HomeMy WebLinkAboutL_Kinkade_Crossing_Draft_CCRs_171107_v2
After Recording Return to:
Nordic Ridge, LLC
Attn: Jeffrey E. Hamilton
15 Lake Bellevue Drive, Suite 102
Bellevue, WA 98005
____________________________________________________________________________
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
FOR
KINKADE CROSSING, A PLANNED RESIDENTIAL DEVELOPMENT
Grantor:
Nordic Ridge, LLC, a Washington limited liability company
Grantee:
Nordic Ridge, LLC, a Washington limited liability company;
Kinkade Crossing Homeowners’ Association, a Washington non-profit corporation
Abbreviated Legal Description:
Lot 2, KC LLA #S91L0057, 9407260512.
Assessor’s Property Tax Parcel/ Account Number:
322305-9303-05
DECLARATION OF COVENANTS, CONDITIONS,
AND RESTRICTIONS FOR KINKADE CROSSING
A PLANNED RESIDENTIAL DEVELOPMENT
THIS DECLARATION is made on the date set forth below by Nordic Ridge, LLC, a Washington limited liability company (“Declarant”).
RECITALS
A. Declarant is the owner of that certain real property located in King County, Washington, and more particularly described in Article 2 of this Declaration.
B. Declarant desires to subject the real property described in Article 2 hereof to the provisions of this Declaration to create a residential community of single-family homes (as “Single
Family Home” is defined below) and related uses as set forth in Section 6.2 hereof.
NOW, THEREFORE, Declarant hereby declares that the real property described in Article 2 of this Declaration, including the improvements constructed or to be constructed thereon, is hereby
subjected to the provisions of this Declaration and shall be held, sold, transferred, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to the covenants, conditions,
restrictions, easements, assessments, and liens, hereinafter set forth, which are for the purpose of protecting the value and desirability of, and which shall run with the title to,
the real property hereby or hereafter made subject hereto, and shall be binding on all persons having any right, title, or interest in all or any portion of the real property now or
hereafter made subject hereto, their respective heirs, legal representatives, successors, successors-in-title, and assigns and shall inure to the benefit of each and every owner of
all or any portion thereof.
ARTICLE 1
DEFINITIONS
1.1 Words Defined. The following words, when used in this Declaration or in any Supplementary Declaration (unless the context shall prohibit), shall have the following meanings:
1.1.1 “Association” shall mean the Kinkade Crossing Homeowners’ Association, a Washington nonprofit corporation, its successors and assigns.
1.1.2 “Board of Directors” or “Board” of the Association shall be the appointed or elected body, as applicable, having its normal meaning under Washington law.
1.1.3 “Builder” means any residential homebuilder who purchases a Lot from Declarant for the purpose of constructing a Single Family Home on such Lot.
1.1.4 “Bylaws” shall refer to the Bylaws of the Kinkade Crossing Homeowners’ Association.
1.1.5 “Common Areas” shall mean any and all real and personal property and easements and other interests therein, together with the facilities and improvements located thereon as designated
on the Plat (as defined below) or as otherwise conveyed to the Association for the common use and enjoyment of the Owners. Specifically, the Common Areas include Tract A, which is
a landscape tract, Tract B which is a stormwater tract, and Tract C which is a private access and open space tract. The Association shall maintain the Common Areas including landscaping
and trees within the detention facility, and the open space within Tract C.
1.1.6 “Community” shall mean and refer to that certain real property and interest therein described in Article 2, and such additions thereto as may be made by Declarant by Supplementary
Declaration.
1.1.7 “Community-Wide Standard” shall mean the standard of conduct, maintenance, or other activity generally prevailing in the Community. Such standard may be more specifically determined
by the Board of Directors. Such determination, however, shall generally be made with reference to the standards originally established by the Declarant.
1.1.8 “Declarant” shall mean and refer to Nordic Ridge, LLC, and its successors-in-title and assigns, provided any such successor-in-title or assign shall acquire for the purpose of
development or sale all or any portion of the remaining undeveloped or unsold portions of the real property described in Article 2; provided, further, such successor Declarant shall
hold exclusively all rights of the former Declarant in and to such status as “Declarant” hereunder and the rights of Nordic Ridge, LLC, shall cease, it being understood that as to all
of the property described in Article 2, which is now subjected to this Declaration, there shall be only one “Declarant” hereunder at any one point in time.
1.1.9 “Development Period” shall mean that period of time beginning on the date this Declaration is recorded in the records of King County and ending on the earliest to occur of (i)
ten (10) years from the date of recording of this Declaration; or (ii) the date Declarant elects, at a special meeting of the Association in accordance with the Bylaws, to transition
the management of the Association from the Declarant to the Owners, or (iii) the date that the Declarant has conveyed the last Lot which was owned by the Declarant in the Community.
1.1.10 “Governing Documents” shall mean and refer to this Declaration, the Articles of Incorporation (if any) and Bylaws of the Association, and rules and regulations (if any) of the
Community adopted by the Board, as any of the foregoing may be amended from time to time.
1.1.11 “Landscape Plan” shall mean the landscape plan approved by the City of Renton at the time of approval of the Plat which the Association shall maintain in its records, and any
amendments or replacements of that landscape plan which have been approved in each instance by the City of Renton.
1.1.12 “Lot” shall mean any plot of land within the Community, whether or not improvements are constructed thereon, which constitutes or will constitute, after the construction of improvements,
a residential dwelling site as shown on a plat recorded in the records of King County.
1.1.13 “Mortgage” means any mortgage, deed of trust, and any and all other similar instruments used for the purpose of encumbering real property in the Community as security for the
payment or satisfaction of an obligation. A “First Mortgage” means a Mortgage having first lien priority over any other Mortgages.
1.1.14 “Mortgagee” shall mean the holder of a Mortgage.
1.1.15 “Occupant” shall mean any Person occupying all or any portion of a Single Family Home or other property located within the Community for any period of time, regardless of whether
such Person is a tenant or the Owner of such property.
1.1.16 “Owner” shall mean and refer to the record owner, whether one or more Persons, of the fee simple title to any Lot located within the Community, excluding, however, any Person
holding such interest merely as security for the payment or satisfaction of an obligation.
1.1.17 “Person” means any natural person, as well as a corporation, joint venture, partnership (general or limited), association, trust, or other legal entity.
1.1.18 “Plat” means the recorded Plat of Kinkade Crossing referenced in Article 2 below.
1.1.19 “Single Family” shall mean a single housekeeping unit, without regard to the construction type or ownership of such unit, that includes not more than four (4) adults who are legally
unrelated.
1.1.20 “Single Family Home” shall mean a home intended for occupancy by a Single Family which is constructed on a Lot in accordance with this Declaration.
1.1.20 “Supplementary Declaration” means an amendment or supplement to this Declaration which subjects additional property to this Declaration or that imposes, expressly or by reference,
additional or modified restrictions and obligations on the land described therein.
1.1.21 “Total Association Vote” means all of the votes attributable to members of the Association (including votes of Declarant).
ARTICLE 2
PROPERTY SUBJECT TO THIS DECLARATION
The real property which is, by the recording of this Declaration, subject to the covenants and restrictions hereafter set forth and which, by virtue of the recording of this Declaration,
shall be held, transferred, sold, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to this Declaration is the real property described on attached Exhibit A.
ARTICLE 3
KINKADE CROSSING HOMEOWNERS’ ASSOCIATION
3.1 Description of Association. The Association may, at the election of the Declarant or the Association, be incorporated as a non-profit corporation organized and
existing under the laws of the State of Washington. The Association shall be charged with the duties and vested with the powers prescribed by law and set forth in the Governing Documents;
provided, however, that no such Governing Documents, other than the Declaration, shall for any reason be amended or otherwise interpreted so as to be inconsistent with this Declaration.
3.2 Board of Directors. Declarant shall have the right to appoint or remove any member or members of the Board of Directors or any officer or officers of the Association until termination
of the Development Period. Each Owner, by acceptance of a deed to or other conveyance of a Lot, vests in Declarant the authority to appoint and remove directors and officers of the
Association during the Development Period. The directors selected by the Declarant need not be Owners. The number of directors shall be as set forth in the Bylaws. Following termination
of the Development Period, the Board of Directors shall be elected by the Owners in accordance with the Bylaws.
3.3 Membership. Every Owner of a fee interest in any Lot that is subject to this Declaration shall be deemed to have a membership in the Association and membership in the Association
shall consist exclusively of such owners. The foregoing is not intended to include Persons who hold an interest merely as security for the performance of an obligation, and the giving
of a security interest shall not terminate the Owner’s membership. No Owner, whether one or more Persons, shall have more than one (1) membership per Lot. Membership shall be appurtenant
to and may not be separated from ownership of any Lot. The rights and privileges of membership, including the right to vote and to hold office, may be exercised by a member or the
member’s spouse, but in no event shall more than one (1) vote be cast nor office held for each Lot owned.
3.4 Voting. Members shall be entitled to one (1) vote for each Lot owned. When more than one (1) Person holds an ownership interest in any Lot, the vote for such Lot shall be exercised
as those Owners themselves determine and advise the Secretary prior to any meeting. In the absence of such advice, the Lot’s vote shall be suspended in the event more than one (1)
Person seeks to exercise it.
3.5 Architectural Control Committee. No construction, alteration, addition, refurbishing, or erection of any structure or any nature whatsoever shall be commenced or placed upon any
part of the Community, except that which is installed by the Declarant, or is approved in accordance with this Section, or as is otherwise expressly permitted herein. Any such construction,
alteration, addition, refurbishing, or erection shall not be made unless and until plans and specifications showing the nature, kind, shape, size and height, architectural design and
detail, materials, workmanship, colors, location on site, improvement and site grade elevations, and site landscaping shall have been submitted in writing to and approved by the Architectural
Control Committee (the “ACC”) established pursuant to this Section 3.5. The Board may employ architects, engineers, or other Persons as it deems necessary to enable the ACC to perform
its review. Written design guidelines and procedures (“Design Guidelines”) may be established by the Board for the exercise of this review, which Design
Guidelines may provide for a review fee. Copies of the Design Guidelines shall be available to all Owners upon request for a reasonable fee.
3.5.1 The ACC shall consist of not less than one (1) nor more than five (5) members, who need not be Owners. So long as the Declarant owns any property for development and/or sale in
the Community, the Declarant shall have the right to appoint or remove any or all members of the ACC. Upon the expiration or earlier surrender in writing of such right, the Board shall
appoint the members of the ACC, however the ACC shall include two members of the Board.
3.5.2 Members of the ACC shall not be entitled to compensation for services performed pursuant to this Section 3.5. The Association shall defend, indemnify, and hold each members of
the ACC harmless for any liability incurred while serving as a member of the ACC.
3.5.3 The ACC shall be the sole arbiter of plans submitted to it and may withhold approval for any reason, including aesthetic considerations, and it shall be entitled to stop any construction
in violation of approved plans or this Declaration.
3.5.4 Plans and specifications are not approved for engineering or structural design or quality of materials, and by approving such plans and specifications, neither the ACC, the members
thereof, nor the Association assumes liability or responsibility therefor, nor for any defect in any structure constructed from such plans and specifications. Neither Declarant, the
Association, the ACC, the Board, nor the officers, directors, members, employees and agents of any of the them, shall be liable for damages to anyone submitting plans and specifications
to any of them for approval, or to any Owner or property affected by these restrictions by reason of mistake in judgment, negligence or nonfeasance arising out of or in connection with
the approval or disapproval or failure to approve or disapprove any such plans or specifications. Every person who submits plans or specifications and every Owner agrees that such
person or Owner will not bring any action or suit against Declarant, the Association, the ACC, the Board, or the officers, directors, members, employees, and agents of any of them to
recover any damages, and hereby releases, remises, quitclaims, and covenants not to sue for all claims, demands, and causes of action arising out of or in connection with any judgment,
negligence, or nonfeasance, and hereby waives the provisions of any law which provides that a general release does not extend the claims, demands, and causes of action no known at the
time thee release is given.
3.6 Bylaws, Rules and Regulations. The Board on behalf of the Association shall have the power to adopt, modify, and amend bylaws, rules and regulations governing the Community, provided
that such bylaws, rules and regulations shall not be inconsistent with this Declaration and shall apply uniformly to all Owners, except as specifically provided herein. The Board shall
have the power to enforce the rules and regulations on behalf of the Association and may prescribe penalties or fines for their violation. Any such bylaws, rules and regulations shall
become effective thirty (30) days after promulgation and shall be mailed to all Owners prior to their effective date. A copy of the bylaws, rules and regulations then in
force shall be retained by the secretary of the Association. The Declarant on behalf of the Board may adopt the initial bylaws, rules and regulations.
ARTICLE 4
ASSESSMENTS
4.1 Purpose of Assessment. The assessments provided for herein shall be used for the general purposes of promoting the recreation, health, safety, welfare, common benefit, and enjoyment
of the Owners and occupants of Lots, including the maintenance of real and personal property, all as may be more specifically authorized from time to time by the Board of Directors.
4.2 Creation of the Lien and Personal Obligation for Assessments. Each Owner of any Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, covenants
and agrees to pay to the Association: (i) annual assessments or charges; (ii) special assessments, such assessments to be established and collected as hereinafter provided; and (iii)
specific assessments established pursuant to the terms of this Declaration, including, but not limited to, reasonable fines imposed in accordance with the terms of this Declaration.
4.2.1 All such assessments, together with (i) late charges, (ii) interest set by the Board, not to exceed the maximum rate permitted by law (but not to exceed twelve percent (12%) per
annum), and (iii) costs, including, without limitation, reasonable attorneys’ fees actually incurred, shall be a charge on the land and shall be a continuing lien upon the Lot against
which each assessment is made. Assessments shall accrue on each Lot from the date provided in Section 4.10 below.
4.2.2 Each such assessment, together with late charges, interest, costs, including, without limitation, reasonable attorneys’ fees actually incurred, shall also be the personal obligation
of the person who was the Owner of such Lot at the time the assessment fell due. Each Owner shall be personally liable for the portion of each assessment coming due while the Owner
of a Lot, and each grantee of an Owner shall be jointly and severally liable for such portion thereof as may be due and payable at the time of conveyance; provided, however, the liability
of a grantee for the unpaid assessments of its grantor shall not apply to the holder of any First Mortgage taking title through foreclosure proceedings or deed in lieu of foreclosure.
4.2.3 The Association shall, within five (5) business days after receiving a written request therefor and for a reasonable charge, furnish a certificate signed by an officer of the Association
setting forth whether the assessments on a specified Lot have been paid. Such certificate shall be binding upon the Association as of the date of issuance.
4.2.4 Annual assessments in the amount of $800.00 shall be levied equally on all Lots. Assessments shall be paid in such manner and on such dates as may be fixed by
the Board. Unless otherwise provided by the Board, the assessment shall be paid in annual installments.
4.2.5 Notwithstanding the provisions set forth above, the Declarant shall not be liable for any assessments.
4.3 Adoption of Budget. It shall be the duty of the Board to prepare and adopt a budget covering the estimated costs of operating the Association during the coming year and the assessments
to be levied against each Lot, which may include an amount for capital reserves in accordance with a capital budget separately prepared. The Board shall cause a summary of the proposed
operating and capital budgets and the proposed assessments against each Lot for the following year to be mailed to each Owner. For calendar years after 2017 the Board shall set a date
for a special meeting of the Owners to consider ratification of the budget within thirty (30) days after adoption by the Board and not less that fourteen (14) nor more than sixty (60)
days after the mailing of the proposed budgets and assessments. Unless at such meeting the budget is rejected by at least seventy-five percent (75%) of the Total Association Vote,
in person or by proxy, the budget shall be ratified, whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given, the budget
in effect for the then current year shall continue in effect until the Owners ratify a subsequent budget.
4.4 Initial Assessment Amount. Upon the sale of each Lot by the Declarant (whether to a Builder or otherwise), each Lot Owner, at the time of his/her purchase of the Lot, shall pay
an initial start-up assessment to the Association in the amount of $800.00 (“Initial Assessment”). If the first sale of a Lot is to a Builder, the Builder shall be entitled to collect
reimbursement of the Initial Assessment from the first purchaser of a Lot developed with a completed Single Family Home. The Initial Assessment in this Section 4.4 shall be in addition
to any annual assessment provided for in this Article 4 and shall be for the purpose of reimbursing the Declarant and/or Association for maintenance and operating expenses of and for
the Common Areas during the initial development and house sales period. Notwithstanding the provisions set forth above, the Declarant shall not be liable for any Initial Assessments
assessed or due so long as Declarant owns any Lot. The Board shall create reserve accounts for anticipated expenses for repairs, replacements, and improvements which will occur in
the future in order to accumulate sufficient funds to pay such expenses when they occur. The operation of reserve accounts and assessments for reserve accounts shall be further governed
by the Bylaws.
4.5 Revised Budget. If the financial circumstances or needs of the Association materially change during any year, the Board may prepare and adopt a revised budget and assessments for
the balance of the year. The Board shall cause a summary of the proposed revised budget and assessments to be mailed to each Owner and shall set a date for a meeting of the Owners
to consider ratification of the revised budget and assessments in the same manner as the regular annual budget as set forth in Section 4.3 above.
4.6 Special Assessments. In addition to the other assessments authorized herein, the Association may levy special assessments from time to time including for the cost of capital improvements;
provided, however, any assessment for the purchase of property or for the addition to or improvement of the Common Areas which exceeds $5,000 shall require the approval of Owners holding
a majority of the Total Association Votes. Special assessments shall be paid as determined by the Board, and the Board may permit special assessments to be paid in installments extending
beyond the fiscal year in which the special assessment is imposed.
4.7 Lien for Assessments. All sums assessed against any Lot pursuant to this Declaration, together with late charges, interest, costs, including, without limitation, reasonable attorneys’
fees actually incurred, as provided herein, shall be secured by a lien on such Lot in favor of the Association. Such lien shall be superior to all other liens and encumbrances on such
Lot, except for (a) liens for ad valorem taxes; or (b) liens for all sums unpaid on a First Mortgage or on any Mortgage to Declarant duly recorded in the records of King County and
all amounts advanced pursuant to such Mortgage and secured thereby in accordance with the terms of such instrument. All other Persons acquiring liens or encumbrances on any Lot after
the recording of this Declaration shall be deemed to consent that such liens or encumbrances shall be inferior to future liens for assessments, as provided herein, whether or not prior
consent is specifically set forth in the instruments creating such liens or encumbrances.
4.8 Effect of Nonpayment of Assessments; Remedies of the Association. Any assessment or installment thereof delinquent for a period of more than ten (10) days shall incur a late charge
in an amount as the Board may from time to time determine. The Association shall cause a notice of delinquency to be given to any member who has not paid within ten (10) days following
the due date. If the assessment is not paid within thirty (30) days, a lien, as herein provided, shall attach and, in addition, the lien shall include interest set by the Board from
time to time, on the principal amount due, late charges, costs of collection, including, without limitation, reasonable attorneys’ fees actually incurred, and any other amounts provided
or permitted by law.
4.8.1 In the event that the assessment remains unpaid after sixty (60) days, the Association may, as the Board shall determine, institute suit to collect such amounts and/or to foreclose
its lien. Each Owner, by acceptance of a deed or as a party to any other type of conveyance, vests in the Association or its agents the right and power to bring all actions against
such Owner personally, for the collection of such charges as a debt or to foreclose the aforesaid lien in the same manner as other liens for the improvement of real property.
4.8.2 The lien provided for in this Article shall be in favor of the Association and shall be for the benefit of all other Owners. The Association, acting on behalf of the Owners, shall
have the power to bid on the Lot at any foreclosure sale or to acquire, hold, lease, mortgage, or convey the same.
4.8.3 No Owner may waive or otherwise exempt himself from liability for the assessments provided for herein, including, by way of illustration, but not limitation, abandonment of the
Lot.
4.8.4 All payments shall be applied first to costs, then to late charges, then to interest and then to delinquent assessments.
4.9 Suspension for Nonpayment 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.
4.10 Date of Commencement of Assessments. Assessments shall accrue on the earlier of the date which is (i) two (2) years from the recording of this Declaration, or (ii) at the closing
of the first sale of a Lot by the Declarant (whether to a Builder or otherwise).
4.11 Specific Assessments. In addition to the general and special assessments outlined above, the Board shall have the power to levy such specific assessments pursuant to this Section 4.11
as, in its discretion, it shall deem appropriate. All other terms and conditions of this Article 4 relating to general and special assessments shall apply to the levy and collection
of the specific assessments covered hereby and the Association shall have all powers and remedies for collection and enforcement of such assessments as are applicable to the general
and special assessments set forth above. Fines levied pursuant to Section 11.1 of this Declaration and the costs of maintenance performed by the Association for which the Owner is
responsible under Sections 5.3 and 5.4 of this Declaration shall be specific assessments.
4.12 Common Areas Exempt. The Common Areas shall be exempt from assessments by the Association.
ARTICLE 5
MAINTENANCE; CONVEYANCE OF COMMON AREAS TO ASSOCIATION
5.1 Maintenance of the Common Areas. The City of Renton will maintain the detention pond on Tract B after the expiration of the two-year maintenance warranty. The Association shall
maintain and keep in good repair the Common Areas including Tract A, all other portions of Tract B, Tract C (except those portions required to be maintained by the Owner of Lot 5 in
accordance with Section 10.6), and any Common Areas acquired by the Association in the future. The Association shall also maintain all other facilities serving the Community not dedicated
to or maintained by a public entity. The foregoing maintenance shall be performed consistent with the Community-Wide Standard.
5.2 Property Not Owned by Association. The Association shall have the right, but not the obligation, to maintain other property, whether or not owned by the Association and whether
within or without the Community, where the Board has determined that such maintenance would benefit all Owners. Without limitation of the foregoing, the Association may enter into
a joint maintenance agreement with adjoining property owners or associations for the repair, maintenance and replacement of any shared facilities or other property.
5.3 Damage Caused by Owner. In the event that the Association determines that the need for maintenance, repair, or replacement, which is the responsibility of the Association hereunder,
is caused through the willful or negligent act of an Owner, or the family, guests, lessees, or invitees of any Owner, the Association may perform such maintenance, repair or replacement
at such Owner’s sole cost and expense, and all costs thereof shall be added to and become a part of the assessment to which such Owner is subject and shall become a lien against the
Lot of such Owner.
5.4 Owner’s Responsibility. Subject to Sections 5.1, 5.2 and 5.3 above, each Owner shall have the following maintenance obligations which shall be performed consistent with the Community-Wide
Standard:
5.4.1 Each Owner shall maintain, repair and replace all structures (including the Single Family Home), parking areas, landscaping, and other improvements on such Owner’s Lot, and the
landscaping on any area fronting such Owner’s Lot;
5.4.2 Each Owner shall maintain, repair and replace those drainage facilities benefiting such Owner’s Lot which are located within those easement areas described under the “Private Easement
Provisions” on Sheet 3 of the Plat.
5.4.3 Each Owner shall maintain and replace as necessary all landscaping installed by Declarant pursuant to the landscaping plan which is either on or abuts such Owner’s Lot.
5.1.4 Each Owner shall maintain, repair and replace in uniform appearance any perimeter fencing for such Owner’s Lot. The Owners of Lots which share a common boundary shall jointly
maintain any perimeter fencing along that common boundary and shall equally share the resulting cost.
5.1.5 Any Owner who requires access to another Lot to perform maintenance and repairs shall provide written notice to the other of such Lot before entering, shall schedule entry so as
to minimize disruption, and shall restore such Owner’s Lot to its prior condition upon completion. All work shall be performed utilizing best construction practices and shall be performed
by qualified licensed contractors.
5.1.6 In the event that the Board of Directors of the Association determines that any Owner has failed or refused to discharge properly any of such Owner’s obligations with regard to
the maintenance, repair, or replacement of items for which such Owner is responsible hereunder, the Association shall, except in an emergency situation, give the
Owner written notice of the Association’s intent to provide such necessary maintenance, repair, or replacement at the Owner’s sole cost and expense. The notice shall set forth with
reasonable particularity the maintenance, repairs, or replacement deemed necessary. The Owner shall have ten (10) days after receipt of such notice within which to complete such maintenance,
repair, or replacement, or, in the event that such maintenance, repair, or replacement is not capable of completion within a ten (10) day period, to commence such work which shall be
completed within a reasonable time. If any Owner does not comply with the provisions hereof, the Association may provide any such maintenance, repair, or replacement at such Owner’s
sole cost and expense, and all costs shall be added to and become a part of the assessment to which such Owner is subject and shall become a lien against the Lot.
5.5 Conveyance of Common Areas by Declarant to Association. The Plat grants and conveys Tracts A, B and C to the Association and the Association accepts that conveyance and shall maintain
those Tracts as required by this Declaration. Declarant may convey any other Common Areas to the Association, including any personal property and any improved or unimproved real property,
leasehold, easement, or other property interest. Such conveyance shall be accepted by the Association, and the property shall thereafter be Common Areas to be maintained by the Association.
The Common Areas are subject to an easement of common use and enjoyment in favor of the Association and every Owner, their heirs, successors and assigns in accordance with the terms
and conditions of the Governing Documents. Such rights to use the Common Areas are appurtenant to and shall not be separated from ownership of any Lot and shall not be assigned or
conveyed by any Lot Owner 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 conveyed whether or not it shall
be so expressed in the deed or other instrument conveying title. Certain rights of use, ingress, egress, occupation, and management authority in the Common Areas set forth elsewhere
in this Declaration shall be reserved to Declarant for the duration of the Development Period. Declarant shall not be required to make any improvements whatsoever to property to be
conveyed and accepted pursuant to this Section.
5.6 Further Restrictions on Common Areas. Common Area Tract A which is a landscape tract, Tract B which is designated on the Plat as a stormwater detention facility, and Tract C which
is a private access and open space tract are restricted to those uses specified in the Plat. If any Common Area is currently owned or is acquired in the future which is designated
as a steep slope, as a wetland, as a buffer, as a native growth protection area or as any other type of sensitive or critical area, then use of such Common Area shall be limited to
activities approved by the municipality which designated such Common Area as sensitive or critical. Notwithstanding the provisions in this Article 5, or in Section 10.1 below, or in
any other provision of this Declaration, there shall be no right or easement of ingress and egress, use and enjoyment in or to such Common Area. Access shall be limited to maintenance
activities approved by the municipality.
ARTICLE 6
USE RESTRICTIONS AND RULES
6.1 General/Rules and Regulations. This Article, beginning at Section 6.2, sets out certain use restrictions which must be complied with by all Owners and Occupants. These use restrictions
may only be amended in the manner provided in Section 11.3 hereof regarding amendment of this Declaration. In addition, the Board may, from time to time, without consent of the Owners,
promulgate, modify, or delete other use restrictions and rules and regulations applicable to the Community. Such use restrictions and rules shall be distributed to all Owners and Occupants
prior to the date that they are to become effective and shall thereafter be binding upon all Owners and Occupants until and unless overruled, canceled, or modified in a regular or special
meeting by a majority of the Total Association Vote and the consent of Declarant during the Development Period.
6.2 Residential Use. Except as provided in this Section, all Lots shall be used for single-family residential purposes exclusively with the exception that certain home occupations may
be permitted, subject to the guidelines and rules established by the Board, if any, and subject to approval by the Board. Such home occupations may be limited to certain business uses,
shall not create any disturbance, noise, or unsightliness, shall not unduly increase traffic flow or parking congestion, and shall not be in violation of any of the provisions of the
Governing Documents. Use of the Lots shall in all cases be in compliance with all applicable laws, ordinances, rules and regulations.
6.3 Building and Landscaping Requirements and Restrictions. All Single Family Homes constructed within the Community by any Person shall be subject to design review and approval by
the ACC which may cover the minimum size, architectural style, height, scope of improvements, quality of design, materials, workmanship, and siting standards. Without restricting or
limiting the authority of the ACC pursuant to Section 3.5 in approving or disapproving of any specific proposal, the following restrictions shall apply to the Community in general:
6.3.1 Only one Single Family Home shall be permitted on each Lot. Two story or split level homes shall include no less than 1,300 gross square feet of living space, exclusive of one-story
open porches and garages. One story homes shall include no less than 1,000 gross square feet of living space, exclusive of one-story open porches and garages.
6.3.2 Except for the initial construction of Single Family Homes in the Community by Declarant or a Builder, any remodeling or exterior addition to any Single Family Home or other structure
erected or placed on any Lot shall be completed as to external appearance, including finished painting, within six (6) months after the date of commencement of construction. All front,
side and rear yard landscaping must be completed within six (6) months from the date of closing of the purchase of the Single Family Home by the Owner from the Declarant or Builder.
In the event that strict enforcement of this provision would cause undue hardship due to weather conditions, this provision may be extended for a reasonable length of time when approved
by the ACC.
6.3.3 All Single Family Homes within the Community shall contain a garage; carports shall not be permitted. Unless otherwise approved by the ACC, all garages must be attached to, or
incorporated in and made a part of, the Single Family Home constructed upon a Lot. In granting waivers to this requirement, the ACC will consider functional necessity and architectural
desirability.
6.3.4 All driveways and parking areas shall be paved with material approved by the ACC.
6.3.5 No fence, fencing-type barrier, or hedge of any kind in excess of six (6) feet high or extending into the front yard of any Single Family Home shall be erected, allowed or maintained
upon any Lot, without the prior written consent of the ACC. All fences shall be constructed of wood material unless approved by the ACC. Any such fence shall be strictly in compliance
with the design attached hereto on Exhibit B.
6.3.6 Each home constructed on a Lot shall be built of new materials except, with approval of the ACC, decorative items such as used brick, weathered planking, and similar items. All
visible masonry shall be native stone, brick or stucco. Types and colors of exterior paint and stain must be submitted to the committee for approval. Any change to the exterior color
of any improvement located on a Lot, including, without limitation, the dwelling, must be approved by the ACC.
6.3.7 All roofs on dwellings and garages shall be of composite, tile or cedar shake and shall have a minimum pitch of four/twelve.
6.3.8 No owner shall grade, fill or otherwise alter the slope or contour of any Lot, construct or alter the drainage patterns initially installed and constructed by Declarant or Builder,
or as established by the grading and natural course of surface and subsurface water run off without first obtaining i) recommendations from a soils engineer or civil engineer, as appropriate,
duly licensed by the State of Washington, ii) any and all necessary governmental approvals and permits and iii) written approval of the ACC, if any. No Owner shall perform any such
work except in conformance with the recommendations, plans and specifications of such engineer.
6.4 Signs. No sign of any kind shall be erected by an Owner or Occupant within the Community without the prior written consent of the ACC. Notwithstanding the foregoing, the Board
and the Declarant shall have the right to erect reasonable and appropriate signs including, without limitation, signs related to Declarant’s development and marketing of Single Family
Homes within the Community. In addition, “For Sale” signs and security signs consistent with the Community Wide Standard and any signs required by legal proceedings may be erected
upon any Lot.
6.5 Vehicles. The term “vehicles” as used herein shall include, without limitation, automobiles, vans, campers, trucks, buses, motor homes, mobile homes, boats, jet skis, trailers,
portable aircraft, motorcycles, snowmobiles, mini-bikes, scooters, go-carts, dune buggies and any other towed or self-propelled transportation type vehicle. The term
“passenger vehicles” as used herein shall include passenger automobiles, vans, small trucks, motorcycles, and similar type vehicles used regularly and primarily as transportation for
the Occupants of the Lot. Vehicles used for commercial and recreational purposes are not considered passenger vehicles. “Parking areas” shall refer to the number of garage parking
spaces and driveway areas in front of garages. However, driveway areas shall be considered “parking areas” for passenger vehicles only.
6.5.1 No vehicles other than passenger vehicles in regular use may be parked on any Lot or portion of the Community, except in parking areas on Lots, or in a screened area on a Lot,
if such screened area is approved by the ACC. Any vehicle regularly parked in an unapproved area or for longer than twenty-four (24) consecutive hours shall be considered a nuisance
and may be removed from the Community.
6.5.2 No passenger vehicles may be parked on any Lot or portion of the Community except in “parking areas” as defined in this Section.
6.5.3 Any passenger vehicle which is inoperable or unlicensed and not capable of use on the public highways and which is parked on any parking area for a period of more than forty-eight
(48) hours shall be treated the same as a non-passenger vehicle and shall be considered a nuisance and may be removed from the Community.
6.5.4 The Board may adopt and maintain current rules and regulations concerning the parking and storage of vehicles on any Lot or any portion of the Community. Said rules are to protect
the Community from the potentially adverse impacts of vehicles on the Community environment and to accommodate the evolving nature and use of such vehicles. Such rules and regulations
may provide for exceptions and/or modifications to the conditions of this Section as determined in the sole discretion of the Board. The Board shall rule on any dispute as to the interpretation
or application of this Section and all rules and regulations established by the Board with respect to vehicles.
6.5.5 Off-street parking for at least three (3) passenger vehicles shall be provided on each Lot. Covered enclosed parking shall be provided for one (1) or more passenger vehicles,
plus a driveway for at least two (2) additional passenger vehicles, unless approved by the ACC.
6.6 Vehicles on Common Areas. No motorized vehicles shall be permitted on pathways or unpaved Common Areas except vehicles being used for the limited purpose of operating and maintaining
utilities.
6.7 Leasing. Lots may be leased for residential purposes. All leases shall have a minimum term of at least six (6) months. All leases shall require, without limitation, that the tenant
acknowledge receipt of a copy of the Declaration, Bylaws, and rules and regulations of the Association.
6.8 Occupants Bound. All provisions of the Declaration, Bylaws, and of any rules and regulations, which govern the conduct of Owners and which provide for sanctions
against Owners shall also apply to all Occupants. Fines may be levied against Owners or Occupants. If a fine is first levied against an Occupant and is not paid timely, the fine may
then be levied against the Owner.
6.9 Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept in the Community; provided, however, that conventional household pets may be kept on a Lot subject
to the following restrictions: Pets shall not be kept, bred or maintained for any commercial purposes. Owners shall be responsible for the immediate clean up and removal of all fecal
matter deposited by pets on any property other than the Lot of the Owner of the pet. Pets shall be confined in the Owner’s Lot unless on a leash and accompanied by a responsible person.
No domestic pet may be kept if it is a source of annoyance or a nuisance. The Board 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 all times and shall be registered, licensed and inoculated from time to time as required by law.
6.10 Mining Prohibited. No portion of the Community shall be used for the purpose of boring, mining, quarrying, or exploring for or removing oil or other hydrocarbons, minerals, gravel,
or earth.
6.11 Nuisance. Each Owner and Occupant shall prevent the development of any unclean, unhealthy, unsightly, or unkempt condition on his or her Lot. No Lot shall be used, in whole or
in part, for the storage of any property or thing that will cause such Lot to appear to be in an unclean or untidy condition; nor shall any substance, thing, or material be kept that
will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding
property. No illegal, illicit, noxious or offensive activity shall be carried on within the Community, nor shall anything be done tending to cause embarrassment, discomfort, annoyance,
or nuisance to any Person using any property within the Community. Without limiting the generality of the foregoing, no speaker, horn, whistle, siren, bell, amplifier or other sound
device, except such devices as may be used exclusively for security purposes, shall be located, installed or maintained upon the exterior of any Lot unless required by law or unless
specifically approved by the ACC.
6.12 Unsightly or Unkempt Conditions. The pursuit of hobbies or other activities, including specifically, without limiting the generality of the foregoing, the assembly of and disassembly
of motor vehicles and other mechanical devices, which might tend to cause disorderly, unsightly, or unkempt conditions, shall not be undertaken outside of homes or garages. Garage doors
shall be kept closed at all times unless they are in use. In addition, the storage of equipment, machinery, construction supplies or any similar material on a Lot outside of the Single
Family Home and garage constructed thereon is strictly prohibited except as required during the remodeling or refurbishing of improvements on such Lot and then for not more than sixty
(60) days.
6.13 Antennas. No outside radio antenna, television antenna, microwave or satellite dish, aerial, or other such device (collectively "Antennas") with a diameter or
diagonal measurement in excess of one meter shall be erected, constructed or placed on any Lot. Reasonable restrictions which comply with Federal, State and local laws and do not significantly
increase the cost of the Antenna system or significantly decrease its efficiency or performance may be imposed by the ACC on Antennas with a diameter or diagonal measurement of one
meter or less.
6.14 No Obstruction of Easements. Catch basins and drainage areas are for the purpose of natural flow of water only. No obstructions or debris shall be placed in these areas. No Owner
or Occupant may obstruct or re-channel the drainage flows after location and installation of drainage swales, storm sewers or storm drains. Declarant hereby reserves for the benefit
of Declarant and the Association and their respective successors and assigns a perpetual easement across all Common Areas and Lots for the purpose of maintaining or altering drainage
and water flow. No structure, planting, or other material shall be placed or permitted to remain upon any easement which may damage or interfere with the installation and maintenance
of any utilities, unless approved by the Board prior to installation. At no time shall any access easements be blocked.
6.15 Sight Distance at Intersections. All property located at street intersections shall be landscaped so as to permit safe sight across the street corners. No fence, wall, hedge or
shrub planting shall be placed or permitted to remain where it would create a traffic or sight problem as determined by the ACC in its sole discretion.
6.16 Garbage Cans, Woodpiles, Etc. All garbage cans, woodpiles, air-conditioning compressors, machinery, equipment and other similar items related to the operation of the Single Family
Home shall be located or screened so as to be concealed from view from the street abutting the Lot on which such items are located. All rubbish, trash, and garbage shall be regularly
removed and shall not be allowed to accumulate. Trash, garbage, debris, or other waste matter of any kind may not be burned within the Community.
6.17 Subdivision of Lot. No Lot shall be subdivided or its boundary lines changed except with the prior written approval of the ACC. Declarant, however, hereby expressly reserves the
right to re-plat any Lot or Lots owned by Declarant. Any such division, boundary line change, or re-platting shall not be in violation of the applicable subdivision and zoning regulations.
6.18 Guns. The discharge of firearms in the Community is prohibited. The term “firearms” includes without limitation BB guns, pellet guns, and firearms of all types.
6.19 Utilities. Except as may be permitted by the ACC, no overhead utility lines, including lines for cable television, shall be permitted within the Community, except for temporary
lines as required during construction and except as such lines exist upon recording of the plat of the Community or as required by utilities serving the Community.
6.20 Lighting. No colored lights (except holiday displays and yellow insect type lights) shall be permitted at any location within the Community. All exterior fixtures that are attached
to the Single Family Homes shall be of compatible design and materials of the Single
Family Home. Any post mounted exterior fixtures shall be of compatible design and materials as the fixtures attached to the Single Family Home. No fixtures which illuminate and excessively
glare onto any other Lot shall be permitted, and all exterior lights shall be screened to minimize impacts of light and glare. No unshielded spot/floodlight fixtures are permitted.
6.21 Artificial Vegetation, Exterior Sculpture, and Similar Items. No artificial vegetation, exterior sculpture, fountains, and similar items shall be permitted in the front yard of
any Lot unless approved by the ACC.
6.22 Mailboxes. All mailboxes located on Lots shall be of a style approved by the ACC. Mailboxes shall be attached only to stands provided and maintained by the Association in designated
locations.
6.23 Clotheslines. No exterior clotheslines of any type shall be permitted upon any Lot unless entirely screened from view from other Lots.
6.24 Exterior Security Devices. No exterior security devices, including, without limitation, window bars, shall be permitted on any Single Family Home or Lot. Signs placed on the Lot
or the exterior of the Single Family Home stating that such Single Family Home is protected by a security system are permissible.
6.25 Construction and Sale Period. So long as Declarant owns any property in the Community for development and/or sale, the restrictions set forth in this Article 6 shall not be applied
or interpreted so as to prevent, hinder or interfere with development, construction and sales activities of Declarant, Builder, or any builder or developer approved by Declarant.
ARTICLE 7
INSURANCE AND CASUALTY LOSSES
7.1 Insurance Coverage. The Board of Directors or the duly authorized agent of the Association shall have the authority to and shall obtain or cause to be obtained insurance as follows:
7.1.1 The Board shall obtain insurance on all insurable buildings owned by the Association (other than the Single Family Homes which shall be insured by the Owners) and, where the Board
deems there to be a reasonable risk, other substantial structures whether or not such buildings or structures are located on the Common Areas and which the Association is obligated
to maintain. Insurance on buildings shall provide, at minimum, fire and extended coverage, including vandalism and malicious mischief, and shall be in an amount sufficient to cover
the full replacement cost of any repair or reconstruction in the event of damage or destruction from any such hazard. Insurance on other substantial structures shall cover those risks
deemed advisable by the Board and shall be in such amounts as are deemed advisable by the Board. The Board may insure other types of improvements,
including entry monuments, landscaping, and the like, as it deems advisable. With respect to such other improvements, the Board shall determine the risks to be insured and the amounts
of insurance to be carried.
7.1.2 The Board shall obtain a public liability policy applicable to the Common Areas covering the Association and its members for all damage or injury caused by the negligence of the
Association or any of its members or agents, and, if reasonably available, directors’ and officers’ liability insurance. The public liability policy shall have a combined single limit
of at least One Million Dollars ($1,000,000.00) unless otherwise determined by the Board.
7.1.3 The Board is hereby authorized to contract with or otherwise arrange to obtain the insurance coverage required hereunder through the Declarant and to reimburse Declarant for the
cost thereof, and Declarant shall be authorized, but not obligated, to purchase such insurance coverage for the benefit of the Association and the Owners upon Declarant and the Association
agreeing upon the terms and conditions applicable to reimbursement by the Association for costs incurred by Declarant in obtaining such coverage. Notwithstanding anything contained
in this Declaration to the contrary, the Board shall not be required to comply with the provisions of this Article if the Board has contracted for or otherwise arranged to obtain the
required insurance coverage through the Declarant.
7.1.4 Premiums for all insurance shall be common expenses of the Association. The policies may contain a reasonable deductible, and the amount thereof shall not be subtracted from the
face amount of the policy in determining whether the insurance at least equals the full replacement cost.
7.1.5 In the event insurance premiums in connection with the insurance required by this Article 7 become prohibitively expensive, in the judgment of the Board, the Board may with approval
of seventy-five percent (75%) of the Total Association Vote reduce the amount of the required insurance, self-insure itself, or discontinue the insurance all together.
7.2 Policy Requirements. All such insurance coverage obtained by the Board of Directors shall be written in the name of the Association, as trustee for the respective benefited parties.
Such insurance shall be governed by the provisions hereinafter set forth:
7.2.1 All policies shall be written with a company authorized to do business in Washington.
7.2.2 Exclusive authority to adjust losses under policies obtained by the Association shall be vested in the Association’s Board of Directors; provided, however, no Mortgagee having
an interest in such losses may be prohibited from participating in the settlement negotiations, if any, related thereto.
7.2.3 In no event shall the insurance coverage obtained and maintained by the Association’s Board of Directors hereunder be brought into contribution with insurance
purchased by individual Owners, occupants, or their Mortgagees, and the insurance carried by the Association shall be primary.
7.2.4 All casualty insurance policies shall have an inflation guard endorsement and an agreed amount endorsement if these are reasonably available and all insurance policies shall be
reviewed annually by one or more qualified persons, at least one of whom must be in the real estate industry and familiar with construction in King County.
7.3 Other Insurance. In addition to the other insurance required by this Article 7, the Board shall obtain worker’s compensation insurance, if and to the extent necessary to satisfy
the requirements of applicable laws. The Board may, in its discretion, obtain a fidelity bond or bonds on directors, officers, employees, and other persons handling or responsible
for the Association’s funds, if reasonably available. The Association shall obtain additional insurance coverage, if and to the extent necessary to satisfy the requirements of the
Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the U.S. Department of Veterans Affairs, or the U.S. Department of Housing and Urban Development.
7.4 Individual Insurance. By virtue of taking title to a Lot subject to the terms of this Declaration, each Owner acknowledges that the Association has no obligation to provide any
insurance for any portion of individual Lots or the Single Family Homes constructed thereon, and each Owner covenants and agrees with all other Owners and with the Association that
each Owner shall at a minimum, carry fire and extended coverage casualty insurance on the Lot and all structures constructed thereon in an amount sufficient to cover the full replacement
costs of any repair or reconstruction in the event of damage or destruction from any such hazard.
7.5 Damage and Destruction — Insured by Association.
7.5.1 Immediately after damage or destruction by fire or other casualty to all or any portion of any improvement covered by insurance written in the name of the Association, the Board
of Directors or its duly authorized agent shall proceed with the filing and adjustment of all claims arising under such insurance and obtain reliable and detailed estimates of the cost
of repair or reconstruction of the damaged or destroyed property. Repair or reconstruction, as used in this Section, means repairing or restoring the property to substantially the
same condition and location that existed prior to the fire or other casualty, allowing for any changes or improvements necessitated by changes in applicable building codes. The Board
of Directors shall have the enforcement powers specified in this Declaration necessary to enforce this provision.
7.5.2 Any damage or destruction to property covered by insurance written in the name of the Association shall be repaired or reconstructed unless, within sixty (60) days after the casualty,
at least seventy-five percent (75%) of the Total Association Vote otherwise agree. If for any reason either the amount of the insurance proceeds to be paid as a result of such damage
or destruction, or reliable and detailed estimates of the cost of repair or reconstruction, or both, are not made available to the Association within such period, then the period shall
be extended until such information shall be made available; provided, however,
such extension shall not exceed sixty (60) days. No Mortgagee shall have the right to participate in the determination of whether damage or destruction shall be repaired or reconstructed.
7.5.3 If the damage or destruction for which the insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof, the Board
of Directors shall, without the necessity of a vote of the Association’s members, levy a special assessment against all Owners in proportion to the number of Lots owned by such Owners.
Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction. If the funds available from insurance exceed the costs
of repair or reconstruction or if the improvements are not repaired or reconstructed, such excess shall be deposited to the benefit of the Association.
7.5.4 In the event that it should be determined by the Association in the manner described above that the damage or destruction shall not be repaired or reconstructed and no alternative
improvements are authorized, then and in that event the property shall be restored to its natural state and maintained as an undeveloped portion of the Community by the Association
in a neat and attractive condition.
7.6 Damage and Destruction — Insured by Owners. The damage or destruction by fire or other casualty to all or any portion of any improvement on a Lot shall be repaired by the Owner
thereof within seventy-five (75) days after such damage or destruction or, where repairs cannot be completed within seventy-five (75) days, they shall be commenced within such period
and shall be completed within a reasonable time thereafter. Alternatively, the Owner may elect to demolish all improvements on the Lot and remove all debris therefrom within seventy-five
(75) days after such damage or destruction. In the event of noncompliance with this provision, the Board of Directors shall have all enforcement powers specified herein.
7.7 Insurance Deductible. The deductible for any casualty insurance policy carried by the Association shall, in the event of damage or destruction, be allocated among the Persons who
are responsible hereunder as determined by the Board in its reasonable discretion. If the Board does not determine that there are responsible parties, then the deductible shall be
a common expense of the Association.
ARTICLE 8
CONDEMNATION
In the event of a taking by eminent domain of any portion of the Common Areas on which improvements have been constructed, then, unless within sixty (60) days after such taking, at least
seventy-five percent (75%) of the Total Association Vote shall otherwise agree, the Association shall restore or replace such improvements so taken on the remaining land included in
the Common Areas to the extent lands are available therefor. The provisions of Section 7.5, above, applicable to Common Areas improvements damage, shall govern
replacement or restoration and the actions to be taken in the event that the improvements are not restored or replaced.
ARTICLE 9
MORTGAGEE PROVISIONS
The following provisions are for the benefit of holders of First Mortgages on Lots in the Community. The provisions of this Article apply to both this Declaration and to the Bylaws,
notwithstanding any other provisions contained therein.
9.1 Notices of Action. An institutional holder, insurer, or guarantor of a First Mortgage, who provides a written request to the Association (such request to state the name and address
of such holder, insurer, or guarantor and the Lot number, therefore becoming an “eligible holder”), will be entitled to timely written report as to the current status of said Lot with
respect to the following:
9.1.1 Any condemnation loss or any casualty loss which affects a material portion of the Community or which affects any Lot on which there is a First Mortgage held, insured, or guaranteed
by such eligible holder;
9.1.2 Any delinquency in the payment of assessments or charges owed by an Owner of a Lot subject to the Mortgage of such eligible holder.
9.2 No Priority. No provision of this Declaration or the Bylaws gives or shall be construed as giving any Owner or other party priority over any rights of the First Mortgagee of any
Lot in the case of distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Common Areas.
9.3 Notice to Association. Upon request, each Lot Owner shall be obligated to furnish to the Association the name and address of the holder of any Mortgage encumbering such Owner’s
Lot.
9.4 VA/HUD Approval. As long as the Declarant has the right to appoint and remove the directors of the Association and so long as the project is approved by the U.S. Department of Housing
and Urban Development (“HUD”) for insuring or the U.S. Department of Veterans Affairs (“VA”) for guaranteeing any Mortgage in the Community the following actions shall require the prior
approval of the VA and/or HUD as applicable: dedication of Common Areas to any public entity; mergers and consolidations; dissolution of the Association, and material amendment of
the Declaration, Bylaws or Articles of Incorporation.
9.5 Applicability of Article 9. Nothing contained in this Article shall be construed to reduce the percentage vote that must otherwise be obtained under the Declaration, Bylaws, or
Washington law for any of the acts set out in this Article.
9.6 Amendments by Board. Should the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, HUD or VA subsequently delete any of their respective requirements
which necessitate the provisions of this Article or make any such requirements less stringent, the Board, without approval of the Owners, may cause an amendment to this Article to be
recorded to reflect such changes.
ARTICLE 10
EASEMENTS
10.1 Easements for Use and Enjoyment.
10.1.1 Every Owner of a Lot shall have a right and easement of ingress and egress, use and enjoyment in and to the Common Areas (subject to Section 5.6) which shall be appurtenant to
and shall pass with the title to each Lot, subject to the following provisions:
10.1.1.1 the right of the Association to charge reasonable fees for the use of any portion of the Common Areas, to limit the number of guests of Lot Owners and tenants who may use the
Common Areas, and to provide for the exclusive use and enjoyment of specific portions thereof at certain designated times by an Owner, his family, tenants, guests, and invitees;
10.1.1.2 the right of the Association to suspend the voting rights of an Owner and the right of an Owner to use certain Common Areas for any period during which any assessment against
such Owner’s Lot remains unpaid;
10.1.1.3 the right of the Association to borrow money for the purpose of improving the Common Areas, or any portion thereof, or for construction, repairing or improving any facilities
located or to be located thereon, and to give as security for the payment of any such loan a Mortgage conveying all or any portion of the Common Areas; provided, however, the lien and
encumbrance of any such Mortgage given by the Association shall be subject and subordinate to any rights, interests, options, easements and privileges herein reserved or established
for the benefit of Declarant, or any Lot or Lot Owner, or the holder of any Mortgage, irrespective of when executed, given by Declarant or any Lot Owner encumbering any Lot or other
property located within the Community; and
10.1.1.4 the right of the Association to dedicate or transfer all or any portion of the Common Areas subject to such conditions as may be agreed to by the members of the Association.
No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer has been approved by the affirmative vote of at least seventy-five percent
(75%) of the Total Association Vote; provided, however, that during the Development Period, Declarant may, on its sole signature, dedicate or transfer portions of the Common Areas,
so long as such transfer or dedication does not materially and adversely affect the Association or any Lot Owner.
10.1.2 Any Lot Owner may delegate such Owner’s right of use and enjoyment in and to the Common Areas and facilities located thereon to the members of such Owner’s family and to such
Owner’s tenants and guests and shall be deemed to have made a delegation of all such rights to the Occupants of such Owner’s Lot, if leased.
10.2 Easements for Utilities. There is hereby reserved to the Declarant, the Association and any utility providers designated by either the Declarant or the Association blanket easements
upon, across, above and under all property within the Community for access, ingress, egress, installation, repairing, replacing, and maintaining all utilities serving the Community
or any portion thereof, including, but not limited to, gas, water, sanitary sewer, storm sewer, cable television, telephone and electricity. It shall be expressly permissible for the
Declarant, the Association, or the designee of either, as the case may be, to install, repair, replace, and maintain or to authorize the installation, repairing, replacing, and maintaining
of such wires, conduits, cables and other equipment related to the providing of any such utility or service. This easement shall be utilized so as to not unreasonably interfere with
improvements constructed upon any Lot and the building envelope for any unimproved Lot. Should any party furnishing any such utility or service request a specific license or easement
by separate recordable document, the Board shall have the right to grant such easement.
10.3 Easement for Maintenance. Declarant hereby expressly reserves a perpetual easement for the benefit of the Association across such portions of the Community, determined in the sole
discretion of the Association, as are necessary to allow for the maintenance required under Article 5. Such maintenance shall be performed with a minimum of interference to the quiet
enjoyment of Owner’s property, reasonable steps shall be taken to protect such property, and damage shall be repaired by the Person causing the damage at its sole expense.
10.4 Easement for Entry Features. If Declarant installs an entry feature, there is hereby reserved to the Declarant and the Association an easement for ingress, egress, installation,
construction, landscaping and maintenance of entry features and similar street-scapes for the Community, as more fully described on the recorded subdivision plat for the Community or
any other recorded instrument, easement or conveyance. The easement and right herein reserved shall include the right to cut, remove and plant trees, shrubbery, flowers and other vegetation
around such entry features and the right to grade the land under and around such entry features.
10.5 Construction and Sale Period Easement. Notwithstanding any provisions contained in this Declaration, the Bylaws, Articles of Incorporation, rules and regulations, design guidelines,
and any amendments thereto, so long as Declarant owns any property in the Community for development and/or sale, Declarant reserves an easement across all Community property for Declarant
and any builder or developer approved by Declarant to maintain and carry on, upon such portion of the Community as Declarant may reasonably deem necessary, such facilities and activities
as in the sole opinion of Declarant may be required, convenient, or incidental to Declarant’s and such builder’s or developer’s
development, construction, and sales activities related to property described above, including, but without limitation: the right of access, ingress and egress for vehicular and pedestrian
traffic and construction activities over, under, on or in the Community, including, without limitation, any Lot; the right to tie into any portion of the Community with driveways, parking
areas and walkways; the right to tie into and/or otherwise connect and use (without a tap-on or any other fee for so doing), replace, relocate, maintain and repair any device which
provides utility or similar services including, without limitation, electrical, telephone, natural gas, water, sewer and drainage lines and facilities constructed or installed in, on,
under and/or over the Community; the right to carry on sales and promotional activities in the Community; and the right to construct and operate business offices, signs, construction
trailers, model Single Family Homes, and sales offices. Declarant and any such builder or developer may use residences, offices, or other buildings owned or leased by Declarant or such
builder or developer as model residences and sales offices. Rights exercised pursuant to such reserved easement shall be exercised with a minimum of interference to the quiet enjoyment
of affected property, reasonable steps shall be taken to protect such property, and damage shall be repaired by the Person causing the damage at its sole expense. During the Development
Period, this Section shall not be amended without the Declarant’s express written consent.
10.6 Tract C Private Easements. Tract C includes a private access easement, a private water easement, and a private sanitary sewer easement for the benefit of Lot 5. The Owner of Lot
5 will be responsible for the maintenance of the private access easement (including the driveway), private water easement, and private sanitary sewer easement on Tract C. The remainder
of Tract C, including all other improvements and landscaping, will be maintained by the Association.
10.7 Public Utility Easements.
10.7.1 A non-exclusive easement is hereby reserved for and granted to Soos Creek Water & Sewer District, Puget Sound Energy, CenturyLink telephone company, the regional cable television
company, and their respective successors and assigns, under and upon the exterior 10 feet of all Lots as shown on the Plat, parallel with and adjoining the public street frontage, in
which to install, lay, construct, renew, operate and maintain underground conduits, mains, cables, and wires with necessary facilities and other equipment for the purpose of serving
the Community with electric, television, telephone and gas service, together with the right to enter upon the Lots at all times for the purpose herein stated. These easements entered
upon for these purposes shall be restored as near as possible to their original condition by the utility. No lines or wires for the transmission of electric current, telephone, or
cable television shall be placed or be permitted to be placed upon any Lot unless the same shall be underground or in conduit attached to a building.
10.7.2 A non-exclusive easement is hereby reserved for and granted to Soos Creek Water & Sewer District, under and upon the east 7.5 feet of Lot 15 and the west 7.5 feet of Lot 16, in
which to construct, operate, maintain, repair, replace and enlarge water service lines, water meters and fire hydrants, together with all necessary appurtenances
thereof, for the purpose of serving the Community with water service, together with the right to enter upon the streets, Lots, Tracts and spaces at all times for the purposes herein
stated.
10.8 Public Sewer Easement. A non-exclusive easement is hereby reserved for and granted to Soos Creek Water & Sewer District, over, under, through and upon Lot 1 and Tract “B,” as shown
on the Plat, for the purpose of constructing, reconstructing, installing, repairing, replacing, enlarging, operating and maintain utilities and utility pipelines serving the Community,
including but not limited to, water, sewer and storm drainage lines, together with the right of ingress and egress thereof, and subject to the other terms and conditions as stated on
the Plat.
ARTICLE 11
GENERAL PROVISIONS
11.1 Enforcement. Each Owner and Occupant shall comply strictly with the Association’s Bylaws, rules and regulations, the use restrictions, as they may be lawfully amended or modified
from time to time, and with the covenants, conditions, and restrictions set forth in this Declaration and in the deed to such Owner’s Lot, if any. After notice and an opportunity to
be heard by the Board of Directors or by a representative designated by the Board, and in accordance with rules and regulations adopted by the Board, the Board may levy reasonable fines
for violations of the above (in addition to any late charges that may be assessed in connection with the late payment of assessments or other Association charges) in accordance with
a previously established schedule adopted by the Board and furnished to the Owners, which fines shall be collected as provided herein for the collection of assessments. Failure to
comply with this Declaration, the Bylaws or the rules and regulations shall be grounds for an action to recover sums due for damages or injunctive relief, or both, maintainable by the
Board of Directors, on behalf of the Association, or, in a proper case, by an aggrieved Owner. Failure by the Association or any Owner to enforce any of the foregoing shall in no event
be deemed a waiver of the right to do so thereafter.
11.2 Duration. This Declaration shall run with and bind the Community, and shall inure to the benefit of and shall be enforceable by the Association or any Owner, their respective legal
representatives, heirs, successors, and assigns, perpetually to the extent provided by law; provided, however, so long as and to the extent that Washington law limits the period during
which covenants restricting land to certain uses may run, any provisions of this Declaration affected thereby shall run with and bind the land so long as permitted by such law, after
which time, any such provision shall be (a) automatically extended (to the extent allowed by applicable law) for successive periods of ten (10) years, unless a written instrument reflecting
disapproval signed by the then Owners of at least seventy-five percent (75%) of the Lots and the Declarant (so long as the Declarant owns any property for development and/or sale in
the Community) has been recorded within the year immediately preceding the beginning of a ten (10) year renewal period agreeing to change such provisions, in whole or in part, or to
terminate the same, in which case this Declaration shall be modified or terminated to the extent specified therein; or (b) extended as otherwise provided by law.
Every purchaser or grantee of any interest (including, without limitation, a security interest) in any real property subject to this Declaration, by acceptance of a deed or other conveyance
therefor, thereby agrees that such provisions of this Declaration may be extended and renewed as provided in this Section.
11.3 Amendments.
11.3.1 This Declaration may be amended unilaterally at any time and from time to time by Declarant (i) if such amendment is necessary to bring any provision hereof into compliance with
any applicable governmental statute, rule, or regulation or judicial determination which shall be in conflict therewith; (ii) if such amendment is necessary to enable any title insurance
company to issue title insurance coverage with respect to the 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 the Lots subject to this Declaration; or (iv) if such amendment is necessary to enable any governmental agency or private insurance company to insure or guarantee
Mortgage loans on the Lots subject to this Declaration; provided, however, any such amendment shall not adversely affect the title to any Owner’s Lot unless any such Lot Owner shall
consent thereto in writing. Further, so long as Declarant owns any property for development and/or sale in the Community, Declarant may unilaterally amend this Declaration for any
other purpose; provided, however, any such amendment shall not materially adversely affect the substantive rights of any Lot Owners hereunder, nor shall it adversely affect title to
any Lot without the consent of the affected Lot Owner.
11.3.2 This Declaration may also be amended upon the affirmative vote or written consent, or any combination thereof, of the Owners of at least seventy-five percent (75%) of the Total
Association Vote and the consent of Declarant (so long as the Declarant owns any Lot in the Community). Amendments to this Declaration shall become effective upon recordation, unless
a later effective date is specified therein.
11.4 Partition. The Common Areas shall remain undivided, and no Owner nor any other Person shall bring any action for partition or division of the whole or any part thereof without
the written consent of all Owners of all portions of the property located within the Community and without the written consent of all holders of all Mortgages encumbering any portion
of the property, including, but not necessarily limited to, the Lots located within the Community.
11.5 Gender and Grammar. The singular, wherever used herein, shall be construed to mean the plural, when applicable, and the use of the masculine pronoun shall include the neuter and
feminine.
11.6 Severability. Whenever possible, each provision of this Declaration shall be interpreted in such manner as to be effective and valid, but if the application of any provision of
this Declaration to any person or to any property shall be prohibited or held invalid, such
prohibition or invalidity shall not affect any other provision or the application of any provision which can be given effect without the invalid provision or application, and, to this
end, the provisions of this Declaration are declared to be severable.
11.7 Captions. The captions of each Article and Section hereof, as to the contents of each Article and Section, are inserted only for convenience and are in no way to be construed as
defining, limiting, extending, or otherwise modifying or adding to the particular Article or Section to which they refer.
11.8 Perpetuities. If any of the covenants, conditions, restrictions, or other provisions of this Declaration shall be unlawful, void, or voidable for violation of the rule against
perpetuities, then such provisions shall continue only until twenty-one (21) years after the death of the last survivor of the now-living descendants of the individuals signing this
Declaration.
11.9 Indemnification. To the fullest extent allowed by applicable Washington law, the Association shall indemnify every officer and director against any and all expenses, including,
without limitation, attorneys’ fees, imposed upon or reasonably incurred by any officer or director in connection with any action, suit, or other proceeding (including settlement of
any suit or proceeding, if approved by the then Board of Directors) to which such officer or director may be a party by reason of being or having been an officer or director. The officers
and directors shall not be liable for any mistake of judgment, negligent or otherwise, except for their own individual willful misfeasance, malfeasance, misconduct, or bad faith. The
officers and directors shall have no personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of the Association (except to the extent
that such officers or directors may also be members of the Association), and the Association shall indemnify and forever hold each such officer and director free and harmless against
any and all liability to others on account of any such contract or commitment. Any right to indemnification provided for herein shall not be exclusive of any other rights to which
any officer or director, or former officer or director, may be entitled. The Association may, at the discretion of the Board, maintain adequate general liability and officers’ and
directors’ liability insurance to fund this obligation, if such coverage is reasonably available.
11.10 Books and Records. This Declaration, the Articles of Incorporation, the Bylaws, copies of rules and regulations, Design Guidelines, use restrictions, membership register, books
of account, and minutes of meetings of the members of the Board and of committees shall be made available pursuant to reasonable procedures established by the Board for inspection and
copying by any member of the Association or by the duly appointed representative of any member and by holders, insurers, or guarantors of any First Mortgage at any reasonable time and
for a purpose reasonably related to such Person’s interest as a member or holder, insurer, or guarantor of a First Mortgage at the office of the Association or at such other reasonable
place as the Board shall prescribe.
11.11 Financial Review. At least annually, the Board of Directors shall prepare, or cause to be prepared, a financial statement of the Association. Upon written request of any institutional
holder of a First Mortgage and upon payment of all necessary costs, such holder shall be entitled to receive a copy of such financial statement within ninety (90) days of the date of
the request.
11.12 Notice of Sale, Lease or Acquisition. In the event an Owner sells or leases such Owner’s Lot, the Owner shall give to the Association, in writing, prior to the effective date
of such sale or lease, the name of the purchaser or lessee of the Lot and such other information as the Board may reasonably require. Upon acquisition of a Lot each new Owner shall
give the Association, in writing, the name and mailing address of the Owner and such other information as the Board may reasonably require.
11.13 Agreements. Subject to the prior approval of Declarant (so long as Declarant owns any property for development and/or sale in the Community or has the right to unilaterally annex
additional property to the Community) all agreements and determinations, including settlement agreements regarding litigation involving the Association, lawfully authorized by the Board
of Directors shall be binding upon all Owners, their heirs, legal representatives, successors, assigns, and others having an interest in the Community or the privilege of possession
and enjoyment of any part of the Community.
11.14 Implied Rights. The Association may exercise any right or privilege given to it expressly by this Declaration, the Bylaws, the Articles of Incorporation, any use restriction or
rule or regulation, and every other right or privilege reasonably to be implied from the existence of any right or privilege given to it therein or reasonably necessary to effectuate
any such right or privilege.
11.15 Variances. Notwithstanding anything to the contrary contained herein, the Board of Directors or its designee shall be authorized to grant individual variances from any of the
provisions of this Declaration, the Bylaws and any Design Guideline rule, regulation or use restriction established pursuant thereto if it determines that waiver of application or enforcement
of the provision in a particular case would not be inconsistent with the overall scheme of development for the Community.
11.16 Litigation. No judicial or administrative proceeding shall be commenced or prosecuted by the Association unless approved by at least seventy-five percent (75%) of the Total Association
Vote. This Section shall not apply, however, to (i) actions brought by the Association to enforce the provisions of this Declaration (including, without limitation, the foreclosure
of liens), (ii) the imposition and collection of assessments as provided in Article 4 hereof, (iii) proceedings involving challenges to ad valorem taxation, or (iv) counterclaims brought
by the Association in proceedings instituted against it. This Section shall not be amended unless such amendment is made by the Declarant pursuant to Section 11.3, hereof, or is approved
by the percentage votes, and pursuant to the same procedures, necessary to institute proceedings as provided above.
EXECUTED as of ___________________, 2017.
DECLARANT:
NORDIC RIDGE, LLC, a Washington limited liability company
By: _________________________________
Jeffrey E. Hamilton, CFO
STATE OF WASHINGTON )
) ss.
County of KING )
On this ____ day of ______________, 2017, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Jeffrey E.
Hamilton, to me known to be the Chief Financial Officer of Nordic Ridge, LLC, a Washington limited liability company, that executed the foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
(Type/Print Name)
NOTARY PUBLIC in and for the State of Washington, residing at
My appointment expires
EXHIBIT “A”
LEGAL DESCRIPTION OF THE PROPERTY
Lot 2, King County Short Plat number 67114, recorded under recording number 7904120867, being a revision of short plat recorded under recording number 7707210589, being a portion of
the northeast quarter of the northeast quarter of Section 32, Township 23 North, Range 5 East, Willamette Meridian, in King County, Washington;
Except that portion of said Lot 2 of the short plat deeded to King County under recording number 8310281128;
Together with the north 38.32 feet of the west 153 feet of the south half of the east half of the east half of the northeast quarter of the northeast quarter of Section 32, Township
23 North, Range 5 East, Willamette Meridian, in King County, Washington;
And the south 87 feet of the west 153 feet of the north half of the east half of the east half of the northeast quarter of the northeast quarter of Section 32, Township 23 North, Range
5 East, Willamette Meridian, in King County, Washington;
(also known as Lot 2, King County Lot Line Adjustment number S91L0057, recorded under recording number 9407260512).
EXHIBIT “B”
FENCE DESIGN