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HomeMy WebLinkAboutLUA-06-012_MiscLot Closure Calculations for Plat of Ridgeview Court AEC Job No. 0312 Parcel name: LOT 1 North: 180364.7059 East: 1312655.2536 Line Course: N 88-09-35 W Length: 90.024 North: 180367.5969 East: 1312565.2750 Line Course: N 00-44-31 E Length: 49.402 North: 180416.9948 East: 1312565.9147 Line Course: S 88-09-35 E Length: 90.024 North: 180414.1038 East: 1312655.8933 Line Course: S 00-44-31 W Length: 49.403 North: 180364.7049 East: 1312655.2536 Perimeter: 278.855 Area: 4,447 sq. ft. 0.10 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0010 Course: S 00-44-31 W Error North: -0.00100 East: -0.00001 Precision 1: 278,855.000 Page 1 of 24 January 3, 2006 P :\2003\0312\Survey\P arce\s\0312L C.doc DEVELOPMENT PLANNING CITY OF P,'ONTON FEB-9 2006 RECEIVED AMERICAN ENGINEERING (ORPOkAHl 4032 14Sth Avenue NE Redmond, WA 9S052 Lot Closure Calculations for Plat of Ridgeview Court AEC Job No. 0312 Parcel name: LOT 2 North: 180416.9953 East: 1312565.9148 line Course S 88-09-35 E Length: 90.024 North: 180414.1042 East: 1312655.8934 line Course: N 00-44-31 E Length: 40.007 North: 180454.1079 East: 1312656.4115 line Course: N 88-09-35 W Length: 90.024 North: 180456.9989 East: 1312566.4329 line Course S 00-44-31 W Length: 40.007 North: 180416.9953 East: 1312565.9148 Perimeter: 260.064 Area: 3,601 sq. It. 0.08 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East: 0.00000 Precision 1: 260,064,000.000 Page 2 of 24 January 3, 2006 P ;\2003\031 2\Survey\ParceJs\0312L C.doc AMERICAN ENGINEERING CORPORATION 4032 148th Avenue NE Redmond, WA 98052 Lot Closure Calculations for Plat of Ridgeview Court AEC Job No. 0312 Parcel name: LOT 3 North: 180454.1083 East: 1312656.4113 Line Course: N 88-09-35 W Length: 90.024 North: 180456.9993 East: 1312566.4328 Line Course: N 00-44-31 E Length: 56.736 North: 180513.7305 East: 1312567.1674 Curve Length: 2.125 Delta: 3-02-36 Chord: 2.124 Course In: S 01-08-53 E RP North: 180473.7386 End North: 180513.7167 Line Course: S 88-06'17 E North: 180511.7819 Curve Length: 18.508 Delta: 35-20-53 Chord: 18.216 Course In: S 01-53-42 W RP North: 180481.7983 End North: 180505.6805 Radius: 40.000 Tangent: 1.063 Course: S 89-37-35 E Course Out: N 01-53-43 E East: 1312567.9689 East: 1312569.2918 Length: 58.500 East: 1312627.7598 Radius: 30.000 Tangent: 9.559 Course: S 70-25-51 E Course Out: N 37-14-36 E East: 1312626.7678 East: 1312644.9238 Line Course: S 06-20-55 E Length: 4.660 North 180501.0491 East: 1312645.4391 Line Course: S 43-40-53 E Length: 7.111 North: 180495.9065 East: 13126503503 Line Course: S 81-59-38 E Length: 3.153 North: 180495.4673 East: 1312653.4 726 Curve Length: 14.581 Delta: 27-50-51 Chord: 14.438 Course In: S 62-53-40 W RP North: 180481.7984 End North: 180481.4099 Radius: 30.000 Tangent: 7.437 Course: S 13-10-55 E Course Out: S 89-15-29 E East: 1312626.7675 East: 1312656.7650 Line Course: S 00-44-31 W Length: 27.304 North: 180454.1082 East: 1312656.4114 Perimeter: 282.702 Area: 4,893 sq. It. 0.11 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0001 Course: S 43-58-59 E Error North: -0.00008 East: 0.00008 Precision 1: 2,827,030.000 Page 3 0124 January 3, 2006 P :12003103121Survey1Parcels10312LC .doc AMERICAN ENGINURING CORPORATION 4032 148th Avenue NE Redmond, WA 98052 Lot Closure Calculations for Plat of Ridgeview Court AEC Job No. 0312 Parcel name: LOT 4 North: 180435.6122 East: 1312516.1517 Line Course: S 89-15-29 E Length: 50.000 North: 180434.9648 East: 1312566.1475 Line Course: N 00-44-31 E Length: 78.772 North: 180513.7302 East: 1312567.1676 Curve Length: 30.918 Delta: 44-17-11 Chord: 30.154 Course In: S 01-08-53 E RP North: 180473.7382 End North: 180501.8072 Radius: 40.000 Tangent: 16.277 Course: S 66-42-31 W Course Out: N 45-26-04 W East: 1312567.9690 East: 1312539.4711 Curve Length 26.509 Radius: 50.000 Delta: 30-22-37 Tangent: 13.574 Chord: 26.200 Course: S 59-45-14 W Course In: N 45-26-04 W Course Out: S 15-03-27 E RP North: 180536.8934 East: 1312503.8487 End North: 180488.6102 East: 1312516.8381 Line Course: S 00-44-31 W Length: 53.002 North: 180435.6126 East: 1312516.1518 Perimeter: 239.201 Area: 3,371 sq. ft. 0.08 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0004 Course: N 05-24-30 E ErroTNorth: 0.00038 East: 0.00004 Precision 1: 598,002.500 Page 4 of 24 January 3, 2006 P:\2003\0312\Survey\Parcels\0312LC.doG AMERICAN ENGINEERING CORPORATION 4032148th Avenue NE Redmond, WA 98052 Lot Closure Calculations for Plat of Ridgeview Court AEC Job No. 0312 Parcel name: LOT 5 North: 180367.5971 East: 1312565.2751 Line Course: N 88-09-35 W Length: 50.009 North: 180369.2031 East: 1312515.2919 Line Course: N 00-44-31 E Length: 66.415 North: 180435.6125 East: 1312516.1519 Line Course: S 89-15-29 E Length: 50.000 North: 180434.9650 East: 1312566.1478 Line Course: S 00-44-31 W Length: 67.373 North: 180367.5977 East: 1312565.2753 Perimeter: 233.797 Area: 3,345 sq. ft. 0.08 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0006 Course: N 18-24-58 E Error North: 0.00059 East: 0.00020 Precision 1: 389,661.667 Page 5 of 24 January 3, 2006 P:\2003\0312\Su rvey\Parce!s\0312LCdoc AMERICAN ENGIHflRINti CORPORATION 4032 1481h Avenyg Mg' , , Redmond, WA ~/jQ§~' Lot Closure Calculations for Plat of Ridgeview Court AEC Job No. 0312 Parcel name: LOT 6 North: 180370.8090 East: 1312465.3151 Line Course: S 88-09-35 E Length: 50.002 North: 180369.2033 East: 1312515.2913 Line Course: N 00-44-31 E Length: 57.469 North 180426.6675 East: 1312516.0354 Line Course: N 89-15-29 W Length: 49.993 North: 180427.3148 East: 1312466.0466 Line Course: S 00-44-31 W Length: 56.510 North: 180370.8096 East: 1312465.3149 Perimeter: 213.975 Area: 2,849 sq. fL 0.07 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0006 Course: N 18-13-28 W Error North: 0.00055 East: -0.00018 Precision 1: 356,623.333 Page 6 of 24 January 3, 2006 P :\2003\0312\Survey\Parce!s\0312LC.doc AMERICAN ENGINEERING CORPORATIOItJ 4032 148th Avenue NE Redmond, WA 98052 Lot Closure Calculations for Plat of Ridgeview Court AEC Job No. 0312 Parcel name: LOT 7 North: 180426.6673 East: 1312516.0359 line Course: N 89-15-29 W Length 49.993 North 180427.3147 East: 1312466.0471 line Course: N 00-44-31 E Length: 75.759 North: 180503.0673 East: 1312467.0281 Curve Length: 54.528 Delta: 62-29-05 Chord: 51.866 Course In: N 47-25-38 E RP North: 180536.8937 End North: 180488.6104 Radius: 50.000 Tangent: 30.332 Course: S 73-48-55 E Course Out: S 15-03-27 E East: 1312503.8490 East: 1312516.8384 line Course: S 00-44-31 W Length: 61.948 North: 180426.6676 East: 1312516.0363 Perimeter: 242.228 Area: 3,188 sq. ft. 0.07 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0004 Course: N 58-25-42 E Error North: 0.00023 East: 0.00037 Precision 1: 605,570.000 Page 7 of 24 January 3, 2006 P:\2003\0312\Survey\Parcels\0312LC.doc AMER'~~:~Gl48NtEhERA'NG CORPORAl/Of venue NE Redmond, WA 98052 Lot Closure Calculations for Plat of Ridgeview Court AEC Job No. 0312 Parcel name: LOT B North: 180370.8090 East: 1312465.3151 Line Course: N 88-09-35 W Length: 43.780 North: 180372.2150 East: 1312421.5576 Line Course: N 00-47-48 E Lenglh: 132.993 North: 180505.1951 East: 1312423.4068 Line Course: S 89-12-12 E Length: 42.267 North: 180504.6074 East: 1312465.6697 Curve Length: 2.054 Delta 2-21-12 Chord: 2.054 Course In: N 49-46-50 E RP North: 180536.8933 End North: 180503.0670 Radius: 50.000 Tangent: 1.027 Course: S 41-23-46 E Course Out: S 47-25-38 W East: 1312503.8485 Easl: 1312467.0276 Line Course: S 00-44-31 W Length: 132.269 North: 180370.8090 East: 1312465.3149 Perimeter: 353.362 Area: 5,829 sq. ft. 0.13 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0002 Course: N 86-38-39 W Error North: 0.00001 East: -0.00021 Precision 1: 1,766,815.000 Page B of 24 January 3, 2006 P :\2003\0312\Survey\P arcels\0312LC .doc AMERICAN ENGINEERING CORPORATION 4032 1481h Avenue NE Redmond. WA 98052 Lot Closure Calculations for Plat of Ridgeview Court AEC Job No. 0312 Parcel name: LOT 9 North: 180506.0990 East: 1312358.4164 Line Course: N 00-47-45 E Length: 40.000 North: 180546.0951 East: 1312358.9720 Line Course: S89-12-12 E Length: 95.510 North: 180544.7671 East: 1312454.4728 Curve Length: 43.005 Delta: 49-16-47 Chord: 41.691 Course In: S 80-56-23 E RP North: 180536.8935 End North: 180504.6076 Radius: 50.000 Tangent: 22.934 Course: S 15-34-47 E Course Out: S 49-46-50 W East: 1312.503.8489 East: 1312465.6701 Line Course: N 89-12-12 W Length: 107.266 North: 180506.0990 East: 1312358.4165 Perimeter: 285.778 Area: 3,928 sq. It. 0.09 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0001 Course: N 28-47-10 E Error North: 0.00005 East: 0.00003 Precision 1: 2,857,790.000 Page 9 0124 January 3, 2006 P :\2003\0312\S urvey\Parcels\0312LC .doc AMERICAN ENGINEERING CORPORATJOIi. 4032148th Avenue NE Redmond, WA 98052 Lot Closure Calculations for Plat of Ridgeview Court AEC Job No. 0312 Parcel name: LOT 10 North: 180546.0951 East: 1312358.9721 Line Course: N 00-47-45 E Length: 40.000 North: 180586.0912 East: 1312359.5276 Line Course: S 89-12-12 E Length: 108.559 North: 180584.5818 East: 1312468.0761 Line Course: S 00-44-31 W Length: 12.928 North: 180571.6549 East: 1312467.9087 Curve Length: 30.530 Delta: 34-59-07 Chord: 30.058 Course In: S 45-57-16 E RP North: 180536.8934 End North: 180544.7671 Radius: 50.000 Tangent: 15.758 Course: S 26-33-10 W Course Out: N 80-56-23 W East: 1312503.8481 East: 1312454.4719 Line Course: N 89·12-12 W Length: 95.510 North: 180546.0951 East: 1312358.9712 Perimeter: 287.527 Area: 4,119 sq. ft. 0.09 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0009 Course: S 87-28-11 W Error North: -0.00004 East: -0.00089 Precision 1: 319,474.444 Page 10 of 24 January 3, 2006 P :\2003\0312\Survey\Parcels\0312LC.doc AMIRICAN ENGINEERING CORPORATIOH 4032 148th Avenue NE Redmond, WA 98052 Lot Closure Calculations for Plat of Ridgeview Court AEC Job No. 0312 Parcel name: LOT 11 Norlh: 180584.5817 East: 1312468.0767 Line Course: N 89-12-12 W Length: 108.559 North: 180586.0911 East: 1312359.5281 Line Course: N 00-47-45 E Length: 40.000 North: 180626.0872 East: 1312360.0R37 Line Course: S 89-12-12 E Length: 108.522 North: 180624.5784 East: 1312468.5952 Line Course: S 00-44-31 W Lenglh 40.000 North: 180584.5817 East: 1312468.0773 Perimeter: 297.081 Area: 4,342 sq. It. 0.10 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0006 Course: N 89-06-57 E Error North: 0.00001 East: 0.00062 Precision 1: 495,135.000 Page 11 of 24 January 3, 2006 P :\2003\0312\Survey\Parcels\0312l C .doc AMERICAN ENGINEERING CORPORATIO~j 4032 148th Avenue NE Redmond. WA 98052 Lot Closure Calculations for Plat of Ridgeview Court AEC Job No. 0312 Parcel name: LOT 12 North: 180626.0874 East: 1312360.0833 Line Course: S 89-12-12 E Length: 108.522 North: 180624.5785 East: 1312468.5948 Line Course: N 00-44-31 E Length: 40.000 North 180664.5751 East: 1312469.1128 Line Course N 89-12-12 W Length: 108.484 North: 180666.0835 East: 1312360.6393 Line Course: S 00-47-45 W Length: 40.000 North: 180626.0874 East: 1312360.0837 Perimeter: 297.006 Area: 4,340 sq. ft. 0.10 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0004 Course: S 86-26-39 E Error North: -0.00002 East: 0.00038 Precision 1: 742,515.000 Page 12 of 24 January 3, 2006 P ;\2003\0312\Survey\Parcel s\0312LC.doc AMfRICAN ENGINEERING CORPORATION 4032 148th Avenue NE Redmond, WA 98052 Lot Closure Calculations for Plat of Ridgeview Court AEC Job No. 0312 Parcel name: LOT 13 North: 180666.0835 East: 1312360.6389 Line Course: S 89-12-12 E Length: 108.484 North: 180664.5752 East: 1312469.1125 Line Course: N 00-44-31 E Length: 36.435 North: 180701.0071 East: 1312469.5843 Line Course: N 88-06-17 W Length: 108.4 70 North: 180704.5945 East: 1312361.1736 Line Course: S 00-47-45 W Length: 38.514 North: 180666.0842 East: 1312360.6387 Perimeter: 291.903 Area: 4,065 sq. ft. 0.09 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0008 Course: N 22-18-10 W Error North: 0.00071 East: -0.00029 Precision 1: 364,878.750 Page 13 of 24 January 3, 2006 P ;\2003\0312\Survey\Parcels\0312LC.doc AMERICAN ENGINEERING CORPORATIOf.l 4032 148th Avenue NE Redmond, WA 98052 Lot Closure Calculations for Plat of Ridgeview Court AEC Job No. 0312 Parcel name: LOT 14 North: 180645.9944 East: 1312468.8719 Line Course: S 89-15-29 E Length: 50.000 North: 180645.3469 East: 1312518.8677 Line Course: S 00-44-31 W Length: 60.528 North: 180584.8240 East: 1312518.0840 Curve Length: 54.538 Radius: 50.000 Delta: 62-29-45 Tangent: 30.338 Chord: 51.874 Course: S 75-17-36 W Course In: S 16-32-29 W Course Out: N 45-57-16 W RP North: 180536.8933 East: 1312503.8486 End North: 180571.6548 East: 1312467.9092 Line Course: N 00-44-31 E Length: 74.346 North: 180645.9946 East: 1312468.8719 Perimeter: 239.412 Area: 3,117 sq. ft. 0.07 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0002 Course: N 06-23-43 W Error North: 0.00018 East: -0.00002 Precision 1: 1,197,060.000 Page 14 of 24 January 3, 2006 P ;\2003\0312\Survey\Parcel 5\0312 LC.doG AMERICAN ENGINEERING CORPORATlO~J 4032 148th Avenue NE Redmond, WA 98052 Lot Closure Calculations for Plat of Ridgeview Court AEC Job No. 0312 Parcel name: LOT 15 North: 180645.9944 East: 1312468.8719 Line Course: S 89-15-29 E Length: 50.000 North: 180645.3469 East: 1312518.8677 Line Course: N 00-44-31 E Length: 54.011 North: 180699.3534 East: 1312519.5671 Line Course: N 88-06-17 W Length: 50.010 North: 180701.0074 East: 1312469.5845 Line Course: S 00-44-31 W Length: 55.017 North: 180645.9950 East: 1312468.8721 Perimeter: 209.038 Area 2,726 sq. ft. 0.06 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0006 Course: N 12-58-52 E Error North 0.00060 East: 0.00014 Precision 1: 348,396.667 Page 15 of 24 January 3, 2006 P:\2003\0312\Survey\Parcels\0312LC.doc AMERICAN ENGINEERING (ORPORAT/O~1 4032 148th Avenue NE Redmond, WA 98052 Lot Closure Calculations for Plat of Ridgeview Court AEC Job No. 0312 Parcel name: LOT 16 North: 180643.2674 East: 1312518.8408 Line Course S 89-15-29 E Length: 50.000 North: 180642.6199 East: 1312568.8366 Line Course: N 00-44-31 E Length: 55.084 North: 180697.6993 East: 1312569.5499 Line Course: N 88-06-17 W Length: 50.010 North: 180699.3533 East: 1312519.5673 Line Course: S 00-44-31 W Length: 56090 North: 180643.2680 East: 1312518.8409 Perimeter: 211.184 Area: 2,779 sq. ft. 0.06 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0006 Course: N 12-58-52 E Error North: 0.00.060 East: 0.00014 Precision 1: 351,973.333 Page 16 of 24 January 3, 2006 P :\2003\0312\Survey\Parcels\0312LC .doc AMERICAN ENGINEERING (ORPORATlO.1 4032 148th Avenue NE Redmond, WA 98052 Lot Closure Calculations for Plat of Ridgeview Court AEC Job No. 0312 Parcel name: LOT 17 North: 180643.2674 East: 1312518.8408 Line Course: S 89·15-29 E Length: 50.000 North: 180642.6199 East: 1312568.8366 Line Course: S 00·44-31 W Length 86.725 North: 180555.9022 East: 1312567.7136 Curve Length: 30.067 Delta 43·04·04 Chord: 29.364 Course In: N 06·09·26 E RP North: 180595.6714 End North: 180569.5478 Curve Length: 28.522 Delta: 32-41-01 Chord: 28.137 Course In: S 49-13-30 W RP North: 180536.8933 End North: 180584.8240 Radius: 40.000 Tangent: 15.784 Course: N 62-18-32 W Course Out: S 49-13-30 W East: 1312572.0039 East: 1312541.7127 Radius: 50.000 Tangent: 14.661 Course: N 57-07-01 W Course Out: N 16-32-29 E East: 1312503.8487 East: 1312518.0841 Line Course: N 00-44-31 E Length: 58.448 North: 180643.2671 East: 1312518.8409 Perimeter: 253.762 Area: 3,684 sq. It. 0.08 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0003 Course: S 26-58-18 E Error North: -0.00023 East: 0.00012 Precision 1: 845,873.333 Page 17 of 24 January 3, 2006 P:\2003\0312\Survey\Parce!s\0312LC.doc AMERICAN ENGINURIN6 CORPORATlmJ 4032 148th Avenue NE Redmond, WA 98052 Lot Closure Calculations for Plat of Ridgeview Court AEC Job No. 0312 Parcel name: LOT 18 North: 180555.9022 East: 1312567.7136 Line Course: N 00-44-31 E Length: 56.191 North: 180612.0885 East: 1312568.4413 Line Course: S 88-06-17 E Length: 90.027 North: 180609.1110 East: 1312658.4190 Line Course: S 00-44-31 W Length: 25.691 North: 180583.4222 East: 1312658.0863 Curve Length 15.004 Radius: 30.000 Delta: 28-39-23 Tangent: 7.663 Chord: 14.849 Course: S 15-04-13 W Course In: N 89-15-29 W Course Out: S 60-36-06 E RP North: 180583.8106 East: 1312628.0889 End North: 180569.0843 East: 1312654.2257 Line Course: S 84-08-43 W Length: 3.007 North: 180568.7775 East: 1312651.2344 Line Course: S 46-19-07 W Length: 7.112 North: 180563.8657 East: 1312646.0910 Line Course: S 08-29-30 W Length: 4.598 North: 180559.3181 East: 1312645.4121 Curve Length: 19.461 Delta: 37-10-01 Chord: 19.121 Course In: N 35-16-18 W RP North: 180583.8108 End North: 180553.8272 Radius: 30.000 Tangent: 10.086 Course: S 73-18-43 W Course Out: S 01-53-43 W East: 1312628.0885 East: 1312627.0963 line Course: N 88-06-17 W Length: 56.446 North: 180555.6940 East: 1312570.6812 Curve Length: 2.975 Delta: 4-15-43 Chord: 2.975 Course In: N 01-53-43 E RP North: 180595.6721 End North: 180555.9029 Radius: 40.000 Tangent: 1,488 Course: N 85-58-26 W Course Out: S 06-09-26 W East: 1312572.0041 East: 1312567.7138 Perimeter: 280.512 Area: 4,835 sq. ft. 0.11 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0007 Course: N 11-09-37 E Error North: 0.00070 East: 0.00014 Precision 1: 400,731.429 Page 18 of 24 January 3, 2006 P :\2003\0312\SurJey\Parcels\0312L C.doc AMERICAN ENGINEERING CORPORATION 4032 148th Avenue NE Redmond, WA 98052 Lot Closure Calculations for Plat of Ridgeview Court AEC Job No. 0312 Parcel name: LOT 19 North: 180612.0881 East: 1312568.4412 Line Course: S 88-06-17 E Length: 90.027 North: 180609.1107 East: 1312658.4190 Line Course: N 00-44-31 E Length: 40.008 North: 180649.1153 East: 1312658.9370 Line Course: N 88-06-17 W Length: 90.027 North: 180652.0928 East: 1312568.9593 Line Course: S 00-44-31 W Length: 40.008 North 180612.0881 East: 1312568.4412 Perimeter: 260.069 Area: 3,601 sq. ft. 0.08 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East: 0.00000 Precision 1: 260,070,000.000 Page 19 of 24 January 3, 2006 P :\2003\0312\Survey\Parcels\0312L C.doc AMERICAN ENGINEERING CORPORATION 4032 148th Avenue NE Redmond. WA 98052 Lot Closure Calculations for Plat of Ridgeview Court AEC Job No. 0312 Parcel name: LOT 20 North: 180652.0929 East: 1312568.9593 Line Course: S 88-06-17 E Length: 90.027 North: 180649.1154 East: 1312658.9370 Line Course: N 00-44-31 E Length: 45.610 North: 180694.7216 East: 1312659.5276 Line Course: N 88-06-17 W Length: 90.027 North: 180697.6990 East: 1312569.5499 Line Course: S 00-44-31 W Length: 45.610 North: 180652.0929 East: 1312568.9593 Perimeter: 271.273 Area: 4,105 sq. ft. 0.09 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East: 0.00000 Precision 1: 271,274,000.000 Page 20 of 24 January 3, 2006 P:\2003\0312\Survey\P arcels\Q312LC .doc 'll~tKI(AN ENGINEERING CORPORATION 4032 148th Avenue NE Redmond, WA 98052 Lot Closure Calculations for Plat of Ridgeview Court AEC Job No. 0312 Parcel name: TRACT A (STORM WATER DETENTION) North: 180372.2150 East: 1312421.5580 Line Course: N 88-09-35 W Length: 65.006 North: 180374.3026 East: 1312356.5855 Line Course: N 00-47-45 E Length: 131.809 North: 180506.0989 East: 1312358.4162 Line Course: S 89-12-12 E Length: 64.997 North: 180505.1952 East: 1312423.4070 Line Course: S 00-47-48 W Length: 132.993 North: 180372.2150 East: 1312421.5578 Perimeter: 394.805 Area: 8,606 sq. ft. 0.20 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0,0001 Course: S 83-35-16 W Error North: -0.00002 East: -0,00013 Precision 1: 3,948,050.000 Page 21 of 24 January 3, 2006 P :\2003\0312\Survey\P arcels\0312LC.doc AMERICAN ENGINEERING CORPORAllOIll 4032148th Avenue NE Redmond, WA 98052 Lot Closure Calculations for Plat of Ridgeview Court AEC Job No. 0312 Parcel name: ROAD DEDICATIONS North: 180511.7816 Curve Length: 18.508 Delta 35-20-53 Chord: 18.216 Course In: S 01-53-42 W RP North: 180481.7980 End North: 180505.6801 East: 1312627.7595 Radius: 30.000 Tangent: 9.559 Course: S 70-25-51 E Course Out: N 37-14-36 E East: 1312626.7674 East: 1312644.9235 Line Course: S 06-20-55 E Length: 4.660 North: 180501.0487 East: 1312645.4388 Line Course: S 43-40-53 E Length: 7.111 North: 180495.9061 East: 1312650.3500 Line Course: S 81-59-38 E Length: 3.153 North: 180495.4670 East: 1312653.4722 Curve Length: 14.581 Delta: 27-50-51 Chord: 14.438 Course In: S 62-53-40 W RP North: 180481.7980 End North 180481.4095 Radius: 30.000 Tangent: 7.437 Course: S 13-10-55 E Course Out: S 89-15-29 E East: 1312626.7672 East: 1312656.7647 Line Course: S 00-44-31 W Length: 116.713 North: 180364.7063 East: 1312655.2533 Line Course: S 88-09-35 E Length: 17.503 North: 180364.1443 East: 1312672.7473 Line Course: N 00-44-31 E Length: 330.027 North: 180694.1436 East: 1312677.0208 Line Course: N 88-06-17 W Length: 17.504 North: 180694.7225 East: 1312659.5264 Line Course: S 00-44-31 W Length: 111.309 North: 180583.4228 East: 1312658.0851 Curve Length: 15.004 Radius: 30.000 Delta: 28-39-23 Tangent: 7.663 Chord: 14.849 Course: S 15-04-13 W Course In: N 89-15-29 W Course Out: S 60-36-06 E RP North: 180583.8113 East: 1312628.0876 End North: 180569.0849 East: 1312654.2244 Line Course: S 84-08-43 W Length: 3.007 North: 180568.7782 East: 1312651.2331 Line Course: S 46-19-07 W Length: 7.112 North 180563.8663 East: 1312646.0898 Line Course: S 08-29-30 W Length: 4.598 Page 22 of 24 January 3. 2006 P:\2003\0312\Survey\Parcels\0312LC.doc AMERICAN ENGINEERING CORPORATION 4032 148th Avenue NE Redmond, WA 98052 Lot Closure Calculations for Plat of Ridgeview Court AEC Job No. 0312 North: 180559.3187 East: 131 2645.4108 Curve Length: 19.461 Radius: 30.000 Delta: 37-10-01 Tangent: 10.086 Chord: 19.121 Course: S 73-18-43 W Course In: N 35-16-18 W Course Out: S 01-53-43 W RP North: 180583.8114 East: 1312628.0872 End North: 180553.8278 East: 1312627.0950 Line Course: N 88-06-17 W Length: 56.446 North: 180555.6947 East: 1312570.6799 Curve Length: 33.045 Delta: 47-19-47 Chord: 32.111 Course In: N 01-53-43 E RP North: 180595.6728 End North: 180569.5492 Curve Length: 239.686 Delta: 274-39-34 Chord: 67.778 Course In: S 49-13-30 W RP North: 180536.8947 End North: 180501.8084 Curve Length: 33.042 Delta: 47-19-47 Chord: 32.111 Course In: S 45-26-04 E RP North 180473.7394 End North: 180513.7175 Radius: 40.000 Tangent: 17.530 Course: N 64-26-24 W Course Out: S 49-13-30 W East: 1312572.0028 East: 1312541.7116 Radius: 50.000 Tangent: 46.091 Course: S 01-53-43 W Course Out: S 45-26-04 E East: 1312503.8476 East· 1312539.4700 Radius: 40.000 Tangent: 17.530 Course: N 68-13-49 E Course Out: N 01-53-43 E East: 1312567.9679 East: 1312569.2908 Line Course: S 88-06-17 E Length: 58.500 North: 180511.7828 East: 1312627.7588 Perimeter: 1110.968 Area: 18,604 sq. It. 0.43 acres Mapcheck Closure -(Uses listed courses, radH, and deltas) Error Closure: 0.0014 Course: N 28-11-32 W Error North: 0.00122 East: -0.00065 Precision 1: 793,547.857 Page 23 of 24 January 3, 2006 P:\2003\0312\S urvey\Parcels\0312LC.doc AMERICAN ENGINEERING CORPORATION 4032 148th Avenue NE Redmond, WA 98052 Lot Closure Calculations for Plat of Ridgeview Court AEC Job No. 0312 Parcel name: TOTAL PARCEL North: 180694.1429 East: 1312677.0212 Line Course: S 00-44-31 W Length: 330.027 North: 180364.1435 East: 1312672.7477 Line Course: N 88-09-35 W Length: 316.325 North: 180374.3018 East: 1312356.5858 Line Course: N 00-47-45 E Length: 330.323 North: 180704.5930 East: 1312361.1738 Line Course: S 88-06-17 E Length: 316.020 North: 180694.1413 East: 1312677.0209 Perimeter: 1292.696 Area: 104,373 sq. ft. 2.40 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0016 Course: S 08-40-51 W Error North: -0.00160 East: -0.00024 Precision 1: 807,934.375 Page 24 of 24 January 3, 2006 P:\2003\0312\Survey\P a rcels\0312LC.doc AMfRICAN ENGINEERING CORPORATION 4032148th Avenue NE Redmond, WA 98052 DECLARATIONS OF COVENANTS, CONDITIONS AND RESTRICTION OF RIDGEVIEW COURT RENTON, WASHINGTON TABLE OF CONTENTS DESCRIPTIO!\' OF THE LAND ARTICLE 1 INTERPRETATION 1 .1 Liberal Constmction 1.2 1.3 14 1.5 1.6 1.7 Covenant Running with Land DeclarJ11t is OnglnalOwner. Captions Definitions Percentage of Mortgagees Percentage of Owners ARTICLE 2 OWNERSHIP OF COMMON AREA 2.1 Ownership of Common Area ARTICLE 3 OWNER'S PROPERTY RIGHTS 3.1 3.2 Owner's Rights of Enjoyment Delegation of Use ARTICLE 4 OWNERS ASSOCIATION Establishment Page 2 2 2 3 3 4 4 5 5 4.1 4.2 4.3 4.3.2 44 44.1 44.2 4.5 Form of Association 5 - - - - - - - - - - - - - - - - - - ----------------------------- Membership ............................................................ 5 Transfer of Membership ......................................... 5 Voting .. ................................... 6 Classes of Voting Membership Number of Votes Bylaws of Association ARTICLE 5 MANAGEMENT OF THE ASSOCIATION 5.1 Administration of the Development ........................ . 5.2 Management by Declarant ...................... . 5.3 Management by Elected Board of Directors 54 Authority and Duties of the Board 54.1 Assessments 5.4.2 5.4.3 544 5.4.5 54.6 5.4.7 5.4.8 54.9 54.10 Services Utilities Insurance ----------------------------------------- Maintenance and Repair of Common Areas Maintenance of Rights of Way, etc Fences, Landscaping, etc Enforce Declaration - - ----" . - - - - - - - - - - - - - - - - - --- - ------- Contracting & Payment for Materials, Services, etc. Attomey-in-Fact 6 6 6 6 6 7 7 7 7 7 7 7 8 8 8 8 8 5.4.11 5.4.12 5.4.13 Borrowing of Funds ....... ., ...... . Adoption of Rules and Regulation. Fines Addiltonal Powers of Association 8 8 ') ARTICLE 6 ARCHITECTUAL CONTROL 6.1 6.2 6.3 6.4 Construction and Exterior Alteration or Repair Sales Facilities of Declarant Variances Appeals 'J 11 I 1 I 1 ARTICLE 7 USE AND MAINTENANCE OBLIGATION OF OWNERS 7.1 Mamtenance of Lots 12 12 12 12 13 13 13 13 13 13 7.2 7.3 7.4 7.5 7.6 77 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 Residential Use - - - - - - -_. - - - - - - - - - - - - - - - - - - - - - - - - - - - --------------- Restriction on Further Subdivision Rental Lots - - - - - - - - - - - - - - - - - - - - - -_. -.- Zoning Regulations Business Use Building Sethack Requirements Oil and Mining Operations Catch Basin Lot Size Garages ............................. . 13 Square Footage......... .... .................................. 14 Mobile or Manufactured Housing Driveway Standards Parking Roof Exterior Finish Utilities Antenna 14 14 14 14 14 15 IS Fencing .... ................................... 15 Fireplace Chimneys ........................................... . 15 Garbage and Refuse ............................................... 15 Games and Play Structures ............................... 15 Construction of Significant Recreation Facilities 16 Livestock and Poultry .......... .......... 16 Landscaping ............... . Signs Temporary Structures ... Completion of Construction Easements ------------ Use During Construction Excavations Nuisances Cloths Lines. Other Structures II 16 16 16 16 16 17 17 17 17 7.35 7.36 7.37 7.38 Common Drives Building Height Stonn Runoff Stornl Detention Operations and Maintenance ARTICLE 8 COMMON EXPENSES AND ASSESSMENTS Creation oCthe Lien & Personal Obligation of Assessments Unifonn Rate Initial Assessment Amount Limitation on Annual Assessment Amount Board Authority _________________________ _ Annual Increase in Dollar Limit Owner Approval Required ___________________ _ Manner and Time of Payment Accounts Lien Waiver of Homestead Continuing Liability for Assessments Records, Financial Statements Certi ficate of Assessment - - - - - - - - - --- - - - ------------------ 17 17 ]7 17 18 18 18 18 18 19 19 19 19 19 20 20 20 20 8.1 8.2 8.3 84 84.1 84.2 84.3 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 Foreclosure of Assessment Lien, Attorneys' Fees & Costs 20 Curing ofDefault__________.___________ 21 Omission of Assessment 21 " - - - - - - - - --------------- - - - - - - - - - - --- Assessment Deposit______________________ 21 Exempt Property___________________ 21 Effect of Legal Proceedings 22 ARTICLE 9 COMPLIANCE WITH DECLARATION 9 _1 Enforcement 9_1.1 9_1.2 9.1.3 9.2 9.3 94 Compliance of Owner ______ . _____________________ _ Compliance of Lessee ____________________ _ Attorney's Fees _________________________________________ _ No Waiver of Strict Perfonnance Right of Entry ______ __ _ _________ _ Remedies Cumulative ARTICLE 10 LIMITATION OF LIABILITY 22 22 22 22 23 23 23 10.1 No Personal Liability _______ _________________ 23 10.2 Indemnification of Board Members 23 ARTICLE 11 MORTGAGEE PROTECTION 11_1 Priority of Mortgagee 11_2 Effect of Declaration Amendments 1l.3 Right of Lien Holder III 24 24 24 11.4 Change in Manner of Architectural Review & Maintenance Within Project 11.5 11.6 Copics of Notices Furnishing of Documents ARTICLES 12 EASEMENTS 12.1 Association Functions 12.2 Easements Over Common Areas 12.3 Access to Public Streets 12.4 Utility Easements ARTICLE 13 TERM OF DECLARATION 13.1 Duration of Covenants ----------------------------- 13.2 Abandonment of Subdivision Status ARTICLE 14 AMENDMENT OF DECLARATION, PLAT MAP 14.1 Declaration Amendment 14.2 Plat Map 14.l 14.4 14.5 Amendments to Conform to Construction Amendments to Conform to Lending Institution Gllidelines Article 16 Amendments ARTICLE 15 INSURANCE 15.1 Insurance 24 25 25 25 25 25 25 26 26 26 27 27 27 27 28 ARTICLE 16 ANNEXATION & WITHDRAWAL OF ADDITIONAL PROPERTIES 16.1 Annexation and Withdrawal by Declarant 28 16.2 16.3 Non-Declarant Annexations - - - - - - - - - --------------------- Common Areas Within Additional Lands 28 29 ARTICLE 17 MISCELLANEOUS 17.1 Notices 29 17.2 17.3 17.4 17.5 17.5.1 17.5.2 17.6 17.7 17.8 Conveyances. Notice Required .. _ ................. 29 Successor and Assigns ... _ ... _ ......... _._. 30 Joint and Several Liability............ . .............. __ .... 30 Mortgagee's Acceptance .. _. __ ..... _ ... _ ........ _._._. Priority of Mortgage .......... _ ............ _. __ . Acceptance Upon First Conveyance Severability Effective Date Government Right of Access lV 30 30 30 30 30 30 DECLARATION OF COVENA!\TS, CONDITIONS AND RESTRICTIONS OF RIDGEVIEW COURT RENTON, WASHINGTON THIS DECLARATION is made this __ -,--_ DA Y OF ______ 200 ___ , by the undersigned RIDGEVIEW COURT, LLC DESCRIPTION OF THE LAND A. RIDGEVIEW COURT, LLC owns certain rcal property located within the State of Washington, which property and improvements are commonly known as the plat of RIDGEVIEW COURT, located in the City of Renton, King County, Washington and legally described in the attached Exhibit A (the "Proj eet"). All Common Areas of the Project are shown on the Plat Maps recorded in conjunction with this Declaration. B. For the benefit and protection of the Project, to enhance its value and attractiveness, and as an inducement to lenders and investors to makc and purchase loans secured by Lots within the Project, RIDGEVIE W COURT, LLC agrees to provide herein for a method of use and architectural control within the Project. NOW, THEREFORE, RIDGEVIEW COURT, LLC hereby declares that the Lots described herein shall be held, conveyed, encumbered, leased, rented, used, occupied and improved subject to the following uniform covenants, conditions, restriction, grants of easement, rights, rights-of-way, liens, charges and equitable servitudes. Any conveyance, transfer, sale, assignment, lease or sublease of a Lot in the Project, shall and hereby is deemed to incorporate by reference all provisions of the Declaration. The provisions of the Declaration shall be enforceable by Declarant, any Lot Owner, the Association, and any first mortgagee of any Lot. ARTICLE 1 INTERPRETATION 1.1 Liberal Construction. The provisions of the Declaration shall be liberally construcd to effectuate its purpose of creating a uniform plan for the operation and maintenance of the Project. 1.2 Covenant Running with Land. It is intended that this Declaration shall be operative as a set of covenants running with the land, or equitable servitudes, binding on Ridgeview Court, LLC, their respective successors, heirs, executors, administrators, devisces or assigns. 1.3 Declarant is Original Owner. Ridgeview Court, LLC is the original Owner of all Lots and Project and will continue to be c!eemedthe Owner thereof except as conveyances or documents changing such Ownership regarding specifically described Lots or portions of the Project are filed ofrecord. 1.4 Captions, Captions given to the various articles and sections herein arc for convenience only and are not intended to modify or affect the meaning of any of the substantive provisions hereof. 1.5 Definitions .. 1.5.1 "ACC" shall mean the Architectural Control Committee provided for in Article 6. 1.5.2 "Association" shall mean the Owner's Association provided for in Article 4 and its successors and assigns. 1.5.3 "Board" shall mean the Board ofDireetors of the Association provided for in Article 5. 1.5.4 "Bvlaws" shall mean the duly adopted bylaws of the Association. 1.5.5 "Common Area" shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the Owners and shall include (unless/until dedicated to a government entity) all Common Areas described on the Plat Map; Project entry sign(s) and landscaping, planter islands and planted medians on roads or cul-de-sacs, and mailbox stands serving more then one Lot. 1.5.6 "Declarant" shall mean RIDGEVIEW COURT, LLC (being the Owner of the real property described in Exhibit A thereof) and its successors and assigns if such successors or assigns should acquire more then one undeveloped Lot from the Declarant for the purpose of development and by written instrument in recordable iorm be specifically assigned the rights and duties ofDeclaranl. 1.5.7 "Declaration" shall mean this declaration and any amendments thereto. 1.5.8 "Homc" shall mean and refer to any structure or portion of a structure, located on a Lot, which structure is designed and intended for use and occupancy as a residence by a single family or which is intended for use in connection with such rcsidence. 1.5.9 "Lot" shall mean and refer to any plot of land shown upon any recorded Plat Map of the Project excluding Common Areas. Lot shall not include any land now or hereafter owned by the Association or by all of the lot Owners as 2 tenants in common, nor included any land shown on a Plat Map but dedicated to the public or to a government entity. 1.5.10 "Mortgage" shall mean a recorded mortgage or deed or trust that creates a lien against a Lot and shall also mean a real estate contract for the sale of a Lot. 1.5.11 "Mortgagee" shall mean the beneficial Owner, or the designee of the beneficial Owner, of an encumbrance on a Lot created by mortgage or deed or trust and shall also mean tlie vendor, or designee of a vendor, of a real estate contract for the sale of a Lot. 1.5.12 "Owner" shall mean and refer to the record Owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Project, and, except as may be otherwise expressly provided herein, shall in the case of a Lot which has been sold pursuant to a real estate contract, include any person of record holding a vendee's interest under such real estate contract, to the exclusion of the vendor thereunder. Any person or entity having such interest merely as security for the performance of an obligation shall not be considered an Owner. 1.5.13 "Person" shall include natural persons, partnerships, limited liability companies, corporations, associations and personal representatives. 1.5.14 "Project" shall mean the real estate described in Exhibit A and all improvements and structures thereon, including snch additions thereto as may hereafter be brough t within the jurisdiction of the Association. 1.5.15 "Plat Map" shall mean any Plat Map(s) approved by the appropriate governmental entity and recorded in conjunction with or subsequent to this Declaration, which Plat Maps depict the layout of the Lots on the Project. 1.5.16 "Plat" shall mean and refer to the plat of RIDGEVIEW COURT as recorded in Volume __ of Plats, Pages _ through _, Records; of King County, State of Washington, under Recording No. 1.6 Percentage of Mortgagees. For purposes of determining the percentage of first mortgagees approving a proposed decision or course of action, a mortgagee shall be deemed a separate mortgagee for each Lot on which it holds a mortgage that constitutes a first lien on said Lot. 1.7 Percentage of Owners. for purposes of determining the percentage of Owners approving a proposed decision or course of action, an Owner shall be deemed a separate Owner for each Lot owned. 1 ,) ARTICLE 2 OWNERSHIP OF COMMOI\I AREA 2.1 Ownership of Common Area. All Common A reas shall be owned hy the Association. The Common Area shall exclude those portions of common areas (and improvements thereto) which have heen or may hereafter be, dedicated to and owned by the public or a governmental entity. The Common Area shall for all purposes he under the control, management and administration of the Declarant until all Class B membership (as defined in Article 4) terminates, and under the control, management and administration of the Association thereafter. The Association (and the Owners who are members thereo!) have the responsibility and obligation to maintain, repair and administer the Common Area in a clean, attractive, sanitary and safe condition and in full compliance with applicable, governmental laws, rules and regulations and the provisions of this Declaration. ARTICLE 3 OWNER'S PROPERTY RIGHTS 3.1 Owner's Rights of Enjovment. Every Owner shall have a non-exclusive right, in common with all Owners, of enjoyment in and to the Common Area that shall be appurtenant to and shall pass with the title to ever Lot, subject to the following provisions: 3.1.1 The right of the Association to limit access to those portions of the Common Areas, which in the opinion of the Board are dangerous. 3.1.2 The right of the Association to charge reasonable admission and other fees for the Lise of any recreational facility situated upon any Common Area. 3.1.3 The right of the Association to suspend the voting rights and right to use of the Common Areas by an Owner for any period during which any assessment against such Owner's Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations. Until all Class B membership terminates, the Association shall be required to exercise its right to suspend the voting rights of, and the right to the use of the recreational facilities by, a member for non-payment of an assessment, upon the req uest of the Declarant. 3.1.4 The rights of the Association to dedicate or transfer all or any part of the Common Area, including easements across said properties, to any public agency, authority, or utility for such purposes and sUhject to such conditions as may be agreed to by the members of the Association. 3.1.5 The right of the Association to limit the number of guests of members. 3.1.6 The right of the Association, in accordance with this Declaration and its Articles of Incorporation and Bylaws, to borrow money for the purpose of 4 improving the Common Area and facilitIes and in aid thereof to mortgage said property, but the rights of such mortgagee in said property shall be subordinate to the rights of the Owners hereunder and subject to the provIsions of Section 11.5. 3.1.7 The right of the Association to take such steps as are reasonably necessary to protect any property mortgaged in accordance with Section 3.1.6 against foreclosure, including, but not limited to, the right to charge admission and other fees as a condition to continued enjoyment by the Owners and, if necessary. to open the enjoyment of such properties to the public. 3.1.8 Until all Class B membership terminates, the exercise of all the rights and powers set forth in subsections 3.1.2, 3.1.3, 3.1.4, 3.1.5 and 3.1.0 shall require the prior written approval of Declarant. 3.2 Delegation of Use. Any Owner may delegate (in accordance with the Bylaws), his/her right of enjoyment of the Common Area and facilities to the members of his/her family, or his/her tenants or contract purchasers wlio reside on the Owner's Lot and (subject to regulation by the Association) to his/her temporary guests. ARTICLE 4 OWNERS' ASSOCIATION 4.1 Establishment. There is hereby created an association to be called RIDGEVIEW COURT HOMEOWNERS' ASSOCIATION (referred to hereinafter as the "Association"). 4.2 Form of Association. The Association shall be a nonprofit corporation formed and operated pursuant to the Title 24 and Chapter 64.38. Revised Code of Washington. In the event of any conflict between this Declaration and the Articles ofIncorporation or Bylaws for such nonprofit corporation, the provisions of the Declaration shall prevail. 4.3 Membership. 4.3.1 Oualification. Each Owner of a Lot in the Project (including Declarant) shall be a member of the Association and shall be entitled to one membership for each Lot so owned. Ownership of a Lot shall be the sole qualification for membership in the Association. 4.3.2 Transfer of Membership. The Association membership of each Owner (including Declarant) shall be appurtenant to the Lot giving rise to sucli membership. and shall not be assigned, conveyed, pledged or alienated in any way except upon the transfer of title to said Lot and then only to the transferee of title to such Lot. Any attempt to make a prohibited transfer of membership shall be void. Any transfer of title to a Lot sball operate automatically to transfer the membership in the Association appurtenant hereto to the new Owner thereof. 5 4.4 Voting. 4.4.1 Classes of Voting Membership. The Association shall have two classes of voting membership: (a) Class A members shall be all Owners except the Declarant. Class A members shall be entitled to one vote i()[ each Lot owned; (b) The Class B members shall be the Declarant, which shall be entitled to (10) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of the first of the following events: (a) when the total votes outstanding in the Class A membership equal the 10ta1 votes outstanding in the Class B membership, or (b) the date when Declarant's management powers terminate, as provided in Section 5.2. In determining whether any given proposition shall have been approved by the membership, the total number of Class A and Class B votes shall be combined and the appropriate percentage applied against the combined number. If Declarant elects to annex Additional Lands pursuant to Section 16.1, the total number of votes shall be increased by the applicable number for the Lots in such annexed Additional Lands. 4.4.2 Number of Votes. Except as provided in Section 4.4.1 above, the total voting power of all Owners shall equal the number of Lots at any given time and the total number of votes available to Owners of anyone Lot shall be (1) vote. 4.5 Bvlaws of Association. Bylaws for the administration of the Association and the Project and to further the intent of the Declaration, may be adopted or amended by the Owners at a regular or special meeting, provided, that the initial Bylaws shall be adopted by Declarant. In the event of any conflict between this Declaration and any Bylaws, the provisions of this Declaration shall prevail. ARTICLE 5 MANAGEMENT OF THE ASSOCIA nON 5.1 Administration ofthe Development. The Owners covenant and agree that the administration of the Project shall be in accordance with the provisions of this Declaration and the Bylaws of the Association. 5.2 Management bv Declarant. The Project shall be managed on behalf of the Association by the Declarant until the earlier of (a) one hundred twenty (120) days after all Class B membership terminates, or (b) the date on which Declarant elects to permanently relinquish all of its authority under this Section 5.2 by written notice to all Owners. So long as Declarant is managing the Project, Declarant or a managing agent selected by Declarant shall have the exclusive power and authority to exercise all the rights, duties and functions of the Board and the Association set forth or necessarily implied in this Declaration, provided however, that the Association may not bc bound directly or indirectly to any contracts or leases without the right of termination exercisable without cause and without penalty at any time after transfer of control to the Board elected pursuant to Section 5.3. upon not more than ninety (90) days' notice to the other party to the contract. 5.3 Management bv Elected Board of Directors. At the expiration of Declarant's management authority under Section 5.2, power and authority shall vest in the Board of Directors elected from among the Lot Owners. The number of directors shall be specified in the Bylaws and shall be sufficient to adequately handle the affairs of the Association. The Board may delegate all or any portion of its management duties to a managing agent or officer of the Association as provided for in the Bylaws. All Board offices shall he open for election at an organizational meeting. The Board shall elect from among its members a president who shall preside over meetings of the Board and the meetings of the Association. 5.4 Authoritv and Duties of the Board. On behalf of and acting for the Association, the Board (or the Declarant or Declarant's managing agent as provided in Section 5.2 hereof), for the benefit of the Project and the Owners, shall have all powers and authority permitted to the Board under this Declaration and any applicable law, including by not limited to the following: 5.4.1 Assessments. Establish and collect regular assessments (and to the extent necessary and permitted hereunder. special assessments) to defray expenses attributable to carrying out its duties hereunder and maintain an adequate reserve fund for the maintenance, repair, improvement and replacement of those portions of the Common Area or facilities which must be maintained, repaired or replaced on a periodic basis, which reserve shall be funded by the abovc assessments. The Association may impose and collect charges for late paymeuts 01' assessments. 5.4.2 Services. Obtain the services of persons or firms as required to properly manage the affairs of the Project to the extent deemed advisable by the Board including legal and accounting services, property management services as well as such other personnel as the Board shall determine are necessary or proper for the operation of the Common Area, whether such personnel are employed di rectly by the Board or are furnished by the manager or management firm or agent. 5.4.3 Utilities. Obtain water, sewer, garbage collection, electrical, telephone, gas and any other necessary utility easements and street lighting, as required for the Common Area. 5.4.4 Insurance, Obtain and pay for policies of insurance or bonds providing Common Area casualty and liahility coverage, and for fidelity of Association officers and other employees, the requirements of which are more fully set forth in Article 15. 5.4.5 Maintenance and Repair of Common Areas. Pay for the cost of painting, maintenance, repair of all landscaping and gardening work for all Common Area, and improvements located thereon, so as to keep the Project in a good, clean, attractive, sanitary and safe condition and in full compliance with 7 applicable governmental laws, rules and regulation and the provisions of this Declaration. The foregoing shall include the cost ofmamtaining, repairing and replacing mailbox stands that serve more then one (1) Lot, and such replacing and repairing of furnishings and equipment, if any, for the Common Area as the Board shall determine are necessary and proper. 5.4.6 Maintenance of Rights ofWav, etc. Pay for the costs of maintaining and landscaping of rights ofway, traffic islands and medians, or other similar areas which are not part of the Lots or Common Area but which are within or adjacent to the Project boundaries. and which are owned by or dedicated to a governmental entity, if said governmental entity fails to do so; provided, the Lot Owner at the Owner's expense (rather than the Association) shall maintain and landscape such areas as are adjacent to such Owner's Lot. 5.4.7 Fences, Landscaping, etc. To the extent deemed advisable by the Board, pay for the cost of constructing, maintaining. repairing and replacing perimcter and interior fences, if any, and landscaping and improvements on easements, if any, which arc located on or across Lots, provided, the Board at its option may require a Lot Owner at the Owner's expense to maintain, repair and replace such fences, landscaping and improvements as are adjacent to such Owner's Lot. 5.4.8 Enforce Declaration. Enforce the applicable provisions of the Declaration for the management and control of the Project. 5.4. 9 Contracting and Payment for Materials, Services, etc. Contract and pay for any materials, supplies, labor or services which the Board should determine are necessary or proper for the enforcement ofthis Declaration, including legal, accounting, managcment or other services, provided that if for any reason any materials, supplies, labor or services are provided for particular Lots or their Owners, the cost thereof shall be specially charged to the Owners of such Lots 5.4.10 Attornev-in-Fact. Each Owner, by the mere act of becoming an Owner, shall irrevocably appoint the Association as his/her attorney-in-fact, with full power of substitution, to take such action as reasonably necessary to promptly perform the duties of the Association and Board hereundcr, including but not limited to the duties to maintain, repair and improve the Project, to deal with the Project upon damage or destruction, to grant easements and licenses over Common Areas, and to secure insurance proceeds. 5.4.11 Borrowing of Funds. In the discharge of its duties and the exercise of its powers as set forth herein, but subject to the limitations set forth herein, thc Board may borrow funds on behalf of the Association. 5.4.12 Adoption of Rules and Regulation: Fines. When and to the extcnt deemed advisable by the board, to adopt reasonable rules and regulations governing the maintenance and use of the Project and other matters of mutual 8 concern to the Lot Owners, w'hich rules and regulations are not inconsistent with this Declaration and the Bylaws and which treat all Owners fairly and on a non- discriminatory basis. The Board may impose and collect charges lor late payments of assessments and, after notice and an opportunity to be heard by the Board or by a representative designated by the Board in accordance with procedures as provided in the Bylaws or rules and regulations adopted by the Board, levy reasonable fines in accordance with a previously established schedule adopted by the Board and furnished to the Owners for violation of the Bylaws, rules and regulation orthc Association. 5.4.13 Additional Powers of Association, In addition to the duties and powers of the Association as specified in this Declaration, but subject to the provisions of this Declaration, the Association, acting through its Board, shall have the power to do all other things that it may deem reasonably necessary to carry out its duties and the purposes of the Declaration. ARTICLE 6 ARCHITECTURAL CONTROL G.l Construction and Exterior Alteration or Repair. 6.1.1 All buildings and structures (including, without limitation, concrete or masonry walls, rockeries, fences, sheds, swimming pools, if any, or other structures) to be constructed within the Project, and all exterior alterations and repairs (including, but not limited to, re-roofing or repainting) of any buildings or structures on the Project and visible from any public street, Common Area or other Lot must be approved in writing by the Board, or by an Architectural Control Committee ("ACC") composed of three (3) or more representatives appointed by the Board, at least two (2) of whom shall be Board members; provided, that so long as Declarant owns any Lots within the Project, Declarant at its option may exercise all of the rights and powers of the Board under Section 6.1 including without limitation the appointment of members of the ACe. References in the Article 6 to the ACC shall be deemed to include the ACe, the Board, or the Declarant, as circumstances may dictate. Complete plans and specifications, including colors, of all such proposed buildings, structures, and exterior alterations and repairs, together with detailed plans showing the proposed location of the same on the particular building site and other data requested by the ACC, shall be submitted to the ACC along with a written request for approval signed by the Owner. Any exterior modifications in accordance with plans and specifications developed by the Declarant and filed with the Board at the time of transfer (pursuant to Article 5.3) shall be deemed approved exterior modifications. 6.1.2 The ACC will review all requests for approval of construction, alteration or repair for quality of workmanship and materials planned and lor conformity and harmony of the external design with proposed or existing structures 9 on neighborhood residential Lots or building sites, and for location of the building with respect to topography, finish grade elevation and building setback restrictions. 6.1.3 [n the event the ACC fails to approve or disapprove such request within thirty (30) days after all required plans and specifications have been submitted to iC such approval shall be deemed given by the ACe. 6.1.4 All plans and specifications for approval by the ACC must be submitted in duplicate, at least thirty (30) days prior to the proposed construction or exterior alteration or repair starting date. Construction, alteration or rcpair shall not be started until written approval thereof is given by the ACC. 6.1.5 The ACC may require that said plans or specifications be prepared by an architect or a competent house designer, approved by the ACe. One complete set of said plans and specifications shall in each case be delivered to and permanently retained by the ACe. All buildings or structures (including but not limited to garden sheds) shall be erected or constructed, and all exterior alterations or repairs made, by a contractor, house builder or other person or entity approved by the ACe. The ACC shall have the right to refuse to approve any design, plan or color for such improvements, construction, or exterior alteration or repair visible from a public street, Common Area or other Lot which is not suitable or desirable, in the ACC's reasonable opinion, aesthetic or otherwise. 6.1,6 In so passing such design, the ACC shall have the right to take into consideration the suitability of the proposed building or other structure, and the material of which it is to be built, and the exterior color scheme, to the site upon which it is proposed to be erected, the harmony thereof with the surroundings, and the effect or impairment that said structure will have on the view or outlook of surrounding building sites, and any and all factors, which, in the ACC's opinion, could affect the desirability or suitability of such proposed structure, improvements, or exterior alteration or repair. 6. I, 7 The ACC shall have the right to disapprove the design or installation of a swimming pool or any other recreational structure or equipment, in the ACC's reasonable opinion, aesthetic or otherwise. In so passing upon such design or proposed installation, the ACC shall have the right to take into consideration the visual impact orthe structure and the noise impact of the related activities upon all the properties located in close proximity. The enclosure or cover used in connection with such a recreational structure or equipment, whether temporary, collapsible, seasonal, or whatever, shall be treated as a permanent structure for the purposes of these covenants, and shall be subject to all the conditions, restrictions, and requirements as set forth therein for all buildings and structures. 6.1.8 The ACC shall have the right to require, at a Lot Owner's expense, the trimming or topping (or, if deemed necessary by the ACC, removal) of any tree, hedge or shrub on a Lot which the ACC determines is unreasonably blocking or interfering with the view or access to sunlight of another Lot. 10 6.1.'1 The ACe shall have the right to specify precisclythe size. color and style of mailboxes. and of the post or snpport on which such mailboxes arc affixed, and their location within the Project. whether or not such mailbox stand is a Common Area, all with the approval of the Postmaster (ifrequired). 6.1.1 0 Approval by the ACC is independent oC in addition to. and not to be construed as a representation as to compliance with, any requirements for a permit. license or other approval by the City of Renton or other applicable governmental or quasi-governmental entity. The Lot Owner is responsible for obtaining any such governmental approvals. G.1.1 I Declarant (including any successor in interest to Declarant's status as Declarant) shall not bc subject to the restriction of this Section 6.1 as to any Lot owned by Declarant, whether or not any Class B membership cxists and whcther or not management of the Association has been relinquished by Declarant pursuant to Section 5.2 hereof. 6.2 Sales Facilities of Declarant, Notwithstanding any provision in this Declaration to the contrary. Declarant (and its agents. employees and contractors) shall be permitted to maintain during the period of sale of Lots and/or Homes upon such portion of the Project (other than Lots sold by Declarant) as Declarant may choose, such facilities as in the sole opinion of the Declarant may be reasonably required, convenient or incidental to the construction, sale or rental of Lots and Homes, including but not limited to, a business office, storage area, signs, model units, sales office, construction officc, and parking areas for all prospective tenants or purchasers of Declarant. 6.3 Variances, So long as Declarant owns any Lot, the Board may in its reasonable discretion, upon written request of the Declarant, grant a variance from the requirements of Article 7, thereafter, the Board may. upon written request of an Owner, grant a variance from the requirements of Article 7 only in cases where, because of the physical characteristics of the Lot, strict enforcement would result in an unnecessary hardship. The Board may only grant a variance from the provisions of sections 7.11 through 7.17, 7.19 through 7.21, 7.23, 7.29. or7.36. The Board's authority to grant such a variance shall not be delegated to the ACe. Prior to granting such a variance, the Board shall hold an open hearing at which other Owners may comment. At least fifteen (15) days prior to such hearing, the Board shall give written notice of the nature of the requested variance to the Owner of each Lot immediately adj acent to the Lot for which the variance is requested, to other Owners that would reasonably be affected by the variance, and by requiring the Owner requesting the variance to post a notice on such Owner's Lot in a form reasonably satisfactory to the Board. 6.4 Appeals. Any aggrieved Owner may appeal a decision of the ACC to the Board by written notice within sixty (60) days after the ACC's written decision. The Board will review the ACC decision at the Board's next regularly scheduled meeting (but in any event not later than thirty (30) days after receipt of the notice of 1 I appeal). The Board shall give written notice to the appealll1g Owner of the time and place of such meeting at least five (5) days in advance. ARTICLE 7 USE AND MAINTENACE OBLIGATION OF OWNERS 7.1 Maintenance of Lots. Each Owner, at said Owner's sole cost and expense, shall promptly and continuonsly maintain, repair and restore said Owner's Lot (including the yard and landscaping) and Home and other improvements located thereon, and also such other areas as may be required pursuant to Sections 5.4.6,5.4.7 and 12.4, in a good, clean, attractive, safe and sanitary condition and in full compliance with all applicable governmental laws, rules and regulation and the provisions of this Declaration and the rules and regulations of the Association. 7.2 Residential Use. Except as provided in Section 7.6, all Lots and improvements located thereon shall be used, improved and devoted exclusively to residential use. Nothing herein shall he deemed to prevent the Owner from leasing a Lot and improvements subject to all of the provisions of the Declaration. 7.3 Restriction on Further Subdivision. No Lot or portion of a Lot shall be divided and sold or resold, nor ownership changed or transferred whereby the ownership of any portion of this Project shall be less than the area required for the use district in which located, provided, the foregoing shall not prohibit deeds of correction, deeds to resolve boundary disputes and similar corrective instruments. Lots may be joined and joined Lots may subsequently be subdivided only into the Lots originally joined. 7.4 Reo tal Lots. 7.4.1 With respect to the leasing, renting, or creating of any kind of tcnancy of a Lot and improvements thereon by its Owners, such Owner shall be prohibited from leasing or renting less than the entire Lot or improvements thereon, or (with the exception of a lender in possession of a Lot and improvements thereon following a default in a first mortgage, a foreclosure proceeding or any deed of trust sale or other arrangement in lieu of a foreclosure) for a term ofless than six (6) months, and all leasing or rental agreements shall be in writing, and shall be subject to the Declaration and Bylaws (with a default of the tenant in complying with the Declaration and Bylaws constituting a default under the lease or rental agreement). 7.4.2 If a Lot or Home is rcntcd by its Owner, the Board on bchalf of the Association may collect, and the tenant or lessee shall pay over to the Board, so much of the rent for such Lot or Home as is required to pay any amounts due the Association hereunder, plus interest and costs, if the samc arc in default over thirty (30) days. The renter or lessee shall not have the right to challenge payment ovcr to 12 the Board, and such payment will discharge the lessee's or renter's duty of payment to the Owner for rent, to the extent such rent is paid to the Association, but wlll not discharge the liability of the Owner or the Lot under this Declaration for assessments and charges, or operate as an approval of the lease. The Board shall not exercise this power where a receiver has been appointed with respect to the Lot or its Owner, nor in derogation of any rights that a mortgagee of such Lot may have with respect to such rents. Other than as stated in this Article 7 there are no restrictions on the right of an Owner to lease or otherwise rent such Owner's Lot or Home. 7.5 Zoning Regulations, Zoning regulations, building regulations, environmental regulations and other similar governmental regulations applicable to the Project shall be observed. In the event of any conflict between any provision of such governmental regulations and the restrictions of this Declaration, the more restrictive provision shall apply. 7.6 Business Use, No business of any kind shall be conducted on any Lot with the exception of (a) the business of Declarant in developing and selling all of the Lots, and (b) such home occupation as may be permitted by the appropriate local government and which is nol otherwise in violation of the provisions ofthis Declaration. 7.7 Building Setback Requirements, All buildings and other Lot improvements shall comply with all applicable governmental requirements, including without limitation minimum setback requirements. No building or other structure shall be located within any building setback line shown on the Plat Map. 7.8 Oil and Mining Operations, No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. 7.9 Catcb Basin. The Owner of each Lot shall ensure the cleaning of all catch basins, if any, located on such Lot at least once prior to September 15 th of each calendar year. 7.10 Lot Size. No residential structure shall be erected or placed on any Lot which has a Lot area ofless than that required by the government entity having appropriate jurisdiction over the Project. 7.11 Garages. Every Home must have a garage capable of holding at least two full-size cars, but no more than three full-size vehicles (any car, boat, recreational vehicle, etc. shall be deemed one car for purposes of this limitation). All vehicles must be stored in garages or in a manner that the Board reasonably determines is not offensive when viewed from the street or from the ground level of adj acent Lots or Common Areas. 13 7.12 Square Footage. Each sIngle-family residence must include a minimum of 1.4()O square feet for single story Homes and 1.60() square feet for two- story Homes, excluding garage, porches and decks. 7.13 Mobile or Manufactured Housing. Custom designs by licensed architects shall be strongly encouraged and any usc of repetitive deSIgn shall be strongly discouraged and/or prohihited at the discretion of the ACe. The Ace may refuse to approve a plan based on design or repetitive use ofa plan, or for failure to meet the approved criteria as set forth. There shall be no mobile or manufactured housing. 7.14 Drivewav Standards, All driveways shall be constructed of concrete with a minimum of aggregate finish or other material approved by ACe. 7.15 Parking. Unless substantially screened from view from the street or from the ground level of adjacent Lots and Common Area in a manner reasonably approved by the ACC, no recreational vehicles, commercial vehicles, construction or like equipment, motorcycles, or trailers (utility, boat, camping, horse, or otherwise), shall be allowed to be parked or stored on any Lot or street for a cumulative period in excess of fourteen (14) days in any (1) calendar year. No motor vehicles of any kind shall he parked overnight on any street adjoining any Lot or Common Area, provided that, such vehicles belonging to guests of a Lot Owner may occasionally be so parked so long as such parking will not violate any other provision of this Section 7.15. No motor vehicle of any kind that is inoperative by reason of mechanical failure shall be parked or stored on any Lot or in any right-of- way or street adjoining any Lot or Common Area for more than seventy-two (72) hours. The Board shall have full authority to determine, in its sole discretion, if any vehicle is obnoxious or undesirable to the other Lot Owners and to enforce this covenant. Pursuant to Article 9 of this Declaration, the Association may levy fines or have vehicles that are parked in violation of this Section towed and impounded at the VWfler's e~eThe exterior of all roofs shall be composed of materials approved by ACe. All roofs must have a pitch of at least 4112 (four on twelve), unless approved by the ACC based on considerations regarding a specific Lot. Under no circumstances are nat roofs allowed. Roofmaterial shall be at least twenty-five (25) year composition asphalt shingle, color approved by ACC, and by a manufacturer approved and accepted by ACe. 7.17 Exterior Finish. The exterior of each Home shall be designed, built and maintained in such a manner as to blend in with the natural surroundings, existing structures and landscaping of the Project. All extcrior materials and all exterior colors must be approved by the ACC in accordance with the provisions of this Declaration. Exterior trim, fences, doors, railing, decks, eaves, gutters and the exterior finish of garages and other accessory buildings (including garden sheds) shall be designed, built and maintained to be compatihle with the exterior of the structures they adjoin. Homes and other structures may be finished in vinyl siding if approved by the ACe. 14 7.18 Utilities. All utilities shall be installed underground. No storage tanks or barrels of any kind shall be maintained above ground unless properly screened in a manner acceptable to the ACe:. ."'11 Lots shall be served by public water and sewer. No wells or septic systems shall be constructed or maintained on any Lot. 7.1 'J Antenna. No antenna, satellite dish or other similar type of exterior equipment shall be allowed on any Lot unless approved in writing by the ACe:. As a condi tion of app roval the ACC may req uire reasonable shielding of such antenna, satellite dish or equipment from vicw from the street and the ground level of adjacent Lots or Common Areas. In no event shall any satellite dish or similar antenna greater then one (I) meter in diameter be permitted. 7.20 Fencing. Fences may only be placed along the rcar property line (except any area within a Natural Greenbelt Protective Easement), along the front building line, and from the front building line to the rear Lot line (except any area within a Natural Greenbelt Protective Easement), cannot exceed six (6) fcet in height above the ground, under no circumstances may obstruct view from any other Lot, must be constructed of wood approved by the ACe. Hedges or other solid screen planting may be used as Lot line barriers subject to the same height restrictions as fences. No chain-link fences shall be permitted on a Lot. No fence. wall or hedge shall be permitted on a Lot any nearer to any street then a building is permitted under Section 7.7, except that nothing shall prevent the ereclion of a necessary retaining wall, the top of which does not extend more than three (3) feet above the finished grade at the back of said retaining wall. 7.21 Fireplace Chimnevs. Fireplace chimneys must be constructed with material approved by the ACC and as otherwise required by this Declaration. 7.22 Garbage and Refuse. No garbage, refuse, rubbish, cuttings, or debris of any kind shall be deposited on or left upon any Lot unless placed in an attractive container suitably located and screened from view from the street and from the ground level of adjacent Lots and Common Area. Such containers shall be returned to the screened location by the end of each scheduled pick-up day. All equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition. No building material of any kind shall be place or stored on any property within the Project until the Lot Owner is ready to commence construction, and then such materials shall be placed within the boundary lines of the Lot upon which its use is intended. Garbage cans may only be placed in public view on the day of garbage pick-up. All woodpiles and storage areas must be placed so that they do not obstruct or hamper any other Lot Owner's view and must be suitably screened from view from the street and from the ground level of adj aeent Lots and Common Areas. 7.23 Games & Plav Structures. No deck, platform, dog house, playhouse or structure of a similar kind or nature shall be constructed on any part of a Lot located in front orthe rear line of the residence constructed thereon, and any such structure must have prior approval of the ACe. No basketball goals or similar moveable structures shall be kept or placed on any public sidewalk or street. 15 7.24 Construction of Significant Recreation Facilities. The construction 01' any significant recreational facilities on any Lot including, but not limited to, such items as swimming pools and tennis, badminton or pickle ball courts shall require the approval of the ACC and shall be subject to the requirements adopted by the ACe. 7.25 Livestock and Poultry. No animals or reptiles or any kind shall be kept on the Project, except that dogs, cats, and other indoor household pets may be kept provided that they are not kept. bred, or maintained for any commercial purpose. No individual Lot Owner shall keep more then two (2) dogs. 7.26 Landscaping. All cleared areas between the front building line and the street shall be fully landscaped within thirty (30) days, depending on weather conditions, of the time when Home is ready for occupancy. Owner shall install or have installed fully landscaped rear and side yards within nine (9) months of occupancy unless a longer time is approved by the ACe. 7.27 Signs. No signs of any kind, nor for any uses, shall be erected, posted, painted or displayed on any Lot or Common Area whatsoever, except for public notices by political divisions orthc State or Country or as required by law. Any builder or the builder's agent may erect and display signs during the period the builder is building and selling property in the Project only with prior approval from the ACe. Any Lot Owner or the Lot Owner's agent wishing to sell that Owner's Lot may place one (1) "For Sale" sign on the Lot, provided such sign complies with any rules published by the ACe. 7.28 Temporary Structures. No trailer, basement, tent, shack, garage, barn or other outbuildings or any structure of a temporary character erected or placed on the Proj ecl shall at any time be used as a residence, even temporarily. No building or structure shall be moved on to the Project from any land outside the Project. A trailer may be placed and occupied by the designated subdivision sales agent with the prior written approval of the ACe. A construction shack may be used by an Owner's construction contractor during the construction period. 7.29 Completion of Construction. Any dwelling or structure erected or placed on any Lot shall be completed as to external appearance, including finish painting or staining, and shall be connected to sewers within eight (8) months from the date of commencement of construction, unless some longer period of time is approved in writing by the ACe. 7.30 Easements. Easements for the installation and maintenance of utilities, drainage and irrigation facilities are reserved as shown on the Plat Map and as described in Article 12. Within these easements no structure, planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation and/or maintenance of such utilities, or which may change the directions of flow of water through a drainage channel in the easement, or which may obstruct or retard the flow of water through drainage channels in the 16 easement. Except as otherwise provided in Section 12.4, any easement or portion thereoflocated on any Lot and all improvements thereon shall be maintained continuously by the Lot Owner. 7.31 Use During Construction, Except with the approval orthe ACT, no person shall reside in any structure on any Lot until such time as the improvements to be erected thereon in accordancc with the plans and specifications approved by the ACC have been completed. Completion shall be considered receipt ofa final inspection of the dwelling unit by the City of Renton Building Department or other applicable government official. 7.32 Excavations. Except with the permission of the ACC. or except as may be necessary in connection with the construction of any approved improvement, no excavation shall he madc nor shall any dirt be removed from or added to any Lot. Except with permission of ACe, no retaining wall of more then four feet (4) in height (exposed height) may be constructed on any Lot. 7.33 Nuisances. No noxious or undesirable thing, or noxious or undesirable use shall be permitted or maintained upon any Lot or upon any other portion of the Project. If the Board determines that a thing or use is undesirable or noxious, that determination shall be conclusive. 7.34 Clothes Lines, Other Structures. No clothes lines or other structures of a similar nature shall be visible from any street or the ground level of any adj acent Lot or Common Area. 7.35 Common Drives. Common drives, walks (if any) and paths (if any) shall be used exclusively for normal transit and no obstructions shall be placed thereon of therein except by express written consent of the Board. 7.36 Building Height. Except with the permission of the ACC, no building height shall exceed thirty (30) feet, as measured from the lowest floor elevation of the house (either garage floor or living area t1oor) to the maximum point of the roof. 7.37 Storm Runoff. Each Lot Owner shall ensure that all roof down spout drains are properly cleaned and maintained, and that the Tight Line Drainage lines on each Lot are clean and free of any debris. Due diligence shall be exercised by each Lot Owner to prevent adverse impact of storm runoff onto down stream Lots. 7.38 Storm Detention Operations and Maintenance. It is the responsibility of the Association to maintain the detention and water quality system and emergency access roads, if any, until such time that those improvements are deeded or sold to a government agency, which will assume maintenance and responsibility of such improvements. These covenants may not be amended to eliminate the requirements to maintain the common area, including storm water facilities, private 17 roadways and other common areas, or permitting conveyance of those features to a third party without the written permisslOn of the City of Renton, ARITCLE 8 CO:\lMON EXPENSES AND ASSESSMENTS 8.1 Creation of the Lien and Personal Obligation of Assessments. The Declarant. for each Lot owned within the Project. hereby covenants, and each Owner of any Lot by acceptance of a deed therefore, whether or not it shall he so expressed in such deed, is deemed to covenant and agree to pay to the Association any assessment duly levied by the Association as provided herein, Such assessments, together with interest, costs, late charges and reasonable attorneys' fees, shall be a charge on the land and shall be a continuing lien upon tlie property against which each such assessment is made. Each such assessment, together with interest, costs, late charges and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal ohligation for delinquent assessments shall not pass to successors in title unless the lien for such delinq uent assessments had been properly recorded prior to the title transfer or unless expressly assumed by them, Provided, however, that in the case of a sale of any Lot which is charged with the payment of an assessment or assessments payable in installments, the person or entity who is the Owner immediately prior to the date of any such sale shall be personally liable for installments that become due on and after said date. 8.2 Uniform Rate. Any assessments which may be levied from time to time pursuant to the authority of the Board as set forth in Section 5.4.1, shall he fixed at a uniform rate for each Lot, except for assessments levied against an Owner for the purpose o[reimhursing the Association for cost incurred in bringing the Owner or his/her Home and/or Lot into compliance with the provisions of this Declaration. Declarant shall not bc obligated to pay any assessment levied against any Lots of this Declaration. Declarant shall not be obligated to pay any assessment levied against any Lots owned by it. An assessment against a Lot shall he the joint and several personal obligation of all Owners of that Lot. 8,3 Initial Assessment Amount. Upon the sale of each Lot by the Declarant (whether to a builder or otherwise), each Lot Owner, at the time o[ his/her purchase of the Lot. shall pay an initial start-up assessment to the Association in the amount of$150.00, Such initial assessment shall be in addition to any annual assessment provided for in this Article 8 and shall be for the purpose o[ reimbursing the Declarant and/or Association [or maintenance and operating expenses of and for the Common Areas during the initial development and house sales period. Notwithstanding the provision set forth above, the Declarant shall not be liahle for any initial assessments assessed or due so long as Declarant owns any Lot. 8.4 Limitation on Annual Assessment Amount. 8,4,1 Board Authoritv. At any time after the sale of the first Lot by the Declarant (whether to a builder or otherwise), the Board shall have the 18 authority, without obtaining prior approval of the Owners, to levy assessments in a given calendar year totaling not more then ~250.0() per Lot. Assessments included in the foregoing calculation shall not lllclude any assessments which are levied against an Owner for reimbursing the Association lor costs incurred in bringing the Owner or his/her Home and/or L.ot into compliance with the provision of this Declaration nor any initial assessments provided for in Section 8.3. l\otwithstanding the provision set forth above, the Declarant shall not be liable for any fees or assessments assessed or due so long as Declarant owns any L.ot. 8.4.2 Annual Increase in Dollar Limit. The maximum dollar amount specified in Section 8.4.1 shall not be increased by more than fifteen percent (15 %) without the approval of a majority of the L.ot Owners voting at a meeting duly called for such purpose. 8.4.3 Owner Approval Required. Any assessment to be levied in a given calendar year which would cause the total of all assessments for the year to exceed the sum per L.ot permitted by Section 8.4.1 and 8.4.2 shall require the calling ofa meeting of the Association upon notice sent to all members not less than thirty (30) nor more than sixty (60) days in advance of the meeting, and the approval at sucb meeting of the levy of such assessment by a majority of the Lots represented at such meeting, provided a quorum is present as defined in the Bylaws. 8.5 Manner and Time of Pavment. Assessments shall be payablc by each Owncr in such reasonable manner as the Board shall designate. Any assessment or installment thereof which remains unpaid for at least fifteen (15) days after the due date thereof shall bear interest at an annual rate equal to fifteen percent (15%), and the Board may also assess a late chargc in an amount not exceeding twenty-five (25%) of any unpaid assessment which has been delinquent for more than fifteen (15) days. 8.6 Accounts. Any assessments collected by the Association shall be deposited in one or morc insured institutional depository accounts established by the Board, The Board shall have exclusive control of such accounts and shall maintain accurate records thereof, provided, however, that the Board may exercise such control through a property manager retained pursuant to Section 5.4.2. No withdrawal shall be made from said accounts except to pay for charges and expenses authorized by this Declaration. 8.7 Lien. In the event any assessment or installment thereof remains delinquent for more than thirty (30) days, the Board may, upon fifteen (15) days written notice to the Owner of such Lot of the existence of the default, accelerate and demand immediate payment of the entire assessment. The amount of any assessment assessed or charged to any Lot plus interest, cost, late charges and reasonable attorneys' fees, shall be a lien upon such L.ot. A claim of lien may be recorded in the office where real estate conveyances are recorded lor the county in which this Projcct is located. Such claim oflien may bc filed at any time at least fifteen (15) days following delivery of the notice of default referred to above. The 19 lien for payment of such assessments and charges shall have priority over all other liens and encumbrances, recorded or unrecorded, limited as provided in Section 11.1, Suit to recover a money judgment for unpaid <lssessments or charges shall be maintainable with or without foreclosure or waiver of the lien securing the same. 8.8 Waiver of Homestead, Each Owner hereby w<lives, to the extent of any liens created pursuant to this Article, the henefit of any homestead or exemption law in effect at the time any assessment or installment thereof becomes delinquent or any lien is imposed pursuant to the terms hereof. 8,9 Continuing Liability for Assessments, No Owner may exempt himseJrjherselffrom liability for his/her Assessments hy abandonment ofhis/her Lot. 8,10 Records, Financial Statements. The Board shall prepare or cause to be prepared, for any calendar year in which the Association levies or collects any assessmcnts, and shall distribute to all Owners, a balance sheet and an operating (income/expense) statement for the Association, which shall include a schedule of assessments received and receivable, identified by the number of the Lot and the name of the Owner so assessed. The Board shall cause detailed and accurate records of the receipts and expenditures of the Association to be kept specifying and itemizing the maintenance, operating, and any other expenses incurred, Such records, copies of this Declaration, the Articles and the Bylaws, and any resolution authorizing expenditures of Association funds shall be available for examination hy any Owner at reasonably convenient hours, 8,11 Certificate of Assessment. A certificate exeeu ted and acknowledged by the treasurer or the president of the Board, or an authorized agent thereof if neither the president nor treasurer is available, stating the indebtedness for assessments and charges or lack thereof secured by the assessment lien upon any Lot shall be conclusive upon the Association as to the amount of such indebtedness on the date of the certificate, in favor of all persons who rely thereon in good faith. Such a certificate shall he furnished to any Owner or any encumbrancer of a Lot within a reasonable time after request, in recordable form, at a rcasonable fee, Unless otherwise prohibited by law, any encumbrancer holding a lien on a Lot may pay any unpaid assessments or charges with respect to such Lot, and, upon such payment, shall have a lien on such Lot for the amounts paid of the same rank as the lien of his/her encumbrance. 8.12 Foreclosure of Assessment Lien, Attorneys' Fees and Costs. The Declarant or Board, on behalf of the Association, may initiate action to foreclose the lien of, or collect, any assessment. In any action to foreclose the lien of, or otherwise collect, delinquent assessments or charges, any judgment rendered in favor of the Association shall include a reasonable sum for attorneys' fees and all costs and expenses reasonably incurred in preparation for or in the prosecution of said action (including in any arbitration, on appeal, and in any bankruptcy proceeding), in addition to taxable costs permitted by law, 20 8.13 Curing of Default. The Board shall prepare and record a satisfaction a<rJIilase of the lien for which a claim of lien has been filed and recorded in accordance with this Articlc upon timely payment or othcr satisfaction of all delinquent assessments set forth in the Notice. and all other assessments which have become due and payable following the date of such recordation with respect to the Lot as to which such claim oflien was recorded, together with all costs, late charges and interest which have accrued thereon. An additional administrative fce of twenty-five dollars ($25.00) covering the cost of preparation and recordation shall be paid to the Association prior to such action. The satisfaction of the lien created by the claim of lien shall be executed hy the president or treasurer of the Association or by any authorized representative of the Board. For the purposes of this paragraph, the term "costs" shall include costs and expenses actually incurred or expended by the Association in connection with the cost of preparation and recordation of the claim of lien and in efCorts to collect the delinquent assessments secured by the lien and a reasonable sum for attorneys' fees. 8.14 Omission of Assessment. The omission by the Board or the Association to fix the estimate for assessments and charges hereunder for the next year before the expiration of any current year shall not be deemed a waiver or modification in any respect of the provisions of this Declaration, or a release oCthe Owner from the obligation to pay the assessments and charges, or any installment thereof for that or any subsequent year. The assessment and charge fixed for the preceding ycar shall continue until a new assessment or charge is fixed. 8.15 Assessment Deposit. A Lot Owner may be required, by the Board or by the managing agent, from time to time, to make and maintain a deposit of not more than the total of one (1) annual assessment, plus either one (1) special assessment if special assessments arc payable on an annual basis, or three (3) special assessment installments ifspecial assessments are payable on a monthly or other periodic basis. Such deposit may be collected as arc other assessments and charges. Such deposit shall be held in a separate fund, be credited to such Owner, and be for the purpose of establishing a working capital fund for the initial Project operations and a reserve for delinquent assessments. Resort may be had thereto at any time when such Owner is ten (10) days or more delinquent in paying his/her assessments and charges, to meet unforeseen expenditures, to acquire additional equipment or services deemed necessary or desirable by the Board, or as a credit against any annual or special assessments to become due from such Owner. Said deposits shall not be considered as advance payments of annual assessments. All or any portion of such deposit may at any time be refunded to the Owner by the Association in the discretion of the Board, such refund being made as a cash refund or a credit against assessments subsequently to become due or a combination thereof. 8.16 Exempt Property. The following property subj ect to this Declaration shall be cxempt from the assessments created herein: 21 8.16.1 All properties dedicated to and accepted by a governmental entity, 8.16.2 All Common Areas, and 8.1(,.3 All properties owned by a charitable or nonprofit organization or an organization exempt from taxation by the laws of the state of Washington. However, the land or improvements, which are referred to in Sections 8.16.1, 8.16.2 and 8.16.3 and which are devoted to dwelling usc, shall not be exempted from said assessments. 8.17 Effect of Legal Proceedings. In any legal proceeding commenced pursuant to Section 9.1.1, and notwithstanding the assessment limitation provided for in the Declaration, the court having jurisdiction over such proceeding shall also have jurisdiction and power to cause assessments to be levied and collected on an equal per Lot basis in such amounts as is reasonably necessary to cause the Project to be properly administered in accordance with the provisions of this Declaration and the Bylaws, or to cause the provisions of this Declaration and the Bylaws to be properly applied and enforced. ARTICLE 9 COMPLIANCE WITH DECLARATION 9.1 Enforcement. 9. I. I Compliance of Owner. Each Owner, Board member and the Association shall comply strictly with the provisions of this Declaration and with the Bylaws and administrative rules and regulations adopted by the Association (as the same may be lawfully amended from time to time). Failure to comply shall bc grounds for an action to recovcr sums due for damages, or inj unctive relief, or both, maintainable by the Board (acting through its officers on behalf of the Association and the Owners), or by the aggrieved Owncr on his/her own against the party (including an Owner or the Association) failing to comply. In addition. the Association may impose and collect fines as provided in Section 5.4,12 of this Declaration. 9.1.2 Compliance of Lessee. Each Owner who shall rent or lease his/her Lot shall insure that the lease or rental agreement is in writing and subject to the terms of this Declaration, Articles of Incorporation, and Bylaws. Said agreement shall further provide that failure of any lessee to comply with the provisions of said documents shall be a default under the lease. 9. 1.3 Attornevs' Fees. In any action to enforce the provisions of this Declaration. the Articles of Incorporation or the Bylaws, the prevailing party in such legal action shall be entitled to an award for reasonable attorneys' fees and all costs and expenses reasonably incurred in preparation for or prosecution of said 22 action (including in any arbitration, on appeal or in any bankruptcy proceeding), in addition to taxable costs permitted by law. 9.2 No Waiver of Strict Performance. The failure of the Board, or Declarant or Declarant's managing agent, as applicable, in anyone or more instances to inSIst upon or enforce the strict performance of any of the terms, covenants. conditions or restrictions of this Declaration, or of any Bylaws or administrative rules or regulations, shall not be construed as a waiver or a relinquishment for the future of such term, covenanL condition or restriction, but such term, covenant, condition or restriction shall remain in full force and effect. No waiver by the Board of any provision hereof shall bc deemed to have been made unless expressed in writing and signed by the Board. 9.3 Right of Entrv. Violation of any of the provisions hereof shall give to Declarant, its successors, or the Association, the right to enter upon the Lot as to which such violation exists and to abate, correct and remove, at the expense of the Owner thereof, any erection, thing or condition that may he or exists thereon contrary to the provisions hereof. Such entry shall be made only after three (3) days notice to said Owner and with as little inconvenience to the Owner as possible, and any damage caused thereby shall be repaired by the Association. Declarant, its successors. or the Association shall not be deemed guilty of any manner of trespass by such entry, abatement or removal. 9.4 Remedies Cumulative. The remedies provided are cumulative, and the Board may pursue them concurrently, as well as any other remedies that may be available under law although not expressed herein. ARTICLE 10 LIMITATION OF LIABILITY 10.1 No Personal Liabilitv. So long as a Board member, Association committee member, Association officer, Association agent, or Declarant exercising the powers of the Board, has acted in good faith, without willful or intentional misconduct, upon the basis of such information as may be possessed by such person, no such person shall be personally liable to any Owner, or other party, including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error, negligence (except gross negligence), any discretionary decision, or failure to make a discretionary decision, by such person in such person's official capacity, PROVIDED, that this section shall not apply where the consequences of such act, omission, error or negligence are covered by insurance or bonds obtained hy the Board pursuant to this Declaration. 10.2 Indemnification of Board Members. Each Board member or Association committee member, or Association officer, Association agent, or Declarant exercising the powers of the Board, and their respective heirs and successors, shall be indemnified by the Association against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed in 23 connection wIth any proceeding to which he/she may be a party, or in which he/she may become involved, by reason of being or having held such positIon at the time such expenses or liahilities are incurred, except in slIch cases wherein such person is adjudged guilty of mtentional misconduct or gross negligence or a knowing violation oflaw in the performance ofhis/her duties, and except in such cases where such person has participated in a transaction from which said person will personally receive a benefit in money, property, or services to which said person is not legally entitled, PROVIDED, that, in the event of a settlement, the indemnification shall apply only when the Board approves such settlement and reimbursement as being in the hest interest of the Association. Nothing contained in this Section 10.2 shall, however, be dcemed to obligate the Association to indemnify any Member or Owner ofa Lot who is or has been a Board member or officer of the Association with respect to any duties or obligation assumed or liahilities incurred by him under and by virtue of the Declaration as a Member or Owner ofa Lot covered thereby and not as a Board mem her or officer of the Association. ARTICLE 11 MORTGAGEE PROTECTIOl'i 11.1 Priority of Mortgagee, Notwithstanding all other provisions hereof, the liens created under this Declaration upon any Lot for assessments shall be subject to tax liens on the Lot in ravor an any assessing unit and/or special district and be subject to the rights of the secured party in the case of any indebtedness secured by first lien Mortgages whieh were made in good faith and for value upon the Lot. Where the Mortgagee of a Lot, or other purchaser of a Lot, obtains possession of a Lot as a result of Mortgage judicial or nonj udicial foreclosure or deed in lieu thereof, such possessor and its successors and assigns shall not be liable for the share of any assessment by the Association chargeable to such Lot which becomes due prior to such possession, but will be liable for any assessment accruing after such possession. Such unpaid share of common expenses or assessments shall be deemed to be common expenses collectible from all of the Lot Owners including such possessor, its successor and assigns. 11,2 Effect of Declaration Amendments. No amendment to this Declaration shall be effective to modify, change, limit or alter the rights expressly conferred upon Mortgagees in this instrument with respect to any unsatisfied Mortgage duly recorded unless the amendment shall be consented to in writing by the holder of such Mortgage. Any provision of this Article concerning rights of Mortgagees that is inconsistent with any other provision of this Declaration shall control over such other inconsistent provisions. 11.3 Rights of Lien Holder. A breach of any of the provisions, conditions, restriction, covenants, easements or reservations herein contained shall not affect or impair the lien or charge of any bona fide Mortgage made in good faith and for value on any Lots, provided, however, that any subsequent Owner of the Lot shall be bound by these provisions whether such Owner's title was acquired by foreclosure or trustee's sale or otherwise. 24 11.4 Change in Manner of Architectural Review and Maintenance Within Project. The Association shall not, without prior written approval of seventy-five percent (75 %) "f al I fi rst Mortgagees (b ased npon one (1 ) vote fo r eac h firs t Mortgage owned) and seventy-five percent (75%) of all Owners (other tban Declarant) of record by act or omission change, waive or abandon any scheme of regulations, or enforcement thereof, pertaining to the architectural design or the exterior appearance of Homes, the exterior maintenance ofl-Iomes, maintenance of walkways, fences and driveways, or the upkeep oflawns and plantings in the development, including the provisions of Articles 4 and 5 hereof 11,5 Copies of Notices. If the first Mortgagee of any Lot so requests the Association in writing, the Association shall give written notice to such first Mortgagee of an Owner/Mortgagor of a Lot has for more than sixty (60) days failed to meet any obligation under this Declaration, 11.6 Furnishing of Documents. The Association shall make available to prospective purchasers, Mortgagees, insurers, and guarantors, at their request, current copies of the Declaration, Bylaws, and other rules governing the Project, and the most recent balance sheet and income/expense statement for the Association, if any has been prepared, ARTICLE 12 EASEMENTS 12,1 Association Functions. There is hereby reserved to Declarant and the Association, or their duly authorized agents and representatives, such easements as are necessary to perform the duties and obligations of the Association as are set forth in the Declaration, or in the Bylaws, and rules and regulations adopted by the Association. 12_2 Easements Over Common Areas. The Board, on behalf of the Association and all members thereof, and as an attorney-in-fact for all Lot Owners with an irrevocable power coupled with an interest, shall have authority to grant (in accordance with applicable governmental laws and regulations) utility, road and similar easements, licenses and permits, under, through or over the Common Area, which easements the Board determines are reasonably necessary to the ongoing development and operation of the Project, provided, however, that no casement shall be granted within any Native Growth Protection Area or Native Growth Protection Easement. 12.3 Access to Public Streets. Each Owner and his/her guests and invitees shall have a perpetual, non-exclusive easement across all roadways constructed within the Project, thereby providing access throughout the Project and to public streets, 12.4 Utilitv Easements. On each Lot, easements are reserved as provided hy the Plat Map and applicable laws, ordinances and other governmental rules and regulations for utility installation and maintenance, including but not limited to, 25 underground electric power, telephone, water, sewer, drainage, and accessory equipment. together with the right to enter upon the Lots at all times for said purposes. ARTICLE 13 TERM OF DECLARATION 13.1 Duratiou of Covenants, The covenants contained herein shall run with and bind the land for a term of thirty (30) years from the date this Declaration is recorded, after which time the covenants shall be automatically extended for successive periods often (10) years each, unless an instrument executed in accordance with Section 14.1 below shall be recorded, abandoning or terminating this Declaration. 13.2 Abandonment of Subdivision Status. The Association shall not, without the prior written approval of the governmental entity having jurisdiction over the Project and without prior written approval of one hundred percent (100%) of all first Mortgagees (based upon one (1) vote for each first Mortgage owned) and one hundred percent (100%) of all Owners (other then Declarant) of record, seek by act or omission to abandon or terminate the subdivision status of the Project as approved by the governmental entity having appropriate jurisdiction over the Project. ARTICLE 14 AMENDMENT OF DECLARATION, PLAT MAP 14.1 Declaration Amendment. Amendments to the Declaration shall be made by an instrument in writing entitled "Amendment to Declaration" which sets forth the entire amendment, except as otherwise specifically provided for in this Declaration, any proposed amendment must be approved by a majority of the Board prior to its adoption by the Owners. Amendments may be adopted at a meeting of the Owners if seventy-five percent (75%) of the Owners vote for such amendment or without any meeting if all Owners have been duly notified and seventy-five percent (75%) of all the Owners consent in writing to such amendment. Notwithstanding the foregoing, any amendment to a provision of the Declaration establishing, providing for, governing or regulating the following shall require the consent of seventy-five (75%) of all the Owners and seventy-five percent (75%) of all the Mortgagees and the consent of the Declarant (so long as Declarant owns any Lots): voting, assessments, assessment liens or subordination of such liens, reserves for maintenance, repair and replacements of Common Areas, insurance or bonds; use of Common Areas, responsibility for maintenance or repairs, expansion or construction of the Project or the addition, annexation or withdrawal of property to or from the Project, boundaries of Lots, converting of Lots into common Areas or vice versa; dedicating or transferring all or any part of the Common Area to any publie agency, authority or utility, leasing of Lots; provisions for the benefit of the Declarant, provisions for benefit of first Mortgagees, Or holders, insures or guarantors of first Mortgages, the interests in Common Areas; or imposition of any 26 right of first refusal or similar restrictions on the right of an Owner to sell, transfer or otherwise convey a Lot, providcd, that a Mortgagee who fails to respond in writing within thirty (30) days ofa written request to approve an amendment shall be deemed to havc approved the request In all events, the amendment when adopted shall bear the signature of the president of the Association and shall be attested by the secretary, who shall state whether the amendment was properly adopted, and shall be acknowledged by them as officers of the Association. Amendments once propcrly adopted shall be effective upon recording in the appropriate governmental offices where real estate conveyances are recorded [or the county in which the ProJect is located. It is spccifically covenanted and understood that any amendment to this Declaration properly adopted will he completely effective to amend any or all of the covenants, conditions and restrictions contained herein that may be affected and any or all clauses of this Declaration unless otherwise specifically provided in the section being amended or the amendment itself 14.2 Plat Map, Except as otherwise provided herein, to cffect an amendment to the Declaration adopted as provided for in Section 14.1, the Plat Map may be amended by revised versions or revised portions thereof, provided that the revised version or revised portions reference the adopted amendment to this Declaration. Copies of any such proposed amendment to the Plat Map shall be made available for the examination of every Owner. Such amendment to the Plat Map shall be effective, once properly adopted, upon having received any governmental approval required by law and recordation in conjunction with the Declaration amendment in the appropriate governmental ofl1ce where real estate conveyances are recorded for the county in which the Project is located. 14.3 Amendments to Conform to Construction. Declarant, upon Declarant's sole signature, and as an attorney-in-fact for all Lot Owners with an irrevocable power coupled with an interest, may at any time, until all Lots have been sold by Declarant, file an amendment to the Declaration and to the Plat Map to conform data depicted therein to improvements as actually constructed and to cstablish, vacate and relocate utility easements and access road easements. 14.4 Amendments to Conform to Lending Institution Guidelines. Declarant, upon Declarant's sole signature, and as an attorney-in-fact for all Lot Owners with an irrevocable power coupled with an interest, may at any time, until all Lots have been sold by Declarant, file an amendment to the Declaration and to the Plat Map to conform data depicted therein to improvements as actually constructed and to establish, vacate and relocate utility easements and access road casements. 14.5 Article 16 Amendments, Declarant, upon Declarant's sole signature, and as an attorney-in-fact for all Lot Owners with an irrevocable power coupled with an interest, may at any time, until all Lots have been sold by Declarant, file such amendments to the Declaration and Plat Map as are necessary in the exercise of Declarant's powers under Article 16. Annexations provided for in Article 16 27 shall bc approved and recorded as an amendment to this Declaration as provided in this Article 14. ARTICLE 15 INSURANCE 15.1 Insnrance. The Board shall have authority in the exercise of its discretion to obtain and maintain at all times as a common expense a policy or policies and bonds of liability insurance and property insurance covering the ownership, use and operation of all the Common Area (and Common Area improvements), if any, including common personal property and supplies belonging to the Association; fidelity coverage for Association Board members (including Declarant), officers, employees or agents, and such other insurance as the Board may deem advisable or as may be required by the Federal National Mortgage Association, Federal Home Loan Mortgage Association, Veterans Administration or similar agencies or lending institutions. In the event of damage to or destruction of any part of the Common Area improvements, the Association shall repair or replace the same from the insurance proceeds available. If such insurance proceeds are insufficient to cover the costs of repair or placement o[the property damaged or destroyed, the Association may make a reconstruction assessment against all Lot Owners to cover the additional cost of repair or replacement not covered by the insurance proceeds, in addition to any other common assessments made against such Lot Owners. ARTICLE 16 ANNEXATION AND WITHDRAWAL OF ADDITIONAL PROPERTIES 16.1 Annexation and Withdrawal bv Declarant. Although not obligated to do so, Declarant reserves the right to develop as single family residential subdivisions additional lands that would be in addition to and are nearby the land described in Exhibit A CAdditional Lands"). Declarant may cause all or any portion of such Additional Lands to he annexed to the existing Project without the assent of the members of the Association, PROVDED, however, that the annexation of Additional Lands described in this Article shall be adjacent to the then existing Project. Such Additional Lands shall be deemed "adjacent" to the existing Project even if separated therefrom by land which (i) is owned by Declarant, the Association or the Lot Owners as tenants in common, or (ii) is owned hy or dedicated to the public or a governmental agency or instrumentality, or (iii) is availahle for the use or benefit of the Association or Lot Owners by easement or otherwise, or (iv) is a public or private street, path, bicycle path, railroad track or other improvement or easement for puhlic transportation or utility service. Although not obligated to do 28 so, Declarant reserves the right to discontinue development of and withdraw from the Project any unplatted land within the Project, including any Additional Lands previously annexed, without the assent of the members of the Association. 16.2 Non-Declarant Annexation. Annexation or Additional Lands other than Declarant annexatIons provided for in Section 16.1 hereof shall rcquire the assent of the Owners, 'vlortgagecs and Declarant as provided in Section 14.1 16.3 Common Areas Within Additional Lands. Common Areas within any Additional Lands subsequently annexed to the existing Project shall be available for the common use of all Owners of Lots within the existing Project as well as within such subsequently annexed Additional Lands. Likewise, Common Areas within the existing Project shall be available for the common use of all Owners of Lots within such subsequently annexeci Additional Lands as well as within the existing Project. ARTICLE 17 MISCELLANEOUS 17.1 Notices. Any written notice, or other document as required by this Declaration, may be delivered personally or by mail. If by mail, such notiec, unless expressly provided for herein to the contrary with regard to the type of notice being given, shall be deemed to have been delivered and received forty-eight (48) hours after a copy thereof has been deposited in the United States first-class mail, postage prepaid, properly addresses as follows: (a) If to an Owner, other than Declarant, to the registered address of such Owner, as filed in writing with the Board pursuant to the requirements of the Bylaws, or ifno such address is filed, then to the address ofthc Owner's Lot. (b) If to Declarant, whether in its capacity as an Owner, or in any other capacity, to the address which Declarant shall have advised the Board in writing. (c) Prior to the expiration of the Declarant's management authority pursuant to Section 5.2, notices to the Board shall be addressed either to an address to be posted by the Board at all times in a conspicuous place or to the registered office of the Association. In addition, from and after thc expiration of the Declarant's management authority, notice of the address ofthc Association shall be given by the Board to each Owner, within a reasonable time after the Board has received actual notice of such Owner's purchase of a Lot. 17.2 Convevance, Notice Required. The right of an Owner to sell, transfer, or otherwise convey his/her Lot shall not be subjcct to any right of approval, disapprovaL first refusal, or similar restriction by the Association or the Board or anyone acting on their behalf. An Owner intending to sell a Lot shall deliver a written notice to the Board at least two (2) weeks before closing, specifying the Lot 2'1 being sold; the name and address of the purchaser, of the closing agent, and of the title insurance company insuring the purchaser's interest, and the estimated closing date. The failure of an Owner to properly give such notice to the Board shall not mvalidate the sale. The Board shall have the right to notice the purchaser, the tItle insurance company, and the c10smg agent of the amount of unpaid assessments and charges outstanding against the Lot, whether or not such information is requcsted. 17.3 Successor and Assigns. This Declaration shall be binding upon and shall inure to the benefits of the heirs, personal representatives, successors and assigns of Declarant, and lhe heirs, personal representatives, grantees, lessees, subleases and assignees of the Owners. 17.4 Joint and Several Liabilitv. In the case of joint ownership of a Lot, the liability of each of the Owners thereof in connection with the liabilities and obligations of Owners set forth in or imposed by this Declaration shall be joint and several. 17.5 Mortgagee's Acceptance. 17.5.1 Priority of Mortgage. This Declaration shall not initially be binding upon any Mortgagce of record at the time of recording of this Declaration but rather shall be subject and subordinate to said Mortgage. 17.5.2 Acceptance Upon First Convevance. Declarant shall not consummate the conveyance of title to any Lot until each Mortgagee of record at the time of recording of this Declaration shall have accepted the provisions of this Declaration and made appropriate arrangements for partial release of Lots from the lien of said Mortgage. The issuance and recording of the first such partial release by said Mortgagee shall constitute its acceptance of the provisions of this Declaration and acknowledgment that this Declaration is binding upon all of the Lots remaining subject to its Mortgage, provided, that, except as to Lots so released, said Mortgage shall remain in full effect. 17.6 Severabilitv. The provisions hereof shall be deemed independent and severable, and the invalidity or parlial invalidity or unenforceability of anyone provision or portion thereof shall not affect the validity or enforceability of any other provision hereof 7.7 Effective Date. The Declaration shall take effect upon recording. 17.8 Government Right of Access. Governmental entities shall have rights of access and inspection for the open space and any drainage facilities contained therein. 30 IN WITNESS WEREOF RIDGEVIEW COURT, LLC have executed this Declaration the day and year first hereinahove written RIDGEVIEW COURT, LLC a Washington limited liability company By: STATE OF WASHINGTON COUNTY OF KING ) ) ) ss: I certify that I know or have satisfactory evidence the ~-----cc---:--:--,----:---,--is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute this instrument and acknowledged it as the MANAGER of RIDGEVIEW COURT, LLC, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED ______ , 200 Print Name: --~-~~~~ NOT ARY PUBLIC in and for the State or Washington, residing at 31 My Appointment expires: _____ _ EXHIBIT A Legal Description of the Project Lots 1-20 of RIDGEVIEW COURT as recorded in Volume of Plats, Pages _ through _, Records of King County, State of Washington, under Recording No, _______ _ 32