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DECLARATION
AND
CONENANTS, CONOITIONS, RESTRICTIONS, AND RESERVATIOr�S
FOR
' TERHUNE'S KENNYDALE BEACH +Y2
A CONDOMINIUM
�D
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� Pursuant to the laws of 1963. Chapter 156, of the Laws of the State of
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0 Washington, for the purpose of submitting the real preperty hereinafter described
� to the provisions of said Chapter. the undersigned persons being the sole owners
or all �f the owners, lessees or possessors of said property, hereby make the
following declaration:
1. LEfAL DESCRIPTION
The land on which the building and improvements hereinafter described are
located is the following described real property situated in King C�unty,
Washington:
Lot 6 in Block 4 of C.D. Hillmar:s Lake Washington Garden of Eden
Addition to Seattle No. 1. as per plat recorded in Volume 11 of Plats on
page 63, records of King County; LESS THE t�ORTN 4.6 �EET THEREOF.
Together with an easement for ingress artd egress over the liest 10
feet of Lot 4 in Block 4 of C.D. Hillman's Lake blashington Garden of Eden
Addit�on to City of Seattle No. 1, as per piat recorded in Volume 11 of
Plats, on page 63, records of King County. Washington.
2. DESCRIPTION OF BUILDING
There is one residence building to be situated upon the site. Princlpal
material used in the constrirction of said buiZding is concrete base and wood frame
construction. The ��esidence building contains three residence apartaients.
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3. OESfQIPTION OF APARTMENTS
Following is a statement on the nartr: or apartment number of each apartment,
a statement of its location. approximate area, number of rooms and immediate
common area to which it has access, together with other data being necessary for
its proper identification:
Apartment N1
:D
� Location: On the lower or first floor, including the ei �ire first floor.
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`� Approximate area: 1024 Square feet.
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O� Nunber of Rooms: 6, including one bathroom.
~ Imnediate Corrmon
Area: Concrete steps and walk on the south side of said building.
Apartment M2
Location: On the second and third floor, including approximately the
, north one-half of said second and third floor.
Approximate area: 1088 Square feet.
N�anber of Rooms: 6, including one and one-half bathroams.
Irtmediate Caman
Area: Concrete steps and walk on the east side and wooden deck
on the �vest side of said building.
Apartme�t i3
�ocation: 0� the second and third floor, including approximately the
south one-half of said second and third floor.
Approximate area: 1088 Square feet.
Number of Rooas: 6, including one anE one-half bathroa�ns.
Imnediate Caonon
Area: Concrete steps and Malk on the east side and wooden deck
on the ��est side of sa�d tuilding.
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, 4. DESCRIPTION OF COM�ON AREAS AND FACILITIES
' The cammon areas and facilities consist of:
� a. The land above described.
} b. The concrete foundations, columns, girders, beams, supports, main
walls (excluding interior partitions of apartments), and all other
, structural parts and roof of the building.
c. The roadways and driving areas which provide access to the limited
caman areas for parking and to the apartments.
� d. All utilities and water and sewer lines situated outside the limits
�p of :he residence apartaients as described.
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0 e. All other parts cf the property necessary or convenient to its
p existence, maintenance, safety and use not otherwise classified
►� herein.
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`'tiD 5. DESCRIPTION OF LIMITED COFlqN AREAS AND FACILITIES
iThe limited caman areas shalt consist of those set forth in paragraph number
three (3) above wherein each apartment ha; within this description an "imrediate
cam�on area" the same being incorporatPd �ierein, and atso the parking spaces assigned
to each apartment as indicated in the survey map and plans, a copy of which is
attached as exhibit 'A'.
6. VALUE IIND PERCENTAGE OF IA�IDIVIDED INTEREST IN COMqN AREAS
a. The value of the property is 5174,850.00.
b. The value of each residence apartment and the percentage of undivided
interest in the ca�on areas and facilities as perWining to each
residence apartwent and its owners for all purposes including v�ting
is as follars:
APARTI�NT PERCENTA6E OF
NI�ER YALUE UND?YIOED INTEREST
1 554,950 .31426
2 f59,950 .34287
3 S: ).950 .34287
7. IJSE
a. The building and each apartwent therYin is intended and restricted
as to use for single fa�iiy dwellings, togethe� with the carrying on of
the norwal wa�agewent functions of the Association of Apartwent Owners.
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b. An apartaient ownar shall not place nor cause to be pinced in the
caman walkways or stairways ar�y packages or ob�ects of any kind.
Such areas shall be used for no other purpose than for normal
transit through the+r., except par::ing areas and areas specifically
set aside for storage and other cortnan purposes.
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� c. Limited common areas shall be for the sole and exclusive use of
the apnrtment for which they are reserved.
8. SERVICE OF PROCESS
Robert C. Terhune, Sr. whose address is Apartment Ml, 3306 Lake Washington
Blvd. North. Renton. Washington 98055, is hereby designated as the person to
� receive service of process in the cases provided in the Laws of 1963, Chapter 156.
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u After organization of thp Association of Apartment Owners, service of process for
i j the purposes provided in the Act may also be made upon the President of the
�� Association. The Board of Apartment Owners Association may at any time designate
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�~ a new or different person or agency for such purposes by filing an amemm�ent to
,
� this Declaration limited to the sole purpose of making such change, and such
amendment need only be signed and acknowledged by the then president of the
Association of Apartment Owners. The Declarant may at any time before the Board
of Apartment Owners Association is organized change such designation by amendment
to the Declaration signed and acknowledged only by Declarant.
9. �AMAGE AND DESTRUCTION AND RECONSTRUCTION OF THE APARTMENTS
Any decision on the question of whether to rebuild, repair, restore, or seli
the property in the event of damage or destruction of all or part of the property,
shall be in accordance with the voting requirements of Section 23, of Lar�s of 1963,
�hapter 156, as the saa�e now exists or may nereafter be amended.
10. PROCEOURES FO►c SUBDIVIDING AND/OR COMBIt1ING
Except as this declaration ma�y be a+aended as provided for herein, no subdivision
or caabinatio� of aRy apartwent unit or units or of the ca�on a►�eas or facitities
or li�ited casaon areas o� facilities may be accowplished except by autFarization by
the affinnative vote 51: o� the amers of the apartment units.
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11. BY-LAWS OF ASSOCIATION OF APARTMENT OWNERS
The owners of all apartments (as the term "apartment" is defined in Laws of
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1963, Chapter 156) in the building shall adopt By-Laws for the administration of s
the property or for other purposes not inconsistent with the laws of 1963, Chapter
156. Administration of the property shall be by a Board of not less than three
directors, elected from among the apartment owners. By-Laws shall be adopted or
nmended by a ma3ority of �he voting power of all owners of apartments in attendance
at a meeting held and called upon written notice, stating the time, place and purpose
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°D of such meeting, personally delivered or mailed to each apartment owner with postage
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oprepaid, at least ten (10) days in advance of s�th meeting. The fee owners of the
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p apartments in this said declar3tion shall c,onstitute the Association of Apartment
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� Owners.
12. MONTNLY AS�ESSMENTS
All apartment owners are obligated to pay manthly assessments imposed by
the Association of Apartment Owners to meet all coamon expenses of the property.
which may include premiums on insurance policies, inclu�ing but not limited to €
liability insurance and property damage insurance to cover loss due to hurricane,
fire� earthquake or other hazard. The assessaients shall be made pro rata according
to Lhe percentage of undivided interest in the caAaon areas and facilities amed
by each apartme�t ow�er. Such assessments shall include aanthly payments to a
general operating reserve and a rese►we fund for replacements for whicn provision
shall be made in the By-Larrs. Assessments shall be payable in advance on the first
day of each month, and shall bear interest at the rate of one perrxnt (1X) per
month, if not paid on or before the lOth day of the wonth for wfiich the sa�e are due.
13. COLIECTION OF ASSESSl�ENTS
a. Secur;ty Deposit
Should an aparLeent owner be delinquent in paying his �onthly
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assessments, t�� Board of D;rectors of the Associatlon of Apart�nent
Owners m�y, in its discretion, requlre such member, froa� time to ti�e,
to make a security deposit not in excess of three aartths' estiinattd
. monthly assessments. which ma►y be collected as are other assessaients.
� Such deposit shall be held in a separate fund, credited to such n�-
ber, and resort ma�y be had thereto at any time when such member is
ten (lOj days or more delinquent in paying his monthly or other
assessments.
� b. Severance of Utilities
On ten (10) days notice, all utility services to the apartment of an
owner delinquent in the payment of any assessment or security deposit
` may be forthwith severed and remain severed until such assessments or
'� security deposit be paid. �
c. Non-pre�udice to Other Means of Collection �
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� The remedies herein provided for collection of de:inquent assessments �
Oshall be cumulative, and any attempt at collection by the use of any
� such remedy shall not prevent the collection of said delinquent assess-
�. ments by any other lawful means.
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� �f. Foreclosure of Assessment Lien '
1. Attorney's fee and costs
. In any action to foreclose a lien on any apartment for non-payment
of delinquent assessments, any judgment in favor of the Association
of Apartment Owners rendered therein shall include a reasonable
sum for attorneys' fees and all costs and expenses reasonabty
incurred in preparation for or in the prosecution of said actiun,
in addition to taxable costs permitted by law.
2. Rental during foreclosure
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From the time of carmencement uf any a�tion to foreclose a lien
agai�st an apartment for non-payment of delinquent assessments,
the owner of such apartment shall pay to the Association of
Apartrtient OM�er� the reasonable rental value of said apartment to
be fixc�d by the Board of Directors of the Association o' Apartment
Owners, and the plaintiff in any such foreclosure action shall be
entitled to the appointment of a receiver to collect the same.
14. STRUCTURAL MqDIFICATIONS
An apartment owner shall �ot make structural modifications or alterations in
his apartment unit or instaliation located therein without previously notifying
the Associaiion of Apartment ONners in ►+riting through the Managing Agent, if any,
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o� Lhrough the President of the Board of Directors, if no Managing Agent is e�nployed,
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; and securing the consent of the Association to such modification or alteratio�. The �
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AsSociation shall have the obligation to answer within seven (7) days of such written
} notice, and failure to do so within such time shall mean that there is no ob�ection ; '
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to the proposed modification or alteration. •
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15. RESTRICTION ON CONVEYANCE OF APARTMENTS
a. O�tion of Association
In the event of any sale, rental, lease or conveyance of an apartment,
after the first conveyance thereof to an apartment owner, the
' Association of Apartment Owners shall have a first option to purchase,
rent or lease the same on the same conditions and at the sa�ne price
j and terms as are offered by said apartment a+ner to any third person.
Any attempt to setl, resell, rent, lease or convey any apartment,
� without prior offer to the Association of Apartment Owners, shall be
.O wholly null and void and shall confer no title, interest or right
t � whatsoever upon the intended purchaser, tenant, lessee or grantee.
� b. Notice to Board
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� ~ Should any apartment owner desire to sell, rent, lease or con�•�y an
; �O apartment or any portion thereof, he shall, before making or accepting
r' any offer therefor, and before making any conve;;�nce of the apartrtient,
give to each member of the Board of Directors, written notice of his
intent to sel�, rent, lease or convey such apartment, or any interest
therein, which notice shall contain the terms of the offer he has
received or which he wishes to accept, or the terms of the offer he is
prepared to make, and the name and address of the prospective purchaser,
tenant, or grantee.
c. Exercise of Option by Board
The Baard of Directors shall, within thirty (30) days after receiving
such notice, either consent to the transaction specified in said notice,
or by wrltten notice to such owner designate one or more persons who
are then apartment owners, or ar�y other person or persons of satisfactory
credit, who are willing, within fifteen (15) days of such designation,
to purchase, lease, rent or accept title upon the same terms and con-
ditions as those specified in such owner's notice. Such owner may,
within said fifteen (15) day period, either accept such new offer, if
made, or withdraw or re3ect the offer specified in his notice to the
Board, as r+ell as such ne�v offer; but he may not re,�ect such ne�v offer,
if made, and continue to propose or accept the offer, if made, or with-
draw or re3ect the offer specified in his notice to the Board, as well
as such new offer; but he may not re�ect such new offer, if made, and
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continue to propose or accept the otter specttled in hts or191nat
notice. Failure of the Board to desiyn�te such ptrson or ptrsons
within said thirty (30) day perlod. or tallure ot such person or
persons to make such an ofter wlthin tM sa�e tltteen (15) day
period, shall be deemed consent by the Assoclatlon W the trans-
action specified in said amer's notice. �nd he sh�ll be free
thereafter to make or accep* the otfer specifted 1n his ori91na1
notice, and to sell. lease. rent or convey said apartaient or interest
therein pursuant thereto to the prospective purchaser, tenant or
grantee named therein, within ninety (90) days afte� his original
notice was give�, after which such right shall cease.
d. Restrictions on Su�-Leasing
The sub-leasing or sub-renting of an apartment or any part thereof
shall be sub3ect ta the same limitations and restrictions as are
' herein made applicable to the leasing or rental thereof, and the same
� pr•ocedures and other provisions of this Paragraph shall apply thereto.
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e. Non-Maiver of Restrictions
No apartment owner shall have any right to sell, lease. sub-lease,
rO rent or convey his apartment or any interest Lherein, except as
� expressly provided herei�,. The provisions. limitations and restrict-
� p ions of this Paragrap►+ shall not be waived by the Association
f O notwithstanding the fact that any apartment avner may have previously
� ,� leased, sub-leased, rented or conveyed his apartment or any interest
p therein in conformity with the provisions hereof ur otherwise.
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�` 16. AhENDMENT OF DECLARATION
This Declaration may be amended, consistent with the Laws of the State of
' � Washington, appertaining thereto, upon securing the written consent of sixty
per cent (60�) of the apartment owners; provided. however, that arLy amendment
altering the value of the property and of each apartment and the percentage of
undivided interest in the caman areas and facilities shall require the unanimous
consent of all the apartment owners.
The amendnent shall be reduced to writing and shall contain the certificate
of the Board of Directors that the requisite number of apartment .wners have
consented thereto, as above set forth, and shall be ackna+ledged by the Directors.
Suc�, �mendment shall become effective upon the recording xhereof with the Auditor
of , ing County, liashington.
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17. FILE NI�BER OF FLOOR PLANS
The floor plans ot the building referred to h�rein were filed ►vith the
Auditor of King County, liashington simultaneously with the recording of this
Declaration under File No. 7PC �D�cc>�E3f- and recorded in volume �
of Ca�daainiups, Pages ,� - ¢ on the 6 n� day of ����r 1978•
IN MITNESS WHEREOF, the undersigned have caused this instrument to be
executed Lhis ,1(, � day of ��,P�N , 1978.
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: j „ ud t A. Terhune ��� �� �� ��,� -
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STATE OF MASHINGTON, )
) ss.
County of King )
On this �?(� � day of i'�rRc N , 197d, before me, the undersigned,
a Notary Publ����n en� for the tate o� as ngton, duly ca►missioned and sworn,
personally appeared Robert C. Terhune, Sr. to rt�e known to be the individual described
in ane+ who executed the foregoing instrunent for t�ir�self and as attorney in fact of
Judith A. Terhune also therein described, and acknowledged to me that he signed and
sealed the same as his voluntary act and deed and as the free and voluntary act and
deed of the said Judith A. Terhune for the uses and purposes therein mentioned, and
on oath stated that the power of attorney authori�ing the execution of this instrunent
has not been revoked and that the said Judith A. Terh�ne is now living��•�:�,;"':
WITNESS n�y hand and official seal hereto affixed tha day and yEaj��`i��t�i;} :
certificate above written. � 'y' ° ^ . �
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otary u n an or, �je�
Washington r_�iding at eP ..'..• •:� .
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A coNvoM�NivM �
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, F1KS1' AMl:Nl1M1:N1' TU U�CLARATtON ANU CUVChANTS�
' CONI�ITiONS� RI?S1'RICTI�NS AND R1iS�ItVATIONf�
�
J �OR TLItIIUNI:'S KLNNYUALE BCACI� /2
� A CONDO�fINIUM
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�T
� TFIIS FiRST AI�1L•NUFtf:NT to the Doclaratlon and Covenar,ts,
�r
'� Conditions� Restriction� and Reservations for 'fcrhune's
� -�
�' Rennydale �each 12� A Condominium� made on the date herein-
�
� after set forth� by Dcclarant. bein� the sole oxner of the
�
� property� makes the following �mendment to the Declaration
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and Covenants� Conditions� Restrictions and Reservations.
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� M}IEREAS� Declarant on t�farch 26, 1978, executed the
�
� � Declaration and Co��enants� Conditions, Restrictfons and
� Reservations (hereinafter called "Declaration") for said
,'�"'" �
� condominiva. On the 6th day of July� 1978� the DecYaration
► was recorded with �he King County Departnent of Records `
and Elecrions� King County Recor3ing Number 7807060786, �
�
1rHEREAS� Declarant is desirous of repealing rnd f
f
snperceding Article 6 (b) of said Declaration.
1JOM, TF:.;REFORE, Declarant hereby declares: �
I i I. �
` Tnat Article 6 (b) of the Declaration of Covenants.
�
� Conditions� Restrictions and Reservations for Terhune's !
; Kenny�lale Beach IZ, dated March 26� 1978. King Countr
�
� Recording No. 7807060786 is repealed ia its entireLr and �
is superceded in its entirety and replsced br the follow• �
ing Article 6 (b) : �
�
6. b. The value of each resfdence apartment aad the �
percentaYe of undivided interest in tht conc�on
, sress and facilities ns pertaining to each
residence apartment and ita �wners for all
purposes includin� votina is as follows:
ADt. / Valu• � �i Undiv. Int.
• 1 . �S4�9S0. 31.126
31.2t1 #
, 3 =S0,9S0. 3�.2t7 !
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,l� la 3 at rM'�� �
,
�
. . � , � . .
r
I1 ,
, �xccpt as mo�lificJ haroin� oll othor tor�r, con-
ditions� covenanta� and ro�trlctians of thc Declar�tlon
shall ren�ain in lull force and effect. �
UATEp this /,�� dsy of JUt.Y� 1978. !
� � ;�'
UECL y'� ', '
/. � /� �
.�
, .� � � .
r�t ll � ..� " ���
� Rober�,c �qr r�q Sr. /
� � � �` .�tfl< ,�`' �� �
� '�G� l�f'��'``�!_,,�'!,�..--.
— Jud �
� ith A. Terhune, by Robert Q
p C. :crhune, Sr. , her attorney �
� a� in fact, i-
~ �
��
�
�
STATE OF NASHI\CTON) �
) ss.
CGUtiTY OF KIWG )
On this �� day of July� 1978� before me, the under-
signed� a Notar�ublic in and for the State of xashington�
duly commisioned and sworn� personally appeared Robert C.
Terhune� Sr. to me known to be the individual described
in and who executed the foregoing instrument for himself
and as attorney in fact of Judith A. 'terhune also therein
described� and acknowledged to me that he signed and sealed
the same as his voluntary act and deed and as the free and
voluntary act and deed of the said Judith A. Yerhune for
the uses and purposes therein mentioned� and on oath stated
that the ower of
attorne authorizin the
P execution o
Y g f
this instrument has not been revoked and that the said
Judith A, Terhune is nox �iving.
MITNESS my hand and official seal hereto affixed the
day and year in this certificate above written.
��L.� ,�' �' c � A.
��
' Notary Public in and r h• '
State of Mashington residin� �
at Renton. '�
.2.
_ ■