Beneficial Homeowners Association Lakeland Hills, Auburn, Washington

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Declaration of Covenants, Conditions and Restrictions

Executed September 11, 1985, by Beneficial Development Company.

Note: This text was migrated from the legacy site’s HTML. The original recorded document on file with King County is the authoritative source. If you find a transcription error, please let the board know.

THIS DECLARATION, made on the date hereinafter set forth by Beneficial Development Company, a Utah corporation, hereinafter referred to as “Declarant”.

WITNESSETH:

WHEREAS, Declarant is the owners of certain real property in the City of Auburn, King County, Washington, and more particularly described on Exhibit A attached hereto and made a part hereof by this reference and being all of the premises shown on a subdivision plat of Lakeland Hills – Division No. 3, as filed of record in Volume 132 of Plats, pages 18 and 19, records of King County, WA

WHEREAS, Declarant desires to establish a general plan for the improvement and development of said real property as a residential community, and in furtherance thereof to establish and secure the enforcement of uniform covenants, conditions, restrictions, easements, liens and charges (herein “Covenants and Restrictions”) upon the usage and development of the lots contained within said real property, and to provide for the preservation of certain values and amenities, and the creation of common areas, in connection therewith, each and all of which is and are hereby declared to be for the benefit of said real property and every owner of any and all parts thereof;

NOW, THEREFORE, Declarant hereby declares that all of the real property described above and each part thereof shall be held, sold and conveyed subject to the Covenants and Restrictions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest therein or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.

Article I — Definitions

When used in this Declaration each of the following terms shall have the meaning indicated:

  1. Declaration shall mean this “Declaration of Covenants, Conditions and Restrictions”.

  2. Association shall mean a Washington nonprofit corporation formed or to be formed in connection with this Declaration and in furtherance thereof.

  3. Articles shall mean and refer to the Articles of Incorporation of the Association, as amended from time to time

  4. Bylaws shall mean the Bylaws of the Association, as amended from time to time.

  5. Board shall mean the Board of Directors of the Association.

  6. Common Area shall mean all portions of the Lakeland Hills – Division 3, except the Lots, and shall include all property owned by the Association for the common use and enjoyment of the Owners, such as all common facilities, undedicated roads or streets, open spaces, structural common areas and the like, together with all easements appurtenant thereto.

  7. Living Unit shall mean a structure which is designed and intended for use and occupancy as a single-family residence, together with all improvements located on the same Lot and used in conjunction with such residence.

  8. Mortgage shall mean any first mortgage, first deed of trust or trust deed or the act of encumbering any property by a mortgage, deed of trust or trust deed; and Mortgagee shall mean any first mortgagee of a mortgage and any trustee or beneficiary of a first deed of trust or trust deed.

  9. Owner shall mean any person who is the owner of record (as reflected by the records of King County, Washington) of a fee or undivided fee interest in any Lots, including contract sellers. Notwithstanding any applicable theory relating to mortgages, no Mortgagee shall be an Owner unless such party acquires fee title pursuant to foreclosure or sale or conveyance in lieu thereof. Declarant shall be an Owner with respect to each Lot owned by it.

  10. Real Property shall mean all land subject to this Declaration, including Common Areas and Lots and other land annexed to the Real Property, as provided in the Declaration. The initial Real Property subject to this Declaration shall consist of the land described on Exhibit A, hereto.

  11. Real Property shall mean any parcel of land within the Real Property and so designated on the Plat, and intended for improvement with a Living Unit.

  12. Plat shall mean and refer to the subdivision plat of Lakeland Hills-Division 3, as filed of record in Volume 132 of Plats, pages 18 and 19, records of King County, Washington

  13. Declarant shall mean Beneficial Development Company, a Utah Corporation, and its successors and assigns.

  14. Member shall mean and refer to each of those Owners who are Members of the Association as provided in Section 1, of Article III hereof.

Article II — Real Property Subject to this Declaration and Additions Thereto

Section 1. Existing Property. The initial Real Property which is, and shall be, held, transferred, sold, conveyed, leased, and occupied, subject to this Declaration, is located in the City of Auburn, in the County of King and State of Washington, and is more particularly described at length, by metes and bounds, on Exhibit A annexed to this Declaration and, by reference, made a part hereof. All of the Real Property described on said Exhibit A is hereinafter sometimes referred to as the “Existing Property”.

Section 2. Additions to Existing Property. Lands in addition to the Existing Property described above may hereafter become subject to this Declaration in the following manner: (a) Additions by Declarant. The Declarant, its successors and assigns, shall have the right, without the further consent of the Association, to bring within the scheme and operation of this Declaration, additional properties; provided , however , that such additions shall be limited to lands which are situated in the area commonly referred to as Lakeland Hills, and shall be subject to the Covenants and Restrictions herein set forth.

The additions authorized under this and the succeeding subsection shall be made by filing of record in the records of King County, State of Washington, a Supplementary Declaration of Covenants and Restrictions with respect to such additional property which shall extend the operation and effect of the Covenants and Restrictions of this Declaration to such additional property. The Supplemental Declaration may contain such complementary additions and modifications of the Covenants and complementary additions and modifications of the Covenants and Restrictions contained in this Declaration as may be necessary or convenient, in the sole judgment of the Declarant, to reflect and adapt to any difference in character of the added properties, and as are not inconsistent with the scheme of this Declaration. In no event, however, shall such Supplementary Declaration revoke, modify, or add to the covenants established by their Declaration so as to affect the Existing Property.

(b) Other Additions. Upon approval in writing of the Association, pursuant to authorization of two-thirds of the vote of each Class of its Members, voting as provided in section 2 of Article III hereof, the owner (other than Declarant) of any property who desires to add such property to the scheme and operation of this Declaration and subject such property to the jurisdiction of the Association, may file of record a Supplementary Declaration of Covenants and Restrictions as described in subsection (a) above.

(c) Mergers, Combinations or Consolidation. Upon merger, combination or consolidation of the Association with another association, the properties, rights and obligations of the Association may, by operation of law, be transferred to another surviving or consolidated association, or, in the alternative, the properties, rights, and obligations of another association may, by operation of law, be transferred to the Association as a surviving corporation pursuant to a merger, combination or consolidation. The surviving or consolidated association may administer the Covenants and Restrictions established by this Declaration within the Existing Property, together with the covenants and restrictions established upon any other properties as one scheme. No such merger, combination or consolidation, however, shall affect any revocation or change of, or addition to, the Covenants and Restrictions established by this Declaration upon the Existing Property, except as herein provided.

Article III — Membership and Voting Rights in the Association

Section 1. Membership. Every person, firm, association, corporation or other legal entity who is an Owner of any Lot and thereby is subject under this Declaration to assessment by the Association shall be a Member of the Association; provided that any person, firm, association, corporation or legal entity who holds such title or interest merely as security for the performance of an obligation (including but not limited to mortgagees or trustees under deeds of trust) shall not be a Member of the Association. Membership shall be appurtenant to and may not be separated from such Lot.

Section 2. Voting Rights. The Association shall have two classes of voting membership:

Class A. Class A Members shall be all Owners, with the exception of the Declarant, as defined in Section 1 of this Article III. Each Class A Member shall be entitled to one (1) vote in person or by proxy for each Lot held in fee simple by said Member. When more than one person holds the fee simple title to any Lot (including but not limited to tenants by the entirety, joint tenants or tenants in common) the vote for such Lot shall be exercised as the co-Owners among themselves determine, but in no event shall more than one vote be cast with respect to any one Lot. When one or more co-Owners signs a proxy or purports to vote for his or her co-Owners, such vote shall be counted unless one or more of the other co-Owners is present and objects to such vote, or if not present, submits a proxy or objects in writing delivered to the Secretary of the Association before the vote is counted. If co-Owners disagree as to the vote, the vote shall be split equally among the co-Owners.

Class B. Class B Member(s) shall be the Declarant and any successor of Declarant who takes title for the purpose of development and sale. Class B member(s) shall be entitled to three (3) votes for each Lot owned. The Class B membership shall terminate and be converted to Class A membership upon the happening of the earlier of the following:

(a) when the total outstanding Class A votes equal or exceed the total outstanding Class B votes;

(b) at the expiration of five (5) years after the date which the Declaration is filed of record in the records of King County, Washington;

(c) when, in its discretion, the Declarant so determines.

From and after the happening of the earlier of the foregoing events, the Class B Members(s) shall be deemed to be Class A members, entitled to one (1) vote for each lot in which the interest required for membership under Section 1 of this Article is held. At such time, the Declarant shall call a meeting as provided in the Bylaws for special meetings to advise the membership of the termination of Class B membership status.

Article IV — Property Rights in the Common Area

Section 1. Member’s Easement of Enjoyment. Subject to the provisions of this Declaration and the rules and regulations of the Association, every Member shall have a right and easement of enjoyment in and to the Common Area and such easement shall be appurtenant to and shall pass with the title to every Lot.

Section 2. Title to Common Area. The Declarant may retain the legal title to the Common Area until such time as it has completed initial improvements thereon and until such time as, in the sole judgment of the Declarant, the Association is able to maintain the same. The Declarant, however, notwithstanding any provision herein, hereby covenants for itself, its successors and assigns, that is shall convey to the Association any Common Area designated on the Plat or on any other filed final subdivision plat not later than the fifth anniversary of the respective dates said Plat or final subdivision plat has been or hereafter is filed of record in the records of King County, Washington.

Section 3. Extent of Members’ Easements. The rights and easements of enjoyment created hereby shall be subject to the following:

(a) The right of the Association, as provided in its Bylaws, to suspend the enjoyment rights of any member for any period during which any assessment remains unpaid, or for any period during which any infraction of its published rules and regulations continues, it being understood that any suspension for either non-payment of any assessment or a breach of the rules and regulations of the Association shall not constitute a waiver or discharge of the Member’s obligation to pay the assessment;

(b) The right of the Association to charge admission and other fees for the use of the Common Area and/or any facilities thereon; and (c) The right of the Association to dedicate or transfer all or any part of the Common Area to any municipal, County, State, Federal or other public agency, authority, or utility, for such purposes and subject to such conditions as may be agreed upon by the Members, provided that no such dedication, transfer and determination as to the purposes of or as to the purpose and conditions thereof shall be authorized by the vote in person or by proxy of two thirds of all of the votes eligible to be cast by each Class of Members of the Association, and unless written notice of the proposed resolution authorizing such action is sent to every Member at least ninety (90) days in advance of the scheduled meeting, at which such action is taken. A true copy of such resolution together with a certificate of the result of the vote taken thereon shall be made and acknowledged by the President or Vice President and Secretary or Assistant Secretary, if any, of the Association and such certificate shall be annexed to any instrument of dedication or transfer affecting the Common Area prior to the recording thereof in the records of King County, Washington. Such certificate shall be conclusive evidence of authorization by the membership.

Article V — Assessments

Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant covenants for itself, its successors and assigns that no contract will be made for the sale of any Lot and no deed conveying a Lot shall be delivered unless the same shall include provisions obligating the purchaser or grantee and, his her or its heirs, executors, administrators, successors and assigns to pay to the Association (1) Annual Assessments or charges and (2) Special Assessments for capital improvements upon the Common Area held by the Association, such assessments to be fixed, established and collected from time to time as herein provided. Each person who accepts a deed for a Lot, enters into a Lot purchase agreement as a purchaser, or have consented to make such payments and to have agreed to all the terms and provisions of this Declaration whether or not the above-mentioned provision was included in the contract or deed or other instrument by which he, she or it acquired title. The Annual Assessments and Special Assessments, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge and shall constitute a continuing lien upon the Lot against which each Assessment is made. Each such Assessment, together with such interest thereon and cost of collection thereof, as hereinafter provided, shall also be the personal obligation of the person or persons or entity who was the Owner of such Lot at the time when the assessment fell due. In the case of co-ownership of a Lot, all of such co-Owners of the Lot shall be jointly and severally liable.

Section 2. Purpose of Assessments. The Annual Assessments levied by the Association shall be used exclusively for promoting the health, safety, pleasure and welfare of the Owners of Lots and costs of expenses incident to the operation of the Association, including, without limitation, the maintenance and repair of properties and facilities located upon the Common Area, the maintenance of services furnished by the Association, the repair and replacement of the improvements of the Common Area, payment of all taxes and insurance premiums, and all costs and expenses incidental to the operation and administration of the Association and its facilities and services. The Special Assessments shall be used for the purpose of paying the cost of the capital improvement for which such Special Assessment is levied, and all expenses incidental thereto.

Section 3. Fixing the Amount of Annual Assessments. From time to time, the amount of the Annual Assessments shall be fixed by a vote of the Members as provided in Section 5 of this Article, for a period not exceeding the next succeeding three years, and at the end of such period and at the ends of periods following, for an additional period, each period not exceeding three years. The Board may, after consideration of current maintenance costs and future needs of the Association, fix the actual assessment for any one year at a lesser amount, but such action shall not constitute a waiver for the remaining year or years in the then current period fixed as provided in the preceding paragraph.

Section 4. Special Assessment for Capital Improvements. In addition to the Annual Assessments authorized in Section 3 of this Article, the Association may levy, in any assessment year, a Special Assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Area; provided, that any such special assessment shall receive the assent of two-thirds of all of the votes eligible to be cast by each Class of Members, respectively, at a meeting duly called for this purpose, written notice of which shall be sent at least thirty (30) days in advance, and which notice shall set forth the purpose of the meeting.

Section 5. Change in Basis and Maximum Amount of Annual Assessments. Subject to the limitations of Section 3 of this Article, and for the successive periods therein provided, the Association may change the maximum amount of the assessments fixed by section 3 of this Article for such period, provided that any such change shall have the assent by the vote in person or by proxy of two-thirds of all of the votes eligible to be cast by each Class of Members, respectively, at a meeting duly called for this purpose, written notice of which shall be sent to all Members at least thirty (30) days in advance, which notice shall set forth the purpose of the meeting.

Section 6. Period for which Annual Assessments Are Made; Due Dates. The period for which Annual Assessment are billed shall be the calendar year period extending from January 1, through the next succeeding December 31. The period for the first Annual Assessment shall begin the later of September 1, 1985, or the date of recordation of this Declaration. Each Annual Assessment shall become due upon, and payable on or before the first day of February following the commencement of such Annual Assessment period. Upon the purchase of a Lot from the Declarant, the portion of the then current Annual Assessment payable by such purchaser shall be an amount which bears the same relationship to the Annual Assessment provided for in Section 3 of this Article as the remaining number of full months in the then current annual Assessment period bears to twelve. No portion of any month shall be adjusted. Such first Annual Assessment or portion thereof for which an Owner of a Lot is so liable shall be immediately due upon the closing of title to the Lot in the Owner. The due date of any Special Assessment under Section 4 of this Article shall be fixed in the resolution authorizing such Special Assessment.

Section 7. List of Assessments, Notice of Assessment, Certificate as to Payment. The Board shall cause to be prepared, at least 30 days in advance of the due date of each Assessment, a list of the properties and the Assessments applicable thereto, in alphabetical order, according to the names of the Owners thereof, which list shall be kept in the office of the Association and shall be open to inspection, upon request, by any Owner of a Lot. Written notice of the Assessment shall be sent to every Owner subject thereto. The Association shall, upon the request of any Owner, liable for an assessment, or of the mortgagee of the Owner’s premises, furnish to such Owner or mortgagee, a certificate in writing, signed by an officer of the Association, setting forth whether or not such Assessment has been paid. Such certificate shall constitute conclusive evidence of the payment of any Assessments therein stated to have been paid.

Section 8. Effect of Non-Payment of Assessment; Personal Obligation of the Owner; the Lien; Remedies of the Association. If the Assessments are not paid promptly on the due date thereof as specified in Section 6 of this Article, then such Assessment shall become delinquent automatically and shall together with interest thereon from the due date at the lesser of rate of eighteen percent (18%) per annum or the maximum legal rate of interest, and costs of collection thereof, as hereinafter provided, thereupon become a continuing lien on the Lot against which it is levied, which lien shall bind such property in the hands of the then Owner, his, her, or its heirs, executors, devisees, personal representatives, successors, and assigns. The personal obligation of the then Owner to pay such Assessment, however, shall remain his, her, their or its personal obligation and shall not pass as a personal obligation to his, her, their or its successors in title unless expressly assumed by them. If the Assessment is not paid within thirty (30) days after the due date specified in Section 6 of this Article, the Assessment together with interest thereon at the lesser of the rate of eighteen percent (18%) per annum or the maximum legal rate of interest may be enforced and collected by the Association by the institution of an action at law against the Owner or Owners personally obligated to pay the same, or by an action to foreclose the lien against the applicable Lot and there shall be added to the amount of such Assessment and interest, the costs of preparing and filing the complaint in such action, and in the event a judgment is obtained, such judgment shall include, in addition to the Assessment, interest, court costs, and reasonable attorney’s fee.

Section 9. Exempt Property. The following property subject to this Declaration shall be exempted from the assessments, charge, and lien created herein:

(a) all properties which because of municipal, County, State or Federal public use cannot be devoted for such use as to include a residential dwelling;

(b) the Common Area as defined Article I hereof; and (c) all properties exempted from taxation under the laws of the State of Washington, upon the terms and to the extent of such legal exemption. Notwithstanding any provisions therein, no land or improvements devoted for such use as to include a residential dwelling shall be exempted said Assessment, charges or liens.

Article VI — Architectural Control Committee

Section 1. Review and Approval of Members’ Plans and Specifications for Additions, Alterations or Changes to Structures. No building, wall fence, swimming pool, or other structure shall be commenced until plans and specifications therefore showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to the harmony and compatibility of its external design and location, with the surrounding structures and topography, by an Architectural Committee composed of two (2) or more directors appointed by the Board, or in the absence of such appointment, then by the Board. In the event such Committee, or the Board, as applicable, fails to approve or disapprove such design and location within forty-five (45) days after said plans and specifications have been fully submitted to it, or in any event, if no suit or other proceeding to enjoin or prevent the structure, addition, alteration or change has been commenced within thirty (30) days from the completion thereof, approval will not be required and the provisions of this Section shall be deemed to have been waived with respect to such structure, addition, alteration or change. No swimming pool shall be constructed on a Lot so that any portion of such pool protrudes above the finished grade of the contiguous ground as found prior to such construction; provided, however, that whenever the average slope for any Lot exceed twenty-five percent, the Architectural Committee, or Board, as the case may be, may approve an exception, subject to the following limitations:

(a) the pool shall be located with its longer dimension parallel to the natural contour line;

(b) not more than fifty percent of the pool shall be above the finished level of the contiguous ground; and (c) at no point shall any part of the pool project more than five feet above the finished level of the contiguous ground as found prior to construction. The provisions of this Section shall not apply to the Declarant in the building of new structures on Lots owned by the Declarant.

Section 2. Planting and Removal of Trees and Shrubbery. Trees or shrubbery shall be planted or maintained upon each Member’s Lot in accordance with the rules and regulations governing the same, as adopted by the Architectural Control Committee appointed as provided in the preceding Section, or in the absence of such appointment, then in accordance with rules and regulations adopted by the Board. The provisions of this Section relating to both the planting and maintenance of trees and shrubs shall not be applicable to or binding upon the Declarant with respect to the initial clearing, grading, and landscaping of any Lot owned by the Declarant incidental to the original improvement thereof, and the erection of any structure thereon.

Article VII — Exterior Maintenance

Section 1. Exterior Maintenance. In addition to the care, improvement, and maintenance of the Common Area, the Association may, at the request of a Member, provide care or maintenance upon such Member’s Lot which is subject to assessment under Article V hereof. Payment for such care or maintenance service shall be made in full, according to such rates as the Board shall determine, upon presentation, personally, or by regular mail, of an invoice for such services.

Section 2. Necessary Exterior Repairs by Association Occasioned by Member’s Neglect. Every Owner of a Lot by the acceptance of a deed for the same or by becoming a purchaser under a Lot sales contract, or by acceptance of title to the Lot as devisee or heir, covenants that he, she or it will not permit the Lot or Living Unit or any improvements (including, but not limited as to the grass, shrubs, trees, driveway, walks, and fences) thereon to be otherwise maintained than in good repair and in a safe, neat and attractive condition. In the event any Owner shall fail to so maintain his Lot or Living Unit or improvements as aforesaid, and such neglect, in the judgment of the Board, should result in a condition of unsightliness tending to adversely affect the value or enjoyment of neighboring Lots or Living Units, or should constitute a hazard to persons or property, the Board, or its Architectural Committee, may give notice of such conditions to the Owners of the Lot demanding that such condition be abated within seven (7) days from the date the notice is sent. If the Owner of the Lot does not rectify the condition at the end of such period, the Association may cause such work to be performed as is necessary to rectify the condition. The cost of such work shall be assessed against the Lot upon which the services are performed and shall be added to and become part of the Annual Assessment or charge to which such Lot if subject under Article V hereof, and, as part of such Annual Assessment or charge, it shall be a lien and obligation of the Owner of such Lot in all respects as provided in Article V hereof, except the payment for any work performed pursuant to this Section shall be due upon presentation to the said Owner, either in person or by regular mail, of the Association’s invoice therefore. Default in prompt and full payment within ten (10) days from the date of the invoice is so presented or mailed to the said Owner, shall entitle the Association to the lesser of eighteen percent (18%) interest per annum of the maximum legal rate of interest on the amount due from the date of such presentation or mailing of the invoice, which interest shall also constitute a lien upon the Lot and obligation of the Owner thereof.

Section 3. Access to the Association at Reasonable Hours. For the purpose of performing either any exterior maintenance requested by the Lot Owner under Section 1 of this Article, or of performing, after expiration of the notice period required in Section 2 hereof, the necessary exterior work as provided in said Section 2 of this Article, the Association, through its authorized agents, servants, employees, or contractors, shall have the right to enter upon any Lot located within the Real Property at reasonable hours, except Sundays and Legal Holidays.

Article VIII — Miscellaneous Services Authorized

Section 1. Services which may be performed at the Option of the Declarant – Procedure. The Declarant shall have the right to make such improvements and provide such facilities on the Common Area as it considers to be reasonably advantageous to the Real Property and to the Owners of Lots within the Real Property and the Association shall be obligated to accept such improvements and facilities and to properly maintain such the same at its expense. The Association, at its expenses, also shall maintain and carry on the services instituted, from time to time, by the Declarant for the benefit of the Real Property and the Owners of Lots.

Article IX — Use Restrictions and Easements

Section 1. Use Restrictions. (a) Each Lot may be improved only for use and occupancy as a single family residence with the usual outbuildings incidental thereto; provided, that one or more Lots may be utilized as a single building lot. The height of any part of a Living Unit shall be not more than two and one-half (2 ½) stories above street level. Each single family residence shall contain a furnished or improved living area of at least 1100 square feet if one story in height, and 1500 square feet if more than one story in height, exclusive of open decks (covered or uncovered), garages, or other outbuildings. (b) A garage, which shall be constructed on each Lot for the use only of the occupants of the residence to which it is appurtenant, may be attached or detached from the residence and shall provide parking space for not more than 3 motor vehicles.

(c) No building shall be erected on any Lot unless in compliance with the setback requirements of the City of Auburn, King County, Washington, and the minimum setback requirements as reflected on the Plat. In no event shall any building, or portion thereof, located on a lot encroach upon another Lot.

(d) No Owner or co-Owner of any Lot will do or permit to be done any act upon said Lot which may be, is, or may become a nuisance.

(e) No outbuilding, garage, shed, tent, trailer, or temporary building of any kind shall be erected, constructed, permitted, or maintained prior to commencement of the erection of a residence, as is permitted hereby, and no outbuilding, garage, shed tent, trailer, basement, or temporary building shall be used for permanent or temporary residence purposes; provided, however, that this subparagraph shall not be deemed or construed to prevent the use of a temporary residence purposes; provided, however, that this subparagraph shall not be deemed or construed to prevent the use of a temporary construction shed during the period of actual construction of any structure on such property, nor the use of adequate sanitary toilet facilities for workmen which shall be provided during such construction.

(f) No sign of any character shall be displayed or placed upon any part of any Lot except “For Rent” or “For Sale” signs, referring only to the premises on which displayed, and not to exceed two square feet in size and one sign to a Lot.

(g) No animals, birds, or fowl shall be kept or maintained on any part of any Lot, except dogs, cats, and pet birds which may be kept thereon in reasonable numbers as pets for the pleasure and use of the occupants but not for any commercial use or purpose. Birds shall be confined to cages.

(h) Garbage receptacles shall be in complete conformity with sanitary rules and regulations. No garbage incinerators shall be permitted.

(i) No weeds, underbrush, or other unsightly growths shall be permitted to grow or remain upon any part of any Lot and no refuse pile or unsightly objects shall be allowed to be placed or suffered to remain anywhere thereon.

(j) When the construction of any building permitted hereby is once begun, work thereon must be prosecuted diligently and such building together with related landscaping must be completed with a reasonable time, which in no event shall exceed nine months from date of start of construction; provided, that the Architectural Control Committee, or in the absence thereof, the Board, may extend such period for completion if the reason for any delay is beyond the control of the Lot Owner and his contractor undertaking such construction.

(k) Walls and fences may be erected and hedges grown, but shall be no higher than four feet from the street to the building line and six feet from the building line to the rear property line. Walls, fences or hedges may be erected or grown at any height within the building lines as may be approved by the Architectural Control Committee or in its absence, the Board; provided, that no wall, fence or hedge shall be erected or maintained on any Lot which shall unreasonably restrict or block the view from an adjoining Lot or which shall materially impair the continuity of the general landscaping plan of the subdivision.

(l) No trailers, campers, habitable motor vehicles of any nature, recreational vehicles, or boats shall be kept on or stored on any part of any Lot except within an enclosed garage. No trucks shall be permitted to be parked on any Lot for a period of more than four hours, unless the same is present in the actual construction or repair of buildings located on the Real Property provided, that pickup trucks may be parked on a Lot within an enclosed garage. No unlicensed motor vehicle shall be kept or stored on any part of any Lot for longer than seven days, and no Lot shall be used as a junkyard or an auto graveyard.

(m) No derrick or other structure designed for use in boring for oil or natural gas shall be erected, placed or permitted upon any part of any Lot, nor shall any oil, natural gas, petroleum, asphaltum, or hydrocarbon products or mineral of any kind be produced or extracted there from.

(n) Rules and regulations promulgated from time to time by the Board concerning the use of the Lots and Real Property shall be observed by the Members, provided, however, that copies of such rules and regulations are furnished to each member prior to the time the said rules and regulations become effective.

Section 2. Easements. Easements and rights-of-way are hereby expressly reserved for the creation, construction, and maintenance of drainage facilities and utilities, such as gas, water, telephone, telegraph, electricity, sewers, storm drains, public, quasi-public, and private, as well as for any public private, or quasi-public utility or function deemed necessary or expedient for the public health and welfare. Such easements and rights-of-way shall be (a) confined to the rear five feet of every Lot and five feet along the side of every Lot, and along every street of the subdivision, and (b) as otherwise shown on the Plat.

Article X — General Provisions

Section 1. Duration and Amendment. The Covenants and Restrictions set forth in this Declaration shall run with and bind all of the land included in the Real Property described in Article II hereof, and shall inure to the benefit of and be enforceable by the Association, and the Owners of any land subject to this Declaration, their respective successors, assigns, heirs, execute years from the date this Declaration is filed of record in King County, Washington, at the end of which period such Covenants and Restrictions shall automatically be extended for successive periods of ten (10) years each, unless at least two thirds of the Owners of the Lots at the time of the expiration of the initial period, or of any extension period, shall sign an instrument, or instruments, in which they shall agree to change said Covenants and Restrictions in whole or in part, but no such agreement shall become binding unless written notice containing the terms of the proposed agreement is sent to every Owner of every Lot at least ninety (90) days in advance of the action taken in authorizing said agreement; and, in any event, any changes contained in such agreement shall not become binding and effective until three years after the recording of the aforesaid fully executed instrument or instruments containing such agreement. Unless specifically prohibited herein, this Declaration may be amended by the vote in person or by proxy of not less than two thirds of all of the votes eligible to be cast by each respective class of Members than extant at a meeting duly called for this purpose, written notice of which shall be sent to all Members at least thirty (30) days in advance thereof, which notice shall set forth the purpose of the meeting. Any Amendment must be properly recorded to be effective.

Section 2. Notice. Any notice required to be sent to any member or Owner under the provisions of this Declaration shall be deemed to have been properly sent, and notice thereby given when mailed, by regular mail, with postage prepaid, addressed to the member or Owner at the last known post office address of the person who appears as a Member or Owner on the records of the Association at the time of such mailing. Notice to one of two or more co-Owners of a Lot shall constitute notice to all co-Owners. It shall be the obligation of every Member or Owner to immediately notify the Secretary of the Association in writing of any change of address.

Section 3. Enforcement. Enforcement of these Covenants and Restrictions shall be any appropriate proceeding in law of equity in any court or administrative tribunal having jurisdiction, against any person or persons, firm or corporation violating or attempting to violate or circumvent any of the Covenants and Restrictions, and the relief under such proceeding may include, but not limited to, enjoining such violation or threatened violation, the recovery of damages, and the foreclosure against the Lot of any Owner to enforce any lien created by this Declaration under any covenant herein contained. Failure by the Association or any Owner, or Member, to enforce any covenant or restriction herein contained for any period of time, shall in no event be deemed a waiver or estoppel of the right to thereafter enforce the same.

Section 4. Severability. Should any covenant or restriction herein contained, or any Article, Section, Subsection, sentence, clause, phrase or term of this Declaration be declared to be void, invalid, illegal, or unenforceable, for any reason, by the adjudication of any court or other tribunal having jurisdiction over the parties hereto and the subject matter hereof, such judgment shall in no wise affect the other provisions hereof which are hereby declared to be severable, and which shall remain in full force and effect.

IN WITNESS WHEREOF the Declarant has caused this instrument to be executed on the 11th day of September, 1985.

BENEFICIAL DEVELOPMENT COMPANY, a Utah corporation

By: ______________________, President

ATTEST: ______________________, Secretary

STATE OF UTAH        )
                     : ss
COUNTY OF SALT LAKE  )

On the 10th day of September, 1985, personally appeared before me Wayne G Facer who being by me duly sworn, says that he is the President of the above foregoing Company, the corporation that executed the above and foregoing instrument and that said instrument was signed in behalf of said corporation by authority of its bylaws, or by authority of a resolution of its board of directors, and said Wayne G Facer acknowledged to me that the said corporation executed the same.

_____________________________________ Notary Public:

Residing at:____________________________

My Commission Expires: ____________________