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� DECLARATION
�� ., AND
L� COVENANTS, CONDITIONS,
� RESTRICTIONS AND RESERVATIONS
� FOR
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C�1 FALCON RIDGE RESIDENTIAL PARK
`-� A Planned Unit Development
�'� Including Condominiums
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DECLARATION AND COVENANTS, CONDITIONS,
RESTRICTIONS AND RESERVATIONS FOR
_ FALCON RIDGE RESIDENTIAL PARK
A Planned Unit Development
Including Condominiums
TABLE OF CONTENTS
Page
DESCRIPTIONOF THE LAND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
�
� ARTICLE 1 : INTERPRETATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Lf'�
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� l .l Liberal Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
r"� 1 . 2 Covenant Running with Land . . . . . . . . . . . . . . . . . . . . . . 2
� 1 . 3 Declarant is Original Owner . . . . . . . . . . . . . . . . . . . . . 2
� 1 .4 Captions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1 .5 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1 .6 Percentage of Mortgagees . . . . . . . . . . . . . . . . . . . . . . . . 4
1 .7 Inflationary Increase in Dollar Limits . . . . . . . . . . 5
�
ARTICLE 2: OWNERSHIP OF COMMON AREAS . . . . . . . . . . . . . . . . . . . . 5
ARTICLE 3: MULTIPLE RESIDENTIAL UNIT LOTS . . . . . . . . . . . . . . . 5
3 . 1 Designated Multiple Residential Unit Lots . . . . . . . 5
� 3 . 2 Multiple Unit Structures . . . . . . . . . . . . . . . . . . . . . . . . 5
3 . 3 Ownership of Multiple Residential Unit Lots . . . . . 5
3 .4 Moratorium on Multiple Residential Unit Lots . . . . 6
3 .5 Purposes for Which Owner of Residential
Unit Shall be Deemed Owner of Lot . . . . . . . . . . . . . 6
ARTICLE4: PROPERTY RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4. 1 Owners' Easements of Enjoyment . . . . . . . . . . . . . . . . . . 6
4. 2 Delegation of Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
4. 3 Parking Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
ARTICLE5: OWNER'S ASSOCIATION . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5 . 1 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5 . 2 Form of Association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5. 3 Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5 .4 Voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5 . 5 Meetings, Audits, Notices of Meetings . . . . . . . . . . . 9
ARTICLE 6: MANAGEMENT OF THE ASSOCIATION . . . . . . . . . . . . . . . . 11
'" 6 . 1 Administration of the Development . . . . . . . . . . . . . . . 11
6 . 2 Management by Declarant . . . . . . . . . . . . . . . . . . . . . . . . . 11
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6 . 3 Management by Elected Board of Directors . . . . . . . . 12
6 .4 Authority and Duties of the Board . . . . . . . . . . . . . . . 12
6 .5 Board Organization and Operation . . . . . . . . . . . . . . . . 15
ARTICLE 7 : LIMITATION OF LIABILITY . . . . . . . . . . . . . . . . . . . . . . 17
7 .1 Liability for Utility Failure, Etc. . . . . . . . . . . . . . 17
7 .2 No Personal Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
7 . 3 Indemnification of Board Members . . . . . . . . . . . . . . . . 17
7 .4 Indemnification of City of Renton . . . . . . . . . . . . . . . 18
�
� ' ARTILLE 8: OBLIGATIONS OF OWNERS . . . . . . . . . . . . . . . . . . . . . . . . 18
�
C'�
Ua8 . 1 In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
� 8 . 2 Specific Duties . . . . . . . 18
� 8 .3 Restrictions on Storage• . . . . . . . . . . . . . . . . . . . . . . . . . 18
lta
'ro ARTICLE 9: OBLIGATION OF THE ASSOCIATION . . . . . . . . . . . . . . . . 19
9 .1 Duties of Association . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
' •
9 .2 Power of Association . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
ARTICLE 10: COMMON EXPENSES AND ASSESSMENTS . . . . . . . . . . . . . 21
I 10. 1 Creation of the Lien and Personal
� Obligation of Assessments . . . . . . . . . . . . . . . . . . . . . 21
10.2 Purpose of Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . 21
10. 3 Maximum Annual Assessment . . . . . . . . . . . . . . . . . . . . . . . 21
10.4 Estimated Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
10.5 Increases in Assessments . . . . . . . . . . . . . . . . . . . . . . . . 22
10.6 Special Assessments for Capital Improvements . . . . 23
10. 7 Notice and Quorum for any Action
Authorized Under Sections 10.5 and 10.6 . . . . . . . 23
10.8 Uniform Rate of Assessment . . . . . . . . . . . . . . . . . . . . . . 23
10.9 Date of Commencement of Annual
Assessments: Due Dates . . . . . . . . . . . . . . . . . . . . . . . . 23
10. 10 Payment by Owners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
10. 11 Accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
10. 12 Omission of Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . 25
10. 13 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
10. 14 Declarant Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
10. 15 Lien Indebtedness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
10. 16 Notice of Creation of Assessment Lien . . . . . . . . . . . 26
10. 17 Certificate of Assessment . . . . . . . . . . . . . . . . . . . . . . . 26
10. 18 Foreclosure of Assessment Lien;
Attorney' s Fees and Costs . . . . . . . . . . . . . . . . . . . . . 26
10. 19 Homestead Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
10 .20 Curing of Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
10.21 Termination of Utility Service . . . . . . . . . . . . . . . . . . 27
1U.22 Remedies Cumulative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
10.23 Rights of Board - Waiver of Owners . . . . . . . . . . . . . . 28
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10.24 Purposes of Assessments . . . . . . . . . . . . . . . . . . . . . . . . . 28
10. 25 Assessrnent Deposit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
10. 26 Continuing Liability for Assessments . . . . . . . . . . . . 29
_ 10.27 Assessment for Private Road and
Landscaping Maintenance . . . . . . . . . . . . . . . . . . . . . . . 29
ARTICLE 11 : COMPLIANCE WITH DECLARATION . . . . . . . . . . . . . . . . . . 29
�. 11 .1 Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
� 11 .2 No Waiver of Strict Performance . . . . . . . . . . . . . . . . . 30
� 11 .3 Right of Entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3U
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� ARTICLE 12: MORTGAGEE PROTECTION . . . . . . . . . . . . . . . . . . . . . . . . . 31
.V
� 12 .1 Priority of Mortgages . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
I 4� 12.2 Effect of Declaration Amendments . . . . . . . . . . . . . . . . 31
12.3 Right of Lien Holder . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
12.4 Change in Manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
12.5 Abandonment of Planned Unit
Development Status . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
12.6 Change in Declaration, Bylaws
of Ratio of Assessments . . . . . . . . . . . . . . . . . . . . . . . 32
12.7 Change in Manner of Architectural
Review and Maintenance Within Project;
Insurance and Use of Proceeds . . . . . . . . . . . . . . . . . 32
- 12.8 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
12.9 Payments by First Mortgagees . . . . . . . . . . . . . . . . . . . . 33
12.10 Copies of Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
' ` 12.11 Effect of Declaration Amendments . . . . . . . . . . . . . . . . 34
12. 12 Inspection of Books . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
A CLE 1 EASEMENTS . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . 35
RTI 3: . .
13.1 Association Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
13 . 2 Utility Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
13. 3 Access to Public Streets . . . . . . . . . . . . . . . . . . . . . . . . 35
13.4 Encroachments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
ARTICLE 14: TERM OF DECLARATIUN - COMPLIANCE
WITH RULE AGAINST PERPETUITIES
AND RESTRAINTS OF ALIENATION . . . . . . . . . . . . . . . . . 36
ARTICLE 15: AMENDM�:NT OF DECLARATION . . . . . . . . . . . . . . . . . . . . . 36
15. 1 Declaration Amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
15 .2 Tract Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
. 15 .3 Amendments by Declarant . . . . . . . . . . . . . . . . . . . . . . . . . 37
15 .4 Amendments to Conform to Construction . . . . . . . . . . . 37
15 .5 Amendments to Conform to Lending
- Institution Guidelines . . . . . . . . . . . . . . . . . . . . . . . . 37
iii
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ARTICLE16: PARTY WALLS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
16.1 General Rules of Law Apply . . . . . . . . . . . . . . . . . . . . . . 38 I
_ 16. 2 Sharing Repair and Maintenance . . . . . . . . . . . . . . . . . . 38
16.3 Destruction by Fire or Other Casualty . . . . . . . . . . . 38
16.4 Weatherproofing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
�. 16 .5 Right to Contribution Runs with Land . . . . . . . . . . . . 38
�
� ARTICLE 17: ARCHITECTURAL CONTROL, USE ETC. . . . . . . . . . . . . . . 39
�
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� � 17 .1 Architectural Control Committee . . . . . . . . . . . . . . . . . 39
� 17.2 Sales Facilities of Declarant . . . . . . . . . . . . . . . . . . . 40
119 17 .3 Common Drive and Walks . . . . . . . . . . . . . . . . . . . . . . . . . . 41
� 17.4 Single Family Residential Use . . . . . . . . . . . . . . . . . . . 41
17.5 Alterations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
17 .6 Nuisances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
17.7 Restriction on Further Subdivision . . . . . . . . . . . . . . 42
17 .8 Garbage and Trash Removal . . . . . . . . . . . . . . . . . . . . . . . 42
17 .9 Pets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
17 .10 Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
17 .11 Rental Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
17.12 Zoning Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
17 .13 Setback Lines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
17 .14 Hedges and Fences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
17.15 Business Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
- 17.16 Temporary Residence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
17 .17 Antenna and Aerial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
17 .18 Easement Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
' 17.19 Storage Clothesline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
17 .20 Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
17 .21 Parking and Boat Storage . . . . . . . . . . . . . . . . . . . . . . . . 46
ARTICLE18: INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
18.1 Insurance Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
18.2 Owner' s Additional Insurance . . . . . . . . . . . . . . . . . . . . 48
18.3 Insurance Proceeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
18.4 Additional Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
18.5 Reconstruction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
18.6 Common Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
ARTICLE 19: CONDEMNATION OF COMMON AREAS . . . . . . . . . . . . . . . . . 50
, 19.1 Consequences of Condemnation . . . . . . . . . . . . . . . . . . . . 50
19.2 Proceeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
19.3 Complete Taking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
_ 19.4 Partial Taking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
19.5 Reductions of Project Upon Partial Taking . . . . . . . 51
19.6 Reconstruction and Repair . . . . . . . . . . . . . . . . . . . . . . . 52
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ARTICLE 20: DAMAGE OR DESTRUCTION OF
COMMON AREAS; RECONSTRUCTION . . . . . . . . . . . . . . . . . 52
_ 20. 1 Initial Board Determinations . . . . . . . . . . . . . . . . . . . . 52
20. 2 Notice of Damage or Destruction . . . . . . . . . . . . . . . . . 53 �
20. 3 Definitions: Restoration; Emergency Work . . . . . . . . 53 ',
20.4 Restoration by Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
20. 5 Limited Damage; Assessment Under $3, 500 . . . . . . . . . 54 ,
20.6 Major Damage; Assessment over $3, 500 . . . . . . . . . . . . 55 '
20. 7 Decision Not to Restore; Disposition . . . . . . . . . . . . 56 I
20.8 Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 '
� ARTICLE 21 : MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Cl�
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� 21. 1 Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
� 21. 2 Conveyances; Notice Required . . . . . . . . . . . . . . . . . . . . 57
�
� 21. 3 Re�nedies Cumulative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
`� 21.4 Successors and Assigns . . . . . . . . . . . . . . . . . . . . . . . . . . 57
�� 21 . 5 Joint and Several Liability . . . . . . . . . . . . . . 58
. . . . . . .
21.6 Mortgagee' s Acceptance . . . . . . . . . . . . . . . . . . . . . . . . . . 58
21. 7 Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
21.8 Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
,� 21.9 FHA VA Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
ARTICLE 22: PHASED DEVELOPMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
22. 1 Development in Phases . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
22. 2 Assessments for Subsequent Phases . . . . . . . . . . . . . . . 60
� 22. 3 Easements for Phased Development and
Adjacent Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
22.4 Phased Amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
22. 5 Liens Arising in Connection with Phases . . . . . . . . . 61
22.6 Binding Effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
22. 7 Limitation of Declarant' s Rights . . . . . . . . . . . . . . . . 62
ATTACHMENTS
Exhibit A - Legal Description
Exhibit B - Site Plan
� Exhibit C - Franchise Agreement
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DECLARATION
AND
_ COVENAI�TTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS
FOR
FALCON RIDGE RESIDENTIAL PARK
A Planned Unit Development
Including Condominiums
� THIS DECLARATION is made this � day of �Ku�z ,
1985, by FALCON RIDGE ASSOCIRTES, hereinafter referre to as
� "Declarant."
�lh
'r"� This is the restatement of that certain Declaration and
� Covenants, Conditions, Restrictions and Reservations
��
� ( "Declaration" ) for Cedar Ridge Residential Park which was
recorded under King County Auditor' s File Number 8109180705 and
amended of which said amendment to Declaration was filed under
King County Auditor' s File No . 8404090613. This restated
Declaration shall supercede in its entirety the above-
referenced Declaration and amended Declaration.
DESCRIPTION OF THE LAND
" A. Declarant owns certain real property located in the
County of King, State of Washington, said property and improve-
ments hereinafter collectively referrec� to as the "Project, "
� all of which is hereinafter more particularly described in
Exhibit A attached hereto and incorporated herein.
The Tract Map for the project is attached hereto as Ex-
hibit B and is incorporated herein by this reference. All Com-
' mon Areas of the project are shown on said Tract Map.
� Access to the Project shall be along the roadway described
in Exhibit C of the franchise agreement for street purposes. A
copy of the Franchise Agreement is attached hereto as Exhibit C
and incorporated herein by this reference.
B. For the benefit of the Project and as an inducement
to lenders and investors to make and purchase loans secured by
Lots within the Tract, Declarant agrees to provide herein for a
method of caring for the Lots and exteriors of Building and
Common Areas within the project.
- NOW, THEREFORE, Declarant hereby declares that the Lots
described herein shall be held, conveyed, encumbered, hypothe-
cated, leased, rented, used, occupied and improved subject to
- the following uniform covenants, conditions, restrictions,
limitations, reservations, grants of easement, rights, rights-
of-way, liens, charges and equitable servitudes, all of which
,
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are hereby declared, established, expressed and agreed: (1 ) to
be for the benefit and protection of the Project, its
_ desirability, value and attractiveness; (2 ) to be for the bene-
fit of the Owners and mortgagees of the Lots in the Property;
( 3) to run with the land and be binding upon all parties having
- or acquiring any right, title or interest in the Property or
� any part thereof; (4) to inure to the benefit of every portion
of the Project and any interest therein; and ( 5 ) to inure to be
the benefit of and be binding upon each successor and assignee
of interest of each owner and of Declarant.
Any conveyance, transfer, sale, assignment, lease or sub-
lease of a Lot in the Project, shall anc� hereby is deemed to
incorporate by reference all provisions of this Declaration.
The provisions of this Declaration shall be enforceable by Dec-
larant, any Lot Owner, the Association, and any first mortgagee
of any Lot .
�''
� ARTICLE 1
lly
C:?
� INTERPRETATION
r-1
N1 .1 Liberal Construction
1,(�
� The provision of this Declaration shall be liberally
construed to effectuate its purpose of creating a uniform plan
for the operation and maintenance of the Project.
1 . 2 Covenant Running With Land
It is intended that this Declaration shall k�e opera-
tive as a set of covenants running with the land, or equitable
servitudes, binding on Declarant, its successors and assigns,
all subsequent owners of the property, together with their
grantees, successors, heirs, executors, administrators, devises
or assi�ns .
1 . 3 Declarant is Original Owner
Declarant is the original Owner of all Lots and Prop-
erty and will continue to be deemed the Owner thereof except as
conveyances or documents changing such ownership regarding
specifically described Lots are filed of record .
1 .4 Captions
Captions given to the various Articles and Sections
herein are for convenience only and are not intended to modify
or affect the meaning of any of the substantive provisions
hereof.
2
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o �
1 . 5 Definitions
1 .5 .1 "Association" shall mean the association of
Lot Owners provided for in Article 5 and its successors and
assigns.
1 .5 .2 "Board" shall mean the Board of Directors of
the Association provided for in Article 6.
1 .5 . 3 "Building" shall mean any residential struc-
ture built upon a Lot, including but not limited to a "Residen-
� tial Unit" or "Townhouse. "
' 1 .5 .4 "Common Area" shall mean all real property
( including the improvements thereto) owned by the Association
�. for the common use and enjoyment of the Owners and shall in-
� clude all of the property described in Exhibit A and shown on
� Exhibit B less each of the Lots shown on Exhibit B. More spe-
�j cifically, the Common Area shall include, without limitation,
� open space, all private roads and an R.V. storage area. The
� Common Area to be owned by the Association is shown on
Uy Exhibit B and described in Article 2 hereof.
�
1 .5 .5 "Declarant" shall mean the undersigned (being
the sole Owner(s) , of the real property described in said
Exhibit A hereof) and its successors and assigns if such
successors or assigns should acquire more than one undeveloped
� Lot from the Declarant for the purpose of development.
1 .5.6 "Declaration" shall mean this declaration and
- any amendments thereto.
1 .5.7 "Lot" shall mean and refer to any plot of land
shown upon any recorded subdivision or planned unit development
map of the Property with the exception of the Common Area.
Ownership of a Lot shall include ownership of the Townhouse or
Residential Unit and ara e now or hereafter constructed on
g 9
' such Lot with the exception of ownership of a Multiple
Residential Unit Lot described by Article 3.
1 .5 .8 "Mortgage" shall mean a recorded mortgage or
deed of trust that creates a lien against a Lot and shall also
mean a real estate contract for the sale of a Lot.
1 .5 .9 "Mortgagee" shall mean the beneficial owner,
or the designee of the beneficial owner, of an encumbrance on a
Lot created by mortgage or deed of trust and shall also mean
the vendor, or the designee of a vendor, of a real estate con-
- tract for the sale of a Lot. A mortgagee of the Project and a
mortgagee of a Lot are included within the definition of
mortgagee.
3
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� � � , � � �
1 .5 . 10 "Mortgage Foreclosure" shall include a deed of
trust sale, a deed given in lieu of such foreclosure or sale
and a forfeiture of a real estate contract.
1 .5. 11 "Mortgagee of a Lot" shall mean the holder of
_ a mortgage on a Lot, which mortgage was recorded simultaneous
with or after the recordation of this Declaration. Unless the
context requires otherwise, the term "mortgagee of a Lot" shall
also be deemed to include the mortgagee of the Project.
1 .5. 12 "Mortgagee of the Project" shall mean the
holder of a mortgage on the real property which this
Declaration affects, which mortgage was recorded prior to the
recordation of this Declaration. The term "mortgagee of the
� Project" does not include mortgagees of the individual
�� Residential Units.
t'?
�n 1 .5. 13 "Owner" shall mean and refer to the record
� owner, whether one or more persons or entities, of a fee simple
�
�.> title to any Lot which is a part of the Property, and shall
� include any person of record holding a vendee' s interest under
a real estate contract for the sale of a Lot. Any person or
entity having such an interest merely as security for the
performance of an obligation shall not be considered an owner.
1 .5. 14 "Person" shall include natural persons,
partnerships, corporations, associations and personal
- representatives.
1 .5. 15 "Property" or "Premises" shall mean the real
- estate described in Exhibit A and al.l buildings, improvements,
and structures thereon, including such additions thereto as may
hereafter be brought within the justification of the
association.
1 .5 . 16 "Residential Unit" or "Townhouse" shall mean
that structure or part thereof designed and intended for use
and occupancy as a residence by a single family.
1 .5. 17 "Tract Map" shall mean that diagram attached
hereto as Exhibit B which depicts the lay-out of the Lots on
the Property.
1 .6 Percentage of Mortgagees
For purposes of determining the �ercentage of first
mortgagees approving a proposed decision or course of action in
cases where a mortgagee holds first mortgages on more than one
- Residential Unit, such mortgagee shall be deemed a separate
mortgagee for each such first mortgage so held.
4
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+ i
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1. 7 Inflationary Increase in Dollar Limits
The dollar amounts specified in Articles 5, 11, 17
and 19 may, in the discretion of the Board, be increase3 pro-
portionately by the increase in the consumer price index for
_ the City of Seattle, Washington for Al1 Urban Consumers, pre-
pared by the United States Department of Labor for the base
period, January 1, 1978, to adjust for any inflation in the
value of the dollar .
ARTICLE 2
� OWNERSHIP OF COMMON AREAS
�
� The Common Areas within the property described in
..�
. � Exhibit B, including private roadways, are hereby conveyed to
Pi the Association. The property so conveyed is more particularly
� described and shown as the entire parcel, less all individual
�j Lots, on the plat of FALCON RIDGE RESIDENTIAL PARK, which plat
� was recorded on December 18, 1984, at Volume 129 of Plats,
page( s) 51 to 57, Auditor ' s File No. 8412180849, records of
King County. The Common Areas shall for all purposes be under
the control , management and administration of the developer
during the development period as determined in Article 5. 2, and
under the control, management and administration of the Asso-
ciation after the development period.
ARTICLE 3
MULTIPLE RESIDENTIAL UNIT LOTS
3 .1 Designated Multiple Residential Unit Lots
Every Lot with the exception of Lots 6, 7, 16, and 81
shall contain no more than one Residential Unit.
3 .2 Multiple Unit Structures
Structures built upon Lots 6, 7, 16, and 81 may con-
tain more than one but not more than three Residential Units
which shall '�e condominium apartments .
3 .3 Ownership of Multiple Residential Unit Lots
Actual ownership interests of Multiple Residential
Unit Lots and appurtenances thereto including but not limited
- to garages now or hereafter constructed on such Lot, shall be
divided among the owners of the Residential Units upon said
Lots in accordance with the Horizontal Property Regimes Act
- (RCW 64. 32 et seq. ) .
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3.4 Moratorium on Multiple Residential Unit Lots
It is hereby agreed that each lot with the exception
of Lots 6, 7, 16, and 81 shall never contain more than one
Residential Unit.
3 .5 Purposes for Which Owner of Residential Unit Shall be
Deemed Owner of Lot
For the purposes of this Declaration, owners of
Residential Units now or hereafter constructed on Multiple
� Residential Unit Lots shall be deemed to have the same rights
and obligations as owners of Lots as defined by Article 1,
r� Provision 1 . 5.7, such that the words "Lot" and "Owner" shall be
� read to mean "Residential Unit" and "Residential Unit Owner" ,
� respectively, when consistent with the objective of this
� provision.
L�
�
ARTICLE 4
� PROPERTY RIGHTS
4. 1 Owners' Easernents of Enjoyment
Every Owner shall have a non-exclusive right and
easement, in common with all Owners, of enjoyment in and to the
� Common Area which shall be appurtenant to and shall pass with
the title to every Lot, subject to the following provisions:
� (a) tne right of the Association to charge reason-
able admission and other fees for the use of any recreational
facility situated upon the Common Area;
(b) the right of the Association to suspend the vot-
ing rights and right to use of the recreational facilities by
an Owner for any period during which any assessment against his
Lot remains unpaid; and for a period not to exceed sixty (60)
days for any infraction of its published rules and regulations;
(c) the right of the Association to dedicate or
transfer all or any part of the Common Area, including ease-
ments across said properties, to any public agency, authority,
or utility for such purposes and subject to such conditions as
may be agreed to by the members of the Association. No such
dedication or transfer shall be effective unless an instrument
agreeing to such dedication or transfer signed by two-thirds of
the Owners has been recorded and the provisions of Article 11
- hereof have been observed;
(d) the right of individual Owners to the use of
� parking spaces as provided in Article 4. 3.
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4.2 Delegation of Use
Any Owner may delegate, in accordance with the By-
Laws, his right of enjoyment to the Common Area and facilities
to the members of his family, his tenants, or contract pur-
_ chasers who reside on the Property.
4.3 Parking Rights
Ownership of each Lot shall entitle the Owner or
Owners thereof to use in common with other Owners all parking
spaces within the Common Area. Temporary space assignments may
r,. be made from time to time by Declarant or the Board, if deemed
� appropriate by the Board under the circumstances. This parking
� shall be in addition to the garage located on each Lot. Each
1j Owner and his guests shall also be entitled to use on a
R-1 periodic basis any and all remaining parking spaces located
� within the Common Area, subject to such rules as the
L� Association may promulgate from time to time. Parking spaces
tYJ are restricted to use for parking of operative automobiles .
Other items, equipment or vehicles may be parked or kept there-
in only subject to the rules and regulations of the Board. The
Board shall require removal of any inoperative, unsightly or
'�" improperly licensed vehicle or other equipment at the expense
of the Owner thereof.
- ARTICLE 5
' OWNER' S ASSOCIATION
5 . 1 Establishment
There is hereby created an association to be called
FALCON RIDGE RESIDENTIAL PARK ASSOCIATION (referred to herein-
after as the "Association" ) .
5 . 2 Form of Association
The Association shall be a nonprofit corporation
formed and operated pursuant to Title 24, Revised Code of
Washington.
5 .3 Membership
5 . 3. 1 Qualification. Each Owner of a Lot in the
Project ( including Declarant shall be a member of the Associa-
tion and shall be entitled to one membership for each Lot so
_ owned; provided, that if a Lot has been sold on contract, the
contract purchaser shall exercise the rights of the Owner for
purposes of the Association, this Declaration and the Bylaws,
- except as hereinafter limited, and shall be the voting
representative unless otherwise specified. Ownership of a Lot
7
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� •
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shall be the sole gualification for meanbership in the
Association.
5 .3.2 Transfer of Membership. The Association mem-
bership of each Owner including Declarant) shall be appur-
_ tenant to the Lot giving rise to such membership, and shall not
be assigned, transferred, pledged, hypothecated, conveyed or
alienated in any way except upon the transfer of title to said
Lot and then only to the transferee of title to such Lot. Any
attempt to make a prohibited transfer shall be void . Any
transfer of title to a Lot shall operate automatically to
transfer the membership in the Association appurtenant thereto
to the new Owner thereof.
� 5 .4 Voting
� 5 .4. 1 The Association shall have two classes of vot-
C1�
tl� ing membership:
�
� Class A. Class A members shall be all Owners, with
ti
�2 the exception of the Declarant, and shall be entitled to one
� vote for each Lot owned.
�
Class B. The Class B member( s) shall be the Declar-
ant and shall be entitled to three (3 ) votes for each Lot
owned. The Class B membership shall cease and be converted to
Class A membership on the happening of either of the following
- events, whichever occurs earlier:
(a) when the total votes outstanding in the
Class A membership equal the total votes outstanding in the
Class B membership, or
(b) the date when Declarant' s management
powers terminate, as provided in Section 6. 2.
In determining whether any given proposition shall
have been approved by the membership, the total number of
Class A and Class B votes shall be combined and the appropriate
percentage applied against that combined number.
5 .4.2 Number of Votes. Except as provided above and
subject to the provisions of Article 3, the total voting powe�
of all Owners shall equal the number of Lots at any given time.
The total number of votes available to Owners of any one Lot
shall be one vote.
5 .4.3 Voting Owner. There shall be one (1 ) voting
. representative of each Lot. Declarant shall be considered an
"Owner" as that term is used herein, and shall be the voting
representative, with respect to any Lot or Lots owned 'r�y
- Declarant. If a person (including Declarant) owns more than
one Lot, he shall have the votes for each Lot owned. The
8
� � ' , . � �
voting representative shall be designated by the Owner or
Owners of each Lot by written notice to the Board ( see
_ Article 6) , and need not be an Owner. The designation shall be
revocable at any time by actual notice to the Board from a
party having an ownership interest in a Lot, or by actual
_ notice to the Board of the death or judicially declared incom-
petence of any party with an ownership interest in the Lot.
This power of designation and revocation may be exercised by
the guardian of a Lot Owner and the administrators or executors
of an Owner' s estate. Where no designation is made, or where a
designation has been made but is revoked and no new designation
has been made, the voting representative of each Lot shall be
the group composed of all of its Owners.
�
� 5 .4.4 Joint Owner Disputes. The vote for any Lot
,� must be cast as a single vote, and fractional votes shall not
� be allowed. In the event that joint Owners are unable to agree
� among themselves as to how their vote or votes shall be cast,
.� they shall lose their right to vote on the matter in question.
� In the event more than one vote is cast for a particular Lot
GO none of said votes shall be counted and said votes shall be
deemed void.
' 5 .4.5 Pledged Votes. If an Owner is in default un-
der a first mortgage on the Lot for ninety (90) consecutive
� days or more, the Mortgagee thereof shall automatically be
authorized to declare at any time thereafter that the Lot Owner ,
- has pledged his or her vote on all issues to the Mortgagee dur- I
ing the continuance of the default. If the Board has been not- �
� ified of any such pledge to a Mortgagee, or in the event the
record Owner or Owners have otherwise pledged their vote re-
garding special matters to a Mortgagee under a duly recorded
Mortgage or to the vendor under a duly recorded real estate
contract, only the vote of such Mortgagee or vendor will be
recognized in regard to the special matters upon which the vote
is so pledged. Amendments to this subsection shall only be ef-
fective upon the written consent of all the voting Owners and
their respective Mortgagees and vendors, if any.
5 .5 Meetings, Audits, Notices of Meetings
5 .5.1 Annual Meetings, Audits. The organizational
meeting of the Association shall be held not later than two (2)
months after the date of the termination of management by
Declarant as provided in Section 6.2. There shall be an annual
meeting of the Owners on the same day of the month each year
thereafter, at such reasonable place and time as may be desig-
nated by written notice of the Board delivered to the Owners no
- less than ten (10) days prior to the date fixed for said
meetin3. At the annual meeting, there shall be presented an
audit of the common expenses, and the allocation thereof to
- each Owner, itemizing receipts and disbursements for the pre-
ceding fiscal year, and there shall also be presented the
9
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is D claration and ma contain su lementar not incon-
th e , y pp y,
sistent, provisions regarding the operation of the Development
and administration of the Property.
ARTICLE 6
MANAGEMENT OF THE ASSOCIATION
6.1 Administration of the Development
The Owners covenant and agree that the administration
� of the development shall be in accordance with the provisions
� of this Declaration and the Bylaws of the Association which are
� made a part hereof.
�
� 6 .2 Management by Declarant
V
� During the development period, which shall extend
from the date hereof until a date two years from the date of
the first conveyance of the first Lot, or a date not more than
one hundred twenty (120) days from the date of which Declarant
shall have closed the sales of seventy-five percent (75�) of
the Lots, or the date on which Declarant elects to permanently
relinguish all of its authority under this Section 6. 2 by writ-
ten notice to all Owners, whichever date first occurs, the
Property shall be managed and the Association organized as
- follows, in the exercise of the sole discretion of the
Declarant:
" 6 .2. 1 So long as no temporary board is then entitled
to exercise management authority under Section 6.2.2, Dec-
larant, or a managing agent selected by Declarant, shall have
the power and authority to exercise all the rights, duties and
functions of the Board, including but not limited to I
enacting reasonable administrative rules, contracting for re- �
quired services, property and insurance, and collecting and ex-
pending all assessments and Association funds. The Declarant,
or any such managing agent, shall have the exclusive right to
contract for all goods and services, payment for which is to be
made from any common or maintenance funds .
6 .2.2 Declarant may at such times as Declarant deems
appropriate select a temporary board of adequate size to handle
the affairs of the Association, comprised of persons who own or
are purchasers of Lots, or are officers of corporations,
trusts, partnerships or other entities owning or purchasing
such Lots. This temporary board shall have the full authority
_ and all rights, responsibilities, privileges and duties to man-
age the Premises under this Declaration and Bylaws, and shall
11
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� ' ' , . � .
be subject to all provisions of the Declaration and Bylaws;
provided, that, after selecting any such temporary board, Dec-
_ larant in the exercise of its sole discretion may at any time
terminate such temporary board, and reassume its management
authority under Section 6. 2. 1 or select a new temporary board
under this Section 6.2.2.
6 . 2. 3 These requirements and covenants are made in
order to assure that the Premises will be adequately
administered in the initial phases of development, and to
assure an orderly transition to Association operations.
6 .3 Management by Elected Board of Directors
�
� At the expiration of Declarant' s management authority
� under Section 6. 2, administrative power and authority shall
Ca
tl� vest in a Board of Directors elected from among the Lot Owners .
� The number of directors shall be specified in the Bylaws and
� shall be sufficient to adequately handle the affairs of the
ln Association. The Board may delegate all or any portion of its
�� administrative duties to a manager, managing agent, or officer
of the Association or in such manner as may be provided in the
Bylaws. All Board positions shall be open for election at said
organizational meeting. The Board shall elect from among its
'� members, a president who shall preside over meetings of the
Board and the meetings of the Association.
- 6 .4 Authority and Duties of the Board
6.4.1 The Board (or the Declarant or Declarant' s
" managing agent as provided in Section 6. 2 hereof) , for the
benefit of the Project and the Owners, shall enforce the pro-
visions of this Declaration and the Bylaws, shall have all
powers and authority permitted to the Board under this Declara-
tion, and shall acquire and shall pay for out of the common
expense fund hereinafter provided for, all goods and services
requisite for the proper functioning of the Project, including
but not limited to the following:
(a) Water, sewer, garbage collection, elec-
trical, telephone, gas and any other necessary utility service,
including utility easements, as required for the Common Area.
If one or more Lots or the Common Areas are not separately
metered, the utility service may be paid as a common expense,
and the Board may by reasonable formula allocate a portion of
such expense to each such Lots involved as a portion of its
common expense.
_ (b) Policies of insurance or bonds providing
coverage for fire and other hazard, liability for personal in-
jury and property damage, and for fidelity of Association
- officers and other employees, as the same are more fully
required hereafter and in the Bylaws.
12
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(c) The services of persons or firms as re-
quired to properly manage the affairs of the development to the
extent deemed advisable by the Board as well as such other
personnel as the Board shall determine are necessary or proper
for the operation of the Common Area, whether such personnel as
the Board shall determine are necessary or proper for the
operation of the Common Area, and whether such personnel are
employed directly by the Board or are furnished by the manager
or management firm or agent.
(d) Legal and accounting services necessary or
prop�r in the operation of the Association affairs, adminis-
� tration of the Common Area, or the enforcement of this
Qj Declaration.
�
�
� (e) Painting, maintenance, repair and all land-
,� scaping and gardening work for the Common Area, and such fur-
� nishings and equipment for the Coanmon Area as the Board shall
�7 determine are necessary ana proper, and the Board shall have
Gp the exclusive right an3 duty to acquire the same for the Common
Area.
( f) Any other materials, supplies, labor, ser-
�� vices, maintenance, repairs, structural alterations, insurance,
taxes or assessments which the Board is required to secure by
law, or which in its opinion shall be necessary or proper for
the operation of the Common Area or for the enforcement of this
Declaration; provided that if for any reason such materials,
supplies, labor, services, maintenance, repairs, structural
alterations, insurance, taxes, or assessments are provided for
particular Lots or their Owners, the cost thereof shall be
specially charged to the Owner of such Lots .
(g) Maintenance and repair of any Lots or Unit
and its appurtenances, if such maintenance or repair is reason-
ably necessary in the discretion of the Board to protect the
Common Area or preserve t'ne appearance and value of the
development, and the Owner or Owners of said Lots or Unit have
failed or refused to perform said maintenance or repair within
a reasonable time after written notice of the necessity of said
maintenance or repair has been delivered by the Board to the
Owner or Owners; provided that the Board shall levy a special
charge against the Lot of such Owner or Owners for the cost of
such maintenance or repair.
(h) The Board may also pay any amount necessary
' to discharge any lien or encumbrance levied against the entire
, property or any part thereof which is claimed to or may, in the
opinion of the Board, constitute a lien against the Property or
against the Common Areas, rather than merely against the inter-
est therein or particular Owners. Where one or more Owners are
responsible for the existence of such lien, they shall be
jointly and severally liable for the cost of discharging it,
13
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. � ' , , � a
� ,
and any costs and expenses (including court costs and attorney
fees) incurred by the Board by reason of such lien or liens
shall be specially charged against the Owners and the Lots
responsible to the extent of their responsibility.
_ ( i) The Board' s power hereinabove enumerated
shall be limited in that the Board shall have no authority to
acquire and pay for out of the maintenance fund capital addi-
tions and improvements (other than for purposes of restoring,
repairing or replacing portions of the Common Areas) having a
total cost in excess of Five Thousand Dollars ( $5, 000) , without
first obtaining the affirmative vote of the Owners holding a
majority of the voting power present or represented at a meet-
�' ing called for such purpose, or if no such meeting is held,
� then the written consent of voting Owners having a majority of
�
� the voting power; provided that any expenditure or contract for
� each capital additions or improvements in excess of Twenty-five
~ Thousand Dollars
� ($25, 000) must be approved by Owners having
v not less than seventy-five percent ( 75�) of the voting power.
ll'
� ( j ) Nothing herein contained shall be construed
to give the Board authority to conduct an active business for
profit on behalf of all of the Owners or any of them.
(k) The Board shall have the exclusive right to
contract for all goods and services, payment of which is to be
made from the maintenance fund. T7ie Board may delegate such
- powers subject to the terms hereof.
(1) The Board may, from common funds of the
- Association, acquire and hold in the name of the Association,
for the benefit of the Owners, tangible and intangible personal
property and interests therein, and may dispose of the same by
sale or othewise; and the beneficial interest in such Property
shall be owned by the Association and such Property shall
thereafter be held, sold, leased, rented, mortgaged or other-
wise dealt with for the benefit of the common fund of the
Association as the Board may direct. The Board shall not,
however, in any case acquire by lease or purchase real or per-
sonal property valued in excess of Five Thousand Dollars
( $5,000) except upon a majority vote of the Owners, or valued
in excess of Twenty-Five Thousand Dollars ( $25, 000) except upon
a seventy-five percent (75�) affirmative vote of the Owners, in
the manner specified in Subsection 6.4.1 ( i) .
(m) The Board and its agents or employees, may
enter any Lot when necessary in connection with any mainten-
ance, landscaping or construction for which the Board is
. responsible or in the event of emergencies. Such entry shall
be made with as little inconvenience to the Owners as practic-
able, and any damage caused thereby shall be repaired by the
- Board out of the common expense fund if the entry was due to an
emergency or for the purpose of maintenance or repairs to
14
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. �
common areas where the repairs were undertaken by or under the
direction or authority of the Board except: If the repairs or
_ maintenance were necessitated by or for the Lot entered or its
Owners, or requested by its Owners, the costs thereof shall be
specially charged to such Lot.
(n) Each Owner, by the mere act of becoming an
Owner or contract purchaser of a Lot, shall irrevocably appoint
the Association as his attorney-in-fact, with full power of
substitution, to take such action as reasonably necessary to
promptly perform the duties of the Association and Board here-
under, including but not limited to the duties to maintain,
� repair and improve the Property, to deal with the Property upon
� 3amage or destruction, and to secure insurance proceeds.
�
� 6 .4. 2 In the discharge of its duties and the exer-
� cise of its powers as set forth in Section 6.4, but subject to
�2
� the limitations set forth therein, the Board may borrow funds
� on behalf of the Association and to secure the repayment
� thereof encumber, subject to the limitations set forth in this
Declaration, the Common Areas and facilities and Association' s
funds.
6 .5 Board Organization and Operation
6 .5.1 Election of Board of Directors, Cumulative
Voting Feature and Term of Office. The members of the first
" elected Board the first Board elected by the Owners at the or-
ganizational meeting referred to in Section 5.5.1) shall serve
for at least a one (1 ) year term of office; provided, that at
� at all times the voting procedures shall assure that the expir-
ation dates for the term of the initial Board members shall be
staggered.
6.5. 2 Vacancies. Vacancies in the Board caused by
any reason other than the removal of a Board member by a vote
of the Association shall be filled by vote of the majority of
the remaining Board members, even though they may constitute
less than a quorum; and each person so elected shall be a Board
member until a successor is elected at the next annual meeting
of the Association.
6 .5. 3 Removal of Board Members. At any regular
meeting or at any special meeting called for that purpose, any
one (1 ) or more of the Board members may be removed with or
without cause by a majority of all of the Lot Owners, and a
successor may then and there be elected to fill the vacancy
thus created. Any Board member whose removal has been so pro-
- posed by the Owners shall be given an opportunity to be heard
at the meeting. Notwithstanding the above, until the organiza-
tional meeting referred to in Section 5.5 . 1, only Declarant
- shall have the right to remove a Board member.
15
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6.5.4 Organizational Meeting. The first meeting of
a newly elected Board shall be held immediately following the
. annual organizational meeting of the Association, and no notice
shall be necessary to the newly elected Board members in order
legally to constitute such meeting.
6 .5 .5 Regular Meetings . Regular meetings of the
Board may be held at such time and place as shall be deter-
mined, from time to time, by a majority of the Board members,
but at least two (2) such meetings shall be held during each
fiscal year and one (1 ) such meeting shall be held immediately
� following the annual meeting of Owners. Notice of regular
� meetings of the Board shall be given to each Board member,
p personally or by mail, telephone or telegraph, at least ten
� (10) days prior to the day named for such meeting.
H
�-,�j 6 .5.6 Special Meetings. Special meetings of the
� Board may be called by the President on ten (10) days notice to
each Board member, given personally, or by mail, telephone or
telegraph, which notice shall state the time, place (as here-
inabove provided) and purpose of the meeting. Special meetings
of the Board shall be called by the President or Secretary in
like manner and on like notice on the written request of at
least two (2) Board members.
6 .5.7 Waiver of Notice. Before, at or after any
meeting of the Board, any Board member may, in writing, waive
- notice of such meeting and such waiver shall be deemed
equivalent to the giving of such notice. Attendance by a Board
_ member at any meeting of the Board shall be a waiver of notice
by him of the time and place thereof. If all the Board members
are present at any meeting of the Board, no notice shall be re-
quired and any business may be transacted at such meeting.
6 .5.8 Quorum. At all meetings of the Board, a
majority thereof shall constitute a quorum for the transaction
of business, and the acts of the majority of the Board members
present at a meeting at which quorum is present shall be the
acts of the Board. If, at any meeting of the Board, there be
less than a quorum present, the majority of those present may
adjourn the meeting from time to time. An adjournment for lack
of a quorum shall be to a date not more than thirty (30) days
from the original meeting date. At any such rescheduled
meeting, any business which might have been transacted at the
meeting as originally called may be transacted without further
notice.
6.5.9 Fidelity Bonds. The Board may require that
- all officers and employees of the Association handling or re-
sponsible for Association funds shall furnish adequate fidelity
bonds. The premiums on such bonds shall be paid by the Asso-
- ciation.
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ARTICLE 7
LIMITATION OF LIABILITY
7 .1 Liability for Utility Failure, etc .
Except to the extent covered by insurance obtained by
the Board pursuant to Article 18, neither the Association nor
the Board (or the Declarant or Declarant' s managing agent exer-
cising the powers of the Board) shall be liable for: any fail-
ure of any utility or other service to be obtained and paid for
by the Board; or for injury or damage to person or property
caused 'r�y the elements, or resulting from electricity, water,
� rain, dust or sand which may lead or flow from outside or from
� any parts of the buildings, or from any of its pipes, drains,
9 conduits, appliances, or equipment, or from any other place; or
� for inconvenience or discomfort resulting from any action taken
� to comply with any law, ordinance or orders of a governmental
C�2 authority. No diminution or abatement of common expense
�n assessments shall be claimed or allowed for any such utility or
� service failure, or for such injury or damage, or for such in-
convenience or discomfort.
7 .2 No Personal Liability
So long as a Board member, or Association committee
member, or Association officer, or Declarant or Declarant' s
- managing agent exercising the powers of the Board, has acted in
good faith, without willful or intentional misconduct, upon the
basis of such information as may be possessed by such person,
then no such person shall be personally liable to any Owner, or
to any other party, including the Association, for any damage,
loss or prejudice suffered or claimed on account of any act,
omission, error or negligence of such person; provided, that
this section shall not apply where the consequences of such
act, omission, error or negligence are covered by insurance
obtained by the Board pursuant to Article 17.
7 . 3 Indemnification of Board Members.
Each Board member or Association committee member, or
Association Officer, or Declarant or Declarant' s managing agent
exercising the powers of the Board, shall be indemnified by the
Owners against all expenses and liabilities, including attor-
ney' s fees, reasonably incurred by or imposed in connection
with any proceeding to which he may be a party, or in which he
may become involved, by reason of being or having held such
position at the time such expenses or liabilities are incurred,
_ except in such cases wherein such person is adjudged guilty of
willful misfeasance or malfeasance in the performance of his
duties; provided, that, in the event of a settlement, the
indemnification shall apply only when the Board approves such
17
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f 0
settlement and reimbursement as being for the best interests of
the Association.
7.4 Indemnification of City of Renton
_ The FALCON RIDGE RESIDENTIAL PARK ASSOCIATION, INC. ,
shall , during the term of the franchise granted pursuant to
Renton Ordinance No . 3554 set forth as Exhibit C, indemnify and
hold harmless the City of Renton from any and all liability of
whatever kind or nature arising from or in connection with the
construction, maintenance, usage or day to day operation of the
� private roadway described in Exhibit C, including any injury to
�j persons or property, except where such liability or injury
� arises as the sole and proximate result of the negligence of
� the City of Renton or of its agents or eznployees.
t-i
�
`'� ARTICLE 8
�
�
OBLIGATIONS OF OWNERS
8. 1 In General
Each Owner shall always endeavor to cooperate for the
accomplishment of the purposes for which the Project was built
and each Owner shall comply strictly with all provisions of the
Declaration.
8. 2 Specific Duties
� Each Owner shall maintain his or her Lot, including
both the interior and the exterior of the Residential Unit.
Each Owner shall also maintain all other improvements of the
Lot, including the yard, if any, in a good clean, attractive
and sanitar condition. In the event that an owner fails to
Y
maintain the exterior of the Residential Unit or any other
, improvement on the Lot, the Board may, after giving the Owner
30 days notice, enter the lot, repair and maintain the Unit or
Lot and the cost of such maintenance or repair shall be added
to and become part of the assessment the lot is subject to .
8. 3 Restrictions on Storage.
No Owner shall himself store or allow any tenant to
store any trailers, boats, motor homes, recreational vehicles
or any disabled or inoperable motor vehicles on the premises
for more than forty-eight (48) consecutive hours. Violations
thereof shall subject such vehicles to public impound, all at
_ the expense of the Owner thereof.
18
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ARTICLE 9
OBLIGATION OF THE ASSOCIATION
9 .1 Duties of Association
Th e Association, through its Board of Directors,
shall have the following duties:
(a) To collect and administer the Association as-
sessments and expenditures and to carry out the Property
maintenance obligations of the Association and to employ a pro-
� fessional management firm to do so.
0�
►n (b) Pursuant to a franchise agreement with the City
� of Renton, wh ich agreement is attached hereto as Exhibit C and
� incorporated herein by this reference, the Association shall be
� responsible for all costs of all maintenance of the access
� street identified on Exhibit C and shall maintain the said
G� street in a good state of repair in compliance with all the
applicable ordinances, rules and regulations.
Th e Homeowner' s Association shall keep and protect
and save the City of Renton and its employees, from and against
any liabilities, loss, cost, damage, whether personal or prop-
erty or expense of any type of nature which may accrue to the
City by reason of construction, maintenance, repair or alter-
- ation of the Street by the Association.
(c) To require that the exterior surfaces of all
- Residential Units and all portions of the Common Area, in a
good, clean, attractive and sanitary condition. The
Association shall be empowered, upon thirty days written
notice to any Owner, to enter any Lot and maintain or repair
the improvements or yard thereof where such have not been
adequately maintained by the Owner as required in Section 8. 2.
In the event the need for maintenance or repair of a Lot,
Residential Unit or other improvement is caused through neglect
or through willful or negligent acts of its Owner or through
the willful or negligent acts of the family guests or invitees
of the Owner of the Lot or Unit needing such maintenance or
repair, the cost of such maintenance shall be added to and
b ecome part of the assessment which the Lot is subject.
(d) To enforce the applicable provisions of the Dec-
laration for the management and control of the Project.
(e) To contract for materials and/or services to
_ carry out its responsiblities provided herein.
( f) To enter, after giving at least one day' s notice
- to the Owner except where different notice is required by this
� Declaration, u on an rivatel owned Lot or Building where
P Y P Y
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necessary in connection with its duties hereunder. No notice
shall be required if entrance is necessary in order to protect
the property from immediate damage or destruction.
(g) To prepare or cause to be prepared, a balance
_ sheet and an operating (income) statement for the Association,
copies of which shall be distributed to each of the Owners as
follows: (1 ) a balance sheet as of an accounting date which is
the last day of the month closest in time to six (6) months
from the date of closing of the first sale of a Lot in the Pro-
ject which shall be distributed within thirty (30) days of the
accounting date; and (2) an operating statement for the period
� from the date of the first closing to the said accounting date,
�j , which shall be distributed within thirty (30) days after the
� accounting date. This operating statement shall include a
� schedule of assessments received and receivable, identified by
,r,.� the number of the Lot and the name of the Owner so assessed;
�
t�2 ( 3) a balance sheet as of the last day of the Association s
`-� fiscal ear and an o eratin statement for said fiscal ear,
� Y P 9 Y
� which shall be distribute3 within ninety (90) days after the
close of the fiscal year. An external audit shall be prepaid
annually by an independent public accountant with ninety (90)
days following the end of each fiscal year.
(h) To establish and collect regular monthly assess-
ments to defray expenses attributable to carrying out its
duties hereunder and to maintain an adequate reserve fund for
� the maintenance, repair and replacement of those portions of
the Common Areas or facilities which must be maintained, re-
paired or replaced on a periodic basis, which reserve shall be
- funded by the above monthly assessments .
( i) To contract for trash collection, water and
electrical service for the Lots on terms as set forth by the
Board or appropriate Government agencies.
( j ) Any professional management body selected by
Declarant or by the initial Board prior to the organizational
meeting shall be employed to manage only until the first annual
Owners' meeting, at which time the continuance of the same or
the selection of another body or agent shall be determined by
majority vote of the Owners. Subject to the provisions of
Article 11 hereof, neither Declarant nor its agent nor the
Board shall enter into any such contract which binds the
Association for a period in excess of one year.
9.2 Power of Association
_ In addition to the duties of the Association, as
specified herein, and the powers of the Association stated
elsewhere in this Declaration, the Association, acting through
- its Board, shall have the power to do all other things which
may be deemed reasonably necessary to carry out its duties and
20
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the purposes of this Declaration including, but not limited to,
obtaining of appropriate insurance and bonds, and the adoption
_ of additional bylaws and rules and regulations governing the
Association and Owners. In the event of conflict between this
Declaration and any such additional bylaws or rules and regula-
_ tions, the provisions of this Declaration shall prevail .
ARTICLE 10
� COMMON EXPENSES AND ASSESSMENTS
�
�
c� 10.1 Creation of the Lien and Personal Obligation of
� Assessments
�2
� The Declarant, for each Lot owned within the Proper-
�� ties, hereby covenants, and each Owner of any Lot by acceptance
� of a deed therefor, whether or not it shall be so expressed in
such deed, is deemed to covenant and agree to pay to the Asso-
ciation: (1 ) annual assessments or charges, and (2) special
assessments for capital improvements such assessments to be
established and collected as hereinafter provided. The annual
and special assessments, together with interest, costs, and
reasonable attorney' s fees, shall be a charge on the land and
shall be a continuing lien upon the property against which each
such assessment is made. Each such assessment, together with
interest, costs, and reasonable attorney' s fees, shall also be
� the personal obligation of the person who was the Owner of such
property at the time when the assessment fell due. The per-
sonal obligation for delinquent assessments shall not pass to
his successors in title unless expressly assumed by them.
10.2 Purpose of Assessments
The assessments levied by the Association shall be
used exclusively to promote the recreation, health, safety, and
welfare of the residents in the Properties and for the improve-
ment and maintenance of the Common Area including the private
' roadway and adjacent landscaping more particularly described in
Article 10.27 below.
10.3 Maximum Annual Assessment
Until January 1 of the year immediately following the
conveyance of the first Lot to an Owner or until the commence-
ment of the next fiscal year as Declarant may determine, the
maximum annual assessment shall be Twenty Dollars ( $20.00) per
Lot.
10.4 Estimated Expenses
- Within sixty (60) days prior to the beginning of each
calendar year or such other fiscal year as the Board may adopt,
21
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the Board: shall estimate the charges including common ex-
penses and any special charges for particular Lots to be paid
during such year; shall make provision for creating, finding
� and maintaining reasonable reserves for contingencies and
operations, as well as for maintenance, repair, replacement,
and acquisition of Common Areas and Facilities; and shall take
into account any expected income and any surplus available from
the prior year' s operating fund. Without limiting the general-
ity of the foregoing but in furtherance thereof, the Board
� shall create and maintain from regular monthly assessments a
C� reserve fund for replacement of those Common Areas or elements
� which can reasonably be expected to require replacement prior
�j to the end of the useful life of the Unit. The Board shall
4-1 calculate the contributions to said reserve fund so that there
� are sufficient funds therein to replace each Common Area or
nelement covered by the fund at the end of the estimated useful
CO life of each such Common Area. The Declarant or initial Board
may at any suitable time establish the first such estimate. If
the sum estimated and budgeted at any time proves inadequate
for any reason (including nonpayment for any reason of any
Owner' s assessment) , the Board may at any time levy a special
assessment, which shall be assessed to the Owners in like pro-
portions. However, on any proposed special assessment in any
fiscal year, the Board may not, without the vote or written
assent of a majority of the members, other than Declaration,
levy special assessments to defray the costs of any action or
undertaking on behalf of the Association which in the aggregate
� exceeds five percent (5�) of the budgeted gross expenses of the
Association for that fiscal year. The provisions herein with
respect to special assessments do not apply in the case where
- the special assessment against a member is a remedy utilized by
the Board to reimburse the Association for costs incurred in
bringing the member and his Building and/or Lot into compliance
with the provisions of this Declaration.
10.5 Increases In Assessments
( a) From and after January 1 of the year immediately
following the conveyance of the first Lot to an Owner or the
commencement of the next fiscal year, the maximum annual as-
sessment may not, without a vote of the membership as provided
below, be increased above the maximum assessment for the pre-
vious year by more than the percentage increase in the Consumer
Price Index published by the United States Department of Labor,
Bureau of Labor Statistics, for the Seattle Metropolitan area,
All Items base year 1967.
(b) From and after January 1 of the year immediately
. following the conveyance of the first Lot to an Owner or the
commencement of the next fiscal year, the maximum annual
assessment may be increased above the amount provided in Sub-
- paragraph (a) above by a vote of two-thirds (2/3 ) of each class
22
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of inembers who are voting in person or by proxy, at a meeting
duly called for this purpose.
(c) The Board of Directors may fix the annual
assessment at an amount not in excess of the maximum.
10.6 Special Assessments for Capital Improvements
In addition to the annual assessments authorized
above, the Association may levy, in any assessment year, a
special assessment applicable to that year only for the purpose
� of defraying, in whole or in part, the cost of any construc-
�� tion, reconstruction, repair or replacement of a capital im-
� provement upon the Common Area, including fixtures and personal
� property related thereto, provided that any such assessment
� shall have the assent of two-thirds (2 3 ) of the votes of each
�„� class of inembers w'no are voting in person or by proxy at a
�� meeting duly called for this purpose.
�
10.7 Notice and Quorum for Any Action Authorized Under
Sections 10.5 and 10.6
Written notice of any meeting called for the purpose
of taking any action authorized under Section 10.5 or 10 .6
shall be sent to all members not less than thirty ( 30) days nor
more than sixty (60) days in advance of the meeting. At the
first such meeting called, the presence of inembers or of
" proxies entitled to cast sixty percent (60�) of all the votes
of each class of inembership shall constitute a quorum. If the
_ required quorum is not present, another meeting may be called
subject to the same notice requirement, and the required quorum
at the subsequent meeting shall be one-half (1/2) of the re-
quired quorum at the preceding meeting. No such subsequent
meeting shall be held more than sixty (60) days following the
preceding meeting.
10.8 Uniform Rate of Assessment
Both annual and special assessments must be fixed at
a uniform rate for all Lots and may be collected on a monthly
basis, except where the special assessment against a member is
a remedy utilized by the Board to reimburse the Association for
costs incurred in bringing the member or his Building and/or
i D laration.
Lot into compliance with the provisions of th s ec
10.9 Date of Commencement of Annual Assessments: Due Dates
The annual assessments provided for herein shall com-
- mence as to all Lots on the first day of the month following
the conveyance of the Common Area. The first annual assessment
shall �be adjusted according to the number of months remaining
- in the calendar year. Written notice of the annual assessment
shall be sent to every Owner subject thereto. The due dates
23
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, � ' , , � ,
shall be established by the Board of Directors. The Associa-
tion shall, upon demand, and for a reasonable charge, furnish a
certificate signed by an officer of the Association setting
forth whether the assessments on a specified Lot have been
paid. A properly executed certificate of the Association as to
_ the status of assessments on a Lot is binding upon the Associa-
tion as of the date of its issuance.
10. 10 Payment by Owners
a bli ated t a his share of
� Each Owner sh 11 be o o p y
9
� common expenses and special charges made pursuant to this
nArticle to the treasurer for the Association in equal monthly
ln installments on or before the first day of each month during
°�"� such year, or in such other reasonable manner as the Board
� shall designate. Assessments for each Lot Owner shall begin on
!1� the date said Owner closes the transaction in which he acquires
� right, title or interest in the Lot. Assessments for the ini-
tial month shall be prorated if closing occurs on other than
the first of the month. Any assessment or charge which remains
unpaid for at least thirty ( 30) days shall bear interest at the
rate of ten percent (10�) from due date until paid. In addi-
tion, the Board may impose a late charge in an amount not
exceeding twenty-five percent (25�) of any unpaid assessment or
charge which has remained delinquent for more than fifteen (15)
days.
- The budget may be reviewed and revised by the member-
ship at any annual meeting, or any special meeting called for
such purpose, but if not so reviewed or if no change is made,
- shall be deemed approved.
10. 11 Accounts
The Board shall require that the Association maintain
a commercial bank account. Each month the Board shall deposit
assessments collected to the account. Al1 such assessments and
charges shall be collected and held in trust for, and admin-
istered and expended for the benefit of, the Owners. The Board
shall have exclusive control of said account and shall be re-
sponsible to the Owners for maintenance of accurate records
thereof at all times. No withdrawal shall be made from said
account except to pay for the charges and expenses for the cozn-
mon benefit of all Owners.
The Board shall require that the Association maintain sep-
arate accounts for current operations, reserves, and a special
separate escrow reserve account for payment of insurance. Each
_ month the Board shall first deposit to the insurance reserve
account that portion of the common expense assessment necessary
to pay at least one-twelfth (1/12th) of the total cost of all
- of the insurance policies provided regarding the development
and such insurance reserve account shall be held separately and
24
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inviolate until utilized for payment of other expenses or de-
posited or credited to other accounts . Al1 such assessments
and charges shall be collected and held in trust for, and
administered and expended for the benefit of, the Owners.
_ 10. 12 Omission of Assessment
The omission by the Board or the Association before
� the expiration of any year to fix the estimate for assessments
� , and charges hereunder for that or the next year, shall not be
�7 deemed a waiver or modification in any respect of the pro-
Ca visions of this Declaration, or a release of the Owner from the
� obligation to pay the assessments and charges, or any install-
� ment thereof for that or any subsequent year; but the assess-
� ment and charge fixed for the preceding year shall continue un-
�� til a new assessment or charge is fixed.
�
10. 13 Records
The Board shall cause to be kept detailed and
accurate records of the receipts and expenditures of the Asso-
ciation, specifying and itemizing the maintenance and repair
expenses and any other expense incurred. Such records and any
resolutions authorizing the payments involved shall be avail-
able for examination by any Owner at convenient hours of week
days.
� 10.14 Declarant Liability
The assessments provided for in this Declaration
shall be imposed on Lots owned by Declarant beginning on the
day the first Lot sale closes on the same basis as imposed on
all other Lots, regardless of whether Declarant-owned Lots are
vacant or have been sold, leased or rented. During such time
as garbage collection charges and any other utility or service
charges are based on the number of occupied Lots any Lots owned
by Declarant and not occupied shall be exempt from assessment
for such charges; this exemption for the Declarant shall be
limited to one (1 ) year from the close of the first sale of a
Lot.
10.15 Lien Indebtedness
In the event any monthly assessment or special charge
attributable to a particular Lot remains delinquent for more
than thirty (30) days, the Board may, upon fifteen (15) days
written notice to the Owner of such Lot, accelerate and demand
immediate payment of all, or such portion as the Board deter-
_ mines, of the monthly assessments and special charges which the
Board reasonably determines will become due during the next
succeeding twelve (12) months with respect to such Lot. Each
- monthly common expense assessment and each special charge shall
be joint and several personal debts and obligations of the
Owner of Lots for which the same are assessed or charged as of
25
� ' ' • , • ,
, , .
the time the assessment or charge is made and shall be collect-
ible as such. The amount of any assessment or charge, whether
_ regular or special, assessed or charged to any Lot and the
Owner or purchaser of any Lot, plus interest at the rate of
twelve percent ( 12$) per annum, and costs, including reasonable
_ attorneys' fees, shall be a lien upon such Lot and the Build-
ings situated thereon upon the recording of a Notice of Assess-
ment in the office where real estate conveyances are recorded
for the county in which this Project is located. The lien for
payment of such assessments and charges shall have priority
� over all other liens and encumbrances, recorded or unrecorded,
p� , except that such priority shall be limited as provided in
lI� Section 11. 1 . Suit to recover a money judgment for unpaid
� assessments or charges shall be maintainable without fore-
� closure or waiving the lien securing the same.
�
� `� 10. 16 Notice of Creation of Assessment Lien
�
G�
The Notice of Assessment shall not be filed of record
, unless and until the Board or a person designated by it, shall
, have delivered to said defaulting Owner, not less than fifteen
( 15) days prior to the recordation of such Notice of Assess-
ment, a written Notice of Default and a demand upon the de-
faulting Owner to cure same within said fifteen (15) day
period .
10.17 Certificate of Assessment
A ce
rtificate executed and acknowled ed b the trza-
9 Y
surer or the president of the Board, or an authorized agent
- thereof, if neither the president nor treasurer is available,
stating the indebtedness for assessments and charges or lack
thereof secured by the assessment lien upon any Lot shall be
conclusive upon the Board and the Owners as to the amount of
such indebtedness on the date of the certificate, in favor of
all persons who rely thereon in good faith. Such a certificate
shall be furnished to any Owner or any encumbrancer of a Lot
within a reasonable time after request, in recordable form, at
a reasonable fee. Unless otherwise prohibited by law, any
encumbrancer holding a lien on a Lot may pay any unpaid
, assessments or charges with respect to such Lot, and, upon such
payment, such encumbrancer shall have a lien on such Lot for
the amounts paid of the same rank as the lien of his
encumbrance.
10. 18 Foreclosure of Assessment Lien; Attorney' s Fees and
Costs
_ The Declarant, Manager, or Board on behalf of the
Association may initiate action to foreclose the lien of any
assessrnent. In any action to foreclose a lien against any Lot
the for nonpayment of delinquent assessments or charges, any
judgment rendered against the Owners of such Lot in favor of
26
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� ,
Association shall include a reasonable sum for attorneys' fees
and all costs and expenses reasonably incurred in preparation
for or in the prosecution of said action, in addition to tax-
able costs permitted by law.
. 10.19 Homestead Waiver
Each Owner does hereby waive to the extent of any
liens created pursuant to this Article, the benefit of any
homestead or exemption law in effect at the time any install- '
�, ment of maintenance charges becomes delinquent or any lien is
Qy imposed pursuant to the terms hereof.
L7
� 10.20 Curing of Default
ln
ri
� Upon the timely payment or other satisfaction of all
� delinquent assessments set forth in the Notice of Assessment
Gp filed and recorded in accordance with this Article, and all
other assessments which have become due and payable with re-
spect to the Lot as to which such Notice of Assessment was
filed and recorded, following the date of such recordation, to-
gether with all costs ( including reasonable attorneys' fees)
and all late charges and interest which have accrued thereon,
the Board shall file and record a satisfaction and release of
the lien created by the Notice of Assessment. A fee of ten
dollars ($10.00) covering the cost of preparation and
recordation shall be paid to the Association prior to such
� action. The satisfaction of the lien created by the Notice of
Assessment shall be executed by any Director of the Association
or by any authorized representative of the Board . For the pur-
poses of this paragraph, the term "costs" shall include costs
and expenses actually incurred or expended by the Association
in connection with the cost of preparation and recordation of
the Notice of Assessment and in efforts to collect the delin-
quent assessments secured r�y the lien and a reasonable sum for
attorney fees.
10. 21 Termination of Utility Service
In addition to, and not by way of limitation upon,
other methods of collecting any assessments, the Board shall
have the right, after having given ten (10) days' notice to any
Lot Owner who is delinquent in paying his assessments or
charges, to cut off any or all utility services to the delin-
quent Owner' s Unit or Lot until such assessments or charges are
paid.
10.22 Remedies Cumulative
The remedies provided are cumulative, and the Board
may pursue them concurrently, as well as any other remedies
- which may be available under law although not expressed herein.
27
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10. 23 Rights of Board - Waiver of Owners
Each Owner hereby vests in and delegates to the Board
or its duly authorized representatives, the right and power to
bring all actions at law, including lien foreclosures, whether
_ judicially or by power of sale or otherwise against any
Owner( s) for the collection of delinquent assessments in accor-
dance herewith and hereby expressly waives any objection to the
enforcement, in accordance with this Declaration, of the obli-
gation to pay assessments as set forth herein.
� 10. 24 Purpose of Assessments
�7
7 The assessments levied by the Association shall be
� used exclusively for the purpose of promoting the recreation,
V health, safety and welfare of the members thereof, their guests
and invitees, and in particular, shall be used for the purpose
� of improving, protecting, operating and maintaining the Pro-
ject, improvements, landscaping and structures located thereon
and providing for the performance by the Board of each and
every of the powers and duties of the Board.
10.25 Assessment Deposit
A Lot Owner may be required, by the Board or by the
managing agent, from time to time, to make and maintain a
deposit not less than two (2 ) months nor in excess of three (3 )
- months estimated monthly assessment and charges, which may be
collected as are other assessments and charges. Such deposit
shall be held in a separate fund, be credited to such Owner,
- and be for the ur ose of establishin a working capital fund
P P J
for the initial Project operations and a reserve for delinquent
assessments. Resort may be had thereto at any time when such
Owner is ten (10) days or more delinquent in paying his monthly
or other assessments and charges, or, to meet unforeseen expen-
ditures or to acquire additional equipment or services deemed
necessary or desirable by the Board, or as a credit against any
regular or special assessments to become due from such Owner
(provided said deposits shall not be considered as advance pay-
ments or regular assessments) . All or any portion of such
deposit may at any time be refunded to the Owner by the
Association in the discretion of the Board, such refund being
made as a cash refund or a credit against assessments subse-
quently to become due or a combination thereof. Notwithstand-
ing the foregoing, it is understood that: Declarant shall col-
lect such deposit at the time of closing from the first pur-
chaser of each Lot, and such deposit shall be maintained at
in f this
least until a date two (2) years from the record g o
Declaration or the date of which the first Board is elected
Article 5 whichever date last occurs. The de osit
�ursuant t� , t
for each unsold Lot shall be paid to the Association within
- sixty (60) days after the date of conveyance of the first Lot
within the Project.
28
• ' ' � , • �
, . � , , � .
, ,
10. 26 Continuing Liability for Assessments
No Owner may exempt himself from liability for his
specified contribution to the maintenance fund by abandonment
of his Lot or the abandonment of the use of any of the Common
_ Area.
10. 27 Assessment for Private R�ad and Landscaping
Maintenance
( a) Access to the Project is across a private road-
way established pursuant to a City of Renton franchise
� (Ordinance #3554) set forth in Exhibit C. This franchise is
� for a period of twenty-five ( 25) years and requires the Owners'
� Association to maintain and repair the private roadway and
� landscaping within the franchise area.
� (b) There shall be included in the Association
� budget a special maintenance fund or funds, the purpose of
which shall be to maintain the private roadway and landscaping.
Each re ular assessment shall include a char e of Two Dollars
g g
( $2.00) per month per unit, with said amount earmarked for the
maintenance of said roadway. The Board shall also include an
additional sum in each regular assessment to cover the cost of
said landscaping maintenance. The amount of said assessment
shall be determined from time to time, but at least annually,
by the Board.
( c) In the event that said franchise agreement is
not renewed at the end of its term, all monies accumulated
within said special funds shall be used by the Board to hire a
private contractor who will upgrade and improve the street.
After such work is completed, the roadway shall be turned over
to the City of Renton.
ARTICLE 11
COMPLIANCE WITH DECLARATION
11. 1 Enforcement
11. 1 . 1 Compliance of Owner. Each Owner shall comply
strictly with the provisions of this Declaration and with the
bylaws and administrative rules and regulations adopted by the
Association as the same may be lawfully amended from time to
time, and with all decisions adopted pursuant to this Declara-
tion and any bylaws and administrative rules and regulations
_ adopted by the Association. Failure to comply shall be grounds
for an action to recover sums due for damages, or injunctive
29
�
� ' ' � . • .
. � • �
, �
relief, or both, maintainable by the Board (acting through its
officers on behalf of the Owners) , or by the aggrieved Owner on
his own against the party (including an Owner or the Associa-
tion) failing to comply.
_ 11 . 1 .2 Compliance of Lessee. Each Owner who shall
rent or lease his Lot shall insure that the lease or rental
agreement shall be in writing and shall provide that said
agreement shall be subject to the terms of this Declaration,
Articles of Incorporation, if any, and Bylaws. Said agreement
shall further provide that any failure of any lessee to comply
� with the provisions of said documents shall be a default under
� the lease.
�
� 11 .2 No Waiver of Strict Performance
.� The failure of the Board in any one or more instances
� to insist upon the strict performance of any of the terms, cov-
� enants, conditions or restrictions of this Declaration, or of
any bylaws, administrative rules or regulations, or to exercise
any right or option contained in such documents, or to serve
any notice or to institute any action, shall not be construed
as a waiver or a relinquishment for the future of such term,
covenant, condition or restriction, but such term, covenant,
condition or restriction shall remain in full force and effect.
The receipt by the Board of any assessment from an Owner, with
knowledge of any such breach shall not be deemed a waiver of
- such breach, and no waiver by the Board of any provision hereof
shall be deemed to have been made unless expressed in writing
and signed by the Board. This section also extends to the Dec-
� larant or Declarant' s managing agent, exercising the powers of
the Board during the initial period of operation of the Asso-
ciation and the Project development.
11 .3 Right of Entry
Violation of any of the provisions, conditions, re-
strictions, covenants, reservations or easements contained
herein, shall give to Declarant, its successors, or the Asso-
ciation, the right to enter upon the Property upon or as to
which such violation exists and to abate and remove, at the ex-
pense of the Owner thereof, any erection, thing or condition
that may be or exists thereon contrary to the intent of the
provisions hereof. Such entry shall be made only after three
( 3) days notice to said Owner and with as little inconvenience
to the Owner as possible, and any damage caused thereby shall
be repaired by the Association. Declarant or its successors
shall not thereby be deemed guilty of any manner of trespass by
_ such entry, abatement or removal .
30
• ' ' • � . .
� � ' , , � ,
� ,
ARTICLE 12
MORTGAGEE PROTECTION
12. 1 Priority of Mortgages
� I
Notwithstanding all other provisions hereof, the
liens created under this Declaration upon any Lot for assess-
ments shall be subject to tax liens on the Lot in favor of any
assessing Unit and/or special district and be subject to the
� rights of the secured party in the case of any indebtedness se-
� . cured by Mortgages which were made in good faith and for value
� upon the Lot . Where such Mortgagee of the Lot, or other pur-
� chaser of a Lot, obtains possession of a Lot as a result of
� Mortgage foreclosure or deed in lieu thereof, such possessor
� and his successors and assigns, shall not be liable for the
�� share of the common expenses or assessments by the Association
q� chargeable to such Lot which become due prior to such posses-
sion, but will be liable for the common expenses and assess-
ments accruing after such possession. Such unpaid share of
common expenses or assessments shall be deemed to be common ex-
penses collectible from all of the Lot Owners including such
possessor, his successor and assigns. For the purpose of this
section, the terms "mortgage" and "mortgagee" shall not mean a
real estate contract (or the vendor, or the designee of a ven-
dor, thereunder) or a mortgage or deed of trust (or mortgage or
beneficiary thereunder) securing a deferred purchase price
' balance owed with respect to a sale by a individual Lot Owner
other than Declarant.
12.2 Effect of Declaration Amendments
No amendment of this Declaration shall be effective
to modify, change, limit or alter the rights expressly con-
ferred upon Mortgagees in this instrument with respect to any
unsatisfied Mortgage duly recorded unless the amendment shall
be consented to in writing by the holder of such mortgage. Any
provision of this Declaration conferring rights upon Mortgagees
which is inconsistent with any other provision of said Dec-
laration shall control over such other inconsistent provisions.
12.3 Right of Lien Holder
A breach of any of the provisions, condition, res-
trictions, covenants, easements or reservations herein
contained, shall not affect or impair the lien or charge of any
bona fide Mortgage made in good faith and for value on any
Lots; provided; however, that any subsequent Owner of the Lot
_ shall be bound by these provisions whether such Owner' s title
was acquired by foreclosure or trustee' s sale or otherwise.
31
♦ � � � [
1 �
12.4 Change in Manager
_ In the event that professional management is employed
by the Association, at least thirty (30) days' notice of any
contemplated change in the professional manager shall be given
_ to any first mortgagee, and the agreement with such profes- �
sional manager (and any agreement for the providing of goods i�
and/or services between the Association and Declarant) shall
permit cancellation by the Association for ,cause upon thirty
�, ( 30) days written notice; permit termination by either party
� , without cause and without penalty or payment of a termination
47 fee on ninety days (90) or less written notice; and have a term
� not in excess of one (1) year, renewable by agreement of the
� parties for successive one-year periods. The Association shall
v not elect to terminate professional management and assume self-
�� management without the prior written approval of seventy-five
� percent (75�) of the Owners and all first mortgagees (based
upon one (1 ) vote for each first mortgage owned) ; provided that
such prior consent shall not be required to change from one
professional manager to another professional manager.
12.5 Abandonment of Planned Unit Development Status
The Association shall not, without prior written ap-
proval of seventy-five percent (75�) of all first mortgagees
(based upon one vote for each first mortgage owned) and Owners
(other than the sponsor, developer or builder) of record of the
' Lots, seek by act or omission to abandon or terminate the
planned Unit development status of the project, or without
seventy-five percent (75$) of all first mortgagees (based upon
one (1 ) vote for each first mortgage owned) and Owners (other
than the sponsor, developer or builder) of record, seek by act
or omission to abandon, encumber, sell or transfer any of the
Common Areas.
12.6 Change in Declaration, Bylaws of Ratio of
Assessments
The Association shall not make any material amendment
to the Declaration or Bylaws ( including the manner or extent of
ownership of the Common Areas or the ratio of assessments
therefor) without the prior written approval of seventy-five
percent ( 75$) of all first mortgagees (based upon one vote for
each first mortgage owned) and Owners (other than the sponsor,
developer or builder) of record of the Lots, and without
unanimous approval of the mortgagee( s) of the Lots( s) for which
the assessment share( s) would be changed.
, 12.7 Change in Manner of Architectural Review and Mainte-
nance Within Project; Insurance and Use of Proceeds
- The Association shall not, without prior written
approval of seventy-five percent (75�) of all first mortgagees
32
�
. � • , , � • � .
, ,
(based upon one vote for each first mortgage owned) or Owners
(other than the sponsor, developer or builder) of record of the
Lots:
(a) by act or omission change, waive or abandon any
scheme of regulations, or enforcement thereof, pertaining to
the architectural design or the exterior appearance of Units,
the exterior maintenance of Units, the maintenance of the
Common Area, walkway, fences and driveways, or the upkeep of
lawns and plantings in the development;
�
� , (b) fail to maintain fire and extended coverage or
L'J insurable Common Areas on a current replacement cost basis in
�� an amount not less than one hundred percent (100�) of the
in
,� insurable value (based on current replacement cost) ;
C�2
�n (c) use hazard insurance proceeds for losses to any
q►j Common Area for other than the repair, replacement or recon-
struction of such common property.
12.8 Insurance .
With respect to a first mortgagee of a Lot or Unit, the
Board shall:
(a) If requested, furnish such mortgagee with a copy
of any insurance policy or evidence thereof which is intended
- to cover the Common Areas;
(b) Require any insurance carrier to give the Board
at least thirty (30) days' written notice before cancelling,
reducing the coverage of limits, or otherwise substantially
modifying any insurance with respect to the Common Areas (in-
cluding cancellation for a premium non-payment) .
t make an settlement of an insurance claims
(c) No y y
for loss or damage to the Common Area exceeding Five Thousand
Dollars ( $5, 000.00) without the approval of such mortgagee;
provided, that the withholding of such approval shall not be
unreasonable or in conflict with the provisions of Article 10.
(d) Give such mortgagee written notice of any loss
or taking affecting Common Areas, if such loss or taking ex-
ceeds Ten Thousand Dollars ( $10, 000.00) .
12.9 Payments by First Mortgagees
First mortgagees of any Lot or Unit may, jointly or
_ singly, pay taxes or other charges which are in default and
which may or have become a charge against any Common Areas and
may pay overdue premiums on hazard insurance policies, or
- secure new hazard insurance coverage on the lapse of a policy,
for such Common Areas and first mortgagees making such payments
33
�
, . • , , . ,
shall be owed immediate reimbursement therefor from the Asso-
ciation.
� 12. 10 Copies of Notices
Written notice that an Owner mort a or of a Lot has
_ / g 9
a li ation
for more than sixty (60) days failed to meet ny ob g
under this Declaration shall be given by the Association to the
first mortgagee of such Lot. Any first mortgagee shall, upon
request, be entitled to receive written notice of: all
meetings of the Association and be permitted to designate a
representative to attend all such meetings; any condemnation
� loss or casualty loss affecting a material portion of the pro-
�,,,� ject or the Lot on which it holds a mortgage; any lapse can-
� cellation or material modification of insurance policies or
� fidelty bonds maintained by the Association.
� 12. 11 Effect of Declaration Amendments
�
►n
� No amendment of this Declaration shall be effective
to modify, change, limit or alter the rights expressly
conferred upon mortgagees in this instrument with respect to
any unsatisfied mortgage duly recorded unless the amendment
shall be consented to in writing by the holder of such
mortgage. Any provision of this Declaration conferring rights
upon mortgagees which is inconsistent with any other provision
of said Declaration or the Bylaws shall control over such other
- inconsistent provisions.
12. 12 Inspection of Books
'I Owners, first mortgagees, insurers and guarantors of
the first mortgage on any Lot shall be entitled by the Owner' s
Association to inspect at all reasonable hours of week days (or
under other reasonable circumstances) all of the books and
records of the Association, including current copies of the
Declaration, Bylaws and other rules governing the Project, and
other books, records and financial statements of the Owners'
Association (within a reasonable time following request) and,
upon written request of any holder, insurer or guarantor of a
first mortgage at no cost to the part so requesting upon the
written request of the holders of fifty-one percent (51$) or
more of first mortgages at their expense if an audited state-
ment is not otherwise available) , to receive an annual audited
financial statement of the Association within ninety (90) days
following the end of any fiscal year of the Association. The
Owner' s Association shall also make available to prospective
purchasers current copies of the Declaration, Bylaws, and other
_ rules governing the planned unit development including the
condominiums, and the most recent annual audited financial
statement, if such is prepared.
34
j'.
� • • � ' . .
, � ' � �
ARTICLE 13
EASEMENTS
13. 1 Association Functions
There is hereby reserved to Declarant and the Assoc-
iation, or their duly authorized agents and representatives,
such easements as are necessary to perform the duties and obli- .
gations of the Association as are set forth in the Declaration,
or in the bylaws, and rules and regulations adopted by the
Association.
�
� 13.2 Utility Easements
�
Q
G7 The Board, on behalf of the Association and all mem-
� bers thereof, shall have authority to grant utility, road and
� similar easements, licenses and permits, under, through or over
t1� the Common Area, which easements the Board determines are rea-
� sonably necessary to the ongoing development and operation of
the Property.
13. 3 Access to Public Streets
Each Owner and his guests and invitees shall have a
perpetual, non-exclusive easement across the Common Areas and
across all roadways constructed therein, thereby providing ac-
- cess throughout the Property and to public streets.
13.4 Encroachments
Each Lot and all Common Areas are hereby declared to
have an easement over all adjoining Lots and Common Areas for
the purpose of accommodating any encroachment due to engineer-
ing errors, errors in original construction, reconstruction,
repair, settlement or shifting or movement of any portion of
the building, or any other similar cause, and any encroach.ment
due to building overhang or projection. There shall be valid
easements for the maintenance of said encroachments so long as
they shall exist, and the rights and obligations of Owners
shall not be altered in any way by said encroachment, settling
or shifting; provided, however, that in no event shall a valid
easement for encroachment be created in favor of an Owner or
Owners if said encroachment occurred due to the willful act or
acts with full knowledge of said Owner or Owners. In the event
an Lot or Common Areas are partially or totally destroyed, and
then repaired or rebuilt, the Owners agree that minor encroach-
ments over adjoining Lots and Common Areas shall be permitted,
and that there shall be valid easements for the maintenance of
said encroachments so long as they shall exist. The foregoing
encroachments shall not be construed to be encumbrances affect-
- ing the marketability of title to any Lot.
35
, . � . , � ,
ARTICLE 14
' TERM OF DECLARATION - COMPLIANCE WITH RULE AGAINST
PERPETUITIES AND RESTRAINTS OF ALIENATION
The covenants contained herein shall run with and bind the
land for a term of twenty (20) years from the date this Dec-
laration is recorded, after which time the covenants shall be
automatically extended for successive periods of ten (10)
years, unless an instrument executed in accordance with
� Article 12. 5 h erein shall be recorded, cancelling or terminat-
� ing this Declaration.
�
U
� ARTICLE 15
r�l
�
� AMENDMENT OF DECLARATION
�
�
15. 1 Declaration Amendment
Amendments to the Declaration shall be made by an
instrument in writing entitled "Amendment to Declaration" which
sets forth the entire amendment. Except as otherwise speci-
fically provided for in this Declaration, any proposed amend-
ment must be approved by a majority of the Board prior to its
adoption by the Owners. Amendments may be adopted at a meeting
- of the Owners if seventy-five percent (75%) of the Owners vote
for such amendment, or without any meeting if all Owners have
been duly notified and seventy-five percent (75$) of the Owners
- consent in writing to such amendment. In all events, the
amendment wh en adopted shall bear the signature of the presi-
dent of the Association and shall be attested by the secretary,
who shall state wh ether the amendment was properly adopted, and
shall be acknowledged by them as officers of the Association.
Amendments once properly adopted shall be effective upon
recording in the appropriate governmental offices. In addition
t o these amendments set forth in Article 12, any amendment to a
provision of the Declaration establishing, providing for,
governing or regulating the following shall require the consent
of seventy-five percent (75$) of the Owners and seventy-five
percent (75$) of the mortgagees: voting; assessments, assess-
ment liens or subordination of such liens ; reserves for main-
tenance, repair and replacement of Common Areas ; insurance or
bonds ; use of Common Areas; responsibility for maintenance or
repairs; expansion or construction of the project or the addi-
tion, annexation or withdrawal of property to or from the pro-
ject; boundaries of Lot; converting of Lots into Common Areas
o r vice versa; leasing of Lots; provisions for benefit of first
mortgagees, or holders, insurers or guarantors of first mort-
gages; the interests in Common Areas; or imposition of any
_ right of first refusal or similar restrictions on the right of
an Owner to sell, transfer or otherwise convey a Lot; provided,
that a mortgagee who fails to respond within thirty (30) days
36
G
• • � � • 1
of a written request to approve an amendment shall be deemed to
have approved the request. It is specifically covenanted and
understood that any amendment to this Declaration properly
" adopted will be completely effective to amend any or all of the
covenants, conditions and restrictions contained herein which
_ may be affected and any or all clauses of this Declaration
unless otherwise specifically provided in the section being
amended or the amendment itself.
15.2 Tract Map
Except as otherwise provided herein, the Tract Map
� � may be amended and described as such in an amendment to the
� , Declaration adopted as provided for herein. Copies of any such
� proposed amendment to the Tract Map shall be made available for
� the examination of every Owner. Such amendment to the Tract
r„� Map shall also be effective, once properly adopted, upon
� recordation in the appropriate county office in conjunction
`=� with the Declaration amendment.
�
�
15.3 Amendments by Declarant
The Declarant, upon Declarant' s sole signature, and
as an attorney-in-fact for all Lot Owners with an irrevocable
power coupled with an interest, may at any time, until all Lots
have been sold by Declarant, record an amendment to the
Declaration and/or Tract Map: showing, correcting or revising
- the assignment, if any, of parking spaces to unsold Lots; and,
during the period of Declarant' s management authority provided
under Section 6.2, changing the person who is to receive ser-
" vice of process. Any such amendment need be acknowledged only
by the Declarant and need not otherwise comply with the
requirements of this Article 15 .
15.4 Amendments to Conform to Construction
In addition, Declarant, upon Declarant' s sole signa-
ture, and as an attorney-in-fact for all Lot Owners with an
irrevocable power coupled with an interest, may at any time,
until all Lots have been sold by Declarant, file an amendment
to the Declaration and to the Tract Map to conform data depict-
ed therein to improvements as actually constructed and to es-
tablish, vacate and relocate utility easements, access road
easements and parking areas.
15.5 Amendments to Conform to Lending Institution
Guidelines
_ So long as Declarant continues to own one or more
Lots, the Declarant, on his signature alone, may file such
amendments to the Declaration as are necessary to meet the then
_ requirements of Federal National Mortgage Association, Veterans
37
Administration, Federal Home Loan Mortgage Corporation, or sim-
ilar agencies, institutions or lenders financing the purchase
of a Lot from the Declarant.
ARTICLE 16
PARTY WALLS
16. 1 General Rules of Law Apply
� Except with respect to Lots on which there are condo-
� miniums, each wall which is built as a part of the original
p construction of the homes upon the Properties and placed on the
� dividing line between the Lots shall constitute a party wall,
� and, to the extent not inconsistent with the provisions of this
r,;� Article, the general rules of law regarding party walls and
� liability for property damage due to negligence or willful acts
or omissions shall apply thereto .
16. 2 Sharing Repair and Maintenance
The cost of reasonable repair and maintenance of a
party wall shall be shared by the Owners who make use of the
wall in proportion to such use.
16. 3 Destruction by Fire or Other Casualty
If a party wall is destroyed or damaged by fire or
other casualty, any Owner who has used the wall may restore it,
and if the other Owners thereafter make use of the wall, they
shall contribute to the cost of restoration thereof in propor-
tion to such use without prejudice, however, to the right of
any such Owners to call for a larger contribution from the
others under any rule of law regarding liability for negligent
or willful acts or omissions .
16.4 Weatherproofing
Notwithstanding any other provision of this Article,
an Owner who, by his negligent or willful act, causes the party
wall to be exposed to the elements shall bear the whole cost of
furnishing the necessary protection against such elements .
16. 5 Right to Contribution Runs with Land
The right of any Owner to contribution from any other
Owner under this Article shall be appurtenant to the land and
_ shall pass to such Owner' s successors in title.
3$
, • . , � �
ARTICLE 17
ARCHITECTURAL CONTROL, USE, ETC.
17.1 Architectural Control Committee
All buildings and structures including, without limi-
tation, concrete or masonry walls, rockeries, fences, swimming
pools, if any, or other structures, to be constructed within
the Property shall be approved by the Board of Directors of the
� Association, or by an architectural control committee (ACC)
� • composed of three (3) or more representatives appointed by the
� Declarant or Board (subject to provisions below) . Complete
� plans and specifications of all proposed buildings, structures,
� and exterior alterations, together with detailed plans showing
� the proposed location of the same in the particular building
� site, shall be submitted to the ACC before construction or al-
4� teration is started, and such construction or alteration shall
not be started until written approval thereof is given by the
ACC.
The ACC will review submittals as to the quality of work-
manship and materials planned and for conformity and aesthetic
harmony of the external design with proposed or existing
structures on neighborhood residential lots or building sites,
I and as to location of the building with respect to topography,
finish grade elevation and building setback restrictions.
ACC may reject plans for any reason, in its sole discre-
tion, including aesthetic reasons. The ACC will endeavor to
approve or disapprove plans and specifications submitted in
writing by the Owner of a residential Lot within ten ( 10) days
after said plans and specifications have been submitted to it,
with a written request therefor.
All plans and specifications for approval by the ACC must
be submitted in duplicate, at least ten ( 10) days prior to the
proposed construction starting date. The maximum height of any
building shall be established by the ACC as part of the plan
approval and shall be given in writing together with the
a roval . One set of a roved lans must be on the 'ob site at
PP PP P J
all time.
39
1 � � 1 t
Said plans or specifications shall be prepared by an
architect or a competent house-designer, approved by _ the ACC.
Two complete sets of said plans and specifications shall in
each case be delivered to and permanently left with the ACC.
All buildings or structures shall be erected or constructed by
_ a contractor or house builder approved by the ACC.
As to all improvements, constructions and alterations
within the Property the ACC shall have the right to refuse to
approve any design, plan or color for such improvements, con-
struction or alterations which is not suitable or desirable, in
� the ACC' s opinion, for any reason, aesthetic or otherwise, and
� in so passing upon such design, the ACC shall have the right to
� take into consideration the suitability of the proposed buil-
ll� ding or other structure, and the material of which it is to be
'�"� built, and the exterior color scheme, to the site upon which it
� is proposed to erect the same, the harmony thereof with the
� surroundings, and the effect or impairment that said structures
will have on the view or outlook of surrounding building sites,
and any and all factors, which, in the ACC' s opinion, shall
effect the desirability or suitability of such proposed struc-
ture, improvements, or alterations.
The ACC shall have the right to disapprove the design or
installation of a swimming pool or any other recreational
structure or equipment which is not suitable or desirable, in ,
the ACC' s opinion, for any reason, aesthetic or otherwise, and '
- in so passing upon such design or proposed installation, the
ACC shall have the right to take into consideration the visual
impact of the structure and the noise impact of the related
activities upon all of the properties locate� in the close
proximity. Any enclosure or cover used in connection with such
a recreational structure or equipment, whether temporary,
collapsable, seasonal , or whatever, shall be treated as a perm-
anent structure for the purposes of these covenants, and shall
be subject to all the conditions, restrictions, and require-
ments as set forth herein for all buildings and structures.
The ACC shall be composed of representatives appointed by
the Declarant until three months after the issuance of the
final occupancy perrnit for the last Lot sold in the project.
At that time the ACC representatives shall be appointed by the
Board.
17. 2 Sales Facilities of Declarant
Notwithstanding any provision in Section 11 . 1,
Declarant, its agents, employees and contractors shall be per-
_ mitted to maintain during the period of sale of the Lot upon
such portion of the Property as Declarant may choose, such
facilities as in the sole opinion of the Declarant may be
- reasonably required, convenient or incidental to the construc-
tion, sale or rental of the Lots and interests, including but
40
� � � 1 � L
not limited to, a business office, storage area, signs, model
units, sales office, construction office, and parking areas for
all prospective tenants or purchasers of Declarant.
17.3 Common Drive and Walks
Common drives, walks, corridors and stairways shall
, be used exclusively for normal transit and no obstructions
shall be placed thereon or therein except by express written
consent of the Board.
� 17. 4 Single Family Residential Use
tT�
lf�
Q All Lots and improveanents located thereon shall be
� used, improved, occupied and devoted exclusively to single
� family residential use with the exceptions provided for in
C�2
� Article 3. Nothing herein shall be deemed to prevent the Owner
�� from leasing a Lot and improvement, subject to all of the pro-
� visions of the Declaration.
No structure of a temporary character, trailer, basement,
� tent, shack, garage, barn or any other out building shall be
used on any lot at any time as a temporary or permanent
residence.
No home may be constructed on any lot by anyone other than
a contractor licensed as a general contractor under the laws of
- the state of Washington unless the owner has received prior
approval by the Architectural Control Committee. Al1 homes
constructed on each lot shall be built with new material, with
- athered
the exception of decor items such as used brick, we
planking and similar items . The Architectural Committee shall
make the final determination as to whether used material is a
decor item or not. As construction of properly authorized
dwellings, structures or improvements on any residential site
shall be completed as to ext�rnal appearance, including finish-
ed painting, within six (6) months after date of commencement
of construction. The home shall be connected to a sewage
system prior to occupancy.
The Architectural Control Committee shall have the sole
and exclusive right to grant an exception to the specifications
set forth in this paragraph. The intent of granting an excep-
tion is to permit exceptions when changing circumstances may
warrant such and the intent and purposes of these covenants can
still be accomplished.
17.5 Alterations
No alteration in the exterior appearance ( including
without limitation the color of any building or structure)
- shall be made without approval of the plan and specification
and plot plan; provided, however, that if the alteration is
41
only in regard to color, a sample of the color need only be
submitted for approval .
' 17 .6 Nuisances
_ No nuisance shall be permitted to exist or operate
upon any Lot or improvement thereon so as to be detrimental to
any other Lot or Property in the vicinity thereof or to its
occupants.
� 17.7 Restriction on Further Subdivision
�
L7 No action may be taken with respect to any Lot which
� would disqualify any Lot as a residential site under the provi-
r,�„� sions of Section 16 or in violation of any setback, Lot size or
� other governmental requirement, including but not limited to
� division, further subdivision, replatting, or separation of a
� Lot or portion of a Lot or contiguous group of Lots into
smaller Lots by any Owner; no portion less than all of any such
Lot, nor any easement or other interest therein, shall be con-
veyed or transferred by an Owner; any other alteration in any
manner which would bring about Lots which would not qualify as
residential sites. Provided that this shall not prohibit deeds
of correction, deeds to resolve boundary disputes, and similar
corrective instruments.
17.8 Garbage and Trash Removal
No Lot shall be used as a dumping ground for rubbish,
trash or garbage . Garbage and trash containers shall be buried
or shall be located abutting rear or sides of house and shall
be contained within an enclosure such that no garbage can or
other receptacle shall be visible from any place outside the
premises except on the regularly scheduled day for removal of
garbage and rubbish. The design and material of said enclosure
shall be in keeping with the general appearance of the house
and its design must receive prior approval by the Association.
, 17.9 Pets
No animals, which term includes livestock, domestic
animals, poultry, reptiles or living creatures of any kind,
shall be raised, bred, or kept on any Lot or in the common
areas whether as pets or otherwise, except subject to rules and
regulations adopted by the Board, or Bylaws adopted by the
Association. The Board may at any time require the removal of
any animal which it finds is disturbing other Owners in the
' Board' s determination, and may exercise this authority for
_ specific animals even though other animals are permitted to
remain.
42
,
17. 10 Signs
No advertising signs, billboards, or high and un-
sightly structures shall be erected on any Lot or displayed to
the public view on any Lot except after written permission of
_ the Association is obtained . A sign may be used to advertise
the Property for sale or rent, or by a broker to advertise the
property during the construction and sale period, provided
prior approval is obtained from the Association. The Associa-
tion shall be authorized to withhold its approval or consent
until it has been furnished information as to the size, style,
' and color of any proposed sign permitted hereunder.
I 0? • 17. 11 Rental Lots
.�
�j With respect to the leasing, renting, or creation of
� any kind of tenancy of a Lot and improvements thereon by its
� Owners, such Owner shall be prohibited from leasing or renting
�,� less than the entire Lot or improvements thereon, or (with the
� exception of a lender in possession of a Lot and improvements
, thereon following a default in a first mortgage, a foreclosure
proceeding or any deed of trust sale or other arrangement in
lieu of a foreclosure) for a term of less than thirty ( 30)
days; and all leasing or rental agreements shall be in writing
and be subject to the Declaration and Bylaws (with a default of
the tenant in complying with the Declaration and Bylaws consti-
tuting a default under the lease or rental agreement) .
If a Lot or Unit is rented by its Owner, the Board may
collect, and the tenant or lessee shall pay over to the Board,
so much of the rent for such Unit as is required to pay any
amounts due the Association hereunder, plus interest and costs,
if the same are in default over thirty (30) days . The renter
or lessee shall not have the right to guestion payment over to
the Board, and such payment will discharge the lessee' s or
renter' s duty of payment to the Owner for rent, to the extent
such rent is paid to the Association, but will not discharge
the liability of the Owner or purchaser and the Lot or Unit
under this Declaration for assessments and charges, or operate
' as an approval of the lease. The Board shall not exercise this
power where a receiver has been appointed with respect to the
Lot or its Owner; nor in derogation of any rights which a mort-
gagee of such Lot may have with respect to such rents. Other
than as stated herein there is no restrictions on the right of
any Owner to lease or otherwise rent his Unit.
17. 12 Zoning Regulations
_ Zoning regulations, building regulations, environ-
mental regulations and other similar governmental regulations
applicable to the Properties subject to this Declaration shall
- be observed . In the event of any conflict between any
provision of such governmental regulations and the restrictions
43
of this Declaration, the more restrictive provisions shall
apply.
� 17 . 13 Setback Lines
_ No building shall be erected on any residential site
so that any part thereof is not in compliance with any setUack
requirements by the applicable governmental entity.
At all times, the builder will observe City of Renton
� building regulations. In the event that the City of Renton
�j , regulations are more restrictive than the above described
ln regulations, the City of Renton regulations shall prevail .
�7
� 17. 14 Hedges and Fences
�
`� No hedge over six (6) feet in height nor any approved
� fence over six (6) feet in height shall be constructed, erect-
ed, placed, planted, set out, maintained or permitted;
PROVIDED, HOWEVER, if a fence or hedge affects a neighbor' s �
view, any fence or hedge over fifty-four (54) inches in height
shall be by mutual agreement only. Trees, shrubs and other j
plantings, not constituting a hedge or other solid screen,
shall be exempt from the height restrictions imposed by this
paragraph if the location thereof is approved in the manner j
provided in paragraph 6 above. Fence design shall be approved
by the ACC. No fence or hedge shall protrude or extend beyond
� the front setback line without approval of the ACC.
17. 15 Business Use
No business of any kind shall be conducted on any Lot
with the exception of (a) the business of Declarant in
developing all of the Lots and (b) such home occupation for
which a permit may be issued by the appropriate local
government.
17.16 Temporary Residence
No outbuilding, basement, tent, shack, garage, trail-
er or shed or temporary building of any kind shall be used as a
residence either temporarily or permanently.
17. 17 Antenna and Aerial
No antenna or aerial shall be affixed to any exterior
wall or roof. No TV dish shall be placed in a conspicuous
area. Any placement must be approved by ACC.
17. 18 Easement Protection
- No structure, plantings or other material of any kind
shall be placed or permitted to remain within any utility or
44
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drainage easement which may damage, interfere with or alter the
direction of flow of drainage facilities.
The ACC, its successors and assigns, shall have the
exclusive right subject to any exceptions contained herein, to
_ approve or disapprove any easement for water, electricity, gas,
cable, television, sewers and/or other utilities running
across, over, under or through the aforesaid described
property, and shall solely receive any and all compensation for
� such easement, regardless of whether the Architectural
� Committee is the owner in fee of that property on which the
l!'� easement is to be located; PROVIDED, HOWEVER, that any easement
� which runs over, across or through any residential site,
� excluding any street within the subdivision, is also subject to
�12 approval of the owners of the residential site on which the
`'� easement is to be located.
tl�
�
17 .19 Storage/Clothesline
No storage shall be permitted under decks or over-
hangs or anywhere else on any Lot which is visible from any
point outside the Lot. No laundry or clothing or similar items
shall be hung on or from any portion of a Lot such that they
are visible from any place outside the premises.
17.20 Landscaping
- Every effort shall be made to save significant trees
and shrubbery upon the building of the Lots and on construction
of any pedestrian trails. During and after construction there
shall be no removal of trees from the common areas without the
I s ecific a roval of the Architectural Control Committee and
P PP
' the City of Renton' s landscape architect. In the event any
vegetation is removed without the approval of the Architectural
Control Committee and the City of Renton' s landscape architect
by the builder or homeowner on either private or common open
space, said trees or vegetation will be replaced to the satis-
faction of both the Architectural Control Committee and the
Renton landscape architect at the expense of the builder or
owner. In the event an evergreen tree having a diameter of ten
( 10) inches or a deciduous tree having a diameter of eight (8)
inches is removed from any Lot or common area, said tree must
be replaced with a like tree having a minimum diameter of two
( 2) inches.
All landscaping must be coinpleted within forty-five (45)
days of the final inspection of the project by the City of
' Renton.
It shall be the responsibility of each property owner to
keep his Lot in a pleasing, park-like condition, free of brush,
- brambles, dead trees, piles of stumps, or any condition that
would be an eyesore. Further, no lot or adjoining area shall
' 45
be used or maintained as a dumping ground for garbage, trash or
other waste material and such material shall not be kept except
in sanitary containers. All incinerators or other equipment
for the storage or disposal of such materials shall be kept in
a clean and sanitary condition. For the purpose of this pro-
_ vision, Section 17. 1 shall be deemed to extend to such plant-
ings and the ACC may impose such conditions upon the granting ,
of such approval as they in their uncontrolled discretion shall �I
deem proper. �,
It is the Lot owner' s obligation to landscape and maintain
� , the landscape to the asphalt road.
G-�j 17.21 Parking and Boat Storage
lla
�"i No platted streets shall be used for permanent park-
r� ing of private or commercial vehicles, and all such vehicles
� illegally parked shall be removed by a bonded towing firm and
the owner shall be responsible for all towing charges, other
costs and reasonable attorney' s fees.
No boats, trailers, motorhomes, disabled vehicles or
similar vehicles shall be parked or stored on any lot in a
position whereby said vehicle will be visible either from the
street or from the homes on the other lots. The storage of
said vehicles is suk�ject to approval by the ACC or its nominee,
and such approval shall be in the same manner and the same
� extent as provided in Section 17. 1 above.
� ARTICLE 18
INSURANCE
18. 1 Insurance Coverage
The Board shall obtain and maintain at all times as a
common expense a policy or policies and bonds of property in-
surance covering all of the general common elements, including
common personal property and supplies belonging to the
Association which shall include at a minimum:
18. 1 .1 Fire Insurance, with extended coverage (in-
cluding vandalism, malicious mischief, sprinkler leakage,
debris removal, windstorm and water damage) endorsement, in an
amount equal to the full insurable current replacement value
(without deduction for depreciation and exclusive of land,
foundation, excavation and other items normally excluded from
, coverage) of the Common Areas with the Association named as
insured or such other fire and casualty insurance as the Board
shall determine to give substantially equal or greater protec-
- tion. All insurance shall be obtained from an insurance
carrier rated Triple A (and rated as in Class VI or better
46
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financial condition) by Best' s Insurance Reports or equivalent
rating service, and licensed to do business in the state of
Washington.
18. 1. 2 General comprehensive liability insurance
_ insuring the Board, the Association, the Owners, Declarant and
managing agent against any liability to the public or to the
Owners of Residential Units, and their invitees, or tenants,
incident to the ownership or use of the Common Areas ( including
but not limited to owned and non-owned automobile liability,
water damage, host liquor liability, liability for property of
others and, if applicable, elevator collision, garagekeeper' s
� liability) , and legal liability arising out of lawsuits related
� to employment contracts of the Association, the liability under
� which insurance shall be in an amount determined by the Board
� after consultation with insurance consultants, but not less
CH than One Million Dollars ($1, 000, 000.00) covering all claims
� for personal injury and/or property damage arising out of a
� single occurrence ( such policy limits to be reviewed at least
C� annually by the Board and increased in its discretion) . Such
insurance shall contain appropriate provisions or endorsements
precluding the insurer from denying the claim of an Owner
because of the negligent acts of the Association or another
Owner .
' m n ati n in urance t the
18. 1 . 3 Workmen s co pe s o s o
extent required by applicable laws.
18. 1.4 Fidelity bonds naming the members of the
Board, the manager and its employees and such other persons as
� may be designated by the Board as principals and the Associa-
tion as obligee, in an amount equal to at least one hundred
fifty percent (150�) of the estimated maximum funding, includ-
ing reserve funds, in the custody of the Association or manage-
ment agent at any given time during the term of each bond or an
amount equal to one hundred fifty percent ( 150�) of the esti-
mated annual operating expenses of the project, including
reserves; provided that in no event shall the aggregate amount
of such bond be less than three (3 ) months aggregate assess-
ments for all Lots plus reserves. Such fidelity bonds shall
contain waivers of any defense based upon the exclusion of
persons who serve without compensation from any definitions of
"employee" or similar expression.
18. 1. 5 Insurance against loss of personal property
of the Association by fire, theft and other losses with deduc-
tible provisions as the Board deems advisable.
18. 1.6 Such other insurance as the Board deems ad-
visable; provided, that notwithstanding any other provisions
herein, the Association shall continuously maintain in effect
- such casualty, flood and liability insurance and a fidelity
bond meeting the insurance and fidelity bond requirements for
47
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similar projects established by Federal National Mortgage �,
Association, Government National Mortgage Association, Federal i
Home Loan Mortgage Corporation, Federal Housing Authority,
� Veteran' s Administration, or other governmental or quasi-
governmental agencies involved in the secondary mortgage mar-
_ ket, so long as any such agency is a mortgagee or Owner of a
Lot within the project, except to the extent such coverage is
not available or has been waived in writing by such agency.
18. 2 Owner' s Additional Insurance
� Each Owner shall obtain additional insurance respect-
� ing his Residential Unit and the contents thereof at his own
Oexpense. Such insurance shall provide coverage at current full
� replacement cost and shall contain a separate loss payable
� endorsement in favor of the mortgagee or mortgagees of the Lot.
�
� 18.3 Insurance Proceeds
GO
Insurance proceeds for damage or destruction to any
part of the Property shall be paid to the Board on behalf of
the Association which shall segregate such proceeds from other
funds of the Association for use and payment as provided for in
Paragraph 17. Al1 such funds shall be held by the Board in
trust for the use and benefit of the owners and their mortgages
as their respective interests may appear. The Association
acting through its Board shall have the exclusive authority to
- settle and compromise any claim under insurance obtained by the
Association and the insurer may accept a release and discharge
of liability made by the Board on behalf of the named insureds
under the policy.
18. 4 Additional Provisions
The Board shall obtain insurance policies and bonds
which:
(a) Provide that the liability of the insurer there-
under shall not be affected by, and that the insurer shall
not claim any right of set-off, counterclaims, aportion-
ment, proration, or contribution or assessment by reason
of, any other insurance obtained by or for any Owner or
any mortga�ee;
(U) Contain no provision relieving the insurer from
liability for loss because of any act or neglect that is
not within the control of the Association or because of
any failure of the Association to comply with any warrant
or condition regarding any portion of the premises over
which the Association has no control;
_ (c) Contain a waiver of subrogation by the insurer
as to any and all claims against the Association, the
48
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, . , , , � .
owner of any Unit and/or their respective agents,
employees or tenants, and of any defenses based upon co-
insurance or upon invalidity arising from the acts of the
insured.
(d) Provide that, despite any provision giving the
insurer the right to restore damage in lieu of a cash
settlement such option shall not be exercisable without
the prior written approval of the Association, or when in
conflict with the provisions of any insurance trust agree-
ment to which the Association is a party, or any require-
� ment of law.
�
C,�
(e) Contain no provision (other than insurance
� conditions) which prevent mortgagees from collecting
� insurance proceeds .
U
� ( f) May not be cancelled or modified substantially
without at least ten (10) days prior written notice to the
Association and each holder of a first mortgage listed in
the insurance policy as a scheduled holder of a first
mortgage.
(g) Contains, if available, an agreed amount and
Inflation Guard Endorsement.
18. 5 Reconstruction .
In the event of damage or destruction by fire or
other casualty to any Lot or improvement thereon, the Board or
� if it so designates the Owner thereof shall, upon receipt of
the insurance proceeds, repair or rebuild such damage or des-
troyed portions of the Lot and improvements in a good workrnan-
like manner substantially the same as the original plans and
specifications of said Property.
18.6 Common Area
The Board shall obtain and maintain at all times as a
common expense a policy or policies and bonds for fire with
extended coverage, casualty and flood insurance in an amount as
near as practicable to the full insurable replacement value of
the Common Areas, and liability insurance, in such amounts as
determined by the Board after consultation with insurance
consultants .
49
1
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� � � , �
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ARTICLE 19
CONDEMNATION OF COMMON AREAS
19. 1 Consequences of Condemnation
If at any time or times during the continuance of
the development, all or any part of the Common Areas shall be
taken or condemned by any public authority or sold or otherwise
disposed of in lieu of or in avoidance thereof, the provisions
of this Article 19 shall apply. The Board shall provide each
i` Owner, and each Mortgagee with a written notice of the com-
� mencement of any such condemnation proceeding, and of any pro-
L7 posed sale or disposition in lieu thereof, in advance of such
�% proceeding or sale.
L7
r-i
t�2 19. 2 Proceeds
,�
� All compensation, damages, or other proceeds there-
�
from, the sum of which is hereinafter called the "Condemnation
Award, " shall be payable to the Association.
19. 3 Complete Taking
In the event that the entire Common Area is taken or
condemned, or sold or otherwise disposed of in lieu of or in
avoidance thereof, the Association ownership thereof shall
- terminate. The Condemnation Award shall be apportioned among
the Owners pro rata; provided, that if a standard different
from the value of the Property as a whole is employed to
measure the Condemnation Award in the negotiation, judicial
decree, or otherwise, then in determining such shares the same
standard shall be employed to the extent it is relevant and
applicable. On the basis of the foregoing principal, the Board
shall as soon as practicable determine the share of the Condem-
nation Award to which each Owner is entitled. After first pay-
ing out of the respective share of each Owner, to the extent
sufficient for the purpose, all mortgages and liens on the
interest of such Owner, the balance remaining in each share
shall then be distributed to each Owner respectively.
19.4 Partial Taking
In the event that less than the entire Common Area is
taken or condemned, or sold or otherwise disposed of in lieu of
or in avoidance thereof, the Association ownership thereof
shall not terminate. Each Owner shall be entitled to a share
of the Condemnation Award to be determined in the following
manner:
19.4. 1 As soon as practicable the Board shall, rea-
_ sonably and in good faith, allocate the Condemnation Award
between compensation, damages, or other proceeds.
50
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19.4.2 The Board shall apportion the amounts so al-
located to taking of or injury to the Common Areas which in
turn shall be apportioned among Owners in proportion to their
' respective pro rata interests in the Common Areas.
_ 19.4. 3 The total amount allocated to severance
damages shall be apportioned to those Lots which were not taken
or condemned. '
19. 4. 4 The amount allocated to consequential damages
and any other takings or injuries shall be apportioned as the
� Board determines to be equitable in the circumstances .
Cn
�7 19.4.5 If an allocation of the Condemnation Award is
� already established in negotiation, judicial decree, or
�
� otherwise, then in allocating the Condemnation Award the Board
nt shall employ such allocation to the extent it is relevant and
`'� applicable.
tn
�
19.4.6 Distribution of apportioned proceeds shall be
made to the respective Owners and their respective mortgagees
in the manner provided in Section 19.3.
19. 5 Reductions of Project Upon Partial Taking
In the event that (a) a partial taking occurs which
pursuant to Section 19.4 does not result in a termination of
- Association ownership of the Common Areas, and (b) at least one
( 1) Lot is taken or condemned and (c) the condemning authority
elects not to hold, use and own said Lot as an Owner subject to
and in accordance with the Declaration, then the provisions of
this Section 19. 5 shall take effect immediately upon the
condemning authority taking possession of the Lot or Lots so
taken or condemned:
19. 5. 1 The Lots subject to this Declaration shall be
reduced to those Lots not taken or condemned (or not sold or
otherwise disposed of in lieu of or in avoidance thereof) .
19. 5. 2 The general Common Areas subject to this
Declaration shall be reduced to that Common Area not so taken
or condemned.
19. 5. 3 The interest of each Lot Owner in the Common
Areas appurtenant to each Lot not so taken or condemned shall
be recalculated on a pro rata basis.
19.5.4 Except with respect to the share of proceeds
_ apportioned pursuant to Section 19.4, no Owner or mortgagee of
a Lot so taken or condemned shall have, nor shall there be ap-
purtenant to any Lot so taken or condemned, any right, title,
- interest, privilege, duty or obligation in, to or with respect
to the Association and any Lot or Common Area which remains
51
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, . , , ,
subject to this Declaration and which is not so taken or
condemned.
� 19.5.5 Except as otherwise expressly provided in
Section 19.5, the rights, title, interests, privileges, duties
_ and obligations of an Owner and Mortgagee in, to or with
respect to a Lot not so taken or condemned (and in, to or with
respect to the Association and the Common Areas appurtenant to
said Lot) shall continue in full force and effect as provided
in this Declaration.
19. 5.6 The provisions of Section 19.5 shall be
i` binding upon an3 inure to the benefit of all Owners and
G.j Mortgagees of (and other persons having or claiming to have any
i.t`� interest in) all Lots which are, as well as all Lots which are
� not, so taken or condemned . All such Owners, Mortgagees and
� other persons covenant to execute and deliver any documents,
� agreements or instruments (including, but not limited to,
`�-s appropriate amendments to the Declaration) as are reasonably
� necessary to effectuate the provisions of Section 19.5.
19.6 Reconstruction and Repair
Any reconstruction and repair necessitated by condem-
nation shall be governed by the procedures specified in
Article 19 above, provided that the Board may retain and apply
such portion of each Owner' s share of the Condemnation Award as
� is necessary to discharge said Owner' s liability for any spe-
cial assessment arising from the operation of said Artiele 20.
ARTICLE 20
DAMAGE OR DESTRUCTION OF COMMON AREAS; RECONSTRUCTION
20.1 Initial Board Determinations
In the event of damage or destruction to any part of
the Common Areas, the Board shall pro�nptly, and in all events
within twenty (20) days after the date of damage or
destruction, make the following determinations with respect
thereto employing such advice as the Board deems advisable:
20. 1 .1 The nature and extent of the damage or
destruction, together with an inventory of the improvements and
property directly affected thereby.
20. 1 .2 A reasonably reliable estimate of the cost to
_ repair and restore the damage and destruction, which estimate
shall, if reasonably practicable, be based upon two (2) or more
firm bids obtained from responsible contractors.
52
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20 . 1. 3 The anticipated insurance proceeds, if any,
to be available from insurance covering the loss based on the
amount paid or initially offered by the insurer.
20. 1 .4 The amount, if any, that the estimated cost
_ of repair and restoration exceeds the anticipated insurance
proceeds therefor and the amount of assessment to each
Lot if such excess was paid as a maintenance expense and
specially assessed against all the Lots pro rata.
20. 1 . 5 The Board' s recommendation as to whether such
damage or destruction should be repaired or restored .
� 20. 2 Notice of Damage or Destruction
L7
�� The Board shall promptly, and in all events within
� thirty (30) days after the date of damage or destruction,
�2 provide each Owner, and each mortgagee with a written notice
� summarizing the initial Board determination made under
� Section 20. 1 . If the Board fails to do so within said thirty
( 30) days, then any Owner or mortgagee may make the
determinations required under Section 20. 1 and give the notice
required under this Section 20. 2.
20. 3 Definitions: Restoration; Emergency Work
20.3 . 1 As used in this Article 20, the words
� "repair, " "reconstruct, " "rebuild" or "restore" shall mean
restoring the Common Area and any facilities or improvements
thereon to substantially the same condition in which they
existed prior to the damage or destruction. Modifications to
conform to then applicable governmental rules and regulations
or available means of construction may be made.
20. 3. 2 As used in this Article 20, the term
"emergency work" shall mean that work which the Board deems
reasonably necessary to avoid further damage, destruction or
substantial diminution in value to the Common Area or
improvements and to reasonably protect the Owners from
liability from the condition of the site.
20. 4 Restoration by Board
20.4. 1 Unless prior to the commencement of repair
and restoration work (other than emergency work referred to in
subsection 20. 3.2) the Owners shall have decided not to repair
and reconstruct in accordance with the provisions of either
subsection 20.5. 3 or 20.6.3, the Board shall promptly repair
and restore the damage and destruction, use the available
insurance proceeds therefor, and pay for the actual cost of
repair and restoration in excess of insurance proceeds secured
_ as a common expense which shall be specially assessed against
all Lots on a pro rata basis .
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20.4.2 '�he Board shall have the authority to employ
architects and attorneys, advertise for bids, let contracts to
contractors and others, and to take such other action as is
reasonably necessary to effectuate the repair and restoration.
Contracts for such repair and restoration shall be awarded when
_ the Board, by means of insurance proceeds and sufficient
assessments, has provision for the cost thereof. The Board may
further authorize the insurance carrier to proceed with repair
and restoration upon satisfaction of the Board that such work
will be appropriately carried out.
� 20. 4. 3 The Board may enter into a written agreement
L� in recordable form with any reputable financial institution or
� trust or escrow company that such firm or institution shall act
�.{ as an insurance trustee to adjust and settle any claim for such
�t loss in excess of Fifty Thousand Dollars ( $50,000.00) or for
� such firm or institution to collect the insurance proceeds and
� carry out the provisions of this Article.
20.5 Limited Damage; Assessment Under $3, 500
If the amount of the estimated assessment determined
under subsection 20. 1 .4 does not exceed Three Thousand Five
Hundred Dollars ( $3, 500. 00) , then the provisions of this
Section 20.5 shall apply:
20.5 .1 The Board may, but shall not be required to,
� call a special Owners' meeting to consider such repair and
restoration work, which notice shall be given simultaneously
with the notice required to be given by the Board under
� Section 20. 2 above. If the Board shall fail to call such
meeting, then the requisite number of Owners or any mortgagee,
within fifteen (15) days of receipt of the notice given by the
Board under Section 20. 2 above, or the expiration of such
thirty (30) day period, whichever is less, may call such
special Owners' meeting to consider such repair and restoration
work. Any meeting called for under this Section 20.5.1 shall
be convened not less than ten (10) nor more than twenty (20)
days after the date of such notice of ineeting.
20. 5. 2 Except for emergency work, no repair and
restoration work shall be commenced until after the expiration
of the notice period set forth in Section 19.5. 1 and until
after the conclusion of said special meeting if such meeting is
called within said requisite period.
20. 5. 3 A written decision of seventy-five percent
( 75�) of the Lot Owners an3 mortgagees (based upon one vote for
each first mortgage owned) will be required to avoid the pro-
visions of subsection 20.4. 1 and to determine not to repair and
restore the damage and destruction in accordance with the
_ original plans, as amended by subsequent amendments, if any;
provided, that the failure of the Board, the requisite number
54
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of owners or a mortgagee to call for a special meeting at the
time or in the manner set forth in Section 20.5 shall be deemed
a unanimous decision to undertake such work.
20.6 Major Damage; Assessment Over $3, 500
If the amount of the estimated assessment determined
under subsection 19. 1 .4 exceeds Three Thousand Five Hundred
Dollars ( $3, 500. 00 ) , then the provisions of this Section 20.6
shall apply:
� 20.6. 1 The Board shall promptly, and in all events
�� within thirty (30) days after the date of damage or
� destruction, provide written notice of a special Owners'
lf� meeting to consider repair and restoration of such damage or
� destruction, which notice shall be delivered with the notice
� required to be provided under Section 20. 2 above. If the Board
lP� fails to do so within said thirty (30) day period, then
� notwithstanding the provisions of this Declaration or the
Bylaws with respect to calling special meetings, any Owner or
mortgagee may within fifteen (15) days of the expiration of
said thirty (30) day period, or receipt of the notice required
to be provided by the Board under Section 20.2 above, whichever
is less, call a special meeting of the Owners to consider
repair and restoration of such damage or destruction by
providing written notice of such meeting to all Owners and
mortgagees. Any meeting held pursuant to this Section 19.6
� shall be called by written notice and shall be convened not
less than ten (10) nor more than twenty (20) days from the date "
of such notice of ineeting.
20.6. 2 Except for emergency work, no repair and
restoration work shall be commenced until the conclusion of the
special Owners' meeting required under subsection 20.6.1 .
20.6. 3 A concurrence in writing of more than
seventy-five percent (75�) of the first Mortgagees (based upon
one vote for each first mortgage owned) , or Owners (other than
the sponsor, developer, or builder) of the Lots will be
required to avoid the provisions of Section 20.4 and to
determine not to repair and restore the damage and destruction;
rovided, however, that the failure to obtain said seventy-five
P ,
percent (75�) concurrence in writing shall be deemed a decision
to rebuild and restore the damage and destruction in accordance
with the original plans, as amended by subsequent amendments,
, if any; provided, further, that the failure of the Board, or
Owners or Mortgagees to convene the special meeting required
under Section 20.6. 1 within ninety (90) days after the date of
damage or destruction shall be deemed a unanimous decision not
to undertake such repair and restoration work.
55
� � t � �
20.7 Decision Not to Restore; Disposition
In the event of a decision under either sub-
� sections 20.5. 3 or 20.6. 3 not to repair and restore damage and
destruction, the Board may nevertheless expend such of the
_ insurance proceeds and common funds as the Board deems
reasonably necessary for emergency work (which emergency work
may include but is not necessarily limited to removal of the
damaged or destroyed buildings and clearing, filling and grad-
ing the real property) , and the remaining funds, if any, shall
thereafter be credited pro rata towards assessments next due
from the Owners or distributed pro rata to the Owners, as the
� Board may determine. The Property shall thereafter continue to
� be held by the Association.
�
� 20.8 Miscellaneous
e-i
� The provisions of this Article 20 shall constitute
� the procedure by which a determination is made by the Owners to
repair, restore, reconstruct or rebuild. By the act of owning
a Lot, each Owner and party claiming by, through or under such
Owner hereby consents and agrees to the provisions hereof. In
the event that any provision of this Article 20 shall be deter-
mined to be invalid or unenforceable by any court of competent
jurisdiction, such determination shall not effect the validity
of any other provision of this Declaration. The purpose of
this Article 20 shall be to provide a fair and equitable method
- of allocating the costs of repair and restoration and making a
determination for repair and restoration if all or a portion of
the Common Area or improvements are damaged or destroyed. The
� provisions of tnis Article 20 shall be liberally construed to
accomplish such purpose. By unanimous vote of the Owners,
which vote shall be taken within ninety (90) days after the
damage or destruction the Owners may determine to do otherwise
than provided in this Article 20.
ARTICLE 21
MISCELLANEOUS
21. 1 Notices
21. 1. 1 Delivery of Notices and Documents. Any writ-
ten notice, or other document as required by this Declaration,
may be delivered personally or by mail . If by mail, such
notice, unless expressly provided for herein to the contrary
with regard to the type of notice being give, shall be deemed
to have been delivered and received forty-eight (48) hours
after a copy thereof has been deposited in the United States
' mail, postage prepaid, addressed as follows:
56
, � � , , ' ' ,
( a) If to an Owner, other than Declarant, to the
address of any Lot in the Project owned by him in whole or in
part, or to the address last furnished by such Owner to the
� Board for the purpose of giving notice and delivering docu-
ments. Each Owner, other than Declarant, shall file in writing
_ with the Board promptly upon becoming an Owner, his address for
the purpose of giving notice and delivering documents and shall
� promptly notify the Board in writing of any subsequent change
of address.
(b) If to Declarant, whether in its capacity as an
�. Owner, or in any other capacity:
�
� Falcon Ridge Associates
�
� P .O. Box 122
� Renton, WA 98057-0122
��
t1� (c) Prior to the organizational meeting, notices to
� the Board shall be addressed to the address set forth in (b)
above. Thereafter, notices to the Board shall be addressed to
an address to be posted by the Board at all times in a con-
spicuous place. In addition, from and after the organizational
meeting, notice of the address of the Association shall be
given by the Board to each Owner, within a reasonable time af-
ter the Board has received actual notice of such Owner' s pur-
chase of a Lot.
� 21. 2 Conveyances; Notice Required
The right of an Owner to sell, transfer, or otherwise
� convey this Lot shall not be subject to any right of approval,
disapproval, first refusal, or similar restriction by the
Association or the Board, or anyone acting on their behalf. An
Owner intending to sell a Lot shall deliver a written notice to
the Board, at least two ( 2) weeks before closing, specifying:
the Lot being sold; the name and address of the purchaser, of
the closing agent, and of the title insurance company insuring
� the purchaser' s interest; and the estimated closing date. The
Board shall have the right to notify the purchaser, the title
insurance company, and the closing agent of the amount of un-
paid assessments and charges outstanding against the Lot,
whether or not such information is requested.
21. 3 Remedies Cumulative
The remedies provided are cumulative, and the Board
may pursue them concurrently, as well as any other remedies
which may be available under law although not expressed herein.
21.4 Successors and Assigns
_ This Declaration shall be binding upon and shall
inure to the benefit of the heirs, personal representatives,
57
. . • . � ,
. � � , , � .
successors and assigns of Declarant, and the heirs, personal
representatives, grantees, lessees, sublessees and assignees of
the Owners.
21. 5 Joint and Several Liability
In the case of joint ownership of a Lot, the
liability of each of the Owners thereof in connection with the
liabilities and obligations of Owners, set forth in or imposed
by this Declaration, shall be joint and several .
� 21.6 Mortgagee' s Acceptance
0� �
� 21.6. 1 Priority of Mortgage. This Declaration shall
� not initially be binding upon any Mortgagee of record at the
� time of recording of said Declaration but rather shall be sub-
N ject and subordinate to said mortgage.
u
� 21 . 6. 2 Acceptance Upon First Conveyance. Declarant
shall not consummate the conveyance of title of any Lot until
said Mortgagee shall have accepted the provisions of this
Declaration and made appropriate arrangements for partial
release of Lots from the lien of said Mortgage. The issuance
and recording of the first such partial release by said
Mortgagee shall constitute its acceptance of the provisions of
this Declaration and the status of the Lots remaining subject
to its Mortgage as well as its acknowlegement that such
- appropriate arrangements for partial release of Lots has been
made; provided, that, except as to Lots so released, said
mortgage shall remain in full effect as to the entire Property.
21 . 7 Severability
The provisions hereof shall be deeme� independent
and severable, and the invalidity or partial invalidty or
unenforceability of any one provision or portion thereof shall
not affect the validity or enforceability of any other
provision hereof.
21.8 Effective Date
The Declaration shall take effect upon recording .
21.9 FHA/VA Approval
As long as there is a Class B membership, the follow-
ing actions will require the prior approval of the Federal
Housing Administration or the Veterans Administration:
Annexation of additional properties, dedication of Common Area,
and amendment of this Declaration of Covenants, Conditions and
Restrictions.
58
. . • .
, , .
. � � , , ,
ARTICLE 22
PHASED DEVELOPMENT
22. 1 Development in Phases.
22. 1. 1 This Project will be established in one (1 )
phase but may be developed in more than one (1 ) phase. This
Declaration provides a description of: the land within all
phases which is hereby subjected to the Declaration; ; the land
to be developed as Phase 1 (Exhibit A) and the Common Areas and
� Lots within Phase 1 and subsequent phases (as shown on the �
� � Tract Map) . The provisions shall be effective immediately to
� establish this Project for all Phases and, including all the
� Land and shall be effective as to improvements thereon immedi-
tf�
� ately for Phase 1 all Lots and Common Areas and improvements
.,� included therein. The provisions regarding subsequent phases
� shall not be effective as to the development of subsequent
GO phases (including all Lots, Common Areas and improvements in-
cluded therein) under the Declaration until Declarant records
an amendment to the Declaration (and an amendatory Tract Map,
if necessary) , pursuant to Section 22.4.
22. 1. 2 For each subsequent phase developed following
Phase 1, the Declarant shall execute ana record an amendment to
this Declaration stating that said subsequent phase (including
all Lots and Common Areas and improvements included therein) is
- brought under this Declaration. From and after the recording
of said amendment, all of the buildings and other improvements
constructed within Phase 1 and subsequent Phases for which such
amendment has been recorded , shall constitute a single project
pursuant to the provisions of this Declaration.
22. 1.3 All Common Areas and facilities for each phase
will be utilized by Lot Owners of the next succeeding phase as
it is established, and the additional Owners will, after the
effective date of the subsequent phase, also share in the ex-
penses of such common facilities. Owners in a prior phase will
utilize the Common Areas and facilities for the subsequent
phases and also share in the expenses thereof.
22. 1.4 Declarant shall complete subsequent phases in
accordance with the plans and specifications prepared from time
to time by Declarant' s architect and as approved from time to
time by governmental authorities having jurisdiction thereof
and by the lender or lenders financing the construction of sub-
sequent phases. Improvements within subsequent phases will be
reasonably consistent with improvements in terms of quality of
construction.
59
. . � , • .
22. 2 Assessments for Subsequent Phases
Al1 assessments for the various phases shall utilize '
and be based on the number of Lots in the completed phases
until the succeeding phase is activated and commenced. The
. Declarant or Board may upon the activation of any phase re-
compute the budget and the assessments, and impose revised I
assessments based on the increased number of lots . I
22. 3 Easements for Phased Development and Adjacent '
Property
� 22. 3.1 In addition to the general easements reserved
� � in other sections of this Declaration, there is reserved a non-
�'� exclusive easement in favor of Declarant (and Declarant' s
� t�rj heirs, successors, assigns and purchasers) over and across all
� the land for ingress and egress and over and across easements,
J roadways, and utility lines specified or established in and for
t� completed phases, and the right to connect thereto is reserved.
� Such reservations are for the purpose either of completing
subsequent phases.
22. 3 .2 Declarant is obligated, pursuant to agreements
made by its predecessors in interest, to provide access and
utilities to that property directly east of the Falcon Ridge
site, which property is more particularly described in
Exhibit E attached hereto. Therefore, Declarant hereby grants
- to the owners of said property and their successors, a per-
petual, nonexclusive easement for access across the roads of
Falcon Ridge. Owners of said property shall also be entitled
� to tie into utility lines located in Falcon Ridge, provided
that said owners fully comply with the provisions of this Arti-
cle 22. For these purposes, said property shall be treated as
if it was owned by Declarant and coxnprised as part of this
Project. Nothing herein shall preclude Declarant from acquir-
ing said property and adding it to this Project.
22. 3. 3 The easements reserved under this Section 22. 3
shall entitle the Declarant (and Declarant' s heirs, successors,
assigns) , for development of each successive phase of the Pro-
ject, to tie into water, sewer, storm sewer, electrical, gas,
telephone or other utility lines of all varieties, and to con-
nect with roadways or utility systems developed and emplaced in
the completed phases of the Project; provided, however, that
Declarant shall bear the cost of tie-ins to said utilities and
roads and will not connect with said utilities in a manner that
impairs or significantly reduces the quality of the utility
service to the Lots described herein as Phase 1 and for the
Lots in a subsequently completed phase; provided further, if
said tie-ins cause an increase in the cost of delivering
affected utility services to Phase 1 and for any subsequent
_ completed phase, that cost shall be borne by the Declarant.
60
�
, . � , _ ' '
22.4 Phased Amendment.
It is specifically covenanted and agreed that
� Declarant, upon Declarant' s sole signature, and as attorney-
in-fact for all Lot Owners with an irrevocable power coupled
_ with an interest, may file the amendment to the Declaration
(and to the Tract Map, if necessary) as provided under subsec-
tion 22. 1 .2, said amendment to contain and depict such informa-
tion and data as is necessary to reflect the development of a
subsequent phase of the Project. Such amendment will not re-
quire the consent of any other Owner other than the Declarant
so long as the property described in the phase is with the
t�• total Project description included herein by the nature of
� allocating assessments are not modified, provided, the
� Declarant may in its sole discretion determine the final
il� boundaries for each and every parcel of property comprising
e"� each subsequent phase completed. In all other respects, the
� proposed location and configuration of Lots and buildings may
� be changed, and information detailing such changes may be in-
cluded in Declarant' s amendments. Declarant shall execute an3
record said amendments for each subsequent phase when: (a) the
buildings, and other improvements in said phase have been sub-
stantially completed to the standards required by the lender or
lenders financing construction of said phase; and, if appli-
cable, (b) a sufficient number of Lots within said phase have
been pre-sold (that is, been made subject to a binding execu-
tory contract of sale and purchase) in accordance with the
- requirements of the lender or lenders financing construction of
said phase.
22.5 Liens Arising in Connection with Phases
At the time the amendment incorporating a subsequent
phase into the Project is made, no lien arising in corinection
with the Declarant' s ownership of, and construction of improve-
m�nts upon, the subsequent phase land will adversely affect the
rights of existing Lot Owners, or the priority of first mort-
gages on Lots in the existing Project. All taxes, assessments,
mechanics liens, and other charges affecting a subsequent phase
land will be paid or otherwise satisfactorily provided for by
the Declarant.
22.6 Binding Effect
The provisions of this Article 22 shall constitute
irrevocable convenants running with all of the land described
herein and shall be irrevocably binding upon Declarant (and its
heirs, successors and assigns) with respect to all of said
_ land.
61
' • ' • � , •
, � . , , ,
, , � ' �
22.7 Limitation of Declarant' s Rights
22.7. 1 It is understood that the total Project ( if
` all phases are completed) shall include not more than one
hundred and thirty-eight (138) actual Lots. Where the project
_ is developed in phases, the two (2) year period referred to in
Section 6 shall be deemed to be a five (5) year period commenc-
ing with the first conveyance of a Lot within Phase 1, and the
seventy-five percent (75$) of sales referred to in Section 6.2
shall be calculated with reference to all Lots in Phase 1 and
other subsequent phases in fact completed.
i� 22.7 .2 If the United States Veteran' s Administration,
� Federal Housing Administration and/or Federal National Mortgage
� Association is involved in the financing of the construction of
�
� the Project or the purchase of a Lot located therein, the
Declarant covenants to build each phase in accordance with
� plans approved by said Administration and/or Association office
� having jurisdiction over the geographical area in which the
Project is located, provided such approval is not unreasonably
withheld or delayed.
22.7 . 3 If the United States Veteran' s Administration,
Federal Housing Administration and/or Federal National Mortgage
Association is involved in the financing of the construction of
the Project or the purchase of a Lot located therein, the
Declarant covenants not to record the Declaration Amendment
- referred to in Section 22.4 without the prior written approval
of said Administration and/or Association office, provided such
approval is not unreasonably withheld or delayed.
22.7 .4 Declarant' s right to develop phases by amen3-
ments under Section 22.4 shall expire seven (7) years after
initial Declaration recording .
DATED this �_ day of o„uq,� , 198�
IN WITNESS WHEREOF, Declarant has executed this Declar-
ation the day and year first hereinabove written. �,
DECLARANT: II
FALCON RIDGE ASSOCIATES
' By
Its �
62
, . . , , r ,
� � � ' �
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On ���, 19 `�i"�", before me, the undersigned, a
_ Notary Pu lic i an for said State, personally appeared
� - , known to me to be the '���S,a�� of
FA CON RIDGE AS OCIATES, the corporation that executed the
within instrument, known to me to be the person who executed
� the within instrument on behalf of the corporation therein
� named, and acknowledged to me that such corporation executed
L� the within instrument pursuant to its Bylaws or a resolution of
`^�' its Board of Directors.
ll9
e-�
� WITNESS my hand and official seal .
0.� . .. .
�� `. , ' .�"�.
� -� ,
` L � '� �
Notary Public in and for the �; �• �:
State of Was ington, residing •�,..'��_-•
at �ll u '. . - ,.,? , `�
_ GDH/CLP:kj
11/14/84
63
. . . , r .
. . � � � � �
EXHIBIT A
Lots 1 through 131, inclusive and Tract A,
. FALCON RIDGE (Cedar Ridge) according to the
plat thereof recorded in Volume 129 of
plats, pages 51 through 57, inclusive,
� records of King County, Washington, being
�j an amendment of Lots 1 through 138,
L7 inclusive, and Tract A, CEDAR RIDGE
�'� RESIDENTIAL PARK, according to the plat
� thereof recorded in Volume 119 of Plats,
ri
� pages 5 through 10, inclusive, records of
� King County, Washington. Situate in the
� City of Renton, County of King, State of
Washington.
_ CH:gm
1/25/85
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, EXHIBI'.[' "::'•
� larr] referr� to i*► this c�:it�r�ent is situated in the State of
� k�:zimton, Co•.�ty of King a�n is 6esc:ibed as follous: '
� � Zhat portion of the North�+�est cLarter of the Northeast quartez of
� Section 20, z�or�:Lship 23 North, Fcange 5 East k.M. , in Ring County,
tn i►as.�iagto�, lying t�ortheasterly of the City of Seattie Cedar River
ri Fi�linp Rig�t of ka}-, Northerly of a Z00 foot Puget Soty�c PoWer a.�
� Light C�,.z*n• Tza.��ission Lir� Ri:ht o� W�v;
� "s.�.F'I the No:;h 250 feet of the iast 400 feet th�zeo�;
A�^ EX.r_�' th:t per�ion of the Ncrthra�st cuarter of �� tvorthe�st
cti:.�rtEz o: Se�tion 20, �owns.�ip 23 North, Fcanae 5 East k.!'.. , in Ring
� Co�^�y, w�:�inctoa, described � foliows:
�ecir..�ir�g �t the North�st cornez of said subCivisioa, s:.id point being
� �.� tr�e i.^.t of bec in.�ing;
F�
ther�ce South 89°56'37" East, alo:� th� Norttierly lir:its of saic
�
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sti:�civisio.,, a distz.xe of 92..E7 fee�,
o � n �
. t�e:�ce Sout.� Ol 43 3E West a dis�.ance of 818 •
, .33 feet,
th�^.ce So�st� 71°OS'12" West, a cis�.xe of 109.48 �eet to a point on
' th� North�asterly z,a.rgin of the City of Seattle Ceder River Pipeline
- P.ic}t of k�y;
ti��r,�e 2�or" ��°20'15" West �o:�g s:id North�asterlv z,ar:in, P dis�.*�ce
_ o� 1,14E.20 feet to � point on tne ikesterly lin��i�s of szi� subdiLisio�;
th�r�.^.e Nort:n Ol°46'02' East along said kesterly li��its, a distatk:e of
33.14 feet to the true point of begiruiing;
F.LSC that p�rtion of the Northeast quarter of the Northeast quartez of
szid Sectio� 20 lying tartherly of a 200 foot Puget Sour�d Power ar�d
Light Ca�pany Shuffelton Transmission Line Right of kay;
AIS4 that p�rtion of the Nortberly 35 feet of a 200 foot Puget Sour�d
Power ar�d Light Campany Shuffelton Transnission Line Right of �riay,
iying Easterly of tbe City of Seattle Cedar R.iver Pipeline Right of Way
in the Noztheast quarter of sai,d Sectio� 20, as measured at a ric�ht
angle bo the NortY�erly line thereof.
Situate in tbe City o: Renton, Oaunty of Ring, State of iiashin�gton.
� _ .
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a dis`ance of 2305. 23 feet fram the na�t►'�east
� cowne= a= szid Secyio^ 20 , tnence n�=�hwesterly
�y �.long a cu=-ve to the le`t having a ra�ius of
� 157 .5? �e�� a dis�a^^e o�� 89,24 feet (�:�e :.ong
I � chord o� w:ich bea�s ha��h 64°SS '10" Wes� a
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� West a cistance a� 35C .22 feet; thence no��hwest-
�' r� 1 •. ,- � �; gh'� h�t•in� a �z�_Ls
e:._y � an� a cu_ve ..� tae .. ..
� o�' 197 .�7 .eet a dis:ance c� 148.27 �'ee:. (the
� lo�g char3 0` which bea_s ho_yh 56°24 ' 30" �est .
a cista.�ce af 144 . 82 �eet) to a �int� in an
existing county ro�d, said rr�int beino Sou_h '
27° 3� ' 00" kest a dis�a.-�ce ,cF 1256 .5+ fee� ;r��
the nar�-,.heast co=ne: of sz�d Sectian 20; �SeacR
' Nost:: ��°0�' 30" Ea�t a C�s:.�n�e of 15 . 00 fee�
'� t� t:�e ^�r POI�T aF ��a_.�;I:�c of sai3 +::�e;
- tnen�� no��:�westerlt• �r:L.�c a c�.:..�`ve �� �he le`t,
hzz*inc a �a�ius o� 2:.2 . 57 �ee�, con��_ni^; �a
centwal a:�g2e of 43°OC ' OC" a cisi.ance a` ��9 . 53
feet, thence northwes4er�y, around a c�:=ve to
the right, having a radius. of 130.15 feet,
con�aining a central a„ng?e of 58°41' 30" an arc
distance of 131. 61 feet; thence North 19°53 ' 00"
West a distance af 70 feet, more or less, , to a
point on the southerly margin of the nartherly
35 feet of the Puqet Sound Power � Light trans-
mission line and the te�.inus of said cen�ezline.
SUBJEGT TO: Easements, �restzictions and sese=va-
tions of recard. .
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� , � � , EXHIBIT "C" , ' , '
CITY OF RENTON, WASHINGTOPd
ORDINANCE N0. 3554
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
, GRA.NTING UNTO BELTERRA DEVELOPMEPZT CORPOR.ATIOTI, A
CORPORATION, ITS SUCCESSORS AND ASSIGNS , THE
RIGHT, PRIVILEGE�, AUTH�RITY APdD FRANCHISE TO
CONSTRUCT, MAINTAIII AND USE FOR INGRESS AND EGRESS
AND OTHER STREET PURPOSES A STREET, THROUGH AND
BELOW CERTAIN DESIGNATED ROADWAYS AND PUBLIC '
i. PROPERTIES OF THE CITY OF RENTON, STATE OF
0� WASHINGTON.
t1�
� 3E IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE
�
ri
J CITY OF REi1TON AS FOLLOWS :
►l�
GO Section l : There is hereby given and �ranted unto
Cedar Ridge Associates , a Washington limited partnership , its
successors and assigns for a period of 25 years from the takin,
effect of this Ordinance , the right, privilege, authority and
franchise to construct , repair, maintain and alter a Street
together with all appurtenances thereto , for street purposes
' including but not limited to the right of ingress and egress to
the Cedar Ridge Residential Park Plat as more particularly
described on Exhibit A, �ahich is made a part hereof and
incorporated herein as fully set forth (hereinafter "Plat") ,
under, over, below and through certain public rights-of-way and
other public lands within the City of Renton, all as more
particularly described on the attached Exhibit "B" which is a.ade
a part hereof and incorporated herein as if fully set forth
(hereinafter "Street") .
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� 4 ' ' '
Section 2: This Franchise is granted upon the express
i condition that it shall not be deemed or held to be an exclusive
Franchise and shall not in any manner prevent the City of Renton
- from granting other or further franchises in, along, over,
through, under, below or across any of said rights-of-way,
� streets, avenues or all other public lands and properties of
tl�
� every type and description; and such franchise shall in no way
�i
�I � prevent or prohibit the City of Renton from using any of said
�
� roads, streets or other public properties or affect its juris-
diction over them or any part of them, with full power to make
all necessary changes, relocations, repairs, maintenance, estab-
lishment, improvement, dedication of same as they may deem fit,
including the dedication, establishment, maintenance and improve-
ment of all new rights-of-way and thoroughfares and other public
properties of every type and description.
- Section 3: Grantee shall construct and maintain the
Street on the public property described in Exhibit B herein and
construction shall be under the supervision of and upon the
inspection of the City Public Works Director and Grantee shall
construct the street substantially in accordance with the plans and
specifications as set forth on Exhibit C which is attached hereto and
incorporated herein by this reference which has been approved by
the City Public Works Director and pursuant to the Final PUD
Resolution No. 2406 on the property.
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Section 4 : This Ordinance shall be void if Grantee
shall not within thirty days of the adoption of this Ordinance
' file its written acceptance thereof with the Clerk of the City
, of Renton. All costs of publication for said Franchise shall be
borne, in addition to all other fees, by Grantee. �
Section 5: The Grantee, its successors or assigns �
�
� ` shall commence construction work under this Franchise within one
il�
C7
� year from and after the date of passage thereof and all such work
�� shall be completed with the greatest amount of dispatch. If at !�
tl� �
� the end of one year from and after the granting of this
Franchise, the Grantee, its successors or assigns, shall not have
constructed and have in operation upon rights-of-way the Street
and appurtenances thereto, then in that event the rights hereby
conferred upon the Grantee shall automatically cease and
terminate.
. Section 6: Grantee shall maintain the Street in a good
state of repair, as approved and accepted by the Public Works
Director of the City of Renton, whose approval shall not be
unreasonably withheld.
Section 7: Grantee, its successors and assigns, agrees
and covenants to indemnify and hold harmless the City of Renton
from and against any and all liability, loss, cost, damage,
whether to person or property, or expense of any type or nature
which may accrue to the City by reason of the construction, main-
tenance, repair and alteration of the Street by Grantee, except
for the negligence of the City; provided, however, that in case
' any suit or action is instituted against the City by reason of
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. any such damage or injury, the City shall cause written notice
thereof to be given unto Grantee and Grantee thereupon shall have
the duty to defend any such .suit or action, without cost or
� expense to the City.
� Section 8 : The City of Renton reserves unto itself the
� right and po��Ter at all times to reasonably regulate in the public
�
v interest and for the public �aelfare the exercise of the franchise
�
aD
rights granted herein.
Section 9 : Grantee shall have no recourse whatsoever
against the City of Renton for any loss , cost, expense or damage
arising out of any provision or requirement of this Franchise or
the enforcement thereof. This Franchise does not relieve the
- Grantee of any requirement of any City Ordinance, rule or regu-
lation or specification of the City, including but not limited to
any requirer_Zent relating to street work, street excavation per=
mits and fees therefor, or the use, removal or relocation of
property and streets except that the Grantee shall have the right
to have access to the Plat through the Street and shall build the
street pursuant to Section 3 . No privilege nor exemption is
granted or conferred unto Grantee by this Franchise except those
specifically prescribed herein, and any such privilege claimed
under this Franchise by the Grantee in any street shall be sub-
ordinate to any prior lawful occupancy of the street or any
' subsequent improvement or installation therein.
.
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Section 10 : On or before the lst day of January of
� each year during the term of this Franchise, Grantee shall pay
� unto the City, in consideration of the issuance af this
Franchise, a sum of $10.00. '
�
� " Section 11 : Grantee shall cause to be filed a record
U?
A
� upon the property described in Exhibit A, covenants , conditions
H
vand restrictions binding the Cedar Ridge Homeowners ' Association
�
� to maintain the Street as provided in Section 6 and to indemnify
the Cit_y pursuant to Section 7 . The Declarations and Covenants
sha11 be substantially similar to the follo�ing:
The Homeowners ' Association shall be responsible
for all costs of all maintenance of the Street and shall
maintain the Street in good state af repair for the term '
of this Franchise in compliance with all the Cit I
y ,
� ordinances , rules and regulations . �
� The Homeowners ' Associat�on shall keep and protect
and save the City of Renton its employees , from and against
any liabilities, loss , cost , damage, whether person or �
property or expense of any tvpe or nature which may accrue
to the City by reason of construction, maintenance, repair
or alteration of the Street bv the Homeowners ' Association.
Section 12 : The Franchise herein granted and created '
and the restrictions here im osed and the a reements herein
P S
contained shall run with the property described in Exh�.bit A and
shall inure to the benefit of and be binding upon the parties j
. I
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hereto and their respective successors , grantees and assigns and
shall inure to the benefit of each owner hereinafter.
' Section 13 : Upon application to the City Council of
� the City of Renton by Grantee , the Council may author�ze Grantee
C�
ato install and construct in City streets additional streets , as
', � contemplated in Section 1 hereof, in a manner satisfactory to the
��j City Council; such additional installations shall be subject to
�
all of the terms and conditions of this Franchise and to any such
aclditional conditions as may be prescribed by the Citv Council as
to any such additions ,
PASSED BY THE CITY COUNCIL this 15th day of June, 1981 .
. � � a -
De ores . Mea , Cit C er
APPROVED BY THE MAYOR this 15th day of June-, 1981 ,
�G.h�sG��✓ • �,
Barbara Y, inpoc , Mayor
Approved as to form:
�a� �
awrence J, arren, Citg_:Attorney
Date of Pub�.ication; June 19, 1981
I� -
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ACCEPTED BY GRANTEE, CEAAR RIpGE ,ASSQCI�ITES t a Washington �it��.ted �
r partnersh.ip , th.is �� � da,y of ,Tune, �.48�,
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