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CITY QF I�ENTOI�i �����������
City Clerk Division
1055 South Grady Way, Su�te 728 PAGE-001ROFT022C�V 1s�.��
Renton, WA 98057 08t29t2@26 09:49
KING COUNTY, WA
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UOCUMENT TITLE(S): � -
DECLARATIUN OF C4VENAN'I'S, CONDITIONS,RE5TRICTIONS AND EASEMENTS
FOR NANTUCKET SHOF.T PLAT.
I2.EFERENCE NUMBER(S)OF DOCUMENTS ASSIGNED OR RELEASED:
N/A
Additional reference numl3ers are on page I'+1/A of dacument.
DECLA.RA.1vT:
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Renton Park Ave LLC,a Washington limited liability company
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Additional names on page N/A ofdocument.
LEGAL DESCRIPTION: (abbreviated i.e. lot, block,plat,section,township,and range)
Nantucket Short Plat; SE 1/a, SW '/4, Sec, 32,T.24N.,R.S.E,, W.M.
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Pa�e I af 22
DECLARATION C1F COVENANTS,Ctl►NDITICINS,
RESTRICTIUNS AND EA�EMENTS FUR NANTUCI�ET SHORT PLAT
THIS DECLARATIGN is made this 2"d day of August, 2016, by Renton Park Ave LLC,
a Washington limited liability company (hereinafter collectively referred to as "Declarant"}.
Declarant is the awner of certain land situated in the City c�f Renton, King County, Washing#c�n,
legally described an attached Exhibit A, which includes Lots 1 thraugh 8 and Tract A and
designated Private Easement Areas{the"Plat").
This Declaration establishes a plan for the private ownership of the eight {8} lots in the
Plat and the single family homes to be constructed on those Lats and for the shared ownership by
the Qwners (defined below) as tenants in common of the Common Area Tracts (defined below).
Declarant is alsQ creating the Association {defined below) comprised of the Owners for the
putpose af maintaining and aperating the Commc�n Areas {defined below), administering a.nd
enforcing the cavenants, conditivns and restrictians stated in this Declaration, delegating and
assigning duties among the Uwners and the Associatic�n, and collecting and disbursing
assessments and charges from the 4wners.
The L?eclaration further establishes the right and power of the Associatifln to levy general
and special assessments on each C?wner to finance the canstruetion and maintenance of
improvements to the Common Areas and to effectuate al] of the pawers and duties of the
Assaciation, as described herein. The Declaration fizrther establishes certain restrictions on the
various uses and activities t�at may be permitted on the Property,and further establishes the right
of the Associatian to promulgate rules and regulatians which rnay further de�ne and limit
permissible uses and activities consistent with the provisions of this Declaration.
NOW, THEREFURE, the undersigned hereby covenants, agrees and declares that all of
the Property, as defined herein, and the buildings and structures hereafter constructed thereon,
are and will be held, sold and conveyed subject to and burdened by the following covenants,
conditians, restrictians and easements, all of which are for the purpose of enha.ncing and
pratecting the value, desirability and attractiveness of the Property, and all far the benefit af the
Qwziers thereof, their heirs, successors, grantees and assigns. All provisions of this Declaration
shall be binding upon all parties having or acquiring any right, title or interest in the Property, or
any part thereof, and shall inure to the benefit of the Qwners thereaf and ta the benefit of the
Association, and are intended to be and shall in a11 respects be regarded as covenants running
with the land.
ARTICLE 1.-DEFINITIONS
1.i "Association" shall mean and refer to the Renton Park Ave Hameowners
Association, a Washington nanprofit corporation, and its successors and assigns.
1.2 "Association Action" shall mean and refer to a written carparate action of the
Association in the form of either a Bylaw or resolution duly adopted ar approved by either the
Board or the Owners, as appIicabie.
Page 2 pf 22
1.3 "Board" shall mean and refer to the Board of Directors of the Association.
1.4 "Buildin�" or "Home" shall mean the single-family residence constructed on a
Lot, together with the appurtenant landscaping, fences, garages and driveway located on any
portion of such Lot.
1.5 "Common Areas" shall mean and refer to both (a) all portions of the Property
owned by the Owners, as tenants in common, for the common use and enjoyment of the Owners;
including landscaping and other utility systems which may be located on or in the Common
Areas or between the Common Areas and the streets or on or in other public or utility easements,
and (b)those portions of the Property owned by the tenants in common for the common use and
enjoyment of the Owners, including Common Area Tract A.
1.6 "Declarant" shall mean and refer to Renton Park Ave LLC, a Washington limited
liability company, its successors and assigns.
1.7 "Declaration" shall mean and refer to this instrument, as the same may be
supplemented or amended from time to time.
1.8 "EasemenY' shall mean any easements of record, shown on the Plat, or granted in
this Declaration, including an easement for ingress, egress, drainage, and utilities over Tract A,
lots 2 & 3, lots 4 through 8, storm water facilities easement to City of Renton/King County,
easement for electric transmission and distribution line facilities to Puget Sound Energy, and
street frontage utility easements. In addition, the Association shall have an easement to perform
all Association functions authorized by this Declaration including performing maintenance on
any Lot if an Owner fails to do so, and for maintaining any fencing, landscaping, utilities, or
Common Areas.
1.9 "Governin� Documents" shall mean and refer to this Declaration and the Articles
of Incorporation, Bylaws and Rules of the Association, as any of the foregoing may be amended
from time to time.
1.10 "The Pronertv" shall mean and refer to that certain real property described on
Exhibit A aitached hereto, being commonly referred to as Lots 1 through 8 of the Plat.
1.11 "Lot" shall mean each of Lots 1 through 8 of the Plat.
1.12 "Mort�a�e" shall mean and refer to any recorded mortgage or deed of trust
encumbering one Lot. "First Mortgage" shall mean and refer to a Mortgage with priority over all
other Mortgages.
1.13 "Mort�a�ee" shall mean and refer to the holder or beneficiary of any Mortgage
and shall not be limited to Institutional Mortgagees. As used herein, the term "Institutional
Mortgagee" or "Institutional Holder" shall include banks, trust companies, insurance companies,
mortgage companies, mortgage insurance companies, savings and loan associations, trusts,
mutual savings banks, credit unions, pension funds, Federal National Mortgage Association
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("FNMA"), Federal Home Loan Mortgage Corporation ("FHLMC"), Federal Housing
Administration ("FHA"), all corporations and any agency or department of the United States
Government or of any state or municipal government.
1.14 "Owner" shall mean and refer to the record owner (whether one or more persons
or entities) of a fee interest in any Lot, but excluding Mortgagees or other persons or entities
having such interest merely as security for the performance of an obligation. Purchasers or
assignees under recorded real estate contracts shall be deemed Owners as against their respective
sellers or assignors.
1.15 "Plat" shall constitute the Real Property referred to as Lots 1 through 8 of the
Nantucket Short Plat including Tract A, Lots 2 & 3 Private Access Area, and Private Road
described as Garden Ave North, recorded in King County under Recording Number
?.�/[oa�21��900d0 � .
1.16 "Sin�le Familv" shall mean and refer to both (a)a single housekeeping unit of
related individuals, or(b)not more than four(4)adults who are not legally related.
1.17 "Structure" shall mean any building, fence, wall, driveway, walkway, patio, or
any other improvements of a Parcel.
1.18 "Utilitv/LJtilities" shall mean common utilities such as gas, electric, sewer, water,
detention system, gutters or downspouts, phone, cable, security systems and any other utility
which is routed or placed either above or below ground.
ARTICLE 2.—STATUS OF PROPERTY
2.1 There are eight (8) lots in the Property and one Home will be constructed on each
Lot. There is also one (1) Tract, known as Tract A for Common Areas, Lots 2 & 3 Private
Access Area, and Lots 4 through 8 private road, referred to as Garden Ave N, as shown on the
Plat.
ARTICLE 3.—OWNERS ASSOCIATION
3.1 Descrintion of Association. The Association is a non-profit corporation organized
and existing under the laws of the State of Washington, charged with the duties and vested with
the power prescribed by law and set forth in the Governing Documents, as they may be amended
from time to time; provided, however, that no Governing Document other than this Declaration
shall for any reason be amended or otherwise changed or interpreted so as to be inconsistent with
this Declaration.
3.2 Association Board. Declarant shall, within ninety (90) days of execution of this
Declaration, select an initial Board of not fewer than three (3) persons who need not be Owners.
The initial Board shall have the full authority and all rights, responsibilities,privileges and duties
to manage the Association under the Governing Documents, and shall be subject to all provisions
of the Governing Documents. The term of the initial directors of the Board shall expire at the
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first annual meeting of the Association following their appointment by Declarant. The Board
shall elect officers of the Association from among the Board members, which shall include a
President who shall preside over meetings of the Board and meetings of the Association.
3.3 Association Membershin. Every person or entity who is an Owner shall by reason
thereof be a member of the Association. Such membership shall be appurtenant to and held and
owned in the same manner as the beneficial fee interest in the Lot to which it relates.
Membership shall not be separated from ownership of the Lot to which it relates.
3.4 Votes Annurtenant to Lots. The Association shall have two classes of voting
membership:
3.4.1 Class A. Class A members sha11 be all Owners with the exception of
Declarant. Each Owner shall be entitled to one vote for each Lot owned.
3.4.2 Class B. The Class B member shall be the Declarant who shall be entitled
to three (3) votes for each Lot owned by Declarant. The Class B membership shall cease
and be converted to Class A membership on the happening of the eazliest to occur of the
following events: (i)ten (10) years after the first Lot is sold by Declarant; or (ii) when
the total votes outstanding in the Class A membership exceed the total votes outstanding
in the Class B membership, which shall be upon the closing of the sale of eight (8) Lots
to Owners other than Declarant, Declarant's construction lender, an affiliate or either of
them, or a purchaser of several Lots in bulk; or (iii)upon written notice by Declarant to
all other Owners.
If Owners own more than one (1) Lot, then they shall have one {1) vote for each Lot owned. A
vote shall be appurtenant to and held and owned in the same manner as the beneficial fee interest
in the Lot to which it relates. A vote sha11 not be separate from ownership of the Lot to which it
relates; provided, however, that when more than one (1)person or entity holds the beneficial fee
interest in any Lot, the vote therefor shall be cast as the Owners among themselves determine,
but in no event shall more than one (1) vote be cast with respect to any Lot; and if the several
Owners of a Lot are unable to agree as to the casting of their vote, such vote shall not be counted.
3.5 Owner's Comvliance with Governin� Documents. By acceptance of a deed to a
Lot, execution of a contract therefor, or any other means of acquisition of an ownership interest,
whether or not it shall be so expressed in any such deed or other instruments, the Owner thereof
covenants and agrees thereby, on behalf of themselves and their heirs, successors and assigns, to
observe and comply with all terms of the Governing Documents of the Association, and all rules
and regulations duly promulgated pursuant to Association action.
3.6 Rules and Re�ulations. The Association shall have the power to adopt from time
to time by Association action and to enforce rules and regulations governing the use of the
Property, in addition to the use restrictions contained in this Declaration and whether or not
expressly contemplated herein, provided that such rules and regulations shall not be inconsistent
with this Declaration. The rules and regulations may not discriminate among Owners. The
Association may prescribe penalties far the violation of such rules and regulations, including but
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not limited to suspension of the right to use the Common Areas or portions thereof. Any such
rules and regulations shall become effective thirty (30) days after promulgation or amendment
and shall be mailed to a11 Owners within thirty (30) days after promulgation or amendment. A
copy of the rules and regulations then in force shall be retained by the Secretary of the
Association and shall be available for inspection by any Owner during reasonable business
hours. Such rules shall have the same force and effect as if set forth herein.
ARTICLE 4. - ASSOCIATION BUDGET,ASSESSMENTS AND LIENS
4.1 Owner's Covenant to Pav Assessments. By acceptance of a deed to a Lot,
execution of a contract therefor, or any other means of acquisition of an ownership interest,
whether or not it shall be so expressed in any such deed or other instrument, the Owner thereof
covenants and agrees thereby, on behalf of themselves and their heirs, successors and assigns, to
pay the Association, in advance, all general and special assessments levied as provided herein.
4.2 Association Bud�et. The Association shall prepare, or cause to be prepared, an
operating budget for the Association at least annually, in accordance with reasonable accounting
principles, consistently applied. The operating budget shall set forth all sums required by the
Association, as estimated by the Association,to meet its annual costs and expenses relative to the
eight (8) lots in the Plat, including: all management and administration costs; the cost of any
lighting or other utilities supplied to the Common Areas; expenses of maintaining landscaping
within the Common Areas, entry planters, and entry signs; expenses relating to the management,
maintenance and operation of the Common Areas; the cost af insurance including liability
insurance for the Common Areas, director and officer liability insurance, and fidelity insurance;
charges for any services furnished by or to the Association; the cost of any shared utilities or
utilities relating to the Common Areas; and the cost of funding all reserves established by the
Association, including, when appropriate, a general operating reserve and a reserve for
replacements. The funds required to meet the Association's annual expenses shall be raised from
a general assessment against each Owner and Lot as provided hereafter. The Association may
revise the operating budget after its preparation at any time and from time to time, as it deems
necessary or advisable in to take into account and defray additional costs and expenses of the
Association.
4.3 Ratification of Bud�et. Within thirty (30) days after adoption by the Board of any
proposed regular or special budget of the Association, the Board shall set a date for a meeting of
Owners to consider ratification of the budget. The meeting shall be scheduled not less than
fourteen (14) or more than sixty (60) days af�er the Board mails to the Owners a summary of the
applicable budget. Unless at a meeting the Owners of a majority of the votes in the Association
reject the budget, the budget is ratified, whether or not a quorum is present. In the event a budget
is rejected, the budget last approved by the Owners shall apply until a new budget is ratified by
the Owners as provided herein.
4.4 Levv of General Assessment. To meet the costs and expenses projected in its
operating budget, the Association sha11 determine and levy a general assessment, in advance, on
every Owner. The amount of each Owner's general assessment shall be the amount of the
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Association's operating budget divided by the total number of Lots. Notice of the general
assessment shall thereupon be sent to each Owner; provided, however, that notification to an
Owner of the amount of an assessment shall not be necessary to the validity thereof. Upon any
revision by the Association of the operating budget during the assessment period for which such
budget was prepared, the Association shall, if necessary, revise the general assessment levied
against the Owners and give notice of the same in the manner as the initial levy of a general
assessment for an assessment period.
4.5 Pavment of General Assessment. The Association may require that installments
of general assessments be paid on a monthly, quarterly, semi-annual or annual basis. Any Owner
may prepay one (1) or more installments on any assessment levied by the Association without
premium or penalty.
4.6 Non-Discriminatorv Assessment. Subject to Section 4.7 below with regard to
Lots owned by Declarant, assessments shall be made on a uniform and nondiscriminatory basis.
4.7 Commencement of Assessments. T'he general assessments provided for herein
shall commence as to all Lots on the day of conveyance of the first Lot; provided that the
Developer may, at its option, delay the commencement of assessments on Lots owned by
Declarant and instead pay any shortfall in the Association expenses. The due dates of any
special assessment payments shall be fixed by the Association at the time of authorizing such
special assessment.
4.8 Certificates of Assessment Pavment. Upon written request, the Board shall
furnish written Certificates certifying the extent to which assessment payments on a specified
Lot are paid and current to the date stated therein. Issuance of such Certificates shall be
conclusive evidence of payment of any assessments therein declared to have been paid. A
reasonable charge may be made by the Association for the issuance of such Certificate.
4.9 Snecial Assessments. In addition to the general assessments authorized by this
Article, the Association may, by Association action, levy a special assessment or assessments at
any time, applicable to that year only, for the purpose of defraying, in whole or in part, the cost
of any construction or reconstruction, inordinate repair or replacement of a described capital
improvement located upon or forming a part of the Common Areas, including necessary fixtures
and personal property related thereto, or for such other purpose as the Association may consider
appropriate; provided, however, that any such assessment must not have been rejected by a
majority of the votes of Owners as described in Section 4.3 above. The amount of each Owner's
special assessment for any year shall be the total special assessment for such year, divided by the
sum of the number of Lots.
4.10 Effect of Non-Pavment of Assessment. If any assessment is not paid in full
within thirty (30) days after it was first due and payable, there shall be assessed a late payment
charge of the greater of$25 or five percent(5%) of the assessment, and the unpaid amounts shall
constitute a lien against the Lot assessed and shall bear interest from such due date at the rate of
twelve percent (12%) per annum until paid. By acceptance of a deed to a Lot, execution of a
contract therefor, or any other means of acquisition of an ownership interest, and whether or not
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it shall be so expressed in any such deed or other instrument, each Owner shall be deemed to
grant thereby to the Association, its agents and employees, the right and power to bring all
actions against such Owner personally for the collection of such assessments as a debt, and to
enforce the liens created by this Declaration in favor of the Association by foreclosure of the
continuing liens in the same form of action as is then provided for the foreclosure of a mortgage
on real property. The liens provided for in this Declaration shall be for the benefit of the
Association as a corporate entity, and the Association shall have the power to bid at any lien
foreclosure sale and to acquire,hold, lease, mortgage and convey the Lot foreclosed against.
4.11 Lien to Secure Pavment of Assessments or Individual Exnenses Char�ed to the
Owner. Declarant hereby perpetually creates in the Association the power to create a lien in
favor of the Association against each Lot, to secure to the Association the payment to it of all
assessments, maintenance, repair or replacement expenses chargeable to a Lot Owner, interest,
costs and attorneys fees; and Declarant hereby perpetually subjects all Lots to such power of the
Association. Such lien sha11 arise in accordance with the terms of this Declaration without the
necessity of any further action by the Association, and any such lien when created shall be a
security interest in the nature of a mortgage in favor of the Association. Such lien shall become
a continuing lien in the amount stated in the assessment from the time of the assessment, but
expiring pro rata as the assessment payments are made, and shall also be the personal obligation
of the person or entity who is the Owner of the Lot at the time of the assessment. The personal
obligation to pay a prior assessment shall not pass to successors in interest unless expressly
assumed by them; provided, however, in the case of a sale or contract for the sale of any Lot
which is charged with the payment of an assessment, the person or entity who is the Owner
immediately priar to the date of such sale shall be personally liable for the amounts of the
monthly installments due prior to said date, and the new Owner shall be personally liable for
monthly installments becoming due on or after such date. The foregoing limitation on the
duration of the personal obligation of an Owner to pay assessments shall not, however, affect the
validity or duration of the continuing lien for unpaid assessments against the respective Lot.
4.12 Suspension for Non-Pavment of Assessment. If an Owner shall be in arrears in
the payment of any assessment due, or shall otherwise be in default of the performance of any
terms of the Governing Documents of the Association for a period of thirty (30) days, said
Owner's voting rights shall, without the necessity of any further action by the Association, be
suspended (except as against foreclosing secured parties) and shall remain suspended until all
payments, including interest thereon, are brought current and any other default is remedied. No
Owner is relieved of liability for assessments by non-use of the Common Areas or by
abandonment of a Lot.
4.13 Reserves for Renlacement. As a Common Expense, the Association mav elect to
establish and maintain a reserve fund for majar repairs to or replacement of the Common Areas
and any improvements thereon by the allocation and monthly payment to such reserve fund of an
amount to be designated from time to time by the Association. Any reserve fund shall either be
deposited with a banking institution, the accounts of which are federally insured or, in the
discretion of the Association, shall be invested in obligations of, or fully guaranteed as to
principal by, the United States of America. The reserve fund shall be expended only for the
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purpose of affecting the major repair to or replacement of the Common Areas and any
improvements thereon developed as a part of the Property, as well as operating contingencies of
a nonrecurring nature. The Association may establish such other reserves for such other
purposes as it may from time to time consider necessary or appropriate. The proportional
interest of any Owner in any such reserves shall be considered an appurtenance of their Lot and
shall not be separately withdrawn, assigned or transferred, or otherwise separated from the Lot to
which it appertains, and shall be deemed to be transferred with such Lot.
4.14 Additional Oneratin� Reserve. In addition to the reserve fund which may be
created under Section 413 above, the first time a Lot is sold or conveyed, such first Owner shall
pay to the Association an amount equal to one-sixth of the annual general assessment. The
Association may use this payment as a working capital reserve and it is not a deposit or an
advance payment of assessments.
ARTICLE 5. - SUBORDINATION OF LIENS
5.1 Intent of Provisions. The provisions of this Article 5 apply for the benefit of each
Mortgagee who lends money for purposes of construction or to secure the payment of the
purchase price of a Lot.
5.2 Mort�a�ee's Non-Liabilitv. The holder of a Mortgage shall not, by reason of the
security interest only, be liable for the payment of any assessment or charge, or for the
observance or performance of any covenant or restriction, except only those enforceable by
equitable relief and not requiring the payment of money, and except as hereafter provided.
5.3 Mortsa�ee's Ri�hts durine Foreclosure. During the pendency of any proceeding
to foreclose a Mortgage, including any period of redemption, the holder of the Mortgage, or the
receiver, if any, may exercise any or all of the rights and privileges of the Owner of the
encumbered Lot, including but not limited to the right to vote in the Association to the exclusion
of the Owner's exercise of such rights and privileges.
5.4 Mort�a�ee as Owner. At such time as a Mortgagee shall become the record
Owner of the Lot previously encumbered by the Mortgage, the Mortgagee shall be subject to all
of the terms and conditions of this Declaration, including the obligation to pay for all
assessments and charges in the same manner as any Owner.
5.5 Mort�a�ee's Title Free and Clear of Liens,. A Mortgagee ar other secured party
acquiring title to a Lot through foreclosure, suit, deed of trust sale, deed in lieu of foreclosure or
equivalent method, shall acquire title to the encumbered Lot free and clear of any lien authorized
by or arising out of the provision of this Declaration, insofar as such lien secures the payment of
any assessment or charge installment due but unpaid for the period of more than six (6) months
prior to the date of such mortgage acquiring title to a Lot befare the final conclusion of any such
proceeding, including the expiration date of any period of redemption. Such party so acquiring
title shall be responsible for six (6) unpaid assessments for the most recent six (6) months before
the month in which it so acquired title. The Association may treat any unpaid assessments
against a Lot foreclosed against as a Common Expense, in which case it shall prorate such
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unpaid assessments among the remaining Lots, and each such remaining Lot shall be liable far
its prorated share of such expense in the same manner as for any other assessment.
5.6 Survival of Assessment Obli�ation. After the foreclosure of a security interest in
a Lot, any unpaid assessments shall continue to exist and remain as a personal obligation of the
Owner against whom the same was levied, and the Association shall use reasonable efforts to
collect the same from such Owner.
5.7 Subordination of Assessment Liens. Except as provided herein, the liens for
assessments provided for in this Declaration shall be subordinate to the lien of any Mortgage or
other security interest placed upon a Lot as a purchase price security interest; and the Association
will, upon demand, execute a written subordination document to confirm the particular superior
security interest. The sale or transfer of any Lot or any interest therein shall not affect the liens
provided for in this Declaration except as otherwise specifically provided for herein.
ARTICLE 6. -USE COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS
6.1 Authorized Uses. The Property shall be used solely for residential purposes.
6.2 Approval of Buildin� or Clearin� Plans ReQuired. No home, fence, wall or other
structure shall be commenced, erected or maintained upon a Lot or any other portion of the
Property, nar shall any exterior addition to, change or alteration therein be made, until after the
details and written plans and specifications showing the nature, kind, shape, height, materials,
colors and location of the same shall have been submitted to and approved in writing by the
Architectural Control Committee as described in Article 11 below and the City of Renton.
6.3 Leasin� Restrictions. No home may be leased or rented by any party for a period
of fewer than thirty (30) days, nor shall less than the whole of any Home be leased or rented.
Each lease or rental agreement shall be in writing and shall by its terms provide that it is subject
in all respects to the provisions of the Governing Documents. Any failure by a lessee to comply
with the terms of the Governing Documents shall be a default under the lease, whether or not it is
so expressed therein. Other than the foregoing, there is no restriction on the right of any Owner
to lease their home.
6.4 Animals. No animals, livestock or poultry of any kind shall be raised, bred or
kept; provided, however, that dogs, cats or other conventional household pets may be kept if they
are not kept, bred or maintained for any commercial purposes. No domestic pet may be kept if it
is a source of annoyance or a nuisance. The Association shall have the authority to determine
whether a particular pet is a nuisance or a source of annoyance, and such determination shall be
final and conclusive. Pets shall be attended at a11 times and shall be registered, licensed and
inoculated from time to time as required by law. When not confined to the Home, pets must be
accompanied by a responsible person and be on a leash. Each Owner must accompany their
animal(s) to remove animal waste deposited on Common Areas or the other Lots including the
Common Area Tracts. The failure to do so may result in fines from the Association. The
Association shall have the responsibility for preparing and distributing the fine schedule.
Page 10 of 22
_��.�
6.5 Commercial Uses. No comrnercial enterprise, including itinerant vendors, shali
be permitted on any Lot ar in any home; provided, however, that the Assaeiation may permit
specified home occupatians as listed by the �ity of Rentan to be canducted if allowed by law
and if such accupatian wiil not, in the reasonable judgment of the Association, cause traffic
cangestion or other disruptian of the Renton Park Ave Community.
6.6 Recreationai Vehicies. Na boats, trailers or recreational vehicles shal� be stored
or kept on any Lot for a period af more than twenty-four {24} hours, unless said boat, trailer or
recrea#ional vehicle is enclosed ar screened such that it is not visible fram any street or any ather
Lat in the plat.
6.7 Parkin�. No vehicles may be parked on any roads or streets in the Property,
inctudang the private easements, except as nated on the Plat or as designated by the City of
Rentan. Vehicles may only be parked in garages and driveways Ic�cated an an Owner's awn Lot.
Visitor parking is permitted on driveways for reasonable period of time. RV's shall be screened
to minimize the visibility of the RV. No vehicle may be parked in a manner which blocks or
impairs another 4wner's vehicular access to their Parcel.
6.$ Garba�e. All garbage, refuse and rubbish shall be deposited in a suitable cavered
container. Trash and garbage containers shall not be permitted to remain in public view except
on days of trash collection. Na incinerator shall be kept ar maintained, and no burning of any
trash,refuse or scrap af any kind shall be permitted.
6.9 Utilities Under�round. Except for hoses and the like which are xeasonably
necessary in connection with normal lawn maintenance, na water pipe, sewer pipe, gas pipe,
drainage pipe, telephone, pawer, television or similar transmission line shall be installed or
maintained above the surface of the ground.
6.10 Si ns. Except for entrance, street, directional, traf#"ic control and safety signs, no
signs or advertising devices of any character shall be erected, posted ar displayed upon, in or
about the Praperty; provided, hawever, that one (1} temporary real estate sign r�at exceeding six
(6) square feet in area may be erected upan any Lot or attached to any home (at a location
approved by the Board) placed upon the market for sale or lease, Any such temporary real estate
sign shall be removed promptly following the sale ar renta.l of such Lot. This prahibition shall
not prohibit entrance signs identifying the Renton Park Ave Community, or initial community
marketing signs ereeted by the Declarant or his assigns during the initial sales of the Lots azZd
Homes in the Community. No signs of a political nature may be placed an ar visible from any
Lot or Home, except for political yard signs placed by an Owner or resident befare any primary
or general election.
6.11 No Obstruction af Easements. No structure, planting or other material shall be
placed or permitted to remain upon any portian of the Property which may damage or interfere
with any easement, private road, or the installation af maintenance of utilities, or which may
reasanably change, abstruct ar retard direction of flow of any drainage channels.
Page 11 of 22
6.1 Z Antennae and Satellite Dishes. No external short wave or citizens' band antennae,
free-standing or roof antenna towers, of any kind shall be permitted in the Property without the
written consent of the Association. However, satellite dishes may be installed in accordance
with FTC regulations, but not on fences, deck railings, roof tops, or street side elevations.
Notwithstanding the foregoing, a satellite dish may be installed in the street side yard or front
yard of the property when that is the only location where the Owner can receive an acceptable
quality of signal. The Owner shall take reasonable steps to screen the satellite dish with plants
and shrubs without interfering with the signal.
Owners' Maintenance Resnonsibilities. The maintenance, upkeep and repair of
individual Lots and homes shall be the sole responsibility of the individual Owner thereof. The
Owners of Lot 2 and 3 shall bear the sole responsibility for the maintenance, upkeep and repair
of the shared Private Access Easement area and all appertunances as noted in the Plat. The
Owners of Lots 4 through 8 shall bear the sole responsibility for the maintenance, upkeep and
repair of private road described in the Plat as Garden Ave N and all appertunances not owned by
the City of Renton, as specified in the Plat. Owners shall maintain their Lots and any and all
appurtenances thereto in good order, condition and repair, and in a clean and sanitary condition
at all times. Without limitations to the foregoing, each Owner shall be obligated to promptly
complete and maintain the landscaping on their Lot, in side or backyard areas, in a healthy and
attractive state and in a manner comparable to that on the other Lots. In the event an Owner fa.ils
to maintain or repair the landscaping in areas visible from the street, or the Private Access area,
or the Private Road described as Garden Ave N, the Association may, at its option, maintain the
landscaping, Private Access area, or the Private Road known as Garden Ave N and charge the
offending Owner(s) for the cost of that maintenance or repair. The Association shall have an
easement over those portions of the Lots as may be required to perform such landscaping and
maintenance.
6.13 Association Maintenance and Landscane Easement. The Association shall
maintain all Common Areas including Tract A in accordance with the requirements of the Plat
and shall include the cost of that maintenance in the Association Budget adopted pursuant to
Section 4.2 above.
6.14 Weanons. No firearms of any kind ar nature, including rifles, handguns, bows,
slingshots, BB guns, slings, traps or any other like weapon, shall be used or discharged within
the Property.
6.15 Nuisances Prohibited. No noxious or offensive trade or activity shall be
conducted in any portion of the Property, nor shall anything be done or maintained therein in
derogation or violation of the laws of the State of Washington, the City of Renton, or any other
applicable governmental entity. Nothing shall be done or maintained on any portion of the
Property which may be or become an annoyance or nuisance to the neighborhood or other
Owners, or detract from the value of the Renton Park Ave Community. The Association shall
determine by Association action whether any given use of a Lot or home reasonably interferes
with the rights of the other Owners to the use and enjoyment of their respective Lots and homes,
or of the Common Areas, and such determinatian shall be final and conclusive.
Page 12 of 22
6.16 Fences. No fence, wall, hedge or mass planting, other than a foundation planting,
shall be permitted to extend beyond the front line of the house; provided, further, that no fence,
wall, hedge or mass planting shall extend higher than six feet (6') above the ground in the rear,
and four feet (4) in the front per City Code. Except for any fences which have been originally
installed by Declarant, all fences or wa11s sha11 be of cedar or shall be black coated chain link,
and shall be a "good neighbor" type (finished equally on both sides) and when adjoining on
adjacent lots, every attempt shall be made to match or blend designs. The Association shall
maintain, repair, replace,paint or stain as an Association expense, any fence which is located in a
Common Area or which abuts a Common Area or landscape easement. Fences along the
common boundary between adjoining Lots shall be jointly maintained by the Owners of those
adjoining Lots. Fences located on a Lot boundary which does not abut a Common Area shall be
maintained by the Owner of the subject Lot.
6.1? Sheds. Sheds and other structures permitted under the applicable City of Renton
Building Code shall be constructed in such a way as to be complementary in color, materials and
design with the residence on each Lot. All structures must also be in compliance with approved
architectural standards, including approval by adjoining Lot Owners pursuant to Article 11
herein and all City requirements.
ARTICLE 7. -COMMON AREAS AND STORM DETENTION FACILITIES
7.1 Title to Common Areas. The Owners shall each own an undivided tenancy in
common interest in the Common Areas designated as separate tracts on the Plat, including but
not limited to Tract A. The Owners of Lot 2 and 3 shall each own an undivided tenancy in
common interest in the Private Access area. The Owners of Lots 4 thought 8 shall each own an
undivided tenancy in common interest in the Private Road designated as Garden Ave N.
7.2 Owners' Common Ri�hts. Upon its creation as a Common Area, every Common
Area shall be subject to an easement of common use and enjoyment in favor of the Association
and every Owner, their heirs, tenants, successors and assigns, in accordance with the terms and
conditions of the Governing Documents. Such easement shall be appurtenant to and shall not be
separated from ownership of any Lot, and shall not be assigned or conveyed in any way except
upon the transfer of title to such Lot, and then only to the transferee of such title, and shall be
deemed so transferred and conveyed whether or not it shall be so expressed in the deed or other
instrument conveying title.
7.3 Maintenance of Common Areas. The Association shall maintain, repair, replace,
improve and otherwise manage a11 of the Common Areas, if any, so as to keep them in good
repair and condition, and shall conduct such additional maintenance, repair, replacement,
construction or reconstruction as may be determined pursuant to Association action to promote
the recreation, health, safety and welfare of the Owners. Any action necessary or appropriate to
the maintenance and upkeep of the Common Areas, including or as well as the storm detention
area and facilities on Tract A, any and all Common Area landscape areas along and any utility
facilities applicable to the Common Areas shall be taken by the Association unless conveyed and
accepted by the City of Renton. The portion of the expense allocable to the Lots of maintaining,
Page 13 of 22
repairing, replacing, improving and managing any Common Area shall be shared by Owners on
the basis described in Section 4, regardless of where such Common Area is located. This
obligation shall include the expense of repairing, replacing, improving and managing the items
described above.
The Declarant has posted a Maintenance Bond as required by the City of Renton. If the
Association fails to maintain Tract A in the same condition as it was at the time of turnover
during the bonded maintenance period, Declarant has the right to hire a licensed vendor and bill
the Association for direct costs. Non-payment by the Association may result in Declarant placing
a lien against all properties within the Association until such time as the maintenance bond is
released by the City.
7.4 Street Li�ht within the Plat. N/A.
7.5 Citv of Renton Anproval. The City of Renton shall reserve the right to approve
any amendment or modification that will affect the maintenance or operation of the Common
Areas, privately maintained storm water facilities, and street lights that are under the control of
the Association.
ARTICLE 8.—PRIVATE STORM DRAINAGE EASEMENT
8.1 Private Storm Draina�e Easement. All Lots shall be benefited and burdened by
easements for those portions of the Storm Water Drainage Facilities which are located on or
which serve those Lots, including catch basins and drain lines. The Association shall be
responsible for the maintenance, repair and replacement those portions of the Storm Water
Drainage Facilities which are located on such Owner's Lots. The Association may specially
assess any Owner for the cost of repairing damage to the Storm Water Drainage Facilities which
the Association determines was caused by such Owner or his or her occupants.
ARTICLE 9. —MAINTENANCE
9.1 Maintenance of Pronertv. Each Owner shall, at his ar her own expense, keep the
Lot owned by such Owner, and all improvements therein and thereon, in a clean and sanitary
condition, free of rodents and pests, and in good arder and repair, and free of debris, in a manner
and with such frequency as is consistent with good property management, and as is consistent
with the level of maintenance maintained by the other Owners, whichever standard is higher, and
shall do all redecorating, painting, landscaping and maintenance at any time necessary to
maintain the good appearance and condition of the Lot and Home. Each Owner shall maintain
the yard and landscaping improvements located on their Lot within each respective fenced area,
including lawn mowing, fertilizing (being mindful and respectful of the health and safety of
other Owners' pets) and pruning the grass, shrubbery, trees and other plantings on a rautine basis
in accordance with good customary residential yard maintenance practices within the Plat, and
shall be mindful of view corridors available to the adjoining Owners in the placement of trees,
shrubs and other vegetation.
Page 14 of22
9.2 Utilities within Parcels. Each C}wner shall maintain all utility facilities located on
his or her Lot up to the cannectian with the main line except the Cammon Area Starm Drainage
Facilities which the Association shall maintain.
ARTICLE 14. - INSURANCE
10.1 Qwner's Insurance. Each Owner shall continuously maintain in effect insurance
with respect to their Lat aiad Hc�me covering casualties and liabilities typically covered by
homeowners insurance. Casualty insurance must be in an amo�nt equal to t1�e entire cost of
rebuilding or replacing the insured Home.
10.2 Reconstruction. ln the event of damage or destruction by fire or other casualty tQ
any Home or other insurable improvements on a Lot, the Clwner thereof shall, upon receipt of
insurance proceeds, promptly repair or rebuild such damage or destroyed portions of the Home
and such other imprflvements in a good and workmanlike maru�er substantially in accordance
with the original plarns and specifications for the home and other improvements.
10.3 Assaciatic�n Insurarice. Cc�mmencing not later than the closing of the first
conveyance of a Lot to a person other tl�an Declarant or an affiliate of Declarant, the Association
shall maintain, ta the extent reasanably available: (a)commercial general liability insurance,
{b)liability insurance far directors and c�fficers, and (c) such other insurance as the Board deems
advisable, The Board sha11 review at least annually the adequacy of the Association's insurance
coverage. All insurance shall be abtained from insurance carriers that are generally acceptable
for similar projects, autharized to do business in the state of Washington, and meet the specific
requirements of FNMA, FHA or VA, so long as any of them is a Mortgagee ar C?wner af a Lat,
except to the extent such coverage is not available pr has been waived in writirig by them. All
such i�surance policies shall provide that coverage may not be cancelled or substantially reduced
without at least forty-five (45} days' prior written natice (ten [1Q] days for cancellation for
nonpayment af premium)to the Association as the first named insured therein.
The liability insurance coverage shall insure the Baard, the Associatian, the Owners, the
Declarant and any property manager engaged by the Associatian, and shall cover all of the
CQmmnn Areas in the Plat with a"Severability of Interest Endorsement" ar equivalent coverage
which would preclude the insurer fro�n denying the claim af an Owner because of the negligent
acts of the Association or af anather Clwner, and shall cover liability t�f the insureds far property
damage and bodily injury and death of persons arising out t�f the aperation, maintenance and use
of the Cornmon Areas, and such other risks as are customarily cavered with respect to residential
communities af similar size, construction, location and use, The lirnits of liability shall be in
a2nounts generally required by Mortgagees for projects of similar construction, location and use,
but shall be at least 4ne Million Dflllars($1,OOQ,OQO)combined single lirnit for bodily injury and
property damage per occurrence,and Two Million Dollars($2,OQ0,400)general aggregate.
ARTICLE 11.—ARCHITECTURAL CONTRQL
11.1 General. Na irnprovements (including staking, clearing, excavation, grading and
other site work), exterior alterati+an of existing improvements (including painting�, placement or
Page 15 of 22
posting of any object or thing on the exterior of any Lot or the Common Areas (e.g., fences,
signs, antennas, satellite dishes, clotheslines, playground equipment, lighting, temporary
structures, artificial vegetation, exterior sculptures and fountains) shall take place except in
compliance with this Article, Article 6, and with the approval of the appropriate committee under
Section 11.2.
An Owner may remodel or redecorate the interior of his or her Hame in any manner
desired and, subject to Section 9.2 above, repaint the exterior of structures in accordance with the
originally approved color scheme ar rebuild structures in accordance with originally approved
plans and specifications without approval under this Article; however, modifications to the
interior of screened porches, patios and similar portions of a Lot visible from outside the Lot
shall require approval under this Article. Each Home shall incorporate a minimum two (2) car
garage, designed and constructed as an integral part of the Home.
Each Home constructed on a Lot sha11 be designed by and built in accordance with the
plans and specifications of a building designer, licensed architect or engineer. All Homes shall
be constructed of new conshuction materials on-site, unless otherwise approved by the
appropriate committee under Section 11.2, and shall be constructed in compliance with all
applicable building codes.
This Article shall not apply to (a)activities of Declarant, or (b) improvements or
modifications to the Common Areas by or on behalf of the Association.
This Article may not be amended without Declarant's written consent so long as
Declarant owns any Lot.
11.2 Architectural Review. A committee of Lot Owners ("Owner ACC") shall review
applications for construction and modifications under this Article. T'he Owner ACC may
establish reasonable fees for review of applications by the Owner ACC and their consultants, if
any, and require them to be paid by the Owner submitting such application prior to review. The
Owner ACC sha11 consist of three (3) Owners whose properties adjoin or face the applicant's
property, (roads and easements within the Property shall not be considered for the purpose of
determining which Lots adjoin one another), and the Owner ACC shall have exclusive
jurisdiction over all original construction of any Lot. A decision by a majority of the three (3)
members of the Owner ACC to approve an application from an Owner shall be final and binding
upon the Owners. Until all Lots have been developed and conveyed to Owners other than
Declarant, an affiliate of Declarant, or builders intending to resell the Lot in the normal course of
development and sale, Declarant may appoint all members of the Owner ACC who shall serve at
Declarant's discretion. After a11 Lots have been developed and conveyed to the Owners other
than the Declarant, an affiliate of Declarant, or builders intending to resell the Lot, or earlier at
Declarant's option, the members of the Owner ACC appointed by Declarant shall resign, and the
Owners will appoint new Owner ACC members each time an application for construction work
or modifications is submitted, at which time the Owners shall determine which Lots adjoin the
applicants property, and the adjoining Lot Owners shall be appointed. The Owner ACC shall
Page 16 of 22
also have exciusive jurisdiction over modificatians, additions or alterations made an or tc�
existing Homes and other structures an Lots.
11.3 Guidelines and Procedures. Declarant may prepare initial design, development
and construction guidelines and application a�d review procedures (the "Residential Design
Guidelines"}, which may contain general provisions applicable to all of the Lots and specific
provisions which vary from ane Lot to another depend�ng upon the location, eharacteristics and
intended use thereof. Plans and specifications shawing the nature, kind, shape, calor, size,
materials and location of all proposed construction and madifications shall be submitted to the
4wner ACC for review and approval. In reviewing each submission, the Qwner ACC may
consider the quality of workmanship and design, harmany of external design with existing
structures, and location in relation to surrounding str�zctures, topagraphy and finish grade
eievatian, and other factars,as well as any Residential Design Gruidelines.
11.4 Na Waiver c�f Future A�brovals. The approval of any proposals, plans,
specifications,drawings or other matters in any one instance sha11 nat be deemed a waiver af any
right to withhold subsequent appraval of any similar proposals, plans, specifications, drawings or
matters.
11.5 Variances. The Qwner ACC may authorize variat�ces in writing from its
guidelines and procedures, but only: (a}in accordance with duly adopted rules and regulations,
(b}when unique circumstances dictate, such as unusual topography, natural obstructions,
hardship or aesthetic or environmental cansideratians require, and {c}when canstruction in
accordance with the variance wc�uld be consistent with the purpc�ses of the Declaratic�n and
compatible with existing and anticipated uses of adjoining Lots. Inability to obtain or the terms
of any governmental appraval, or the terms of any financing shall not be considered a hardship
warranting a variance.
11.6 Limitation t�f Liabilitv. The Clwner ACC shal] not be responsible for the
structural integrity or soundness of approved construction or modifications, Qr for ensuring
compliance with building codes and other governmental requirements. None af the Declarant,
the Association, Uwner ACC, or any member of any of them shall be liable for any injury,
damages or]oss arising out of the rnanner or quality of approved construction or modifications.
11.7 Enforcement. Any construction, alteration or other work dane in violation of this
Article shall be deemed nanconforrning. C1n written request from the Board ar Declarant, the
offending Owner shall, at his or her awn expense, cure such noncanformance to the satisfactian
of the requester ar restore the Lat to substantially the same condition as existed prior to the
nonconforming work. If an Owner fails to so cure ar restore, the Board, Declarant or their
designees may do sa at the 4wner's expense and specially assess the cost against the offending
Lot under Section 4.9.
Any contractar, subcontractor, agent, ernployee or other invitee af an Owner who fails to
comply with this Article may be excluded by the Board from the Plat, subject to notice and an
apportunity to be heard as provided belaw. In such event, none of the Assaciation, its officers or
rag���ofzz
directors shall be held liable to any Owner or other person for exercising the rights granted by
this paragraph.
In addition, the Board may, on behalf of the Association, pursue all legal and equitable
remedies available to enforce this Article and the decisions of the Owner ACC.
Whenever this Declaration allows an Owner or other person "notice and opportunity to
be heard," the following procedure shall be observed: The Board shall give written notice of the
proposed action to all Owners, tenants, or occupants of Lots whose interest would be
significantly affected by the proposed action. The notice shall include a general statement of the
proposed action and the date, time, and place of the hearing, which sha11 be not less than five (5)
days from the date notice is delivered by the Board. At the hearing, the affected Owner or other
person shall have the right, personally or by a representative, to give testimony orally, in writing
or both (as specified in the notice), subject to reasonable rules of procedure established by the
Board to assure a prompt and orderly resolution of the issues. Such evidence shall be considered
in making the decision but shall not bind the Board. The affected Owner or other person shall be
notified of the decision in the same manner in which notice of the meeting was given.
ARTICLE 12. -ENFORCEMENT
12.1 Ri�ht to Enforce. The Association, Declarant or any Owner shall have the right to
enforce, by any appropriate proceeding at law or in equity, all covenants, conditions, restrictions,
reservations, liens and charges now or hereafter imposed by the provisions of this Declaration.
Failure or forbearance by any person or entity so entitled to enforce the provisions of this
Declaration to pursue enforcement shall in no event be deemed a waiver of the right to do so
thereafter.
12.2 Remedies Cumulative. Remedies provided by this Declaration are in addition to,
cumulative with, and are not in lieu of other remedies provided by law. There sha11 be, and there
is hereby created and declazed to be, a conclusive presumption that any violation, breach or
attempted violation or breach of the covenants, conditions and restrictions herein cannot be
adequately remedied by an action at law or exclusively by recovery of damages.
12.3 Covenants Runnin� With the Land. The covenants, conditions, restrictions, liens,
easements, enjoyment rights and other provisions contained herein are intended to and shall run
with the land and shall be binding upon all persons purchasing, leasing, subleasing or otherwise
occupying any Lot or other portion of the Plat, their heirs, executors, administrators, successars,
grantees and assigns. All instruments granting or conveying any interest in any Lot and all
leases or subleases shall refer to this Declaration and shall recite that it is subject to the terms
hereof as if fully set forth herein. However, all tertns and provisions of this Declaration are
binding upon all successors in interest despite an absence of reference thereto in the instrument
of conveyance, lease or sublease.
Page 18 of 22
ARTICLE 13. -AMENDMENT AND REVOCATION
13.1 Amendment bv Association. This Declaration may be amended by an instrument
executed by the Association for and on behalf of the Owners; provided, however, that such
Amendments shall have received the prior approval of a vote of the Owners having seventy-five
percent (75%) of the total votes in the Association.
13.2 Amendment bv Declarant. The Declarant may unilaterally amend this Declaration
if such amendment is necessary to: (a) bring any provision into compliance with any applicable
government statute or regulation or judicial determination; (b) enable any reputable title
insurance company to issue title insurance coverage on the Lots; (c) enable any institution or
government agency to make or purchase mortgage loans on the Lots; (d) enable any government
agency or reputable private insurance company to insure or guarantee Mortgage loans on the
Lots; or (e) otherwise satisfy the requirements of any government agency or governmental
regulations. However, any such amendment shall not adversely affect the title to any Lot without
the written consent of its �wner. So long as Declarant owns any Lot, it may unilaterally amend
this Declaration for any other purpose, provided the amendment shall have no material adverse
affect upon any substantive right of any Owner and shall not adversely affect the title to any Lot
without the written consent of the affected Owners.
13.3 Effective Date. Amendments shall take effect only upon recording with the
Snohomish County Department of Records and Elections, or any successor recording office.
ARTICLE 14. - GENERAL PROVISIONS
14.1 T�es. Each Owner shall pay without abatement, deduction or offset, all real and
personal property taxes, general and special assessments, including local improvement
assessments, and other charges of every description levied on or assessed against their Lot, or
personal property located on or in the Lot ar Home. The Association shall likewise pay without
abatement, deduction or offset, all of the foregoing t�es, assessments and charges levied or
assessed against the Common Areas, if the t�ing authority does not impose the same against the
Owners as tenants in common of those Common Areas.
14.2 Non-Waiver. No waiver of any breach of this Declaration shall constitute a
waiver of any other breach,whether of the same or any other covenant, condition or restriction.
14.3 Attornevs' Fees. In the event of a suit or action to enforce any provision of this
Declaration or to collect any money due hereunder or to foreclose a lien, the unsuccessful party
in such suit or action shall pay to the prevailing party all costs and expenses, including title
reports and all attorneys' fees that the prevailing party has incurred in connection with the suit or
action, in such amounts as the court may deem to be reasonable therein, and also including all
costs, expenses and attorneys' fees incuned in connection with any appeal from the decision of a
trial court or any intermediate appellate court.
Page 19 of 22
14.4 No Abandonment of Obligation. No Owner, through their non-use of any
Common Area, or by abandonment of their Lot or Home, may avoid or diminish the burdens or
obligations imposed by this Declaration.
14.5 Interaretation. The captions of the various articles, sections and paragraphs of
this Declaration are for convenience of use and reference only and do not define, limit, augment
or describe the scope, content or intent of this Declaration or any parts of this Declaration. The
neuter gender includes the feminine and masculine, the masculine includes the feminine and
neuter, and the feminine includes the masculine and neuter, and each includes a legal entity when
the context so requires. The single number includes the plural whenever the context so requires.
14.b Severabilitv. Invalidation of any one of these covenants, conditions, restrictions,
easements or provisions by judgment or court order sha11 in no way affect any other of the same,
all of which shall remain in full force and effect.
14.7 Notices. All notices, demands or other communications ("Notices") permitted or
required to be given by this Declaration shall be in writing and, if mailed, postage prepaid by
certified or registered mail, return receipt requested (if a Notice to Declarant, the Association, or
to fewer than all Owners), or if mailed first-class postage prepaid (if a Notice to all Owners),
shall be deemed given three (3) days after the date of mailing thereof, or on the date of actual
receipt, if sooner; otherwise, Notices shall be deemed given on the date of actual receipt.
Notices shall be addressed to the last known address of the addressee. Notice to any Owner may
be given at any Lot or Home owned by such Owner; provided, however, that any Owner may
from time to time by notice to the Association designate such other place or places or individuals
for the receipt of future Notices. If there is more than one Owner of a Lot, notice to any one
such Owner shall be sufficient. The address of Declarant and of the Association shall be given to
each Owner at or before the time they become an Owner. If the address of Declarant or the
Association shall be changed, notice shall be given to all Owners.
14.8 Applicable Law. This Declaration shall be construed in all respects under the
laws of the State of Washington.
IN WITNESS WHEREOF, THE UNDERSIGNED DECLARANT HAS EXECUTED
THIS DECLARATION THE DAY AND YEAR FIRST ABOVE WRITTEN.
RENTON PARK AVE LLC, a Washington limited
liability company
Page 20 of 22
BY: Kendall Homes, LLC, a �Jashington limited
iiability company, its mernber
B : /�%�'`'" t�"'--��-
Y
Kevi�i Murray, ana r
STATE OF WASHINGTON �
) §
COUNT� OF KING }
I certify that 1 know or have satisfactory evidence that Kevin Murray is the persnn who
acknowledged that he signed this instrument and on oath stated that he was authorized to execute
the instrument and acknowledged it as the Mana�;er of Kendall Homes LLC, a Washington
lirnited liability campany, which is a member of Rentan Park Ave LLC, a Washington lirnited
liability company, to be his free and voluntary act af such party for the uses and purposes
mentianed in the instrurnent.
Dated: ����.� �`� . 2016.
'-.�a
: I.INDA R. ViIHiTE � �
- �vo�a�Y�usuc '
� S7ATE OF WASHINGTON
� co��nissax��xPi�Es Print Name: G•.�.�.d« t,�t.�.�+�-
= JUNE 7, 2018 NOTARY PUBLIC in and for the state of
Washington residing in�,e�a�,t-+�
My appointment expxres c..a•��c�s �
k'age 21 of 22
. �
EXHIBIT A
LEGAL DESCRIPTIQN
PARCEL A
TRAGT 43; EXCEPT NORTH 100 FEET AND EXCEPT�VEST 158 FEET Gl� SO�UTH 65
FEET 4F NORTH I65, HILLMAN'S LAKE WASHINGTON GARDEN C}F ELIEN
ADDITIUN T�} SEATTLE NO. l, ACC4RDING TtJ PLAT THEREOF RECORDED
VOLUMF. 11 4F PLATS, PAGE b3, tN KING C4UNT�, VJASHINGTON.
PARCEL B
THE NORTH l OQ FEET OF LOT 43, HILLMAN'S LAKE WASHINGTON GARDEN C?F
EDEN DIVISION NUMBER l, LESS THE SQUTH 40 FEE'T OF THE WEST 144 FEET,
ACCORDING TO THE PLAT THER�OF, RECORDED IN V4LUME 11 OF PLATS,PAGE
63, IN KING COUNTY, WASHINGTON.
Page 22 af 22