HomeMy WebLinkAboutRC 20020228001892 1 [
Return Address:
AFTER RECORDING RETURN TO:
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CITY OF RENTON
CITY CLERK'S OFFICE
1055 South Grady Way
RENTON, WA 98055-2189 20020228001892
CITY OF RENTON DPC
PAGE 003 OF 036 44.00
02/28/2002 33:38
KING COUNTY, Wq
Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet(RCW 65.04)
Document Title(s)
1. Declarations, Covenants,Easements and Restrictions for Morgan Place
Reference Number(s)of Documents assigned or released:
O Additional reference numbers are on page
Grantor(s) (Last name first,then first name and initials)
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CO 1. Morgan Court Investors,LLC.
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2.
0 Additional names on page of document.
N Grantee(s) (Last name first,then first name and initials)
cv 1. CITY OF RENTON
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tv 0 Additional names on page of document.
Legal description(abbreviated: i.e.lot,block,plat or section,township,range)
Parcel B West Y2 SE 1/4 SE 'A SE 'A Sec 10 Twn 23 N Rge 5E
Parcel C East Y2 SE 1/4 SE 1/4 SE 1/4 Sec 10 Twn 23 N Rge 5E
Parcel D Tracts 1 &4 Black Loam Five Acre Tracts
Parcel E The West 120 feet of the West 'h of Tract 1 Black Loam Five Acre Tracts
❑ Additional legal on page C of document.
Assessor's Property Tax Parcel/Account Number:
Joa3us .. J / ux..3�is- go3i - y ° 6
O Assessor Tax#not yet assigned c g 47/o • U OO j'- G o` Prop.Mgmt Initials
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AFTER RECORDING RETURN TO:
CITY OF RENTON
1055 S. Grady Way 6th Floor
Renton,Washington 98055
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CIO
DECLARATIONS OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR MORGAN PLACE
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DECLARANT: MORGAN COURT INVESTORS, LLC.
1. 1 4
LAST UPDATED 02/11/02
TABLE OF CONTENTS
Article 1 Definitions 4
Article 2 Property Subject To This Declaration - 6
2.1 Property Hereby Subjected To This Declaration 6
2.2 Addition of Other Property 6
2.3 Notice of Addition of Other Property 6
Article 3 Association Membership and Voting Rights 7
3.01 Organization 7
3.1 Membership 7
3.2 Voting 7
Article 4 Assessments 8
4.1 Purpose of Assessment 8
4.2 Initial Assessments 9
C„ 4.3 Date of Commencement of Annual Assessments 9
en 4.4 Annual Assessments 9
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.- 4.5 Computation 9
a 4.6 Specific Assessments 10
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co 4.7 Special Assessments 10
cv 4.8 Continuing Liability 10
N 4.9 Application 11
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4.10 Certificates 11
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p 4.11 Effect of Nonpayment of Assessments: Remedies of the Association 11
N 4.12 Creation of the Lien 11
4.13 Budget Deficits During Declarant Control 12
Article 5 Maintenance 12
5.1 Association's Powers and Responsibility 12
5.2 Owner's Responsibility 13
5.3 Conveyance of Common Property by Declarant to Association 13
Article 6 Use Restrictions and Rules 13
6.1 General 13
6.2 Residential Use 14
6.3 Architectural Review Committee 14
6.4 Architectural Standards 14
6.5 Siding, Roofs and Windows 15
6.6 Landscaping 16
6.7 Fences 16
6.8 Lighting 16
6.9 Driveways-Parking 16
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6.10 Vehicles 17
6.11 Signs 17
6.12 Antennas 17
6.13 Garbage Cans, Woodpiles, etc. 17
6.14 Leasing 18
6.15 Occupants Bound 18
6.16 Animals and Pets 18
6.17 Nuisance 18
6.18 Unsightly or Unkempt Conditions 19
6.19 Subdivision of Lot 19
6.20 Guns 19
6.21 Mailboxes 19
6.22 Exterior Security Devices 19
6.23 Drainage-Water Valves 19
Article 7 Insurance and Casually Losses 20
7.1 Insurance on Common Property 20
cc' 7.2 Liability Insurance 20
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7.3 Policy Provisions 20
0 7.4 Premiums 21
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7.5 Damages and Destruction-Insurance by Association 21
c-4 7.6 Damage and Destruction-Insured by Owners 22
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Article 8 Condemnation 22
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NArticle 9 Mortgagee Provisions 23
9.1 Notices of Action 23
9.2 No Priority 23
9.3 Notice to Association 23
9.4 Applicability of Article 9 23
9.5 Amendments By Board 24
Article 10 Easements 24
10.1 Easements for Use and Enjoyment 24
10.2 Easements for Utilities 25 '
10.3 Easement for Entry 25
10.4 Easement for Maintenance 25
10.5 Easement for Entry Features 26
10.6 Construction and Sale Period Easement 26
Article 11 Development Period 26
11.1 Development Period 26
11.2 Amendment by Declarant 27
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Article 12 General Provisions 27
12.1 Enforcement 27
12.2 Duration 27
12.3 Amendment 28
12.4 Partition 28
12.5 Gender and Grammar 28
12.6 Sever ability 28
12.7 Captions 28
12.8 Perpetuities 29
12.9 Indemnification 29
12.10 Books and Records 29
12.11 Financial Review 30
12.12 Notice of Sale, Lease or Acquisition 30
12.13 Agreements 30
12.14 Implied Rights 30
12.15 Variances 30
ry 12.16 Litigation 30
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Exhibit Name
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CV A Description of Common Property
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B Map of Common Property
C Real Property Submitted -Community
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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
MORGAN PLACE
THIS DECLARATION is made on the date hereinafter set forth by MORGAN COURT
INVESTORS, LLC., a Washington Limited Liability Company(hereinafter sometimes called "Declarant").
WITNESSETH
WHEREAS, Declarant is the owner of the real property described in Article 2, Section 2.1 of this
Declaration; and
WHEREAS, Declarant desires to subject the real property described in Article 2, Section 2.1
hereof to the provisions of this Declaration to create a residential community of single-family housing to
the provisions of this Declaration,
NOW, THEREFORE, Declarant hereby declares that the real property described in Article 2,
Section 2.1 of this Declaration, including the improvements constructed or to be constructed thereon, is
C„ hereby subjected to the provisions of this Declaration and shall be held, sold, transferred, conveyed,
cr' used, occupied, and mortgaged or otherwise encumbered subject to the covenants, conditions,
restrictions, easements, assessments, and liens, hereinafter set forth, which are for the purpose of
protecting the value and desirability of, and which shall run with the title to, the real property hereby or
cc, hereafter made subject hereto, and shall be binding on all persons having any right, title, or interest in all
cv or any portion of the real property now or hereafter made subject hereto, their respective heirs, legal
o representatives, successors, successors-in-title, and assigns and shall inure to the benefit of each and
every owner of all or any portion thereof.
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Article 1
Definitions
The following words, when used in this Declaration or in any Supplementary Declaration shall
have the following meanings:
(a) "Association" shall mean Morgan Place Homeowners Association, a Washington
nonprofit corporation, its successors and assigns.
(b) "Board of Directors" or "Board" of the Association shall be the appointed or elected
body, as applicable, having its normal meaning under Washington law.
(c) "Bylaws"shall refer to the Bylaws of Morgan Place Homeowners Association.
(d) "Common Property" shall mean the real and personal property and easements and
other interests therein, together with the facilities and improvements located thereon,
now or hereafter owned by the Association for the common use and enjoyment of the
Owners. The Common Property is described on Exhibit A and delineated on Exhibit B.
(e) "Community" shall mean and refer to that certain real property and interests therein
described in Exhibit C, attached hereto.
(f) "Community-Wide Standard" shall mean the standard of conduct, maintenance, or
other activity generally prevailing in the Community. Such standard may be more
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specifically determined by the Board of Directors of the Association. Such
determination, however, must be consistent with the Community- Wide Standard
originally established by the Declarant.
(g) "Declarant" shall mean and refer to Morgan Court Investors, LLC, and its successors-
in-title, provided any such successor-in-title acquires all or any portion of the real
property described in Exhibit C attached hereto, and provided further, in conjunction
with the conveyance to any such successor-in-title, such successor-in-title is
designated as the "Declarant" by the Declarant hereunder in a separate instrument to
be recorded at the time of such conveyance; and provided further, upon such
designation of such successor Declarant all rights of the former Declarant in and to
such status as "Declarant" hereunder shall cease, it being understood that as to all of
the property described in Exhibit C, attached hereto which is now or hereafter
subjected to this Declaration, there shall be only one (1)"Declarant" at anyone point in
time.
(h) "Development Period"shall mean the definition as set forth in Article 11, Section 11.1.
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CT% (i) "Lot" shall mean any plot of land within the Community, whether or not improvements
m are constructed thereon, which constitutes or will constitute, after the construction of
o improvements, a single-family dwelling site as shown on a plat recorded in the land
records of King County where the Community is located. The ownership of each Lot
c-, shall include, and there shall pass with each Lot as an appurtenance thereto, whether
C'4 or not separately described, all of the right and interest of an Owner in the Common
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Property, which shall include, without limitation, membership in the Association.
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;�„ Q) "Mortgagee"shall mean the holder of a Mortgage.
(k) "Occupant" shall mean any Person occupying all or any portion of a Residence located
within a Lot, regardless of whether such Person is a tenant or the Owner of a Lot.
(I) "Plat Map" shall mean and refer to the plat maps recorded in conjunction with this
Declaration, recorded on c.7 a V , 2002, Auditor's File Number -
aDe a a i;'e)o/8 7' records of King County,Washington.
(m) "Owner" shall mean and refer to the record owner, whether one or more Persons, of
the fee simple title to any Lot located within the Community, excluding, however, any
Person holding such interest merely as security for the performance or satisfaction of
any obligation.
(n) "Person" means any natural person, as well as a corporation,joint venture, partnership
(general or limited), association, limited liability company, trust, or other legal entity.
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(o) "Residence" shall mean and refer to any structure located on a Lot, which structure is
designed and permitted for use and occupancy by a single-family.
(p) "Supplemental Declaration" means an amendment or supplement to this Declaration
which subject's additional property to this Declaration or imposes, expressly or by
reference, additional restrictions and obligations on the Community described therein,
or both.
(q) "Total Association Vote" means all of the votes attributable to members of the
Association (including votes of Declarant), and the consent of Declarant so long as
Declarant owns any Lots in the Community.
Article 2
Property Subject to this Declaration
2.1 Property Hereby Subjected to this Declaration
The real property which is, by the recording of this Declaration, subject to the covenants and
csn restrictions hereafter set forth and which, by virtue of the recording of this Declaration, shall be held,
transferred, sold, conveyed, used, occupied and mortgaged or otherwise encumbered subject to this
Declaration is the Community described in Exhibit C, attached hereto and by reference made a part
Cta hereof
2.2 Addition of Other Property.
Declarant may at any time during the pendency of this Declaration add all or a portion of any real
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property now or hereinafter owned by Declarant adjacent to the Community, and upon recording of a
N notice of addition of real property containing at least the provisions set forth in Section 2.3 below, the
provisions of this Declaration shall apply to the added real property in the same manner as if it were
originally covered by this Declaration. Thereafter, to the extent that this Declaration is made applicable
thereto, the rights, powers, and responsibilities of Declarant and the Owners of Lots within the added real
property shall be the same as in the case of the Community. The Association shall not have the power to
add all or a portion of any real property adjacent to the Community.
2.3 Notice of Addition of Other Property.
The notice of additional real property by Declarant referred to in Section 2.2 above shall contain
at least the following provisions:
a) A reference to this Declaration stating the date of recording and the recording number
under which it is recorded;
b) A statement that the provisions of this Declaration shall apply to such added real
property; and
c) A legal description of such added real property.
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Article 3
Association Membership and Voting Rights
3.01 Organization.
The Declarant shall organize an Association of all the Owners of Lots. Such Association, its
successors and assigns, shall be organized under the name Morgan Place Homeowners Association or a
name similar thereto and shall have property, powers and obligations as set forth in these covenants for
the benefits of the Properties. The Declarant shall organize the Association as a non-profit corporation
under the general nonprofit corporations laws of the State of Washington. The Articles of Incorporation of
the Association shall provide for its perpetual existence, but in the event the Association is any time
dissolved, whether inadvertently or deliberately, it shall automatically be succeeded by an unincorporated
Association of the same name. In that event, all of the property, powers and obligations of the
incorporated Association existing immediately prior to its dissolution shall thereupon automatically vest in
the successor unincorporated association, and such vesting shall thereafter be confirmed and evidenced
by appropriate conveyances and assignments by the incorporated Association. To the greatest extent
possible, and successor unincorporated Association shall be governed by the Articles of Incorporation
(V and the Bylaws of the Association, as if they had been made to constitute the governing documents of the
CO unincorporated Association. The Articles of Incorporation and the Bylaws of the Association shall be
o deemed covenants running with ownership of the Lots and shall be binding upon Owners as if verbatim
c recited herein.
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3.1 Membership.
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C=. 3.1.1 Qualification. Each Owner of a Lot in the Community (including the Declarant)
shall automatically be a member of the Association and shall be entitled to one (1) membership for each
CD Lot so owned. Each Owner shall be subject to the Association's Articles of Incorporation, Bylaws and any
`" and all rules and regulations as may from time to time be adopted by the Board of Directors of the
Association (the"Board of Directors"). Ownership of a Lot shall be the sole qualification for membership in
the Association.
3.1.2 Transfer of Membership. The Association membership of each Owner (including
Declarant) shall be appurtenant to the Lot giving rise to such membership and shall not be assigned,
pledged, transferred, conveyed or alienated in any way except upon the transfer of title to the Lot and
then only to the transferee of title to the Lot. Any attempt to make a prohibited transfer of membership in
the Association shall be void. Any transfer of title to a Lot shall operate automatically to transfer the
membership in the Association appurtenant thereto to the new Owner thereof; provided, however, that the
granting of a security interest in a Lot or portion thereof shall not be deemed a transfer of title and shall
not operate to transfer the membership in the Association.
3 .2 Voting
3.2.1 Classes of Voting Membership. During the Development Period, the Association
shall have two(2)classes of voting membership:
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(a) Class A. The Class A members shall be all of the Owners except the Declarant,
and the Class A members shall be entitled to one (1)vote for each Lot owned.
(b) Class B. The Class B member shall be the Declarant, who shall be entitled to three
(3)votes for each Lot owned.
The Class B membership shall cease, and be converted to Class A membership, upon the happening of
the first of the following events: (A)when the total votes outstanding in the Class A membership equal the
total votes outstanding in the Class B membership; or (B)five (5) years after the date of recording of the
Declaration. In determining whether any given proposition shall have been approved by the membership
during the Development Period, the total number of Class A and Class B votes shall be combined to
arrive at the total voting power of all of the Owners (including the Declarant), and the appropriate
percentage shall be applied against that combined number.
3.2.2 Number of Votes after the Development Period. Following the
Development Period, the total voting power of all Owners (including the Declarant)shall equal the number
of Lots at any given time, and the total number of votes available to an Owner of a particular Lot shall be
CNN one(1)vote.
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CCS
C7-4 3.2.3 Lots Owned by Multiple Persons. If only one of the multiple Persons
`=' owning a particular Lot is present at a meeting of the Association, such Person is entitled to cast the vote
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allocated to said Lot. If, however, more than one of the multiple Persons owning a particular Lot are
s present at a meeting, the vote allocated to said Lot may be cast only in accordance with the agreement of
the majority of the multiple Persons owning said Lot, which agreement will be presumed if anyone of the
cv multiple Persons casts the vote allocated to the Lot without protest being made promptly to the President
C=) of the Association (or other officer presiding over the meeting) by the other Persons owning the Lot. In the
event such protest is made, the vote cast shall be disregarded, and the multiple Persons owning the Lot
shall lose their right to vote on the matter in question.
3.2.4 Suspension of Voting Right. In the event that any Owner shall be
delinquent in the payment of any assessment or otherwise in default of the performance of any of the
terms of the Declaration for a period of thirty (30) days or more, the Owner's right to vote shall be
suspended and shall remain so suspended until the default is remedied.
Article 4
Assessments
4.1 Purpose of Assessment.
The assessments provided for herein shall be used for the general purposes of promoting the recreation,
health, safety, welfare, common benefit, and enjoyment of-the Owners and occupants of Lots, including
maintaining and protecting the Common Property and personal property owned by the Association
including, without limitation, the streets, private storm water facilities, utility and other easements, private
access roadways, payment of real property ad valorem taxes and payment of any assessment for
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Community street lights and other utilities, establishment and funding of a Reserve Account and all as
may be more specifically authorized from time to time by the Board of Directors.
4.2 Initial Assessments.
Upon conveyance of a Lot to any Person who has purchased the Lot for any purpose, the Association, or
Declarant, for the benefit of the Association, shall collect an initial assessment equal to ONE HUNDRED
FIFTY AND NO/100 Dollars ($150.00)per lot.
4.2.1 Special Reserve Account. Declarant will provide an Assignment of
Funds to the City of Renton in Associations name, to be held as bond for a wetland monitoring. If the
Association does not provide wetland monitoring as required by Section 5.1.5, the City of Renton will use
the funds to perform the required monitoring.
4.3 Date of Commencement of Annual Assessments.
The annual assessments provided for below shall commence as to a Lot on the first day of the month
following the conveyance of such Lot to a Person who has not purchased such Lot for the purpose of
e= construction of a residence and resale of such Lot and residence. Assessments shall be due and payable
aQ in a manner and on a schedule as the Board of Directors may provide. Lots, which have not been so
conveyed, shall not be subject to the annual assessment. The first annual assessment shall be adjusted
W according to the number of months then remaining in that fiscal year.
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�., 4.4 Annual Assessments.
Annual assessments shall be levied equally on all Lots and shall be paid in such manner and on
such dates as may be fixed by the Board of Directors, which may include, without limitation, acceleration,
• o upon thirty(30)days'written notice.
4. 5 Computation.
4.5.1 Balance Sheet. The Board of Directors shall prepare, or cause to be
prepared, for any calendar year in which the Association levies or collects assessments, and shall
distribute to all Owners at the annual meeting a balance sheet and operating statement (income and
expense) of the Association, which shall contain a schedule of assessments received and receivable,
identified: by Lot number and the name of the Owner so assessed. The Board of Directors shall cause
detailed and accurate records of the receipts and expenditures of the Association to be kept specifying
and itemizing all expenditures. Such records shall be available to all Owners upon written notice at a
convenient place during regularly scheduled business hours.
4.5.2 Succeeding Calendar Year. It shall be the duty of the Board of Directors
to prepare a budget covering the estimated costs of operating the Association during the coming year,
which shall include: a capital contribution or reserve in accordance with a capital budget for the
Community separately prepared. The Board of Directors shall cause the budget and the annual
assessments to be levied against each Lot for the following year to be delivered to each member at least
thirty(30)days prior to the end of the current calendar year. The budget and the annual assessment shall
become effective unless disapproved at the Annual Meeting by a Majority of the Total Association Vote.
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Notwithstanding the foregoing, however, in the event the membership disapproves the proposed budget
or the Board of Directors fails for any reason so to deteml ine the budget for the succeeding year, then
and until such time as a budget shall have been detemlined, as provided herein, the budget and annual
assessments in effect for the then current year shall continue for the succeeding year.
4.6 Specific Assessments.
The Board of Directors shall have the power to specifically assess pursuant to this Section as, in
its discretion, it shall deem appropriate. Failure of the Board of Directors to exercise its authority under
this Section shall not be grounds for any action against the Association or the Board of Directors and shall
not constitute a waiver of the Board of Director's right to exercise its authority under this Section in the
future with respect to any expenses, including an expense for which the Board of Directors has not
previously exercised its authority under this Section. Fines levied pursuant to this Declaration and the
costs of maintenance performed by the Association, which the Owner is responsible for under this
Declaration, shall be specific assessments. The Board of Directors may also specifically assess Owners
for the following Association expenses (except for expenses incurred for maintenance and repair of items
which are the maintenance responsibility of the Association as provided herein):
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(a) Expenses of the Association which benefit less than all of the Lots may be specifically
assessed equitably among all of the Lots which are benefited according to the benefit
m received; and,
cr (b) Expenses of the Association which benefit all Lots, but which do not provide an equal
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benefit to all Lots, may be assessed equitably among all Lots according to the benefit
received.
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0 4. 7 Special Assessments.
In addition to the other assessments authorized herein, the Association may levy special
assessments from time to time if approved at a meeting by two-thirds (2/3) of the Total Association Vote.
Special assessments shall be paid as determined by the Board of Directors, and the Board of Directors
may permit special assessments to be paid in installments extending beyond the fiscal year in which the
special assessment is imposed.
4. 8 Continuing Liability.
No Owner may waive or otherwise exempt himself from liability for the assessments provided for
herein, including, by way of illustration, but not limitation, abandonment of the Lot. No diminution or
abatement of any assessment shall be claimed or allowed by reason of any alleged failure of the
Association to take some action or perform some function required to be taken or performed by the
Association under this Declaration or the Bylaws, or for inconvenience or discomfort arising from the
making of repairs or improvements which are the responsibility of the Association, or from any action
taken by the Association to comply with any law, ordinance, or with any order or directive of any municipal
or other governmental authority, the obligation to pay assessments being a separate and independent
covenant on the part of each Owner.
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4. 9 Application.
All payments shall be applied first to costs, then to late charges, then to interest and then to
delinquent assessments.
4.10 Certificates.
The Association shall, within five (5) days after receiving a written request therefore 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 on a Lot shall be binding upon the Association as of the date of issuance.
4.11 Effect of Nonpayment of Assessments: Remedies of the Association.
Any assessments or installments thereof, which are not paid when due, shall be delinquent. All
assessments shall be the personal obligation of the Person who was the Owner of such Lot at the time
the assessment(s) fell due. Each Owner shall be personally liable for the portion of each assessment
coming due while the Owner of a Lot, and each grantee of an Owner shall be jointly and severally liable
for such portion thereof as may be due and payable at the time of conveyance. Any assessment or
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installment thereof delinquent for a period of more than thirty (30) days shall incur a late charge and
o interest in an amount as the Board of Directors may from time to time determine. The Association shall
`" cause a notice of delinquency to be given to any Owner who has not paid within thirty (30) days following
c.� the due date. If the assessment is not paid within fifteen (15)days after such delinquency notice, a lien, as
o herein provided, shall attach to such Owner's Lot. In the event that the assessment remains unpaid thirty
(30) days after the delinquency notice, the Association may, as the Board of Directors shall determine,
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C=4 institute suit to collect such amounts and/or to foreclose its lien.
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4.12 Creation of the Lien.
Each Owner of any Lot, by acceptance of a deed therefore, whether or not it shall be so
expressed in such deed, covenants and agrees to pay to the Association: (a) the initial assessment; (b)
annual assessments; (c) special assessments; and (d) specific assessments against any particular Lot
which are established pursuant to the terms of this Declaration, including, but not limited, to, reasonable
fines as may be imposed in accordance with the terms of this Declaration. All such assessments, together
with late charges and interest, costs, including, without limitation, reasonable attorney's fees actually
incurred, shall be a charge on the Lot and shall be a continuing lien upon the Lot against which each
assessment is-made. Such lien shall be superior to all other liens and encumbrances on such Lot, except
for (a) liens for ad valorem taxes; or (b) liens for all sums unpaid on a first Mortgage or on any Mortgage
to Declarant duly recorded in the land records of King County and all amounts advanced pursuant to such
Mortgage and secured thereby in accordance with the terms of such instrument. All other Persons
acquiring liens or encumbrances on any Lot after this Declaration shall have been recorded in such
records shall be deemed to consent that such liens or encumbrances shall be inferior to future liens for
assessments, as provided herein, whether or not prior consent is specifically set forth in the instruments
creating such liens or encumbrances. The lien provided for in this Article shall be in favor of the
Association and shall be for the benefit of all other Owners. The Association, acting on behalf of the
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Owners, shall have the power to bid on the Lot at any foreclosure sale or to acquire, hold, lease,
mortgage, or convey the same.
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4.13 Budget Deficits During Declarant Control.
4.13.1 For so long as the Declarant has the authority to appoint the directors
and officers of the Association, Declarant may: (i) advance funds to the Association sufficient to satisfy
the deficit, if any, between the actual operating expenses of the Association and the sum of the annual,
special and specific assessments collected by the Association in any fiscal year, and such advances shall
be evidenced by promissory notes from the Association in favor of the Declarant; and (ii) may advance
funds to establish the association's initial capital reserves and any other Special Reserve Account, and
such advances shall be evidenced by promissory notes from the Association in favor of the Declarant;
and/or (iii) cause the Association to borrow such amount from a commercial lending institution at the then
prevailing rates for such loan in the local area of the Community. The Declarant in its sole discretion may
guarantee repayment of such loan, if required by the lending institution, but no Mortgage secured by the
Common Property or any of the improvements maintained by the Association shall be given in connection
with such loan.
e� Article 5
__ Maintenance
5.1 Association's Powers and Responsibility.
5.1.1 Common Property. The Association shall maintain and keep in good repair the
c" Common Property. This maintenance shall include, without limitation, maintenance, repair, and
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o replacement of all streets, easements, systems, improvements and landscaping situated on the Common
c.,, Property. The Association shall also maintain: (a) all entry features for the Community including fencing,
entry gates and entry signs and pay the expenses for water and electricity, if any, provided to all such
• entry features; (b) streetscapes located at other street intersections within the Community; (c)
landscaping originally installed by the Declarant in the Common Property; (d) all Private Roadways; (e)
Private Storm Water Facilities; (f) Utility and all other easements; and (g) all property outside of Lots
located within the Community which was originally maintained by Declarant. The foregoing maintenance
shall be performed consistent with the Community-Wide Standard. The Association shall not have the
power or authority to grant or convey the right to utilize the Common Property to adjacent property
owners.
In connection with the maintenance and operation of the Common Property, the Association shall
comply with all applicable ordinances of King County and the City of Renton,Washington in effect
as of the date of recording of the Declaration and those adopted thereafter, and all amendments
thereof, including without limitation, ordinances relating to biofiltration, swale, and the storm
system, manholes and cleanouts.
5.1.2 Other Property. In addition, the Association shall have the right, but not the
obligation, to maintain other property not owned by the Association, whether within or without the
Community, where the Board of Directors has determined that such maintenance would benefit all
Owners.
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5.1.3 Limitation. In the event that the Association determines that the need for
maintenance, repair, or replacement, which is the responsibility of the Association hereunder, is caused
through the willful or negligent act of an Owner, or the family, guests, lessees, or invitees of any Owner,
and is not covered or paid for by insurance, in whole or in part, then the Association may perform such
maintenance, repair or replacement at such Owner's sole cost and expense, and all costs thereof shall be
a specific assessment to which such Owner is subject and shall become a lien against the Lot of such
Owner. •
5.1.4 City of Renton's Right to Maintain. If the Association fails to maintain the
Common Property in a manner as required by City of Renton, then the City of Renton may have the right,
after notice and an opportunity to cure, to assess each Owner of the Association the monies necessary to
maintain the Common Property subject to City of Renton's law, ordinances and regulations.
5.1.5 Wetland Monitoring. Wetland monitoring, in accordance with the Wetland
Mitigation Plan for Morgan Place dated June 25, 2001 prepared by Chad Armour, will be required for 5
years beginning in 2002. The Association shall employ a wetland-monitoring firm to complete the yearly
r monitoring and provide the City of Renton with its reported findings. If any replacement plants are
` ' required it will be the Associations responsibility.
Q
O
5.2 Owner's Responsibility.
- I Except as provided in Section 1 above, all maintenance of the Lot and all structures, parking
' areas, landscaping, and other improvements thereon shall be sole responsibility of the Owner thereof,
who shall maintain such Lot in a manner consistent with the Community- Wide Standard and this
Declaration. In the event that the Board of Directors of the Association determines that any Owner has
C%.0 failed or refused to discharge properly any of such Owner's obligations with regard to the maintenance,
repair, or replacement of terms for which such Owner is responsible hereunder, the Association shall,
except in an emergency situation, give the Owner written notice of the Association's intent to provide such
necessary maintenance, repair, or replacement at the Owner's sole cost and expense. The notice shall
set forth with reasonable particularity the maintenance, repairs, or replacement deemed necessary. The
Owner shall have thirty (30) days after receipt of such notice within which to complete such maintenance,
repair, or replacement, or, in the' event that such maintenance, repair, or replacement is not capable of
completion within a thirty (30) day period, to commence such work which shall be completed within a
reasonable time. If any Owner does not comply with the provisions hereof, the Association may provide
any such maintenance, repair, or replacement at such Owner's sole cost and expense, and all costs shall
be a specific assessment to which such Owner is subject and shall become a lien against the Lot.
5.3 Conveyance of Common Property by Declarant to Association.
The Declarant may transfer or convey to the Association at no cost any personal property and
any improved or unimproved real property, leasehold, easement, or other property interest specifically
related to the Association and its intended purpose. Such conveyance shall be accepted by the
Association, and such property shall thereafter be Common Property to be maintained by the Association
for the benefit of all or a part of its Members.
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Article 6
Use Restrictions and Rules
6.1 General.
This Article, beginning at Section 2, sets out certain use restrictions, which must be complied with
by all Owners and Occupants. These use restrictions may only be amended in the manner provided in
Article 12 Section 12.3, hereof regarding amendment of this Declaration. In addition, the Board of
Directors may, from time to time, without consent of the Members, promulgate, modify, or delete other
use restrictions and rules and regulations applicable to the Community. Such use restrictions and rules
shall be distributed to all Owners and Occupants prior to the date that they are to become effective and
shall thereafter be binding upon all Owners and Occupants until and unless overruled, canceled, or
modified in a regular or special meeting by a Majority of the Total Association Vote.
COrn
6.2 Residential Use.
All Lots shall be used for the purpose of a single-family Residence exclusively. No business or
0o business activity shall be carried on, in or upon any Lot at any time except with the prior written approval
of the Board of Directors. Leasing of a Lot shall not be considered a business or business activity.
C4 However, the Board of Directors may permit a lot to be used for business purposes so long as such
business, in the sole discretion of the Board of Directors, does not otherwise violate the provisions of the
o Declaration or Bylaws, does not create a disturbance and does not unduly increase traffic flow or parking
N congestion. The Board of Directors may issue rules regarding permitted business activities. No structures
or buildings of any kind shall be erected, altered, placed or permitted to remain on any Lot other than
detached Residence with an attached garage for not less than two (2) and not more than four (4)
standard sized automobiles. No outbuilding, trailer, shed or temporary building of any kind shall be placed
on a Lot or used as a Residence, except for Declarant's construction trailers and such other construction
trailers as approved by Declarant during the Development Period, except as specified elsewhere herein.
6.3 Architectural Review Committee.
The Architectural Review Committee shall be comprised of three (3) representatives appointed by
the Board of Directors; provided, however, during the Development Period the Declarant shall be the
Architectural Control Committee.
6.4 Architectural Standards.
6.4.1 No construction, alteration, addition, or improvement of any nature whatsoever
(including without limitation, any structure requiring a permit from City of Renton or other structures
constructed on a Lot such as walls, rockeries, fences, living fences, hedges, spas, swimming pools, sport
courts, dog runs and kennels) shall be commenced or placed upon any part of the Community or a Lot,
except such as is installed by the Declarant, or as is approved in accordance with this Section, or as it
otherwise expressly permitted herein.
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6.4.2 No Residence shall have a fully enclosed living area, excluding an attached
garage, of less than 1,900 square feet in the case of a one story Residence, and 2,100 square feet in the
case of a two story Residence. No Residence shall exceed two stories (excluding a daylight or
subterranean basement) or be more than thirty (30) feet in height from the original grade of the Lot and
must be in compliance with the City of Renton residential height limitation. Any auxiliary building or
improvement must be designed and constructed to be compatible in appearance to the Residence. A
Residence shall have received a certificate of occupancy from City of Renton within nine (9) months from
the date construction is commenced.
6.4.3 No exterior construction, addition, improvement, or alteration to a Residence
shall be made (including without limitation, re-roofing, residing or repainting) unless and until plans and
specifications showing at least the nature, kind, shape, height, materials, and location shall have been
submitted in writing to and approved by the Architectural Review Committee.
6.4.4 The Architectural Review Committee, with the consent of the Board of Directors,
C.t may employ architects, engineers, or other Persons, as it deems necessary to enable the Architectural
Review Committee to perform its review. Written design guidelines and procedures may be promulgated
act
for the exercise of this review, 'which guidelines may provide for a reasonable review fee, not to exceed
Three Hundred Dollars ($300). There will be no architectural review fee for the initial builders.
c.c 6.4.5 If the Architectural Review Committee fails to approve or to disapprove submitted
Cs./
o plans and specifications within sixty(60)days after an Owner has submitted plans and specifications to it,
approval will not be required, and this Section will be deemed to have been fully complied with.
0
6.4.6 The Architectural Review Committee shall be the sole arbiter of such plans and
may, within such sixty (60) day period give written notice of its disapproval for any reason, including
purely aesthetic considerations, provided, however, the specific reasons for disapproval shall be fully
stated in such notice. Upon notice of disapproval, an Owner shall have the right to submit revised plans
and specifications for further consideration in the manner set forth above.
6.4.7 Any member of the Architectural Review Committee or its representatives shall
have the right, during reasonable hours and after reasonable notice, to enter upon any Lot to inspect for
the purpose of ascertaining whether or not this Declaration has been or is being complied with. Such
Person or Persons shall not be deemed guilty of trespass by reason of such entry.
6.4.8 The Architectural Review Committee shall be entitled to bring an injunction to
stop any construction in violation of these restrictions. In addition to any other remedies available to the
Association, in the event of noncompliance with this Section, the Board of Directors may, as provided in
Article 12, Section 1 hereof, record in the appropriate land records a notice of violation naming the
violating Owner.
PLANS AND SPECIFICATIONS ARE NOT APPROVED FOR ENGINEERING. OR STRUCTURAL
DESIGN OR QUALITY OF MATERIALS, AND BY APPROVING SUCH PLANS AND SPECIFICATIONS
15
NEITHER THE ARCHITECTURAL REVIEW COMMITTEE, THE MEMBERS THEREOF, NOR THE
ASSOCIATION ASSUMES, LIABILITY OR RESPONSIBILITY THEREFOR, NOR FOR ANY DEFECT IN
ANY STRUCTURE CONSTRUCTED FROM SUCH PLANS AND SPECIFICATIONS.
6.5 - Siding. Roofs and Windows.
Only hardboard siding, Hardie Board (or other cement board siding), cedar lap siding, stucco,
stone, cultured stone, brick or equivalent type of siding as may be approved by the Architectural Review
Committee shall be used in the construction of any Residence. No plywood siding shall be used in the
construction of any Residence, provided, however, plywood siding used in conjunction with batts and
simulating board and batt siding or architectural details may be permitted with the approval of the
Architectural Review Committee. All roofs shall be constructed out of twenty-five (25) year architectural
composite roofing materials (i.e., Celotex Presidential 25-year Weathered Roof Comp Roof) or, cedar,
shake or tile or such similar materials as may be approved by the Architectural Review Committee. Roof
gutter drains shall be connected to the storm drainage system, unless otherwise allowed by Declarant or
CFI delineated on plans approved by the Architectural Review Committee. Residences constructed on corner
CC
Lots and which back on NE 4th Street must have exterior trim on front and side yard windows.
6.6 Landscaping.
Each Lot shall be landscaped in accordance with the specifications now or hereinafter adopted by
the Declarant during the Development Period, or the Architectural Review Committee after the
+C3
Development Period. All front yard, including front side yard landscaping must be completed concurrently
with the date of substantial completion of the Residence and issuance of a Certificate of Occupancy, as
determined by City of Renton. All rear and side rear yards must be fully landscaped within eight (8)
months from the date of a conveyance of a Lot with a completed Residence. Owners are restricted from
using chemical fertilizers that have ingredients that cause or potentially cause damage to downstream
habitat and fisheries wildlife.
6. 7 Fences.
All fences shall be estate style cedar fence with a 2 x 4 bottom rail, 2 x 4 top rail, 4 x 4 posts and I
x 6 tight knot cedar fencing or such other wood fence as approved by the Architectural Review
Committee. The Architectural Review Committee may issue guidelines detailing acceptable fence styles
and/or specifications.
6.8 Lighting.
Except as may be permitted by the Architectural Review Committee, exterior lighting visible from
the street, shall not be permitted except for(a) approved lighting as originally installed on a Lot; (b) street
lights in conformity with an established street lighting program for the Community; (c)seasonal decorative
lights; or(e)front house illumination of model homes.
6.9 Driveways -Parking.
Driveways shall be constructed of exposed aggregate concrete. Vehicles, including, without
limitation, recreational vehicles, shall be parked only in enclosed garages, provided however,
automobiles, sport utility vehicles, and trucks not exceeding one (I) ton G. V. W. which do not have any
16
painted identification of a business or advertising thereon may park: (a) for a period of not more than
twenty-four(24) hours in the driveway or in appropriate parking spaces or designated areas; and (b)for a
period of not more than twelve (12) hours in the street right of way. The foregoing provision shall not
apply to police or emergency vehicles. All parking shall be further subject to such rules and regulations as
the Board of Directors may adopt.
6.10 Vehicles.
No vehicle, including, without limitation a recreational vehicle, may be left upon any portion of the
Community, except in an enclosed garage or other area designated by the Board of Directors. If it is
unlicensed or if it is in a condition such that it is incapable of being operated upon the public highways,
such vehicle shall be considered a nuisance and may be removed from the Community. No motorized
vehicles shall be permitted on streets, pathways or unpaved Common Property except for public safety
vehicles and vehicles authorized by the Board of Directors.
6.11 Signs.
No sign of any kind shall be erected by an Owner or Occupant within the Community without the
prior written consent of the Architectural Review Committee. Notwithstanding the foregoing, the Declarant
shall have the right to erect reasonable and appropriate signs. One (I) For Sale" or °'For Rent" sign
a.= located on a suitable post in the yard, not to exceed 2' x 2' in size with "sold" strips not to exceed six
inches (6") by two feet (2'), security signs consistent with the Community-Wide Standard, and any signs
vim
required or allowed by federal or state law, statute or ordinance or as required pursuant to a legal
proceedings, may be erected on a suitable post on any Lot. No signs may be posted in the exterior
windows of any residence The provisions of this Section shall not apply to any Owner who has purchased
a Lot for the purpose of constructing a Residence for immediate re-sale or a person holding a Mortgage
who becomes the Owner of any Lot as purchaser at a judicial or foreclosure sale conducted with respect
to a first Mortgage or as transferee pursuant to any proceeding in lieu thereof.
6.12 Antennas.
No exterior antennas of any kind shall be placed, allowed, or maintained upon any portion of the
Community, including any Lot, without the prior written consent of the Architectural Review Committee.
6.13 Garbage Cans. Woodpiles. etc,
All garbage cans, woodpiles, swimming pool pumps, filters and related equipment, air
conditioning compressors and other similar items shall be located or screened so as to be concealed from
view of neighboring streets and Lots. All rubbish, trash, and garbage shall be regularly removed and shall
not be allowed to accumulate. Rubbish, garbage, yard waste and recycle containers may only be placed
at the curbside on the day of removal; containers must be removed by an Owner from the curb side by
7:00 p.m. on the day of the removal. Declarant, however, hereby expressly reserves the right to dump
and bury rocks and trees on property within the Community as needed for efficient construction and to
allow developers and builders within the Community to bury,rocks and trees removed from a Lot on such
Lot.
17
•
•
6.14 Leasing.
Lots may be leased for residential purposes. All leases shall require, without limitation, that the
tenant acknowledge receipt of a copy of the Declaration, Bylaws, use restrictions, and rules and
regulations of the Association. The lease shall also obligate the tenant to comply with the foregoing and
shall provide that in the event of noncompliance, the Board of Directors, in addition to any other remedies
available to it, may evict the tenant on behalf of the Owner and specifically assess all costs associated
therewith against the Owner and the Owner's property. All signs advertising that a residence is "For
Lease"and/or"For Rent"shall comply with Section 6.11.
6.15 Occupants Bound.
All provisions of the Declaration, Bylaws, and of any rules and regulations, use restrictions or
design guidelines promulgated pursuant thereto which govern the conduct of Owners and which provide
for sanctions against Owners shall also apply to all Occupants even though Occupants are not
specifically mentioned. Fines may be levied against Owners or Occupants. If a fine is first levied against
an Occupant and is not paid timely, the fine may then be levied against the Owner.
cgs, 6.16 Animals and Pets.
crs No animals, livestock, or poultry of any kind may be raised, bred, kept, or permitted on any Lot,
«y with the exception of dogs, cats, or other usual and common household pets in reasonable number, as
determined by the Board of Directors. No pets shall be kept, bred or maintained for any commercial
w purpose. No animal allowed under this Declaration shall be allowed to roam loose off the Lot on which
cv they are kept.
cv
0
6.17 Nuisance.
— It shall be the responsibility of each Owner and Occupant to prevent the development of any
ccy) unclean, unhealthy, unsightly, or unkempt condition on his or her property. No property within the
Community shall be used, in whole or in part, for the storage of any property or thing that will cause such
Lot to appear to be in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any
substance, thing, or material be kept that will emit foul or obnoxious odors or that will cause any noise or
other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of
surrounding property, including, without limitation unreasonable barking of dogs and/or other pet noises.
No noxious or offensive activity shall be carried on within the Community, nor shall anything be done
tending to cause embarrassment, discomfort, annoyance, or nuisance to any Person using any property
with the Community. There shall not be maintained any plants or animals or device or thing of any sort
whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant, or of a nature as
may diminish or destroy the enjoyment of the Community. Without limiting the generality of the foregoing,
no speaker, horn, whistle, siren, bell, amplifier or other sound device, except such devices as may be
used exclusively for security purposes, shall be located, installed or maintained upon the exterior of any
Lot unless required by law.
6.18 Unsightly or Unkempt Conditions.
The pursuit of hobbies or other activities, including specifically, without limiting the generality of
the foregoing, the assembly and disassembly of motor vehicles and other mechanical devices, which
18
might tend to cause disorderly, unsightly, or unkempt conditions, shall not be pursued or undertaken in
any part of the Community.
6.19 Subdivision of Lot.
No Lot shall be subdivided or its boundary lines changed except with the prior written approval of
the Architectural Review Committee. Declarant, however, hereby expressly reserves the right to replat or
to adjust the boundaries of any Lot or Lots owned by Declarant. Any subdivision, boundary line change,
or replatting shall not be in violation of the applicable subdivision and zoning regulations.
6.20 Guns.
The use of firearms in the Community is prohibited. The term "firearms" includes without limitation
weapons using powder.
6.21 Mailboxes.
All mailboxes located on Lots shall be of a similar style approved by the Architectural Review
Committee. Replacement mailboxes may be installed after the type has been approved in writing by the
en Architectural Review Committee.
c
6.22 Exterior Security Devices.
No exterior security devices, including, without limitation, window bars, shall be permitted on any
rc residence or Lot. Signs placed on the Lot or the exterior of the residence stating that such residence is
protected by a security system shall not be deemed to constitute an exterior security device.
0 6.23 Drainage-Water Valves.
Wherever possible Owners shall tie in all surface drainage into the storm system to avoid water
sheeting across sidewalks.
Article 7
Insurance and Casualty Losses
7.1 Insurance on Common Property.
The Board of Directors or the duly authorized agent of the Association shall have the authority to
obtain or cause to be obtained insurance for all insurable improvements whether or not located on the
Common Property which the Association is obligated to maintain. This insurance shall provide, at a
minimum, fire and extended coverage, including vandalism and malicious mischief, and shall be in an
amount sufficient to cover the full replacement cost of any repair or reconstruction in the event of damage
or destruction from any such hazard. Alternatively, the Board of Directors may purchase "all-risk"
coverage in like amounts. The Homeowners Association shall maintain the detention and water quality
system and emergency access road(s)within Tracts B and G until such time that those improvements are
deeded or sold to a government agency which will assume maintenance and responsibility of such
improvements. The Associations responsibility is subsequent to the developer's maintenance
responsibility per City of Renton requirements.
19
7.2 Liability Insurance.
The Board of Directors shall have the authority to obtain a public liability policy applicable to the
Common Property covering the Association and its members for all damage or injury caused by the
negligence of the Association or any of its members or agents, and, if reasonably available, directors'and
officers' liability insurance.
7 .3 Policy Provisions.
The Board of Directors is hereby authorized, but no required to contract with or otherwise arrange
to obtain the insurance coverage required hereunder through the Declarant and to reimburse Declarant
for the cost thereof, and Declarant shall be authorized, but not obligated, to purchase such insurance
coverage for the benefit of the Association and the Owners upon Declarant and the Association agreeing
upon the terms and conditions applicable to reimbursement by the Association for costs incurred by
Declarant in obtaining such coverage. All such insurance coverage obtained by the Board of Directors
shall be written in the name of the Association, as trustee for the respective benefited parties, as further
identified in subparagraph (b), below. Such insurance shall be governed by the provisions hereinafter set
41.2 forth:
(a) All policies shall be written with a company authorized to do business in Washington.
4=s (b) Exclusive authority to adjust losses under policies obtained by the Association shall be
0
act vested in the Association's Board of Directors; provided, however, no Mortgagee having
__ an interest in such losses may be prohibited from participating in the settlement
negotiations, if any, related thereto.
(c) In no event shall the insurance coverage obtained and maintained by the Association's
Board of Directors hereunder be brought into contribution with insurance purchased by
,r individual Owners, occupants, or their Mortgagees, and the insurance carried by the
Association shall be primary.
(d) The Association's Board of Directors should consider securing insurance policies that will
provide for the following:
(i) a waiver of subrogation by the insurer as to any claims against the Association's
Board of Directors, its manager, the Owners and their respective tenants,
servants, agents, and guests;
(ii) a waiver by the insurer of its rights to repair and reconstruct instead of paying
cash;
(iii) that no policy may be canceled, invalidated, or suspended on account of anyone
or more individual Owners;
(iv) that no policy may be canceled, subjected to nonrenewal, invalidated, or
suspended on account of any defect or the conduct of any director, officer, or
employee of the Association or its duly authorized manager without prior demand
in writing delivered to the Association to cure the defect or to cease the conduct
and the allowance of a reasonable time thereafter within which a cure may be
effected by the Association, its manager, any Owner or Mortgagee;
20
(v) that any "other insurance" clause in any policy exclude individual Owners'
policies from consideration; and
(vi) that no policy may be canceled, subjected to nonrenewal or substantially
modified without at least thirty(30)days' prior written notice to the Association.
In addition to the other insurance required by this Section, the Board may consider a fidelity bond or
bonds on directors, officers, employees, and other persons handling or responsible for the Association's
funds, if reasonably available. If obtained, the amount of fidelity coverage shall be determined by the
directors'best business judgment.
7.4 Premiums.
Premiums for all insurance shall be expenses of the Association. The policies may contain a
reasonable deductible.
7.5 Damages and Destruction- Insurance by Association.
7.5.1 In General. Immediately after damage or destruction by fire or casualty to all or
a''° any portion of any improvement covered by insurance written in the name of the Association, the Board of
rim
Directors or its duly authorized agent shall proceed with the filing and adjustment of all claims arising
under such insurance and obtain reliable and detailed estimates of the cost of repair or reconstruction of
the damaged or destroyed property. Repair or reconstruction, as used in this Section, means repairing or
restoring the Common Property to substantially the same condition and location that existed prior to the
fire or other casualty, allowing for any changes or improvements necessitated by changes in applicable
building codes. The Board of Directors shall have the enforcement powers specified in Article 12, Section
12.1 of this declaration necessary to enforce this provision.
7.5.2 Repair and Reconstruction. Any damage or destruction to the Common Property
covered by insurance written in the name of the Association shall be repaired or reconstructed unless,
within sixty (60) days after the casualty, at least seventy-five percent (75%) of the Total Association Vote
otherwise agree. If for any reason either the amount of the insurance proceeds to be paid as a result of
such damage or destruction, or reliable and detailed estimates of the cost of repair or reconstruction, or
both, are not made available to the Association within such period, then the period shall be extended until
such information shall be made available; provided, however, such extension shall not exceed sixty (60)
days. No Mortgagee shall have the right to participate in the determination of whether damage or
destruction shall be repaired or reconstructed.
7.5.3 Insufficient Proceeds. If the damage or destruction for which the insurance
proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the
cost thereof, the Board of Directors may, without the necessity of a vote of the Association' s members,
levy a special assessment against all Owners in proportion to the number of Lots owned by such Owners.
Additional assessments may be made in like manner at any time during or following the completion of any
repair or reconstruction or if the improvements are not repaired or reconstructed, such excess shall be
deposited to the benefit of the Association.
21
7.5.4 Decision Not to Repair. In the event that it should be determined by the
Association in the manner described above that the damage or destruction shall not be repaired or
reconstructed and no alternative improvements are authorized, then and in that event the property shall
be restored to its natural state and maintained as an undeveloped portion of the Community by the
Association in a neat and attractive condition.
7.6 Damage and Destruction-Insured by Owners.
The damage or destruction by fire or other casualty to all or any portion of any improvement on a
Lot shall be repaired by the Owner thereof within seventy-five (75) days after such damage or destruction
or, where repairs cannot be completed within seventy-five (75) days, they shall be commenced within
such periods and shall be completed within a reasonable time thereafter. Alternatively, the Owner may
elect to demolish all improvements on the Lot and remove all debris therefrom within seventy-five (75)
days after such damage or destruction. In the event of noncompliance with this provision, the Board of
Directors shall have all enforcement powers specified in Article 12 of this Declaration.
fArticle 8.
Condemnation
In the event of a taking by eminent domain of any portion of the Common Property on which
co improvements have been constructed, then, unless within sixty (60) days after such taking, at least
c•� seventy-five (75%) percent of the Total Association Vote shall otherwise agree, the Association shall
restore or replace such improvements so taken on the remaining land included in the Common Property
to the extent lands are available therefore. The provisions of Article 7 above, applicable to Common
Property improvements damage, shall govern replacement or restoration and the actions to be taken in
0.4 the event that the improvements are not restored or replaced.
Article 9
Mortgagee Provisions
The following provisions are for the benefit of holders of first Mortgages on Lots in the Community. The
provisions of this Article apply to both this Declaration and to the Bylaws, notwithstanding any other
provisions contained therein.
9.1 Notices of Action.
An institutional holder, insurer, or guarantor of a first Mortgage, who provides a written request to
the Association (such request to state the name and address of such holder, insurer, or guarantor and the
Lot number, therefore becoming an "eligible holder"),will be entitled to timely written notice of:
(a) any condemnation loss or any casualty loss which affects a material portion of the
Community or which affects any Lot on which there is a first Mortgage held, insured, or
guaranteed by such eligible holder;
22
(b) any delinquency in the payment of assessments or charges owed by an Owner of a Lot
subject to the Mortgage of such eligible holder, where such delinquency has continued
for a period of sixty (60) days; provided, however, notwithstanding this provision, any
holder of a first Mortgage, upon request, is entitled to written notice from the Association
of any default in the performance by the Owner of the encumbered Lot of any obligation
under the Declaration or Bylaws of the Association which is not cured within sixty (60)
days;
(c) any lapse, cancellation, or material modification of any insurance policy maintained by
the Association.
•
9.2 No Priority:
No provision of this Declaration or the Bylaws gives or shall be construed as giving any Owner or
other party priority over any rights of the first Mortgagee of any Lot in the case of distribution to such
Owner of insurance proceeds or condemnation awards for losses to or a taking of the Common Property.
9.3 Notices to Association.
�.. Upon request, each Lot Owner shall be obligated to furnish to the Association the name and
o address of the holder of any Mortgage encumbering such Owner's Lot.
cr 9.4 Applicability of Article 9.
c" Nothing contained in this Article shall be construed to reduce the percentage vote that must
c� otherwise be obtained under the Declaration, Bylaws, or Washington law for any of the acts set out in this
o Article.
c.�
0 9.5 Amendments By Board.
0
Should the Federal National Mortgage Association, the Federal Home Loan Mortgage
Corporation, HUD or V A subsequently delete any of their respective requirements which necessitate the
provisions of this Article or make any such requirements less stringent, the Board of Directors, without
approval of the Owners, may cause an amendment to this Article to be recorded to reflect such changes.
Article 10
Easements
10.1 Easements for Use and Enjoyment.
10.1.1 Every Owner of a Lot shall have a right and easement of ingress and
egress, use and enjoyment in and to the Common Property subject to the following provisions:
(a) the right of the Association to charge reasonable admission and other
fees for the use of any portion of the Common Property, to limit the number of guests of
Lot Owners and tenants who may use the Common Property, and to provide for the
exclusive use and enjoyment of specific portions thereof at certain designated times by
an Owner, his family, tenants, guests, and invitees;
23
J •
(b) the right of the Association to suspend the voting rights of a Lot Owner
and the right of an Owner to use the Common Property available for use by the
Community, if any, for any period during which any assessment against such Owner's
Lot which is hereby provided for remains unpaid; and, for a reasonable period of time
for an infraction of the Declaration, Bylaws, or rules and regulations;
(c) The right of the Association to borrow money for the purpose of
improving the Common Property, or any portion thereof, or for construction, repairing or
improving any facilities located or to be located thereon, and to give as security for the
payment of any such loan a Mortgage conveying all or any portion of the Common
Property; provided, however, the lien and encumbrance of any such Mortgage given by
the Association shall be subject and subordinate to any rights, interests, options,
easements and privileges herein reserved or established for the benefit of Declarant, or
any Lot or Lot Owner, or the holder of any Mortgage, irrespective of when executed,
given by Declarant or any Lot Owner encumbering any Lot or other property located
within the Community (Any provision in this Declaration or in any such Mortgage given
by the Association to the contrary notwithstanding, the exercise of any rights therein by
the holder thereof in the event of a default thereunder shall not cancel or terminate any
a rights, easements or privileges herein reserved or established for the benefit of
° Declarant, or any Lot or Lot Owner, or the holder of any Mortgage, irrespective of when
a--
cz-t: executed, given by Declarant or any Lot Owner encumbering any Lot or other property
CIS located within the Community); and
(c) The right of the Association to dedicate or transfer all or any portion of the
tsa Common Property subject to such conditions as may be agreed to by the members
cm. of the Association. No such dedication or transfer shall be effective unless an
instrument agreeing to such dedication or transfer has been approved by the
4=1 affirmative vote of at least two-thirds (2/3) of the Total Association Vote except the
t�v
dedication of roads and roadways to the county or municipality.
10.1.2 Any Lot Owner may delegate such Owner's right of use and enjoyment in
and to the Common Property and facilities located thereon to the members of such Owner's family and to
such Owner's tenants and guests and shall be deemed to have made a delegation of all such rights to the
occupants of such Owner's Lot, if leased.
10.2 Easements for Utilities.
There is hereby reserved to the Declarant and the Association blanket easements upon, across,
above and under all property within the Community for access, ingress, egress, installation, repairing,
replacing, and maintaining all utilities serving the Community or any portion thereof, including, but not
limited to, gas, water, sanitary sewer, telephone and electricity, as well as storm drainage and any other
service such as, but not limited to, a master television antenna system, cable television system, or
security system which the Declarant or the Association might decide to have installed to serve the
Community. It shall be expressly permissible for the Declarant, the Association, or the designee of either,
as the case may be, to install, repair, and maintaining of such wires, conduits, cables and other
equipment related to the providing of any such utility or service. Should any party furnishing any such
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utility or service requests or a specific license or easement by separate recordable document,.the Board
of Directors shall have the right to grant such easement.
10.3 Easement for Entry.
In addition to the right of the Board of Directors to exercise self-help as provided in herein, the
Board of Directors shall have the right, but shall not be obligated, to enter upon any property within the
Community for emergency, security, and safety reasons, which right may be exercised by the manager,
and all policemen, firemen, ambulance personnel, and similar emergency personnel in the performance
of their respective duties. Except in an emergency situation, entry shall only by during reasonable hours
and after notice to the Owner, and the entering party shall be responsible for any damage caused: This
right of entry shall include the right of the Board of Directors to enter to cure any condition, which may
increase the possibility of a fire, slope erosion, or other hazard in the event an Owner or Occupant fails or
refuses to cure the condition upon request by the Board of Directors.
10.4 Easement for Maintenance.
Declarant hereby expressly reserves a perpetual easement for the benefit of the Association
across such portions of the Community, determined in the sole discretion of the Association, as are
$'= necessary to allow for the maintenance required under Article 5. Such maintenance shall be performed
with a minimum of interference to the quiet enjoyment to Owners' property, reasonable steps shall be
taken to protect such property, and damage shall be repaired by the Person causing the damage at its
sole expense.
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10.5 Easement for Entry Features.
•o There is hereby reserved to the Declarant and the Association an easement for ingress, egress,
installation, construction landscaping and maintenance of entry features and similar streetscapes for the
Community, over and upon each Lot as more fully described on the recorded subdivision plats for the
Community. The easement and right herein reserved shall include the right to cut, remove and plant
trees, shrubbery, flowers and other vegetation around such entry features and the right to grade the land
under and around such entry features.
10.6 Construction and Sale Period Easement.
Declarant reserves an easement across all Community property for Declarant and any builder or
developer approved byDeclarant to maintain and carryon, upon such portion of the Community as
P PP
Declarant may reasonably deem necessary, such facilities and activities as in the sole opinion of
Declarant may be required, convenient, or incidental to Declarant's and such builder's or developer's
development, construction, and sales activities, including, but without limitation: the right of access,
ingress and egress for vehicular and construction activities over, under, on or in the Community,
including, without limitation, any Lot; the right to tie into and/or otherwise connect and use (without a tap-
on or any other fee for so doing), replace, relocate, maintain and repair any device which provides utility
or similar services including, without limitation, electrical, telephone, natural gas, water, sewer and
drainage lines and facilities constructed or installed in, on, under and/or over the Community the right to
carry on sales and promotional activities in the Community; and the right to construct and operate
25
•
business offices, signs, construction trailers, model residences, and sales offices. Rights exercised
pursuant to such reserved easement shall be exercised with a minimum of interference to the quiet
enjoyment of affected Lots, reasonable steps shall be taken to protect such Lots, and damage shall be
repaired by the Person causing the damage at its sole expense. This Section shall not be amended
without the Declarant's express written consent until the Declarant's rights hereunder have terminated.
Article 11
Development Period
11.1 Development Period.
Until such time as all of the Lots within the Community have been sold by Declarant and by the
initial builders (the "Development Period"), and unless Declarant elects otherwise, Declarant shall have
exclusive authority to manage and operate the Common Property including all rights, duties, functions,
and authority granted to the Association hereunder. This requirement is made in order to ensure that the
Common Property will be adequately administered in the initial stages of development, and to ensure an
cv orderly transition to Association operation. Acceptance of an interest in a Lot evidences acceptance of
m this management and operational authority in Declarant. In addition, Declarant shall have the exclusive
Cla
authority to declare, create, establish; grant and convey to adjacent property owners a non-exclusive
easement for ingress" egress, and utilities on, over, under, across and along the roadway portion of the
Common Property.
11.2 Amendment by Declarant.
This Declaration may be amended during the Development Period by the sole signature of the
,=; Declarant. After the Development Period this Declaration may be amended by an instrument signed by
CV not less than a majority of the members of the Association.All amendments must be recorded.
Article 12
General Provisions
12.1 Enforcement.
Each Owner and Occupant shall comply strictly with the Bylaws, the rules and regulations, the
use restrictions, as they may be lawfully amended or modified from time to time, and with the covenants,
conditions, and restrictions set forth in this Declaration and in the deed to such Owner's Lot, if any. The
Board of Directors may impose fines or other sanctions, which shall be collected as provided herein for
the collection of assessments. Failure to comply with this Declaration, the Bylaws or the rules and
regulations shall be grounds for an action to recover sums due for damages or injunctive relief, or both,
maintainable by the Board of Directors, on behalf of the Association, or, in the proper case, by an
aggrieved Owner. Failure by the Association or any Owner to enforce any of the foregoing shall in no
event be deemed a waiver of the right to do so thereafter. The Board of Directors shall have the right to
record in the appropriate land records a notice of violation of the Declaration and Bylaws, and to assess
the cost of recording and removing such notice against the Owner who is responsible (or whose
Occupants are responsible)for violating the foregoing.
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12.2 Duration,
The covenants and restrictions of this Declaration shall run with and bind the Community, and
shall inure to the benefit of and shall be enforceable by the Association or any Owner, their respective
legal representatives, heirs, successors, and assigns, perpetually to the extent provided by law; provided,
however, so long as and to the extent that Washington law limits the period during which covenants
restricting land to certain uses may run, any provisions of this Declaration affected thereby shall run with
and bind the land so long as permitted by such law, after which time, any such provision shall be (a)
automatically extended (to the extent allowed by applicable law) for successive periods of ten ( 10 )
years, unless a written instrument reflecting disapproval signed by the then Owners of at least two- thirds
(2/3) of the Lots and the Declarant (so long as the Declarant owns any property for development has
been recorded within the year immediately preceding the beginning of a ten (10) year renewal period
agreeing to change such provisions, in whole or in part, or to terminate the same, in which case this
Declaration shall be modified or terminated to the extent specified therein; or (b) extended as otherwise
provided by law. Every purchaser or grantee of any interest (including, without limitation, a security
interest) in any real property subject to this Declaration, by acceptance of a deed or other conveyance
cn therefore, thereby agrees that such provisions of this Declaration may be extended and renewed as
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provided in this Section.
ICC) 12.3 Amendment.
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12.3.1 This Declaration may be amended unilaterally at any time and from time
to time by Declarant (a) if such amendment is necessary to bring any provision hereof into compliance
Er+ with any applicable governmental statute, rule, or regulation or judicial determination which shall be in
conflict therewith; (b) if such amendment is necessary to enable any title insurance company to issue title
insurance coverage with respect to the Lots subject to this Declaration; (c) if such amendment is required
by an institutional or governmental lender or purchaser of mortgage loans, including, for example, the
Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such
lender or purchaser to make or purchase Mortgage loans on the Lots subject to this Declaration; ( d) if
such amendment is necessary to enable any governmental agency or private insurance company to
insure or guarantee Mortgage loans on the Lots subject to this Declaration; provided, however, any such
amendment shall not adversely affect the title to any Owner's Lot unless any such Lot Owner shall
consent thereto in writing; or ( e) for any other purpose; provided, however, any such amendment shall
not materially adversely affect the substantive rights of any Lot Owners hereunder, nor shall it adversely
affect title to any Lot without the consent of the affected Lot Owner.
12.3.2 In addition to the above, this Declaration may be amended upon the
affirmative vote or written consent, or any combination thereof, of the Owners of at least two-thirds (2/3)of
the Lots and the consent of Declarant (so long as the Declarant owns any property for development).
Notwithstanding the foregoing, the provisions of Section 2.2 and 5.1 as to the Association's powers
regarding the Common Property may only be amended upon the affirmative vote or written consent, or
any combination thereof, of all or one hundred percent (100%)of the Owners of the Lots and the consent
of Declarant (so long as the Declarant owns any property for development). Amendments to this
Declaration shall become effective upon recordation, unless a later effective date is specified therein.
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These covenants may not be amended to eliminate the requirements to maintain common improvements
including storm water facilities, private roadways and other common areas, or permitting conveyance of
those features to a third party without the written permission of the City of Renton.
12.4 Partition.
The Common Property shall remain undivided, and no Owner nor any other Person shall bring
any action for partition or division of the whole or any part thereof without the written consent of all
Owners of all portions of the property located within the Community and without the written consent of all
holders of all Mortgages encumbering any portion of the property, including, but not necessarily limited to,
the Lots located within the Community.
12.5 Gender and Grammar.
The singular, wherever used herein, shall be construed to mean the plural, when applicable, and
the use of the masculine pronoun shall include the neuter and feminine.
12.6 Severability.
a. Whenever possible, each provision of this Declaration shall be interpreted in such manner as to
rep be effective and valid, but if the application of any provision of this Declaration to any person or to any
property shall be prohibited or held invalid, such prohibition or invalidity shall not affect any other
provision or the application of any provision which can be given effect without the invalid provision or
application, and, to this end, the provisions of this Declaration are declared to be severable.
CZ' 12.7 Captions.
C•%' The captions of each Article and Section hereof: as to the contents of each Article and Section,
•*=) are inserted only for convenience and are in no way to be construed as defining, limiting, extending, or
otherwise modifying or adding to the particular Article or Section to which they refer.
12.8 Perpetuities.
If any of the covenants, conditions, restrictions, or other provisions of this Declaration shall be
unlawful, void, or voidable for violation of the rule against perpetuities then such provisions shall continue
only until twenty-one (21) years after the death of the last survivor of the now living descendants of
Elizabeth II, Queen of England,
12.9 Indemnification.
To the fullest extent allowed by applicable Washington law, the Association shall indemnify every
officer and director against any and all expenses, including, without limitation, attorney's fees, imposed
upon or reasonably incurred by any officer or director in connection with any action, suit, or other
proceeding (including settlement of any suit or proceeding, if approved by the then Board of Directors) to
which such officer or director may be a party by reason of being or having been an officer or director. The
officers and directors shall not be liable for any mistake of judgment, negligent or otherwise except for
their own individual willful misfeasance, malfeasance, misconduct, or bad faith. The officers and directors
shall have no personal liability with respect to any contract or other commitment made by them, in good
faith on behalf of the Association (except to the extent that such officers or directors may also be
28
members of the Association), and the Association shall indemnify and forever hold each such officer and
director free and harmless against any and all liability to others on account of any such contract or
commitment. Any right to indemnification provided for herein shall not be exclusive of any other rights to
which any officer or director, or former officer or director, may be entitled. The Association may maintain
adequate general liability and officers' and directors' liability insurance to fund this obligation, if such
coverage is reasonably available.
12.10 Books and Records.
12.10.1 Inspection by Members and Mortgagees. This Declaration, the
Bylaws, copies of rules and use restrictions, membership register, books of account, and minutes of
meetings of the members of the Board of Directors and; of committees shall be made available for
inspection and copying by any member of the Association or by the duly appointed representative of any
member and by holders, insurers, or guarantors of any first Mortgage at any reasonable time and for a
purpose reasonably related to such Person's interest as a member or holder, insurer, or guarantor of a
`" first Mortgage at the office of the Association or at such other reasonable place as the Board of Directors
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shall prescribe.
C=i 12.10.2 Rules for Inspection. The Board of Directors shall establish
reasonable rules with respect to:
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CZ1 (a) Notice to be given to the custodian of the records;
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(b) Hours and days of the week when such an inspection may be made; and
c-4
(c) Payment of the cost of reproducing copies of documents.
12.10.3 Inspection by Directors; Every director shall have the absolute right at
any reasonable time to inspect all books, records, and documents of the Association and the physical
properties owned or controlled by the Association. The right of inspection by a director includes the right
to make extra copies of documents at the reasonable expense of the Association.
12.11 Financial Review.
A review of the books and records of the Association shall be made annually in the manner as the
Board of Directors may decide; provided, however, after having received the Association's financial
statements at the annual meeting, by a Majority of the Total Association Vote, the Owners may require
that the accounts of the Association be audited as a common expense by a certified public accountant
Upon written request of any institutional holder of a first Mortgage and upon payment of all necessary
costs, such holder shall be entitled to receive a copy of audited financial statements within ninety (90)
days of the date of the request
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12.12 Notice of Sale, Lease or Acquisition.
In the event an Owner sells or leases such Owner's Lot, the Owner shall give to the Association,
in writing, prior to the effective date of such sale or lease, the name of the purchaser or lessee of the Lot
and such other information as the Board of Directors may reasonably require. Upon acquisition of a Lot
each new Owner shall give the Association, in writing the name and mailing address of the Owner and
such other information as the Board of Directors may reasonably require.
12.13 Agreements.
Subject to the prior approval of Declarant (so long as Declarant owns any property for
development and/or sale in the Community) all agreements and determinations, including settlement
agreements regarding litigation involving the Association, all fully authorized by the Board of Directors
shall be binding upon all Owners, their heirs, legal representatives, successors, assigns, and others
having an interest in the Community or the privilege of possession and enjoyment of any part of the
Community.
at
12.14 Implied Rights.
The Association may exercise any right or privilege given to it expressly by this Declaration, the
Bylaws, the Articles of Incorporation, any use restriction or rule, and every other right or privilege
c" reasonably to be implied from the existence of any right or privilege given to it therein or reasonably
necessary to effectuate any such right or privilege.
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12.15 Variances.
Notwithstanding anything to the contrary contained herein, the Board of Directors or its designee
`" shall be authorized to grant individual variances from any of the provisions of this Declaration, the Bylaws
and any rule, regulation or use restriction promulgated pursuant thereto if it determines that waiver of
application or enforcement of the provision in a particular case would not be inconsistent with the overall
scheme of development for the Community.
12.16 Litigation.
No judicial or administrative proceeding shall be commenced or prosecuted by the Association
unless approved by at least seventy-five {75%) percent of the Total Association Vote. This Section shall
not apply, however, to (a) actions brought by the Association to enforce the provisions of this Declaration
{including, without limitation, the foreclosure of liens), (b) the imposition and collection of assessments as
provided in Article 4 hereof, (c) proceedings involving challenges to ad valorem taxation, or (d)
counterclaims brought by the Association in proceedings instituted against it. This Section shall not be
amended unless such amendment is made by the Declarant pursuant to Article 12, Section 12.3 hereof or
is approved by the percentage votes, and pursuant to the same procedures, necessary to institute
proceedings as provided above.
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IN WITNESS WHEREOF, the Declarant herein, hereby executes this instrument through its duly
authorized officers, this //-f h day of FES RUAz`t , 2002.
DECLARANT:
MORGAN COUR ESTORS, LLC
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By:
Its: `71 'v''► kith)
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EXHIBIT A
DESCRIPTION OF COMMON PROPERTY
Tract A, B, C, D, E and G of City of Renton Plat LUA-01-028, Morgan Place, as
described in Exhibit C.
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M si N
A
N 8j70'5.2" W 511.00'
n
40 39 38 37 36� 35 34 tvr,:
Gi . NEsrIiH _
i - - 1 - --V :V-
0) 41 W
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31 32 133 Q
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42 •?- n e UI,;
111-____c\ ,
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14
Lo 43 Q-" . .. `t ;
r !7
o
0 200' 0 44 Z" o
=n— zi Q,, 30 78A�T-E. 1 z -
(NGPA)•
---
rV SCALE: 1" = 200' 45 _a :?
o Crt °I , 29 I. TRACT G I
r,�'_" (STORM I rm>BM
.:.. 46 '-'1'-' 28 •M DRAINAGE) 1
kot/ 1 BM B to
-- �. ..� � -�,-i..-4- -1851 •
N 887109" W 510.61' — "' ---
N — .'- _NE 4TH ST=--d ,.
N `N 882109'' W 630.37 ura.
O o1 0; 21 W i 77-77r-77-T-'7
-: ,
CZ) N 22 tj'-' I27` 26 11 10 9 8 7 ;;`'I TRACT F
0
N W I ] I =,'i1i (ROW DEDICATION)
t 41
1 It 1 + 7 - Li-'L..irT.--- - . ---1, ,,,,i.i:,!i?'--
co 23i 1 24 25 12 1 i-:{'.11�
i o Gj -' 1`D t
I z 'AY' 13 5 �,
,:: 2
__ _- TRACT 0* i 1
14
20 • k;,
15 1Z`f 3 0..,.
TRACT C 2 z,;
(OPEN SPACE/LANDSCAPE) -- I • • 19 rC
16 2 1 i:_
N 0078'51"E ' -
.
353.34' I ...; _
I :_!°. TRACT B ' ' 17 r:. 1 I`'_;;.
(STORM DRAINAGE) : 18 s7
N 8823'10" W 600.62' 41'W
2 I Q �:
OI, °I (LAANDSCAPE) J 2:l
-.1,Q z l I v;:ti EXHIBIT B
MAP OF COMMON AREA
MORGAN PLACE SEC. 10, TWP.23 N., RGE. 5 E., W.M.
DWN. BY• DATE: JOB NO.
4030 Lake Washington
00 ETERSON Blvd. N.E.,Suite 200 RSC 10/24/01 ABRE-0002
CONSULTING Kirkland,WA 98033
E N G I N E E R S Tel(425)827-5874 CHKD. BY: SCALE: SHEET
....... Fax(425) 822-7216 JAS 1"=200' 1 OF 1
k
EXHIBIT C
REAL PROPERTY SUBMITTED - COMMUNITY
LEGAL DESCRIPTION:
PARCEL 8:
THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE
C SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST,
r,., WILLAMEIIE MERIDIAN, IN KING COUNTY, WASHINGTON;
0o EXCEPT THE SOUTH 42 FEET THEREOF CONVEYED TO KING COUNTY FOR SOUTHEAST
r-- 128TH STREET BY DEED RECORDED UNDER AUDITOR'S FILE NUMBER 5755895.
0
of PARCEL C:
THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST,
o WILLAMLIIE MERIDIAN, IN KING COUNTY, WASHINGTON;
EXCEPT THE EAST 150.01 FEET THEREOF; AND
Iv EXCEPT THE SOUTH 42 FEET THEREOF CONVEYED TO KING COUNTY FOR SOUTHEAST
'0 128TH STREET BY DEED RECORDED UNDER AUDITOR'S FILE NUMBER 5837604.
•o
PARCEL D:
TRACTS 1 AND 4 BLACK LOAM FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 12 OF PLATS, PAGE(S) 101, IN KING COUNTY, WASHINGTON;
EXCEPT THE WEST 120 FEET OF THE EAST 150 FEET OF THE NORTH 160 FEET OF THE
WEST HALF OF SAID TRACT 1; AND
EXCEPT THE NORTH 12 FEET THEREOF CONVEYED TO KING COUNTY FOR SOUTHEAST 128th
STREET BY DEEDS RECORDED UNDER AUDITOR'S FILE NUMBERS 5761687 AND 5821507.
PARCEL E:
THE WEST 120 FEET OF THE EAST 150 FEET OF THE NORTH 160 FEET OF THE WEST HALF
OF TRACT 1, BLACK LOAM FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF,
RECORDED IN VOLUME 12 OF PLATS, PAGE(S) 101, IN KING COUNTY, WASHINGTON;
EXCEPT THE NORTH 12 FEET THEREOF CONVEYED TO KING COUNTY FOR SOUTHEAST 128th
STREET BY DEEDS RECORDED UNDER AUDITOR'S FILE NUMBERS 5761687 AND 5821507.