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HomeMy WebLinkAboutRC 20100408000684 • 0 11 III IILIIH Return Address: a Ben 50.'1 TrU:l r LLC 20100408000684 57C1 154' Avc—r. PAGE-001ROFT021COY 83.00 Sc4 WA. '1 04/08/2010 14:17 KING COUNTY, UA Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04) Document Title(s)(or transactions contained therein):(all areas applicable to your document must be filled in) 1. CC•/4 "—r c4 C{?I&A r 42• 3. 4. • Reference Number(s)of Documents assigned or released: Additional reference#'s on page/V/4-of document Grantor(s) Exactly as name(s)appear oondocument 1.�C VI 50 N f-4 is /710 "he J,�.+ .aP iS 115 .f -c_ 2. Additional names on page of document. Grantee(s) Exactly1as name(s)appear on document 7 I. Cf1'7 O Rch -10A-) 2. Additional names on page of document. Legal description(abbreviated: i.e.lot,block,plat or section,township,range) .S'% R 33 0\3 - s- Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number ❑Assessor Tax#not yet assigned � r59�0 -vast 6 / 9 g('O - o3ao The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. "I am signing below and paying an additional$50 recording fee(as provided in RCW 36.18.010 and referred to as an emergency nonstandard document),because this document does not meet margin and formatting requirements. Furthermore,1 hereby understand that the recording process may cover up or otherwise obscure some part of the text of the original document as a result of this request." Signature of Requesting Party Note to submitter:Do not sign above nor pay additional$50 fee if the document meets margin/formatting requirements • . 1 DECLARATIONS OF COVENANTS,CONDITIONS AND RESTRICTIONS - FOR THE BENSON TRAILS HOMEOWNERS' ASSOCIATION THIS DECLARATION is made on the date hereinafter set forth by BENSON TRAILS, LLC, (Declarant),the owner of certain land situated in the State of Washington,City of Renton,King County, known as BENSON TRAILS,which is more particularly described in Exhibit A. In order to ensure preservation of the gracious residential environment at BENSON TRAILS,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 insure to the benefit of each owner thereof and to the benefit of BENSON TRAILS Homeowners Association and shall otherwise in all respects be regarded as covenants running with the land. Contents ARTICLE I DEFINITIONS - 2 ARTICLE II PRE-EXISTING RESTRICTIONS 3 ARTICLE III DEVELOPMENT PERIOD 3 ARTICLE IV EASEMENTS,OPEN SPACES&TRACTS 4 ARTICLE V ASSESSMENTS 5 ARTICLE VI MAINTENANCE OF LOTS 7 ARTICLE VII HOMEOWNERS ASSOCIATION 9 ARTICLE VIII MANAGEMENT BY BOARD 9 ARTICLE IX LAND USE RESTRICTIONS 12 ARTICLE X BUILDING RESTRICTIONS 13 ARTICLE XI UTILITIES 14 ARTICLE XII ARCHITECTURAL CONTROL 14 ARTICLE XIII GENERAL PROVISION 17 2 ARTICLE I DEFINITIONS For purposes of the Declaration and the Articles of Incorporation and the Bylaws of the Benson Trails Homeowner's Association,certain words and phrases shall have particular meaning as follows: Section 1."Association"shall mean and refer to the Benson Trails Homeowners' Association, its successors and assigns. Section 2."Board"shall mean and refer to the Board of Directors of the Association, as provided for in Article IX.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 IV unless the language or context indicates otherwise. Section 3."Properties"shall mean and refer to the real property described with particularly 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 Benson Trails, LLC., 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 Df the Board of Directors as outlined in Article XIII 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 Lots 1-16, inclusive Benson Trails as recorded in Volume VOW of Plats, Pa es QSQ- ©S. Records of King County,State of Washington,under Recording No.' "/O Ovas"000%Sj Section 9. "Residence"shall mean and refer to any buildings occupying any lot. Section 10."Owner"shall mean and refer r 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 3 properties within the Plat. Purchasers or assignees under recorded real estate contracts shall be deemed Owners as against their respective sellers or assignors. Section I I."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 Develop Period,the Board of Directors of the Association shall be appointed by the Declarant. 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 and 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 five lots shall constitute a quorum.The Board of Directors and officers of the Association may be elected by.majority vote of said quorum. If a quorum is not present,the Development period shall nevertheless terminate on that(kite 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 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 the Owners.The Temporary Board shall have full authority and all rights, • • II 4 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 management 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 City of Renton the right to enter upon the 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 among the easements. Section 2. Utility Easements. Various utility easements are designed 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.Not 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. Section 3. Structures Prohibited in Rights-of-Way.All rights-of-way within the Plat have been dedicated to the City of Renton.No structures may be placed in rights-of- way within the Plat. Section 4. Maintenance of Detention and Water Quality System. The Home Owners Association shall maintain the detention and water quality system and emergency access roads until such time that those improvements are deeded or sold to a • • 5 governmental agency,which will assume maintenance and responsibility of such improvements. - Section 5. OPEN SPACES,Recreation Tract& Sensitive Area's. The Home Owners Association shall maintain the OPEN SPACES, Recreational tract&Sensitive Area's until such time that those improvements are deeded or sold to a government agency,which will assume maintenance and responsibility of such improvements. 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,cost and reasonable attorney's 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(l)to promote recreation, health,safety and welfare of the residents of the properties,(2)for the cost of maintaining the recreational area within the Plat,(3)for legal fees or damage 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) for any other reasonable expenses incurred by the Homeowners' Association.(6) for maintenance of the common storm facility. Section 3.Annual Assessment.The initial annual assessment shall be$ per Lot payable in annual installments;six percent of the assessment shalt 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 increase 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 6 of the Association notice of any increase 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 increases 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 quarterly 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 within the Plat including fixtures and personal property relating thereto,provided that any such assessment shall have the assent of 51 percent of the members of the Association who are voting on person or by proxy at a meeting held duly called for this purpose.Any capital improvements which exceeds $15,000,must be approved by 5.1 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 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 constant 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 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 of or proxies entitled to cast 51 percent of the members of the Association shall constitute a quorum. If the required quorum is not present,another meeting may be called to 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. • 7 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 .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 the date of its issuance. Section 9. Effect of Non-Payment of Assessments: Remedies of the Association. Any assessment not paid within 30 days of 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 and foreclosure sale and to acquire,hold, lease,mortgage and convey the same.The Owner is responsible for the 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 or abandonment of his Lot. The Association shall have the right to suspend the voting rights of an Owner for and period during which any assessment which the Lot remains unpaid and for a period not to exceed 60 days for any infraction 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 subordinated 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 PY prior to such sale or transfer.No sale of transfer,however,shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. Section 11. Exempt Property. All property dedicated to and accepted by local public authority shall be exempt from assessments provided by this Article. • • 8 ARTICLE VI MAINTENANCE OF LOTS Section I. Exterior Maintenance by Owner.Owner 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 he Plat shall be owned and maintained by the Benson Trails Homeowners Association. (b). Refuse. All lots shall be kept free of debris.All refuse shall be kept in sanitary containers screened from yiew of and 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 Vehicles. Owners may not store goods or equipment or permanently parked vehicles(e.g. boats,cars,trucks,campers,and recreational vehicles) in open view of any Lot,or allow others to do so. When vehicles or goods are permanately parked or stored on Lots for a period over 24 hours,other than in the circumstances described below in subsection(e)of this section,the vehicles and goods shall be adequately screened from the view of adjacent right of ways and Lots.The screening of such vehicles of goods must have the approval of the Architectural Control Committee. (d). Improperly Parked Vehicles. Upon 48 hours notice to Owners of an improperly parked vehicle,the Board has the authority to have towed,at the Owners expense,any vehicles that are parked in violation of this section. (e). Temporary Parking by Owners. This section does not prevent Owners from parking automobiles and trucks on driveways when the Owners are out of town. if). Temporary Parking by Guests. This section does not prevent guests from parking automobiles,trucks or recreational vehicles in driveways for a period of four days. However,if the guests either(1)plan to park their vehicles in driveways or (2)stay in their recreational vehicles for a period in excess of four days,the Owners must obtain permission from the Board. (g). Dilapidated, Unsightly Vehicles. 'Neither Owners nor their guests are allowed to park dilapidated,dysfunctional or unsightly vehicles in driveways. • • • • 9 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 of 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 Benson Trails 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 the law. In the event that the estimated cost of such repair should exceed one-half or one assessed value of the Lot any improvements of 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. _ 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 maybe suspended as provided for in this Declaration,the Article and the Bylaws of the Association. • • to Section 4. Meetings.Meetings shall be conducted in accordance with the Bylaws of the Benson Trails 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 11I,all administrative power and authority shall vest in a Board of 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 either the temporary or permanent Board of Directors,the new Board shall adopt Bylaws.The Declarant will make copies of the Bylaws available to Lot Owners upon request. Section 2. Terms. Theterms 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 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: ja). Insurance.Obtain policies of general liability insurance. (b). Legal and Accounting Services.Obtain legal and accounting services if necessary to the administration of the Association affairs,administration of the Recreational Area within the Plat,or enforcement of this Declaration. (c).Street Lighting. Pay all costs of operating and maintaining street lighting. (d).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. (e). 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 within the Plat rather than merely against the • 11 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. M. Security. Pay all costs deemed appropriate by the Board to ensure adequate security for the Lots constituting the residential community created on the Properties. (g).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. -• jh). 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 the emergency of the need for maintenance or repair was caused by another Owner of another Lot,the cost thereof shall be specially assessed against the Owner of the other Lot. (i). Promulgation of Rules:Adopt and publish rules and regulation governing the members and their guests and establish penalties for any infraction thereof. (j).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. fk). Employment of Manager. Employ a manager,and independent contractor,or such other employees as the Board deems necessary and describe the duties of such employees. (1).Payment for Goods and Services. Pay for all goods and services required for the proper functioning of the Recreational Area within the Plat and the Association. (m). Impose Assessments. Impose annual and special assessments. • • • 12 (n). Bank Account.Open a bank account on behalf of the Association and designate the signatories required. (o).Legal Actions. Commerce 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. (p).Exercise of Powers. Duties and Authorities.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 o_n behalf of all 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 than one family.No Lot in Benson Trails 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 the Recreational Area,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 the 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(I)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 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 • 13 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 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 permanately.No vehicles parked in public right-of-way may be used temporarily or permanately for residential purposes except as provided in Article VI. Section 6. Mining. No oil drilling, oil development operations,oil refilling, 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 of 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 Lotexcept one sign not to exceed five square feet in area may be placed on a Lot to offer the property for sale or rent. Signs also may be used by a builder to advertise-the property during the construction and sale period. 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 Owper or other person accompanying the animal shall remove animal waste deposited on lawns,sidewalks,trails and right-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 XI11, Section 4. ARTICLE X BUILDING.RESTRICTIONS Section 1. Building Materials. Homeowners who do not have Benson Trails LLC, or the contractor designated to construct homes for it shall be obliged to use materials of a quality equivalent to those materials which Benson Trails LLC's Contractor has utilized for the construction of homes in the Plat. If inferior materials are utilized,the Committee • 14 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 equivalent quality. 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 alternation proposals(see article X11). Section 3. Codes.All construction must conform to the requirements of the State of Washington, Uniform Bodes(building,mechanical,plumbing)and the City of Renton 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 provisions of this Declaration.The above- recited individuals shall not be deemed guilty of trespass for such entry or inspection. There is created as easement over,upon and across the residential Lots for thepurpose 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 statues 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 • 15 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 functions of the Committee shall be performed by the Board until such time as the Board shall appoint and designate the Committee.The Committee shall be appointed within a 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 design and location of the proposed structure,alteration, or color change harmonize with the(1)surrounding structures,(2)surrounding natural and built environment,and(3)aesthetic character of other homes in the Plat. Section 3. Membership.The Committee shall be designed by the Board.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 or 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. • 16 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, identify 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 require 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 Pee. 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 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 built environment,(2)the aesthetic character of the other homes in Kristen Woods,and(3)any other factors which affect the desirability or suitability of a proposed structure or alteration.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 Benson Trails LLC.,or Benson Trails LLC's., Contractor. 17 Section 12. Approval Procedures. Within 30 days after the receipt of plans and specifications,the Committee shall approve or disapprove the proposal structure.The Committee may decline to approve plans and specifications which, in its opinion,do not conform to restrictions articulated in this Declaration or 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 fails to comply with relevant building and zoning requirements 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(I)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.(See Article XV, Section 4.) ARTICLE XII[ 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. • 18 Section 2. Amendment. This Declaration and the Bylaws may be amended during the initial 30-year period if 51 percent of the members v ote to amend particular provisions of either instrument.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 riot be amended without the Declarant's approval.All with s must be filed the office of the King County Records Department or its successor agency.These covenants may not be amended to limit or eliminate the responsibility for maintaining the common storm water facility without the prior approval of the city of Renton. .. 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. Sever ability. The invalidity of any one or more phrases,clauses, sentences,paragraphs or sections hereof shall not affect the remaining portions of this Declaration of 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 constructed as if the invalid phrase,clause,paragraph or section had not been inserted. IN WITNESS WHEREOF the undersigned,being the Dec rant herein,has hereunto set his hand and seal this 3c day of , aal 0 . Richard Mulcahy • Benson Trails,LLC Declarant • • 19 11 B Its Managin: Member STATE OF WASHINGTON ) )ss, COUNTY OF KING ) On this day of P r I ,00117 ,before me,the undersigned,a notary public in and for the State of Washington,personally appeared Richard Mulcahy, Managing Member of Benson Trails LLC a Washington Limited Liability Company,the company that executed the within and foregoing instrument,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 is the corporate seal of said corporation. _ WITN my hand and official seal hereto affixed the da and year first written above. is _ 44� 1 otary ' •lic in an Aor the State of Washington ;198100 Residingat: it (in A �� a My commission expire? 1 • } • ICS �, • 20 EXHIBIT A LEGAL DESCRIPTION- • PARCEL"A" LOT 5,BLOCK 2,NORTHWESTERN GARDEN TRACTS,DIVISION NO.6,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 46 OF PLATS,PAGE(S) 100,RECORDS OF KING COUNTY,WASHINGTON; EXCEPT THE WEST 300 FEET THEREOF; AND THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 33,TOWNSHIP 23 NORTH, RANGE 5 EAST,W.M.,IN KING COUNTY, WASHINGTON,LYING BETWEEN THE EASTERLY AND WESTERLY LINES OF THE BONNEVILLE TRANSMISSION LINE RIGHT-OF-WAY,AS DESCRIBED IN INSTRUMENT RECORDED UNDER KING COUNTY RECORING NO.3178820,AND LYING BETWEEN THE NORTH LINE OF LOT 4 AND THE SOUTH LINE OF LOT 7,BLOCK 2,NORTHWESTERN GARDEN TRACTS,DIVISION NO.6,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 46 OF PLATS,PAGE(S) 100,RECORDS OF KING COUNTY,WASHINGTON, EXTENDED ESTERLY. PARCEL"B" LOT 7,BLOCK 2,NORTHWESTERN GARDEN TRACTS,DIVISION NO.6,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 46 OF PLATS,PAGE(S) 100,RECORDS OF KING COUNTY,WASHINGTON.