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CITY OF RENTON 11111111111111111111
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RENTON, WA 98055-2189 CITY OF RENTON COV
PAGE001 OF 019 59.00
12/31/2007 14:00
KING COUNTY, WA
Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet(RCW 65.04)
Document Title(s)
I. Declarations, Covenants, Conditions, and Restrictions for Zetterberg Plat
Reference Number(s) of Documents assigned or released:
❑ Additional reference numbers are on page
Grantor(s) (Last name first,then first name and initials)
1. Michael J. Feuerborn,President of MJF Holdings
2.
❑ Additional names on page of document.
Grantee(s) (Last name first,then first name and initials)
1. CITY OF RENTON
❑ Additional names on page of document.
Legal description(abbreviated: i.e.lot,block,plat or section,township,range)
Portion of the SE 'A, SE 'A Sec. 19, Twn 23 N, Rge 5 E, W.M.
Replat of a portion of Lots 12 & 13,Plat No. 2 of Renton Co-Operative Coal Company's Acre
Tracts, Vol. 9/27 City of Renton,King County
❑ Additional legal on page_of document.
Assessor's Property Tax Parcel/Account Number:
0 Assessor Tax#not yet assigned Prop.Mgmt Initials
I 1
DECLARATION OF
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COVENANTS, CONDITIONS AND RESTRICTIONS
FOR ZETTERBERG
THIS DECLARATION is made on the date hereinafter set forth by M.J.F.
HOLDINGS, INC., a Washington corporation ("Declarant"), the owner of certain land
situated in the State of Washington, City of Renton, King County, commonly known as
ZETTERBERG, which is more particularly described as follows:
Lots 1 through 9 and Tracts of the plat of ZETTERBERG, as per
plat recorded in Volume 1145 of Plats, Pages 07 Et through o7f Records of
King County, Washington.
In order to ensure preservation of the gracious residential environment at
ZETTERBERG, Declarant agrees and covenants that all land and improvements now
existing or hereafter constructed thereon will be held, sold, conveyed subject to, and
burdened by the following covenants, conditions, restrictions, reservations, limitations,
liens and easement, all of which are for the purpose of enhancing and protecting the
value, desirability and attractiveness of such lands for the benefit of all such lands and
the owners thereof and their heirs, successors, grantees and assigns. All provisions of
this Declaration shall be binding upon all parties having or acquiring any right, title or
interest in such lands or any portion thereof and shall inure to the benefit of each owner
thereof and to the benefit of the ZETTERBERG Homeowners Association and shall
otherwise in all respects be regarded as covenants running with the land.
ARTICLE I
DEFINITIONS
For purposes of the Declaration and the Articles of Incorporation and the Bylaws
of the ZETTERBERG Homeowners' Association, certain words and phrases shall have
particular meanings as follows:
Section 1. "Association" shall mean and refer to the ZETTERBERG
Homeowners' Association, its successors and assigns.
Section2. "Board" shall mean and refer to the Board of Directors of the
Association, as provided for in Article VIII. For the purposes of exercising the powers
and duties assigned in this Declaration to the Board, this term shall also mean the
"Temporary Board" or "Declarant" as provided in Article III unless the language or
context indicates otherwise.
Section 3. "Properties" shall mean and refer to the real property described with
particularity in Exhibit A.
Section 4. "Lot" shall mean and refer to any plot of land shown upon any
recorded subdivision map of the Properties. This term shall not include tracts designated
on the face of the Plat.
Section 5. "Declarant" shall mean and refer to MJF Holdings, Inc., its successors
and assigns. Successors and assigns shall not include other developers who acquire
one or more undeveloped lot from the Declarant for the purpose of development.
Section 6. "Architectural Control Committee" shall mean and refer to the duly
appointed or elected committee of the Board of Directors as outlined in Article XII of this
Declaration, hereinafter referred to as the "Committee".
Section 7. "Development Period" shall mean and refer to that period of time
defined in Article III of this declaration.
Section 8. "Plat" shall mean and refer to the plat of ZETTERBERG as recorded in
Volume 233 of Plats, Pages 56 through 59 inclusive Records of King County, State of
Washington.
Section 9. "Residence" shall mean and refer to any buildings occupying any lot.
Section 10. "Owner" shall mean and refer to the record owner, whether one or
more persons or entities, of a fee interest in any Lot, including the Declarant, but
excluding mortgagees or other persons or entities only holding security interest in
properties within the Plat. Purchasers or assignees under recorded real estate contracts
shall be deemed Owners as against their respective sellers or assignors.
Section 11. "Building setbacks" are areas designated on the face of the plat
adjacent to sensitive areas, such as property lines or utilities.
ARTICLE II
PRE-EXISTING RESTRICTIONS
The Properties shall continue to be subject to previous covenants, conditions,
encumbrances and restrictions, to the extent that such restrictions are valid.
ARTICLE III
DEVELOPMENT PERIOD; MANAGEMENT RIGHTS OF
DECLARANT DURING DEVELOPMENT
Section 1. Management by Declarant. "Development period" shall mean
that period of time from the date of recording this Declaration until (1) a date five years
from the date of recording this Declaration or (2) the thirtieth day after Declarant has
transferred title to the purchasers of the Lots representing 99 percent of the total voting
power of all Lot owners as then constituted or (3) the date on which Declarant elects to
permanently relinquish all of Declarant's authority under this Article by written notice to
all Owners, whichever date first occurs. During the Development Period, the Declarant
shall appoint the Board of Directors of the Association.
Section 2. Notices to Owners. Before the termination of the Development
Period, the Declarant will give written notice of the termination of the Development
Period to the Owner of each Lot. Said notice shall specify the date when the
Development Period will terminate and shall further notify the Owners of the date, place
and time when a meeting of the Association will be held. The notice shall specify that the
purpose of the Association meeting is to elect new Officers and Directors of the
Association, notwithstanding any provision of the Articles or Bylaws of the Association to
the contrary, for the purpose of this meeting, the presence, either in person or by proxy,
of the Owners of the number of lots as specified in the by-laws shall constitute a quorum.
The Board of Directors and officers of the Association may be elected by a majority vote
of said quorum. If a quorum is not present, the Development Period shall nevertheless
terminate on that date specified in said notice and it shall thereafter be the responsibility
of the Lot Owners to provide for the operation of the Association.
Section 3. Temporary Board. Declarant may in its sole discretion, and at
such times as the Declarant deems appropriate, appoint a minimum of three persons
who may be Owners, or representatives of corporate entities or other entities which are
Owners, as a Temporary Board. During the Development Period, members of the Board
of Directors need not be Owners. The Temporary Board shall have full authority and all
rights, responsibilities, privileges and duties to manage the properties under this
Declaration and shall be subject to all provisions of this Declaration, the Articles and the
Bylaws.
Section 4. Appointment of Manager. Declarant may appoint a managing
agent, which shall have the power and authority to exercise all powers necessary to
carry out the provisions of this Declaration, including but not limited to contracting for
required services, obtaining property and liability insurance, and collecting and
expending all assessments and Association funds. Any such managing agent or the
Declarant shall have the exclusive right to contract for all goods and services, payment
for which is to be made from any monies collected from assessments.
Section 5. Acceptance of Management Authority. The purpose of this
management arrangement is to ensure that the properties will be adequately managed
during the initial stages of development. Acceptance of an interest in a lot evidences
acceptance of this management agreement.
ARTICLE IV
EASEMENTS, OPEN SPACES AND PRIVATE TRACTS
Section 1. Drainage Easement Restrictions. Various drainage easements are
indicated on the face of the Plat. Structures, fills, and obstructions, including, but not
limited to decks, patios and buildings, overhangs, and trees shall not be permitted within
drainage easements. The easements give the easement holder the right to enter upon
said easements, and the area immediately adjacent to said easements, in order to
effectuate the purposes of the easement, or to construct a hard surface road upon the
easements.
Section 2. Utility Easements. Various utility easements are designated on the
face of the Plat for the purpose of providing Lots within the Plat with electric, telephone,
gas, cable television service and water. These easements give the easement-holders
the right to enter upon these Lots at all times to effectuate the purposes of the
easements. No utility lines shall be placed on any Lot unless underground or in a conduit
attached to a building. Structures may only be placed on easements with the permission
of the Architectural Control Committee and the entity to which the easement was
granted. No planting material, fill, or other substances may be placed on the utility
easement, which will interfere with such utility service.
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Section 3. Storm Drainage, access roads, street lighting and common improvements
The Association shall always have the responsibility to maintain the plat drainage
facilities, street lighting and common improvements unless these improvements either
have been or are subsequently deeded or sold to a government agency for ownership
and maintenance responsibility. (Also, see Section 5 of this Article IV.)
Section 4. Structures Prohibited in Rights-of —Way. No structures may be
placed in rights-of-way within the Plat.
Section 5. Tracts public and /or private. Tracts A is a private drainage tract and lots
1 through 9 inclusive shall have an equal and undivided interest in Tract A and shall be
responsible for the maintenance thereof.
Section 6. Consequences of (1) Homeowners Association Dissolution or (2)
Failure to pay common utilities. In the event that the ZETTERBERG Homeowners
Association is dissolved or otherwise fails to meet its common utility payment obligations
with for a period of twelve(12) months, then, in such event, (1) each of the Lots in this
plat shall be deemed to have automatically assumed an equal and undivided ownership
interest in the utilities (as the case may be) and (2) the owners of the Lots shall be
deemed to have automatically assumed a joint obligation to perform all of the
maintenance responsibilities previously borne by the ZETTERBERG Homeowners
Association including all of the financial responsibilities attendant thereto.
ARTICLE V
ASSESSMENTS
Section 1. Creation of Lien and Personal Obligation. Each Owner of any Lot by
acceptance of a deed therefore, whether or not it shall be expressed in such deed, is
deemed to covenant and agree to pay the Association (1) annual assessments or
charges and (2) special assessments. Annual and special assessments shall be
established and collected in accord with the following provisions. The annual and special
assessments, together with interest, costs and reasonable attorneys' fees, shall be a
charge on the land and shall be a continuing lien upon the property against which such
assessment is made. Each assessment, together with the interest, costs and reasonable
attorneys' fees incurred to collect such assessments, shall be the personal obligation of
the individual who is the Owner of the Lot at the time that the assessment fell due.
Section 2. Purpose of Assessments. The assessments imposed by the
Association shall be used (1) to promote the recreation, health, safety and welfare of the
residents of the properties, (2) for the cost of maintaining the Recreational area(s) or
other tracts dedicated to the Association within the Plat, (3) for legal fees or damages
incurred in any action in which the Association or a member of the Board of Architectural
Control Committee, acting in behalf of the Homeowners' Association is named as a
party, (4) for legal fees incurred by the Homeowners Association, (5) to pay common
utility expenses (6) for any other reasonable expenses incurred by the Homeowners'
Association.
Section 3. Annual Assessment. The initial annual assessment shall be $ 200.00
per Lot payable in one annual payment; ten percent of the assessment shall be allocated
and paid to the Declarant for Plat management services provided by the Declarant to the
Association or by a Professional management firm. Such allocated funds to the
Declarant shall cease when the Development Period expires and the Association
assumes collection costs, bookkeeping and other management responsibilities, which
are described with particularity in the Bylaws of the Association.
The annual assessment may be increased during the Development Period to
reflect increased (1) maintenance costs, (2) repair costs, (3) Association and plat
management costs, (4) legal costs. All increases in the annual assessment during the
Development Period must directly reflect increases in the above-recited costs. During
the Development Period, it shall not be necessary to amend this Declaration to raise the
annual assessments. During the Development Period, the Declarant shall give members
of the Association notice of any increases in the annual assessment thirty days before
the date that the assessment becomes effective.
(a) After the Development Period expires, any increase in the annual
assessment, which exceeds 10 percent, requires the vote of the members of the
Association.
(b) After the Development Period expires, any increase in the annual
assessment, which exceeds 10%, requires the approval of 51% of the members of the
Association.
(c) After the Development Period expires, the Board of Directors shall fix the
annual assessment in accord with the above-recited standards.
Section 4. Special Assessments for Capital Improvements. In addition to the
annual assessments authorized above, the Association may levy, in any assessment
year, a special assessment, applicable to that year only, for the purpose of defraying, in
whole or in part, the cost of any construction, reconstruction, repair or replacement of a
capital improvement to the Recreational area(s) within the Plat including fixtures and
personal property related thereto, provided that any such assessment shall have the
assent of 51 percent of the members of the Association who are voting in person or by
proxy at a meeting held duly called for this purpose. Any capital improvements, which
exceed $15,000, must be approved by 51 percent of the Owners.
Section 5. Special Assessments for Legal Fees and Damages. In addition to
the special assessment authorized in Section 4, the Declarant or the Association may
levy in any assessment year a special assessment for the purpose of defraying, in whole
or in part, (1) legal fees and costs incurred in any action in which the Association is a
party, (2) legal fees and costs incurred in any action in which a member of either the
Board or the Architectural Control Committee is named as a party as a result of a
decision made or action performed while acting in behalf of the Homeowners'
Association, or (3) any other reasonable expenses incurred by the Homeowners'
Association. This assessment shall require the consent of 51 percent of the Association
who are voting in person or by proxy at a meeting duly called for this purpose.
Section 6. Notice and Quorum for Any Action Authorized Under Section 4
and 5. Written notice of any meeting called for the purpose of taking any action
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authorized under Sections 4 and 5 of this Article shall be sent to all members not less
than 30 days and nor more than 60 days in advance of the meeting. At the first meeting
called, the presence of 51 percent of the members of the Association or of proxies
entitled to cast 51 percent of the votes of the Association shall constitute a quorum. If the
required quorum is not present, another meeting may be called subject to the same
notice requirement; the required quorum at the subsequent meeting shall be one-half of
the required quorum at the preceding meeting.
Section 7. Uniform Rate of Assessment. Both annual and special
assessments must be fixed at a uniform rate for all Lots.
Section 8. Date of Commencement of Annual Assessment, Due Dates. The
annual assessments described in this Article shall commence on January 1, 2006. The
first annual assessment shall be adjusted according to the number of months remaining
in the calendar year. Written notice of the Quarterly assessment shall be sent to every
Owner subject to such assessments. The Board of Directors shall establish the due
date. The Association shall, upon demand and for reasonable charge, furnish a
certificate signed by an officer of the Association setting forth whether the assessment
on a specific Lot has been paid. A properly executed certificate of the Association as to
the status of assessments on a Lot is binding upon the Association as of the date of its
issuance.
Section 9.Effect of Non-Payment of Assessments: Remedies of the Association.
Any assessment not paid within 30 days after the due date shall bear interest at the rate
of 12 percent per annum. Each owner hereby expressly vests in the Association or its
agents the right and power to bring all actions against such Owners personally for the
collection of such assessments as debts and to enforce lien rights of the Association by
all methods available for the enforcement of such liens, including foreclosure by an
action brought in the name of the Association in like manner as a mortgage of real
property. Such Owner hereby expressly grants the Association the power of sale in
connection with such liens. The liens provided for in this section shall be in favor of the
Association and shall be for the benefit of the Association. The Association shall have
the power to bid in an interest at foreclosure sale and to acquire, hold, lease, mortgage
and convey the same. The Owner is responsible for payment of all attorneys' fees
incurred in collecting past due assessments or enforcing the terms of assessment liens.
No Owner may waive or otherwise escape liability for the assessments provided herein
by non-use of the Recreational area(s) or abandonment of his Lot.
The Association shall have the right to suspend the voting rights of an Owner for
any period during which any assessment against the Lot remains unpaid and for a
period not to exceed 60 days for any infraction of the of the terms of either this
Declaration, the Articles or the Bylaws of the Association.
Section 10. Subordination of the Lien to Mortgage. The lien for assessments,
provided for in this Article, shall be subordinate to the lien of any first mortgage. Sale or
transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of
any Lot pursuant to a mortgage foreclosure, or any proceeding in lieu thereof, shall
extinguish the lien created pursuant to this Article as to payments, which become due
prior to such sale or transfer. No sale or transfer, however, shall relieve such Lot from
liability for any assessments thereafter becoming due or from the lien thereof.
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Section 11. Exempt Property. All property dedicated to and accepted by local
public authority shall be exempt from assessments provided by this Article.
ARTICLE VI
MAINTENANCE OF LOTS
Section 1. Exterior Maintenance by Owner. Owners shall maintain each Lot
and Residence in a neat, clean and attractive condition at all times.
(a). Street Trees. The street trees planted within and / or abutting
individual Lots shall be owned and maintained by the Owners of said Lots and the trees
planted within and / or abutting the private and public tracts within the Plat shall be
owned and maintained by the ZETTERBERG Homeowners Association.
(b). Refuse. All Lots shall be kept free of debris. All refuse shall be
kept in sanitary containers screened from view of any Lot in the Plat; the containers shall
be regularly, emptied and the contents disposed of off the Properties. No grass cuttings,
leaves, limbs, branches, and other debris from vegetation shall be dumped or allowed to
accumulate on any part of the Properties, except that a regularly tended compost heap
shall be permitted if the compost heap is concealed from view of any of the properties.
(c). Storage of goods and Vehicles.
1.) Owners may not store goods or equipment in open view of any Lot, or portion of
the Community, or allow others to do so. No house trailer, camping trailer, boat
trailer, hauling trailer, boat or accessories thereto, truck or commercial vehicle
(larger than one ton), self contained motorized recreational vehicle, or other type
of recreational vehicle or equipment, may be parked or stored in ZETTERBERG
unless such parking or storage is within the garage area of any Lot or is suitable
screened from view in accordance with the requirements of the Architectural
Control Committee, except that any such vehicle may be otherwise parked as a
temporary expedient for loading, delivery, or emergency, but not over night. This
restriction, however, shall not restrict trucks or other commercial vehicles, which
are necessary for the construction or for the maintenance of any portion of
ZETTERBERG or any improvements located thereon. No overnight "on street"
shall be permitted on any roadway or street in ZETTERBERG where such
parking is prohibited by King County, The City of PACIFIC or where the Board
has prohibited such parking. No overnight "on street" parking of any personal
passenger vehicles shall be allowed on any road, shoulder, sidewalk, within any
private road right of ways, cul-de-sac, turnaround or their prospective right of
ways at ZETTERBERG. Personal passenger vehicles are defined as but not
limited to autos, vans, trucks, motorcycles and all similar vehicles used primarily
and regularly for transportation by the occupants of the lot or their guests.
2.) Except as herein provided, no abandoned or inoperable automobiles or vehicles
of any kind shall be stored or parked in ZETTERBERG. An "abandoned or
inoperable vehicle" shall be defined as any automobile, truck, motorcycle, or
other similar vehicle, which has not been driven under its own propulsion for a
period of (48) hours or longer, or does not have an operable propulsion system
installed therein, or which is not currently licensed and registered.
•
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3.) In the event the Association shall determine that a vehicle is parked or stored in
violation of subsections (1) or (2) of this section, then a written notice describing
said vehicle shall be personally delivered to the owner thereof (if such owner can
be reasonably ascertained) or shall be conspicuously placed upon the vehicle (if
the owner thereof cannot be reasonably ascertained), and if the vehicle is not
removed within twenty-four (24) hours thereafter, the Association shall have the
right to remove the vehicle at the sole expense of the owner thereof.
4.) No activity such as, but not limited to, maintenance, repair, rebuilding,
dismantling, repainting or servicing of any vehicles, trailers or boats, may be
performed or conducted in ZETTERBERG unless it is done within completely
enclosed structure(s) which screen the sight and sound of the activity from the
street and from adjoining property. The forgoing restriction shall not be deemed
to prevent, on a lot, washing and polishing of any motor vehicle, boat, trailer,
motor driven cycle, or other vehicle, together with those activities normally
incident and necessary to such washing and polishing.
(d). Temporary Parking by Owners. This section does not prevent Owners
from parking passenger automobiles and trucks on driveways when the Owners are out
of town.
Section 2. Easement for Enforcement Purposes. Owners hereby
irrevocably grant to the Association permission for purposes of going upon the Lots of
Owners for the purpose of removing vehicles or other similar objects, which are parked
or stored in violation of the terms of this Declaration.
Section 3. Lot Maintenance by the Association. In the event that an owner
shall fail to maintain the exterior of his premises and the improvements situated thereon
in a manner consistent with maintenance standards of the ZETTERBERG community,
the Board shall, upon receipt of written complaint of any Owner, and subsequent
investigation which verifies that complaint, have the right through its agents and
employees to enter upon the offending Owner's Lot and repair, maintain and restore the
Lot and the exterior of the improvements on that Lot if the owner shall fail to respond in a
manner satisfactory to the Board within 45 days after mailing of adequate notice by
certified mail to the last known address of the Owner. The cost of such repair,
maintenance or restoration shall be assessed against the Lot, and the Board shall have
the right to cause to be recorded a notice of lien for labor and materials furnished, which
lien may be enforced in the manner provided by law. In the event that the estimated cost
of such repair should exceed one-half of one percent of the assessed value of the Lot
and improvements on that Lot, the Board shall be required to have the assent of 51
percent of the members before undertaking such repairs.
Section 4. Construction Exemption. This Article does not apply to the
construction activities, storage of construction materials, construction debris, or the use
and parking of construction vehicles by the Declarant or its contractors during the
Development period.
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ARTICLE VII
HOMEOWNERS ASSOCIATION
Section 1. Nonprofit Organization. The Association is a nonprofit corporation
under the laws of the State of Washington.
Section 2. Membership. Every Owner of any Lot shall become a member of the
Association. Membership shall be appurtenant to the Lot and may not be separated from
ownership of any Lot shall not be assigned or conveyed in any way except upon the
transfer of title to said Lot and then only to the transferee of title to the Lot. All Owners
shall have the rights and duties specified in this Declaration, the Article and the Bylaws
of the Association.
Section 3. Voting rights. Owners, including the Declarant, shall be entitled to one
vote for each Lot owned. When more than one person or entity owns an interest in any
Lot, the vote for that Lot shall be exercised as the Owners decide to exercise that vote,
but in no event shall more than one vote be cast with respect to any Lot nor shall any
vote be divided. The voting rights of any Owner may be suspended as provided for in
this Declaration, the Article and the Bylaws of the Association.
Section 4. Meetings. Meetings shall be conducted in accordance with the Bylaws
of the ZETTERBERG Homeowners' Association and RCW 64.38.
ARTICLE VIII
MANAGEMENT BY BOARD
Section 1. Expiration of the Development Period. Upon expiration of the
Declarant's management authority under Article III, all administrative power and
authority shall vest in a Board of no less than three directors who must be owners. The
Association, by amendment of the Covenants, may increase the number of directors. All
Board positions shall be open for election at the first annual meeting after termination of
the Development Period. At the first meeting of the permanent Board of Directors, the
new Board shall adopt Bylaws. The Board will make copies of the Bylaws available to
Lot Owners upon request.
Section 2. Terms. The terms of the Board are defined in the Bylaws.
Section 3. Powers of the Board. All powers of the Board must be exercised in
accord with the Bylaws. The Board, for the benefit of all the Properties and the Lot
Owners, shall enforce the provisions of this Declaration and the Bylaws. In addition to
the duties and the powers imposed by the Bylaws and any resolution of the Association
that may be hereafter adopted, the Board shall have the power and be responsible for
the following, in way of explanation but not limited to:
(a) Insurance. Obtain policies of general liability insurance.
(b) Legal and Accounting Services. Obtain legal and accounting services
if necessary for the administration of the Association affairs, administration of the
Recreational area(s) within the Plat, or enforcement of this Declaration.
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(c) Maintenance of Lots. If necessary, maintain any Lot if such
maintenance is reasonably necessary in the judgment of the Board to preserve the
appearance and value of the Properties or Lot. The Board may authorize such
maintenance activities if the Owner or Owners of the Lot have failed or refuse to perform
maintenance within a reasonable time after written notice of the necessity of such
maintenance has been delivered by the Board to the Owner or Owners of such Lot,
provided that the Board shall levy a special assessment against the Owner or Owners of
such Lot for the cost of such maintenance.
(d) Discharge of Liens. The Board may also pay any amount necessary to
discharge any lien or encumbrance levied against the entire Properties or any part
thereof, which is claimed or may, in the opinion of the Board, constitute a lien against the
Properties or against the Recreational area(s) within the Plat rather than merely against
the interest therein of particular Owners. Where one or more Owners are responsible for
the existence of such liens, they shall be jointly and severally liable for the cost of
discharging it and any costs or expenses, including reasonable attorney's fees and the
costs of title search incurred by the Board by reason of such lien or liens. Such fees and
costs shall be assessed against the Owner or Owners and the Lot responsible to the
extent of their responsibility.
(e) Security. Pay all costs deemed appropriate by the Board to ensure
adequate security for the Lots constituting the residential community created on the
Properties.
(f) Right to Contract. Have the exclusive right to contract for all goods and
services, maintenance, and capital improvements provided, however, that such right of
contract shall be subject to Association approval.
(g) Right of Entry. Enter any Lot when reasonably necessary, in the event
of emergencies or in connection with any maintenance, landscaping or construction for
which the Board is responsible. Except in cases of emergencies, the Board, its agents or
employees shall attempt to give notice to the Owner or occupant of any Lot 24 hours
prior to such entry. Such entry must be made with as little inconvenience to the Owner
as practicable, and any damage caused thereby shall be repaired by the Board if the
entry was due to an emergency (unless the emergency was caused by the Owner of the
Lot entered, in which case the cost shall be specially assessed to the Lot) If the repairs
or maintenance activity were necessitated by the Owner of the Lot entered, in which
case the cost shall be specially assessed to that Lot. If another Owner of another Lot
caused the emergency or the need for maintenance or repair, the cost thereof shall be
specially assessed against the Owner of the other Lot.
(h) Promulgation of Rules. Adopt and publish rules and regulations
governing the members and their guests and establish penalties for any infraction
thereof.
(i) Declaration of Vacancies. Declare the office of a member of the Board
to be vacant in the event that a member of the Board is absent from three consecutive
regular meetings of the Board.
(j) Employment of Manager. Employ a manager, an independent
contractor, or such other employees, as the Board deems necessary and describe the
duties of such employees.
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(k) Payment for Goods and Services. Pay for all goods and services
required for the proper functioning of the Recreational area(s) within the Plat and the
Association.
(I) Impose Assessments. Impose annual and special assessments.
(m) Bank Account. Open a bank account on behalf of the Association and
designate the signatories required.
(n) Legal Actions. Commence legal actions for the enforcement of these
covenants or any other legal action that the Board of Directors deems necessary for the
protection of the Plat. The board also has the authority to defend against legal actions
initiated against the Association.
(o) Exercise of Powers. Duties and Authority. Exercise for the Association
all powers, duties and authority vested in or delegated to the Association and not
reserved to the membership by other provisions of the Bylaws, Articles of Incorporation,
or this Declaration. The Board shall have all powers and authority permitted to it under
this Declaration and the Bylaws. However, nothing herein contained shall be construed
to give the Board authority to conduct a business for profit on behalf of all the Owners or
any of them.
ARTICLE IX
LAND USE RESTRICTIONS
Section 1. Residential Restrictions. All lots within the Properties shall be used
solely for private single-family residential purposes. Each residence must have a private
enclosed car shelter for not less than two cars. No single-family structure shall be altered
to provide residence for more than one family. No Lot in ZETTERBERG shall be further
divided.
Section 2. Property Use Restrictions. No Lot shall be used in a fashion that
unreasonably interferes with the other Owners' right to use and enjoy their respective
Lots. The Board, the Committee designated by it, or the Declarant during the
Development Period, shall determine whether any given use of a Lot unreasonably
interferes with those rights; such determinations shall be conclusive.
Section 3. Prohibition Of Nuisances and Untidy Conditions. No noxious or
offensive activity or condition shall be conducted on any Lot nor in any common areas or
Recreational area(s), nor shall anything be done or maintained on the Properties which
may be or become an activity or condition which unreasonably interferes with the right of
other Owners to use and enjoy any part of the Properties. No untidy or unsightly
condition shall be maintained on any property. Untidy conditions shall include, but are
not limited to, publicly visible storage of wood, boats, trailers recreational vehicles and
disabled vehicles of any kind.
Section 4. Fences, Walls & Shrubs. Fences, wall or shrubs are permitted to
delineate the lot lines of each Lot, subject to (1) The approval of the Architectural Control
Committee and (2) determination whether such fences, walls or shrubs would interfere
with utility easements reflected on the face of the Plat and other easements elsewhere
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recorded. No barbed wire or corrugated fiberglass fences shall be erected on any Lot. All
fences, including chain link fences, open and solid, are to meet the standards set by the
Committee and must be approved by the Committee prior to construction or installation.
No fences shall be constructed in the front yard or front yard setbacks. Fences or rails
shall be erected and maintained at the top of any area where they create a vertical or
nearly vertical retaining wall or slope over three feet (3').
Section 5. Temporary Structures. No structure of a temporary character or trailer,
recreational vehicle, basement, tent, shack, garage, barn, or other outbuildings shall be
used on any Lot at any time as a residence, either temporarily or permanently. No
vehicles parked in public right-of-way may be used temporarily or permanently for
residential purposes except as provided in Article VI.
Section 6. Mining. No oil drilling, oil development operations, oil refining,
quarrying, or mining operation of any kind shall be permitted on or in any Lot, nor shall
oil wells, tanks, tunnels, mineral excavation or shafts be permitted on or in any Lot. No
derricks or other structure designed for use in boring for oil or natural gas shall be
erected, maintained or permitted upon any Lot. Oil storage for residential heating
purposes is permissible if the storage tank is buried.
Section 7. Signs. No signs, billboards, or other advertising structure or device
shall be displayed to the public view on any Lot except one sign not to exceed five
square feet in area may be placed on a Lot to offer the property for sale or rent. A builder
to advertise the property during the construction and sale period also may use signs.
Political yard signs of a temporary nature will be allowed on Lots during campaign
periods. Within five days of the occurrence of the election, such signs must be removed
from Lots. The Board may cause any sign placed on Properties in violation of this
provision to be removed and destroyed.
Section 8. Animals. No animals other than dogs, cats, caged birds, tanked fish,
and other conventional small household pets may be kept on Lots. Dogs shall not be
allowed to run at large. The Owner or other person accompanying the animal shall
remove animal waste deposited on lawns, sidewalks, trails, Recreational area(s) and
rights-of-way. All animal pens and enclosures must be approved by the Committee prior
to construction and shall be kept clean and odor free at all times. If the investigation of
the Board indicates that animals are kept in violation of this section, the Board will give
the Owner 10 days' written notice of the violation. The Owner must remedy such
violations within 10 days. Failure to comply with the written notice will result in a fine of
$25 per day. The Association shall be entitled to attorneys' fees for any action taken to
collect such fines in accord with the provisions of Article XIII, Section 4.
ARTICLE X
BUILDING RESTRICTIONS
Section 1. Building Materials. Homeowners who do not have MJF Holdings, Inc.
or the contractor MJF Holdings, Inc. designated to construct homes for it ("MJF
Holdings, Inc. Contractor) shall be obliged to use materials of a quality equivalent to
those materials which MJF Holdings, Inc. Contractor has utilized for the construction of
homes in the Plat. If inferior materials are utilized, the Committee will require that such
materials be replaced. The (1) grade of materials and (2) price of materials shall be
relevant considerations in determining whether the materials are of equivalent quality.
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Section 2. Permits. No construction or exterior addition or change or alteration of
any structure may be started on any portion of the Properties without the Owner first
obtaining a building permit and other necessary permits from the proper local
government authority and written approval of such permits from the Board, Architectural
Control Committee or the Declarant. The Committee must approve the plans for all
construction or alteration proposals (see Article XII).
Section 3. Codes. All construction must conform to the requirements of the State
of Washington, Uniform Bodes (building, mechanical, plumbing) and King County codes
and requirements, in force at the commencement of the construction, including the latest
revisions thereof.
Section 4. Time of Completion. The exterior of any structure, including painting or
other suitable finish and initial landscaping, shall be completed within eight months of the
beginning of construction so as to present a finished appearance when viewed from any
angle. The construction area shall be kept reasonably clean during the construction
period.
Section 5. Entry for Inspection. Any agent, officer or member of the Board,
Committee, or the Declarant may, at any reasonable predetermined hour upon 24 hours
notice during the construction or exterior remodeling, enter and Inspect the structure to
determine if there has been compliance with the provisions of this Declaration. The
above-recited individuals shall not be deemed guilty of trespass for such entry or
inspection. There is created an easement over, upon and across the residential Lots for
the purpose of making and carrying out such inspections.
Section 6. Contractor. No home may be constructed on any Lot other than by a
contractor licensed as general contractor under the statutes of the State of Washington
without the prior approval of the Committee.
ARTICLE XI
UTILITIES
Section 1. Antennas. No radio or television antennas, transmitters or parabolic
reflectors (satellite dish antennae) shall be permitted unless approved by the Committee.
ARTICLE XII
ARCHITECTURAL CONTROL
Section 1. Architectural Control Committee. (Committee"). Upon termination of
the Development Period, the Board shall appoint a Committee. The Committee shall
consist of not less than three and not more than five members. It is not a requirement
that members of the Committee be (1) Owners or (2) members of the Association.
During the Development Period, the Declarant may elect to exercise and perform
the functions of the Committee. If the Declarant elects not to perform this function, or at
any time elects to no longer perform this function, the Declarant or the Board shall
appoint the Committee to function as herein provided. After termination of the
Development Period, the Board shall perform the functions of the Committee until such
time as the Board shall appoint and designate the Committee. The Committee shall be
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appointed within one month of the election of the Board following the termination of the
Development Period.
Section 2. Jurisdiction and Purpose. The Committee or the Declarant shall review
proposed plans and specifications for Residences, accessory structures (e.g., garden
sheds, tools sheds, doll houses, tree houses, gazebos, and playground equipment),
fences, walls, appurtenant recreational facilities (e.g., hot tubs, spas, basketball courts,
basketball hoops, tennis courts, swimming pools, bath houses, animal pens, or
enclosures), or other exterior structures to be placed upon the Properties. No exterior
addition or structural alteration may be made until plans and specifications showing the
nature, kind, shape, height, materials, and location of the structure or alteration have
been submitted to and approved, in writing, by the Committee. The Committee also shall
review proposals to change the exterior color of homes in the Plat. The Committee shall
determine whether the exterior design and location of the proposed structure, alteration,
or color change harmonizes with the (1) surrounding structures, (2) surrounding natural
and built environment, and (3) aesthetic character of other homes in the Plat. Article IV
Section 3 regarding maintenance of the drainage may not be amended without prior
written approval of the City of Renton.
Section 3. Membership. The Board shall designate the Committee. An election
to fill either a newly created position on the Committee or a vacancy on the Committee
requires the vote of the majority of the entire Board. However, the Board is not obligated
to fill a vacancy on the Committee unless the membership of the Committee numbers
less than three persons.
Section 4. Designation of a Representative. The Committee may unanimously
designate one or more of its members or a third party to act on behalf of the Committee
or a Committee member with respect to both ministerial matters and discretionary
judgments.
Section 5. Donation of Time. No member of the Committee shall be entitled to
any compensation for services performed on behalf of the Committee. Committee
members or representatives shall have no financial liability resulting from Committee
actions.
Section 6. Address of the Committee. The address of the Committee shall be the
registered office address of the Association.
Section 7. Voting. Committee decisions shall be determined by a majority vote by
the members of the Committee.
Section 8. Submission of Plans. All plans and specifications required to be
submitted to the Committee shall be submitted by mail to the address of the Committee
in duplicate. The written submission shall contain the name and address of the Owner
submitting the plans and specifications, identity of the Lot involved, and the following
information about the proposed structure:
(a) The location of the structure upon the Lot;
(b) The elevation of the structure with reference to the existing and
finished Lot grade;
(c)The general design;
(d) The interior layout;
(e) The exterior finish materials and color, including roof materials;
(f) The landscape plan;
(g) Other information which may be required in order to determine
whether the structure conforms to the standards articulated in the
Declaration and the standards employed by the Committee in evaluating
development proposals.
Section 9. Plan Check Fee. All individuals submitting plans to the Committee
shall be obliged to pay a reasonable plan check fee to cover the administrative costs of
reviewing such development proposals. It will be necessary to pay the plan check fee
upon submitting plans and specifications to the Committee. A plan check fee of$100 will
be charged to review plans and specifications for Residences. A fee of $25 will be
charged for the review of other structures.
Section 10. Evaluating Development Proposals. The Committee shall have the
authority to establish aesthetic standards for evaluating development proposals. In
addition to such standards, in evaluating development proposals, the Committee shall
determine whether the external design, color, building materials, appearance, height,
configuration, and landscaping of the proposed structure harmonize with (1) the various
features of the natural and built environment, (2) the aesthetic character of the other
homes in ZETTERBERG, and (3) any other factors which affect the desirability or
suitability of a proposed structure or alteration. The Committee shall decline to approve
any design, which fails to meet the above-recited standards and any other aesthetic
standards promulgated by the Committee. The Committee will not approve temporary or
non-permanent structures. Committee determinations may be amended by a majority
vote of Committee members.
Section 11. Exclusions. The Committee is not required to review plans and
specifications for homes constructed by MJF Holdings, Inc., or MJF Holdings, Inc.
Contractor.
Section 12. Approval Procedures. Within 30 days after the receipt of plans and
specifications, the Committee shall approve or disapprove the proposed structure. The
Committee may decline to approve plans and specifications, which, in its opinion, do not
conform to restrictions articulated in this Declaration or to its aesthetic standards. The
Committee shall indicate its approval or disapproval on one of the copies of the plans
and specifications provided by the applicant and shall return the plans and specifications
to the address shown on the plans and specifications.
Section 13. Compliance with Codes. In all cases, ultimate responsibility for
satisfying all local building codes and requirements rests with the Owner and contractor
employed by the Owner. The Committee has no responsibility for ensuring that plans
and specifications, which it reviews, comply with local building codes and requirements.
The Committee shall be held harmless in the event that a structure, which it authorizes,
1,
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fails to comply with relevant building and zoning requirements. No person on the
Committee or acting on behalf of the Committee shall be held responsible for any defect
in any plans or specifications which are approved by the Committee nor shall any
member of the Committee or any person acting on behalf of the Committee be held
responsible for any defect in a structure which was built pursuant to plans and
specifications approved by the Committee.
Section 14. Variation. The Committee shall have the authority to approve plans
and specifications, which do not conform to these restrictions in order to (1) overcome
practical difficulties or (2) prevent undue hardship from being imposed on an Owner as a
result of applying these restrictions. However, such variations may only be approved in
the event that the variation will not (1) detrimentally impact on the overall appearance of
the development, (2) impair the attractive development of the subdivision or (3)
adversely affect the character of nearby Lots. Granting such variations shall only be
granted if the Committee determines that the variation would further the purposes and
intent of these restrictions. Variations shall only be granted in extraordinary
circumstances.
Section 15. Enforcement. In any judicial action to enforce a determination of the
Committee, the losing party shall pay the prevailing party's attorneys' fees, expert
witness fees, and other costs incurred in connection with such legal action or appeal.
ARTICLE XIII
GENERAL PROVISION
Section 1. Covenants Running with the Land. These covenants are to run with
the land and be binding on all parties and persons claiming under them for a period of 30
years from the date these covenants are recorded, after which time the covenants shall
be automatically extended for successive period of 10 years unless an instrument signed
by a majority of the individuals then owning Lots has been recorded which reflects their
intent to amend the covenants in whole or in part.
Section 2. Amendment. This Declaration and the Bylaws may be amended
during the initial 30-year period if 51 percent of the members vote to amend particular
provisions of either instrument except for those items in Article IV Sections 3 and 5 may
not be amended as it relates to storm drainage facilities, street lighting or common
improvements, unless the assignee and the City of PACIFIC consent in writing. This
Declaration may be amended during the Development Period by any instrument signed
by both the Declarant and the Owners of 51 percent of the Lots, including those owned
by the Declarant. The provisions expressly referring to the Declarant may not be
amended without the Declarant's approval. All amendments must be filed with the office
of the King County Records Department or its successor agency.
Section 3. Enforcement. The Association, the Board, or any Owner shall have the
right to enforce, by any legal proceeding, all restrictions, conditions, covenants,
reservations, liens and charges now or hereafter imposed by the provisions of this
Declaration.
Section 4. Attorneys' Fees. In the event that it is necessary to seek the services
of an attorney in order to enforce any (1) provision of this Declaration or (2) lien created
pursuant to the authority of this Declaration, the individual against whom enforcement is
sought shall be obliged to pay any attorneys'fees incurred. If the Owner fails to pay such
fees within 60 days, such fees shall become a lien against the Owner's Lot.
In any legal action commenced in order to enforce the provisions of this
Declaration, the prevailing party shall be entitled to recover all reasonable attorneys'
fees and expert witness fees incurred in order to enforce the provisions of this
Declaration. The prevailing party shall also be entitled to recover all costs.
Section 5. Successors and Assigns. The covenants, restrictions and conditions
articulated in this Declaration shall run with the land and shall accordingly be binding on
all successors and assigns.
Section 6. Severability. The invalidity of any one or more phrases, clauses,
sentences, paragraphs or sections hereof shall not affect the remaining portions of this
Declaration or any part thereof. In the event that one or more of the phrases, clauses,
sentences, paragraphs or sections contained herein should be invalid; this Declaration
shall be construed as if the invalid phrase, clause, sentence, paragraph or section had
not been inserted.
IN WITNESS WHEREOF the undersigned, being the Declarant herein, has hereunto set
his hand and seal this t`7 14 day of \O-ece�3 c a , 2-00 7 .
MJF Holdings Inc.
Declarant
Michael J. Feu r ornPresident
STATE OF WASHINGTON )
)ss,
COUNTY OF KING )
On this i'7 day of -tool before me, the undersigned, a
notary public in and for the State of Washington, personally appeared Michael J.
Feuerborn, President of MJF Holdings, Inc, a Washington corporation, the corporation
that executed the within and foregoing instrument, and he 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 and that the seal affixed (if any) is the corporate seal of said corporation.
WITNESS my hand and official seal hereto affixed the day and year first written
above.
.T Tk v„- ,A4 j ` y (Printed Name)
COr' M °' " Notary Public in and for the State of
RR J Y 25,2009 Washington
`'" Residing at: , � --
My commissidn expires: /zs/o
File. CCR's Standards/ZETTERBERG/DreamCraft Homes/sr