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20051020000338 i`, V
CITY OF RENTON COV 69.00
City of Renton PAGE001 OF 038
1055 South Grady Way KINGOCOUNTY09WA�
Renton, Washington 98055
DECLARATION OF PROTECTIVE COVENANTS
FOR THE PLAT OF STONE RIDGE (A.K.A. WINDSTONE)
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DOCUMENT TITLE Declaration of Protective Covenants for the Plat of Stone Ridge
(a.k.a. Windstone)
REFERENCE NO. OF N/A
DOCUMENTS ASSIGNED/
RELEASED
GRANTOR KBS Development Corporation
GRANTEE City of Renton
The Public
LEGAL DESCRIPTION
ASSESSOR'S PARCEL NO. ; 032305-9046; 032305-9034; 032305-9033;1
Aar 032305-9042
r 1
DECLARATION OF PROTECTIVE COVENANTS
FOR THE PLAT OF STONE RIDGE (A.K.A. WINDSTONE)
TABLE OF CONTENTS
ARTICLE 1 DEFINITIONS 2
1.1 Association 2
1.2 Association Action 2
1.3 Board 3
1.4 Building 3
1.5 Common Area 3
1.6 Declaration 4
1.7 Developer 4
1.8 Lot 4
1.9 Lot Owner 5
1.10 Map 5
1.11 Member 5
1.12 Participating Builder 6
1.13 Property 6
ARTICLE 2 PLAT OF STONE RIDGE (A.K.A. WINDSTONE) 6
ARTICLE 3 PHASED DEVELOPMENT 7
3.1 Subsequent Development 7
3.2 Consent to Adding or Subtracting Properties 7
3.3 Rights and Obligations 8
3.4 No Requirement to Include Additional Properties 9
ARTICLE 4 DEVELOPMENT PERIOD; DEVELOPER'S RIGHTS DURING
DEVELOPMENT PERIOD 9
4.1 Development Period 9
4.2 Developer's Authority During Development Period 10
ARTICLE 5 WINDSTONE HOMEOWNERS ASSOCIATION 10
5.1 Establishment 10
5.2 Voting 11
5.3 Proxies 11
5.4 Adoption of Bylaws and Amendments 12
5.5 Initial Board of Directors 12
5.6 Management Agreements 13
ARTICLE 6 MANAGEMENT OF COMMON AREAS 13
6.1 Control 13
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6.2 Goods and Services 13
6.3 Additional Properties 14
6.4 Dedication to Governmental Entities 14
ARTICLE 7 PROPERTY RIGHTS IN THE COMMON AREA 15
7.1 Association Control of Common Area 15
7.2 Restrictions on Use of Common Areas 15
7.3 Other Restrictions 15
7.4 Association Responsibilities 15
ARTICLE 8 COVENANT FOR ASSESSMENTS 16
8.1 Creation of Lien and Personal Obligation of Assessment 16
8.2 Purpose of Assessments 17
8.3 Initial Assessment 17
8.4 Annual Assessments 18
8.5 Estimated Assessments 18
8.6 Payment By Owners 19
8.7 Record of Assessments 19
8.8 Special Assessments 20
8.9 Uniform Rate of Assessment 21
8.10 Default in Payment of Assessment-Remedies 21
8.11 Foreclosure of Assessment Lien; Attorney's Fees and Costs 22
8.12 Homestead Waiver 22
8.13 Curing of Default 23
8.14 Continuing Liability for Assessments 23
8.15 Exempt Property 23
8.16 Rights of Board - Waiver of Lot Owners 23
8.17 Subordination of the Lien to Mortgages 24
ARTICLE 9 ARCHITECTURAL CONTROL AND BUILDING AND CONSTRUCTION
RESTRICTIONS 24
9.1 Establishment - 24
9.2 Design Review Committee 26
9.3 Submission of Plans 26
9.4 Approval of Plans 27
9.5 Criteria 27
9.6 Effect of Committee Approval 28
9.7 No Liability 28
9.8 Size - 28
9.9 Building and Construction Restrictions 29
9.10 Conduct of Construction 33
ARTICLE 10 EXTERIOR MAINTENANCE 34
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10.1 Lot Owners' Obligations 34
10.2 Trees 36
10.3 Color Approval 36
10.4 Roof Approval 36
ARTICLE 11 PROPERTY USE RESTRICTIONS 37
11.1 Business and Commercial Use of Property 37
11.2 Signs 37
11.3 Parking Certain Vehicles 38
11.4 Motor Vehicles 38
11.5 Nuisances; Hazardous Activities; Lighting 39
11.6 Animals 39
11.7 Trash Disposal 40
11.8 Unsightly Conditions 41
11.9 Antenna 41
11.10 Storage 42
11.11 Machinery and Equipment 42
11.12 Oil Drilling, Etc. 42
11.13 Development Activities Exempted 42
11.14 Violations 43
ARTICLE 12 EASEMENTS 44
12.1 Easements 44
12.2 Maintenance of and Restrictions on Easement Areas 48
ARTICLE 13 GENERAL PROTECTIVE COVENANTS 49
13.1 Partition 49
13.2 Subdivision or Combination 49
13.3 Leases 50
13.4 Mortgagee Protection 50
ARTICLE 14 INSURANCE 52
14.1 Liability and Hazard Insurance 52
14.2 Building Insurance 52
14.3 Common Area Repair and Replacement 52
14.4 Building Repair and Replacement 53
ARTICLE 15 ENFORCEMENT 53
15.1 Rules and Regulations 53
15.2 Enforcement 54
15.3 Remedies 54
15.4. Waiver 54
15.5 Costs and Attorney Fees 55
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ARTICLE 16 AMENDMENT OF DECLARATION 55
16.1 Developer's Reserved Rights 55
16.2 Amendment by Members 56
16.3 Amendments Affecting Maintenance or Operation of Common Areas 57
16.4 Power of Attorney 57
ARTICLE 17 LIMITATION OF LIABILITY; INDEMNIFICATION 58
17.1 Limitation of Liability 58
17.2 Indemnification 58
ARTICLE 18 GENERAL PROVISIONS 60
18.1 Term 60
18.2 Subordination 61
18.3 Notice 61
18.4 Examination of Records 61
18.5 Severability 62
18.6 Gender 62
18.7 Headings 62
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DECLARATION OF PROTECTIVE COVENANTS
FOR THE PLAT OF STONE RIDGE (A.K.A. WINDSTONE)
This Declaration of Protective Covenants for the Plat of Stone Ridge (a.k.a. Windstone) (this
"Declaration") is made this y$_-day of 56-pa ugg , 20 a'by KBS
DEVELOPMENT CORPORATION ("Developer").
RECITALS AND DECLARATION
Declarant is the Developer and owner of the real property and improvements thereon legally
described in Exhibit A, known as the Plat of Stone Ridge (a.k.a. Windstone) (the "Property", or
"Windstone"). The Property is comprised of the real property legally described on Exhibit A attached
hereto and shown on maps recorded with the King County Recorder under Recording No.
Zoos l0 2 o e eo 33'7 and any other real property added by amendment hereto.
Developer hereby publishes and declares that the Property shall be held, sold, conveyed,
encumbered, leased, rented, used, occupied, and improved subject to the following covenants,
conditions, restrictions, easements, reservations, and agreements, all of which are for the purpose of
enhancing and protecting the character, attractiveness, and desirability of Windstone. These covenants,
conditions, restrictions, easements, and reservations, shall run with the Property and shall be a burden
upon and a benefit to the Property and binding upon any person, firm, corporation or entity of any kind
whatsoever acquiring or owning an interest in the Property or any part thereof, and their respective
lessees, guests, heirs, executors, personal representatives, successors and assigns. Acceptance of an
interest in any portion of the Property shall be deemed acceptance of the terms and provisions of this
Declaration.
ARTICLE 1 DEFINITIONS
1.1 Association
The term "Association" shall mean and refer to a Washington non-profit corporation comprised
of all of the Lot Owners of the Plat of Stoneridge (a.k.a. Windstone) acting collectively in accordance
with its governing documents and this Declaration. The initial name of the Association is "Windstone
Homeowners Association." However, the Association's name may be changed by the Developer if the
Developer elects to use a different name for the Plat for marketing purposes.
1.2 Association Action
The term "Association Action" shall mean and refer to a resolution of the Association in the
form of either a bylaw or resolution duly passed by either the Board or by the Members of the
Association at a Members' meeting.
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1.3 Board
The term "Board" shall mean and refer to the Board of Directors of the Association (or such
other governing body the Association shall form) which shall have all powers authorized by this
Declaration and the governing documents of the Association.
1.4 Building
The term "Building" shall mean and refer to any building or structure constructed or located
within Windstone, and all appurtenances thereto.
1.5 Common Area
The term "Common Area" shall mean and refer to Tracts A, B, C, D, E and F as shown on the
Map, the fence, landscaping and monument easements benefiting the Association, and any other areas
owned by or benefiting the Association and/or the Lot Owners for the common use and enjoyment of
all of the Lot Owners. Any streets, tracts or other areas dedicated or conveyed to a governmental
entity for public use are not Common Areas.
The Developer may add to or subtract from the Common Area during the Development Period,
as defined in Section 4.1, by an amendment to this Declaration,provided that the Developer may not
withdraw any tract or other Common Area subject to a condition imposed by the City of Renton or
otherwise required by state or federal laws without the written consent of the City of Renton. In the
event the Common Areas described on the recorded Map are different from those described herein, the
Common Areas described on the Map shall be deemed the Common Areas unless this Declaration has
been amended or modified to change the Common Areas shown on the Map, except the status of those
tracts or Common Areas that were subject to a condition imposed by the City of Renton or otherwise
required by state or federal laws may not be changed without the written consent of the City of Renton.
1.6 Declaration
The term "Declaration" shall mean and refer to this Declaration of Protective Covenants for
Stone Ridge (a.k.a. Windstone).
1.7 Developer
The term "Developer" shall mean and refer to KBS Development Corporation, or a person or
entity (including a Participating Builder) to which it assigns its rights as Developer.
1.8 Lot
The term "Lot" shall mean and refer to any one of the residential lots located within the
Property as shown on the Map. If any additional property is hereafter made subject to this Declaration
pursuant to the provisions of ARTICLE 3, each tract comprised of a buildable legal lot contained
therein shall be considered to be a Lot as defined in this Section.
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1.9 Lot Owner
The term "Lot Owner" shall mean and refer to the record owner, whether one or more persons
or entities, of any Lot, including any persons or entities purchasing a Lot pursuant to the terms of a
recorded real estate contract, but excluding those persons or entities having an interest in any Lot
merely as security for the performance of an obligation. The Developer shall be the Lot Owner until it
sells the Lot, but the Developer shall not be liable for assessments and fees and may be expressly
excluded from other obligations to the Association as stated herein.
1.10 Map
The term "Map" shall mean the official plat map recorded with the King County Recorder
under Recording No. ZOO S10 ZO 000337 and any subsequent Maps of divisions of
Stone Ridge (a.k.a. Windstone) which are recorded.
1.11 Member
The term "Member" shall mean and refer to every Lot Owner who, as a result of such
ownership, holds a membership in the Association with rights and responsibilities as set forth herein
and in the governing documents of the Association. Each Lot shall have one (1) membership
inseparably appurtenant to it.
1.12 Participating Builder
The term "Participating Builder" shall mean a person or entity who acquires from Developer
one or more Lots for the purpose of improving the same for resale to future Lot Owners.
1.13 Property
The term "Property" shall mean the Property referred to herein as Windstone as more
specifically described in Exhibit A, attached hereto and by this reference made a part hereof. The
description of the Property may be amended from time to time pursuant to ARTICLE 3.
ARTICLE 2 PLAT OF STONE RIDGE (A.K.A. WINDSTONE)
This Declaration shall initially subject the Property, the Buildings and other improvements
constructed and to be constructed thereon, and the Common Areas, all of which shall be known as
Windstone, to its provisions. The plat shall use the common name "Windstone," even though the plat
is called Stone Ridge (a.k.a. Windstone). In the event that Developer subjects additional property to
this Declaration pursuant to ARTICLE 3 hereof, all such properties shall collectively be known as
Windstone.
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ARTICLE 3 PHASED DEVELOPMENT
3.1 Subsequent Development
Developer reserves for itself, its successors or assigns, the right, by adoption of amendments to
this Declaration, to subject additional properties to this Declaration or to withdraw undeveloped
property from it, except those tracts or Common Areas that were subject to a condition imposed by the
City of Renton or otherwise required by state or federal law. If the Developer elects to subject
additional property to this Declaration, Developer shall grant to the Lot Owners of such additional
properties (and Developer, if applicable) all of the rights and benefits to which Members of the
Association are entitled.
3.2 Consent to Adding or Subtracting Properties
Developer may subject additional properties to this Declaration at any time prior to termination
of the Development Period as defined in Section 4.1. Developer may also withdraw any undeveloped
properties from this Declaration at any time prior to termination of the Development Period, except
written consent from the City of Renton is required before the withdrawal of those tracts or Common
Areas that were subject to a condition imposed by the City of Renton or otherwise required by state or
federal laws. Each Lot Owner appoints and constitutes the Developer as his attorney-in-fact to adopt
and file amendments to this Declaration necessary to add or subtract such properties. The original
Windstone Lot Owners shall be benefited by any Common Area on additional property the Developer
elects to add to Windstone, either through Association ownership and control of said additional property
Common Area or by easements of use and enjoyment in favor of said original Lot Owners on said
additional property Common Area. The Lot Owners of such property added by Developer to
Windstone shall have an easement for use and enjoyment of the existing Windstone Common Area and
shall have all the obligations to pay the cost of maintaining the Common Area unless otherwise
provided herein. The Developer reserves the right to extend existing easements and create new
easements over the Lots so as to provide access to and service to the additional properties. Neither the
Association nor any Lot Owners shall have any right in any additional property nor shall this
Declaration have any effect on such additional property until it is subjected to this Declaration by
adoption of an amendment to this Declaration specifically describing such additional property.
3.3 Rights and Obligations
The Lot Owners of properties added to Windstone (including Developer, if applicable) shall be
Members of the Association, and shall be entitled to all benefits and subject to all obligations of a
Member, including, but not limited to, the right to vote in Association elections and the obligation to
pay assessments as set forth herein.
3.4 No Requirement to Include Additional Properties
Nothing contained in this Declaration shall be construed to require the Developer to subject
additional properties to this Declaration.
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ARTICLE 4 DEVELOPMENT PERIOD; DEVELOPER'S RIGHTS DURING
DEVELOPMENT PERIOD
4.1 Development Period
The term "Development Period" shall mean that period of time from the date of recording this
Declaration until the date when all original Lots have been sold, or, if additional properties shall have
been subjected to this Declaration, then until the date when all original and additional Lots have been
sold, but in any event the Development Period shall terminate ten (10) years after the recording of this
Declaration. Notwithstanding the foregoing, the Developer, at its option, may elect to terminate the
Development Period at any time by recording with the King County Recorder a Notice of Termination
of Development Period referencing this Declaration and stating that the Development Period is
terminated. For purposes of this Section 4.1, transfer of title to a Lot by Developer to any Participating
Builder shall be disregarded and title to any Lot owned by a Participating Builder shall not be deemed
transferred for purposes of determining the Transition Date until the Lot is further transferred by said
Participating Builder to a purchaser who is not either a Participating Builder or Developer. KBS
Development Corporation, as the original Developer, shall retain all rights of the Developer set forth in
this Declaration until KBS Development Corporation has conveyed title to all Lots to Participating
Builder(s) and/or to another purchaser who is not a Participating Builder.
4.2 Developer's Authority During Development Period
Until the termination of the Development Period, the Developer hereby reserves for itself, its
successors or assigns, all of the rights, powers and functions of the Association, or the Board thereof,
which shall be exercised and/or performed solely by the Developer without further authority from or
action by the Members during the Development Period, the Developer shall have no obligation to
publish financial statements, hold meetings or otherwise account to or consult with the Members,
except as otherwise expressly required herein. Upon termination of the Development Period,
administrative power and authority for management of the Property shall pass to the Board of Directors
and Members as provided herein and in the Bylaws.
ARTICLE 5 WINDSTONE HOMEOWNERS ASSOCIATION
5.1 Establishment
There is hereby created an association to be called "Windstone Homeowners Association." The
Association shall be a nonprofit corporation formed and operated pursuant to RCW 24.03 and RCW
64.38. The Association shall use the name "Windstone Homeowners Association" unless Developer or
the Association elects to use a different name.
5.2 Voting
After the end of the Development Period, each Member shall be entitled to cast, at any meeting
of the Association, one vote for each Lot owned by that Member. If any Lot is owned by more than
one (1) person or entity, the Owners thereof shall appoint one (1) person to serve as the voting Member
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and shall file a written statement with the Board signed by all of the Lot's Owners naming the voting
Member. Any such designation of a voting Member shall be revoked automatically when the Board
receives a subsequent notice signed by all of the Lot's Owners designating another voting Member,
when the Board receives notice of the death or judicially declared incompetence of any of the Lot's
Owners, or when any of the Lot's Owners conveys its interest in such Lot. The Association may
suspend voting rights of any Member as provided in this Declaration or the governing documents of the
Association.
5.3 Proxies
Members may vote at any meeting of the Association in person or by proxy. A proxy must be
in writing, signed by the designated voting Member for the Lot and filed with the Board in advance of
the meeting at which such vote is taken. No Lot Owner may revoke any proxy given by a Member to
or in favor of a holder of indebtedness secured by any recorded first mortgage (meaning a mortgage
with priority over all other mortgages) upon the Member's Lot, without the prior written consent of the
holder of such indebtedness.
5.4 Adoption of Bylaws and Amendments
Prior to the termination of the Development Period, the Developer, acting pursuant to its
authority to act on behalf of the Association, shall adopt Bylaws. During the Development Period,
Developer shall have sole authority to amend the Bylaws. After termination of the Development
Period, except as expressly provided to the contrary herein, the Bylaws of the Association("Bylaws")
may be amended from time to time by a majority vote of the Members (including Developer, if
applicable), at any regular or special meeting of the Association duly called for that purpose, or by a
vote of a majority of the Board present at a meeting of the Board duly called for that purpose.
5.5 Initial Board of Directors
The Developer shall designate the members of the initial Board. The initial Board shall serve
until the Developer transfers the management and administration of Windstone to the Board elected by
the Members pursuant to the Bylaws after termination of the Development Period. Except as
specifically provided herein to the contrary, the initial Board shall have the right to exercise all powers
and perform all functions of the Board.
5.6 Management Agreements
The Association may enter into such agreements for the performance of any or all of the
functions of the Association with such persons or entities as the Association deems fit and proper in its
sole discretion.
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ARTICLE 6 MANAGEMENT OF COMMON AREAS
6.1 Control
The Developer shall have and hereby reserves for itself, its successors, and assigns, an
easement for the right, during the Development Period and any period thereafter in which Developer is
a Lot Owner, to utilize the Common Area for its business uses and purposes, including, but not limited
to, completion of improvements thereon and other uses and purposes related to the construction,
promotion and development of Windstone. Upon termination of the Development Period, said
Developer's easement shall automatically terminate. Control and the management and administration of
the Common Area shall vest in the Association at the end of the Development Period subject to the
Developer's aforementioned rights of use.
6.2 Goods and Services
The Board shall acquire and pay for as a Common Expense of the Association, all goods and
services reasonably necessary or convenient for the efficient and orderly maintenance of all portions of
the Common Areas, including but not limited to installing, maintaining and operating (including paying
for electricity for) streetlights.
6.3 Additional Properties
If additional properties are subjected to this Declaration pursuant to ARTICLE 3, Developer
shall have an easement as described in Section 6.1 on the Common Areas located therein. Upon
termination of the Development Period, said Developer's easement shall automatically terminate.
Thereafter, the Association shall be responsible for the management, maintenance and administration of
such Common Areas. Costs of maintaining and operating the Common Areas located in additional
properties shall be paid as provided in Section 10.
6.4 Dedication to Governmental Entities
Until the termination of the Development Period, Developer reserves the right to withdraw any
undeveloped part of the Property from this Declaration and to dedicate, transfer or convey to any state,
county, municipal or other governmental entity any such part of the Property. The rights reserved to
Developer in this Section 6.4 shall be exercised by Developer at Developer's sole discretion.
ARTICLE 7 PROPERTY RIGHTS IN THE COMMON AREA
7.1 Association Control of Common Area
The Association owns and controls the Common Area for the benefit of the Lot Owners.
Except as otherwise limited by law or prior restriction, each Lot Owner shall have a non-exclusive right
to the use and enjoyment in and to the Common Areas. Subject to the Developer's rights set forth in
5.6, each Lot Owner hereby grants the Association an irrevocable right to manage and control the
Common Areas on behalf of and in the interest of the Lot Owners.
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7.2 Restrictions on Use of Common Areas
Except with regard to utility easements, the Common Areas may be used only by Members and
their guests.
7.3 Other Restrictions
The Common Areas shall also be subject to the other restrictions, limitations and reservations
contained or provided for in this Declaration or the Bylaws.
7.4 Association Responsibilities
The Association shall maintain the Common Areas and associated landscaping, including but
not limited to the storm pond, drainage system, recreation areas, sensitive areas, entry monument(s),
entry landscaping, and all other Common Areas shown on the Map or designated herein, as required or
advisable. The Association may provide such additional common maintenance which it determines to
be in the best interest of the Lot Owners.
ARTICLE 8 COVENANT FOR ASSESSMENTS
8.1 Creation of Lien and Personal Obligation of Assessment
By acceptance of a deed or other instrument of conveyance, whether or not it shall be so
expressed in any such deed or other instrument, each Lot Owner is deemed to covenant and agree to
pay to the Association all common expenses assessed against said Owner's Lot by the Association.
Common expenses include, but are not limited to: (a) annual assessments or charges and (b) special
assessments. Said annual and special assessments, together with interest therein and costs of collection
thereof(including reasonable attorneys' fees whether or not suit is commenced), shall be a charge on
the Lot and shall be a continuing lien upon the Lot against which each such assessment is made. Each
such assessment, together with such interest and costs of collection, shall also be the personal obligation
of the Lot Owner owning the Lot when the assessment is due. There shall be no assessment on any Lot
until after the initial transfer of the Lot to a residential owner. The personal obligation for delinquent
assessments shall not pass to the Lot Owner's successors in title unless the lien for such delinquent
assessment has been properly recorded prior to transfer of title or unless expressly assumed by the
transferee. 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 only for the amount of the
installment due prior to said sale. The new owner shall be personally liable for installments which
become due on or after said sale.
8.2 Purpose of Assessments
The annual and special assessments levied by the Association shall be used exclusively for the
purpose of promoting the health, safety and welfare of the Members thereof, their guests and invitees,
and shall be used to improve, protect, operate and maintain the Common Areas and provide for
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performance of the duties of the Board. All funds collected hereunder shall be expended for the
purposes designated herein.
8.3 Initial Assessment
At the time of the purchase of the Lot, each Lot Owner (except Developer and any Participating
Builder) shall pay the initial annual assessment. The initial annual assessment is the amount that the
Board has assessed against the Lot for the year in which the Lot is purchased, which amount shall be
prorated for any partial year. The initial annual assessment shall be collected by the escrow agent at
the closing of the purchase of the Lot.
8.4 Annual Assessments
Each year the Board shall assess each Lot Owner for an annual assessment in an amount which,
in the aggregate, is sufficient to meet the obligations of the Association. Commencing on January 1
following the termination of the Development Period and continuing each year thereafter, the annual
assessments shall not be increased by more than twenty-five percent(25%) without the approval of
seventy percent (70%) of the Members voting at a meeting duly called for such purpose.
Notwithstanding the provisions set forth above, the Developer, its successors or assigns shall not be
liable for any fees or assessments assessed or due prior to the termination of the Development Period.
8.5 Estimated Assessments
Commencing on January 1S` following the termination of the Development Period and
continuing each year thereafter, but within sixty (60) days prior to the beginning of each calendar year
or such fiscal year as the Board may adopt, the Board shall (a) estimate the annual assessments and
special assessments for the Lots to be paid during such year; (b) make provisions for creating, funding
and maintaining reasonable reserves for contingencies and operations, for maintenance repair,
replacement and acquisition of Common Areas and/or (c) take into account any expected income and
any surplus available from the prior year's operating fund. If the estimated cash requirement proves
inadequate for any reason, including nonpayment of any Lot Owner's assessment, a further assessment
may be levied during that fiscal year upon a majority vote of the Board.
Within thirty (30) days after the Board's adoption of any proposed regular or special budget of
the Association, the Board shall set a date for a meeting of the Lot Owners to consider ratification of
the budget. The Board shall give written notice of such meeting to all Lot Owners. Said written notice
shall include a summary of the proposed budget. The meeting date shall be not less than fourteen (14)
and not more than sixty (60) days after mailing of the notice and summary. Unless at the meeting the
Lot Owners holding a majority of the votes in the Association, in person or by proxy, reject the budget,
the budget shall be deemed ratified, whether or not a quorum is present. In the event the proposed
budget is rejected or the required notice is not given, the periodic budget last ratified by the Lot Owners
shall be continued until such time as the Lot Owners ratify a subsequent budget proposed by the Board.
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8.6 Payment By Owners
Each Lot Owner shall be obligated to pay its annual and special assessments to the Treasurer of
the Association. Annual assessments shall be paid in full on or before the annual due date established
by the Board. Special assessments shall be paid annually or in equal monthly installments or before the
first day of each month during each year or at such time and in such other reasonable manner as the
Board designates.
8.7 Record of Assessments
The Association shall keep an accurate record of its receipt and expenditures in chronological
order. Such record shall specify and itemize the operation, maintenance, replacement and repair
expenses of the Common Area and any other expenses incurred. Records and vouchers authorizing
such payments shall be available for examination by the Lot Owners for any proper purpose at any
reasonable time.
8.8 Special Assessments
In addition to the annual assessments authorized above, the Association may levy in any fiscal
year as the Board designates, a special assessment for the purposes of defraying, in whole or in part,
the cost of any construction, reconstruction, repair, acquisition or replacement of a capital improvement
upon the Common Areas, including fixtures and personal property related thereto. No such special
assessment levied against all Lot Owners shall be in excess of$5,000, except upon a majority vote of
the Lot Owners in attendance at a meeting duly called for said purposes, or in excess of$25,000 except
upon a seventy percent(70%) affirmative vote of the Lot Owners in attendance at a meeting duly called
for said purpose. The Board may also levy a special assessment against one (1) or more Lot Owners
who are in violation of ARTICLE 10 or ARTICLE 11 and/or any other provisions of this Declaration.
The limitation on maximum annual assessments and special assessments shall not apply to an
assessment levied against a Lot Owner which is imposed by the Board to reimburse the Association for
costs incurred in bringing the Member or the Lot owned by the Member into compliance with the
provisions of this Declaration or the Bylaws.
8.9 Uniform Rate of Assessment
Both annual and special assessments must be fixed at a uniform rate for all Lots except for
assessments against a specific Lot Owner imposed by the Board to reimburse the Association for costs
incurred in bringing the Member or Lot into compliance with the provisions of this Declaration or the
Bylaws.
8.10 Default in Payment of Assessment—Remedies
If any assessment is not paid within thirty (30) days after it is first due and payable, such
assessment shall bear interest at the highest rate permitted by law, or if no limitation is imposed by law,
at eighteen percent (18%) per annum, from the date on which it was due until paid. In the event any
annual or special assessment remains delinquent for more than thirty (30) days, the Board may, upon
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fifteen (15) days' written notice to the Lot Owner, accelerate and demand immediate payment of the
delinquent assessment, and any assessments which the Board reasonably determines will become due
during the next succeeding twelve (12) months. If the assessments and any accrued interest is not paid
in full within fifteen (15) days of the date of the notice, the Association may bring an action against the
person or entity personally obligated to pay such assessment and/or record a lien for the amount of the
assessments plus interest and attorney fees and costs incurred or estimated to be incurred in enforcing
the lien with the county in which the Lot is located. The lien may be foreclosed in the same manner as
a real property mortgage. Suit to recover a money judgment for unpaid assessments or charges can be
maintained against the Lot Owner in conjunction with or separate from foreclosure of the lien.
8.11 Foreclosure of Assessment Lien; Attorney's Fees and Costs
The Developer or Board may initiate action to foreclose the lien of any assessment on behalf of
the Association. In any action to foreclose a lien against the Lot for nonpayment of delinquent
assessments or charges, any judgment rendered against the Lot Owner in favor of the Association shall
include a reasonable sum for attorney fees and costs and expenses reasonably incurred in preparation
for and pursuit of such action in addition to taxable costs permitted by law. The Association shall be
entitled to reimbursement for all of its attorney fees whether or not suit is filed or prosecuted to
judgment, and whether said attorney fees are incurred in negotiation, arbitration, litigation, foreclosure
or collection action, bankruptcy or appeal.
8.12 Homestead Waiver
Each Lot Owner hereby waives, to the extent of any liens created pursuant to this Declaration,
the benefit of any homestead or exemption law in effect at the time any assessment becomes delinquent
or any lien is imposed pursuant to the terms of this Declaration, and hereby waives the right to claim
such homestead or exemption prior to payment in full of all delinquent assessments.
8.13 Curing of Default
If the Lot Owner cures the default prior to foreclosure of the lien of assessment, the Board shall
file and record a satisfaction and release of lien. The Board may assess a reasonable fee to cover the
cost of preparation and recording of said satisfaction of lien. Said amount shall be paid prior to the
filing of the satisfaction of lien. The notice of satisfaction of lien may be executed by any authorized
representative of the Board.
8.14 Continuing Liability for Assessments
No Lot Owner may exempt himself from his liability for annual or special assessments by
abandonment of his Lot or abandonment of the use of any Common Area.
8.15 Exempt Property
The following property is exempt from the assessments created.herein: (a) all properties
dedicated to and accepted by local public authority; (b) all Common Areas; and (c) all properties the fee
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title to which is retained by Developer. However, any land or improvements devoted to dwelling use
shall not be exempt from said assessment.
8.16 Rights of Board- Waiver of Lot Owners
Each Lot Owner hereby vests in and delegates to the Board or its duly authorized
representatives, the right and power to bring all actions at law, including lien foreclosures, whether
judicially or by power of sale or otherwise, against any Lot Owner for collection of the delinquent
assessments in accordance herewith. Each Lot Owner hereby expressly waives any objection to the
enforcement in accordance with this Declaration, of the obligation to pay annual and special
assessments as set forth herein.
8.17 Subordination of the Lien to Mortgages
The lien of the assessments provided for herein shall be subordinate to the lien of any first
mortgage now or hereafter placed on any Lot. Sale or transfer pursuant to a decree of foreclosure of
any Lot which is subject to such first mortgage shall extinguish the lien of such assessments as to
payments which become due prior to such sale or transfer. No such sale or transfer shall relieve such
Lot Owner from personal liability for any assessment due nor shall any Lot be relieved from paying
assessments becoming due after foreclosure of the lien thereof.
ARTICLE 9 ARCHITECTURAL CONTROL AND BUILDING AND CONSTRUCTION
RESTRICTIONS
9.1 Establishment
An Architectural Control Committee is hereby established as a special committee of the Board.
The Architectural Control Committee shall review all proposed construction for compliance with the
Architectural Controls listed in this Article. The Developer hereby reserves for itself, its successors
and assigns, the right to exercise any and all powers and controls given to the Board or its authorized
representatives as enumerated in Section 9.2 herein until the Architectural Control Committee is
terminated. The initial Architectural Control Committee ("Committee") is comprised of:
Kolin B. Taylor 12320 NE 8th Street, Suite 100
Bellevue, Washington 98005
Robert W. Ruddell 12320 NE 8th Street, Suite 100
Bellevue, Washington 98005
Solomon Avzaradel 12320 NE 8th Street, Suite 100
Bellevue, Washington 98005
A majority of the Committee may designate a representative to act for it. In the event of death
or resignation of any member of the Committee, the remaining members shall have full authority to
designate a successor or to act alone. Neither the members of the Committee nor its designated
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representative, shall be entitled to any compensation for services performed as a member of the
Committee unless authorized by a two-thirds (2/3) vote of the Board. The term of office of the above-
designated Committee shall terminate automatically upon the sale or conveyance of the last initial Lot
owned by Developer, if not sooner terminated by Developer in the same way that the Development
Period can be terminated by Developer pursuant to Section 4.1 herein. The Architectural Control
Committee may continue, even after termination of the Development Period, if the Developer elects to
terminate the Development Period before it has sold all of its Lots but does not elect to terminate the
Architectural Control Committee.
9.2 Design Review Committee
At the termination of the Development Period, the Board or a committee of the Board shall
appoint a Design Review Committee. The Design Review Committee shall consist of three (3) or more
Lot Owners. The Design Review Committee shall have all the powers and authority of the Architectural
Control Committee and any reference in this Declaration to the Architectural Control Committee shall
also refer to the Design Review Committee. The Committee must give its written approval before any
person may erect, place or alter any Building, fence or other improvement on any Lot, or landscape
any Lot. The Committee shall grant written approval upon two-thirds (2/3) affirmative vote of the
Committee.
9.3 Submission of Plans
No structure shall be constructed or caused to be constructed on any Lot unless the plans for the
structure have been approved in writing by the Committee. At least forty-five (45) days prior to
commencement of construction, a Lot Owner or prospective Lot Owner shall submit one copy of
materials adequate to allow review of a proposed action for each Committee member, plus one
additional copy for the files of the Committee. Submittals must include, at minimum: (a) site plan; (b)
exterior elevations (all sides); (c) color board showing all exterior colors and materials; and (d)
landscape and exterior lighting plan. The Committee may request additional information or details.
9.4 Approval of Plans
The Committee shall approve or disapprove of such plans within thirty (30) days of said
submittal. The Committee's decision shall be in writing. The Committee shall have the right to
approve a proposal subject to compliance with conditions established by the Committee. If the
Committee fails to approve or disapprove a plan within the thirty (30) day period, approval shall not be
required, and this Article shall be deemed to have been fully complied with. The decisions of the
Committee are final.
9.5 Criteria
The Architectural Control Committee shall consider the following criteria in approving or
rejecting the plans submitted to it: (a) the harmony of the external design, color and appearance of the
proposal in relationship to the surrounding neighborhood; (b) the location of the proposed Building on
the Lot in regard to slopes, soil conditions, existing trees and vegetation, roads and services, existing
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buildings and adjoining lots and buildings thereon; and (c) the compliance of the proposal with the
covenants contained in this Declaration and any rules and regulations promulgated pursuant to this
Declaration.
9.6 Effect of Committee Approval
No Buildings shall be constructed or caused to be constructed on any Lot unless the Committee
has approved the plans as provided above. The Committee's approval of any plan shall not constitute
any warranty or representation by the Committee, the Board or any of their Members that such plans
were examined or approved for engineering or structural integrity or sufficiency or compliance with the
applicable governmental laws, codes, ordinances and regulations.
9.7 No Liability
The Members of the Architectural Control Committee shall have no personal liability for any
action or decision made by the Committee. By acceptance of a deed to any Lot, the Lot Owner agrees
and covenants not to maintain any action against any Member of the Architectural Control Committee
which seeks to hold that Member personally or individually liable for damages relating to or caused by
any action or decision of the Committee. Each Lot Owner hereby releases any and all claims of any
nature whatsoever against any member of the Architectural Control Committee, the Board, and the
Association, their heirs, successors and assigns related to the engineering, structural integrity,
sufficiency, compliance of any plans approved by the Committee.
9.8 Size
9.8.1 Floor Area. The floor area of the main house structure, exclusive of open
porches and garages, shall be not less than 2,200 square feet for a dwelling containing a single level of
2,500 square feet for a dwelling containing multiple levels.
9.8.2 Lot Size. No Lot or portion of a Lot in this plat shall be divided and sold or
resold, or ownership changed or transferred whereby the ownership of any portion of this plat shall be
less than the area required for the use district in which the Lot is located.
9.8.3 Local Codes. All buildings or structures shall be constructed in accordance
with the City of Renton and any other applicable codes. In the event of a conflict between any
applicable codes and this Declaration, the codes shall govern.
9.9 Building and Construction Restrictions
All Buildings on a Lot are subject to the following restrictions:
9.9.1 Single Family Residence. Only one (1) single-family residence ("house") may
be constructed or permitted to remain on a Lot.
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9.9.2 Exterior Finish. The exterior of all structures shall be designed, built and
maintained in such a manner to blend with the natural surroundings and existing structures within
Windstone. Siding shall be solid wood product or approved wood by-product, stucco, stone, faux
stone, or brick. All exterior paint colors shall be consistent with surrounding structures. No primary,
reflective or fluorescent colors shall be used in any structure. Exterior trim, fences, doors, railings,
decks, eaves, gutters and the exterior finish of garages and accessory buildings, if allowed, shall be
designed, built and maintained to be compatible with the exterior of the structures they adjoin and the
structures on adjacent lots. All structures shall be completed as to exterior appearances, including
finish painting, within nine (9) months from the date construction is commenced which shall be defined
for the purposes of this paragraph as the date the foundation is poured.
9.9.3 Fences. Fences may be erected on property lines, except that fences erected
between the front of the house and the street or on corner Lots between the side of the house and the
street shall be subject to prior review and approval by the Architectural Control Committee. Nothing in
this Section 9.9.3 shall prevent the erection of a necessary retaining wall. No fence, wall, hedge or
mass planting shall at any time extend higher than six (6) feet above the ground, except for necessary
retaining walls or rockeries which conform to the King County Building Codes. No wire fences shall
be used unless approved by the Architectural Control Committee. The finished side of all fences shall
face the exterior of the Lot and shall be painted or finished to match or blend with the existing
appurtenant structures.
9.9.4 Roofing. The roof shall be an architectural composition roof with at least a
thirty (30) year life.
9.9.5 Prefabricated Buildings. No prefabricated buildings or structures of any nature
whatsoever, specifically including mobile homes, permanent or temporary, shall be moved, placed,
constructed or otherwise maintained on any Lot.
9.9.6 Lighting. All area lighting shall be designed and positioned to ensure that the
light source is not visible from any other house in the development.
9.9.7 Temporary Occupancy and Temporary Buildings. No trailer, recreational
vehicle, boat, basement of any incomplete building, shed, tent, shack, garage or barn and no temporary
buildings or structures of any kind shall be used at any time for a residence, either temporary or
permanent. Temporary buildings or structures used during construction of the improvement of any Lot
shall be removed immediately after completion of construction or upon request of the Architectural
Control Committee, whichever occurs first.
9.9.8 Storage Sheds and Outside Storage. No storage, buildings or sheds, whether
prefabricated metal or any other construction whatsoever, whether permanent or temporary, shall be
moved, placed, assembled, constructed or otherwise maintained on any lot unless approved by the
Architectural Control Committee.
9.9.9 Landscaping. Landscaping of the Lot on which such house is constructed shall
be fully completed within one hundred eighty (180) days of the completion of construction of the house
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on said Lot. The building area shall be kept reasonably clean during the construction period.
Landscaping shall emphasize plantings and other features which shall complement and enhance the
native existing character of Windstone. Each Lot Owner shall ensure that their landscaping is
maintained to provide a neat and attractive appearance.
9.9.10 Yard Art. No yard pieces or yard art, including but not limited to sculptures,
statues, and other freestanding or attached works, whether for decoration or otherwise, more than
twelve inches (12") tall or twelve inches (12") wide shall be permitted outside of the Buildings and
within view from the street without prior written approval of the Architectural Control Committee.
9.9.11 Topography. The topographic conditions of any Lot shall not be altered in any
way that would adversely affect or obstruct the approved and constructed storm drain system and
surface flows without the written consent of the Board.
9.9.12 New Construction. All Buildings shall be of new construction, except that used
brick, siding or similar decorative materials may be used.
9.9.13 Utility Service. No outdoor overhead wire or service drop for the distribution
of electric energy or for telecommunication purposes, nor any pole, tower or other structure supporting
said overhead wires shall be erected, placed or maintained on the Property.
9.10 Conduct of Construction
9.10.1 Contractor. No house may be constructed on any Lot by other than a
contractor licensed as a general contractor under the statutes of the State of Washington without the
prior approval of the Architectural Control Committee.
9.10.2 Completion of Construction. The exterior of any Building constructed or
placed on any Lot hereunder shall be completed, including exterior finish, paint and trim, within nine
(9) months from the start of construction so as to present a finished appearance when viewed from any
point, unless completion is delayed by acts of God or labor stoppages not attributable to the fault of the
Lot Owner. All work shall be prosecuted diligently and continuously from the start of construction
until the house is fully completed and painted. No Lot Owner shall reside on any Lot except in a
residential dwelling constructed or placed thereon that shall have received a certificate of occupancy or
analogous certification from the county in which it is located or any successor governmental entity with
jurisdiction.
9.10.3 Commencement of Construction. Construction shall not commence until a
building permit and any other applicable permits or approvals from the appropriate public agency or
agencies are obtained. All Buildings constructed hereunder shall conform to the applicable building
code(s) then in effect. Construction of any structure or performance of any other act requiring approval
of the Committee must begin within one hundred eighty (180) days after it is approved. If such
construction or performance is not begun within such period, the approval shall lapse and be void. The
applicant must obtain further review and approval by the Committee prior to commencement or
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performance. The Committee may disapprove, condition or require changes in the project upon such
further review.
9.10.4 Delay of Completion—Fine During Development Period. During the
Development Period, if improvements on any Lot are not completed so as to present a finished exterior
appearance within one (1) year after purchase from the Developer, unless completion is delayed by acts
of God or labor stoppages not attributable to the fault of the Lot Owner, such Lot shall be assessed
Three Thousand Dollars ($3,000). Such assessment shall be payable to Developer, who may collect it
pursuant to ARTICLE 8. This assessment is intended to encourage the prompt development of
Windstone, enhance the value of other Lots, compensate the Developer for lost sale opportunities, and
prevent the reduction in value of other Lots within Windstone that will occur if each Lot is not
promptly developed. Developer will not review plans until such assessment is paid, and if an
assessment is outstanding, the failure of the Developer to review plans shall not be deemed approval
thereof.
ARTICLE 10 EXTERIOR MAINTENANCE
10.1 Lot Owners' Obligations
Each Lot Owner shall maintain the exterior of his Lot, including the Building, in good
condition and repair, adequately painted or otherwise finished, and in the same condition as a
reasonably prudent homeowner would maintain his own home so that the Property will reflect a high
pride of ownership. The Committee may determine when such exterior maintenance is required in
order to maintain the well kept, neat appearance of all Lots in Windstone. Such determination shall
include, but not be limited to, the need to:
(a) Paint any Building or fence;
(b) Repair or replace items such as windows, roofs, fences, or alarm systems;
(c) Maintain and keep up trees, lawn areas and landscaping;
(d) Repair and maintain all roof drains and area storm drains; or
(e) Remove recreational vehicles, trailers or camper tops left on the Lot as provided in
ARTICLE 11 hereof.
If any Lot Owner fails to provide the initial landscaping or to maintain his Lot or the Building
or landscaping thereon to the standards set forth above, the Association, after approval by two-thirds
(2/3) vote of the Board, may notify said Lot Owner in writing of the maintenance required. If said
notice is delivered to the non-performing Lot Owner and the noted condition is not remedied after a
period of thirty (30) days, the Association, through its agents and employees, may enter upon said Lot
and provide such maintenance, and levy an assessment against the non-performing Lot Owner and his
Lot for the costs of providing said maintenance. Said assessment shall constitute a lien against the Lot
owned by the non-performing Lot Owner, and may be collected in the same manner as any other annual
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•
or special assessment as hereinafter provided. If said assessment is not paid within thirty (30) days
after it is levied, the Association shall have all the remedies for collection as provided in ARTICLE 8
of this Declaration.
10.2 Trees
Each Lot Owner shall maintain trees located on the Owner's Lot and those trees within the
street right-of-way abutting the Owner's Lot, unless the City of Renton has adopted a maintenance
program.
10.3 Color Approval
The Committee shall approve the color of paint to be used on any Building or fence in the same
manner outlined in Section 9.2.
10.4 Roof Approval
The Committee shall approve the type and the color of roofing materials used in the
replacement or repair of roofs in the same manner outlined in Section 9.2.
ARTICLE 11 PROPERTY USE RESTRICTIONS
11.1 Business and Commercial Use of Property
No trade, craft business, profession, commercial or manufacturing enterprise or business or
commercial activity of any kind which constitutes an annoyance to the neighborhood, the evidence of
which is visible from the exterior of the building on the Lot or which increases traffic beyond usual
residential volumes within the Property, shall be conducted or carried on upon any Lot or within any
building located within the Property. The Board shall have final authority to determine if business
conducted on a Lot is in compliance with this Section.
11.2 Signs
No sign of any kind shall be displayed to the public view on any Lot without the prior written
approval of the Board, except (a) customary name and address signs; (b) "For Sale" or "For Rent"
signs of no more than six (6) square feet in size advertising the Lot for sale or rent, which signs must
be removed promptly after sale or lease of the residence; (c) signs required by legal proceedings (and
then the sign shall be no larger than eighteen(18) inches by twenty-four (24) inches, unless mandated
by statute or court order); (d) temporary signs for political advertising, garage sales, etc. (and then the
sign shall be no larger than four (4) square feet and shall be in place no longer than sixty (60) days); (e)
promotional and sales signs of the Developer and/or its agents; and (f) permanent monuments (entry
signage) and Common Area identification signs.
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11.3 Parking Certain Vehicles
No motor vehicles classed by manufacturer rating as exceeding one ton, recreational vehicle,
mobile home, travel trailer, tent trailer, utility trailer, camper, boat, boat trailer, detached camper,
camper shell or other similar vehicles or equipment may be parked, maintained, constructed,
reconstructed or repaired on any Lot or Common Area within the Property. Notwithstanding the
foregoing, any of the above described vehicles may be stored in a garage or behind the building line
provided said vehicles are screened from other Lots, the street, or Common Areas and said screening
device is in compliance with the rules and restrictions in this Declaration and as determined by the
Committee and the Board. This paragraph shall not apply to cleaning, loading and short term parking
which shall be permitted for a cumulative period not to exceed forty-eight (48) hours in any calendar
month.
11.4 Motor Vehicles
No automobile, motorcycle, motorbike, or other motor vehicle shall be constructed,
reconstructed, repaired or rebuilt upon any Lot or Common Area within the Property, and no
inoperable or unlicensed vehicle may be stored or parked so as to be visible from any neighboring Lot,
Common Area or street; provided, however, that this Section 11.4 shall not apply to (a) emergency
vehicle repairs which require less than twenty-four (24) hours to complete, and (b) vehicles parked in
garages which are not visible from any Lot, Common Area, or the street.
11.5 Nuisances; Hazardous Activities; Lighting
No noxious or offensive activities shall be carried on, in or upon any Lot, nor shall anything be
done therein which may be or become an annoyance or nuisance to other Lot Owners. No odors or
loud noises shall be permitted to arise or emit from any Lot or Common Area so as to render any such
property or portion thereof, or activity thereon, unsanitary, unsightly, offensive or detrimental to any
other property in the vicinity thereof or to the occupants of such property. No other nuisance or unsafe
or hazardous activity shall be permitted to exist or operate upon any Lot so as to be offensive or
detrimental to any other Lot or to its Owner or occupants. No firearms shall be discharged within the
Property and no explosives of any kind shall be discharged or stored upon any of the Lots or permitted
within the Property. No open fires shall be lighted or permitted on the Lots, except in a contained
outdoor fireplace or barbecue unit while attended. Decorative holiday lighting shall be removed no
later than thirty (30) days after the date of the holiday.
11.6 Animals
A Lot Owner may keep dogs, cats and other conventional, indoor household pets subject to
rules and regulations adopted by the Association. No animal may be kept, bred or maintained for any
commercial purpose. No animal shall be kept in number or under conditions reasonably objectionable
in a closely built-up residential community. All animals must be kept solely as domestic pets. Other
animals may be kept on Lots only upon written approval of the Association. The Association shall have
the right to exclude any animal from the Property even though it allows other animals to remain. When
not confined to the Owner's Lot, pets within the Property shall be leashed and accompanied by a person
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responsible for cleaning up any animal waste. No animal shall be allowed to make an unreasonable
amount of noise or become a nuisance, as determined by the Board, at its sole discretion.
11.7 Trash Disposal
Neither trash, debris nor rubbish of any kind shall be dumped, allowed to accumulate or
maintained on any Lot or Common Area. All garbage and other waste shall be kept in appropriate
sanitary containers located in appropriate areas and concealed from view from the street and from
adjoining Lots. Yard waste, such as rocks, lawn and shrubbery clippings, dirt and other material
resulting from landscaping work, shall not be dumped into public streets or ditches or on any of the
Common Areas. The individual Lot Owner shall be solely responsible to remove and dispose of all
such materials. Should any Lot Owner fail to comply with this covenant within ten (10) days following
the date on which notice is mailed to him by the Association informing him of such violation, then the
Association may have said materials removed and charge the expense of removal to said Lot Owner,
which shall be collectible as a special assessment. No outside incinerators are allowed on any Lot.
11.8 Unsightly Conditions
No Lot Owner shall permit any unsightly condition to exist on his Lot. Unsightly conditions
shall include, without limitation, litter, trash,junk or other debris; inappropriate, broken, damaged or
ugly furniture or plants; non-decorative gear, equipment, cans, bottles, ladders, trash barrels and other
such items; and air conditioning units or other projections placed on the exterior walls of any Building.
The Committee, in its sole discretion, may grant a written waiver of this Section, upon written
application by a Lot Owner as provided in this Declaration.
11.9 Antenna
An antenna, satellite dish or other device for the transmission or reception of television or radio
(including ham radio) signals, or any other similar device may be located, used or maintained outdoors
on any lot only if such device is screened from view from other Lots and the street. However, the
Committee shall approve installation of any such device one (1) meter or less in diameter without such
screening if the Lot Owner desiring to install such device demonstrates to the Committee that such
screening would unreasonably delay or prevent installation, maintenance, or use of such device,
unreasonably increase the cost of installation, maintenance or use of such device, or preclude reception
of an acceptable quality signal. The Committee shall review and grant an exception for such device on
a case-by-case basis upon written request by such Lot Owner desiring an exception.
11.10 Storage
No storage under decks or overhangs or anywhere else on any Lot which is visible from any
point outside the Lot shall be permitted.
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•
•
11.11 Machinery and Equipment
No machinery or equipment of any kind shall be placed, operated or maintained upon or
adjacent to any Lot except such machinery or equipment as is usual and customary in connection with
the construction (during residential construction only) of a Building, appurtenant structure or
improvement on a Lot, and machinery and equipment customarily used in the maintenance of
landscaping.
11.12 Oil Drilling, Etc.
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
11.13 Development Activities Exempted
Nothing in this Declaration shall prevent Developer, its successors and assigns, and their
contractors and employees from performing, developing and marketing the Property, including erecting
and maintaining such structures and signs and conducting such business as Developer deems necessary
in order to accomplish such purpose. As used in this Section, "successors and assigns" specifically
shall not include purchasers of Lots improved with completed residences.
11.14 Violations
The Board, Developer, Lot Owner or their authorized representative shall give written notice of
a violation of the restrictions of this Declaration to the Lot Owner or occupant, who shall have ten(10)
days from the date of receipt of said written notice to take whatever actions are necessary to remedy
said violation. If the Lot Owner or occupant fails to comply within said ten(10) day period, the Board,
Developer, Lot Owner or their authorized representative may take whatever actions are necessary to
bring the Lot Owner into compliance with these restrictions, including but not limited levying
reasonable fines after notice and an opportunity to be heard. The Lot Owner in violation shall be
responsible for paying all costs associated with enforcing these restrictions (including attorney fees) and
the Association may collect such amounts as provided in ARTICLE 8. Said Lot Owners hereby grant
to the Association an express easement for the purpose of enforcing these restrictions.
ARTICLE 12 EASEMENTS
12.1 Easements
The following nonexclusive, perpetual, appurtenant easements and those shown on the Map are
hereby reserved for the benefit of and created, granted and conveyed to the Lot Owners, the
Association or other parties as identified below:
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12.1.1 Utility Easements. Utility easements are granted to utility entities as shown on
the Map. The utility entities shall use the easements in such manner as to minimize inconvenience to
the Lot Owners, damage to the roadway and existing structures and interference with other utilities.
Said utility entities shall, at their own expense, repair any damage and restore the Property to as good a
condition as existed prior to the performance of said work by said utility companies. Each Lot Owner
agrees not to place locks on structures enclosing utility meters or to in any manner interfere with utility
representatives' access to said meters at all times
12.1.2 Private Ingress, Egress and Utility Easements.
(a) Lot 8. The Lot Owner of Lot 9 hereby grants, conveys and transfers to
the Lot Owner of Lot 8 a mutual, non-exclusive, perpetual ingress, egress and utility easement over and
across that portion of Lot 9 shown on the Map ("Easement Area") for the purpose of ingress and egress
to and from Lot 8 and for utilities serving Lot 8. The Owner of Lot 8 shall maintain, and if necessary,
repair the pavement and those utilities which serve Lot 8 within the Easement Area. The costs of such
maintenance and repair work shall be paid by the Owner of Lot 8. This easement shall run with the
land and shall bind the heirs, successors and assigns of the Owners of Lots 8 and 9.
(b) Lots 30, 31, 32 and 33. The Lot Owners of Lot 30 and Lot 32 hereby
grant, convey and transfer to the Lot Owners of Lots 30, 31, 32 and 33 a mutual, non-exclusive,
perpetual ingress, egress and utility easement over and across that portion of Lot 30 and Lot 32 shown
on the Map ("Easement Area") for the purpose of ingress and egress to and from Lots 30, 31, 32 and
33, and for utilities serving Lots 30, 31, 32 and 33. The Owners of Lots 30, 31, 32 and 33 shall jointly
maintain, and if necessary, repair the pavement and utilities within the Easement Area. The costs of
such maintenance and repair work shall be paid equally by the Owners of Lot 10, Lot 11 and Lot 12,
respectively. This easement shall run with the land and shall bind the heirs, successors and assigns of
the Owners of Lots 30, 31, 32 and 33.
(c) Lot 35. The Lot Owner of Lot 34 hereby grants, conveys and transfers
to the Lot Owner of Lot 35 a mutual, non-exclusive, perpetual ingress, egress and utility easement over
and across that portion of Lot 34 shown on the Map ("Easement Area") for the purpose of ingress and
egress to and from Lot 35 and for utilities serving Lot 35. The Owners of Lots 34 and 35, shall jointly
maintain, and if necessary, repair the pavement within the Easement Area and those utilities which
serve both Lots 34 and 35. The costs of such maintenance and repair work shall be paid by the Owners
of Lots 34 and 35. This easement shall run with the land and shall bind the heirs, successors and
assigns of the Owners of Lots 34 and 35.
(d) Lots 44, 45, 46, 47, 48 and 49. The Lot Owners of Lots 44, 45, 46,
48 and 49 hereby grant, convey and transfer to the Lot Owners of Lots 44, 45, 46, 47, 48 and 49 a
mutual, non-exclusive, perpetual ingress, egress and utility easement over and across that portion of
Lots 44, 45, 46, 48 and 49 shown on the Map ("Easement Area") for the purpose of ingress and egress
to and from Lots 44, 45, 46, 47, 48 and 49 and for utilities serving Lots 44; 45, 46, 47, 48 and 49.
The Owners of Lots 44, 45, 46, 47, 48 and 49 shall jointly maintain, and if necessary, repair the
pavement and utilities within the Easement Area. The costs of such maintenance and repair work shall
be paid equally by the Owners of Lots 44, 45, 46, 47, 48 and 49, respectively. This easement shall
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run with the land and shall bind the heirs, successors and assigns of the Owners of Lots 44, 45, 46, 47,
48 and 49.
12.1.3 Sanitary Sewer Easement. The Lot Owners of Lots 33 and 34 and Tract D
hereby grant, convey and transfer to the Lot Owners of Lots 31 and 33 a mutual, non-exclusive,
perpetual sanitary sewer easement over, under and across that portion of Lots 33 and 34 and Tract D
shown on the Map ("Easement Area") for the purpose of installing, maintaining, using, repairing and
reconstructing a sanitary sewer to and from Lots 31 and 33. The Owners of Lots 31 and 33 shall
jointly maintain, and if necessary, repair the sewer appurtenances within the Easement Area. The costs
of such maintenance and repair work shall be paid equally by the Owners of Lots 31 and 33,
respectively. This easement shall run with the land and shall bind the heirs, successors and assigns of
the Owners of Lots 31, 33, 34 and Tract D.
12.1.4 Landscape, Fence and Entry Monument Easement. The Lot Owners of Lots 7
and 8 hereby grants, conveys and transfers to the Association a non-exclusive, perpetual easement over
and across that portion of Lots 7 and 8 shown on the Map ("Easement Area") for the purpose of
constructing, using, maintaining, repairing and reconstructing an entry monument or sign and a fence
and for installing, maintaining and replacing landscaping. The Association shall maintain, repair and
restore any improvements and/or landscaping that it constructs or installs within the Easement Area.
The cost of such construction, use, maintenance, repair, reconstruction and/or installation shall be paid
by the Association as a common expense. If the water for irrigation of the landscaping installed by the
Association is not separately metered from the water serving Lots 7 and/or 8, the Association shall
reimburse the Owner(s) of Lots 7 and/or 8 for the reasonable cost of the water so used by the
Association. This easement shall run with the land and shall bind the heirs, successors and assigns of
the Owners of Lots 7 and 8 and the successors and assigns of the Association.
12.2 Maintenance of and Restrictions on Easement Areas
The Association, its employees, agents and contractors, shall have a perpetual, nonexclusive
easement over, under and across the Property with a right of immediate entry and continued access for
the construction, improvement, maintenance and repair of the sanitary sewer system, storm water
drainage system, detention pond, water system, roads, open spaces, common landscaping, natural
growth protected areas, wetlands and all other Common Areas for which the Association is responsible.
No structure, planting or other material shall be placed or permitted to remain under, on or in any
easement which shall interfere with the use of the easement or which may damage or interfere with the
installation and maintenance of the roadway, sewer or utilities, or which may damage, interfere with or
change the direction or flow of drainage facilities within easements for installation and maintenance of
roadway, utilities, sewer and drainage facilities.
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ARTICLE 13 GENERAL PROTECTIVE COVENANTS
13.1 Partition
No part of the Property shall be partitioned, nor shall any Lot Owner or any person acquiring
any interest in the Property or any part thereof seek judicial partition, except in accordance with the
express provisions of this Declaration.
13.2 Subdivision or Combination
No Lot or any part of the Property shall be divided or combined except on approval of seventy
percent (70%) of the Members attending a meeting of the Association duly called for that purpose.
Upon such approval, the Association shall file an amendment to this Declaration as may be necessary to
describe fully such combined or subdivided Lot or Lots or Property with the King County Recorder.
13.3 Leases
Any lease agreement between the Lot Owner and a lessee shall be in writing. Such lease
agreement shall provide that the terms of the lease shall be subject in all respects to the provisions of
this Declaration and the Bylaws, and that any failure by the lessee to comply with such terms shall be a
default under the lease. If a lease agreement fails to so provide, the lessee shall still be subject in all
respects to the provisions of this Declaration and the Bylaws by virtue of their being of record.
13.4 Mortgagee Protection
The following provisions shall apply to and benefit each holder of a mortgage or beneficiary of
a deed of trust given for the purpose of obtaining funds for the construction or purchase of a Building
on any Lot or the improvement of any Lot("Mortgagee" herein), notwithstanding and prevailing over
any other provisions of this Declaration, the Bylaws, or any rules, regulations or management
agreements:
13.4.1 Before Possession. Prior to the time a Mortgagee is entitled to possession of a
Lot, Mortgagee shall not be personally liable for the payment of any assessment or charge, or for the
observance or performance of any covenant, restriction, regulation, rule, Bylaw or management
agreement, except for those matters which are enforceable by injunctive or other equitable relief, not
requiring the payment of money, as hereinafter provided.
13.4.2 During Foreclosure. During the pendency of any proceeding to foreclose said
mortgage or deed of trust, the Mortgagee may exercise any or all of the rights and privileges of the Lot
Owner of the mortgaged Lot, including, but not limited to, the right to vote as a Member of the
Association to the exclusion of the Lot Owner's exercise of such rights and privileges.
13.4.3 During Possession. At such time as said Mortgagee shall become entitled to
possession of the Lot, the Mortgagee shall be subject to all of the terms and conditions of this
Declaration and the Bylaws, including, but not limited to, the obligation to pay for all assessments and
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charges accruing thereafter, in the same manner as the Lot Owner; provided, however, the Mortgagee
shall acquire the title to said Lot free and clear of any lien authorized by or arising out of any
provisions of this Declaration which secures the payment of any assessment for charges accrued prior to
the date said Mortgagee became entitled to possession of the Lot.
13.4.4 Unpaid Assessments. If it is deemed necessary by the Association, any unpaid
assessment against a Building foreclosed against may be treated as a common expense of the other Lots.
Any such unpaid assessments shall continue to exist as a personal obligation of the defaulting Lot
Owner of the respective Lot.
ARTICLE 14 INSURANCE
14.1 Liability and Hazard Insurance
The Association shall obtain insurance policies as the Board deems appropriate and in the best
interest of the Members. All such insurance coverage shall be written in the names of each of the
Members. The Developer shall bear the costs of insurance obtained by the Developer prior to
conveyance of the Common Area.
14.2 Building Insurance
Every Lot Owner, at his own expense, shall insure his own Building against loss or damage by
fire or other casualty in an amount equal to the full replacement value thereof. Every Lot Owner shall
secure liability insurance covering his Lot.
14.3 Common Area Repair and Replacement
If the property covered by the insurance specified in Section 14.1 is damaged or destroyed, the
Association shall (to the extent permitted by any persons or entities to whom the damaged property is
pledged as collateral), upon receipt of the insurance proceeds, contract to rebuild or repair such
property to as good a condition as it was in when the loss occurred. The Association may contract with
any licensed contractor for reconstruction or rebuilding of such property. During the Development
Period, the Developer may elect to rebuild the damaged or destroyed portions of the property to the
extent it receives insurance proceeds to cover said repair or reconstruction.
14.4 Building Repair and Replacement
The Lot Owner of any Building damaged or destroyed by fire or other casualty shall, upon
receipt of the insurance proceeds, contract to repair or rebuild the damaged or destroyed portions of the
Building in a good workmanlike manner in conformance with the original plans and specifications of
said Building. The plans and specifications for said Building may be modified and said Building may
be reconstructed in accordance with said modified plans and specifications if the Lot Owner secured
approval in conformance with Section 9.2. If the Lot Owner refuses or fails to commence such repair
or rebuilding within thirty (30) days after such damage or destruction, the Association is hereby
authorized by such Lot Owner to repair and rebuild any such Building in a good workmanlike manner
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in conformance with the original plans and specifications. The Lot Owner shall then repay the
Association the amount actually expended for such repairs. The Association shall have a lien against
the Lot for such amount and the rights to collect said lien as provided in ARTICLE 8.
ARTICLE 15 ENFORCEMENT
15.1 Rules and Regulations
The Board is hereby authorized and empowered to adopt the rules and regulations governing
the use of the Property and the personalconduct of the Members and their guests thereon, and to
impose fines and other penalties for the infraction of any covenant set forth in this Declaration, the
Bylaws or said rules and regulations. The Board shall notify all Lot Owners in writing within thirty
(30) days of the adoption of said rules and regulations.
15.2 Enforcement
The Board may enforce all restrictions, conditions, covenants, reservations, liens and charges
now or hereafter imposed by the provisions of this Declaration, the Articles, the Bylaws and any rules
and regulations promulgated by the Board by any proceeding at law or in equity. During the
Development Period, the Developer may exercise this enforcement power on behalf of the Association.
The City of Renton may enforce any restrictions, conditions, covenants, reservations, liens or charges
for maintenance of the Common Areas and common facilities.
15.3 Remedies
The remedies provided herein for collection of any assessment, charge or claim against any
Member, for and on behalf of the Association or Developer, are in addition to, and not in limitation of,
any other remedies provided by law.
15.4 Waiver
The failure of the Association, the Developer, any Lot Owner or any of their duly authorized
agents to insist in any one or more instances upon the strict performance of or compliance with this
Declaration, the Bylaws, or rules and regulations of the Association or to exercise any right or option
contained therein, or to serve notice or to institute any action or summary proceedings, shall not be
construed as a waiver or relinquishment of such right for the future, such enforcement right shall
continue and remain in full force and effect. No waiver of any provision of this Declaration, the
Bylaws, or rules or regulations of the Association shall be deemed to have been made, either expressly
or impliedly, unless such waiver shall be in writing and signed pursuant to a resolution of the Board.
The receipt by the Association of payment of any assessment with knowledge of any breach of any
covenant hereof shall not be deemed a waiver of such breach.
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successors and assigns to the same extent as if they had personally executed said amendment. All Lot
Owners hereby acknowledge and agree that the power of attorney herein granted shall be deemed
coupled with an interest and shall be irrevocable.
ARTICLE 17 LIMITATION OF LIABILITY; INDEMNIFICATION
17.1 Limitation of Liability
No person who serves as a member of the Board (including the initial Board) or as an officer of
the Association (including Developer) shall be personally liable to the Association or any Lot Owner or
any other party for conduct as a member of the Board and shall be protected to the fullest extent
permitted by law. If Washington State Law is amended after adoption of this Declaration, then the
liability of each Board Member and officer of the Association shall be limited to the full extent
permitted by the Washington State Law, as so amended. No repeal or modification of this Section 17.1
shall adversely affect any right or protection of a Board Member existing at the time of such repeal or
modification.
17.2 Indemnification
The Association shall indemnify and hold all persons who serve as a member of the Board or
the initial Board or as a Board Member and officer of the Association(including Developer, to the
extent Developer acts in any such capacity), harmless to the full extent permitted by Washington State
Law as it now exists or as it is amended hereafter. This indemnification shall continue as to a person
who has ceased to be a Board Member and/or officer and shall inure to the benefit of that person's
heirs, personal representatives, or assigns. The Association may, upon written request, advance
expenses incurred by the Board Members and/or officers entitled to this indemnification. If a claim for
indemnification or advance of expenses is not paid within sixty (60) days after a written claim has been
received by the Association, the claimant may sue the Association to recover any unpaid amount. If
successful, the claimant shall be entitled to reasonable costs and attorneys' fees.
In addition, the Association shall have the power to indemnify an officer who is not a Board
Member, as well as employees and agents of the Association who are not Board Members (including
the Developer), to the full extent permitted by Washington State Law as it now exists or is amended
hereafter. Whether an officer, agent or employee who is not a Board Member should be indemnified
and the amount of indemnification to be provided shall be determined by general or specific action of
the Board of Directors.
The Association shall have the power to purchase and maintain insurance on behalf of any
person who is or was a Board Member, officer, employee, or agent of the Association against any
liability asserted against him and incurred by him in such capacity or arising out of his status as such,
whether or not the Association would have the power to indemnify him against such liability under the
provisions of Washington State Law.
The Association shall indemnify, defend and hold any Board Member or officer harmless for
any obligation of the Association which the Board Member or officer personally guaranteed, so long as
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4.
a I, •
that Association obligation has been authorized and/or ratified by the Board of Directors as provided for
in the Bylaws.
If any provision of this Section 17.2 is in violation of the Washington State Law in effect at the
time of the request for indemnification, then that provision shall be automatically
modified to provide the broadest indemnification available under the existing Washington State Law.
The rights to indemnification, limitation of liability, and to the advancement of expenses
conferred in Sections 17.1 and 17.2 shall not be exclusive of any other right which any person may
have or hereafter acquire under any statute, the Association's Articles of Incorporation, Bylaws,
agreement, or vote of Members, disinterested Board Members or otherwise.
ARTICLE 18 GENERAL PROVISIONS
18.1 Term
The provisions of this Declaration shall run with and bind the land, and shall inure to the
benefit of and be enforceable by the Lot Owners, their respective legal representatives, heirs,
successors and assigns for a term of thirty (30) years from the date this Declaration is recorded, after
which time said provisions shall be automatically extended for successive periods of five (5) years, •
unless within one hundred eighty (180) days of the end of such period, ninety percent(90%) of the Lot
Owners vote not to extend them.
18.2 Subordination
A breach of any of the provisions contained herein or any reentry by reason of such breach
shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for
value as to said premises or any part thereof; but said provisions shall be binding upon and effective
against any Lot Owner of said premises whose title thereto is acquired by foreclosure, trustee's sale or
otherwise.
18.3 Notice
Any notice required by this Declaration, Bylaws, or the rules and regulations adopted by the
Association shall be deemed properly given if mailed by ordinary mail to the last address furnished to
the Developer or the Association. If no mailing address has been provided, such notice shall be
addressed to the address of the Lot. Such notices shall be deemed received three (3) days after it has
been deposited in the U.S. mail.
18.4 Examination of Records
Any Lot Owner may examine the books and records of the Association on reasonable advance
notice during working hours at the offices of the Association at Lot Owner's own expense. At least
annually, the Board shall prepare, or cause to be prepared, a financial statement of the Association.
The Board may, at its sole discretion, obtain an audit of all books and records pertaining to the
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Association at such intervals as the Board shall determine, and copies shall be furnished to the-Lot
Owners. Such audit obtained by the Board shall be a common expense.
18.5 Severability
Invalidation of any provision of this Declaration by judgment or court order shall in no way
affect any other provisions, which shall remain in full force and effect.
18.6 Gender
This Declaration is to be read and understood with all appropriate changes of a number and
gender as required by the context.
18.7 Headings
The captions in this Declaration are for convenience only and do not in any manner affect,
limit, or amplify the provisions hereof.
[Signature page follows.]
IN WITNESS WHEREOF, Developer has hereunto set its hand and seal the day and year first
above written.
DEVELOPER:
KBS DEVELOPMENT CORPORATION
'1 VW,
olin Ta or, ' :s d: t
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STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
THIS IS TO CERTIFY that on this to day of Sef f,$ER , 2005, before me, a Notary
Public in and for the State of Washington, duly commissioned and sworn, came Kolin Taylor,
personally known or having presented satisfactory evidence to be the President of KBS Development
Corporation, a Washington corporation, the corporation that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the
uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said
instrument.
WITNESS MY HAND and official seal the day and ear in this certificate first above written.
3 ,-4//74 ;2
"��„!!!' Print Name: e 67- C. ScIw,S r-
###���' Notary Public in and for the
%w•%Nh%%%%%% / State of Washington, residing at
444.4,
.' Q'rAti.‘03
iz Expiration Date: ' -30-09
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EXHIBIT A
LEGAL DESCRIPTION
Parcel A,
Lot X of King County Boundary line Adjustment No.
LOOLO089, recorded under Recording No. 20020702900007,
in King County, Washington.
Parcel &
The North 165 feet of the South 330 feet of the Northeast
quarter of the Southeast quarter of Section 3, Township 23
North. Range 5 East, Willamette Meridian. in King County.
Washington:
EXCEPT county roads:
TOGETHER WITH that portion of Lot 2. King County Short
Plat No. 485017. recorded under Recording No . 8703039001.
described as follows:
Commencing at the Northwest corner of said Lot 2:
thence South B7 °49' 15" East along the North line of said Lot,
a distance of 97.38 feet to the True Point of Beginning:
thence South 2'10'45" west a distance of 158. 13 feet to the
South line of said Lot 2 and a point on a curve concave
Northwesterly, the radial center of which bears North 19 `44'42"
West;
thence Northwesterly along the South line of said Lot 2 and the
arc of said curve having a radius of 95.00 feet, through a central
angle of 31 '36'59', a distance of 52.48 feet to a point of reverse
curvature of a curve concave Southeasterly, the radial center of
which bears South 51 '23'41" East;
thence continuing Northeasterly along said South line of said
Lot 2 and the arc of said curve having a radius of 65.00 feet.
through a central angle of 53 '34'26". a distance of 50. 78 feet:
thence continuing along the South line of said Lot 2. South
87 '49' i5" East a distance of 223.23 feet to the Southeast corner
of said Lot:
thence North 1 '24' 12' East along the East line of said Lot 2 a
distance of 100. 02 feet to the Northeast corner of said Lot:
thence North 87 °49' 15" West along the North line of said Lot a
distance of 315. 14 feet to the True Point of Beginning.
(also known as Lot Y of King County Boundary line Adjustment No.
LOOL0089. recorded under Recording No. 20020702900007.)
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Parcel C:
Lot 9., King County Short Plat No. 496017, recorded under
Recording No. 870303g00i, and amended by affidavit of
correction recorded under Recording No. 6706260950, in
King County, Washington, being a portion of the South half
of the South half of the South half of the Northeast quarter
of the Southeast quarter of Section 3. Township 23 North.
Range 5 East. Willamette Meridian. in King County.
Washington:
TOGETHER WITH the following described property in
accordance with decree quieting title in King County Superior
Court Cause No . B6-2-22i18-2 entered on March 23. 1987:
the South 330 feet of the Northeast quarter of the Southeast
quarter of Section 3. Township 23 North, Range 5 East.
Willamette Meridian, in King County. Washington:
EXCEPT the West 840.50 feet thereof: and
EXCEPT the North i65 feet thereof: and
EXCEPT that portion of lying within the South half of the
South half of the South half of said subdivision: and
EXCEPT county roads .
Parcel Ix
Beginning at the Southeast corner of the Northeast quarter
of the Southeast quarter of Section 3, Township 23 North,
Range 5 East, Willamette Meridian, in King County,
Washington;
thence North 65 feet along the East line of said Section 3;
thence West 670.2 feet;
thence South 65 feet to the South line of said Northeast
quarter of the Southeast quarter of said Section 3:
thence East along said South line, 670.2 feet to the Point
of Beginning:
EXCEPT roads.
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