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Home My WebLink AboutRC 8001180575 , � . , , . • � r :• � a �► . . � � • � � � ' . .` . . , . -a� r +?p '•• ... � .__�. .�� W ' " , rd::�:�,�� T��:�r,Fa�r � � - • �.,, �� ;�, } .,�tK� , � • • /1�. I / 1� ,f..� I'� ..r � ' EY'Tl:r�J�';�:.;Cil C(' I � .. REC�IrI;�X F;lEC1�l0YS _ 11NG CQUtdTY DECLARATION OF PP,OTECTIVE COVENANTS, RESTRICTZQNS, I LINIITATIONS, CONDITIONS AND AGREEMENTS WITH RESPECT I TO THE PLAT QF VICTORZA HILLS, LQCATED IN SEGfiIONS 20� 23 AND 29r TOWNSHIP 23 NORTH� RANGE 5 EASTr W,M.r CITY OF RENTON� KING COUNTY, WASHINGTON� AND RECORDED IN VOLUME /!.� OF PLATS, PAGES��' RECORDS OF KING COUNTY, WASHINGTON, UNDER RECORDER'5 23Q. 800//8DS 7'� I � ZT I3 HEREBY MADE KNOWit that FIRST CITY DEVELOPMENT3 tj CORP. (hereinaft�r referred to as "First City") , a Washington � � corporation, daes by these presents make, establish, canfirm and :.mgress upon the followinq-described praperty which ' �' comprises a portion of the Plat of VICTdRiA HILLS, recorded I � in Valume �!3 of Plats, Pages 3 and records of King � Caunty, Was�i�gton (which graper�s herefnafter referred � to as "VICTORIA HILLS," the following restrictiva covenants to run with the Iand and does hereby bind First City and all its grantees, assignees and successors to said covenants far the term hereinafter stated and as fo].lows: The real property which is, and ahall be, held, transferred, sold, conveyed and occupied subject to th3s declaration 3s located in Kinq I County, Washington, and is desaribed as: ` � � 1. GENERAL PROVISION3: These restricti•�e covenants s shall run with the land and shall be binding upon First City, its qrantees, assignees and suocessors, and all persans owning I,ots i.n VICTOkIA HILLS or claiminq under them until � January I, 2009, at which time said restrictive covenants shall be automatically extended far success��ve periods of ten (10) years unless a majnrity of said Owners, by an � � �Iinstrument or instruments in writing, duly signed and � I acknawiedged by them, terminate or amend said restrictive covenants insofar as they pertain to residential lots, and � I said termination or amendments shall become effective upon � � I the filing of such instrument ar instrumenta of record in � � the Office of the Recorder of King County, washington. Sucri � inetrument or instruments shall cantain proper referenaes ta � the records of said offiae by valume and page number of both ; ' tt.e recording of the VICTORTA HILLS plat aild the recording � of this instrument in which these restrictive covenants are , i set farth, and to the recarcling af alI amendments hereof. 4� I� �. ?�. I i �1_ ,;� 0�3•8'� ��! fl -- SLsoa�TCOa z a ti o o - pg-8t•1�Yr ,� . ��" . . , � ��;'�'�''�rz`' ` ' � t � .�. .. � � ' ' . ' � • �� .. r . 'N , ' , • � ' ' • � ' , . �q1,r�,{,+ 9�F�' l;7��'Y,":'I`h..h_ ., . . . � ...... , . If First City, the Owner c�.f lc�ts in VICTORIA HILLS, or any of them or their heirs or assigne shall violate or attempt to violate any o: the covenanta heroin, it shall be lawful for any person or persons owninq any real property situated in VICTORIA IiILLS to prosecute in proceedings at law or in equity against the person or persons violating or attempting to violate any such covanant, and either to prevent him or them from so doinq or to recover damaqes or � other due� for such violation, or both. � I Ln Invalidation of any one of these covenants by judqment Oor court order shall in no way rsffect any of the other ,.._ provisions which shall remain in full force and effect. � 2. DEFINITIONS: � � Section l. "The Association" shall mean VICTORIA HILLS HOMEOWNE— RS� ASSOCIATION, INC. , a non-profit corpora- tion to be established pursuent to the provfsions of Para- graph 21. herein, its successors and assigns. Section �. "Developer" shall mean FZRST CITY, a corporation, and any assigns of its entire interest in VICTORIA HILLS. Section 3. "Trustee" shall mean RAYMOND .^.. SWANSON, or any successor Trust�se. . Section 4. "Properties" shall mean that certain real property comprfsing VICTORIA HILLS described above and ' • additions thereto as are subject to this declaration or any supplemental declaration. � , ' ' Section S. "Common Properties" shall mean all � � ,' real property owned by the Trustee or the Association for , . the common use and enjoyment of inembers of tha Association �,:;:? and shall not include any streets or other areas dedicated to public use. The Common Properties fur VICTORIA HILLS fs . particularly described as follows: � I � � E i i ' � -2- 1SI15+IMM#n4+►.r�a�v+�rr��,. • .. �•.• �•. ,. . ' I { .G�i ..:�,; � ��,��;^�ii'?�,� ! . , • ��:.;�+4a',� .��M; `�,.� � 1 ::;� , t,: f . ..0 r � � � '�}Jk>,. '�' , �- � . , � - , . .. � .., _ �� . . . , . � . ' ��` .�.-�,..,., r 4 • . , � . . r ;� ? ' ' . i All of said Common Pr�perties is designated in red on the map of the final plat of VICTORIA HILLS attached hereto as Exhibit "A." Section 6. "Lot" shall mean any plot of land ' ahowr. upon any recorded subdivision map of the Properties , with the exception of the Cammon Propertiea and atreeta or other areas dedicated to public use. Ser.tion 7. "Member" shall mean every person or ti entity who ol�ds membership in the Association as provided � in Paragraph 20. he�.reof. O � — Section 8. "Owner" shall mean the record owner, � whether one or more parsons or entities and specifically � including the Developer, of a fee simple title to any Lot or c� Lots which are part of the Propertiea, including contract sellers, but excludinq those havinq such interest merely as � security for the performance of an obligation. Section 9. The term "the development period" shall mean t�at—period of time from the date of recordinq of this declaration until the date on which seventy percent (708) of the Lots now or here�inafter platted on the Properti.es have been sold by Developer, or until such earlier date as may be established by the Developer. In any event, the development period shall terminate on December 31. 1885 i 3. BUILDIrIG RESTRICTIONS: All Lots shall be known � � and described as residenfi al lots." A "buildinq site" � shall consist of one or more residential lots as shown on said plat. No building or structure shall be erected, constructed, or maintained or perm�tted upon such residential lots, except on a buildinq site as hereinabove defined. No build- ing or struature shall be erected, constructed, maintained or permitted upon a building site except a single detached dwellinq house to be occupied by no more than one family and attendants or domestic s�rvants of that family. • The main floor finished area of the main structure or � building of the single detached dwellinq house, exclusive of , .one story open porches and garages, shall not be less than twelve hundred (1200) square feet for a one story dwelling ' , nor less than one thousand (1000) equare feet for a one j atory dwellinq with a daylight basement, nor less than nine ; hundred (900) square feet for a dwelling of more than one � d story= provided, that for dwellings of more than one story, : � � -3- ; � � ;•.,w,.�w.,.,,x?•�+•.�»M....,.. .. . . ....._ ' i , .� .:.yp �,.�r:�st , , ,. .,� , �,,: 1. : ,,t. t �� . , • � • ' . . � r r� • � } i I the total finished aquare foatage area of the aecond and/or third atory when added to the minimum nine hundred (900) square foot main floor requirement, shall not be less than fifteen hundred (1500) square feet. 4. BUILDING LIMITS: No dwelling shall be erected or placed on any Lot av ng a width of less than fifty (50) � fEet at the minimum building setback line. Where it is � r_ architecturally feasible, it is recommended that all garagea, � carports, storage areas, tool cabinets, garden houses and � similar structur�s be attached to, or incorporated in and ,_ made a part of the dwelling house. � No linea or wires for the transmission of power or for `� telephone use shall be constructed, placed or permitted to � be placed upon any residential lot outside the buildings thereon unless the same shall be underground or in conduit attached to a building. No television or radio aerial shall be erected or place� on any residential lot which is more than six (6) f�et in height above the highest point (exclu- sive of chimneys) on thQ building or structure upon which it is erected. 5. APPROVAL OF PLANS BY BUILDING COMMITTEE: All � buildinqs or other mprovements, nclu ng encea (wo�den only allowed) and swimming pools, shall be approved by the Building Committee, established pursuant to Paragraph 6. herein. Complete plans and specificationa of all proposed ; buildings, structures, and exterior alterations, including , � exterior color, together with detailed plans showinq the � proposed location of the same on the particular buildinq , site, shall be submitted to the Building Committee before construction or alteration is started, and such constructioi� ' . or alteration shall not be started until written approval ' thereof is given by the Building Committee. � All plans and specifications for approval by the Build- ; � ing Committee must be submitted, in duplicate, at least ten ' (10) days prior to the proposed construction starting date. ; Said plans or specifications shall be prepared by an ' architect or a competent house-designer approved by the Building Committee and all buildings or structures shall be • erected or constructed by a contractor or house builder approved �y the Building Committee. Tn addition, each aubmitted plan must have a plot plan attached showing the following informations -4- '�n'M�RM•sw �,�.M......�� ,.r .. i i i { �, 1 �:'?•��, � � ,y. ' , .,,„y.�.., e � "hJ :.5;,. f`� ,r. _. . ..w , � . � . . . • , � , �� .. i ' . ' • .. ^ • - , . 4 �'� ' 'MJ Y.., .,,,... l. Lot dimenaionaf 2. House placement on Loti 3. Elevation of basement and main floors with relation to point on curbs 4. Elevation of highest ridge linet and 5. 3xterior color scheme. � As to all construction or alterations in VICTOR2A � HILLS, the Buildinq Committee ahall have the right to deny p approval when such construction or alterations are not � suitable or desirable, in the Building Committee's opinion, "' for any reason, sesthetic or otherwiae, and in so passing p upon auch application, the Buildinq Committee shall have the v� riqht Lo take into conaidezation the auitability of the proposed building or other structure, the material of which it ia to be built, and the exterior color scheme, to the site upon which it is to be builts the harmony thereof with the surroundinqsj how the building or other structure or alterations as planned will look from the adjncent or neiqhboring property= the affect or impairm^^t that said structure or building will have on the view of tha surround- ing building aites, and any and all other factors which, in the Buildinq Committee'a opinion, ahall aftect the daeir- ability or auitability of auch prc.poaed conatruction or alterations. 6. BUILDING CONAlITTEE: The Building Committee shall ' be initially composed of two person3 selected by FIRST CITY - and/or any additional person or pereons appointed from time to time by FIRST CITY, ita successora or assiqns. In the event of the death, disability, resiqnation, or inactivity in committee work of any committee member, the remaininq � members, or FIRST CITY, ita auccessors or assiqns, in the event there are no remaining members, ahall be authorized to appoint svccessor membera of the Building Committee. After January 1, 1982, the Building Coiamittee shall be compossd of no less than three (3) e�nd no mora than five (5) individuals to bs selected by the Asaociation or by the Owners of majority of the Lots in ViCTORiA HILLS, it the Association has not been incorporated by that dete. All deciaions o! the Build- ing Committee shall be by majority vote. . � 7. PROSECUTION OF CONSTRUCTION WORK: Any dwellinq or atructure erecte or placed on any rea dential lot in VICTORIA HILLS shall be completed as to appearance, including finished exterior paintinq, within six (6) months after date of commencsment of construction. ` 8. EASEMENTS: Easements for installation and main- a: tenance of u�t�es and drainaqe facilities are reserved as v �'ti ' -5- .� 3� �� r, ��..., �, � .i_,;. t` �{� �' 4�, � � N � 't';t��`: ,, tir:� � : ,*.. .��., � ',. • .' ' ,' ' � ' . '' .. �. � ' • ' ' ' � - {. � � :. .., , ., .... .... .. . , . :. � shown on the recorded plat of VICTORiA HILLS. Within these ` • easements, no structure, planting or other material shall be 1 . Flaced or permitted to remain which may damage or interfere with the installation and maintenance of utilities or which may chanqe the direction of flow of drainage channels in the � easements, or which may obstruct or retard the flow of water i through drainage channels in the easementa. That portion of each Lot which contains auch easement and all improvements � thereon shall be maintained conti�uously by the Owner of the � Lot, except for those improvements for which a put�lic authority p or utility company is responsible. Any and all drainaqe 70 collected or aufficiently concentrated to create erosion — problems in the opinion of the Buildinq Committee shall be p piped at the Owner's expense to the nearest underqround � public storm sewer line or strret gutter. Plans and speci- ficatfons for such underground piping must be approved by the Building Committee at the time the house plans are approved for construction, as provided in Paragraph 5. herein. 9. NOXIOUS USE OF PROPERTY= No noxious, illeqal or offensive use o propertp shall e carried on apon any Lot, nor shall anythinq be clane thereon which may be, or bacome, an annoyance or auisance to the owners of other Lota in VICTORIA HILLS. No grantee or grantees, under any convey- ance, shall at any tima conduct, or permit to be conducted, on any residential lot, any trade or bueiness of any de- scription, either commercial or reliqtaus, including day ' r� schools, nurseries, or church schoola n�r shall sain pre- i mises be used for any other purpose whatsoever except for � the purpose of rs private �welling or residence. - No trash, garbage, ashes or other refu�e, junk vehicles, ( ! unclerbrush, or other unsiqhtly growths or objects, ahall be ( thrown, dumped or allowed to accumulate on any Lot. In the � � event any auch conditi.on shall exiat upon any Lot, ar.y � person or persons owning any real property situated in VICTORIA HILLS may uae the legal powers as set forth in � Paragraph l. herein to alleviate such condition. ' No trailer, basement, tent, shack, qarage, barn or , other outbuildinq or temporary structure erected or aituated � in VICTORIA HILLS shall, at any time, bc� used as a residence, ' S temporarily or permanently, nor shall any permanent building ', or structure be used as a residence until it is completed 3s �; , to external appearance, including finiehed pain�ing. � a, 10. MAINTENANCE OF PLANTER ISLA:iDS: The maintenance of the plante�slan s n VICTORIA HILLS shall be the sole 4 �„ —6— � f f , .�.�,...».... �� I ,_ , �� . ' •�.r'`''.',�;i�:'::j:;� ., iK1:'� ,Y �o'f:, �i�� "�?" ,uq , 1�:,� , ' 'r'":�. �h., . , c,r;��t.. ;,��z�;�,' • , i ! . . . , . • , � , . . . ,.' �. ,��,,.F�.. ....._._ responsibility of the owners of thoee Lots directly frontinq the cul-de-sac's containing said planter islands. ' 11. FENCES AND HEDGRSs All fences muat be constructed of wood or wood type mater al and blend with the architectural • style of the houae occ�:rying the Lots on which aaid fencea are to be erected. Any 'voundary walls must be approved by � the Building Committee. � O12. ANINI�,LS: No animals, liveRtnck or poultry of any _ kind shall be ra�sed, bred or kept on a�ny Lot, except that dogs, cats or other houaehold peta may be kepts provided, O that they are not kept, bred or maintained for commercial � purposes, and further provided that they do not become a pLblic nuisaace. 13. MAIL BOXES: All mail boxes must be of a standard accepted by the U.S. Postal authorities, and must be located in those structures erected and so designated by the U.S. Postal Department. The Owners using �uch mail boxes ahall be responsible for the in-maintenance, repair and replacement. 14. GARBAGE CANS AND REFUSE DISPOSALs Trash, garbage or othEr waste s al not be kept except n sanitary con- � . tainers. All incinerators or other aimilar equipment shall be kept in a cle�an and sanitary condition. All containera '.j for trash, garbage or other waste must be screened so as not , . , .:':� t� be visible from any street or adjacent Lota or residenr,es. , ,� . �. 15. SIGNS: No aiqns of any kind shall be displayed , ' � ' within V2CTORIA HILLS with the exception of real estate "for � sale" or "for rent" signa, the maximum aiz9 of which ahall ; j � be in compiiance wiL•h the Renton City Code. ; 16. ACCESS TO SR 515: No Lots shall have direct access to or rom the roadway known as SR 515, and tha only • access from VICTORIA HILLS to SR 515 shall be bx way of public street right of waya. , 17. CLOTHES LINES: No exterior clothea linea are allowed that can e seen from 3ny atreet or adjacent Lots or residences. ' 18. ELECTRIC UTILITY INSTALLATION: All permanent electric ut 1 ty systems s al be underground excluaively. -7- }�'*�,"''�. ,.. .. .., , f s �• ;:i�;».rs,,. ' � �,.. , • Y .,•'h. . � . ��'f', . . ' � • -� • � • � �; �r� �,i . , . , ;�� 'r , 3'!��.1$jP•� .r n .e.,.. . 19. ANNEXATION OF ADDITIONAL PROPERTIES: ' Section 1. Annexation of additional propertiea into VICTORIA HILLS shall require the asasnt of fifty-one percent (51$) of the membera of the Association, at a meeting duly called for thia purpose, written notice of which shall be sent to all members not less than thirty (30) � daya nor more than sixty (60) days in advance of the meeting � setting forth the purpoae of the meeting. � — Section 2. if, within fifteen (15) years of the � date of recor�ng of this declaration, Dcv�loper ehould ' � develop additional lands within the area d�scribed in c0 Exhibit "8," attached hereto and incorporated herein by reference, lands may be annexed to VICTORIA HILLS without the consent of the members of the Association= provided, however, that the development of such add:.tional lands described in this Section shall be in ac:cordance with the then-current Master Plan approved by the City of Renton. 20. INCORPORATION OF THE ASSOCIATl'ON. The Association r' shall be incorporated at the t me selecte by First City ii� ,�" its eole discretion, provided that said Association shall, ' in any event, be incorporated no later than the date sixty percent (60�) of the houses to be constructed on the Lots ( are occupied. The Association shall be incorporated by First City or its agent under the Non-Profit Corporation Law of the State of Washington, as set forth in Title 24 of the � ' Revised Code of Washinqton. 21. MEMBERSHIP IN THE ASSOCIATION. Every Owner in ( � . VICTORIA HILLS a a e a me er o e Associationf pro- f ^ vidad however, that if any Lot is held jointly by two (2) or . more persons, the several 0«iers of such interest ahall designate one of their number as the "member." No Owner � shall have more than one membership regardlesa of the n�•mber of Lots owned. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is � subject to assessment by the Developer or the Association except that the incorporator(s) of the Aasociation shall be , � eligible for membership without regard to ownership of an • interest in a Lotf provid4d, however, that incorporators who are not Ownera shall cease to be membere of the Association at �he expiration of two (2) weeks from the date of incorpora- tion of the Association. Upon transfer of the fee interest , t� any Lot, the membership and any certificate of inembership � in the Association shall ipso facto be deemed to be trans- ' ferred to the grantee of auch Lot. Ownerahip of such Lot or � Lots ahall be the aole qualification for membership. i -8- .�an,�sa�aiq�,'��,t��•� ,�,. _. ' ,� .�',..;. � '�` �,,.: ,�� .�i1`'�,• 4• y�. . i�i.'J � . , • , � . ' . �' �'. � .t . . . } ...v,�,. .,. .,..., . � I 22. VOTING RZGFtfiSs Eaeh mamber of the Aasocfation shall have one vote anc� the interest af eaah membez sha21 be � ' equa2 to that of any other menber, and na member may acquire �. aay interest whiah entit3es him ta any greater vofce, vote .;�i!� ar autharity in the Association than any other member. In � "� the casa of Lots awned jointly by two (2) ar more peraons. only the joint owner designated as tha "memb�sr" pursuaat to � Paragraph 21. hereof shall be e»titled to vote. I� � . p 2n the event that the Non-Prafit Corgoratian Law o� the � '� State oE Washington as set forth in Titla 24, Revised Code of Washington, is changed to permit one member of a non- O profit carporation to sxercise greater votin� r+�hts than � another member, voting shall thereafter be according to the I number of Lots awned, that is, members sha11 be entitled to one vate for eaah Lot in which they ho2d the fnterest re- • � quired far membership by Paragrapii 21. heraof. When more i than one persan holds such interest in any Lot, the vote for I such I.ot sha11 be exerciaed as they amanq themselves deter- ' mine, but in no e�ent shall more than one vote be aast with � raspeat to any Lot. � 23. PROPERTY RIGHTS IN THE COMMON PROPERTIESt � Sectian 3.. Members' Easements of Enjayment. I Every member o t e Assaciat on s ali a�a riq�it�and � easemen*. o�' enjoyment in and to the Cc,mman Praperties and I such erasement shal2 be agpurtenant ta and shall pass with the title to every assessed Lot. subj�►ct to the following � provision�s: i ' (a) The right of the Assaciation to limit � the number of guests of inembers; . ' (b) The right of the Assaciation to charqe , � reasonab2e admissian and other fees for the uae of any re- ' areational facility sit�ated upon the Cammon Propertiesj �I i (c} The rigi:t af the Association, in acoord- ' anae with its Artfcles and By-Laws, to barrow maney for the ' ' purpose af improvinq the Common Propertiea and facilitiea and in aid thereof to mortgage said Common Properties, but the rights af such mortqaqes in said Common Fragerties shall be subordinate to the rights of the membera hereunder; td� Tha right af the Association to tmke I I such steps as are reasonably neceesary to prntect nny such martgaged property against foreclosure, tncluding but nat � limited to, the riqht to charqe admissian and other fees as i a aondition ta continued enjoyment by the member�t and, if 1 � -9- wxv�xr+f�rwr!�we�+e�lv�rwrrw��r,., , i � + �,. �X�ry�;#.rv . s �' i . . a)swc'{•'�d�;;ggy.. a ..� ,v , r: .,. i � 'h I , e ' � � , � � ., � t r • • 1 -. ,�+..w.. .... ,. . necessary, to open the enjayment of such Commor► Pzaperties to the publict and {e) The zight of the Assaciation to susgend the voting rights and right to use the Common Properties and the recr+�ationa2 facilities by any member £or �ny perfod durinq which any assessment against his Lat remains unpaid tt) and for a periad not to exceed thirty C3o) days far nny � infractfon of the Assacia•tion's published ru2es and regula- � tione. During the developmental periad, the Association � shall be required ta ex?rcise its rtght to suspend the — voting rights af, and the right ko the use af the Comman �jProperties and the recreatianal facilities by a member for 7 I � non-payment of an assessment, upon the request of the Develaper. (fj The right of the Association, to dedi- cate or transfer all or any part of the Common Progerties ta I any governmental unit ar public agency or au�hority or , pub2ic uti2ity far such purposes and subject to such candi- tions aa may be agreed ta by ths members. No such 8edicatfon or transfer shall be effect3,ve unlesa an instrument signed by twa-thirds {2j3} of the members entitle3 to vote hae been recorded, agree3ng to suah dedicat3on ar transfer, and unlesa written notice of the proposed actian 3s sent to every member nat less than thirty t30) days nor mare than � . sixty t60? dals in advanae. � (gy During the deveiopmental period, the exercise of all of the rights and powers set forlh in sub- paragraphs (b) , (c) , (d) and (f) shall require the priar apprava2 of bath the Trustee and the Deve2aper. ; , Seation 2. Dele�at�i_��o� n, of Use. Any member may , I, ' delegate, in a'r ccordance w t�h the By-Laws of the Association, � ' his riglits of enjayment ta ths Cammon Properties and facili- � � ties to the members of his family, his tenants or contract � � purchasers who reside an the property, and, subjeot to f ' requlatian by the Associatioa, ta his temporary guests. � Seatian 3. Title to the Comman Prape�_�r�ties. First City e�i r�covenants�iat�w�3. canve e simgle • title to the Cammon Properties to the Trustee, free and ° clear of alI encumbranaes and iiens immedfately upan recorda- tion of this Declaration af Protective Cavenants, Restrictions, Limitations, Conditions and Agreements (hereinafter referred to as the '"D,�cl.araticn") . ?�, Seation 4. The Trustee. The Trustee shall hold I ,�� sai3 Common Properties�trust�or the benefit and enjoyment I -10- � �� °+,c�r�^��""`...,.. . . � I z , ' ...i:;,.:,. . �� ':��;�' � �' I t. 'k Ix., .c^,��,�=y;� w � I � i . 1 � ' ' . � ` �� .1 y t �t , t: ' 1� «. I � � of the members af the Assaciatian duriag the develogmental period, or until the Assaciation is incarporated, whichever � is later, after whiah time tha trust shall terminnter and the Trustee shall thereupon canvey the Common Pzoperties tc the Association sub�ect to the proviaions of this Declaratian '� or any supplem�ntal dealarations. During the term of said I trust, the Trustes shall have all of the rights and powers , � provided for in thfs Declaration and/or in the Deed aonveyinq r.. suah praperty to the Truatee. Durinq the term af said GTrust, the Developer shall cantrol the callection an@ ctis- � bursement of assessments and the development and maintenance — of the Comman Properties and related faailities. � 24. COVENANT FOR MAINTENANCE ASSESSMENTS. , O oQ I Seatian 1. Creation �f the Lien and Persanal Ob1i ation of Assessments. The Develaper, or eac Lot � owned w t n t e Progert�.es, herehy covenanta, and each � Owner of any Lot or I.ots by ACC.?ptanoe of a deed therefaz, whether or not it shall be so expressed in any such deed or other canveyance, is deemed to aovenant and agree to pay to the Developer duris�c} the developrnental period, or until the Asaociation is inaorporated, whichever is later, and there- after ta the Association, as provided herein: (1} annual assassment or charge: and (2) special assessments for capital improvements, such assessments to be fixed, established, and I ccllected from time ta time as grovided herein. The annual and special assessments, together with such interest thereon ' and costs of callection thereaf, as provided herein, shall ' be a charqe on the land and shall be a continuinq Iien upon the Lot against which each such assessment is made. The Developer shall not pay such annual and special assessments and such assessmen�s sha22 not be a lien upon any Lat awned by Developer. Each suah assessment, together with such interest and costs of collection thereof i�.ncluding reason- � able attornays' fees} sha21 also be the personal obligation � pf the Owner of such Lot at the time when the a�sessment fell due. The personal obligation shall not pass to said Owners' successors in tit2e unless express2y assumed by I them; provided, howeverl that in the case of a sale of any Lot which is charged with the payment of an assessment or assessments payable in instal'�ments, ttse person or entfty . wha is the Owner immediately prior ta the date af any such sale shall be personally �iable anly for the amount of the instal2ments due prior to said date. The n+�w Owner shall be personally liable for instaliments which become due on and after the date of the sale. Sectian 2. T.'ur��os��e �_o� f Assessments. The essess- ments levied y the Deve oper or the Assoc�,ation as pravided -11- xr�o�wa��i��:��sa.,�.. ,,. . ,, I � 4 - r. r r 1, . � .; L � •;i,' I i `J.� '�" . ., , . . . � . , . . ' �` � •,s , . . , _ t w: . : ' herein shall be used exclueively far the purpose of promotinq the recreation, health, safety, and welfare of the residents of the Praperties, inaluding, without limitatioa, the aon- struation, establ3shment, improvement, repair and maintenance of the Common Praperties and servicea and faailities related '� to the use and enjoyment of the Common Properties, the paymen� of taxes and insurance an the Cammon Properties and the payment of Trustee's fees ta the Trnstee» Section 3. Amount af the Annual Assessments. The I tt') amount of the annual assessments shali be as follows: H � (a) During auch time as title to th�e Cammon � � Properties is held by the Trustee, and subject to the pra- ' "` vfsions of Section 6. of this Paragraph 24., each Owner p shall pay to the Developer as an annual assessment the � amaunt cf twenty dallars t$28.88) per annum per Lot tsuhject � ta inarease puzsuant to the provisions of this SEation 3. and of Seotion 4. of thi� Paragraph 24.) whioh shall be used for the purpases pravided in Section 2. af this Par�qraph 24. and for �o others. The extent of ths expenditures for the purposes specified ahall be determined by the Developer subjec� to the pravisians of Paragzaph 23.. Seoticn 4.i provided that the Association has been incarpornted, said j annual assessment amount may be increased durtnq the develop- mental period by a vate af fiftyrone geraent {51�) af the members oE the Assaciation voting i� person ar by proxy, at a meetiag duly called for such purpoae, written notice of • I which sha11 be sent ta all znemhers nat less than thirty (30} days nor more than sixty {6Q) days in advance of the meeting. {b} Upan termination of the trust and can- veyance of the Common Properties by t,he Trustee to the Assoaiatian, each Owner shall pay to the Association an annual assessment af twenty dollars (S�0•003 Per artnum per lot (or in the event triat amaunt has been inareased as pro- i , vided in the preceding subparaqraph (a) or in 3ection 4. of � this Paragraph 24. , the amount as so inoreased) subjeat Ca � the provisiana af Seotion 6. of this Paraqraph 24.p gro- ! I vided, that said annual assessment shall be inareased as ; ' provided in Section 4. af this Paraqraph 24. and may be inareased by the Association with the consent af fiEty-one percent (518) of the members voting in person ar by praxy, at a meeting duly ca22.ed for such purgoses, written notice of which shall be sent to all members not less than thirty I � (30) days nor more than sixty (60) days in advance of the meeting. After consideration af current maintenance aosts �� and future needs of the Assoaiation: the Hoard of Trustees . of the Associatiot� may fix the annual assessment at an �; ar�tcunt less than the amount herein set farth. , I � -12- ,,«, � ;;� ��; , �' I .� � , �f �"'I:Y.'h�, 1 i. �:�' � i . � ;�',�� • . � � , . • � - . ' . � � . ' '� � ' ' • • :�„yd ,� :,,.... .:._.'_ . . I;��: . � Section 4. Increase in Annual Assessmenta in Conforrtar�ce w�th R�se n Consumer Pr ce In ex. From and a�ter—January 1, 980, the amount o t e annual asaessment shall be increased effective January 1 of each year by multiplying the 1980 annual assessment by a fraction the � numerator of which is the U.S. Bureau of Labor statistics Consumer Price Index for All Urban Consumera (calculated on t:ie base period: 1967 equals 100) for the United States as • � � a whole (herein "price index") for January, 1980, and the f f� denominator of which is the price index for January of each 0 succeeding calendar year. If said price index is not pub- � lished on a monthly period basis, the smallest measurinq -- period which includes the mon�h involved shall be used, or 0 if the price index is not pub�ishe3 for the month involved. � the month to be used is the next month !or which the price , pp index is published. If the price index shall be discontiaued, there shall be substituted a comparable or substitute price index prepared by the U.S. Government. In no event shall the basic rent be less than the basic rent provided in Paragraph 6. Section 5. S ecial Assessments for Ca ital Improvements. in addition to the annua assessments author- ized above, the Association may levy apecial assessments for capital improvements on the Common Proparties. Any such levy by the Association shall be as provided in the Articles of Incorporation and/or the By-Laws of the Association, and during the developmental period shall require approval of the Trustee and the Developer. � Section 6. Uniform Rate of Assessment. Both � . annual and specia�assessments shall e xe at a uniform I ; rate for all Lots. i , � Section 7. Quorum for An Action Authorized Under � /. Sections 3. and 5. At t e irst meet ng ca e , as prov e ( • , in Sections 3. and 5. hereof, the presence at the meetinq of ( ►,: � members of the Association or of proxies entitled to vote sixty percent (608) of all the votes, shall constitute a ! ,. quorum. If the required quorum is not forthcominq at any � meeting, another meeting may be called, subject to the j . notice requirement set forth in Sections 3. and 5., and the required quorum at any such subsequent meetinq shall be one- ; half (1/2) of the required quorum at the preceding meetinq. No such subsequent meetinq ahall be held mora than sixty (60) days followinq the preceding meetinq. Section 8. Date of Commencement of Annual Assessments - Due Dates. As to all Lots sub ect to this -13- �{�',.�-•..:- � r'' � . �x .�.:...: •�; :: ,.;�;: , .• . ��. r, �,?. �n-. , . • • � • - - ' ' + t '. • � ,�s _ ' � ' � . . Declaration, the liability for the annual asseasments pro- vided for in Sections 3. (a) and 3. (b) of this Paragraph 24. shall begin on the first day of the calendar month followinq the conveyance of the first Lot to an Owner. Said assesa- ment shall be due and payable or, auch date and on the first day of January of each succeedinq calendar year thereafter. The first annual assessment shall be prorated accordinq to ' the number of months remaininq in the calendar year as of � the date of the com►eyance. The due date of any special � assessments undar Section 5. of this Paragraph 24. shall be p _ fixed by the Trustee, or as to the Association, by the _ resolution authorizing such assessment. O Section 9. Effect of Non a .ent of Assessment - � Remedies. I� any asaessment a not pa w t n t rty ) ayd-s a�er it was first due and payable, the assessment shall bear interest from the date on which it was due at the rate of twelve percent (128) per annum, and the Developer, the Trustee, oz, upon termination of the trust, the Associa- tion, may brinq an action at law aqainst the Owner personally obligated to pay the same and/or forecloae the lien aqainst the Lot, and interest, costa, and reasonable attorneys° fees of any such action shall be added to the amount of auch assessment and all such sums shall be included in any judq- ment or decree entered in such suit. No Owner shall be relieved of liability for the assessments provided for herein by non-use of the Common Properties or abandonment of his Lot. � Section 10. Subordination of the Lien of Mort- a ees. Tfie�ie� the assessments prov ded or here n shall be subordinate to the lien of any first mortqage (and - to the lien of any second mortgage qiven to Recure payment � of the purchase price) now or hereafter placed on any Lot. Sale or transfer of any Lot shall not affect the assessment ' ; lien. However, the sale or transfer of any Lot which is subject to such first mortqaqe, or purchase money secottd mortgaqe, pursuant to a decree of foreclosure under such mortga�e or in lieu of foreclosure thereof, ahall extingaish the lien of such asseasments as to paymenta thereof w`,ich became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any . assessments thereafter becoming due or from the lien there- of. Section 11. Exem t Pro ert •. Tha followinq property au �e�this Declarat on shall be exempt from the assessmenta created herein: -14- �,x�w.p:;a' ,-.. , . , ' j � r , v R�+ . r ' � ' , . �. !. ! .� c � . . � , , . � • : (a) All Properties dedicated to and accepted by a local authorityt (b) All Common Propertieat and (c) All Properties owned by a charitable or non-profit organization exempt from taxation by the laws ot the State of Washington. However, no land or improvemeata � devoted to dwellinq use shall be exempt from said assesaments. � 25. EXTERIOR MAINTENANCE: The Developer, durinq the � development per o , and t ereafter the Association, shall -- maintain all Common Properties and facilities and shall p provide and maintain the landscaping of all open spaces � and buffer zones within VICTORIA HILLS. Each individual N Owner shall be obligated to provide exterior maintenance of his own Lot. 26. LITIGATION SUCCESSORS OF GRANTOR: In the event of litigat on ar sitig out o en orcement o these restrictive covenant8 for VICTORIA HILLS, the grantee or grantees so involved ahall be liable for the payment of all attorneys' fees, court costs and/or other expenses or loss incurred by the Developer and/or the Association, in enforcing these reatrictive covenants of VICTORIA HILLS. The term FIRST CITY as used in the covenants of VICTORIA � � HILLS shall refer to FIRST CITY DEVELOPMENTS CORP. or to any I succesaor of said corporation, whether by change of name, i conaolidation, merqer, transfer of busineas, resignation cr I otherwise, or any qrantee of said corporations' entire ' remaining interest in VICTORIA H=LLST provided, that said ! � grantee is desiqnated by said corporation in the deed of � . transfer or written document attached thereto, as "successor" I of FIRST CITY DEVELOPMENTS CORP. I IN WITNESS WHEREOF, the undersiqned have affixed their � � signaturea. i FIRST CITY DEVELOPMENTS CORP. � n By I ��/i�-.. I t s ./i e s /�.aa.f,a.,.� ` Atteets BY . Its . -15- ��`�V r. ...�. � � �% r�, Y 1 • •� ��' w N�.W.��..�i�t�}It I . , ,, :Z,� `�, '.r.'u":'`'' ' •1 .;�4�, '!�i��tl �I��;7iW'.� i�f '� � - � ' � 'i t � , � � i STATE OF WASHINGTON ) ) sa. COUNTY OF K I N G ) On this day personally appeared before me RAYMOND C. � SWANSON, to me known to be tha Assistant Secretary of FIRST CITY DEVELOPMENTS CORP., the corporation that executed the pforegoinq instrument, and acknowledged the said inetrument to � be the free and voluntary act and deed of said corporation, � i = for the uses and purposes therein mentioned, and on oath �i , O stated that he was authorized to execute the said instrument. � �� GIVEN under my hand and official seal this 27th day of , � " ,D�ovember, 1979. 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