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DECLARATION
OF
COVENANTS, CONDITIONS AND RESTRICTIONS
OF
STERLINGWOOD
THIS
DECLARATION is made on the date hereinafter set forth by Chaffey
Corporation, a ,Washington corporation, ("Declarant"), who is
the owner of certain land situated in the State of Washington,
County of King, known as the Plat of Sterlingwood (the
"Subdivision"), which is more particularly described in Exhibit
"A" attached hereto and incorporated herein by this reference.
Declarant
agrees and covenants that the Subdivision and improvements now
existing or hereafter constructed thereon shall be held, sold,
conveyed subject to, and burdened by the following covenants,
conditions, restrictions, reservations, limitations, liens and
easements, all of which are for the purpose of
enhancing and protecting
the value, desirability and attractiveness of such property for
the benefit of all of the owners thereof and their heirs,
successors, grantees and assigns. All provisions of this
Declaration shall be binding upon all parties having any right,
title or interest in the Subdivision, or any portion thereof,
and shall inure to the benefit of each owner thereof and to the
benefit of the Sterlingwood Homeowners Association and shall
otherwise in all respects be regarded as covenants running with
the land.
ARTICLE I
Definitions
For the
purposes of this Declaration, certain words and phrases shall
have particular meanings as follows:
Section 1.
"Association" shall mean Sterlingwood Homeowners Association, a
Washington nonprofit corporation, its
successors and assigns.
Section 2. "Board" shall mean and refer to
the Board of Directors of the Association, as
provided for in Article X.
For purposes of exercising the powers and duties assigned in
this Declaration to the Board, this term shall also mean
the "Temporary Board" of "Declarant" as provided in Article II,
unless the language or context clearly indicates otherwise.
Section 3. "Plat" shall mean and refer to
the Plat of Sterlingwood, as recorded on August 24, 1999, in the
records of King County, State of Washington, under Recording No.
19990824000670, Volume 9 of Plats, pages 93 through 99,
inclusive
Section 4. "Subdivision' " shall
mean that certain real property described in the Plat, and such
additions thereto as may be hereafter brought within the
jurisdiction of the Association.
Section 5. "Declarant" shall mean Chaffey
Corporation, a Washington corporation, its
successors and assigns, if
such successors and assigns should acquire more than one
undeveloped lot from the Declarant for the purpose of
development.
Section 6. "Common Area" shall mean those
portions of all real property (including the improvements
thereto) designated in the Plat as common areas, sensitive
areas, open space, or signage or landscape tracts, or otherwise
owned, used and maintained by the Association for the benefit of
its members. The areas to be owned and maintained by the
Association at the time of recording this Declaration are Tracts
A, B, E, F, G, H, I, J, K, L, and M, as shown on the Plat.
Section 7. "Lot" shall mean and, refer to
any parcel of land shown upon the Plat of the Subdivision, with
the exception of the Common. Area and any land conveyed of
dedicated to King County, the City of Sammamish or local
municipal corporations
Section 8. "Owner" shall mean the record
owner, whether one or more persons or entities and specifically
including the Declarant, of the fee interest in any Lot or Lots
which are a part of the Subdivision, but shall not include a
contract seller or mortgagee Purchasers or assignees under
recorded real estate contracts shall be deemed Owners as against
their respective sellers or assignors.
Section 9. "Member" shall mean every person
or entity who holds a membership in
the Association.
Section 10.
"Architectural
Control Committee" shall mean the duly appointed or elected
committee of the Board of Directors as outlined in Article XIV
of this Declaration.
Section 11. "Development Period" shall mean
that period of time beginning on the date of recording of this
Declaration and ending at the earlier of: (i)
ten (10) years from the date of recording of this Declaration,
(ii) the thirtieth (30th) day after Declarant has transferred
title to individual residential
owners of ninety percent
(90%) of the Lots, or (iii) written notice from the Declarant to
the Association in which the Declarant elects to
terminate the Development Period.
Section 12.
"Residence"
shall mean the single family residence occupying any Lot and
shall be subject to the limitations set forth in Article XI.
ARTICLE II
Development Period
Section 1.
Management by Declarant. Until termination of the
Development Period, either upon the sale of the required number
of Lots, the expiration of ten (10) years,
or at the election of the Declarant as provided above, the
Subdivision shall be managed and the Association organized at
the sole discretion of the Declarant. Management by the
Declarant during the Development Period is for the purpose of
ensuring that the Subdivision is adequately administered in the
initial stages of development and that there is an orderly
transition to Association operations. Each Owner accepts this
management authority in Declarant. Notwithstanding anything to
the contrary herein, or in the Bylaws of the Association, Lots
owned, by Declarant shall not be subject to assessment and the
development of such Lots shall not be subject to review or
approval of the Architectural Control Committee.
Section 2. Temporary Board. Declarant may, in its sole
discretion, and at such times as the Declarant deems
appropriate, appoint three persons who may be Lot Owners, or are
representatives of corporate entities or other entities which
are Lot Owners, as a Temporary Board. This Temporary Board shall
have full authority and all rights, responsibilities, privileges
and duties to manage the Subdivision under this Declaration and
shall be subject to all provisions of this Declaration, and the
Articles of Incorporation and Bylaws of the Association,
provided that after selecting a Temporary Board, the Declarant,
in the exercise of its sole discretion, may at any time
terminate the Temporary Board and reassume its management
authority or select a new Temporary Board.
Section 3. Management Authority. If Declarant does not appoint a
Temporary Board, Declarant
or a managing agent selected by the Declarant shall have the
power and authority to exercise all the rights, duties
and functions of the Board of Directors of the Association and
generally exercise all powers necessary to carry out the
provisions of this Declaration, including but not limited to,
enacting reasonable administrative rules, contracting for
required services, obtaining property and liability insurance,
executing any and all covenants, easements, or other necessary
documentation relating to the Common Area; and collecting and
expending all assessments and Association funds. Any such
managing agent or the Declarant shall have the exclusive right
to contract for all goods and services, payment for which is to
be made from any monies collected from assessments.
Section 4. Expenditures
During Development Period. During
the Development Period, Declarant shall have the sole discretion to use and consume all
or so much of the assessments provided for
herein as in
Declarant's judgment is necessary or
expedient in maintaining the Common Area and carrying out
the other functions of the Association, including but not
limited to, management fees and any legal fees associated with
Declarant carrying out any duties during the Development Period,
including all costs associated with turning over management to
the Association after the expiration of the Development Period.
Section 5. Expiration of Development Period. Upon termination of
the Development Period,
Declarant shall deliver any funds remaining to the Association.
Declarant shall not be liable to the Association or any
Owner for monetary damages for conduct as the Declarant and
shall be indemnified and held harmless by the Association from
any and all legal actions brought by the Association or any
Owner for the management of the Subdivision or administration of
the Association prior to expiration of the Development Period.
After the expiration of the Development Period it shall be the
responsibility of the Lot Owners to provide for the operation of
the Association.
ARTICLE III
Homeowner’s Association
Section 1.
Formation. The Association shall be a non-profit
corporation under the laws of the State of Washington The
Association may be an unincorporated Association during the
Development Period, unless the Declarant elects to incorporate
the Association.
Section 2.
Membership. Every person or entity who is the
contract purchaser or Owner of
any Lot or Lots in the
Subdivision is and shall be a Member of the Association,
provided, however, that if any Lot is held jointly by two
(2) or more persons or entities, the several Owners of such
interest shall designate one (1) of their number as the
"Member." The foregoing is not intended to include persons or
entities who hold an interest merely
as security for the performance of an obligation. No Lot shall
have more than one (1) membership. Membership shall be
appurtenant to and may not be separated from ownership of or the
contract purchaser's interest in any Lot which is subject to
assessment by the Declarant or the Association. Upon transfer of
the fee interest to, or upon the execution and delivery of a
real estate contract for the sale of (or of an assignment of a
contract purchaser's interest in) any Lot, the membership in the
Association shall ipso facto be deemed to be transferred to the
transferee, grantee, contract purchaser or new contract
purchaser. Membership voting rights and the right to use the
Common Area and facilities may be suspended in the event of
default in the payment of any assessments or violation of any
rules and regulations, as provided in the Bylaws of the
Association. In the event of suspension, such Member shall
continue to incur and remain liable for any and all obligations,
including monthly, annual and special assessments.
Section 3. Classes and
Voting Rights. The Association shall have the
following two (2) classes of voting membership:
Class A. Class A
Members shall be all those Owners who qualify to become Members
under Section 2 of this Article, with the exception of the
Declarant. For matters requiring the approval, consent, or
affirmative vote of the Members or the Association, Class
A Members shall be entitled to one
(1) vote for each Lot in which they hold the interest required
for membership under Section 2 of this Article. When more than
one person or entity holds such an interest in any Lot, the vote
for such Lot shall be exercised as they among
themselves, determine, but in no
event shall more than one (1) vote be cast with respect to any
Lot.
Class B. The sole Class B Member shall
be the Declarant (as defined in Article I, Section 5 above). The
Class B member shall be entitled to three (3) votes for each Lot
Declarant owns and/or in which Declarant holds an interest. The
Class B membership shall cease and be converted to Class A
membership on the first to occur of the following events: (a)
the expiration of the Development Period, (b) the Declarant
terminates its involvement in the Subdivision without having
assigned its right to another person or entity, or (c) upon
written notice from the Declarant to the Association in which
the Declarant elects to terminate the Development Period and
convert its membership from Class B to Class A.
Notwithstanding anything to the contrary herein, during the
Development Period, Class A Members shall not be entitled to
vote on any matters and the Subdivision shall be managed by the
Declarant, as provided in Article II above, and the Declarant
may, in its sole discretion, take any action on behalf of the
Association without a vote of the members of the Association.
Section 4. Meetings
of Members. Meetings of Members shall be held and
conducted in accordance
with the provisions of the Bylaws of the Association. The
presence at the meeting of Members entitled to cast, or
of proxies entitled to cast, thirty-four percent (34%) of the
votes of the entire membership shall constitute a quorum for any
action except as otherwise provided in the Articles of
Incorporation, the Bylaws, or this Declaration. Except as
otherwise provided in the Articles of Incorporation, the Bylaws,
or this Declaration, passage of any matter submitted to vote at
a meeting or adjourned meeting duly called, where a quorum is in
attendance in person or by proxy, shall require the affirmative
vote of more than fifty percent (50%) or more of the total votes
present in person or by proxy.
Section 5. Board of
Directors. Upon expiration of the
Declarant's management authority
under Article II, all administrative power and authority shall
vest in a Board of three (3) Directors who shall be nominated
and elected in accordance with, and serve for the terms set
forth in, the Bylaws of the Association. The Association, by
amendment of the Bylaws, may increase the number of directors.
The Board, for the benefit of the Subdivision and all of the
Owners, shall enforce the provisions of this Declaration and the
Bylaws. Meetings of the Board of Directors shall be held and
conducted in accord with the provisions of the Bylaws of the
Association. In addition to the duties and powers imposed by the
Bylaws and any resolution of the Association that may be
hereafter adopted, the Board shall have the power and be
responsible for the following, in way of explanation, but not
limitation:
(a)
Insurance. Obtain policies of general
liability insurance.
(b)
Legal and Accounting Services. Obtain legal and accounting
services as deemed necessary by the Board for the administration
of Association affairs, administration of the Common Area, or
the enforcement of this Declaration.
(c)
Maintenance. Pay all costs of maintaining
the Common Area.
(d)
Maintenance of Lots. If necessary, maintain any Lot
if such maintenance is reasonably necessary in the judgment of
the Board to (1) protect the Common
Area, or (2) to preserve the appearance and value of the
Subdivision or Lot. The Board may authorize such maintenance
activities if the Owner of the Lot has failed or refused to
perform maintenance within a reasonable time after written
notice of the necessity of such maintenance has been delivered
by the Board to the Owner of such Lot, provided that the Board
shall levy a special assessment against the Owner of such Lot
for the cost of such maintenance.
(e)
Discharge of Liens. Pay any amount necessary to
discharge any lien or encumbrance levied against the entire
Subdivision or any part thereof which is claimed or may, in the
opinion of the Board, constitute a lien against the Subdivision
or against the Common Area rather than merely against the
interest therein of particular Owners. Where one or more Owners
are responsible for the existence of such liens, they shall be
jointly and severally liable for the cost of discharging it and
any costs or, expenses, including reasonable attorney’s fees and
costs of title search incurred by the Board by reason of such
lien or liens. Such fees and costs shall be assessed against the
Owners responsible (and their respective Lots) to the extent of
their responsibility.
(f)
Utilities. Pay all utility charges
attributable to Common Area.
(g)
Security. Pay all costs deemed
appropriate by the Board to ensure adequate security for the
Lots and Common Area.
(h)
Right to Contract. Have the exclusive right to
contract for all goods, services, maintenance, and capital
improvements deemed appropriate by the board for the
administration of Association affairs and the administration of
the Common Area.
(i)
Improvement of Common Area. Improve the Common Area with
capital improvements to
such Common Area; provided that for those capital improvements
exceeding $10,000, twenty-five percent (25%) of the
Owners must approve the addition of such capital improvements to
the Common Area.
(j)
Right of Entry. Enter any Lot or Residence,
when reasonably necessary, in the event of emergencies or in
connection with any maintenance, landscaping or construction for
which the Board is
responsible. Except in cases of emergencies, the Board, its
agents or employees shall attempt to give notice to the
Owner or occupant of any Lot or Residence twenty-four (24) hours
prior to such entry. Such entry must be made with as little
inconvenience to the Owners as practicable, and any damage
caused thereby shall be repaired by the Board if the entry was
due to an emergency (unless the emergency was caused by the
Owner of the Lot entered, in which case the cost shall be
specially assessed to the Lot). If the repairs or maintenance
activities were necessitated by the Owner's neglect of the, Lot,
the cost of such repair or maintenance activity shall be
specially assessed to that Owner and Lot. If the emergency or
the need for maintenance or
repair was caused by another Owner of another Lot, the cost
thereof shall be spatially assessed against the Owner of
the other Lot.
(k)
Employment of Manager. Employ a manager, an
independent contractor, or such other
employee as the Board deems necessary and describe the duties of
such employees.
(l)
Payment for Goods and Service. Pay for all goods and services
required for the proper functioning of the Common Area.
(m)
Impose
Assessments. Impose annual and special
assessments.
(n)
Bank
Account. Open a bank account on behalf
of the Association and designate the signatories required.
(o)
Easements. Execute any and all covenants,
easements, or other necessary documentation relating to the use
of Common Area.
(p)
Exercise of Powers, Duties and Authority. Exercise for the Association
all powers, duties and authority vested in or delegated to the
Association and not reserved to the membership by other
provisions of the Bylaws, Articles of Incorporation, or this
Declaration. The Board shall have all powers and authority
permitted to it by law and under this Declaration and the
Bylaws. However, nothing herein contained shall be construed to
give the Board authority to conduct a business for profit on
behalf of all the Owners or any of them.
ARTICLE IV
Assessments
Section 1. Personal
Obligations and Creation of Lien Assessments. Subject
to the provisions of Section 2 -below, each Owner of any Lot, by
acceptance of a deed therefore, whether or not it shall be so
expressed in such deed, is deemed to covenant and agree to pay
to the Association, or to' Declarant or any designated managing
agent during the. Development Period:
(a)
annual
or monthly assessments or charges; and
(b)
special assessments as authorized
herein or in the Declaration.
The
assessments, together with such interest thereon and cost of
collection thereof, as hereinafter provided, shall be a
continuing lien upon the Lot against which each such assessment
is made and shall run with
the land. Each such assessment, together with interest thereon
and costs incurred in collecting the assessment
(including reasonable attorney’s fees), shall also be the
personal obligation of the person who was the Owner or contract
purchaser of such property at the time when, the assessment fell
due. No Owner or contract purchaser shall be relieved of
liability for the assessments by non-use of the Common Area or
abandonment of any Lot. The personal obligation for delinquent
assessments shall not pass to successors in title unless
expressly assumed by them. The Association may take any action
deemed appropriate too effectuate collection of unpaid
assessments.
Section 2. Common
Area and Declarant Lots Exempt. The Common Area and
all portions of the Property dedicated to and accepted by a
government or public authority, and all Lots owned by Declarant,
shall be exempt from assessments by the Association.
Section 3. Purpose
of Assessments. The assessments shall be used for the
purpose of promoting the recreation, health, safety and welfare
of the Owners and/or their guests, including without limitation:
the construction, establishment, improvement, repair,
maintenance and other expenses of the Common Area and the
services and facilities related to the use and enjoyment of the
Common Area; the payment of utility charges, taxes and
insurance; maintenance of sensitive areas, open space, and
native growth protection easements and other obligations related
thereto, if any, as set forth in the Plat or otherwise required
of the Declarant and/or the Association by governmental
agencies; installation and maintenance of any properties,
landscaping or improvements desired or required in the Plat or
this Declaration; and other
items deemed necessary and proper by the Declarant or the
Association to keep the Subdivision in a good, clean,
attractive and safe condition in compliance with all applicable
codes, laws, rules and regulations. Assessments may also be
levied to pay for any professional services, advice or
consultation incurred by the Declarant or by the Association in
carrying out its duties.
Section 4.
Establishing Assessments. The regular budget and any
revised or special budget of the Association, including any
reserves as provided herein, shall be adopted by the Board of
Directors and shall be ratified by the Members of the
Association as set forth herein or otherwise.
permitted under, Washington law.
Within thirty (30) days after adoption by the Board of Directors
of any proposed regular or special budget, the
Board, shall set a date for a meeting
of the Members to consider ratification of the budget. Written
notice of the meeting shall be sent to all Owners not less than
fourteen (14) days, nor more than
sixty (60) days in advance of the meeting, setting forth the
purpose of the meeting. Unless at that meeting a
majority vote of the voting power of the Members who are
present, in person or by proxy, and entitled to vote at such
meeting rejects the budget, the budget shall be deemed,
ratified, whether or not a quorum is present. During the
Development Period, the approval of the Declarant shall be
required for ratification of any proposed budget. The Board
shall cause the ratified budget and the assessments to be levied
against each Lot for the following year to be delivered to each
Member at least thirty (30) days prior to the end of the current
fiscal year. In the event the proposed budget is not ratified or
the Board fails for any reason to determine the budget for the
succeeding year, then and until such time as a budget shall have
been determined, as provided herein, the budget in effect for
the then current year shall continue for the succeeding year.
Section 5. Annual
Assessment. Until January 1, 2001, the annual
assessment is estimated to be $300.00 per Lot; fifteen percent (15%) of which, or such
higher percentage as may be charged, shall be allocated
and paid to the Declarant for management services provided to
the Association by the Declarant or by a professional management
firm. Such allocation of funds to the Declarant shall cease when
the Development Period expires and the Association assumes
collection costs, bookkeeping, and other management
responsibilities.
Section 6. Special
Assessments. In addition to the annual assessments
authorized above, the
Association may levy special assessments through the use of a
special budget adopted by the Board of Directors and
ratified by the Members in accordance with Section 4 above. The
special assessments may be used to cover (1) unanticipated
financial shortfalls, maintenance or liability expenses,
including without limitation the cost of legal fees and costs
incurred in legal actions in which the Association is a party,
or in which a member of either the Board or the Architectural
Control Committee is named as a party as a result of a decision
made or action performed while acting on behalf of the
Association, (2) extraordinary expenses such as the cost of any
construction, reconstruction, repair or replacement of a capital
improvement of the Common Area, property, street lighting,
fixtures or improvements of the Association, including repairs
or renovation, or (3) any other reasonable expenses incurred by
the Association.
Section 7. Reserves
for Repair or Replacement. As a common expense and as
a part of any:. regular or special budget of the Association, the
Declarant or the Association may establish and maintain a
reserve,, fund for repair or replacement of improvements and
community facilities thereon. The reserve fund shall be expended
only for the purpose of repair, replacement or improvement to
the Common Area and any improvements and community facilities
for which the Association is responsible, and for start up
expenses and operating contingencies of a nonrecurring nature.
The proportional interest of any Owner in any such reserve shall
be considered an appurtenance of such Owner's Lot and shall be
deemed to be transferred with such Lot in the event of a
transfer or sale.
Section 8. Uniform
Rate. All assessments shall be fixed at a uniform
rate for P C\ all Lots subject to assessment; provided however,
that Lots owned by the Declarant are not subject to any
assessment or charge hereunder.
Section 9. Date of
Commencement of Assessments; Due Dates. The
assessments provided for..
herein shall. not
commence prior to the first day of the month O following the
conveyance of the first' Lot from the Declarant. As to each
particular Lot involved, the liability for the assessments shall
begin on the first day of
the calendar month following the date that any deed or real
estate contract for the Lot is transferred or recorded,
or on the first day of the calendar month following occupancy of
the premises, whichever is
earlier. Said assessment shall be due and .payable on such date
and on the first day
of each calendar month thereafter,
or on a monthly, quarterly or annual date designated by the
Declarant or the Board of Directors.
Section 10. Effect
of Non-Payment of Assessments; Remedies. If any
assessment is not paid within thirty (30) days after it was
first due and payable, the assessment shall bear interest from
the date on which it was due at the rate of twelve percent (12%)
per annum. Unpaid assessments, plus interest, costs and attorney
fees incurred by the Association in collecting assessments,
filing and recording liens, enforcing the provisions of the
Bylaws and this Declaration, or defending itself in any
litigation shall constitute a lien on the property as provided
in the Bylaws and this Declaration. The Association may bring an
action against the one personally obligated to pay the same
and/or foreclose the lien against the property, and interest,
costs and reasonable attorney's fees of any such action shall be
included in any judgment or decree entered in such suit. Each
Owner hereby expressly vests in the Association or its agents
the right and power to bring all actions against such Owner
personally for the collection of such assessments as debts and
to enforce lien rights of the Association by all methods
available for the enforcement of such liens, including
foreclosure by an action brought in the name of the Association
in like manner as a mortgage of real property. Each Owner hereby
expressly grants to the Association the power of sale in
connection with such liens. The liens provided for in this
Section shall be in favor of the
Association and shall be
for the benefit of the Association. The Association shall have
the power to bid in an interest at foreclosure sale and
to acquire, hold, lease, mortgage and convey the same.
Section 11. Subordination of the Lien to First Mortgages. The
lien of the assessment provided for herein shall be subordinate
to the lien of any first mortgage (and to the lien of any.
second mortgage given to secure payment of the purchase price)
now or hereafter placed on the Lot, only in the event that: the
lien for delinquent assessments has not been recorded with the
King County Auditor at the time of the recording of the mortgage
lien. Sale or transfer of any Lot shall not affect the
assessment lien. No sale or transfer .shall relieve such Lot from liability for any assessments
thereafter becoming due or from the lien thereof.
Section 12. Budget Deficits
During Development Period. During
the Development Period, Declarant may: (a) advance funds to the
Association sufficient to satisfy the deficit, if any, between
the actual operating expenses of the Association (but
specifically not including an allocation for capital reserves),
and the sum of the annual and special assessments (including
reserves) collected by the Association in any fiscal year, and
such advances shall be evidenced by promissory notes from the
Association in favor of the Declarant; or (b) cause the
Association to borrow. such amount
from a commercial lending institution at the then prevailing
rates for such a loan. " The
Declarant in its sole discretion may guarantee repayment of
such. loan, if required by the
lending institution, but no mortgage
secured by the Common Area
or any of the improvements maintained by the Association shall
be given in connection with such loan.
ARTICLE V
Common Areas
Section 1.
Conveyance of Common Area. Declarant hereby transfers
and conveys to the
Association for the common use and enjoyment of the Association
and the Owners, the Common Area, as
defined in Article I,
Section 6 above, including Tracts A, B, E, F, G, H, I, J, K, L,
and M, as shown on the
Plat. Tracts A and B are
designated as sensitive areas and are subject to the
restrictions and obligations set forth in the Plat.
Section 2.
Association to Maintain Common Area. The Association
shall have the obligation of maintaining and preserving the
character and function of the Common Area, and shall pay the
actual cost of the same from annual or special assessments as
appropriate.
Section 3. Use of
the Common. Nothing shall be altered or constructed
in, or removed from the Common Area except upon prior written
consent of the Architectural Control Committee, or the Declarant
during the Development Period. No trash, plant or grass
clippings or other debris of any kind shall be dumped, deposited
or placed on or within' the Common Area. No structures of any
kind, including fences and walls, may be built or placed within'
any right-of-way or easement delineated on the Plat except as
deemed appropriate by the Architectural Control Committee, or
the Declarant during the Development Period, and King County or
the City of Sammamish.
Section 4. Rights-of-Way
Within the Plat. King County or
the City of Sammamish shall be responsible for maintaining all
rights-of-way within the Subdivision. All street trees planted
adjacent to streets or sidewalks within the Subdivision shall be
maintained by the Association.;: ' The landscape planter island
within N. E. 21s' Street shall be equally maintained by the
Owners of Lots 4, 5, 6, 7, 8 and
9, and the landscape
planter island' within the traffic bubble on 205th Place N.E.
near Tracts C and D shall be equally .maintained by the
Owners of Lots 58, 59, 60, 61, 62, 63, 64, 65, 66 and 67.
Section 5. Repair
of Common Area. Any damage to the Common Area or
improvements thereon, including landscape plantings, sprinkler
systems, fences, berms, etc., by the
Owners or. their children,.
or guests shall be repaired within
one week by the Owner who caused the area to be ,.damaged. If
such repairs are not made timely, the Association shall execute
the repair and the Owner shall be obliged to immediately remit
funds for the repair. If the Owner fails to promptly make
payment for such repairs, the Owner shall be charged interest at
the rate of twelve (12%) percent per annum.
Section 6.
Management. Each Owner expressly covenants that the
Board, and the Declarant,
during the Development Period, may delegate all or any portion
of their management authority to a managing agent,
manager or officer of the Association and may enter into such
management contracts or other service contracts to provide for
maintenance and the operation of Common Area and any portion
thereof. Each Owner is bound to observe the terms and conditions
of any such management agreement or employment contract, all of
which shall be made available for inspection by any Owner on
request.
ARTICLE VI
Easements and Maintenance
Section 1.
Easements for Utilities. The easements granted to
King County, Puget Sound Energy, U.S. West, Northeast Sammamish
Sewer and Water District, and T.C.I. Cable T.V. Company for
sidewalks and utilities, as
shown on the Plat (the "Utility Easements"), are incorporated
herein and hereby reserved on each Lot or Tract as set
forth on the Plat. No Lot Owner shall allow or permit any
structure, fill or landscaping to be located, installed or grown
upon the area subject to the Utility Easements which might in
any way damage or interfere with the installation and operation
of such utilities and systems. Each person utilizing the Utility
Easements shall restore such area to a condition as close to its
original condition as reasonably practical after making such
use. Each Lot Owner shall maintain the area of his Lot subject
to the Utilities in a condition which will not interfere with
the operation and maintenance of said utilities and systems. Lot
Owners may not relocate, remove or disturb any utilities,
including utility boxes, without the express written consent of
the Association and current holders of the Utility Easements.
Section 2.
Drainage, Easements. Various drainage easements are
indicated on the Plat. Structures, fills or obstructions,
including, but not limited to, decks, patios, outbuildings or
overhangs, shall not be permitted within drainage easements.
Additionally, grading and the construction of fencing shall not
be allowed within drainage easements unless otherwise approved
by King. County or the City of Sammamish and
the Architectural Control Committee, or the Declarant during the
Development Period. The private storm drainage easements
identified on the Plat shall be maintained as follows:
(a)
The
private storm drainage easement within Lot 57 is for the benefit
of Lot 56. Lots 56 and 57
shall be responsible for the cost of maintenance, repairs or
reconstruction of that portion of the storm drainage
system used in common.
(b)
The
private storm drainage easement within Lot 35 is for the benefit
of Lot 34. Lot 34 shall be
responsible for the cost of maintenance, repairs of
reconstruction of the storm drainage system.
(c)
The
private storm drainage easement with Lots 54 and 55 is for the
benefit of Lots 53 and 54.
Lots 53, 54 and 55 shall be responsible for the cost of
maintenance, repairs or reconstruction of that portion of
the storm drainage system used in common.
(d)
The
private storm drainage easement within Lot 52 is for the benefit
of Lot 51. Lots 51 and 52
shall be responsible for the cost of maintenance, repairs or
reconstruction of that portion of the storm drainage
system used in common.
(e)
The
private storm drainage easement within Lot 44 is for the benefit
of Lot 45. Lots 44 and 45
shall be responsible for the cost of maintenance, repairs or
reconstruction of that portion of the storm drainage
system used in common.
(f)
The
private storm drainage easement within Lots 46 and 47 is for the
benefit of Lots 47 and 48. Lots 46, 47 and 48 shall be
responsible for the cost of maintenance, repairs or
reconstruction of that portion of the storm drainage system used
in common.
(g)
The
private storm drainage easement within Lot 49 is for the benefit
of Lot 50. Lots 49 and 50
shall be responsible for the cost of maintenance, repairs or
reconstruction of that portion of the storm drainage
system used in common.
(h)
The
private storm drainage easement within Lot 4 is for the benefit
of Lot 5. Lots 4 and 5
shall be, responsible for the cost of maintenance, repairs or
reconstruction of that portion of the storm drainage
system used in common.
(i)
The
private storm drainage easement within Lots 7, 8 and 9 is for
the benefit of Lots 6, 7 and 8. Lots 6, 7, 8 and 9 shall be
responsible for the cost of maintenance, repairs or
reconstruction of that portion of the storm drainage system used
in common.
(j)
The
private storm drainage easement within Lots 16, 17 and 18 is for
the benefit of Lots 15, 16 and 17. Lots 15, 16,17 and 18 shall be responsible for the cost of
maintenance, repairs or reconstruction of that portion of the
storm drainage system used in common.
(k)
The
private storm drainage easement within Lots 19 and 20 is for the
benefit of Lots 18 and 19. Lots 18, 19 and 20 shall be
responsible for the cost of maintenance, repairs or
reconstruction, of that portion of the storm drainage system
used in common.
(l)
(1) The
private storm drainage easement within Lots 28, 29, 30 and 31 is
for the benefit of Lots 27, 28, 29 and 30. Lots 27, 28, 29, 30
and 31 shall be responsible for the cost of
maintenance, repairs or
reconstruction of that portion of the storm drainage system used
in common.
(m)
(m) The
private storm drainage easement within Lots 32 and 33 is for the
benefit of Lots 31 and 32. Lots 31, 32 and 33 shall be
responsible for the cost of maintenance, repairs or
reconstruction of that portion of the storm drainage system used
in common.
Section 3.
Private Access and Utilities Easements. The
private access and utilities easements identified on the Plat
shall be maintained as follows:
(a) Tract "O"
is for access and utilities for the benefit of Lots 1, 2 and 3.
Lots 1, 2 and 3 are conveyed an equal and undivided ownership
interest in said Tract "O" and are equally responsible for its
maintenance.
(b) Tract "C"
is for access and utilities for the benefit of Lots 63, 64, 65,
66 and 67. Lots 63, 64, 65, 66 and 67 are conveyed an equal and
undivided ownership interest in said Tract "C" and are equally
responsible for its maintenance.
(c) Tract "D"
is for access and utilities for the benefit of Lots 58, 59, 60,
61 and 62. Lots 58, 59, 60, 61 and 62 are conveyed an equal and
undivided ownership interest in said Tract
"D" and are
equally responsible for its maintenance.
Section 4. Sight
Easements. Portions of Tracts "B", "G", "K", "L" and
Lot 48 are subject to line of sight easements in favor of King
County as shown on the Plat. The Association' shall be
responsible for maintaining the easements in accordance with the
current King County "line of sight criteria." The Association is
hereby granted an easement on and across Lot 48 for the purpose
of maintaining the easement thereon. The
maintenance, repair, replacement, or improvement of any Common
Area accessible from that Lot.
Section 5.
Tree-Preservation-and Retention Easement. Lots 5, 6,
7, 14, 15, 16, 26, 27 and 28 are subject to a tree preservation
and retention easement as described on the Plat. Twelve-inch
caliber and larger evergreen trees at four-foot DBH shall not be
removed from these Lots unless approved by King County.
Section 6.
Easement for Association. The Association and its
agents shall have an easement
for access,
to each Lot and to the exterior of any building located thereon
during reasonable hours as may be necessary for the following
purposes:
(i) The maintenance, repair, replacement, or
improvement of any Common Area accessible from that Lot;
(ii)
Emergency repairs necessary, to prevent damage to the Common
Area or to another Lot or the improvements thereon; and
(iii)
Cleaning, maintenance, repair, or restoration work which the
Owner is required to do but has failed or refused to do.
Except in an
emergency where advanced notice is not possible, these easements
shall be exercised only after reasonable notice to the Lot
Owner.
ARTICLE VII
Maintenance of Lots
Section 1. Exterior
Maintenance by Owner. Each Lot and Residence shall be
maintained by the Owner in a neat, clean and
sightly condition at all times and
shall be kept free of accumulations of
litter, junk, containers,
equipment, building materials and other debris. All refuse shall
be kept in sanitary containers sealed from the view of
any Lot or from any street; the containers shall be emptied
regularly and their contents disposed of off the Subdivision. No
grass cuttings, leaves, limbs, branches, and other debris from
vegetation shall be dumped or allowed to accumulate on any part
of the Subdivision, except that a regularly tended compost
device (approved by the Architectural Control Committee) shall
be permitted. Each Lot Owner shall maintain their lawn and
landscaping in a condition consistent with the maintenance
standards of the Sterlingwood community and shall maintain all.
individual stubouts and
infiltration systems in good condition and repair as part of the
storm drainage system for the Subdivision.
Section 2. Lot
Maintenance by the Association. In the event that an
Owner shall fail to maintain a' Lot or the exterior of a
Residence in a manner consistent with maintenance standards` of
the Sterlingwood community, the Board shall, upon receipt of
written complaint of any Owner, or upon its.
own initiative, and a
subsequent investigation, O have the right through its agents
and` employees to enter
upon the offending Owner's
Lot and repair, maintain and restore the Lot and exterior of the
Residence on that Lot if the re's Owner shall fail to
respond in a manner satisfactory to the Board within fourteen
(14) days after mailing of
adequate notice by certified mail to the last known address of
the Owner. The cost of such, repair, maintenance or
restoration shall be assessed against the Lot, and the Board
shall have the right to
cause to be recorded a notice of lien for labor and materials
furnished, which lien may be enforced in the manner
provided by law.
ARTICLE VIII
Land Use' Restrictions
Section 1. Residential Restrictions. No Lot, or any building or
structure thereon, or any part thereof, shall be used.
or. -occupied for any purpose other
than as a single family residence unless specifically authorized
by zoning laws and regulations, this Declaration, the
Association and the Declarant. No. garage shall be converted into living space. No
single structure shall be altered to provide a residence
for more than one family. The conduct or carrying on of any
manufacturing, trade, business,
commerce,
industry, profession, or other occupation whatsoever, upon any
such Lot or any part thereof, or in any building or structure
thereon erected, shall constitute a breach of this restriction.
Notwithstanding the foregoing, and subject to this Declaration
and all rules promulgated hereunder, the Owners are permitted to
(i) lease or rent their Lot and
improvements for residential use, or (ii) to operate a home
business, provided the home business is legal, complies with
zoning and other governmental regulations, creates no additional
traffic, involves no advertising or signs, and does not create
or result in activities which are a nuisance or annoyance to
other members or residents of the Subdivision.
Section 2. Nuisances. No noxious or offensive activity shall be
conducted on any Lot or Common Area, nor shall anything be done
or maintained on the Subdivision which may be or become an
activity or condition which unreasonably interferes with the
right of other Owners to use and enjoy any part of the
Subdivision. No activity or condition shall be conducted or
maintained on any part of the Subdivision which
detract from the value of the
Subdivision as a residential community. No untidy or unsightly
condition shall be maintained on any property. Untidy conditions
shall include, but are not limited to, publicly visible storage
of wood, boats, trailers, recreational vehicles and disabled
vehicles of any kind whatsoever.
Section 3. Temporary Structures. No structure of a temporary
character or trailer, recreational vehicle, basement, tent, shack, garage, barn, or
other out buildings shall be used on any Lot at :any
time as a residence, either temporarily or permanently. No
vehicles parked in public rights-of-way may be used temporarily
or permanently for residential purposes. All such structures
shall be removed at the expense of the Owner of the Lot on which
the structure is located.
Section 4. Changing Lot Contours.
The surface grade or elevation of the various Lots and
other residential sites in
the Subdivision shall not be substantially altered or changed in
any manner which would affect the relationship of such
Lot or other residential sites adjoining, or which would result
in materially obstructing the view from any other Lot or
residential site in the Subdivision, or which would otherwise
produce an effect out of harmony with the general development of
the immediate area in which said p Lot or other,.
residential site -is.
located. Whether or not such
alteration or change in the pp elevation or grade of--any Lot,
or any residential site would be prohibited, shall be determined
by the Declarant or the Association in its sole and uncontrolled
discretion.
Section 5. Maintenance by Owners. Unless otherwise specifically
provided herein, the Owner of each Lot shall be responsible for
the maintenance and upkeep of the improvements and landscaping
located thereon. All such Owners shall likewise maintain their
hedges, plants, shrubbery, trees, and lawns in a neat and trim
condition at all times. After notice to an Owner from the
Declarant or the Association of such Owner's failure to maintain
said Lot, landscaping and/or improvements in accordance
herewith, the Declarant or the Association shall have the right,
through its agents and employees, to enter upon any Lot or
improvement which has been found to violate the foregoing
standards in order to repair, maintain, and/or rectify, the same
to such standards. Provided that the Board of Directors or its
representative has given the Lot Owner notice an opportunity to
be heard, the cost of such work shall be a special assessment on
such Owner and such Owner's lot and improvements, and the
provisions of this Declaration regarding the collection of
assessments shall apply thereto.
Section 6. Plantings and Fences. No hedge more than six (6) feet
in height, nor any fence, wall or other similar structure more
than six (6) feet in height, shall be constructed, erected,
placed, planted, set out, maintained or permitted on any Lot.
All fencing and walls must be specifically approved by the
Declarant or the Architectural Control Committee prior to their
installation. No barbed wire, chain
link or corrugated fiberglass fences
shall be erected on any Lot. The Declarant or the Architectural
Control Committee may adopt a fencing policy detailing
acceptable styles of fencing if it deems appropriate.
Section 7.
Signs. No signs of any kind shall be
placed on any Lot or residential site in the
Subdivision where the same
is visible from any Lot or street in the Subdivision, except in
accordance with such rules and regulations as may from
time to time be adopted by the Declarant or the Architectural
Control Committee. In the absence of such rules and regulations,
no signs whatsoever other than conventional house numbers
indicating the address of the premises shall be placed on any
Lot. "For Sale" or "For Rent" signs, the maximum" size of which'
shall be five square feet, must be approved in advance
by the Declarant or the
.Architectural Control Committee. During the
Development Period. Declarant may
require all- signage on
Lots and homes to be uniform in the dimension and general
character regardless of the builder or realtor or other
person involved in marketing the Lot or home.
Uniformity 'standards- may be adopted by the
Declarant. Lots owned by the Declarant shall not be
subject to the restrictions of this Section.
Section 8. Underground Utilities. All utilities, on and in
public dedicated areas, private property, or on and in any Lot
or the Common Area, including water, sewer, cable television,
telephone and other communications, natural gas, storm drains,
and electrical power shall be installed underground in
compliance with all Governmental regulations for' the
installation and maintenance of the same. No lines or wires for
the transmission of current or for. Telephone cable television
or other communications use, shall be constructed, placed, or
permitted to be placed upon any residential site outside the
buildings thereof unless (i) the same shall be underground or in the conduit
attached to a building or (ii) is approved by the
Declarant or the Architectural Control Committee.
Section 9. Antennas. No television. antennas, including
satellite communication dishes, or such similar devices, (other
than "mini dishes" with a diameter of less than 24 inches placed
in the location approved by the Declarant or the Architectural
Control Committee), radio aerials, ham radio broadcast or
receiving apparatus, shall be erected, maintained or placed on
any residential site without specific written approval by the
Declarant or the Architectural Control Committee. Rotary beams
or other similar devices shall not be constructed on any
residential site.
Section 10. Animals.
No livestock, animals, poultry or fowl shall be kept on any Lot
other than animals or birds of the type and species generally
recognized as common household pets in the immediate area, such
as dogs, cats, canaries and parakeets which are kept on said
property solely as household pets; provided that no such household pet which is or
becomes an annoyance or nuisance to the neighborhood
shall thereafter be kept on any Lot. No dog houses, dog runs or
dog kennels may be placed on any Lot unless they are screened
from the view of neighboring properties and the streets and do
not create an annoyance or nuisance. All dogs shall be kept in
the residence or garage at night so as to eliminate disturbances
related to barking does while other residents are trying to
sleep.
Section 11. Garbage
Disposal. The Owners of the Lots in the Subdivision
shall be responsible to assure that no garbage can or other
receptacle will be visible from any place outside the premises
except on collection day.
Section 12.
Clotheslines. No
Owner or occupant of any Lot shall place or permit clotheslines thereon which are visible from
any Lot or street in the Subdivision.
Section 13. Vehicles. No boats, boat trailers, house trailers,
automobiles, trucks, campers,
motor homes, or other
vehicles, or any part thereof, not in actual current use shall
be stored or permitted to remain on any Lot unless the
same is stored or placed in a garage or other fully enclosed
space, or is entirely screened so as not to be visible from any
streets and abutting Lots.
Section 14. Trash
and Accumulations. No trash, refuse pile, vehicles,
underbrush, compost, or other unsightly growth or objects shall
be allowed to group, .accumulate or remain on any Lot so as to
be a detriment or unreasonable annoyance to the Subdivision' or
become a fire hazard. In the event any such condition shall
exist upon any Lot, Declarant may enter upon said Lot and remove
the same at the expense of the Lot Owner who, on demand shall'
reimburse Declarant for the cost thereof, and such entry and
removal shall not be deemed a trespass.
Section 15. Restriction
Against Wells. No Lot or Owner of
any Lot may have placed or constructed on, upon or within the
confines of such Lot or any Common Area any water or irrigation
wells for any purposes: whatsoever.
Section 16. Woodpiles. Woodpiles or wood supplies
shall not be stored on any front or side yard, or be visible
from the streets within the Subdivision.
Section 17. Protection of Trees. Homeowners shall not cut down
trees located within the Subdivision unless such trees are dead.
It shall be necessary for homeowners to obtain the permission of
the Declarant or the Architectural Control Committee before
cutting or pruning such trees. This provision only applies to
trees in the Subdivision when the Declarant commenced
development and shall not apply to trees which Owners plant on
their Lots.
Section 18. Deviation. Declarant hereby reserves the right to
enter into agreement with the grantee of any Lot or Lots
(without the consent of the Owners of any other Lots) to deviate
from the conditions, restrictions, limitations or agreements
contained in this Declaration. Any deviation shall be manifested
in an agreement in writing and shall not constitute a waiver of
any such condition, restriction, limitation, or agreement as to
the remaining Lots in the Subdivision and the same shall remain
fully enforceable as to all other Lots located in the
Subdivision.
Section 19. Additional Restrictions. Declarant may from time to
time during the Development Period impose or eliminate
restrictions on all or any part of the Subdivision, including
but not limited to designation of specific height restrictions,
reservation of view corridors, color restrictions and fencing
restrictions. Such restrictions shall be enforceable by the
Declarant and/or the Association.
Section 20. Easements and Restrictions on Final Plat. Easements,
restrictions and other obligations set forth in the recorded
Plat are incorporated herein and hereby reserved on each Lot as
shown on the final approved Plat.
Section 21. Sales
and Construction Facilities. Notwithstanding any other provision in this Declaration to the.
contrary, it is expressly permissible during the Development
Period for the Declarant and its agents, employees or nominees, to maintain on any
portion of the property owned by the Declarant or
Association such facilities as the Declarant may, reasonably
feel are required, convenient, or incidental
to the construction CD and/or'
sales :of lots or improvements thereon. The Declarant may
permit, in writing, an individual owner to maintain temporary
equipment and construction material on the Owner's Lot when the
Declarant feels the same is reasonably required, convenient or
incidental to construction activities for improvement on said
Lot.
ARTICLE IX
Building. Restrictions
Section 1. Plans for Residences
Must be Approved. Any Residence
constructed in the Plat by a builder other than the Declarant
must be constructed in accordance with a plan approved by the
Architectural Control
Committee. The requirements for the plans are described in
Article X. All buildings and other structures must be
designed by an architect, who is either registered to practice
in the state of Washington, or is a designer approved in writing
by Declarant or its nominee.
Section 2. Building
Setbacks. Setback requirements for all buildings and
structures in the Subdivision shall be established in accordance
with the requirements of the King County or the City of
Sammamish and the Declarant or Architectural Control Committee.
Structures, fill or obstructions
(including but not limited to decks, patios, outbuildings, eave
overhangs, chimneys, bay windows and similar projections) shall
not be permitted within building setback lines or drainage
easements. Grading and
fencing shall not be permitted within drainage easements unless
approved by King County or the City of Sammamish. There
shall be no direct vehicular access to or from 205th Place N.E.
from those Lots which abut said street.
Section 3. Minimum
Size Requirements. No building shall be allowed on
any Lot in the Subdivision except one single-family dwelling
house, all for the use and occupancy of one immediate family and
attendant bona fide domestic servants only. Any auxiliary
building must be so designed and constructed as to be compatible
in appearance with the main building and must have the approval
of the Declarant or the Architectural Control Committee. Each
Residence must have a private enclosed car shelter for not less
than two cars. Each Residence shall have a fully enclosed living
area, excluding attached garage. or carport, which has a floor
area of not less than 2,200 square feet in the case of
onestory houses and 2,800 square
feet in the case of two-story houses. The above requirements do
not supersede any governmental requirements that are more
restrictive, or any requirements adopted or modified by the
Declarant that are specific to individual Lots.
Section 4. Maximum
Height Restrictions. No such dwelling house shall
exceed two (2) stories (excluding the basement) or be more than
thirty-five (35) feet in height, without prior written approval
of the Declarant. Height of buildings for purposes of this
Section shall be measured from the
highest point at which the
natural contour of the ground comes in, contact with such
building, or structure. The Declarant may, at any time
and within, its sole discretion, adopt, supplement or modify
height restrictions applicable to individual Lots for the
purpose of maintenance of views throughout the Subdivision. The
height restrictions so adopted shall, unless specifically stated
to the contrary, apply to any structure, tree or vegetation.
Said restrictions need only the consent and signature of the
Declarant, shall be valid and binding upon recordation of the
same, and may occur at any time, provided, however, that any Lot
that has a structure which has been completely constructed and
approved in accordance with the provisions of this Declaration
may not have its height restriction reduced to a point below the
height of the completed residence.
Section 5.
Landscaping. Each lot shall be landscaped in
accordance with plans and specifications as now or hereafter
adopted by the Declarant. Notwithstanding the existence of plans
adopted by the Declarant, all landscaping shall be thoughtfully
done and in a manner which minimizes adverse view impacts to
other Lot Owners in the Subdivision. All landscaping, including
front yards, side yards and rear yards, must be completed within
ninety (90) days from the date of occupancy of the Residence,
building or structure constructed thereon; in the event of undue
hardship due to weather conditions, this provision may be
extended for a reasonable length of time upon written approval
by the Declarant or the Architectural Control Committee.
Section 6.
Construction. All construction of properly authorized
improvements on any residential site which have been commenced,
shall be diligently pursued to completion thereof in a manner
and at a rate reasonably consistent with building standards
prevailing in the immediate area relating to high quality
construction of a similar type, and in no event shall the period
of construction of any improvement exceed nine (9) months from
the date of commencement of construction to completion as to
external appearance, including finished painting. No auxiliary
building shall be deemed completed as long as the dwelling house
itself is incomplete. Unless written approval is obtained from
Declarant or its nominee, no building shall be erected upon any
Lot so that any part thereof, excluding eaves or overhangs,
shall be:
(a)
closer
than twenty (20) feet to the boundary line of said Lot which
extends along a platted street in the Subdivision;
(b)
closer
than five (5) feet to the rear boundary line of said Lot; or
(c)
closer than five (5) feet to any other
boundary line of said Lot.
The
construction of residences shall also comply with the minimum
floor elevations, if any, specified for each Lot on the Plat.
All building downspouts, footing drains and drains from all
impervious surfaces such as patios and driveways shall be
connected to the permanent storm drain outlet in accordance with
the Plat. For those Lots that are designated for individual lot
filtration systems, the systems shall be constructed at the
time` of the building, permit and shall comply with the plans on
file, as required in the Plat.
Section 7. Building
Materials. All Residences constructed on the Lots
shall be built of new materials,.'
with the exception of decor items such as used brick, weathered
planking, and similar items. The Declarant or the Architectural
Control Committee shall determine whether a used material 'is a
decor item. In making this determination, the Declarant or the
Architectural Control Committee will consider whether the
material harmonizes with the aesthetic character
of :the Sterlingwood development and
whether the material would
add to the attractive development of the subdivision. All roofs,
siding and trim shall be in accordance with
specifications as to type, style, color and other criteria as
adopted by the Declarant or the Architectural Control Committee.
All visible masonry shall be natural or cultured stone, brick or
stucco. Chimney chases shall be integrated in design and capped
to avoid exposed flue.
Owners who do
not have the Declarant construct their homes shall be obliged to
use materials of a quality equivalent to those materials which
the Declarant has utilized for the construction of the homes in
the Subdivision. If inferior materials are utilized, the
Declarant or the Architectural Control Committee will require
that such materials be replaced. The grade and price of
materials shall be relevant considerations in determining
whether the materials are of equivalent quality.
Section 8. Permits.
No construction or exterior addition or change or alteration of
any structure may be started on any portion of the Subdivision
without the Owner first obtaining a building permit and other
necessary permits from the proper local governmental authority.
Section 9. Codes.
All construction shall conform to the requirements of the State
of Washington codes (building, mechanical, electrical, plumbing)
and local requirements required by the King County or the City
of Sammamish in force at the commencement of the construction,
including the latest revisions thereof.
Section 10. Entry
for Inspection. Any agent, officer or member of the
Declarant, the Board or the
Architectural Control Committee may, at any reasonable
predetermined hour, upon 24 hours' notice during
construction or exterior remodeling, enter and inspect the
structure to determine if there has been compliance with the
provisions of this Declaration. There is hereby created an
easement in favor of the Declarant, the Board, and the,
Architectural Control Committee over, upon and across each Lot
for the purpose of making and carrying out such inspections.
Section 11.
Exclusions. Notwithstanding anything to the contrary
herein, plans and specifications for Residences, buildings or
structures constructed by Declarant shall not be subject to the
restrictions of this Article IX.
ARTICLE X
Architectural Control
Section 1.
Declarant Control. For the purpose of further
insuring the development of the Subdivision as a residential
area of high standards, Declarant reserves the right to control
the buildings, structures and improvements, including the
location thereof, placed on each Lot and the Common Area.. ' The
Owner or occupant of each Lot by acceptance of title thereto or
by taking possession' thereof,
covenants and agrees that
no (a) Residence, building, wall, fence, outbuilding (e.g.,
garden shed, tool shed, pet house or playhouse),
playground equipment, signs, lamp post, recreational facilities
(e.g., swimming pool, hot tub, spa, basketball hoop, basketball
court, tennis court, pool house or sport court) or other
structure or improvement ("structure" or "building") shall be
placed upon said premises, and (b) no
external addition,
modification, structural alteration or change of design, color
or materials, shall be made to any building or structure
on said premises, unless and until the plans, specifications and
site plans have been approved in writing by the Declarant (or
its nominee as provided herein). In the case of such approval,
only those plans receiving such approval may be placed,
constructed or maintained on the Lot.
Section 2.
Architectural Control Committee. The Declarant may
nominate the Association or an Architectural Control Committee
to perform the duties specified in this Section. The
Architectural Control Committee shall have three (3) members who
each serve three (3) year terms. The Declarant may appoint the
members until such time as all Lots in the subdivision have been
sold and all plans approved, at which time the Declarant may
transfer said appointment power to the Board of Directors.
Committee decisions shall be determined by a majority vote by
the members of the Committee.
Section 3.
Submission of Plans. Application for approval of
plans to the Declarant or the Architectural Control Committee
shall be accompanied by a fee established by the Declarant or
the Architectural Control
Committee. The application fee shall not exceed Two Hundred and
Fifty dollars and
no/100 Dollars ($250). In connection
with such application, complete plans and specifications of all
proposed buildings or structures and exterior alterations,
together with detailed plans showing the proposed location of
the same on the particular building site, shall be submitted to
the Declarant or the Architectural Control Committee, at least
sixty (60) days prior to the proposed construction starting
date, and such construction or alteration shall not be started
until written approval thereof is given by the Declarant or the
Architectural Control Committee. The written submission shall,
contain the, name and address of the Owner submitting the plans and specifications,
identify the Lot involved, and the following information
about the proposed, structure:
(a)
The
location of the structure upon the Lot;
(b)
The
elevation., of the structure with reference to the existing and
finished Lot;
(c)
The
general design;
(d)
The
interior layout;
(e)
The
exterior finish materials and color including roof materials;
(f)
The
landscape plan; and
(g)
Other
information which may be required in order to determine whether
the structure conforms to
the standards articulated in this Declaration and the standards
employed by the Declarant or the Architectural Control
Committee in evaluating development proposals
Section 4. Review
of Plans. Refusal or approval of plans and
specifications may be based on any around, including purely
aesthetic grounds, which in the sole and uncontrolled discretion
of the Declarant or the Architectural Control Committee shall
deem sufficient.
As to all
construction and alterations within or upon the property, the
Declarant or the Architectural Control Committee shall have the
right to refuse to approve any design, plan or color for such
improvements, construction or alterations which is not suitable
or desirable in the opinion of the
Declarant or the
Architectural Control Committee for any reason, aesthetic or
otherwise, and in so passing upon such design, the
Declarant or the Architectural Control Committee shall have the
right to take into consideration the suitability of the proposed
building or other structure, and the material of which it is to
be built and the exterior
color scheme, to the site upon which it is proposed to erect the
same, the harmony thereof with the surrounding Lots and
improvements, and the effect or impairments that .said
structures will have on the view of surrounding building sites,
and any and all: facts, 'which: in the opinion of the Declarant
or the Architectural Control Committee shall affect the
desirability or suitability of such proposed structure,
improvements or alterations., Any action or inaction by the
Declarant or the Architectural Control Committee, or.
their respective agents, members or
employees, shall be solely discretionary and .all parties,
Owners, Members and/or potential members shall hold and save
harmless the Declarant and. the Architectural Control Committee,
and their respective agents, members or employees, provided any
such actions or inaction's are in good faith.
Section 5. Approval
Procedures. Should the Declarant or its nominee fail
to - approve or disapprove the plans and specifications
submitted by an Owner of a residential site within the.. Subdivision
within thirty (30) days after written request therefore, then
the applicant may request in writing
a response within an
additional fourteen (14) days. In the event there' remains no
response, the plans shall be deemed approved, provided,
however, the plans must still comply With the Declaration in all
other respects. No building, wall, fence, sign, swimming pool or
other structure shall be erected or be allowed to remain on any
residential site which violates any of the covenants or
restrictions contained in the Declaration.
Section 6. Exclusions. Notwithstanding, anything to the contrary
herein, Lots owned by the Declarant, and any plans and
specifications for Residences, buildings or structures
constructed by Declarant shall not be subject to this Article X
or any review by the Architectural Control Committee.
Section 7. Compliance with Codes. In all cases, ultimate
responsibility for satisfying all local building codes and
requirements rests with the Owner and contractor employed by the
Owner. The Committee has no responsibility for ensuring that
plans and specifications which it reviews comply with relevant
building and zoning requirements. No person on the Committee or
acting on behalf of the Committee shall be held responsible for
any defect in any plans or specifications which are approved by
the Committee nor shall any member of the Committee or any
person acting on behalf of the Committee be held responsible for
any defect in a structure which was built pursuant to plans and
specifications approved by the Committee.
Section 8. Enforcement. In any judicial action to enforce a
determination of the Committee, the losing party shall pay the
prevailing party's attorneys' fees, expert witness fees, and
other costs incurred in connection with such a legal action or
appeal.
ARTICLE XI
Rules and Regulations
The
Association shall have the power through corporate resolution,
and the Declarant during the Development Period, to adopt and
enforce rules and regulations governing the use of the Common
Areas or activities within the Subdivision, so long as such
rules and regulations are consistent with law' or this
Declaration. The Association or the Declarant may prescribe
penalties for the violation of such rules and regulations,
including. but not limited to
suspension of the right to use the Common Areas or portions
thereof 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 XII
Taxes
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 each respective
Lot, or personal property located on or in each respective Lot.
The Association shall likewise pay without abatement, deduction
or offset, all of the foregoing taxes, assessments and charges
levied or assessed against the Common Area.
ARTICLE XIII
Indemnification and
Liability
Section 1.
Indemnification. To the full extent not prohibited by
the Washington Nonprofit Corporation Act and the Washington
Business Corporation Act, each member of the Board of Directors,
each member of an Association committee, each officer of the
Association, and the Declarant shall be indemnified by the
Association against all expenses and liabilities, including
attorneys' fees, reasonably incurred by or imposed in connection
with any proceeding to which he or she may be a party or in
which he or she may become involved by reason of holding or
having held the position of Director, Association committee
member, Association officer, or Declarant, or any settlement
thereof, whether or not he or she
holds such position at the
time such expenses or liabilities are incurred, except to the
extent such expenses
and liabilities are covered by insurance and except in such
cases wherein such person is adjudged guilty of willful
misfeasance in the performance of his duties; provided that, in
the event of a settlement, the indemnification shall apply only
when the Board of Directors approves such settlement and
reimbursement as being for the best interests of the
Association. Nothing herein shall, however, be
deemed to obligate the
Association to indemnify any Owner, of
a Lot who is or has been a Board member or officer of the
Association with respect to any duties or obligations assumed or
liabilities incurred by
such Owner under. and by virtue of
this Declaration as an Owner of a Lot covered thereby. The
foregoing right' of
indemnification shall not be exclusive of other rights to which
such Director, officer or committee
member may be entitled to
through the Articles of Incorporation of the Association, this
Declaration, or as a matter of law.
Section 2.
Limitation of Liability. No Director, officer or
committee member shall have liability to the Association or its
Members for monetary damages for conduct as a Director, .officer
or committee member, except for acts or omissions that involve
intentional misconduct or a knowing violation of law by. the
Director, officer or committee member, or ,for any transaction:
from which the Director, officer or committee member will
personally receive a benefit in money, property or services to
which the Director, officer or committee member is not legally
entitled, or for failure to exercise the degree of care and
loyalty required under RCW 24.03. The Association and all
Members and Owners waive
any claims arising from or related to, directly or indirectly,
any conflicts (actual or apparent) arising from agents of
the Declarant also holding positions within the Association
(e.g., Director or officer) during the Development Period.
ARTICLE XIV
General Provisions
Section 1.
Covenants Running With the Land. These covenants are
to run with the land and be binding on all parties and persons
claiming under them for a period of thirty (30) years from the
date this Declaration is
recorded, after which time the covenants shall be automatically
extended for successive periods of ten (10) years unless
an instrument signed by a majority of the individuals then
owning Lots has been recorded which reflects their intent to
amend the covenants in whole or in part. In the event that any
provision or provisions of this Declaration violate the rule
against perpetuities, such provision or provisions shall be
construed as being void and of no effect as of twenty-one (21)
years after the death of the last surviving initial Board member
of the Association or twenty-one (21) years after the death of
the last survivor of all the initial Board members' children and
grandchildren who shall be living at the time this instrument is
executed, whichever is later. In the event this Declaration is
extended to include adjoining
lands through the annexation procedures herein, this Declaration
may only be terminated or changed in conjunction with the
adjoining lands, and in such case, the agreement of the then
Owners of a majority of all Lots subject to this Declaration, as
amended and extended, shall be required to effect such
termination or change.
Termination of this Declaration or modifications which
materially affect Common Areas or obligations of the
Association shall first receive approval from any governmental
agency potentially impacted by the termination or modifications.
Any termination or change shall become effective upon the
recording of such' agreement, duly signed and acknowledged by
the necessary parties, as above provided, in the offices of the
Auditor of King County, Washington.
Section 2. No Abandonment. No Owner may avoid or diminish
the burdens or obligations imposed by this Declaration by nonuse
of any Common Area or abandonment of his or her Lot.
Section 3. Enforcement. The Association, the Board, or any Owner
shall have the right to enforce, by any legal proceeding at law
or in equity, including without limitation injunctive relief,
all restrictions, conditions, covenants, reservations, liens and
charges now or hereafter imposed by the provisions of this
Declaration.
Section 4. Attorney’s Fees. In the
event that it is necessary to seek the services of an attorney
in order to enforce any provision of this Declaration or any
lien created pursuant to the authority of this Declaration, the
individual Owner against whom 00 enforcement is sought shall be
obliged to pay any attorney’s fees and costs incurred, and such
amount shall constitute alien against the Owner's lot.
Section 5. Notices.
All notices, demands, or other communications 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: (in the case of a notice to Declarant,
the Association or to fewer than to all
of the,. Owners), or if
mailed first-class postage prepaid (in the case of a notice to
all of the Owners), shall be deemed given three 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 owned by
such Owner; provided that an 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
he or she becomes an Owner. If the address of Declarant or the
Association shall be changed, notice shall be given to all
Owners.
Section 6. Severability. The invalidity of any one or more
phrases, clauses, sentences, paragraphs or sections hereof shall
not affect the remaining portions of this Declaration or any
part thereof. In the event that one or more of the phrases,
clauses, sentences, paragraphs or sections contained herein
should be invalid, this Declaration shall be construed as if the
invalid phrase, clause, sentence, paragraph or section had not
been inserted.
Section 7. 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.
Section 8. Amendment. Unless otherwise specifically addressed
elsewhere, an amendment to
any term or provision of this Declaration shall require the
approval of the Declarant and the affirmative vote of
seventy-five percent (75%) of the voting power of the
Association. This Declaration may be amended during the Development Period
by the Declarant with an affirmative vote of fifty-one percent
(51%) of the voting power of the Association. Amendments to any
provision of this Declaration which affect any Lot or Lots owned
by the Declarant, or which Falter the rights, duties, and
obligations of Declarant, shall require the affirmative written
consent of the Declarant at all times. In the event that the
Declarant has the necessary votes and desires to amend the
Declaration during the Development Period, the Declarant may
waive any requirements to conduct a membership meeting if and to
the extent permissible by law. Any amendment to this Declaration
must be recorded with the King County Auditor.
Section 9. Declarant Right to Assign. The Declarant may assign
any and all of its rights, powers, obligations, privileges, and
interest under this instrument to any other person or concern,
and in any.; such case any
such successor or assignee may exercise and enjoy such rights,
powers, privileges and
interest and shall be
responsible for such obligations to the same extent as Declarant
would have been had such assignment not been made.
Section 10. Successors
and Assigns. The covenants restrictions and
conditions articulated in this Declaration shall run with the
land and shall accordingly be binding on all successors and
assigns.
Section 11. Annexation. Declarant reserves the right, but is not
obliged, to add other parcels to the Subdivision. Declarant
reserves the right to determine the number and location of any
Lots within the other parcels. If any other parcels are added to
the Subdivision, all of the other parcels shall be governed by
this Declaration. The character of the improvements which may be
later added to the Subdivision on other parcels shall be
compatible with improvements already existing on the
Subdivision; provided,
however, that Declarant may develop the other parcels for any
lawful purpose that is allowed by applicable laws and
regulations. All easements for ingress, egress, utilities and
use of facilities, unless otherwise specifically limited, shall
exist in favor of all Lot Owners in the other parcels.
Section 12. Liberal
Construction. The provisions of this Declaration
shall be liberally construed to effectuate its purpose of creating a uniform plan
for the operation, maintenance, construction, appearance
and harmony of the Subdivision. Any rules of strict construction
of any ambiguities in this Declaration or related documents
against the Declarant or the Association after the Development
Period are not applicable.
EXHIBIT A
Legal Description
That portion
of the West half of the Northeast quarter of Section 29,
Township 25 North, Range 6 East, W.M., in King County,. Washington,' described as follows:
-
Commencing
at the Northeast corner of said subdivision:
-
Thence
North 89°22'12" West along the North line of said
subdivision, a distance of 843.98 feet to a
point on said North
line being 491.40 feet East, as measured along said North
line from the Northwest corner of said subdivision;
-
Thence South 16°06'44" West a distance of 357.31 feet;
-
Thence
South 5°26'40" East a distance of 235.00 feet;
-
Thence
South 22°26'40". East a distance of 305.00 feet;
-
Thence
South 46°26'40" East a distance of 190.00 feet ;
-
Thence
South 61°26'40" East a distance of 230.00 feet;
-
Thence South 28°33'20" West a distance of 180.00 feet;
-
Thence South 17°33'20" West a distance of 200.00 feet;
-
Thence
South 51°09'59" East a distance of 190.00 feet;
-
Thence
South 57°09'59" East a distance of 250.00 feet;
-
Thence
South 71 °09'59" East a distance of 240.00 feet to a point
on the East line of said subdivision;
-
Thence North 00°50'01" East, along the East line of said
subdivision a distance of 1771.84 feet to the point of beginning.
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