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HomeMy WebLinkAboutRC 20030528002021 . 1 Return Address: City Clerk's Office III II 1111 I II I II 11 III II I City of Renton 1055 Grady Way 20030528002021 Renton,WA 98055 CITY OF RENTON DECL 38.00 PAGE 001 OF 018 05/28/2003 13:28 KING COUNTY, WA 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. Woodbrier 2. 3. 4. Reference Number(s) of Documents assigned or released: Additional reference#'s on page of document Grantor(s) (Last name,first name,initials) 1. Sinclair Thimgan Homes,Inc. 2. • Additional names on page of document. Grantee(s) (Last name first,then first name and initials) 1. City of Renton 2. Additional names on page of document. Legal description (abbreviated: i.e. lot,block,plat or section,township,range) SE 'A of the SE V4 of Section 4,Township 23N,Range 5 East Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number ❑ Assessor Tax#not yet assigned 0423059123 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 f f ` ( 1 r 1 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF WOODBRIER SUBDIVISION March 1, 2003 THIS DECLARATION, supersedes and replaces in its entirety the "Protective Covenants Running with the Land for the Plat of "WOODBRIER", recorded under # 2003052.8 00 20'L4) THIS DECLARATION, made on the date hereinafter set forth by Sinclair Thimgan Homes Inc., hereinafter referred to as "Declarant". WITNESSETH: WHEREAS, Declarant is the owner of certain property in the County of King, State of Washington, which is more particularly described as fully set forth as Exhibit"A" hereto which is incorporated in full by reference as if fully set out. NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold & conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to the Woodbrier Home Owner's Association. Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities of the Declarant, of a fee simple title to any lot which is a part of the Properties, but excluding those having such interest merely as security for the performance of an obligation. 1 Section 3. "Properties" shall mean and refer to that certain real property herein described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 4. "Common Area" shall mean those portions of all real property (including the improvements thereto) which are held in equal and undivided interest by all the property owners at Woodbrier for the common use and enjoyment by the owners, or are upon right of way areas, however are to be maintained by the Association to enhance the general appearance of the Development. The areas to be held in joint ownership and/or right of way areas to be maintained by the property owners of this plat existing at the time of recording are described as fully set forth at exhibit "A" hereto which is incorporated in full by reference as if fully set out. Section 5. "Common Maintenance Area" shall mean those portions of all dedicated public right-of-way, Storm water system, Detention vault (including the improvements thereto) maintained by the Association. The area to be maintained by the Association at the time of recording of this Declaration is described in Exhibit A. All sign and plat identification areas ( including the maintenance or lighting and lighting fixtures of same if the sign be illuminated) pruning and otherwise maintaining, preserving and caring for the planted and landscaped areas identified at Section 4 hereof. Notwithstanding anything to the contrary herein, the Association shall have no duty, except as undertaken by the Association pursuant to Article III, Section 4, to maintain any property, including but not limited to, roads, gutters, curbs, sidewalks, and drainage systems which are or have been conveyed to the City, County,State, or any political subdivision thereof, as the case may be. Section 6. "Lot" shall mean to refer to any plot of land shown upon any recorded subdivision map of the Properties with exception to open space and roads. Section 7. "Declarant" shall mean and refer to Sinclair Thimgan Homes inc,,., their successors and assigns, if such successors or assigns should acquire more than one (1) undeveloped lot from the Declarant for the purpose of development. Section 8. "Board" or "Board of Directors" may be used interchangeably and shall mean the duly appointed or elected Board of Directors 2 • , of Woodbrier Home Owner's Association as provided in the Articles of Incorporation and Bylaws of said Association. Section 9. "Architectural Control Committee" shall mean the duly appointed or elected committee of the Board of Directors as outlined in Article VI of this Declaration, hereinafter referred to as the "Committee". ARTICLE II PROPERTY RIGHTS Section 1. Owners Easement of Enjoyment. The ownership of each lot shall include an undivided 1/16 interest in the Common Area. No lot owner shall, by act or omission, seek to abandon, partition, subdivide, encumber, sell or transfer the undivided interest in the Common Areas. Every owner shall have a right and easement of enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with the title to every lot, subject to the following provisions: A. The right of the Association to suspend the voting rights and right to use of the facilities by an owner for any period during which any assessment against his/her lots remains unpaid, and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations; B. The right of the Association to dedicate or transfer all or anypart of g the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedications or transfers shall be effective unless an instrument agreeing to such dedication or transfer signed by two-thirds (2/3) of each class of members has been accepted by the receiving public agency and recorded. Section 2. Effect on Insurance. Nothing shall be done or kept in any Common Area which will increase the rate of insurance on the Common Area ea or other lots or improvements without the prior written consent nt of the Board. Nothing shall be done or kept in any Common Area which will result in the cancellation of insurance or any part of the Common Area, or which would be in violation of any laws. Section 3. Alteration of Common Areas and Common Maintenance Areas. Nothing shall be altered or constructed in or removed from any Common 3 • Area or Common Maintenance Area except upon the prior written consent of the Architectural Control Committee and Board. Section 4. Dumping in common Areas and Common Maintenance Areas. No trash, plant or grass clippings, or other debris on any kind shall be dumped, deposited or placed on any Common Area and Common Maintenance Area. Section 5. Construction Activity. No structure shall be erected or placed on any lots or receive exterior alteration until the construction plans and specifications have been approved by the Architectural Controls Committee according to the provisions outlined in Article VI. Any dwelling or structure erected or placed on any lot in this subdivision shall be completed as to external appearance, including finishing staining, within nine (9) months after the date of commencement of construction. Variances may be granted by the Architectural Control Committee. Section 6. Building Setbacks. No structure shall be located on any lot nearer to the front, side and rear lot lined than the minimum dwelling setback lines required by the Renton Municipal Code. No portion of a dwelling on a lot shall be permitted to encroach upon another lot, or upon easement areas as delineated on the face of the plat or as otherwise recorded. Section 7. Building Materials. All homes constructed on each lot shall be built of new materials, with the exception of decor items such as used brick, weathered planking, and similar items. The determination of the Architectural Control Committee is to be rendered as to whether a used material is a decor item or not. All roofs are to be approved by the Architectural Control Committee. All visible masonry shall be native stone,brick or stucco. Section 8. Landscaping and Fencing. No permanent structures or landscaping of any kind, including fences, walls or shrubs, may be built or placed within any of the road right-of-ways and easements as delineated on the plat, except as deemed appropriate by the Architectural Control Committee and except as noted below, provided wood fencing may be erected on or within the property of the owner subject to same being temporarily moved, as is necessary to obtain access to the easement area as set forth on the plat herein. No fence shall extend further forward on the lot, than the front of the house upon the property. Front yard landscaping shall be completed and in place, as per plans approved by the Architectural Control Committee within three (3) months of 4 completion of building construction. The Board may grant an additional three (3) month extension for good cause shown. Fences, walls or shrubs are permitted to delineate the lot lines of each lot, subject to the Architectural Control Committee approval, subject further to said fences, walls or shrubs possible necessity of removal due to use of utility easements as contained on the face of the plat and other easements elsewhere recorded. No barbed wire, chain link or corrugated fiberglass fences shall be erected on anylot. All fences, open and solid, are to meet the standards set bythe P Architectural Control Committee and must be approved by the Committee prior to construction. The Architectural Control Committee has established a standard fence design (Exhibit C). The standard fence design can be installed on a Lot without approval of the Committee. Section 9. Temporary Residence. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or any other outbuilding, shall be used on any lot at any time as a residence, either temporarily or permanently. Section 10. Contractor. No home may be constructed on any lot by other than a contractor licensed as a general contractor under the statues of the State of Washington without prior approval of the Architectural Control Committee. Section 11. Wiring. The wiring to accessory buildings of any type shall be underground. Section 12. Antenna. No radio or television antennae, or transmitters shall exceed twenty (5) feet above the roof ridge line of dwelling, and no separate towers therefore shall be permitted. Parabolic reflectors (satellite dish antennae) shall not be permitted unless approved by the Architectural Control Committee and fully screened from view from the road. Section 14. Signs. No sign, billboard or other advertising structure or device shall be displayed to the public view on any lot except that one sign not to exceed six (6) square feet in area may be place on a lot to offer the property for sale or rent, and signs used by a builder to advertise the property during the construction and sales period will be permitted. Political yard signs, not more than two (2) square feet and of a temporary nature, will be allowed during campaign periods. The Committee may cause any sign placed on the Properties in violation of this provision to be removed and destroyed. 5 Section 15. Animals. No animals, except dogs, cats, caged birds, fish in tanks and,other small household pets will be permitted on any lot. Leashed animals or animals trained to respond to voice control are permitted within road right-of-ways. At no time will animals be permitted on road right-of-ways or other parts of the Properties unattended. Efforts must be made by the person accompanying animal to exercise "scooping" of animal waste. No animal or pet shall be allowed to become a nuisance to other property owners. The keeping of animals and/or pets shall be in compliance with such rules and regulations as may be promulgated by the Homeowner's Association. Section 16. Nuisances. No lot shall be used in whole or part of storage of anything which will cause a lot to appear in an unclean, disorderly or untidy condition. Boats, trailers, recreation vehicles, and disabled vehicles of any kind whatsoever shall not be stored upon the property unless within a built-in garage or screened from view from the road by a fence in conformity with the Covenants, Conditions and approved in advanced by the Architectural Review Committee. No noxious activity or thing shall be permitted on any lot which may be or become a nuisance or unreasonably interfere with the use and enjoyment of any part of the Properties. Section 17. Delegation of Use and Bylaws Responsibilities. Any owner may delegate, in accordance with the Bylaws of Woodbrier Home Owner's Association, his right of enjoyment of the common area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property. In the event that an owner rents or leases his property, a copy of this Declaration as well as any rules and regulations that may, in time, be adopted by the Association, shall be made available by said owner to the prospective renter at the time of commitment to the rental agreement and any such agreement shall require such tenant or contract purchaser to agree to be bound by the terms hereof. Each lot owner shall also be responsible for relaying to any guests and service personnel the contents of this Declaration, as well as any rules and regulations that may be adopted by the Association, as they may related to appropriate community behavior. Section 18. Land Use. No lot shall be used for anything other than residential purposes except that home occupation may be allowed as permitted by the Woodbrier Home Owner's Association and applicable ordinances, codes, laws or regulations, No dwelling shall be erected, altered, place or permitted to remain on any lot other than one detached single family dwelling not to exceed three stories in height, inclusive of basement, and a private enclosed car shelter for not less than two cars. No single structure shall be altered to provide residence for more than one family. 6 Section 19. Covenants Running with Land. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then- owners of the lots has been recorded, agreeing to change said covenants in whole or in part. ARTICLE III MAINTENACE OF EXTERIOR AND GROUNDS Section 1. Exterior Maintenance by Owner. Each lot shall be maintained by the owner thereof in a neat, clean and slightly condition at all times and shall be kept free of accumulation of litter, junk, containers, equipment, building materials, and other debris. Landscaping shall be kept in a neat and sightly condition-including mowing, trimming, prunning and other standard practices. All refuse shall be kept in sanitary containers concealed from view of any lot, and the containers shall regularly be emptied with the contents disposed of off the properties. No grass cutting, 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 compose device shall not be prohibited. No storage of goods, vehicles, boats, trailers, trucks, camper, recreational vehicles or other equipment or device shall be permitted on open view from any lot, EXCEPT this shall not exclude temporary (less than twenty- four (24) hours) parking or storage of vehicles on the lots, but if so stored, they shall require approval of the Architectural Control Committee. Upon forty-eight (48) hours notice to the owner of an improperly parked vehicles visible from the street that is or remains parked on any lot or within the public right-of-way that could require permanent open storage of vehicles within the driveway of a lot for a shore term period. Such special situations shall be reviewed by the Architectural Control Committee and, if approved by the Committee, shall be excepted from this covenant for the time period approved. Section 2. Exterior Maintenance by Association. In the event an owner shall fail to maintain the exterior of the premises and the improvements situated thereof in a manner consistent with established community standards, the Architectural Control Committee shall, upon receipt of written complaint by any owner, have the right through its agents and employees, to enter upon said parcel and to repair, maintain and restore the lot and the exterior of the buildings or any other improvements thereon if the owner shall fail to respond in a manner satisfactory to the Committee within forty-five (45) days after mailing of adequate notice by certified or registered mail, to the last known address of the owner. The cost of such repair, maintenance or restoration shall be assessed against the property, and the Committee shall have the right to cause to be recorded a notice of lien for labor and materials furnished, which lien may be enforced in the manner provided by law. In the event the estimated cost of such repair should exceed one-half of one percent (.5%) of the assessed value of said property and improvements, the Committee shall be required to have the assent of two-thirds (2/3) of each class of voting membership before undertaking such repair. Section 3. Responsibility for Common Maintenance Areas. There exists certain landscaped areas within the dedicated public right-of-way in the Plat of Woodbrier that are herein described as Common Maintenance Areas and are designated for screening and community identification purposes. The Association shall be responsible for the maintenance of Common Maintenance Areas. The quality of maintenance shall be equal to or better than standards set forth in Sec. 1. Section 4. Common Area/Common Maintenance Area Repair. Any damage to the Common Area or Common Maintenance Areas or the improvements thereof, including landscape plantings, fences, beams, etc., by the property owners or their children shall be repaired by said property owner within one week or the Architectural Control Committee shall execute said repair and Owner will immediately remit funds for billing. Unpaid assessment shall accrue interest at twelve percent (12%) per annum. Section 5. Maintenance of Landscaping in the Public & Private Right- of Way. The Association shall be responsible for the maintenance and care of any and all landscaping within the public right-of-way. The quality of maintenance shall be equal to, or better than standards set forth in Sec. 1. Section 6 Maintenance of Storm System. The Association will be responsible to maintain the Storm System and Detention Vault per city Standards. The association will maintain the access road to the Storm Vault. ARTICLE IV MEMBERSHIP AND VOTING RIGHTS Section 1. Every owner of a lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any lot which is subject to assessment. Section 2. The Association shall have tow classes of voting membership: 8 Class A. Class A members shall be all owners, with the exception of the Declarant, and shall be entitled to one vote for each Lot owned., When more than one person holds an interest in any Lot, all such persons shall be members, The vote for such Lot shall be executed as they determine, but in no event shall more than one vote be cast with respect to any Lot. Class B. The Class B member(s) shall be the Declarant, and shall be entitled to Three (3) votes for each Lot Owned. The Class B memberships cease and shall be converted to Class A membership when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership. Section 3. The Association shall have the right to suspend the voting right of an owner for any period during which any assessments against his lot remains unpaid; and for a period not the exceed sixty (60) days for any infraction of its published rules and regulation. ARTICLE V COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. Each owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the person who was the owner of such property at the time when the assessment fell due and created a lien upon the real properties subject to the provisions of Section 9 hereof. The personal obligation for delinquent assessments (as opposed to the lien upon the property, shall not pass to his successors in title unless expressly assumed by them. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the properties and for the improvement and maintenance of the Common Areas and Common Maintenance Areas, as provided in Article III. Section 3. Maximum Annual Assessment. Until January 1, 2004, the maximum annual assessment shall be $150.00 of which shall be allocated and paid to the Declarant for plan management serves provided the Association by 9 Declarant. Such allocation of funds to the Declarant shall cease when the Association assumes collection, bookkeeping and other management responsibilities from the Declarant as described in the Bylaws of the Association. (a) From and after January 1, 2004, the maximum annual assessment may be increased each year not more than five percent (5%) above the maximum assessments for the pervious year without a vote of the membership. (b) From and after January 1, 2004, the maximum annual assessment may be increased above five percent (5%) by a vote to two-thirds (2/3) of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose. (c) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. 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 upon the Common Maintenance Area or any improvements upon the Common Area not prohibited within this Declaration, including fixtures and personal property related thereto, provided that any such assessments shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Section 5. Notice and Quorum for any Action Authorized Under Sections 3 &4. Written notice of any meeting called for the purpose of taking any action authorized under Sections 3 & 4 of this Article V shall be sent to all members not less than thirty (30) days or more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to vote sixty percent (60%) of all votes of each class of membership shall constituent o quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. Section 6. Date of Commencement of Annual Assessments. Both annual and special assessments must be fixed at a uniform rate for all lots and may be collected on a monthly basis. 10 Section 7. Date of Commencement of Annual Assessments: Due Dates. The annual assessments provided for herein shall commence as to all lots on the first day of the sixth month following of the filing of the Plat of Newcastle Ridge The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment period. Written notice of the annual assessment shall be sent to every owner subject thereto. The due dates 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 of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments regarding a Lot is binding upon the Association as of the date of its issuance. Section 8. Effect on Nonpayment of Assessments; Remedies of the Association. Any assessments not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of twelve percent (12%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. The owner is responsible for payment of all attorney fees that are incurred with regard to collection of delinquent assessments. No owner may waive or otherwise be relieved of liability for the assessments provided for herein by non- use of the Common Area or abandonment of his Lot. Section 9. Subordination of the Lien to Mortgage. The lien of the assessments provided for herein shall be subordinated to the lien of any first mortgage or Deed of Trust, as the case may be. Sale or transfer of any Lot shall not affect the assessment lien; however, the sale or transfer of any Lot pursuant to the mortgage foreclosure or trustee's sale pursuant tot the terms of the first Deed of Trust, or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which become due prior to such sale or transfer. The first mortgage holder of the purchaser of the property at a trustee's sale or the holder of the deed in lieu of foreclosure shall hence forth be responsible as an owner for assessments coming due on the first day of the month following coming into title. Should assessments be made upon an annual basis and be made prior to the first day of the month following ownership, the new owner shall be responsible for a monthly prorated portion of said annual assessments. Section 10. Exempt Property. All property dedicated to, and accepted by, local public authority shall be exempt from the assessments created herein, except no land or improvements devoted to dwelling use shall be exempt from said assessments. 11 • Section 11. Insurance Lots. The Association shall have no obligation to pay any insurance on the Lots or the structures thereon except as expressly provided herein. ARTICLE VI ARCHITECTURAL CONTROL Section 1. There is hereby designated and appointed an Architectural Control committee consisting of two (2) members (hereafter called the "Committee"). Initial members of the Committee shall be Shelley Thimgan and William Thimgan. A member of the Committee may be removed by the board upon a vote of three members of the Board, except the initial Architectural Control Committee shall remain in office as provided in the unnumbered paragraph following. Shall a member of a committee or the Board resign, die or be unable to serve, a successor may be appointed by a unanimous vote of the remaining Board members for the balance of the unexpired term. The committee may unanimously designate one or more if its members or third party to act for and on behalf of the Committee with respect to both ministerial matters and the exercise of judgements vest in the Committee, subject to review by the Committee at the request of any member thereof. The address of the Committee shall be the registered office of the Association. In the event the Committee does not have more than three (3) members, action by the Committee must be unanimous approval of all members of the Committee. In the event the Committee has there (3) or more members, a majority of the entire committee is required for a decision of the Committee. No member of the Committee shall be entitled to any compensation for services performed on Declaration and shall have no financial obligation of any kind based upon his/her actions as a member of the Committee. The initial Architectural Control Committee shall remain on office until, at the Committee's option, 75% of all lots have been constructed upon and/or developer and/or owner have sold their interest in all lots in the development. At this time, the Committee shall notify the various owners of lots that it is relinquishing its duties in all respects. The elected Board of Directors shall appoint an Architectural Control Committee that shall assume the responsibilities and duties described herein. In the event that the initial Board of directors has not been replaced by an elected Board, an election of a new Board of Directors shall be held as provided in the Bylaws of the Association and the newly elected Board shall appoint an Architectural Control Committee. The newly appointed Committee shall not have architectural control of any lots that remain in the ownership of the Declarant. 12 Section 2. All buildings and improvements on a lot shall be a permanent construction and no temporary structure, trailer, ten, garage, outbuilding or other similar device shall be placed on any Lot except with permission of the Committee. No building, fence, wall or other exterior structure shall be commenced, erected, or maintained upon the Properties, nor shall any exterior addition to, or change or alteration therein, be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing by the Committee as to harmony of external design and location in relation to surrounding structures and topography provided, however, cedar fencing may be installed in a workman-like manner as allowed in Article II,Section 8 hereof. Section 3. 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 consisting of six (6) sets of 8-1/2 by 11 inch copies, and each shall be signed by the owner of the Lot or his authorized agent and shall contain the name and address of the person submitting the same and the Lot to be involved, and shall set forth the following with respect to the proposed structure: (a) plot plan; (b) floor plans; (c) front and rear elevations; (d) outline specifications; (e) legal descriptions and addresses for each lot; (f) the builder's name, phone number, and contact person; (g) such other information as may be required to determine whether such structure conforms with these Restrictions, and the standards set forth by the Architectural Control Committee. Exception: During the initial construction phase when Declarant is also acting as builder, informal verbal approval shall be acceptable. Section 4. Standards. The Committee shall have the authority to determine and establish standards involving aesthetic considerations of harmony of construction and color which it determines to be in the best interest of providing for attractive development of the Subdivision, which authority shall include but not be limited to the height, configuration, design and appearance of the dwelling and fences, walls, outbuildings, pools, and other structures appurtenant to the use of a dwelling. As to all improvements, construction and alteration, the Committee shall have the right to refuse to approve any design, plan or color. The Committee shall have the right to take into consideration the suitability of the proposed building or structure and the material of which it is to be built and the exterior color scheme, to the site on which it is proposed to erect the same, the harmony thereof with the surroundings, and the effect of the building or structure or alterations therein as planned on the outlook of the adjacent or neighboring property and any and all other factors which, in the committee's opinion, shall affect the 13 desirability or suitability of such proposed structure, improvement or alteration. Such determination may be amended and shall be binding on all persons. Section 5. Approval or Disapproval. Within thirty (30) days after the receipt of plans and specifications, the Committee shall approve and disapprove such plans and specifications which in its opinion do not conform to these restrictions or its aesthetic standards. Approval or disapproval shall be made upon one of the plans specifications. In the event that no approval or disapproval of such plans and specifications is given within thirty (30) days of submission in compliance herewith, copies of such plans and specifications shall be delivered to the Owner of each adjacent Lot within the Properties together with a statement to the effect that (1) the said plans and specifications have been submitted to the Committee; that (2) thirty (30) days have expired since the date of said submission and that (3) unless suit to enjoin the construction pursuant to the submitted plans and specifications is commenced within ten (10) days after the receipt of the delivered copies, construction will begin pursuant to said plans and specifications. If no suit to enjoin the constructions is commenced within ten P l (10) days of delivery of copies submitted plans, specifications and statement detailing above described items, said plan and specifications shall be deemed to be approved by the Architectural Control Committee and construction pursuant to said plans may be commenced. No Owner shall be enjoined or subjected to other equitable relief or be required to respond in damages to any other Owner or Owners for any action taken of construction commenced or completed with the approval of the Committee or subsequent to notice as herein provided. In all cases, the ultimate responsibility for satisfying all local governmental building codes and requirements, etc., rests with the homeowner or builder. The Architectural Control Committee shall be held harmless from building requirements not complied with. Section 6. Advisors. The Committee may appoint advisors from time to time to advise on matter pertaining to the properties. No person on the Committee or acting or it shall be responsible for any defect in any plan or specification submitted or approved nor for any defect in any work done according to such plans and specifications. Section 7. Variations. The Committee shall have the authority to approve plans and specifications which do not conform to these restrictions in order to overcome practical difficulties or prevent hardships in the application of these restrictions provided that such variations so approved shall not be materially injurious to the improvements of other Lots and shall not constitute a waiver of the restrictions herein contained by shall be in furtherance of the purposes and intent of these restrictions. 14 • , • ARTICLE VII GENERAL PROVISIONS Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Any disputes under this Declaration shall be controlled under Washington State Law. In any judicial action to enforce the contents of this Declaration, the losing party shall pay the prevailing party's attorney and consultant fees and costs, including those incurred in connection with any appeal. Failure by the Association or by any Owner to enforce any convenant or restrictions herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgement or court order shall in now way affect and other provisions which shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned, being the Declarant and Owners herein, have hereunto set their hands and seals this 3,7 day of j e , 2003 BY:(4A4 "V p,___ BY: 15 • • (STATE OF WASHINGTON) COUNTY OF KING On this Zi day of 4, - ---0 t— , 2003 before me, the undersigned,,�{ a Notary Public, personally appeared »1I- i1J� �-k_ , to me know to the of said corporation that executed the within 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 and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. ‘v� 'U,,,, ,••`0..LE L 4 it/ �• .0SIo:JF+y sf�.- o _No1'7R� T ,Ie in and for the State of Washington, residing at • v o3 B' ' :• d . L 604 . M commission expires •, Boa ,• a-? `VVq eW0% 16 J / • Exhibit A "Common Maintenance Areas" Defined. I. Areas: A) Storm system,storm detention vault, access road B) "Common areas' and "Common Maintenance areas" as defined in sections 4 and 5. 17