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HomeMy WebLinkAboutRC 9609101362 )CO3101 f2 r$ 1 • 960910-1362 02:22:00 PM KING COUNTY RECORDS 023 HNT 30.00 1 E 7 oa0 2 la08 o I . z tzi O � d n H r, Z H trJPziO Pi1 z H H � O H O z , A � c ' w i STONEGATE TABLE OF CONTENTS Page ARTICLE I Interpretation 2 Section 1 : Liberal Construction 2 Section 2 : Definitions 2 Section 2 . 1 Association 2 Section 2 . 2 Common Area 2 Section 2 . 3 Declarant 2 Section 2 .4 Development Period 2 Section 2 . 5 Development Plan 3 Section 2 . 6 Lot 3 Section 2 . 7 Owner 3 Section 2 . 8 Subdivision 3 Section 2 . 9 Native Growth Protective Easement 3 CARTICLE II Property Rights 4 CI.� Section 1 : Owner' s Easement of Enjoyment 4 Section 2 : Delegation of Use 4 QD () ARTICLE III Membership and Voting Rights 5 Section 1 : Membership 5 Section 2 : Voting Rights 5 ARTICLE IV Association Regulations and Assessments 5 Section 1 : Creation of the Lien and Personal Obligation os Assessments 5 Section 2 : Purpose of assessment 6 Section 3 : Maximum Assessment 6 Section 4 : Special Assessments 6 Section 5 : Reserves for Repair of Replacement 7 Section 6 : Common Areas Exempt 7 Section 7 : Exception to Maximum Assessment Limitation 7 Section 8 : Notice of Quorum for Establishing a Budget 7 - 1 - Section 9 : Uniform Rate of Assessment; Lots Owned by Declarant Exempt 7 Section 10 : Date of Commencement of Assessments; Due Dates 7 Section 11 : Effect of Nonpayment of Assessments; Remedies of the Association 8 Section 12 : Subordination of the Lien to Mortgages 8 Section 13 : Real Property Taxes 9 Section 14 : Common Area Maintenance Responsibility; Private Street Lighting System 9 Section 15 : Rules and Regulations 9 Section 16 : Indemnification of Board Members and Officers 10 ARTICLE V Acceptance of Covenants 11 Section 1 : Occupancy and Use 11 Section 2 : Residential Site 11 Section 3 : Construction of Improvements 12 Section 4 : Architectural Control 12 :JD Section 5 : Minimum Size Requirements 14 c0 Section 6 : Landscaping 14 '4 Section 7 : Construction 15 Section 8 : Plantings and Fences 15 Section 9 : Antennas 15 dSection 10 : Changing Lot Contours 16 Section 11 : Maintenance by Owners 16 CD Section 12 : Garbage Disposal 16 Section 13 : Clothesline 17 Section 14 : Roofing Materials. and Siding 17 Section 15 : Underground Utilities 17 Section 16 : Nuisance 17 Section 17 : Trash and Accumulations 17 Section 18 : Non-permitted Parking 18 Section 19 : Signs 18 Section 20 : Woodpiles 18 Section 21 : Restriction Against Wells 18 Section 22 : Assessments for Lighting, Water and Utilities 18 Section 23 : Deviation 19 Section 24 : Additional Restrictions 19 Section 25 : Easements and Restrictions on Final Plat 19 Section 26 : Sales and Construction Facilities 19 - 2 - ARTICLE VI General 'Provisions 19 Section 1 : Covenants to Run with Land 19 Section 2 : Breach of Covenants 20 Section 3 : Failure to Enforce 21 Section 4 : Right to Assign by Declarant 21 Section 5 : Annexation 21 Section 6 : Amendment of this Declaration 22 Section 7 : Severability 22 w4i LD - 3 - • DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF STONEGATE THIS DECLARATION is made on the date hereinafter set forth by Cl Chaffey Corporation, a Washington Corporation, hereinafter referred to as "Declarant, " v4 ttO WITNESSETH 0 M WHEREAS, Declarant is the Owner of certain property in the City of Renton, County of King, State of Washington, which is more particularly described as follows and hereinafter referred to as the "Subdivision" : Lots 1 through 53 and Tracts A, C, E, F, H and J of the Plat of "Stonegate" as recorded in Volume \ \\, Pages ;•i. ‘0,1 , records of King County, Washington, under Auditor' s File No. NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner thereof . - 1 - ARTICLE I. Intrpretation._ Section 1. Liber&l_onstruction. The provisions of this C�? Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the operation, maintenance, rqconstruction, appearance and harmony of the Project . Section 2 . Definitions: Q t„eD Section 2 . 1 "Association" shall mean and refer to CI STONEGATE HOMEOWNERS ASSOCIATION, a Washington nonprofit corporation, its successors and assigns . Section 2 . 2 "Common Area" or "Open Space" (hereinafter referred to as "Common Area" ) shall mean all real property owned, used and/or maintained by the Association or designated as such on the final plat . The Common Area includes ownership and/or maintenance obligations on or related to Tracts A, B (landscaping, signage and lighting maintenance) , C, D (landscaping, signage and lighting maintenance) , F, H and J. Included in the definition of Common Area for purposes of maintenance obligations is the maintenance and payment for repair and/or operation expenses for the private lighting system throughout the plat and maintaining landscaping, signage and/or lighting in Tracts B, D and H. Section 2_.3 "Declarant" shall mean and refer to Chaffey Corporation, a Washington corporation, their successors, heirs and/or assigns if such successors, heirs and/or assigns should acquire all of the undeveloped lots from the Declarant for the purpose of development . Section 2 .4. "Development Period" shall mean and refer to that period of time beginning on the date of this Declaration and ending at the earlier of : (i) 10 years from the date hereof; (ii) sale to individual residential owners of eighty-five percent (85%) of the Lots; or (iii) written notice from the Declarant to the Association in which the Declarant elects to terminate the Development Period. - 2 - Section 2 . 'i "Development Plan" shall mean the Declarant ' s intended use and development of the property, including and subject to any and all regulations imposed by state, federal and local law or as otherwise set forth in the final plat map, this Declaration, or conditions imposed as a part of the approval of the Subdivision. Section 2 . 6 "Lot" shall mean and refer to all parcels of land shown upon the recorded final plat map of the Subdivision, with the exception of the Common Area, easements and any land conveyed or dedicated to King County, the City of Renton or local municipal corporations . Section 2 . 7 "Owner" shall mean and refer to the record owner, whether one or more persons or entities of a fee simple title to any Lot which is a part of the Subdivision, including N contract purchasers, but excluding those having such interest QD V1 merely as security for the performance of an obligation. Q Section 2 . 8 "Subdivision" shall mean and refer to that certain real property hereinabove described. CD Section 2 . 9 "Native Growth Protective Easement" or +C"1 "NGPE" shall mean the real property designated a "Native Growth Protective Easement" , "NGPE" or "Sensitive Area Tract" on the face of the Plat . Dedication of an NGPE conveys to the public a beneficial interest in the land within the NGPE. This interest includes the preservation of the native vegetation for all purposes that benefit the public health, safety, and welfare, including control of surface water and erosion, maintenance of slope stability, visual and aural buffering, and protection of plant and animal habitat . The NGPE imposes upon all present and future owners and occupiers of the land subject to the easement the obligation, enforceable on behalf of the public by the City of Renton, to leave undisturbed all trees and other vegetation within the easement . The vegetation within the easement may not be cut, pruned, covered by fill, removed or damaged without the express written approval from the City of Renton Development Services Division or its successor agency, unless otherwise provided by law. No building foundations are allowed beyond the required building setback line, unless otherwise provided by law. The common boundary between the NGPE and the area of development activity must be marked or otherwise flagged to the satisfaction of Renton prior to any clearing, grading, building - 3 - • construction or other activity on a lot subject to the NGPE setback area. The required marking or flagging shall remain in place until all development proposal activities in the vicinity of the sensitive area/NGPE are completed. ARTICLE II. Property Rights Section 1. Owners' Easement of Enjoyment. Every Owner shall have a right and easement of enjoyment, subject to restrictions set forth herein or in the final Plat, in and to the Common Area which shall be appurtenant to and shall pass with the title to every lot, 04 subject to the following provisions : (i) the right of the Association to charge reasonable O assessments of fees for use, maintenance, preservation, 1.4 insurance and other costs related to the Common Area. C, O CO (ii) the right of the Association to dedicate or transfer CI all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members . No such dedication or transfer shall be effective unless an instrument signed by two-thirds (2/3) of the total membership agreeing to such dedication or transfer has been recorded. (iii) the right of the Declarant to make use of or occupation of, or utilize for purposes of ingress, egress, utilities and other similar purposes, in the Common Area for the duration of the Development Period. Section 2 . Delegation of Ilse. Any Owner may delegate, in accordance with the Bylaws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property. The easement in favor of the owners for the Common Area shall be appurtenant to and shall not be separated from the ownership of any Lot and shall not be assigned or conveyed in any way except upon the transfer of title to such Lot and then only to the transferee of such title . The easement shall be deemed so transferred and conveyed whether or not it shall be so expressed in the deed or other instrument conveying title . - 4 - ARTICLE III. Membership and Voting_Righte Section 1. Membership. Every Owner of a Lot which is subject to assessment and all Lots within the Subdivision held for sale by Declarant shall be a member of the Association. Membership shall be appurtenant to and may not be separate from Ownership of any Lot which is subject to assessment . Section 2 . Voting Rights. The Association shall have two (2) classes of voting membership: Class A: Class A members shall be all Owners with the exception of the Declarant and shall be entitled to one (1) vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members . The vote for such Lot shall be 02 tD exercised as they among themselves determine, but in no Cl event shall more than one (1) vote be cast with respect Oto any Lot . CI Class B: Class B members shall be the Declarant and CD shall be entitled to three (3) votes for each lot owned. QD Ch The Class B membership shall cease and be converted to Class A membership upon the expiration of the Development Period. ARTICLE IV. Assoction Regulations and Assessments r � 19 . - • • 0 - • - _ * • • - _ • , - • . ' . _ ' • •1 •I. Assessments. The Declarant, for each improved Lot owned within the Subdivision, hereby covenants, and each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agrees to pay to the Association: (a) annually, semi-annually, quarterly or monthly assessments or charges; and (b) special assessments to be established and collected as hereinafter provided. - 5 - • The assessments, together with interest, costs and reasonable attorney fees, shall be a charge on the land and shall be a continuing lien upon and shall attach to the property against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorney fees incurred in collecting the same, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due, irrespective of the ownership of the Lot at the date of collection. Section 2 . Purpose of Assessment. The assessment levied by the Association shall be used to promote the recreation, health, safety and welfare of the residents in the Subdivision and for the improvement, construction, repair, maintenance, insurance and other expenses (e .g. , taxes, utility and street lighting charges, gardening, landscaping and fencing) , related to or arising from Common Area or land for which the Association has such responsibilities or obligations (e.g. , street lighting, landscaping maintenance in Tracts B and H excluding the drainage course, entry landscaping, fencing and monuments) or other items deemed necessary and proper by the Association to keep the Subdivision in a good, clean, attractive and safe condition in compliance with all CAD 01 applicable codes, laws, rules and regulations . er! ® Assessments may also be levied to pay for any professional rI 0'1 services or consultation incurred by the Association in carrying Q out its duties, including but not limited to biologists, certified Cr public accountants and legal counsel . CI Section 3 . Maximum Assessment. Until January 1st of the year immediately following the conveyance of the first Lot to an Owner, the maximum assessment shall not exceed two hundred dollars and no/100 ($200) per year. The assessments shall be established, reviewed, and/or adjusted by the Board of Directors, subject to member ratification, as provided in the bylaws of the Association. Section 4 . Special Assessments . In addition to the assessments authorized above, the Association may, in accordance with and to the provisions of the bylaws and any applicable laws, levy special assessments through the use of a special budget as authorized in the bylaws of the Association. The special assessments may be used to cover unanticipated financial shortfalls, and/or for the purpose of defraying, in whole or in part, extraordinary expenses such as the cost of any construction, reconstruction, repair or replacement of a capital improvement of the Common Area, property, street lighting maintenance and - 6 - liability expenses, fixtures or improvements of the Association, including repairs or renovation. Section 5 . Reserves for Repair or Replacement. As a common expense and as a part of the Association budget, the Association may establish and maintain a reserve fund for repair or replacement of improvements and community facilities thereon by the allocation and payment monthly to such reserve fund of an amount to be designated from time to time by the Association. The reserve fund shall be expended only for the purpose of repair, replacement or improvement to the Common Areas and any improvements and community facilities for which the Association is responsible, and for start-up expenses and operating contingencies of a nonrecurring nature . The proportional interest of any Owner in any such reserve shall be considered an appurtenance of such Owner' s Lot or Living Unit and shall not be separately withdrawn, assigned, or transferred, or otherwise separated from the Lot or Living Unit to which it appertains and shall be deemed to be transferred with such LO Lot in the event of a transfer or sale . C) Section 6 . Common Areas Exempt. The Common Areas and all 4 portions of the Property dedicated to and accepted by a government or public authority shall be exempt from assessments by the CD QD Association. Section 7 . Exception_to Maximum As meat Limitation. The limitations of maximum assessments shall not apply with respect to fines for other charges against a member by the Board pursuant to this Declaration or bylaws of the Association. Section 8 . Notice - * • • • ,q • _ - 00 -_ . . - _. Written notice of any meeting called for the purpose establishing a budget from which the assessments are based shall be personally delivered or mailed to all members in a manner consistent with the provisions of the bylaws of the Association. Section 9 . Uniform Rate of Assessment; Lots Owned by Declar n Exempt. Except as otherwise authorized herein, all assessments must be fixed at a uniform rate for all Lots, provided, however, that any vacant or unimproved Lot or any unoccupied residence owned by Declarant shall not be subject to any assessment or charge herein. Section 10 . Date of Commencement_of Assessments; Due Dates. The assessments provided for herein shall not commence prior to the first day of the month following the conveyance of the first Lot - 7 - • from the Declarant . As to each particular Lot involved, the assessments shall begin on the first day of the calendar month following the date of any deed or contract of sale for the Lot, or on the first day of the calendar month following occupancy of the premises, whichever is earlier. The assessments may be budgeted on an annual basis (referred to herein as "annual assessment" ) subject to adjustments according to the number of months remaining in the calendar year. The due dates shall be established by the Board and shall be payable on a monthly, quarterly, semiannual or annual basis as determined by the Association. The Owner may prepay one (1) or more installments on any assessment without a prepayment penalty. Section 11. Effect of Nonpayment of_Aseessments; Remedies of the Association. Any assessment not paid within thirty (30) days CA after the due date shall bear interest from the due date at the V, rate of twelve percent (120) per annum. Unpaid assessments, plus CD interest, costs and attorney fees incurred by the Association in collecting assessments, enforcing the provisions of this Declaration or the bylaws, or defending itself in any litigation shall constitute and create a lien on the property, provided however, before the arrearage actually assessed, the Owner shall be provided an opportunity to be heard by the Board of Directors or such representative as is appointed by the Board of Directors . The failure to provide an opportunity to be heard as provided herein does not eliminate the accumulation of extra fees and charges, provided such opportunity is afforded before the extra fees and charges are actually assessed and collected. The Association may bring an action at law against the Owner personally obligated to pay the same for collection of the assessments or other charges pursuant to this Declaration, and/or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use or abandonment of his Lot . Section 12 . Subordination—of the—Lien to Mortgages . The lien of the assessment provided for herein shall be subordinate to the lien of any first mortgage (and to the lien of any second mortgage given to secure payment of the purchase price) now or hereafter placed on the Lot, only in the event that the lien for delinquent assessments has not been recorded with the King County Auditor at the time of the recording of the mortgage lien. Sale or transfer of any Lot shall not affect the assessment lien. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof . - 8 - h Section 13 . Real Property Taxes. In the event that there are real property taxes on the Common Area, the Association shall pay the same as an expense of the Common Area. If the tax becomes delinquent, the total amount of the delinquent taxes shall be divided equally among all the Owners, and said portion of each Owner' s share of delinquent taxes shall be a lien on said Owner' s Lot to the same extent as if the delinquent tax was on the Owner' s Lot . Section 14 . Common Area Maintenance Responsibility; Private Street Lighting System. Maintenance, repair, replacement, improvements, taxes, insurance and other obligations and expenses or assessments arising from or through this Declaration or the final plat shall be the responsibility of the Association unless otherwise specified. In addition to the maintenance of the Common Area, the Association shall maintain the landscaping and signage 04 installed by the Declarant or Association in Tracts B and H, and the obligations relating to the private street lighting. 44.4 The Association and the individual Owners shall be CI responsible for all maintenance and liabilities associated with the O private street lighting system. The system shall function during LDCI the same hours and duration as the public system, and shall meet the lighting levels and uniformity ratios as required by the Codes of'- the City of Renton. Any required repairs shall be per applicable codes and regulations, and shall be accomplished within one week of observable failure . The Association shall be required to provide (and keep current) to the Renton Transportation Division the name and telephone number of a contact person responsible for maintenance of the lighting system. A bond or other mechanism acceptable to the City shall be in place to refund the city any expenses (including but not limited to attorney fees, billing and administrative costs, telephone charges, copying charges, facsimile charges, labor and overtime, parts, materials and equipment) incurred by the City due to default or failure of the Association to prepare the light system in a timely manner. In the event roadways within the plat are classified as principal, minor or collector arterial, the street lighting on those roads shall be required to follow all City details and standards as a separate system to be turned over to the City upon acceptance. Section 15. Rules and Regulations . The Association shall have the power through corporate resolution to adopt and enforce rules and regulations governing the use of the Common Area, so long - 9 - as such rules and regulations are consistent with law or this Declaration. The Association may prescribe penalties for the violation of such rules and regulations, including but not limited to suspension of the right to use the Common Areas or portions thereof . Any such rules and regulations shall become effective thirty (30) days after promulgation or amendment and shall be mailed to all Owners within thirty (30) days after promulgation or amendment . A copy of the rules and regulations then in force shall be retained by the secretary of the Association and shall be available for inspection by any Owner during reasonable business hours . Such rules shall have the same force and effect as if set forth herein. Section 16. Indemnification of Board Members and Officers . Directors, Officers and Committee members of this Association shall not be liable to the Association or its members for damages caused by an action taken on behalf of the Association in good faith. This provision may not limit liability for acts involving V, intentional misconduct such as a knowing violation of the law or a knowing breach of the duty to the Association, or for failure to exercise the degree of care and loyalty required under RCW 24 . 03 . eq CDDirectors, Officers and Committee members of this Association shall be indemnified and held harmless from and against any damages, liabilities, judgments, penalties, fines, settlements and reasonable expenses (including attorney fees) actually incurred as a result of all actions undertaken by said person in good faith, and (i) in the case of conduct in his or official capacity with the Association, he reasonably believed his conduct to be in the Association' s best interests, or (ii) in all other cases, he reasonably believed his conduct to be at least not opposed to the Association' s best interests, and (iii) in the case of any criminal proceedings, he had no reasonable cause to believe his conduct was unlawful . Said persons shall be indemnified and held harmless to the full extent permissible under Washington law. The foregoing right of indemnification shall not be exclusive of other rights to which such Director, Officer or Committee member may be entitled to as a matter of law. The Board of Directors may obtain insurance on behalf of any person who is or was a Director, Officer, employee, or agent against any liability arising out of his status as such, whether or not the Association would have power to indemnify him against such liability. - 10 - ARTICLE V. Acceptance of Covenant$ In consideration of the acceptance hereof by the purchasers and grantees of deeds or contracts to the Lots in said Subdivision, their heirs, devisees, personal representatives, successors, and assigns, and all persons or concerns claiming by, through or under such grantees, declare and agree with each and every person who shall be or who shall become an Owner of any of said Lots, that said Lots shall be and hereby are bound by the covenants set forth herein shall be held and enjoyed subject to and with the benefit and advantage of the protective covenants, restrictions, limitations, conditions and agreements set forth herein. CNI Section 1. Occpancy and Use. No Lot, building or structure .0 thereon, or any part thereof shall be used or occupied for any V, purpose other than as a single family residence unless specifically CD authorized by zoning laws and regulations, the Association, and the r4 Declarant during the Development Period. The conduct or carrying Oon of any manufacturing, trade, business, commerce, industry, CD profession, or other occupation whatsoever, upon any such Lot or ' C) any part thereof, or in any building or structure thereon erected, shall constitute a breach of this restriction. Notwithstanding the forgoing, and subject to this Declaration and all rules promulgated hereunder, the Owners are permitted to (i) lease or rent their Lot and improvements for residential use, or (ii) to operate a home business, provided the home business is legal, complies with zoning and other governmental regulations, creates no additional traffic, involves no advertising or signs, and does not create or result in activities which are a nuisance or annoyance to other members or residents of the Subdivision. Section 2 . Residential Site. No portion of any Lot shall be owned, used or occupied except as a single residential site . A residential site shall consist of : (i) one or more full Lots; (ii) one or more full Lots and portions of a contiguous Lot or Lots; or (iii) contiguous parts of Lots which shall form one plot of land suitable for use as a site for a residence, provided that each residential site shall extend from the fronting street to the existing rear property line of the - 11 - component Lots and shall have front and rear dimensions, neither of which are less than those of the smallest component Lot shown on the plat of the Subdivision as of the date of this Declaration. A component Lot shall be deemed to be a Lot and any portion of which is included in such residential site. Section a. Construction of Improvements. For the purpose of further insuring the development of the lands in this Subdivision as a residential area of high standards, Declarant reserves the right to control the buildings, structures and improvements, including the location, placed on each Lot and the Common Area. The Owner or occupant of each Lot, by acceptance of title thereto or by taking possession thereof, covenants and agrees that the same and any improvements placed or constructed thereon shall conform to this Declaration and the Development Plan. Section 4. Architectural Control. For the purpose of further insuring the development of the lands in this Subdivision as a '4 residential area of high standards, Declarant reserves the right to control the buildings, structures and improvements placed on each residential site. The Owner or occupant of each Lot by acceptance of title thereto or by taking possession thereof, covenants and agrees that no building, wall, fence, out building, pet house, masonry, signs, lamp post, swimming pool, or other structure or improvement (hereinafter "structure" or "building") shall be placed upon said premises unless and until the plans, specifications and plot (site) plans have been approved in writing by the Declarant or its nominee as provided, in which case only those plans receiving such approval may be placed, constructed or maintained on the Lot . The Declarant may nominate the Association or an Architectural Control Committee to perform the duties specified in this Section. The Architectural Control Committee shall have three (3) members who each serve three (3) year terms. The Declarant may appoint the numbers until such time as all Lots in the subdivision have been sold and all plans approved, at which time the Declarant may transfer said appointment power to the Board of Directors . Application for approval of plans to the Declarant or Architectural Control Committee shall be accompanied by a fee established by the Architectural Control Committee . The application fee shall not exceed Two Hundred and Fifty dollars and no/100 Dollars ($250) . Refusal or approval of plans and specifications may be based on any ground, including purely aesthetic grounds, which in the sole and uncontrolled discretion of the Architectural Control Committee shall deem sufficient . No - 12 - • alteration of the exterior appearance (including without limitation, the color of any buildings or structures) shall be made without like written approval . All buildings and other structures must be designed by an architect, who is either registered to practice in the state of Washington, or is a designer approved in writing by Declarant or its nominee . As to all construction and alterations within or upon the property, the Declarant or its nominee shall have the right to refuse to approve any design, plan or color for such improvements, construction or alterations, which is not suitable or desirable in the opinion of the Declarant or its nominee for any reason, aesthetic or otherwise, and in so passing upon such design, the Declarant or its nominee shall have the right to take into consideration the suitability of the proposed building or other structure, and the material of which it is to be built and the QD exterior color scheme to the site upon which it is proposed to C' erect the same, the harmony thereof with the surrounding Lots and s4 improvements, and the effect or impairment that said structures CD eel will have on the view of surrounding building sites, and any and On all facts, which, in the opinion of the Declarant or its nominee CD shall affect the desirability or suitability of such proposed 0) structure, improvements or alterations. Any action or inaction by the Declarant or its nominee shall be solely discretionary and all parties, members and/or potential members shall hold and save Declarant or its nominee provided any such actions or inactions are in good faith. In connection with said approval, complete plans and specifications of all proposed buildings or structures and exterior alterations, together with detailed plans showing the proposed location of the same on the particular building site, shall be submitted to the Declarant, before construction or alteration is started, and such construction or alteration shall not be started until written approval thereof is given by the Architectural Control Committee . All plans and specifications for such approval must be submitted at least sixty (60) days prior to the proposed construction starting date . Should the Declarant or its nominee fail to approve or disapprove the plans and specifications submitted by an Owner of a residential site within the Subdivision within thirty (30) days after written request therefor, then the applicant may request in writing a response within an additional fourteen (14) days . In the - 13 - • event there remains no response, the plans shall be deemed approved, provided, however, the plans must still comply with the Declaration in all other respects . No building, wall, fence, sign, swimming pool or other structure shall be erected or be allowed to remain on any residential site which violates any of the covenants or restrictions contained in the Declaration. Any actions or inactions of the Declarant, its agents or nominees, or the Architectural Control Committee shall be solely discretionary and all parties, members, potential members and Lot Owners shall hold and save harmless the Declarant, its agents or nominees, and the Architectural Control Committee and its members, provided such actions or inactions are in good faith. Section 5 . Minimum Size Requirements . No building shall be 04 allowed on any residential site in the Subdivision except one single-family dwelling house, all for the use and occupancy of one V, immediate family and attendant bona fide domestic servants only. w4 Any auxiliary building must be so designed and constructed as to be w4 compatible in appearance with the main building and must have Architectural Control Committee approval . Said dwelling house shall have a fully enclosed living area, excluding attached garage QD c7 or carport, which has a floor area of not less than 2 , 000 square feet in the case of one story houses, and 2, 500 square feet in the case of multi-floored houses . No such auxiliary building, with the exception of garages and carports, shall have a ground coverage in excess of three hundred (300) square feet . No such dwelling house shall exceed two (2) stories (excluding the basement) or be more than thirty (30) feet in height, without prior written approval of the Declarant, nor shall any such auxiliary building or authorized structure be more than fourteen (14) feet in height without said approval . Height of buildings shall be measured from the highest point at which the natural contour of the ground comes in contact with such building or structure. The above requirements do not supersede any governmental requirements that are more restrictive . Section 6 . Landscaping. Each lot shall be landscaped in accordance with plans and specifications as now or hereafter adopted by the Declarant . All front yards and landscaping must be completed within six (6) months from the date of completion of the building or structure constructed thereon; in the event of undue hardship due to weather conditions, this provision may be extended for a reasonable length of time upon written approval by the Declarant, or its nominee . - 14 - Section 7 . Construction. All construction of properly authorized improvements on any residential site which have been commenced, shall be diligently pursued to completion thereof in a manner and at a rate reasonably consistent with building standards prevailing in the immediate area relating to high quality construction of a similar type, and in no event shall the period of construction of any improvement exceed nine (9) months from the date of commencement of construction to completion as to external appearance, including finished painting. No structure or vehicle, other than a completed permanent dwelling house as contemplated by these restrictions and limitations, shall be used on any Lot at any time as a residence, either permanently or temporarily. No auxiliary building shall be deemed completed as long as the dwelling house itself is incomplete . Unless written approval is Egobtained from Declarant or its nominee, no building shall be M erected upon any Lot so that any part thereof, including eaves or ' overhangs, shall be : rd AI (i) closer than twenty (20) feet to the boundary CD line of said Lot which extends along a platted street in the CI Subdivision; (ii) closer than five (5) feet to the rear boundary line of said Lot; or (iii) closer than five (5) feet to any other boundary line of said Lot . The construction of residences shall also comply with the minimum floor elevations, if any, specified for each Lot on the Final Plat . Section 8. Plantings and Fences . No hedge more than six (6) feet in height, nor any fence, wall or other similar structure more than six (6) feet in height, shall be constructed, erected, placed, planted, set out, maintained or permitted on any residential site . Section 9 . Antennas. No television antennas, including satellite communication dishes, or such similar devices, (other than "mini dishes" with a diameter of less than 24 inches placed in the location approved by the Architectural Control Committee or the Declarant) , radio aerials, ham radio broadcast or receiving apparatus, shall be erected, maintained or placed on any residential site without specific written approval by the - 15 - Association. Rotary beams or other similar devices shall not be constructed on any residential site . Section 10 . Changing Lot Contours . The surface grade or elevation of the various Lots and other residential sites in the Subdivision shall not be substantially altered or changed in any manner which would affect the relationship of such Lot or other residential sites adjoining, or which would result in materially obstructing the view from any other Lot or residential site in the Subdivision, or which would otherwise produce an effect out of harmony with the general development of the immediate area in which said Lot or other residential site is located. Whether or not such alteration or change in the elevation or grade of any Lot or any residential site would be prohibited, shall be determined by the Declarant or the Association in its sole and uncontrolled discretion. Section 11. Maintenance by Owners. Unless otherwise Cl w4 specifically provided herein, the Owner of each Lot shall be 0 responsible for the maintenance and upkeep of the improvements and landscaping located thereon. All such Owners shall likewise O maintain their hedges, plants, shrubbery, trees, and lawns in a 44 neat and trim condition at all times . Each Lot Owner agrees to promptly landscape all portions of the Lot facing any street . After notice to an Owner from the Association of such Owner' s failure to maintain said lot, landscaping and/or improvements in accordance herewith, and after approval by a majority vote of the Board of Directors or other Association committee to which such oversight responsibility shall have been delegated, the Association shall have the right, through its agents and employees, to enter upon any Lot or improvement which has been found to violate the foregoing standards in order to repair, maintain, and/or rectify the same to such standards . Provided that the Board of Directors or its representative has given the Lot Owner notice and an opportunity to be heard, the cost of such work shall be a special assessment on such Owner and such Owner' s lot and improvements, and the provisions of this Declaration regarding the collection of assessments shall apply thereto. Section 12 . Garbage Disposal . The Owners of the residential sites in said Subdivision shall be responsible to assure that no garbage can or other receptacle will be visible from any place outside the premises except on collection day. - 16 - Section 13 . Clothesline. No Owner or occupant of any residential site shall place or permit clotheslines thereon which are visible from any Lot or street in the Subdivision. Section 14. Roofing Materials and Siding. All roofs shall be in accordance with specifications as to type, style, color and other criteria as adopted by the Declarant . Section 15. Underground Utilities. All utilities, on and in public dedicated areas, private property, or on and in the Common Areas, including water, cable television, natural gas, storm sewer, and power shall be installed underground in compliance with all 04 Governmental regulations for the installation and maintenance of io; the same . No lines or wires for the transmission of current or for ,4 telephone use shall be constructed, placed, or permitted to be 0 placed upon any residential site outside the buildings thereof 011 unless (I) the same shall be underground or in the conduit attached Q to a building or (ii) is approved by the Declarant or its nominee . CD 4, Section 16. Nuisance. Nothing shall be done or maintained on any Lot or other residential site which may be or become an annoyance or nuisance to the neighborhood. No livestock, animals, poultry or fowl shall be kept on any Lot or other residential site other than animals or birds of the type and species generally recognized as common household pets in the immediate area, such as dogs, cats, canaries and parakeets which are kept on said property solely as household pets, provided that no such household pet which is or becomes an annoyance or nuisance to the neighborhood shall thereafter be kept on any Lot or residential site . No dog houses, dog runs or dog kennels may be placed on any Lot or residential site unless they are screened from the view of neighboring properties and the streets and do not create an annoyance or nuisance . All dogs shall be kept in the residence or garage at night so as to eliminate disturbances related to barking dogs while other residents are trying to sleep. Section 17 . Trash and Accumulations. No trash, refuse pile, vehicles, underbrush, compost pile, or other unsightly growth or objects shall be allowed to group, accumulate or remain on any Lot so as to be a detriment or unreasonable annoyance to the Subdivision or become a fire hazard. In the event any such condition shall exist upon any Lot, Declarant may enter upon said Lot and remove the same at the expense of the Lot Owner who, on demand, shall reimburse Declarant for the cost thereof, and such entry and removal shall not be deemed a trespass . - 17 - Section 18. Non-permitted Parking. No boats, boat trailers, house trailers, automobiles, trucks, campers, motor homes, or other vehicles, or any part thereof, not in actual current use shall be stored or permitted to remain on any residential site or Lot unless the same is stored or placed in a garage or other fully enclosed space, or is entirely screened so as not to be visible from any streets and abutting Lots. All screening is to be approved by the Architectural Control Committee. Section 19 . Signs . No signs of any kind shall be placed on any Lot or residential site in the Subdivision where the same is visible from any Lot or street in the Subdivision, except in accordance with such rules and regulations as may from time to time be adopted by the Declarant or Association. In the absence of such rules and regulations-, no signs whatsoever other than conventional house numbers indicating the address of the premises shall be placed on any Lot or residential site . "For Sale" or "For Rent" 04 signs, the maximum size of which shall be two feet by three feet, must be approved by Declarant or Association. During the V, Development Period, Declarant may require all signage on Lots and homes to be uniform in the dimension and general character � regardless of the builder or Realtor or other person involved in marketing the Lot or home. Uniformity standards may be adopted by the Declarant . 07 Section 20 . Woodpiles . Woodpiles or wood supplies shall not be stored on any front or side yard, or be visible from the streets within the Subdivision. Section 21. Restriction_Against Wells. No Lot or Owner of any Lot may have placed or constructed on, upon, under or within the confines of such Lot or any Common Area any water or irrigation wells for any purpose whatsoever. Section 22 . Assessments for Lighting_, water and Uti] i ies. The budget of the Association shall provide necessary funds to pay the cost for obligations and responsibilities such as the lighting, water and utilities in the Subdivision, including the Common Area, and the reasonable maintenance of such facilities. The proceeds of such assessments shall be used only for the purposes herein provided. The assessments herein provided for may be prorated, assessed and collected in the same manner as set forth hereinabove with respect to any other assessment provided herein, and shall constitute a lien on the respective Lots and plats and an obligation of the Owner thereof, as herein provided. - 18 - • Section 23 . Deviation. Declarant hereby reserves the right to enter into agreement with the grantee of any Lot or Lots (without the consent of the Owners of any other Lots) to deviate from the conditions, restrictions, limitations or agreements contained in this Declaration. Any deviation shall be manifested in an agreement in writing and shall not constitute a waiver of any such condition, restriction, limitation, or agreement as to the remaining Lots in the .Subdivision and the same shall remain fully enforceable as to all other Lots located in the Subdivision. Section 24 . Additional Restrictions. Declarant may from time to time during the Development Period impose or eliminate restrictions on all or any part of the Subdivision, including but not limited to designation of specific height restrictions, reservation of view corridors, color restrictions and fencing restrictions . Such restrictions shall be enforceable by the C�2 Declarant and\or the Association. QD Cl Section 25. Easements and Restrictions on Final Plat . Easements and Restrictions set forth in the recorded Plat Map are incorporated herein and hereby reserved on each Lot as shown on the 10) CD final approved Plat . al Section 26 . Sales and Constru tion Faciliti-s. Notwithstand- ing any other provision in this Declaration to the contrary, it is expressly permissible during the Development Period for the Declarant and its agents, employees or nominees, to maintain on any portion of the property owned by the Declarant or Association such facilities as the Declarant may reasonably feel are required, convenient, or incidental to the construction and/or sales of lots or improvements thereon. The Declarant may permit, in writing, an individual owner to maintain temporary equipment and construction material on the Owner' s Lot when the Declarant feels the same is reasonably required, convenient or incidental to construction activities for improvement on said Lot . ARTICLE VI. General Provisions Section 1 . Covenarits to Run with Land. This Declaration shall constitute a servitude upon all Lots in the Subdivision conveyed by Declarant, its successors or assigns, to any grantee, and shall run with the land and be binding upon all such grantees and all persons claiming by, through or under them. The acceptance of any such conveyance by any such grantee shall constitute an - 19 - agreement on the part of any such grantee, for himself, his heirs, devisees, personal representatives, and assigns to all such covenants, restrictions, limitations, conditions and agreements . This Declaration, as amended or supplemented, shall remain in full force and effect for a period of twenty (20) years from the date recorded, at which time they shall automatically extend for successive periods of ten (10) years each, unless by written agreement of the then Owners of a majority of the Lots in the Subdivision it is agreed to terminate or change this Declaration in whole or in part . In the event this Declaration is extended to include adjoining lands through the annexation procedures herein, this Declaration may only be terminated or changed in conjunction (o? with the adjoining lands, and in such case, the agreement of the then Owners of a majority of all Lots subject to this Declaration, 01 as amended and extended, shall be required to effect such 0 termination or change . Termination of this Declaration or .4 modifications which materially affect Common Areas or obligations CD of the Association shall first receive approval from any (p governmental agency potentially impacted by the termination or CI modifications . Any termination or change shall become effective upon the recording of such agreement, duly signed and acknowledged by the necessary parties, as above provided, in the offices of the Auditor of King County, Washington. Section 2 . Breach of Covenants . In the event of the violation or breach or attempted violation or breach of any of these covenants, restrictions, limitations, conditions, duly adopted rules and regulations,p egu ations, or agreements by any person or concern claiming by, through or under the Owner, or by virtue of any judicial proceedings, Declarant, the Owner of any Lot, or the Association, or any of them, jointly or severally, shall have the right to institute, defend or intervene in litigation or administrative proceedings to compel compliance with the terms hereof or to prevent such violation or breach. The Association may be involved in its own name on behalf of itself or two or more Owners on matters affecting the Association, but not on behalf of Owners involved in disputes that are not the responsibility of the Association. In the event of such enforcement, the prevailing party shall be entitled to, in addition to other relief, recovery of its attorney fees and costs . In addition to the foregoing, Declarant, or its nominee, or the Association shall have the right, whenever there is a violation of these restrictions, to enter upon the property where such - 20 - L violation exists and summarily abate or remove the same at the expense of the Owner, who, on demand and after notice and opportunity to be heard by the Board of Directors or its representative, shall reimburse the cost thereof including attorney fees and costs incurred. Such entry and abatement or removal shall not be deemed a trespass . Except in the event of an emergency, three (3) days ' written notice must be given to the noncomplying party before summary abatement or removal may occur. Section 3. Failure to Enforce. The failure to enforce any right, reservation, covenant, restriction, limitation, condition or agreement herein contained, however long thereafter, either as to the breach or violation involved or as to any similar breach or violation occurring prior or subsequent thereto, shall not bar or affect the enforcement of any such right, reservation, covenant, restriction, limitation, condition or agreement as to any such GD breach or violation thereof, nor shall said failure in any way be V1 construed as or constitute a waiver of said provision. 11.4 CD Section 4 . R ght to Assign by Declarant. The Declarant may assign any and all of its rights, powers, obligations, privileges, CD and interest under this instrument to any other person or concern, CACI and in any such case any such successor or assignee may exercise and enjoy such rights, powers, privileges and interest and shall be responsible for such obligations to the same extent as Declarant would have been had such assignment not been made . Section 5. Annexation. Additional real property may become subject to this Declaration in the following manners : (a) Additions by Declarant- . The Declarant, its successors and assigns, shall have the right, but shall not be obligated, to include additional real property of Declarant ' s selection, located outside the Property as a part of the Properties subject to and restricted by this Declaration. This right may be exercised without obtaining the consent or approval of the Association or its members. The additions of other real property authorized by this subsection shall be made by incorporating the provisions of this Declaration by reference on the face of any such final plat map of such other real property. In addition, Declarant may file for record a supplementary declaration of covenants, conditions and restrictions containing such complementary additions and modifications of the covenants contained in this Declaration as may be necessary to reflect the different character, if any, of the additional properties . - 21 - c. • r . A ! > (b) Additions by Others. Upon approval in writing of the Declarant during the Development Period and thereafter by the Association, the Owner of such real property who desires to subject such other real property to the provisions of this Declaration and to subject it to the jurisdiction of the Declarant, may file for record a supplementary declaration of covenants, conditions, and restrictions, which by its terms, expressly extends the covenants contained in this Declaration to such other real property. Section 6 . Amendment of this Declaration. Unless otherwise specifically addressed elsewhere, an amendment to any term or provision of this Declaration shall require the affirmative vote of seventy-five percent (75%) of the voting power of the Association. This Declaration may be amended during the Development Period by an affirmative vote of fifty-one percent (51%) of the voting power of Etthe Association. Amendments to any provision of this Declaration C', which expressly alter the rights, duties, and obligations of .4 Declarant shall contain the affirmative written consent of the CDDeclarant . In the event that the Declarant has the necessary votes 01 and desires to amend the Declaration during the Development Period, L,,,^ the Declarant may waive any requirements to conduct a membership CA meeting if and to the extent permissible by law. Any amendment to this Declaration must be recorded with the King County Auditor. Section 7 . Severability. Should any one of the provisions of this Declaration be declared void, invalid, illegal or unenforceable for any reason, it shall in no way affect the validity of the other provisions hereof, and such other provisions are hereby declared to be severable and shall remain in full force and effect . IN WITNESS WHEREOF, the undersigned Declarant her in has hereu to set its hand and seal the i day of , 19 ery CHAFFEY CORPORATION: (a7/ 14 By ✓/,_ Aileen Oppelaar; Vice President of Land Development - 22 - r , 4 r k STATE OF WASHINGTON ss . COUNTY OF KING On this �g day of19 /4(fi before me, a Notary Public in dfob the State of Washington, personally appeared Aileen Oppelaar, to me known to be the Vice President of Land Development of Chaffey Corporation, and who acknowledged that she is authorized for and on behalf of said corporation and did so execute the above and foregoing Declaration of Covenants, Conditions and Restrictions of Chaffey Corporation, as the free and voluntary act and deed of said corporation for the uses and purposes therein set forth. GIVEN under my hand and official seal the day and year first epi above written. CI !/ I air /1/17 • 6)VOL �.• STH �1�4 Notary Public in and for the State +r ,,�s�...,,,,,4 ��� of Washington, residing at 4. $ �Qt'�'.• I+'�:�,'; My commission expires : � c� U • /,Al ,,,'s Q.O , 7j�, ,,,t‘S..•S� 01 gli Op it iNAS07:::- c:\wpwin60\cl\chaffey\ccrs96.sto - 23 -