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SITrdPOINTE � CONDOMIrdIL'M " I
C�',��CHG ASS�CS��mES, a �dash�ngton Jc�i.nt Venture Partn�r�hip,
ref�rred ta in tni.s �ecl�rati�n as the "Sponsor" is the owner of
the pr�perty hereinafter described and submits the land described
in Paragraph 1 �elow, t�gether wi�.h. all buildings , improvements,
.::�� szr�cuure� �hereon, ais3 all easements, rights, and appurten-
a�ces belongin� t��eret�, and all items af per�onalty intended for
� use in cornectian there�aith (collectively reierr�d to in thi.s
�. De;laration as the "Pr�pert�" , ;ar�ich term will inLlud� the lar�d,
� buildings , etc. in Phases 2 tr.r�ugh 15, if and when such pha�es
� are added} , tc the provisions of the Horizontal Property Regimes
� Act o£ the Sta�.e of ��lashir.gt�n ��CW 64.32 et ��eg. , referred to
� hereir. a� the "�ct" } . �
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c� 1 , Des�;rip�ian af Land
�� parcel o� land, locat�d in King Caunty, Washinc�ton, sho��rn
cn that certa�.n Condominium Survey Map and Plan (herein ref�rred
to as the '"Ccndominium Plan" ) , recorde� 'n Volume �1.� of
Conciomir�iums, at pa9�s 'tS through under King_ County
�uditor' s ree No . b30 t an styled "Sunpcainte, �
Condc�minium" . The lec�a�.�Tc escr�.pti n ot tne land is as se� fortiz
da P;�RC��, `rI" 121 E�hI`�l.t s'�1" . �?,R,`".ELS 'rt�" TI�FtOUGH "FI'i R..NU 't3►r
T��cOUGH "F" ARE �30T BEI�G SUBJ�CTE� TO THE �CT t�T 2HI5 TIi�IE ���'D
.` T�iERE I5 ivi� GBLIG�TirN TO DG 54 IN '�HE EUTURE.
� 2 . Descrigti.on of Bui�dinqs,
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a (a) Fhase l . in �hase 1 there will be c�nstructed twa
� (2 ) seFarate res`�ial bui.ldings c�ntaininc� a tot�l of sixt�r-
�. four t64} condominium ap�rtmznts, together w�.th a two (2 ) stQry
� recreatic�n building. �'h� recreatian buiiding contains a meeting
raom and pool equipment r�am on the £irst £laar and a manager' s
a��r�ment unit e�n t�e seccnd floor. Phase 1 c�il1 als� include a
swimming �aool and a tot lot. The r�sidential buildi�gs in
�nase i are ihree (3 ) stories high plus a da�light basement and
each cnntain thirty-twa 432 ) apartment units . The building� are
located, along with the comman areas, as shawn an the Condaminium
Plan referred to above.
{b } Phas�� 2 throuc�h 7 . At this time, tentative glans
call for each o��. P�ase� ��zrough 7 ta cansist of c�ne (1) s�par-
ate residential building contaln�.ng a total 4f thirty-two {32 )
condaminium apartments . Arl�� of those phases, hawever, may have
mcre buildings and any buil3ing in those phase� ma�r have more or
fAwer than �.hzrty-tY�o (32 � units, ar�d may be of a diff���a�t�'�� ' i t,�;"
tnar. the bui.ldings in Phase l . �11 buildings in Phases � �'
7 shall be comparable in st Jle, quaiity, floor plan, a��3��iz� 3t�o�,;� ,��
the bui Idings in Phase l .
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(c � Pk.asc:s 8 t.�roua:i ].5 . ;�t thi� time, there are no
specific plana ar e �pe or. uildings to be constructed in
P2:ases 8 throuqr: 15 . Buildings in those phases will be of con-
parable quality to those in Phase 1 , and shall be cam�atibi.e in
style a�d archltecture with aIl buildinqs in the candominium at
th� t�me they are c�n�tructed . Th� buildings ?n Phases 8 throug:�
� 35 may, however, vary in �ty3e, floor plan, and size from those
in Pha�e 1 . The total number af buildings in Phases 8 through, l5
� shall nct exceed fi�teen { 15 � , an3 the total nur,�er of condomz.n-
ium units in those phases shall r.ot exceed two hundred thir�y-
threp (L;3 ) .
, (d) If �11 phases are cnnstructed �:nd added to the
I � condo;r.inium, there wi 11 be a mahimwn ot twenty-three (23 ) build-
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� ir.�� c�nta�.ning a total o.� f�ur hur.ared e�ght;�-r��.ne {489 } cord�
� � minium units . •
� (e} All of the residential buildings are (ar.d shall
be} w�;cd frame c-onstructi�n on concrete faundation, w�.th wood
� siding extprior �I.211Sh aiid a three-p?y built�-up roaf with gravel ,
o� The recreatlonal bui1.;��.nr izl Pl:ase 1 shall be two {2 } stories
wi�h no basement ai�d c�nstructed on a concrete foundation. Ti�e
re��eational building �hall r.a�re wood siding exterior .�i:�ish and
a three-ply built-�,zp roof with �ravel .
( f) T�:e nun.be� or bui ldings and apartments bei.ng adc3ed
ir. any particul :�r phas� , �;s well a� tr.e number o£ stories and
ot}ier gart�.culars re�arding the buildings and un�.ts being add�d,
shalJ. be shown on a Revised condaminium Pian filed contemporan-
eQu�l;� wi�.h the document ad�ing the particular bui�dings ar
phases to the candc�m.�nium.
�' 3 . Descri,��ian of Apartments .
The indi�idual apart�nents are described as follows :
(a} There are two (2 ) apartment types, havi�g var�ous
iayouts, with the follawing particulars :
APARTMENT TYPE 2A: Entry, kitchen, living room with dining
area, 2 bedrooms , 1 3j4 baths, 2 limitecl
common area decks ar patiQs, 1 limited common
area starage area adjacent to one of the
patios ar decks, and a limited common
- area fireplace (4 rooms; approximately
938 sq. ft. ) .
APARTMENT TYI�E 28: Entry, kitchen, living room with dining
area, 2 bedrooms, 3. 3Jh baths, 2 limited
comman area decks or patias , 1 2imited common
area storage area adjacent to one of the
patios ar decks, and a limitsd common area
� fireplace (4 rooms; approximately
938 sq. f�. ) . Same of these units may be adapted tc
accommodate2physically handicapped persons.
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��i.y�T;'��1T T`j�r �r . Ezltr��. k�tr.r.en, l��r:.ng rccm w�*�;
d�n���� area, 3 bedrooms, 1-3/�
bat-��� , 1 limited cam,mon area deck
cr p;;tio with 1 ad;acent lzmited
�� cammorl area stc�rage raom, and a
limite� cammon area fireplace {5
� rooms, approximatelv 1 , I34 sq. ft. ) .
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i c a art:�e:�t is mare u �s^r 'bed o;� xhibit
b Ea h f 11 d � �. E
( ) P X
i "B" w2:ich exh��bit is attached hereta and �ncorporated herein by
p re�2rence »
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� (c} Tht lacation of eact� apartment is as shown on the
a Con�lcminium P3an. .
�� ttit
' � (d} Eaeh a�art�nent has direct access to all the common
c� area an3 a con�mon area str?Lt inasmuch as each unit opens direct-
�'� 1✓ to a hallwa� which l�ads to comt��on area stairways and eleva-
tor. These stairways ard elevators lead to `other cammon area
nall�.���� and exit� on tY�:� ;,irst fl�or which open to common area
walKways and streets . These walkways ar.d streets lead to a
pablic street. Th�rei�te, e.�ch apartment has direct access to a
c�mrncn area lead�a c t� a ~��bl�.� street.
� (� } The: ��:�lnr�a�it.s af an apartment are tn� interiar
sa_yar.es of the �erlme*zr walls, floor, ce:.?ing, windows and
�aars thereof, and the apax�trnent includes both the portions of
t�:e building so de�r,ri��:� and ttle ai� space so encompassed. In
no event sha?1 an apa�t;nent owr,er be deemed ta owr� ��.pes, wires,
conduits, the attic cra�� space, Qr other utility lines or
commonly used space ru^ning through his apartment which are
utili4ed for, or serve more than one apartment; and, the same
sha?I be part of the cammon areas , in �nterpreting declarations,
�� dee�s and pians, the ex�.sting phlsical baundaries of the apart-
ment as origznall1r canstructeri or as reconstructed in suhstantial
ac�o�-ciance with th� oric��nal plans thereof shall be canclusively
presu:ned to be its boundaries rather than the metes and bounds
� expressed or depicted ir. the declaration, deed, or plan, regard-
I less af settling or lateral movement of the building and regard-
j less of minor variance between boundaries shown in the declara-
� _ tion, deed, or plan and those of apartments in the buildir.g.
( f) When and if Phases 2 thraugh 15, ar any of them,
are added to this condaminium, the apartment Lnits so added shall
be ot comparabl� yuality with those in Phase 1 and their size
shali be comparable to thase described in Paragraph 3( a} abave
� and on the Condom�nium �l�n. Sponsar may change the unit types,
value� , parking stalls , and other 2nformatian with regard to
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individual units in any particular phase prior to adding that
phase to this condominium; provided, however, that the total
stated value for that phase shall not be changed and provided
further that the total number of units in this condominium, once
all phases have been added, shall not exceed four hundred fifty�
eight (�58 ) .
4. Description of Common Areas and Facilities .
( a) The common areas and facilities (sometimes refer-
red to in this Declaration as the "Common Areas" ) consist of the
entire Property, except for the apartments as defined i.n 3 (e)
above. In Phase l, the Common Area includes a swimming pool, a
recreational building, and an elevator in each of the residential
' buildings . Each apartment has its �ercentage interest in such
o common area and its percentage obligation toward the cost of
� maintaining such areas, such percentages are shown on Exhibit
; � irB�i
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� (b � If and when Phases 2 through 15, or any of them,
�� are added to the condominium, Sponsor may include with those
0 phases, or any of them, additional recreational facilities which
� will be part of the Common Area. The additional recreational
facilities which may be added include one (1 ) tennis court, one
( 1 ) tennis/sport court, one ( 1 ) sport court, one ( 1 ) additional
s��imminc� pool, five ( 5 ) additional tot lots, two (2 ) additional
r?creational buildings ( including recreation or meeting area and
stora e area , and a o in nature trail .
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5 . Desc �
ri tion of Limited Common areas .
Certain portions of the Common Areas are reserved for use of
certain apartments to the exclusion of the other apartments and
are desic�nated in this Declaration as "Limited Common Areas" . A
descriptlon of the Limited Common Areas, stating to which apart-
ments their use is reserved, is as follows :
( a) Each apartment has set aside as a limited common
area at least one patio (basement floor) or one deck ( first,
second and third floors ) located immediately adjacent to the
living room of the apartment, which patio or deck also has a
storage unit assigned to the apartment unit. Apartments Type 2A
also have a second patio or deck assigned as a limited common
area, which patio or deck is located adjacent to the master bed-
room.
(b ) Stairways , hallways and entry ways are limited
common areas of the apartments to which they lead.
(c) Each apartment shall have set aside as a limited
common area least one {1 ) pre-assi.gned parking stall . The number
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of the prP-assigned parking stall is indicated on Exhibit "B" .
The location of the pre-assictned parking stall is shown on the
Survey Mdp and Plan. In addition, Sponsor is authorized to sell
the remaining parking stalls (by assigning them as limited common
areas ) to purchasers of apartment units. This authority shall
continue until Sponsor' s right to select the Board of Directors
as provided in Paragraph �{b) ceases, at which time Sponsor shall
record with the Auditor of the County in which this condominium
is located the numbers of the additional parking stalls assigned
to particular apartment units .
(d) Each apartment shall have, as a limited common
area, an assigned mallbox in a group of mailboxes near the
building. Designation of the mailboxes shall be made at the time
cf the initial sale of an apartment. The mailbox assignments
O shall be permanent and may not be severed from the units, but
� will be asslgned and transferred with the units and will follow
p an� and all conveyances of an apartment as limited common area of
� said apartment.
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� 6 . Parking Stall Assignments .
� (a) Parkinc� stalls shall be initially assigned as lim-
ited common areas as ls set forth in Paragraph 5(c) above. After
such assignments have been made and recorded with the local Audi-
tor, the assignment of parking stalls {pre-assigned and addition-
al ) shali be permanent and may not be severed from the units
except as is provided ln Paragraph (b ) below, but will be
assigned and transferred with the units and will follow any and
all conveyances of an apartment as limited common area of said
apartment.
(b ) After Sponsor' s initial assignment, an apartment
owner may rent or lease one or more of the parking spaces
assigned to that apartment (pre-assigned or additional ) to any
other apartment owner; provided, that the rental or lease terms
shall automatically expire on the date the lessor (apartment
owner) disposes of its interest in the apartment (whether such
disposition is by deed, contract or otherwise) ; and provided
further, that the Board of Directors shall be notified in writing
of the existence of any such rental or lease arrangement and that
any such lease or rental agreement which has a term exceeding Two
(2 ) Years received the prior written approval of the first mort-
gagee of each of the affected apartment units. In addition, any
two apartment may exchange, either on a permanent or temporary
basis, any of the parking spaces assigned to th�ir respective
apartments; provided however, any such exchange made on a perman-
ent basis shall be made by a �ointly executed instrument in
recordable form approved by the Board of Directors and shall be
effective upon recording with the local Auditor. Except as ex-
pressly provlded herein, the assignment of parking stalls shall
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be permanent, will be assigned and transferred with the units,
and will follow any and all conveyances of an apartment as
limited conunon area of said apartment.
7 . Values and Percentages .
( a) The value of the Property for Phase 1 is declared
to be TWO MILLION ONE HUNDRED SIXTY-SEVEN THOUSAND SIX HUNDRED
EIGHTY ( $2 , 167, 680 .00 ) DOLLARS, as set forth in Exhibit "B" which
is attached hereto and incorporated herein by reference. In the
event Phase 2 through 7, or any of them are added, the stated
value of the Property added is declared to be ONE MILLION EIGHTY- '
THREE THGUS�ND EIGHT HiTNDRED FORTY ( $1, 083 , 840 . 00j DOLLARS for �I
each of said phases . If and when all of Phases 1 through 7 are �
made a part of the condominium, the combined stated value of �
� those phases is declared to be EIGHT MILLION SIX HUNDRED SEVENTY
� THOUSAND SEVEN HUNDRED TWENTY ( $8, 670, Z20 .00 ) DOLLARS .
o (b ) The combined value o£ the property in Phases 8
c� through 15 is declared to be SEVEN MILLION TWO HUNDRED THOUSAND
i` ( $7, 200, 000 . 00 ) DOLLARS . Sponsor has not, at present, allocated
� the total value of Phases 8 through 15 among those phases or
� among the buildings in those phases . At the time the first of
Phases 8 through 15 is added to the condominium, Sponsor shall
record with the documents adding the phase, a Declaration setting
forth the value of the phase added, along with the value of each
of the remaining phases .
(c ) If and when all of Phases 1 through 15 are made a
part cf the condominium, the combined stated value of the condo-
minium is declared to be FIFTEEN MILLION EIGHT HUNDRED SEVENTY
THOUStiND SE�JEN HUNDRED TWENTY ( $15, 870, 720 . Q0 ) DOLLARS .
(d) The value of each apartment in Phase 1, including
its percentage of undivided interest in the common areas, is set
forth in Exhibit "B" . If Phases 2 through 15, or any of them,
are added these percentages will change. Paragraph 26 indicates
the procedure Sponsor is to follow in calculating the changes in
the percentages of ownership in Phase 1 and subsequent phases as
Phases 2 through 15 are added.
(e� The values shown on Exhibit "B" are for the pur-
poses of the Act and do not necessarily reflect what may be the
sales prices of the various units .
( f) The oT,�mership of each apartment in Phase 1 and
Phases 2 through 15 shall include an undivided interest in the
common areas . Each apartment in Phase 1 ' s percentage of undivid-
ed interest in the common areas is shown on Exhibit "B" attached
to this Declaration. This percentage was computed by taking as a
basis the value of the apartment in relation to the value of the
Property.
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(g) The sai� percentages are to be utilized for all
purposes of the Act, including voting (except for amending the
Declaration, when percentages of apartment owners, instead of
ownership percentages, shall apply) .
8 . association and B -Laws .
(a) An owner of an a�artment shall automatically be a !
member of "Sunpointe Condominium Association" (the "Associa- '
tion" ) , a Washington non-profit corporation consisting of all of �
the apartment owners , and snall remain a member of the Associa- '
tion until such time as his ownership ceases for any reason, at
which time his membership in the Association shall automatically
cease. P�Iembership shall be appurtenant to and may not be sep-
arated from ownership of each apartment. The owners of apart-
O ments covenant and agree that the administration of the Property
� shall be in accordance with the provisions of this Declaration
p and the Articles of Incorporation and By-Laws of the Association.
� The Articles of Incorporation and By-Laws provide that the
� affairs of the Association shall be managed by a Board of Direct-
p ors . The Articles of Incorporation and By-Laws effective as of
� the date of this Declaration are attached hereto and are hereby
adopted as the Articles of Incorporation and By-Laws of the Asso-
ciation. Such articles of Incorporation and By-Laws may be
amended as therein �rovided. The Association is bound b�r a Regu-
latory Agreement wlth the Federal Housing Administratlon. The
Regulator� Agreement contains restrictions affecting the opera-
tion of the �ssociation, including the manner and allocation of
assessments , maintenance of common areas, etc.
(b ) The affairs of the Association shall be managed by
a Board of Directors . The number of Directors which shall con-
stitute the whole Eoard shall be three (3 ) . Until succeeded by
the Directors elected by the apartment owners, Directors need not
be apartment owners . At least one-third (1/3 ) of the terms of
the members of the Board of Directors shall expire annually. In
any event, however, each Director shall hold office until such
time as his successor has been elected. Provided, however, the
Sponsor shall have the right to select all the Directors (and
such Directors need not be apartment owners) until the earliest
of the following events happens :
(i } A date seven (7) years from the date the
first sale of an apartment unit closes;
( ii) A date one hundred twenty (120 ) days after
the Sponsor has sold and closed Seventy Five (75�) Percent of the
ownership interests in Phases 1 through 15 .
(iii ) A period of three (3 ) years passes in which
no phase or parcel is added to the condominium.
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{iv) Spcnsor elects to permanently relinquish its
authority under this provision by written notice to all apartment
owners .
Upon the happening of any of the three foregoing events, the '
Directors selected by Sponsor shall resign, to be succeeded by
Directors elected by the apartment owners, and the control of the
condominium shall thereafter pass from the Sponsor to the Asso-
ciation of apartment owners .
9 . Voting.
Each apartment owner (including the Sponsor, if the Sponsor
� shall then own one or more apartments� shall be entitled to cast
�. the number of votes or portion thereof, equivalent to the per-
Q centage of ownership indicated in Exhibit "B" for the apartment
0 owned by that person; provided, however, not less than sixty
� seven (67%) percent of the apartment owners (instead of ownership
� percentages ) shall consent to any amendment of the Declaration
� except as otherwise provided in RCw 64.32 . 090(13 � . The total
�o voting power of all owners shall be 100 votes and the total
number of votes available to owners of any one apartment shall be
equal to the percentage of undivided interests in the common area
and facilities appertaining to such apartment (paragraph 6(b)
above ) . As used in this Declaration, the term "total voting
power" sha11 mean the total number of votes, as described above,
which may bz exercised hereunder at the time the vote is taken.
10 . Recreational Fund.
On or before the date the first condominium unit is sold,
the Declarant shall create a recreational fund in the amount of
$12 , 104. 00 for the Association. The fund shall be in the form of
cash or a note payable to the Association on demand. The fund
shall be used by the Association for recreational facilities
only, including, but not limited to, the construction of hard-
su.rfaced courts, tot lots, and the like. Two-thirds (2/3 ) of
the recreational facilities shall be installed within six (6 )
months after the occupation of units in Phase 1 and the balance
within six ( 6 ) months of the occupation of units in Phase 2 .
11 . Restrictions on Use of Property.
The buildings described in Paragraph 2 , and each of the
apartments, are intended only for residential purposes, and their
use is so restricted. Any apartment unit may be rented for any
period of time. In addition, the Board of Directors of the Asso-
ciation may, from time to time, by a vote of a majcrity of its
members, make, alter, ar repeal rules and regulations covering
details of the operation and use of the Property, reserving to
the apartment owners the right to change or repeal such rules
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and regulations upon the approval of 51% of the total voting
power of the Association. No such rule or regulation shall
change the requirement that the apartments and Property be used
only for residential purposes. Sponsor reserves the right to
maintain a sales office, rental office, model unit(s ) , and adver-
tising signs during the sales period of the condominium project
until each unit has been sold and closed, including Phases 2
through 15, if and when built. The sales or rental office may
be located in the recreation building.
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The Board of Directors of the Association shall have the
'� authority to enter into a contract for pro.fessional management of
the condominium. If they enter into such a contract, the maximum
term shall not exceed one { 1 ) year, and the contract shall be
terminable without cause or a ent of a termination fee on
P Ym
thirt� 30 da s w '
( ) ritten notice.
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� 12 . Easements .
�
' � (a) Each apartment owner shall have a nonexclusive
cl easement for, and may use the common areas (except limited common
oareas ) in accordance with the purpose for which they were intend-
� ed without hindering or encroaching upon the lawful �right of the
c,� other apartment owners . This easement includes the right to use
the swimming pool, tot lot, and all of the recreation building,
eYcept the manager' s unit. Without limitation of the foregoing,
each apartment owner shall have a right of ing�ess to and egress
' from his apartment over and across the private street portion of
the common area as shown on the Condominium Plan and on those
lawns and private sidewalks which are part of the Common Area.
(b ) The easement described above shall be appurtenant
to and shall ass with the title to each a artment u '
P p , s b�ect to
the following:
(i ) The right of the Association to assess and
� collect dues and assessments as defined in Paragraph 13 .
(ii ) The right of the Association to suspend the
right of use of the swimming pool, tot lot, and recreational
, building, and other recreational facilities which may be added to
the condominium as rovided for in Para ra h 13 e o
, p g p O f this
Declaration.
{iii ) The right of the Association to suspend right
to the use of the swimming pool, tot lot, and recreational build-
ing, and any other recreational facilities which may be added to
the condominium, for a period not to exceed sixty ( 60 ) days for
any infraction of its published rules and regulations .
(iv) The right of the Association to grant ease-
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( i) Al1 common expenses defined in the Act; and,
(ii ) r�ll such other amounts as the Board of Dir-
ectors may deem necessary or advisable for the lawful exercise of
its powers and duties .
(iii ) Neither the Board of Directors nor the Asso-
ciation shall materially increase the assessments for common
expenses or for any other purpose until the earlier of either the
� date Sponsor has closed the sale of at least 75% of the condomin-
ium units in all phases or within one (1 ) year of the closing of
the sale of the first condominium unit in Phase 1 . For purposes
of this paragraph, a material increase shall be an increase
which, cumulatively, increases the regular and special assess-
ments for common expenses by a percentage in excess of the cumu-
� lative percenta e increase in the Consumer Price Index--All Urban
� Consumers publ�shed by the Bureau of Labor Statistics for
n Seattle-Everett SMSr�. In calculatin the cumulative increases
, p 9 ,
t
he base period for com utin the SMSA shall be the ear endin
� on the date upon which the regular assessments provided for
herein actuall commence. This re
y quirement can be waived only in
� the case of a bona fide emergency, and then only after the mem-
bers of the Association h v
a e met at a meeting to which Sponsor
' has received at least seven (7 ) days written notice, and after
the Associ.ation has approved the proposed increase by at least
51% of the total voting members of the Association.
The Board of Directors may, but shall not be required to,
return excess assessments for any year over and above actual ex-
penses paid or incurred or apply such excess against the follow-
ing year' s assessment. The Board of Directors shall advise all
apartment owners , promptly in writing, of the amount of the
assessments payable by each of them, respectively, as determined
b the Board of Directors and shal
y , 1 furnish co ies of each
P
budget on which such estimates are based to all apartment owners
and to their mortgagees who have requested copies of sucYi budget.
(b ) Reserves and W�_ orking Ca ital . There shall be es-
tablished an adequate reserve�und or e periodic maintenance,
repair and replacement of those common areas that must be
replaced on a periodic basis, which funds shall be maintained out
of regular assessments for common expenses. Additionally, a
working capital fund shall be established for the initial months
of the pro�ect operations equal to at least a two months ' esti-
mated common area charge for each apartment.
(c) Commencement of Assessments . The regular assess-
ments provided or erein s�ia� commence as to all completed
apartments (apartments to which certificates of occupancy _ have
been issued by the local governmental authorities) on the first
day of the month following the close of the first sale by Sponsor
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of a ccmpleted apartment; in any event, however, assessments
shall cotnmence against all apartments within sixty {60 ) days of
the date such first sale is closed.
(d) Pa ent ot �ssessments - Personal Obli ation. The
assessments are paya e month y ln advance or at such ot er time
or times as the Board of Directors shall determine. Each assess-
ment, in addition to constituting a lien as provided for in the
Act and this Declaration, shall also be, together with interest,
costs and reasonable attorneys ' fees as hereinafter provided, the
personal obligation of the person who was the owner of the apart-
ment against which the assessment is made at the time the assess-
� ment fell due.
� (e ) Collection of Assessments. Any assessment not
� � paid within 30 ays a ter the ue ate �all bear interest from
n the due date at the rate of 12°o per annum. The Board of Direct-
E � ors may initiate an action to entorce payment of any delinquent
� �. assessment and in such event the owner liable therefor shall pay
� Q all of the costs and expenses incurred incident thereto, includ-
� � ing a reasonable sum as attorneys ' fees, all of which shall be
secured by the lien provided for in the Act and herein. In addi-
tion thereto, the Board ot Directors may enforce collection of
, delinquent assessments in any one or more of the following
methods :
( i ) After 10 days prior notice to the owner of
intent to sever utilities tor delinquent assessments, the utili-
ties to the a artment u on w '
p p hich the assessment remains delin-
e �
qu nt may be se �ered anci disconnected in whole or in part until
the assessments are aid or otherwise rovided for to t -
P p he satis
faction of the Board of Directors .
(ii ) On 10 days prior notice to the owner, the
Association may suspend the right of use of the swimming pool,
tot lot, and recreation building by an owner for any period dur-
ing which any assessment against his apartment remains unpaid.
(iii ) An action may be commenced to foreclose the
lien for assessments .
( f) Liens and Foreclosures . All sums assessed by the
Association of apartment owners,�unpaid, for the share of the
common expenses chargeable to any apartment, together with inter-
est, costs and reasonable attorneys ' fees, shall constitute a
lien on such apartment prior to all other liens except only ( 1 )
tax liens on the apartment in favor of any assessing unit and/or
special district, and (2 ) all sums unpaid on all mortgages of
record against the apartment. Such lien may be foreclosed by
suit by the Board of Directors, acting on behalf of the apartment
owners, in like manner as a mortgage of real property. In any
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I
such foreclosure the apartment awner shall be required to pay a 1
reasonable rental for the apartment, and the plaintiff in such j
fareclosure shali be entitled to the appointment o£ a receiver to �
collect the same; pravided, hawever, the provisions af this sen-
tence shall be enforceable only if the Association obtains the
approval of the first mortgagee, if any, of the owner that is in
default. The Boar� of Directors, acting on behalf of the Assa-
ciation, shall have the power to "bid in" the apartment at fore-
clasure sale, and to acquire and hold, lease, mortgage, and
convey the same. Upon an express waiver in the complaint of any
right to a deficiency judgment, the period of redemptlon shall be
the minimum as established by law, after the sa1e. Suit to re-
�O cov�r any judgment for any unpaid assessment� sha1l be maz�ntain-
� able without foreclosing or waiving the lien securing the same.
�
O �g} Liahility �f Mort a ee or Purchaser. Where the
� mortgagee of a mortgage of recor or c�ther purclaser of an apart-
c� ment obtains possess�.on af the apartment as the result of fore-
� closure of the mortgage, or b� deed or assignment in lieu of
� foreclosure, such possessar, his successors and assigns, shall
not be liable for the share of the common expenses or asse�sments
by the Association chargeable to �uch apartment which became due
prior to such possessior.. Such unpaid share of common expenses
ar assessments shall be deemed ta be camman expenses collectible
Erom aI3. of the apartment owners, including such passessar, his
successors and assigns .
�h� Convevance - Liability of Grantor and Grantee for
Unpaid Common Ext�enses . In a voiuntary conveyance t�ie grantee o�
ar. apartment s-�e jointly and severally liable with the
grantor fcar all unpaid assessments against the latter for his
share of the common expenses up to the tlme of the grantor' s con-
veyance, without prejudice to the grantee' s right to recc�ver from
the grantor the amounts paid by �.he grantee therefor. Any such
grantee sha11 be entitled ta a statement from the Board af
Directors setting forth the amount of the unpaid assessments
against the grantor and such grantee sha11 not be liable for, nor
shall the apartment conveyed be subject ta a lien for, any unpaid
assessrnents against the grantor in excess of the amount therein
set for�th.
�i } Capita2 Improvements . Anything in this Deciara-
tion to the cc�ntrary notwZt s.s�.an�ing, the Board of Directors
shall nQt make capital impravements to the Property having a cost
of more than $10, 00Q.00 in the aggregate during any calendar
year, other than for repairing or restaring the Property as ma�
be provided for in this Declaration or the By-Laws, without the
prior approval af owners holding 51% of the total voting power in
the Associatian.
( j ) Nonuse. No apartment owner may exempt himseif
fram liabzlity �or Tiis cantrzbution towards the common expenses
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• A � 1 � � ' 1
by waiver of the use or enj oyment of any of the common areas or
by abandonment of his apartment.
15 . Damage or Destruction.
(a) In the event of damage or destruction to all or '�
part of the Property, the insurance proceeds, if sufficient,
shall be applied to repair, reconstruct or rebuild the Prcperty
in accordance with the original plans . Such repair, reconstruc-
tion or rebuilding shall be arranged for promptly by the Board of
Directors .
(b ) If the insurance proceeds are insufficient and the
cost to repair, replace or reconstruct in accordance with the
O original Condominium Plan will not exceed such insurance proceeds
� by more than $10, 000 . 00, the Board shall be authorized to make
� such repairs, apply the insurance proceeds and assess the members
� for the cost of such repairs in excess of the insurance. The
� Board shall promptly arrange for such repair, reconstruction or
C rebuilding without a vote of the apartment owners . In any case,
� however, use of hazard insurance proceeds for other than the
repair, replacement or reconstruction in accordance with the
original Condominium Plan shall not be permitted without the
prior written approval of holders of at least 67% of the iirst
mortgages (based on one vote for each first mortgage owned) or
c�aners (if there is no first mcrtgage on their apartment) of the
ir�dividual apartments .
(c ) If the insurance proceeds are insufficient and the
cost to repair will exceed such insurance proceeds by more than
$10, 000 . 00, the Board shall promptly, but in no event later than
90 days after the date ot damage or destruction, give notice to
and conduct a special meeting of the apartment owners to review
the proposed repairs, replacement and reconstruction as well as
the projected cost of such repairs, replacement or reconstruc-
tion. The apartment owners shall be deemed to have approved the
proposed repairs, replacements and reconstruction as propo�ed by
the Board at that meeting unless the apartment owners decide, by
an affirmative vote or Sl;o of the total voting power, to repair,
replace or reconstruct the premises in a different manner than
proposed by the Board. In any case, however, use of hazard in-
surance proceeds for other than repair, replacement or recon-
struction of the property in accordance with the original Condo-
minium Plan shall not be permitted without the prior written
approval of .holders of at least 67% of the first mortgagees
(based on one vote for each first mortgage owned) or owners ( if
there is no first mortgage on their apartment} of the individual
apartments .
(dy In the event of any damage or destruction to all
or any part of the Property, a decision by the apartment owners
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to do other than repair, reconstruct, or rebuild in accordance
with the original plan shall be made in accordance with those
requirements of the Act which are then in effect. Nothing con-
tained in this Paragraph shall be construed to give a condominium
unit owner or other party priority over any rights of the first
inortgage� oz the cor.dominium unit pursuant to its mortgage in the
case of distribution to such unit owner of. insurance proceeds or
condemnation awards .
(e ) Anything in this Paragraph 15 to the contrary not-
withstanding, any owner of an apartment which has been damaged or
destroyed shall have the right to repair, reconstruct or rebuild
his apartment, together with that portion of the Common Area
O immediately surrounding his apartment, without a vote of the
� �ssociation, so long as he obtains the written consent of the
p Board of Directors within 90 days from the date of damage or
� destruction and ca�:ses the work to be performed in a manner
�' satisfactory to the Board. Such consent shall not be unreason-
C> ably withheld; provided, however, that the owner must make
� arrangements, satisfactory to the Board of Directors, for payment
�' by the owner of that portion of the costs of repair, reconstruc-
tion or rebuilding not covered by insurance proceeds, which in-
surance proceeds shall be made available for the work if consent
is given by the Board.
15 . Insurance.
( a) General Recrulrement for Property Insurance . The
Board ot Directors sha ne required to o�tain��maintain,
paying the premiums as a common expense, a "master" or "blanket"
type of prcpert� insur3nce policy. The master policy shall cover
all of the Common Areas and any fixtures within the apartment
units, together with such equipment and other property within the
units as is customarily covered by mortgage instruments. All
property covered by the policy shall be insured in an amount
equal to One Hundred (100%) Percent of current replacement cost.
The blanket policy shall contain a standard mortgagee clause in
favor of each mortgagee of an apartment, which clause shall pro-
vide that tr.e loss , if any, thereunder shall be payable to such
mortgagee as its interest may appear, subject, however, to the
loss payments provisions in favor of the Association.
(b) Perils Covered b �Pro erty Insurance. The prop-
erty insurance po icy s a �for�at a minimum, protection
against the following:
{i ) Loss or damage by fire and other perils
covered by the standard extended coverage endorsement.
( ii ) All other perils which are customarily
covered in projects similar in construction, location and use,
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includir.g all perils normail�r covpred by the standard "all risk"
endorsement wh�re that is available .
{c� The master policy shall provide that adjustment of
loss shall be made by the Board of Directors and that the net
proceeds thereof shall be payable to the Board of Directors, as
Trustees, for the purpose of repairing or rebuilding the damaged
or destroyed property in conformance with the original plans and
� specificatlons; provided, however, that insurance proceeds not
used for the purpose of repairing or rebuilding the Property
shall be paid to the apartment owners and mortgagees as their
interests may appear; and provided further, however, that any
mortgagee of any of the apartments may require that insurance
proceeds be disbursed to or through the Board of Directors only
� as reconstruction progresses in the manner normally followed by
� construction lenders in disbursing construction loans to their
� borrowers .
� (d) All policies of physical damage insurance shall
o contain waivers of subrogation and waivers of any reduction or
� prorata liah�lity of the insurer as a result of any insurance
carried by apartment owners or of invalidity arising from any
acts of the insured or any apartment owners, and shall provide
that such policies may not be cancelled or substantially modified
without at least Ten ( 10 ) days ' prior written notice to all of
the insurecis, including all mortgagees of apartments . Each
apartment owner and mortgagee shall be furnished with a copy of
the master policy.
(e ) Liabilit Insurance. The Board of Directors shall
be required to o tain and maintain, paying the premiums as common
expenses, comprehensive general liability insurance covering all
of the Common Areas . Said insurance shall be not less than One
r4illion ( $1, 000, 000 .00 ) Dollars for each single accident or
occurr?nce and shall cover bodily injury, deaths of persons, and
property damage, including water damage. The liability insurance
policy shall cover each member of the Board of Directors, and
each apartment owner, with cross-liability endorsement to cover
liabilities of the apartment owners as a group to an apartment
owner.
( f) Fide�lity Bonds. The Board of Directors shall
maintain blanket �i3eZity�onds for all officers, directors,
trustees, management agents, employees of the Association, and
all other persons handling or responsible for funds of or admin-
istered by the Association.
(g) Com liance with Fed�eral Mortgage Agency Recu�ire-
ments . Notwithstan ing th�oregoing, or any ot7ier provislons
contained in this Declaration, the Board of Directors shall con-
tinuously maintain in effect such casualty, flood and liability
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insurance and fidelity bond meeting the insurance and fidelity
bond requirements for condominium projects established by the
Federal National Mortgage Association, the Government National
Mortgage Association, and the Federal Home Loan Mortgage Corpora-
tion, so long as any of said organizations is a mortgagee or
owner of a condominium within the project, except to the extent
such coverage is not available or has been waived in writing by
the said organization.
(h) Additional Insurance. Apartment owners may addi-
tionally carry insurance or t eir own benefit insuring their
carpeting, wallcoverings, fixtures, furniture, furnishings and
other personal property; provided, that all such policies shall
contain waivers of subrogation and further provided that the
� liability of the carriers issuing insurance obtained by the Board
� of Directors shall not be affected or diminished by reason of any
p such additional insu-rance carried b an a artment own
O
y y p er.
� �
1 . Subdividin and or Combinin .
, i. g �_ 9
� J
� An apartment or apartinents, Common Areas, or Limited Common
� Areas, may be subdivided and/or combined only by amendment of
this Declaration and the Condominium Plan. In addition, the ar-
P
tition or subdivision of an a a
p rtment requires the express
written consent cf the Owner and Mortgagee of tr,at apartment, or
if common or limited common areas, 75% of the effected first
mort3agees .
18 . rlaintenance and Re a ' .
p ir
Each cwner, at his own expense, shall perform pr�mptly all
cleaning, maintenance, repair and replacement work:
a Within his own a artme
( � nt, which if omitted would
t P ' ,
aflect the Common Area.
� (b) On both the interior and exterior of all doors,
i windows, and screens boundin his a artment.
g P
(c) Within the patio or deck assigned to the apart-
ment.
All other maintenance and re airs are to e
. p b performed by the
Association. The cost thereof is to be a common e�ense of all
the a artment ow
I�� p ners . In the event an owner fails or refuses to
perform the cleaning, maintenance, repair and replacement work
required by him under the provisions of this paragraph, then the
Association may perform such work and the cost thereof shall be
the personal obligation of the owner of the apartment and shall
constitute a lien upon the apartment and its interest in the
Common Areas and may be foreclosed in the same manner as the lien
for assessments for common expenses .
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The Association shall have the irrevocable right, to be
exercised by the Board of Directors and its agents, to have
access to each apartment and limited common area from time to
time duri.ng reasonable hours as may be necessary for the mainten-
ance, repair, or replacement of any of the Common Areas therein
or accessible therefrom, or for making emergency repairs therein
necessary to prevent damage to the Common Areas or to another
apartment or apartments, or to do any cleaning, maintenance,
repair and replacement work which the owner is required to do but
has failed or refused to do .
19 . �dditions, Alterations or Improvements � Apartment
Owners . —
� No apartment owner shall make any structural addition,
� alteration, or improvement in or to his apartment, without the
o prior written consent thereto of the Board of Directors . The
Board of Directors shall have the obligation to answer any
� written request by an apartment owner for approval of a proposed
o structural addition, alteration, or improvement in such apartment
� owner' s apartment, within 30 days after such, request, and failure
to do so wlthin the stipulated time shall constitute a consent by
the Board of Directors to the proposed addition, alteration or
improvement. Any application to any department of King County or
to any other governmental authority for a permit to make an addi-
tion, alteration or improvement in or to any apartment shall be
e�ecuted by the Board of Directors only without, however, incur-
ring any liability on the part of the Board of Directors or any
of them to any contractor, subcontractor or materialman on
account of such addition, alteration or improvement, or to any
person having any claim for injury to person or damage to prop-
ert� arising therefrom. The provisions of this paragraph shall
not apply to apartments owned by the Sponsor until such apart-
ments have been initially sold by the Sponsor.
20 . Condemnation.
In the event of partial condemnation which does not result
in any apartment becoming unlivable, the proceeds shall be used:
(a) To restore the remaining common area.
(b) For payment to apartment owners and their mortgag-
ees specially damaged by the condemnation, which damage was an
element of the condemnation award.
(c) The balance shall be distributed prorata among the
apartment owners and their mortgagees in proportion to their per-
centage interest in the common area.
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In the event ot partial condemnation which does result in
some but not all of the apartments becoming unlivable, the condo-
minium documents shall be amended to reflect any required elimin-
ation of apartments, and the condemnation proceeds shall be used:
{ a) for payment to apartment cwners and their mortgag-
ees eliminated in the revised documents, to the extent value of
the entire unit was an element of the condemnation award.
(b ) To restoration of the remaining common area.
(c ) For payment to apartment owners and their ;nortga-
� gees specially damaged by the condemnation but which remain in
� the condominium, which damages were an element of the condemna-
C� tion award.
O
� (d) The balance shall be distributed prorata to the
o remaining apartment owners and their mortgagees in proportion to
� their percentage interest in the common area.
GQ
In the event that the entire property is taken or condemned,
or sold or otherwise disposed of in lieu of or in avoidance
thereof, the condominium ownership pursuant thereto shall term-
inate. The condemnation award shall be apportioned among the
owners in proportion to the respective undivided interest in the
common area; provided, that if a standard different from the
value of the property as a whole is employed to measure the con-
demnation award in the negotiation, judicial decree, or other-
�aise, then in determining such shares the same standard shall be
employed to the extent it is relevant and applicab�.e. On the
basis of the foregoing principal, the Board shall as soon as
practicable determine the share of the condemnation award to
which each owner is entitled. After first paying out of the
respective share of each owner, to the extent sufficient for the
purpose, all mortgages and liens on the interest of such owner,
the balance remaining in each share shall then be distributed to
each owner respectively.
Each unit owner appoints the Association as attorney-in-fact
to represent the owners in all condemnation proceedings, or in
negotiations, settlements and agreements with the condemning
authority for acquisition of the common areas or any part thereof
by the condemning authority.
21. Mortgagee' s Protection.
(a) As used in this Declaration: (1 ) "mortgage" in-
cludes any deed of trust or other security instrument; (2 }
"mortgagee" includes the beneficiary of a deed of trust, a
secured party, or other holder of a security interest; (3 ) "fore-
closure" includes a notice and sale proceeding pursuant to a deed
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of trust or sale on default under a security agreement; and (4)
"institutional holder" means a mortgagee which is a bank or
savings and loan association or established mortgage company, or
other entity chartered under federal or state laws, any corpora-
tion or insurance company, or any federal or state agency. ,
(b) The prior written approval of holders of at least
75% of the first mortgagees (based on one vote for each first
mortgage owned) of the individual apartments shall be required
for any of the following: ,
( 1 ) The abandonment or termination of the condo-
minium project, except as provided otherwise in the Declaration
or as required by law.
O
� (2 ) Any material amendment to this Declaration or
ato the Articles of Incorporation or By-Laws of the owners asso-
p ciation, including, but not limited to, any amendment which would
� change the percentage interests of the apartment owners in the
v condominium project (except as provided in Paragraph 27) , change
� the method of pro-rata interest or obligation of any individual
c� apartment unit for the purpose of levying assessments or charges
or for allocating distrlbutions of hazard insurance proceeds cr
condemnation awards .
{3 ) The effectuation of any decision by the
owners association to terminate professional management and
assume self-�nanagement of the condominium project (however this
shall not be deemed or construed to require professional manage-
ment) .
(4 } Partitioning or subdividing any apartment.
(5 ) Any act or omission seeking to abandon, par-
tition, subdivide, encumber, sell or transfer the common areas;
provided, however, that the granting of easements for public
utilities or other public purposes consistent with the intended
use of the common areas shall not be deemed a transfer within the
meaning ot this clause.
( 6) Any amendment of any provision of the Declar-
ation or By-Laws which is for the express benefit of holders or
insurers of first mortgages on apartment units.
(c) The holder or insurer of a first mortgage on an
apartment shall be entitled to timely written notice of:
( 1 ) Any significant damage or destruction to the
common areas or to the unit to which the mortgage appertains .
For purposes of this subparagraph, the term "significant damage
or destruction" shall mean damage having a cost to repair of
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• • '' ' . , .� ' • � •� , • ,
$1 , 000 . 00 or more to the mortgaged unit or $10, 000 . 00 or more to
the common area.
(2 ) Any condemnation or eminent domain proceeding
effecting the conciominium regime or any portion thereof.
(3 ) Any default under this Declaration or the '
Articles of Incorporation or By-Laws which gives rise to a cause '
of action against the owner of an apartment subject to the mort- '
gage of s�.�ch holder or insurer, where the default has not been
cured in 30 days .
(4) Any proposed termination of the condominium
0 regime .
O� �
o ( 5 ) Any proposed amendment of the condominium in-
� struments effecting a change in (i ) the boundaries of any apart-
�. ment, ( ii ) the undivided interest in the common areas appertain-
� inc� to any apartment or the liability for common expenses apper-
� taining thereto, (iii ) the number of votes in the Association
appertaining to any apartment, or (iv) the purposes to which any
apartment or the common areas are restricted; provided, however,
that this paragraph shall not apply to amendments made in accord-
ance with Paragraph 27 .
( o ) any lapse, cancellation or material modifi- _
cation of any insurance policy maintained by the :�ssociation pur-
suant to Paragraph 16 ot the Declaration.
( d� The holder or insurer of a first mortgage on an
apartment shall be entitled, upon request, to :
(1 ) Inspect the books and records of the Associa-
tion during normal business hours .
(2 ) Require the preparation of and, if prepara-
tion is rec�uired, receive an annual audited financial statement
of the Pssociation for the immediately preceding fiscal year,
except that such statement need not be furnished earlier than 90
days following the end of such fiscal year.
(3 ) Receive written notice of all meetings of the
Owners Association and be permitted to designate a representative
to attend al l such meetings .
22 . Survey Ma� and Building Plan.
Simultaneously with the recording of this Declaration there
has been recorded (as shown in Paragraph 1 of this Declaration) a
survey map and building plan, jointiy styled "Sunpointe, A Condo-
minium" , containing the information required by the Act.
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23 . Apartments Sub �ect to Declaration, Articles of Incor-
poration, By-Laws and Ru�n�Re�ations . —
All present and future owners or occupants of apartments
' shall be subject to and shall comply with the provisions of this
Declaration, the Regulatory Agreement, and the Articles of Incor-
� poration, By-Laws and rules and regulations of the Association,
as they may be amended from time to time. The acceptance of a
` deed or conveyance or the entering into occupancy of any apart-
; ment shall constitute an agreement that the provisions of this
Declaration, and the Articles of Incorporation, By-Laws and rules
and regulatic�ns of the Association, as they may be amended from
I time to time, are accepted and ratified by such owner or occu-
� pant, and all of such provisions shall be deemed and taken to be
covenants running with the land and shall bind any person having
0 at any time any lnterest or estate in such apartment, as though
' p�'j such provisions were recited and stipulated at length in each and
0o every deed or conveyance or lease thereof. Failure to comply
, � with this Declar�tion, the Articles of Incorporation, By-Laws,
�. and rules and regulations shall be grounds for an action to
o recover sums due, for damages or injunctive relief, or both,
� maintainable by the Board of Directors on behalf of the Associa-
tion or by a particularly aggrieved apartment owner.
24 . Availabilit of Documents and Record .
s
During normal business hours or under . other reasonable cir-
cw�nstances , the Association shall have available for inspection
b� apartment owners, lenders , and the holders and insurers of the
first mortgage on any unit, current copies of the Declaration,
Articles of Incorporation, By-Laws, and other rules and regula-
tions governing the operation of the condominium regime, and
other books, recor3s and financial statements of the Association,
including annual audited financial statements when such are pre-
pared. The Association shall also make available to prospective
purchasers current pages of the Declaration, Articles of Incor-
poration, By-Laws, other rules governing the condominium, and the
most recent annual audited financial statement.
25 . Free Transferability.
Neither this Declaration, nor the Articles of Incorporation,
By-Laws, or rules or regulations of the Association shall contain
a right ot first refusal or similar restriction on the sale,
transfer or conveyance of any apartment. It is hereby affirma-
tively pr�vided that any apartment owner may transfer his or her
unit free of any such restriction.
26 . Amendments
Except as provided hereinafter in Article 27, the consent of
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� all apartment awners shall be required for any amendment of this
I Declaration ef£ecting a change ln {i} the boundaries of any
apartment; ( ii� the undivided interest in the common elements
, appertaining to the apart.�nent or the liability for comman expen-
ses a ertainin thereto, iii ) the number of votes in �.he Asso-
(
PP 5 .
ciaticn a�pertaining to the apartment, or ( iv) the value of the ,
property and of any and a31 af the apartments for the purpases of ;
��, the Declaration or the Condaminium Statute, or (v} the funda- �,
mental purpose to which any apartment or the common areas are ,
' restricted. This condaminium regime may be terminated only as
clarat�.on
0 provided b�r law. �'or any other amendment of this De ,
�` the consent af 67,°0 of the apartment owners shall be required. !
� �
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' � When an amendment has been approved by the owners, then the I
� r hwith cause a written '
�,. President of the Association shall. fo t �
� instrurnent to be prepared, acknowledged and recorded in King j
M Caunty, Washington, setting forth the amendment and certifying �
� that the amendment shall become effec�tive. No amendment shall be
effective until recarded. I
I
27 . Amendment to Add Phases .
II
(a) The Sponsor, or its successors or assigns in I
title, without the consent af any apartment owner or mortgagee I
� �.hereof, at any time priar to January 1, 1989, may am�nd this j
Declaration by an instrument signed by the Sponsor alone (or by
it� said succassors ar asszgns if the znstrument transferring
Sponsar' s interest to a succassar or asszgn specifically grants II
this power} to add to the Declaratian Parcels "B" through "G" , or
any of �.hem, the legal descriptic�ns f�r which are shown on Exhi- �
bit "A" attached hereto . If any parcel is added, it shall be
' added as a phase to this condominium. The phases may be added in I
such order as Sponsor may elect, provided however, that the phase I
being added is cc�ntiguous with phases previously added to this �
condominium. The buildings and apartments are to be as described I
' in Paragraphs 2 and 3 af this Declaratian. The percentage inter-
ests far each apartment added by suc� subsequent phase and the ,
revisions to the percentage interest far apartment units already ,
in the condominium shall be calculated as set forth in Subpara-
� graphs �c� and �d) below and illustrated in Exhibit '"C" . '�
(b) For purposes pf Subparagraph (a) above, each '�
apartment owner by acceptance of his deed, irrevocably consti-
� tutes and appoints the Sponsor, or its said successors and
, assigns, its true and lawful attorney in his name, place and
, stead, to calculate the percentage interests as set forth in
Sub�aragraph {c) and {d) , helow, and to execute, acknawledge or
verlfy, and flle ar record any and all documents to effect the
' said amendment, giving and granting unto his attorney full pawer
'� and authority to do and perform each and every act and thing
, whatsoever requisite and necessary to be done in and about the
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! remises for said ur oses as wholl and ta all intents and ur-
� poses as he might or p ould do if personally present with respect
thereto, hereby ratifying and canfirming all that his attorney
shal2 do ar cause to be done, it being expressly understoad that
' the faregoing power is caupled with an interest and sha21 sunrive
the conveyance hy an apartment owner of his z.nterest in his
apartment. Nothing herein contained shall rec�uire any perso� to
investigate the authority of the Sponsor, or lts said successors
and assigns, to execute any instrument under the authority of the
aforementioned power of attorney.
� (c) �t the time the first of Phases 8 through IS is
added to the condaminium, Spansor shall allocate the total value
, � of thc�se phases ( $12 , 0OO, OG0 .00 ) among all af Phases 8 through
.
15 . S onsor shall make that allocation by setting forth a stated
Qy value fc�r each phase in the dacument adding the first of said
� phases .
O
� (d) When adding one or more of Phases 2 through 15 to
� this condominium, Sponsor shall calculate the percentage of
�p ownership in the common areas for those apartments then being
added and shali revise the percentage of ownership in the common
areas for those apartments aiready a part of this condominium.
Zn so doinc3, Sponsor shall first add the total stated value for
each phase then heing added to this condominium ta the tatal
stated values of all the buildinqs in each phase already included
within this condominium. This c3lculation will determine the
composzte total value for this condominium as of the date such
additional phase (or phases ) is added to the condominium.
(e} The percentage of ownership for each individual
unit that i� or will be a part of this condominium at the time
the applicable phase is added, shall be determined by dividing
the stated value of each unzt by the compasite total value of al2
, of the phases that are or will be incorporated in�.o this conda-
' minium at the times such phase(s} is added. If, when calculati.ng
' these percentages of ownership, the tatal awnership percentages
I do not add up to exactly 100 percent, Sponsor is hereby given the
' autharity and is directed to make such adjus�ments to individual
� owner' s percentages of interests as said attorney-in-fact may
deem apprc�priate so that the total percentages do add up to
; exactly 100 percent; provided however, that any adjusfiment to an
individuai ' s percentage of ownership shall not exceed 2j10a of 1
percent ( . Q2J) .
' ( f) The stated value for any unit being added may be
I established by Spansor, provided that the tatal stated values for
' the units in any particular phase being added must equal the
� total stated value for that phase as set forth in Paragraph 7 .
�nce added to the condominium, the sta�ed values for the apart-
I� ment units shall nat be changed.
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(g) Upon making the calculations set forth in Subpara-
graphs (d) and (e) above, Sponsor shall distribute a Notice
setting forth the revised percentages of ownership. This Notice
shall be distributed to all apartment owners of this condominium
at their apartment address, or at such other addresses known by
Sponsor at the time of such calculations . Such notices shall be
sent by certified mail, return receipt requested, and shall
become
final and binding upon all owners if no action has been
filed within thirty days of the date the last such notice is
placed in the U. S . mail and addressed as above stated. Any
action challenging the accuracy of the mathematical determina-
tions oi Sponsor shall be tiled with the Superior Court of the
' State of ir�ashington in and for the County of King. If no such
action is filed in said thirty days, Sponsor shall have the
p authority to record the revised calculations of percentages of
� ownership and such revised percentages shall become effective and
o binding upon all owners as of the date of such recording.
O
c�t (h) Exhibit "C" contains an illustration of the manner
� in which the calculations described above shall be made.
c�
� ( i ) Sponsor agrees that at the time Phases 2 through
15 , or any of them are added to this condominium, title to each
phase which is added shall be free and clear eYcept for such
encumbrances that existed against Phase 1 at the time of its
r�cor�ing. Sponsor further agrees that improvements located in
Phases 2 through 15 will be substantially complet�d before the
propert�� in whlch the improvement is located is added to the
condominium.
( j ) If Sponsor adds Fhases 2 through 15, or any of
i them, the ccmmon and limited common areas in such phases being
, added shall be combined with and incorporated into the common
areas and limited common areas existing in this condominium prior
to such addition. From the time Sponsor records an amendment
adding Phases 2 through 15, or any of them, to this condominium,
each apart,-nent owner in the phase or phases being added (includ-
ing the Sponsor, if the Sponsor is an apartment owner at such
time) shall be entitled to all benefits set forth in the Articles
of Incorporation, ByLaws, Declaration and the Act, including, but
not limited to, the right, as a member of the Association, to
exercise the voting rights which are described herein and each
a artment owner includin S onsor i£ S onsor '
P ( g P p is an apartment
owner at such time) shall be bound by all of the obligatlons set
forth in the Articles of Incorporation, By-Laws, Declaration and
Act, including, but not limited to, the obligation to pay assess-
ments which are set forth therein.
(k) No amendment shall be effective until recorded.
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( 1 } Nathi.ng contained in this Declaration or in the
Survey Map and Pians shall be construed to require Spansor to add
Phases 2 through 15, or any of them.
{m} No am�ndment adding Phases 2 through 15 ta the
Declaration sha11 be effective without the prior written approval
of the Regional Offices of the Veterans Administration, the
Departrnent of Housing and Urban Development, or the Federal
National Mortgage Association if there are at that time any
apartment units having Ioans secured by mortgages held, guaran-
teed or insured by them.
28 . Power of Attorney to Amend ta Meet Financing Require-
ments . � �
� Sponsor, or its successors or assigns in title, may without
the consent of any apartm�nt owner at any time prior to the time
p it has sold and clased Seventy Five (75%) percent of the apart�-
�2 ment units in Phases 1 through 15 amend this Declaration and the
c Survey Map and Plan by an instrument signed by S�onsor alone, or
c� its sald successors ar assigns, in arder ta satzsfy the Iending
� requirements of the Veterans Administration, Fec3eral National
1�lortgage �ssaciation, or the Martgac�e Corparation �also known as
Federal Hame Loan Mortgage Associat�.an) ; provided, however, that �
if at such time a unit is subject to a rnortgage insured by the
Veterans Administration, then the prior written approval of the
�Ieterans Adrninistration shall be r�quired before recording such
amer�dment.
29 . Miscellaneous '
� Far u oses herezn, the term "apartment awner" shall have
I p �� the Act• rovzded, however, �
the �ame meaning as that set forth Zn , p �i
� that an occupant purchasing the apartment under a real estate
I cor�tract shall be deemed to be the "apartment owner" and the I
seller under the real estate contract shall be deemed to have a I
security interest in the unit. I
IN �+�TITNESS WHEREQF, the undersigned have caused this Declar-
' ation to be executed this ��+ dag of c , 19�3 . I
_��___ �c�,crua_.vr__.
CFJCHG ASSOCIATES, I
a Washington Joint Venture Fartnership,
cam osed of CHG INTERNATIONAL, INC. ,
P
a Washington corporation, and
' CADILLAC FAIRVIEWfWASHINGTON, INC. ,
a Washington corporation j
By': CHG INTERNATIONAL, INC• , I
a Washington corporation
_ ._,..�----�:—
I
gy; �� - --_- �
Presi ent � I
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ST��TE OF �TASHINGTGN }
) ss .
COUNTY QF �:ING )
On this ��� day of �Qf�UG�� , 19�l�., befare
me personally appeared CLIrdT�N L. H�RGERT, to me known to be the
President of CHG INTERNATIGNPL, INC. , a Washington corporation,
which corparation is autharized to sic�n this instrument an behalf
of CF/CkG r�SSO�I�TES, a Washingtan Joznt Venture Partnership, and
acknow3.edged the sazd instrument to be the free an�i voluntary act
and deed af said Partnership, for the uses and purposes therein
mentioned, and on oath stated that he was authorized to execute
sai� instrument far and on behalf of said Partriershig and on be-
half of CHG INTERNATIONAL, INC, and CADILLAC FATRVIEW/WA5HINGTON,
INC. , a �,Jashington corparation.
.,. .,.,.,
O �
�► IN WITNESS WHEREOF, I have hereunta set my hand a�i�.,;,��,tf�x�,i
� my official �eal the day and year first above written. � ._ - , ,_ , '�v ���,,
� (� � ' .,�:;� _ ��� ',�
Cti2 tt • 'c ' . ,, �; •
� �i
� NQ ARY UBLIC zn an n • e ..
cx� Stat,,e af Washington;� ��esidi�g. .��
at Y �.,,,1��, .,, � .
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CCNSENT BY MORTG�GEE
, as Mortgagee under a mart-
gage ate , , as recorded on ,
19 , un�er King County Receivzng No. , �ere y con-
sents that the Property herein descrl e may e submitted to
Chapter 64.32 RCW in accordance with the foregoing.
DATED this day of , 19
a
a Was �.ng�an corporat�.on �
�
o By'
�
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�
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c�
�� ST�TE (JF WASHINGTaN )
) ss .
CDUNTY OF KING }
On this day of , 19 , before me
aFpeared , to me known to be
the o� , the
corporatzon tnat executed t e within an aregoing �.nstrument, '�
and acknc�wledged tne said instrument to be the free and voluntary I
act and deed of said corporation, for the uses and purposes I
therein men�.ioned, and on oath stated tha�. he is autharized to
execute the said in�trument and that the seal affixed is the seal
of said carparatzon.
WITNESS my hand and official seal hereto affixed the day and �I
year first above written.
NQTARY PUBLIC �n an or e State
of Washington, Residing at
I
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y
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L''.Xt'llb].t .Ci
Parcel I : Phase 1
Beginning at the intersection af �he Northerly right-of-way Iine
of the Pacific Coast Railroad {140 feet wide} with �he centerline �
of a stree� (Stevens Ave. S.W. ) as said railroad and street are �
� shown on said plat of Earlington, said true point of beginning
bearing North 44°25' 22" East , a distance of $31. 54 feet from the
Southeast corner o£ said Section 13 ;
thence from said point of beginning along the Northerly right-of- �
way of the Pacific Coast Railroad as shawn on the main line right- i
� af-way and traek map , Pacific Coast Railroad, SheeC 5 af 12 , V. 2-Wi�t, ��
�• recards of the Burli.ngton Northern Raiiroad, Narth 71°29 ' I2" West , I
C'7} a distance o� 484 . 56 feet ;
� thence North 1$°27 ` 51" East , a distance of 91. 67 fee� ; • I
� thence Narth 41°27 ' S1" East, a distance of 75.Q0 feet,
� thence North 18°27' S1" East , a distance of 130. Op £eet ; �
� thence Sauth 71°32' 09" East , a distance of 22$. 54 �eet to a point
GO of curvature having its radius poin� North I$°27' S1" East , a �
distance o£ 330. CI0 feet ; �
thence along the arc of this curve Co the Ieft through a central
angle af 21°00' OQ" for an arc length af 12Q. 95 fee� ;
thence North 87°27 " 51" East , a distance of 38. SQ fee� �a a point
of curvature having its radius poin� South 2°32 ' 09" East , a
distance af 20 , Of1 feet ;
thence alon� the arc of this curve to the right through a central
angle of 81 47 ' 12" for an arc length of 2$ . SS feet to a point of
reverse curvature , having its radius point North 79°15` 03" East ,
a distance of 330. 00 feet ;
thence along the arc of th�s curve �o the left thraugh a central
angle of 33°47` 12" for an arc Iength of 194. b0 fee� ;
thence Sauth 44°32' Q�" East , a distance of 57 . 34 fee� ;
thence Narth 77°04' 24" West- a distance of 142. 46 �'eet ;
thence Sau�h 1$°27' S1" West., a distance of 145.47 £eet to the
true paint of beginning;
Situate in Sec�ion 28 , Township 23 North, Range 5 East , W.M. ,
City of Renton, County of King, State of Washing�on.
` , , » , . ,' .
• , ", ,LE6AL. DESCRI PT ION - PARCct 0 - PHASE 2 � '
COMMENCING A? TNE SOUTHNEST CORNER OF SECTION 18. TOwraSHIP 23 NORTH, RAr,GE
5 EAST. W.M. � ?CIYG COt1�iTY. NASNINGTON; TNENCE N 44�25 '22" E FOR A OISTANCE
OF 831 . 54 FEET TO A PO1NT ON THE NORTHERLY BOUNDARY OF THE PACIFIC COAST
RA(�ROAO RIGHT-OF-4tAY AS StiOWN ON 7NE MAIN LINE RIGHT-OF-WAY AND TRACK MAP,
PACIFIC COAST RAlLROAD. SHEcT 5 OF ]1 . VOLUME 2 - WASHINGTON, RECOROS OF
TNE BlJRI.INGTON NORTHERN RAILROAD, SAIO PO1NT ALSO BE]N6 ON THE SOUTHERLY
BOU�aDAFtY OF 7HE PLAT OF EARLINGTON� RECOROED IN VOLUME 14 OF PLATS, PAGE 1
(A.F. �a337a9) , RECORDS OF KING COUNTY, wASHIIaGTON; THE:NCE N 53�16� 30�� E
268. 38 fEET Ta TNE 7RU� POIr�T OF BEGirrrrir�G;
TNENCE N 44°32'09" W 40.00 FEET TO A POINT OF CURVATURE THE RAOIAL BEARIN�
OF NH1CN EXTENOS N 45°21'S1" E 270.00 FEET; 7HENCE A�ONG THE ARC OF THIS
CURVE TO THE RIGHT THROUGN A CENTRAL AtrGLE OF 55°21�01�� Ari ARC DiST�r�CE
OF 261 . 31 FEET TO A POINT OF i�ON7A"�GEt�CY; ,THENCE S �9°05'02" E 69. �3 FkET;
THENCE N 75°27� 51 " E 70.00 FEET; THENCE N 45°21'S1 " E 1 :,6. 00 FEE7; TtiEr�CE
S 74°06 '49" E 85.09 FEE7; TNENCE 5 45°21'S1 " W 198.00 FEET; THENCE
5 03�39 ' 38" E 126. 90 FEET; TNENCE S 45°21'S1 " W 134.00 FEET TO THE TRUE
O P�INT OF BEGINNING.
��
o S1TUATE Iw SECTION 18, TG'�NSNIP 23 NORTH, RAr�GE 5 EAS7 , w.M. , CITY OF
� REN70r�, COut�TY OF KING, STATE OF wASN1NGTON.
C1�
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L EGrL DESCRI PT ION _ P„RCEL C - pHASE 3
COhz�1ENCll�G AT THE SOUTH'�EST CORl�EP, OF SEC7ION l6, TOWNSHIP 23 NORTH, RANGE
5 EAST , W.M. , KING COUNTY , WASHIt;GTON; THENCE N 44°25'22" E FOR A DISTANCE
OF 831 . 54 FEET TO A POIr�T ON ThE riORTHERLY BOUNOARY OF 7HE PACIFIC COAST
RAILROaD RIGHT-OF-WAY AS SNOwN Orr THE MAIr� L1NE RIGHT-OF-wAY ANO TRACK h1AP,
PACIFIC COaST RAlIROAD, SHEET 5 OF 11 , VOLUME 2 - wASH1NGTON, RECOROS OF
TNE BURLINGTOcr NORTHEhrr RAILROAD, SAIQ POINT ALSO BE1NG ON TNE SOUTHERLY
BOur�Or�RY OF TNE PLAT OF EaRLIr�GTON, RECORDED IN vOIUME 14 OF PLATS, PAGE 7
(A. F. `433149} , RECOROS OF KIf�G COUNTY, WASHIP�GTON; THENCE N 50�40' 32" E
401 . 54 FEET TO THE TRUE POI;�T UF Q�GIf�i�IP�G; �
� i fiEr�CE N 03°39� 38�� W 126. 90 FEET; THE��CE �v a5°21�51 �� E 198.00 rEET ; 7HENCE
� t� 14"06'49" W 85. 09 FEE7; T��riCE W 45°21' Sl" E 19.17 FEET; THENCE
� N 09"21'24" W 29. 35 FEE7; 7HENCE N SO"32' 36" E 350. 12 FEET; T►iENCE
� . S 18`27'S1 " W 100. 00 FEET; THE���CE S 80°32'36" W 61 . 11 FEET; TtiENCE
i� S 18"27' 12" W 38. 31 FEET; THE�rCE S 71 °32'09" E 41 .22 FEET; THEP�CE
�' S 45°27 ' S1 " W 324.40 FEET; THENCE 5 86°20'22" W 110.00 FEET TO 7HE
� TRUE POINT OF BEGIr;NI�aG.
SITUATE IN SECTION 18, TOw;1SHIP 23 NORTH, RANGE 5 EAST; CITY OF RENTON,
COUr�TY OF KI(�G, S7ATE OF wnSNI�rG70N.
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LEC�i. DESCRIPT_ICt� __ PARCc1 B - rH�SE 4
COrs•SENC1��� A7 THE SOUT�tWEST CORr�ER OF SECTIOc� 18, TOuNSt�IP 23 NORTH. RANGE
5 EAS7, w.M. , KING COUr�TY . wASHIrrGTON; THEr►CE N 44°25�22�� E FOR A DISTaNCE
OF 831 . 54 FEET TO A POI�'VT ON TttE NORTHERLY BOut�DARY OF IHE PACIFIC COAS7
RAILROAD RIGHT-OF-wAY AS SHOwt� ON THE MAiN �INE R1GHT-OF-waY AND TRACK hfaP,
PACIFIC COAST RAILROAD, SHEET � OF 11 , VOLUME 2 - WASHINGTON� RECOROS OF
TNE BURLIPdGTON NORTNER�� RAILROAO, SA10 POIN7 ALSO BEI�,G ON THE SOUTHERLY
80Ut1DARY OF THE PLAT OF EARLINGTON, RECORDED IN VOLUME 14 OF PLA7S, PAGE 7
(A. F. b433749). RECORDS OF KING COUHTY. WASHINGTON; THENCE N 53°16'30" E
268. 38 FEET TO THE TRUE POINT OF BEGir�NtNG;
O
�`• THENCE N 45°27'51 " E 134. 00 FEET; THENCE N 86°20'22" E 110.00 FEET; TNENCE
� N 45°27' S1 " E 324.40 FEE7; TttENCE S 71°32'04" E 59.53 FEE7; THENCE
c;; S 29°56'06" W 83.86 FEET TO A POINT OF CURVATURE TtiE RADIAL BEARING OF
�� NHICN EXTENOS S 50'03'S4" E 330.00 FEE7: THE-�ICE ALO�'VG THE ARC OF THIS
�� CURVE TO THE LEF7 TIIROUGH A CENTRAL ANGLE OF 43°20'40" AN ARC DISTANCE �F
� 249. 65 FEET 70 A NOr�TANGEHT PO1NT; THENCE S 76°35�26" W 243. 16 FEET;
�% TNENCE N 44°32'09" W 105. 00 FEET; 7HENCE 5 45'21'51 " W 85.00 FEET; TNENCE
. r� 44°32�09�� W 63.85 FEE7 TO 7NE TRUE POINT OF BEGINNING.
SITUATE IN SECTION 18, TO'�NSNlP 23 NORTH, RANGf 5 EAST. �l.M. . CITY OF
REN70N, COUNTY OF KING, STATE Of hIASNlNGTON. �
` -. . ,` .
, � • i . • LEGA�. DESCRIPTION - PARC�'t A _ pg�SE 5
COMMENCING AT THE SOUTHwEST CORNER OF SECTION 18, TOWtJS}IIP 23 NORTN, RANGE
5 faST, w.M. , KING COUrnY, 4�ASNI.tiGTON; THENCE N 44°25�22�� E FGR A DISTAMCE
0�' 831 . 54 FEE� TO A POINT Oti TNE NORTHERLY ROU��DARY OF TNE PACIFIC COAST
RA1lROA0 RIGHT-OF-WAY AS SHOwr� ON THE ttAIN L1NE RIGHT-OF-wAY AnD TRaCK MAP,
PACIFIC COAST RAOLROAo, SHEET 5 OF 11 , VOLUh1E 2 - WASHINGTO:�, RECORDS OF
THE BURIINGTOr� NORTHERrr RAILROAD. SAIO P01r�T AiSO BEIr�� ON 7HE SOU7NERLY
BdUNDARY OF TNE PLAT OF EARLINGTON, RECOROED IN 1tOLUr4E 14 OF PLATS, PAGE 7
(A. F. �433749) . RECOROS OF KIPIG COUt�7Y, WASHi��GiO��; THENCE N 76°33'�9" E
310. 48 FEE7 t0 7NE TRUE POINT OF BEGINt�I��G;
THENCE N 44°32�09�� w 60.00 FEET; THENCE N 45°27�51 �� E 85.00 FEET; T�ENcE
S 44°32�09�� E 105.00 FEET; TF�ENCE N 76°35�26�� E 243. 76 FEEt TO a POit�T ON
, A CURYE TNE RAUTAL BEARING OF Wf�ICH EXTENOS N 76°35 '26" E A DISTANCE OF
� 330.00 FEET; THENCE ALOt�G THE ARC 4f THIS CURUE TO THE LEFT THROUGH A �
� CcN7RAL ANGLE OF lb°29' 34" FOR AN ARC OISTANCE OF 94. 99 FEET TO A PQJNt
0)
�O OF 7ANGENCY; TNENCE S 29°54'08" E 51. 11 FEET TO A POINT OF CURVATl1RE 7HE
� � RADIAL BEARING OF WHICN ExTEctoS S 60°05� 52�� tr 20.00 FEET; THEtiCE ALOraG THE
�� ARC OF TtiI S CURVE TO 7fiE R IG1�T THROUGH A CENTRAL ANGLE OF 1 O1°32' 13" AN
0 ARC OISTANCE OF 35. 44 FEET TO A POIP�T OF COh1P0Ur�D CURVATURE THE RAOIAL
� BEARING OF '�IHICN EXTENOS N 18°21 ' S5" W 270. 00 FEET; TNENCE ALONG TNE ARC
�
OF THIS CURVE TO THE RIGHT THROUGH A CENTRAL ��1GLE OF 2b°49 '�b" AN ARC
OISTANCE OF 126. 43 FEET TO A POI��T OF 7A:�GE:�CY; THEPICE N Sl °32'09" W
105.25 FEET TO A POINT OF CURVATURE THE RADIAL BEARING OF kHICH EXTENOS
P� C8°21'S1 " E 270. 00 FEET; TNEt�CE ALOPaG TtiE :+�C GF TNIS CURVE TO TNE RIGHT
THROUGH A CENTRAL ANGI.E OF 3)°00'00" AW ARC DISTANCE OF 17�. 36 FEET TO
" THE TRUE POIr�7 OF BEG1NNIt�G.
SITUATE 1N SECTION 18, TO;�r�SHiP 23 raORTH, R�r�GE 5 EHST, W.h?. , CITY OF
RENTON, COUNTY OF �cItrG, STATE OF wASNIr�GTON.
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� � � ' + IEGA� DESCRIpTI�N - Pt�RCEL J — PHr��E 6
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COMMENC I t�C; A7 7NE SOUTNWES? CORNER 4F SECTIO�ri1 18, IOWNSN I P 23 N4RTN, R�t�GE
5 EAST, '�l.M. , KI"�6 COUHTY. 4�AS�i1NG70H; THENGE N ,44°25'22" E F4R A QISTANCF
OF 831 . 5A FEE7 TO R POI�T ON 7NE hOR?HERLY BOL'NOARY OF THE PACIFIC C4AS7
RAILROAD RIGHT-OF-WAY AS SHO'aN ON TNE MAIN LiNE R1GNT-Of-WAY A�1D TRACK MAP,
� FACiFIC COAST RAILROAD, SHEE7 5 0� ,11 . VOLUME Z - WASHINGTON, RECOROS OF
� TNE BURLINGTOi� NO�TNERN RAILROAD� SAiD POINT AL50 BEING ON 7NE SqllT}iERLY '
80UtJDARY Of THE PLAT OF EARLINGTON, R�CORDED IN VOLUME 14 0�' PIATS� PAGE 7
(A. F. -433749} , RECORDS �F KI?iG COUNTYM 1�ASNiNGTON; THENCE N 71°29' i2" W
�8a. 56 FEET TO T�iE ��UE �Oirx7 OF BEGir�t�iNG;
TNEt�CE N 18°27" 51 " E 91 . 75 FEET; TtiEt�CE N 41°2l'S1 " E 75.00 FEET; THENCE
o � �� a � ., F
N 18 27 51 E 130. 00 FEET; THEt�CF N 71 3
2 09 W 25.00 FEET TO A POINT 0
I�� CURVaTURE 7HE RADIAI B�.�RING 0� WNICH EXTENOS 5 1$�27'S1 " W 45.00 FEET;
1NEriCE ALOtiG TNE ARC OF TN.tS CURVE TO TNE i.E+�7 7HROUGH A CEN7RAL ANGLE OF
�I Q 33°33� 26�+ � t�1S�,�r�CE 0� 26_3b r"EcT TO A POtti7 OF R£VERSE CURVATUr�E jHE
� RAatAL f3EARI1vG OF WNICH EX,ENDS Ffi ZS°05'35" W 45.00 FEET; T�iENCE Al.OtiG T}iE
ARC C� THIS CURVE TO THE RI6HT TNROUGH A CEl�TRAL At�Gi.E 0� 89°46' l0" At�
�, � ARC DISTANCE Or 7Q. 54 FE�T; THENCE 5 74°4Q'35" 1� 88. 40 fEET SO A POfNT
�.� QF CURVATURE THE RADIAL SEAFtING OF WHICH EXTENQS N ]5°19'25" W 100.00
�•. FEEi'; THENCE Al.OP�G INE ARC OF TNIS CURVE TO THE RIGHI TNROUGH A GENTRr'�L
' � At,GLE OF 19"05' 27" AN ARC DISTANCE Of 33. 32 FEET, THENCE S 18°27'S1 " W
I � 232. �� FEET; TNENCE S 71 29 12 E 186.91 F�ET TO THE ?RUE PqINT OF
j BEGIfaNI��G.
I Si�u�TE IN SECTIOrJ 1�, TOWr�SHIP 23 NOR7H, RaNGE 4 EAST, w.M. . Ar�Q 1N �
� �ELTIt1t: 1$, TCi',�'i�SN1P 23 t�URTN, RHNGE 5 EAST, W.F1. , CITY dF RENTON, I�I�ru
� COI;P�TY , 'w;�SNi#tGTOti.
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COi���1��ICIt�G �i TNE SOUTN�IES7 CQRNER Or SECTION 18, TQWySHIP 23 trQP,TH, RANGE
5 E,�53 , W.M. , KItiu COU��TY, WASHINGTON; TNENCE N 44°25'22" E 1�OR A DIS7ANCE
OF 831 . 54 FEE� TO R �UI�Z3 Oti THE NORT}iERLY BOUNDARY OF THE PACIFIC COAST
Rr�ILRQkO RtG'riT-OF-WAY AS �NCWN ON TN£ MAIN LINE RIGHT-OF-WAY AND TRACK NL�P.
PAC�FIC CO�ST F,A3�RQA0, StiEET 5 OF 11 , VOl.t3ME 2 - �tRSNiP�GTON, RECOROS OF
TNE B�;RLiNG30tr' �#GkTHE�tF� RAILROAD, 5AID POINT ALSO BEING ON �NE SOUTNERLY
SOt1t�DARY OF IHE PLAT OF EARl.I�rGTOhE, RECORDED IN VOLUME 1A OF P1.ATS, PAGE �'
{A. F. =433749}, RECQRUS QF KIt�G COIiNTY, �1�stlI�tG70H; THENCE N 71 °29'12" W
611 . 53 FEET TQ It�E TRUE PClIN7 QF BEGIN�tING;
k TNE�tCE N l�°27'S� " E 232. 55 FEE7 70 A POINT ON A CURVE A7 ►JHICH FGINT THE
� � RADI;�L �EARING EXTENDS t� 03°4b'02" E 100.t30 FEET; 3H�NCE At�OFtG T1iE ARC OF
� T�IS Cl1RVE TO THE RIGh� TNROUGH A CENTRAL ANGLf OF 14°41 '49" AN ARC
�, � i11STANCF flF 25.65 fEET TQ A FOINT QF TANGENCY; THENCE M 7l°32'Q9" W 97.98
t�t FEET TO A �'QIt�S 4f� A CURVE THE RADIA�, $EARiNG Of WNICN EXTENDS N i8°27'51 " E
�`' S0,Q0 FEET; THEt10E ALOtJG THE ARC 4F THIS CURYE SO TNE RIGNT THROUGN A
! � CENTRAI. ANGLE OF 32°5l ' 36" FOR AN ARC DISTANCE OF 28.68 F�ET TO A PQINI OF �
� � REVERSE CURVATURE AT WH1CH POINT THE RADIAI BEARING EX7END5 S 51°19'27" W
� 50.00 FEET; THENCE ALONG THE ARC OF THIS CURYE TO ?HE LEFT TNROUGH A
CFNTRAL ANGLE OF 32°5t ` 36" F4R AN ARC DISTANCE OF 28. 68 FEE3 TO A POINT
• OF TAtiGENCY; TNEtiCE N 71°32'09" W 104.00 FEET; 7HENCE S 18°27'Si " W
2�15.04 fEE3; THEttCE S 71a29'12" E 28i .52 FEET TO THE TRUE POINT OF
����rcr�trr�.
S1�t1ATc Ii� SECTIOr� 13, TCW�tSNIP 23 t1QR7H, ftANGE 4 EAS�', W.M. , At�O IN
SECT I4l� 18. TQ:;",StiiP 23 �10RTH, RAtiGE 5 EASI W.M. , ClTY OF RE��TON,
� COU�Imi' OF KI�IG, ST�TE t�F I�ASHINGT�N
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Cor�M�NCJt�G AT TH£ S�U3N�EST CORt�fR OF SEC7i0N 1fi, 7D�t�S�iP 23 i��RTH. RAt�GE
5 EAST, i�.H. , KIN6 CQUl�IY , 3��St�ING70N; TNENCE N 4�°25'22" E FOR � D15TANCE
OF 831 . 54 FEET TQ A POlt�7 ON IiiE NOR�HERtY SQt1NC3ARY OF 7HE PACIFtC C��sT
, RAItROAD RIGi�T-O�-WAY AS Sk�OWN ON 7NE MAIN LINE RIGNT-OF-WAY ANp TRACK MfiP,
' PACI�IC COAS7 RAILROAD, SHEET 5 OF 1l , VOLUM� 2 - �(ASMINGTL�N. RECORDS Of
THE Bl1RtI,NGi'qt3 NORTH�RN RAILROA�, 5AI0 PQIt�T AL50 BEING ON THE SOU7NfRLY
BQtSNDARY �}f TNE PLAT OF EARL 1 t�GTON, RECOkDED I N VOLUME 1� OF PlATS. PAGE "�
{A.F. T43s749) . RECORDS 0� KING COU?iTY, WASHINGTOh; THENGE H 58°31 '31 " W
1092. 09 F�£7 TO TNE TRUE Pp 1 Ei� OF 8EG i Nta 1 NG;
0 7ttE��CE N 18°27' S1" E 291 .44 FEfT TQ A P4It�T Ot� � CURVE THE RADiAt BEkR1NG
� 0� ��►�iCN Ex7Et�D5 r� 14°i1 �21 �� E 1a82. 39 FEf�; TNEc:CE �+zC�aG T+�E ARC 4F T�IS
0"�
� CU�V� 70 THE LEr"T THRt�UGH 1, CFt�TR�L ANGtE �F 00"�5' 35" �ti ARC DIST�NC� Or.
, � 19.66 � E ET; TNErsCE S 13°25�4b�� � 20.00 FEET tQ A POl NF OF Cl.4RVATURE �iiE
� RA�fAt BE�.R}f1G OF WNiCH EXTENUS N i3°25fa6" E 1502.39 EIFt: It�CraCE Al.OstG
� ��E ARC Q� A Cu���E TQ 'iNE IEFT T�tROuG� A CEr�T�tAt I��GLE ai G1°�b�59�� AN
� F,RC DIST�t10E OF 244.49 F£ET; 7HENCE 5 71°32'09" E Zfi.9i }�EET; Tt;ENC�
� 5 18°2� � 51�� W 3Q0. 60 FEET: TNENC� S 5i°19'27�� W 14.00 FEET TO A POita1 Ot�
. A CURVE THE RARIAL 6EARIl�6 OF WNICH EXTEN�S S 5i°19'21" W 50.Q0 FEET;
, 7NLhiCE ALOtfiG TNE ARC OF TNIS CURYE TO THE LEFT TNROUGH A CEt�TRAL AtiGl.E C1r
` 32°5l ' 36" RN ARC DISTANCE OF 28. 68 FEE?; TE�ENCE N 71`32'09" 41 Z15.00 FEE3
'
TO TNE tRUE POtNT OF BEGINNIt�G.
SIiUATE IN SECTION l3, TOWNSHIP 25 f�iORI}f, R�NGE 4 EAS'+ , W.M. , CITY pF
� K�!rTOc1, COUNTY (}F KIi9G, STATE OF ��ASHIt�lGT03V.
�I
'i L��L DESCRIPTION - PARCEI 0 '
COMMENCiNG AT TNE SOUTNWEST CORNfR OF SECTION i8, iOWNSNIF 23 NORTFi, RANGr
5 EAST, w.M. . KING COur�7Y, WASHIr�GTOs�; THfNCE N 44°25'22�� E FQR A p15TAr�CE
' N R "R Y 84UNOARY 4F TNE PACI�IC GOAST
i Of 831 . 54 FEEI 1"q A PQIN7 ON 1'kiE 0 Ttic L
'i RAILROAO RIGHT-OF-�tAY AS SHOWN ON TtiE MAIN LINE RIGHT-0�'-I�AY AND TRACK MAP,
PACIfIC COAS7 RA1LRflAa, SHEE7 5 OF 11,, YOLUME 2 - WASNINGTON. RECORDS OF
i� THE 8URi.liiGTON NORTNERN RAIt�ROAD, SAIA POINT ALSO BEINC ON TiiE SOUTNERIY
� $QUiVDARY 4�' TlytE Pl.A7 OF EARLINGT'ON, RECOROFD IN YOLUME 14 OF PLATS� PAC�E 1
�� (A.F. �+4 33749) , RECORDS OF K 1 NG COUN7Y s 6+IASH INGIQ�2� THEWCE N 58°31 '31 " l�1
'�, 1092.09 FEET ?0 THE 7RUE POItiT OF BEGINNING;
�' TNENCE ti 76°58'02" � 268.33 FfET; THENCE S 14�00'00" i� 220.00 �EE1': TtiEtiCE
� S 7]'29`12" E 351 .00 FEET; 1'NEt10E N 1$°27'St" E Z45.'04 FEE7; T�iENCE
� N 71°32`09" w 111 .L14 FEET 70 THE TRUE POiNT OF BEG1hNING.
SITUATE iti SFCilON 13, 70�t�SNIP 23 NQRTH, RANGE 4 EASfi, W.M. , CIIY Of
RfNTOt�, COt3NTY OF KING, S7ATE OF WRSNINGTON. •
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�EGA� oESCRlPrIOrr — PARCEL L — FH�SE 9
COMMENCING AT 7NE SOU7NWEST COR'�ER 0� ScCTION 18, TCW�dSHIP 23 Nt}RTHy RAtsGE
� EAS7 � W.M. � KI P�IC� COUNTY, W�5l�!I t�G?ON; THEraCE N 44°25'G�Z"` E FOR A �}I SZ'ANCE
(3F $31 . 34 FtCT TO A POIt17 ON 1'NE ht6R7HERLY BOUIrOARY 4F Tl�I� PAGIFIC CQAST
' RAI�.ROAO R1GHT-O�i-WAY AS 5}iOWN ON THE MAIN LINE itIGHT-OF-WAY ANO TRACK MAP,
I` PACIFIC COAST �AIIRGAD, SHEET 5 Of 11 , VO�UME 2 - k'ASHINGTON, RECOROS OF
I � TNE BURLIl�G70N taQRTtiERN RAILROAO, SAID POINT AlSO 8EIN6 �N TNE SOUTHERLY
i � BOUt10ARY 4F TNE PLA7 OF EARl.Ir�GTO��, RECORDED Ir� VOLUME 14 OF PLATS. PAGE 7
i G� (A.F. �4337A9�. RECORDS QF KIt�G COUNTY, �1ASHIf�GTON; TNENCE N 39°5Q" 39" W
' C�3 6b4.43 FEE7;
� T�iENCE N 33°18��5" W 56.83 FEET; TN�r10E �� 18°27��1 �� E 1bfi.00 FEE7; Tt�Er�CE
C; o � �, � � �� � f T t`r 5 5i °19'27" W
N ll 32 09 W 244. 33 FEE7, TFiENCE S 18 27 51 W .,00.6Q EE?; HE CE
� F W H E N 51 °i9'21" E
14.00 FEE7 Tp A POiNT QF CURYATURE 7HE RADIAL aE�RING 0 HIC Ll S ,
� TQ THE l.EFT THRiJUGH A CENi'RAL
50.00 FEEI; TNEtJCE AL4NG TNE r1RC OF 7}�15 CURVE
' ° - ' " ' TnNC OF 28.68 FEET TO A PQI►VT OF TAt�GENCY; TNE�ICE
ANGtE OF 32 �1 36 Ah ARC DIS E
5 11°32�09" E 97,98 FEE7 i0 A POiri7 0� CuRYATURE TxE RADIA� BEaRtc�G 0�' wNiCH
' EXTE�iDS N i$°27' Si " E 1�0. 00 �'EET; T►�EriCE AI.OvG Tf�E ARC OF THIS CURVE TD 7t�E
LE�T T�ROUGN A CEP�TRAL hrrG1.E OF 33°a7� 16�� �,r1 a�C DiST�NCE Or 58,97 FEE7 70 �
Pt}I�{T OF TAt�GE1�CY; TtiEPJCE t1 74°40' 35" E 83.90 F EET TO A POIiJT ON A CURYE THE
RADIAL EiEARI+JG OF WHICH EXTElyQS N 74°40' 35" f 45.00 FEET; Ti-tENCE ALONG TNE
�-,�,�, ar�c�� o� 12°no� 30�� ati a�c
ARC OF TtiIS CURVE TO INE R1GHT TNROUGH A CEtr� L
DISTANCE G� 56. 5o F�E7 TO 7�i. iRuE PQIr�T OF BEGIct;�Ir�G.
SliUniE It�! 5ECiICPd 13, TO�JP15FiIP 23 NORTH, Rt,'��� ° EAST, W.t;. , A;�Q Itd SECTION
18, TQ'+�t�SH�P 23 ��ORTH, RRt�ut 5 E�ST , W.M, , CI7Y Gi RE,tiTON. COUN7Y OF KIfiG,
SIi,7E ur '�;ASNIt,GTQ��.
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5 E,�Si , n.M. , Ki'iJ C��U'�TY , '�:.S;iI��G7QF1; THE;JCE N 44°25'22" E �OR A �ISTA,�+;;t
OF 831 . 5� ���i �0 A �G i r�T ��a i xE i10RTHERi.Y BQUNDARY OF 7HE PAC IF I C CdAST
�,NI(..r�Cr10 Rit�'t-ii-���-'wr'+Y RS S�i�'+1�V 0`� TNE MAIiV LINE RIGHT-OF-'�JAY nND TRACK M�'+P ,
PnCiriC ','.�rSi �;:�i�r:��:,J, S�iEEi 5 Jr 11 , VOLUhtE 2 - W�i�;-iINCTON. RECOR�JS OF
' TF,E ��s�`I'+���:;; `;v�:'n�+�`1 �%����.�OAO, SRID POI��T �I.S� BEIiVG Ot� THE SOUTHERLY
E3C'v��viir"it�Y 0� T}iE P!r,T C� �,=+�1.I i1Ci i 0=t, RECCr20ED I i'� VOLUNI� i 4 OF PLRTS , PAGE 7
, tA. �'. -433;k9} , "�LC;?DS QF �:Ii�G C�t1P1TY, k'�+S�-tI��GTON; TNENCE N 39°50' 39" tv'
Q 66:. 43 r EET �'Q T�-'t� 'RUc PG i"�i OF BEGI��T�IP�G;
Q�5 Ttir;,�'� '1 s3'1�` 5�" W 50.83 FtET; iNEt�CE N 18°27'S1" E ,166.00 FEE7; iN�NCE
� 5 11 '32'�9" c 150.�0 FEET: i,��.NCE 5 18°Z�'S1" W b2.00 F�ET; TNENCE S 71 °32'09" E
�,`Z 8$.f20 FEtT; Ti-i£i�Cc S 18°2� ' S1 „ tti 38.40 �E��": TNENCE S 7i°32'09" E 37.00 FEE 1;
� TNE"vCE S l�°27' S1"' W 99. 00 FEE7; THENCE N �I`'32'09" W l6i .25 FEEi' i'0 r� POINi
�y OF CURVATURE TNE ��vIr�L atrnRlNG 0�` '�lHICii EXT�t10S N 18°27'S1 " E 45.00 FEET;
U_} INE;�CE ALG"1G 3}fL H�C, OF THIS CUR.YE TQ TEfE RIGHT TNROUGN A CENTRAL ANGL� OF ,
� 33°33'26" AP� ARG DIST�yCE GF 26.36 FEET TO A PQINT OF REVERSE CURVATURE THE
RAOIAL BEARIf{G QF 'tdHILF! EXTENOS S 52°41 ' 17" '�i 45.Q0 FEET; THENCE Al.QP�� THE
ARC Ofi TMIS �CU�VE IO 7�iE LEFT TtiROUGH A CE�ITRAL A�+GL.E 0� 85°20' ]2" AN ARC
oIS�araCE OF 67. 02 FEET TO THE TRUE POINT 0� BEGIP�PIING.
SiTUi+TE IN ScCT10:'� 13, TO'�it1SHIP 23 "IORTN, RAN6E 5 EAST, W.M. , C17Y OF RE�JTO�� ,
CGU�I.iY C3F KING, SirTE OF wi;SNINGTON.
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f�Ei�At_DES�RI P?I C'� - P�hCEL G - PHt�SE 11 , ,• ,
. • • -- • � � � •
. ' " ' CO"'�lENC1NG AT TN� SOUTNWEST CORNER OF S�CTION 18. TOidNSNIP 23 hORTH, RANGE
5 EAST, W.M. . KING COuNTY� wASHING70N; TNENCE N 40°25'Z2" E FOR A DISTANCE
OF 831 .54 FEET TO A PO1NT ON 7HE NORTNERLY BOUrlOARY OF ?NE PACIFIG COAST
r2r�ILROAD RIGHT-O�-W�Y AS Si�±OWN ON THE MAIN LINE RIGNT-OF-�JAY AND TRACK MAP,
PACIFIC COAST RA1LROhD, SNE�7 5 OF il , YOLUME 2 - WASHINGTON, REtORDS OF
THE SURLIraGTOr� t;OR;NEhN R�+ILROAO. SAIO POIP�T ALSO BEING ON THE SOU7NERLr
80UNGARY OF T4E PLAT OF EARLING70N, RECORDED IN UOLUME 14 OF PLATS, PAGE 7
(,�. F. =�33749) , RECORDS OF KING COUNTY� WASHINGTON; THENCE N 07°24'23" E
46�.07 FE�T TO THE TP.U< <�INT OF BEGINNING;
� THE:�CE N 71 °3? ' G�" W 13�. 00 FEET; THENCE N 23°45'28" W 127.96 FEET; THE�:�E
� N 71°32� 09�� w 1 ;c. 00 FFET; THEr10E S 18°27�51 �� w 62.fl0 FEET; THEhCE
� S 71 °32 '09" � 58. 00 FEET; THENCE S 18°27'S1 " w' 38.00 FEET; THENCE
n S 71°32 'G9" � 31. OG F��T; �HENCE S 18°27'S1 " W 99.00 FEET; TNENCt
n2 S 71 °32 '09" E 9�. 29 ftET TO M PO1NT OF CURVATURE THE RROIAL BErRING OF
� wH:CH EXT�t1DS N i8°27 ' �l " E 270.00 FEE7; THENCE ALONG THE ARC OF THIS
O
c`� CUr�VE TO 1HE LEFT THROUGH A CFNiRAL ANGLE OF Z1 °00'00" �iJ ARC DIS7ANCc OF
� 98. 96 FEET TO A POINT OF 7AlaGENCY; THENCE N 87°27'S1 " E 38.50 FEET TO A
POINT OF CURV�TUR� TH� P.�G;n� PO1NT OF w►�ICH EX7ENDS N 02°32�09�� w 20.00
FELS; TH�t;CE �+LCi�G TNE �R� OF THIS CURVE TO TNE LEFT iHROUGH h CEirTF'tAL
AhGLE Or 81 `'�7' 12" AN ,=�P.0 DIS7r.tiCE OF 28. 55 FEET TO A POINT Of REVERS�
CU2VA7UR� in� RAGIAL Sc�Ri��G OF WHICH EXTENUS 5 84°19' 21" E 330.00 FEET;
THcNCE i-�LOt�G TN� �1RC OF iN.S CURVE TO THE RIGH7 THROUGH A C��iTRAL rt:GLE
GF 08°40'�2" n�i r+RC DIST:;�iCE OF 50. 00 FtET TO 7HE TRUC PO1NT 0� BEG:irirING.
SITUAT� iN S:;ETIO1r lE, iuri�SHIP 23 ��OR7H, RAiiGE 5 EAS7, V�'.M. , CITY 0�
�rr;TON , CC����Y 0� KIt��, S�tiT� GF b:�SH1NGTQN.
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� COM�lENC1NG AI 7NE SOUTHWEST C4RNER. 4�' SEC7ION 18, 70WNSNIP 23 NORTN, R�NGE
� � 5 EAST, W.M. , KING C4Ur�I1r, WASHINGTON; T�l�t�CE N 44°25'22" E FQR A DISTANCE
� OF E31 .5Q FEE7 TC A PUINT Qh INE ��ORT►!ERlY B4UNDARY OF TtiE PACIfIC COAST
C�2 RAILROAD RIGHt-OF-�1AY AS SHOWt� QN TkE MAIN LINE RIGFlT-O�-WAY ANO TRF�CK MAP,
� PACIFIC COAST RAI�ROAD, SHEE7 5 OF ]] , YOLUME 2 - WASHINCTO�I, RECORQS �f
M THE BU�LIt�GTOtJ NORTHERPl RAIlROAD, 5AID POINT ALSO 9EING ON 7HE SOUTHERLY
� SOUt�DARY OF THE PI.AT OF EARLINGTON, RECOROEO IN VOLJME 14 OF PLATS, PAGE 7
, (A. F, �433i4�) , RECORDS Of KIr�G CO'JNTY, WHSHINGTON; 7NENCF N 07°24`23" E
404.07 FEET 70 THE TRUc POIt�7 OF BEGINNI��G; ,
TNEtrCE N 11°32'09" �t i 35. 00 FEET; TliEl�CE N 2s°45'28" W 127.�6 F EET; THENCE
N 1 E°27'Sl " E 2Q2. 13 FEET; TNENCE N E8°27'35° E 127.71 FEEI ; i riE'�Ci.
S i8°27'51" ;�l 99. 82 FEET ; THEraCE S 71 `39'09'" E 40.00 FEET; Tt;E;�Gc
h� 1$°27`51 " E 114. 38 FEET; TH<<�CE 1'a ,r',�°27' 35" E E0. 56 ��ET TO A POI�iT
ON A Cl1RV: 7HE RAuI�L BEr�RIiru �%� ki-ilt;N tX�'E'+OS N O1°32'25" k' 1C8'. ��a FEET;
T�i�.�.tf4E AL^ui;� i n� h2C GF i HIS :.��:':c �� 7�c LEFT ThnUUGi�i � C��rTRiyl. ;,;��Lt OF
, 0�°�;�'24" �tr Nr�,C DISir'�i��L 0� ?3. �� F�E7 TO A PDIt�7 Or RFVERSE CtikV:,aURt TN�
' r"cr.[}InL $Enr:ItvG OF 'r1FfIC;-{ EXi�i��� S C�°2� 'r+'o" E 30.00 F�E�� T'tiEtiCE �LOi�u Ti-iL
F+r�C Ot TNIS C;.l�'wE TO TN� r�.iG�7 TrF.��G'ri n C�i1Tt2AL �+iiG�� OF 11C°S5 '�0" F;:
' �F,C DI STA"�C�' OF 58.G$ F��7 TO �+ P�a?yT Cn i'i+tr'GEI�CY; t tiE��Cc S 1G°27'�l " i� .
' 12,07 FEET TQ x POit�; Q� CUR�"nTt.i�r T;-'sr �tnC�IAI BEARI?��; GF W'riICN EXTct+OS
N �1 °34'Q9" W 37Q. 00 rLET; THElJC� A��iitiG Th� ARC OF TNIS CllRY� TO THE
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TNENCE S '32°57' S1 " W 150.O1 FEET TO A PO1HT QF CURVATURE THE RAGIAL B��RING
OF WHICH EXTEf105 S 57°Q''09" E 330.00 FE�T; THENCf ALQNG 7HE ARC OF TNIS �
GuRVE TO THE �EF7 THROUGN A Ccr;;R�L ;tdG?.E OF 18"36'2C" AN ARC DISTA;:C� O�F
�, 107. 1b FcET TO �NE TRU� POI�:T OF 6EG1tY�;I';G.
I� 5ITUATE IN 5�CiI0N 18, TO�rr�S�iP 23 t�OR3�, nh��GE 5 E�ST, W.M. , CiTY 0�
I RENTO�I. COUNT Y OF KI N6, STr�SF. OF i�ASN1 fiG7Gt�.
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TKE 3URL 1l�GTQP� t,��TNE�N i�;ILRO�+D, 5AI0 POIt:T A�S� Bf ING Ofi Ts�� S�UTN��'LY
BOU"a;ARY OF TNE PI�tiT OF E�RLIt;u70�t, RLCORDED IN YOI.l.'ME 14 OF PLATS, f'nGE 7
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O 5�7. 09 �EcT TO THF TRJE PC1��7 OF Bc�;;�'.;t;u;
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�, OF '�SNICi-! EYTE;IGS N �7°02' 09" 1� 430.{�0 FEfS; IHE;iC� AL�t�lG 7HE ARC 0� i'iIS
t`i CURVE IO TiiE �zr i TN,ROUuH � CEtti?R�',�. AtwGLE 4F 14°3Q'GC" AN ARC DISTnt�C� Or
� 108. 82 �EET T� A PQIN7 OF 7ANGENCI'; THEtJCE N ]8°L1' �1 " E 52.90 f EE7 TG A
� PO:N7 OF CUF�VATUR� TNE RADiAL BEARIt1u OF WkiICH EXTENOS S 71°32 '09" � 3Q.00
� FEET; THE��CE �LOr�G THE �RC OF TN15 Cu�v� TO THE R1GH7 Tt�ROUGH A CEr,TR,�L
ArrGLE Or 64°17� 58�� AN A�C OISTANCE OF 33.57 FEET TO A POINT ON A CURVE T�tE
RACIAL t3EAr�ING OF WNICN EXTENOS N 07°14' 10" W 1Q92. 39 FEET; THENCE �LONG
TNE r+RC OF THIS CURVE TO 7NE IE�T TN�OUGN A CENTicAL Ai�GLE OF 03°:.6`46"
�,N ARC G3ST�,?r`CE OF 102. 7$ FEET TO n �Q1t'iT OF NONTANGE��CY; THEt�CE 5 18J27'S1 " W
2Q1 . 3i FEET; T�EN�E � 09°2�'2a" � 89. 35 FEET; THENCE S 4�°27'S1 " w 1J5.17
FEET; IFi�'�tCc S �5°27'ST " W �0.00 �EET; TFi£NC� N �9°OS'02" W 69.73 FEET
Z'0 A PGIt�iT Os�l A Cl3RYE IN� !'21'i1)�Al $EARIi�tG OF L+iliIC3� EXTENOS S 79efl5'02" E
21fl.00 �E�T; Il1EF�CE 1�i0NG T}#E ARC �F i'H I S CURYE i'0 TNE R 1 GH7 TNROUGN A
CENTRnL ANL�.� QF 22°02'S3" AIy ARC DISTANCE C�f �03.9Q FEfT TO THE TRU�'
POINT OF ?E�3INt�llVG.
SI iUr�E IN SECTIOtJ 16, TpWrrSNIp 23 N�?R7H, RANGE 5 EAST, W.M. , GITY GF
REtr'Tu��, COi1�rTY OF KING, STA7E OF WASHINGTCN.
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5 EM.Si� '�t.M. , KI��G i.�U��iY, w�S�=IS`r'v't�'�; 3rzPJCE N 4'4°25`22" E FOR �i DiSTi,i�C�
OF 831 . 54 FEET TD A POI��T �'; iNE NCr��HERLY B�JiJ��DARr OF 3NE PACIFIC C�AST
R,"1I�ROiiD �?IGt�fT-OF-wAY �5 SNt��i� �ii T't-iE N`��i�t LINE RIGHT-G�-WAY A��D 7RACK tfwP,
P�CIFIC C^v;;�T F`t�+IiRCA�, SN�E� 5 �t 11 , 'JOLt3ME 2 - �iA�SNi��GTCN, REi.C}��S OF
TnE �uRLIr�GTOr, �:GRTt?c�"� �;;:�.�Ln�;, S�,lv �Oit�7 ALSQ 6EItiG OI� iNE S�t1THE�LY
GOu';u.ARY �� i!�E �!.AT G* EA�i I'�G''0"�, �cCGRD��J IN V41Uf4!E l4 0� PL�TJ, gA�i. 7
(A. r". xu3.i749} , RGC�i�QS 4F t;I"+G CO���TY , WASu1NGTDN; 7NENCE t+i 71°14, }2" �
� 131� .05 �Ei7 Tp Tr!�' 7RUE r•Oiraa GF 5�G,t►�,Ic;,;
� THE�v�E it 7i °29' i2" W 91 . 3;.' tc.�+ �0 ;, r0i'�i QF CURVATURE TiiE RAlli�+L BL�1F�ii;C�
C Of ri�t�!�! EXiE"rtDS f�i 1�� :u'-:�" � 90'�. 3"t �E�T : 3N�f�CE AlOi�G TNE i+RC OF THIS �
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C�5 POIi�i7 OF CUnU:�TURE TNE RADIr�L Bt+RIfaG QF WHICN EXTEtrQS S 52°24'4$" ►� 1255. 30
� FEtT; THE':Ct ALQNG 7HE �.�C OF TH;S CURVE TO THE L�FT TNROUGN k CEN7RAL AitiGLE
OF 1�°27'49�� ar1 A�C DI S�AP�CE 0� 341 .44 FE�T�; THENCE S 75°16'31 �� E 1103.52
FEET; 7HENCi 5 14°00' 00" '�! 5�+1 . 17 FEEi i0 THE TRU£ POIN� 0� BEGI�r'NING.
SiTUAi'E 1i'� SECT1dN 13, TO��t�SFiIr' �3 t;ORTH, Rht�GE 4 EAST, W.M. , CITY OF
REiiTON, COUt�TY OF KIfiaG, S1Ai� OF' WM$i-iItJGTON.
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�.�GnL DESCRI PT I ON • PARC�L P! - PHASE 14
C0;•„�Er�CIrrG AT 7NE SOU1��;;EST CORr�ER Of SEGT10r� 18, t0�JN5NIP 23 IiORTH, RANGE
5 EAs7 , w.M. , K1NG COUi�7Y, wASt�inGTON; 3N�r�CE N aa°25 �22�� E �OR A �ISTAxCE
C1F 831 . 54 F EET TO A POI riT ON THE N4RIHERl.Y BOUNDARY Q� THF PAC i F 1 C CDAST
RMILRQAO RIGHT-(3�-WAY AS SNOWN ON 7NE MAIN L1NE RIGHT-4F-WAY AiiO i'RACK i�P,
� �'rCIF'IC C4A57 RAILRQ�,D, SHEET 5 OF 1t � yGLUME 2 - WASHIt�GTQ�l, RECORpS OF
� TN� BURLIt�GI'ON NQRTNERf� RAILROAD. SAIO P�INT �LSO BEING Ot� "iNE SOUI'kERLY
� BOUNOARY OF TNE PLAT OF EARl.1NG7QN. RECpRpED IH vOtuME la 0� P�.A?5. PAGF 7
� (A. F. �433�49j, RECORDS t3� KING C{IUNTY, �lASFlINGTQN; THENCE N a8°31 '31" W
� 1C92. 09 �tET TO THE 3RUE POItiT Of BEGInNING;
c"� Itt�NCE !t 16°SS'OZ" u 258.33 FEET; iNENCE N 14°00`OQ" F 321 .17 FEfT: THE�ICE
� S 75°16' 31" E 18.01 FEET TO A POINT ON A CIiRVE TNE RADIAL B£ARIt2G OF uNJCN
�XTENpS N 24°48`08" E 1482. 39 FEET; 7HENCE AIqNG 7HE ARC OF SAIU C1lRVE TQ
TNE LEFT tNROUGH A CEtr'TRAl. AH6LE 4F 10°35'q7" Mf ARC OISTANCE 0� 274.54
FEET f0 A NOtiTANGENi POIN7; I!�lENCE �S 1$°27"51" u 29i .04 FEET i'0 SHF tRUE
PQINT Of BEGItiN1NG.
SITUATE It�-'SEG7ION l3. 7Q�tiSNIR 23 tiORTN. RANGE 4 EAS?, W.M. , C1IY qF �
RENTCN, COUNTY QF KING, STATf OF uASNiNGTON.
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EX}IT�3I'!' "B" - SUNPOINTE, A CONDOMINIUt1 (PHASE T ONLY)
- �74 /28 82 •
. Parking Approx.
• , Bldg. Apt. Stall Apt. No.of Square P�rcentage
Address No. No. No. Type Rooms Faota�e Value__ Interest
� 611 S.W. Sth Co�irt, ��A-11, RenLon, Washington A 11 56 2A 4 938 $31,770 1.4656�
ti11 S.W. 5th Court, ��A-12, Renton, Washington A 12 43 3A 5 1134 $35,970 1.6594%
till �.W. 5ttt Court, ��A-13, Renton, Washington A 13 44 3A 5 1134 $35,97() 1.6594°�
611 S.W. 5th Court, ��A-14, Renton, Washington A 14 47 'lA 4 938 $31,770 1.4656°�
G11 S.W. Sth Court, 1�A-15, Renton, Washington A 15 48 2A �► y38 $31,770 1.4656°�
bll S.W. 5th Court, ��A-16, Renton, Washington A lti 45 3A 5 1134 $35,970 1.6594�
611 S.W. 5th Court, ��A-17, Renton, Washington A l7 85 3A S 1134 $35,97U 1.6594°,�
611 S.W. 5th Court, ��A-18, ReiiL-on, Washington A 18 46 2A 4 938 $31,77U 1.4u5b°,�
611 S.W. 5th Court, ��A-21, Renton, Wastiington A 21 60 2A 4 938 $31,77U 1.4656°�
611 S.W. 5th Court, ��A-22, Renton, Washington A 22 57 3A 5 1134 $35,970 1.6594°�
611 S.W. 5th Court, ��A-23, Renton, Washington A 23 58 3A 5 1134 $35,970 1.6594°�
bll S.W. 5th Court, ��A-24, Renton, Washington A 24 59 2A 4 938 $31,77U 1.4656°�
611 S.W. 5th Court, ��A-25, Henton, Washington A `L5 82 2A 4 938 $31,770 1.4656°�
611 S.W. 5th Court, ��A-26, Itenton, Washington A 2n 86 3A S 1134 $35,y70 1.6594°�
611 S.W. 5th Court, ��A-27, Renton, Washington A 27 96 3A 5 ]134 $35,970 l.ri594°,�
611 S.W. 5th Court, �fA-28, Renton, Washington A `L8 83 2A 4 �38 $31,77U 1.4656%
611 S.W. 5th Court, ��A-31, Renton, Washington A 31 39 2A 4 938 $3] ,77U 1 .4b56°�
� ' '� 42 3A 5 1134 $35 970 1.6594°�,
WdS�lllt ton A 3.. �
bll S.W. 5tti Cc,ur-t, 1�A-32, Renton, g _
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61.1 S.W. 5th Court, ��A-33, Renton, Washington A 33 41 3A 5 11'34 $3�,970 l.ti5)4/�
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4 y38 31 77U 1.46_, ,�
bll S.W. 5th t,ourt, {�A-34, Renton, Wasliicigton A :34 4U 2A �
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611 S.W. 5tti Court., ��A-35, Rentan, Washington A 35 99 2A 4 y38 $31.,77U 1.4656%
611 5.4J. 5tli Court, ��A-36, Renton, Washington A 36 98 3A 5 1134 $35,970 1.65y1+°,6
61.1 S.W. 5lti Court, �A-31, Rer�ton, Washington A 37 �7 3A 5 1134 $35,970 1.b5�4"�
611 S.W. 5th Coi►rt, ��A-38, Renton, Washington A 3ti . 100 2A 4 938 $31,770 1.4656°�
611 S.W. 5th Court, ��A-41, Renton, Washiugton A 41 35 'ZA 4 J38 $31 ,770 l.i►656%
F,11 S.W. Sth Court, ��A-42, 1tenCon, Washington A 42 37 3A 5 1134 $3`�i,970 1 .b594%
611 S.FI. Sth Court, ��A-43, Renton, Washington A 4`i 38 3A 5 1134 $;35,97U l .ti594°h
611 S.W. 5tli Court, ��A-44, Itenton, Wastiiiigtun A 44 3b 2A 4 938 $31 ,77() 1.4b`,o'%
� 611 S.W. 5th Court, !�A-45, Reriton, Wastiingtoci A 45 li)3 2A 4 938 $31_,770 1 .4656`/„
hll S.W. 5lh Coi�rt, ��A-46, itenton, LJasliiiigton A 4Ei 104 3A 5 11"34 $35,970 l.ii594%',
. G11 S.W. 5th Court, !tA-47, Renton, Wasliington A 47 101 3A 5 1134 $35,97U 1.6594°�
bll S.W. 5tti Cu�irt, ��A-48, Renton, 4lastiington A 48 10'L 2A 4 �38 $31,770 1.4656°,�
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E�HI�Ii "B" - SUNPOINTE A CONDOMINIUPI (PHASE I ONLY) (CONTINU�D}
�0�782
Parking Approx.
' B]dg. Apt. Stall Apt. No.of Square Percentage
' Address No. No. No. Type }2uoms Foola�e Value Interest
701 S.W. Sth Court, ��B-11, Renton, Washington B 11 80 2A 4 938 $31,770 1.4656�
' 701 S.W. 5th Court, ��8-12, Renton, Washington t3 12 81 3A 5 1134 $35,970 1.6594°�
701 S.W. Sth Court, ��B-13, Renton, Washington B 1.3 28 3A 5 ll34 $35,�10 1.6594°�,
701 S.W. 5th Court, ��B-14, Renton, Washington B 14 'L'3 2A G 938 $31,77(1 1.4656°,�
7U1 S.W. 5tt► Court, �1�$-15, ltenton, Washingtun B 1S 49 2A 4 938 $31,770 1.4656%,
7U1 S.W. 5th Cc,urt, ��B-16, Renton, Washington B 16 69 3A 5 1134 $35,970 1.6594%
701 S.W. 5th Court, ��B-17, Reriton, Washington B 17 95 3A 5 1134 $35,970 l.Ei594°,�
7U1 S.W. 5th Court, ��B-18, Renton, Washington B 18 94 2A 4 938 $31,77U 1.4656%
701 S.W. 5th Court, ��B-21, Reriton, Washington B 21 70 2A 4 �38 $31,7)0 1.4656°,�
701 S.W. 5th Court, ��B-22, Renton, Washington B 22 50 3A 5 1.134 $35,97U 1.6594°�
701 S.W. 5th Court, ��B-23, Renton, Washington B 23 30 3A 5 1134 $35,97Q 1.6594°,�
701 S.W. 5th Court, ��B-24, Renton, Washington B 24 31 2A 4 938 $31,770 1.4656°�
701 S.W. 5tt► Court, ��B-25, Renton, Washington B 'L5 3`L 2A 4 938 $31,770 1.�+656`�,
701 S.W. 5th CQurt, ��B-26, Rent�n, Washington B 26 87 3A 5 11_34 $35,970 1.65�34°�
701 S.W. Sth Court, ��B-27, Renton, Washington B 21 93 3A 5 1134 $35,970 1.6594°,�
101 S.W. 5th Court, ��B-28, Renton, Wastiiiigton 13 28 71 2A 4 938 $31 ,770 1.4656%
701 S.W. 5th Court, ��B-31, Rec�tori, Wastiington B 3l 79 2A 4 338 $31,770 1.4656%
7U1 S.W. 5th Court, ��B-32, Renton, Washington B 32 72 3A 5 1134 $35,�70 l.ti59!+%
701 S.W. 5th Court, ��8-33, Renton, Washiugton B 33 33 3A 5 1134 �35,970 1.6594%
7U1 S.W. 5�h Court, !��-34, Renton, Washington B 34 34 2A 4 938 $:;1,710 1.4656%
701 S.W. 5th Court, ��B-35, Renton, Washington 13 35 14 2A 4 938 $31,770 1.4656%
701 S.W. 5tti Court, ��B-36, Kenton, Washington B 36 89 3A 5 1134 $35,��70 1.6594%,
701 S.W. 5th Court, {�B-37, Renton, Washington B 37 86 3A 5 1134 $35,970 l .ti594%
701 S.W. 5th Court, ��B-38, Renton, Wastiington B 38 73 2A 4 938 $37.,770 1.4656%
701 S.W. 5th Cuurt, ��B-41, Renton, Wast�ington B � 41 77 2A 4 938 $31,770 ] .4656%
701 S.W. S�h Court, ��B-42, Renton, Washington B 42 78 3A 5 ll34 $35,970 1.65��4%
7G1 S.W. 5th Court, ��B-43, Renton, Washington B 43 75 3A 5 1134 $35,970 1.6594°,6
701 S.W. 5tli Court, ��B-44, Itenton, Washingtoii B 44 76 2A 4 938 $31,770 1.465ti%
� 701 S.W. 5th Court, ��B-45, Renton, Washington B 45 91 2A 4 938 $31,77U 1.4656%
' 701 S.W. 5th Court, ��B-46, Renton, Washicigton [3 46 9U 3A 5 1134 $35,�170 1.6594%
701 S.W. 5th Court, �1�B-47, Renton, Wastiington B 47 88 3A 5 1134 $35 ,970 1.6594%
' 701 S.W. 5th Court, ��B-48, Reuton, Wasliington B 48 42 2A 4 �38 $31 ,770 1.4656°w
' ,1'i1'PAI. (1'HASE I ONI.Y) $2,lti7 ,68U 100"/0
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� REVISED: - ' r d"
DECLARATION OF
COVENANTS , CONDITIONS AND RESTRICTIONS
SUNPOINTE, A CONDOMINIUM
CF/CHG ASSOCIATES, a Washington Joint Venture Partnership,
referred to in these Covenants as "Declarant" , being the owner of
all of the property described as Phases 1 through 15 (Parcels "A"
through "P" ) on Exhibit "A" attached hereto, hereby declares that
said property shall be held, transferred, sold, conveyed and
p occupied sub�ect to the covenants, restrictions, easements,
� charges and liens hereinafter set forth, all of which will run
o with the propert� and shall be binding upon all parties having or
o acquiring any right, title or interest in the property or any
� part thereof, and shall inure to the benefit of each owner
o thereof.
r�
� ARTICLE I
Definitions
When used in this instrument (unless the context otherwise
requires ) :
A. "Common Facilities" means the private roads, sidewalks,
recreational facilities, and utility and drainage lines as orig-
inally ,constructed on the Properties, or reconstructed in accord-
ance with original, plans and specifications. The location of the
roads and recr.eational facilities is shown on the Condominium
Plan and Survey Ma� of "Sunpointe, A Condominium" , to be filed
contemporaneously with these Covenants.
B. "Properties" means the propert described on Exhibit
"A" attached hereto. Phase I (Parcel "I"� is to be subj ected to
the Horizontal Property Regimes Act of the State of Washington
contemp oraneously with the filing of these Covenants . Phases 2
through 15 (Parcels "A-H" and "J-P" ) may be added to said condo-
minium at some future date .
C. "Owner" means the record owner, whether one or more
persons or entities, of the fee simple. title to any part of the
Properties. This includes, without being limited to, each owner
of an apartment in Sunpointe, A Condominium.
D. "Mortgage" shall include "Deed of Trust" .
E. The singular includes the plural, the masculine in-
cludes the feminine and the neuter, and vice versa.
F. "Associatior," means the Association of apartment owners
of Sunpointe, A Condominium.
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ARTICLE II
Use of Common Facilities
Each Owner, for himself, his family, tenants and invitees,
shall have a nonexclusive right and easement of enjoyment in and
to the Common Facilities for the purposes for which said facili-
ties are constructed. Without limitation of the foregoinc�, each
o Owner shall have a right of ingress to and e gress from his pro-
� perty and the recreational facilities over and across the private
v� roads and sidewalks of the , properties . In no event shall such
� easement interfere with parking rights of any Owner.
oThe said easement shall be ,appurtenant to and pass with each
� and every portion of the Propertles, subject to the following:
00
A. The right of the Association to suspend the right to
use of the recreational facilities for nonpayment of assessments,
as provided for in Paragraph 13(e) (ii) of the Condominium Decla-
ration of Sunpointe, A Condominium. The Association shall have a
similar right to suspend, owners of Phases 2 through 15, their
families, tenants and invitees, from the use of the recreational
facilities so long , as said owners are delinquent . in paXment of
their share of maintenance costs provided for in Article III
below.
B. The right of the Association to suspend the right to
the use of the recreational facilities
, for a period not to exceed
Sixty (60) days for any infraction of its �ublished rules and
regulations pertaining to the recreational facilities.
C. If any, parcel of the pro�erties is improved by the con-
struction of bulldings and is , principally used for any purpose
other than residential, the ric�ht and easement of the Owner of
that �arcel to use the recreational facilities shall terminate.
The r h
lg t and easement of enjo ent in and to the other Common
Ym
Facilities shall continue.
ARTICLE III
Cost of Maintaining Common Facilities
The Owners a gree to share the cost of operation, mainten-
ance, repair, replacement and improvement of the Common Facili-
ties in the following manner:
A. Until any buildings are occupied in Phases 2 through
15, the owners of those phases shall not be liable for such costs
and the owners of Phase 1 shall be fully liable for such costs .
The owners of Phases 2 through 15, respectively, shall be liable
for their share of such costs from the time a certificate of
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occupancy= has been issued for a building in such phase, and that
building is actually accupied.
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B. The t3wner shall share costs as follows: j
(1 } Except as set forth belaw, the owners af each par-
cel or phase sha�l share in the costs described above in the same
ratio which the stated va3ue far that phase bears to the stated
value of all phases in which �.here has been a building campleted
and occupied. The stated value for each phase is as follows:
Phase 1 ______________ $ 3, 612,8Q0,40
806 400. 00
a Fhase 3 -------------- $ I, 806,40� . OQ
� Phase 4 ______________ 1, 8�b,400.00
C' Phase 5 ------- 1, 8�G,40� .U0
tptit Phase 6 ______________ 1, 806,40a.00
i` Phase ? --_____--- 1,8Q6,4�4.40
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� Phase 8 - 15 ---_---_- 12, OOQ, 404.00
co
Declarant has not, at present, allocated the $12, OOQ, 004. 00
total stated values for Phases 8 through 15 among those phases . .
At or befare the time anX of the owners of Ph:ases 8 through 15
become liable for a port�.on of the C05tS described above, said
owners sha11 record an amendment ta this Declaration allocating
the total stated value among the phases. The owners of Phases 8
through 15 may record that amendment withaut the consent of the
owners of property in other phases.
{2 � If any phase or parcel is not used principally for
residential purposesr the Owners of that parcel ar phase , shall
not share any costs relating to the recreational facilities.
Such casts shall be borne by the 4wners of r�sidential phases in
the same ratio which the stated value for that phase bears ta the
stated value af all phases , in which a residential building has
been completed and occupzed. The costs relating to nan-
recreational Common Facilit�es shall be shared by all Owners of
all phases in which any ,building {residential or non-residential ) �
is completed and occupzed. Each owner shall share in the non-
recreational costs in the same ratio which the stated value for
that �hase bears ta the stated value af all phases in which a
building (residential or nan-residential} has been comple�.ed and
occupied.
C. From and after the time that any particular phase shall
be liable f�r its share of the above referenced costs and �xpen-
ses the following provisians shall apply:
(1 } As to Phase l, such share of costs shall be �art
of the assessments provided for and controlled by the provisions
of Paragraph 13 of the Condominium Declaratian,
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(2 ) As to Phases 2 through 15 such share of costs
shall be a charge and lien on the property of the party liable
and also the personal obligation of the party who is the owner of
the property at the time the costs were incurred. Such charge
and lien may be collected and enforced by the Association in the
same manner as assessments are collected and enforced under Par-
agraph 13 of the Condominium Declaration. The lien provided for
in this Subparagraph B shall be subordinated to the lien of any
mortgage or mortgages on the property.
O ARTICLE IV
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� Decisions
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� All decisions with respect to the operation, maintenance,
o repair , or replacement and improvement of the Common Facilities,
� including, but not limited to, the establishment and enforcement
of reasonable rules and regu lations for the use of such facili-
ties, shall be made by the Association. Owners of Phases 2
through 15 shall be consulted on major decisions, but shall have
no vote in the matter unless what is proposed would radicallp
alter the rights granted under this instrument. In the event of
any dispute under this instrument, the matter shall be settled by
arbitration in accordance with the rules of the American Arbitra-
tion Association and judgment upon the award rendered bX the
arbitrator may be , entered in any court having jurisdiction
thereof. The prevailing party in any such dispute shall be en-
titled to its reasonable attorney fees.
ARTICLE V �
Binding Effect
These covenants and restrictions shall run with and bind the
land, and shall inure to the benefit of and be enforceable by any
of the Owners, or by the Association. This agreement shall ter-
minate if and when all of the properties are added to Sunpointe,
A Condominium. If any of the properties are not so added, these �
covenants and restrictions shall have a perpetual term.
IN WITNESS WHEREOF, the undersigned have executed this in-
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strument this i ���` day of . �o c1u r 19� �
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CFjCHG,ASSOCIATES,
a Wash�.nc3t.on J�int Venture Partnership,
composed of CHG INTERNATIONAL, INC. ,
a Washington corporation, and
CADILLAC FAIRVIEW/WASHINGT4N, INC. ,
a Washing�.on corporation
p By: CHG INTERNATIONAL, INC. f
� a Washington corporation
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o $y: -- _
c� res�. en
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� STATE C?F WASHINGTON �
) ss.
C4UNTY OF KING )
jOn this �� day of �a►��ar , 19 � , before
me ersonally appeared CL , o me known'�o be the
� President af CHG INTERNATIaNAL, 'INC. , a Washington carparation,
� which corporation is autharized to sign this instrument on behalf
� of CFjCHG ASSOCIA�ES, a Washington Jo�nt Venture Partnership, and
I acknowledged the said instrument to be the free and voluntary act
and deed of said Partnership, for the uses and purgoses therein
� mentioned, and on oath stated that he was authorized to execute
I said instrument for and on behalf of said Partnership and on be-
half of CHG INTERNATIONAL, INC. and CADILLAC FAIRVIEW/WASHINGTON,
� INC. , a Washingtan carporation. .
1
� IN WITNESS WHERE4F, I have hereunto set mX hand and�;a�fzxed
� my official seal the day and year first abave wrltten. : • '::
ia. r — � e � `.
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I ,� t,�, � ., J'�,'�y 'a'� '. t�7 .
\,�1.? t "� n
�� in an , �r' � � ;�
, Stat� of Washingtoi�.,•.'�esi�dY'ng;.
' at UY Q.1��'� j�...�-�'1 ,.-
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CONSENT BY BENEFICIAR.Y
, as Beneficiary
unaer a ee a rus a e , 19 , recorded
, 19 , un er Coun�',Recei.ving
o, , �F'i"ereby consen�'s"�Fia��Fi'e forega�ng Decla-
ration o ovenan s, onditions and Restrictions maX be recorded
and become binding upon t�he property described on Exhibit "A" .
� DATED this day of , 19
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�, a as ing on carpora zc�n
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Title:
STATE OF WASHINGTON ) '
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catrN2Y oF )
', On this day of , 19 , before I
me personally appeared � t° j
' me knawn to be �.he o the
corgoration that execu e e w� zn an oregoing zns rument, f
and acknowledged the said instrument to be the free and voluntary i
act and deed of said corparation, for the uses and purposes
therein mentioned, and on oath stated that he was authorized to �
execute said instrument and that the seal affixed is the co=par-
ate seal of said carporatian.
IN V�ITNE5S WHEREOF, I have hereunto set mX hand and affixed I
', my official seal the day an�. year first above wrztten. �
I
� in an or e a e I
af Washington, Residing at �
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BY-L�I�S
QF
SUNPQINTE CQNDOMINIUI�1 ASSOCIATIC?N
ARTICLE I
Appiicability; Definitions; Location
SECTIGN I. A��lcabilzty. These By-Laws are adopted for
the administratior� e�� the Associatian and Prc�perty described in
I that cer�azn Cor��ominium Declaratian �the "Declaration" } recorded
� King County Auditor' s Fee Na.
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� SECTI�N 2 . Definitic�ns, The terms used in t.hese By-Laws
a shall have the same meaning as in the Declaration, unless other-
� wise indicated.
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� SECTI4N 3 . Location. The ini.tial office of the Assaciation
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� shali be located at 200 South 333rd, Federal Way, Washingtan, 98003 .
ARTICLE II
Board of DirPctars
SECTIvN 1. Number and Term. The affairs of the association
i, shall be :nGnaged by a Board ot Directors . The number of Directors
whlc:� shall constitute the whole Baard sha1.I be three (3 } . Until
succeed�d by tne Dir�ctors �lected by the apartment owners, Direct-
ors need not be �partment owners . At 3east one-third (1J3 } of
the te�ns of t�e members of t�e Board of Directors shall �xpire
annuall�. In any event, ho�ever, each Director shall hold oifice
until such time as his successor has been elected. Provided, row-
ever, the Sponsor (as defined in the Declaration) shall have the
right to select all the Directors (and such Directors need not be
apartmen� awners� until the ear],iest of the foliowing events hap-
pens :
�I 1 . � date seven {7 } years from the date the fi�st sale
i o£ an apartmen� unit closes;
I 2 . A date one hundred twenty (12Q} days after the Spon-
sor has sold and closed Seventy Five (�5%� Percent of the
ownership interests in Phases 1 thraugh 15 ,
3 . A period o.� three (3 } years passes in which no
phase or parcel is added ta the condorninium.
4. Sponsor elects to permanently re3.inquish its author-
ity under thi.s provision b� written notzce to all apartment
owners .
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Upon the happening of any one of the three foregoing events,
tre Directors selected by Sponsor shall resign, to be succeeded
by Directors elected by the apartment owners, and the control of
the condominium shall thereafter pass from the Sponsor to the Asso-
ciation of apartment owners .
SECTION 2 . Powers and Duties . The Board of Directors shall
have the powers an�—duties necessary for the administration of
the affairs of the Association. Such powers and duties of the
Board of Directors shall include, but shall not be limited to,
the following:
� (a) Operation, care, upkeep and maintenance of the
p� Common Areas .
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� (b) Determination of the common expenses required for
othe affairs of the Association, including, without limita-
� tion, the operation and maintenance of the Property.
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(c) Collection of assessments from the apartment owners .
(d) Employment and dismissal of the personnel neces-
sary or advisable for the maintenance and operation of the
Common areas . The Directors shall have the authority to enter
into a contract ror professional management of the condominium.
If they enter into such contract the maximum term shall not
exceed one ( 1 ) year, and the contract shall be terminable
without cause or pa�ment ot a termination fee on thirty (30 )
days written notice.
(e) Adoption and amendment of rules and regulations
covering the details of the operation and use of the Prop-
erty, including adoption of reasonable fines and penalties
for violating the rules and regulations, subject to a right
of the apartment owners to overrule the Board. Initial rules
and regulations, which shall be effective until amended, are
annexed hereto as Schedule A.
( f) Opening of bank accounts .on behalf of the Associa-
tion and designating the signatories required therefor.
(g) Obtaining of insurance for the Property.
(h) Making of repairs, additions and improvements to,
or alterations of, the Property.
(i ) Grant or relccate easements; provided, however, no
new easements shall be created or granted nor existing ease-
ments relocated that would change the function or use of the
Property or affect the rights of any apart-nent owners, without
the unanimous vote of all affected apartment owners .
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SECTION 3 . Remaval . Directars may be removed for cause h�r
an affirmative vote or a majority c�f the apartment owners . Vo
director other than members of the initial Board of Directors
appointed by the Sponsor, shall continue to serve on the Board
if, during hi� tezm of afficej he shall cease to be an apartment
awner.
SECTION �. Vacancies. Vacancies in the Board of Directors
caused by any reasan ot�ier than the removal of a member thereof
0 by a vQte of �Ghe apartments c�wners shall be fz3led by vate of a
ma�c�rity af the rem�ining members at a special, meeting of the
0�7 Board of Directors held far that purp4se promptly after the occur-
C' rence of any such vacancy, even though �.he members present at �uch
� meeting may constitute less than a quorum, and each persan so elect-
� ed shall be a member of the Board of Directars for the remainder
M of the term of �he member and until a successor shall be elected
Gp at the next annual me�ting of the apartment owners.
SECTION 5 . Re lar Meetin � . Regular meetings af the Board
of Directar� may e e at suc�time and place as shali be deter-
mined from time to time by a majr�rity of the members of the Board
of Directors, but at least one such meeting shall be held during
each fiscal year. Natice of regular meetings of the Board of Dir-
ectors sha11 be given to each mernber of the Board of Directors at
least three (3 ) days previau�ly thereto by written natice delivered
ar mailed ta each director d�. Y115 home address, or by telephone.
If :nailed, such �otice shall be deem�d delivered when deposited
in t�e United States mail so addressed, with postage therec�n pre-
pai�.
SECTIGN 6 . S ecial i�eetin�s . Specia3 meeting� of the Board
of Directc��s may b�e�y t�ie Presldent on three {3 ) day's
notice to each member of the Board of Directors, given in the man-
ner provided for regular mee�ings, which notice shall state the
time, place and purpose of the meeting. Special meetings af the
Board nf Directars shall be called by the President or Sec=etary
in like manner and c�n like notice on the written request af at
1.east twa (2 } members of the Board of Direc�.ars .
SECTION 7. Waiver of Notice. Any memher of the Board of
Directors may at any time wai—"ve notice of any meeting of the Board
of D1rt�CtO?"S in writing and such waiver shall be deemed equivalent
tQ the giving of sueh notice. Attendance by a member of the Board
of D�rectors at any meeting of the Board shall constitute a waiver
af notice by him of the time and place thereof. If all the members
of the Board of Directors are present at any meeting of the Board,
no notice shali be required and any business may be transacted at
such meeting.
SECTION 8 . �ctic�n Taken Without a Meetin . The Directc�rs
shall have the right tfl take any action lr� the absence of a meet-
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ing which they could take at a meeting by obtaining the written
approval of all the Directors . any action sa approved shall have
� the same effect as though taken at a meeting of the Directors .
! SECTIGN 9 . Ouorum of Board of Directors. At all meetings
of the Board ot Directors, a majority o� t�ie members thereof shall
constitu�e a quorum for the transaction of business, and the votes
of a n�ajority of the members of the Board of L�irectors present at
a meeting at which a quorum is present shall constitute a decision
� O of the Board of Directors . It at an� meeting of the Board of Dir-
i � ectors there shall be 3ess than a quorum present, a majority of
� � t;�cse przsent may adjourn the meeting from time to time. At any
� � such adjourned meeting at which a quorum is present, any business
� which might have been transacted at the meeting originally called,
0 may be transacted without further notice.
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SECTION 10 . �F�idelity Bonds . The Board of Directors shall
emtimpt to obtain a ed quate tlde ity bonds for all officers and
p oyees of the Association handling or responsibie for Associa-
tion funds . The premium on such bonds shall constitute a common
expense.
SECTION 11 . Compensation. No member of the Board of Dir-
ectors shall receive any compensation from the Association for
acting as such.
� r�t�T I CLE I I I
Apartment Owners
SECTION 1 . Annual Meetin s . Within two (2 ) years following
the date of conveyance o the irst apartment, the Sponsor shall
call the first ann•aal meeting of apartment owners. Thereafter,
annual meetings shall be held on the anniversary of such date each
succeeding year. �t such meetings a Board of Directors shall be
elected, in accordance with the requirements of Article II of these
By-Laws, by Sponsor or by ballot of the apart-nent owners. The
apartment owners may also transact such other business of the Asso-
ciation as ma ro erl come before them.
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SECTION 2 . Place of Meetings . Meetings of the apartment
owners shall be he�t the p�rincipal office of the Association,
or at such other suitable place convenient to the apartment owners
as may be designated by the Board of Directors .
SECTION 3 . Special M�eeti�nc s . It shall be the duty of the
President to call a specia-I meeting of the apartment owners as
directed by the Board of Directors or upon petition signed by at
least one-third in number of the apartment owners having been pre-
sented to the Secretary.
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SECTIGN 4. Notice of irieetin s . It shall be the duty oz the
Secretary to give not ce of eac annual or special meeting, stating
the purpose thereo� as well as the time and place where it is to
be helci, to each apartment owner of record, at least five (5 ) but
not more than ten (10 ) days prior to such meeting.
SECTION 5 . Ad 'ourn.ment of Meetings . If any meeting of apart-
ment owners cannot be e ecause a quorum has not attended, a
majority in common interest oz the apartment owners who are present
at such meeting, either in person or by proxy, shall adjourn the
meeting to a time not less than forty-eight (48 ) hours from the
time the original meeting was call�d.
SECTION 6 . Voting. The owner or owners of each apart,�nent
(including the Sponsor, if the 5ponsor shall then own one or more
apartments ) or some person designated by such owner or owners to
� act as proxy on his or their behalf and who need not be an apart-
ment owner, shall be entitled to cast the votes appurtenant to
� such apartment at all meetings of apartment owners . The desig-
� nation of any such proxy shall be made in writing to the Secre-
�.. tary, and shall be revocable at any time by written notice to the
MSecretary by the owner or owners so designating.
� SECTION 7. Ma '�Trity of Apartment Owners. As used in these
By-Laws the term ' ma�ority ot apartment owners" shall mean those
apartment owners having more than 50 . G% of the total authorized
votes of all apartr�nent owners present in person or by proxl and
votir.g at any meeting of the apartment owr:ers .
SECTION 8 . Ouorum. Except as other�aise nrovided in these
By-Laws, the presence in person or by proxy of� a majority of apart-
ment owners shall constitute a quorum at alI meetings of the apart-
ments owners .
SECTION 9. Majority Vote. The vote of a majority of apart-
ment owners present at a me�ng at which a quorum shall be present
shall be binding upon all apartment owners for all purposes except
where in the Declaration or these By-Laws a higher percentage vote
is provided for.
ARTICLE IV
Officers
SECTION 1. D�esign ation. The principal officers of the Asso-
ciation shall be t�ie Pre is dent, the Vice-President, the Secretary I
and the Treasurer, all of whom shall be elected b�r the Board of I
Directors. The Board of Directors may appoint an assistant treas-
urer, an assistant secretary, and 5uch other officers as in its
judgment ma� be necessary. No officer need be a member of the
Board of Directors, but members of the Board of Directors may
appoint themselves as officers .
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SECTION 2 . Election of Officers . The officers oi the Asso-
ciation shall be e e�cted—annua�y by the Board of Directors and
shall hold office at the pl�asure of the Boar3 of Directors and
untii their successors are elected.
SECTIOr1 3 . Removal of Officers. Upon the affirmative vote
of a majority of the members o t e Board of Directors, any offi-
cer may be removed, either with or without cause, and his success-
or may be elected at any regular meeting of the Board of Directors,
or at �ny special meeting of the Board of Directors called for
such p�arpose.
' p S,�CTION 4. President. The President shall be the chief exe-
� cutive officer of e Association. He shall preside at all meet-
c ings of the apartment owners and of the Board of Directors. He
p shall have all of the general powers and duties which are incident
t�2 to the office of President of a corporation organized under the
� Non-Profit Corporation Law of the State of Washington, including
c� but not limited to the power to appoint committees from among the
� apartment owners from time to time as he may in his discretion
decide are appropriate to assist in the conduct of the affairs of
the Association.
SECTIGN 5 . Vice-President. The Vice-President shall take
the place of the Presl ent an perform his duties whenever the
President shall be absent or unable to act. If neither the Presi-
derlt r.or the Vice-Pr�sident is able to act, the Board of Directors
shall appoint some otiler member of the Board or Directors to act
in the piace of the President, on an interim basis . The Vice-
President shall also perform such other duties as shall frcm time
to time be imposed upon him by the Board of Directors or by the
President.
SECTION 6 . Secretar . The Secretary shall keep the minutes
of all meetings o tFie apartment owners and of the Board of Direct-
ors; shall have charge of such books and papers as the Board of
Directors may direct; and shall in general, perform, all the duties
incident to the office of Secretary of a corporation organized
under the Non-Profit Corporation Law of tne State of Washington.
SECTION 7 . Treasurer. The Treasurer shall have the responsi-
bility for Associatlon funds and securities and shall be responsible
for keeping full and accurate financial records and books of account
showing all receipts and disbursements and for the preparation of
all required financial data. He shall be responsible for the depo-
sit of all moneys and other valuable effects in the name of the
Board of Directors in such depositories as may from time to time
be designated by the Board of Directors, and he shall, in general,
perform all the duties incident to the office of Treasurer of a
cerporation organized under the Non-Profit Corporation Law of the
State of Washington. No payment vouchers shall be paid unless I
and until approved by the Treasurer. �
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SECTI4N 8. Aqreements, Contr�cts, Deeds, Checks, Etc, Al1
agreements, cantracts, dee�c s,�eases, chec�-anc�ot�ier �n truments
� ot the Assaciation shall be executed by such other person ar per-
sons as may be designated by the Baard of Directors .
I� SECTI�N 9 . Com ensation of Officers . No officer shal.i re-
� ceive any compensatian rom the Associat�.an for acting as such.
� �,.RTICLE V
C' Amendment to By-Laws
I� i`►
� These By-Laws may be amended by a majority vate oF apartment
� owners .
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f SCHEDULE "A" TO BY-LAWS I
RULE5 r�ND REGULATIONS F�R I
SUNPOI�ITE, � CGND�MINIUM I
l . Nc� industry, business , trade, occupatian or pr.afession
• of any k:;.nd, commercial, religious, educatic�nal, or otrer,�ise,
� designed far profit, altruism, or otherwise, shall be conducted,
maintained or permitted on any part of the Property, nor shall
dlly "Fpr Sale" , "For Rent" , Q,r "For Lease" SZC�IIS or ather W121{��W
� displays or advertising be maintained or permitted on any part of
I the Pro�erty or in any apartment therein nor shall any apartment '
� O be used or rented ror transient, hotel or :notel purposes . The
� � right is reserved by the Sponsor and the Board of D�rectors, or
� p it� agent, to place "For Sa3e" , "For Rent" , or "For Lease" signs
', � an any unsald or unoccupied apartments, and the right is hereby
�,,, given to any mortgagee, who may hecome the owner of any apartment,
p to p3ace such signs on any apartment owned by such mortgagee, but
' � in na event will any sign be larger than one Eoot (1 ' } by two feet
� � (2 � � .
' 2 . There shall be no obstruction of the Commcan Areas.
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3 . No animal� ar reptiies of any kind shall be raised, bred,
or kept zn any apartment or the Common Areas, except that dogs,
not to exceed 25 pounds at maturity, cats or other househald pets,
nat to exc�ed one per apartment without the approval of the Boar�
of Directors, ma1 be ;cept in apartments, sub;ect to the rules and
I ;�r,ulations adcpted by tr�e Board of Directars, provided that tr.ey
I a�� not kept, br�d or maintained for any commercial purposes; and
prcvided further that any such pet causing or creating a nuisance
or unreasonable disturbance ar noise be permanently removed £rom
�.he Property upon three �3 } days' written notice from the Board
I� of Directors . In na event shali any dog be permitted in any por-
tion af the Cammon Areas, unless an a leash.
4. No noxious or offensive activity shall be carried on in
any apartment, or in the Cammon Areas, nor shall anything be done
therein, either willfully ar negligently, which may be or bzcome
an anr.oyance or nuisance to the other apart�~nent ow-ners or occupants.
No apartrnent owner shall make or permit any disturbing naises in
the buildings by himself, his faraily, servants, employees, agents,
visitars and Iicensees, nor do or permit anything by such persons
�hat will interfere with the rights, comforts or convenience c�f
other apartment owners.
5 . The Homeawners Association will give the Federal Home ' "
Loan Martgage Corporatian notice {if such Carporation has, thraugh
its servicing agent asked for such nc�tice) in writing of any loss
to or taking of the common elements of the condominium project if
such Ioss or taking exceeds $10, 004 . �0 ar damage to a condominium
unit cavered by a mortgage purchased in whole ar in part by FHLMC
exceeds $1, 000 .0�.
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. .
� 6 . ���ith the exception of a lender in possession of a condo-
� minium unit following a default in a first mortgage, a foreclosure
p proceeding, or any deed or other arrangement in lieu of foreclosure,
� no unit owner shall be permitted to lease his unit for transient
� or hotel purposes . No unit owner may lease less than �he entire
p unit. any Iease agreement shall require that the terms of the
� lease shall be subject in all respects to the provisions of the
� � Condominium Declaration of Sunpointe, A Condominium, and the By-
Laws of Sunpointe Condominium Association, and that any failure
by lessee to ccmply with the terms of such documents shall be a
default under t:�at lease. All leases shall be in writing. Other
than the foregoing and those restrictions contained in the Condo-
minium Declaration of Sunpointe, A Condominium, there is no res-
triction on th� right of any unit owner to lease his unit.
7 . The Federal National Mortgage Association, 3435 Wilshire
Boulevard, Los Angeles, California, 90010, shall receive written
notice from the Board of any of the matters referred to in Subpara-
graphs (b ) , (c) , and (d) of Paragraph 20 of the Condominium Declar-
ation of Sunpointe, A Condominium.
8 . Without limiting their full control or the use of the
common areas, no one shal.l do any of the following without the
prior written approval of the Board of Directors:
(a) Remove, cut or destroy any plant, shrub or tre�
located within any of the common areas .
(b) Install any T.V. or other outside antenna on the
common areas .
�c) Park a recreational vehicle, trailer (utility, boat,
camping, horse or other type of trailer) , or disabled vehicle
on any part of the common areas, including limited common
area parking stalls, for a period in excess of twer�ty-four
(24y hours in any seven (7) consecutive days: If this rule
is violated, the Board shall have the right to have the vehi-
cle or trailer removed from the premises and the owner of
tne vehicle or trailer and the owner of the apartment unit
responsible for the vehicle or trailer shall be jointly and
severally liable for the cost of removal.
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