This Declaration is made as of this 26th day of July, 2005, by CamWest Development, Inc., a Washington corporation, hereinafter referred to as "Declarant."
A. Declarant is the owner of that certain real property and improvements located within the City of Auburn, County of King, State of Washington, commonly known as Riverpointe (hereinafter, "Riverpointe" or the "Property"), which is more particularly described in Exhibit A attached hereto.
B. Declarant desires to create an owners association at Riverpointe to provide for the maintenance, preservation, and architectural control of the Lots, Private Joint Use Driveway Tracts, Private Storm Drainage Easements, and Common Areas (all as defined below) within the community and to promote the health, safety, happiness, and welfare of the residents of the community.
C. For the benefit and protection of the Property, to enhance its value and attractiveness, Declarant provides herein for a comprehensive system of land-use and building controls within the Property.
Declarant, being the sole owner of the Property, hereby makes this Declaration for the purpose of submitting the Property to this Declaration, and declares that the Property described above shall be held, sold, conveyed, encumbered, leased, rented, occupied and improved subject to the following covenants, conditions, restrictions, reservations, grants of easement rights, rights of way, liens, charges and equitable servitudes, which are for the purpose of protecting the value and desirability of the Property and shall be binding on all parties having any right, title or interest in the Property or any part thereof, and shall inure to the benefit of each Owner thereof. This Declaration shall run with the land and bind Declarant, its successors and assigns, all subsequent Owners of the Property or any part thereof, together with their grantees, successors, heirs, executors, administrators, devisees or assigns. Any conveyance, transfer, sale, assignment, lease or sublease of a Lot in the Property, shall and hereby is deemed to incorporate by reference all provisions of this Declaration. The provisions of this Declaration shall be enforceable by Declarant, any Lot Owner, the Association, and any first Mortgagee of any Lot.
Section 1.1 Definitions. For the purposes of this Declaration and any amendments hereto, the following definitions shall apply.
"Architectural Control Committee" shall mean the Board or a committee by that name designated by the Board.
"Articles" shall mean the articles of incorporation of the Association.
"Assessments" shall mean all sums chargeable by the Association against a Lot, including, without limitation: (a) general and special assessments for maintenance, repair or replacement of the Common Areas and Street Trees; (b) special assessments for maintenance, repair or reconstruction of the Private Joint Use Driveway Tracts; (c) special assessments for maintenance of the Private Storm Drain Easement; (d) special assessments against a Lot Owner for work done on the Owner's Lot; (e) fines imposed by the Association; (f) interest and late charges on a delinquent Owner's account; and (g) costs of collection, including reasonable attorneys' fees, incurred by the Association in connection with the collection of a delinquent Owner's account.
"Association" shall mean the Riverpointe Homeowners Association, a Washington non-profit corporation, as described more fully in Article 3, and its successors and assigns.
"Board" shall mean and refer to the Board of Directors of the Association, as provided for in Article 3.
"Bylaws" shall mean the bylaws of the Association as they may from time to time be amended.
"City" shall mean the City of Auburn, in King County, Washington.
"Common Area" shall mean all real property and improvements described in Section 2.1.
"Entry Monument/Landscape Tracts" shall mean Tracts L and M as shown on the Plat and referred to in Plat Restriction 10 of the Plat.
"Declarant" shall mean CamWest Development, Inc., a Washington corporation, and its successors and assigns if such successors or assigns should (i) acquire more than one Lot from the Declarant for the purpose of development, and (ii) be specifically assigned the rights and duties of Declarant by written instrument in recordable form.
"Declaration" shall mean this Declaration of Covenants, Conditions, Restrictions, and Reservations for Riverpointe, and any amendments thereto.
"Home" shall mean a structure located on a Lot which is designed and intended for use and occupancy as a residence or which is intended for use in connection with such residence.
"Landscape Tracts" shall mean Tracts 0, H, and I as shown on the Plat and referred to in Plat Restrictions 5, 6, and 7 of the Plat.
"Lot" shall mean and refer to any of the 117 numbered lots shown on the recorded Plat of the Property. Ownership of a Lot shall include ownership of the Home and improvements now or hereafter constructed on the Lot.
"Member" shall mean a person entitled to membership in the Association pursuant to Section 3.5.
"Mortgage" shall mean a recorded mortgage or deed of trust that creates a lien against a Lot and shall also mean a real estate contract for the sale of a Lot.
"Mortgagee" shall mean the beneficial owner, or the designee of the beneficial owner, of an encumbrance on a Lot created by a Mortgage and shall also mean the vendor, or the designee of vendor, of a real estate contract for the sale of a Lot. For the purpose of determining the percentage of first Mortgagees approving a proposed decision or course of action, a Mortgagee shall be deemed a separate Mortgagee for each Lot on which it holds a Mortgage which constitutes a first lien on said Lot. Mortgagees shall have the same voting rights as the Owners of any Lot subject to such Mortgage.
"Notice and Opportunity to be Heard" shall mean the procedure wherein the Board shall give written notice of the proposed action to all Owners, tenants or occupants of Homes whose interest would be significantly affected by the proposed action. The notice shall include a general statement of the proposed action and the date, time and place of the hearing, which shall be not less than five days from the date notice is delivered by the Board. At the hearing, the affected person shall have the right, personally or by a representative, to give testimony orally, in writing or both (as specified in the notice), subject to reasonable rules of procedure established by the Board to assure a prompt and orderly resolution of the issues. Such evidence shall be considered in making the decision but shall not bind the Board. The affected person shall be notified of the decision in the same manner in which notice of the meeting was given.
"Owner" shall mean the owner of record, whether one or more persons or entities, of a fee simple title to any Lot and, except as may be otherwise expressly provided herein, shall, in the case of a Lot which has been sold pursuant to a real estate contract, include any person of record holding a vendee's interest under such real estate contract, to the exclusion of the vendor thereunder. Any person or entity having such an interest merely as security for the performance of an obligation shall not be considered an Owner.
"Person" shall include natural persons, partnerships, corporations, associations and personal representatives.
"Plat" shall mean the plat for Riverpointe recorded at Volume 229 of Plats, at pages 83 through 89, Recorder's File No. 20050816001786, records of King County, Washington.
"Private Joint Use Driveway Tracts" shall mean Tracts J and K which provide access and utilities to certain benefited Lots, as shown on the Plat and referred to in Plat Restrictions 8 and 9 of the Plat.
"Private Storm Drainage Easement" shall mean the storm drainage easements benefiting certain individual Lots, as shown on the Plat and referred to in Plat Restriction 12 of the Plat.
"Property" shall mean the real property and improvements located within the City of Auburn, King County, Washington, commonly known as Riverpointe, which is more particularly described on Exhibit A attached hereto.
"Structure" shall mean any building, fence, wall, pole, driveway, walkway, patio, swimming pool, or the like.
"Transition Date" shall mean the earlier of the following: (i) the date on which the votes of the Class A members of the Association equal the votes of the Class B member or (ii) the seventh anniversary of the date of recording of this Declaration.