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HomeMy WebLinkAbout2000 - Declaration of Protective Covenants, Restrictions, Easements and Reservations for Fosterview Estates - Dujardin Development Company - 20000505000736RETURN ADDRESS: John E. Hanson Hanson Baker Ludlow Drumheller P.S. 10777 Main Street, Suite 300 Bellevue, Washington 98004 CONFORMED COPY 20000505000736 BUCK COV 38.00 PAGE 001 OF 031 05/05/2000 10:43 KING COUNTY, WA WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04) DOCUMENT TITLE(S) (or transactions contained therein): Declaration of Protective Covenants, Restrictions, Easements and Reservations for Fosterview Estates REFERENCE NUMBERS) OF DOCUMENTS ASSIGNED OR RELEASED: NONE • Additional reference #s on page of document(s) GRANTOR(S) (Last name first, then first name and initials) Dujardin Development Company, Declarant ❑ Additional names on page of document GRANTEE(S) (Last name first, then first name and initials) Dujardin Development Company • Additional names on page of document LEGAL DESCRIPTION (abbreviated: i.e., lot, block, plat or section, township, range) Portions of Government Lots 2 and 3, Section 15, Township 23 North, Range 4 East, W.M; portion of Tract 67, Riverside Interurban Tracts, Vol. 10 of Plats, page 74; and portion of Tract 19, Fostoria Garden Tracts, Vol. 9 of Plats, page 95, in King County, Washington. © Additional legal is on pages 25 and 26 of document ASSESSOR'S PROPERTY TAX PARCEL /ACCOUNT NUMBER 1523049003; 1523049078; 2613200151; 7340601062 • Assessor Tax # not yet assigned Y: \W P\Dujardin \ccr. final.cmw.doc z , =z C4 g: 00 N o, W= J I— UJ O: 2 J < (12d z F. O z UJ 2p W W — O. jz O ~` z DECLARATION OF .. PROTECTIVE COVENANTS, RESTRICTIONS, EASEMENTS AND RESERVATIONS FOR FOSTERVIEW ESTATES, A PLANNED RESIDENTIAL DEVELOPMENT TABLE OF CONTENTS t SECTION 1. DEFINITIONS 1 1.1. Association 1 1.2. Association Action 2 1.3. Board 2 1.4. Building 2 1.5. Common Areas 2 1.6. Declarant 3 1.7. Lot 3 1.8. Owner 3 1.9. Plat Map . 3 1.10. Member 3 1.11. Property 3 1.12. Declaration 3 SECTION 2. FOSTERVIEW ESTATES HOMEOWNERS ASSOCIATION 4 2.1. Establishment 4 2.2. Voting 4 2.3. Proxies 4 SECTION 3. BYLAWS OF THE ASSOCIATION 4 3.1. Adoption of Bylaws and Amendments 4 3.2. Initial Board of Directors 5 SECTION 4. PROPERTY USE RESTRICTIONS 5 4.1 Business and Commercial Use of Property Prohibited 5 4.2. Nuisance Prohibited 5 4.3. Signs 5 4.4. Overnight Parking Prohibited 5 4.5. Motor Vehicles 6 4.6. Nuisances; Hazardous Activities; Lighting 6 4.7. Animals 6 - Y: \WP\Dujardin\ccr. final.cmw.doc z few; QQom: J U . O fa CO Ill:. . 'w I: • J it. • CO O J: r!- w • • Z 1` z °: • D o; ;w • :=V p w z 4.8. Trash Disposal 7 4.9. Unsightly Conditions 7 4.10. Antennas 7 4.11. Storage 7 4.12. Machinery and Equipment 7 4.13. Development Activities Exempted 8 4.14. Limitations on Common Area Development 8 4.15. Limitations on Additional Impervious Surfaces 8 4.16. Open Space Easement 8 z z • 1- —1 U U O< y °: SECTION 5. ALLOCATION OF MAINTENANCE RESPONSIBILITIES 8 w I 5.1. Association Responsibilities 8 cn u. 5.2. Owners' Responsibilities 9 w 01. 5.2.1. General. 9 ,2 g J' 5.2.2. Specific Responsibilities for Owners of Lots 1 and 2 9 LL 5.2.3. Special Responsibilities for Owners of Lots 31 and 32.. 9 w a n; 5.2.4. Special Responsibilities for Owners of Lots 33 and 34.. 10 t— _: Z E.—, O` SECTION 6. MAINTENANCE ASSESSMENTS 10 w I-` 6.1. Creation of Lien and Personal Obligation of Assessment 10 2 D. 6.2. Purpose of Assessments 10 ;v u 6.3. Initial Assessment; Annual Assessments 11 ;Di—, ` 6.4. Estimated Assessments 11 w w` 6.5. Payment of Owners 12 6.6. Limitation on Use 12 . LL O: • zi 6.7. Record of Assessments 12 Cu co: 6.8. Special Assessments 12 :U - F.: I 6.9. Uniform Rate of Assessment 12 z 6.10. Default in Payment of Assessment -- Remedies 12 6.11. Foreclosure of Assessment Lien; Attorney's Fees and Costs 13 6.12. Homestead Waiver 13 6.13. Curing of Default 13 6.14. Continuing Liability for Assessments 14 6.15. Subordination of the Lien to Mortgages 14 SECTION 7. PROPERTY RIGHTS IN THE COMMON AREAS 14 7.1. Owners' Easement of Enjoyment in and to the Common Areas 14 7.2. Delegation of Use 15 7.3. Title to Common Areas 15 Y : \WP\Dujardin \ccr.final.cmw.doc SECTION 8. MANAGEMENT AND OPERATION OF COMMON AREAS 16 8.1. Control 16 8.2. Costs i 16 SECTION 9. LIABILITY AND HAZARD INSURANCE FOR THE ASSOCIATION 16 SECTION 10. ARCHITECTURAL CONTROL AND BUILDING AND CONSTRUCTION RESTRICTIONS 16 10.1. Establishment 16 10.2. ACC 17 10.3. Criteria 18 10.4. Exterior Finish 18 10.5. No Liability 18 10.6. Building and Construction Restrictions 18 10.6.1. Single Family Residence 18 10.6.2. Exterior Walls. 19 10.6.3. Exterior Colors 19 10.6.4. Fences. 19 10.6.5. Other Structures. 19 10.6.6. Prefabricated Buildings 19 10.6.7. Lighting 19 10.6.8. Temporary Occupancy and Temporary Buildings 19 10.6.9. Storage Sheds and Outside Storage. 20 10.6.10. Landscaping. 20 10.6.11. Topography. 20 10.6.12. New Construction. 20 10.6.13. Utility Service. 20 10.6.14. Contractor. 20 10.6.15. Effect of ACC Approval. 20 10.6.16. Commencement of Construction. 20 10.6.17. Completion of Construction 91 SECTION 11. INDEMNIFICATION OF CITY OF TUKWILA 21 SECTION 12. DEVELOPMENT PERIOD; DECLARANT'S RIGHTS DURING DEVELOPMENT PERIOD 21 12.1. Development Period 21 12.2. Notice of Termination of Development Period 22 12.3. Authority of Declarant During Development Period 22 - Y : \WP\Dujardin\ccr. final.cmw.doc SECTION 13. ENFORCEMENT 22 13.1. Enforcement , 22 13.2. Remedies /2 13.3. Waiver 22 13.4. Costs and Attorney Fees 23 - iv- YAWP\Dujardin\ccr.final.cmw.doc L DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS, EASEMENTS AND RESERVATIONS FOR FOSTERVIEW ESTATES, A PLANNED RESIDENTIAL DEVELOPMENT This Declaration of Protective Covenants, Restrictions, Easements and Agreements for Fosterview Estates, a Planned Residential Development ( "Declaration ") is made this 54 day of Phi , 2000 by Dujardin Development Company, a Washington corporation ( "Declarart "). RECITALS AND DECLARATION z w cc 2 6 D JU 0 0 CO 0 wI J I uJ 0 U a: cn t•- _, z� A. Declarant is the owner of the real property and improvements thereon legally 0. described in Exhibit A (the "Property "), commonly known as Fosterview Estates. The Property w w. is comprised of all the real property shown on maps recorded with the King County under 2 0i Recording No. o;COTOOSoSOc)d 3S, Volume 194, Pages Olga -Oevg . 8o cn'; B. Declarant hereby publishes and declares that the Property shall be held, sold, i 0 conveyed, encumbered, leased, rented, used, occupied, and improved subject to the following 0 covenants, conditions, restrictions, easements, reservations, and agreements, all of which are for w z': the purpose of enhancing and protecting the character, attractiveness, and desirability of U co F= F..=:. Fosterview Estates. Those covenants, conditions, restrictions, easements, reservations, and 0 agreements shall run with the Property and shall be a burden upon and a benefit to the Property Z and binding upon any person, firm, corporation or entity of any kind whatsoever acquiring or owning an interest in the Property or any part thereof, and their respective lessees, guests, heirs, executors, personal representatives, successors and assigns. Acceptance of an interest in any �.. portion of the Property shall be deemed acceptance of the terms and provisions of this Declaration. SECTION 1. DEFINITIONS 1.1. Association The term "Association" shall mean and refer to the Fosterview Estates Homeowners Association, an association of Owners of Fosterview Estates acting collectively in accordance with its governing documents and this Declaration. Y:\WP\Dujardin\ccr.final.cmw.doc -1- 1.2. Association Action The term "Association Action" shall mean and refer to a resolution of the Association in the form of either a bylaw or resolution duly passed by either the Board or by the Members of the Association at a Members' meeting. 1.3. Board The term "Board" shall mean and refer to the Board of Directors of the Association (or such other governing body the Association shall form) which shall have all powers authorized by this Declaration and the governing documents of the Association. 1.4. Building • The term "Building" shall mean and refer to any building or structure constructed or located in Fosterview Estates and all appurtenances thereto. 1.5. Common Areas The term "Common Areas" shall mean and refer to those portions of Fosterview Estates (and all improvements thereon) owned or held by the Association for the common use and enjoyment of the Owners, except any streets or other areas dedicated or conveyed to a governmental entity for public use. The Common Areas shall include, but are not limited to, the following: 1.5.1. All sidewalks and pedestrian access easements shown on the face of the Map which are not dedicated to municipalities, public agencies or others; and 1.5.2. All storm drainage, and retention facilities and other utility and water easements shown on the face of the Map which are not dedicated to public agencies, municipalities or others; and 1.5.3. All open spaces, sensitive areas, wetlands, parks, natural areas and all other areas shown on the face of the Map which are not designated as Lots and which have not been otherwise dedicated or deeded to any municipality. The Declarant may add to or subtract from the Common Areas during the Development Period as defined in Section 12.1 by an amendment to this Declaration. In the event the Common Areas described on the recorded Map are different from those described herein, the Common Areas described on the Map shall be deemed the Common Areas unless this Declaration has been amended or modified to change the Common Areas shown on the Plat Map. Y : \WP\Dujardin \ccr.final.cmw.doc —2— 1.6. Declarant The term "Declarant" shall mean and refer to Dujardin Development Company, a Washington corporation, or a person or entity to which it assigns its rights as Declarant. 1.7. Lot The term "Lot" shall mean and refer to any one of the residential lots located within the Property as shown on the Plat Map. 1.8. Owner The term "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of any Lot, including any persons or entities purchasing a Lot pursuant to the terms of a recorded real estate contract, but excluding those persons or entities having an interest in any Lot merely as security for the performance of an obligation. The Declarant shall be the Owner until it sells the Lot. 1.9. Plat Map The term "Plat Map" shall mean the maps of the Property recorded with the King County Recording No.OlovdSoSrQca 93s—. 1.10. Member The term "Member" shall mean and refer to every Owner who, as a result of such ownership, holds a membership in the Association with rights and responsibilities as set forth herein and in the governing documents of the Association. Each Lot shall have one (1) membership inseparably appurtenant to it. 1.11. Property The term "Property" shall mean the Property referred to herein as Fosterview Estates as more specifically described in Exhibit A, attached hereto. 1.12. Declaration The term "Declaration" shall mean and refer to this Declaration of Protective Covenants, Restrictions, Easements and Reservations for Fosterview Estates, a Planned Residential Development. YAWP\Dujardin \ccr.final.cmw.doc ANIUMMENIMIffingsmagagemotwoonovolozepatato - 3- <z rt 6 oo N 0 wI' LL J'. LL j. Y2 w:. z_�'. zI-. 11J uj :o U: 0 I- 11.1 w. F„. LI o: w z; =; z { SECTION 2. FOSTERVIEW ESTATES HOMEOWNERS ASSOCIATION 2.1. Establishment There is hereby created an association to be called "Fosterview Estates Homeowners Association." The Association shall be a nonprofit corporation formed and operated pursuant to RCW 24 and RCW 64.38. The Owner of Lots within the Property shall constitute the members of the Fosterview Estates Homeowners Association. 2.2. Voting Each Member shall be entitled to cast at any meeting of the Association one vote for each Lot owned by that Member. If any Lot is owned by more than one person or entity, the owners thereof shall appoint one person to serve as the voting Member and shall file a written statement with the Board signed by all of the Lot's owners naming the voting Member. Any such designation of a voting Member shall be revoked automatically when the Board receives a subsequent notice signed by all of the Lot's owners designating another voting Member, when the Board receives notice of the death or judicially declared incompetency of any of the Lot's owners, or when any of the Lot's owners conveys its interest in such Lot. The Association may suspend voting rights of any Member as provided in this Declaration or the governing documents of the Association. 2.3. Proxies • Members may vote at any meeting of the Association in person or by proxy. A proxy must be in writing, signed by the designated voting Member for the Lot and filed with the Board in advance of the meeting at which such vote is taken. No Owner may revoke any proxy given by a Member to or in favor of a holder of indebtedness secured by any recorded first mortgage (meaning a mortgage with priority over all other mortgages) upon the Member's Lot, without the prior written consent of the holder of such indebtedness. SECTION 3. BYLAWS OF THE ASSOCIATION 3.1. Adoption of Bylaws and Amendments Prior to the termination of the Development Period, the Declarant, acting pursuant to its authority to act on behalf of the Association, shall adopt Bylaws. During the Development Period, Declarant shall have sole authority to amend the Bylaws. After termination of the Development Period, except as expressly provided to the contrary herein, the Bylaws of the Association ( "Bylaws ") may be amended from time to time by a vote of not less than seventy percent (70 %) of the votes of all Members (including Declarant, if applicable), at any regular or special meeting of the Association duly called for that purpose. - 4- Y: \WP\Dujardin \ccr. f nal.cmw.doc L 3.2. Initial Board of Directors The Declarant shall designate the members of the initial Board. The initial Board shall serve until the Declarant transfers the management and administration of Fosterview Estates to the Board elected by the Members pursuant to the Bylaws after termination of the Development Period. Except as specifically provided herein to the contrary, the initial Board shall have the right to exercise all powers and perform all functions of the Board. SECTION 4. PROPERTY USE RESTRICTIONS 4.1. Business and Commercial Use of Property Prohibited No trade, craft business, profession, commercial or manufacturing enterprise or business or commercial activity of any kind which constitutes an annoyance to the neighborhood, the evidence of which is visible from the exterior of the building on the Lot or which increases traffic beyond usual residential volumes within Fosterview Estates, shall be conducted or carried on upon any Lot or within any building located within Fosterview Estates. The Association shall have final authority to determine if business conducted on a Lot is in compliance with this Section. 4.2. Nuisance Prohibited No noxious or offensive activities shall be carried on, in or upon any Lot, nor shall anything be done therein which may be or become an annoyance or nuisance to other Owners. 4.3. Signs No sign of any kind shall be displayed to the public view on any Lot without the prior written approval of the Board, except (1) customary name and address signs, (2) "For Sale" or "For Rent" signs of no more than six (6) square feet in size advertising the Lot for sale or rent, which signs must be removed promptly after sale or lease of the residence, (3) signs required by legal proceedings (and then the sign shall be no larger than eighteen inches by twenty-four (24) inches, unless mandated by statute or court order), (4) temporary signs for political advertising, garage sales, etc. (and then the sign shall be no larger than four (4) square feet and shall be in place no longer than sixty (60) days), (5) promotional and sales signs of the Declarant and/or its agents, and (6) permanent monuments (entry signage) and Common Areas identification signs. 4.4. Overnight Parking Prohibited No motor vehicles classed by manufacturer rating as exceeding one ton, recreational vehicle, mobile home, travel trailer, tent trailer, utility trailer, camper, boat, boat trailer, detached Y : \WP\Dujardin \ccr.final.cmw.doc - 5- camper, camper shell or other similar vehicles or equipment may be parked, maintained, constructed, reconstructed or repaired on any Lat Common Areas or street within Fosterview Estates. Notwithstanding the foregoing, any of the above described vehicles may be stored in a garage or behind the building line provided said vehicles are screened from other Lots, the street, or Common Areas and said screening device is in compliance with the rules and restrictions in this Declaration and as determined by the ACC or the Board. This paragraph shall not apply to cleaning, loading and short term parking which shall be permitted for a cumulative period not to exceed forty eight hours in any calendar month. 4.5. Motor Vehicles No automobile, motorcycle, motorbike, or other motor vehicle shall be constructed, reconstructed, repaired or rebuilt upon any Lot, Common Areas or street within Fosterview Estates, and no inoperable or unlicensed vehicle may be stored or parked so as to be visible from any neighboring Lot, Common Areas or street; provided, however, that this section shall not apply to (a) emergency vehicle repairs which require less than twenty -four (24) hours to complete, and (b) vehicles parked in garages which are not visible from any Lot, Common Areas, or street. 4.6. Nuisances; Hazardous Activities; Lighting No odors or loud noises shall be permitted to arise or emit from any Lot or Common Areas so as to render any such property or portion thereof, or activity thereon, unsanitary, unsightly, offensive or detrimental to any other property in the vicinity thereof or to the occupants of such property. No other nuisance or unsafe or hazardous activity shall be permitted to exist or operate upon any Lot so as to be offensive or detrimental to any other Lot or to its Owner or occupants. No firearms shall be discharged within the Property and no explosives of any kind shall be discharged or stored upon any of the Lots or permitted within the Property. No open fires shall be lighted or permitted on the Lots, except in a contained outdoor fireplace or barbecue unit while attended. 4.7. Animals A Owner may keep dogs, cats and other conventional, indoor household pets subject to rules and regulations adopted by the Association. No animal may be kept, bred or maintained for any commercial purpose. No animal shall be kept in number or under conditions reasonably objectionable in a closely built -up residential community. All animals must be kept solely as domestic pets. Other animals may be kept on Lots only upon written approval of the Association. The Association shall have the right to exclude any animal from the Property. When not confined to the Owner's Lot, pets within Fosterview Estates shall be leashed and accompanied by a person responsible for cleaning up any animal waste. No animal shall be allowed to make an unreasonable amount of noise or become a nuisance, as determined by the - 6- YAWP\Dujardin \ccr.final.cmw.doc z re 2 mow; 6 U U0 N 0; U) J F. 0) IL: ' uJ u.< = W z� H 0' zI ui U O-. o I, = U' O' iii z U co 'O z Board, at its sole discretion. 4.8. Trash Disposal Neither trash, debris nor rubbish of' any kind shall be dumped, allowed to accumulate or maintained on any Lot or Common Areas. All garbage and other waste shall be kept in appropriate sanitary containers located in appropriate areas and concealed from view. Yard waste, such as rocks, lawn and shrubbery clippings, dirt and other material resulting from landscaping work, shall not be dumped into public streets or ditches or on any of the Common Areas. The individual Owner shall be solely responsible to remove and dispose of all such materials. Should any Owner fail to comply with this covenant within ten (10) days following the date on which notice is mailed to him by the Association informing him of such violation, then the Association may have said materials removed and charge the expense of removal to said Owner, which shall be collectible as a special assessment. No outside incinerators are allowed on any Lot. • 4.9. Unsightly Conditions No Owner shall permit any unsightly condition to exist on his Lot. Unsightly conditions shall include, without limitation, litter, trash, junk or other debris; inappropriate, broken, damaged or ugly furniture or plants; nondecorative gear, equipment, cans, bottles, ladders, trash barrels and other such items; and air conditioning units or other projections placed on the exterior walls of any Building. The ACC may grant a written waiver of this covenant upon application by a Owner under conditions as provided in this Declaration. 4.10. Antennas No telephone, radio or television receiving or transmitting tower, antenna or dish more than thirty (30) inches in diameter shall be permitted on any Lot or Building. 4.11. Storage No storage under decks or overhangs or anywhere else on any Lot which is visible from any point outside the Lot shall be permitted. 4.12. Machinery and Equipment No machinery or equipment of any kind shall be placed, operated or maintained upon or adjacent to any Lot except such machinery or equipment as is usual and customary in connection with the construction (during residential construction only) of a building, appurtenant structure or improvement on a Lot, and machinery and equipment customarily used in the maintenance of landscaping. Y: \WP\Dujardin \ccr. final.cmw.doc — 7— z • • w. • 00 CO w • J u. w0 gm u. Q, = v Z Z 17' U 1—. !w w' t—: • • - 4 LL.z w �. z 4.13. Development Activities Exempted Nothing in this Declaration shall prevent Declarant, its successors and assigns and their contractors and employees from performing, developing and marketing the Property, including erecting and maintaining such structures and signs and conducting such business as Declarant deems necessary in order to accomplish such purpose. As used in this section, "successors and assigns" specifically shall not include purchasers of Lots improved with completed residences. 4.14. Limitations 011 Common Area Development There shall be no development undertaken in the Common Areas without the prior approval of both the Board and the City of Tukwila. The application for any such development shall be accompanied by the then current geotechnical findings and recommendations and the development shall be consistent with those findings and recommendations. 4.15. Limitations on Additional Impervious Surfaces No Owner shall construct any additional surfaces such as asphalt or concrete patios or parking areas on a lot without the prior permission of the Board and the City of Tukwila. The application for such additional impervious surfaces shall be accompanied by the then current geotechnical findings and recommendations and the development shall be consistent with those findings and recommendations. 4.16. Open Space Easement Open Space Easements are shown on the face of the Plat Map. Open Space Easements are not Common Areas. No Owner shall construct or place any structure (other than fences or utilities) within an Open Space Easement SECTION 5. ALLOCATION OF MAINTENANCE RESPONSIBILITIES 5.1. Association Responsibilities After termination of the Development Period, the Association shall operate and maintain the Common Areas as required or advisable. The responsibilities of the Association shall include, but are not limited to, the cleaning and maintenance of the water courses on Tracts A and B, the maintenance, repair and replacement of the fences around and across Tracts A and B, the maintenance, repair and replacement of the french drains in the Common Areas as shown on the Plat Map, the maintenance, repair and replacement of the retaining wall along the north Y:\WP1Dujardin\ccr.final.cmw.doc - 8- .z z z. mow. u6n •UO: • cv w L1.1 CU I. , N ti, wo g J. LL. , i d' z �. zI-.. U.1 ail O -, w w. • Z, UN: O ~, z boundaries of Lots 1 and 2, and maintenance of the trails beginning at the cul de sac end of South 137th Place to and along the North boundary of the plat as shown on the plat map. The Association may provide such additional common maintenance which it determines to be in the best interest of the Owners. 5.2.. . Owners' Responsibilities 5.2.1. General. Each Owner shall maintain his respective Lot and the Building located thereon in the same condition as a reasonably prudent homeowner would maintain his own home so that the Property will reflect a high pride of ownership. If any Owner fails to provide the initial landscaping or to maintain his Lot or the Building or landscaping thereon to the standards set forth above, the Association, after approval by two- thirds (2 /3rds) vote of the Board, may notify said Owner in writing of the maintenance required. If said notice is delivered to the nonperforming Owner and the noted condition is not remedied for a period of thirty (30) days, the Association, through its agents and employees, may enter upon said Lot and provide such maintenance, and levy an assessment against the nonperforming Owner and his Lot for the costs of providing said maintenance. Said assessment shall constitute a lien against the Lot owned by the nonperforming Owner, and may be collected in the same manner as any other annual or special assessment as hereinafter provided. If said assessment is not paid within thirty (30) days after it is levied, the Association shall have all the remedies for collection as provided in Section 6.10 of this Declaration. 5.2.2. Specific Responsibilities for Owners of Lots 1 and 2. The Owners of Lots 1 and 2 shall be responsible for the maintenance, repair and replacement of the common driveway which serves only their lots. All decisions for such maintenance, repair and replacement shall be by mutual agreement of the two (2) Owners. If the two (2) Owners fail to agree on any such decision, that decision shall be made by the Board upon written application of either owner. In any event, all costs for such maintenance, repair and replacement shall be share equally by the two (2) Owners. 5.2.3. Special Responsibilities for Owners of Lots 31 and 32. The Owners of Lots 31 and 32 shall be responsible for the maintenance, repair and replacement of the common driveway leading from the pavement of 42nd Avenue South adjacent to their respective lots to the westerly boundary of their respective lots. All decisions for such maintenance, repair and replacement shall be by mutual agreement of the two (2) Owners. If the two (2) Owners fail to agree on any such decision, that decision shall be made by the Board upon written application of either owner. In any event all costs for such maintenance, repair and replacement shall be shared equally by the two (2) Owners. YAWP\Dujardin \ccr.final.cmw.doc - 9- ..,rafi,i+?wAtirl i 4& ,' -1g;;,/,4 .t t2 •. • flx: Cf rx r 2 t i.4!' ri na, • • 5.2.4. Special Responsibilities for Owners of Lots 33 and 34. The Owners of Lots 33 and 34 shall be responsible for the maintenance, repair and replacement of the common driveway leading from the pavement of 42nd Avenue South adjacent to their respective lots to the westerly boundary of their respective lots. All decisions for such maintenance, repair and replacement shall be by mutual agreement of the two (2) Owners. If the two (2) Owners fail to agree on any such decision, that decision shall be made by the Board upon written application of either owner. In any event all costs for such maintenance, repair and replacement shall be shared equally by the two (2) Owners. SECTION 6. MAINTENANCE ASSESSMENTS 6.1. Creation of Lien and Personal Obligation of Assessment Each Owner is deemed to covenant and agree to pay to the Association all common expenses assessed against his Lot by the Association by acceptance of a deed or other instrument of conveyance, whether or not it shall be so expressed in any such deed or other instrument. Common expenses include, but are not limited to: (1) annual assessments or charges, and (2) special assessments. Said annual and special assessments, together with interest therein and costs of collection thereof (including reasonable attorneys' fees), shall be a charge on the Lot and shall be a continuing lien upon the Lot against which each such assessment is made. Each such assessment, together with such interest and costs of collection, shall also be the personal obligation of the Owner owning the Lot when the assessment is due. There shall be no assessment on any Lot until after the initial transfer of the Lot. The personal obligation for delinquent assessments shall not pass to the Owner's successors in title unless the lien for such delinquent assessment has been properly recorded prior to transfer of title or unless expressly assumed by the transferee. Provided, however, that in the case of a sale of any lot which is charged with the payment of an assessment or assessments payable in installments, the person-or entity who is the owner immediately prior to the date of any such sale, shall be personally liable only for the amount of the installment due prior to said sale. The new owner shall be personally liable for installments which become due on or after said sale. 6.2. Purpose of Assessments The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the Members thereof, their guests and invitees, and shall be used to improve, protect, operate and maintain the Common Areas and provide for performance of the duties of the Board. Y: \WP\Dujardin \ccr. final.cmw.doc z w _i . .0 00 N w' w =. J H CO IL w 0: ga =w z1_ 1- 0: z r~-. • 0o .0f-. w w: HU w F-; aiZ U N; Z 6.3. Initial Assessment; Annual Assessments At the time of the initial closing of the sale of each Lot, the escrow agent shall collect from each Owner, a start up contribution to the Association in the amount of $20.00 (which shall be used to reimburse Declarant for maintenance and operating expenditures during the Development Period). Unless changed by a vote of seventy percent of the Members, the initial z annual assessment (which is an additional charge to the start up contribution) shall not be in excess of $50.00 per year and shall be prorated for any partial year at the time of the purchase of 6 =' the Lot and shall be collected by the escrow agent at the closing of the purchase of the Lot. v 0 rn 0 CD ua Each year the Board shall access each Owner for an annual assessment in an amount �. which, in the aggregate is sufficient to meet the obligations of the Association, including without w LL uj0 limitation, maintenance of the private storm water drainage facilities located within the Property. 2 Commencing on January 1 following the termination of the Development Period and continuing g each year thereafter, the annual assessments shall not be increased by more than fifteen percent co <` (15 %) without the approval of seventy percent (70 %) of the Members voting at a meeting duly w called for such purpose. Notwithstanding the provisions set forth above, the Declarant shall not z be liable for any fees or assessments assessed or due prior to the termination of the Development z o' Period. w uj DI 6.4. Estimated Assessments U o cl' o Within sixty (60) days prior to the beginning of each calendar year or such fiscal year as Ill 0 the Board may adopt, the Board shall (a) estimate the annual assessments and special u... assessments for the Lots to be paid during such year; (b) make provisions for creating, funding z. and maintaining reasonable reserves for contingencies and operations, for maintenance, repair, v replacement and acquisition of Common Areas and facilities; and (c) take into account any 0 ~— expected income and any surplus available from the prior year's operating fund. If the estimated Z cash requirement proves inadequate for any reason, including nonpayment of any Owner's assessment, a special assessment may be levied during that fiscal year upon a majority vote of the Board. Written notice of the annual assessments shall be sent to every Owner. The Board's failure to fix the assessments for the next year before the expiration of any year shall not be deemed a waiver or modification in any respect of the provisions of this Declaration, or a release of any Owner from the obligation to pay the assessments, or any installment thereof, for that or any subsequent year, but the assessment fixed for the preceding year shall in that event continue until a new assessment is fixed. Y: \WP\Dujardin \ccr. final.cmw.doc 6.5. Payment of Owners Each Owner shall be obligated to pay its annual and special assessments to the Treasurer for the Association. Annual assessments shall be paid in full on or before the annual due date established by the Board. Special assessments shall be paid annually or in equal monthly installments or before the first day of each month during each year or at such time and in such other reasonable manner as the Board designates. 6.6. Limitation on Use All funds collected hereunder shall be expended for the purposes designated herein and for on other purpose. 6.7. Record of Assessments The Association shall keep an accurate record of its receipt and expenditures in chronological order. Such record shall specify and itemize the operation, maintenance, replacement and repair expenses of the Common Areas and any other expenses incurred. Records and vouchers authorizing such payments shall be available for examination by the Owners for any proper purpose at any reasonable time. 6.8. Special Assessments In addition to the annual assessments authorized above, the Association may levy in any fiscal year as the Board designates, a special assessment for the purposes of defraying, in whole or in part, the cost of any construction, reconstruction, repair, acquisition or replacement of a capital improvement upon the Common Areas, including fixtures and personal property related - thereto. The Board may also levy a special assessment against one or more Owners who are in violation of Sections 5.2, 5.3, 5.4 or any other provisions of this Declaration. 6.9. Uniform Rate of Assessment Both annual and special assessments must be fixed at a uniform rate for all Lots, except for assessments against a specific Owner imposed by the Board to reimburse the Association for costs incurred in bringing the Member or Lot into compliance with the provisions of this Declaration or the Bylaws. 6.10. Default in Payment of Assessment—Remedies If any assessment is not paid within thirty (30) days after it is first due and payable, such assessment shall bear interest at the highest rate permitted by law, or if no limitation is imposed by law, at eighteen percent (18 %) per annum, from the date on which it was due until paid. In - 12- Y: \WP\Dujardin \ccr. final.cmw.doc z Q ■ f- w SRC ; 00. u,c w =. CO� w0 LL = N F=-= zI. ,-0: 2 !O co. w LU CO F._ — z t. the event any annual or special assessment remains delinquent for more than thirty (30) days, the Board may, upon fifteen (15) days' written notice to the Owner, accelerate and demand immediate payment of the delinquent assessment, and any assessments which the Board reasonably determines will become due during the next succeeding twelve (12) months. If the assessments and any accrued interest are not paid in full within fifteen (15) days of the date of the notice, the Association may bring an action against the person or entity personally obligated to pay such assessments and/or record a lien for the amount of the assessments plus interest and attorney fees and costs incurred or estimated to be incurred in enforcing the lien with the county in which the Lot is located. The lien may be foreclosed in the same manner as a real property mortgage. Suit to recover a money judgment for unpaid assessments or charges can be maintained against the Owner in conjunction with or separate from foreclosure of the lien. The notice of assessment shall not be filed of record unless and until the Board has delivered to the defaulting Owner a notice of the intent to file the lien. 6.11. Foreclosure of Assessment Lien; Attorney's Fees and Costs The Declarant or Board may initiate action to foreclose the lien of any assessment on behalf of the Association. In any action to foreclose a lien against the Lot for nonpayment of delinquent assessments or charges, any judgment rendered against the Owner in favor of the Association shall include a reasonable sum for attorney fees and costs and expenses reasonably incurred in preparation for and pursuit of such action in addition to taxable costs permitted by law. The Association shall be entitled to reimbursement for all its attorney fees whether said attorney fees are incurred in negotiation, arbitration, litigation, foreclosure or collection action, bankruptcy or appeal. 6.12. Homestead Waiver Each Owner hereby waives, to the extent of any liens created pursuant to this Declaration, the benefit of any homestead or exemption law in effect at the time any assessment becomes delinquent or any lien is imposed pursuant to the terms of this Declaration, and hereby waives the right to claim such homestead or exemption prior to payment in full of all delinquent assessments. 6.13. Curing of Default If the Owner cures the default prior to foreclosure of the lien of assessment, the Board shall file and record a satisfaction and release of lien. The Board may assess a fee of $50 to cover the cost of preparation and recording of said satisfaction of lien. Said amount shall be paid prior to the filing of the satisfaction of lien. The notice of satisfaction of lien may be executed by any authorized representative of the Board. Y: \WP1Dujardin \ccr.6nal.cmw.doc - 13- z . =z • UO (00 Nw w0 J to z1 z o, %Ai ID o O co, C1ff U.1 W II 0 Z iU to O~ z 6.14. Continuing Liability for Assessments No Owner may exempt himself from his liability for annual or special assessments by abandonment of his Lot or abandonment of the use of any Common Areas. 6.15. Subordination of the Lien to Mortgages The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage now or hereafter placed on any Lot. Sale or transfer pursuant to a decree of foreclosure of any Lot which is subject to such first mortgage shall extinguish the lien of such assessments as to payments which become due prior to such sale or transfer. No such sale or transfer shall relieve such Owner from personal liability for any assessment due nor shall any Lot be relieved from paying assessments becoming due after foreclosure of the lien thereof. SECTION 7. PROPERTY RIGHTS IN THE COMMON AREAS 7.1. Owners' Easement of Enjoyment in and to the Common Areas Every Owner shall have a nonexclusive right and easement of enjoyment in and to the Common Areas owned or held by the Association. Such easement shall be appurtenant to and conveyed with the ownership of every Lot, even though such easement is not expressly mentioned or described in the conveyance or other instrument, subject to the following restrictions: 7.1.1. The Association's right to limit the number of guests of Owners, and to adopt rules and regulations governing use and maintenance of the Common Areas. 7.1.2. The Association's right to use and management of the common street portion of said Common Areas for access, roadway and utility purposes, including, but not limited to, pumps, pipes, wires, cables, conduits, culverts, ditches and other equipment, structures, supplies and material. 7.1.3. The Association's right to suspend the voting rights of a Member: (1) for any period during which any assessment against the Member's Lot remains unpaid; or (2) for a period not to exceed one hundred eighty (180) days for any infraction of the Association's published rules and regulations. 7.1.4. The Association's right to dedicate or transfer all or any part of the Common Areas to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Association. After the termination of the - 14- Y: \WP\Dujardin \ccr. final.cmw.doc Z Ce w 00 w is LL wO ga� I_ Q =w� r- w z �. F-0 z� ILI mu 2o ui U :0 •— • w. F=- U u-O .z: N, 0 Development Period, no such dedication or transfer shall be effective unless the Association records an instrument agreeing to such dedication or transfer, signed by seventy percent (70 %) of all Members prior to such dedication or transfer. 7.1.5. The rights reserved to the Declarant in this Declaration. 7.1.6. The Common Areas that are designated on the Map as open space, natural areas, wetlands, sensitive areas, steep slopes, flood zones and other specially designated areas shall remain in existing natural vegetation, (except any portions utilized for utility easements and passive recreation, as approved by the City of Tukwila) to protect the Common Areas. 7.1.7. Except with regard to utility easements, the following restrictions apply to activities within the Common Areas: (1) there shall be no removal of natural vegetation, specifically including trees, except in emergency or dangerous situations subject to the approval of the City of Tukwila; (2) there shall be no fires permitted within the Common Areas, except by governmental authorities; (3) there shall be no buildings or structures, whatsoever, placed or constructed within the Common Areas without the prior written consent of seventy percent of the Owners; (4) there shall be no motor vehicles allowed into Common Areas except those necessary for routine maintenance; and (5) the Common Areas shall not be used for dumping of grass, rocks, dirt and/or other materials. These restrictions are intended to protect the Common Areas and ensure that these areas will serve as a natural aesthetically pleasing, passive buffer between lots and other adjacent developments, for the mutual benefit of all Owners. 7.1.8. All other restrictions, limitations and reservations contained or provided for in this Declaration or the Bylaws. 7.2. Delegation of Use Any Owner may delegate its right of enjoyment of the Common Areas and facilities to the members of his family, his tenants and guests, in accordance with the Bylaws and subject to rules and regulations adopted by the Association. 7.3. Title to Common Areas Upon termination of the Development Period, the Declarant shall transfer and the Association shall hold title to the Common Areas as trustee for the Owners. - 15- Y:\WP\Dujardinlccr. final.cmw.doc SECTION 8. MANAGEMENT AND OPERATION OF COMMON AREAS 8.1. Control The Declarant shall have and hereby reserves for itself, its successors, and assigns, the right, during the Development Period and any period thereafter in which Declarant is a Owner, to utilize the Common Areas for its business uses and purposes, including, but not limited to, uses and purposes related to the construction, promotion and development of Fosterview Estates. Prior to the termination of the Development Period, the Declarant shall transfer the Common Areas to the Association, without warranty but free and clear of monetary encumbrances. Control and the management and administration of the Common Areas shall vest in the Association at the end of the Development Period subject to the Declarant's then existing rights of use under this Declaration. 8.2. Costs Until the termination of the Development Period, the Declarant shall pay all costs of maintaining and operating the Common Areas in excess of the funds collected by the Association under Section 6. After termination of the Development Period, the Association shall pay all costs of maintaining and operating the Common Areas. SECTION 9. LIABILITY AND HAZARD INSURANCE FOR THE ASSOCIATION The Association shall obtain such insurance policies as the Board deems in the best interest of the Members. All such insurance coverage shall be written in the name of the Association as trustee for each of the Members. The Declarant shall pay the costs of insurance obtained by the Declarant prior to conveyance of the Common Areas. SECTION 10. ARCHITECTURAL CONTROL AND BUILDING AND CONSTRUCTION RESTRICTIONS 10.1. ESTABLISHMENT An Architectural Control Committee ( "ACC ") is hereby established as a special committee of the Board. The ACC shall review all proposed construction for compliance with the architectural controls listed in this Section. The Declarant hereby reserves for itself, its successors and assigns, the right to exercise any and all powers and controls given to the Board or its authorized representatives as enumerated in Section 10.2 herein until the sale of the last lot owned by Declarant. The original ACC is comprised of: - 16- YAWP\Dujardin \ccr. final.cmw.doc David Allegre William Fowler Jinx Ponath - Harrison Dujardin Development Co. 9623 - 32nd Street SE Everett, WA 98206 Dujardin Development Co. 9623 - 32nd Street SE Everett, WA 98206 Dujardin Development Co. 9623 - 32nd Street SE Everett, WA 98206 A majority of the ACC may designate a representative to act for it. In the event of death or resignation of any member of the ACC, the remaining Members shall have full authority to designate a successor or to act alone. Neither the Members of the ACC nor its designated representative, shall be entitled to any compensation for services performed as a Member of the ACC unless authorized by a two- thirds (2 /3rds) vote of the Board. The term of office of the above - designated ACC shall terminate automatically upon the sale or conveyance of the last initial Lot owned by Declarant, if not sooner terminated by Declarant in the same way that the Development Period can be terminated by Declarant pursuant to Section 12 herein. The ACC shall continue after termination of the Development Period upon the Board's appointment of an ACC of three owners. 10.2. ACC At the termination of the Development Period, the Board or a committee of the Board shall appoint the members of the ACC. The ACC shall consist of three or more Owners. The ACC -so appointed shall have all the powers and authority of the ACC as stated and any reference in this Declaration. The shall must give its written approval before any person may erect, place or alter any Building, fence or other improvement on any Lot, or landscape any Lot. The ACC shall grant written approval upon two- thirds (2/3) affirmative vote of the ACC. In seeking such approval, a Owner or prospective Owner shall submit one copy of materials adequate to allow review of a proposed action for each ACC member, plus one additional copy for the files of the ACC. Submittals must include, at a minimum: (i) site plan; (ii) exterior elevations (all sides); (iii) color board showing all exterior colors and materials; and (iv) landscape and exterior lighting plan. The ACC may request additional details. The ACC shall approve or disapprove of such plans within thirty (30) days of said submittal. The ACC's decision shall be in writing. The ACC shall have the right to approve a proposal subject to compliance with conditions which may established by the ACC. If the ACC fails to approve or disapprove a plan within the thirty (30) day period, approval shall not be required, and this Section shall be deemed to have been fully complied with. The decisions of the ACC are final. Y: \WP\Dujardin\ccr. final.cmw.doc - 17- z aF zw. 6 JU U 0' rn C) w= J CO WO 2 ga CO = w' z1._` Zo w uj U� ;0 0 F- w W. = U. 1- O — O. w z. z 10.3. Criteria The ACC shall consider the following criteria in approving or disapproves a plan submitted to it: (a) the harmony of the external design, color and appearance of the proposal in relationship to the surrounding neighborhood; (b) the location of the proposed building on the lot in regard to slopes, soil conditions, existing trees and vegetation, roads and services, existing buildings and adjoining lots and buildings thereon; and (c) the compliance of the proposal with the covenants contained in this Declaration and any rules and regulations promulgated by the Board pursuant to this Declaration. 10.4. Exterior Finish The exterior of all structures shall be designed, built and maintained in such a manner to blend with the natural surroundings and existing structures within Fosterview Estates. Siding options shall consist of solid wood product or approved wood by- product, stucco or brick. All exterior paint colors shall be consistent with surrounding structures. No primary, reflective or fluorescent colors shall be used in any structure. Exterior trim, fences, doors, railings, decks, eaves, gutters and the exterior finish of garages and accessory buildings, if allowed, shall be designed, built and maintained to be compatible with the exterior of the structures they adjoin and the structures on adjacent lots. All structures shall be completed as to exterior appearances, including finish painting within nine (9) months from the date construction is commenced which shall be defined for the purposes of this paragraph as the date the foundation is poured. 10.5. No Liability The Members of the ACC shall have no personal liability for any action or decision made by the ACC. By acceptance of a deed to any Lot, the Owner agrees and covenants not to maintain any action against any Member of the ACC which seeks to hold that Member personally or individually liable for damages relating to or caused by any action or decision of the ACC. 10.6. Building and Construction Restrictions All buildings on a Lot are subject to the following restrictions: 10.6.1. • • sil ' : - ' 1 -1 - Only one (1) single - family residence ( "house ") may be constructed or permitted to remain on a Lot. No such house shall include less than 1000 square feet of living space (exclusive of a porch, patio, garage or other accessory building). Y:\WP\Dujardinkcr.final.cmw.doc -18- 10.6.2. Exterior Walls Exterior walls shall be clad with materials appropriate to the architectural style and are limited to (i) brick; (ii) stone; (iii) solid wood or approved wood by products; (iv) stucco or such other materials as are specifically approved by the ACC from time to time. 10.6.3. Exterior Colors Exterior colors shall be compatible with the existing z structures in the development as well as the architectural style of any Building. Masonry materials should be compatible with other colors on the house. No primary, reflective or 6 v fluorescent colors shall be used on any structure. 0 0 w o, 10.6.4. Fences. No fences, walls, hedges or mass plantings, other than I: LL foundation planting, shall be permitted to extend nearer to the street or private road than co w 0 the minimum setback line required by ordinance; provided, however, that nothing shall 2 prevent the erection of a necessary retaining wall; provided further that no fence, wall, ga hedge or mass planting shall at any time shall extend higher than six (6) feet above the w ground, except for necessary retaining walls or rockeries which conform to the City of -± W' Tukwila Building Codes. No wire fences shall be used unless approved by the ACC. z = !— The finished side of all fences shall face the exterior of the Lot and shall be painted or o' finished to match or blend with the existing appurtenant structures. Cedar fences may be w w allowed to weather naturally. o'.. off'. 10.6.5. Other Structures Exterior trim, fences, doors, railings, decks, eaves, '- gutters and the exterior finish of garages and accessory buildings, if allowed, shall be z v. designed, built and maintained to be compatible with the exterior of the structures they o. adjoin. .. z 10.6.6. Prefabricated Buildings No prefabricated buildings or structures of any 0 F' nature whatsoever, specifically including mobile homes, permanent or temporary, shall - Z be moved, placed, constructed or otherwise maintained on any Lot. 10.6.7. Lighting All area lighting shall be designed and positioned to ensure that the light source is not directly visible from any other house in the Fosterview Estates. 10.6.8. Temporary Occupancy and Temporary Buildings No trailer, recreational vehicle, boat, basement of any incomplete building, shed, tent, shack, garage or barn and no temporary buildings or structures of any kind shall be used at any time for a residence, either temporary or permanent. Temporary buildings or structures used during construction of the improvement of any Lot shall be removed immediately after completion of construction or upon request of the ACC, whichever occurs first. Y : \WP\Dujardinlccr.final.cmw.doc - 19- ..., n...,,..,.,. .,,i«.,....,..b.... nom w.ww.ws mwrnc.maaw:M.w»arcKrilVm` M!"M.'Kiitnn+nY4lti�i •s ' ' ., 10.6.9. • • • • - • . • • • • - • • • - No storage, buildings or sheds, whether prefabricated metal or any other construction whatsoever, whether permanent or temporary, shall be moved, placed, assembled, constructed or otherwise maintained on any lot unless approved by the ACC. 10.6.10. Landscaping. Landscaping of the Lot on which such house is constructed shall be fully completed within nine (9) months of the start of construction. The building area shall be kept reasonably clean during the construction period. Landscaping shall emphasize plantings and other features which shall complement and enhance the native existing character of Fosterview Estates. Each Owner shall ensure that their landscaping is maintained to provide a neat and attractive appearance. 10.6.11. Topography The topographic conditions of any Lot shall not be altered in any way that would adversely affect or obstruct the approved and constructed storm drain system and surface flows without the written consent of the Board. z zH w CG 2 6 U O. CO o. J I � LL. w 0: �d z� 10.6.12. New Constrnrtion All Buildings shall be of new construction (except w O used brick, siding or similar decorative materials which may be used). n !O N t]1-- w w. .z. w UN 10.6.14. Contractor No house may be constructed on any Lot by other than a contractor licensed as a general contractor under the statutes of the State of Washington z without the prior approval of the ACC. 10.6.13. t ltility Service No outdoor overhead wire or service drop for the distribution of electric energy or for telecommunication purposes, nor any pole, tower or other structure supporting said overhead wires shall be erected, placed or maintained on the Property. 10.6.15. Fffect of ACC Approval No buildings shall be constructed or caused to constructed on any Lot unless the ACC has approved the plans as provided above. The ACC's approval of any plan shall not constitute any warranty or representation by the ACC, the Board or any of their Members that such plans were examined or approved for engineering or structural integrity or sufficiency or compliance with the applicable governmental laws, codes, ordinances and regulations. Each Owner hereby releases any and all claims of any nature whatsoever against any member of the ACC, the Board, and the Association, their heirs, successors and assigns related to the engineering, structural integrity, sufficiency, compliance of any plans approved by the ACC. 10.6.16. Commencement of Construction Construction shall not commence until a building permit and any other applicable permits or approvals from the appropriate public agency or agencies are obtained. All Buildings constructed hereunder shall - 20- Y: \W P\Dujardin\ccr. final.cmw. doc conform to the applicable building code(s) then in effect. Construction of any structure or performance of any other act requiring approval of the ACC must begin within one hundred eighty (180) days after it is approved. If such construction or performance is not begun within such period, the approval shall lapse and be void. The applicant must obtain further review and approval by the ACC prior to commencement or performance. z The ACC may disapprove, condition or require changes in the project upon such further • z. review. c4 2 JU UO: cn w Wo w LL Q, =d z 1- O. zI- LLJ Each Owner, in its purchase of a Lot, hereby acknowledges that the Plat of Fosterview Estates, as approved by the City of Tukwila, contains areas consisting of steep slopes. Each i cw.', Owner hereby releases the City of Tukwila and its officers, agents and employees from all LL 0 claims, actions, causes of action, costs, attorneys' and experts' fees or property damage arising w Z from the presence of steep slopes within the Plat; provided, that this release shall not apply to v claims, actions, causes of action, costs, attorneys' and experts' fees and property damage resulting p from the sole or contributory negligence of the City of Tukwila, its officers, agents and Z employees. 10.6.17. Completion of Construction The exterior of any house constructed or placed on any Lot hereunder shall be completed, including exterior finish, paint and trim, within nine (9) months from the start of construction so as to present a finished appearance when viewed from any point, unless completion is delayed by acts of God or labor stoppages not attributable to the fault of the Owner. All work shall be prosecuted diligently and continuously from the start of construction until the house is fully completed and painted. No Owner shall reside on any Lot except in a residential dwelling constructed or placed thereon that shall have received a certificate of occupancy or analogous certification from the county in which it is located or any successor governmental entity with jurisdiction. SECTION 11. INDEMNIFICATION OF CITY OF TUKWILA SECTION 12. DEVELOPMENT PERIOD; DECLARANT'S RIGHTS DURING DEVELOPMENT PERIOD 12.1. Development Period The term "Development Period" shall mean that period of time from the date of recording this Declaration until the date when all original Lots have been sold. The Development Period shall terminate ten (10) years after the recording of this Declaration. Notwithstanding the foregoing, the Declarant, at its option, may elect to terminate the Development Period at any time. Upon termination of the Development Period, the Declarant shall record with the King County Recorder a Notice of Termination of Development Period referencing this Declaration and stating that the Development Period is then terminated. Y : \WP\Dujardin \ccr.final.cmw.doc - 21- 12.2. Notice of Termination of Development Period The Declarant shall give written notice to each Owner of the termination of the Development Period, not less than fourteen (14) nor more than sixty (60) days prior to the recording of the Notice of Termination of Development Period. ,reW 12.3. Authority of Declarant During Development Period 6 v UO; Until the termination of the Development Period, the Declarant hereby reserves for itself, N w its successors or assigns, all of the rights, powers and functions of the Association, or the Board thereof, which shall be exercised and/or performed solely by the Declarant. Upon termination of '.0 the Development Period, administrative power and authority for management of the Property 2 shall pass to the Board of Directors and Members as provided herein and in the Bylaws. g u.¢ v I— MI ?� zI- tu The Board may enforce all restrictions, conditions, covenants, reservations, liens and The now or hereafter imposed by the provisions of this Declaration, the Articles, the Bylaws 0 u-2, and any rules and regulations promulgated by the Board by any proceeding at law or in equity. t During the Development Period, the Declarant may exercise this enforcement power on behalf of v` the Association. u. o: iui rz z 01 The remedies provided herein for collection of any assessment, charge or claim against any Member, for and on behalf of the Association or Declarant, are in addition to, and not in limitation of, any other remedies provided by law. SECTION 13. ENFORCEMENT 13.1. Enforcement 13.2. Remedies 13.3. Waiver The failure of the Association, the Declarant, any Owner or any of their duly authorized agents to insist in any one or more instances upon the strict performance of or compliance with this Declaration, the Bylaws, or rules and regulations of the Association or to exercise any right or option contained therein, or to serve notice or to institute any action or summary proceedings, shall not be construed as a waiver or relinquishment of such right for the future, such enforcement right shall continue and remain in full force and effect. No waiver of any provision of this Declaration, the Bylaws, or rules or regulations of the Association shall be deemed to Y : \WP\Dujardin\ccr.final.cmw.doc -22- have been made, either expressly or impliedly, unless such waiver shall be in writing and signed pursuant to a resolution of the Board. The receipt by the Association of payment of any assessment with knowledge of any breach of any covenant hereof shall not be deemed a waiver of such breach. 13.4. Costs and Attorney Fees If any authorized person or entity (including Declarant) employs an attorney to enforce any provision of this Declaration, the Bylaws, Articles or rules and regulations adopted by the Association, the prevailing party in such action shall be entitled to the award of reasonable attorneys' fees and costs incurred in said action whether such fees and costs are incurred in negotiation, mediation, arbitration, litigation, appeal, bankruptcy or pre- or post judgment collection. IN WITNESS WHEREOF, Declarant has hereunto set its hand and seal the day and year first above written. DECLARANT: Dujardin Development Company - 23- Y : \WP\Dujardin \ccr.final.cmw.doc z iz 0 0 CO w; w =; 1 al O LL D1 = d, w' z z o z o N, ,w ui z: 0 O STATE OF WASHINGTON ) ) ss. COUNTY OF %/,u,: r ) THIS IS TO CERTIFY that on this /s7 day of ,414. y , 2000, before me, a Notary public in and for the State of Washington, duly commissioned and sworn, came 411 &L CO- , personally known or having presented satisfactory evidence to be the IA c6- //t-Gs / Def./F. of Dujardin Development Company, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument on behalf of said corporation. WITNESS MY HAND and official seal the day and year in this certificate first above written. r. A-•.1. - tr;y S = �pTAItY,4 PU 900 ;far Y : \WP\Dujardin\ccr.final.cmw.doc Print Name: Afrecig A.Mc JJe, Notary Public in and for the State of Washington, residing at S�a� -fl e Expiration Date: 3 -(0-014 - 24- EXHIBIT A LEGAL DESCRIPTION PARCFT. A• That portion of Government Lot 2, Section 15, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the northwest corner of said Government Lot; thence easterly along the north line thereof 586.69 feet; thence southerly parallel with the west line of said Government Lot a distance of 586.55 feet, more or less, to the north line of the south 691.50 feet of said Government Lot; thence westerly along said north line 140.03 feet to the east line of the west 446.67 feet of said Government Lot; thence southerly along said east line 7.50 feet to the north line of the south 684 feet of said Government Lot; thence westerly along said north line 143.34 feet to the northwest comer of a tract of land deeded to Ralph A. Olson and Reatha Olson by deed recorded under Recording Number 5089251; thence south along the west line of said deeded tract a distance of 20.00 feet to the north line of the south 664.00 feet of said Government Lot; thence westerly along said north line 303.34 feet, more or less, to the west line of said Government Lot; thence northerly along said west line 606.50 feet, more or less, to the point of beginning; EXCEPT that portion thereof condemned for F.J. Folkendahl Road in King County Superior Court Cause Number 214626; AND EXCEPT those portions thereof deeded to King County for Charles E. Adams Road (42nd Avenue South) by deeds recorded under Recording Numbers 472354 and 5558464; (ALSO KNOWN AS Parcel B, City of Tukwila Boundary Line Adjustment No. L92 -0064, as recorded under Recording Number 9408080706). Y : \WP\Dujardin\ccr.final.cmw.doc - 25- z .C4 LLI2i; UO! No. cn w JI. CO u w O. a • = d` • z � w , :Z ALI 2 j! • O N. w W z 1- U W Z1 W. 0 z PARCRT. R: That portion of Tract 67, Riverside Interurban Tracts, according to the plat thereof recorded in Volume 10 of Plats, page 74, in King County, Washington, lying northeasterly of 42nd Avenue South, as deeded to King County by deed recorded under Recording Number 5655246; EXCEPT the east 20 feet thereof deeded to King County by deed recorded under Recording Number 1207877; ALSO EXCEPT the north 350 feet thereof. PARCEL C. That portion of Government Lot 3, Section 15, Township 23 North, Range 4 East, W.M., in King County, Washington, lying northeasterly of 42nd Avenue South, as deeded to King County by deed recorded under Recording Number 5655246; EXCEPT County Roads. PARCET. D. That portion of Tract 19, Fostoria Garden Tracts, according to the plat thereof recorded in Volume 9 of Plats, page 95, in King County, Washington, lying southwesterly of F. J. Folkdahl Road (43rd Avenue South), as condemned in King County Superior Court Cause No. 241626. Y : \WP\Dujardin \ccr.final.cmw.doc { — 26— z f— w JU . 00, moo: wi N w; c?' g a, • d. • ]z z �. 1:11-; • • w W;. - o z> • _ :. •