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HomeMy WebLinkAboutRC 20160829000110 RETURN TO: CITY QF I�ENTOI�i ����������� City Clerk Division 1055 South Grady Way, Su�te 728 PAGE-001ROFT022C�V 1s�.�� Renton, WA 98057 08t29t2@26 09:49 KING COUNTY, WA i i�?CCiSE �S(�T RE�UIREQ �oards oivi�oa � �^ ,� , y � UOCUMENT TITLE(S): � - DECLARATIUN OF C4VENAN'I'S, CONDITIONS,RE5TRICTIONS AND EASEMENTS FOR NANTUCKET SHOF.T PLAT. I2.EFERENCE NUMBER(S)OF DOCUMENTS ASSIGNED OR RELEASED: N/A Additional reference numl3ers are on page I'+1/A of dacument. DECLA.RA.1vT: C�,�4,j+/�"G'f2--: Renton Park Ave LLC,a Washington limited liability company �"'�.2'.��i s�"- �d t�e�F' ,P-�"�t/?'�}1*.� Additional names on page N/A ofdocument. LEGAL DESCRIPTION: (abbreviated i.e. lot, block,plat,section,township,and range) Nantucket Short Plat; SE 1/a, SW '/4, Sec, 32,T.24N.,R.S.E,, W.M. '�� �I�-� � - ���� �� � � 1 � - ��.f�?,� Pa�e I af 22 DECLARATION C1F COVENANTS,Ctl►NDITICINS, RESTRICTIUNS AND EA�EMENTS FUR NANTUCI�ET SHORT PLAT THIS DECLARATIGN is made this 2"d day of August, 2016, by Renton Park Ave LLC, a Washington limited liability company (hereinafter collectively referred to as "Declarant"}. Declarant is the awner of certain land situated in the City c�f Renton, King County, Washing#c�n, legally described an attached Exhibit A, which includes Lots 1 thraugh 8 and Tract A and designated Private Easement Areas{the"Plat"). This Declaration establishes a plan for the private ownership of the eight {8} lots in the Plat and the single family homes to be constructed on those Lats and for the shared ownership by the Qwners (defined below) as tenants in common of the Common Area Tracts (defined below). Declarant is alsQ creating the Association {defined below) comprised of the Owners for the putpose af maintaining and aperating the Commc�n Areas {defined below), administering a.nd enforcing the cavenants, conditivns and restrictians stated in this Declaration, delegating and assigning duties among the Uwners and the Associatic�n, and collecting and disbursing assessments and charges from the 4wners. The L?eclaration further establishes the right and power of the Associatifln to levy general and special assessments on each C?wner to finance the canstruetion and maintenance of improvements to the Common Areas and to effectuate al] of the pawers and duties of the Assaciation, as described herein. The Declaration fizrther establishes certain restrictions on the various uses and activities t�at may be permitted on the Property,and further establishes the right of the Associatian to promulgate rules and regulatians which rnay further de�ne and limit permissible uses and activities consistent with the provisions of this Declaration. NOW, THEREFURE, the undersigned hereby covenants, agrees and declares that all of the Property, as defined herein, and the buildings and structures hereafter constructed thereon, are and will be held, sold and conveyed subject to and burdened by the following covenants, conditians, restrictians and easements, all of which are for the purpose of enha.ncing and pratecting the value, desirability and attractiveness of the Property, and all far the benefit af the Qwziers thereof, their heirs, successors, grantees and assigns. All provisions of this Declaration shall be binding upon all parties having or acquiring any right, title or interest in the Property, or any part thereof, and shall inure to the benefit of the Qwners thereaf and ta the benefit of the Association, and are intended to be and shall in a11 respects be regarded as covenants running with the land. ARTICLE 1.-DEFINITIONS 1.i "Association" shall mean and refer to the Renton Park Ave Hameowners Association, a Washington nanprofit corporation, and its successors and assigns. 1.2 "Association Action" shall mean and refer to a written carparate action of the Association in the form of either a Bylaw or resolution duly adopted ar approved by either the Board or the Owners, as appIicabie. Page 2 pf 22 1.3 "Board" shall mean and refer to the Board of Directors of the Association. 1.4 "Buildin�" or "Home" shall mean the single-family residence constructed on a Lot, together with the appurtenant landscaping, fences, garages and driveway located on any portion of such Lot. 1.5 "Common Areas" shall mean and refer to both (a) all portions of the Property owned by the Owners, as tenants in common, for the common use and enjoyment of the Owners; including landscaping and other utility systems which may be located on or in the Common Areas or between the Common Areas and the streets or on or in other public or utility easements, and (b)those portions of the Property owned by the tenants in common for the common use and enjoyment of the Owners, including Common Area Tract A. 1.6 "Declarant" shall mean and refer to Renton Park Ave LLC, a Washington limited liability company, its successors and assigns. 1.7 "Declaration" shall mean and refer to this instrument, as the same may be supplemented or amended from time to time. 1.8 "EasemenY' shall mean any easements of record, shown on the Plat, or granted in this Declaration, including an easement for ingress, egress, drainage, and utilities over Tract A, lots 2 & 3, lots 4 through 8, storm water facilities easement to City of Renton/King County, easement for electric transmission and distribution line facilities to Puget Sound Energy, and street frontage utility easements. In addition, the Association shall have an easement to perform all Association functions authorized by this Declaration including performing maintenance on any Lot if an Owner fails to do so, and for maintaining any fencing, landscaping, utilities, or Common Areas. 1.9 "Governin� Documents" shall mean and refer to this Declaration and the Articles of Incorporation, Bylaws and Rules of the Association, as any of the foregoing may be amended from time to time. 1.10 "The Pronertv" shall mean and refer to that certain real property described on Exhibit A aitached hereto, being commonly referred to as Lots 1 through 8 of the Plat. 1.11 "Lot" shall mean each of Lots 1 through 8 of the Plat. 1.12 "Mort�a�e" shall mean and refer to any recorded mortgage or deed of trust encumbering one Lot. "First Mortgage" shall mean and refer to a Mortgage with priority over all other Mortgages. 1.13 "Mort�a�ee" shall mean and refer to the holder or beneficiary of any Mortgage and shall not be limited to Institutional Mortgagees. As used herein, the term "Institutional Mortgagee" or "Institutional Holder" shall include banks, trust companies, insurance companies, mortgage companies, mortgage insurance companies, savings and loan associations, trusts, mutual savings banks, credit unions, pension funds, Federal National Mortgage Association Page 3 of 22 ("FNMA"), Federal Home Loan Mortgage Corporation ("FHLMC"), Federal Housing Administration ("FHA"), all corporations and any agency or department of the United States Government or of any state or municipal government. 1.14 "Owner" shall mean and refer to the record owner (whether one or more persons or entities) of a fee interest in any Lot, but excluding Mortgagees or other persons or entities having such interest merely as security for the performance of an obligation. Purchasers or assignees under recorded real estate contracts shall be deemed Owners as against their respective sellers or assignors. 1.15 "Plat" shall constitute the Real Property referred to as Lots 1 through 8 of the Nantucket Short Plat including Tract A, Lots 2 & 3 Private Access Area, and Private Road described as Garden Ave North, recorded in King County under Recording Number ?.�/[oa�21��900d0 � . 1.16 "Sin�le Familv" shall mean and refer to both (a)a single housekeeping unit of related individuals, or(b)not more than four(4)adults who are not legally related. 1.17 "Structure" shall mean any building, fence, wall, driveway, walkway, patio, or any other improvements of a Parcel. 1.18 "Utilitv/LJtilities" shall mean common utilities such as gas, electric, sewer, water, detention system, gutters or downspouts, phone, cable, security systems and any other utility which is routed or placed either above or below ground. ARTICLE 2.—STATUS OF PROPERTY 2.1 There are eight (8) lots in the Property and one Home will be constructed on each Lot. There is also one (1) Tract, known as Tract A for Common Areas, Lots 2 & 3 Private Access Area, and Lots 4 through 8 private road, referred to as Garden Ave N, as shown on the Plat. ARTICLE 3.—OWNERS ASSOCIATION 3.1 Descrintion 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 power prescribed by law and set forth in the Governing Documents, 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 shall, within ninety (90) days of execution of this Declaration, select an initial Board of not fewer than three (3) persons who 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, and shall be subject to all provisions of the Governing Documents. The term of the initial directors of the Board shall expire at the Page 4 of 22 first annual meeting of the Association following their appointment by Declarant. The Board shall elect officers of the Association from among the Board members, which shall include a President who shall preside over 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 to which it relates. Membership shall not be separated from ownership of the Lot to which it relates. 3.4 Votes Annurtenant to Lots. The Association shall have two classes of voting membership: 3.4.1 Class A. Class A members sha11 be all Owners with the exception of Declarant. Each Owner shall be entitled to one vote for each Lot owned. 3.4.2 Class B. The Class B member shall be the Declarant who shall be entitled to three (3) votes for each Lot owned by Declarant. The Class B membership shall cease and be converted to Class A membership on the happening of the eazliest to occur of the following events: (i)ten (10) years after the first Lot is sold by Declarant; or (ii) when the total votes outstanding in the Class A membership exceed the total votes outstanding in the Class B membership, which shall be upon the closing of the sale of eight (8) Lots to Owners other than Declarant, Declarant's construction lender, an affiliate or either of them, or a purchaser of several Lots in bulk; or (iii)upon written notice by Declarant to all other Owners. If Owners own more than one (1) Lot, then they shall have one {1) vote for each Lot owned. A vote shall be appurtenant to and held and owned in the same manner as the beneficial fee interest in the Lot to which it relates. A vote sha11 not be separate from ownership of the Lot to which it relates; provided, however, that when more than one (1)person or entity holds the beneficial fee interest in any Lot, the vote therefor shall be cast as the Owners among themselves determine, but in no event shall more than one (1) vote be cast with respect to any Lot; and if the several Owners of a Lot are unable to agree as to the casting of their vote, such vote shall not be counted. 3.5 Owner's Comvliance with Governin� Documents. By acceptance of a deed to a Lot, execution of a contract therefor, or any other means of acquisition of an ownership interest, whether or not it shall be so expressed in any such deed or other instruments, the Owner thereof covenants and agrees thereby, on behalf of themselves and their 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. 3.6 Rules and Re�ulations. 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 far the violation of such rules and regulations, including but Page 5 of 22 not limited to suspension of the right to use the Common Areas or portions thereof. Any such rules and regulations shall become effective thirty (30) days after promulgation or amendment and shall be mailed to a11 Owners within thirty (30) days after promulgation or amendment. A copy of the rules and regulations then in force shall be retained by the Secretary of the Association and shall be available for inspection by any Owner during reasonable business hours. Such rules shall have the same force and effect as if set forth herein. ARTICLE 4. - ASSOCIATION BUDGET,ASSESSMENTS AND LIENS 4.1 Owner's Covenant to Pav Assessments. By acceptance of a deed to a Lot, execution of a contract therefor, 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 themselves and their heirs, successors and assigns, to pay the Association, in advance, all general and special assessments levied as provided herein. 4.2 Association Bud�et. The Association shall prepare, or cause to be prepared, an operating budget for the Association at least annually, in accordance with reasonable accounting principles, consistently applied. The operating budget shall set forth all sums required by the Association, as estimated by the Association,to meet its annual costs and expenses relative to the eight (8) lots in the Plat, including: all management and administration costs; the cost of any lighting or other utilities supplied to the Common Areas; expenses of maintaining landscaping within the Common Areas, entry planters, and entry signs; expenses relating to the management, maintenance and operation of the Common Areas; the cost af insurance including liability insurance for the Common Areas, director and officer liability insurance, and fidelity insurance; charges for any services furnished by or to the Association; the cost of any shared utilities or utilities relating to the Common Areas; and the cost of funding all reserves established by the Association, including, when appropriate, a general operating reserve and a reserve for replacements. The funds required to meet the Association's annual expenses shall be raised from a general assessment against each Owner and Lot 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 to take into account and defray additional costs and expenses of the Association. 4.3 Ratification of Bud�et. Within thirty (30) days after adoption by the Board of any proposed regular or special budget of the Association, the Board shall set a date for a meeting of Owners to consider ratification of the budget. The meeting shall be scheduled not less than fourteen (14) or more than sixty (60) days af�er the Board mails to the Owners a summary of the applicable budget. Unless at a meeting the Owners of a majority of the votes in the Association reject the budget, the budget is ratified, whether or not a quorum is present. In the event a budget is rejected, the budget last approved by the Owners shall apply until a new budget is ratified by the Owners as provided herein. 4.4 Levv of General Assessment. To meet the costs and expenses projected in its operating budget, the Association sha11 determine and levy a general assessment, in advance, on every Owner. The amount of each Owner's general assessment shall be the amount of the Page 6 of 22 � • Association's operating budget divided by the total number of Lots. Notice of the general assessment shall thereupon be sent to each Owner; provided, however, that notification to an Owner of the amount of an assessment shall not be necessary to the validity thereof. Upon any revision by the Association of the operating budget during the assessment period for which such budget was prepared, the Association shall, if necessary, revise the general assessment levied against the Owners and give notice of the same in the manner as the initial levy of a general assessment for an assessment period. 4.5 Pavment of General Assessment. The Association may require that installments of general assessments be paid on a monthly, quarterly, semi-annual or annual basis. Any Owner may prepay one (1) or more installments on any assessment levied by the Association without premium or penalty. 4.6 Non-Discriminatorv Assessment. Subject to Section 4.7 below with regard to Lots owned by Declarant, assessments shall be made on a uniform and nondiscriminatory basis. 4.7 Commencement of Assessments. T'he general assessments provided for herein shall commence as to all Lots on the day of conveyance of the first Lot; provided that the Developer may, at its option, delay the commencement of assessments on Lots owned by Declarant and instead pay any shortfall in the Association expenses. The due dates of any special assessment payments shall be fixed by the Association at the time of authorizing such special assessment. 4.8 Certificates of Assessment Pavment. Upon written request, the Board shall furnish written Certificates certifying the extent to which assessment payments on a specified Lot are paid and current to the date stated therein. Issuance of such Certificates 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. 4.9 Snecial 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, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, inordinate repair or replacement of a described capital improvement located upon or forming a part of the Common Areas, including necessary fixtures and personal property related thereto, or for such other purpose as the Association may consider appropriate; provided, however, that any such assessment must not have been rejected by a majority of the votes of Owners as described in Section 4.3 above. 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. 4.10 Effect of Non-Pavment of Assessment. If any assessment is not paid in full within thirty (30) days after it was first due and payable, there shall be assessed a late payment charge of the greater of$25 or five percent(5%) of the assessment, and the unpaid amounts shall constitute a lien against the Lot assessed and shall bear interest from such due date at the rate of twelve percent (12%) per annum until paid. By acceptance of a deed to a Lot, execution of a contract therefor, or any other means of acquisition of an ownership interest, and whether or not Page 7 of 22 it shall be so expressed in any such deed or other instrument, each Owner shall be deemed to grant thereby to the Association, its agents and employees, 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 foreclosed against. 4.11 Lien to Secure Pavment of Assessments or Individual Exnenses Char�ed to the Owner. Declarant hereby perpetually creates in the Association the power to create a lien in favor of the Association against each Lot, to secure to the Association the payment to it of all assessments, maintenance, repair or replacement expenses chargeable to a Lot Owner, interest, costs and attorneys fees; and Declarant hereby perpetually subjects all Lots to such power of the Association. Such lien sha11 arise in accordance with the terms of this Declaration without the necessity of any further action by the Association, 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 at the time of the assessment. The personal obligation to pay a prior assessment shall not pass to successors in interest unless expressly assumed by them; provided, however, in the case of a sale or contract for the sale of any Lot which is charged with the payment of an assessment, the person or entity who is the Owner immediately priar 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. 4.12 Suspension for Non-Pavment 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 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 liability for assessments by non-use of the Common Areas or by abandonment of a Lot. 4.13 Reserves for Renlacement. As a Common Expense, the Association mav elect to establish and maintain a reserve fund for majar repairs to or replacement of the Common Areas and any improvements thereon by the allocation and monthly payment to such reserve fund of an amount to be designated from time to time by the Association. Any reserve fund shall either be deposited with a banking institution, the accounts of which are federally insured or, in the discretion of the Association, shall be invested in obligations of, or fully guaranteed as to principal by, the United States of America. The reserve fund shall be expended only for the Page 8 of 22 purpose of affecting the major repair to or replacement of the Common Areas and any improvements thereon developed as a part of the Property, as well as operating contingencies of a nonrecurring nature. The Association may establish such other reserves for such other purposes as it may from time to time consider necessary or appropriate. The proportional interest of any Owner in any such reserves shall be considered an appurtenance of their Lot and shall not be separately withdrawn, assigned or transferred, or otherwise separated from the Lot to which it appertains, and shall be deemed to be transferred with such Lot. 4.14 Additional Oneratin� Reserve. In addition to the reserve fund which may be created under Section 413 above, the first time a Lot is sold or conveyed, such first Owner shall pay to the Association an amount equal to one-sixth of the annual general assessment. The Association may use this payment as a working capital reserve and it is not a deposit or an advance payment of assessments. ARTICLE 5. - SUBORDINATION OF LIENS 5.1 Intent of Provisions. The provisions of this Article 5 apply for the benefit of each Mortgagee who lends money for purposes of construction or to secure the payment of the purchase price of a Lot. 5.2 Mort�a�ee's Non-Liabilitv. The holder of a Mortgage shall not, by reason of the security interest only, be liable for the payment of any assessment or charge, or for the observance or performance of any covenant or restriction, except only those enforceable by equitable relief and not requiring the payment of money, and except as hereafter provided. 5.3 Mortsa�ee's Ri�hts durine Foreclosure. During the pendency of any proceeding to foreclose a Mortgage, including any period of redemption, the holder of the Mortgage, or the receiver, if any, may exercise any or all of the rights and privileges of the Owner of the encumbered Lot, including but not limited to the right to vote in the Association to the exclusion of the Owner's exercise of such rights and privileges. 5.4 Mort�a�ee as Owner. At such time as a Mortgagee shall become the record Owner of the Lot previously encumbered by the Mortgage, the Mortgagee shall be subject to all of the terms and conditions of this Declaration, including the obligation to pay for all assessments and charges in the same manner as any Owner. 5.5 Mort�a�ee's Title Free and Clear of Liens,. A Mortgagee ar other secured party acquiring title to a Lot through foreclosure, suit, deed of trust sale, deed in lieu of foreclosure or equivalent method, shall acquire title to the encumbered Lot free and clear of any lien authorized by or arising out of the provision of this Declaration, insofar as such lien secures the payment of any assessment or charge installment due but unpaid for the period of more than six (6) months prior to the date of such mortgage acquiring title to a Lot befare the final conclusion of any such proceeding, including the expiration date of any period of redemption. Such party so acquiring title shall be responsible for six (6) unpaid assessments for the most recent six (6) months before the month in which it so acquired title. The Association may treat any unpaid assessments against a Lot foreclosed against as a Common Expense, in which case it shall prorate such Page 9 of 22 unpaid assessments among the remaining Lots, and each such remaining Lot shall be liable far its prorated share of such expense in the same manner as for any other assessment. 5.6 Survival of Assessment Obli�ation. After the foreclosure of a security interest in a Lot, any unpaid assessments shall continue to exist and remain as a personal obligation of the Owner against whom the same was levied, and the Association shall use reasonable efforts to collect the same from such Owner. 5.7 Subordination of Assessment Liens. Except as provided herein, the liens for assessments provided for in this Declaration shall be subordinate to the lien of any Mortgage or other security interest placed upon a Lot as a purchase price security interest; and the Association will, upon demand, execute a written subordination document to confirm the particular superior security interest. The sale or transfer of any Lot or any interest therein shall not affect the liens provided for in this Declaration except as otherwise specifically provided for herein. ARTICLE 6. -USE COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS 6.1 Authorized Uses. The Property shall be used solely for residential purposes. 6.2 Approval of Buildin� or Clearin� Plans ReQuired. No home, fence, wall or other structure shall be commenced, erected or maintained upon a Lot or any other portion of the Property, nar shall any exterior addition to, change or alteration therein be made, until after the details and written plans and specifications showing the nature, kind, shape, height, materials, colors and location of the same shall have been submitted to and approved in writing by the Architectural Control Committee as described in Article 11 below and the City of Renton. 6.3 Leasin� Restrictions. No home may be leased or rented by any party for a period of fewer than thirty (30) days, nor shall less than the whole of any Home be leased or rented. Each lease or rental agreement shall be in writing and shall by its terms provide that it is subject in all respects to the provisions of the Governing Documents. Any failure by a lessee to comply with the terms of the Governing Documents shall be a default under the lease, whether or not it is so expressed therein. Other than the foregoing, there is no restriction on the right of any Owner to lease their home. 6.4 Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept; provided, however, that dogs, cats or other conventional 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 a nuisance. The Association shall have the authority to determine whether a particular pet is a nuisance or a source of annoyance, and such determination shall be final and conclusive. Pets shall be attended at a11 times and shall be registered, licensed and inoculated from time to time as required by law. When not confined to the Home, pets must be accompanied by a responsible person and be on a leash. Each Owner must accompany their animal(s) to remove animal waste deposited on Common Areas or the other Lots including the Common Area Tracts. The failure to do so may result in fines from the Association. The Association shall have the responsibility for preparing and distributing the fine schedule. Page 10 of 22 _��.� 6.5 Commercial Uses. No comrnercial enterprise, including itinerant vendors, shali be permitted on any Lot ar in any home; provided, however, that the Assaeiation may permit specified home occupatians as listed by the �ity of Rentan to be canducted if allowed by law and if such accupatian wiil not, in the reasonable judgment of the Association, cause traffic cangestion or other disruptian of the Renton Park Ave Community. 6.6 Recreationai Vehicies. Na boats, trailers or recreational vehicles shal� be stored or kept on any Lot for a period af more than twenty-four {24} hours, unless said boat, trailer or recrea#ional vehicle is enclosed ar screened such that it is not visible fram any street or any ather Lat in the plat. 6.7 Parkin�. No vehicles may be parked on any roads or streets in the Property, inctudang the private easements, except as nated on the Plat or as designated by the City of Rentan. Vehicles may only be parked in garages and driveways Ic�cated an an Owner's awn Lot. Visitor parking is permitted on driveways for reasonable period of time. RV's shall be screened to minimize the visibility of the RV. No vehicle may be parked in a manner which blocks or impairs another 4wner's vehicular access to their Parcel. 6.$ Garba�e. All garbage, refuse and rubbish shall be deposited in a suitable cavered container. Trash and garbage containers shall not be permitted to remain in public view except on days of trash collection. Na incinerator shall be kept ar maintained, and no burning of any trash,refuse or scrap af any kind shall be permitted. 6.9 Utilities Under�round. Except for hoses and the like which are xeasonably necessary in connection with normal lawn maintenance, na water pipe, sewer pipe, gas pipe, drainage pipe, telephone, pawer, television or similar transmission line shall be installed or maintained above the surface of the ground. 6.10 Si ns. Except for entrance, street, directional, traf#"ic control and safety signs, no signs or advertising devices of any character shall be erected, posted ar displayed upon, in or about the Praperty; provided, hawever, that one (1} temporary real estate sign r�at exceeding six (6) square feet in area may be erected upan any Lot or attached to any home (at a location approved by the Board) placed upon the market for sale or lease, Any such temporary real estate sign shall be removed promptly following the sale ar renta.l of such Lot. This prahibition shall not prohibit entrance signs identifying the Renton Park Ave Community, or initial community marketing signs ereeted by the Declarant or his assigns during the initial sales of the Lots azZd Homes in the Community. No signs of a political nature may be placed an ar visible from any Lot or Home, except for political yard signs placed by an Owner or resident befare any primary or general election. 6.11 No Obstruction af Easements. No structure, planting or other material shall be placed or permitted to remain upon any portian of the Property which may damage or interfere with any easement, private road, or the installation af maintenance of utilities, or which may reasanably change, abstruct ar retard direction of flow of any drainage channels. Page 11 of 22 6.1 Z Antennae and Satellite Dishes. No external short wave or citizens' band antennae, free-standing or roof antenna towers, of any kind shall be permitted in the Property without the written consent of the Association. However, satellite dishes may be installed in accordance with FTC regulations, but not on fences, deck railings, roof tops, or street side elevations. Notwithstanding the foregoing, a satellite dish may be installed in the street side yard or front yard of the property when that is the only location where the Owner can receive an acceptable quality of signal. The Owner shall take reasonable steps to screen the satellite dish with plants and shrubs without interfering with the signal. Owners' Maintenance Resnonsibilities. The maintenance, upkeep and repair of individual Lots and homes shall be the sole responsibility of the individual Owner thereof. The Owners of Lot 2 and 3 shall bear the sole responsibility for the maintenance, upkeep and repair of the shared Private Access Easement area and all appertunances as noted in the Plat. The Owners of Lots 4 through 8 shall bear the sole responsibility for the maintenance, upkeep and repair of private road described in the Plat as Garden Ave N and all appertunances not owned by the City of Renton, as specified in the Plat. Owners shall maintain their Lots and any and all appurtenances thereto in good order, condition and repair, and in a clean and sanitary condition at all times. Without limitations to the foregoing, each Owner shall be obligated to promptly complete and maintain the landscaping on their Lot, in side or backyard areas, in a healthy and attractive state and in a manner comparable to that on the other Lots. In the event an Owner fa.ils to maintain or repair the landscaping in areas visible from the street, or the Private Access area, or the Private Road described as Garden Ave N, the Association may, at its option, maintain the landscaping, Private Access area, or the Private Road known as Garden Ave N and charge the offending Owner(s) for the cost of that maintenance or repair. The Association shall have an easement over those portions of the Lots as may be required to perform such landscaping and maintenance. 6.13 Association Maintenance and Landscane Easement. The Association shall maintain all Common Areas including Tract A in accordance with the requirements of the Plat and shall include the cost of that maintenance in the Association Budget adopted pursuant to Section 4.2 above. 6.14 Weanons. No firearms of any kind ar nature, including rifles, handguns, bows, slingshots, BB guns, slings, traps or any other like weapon, shall be used or discharged within the Property. 6.15 Nuisances Prohibited. No noxious or offensive trade or activity shall be conducted in any portion of the Property, nor shall anything be done or maintained therein in derogation or violation of the laws of the State of Washington, the City of Renton, or any other applicable governmental entity. Nothing shall be done or maintained on any portion of the Property which may be or become an annoyance or nuisance to the neighborhood or other Owners, or detract from the value of the Renton Park Ave Community. The Association shall determine by Association action whether any given use of a Lot or home reasonably interferes with the rights of the other Owners to the use and enjoyment of their respective Lots and homes, or of the Common Areas, and such determinatian shall be final and conclusive. Page 12 of 22 6.16 Fences. No fence, wall, hedge or mass planting, other than a foundation planting, shall be permitted to extend beyond the front line of the house; provided, further, that no fence, wall, hedge or mass planting shall extend higher than six feet (6') above the ground in the rear, and four feet (4) in the front per City Code. Except for any fences which have been originally installed by Declarant, all fences or wa11s sha11 be of cedar or shall be black coated chain link, and shall be a "good neighbor" type (finished equally on both sides) and when adjoining on adjacent lots, every attempt shall be made to match or blend designs. The Association shall maintain, repair, replace,paint or stain as an Association expense, any fence which is located in a Common Area or which abuts a Common Area or landscape easement. Fences along the common boundary between adjoining Lots shall be jointly maintained by the Owners of those adjoining Lots. Fences located on a Lot boundary which does not abut a Common Area shall be maintained by the Owner of the subject Lot. 6.1? Sheds. Sheds and other structures permitted under the applicable City of Renton Building Code shall be constructed in such a way as to be complementary in color, materials and design with the residence on each Lot. All structures must also be in compliance with approved architectural standards, including approval by adjoining Lot Owners pursuant to Article 11 herein and all City requirements. ARTICLE 7. -COMMON AREAS AND STORM DETENTION FACILITIES 7.1 Title to Common Areas. The Owners shall each own an undivided tenancy in common interest in the Common Areas designated as separate tracts on the Plat, including but not limited to Tract A. The Owners of Lot 2 and 3 shall each own an undivided tenancy in common interest in the Private Access area. The Owners of Lots 4 thought 8 shall each own an undivided tenancy in common interest in the Private Road designated as Garden Ave N. 7.2 Owners' Common Ri�hts. Upon its creation as a Common Area, every Common Area shall be subject to an easement of common use and enjoyment in favor of the Association and every Owner, their heirs, tenants, successors and assigns, in accordance with the terms and conditions of the Governing Documents. Such easement shall be appurtenant to and shall not be separated from ownership of any Lot, and shall not be assigned or conveyed in any way except upon the transfer of title to such Lot, and then only to the transferee of such title, and shall be deemed so transferred and conveyed whether or not it shall be so expressed in the deed or other instrument conveying title. 7.3 Maintenance of Common Areas. The Association shall maintain, repair, replace, improve and otherwise manage a11 of the Common Areas, if any, so as to keep them in good repair and condition, and shall conduct such additional maintenance, repair, replacement, construction or reconstruction as may be determined pursuant to Association action to promote the recreation, health, safety and welfare of the Owners. Any action necessary or appropriate to the maintenance and upkeep of the Common Areas, including or as well as the storm detention area and facilities on Tract A, any and all Common Area landscape areas along and any utility facilities applicable to the Common Areas shall be taken by the Association unless conveyed and accepted by the City of Renton. The portion of the expense allocable to the Lots of maintaining, Page 13 of 22 repairing, replacing, improving and managing any Common Area shall be shared by Owners on the basis described in Section 4, regardless of where such Common Area is located. This obligation shall include the expense of repairing, replacing, improving and managing the items described above. The Declarant has posted a Maintenance Bond as required by the City of Renton. If the Association fails to maintain Tract A in the same condition as it was at the time of turnover during the bonded maintenance period, Declarant has the right to hire a licensed vendor and bill the Association for direct costs. Non-payment by the Association may result in Declarant placing a lien against all properties within the Association until such time as the maintenance bond is released by the City. 7.4 Street Li�ht within the Plat. N/A. 7.5 Citv of Renton Anproval. The City of Renton shall reserve the right to approve any amendment or modification that will affect the maintenance or operation of the Common Areas, privately maintained storm water facilities, and street lights that are under the control of the Association. ARTICLE 8.—PRIVATE STORM DRAINAGE EASEMENT 8.1 Private Storm Draina�e Easement. All Lots shall be benefited and burdened by easements for those portions of the Storm Water Drainage Facilities which are located on or which serve those Lots, including catch basins and drain lines. The Association shall be responsible for the maintenance, repair and replacement those portions of the Storm Water Drainage Facilities which are located on such Owner's Lots. The Association may specially assess any Owner for the cost of repairing damage to the Storm Water Drainage Facilities which the Association determines was caused by such Owner or his or her occupants. ARTICLE 9. —MAINTENANCE 9.1 Maintenance of Pronertv. Each Owner shall, at his ar her own expense, keep the Lot owned by such Owner, and all improvements therein and thereon, in a clean and sanitary condition, free of rodents and pests, and in good arder and repair, and free of debris, in a manner and with such frequency as is consistent with good property management, and as is consistent with the level of maintenance maintained by the other Owners, whichever standard is higher, and shall do all redecorating, painting, landscaping and maintenance at any time necessary to maintain the good appearance and condition of the Lot and Home. Each Owner shall maintain the yard and landscaping improvements located on their Lot within each respective fenced area, including lawn mowing, fertilizing (being mindful and respectful of the health and safety of other Owners' pets) and pruning the grass, shrubbery, trees and other plantings on a rautine basis in accordance with good customary residential yard maintenance practices within the Plat, and shall be mindful of view corridors available to the adjoining Owners in the placement of trees, shrubs and other vegetation. Page 14 of22 9.2 Utilities within Parcels. Each C}wner shall maintain all utility facilities located on his or her Lot up to the cannectian with the main line except the Cammon Area Starm Drainage Facilities which the Association shall maintain. ARTICLE 14. - INSURANCE 10.1 Qwner's Insurance. Each Owner shall continuously maintain in effect insurance with respect to their Lat aiad Hc�me covering casualties and liabilities typically covered by homeowners insurance. Casualty insurance must be in an amo�nt equal to t1�e entire cost of rebuilding or replacing the insured Home. 10.2 Reconstruction. ln the event of damage or destruction by fire or other casualty tQ any Home or other insurable improvements on a Lot, the Clwner thereof shall, upon receipt of insurance proceeds, promptly repair or rebuild such damage or destroyed portions of the Home and such other imprflvements in a good and workmanlike maru�er substantially in accordance with the original plarns and specifications for the home and other improvements. 10.3 Assaciatic�n Insurarice. Cc�mmencing not later than the closing of the first conveyance of a Lot to a person other tl�an Declarant or an affiliate of Declarant, the Association shall maintain, ta the extent reasanably available: (a)commercial general liability insurance, {b)liability insurance far directors and c�fficers, and (c) such other insurance as the Board deems advisable, The Board sha11 review at least annually the adequacy of the Association's insurance coverage. All insurance shall be abtained from insurance carriers that are generally acceptable for similar projects, autharized to do business in the state of Washington, and meet the specific requirements of FNMA, FHA or VA, so long as any of them is a Mortgagee ar C?wner af a Lat, except to the extent such coverage is not available pr has been waived in writirig by them. All such i�surance policies shall provide that coverage may not be cancelled or substantially reduced without at least forty-five (45} days' prior written natice (ten [1Q] days for cancellation for nonpayment af premium)to the Association as the first named insured therein. The liability insurance coverage shall insure the Baard, the Associatian, the Owners, the Declarant and any property manager engaged by the Associatian, and shall cover all of the CQmmnn Areas in the Plat with a"Severability of Interest Endorsement" ar equivalent coverage which would preclude the insurer fro�n denying the claim af an Owner because of the negligent acts of the Association or af anather Clwner, and shall cover liability t�f the insureds far property damage and bodily injury and death of persons arising out t�f the aperation, maintenance and use of the Cornmon Areas, and such other risks as are customarily cavered with respect to residential communities af similar size, construction, location and use, The lirnits of liability shall be in a2nounts generally required by Mortgagees for projects of similar construction, location and use, but shall be at least 4ne Million Dflllars($1,OOQ,OQO)combined single lirnit for bodily injury and property damage per occurrence,and Two Million Dollars($2,OQ0,400)general aggregate. ARTICLE 11.—ARCHITECTURAL CONTRQL 11.1 General. Na irnprovements (including staking, clearing, excavation, grading and other site work), exterior alterati+an of existing improvements (including painting�, placement or Page 15 of 22 posting of any object or thing on the exterior of any Lot or the Common Areas (e.g., fences, signs, antennas, satellite dishes, clotheslines, playground equipment, lighting, temporary structures, artificial vegetation, exterior sculptures and fountains) shall take place except in compliance with this Article, Article 6, and with the approval of the appropriate committee under Section 11.2. An Owner may remodel or redecorate the interior of his or her Hame in any manner desired and, subject to Section 9.2 above, repaint the exterior of structures in accordance with the originally approved color scheme ar rebuild structures in accordance with originally approved plans and specifications without approval under this Article; however, modifications to the interior of screened porches, patios and similar portions of a Lot visible from outside the Lot shall require approval under this Article. Each Home shall incorporate a minimum two (2) car garage, designed and constructed as an integral part of the Home. Each Home constructed on a Lot sha11 be designed by and built in accordance with the plans and specifications of a building designer, licensed architect or engineer. All Homes shall be constructed of new conshuction materials on-site, unless otherwise approved by the appropriate committee under Section 11.2, and shall be constructed in compliance with all applicable building codes. This Article shall not apply to (a)activities of Declarant, or (b) improvements or modifications to the Common Areas by or on behalf of the Association. This Article may not be amended without Declarant's written consent so long as Declarant owns any Lot. 11.2 Architectural Review. A committee of Lot Owners ("Owner ACC") shall review applications for construction and modifications under this Article. T'he Owner ACC may establish reasonable fees for review of applications by the Owner ACC and their consultants, if any, and require them to be paid by the Owner submitting such application prior to review. The Owner ACC sha11 consist of three (3) Owners whose properties adjoin or face the applicant's property, (roads and easements within the Property shall not be considered for the purpose of determining which Lots adjoin one another), and the Owner ACC shall have exclusive jurisdiction over all original construction of any Lot. A decision by a majority of the three (3) members of the Owner ACC to approve an application from an Owner shall be final and binding upon the Owners. Until all Lots have been developed and conveyed to Owners other than Declarant, an affiliate of Declarant, or builders intending to resell the Lot in the normal course of development and sale, Declarant may appoint all members of the Owner ACC who shall serve at Declarant's discretion. After a11 Lots have been developed and conveyed to the Owners other than the Declarant, an affiliate of Declarant, or builders intending to resell the Lot, or earlier at Declarant's option, the members of the Owner ACC appointed by Declarant shall resign, and the Owners will appoint new Owner ACC members each time an application for construction work or modifications is submitted, at which time the Owners shall determine which Lots adjoin the applicants property, and the adjoining Lot Owners shall be appointed. The Owner ACC shall Page 16 of 22 also have exciusive jurisdiction over modificatians, additions or alterations made an or tc� existing Homes and other structures an Lots. 11.3 Guidelines and Procedures. Declarant may prepare initial design, development and construction guidelines and application a�d review procedures (the "Residential Design Guidelines"}, which may contain general provisions applicable to all of the Lots and specific provisions which vary from ane Lot to another depend�ng upon the location, eharacteristics and intended use thereof. Plans and specifications shawing the nature, kind, shape, calor, size, materials and location of all proposed construction and madifications shall be submitted to the 4wner ACC for review and approval. In reviewing each submission, the Qwner ACC may consider the quality of workmanship and design, harmany of external design with existing structures, and location in relation to surrounding str�zctures, topagraphy and finish grade eievatian, and other factars,as well as any Residential Design Gruidelines. 11.4 Na Waiver c�f Future A�brovals. The approval of any proposals, plans, specifications,drawings or other matters in any one instance sha11 nat be deemed a waiver af any right to withhold subsequent appraval of any similar proposals, plans, specifications, drawings or matters. 11.5 Variances. The Qwner ACC may authorize variat�ces in writing from its guidelines and procedures, but only: (a}in accordance with duly adopted rules and regulations, (b}when unique circumstances dictate, such as unusual topography, natural obstructions, hardship or aesthetic or environmental cansideratians require, and {c}when canstruction in accordance with the variance wc�uld be consistent with the purpc�ses of the Declaratic�n and compatible with existing and anticipated uses of adjoining Lots. Inability to obtain or the terms of any governmental appraval, or the terms of any financing shall not be considered a hardship warranting a variance. 11.6 Limitation t�f Liabilitv. The Clwner ACC shal] not be responsible for the structural integrity or soundness of approved construction or modifications, Qr for ensuring compliance with building codes and other governmental requirements. None af the Declarant, the Association, Uwner ACC, or any member of any of them shall be liable for any injury, damages or]oss arising out of the rnanner or quality of approved construction or modifications. 11.7 Enforcement. Any construction, alteration or other work dane in violation of this Article shall be deemed nanconforrning. C1n written request from the Board ar Declarant, the offending Owner shall, at his or her awn expense, cure such noncanformance to the satisfactian of the requester ar restore the Lat to substantially the same condition as existed prior to the nonconforming work. If an Owner fails to so cure ar restore, the Board, Declarant or their designees may do sa at the 4wner's expense and specially assess the cost against the offending Lot under Section 4.9. Any contractar, subcontractor, agent, ernployee or other invitee af an Owner who fails to comply with this Article may be excluded by the Board from the Plat, subject to notice and an apportunity to be heard as provided belaw. In such event, none of the Assaciation, its officers or rag���ofzz directors shall be held liable to any Owner or other person for exercising the rights granted by this paragraph. In addition, the Board may, on behalf of the Association, pursue all legal and equitable remedies available to enforce this Article and the decisions of the Owner ACC. Whenever this Declaration allows an Owner or other person "notice and opportunity to be heard," the following procedure shall be observed: The Board shall give written notice of the proposed action to all Owners, tenants, or occupants of Lots whose interest would be significantly affected by the proposed action. The notice shall include a general statement of the proposed action and the date, time, and place of the hearing, which sha11 be not less than five (5) days from the date notice is delivered by the Board. At the hearing, the affected Owner or other person shall have the right, personally or by a representative, to give testimony orally, in writing or both (as specified in the notice), subject to reasonable rules of procedure established by the Board to assure a prompt and orderly resolution of the issues. Such evidence shall be considered in making the decision but shall not bind the Board. The affected Owner or other person shall be notified of the decision in the same manner in which notice of the meeting was given. ARTICLE 12. -ENFORCEMENT 12.1 Ri�ht to Enforce. The Association, Declarant or any Owner shall have the right to enforce, by any appropriate proceeding at law or in equity, all covenants, conditions, restrictions, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure or forbearance by any person or entity so entitled to enforce the provisions of this Declaration to pursue enforcement shall in no event be deemed a waiver of the right to do so thereafter. 12.2 Remedies Cumulative. Remedies provided by this Declaration are in addition to, cumulative with, and are not in lieu of other remedies provided by law. There sha11 be, and there is hereby created and declazed to be, a conclusive presumption that any violation, breach or attempted violation or breach of the covenants, conditions and restrictions herein cannot be adequately remedied by an action at law or exclusively by recovery of damages. 12.3 Covenants Runnin� With the Land. The covenants, conditions, restrictions, liens, easements, enjoyment rights and other provisions contained herein are intended to and shall run with the land and shall be binding upon all persons purchasing, leasing, subleasing or otherwise occupying any Lot or other portion of the Plat, their heirs, executors, administrators, successars, grantees and assigns. All instruments granting or conveying any interest in any Lot and all leases or subleases shall refer to this Declaration and shall recite that it is subject to the terms hereof as if fully set forth herein. However, all tertns and provisions of this Declaration are binding upon all successors in interest despite an absence of reference thereto in the instrument of conveyance, lease or sublease. Page 18 of 22 ARTICLE 13. -AMENDMENT AND REVOCATION 13.1 Amendment bv Association. This Declaration may be amended by an instrument executed by the Association for and on behalf of the Owners; provided, however, that such Amendments shall have received the prior approval of a vote of the Owners having seventy-five percent (75%) of the total votes in the Association. 13.2 Amendment bv Declarant. The Declarant may unilaterally amend this Declaration if such amendment is necessary to: (a) bring any provision into compliance with any applicable government statute or regulation or judicial determination; (b) enable any reputable title insurance company to issue title insurance coverage on the Lots; (c) enable any institution or government agency to make or purchase mortgage loans on the Lots; (d) enable any government agency or reputable private insurance company to insure or guarantee Mortgage loans on the Lots; or (e) otherwise satisfy the requirements of any government agency or governmental regulations. However, any such amendment shall not adversely affect the title to any Lot without the written consent of its �wner. So long as Declarant owns any Lot, it may unilaterally amend this Declaration for any other purpose, provided the amendment shall have no material adverse affect upon any substantive right of any Owner and shall not adversely affect the title to any Lot without the written consent of the affected Owners. 13.3 Effective Date. Amendments shall take effect only upon recording with the Snohomish County Department of Records and Elections, or any successor recording office. ARTICLE 14. - GENERAL PROVISIONS 14.1 T�es. Each Owner shall pay without abatement, deduction or offset, all real and personal property taxes, general and special assessments, including local improvement assessments, and other charges of every description levied on or assessed against their Lot, or personal property located on or in the Lot ar Home. The Association shall likewise pay without abatement, deduction or offset, all of the foregoing t�es, assessments and charges levied or assessed against the Common Areas, if the t�ing authority does not impose the same against the Owners as tenants in common of those Common Areas. 14.2 Non-Waiver. No waiver of any breach of this Declaration shall constitute a waiver of any other breach,whether of the same or any other covenant, condition or restriction. 14.3 Attornevs' Fees. In the event of a suit or action to enforce any provision of this Declaration or to collect any money due hereunder or to foreclose a lien, the unsuccessful party in such suit or action shall pay to the prevailing party all costs and expenses, including title reports and all attorneys' fees that the prevailing party has incurred in connection with the suit or action, in such amounts as the court may deem to be reasonable therein, and also including all costs, expenses and attorneys' fees incuned in connection with any appeal from the decision of a trial court or any intermediate appellate court. Page 19 of 22 14.4 No Abandonment of Obligation. No Owner, through their non-use of any Common Area, or by abandonment of their Lot or Home, may avoid or diminish the burdens or obligations imposed by this Declaration. 14.5 Interaretation. The captions of the various articles, sections and paragraphs of this Declaration are for convenience of use and reference only and do not define, limit, augment or describe the scope, content or intent of this Declaration or any parts of this Declaration. The neuter gender includes the feminine and masculine, the masculine includes the feminine and neuter, and the feminine includes the masculine and neuter, and each includes a legal entity when the context so requires. The single number includes the plural whenever the context so requires. 14.b Severabilitv. Invalidation of any one of these covenants, conditions, restrictions, easements or provisions by judgment or court order sha11 in no way affect any other of the same, all of which shall remain in full force and effect. 14.7 Notices. All notices, demands or other communications ("Notices") permitted or required to be given by this Declaration shall be in writing and, if mailed, postage prepaid by certified or registered mail, return receipt requested (if a Notice to Declarant, the Association, or to fewer than all Owners), or if mailed first-class postage prepaid (if a Notice to all Owners), shall be deemed given three (3) days after the date of mailing thereof, or on the date of actual receipt, if sooner; otherwise, Notices shall be deemed given on the date of actual receipt. Notices shall be addressed to the last known address of the addressee. Notice to any Owner may be given at any Lot or Home owned by such Owner; provided, however, that any Owner may from time to time by notice to the Association designate such other place or places or individuals for the receipt of future Notices. If there is more than one Owner of a Lot, notice to any one such Owner shall be sufficient. The address of Declarant and of the Association shall be given to each Owner at or before the time they become an Owner. If the address of Declarant or the Association shall be changed, notice shall be given to all Owners. 14.8 Applicable Law. This Declaration shall be construed in all respects under the laws of the State of Washington. IN WITNESS WHEREOF, THE UNDERSIGNED DECLARANT HAS EXECUTED THIS DECLARATION THE DAY AND YEAR FIRST ABOVE WRITTEN. RENTON PARK AVE LLC, a Washington limited liability company Page 20 of 22 BY: Kendall Homes, LLC, a �Jashington limited iiability company, its mernber B : /�%�'`'" t�"'--��- Y Kevi�i Murray, ana r STATE OF WASHINGTON � ) § COUNT� OF KING } I certify that 1 know or have satisfactory evidence that Kevin Murray is the persnn who acknowledged that he signed this instrument and on oath stated that he was authorized to execute the instrument and acknowledged it as the Mana�;er of Kendall Homes LLC, a Washington lirnited liability campany, which is a member of Rentan Park Ave LLC, a Washington lirnited liability company, to be his free and voluntary act af such party for the uses and purposes mentianed in the instrurnent. Dated: ����.� �`� . 2016. '-.�a : I.INDA R. ViIHiTE � � - �vo�a�Y�usuc ' � S7ATE OF WASHINGTON � co��nissax��xPi�Es Print Name: G•.�.�.d« t,�t.�.�+�- = JUNE 7, 2018 NOTARY PUBLIC in and for the state of Washington residing in�,e�a�,t-+� My appointment expxres c..a•��c�s � k'age 21 of 22 . � EXHIBIT A LEGAL DESCRIPTIQN PARCEL A TRAGT 43; EXCEPT NORTH 100 FEET AND EXCEPT�VEST 158 FEET Gl� SO�UTH 65 FEET 4F NORTH I65, HILLMAN'S LAKE WASHINGTON GARDEN C}F ELIEN ADDITIUN T�} SEATTLE NO. l, ACC4RDING TtJ PLAT THEREOF RECORDED VOLUMF. 11 4F PLATS, PAGE b3, tN KING C4UNT�, VJASHINGTON. PARCEL B THE NORTH l OQ FEET OF LOT 43, HILLMAN'S LAKE WASHINGTON GARDEN C?F EDEN DIVISION NUMBER l, LESS THE SQUTH 40 FEE'T OF THE WEST 144 FEET, ACCORDING TO THE PLAT THER�OF, RECORDED IN V4LUME 11 OF PLATS,PAGE 63, IN KING COUNTY, WASHINGTON. Page 22 af 22