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Renton WA 98055 KING COUNTY, 1JA
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I am requesting an emergency nonstandard recording for an additional fee as provided in RCW
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obscure some part of the text of the original document.
Signature of Requesting Party
ti
DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS OF
MAPLETON HOME OWNERS ASSOCIATION
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TABLE OF CONTENTS
ARTICLE I page 1
DEFINITIONS
ARTICLE II page 3
PRE-EXISTING RESTRICTIONS
ARTICLE III page 3
DEVELOPMENT PERIOD; MANAGEMENT RIGHTS OF
DECLARANT DURING DEVELOPMENT
ARTICLE IV page 5
DEED AND DEDICATION OF EASEMENTS
ARTICLE V page 5
MAINTENANCE OF PRIVATE ROAD, STORM WATER
SYSTEM AND LANDSCAPING
ARTICLE VI page 6
ASSESSMENTS
ARTICLE VII page 8
MANAGEMENT BY BOARD
ARTICLE VIII page 9
USE OF PRIVATE ROAD
ARTICLE IX page 9
ROAD AND STORM WATER SYSTEM
ARTICLE X page 11
GENERAL PROVISIONS
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EXHIBIT A
Short Plat Recording Documents
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DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF
MAPLETON HOMEOWNERS' ASSOCIATION
This declaration is made on the date hereinafter set forth by Mapleton LLC
("Declarant"), who is the owner of certain land situated in the state of
Washington, county of King, known as Mapleton Short Plat, which is more
particularly described on the attached exhibit "A". In order to ensure the
maintenance of the private roadway and the private storm water system is
performed in such a way as to meet all City and State codes and requirements
relating to the private access road to the lots of Mapleton Short Plat and to the
continued operation and maintenance of the storm water system serving the lots
of the Mapleton Short Plat. All provisions of this Declaration shall be binding
upon all parties having or acquiring any right, title or interest in such lands or any
portion thereof and shall inure to the benefit of each owner thereof and to the
benefit of Mapleton Homeowners' Association and shall other wise in all respects
be regarded as covenants running with the land.
ARTICLE I
DEFINITIONS
For purposes of the Declaration and the Articles of Incorporation and the
bylaws of Mapleton Homeowners Association, certain words and phrases shall
have particular meanings as follows:
Section !. "Association" shall mean and refer to Mapleton Homeowners'
Association, its successors and assigns.
Section 2. "Board" shall mean and refer to the Board of Directors of the
Association, as provided for in Article X. For the purposes of exercising the
powers and duties assigned in this Declaration to the Board during the
Development Period, this term shall also mean the "Temporary Board" or the
"Declarant" as provided in Article III unless the language or context clearly
indicates otherwise.
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Section 3. "Properties" shall mean and refer to the real property
described with the particularity in Exhibit "A" and such additions to that property
which may hereinafter be brought within the jurisdiction of the Association.
Section 4. "Common Areas" shall mean and refer to all of the real
property (including the improvements thereto)owned by the Association for the
common use and enjo7yment of the members of the Association.
Section 5. "Common Maintenance Areas" shall mean those portions of all
real property (including the improvements thereto) maintained by the Association
for the benefit of the members of the Association. The areas to maintained by the
Association at the time of recording this Declaration are described as follows:
(a) The private street contained within the easement for access to the
Lots of Mapleton Short Plat, known as Blaine CT. NE, including rockeries and
any associated landscaping as agreed to by a majority of the members of the
Association.
(b) The entire storm water system within the private street easement
Including all pipes, catch basins and other structures associated the collection of
storm water.
(c) The bioswale and associated piping and catch basins located within
The easement on lot 4 dedicated for the purpose of managing storm water run off
and landscaping associated with this structure as determined a majority of the
members of the Association.
Section 6 "Lot" shall mean and refer to any plot of land shown upon any
recorded subdivision map of the Properties. Common Maintenance Areas are not
regarded as Lots.
Section 7. "Declarant" shall mean and refer to Mapleton LLC and its
managing members.
Section 8. "Development Period" shall mean and refer to that period of
time as defined in Article III of the Declaration.
Section 9. "Plat" shall mean and refer to Mapleton Short Plat as
approved and to be recorded in King County, Washington, under File No
(and legally described on Exhibit "A" attached hereto).
Section 10. "Residence" shall mean and refer to buildings occupying any
Lot.
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Section 11. "Owner" shall mean and refer to the record owner, whether
one or more persons or entities, of a fee simple title to any Lot which is a part of
the Mapleton Short Plat.
ARTICLE II
PRE-EXISTING RESTRICTIONS
If the Properties covered by the Declaration are already affected by
previous covenants, restrictions, conditions and encumbrances (collectively "prior
restrictions"), the Properties will continue to be subject to such prior restrictions to
the extent the prior restrictions are valid and legally enforceable.
ARTICLE III
DEVELOPMENT PERIOD; MANAGEMENT RIGHTS OF
DECLARANT DURING DEVELOPMENT
Section 1. Management by Declarant. Development Period shall mean
that period of time from the date of recording the Declaration until (1) the date
five (5) years from the date of recording this Declaration or (2) the thirtieth (30)
day after Declarant has transferred title to the purchasers of Lots representing
100% of the total voting power of all Lot Owners or (3) the date on which
Declarant elects to permanently relinquish all of Declarant's authority under this
Article III by written notice to all Owners, whichever date first occurs.
Notwithstanding anything in this Declaration to the contrary until termination of
the Development Period, either upon sale of the required number of Lots, the
expiration of five years, or at the election of the Declarant, the Property shall be
managed and the Association organized at the sole discretion of the Declarant.
Section 2. Notice to Owners. Not less than ten nor more the thirty days
prior to the termination of the Development Period, the Declarant shallg ive
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. Not withstanding any provisions of the Articles of Bylaws of the
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Association to the contrary, for the purpose of this meeting, the presence, either
in person or by proxy, of the Owners of four (4) lots shall constitute a quorum.
The Board of Directors and Officers of the Association may be elected by
majority vote in 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 Lot Owners to provide for the
operation of the Association.
Section 3. Declarant may in the Declarant's sole discretion, and at such
times as the Declarant deems appropriate (including in the Articles of
Incorporation of the Association, if the Declarant is the Incorporator of the
Association, appoint two persons who may be Lot Owners, or are representatives
of corporate entities or other entities which are Lot Owners, as a Temporary
Board. This Temporary Board shall be for all purposes the Board of Directors of
the Association, and shall have full authority and all rights, responsibilities,
privileges and duties to mange the Properties under this Declaration and shall be
subject to all provisions of the Declaration, the Articles and the Bylaws. Provided
that, after selecting a temporary Board, the Declarant, in the exercise of the
Declarant's sol discretion, may at any time terminate the Temporary Board and
reassume the Declarant's management authority under Article III or select a new
Temporary Board under this section of Article III.
Section 4. So long as no Temporary Board is managing the Properties or
until such time as the first permanent Board is elected, should the Declarant
choose not to appoint a Temporary board, Declarant or a managing agent
selected by the Declarant shall have the power and authority to exercise all the
rights, duties and functions of the Board and generally exercise all powers
necessary to carry out t the provisions of this Declaration, including, but not
limited to, enacting property and liability insurance, collecting and expending all
assessments and Association funds, and enforcing this Declaration (including
foreclosing and liens provided for by this Declaration). Any such managing agent
or the Declarant shall have the exclusive right to contract for all goods and
services, payment for which is to be made from any monies collected from
assessments. In the event that Association expenses exceed assessments, any
monies provided by Declarant for Association expenses that would otherwise be
paid for out of Association assessments shall be considered a loan to be repaid
to Declarant through regular or special assessments for the Association, together
with interest at 12 percent (12%) per annum.
Section 5. These requirements and covenants are made to ensure that
the properties will be adequately administered in the initial stages of development
and to ensure and orderly transition to Association operations. Acceptance of an
interest in a Lot evidences acceptance of this management authority in
Declarant.
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Section 6. Declarant shall have the management authority granted by
this Article III notwithstanding anything in this Declaration to the contrary.
Declarant, as the Incorporator of the Association, may cause the Association to
be incorporated, the Temporary Board to be appointed either in the Articles of
Incorporation of the Association of by separate written instrument, to terminate
the Temporary Board and reassume the Declarant's management authority
under this Article III, reappoint successor Temporary Boards, or take any other
action permitted by this Article III, all without affecting the authority given the
Declarant by this Article III to manage the Property and organize the Association
at the Declarant's sole discretion.
ARTICLE IV
DEED AND DEDICATION OF EASEMENTS
Section 1. Declarant hereby transfers and conveys to the Association for
the common use and enjoyment of the Association and the Owners all
easements created hereby for the purpose of landscaping, utilities and access.
The Declarant for the benefit of the Declarant, its successors and assigns, and
equal right to utilize all easements. The Declarant's and Association's right to use
such easements are subject to the right of access by City of Renton for the
purposes of maintaining sewer and water system and for emergency vehicle
access.
ARTICLE V
MAINTENANCE OF PRIVATE ROAD, STORM WATER SYSTEM AND
LANDSCAPING
Section 1. Responsibility for Maintaining Private Road and Storm Water
System. The Association is responsible for maintaining and preserving the
private road know as Blaine CT NE and for maintaining and keeping the Storm
Water collection system in good working condition per City of Renton codes and
requirements. The City of Renton shall have the right to enter said private
drainage easement to repair any deficiencies to the drainage facilities in the
event the Homeowners Associations is negligent in the maintenance of the
drainage facilities. In the event that the Homeowners Association fails to meet
the obligation to maintain the drainage facility then each property owner shall
assume and have an equal and undivided ownership interest in the drainage
facility and will have the attendant financial and maintenance responsibilities.
These areas are designated as easements on the face of the Plat.
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Section 2. Landscape Maintenance. It shall be the responsibility of the
Association to maintain the landscaping and appearance of the easement
containing the bioswale. Landscaping standards shall be set by a majority vote
of the members of the Association. The Association shall also be responsible for
repair and maintained to all rockeries adjacent to and part of the private road
easement.
ARTICLE VI
ASSESSMENTS
Section 1. 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 of charges, (2) special
assessments for capital improvements, and (3) any assessments made by
Declarant pursuant to this Declaration. If the Owner fails to timely pay any
assessments within thirty (30) days of the date specified by the Association or
Declarant , the annual and special assessments, together with any interest, costs
and any reasonable attorney's fees incurred to collect assessments, shall be a
lien on the land comprising the Lot and shall be continuing lien upon the Lot
against which such assessment is made. Each such assessment, together with
any interest, costs and reasonable attorney's fees incurred in attempting to
collect the assessment, shall also be the personal obligation of the person who is
the Owner of such Property at the time when the assessment fell due. The
personal obligation for delinquent assessments shall continue even if the Owner
subsequently transfers legal or equitable title to the Lot; however, the personal
obligation for delinquent assessments shall not pass to the delinquent Owner's
successors in ownership of the Lot unless expressly assumed by the
successor(s). The Association shall record such liens in the Office of the King
County Auditor.
Section 2. Purpose of Assessments. The assessments levied by the
Association shall be used exclusively to maintenance of the Private Road, the
Storm Water collection system, rockeries and associated landscaping within the
boundaries of these easements.
Section 3. Annual Assessment. The initial assessment shall be $100 per
year due on purchase of the property and on January 1st thereafter. The Board
of Directors shall determine the costs associated with maintenance of the road,
storm water collection system, associated landscaping and rockeries and adjust
the annual assessment accordingly. The annual assessment may be increased
or decreased based on actual costs associated with the maintenance of facilities.
Assessment increases must be approved by a majority of the Association
members.
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Section 4. Special Assessment of Capital Improvements. In addition to
the annual assessments authorized above, the Association may levy, in any
assessment year, a common 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 related to the
private road, rockeries, storm water collection faculties and related landscaping.
Any such special assessments exceeding $5,000.00 shall have the assent of
two-thirds (2/3) of the members of the Association 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 and 4. Written notice of the place, day, hour, and purpose of any meeting
called for the purpose of taking any action authorized under Section 3 and 4 of
this Article shall be sent to all members not less than thirty (30) days nor more
than fifty (50) days in advance of the meeting. At the first meeting called , the
presence of 60 percent (60%) of the members of the association or of proxies
entitled to cast votes of the association shall constitute a quorum If the required
quorum in not present, another meeting may be called subject to the notice
requirement. The required quorum at the subsequent meeting shall be one-half
(1/2) of the required quorum at the preceding meeting. In the event that a quorum
is still not achieved at the second meeting, the Declarant, during the
Development Period, shall have the sole and exclusive authority to initiate a
special assessment and carry out capital improvements more full described in
Section 4 herein without first obtaining approval of the required number of
members of the Association.
Section 6. Uniform Rate of Assessment. Both the annual and special
assessments arising under Article VI must be fixed at a uniform rate for all Lots.
Assessments shall be collected on a monthly, bi-monthly, quarterly or annual
basis as determined by the Declarant during the Development Period, or by the
Association for periods after the Development Period.
Section 7. Date of Commencement of Annual Assessment: Due Dates.
The annual assessments described in this Article shall commence during the first
calendar month following recording of the plat of Mapleton. The first annual
assessment for each Lot owner shall be adjusted according to the number of
months remaining in the calendar year calculated from the date of recording of
the division in which the lot is located. 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 of
the Association setting for the whether the assessment on a specified Lot has
been paid. A properly executed certificate of the Association as to the status of
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assessments on a Lot is binding upon the Association as of the date of its
issuance.
Section 8. 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 from the due date at the rate of 12 percent (12%) per annum.
Each Owner hereby expressly vests in the Declarant during the Development
Period, the Association after the Development Period, or their agents the rights
and powers 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 Declarant or to the
Association, as applicable, the power of sale in connection with such liens. The
liens provided for in this Section shall be in favor of the Association and 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 terms of
assessment liens.
Section 9. Management by Declarant during the Development Period.
Declarant, at its option, shall have and may exercise all of the rights and powers
herein given to the Association. Such rights and powers are reserved by the
Declarant, it successors and assigns as provided in Article III. Declarant shall
have the right and option to Assess Owners for Actual cots of maintaining the
private road, the storm water system and associated landscaping during the
development period.
ARTICLE VII
MANAGEMENT BY BOARD
Section 1. Expiration of the Development Period. Upon expiration of the
Declarant's management authority under Article III, all administrative power and
authority shall vest in a Board of three directors who need not be members of the
Association. The Association, by amendment of the bylaws, may increase the
number of directors. All Board positions shall be open for election at the first
annual meeting after termination of the Development Period under Article III.
Section 2. Terms. The terms which the Board members will serve are
defined in the bylaws.
Section 3. Powers of the Board. All powers of the board must be
exercised in accord with the specifications which are set for in the bylaws. The
board, for the benefit of all of the Properties and the Lot Owners, shall enforce
the provisions of this Declaration and the Bylaws. In addition to the duties and
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the powers imposed by the bylaws and any resolution of the Association that
may be hereinafter adopted, the Board shall have the power and be responsible
for the following, without limitation. Obtain insurance, legal and accounting
services, pay for costs of maintaining the private road, the storm system and
related landscaping, discharge of liens and other encumbrances, the right to
contract for goods, services, maintenance, and capital improvements in accord
with this declaration, make capital improvements in accordance with the
provisions of this declaration, pay for all goods and services obtained by the
Association and perform any other functions in the management of the
association and in accordance with this declaration and Association by laws.
ARTICLE VIII
USE OF PRIVATE ROAD
The use of the private road is for purposes of ingress and egress to the
lots of Mapleton Short plat and for emergency services. Per The City of Renton
Fire Department and related City Codes, all parking must be in the driveways
serving each lot and no parking is allowed on the private street. Signs stating
this must be in place and maintained by the Association.
ARTICLE IX
ROAD AND STORM WATER SYSTEM MAINTENANCE
Section 1. Road Maintenance Agreement. This road maintenance agreement
applies to the private roadway being created to serve lots with the Mapleton Short Plat,
LUA-01-158, in Renton, WA and is binding on Lots 1 through 7 .
All lots within the Mapleton Short Plat are bound without option to this
agreement.
a) Road Maintenance: The road referred to above is not part of the City of
Renton road system and will not be maintained by the City of Renton. Therefore, the
following rules and regulations shall apply:
b). Costs: The cost of maintaining and reconstruction of the road will be the
responsibility of the landowners whose property is located in the Mapleton Short plat and
includes lots 1 through 7. These costs shall include improvement, reconstruction,
brushing, grading, drainage and any other work necessary to keep the road in serviceable
condition. The cost of labor and the purchase of materials in connection with the road
maintenance, repair and any capital improvements shall be shared equally among the
owners of the property. No cost or expense shall be incurred without the consent of the
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majority of the lots served by the road. For the purpose of determining the work on the
road, each lot owned shall be entitled to one vote. Lot, as used herein, shall mean any lot
as shown on the recorded Mapleton Short Plat. No party shall refuse to join in the
reasonable expenditure of funds required for reasonable maintenance and reconstruction.
Any party who personally or through invitees causes unreasonable damage to the road
will be solely responsible for the repair.
b) Homeowners' Association: Mapleton Homeowner's Association will
determine road upkeep and maintenance needs, including decisions pertaining to
surface of road, perimeter landscaping, if any, upkeep of no parking signs, rockeries
within easements and any other issues related to keeping the access road in good
conditions. All costs and expenses, including the cost of any independent contract, shall
be assessed according to the terms of this declaration.
Section 2. Storm Water System Maintenance Agreement. This road
maintenance agreement applies to the private roadway being created to serve lots with the
Mapleton Short Plat, LUA -01-158, in Renton, WA and is binding on Lots 1 through 7 .
All lots within the Mapleton Short Plat are bound without option to this
agreement.
c) Storm Water System: The storm water collection system is not part of the
City of Renton public storm system and will not be maintained by the City of Renton.
Therefore, the following rules and regulations shall apply:
b). Costs: The cost of maintaining and reconstruction of the storm water system
will be the responsibility of the landowners whose property is located in the Mapleton
Short plat and includes lots 1 through 7. These costs shall include improvement,
reconstruction, catch basin cleaning, bioswale maintenance and any other work necessary
to keep the system in serviceable condition. The cost of labor and the purchase of
materials in connection with the maintenance, repair and any capital improvements of
this system shall be shared equally among the owners of the property. No cost or expense
shall be incurred without the consent of the majority of the lots served by the system,
except that the City may require maintenance of the system. For the purpose of
determining the work on the system, each lot owned shall be entitled to one vote. No
party shall refuse to join in the reasonable expenditure of funds required for reasonable
maintenance and reconstruction
c) Homeowners' Association: Mapleton Homeowner's Association will
determine storm water system upkeep and maintenance needs, including decisions
pertaining to catch basin cleaning, upkeep of landscaping, if any, repair, replacement
and any other issues related to keeping the storm water collection system in good
working condition. All costs and expenses, including the cost of any independent
contract, shall be assessed according to the terms of this declaration.
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A
Section 6. Interest. All assessments, penalties, liens, fines and other
charges shall bear interest, if not paid when due, at the rate of 12 (12%) per
annum until paid in full. The interest shall accrue form the due date.
Section 7. Successors and Assigns. The covenants, restriction and
conditions articulated in this Declaration shall run with the land and shall
accordingly be binding on all successors and assigns.
Section 8. Severability. The invalidity of any one or more phases,
clauses, sentences, paragraphs or sections hereon shall not affect the remaining
portions of this Declaration or any par thereof. In the event that one or more of
the phrase, clauses, sentences, paragraphs or section contained herein should
be invalid, the Declaration shall be constructed as if the invalid phrase, clause,
sentence paragraph or section had not been inserted.
IN WITNESS WHEREOF the undersigned, being the Declarant herein,
have hereunto set their hand and seal this 2046 day of APRIL ZOc - .
% 7 JLLQ
Mapleton LLC by
Mic ael J. Prittie
Managing Member
STATE OF )
) ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that Michael J. Prittie signed
this instrument, on oath stated that he was authorized to execute this instrument
and acknowledged it as the Managing Member of Mapleton LLC to be the free
and voluntary act of such part for the uses and purposes mention in the
instrument.
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