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WHEN RECORDED RETURN TO:
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' INNOREBUR
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CITY OF RENTON COV
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DOCUMENT TITLE(S)
1. Covenants, Conditions and Restrictions for Homeowners Association of Highlands Park.
Document is being re-recorded to correct missing information.
REFERENCE NUMBER(S) OF DOCUMENTS ASSIGNED OR RELEASED:
❑ Additional numbers on page of document
GRANTOR(S):
1. Burnstead Construction Company
❑Additional names on page of document
GRANTEE(S):
1. Homeowners Association of Highlands Park
0 Additional names on page of document
ABBREVIATED LEGAL DESCRIPTION
Lot-Unit: Block: Volume: Page:
Section: NW 14 Township: 23N Range: 5E Portion:
Plat Name: Highlands Park
❑Complete legal description on page of document
ASSESSOR'S PROPERTY TAX PARCEL ACCOUNT NUMBER(S):
1423059110, 1423059083, 1423059047 & 1423059118
0 Additional tax account numbers on page of document
0(Check if applicable and sign below) I am requesting an emergency nonstandard recording for an additional fee as
provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure
some part of the text of the original document.
Signature
This cover sheet is for the County Recorder's indexing purposes only. The Recorder will rely on the information
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information provided herein.
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Return Address:
City Clerk's Office
City of Renton 20080109001.256
1055 S. Grady Way CITY OF RENTON COV 72.00
Renton WA 98055 PAGED 1 OF 03008
KING COUNTY, WA
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Additional reference#'s on page of document
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The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to.
verify the accuracy or completeness of the indexing information provided herein.
I am requesting an emergency nonstandard recording for an additional fee as provided in RCW
36.1 8.010. I understand that the recording processing requirements may cover up or otherwise
obscure some of the text of: - original document.
L..- ' At .0,,z,-;„,....._} Signature of Requesting Party
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DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
HOMEOWNERS ASSOCIATION OF HIGHLANDS PARK
THIS DECLARATION AND COVENANTS, CONDITIONS AND RESTRICTIONS FOR
HIGHLANDS PARK ("Declaration") is made on the date hereinafter set forth by Burnstead
Construction Company, ("Declarant"), who is the owner of certain land situated in the State of
Washington, County of King, known as Highlands Park (hereinafter referred to as "Highlands
Park"), which is more particularly described in Exhibit "A" and shown on Exhibit "B" attached
hereto and incorporated herein by this reference. In order to ensure preservation of the
residential environment at Highlands Park, Declarant agrees and covenants that all land and
improvements now existing or hereafter constructed thereon shall be held, sold, conveyed
subject to, and burdened by the following covenants, conditions, restrictions, reservations,
limitations, liens and easements, all of which are for the purpose of enhancing and protecting
the value, desirability and attractiveness of such lands for the benefit of all of such lands and
the owners thereof and their heirs, successors, grantees and assigns. All provisions of this
Declaration shall be binding upon all parties thereof and shall inure to the benefit of each
owner thereof and to the benefit of the Highlands Park Homeowners' Association and shall
otherwise in all respects be regarded as covenants running with the land.
ARTICLE I
DEFINITIONS
For the purposes of the Declaration and the Articles of Incorporation and the Bylaws of The
Homeowners Association of Highlands Park, certain words and phrases shall have particular
meanings as follows:
Section 1. "Association" shall mean and refer to THE HOMEOWNERS
ASSOCIATION OF HIGHLANDS PARK, its successors and assigns.
Section 2. "Board" shall mean and refer to the Board of Directors of the
Association, as provided for in Article X. For purposes of exercising the powers and duties
assigned in this Declaration to the Board, this term shall also mean the Initial Board of
Declarant, as provided in Article II, unless the language or context clearly indicates otherwise.
Section 3. "Properties" subject to this Declaration shall mean and refer to the real
property described with particularity in Exhibit "A" and shown on Exhibit "B", and such Other
Parcels which may hereafter be brought within the jurisdiction of the Association.
Section 4. "Owner" or "Lot Owner" shall mean and refer to record owner (whether
one or more persons or entities) of a fee interest in any Lot, including the Declarant and
participating Builders, but excluding Mortgagees or other persons or entities having such
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interest merely as security for the performance of any obligation. Purchasers or assignees
under recorded real estate contracts shall be deemed Owners as against their respective
sellers or assignors.
Section 5. "Common Areas" and "Common Maintenance Areas". Common Areas
shall mean and refer to any of the real property (including the improvements thereon) owned
by the Association for the common use and enjoyment of the members of the Association.
Common Maintenance Areas shall mean those portions of all real property (including the
improvements thereon) maintained by the Association for the benefit of the members of the
Association.
Section 6. "Lot" shall mean and refer to any plot of land, excluding tracts, as shown
upon any recorded subdivision map of the Properties. Lot shall include the Residence located
thereon.
Section 7. "Declarant" shall mean BURNSTEAD CONSTRUCTION COMPANY, a
Washington Corporation, and any of its successors and assigns who identifies itself as a
successor declarant in a recorded instrument and who assumes all the obligations of
HIGHLANDS PARK as declarant under the agreement.
Section 8. "Architectural Control Committee" shall refer to the duly appointed or
elected committee of the Board of Directors as outlined in Article XI of this Declaration,
hereinafter referred to as the "Committee".
Section 9. "Development Period" shall mean and refer to that period of time defined
in Article II of this Declaration.
Section 10. "Plat" shall mean and refer to the Plat of Highlands Park as recorded on
1/9�1.o0g in the records of King County, State of Washington, under Recording
No. Zoo80/09001 2 Ss
Section 11. "Residence" shall mean and be limited to single family residences only
occupying any Lot.
Section 12. "Other Parcels" shall mean those parcels of land which may be added to
the Properties.
ARTICLE II
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 the Declaration until (1) a date twenty (20) years from
the date of recording this Declaration or (2) the thirtieth (30th) day after Declarant has
transferred title to the purchasers of Lots representing 99 percent of the total voting power of
all Owners as then constituted or (3) the date on which Declarant elects to permanently
relinquish all of Declarant's authority under this Article II by written notice to all Owners,
whichever date first occurs. Until termination of the Development Period, the Property shall be
managed and the Association organized at the sole discretion of the Declarant.
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Section 2. Initial Board. Declarant may, in its sole discretion, and at such times as
the Declarant deems appropriate, appoint three persons who may be Owners, or are
representatives of corporate entities or other entities which are Owners, as an Initial Board.
This Initial 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, provided that after selecting the Initial Board, the
Declarant, in the exercise of its sole discretion, may at any time terminate the Initial Board and
reassume its management authority under Article II or select a new Board under this section of
Article II.
Section 3. Notice to Owners. Not less than fourteen (14) nor more than sixty (60)
days prior to the termination of the Development Period, the Declarant shall send 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 twenty (20) Lots shall constitute a quorum. The term "proxy" is defined as "the
authority or power to act for another, in person, or by document giving such authority". In other
words, an Owner may designate another individual to act on their behalf. The Board of
Directors and Officers of the Association may be elected by a majority vote of said quorum. If
a quorum shall not be present, the Development Period shall nevertheless terminate on that
date specified in said notice and it shall thereafter be the responsibility of the Owners to
provide for the operation of the Association.
Section 4. Management of Properties During Development Period. Declarant, or
a managing agent selected by the Declarant, and/or the Initial Board, shall have the power and
authority to exercise all the rights, duties and functions of the Board of Directors and generally
exercise all powers necessary to carry out the provisions of this Declaration.
Section 5. Purpose of Development Period. These requirements and covenants
are made to ensure that the Properties shall be adequately administered in the initial stages of
development and to ensure an orderly transition to Association operations. Each Owner
accepts this management authority in Declarant.
Section 6. Expenditures During Development Period. During the Development
Period, Declarant, or any agent of Declarant, shall have the sole discretion to use and
consume all or so much of the dues paid in as in Declarant's judgment is necessary or
expedient in maintaining the Common Maintenance Areas and carrying out the other functions
of the Association. This includes, but is not limited to, any legal fees associated with
Declarant, or any agent of Declarant carrying out any duties during the Development Period,
including all costs associated with turning over the Association after the expiration of said
Development Period. Upon termination of the Development Period, Declarant shall deliver any
funds remaining to the Association.
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ARTICLE III
EASEMENTS
Section 1. Easements for Utilities. A private easement is hereby reserved for and
granted to Puget Sound Energy Company, Qwest, Comcast, (other private utilities), and their
respective successors and assigns, under and upon all private streets, alleyways or private
drives, including the 20 foot private access and utility easement shown on lots 13 and 56, the
26 foot private access and utility easement shown on lot 11 and Tract 999, and the exterior ten
(10) feet parallel with and adjoining the street frontage of all lots, tracts and common areas in
which to install, lay, construct, renew, operate and maintain underground conduits, cables,
pipe and wires with necessary facilities and other equipment for the purpose of serving this
subdivision and other property with electric, telephone, gas television cable and other utility
services together with the right to enter upon the lots, tracts and common areas at times for the
purposes herein stated.
Section 2. City of Renton Easements. The City of Renton shall have the right to
enter the private drainage easements shown hereon to repair any deficiencies of the drainage
facility in the event the owner(s) is/are negligent in the maintenance of the drainage facilities.
These repairs shall be at the owner's cost.
The 15-foot drainage easement shown on lot 73 is hereby reserved for and granted to
the City of Renton for public storm drainage facilities. The City of Renton is hereby responsible
for the maintenance of the public drainage facilities within said easement.
The 20-foot drainage easement shown on lot 55 is hereby reserved for and granted to
the City of Renton for public storm drainage facilities. The City of Renton is hereby responsible
for the maintenance of the public drainage facilities within said easement.
The 15-foot sanitary sewer easement shown on lot 55 is hereby reserved for and
granted to the City of Renton for sanitary sewer facilities. The City of Renton is hereby
responsible for the maintenance of the public sanitary sewer facilities within said easement.
The 15-foot sanitary sewer easement shown on Tract 998 is hereby reserved for and
granted to the City of Renton for public sanitary sewer facilities. The City of Renton is hereby
responsible for the maintenance of the public sanitary sewer facilities within said easement.
Section 3. King County Water District 90 Water Main Easement. The 20-foot
water easement shown on Tract 998 is hereby reserved for and granted to King County Water
District 90 for public water facilities. Said district is hereby responsible for the maintenance of
the public water facilities within said easement.
Section 4. Private Easements.
The 5-foot private sanitary sewer and drainage easement shown on lot 1 is for the
benefit of lot 10. The owners of said benefited lot shall be responsible for the maintenance of
the private sanitary sewer and drainage facilities within said easement.
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The 10-foot private drainage easement shown on lots 1, 2 and 3 is for the benefit of
lots 1, 2, 3 and 4. The owners of said benefited lots shall be responsible for the maintenance
of the private drainage facilities within said easement.
The 10-foot private drainage easement shown on lots 5, 6 and 7 is for the benefit of
lots 5, 6, 7 and 8. The owners of said benefited lots shall be responsible for the maintenance
of the private drainage facilities within said easement.
The private drainage easement shown on Tract 999 is for the benefit of lot 9. The
owners of said benefited lot shall be responsible for the maintenance of the private drainage
facilities within said easement.
The 10-foot by 13-foot private drainage easement shown on lot 11 is for the benefit of
lot 12. The owners of said benefited lot shall be responsible for the maintenance of the private
drainage facilities within said easement.
The 5-foot private drainage easement shown on lots 12 and 13 is for the benefit of lots
12, 13 and 14. The owners of said benefited lots shall be responsible for the maintenance of
the private drainage facilities within said easement.
The 10-foot private drainage easement shown on lots 13, 15 and 16 is for the benefit of
lots 12, 15, 16 and 18. The owners of said benefited lots shall be responsible for the
maintenance of the private drainage facilities within said easement.
The 10-foot private drainage easement shown on lot 18 is for the benefit of lots 17 and
18. The owners of said benefited lots shall be responsible for the maintenance of the private
drainage facilities within said easement.
The 10-foot private drainage easement shown on lot 19 is for the benefit of lots 19 and
20. The owners of said benefited lots shall be responsible for the maintenance of the private
drainage facilities within said easement.
The 10-foot private drainage easement shown on lots 21 and 22 is for the benefit of
lots 21, 22 and 23. The owners of said benefited lots shall be responsible for the maintenance
of the private drainage facilities within said easement.
The 10-foot private drainage easement shown on lots 23, 24 and 25 is for the benefit of
lots 23, 24, 25 and 26. The owners of said benefited lots shall be responsible for the
maintenance of the private drainage facilities within said easement.
The 10-foot private drainage easement shown on lots 26, 27 and 28 is for the benefit of
lots 27, 28 and 29. The owners of said benefited lots shall be responsible for the maintenance
of the private drainage facilities within said easement.
The 10-foot private drainage easement shown on lot 32 is for the benefit of lot 30. The
owners of said benefited lot shall be responsible for the maintenance of the private drainage
facilities within said easement.
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The 10-foot private drainage easement shown on lots 33, 34 and 35 is for the benefit of
lots 32, 33 and 34. The owners of said benefited lots shall be responsible for the maintenance
of the private drainage facilities within said easement.
The 10-foot private drainage easement shown on lots 36 and 37 is for the benefit of
lots 35, 36 and 37. The owners of said benefited lots shall be responsible for the maintenance
of the private drainage facilities within said easement.
The 10-foot private drainage easement shown on lot 39 is for the benefit of lot 38. The
owners of said benefited lot shall be responsible for the maintenance of the private drainage
facilities within said easement.
The 10-foot private drainage easement shown on lots 40, 41 and 42 is for the benefit of
lots 39, 40, 41 and 42. The owners of said benefited lots shall be responsible for the
maintenance of the private drainage facilities within said easement.
The 10-foot private drainage easement shown on lots 42, 43 and 44 is for the benefit of
lots 43, 44 and 45. The owners of said benefited lots shall be responsible for the maintenance
of the private drainage facilities within said easement.
The 10-foot private drainage easement shown on lots 45 and 46 is for the benefit of
lots 46 and 47. The owners of said benefited lots shall be responsible for the maintenance of
the private drainage facilities within said easement.
The 10-foot private drainage easement shown on lots 48 and 49 is for the benefit of
lots 48, 49 and 51. The owners of said benefited lots shall be responsible for the maintenance
of the private drainage facilities within said easement.
The 10-foot private drainage easement shown on lot 50 and 51 is for the benefit of lots
31 and 50. The owners of said benefited lots shall be responsible for the maintenance of the
private drainage facilities within said easement.
The 10-foot private drainage easement shown on lots 53, 54 and 56 is for the benefit of
lots 52, 53 and 54. The owners of said benefited lots shall be responsible for the maintenance
of the private drainage facilities within said easement.
The 5-foot private drainage easement shown on lot 56 is for the benefit of lot 55. The
owners of said benefited lot shall be responsible for the maintenance of the private drainage
facilities within said easement.
The 10-foot private drainage easement shown on lot 58 is for the benefit of lot 57. The
owners of said benefited lots shall be responsible for the maintenance of the private drainage
facilities within said easement.
The 10-foot private drainage easement shown on lots 59, 60, 61 and 62 is for the
benefit of lots 58, 59, 60 and 61. The owners of said benefited lots shall be responsible for the
maintenance of the private drainage facilities within said easement.
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The 10-foot private drainage easement shown on lots 63 and 64 is for the benefit of
lots 62 and 63. The owners of said benefited lots shall be responsible for the maintenance of
the private drainage facilities within said easement.
The 10-foot private drainage easement shown on lots 65, 66 and 67 is for the benefit of
lots 64, 65 and 66. The owners of said benefited lots shall be responsible for the maintenance
of the private drainage facilities within said easement.
The 10-foot private drainage easement shown on lots 68 and 69 is for the benefit of
lots 67 and 68. The owners of said benefited lots shall be responsible for the maintenance of
the private drainage facilities within said easement.
The 10-foot private drainage easement shown on lots 70 and 71 is for the benefit of
lots 69, 70 and 71. The owners of said benefited lots shall be responsible for the maintenance
of the private drainage facilities within said easement.
The 10-foot by 10-foot private drainage easement shown on Tract 997 is for the benefit
of lot 72. The owners of said benefited lot shall be responsible for the maintenance of the
private drainage facilities within said easement.
The 10-foot private drainage easement shown on lots 67, 68, 69, 70, 71, 72 and Tract
997 is for the benefit of lots 66, 67, 68, 69, 70, 71 and 72. The owners of said benefited lots
shall be responsible for the maintenance of the private drainage facilities within said easement.
The 5-foot private water easement shown on lots 56 and 57 is for the benefit of lots 55
and 56. The owners of said benefited lots shall be responsible for the maintenance of their
private water facilities within said easement.
The 5-foot private water easement shown on lot 15 is for the benefit of lot 14. The
owners of said benefited lot shall be responsible for the maintenance of their private water
facilities within said easement.
The 5-foot private drainage easement shown on lot 12 is for the benefit of lot 13. The
owners of said benefited lot shall be responsible for the maintenance of their private water
facilities within said easement.
The 20-foot private access and utility easement shown on lot 13 is for the benefit of lot
14. The owners of said lots 13 and 14 shall be responsible for their respective private utility
facilities and share equally in the maintenance responsibilities of the access and utilities used
in common with said easement.
The 26-foot private access and utility easement shown on lot 11 and Tract 999 is for
the benefit of lots 9 and 10. The owners of said lots 9 and 10 shall be responsible for their
respective private utility facilities and share equally in the maintenance responsibilities of the
access and utilities used in common with said easement.
The 20-foot private access and utility easement shown on lot 56 is for the benefit of lot
55. The owners of said lots 55 and 56 shall be responsible for their respective private utility
facilities and share equally in the maintenance responsibilities of the access and utilities used
in common with said easement.
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Section 5. Miscellaneous Easements and Restrictions.
(I) No further subdivision of any Lot shall be allowed without resubmittal for formal
plat procedure.;
(ii) No Lot or portion of a Lot in the Plat shall be divided and sold or resold or
ownership changed or transferred whereby the ownership of any portion of the
Lot shall be less than the area required for the use district in which located.;
(iii) Street trees have been planted by the Declarant. All street trees shall be owned
and maintained by the abutting Lot Owners. The Association shall have the
right to trim trees and all Owners hereby waive any and all objection to such
trimming. No Owner may remove a street tree but shall notify the Association if
the street tree appears diseased or dead.;
(iv) The City of Renton shall be responsible for maintaining all rights-of-way within
the Plat;
(v) The Association shall establish and periodically update "Rules and Regulations"
which shall apply to all Lot Owners within Highlands Park.
Section 6. Access Easements. The Association and its agents shall have an
easement for access to each Lot and to the exterior of any building located thereon during
reasonable hours as may be necessary for the purposes stated below. Owners hereby grant
to the Association, the Board, and the Declarant, and their individual agents, an express
access easement for purposes of going upon the Lots of Owners for the following purposes:
(i) The maintenance, repair, replacement, or improvement of any Common
Maintenance Areas accessible from that Lot;
(ii) Emergency repairs necessary to prevent damage to the Common Maintenance
Areas or to another Lot or the improvements thereon;
(iii) Cleaning, maintenance, repair, or restoration work which the Owner is required
to do but has failed or refused to do; and
(iv) The removal of Vehicles, goods, equipment, devices or other objects which are
parked or stored in violation of the terms of this Declaration.
Except in an emergency where advanced notice is not possible, these easements shall be
exercised only after reasonable notice to the Owner.
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ARTICLE IV
COMMON AREAS AND COMMON MAINTENANCE AREAS
Section 1. Common Maintenance Areas. Common Maintenance Areas shall
include those portions of all real property (including improvements thereon) maintained by the
Association for the benefits of the members of the Association. The areas to be maintained by
the Association are: Tracts 997, 998 and 999; including entry signage and landscaping
including automatic irrigation system and entry lighting; and the mailbox stands located
throughout the Properties. Maintenance of the automatic irrigation system shall include
winterization of the system and start up in the spring. The Association shall have the right and
the obligation to maintain the Common Maintenance Areas and shall pay the actual cost of the
same from annual or special assessments as appropriate.
Section 2. Alteration of the Common Areas and Common Maintenance Areas.
Nothing shall be altered, or constructed in, or removed from the Common Areas or Common
Maintenance Areas except upon prior written consent of the Association.
Section 3. Dumping in Common Areas and Common Maintenance Areas. No
trash, plant or grass clippings or other debris of any kind shall be dumped, deposited or placed
on or within the Common Areas or Common Maintenance Areas.
Section 4. Other Maintenance Costs for Association. In addition to maintaining
the Common Areas and Common Maintenance Areas, the Association shall also be
responsible for the payment of the electric bills incurred in connection with the operation of the
streetlights within the Properties until the utility provider for the streetlights directly bills the
individual Lot Owners.
ARTICLE V
TRACTS
Section 1. Drainage Tract. Tract 996 is a storm detention tract and shall be owned
and maintained by the Association.
Section 2. Neighborhood Park. Tracts 998 and 999 contain a neighborhood park
which is owned by the Association and is to be used only by the residents of Highlands Park
and their invited guests. The park can be used between the hours of 8:00 am and 10:00pm.
Homeowners will bear financial responsibility for any damage or problems resulting from park
use as well as routine maintenance costs.
No use of the park shall be made which unreasonably interferes with the ability of the
homeowners to enjoy their property. The Board will develop rules which will regulate use of
the park. If owners, their relatives, invitees or guests breach the regulations of the Board
governing park use, their privilege to use the park shall be revoked. Each individual owner
covenants for itself, its heirs, successors, assigns and tenants, that is shall assume all risks
associated with park use, including but not limited to the risk of property damage or personal
injuries resulting from the use of the park and shall indemnify and hold harmless the Declarant,
the Association and the Board of Directors of the Association from any liability, claims or
expenses, including attorneys' fees arising from property damage or personal injuries resulting
from the use of the park.
ARTICLE VI
MAINTENANCE OF THE COMMON MAINTENANCE AREAS AND SITES;
DELEGATION OF MANAGEMENT
Section 1. Responsibility for Maintaining Common Maintenance Areas. The
Association is responsible for maintaining and preserving the character and function of areas
designated on the face of the Plat and these covenants as Common Maintenance Areas.
Common Maintenance Areas have been set aside for landscaping and community
identification purposes and those areas are referred to in Article IV, Section 2 above.
Section 2. Repair of Common Maintenance Areas. Any damage to Common
Maintenance Areas or improvements thereon, including landscape plantings, sprinkler
systems, fences, berms, etc., by the Owners or their children or guests shall be repaired by the
Association and the Owner who caused the area to be damaged shall be responsible for
reimbursing the Association all costs incurred by the Association for the repairs. The Owner
shall be obliged to immediately remit funds for the repair to the Association. If the Owner fails
to promptly make payment for such repairs, the Owner shall be charged interest at the rate of
twelve (12%) percent per annum.
Section 3. Management. Each Owner expressly covenants that the Board and the
Declarant, during the Development Period, may delegate all or any portion of their
management authority to a managing agent, manager or officer of the Association and may
enter into such management contracts or other service contracts to provide for maintenance
and the operation of Common Maintenance Areas and any portion thereof. Any management
agreement or employment agreement for the maintenance or management of the Common
Maintenance Areas or any portion thereof shall be terminable by the Association without cause
upon 90 days' written notice thereof; the term of any such agreement shall not exceed three
(3) years, renewable by agreement of the parties for successive three (3) year periods. Each
Owner is bound to observe the terms and conditions of any such management agreement or
employment contract, all of which shall be made available for inspection by any Owner on
request. Fees applicable to any such management, employment or service agreement shall
be assessed to the Association or Owners.
ARTICLE VII
ASSESSMENTS
Section 1. Creation of Lien and Personal Obligation. Each Owner of any Lot, by
acceptance of a deed therefore, whether it shall be so expressed in each deed, is deemed to
covenant and agree to pay to the Association (1) annual assessments or charges; (2) special
assessments for capital improvements; and (3) special assessments for legal fees and
damages. If the Owner fails to timely pay assessments within thirty (30) days of the date
specified by the Association, the annual and special assessments, together with any interest,
costs and any reasonable attorneys' fees incurred to collect such assessments, shall be a lien
on the land and shall be a continuing lien upon the property against which such assessment is
it
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Section 7. Special Assessments for Legal Fees and Damages. In addition to the
annual and special assessments authorized above, the Declarant, during the Development
Period, or the Association may levy in any assessment year a special assessment for the
purpose of defraying, in whole or in part, (1) the cost of legal fees and costs incurred in legal
actions in which the Association is a party, (2) the cost of legal fees and costs incurred in any
action in which a member of either the Board or Committee is named as a party as a result of a
decision made or action performed while acting in behalf of the Association, or (3) any other
reasonable expenses incurred by the Association. Within thirty (30) days after adoption by the
Board of Directors of the special assessment for legal fees and damages, the Board shall set a
date for a meeting of the members to consider ratification of the special assessment, not less
than fourteen nor more than sixty days after mailing of the summary. Unless at that meeting,
seventy-five percent (75%) or more of the Owners reject the special assessment, in person or
by proxy, the special assessment shall be ratified, whether or not a quorum is present.
Section 8. Uniform Rate of Assessment. Both annual and special assessments
must be fixed at a uniform rate for all Lots and must be collected on an annual basis.
Section 9. Date of Commencement of Annual Assessment; Due Dates. The
annual assessments described in this Article shall commence on January 1, 2009. The first
annual assessment shall be adjusted according to the number of months remaining in the
calendar year. After the Development Period expires, the Board of Directors shall fix the
annual assessment. Written notice of the annual assessment shall be sent to every Owner
subject to such assessments. The due date shall be established by the Board of Directors.
The Association shall, upon demand and for a reasonable charge, furnish a certificate signed
by an officer or the administrator of the Association setting forth whether the Assessment on a
specified Lot has been paid.
Section 10. Effect of Non-Payment of Assessments; Remedies of the
Association. Any assessment not paid within thirty (30) days after the due date shall bear
interest at the rate of twelve percent (12%) per annum. Each Owner hereby expressly vests in
the Association or its agents the right and power to bring all actions against such Owner
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 to 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 (see Article XV, Section 4). No Owner may waive or
otherwise escape liability for the assessments provided herein by non-use of the Common
Maintenance Areas 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 for a period not to exceed sixty
(60) days for any infraction of the terms of either this Declaration, the Articles or the Bylaws of
the Association.
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Section 11. Subordination of the Lien to Mortgage. The lien for assessment
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
which thereafter become due or from the lien thereof.
Section 12. Exempt Property. All property dedicated to and accepted by the City of
Redmond shall be exempt from the assessments provided for in this Article.
Section 13. Budget Deficits During Declarant Control. In the event there is a
deficit between the actual operating expenses of the Association (but specifically not including
an allocation for capital reserves), and the sum of the annual, special and specific
assessments collected by the Association in any fiscal year, Declarant, or its members
individually, may, in their sole discretion, contribute funds to the Association in order to satisfy
the shortfall, or any portion thereof.
ARTICLE VIII
MAINTENANCE OF LOTS
Section 1. Exterior Maintenance by Owner. Each Lot and Residence shall be
maintained by the Owner in a neat, clean and sightly condition at all times and shall be kept
free of accumulations of litter, junk, containers, equipment, building materials and other debris.
All refuse shall be kept in sanitary containers sealed from the outlook of any Lot. The
containers shall be emptied regularly and their contents disposed of off the Lot. 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 device
(approved by the Committee) shall be permitted. The Owners of each Lot shall maintain the
lawn and landscaping on the Lot in a condition consistent with the maintenance standards of
the Plat. This includes, but is not limited to, adequate watering, removing weeds, mowing,
edging and fertilizing. This obligation to maintain landscaping extends into the public right-of-
way along the front of the Lot. Lot Owners shall maintain any lawn and or plantings in the
median strip between the sidewalk and edge of curb.
Section 2. Parking of Vehicles; Storage of Goods, Equipment or Devices.
There shall be no permanent and/or temporary storage of goods, Vehicles, as defined below,
equipment, or devices permitted in open outlook from any Lot or right-of-way. The term
"Vehicles" as used herein shall include, without limitation, automobiles, vans or trucks with or
without business logo, campers, trucks, busses, motor homes, mobile homes, boats, trailers,
portable aircraft, motorcycles, snowmobiles, minibikes, scooters, go-carts, and any other towed
or self-propelled transportation type vehicle. The term "Passenger Vehicles" as used herein
shall include passenger automobiles, vans, small trucks, motorcycles, and similar type vehicles
used regularly and primarily as transportation for the Occupants of the Lot. The term
"Commercial and Recreational Vehicles" as used herein shall include, without limitation, vans
or trucks with business logos, campers, busses, motor homes, mobile homes, boats, trailers,
portable aircraft, motorcycles, snowmobiles, minibikes, scooters, and go-carts. The following
restrictions apply:
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(i) Parking areas shall refer to the number of garage parking spaces. Garages are
to be used for the parking of vehicles, not storage. Driveway areas in front of
garages shall be considered parking areas for Passenger Vehicles only and
only to the extent that sufficient parking spaces are not provided in the garage
for all the Vehicles used by the Occupants of the Lot.;
(ii) No Commercial and/or Recreational Vehicle shall be permitted on the driveway
or any other portion of the Owner's Lot, except within a garage, however,
Recreational Vehicles shall be allowed to park on the driveway for a maximum
forty-eight (48) hour period, for the sole purpose of loading and unloading the
Recreational Vehicle;
(iii) No Passenger Vehicles shall be parked on any driveway or any other portion of
an Owner's Lot if there is available parking within the garage;
(iv) No Vehicles and/or Passenger Vehicles shall be parked overnight on any right-
of-way adjoining any Lot; provided that vehicles belonging to guests may
occasionally be parked during the day in the right-of-way adjoining a Lot.;
(v) No Passenger Vehicles parked on the driveway may extend over the sidewalk
and/or into the right-of-way.; and
(vi) Owners who have visiting guests intending to stay may secure written
permission from the Association for such guests to park their Vehicle upon the
Lot owned by the Owner for a maximum period of one (1) week within a thirty
(30)-day period. Such a privilege shall only exist, however, after the written
permission has been obtained from the Association.
The Association shall give an Owner a written notice of an improperly parked or stored Vehicle
and/or improperly stored goods, equipment, or devices. The Owner shall have twenty-four(24)
hours to remove said Vehicle and/or goods, equipment, or devices. If the Owner has not
removed the said Vehicle within the required time period, the Association may have the
Vehicle towed at the Owner's expense; fine the Owner $25 per day until the Vehicle is
removed; and/or place a lien against the Owner's Lot. If the Owner has not removed the said
goods, equipment, or devices, within the required time period, the Association may have the
goods, equipment, or devices removed; fine the Owner $25 per day until the goods,
equipment, or devices are removed, and/or place a lien against the Owner's Lot.
Section 3. Lot Maintenance by the Association. In the event an Owner fails to
maintain the exterior of his premises and the improvements situated thereon in a manner
consistent with maintenance standards of the Highlands Park community, the Association
shall, upon receipt of written complaint of any Owner, or upon its own initiative, and a
subsequent investigation, have the right through its agents and employees to enter upon the
offending Owner's Lot and repair, maintain and restore the Lot and exterior of the
improvements on that Lot if the Owner shall fail to respond in a manner satisfactory to the
Association within fourteen (14) 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 Association shall have the right to cause to be recorded a
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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 Association
shall be required to have the consent of fifty-one percent (51%) of the Members before
undertaking such repairs.
ARTICLE IX
HOMEOWNERS' ASSOCIATION
Section 1. Non-Profit Corporation. The Association shall be a non-profit
corporation under the laws of the State of Washington. The Association may be an
unincorporated Association during the Development Period, unless the Declarant elects to
incorporate the Association.
Section 2. Membership. Every person or entity which is an 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 and 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 Articles 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
Articles and the Bylaws of the Association.
Section 4. Meetings. Meetings shall be conducted in accord with the specifications
set forth in the Bylaws of the Highlands Park Homeowners'Association.
ARTICLE X
MANAGEMENT BY THE BOARD
Section 1. Enforcement of Declaration. The Board shall have the power to
enforce the provisions of this Declaration and the rules and regulations of the Association for
the benefit of the Association. The failure of any Owner to comply with the provisions of this
Declaration or the rules and regulations of the Association will give rise to a cause of action in
the Association (acting through the Board) and any aggrieved Owner for recovery of damages,
or injunctive relief, or both.
Section 2. Board of Directors. The number of Directors shall be set forth in the
Bylaws. The Board of Directors shall be elected by the Owners in accordance with the Bylaws.
All Board positions shall be open for election at the first annual meeting after termination of the
Development Period. The terms of the Board are defined in the Bylaws.
Ur:
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Section 3. Powers of the Board. All powers of the Board must be exercised in
accordance with the specifications which are set forth in the Bylaws. The Board, for the
benefit of all the Properties and the 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 limitation:
(i) Insurance. Obtain policies of general liability insurance.
(ii) Legal and Accounting Services. Obtain legal and accounting services, if
necessary, to the administration of Association affairs, administration of the
Common Maintenance Areas, or the enforcement of this Declaration.
(iii) Maintenance. Pay all costs of maintaining the Common Maintenance Areas.
(iv) Maintenance of Lots. If necessary, maintain any Lot if such maintenance is
reasonably necessary in the judgment of the Board to (1) protect Common
Maintenance Areas, or (2) to preserve the appearance and value of the
Properties and/or Lot. The Board may authorize such maintenance activities if
the Owner or Owners of the Lot have failed or refused 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.
(v) 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 Common Maintenance Areas 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 attorneys' fees and 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.
(vi) Utilities. Pay all utility charges attributable to Common Maintenance Areas.
(vii) Security. Pay all costs deemed appropriate by the Board to ensure adequate
security for the Lots and Common Maintenance Areas constituting the
residential community created on the Properties.
(viii) Right to Contract. Have the right to contract for all goods, services,
maintenance, and capital improvements provided. However, such right of
contract shall be subject to Association approval.
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(ix) Improvement of Common Maintenance Areas. Improve the Common
Maintenance Areas with capital improvements to such Common Maintenance
Areas, subject to the terms of Article VII, Section 6.
(x) Right of Entry. Enter any Lot or Residence 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 or Residence twenty-four (24) hours prior to
such entry. Such entry must be made with as little inconvenience to the Owners
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 activities were necessitated by the
Owner's neglect of the Lot, the cost of such repair or maintenance activity shall
be specially assessed to that Lot. If the emergency or the need for
maintenance or repair was caused by another Owner of another Lot, the cost
thereof shall be assessed against the Owner of the other Lot.
(xi) Promulgation of Rules. Adopt and publish rules and regulations governing the
members and their guests and establish penalties for any infraction thereof.
(xii) 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.
(xiii) Employment of Manager. Employ a manager, an independent contractor, or
such other employee as the Board deems necessary and describe the duties of
such employees.
(xiv) Payment for Goods and Service. Pay for all goods and services required for the
proper functioning of the Common Maintenance Areas.
(xv) Impose Assessments. Impose annual and special assessments.
(xvi) Bank Account. Open a bank account on behalf of the Association and
designate the signatories required.
(xvii) Easements. Execute any and all covenants, easements, or other necessary
documentation relating to the use of Common Maintenance Areas.
(xviii) 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.
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ARTICLE XI
ARCHITECTURAL CONTROL
Section 1. Architectural Control Committee ("Committee"). The Committee shall
consist of not less than three (3) and not more than five (5) 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 one month of the election
of the Board following the termination of the Development Period.
Section 2. Jurisdiction and Purpose. The Committee, or Declarant if a Committee
has not been appointed, shall review proposed plans and specifications for accessory
structures, fences, walls, appurtenant recreational facilities other exterior structures to be
placed upon the Lots or Properties. No exterior addition or structural alteration may be made
until plans and specifications showing the nature, kind, shape, heights, materials and location
of the proposed structure or alteration have been submitted to and approved, in writing, by the
Committee. The Committee shall also review proposals to change the exterior color of
residences in the community. The Committee shall determine whether the exterior design and
location of the proposed structure, alteration, or color change harmonizes with the surrounding
structures, surrounding natural and built environment, and aesthetic character of other
residences in the HighInds Park community.
Section 3. Membership. The Committee shall be designated 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 obliged to fill a
vacancy on the Committee unless the membership of the Committee numbers less than three
(3) 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 with
respect to both ministerial matters and discretionary judgments. The recommendations of
such individuals are subject to review by the entire Committee at the request of any member of
the Committee.
Section 5. Voting. Committee decisions shall be determined by a majority vote by
the members of the Committee.
Section 6. Submission of Plans and Specs. 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 construction plans and specs which include, but are not limited to: a site plan,
architectural, grading, lighting, and landscape plans. The plans and specifications should
contain the following information:
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(i) Building elevations for all sides of the residence and/or accessory structures
with reference to the existing and finished Lot grade. Include foundation,
windows, garages, doorways, roof pitch, porches, decks, stairways;
(ii) The elevation of the landscaping, retaining walls, and fences with reference to
existing and finished Lot grade. Materials, colors, and textures under
consideration must be indicated. For proposed fences, retaining walls and
rockeries, show relationship to walls, fences, rockeries, and grades on adjacent
Lots.;
(iii) Drainage flows;
(iv) Exterior finish materials, colors, and textures under consideration. Include roof.;
(v) Landscape plan. Indicate species of plant material, size and height, and
location.; and
(vi) Other information which may be required in order to determine whether the
standards in this Declaration and the Design Guidelines set forth and
referenced to in Article XIII, Section 2, have been met.
Section 7. Evaluating Development Proposals. The Committee shall have the
authority to establish aesthetic standards for evaluating development proposals. The
Committee shall determine whether the external design, color, building materials, appearance,
setbacks, height, configuration, and landscaping of the proposed structure harmonize with the
various features of the natural and built environment, the aesthetic character of the other
homes in the Highlands Park community, and any other factors which affect the desirability or
suitability of a proposed structure or alteration.
Section 8. Approval Procedures. Within thirty (30) days after the receipt of plans
and specifications, the Committee shall approve or disapprove the proposed improvement.
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. In the event no disapproval of such plans and
specifications is given within thirty (30) days of submission, the plans and specifications shall
be deemed to be approved by the Committee and construction pursuant to the plans and
specifications may be commenced. This provision shall not apply to plans and specifications
for homes which will be constructed by Declarant.
Section 9. 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 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
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responsible for any defect in a structure which was built pursuant to plans and specifications
approved by the Committee.
Section 10. 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 the
variation will not (1) place a detrimental 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 or Common Maintenance Areas. Granting such a variation shall not constitute a
waiver of the restrictions articulated in this Declaration. Variations shall only be granted in
extraordinary circumstances.
Section 11. 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 a legal action or appeal (see Article XIV,
Section 4).
ARTICLE XII
LAND USE RESTRICTIONS
Section 1. Residential Restrictions. All Lots within the Properties shall be used
solely for private single family residential purposes. Private single family Residences shall
consist of no less than one Lot.
Section 2. Property Use Restrictions. No Lot shall be used in a fashion which
unreasonably interferes with the Owner's right to use and enjoy their respective Lots or
Common Maintenance Areas. The Board, the Committee designated by it, or the Declarant
shall determine whether any given use of the Properties and/or Lot unreasonably interferes
with those rights and such determinations shall be conclusive.
Section 3. Prohibition of Nuisances and Untidy Conditions. No noxious or
offensive activityshall be conducted on anyLot or Common Maintenance 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 other Owners to use and enjoy any
part of the Properties. No activity or condition shall be conducted or maintained on any part of
the Properties which detract from the value of the Properties as a residential community. No
untidy or unsightly condition shall be maintained on the Properties.
Section 4. Fences, Walls & Shrubs. Fences, walls or shrubs are permitted to
delineate the Lot lines of each Lot, subject to the approval of the Committee, unless they
would interfere with easements reflected on the face of the Plat and/or other easements
elsewhere recorded. Fences, walls or shrubs shall be subject to the Design Guidelines set
forth and referenced to in Article XIII.
Section 5. Temporary Structures for Residential Purposes. No structure of a
temporary character or trailer, recreational vehicle, basement, tent, shack, garage, barn, or
other out buildings shall be used on any Lot at any time as a Residence, either temporarily or
permanently. No vehicles parked in public rights-of-way may be used temporarily or
•
permanently for residential purposes. All such structures shall be removed at the expense of
the Owner of the Lot on which the structure is located.
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 of shafts be permitted on or in any Lot. No derrick or other
structure designed for use in boring for oil or natural gas shall be erected, maintained or
permitted upon any Lot.
Section 7. Animals. No animals, other than dogs, cats, caged birds, tanked fish,
and other conventional small household pets, may be kept on any Lot. Animals shall not be
allowed to run at large. Animals shall be kept on a leash or otherwise confined in a manner
acceptable to the Board whenever outside the dwelling. Lot Owners shall be responsible for
the removal of their animal's waste wherever it is deposited within the Property. Dog runs
and enclosures shall be kept clean and odor free at all times. Those pets which are permitted
to roam free, or, in the sole discretion of the Board, make objectionable noise, endanger the
health or safety of, or constitute a nuisance or inconvenience to the occupants of other Lot
Owners, shall be removed on the Board's request. If the pet owner fails to honor such
request, the Board may remove the pet. Pets shall be registered, licensed and inoculated as
required by law.
If an investigation of the Board indicates animals are kept in violation of this section, the Board
shall give the Owner ten (10) days' written notice of the violation. Such violations must be
remedied by the Owner within ten (10) days. Failure to comply with the written notice will result
in a fine of $25 per day, plus late fees. The Association shall be entitled to attorneys' fees for
any action taken to collect such fines in accordance with the provisions of Article XIV, Section
4. If an Owner violates provisions of this section regarding pens and enclosures on more than
two (2) occasions, the Board may require the Owner to remove such structure.
Section 8. Delegation of Use and Responsibilities. Any Owner may delegate, in
accordance with the Bylaws of the Highlands Park Homeowners' Association, his right of
enjoyment of Common Maintenance Areas to members of his family, his tenants, or contract
purchasers who reside on the property. In the event an Owner rents or leases his property, a
copy of this Declaration, as well as any rules and regulations that may be adopted by the
Association, shall be made available by the Owner to the prospective renter at the time of
commitment to the rental agreement. Each Owner shall also be responsible for informing
guests and service personnel of the contents of this Declaration, as well as any rules and
regulations that may be adopted by the Association as they may relate to appropriate
community behavior.
Section 9. Trees and Outlooks. No trees, shrubs, or street trees, other than those
retained by Declarant when clearing the Properties, shall be allowed to grow to a size which
noticeably and unreasonably interferes with a outlook of significance from another residence.
In the event an Owner claims a tree(s) and/or shrub(s) unreasonably interferes with the
Owner's outlook of significance, the Owner shall notify the Association of such claim. The
Board of Directors shall determine whether the outlook is of significance and whether there
has been unreasonable interference with the outlook. Should the Board determine that there
is an unreasonable interference, it shall notify the Owner of such tree or shrub in writing,
specifying the nature of the interference, what should be done to eliminate the interference,
and the time in which such action must be taken.
Section 10. Protection of Trees. Owners shall not cut down street trees located
within the Properties. Owners shall notify the Board of any dead or diseased tree located on
their Lot and the Association shall determine if the tree should be removed.
ARTICLE XIII
BUILDING AND LANDSCAPING RESTRICTIONS
Section 1. Plans and Specifications Must be Approved. Any Residence or
temporary or permanent structure constructed in the Plat by a builder or Lot Owner other than
Declarant, or its members individually, must have their plans and specs reviewed and
approved by the Declarant, or Architectural Control Committee, if selected.
Section 2. General Building and Landscaping Restrictions. The following
general building and landscaping restrictions shall apply to the Declarant, builders and Lot
Owners. Declarant has also established design guidelines which Declarant, builders and Lot
Owners are subject to. The Design Guidelines are set forth in that document entitled Cavalero
Ridge Design Guidelines. The Declarant, or Board of Directors after the Development Period,
by majority vote, may change or modify the general building and landscaping restrictions and
the design guidelines to suit the needs of the Plat.
(i) Landscaping. Landscaping screening, hedges, and trees shall not be planted
on Lots in locations which will adversely impact the safe sight distance at
driveways and street intersections, or which unreasonably interfere with outlook
corridors of other Lot Owners. Trees shall not be grouped together in such a
manner which unreasonably interferes with outlook corridors of other Lots. Yard
art must be approved by the Architectural Control Committee.
(ii) Dog Runs and Enclosures. Proposed dog runs and enclosures must be
approved, in writing, prior to their construction by the Committee. All dog runs
visible from the street, side, or rear yard of another Lot shall be fenced or
screened with material approved by the Committee.
(iii) Accessory Structures. Accessory structures to the Residence may be
temporary or permanent and shall include, but not be limited to, spas, garden
sheds, play equipment, tool sheds, doll houses, gazebos, sports courts,
swimming pools, tents, air conditioning units, satellite dishes, and flag poles.
The Committee shall have full authority to determine what constitutes an
accessory structure and if it shall be allowed at all.
All proposed accessory structures must be approved, in writing, prior to its
installation and/or construction, by the Committee and by the Lot Owners who
will be affected by the proposed structure. Accessory structures shall be subject
to height restrictions, determined by the Committee. No accessory structures
shall be located on the Lot in an area which unreasonably interferes with
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outlook corridors; the quiet enjoyment of adjoining or affected Lot Owners; or
interferes with any retaining and/or keystone wall grids.
(iv) Signs. No signs, billboards, or other advertising structure or device shall be
displayed to the public outlook on any Lot, except one sign not to exceed four
(4) square feet in area, may be placed on a Lot to offer the Lot for sale or rent.
All such signs shall be of a quality equivalent to those used by Declarant.
Furnished model homes may have more than one sign for advertising purposes.
Signs may be used by the Declarant, or an agent of Declarant's, to advertise the
Lots during the construction and sale period, however the signs must be located
in areas which are not offensive to anyone.
The Committee may cause any sign placed on any Lot or any portion of the
Properties they feel are in violation of these restrictions to be removed or
destroyed.
(v) Sport Courts and Swimming Pools. Sport courts and swimming pools must be
approved by the Committee. No outdoor lighting shall be allowed unless
approved by the Committee. No outdoor activity, including, but not limited to,
noise, sports playing, and/or music, shall continue the curfew time established
by City Ordinance, if any; otherwise, as dictated by the Association.
(vi) Utilities and Satellite Dishes. In compliance with 47 C.F.R. Section 1.4000,
and any amendments or revisions thereto, "video antennas" as defined and
specifically permitted in 47 C.F.R. Section 1.4000 (relating to allowing certain
qualifying satellite dish antennas) are permitted except that no such device shall
be located on any lot in a location that is visible from the adjoining streets and
roadways, and shall not be located at the front elevation of the home. In the
event that a lot Owner cannot locate a video antenna in a location that is not
visible from the adjoining streets and roadways and it will unreasonably interfere
with the reception or will impose unreasonable costs on the lot Owner, the lot
Owner may locate the video antenna in an alternate location that allows for
adequate reception and signal strength and while still minimizing the impact of
the installation of the video antenna. All such antennas shall be properly
screened. It is the lot Owner's responsibility to ensure that the video antenna is
installed in the least obstrusive location on their lot. Lot Owners are
encouraged, but not required, to submit a notice to the Architectural Control
Committee ("Committee") identifying the type of video antenna to be installed
and the location of the installation at least seven (7) days prior to the installation
to allow the Committee time to review the location and determine whether an
alternative, less obtrusive location can be used. In any event, a lot Owner chall
notify the Committee after the installation of the video antenna to allow the
Committee to review the placement of the video antenna. The Committee may
(i) require additional screening and/or the painting of the video antenna to match
the color of the home so long as such action does not unreasonable interfere
with the signal strength or (ii) require the movement of the antenna if the
Committee is able to determine that an alternative location may be used that is
- a
(vii) Fences. No fence or wall shall be permitted to extend nearer to any street than
the minimum setback line, except that nothing shall prevent the erection of a
necessary retaining wall. All fences must be approved by the Committee. All
fences to be built shall be the same color and design as the fences constructed
by the Declarant unless otherwise approved by the Committee. All fences shall
comply with Renton City Codes as written now or hereafter amended. See
attached exhibit"c", fence detail.
Section 3. 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 governmental authority
and written approval of such permits from the Board, Committee or the Declarant. The
Committee must approve the plans for all construction or alteration proposals (see Article XI).
Section 4. Codes. All construction shall conform to the requirements of the State
of Washington codes (building, mechanical, electrical, plumbing) and local requirements
required by Snohomish County in force at the commencement of the construction, including
the latest revisions thereof.
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 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.
ARTICLE XIV
GENERAL PROVISIONS
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 thirty
(30) years from the date these covenants are recorded, after which time the covenants shall
be automatically extended for successive periods of ten (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 thirty (30) year period if fifty-one percent (51%) of the members vote 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 at
least fifty-one percent (51%) 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. The Declarant may, unilaterally, during the Development Period, file for record an
amendment to this Declaration legally describing the Other Parcels, as defined in Article XIV,
Section 8. All amendments must be filed with the office of the King County Auditor.
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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. Attorney's 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 sixty (60)
days, such fees shall become a lien against the Owner's lot.
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.
Section 7. Rule Against Perpetuities. In the event that any provision or provisions
of this Declaration violate the rule against perpetuities, such provision or provisions shall be
construed as being void and of no effect as of twenty-one (21) years after the death of the last
surviving incorporator of the Association or twenty-one (21) years after the death of the last
survivor of all the incorporators' children and grandchildren who shall be living at the time this
instrument is executed, whichever is later.
Section 8. Failure of Board to Insist on Strict Performance No Waiver. The
failure of the Board in any instance to insist upon the strict compliance with this Declaration or
rules and regulations of the Association, or to exercise any right contained in such documents,
or to serve any notice or to institute any action, shall not be construed as a waiver or a
relinquishment for the future of any term, covenant, condition, or restriction.
Section 9. Limitation of Liability. So long as a Director, Officer, or Declarant,
acting on behalf of the Board or the Association, has acted in good faith, without willful or
intentional misconduct, upon the basis of such actual information as is then possessed by
such Person, then no such Person shall be personally liable to any Owner, or to any other
Person, including the Association, for any damage, omission, error, or negligence of such
Person; provided that this provision shall not apply to the extent the liability of such person for
such act, omission, error, or negligence is covered by any insurance actually obtained by the
Board.
Section 10. Indemnification. Each Director, Officer, and Declarant shall be
indemnified by the Association, against all expenses and liabilities, including attorneys' fees,
reasonably incurred by or imposed in connection with any proceeding to which such person
may be a party, or in which such person may become involved, by reason of holding or having
held such position, or any settlement thereof, whether or not such person holds such position
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may be a party, or in which such person may become involved, by reason of holding or having
held such position, or any settlement thereof, whether or not such person holds such position
at the time such expenses or liabilities are incurred, except to the extent such expenses and
liabilities are covered by insurance actually obtained by the Board and except in such cases
wherein such Director or Declarant is adjudged guilty of willful misfeasance in the performance
of his or her duties; provided that in the event of a settlement, the indemnification shall apply
only when the Board approves such settlement and reimbursement as being for the best
interests of the Association.
IN WITNESS WHEREOF, the undersigned, being t e Declarant herein, have hereunto
set their hand(s)and seal(s) thisa 4 day of (OM , 2007.
DECLARANT
BURNSTEAD CONSTRUCTION COMPANY,
a Washington corporation
By F
Its ,
STATE OF WASHINGTON )
) ss.
COUNTYOFKING ��)
On this 02,3'ay of t�% b Lu J, 2007, before me, the nder ' ned, a no public in and
for the State of Washington, personally appeared 9/(g of
BURNSTEAD CONSTRUCTION COMPANY, a Washin on corpo tion, that executed the
within and foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and
on oath stated that he was authorized to execute the said instrument on behalf of said
corporation.
WITNESS MY HAND AND OFFICIAL SEAL hereto • ed the day and year first above
written.
NOT Y PUBLIC in and for the State
;�••uuenn",�,, of W
n, s' ing at
( r►°;��r �' ones
tsy�j� _z%I ir (Print Name) d
ii• _ 25t o*. My Commission Expires: b " - I (
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EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
LEGAL DESCRIPTION
PARCEL A:
LOT 1, KING COUNTY SHORT PLAT NUMBER 678063-R, RECORDED UNDER RECORDING NUMBER 7812110857.
PARCEL B:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 23
NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT NORTH 0028'02" WEST A DISTANCE OF 30.00 FEET AND NORTH 88'55'44" WEST A
DISTANCE OF 30.00 FEET FROM THE CENTER OF SAID SECTION 14; THENCE ALONG THE WESTERLY MARGIN
OF THE AUGUST GERBER ROAD (156TH AVENUE SOUTHEAST) AS CONVEYED TO KING COUNTY BY DEED
RECORDED UNDER RECORDING NO. 1094241, NORTH 0028'02" WEST A DISTANCE OF 472.53 FEET TO THE
TRUE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE CONTINUING NORTH 0028'02" WEST
A DISTANCE OF 157.51 FEET; THENCE NORTH 89'01'16" WEST A DISTANCE OF 1248.07 FEET TO THE EAST
UNE OF THE WEST 30.00 FEET OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE
ALONG SAID EAST UNE SOUTH 0013'02" EAST A DISTANCE OF 157.07 FEET; THENCE SOUTH 88'59'57"
EAST A DISTANCE OF 1247.82 FEET TO THE TRUE POINT OF BEGINNING;
EXCEPT THOSE PORTIONS CONVEYED TO FRANKLIN T. TETER AND C. LENA TETER, HUSBAND AND WIFE, BY
DEEDS RECORDED UNDER RECORDING NOS. 6400741 AND 6417877.
PARCEL C:
PARCEL A, CITY OF RENTON LOT UNE ADJUSTMENT NUMBER LUA-06-052-LLA, HIGHLANDS PARK,
RECORDED UNDER RECORDING NUMBER 20061011900002, IN KING COUNTY WASHINGTON.
PARCEL D:
LOT 4, KING COUNTY SHORT PLAT NUMBER 484106, RECORDED UNDER RECORDING NUMBER 8505170617.
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EXHIBIT"B"
MAP OF PROPERTY
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L3 N88'04'08"W 152.00 FOUND 1-1/2" BRASS CAP
L4 N00'29'11"E 00 W/PUNCH IN CONC. DN. 1.2' IN
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EXHIBIT "C"
FENCE DETAIL
Stain color—Parker"Woodlite"Semi-transparent (S-13)
POST
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