HomeMy WebLinkAboutRC 8104200531 F�llawing is a re-recording of the Declaration of Covenants, Conditions
and Restrictions for Canyon Oaks ori_qinally reoorded Nove.mber 7, 1980
-- under Y•ing County file no. 8011070790.
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� The re-recorded Declaration now includes Exhibit 1 (legal description)
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� which was inadvertently omitted at the time of first recording. Except
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— for the addition of the omitted Exhibit l, the re-recorded Declaration
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is identical to the originally recorded Declaration.
SWANSON—DEAN CORPORATION
By • , ���
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FIlED f OR RECORD AT REQUEST OF �
OEFICE OF THE CIT1 6lERl(
RENTON MBNICIPAI BlD6. �
200 �Ill AYE. S0. /
RENTON, WA 98055 ,
STATE OF WASHINGTON,
ss.
County of K i n q
On this 1 7 t h day of A p r i 1 , 19 8 1 ,before me, the 'gned,
a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeated,,,,{�u
P . EDWARD DEAN , JR . � �-E ''�°';P'�y �
to me known to be the President and XS��'r��Xr�s�Sa1�Kv�1�
SWANS�N- DEAN CORPORATION
the corporation that executed the foregoing instrument, and acknowledged the said inst nt to be the free and vol
� act and deed of said corporation, for the uses and purposes therein mentioned, and on o stated that h e i s
authorized to execute the said instrument and that the seal affixed (if any) is the corpor e seal of said cotporation.
Witness my hand and of�icial seal hereto affixed the day and year first above written. �
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Q������l.�.l-��-- -�------ - �- l------
Notary Publrc in and f or th ate o f Wa.rhington,
ACKNOWLLD6M[NT� CORP011ATION re.riding at R e d m o n d
Form No.W-14
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DE��ARATION OF COZ7.EL�1AN'.I'S, C�t�DITZqNS
AND RES�.'RICI'SONS
FOR
CA1`1YtJN O�lIGS
THIS DE'�L,ARATIOTt, made by the r��i��, �o �.� tn� c�.�� o� ���
Frc�erties situa�.ed in the State of T�Jashington, Countyo uf King, descrik�d on
E�hibit l, hereto attac!�ed, hereby covenants, agrees and declares tk�at all. of_
said Properties and Housing Units constructed thereon are and wi11 be held, sold
and conveyed subject to the following covenants, conditions, restrictions, ease-
� irents and reservati�s, all of u�ich are �ar the purpose af enhancing and pro-
tecting the value, desirability and attractiveness af said Properties far the
benefit o� all o�' said Pra�erties and the awners thereof and their heirs, suc-
..... cessors and assigns. 'I'hese covenants, c�nditions, restrictions, easements and
LC�'? reservaticros shall run with the said Properties and shall be bind.is�g on al1
� parties having or acquiring any right, �.i�.le or interes� i,n the Properties or
C� �Y Part tY�reof, and sha11 inure to the ben�fit of each awne� thereof. Acc3ep�.-
�( ance of an i,nter�st in a Lot, sha11 be d� acoeptance of the terms and provi-
� sions of this Declaration.
`� AR2'ICLE ONE
De�initions
For pur�ose� af the Declaratian and the Articles and Bylaws of the Associa-
tion certain wards and phrases have particular m�:anings �.rhich are as follaws:
l. "Association" shall mean the Canyan Oaks Hc�eowners Assaciation, a
Washington nonprafit carporatic�, its sucaessc�rs and assigns.
2. "C��n Areas" shall mean those portions o.f �.he "Pro3�ert:ies" amed ar
to be owned by the Association _f�r �� ��� use and enja�m�n-� of Associatir�n
Menrbers.
3. "Declaration" sha11 mean this Declarat.ian of_ Cc�venants, Conditions and
Restrictians,
4. "Devel�er" shall zrean Swanson Dean Corparation, ar a perscm ar entity
to which it assigns its rights as Develc�er.
5. "Housing Unit'° shall mean the residen�.ial bu:ildings and garages oc-
cupying a Lot.
o. "Lot" shall r,iean thos� Lats shawn on the plat of Canyon Oaks recc�rded
in Voltu� j,f�i af Plats, Pages t�i� ��� , �cords of Ki.ng County,
Washing�in.
?. ".��an�r" shall mean every �erson or enti.ty tha� holds a n�mbt=rship in
�he Association.
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� • 8. "Owner" shall mean the record awner of a Lot, whether one or more
persons or entities, but exclucling those having such interest merely as secu-
rity. A real estate contract purchaser shall be deemed the Owner.
9. "Properties�� shall mean the real property described on Exhibit 1 at-
tached hereto.
ARTICLE TWO
Management of Co[mbn Areas
and Enforcement of Covenants, Conditions and Restrictions
Upon the recordi.ng with the King County Recorder of the Developer's deed
conveying the CaY¢r�n Areas to the Association, the Association shal�. have the
sole authority and obligation to manage and administer the Camr�n Areas and to
enforce these covenants, conditions and restrictions. Such authority shall
� include all authority provided for in the Association's Articles, Bylaws, rules
� and regulations, as initially adopted, or as the same ma.y hereafter be amended,
and all the authority granted to the Association by this Declaration, eith�er
directly or by necessary implication.
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Prior to conveyance of the CaYmon Areas to the Association, the Developer
� , shall appoint three persons to act in the capacity of an interim Board of Di-
rectors of the Association. Said persons shall function in this capacity until
their successors are elected and qualified.
Not more than ninety (90) days follawing the appointznent of said Board of 'i
' Directors by the Developer, said Board of Directors shall give written notice to
all Owners of the date, place and time at which a meeting of the Owners will be
held. The notice shall specify that the purpose of the meeting is to elect new
officers and directors of the Association. Notwithstancling any other provision
of the Articles or Bylaws of the Association to the contrary, for pL�oses of
this meeting, those Owners present in person or by proxy shall constitute a
quor�un. The Board of Directors and the officers of the Association shall be
elected by a majority vote of the Owners present in person or by pro� at said
meeting. The Board of Directors appointed by the D�veloper may be re-elected as
directors of the Association.
ARTIQ�E THREE
Transfer of ComYr�n Areas to Association
The Dev�eloper hereby agrees that it will convey and quit claim the Co�mr�n
Areas to the Associatian free and clear of any monetary enct�nbrances, but subject
to other covenants, restrictions and easements of record, including this
Declaration. The deed conveying the C�an Areas shall contain the follawing
restriction: "'I'he property hereby conveyed shall at all times be maintained. as
open space C�n Areas and no change in the use thereof shall occur unless such
change of use shall be approved. by the City of Renton." The foregoing restriction
is required to preserve the underlying density of the construction of thirty units
on 5.5 acres of land. A conveyance of the Catt�n Areas fran the Developer to the
Association shall occur on or before, but not later than, 120 days after 70� of ,
the Lots have been sold and. the sales thereof closed. I
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ARTIC�E FOUR
P9e.mbership
Ebery person or entity who is an Owner of any Lot, shall becc�ne a I�7ember of
the Association. Membership shall be appurtenant to and r.�ay not be separated
fro�n ownership of any Lot. Al1 r�,mbers shall have rights and duties as speci-
fied in this Declaration, and in the Articles and Byla�r7s of_ the Association.
ARTICLE FIVE
Voting Rights
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� Nlembers shall be entitled to one vote for each Lot awned.. I�lhen mr�re than
one person or entity awns an interest in any Lot, the vote for such Lot shall be
e�ercised as they am�ng themselves determine, but i.n no event shall more than
` one vote be cast with respect to any Lot. The voting rights of any Mei:�ber may
be suspenc�ed as provided in the Declaratian, or the Articles or Bylaws of the
�--- , Association.
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ARTICLE SIY
Property Rights in Co�mtion Areas
Every N1�nber shall have a right, easement of enjayment in and to, and an
eas�ment for ingress and egress over and upon the Ca�n Areas c�v,med by the
Association which rights and easeme,nts shall be ap�urt:enant to and sha.11 pass
with tY� title to every Lot, subject to the follawing restrictians:
(a) The right of the Association to limit the rnunber of guests of Members,
and to adopt rules and regulations;
(b) The right of the Association to exclusive use and management of said
Canmon Areas for utilities such as ��s, pipes, wires, co�duits, and other
utility equi�ment, s�plies and material;
(c) Z`he rights reserved to the Developer in the Declaration;
� (d) The other restrictions, limitations and reservations con�ainec�. or �ro-
vided for in the Declaration and the Articles and Bvlaws of the Association.
ARTICI,� SL'VE'�T
Maintenance and Ca�nn Ex�enses
Section One: 'I'he Association and/or its duly designated representative
shall maintain the Connx�n Areas, the roofs and exteriors of �:ausing Units, ex-
oept the windaws of Housing Units, and shall provide such additional cce�mon main-
tenance as the Board of Directors of the Association shall, from time to time,
deternti.ne to be in the best interests of the Association and the Owners.
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Section Ztao: 'I'he Association shall maintain all property for which it is
responsible in the sams condition as a reasonably prudent har�evwner �uld main-
tain his awn hcme so that the entire development will reflect a high pride of
ownership. Except for camron maintenance provided by the Association, all main-
tenance of Housing Units sha.11 be the sole obligation of the Owner.
Section Three: Certain expenses shall be paid by the Association for the
benefit of all Lot Owners and shall be referred to as Cambn Expenses. The
Ca�r�n Expenses shall be pa.id by the Association frcxn funds collected fro�n
�+M++ assessments paid by Lot Owners as hereinafter provided. 'rhe Ccamwn Expenses
� shall include, but shall not be limited to, the follaaing:
(a) The expeszse of maintaining the Ccembn Areas, including specifically
� but not limited to the cost of perpetual maintenance of the se�a�er lift/ptmrp
station which shall be the Associatian's responsibility;
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� (b) The real property taxes upon the Cca�m�n Areas;
(c) The cost of maintaining all required insurance coverage;
(d) The cost of any repairs or replacement of the Ca�r�n Areas;
(e) Utility charges attributable to the Camtion Areas awned by the As-
sociation;
(f) The expense of maintaining the roofs and exteriors of the Housing Units,
together with the expense of providing other co�mwn maintenance;
(g) The exp�xise in an amr�unt necessary for the establishment and main-
tenance of a reserve for repairs, maintenance of the C�n Areas, c�onn�on main-
tenance of Housing Units, taxes and other charges, including insurance premituns
which it shall be necessary for the Association to pay; and
(h) Any other expense which shall be designated as a Ccembn Expense in the
Declaration or, fran time to time, by the Association.
ARTICZE EIC�3T
Assess�rits
Section One: Each Lot shall be subject to monthly assess�nents or charges
and certain special assessments in an anaunt to be determined by the Association.
Manthly assessments shall c�nce on the first day of the month follawing the
date upon which the deed conveying the ComY�on Areas to the Association is re-
corded, and shall thereafter be due and payable on the first day of each suc-
ceeding calendar mQnth.
Section �ro: 'The Board of Directors of the Association, shall determirie
the azroun�—monthly assessmexit necessary to pay Co�mion Expenses. The am�unt
of mc�nthly assessment may be increased or decreased periodically as may be
neoessary fran time to time to properly provide for payment of the Cca�m�n �-
penses. 'I'he amaunt of such monthly assess[r�nts shall be equal for all Lots.
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Section Three: The Association shall, upon written demand, furnish a cer-
tificate in writing, setting forth whether the assessment on a sr�ecified. Lot has
been paid. A reasonable charge may be mac7e for -rhe issuance of the oertificate.
Section Four: In addition to the monthly assessrrents authorized above, the '
Association, by and through its Board of Directors, may 1evy, i.n any year, a
special assessrn,nt applicable to that year only, for the pu.r�ose of detraying,
in whole or in part, the cost of any canstruction or recoa�struction, une�ected
� re�air or replacement of facilities in the C�x�n Areas, including the neoessary
� fixtures and personal pr�perty related thereto.
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� ARTICLE TdINE
Collection of Assessrents, Enfor�.ment of Declaration,
I � Attorney's Fees and Costs
� 5ection One: Al1 assessments, together �.aith interest thereon and cost of
collection thereof, as herein provided, shall be a charge on the land and will
be a continuing lien t�on the Lot against which each such assessment is made.
Said lien shall have all the incidents of_ a mr�rtgage on real property. Each
such assessment, together with interest, costs and reasanable attorney's fees
shall also be the personal obligation ot the person who was the Owner of such
Lot at the t.une the assessment fell due.
Section 'Itao: If any assess�nt is not paid urithin thirt_y (30) days after
its due date, tY� assessment shall bear interest frcan said date at the rate of
twelve (12�) per cent per anrn.un. Each 1`�ember hereby expressly vests in the
Association, or its agents, the right and pov��er to bring all actions against
such Member personally for the collection of such assessments as a debt and to
enforae lien rights of the Association by all methods for the enforcem�nt of
such liens, including foreclosure by an action brought in the name of the Asso-
ciation in like manner as a m�rt a e of real ro , and such r�e� he�by
g g P Pe�'
expressly qrants to the Association the paw�r of sale i.n connection with such
liens. The liens provided for in this section sha11 be in favor ot the Associ-
ation, and shall be for the benefit of the Association. '1'he Association sha.11
have the pawer to bid in an interest foreclosed at foreclosure sale and to
aoc�uire and hold, lease, m�rtgage and convey the same. In the event the Asso-
ciation en�loys an attorney to enforce said liens, or the collection of any
amounts due, or to enforoe cca�rplianoe with or specific perforn�nce o.f the
Articles or Bylaws of the Association, rules or regulations ado�ted by the
Association, or the provisions of the Declaration, the prevailing party in said
action shall be entitled to the award of reasonable attorney's fees and costs
incurred.
5ection Three: In the event any Nlember shall be in arrears in the pa�nt
of the assessments due or shall be in clefault of the performance of any o.f the
ternis of the Articl.es and Bylaws of the Association, the ru1.es or regulations
adapted by the Association, or the Declasation for a period of thirty (30) days,
sai.d M�mber's right to vote shall. be sus�end�d and shall rema.in suspended until
all payments are brought current and alZ defaults remedied. In addition, the
Association shall have such other remec�ies against such deli.ric�uent M�mbers as
may be provided in the Articles, Bylaws, or Declaration.
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ARTICLE TELV
Building, Use and Architectural Restrictions
Section One: The Developer hereby reserv�s for itself, its successors and
assigns, the right to exercise any and all pc�w�rs and controls herein given to
the Board of Directors or its authorized representative in this Article of the
Declaration. Said reserved right shall autcenatically terminate when the Developer
no longer awns any Lot, or at such earlier ti.me as said reserved right is relin-
� quisYbed to the Board of Directors of the Association. Each Lot shall be subject
to this reserved right in the Developer and each Owner shall take subject thereto.
Section 'It�vo: No structures, including rocan additions, fences or sheds may
I be oonstructed or erected on any Lot. In addition to the i.nmiediately preceding
,�,�„ prohibition on canstruction or erection of structures, no exterior changes of
G� any other kind shall be ma.de to any building including, but not limited to,
exterior color changes, until the request for said change shall have been sub-
mitted and approved in writing by the Board of Directors of the Association or
its authorized representative.
Section 'T7�ree: No txailer, recreational vehicle, basement, tent, shack,
garage, barn or other outbuilding or buildings or any structure of a te�orary
character erected or placed on the Properties shall at any time be used as
living quarters except as hereina£ter specifically authorized.
Section Four: No noxi.ous or offensive activity shall be carried on upon
any Lot nor shall anything be done thereon which may be or may bec,� an annoy-
ance or nuisance to other Lot Owners.
Section Five: No animal, livestock or poultry of any kind shall be raised,
bred, or kept on any Lot, except cats, dogs, birds or fish may be kept if they
are not kept, bred. or maintained for any oc�r�ercial purpose, and they shall not
be kept in ntunbers or under conditions reasonably objectionable in a closely
built-up residential canmznity. Animals shall not be allawed to roam loose
outside the limits of any Lot on which they are kept.
Section Six: No sign of any kind shall be displayed to public view on any
Lot, except upon written approval of the Board of Directors, its authorized
representative, or Developer as herein provided.
Section Seven: No unsightly conditions shall be permitted to exist on any
Lot. Uns�tly conditions shall include, without limi.tation, laundry hangina or
exposed. in view for drying; litter, trash, junk or other debris; inappropriate,
broken, damaged or ugly furniture or plants; nondecorative gear, equi�cient,
cans, bottles, ladders, trash barrels and other such ite�ns; and no awnings, air
conditioning units or other projections sha.11 be placed on the exterior walls of
any Housing Unit unless prior written approval shall have been obtained as pro-
vided in the Declaration.
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Section Eight: No radio or television antenna or transmitti.ng taw�r shall
be erected which exceeds 5 feet in height above the roof ridge line of a Housing
Unit, no separate taw�ers therefore shall be permitted except upon written appraval
of the Board of Disectors or its authorized representative as hereinabove pravided..
Section Nine: Except as hereinafter expressly provided, the Cce�an Areas
and/or strc�ets located on the Properties shall not be used for the avernight
parking of any vehicle other than private family autcambiles and no boat, boat
trailer, house trailer, cam�r, truck or other recreational vehicle or similar
object, or any part thereof, shall be stored or permitted to remain on any Lot,
or the Camron Areas, or on any part of the Properties, unless the same is stored
,.� or plac�d in a garage.
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Notwithstanding the foregoing, Lot Owners who have guests visiting them
intending to stay in a camper, trai.ler, or other form of recreational vehicle,
may secure written pezmissian fran the Board of Directors or its authorized
representative, for said guests to park said vehicle upon the Lot awned by said
�..,. Lot Owner or the public street adjacent to said Lot for a period of up to two
� weeks. Said privilege shall only exist, hawever, after the written permission
has been obtained. fro�n the Board of Directors or its authorized representative.
The Board of Directors or its authorized representative shall give written
notice of a violation to the Lot Owner or occupant and said Lot Owner or occu-
pant shall have ten (10) days frcan the da.te of receipt of said written notice to
take whatever actions are necessary to remedy said violation. If said Lot Owner
shall not cc�tply within said ten-day period, the Board of Directors or its
authorized representative is hereby granted the right to retmve at the expense
of the awner thereof, any boats, trailers, ca�ers, trucks, recreational ve-
hicles, or similar items which are parked or stored in violation of the terms
and pravisions hereof. Sai.d Lot Owners hereby grant to the Association an
express easement for the purpose of going upon the Lots of said Lot Owners or
public streets for the purpose of r�noving said boats, trailers, campers, trucks,
recreational vehicles, or similar items which are parked or stored in violation
of the ternis and provisions hereof.
Section Ten: In addition to other rights reserved to the Developer or its
successors or assigns in the Declaration, the Developer hereby reserves for
itself, its successors or assigns so long as it o�ans any Lot, the right to main-
tain upon tYie Properties such t�orary facilities as in the sole opinion of the
Develaper are required, o�nvenient or incidental to the construction and sale of
Housing Units or Lots, inclwding a business office, storage area, construction
yards, signs, m�del uni.ts and sales office.
Section Eleven: If the Board of Directors, or its authorized representative,
shall fai.l to notify the Owner of its action for a period of thirty (30) days
follawing the date of the su�mission of the required items to the Board of Directors,
or its authorized representative as required by Section 'I�, the Owner may proceed
with the proposed work notwithstanding the lack of written approval by the Board
of Directors or its authorized representativ�:.
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ARTICLE EI,EVVE[�11
Ease.�nts
Section One: Each Lot and the Commn Areas sha11 be subject to an easement
for encroachments created by construction settling and overhangs. There is
i hereby created, granted. and conveyed to any utility cce�any whic.h may provide
� servioes to the Properties, its successors and assigns, a non-e�clusiv� easement .
� over, under, upon and across the Properties for the purpose di the installation,
aperation, maintenance and repair of their respective facilities; provided,
however, all said utility cc�anies providing servioes to the Properties, their
,,,�.� successors and assigns, shall give notic�e in writing three (3) days' prior to
C"'1 making any installation, performing any mai.ntenance or making any repair of
their respective facilities to the Association, which notice shall specif_v the
nature and location of the work to be per£ormed.; �rovided fu.rther, said notice
shall not be required for the making of et�ergency repairs. By virtwe of this
easemPazt it shall be expressly perniissible for the providang utilit�j c�any to
�,, erect ec�u.ipment on the Praperties and to affix and maintain electrical and/or
t�p tele�hone wires, circuits and canduits on, above, across and under the roofs and
exterior walls of Housing Units, This easerc�nt must be used in such manner as
to minimize inconvenience to the Owners and damage to existing structures. Said
utility cca�anies sha.11, at their a�m expense, repair any damage and restore the
Properties to as goocl a condition as they were prior to the perforrn��noe of said
work by said utility co�anies. Eac4z Owner agrees not to place locks on struc-
, tures enclosing utility meters or to in any manner interfere with the ability of
utility representatives to have access to said meters at al1 times.
5ection 'Itivo: There is no easement ot view, light, or air e�ressed or
implied from the ternis and provisions of this DeClaration over, �on or across
any portion of the Pro�rties.
ARTICLE TtaELVE
Mortgagee Protection
Section One: As used in this Article, references to mr�rtgage or mortgages
shall be deemed to include c7seds of trust.
Section Ztao: Notwithstanding and prevailing over any ather provisions of
this Declaration, the Association's Articles o.f Inco�poration or B_ylaws, or any
rules, regulations or manag�nent agreements, the follaai.ng provisions sha11
apply to and benefit each holder o� a mprtgage given for the pu�?ose of ob-
taining funds for the construction or �urchase of a Housing Unit on any Lot or
the i�rove.�ent of any Lot.
Section Three: The holder of a mr�rtgac�e entitled to the protection hereof
shall not in any case or matiner be personally liable for the payment of any
assessment or c,Yiarge, nor for the obsex•varice or per£orn�nce of any covenarit,
restriction, regulation, rule, Assaciation Article of Incorporation or Bylaw, or
management agreeme.nt, except for those m�tters which are enforceable by in-
junctive or other equitable actions, not rec�uiring the payment of m�ney, except
as hereinafter provided.
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Section Four: During the pendency of any proceeding to foreclose said
mprtgage, the holder of said mc�rtgage or the receiver, �f any, may exercise any
or all of the rights and privileges of the Owner of the nx�rtgaged Lot, including i
but not limited to the right to vote a5 a M..ember of the Assoc�ation to the
exclusion of the Owner's exercise of sizch rights and privi:leges.
Section Five: At such time as said mr�rtgagee shall become entitled to pos-
session of the Lot, said mortgagee shall, b� subject to all of th� terms and
� conditions of the Declaration, and the Articles, ByZaws, rules and regulations
of the Association, including but not limited to the obligation to pay for all
assessments ar� charges accruing thereafter, in the same ma.nner as any Owner;
provided, however, said mprtgagee shall acquire the title to said Lot free and
clear of any lien authorized by or arising out of any provisions of the Declara-
tion which secure the payment of any assessme.nt for charges accrued prior to the
� date said mortgagee beca� entitled to possession of the Lot.
Section Six: If it is dee�med necessary by the Association, any unpaid
assess-mP.nt against a Housing Unit foreclosed against may be treated as a cce�mn
expense of other Lots. Any such unpaid assessm�P.nt shall continue to exist as a
personal obligation of th.e defaulting Owner of the respective Lot to the As-
sociation.
ARTICLE THIR'l.�1
Manag��.t Contracts
Each Member hereby agrees that the Association may enter into such agree-
ments for the performance of any or all of the ftmctions of the Association with
such persons or entities as the Association sha.11 deem fit and proper in its
judgment ar�l discretion; pravided, Ybaw�ver, any agreez�ent for professional
management of the Properties, or any other contract provid:ing for services by
the Developer, sponsor or builder, must provide for termination by either party
without cause or payment of a termination fee on thirty (30) days, or less,
written notice and the term of any such contract may not exceed one (1) year,
renewable by agre�nent of the parties for successive one year periods. The
Association may not elect to texminate professional management and assume self-
m�nagemnt of the Frope�ties unless written notice of said decision is given to
the holders of first irartgage liens requesting notice of such action in writing
at least thirty (30) days prior to the date said decision is effectuated.
ARTIC�E F'OURTEII�I
Insurance
Section One: The Association shall have the authority to and shall obtain
a policy or policies of fire insurance with extended coverage endorsement for
the full insurable replacem�nt valu� of the Cca��n Areas ar�d ea.ch of the Housing
Units located on the Properties. Said policy or policies shall provide for
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separate protection for each Fiousing t�nit and the OHmers thereof to the full,
insurable replacane.nt value thereof, and shall contain an agreed amount endorse-
ment or its equivalent, if a�ailable, or an inflation gtaard endorsgnent. R'here
sha.11 be a separate loss payable endorsement in fawr of the r.�rtgagee or mort-
gagees of each Housing Unit, if any. The policy or policies so o�tained must
protect against loss or damage by fire and other ha.zards covered by the stanclard
extended coverage endors�nt, and by sprin}:ler leakage, debris re�roval, cost of
demolition, vandalism, malicious mischief, w.�astom, ana ��.t� damage. If required.
� by F�, the policy or policies shall contain deimlition an�. contingent liak�ility
fran operation of building laws endorsements, and increased cost of construction
enclOrsemPnt, and an earthquake damage endorsement.
Such insurance coverage shall be written i.n the name of t1�e Developer, until
. the Comron Areas are oonveyed to the Association, and thereafter in the name of
� the Associatian, or the Board of Directors thereof, as trustee for each of the
Owners. Premituns shall be oc�mx�n expenses.
Provision for such insurance shall be k�ithout preju,d.ice to the rights of
each Owner to insure his own Housing Unit and/or the personal conten.ts thereof
for his benefit. Hawever, the policy or policies obtaine�. in accordance hereu�ith
shall not insure the personal property of Owners contained in any Housing iTnit.
It is the responsibility of the individual Owners to provide for coverage of
personal property located in Housing Units.
Section �ro: `.rhe Association shall have authoritv to and shall o�tain a
policy or policies of �rehensive public liability insurance insuring the
Association, Owners and the Developer so long as the Developer shall retain any
interest in the Properties. The policy or policies shall have limits of not
less than $1,000,000.00 covering all claims for personal injury and/or property
damage arising out of a single occurrence and shall include �rotecti_on against
water damage liability, liability for nonawned and hired autcmobiles, and li-
ability for property of others.
Section Three: The Association shall provide copies of all insurance
policies o ta d by it to Owners req_uesting copies thereof and to the holders
of fi.rst m�rtgage liens or equivalent liens on Lots or Housing tlnits located
on the Properties. The Association may charge a reasona}�le f� for copying or
duplication of said insurance policies.
Section Four: ihe Association shall have the authority to and shall obtain
adeauate fidelity coverage against dishonest acts �y its afficers, directors,
trustees and exnployees, and all others ��ho are responsible for handl.ing funds
of the Association. Such fidelity bonds shall meet the folla+�ing require�e,nts:
l. Al1 shall name the Association as an obligee;
2. All shall be written in an amount eq_ual to at least 150� of the
estimated annual operating expe.nses of the planned unit develop-
ment project, iricluding reserves, unless a greater amnunt is re-
._ .quired bY F'1�fl�1A;
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3. All shall contain waivers of any defense based on the exclusion
of persons who serve u�ithout c�petlsation froan any def inition of
"employee" or similar expression;
, 4. Al1 shall provide they may not re canceled or substantially modi-
fied without at least thirty (30) days' prior written notice to the
servicer on behalf of FI�fA.
�
�'`'� Section Five: The costs of obtaining all of the foregoing insurance
coverage and fidelity eoverage sha.11 k� a C�mmn E�-nse.
. ARTICLE FIF'I�I
� Rules and Regulations
�
The Association and/or its Board of Directors is hereby authorized and
em�wpxed to adopt rules arad regulations governi.ng the use of the Properties and
the personal conduct of the Members and their guests thereon, and to establish
penalties for the infraction thereof. All Lot Oraners shall be c�iven written
notice of said rules and regulations and said rules and rec�ulations shall be
posted in a conspicuous place on the Cce�mnn Areas.
ARTICLE SIX`I�1
Remedies and Waiver
Section One: 'I'he r�edies provided hexein for collection of any assessme.nt
or other charge or clai� against any M�r, for and on behalf of the Associa-
tion, or Developer, are in addition to, and not in limitation of, any other
remedies provided by lavv.
Section �: The failure of the Association or the Developer or of any of
their duly authorized agents or any of the Owners to insist in any one or more
i.nstances upon the strict pexformance of or oo��liance with the Declaration or
any of the Articles, Bylaws or rules or regulations of the Association, or to
exercise any right or option contained therean, or to serve any notice or to
institute any action or stiunma.ry proceedings, shall not �e construed as a �raiver
or relinquishment of such right for the future, but such right to enforce any of
the provisions of the Declaration or of the Articles, Bylaws or rules or regu-
lations of the Association shall continue and remain in full force and effect.
rdo waiver of any provision of the L�eclaration or of the Articles, Bylaws, rules
or regulations of the Association shall be deemed to have been made, either
expressly or �liedly, unless such waiver shall be in writing and signed �y the
Hoard of Directors of the Association pursuant to authority contained in a
resolution of said Board of Directors.
ARTICI�E SEVII�T
Benefits and Burdens Run with the Land
The covenants, restrictions, reservations and conditions contained. herei.n
shall run with the land and shall be binding upon the Properties and each portion
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thereof and all persons awning, purchasing, leasing, subleasing or occupying any
Lot on the Properties, and upon their respective heirs, successors and assigns.
A.fter the date on which the Declaration has been recorded, these covenants,
restrictions, reservations and oonditions may be enforced by the Association or
Developer which shall have the right t�o enforce the same and expend Association
monies in pursuance thereof, and also may be enforced by the Ou,mer of any Lot.
ARTICLE EIGH'I�I
Party t��alls
...� In addition to meeting the other requirem�ents of the Declaration and of
e'''� any Building Code or similar regulations or ordinances, including particularly
requir�its imposed by the City of Renton, any C�mer proposing to modify,
make additions to, or rebuild his Housing Unit in any manner which requires
� the extension, alteration or any modification of any party wall, shall first
obtain the written consent of the Board of Direct�ors or its designated repre-
,e.. sentative, and shall, 1.n addition, obtain all required pe_rmits and approval
�' frcgn the City of Renton.
ARTICLE NII�"�'EF�t
Federal Home Loan r'brtgage Corporation (FHIN1C) Protection
and Federal National Nlprtgage Association (F'1��,) Protection
The follawing provisions are included to assure cat�liance with the FI��
and/or FT�fA rules, regulation and warranty requirements.
Section One: A first m�rtgagee, upon request, sha.l� be entitled. to written
notification fram the Association, or the Board of Directors thereof, of any
default in the performance by an C�mer of any obligation under the PUD consti-
tuent doc�m�ents which is not cured within tYiirty (30) days.
Section T�ro: Unless all first mortgagees or purchasers of first mortgages
shall have given their prior written approval, the Association shall not be
entitled to:
(a) by act or oHnission seek to abandon, partition, subdivide, enctm�ber,
sell or transfer real estate or improvs�.nts thereon which are owned, directly
or i.ndirectly, by the Association for the benefit of Lot Owners; provided,
hawever, the granting of easgnents for public utilities or for other public
purposes consistent with the intended use of the Properties shall not be deemed
a transfer within the meaning of this clause;
(b) change the method of determining the obligations, assessments, dues or
other charges which may be levied against Lots and Lat Owners;
(c) by act or ocnission change, waive or abandon any scheme of regulations,
or enforcenent thereof, pestaining to the architectural design or the exterior
appearance of Housing Units, the exterior maintenance of F3ousing iJnits, the
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maintenance of party walls, c�ron fences and drivewa_ys or the upkeep of la��ms
and plantings on the Properties;
(d) fail to maintain fire and extended coverage on insurable portions of
the Comrr�n Areas on a current replace�iie.nt cost basis in an amo�t not less than
one hundred (100$) per cent of insurable value based on current replaceme,nt
COst;
� (e) use hazard insurance proceeds for losses to any of the CcmYr�n Areas for
other than the repair, replacanent or reconstruction of improve�exits located
thPx'20n;
(f) alienate all or any portion of the Car¢Ynn Areas;
(g) ame,nd the Declaration t�o change the ratio of assessm�exits against Lot or
Nousing Unit Owners.
«�..
� Section Three: First m�rtgagees or purchasers of first mortgages on Hous-
ing Units may, joi.ntly or singly, pay taxes or other charges which are in de-
fault and which may have or becane a charge against any Ccnnqn Areas and may pay
overdue prgniiuns on hazard insurance policies, or secure new hazard insurance
coverage on the lapse of a policy, for the Ca�r�n Areas and first mortgagees or
the purchasers of first irortgages making .such payments shall be c�� immediate
re�mbursement therefor from the Association.
Section Four: In the event all or any portion of the Ca�nn Areas are
acquired by conde�mation or undex threa.t of condenmation, the oonde�mation a�rard
shall be utilized by the Association to acquire, to the extent possible, ccgnpar-
able replacement facilities. In the event the Association is �able to obtain
comparable replacgnerit facilities within a period of nine (9) mr�nths from the i
date the Association received the cond�mation award or mr�nies paid to the
Association under threat of condenulation, the Association shall pav jointly to
any Lot Owner and the mortgagee holding the m�rtgage on said Lot, if any, a pro
rata share of said oor�denmation award or monies received attributable to said
Lot. The pro rata share of said cond.e�uzation award or mr�nies received shall be
detP��ned by dividing the total amount of the conde�mation award or monies I
received by the total rnnnber of Lots. The resulting sum shall be the pro rata
share attributable to each Lot and the (h�mers and mr�rtgagees thereof.
Section Five: First m�rtgagees shall have the right to examine the books
and records of the Association, or any successor thereto, which awns all or any
portion of the Comron Areas. Holders of first mortgages or equivalent liens
shall be entitled to the follawing notices and information upon su�nitting a
written request therefor to the Association:
1. Copies of the financial records and state�_nts of the A�sociation.
2. Notice of all meetings of the Association and may desicmate a
representative to attend all such meetings.
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, , , .
3. Notice of all proposed material amenchnents to the Declaration or
the Articles of Incorporation or Bylaws of the Association.
4. Notice of any decision by the Association to termi.nate professional
mar�aggnerit and to asstune self�nanaganent of the Properties.
5. Notice of any substantial damage to the Housing Units, Cca�ron
Areas, or any other part of the Properties.
6. Notice of any pending or threatened conderrazation or eminent c�or.�zin
� proceeding.
� Section Six: As used in this �rticle Dlineteen of the Declaration, the term
mortgage shall include deed of trust, mortgagee shall include beneficiary of a
deed of trust, and rrortgagor shall include grantor of a deed of trust.
� ARTIC.LE '1'WF�IVTY �
N...
� Reservation of Right to Amex�d tA Ccxnply with FHI� or FNMA Require�ents
The Developex hereby reserves the right to amend the Declaration frcan time
to time as may be necessary to �ly with �HII� or F� regulations or require-
ments or if such amench�vent is necessary to enable the holders of first mortgages
or deeds of trust to sell said first mo�'tgages or deetis of trust to Ff�� or
F1�II�A, or if such amenc�.nt is necessary to secure fi�ds or financing provided
by, through or in conjunction with FHLNIC or �. Said reserved right to am�nd
the Declaration shall exist so long as the Developer retains the awnership of
any Lot.
If the Developer, at its option, determi.nes that it is necessary to so
am�zd the Declaration, the Developer, on behalf of all Lot Owners, is hereby
autt�orized to execute and to have recorded said required amenc�.nt or ame.nd-
ments. All Lot Owners h�xeby grant to the Developer a full and oo�lete power
' of attorney to take any and all actions necessary to effectuate and record said
amenc�ent or amendments and agree that said atne.ndment or amendments shall be
binding upon their respective Froperties and them and their respective heirs,
personal representatives, successors and assigns to the same extent as if they
had personally executed said ame.nc�ent or amen�ments. Al1 I�ot Owners hereby
acknavledge ax�d agree that the pvw�er of attorney herein granted shall }� deemed
coupled with an intexest and shall be irrevocable.
The terms and provisions of this Article of the Declaration shall control
over any inconsistent provision contained in Article �.nty-One, Section Six, of
the Declaration.
ARTICLE 'I4VII'�]'i'Y-0NE
General Provisions
Section One: The singular wherever used herein shall be canstrued to mean
the plural when applicable, and the necessary gr�miatical changes required to
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��.
make the provisions hereof apply either to corporations or individuals, men or
women, shall in all cases be ass� as though in ea.ch ca.se fully expressed.
Section Two: The invalidity of any one or m�re phrases, sentences, clauses,
paragraphs or sections hereof sha.11 not affect the remaini.ng portions of this
Declaration or any part thereof, all of which are inserted conditionally on
their being held valid in law and in the event that one or more of the phrases,
sentences, clauses, paragraphs or sections contained herein should be invalid,
this Declaration shall be construed as if such invalid phrase, sentence, clause,
paragraph, or section had not been inserted.
�
� Section Three: 'I'hese oovenants, restrictions, reservations and conditions
shall r�nain in full force and effect for a period of twenty (20) years frcxn the
date hereof. Thereafter, they shall }�e deemed to have been rene�aed for succes-
sive te.rnis of ten (10) years, unless revoked or ame.nded. as hereinabove provided.
`�' Section Four: In the event that any provision or provisions of this
�
,� Declaration violate the rule against perpetuities, such provision or provisions
shall be construed as being void and of no effect as of twentyrone (21) years
after the death of the last surviving incorporator of th.e Association, or
� twentyrone (21) years after the dea.th of the last survivor of all of the said
incorporators' children and grandchildren who shall be living at the t�sne this
instnm�nt is executed, whichever is later.
Section Five: In the event the Association employs an attorney to enforce
any �rovision of the Declaration, the Articles or Bylaws of the A�sociation, or
rules and regulations adopted by the Association, the prevailing party in said
action shall be entitled to the award of reasonable attorney's fees and costs
incurred in said action.
Section Six: Except as provided in Article Twenty of the Declaration, the
Declaration may be amended by an instr�nent executed by the President and Secre-
tary of the Association for and on behalf of the I.�ot Owners. "�'he Association is
hereby auth�rized to record or to cause to be recorded said instn�ent. The
Association shall only be authorized to execute and record said am.endment on
behalf of Lot Owners after said amenchnP.nt shall be approved by a vote of the Lot
Owners having seventy-five (750) per cent of the total votes. Votes shall be
cast by written ballot either in person or by proxy at a m�eeting duly called for
5uch purL�ose, written r�tice of which shall be sent to all Lot Owners not less
than ten (10) days nor m�re than fifty (50) d�ys in advance of said meeting.
Al1 Lot Owners may also vote by e,xecuting a doc�nt i,n writing consenting to
the said amenc�ne.nt which written consent may be su�nitted either prior to or
within one hundred twenty (120) days follo�wing the date of said meeting.
Al1 Lot Ow�ers hereby grant to the Association a full and co�lete power of
attorney to take any and all actions necessary to effectuate and record said
ame,ndme,nt and agree that said amenchnent when authorized and recorded as providecl.
in this Article shall be binding upon their property and them. and their respective
heirs, personal representatives, successors and assigns to the same extent as if
they had personally executed said americhnent. All Lot (�mers hereby acknawledge
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> > .. • � , �
• �
and agree that the paw�r of attorney herein granted shall be deem�d coupled with
an interest and shall be irrevocable.
Notwithstanding the foregoing, no material amenc�r�nt to the Declaration
shall be made unless thirty (30) days' written notice of said proposed material
amendme.nt is given by the Association to institutional holders of first mr�rtgage
liens or equivalent liens who have in writing rec�tuested notice thereof.
Section Seven: Any lease agreement between an Owner and a lessee shall k�e
requi�to provide that the tezms of the lease shall be subject in all respects
to the provisions of the Declaration and the Articles of Incorporation and Bylaws
of the Association, and that any failure by the lessee to co�ly, with tre tezms
' '"'" of such d�c�nent shall be a default under the lease. Al1 said leases shall be
�
in writing.
Section Ei�ht: Any notice required by the Declaration or the Articles or
Bylaws of the Association or the rules and regulations adopted by the Associa-
tion shall be de�ed properly given if mailed by ordinary mail to the last
� address furnished to the Developer or the Association, and said notices shall
be dee�.�d given when deposited in a United States Post �ffice.
one (�mer of an Lot notice to any
ent there shall be more than y ►
In the ev
one of said Owners shall be de�ned notice to all Owners.
Section Nine: The terms and provisions of the Declaration, the Articl.es
of Inoorporation and Bylaws of the A.ssociation may be enforced by the Association
or any Owner who shall be entitled to �.nce an action for the recovery of dam-
I ages, or for injunctive relief, or such other and further relief to �ahich they
be entitled.
DATED this 22�d �y of October , 1980.
St�NSON-DF�1 CORPORATION
BY / ' �
P. Edward Dean, Jr. , Presiden
LIATID this _,���day of . ��C�o�� ,. 1980
WA,.SHI,NGI'Q AL SA B1�NK
�'
ice Presidsllt
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, . •
STATE OF in1ASFiINGTON )
) SS.
COUN'I'Y OF KING )
On this 2 Z n d day of 0 c t o b e r , 1980, before me, the un-
dersigned, a Notary Public in and for the State of Washington, duly commi.ssioned
and sw�rn, personally appeared P. Eclward Dean, Jr. , President of ,.�wanson-Dean
Corporation, the corporation that executed the foregoing instnm�ent, and ac}�awl-
edged the said instnmlent tA be the free and voluntary act and deed of the said
corporation, for the uses and purposes therein mentioned, and on oath stated
, that he is authorized to execute the said i.nstnurnnt and that the seal affixed
is the corporate seal of said oorporation.
WITl+�SS my harxl and official seal hereto affi.xed the day anc1�*'��`�r�t�'iii'"this
certificate above written. ` ''�;,
.�...
�
� No��� in and folt th�ta et -of
Washington, residing ai� R e d m o n d
4,,
STATE OF WASHINGTON, �
ss.
County of KING SAFECO
on th;s 22nd aay, of October A. D., 1� 80
before me personally appeared Wi 11 iam E VanArsdel
, to me known
to be che U1 C@ resi en of the corporation that
executed the within and foregoing instrument, and acknowledged the said instrument to be the free and vol-
untary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated
that_h�was authorized to execure said instrument.
IN WITNESS WHEREOF, I hat�e heseunto set m}� hand and affixed my of/icial sect! tbe day and yea�fiist above
written. � , �__--���
W
Nota�y Public in and fo� the Stale of Washington, residcng at_. ���"Ct��
T�-35 R2 3/�6 SAFECO Title Insurance Company —ACKNOWLEDGMEfV7 =-CORPORATION
F�LED for Record at Re�q�ue�t ot •� ��1
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Exhibit 1
All property included within the Plat of Canyon Oaks
recorded in Volume 116 of Plats on Pages 60 and 61,
Records of King County; situate in County of King, State
...� of Washington.
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