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HomeMy WebLinkAboutRC 20010108000667 ' f 20010108000667 Return Address: PAGE 0OF 1REF TO 8COV 25 00 �y,,,, 01/08/2001 11 40 L�Itv/� j/E/�Tt��S SGC— KING COUNTY, UA PO/VA- 33W Ae/t 1 �3 4v4 e1 -33 VY 4�r•.4 //he i.*� - Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (Rcw e5 04) Document Title(s)(or transactions contained therein) (all areas applicable to your document must be filled in) 1 CC R'5 2 3 4 Reference Number(s)of Documents assigned or released: Additional reference#'s on page of document LC/ CC) Grantor(s) (Last name first,then first name and initials) 1 CD 2 li p i/E�2C3 z,LC 3 C 4 ElAdditional names on page of document 0 cv Grantee(s) (Last name first,then first name and initials) 2 3 4 - Additional names on page of document Legal description(abbreviated i e lot,block,plat or section,township,range) ( 7 /LCA-We- ,Z4 Additional legal is on page of document Assessor's Property Tax Parcel/Account Number PO/— _ O Assessor Tax#not yet assigned OK° 05/ —U The Auditor/Recorder will rely on the mformation provided on the form The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein DECLARATION OF COVENANTS.CONDITIONS AND RESTRICTIONS OF CLOVER CREEK HOMEOWNERS ASSOCIATION THIS DECLARATION is made on the date hereinafter set forth by LABRADOR VENTURES, LLC,a Washington limited liability company,(hereinafter referred to as"Declarant") WITNESSETH WHEREAS, Declarant is the owner of certain property in Renton, King County, State of Washington,which is more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference,and WHEREAS,the Declarant has subdivided or will subdivide this real property and it is the desire and intention of the Declarant to sell this real property in the Development and to impose upon it mutually beneficiary restrictions under a general scheme of improvement for the benefit of all lots, tracts or lands in the c development, the future owners of those lands, and such other persons, corporations, or entities as may be c=' designated herein,and r--� cer WHEREAS,it is the desire and intention of the Declarant to establish and maintain a general plan cc for all property included in the Development which will result'in a residential area where property value, desirability,attractiveness and views will be enhanced and protected,and • WHEREAS, Declarant has created or shall create a Homeowners Association (Association) and e3 shall provide for the transfer or maintenance obligations thereto of certain tracts of real property and created " facilities as the Common Areas,and WHEREAS,the Association will accept certain obligations for the maintenance of the Common Areas as provided herein,now,therefore, Declarant hereby declares that all of the Properties descnbed above shall be held, sold and 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 1 1 "Association" shall mean and refer to the Clover Creek Homeowners Association, a nonprofit corporation,its successors and assigns 1 2 "Architectural Control Committee" (ACC) shall mean and refer to the Architectural Control Committee as described in Article VI of this Declaration 1 3 "Board of Directors" and "Officers" shall refer to the board of directors and officers of Clover Creek Homeowners Association G LLAWrYPE1C01M1MGMTCLOVERCREEK-CORS DOC -1" 12/27/00 1 4 "Common Area"shall mean all real property(including the improvements thereto)owned by the Association for the common use and enjoyment of the Owners of Clover Creek Development, including but not limited to,the easements for ingress,egress and utility purposes,Tracts A and B,and entrance signs,if any 1 5 "Declaration"shall mean and refer to this instrument and any future amendments and declarations 1 6 "Declarant" shall mean and refer to Labrador Ventures, LLC, its successors or assigns, if such successors or assigns should acquire more than one undeveloped lot from the Declarant for the purpose of development 1 7 "Development"shall refer to Clover Creek residential Development 1 8 "Lot"shall mean and refer to any plot of land shown upon any recorded subdivision map of the properties with the exception of the Common Area 1 9 "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 or will become a part of the Properties,but excluding those having such interest merely as security for the performance of an obligation Where a lot is being sold by real estate contract, the contract purchaser who resides on the property shall be deemed owner for membership purposes 1 10 "Properties" shall mean and refer to that certain real property hereinbefore descnbed, and such additions thereto as may hereafter be brought within the jurisdiction of the Association 1 11 "Resident" shall mean and refer to the person(s)in actual physical occupancy of a house for the purpose of using such house for his/her usual place of abode r„ 1 12 "Tract"shall mean those parcels identified on the plat as Tracts A and B UZI ARTICLE H C:7 HOMEOWNERS ASSOCIATION co 2 1 Formation. The Declarant shall cause to be formed with the recording of this Declaration,or in a • reasonable time thereafter, a nonprofit corporation under the laws of the State of Washington known as Clover o Creek Homeowners Association, whose objects and purposes shall be the furtherance and promotion of the • community welfare of the members,including the regulation,use,care,construction,operation,repair,maintenance • and preservation of the Common Area and the protection and benefit of its members and their property in said N Development as the Homeowners Association shall determine and as provided by its Articles of Incorporation and Bylaws,and any rules and regulations adopted pursuant thereto 2 2 Grantee's Acceptance The grantee of any Lot subject to these Declarations by acceptance of a deed conveying title thereto,or the execution of a contract for the purchase thereof,whether from Declarant or from a subsequent Owner of such Lot shall accept such deed or contract upon and subject to each and all of these declarations and the agreement contained herein, and by acceptance shall for himself, his heirs, personal representatives,successors and assigns,covenant,consent and agree to and with the Declarant,and to and with the grantees and subsequent Owners of each of the Lots within the Development, as now existing or as further subdivided in the future, to keep, observe, comply with and perform said Declarations and agreements Each grantee of a Lot agrees to be bound by the Articles of Incorporation and Bylaws, and rules and regulations herein, pursuant to the Clover Creek Homeowners Association, and grantees shall continue to be members thereof while retaining ownership of said Lot G LLAWTYPEICON MAGM11CLOVERCREEK-CCRS DOC -2- 1Z27IOO ARTICLE III MEMBERSHIP AND VOTING RIGHTS 3 l 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 3 2 All Owners including the Declarant shall be entitled to one(1)vote for each Lot owned When more than one (1)person holds an interest in any Lot,all such persons shall be members The vote for such Lot shall be exercised as they determine,but in no event shall more than one(1)vote be cast with respect to any Lot In the event an existing Lot is further subdivided,each of the Lots shall also be subject to this Declaration and shall be entitled to one(1)vote for each new Lot Owner As existing Lots are further subdivided,the overall number of Lots shall increase accordingly ARTICLE IV ?ROPERTY RIGHTS 4 1 Owner's Easements of Emoyment Every member shall have a right and easement of enjoyment in and to the Common Area and as reserved in the recorded plat,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 for access to each Lot during reasonable hours and c.; after reasonable notice (except in case of emergency) as may be necessary for the maintenance,repair,replacement or improvement of any Common Area accessible from that Lot C) CD (b) The right of the Association to dedicate or transfer all or any part of the Common Area tracts or roadways to any public agency, authority, or utility for such purposes The Declarant shall have the exclusive right to execute any necessary documents to dedicate the roadway and tracts to the City of Renton until seventy percent (70%) of the lots are sold No other dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by two-thirds (2/314) of the members has been recorded,and (c) The right of the Association and ACC to pass reasonable rules and regulations regarding the use and access of the Common Area 4 2 j)sc• All Lots shall be used solely and exclusively for private one family residences with appurtenant garages,provided that the Declarant may maintain a model unit or commercial sales office within a unit until such time as seventy percent(70%)of the Lots have been sold During this time,the Declarant may maintain signs on the Common Area advertising the Development and lots for sale No home or structure shall be permitted on any Lot without the prior approval of the ACC or Control Architect 4 3 Delegation of Use Any owner may delegate, in accordance with the Bylaws, his right of enjoyment to the Common Area and facilities to the members of his family,his tenants,or contract purchasers who reside on the property 4.4 Dedication of Accesses and Common Areas. All accesses and Common Areas set forth on the Development filed herewith are dedicated and reserved for Lot Owners,their families and guests All Lots will be subject to utility easements G URWTYPEVCOWNIAGM.CLOVERCREEK-CORS DOC -3- 1227100 4 5 Protection of Views The Lot Owners may request from one another that trees and/or brush be pruned,thinned or otherwise cleared to eliminate any unreasonable interference with a view The cost of pruning or thinning shall be borne by the lot owner seeking to protect their view The Board of Directors shall have the responsibility of determining whether trees or other vegetation on the premises of any lot by reason of increased size due to growth since construction of homes on adjacent lots,unreasonably interferes with the view of other residents within this Development In any case in which the Board of Directors shall determine that there is such interference, it shall send a notice in writing to the lot owner involved,which notice shall set forth the extent to which the trees or other vegetation shall be pruned or removed It-wain thirty(30)days after receipt of such notice,the lot owner has not caused the trees or other vegetation to be pruned or removed to the extent required by the Board,the Clover Creek Homeowners Association may hire a professional landscaper to do such work at its own expense or may charge the cost of such work to the lot owners of the Development who have requested the pruning or removal of such trees or other vegetation 4 6 Nuisances. No obnoxious or offensive activity shall be carried on or upon any Lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the Development A decision of the Board of Directors concluding an activity is obnoxious or offensive shall be conclusive 4 7 Garbage and Refuse Disposal No Lot shall be used or maintained as a dumping ground for rubbish,trash,garbage,cuttings or other wastes All rubbish,trash,garbage,cuttings or other wastes shall be kept in sanitary containers All incinerators or other equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition uo 4 8 Livestock and Poultry No animals,livestock or poultry of any kind shall be raised,bred or kept on any Lot,except that dogs,cats and other household pets may be kept,provided that they are not kept,bred or maintain for any commercial purposes Any dogs must be kept so as to minimize excessive noise from barking, c-, otherwise,such barking shall be considered a nuisance under these covenants (xx 4 9 Completion of Permanent Homes Unless otherwise approved the by ACC in writing,the exterior of any dwelling must be completed within one (1) year from the commencement of the construction Awnings, c, Cabanas,Garages and Carports must be constructed with new,complementary materials to the permanent home 4 10 Vehicle Parking. No Inoperable vehicles,motorcycles or other motorized apparatus(collectively c- "vehicle(s)")shall be stored on the premises or the streets within the Development No mechanical repairs shall be conducted upon the premises except minor maintenance and mechanical work by a resident of the Development on said resident's private vehicle,provided that any such conduct be in a manner which is not offensive to persons residing in the neighborhood, is not unsightly, does not result in unusual noise or debris being placed upon the premises and is in keeping with the residential development here involved If an owner refuses to remove an illegal vehicle,the Board of Directors(Board)shall have the power to remove the vehicle at the owner's expense Except with the approval of the Board,lot owners at no tune shall keep or permit to be kept on their premises any house trailer,unattached camper,recreational vehicle(R V),mobile home,boat,or boat trailer,unless the same is housed within a garage 4 11 Satellite Dishes Satellite dishes shall be allowed within the Development,provided that they are suitably screened from the street and neighboring lots and do not exceed four(4)feet in diameter and are neutral in color 4 12 Signs No signs of any kind nor for any use, except public notice by a political division of the state or as required by law, shall be erected,posted, painted or displayed on any building site or portion of this subdivision whatsoever, provided, however, that any builder may erect and display signs during the period of construction and sale of a lot in said development,and that any Owner wishing to sell or rent his or home may place one sign not larger than 600 square inches,advertising the property for rent or sale G 1UWTvPEICO{MHUGMTiCLOVERCREEK.CCRS OOC -4- 1287e0 4 13 Natural Dramaae Except with permission of the Board of Directors,the natural drainage of any lot shall not be changed 4 14 Extenor Light= Exterior lighting of any sort which is visible from any street or from any lot within the development shall not be installed without first obtaining written permission from the Architectural Control Committee 4 15 Sports Equipment No basketball backboard,or related equipment shall be affixed to any garage In addition, not portable basketball hoop,trampoline, or other similar sports equipment shall be used on any lot, unless the same is located in the rear yard and suitably screened from view from the street 4 16 Fence Reautrements All fences shall be well constructed of cedar, or other suitable fencing materials as approved by the ACC, and shall be artistic in design and shall not detract from the appearance of any dwelling located upon adjacent lots or building sites,or be offensive to the owners or occupants thereof ARTICLE V COVENANT FOR ASSOCIATION MAINTENANCE ASSESSMENTS 5 1 Creation of the Lien and Personal Obligation of Association Assessment The Declarant,for each co Lot within the Development,and each Lot subsequently created by further subdivision by Declarant or Owner, or otherwise,hereby covenants,and each Owner of any Lot by acceptance of a deed therefor,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 Association assessments,together with interest,costs and reasonable attorneys'fees,shall be charged on the land and shall be a continuing lien upon the property against which each such assessment is made Each such assessment,together with interest,costs and reasonable attorneys'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 The Declarant,however,shall not be obligated under this Covenant for Maintenance Assessments for unsold Lots 0 N 5 2 Purpose of Association 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 mamtenance, repair, replacement, emergency work, and capital improvement of the Common Areas The maintenance of the Common Areas includes the payment of real property taxes on such Common Areas,which shall have the highest pnonty in the utilization of assessments 5 3 Maximum Annual Association Assessment Until January 1 of the year immediately following the conveyance of the first Lot to an Owner,the maximum annual assessment shall be$400 00 per Lot (a) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased each year not more than ten percent (10%) above the maximum assessment for the previous year without a vote of the membership (b) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner,the maximum annual assessment may be increased above ten percent(10%)by a vote of two- thirds(2/3rds)of the members who are voting in person or by proxy,at a meeting duly called for this purpose (c) After consideration of the current maintenance and future needs of the Association,the Association may fix the annual assessment at an amount not in excess of the maximum G AWTYPEECGIMMAGM11CLOVERCREEK-CORS DOC _5_ 12/7/00 5 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 Areas and including fixtures and personal property related thereto,provided that any such assessment shall have the assent of two-thirds(2/3`6)of the vote of the members who are voting in person or by proxy at a meeting duly called for this purpose 5 5 Notice and Quorum for any Action Authorized Under Paragraph 3 and Paragraph 4 Written notice of any meeting called for the purpose of taking any action authonzed under Paragraphs 5 3 or 5 4 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 cast sixty percent(60%)of all the votes of the members shall constitute a 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. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting 5 6 Uniform Rates of Association Assessments Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis 5 7 Date of Commencement of Annual Association Assessments-Due Dates The annual assessments provided for herein shall,upon the election of the Declarant,commence for each Lot on the first day of the month following the conveyance of the Lot from the Declarant,or in the event the Declarant retains a Lot and constructs a residence,the date on which a certificate of occupancy is issued for the structure The first annual assessment shall be adjusted according to the number of months remaining in the calendar year The Board of Directors as provided in the bylaws shall fix the amount of the annual assessment against each Lot at least thirty(30)days m advance of c: each annual assessment period Wntten 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 c' a reasonable charge,furnish a certificate signed by an officer of the Association setting forth whether the assessment c, on a specified Lot has been paid A properly executed certificate of the Association as to status of assessments on a - Lot is binding upon the Association as of the date of its issuance 5 8 Effect of Nonpayment of Association Assessments - Remedies of the Association Any c-) assessment not paid within thirty(30) days after the due date shall bear interest from the due date at the rate of C 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 hen against the property in the manner provided for a Mechanics'Lien, except that the Association shall not be limited by the notice and time provision of RCW 60 04,et seq No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his/her Lot 5 9 Subordination of t]ie Lien to Mortgages The lien of the assessments provided for herein 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 mortgage foreclosure, or any proceeding in lieu thereof, shall extinguish the lien of the assessment as to payments which became due prior to such sale or transfer No sale or transfer shall relieve such Lot from liability for any assessments therefor becoming due,or from the hens thereof ARTICLE VI ARCHITECTURAL CONTROL COMMITTEE 6 1 Appointment and Membership There is hereby constituted an Architectural Control Committee (the"ACC") Until such time as seventy percent (70%)of the Lots have been sold,the Declarant shall have the G VLAWrYPE1COAD AGMflCLOVERCREEK-CCRS DOC -6- 12127100 right to select the members of the ACC Thereafter,the ACC shall be appointed by the Board Initially,the ACC shall be composed of Bradley K Hughes Daniel A Brewis P.O Box 3344 P O Box 1562 Kirkland,WA 98083 Woodinville,WA 98072 Matthew Pool P O Box 2197 Renton,WA 98056 A majority of the ACC may designate a representative to act for it, which representative shall be known as the Control Architect 6 2 Guidelines The ACC shall have the authority to adopt and amend written guidelines to be applied in its review of plans and specifications,in order to further the intent and purpose of this Declaration and any other covenants or restrictions covering the property If such guidelines are adopted, they shall be available to all members upon request 6 3 Meetmtts• The ACC shall meet as necessary to properly perform its duties, and shall keep and maintain a record of all actions taken at the meetings or otherwise Unless authorized by the Association, the members of the ACC shall not receive any compensation for their services All member shall be entitled to reimbursement for reasonable expenses incurred in connection with the performance of any ACC duties 6 4 Non-Waiver Approval by the ACC of any plans,drawings or specifications shall not be a waiver of the right to withhold approval of any similar plan,drawing,specification,or matter submitted for approval eJ 6 5 Liability Neither the ACC nor any of its members shall be liable to the Association or to any owner for any damage, loss or prejudice resulting from any action taken in good faith on a matter submitted to the ACC for approval or for failure to approve any matter submitted to the ACC The ACC or its members may consult ca with the Association or any owner with respect to plans,drawings or specifications,or any other proposal submitted • CD to the ACC ARTICLE VII • Cwt ARCHITECTURAL AND LANDSCAPE CONTROL 7 1 Approval of Plans Required Except as provided in Section 7 2 below, none of the following actions may be taken until plans and specifications for the same have been approved m writing by the ACC (a) The construction of private roads or driveways, (b) The construction or erection of any buildmg, fence, wall or other structure, including the installation,erection,or construction of any solar collection device, (c) The remodeling,reconstruction,or alteration of any road,driveway,building or other structure 7 2 Approval Not Required Notwithstanding any provision of this Declaration, the approval of the ACC shall not be required for G LLAWIVPEICGV+RMomilmGVERCREEK-CCR5 Doe -7_ 12/27100 (a) Action taken by Declarant to develop the Property in accordance with the Development Plan, (b) The construction of any attached home building,including townhouses,or (c) Minor development activity (including clearing and landscaping, etc) on any Lot upon which attached dwelling buildings may be built under the Development Plan 7 3 Procedure for Approval Any person wishing to take any of the actions described above shall submit to the ACC two(2)sets of plans and specifications showing (a) The size and dimension of the improvements, (b) The exterior design, (c) The exterior color scheme, (d) The exact location of the improvement on the Lot, (e) The location of driveways and parking areas, (f) The scheme for drainage and grading, (g) The proposed landscaping,and GC. (h) Proposed outdoor lighting ora Approval of such plans and specifications shall be evidenced by written notation on such plans and specifications, c� one(1)copy of which shall be delivered to the owner of the Lot upon which the proposed action is to be taken The - ACC shall not be responsible for any structural defects in such plans or specifications or in any building or structure erected according to such plans and specifications The ACC shall make its decision within 30 business days from the date the completed plans and specifications are submitted 7 4 Critena for Approval Approval of plans and specifications may be withheld or conditioned if the proposed action is at variance with these covenants, other covenants covering the Property, or design guidelines adopted by the ACC Approval may also be withheld or conditioned if, in the opinion of the ACC,the proposed action will be detrimental to the community because of the grading and drainage plan,location of the improvement on the Lot,color scheme, finish design,proportions,size of home,shape,height, style,materials,outdoor lighting proposed,or landscaping plan 7 5 Conformity With Approved Plans. It shall be the responsibility of the ACC to determine that actions have been completed in accordance with the plans as submitted and approved Such determination must be made within sixty(60)days of the completion of the action If the ACC shall determine that the action does not comply with the plans and specifications as approved,it shall notify the owner within that sixty(60)day period,and the Owner,within such tune as the ACC shall specify,but not less than thirty(30)days,shall either remove or alter . the improvement or take such other steps as the ACC shall designate ARTICLE VIII GENERAL PROVISIONS G.AWrYPE\CO1MMAGMi1CLOVERCREEK-CCRS 00C -8- 12/27/00 8 1 );nforcement The Association,or any Owner,shall have the right to enforce,by any proceedmg law or m equity,all restrictions,conditions,covenants,reservations, liens and charges now or hereafter imposed by the provisions of this Declaration Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall m no event be deemed a waiver of the right to do so thereafter 8 2 Severability Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect 8 3 Amendment The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten(10)years Until such time as seventy percent(70%)of the Lots are sold,Declarant shall have sole authority to amend this Declaration After this time,this Declaration may be amended during the first twenty (20) year penod by an instrument signed by not less than seventy-five percent (75%) of the Members, and thereafter by an instrument signed by not less than fifty-one percent (51%) of the Members Any amendment must be recorded 8 4 Declarant Control Until such time as seventy percent (70%) of the Lots have been sold, Declarant shall have sole authority to act on behalf of the Association 8 5 Annexation Additional residential property and Common Area may be annexed to the Properties with the consent of two-thirds(2/3rds)of the members. For purposes of this Declaration,annexation shall not mean any additional Lots created from the properties by short plat or otherwise ti IN WITNESS WHEREOF,the undersigned,being the Declarant herein,has hereunto set its hand and seal this a Isday of INR /? ,2000 0 LABRADOR VENTURES,LLC By �'. i Brad Hf es General M ger Declarant CAI I•C(NNic� STATE OF W irFaiNGrTON ) QC9.0 )ss COUNTY OFA— ) I certify that I know or have satisfactory evidence that Bradley K Hughes is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the General Manager of Labrador Ventures,LLC to be the free and voluntary act of such party for the uses and purposes mentioned in the Instrument DATED this?R day of_Pec ew.bcit ,2000 JOHN wows ) rY lkrrartlatan 1� •�C�►r1 [`�Ui (Name) t Moloy Rbec-canonic, NO�Q� PUBLIC,m and for the State of \'` •►% Mrankle County f'a4i residing at P .,1 n•, PCS er4- h*Carnr4ByilsaAtgaLrs1 My Commission Expires ii_2 �Of� G YAWTYPECO M MGMiiCLOVERCREEK-CCRS DOC -(9_ 12127/00 EXHIBIT A Legal Description PARCEL 1 The north 123 12 feet as measured at right angles to the north line of Tract 30 and All of Tract 31, Eldon Acres, according to the plat thereof recorded in Volume 11 of Plats, page 86, in King County,Washington. PARCEL 2 The west 100.00 feet as measured at nght angles to the west line of Tract 30, Eldon Acres, according to the plat thereof recorded in volume 11 of Plats, page 86, in King county, Washington, EXCEPT the north 123.12 feet as measured at right angles to the north line of said Tract 30, according to the plat thereof recorded in Volume 11 of Plats, page 86, in King County, Washington PARCEL 3 That portion of Government Lot 1, lying within the north 20 feet of the west 1042.7 feet of Section 5,Township 23 North,Range 5 East, W.M.,in King County,Washington; EXCEPT those portions whose interests were quieted under King County Superior Court Cause No 92-2-24469-1. • PARCEL 4 That portion of Government Lot 1, Section 5,Township 23 North, Range 5 East, W M., m King C 3 County,Washington,described as follows* Beginning at a point where the easterly line of Hillman Boulevard as shown on the plat of Hillman's Lake Washington Garden of Eden Addition to Seattle No 1, according to the plat thereof recorded in Volume 11 of Plats, page 63, in King County, Washington, extended, intersects the north line of said Section; thence south 89 degrees west along the north line of said Section, 168 8 feet to the true point of beginning; thence south 391.4 feet to the north line of Eldon Acres, according to the plat thereof recorded in Volume 11 of Plats,page 86, in King County, Washington; thence south 89 degrees west, 112.5 feet,thence north 391.4 feet;thence east 112.5 feet to the point of beginning, EXCEPT the north 30 feet thereof lying within the County Road; EXCEPT any portion thereof lying within that certain tract of land as deeded to Paul A Lapp by Warranty Deed recorded under Recording Number 2882752. GU-AWTYPEICOWIMGMTICLOVERCREEKKCCRSDOC -10- 1247!00 Exhibit"A"(continued) PARCEL 5 Beginning 1040 5 feet east and 306 feet south of the northwest corner of Government Lot 1, Section 5,Township 23 North,Range 5 East,W M,in King County,Washington, thence south 85.4 feet,more or less,to the north line of the plat of Eldon Acres, according to the plat thereof recorded in Volume 11 of Plats,page 86,in King County,Washington; thence along said plat line south 89 degrees west, 425 feet, more or less, to the angle corner of said Plat; thence along said plat line south 45 degrees west, 356 feet, more or less, to the easterly line of Lake Washington Boulevard; thence northwesterly along said Boulevard line, 75 feet,more or less, to a point on a line which is parallel with and 75 feet northwesterly from said plat line; thence north 45 degrees east, 410 feet, more or less to a point which is south 89 degrees west from the true point of beginning; thence north 89 degrees east,456 feet,more or less,to the point of beginning, EXCEPT that,portion lying easterly of the following described line. LLD Beginning at a point 30 feet south and north 89 degrees east, 812.5 feet from the northwest corner of Section 5,Township 23 North,Range 5 East,W M.,in King County,Washington; thence south to intersect with the north line of the plat of Eldon Acres, according to the plat "' thereof recorded in Volume 11 of Plats,page 86, in King County, Washington and the terminus r of said line. c+ ALSO KNOWN AS Lot 3,City of Renton Lot Line Adjustment Number 009-85, recorded under Recording Number 8602139002 PARCEL 6 That portion of Government Lot 1, Section 5, Township 23 North, Range 5 East, W M, in King County,Washington,described as follows: Beginning at a point where the easterly lme of Hillman's Boulevard(104th Avenue Southeast), as • shown on the plat of Hillman's Lake Washington Garden of Eden Addition to Seattle No 1, according to the plat thereof recorded in Volume 11 of Plats, page 63, in King County, Washington,extended could intersect the north line of said Section 5; thence running along said north line,north 89 degrees 03 minutes 45 seconds west, 168 8 feet; thence south 98 0 feet to the centerline of an existing stream and the true point of beginning, thence continuing south 293.67 feet to the north line of Eldon Acres Tracts; GILAWTYPEICONIMAGMTlCLOVERCREEK-CCR&DOC -11- 12127700 Exhibit"A"(continued) thence south 89 degrees 02 minutes 15 seconds east along said north line, 168.8 feet, thence north 205.9 feet to the centerline of said stream, thence northwesterly following centerline 194 feet,more or less,to the true point of beginning; EXCEPT any portion thereof lying easterly of the following described line Beginning at a point on the north line of Section 5,Township 23 North,Range 5 East,W.M., in King County,Washington,where the easterly line of Hillman Boulevard,as shown on the plat of Hillman's Lake Washington Garden of Eden Addition to Seattle No. 1, according to the plat thereof recorded in Volume 11 of Plats, page 63, in King County, Washington, would intersect the north line of said Section 5(the bearing of said north Iine being north 89 degrees 03 minutes 45 seconds West,King County Aerial Survey Meridian); thence south 1 degree 02 minutes 55 seconds west, a distance of 184.8 feet, more or less to the centerline of creek,said point being the north end of the line between Marenakos and Stride, thence continuing south 1 degree 02 minutes 55 seconds west,a distance of 206 95 feet,more or less,to the north line of Eldon Acres and the south end of line between Marenakos and Stride PARCEL 7 r-- East, W.M in King portion of Government Lot 1, Section 5,Township 23 North, Range 5 as, County,Washington,descnbed as follows: Beginning at a point 30 feet south and 30 feet east of the northwest corner of said Section 5; thence north 89 degrees east, 554.5 feet to the true point of beginning of the tract herein described, thence south 89 degrees west,254.5 feet; thence south 20 degrees east,240 5 feet; thence south 40 degrees east, 160 feet, thence north 45 degrees east, 108 feet, more or less, to a point south of the true point of beginning, thence north 89 degrees east,228 feet; thence north 276 feet, thence south 89 degrees west,228 feet to the true point of beginning, EXCEPT the following descnbed tract Beginning at a point 30 feet south and 30 feet east of the northwest corner of said section 5, thence north 89 degrees east, 554.5 feet to the true point of beginning of the tract herein described; thence south 89 degrees west,254.5 feet; thence south 20 degrees east,240 5 feet; thence south 40 degrees east, 160 feet, GVANRYPE\COMMAGMTCLOVERCREEKCCRSDOC -12- 12/27100 Exhibit"A"(continued) thence north 45 degrees east, 108 feet, more or less, to a point south of the true point of beginning; thence north to the true point of beginning. ALSO KNOWN AS Lot 2,City of Renton Lot Line Adjustment Number 009-85,recorded under Recording Number 8602139002 PARCEL 8 Beginning at a point 30 feet south and north 89 degrees east, 812.5 feet from the northwest corner of Section 5,Township 23 North,Range 5 east,W.M.,in King County,Washington, thence south 276 feet; thence north 89 degrees east,228 feet; thence north 276 feet; thence south 89 degrees west,228 feet to beginning; TOGETHER WITH the following described parcel: Beginning 1040 5 feet east and 306 feet south of the northwest corner of Government Lot 1, "' Section 5,Township 23 North,Range 5 East, W M.,in King County,Washington, LC thence south 85.4 feet,more or less,to the north line of the plat of Eldon Acres, according to the plat thereof recorded in Volume 11 of Plate,page 86, in King County,Washington, thence along said plat line south 89 degrees west, 425 feet, more or less, to the, angle corner of said Plat, thence along said plat line, South 45 degrees west, 356 feet,more or less,to the easterly line of Lake Washington Boulevard; thence northwesterly along said Boulevard line, 75 feet, more or less,to a point on a line which is parallel with and 75 feet northwesterly from said plat line; thence north 45 degrees east 410 feet, more or less, to a point which is south 89 degrees west from the point of beginning, thence north 89 degrees east,456 feet,more or less,to the point of beginning; EXCEPTING therefrom that portion lying westerly of the following descnbed line. Beginning at a point 30 feet south and north 89 degrees east, 812 5 feet from the northwest corner of Section 5,Township 23 North,Range 5 East,W M,in King County,Washington, thence south to intersect with the north line of the plat of Eldon Acres, according to the plat thereof recorded in Volume 11 of Plats, page 86, in King County, Washington and the terminus of said line G LAWTYPE5COWPMGMTCLOVERCREEK-CCRSDOC -13- 14/27/00 • Exhibit"A"(continued) • ALSO KNOWN AS Lot 1,City of Renton Lot Line Adjustment Number 009-85,recorded under Recording Number 8602139002. PARCEL 9 That portion of Government Lot 1, Section 5, Township 23 North,Range 5 Past, W.M, in King County,Washington,described as follows. Beginning at the intersection of the easterly line of Hillman Boulevard as shown on the plat of Hillman's Lake Washington Garden of Eden Addition to Seattle No 1, according to the plat thereof recorded in Volume 11 of Plats, page 63, in King County, Washington, with the north line of said Section 5, thence west along the north line of said Section, 168 8 feet to the true point of beginning of the tract herein described; thence east along said north line,60 feet; thence south to the centerline of creek; thence westerly along said centerline to a point south of the true point of beginning; thence north to the true point of beginning, EXCEPTING the north 30 feet thereof for road. L = PARCEL 10 That portion of the northwest quarter of the northwest quarter of Section 5, Township 23 North, r-. Range 5 East,W M,in King County,Washington,described as follows. CI) Beginning at a point 30 feet south and.30 feet east of the northwest corner of said Section 5; thence north 89 degrees east, 554 5 feet to the true point of beginning described; thence south 89 degrees west,254.5 feet; thence south 20 degrees east,240 5 feet, thence south 40 degrees east, 160 feet, thence north 45 degrees east, 108 feet, more or less, to a point south of the true point of beguaning,thence north to the true point of beginning. PARCEL 11 The south 10 feet of the north 30 feet of the east 554.5 feet of the west 584 5 feet of Government Lot 1,Section 5,Township 23 North, Range 5 East,W M,in King County,Washington G1[ANRYPEICOWFMGMTCLOVERCREEKCCRBDOC -14- 1227100 Exhibit"A"(continued) PARCEL 12 That portion of Government Lot 1, Section 5,Township 23 North, Range 5 East, W M , in King County,Washington,described as follows Beginning at the intersection of the easterly margin of Hillman's Boulevard "104th Avenue Southeast", as shown on the plat of Hillman's Lake Washington Garden of Eden Addition to the City of Seattle No 1, according to the plat thereof recorded in Volume I I of Plats, page 63, in King County,Washington,prolongated southerly with the north line of said Section 5, thence west along said north line,25 feet to the true point of beginning of this description, thence west 83.80 feet; thence south at right angles to the north line of said Section 5 to the centerline of a stream,said centerline being the north line of a tract of land conveyed to James L Marenakos and Georgia Marenakos, his wife, by deed recorded under Recording Number 5109221; thence easterly along said centerline to a point south of the true point of beginning, as measured at right angles to the north line of said Section 5; thence north to the true point of beginning, EXCEPT the north 20 feet thereof PARCEL 13 L, The east 108 8 feet of the following descnbed Parcel `-' The north 30 feet of that portion of the northwest quarter of Section 5, Township 23 North, Range 5 East, W.M, in King County, Washington, lying westerly of the southerly extension of the easterly margin of Hillman's Boulevard (104th Avenue Southeast) and lying easterly of the easterly margin of Neal Turner Road; EXCEPT the south 10 feet of the east 108 8 feet thereof; ALSO EXCEPT that portion thereof lying within the north 20 feet of the west 1042.7 feet of said Section, TOGETHER WITH an easement for ingress, egress and utilities over the following descnbed parcel. The north 30 feet of that portion of the northwest quarter of Section 5, Township 23 North, Range 5 East, W.M., in King County, Washington, lying westerly of the southerly extension of the easterly margin of Hillman's Boulevard (104th Avenue Southeast) and lying easterly of the easterly margin of Neal Turner Road; EXCEPT the east 110.8 feet thereof; EXCEPT that portion lying within the north 20 feet of the west 1042 7 feet of said Section, ALSO EXCEPT that portion lying within the south 10 feet of the west 554 5 feet of said Section 0{LAWTYPEtCO MKAGMTCLOYERCREEk-CORS OOC -15- 17)27/10 Exhibit"A"(continued) PARCEL 14 The north 30 feet of that portion of the northwest quarter of Section 5, Township 23 North, Range 5 Past, W.M., in King County, Washington, lying westerly of the southerly extension of the easterly margin of Hillman's Boulevard (104th Avenue S E.) and lying easterly of the easterly margin of Neal Turner Road; EXCEPT the east 110 8 feet thereof; ALSO EXCEPT that portion lying within the north 20 feet of the west 1,042 7 feet of said Section, ALSO EXCEPT that portion lying within the south 10 feet of the west 554.5 feet of said Section PARCEL 15 Beginning at a point on the easterly line of the Neal Turner County Road at a point which is 30 feet south and 30 feet east of the northwest corner of Government Lot 1, Section 5,Township 23 North,Range 5 East,W.M.,in King County,Washington; thence north 89 degrees east 300 feet; thence south 20 degrees east 240 5 feet; thence south 40 degrees east 160 feet,more or less,to a point on a line which is parallel with and 75 feet northwesterly from the northwesterly line of the plat of Eldon Acres,according to the plat thereof recorded in Volume 11 of Plats,page 86,records of said county, r' thence on said parallel line south 45 degrees west to the northeast line of Lake Shore Boulevard, thence northwesterly along said boulevard line 280 feet, more or less, to the easterly line of the Neal Turner County Road, thence northerly along said road lme to beginning. PARCEL 16 That portion of the northwest quarter of Section 5,Township 23 North, Range 3 East, W M, m King County,Washington,described as follows Beginning at a point on the north line of said Section 5 where the easterly line of Hillman Boulevard as shown upon the Plat of Hillman's Lake Washington Garden of Eden Addition to Seattle No. 1, according to the plat thereof recorded in Volume 11 of Plats, page 63, in King County,Washington,extended,would intersect the north line of said Section 5; thence south 391.40 feet,more or less,to the south line of the land conveyed by Fred W Rarey and Helen Rarey, his wife, by deed dated June 1, 1917, recorded in Volume 1129 of Deeds, Page 152,under King County Recording No. 1469521,records of said county; thence east 195.50 feet,more or less,to the westerly line the right of way of the Columbia and Puget Sound Railroad Company, G1lAWYPE\CO1MMGMTICLOVERCREEK-GCRSDOC -16- 1227/00 Exhibit"A"(continued) thence northeasterly along the westerly line of said right of way,to the north line of said Section 5, thence west along the north line of said section to the point of beginning; EXCEPT that portion thereof lying north of the south line of the creek; AND EXCEPT roads; ALSO the west 30 feet of the east 150 feet(as measured along the north line of said section)of Lc) that portion of the tract hereinabove described lying north of south line of said section of that c portion of the tract hereinabove described lying north of the south line of the creek; EXCEPT that portion. of the northeast quarter of the northwest quarter of said Section 5 conveyed to the Estate of Mary P Auge under King County Recording No 8508280811 in - settlement of King County Superior Court Cause No 85-2-00294-6, more particularly described as follows: CD Commencing at the intersection of the northwesterly margin of the abandoned Pacific Coast Railroad Company's New Castle Branch with the north line of said Section 5; thence north 89°03'45"west along said north.line 120.00 feet to the true point of beginning, thence continuing north 89°03'45"west 17 92 feet to an existing fence; thence south 01°12'40" west along said 103 21 feet to the northerly margin of said abandoned railroad,said point being on a curve to the center of which bears south 41°04'12"east, thence northeasterly along said margin on a curve to the right having a. radius of 934 904 feet for a distance of 25.26 feet, thence north 00°33'45"east 86.57 feet to the true point of beginning, C C C` G4AWI,PEICO{MFMGMTCLOVERCREEK-CCRSDOC -17_ 12127100