The URL can be used to link to this page

Home My WebLink AboutRC 9305101991 r �� . ' [ • j'' • � Swan Meadow UivisiQn II � , , FP-93-017 DECLARATION OF COVENANTS, CONDITIONS RESTRICTIONS AND EASEMENTS FOR SWAN MEADOWS DIVISION NO. II THIS DECLARATION made this�day of April, 1993,by the owner("Declarant")of certain real property situated in the State of Washington and more accurately described in Eachibit"A" attached hereto and incorporated herein by this reference. ARTICLE L DEFINITIONS 1.1 Association: "Association"shall mean and refer to Swan Meadows Division No. II Homeowner Association,a Washington nonprofit corporation,its successors and/or assigns. 1.2 Assceiation Action: "Association Action" shall mean and refer to a written corporation action of the Association in the form of either a byla�m or resolution duly passed by either the Board or the Owners. 1.3 Board: "Board" shall mean and refer to the board of directors of the Association. 1.4 Declarant: "Declarant" shall mean and refer to Daniel Swanson and Kim Swanson,husband and � wife,their successors and/or assigns if such successors and/or assigns acquire all or substantially all of , the then undeveloped portions of the properly described in Exhibit"A". � T 1.5 Deciaration: "Declaration"shall refer to this instrument,as the same may be supplemented or � amended from time to time. � 1.6 Common Area: "Common Area" shall mean all real property owned by the Associadon for the ' � common use and enjoyment of the members of the Association. C� ir 1.7 Development Period: "Development Period" shall mean and refer to that period of time beginning on �, the date of this DeclaraUon and ending whenever any of the following first occur: (i)Six(6)years from the date hereof,or(ii)upon receipt of written notice from Declarant to the Association in which Declarant elects to ternunate the Development Period. �� 1.8 Swan Meadows Division No.II: Swan Meadows Division No. II shall mean and refer to that certain real property known as"Swan Meadows Division No.II"which is legally described on Exhibit"A" attached hereto and incorporated herein by this reference,and such additions thereto as may hereafter be brought within the terms and conditions hereof by an appropriate recording. li 1.9 Properties: "Properties" shall mean and refer to that certain real property herein before described, and such addidons thereto as may hereafter be brought within the jurisdiction of the Association. 1.10 Lot: "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of Common Area. � 1.11 Owner: "Owner"shall mean and refer to the record owner,whether one or more persons or entities, ' of a fee interest in any Lot which is a part of the Properties,including the Declarant,contract purchasers and those who own by Deed of Trust,but excluding those having such interest merely as security for the performance of an obligation. �, I • 1 . . r , r . ' . � ARTICLE II. SWAN MEADOWS DIVISION NO.II 2.1 Association: The Association is a nonprofit corporation organized and e�sting under the Laws of the State of Washington charged with the dudes and vested with the powers prescribed by law and set forth in the Governing Documents,as they may be amended from dme to time;provided, however,that no Goveming Documents other than this Declaradon shall for any reason be amended or otherwise changed to interpreted so as to be inconsistent with this Declaration. 2.2 Association Board: During the Development Period the Declarant shall manage the Association and shall have all the powers of the Boazd set forth herein. The Declazant may,from time to time,select a temporary board of not fewer than three(3)persons who need not be Owners to manage the Association during the Development Period. The temporary boazd shall have the full authority to manage the Association under the Goveming Documents and shall be subject to all provisions of the Governing Documents;provided that,after selecdng a temporary board,Declarant may at any time,terminate the temporary boazd and reassume its management authority under this Section 2.2 or select a new temporary board.Upon termination of the Development Period,the terms of the temporary Board selected by the Declarant,if any,shall terminate and the Board shall manage the Association as provided herein. The Board shall be elected from among the Owners,as provided in the Bylaws of the Association. � 2.3 Votes: Every Owner shall be a member of the Association and shall be entitled to cast one vote in the Associadon for each Lot owned. A vote shall not be separated from ownership of the Lot to which it 0 relates;provided,however,that when more than one entity holds the beneficial fee interest in any Lot,the � vote therefor shall be cast as the Owners among themselves deternune,but in not event shall more than v one vote be cast with respect to any Lot;and if the several Owners of a Lot are unable to agree as to the � casting of their vote, such vote shall not be counted. l3� 2.4 Owner's Compliance with Governing Dceuments: By acceptance of a deed to a Lot,recording of a real estate contract conveying tide to a Lot,or any other means of acquisidon of an ownership interest,the Owner thereof covenants and agrees,on behalf of himself and his heirs,successors,and assigns,to observe and comply with all terms of the Governing Documents and rules and regulations duly promulgated pursuant to Associadon Action. 2.5 Rules and Regulations: The Board on behalf of the Associadon shall ha�e the power to adopt, modify,and amend rules and regulations governing the use of Swan Meadows Division No. II,provided that such rules and regulations shall not be inconsistent with this Declazation.The rules and reguladons shall apply uniformly to all Owners,except as specifically provided herein. The Boazd shall have the power to enforce the rules and regulations on behalf of the Association and may prescribe penalties for the violation of such rules and regulations,including but not limited to suspension of the right to use the Common Areas or portions thereof. Any such rules and regulations shall become effecdve thirty(30)days after promulgation's and shall be mailed to all Owners prior to their effecdve date. A copy of the rules and regulations then in force shall be retained by the secretary of the Association. The Declarant on behalf of the Board may adopt the inidal rules and regulations. 2.6 Architectural Control Committee: Within thirty(30)days of the execuUon of the Declaradon, Declarant shall appoint an Architectural Control Committee of three(3)or more person. The members of the Committee need not be members of the Association.One member of the Committee shall be appointed for a term of one(1)year,one member shall be appointed for a term of two(2)yeazs,and the third member shall be appointed for a term of three(3)years. Thereafter,members of the Committee shall be appointed for three(3)year terms. After termination of the Development Period,the Board shall appoint members to the Committee,who need not be members of the Association,as vacancies occur. , t • , ' � . � 2.7.1 Scope and Purpose: The Committee shall review proposed plans and specifications for construction of all residences and other structures within Swan Meadows Division No. II,and including any additions,exterior alterations,landscaping,clearing,painting and excavation.The Owner shall submit architechual and landscaping plans and specifications to the Committee for its review. The Committee shall adopt and publish rules and procedures for the review of such plans and specifications. It shall be the obligation of each Owner to be familiar with the rules and procedures of the Coxnxnittee. 2.7.2 Approval Procedures: A preliminary application for approval must be submitted in writing by the Owner to the Committee at the registered office of the Association. Within fifteen(15)days following receipt of a preliminary application,the Committee shall notify the Owner in writing as to whether the application is complete and,if not,of any addidonal information that may be required before the Committee can review the applicadon.The application must,in form and substance,comply with the Committee's rules and procedures.The Committee shall re�iew the application in accordance with the provisions of this Section 2.7 as soon as possible after a complete application has been filed.The decision of a majority of the members of the Committee shall be the decision of the Committee. One copy of approved plans will remain in the Committee's files. All disapproved plans will be returned to the Owner. 2.7.3 Failure of Committee to Take Action: Except as provided in Secdon 2.7.5 below,in the event that the Committee fails to respond to an Owner's complete and properly submitted application within twenty(20)days after the Committee has notified the Owner that the application is complete, Tformal written approval will not be required,and the provisions for approval shall be deemed to have been � fully complied with,provided that the minimum requirements as set forth herein have been met. O � 2.7.4 Committee's Obligations: The Committee,in its deliberations and in the discharge of its � obligations hereunder,shall act objectively and fairly in making decisions concerning various plans, �'`� specifications,plot plans and landscape plans submitted to by various Owners for consideration in � accordance with the provisions of this Declaration.Further,the deternunations of the Committee as to noncompliance shall be in writing, signed by the Committee,and shall set forth in reasonable detail the reason for noncompliance.The Committee may approve,approve with conditions,or disapprove an application or any part thereof. In all cases the ultimate responsibility for saxisfying all local building codes and govemmental requirements rests with the Owner.The Committee shall be held harmless from building requirements not complied with. 2.7.5 Ezceptions and Variances from Committee Requirements: The Committee may,upon application,grant exemptions and variances from the rules and procedures of the Committee and the requirements of this Declaration when the party requesting such exemption of variance establishes to the satisfactions of the Committee that the improvement or other matters which are desired by the applicant are aesthedcally as appealing, suited to climatic conditions,and compatible with the overall character of the development as are similar improvements or matters which conform to the requirements of this Declaration.Requests for an exemption or variance shall be submitted in writing to the Committee and shall contain such information as the Committee shall from time to time require. The Committee shall consider applications for exemption or variance and shall render its decisions within thiriy(30)days after nodce to the Owner of proper submission.The failure of the Committee to approve an application for an exemption or variance shall constitute disapproval of such application. 2.7.6 Failure of Owner to Comply: Failure of the Owner to comply with the rules and ' procedures of the Committee or the final application as approved by the Committee shall,at the elecUon of the Association's Board exercised after thirty(30)days written notice to such Owner,constitute a violation of this Declaration.In that event,the Board shall be empowered to assess a penalty commensurate with the violation which shall constitute a lien against such Lot,enforceable as provided herein and/or pursue any other remedy at law including,but not limited to an action for specific performance. . � . . , • 1 ' � • . � ARTICLE III. ASSOCIATION BUDGET,ASSESSMENTS,AND LIENS 3.1 Assessments: By acquisition of any ownership interest in a Lot,the Owner thereof covenants and agrees thereby,on behalf of himself and his heirs,successors,and assigns,to pay the Association, in advance,all general and specific assessments levied as provided herein. 3.2 Budget: The Association shall prepare,or cause the preparation of,an operating budget for the Association at least annually,in accordance with generally accepted accounting principles.The operating budget will set forth all sums required by the Association,as estimated by the Association,to meet its annual costs and expenses,including but not limited to all management and administradon costs, operating and maintenance expenses of any Common Areas.The funds required to meet the Associadon's annual expenses shall be raised from a general assessment against each Owner as provided hereafter.The Associadon may revise the operating budget after its preparation at any time and from time to time,as it deems necessary or advisable i order to take into account and defray addidonal costs and expenses of the Association. ' n rmine and le in 3.3 Le of General Assessment: The Association shall by Association Acho dete vy �'Y advance on every Owner a general assessment. The amount of each Owner's general assessment shall be — the amount of the Association's operating budget divided by the sum of the number of Lots. The � Association shall make reasonable efforts to determine the amount of the general assessment payable by � each Owner for an assessment period of at least thirty(30)days in advance of the beginning of such O period and shall at that time prepare a roster of the Owners and the general assessment allocated to each, which shall be open to inspecdon by any Owner upon reasonable notice to the Associadon. Notice of the � general assessment shall thereupon be sent to each Owner;provided,however,that notification to an C"� Owner of the amount of an assessment shall not be necessary to the validity thereof. l7` 3.4 Payment of General Assessment: Upon Association Action,installments of general assessments may be collected on a monthly,quarterly,semi-annual,or annual basis. Any Owner may prepay one or more installments on any assessment levied by the Associadon without penalty. 3.5 Special Assessments: In addition to the general assessments authorized by this Article,the Association may,by Association Action,levy a special assessment or assessments at any time,applicable to that year only,for the purpose of defraying,in whole or in part,the cost of any construction or reconstruction,inordinate repair,or replacement of a capital improvement located upon or forming a part of the Common Areas,including necessary fixtures an personal properly related thereto,or for such other purpose as the Association may consider appropriate;provided,however,that any such special assessments in excess of$250.00 per Lot must have the prior favorable vote of two thirds of the Owners. 3.6 Effect of Nonpayment of Assessment: If any assessment payment is not made in full within thirty (30)days after it was first due and payable,the unpaid amounts shall constitute a lien against the Lot assessed and shall bear interest from such due date at a rate set by the Board in it rules and regulations which shall not exceed the highest rate then permitted by law.By acceptance of a deed to a Lot,recording of a real estate contract therefor,or an other means of acquisition of an ownership interest,and whether or not it shall be so expressed in any such deed or other instrument,each Owner shall be deemed to grant, thereby to the Association,it agents and employees,and to Declarant during the Development Period,the right and power to bring all actions against such Owner personally for the collection of such assessments as a debt,and to enforce the liens created by this Declaration in favor of the Association by foreclosure of the continuing liens in the same form of action as is then provided for the foreclosure of a mortgage on real property.The liens provided for in this Declaration shall be for the benefit of the Association,and the . ' � • / Association shall have the power to bid at any lien foreclosure sale and to acquire,hold lease,mortgage, and convey the Lot foreclosed against. 3.7 Lien for Payment: Declarant hereby creates in the Association perpetually the power to create a lien in favor of the Associadon against each Lot,to secure to the Association the payment to it of all assessments,interest,costs,and attomey's fees;and Declarant hereby subjects all Lots perpetually to such power of the Associadon. Such lien shall arise in accordance with the terms of this Declaradon without the necessity of any further action by the Association. Such lien shall become a continuing lien in the amount of the stated assessment from the time of the assessment,but expiring pro rata as the assessment payments are made,and shall also be the personal obligation of the person or entity who is the Owner of the Lot at the time of the Assessment. The personal obligation to pay a prior assessment shall not pass to successors in interest unless expressly assumed by them;provided,however,that the case of a sale or contract for the sale of any Lot which is charged with the payment of an assessment,the person or entity who is the Owner immediately prior to the date of such sale shall be personally liable for the amounts of the monthly installments due prior to said date,and the new Owner shall be personally liable for monthly installments becoming due on or after such date.The foregoing limitation on the duration of the personal obligation of an Owner to pay assessments shall not,however,affect the validity or duration of the continuing lien for unpaid assessments against the respective Lt. 3.8 Reserves for Replacement: As a common eacpense,the Association shall establish an maintain a reserve fund for replacement of the Common Areas and any improvements thereon. Such fund shall be -- deposited with a banking institudon.The reserve fund shall be expended only for the purpose of effecting � the replacement of the Common Areas and any maintenance and/or improvements as deemed necessary � by the Association and or any governmental authority for that certain storm sewer located as described on O the face of the plat between Lots 4 and 5. The Association may establish such other reserves for such other purposes as it may from time to time consider to be necessary or appropriate.The proportional � interest of any Owner in any such reserves shall be considered an appurtenance of his Lot and shall not be C'7 separately withdrawn,assigned,or transfened from the Lot to which it appertains. lT` 3.9 Eaemptions: Any and all portions of Swan Meadows Division No. II dedicated to and accepted by the City of Renton or other public authority shall be exempt from assessments by the Association. ARTICLE IV. USE COVENANTS,CONDITIONS,AND RESTRICTIONS 4.1 Authorized Uses: Lots in Swan Meadows Division No. II shall be sued solely for residential purposes and related facilities normally incidental to a residential community.During the Development Period, no Lot shall be further subdivided without Declazant'prior written approval. Thereafter,no Lot shall be further subdivided,except as permitted in this Declaration and any Supplemental Declaration,without prior approval confened by Association Action. 4.2 Tree Cutting or Removal: No tree shall be cut or removed without the express approval of the azchitectural control committee and necessary permits obtained from the City of Renton in accordance with the regulatory compliance with City ordinance. A copy �f the restri cti ve tree cutti ng note is attached hereto as Exhibit "B". 4.3 Animals: No animals,livestock,or poultry of any kind shall be raised,bred,or kept;provided, however,that dogs,cats,or other conventional household pets may be kept if they are not kept,bred,or maintained for any commercial purposes.No domestic pet may be kept if it is a source of annoyance or nuisance.The Association shall have the authority to deternune whether a particular pet is a nuisance or a source of annoyance,and such determination shall be final and conclusive.Pets shall be attended at a all times and shall be registered,licensed,and inoculated from time to time as required by law. When not . � . , . , confined to the Owner's Lot,pets with Swan Meadows Division No. II must be leased and accompanied by a person responsible for cleaning up any animal waste. 4.4 Commereial Uses: No commercial enterprise,including itinerant vendors,shall be permitted on any Lot;provided,however, that the Association may,by adopting rules and regulations,permit specified home occupations to be conducted if such occupadon will not,in the reasonable judgment of the Associadon,cause traffic congestion or other disrupdon of the Swan Meadows Division No. II community; and provided that said home occupations are licensed by the City of Renton and the approval of the City must be obtain and evidence of that approval is provided to the Association;and provided further that no signs or advertising devices of any character shall be permitted. 4.5 Vehicle Storage: No storage of goods,vehicles,boats,trailers,trucks,campers, recreational vehicles or other equipment or device shall be permitted in open view from any Lot,except this shall not exclude temporary(less than 24 hours)parking of vehicles on the designated driveway areas adjacent to garages on the Lots.Upon 48 hours notice to the owner of the improperly pazked or stored vehicle,boat,or other equipment,the Association has authoriry to have removed at the Owner's expense any such items visible from the street that are pazked on any Lot or within the public right-of-way for more than 24 hours. 4.6 Garbage: No garbage,refuse,or rubbish shall be deposited or left in Swan Meadows Division No. II unless placed in a suitable covered container.Trash and garbage containers shall not be permitted to _ remain in public view except on day of trash collection.No incinerator shall be kept or maintained, and CT no burning of any trash, refuse,or scrap of any kind shall be pernutted. T 0 4.7 Mining Prohibited: No portion of Swan Meadows Division No. II shall be sued for the purpose of boring, mining,quarrying,or exploring for or removing oil or other hydrocarbons, minerals,gravel,or � earth. C'7 lT 4.8 Signs: Except for entrance,street,direcdonal,. traffic control,and safety signs,and such promotional signs as may be maintained by Declarant or against or contractors thereof,or the Association, no signs or advertising devices of any character shall be posted or displayed in Swan Meadows Division No. II, provided,however,that one temporary real estate sign not exceeding six(6)square feet in area may be erected upon any Lot or attached to any residence placed upon the market for sale or lease. Any such temporary real estate sign shall be removed promptly following the sale or rental of such Lot or residence. 4.9 No Obstruction of Easements: No structure,planting,or other material shall be place or pernutted to remain upon Swan Meadows Division No.II which may damage or interfere with any easement or the installation or maintenance of udlities,or which may unreasonably change,obstruct,or retard direction or flow of any drainage channels.No decorative planting,structure or fence may be maintained within an easement azea unless specifically approved by the Architectural Control Committee. 4.10 Owners'Maintenance Responsibilities: The maintenance,upkeep,and repair of individual Lots and homes shall be the sole responsibiliry of the individual Owners thereof,and in no way shall bit be the responsibility of the Associadon, its agents,officers or directors. Owners shall maintain their Lots and homes in good repair and in a clean, sightly,and sanitary condition at all times. Without limitation as to the foregoing,each Owner shall be obligated to keep his Lot and home in a clean, sighdy and sanitary condition and maintain the landscaping on his Lot in a healthy and attractive state and in a manner comparable to that on the other Lots in Swan Meadows Division No. II.No storage of firewood shall be permitted in front yards. After thirty(30)days written notice to an Owner from the Association of such Owner's failure to so maintain his home or Lot,and after approval of a two thirds majority vote by the Board or other Association committee to which such oversight responsibility shall have been delegated, the Association shall have the right,through its agents and employees,to enter upon any Lot which has been found to violate the foregoing standards in order to restore the home or Lot to such standards.The cost of such work shall be a special assessment on such Owner and his Lot only. 4.11 Nuisances Prohibited: No noxious or offensive activity shall be conducted in any portion of Swan Meadows Division No. II,nor shall anything be done or maintained therein in derogation or violation of the laws of the State of Washington,King County,or any other applicable govemmental entity.Nothing shall be done or maintained on any portion of Swan Meadows Division No. II which may be or become an annoyance or nuisance to the neighborhood or detract from the value of the Swan Meadows Division No. II community. The association shall determine by Association Action whether any given use of a Lot or living unit unreasonably interferes with the rights of the other Owners to use and enjoyment of their respecdve Lots and Living Units,or the Common Areas,and such deternunation shall be final and conclusive. ARTICLE V. COMMON AREAS 5.1 Maintenance of Common Areas: The Association shall maintain,repair,replace,improve,and otherwise manage all of the Common Areas so as to keep them in good repair and condidon and shall conduct such additional maintenance,repair,replacement,construction,or reconstrucdon as may be � determined pursuant to Association and/or the City of Renton to promote the recreation, health, safety, and welrfare of the Owners. This section refers to all common areas not sold or deeded to the City of � Renton.The Association shall not take any action to limit or eliminate the maintenance responsibilities as � may be required by the City of Renton without its approval. C`7 � ARTICLE VL ENFORCEMENT 6.1 Right to Enforce: The Association,Declarant,or any Owner, shall have the right to enforce,.by any appropriate proceeding at law or in equity,all covenants,condidons, restrictions,reservations,liens,and charges now or hereafter imposed by the provisions of this Declaration.Failure or forbearance by any person or entity so entifled to enforce the provisions of this Declaration to pursue enforcement shall in no event be deemed a waiver of the right to do so thereafter. 6.2 Remedies Cumulative: Remedies provided by this Declaration are in additions to,cumulative with, and are not in lieu of,other remedies provided by law.There shall be,and there is hereby created,a conclusive presumption that nay breach or attempted breach of the covenants,conditions,and restrictions herein cannot be adequately remedied by an action at law or exclusively by recovery of damages. 6.3 Covenants Running with the Land: The covenants,conditions, restricdons,liens,easements, enjoyment rights,and other provisions contained herein are intended to and shall run with the land and shall be binding upon all person pwchasing,leasing, subleasing,or otherwise occupying any portion of Swan Meadows Division No. II,their heirs,executors,administrators,successors,grantees,and assigns. All instruments granting or conveying any interest in any Lot shall be subject to this Declaration. ARTICLE VII, AMENDMENT AND REVOCATION 7.1 Amendment by Declarant or Association: Declarant may,on their sole signatures,during the Development Period,amend this Declaration and record one or more Supplementary Declarations to extend the provisions of this Declaradon.This Declazadon may also be amended at any dme by an instrument executed by the Association for and on behalf of the Owners,provided,however,that such amendments shall have received the prior approval of a vote of the Owners having sixty(60)percent of the total outstanding votes in the Association;and provided,further,that no such amendment shall be valid during the Development Period without the prior written consent of the Declarant. 7.2 Effective Date: Amendments shall take effect only upon recording with the King County Recorders office or any successor recording office. ARTICLE VIII. GENERAL PROVISIONS 8.1 Tazes: Each Owner shall pay without abatement,deduction,or offset,all real and personal property taxes,general and special assessments, including local improvement assessments,and other charges or every description levied on or assessed against his Lot,or personal property located on or in the Lot. 8.2 Transfer of Certain Utilities: Declarant and the Association after the Development Period, may transfer and convey any sewer,water, storm drainage,or other general utility in Swan Meadows Division No. II to a public body for ownership and maintenance,together with any necessary easements relating mthereto,and each Lot sha11 become burdened and benefited thereby. � --- 8.3 Non Waiver: No waiver of any breach of this Declara6on shall constitute a waiver of any other 0 breach,whether of the same or any other covenants,conditions or restricdon. Ll') O 8.4 Attorneys'Fees: In the event of a suit or action to enforce any provision of this Declaration or to � collect any money due hereunder to foreclose a lien,the unsuccessful party in such suit or action shall pay � to the prevailing party all costs and expenses,including tide reports,and all attorney's fees that the prevailing party has incurred in connection with the suit or action,in such amounts as the court may deem to be reasonable therein,and also including all costs,e�cpenses,and attorneys'fees incurred in connection with any appeal from the decision of a trial court or any intermediate appellate court. 8.5 No Abandonment of Obligation: No Owner,through his non use of any Common Area,or by abandonment of his Lot,may avoid or diminish the burdens or obligations imposed by this Declaration. 8.6 Interpretation: The capdons of the various articles,sections and paragraphs of this Declaration are for convenience of use and reference only and do not define, limit, augment,or describe the scope,content or intent of this Declaration or any parts of this Declaration. 8.7 Sever ability: Invalidation of any one of these covenants,conditions restrictions,easements, or provisions by judgment or court order shall in no way affect any other of the same,all of which shall remain in full force and effect. 8.8 Notices: All notices,demands,or other communications("Notices")pernutted or required to be given by this Declaration shall be in writing and,if mailed postage prepaid by certified or registered mail, return receipt requested, shall be deemed given three days after the date of mailing thereof,or on the date of actual receipt,if sooner. Notice to any Owner may be given at any Lot owned by such Owner;provided, however,that an Owner may from time to time by Notice to the Association designate such other place or places or individuals for the receipt of future Notices. If there is more than one Owner of a Lot,Notice to any one such Owner shall be sufficient.The address of Declarant and the Association shall be given to each Owner at or before the time he becomes an Owner. If the address of Declarant or the Association shall be changed,Notice shall be given to all Owners. 8.9 Applicabie Law: This Declaration shall be construed in all respects under the laws of the State of Washington. IN WITNE WHEREOF,the undersigned Declarant has executed this declaration the day and year first a e n. , — - - /��^-�-- � '`'�-�--� D L SWANSON,Declarant KIM SWANSON,Declarant State of Washington, ) County of King � ss. On this day personally appeared before me DANIEL SWANSON and � KIM SWANSON, to me known to be the individuals described in and who 0� 0 executed the within and foregoing instrument, and acknowledged that jthey signed the same as their free and voluntary act and deed, for � the uses and purposes therein mentioned. S GIVEN under my hand and official seal this 29th day of April, 1993 �� ,,�„�„��a�� Notary Public in and for the State ��••��AM eq•,o� of Washington, residing at Renton .� P /� �,, My appointment expires 11-9-94 .`� yJ;�a`��1�N Eko�,�N '• . • . • � :� NOTARY 9c�r��: : � p • � - _.*— � , � ; ��: Pl!3LI� ' � : .e�2•., �. .�.p': . , �,� �. . ti, � �,�� ao. O >�,. ,. City File No. FP-93-017 Swan Meadow Div. 2 EXHIBIT A LEGAL DESCRIPTION: TRACT 230, C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADDITION TO THE � CITY OF SEATTLE DIVISION 4, ACCORDING TO THE PLAT THEREOF RECORDED IN � VOLUME 11 OF PLATS, PAGE 82, IN KING COUNTY, WASHINGTON; EXCEPT THE SOUTH 181 O � FEET THEREOF. i� � SITUATE IN SE 1/4 OF SEC. 5, TWN. 23 N., R. 5 E., W.M. i . � � - -- — --- - ( • � • - ' � . . � . , ,' File #FP=93-Q17 . . j Exhibit "B" ��p199t � ---------- i• :._..�o b� � •---. _ , U �_____ I' 1101 ^ , o-,-- -------- � Z� � � 121E 5 ❑ ,_� � � � ' �t�1 � ° �_ _� � ;aJ.�� Q .1424 A --. !25 t � ' �.! � . b ^ _�-'� " o� b i631. J I �7 � U � i Jo' _---=37.3---.-�-.� E�,} -}- �---------- �� ' 1 I iw it �� , r 1531»__ � ' a_ !6 t4-------- c 13 � � --- . �, _� t. , a �16 4;., ib; � � t �o[S � ion 251.J W ,i � � i :5=_J -n+�--3-Q= -Z,1.j --- T` -r-T�- 2 76'� � r _"`t . ti +�' - ---� " ' _ � �.„� ~ i ! y1��4 �16f1� � I k' ' ' .5_ I ��o� � � i � ¢ M1��'�'.1 'ot_r'-� �t tt{'_�z • �-�i t �- - t '2 S� �� ^ � �� ^u // � � � .� y �- -- �n �� H t �:.; �( ,� S j�,� / �y' --�` � `_ i -a - t /j� � sr ,i � �i �n N� I I Q '_._ W • — . � i � � , o „ � o A �+L.J"y i � �� 1609 �' q _ �.rv `�'�� q�M�� t� <y S � � t � Q � O I 60 � I �� Jp ` � � �` � i 02 �� . � � N M1 � I i, , Gr.� LlO�c.l � 70 ;d.20�" -a t2 2t ;c+ ''S.^.S ! , J�� ia1.° iU� i . - O ' �� 16 TH ST. `` � �� , � r . ti r , , : 1� d�Z � IO2.J :� � 75 �6 I .-J i 95 io�J �85 i o3 t�I:.;io;� _ �L T rzn o,*� } I ' i S3 � i (�F��}J ti � � � j �i � 1 _ i t � � � � _ ."1 � ,�ig--,_. �,i , ', i � � 1532 � {,�,,�� I `„ o L�'J � -��" � � 1 � i `C� _ � �zlI ;��J:, I � t_7 � � �t t (__ N _ � , � } �� f�'i'� _... ��I.__ �I _=N�_,''i�*.__�^ � _s___. rk --�-i � �' ':`' I -- . `_'�'ol �N I r N __ j <t :'� � � i�i7 i� ( � ___f y tSEb :t `r� ''i i �� p : �� 3 `g � , a 2 4 =�'?�j___, � � _ _ � ( _.�_ ,,,,�__�� -._�__-� � _�62 !_ -� � o ' i�7 i 'n I501 ; �u, � ;i .. �-_-�- �1 3 � IS � 05 ^� O � _ "� � � � (�}g ------! I � '1 � L" S � .C�.-Y U _40 �j} ',,�"'i ��_�-•-- -�__ -- p - -'zsi.-3 , t-- - � 2!3 �� - -- �' � �'^ iaz � I la C7 ' !5 I � �" � � � c�vt5 4 I I_00 :', _ � -- � r.� I _� , I � {� � �. 4 �� 3 rF l_L.1 -3Q_.___ �1.! ------- -------- - � j �_____� ,� -' +j 5 � Z � wf3 ' �} -± ' -- --�_� �� 1-i7 I i !4 a -1�� e� � , o �" t17 1 24 _1 t ` ---� ' � 0 6 � �.... � 12 i---- ;— R � -----t � r�------ E Iy I 0° ( � Idl6 : � --;sU_ �� Q „�ti � �� J141 � i�..___–� �� __.� i�� $, .,=v;:l._ . . _ Q ;� li � �� I I '19. o � � -- � 7 � ArT- i�'�� 14 �9 �, 2.�� `°' i'�,-} �3 !� !4 8 �� (� s � ,�� ` G-____1 �-,- -� �t� Z G, 6 �� 'Or:, �S �0 � '1-'�y ' G 1400' � 13 3 � I �I v0 . _ - fi 8 �.` 9 �";a_ s'tS�___ ._ toa__!1� Id - - ( � t-- � '_:,.. _ _..-� � --.--. �k _=�_—_ 4 � so i � � 1..� Zsr _1��., --„��;;;,,`%' "t�,-- �N.�. r 4 T N s T. o v. --- -..��a z. , �.�"."'$ h q ^ � _ . ,� � ,n '.- ' 3o roo�r i i 7 7Z< � Q _ i d_�� a -_—_–_—� y13`�} � ' � t .. m .. �,/� � 1319 ; _ ' �� 5 r� -- --24.�----- � =5 .3 r^ 'hn r �-� � ` ` � � � � � (�'� � � --_- - _ a i}-- l,, }g' t 1 1317 h '� J. w 13`'b 1 0 � O b I'�` 1317 w "� f�� ,zo.a � i3: a, rn�.� �. ---- � - --------- T � � Y 1 � J13 7 n W � � 12 --- -�- - --; 4�--`� r - --- --- ' �29 roiii � Z �� t a � 13 I ° t� �2� � 4 0 70 _ ioo y- �.'-JZ- 1 i3dl ^---i"6.l5=52.6.i.07,-- ,� 7 � 96.3 ��:4 io� I W '^ ( ;5.. 3 � �; 1112' i j � � � 1 �"3 -- --;� � 6�� °; �t 3t 11: Q Iz! ; I rsa :i I � _ � 12 '4 o , i , t it � rJ iM+'.� � '--' -'--"-!'�''- I �S,'.1 tl 'T� i' �� `, I 1` �.1 1 '� '_1_ .`"_..��__ � i : t � i l a 'tl � (,� _ _' ' � ' 4 � � � i � �,,\` 2i o, � E-... �',I`vr i3 ' � y , � 1209 o m �� j � � I �� ,�� i-1�_ ioir� �"- t--�oi tr •� `o Q ��CJJ'''�} �':.,° f � � � �., � �O � .1\ � � ^� Q {�J'} 40 p ' • � � �� N'�I O ' N I f� N �� g�� ("�✓1 � a o�r�� .� i N t ' r.w � � � 1 N 11.� � q�L��TI � r"�' 14 Y, ..! �_� tt?.. 40 t1Ft5 � (.2.DAi g3ad A � B�.5 ' � 7tl N"O.J `�Ll� 7S eti� 5�- `' pos. =5?.3 � L .t� .�,�.,'�` �2TN .._, ._..._.�. -�T. _. �. ,.... -,. � �.�,_..�._.._ � . �....�.� .cs `►�4_ ,�;� Y�� - - Yrcr�r,��'��'-�,�` i � �,� I �1 , . . ., .. .. . . . ..y_••-r��,tS.;�{..a.��. _ , - -- -- — ---�— — — - . .. . .., � . :..r. . . . _..�.+�+IMwNFd'�3 � a�"*` ! ""_"' _.._.,.+.�ext1Y.'#p+a+�R...�....`...�..__.__.._"_._' _' ' ......._.r..o.e....naw...._�_� .. -_ . � ,. ._y.YiMY1Y��1(�111'—��'�• . -......_�....w . . ...�....�......«v....�.�. ..»_«�._...__ + _... __, . + �5`a��91 �3 . PL,�1 T O� S W�►l�l M,��1 D C� W L.�I V1 S'l C�>N .,� 9303(20773 � . � a PC?f?TlOIV C1F� TNE SE 1/4 QF TfIF- S'� �f�- CJF� 5'E��C TION 5, T�IrVN 23 N. �, RANGE 5 E., W.M., lN TNE C,'l TY OF� REN !�N, VV.�Sf!lN��i�ON � � L U�1 -- �.:3-- � � �---_.F-f=� .__�_:-��,..- _ _ �E _ _ I C=.�� GItAPIiIC SCAI,i�; +^ ��, M 9 � � ,�� I l! _ _.._ �. S' 9 54 09 �E .�52,37 ' ------ _l -- — _i: f_��^,�_r ---- 1 . z_t��.�a--�-- i.... .. . .. . . - � � � r-�-----`----`t r---------'•--i �� ( IN FrF:1' ) ' � � i 8 F!R TREFS AP('ROY. 1.7' bl,�'t. i in�h - 4o tk - � �" t�r F: ro �1 � , ,:� _ ' + + Tt1t.:SF Tl.'t.i_.`; 70 fi'L�'.f�JN ' p �f3'� f?� OVE `� i ; ��. � � i i � � ` ';, � i i i � � i i � a.o' D!A rrrz; o W � � � `� � � ' � . � � �E RE_MqVE.D �� `� �-J �---- -� � ' � - � r- , � � ' ` �,. a • .-------------, � � � � � i � 1 i y? • � ' �. `------------� i'l � J P7 ; 2 8"�MAD ONA ` °- � {!'j � � 7C1 BrE RE OVE � � � � _ � 2 � J �.. � , q - � ' 2.5' Dlr� F1R TO tJ � �` REMOV£iD - -- �___ ^7_______, — W ;-------------; NE �3 TH PL , � _ _..... .— �. � � 2.o� a , FIR roe � ---------_—_ -----_ ..� _.__— �. � �„R�,uav �o tz�counr,vc �vo. , � � a � ,^--------------- `. � ; ,k� s" Mat��t A ro t ; � O i 3 :� MOVED �`,`` 8 i __ t/��t j ��'1�,"{;�,'-''�'� � � �,> � ' � i � � f r -- - / =-- -- --..._�_..�� ` ' � OI�VJ�1Ef?fAPPLiCtiN f ' �----__' �� .. Z � , z ( -----, �-- � �- . , ; ; -- - _., o = � ! '� �,"�') ( Ci TY OF RF_N 7"C1N ---- -- � ; � 3 r2'` corron�w000s �o � o � . - � `� BE REMOVEd �` ~ -`" � , i !? ��G,31 3 '. � ; q. ``, ;` ; `'' , '� 2077� � > ; � , , , . _ __1--- ' . � � � ' � � � !�'^n,t. nFc� �nrrrn�'tnt,.l ; ��^ �` � i � 1_{...�,.Mf t.. J./ �.a�' . �1 � � �� '. ` } � �'��,, '��' ��7 r---- ~ t�� `� TRfVCT 230� C.D. HILLMl�N'S Ll1KE WA5flINGTON GARDEN . ' ;.�� ,'� � � '�� . QF F_£?EN AOfJ(T(QN TO TNE Ct rY C?F SEAT7"LE DlUtSiQN 4, �� ! , `t `� , ACCORQINr TrJ THE' PLAT THEf?OF (�'ECORDED IN VOLUME' 11 !� , /�� 5 � � �, �. `� ; �' OF PLA7S, PAGE 82, !N KlNG COUNTY, WASNINGTON; , �' �� ; �� i� ; EXCEPT THE SQtiFH t8't FEET TNEREOf: " � �-------- ----_1 �_____ � • � ` ----- ----------------� �_� ��, S17"UATE !N SF_ i/� CJF SE 1/4 S�C, 5, TWN. ?_3 N., j'' W.M., !N 7f-!E ClTY OF" RF_NTON, WAStfINGTC7lV. � r' � 9 33��(�„ w 2$2,2�j' 4 FlR TREES AF'PROX 1.6' TO :.O' DlA ! � � rH�s� 7tz��s ro R�M��N ' � TRE'E REPL�ICEMENT NOTEfC01/ENAIVT � a TREES' HA 4�'lNG A D(AMETER GREA TER TtfAN ElGf fT INCHES AND MORE THAN FIF7EF_"N FEET OUTSIDE OF TNE APPROVED BUILDJNG F"OOTPRINT (AS MEASUREb f"ROM TNE� EDGE � QF TNE BUfLt1tNG OR OR(VEWAY TO TNE TRUNK OF AlVY TREE) 5HALL NOT BE REMOVEC7 � WITHOUT A ROUTINE VEGETATION MANAGEMEN7 PE'RMIT ISSUED BY THF_ CITY OF cr RENTCIN. !!V ADDITlON, ANY 7'REES OF ElGNT lNCHES OR Mt�RE !N DlAMETER rTr�r ARE REMOVED WlTN OR WlTHC7UT' A SUCH PERMlT SHALL BE REPLACE_D ( ACGORDING T`O �1 PLAN APPROVED BY THE GITY OF RENTON'S PLANNING DEF'ARTMENT) AT DAN SWANSONS EXPENSE AT TNE FOLLOW!!VG RATiOS: 1. FOR EAGH 12'" DIAMETER DECIDUOUS TREE TO 6'E REMOVED, THREF_ ?." DInMETER NORWAY MAPL.E,OR OTHF_R CaMPAT113LE 5PE'ClES AS APPR�1rEC1 BY TNE ClTY QF RENTON, SHALL BE PLAlVTED AS APPROVED ON TNE LOT. , 2. FOR EACH 12" OF GREATEfi D(AMETEf? QEC QUOUS TREE TG7 E REMOVEQ, AND FOR EACf-! 2' IN DIAMETER GREA TER THAN THE �2' f l4',16",18', ETC.� AN ADDI TIONAL 2" t)tAMETER NORWAY MAYLE, Of? C?TNER CQMPATABLE SPECIE_ AS APt'RQYEQ BY THE ClTY OF RENTON, SHALL BE PLANTED AS APPROVE'D ON 7HE LOT. ' 3. FOR EACH 8" TO 12"' DlAMETER OF GREATER EVERGREEN ('CONIFEROUS) TREE TO QE REMOVE, THREE 6" 7O 8" NlGH APPROVE'D EVERGREEN SPEClES SNALL BE PLAN7Et�. 4. FOR EACH 12" DIAMETER OF GREATEI? EVERGREEN TREE TO BE REMaVF_D AND FOR EAGH 2" DJAMETER GREATER TNAN 92" (14';�6';18'; ETC.) AN AC?DIT7QNAL 2" DtAMET�R 6 FOOT TO 8 FOOT HlGN APPROVED EVEf2Gfi'EE'N SPECIES SHALL BE PLANTED. 7HE REPLACEMElVT OF REM0I�ED TREES SHALL BF_ !N ACCQRDAlVCE Wl71-1 T!-!E ClTY OF RENTON TREE PALNTlNG STANDARDS. ALL. REF'LACED TREES SHALL 8E PROPERLY STAKED, FERTlLlZEO AIVD MAlNTAINED BY A LAIYDSCAPE MA(NTENAlVCE SERVlCE, FOR A MlN(MUM PERIC7D OF TWO YEARS FROM THE DATE (?F PLA�ITING. lN ADDITION TO THE ABOVE NOTES, THE APPLICANT MAY WISH TO INCLU�JE A NOTE RF_Gt�fZL)!NG THE' TREES POINTED GtJT !N TNE PL�tN PROtflt7Et7 BY THf� APPLIC�INT. THESE TREE RETElVTIOlY AND MAlNTElVANCE STANDAF'OS WrLL BE RECORDED F-OR EACH LOT � .+��b�� +► . � I . � I .