HomeMy WebLinkAboutRC 20170301001613 When Recorded, Return to:
CITY OF RENTON
City Clerk Division
1055 South Grady Way, Suite 728
Renton, WA 98057
20170301001613
CITY OF RENTON COV 89.00
PAGE-001 OF 017
03/01/2017 15:43
KING COUNTY, WA
DECLARATION OF COVENAN T5, GONDITIONS, AND
RESTRICTIONS FOR CITY OF RENTON SHORT PLAT LUA14-
000568-SHPL-A (AKA THE "CEDAR HIGHLANDS SHORT PLAT")
Grantor: Merlino Land Development Co., Inc., a Washington corporation
Grantee: Merlino Land Development Co., Inc., a Washington corporation
Legal Description (abbreviated): Lots 1 through 7 and Tract A, City of Renton Short Plat No.
LUA14-000568-SHPL-A, as recorded in Volume�5`� of Short
Plats, pages2�-7�tL, and recorded at King County Recording
Number �2p►�o3c�i`lpoc�3
a Additional legal on attached Exhibit"A"
Assessor's Tax Parcel ID#(s): 000720 0194 and 202305 9085
Reference Nos.of Documents Released or Assigned: None
covenants-Cedar Highlands Short Plat(FINAL 01-27-2017)
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
FOR CITY OF RENTON SHORT PLAT LUA14-000568-SHPL-A (AKA
THE "CEDAR HIGHLANDS SHORT PLAT")
THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR CITY OF
RENTON SHORT PLAT LUA14-000568-SHPL-A (AKA THE "CEDAR HIGHLANDS SHORT PLAT") is
made this � day of January 2017, by Merlino Land Development Co., Inc., a Washington
corporation ("DeclaranY').
Article I Purpose and Intent; Binding Effect
1.1. Purpose and Intent. Declarant, as owner of the real property described in Exhibit"A,"
intends by Recording this Declaration to provide for the use and preservation of the real property now
and hereafter comprising the Properties.
1.2. Bindinq Effect. All property described in Exhibit"A"shall be owned, conveyed, and used
subject to all of the provisions of this Declaration, which shall run with the title to such property. This
Declaration shall be binding upon all Persons having any right, title, or interest in any portion of the
Properties, their heirs, successors, successors-in-title, and assigns.
This Declaration shall be enforceable by the Declarant, the Association, any Owner, and their
respective legal representatives, heirs, successors, and assigns.
Article 11 Concepts and Definitions
The terms used in this Declaration shall generally be given their natural, commonly accepted
definitions unless otherwise specified. Capitalized terms shall be defined as set forth below.
2.1. "Areas of Common Resqonsibilitv": (a) Tract A of the Short Plat, (b) the storm drain
pipes and appurtenances lying within the Private Drainage Easements depicted on Sheet 3 of 4 of the
Short Plat and described on Sheet 2 of 4 of the Short Plat under the heading "PRIVATE DRAINAGE
EASEMENT AND MAINTENANCE OF THE DRAINAGE IMPROVEMENTS LYING WITHIN THEM" and
(c) common areas [as defined by RCW 64.38.010(4)], if any, that may be contained in any portion of the
Properties.
2.2. "Association": The Cedar Highlands Homeowners Association, a Washington nonprofit
corporation.
2.3. "Board": The Board of Directors of the Association as defined in the Bylaws; provided,
however, that the initial Board of Directors shall consist of only one director.
2.4. "Builder": Any Person who purchases one or more Lots for the purpose of (a)
constructing improvements for later sale to consumers and/or (b) resale in the ordinary course of such
Person's business.
2.5. "Common Expenses": The actual and estimated expenses incurred, or expected to be
incurred, by the Association related to the Areas of Common Responsibility, including any reasonable
covenants-Cedar Highlands Short Plat(FINAL O1-27-2017) Page 1
reserve, as the Association may find necessary and appropriate to maintain and repair the Areas of I
Common Responsibility in the manner described in Sections 4.1 and 6.1.
2.6. "Declarant°: The person identified on the signature page of this Declaration, or any
successor or assign who takes title to any portion of the property described in Exhibit"A"for the purpose
of development and/or sale and who is designated as a Declarant in a Recorded instrument executed by
the immediately preceding Declarant or assigned all or a portion of DeclaranYs rights hereunder. Upon a
designation of a successor Declarant, all rights and responsibilities of the former Declarant in and to
such status as "DeclaranY' under this Declaration shall cease. At any time that more than one person
holds any rights as a Declarant, a single Declarant may (a) exercise any of the DeclaranYs rights
described herein over that portion of the property owned by the single Declarant and (b) shall not be
required to obtain the concurrence of any other Declarant who does not hold an ownership interest in the
portion of the property over which a single Declarant desires to exercise sole authority, except for
amendment of the Declaration, which shall require the concurrence of both Declarants unless otherwise
agreed by the Declarants in writing. A single Declarant may conditionally or permanently assign to the
other Declarant all of a DeclaranYs rights hereunder, by Recorded instrument.
2.7. "Declaration°: This Declaration of Covenants, Conditions, and Restrictions, which
creates obligations that are binding upon the Association and all present and future Owners of any
portion of the Properties.
2.8. "Governina Documents": The Articles of Incorporation of the Association, the Bylaws of
the Association, and this Declaration, as any of such documents may be amended from time to time.
2.9. "Local Jurisdiction°: Any governmental authority having jurisdiction over the Properties
for a matter described in this Declaration. A Local Jurisdiction may include the State of Washington, the
County of King, the City of Renton, or a local sewer or water district or other governmental entity
assigned authority by law to regulate activities in the Properties. A Local Jurisdiction may refer to
different governmental authorities, depending upon which governmental authority is assigned
responsibility to regulate activities described in this Declaration.
2.10. "LoY': Each of Lots 1, 2, 3, 4, 5, 6, and 7 of the Short Plat of the real property described
in Exhibit"A."
2.11. "Member": Every Owner is a Member of the Association.
2.12. "Mortqacle": A mortgage, a deed of trust, a deed to secure debt, or any other form of
security instrument affecting title to any Lot. A "Mortqaqee" shall refer to a beneficiary or holder of a
Mortgage.
2.13. "Owner": One or more Persons who hold the record title to any Lot, but excluding in all
cases any party holding an interest merely as security for the perFormance of an obligation. If a Lot is
sold under a Recorded contract of sale, and the contract specifically so provides, the purchaser under
the Recorded contract of sale (rather than the fee owner)will be considered the Owner.
2.14. "Person": A natural person, a corporation, a partnership, a limited liability company, a
trustee, or other legal entity.
2.15. "Properties": The seven lots and one tract of real property described in Exhibit"A".
._._�__________._____...... ...... .._. .----_..__._.__.. ._... ---_----..._
covenants-Cedar Highlands Short Plat(FINAL O1-27-2017) Page 2
2.16. "Record," "Recordinq," or "Recorded": To file, the filing of, or to have filed of record in
the Public Real Estate Records of King County, Washington. The"Date of Recordinq" shall refer to that
time at which the short plat of the real property described in Exhibit"A"is Recorded.
2.17. "Rules and Requlations": Owner-adopted rules and regulations that establish
administrative procedures for governance of the nonprofit corporation serving as the homeowners
association, and operating procedures for use of the Areas of Common Responsibility.
2.18. "Sale" or"Sold" shall mean the date upon which ownership of a Lot is transferred from
an Owner to another person or entity by the Recording of an instrument of transfer such as a deed or
real estate contract.
2.19. "Short PIaY': The Recorded short plat of the real property described in Exhibit "A,"
together with all requirements, responsibilities, and/or obligations of the Homeowners Association
described or referenced in that Recorded short plat.
Article III Restrictions on Lots
3.1. Restrictions on Buildinqs Constructed on Each Lot. On each of the seven Lots, the only
building permitted to be constructed is one one-story (with an attached garage) or one two-story home
(with an attached garage) of typical wood-frame construction. (Construction of basement homes is
hereby prohibited.) In addition to strict compliance with standard applicable City of Renton building
setbacks, each home is hereby required to be built in strict conformance with both (a) the special
required minimum setbacks from the top of the engineered protected slopes referenced on Sheet 3 of 4
of the Recorded Short Plat and(b)the SETBACK NOTES on Sheet 2 of 4 of the Recorded Short Plat.
3.2. Restrictions on Discharqe of Stormwater Runoff from Lots. To avoid impacts to the
engineered protected slopes in Tract A that abut the Lots, discharge of stormwater runoff and discharge
of irrigation water from any portion(s) of any of the seven Lots (including, without limitation, stormwater
runoff from roof drains, yard drains, patios, or yard areas and runoff from lawn and landscape irrigation)
by any means onto the abutting slope in Tract A is strictly prohibited. The Owner of each Lot is
responsible for making sure that such discharge of water from that Owner's Lot onto the abutting
engineered protected slope(s) in Tract A never occurs.
3.3. Chanqing Lot Contours and Drainaqe; Subdivisions. Neither (a) the surface grade or
elevation of the various Lots nor(b) the drainage patterns of the Lots shall be altered or changed in any
manner without first obtaining required permit(s) or other express written approval from the City of
Renton. No further subdivision of any Lot is allowed. The sale of less than a whole Lot is expressly
prohibited.
3.4. Disposal of Garbaqe. The Owner of each Lot shall ensure that no garbage can or other
receptacle will be visible from any place outside the residence on such Lot except on collection day.
3.5. Prohibited Materials. In order to protect the environment, critical areas, and water
quality, each Owner must take necessary precautions to prevent any of the following materials from
being released onto and/or from the Owner's Lot and entering any surface or subsurFace part of the
public drainage system and/or private drainage system:
(i) Petroleum products including, but not limited to, oil, gasoline, grease, fuel oil, and
heating oil;
covenants-Cedar Highlands Short Plat(FINAL Ol-27-2017) Page 3
(ii) Trash and/or debris;
(iii) Animal waste;
(iv) Chemicals and/or paint;
(v) Steam cleaning waste;
(vi) Washing uncured concrete (A) for cleaning and/or finishing purposes or (B) to
expose aggregate;
(vii) Laundry wastes or other soaps;
(viii) Pesticides, herbicides, or fertilizers;
(ix) Sewage;
(x) Heated water;
(xi) Chlorinated water or chlorine;
(xii) Degreasers and/or solvents;
(xiii) Bark or other fibrous material;
(xiv) Antifreeze and/or other automotive products;
(xv) Lawn clippings, leaves, or branches;
(xvi) Animal carcasses;
(xvii) Silt;
(xviii) Acids or alkalis;
(xix) Recreational vehicle wastes;
(xx) Dyes, unless prior permission has been granted by the Local Jurisdiction; and
(xxi) Construction materials.
, Article IV Maintenance and Re air
p
4.1. Maintenance of Areas of Common Responsibilitv. The Association shall maintain the
Areas of Common Responsibility in accordance with Section 6.1. Without limiting the scope of the
immediately prior sentence, in view of
(a) Mitigation measures 6 and 7 of the City of Renton's administrative conditions of the
approval of the short plat of the land leading to the Recorded Short Plat [mitigation
measures that are set forth on page 17 of 18 of the City's Environmental Review
Committee Report and Administrative Report & Decision (dated September 15, 2014
and signed by the City's Planning Director, Jennifer Henning, on September 19, 2014)
under Renton File No. LUA14-000568, ECF, SHPL-A, MOD—the"Report&Decision"],
b The third sentence of the last ara ra h in the "Im acts" discussion of subsection 1
� ) P 9 P p
(Earth) of Section C (Environmental Impacts) of PART TWO: ENVIRONMENTAL
REVIEW of the Report & Decision (which paragraph and which third sentence are set
forth on page 6 of 18 of the Report&Decision'), and
' That third sentence of the"Impacts"discussion states:
Staff supports encompassing Tract A with a NGPE with the Home Owners Association (HOA)
having responsibility for basic tree maintenance, provided the work is conducted outside the
jurisdiction held by WSDOT through the several easements(20-foot perpetual ingress/egress,
12-foot terminable ingress/egress, 35-foot ingress/egress and utility, and an 80-foot soil nails
per KC recording no.20110802000538).
' Note that the "35-foot ingress/egress and utility" easement referred to in that sentence is not an easement
granted to WSDOT. Thus, WSDOT has no jurisdiction under that easement. However, WSDOT has
._____, .___.._._..__._._...m__._.__.�..____...�__.�._.._...,_._._�.____._._____.___._.._. ......... ...... .__. _d........._ .....,.......__.....__.n..._
, covenants-Cedar Highlands Short Plat(FINAL 01-27-2017) Page 4
(c) The last paragraph of the TRACT A NOTE in the right column of Sheet 1 of 4 of
the Recorded Short Plat [a paragraph that states: "SHEET 3 OF 4 HEREOF
DEPICTS THE APPROXIMATE LOCATION OF A WOOD SPLIT-RAIL FENCE
IN THE SOUTHEAST PORTION OF TRACT A. THAT FENCE IS LOCATED AT
OR NORTH OF THE NORTH EDGE OF A CITY OF RENTON-REQUIRED 75-
FOOT-WIDE STREAM BUFFER THAT EXTENDS PARTLY INTO TRACT A
FROM A CLASS 3 STREAM LYING WITHIN A PARCEL OF LAND TO THE
SOUTH OF TRACT A (A PARCEL THAT IS OWNED BY THE STATE OF
WASHINGTON). AS PART OF MITIGATION MEASURE 7 OF THE CITY'S
SEPTEMBER 19, 2014 ADMINISTRATIVE SHORT PLAT APPROVAL
DECISION FOR THIS SHORT PLAT, THE CITY OF RENTON REQUIRES THAT
THE CEDAR HIGHLANDS HOMEOWNERS ASSOCIATION MAINTAIN THIS
FENCE."],
the Association is and shall be responsible for the following:
, (i) Basic tree and vegetation maintenance of the portion(s) of the two areas of the
, Native Growth Protection Easement ("NGPE") located within Tract A that lie
outside of both (A) the 20-foot-wide perpetual ingress/egress easement and the
80-foofinride soil nails easement set forth in an instrument Recorded under King
County Recording No. 20110802000538 and (B) the 12-foot-wide terminable
ingress/egress easement Recorded under King County Recording No.
20150600007212and
(ii) Maintenance of the constructed wood split-rail fence in the southeastern portion
of Tract A, the approximate location of which is depicted on Sheet 3 of 4 of the
Recorded Short Plat.
jurisdiction as a beneficial interest holder in each of the three other easements referenced in that sentence:
namely, (a) the 20-foot-wide perpetual ingress/egress easement and 80-foot soil nails easement that are set
forth in an instrument Recorded under King County Recording No. 20110802000538 and(b)the 12-foot-wide
terminable ingress/egress easement that is set forth in an instrument Recorded under King County
Recording No. 2015060000721. The approximate areas of Tract A where those three easements are located
are set forth on Sheet 3 of 4 of the Recorded Short Plat.
2 For the location of each of the two areas of the NGPE, see both
(a) The paragraph on Sheet 2 of 4 of the Recorded Short Plat that is entitled
"NATIVE GROWTH PROTECTION EASEMENT" [a paragraph that in part states
`THE TWO AREAS OF TRACT A DEPICTED AS "PROTECTED SLOPE"
AREAS ON SHEET 4 OF 4 HEREIN ARE EACH HEREBY DECLARED TO BE A
NATIVE GROWTH PROTECTION EASEMENT ("NGPE") SUBJECT TO THE
EASEMENTS DEPICTED ON OR OTHERWISE REFERRED TO ON THIS
SHORT PLAT']and
(b) The cross-hatched areas on Sheet 4 of 4 of the Recorded Short Plat (and the
explanation of the cross-hatching noted in the LEGEND on Sheet 4 of 4 of the
Recorded Short Plat).
covenants-Cedar Highlands Short Plat(FINAL 01-27-2017) Page 5
NOTE: The Bill of Sale that Declarant is tendering to the City of Renton for recording with the King
County Recorder [along with the following documents for recording with the King County Recorder: (A)
the Short Plat, (B) this Declaration, (C) a Deed of Dedication to the City of Renton for additional Cedar
Avenue South right-of-way, (D) a Drainage Easement to the City, and (E) an Easement for Sidewalk to
the City) itemizes certain infrastructure improvements that Declarant is conveying ownership of to the
City. Among other things, that Bill of Sale includes in the list of items being conveyed to the City as part
of the STORM DRAINAGE SYSTEM a Storm Facility described as a
"Detention Vault in Cedar Ave. S.3 along with (1) two outlet pipes (a 42-LF 12" dia.
primary vault outlet pipe and a 38-LF 6" dia. gravity vault maintenance drain pipe) located
partially in Cedar Ave S and partially in a Drainage Easement that is being conveyed to
the City of Renton by separate instrument in conjunction with the recording of the above-
referenced Short Plat and (2) the following items located in that Drainage Easement as
shown on Sheet 4 of 4 of the Short Plat: (a) rock-lined and grass-lined ditch segments
and (b) a Type 2 Catch Basin with (i) a debris cage and (ii) a few feet of 12" storm drain
outlet pipe that connects to the WSDOT I-405 drainage system at the Drainage
EasemenYs west edge abutting the I-405 R/W line."
Sheet C4.01 (a STORM DRAIN PLAN AND PROFILES sheet) of the seven-sheet set of "as-builY'
drawings for the "Merlino Short PIaY' (a set of drawings concerning infrastructure improvements
concerning the Short Plat) that is being tendered to the City of Renton for the City's records includes the
following Note 6:
6. The City of Renton is to maintain the storm drain pipes and catch basins located in
the Cedar Avenue South right-of-way, the stormwater detention vault in the right-of-
way, the outfall pipes from the vault, and all of the other drainage system elements
located within the finro segments of drainage easement (which will lie within Tract `A'
of the short plat) that are being granted to the City in conjunction with the recording of
the final short plat sheets for the Merlino Short Plat(a short plat that is to be recorded
, under the name "Cedar Highlands Short PIaY'). Those drainage system elements
include: (1) the portion of the finro storm water outlet pipes (outlet pipes from the
detention vault) that will lie partly within and partly outside of the Cedar Avenue South
right-of-way, (2) the rock-lined ditch that those two outlet pipes connect to, (3) the
grass-lined swale, (4) the existing Type 2 catch basin with a debris cage located at a
point along the west edge of Tract `A' very near the Interstate 405 right-of-way line,
and (5) the 12-inch diameter discharge pipe from that catch basin that crosses the
Interstate 405 right-of-way line and connects into the existing storm drain system in
that Interstate 405 right-of-way). [See the plan view portion of this Sheet C4.01 and
see Sheet C3.01 for the locations of both (a)the two segments of drainage easement
and (b) those drainage system elements.] Public stormwater from the detention
vaulYs outfall pipes will drain through all of those drainage system elements that are
located within the drainage easements being granted to the City of Renton.
l
4.2. Maintenance of Lots. Each Owner shall maintain in good condition the Owner's Lot, and
the home (if any) and all landscaping and other improvements on the Lot. Within six (6) months
'The detention vault that has been constructed beneath the cul-de-sac bulb within an area that is part of the
additional right-of-way that is being conveyed to the City near the south end of the existing Cedar Avenue
South right-of-way by the above-noted Deed of Dedication.
covenants-Cedar Highlands Short Plat(FINAL Ol-27-2017) Page 6
J
following the initial transfer of a Lot with a completed home on it to the next Owner of the Lot, the next
Owner of the Lot shall complete the installation of landscaping surrounding all sides of the home on the
Lot. Each Owner shall also be responsible for maintaining and irrigating the landscaping within that
portion of any adjacent public street right-of-way lying between the Lot boundary of the Owner's Lot and
any wall, fence, or curb located on the public right-of-way adjacent to the Lot boundary; provided, the
Owner shall have no right to remove trees, shrubs or similar vegetation from this area without the
Association's prior approval. Each Owner shall perform at the Owner's expense the maintenance and
upkeep of fencing, drainage swales (if any) and/or underground drain lines and catch basins installed on
the Owner's Lot, unless and to the extent that such components of the Owner's Lot are (a) a part of one
of the Areas of Common Responsibility maintained by the Association or (b) maintained by a Local
Jurisdiction.
4.3. Resqonsibilitv for Reqair and Reqlacement. Each Owner's responsibility for
maintenance of that Owner's Lot shall include responsibility for repair and replacement, as necessary, to
maintain the property, including the home(if any), landscaping, and all other improvements on such Lot.
Repair and replacement shall include improvement, if necessary, to comply with applicable building
codes or other regulations.
By virtue of taking title to a Lot, each Owner covenants and agrees with all other Owners to carry
property insurance for the full replacement cost of all insurable improvements on that Owner's Lot, less a
reasonable deductible.
Each Owner further covenants and agrees that in the event of damage to or destruction of
structures on or comprising such Owner's Lot, the Owner shall promptly commence and complete repair
or reconstruction in a manner consistent with (a) the original construction or (b) such other plans and
specifications as are approved by the building department or division of the City of Renton. Alternatively,
the Owner shall clear the Lot and maintain it in a neat and attractive condition. The Owner shall pay any
costs not covered by insurance proceeds.
4.4. Remedies for Failure to Maintain. If any Owner shall fail to conduct maintenance on such
Owner's Lot as required by this Article to maintain the Lot in the same condition as a reasonably prudent
homeowner, or in a manner which preserves the drainage for other Lots, any other Owner may notify the
nonperforming Owner and the Association in writing of the maintenance required. If the maintenance is not
perFormed within thirty(30)days of the date notice is delivered, the Association or the notifying Owner may
(a) seek an order of a court declaring the deficiencies to be a nuisance and (b) obtain an injunction to
compel the performance of the required maintenance by the nonperforming Owner.
Article V The Association and Its Members
5.1. Function of the Association. The Association is the entity responsible for management,
maintenance, operation, and control of the Areas of Common Responsibility. The Association also is the
primary entity responsible for enforcement of the Governing Documents. The Association shall perform
its functions in accordance with the Governing Documents, the Recorded Short Plat, applicable
government permits (if any),the applicable Local Jurisdiction's ordinances, and Washington law.
, 5.2. Membership. Every Owner is and shall be a Member of the Association. There shall be
only one membership per Lot. If a Lot is owned by more than one Person, all co-Owners of such Lot
shall share the privileges of such membership, subject to reasonable Board regulation and the
restrictions on voting set forth in Section 5.3(c) and in the Bylaws, and all such co-Owners shall be jointly
and severally obligated to perform the responsibilities of Owners. The membership rights of an Owner
' __.d....e_...__.___..__._....__. ._.._._._._.._. ._ .�_.._.. �.__....._.._.....__....w...._....__..._._.__._..__._.
_........... ......._... .....d.�.__...._.._�_....._..__..,_....
covenants-Cedar Highlands Short Plat(FINAL 01-27-2017) Page 7
that is not a natural person may be exercised by any officer, director, member, partner, or trustee, or by
the individual designated from time to time by the Owner in a written instrument provided to the
Secretary of the Association.
5.3. Votinq. The Association shall have two classes of inembership, Class"A"and Class"B."
(a) Class"A". Class"A" Members shall be all Owners except the Class"B"
Member, if any. Class"A" Members shall have one equal vote for each Lot in which they hold the
interest required for membership under Section 5.2, except that there shall be only one vote per Lot and
no vote shall be exercised for property, if any,which is exempt from assessment under this Declaration.
(b) Class"B". The Class"B" Member shall be the Declarant or, if DeclaranYs rights
are assigned, DeclaranYs assignee. Notwithstanding any provisions of the Bylaws to the contrary, until
termination of the Class"B" membership the Class"B" Member may appoint a majority of the members
of the Board of Directors. Additional rights of the Class"B" Member may be specified in the relevant
section(s) of the Governing Documents. The Class"B" membership shall terminate upon the earlier of
(i)five years after expiration of the Class"B" Control Period or(ii) such time as Declarant (in DeclaranYs
sole discretion) so determines and declares in a Recorded instrument. Upon termination of the
Class"B" membership, Declarant shall be a Class"A" Member entitled to one Class"A" vote for each
Lot, if any,that Declarant owns until such time that Declarant no longer owns any Lot(s).
', (c) Exercise of Votinq Riqhts. Members may exercise voting rights as set forth in
the Bylaws. If any Lot is owned by more than one Person, the vote for such Lot shall be exercised as
the co-Owners of such Lot determine among themselves and advise the Secretary of the Association in
writing prior to the vote being taken. Absent such advice, the Lot's vote shall be suspended if more than
one Person seeks to exercise it.
5.4. Directors. The board of directors of shall consist of at least one but not more than three
individuals. The number of directors from time to time shall be as determined in the manner provided in
the Bylaws (but a decrease in the number of directors shall not have the effect of shortening the term of
any incumbent director); PROVIDED, HOWEVER, consistent with RCW 24.03.100, the number of
' directors constituting the initial board of directors is hereby fixed as one director,which director shall hold
office until the earlier of (a) the initial director's appointment of a substitute initial director who consents
to serve or(b)the first annual election of directors.
5.5. Notice. Unless and to the extent that other means of notice is provided for in the
Bylaws, any notice provided for in this Declaration shall be served personally or shall be mailed by
surFace mail, as follows, unless the Board adopts a rule allowing electronic service of notices:
(a) If to the Association, (i) to the President or Secretary of the Association at (A)
the principal office of the Association or (B) such other address of which the Association has given
notice in accordance with this Section or (ii) to the registered agent of the Association, as such
registered agent is identified in the records of the Secretary of State of the State of Washington (or any
successor agency thereo�;
(b) If to an Owner, (i)to such Owner at(A)the address of such Owner's Lot or(B)
such other address as the Owner has registered with the Association or(ii) to the registered agent of the
covenants-Cedar Highlands Short Plat(FINAL O1-27-2017) Page 8 ,r n VN m � � Ntl_.N.
Owner, as such registered agent is identified in the records of the Secretary of State of the State of
Washington (or any successor agency thereofl.
All such notices shall, for all purposes, be deemed delivered (i) upon personal delivery to the
party or address specified above or (ii) on the third day after mailing when mailed by first class mail,
postage prepaid, and properly addressed. The Board of the Association may designate additional
methods of giving notice by promulgation of rules describing the alternative methods of providing notice,
including the adoption of providing notice electronically, without using surface mail, or by private parcel
delivery service companies.
Article VI Powers and Responsibilities
6.1. Maintenance and Repair of Areas of Common Responsibilitv. Commencing with the
Recording of the Short Plat or of this Declaration, whichever occurs first, the Association shall maintain
and repair the Areas of Common Responsibility [and such portions of additional property (if any)] as
called for in this Declaration, the Short Plat, or any contract or agreement for maintenance and/or repair
thereof entered into by the Declarant or the Association, including, without limitation, landscaping and
other flora, utility areas or improvements, structures, and other improvements.
The costs associated with maintenance, repair, monitoring, and replacement of the Areas of
Common Responsibility shall be a Common Expense paid for by the Association. The Association is
hereby authorized to expend funds needed to carry out its duties described in this Article.
6.2. Insurance.
(a) Repuired Coveraqes. The Association shall obtain and continue in effect the
', following types of insurance, if reasonably available, or if not reasonably available, the most nearly
I�� equivalent coverages as are reasonably available:
� (i) Blanket property insurance covering the full replacement cost of all
insurable improvements (if any) under current building ordinances and codes on the Areas of Common
' Responsibility;
(ii) Commercial general liability insurance on the Areas of Common
Responsibility, insuring the Owners with limits of (if generally available at reasonable cost, including
primary and any umbrella coverage) at least$2,000,000.00 per occurrence with respect to bodily injury,
personal injury, and property damage, or such additional coverage and higher limits which a reasonably
prudent person would obtain;
(iii) Workers compensation insurance and employers' liability insurance, if
and to the extent required by law;
(iv) Directors' and officers' liability coverage;
(v) Commercial crime insurance, including fidelity insurance covering all
Persons responsible for handling funds in an amount determined in the Owners' best business
judgment. Fidelity insurance policies shall contain a waiver of all defenses based upon the exclusion of
Persons serving without compensation; and
covenants-Cedar Highlands Short Plat(FINAL 01-27-2017) Page 9
(vi) Such additional insurance as the Board, in its best business judgment,
determines advisable.
Premiums for all insurance on the Areas of Common Responsibility shall be Common
Expenses.
(b) Policv Repuirements. The Association shall arrange for an annual review of the
sufficiency of its insurance coverage by one or more qualified Persons, at least one ot whom must be
familiar with insurable replacement costs in Western Washington. All policies shall provide for a
certificate of insurance to be furnished to the Association.
The policies may contain a reasonable deductible, and the amount thereof shall not be
subtracted from the face amount of the policy in determining whether the policy limits satisfy the
requirements of Section 6.2(a). In the event of an insured loss, the deductible shall be treated as a
Common Expense in the same manner as the premiums for the applicable insurance coverage.
However, if the Association reasonably determines that the loss is the result of the negligence or willful
misconduct of one or more Owners and/or their guests, invitees, and/or lessees, then the other Owners
' may seek repayment of the full amount of such deductible against such Owner(s)and their Lot(s).
(c) Restorinq Damaqed Improvements. In the event of damage to or destruction of
any of the Areas of Common Responsibility, the Association shall file and adjust all insurance claims and
obtain reliable and detailed estimates of the cost of repairing or restoring the property to substantially the
condition in which it existed prior to the damage, allowing for changes or improvements necessitated by
changes in applicable codes.
6.3. Compliance and Enforcement. Every Owner and occupant of a Lot or home on a Lot
shall comply with the Governing Documents. The Board may (a) promulgate rules and (b) impose
sanctions for violation of the Governing Documents after notice and a hearing in accordance with the
procedures set forth in the Bylaws or rules adopted by the Board. Sanctions for violation may include,
without limitation:
(i) Imposing reasonable monetary fines which shall constitute a lien upon the
violator's Lot. (In the event that any occupant, guest, or invitee of an Owner's home on a Lot violates the
Governing Documents and a fine is imposed, the fine shall first be assessed against the violator;
provided, if the fine is not paid by the violator within the time period set by the Board, the Owner shall pay
the fine upon notice from the Board);
(ii) Suspending an Owner's right to vote;
(iii) Exercising self-help or taking action to abate any violation of the Governing
Documents in a non-emergency situation; and
(iv) Bringing suit at law or in equity to enjoin any violation or to recover monetary
damages or both.
Any and all remedies set forth in the Governing Documents shall be cumulative of any remedies
available at law or in equity. In any action to enforce the Governing Documents, if the Association
covenants-Cedar Highlands Short Plat(FINAL 01-27-2017) PBge 10
prevails, it shall be entitled to recover all costs, including, without limitation, attorneys fees and court
costs, reasonably incurred in such action.
The Association shall not be obligated to take any action if the Board reasonably determines that
the Association's position is not strong enough to justify taking such action that the covenant, Use
Restriction, or Rule and Regulation being enforced is, or is likely to be construed as, inconsistent with
applicable law; or that it is not in the Association's interest, based upon hardship, expenses, or other
reasonable criteria to pursue enforcement action. Such a decision shall not(a) be construed a waiver of
the right of the Association to enforce such provision at a later time under other circumstances or (b)
estop the Association from enforcing any other covenant, Use Restriction, or Rule and Regulation. The
Association, by contract or other agreement, may enforce applicable Local Jurisdiction ordinances, if
applicable, and permit the Local Jurisdiction to enforce ordinances within the Properties for the benefit of
the Association and its Members.
While conducting the Association's business affairs, the Board shall act within the scope of the
Governing Documents and in good faith to further the legitimate interests of the Association and its
Members. In fulfilling its governance responsibilities, the Board's actions shall be governed and tested
by the rule of reasonableness. The Board shall exercise its power in a fair and nondiscriminatory manner
and shall adhere to the procedures established in the Governing Documents.
6.4. Imqlied Rights; Board Authoritv. The Association may exercise any right or privilege (a)
given to it expressly by (or reasonably implied from) (i) RCW 64.38 or (ii) the Governing Documents or
(b) reasonably necessary to effectuate any such right or privilege. Except as otherwise specifically
provided in the Governing Documents, or by law, all rights and powers of the Association may be
exercised by the Board without a vote of the membership. The Board may institute, defend, settle, or
intervene on behalf of the Association in mediation, binding or nonbinding arbitration, litigation, or
administrative proceedings in matters pertaining to the Areas of Common Responsibility, enforcement of
' the Governing Documents, or any other civil claim or action. However, the Governing Documents shall
not be construed as creating any independent legal duty to institute litigation on behalf of or in the name
of the Association or its Members. In exercising the rights and powers of the Association, making
decisions on behalf of the Association, and conducting the Association's affairs, Board members shall be
subject to, and their actions shall be judged in accordance with, the standards set forth in the Bylaws.
6.5. Indemnification of Officers. Directors, and Others. To the fullest extent permitted by
Washington law, the Association shall indemnify every o�cer, director, volunteer, and committee
member of the Association against all damages and expenses, including counsel fees, reasonably
incurred in connection with any action, suit, or other proceeding (including settlement of any suit or
proceeding, if approved by the then Board of Directors) to which he or she may be a party by reason of
being or having been an officer, director, or committee member.
The officers, directors, and committee members shall not be liable for any mistake of judgment,
negligent or otherwise, except for their own individual willful misfeasance, malfeasance, misconduct, or
bad faith. The officers and directors shall have no personal liability with respect to any contract or other
commitment made or action taken in good faith on behalf of the Association (except to the extent that
such officers or directors may also be Members of the Association). The Association shall indemnify
and forever hold each such officer, director, and committee member harmless from any and all liability to
others on account of any such contract, commitment, or action. This right to indemnification shall not be
exclusive of any other rights to which any present or former officer, director, or committee member may
covenants-Cedar Highlands Short Plat(FINAL O1-27-2017) Page 11 ~ f T� Am ��� wA y.H V V�.qF
be entitled. The Association shall, as a Common Expense, maintain adequate general liability and
officers' and directors' liability insurance to fund this obligation, if such insurance is reasonably available.
6.6. Securitv. The Association may, but shall not be obligated to, maintain or support certain
activities within the Properties designed to make the Properties safer than they otherwise might be.
Neither the Association nor Declarant shall in any way be considered insurers or guarantors of security
within the Properties, nor shall either be held liable for any loss or damage by reason of failure to provide
adequate security or ineffectiveness of security measures undertaken. No representation or warranty is
made (a) that any systems or measures undertaken, including any mechanism or system for limiting '
access to the Properties, cannot be compromised or circumvented or (b) that any such systems or
security measures undertaken will in all cases prevent loss or provide the detection or protection for
which the system is designed or intended. Each Owner acknowledges, understands, and covenants to
inform its tenants and all occupants of its Lot that the Association, its Board and committees, and
Declarant are not insurers and that each Person using the Properties assumes all risks of personal injury
and loss or damage to property, including Lots and the contents of Lots, resulting from acts of third
parties.
6.7. Effect of Dissolution of Association. In the event that the Association is dissolved and is no
longer licensed as a nonprofit corporation, the rights and duties of the Association(including, but not limited
to, all ownership interest in the Common Areas)shall vest in the Owners,as an unincorporated association.
Any Owner of any Lot(s) or any Mortgagee of any such Lot(s) may reinstate the Association's corporate '
status, or create a successor entity as a successor to the Association, at any time by filing with the State of �
Washington such documents as required by law to reinstate the Association or create its successor; and �
upon such reinstatement, the Owners' rights and duties, as described in this Declaration, shall re-vest in the
reinstated or successor Association, and all Owners shall be members thereof with all rights to vote
provided by law and the organizational documents of the entity. To the greatest extent possible, any
successor entity shall be governed by the Articles and Bylaws of the Association as if they had been
made to constitute the governing documents of the successor entity.
Article VII Finances
7.1. Budgeting, Assessments, and Allocating Common Expenses. The Association is
entitled to make assessments and collect funds from the Owners for payment of Common Expenses, to
the extent permitted by RCW 64.38.
72. Obliqation for Assessments. Each Owner, by accepting a deed or entering into a
Recorded contract of sale for the purchase of any Lot, is deemed to have covenanted and agreed to pay
all assessments authorized by RCW 64.38. All assessments, together with interest (computed from its
due date at a rate of 12% per annum or such other rate as the Board may establish, subject to the
limitations of Washington law), late charges, costs, and reasonable attorneys fees, shall be the personal
obligation of each Owner and a lien upon each Lot until paid in full. Upon a transfer of title to a Lot, the
grantee shall be jointly and severally liable for any assessments and other charges due at the time of
conveyance.
No Owner is exempt from liability for assessments by nonuse of Areas of Common
Responsibility, abandonment of the Owner's Lot, or any other reason. The obligation to pay
assessments is a separate and independent covenant on the part of each Owner.
covenants-Cedar Highlands Short Plat(FINAL 01-27-2017) PBge 12
Article VIII Additional Rights Reserved to Declarant
8.1. Riqht to Develoq. Declarant and DeclaranYs employees, agents, and designees shail
have a right of access and use and an easement over and upon ail of the Areas of Common
Responsibility for the purpose of making, constructing, and installing such improvements to the Areas of
Common Responsibility as Declarant deems appropriate in its sole discretion, so long as such
improvements are not inconsistent with (a) the permitted uses and purposes of the Areas of Common
Responsibility or(b) applicable law.
8.2. Riqht to Approve Additional Covenants. No Person shall Record any declaration of
covenants, conditions, and restrictions or similar instrument affecting any portion of the Properties
without DeclaranYs review and written consent. Any attempted Recording without such consent shall
result in such instrument being void and of no force and effect unless subsequently approved by written
consent signed and Recorded by Declarant.
8.3. Riqht to Transfer or Assiqn Declarant Riqhts. Any or all of DeclaranYs special rights and
obligations set forth in this Declaration or the Bylaws may be transferred in whole or in part to other
Persons; provided, the transfer shall not reduce an obligation nor enlarge a right beyond that which ��
Declarant has under this Declaration. No such transfer or assignment shall be effective unless it is in a �
written instrument signed and Recorded by Declarant. The foregoing sentence shall not preclude '
Declarant from permitting other Persons to exercise, on a one-time or limited basis, any right reserved to '
Declarant in this Declaration where Declarant does not intend to transfer such right in its entirety, and in
such case it shall not be necessary to Record any written assignment unless necessary to evidence
Declarant's consent to such exercise.
8.4. Termination of Riqhts. The rights contained in this Article shall not terminate until the
earlier of(a) 10 years from the date this Declaration is Recorded, (b) Recording by Declarant of a written
statement that all Lot and home sales activity on the Lots has ceased, or (c) all of the Lots have been
sold to non-Builder parties.
Article IX Easements for Maintenance, Emergency,and Enforcement
Declarant grants to the Association easements over the Properties as necessary to enable the
Association to fulfill its maintenance responsibilities under Sections 4.1 and 6.1. The Association shall
also have the right, but not the obligation, to enter upon any Lot for emergency, security, and safety
reasons to (a) perform maintenance and (b) inspect to ensure compliance with and to enforce the
Declaration and any adopted Rules and Regulations. Such right may be exercised by (i) the duly
authorized agents and assignees of the Association and (ii) all emergency personnel in the performance
of their duties. Except in an emergency situation, entry shall only be during reasonable hours and after
notice to the Owner.
Article X Attorneys Fees and Expenses
In the event any action is taken to interpret or enforce the terms of this Declaration, including the
commencement of arbitration or litigation, all reasonable attorneys fees and litigation expenses and
costs incurred to protect or enforce the prevailing party's rights under this Declaration shall be paid or
reimbursed by the other part(ies). The litigation expenses reimbursable shall include, but not be limited
to, expert witness fees, legal assistants, transcripts, photocopy charges, and telephone charges.
covenants-Cedar Highlands Short Plat(FINAL Ol-27-2017) Page 13
Article XI Amendment of Declaration
11.1. Bv Declarant. In addition to specific amendment rights, if any, granted elsewhere in this
Declaration, until conveyance of the first Lot to a Person other than a Builder, Declarant may unilaterally
amend this Declaration for any purpose. Thereafter, Declarant may unilaterally amend this Declaration if
such amendment is necessary (a)to bring any provision into compliance with any applicable ,
governmental statute, rule, regulation, or judicial determination; (b)to enable any reputable title
insurance company to issue title insurance coverage on the Lots; (c)to enable any institutional or
governmental lender, purchaser, insurer, or guarantor of mortgage loans, including, for example, the '
Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to make, ,
purchase, insure, or guarantee mortgage loans on the Lots; or (d)to satisfy the requirements of any '
local, state, or federal governmental agency; provided, however, any such amendment shall not
adversely affect the title to any Lot unless the Owner shall consent in writing to such amendment.
11.2. y Owners. Except as otherwise specifically provided above and elsewhere in this �'
Declaration, this Declaration may be amended only by both (a) the affirmative vote or written consent, or �,
any combination thereof, of at least 67% of the Owners and (b) DeclaranYs consent, so long as
Declarant owns any of the Lots subject to this Declaration. Notwithstanding the above, the percentage
of votes necessary to amend a specific clause shall not be less than the prescribed percentage of
affirmative votes required for action to be taken under that clause.
11.3. Validitv and Effective Date. No amendment may remove, revoke, or modify any right or
privilege of Declarant without DeclaranYs written consent. If an Owner consents to any amendment to
this Declaration or the Bylaws, it will be conclusively presumed that such Owner has the authoriry to
consent, and no contrary provision in any Mortgage or contract between the Owner and a third party will
affect the validity of such amendment. Any amendment shall become effective upon Recording, unless
a later effective date is specified in the amendment. Any procedural challenge to an amendment must �
be made within six months of its Recording or such amendment shall be presumed to have been validly ,
adopted. In no event shall a change of conditions or circumstances operate to amend any provisions of ,
this Declaration. '
11.4. Headinqs. The article headings and the section headings in this Declaration are for
convenience only and are not intended to modify or define the contents of the articles and sections in
any way.
I 11.5. Exhibits. Exhibit"A" attached to this Declaration is hereb incor orated b this
Y P Y
reference and amendment of such exhibit shall be governed by this Article.
IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration the date
and year first written above.
MERLINO LAND DEVELOPMENT CO., INC., a
Washington corporation
��
By:
Donald J. Me in , Vice-President
covenants-Cedar Highlands ShoR Plat(FINAL 01-27-2017) Page 14
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
1 certify that I know or have satisfactory evidence that Donald J. Merlino is the person who
appeared before me and acknowledged that he signed the instrument, on oath stated he was authorized
to execute this instrument and acknowledged it as the Vice-President of MERLINO LAND
DEVELOPMENT CO., INC., a Washington corporation, to be the free and voluntary act of such
corporation for the uses and purposes mentioned in the instrument.
SUBSCRIBED and SWORN to before me this '�V day of January 2017.
,�,,��.�.��a,��� � �
�!`` ���y�y� NOTARY PUBLIC Qn - _ e
i sot� ��` My Commission expires: � , � �
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i ;u ' ' " :
i N'., i0�s�`� 'O�
� � ��i 1 19 ' � .�
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covenants-Cedar Highlands Short Plat(FINAL O1-27-2017) Page 15
EXHIBIT"A"
Land Submitted to the Declaration
Lots 1 through 7 and Tract A, City of Renton Short Plat No. LUA14-000568-SHPL-
A, as recorded in Volume�of Short Plats, pagesZ�l3-�, and recorded at King
County Recording Number 2p i-}030►q Of�O���
covenants-Cedar Highlands Short Plat(FINAL O1-27-2017) Page 16
1