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HomeMy WebLinkAboutRC 20060418001094 Return Address: 1111111111111111111111111 City C1erk's•Office City of Renton 1055 S. Grady Way 20060418001094 Renton WA 98055 CITY OF RENTON COV 50.00 PAGE001 OF 019 04/18/2006 12:05 KING COUNTY, WA Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04) Document Title(s)_ (or transactions contained therein): (all areas applicable to your document must be filled in) 1. c'.�irr��lrlD , l,(0JPna,Z.S 2• 3. 4. Reference Number(s) of Documents assigned or released: 20060415 0010 93 Additional reference#'s on page of document Grantor(s) (Last name,first/7p2n/ame,initials) • • 1. G tl. /e River' me-S, 2. Additional names on page of document. Grantee(s) (Last name first,then first name and initials) 1. 2. Additional names on page of document. Legal description(abbreviated: i.e.lot,block,plat or section,township,range) L_0 VS 1— 1l trAer t° Ln e Additional legal is on page ,.4 of document. Assessor's Property Tax Parcel/Account Number (C]Assessor Tax#not yet assigned The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to. verify the accuracy or completeness of the indexing information provided herein. I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. JJ, , - . e =ice. Signature of Requesting Party J DECLARATION OF COVENENTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE Declarant,as the owner in fee of real property legally described as Lots 1-16 Cherie Lane,according to the plat thereof recorded at Volume a3 of Plats,pages 6_?8 through 07/ ,inclusive,recorded at King County Recorder's File Number 00604/30o (oci3 situate in King County. Washington Also known as The South one-half of the Northwest one-quarter of the Southwest one-quarter of Section 29,Township 23 North,Range 5 East.W.M.,in King County,Washington; EXCEPT the North 330 feet: AND EXCEPT the East 660 feet thereof. SITUATE in the County of King, State of Washington. and all streets and tracts delineated on the plat(hereafter the"Real Property"),hereby covenants,agrees and declares that all of the Properties and Housing Units constructed on the Properties are and will be held, sold, and conveyed subject to this Declaration, which is made for the purpose of enhancing and protecting the value,desirability and attractiveness of the Properties for the benefit of all of the Properties and their owners. The covenants,restrictions.reservations,and conditions contained in this Declaration shall run with the land as easements and equitable servitudes,and shall be binding upon the Properties and each portion thereof and all persons owning,purchasing,leasing, subleasing or occupying any Lot on the Properties,and upon their respective heirs, successors and assigns. This Declaration and its exhibits consist of /Q pages,including the title pages but not including the Recorder's Cover page preceding this page. Declarant Mackenzie River Homes Inc By: • 0s�-- Wyman.President State of Washington ss County of King I certify that I know or have satisfactory evidence that Kevin M Wyman is the person who appeared before me,and said person acknowledged that he was authorized to execute the instrument and acknowledged it as the President of Mackenzie River Homes Inc to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. "� Dated c J. I 2005 - c �ih.o. ' v (printed name) ," ; • Notary Public � "� My Appointment Expires .7 -70 -07 t;,A J DECLARATION OF COVENENTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE - A COVENANTSCover doe ARTICLE ONE Definitions ARTICLE TWO Reserved ARTICLE THREE Management of Common Areas and Enforcement of Declaration Section One Development Period Section Two Purpose of Development Period Section Three Authority of Association after Development Period Section Four Delegation of Authority ARTICLE FOUR Membership ARTICLE FIVE Voting Rights ARTICLE SIX Property Rights in Common Areas ARTICLE SEVEN Maintenance and Common Expenses Section One Standard of Maintenance—Common Areas Section Two Standard of Maintenance—Lots Section Three Remedies for Failure to Maintain Section Four Common Expenses ARTICLE EIGHT Assessments Section One Types of Assessments Section Two Determination of Amount Section Three Certificate of Payment Section Four Special Assessments Section Five Reserved Section Six Fines Treated as Special Assessments ARTICLE NINE Collection of Assessments Section One Lien—Personal Obligation Section Two Delinquency Section Three Suspension of Voting Rights Section Four Commencement of Assessments Section Five Enforcement of Assessments ARTICLE TEN Building, Use and Architectural Restrictions Section One Development Period Section Two Authority of ACC after Development Section Three Delegation of Authority of ACC Section Four Appointment of ACC Section Five Approval by ACC Required Section Six Temporary Structures Prohibited Section Seven Nuisances Section Eight Limitation on Animals Section Nine Limitation on Signs Section Ten Completion of Construction Projects Section Eleven Unsightly Conditions Section Twelve Antennas, Satellite Reception Section Thirteen Setbacks Section Fourteen Roofs Section Fifteen Fences. Walls Section Sixteen Residential Use Only.Home Business Limited Section Seventeen Underground Utilities Required Section Eighteen Limitation on Storage of Vehicles Section Nineteen Enforcement ARTICLE ELEVEN Easements Section One Easements for Encroachments Section Two Easements on Exterior Lot Lines Section Three Association's Easement of Access Section Four Easement for Developer DECLARATION OF COVENENTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE - B COVENANTSCover.doc • ARTICLE TWELVE Mortgage Protection Section One Mortgagees Section Two Liability Limited Section Three Mortgagee's Rights during Foreclosure Section Four Acquisition of Lot by Mortgagee Section Five Reallocation of Unpaid Assessment Section Six subordination Section Seven Mortgagee's Rights Section Eight Limitation on Abandonment of Common Areas Section Nine Notice ARTICLE THIRTEEN Management Contracts ARTICLE FOURTEEN Insurance Section One Coverage Section Two Replacement,Repair after Loss ARTICLE FIF IBEN Rules and Regulations ARTICLE SIXTEEN Remedies and Waiver Section One Remedies Not Limited Section Two No Waiver ARTICLE SEVENTEEN General Provisions Section One Singular and Plural Section Two Severability Section Three Duration Section Four Attorney's Fees, Costs and Expenses Section Five Method of Notice Section Six Enforcement of Declaration Section Seven Successors and Assigns Section Eight Exhibits ARTICLE EIGHTEEN Amendment and Revocation Section One Exclusive Method Section Two Amendment by Developer Section Three Voting Section Four Effective Date Section Five Protection of Developer DECLARATION OF COVENENTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE - C COVENANTSCover.doc • • DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS ARTICLE ONE Definitions For purposes of the Declaration, Articles of Incorporation and Bylaws of the Association, certain words and phrases have particular meanings, which are as follows 1 "ACC" shall mean the Architectural Control Committee, as described in Article Ten, Section Four 2 Reserved 3 "Articles" shall mean the Association's articles of incorporation and any amendments 4 "Association" shall mean the homeowner's association formed as a nonprofit corporation for the purpose of administering this Declaration 5 "Board"or"Board of Directors" shall mean the Board of Directors of the Association 6 "Bylaws"shall mean the Association's Bylaws and any amendments 7 "Common Areas" shall mean the property, both real and personal, in which the Association has been granted an ownership interest, easement, lease or other right of control, by written instrument, by delineation on the Plat 8 "Declaration" shall mean this Declaration of Protective Covenants, Conditions, Easements and restrictions, and any amendments thereto 9 "Developer" shall mean the Declarant Mackenzie River Homes Inc, or any persons or entities to which it assigns all or a portion of its rights as Developer, or succeeds to its interest. To the extent that a portion of the Developer's rights and responsibilities are assigned, the assignee may exercise the rights and perform the responsibilities described in the assignment 10 "Development Period" shall mean the period of time from the date of recording of this Declaration until 180 days after the date upon which 100%of the lots have been improved by construction of single family homes by the Developer or its assignees, or any shorter period as agreed to by all of the Developer's assignees. A partial delegation of authority by the Developer of any of the management duties described in this Declaration shall not terminate the Development Period 11 "Housing Unit"shall mean the building occupying a Lot 12 "Institutional First Mortgagee" or "Mortgagee" shall mean a bank or savings and loan association or established mortgage company, or other entity chartered under federal or state taws, any corporation or insurance company or state or federal agency which holds a first mortgage or deed of trust against a Lot or Housing Unit thereon 13 "Lot" shall initially refer to one of the Lots located in the Real Property described herein DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE— 1 • 14 "Member"shall mean every person or entity that holds a membership in the Association 16 "Mortgage" shall mean a mortgage or deed of trust encumbering a Lot or other portion of the Properties 17 "Neighborhood Services" shall mean any services that the Association is required to provide for the benefit and of the Lots or related to their use by conditions described on the Plat, in any recorded easement or agreement, this Declaration, or applicable law 18 "Owner" shall mean the recorded owner of a Lot, whether one or more persons or entities, but excluding those having such interest merely as security. A real estate contract purchaser shall be deemed the Owner 19 "Person" shall mean a natural person, a corporation, a partnership, trustee or other legal entity 20 "Plat" shall mean the plat of Cherie Lane, described on the first page of this Declaration, together with all requirements described or referenced therein 21 "Properties" shall mean the Real Property 22 "Sale" or "Sold" shall mean the date upon which ownership of a Lot is transferred from an Owner to another person or entity by recordation of an instrument of transfer such as a deed or real estate contract ARTICLE TWO Reserved ARTICLE THREE Management of Common Areas and Enforcement of Declaration Section One Development Period During the Development Period, the Association and the ACC, together with all Common Areas and all Neighborhood Services administered by the Association shall, for all purposes, be under the management and administration of the Developer or its assignees. During the development period,the Developer shall appoint the directors of the Association provided in the Bylaws, and may appoint any persons the Developer chooses as directors. At the Developer's sole discretion, the Developer may appoint members of the Association to such committees or positions in the Association as the Developer deems appropriate, to serve at the Developer's discretion and may assign such responsibilities, privileges and duties to the members as the Developer determines, for such time as the Developer determines. Members appointed by the Developer during the Development Period may be dismissed at the Developer's discretion Section Two Purpose of Development Period The Developer's control of the Association during the Development Period is established in order to ensure that the Properties and the Association will be adequately administered in the initial phases of development, to ensure an orderly transition of Association operations, and to facilitate the Developer's completion of construction of Housing Units DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE—2 • Section Three Authority of Association After Development Period At the expiration of Developer's management authority the Association shall have the authority and obligation to manage and administer the Common Areas, the Neighborhood Services, and to enforce this Declaration, Such authority shall include all authority provided for in the Association's Articles, Bylaws, rules and regulations and this Declaration, together'with other duties that may be assigned to the Association in any easement, agreement or on the Plat The Association shall also have the authority and obligation to manage and administer the activities of the ACC in its responsibilities as described in Article Ten, Section Five Section Four Delegation of Authority The Board of Directors or the Developer may delegate any of its managerial duties, powers, or functions to any person, firm, or corporation, The Board and the Developer shall not be liable for any breach of duty, negligence, omission, intentional act or improper exercise by a person who is delegated any duty, power or function by the Board of Directors or the Developer ARTICLE FOUR Membership Every person or entity who is an Owner of any Lot agrees to be a Member of the Association by acceptance of a deed for, or recordation of any other instrument signifying ownership of, such Lot. Membership may not be separated from ownership of any Lot. All Members shall have rights and duties as specified in this Declaration, and in the Articles and Bylaws of the Association ARTICLE FIVE Voting Rights Members shall be entitled to one vote for each Lot owned. No more than one vote shall be cast with respect to any Lot. The voting rights of any Member may be suspended as provided in the Declaration, or the Articles or Bylaws of the Association. Members'votes may be solicited and tabulated by means other than personal attendance at meetings, such as mail, electronic mail, or facsimile ARTICLE SIX Property Rights in Common Areas The Association shall have the right and obligation to maintain improvements, vegetation, signage and utilities in and on the Common Areas, subject to any restrictions delineated on the Plat of the Properties. The Association shall have the exclusive right to use and manage the Common Areas and any easements in which the Association holds an interest in a manner consistent with the Plat, this Declaration, the Articles and the Bylaws of the Association or in any easement During the Development Period, the Developer shall have the exclusive use of the Common Areas for the placement of structures, signs and materials related to the construction and marketing of homes on the Real Property, without compensation to the Association. The Board shall have the power, in addition to all other powers granted it by this Declaration, the Bylaws, applicable law and any easements, to grant additional easements or enter into agreements related to the Common Areas without further approval of the Members to the fullest extent permitted under law, as if the Board is the sole owner of the Common Areas ARTICLE SEVEN Maintenance and Common Expenses Section One Standard of Maintenance-Common Areas The Association shall maintain the DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE—3 Common Areas and any easements in which the Association holds an interest in a manner consistent with good building and nursery practices, in compliance with all applicable governmental codes, regulations, easements and agreements. The Association shall always have the responsibility to maintain the plat drainage facilities and emergency access roads unless those improvements are deeded or sold to a government agency that assumes the maintenance responsibility. Section Two Standard of Maintenance - Lots Each Lot Owner hereby covenants and agrees to maintain the Owner's respective Lot, and the Housing Unit located thereon in the same condition as a reasonably prudent homeowner would maintain the Owner's home so that the Real Property will reflect a high pride of ownership Unless otherwise specified on the Plat, each Lot Owner shall perform at the Lot Owner's expense the maintenance and upkeep of any drainage swales and/or underground drain lines and catch basins installed on the owner's Lot Section Three Remedies for Failure to Maintain If any Lot Owner shall fail to conduct maintenance on his Lot or the exterior of the Housing Unit located thereon, or fails to maintain the Lot and the exterior of the Housing Unit in the same condition as a reasonably prudent homeowner, or in a manner which preserves the drainage for other Lots, the Association shall notify the Lot Owner in writing of the maintenance required. If the maintenance is not performed within thirty (30) days of the date notice is delivered, the Association shall have the right to provide such maintenance, and to levy an assessment against the non-performing Lot Owner and the Lot for the cost of providing the maintenance. The assessment shall constitute a lien against the Lot owned by the non-performing Lot Owner and may be collected and foreclosed in the same manner as any other delinquent monthly or special assessment. The Association shall have all remedies for collection as provided in Article Nine of the Declaration. In the event that emergency repairs are needed to correct a condition on a Lot which poses a substantial risk of injury or significant property damage to others, the Association may immediately perform such repairs as may be necessary after the Association has attempted to give notice to the Lot Owner of the repairs necessary. Such notice in emergency circumstances shall be sufficient if attempted orally or in writing immediately prior to the Association's undertaking the necessary repairs. Emergency repairs performed by the Association, if not paid for by the Lot Owner, may be collected by the Association in the manner provided for herein notwithstanding the failure of the Association to give the Lot Owner the thirty(30)day notice Section Four Common Expenses The Association shall perform such work as is necessary to perform all Neighborhood Services, and to carry out all the duties described in this Declaration, the Plat, and in any easement or agreement made by the Association. The Association shall delegate the responsibility for management and supervision of such work to the Board, the ACC or to a manager or agent hired by the Board for the purpose of such management and supervision. Expenses for such work shall be paid by the Association for the benefit of all Lot Owners and shall be referred to as Common Expenses. The Common Expenses shall be paid by the Association from funds collected from assessments paid by Lot Owners. The Common Expenses shall include, but shall not be limited to,the following 1 The real and personal property taxes levied upon the Association for the Common Areas, 2 The cost of maintaining (a) insurance coverage for the Common Areas and (b) insurance coverage and fidelity bonds on any Common Areas, and for directors and officers of the Association and the ACC, DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE—4 3 The cost of maintaining, repairing, replacing, operating and leasing all Common Areas and their improvements (which Common Areas shall include any Wetlands, Sensitive Area or Open Space Tracts described on the plat which the Association owns or is designated as the party responsible for their maintenance and repair) Such costs include, but ai-e not limited to, stormwater detention facilities, landscaped entries, signs, lights, fences, walls, postal service boxes, easements, controlling vegetation, plantings and landscaping (if not maintained by applicable governmental jurisdiction) 4 Any other expense which shall be designated as a Common Expense in the plat of the Property, the Declaration, its Exhibits, the easements and the agreements of the Association, or from time to time are identified by the Association ARTICLE EIGHT Assessments Section One Types of Assessments Each Lot shall be subject to monthly or annual assessments or charges, and certain special assessments, in an amount to be determined by the Association, or by the Developer during the Development Period Section Two Determination of Amount The Board of Directors of the Association shall determine the amount of assessments necessary to pay Common Expenses. The amount of assessments may be increased or decreased periodically as may be necessary to provide for payment of the Common Expenses. • The amount of such assessments shall be equal for all Lots. There shall be no assessment for Lots owned by Developer or its assignees, without the consent of the Developer or the assignees. The Association may create and maintain from assessments reserve funds for replacement of Common Areas and their improvements. Written notice of all assessments shall be given to each Owner. If the Board fails to fix an assessment for a fiscal year, the prior assessment shall be automatically continued at the sum previously set by the Board until such time as the Board acts in the manner provided by RCW Chapter 64 38 (or any successor statute permitting automatic adjustments in the budget) Section Three Certificate of Payment The Association shall, upon written demand, furnish a certificate in writing setting forth whether the assessment on a specified Lot has been paid. A reasonable charge may be made for the issuance of the certificate. Such certificate shall be conclusive evidence of payment of any assessment stated to have been paid Section Four Special Assessments In addition to the assessments authorized above, the Association, by its Board of Directors may levy, in any year, a special assessment applicable to that year only, for the purpose of defraying the cost of any construction or reconstruction, unexpected repair or replacement of facilities in the Common Areas. However, the Developer and its assignees shall not be obligated to pay any special assessments on Lots owned by the Developer or its assignees. Assessments may be made based upon the estimated cost of such work, prior to the work's commencement, provided such estimate has been provided by a contractor retained by the Board for the purpose of such estimate. All special assessments for construction of new facilities or acquisition of new equipment, which are not for the upgrade, repair or replacement of existing improvements, shall require approval of two-thirds the Members Section Five Reserved Section Six Fines Treated as Special Assessments Any fines levied by the Association DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE—5 • pursuant to RCW Chapter 64 38 (or any successor statute authorizing the imposition of fines) shall be treated as a special assessment of the Owner fined, and may be collected by the Association in the manner described in Article Nine ARTICLE NINE Collection of Assessments Section One Lien - Personal Obligation All assessments, together with interest and the cost of collection shall be a continuing lien upon the Lot against which each such assessment is made. The lien shall have all the incidents of a mortgage on real property. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of the Lot at the time the assessment was due. No Owner may waive or otherwise avoid liability for assessments by non-use of the Common Areas or abandonment of the Lot Section Two Delinquency If any assessment is not paid within thirty(30)days after its due date, the assessment shall bear interest from said date at twelve percent (12%), or, in the event that twelve percent (12%) exceeds the maximum amount of interest that can be charged by law, then the highest permissible rate as provided for the law. A late charge of five percent (5%) of the amount overdue shall be charged for any payment more than ten (10) days past due. Each Member hereby expressly grants to the Association, or its agents, the authority to bring all actions against each Member personally for the collection of such assessments as a debt and to enforce lien rights of the Association by all methods for the enforcement of such liens, including foreclosure by an action brought in the name of the Association in a like manner as a mortgage of real property, and such Member hereby expressly grants to the Association the power of sale in connection with such liens. The liens provided for in this section shall be in favor of the Association, and shall be for the benefit of the Association The Association shall have the power to bid at a foreclosure sale and to acquire, hold, lease, mortgage and convey any Lot obtained by the Association. Section Three Suspension of Voting Rights In the event any Member shall be in arrears in the payment of the assessments due or shall be in default of the performance of any of the terms of the Articles and Bylaws of the Association, the rules or regulations adopted by the Association, or the Declaration for a period of thirty(30)days,the Member's right to vote shall be suspended and shall remain suspended until all payments are brought current and all defaults remedied. In addition, the Association shall have such other remedies against such delinquent Members as may be provided in the Articles, Bylaws or Declaration Section Four Commencement of Assessments The assessments may commence as to each Lot (except Lots owned by the Developer) upon the initial conveyance of the Lot after it is improved by construction of a single-family home. The first assessment on any Lot shall be adjusted according to the number of days remaining in the month. At the time of each initial sale, the Developer or the Developer's assignee who constructed the home on the Lot may collect from each Purchaser an amount equal to one year's assessment for the Association, to be placed in the Association's account. Any interest earned by the Association on assessments held by it shall be to the benefit of the Association Section Five Enforcement of Assessments The Board may take such action as is necessary, including the institution of legal proceedings, to enforce the provisions of this Article. In the event the Board begins an action to enforce any such rights, the prevailing party shall be entitled to its attorney's fees, costs and expenses incurred in the course of such enforcement action as provided in Article Seventeen, Section Five DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE—6 ARTICLE TEN Building, Use and Architectural Restrictions Section One Development Period The Developer hereby reserves the right to exercise any and all powers and controls herein given to the Board of Directors, the ACC or its authorized representative in this Article of the Declaration, during the Development Period. This reserved right shall automatically terminate at the end of the Development Period, or when the reserved right is relinquished to the Board of Directors or the ACC of the Association Section Two Authority of ACC After Development At the expiration of the Developer's management authority, the ACC shall have the authority and obligation to manage and administer the review of building plans, specifications and plot plans and such other submissions as described in Section Five herein, and to enforce these covenants, conditions and restrictions. Such authority shall include all authority provided for the ACC in the Association's Articles, Bylaws, Rules and Regulations, as initially adopted, or as amended, and all the authority granted to the ACC by this Declaration Section Three Delegation of Authority of ACC The ACC or the Developer may delegate any of its duties, powers, or functions described in this Article to any person, firm, or corporation Section Four Appointment of ACC After the Development Period, the Board shall appoint the members of the ACC. There shall be three members of the ACC, chosen in the manner described in the Articles and Bylaws of the Association. If the Board fails to appoint the members of the ACC, or the members of the ACC resign and no replacements assume the office, the Board shall act as the ACC until members of the ACC are appointed and take office. Section Five Approval by ACC Required Except as to construction, alteration, or improvements performed by the Developer, no construction activity of any type including clearing and grading, cutting or transplanting of significant natural vegetation may begin on a Lot or Common Area and no building, structure, fence or other improvement shall be erected, placed or altered on any Lot or Common Area until, at a minimum, the building plans, specifications, plot plans, and landscape plan showing the nature, kind, shape, height, materials, exterior color and location of such building, structure or other improvements have been submitted and approved in writing by the ACC or its authorized representative as to harmony of exterior design and location in relation to and its effect upon surrounding structures and topography. Further, no fences, hedges or walls shall be erected or altered and no significant exterior changes shall be made to any building including, but not limited to, exterior color changes, additions or alterations until such written approval shall have been obtained 1 Time Limits If the ACC or its authorized representative shall fait to notify the Owner of its action for a period of thirty(30) days following the date of the submission of the required information to the ACC, or its authorized representative, the Owner may proceed with the proposed work notwithstanding the lack of written approval by the ACC or its authorized representative. The required information shall be considered submitted to the ACC upon personal delivery of a complete set of all required information to the person designated to receive such items by the ACC, or by mail three days after deposit in the U S Mail, postage prepaid, certified, return receipt requested, to the ACC in care of the Board of Directors of the Association at the address designated in the most recent notice of assessment issued by the Board, or at such other address as is designated by the Board by written notice to the Members 2 Guidelines The ACC may adopt and amend, subject to approval by the DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE—7 board, written guidelines to be applied in its review of plans and specifications, in order to further the intent and purpose of this Declaration and any other covenants or restrictions covering Real Property. If such guidelines are adopted,they shall be available to all interested parties upon request 3 Meetings The ACC shall meet as is necessary to review any plans or specifications provided pursuant to this Section, and shall keep and maintain a record of all actions taken at meetings or otherwise 4 No Waiver Approval by the ACC of any plans, drawings or specifications shall not be a waiver of the right to withhold approval of any similar plan, drawing, specification or matter submitted for approval 5 Consultation The ACC may retain and consult persons or entities to assist in the evaluation of plans submitted to the Board for review 6 Appeals After the Development Period, the Board shall serve as an appellate panel to review decisions of the ACC upon request of a party aggrieved by the ACC's decision. The Board shall provide, through rules and regulations, aprocedure bywhich decisions of the ACC maybe appealed to the 9 9 PP Board. The Board may choose, in its discretion, to limit the scope of such appeals and provide time limitations for appeals to be made to the Board 7 Enforcement The ACC may recommend and request that the Board initiate legal proceedings to enforce the terms of these covenants or orders of the ACC. Legal proceedings may only be instituted, however, after approval of the Board 8 No Liability The ACC, its agents and consultants shall not be liable to the Association, its members, to any Owner or to any other person for any damage, loss or prejudice resulting from any action or failure to act on a matter submitted to the ACC for determination, or for failure of the ACC to approve any matter submitted to the ACC. The ACC shall not be liable for any damage, loss or prejudice resulting from any action by a person who is delegated a duty, power or function by the ACC 9 Fees The ACC may charge a fee for the review of any matter submitted to it. Any fee schedule adopted by the ACC must be approved by the Board Section Six Temporary Structures Prohibited No basement, tent, shack, garage, barn or other outbuilding or buildings or any structure of a temporary or moveable character erected or placed on the Properties shall at any time be used as living quarters except as specifically authorized by the ACC Section Seven Nuisances No noxious or undesirable thing, activity or use of any Lot in the Properties shall be permitted or maintained. If the ACC shall determine that a thing or use of property is undesirable or noxious, such determination shall be conclusive. The ACC may recommend and the Board may direct that steps be taken as is reasonably necessary, including the institution of legal action or the imposition of fines in the manner authorized by RCW Chapter 64 38, to abate any activity, remove anything • or terminate any use of property which is determined by the ACC or described in this Declaration to constitute a nuisance Section Eight Limitation on Animals No animal, livestock or poultry of any kind shall be DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE—8 • raised, bred or kept on any Lot, except cats, dogs, birds or fish may be kept if they are not kept, bred or maintained for any commercial purpose, and they shall not be kept in numbers or under conditions reasonably objectionable in a closely built-up residential community. Animals shall not be allowed to roam loose outside the limits of any Lot on which they are kept. Any dogs must be kept so as to minimize excessive noise from barking or otherwise shall be considered a nuisance according to the terms of this Declaration Section Nine Limitation on Signs No sign of any kind shall be displayed to public view on any Lot, except one sign, not to exceed 24 inches by 24 inches, advertising the Lot(where posted)for sale or rent by the Owner, or the Owner's agent. In addition to other rights reserved to the Developer in the Declaration, the Developer hereby reserves for itself so long as it owns any Lot, the right to maintain upon the property such signs as in the opinion of the Developer are required, convenient or incidental to the merchandising and sale of the Lots. All other signs except as described above shall only be displayed to public view after written approval of the ACC, its authorized representative, or the Developer Section Ten Completion of Construction Projects The work of construction of all building and structures shall be pursued diligently and continuously from commencement of construction until the structures are fully completed and painted. All structures shall be completed as to external appearance, including finish painting, within eight months of the date of commencement of construction, except such construction as is performed by the Developer or its assignees, which shall be exempt from the limitations contained in this Section. Front yard landscaping must be completed within 90 days of completion of a Housing Unit, and rear yard landscaping must be completed within one year of completion of a Housing Unit. Except with the approval of the ACC, no person shall reside on the premises of any lot until such time as the improvements to be erected thereon in accordance with the plans and specifications approved by the Board have been completed Section Eleven Unsightly Conditions No unsightly conditions shall be permitted to exist on any Lot. Unsightly conditions shall include, without limitation, laundry hanging or exposed in view for drying, litter, trash, Junk or other debris, inappropriate, broken or damaged furniture or plants, non-decorative gear, equipment, cans, bottles, ladders,trash barrels and other such items, and no awnings, air conditioning units, heat pumps or other projections shall be placed on the exterior walls of any Housing Unit unless prior written approval shall have been obtained from the ACC. Section Twelve Antennas. Satellite Reception Satellite dishes of no more than one meter in diameter or diagonal measurement are permitted on the Properties with ACC approval of the location of the satellite dish in the manner described in Article Ten, Section Five. Except as provided above, no radio or television antenna or transmitting tower or satellite dish shall be erected on the exterior of any home without approval of the ACC obtained pursuant to Article Ten, Section Five, and a showing by the Owner that such installation will be visually shielded from most of the view of the residents traveling upon streets located on the Properties • Section Thirteen Setbacks No building shall be located on any Lot nearer to the front lot line or nearer to the side street than the minimum building setback lines adopted by the governmental authority with jurisdiction over the Properties Section Fourteen Roofs Roofs on all buildings must be finished with materials approved for use by the ACC or its authorized representatives. More than one type of material may be approved DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE— 9 Section Fifteen Fences Walls In order to preserve the aesthetics of the Properties, no fence, wall or hedge shall be erected or placed on any Lot unless prior written approval has been obtained from the ACC. The design and color of any fence on the Properties, whether visible to the other Lots or not, shall be constructed and finished according to the standard fence detail, as such detail is initially designated by the Developer during the Development Period, and continued or modified by the ACC after the Development Period. If a standard fence detail is attached to this Declaration, such fence detail and any required color for a fence may be modified by the Developer, the ACC or the Board Section Sixteen Residential Use Only Home Businesses Limited Except for Developer's and its assignees' temporary sales offices and model homes, no Lot shall be used for other than one detached single-family dwelling with driveway parking for not more than three cars. A trade, craft business, business or commercial activity ("Home Business") may be conducted or carried on within any building located on a Lot, provided that any goods, materials or supplies used in connection with any trade, service or business, wherever the same may be conducted, be kept or stored inside any building on any Lot and that they not be visible from the exterior of the home, nor shall any goods, used for private purposes and not for trade or business be kept or stored outside any building on any Lot. The provisions of this Section shall permit such Home Businesses to the extent permitted by applicable zoning laws and other government laws, regulations, rules and ordinances. Nothing in this Section shall permit (1) the use of a Lot for a purpose which violates law, regulations, rules or applicable zoning codes, or (2) Home Business activities that cause a significant increase in neighborhood traffic, or (3) modification of the exterior of the home. The Association may, from time to time. promulgate rules restricting the activities of Home Businesses located on the Properties pursuant to the authority granted to the Association under these Covenants, the Bylaws, and RCW Chapter 64 38 Section Seventeen Underground Utilities Required Except for any facilities or equipment provided by the Developer, its assignees, or any utility, all electrical service, telephone lines and other outdoor utility lines shall be placed underground. Section Eighteen Limitation on Storage of Vehicles The Lots, Common Areas and/or streets located on the Properties shall not be used for the storage and/or overnight parking of any vehicle other than private family automobiles, non-commercial trucks and motorcycles. Boats, boat trailers, house trailers, campers, commercial trucks, trucks with a camper, or other recreational vehicles or similar object may not be stored and/or parked overnight on any part of the Lots, Common Areas and/or streets on the Properties. No inoperable vehicles of any kind shall be parked, stored, maintained, or constructed unless stored in a garage. Section Nineteen Enforcement The Association, or the Developer during the Development Period, may, but is not required to, take any action to enforce the provisions of the Declaration available to it under law, including but not limited to imposition of fines as authorized by RCW Chapter 64 38, specific performance, injunctive relief, and damages. Any Member may also enforce the terms of this Article (although a Member may not impose a fine as authorized by RCW Chapter 64 38), but the Member must first obtain an order from a court of competent Jurisdiction entitling the Member to relief. In the event that a • Member takes action to enforce the terms of this Article,the Association shall not be in any way obligated to Join in such action, or pay any of the attorney's fees, costs and expenses incurred in such action ARTICLE ELEVEN Easements Section One Easement for Encroachments Each Lot is, and the Common Areas are subject DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE— 10 to an easement for encroachments created by construction settlement and overhangs as designed or constructed by the Developer, and to a valid easement for encroachments and for maintenance of the same as long as the improvements remain. Section Two Easements on Exterior Lot Lines In addition to easements reserved on any plat of the Properties or shown by instrument of record, easements for utilities and drainage are reserved for the Developer or its assigns, over a five-foot wide strip along each side of the interior Lot lines, and seven feet over the rear and front of each Lot, and over, under, and on the Common Areas. Within all of the easements, no structure, planting or fill material shall be placed or permitted to remain which may, in the opinion of the Board or ACC, damage or interfere with the installation and maintenance of utilities, or which may obstruct or retard the flow of water through drainage channels and the easements The easement area of each Lot and all improvements within it shall be maintained continuously by the Owner of such Lot, except those improvements for which a public authority, utility company or the Association is responsible Section Three Association's Easement of Access The Association, the ACC, and its agents shall have an easement for access to each Lot and to the exterior of any building located thereon during reasonable hours as may be necessary for the following purposes (a) cleaning, maintenance, or repair of any home or Lot as provided in Article Seven, Section Three of this Declaration, (b) repair, replacement or improvement of any Common Area accessible from that Lot, (c) emergency repairs necessary to prevent damage to the Common Areas or to another Lot, or to the improvements thereon, (d) cleaning, maintenance, repair or restoration work which the Owner is required to do but has failed or refused to do, and (e) all acts necessary to enforce this Declaration Section Four Easement for Developer Developer shall have an easement across all Common Areas for ingress, egress, storage and placement of equipment and materials, and other actions necessary or related to the development or maintenance of the Real Property ARTICLE TWELVE Mortgage Protection Section One Mortgagees Notwithstanding and prevailing over any other provisions of the Declaration, the Association's Articles of Incorporation or Bylaws, or any rules, regulations or management agreements, the following provisions shall apply to and benefit each Institutional First Mortgagee ("Mortgagee") which holds a Mortgage given for the purpose of obtaining funds for the construction or purchase of a Housing Unit on any Lot or the improvement of any Lot Section Two Liability Limited The Mortgagee entitled to the protection hereof shall not in any case or manner be personally liable for the payment of any assessment or charge, nor for the observance or performance of any covenant, restriction, regulation, rule, Association Article of Incorporation or Bylaw, or management agreement, except for those matters which are enforceable by injunctive or other equitable relief, not requiring the payment of money, except as hereinafter provided Section Three Mortgagee's Rights During Foreclosure During the pendency of any proceeding to foreclose the Mortgage, the Mortgagee or the receiver, if any, may exercise any or all of the rights and privileges of the Owner of the mortgaged Lot, including but not limited to the right to vote as a Member of the Association to the exclusion of the Owner's exercise of such rights and privileges Section Four Acquisition of Lot by Mortgagee At such time as the Mortgagee shall become entitled to possession of the Lot, the Mortgagee shall be subject to all of the terms and conditions of the I DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE— 11 declaration, and the Articles, Bylaws, rules and regulations of the Association, including but not limited to the obligation to pay for all assessments and charges accruing thereafter, in the same manner as any Owner provided, however, the Mortgagee shall acquire the title to said Lot free and clear of any lien authorized by or arising out of any provisions of the Declaration which secure the payment of any assessment for charges accrued prior to the date the Mortgagee became entitled to possession of the Lot Section Five Reallocation of Unpaid Assessment If it is deemed necessary by the Association, any unpaid assessment against a Housing Unit foreclosed against may be treated as a common expense of other Lots. Any such unpaid assessment shall continue to exist as a personal obligation of the defaulting Owner of the respective Lot to the Association Section Six Subordination The liens for assessments provided for in this instrument shall be subordinate to the lien of any Mortgage, or other security interest placed upon a Lot or Housing Unit as a construction loan security interest or as a purchase price security interest, and the Association will, upon • demand, execute a written subordination document to confirm the particular superior security interest Section Seven Mortgagee's Rights Any Mortgagee shall have the right on request therefore to (a) inspect the books and records of the Association during normal business hours, (b) receive an annual audited financial statement of the association within (90) days following the end of any fiscal year; and (c) receive written notice of all meetings of the Association and designate a representative to attend all such meeting Section Eight Limitation on Abandonment of Common Areas The Association shall not, without the prior written approval of sixty-seven percent(67%)•of the Mortgagees, seek to abandon the Common Areas for reasons other than substantial destruction or condemnation of the property. Such abandonment of all or a portion of the Common Areas shall require approval of the City of Renton. Section Nine Notice If such notice has been requested in writing, Mortgagees shall be entitled to timely written notice of(a) substantial damage or destruction of any Housing Unit or any part of the Common Areas or facilities, (b) any condemnation or eminent domain proceedings involving any Housing Units or any portion of Common Areas or facilities, (c) any default under this Declaration or the Articles, Bylaws or rules and regulations of the Association by an Owner of any Housing Unit on which it holds the mortgage which is not cured within thirty (30) days, (d) any sixty (60) day delinquency in the payment of assessments or charges owed by the Owner of any Housing Unit on which it holds the mortgage, (e) ten (10) days' prior written notice of any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association, and (f) any proposed action that requires the consent of a specific percentage of Mortgagees ARTICLE THIRTEEN Management Contracts Each Member hereby agrees that the Association and the ACC may enter into agreements for the performance of any or all of the functions of the Association and the ACC with such persons or entities as the Association deems appropriate, however, any agreement for professional management of the Properties, or any other contract providing for services by the Developer must provide for termination by either party without cause after reasonable notice ARTICLE FOURTEEN Insurance DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE— 12 • Section One Coverage The Association may purchase as a Common Area Expense and shall have authority to and may obtain insurance for the Common Areas against loss or damage by fire or other hazards in an amount sufficient to cover the full replacement value in the event of damage or destruction. It may also obtain a comprehensive public liability policy covering the Common Areas. The comprehensive public liability coverage shall be in an amount to be determined by the Association. It may also obtain insurance to cover the Board, the ACC, its agents and employees from any action brought against them arising out of actions taken in furtherance of the Association's duties under this Declaration Following the Development Period, all such insurance coverage shall be written in the name of the Association as trustee for each of the Members of the Association. The Association shall review the adequacy of the Association's insurance coverage at least annually. All policies shall include a standard mortgagee's clause and shall provide that they may not be canceled or substantially modified (including cancellation for nonpayment of premium) without at least ten (10) days prior written notice to any and all insured named therein, including Owners and Institutional First Mortgagees that have requested notice Section Two Replacement, Repair After Loss In the event of the damage or destruction of the Common Areas covered by insurance written in the name of the Association, the Association may, upon receipt of the insurance proceeds, and to the extent of such proceeds contract to rebuild or repair such damaged or destroyed portions of the Common Areas to as good a condition as they were when the loss occurred, provided, however, that the Association's election not to rebuild the Common Areas shall require the approval of two-thirds(2/3) of the members of the Association The Association may in its sole discretion contract with any contractor for reconstruction or rebuilding of such destroyed portions of the Common Areas ARTICLE FIFTEEN Rules and Regulations During the Development Period the Developer may adopt rules and regulations governing the use of the Properties and the personal conduct of the Members and their guests, and to establish penalties for the infraction thereof After the Development Period, the Association and/or its Board of Directors is hereby authorized and empowered to adopt rules and regulations governing the use of the Properties and the personal conduct of the Members and their guests thereon, and to establish penalties for the infraction thereof, in the manner described by RCW Chapter 64 38, the Bylaws and any resolutions passed by the Board. All Lot Owners shall be given written notice of the rules and regulations in the manner required by RCW Chapter 64 38 • ARTICLE SIXTEEN Remedies and Waiver Section One Remedies Not Limited The remedies provided herein, including those for collection of any assessment or other change or claim against any Member, for and on behalf of the Association, the ACC, or Developer, are in addition to, and not in limitation of, any other remedies provided by law Section Two No Waiver The failure of the Association, the ACC, the Developer or of any of their duly authorized agents or any of the Owners to insist upon the strict performance of or compliance with the Declaration or any of the Articles, Bylaws or rules or regulations of the Association, or to exercise any right or option contained therein, or to serve any notice or to institute any action or summary proceedings, shall • not be construed as a waiver or relinquishment of such right for the future, but such right to enforce any of the provisions of the Declaration or of the Articles, Bylaws or rules or DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE— 13 • regulations of the Association shall continue and remain in full force and effect. No waiver of any provision of the Declaration or of the Articles, Bylaws, rules or regulations of the Association shall be deemed to have been made, either expressly or implied, unless such waiver shall be in writing and signed by the Board of Directors of the Association pursuant to authority contained in a resolution of the Board of Directors ARTICLE SEVENTEEN General Provisions Section One Singular and Plural The singular wherever used herein shall be construed to mean the plural when applicable, and the necessary grammatical changes required to make the provisions hereof apply either to corporations or individuals, men or women, shall in all cases be assumed as though in each case fully expressed Section Two Severability The invalidity of any one or more phrases, •sentences, clauses, paragraphs or sections hereof shall not affect the remaining portions of this Declaration or any part hereof, all of which are inserted conditionally on their being held valid in law and in the event that one or more of the phrases, sentences, clauses, paragraphs or sections contained herein should be invalid, this Declaration shall be construed as if such invalid phrase, sentence, clause, paragraph, or section had not been inserted Section Three Duration These covenants, restrictions, reservations and conditions shall remain in full force and effect for a period of twenty (20)years from the date hereof. Thereafter, they shall be deemed to have been renewed for successive terms of ten (10) years, unless revoked or amended as herein provided • Section Four Attorney's Fees. Costs and Expenses In the event the Association or a Member employs an attorney to enforce any provision of the Declaration, the Articles, Bylaws of the Association, or rules and regulations adopted by the Association, the prevailing party in any action for enforcement shall be entitled to the award of reasonable attorney's fees, costs and all expenses incurred in the action, whether determined by judgment, arbitration or settlement. Section Five Method of Notice Any notice required by the Declaration or the Articles or Bylaws of the Association or the rules and regulations adopted by the Association shall be deemed properly given when personally delivered, deposited in the United States mail, postage prepaid, or when transmitted and received by facsimile. The association may adopt other methods for providing notice by resolution of the Board, provided that the methods adopted are reasonably calculated to provide actual notice to the recipients of the notice Section Six Enforcement of Declaration This Declaration may be enforced by the Association, the Developer or the Owner of any lot. Such enforcement may include the institution of legal proceedings to enforce compliance with or specific performance of any of the covenants or restrictions contained in this • Declaration, rules and regulations adopted by the Association, or the provisions of the Articles or Bylaws of • the Association Section Seven Successors and Assigns This Declaration binds and is for the benefit of the heirs, successors and assigns of Declarant,the Developer, the Members and the Owners Section Eight Exhibits All exhibits referred to in this Declaration are incorporated within the Declaration DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE— 14 1 , ARTICLE EIGHTEEN Amendment and Revocation Section One Exclusive Method This instrument may be amended, and partially or completely revoked only as herein provided or otherwise provided by law Section Two Amendment by Developer During the Development Period,the Developer may amend this instrument to comply with the requirements of the Federal National Mortgage Association, Government National Mortgage Association, Veterans Administration or Federal Home Loan Mortgage Corporation by recording an acknowledged document setting forth specifically the provisions amending this instrument Section Three Voting This Declaration may be amended at any annual meeting of the Association, or at a special meeting called for such purpose, if sixty-seven percent (67%) or more of the Owners vote for such amendment, or without such meeting if all Owners are notified in writing of such amendment, and if sixty-seven percent (67%) or more of the Owners vote for such amendment by written ballot. Notice of any proposed amendment shall be given to all Owners not less than ten (10) days prior to the date of the annual meeting or of any special meeting at which the proposed amendment shall be considered. Notwithstanding any of the foregoing, fifty-one percent(51%)of all Institutional First Mortgagees who have given notice to the Association requesting notification of amendments must give prior written approval to any material amendment to the Declaration or Bylaws, including any of the following (1) voting rights, (2) assessments, assessment liens and subordination of such liens, (3) reserves for maintenance, repair and replacement of Common Areas, (4) insurance or fidelity bonds, (5) responsibility for maintenance and repair, (6) contraction of the project or the withdrawal of property from the Properties, (7) leasing of Housing Units other than as set forth herein, (8) imposition of any restrictions on the right of an Owner to sell or transfer a Lot, (9) restoration or repair(after hazard damage or partial condemnation) in a manner other than that specified in this Declaration, (10) any action to terminate the legal status of the Properties after substantial destruction or condemnation occurs, or (11) any provisions which are for the express benefit of Institutional First Mortgagees. However, there shall be no amendment to Article 2 Section Two regarding maintenance of the drainage facilities and emergency access road,without the prior written permission of the City Section Four Effective Date Amendments shall take effect only upon recording with the Recorder or Auditor of the county in which this Declaration is recorded Section Five Protection of Developer For such time as Developer or its assignees shall own any Lot located in the Properties there shall be no amendments to the Declaration, the Articles of Incorporation, the Bylaws of the Association, or any Rules and Regulations adopted by the Association which (1) discriminate or tend to discriminate against the Developer's rights, (2) change Article I in a manner that alters the Developer's right or status, (3) alter the character and rights of membership or the rights of the Developer as set forth in Article III, (4) alter its rights as set forth in Article X relating to architectural controls, (5) alter the basis for assessments, or the Developer's exemption from assessments, (6) alter the number or selection of Directors as established in the Bylaws, or(7)alter the Developer's rights as they appear under this Article DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE— 15