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20021217002215
CITY OF RENTON DPC 43 00
PAGE 001 OF 021
12/17/2002 14'50
Return Address: KING COUNTY, WA
City Clerk's Office
City of Renton
1055 S. Grady Way
Renton WA 98055
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Document Title(s): r/
L6NI .Cond►iton5 4 et41-eac-1ian3
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Grantor(s)(Last name first,then first name Mitials)
ttals
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Grantee(s)(Last name first,then first name and initials) _.,
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Legal Description(abbreviated i e lot,block,plat or section,township,range)
/)t S6ini Yr 0Hilt V/ifis* %z cc#M Yz v'F1 c N ' •
N4tf t/y t h SYe o`1 !b 401u41 111, z3 ayoP -h, x. 5' AT
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Cl Additional legal is on page of document
Assessor's Property Tax Parcel/Account Number:
1O2305 — 9097
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document to verify the accuracy or completeness of the indexing information provided herein
DECLARATIONS OF
COVENANTS,CONDITIONS AND RESTRICTIONS
FOR THE
RIDGE VIEW PLAT HOMEOWNERS' ASSOCIATION
THIS DECLARATION is made on the date hereinafter set forth by M J F.
HOLDINGS,INC, (Declarant),the owner of certain land situated in the State of
Washington,City of Renton,King County,known as Ridge View Plat,which is more
particularly described in ExhibiiA.In order to ensure preservation of the gracious
residential environment at Ridge%View Plat,Declarant agrees and covenants,that all land
and improvements now existing oereafter constructed thereon will be held,sold,
conveyed subject to,and burdened, the following covenants,conditions,restrictions,
reservations,limitations,liens and easement,all of which are for the purpose of
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Lo enhancing and protecting the value,desirability and attractiveness of such lands for the
benefit of all such lands and the owner /}ieeof and their heirs,successors,grantees and
CN assigns All provisions of this Declaratioksh 1 be binding upon all parties having or
C•J acquiring any right,title or interest in such ands>or any portion thereof and shall insure J
C) to the benefit of each owner thereof and to the-benefit of Ridge View Plat Homeowners
C .: Association and shall otherwise in all respects b regarded as covenants running with the
C`- land ',...0;
Cs.1 Contents ��
C :
C: ARTICLE I DEFINITIONS 2
C,, ARTICLE II PRE-EXISTING RESTRICTIONS , ' 3
(mow ARTICLE III DEVELOPMENT PERIOD 3
ARTICLE IV EASEMENTS,OPEN SPACES&TRACTS. 4
ARTICLE V ASSESSMENTS 5
ARTICLE VI MAINTENANCE OF LOTS 7
ARTICLE VII HOMEOWNERS ASSOCIATION 9
ARTICLE VIII MANAGEMENT BY BOARD 9
ARTICLE IX LAND USE RESTRICTIONS 12
ARTICLE X BUILDING RESTRICTIONS 23
ARTICLE XI UTILITIES 14
ARTICLE XII ARCHITECTURAL CONTROL 14
ARTICLE XIII GENERAL PROVISION 17
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ARTICLE I
DEFINITIONS
For purposes of the Declaration and the Articles of Incorporation and the Bylaws
of the Ridge View Plat Homeowner's Association,certain words and phrases shall have
particular meaning as follows.
Section 1. "Association"shall mean and refer to the Ridge View Plat
Homeowners'Association,its successors and assigns
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Section 2 "Board"shall iean and refer to the Board of Directors of the
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Association,as provided for in Article IX For the purposes of exercising the powers and
duties assigned in this Declaration,to he Board,this term shall also mean the"Temporary
Board"or"Declarant"as provided Tn Aii ele IV unless the language or context indicates
otherwise
Section 3 "Properties"shall mean$and refer to the real property described with
LO particularly in Exhibit A. •
C`,: Section 4 "Lot"shall mean and refer to anyplot of land shown upon any
recorded subdivision map of the Properties This term shall not include tracts designated
on the face of the Plat. •
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L'•.. Section 5."Declarant"shall mean and refer to:MJF°Holding,Inc.,its successors
<s�-• and assigns Successors and assigns shall not include other developers who acquire one or
(NJ more undeveloped lot from the Declarant for the purpose of development
(N Section 6 "Architectural Control Committee"shall mean and refer to the duly
C appointed or elected committee of the Board of Directors as outlined in Article XIII of
this Declaration,hereinafter referred to as the"Committee"
CNI
Section 7 "Development Period"shall mean and refer to that period of time
defined in Article III of this declaration
Section 8."Plat"shall mean and refer to the plat of Lots 1-11,inclusive Ridge
View Plat as recorded in Volume e.! 1 of Plats,Pages 4 ,Records of
King County,State of Washington,under Recording No 2607,12.11 00 221(4
Section 9 "Residence"shall mean and refer to any buildings occupying any lot
Section 10 "Owner"shall mean and refer to the record owner,whether one or
more persons or entities,of a fee interest in any Lot,including the Declarant,but
excluding mortgagees or other persons or entities only holding security interest in
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properties within the Plat Purchasers or assignees under recorded real estate contracts
shall be deemed Owners as against their respective sellers or assignors
Section 11 `Building setbacks"are areas designated on the face of the plat
adjacent to sensitive areas,such as property lines or utilities
ARTICLE II
PRE-EXISTING RESTRICTIONS
The Properties shall continue to be subject to previous covenants,conditions,
encumbrances and restrictions; tothe extent that such restrictions are valid
-_'')ARTICLE III
DEVELOPMENT PIOD,MANAGEMENT RIGHTS OF
DECLARANTD13R1NG DEVELOPMENT
Section 1 Management by Declarant. "Development period"shall mean that
period of time from the date of recording this)i eclaration until(1)a date five years from
the date of recording this Declaration or(2)the thirtieth day after Declarant has
transferred title to the purchasers of the lots representing 99 percent of the total voting
c-,\? power of all Lot owners as then constituted or(3)=the date on which Declarant elects to
CN t permanently relinquish all of Declarant's authority"•under this Article by written notice to
all Owners,whichever date first occurs During thewDevelop Period,the Board of
Directors of the Association shall be appointed by the4Declarant
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Section 2 Notices to Owners Before the termination of the Development
C N 1 Period,the Declarant will give written notice of the termination of the Development
' Period to the owner of each Lot Said notice shall specify the date when the Development
C, Period will terminate and shall further notify the Owners of the date,place and time when
f-' a meeting of the Association will be held.The notice shall specify that the purpose of the
Association meeting is to elect new Officers and Directors of the Association,
C''% •notwithstanding and provision of the Articles or Bylaws of the Association to the
contrary,for the purpose of this meeting,the presence,either in person or by proxy,of
the Owners of five lots shall constitute a quorum The Board of Directors and officers of
the Association may be elected by majority vote of said quorum If a quorum is not.
present,the Development period shall nevertheless terminate on that date specified in
said notice and it shall thereafter be the responsibility of the Lot Owners to provide for
the operation of the Association
Section 3 Temporary Board Declarant may in its sole discretion,and at such
times as the Declarant deems appropriate,appoint three persons who may be Owners,or
representatives of corporate entities or other entities which are Owners,as a Temporary
Board During the Development Period,members of the Board of Directors need not be
the Owners The Temporary Board shall have full authority and all rights,
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responsibilities,privileges and duties to manage the properties under this Declaration and
shall be subject to all provisions of this Declaration,the Articles and the Bylaws
Section 4 Appointment of Manager Declarant may appoint a managing agent,
which shall have the power and authority to exercise all powers necessary to carry out the
provisions of this Declaration,including but not limited to contracting for required
services,obtaining property and liability insurance,and collecting and expending all
assessments and Association funds Any such management agent or the Declarant shall
have the exclusive right to contract for all goods and services,payment for which is to be
made from any monies collected from assessments.
Section 5 Acceptance of Management Authority.The purpose of this •
management arrangement is to:en'sure that the properties will be adequately managed
during the initial stages of devel prnent Acceptance of an interest in a lot evidences
acceptance of this management agre ent
R.TICLE IV
EASEMENTS,OPEN OACES AND PRIVATE TRACTS
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Section 1 Drainage Easement Restrictions Various drainage easements are
C\J indicated on the face of the Plat Structures,fills,iid,obstructions,including,but not
limited to decks,patios and buildings,overhangs;and trees shall not be permitted within
O drainage easements The easements give the City of Renton the right to enter upon the
said easements,and;the area immediately adjacent tc5 saidseasements,in order to
4t-, , effectuate the purposes of the easement,or to construct.a hard surface road among the
(NJ easements
Section 2 Utility Easements.Various utility easements are designed on the
face of the Plat for the purpose of providing Lots within the Plat with electric,telephone,
gas,cable television service and water These easements give the easement-holders the
right to enter upon these Lots at all times to effectuate the purposes of the easements Not
utility lines shall be placed on any Lot unless underground or in a conduit attached to a
building.Structures may only be placed on easements with the permission of the
Architectural Control Committee and the entity to which the easement was granted.No
planting material,fill,or other substances may be placed on the utility easement which
will interfere with such utility service
• Section 3 Structures Prohibited in Rights-of-Way All rights-of-way within the
Plat have been dedicated to the City of Renton No structures may be placed in rights-of-
way within the Plat
Section 4 Maintenance of Detention and Water Quality System The Home
Owners Association shall maintain the detention and water quality system and emergency
access roads until such time that those improvements are deeded or sold to a
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governmental agency,which will assume maintenance and responsibility of such
improvements
ARTICLE V
ASSESSMENTS
Section 1' Creation of Lien and Personal Obligation Each Owner of any Lot by
acceptance of a deed therefore,whether or not it shall be expressed m such deed,is
deemed to covenant and agree to pay the Association(1)annual assessments or charges •
and(2)special assessments Annual and special assessments shall be established and
collected in accord with the following provisions The annual and special assessments,
together with interest,cost and reasonable attorney's fees,shall be a charge on the land
and shall be a continuing lien'upon the property against which such assessment is made.
Each assessment,together with`theinterest,costs and reasonable attorneys' fees incurred.
to collect such assessments,shall'l e"the personal obligation of the individual who is the
Owner of the Lot at the time that tlieassessment fell due.
Section 2 Purpose of Assessments,)The assessments imposed by the Association
shall be used(1)to promote recreation,health,safety and welfare of the residents of the
properties,(2)for the cost of maintaining the reational area within the Plat,(3)for
legal fees or damage incurred in any action ir-vvhich the Association or a member of the
Board of Architectural Control Committee,acting i&behalf of the Homeowners'
NJ Association is named as a party,(4)for legal fee`s-incurred by the Homeowners'
Association,(5)for any other reasonable expenses'incurred by the Homeowners'
Association (6)for maintenance of the common storm facility.
Section 3 Annual Assessment The initial annual assessment shall be$ per
Lot payable in annual installments,six percent of the assessment shall be allocated and
paid to the Declarant for Plat management services provided by the Declarant to the
Association or by a Professional management firm Such allocated funds to the Declarant
c.„'' shall cease when the Development Period expires and the Association assumes collection
C' costs,bookkeeping and other management responsibilities which are described with,
particularity in the Bylaws of the Association
The annual assessment may be increased during the Development Period to
reflect increased(1)maintenance costs,(2)repair costs,(3)Association and plat
management costs,(4)legal costs.All increases in the annual assessment during the
Development Period must directly reflect increase in the above-recited costs During the •
Development Period,it shall not be necessary to amend this'Declaration to raise the
annual assessments.During the Development Period,the Declarant shall give members
of the Association notice of any increase in the annual assessment thirty days before the
date that the assessment becomes effective
(a) After the Development Period expires,any increase in the annual assessment
which exceeds 10 percent requires the vote of the members of the Association
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(b) After the Development Period expires,any increases in the annual assessment
which exceeds 10%requires the approval of 51%of the members of the
Association
(c) After the Development Period expires,the Board of Directors shall fix the •
quarterly assessment in accord with the above=recited standards
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Section 4 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 construction,reconstruction,repair or replacement of a capital
improvement to the Recreational 4rea within the Plat including fixtures and personal
property relating thereto,provided hat any such assessment shall have the assent of 51
percent of the members of the Asspc tion who are.voting on person or by proxy at a
meeting held duly called for-this purpose:r.Any capital improvements which exceeds
$15,000,must be approved by 51 percnttif the Owners.
Section 5 • Special Assessmentsfor`I,egal Fees and Damages In addition to the
special assessment authorized in Section 4,ithe)Declarant or the Association may levy any
assessmentyear a special assessment for the purpose of defraying,in whole or inpart, 1)
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c�1 legal fees and costs incurred in any action in whlicli the Association is a party,(2)legal
fees and costs incurred in any action,in which a iri m er of either the Board or the
G Architectural Control Committee is named as a art Yrasa result of a decision made or
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action performed while acting in behalf of the Homeowners Association,or(3)any other
G� reasonable expenses incurred by the Homeowners' Association This assessment shall
require the constant of 51 percent of the Association who are voting in person or by
(\3 proxy at a meeting duly called for this purpose •
CND Section 6 Notice and Quorum for Any Action Authorized Under Section 4 and
C 5 Written notice of any meeting called for the purpose of taking any action authorized
under Sections 4 and 5 of this Article shall be sent to all members not less than 30 days
C\ and nor more than 60 days in advance of the meeting At the first meeting called,the
presence,of 51 percent of the Members of the Association of or proxies entitled to cast 51
percent of the members of the Association shall constitute a quorum.If the required
quorum is not present,another meeting may be called to subject to the same notice
requirement,the required quorum at the subsequent meeting shall be one-half Of the
required quorum at the preceding meeting.
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Section 7 Uniform Rate of Assessment. Both annual and special assessments
must be fixed at a umform rate for all Lots
Section 8 Date of Commencement of Annual Assessment,Due Dates The
annual assessments described in this Article shall commence on The first
annual assessment shall be adjusted according to the number of months remaining in the
calendar year.Written notice of the Quarterly assessment shall be sent to every Owner
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subject to such assessments The Board of Directors shall establish the due date.The
Association shall,upon demand and for reasonable charge,furnish a certificate signed by
an officer of the Association setting forth whether the assessment on a specific Lot has
been paid A properly executed certificate of the Association as to the status of
assessments on a Lot is binding upon the Association as the date of its issuance.
Section 9 Effect of Non-Payment of Assessments.Remedies of the Association.
Any assessment not paid within 30 days of the due date shall bear interest at the rate of
12 percent per annum.Each owner hereby expressly vests in the Association or its agents
the right and power to bring all actions against such Owners personally for the collection
of such assessments as debts and to enforce lien rights of the Association by all methods
available for the enforcement.ofSuch hens,including foreclosure by an action brought in
the name of the Association in like manner as a mortgage of real property Such Owner
hereby expressly grants the Ass6cztttion the power of sale m connection with such liens
The liens provided for in this seetidh,shall be in favor of the Association and shall be for
the benefit of the Association The Association shall have the power to bid in an interest
and foreclosure sale and to acquire,hold lease,mortgage and convey the same.The
Owner is responsible for the payment of-all attorneys' fees incurred m collecting past due
assessments or enforcing the terms of assessment liens No Owner may waive or
otherwise escape liability for the assessments:provided herein by non-use of the
Recreational Area or abandonment of his Lot,','
The Association shall have the right to suspend the voting rights of an Owner for
and period during which any assessment which the Lot.remains unpaid and for a period
O not to exceed 60 days for any infraction of the terms;-of either this Declaration,the
Articles or the Bylaws of the Association
Section 10 Subordmation of the Lien to Mortgage The lien for assessments,
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C‘ provided for in this Article,shall be subordinated to the lien of any first mortgage. Sale or
�., transfer of any Lot shall not affect the assessment lien.However,the sale or transfer of
(N any Lot pursuant to a mortgage foreclosure,or any proceeding in lieu thereof,shall
extinguish the lien created pursuant to this Article as to payments which become due
prior to such sale or transfer No sale of transfer,however,shall relieve such Lot from
liability for any assessments thereafter becoming due or from the lien thereof
Section 11 Exempt Property All property dedicated to and accepted by local
public authority shall be exempt from assessments provided by this Article
ARTICLE VI
MAINTENANCE OF LOTS
Section I. Exterior Maintenance by Owner Owner shall maintain each Lot and
Residence in a neat,clean and attractive condition at all times
fa) Street Trees The street trees planted within and/or abutting
individual Lots shall be owned and maintained by the Owners of said Lots and the trees
planted within and/or abutting the private and public tracts within he Plat shall be owned
and maintained by the Ridge View Plat Homeowners Association
(b) Refuse All lots shall be kept free of debris.All refuse shall be
kept in sanitary containers screened from view of and Lot in the Plat,the containers shall
be regularly,emptied and the contents disposed of off the Properties.No grass cuttings,
leaves,limbs,branches,and other debris from vegetation shall be dumped or allowed to
accumulate on any part of the Properties,except that a regularly tended compost heap
shall be permitted if the compost heap is concealed from view of any of the properties.
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(c) Storage,of Vehicles Owners may not store goods or equipment or
permanently parked vehicles(e .;boats,cars,trucks,campers,and recreational vehicles)
in open view of any Lot,or allow Others to do so When vehicles or goods are
permanately parked or stored on Lots;for a,period over 24 hours,other than in the.
circumstances described below in subsection(e)of this section,the vehicles and goods
shall be adequately screened from the view:of adjacent right of ways and Lots The
screening of such vehicles of goods must'hav'e,the approval of the Architectural Control
Committee
(d). Improperly Parked Vehicles Upon 48 hours notice to Owners of
an improperly parked vehicle,the Board has the authority to have towed,at the Owners
expense,any vehicles that are parked in violation of-flits section
CD ,{
C.: (e). Temporary Parking by Owners ;lilts section does not prevent
L**-,, Owners from parking automobiles and trucks on driveways when the Owners are out of
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town.
(f) Temporary Parking by Guests. This section does not prevent
guests from parking automobiles,trucks or recreational vehicles in dnveways for a period
C.. of four days However,if the guests either(1)plan to park their vehicles in driveways or
(2)stay in their recreational vehicles for a period in excess of four days,the Owners must
�., obtain permission from the Board
(g) Dilapidated,Unsightly Vehicles Neither Owners nor their guests
are allowed to park dilapidated,dysfunctional or unsightly vehicles in driveways
Section 2 Easement for Enforcement Purposes Owners hereby
irrevocably grant to the Association permission for purposes of going upon the Lots of
Owners for the purpose of removing vehicles of other similar objects which are parked or
stored in violation of the terms of this Declaration .
Section 3 Lot Maintenance by the Association In the event that an owner
shall fail to maintain the exterior of his premises and the improvements situated thereon
in a manner consistent with maintenance standards of the Ridge View Plat community,
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the Board shall,upon receipt of written complaint of any Owner,and subsequent
investigation which verifies that complaint,have the right through its agents and
employees to enter upon the offending Owner's Lot and repair,maintain and restore the
Lot and the exterior of the improvements on that Lot if the Owner shall fail to respond in
a manner satisfactory to the Board within 45 days after mailing of adequate notice by
certified mail to the last known address of the Owner The cost of such repair,
maintenance or restoration shall be assessed against the Lot,and the Board shall have the
right to cause to be recorded a notice of lien for labor and materials furnished,which lien
may be enforced.in the manner provided by the law. In the event that the estimated cost
of such repair should exceed one-half or one assessed value of the Lot any improvements
of that Lot,the Board shall be required to have the assent of 51 percent of the members
before undertaking such repaill?
Section 4 Construction Exemption This Article does not apply to the
construction activities,storage of construction materials,construction debris,or the use
and parking of construction vehicles]y the Declarant or its contractors during the
Development period
ARTICLE VII
HOMEOWNER AfSSOCIATION
T
Section 1 Nonprofit Organization The/ ssociation is a nonprofit corporation
under the laws of the State of Washington.
Section 2 Membership Every Owner of any Lot shall become a member of the
Association. Membership shall be appurtenant to the LoVand may not be separated from
ownership of any Lot shall not be assigned or conveyed in any way except upon the
transfer of-title to said Lot and then only to the transferee of title to the Lot All Owners
shall have the rights and duties specified in this Declaration,the Article and the Bylaws
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C�l of the Association
Section 3 Voting nghts Owners,including the Declarant,shall be entitled to one
Cti
vote for each Lot owned When more than one person or entity owns an interest in any
Lot,the vote for that Lot shall be exercised as the Owners decide to exercise that vote,
`—' but zn no event shall more than one vote be cast with respect to any Lot nor shall any vote
be divided The voting rights of any Owner may be suspended as provided for in this
Declaration,the Article and the Bylaws of the Association.
Section 4 Meetings Meetings shall be conducted in accordance with the Bylaws
of the Ridge View Plat Homeowners' Association and RCW 64 38
ARTICLE VIII
MANAGEMENT BY BOARD
Section 1. Expiration of the Development Period Upon expiration of the
Declarant's management authority under Article III,all administrative power and
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authority shall vest in a Board of three directors who must be owners The Association,
by amendment of the Covenants,may increase the number of directors All Board
positions shall be open for election at the first annual meeting after termination of the
Development Period At the first meeting of either the temporary or permanent Board of
Directors,the new Board shall adopt Bylaws The Declarant will make copies of the
Bylaws available to Lot Owners upon request
Section 2 Terms The terms of the Board are defined in the Bylaws
Section 3 Powers of the Board All powers of the Board must be exercised in
accord with the Bylaws The Board,for the benefit of all the Properties and the Lot
Owners,shall enforce the provisions of this Declaration and the Bylaws.In addition to
the duties and powers imposed iy,'.the Bylaws and any resolution of the Association that
may be hereafter adopted,the Board shall have the power and be responsible for the
following,in way of explanation buttot limited to.
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(a) Insurance Obtain policies of general liability insurance.
(b) Legal and Accounting Services Obtain legal and accounting services
LI) if necessary to the administration of the Association affairs,administration of the
�--- Recreational Area within the Plat,or enforcement of this Declaration
°,
CN (c) Street Lighting Pay all costs‘of operating and maintaining street
Q lighting r; •
id).Maintenance of Lots. If necessary,<maintain any Lot if such
N••-- maintenance is reasonably necessary in the judgment of the Board to preserve the
appearance and value of the Properties or Lot.The Board may authorize such
�-•• maintenance activities if the Owner or Owners of the Lot have failed or refuse to perform ,
(N maintenance within a reasonable time after written notice of the necessity of such
C• maintenance has been delivered by the Board to the Owner or Owners of such Lot,
provided that the Board shall levy a special assessment against the Owner or Owners of
(-Ns; such Lot for the cost of such maintenance
(e).Discharge of Liens.The Board may also pay any amount necessary to
discharge any lien or encumbrance levied against the entire Properties or any part thereof
which is claimed or may,in the opinion of the Board,constitute a lien against the
Properties or against the Recreational Area within the,Plat rather than merely against the
interest therein of particular Owners Where one or more Owners are responsible for the
existence of such liens,they shall be jointly and severally liable for the cost of
discharging it and any costs or expenses,including reasonable attorney's fees and the
costs of title search incurred by the Board by reason of such lien or liens. Such fees and
costs shall be assessed against the Owner or Owners and the Lot responsible to the extent
of their responsibility
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(f). Security Pay all costs deemed appropriate by the Board to ensure
adequate security for the Lots constituting the residential community created on the
Properties
(g).Right to Contract Have the exclusive right to contract for all goods
and services,maintenance,and capital improvements provided,however,that such right
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of contract shall be subject to Association approval
(h) Right of Entry.Enter any Lot when reasonably necessary,in the event
of emergencies or in connection with any maintenance,landscaping or construction for
which the Board is responsible Except in cases of emergencies,the Board,its agents or '
employees shall attempt to give notice to the Owner or occupant of any Lot 24 hours
prior to such entry Such entry iii.ist be made with as little inconvenience to the Owner as
practicable,and any damage caused thereby shall be repaired by the Board if the entry
was due to an emergency(unless the emergency was caused by the Owner of the Lot
entered,in which case the cost shaltbespecially assessed to the Lot)If the repairs or
maintenance activity were necessitated i y`the Owner of the Lot entered,in which case
the cost shall be specially assessed to tliat Lot,If the emergency of the need for
maintenance or repair was caused by another Owner of another Lot,the cost thereof shall
be specially assessed against the Owner of cheater Lot
(i) Promulgation of Rules.Adopt"an€i publish rules and regulation
c,,) governing the members and their guests and establish penalties for any infraction thereof
(j) Declaration of Vacancies. DecIarr;the‘,office of a member of the
Board to be vacant in the event that a member of the Bord.is absent from three
‘t, , consecutive regular meetings of the Board
CN (ls) Employment of Manager Employ a manager,and independent
C-: contractor,or such other employees as the Board deems necessary and describe the duties
of such employees
C.
(1).Payment for Goods and Services Payfor all goods and services
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required for the proper functioning of the Recreational Area within the,Plat and the
Association
(m) Impose Assessments Impose annual and special assessments
(n) Bank Account. Open a bank account on behalf of the Association and
designate the signatories required
(o).Legal Actions Commerce legal actions for the enforcement of these •
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covenants or any other legal action that the Board of Directors deems necessary for the
protection of the Plat The Board also has the authority to defend against legal actions
initiated against the Association
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(p) Exercise of Powers Duties.and Authorities Exercise for.the
Association all powers,duties and authority vested in or delegated to the Association and
not reserved to the membership by other provisions of the Bylaws,Articles of
Incorporation,or this Declaration.The Board shall have all powers and authority
_ permitted to it under this Declaration and the Bylaws.However,nothing herein contained
shall be construed to give the Board authority to conduct a business for profit on behalf of
all Owners or any of them
ARTICLE IX
LAND USE RESTRICTIONS
Section 1 Residential4Restnctions All lots within the Properties shall be used
solely for private single-family;a residential purposes Each residence must have a pnvate
enclosed car shelter for not less4an two cars No single-family structure shall be altered
• to provide residence for than one family No Lot in Ridge View Plat shall be further
divided, ' ' •
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Section 2. Property Use Restrictions No Lot shall be used in a fashion that
unreasonably interferes with the other OwU; rs'right to use and enjoy their respective
Lots The Board,the Committee designatedlivA,tor the Declarant during the
l--f) Development Period,shall determine whether,any_given use of a Lot unreasonably
interferes with those rights,such determinations;hall:be conclusive
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C`�J Section 3 Prohibition Of Nuisances and Untidy Conditions. No noxious or
CD offensive activity or condition shall be conducted on=[ny Lot nor in the.Recreational
Area,nor shall anything lie done or maintained on the-1rc perties which may be or
become an activity or condition which unreasonably interferes with the right of the other
`r." Owners to use and enjoy any part of the Properties No untidy or unsightly condition shall
CRC be maintained on any property Untidy conditions shall include,but are not limited to,
publicly visible storage of wood,boats,trailers recreational vehicles and disabled
. vehicles of any kind
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. Section 4. Fences,Walls&Shrubs Fences,wall or shrubs are permitted to
CN delineate the lot lines of each Lot,subject to(1)The approval of the Architectural
Control Committee and(2)determination whether such fences,walls or shrubs would
interfere with utility easements reflected on the face of the Plat and other easements
elsewhere recorded No barbed wire or corrugated fiberglass fences shall be erected on
any Lot All fences,including chain link fences,open and solid,are to meet the standards
set by the Committee and must be approved by the Committee prior to construction or
installation No fences shall be constructed in the front yard or front setbacks Fences or
rails shall be erected and maintained at the top of any area where they create a vertical or
nearly vertical retaining wall or slope over three feet(3')
Section 5. Temporary Structures. No structure of a temporary character or trailer,
recreational vehicle,basement,tent,shack,garage,barn,or other outbuildings shall be
used on any Lot at any time as a residence,either temporarily or permanately No
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vehicles parked in public right-of-way may be used temporarily or permanately for
residential purposes except as provided m Article VI.
Section 6. Mining No oil drilling,oil development operations,oil refilling,
quarrying,or mining operation of any kind shall be permitted on or in any Lot,nor shall
oil wells,tanks,tunnels,mineral excavation or shafts be permitted on or in any Lot No
derricks or other.structure designed for use in boring for oil or natural gas shall be
erected,maintained or permitted upon any Lot Oil storage for residential heating
purposes is permissible of the storage tank is buried
Section 7. Signs. No signs,billboards,or other advertising structure or device
shall be displayed to the public"wiew on any Lot except one sign not to exceed five square
feet in area may be placed on a:Lbt to offer the property for sale or rent Signs also may
be used by a builder to advertisO:tylik property during the construction and sale period.
Political yard signs of a temporary nature will be allowed on Lots during campaign
periods.Within five days of the occurrence of the election,such signs must be removed
from Lots The Board may cause any si:pn'placed on Properties in violation of this
provision to be removed and destroyed" •
`, y
Section 8. Animals No animals other/than dogs,cats,caged birds,tanked fish,
and other conventional small household pets maybe kept on Lots Dogs shall not be
L.� allowed to run at large.The Owner or other person accompanying the ammal shall
remove animal waste deposited on lawns,sidewalks,trails and right-of-way All animal
pens and enclosures must be approved by the Committee prior to construction and shall
C` be kept clean and odor free at all times.If the investigation of the Board indicates that
animals are kept in violation of this section,the Board vi give the Owner 10 days'
written notice of the violation The Owner must remedy such violations within 10 days
Failure to comply with the written notice will result in a fine of$25 per day The
Association shall be entitled to attorneys' fees for any action taken to collect such fines in
(N accord with the provisions of Article XIII,Section 4.
ARTICLE X
C' BUILDING RESTRICTIONS
C� Section 1 Building Materials Homeowners who do not have MJF Holdings,Inc
or the contractor MJF Holdings,Inc.designated to construct homes for it("MJF
Holdings,Inc Contractor)shall be obliged to use materials of a quality equivalent to
those materials which MJF Holdings,Inc Contractor has utilized for the construction of
homes in the Plat. If inferior materials are utilized,the Committee will require that such
materials be replaced The(1)grade of materials and(2)price of materials shall be
relevant considerations in determining whether the materials equivalent quality
Section 2 Permits No construction or exterior addition or change or alteration of
any structure may be started on any portion of the Properties without the Owner first
obtaining a building permit and other necessary permits from the proper local
government authority and written approval of such permits from the Board,Architectural
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Control Committee or the Declarant The Committee must approve the plans for all
construction or alternation proposals(see article XII)
Section 3. Codes All construction must conform to the requirements of the State
of Washington,Uniform Bodes(building,mechanical,plumbing)and the City of Renton
codes and requirements,in force at the commencement of the construction,including the
latest revisions thereof
Section 4 Time of Completion The exterior of any structure,including painting
or other suitable finish and initial landscaping,shall be completed within eight months of
the beginning of construction so as to present a finished appearance when viewed from
any angle The construction arrea shall be kept reasonably clean during the construction
period
Section 5. Entry for Inspection Any agent,officer or member of the Board,
Committee,or the Declarant may,aanyyreasonable predetermined hour upon 24 hours
notice during the construction or extercofremodeling,enter and Inspect the structure to
determine if there has been comphancevith provisions of this Declaration.The above-
, recited individuals shall not be deemed guilty of trespass for such entry or inspection
There is created as easement over,upon awl across the residential Lots for the purpose of
making and carrying out such inspections ,
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Section 6 Contractor.No home maybe caristructed on any Lot other than by a
contractor licensed as general contractor under the'Stitues of the State of Washington
CND without the prior approval of the Committee �w t
cD
ARTICLE XI
C`~ UTILITIES
CN1 Section 1 Antennas. No radio or television antennas,transmitters or
parabolic reflectors(satellite dish antennae)shall be permitted unless approved by the
Committee
ARTICLE XII
C'`' ARCHITECTURAL CONTROL
Section 1 Architectural Control Committee (Committee") Upon termination of
the Development Period,the Board shall appoint a Committee.The Committee shall
consist of not less than three and not more than five members It is not a requirement that •
members of the Committee be(1)Owners or(2)members of the Association
During the Development Period,the Declarant may elect to exercise and perform
the functions of the Committee If the Declarant elects not to perform this function,or at
any time elects to no longer perform this function,the Declarant or the Board shall
appoint the Committee to function as herein provided.After termination of the
Development_,Period,the functions of the Committee shall be performed by the Board
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until such time as the Board shall appoint and designate the Committee The Committee
shall be appointed within a month of the election of the Board following the termination
of the Development Period
Section 2. Jurisdiction and Purpose The Committee or the Declarant shall review
proposed plans and specifications for Residences,accessory structures(e.g,garden
sheds,tools sheds,doll houses,tree houses,gazebos,and playground equipment),fences,
walls,appurtenant recreational facilities(e g.,hot tubs,spas,basketball courts,basketball
hoops,tennis courts,swimming pools,bath houses,animal pens,or enclosures),or other
extenor structures to be placed upon the Properties No exterior addition or structural
alteration may be made until plans and specifications showing the nature,kind,shape,
height,materials,and location'bf the structure or alteration have been submitted to and
approved,in writing,by the Thr biittee The Committee also shall review proposals to
change the exterior design and I0pation of the proposed structure,alteration,or color
change harmonize with the(1)surrounding structures,(2)surrounding natural and built
environment,and(3)aesthetic charaeter:`of other homes in the Plat ,
Section 3 Membership The Coi'nitiittee shall be designed by the Board An
election to fill either a newly created position. n the Committee or a vacancy on the
Committee requires the vote of the malority,+f the entire Board.However,the Board is
S 1_f 3 not obligated to fill a vacancy on the Committee unless the membership of the Committee
•
,-... numbers less than three persons. ;' .
C..1 Section 4. Designation of a Representative The Committee may unanimously
_ c designate one or more of its members or a third party'to apt on behalf of the Committee
C or a Committee member with respect to both ministerial-matters or discretionary
L..,,, judgments
•
L. (N Section 5. Donation of Time No member of the Committee shall be entitled to
a— any compensation for services performed on behalf of the Committee. Committee
C� members or representatives shall have no financial liability resulting from Committee
C:, actions
cN Section 6 Address of the Committee.The address of the Committee shall be the
registered office address of the Association
Section 7. Voting Committee decisions shall be determined by a majority vote
by the members of the Committee
Section 8. Submission of Plans.All plans and specifications required to be
submitted to the Committee shall be submitted by mail to the address of the Committee in
duplicate The written submission shall contain the name and address of the Owner
submitting the plans and specifications,identify of the Lot involved,and the following
information about the proposed structure.
I
(a) The location of the structure upon the Lot;
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(1?) The elevation of the structure with reference to the existing and
finished Lot grade,
(c) The general design,
(d) The interior layout,
(e) The exterior finish materials and color,including roof materials,
(f) The landscape plan,
'
(g) Other information which may require in order to determine whether
the structure conforms to the standards articulated in the Declaration
and the standards;employed by the Committee in evaluating
development proposes
Section 9 Plan Check Fee All individuals submitting plans to the Committee
shall be obliged to pay a reasonable plan'check fee to cover the administrative costs of
[l) reviewing such development proposals It will,bemecessary to pay the plan check fee
am:
e--- upon submitting plans and specifications fory Residences.A fee of$25 will be charged for
! the review of other structures
Section 1'0 Evaluating Development Proposals, The Committee shall have the
authority to establish aesthetic standards for evaluating development proposals In
addition to such standards,in evaluating developmentpoposals,the Committee shall
determine whether the external design,color,building materials,appearance,height
1cNi configuration,and landscaping of the proposed structure harmonize with(1)the various
features of the natural built environment,(2)the aesthetic character of the other homes in
(\I t • Ridge View Plat,and(3)any other factors which affect the desirability or suitability of a
proposed structure or alteration The Committee will not approve temporary or non-
,—
permanent structures. Committee determinations may be amended by a majority vote of
(N Committee members
Section 11 Exclusions The Committee is not required to review plans and
specifications for homes constructed by MJF Holdings,Inc,or MJF Holdings,Inc
Contractor
Section 12. Approval Procedures Within 30 days after the receipt of plans and
specifications,the Committee shall approve or disapprove the proposal structure The
Committee may decline,to approve plans and specifications which,in its opinion,do not
conform to restrictions articulated in this Declaration or its1aesthetic standards The
Committee shall-indicate its approval or disapproval on one of the copies of the plans and
specifications provided by the applicant and shall return the plans and specifications to
the address shown on the plans and specifications
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Section 13. Compliance with Codes In all cases,ultimate responsibility for
satisfying all local building codes and requirements rests with the Owner and contractor
employed by the Owner The Committee has no responsibility for ensuring that plans and
specifications which it reviews comply with local building codes and requirements The
Committee shall be held harmless in the event that a structure which it authorizes fails to
comply with relevant building and zoning requirements for any defect in any plans or
specifications which are approved by the Committee nor shall any member of the
Committee or any person acting on behalf of the Committee be held responsible for any
defect in a structure which was built pursuant to plans and specifications approved by the
Committee
Section 14 Variation<0e Committee shall have the authority to approve plans
and specifications which do rit conform to these restrictions in order to(1)overcome
practical difficulties or(2)prevertundue hardship from being imposed on an Owner as a
result of applying these restriction's:However,such variations may only be approved in
the event that the variation will not`(1)'detrimentally impact on the overall appearance of
the development,(2)impair the attractive-development of the subdivision or(3)
adversely affect the character of nearby Lots Granting such variations shall only be
granted if the Committee determines that the variation would further the purposes and
intent of these restrictions Variations shall;rimy-be granted in extraordinary
circumstances
Section 15 Enforcement In any judicial action to enforce a determination of the
Committee,the losing party shall pay the prevailing:party's attorneys' fees,expert
witness fees,and other costs incurred in connection'W th such legal action or appeal (See
r` Article XV,Section 4) f"
CD
Q ARTICLE XIII
rs•" GENERAL PROVISION
•
Section 1 Covenants Running with the Land These covenants are to run with the
land and be binding on all parties and persons claiming under them for a period of 30
years from the date these covenants are recorded,after which time the covenants shall be
automatically extended for successive period of 10 years unless an instrument signed by a
ma}ority of the individuals then owning Lots has been recorded which reflects their intent
to amend the covenants in whole or in part.
Section 2. Amendment. This Declaration and the Bylaws may be amended
during the initial 30-year period if 51 percent of the members vote to amend particular
provisions of either instrument.This Declaration may be amended during the
Development Period by any instrument signed by both the Declarant and the Owners of
51 percent of the.Lots,including those owned by the Declarant The provisions expressly
referring to the Declarant may not be amended without the Declarant's approval All
amendments must be filed with the office of the King County Records Department or its
successor agency.These covenants may not be amended to limit or eliminate the
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responsibility for maintaining the common storm water facility without the prior approval
of the city of Renton
Section 3 Enforcement The Association,the Board,or any Owner shall have the
right to enforce,by any legal proceeding,all restrictions,conditions,covenants,
reservations,liens and charges now or hereafter imposed by the provisions of this
Declaration
Section 4. Attorneys' Fees In the event that it is necessary to seek the services
of an attorney in order to enforce any(1)provision of this Declaration or(2)lien created
pursuant to the authority of this Declaration,the individual against whom enforcement is
sought shall be obliged to pay.aariy attorneys' fees incurred. If the Owner fails to pay such
fees within 60 days,such fee`ssh,l)become a lien against the Owner's Lot
In any legal action commenced in order to enforce the provisions of this
Declaration,the prevailing party shall=beentitled to recover all reasonable attorneys' fees
and expert witness fees incurred in orde05 enforce the provisions of this Declaration
The prevailing party shall also be entitlecFto recover all costs
Section 5 Successors and Assigns9ovenants,restrictions and conditions
articulated in this Declaration shall run with the land and shall accordingly be binding on
all successors and assigns
(N
C�J Section 6 Sever ability. The invalidity of any or more phrases,clauses,
O sentences,paragraphs or sections hereof shall not affectthe remaining portions of this
Declaration of any part thereof In the event that one or, 'ore of the phrases,clauses,
sentences,paragraphs or sections contained herein should be invalid,this Declaration
'‘'""' shall be constructed as if the invalid phrase,clause,paragraph or section had not been
CNI inserted
C`
C`w IN WITNESS WHEREOF the undersigned,being the Declarant herein,has
hereunto set his hand and seal this .1.1' day of LJd tic-mi3CT , 2-60 2-
. MJF Holdings Inc
Declarant
By:at., u;, 7eIAZ /A
•
Its President f
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STATE OF WASHINGTON )
)ss,
COUNTY OF KING )
On this & " day of vu,oe( , ZCOL ,before me,the undersigned,a
notary public in and for the State of Washington,personally appeared Michael J
• Feuerborn,President of MJF Holdings,Inc,a Washington Corporation,the corporation
that executed the within and foregoing instrument,acknowledged the said instrument to •
be the free and voluntary act and deed of said corporation,for the uses and purposes
therein mentioned,and on oatl'stated that he is authorized to execute the said instrument
and that the seal affixed is the corporate seal of said corporation
WITNESS my hand and official seal hereto affixed the day and year first written
above
5.62 • � 57
s5ION-4:4)% 4� N ' c in a for the State of
:U NOTARY m i Washington -
PUBLIC `or ; Residing at_ iekt,a(2/0'1
c\I ��'0 , 9 30^0 •. �, My comniisssion expires 09 .30 O/
(N
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EXHIBIT A
, LEGAL DESCRIPTION-
THE SOUTH HALF OF THE WEST HALF OF THE EAST HALF OF THE NORTHEAST 1/4 OF
THE NORTHWEST 1/4 IN SECTION 10,TOWNSHIP 23 NORTH, RANGE 5 EAST,W. M.;
EXCEPT THE SOUTH 30 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD 8Y DEED
RECORDED UNDER KING COUNTY RECORDING NO. 4836102;
AND EXCEPT THE WEST 42FEET THEREOF CONDEMNED IN KING COUNTY SUPERIOR
COURT CAUSE NO. 701162 F130 AVENUE S.E ;
• SITUATE IN THE CM OF RENTONCOLINTY OF KING, STATE OF WASHINGrON.
1l•
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• �,r
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