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After Recording Return To:
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R�aboq WA 9f0l� _
DECLARATION OF
COVSN�ITB, CONDITIONS
A1dD RESTRICTIONS
FOR
STRATFORD PLACE
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TABLE OF CONTENTS
ARTICLE 1 ,
DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . 1 �
1.1 Association . . . . . . . . . . . . . . . . . . . 1
1.2 Association Action . . . . . . . . . . . . . . . . 1
1.3 Committee . . . . . . . . . . . . . . . . . . . . . 1
1.4 Committee Action . . . . . . . . . . . . . . . . . 2
1.5 Declarant . . . . . . . . . . . . . . . . . . . . . 2
1.6 Declaration . . . . . . . . . . . . . . . . . . . . 2
1.7 Dwelling . . . . . . . . . . . . . . . . . . . . . 2
1.8 Governing Documents . . . . . . . . . . . . . . . . 2
1.9 Lot . . . . . . . . . . . . . . . . . . . . . . . . 2
1. 10 Owner . . . . . . . . . . . . . . . . . . . . . . . 2
1. 11 Structure . . . . . . . . . . . . . . . . . . . . 3
1. 12 Supplementary Declarations . . . . . . . . . . . . 3
1.13 Subdivision . . . . . . . . . . . . . . . . . . . . 3
1. 14 Transition Date . . . . . . . . . . . . . . . . . . 3
� ARTICLE 2 -
� COMPLIANCE WITH GOVERNING DOCUMENTS . . . . . . . . . . . . . 3
� 2 . 1 Owners Compliance With The Governing Documents. . . 3
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0 ARTICLE 3
e�l Stratford Place OWNERS ASSOCIATION . . . . . . . . . . . . . 3
� 3. 1 Description of Association . . . . . . . . . . . . 3
� 3 .2 Association Board. 3
� 3.3 Association Membership. . . . . . . . . . . . . . . 4
3.4 Elections at Meetings. . . . . . . . . . . . . . . 4
3 .5 Votes Appurtenant to Lot(s) and Dwelling(s) . . . . 4
3.6 Initial Number of Votes. . . . . . . . . . . . . . 5
3 .7 Declarant's Power Until Transition Date . . . . . . 5
3 .8 Owner's Compliance With Governing Documents. . . . 5
3 .9 Rules and Regulations. . . . . . . . . . . . . . . 5
3. 10 Architectural Control Committee. . . . . . . . . . 6
ARTICLE 4 •
ASSOCIATION BUDGET, ASSESSMENTS, AND LIENS . . . . . . . . . 6
4. 1 Owner's Covenant to Pay Assessments. . . . . . . . 6
4.2 Association Budget. . . . . . . . . . . . . . . . . 6
4.3 Levy of General Assessment. . . . . . . . . . . . . 7
4.4 Payment of General Assessment. . . . . . . . . . . 8
4.5 Non-Discriminatory Assessment. . . . . . . . . . . 8
4. 6 Certificates of Assessment Payment. . . . . . . . . 8
4.7 Special Assessments. . . . . . . . . . . . . . . . 8
4.8 Effective Non-Payment of Assessment. . . . . . . . 9
4.9 Lien to Secure Payment of Assessments. . . . . . . 9
4. 10 Suspension for Non-Payment of Assessment. . . . . . 10
4. 11 General Operating Reserve. . . . . . . . . . . . . 10
(33333/33333/NIDR/86414.1) 1
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ARTICLE 5
USE COVENANTS, CONDITIONS AND RESTRICTIONS . . . . . . . . . 10
5.1 Residential Use Only. . . . . . . . . . . . . . . . 10
' 5.2 Garages. . . . . . . . . . . . . . . . . . . . . . 11
5.3 Construction Period. . . . . . . . . . . . . . . . 11
5.4 Accessory Buildings. . . . . . . . . . . . . . . . 11
5.5 Set Backs. . . . . . . . . . . . . . . . . . . . . 11
5.6 Antennas. . . . . . . . . . . . . . . . . . . . . . 11
5.7 Storage. . . . . . . . . . . . . . . . . . . . 11
5.8 Firearms and Related Activity. . . . . . . . . . 12
5.9 Approval of Building or Clearing Plans Required. . 12
5.10 No Subdivision of Lot(sj . . . . . . . . . . . . . . 12
5.11 Nuisance Prohibited. . . . . . . . . . . . . . . . 12
5.12 Temporary Structures Prohibited. . . . . . . . . . 12
5.13 Garbage. . . . . . . . . . . . . . . . . . . . . 13
5.14 Pets or Animals. . . . . . . . . . . . . . . . . 13
5.15 Prohibition Against Signs. . . . . . . . . . . . . 13
5. 16 Fences. . . . . . . . . . . . . . . . . . . . . . 13
5. 17 Water Wells and Septic Tanks. . . . . . . . . . . 13
5. 18 Mining and Exploration Prohibited. . . . . . . 13
� 5. 19 Basketball Goals �nd Other Recreational Fixtures. . 14
C� 5.2 0 Parking . . . . . . . . . . . . . . . . . . . . . . 14
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� ARTICLE 6
� EASEMENTS AND OPEN SPACE . . . . . . . . . . . . . . . . . . 14
'„� 6. 1 Easements . . . . . . . . . . . . . . . . . . . . . 14
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(+� ARTICLE 7
Q'� ENFORCEMENT . . . . . . . . . . . . . . . . . . . . . . 16
I 7. 1 Duration and Binding Effect. . . . . . . . . . . . 16
7.2 Who May Enforce. . . . . . . . . . . . . . . . . . 16
7.3 Severability. . . . . . . . . . . . . . . . . . . . 17
7.4 Amendment . . . . . . . . . . . . . . . . . . . . . 17
7.5 Applicable Law. . . . . . . . . . . . . . . . . . . 17
(33333/33333/NIDR/86414.1) 1 1
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DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR STRATFORD PLACE
THIS DECLARATION is made on this �day of �� ,
19�, by CAMWEST DEVELOPMENT, INC. , a Washington corporation (the
"Declarant") , who is the owner of real property in the City of
Renton, King County, Washington, commonly known as Stratford
Place, the legal description of which is attached hereto and
incorporated herein as Exhibit A (the "Property") .
DESCRIPTION OF DECLARATION
Declarant, fee owner of the above described property now duly �
plotted as Stratford Place, a subdivision in City of Renton King
County, Washington, as such plat is now recorded with the King
County Division of Records and Elections, makes the following
declarations as to limitations, restrictions, and uses to which the
lots or tracts constituting such subdivision may be put, and
� specifies that such declarations shall constitute covenants to run
:� with all the land, as provided by law, and shall be binding on all
O parties and all persons claiming under them, and for the benefit of
and limitations on all future owners in the Stratford Place
OSubdivision.
� The purpose of these restrictions is to insure the use of the
d ro ert for attractive residential
� p p y purposes only, to prevent
� nuisances, to prevent the impairment of the attractiveness of the
property, and to maintain the desired tone of the community, and
thereby to secure to each lot owner the full benefit and enjoyment
of his or her home, with no greater restriction on the free and
undisturbed use of his or her site than is necessary to insure the
same advantages to the other site owners.
ARTICLE 1
DEFINITIONS
1. 1 "Association" shall mean and refer to the Stratford Place
Owner's Association, its successors and assigns.
1.2 "Asso�iation Action" shall mean and refer to a written
corporate action of the Association in the form of either a by-law
or resolution duly passed by either the board of directors or
members of the Association.
1.3 "Committee" shall mean and refer to the architectural
control committee, composed of:
(33333/33333/NIDR/86414.1)
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1JAME � ADDRESS
The Committee shall consist of three (3) members who shall be
initially appointed by the Declarant.
1.4 "Committee Action" shall mean and refer to any action
authorized and taken by a majority of the Committee members. In
the event of death of one or more Committee members, the
Association, by election with a simple majority vote shall appoint
a successor member.
1.5 "Declarant" shall mean and refer to Camwest Development,
Inc. , a Washington corporation, its successors and assigns;
provided however, that no successor or assign of Declarant shall
have any rights or obligations of Declarant hereunder unless such
rights and obligations are specifically set forth in the instrument
of succession or assignment or other recorded instrument or pass by
operation of law. Certain rights and obligations of Declarant, as
� set forth herein, shall cease upon the completion of all
�,Q development of the Property.
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�O1.6 "Declaration" shall mean and refer to this instrument, as
O the same may be supplemented or amended from time to time.
� 1.7 "Dwellincr" shall mean and refer to the improvement which
� is to be used solely as a single family residence by a respective
� Owner.
1.8 "Governing Documents" shall mean and refer to this
Declaration and Supplementary Declarations, and the governing
documents of the Association.
1.9 "Lot" shall mean and refer to any legally platted,
segmented and alienable portion of the Property.
1.10 "Owner" shall mean and refer to the record owner, as
shown by the Real Estate Records in the King County Division of
Records and Elections, State of Washington, (whether one or more .
persons or entities) of a fee interest in any Lot or Dwelling,
including one or more persons or entities, who acquire a Lot(s) for
the purpose of improving such Lot(s) for resale to other individual
Owner(s) ; but excluding mortgagees or other persons or entities
having such interest merely as security for the performance of an
obligation; except a creditor, who acquires title to a Lot(s) and
Dwelling thereon or any portion thereof pursuant to foreclosure or
any other proceeding or deed in lieu of foreclosure, shall be
considered an owner. Purchasers or assignees under recorded real
estate contracts shall be deemed owners as against their respective
sellers or assignors.
(33333/33333/hIDR/86414.1) 2
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1.11 "Structure" shall mean and refer to any dwelling,
building, fence, wall, road, swimming pool, concrete or other slab
or other structure which is attached to or placed on the land.
1. 12 "Supplementary Declarations" shall mean and refer to any
recorded declaration of covenants, conditions, and restrictions
which extends or amends the provisions of this Declaration.
1. 13 "Subdivision" shall mean and refer to the Property.
1.14 "Transition Date" shall mean the date upon which the
authority and responsibility to administer and manage the
Association and the Common Areas subject to this Declaration and
the Bylaws, passes to the Association. The Transition Date will be
either: (i) the date designated by Declarant in a written notice
to the Owners, which date may at Declarant's election be any date
after this Declaration has been recorded; or (ii) the 120th day
after Declarant has transferred title to purchasers of twenty-five
(25) Lots.
' � ARTICLE 2
� COMPLIANCE WITH GOVERNING DOCUMENTS
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� 2 . 1 Owners Compliance With The Governing Documents. By
0 acceptance of a deed to a Lot, execution of a contract therefore,
� or any other means of acquisition of an ownership interest, whether �
� or not it shall be so expressed in any such deed or other '
� instrument, the Owner thereof covenants and agrees thereby, on
� behalf of himself and his heirs, successors, and assigns, to
observe and comply with all terms of the Governing Documents as
provided in this Declaration.
ARTICLE 3
STRATFORD PLACE OWNERS ASSOCIATION
3. 1 Description of Association. The Association is a non-
' profit corporation organized and existing under the laws of the
State of Washington charged with the duties and vested with the
powers prescribed by law and set forth in the governing documents
of the Association, as they may be amended from time to time;
provided, however, that no governing document other than this
Declaration shall for any reason be amended or otherwise changed or
interpreted so as to be inconsistent with this Declaration.
3.2 Association Board. Declarant may, but shall not be
required to, select an initial board of directors consisting of
three (3) persons who initially need not be Owners. The initial
board shall have the full authority and all rights,
responsibilities, privileges, and duties to manage the Association
under the governing documents of the Association, and shall be
subject to all provisions of those governing documents. The term
of the initial directors of the board shall expire thirty (30) days
(33333/33333/NIDR/86414.1) 3
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after the sale of the last Lot at which ti�ne a special meeting
shall be held to elect successors to the Board. The board shall
elect officers of the Association from among the board members,
which shall include a president who shall preside over the meetings
of the board and meetings of the Association.
3. 3 Association Membershin. Every person or entity who is an
Owner shall by reason thereof be a member of the Association. Such
membership shall be appurtenant to and held and owned in the same
manner as the beneficial fee interest in the Lot or Dwelling to
which it relates. Membership shall not be separated from Ownership
of the Lot or Dwelling to which it relates; provided, however, that '
any Owner may delegate his rights of inembership in the Association �
to the members of his family.
3.4 Elections at Meetinas. The Association shall conduct
regular and special meetings, at which the members shall be allowed
to vote on matters, including but not limited to the election of
the officers and directors, successor members of the Committee,
establishment of rules and regulatians, action to be taken when a
violation of the covenants, conditions and restrictions of this
Declaration occur, etc. Written notification shall be given to
� every member at least thirty (30) days prior to any regular or
� special meeting, except a shorter notification shall be allowed if
� an emergency situation exists requiring the immediate action of the
� Association. All members may vote and transact business at any
� meeting of the Association by proxy authorized in writing.
Q Additionally, in the discretion of the Board of Directors of the
rl Association, the Association may send with the notices of a regular
� or special meeting, a statement of certain motions to be introduced
� for vote of the members and a ballot on which each member may vote
� for or against such motion. Provided, however, such ballots shall
not be counted in determining whether a quorum is present to vote
upon motions not appearing on the ballot. A quorum, for purposes
of this Declaration, shall be considered to be a simple majority of
members in the Association, who are allowed to vote at the meetings
of the Association.
3 .5 Votes Appurtenant to Lot(s) and Dwellincl(s) . Every Owner
shall be entitled to cast one vote in the As$ociation for each Lot
or Dwelling owned. A vote shall be appurtenant to and held and
owned in the same manner as the beneficial fee interest in the Lot
or Dwelling which it relates. A vote shall not be separated from
Ownership of the Lot or Dwelling; provided, however, that when one
or more entity holds the beneficial fee interest in any Lot or
Dwelling, the vote therefore shall be cast as the Owners among
themselves determine, but in no event shall more than one vote be
cast with respect to any Lot or Dwelling; and if the several Owners
of a Lot or Dwelling are unable to agree as to the casting of their
vote, such vote shall not be counted. When a single entity owns
more than one Lot or Dwelling, each vote may be cast separately.
(33333/33333/NIDR/86414.1) 4
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3.6 Initial Number of Votes. From the commencement of the
existence of the Association, there shall be a total of 26
outstanding votes in the Association, representing one vote for
each of the 26 Lots comprising the Subdivision. During the
development of the Subdivision, the Declarant shall be entitled to
cast 26 votes, less one vote for each Lot or Dwelling then owned by
an Owner other than Declarant.
3.7 Declarant's Power Until Transition Date. Until the
Transition Date, Declarant shall have the full power and authority
to exercise all of the rights, duties, and functions of the Board
of Directors and the offices of the Association, including but not
limited to the adoption of rules and regulations, contracting for
the purchase of goods and services, buying insurance, and
collecting and e�ending all assessments and other Association
funds. Declarant shall have the power to contract with an
experienced professional, managing agent, and delegate to the
managing agent all of the powers and duties of the Board that the
Board is authorized to delegate. Declarant may at such times as it
deems appropriate select and from time to time replace an interim
board of three directors, who need not be apartment owners or
� purchasers, who shall have all the powers, duties, and functions of
� the Board of Directors. Any contract made by Declarant, its
� managing agent, or the interim board (including management
Q contracts) that would otherwise extend beyond the Transition Date
� shall be terminable by the Board after the Transition Date upon 30
'p days' notice.
'� 3.8 Owner's Compliance With Governing Documents. By
� acceptance of a deed to a Lot or Dwelling, execution of a contract
� therefore, or any other means of acquisition of an Ownership
interest, whether or not it shall be so expressed in any such deed
or other instrument, the Owner thereof covenants and agrees
thereby, on behalf of himself and his heirs, successors, and
assigns, to observe and comply with all terms of the governing
documents of the Association, and all rules and regulations duly
promulgated pursuant to Association action.
3 .9 Rules and Regulations. The Association shall have the
power to adopt from time to time by Association Action and to
enforce rules and regulations governing the use of the Property in
addition to the use restrictions contained in this Declaration and
whether or not expressly contemplated herein, provided that such
rules and regulations shall not be inconsistent with this
Declaration. The rules and regulations may not discriminate among
Owners. The Association may prescribe penalties for the violation
of such rules and regulations. Any such rules and regulations
shall become effective thirty (30) days after promulgation or
amendment and shall be mailed to all Owners within thirty (30) days
after promulgation or amendment. A copy of the rules and
regulations then in force shall be retained by the secretary of the
Association and shall be available for inspection by any Owner
(33333/33333/NIDR/86414.1) Jr
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during reasonable busin�ss hours. Such rules and regulations shall
have the same force and effect as if set forth herein.
3. 10 Architectural Control Committee. The Association shall
establish and continuously maintain an architectural control
committee (the "Committee") composed of three or more members as
provided in the by-laws of the Association, to review and approve
or disapprove the details and written plans and specifications
showing the nature, kind, shape, height, materials, colors, and
location of proposed dwellings, buildings, fences, walls, or other
structures, exterior additions to or changes or alterations
therein, clearing or excavation of lots. The members of the
Committee shall be initially appointed by the Declarant. Upon the
' death of a member of the Committee the Association shall appoint a
successor member. The initial membe s
r appointed by the Declarant
shall act as members of the Committee for a term which will expire
thirty (30) days after the sale of the last Lot within Stratford
Place, a subdivision located in, City of Ren�on King County,
Washington, at which time the newly elected Board of Directors
shall establish and appoint successor committee members by a
majority vote of the newly elected directors. Each committee
� member shall be appointed to serve until the next annual meeting at
;� which time the newly elected Board of Directors shall appoint
Q'� his/her successor and shall qualify. The Association shall have
O the power to adopt from time to time by Association Action and to
� enforce guidelines, criteria, and procedures governing the
� architectural control committee and the Owners' compliance with the '
� provisions of this Declaration.
M ARTICLE 4
� ASSOCIATION BUDGET, ASSESSMENTS, AND LIENS
4.1 Owner's Covenant to Pay Assessments. By acceptance of a
deed to a Lot or Dwelling, execution of a contract therefore, or
any other means of acquisition of an Ownership interest, whether or
not it shall be so expressed in any such deed or other instrument,
the Owner thereof covenants and agrees thereby, on behalf of
himself and, his heirs, successors, and assigns, to pay the
Association, in advance, all fees, and any general and special
assessments levied as provided herein.
4.2 Association Budget. The Association shall prepare, or
cause the preparation of, an operating budget for the Association
at least annually, in accordance with sound accounting principles.
The operating budget shall set forth all sums required by the
Association, as estimated by the Association, to meet its annual
costs and expenses, including but in no way limited to all
management and administration costs, including charges for any
services furnished by or to the Association, the cost of utilities
and other services, and the cost of funding all reserves
established by the Association, including, when appropriate, a
general operating reserve. There shall be included in the
(33333/33333/NIDR/86414.1) 6
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Association budget a special maintenance fund or funds, the purpose
of which shall be ta maintain storm water retention systems. The
funds required to meet the Association's annual expenses shall be
raised from a general assessment against each Owner, Lot and
Dwelling as provided hereafter. The Association may revise the
operating budget after its preparation at any time and from time to
time, as it deems necessary or advisable in order to take into
account and defray additional costs and expenses of the
Association.
4. 3 Levy of General Assessment. In order to meet the costs
and expenses projected in its operating budget, the Association
shall by Association Action determine and levy in advance on every
Owner a general assessment. The amount of each Owner's general
assessment shall be the amount of the Association's operating
budget divided by the sum of the number of existing Lots. The
Association shall make reasonable efforts to determine the amount
of the general assessment payable by each Owner for an assessment
period at least 30 days in advance of the beginning of such period
and shall at that time prepare a roster of the Owners and the
general assessment allocated to each, which shall be kept in the
office of the Association and shall be open to inspection by any
�, Owner upon reasonable riotice to the Association. Notice of the
� general assessment shall be sent to each Owner; provided, however,
Q'� that notification to an Owner of the amount of an assessment shall
O not be necessary to the validity thereof. The omission by the
Ln Association, before the expiration of any assessment period, to
� affix the amount of the general assessment for that or the next
� period, shall not be deemed a waiver or modification in any respect
�,,,� of the provisions of this Article or a release of any Owner from
� the obligation to pay the general assessment, or any installment
thereof, for that or any subsequent assessment period, but the
general assessment fixed for the preceding period shall continue
until a new assessment is fixed. Upon any revision by the
Association of the operating budget during the assessment period
for which the budget was prepared, the Association shall, if
necessary, revise the general assessment levied against the Owners
and give notice of the same in the same manner as the initial levy
of a general assessment for an assessment period.
4.4 Payment of General Assessment. Upon Association Action,
installments of general assessments may be collected on a monthly,
quarterly, semi-annual, or annual basis. Any Owner may prepay one
or more installments on any assessment levied by the Association
without premium or penalty.
4 .5 Non-Discriminatory Assessment. No assessment shall be
made at any time which may unreasonably discriminate against any
particular Owner or group of Owners in favor of other Owners.
However, a special assessment, as defined in Section 4.7, may be
made against a particular Owner by a two-thirds majority vote of
the Board of Directors of the Association or other Association
(33333/33333/NIDR/86414.1) 7
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committee to which such oversight responsibility has been delegated
or the general members in the Association, after notice from the
Association has been given to the Owner thereof.
4.6 Certificates of Assessment Payment. Upon request, the
Association shall furnish written certificates certifying the
extent to which assessment payments on a specified Lot or Dwelling
are paid and current to the date stated therein. Issuance of such
certificate shall be conclusive evidence of payment of any
assessments therein declared to have been paid. A reasonable
charge may be made by the Association for the issuance of such
certificate.
4.7 Special Assessments. In addition to the general
assessments authorized by this Article, the Association may, by
Association Action, levy a special assessment or assessments at any
time against a particular Owner and existing Dwelling only, or
generally to all Owners within the Subdivision, applicable to that
ear onl for such ur ose as the Association ma consider
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appropriate, which may include for purposes of illustration only,
� assessments made by the Association for the repayment of debt or
� expenses incurred by the Association, while enforcing this
O Declaration, the general upkeep, maintenance and care of the Common
� Areas, including without limitation the installation, maintenance
� and upkeep of the entrance signs, which costs or expenses have not
� been included in the general assessment of the Association, the
' � construction, reconstruction, repair or placement of any capital
C'? improvement on the Common Area the removal of trash, debris or
Q� other unsightly nuisance upon a Lot(s) , including the general
maintenance of yard work and upkeep of trees and shrubbery required
of each Lot Owner, and the maintenance of the cul-de-sac islands as
required by this Declaration. Provided, however, that any such
assessment must have the prior favorable vote of a two-thirds
majority vote of the Board of Directors of the Association, an
Association Committee to which oversight responsibility has been
delegated or the general members in the Association, after notice
from the Association has been given to the Owner thereof. The
amount of each Owner's special assessment for any year shall be the
total special assessment for such year, divided by the sum of the
number of Lots or existing Dwellings; and in specific instances,
' such special assessments may be assessed totally against a
particular Lot Owner or specific Lot Owners.
4.8 Effective Non-Payment of Assessment. If any assessment
is not made in full within thirty (30) days after it was first due
and payable, the unpaid amounts shall constitute a lien against the
Lot or Dwelling assessed and shall bear interest from such due date
at a rate not to exceed the highest rate then permitted by law. By
acceptance of a deed to a Lot or Dwelling, execution of a contract
therefore, or any other means of acquisition of an ownership
interest, and whether or not it shall be so expressed in any such
deed or other instrument, each Owner shall be deemed to grant
(33333/33333/NIDR/86414.1) 8
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thereby to the Association, its agents and employees, and to
Declarant during the development of the Subdivision the right and
power to bring all actions against such Owner personally for the
collection of such assessments as a debt, and to enforce the liens
created by this Declaration in favor of the Association by
foreclosure of the continuing liens in the same form of action as
is then provided for the foreclosure of a mortgage on real
property. The liens provided for in this Declaration shall be for
the benefit of the Association as a corporate entity, and the
Association shall have the power to bid at any lien foreclosure
sale and to acquire, hold, lease, mortgage, and convey the Lot or
Dwelling foreclosed against. Each Owner does hereby waive to the
extent of any liens created pursuant to this Article 4 the benefit
of any homestead or exemption law.
4.9 Lien to Secure Payment of Assessments. Declarant hereby
creates in the Association perpetually the power to create a lien
in favor of the Association against each Lot and Dwelling, to
secure to the Association a payment to it of all assessments,
interests, costs, and reasonable attorneys' fees; and Declarant
� hereby subjects all Lots and Dwellings perpetually to such power of
� the Association. Such lien shall arise in accordance with the
� terms of this Declaration without being a necessity of any further
Q action by the Association if an Owner fails to pay all assessments,
11� interest, costs, and reasonable attorneys' fees within sixty (60)
O days after the date of billing, and any such lien when created,
� shall be a security interest in the nature of a mortgage in favor
� of the Association. Such lien shall become a continuing lien in
� the amount stated in the assessment from the time of the
assessment, but expiring pro rata as the assessment payments are
made, and shall also be the personal obligation of the person or
entity who is the Owner of the Lot or Dwelling at the time of the
assessment. The personal obligation to pay a prior assessment
shall not pass to successors and interest unless expressly assumed
by them; provided, however, that in the case of a sale or contract
for the sale of any Lot or Dwelling which is charged with the
payment of an assessment, the person or entity who is the Owner
immediately prior to the date of such sale shall be personally
liable for the amounts of the monthly installments due prior to �
said date, and the new Owner shall be personally liable for monthly
installments becoming due on or after such date. The foregoing
limitation on the duration of the personal obligation of an Owner
to pay assessments shall not, however, affect the validity or
duration of the continuing lien for unpaid assessments against the
respective Lot or Dwelling.
4. 10 Suspension for Non-Payment of Assessment. If an Owner
shall be in arrears in the payment of any assessment due, or shall
otherwise be in default of the performance of any terms of the
governing documents of the Association for a period of thirty (30)
days, said Owner's voting rights shall without the necessity of any
further action by the Association, be suspended (except as against
(33333/33333/NIDR/86414.1) 9
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foreclosing secured parties) and shall remain suspended until all
payments, including interest thereon, are brought current and any
' other default is remedied. No Owner is relieved of the liability
for assessments by abandonment of a Lot or Dwelling.
4. 11 General Operating Reserve. As a common expense, the
Association shall establish and maintain a reserve fund with a
banking institution, the accounts of which are insured by any state
or by any agency of the United States of America or, in the
discretion of the Association, the funds may be invested in
obligations of, or fully guaranteed as to principal by, the United
States of America. The proportional interest of any Owner in any
such reserves shall be considered an appurtenance of his/her Lot or
Dwelling and shall not be separately withdrawn, assigned, or
transferred, or otherwise separated from the Lot or Dwelling to
which it appertains and shall be deemed to be transferred with such
Lot or Dwelling.
ARTICLE 5
USE COVENANTS, CONDITIONS AND RESTRICTIONS
5. 1 Residential Use Onlv. No building or structure of any
kind whatsoever other than a Dwelling shall be erected on a Lot,
� any such Dwelling shall be used for residential purposes only. No
� such Dwelling shall be erected, altered, placed or permitted to
� remain on a Lot except for one (1) detached single family Dwelling
0 and permitted accessory buildings. Such single family Dwelling is
� not to exceed two stories in height (exclusive of daylight
O basements and dead crawl spaces) . The Declarant reserves the right
r� to place a temporary, "model home" or construction trailer (for a
� period not to exceed sixty (60) days after completion of all
� construction on the Subdivision, real estate sales office on a Lot
until all Dwellings have been built and all Lots sold.
5.2 Garages. No Lot in the above-described Subdivision shall
have a garage constructed on such Lot for more than three (3) cars,
and any such garage must be erected as part of the Dwelling on the
Lot, unless written approval is obtained from the Committee.
5.3 Construction Period. Once started the work of
constructing, altering, repairing or reconstructing any structure
or improvement on a Lot shall be diligently prosecuted until
completion thereof and in any event the exterior of the structure
shall be completed within six (6) months after the work first
commences.
5.4 Accessory Buildings. Accessory buildings which are
appurtenant to the use of an existing permanent residential
building shall be permitted on a Lot. Permitted accessory
buildinqs shall be limited to greenhouses, playhouses, toolsheds,
woodsheds, doghouses and gazebos. No permitted accessory building
shall be placed on a Lot unless it has been first approved as to
(33333/33333/NIDR/86414.1) 1�
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the design and location on the Lot by the Committee. The Committee
may refuse to approve a permitted accessory building if in the
exercise of the discretion of the Committee, the structure detracts
from the general visual appearance of the neighborhood as seen from
the streets. The location of a permitted accessory building other
than garages shall be at a place which minimizes the visual impact
and, as a general guideline, shall be in the side yard behind the
front of the house or in the rear yard. The Committee shall not be
bound by the guidelines, but may exercise its discretion in that
respect.
5.5 Set Backs. No building or structure shall be located
between: (i) The Lot line, boundary line of a Tract or centerline
of an easement closest to a building setback line shown on the '
Plat; and (ii) the building setback line. Building setback lines
are designated B.S.B.L. on the Plat. All structures and
improvements shall comply with the applicable laws, codes, rules
and regulations of the City of Renton, King County, and the State
of Washington, as amended from time to time, relating to setback
requirements; provided that nothing herein shall require removal of
a building which was originally placed in conformity with such Code
ordinance because of change in the Code.
� 5. 6 Antennas. No exterior aerials, antennas or microwave
� receivers (dishes) for television or other purposes shall be
� permitted on any Lot. No lines or wires for the transmission of
O electric current or of television, radio or telephone signals shall
� be constructed, placed or permitted to be placed outside of the
� buildings of a Lot, unless the lines and wires shall be underground
� attached to a building.
� 5.7 Storaae. No goods, equipment, vehicles (including
� busses, boats, motor homes, and trailers of any description) or
materials or supplies which are intended for use for nonbusiness
purposes or in connection with any trade, business or service
wherever the same may be conducted, shall be kept, stored,
dismantled or repaired outside of any building or approved fence or
permitted accessory building on any Lot, or on the street adjacent
to a Lot.
5.8 Firearms and Related Activitv. No firearms, whether for
hunting or target practice, shall be discharged in the Subdivision.
5.9 Approval of Building or Clearing Plans Required. No
Dwelling, residence, garage, building, fence, wall or other
structure shall be constructed, commenced, erected or maintained
upon a Lot, nor shall any exterior addition to or change or
alteration therein be made, nor shall a Lot be cleared or excavated
for use, nor shall any evergreen tree be cut, until after the
details and written plans and specifications showing the nature of
the construction, work, landscaping or excavation, the kind, shape,
height, materials to be used, colors and location of the same shall
(33333/33333/NIDR/86414.1) 1 1
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be submitted with the applicable fee to, and required to be
approved in writing by the Committee, as to the harmony of external
design and location in relation to surrounding structures,
vegetation and topography. If the Committee fails to act on a Lot
Owner's application within thirty (30) days the application shall
be deemed to be approved, but the failure to act by the Committee
will in no way prohibit or limit the authority of the Committee,
the Association or any Lot Owner's right to enforce the covenants,
conditions and restrictions of this Declaration.
5. 10 No Subdivision of Lot(s�. No Owner of any Lot(s) shall
be allowed to further subdivide any Lot as shown on the
Subdivision's recorded plat.
5. 11 Nuisance Prohibited. No noxious or offensive activity
shall be conducted on any Lot, or within or outside any Dwelling,
nor shall anything be done or maintained by an Owner which is in
derogation of the laws of the state of Washington, King County,
City of Renton or any other applicable governmental entity.
Nothing shall be done or maintained on any Lot or within any
Dwelling which may be or may become an annoyance or nuisance to the
neighborhood or other Owners within the Subdivision or other
� activity which may or does detract from the value of the
GO Subdivision. In no way shall an Owner use his or her Lot in a way
Owhich unreasonably interferes with the rights of the other Owners
� use and enjoyment of their respective Lots.
� 5. 12 Temporary Structures Prohibited. No structure of
� temporary character, mobile home, house trailer, tent, shack,
� basement, barn or campers shall at any time be used as a residence
Q'j temporarily or permanently. Additionally, no mobile home, house
trailer, recreational trailers, campers, boats or boat trailers,
junk vehicles, or other similar machinery or equipment of any kind
or character, shall be allowed to be stored upon any Lot.
5. 13 Garbacte. No garbage, refuse, or rubbish shall be
deposited or left on any Lot, unless placed in a suitable covered
container. Trash and garbage containers shall not be permitted to
remain in public view except on days of trash collection. No
incinerator shall be kept or maintained, and no burning of any
trash, refuse, or scrap of any kind shall be permitted.
5. 14 Pets or Animals. No animals, livestock, or poultry of
any kind shall be raised, bred, or kept; provided, however, that
dogs, cats, or other conventional domestic household pets may be
kept if they are not kept, bred, or maintained for any commercial
purposes. No domestic pet may be kept if it is a source of
annoyance or nuisance. Pets shall be attended at all times and
shall be registered, licensed, and inoculated from time to time as
required by law. Any fences constructed to confine such animals
shall meet the requirements of sections 5.4 and 5. 16 as well as any
(33333/33333/NIDR/86414.1) 1 2
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other applicable section for the erection of any fence or
structure.
5. 15 Prohibition Against Siqns. Except for entrance, street,
directional, traffic control, and safety signs, and such
promotional signs as may be maintained by Declarant, or agents or
contractors thereof, or the Association, no signs or advertising
devices of any character shall be erected, posted, or displayed
upon any Lot within the Subdivision; provided, however, that one
temporary real estate sign not exceeding six square feet in area
may be erected upon any Lot for the sale of such Lot or Dwelling.
Any such temporary real estate sign shall be removed promptly
following the sale of such Lot or Dwelling.
5.16 Fences. No fence, wall, hedge or mass planting higher
than three (3) feet in height shall be permitted to extend nearer
to any street than the minimum setback lines as set forth in
section 5.5 above, and all fencing shall be built in accordance
with the materials and dimensions as required by the Committee. No
fence, wall, hedge or mass planting shall at any time, where
permitted, extend higher than six feet above the ground.
5.17 Water Wells and Septic Tanks. There shall be no water
� wells or septic tanks on Lots. Owners shall be required at all
� times to connect their Dwellings to the public water and sewer
� facilities serving the Subdivision, and at all times to maintain
0 such facilities in good working order and repair.
ll�
Q 5.18 Mining and E�loration Prohibited. No portion of the
�1 Subdivision or any Lot thereof shall be used for the purpose of
� boring, mining, quarrying, or exploring for or removing oil or
� other hydrocarbons, minerals, gravel, precious metals or earth.
�
5. 19 Basketball Goals and Other Recreational Fixtures.
Basketball goals and other recreational fixtures shall be permitted
to be constructed on a Lot or affixed to any Dwelling, if it
reasonably conforms to the general scheme of the Subdivision.
ARTICLE 6
EASEMENTS AND OPEN SPACE
6. 1 Easements. Easements for construction, repair,
replacement, reconstruction and maintenance of utilities and
drainage facilities and of a system of street lights with
appurtenances are hereby created and established over, across and
under the f ifteen (15) feet in width of the portion of each Lot
abutting a street, the two and one-half (2�) feet in width of the
portion of each Lot abutting a line common with another Lot, five
(5) feet in width on the portion of each Lot abutting the rear
property line and for drainage facilities in the areas shown as
"Storm Easement" on the Plat. No structure, planting or other
material which may damage or interfere with the installation and
(33333/33333/NIDR/86414.1) 1 3
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maintenance of utilities or facilities, or which may change the
direction of flow of drainage channels in the easements, or which
may obstruct or retard the flow of water through the drainage
channels in the easements, shall be placed or permitted to remain
within any of these easements. The portion of these easements on
each Lot shall be maintained by the Owner of the Lot, except for
those improvements within the easements the maintenance for which
a public authority, utility company or the Association is
responsible. The areas shown as "Sanitary Sewer Easement" on the
face of the Plat are easements created for the benefit of the
municipality which provides sanitary sewer service to the Lots for
the purpose of installing, maintaining, repairing, reconstructing
and replacing a system of sanitary services with appurtenances.
The areas shown as "Private Drainage Access Easement on the face of
the Plat are easements created for the benefit of the municipality
which provides sanitary sewer service to the Lots for the purpose
of installing, maintaining, repairing, reconstructing and replacing
a system of sanitary services with appurtenances. The areas shown
as "Water Easement" on the face of the Plat are easements created
for the benefit of the municipality which provides domestic water
service to the Lots for the purpose of installing, maintaining,
repairing, reconstructing and replacing a system of water pipes,
� valves, connectors, appurtenances and equipment. The other
� easements established hereby are created for the benefit of the
� municipalities and public utilities furnishing utilities and for
0 the benefit of the Association.
L�
� ARTICLE 7
� ENFORCEMENT
�
t''� 7.1 Duration and Binding Effect. All of the covenants,
� conditions and restrictions set forth in this Declaration shall run
with and bind the land for a period of sixty (60) years from the
time of recordation of this Declaration. Every Owner by accepting
a deed to a Lot(s) , accepts the same subject to the covenants,
conditions and restrictions, and the Owner thereof covenants and
agrees thereby, on behalf of himself and his heirs, successors, and
assigns, to be bound by each of the covenants, conditions, and
restrictions jointly, separately and severally. The covenants,
conditions and restrictions shall automatically extend for
successive periods of ten (10) years, unless a two-thirds majority
of the then Owners within the Subdivision, the Association, its
members, or its board of directors have recorded an instrument,
which amends or terminates this Declaration.
7.2 Who May Enforce. The restrictions set forth in this
Declaration shall operate as covenants, conditions and restrictions
running with the land for the benefit of any and all persons who
now may own, or who may hereafter own, a Lot(s) in Stratford Place
Subdivision, and such persons are specifically given the right to
enforce these restrictions through any proceedings, at law or in
equity, against any person or persons violating or threatening to
(33333/33333/NIDR/86414.1) 1 4
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violate or circumvent any restriction, or covenant either to
restrain violation or to recover any damages suffered by them for
violations of such covenant or restriction. Additionally, the
Committee and the Association shall have the authority to enforce
any or all of these restrictions through any proceedings, at law or
in equity, against any person or persons violating, circumventing
or threatening to violate such restrictions, and to restrain
violation or to recover damages caused by the violations of such
covenant or restrictions.
7.3 Severabilitv. It is expressly understood and agreed
that if any covenant, condition or restriction contained in this
Declaration, or any portion of any such covenant, condition or
restriction, is held by a court of competent jurisdiction to be
unenforceable, illegal, invalid or void for any reason such
judgment shall in no way affect any other covenant, condition,
restriction or provision contained in this Declaration which are
declared to be severable and which shall remain in full force and
effect.
7.4 Amendment. This Declaration may not be amended except in
accordance with the Bylaws for the Association, provided that, in
no event shall anv portion of this Declaration which is required by
the City of Renton, or King County be modified by the Association
without the written consent of King County.
7.5 Applicable Law. This Declaration shall be construed in
all respects under the laws of the State of Washington.
� IN WITNESS WHEREOF �he undersig ed Declarant has executed
� this Declaration this � day of �xl' , 19�
�
t1�
, � DECLARANT:
'p'� Camwest Development, Inc. , a
� Washington corporation
�
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By: , �c.
Its: '� , �,-f-
By:
Its:
(33333/33333/NIDR/86414.1) 1 5
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STATE OF WASHINGTON )
. ss.
County of King )
I certify that I know or have satisfactory evidence that the
person appearing before me and making this acknowledgment is the
person whose true signature appears on this document.
On this /2�� day of D�i'.J� , 19��I, before me
p sonal y a eared �'�,Z('_ �,�.(,(✓�'t,/� , , to me known to be the
�re�(i'��� of Camwest evelopment, Inc. , a Washington
corporation, who executed the within and foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act
and deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that he/she was authorized to execute
said instrument and that the seal affixed, if any, is the corporate
seal of said corporation.
WITNESS my hand and seal hereto affixed the day and year first
above written. � `������`�1
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� NOTARy Notary Public n and for the
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� s ""'•� Stat of ashington, residing
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II�3IBIT"A"
LEGAL DESCRIPTION
for STRATFORD PLACE, LUA-93-067-FP
That portion of the Southeast quarter of Section 5, Township 23 North, Range 5 East,
W.M., described as follows:
Parcel A of City of Renton 'Short Plat No. 044-77, as recorded under King Counry
Recording No. 770�050534, Records of King County, Washington;
Together with the West 125 feet of the North 30u feet of Tract 214 of C.D. Hillman's
Lake Wastungton Garden of Eden Division No. 4, as per plat recorded in Volume 11 of
Plats, Page 82, Records of King County.
93524.DOC/bh
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