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Return Address:
City� CXerlct's Office
-city of Renton 2003 II
0905000019
10_55 S. Grady Way CAGE 003RENTO iDPC 49.00
OF Renton WA 98055 09/05/200309l:02
KING•
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RECORDED AT THE REQUEST OF
AND WHEN RECORDED RETURN TO:
City Clerk's Office
City of Renton
1055 S. Grady Way
Renton WA 98055
DECLARATION AND COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
THE PLAT OF HIGHPOINTFi fi
Grantor: KBS DEVELOPMENT CORPORATION, a Washington
Corporation
Grantee: Homeowners in the Plat of HIGHPOINTE DIVISION II
Legal Description: Lots 1 through 12, Tract A, and Tract B, according to the
Plat thereof, Recorded in Volume of Plats, Pages2,
throughj/ , King County, Washington,.
Assessor's Tax Parcel No: Tax Parcel No. for the entire plat prior to segregation of
taxes to individual lots: 042305-9223
Reference Nos. of Document
Released/Assigned/Amended: NA
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TABLE OF CONTENTS
Page
ARTICLE 1 DEFINITIONS 1
1.1 Words Defined 1
1.2 Form of Words 3
ARTICLE 2 PLAN OF DEVELOPMENT 3
2.1 Development of Property 3
2.2 Interest Subject to Plan of Development 4
ARTICLE 3 COMMON AREAS 4
3.1 "Common Areas" and "Common Area Improvements" 4
3.2 Conveyance of Common Area 4
3.3 Association to Maintain Common Areas 4
3.4 Alteration of Common Areas 4
3.5 Public Areas 4
ARTICLE 4 PRIVATE EASEMENTS AND OTHER EASEMENTS 5
4.1 Private Easements 5
ARTICLE 5 CONSTRUCTION ON LOTS AND USE OF LOTS 6
5.1 Permitted Structures 6
5.2 Uniformity of Use and Appearance 6
5.3 Submission of Plans 6
5.4 Construction 7
5.5 Minimum Size 7
5.6 Building Laws 7
5.7 Use Restrictions 8
5.8 Variances 11
ARTICLE 6 DEBAR HOME OWNERS ASSOCIATION 11
6.1 Organization 11
6.2 Board of Directors 11
6.3 Qualification for Membership 12
6.4 Transfer of Membership 12
6.5 Number of Votes 12
6.6 Voting 12
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6.7 Pledged Votes 12
6.8 Annual and Special Meetings 13
6.9 Books and Records 13
6.10 Transition Date 13
ARTICLE 7 NOTICES FOR ALL PURPOSES 14
ARTICLE 8 AUTHORITY OF THE BOARD 14
8.1 Adoption of Rules and Regulations 14
8.2 Enforcement of Declaration, Etc 14
8.3 Goods and Services 14
8.4 Protection of Common Areas 15
ARTICLE 9 BUDGET AND ASSESSMENT FOR COMMON EXPENSES 15
9.1 Fiscal Year;Preparation of Budget 15
9.2 Certificate of Unpaid Assessments 15
9.3 Date of Commencement of Annual Assessments 16
ARTICLE 10 LIEN AND COLLECTION OF ASSESSMENTS 16
10.1 Assessments Are a Lien;Priority 16
10.2 Lien May Be Foreclosed 16
10.3 Assessments Are Personal Obligations 16
10.4 Late Charges and Interest on Delinquent Assessments 17
10.5 Recovery of Attorneys' Fees and Costs 17
10.6 Remedies Cumulative 17
ARTICLE 11 FAILURE OF BOARD TO INSIST ON STRICT PERFORMANCE NO
WAIVER 17
ARTICLE 12 LIMITATION OF LIABILITY 17
ARTICLE 13 INDEMNIFICATION 18
ARTICLE 14 INSURANCE 18
ARTICLE 15 DAMAGE AND REPAIR OF DAMAGE TO PROPERTY 18
ARTICLE 16 AMENDMENTS OF DECLARATION 19
16.1 Amendments of Declarant 19
16.2 Amendments by Association 19
16.3 Amendments to Article 3 20
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ARTICLE 17 ANNEXATION AND SUBDIVISION 20
ARTICLE 18 DURATION 20
ARTICLE 19 SEVERABILITY 20
ARTICLE 20 EFFECTIVE DATE 21
ARTICLE 21 ASSIGNMENT BY DECLARANT 21
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DECLARATION AND COVENANTS, CONDITIZRND RESTRICTIONS FOR
THE PLAT OF HIGHPOINTE "/
COMMONLY KNOWN AS GREENFIELD II
THIS DECLARATION AND OVENANTS, CONDITIONS AND RESTRICTIONS
FOR THE PLAT OF HIGHPOINTE r (, COMMONLY KNOWN AS GREENFIELD II,
dated as of August , 2003, is made by KBS DEVELOPMENT CORPORATION., a
Washington corporation("Declarant"), with reference to the following lots:
Declarant is the owner of certain real property commonly known as the south 470
feet of the west 470 feet of the southwest quarter of the southeast quarter of the southeast
quarter of Section 4, Township 23 north, Range 5 east. Willamette Meridian, in King
County, Washington: EXCEPT the west 241 feet of the south 225 feet thereof: And
EXCEPT the south 30 feet thereof for road, located within the City of Renton, King
County, Washington, and officially known as the Plat of HIGHPOINTE
DIVISION II, recorded in Volume of Plats, Pages _through , in King
County, Washington (the "Property").
The Property consists of Lots 1 through 12, Tract A, and Tract B of the Plat of
HIGHPOINTE DIVISION II, legally described in Exhibit A hereto and depicted in the final plat
(the"Plat") recorded 9— s - , 2003, in Volume,a,G of Plats, pages-fig through 3/ inclusive,
King County, Washington, under King County Auditor's No. 2003 ® 9 ens co 000/$
Declarant makes this Declaration, and subjects the Property to this Declaration, to create
a home owners association, to provide for the ownership, maintenance and preservation of the
common areas, the common area improvements and the private easements, and to address other
matters related to ownership of the Property.
NOW, THEREFORE, Declarant declares that all of the Property described in Exhibit A
shall be held, transferred, sold, conveyed, leased, used and occupied subject to the covenants,
conditions and restrictions hereinafter set forth which are for the purpose of protecting the value
and desirability of, and which shall touch, concern and run with title to,the real property
subjected to this Declaration and which shall be binding on all parties having any right, title or
interest in the described property or any portion thereof, and their respective heirs, successors
and assigns, and shall inure to the benefit of each owner thereof.
ARTICLE 1
DEFINITIONS
1.1 Words Defined
For the purposes of this Declaration and any amendments hereto, the following terms
shall have the following meanings and all definitions shall be applicable to the singular and
plural forms of such terms:
a) "Association" shall mean the Highpointe II Home Owners Association described
in Article 6 of this Declaration, its successors and assigns.
b) "Board" shall mean the board of directors of the Association.
c) "Common Area"and "Common Area Improvements" shall mean all real and
personal property now or hereafter owned by the Association for the common use and enjoyment
of the Owners. The Common Areas may include parks, open space, private storm drainage
easements, sidewalks, street trees and street lighting, if any, planted landscape features, water
fountains, signage and any other areas owned by the Association and designated as Common
Areas by Declarant. The Common Areas to be owned by the Association at the time of
conveyance of the first Lot to an Owner other than Declarant are described herein and depicted
on the Plat.
d) "Construction" and "Constructed" shall mean any construction, reconstruction,
erection or alteration of an improvement on a Lot, except wholly interior alterations to a then-
existing Structure.
e) "Declarant" shall have the meaning given to that term in the first paragraph
above.
1) "Declaration" shall mean this Declaration and Covenants, Conditions and
Restrictions for the Plat of HIGHPOINTE DIVISION II, as it may be amended from time to
time.
g) "First Mortgage" and "First Mortgagee" shall mean, respectively: (a) a
recorded Mortgage on a Lot that has legal priority over all other Mortgages thereon; and (b)the
holder of a first mortgage. For purposes of determining the percentage of First Mortgagees
approving a proposed decision or course of action in cases where a Mortgagee holds First
Mortgages on more than one Lot, such Mortgagee shall be deemed a separate Mortgagee for
each such First Mortgage so held.
h) "Lot" shall mean any one of Lots 1 through 12 as shown in the Plat,together with
the structures and improvements, if any, thereon.
i) "Mortgage" shall mean a recorded mortgage or deed of trust that creates a lien
against a Lot and shall also mean a real estate contract for the sale of a Lot.
j) "Mortgagee" shall mean the beneficial owner, or the designee of the beneficial
owner, of an encumbrance on a Lot created by a mortgage or deed of trust and shall also mean
the vendor, or the designee of a vendor, of a real estate contract for the sale of a Lot.
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k) "Owner" shall mean the record owner, whether one or more Persons, of fee
simple title to a Lot, including a contract seller except those having such interest merely for the
performance of an obligation.
1) "Person" shall mean an individual, corporation, partnership, association, trust or
other legal entity.
m) "Plans" shall have the meaning given to such term in Section 5.3.
n) "Plat" shall mean the final plat recorded `/—s— , 2003, in Volume al t of Plats,
pages,)q through3 ( inclusive, King County, Washington, under King County Recording No.
2003 Dq 05-0 O 00 9
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o) "Private Easements" shall mean the private drainage easements, access
easements, and utility easements as described in the Plat and further described in Article 4, not
dedicated to the public.
p) "Property" shall mean the land described on Exhibit A, together with all
improvements thereon.
(I) "Structure" shall mean any residence, accessory building, fence, wall, driveway,
walkway, patio, deck, swimming pool or the like constructed on a Lot.
r) "Transition Date" shall have the meaning given to such term in Section 6.10.
1.2 Form of Words
The singular form of words shall include the plural and the plural shall include the
singular. Masculine, feminine and neuter pronouns shall be used interchangeably.
ARTICLE 2
PLAN OF DEVELOPMENT
2.1 Development of Property
One (1) single-family residence may be constructed on each of the Lots. The Property
also includes a parcel of land designated on the Plat as Tract A, and which is designated as a
storm pond serving the Plat. All Lots are hereby restricted exclusively to single-family
residential use and shall be subject to the standards and restrictions set forth in Article 5 hereof.
Declarant shall have the right, but not the obligation, for so long as Declarant owns any Lot and
Tract A,to make improvements and changes to the private easements described on the Plat for:
(i)the installation and maintenance of any improvements; and (ii)the installation and
maintenance of any other utilities systems and facilities.
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2.2 Interest Subject to Plan of Development
Every purchaser of a Lot within the Property shall purchase such interest and every
Mortgagee and lien holder holding an interest therein shall take title, or hold such security
interest with respect thereto, with notice of Declarant's plan of development as herein set forth.
Any provision of this Declaration to the contrary notwithstanding, the provisions of the
foregoing plan of development as set forth in this Article 2 may not be abrogated, modified,
rescinded, supplemented or amended in whole or in part without the prior written consent of
Declarant or its successors and assigns as defined in Articles 6 and 21 of this Declaration.
ARTICLE 3
COMMON AREAS
3.1 "Common Areas" and "Common Area Improvements"
"Common Areas" and "Common Area Improvements" include specifically, Tract A as
depicted in the Plat and identified as a storm pond, Tract B as depicted in the Plat and identified
as an open space Tract, and any street trees and planter islands. Common Areas shall be owned
by the Association.
3.2 Ownership of Tract A
Ownership and maintenance of Tract A will be the responsibility of the Association.
3.3 Association to Maintain Common Areas
The Association shall have the right and the obligation to maintain and repair the
Common Areas, except as set forth herein or on the Plat.
3.4 Alteration of Common Areas
Nothing shall be altered or constructed upon or removed from the Common Areas, except
upon the prior written consent of the Board.
Specifically with respect to Tract A, the Association may install landscaping and may
also maintain the storm detention facilities within this tract. The right of entry to effect such
rights shall apply to the agents, representatives and employees of the Association or subsequent
owners of Tract A. The Association shall be responsible for the cost of maintenance, repair, and
reconstruction of all improvements within this tract.
3.5 Public Areas
Any public areas and dedicated areas within the Property shall be subject to all
ordinances, rules and regulations of the appropriate governmental agencies with jurisdiction.
3.6 Ownership of Tract B
Ownership and maintenance of Tract B will be the responsibility of the Association.
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ARTICLE 4
PRIVATE EASEMENTS AND OTHER EASEMENTS
4.1 Private Easements
All the private easements shown on the Plat and described below, shall be owned,
operated and maintained by the Association.
a) 26' Private Road Easement over 6,7,8,9, and 12
The 26-foot private road easement established by and delineated in the Plat over the
portions of lots 6,7,8,9, and 12 is for the benefit of lots 9,10,11, and 12 only. The owners of
Lots 9,10,11, and 12 shall be equally responsible for the cost of maintenance, repair and
reconstruction of that portion of the private road easement used in common.
b) 26' Private Road Easement over Lots 1,2,3,and 8
The 26' private road easement established by and delineated in the Plat over a portion of
Lots 1,2,3, and 8 is for the benefit of lots 1,2, and 8 only. The owners of Lots 1,2, and 8 shall be
equally responsible for the cost of maintenance, repair and reconstruction of that portion of the
storm drainage system used in common.
c) Seattle City Light
The 200-foot easement established by and delineated in the Plat over a portion of Lots 1
through 8, and Tract A is for the benefit of Seattle City Light only.
d) Olympic Petroleum Pipeline
The 25-foot Olympic Petroleum Pipeline easement established by and delineated in the
Plat over a portion of Lot 1 through 7 is for the benefit of Olympic Pipeline only.
e) Utility Easements
Various easements are reserved under and across the exterior ten(10)feet parallel with
and adjoining the public and private street frontages of all Lots and Tract A, including 10-feet
parallel and adjoining the East side of the 26-foot emergency fire and secondary access easement
along the frontage of lots 1,2,and 3,together with 22-feet under and across the Eastern portion of
lots 6 and 7 as described and delineated on the Plat and applicable laws, ordinances and other
governmental rules and regulations for utility installation and maintenance, including but not
limited to, water system, storm drainage system, sanitary sewer system, conduits, cable , pipeline
and wires with necessary appurtenances, facilities and other equipment for the purpose of service
to the Plat and other property with electric, telephone, gas, and cable TV service, together with
the right to enter upon the easements at all times to install, operate and maintain such facilities.
f) City of Renton Utility Easement
The Plat delineates a utility easement, 10 feet in width across the Westerly portion of
Tract A, and the Westerly portion of Lots 3,4, and 5.
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g) Sidewalk Easement
The Plat dedicates and conveys to the City of Renton, its successors and assigns, an
easement under and across the exterior two feet parallel with and adjoining the public street
frontage of Tract A and Lots 3,4,5,6,7, and 8 for the installation and construction of sidewalks,
together with the right to enter upon the easements at all times for the purposes stated. No
structures shall be constructed within these easements.
ARTICLE 5
CONSTRUCTION ON LOTS AND USE OF LOTS
5.1 Permitted Structures
No Structure of any kind shall be constructed, altered, added to or maintained upon any
Lot or any other part of the Property, except: (a) improvements or structures which are
constructed by Declarant or its agents or assigns; (b) such structures as are approved by the
Board in accordance with this Article 5; or(c) structures which pursuant to this Article 5 do not
require consent of the Board.
5.2 Uniformity of Use and Appearance
One of the purposes of this Declaration is to assure throughout the Property a uniformity
of use and quality of (i)workmanship; (ii) materials; (iii) design; (iv) maintenance; and (v)
location of structures with respect to topography and finish grade elevation. It is in the best
interests of each Owner that such uniformity of use and quality be maintained as hereinafter
provided. No building(except for accessory structures) shall be erected, altered, placed or
permitted to remain on any Lot other than one single family dwelling. Accessory structures,
including storage buildings, are permitted to the extent allowed by the requirements of this
Article 5. Notwithstanding anything herein set forth,the Construction of any Structure shall
comply with the more restrictive of either(i)the terms and conditions of this Declaration or(ii)
the laws, codes, ordinances and regulations of any governmental entity having jurisdiction.
5.3 Submission of Plans
At least twenty(20) days before commencing Construction of any Structure on any Lot,
the Owner shall submit to the Board two(2) complete sets of detailed building, surface water
run-off control and landscaping plans and specifications and a site plan showing the location of
all proposed Structures(the plans, specifications and site plans are individually and collectively
referred to herein as the"Plans"). The Plans shall be submitted in a form satisfactory to the
Board, which may withhold its approval by reason of its reasonable dissatisfaction with the
location of the Structure on the Lot, color scheme, finish, architecture, height impact on view
from another Lot or Lots, appropriateness of the proposed Structure, materials used therein, or
because of its reasonable dissatisfaction with any other matter which, in the reasonable judgment
of the Board, would render the proposed Structure out of harmony with the general plan of
development of the Property or other Structures nearby. The Board's approval or disapproval of
Plans shall be in writing and approval shall be evidenced by written endorsement on such Plans,
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one copy of which shall be delivered to the Owner of the Lot upon which the Structure is to be
Constructed. In any judicial action to enforce the Board's decision the losing party shall pay the
prevailing party's attorney's fees and costs including those incurred in connection with any
appeal.
5.4 Construction
No Structure shall be Constructed or caused to be Constructed on any Lot unless the
Plans for the Structure, including landscaping, have been approved in writing by the Board. The
Board's review and approval or disapproval of the Plans on the basis of cost, aesthetic design,
harmony with previously approved Structures on or about other Lots in the Property, location, or
consistency with this Declaration shall be absolute and enforceable in any court of competent
jurisdiction. THE BOARD'S APPROVAL OF ANY PLANS, HOWEVER, SHALL NOT
CONSTITUTE ANY WARRANTY OR REPRESENTATION WHATSOEVER BY THE
BOARD OR ANY OF ITS MEMBERS THAT SUCH PLANS WERE EXAMINED OR
APPROVED FOR ENGINEERING OR STRUCTURAL INTEGRITY OR SUFFICIENCY OR
COMPLIANCE WITH APPLICABLE GOVERNMENTAL LAWS, CODES, ORDINANCES
AND REGULATIONS, AND EACH OWNER HEREBY RELEASES ANY AND ALL
CLAIMS OR POSSIBLE CLAIMS AGAINST THE BOARD OR ANY OF THEM, AND
THEIR HEIRS, SUCCESSORS AND ASSIGNS, OF ANY NATURE WHATSOEVER
BASED UPON ENGINEERING OR STRUCTURAL INTEGRITY OR SUFFICIENCY OR
COMPLIANCE WITH APPLICABLE GOVERNMENTAL LAWS, CODES, ORDINANCES
OR REGULATIONS.
5.5 Minimum Size
a) Floor Area
The floor area of the main house constructed on any Lot, exclusive of open porches and
garages, shall be not less than: (a) 1,500 square feet for a dwelling containing a single level; and
(b) 1,800 square feet for a dwelling containing two levels. The Board shall have the discretion to
reduce minimum floor area requirements upon a showing of topographical or other physical
constraints which limit buildable area.
b) Lot Size
No Lot or portion of a Lot in this Plat shall be divided and sold or resold, or ownership
changed or transferred, whereby the ownership of any portion of this Plat shall be less than the
area required for the use district in which the Lot is located.
5.6 Building Laws
All buildings or Structures shall be constructed in accordance with all applicable laws
and regulations of King County, Washington,the City of Renton, Washington, and any other
applicable codes.
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5.7 Use Restrictions
a) Residential Use
The dwellings within the Structures are intended for, and restricted to, use as single
family residences only, on an ownership, rental or lease basis, and for social, recreational or
other reasonable activities normally incident to such use. The dwellings may also be used for
home business activities that do not involve signs, retail sales, frequent visits by customers,
clients or non-resident employees, or other activities that would detract from the residential
character of the Property. In addition to the foregoing, Declarant may use dwellings it owns as
sales offices and models for sales of other Lots.
b) Maintenance of Buildings and Lots
Each Owner shall, at the Owner's sole expense, keep the interior and exterior of the
Structure on the Owner's Lot, as well as the Lot, in a clean and sanitary condition, free of
rodents and pests, and in good order, condition and repair, and shall do all redecorating, painting,
landscaping and maintenance at any time necessary to maintain the appearance and condition of
the Structure and the Lot.
c) Completion of Construction
Any Structure erected or placed on any Lot shall be completed as to external appearance
within nine (9) months from the date Construction is started. However, with good cause shown,
the Board may extend this term. All yards and landscaping must be completed no later than
thirty(30) days after the date of occupancy of the Structure. However, with good cause shown,
the Board may extend this term. All Lots shall be maintained in a neat and orderly condition
during Construction.
d) Signs
No sign of any kind shall be displayed to public view on or from any Lot without the
prior written consent of the Board, except for"For Rent" or"For Sale" signs in a form, and for a
period of time, not prohibited by any rules and regulations of the Board. This Section shall not
apply to the Declarant.
e) Animals
Animals, including horses, livestock, poultry, reptiles and pigs, shall not be kept on any
Lot, except that household pets not exceeding three(3)in number may be kept on a Lot. All
animal enclosures must be kept in a clean, neat and odor-free condition at all times. All animals
must be kept outside of the building setback areas. The Board may at any time require the
removal of any pet which it finds is disturbing other Owners or tenants unreasonably, in the
Board's determination, and may exercise this authority for specific pets even though other pets
are permitted to remain. Notwithstanding anything set forth herein, all Owners shall comply
with all applicable governmental laws, codes, ordinances and regulations pertaining to animals.
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t) Temporary Structures
No Structure of a temporary character,trailer, tent, shack, garage, barn or other
outbuilding shall be installed, placed or used on any Lot as a residence, either temporarily or
permanently.
g) Clothes Lines
No washing, rugs, clothing, apparel or any other article shall be hung from the exterior of
any Structure or on a Lot so as to be visible from the streets and roadways adjoining the Lots.
h) Radio and Television Aerials
Normal and customary television antennas, radio aerial and satellite receiving dishes of
less than 20 inches in diameter, in all cases designed for residential neighborhood use, shall be
allowed to be erected or placed on any Lot so long as no part of such equipment is more than six
(6)feet in height above the highest point (exclusive of chimneys) on the Structure upon which it
is erected. No rotary beams, separate towers or other similar devices shall be Constructed on.any
Lot without the written approval of the Board. Except as installed by Declarant, no other
satellite receiving dishes or other such electronic receiving devices shall be located on any Lot in
a location that is visible from the adjoining homes, without the prior written approval of the
Board.
i) Trash Containers and Debris
All trash shall be placed in sanitary containers either buried or screened so as not to be
visible from adjoining Structures or streets or roadways. No Lot or any portion thereof shall be
used as a dumping ground for trash or rubbish of any kind. Yard rakings, dirt and debris
resulting from landscaping work or Construction shall not be dumped onto adjoining Lots or
streets or roadways. Compost piles may be kept upon the Lots provided they are kept in a clean,
neat and sanitary condition and comply with any rules and regulations of the Board.
j) Offensive Activity
Except as otherwise provided in Section 5.7(a), no trade, craft, business, profession,
commercial or manufacturing enterprise or business or commercial activity of any kind,
including day schools, nurseries or church schools, shall be conducted or permitted on any Lot,
nor shall goods, equipment, vehicles or materials used in connection therewith, be kept, parked,
stored, dismantled or repaired outside of any Lot or on any street within the Property. No
noxious or offensive activity, including but not limited to the creation of excess levels of noise,
shall be carried on in any Lot, nor shall anything be done therein which may be or become an
annoyance or nuisance to other Owners or tenants.
k) Setbacks
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All Structures shall comply with all applicable governmental laws, codes, ordinances and
regulations pertaining to setbacks. No building foundations are allowed beyond the required
setback line unless otherwise provided for by law.
1) Fences
No fence shall be constructed on any Lot without the prior written approval of the Board,
which approval may be granted or denied in the Board's sole discretion. All fences shall be 1" x
4" cedar construction or better and shall otherwise be constructed in a good and workmanlike
manner, shall be artistic in design and shall not detract from the appearance of any adjacent
Structures. In addition, the finished wood side of the fence shall face the adjacent Lot(s). No
fence shall exceed six(6)feet in height. No fence shall be allowed within the front yard setback.
All fences shall be set back at least ten(10)feet from the front elevation of the residence as well
as the front elevation of the garage and any portion thereof.
m) Underground Utilities
All utility lines or wires located outside a dwelling unit shall be in conduits attached to
such units or underground.
n) Drainage
All building downspouts, footing drains and drains from all impervious surfaces,
including without limitation, patios and driveways, shall be connected to the approved permanent
storm drain outlet as shown on the approved construction drawings on file with Renton
Development Services Division. This plan will be submitted with the application of any building
permit. All constructions of drains must be constructed and approved prior to final building
inspection approval.
Absolutely no dumping of any pollutants into the storm sewer systems shall be permitted.
o) Damage
Any damage to streets, Plat improvements, entry structures, fences, landscaping,
mailboxes, lights and lighting standards by Owners,their guests, invitees, licensees, contractors,
agents or service personnel shall be repaired by such Owner within twelve(12) days from the
occurrence of such damage.
p) Driveways
All driveways shall be concrete, or other Board approved material, from the edge of the
paved street to connect with the paved surface of the floor of the garage.
q) Landscaping
(i) Front Yards All front yards of Lots shall be landscaped primarily
with grass sod from the edge of the right-of-way to within ten(10) feet of the residence;
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provided, however, that within such front yard areas may be located flower beds, paths
and patio areas.
All landscaping shall be completed no later than thirty (30) days after the date of
occupancy of the Structure on the Lot.
r) Mailboxes
A mailbox cluster has been installed and is accepted by the U.S. Postal Authorities and
has been located in those areas so designed by the U.S. Postal Department.
s) Compliance with Laws
This Plat is subject to the requirement of the City of Renton's Ordinance No. 4367, as
amended by Ordinance No. 4740 regarding the exercise of extreme care, when handling any
liquid other than water, to prevent contact of such liquid with the ground surface in order to
protect the City's drinking water.
Notwithstanding anything to the contrary set forth herein, each owner and the
Association shall comply with the more restrictive of either(a)the terms and conditions of this
Declaration, or(b)the laws, codes, ordinances and regulations of any governmental entity having
jurisdiction.
5.8 Variances
The Board shall be empowered to grant variances with respect to the use restrictions
contained herein, provided that such variances shall not violate any applicable laws, codes,
ordinances and regulations of any governmental entity having jurisdiction, shall not be granted
on an arbitrary basis, and shall not unfairly discriminate between bTlIAZØPI ARTICLE 6
HIGHPOIN'I'I H HOME OWNERS ASSOCIATION
6.1 Organization
STK
The Highpointe�Il Home Owners Association is an unincorporated association of all
Owners. Attached hereto as Exhibit C are the initial Articles of Organization for the
Association. It is contemplated that the Board may file articles of incorporation after the date
hereof in order to incorporate the Association under the laws of the state of Washington relating
to nonprofit corporations, as and when the Board determines that such action should be pursued.
Attached hereto as Exhibit D are the initial Bylaws of the Association. The bylaws, together
with the articles and this Declaration, shall govern the affairs of the Association.
6.2 Board of Directors
11
r . . .
The affairs of the Association shall be governed by a Board of Directors(the"Board")
which shall be composed of one or more members,to be determined in the reasonable discretion
of the Association. The Declarant initially shall constitute the Board and shall be fully
authorized to exercise all of the powers of the Association until the Transition Date as defined in
Section 6.10. Subject to any specific requirements hereof, the Board shall have authority to
establish operating rules and procedures. In the event of death or resignation of any member or
members of the Board,the remaining member or members, if any, shall have full authority to
appoint a successor member or members. Members of the Board shall not be entitled to any
compensation for services performed pursuant to this Declaration.
6.3 Qualification for Membership
Each fee owner of a Lot(including Declarant) shall be a member of the Association and
shall be entitled to one membership and one vote for each Lot owned, provided, that if a Lot has
been sold on contract,the contract purchaser shall exercise the rights of an Owner for purposes
of the Association and this Declaration, except as hereinafter limited, and shall be the voting
representative unless otherwise specified. Ownership of a Lot shall be the sole qualification for
membership in the Association.
6.4 Transfer of Membership
The Association membership of each Owner(including Declarant) shall be appurtenant
to the Lot giving rise to such membership, and shall not be assigned,transferred, pledged,
hypothecated, conveyed or alienated in any way except upon the transfer of title to the Lot and
then only to the transferee of title to the Lot. Any attempt to make a prohibited transfer shall be
void. Any transfer of title to a Lot shall operate automatically to transfer the membership in the
Association to the new Owner.
6.5 Number of Votes
The total voting power of the Association at any given time shall equal the number of
Lots included within the Property at that time. The Owner or Owners of each Lot within the
Property shall be entitled to one vote. If a Person(including Declarant)owns more than one Lot,
he or she shall have the votes appertaining to each Lot owned.
6.6 Voting
If a Lot is owned by husband and wife and only one of them is at a meeting, the one who
is present will represent the marital community. The vote for a Lot must be cast as a single vote,
and fractional votes shall not be allowed. If joint Owners are unable to agree among themselves
how their vote shall be cast, they shall lose their right to vote on the matter in question.
6.7 Pledged Votes
An Owner may, but shall not be obligated to, pledge his vote on all issues or on certain
specific issues to a Mortgagee; provided, however,that if an Owner is in default under a
Mortgage on his Lot for ninety(90) consecutive days or more, the Owner's Mortgagee shall
12
•
•
automatically be authorized to declare at any time thereafter that such Owner has pledged his
vote to the Mortgagee on all issues arising after such declaration and during the continuance of
the default. If the Board has been notified of any such pledge to a Mortgagee, only the vote of
the Mortgagee will be recognized on the issues that are subject to the pledge.
6.8 Annual and Special Meetings
Within the period commencing thirty(30) days before the Transition Date and ending
thirty(30) days after the Transition Date,there shall be a meeting of the members of the
Association and thereafter there shall be an annual meeting of the members of the Association in
the first quarter of each fiscal year at such reasonable place and time as may be designated by
written notice from the Board delivered to the Owners no less than thirty(30) days before the
meeting. At the first such meeting, and at each annual meeting thereafter,the Owners shall elect
by majority vote individuals to serve as Board members until a successor is elected at the next
annual meeting. Each Lot shall be entitled to one vote for each director and the voting for
directors shall be noncumulative. The financial statement for the preceding fiscal year(if any)
and the budget the Board has adopted for the pending fiscal year shall be presented at the annual
meeting for the information of the members. Special meetings of the members of the
Association may be called at any time upon not less than fourteen(14) days' prior written notice
to all Owners, for the purpose of considering matters which require the approval of all or some of
the Owners, or for any other reasonable purpose. Any First Mortgagee of a Lot may attend or
designate a representative to attend the meetings of the Association.
6.9 Books and Records
The Board shall cause to be kept complete, detailed and accurate books and records of the
receipts and expenditures (if any) of the Association, in a form that complies with generally
accepted accounting principles. The books and records, authorizations for payment of
expenditures, and all contracts, documents, papers and other records of the Association shall be
available for examination by the Owners, any Mortgagees, and the agents or attorneys of either
of them, during normal business hours and at any other reasonable time or times.
6.10 Transition Date
As noted above, Declarant initially shall constitute the Board and shall be fully
authorized to exercise all of the powers of the Association until the occurrence of the Transition
Date. The"Transition Date" shall be the earlier of: (a)the date designated by Declarant in a
written notice to the Owners, which date may be any date after this Declaration has been
recorded, or(b)the thirtieth(30th) day after Declarant has transferred to retail purchasers title to
all Lots. From and after the Transition Date, the then-current Owners of sixty percent (60%) of
the Lots in the Property shall have the power through a written instrument recorded in the real
property records of King County, Washington to restrict or eliminate any or all of the approval
powers and duties of the Board set forth in this Declaration, excluding the duty to maintain the
Common Areas.
13
ARTICLE 7
NOTICES FOR ALL PURPOSES
All notices given under the provisions of this Declaration or rules or regulations of the
Association shall be in writing and may be delivered either personally or by mail. If delivery is
made by mail, the notice shall be deemed to have been delivered on the third (3rd) day of regular
mail delivery after a copy has been deposited in the U. S. mail, first class, postage prepaid,
addressed to the Person entitled to such notice at the most recent address known to the Board.
Mailing addresses may be changed by notice in writing to the Board. Notices to the Board may
be given to any Board member or, until the Transition Date mailed to Declarant at the following
address: KBS Development Corporation 12320 NE 8th Street Ste#100 Bellevue, WA 98005.
The Board's address may be changed from time to time by the execution and recording of an
instrument in the real property records of King County, Washington which(a)refers to this
Declaration and this Article 7; and (b) sets forth the Board's new address.
ARTICLE 8
AUTHORITY OF THE BOARD
8.1 Adoption of Rules and Regulations
The Board is empowered to adopt, amend and revoke on behalf of the Association
detailed administrative rules and regulations necessary or convenient from time to time to insure
compliance with the general guidelines of this Declaration, to promote the comfortable use and
enjoyment of the Property and to govern the operation and procedures of the Association. The
rules and resolutions may, without limitation, authorize voting by proxy or mail, or both, on
Association matters. The rules and regulations of the Association shall be binding upon all
Owners and occupants and all other Persons claiming any interest in the Property.
8.2 Enforcement of Declaration,Etc.
The Board shall have the power to enforce the provisions of this Declaration, and the
rules and regulations of the Association for the benefit of the Association. The failure of any
Owner to comply with the provisions of this Declaration, or the rules and regulations of the
Association will give rise to a cause of action in the Association(acting through the Board)and
any aggrieved Owner for recovery of damages, or injunctive relief, or both. If a legal action is
brought to interpret or enforce compliance with the provisions of this Declaration, or the rules or
regulations of the Association, the prevailing party shall be entitled to judgment against the other
party for its reasonable expenses, court costs and attorneys' fees in the amount awarded by the
Court.
8.3 Goods and Services
The Board shall acquire and pay for as common expenses of the Association all goods
and services reasonably necessary or convenient for the efficient and orderly maintenance of all
portions of the Common Areas not maintained by public utility companies or a governmental
14
entity. The goods and services shall include (by way of illustration and not limitation)utility
services for the Common Areas; policies of insurance; and maintenance, repair, landscaping,
gardening, and general upkeep of the Common Areas. The Board may hire such employees or
agents as it considers necessary.
8.4 Protection of Common Areas
The Board may spend such funds and take such action as it may from time to time deem
necessary to preserve the Common Areas, settle claims, or otherwise act in what it considers to
be the best interests of the Association.
ARTICLE 9
BUDGET AND ASSESSMENT FOR COMMON EXPENSES
9.1 Fiscal Year; Preparation of Budget
The Board may adopt such fiscal year for the Association as it deems to be convenient.
Unless another year is adopted, the fiscal year will be the calendar year. As soon as the Board in
its discretion deems advisable, and prior to the expiration of each fiscal year thereafter, the Board
shall establish a budget for the costs during the ensuing fiscal year of maintaining the Common
Area, the private easement areas, the landscape area and all other areas which the Association is
responsible to maintain. The Board shall then assess each Lot with its pro rata share of such
estimated costs, based upon the number of Lots then-within the Property and the appropriate
number of lots required to share in such costs based on the beneficial interest of such lots in the
Private Easements as described in the Plat and in this Declaration. The Board, at its election,
may require the Owners to pay the amount assessed in equal monthly or quarterly installments or
in a lump sum annual installment. The Board shall notify each Owner in writing at least ten(10)
days in advance of each assessment period of the amount of the assessment for said period,
which notice shall be accompanied by a copy of the budget upon which the assessment is based.
The assessments levied by the Board shall be used exclusively to promote the recreation, health,
safety and welfare of the Owners and for the improvement and maintenance of the Common
Areas and the Private Easement areas.
9.2 Certificate of Unpaid Assessments
Any failure by the Board or the Association to make the budget and assessments
hereunder before the expiration of any fiscal year for the ensuing fiscal year shall not be deemed
a waiver or modification in any respect of the provisions of this Declaration, or a release of the
Owners from the obligation to pay assessments during that or any subsequent year, and the
assessment amount and payment method established for the preceding fiscal year(if any) shall
continue until a new assessment is established. Upon the request of any Owner or Mortgagee or
prospective Owner or prospective Mortgagee of a Lot,the Board will furnish a statement of the
amount, if any, of unpaid assessments charged to the Lot. The statement shall be conclusive
upon the Board and the Association as to the amount of such indebtedness on the date of the
statement in favor of all purchasers and Mortgagees of the Lot who rely on the statement in good
15
•
faith. All assessments and other receipts received by the Association shall belong to the
Association.
9.3 Date of Commencement of Annual Assessments
The annual assessments provided for herein shall commence as to all Lots at such time as
the Board in its absolute discretion deems advisable. The first annual assessment shall be
adjusted according to the number of months remaining in the fiscal year.
ARTICLE 10
LIEN AND COLLECTION OF ASSESSMENTS
10.1 Assessments Are a Lien; Priority
All unpaid sums assessed by the Association for the share of the common expenses
chargeable to any Lot and any sums specially assessed to any Lot under the authority of this
Declaration shall constitute a lien on the Lot and all its appurtenances from the date the
assessment becomes due and until fully paid. The lien for such unpaid assessments shall be
subordinate to tax liens on the Lot in favor of any assessing unit and/or special district, and to all
sums unpaid on all First Mortgages of record, but, to the extent permitted by applicable law,
shall have priority over all other liens against the Lot. A First Mortgagee that obtains possession
through a Mortgage foreclosure or deed of trust sale, or by taking a deed in lieu of foreclosure or
sale, or a purchaser at a foreclosure sale, shall take the Lot free of any claims for the share of
common expenses or assessments by the Association chargeable to the Lot which became due
before such possession, but will be liable for the common expenses and assessments that accrue
after the taking of possession. A Lot's past-due share of common expenses or assessments shall
become new common expenses chargeable to all of the Lot Owners, including the Mortgagee or
foreclosure sale purchaser and their successors and assigns, in proportion to the number of Lots
owned by each of them. Notwithstanding any of the foregoing, however,the Owner and the real
estate contract purchaser shall continue to be personally liable for past due assessments as
provided in Section 10.3. For purposes of this Section, "Mortgage" does not include a real estate
contract and"Mortgagee" does not include the vendor or the assignee or designee of a vendor of
a real estate contract.
10.2 Lien May Be Foreclosed
The lien for delinquent assessments may be foreclosed by suit by the Board, acting on
behalf of the Association, in like manner as the foreclosure of a mortgage of real property. The
Board, acting on behalf of the Association, shall have the power to bid on the Lot at the
foreclosure sale, and to acquire and hold, lease, mortgage and convey the same.
10.3 Assessments Are Personal Obligations
In addition to constituting a lien on the Lot, all sums assessed by the Association
chargeable to any Lot,together with interest, late charges, costs and attorneys' fees in the event
16
• . l
of delinquency, shall be the joint and several personal obligations of the Owner and any contract
purchaser of the Lot when the assessment is made and their grantees. Suit to recover personal
judgment for any delinquent assessments shall be maintainable without foreclosing or waiving
the liens securing them.
10.4 Late Charges and Interest on Delinquent Assessments
The Board may from time to time establish late charges and a rate of interest to be
charged on assessments delinquent for a period of more than ten(10) days after the date when
due. In the absence of another established, nonusurious rate, delinquent assessments shall bear
interest at the rate of twelve percent(12%)per annum. If an installment on an assessment
against a Lot is not paid when due,the Board may elect to declare the entire assessment against
the Lot for the remainder of the fiscal year to be immediately due and payable.
10.5 Recovery of Attorneys' Fees and Costs
In any action to correct delinquent assessments, the prevailing party shall be entitled to
recover as a part of its judgment a reasonable sum for attorneys' fees and all costs and expenses
reasonably incurred in connection with the action, in addition to taxable costs permitted by law.
10.6 Remedies Cumulative
The remedies provided herein are cumulative and the Board may pursue them, and any
other remedies which may be available under law although not expressed herein, either
concurrently or in any order.
ARTICLE 11
FAILURE OF BOARD TO INSIST ON STRICT PERFORMANCE NO WAIVER
The failure of the Board in any instance to insist upon the strict compliance with this
Declaration or rules and regulations of the Association, or to exercise any right contained in such
documents, or to serve any notice or to institute any action, shall not be construed as a waiver or
a relinquishment for the future of any term, covenant, condition, or restriction. The receipt by
the Board of payment of any assessment from an Owner, with knowledge of any breach by the
Owner, shall not be a waiver of the breach. No waiver by the Board of any requirement shall be
effective unless expressed in writing and signed for the Board.
ARTICLE 12
LIMITATION OF LIABILITY
So long as a Board member, or Association member, or Declarant has acted in good faith,
without willful or intentional misconduct, upon the basis of such information as is then possessed
by such Person, then no such Person shall be personally liable to any Owner, or to any other
Person, including the Association, for any damage, loss or prejudice suffered or claimed on
account of any act, omission, error or negligence of such Person; provided, that this Article shall
17
not apply where the consequences of such act, omission, error or negligence are covered by any
insurance actually obtained by the Board.
ARTICLE 13
INDEMNIFICATION
Each Board member and Declarant shall be indemnified by the Association against all
expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed, in
connection with any proceeding to which such party may be a party, or in which such party may
become involved, by reason of holding or having held such position, or any settlement thereof,
whether or not such party holds such position at the time such expenses or liabilities are incurred,
except to the extent such expenses and liabilities are covered by insurance and except in such
cases wherein such Board member or Declarant is adjudged guilty of willful misfeasance in the
performance of his or her duties; provided, that in the event of a settlement, the indemnification
shall apply only when the Board approves such settlement and reimbursement as being for the
best interests of the Association.
ARTICLE 14
INSURANCE
At such times as the Board deems appropriate,the Board shall cause the Association to
purchase and maintain as a common expense a policy or policies of insurance which the Board
deems necessary or desirable to provide: casualty insurance; comprehensive liability insurance;
insurance, if available, for the protection of the Association's directors and representatives from
personal liability in the management of the Association's affairs; and such other insurance as the
Board deems advisable. The Board shall review the adequacy of the Association's insurance
coverage at least annually.
ARTICLE 15
DAMAGE AND REPAIR OF DAMAGE TO PROPERTY
In the event of any casualty, loss or other damage to the Common Area for which the
then-current assessments by the Board are insufficient to repair or restore, or for which there are
not insurance proceeds or insufficient insurance proceeds available to the Board for such
restoration or repair, the Board may make a special assessment against each Lot for its pro rata
share of the cost and expenses to repair and/or restore the Common Areas. The special
assessment shall be payable, at the determination of the Board, in either monthly or quarterly
installments or in a single lump sum amount. The Board shall notify each Owner of any such
special assessment not less than twenty(20) days prior to the date such special assessment or the
first installment thereon is due and payable, which notice shall be accompanied by a reasonably
detailed statement of the Board's estimated costs and expenses of repairing and/or restoring the
Common Areas.
18
•
•
ARTICLE 16
AMENDMENTS OF DECLARATION
16.1 Amendments of Declarant
Prior to the Transition Date, Declarant may amend this Declaration by an instrument in
writing filed and recorded in the Records of King County, Washington, without the approval of
any Owner or Mortgagee; provided, however, that(a) in the event that such amendment
materially alters or changes any Owner's right to the use and enjoyment of his Lot or the
Common Areas as set forth in this Declaration or adversely affects the title to any Lot, such
amendment shall be valid only upon the written consent thereto by a majority in number of the
then-existing Owners affected thereby, or(b) in the event that such amendment would materially
and adversely affect the security, title and interest of any Mortgagee, such amendment shall be
valid only upon the written consent thereto of all such Mortgagees so affected. Each Owner, by
acceptance of a deed or other conveyance of a Lot, agrees to be bound by such amendments as
are permitted by this Section 16.1 and further agrees that, if requested to so do by Declarant,
such Owner will consent to the amendment of this Declaration or any other instruments relating
to the Property(i) if such amendment is necessary to bring any provision hereof or thereof into
compliance or conformity with the provisions of any applicable governmental statute, rule or
regulation or any judicial determination which shall be in conflict therewith, (ii) if such
amendment is necessary to enable any reputable title insurance company to issue title insurance
coverage with respect to any Lots subject to this Declaration, (iii) if such amendment is required
by an institutional or governmental lender or purchaser of mortgage loans, including, for
example, the Federal National Mortgage Association or Federal Home Loan Mortgage
Corporation, to enable such lender or purchaser to make or purchase mortgage loans on any Lot
or other improvements subject to this Declaration, or(iv) if any such amendment is necessary to
enable any governmental agency or reputable private insurance company to insure Mortgages on
the Lots or other improvements subject to this Declaration.
16.2 Amendments by Association
Any Owner may propose amendments to this Declaration to the Board. A majority of the
members of the Board may cause a proposed amendment to be submitted to the members of the
Association for their consideration. If an amendment is proposed by Owners of 20% or more of
the Lots,then, irrespective of whether the Board concurs in the proposed amendment, it shall be
submitted to the members of the Association for their consideration at their next regular or
special meeting for which timely notice may be given. Notice of a meeting at which an
amendment is to be considered shall include the text of the proposed amendment. Amendments
may be adopted at a meeting of the Association or by written consent of the requisite number of
Persons entitled to vote, after notice has been given to all Persons entitled to receive notice of a
meeting of the Association. The unanimous consent of all Owners shall be required for adoption
of either: (a) an amendment changing the voting power or portion of assessments appurtenant to
each Lot; or(b) an amendment of Section 5.7 or of this Article 16. All other amendments shall
be adopted if approved by the Owners of sixty percent(60%)of the Lots. Once an amendment
19
has been adopted by the Association, the amendment will become effective when a certificate of
the amendment, executed by a member of the Board, has been recorded in the real property
records of King County, Washington.
16.3 Amendments to Article 3
Notwithstanding the foregoing provisions regarding amendments, no amendment to this
Declaration which affects the obligation of the Owners to maintain Common Areas as set forth in
Article 3 hereof shall become effective without the prior written consent of King County,
Washington, or the then-appropriate governmental entity with jurisdiction over such matters.
ARTICLE 17
ANNEXATION AND SUBDIVISION
Residential property other than the Common Areas may be annexed or added to the
Property only with the consent of sixty percent(60%) of the Association. No Lot shall be
subdivided or combined without the approval of all Owners. Notwithstanding the foregoing, no
Lot or portion of any Lot shall be divided and sold or resold or ownership transferred whereby
ownership of any Lot shall be less than the area required for the use district of the Property.
ARTICLE 18
DURATION
The covenants, conditions, and restrictions of this Declaration shall run with and bind the
Property, and shall inure to the benefit of and be enforceable by the Owners, their respective
legal representatives, heirs, successors, and assigns, for a period of thirty(30)years from the date
this Declaration is recorded, after which time the covenants, conditions and restrictions shall be
automatically extended for successive periods of ten(10)years each unless an instrument signed
by a majority of the then-Owners has been recorded agreeing to terminate the covenants,
conditions and restrictions. Notwithstanding the foregoing, no such termination shall be
effective so as to terminate the obligation of the Owners to maintain the Common Areas as set
forth in Article 3 hereof without the prior written consent of King County, Washington, or the
then-appropriate governmental entity with jurisdiction over such matters.
ARTICLE 19
SEVERABILITY
The provisions of this Declaration shall be independent and severable, and the
unenforceability of any one provision shall not affect the enforceability of any other provision.
20
ARTICLE 20
EFFECTIVE DATE
This Declaration shall be effective upon recording.
ARTICLE 21
ASSIGNMENT BY DECLARANT
Declarant reserves the right to assign, transfer, sell, lease or rent all or any portion of the
Property and reserves the right to assign all or any of its rights, duties and obligations created
under this Declaration.
DATED as of the date first written above.
DECLARANT: KBS Development Corporation
By:
•lin B. a lorsident
By: .
Robert W. Ruddell, Secretary
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Kolin B. Taylor is the person who
appeared before me, and that said person acknowledged that he signed this instrument, on oath
stated that he was authorized to execute the instrument and acknowledged it as the President of
KBS Development Corporation, a Washington corporation, to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
Dated this 26th day of August, 2003.
!�
s,'s'� (Signature of Notary),
Jap
$.• • /; ar 6., -)c/1467-1-ec--
� . (Legibly Print or Stamp Name of Notary)
V - V • ; Notary Public it}a and for the state of Washington,
it
o os Residing at K n 0
My commission expires: S "�
21
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Robert W. Ruddell is the person
who appeared before me, and that said person acknowledged that she signed this instrument, on
oath stated that she was authorized to execute the instrument and acknowledged it as the
Secretary of KBS Development Corporation, a Washington corporation, to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated this 26th day of August, 2003. _i7,,‘7 ) ,-,.-,
j.c\S G. sC, ,1,is (Signature of Notary)
tis-"41,11., -'615 6', 5--7 '''r-
(Legibly Print or Stamp Name of Notary)
u� '' V Notary Public in and f r the state of Washington,
'. 1 e Sao 2. : Residing at //, KG L
,, a0. %%%%%%..%%%% p _
''1 a wash$'GAct
- My commission expires: g'-3 v—as-
• 22
•
EXHIBIT A
TO DECLARATION FOR THE PLAT OF HIGHPOINTE DIVISION II
(Legal Description)
Lots 1 through 12, Tract A, and Tract B according to the Plat thereof,
Recorded in Volume.J(eof Plats, Pages through King County,
Washington,the entire plat being described as acc5riling to the plat
thereof recorded in Volume.21E.of Plats, Page ,in King County,
Washington, the entire plat being described as the south 470
feet of the west 470 feet of the southwest
quarter of the southeast quarter of the southeast
quarter of Section 4 , Township 23 north, Range 5
east. Willamette Meridian, in King County,
Washington:
EXCEPT the west 241 feet of the south 225 feet
thereof: And EXCEPT the south 30 feet thereof for
road.
23
EXHIBIT B
TO DECLARATION FOR THE PLAT OF HIGHPOINTE DIVISION II
(Fence Detail)
24
EXHIBIT C
TO DECLARATION FOR THE PLAT OF HIGHPOINTE DIVISION II
(Articles of Organization)
25
EXHIBIT D
TO DECLARATION FOR THE PLAT OF HIGHPOINTE DIVISION II
(Bylaws)
26