HomeMy WebLinkAboutLUA-06-012_MiscLot Closure Calculations for Plat of Ridgeview Court
AEC Job No. 0312
Parcel name: LOT 1
North: 180364.7059 East: 1312655.2536
Line Course: N 88-09-35 W Length: 90.024
North: 180367.5969 East: 1312565.2750
Line Course: N 00-44-31 E Length: 49.402
North: 180416.9948 East: 1312565.9147
Line Course: S 88-09-35 E Length: 90.024
North: 180414.1038 East: 1312655.8933
Line Course: S 00-44-31 W Length: 49.403
North: 180364.7049 East: 1312655.2536
Perimeter: 278.855 Area: 4,447 sq. ft. 0.10 acres
Mapcheck Closure -(Uses listed courses, radii, and deltas)
Error Closure: 0.0010 Course: S 00-44-31 W
Error North: -0.00100 East: -0.00001
Precision 1: 278,855.000
Page 1 of 24
January 3, 2006
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DEVELOPMENT PLANNING
CITY OF P,'ONTON
FEB-9 2006
RECEIVED
AMERICAN ENGINEERING (ORPOkAHl
4032 14Sth Avenue NE
Redmond, WA 9S052
Lot Closure Calculations for Plat of Ridgeview Court
AEC Job No. 0312
Parcel name: LOT 2
North: 180416.9953 East: 1312565.9148
line Course S 88-09-35 E Length: 90.024
North: 180414.1042 East: 1312655.8934
line Course: N 00-44-31 E Length: 40.007
North: 180454.1079 East: 1312656.4115
line Course: N 88-09-35 W Length: 90.024
North: 180456.9989 East: 1312566.4329
line Course S 00-44-31 W Length: 40.007
North: 180416.9953 East: 1312565.9148
Perimeter: 260.064 Area: 3,601 sq. It. 0.08 acres
Mapcheck Closure -(Uses listed courses, radii, and deltas)
Error Closure: 0.0000 Course: S 90-00-00 E
Error North: 0.00000 East: 0.00000
Precision 1: 260,064,000.000
Page 2 of 24
January 3, 2006
P ;\2003\031 2\Survey\ParceJs\0312L C.doc
AMERICAN ENGINEERING CORPORATION
4032 148th Avenue NE
Redmond, WA 98052
Lot Closure Calculations for Plat of Ridgeview Court
AEC Job No. 0312
Parcel name: LOT 3
North: 180454.1083 East: 1312656.4113
Line Course: N 88-09-35 W Length: 90.024
North: 180456.9993 East: 1312566.4328
Line Course: N 00-44-31 E Length: 56.736
North: 180513.7305 East: 1312567.1674
Curve Length: 2.125
Delta: 3-02-36
Chord: 2.124
Course In: S 01-08-53 E
RP North: 180473.7386
End North: 180513.7167
Line Course: S 88-06'17 E
North: 180511.7819
Curve Length: 18.508
Delta: 35-20-53
Chord: 18.216
Course In: S 01-53-42 W
RP North: 180481.7983
End North: 180505.6805
Radius: 40.000
Tangent: 1.063
Course: S 89-37-35 E
Course Out: N 01-53-43 E
East: 1312567.9689
East: 1312569.2918
Length: 58.500
East: 1312627.7598
Radius: 30.000
Tangent: 9.559
Course: S 70-25-51 E
Course Out: N 37-14-36 E
East: 1312626.7678
East: 1312644.9238
Line Course: S 06-20-55 E Length: 4.660
North 180501.0491 East: 1312645.4391
Line Course: S 43-40-53 E Length: 7.111
North: 180495.9065 East: 13126503503
Line Course: S 81-59-38 E Length: 3.153
North: 180495.4673 East: 1312653.4 726
Curve Length: 14.581
Delta: 27-50-51
Chord: 14.438
Course In: S 62-53-40 W
RP North: 180481.7984
End North: 180481.4099
Radius: 30.000
Tangent: 7.437
Course: S 13-10-55 E
Course Out: S 89-15-29 E
East: 1312626.7675
East: 1312656.7650
Line Course: S 00-44-31 W Length: 27.304
North: 180454.1082 East: 1312656.4114
Perimeter: 282.702 Area: 4,893 sq. It. 0.11 acres
Mapcheck Closure -(Uses listed courses, radii, and deltas)
Error Closure: 0.0001 Course: S 43-58-59 E
Error North: -0.00008 East: 0.00008
Precision 1: 2,827,030.000
Page 3 0124
January 3, 2006
P :12003103121Survey1Parcels10312LC .doc
AMERICAN ENGINURING CORPORATION
4032 148th Avenue NE
Redmond, WA 98052
Lot Closure Calculations for Plat of Ridgeview Court
AEC Job No. 0312
Parcel name: LOT 4
North: 180435.6122 East: 1312516.1517
Line Course: S 89-15-29 E Length: 50.000
North: 180434.9648 East: 1312566.1475
Line Course: N 00-44-31 E Length: 78.772
North: 180513.7302 East: 1312567.1676
Curve Length: 30.918
Delta: 44-17-11
Chord: 30.154
Course In: S 01-08-53 E
RP North: 180473.7382
End North: 180501.8072
Radius: 40.000
Tangent: 16.277
Course: S 66-42-31 W
Course Out: N 45-26-04 W
East: 1312567.9690
East: 1312539.4711
Curve Length 26.509 Radius: 50.000
Delta: 30-22-37 Tangent: 13.574
Chord: 26.200 Course: S 59-45-14 W
Course In: N 45-26-04 W Course Out: S 15-03-27 E
RP North: 180536.8934 East: 1312503.8487
End North: 180488.6102 East: 1312516.8381
Line Course: S 00-44-31 W Length: 53.002
North: 180435.6126 East: 1312516.1518
Perimeter: 239.201 Area: 3,371 sq. ft. 0.08 acres
Mapcheck Closure -(Uses listed courses, radii, and deltas)
Error Closure: 0.0004 Course: N 05-24-30 E
ErroTNorth: 0.00038 East: 0.00004
Precision 1: 598,002.500
Page 4 of 24
January 3, 2006
P:\2003\0312\Survey\Parcels\0312LC.doG
AMERICAN ENGINEERING CORPORATION
4032148th Avenue NE
Redmond, WA 98052
Lot Closure Calculations for Plat of Ridgeview Court
AEC Job No. 0312
Parcel name: LOT 5
North: 180367.5971 East: 1312565.2751
Line Course: N 88-09-35 W Length: 50.009
North: 180369.2031 East: 1312515.2919
Line Course: N 00-44-31 E Length: 66.415
North: 180435.6125 East: 1312516.1519
Line Course: S 89-15-29 E Length: 50.000
North: 180434.9650 East: 1312566.1478
Line Course: S 00-44-31 W Length: 67.373
North: 180367.5977 East: 1312565.2753
Perimeter: 233.797 Area: 3,345 sq. ft. 0.08 acres
Mapcheck Closure -(Uses listed courses, radii, and deltas)
Error Closure: 0.0006 Course: N 18-24-58 E
Error North: 0.00059 East: 0.00020
Precision 1: 389,661.667
Page 5 of 24
January 3, 2006
P:\2003\0312\Su rvey\Parce!s\0312LCdoc
AMERICAN ENGIHflRINti CORPORATION
4032 1481h Avenyg Mg' , ,
Redmond, WA ~/jQ§~'
Lot Closure Calculations for Plat of Ridgeview Court
AEC Job No. 0312
Parcel name: LOT 6
North: 180370.8090 East: 1312465.3151
Line Course: S 88-09-35 E Length: 50.002
North: 180369.2033 East: 1312515.2913
Line Course: N 00-44-31 E Length: 57.469
North 180426.6675 East: 1312516.0354
Line Course: N 89-15-29 W Length: 49.993
North: 180427.3148 East: 1312466.0466
Line Course: S 00-44-31 W Length: 56.510
North: 180370.8096 East: 1312465.3149
Perimeter: 213.975 Area: 2,849 sq. fL 0.07 acres
Mapcheck Closure -(Uses listed courses, radii, and deltas)
Error Closure: 0.0006 Course: N 18-13-28 W
Error North: 0.00055 East: -0.00018
Precision 1: 356,623.333
Page 6 of 24
January 3, 2006
P :\2003\0312\Survey\Parce!s\0312LC.doc
AMERICAN ENGINEERING CORPORATIOItJ
4032 148th Avenue NE
Redmond, WA 98052
Lot Closure Calculations for Plat of Ridgeview Court
AEC Job No. 0312
Parcel name: LOT 7
North: 180426.6673 East: 1312516.0359
line Course: N 89-15-29 W Length 49.993
North 180427.3147 East: 1312466.0471
line Course: N 00-44-31 E Length: 75.759
North: 180503.0673 East: 1312467.0281
Curve Length: 54.528
Delta: 62-29-05
Chord: 51.866
Course In: N 47-25-38 E
RP North: 180536.8937
End North: 180488.6104
Radius: 50.000
Tangent: 30.332
Course: S 73-48-55 E
Course Out: S 15-03-27 E
East: 1312503.8490
East: 1312516.8384
line Course: S 00-44-31 W Length: 61.948
North: 180426.6676 East: 1312516.0363
Perimeter: 242.228 Area: 3,188 sq. ft. 0.07 acres
Mapcheck Closure -(Uses listed courses, radii, and deltas)
Error Closure: 0.0004 Course: N 58-25-42 E
Error North: 0.00023 East: 0.00037
Precision 1: 605,570.000
Page 7 of 24
January 3, 2006
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AMER'~~:~Gl48NtEhERA'NG CORPORAl/Of
venue NE
Redmond, WA 98052
Lot Closure Calculations for Plat of Ridgeview Court
AEC Job No. 0312
Parcel name: LOT B
North: 180370.8090 East: 1312465.3151
Line Course: N 88-09-35 W Length: 43.780
North: 180372.2150 East: 1312421.5576
Line Course: N 00-47-48 E Lenglh: 132.993
North: 180505.1951 East: 1312423.4068
Line Course: S 89-12-12 E Length: 42.267
North: 180504.6074 East: 1312465.6697
Curve Length: 2.054
Delta 2-21-12
Chord: 2.054
Course In: N 49-46-50 E
RP North: 180536.8933
End North: 180503.0670
Radius: 50.000
Tangent: 1.027
Course: S 41-23-46 E
Course Out: S 47-25-38 W
East: 1312503.8485
Easl: 1312467.0276
Line Course: S 00-44-31 W Length: 132.269
North: 180370.8090 East: 1312465.3149
Perimeter: 353.362 Area: 5,829 sq. ft. 0.13 acres
Mapcheck Closure -(Uses listed courses, radii, and deltas)
Error Closure: 0.0002 Course: N 86-38-39 W
Error North: 0.00001 East: -0.00021
Precision 1: 1,766,815.000
Page B of 24
January 3, 2006
P :\2003\0312\Survey\P arcels\0312LC .doc
AMERICAN ENGINEERING CORPORATION
4032 1481h Avenue NE
Redmond. WA 98052
Lot Closure Calculations for Plat of Ridgeview Court
AEC Job No. 0312
Parcel name: LOT 9
North: 180506.0990 East: 1312358.4164
Line Course: N 00-47-45 E Length: 40.000
North: 180546.0951 East: 1312358.9720
Line Course: S89-12-12 E Length: 95.510
North: 180544.7671 East: 1312454.4728
Curve Length: 43.005
Delta: 49-16-47
Chord: 41.691
Course In: S 80-56-23 E
RP North: 180536.8935
End North: 180504.6076
Radius: 50.000
Tangent: 22.934
Course: S 15-34-47 E
Course Out: S 49-46-50 W
East: 1312.503.8489
East: 1312465.6701
Line Course: N 89-12-12 W Length: 107.266
North: 180506.0990 East: 1312358.4165
Perimeter: 285.778 Area: 3,928 sq. It. 0.09 acres
Mapcheck Closure -(Uses listed courses, radii, and deltas)
Error Closure: 0.0001 Course: N 28-47-10 E
Error North: 0.00005 East: 0.00003
Precision 1: 2,857,790.000
Page 9 0124
January 3, 2006
P :\2003\0312\S urvey\Parcels\0312LC .doc
AMERICAN ENGINEERING CORPORATJOIi.
4032148th Avenue NE
Redmond, WA 98052
Lot Closure Calculations for Plat of Ridgeview Court
AEC Job No. 0312
Parcel name: LOT 10
North: 180546.0951 East: 1312358.9721
Line Course: N 00-47-45 E Length: 40.000
North: 180586.0912 East: 1312359.5276
Line Course: S 89-12-12 E Length: 108.559
North: 180584.5818 East: 1312468.0761
Line Course: S 00-44-31 W Length: 12.928
North: 180571.6549 East: 1312467.9087
Curve Length: 30.530
Delta: 34-59-07
Chord: 30.058
Course In: S 45-57-16 E
RP North: 180536.8934
End North: 180544.7671
Radius: 50.000
Tangent: 15.758
Course: S 26-33-10 W
Course Out: N 80-56-23 W
East: 1312503.8481
East: 1312454.4719
Line Course: N 89·12-12 W Length: 95.510
North: 180546.0951 East: 1312358.9712
Perimeter: 287.527 Area: 4,119 sq. ft. 0.09 acres
Mapcheck Closure -(Uses listed courses, radii, and deltas)
Error Closure: 0.0009 Course: S 87-28-11 W
Error North: -0.00004 East: -0.00089
Precision 1: 319,474.444
Page 10 of 24
January 3, 2006
P :\2003\0312\Survey\Parcels\0312LC.doc
AMIRICAN ENGINEERING CORPORATIOH
4032 148th Avenue NE
Redmond, WA 98052
Lot Closure Calculations for Plat of Ridgeview Court
AEC Job No. 0312
Parcel name: LOT 11
Norlh: 180584.5817 East: 1312468.0767
Line Course: N 89-12-12 W Length: 108.559
North: 180586.0911 East: 1312359.5281
Line Course: N 00-47-45 E Length: 40.000
North: 180626.0872 East: 1312360.0R37
Line Course: S 89-12-12 E Length: 108.522
North: 180624.5784 East: 1312468.5952
Line Course: S 00-44-31 W Lenglh 40.000
North: 180584.5817 East: 1312468.0773
Perimeter: 297.081 Area: 4,342 sq. It. 0.10 acres
Mapcheck Closure -(Uses listed courses, radii, and deltas)
Error Closure: 0.0006 Course: N 89-06-57 E
Error North: 0.00001 East: 0.00062
Precision 1: 495,135.000
Page 11 of 24
January 3, 2006
P :\2003\0312\Survey\Parcels\0312l C .doc
AMERICAN ENGINEERING CORPORATIO~j
4032 148th Avenue NE
Redmond. WA 98052
Lot Closure Calculations for Plat of Ridgeview Court
AEC Job No. 0312
Parcel name: LOT 12
North: 180626.0874 East: 1312360.0833
Line Course: S 89-12-12 E Length: 108.522
North: 180624.5785 East: 1312468.5948
Line Course: N 00-44-31 E Length: 40.000
North 180664.5751 East: 1312469.1128
Line Course N 89-12-12 W Length: 108.484
North: 180666.0835 East: 1312360.6393
Line Course: S 00-47-45 W Length: 40.000
North: 180626.0874 East: 1312360.0837
Perimeter: 297.006 Area: 4,340 sq. ft. 0.10 acres
Mapcheck Closure -(Uses listed courses, radii, and deltas)
Error Closure: 0.0004 Course: S 86-26-39 E
Error North: -0.00002 East: 0.00038
Precision 1: 742,515.000
Page 12 of 24
January 3, 2006
P ;\2003\0312\Survey\Parcel s\0312LC.doc
AMfRICAN ENGINEERING CORPORATION
4032 148th Avenue NE
Redmond, WA 98052
Lot Closure Calculations for Plat of Ridgeview Court
AEC Job No. 0312
Parcel name: LOT 13
North: 180666.0835 East: 1312360.6389
Line Course: S 89-12-12 E Length: 108.484
North: 180664.5752 East: 1312469.1125
Line Course: N 00-44-31 E Length: 36.435
North: 180701.0071 East: 1312469.5843
Line Course: N 88-06-17 W Length: 108.4 70
North: 180704.5945 East: 1312361.1736
Line Course: S 00-47-45 W Length: 38.514
North: 180666.0842 East: 1312360.6387
Perimeter: 291.903 Area: 4,065 sq. ft. 0.09 acres
Mapcheck Closure -(Uses listed courses, radii, and deltas)
Error Closure: 0.0008 Course: N 22-18-10 W
Error North: 0.00071 East: -0.00029
Precision 1: 364,878.750
Page 13 of 24
January 3, 2006
P ;\2003\0312\Survey\Parcels\0312LC.doc
AMERICAN ENGINEERING CORPORATIOf.l
4032 148th Avenue NE
Redmond, WA 98052
Lot Closure Calculations for Plat of Ridgeview Court
AEC Job No. 0312
Parcel name: LOT 14
North: 180645.9944 East: 1312468.8719
Line Course: S 89-15-29 E Length: 50.000
North: 180645.3469 East: 1312518.8677
Line Course: S 00-44-31 W Length: 60.528
North: 180584.8240 East: 1312518.0840
Curve Length: 54.538 Radius: 50.000
Delta: 62-29-45 Tangent: 30.338
Chord: 51.874 Course: S 75-17-36 W
Course In: S 16-32-29 W Course Out: N 45-57-16 W
RP North: 180536.8933 East: 1312503.8486
End North: 180571.6548 East: 1312467.9092
Line Course: N 00-44-31 E Length: 74.346
North: 180645.9946 East: 1312468.8719
Perimeter: 239.412 Area: 3,117 sq. ft. 0.07 acres
Mapcheck Closure -(Uses listed courses, radii, and deltas)
Error Closure: 0.0002 Course: N 06-23-43 W
Error North: 0.00018 East: -0.00002
Precision 1: 1,197,060.000
Page 14 of 24
January 3, 2006
P ;\2003\0312\Survey\Parcel 5\0312 LC.doG
AMERICAN ENGINEERING CORPORATlO~J
4032 148th Avenue NE
Redmond, WA 98052
Lot Closure Calculations for Plat of Ridgeview Court
AEC Job No. 0312
Parcel name: LOT 15
North: 180645.9944 East: 1312468.8719
Line Course: S 89-15-29 E Length: 50.000
North: 180645.3469 East: 1312518.8677
Line Course: N 00-44-31 E Length: 54.011
North: 180699.3534 East: 1312519.5671
Line Course: N 88-06-17 W Length: 50.010
North: 180701.0074 East: 1312469.5845
Line Course: S 00-44-31 W Length: 55.017
North: 180645.9950 East: 1312468.8721
Perimeter: 209.038 Area 2,726 sq. ft. 0.06 acres
Mapcheck Closure -(Uses listed courses, radii, and deltas)
Error Closure: 0.0006 Course: N 12-58-52 E
Error North 0.00060 East: 0.00014
Precision 1: 348,396.667
Page 15 of 24
January 3, 2006
P:\2003\0312\Survey\Parcels\0312LC.doc
AMERICAN ENGINEERING (ORPORAT/O~1
4032 148th Avenue NE
Redmond, WA 98052
Lot Closure Calculations for Plat of Ridgeview Court
AEC Job No. 0312
Parcel name: LOT 16
North: 180643.2674 East: 1312518.8408
Line Course S 89-15-29 E Length: 50.000
North: 180642.6199 East: 1312568.8366
Line Course: N 00-44-31 E Length: 55.084
North: 180697.6993 East: 1312569.5499
Line Course: N 88-06-17 W Length: 50.010
North: 180699.3533 East: 1312519.5673
Line Course: S 00-44-31 W Length: 56090
North: 180643.2680 East: 1312518.8409
Perimeter: 211.184 Area: 2,779 sq. ft. 0.06 acres
Mapcheck Closure -(Uses listed courses, radii, and deltas)
Error Closure: 0.0006 Course: N 12-58-52 E
Error North: 0.00.060 East: 0.00014
Precision 1: 351,973.333
Page 16 of 24
January 3, 2006
P :\2003\0312\Survey\Parcels\0312LC .doc
AMERICAN ENGINEERING (ORPORATlO.1
4032 148th Avenue NE
Redmond, WA 98052
Lot Closure Calculations for Plat of Ridgeview Court
AEC Job No. 0312
Parcel name: LOT 17
North: 180643.2674 East: 1312518.8408
Line Course: S 89·15-29 E Length: 50.000
North: 180642.6199 East: 1312568.8366
Line Course: S 00·44-31 W Length 86.725
North: 180555.9022 East: 1312567.7136
Curve Length: 30.067
Delta 43·04·04
Chord: 29.364
Course In: N 06·09·26 E
RP North: 180595.6714
End North: 180569.5478
Curve Length: 28.522
Delta: 32-41-01
Chord: 28.137
Course In: S 49-13-30 W
RP North: 180536.8933
End North: 180584.8240
Radius: 40.000
Tangent: 15.784
Course: N 62-18-32 W
Course Out: S 49-13-30 W
East: 1312572.0039
East: 1312541.7127
Radius: 50.000
Tangent: 14.661
Course: N 57-07-01 W
Course Out: N 16-32-29 E
East: 1312503.8487
East: 1312518.0841
Line Course: N 00-44-31 E Length: 58.448
North: 180643.2671 East: 1312518.8409
Perimeter: 253.762 Area: 3,684 sq. It. 0.08 acres
Mapcheck Closure -(Uses listed courses, radii, and deltas)
Error Closure: 0.0003 Course: S 26-58-18 E
Error North: -0.00023 East: 0.00012
Precision 1: 845,873.333
Page 17 of 24
January 3, 2006
P:\2003\0312\Survey\Parce!s\0312LC.doc
AMERICAN ENGINURIN6 CORPORATlmJ
4032 148th Avenue NE
Redmond, WA 98052
Lot Closure Calculations for Plat of Ridgeview Court
AEC Job No. 0312
Parcel name: LOT 18
North: 180555.9022 East: 1312567.7136
Line Course: N 00-44-31 E Length: 56.191
North: 180612.0885 East: 1312568.4413
Line Course: S 88-06-17 E Length: 90.027
North: 180609.1110 East: 1312658.4190
Line Course: S 00-44-31 W Length: 25.691
North: 180583.4222 East: 1312658.0863
Curve Length 15.004 Radius: 30.000
Delta: 28-39-23 Tangent: 7.663
Chord: 14.849 Course: S 15-04-13 W
Course In: N 89-15-29 W Course Out: S 60-36-06 E
RP North: 180583.8106 East: 1312628.0889
End North: 180569.0843 East: 1312654.2257
Line Course: S 84-08-43 W Length: 3.007
North: 180568.7775 East: 1312651.2344
Line Course: S 46-19-07 W Length: 7.112
North: 180563.8657 East: 1312646.0910
Line Course: S 08-29-30 W Length: 4.598
North: 180559.3181 East: 1312645.4121
Curve Length: 19.461
Delta: 37-10-01
Chord: 19.121
Course In: N 35-16-18 W
RP North: 180583.8108
End North: 180553.8272
Radius: 30.000
Tangent: 10.086
Course: S 73-18-43 W
Course Out: S 01-53-43 W
East: 1312628.0885
East: 1312627.0963
line Course: N 88-06-17 W Length: 56.446
North: 180555.6940 East: 1312570.6812
Curve Length: 2.975
Delta: 4-15-43
Chord: 2.975
Course In: N 01-53-43 E
RP North: 180595.6721
End North: 180555.9029
Radius: 40.000
Tangent: 1,488
Course: N 85-58-26 W
Course Out: S 06-09-26 W
East: 1312572.0041
East: 1312567.7138
Perimeter: 280.512 Area: 4,835 sq. ft. 0.11 acres
Mapcheck Closure -(Uses listed courses, radii, and deltas)
Error Closure: 0.0007 Course: N 11-09-37 E
Error North: 0.00070 East: 0.00014
Precision 1: 400,731.429
Page 18 of 24
January 3, 2006
P :\2003\0312\SurJey\Parcels\0312L C.doc
AMERICAN ENGINEERING CORPORATION
4032 148th Avenue NE
Redmond, WA 98052
Lot Closure Calculations for Plat of Ridgeview Court
AEC Job No. 0312
Parcel name: LOT 19
North: 180612.0881 East: 1312568.4412
Line Course: S 88-06-17 E Length: 90.027
North: 180609.1107 East: 1312658.4190
Line Course: N 00-44-31 E Length: 40.008
North: 180649.1153 East: 1312658.9370
Line Course: N 88-06-17 W Length: 90.027
North: 180652.0928 East: 1312568.9593
Line Course: S 00-44-31 W Length: 40.008
North 180612.0881 East: 1312568.4412
Perimeter: 260.069 Area: 3,601 sq. ft. 0.08 acres
Mapcheck Closure -(Uses listed courses, radii, and deltas)
Error Closure: 0.0000 Course: S 90-00-00 E
Error North: 0.00000 East: 0.00000
Precision 1: 260,070,000.000
Page 19 of 24
January 3, 2006
P :\2003\0312\Survey\Parcels\0312L C.doc
AMERICAN ENGINEERING CORPORATION
4032 148th Avenue NE
Redmond. WA 98052
Lot Closure Calculations for Plat of Ridgeview Court
AEC Job No. 0312
Parcel name: LOT 20
North: 180652.0929 East: 1312568.9593
Line Course: S 88-06-17 E Length: 90.027
North: 180649.1154 East: 1312658.9370
Line Course: N 00-44-31 E Length: 45.610
North: 180694.7216 East: 1312659.5276
Line Course: N 88-06-17 W Length: 90.027
North: 180697.6990 East: 1312569.5499
Line Course: S 00-44-31 W Length: 45.610
North: 180652.0929 East: 1312568.9593
Perimeter: 271.273 Area: 4,105 sq. ft. 0.09 acres
Mapcheck Closure -(Uses listed courses, radii, and deltas)
Error Closure: 0.0000 Course: S 90-00-00 E
Error North: 0.00000 East: 0.00000
Precision 1: 271,274,000.000
Page 20 of 24
January 3, 2006
P:\2003\0312\Survey\P arcels\Q312LC .doc
'll~tKI(AN ENGINEERING CORPORATION
4032 148th Avenue NE
Redmond, WA 98052
Lot Closure Calculations for Plat of Ridgeview Court
AEC Job No. 0312
Parcel name: TRACT A (STORM WATER DETENTION)
North: 180372.2150 East: 1312421.5580
Line Course: N 88-09-35 W Length: 65.006
North: 180374.3026 East: 1312356.5855
Line Course: N 00-47-45 E Length: 131.809
North: 180506.0989 East: 1312358.4162
Line Course: S 89-12-12 E Length: 64.997
North: 180505.1952 East: 1312423.4070
Line Course: S 00-47-48 W Length: 132.993
North: 180372.2150 East: 1312421.5578
Perimeter: 394.805 Area: 8,606 sq. ft. 0.20 acres
Mapcheck Closure -(Uses listed courses, radii, and deltas)
Error Closure: 0,0001 Course: S 83-35-16 W
Error North: -0.00002 East: -0,00013
Precision 1: 3,948,050.000
Page 21 of 24
January 3, 2006
P :\2003\0312\Survey\P arcels\0312LC.doc
AMERICAN ENGINEERING CORPORAllOIll
4032148th Avenue NE
Redmond, WA 98052
Lot Closure Calculations for Plat of Ridgeview Court
AEC Job No. 0312
Parcel name: ROAD DEDICATIONS
North: 180511.7816
Curve Length: 18.508
Delta 35-20-53
Chord: 18.216
Course In: S 01-53-42 W
RP North: 180481.7980
End North: 180505.6801
East: 1312627.7595
Radius: 30.000
Tangent: 9.559
Course: S 70-25-51 E
Course Out: N 37-14-36 E
East: 1312626.7674
East: 1312644.9235
Line Course: S 06-20-55 E Length: 4.660
North: 180501.0487 East: 1312645.4388
Line Course: S 43-40-53 E Length: 7.111
North: 180495.9061 East: 1312650.3500
Line Course: S 81-59-38 E Length: 3.153
North: 180495.4670 East: 1312653.4722
Curve Length: 14.581
Delta: 27-50-51
Chord: 14.438
Course In: S 62-53-40 W
RP North: 180481.7980
End North 180481.4095
Radius: 30.000
Tangent: 7.437
Course: S 13-10-55 E
Course Out: S 89-15-29 E
East: 1312626.7672
East: 1312656.7647
Line Course: S 00-44-31 W Length: 116.713
North: 180364.7063 East: 1312655.2533
Line Course: S 88-09-35 E Length: 17.503
North: 180364.1443 East: 1312672.7473
Line Course: N 00-44-31 E Length: 330.027
North: 180694.1436 East: 1312677.0208
Line Course: N 88-06-17 W Length: 17.504
North: 180694.7225 East: 1312659.5264
Line Course: S 00-44-31 W Length: 111.309
North: 180583.4228 East: 1312658.0851
Curve Length: 15.004 Radius: 30.000
Delta: 28-39-23 Tangent: 7.663
Chord: 14.849 Course: S 15-04-13 W
Course In: N 89-15-29 W Course Out: S 60-36-06 E
RP North: 180583.8113 East: 1312628.0876
End North: 180569.0849 East: 1312654.2244
Line Course: S 84-08-43 W Length: 3.007
North: 180568.7782 East: 1312651.2331
Line Course: S 46-19-07 W Length: 7.112
North 180563.8663 East: 1312646.0898
Line Course: S 08-29-30 W Length: 4.598
Page 22 of 24
January 3. 2006
P:\2003\0312\Survey\Parcels\0312LC.doc
AMERICAN ENGINEERING CORPORATION
4032 148th Avenue NE
Redmond, WA 98052
Lot Closure Calculations for Plat of Ridgeview Court
AEC Job No. 0312
North: 180559.3187 East: 131 2645.4108
Curve Length: 19.461 Radius: 30.000
Delta: 37-10-01 Tangent: 10.086
Chord: 19.121 Course: S 73-18-43 W
Course In: N 35-16-18 W Course Out: S 01-53-43 W
RP North: 180583.8114 East: 1312628.0872
End North: 180553.8278 East: 1312627.0950
Line Course: N 88-06-17 W Length: 56.446
North: 180555.6947 East: 1312570.6799
Curve Length: 33.045
Delta: 47-19-47
Chord: 32.111
Course In: N 01-53-43 E
RP North: 180595.6728
End North: 180569.5492
Curve Length: 239.686
Delta: 274-39-34
Chord: 67.778
Course In: S 49-13-30 W
RP North: 180536.8947
End North: 180501.8084
Curve Length: 33.042
Delta: 47-19-47
Chord: 32.111
Course In: S 45-26-04 E
RP North 180473.7394
End North: 180513.7175
Radius: 40.000
Tangent: 17.530
Course: N 64-26-24 W
Course Out: S 49-13-30 W
East: 1312572.0028
East: 1312541.7116
Radius: 50.000
Tangent: 46.091
Course: S 01-53-43 W
Course Out: S 45-26-04 E
East: 1312503.8476
East· 1312539.4700
Radius: 40.000
Tangent: 17.530
Course: N 68-13-49 E
Course Out: N 01-53-43 E
East: 1312567.9679
East: 1312569.2908
Line Course: S 88-06-17 E Length: 58.500
North: 180511.7828 East: 1312627.7588
Perimeter: 1110.968 Area: 18,604 sq. It. 0.43 acres
Mapcheck Closure -(Uses listed courses, radH, and deltas)
Error Closure: 0.0014 Course: N 28-11-32 W
Error North: 0.00122 East: -0.00065
Precision 1: 793,547.857
Page 23 of 24
January 3, 2006
P:\2003\0312\S urvey\Parcels\0312LC.doc
AMERICAN ENGINEERING CORPORATION
4032 148th Avenue NE
Redmond, WA 98052
Lot Closure Calculations for Plat of Ridgeview Court
AEC Job No. 0312
Parcel name: TOTAL PARCEL
North: 180694.1429 East: 1312677.0212
Line Course: S 00-44-31 W Length: 330.027
North: 180364.1435 East: 1312672.7477
Line Course: N 88-09-35 W Length: 316.325
North: 180374.3018 East: 1312356.5858
Line Course: N 00-47-45 E Length: 330.323
North: 180704.5930 East: 1312361.1738
Line Course: S 88-06-17 E Length: 316.020
North: 180694.1413 East: 1312677.0209
Perimeter: 1292.696 Area: 104,373 sq. ft. 2.40 acres
Mapcheck Closure -(Uses listed courses, radii, and deltas)
Error Closure: 0.0016 Course: S 08-40-51 W
Error North: -0.00160 East: -0.00024
Precision 1: 807,934.375
Page 24 of 24
January 3, 2006
P:\2003\0312\Survey\P a rcels\0312LC.doc
AMfRICAN ENGINEERING CORPORATION
4032148th Avenue NE
Redmond, WA 98052
DECLARATIONS OF COVENANTS,
CONDITIONS AND RESTRICTION
OF
RIDGEVIEW COURT
RENTON, WASHINGTON
TABLE OF CONTENTS
DESCRIPTIO!\' OF THE LAND
ARTICLE 1 INTERPRETATION
1 .1 Liberal Constmction
1.2
1.3
14
1.5
1.6
1.7
Covenant Running with Land
DeclarJ11t is OnglnalOwner.
Captions
Definitions
Percentage of Mortgagees
Percentage of Owners
ARTICLE 2 OWNERSHIP OF COMMON AREA
2.1 Ownership of Common Area
ARTICLE 3 OWNER'S PROPERTY RIGHTS
3.1
3.2
Owner's Rights of Enjoyment
Delegation of Use
ARTICLE 4 OWNERS ASSOCIATION
Establishment
Page
2
2
2
3
3
4
4
5
5 4.1
4.2
4.3
4.3.2
44
44.1
44.2
4.5
Form of Association 5
- - - - - - - - - - - - - - - - - - -----------------------------
Membership ............................................................ 5
Transfer of Membership ......................................... 5
Voting .. ................................... 6
Classes of Voting Membership
Number of Votes
Bylaws of Association
ARTICLE 5 MANAGEMENT OF THE ASSOCIATION
5.1 Administration of the Development ........................ .
5.2 Management by Declarant ...................... .
5.3 Management by Elected Board of Directors
54 Authority and Duties of the Board
54.1 Assessments
5.4.2
5.4.3
544
5.4.5
54.6
5.4.7
5.4.8
54.9
54.10
Services
Utilities
Insurance -----------------------------------------
Maintenance and Repair of Common Areas
Maintenance of Rights of Way, etc
Fences, Landscaping, etc
Enforce Declaration
- - ----" . - - - - - - - - - - - - - - - - - --- - -------
Contracting & Payment for Materials, Services, etc.
Attomey-in-Fact
6
6
6
6
6
7
7
7
7
7
7
7
8
8
8
8
8
5.4.11
5.4.12
5.4.13
Borrowing of Funds ....... ., ...... .
Adoption of Rules and Regulation. Fines
Addiltonal Powers of Association
8
8
')
ARTICLE 6 ARCHITECTUAL CONTROL
6.1
6.2
6.3
6.4
Construction and Exterior Alteration or Repair
Sales Facilities of Declarant
Variances
Appeals
'J
11
I 1
I 1
ARTICLE 7 USE AND MAINTENANCE OBLIGATION OF
OWNERS
7.1 Mamtenance of Lots 12
12
12
12
13
13
13
13
13
13
7.2
7.3
7.4
7.5
7.6
77
7.8
7.9
7.10
7.11
7.12
7.13
7.14
7.15
7.16
7.17
7.18
7.19
7.20
7.21
7.22
7.23
7.24
7.25
7.26
7.27
7.28
7.29
7.30
7.31
7.32
7.33
7.34
Residential Use
- - - - - - -_. - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------
Restriction on Further Subdivision
Rental Lots
- - - - - - - - - - - - - - - - - - - - - -_. -.-
Zoning Regulations
Business Use
Building Sethack Requirements
Oil and Mining Operations
Catch Basin
Lot Size
Garages ............................. . 13
Square Footage......... .... .................................. 14
Mobile or Manufactured Housing
Driveway Standards
Parking
Roof
Exterior Finish
Utilities
Antenna
14
14
14
14
14
15
IS
Fencing .... ................................... 15
Fireplace Chimneys ........................................... . 15
Garbage and Refuse ............................................... 15
Games and Play Structures ............................... 15
Construction of Significant Recreation Facilities 16
Livestock and Poultry .......... .......... 16
Landscaping ............... .
Signs
Temporary Structures ...
Completion of Construction
Easements ------------
Use During Construction
Excavations
Nuisances
Cloths Lines. Other Structures
II
16
16
16
16
16
17
17
17
17
7.35
7.36
7.37
7.38
Common Drives
Building Height
Stonn Runoff
Stornl Detention Operations and Maintenance
ARTICLE 8 COMMON EXPENSES AND ASSESSMENTS
Creation oCthe Lien & Personal Obligation of Assessments
Unifonn Rate
Initial Assessment Amount
Limitation on Annual Assessment Amount
Board Authority _________________________ _
Annual Increase in Dollar Limit
Owner Approval Required ___________________ _
Manner and Time of Payment
Accounts
Lien
Waiver of Homestead
Continuing Liability for Assessments
Records, Financial Statements
Certi ficate of Assessment
- - - - - - - - - --- - - - ------------------
17
17
]7
17
18
18
18
18
18
19
19
19
19
19
20
20
20
20
8.1
8.2
8.3
84
84.1
84.2
84.3
8.5
8.6
8.7
8.8
8.9
8.10
8.11
8.12
8.13
8.14
8.15
8.16
8.17
Foreclosure of Assessment Lien, Attorneys' Fees & Costs 20
Curing ofDefault__________.___________ 21
Omission of Assessment 21
" - - - - - - - - --------------- - - - - - - - - - - ---
Assessment Deposit______________________ 21
Exempt Property___________________ 21
Effect of Legal Proceedings 22
ARTICLE 9 COMPLIANCE WITH DECLARATION
9 _1 Enforcement
9_1.1
9_1.2
9.1.3
9.2
9.3
94
Compliance of Owner ______ . _____________________ _
Compliance of Lessee ____________________ _
Attorney's Fees _________________________________________ _
No Waiver of Strict Perfonnance
Right of Entry ______ __ _ _________ _
Remedies Cumulative
ARTICLE 10 LIMITATION OF LIABILITY
22
22
22
22
23
23
23
10.1 No Personal Liability _______ _________________ 23
10.2 Indemnification of Board Members 23
ARTICLE 11 MORTGAGEE PROTECTION
11_1 Priority of Mortgagee
11_2 Effect of Declaration Amendments
1l.3 Right of Lien Holder
III
24
24
24
11.4 Change in Manner of Architectural Review & Maintenance
Within Project
11.5
11.6
Copics of Notices
Furnishing of Documents
ARTICLES 12 EASEMENTS
12.1 Association Functions
12.2 Easements Over Common Areas
12.3 Access to Public Streets
12.4 Utility Easements
ARTICLE 13 TERM OF DECLARATION
13.1 Duration of Covenants -----------------------------
13.2 Abandonment of Subdivision Status
ARTICLE 14 AMENDMENT OF DECLARATION, PLAT MAP
14.1 Declaration Amendment
14.2 Plat Map
14.l
14.4
14.5
Amendments to Conform to Construction
Amendments to Conform to Lending Institution Gllidelines
Article 16 Amendments
ARTICLE 15 INSURANCE
15.1 Insurance
24
25
25
25
25
25
25
26
26
26
27
27
27
27
28
ARTICLE 16 ANNEXATION & WITHDRAWAL OF ADDITIONAL PROPERTIES
16.1 Annexation and Withdrawal by Declarant 28
16.2
16.3
Non-Declarant Annexations
- - - - - - - - - ---------------------
Common Areas Within Additional Lands
28
29
ARTICLE 17 MISCELLANEOUS
17.1 Notices 29
17.2
17.3
17.4
17.5
17.5.1
17.5.2
17.6
17.7
17.8
Conveyances. Notice Required .. _ ................. 29
Successor and Assigns ... _ ... _ ......... _._. 30
Joint and Several Liability............ . .............. __ .... 30
Mortgagee's Acceptance .. _. __ ..... _ ... _ ........ _._._.
Priority of Mortgage .......... _ ............ _. __ .
Acceptance Upon First Conveyance
Severability
Effective Date
Government Right of Access
lV
30
30
30
30
30
30
DECLARATION OF COVENA!\TS, CONDITIONS AND RESTRICTIONS
OF
RIDGEVIEW COURT
RENTON, WASHINGTON
THIS DECLARATION is made this __ -,--_ DA Y OF ______ 200
___ , by the undersigned RIDGEVIEW COURT, LLC
DESCRIPTION OF THE LAND
A. RIDGEVIEW COURT, LLC owns certain rcal property located within
the State of Washington, which property and improvements are commonly known
as the plat of RIDGEVIEW COURT, located in the City of Renton, King County,
Washington and legally described in the attached Exhibit A (the "Proj eet"). All
Common Areas of the Project are shown on the Plat Maps recorded in conjunction
with this Declaration.
B. For the benefit and protection of the Project, to enhance its value and
attractiveness, and as an inducement to lenders and investors to makc and purchase
loans secured by Lots within the Project, RIDGEVIE W COURT, LLC agrees to
provide herein for a method of use and architectural control within the Project.
NOW, THEREFORE, RIDGEVIEW COURT, LLC hereby declares that the
Lots described herein shall be held, conveyed, encumbered, leased, rented, used,
occupied and improved subject to the following uniform covenants, conditions,
restriction, grants of easement, rights, rights-of-way, liens, charges and equitable
servitudes.
Any conveyance, transfer, sale, assignment, lease or sublease of a Lot in the
Project, shall and hereby is deemed to incorporate by reference all provisions of the
Declaration. The provisions of the Declaration shall be enforceable by Declarant,
any Lot Owner, the Association, and any first mortgagee of any Lot.
ARTICLE 1
INTERPRETATION
1.1 Liberal Construction. The provisions of the Declaration shall be
liberally construcd to effectuate its purpose of creating a uniform plan for the
operation and maintenance of the Project.
1.2 Covenant Running with Land. It is intended that this Declaration shall
be operative as a set of covenants running with the land, or equitable servitudes,
binding on Ridgeview Court, LLC, their respective successors, heirs, executors,
administrators, devisces or assigns.
1.3 Declarant is Original Owner. Ridgeview Court, LLC is the original
Owner of all Lots and Project and will continue to be c!eemedthe Owner thereof
except as conveyances or documents changing such Ownership regarding
specifically described Lots or portions of the Project are filed ofrecord.
1.4 Captions, Captions given to the various articles and sections herein arc
for convenience only and are not intended to modify or affect the meaning of any of
the substantive provisions hereof.
1.5 Definitions ..
1.5.1 "ACC" shall mean the Architectural Control Committee provided
for in Article 6.
1.5.2 "Association" shall mean the Owner's Association provided for in
Article 4 and its successors and assigns.
1.5.3 "Board" shall mean the Board ofDireetors of the Association
provided for in Article 5.
1.5.4 "Bvlaws" shall mean the duly adopted bylaws of the Association.
1.5.5 "Common Area" shall mean all real property (including the
improvements thereto) owned by the Association for the common use and
enjoyment of the Owners and shall include (unless/until dedicated to a government
entity) all Common Areas described on the Plat Map; Project entry sign(s) and
landscaping, planter islands and planted medians on roads or cul-de-sacs, and
mailbox stands serving more then one Lot.
1.5.6 "Declarant" shall mean RIDGEVIEW COURT, LLC (being the
Owner of the real property described in Exhibit A thereof) and its successors and
assigns if such successors or assigns should acquire more then one undeveloped Lot
from the Declarant for the purpose of development and by written instrument in
recordable iorm be specifically assigned the rights and duties ofDeclaranl.
1.5.7 "Declaration" shall mean this declaration and any amendments
thereto.
1.5.8 "Homc" shall mean and refer to any structure or portion of a
structure, located on a Lot, which structure is designed and intended for use and
occupancy as a residence by a single family or which is intended for use in
connection with such rcsidence.
1.5.9 "Lot" shall mean and refer to any plot of land shown upon any
recorded Plat Map of the Project excluding Common Areas. Lot shall not include
any land now or hereafter owned by the Association or by all of the lot Owners as
2
tenants in common, nor included any land shown on a Plat Map but dedicated to the
public or to a government entity.
1.5.10 "Mortgage" shall mean a recorded mortgage or deed or trust that
creates a lien against a Lot and shall also mean a real estate contract for the sale of a
Lot.
1.5.11 "Mortgagee" shall mean the beneficial Owner, or the designee of
the beneficial Owner, of an encumbrance on a Lot created by mortgage or deed or
trust and shall also mean tlie vendor, or designee of a vendor, of a real estate
contract for the sale of a Lot.
1.5.12 "Owner" shall mean and refer to the record Owner, whether one
or more persons or entities, of a fee simple title to any Lot which is a part of the
Project, and, except as may be otherwise expressly provided herein, shall in the case
of a Lot which has been sold pursuant to a real estate contract, include any person
of record holding a vendee's interest under such real estate contract, to the
exclusion of the vendor thereunder. Any person or entity having such interest
merely as security for the performance of an obligation shall not be considered an
Owner.
1.5.13 "Person" shall include natural persons, partnerships, limited
liability companies, corporations, associations and personal representatives.
1.5.14 "Project" shall mean the real estate described in Exhibit A and all
improvements and structures thereon, including snch additions thereto as may
hereafter be brough t within the jurisdiction of the Association.
1.5.15 "Plat Map" shall mean any Plat Map(s) approved by the
appropriate governmental entity and recorded in conjunction with or subsequent to
this Declaration, which Plat Maps depict the layout of the Lots on the Project.
1.5.16 "Plat" shall mean and refer to the plat of RIDGEVIEW COURT
as recorded in Volume __ of Plats, Pages _ through _, Records; of King
County, State of Washington, under Recording No.
1.6 Percentage of Mortgagees. For purposes of determining the percentage
of first mortgagees approving a proposed decision or course of action, a mortgagee
shall be deemed a separate mortgagee for each Lot on which it holds a mortgage
that constitutes a first lien on said Lot.
1.7 Percentage of Owners. for purposes of determining the percentage of
Owners approving a proposed decision or course of action, an Owner shall be
deemed a separate Owner for each Lot owned.
1
,)
ARTICLE 2
OWNERSHIP OF COMMOI\I AREA
2.1 Ownership of Common Area. All Common A reas shall be owned hy the
Association. The Common Area shall exclude those portions of common areas (and
improvements thereto) which have heen or may hereafter be, dedicated to and
owned by the public or a governmental entity. The Common Area shall for all
purposes he under the control, management and administration of the Declarant
until all Class B membership (as defined in Article 4) terminates, and under the
control, management and administration of the Association thereafter. The
Association (and the Owners who are members thereo!) have the responsibility and
obligation to maintain, repair and administer the Common Area in a clean,
attractive, sanitary and safe condition and in full compliance with applicable,
governmental laws, rules and regulations and the provisions of this Declaration.
ARTICLE 3
OWNER'S PROPERTY RIGHTS
3.1 Owner's Rights of Enjovment. Every Owner shall have a non-exclusive
right, in common with all Owners, of enjoyment in and to the Common Area that
shall be appurtenant to and shall pass with the title to ever Lot, subject to the
following provisions:
3.1.1 The right of the Association to limit access to those portions of the
Common Areas, which in the opinion of the Board are dangerous.
3.1.2 The right of the Association to charge reasonable admission and
other fees for the Lise of any recreational facility situated upon any Common Area.
3.1.3 The right of the Association to suspend the voting rights and right
to use of the Common Areas by an Owner for any period during which any
assessment against such Owner's Lot remains unpaid; and for a period not to
exceed sixty (60) days for any infraction of its published rules and regulations. Until
all Class B membership terminates, the Association shall be required to exercise its
right to suspend the voting rights of, and the right to the use of the recreational
facilities by, a member for non-payment of an assessment, upon the req uest of the
Declarant.
3.1.4 The rights of the Association to dedicate or transfer all or any part
of the Common Area, including easements across said properties, to any public
agency, authority, or utility for such purposes and sUhject to such conditions as may
be agreed to by the members of the Association.
3.1.5 The right of the Association to limit the number of guests of
members.
3.1.6 The right of the Association, in accordance with this Declaration
and its Articles of Incorporation and Bylaws, to borrow money for the purpose of
4
improving the Common Area and facilitIes and in aid thereof to mortgage said
property, but the rights of such mortgagee in said property shall be subordinate to
the rights of the Owners hereunder and subject to the provIsions of Section 11.5.
3.1.7 The right of the Association to take such steps as are reasonably
necessary to protect any property mortgaged in accordance with Section 3.1.6
against foreclosure, including, but not limited to, the right to charge admission and
other fees as a condition to continued enjoyment by the Owners and, if necessary. to
open the enjoyment of such properties to the public.
3.1.8 Until all Class B membership terminates, the exercise of all the
rights and powers set forth in subsections 3.1.2, 3.1.3, 3.1.4, 3.1.5 and 3.1.0 shall
require the prior written approval of Declarant.
3.2 Delegation of Use. Any Owner may delegate (in accordance with the
Bylaws), his/her right of enjoyment of the Common Area and facilities to the
members of his/her family, or his/her tenants or contract purchasers wlio reside on
the Owner's Lot and (subject to regulation by the Association) to his/her temporary
guests.
ARTICLE 4
OWNERS' ASSOCIATION
4.1 Establishment. There is hereby created an association to be called
RIDGEVIEW COURT HOMEOWNERS' ASSOCIATION (referred to hereinafter
as the "Association").
4.2 Form of Association. The Association shall be a nonprofit corporation
formed and operated pursuant to the Title 24 and Chapter 64.38. Revised Code of
Washington. In the event of any conflict between this Declaration and the Articles
ofIncorporation or Bylaws for such nonprofit corporation, the provisions of the
Declaration shall prevail.
4.3 Membership.
4.3.1 Oualification. Each Owner of a Lot in the Project (including
Declarant) shall be a member of the Association and shall be entitled to one
membership for each Lot so owned. Ownership of a Lot shall be the sole
qualification for membership in the Association.
4.3.2 Transfer of Membership. The Association membership of each
Owner (including Declarant) shall be appurtenant to the Lot giving rise to
sucli membership. and shall not be assigned, conveyed, pledged or alienated
in any way except upon the transfer of title to said Lot and then only to the
transferee of title to such Lot. Any attempt to make a prohibited transfer of
membership shall be void. Any transfer of title to a Lot sball operate
automatically to transfer the membership in the Association appurtenant
hereto to the new Owner thereof.
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4.4 Voting.
4.4.1 Classes of Voting Membership. The Association shall have two
classes of voting membership: (a) Class A members shall be all Owners except the
Declarant. Class A members shall be entitled to one vote i()[ each Lot owned; (b)
The Class B members shall be the Declarant, which shall be entitled to (10) votes for
each Lot owned. The Class B membership shall cease and be converted to Class A
membership on the happening of the first of the following events: (a) when the total
votes outstanding in the Class A membership equal the 10ta1 votes outstanding in the
Class B membership, or (b) the date when Declarant's management powers
terminate, as provided in Section 5.2. In determining whether any given proposition
shall have been approved by the membership, the total number of Class A and Class
B votes shall be combined and the appropriate percentage applied against the
combined number. If Declarant elects to annex Additional Lands pursuant to
Section 16.1, the total number of votes shall be increased by the applicable number
for the Lots in such annexed Additional Lands.
4.4.2 Number of Votes. Except as provided in Section 4.4.1 above, the
total voting power of all Owners shall equal the number of Lots at any given time
and the total number of votes available to Owners of anyone Lot shall be (1) vote.
4.5 Bvlaws of Association. Bylaws for the administration of the Association
and the Project and to further the intent of the Declaration, may be adopted or
amended by the Owners at a regular or special meeting, provided, that the initial
Bylaws shall be adopted by Declarant. In the event of any conflict between this
Declaration and any Bylaws, the provisions of this Declaration shall prevail.
ARTICLE 5
MANAGEMENT OF THE ASSOCIA nON
5.1 Administration ofthe Development. The Owners covenant and agree
that the administration of the Project shall be in accordance with the provisions of
this Declaration and the Bylaws of the Association.
5.2 Management bv Declarant. The Project shall be managed on behalf of
the Association by the Declarant until the earlier of (a) one hundred twenty (120)
days after all Class B membership terminates, or (b) the date on which Declarant
elects to permanently relinquish all of its authority under this Section 5.2 by written
notice to all Owners. So long as Declarant is managing the Project, Declarant or a
managing agent selected by Declarant shall have the exclusive power and authority
to exercise all the rights, duties and functions of the Board and the Association set
forth or necessarily implied in this Declaration, provided however, that the
Association may not bc bound directly or indirectly to any contracts or leases
without the right of termination exercisable without cause and without penalty at
any time after transfer of control to the Board elected pursuant to Section 5.3. upon
not more than ninety (90) days' notice to the other party to the contract.
5.3 Management bv Elected Board of Directors. At the expiration of
Declarant's management authority under Section 5.2, power and authority shall
vest in the Board of Directors elected from among the Lot Owners. The number of
directors shall be specified in the Bylaws and shall be sufficient to adequately handle
the affairs of the Association. The Board may delegate all or any portion of its
management duties to a managing agent or officer of the Association as provided for
in the Bylaws. All Board offices shall he open for election at an organizational
meeting. The Board shall elect from among its members a president who shall
preside over meetings of the Board and the meetings of the Association.
5.4 Authoritv and Duties of the Board. On behalf of and acting for the
Association, the Board (or the Declarant or Declarant's managing agent as provided
in Section 5.2 hereof), for the benefit of the Project and the Owners, shall have all
powers and authority permitted to the Board under this Declaration and any
applicable law, including by not limited to the following:
5.4.1 Assessments. Establish and collect regular assessments (and to
the extent necessary and permitted hereunder. special assessments) to defray
expenses attributable to carrying out its duties hereunder and maintain an adequate
reserve fund for the maintenance, repair, improvement and replacement of those
portions of the Common Area or facilities which must be maintained, repaired or
replaced on a periodic basis, which reserve shall be funded by the abovc
assessments. The Association may impose and collect charges for late paymeuts 01'
assessments.
5.4.2 Services. Obtain the services of persons or firms as required to
properly manage the affairs of the Project to the extent deemed advisable by the
Board including legal and accounting services, property management services as
well as such other personnel as the Board shall determine are necessary or proper
for the operation of the Common Area, whether such personnel are employed
di rectly by the Board or are furnished by the manager or management firm or
agent.
5.4.3 Utilities. Obtain water, sewer, garbage collection, electrical,
telephone, gas and any other necessary utility easements and street lighting, as
required for the Common Area.
5.4.4 Insurance, Obtain and pay for policies of insurance or bonds
providing Common Area casualty and liahility coverage, and for fidelity of
Association officers and other employees, the requirements of which are more fully
set forth in Article 15.
5.4.5 Maintenance and Repair of Common Areas. Pay for the cost
of painting, maintenance, repair of all landscaping and gardening work for all
Common Area, and improvements located thereon, so as to keep the Project in a
good, clean, attractive, sanitary and safe condition and in full compliance with
7
applicable governmental laws, rules and regulation and the provisions of this
Declaration. The foregoing shall include the cost ofmamtaining, repairing and
replacing mailbox stands that serve more then one (1) Lot, and such replacing and
repairing of furnishings and equipment, if any, for the Common Area as the Board
shall determine are necessary and proper.
5.4.6 Maintenance of Rights ofWav, etc. Pay for the costs of
maintaining and landscaping of rights ofway, traffic islands and medians, or other
similar areas which are not part of the Lots or Common Area but which are within
or adjacent to the Project boundaries. and which are owned by or dedicated to a
governmental entity, if said governmental entity fails to do so; provided, the Lot
Owner at the Owner's expense (rather than the Association) shall maintain and
landscape such areas as are adjacent to such Owner's Lot.
5.4.7 Fences, Landscaping, etc. To the extent deemed advisable by
the Board, pay for the cost of constructing, maintaining. repairing and replacing
perimcter and interior fences, if any, and landscaping and improvements on
easements, if any, which arc located on or across Lots, provided, the Board at its
option may require a Lot Owner at the Owner's expense to maintain, repair and
replace such fences, landscaping and improvements as are adjacent to such Owner's
Lot.
5.4.8 Enforce Declaration. Enforce the applicable provisions of the
Declaration for the management and control of the Project.
5.4. 9 Contracting and Payment for Materials, Services, etc.
Contract and pay for any materials, supplies, labor or services which the Board
should determine are necessary or proper for the enforcement ofthis Declaration,
including legal, accounting, managcment or other services, provided that if for any
reason any materials, supplies, labor or services are provided for particular Lots or
their Owners, the cost thereof shall be specially charged to the Owners of such Lots
5.4.10 Attornev-in-Fact. Each Owner, by the mere act of becoming
an Owner, shall irrevocably appoint the Association as his/her attorney-in-fact, with
full power of substitution, to take such action as reasonably necessary to promptly
perform the duties of the Association and Board hereundcr, including but not
limited to the duties to maintain, repair and improve the Project, to deal with the
Project upon damage or destruction, to grant easements and licenses over Common
Areas, and to secure insurance proceeds.
5.4.11 Borrowing of Funds. In the discharge of its duties and the
exercise of its powers as set forth herein, but subject to the limitations set forth
herein, thc Board may borrow funds on behalf of the Association.
5.4.12 Adoption of Rules and Regulation: Fines. When and to the
extcnt deemed advisable by the board, to adopt reasonable rules and regulations
governing the maintenance and use of the Project and other matters of mutual
8
concern to the Lot Owners, w'hich rules and regulations are not inconsistent with
this Declaration and the Bylaws and which treat all Owners fairly and on a non-
discriminatory basis. The Board may impose and collect charges lor late payments
of assessments and, after notice and an opportunity to be heard by the Board or by
a representative designated by the Board in accordance with procedures as
provided in the Bylaws or rules and regulations adopted by the Board, levy
reasonable fines in accordance with a previously established schedule adopted by
the Board and furnished to the Owners for violation of the Bylaws, rules and
regulation orthc Association.
5.4.13 Additional Powers of Association, In addition to the duties and
powers of the Association as specified in this Declaration, but subject to the
provisions of this Declaration, the Association, acting through its Board, shall have
the power to do all other things that it may deem reasonably necessary to carry out
its duties and the purposes of the Declaration.
ARTICLE 6
ARCHITECTURAL CONTROL
G.l Construction and Exterior Alteration or Repair.
6.1.1 All buildings and structures (including, without limitation,
concrete or masonry walls, rockeries, fences, sheds, swimming pools, if any, or other
structures) to be constructed within the Project, and all exterior alterations and
repairs (including, but not limited to, re-roofing or repainting) of any buildings or
structures on the Project and visible from any public street, Common Area or other
Lot must be approved in writing by the Board, or by an Architectural Control
Committee ("ACC") composed of three (3) or more representatives appointed by the
Board, at least two (2) of whom shall be Board members; provided, that so long as
Declarant owns any Lots within the Project, Declarant at its option may exercise all
of the rights and powers of the Board under Section 6.1 including without limitation
the appointment of members of the ACe. References in the Article 6 to the ACC
shall be deemed to include the ACe, the Board, or the Declarant, as circumstances
may dictate. Complete plans and specifications, including colors, of all such
proposed buildings, structures, and exterior alterations and repairs, together with
detailed plans showing the proposed location of the same on the particular building
site and other data requested by the ACC, shall be submitted to the ACC along with
a written request for approval signed by the Owner. Any exterior modifications in
accordance with plans and specifications developed by the Declarant and filed with
the Board at the time of transfer (pursuant to Article 5.3) shall be deemed approved
exterior modifications.
6.1.2 The ACC will review all requests for approval of construction,
alteration or repair for quality of workmanship and materials planned and lor
conformity and harmony of the external design with proposed or existing structures
9
on neighborhood residential Lots or building sites, and for location of the building
with respect to topography, finish grade elevation and building setback restrictions.
6.1.3 [n the event the ACC fails to approve or disapprove such
request within thirty (30) days after all required plans and specifications have been
submitted to iC such approval shall be deemed given by the ACe.
6.1.4 All plans and specifications for approval by the ACC must be
submitted in duplicate, at least thirty (30) days prior to the proposed construction or
exterior alteration or repair starting date. Construction, alteration or rcpair shall
not be started until written approval thereof is given by the ACC.
6.1.5 The ACC may require that said plans or specifications be
prepared by an architect or a competent house designer, approved by the ACe.
One complete set of said plans and specifications shall in each case be delivered to
and permanently retained by the ACe. All buildings or structures (including but
not limited to garden sheds) shall be erected or constructed, and all exterior
alterations or repairs made, by a contractor, house builder or other person or entity
approved by the ACe. The ACC shall have the right to refuse to approve any
design, plan or color for such improvements, construction, or exterior alteration or
repair visible from a public street, Common Area or other Lot which is not suitable
or desirable, in the ACC's reasonable opinion, aesthetic or otherwise.
6.1,6 In so passing such design, the ACC shall have the right to take
into consideration the suitability of the proposed building or other structure, and
the material of which it is to be built, and the exterior color scheme, to the site upon
which it is proposed to be erected, the harmony thereof with the surroundings, and
the effect or impairment that said structure will have on the view or outlook of
surrounding building sites, and any and all factors, which, in the ACC's opinion,
could affect the desirability or suitability of such proposed structure, improvements,
or exterior alteration or repair.
6. I, 7 The ACC shall have the right to disapprove the design or
installation of a swimming pool or any other recreational structure or equipment, in
the ACC's reasonable opinion, aesthetic or otherwise. In so passing upon such
design or proposed installation, the ACC shall have the right to take into
consideration the visual impact orthe structure and the noise impact of the related
activities upon all the properties located in close proximity. The enclosure or cover
used in connection with such a recreational structure or equipment, whether
temporary, collapsible, seasonal, or whatever, shall be treated as a permanent
structure for the purposes of these covenants, and shall be subject to all the
conditions, restrictions, and requirements as set forth therein for all buildings and
structures.
6.1.8 The ACC shall have the right to require, at a Lot Owner's
expense, the trimming or topping (or, if deemed necessary by the ACC, removal) of
any tree, hedge or shrub on a Lot which the ACC determines is unreasonably
blocking or interfering with the view or access to sunlight of another Lot.
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6.1.'1 The ACe shall have the right to specify precisclythe size. color
and style of mailboxes. and of the post or snpport on which such mailboxes arc
affixed, and their location within the Project. whether or not such mailbox stand is a
Common Area, all with the approval of the Postmaster (ifrequired).
6.1.1 0 Approval by the ACC is independent oC in addition to. and not
to be construed as a representation as to compliance with, any requirements for a
permit. license or other approval by the City of Renton or other applicable
governmental or quasi-governmental entity. The Lot Owner is responsible for
obtaining any such governmental approvals.
G.1.1 I Declarant (including any successor in interest to Declarant's
status as Declarant) shall not bc subject to the restriction of this Section 6.1 as to
any Lot owned by Declarant, whether or not any Class B membership cxists and
whcther or not management of the Association has been relinquished by Declarant
pursuant to Section 5.2 hereof.
6.2 Sales Facilities of Declarant, Notwithstanding any provision in this
Declaration to the contrary. Declarant (and its agents. employees and contractors)
shall be permitted to maintain during the period of sale of Lots and/or Homes upon
such portion of the Project (other than Lots sold by Declarant) as Declarant may
choose, such facilities as in the sole opinion of the Declarant may be reasonably
required, convenient or incidental to the construction, sale or rental of Lots and
Homes, including but not limited to, a business office, storage area, signs, model
units, sales office, construction officc, and parking areas for all prospective tenants
or purchasers of Declarant.
6.3 Variances, So long as Declarant owns any Lot, the Board may in its
reasonable discretion, upon written request of the Declarant, grant a variance from
the requirements of Article 7, thereafter, the Board may. upon written request of an
Owner, grant a variance from the requirements of Article 7 only in cases where,
because of the physical characteristics of the Lot, strict enforcement would result in
an unnecessary hardship. The Board may only grant a variance from the provisions
of sections 7.11 through 7.17, 7.19 through 7.21, 7.23, 7.29. or7.36. The Board's
authority to grant such a variance shall not be delegated to the ACe. Prior to
granting such a variance, the Board shall hold an open hearing at which other
Owners may comment. At least fifteen (15) days prior to such hearing, the Board
shall give written notice of the nature of the requested variance to the Owner of
each Lot immediately adj acent to the Lot for which the variance is requested, to
other Owners that would reasonably be affected by the variance, and by requiring
the Owner requesting the variance to post a notice on such Owner's Lot in a form
reasonably satisfactory to the Board.
6.4 Appeals. Any aggrieved Owner may appeal a decision of the ACC to
the Board by written notice within sixty (60) days after the ACC's written decision.
The Board will review the ACC decision at the Board's next regularly scheduled
meeting (but in any event not later than thirty (30) days after receipt of the notice of
1 I
appeal). The Board shall give written notice to the appealll1g Owner of the time and
place of such meeting at least five (5) days in advance.
ARTICLE 7
USE AND MAINTENACE OBLIGATION OF OWNERS
7.1 Maintenance of Lots. Each Owner, at said Owner's sole cost and
expense, shall promptly and continuonsly maintain, repair and restore said Owner's
Lot (including the yard and landscaping) and Home and other improvements
located thereon, and also such other areas as may be required pursuant to Sections
5.4.6,5.4.7 and 12.4, in a good, clean, attractive, safe and sanitary condition and in
full compliance with all applicable governmental laws, rules and regulation and the
provisions of this Declaration and the rules and regulations of the Association.
7.2 Residential Use. Except as provided in Section 7.6, all Lots and
improvements located thereon shall be used, improved and devoted exclusively to
residential use. Nothing herein shall he deemed to prevent the Owner from leasing
a Lot and improvements subject to all of the provisions of the Declaration.
7.3 Restriction on Further Subdivision. No Lot or portion of a Lot shall
be divided and sold or resold, nor ownership changed or transferred whereby the
ownership of any portion of this Project shall be less than the area required for the
use district in which located, provided, the foregoing shall not prohibit deeds of
correction, deeds to resolve boundary disputes and similar corrective instruments.
Lots may be joined and joined Lots may subsequently be subdivided only into the
Lots originally joined.
7.4 Reo tal Lots.
7.4.1 With respect to the leasing, renting, or creating of any kind of
tcnancy of a Lot and improvements thereon by its Owners, such Owner shall be
prohibited from leasing or renting less than the entire Lot or improvements thereon,
or (with the exception of a lender in possession of a Lot and improvements thereon
following a default in a first mortgage, a foreclosure proceeding or any deed of trust
sale or other arrangement in lieu of a foreclosure) for a term ofless than six (6)
months, and all leasing or rental agreements shall be in writing, and shall be subject
to the Declaration and Bylaws (with a default of the tenant in complying with the
Declaration and Bylaws constituting a default under the lease or rental agreement).
7.4.2 If a Lot or Home is rcntcd by its Owner, the Board on bchalf of
the Association may collect, and the tenant or lessee shall pay over to the Board, so
much of the rent for such Lot or Home as is required to pay any amounts due the
Association hereunder, plus interest and costs, if the samc arc in default over thirty
(30) days. The renter or lessee shall not have the right to challenge payment ovcr to
12
the Board, and such payment will discharge the lessee's or renter's duty of payment
to the Owner for rent, to the extent such rent is paid to the Association, but wlll not
discharge the liability of the Owner or the Lot under this Declaration for
assessments and charges, or operate as an approval of the lease. The Board shall not
exercise this power where a receiver has been appointed with respect to the Lot or
its Owner, nor in derogation of any rights that a mortgagee of such Lot may have
with respect to such rents. Other than as stated in this Article 7 there are no
restrictions on the right of an Owner to lease or otherwise rent such Owner's Lot or
Home.
7.5 Zoning Regulations, Zoning regulations, building regulations,
environmental regulations and other similar governmental regulations applicable to
the Project shall be observed. In the event of any conflict between any provision of
such governmental regulations and the restrictions of this Declaration, the more
restrictive provision shall apply.
7.6 Business Use, No business of any kind shall be conducted on any Lot
with the exception of (a) the business of Declarant in developing and selling all of the
Lots, and (b) such home occupation as may be permitted by the appropriate local
government and which is nol otherwise in violation of the provisions ofthis
Declaration.
7.7 Building Setback Requirements, All buildings and other Lot
improvements shall comply with all applicable governmental requirements,
including without limitation minimum setback requirements. No building or other
structure shall be located within any building setback line shown on the Plat Map.
7.8 Oil and Mining Operations, No oil drilling, oil development
operations, oil refining, quarrying or mining operations of any kind shall be
permitted upon or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavations
or shafts be permitted upon or in any Lot. No derrick or other structure designed
for use in boring for oil or natural gas shall be erected, maintained or permitted
upon any Lot.
7.9 Catcb Basin. The Owner of each Lot shall ensure the cleaning of all
catch basins, if any, located on such Lot at least once prior to September 15 th of each
calendar year.
7.10 Lot Size. No residential structure shall be erected or placed on any
Lot which has a Lot area ofless than that required by the government entity having
appropriate jurisdiction over the Project.
7.11 Garages. Every Home must have a garage capable of holding at least
two full-size cars, but no more than three full-size vehicles (any car, boat,
recreational vehicle, etc. shall be deemed one car for purposes of this limitation).
All vehicles must be stored in garages or in a manner that the Board reasonably
determines is not offensive when viewed from the street or from the ground level of
adj acent Lots or Common Areas.
13
7.12 Square Footage. Each sIngle-family residence must include a
minimum of 1.4()O square feet for single story Homes and 1.60() square feet for two-
story Homes, excluding garage, porches and decks.
7.13 Mobile or Manufactured Housing. Custom designs by licensed
architects shall be strongly encouraged and any usc of repetitive deSIgn shall be
strongly discouraged and/or prohihited at the discretion of the ACe. The Ace may
refuse to approve a plan based on design or repetitive use ofa plan, or for failure to
meet the approved criteria as set forth. There shall be no mobile or manufactured
housing.
7.14 Drivewav Standards, All driveways shall be constructed of concrete
with a minimum of aggregate finish or other material approved by ACe.
7.15 Parking. Unless substantially screened from view from the street or
from the ground level of adjacent Lots and Common Area in a manner reasonably
approved by the ACC, no recreational vehicles, commercial vehicles, construction
or like equipment, motorcycles, or trailers (utility, boat, camping, horse, or
otherwise), shall be allowed to be parked or stored on any Lot or street for a
cumulative period in excess of fourteen (14) days in any (1) calendar year. No motor
vehicles of any kind shall he parked overnight on any street adjoining any Lot or
Common Area, provided that, such vehicles belonging to guests of a Lot Owner may
occasionally be so parked so long as such parking will not violate any other
provision of this Section 7.15. No motor vehicle of any kind that is inoperative by
reason of mechanical failure shall be parked or stored on any Lot or in any right-of-
way or street adjoining any Lot or Common Area for more than seventy-two (72)
hours. The Board shall have full authority to determine, in its sole discretion, if any
vehicle is obnoxious or undesirable to the other Lot Owners and to enforce this
covenant. Pursuant to Article 9 of this Declaration, the Association may levy fines
or have vehicles that are parked in violation of this Section towed and impounded at
the VWfler's e~eThe exterior of all roofs shall be composed of materials
approved by ACe. All roofs must have a pitch of at least 4112 (four on twelve),
unless approved by the ACC based on considerations regarding a specific Lot.
Under no circumstances are nat roofs allowed. Roofmaterial shall be at least
twenty-five (25) year composition asphalt shingle, color approved by ACC, and by a
manufacturer approved and accepted by ACe.
7.17 Exterior Finish. The exterior of each Home shall be designed, built
and maintained in such a manner as to blend in with the natural surroundings,
existing structures and landscaping of the Project. All extcrior materials and all
exterior colors must be approved by the ACC in accordance with the provisions of
this Declaration. Exterior trim, fences, doors, railing, decks, eaves, gutters and the
exterior finish of garages and other accessory buildings (including garden sheds)
shall be designed, built and maintained to be compatihle with the exterior of the
structures they adjoin. Homes and other structures may be finished in vinyl siding
if approved by the ACe.
14
7.18 Utilities. All utilities shall be installed underground. No storage tanks
or barrels of any kind shall be maintained above ground unless properly screened in
a manner acceptable to the ACe:. ."'11 Lots shall be served by public water and
sewer. No wells or septic systems shall be constructed or maintained on any Lot.
7.1 'J Antenna. No antenna, satellite dish or other similar type of exterior
equipment shall be allowed on any Lot unless approved in writing by the ACe:. As a
condi tion of app roval the ACC may req uire reasonable shielding of such antenna,
satellite dish or equipment from vicw from the street and the ground level of
adjacent Lots or Common Areas. In no event shall any satellite dish or similar
antenna greater then one (I) meter in diameter be permitted.
7.20 Fencing. Fences may only be placed along the rcar property line
(except any area within a Natural Greenbelt Protective Easement), along the front
building line, and from the front building line to the rear Lot line (except any area
within a Natural Greenbelt Protective Easement), cannot exceed six (6) fcet in
height above the ground, under no circumstances may obstruct view from any other
Lot, must be constructed of wood approved by the ACe. Hedges or other solid
screen planting may be used as Lot line barriers subject to the same height
restrictions as fences. No chain-link fences shall be permitted on a Lot. No fence.
wall or hedge shall be permitted on a Lot any nearer to any street then a building is
permitted under Section 7.7, except that nothing shall prevent the ereclion of a
necessary retaining wall, the top of which does not extend more than three (3) feet
above the finished grade at the back of said retaining wall.
7.21 Fireplace Chimnevs. Fireplace chimneys must be constructed with
material approved by the ACC and as otherwise required by this Declaration.
7.22 Garbage and Refuse. No garbage, refuse, rubbish, cuttings, or debris
of any kind shall be deposited on or left upon any Lot unless placed in an attractive
container suitably located and screened from view from the street and from the
ground level of adjacent Lots and Common Area. Such containers shall be returned
to the screened location by the end of each scheduled pick-up day. All equipment
for the storage or disposal of such materials shall be kept in a clean and sanitary
condition. No building material of any kind shall be place or stored on any property
within the Project until the Lot Owner is ready to commence construction, and then
such materials shall be placed within the boundary lines of the Lot upon which its
use is intended. Garbage cans may only be placed in public view on the day of
garbage pick-up. All woodpiles and storage areas must be placed so that they do
not obstruct or hamper any other Lot Owner's view and must be suitably screened
from view from the street and from the ground level of adj aeent Lots and Common
Areas.
7.23 Games & Plav Structures. No deck, platform, dog house, playhouse
or structure of a similar kind or nature shall be constructed on any part of a Lot
located in front orthe rear line of the residence constructed thereon, and any such
structure must have prior approval of the ACe. No basketball goals or similar
moveable structures shall be kept or placed on any public sidewalk or street.
15
7.24 Construction of Significant Recreation Facilities. The construction 01'
any significant recreational facilities on any Lot including, but not limited to, such
items as swimming pools and tennis, badminton or pickle ball courts shall require
the approval of the ACC and shall be subject to the requirements adopted by the
ACe.
7.25 Livestock and Poultry. No animals or reptiles or any kind shall be
kept on the Project, except that dogs, cats, and other indoor household pets may be
kept provided that they are not kept. bred, or maintained for any commercial
purpose. No individual Lot Owner shall keep more then two (2) dogs.
7.26 Landscaping. All cleared areas between the front building line and
the street shall be fully landscaped within thirty (30) days, depending on weather
conditions, of the time when Home is ready for occupancy. Owner shall install or
have installed fully landscaped rear and side yards within nine (9) months of
occupancy unless a longer time is approved by the ACe.
7.27 Signs. No signs of any kind, nor for any uses, shall be erected, posted,
painted or displayed on any Lot or Common Area whatsoever, except for public
notices by political divisions orthc State or Country or as required by law. Any
builder or the builder's agent may erect and display signs during the period the
builder is building and selling property in the Project only with prior approval from
the ACe. Any Lot Owner or the Lot Owner's agent wishing to sell that Owner's
Lot may place one (1) "For Sale" sign on the Lot, provided such sign complies with
any rules published by the ACe.
7.28 Temporary Structures. No trailer, basement, tent, shack, garage,
barn or other outbuildings or any structure of a temporary character erected or
placed on the Proj ecl shall at any time be used as a residence, even temporarily. No
building or structure shall be moved on to the Project from any land outside the
Project. A trailer may be placed and occupied by the designated subdivision sales
agent with the prior written approval of the ACe. A construction shack may be
used by an Owner's construction contractor during the construction period.
7.29 Completion of Construction. Any dwelling or structure erected or
placed on any Lot shall be completed as to external appearance, including finish
painting or staining, and shall be connected to sewers within eight (8) months from
the date of commencement of construction, unless some longer period of time is
approved in writing by the ACe.
7.30 Easements. Easements for the installation and maintenance of
utilities, drainage and irrigation facilities are reserved as shown on the Plat Map
and as described in Article 12. Within these easements no structure, planting or
other materials shall be placed or permitted to remain which may damage or
interfere with the installation and/or maintenance of such utilities, or which may
change the directions of flow of water through a drainage channel in the easement,
or which may obstruct or retard the flow of water through drainage channels in the
16
easement. Except as otherwise provided in Section 12.4, any easement or portion
thereoflocated on any Lot and all improvements thereon shall be maintained
continuously by the Lot Owner.
7.31 Use During Construction, Except with the approval orthe ACT, no
person shall reside in any structure on any Lot until such time as the improvements
to be erected thereon in accordancc with the plans and specifications approved by
the ACC have been completed. Completion shall be considered receipt ofa final
inspection of the dwelling unit by the City of Renton Building Department or other
applicable government official.
7.32 Excavations. Except with the permission of the ACC. or except as
may be necessary in connection with the construction of any approved
improvement, no excavation shall he madc nor shall any dirt be removed from or
added to any Lot. Except with permission of ACe, no retaining wall of more then
four feet (4) in height (exposed height) may be constructed on any Lot.
7.33 Nuisances. No noxious or undesirable thing, or noxious or
undesirable use shall be permitted or maintained upon any Lot or upon any other
portion of the Project. If the Board determines that a thing or use is undesirable or
noxious, that determination shall be conclusive.
7.34 Clothes Lines, Other Structures. No clothes lines or other structures
of a similar nature shall be visible from any street or the ground level of any
adj acent Lot or Common Area.
7.35 Common Drives. Common drives, walks (if any) and paths (if any)
shall be used exclusively for normal transit and no obstructions shall be placed
thereon of therein except by express written consent of the Board.
7.36 Building Height. Except with the permission of the ACC, no building
height shall exceed thirty (30) feet, as measured from the lowest floor elevation of
the house (either garage floor or living area t1oor) to the maximum point of the roof.
7.37 Storm Runoff. Each Lot Owner shall ensure that all roof down spout
drains are properly cleaned and maintained, and that the Tight Line Drainage lines
on each Lot are clean and free of any debris. Due diligence shall be exercised by
each Lot Owner to prevent adverse impact of storm runoff onto down stream Lots.
7.38 Storm Detention Operations and Maintenance. It is the responsibility
of the Association to maintain the detention and water quality system and
emergency access roads, if any, until such time that those improvements are deeded
or sold to a government agency, which will assume maintenance and responsibility
of such improvements. These covenants may not be amended to eliminate the
requirements to maintain the common area, including storm water facilities, private
17
roadways and other common areas, or permitting conveyance of those features to a
third party without the written permisslOn of the City of Renton,
ARITCLE 8
CO:\lMON EXPENSES AND ASSESSMENTS
8.1 Creation of the Lien and Personal Obligation of Assessments. The
Declarant. for each Lot owned within the Project. hereby covenants, and each
Owner of any Lot by acceptance of a deed therefore, whether or not it shall he so
expressed in such deed, is deemed to covenant and agree to pay to the Association
any assessment duly levied by the Association as provided herein, Such
assessments, together with interest, costs, late charges and reasonable attorneys'
fees, shall be a charge on the land and shall be a continuing lien upon tlie property
against which each such assessment is made. Each such assessment, together with
interest, costs, late charges and reasonable attorneys' fees, shall also be the personal
obligation of the person who was the Owner of such property at the time when the
assessment fell due. The personal ohligation for delinquent assessments shall not
pass to successors in title unless the lien for such delinq uent assessments had been
properly recorded prior to the title transfer or unless expressly assumed by them,
Provided, however, that in the case of a sale of any Lot which is charged with the
payment of an assessment or assessments payable in installments, the person or
entity who is the Owner immediately prior to the date of any such sale shall be
personally liable for installments that become due on and after said date.
8.2 Uniform Rate. Any assessments which may be levied from time to
time pursuant to the authority of the Board as set forth in Section 5.4.1, shall he
fixed at a uniform rate for each Lot, except for assessments levied against an Owner
for the purpose o[reimhursing the Association for cost incurred in bringing the
Owner or his/her Home and/or Lot into compliance with the provisions of this
Declaration. Declarant shall not bc obligated to pay any assessment levied against
any Lots of this Declaration. Declarant shall not be obligated to pay any assessment
levied against any Lots owned by it. An assessment against a Lot shall he the joint
and several personal obligation of all Owners of that Lot.
8,3 Initial Assessment Amount. Upon the sale of each Lot by the
Declarant (whether to a builder or otherwise), each Lot Owner, at the time o[
his/her purchase of the Lot. shall pay an initial start-up assessment to the
Association in the amount of$150.00, Such initial assessment shall be in addition to
any annual assessment provided for in this Article 8 and shall be for the purpose o[
reimbursing the Declarant and/or Association [or maintenance and operating
expenses of and for the Common Areas during the initial development and house
sales period. Notwithstanding the provision set forth above, the Declarant shall not
be liahle for any initial assessments assessed or due so long as Declarant owns any
Lot.
8.4 Limitation on Annual Assessment Amount.
8,4,1 Board Authoritv. At any time after the sale of the first Lot by
the Declarant (whether to a builder or otherwise), the Board shall have the
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authority, without obtaining prior approval of the Owners, to levy assessments in a
given calendar year totaling not more then ~250.0() per Lot. Assessments included
in the foregoing calculation shall not lllclude any assessments which are levied
against an Owner for reimbursing the Association lor costs incurred in bringing the
Owner or his/her Home and/or L.ot into compliance with the provision of this
Declaration nor any initial assessments provided for in Section 8.3.
l\otwithstanding the provision set forth above, the Declarant shall not be liable for
any fees or assessments assessed or due so long as Declarant owns any L.ot.
8.4.2 Annual Increase in Dollar Limit. The maximum dollar
amount specified in Section 8.4.1 shall not be increased by more than fifteen percent
(15 %) without the approval of a majority of the L.ot Owners voting at a meeting
duly called for such purpose.
8.4.3 Owner Approval Required. Any assessment to be levied in a
given calendar year which would cause the total of all assessments for the year to
exceed the sum per L.ot permitted by Section 8.4.1 and 8.4.2 shall require the calling
ofa meeting of the Association upon notice sent to all members not less than thirty
(30) nor more than sixty (60) days in advance of the meeting, and the approval at
sucb meeting of the levy of such assessment by a majority of the Lots represented at
such meeting, provided a quorum is present as defined in the Bylaws.
8.5 Manner and Time of Pavment. Assessments shall be payablc by each
Owncr in such reasonable manner as the Board shall designate. Any assessment or
installment thereof which remains unpaid for at least fifteen (15) days after the due
date thereof shall bear interest at an annual rate equal to fifteen percent (15%), and
the Board may also assess a late chargc in an amount not exceeding twenty-five
(25%) of any unpaid assessment which has been delinquent for more than fifteen
(15) days.
8.6 Accounts. Any assessments collected by the Association shall be
deposited in one or morc insured institutional depository accounts established by
the Board, The Board shall have exclusive control of such accounts and shall
maintain accurate records thereof, provided, however, that the Board may exercise
such control through a property manager retained pursuant to Section 5.4.2. No
withdrawal shall be made from said accounts except to pay for charges and
expenses authorized by this Declaration.
8.7 Lien. In the event any assessment or installment thereof remains
delinquent for more than thirty (30) days, the Board may, upon fifteen (15) days
written notice to the Owner of such Lot of the existence of the default, accelerate
and demand immediate payment of the entire assessment. The amount of any
assessment assessed or charged to any Lot plus interest, cost, late charges and
reasonable attorneys' fees, shall be a lien upon such L.ot. A claim of lien may be
recorded in the office where real estate conveyances are recorded lor the county in
which this Projcct is located. Such claim oflien may bc filed at any time at least
fifteen (15) days following delivery of the notice of default referred to above. The
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lien for payment of such assessments and charges shall have priority over all other
liens and encumbrances, recorded or unrecorded, limited as provided in Section
11.1, Suit to recover a money judgment for unpaid <lssessments or charges shall be
maintainable with or without foreclosure or waiver of the lien securing the same.
8.8 Waiver of Homestead, Each Owner hereby w<lives, to the extent of
any liens created pursuant to this Article, the henefit of any homestead or exemption
law in effect at the time any assessment or installment thereof becomes delinquent
or any lien is imposed pursuant to the terms hereof.
8,9 Continuing Liability for Assessments, No Owner may exempt
himseJrjherselffrom liability for his/her Assessments hy abandonment ofhis/her
Lot.
8,10 Records, Financial Statements. The Board shall prepare or cause to
be prepared, for any calendar year in which the Association levies or collects any
assessmcnts, and shall distribute to all Owners, a balance sheet and an operating
(income/expense) statement for the Association, which shall include a schedule of
assessments received and receivable, identified by the number of the Lot and the
name of the Owner so assessed. The Board shall cause detailed and accurate
records of the receipts and expenditures of the Association to be kept specifying and
itemizing the maintenance, operating, and any other expenses incurred, Such
records, copies of this Declaration, the Articles and the Bylaws, and any resolution
authorizing expenditures of Association funds shall be available for examination hy
any Owner at reasonably convenient hours,
8,11 Certificate of Assessment. A certificate exeeu ted and acknowledged
by the treasurer or the president of the Board, or an authorized agent thereof if
neither the president nor treasurer is available, stating the indebtedness for
assessments and charges or lack thereof secured by the assessment lien upon any
Lot shall be conclusive upon the Association as to the amount of such indebtedness
on the date of the certificate, in favor of all persons who rely thereon in good faith.
Such a certificate shall he furnished to any Owner or any encumbrancer of a Lot
within a reasonable time after request, in recordable form, at a rcasonable fee,
Unless otherwise prohibited by law, any encumbrancer holding a lien on a Lot may
pay any unpaid assessments or charges with respect to such Lot, and, upon such
payment, shall have a lien on such Lot for the amounts paid of the same rank as the
lien of his/her encumbrance.
8.12 Foreclosure of Assessment Lien, Attorneys' Fees and Costs. The
Declarant or Board, on behalf of the Association, may initiate action to foreclose the
lien of, or collect, any assessment. In any action to foreclose the lien of, or otherwise
collect, delinquent assessments or charges, any judgment rendered in favor of the
Association shall include a reasonable sum for attorneys' fees and all costs and
expenses reasonably incurred in preparation for or in the prosecution of said action
(including in any arbitration, on appeal, and in any bankruptcy proceeding), in
addition to taxable costs permitted by law,
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8.13 Curing of Default. The Board shall prepare and record a satisfaction
a<rJIilase of the lien for which a claim of lien has been filed and recorded in
accordance with this Articlc upon timely payment or othcr satisfaction of all
delinquent assessments set forth in the Notice. and all other assessments which have
become due and payable following the date of such recordation with respect to the
Lot as to which such claim oflien was recorded, together with all costs, late charges
and interest which have accrued thereon. An additional administrative fce of
twenty-five dollars ($25.00) covering the cost of preparation and recordation shall
be paid to the Association prior to such action. The satisfaction of the lien created
by the claim of lien shall be executed hy the president or treasurer of the Association
or by any authorized representative of the Board. For the purposes of this
paragraph, the term "costs" shall include costs and expenses actually incurred or
expended by the Association in connection with the cost of preparation and
recordation of the claim of lien and in efCorts to collect the delinquent assessments
secured by the lien and a reasonable sum for attorneys' fees.
8.14 Omission of Assessment. The omission by the Board or the
Association to fix the estimate for assessments and charges hereunder for the next
year before the expiration of any current year shall not be deemed a waiver or
modification in any respect of the provisions of this Declaration, or a release oCthe
Owner from the obligation to pay the assessments and charges, or any installment
thereof for that or any subsequent year. The assessment and charge fixed for the
preceding ycar shall continue until a new assessment or charge is fixed.
8.15 Assessment Deposit. A Lot Owner may be required, by the Board or
by the managing agent, from time to time, to make and maintain a deposit of not
more than the total of one (1) annual assessment, plus either one (1) special
assessment if special assessments arc payable on an annual basis, or three (3) special
assessment installments ifspecial assessments are payable on a monthly or other
periodic basis. Such deposit may be collected as arc other assessments and charges.
Such deposit shall be held in a separate fund, be credited to such Owner, and be for
the purpose of establishing a working capital fund for the initial Project operations
and a reserve for delinquent assessments. Resort may be had thereto at any time
when such Owner is ten (10) days or more delinquent in paying his/her assessments
and charges, to meet unforeseen expenditures, to acquire additional equipment or
services deemed necessary or desirable by the Board, or as a credit against any
annual or special assessments to become due from such Owner. Said deposits shall
not be considered as advance payments of annual assessments. All or any portion of
such deposit may at any time be refunded to the Owner by the Association in the
discretion of the Board, such refund being made as a cash refund or a credit against
assessments subsequently to become due or a combination thereof.
8.16 Exempt Property. The following property subj ect to this Declaration
shall be cxempt from the assessments created herein:
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8.16.1 All properties dedicated to and accepted by a governmental
entity,
8.16.2 All Common Areas, and
8.1(,.3 All properties owned by a charitable or nonprofit organization
or an organization exempt from taxation by the laws of the state of Washington.
However, the land or improvements, which are referred to in Sections 8.16.1, 8.16.2
and 8.16.3 and which are devoted to dwelling usc, shall not be exempted from said
assessments.
8.17 Effect of Legal Proceedings. In any legal proceeding commenced
pursuant to Section 9.1.1, and notwithstanding the assessment limitation provided
for in the Declaration, the court having jurisdiction over such proceeding shall also
have jurisdiction and power to cause assessments to be levied and collected on an
equal per Lot basis in such amounts as is reasonably necessary to cause the Project
to be properly administered in accordance with the provisions of this Declaration
and the Bylaws, or to cause the provisions of this Declaration and the Bylaws to be
properly applied and enforced.
ARTICLE 9
COMPLIANCE WITH DECLARATION
9.1 Enforcement.
9. I. I Compliance of Owner. Each Owner, Board member and the
Association shall comply strictly with the provisions of this Declaration and with the
Bylaws and administrative rules and regulations adopted by the Association (as the
same may be lawfully amended from time to time). Failure to comply shall bc
grounds for an action to recovcr sums due for damages, or inj unctive relief, or both,
maintainable by the Board (acting through its officers on behalf of the Association
and the Owners), or by the aggrieved Owncr on his/her own against the party
(including an Owner or the Association) failing to comply. In addition. the
Association may impose and collect fines as provided in Section 5.4,12 of this
Declaration.
9.1.2 Compliance of Lessee. Each Owner who shall rent or lease
his/her Lot shall insure that the lease or rental agreement is in writing and subject
to the terms of this Declaration, Articles of Incorporation, and Bylaws. Said
agreement shall further provide that failure of any lessee to comply with the
provisions of said documents shall be a default under the lease.
9. 1.3 Attornevs' Fees. In any action to enforce the provisions of this
Declaration. the Articles of Incorporation or the Bylaws, the prevailing party in
such legal action shall be entitled to an award for reasonable attorneys' fees and all
costs and expenses reasonably incurred in preparation for or prosecution of said
22
action (including in any arbitration, on appeal or in any bankruptcy proceeding), in
addition to taxable costs permitted by law.
9.2 No Waiver of Strict Performance. The failure of the Board, or
Declarant or Declarant's managing agent, as applicable, in anyone or more
instances to inSIst upon or enforce the strict performance of any of the terms,
covenants. conditions or restrictions of this Declaration, or of any Bylaws or
administrative rules or regulations, shall not be construed as a waiver or a
relinquishment for the future of such term, covenanL condition or restriction, but
such term, covenant, condition or restriction shall remain in full force and effect.
No waiver by the Board of any provision hereof shall bc deemed to have been made
unless expressed in writing and signed by the Board.
9.3 Right of Entrv. Violation of any of the provisions hereof shall give to
Declarant, its successors, or the Association, the right to enter upon the Lot as to
which such violation exists and to abate, correct and remove, at the expense of the
Owner thereof, any erection, thing or condition that may he or exists thereon
contrary to the provisions hereof. Such entry shall be made only after three (3) days
notice to said Owner and with as little inconvenience to the Owner as possible, and
any damage caused thereby shall be repaired by the Association. Declarant, its
successors. or the Association shall not be deemed guilty of any manner of trespass
by such entry, abatement or removal.
9.4 Remedies Cumulative. The remedies provided are cumulative, and
the Board may pursue them concurrently, as well as any other remedies that may be
available under law although not expressed herein.
ARTICLE 10
LIMITATION OF LIABILITY
10.1 No Personal Liabilitv. So long as a Board member, Association
committee member, Association officer, Association agent, or Declarant exercising
the powers of the Board, has acted in good faith, without willful or intentional
misconduct, upon the basis of such information as may be possessed by such person,
no such person shall be personally liable to any Owner, or other party, including the
Association, for any damage, loss or prejudice suffered or claimed on account of any
act, omission, error, negligence (except gross negligence), any discretionary decision,
or failure to make a discretionary decision, by such person in such person's official
capacity, PROVIDED, that this section shall not apply where the consequences of
such act, omission, error or negligence are covered by insurance or bonds obtained
hy the Board pursuant to this Declaration.
10.2 Indemnification of Board Members. Each Board member or
Association committee member, or Association officer, Association agent, or
Declarant exercising the powers of the Board, and their respective heirs and
successors, shall be indemnified by the Association against all expenses and
liabilities, including attorneys' fees, reasonably incurred by or imposed in
23
connection wIth any proceeding to which he/she may be a party, or in which he/she
may become involved, by reason of being or having held such positIon at the time
such expenses or liahilities are incurred, except in slIch cases wherein such person is
adjudged guilty of mtentional misconduct or gross negligence or a knowing violation
oflaw in the performance ofhis/her duties, and except in such cases where such
person has participated in a transaction from which said person will personally
receive a benefit in money, property, or services to which said person is not legally
entitled, PROVIDED, that, in the event of a settlement, the indemnification shall
apply only when the Board approves such settlement and reimbursement as being in
the hest interest of the Association. Nothing contained in this Section 10.2 shall,
however, be dcemed to obligate the Association to indemnify any Member or Owner
ofa Lot who is or has been a Board member or officer of the Association with
respect to any duties or obligation assumed or liahilities incurred by him under and
by virtue of the Declaration as a Member or Owner ofa Lot covered thereby and
not as a Board mem her or officer of the Association.
ARTICLE 11
MORTGAGEE PROTECTIOl'i
11.1 Priority of Mortgagee, Notwithstanding all other provisions hereof,
the liens created under this Declaration upon any Lot for assessments shall be
subject to tax liens on the Lot in ravor an any assessing unit and/or special district
and be subject to the rights of the secured party in the case of any indebtedness
secured by first lien Mortgages whieh were made in good faith and for value upon
the Lot. Where the Mortgagee of a Lot, or other purchaser of a Lot, obtains
possession of a Lot as a result of Mortgage judicial or nonj udicial foreclosure or
deed in lieu thereof, such possessor and its successors and assigns shall not be liable
for the share of any assessment by the Association chargeable to such Lot which
becomes due prior to such possession, but will be liable for any assessment accruing
after such possession. Such unpaid share of common expenses or assessments shall
be deemed to be common expenses collectible from all of the Lot Owners including
such possessor, its successor and assigns.
11,2 Effect of Declaration Amendments. No amendment to this
Declaration shall be effective to modify, change, limit or alter the rights expressly
conferred upon Mortgagees in this instrument with respect to any unsatisfied
Mortgage duly recorded unless the amendment shall be consented to in writing by
the holder of such Mortgage. Any provision of this Article concerning rights of
Mortgagees that is inconsistent with any other provision of this Declaration shall
control over such other inconsistent provisions.
11.3 Rights of Lien Holder. A breach of any of the provisions, conditions,
restriction, covenants, easements or reservations herein contained shall not affect or
impair the lien or charge of any bona fide Mortgage made in good faith and for
value on any Lots, provided, however, that any subsequent Owner of the Lot shall
be bound by these provisions whether such Owner's title was acquired by
foreclosure or trustee's sale or otherwise.
24
11.4 Change in Manner of Architectural Review and Maintenance Within
Project. The Association shall not, without prior written approval of seventy-five
percent (75 %) "f al I fi rst Mortgagees (b ased npon one (1 ) vote fo r eac h firs t
Mortgage owned) and seventy-five percent (75%) of all Owners (other tban
Declarant) of record by act or omission change, waive or abandon any scheme of
regulations, or enforcement thereof, pertaining to the architectural design or the
exterior appearance of Homes, the exterior maintenance ofl-Iomes, maintenance of
walkways, fences and driveways, or the upkeep oflawns and plantings in the
development, including the provisions of Articles 4 and 5 hereof
11,5 Copies of Notices. If the first Mortgagee of any Lot so requests the
Association in writing, the Association shall give written notice to such first
Mortgagee of an Owner/Mortgagor of a Lot has for more than sixty (60) days failed
to meet any obligation under this Declaration,
11.6 Furnishing of Documents. The Association shall make available to
prospective purchasers, Mortgagees, insurers, and guarantors, at their request,
current copies of the Declaration, Bylaws, and other rules governing the Project,
and the most recent balance sheet and income/expense statement for the
Association, if any has been prepared,
ARTICLE 12
EASEMENTS
12,1 Association Functions. There is hereby reserved to Declarant and the
Association, or their duly authorized agents and representatives, such easements as
are necessary to perform the duties and obligations of the Association as are set
forth in the Declaration, or in the Bylaws, and rules and regulations adopted by the
Association.
12_2 Easements Over Common Areas. The Board, on behalf of the
Association and all members thereof, and as an attorney-in-fact for all Lot Owners
with an irrevocable power coupled with an interest, shall have authority to grant (in
accordance with applicable governmental laws and regulations) utility, road and
similar easements, licenses and permits, under, through or over the Common Area,
which easements the Board determines are reasonably necessary to the ongoing
development and operation of the Project, provided, however, that no casement
shall be granted within any Native Growth Protection Area or Native Growth
Protection Easement.
12.3 Access to Public Streets. Each Owner and his/her guests and invitees
shall have a perpetual, non-exclusive easement across all roadways constructed
within the Project, thereby providing access throughout the Project and to public
streets,
12.4 Utilitv Easements. On each Lot, easements are reserved as provided
hy the Plat Map and applicable laws, ordinances and other governmental rules and
regulations for utility installation and maintenance, including but not limited to,
25
underground electric power, telephone, water, sewer, drainage, and accessory
equipment. together with the right to enter upon the Lots at all times for said
purposes.
ARTICLE 13
TERM OF DECLARATION
13.1 Duratiou of Covenants, The covenants contained herein shall run
with and bind the land for a term of thirty (30) years from the date this Declaration
is recorded, after which time the covenants shall be automatically extended for
successive periods often (10) years each, unless an instrument executed in
accordance with Section 14.1 below shall be recorded, abandoning or terminating
this Declaration.
13.2 Abandonment of Subdivision Status. The Association shall not,
without the prior written approval of the governmental entity having jurisdiction
over the Project and without prior written approval of one hundred percent (100%)
of all first Mortgagees (based upon one (1) vote for each first Mortgage owned) and
one hundred percent (100%) of all Owners (other then Declarant) of record, seek by
act or omission to abandon or terminate the subdivision status of the Project as
approved by the governmental entity having appropriate jurisdiction over the
Project.
ARTICLE 14
AMENDMENT OF DECLARATION, PLAT MAP
14.1 Declaration Amendment. Amendments to the Declaration shall be
made by an instrument in writing entitled "Amendment to Declaration" which sets
forth the entire amendment, except as otherwise specifically provided for in this
Declaration, any proposed amendment must be approved by a majority of the
Board prior to its adoption by the Owners. Amendments may be adopted at a
meeting of the Owners if seventy-five percent (75%) of the Owners vote for such
amendment or without any meeting if all Owners have been duly notified and
seventy-five percent (75%) of all the Owners consent in writing to such amendment.
Notwithstanding the foregoing, any amendment to a provision of the Declaration
establishing, providing for, governing or regulating the following shall require the
consent of seventy-five (75%) of all the Owners and seventy-five percent (75%) of
all the Mortgagees and the consent of the Declarant (so long as Declarant owns any
Lots): voting, assessments, assessment liens or subordination of such liens, reserves
for maintenance, repair and replacements of Common Areas, insurance or bonds;
use of Common Areas, responsibility for maintenance or repairs, expansion or
construction of the Project or the addition, annexation or withdrawal of property to
or from the Project, boundaries of Lots, converting of Lots into common Areas or
vice versa; dedicating or transferring all or any part of the Common Area to any
publie agency, authority or utility, leasing of Lots; provisions for the benefit of the
Declarant, provisions for benefit of first Mortgagees, Or holders, insures or
guarantors of first Mortgages, the interests in Common Areas; or imposition of any
26
right of first refusal or similar restrictions on the right of an Owner to sell, transfer
or otherwise convey a Lot, providcd, that a Mortgagee who fails to respond in
writing within thirty (30) days ofa written request to approve an amendment shall
be deemed to havc approved the request In all events, the amendment when
adopted shall bear the signature of the president of the Association and shall be
attested by the secretary, who shall state whether the amendment was properly
adopted, and shall be acknowledged by them as officers of the Association.
Amendments once propcrly adopted shall be effective upon recording in the
appropriate governmental offices where real estate conveyances are recorded [or
the county in which the ProJect is located. It is spccifically covenanted and
understood that any amendment to this Declaration properly adopted will he
completely effective to amend any or all of the covenants, conditions and restrictions
contained herein that may be affected and any or all clauses of this Declaration
unless otherwise specifically provided in the section being amended or the
amendment itself
14.2 Plat Map, Except as otherwise provided herein, to cffect an
amendment to the Declaration adopted as provided for in Section 14.1, the Plat
Map may be amended by revised versions or revised portions thereof, provided that
the revised version or revised portions reference the adopted amendment to this
Declaration. Copies of any such proposed amendment to the Plat Map shall be
made available for the examination of every Owner. Such amendment to the Plat
Map shall be effective, once properly adopted, upon having received any
governmental approval required by law and recordation in conjunction with the
Declaration amendment in the appropriate governmental ofl1ce where real estate
conveyances are recorded for the county in which the Project is located.
14.3 Amendments to Conform to Construction. Declarant, upon
Declarant's sole signature, and as an attorney-in-fact for all Lot Owners with an
irrevocable power coupled with an interest, may at any time, until all Lots have
been sold by Declarant, file an amendment to the Declaration and to the Plat Map to
conform data depicted therein to improvements as actually constructed and to
cstablish, vacate and relocate utility easements and access road easements.
14.4 Amendments to Conform to Lending Institution Guidelines.
Declarant, upon Declarant's sole signature, and as an attorney-in-fact for all Lot
Owners with an irrevocable power coupled with an interest, may at any time, until
all Lots have been sold by Declarant, file an amendment to the Declaration and to
the Plat Map to conform data depicted therein to improvements as actually
constructed and to establish, vacate and relocate utility easements and access road
casements.
14.5 Article 16 Amendments, Declarant, upon Declarant's sole signature,
and as an attorney-in-fact for all Lot Owners with an irrevocable power coupled
with an interest, may at any time, until all Lots have been sold by Declarant, file
such amendments to the Declaration and Plat Map as are necessary in the exercise
of Declarant's powers under Article 16. Annexations provided for in Article 16
27
shall bc approved and recorded as an amendment to this Declaration as provided in
this Article 14.
ARTICLE 15
INSURANCE
15.1 Insnrance. The Board shall have authority in the exercise of its
discretion to obtain and maintain at all times as a common expense a policy or
policies and bonds of liability insurance and property insurance covering the
ownership, use and operation of all the Common Area (and Common Area
improvements), if any, including common personal property and supplies belonging
to the Association; fidelity coverage for Association Board members (including
Declarant), officers, employees or agents, and such other insurance as the Board
may deem advisable or as may be required by the Federal National Mortgage
Association, Federal Home Loan Mortgage Association, Veterans Administration or
similar agencies or lending institutions. In the event of damage to or destruction of
any part of the Common Area improvements, the Association shall repair or replace
the same from the insurance proceeds available. If such insurance proceeds are
insufficient to cover the costs of repair or placement o[the property damaged or
destroyed, the Association may make a reconstruction assessment against all Lot
Owners to cover the additional cost of repair or replacement not covered by the
insurance proceeds, in addition to any other common assessments made against
such Lot Owners.
ARTICLE 16
ANNEXATION AND WITHDRAWAL OF ADDITIONAL PROPERTIES
16.1 Annexation and Withdrawal bv Declarant. Although not obligated to
do so, Declarant reserves the right to develop as single family residential
subdivisions additional lands that would be in addition to and are nearby the land
described in Exhibit A CAdditional Lands"). Declarant may cause all or any
portion of such Additional Lands to he annexed to the existing Project without the
assent of the members of the Association, PROVDED, however, that the annexation
of Additional Lands described in this Article shall be adjacent to the then existing
Project. Such Additional Lands shall be deemed "adjacent" to the existing Project
even if separated therefrom by land which (i) is owned by Declarant, the Association
or the Lot Owners as tenants in common, or (ii) is owned hy or dedicated to the
public or a governmental agency or instrumentality, or (iii) is availahle for the use
or benefit of the Association or Lot Owners by easement or otherwise, or (iv) is a
public or private street, path, bicycle path, railroad track or other improvement or
easement for puhlic transportation or utility service. Although not obligated to do
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so, Declarant reserves the right to discontinue development of and withdraw from
the Project any unplatted land within the Project, including any Additional Lands
previously annexed, without the assent of the members of the Association.
16.2 Non-Declarant Annexation. Annexation or Additional Lands other
than Declarant annexatIons provided for in Section 16.1 hereof shall rcquire the
assent of the Owners, 'vlortgagecs and Declarant as provided in Section 14.1
16.3 Common Areas Within Additional Lands. Common Areas within any
Additional Lands subsequently annexed to the existing Project shall be available for
the common use of all Owners of Lots within the existing Project as well as within
such subsequently annexed Additional Lands. Likewise, Common Areas within the
existing Project shall be available for the common use of all Owners of Lots within
such subsequently annexeci Additional Lands as well as within the existing Project.
ARTICLE 17
MISCELLANEOUS
17.1 Notices. Any written notice, or other document as required by this
Declaration, may be delivered personally or by mail. If by mail, such notiec, unless
expressly provided for herein to the contrary with regard to the type of notice being
given, shall be deemed to have been delivered and received forty-eight (48) hours
after a copy thereof has been deposited in the United States first-class mail, postage
prepaid, properly addresses as follows:
(a) If to an Owner, other than Declarant, to the registered address
of such Owner, as filed in writing with the Board pursuant to the requirements of
the Bylaws, or ifno such address is filed, then to the address ofthc Owner's Lot.
(b) If to Declarant, whether in its capacity as an Owner, or in any
other capacity, to the address which Declarant shall have advised the Board in
writing.
(c) Prior to the expiration of the Declarant's management
authority pursuant to Section 5.2, notices to the Board shall be addressed either to
an address to be posted by the Board at all times in a conspicuous place or to the
registered office of the Association. In addition, from and after thc expiration of the
Declarant's management authority, notice of the address ofthc Association shall be
given by the Board to each Owner, within a reasonable time after the Board has
received actual notice of such Owner's purchase of a Lot.
17.2 Convevance, Notice Required. The right of an Owner to sell, transfer,
or otherwise convey his/her Lot shall not be subjcct to any right of approval,
disapprovaL first refusal, or similar restriction by the Association or the Board or
anyone acting on their behalf. An Owner intending to sell a Lot shall deliver a
written notice to the Board at least two (2) weeks before closing, specifying the Lot
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being sold; the name and address of the purchaser, of the closing agent, and of the
title insurance company insuring the purchaser's interest, and the estimated closing
date. The failure of an Owner to properly give such notice to the Board shall not
mvalidate the sale. The Board shall have the right to notice the purchaser, the tItle
insurance company, and the c10smg agent of the amount of unpaid assessments and
charges outstanding against the Lot, whether or not such information is requcsted.
17.3 Successor and Assigns. This Declaration shall be binding upon and
shall inure to the benefits of the heirs, personal representatives, successors and
assigns of Declarant, and lhe heirs, personal representatives, grantees, lessees,
subleases and assignees of the Owners.
17.4 Joint and Several Liabilitv. In the case of joint ownership of a Lot,
the liability of each of the Owners thereof in connection with the liabilities and
obligations of Owners set forth in or imposed by this Declaration shall be joint and
several.
17.5 Mortgagee's Acceptance.
17.5.1 Priority of Mortgage. This Declaration shall not initially be
binding upon any Mortgagce of record at the time of recording of this Declaration
but rather shall be subject and subordinate to said Mortgage.
17.5.2 Acceptance Upon First Convevance. Declarant shall not
consummate the conveyance of title to any Lot until each Mortgagee of record at the
time of recording of this Declaration shall have accepted the provisions of this
Declaration and made appropriate arrangements for partial release of Lots from
the lien of said Mortgage. The issuance and recording of the first such partial
release by said Mortgagee shall constitute its acceptance of the provisions of this
Declaration and acknowledgment that this Declaration is binding upon all of the
Lots remaining subject to its Mortgage, provided, that, except as to Lots so released,
said Mortgage shall remain in full effect.
17.6 Severabilitv. The provisions hereof shall be deemed independent and
severable, and the invalidity or parlial invalidity or unenforceability of anyone
provision or portion thereof shall not affect the validity or enforceability of any
other provision hereof
7.7 Effective Date. The Declaration shall take effect upon recording.
17.8 Government Right of Access. Governmental entities shall have rights
of access and inspection for the open space and any drainage facilities contained
therein.
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IN WITNESS WEREOF RIDGEVIEW COURT, LLC have executed this
Declaration the day and year first hereinahove written
RIDGEVIEW COURT, LLC
a Washington limited liability company
By:
STATE OF WASHINGTON
COUNTY OF KING
)
)
)
ss:
I certify that I know or have satisfactory evidence the
~-----cc---:--:--,----:---,--is the person who appeared before me, and said
person acknowledged that he signed this instrument, on oath stated that he was
authorized to execute this instrument and acknowledged it as the MANAGER of
RIDGEVIEW COURT, LLC, to be the free and voluntary act of such party for the
uses and purposes mentioned in this instrument.
DATED ______ , 200
Print Name:
--~-~~~~
NOT ARY PUBLIC in and for the State or
Washington, residing at
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My Appointment expires: _____ _
EXHIBIT A
Legal Description of the Project
Lots 1-20 of RIDGEVIEW COURT as recorded in Volume of Plats,
Pages _ through _, Records of King County, State of Washington, under
Recording No, _______ _
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