Auditor's File No. 6388371 Vol.83/page 28 (VP1)
Auditor's File No. 6388371 Vol.83/page 29 (VP2)
Auditor's File No. 6388371 Vol.85/page 43-44 (VP3)
DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
THIS DECLARATION, made this 28th day of June, 1968 by TRANSAMERICA DEVELOPMENT COMPANY, a corporation, and GEORGIA PACIFIC INVESTMENT COMPANY, a corporation, as joint venturers and TRANSAMERICA TITLE INSURANCE COMPANY, a corporation, as Trustee, hereinafter collectively referred to as Declarants,
W I T N E S S E T H:
WHEREAS, Declarants are the legal and beneficial owners of certain real property described as follows:
and
WHEREAS Declarants will convey certain of the said properties subject to certain protective covenants, conditions, restrictions, reservations, liens and charges as hereinafter set forth;
NOW THEREFORE, Declarants hereby declare that the properties described in ARTICLE II hereof shall be held, sold and conveyed, subject to the following easements, restrictions, reservations, charges, liens, covenants, and conditions, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of the real property. These easements, restrictions, reservations, charges, liens, covenants and conditions shall run with the real property and shall be binding on all parties having or acquiring any right, title or interest in the described properties or any part thereof, and shall inure to the benefit of each owner thereof.
Section 1. "The Association" shall mean VICTORIA PARK HOMEOWNERS' ASSOCIATION, INC., its successors and assigns.
Section 2. "Developer" shall mean Transamerica Development company, a corporation, and Georgia Pacific Investment Company, a corporation, as joint venturers, and any assigns engaged in land development and/or wholesale land sale activities which are the same as, or similar to, those of Transamerica Development Company.
Section 3. "Trustee" shall mean the National Bank of Commerce of any successor Trustee.
Section 4. "Properties" shall mean that certain real property hereinbefore described, and additions thereto as are subject to this declaration or any supplemental declaration.
Section 5. "Common Properties" shall mean all real property owned by the Trustee or the Association for the common use and enjoyment of the members of the Association and shall not include any streets or other areas dedicated to public use. The common property for Victoria Park No. 1, 2 and 3 is particularly described as follows:
All of said common property is designated in red on the overall development plan attached hereto as Exhibit "B".
Section 6. "Lot" shall mean any plot of land shown upon any recorded subdivision map of the properties with the exception of the common properties.
Section 7. "Member" shall mean every person or entity who holds membership in the Association as provided in Article IV hereof.
Section 8. "Owner" shall mean the record owner, whether one or more persons or entities and specifically including the Developer, of a fee simple title to any lot or lots which are part of the properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.
Section 9. The term "the development period" shall mean that period of time from the date of recording of this declaration until the date on which seventy percent (70%) of the properties now or hereafter platted on the property described in Exhibit "A" attached hereto have been sold by Developer, or until such earlier date as may be agreed upon by the Federal Housing Authority and Developer. In any event, the "development period" shall terminate on September 15, 1971.
Section 10. "Declarants" shall mean Transamerica Development Company, a corporation, and Georgia Pacific Investment Company, as joint venturers, beneficial owners of the properties, and Transamerica Title Insurance Company, a corporation, Trustee, legal owner of the properties.
The real property which is, and shall be held, transferred, sold, conveyed and occupied subject to this declaration is located in King County, Washington and is described as:
all of which property shall hereinafter be referred to as the "existing property."
Section 1. Annexation of additional properties other than properties within the general plan of development provided for in Section 2 hereof, shall require the assent of two-thirds (2/3) of the members of the Association, at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than thirty (30) days or more than sixty (60) days in advance of the meeting setting forth the purpose of the meeting. At this meeting, the presence of members or of proxies entitled to cast sixty percent (60%) of the votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called subject to the notice requirement set forth above and the required quorum at such subsequent meeting shall be one-half (1/2) of the required quorum of the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. In the event two thirds (2/3) of the members are not present in person or by proxy, members not present may give their written consent to the action taken there at. During the developmental period, annexation of additional properties under this Section 1 shall also required the prior written approval of the Developer.
Section 2. If within fifteen years of the date of recording of this declaration, Developer should develop additional lands within the area described in Exhibit "A" attached hereto such additional lands may be annexed to the existing property without the assent of the members of the Association: provided, however, that the development of additional lands described in this section shall be in accordance with the general plan submitted to the Federal Housing Administration with the processing papers for Victoria Park 1. Detailed plans for the development of additional lands must be submitted to the Federal Housing Administration prior to such development. If the Federal Housing Administration determines that such detailed plans are not in accordance with the general plan on file with it and so advises the Association and the Developer, the development of the additional lands must have the assent of two-thirds (2/3) of the members of the Association who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting set for the purpose of the foregoing. At this meeting, the presence of members or of proxies entitled to cast sixty percent (60%) of the votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth above, and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.
Every person or entity who is the record owner of a fee interest in any lot or lots which are subject by covenants of record to assessment by the Developer or the Association, shall be a member of the Association: Provided, however, that if any lot is held jointly by two (2) or more persons, the several owners of such interest shall designate one of their number as the "member." The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. No owner shall have more than one membership. Membership shall be appurtenant to and may not be separated from ownership or any lot which is subject to assessment by the Developer or the Association except that the incorporators shall be eligible for membership without regard to ownership or an interest in the properties. Incorporators who are not owners or contract purchasers of any lot subject to assessment shall cease to be members of the association at the expiration of two (2) weeks from the date of incorporation of the Association. Upon transfer of the fee interest to any lot, the membership and any certificate of membership in the Association shall ipso facto be deemed to be transferred to the grantee. Ownership of any such lot or lots shall be the sole qualification for membership.
No person shall have more than one (1) membership regardless of the number of lots owned and the interest of each member shall be equal to that of any other member, and no member may acquire any interest which entitles him to any greater voice, vote or authority in the Association than any other member. In the case of lots owned jointly by two (2) or more persons, only the joint owner designated as the "member" pursuant to Article IV hereof shall be entitled to vote.
In the event that the Non-Profit Corporation Law of the State of Washington as set forth in Title 24, Revised Code of Washington is changed to permit one member of a non-profit corporation to exercise greater voting rights than another member, voting shall thereafter be according to the number of lots owned, that is, members shall be entitled to one vote for each lot in which they hold the interest required for membership by Article IV. When more than one person holds such interest in any lot, the vote for such lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any lot.
Section 1. Members' Easements of Enjoyment. Every member shall have a right and easement of enjoyment in and to the common properties and such easement shall be appurtenant to and shall pass with the title to every assessed lot, subject to the following provisions:
(a) The right of the Association to limit the number of guests of members;
(b) The right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the common property;
(c) The right of the Association, in accordance with its Articles and By-Laws, to borrow money for the purpose of improving the common property and facilities and in aid thereof to mortgage said property, but the right of such mortgages in said property shall be subordinate to the rights of the homeowners hereunder;
(d) The right of the Association to take such steps as are reasonably necessary to protect any such mortgaged property against foreclosure, including, but not limited to, the right to charge admission and other fees as a condition to continued enjoyment by the member and, if necessary, to open the enjoyment of such properties to the public; and(e) The right of the Association to suspend the voting rights and right to use of the recreational facilities by a member for any period during which any assessment against his lot remains unpaid and for a period not be exceed thirty (30) days for any infraction of the Association's published rules and regulations. During the developmental period the Association shall be required to exercise its right to suspend the voting rights of, and the right to the use of the recreational facilities by a member for non-payment of an assessment, upon the request of the developer.
(f) The right of the Association to dedicate or transfer all or any part of the common properties to any governmental unit or public agency or authority or public utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument signed by two-thirds (2/3) of the members entitled to vote has been recorded, agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every member not less than thirty (30) days nor more than sixty (60) days in advance.
(g) During the developmental period, the exercise of all of the rights and power set forth in subparagraphs (b), (c), (d), and (f) shall require the prior approval of both the Trustee and the Developer.
Section 2. Delegation of Use. Any member may delegate, in accordance with the Bylaws, his right of enjoyment to the common properties and facilities to the members of his family, his tenants or contract purchasers who reside on the property, and, subject to regulation by the Association, to his temporary guests.
Section 3. Title to the Common Properties. The Declarants hereby covenant for themselves, their successors and assigns, that they will convey fee simple title to the common properties in VICTORIA PARK NO. 1 (which are described in Article I, Section 5) to the Trustee, free and clear of all encumbrances and liens immediately upon recordation of this declaration.
Section 4. The Trustee. The Trustee shall hold said common properties in trust for the benefit and enjoyment of the residents of the properties during the development period, after which time the trust shall terminate, and the Trustee shall thereupon convey the common properties to the Association subject to the provisions of this declaration or any supplemental declaration. During the term of said trust, the Trustee shall have all of the rights and powers provided for in this declaration. During the term of said trust, the Developer shall exercise control over the collection and disbursement of assessments and over the development and maintenance of the common properties and related facilities: Provided, however, that in the event the Trustee is notified by the Federal Housing Administration that it has received complaints against the Developer, which in nature and number are sufficient, in the opinion of the Federal Housing Administration, to indicate that the Developer is acting unreasonably in the exercise of its control over the collection and disbursement of assessments and development and maintenance of the common properties and related facilities, the Trustee shall have the power to relieve the Developer of such control, and, in such event the Trustee shall assume such control itself, either directly or through the appointment of an agent or agents.
Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarants, for each lot owned within the properties, hereby covenants, and each owner of any lot or lots by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay to the Developer during the developmental period, and thereafter to the Association, as hereinafter provided: (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The annual and special assessments, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessments, together with such interest and costs of collection thereof (including reasonable attorney's fees) shall also be the personal obligation of the person who was the owner of such property at the time when the assessment fell due. The personal obligation shall not pass to his successors in title unless expressly assumed by them: 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 installments due prior to said date. The new owner shall be personally liable for installments which become due on and after said date.
Section 2. Purpose of Assessments. The assessments levied by the Developer or the Association as hereinafter provided shall be used exclusively for the purpose of promoting the recreation, health, safety, and welfare of the residents of the properties, including, without limitation, the construction, establishment, improvement, repair and maintenance of the common properties and services and facilities related to the use and enjoyment of the common properties, the payment of taxes and insurance on the common properties and the payment of Trustee's fees to the Trustee appointed hereunder.
Section 3. Amount of the Annual Assessments. The amount of the annual assessments shall be as follows:
(a) During such time as title to the common properties is held by the Trustee, and subject to the provisions of Section 6 of Article VII, each owner shall pay to the Developer the amount of Ten Dollars ($10.00) per annum per lot (subject to increase pursuant to the provisions of this Section 3 and of Section 4 of this Article VII) which shall be used for the purposes provided in Section 2 of this Article VII and for no others. The extent of the expenditures for the purposes specified shall be determined by the Developer, subject to the provisions of Article VI, Section 4. Said annual assessment amount may be increased during the developmental period by a vote of two-thirds (2/3) of the members voting in person or by proxy, at a meeting duly called for such purpose, written notice of which shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting.
(b) Upon termination of the trust and conveyance of the common properties to the Association, each owner shall pay to the Association a maximum annual assessment of Ten Dollars ($10.00) per annum per lot (or in the event that amount has been increased as provided in the preceding subparagraph (a) or in Section 4 of this Article VII, the amounts as so increased) subject to the provisions of Section 6 of this Article VII: Provided, that said maximum annual assessment may be increased by the Association with the consent of two-thirds (2/3) of the members voting in person or by proxy, at a meeting duly called for such purpose, written notice of which shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. After consideration of current maintenance costs and future needs of the association, the Board of Trustees may fix the annual assessment at an amount of less than the maximum herein set forth. The maximum annual assessment may be increased by the Association without the assent of two-thirds (2/3) of the members as provided in Section 4 of this Article VII.
Section 4. Increase in Annual Assessments in Conformance with Rise in Consumer Price Index. From and after January 1, 1970, the amount of the annual assessment may be increased effective January 1 or each year without a vote of the membership, by not more than that amount which reflects the increase, if any, of the U.S. Bureau of Labor Statistics Consumer Price Index (calculated on the base period: 1957-1959 equal 100) for Seattle, Washington, for "Urban Wage Earners and Clerical Workers -- All items", for the preceding month of August. Said index establishes the numerical rating for Seattle for the month of August 1966, as 114.5. This shall be the base rating. To determine the percentage by which the annual assessment for each subsequent year may be increased without a vote of the membership, said base rating shall be divided into the said Consumer Price Index for the month of August preceding the effective date of any proposed increase. Said adjustment percentage, if in excess of 100 percentum, shall be multiplied by the initial annual assessment amount provided for herein to determine the maximum amount to which the annual assessment may be increased for the subsequent year without a vote of the membership.
Section 5. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy special assessments for capital improvements upon the common properties. Any such levy by the Association shall be as provided in the Articles of Incorporation and/or By-Laws of the Association, and during the developmental period shall require approval of the Trustee and the Developer.
Section 6. Uniform Rate of Assessment. Both annual and special assessments shall be fixed at a uniform rate for all lots.
Section 7. Quorum for Any Action Authorized Under Sections 3 and 5. At the first meeting called, as provided in Section 3 and 5 hereof, the presence at the meeting of members or of proxies entitled to case sixty percent (60%) of all the votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Sections 3 and 5, and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.
Section 8. Date of Commencement of Annual Assessments - Due Dates. As to all lots subject to this Declaration, the liability for the annual assessments provided for in Section 3 (a) and (b) of this Article VII shall begin on the first day of the calendar month following the conveyance of the first lot to a homeowner. Said assessment shall be due and payable on such date and on the first day of January of each succeeding calendar year thereafter. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The due date for any special assessments under Section 5 of this Article VII shall be fixed by the Trustee, or, as to the Association, by the resolution authorizing such assessment.
Section 9. Effect of Nonpayment of Assessment - Remedies. If any assessment is not paid within thirty (30) days after it was first due and payable, the assessment shall bear interest from the date on which it was due at the rate of six percent (6%) per annum, and the Developer, the Trustee, or, upon termination of the trust, the Association, may bring an action at law against the one personally obligated to pay the same and/or foreclose the lien against the property, and interest, costs, and reasonable attorney's fees of any such action shall be added to the amount of such assessment and all such sums shall be included in any judgment or decree entered in such suit. No owner shall be relieved of liability for the assessments provided for herein by non-use of the common properties or abandonment of his lot.
Section 10. Subordination of the Lien to Mortgagees. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage (and to the lien of any second mortgage given to secure payment of the purchase price) now or hereafter placed on any lot. Sale or transfer of any lot shall not affect the assessment lien. However, the sale or transfer of any lot which is subject to such first mortgage, or purchase money second mortgage, pursuant to a decree of foreclosure under such mortgage or in lieu of foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which became due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter bearing due or from the lien thereof.
Section 11. Exempt Property. The following property subject to this declaration shall be exempt from the assessments created herein:
(a) All properties dedicated to and accepted by a local public authority;
(b) All common properties; and
(c) All properties owned by a charitable or nonprofit organization exempt from taxation by the laws of the State of Washington.
However, no land or improvements devoted to dwelling use shall be exempt from said assessments.
The Developer during the development period, and thereafter the Association, shall maintain all common properties and facilities. Each individual owner shall be obligated to provide exterior maintenance of his own lot.
Section 1. Residential Character of Property. The term "residential lots", as used herein, means all of the lots now or hereafter platted on the existing property or the additions thereto, with the exception of the common properties. No structures or buildings of any kind shall be erected, altered, placed or permitted to remain on any residential lot other than one detached single-family dwelling for single-family occupancy only, not to exceed two and one-half stories in height, with a private garage or carport for not more than three standard size passenger automobiles.
Section 2. Architectural Control. No building shall be erected, placed or altered on any lot on the property until the building plans, specifications and plot plan showing the location of the structure have been approved in writing as to quality of workmanship and materials, harmony of external design with existing structures in the subdivision, and as to location of the building with respect to topography and finished ground elevation, by a committee composed of _____________________________________ or by a representative designated by a majority of the members of said committee; PROVIDED, however, that the provisions of this Section 2 shall not apply to builders purchasing lots on which to construct homes for sale to customers in the ordinary course of business who are approved by the Developer. In the event of the death or resignation of any member of said committee, the remaining member or members shall have full authority to approve or disapprove such design and location. In the event said committee fails to approve or disapprove said plans and specifications within thirty (30) days after submission, approval will not be required and this covenant shall be deemed to have been fully complied with. Neither the members of such committee, nor its designated representative shall be entitled to any compensation for services performed pursuant to the covenant. The powers and duties of the said committee members shall cease upon the termination of the developmental period, or upon the prior death of all three of said members. Thereafter, the committee approval described in this covenant shall be obtained from the Architectural Control Committee of the Association.
All plans, specifications and plot plans which must be submitted for approval hereunder, shall be submitted to said committee at the following address:
or to such other address as may hereafter be given in writing to the owners or contract purchasers involved by the Developer or by said Committee.
Section 3. Lot Size. No residential structure shall be erected or placed on any residential lot which has a (lot) area of less than five thousand (5,000) square feet or a minimum width of fifty (50) feet at the front building line.
Section 4. Business and Commercial Use of Property Prohibited. No trade, craft, business, profession, commercial or manufacturing enterprise or business or commercial activity of any kind shall be conducted or carried on upon any residential lot, or within any building located on a residential lot.
Section 5. Nuisances. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.
Section 6. Residential Use of Temporary Structures Prohibited. No trailer, basement, tent, shack, garage, barn or other outbuildings or any structure of a temporary character erected or placed on the property shall at any time be used as a residence temporarily or permanently.
Section 7. Minimum Dwelling Cost. No single family dwelling shall be permitted on any lot at a cost of less than $10,000.00, exclusive of land, based upon cost levels prevailing on the date these covenants are recorded, it being the intent and purpose of the covenant to assure that all dwellings shall be of quality and workmanship and materials substantially the same or better than that which can be produced on the date these covenants are recorded at the minimum cost stated herein for the minimum permitted dwelling size. The ground floor area of the main structure, exclusive of open porches, and garages, shall not be less than eight hundred and fifty (850) square feet for a one-story dwelling, nor less than five hundred (500) square feet for the ground floor area of a dwelling of more than one story. (For the purpose of this provision, a home with a daylight basement shall be considered a dwelling of more than one story).
Section 8. Utility Easements. On each lot, an easement is reserved under and upon five foot strips of land adjacent to and within front and rear lot lines and to side street lot lines (except any side street boundary lines) for utility installation and maintenance, including but not limited to, underground electric power, telephone, water, sewer, drainage, gas, etc., together with the right to enter upon the lots at all times for said purposes. Additional utility easements are reserved as shown on the recorded plat and others as required will also be recorded as will necessary easements required by governmental subdivisions. Within these easements, no structure, planting, or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements; the easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible.
Section 9. Animals. No animal, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that cats, dogs, birds or other household pets may be kept if they are not kept, bred, or maintained for any commercial purpose, and that they shall not be kept in numbers or under conditions reasonably objectionable in a closely built up residential community.
Section 10. Signs. No signs shall be displayed to the public view on any lot except one professional sign of not more than one square foot, one sign of not more than five square feet advertising the property for sale or rent, or signs used by a builder or advertise the property during the construction and sales period.
Section 11. Mortgages Protected. Nothing herein contained shall impair or defeat the lien of any mortgage or deed of trust now or hereafter recorded covering any lot or lots, but title to any property obtained as a result of foreclosure shall thereafter be held subject to all of the provisions herein.
Section 12. Building Setback Requirements. No building shall be located on any residential lot nearer than twenty (20) feet to the front lot line, nor nearer than twenty (20) feet to any side street line, nor nearer than an average of twenty-five (25) feet to the rear lot line, except a detached garage. No building shall be located nearer than five (5) feet to any (non-street) side lot line (chimney, porches and decks excepted) in the case of one and one and one-half (1 - 1-1/2) story structures nor nearer than six (6) feet to any (non-street) side lot line (chimney, porches and decks excepted) in the case of two to two and one-half (2 - 2-1/2) story structures. A detached garage or other permitted accessory building may be located within the side yards of an inside lot when erected so that the entire building is within a distance of thirty (30) feet from the rear lot line.
Section 13. Garbage and Refuse Disposal. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.
Section 14. Oil and Mining Operations. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot; nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot.
Section 15. Sewage Disposal. No individual sewage-disposal system shall be permitted on any lot unless such system is designated, located, and constructed in accordance with the requirements, standards and recommendations of the City of Renton or the King County Health Department. Approval of such systems as installed shall be obtained from such authority.
Section 1. Enforcement. The Trustee, the Association, the Developer and each owner of a lot or lots subject to this declaration, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this declaration: Provided, however, that the Developer's right to enforce the provisions of this declaration shall terminate at such time as the Developer shall cease to be the owner of a lot or lots subject to this declaration. Failure of the Trustee, the Association, the Developer, or any such owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions, which shall remain in full force and effect.
Section 3. Amendment. The covenants and restrictions of this declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Trustee, the Association, and the owner of any lot subject to this declaration, including the Developer, their respective legal representatives, heirs, successors and assigns, for a term of twenty (20) years from the date this declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years, unless an instrument terminating these covenants which is signed by not less than the owners then owning seventy-five percent (75%) of the property subject to this declaration or any supplemental declaration shall have been filed with the King County Auditor. The covenants and restrictions of this declaration may be amended during the first twenty (20) years period by an instrument signed by not less than the owners then owning ninety percent (90%) of the property subject to this declaration or any supplemental declaration, and thereafter by an instrument signed by not less than the owners then owning seventy-five percent (75%) of the property subject to this declaration or any supplemental declaration. Amendments shall take effect when they have been recorded with the Auditor of King County.
Section 4. FHA Approval. As long as title to the common properties is held by the Trustee, as herein provided, the following actions will require the prior approval of the Federal Housing Administration: Annexation of additional properties, dedication of common properties, and amendments of this Declaration of Covenants, Conditions and Restrictions.
No lot or portion of a lot in this plat shall be divided and sold or resold or ownership changed or transferred whereby the ownership of any portion of this plat shall be less than the area required for the use district in which located.
All lots in this plat are subject to an easement for drainage and utility purposes 5 feet in width adjacent to and within the rear lot lines, and 2-1/2 feet in width adjacent to the side lot lines, unless otherwise shown.