18-104198 (2)1-� F I L aE
CITY OF
Federal Way
Centered on OpportLm ty
November 9, 2018
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www.cityoffederalway.com
Jim Ferrell, Mayor
William McCaffrey Bill@TheNexusStudio.com
30929 37`h Place SW
Federal Way, WA 98023
RE: File #18-104198-00-SU; FINAL PLAT TECHNICAL REVIEW
Mirror Lake Highland Cottage Plat, 604 SW 312th St, Federal Way
Dear Mr. McCaffrey:
The Department of Community Development Services received your final plat application on September
10, 2018, for the Mirror Lake Highland Final Plat, a 16-lot subdivision in Federal Way. Upon receipt of
the application, city staff reviewed the submittal packet for completeness based on the final plat submittal
requirements for subdivisions under Federal Way Revised Code (FWRC) 18.40.020 "Final Plat."
INCOMPLETE APPLICATION
On October 8, 2018, the final plat application was deemed incomplete based on the three items referenced
in the City's October 8, 2018 letter. To date, the City has not received a substantial completion letter from
Lakehaven Water and Sewer.
TECHNICAL COMMENTS
The following comments represent the city's initial review of the final plat submittal. Please provide the
following information as soon as possible in order to further process the final plat application. Review of
additional information may necessitate additional staff comments and/or plat revisions and request for
additional/clarified information.
Please revise the final plat documents or provide additional information in accordance with the following
comments and resubmit four sets of paper copies of the revised final plat drawings and three copies of any
supporting documents along with the enclosed resubmittal form.
Planning Division Technical Comments
1. Tract A needs to be segregated into at least two different tracts. One tract would be specific
for access (private road) and utility. A separate tract would be for open space and other
facilities unique to the cottage housing use, such as garages, parking, etc.
2. The new tract that would include garages and parking must include language describing purpose of
this tract for parking, garages, open space, etc. This note must include provisions that any building is
only for recreation purposes and parking, and no dwelling units, and may not be further subdivided
and may not be used for financial gain.
Mr. McCaffrey
November 9, 2018
Page 2
Include in this tract note the maximum number of garage and parking spaces identified in the
preliminary plat approval, in order to avoid future potential conversion of open space into
parking areas. Also, identify maximum size of common recreational building.
3. Add a note to the plat map identifying the purpose, ownership and maintenance responsibility
of each tract. See attached sample. I suggest that you draft language regarding each tract and
submit that draft language to City staff for review prior to re -printing the final plat map.
Review and implement requirements in pre -plat approval condition number 6 regarding open
space provisions.
4. The plat map has numerous places that show a dimension with no reference to what the
dimension is for (see red -line).
5. Include a note on the plat map describing the plat as a Cottage Housing project as provided in
Federal Way Revised Code 19.200.010 and 19.250.
Provide a cost estimate and financial guarantee for incomplete landscaping and open space
amenities.
7. Label 6`1' Lane SW on the final plat map, as all the lots are addressed off this street number and 6t'
Lane SW is not shown on the final plat map drawing.
8. On sheet one there are two lines for signature of Director of Community Development. Remove the
top line of the two.
9. On all sheets add City of Federal Way File No. 18-104198-SU.
10. For required City reporting, provide a Table on the face of the plat identifying the items on the Public
Works checklist number 22. Provide a draft of this table to City staff before placing on final plat map.
11. Per FWRC 19.250.130 and FWRC 19.200.010, front setbacks shall be a minimum 15 feet.
The final plat maps show a nine or ten -foot front yard setback (BSBL). This needs to be
revised to 15-foot BSBL.
12. Lot corners need to be staked in field and shown on final plat map.
13. If construction of a new house, foundation or any other structures on the site is started before
recording the plat, then the structure must be shown on the final plat map and identify actual
setbacks from property lines. All existing structures must be shown on the final plat map, and
shall identify setbacks to property lines.
14. Note 5 on sheet 2 creating a blanket easement over the entire tract is not appropriate. The
City cannot authorize and permit buildings on top of an easement area. This area is also
approved for garages and common recreation building.
15. Note 4 sheet 2 needs to be eliminated.
.16. Prior to forwarding the final plat to the City Council, please verify with King County recorder
that the proposed name Mirror Lake Highlands is available as the plat name. If this name has
been previously used in King County, the County will not allow recording with this name.
18-104198-00-SU Doc, I.D. 78442
Mr. McCaffrey
November 9, 2018
Page 3
17. Per pre -plat approval condition, provide a draft affordable housing covenant. The preliminary plat
condition states this covenant shall last a minimum of 15 years. .
18. Provide substantial completion letters from Lakehaven for water and sewer improvements.
19. Provide a calculation and table identifying specifically how the minimum 8,000 square feet of
required open space is provided.
20. What is the status of the fence on the west property line per February 24, 2012 letter?
21. What is the status of the landscaping on the west side of parking per February 24, 2012 letter?
22. Are the 3 conditions about stormwater system added by the Hearing Examiner addressed to the
satisfaction of Public Works Department staff?
23. Traffic Impact Fee and School Impact fees are payed at building permit per FWRC.
24. Planning Division is reviewing draft covenants and may have comments on this next week.
Public Works Department Technical Comments
The following Public Works Department technical review comments apply to the final plat documents.
Contact Ann Dower, Senior Engineering Plans Reviewer, at 253-835-2732 or
ann.dower@cityoffederalway.com regarding the items below.
COVENANTS
While the current developer understands the unique storm water requirements of this site, when
maintenance responsibility is eventually turned over to an HOA, this may no longer be the case. For this
reason, the covenants must be clear and specific in stating the minimum requirements necessary to protect
the function of the storm water facilities.
The following revisions must be made to the covenants.
p. 16 item 6.4 Storm Water System Maintenance
You need to provide a specific maintenance schedule with minimum maintenance requirements. This
could be an appendix added to the covenants, or perhaps there should be a separate section for storm
water system maintenance, repair, and replacement. The schedule should include, but not be limited to,
vactoring/sweeping the pervious asphalt and how often, cleaning up oil spills, not allowing bark or other
landscape materials to be dumped on it without protection underneath, etc.
Rain garden maintenance must include, but not be limited to, weeding and how often, pesticide/herbicide
use, plant replacement, soil replacement, etc.
Your engineer should have provided this type of information in the maintenance section of the Technical
Information Report. If it is specific enough, you can use that, but it may need more information. The City
will provide annual inspections unless there is a specific problem that is brought to our attention prior to a
regularly scheduled inspection. It is the HOA's responsibility to keep things in a clean, growing, and
functional condition.
Doc. LD. 78442
18-104198-00-SU
Mr. McCaffrey
November 9, 2018
Page 4
12. 16 item 7.4 Conveyance of Common Area
Although I believe the intent is to convey garage units, it is not entirely clear in this wording. Please, at a
minimum, specify that the rain gardens and pervious pavement cannot be conveyed in any manner to a
single owner without incurring full maintenance responsibilities as well.
p. 23 item 9.8 Association Records
In order to provide the City inspectors with adequate documentation, the Association records should
include records of when and what company has swept/vacuumed the pervious pavement and when/who
has maintained the rain garden and what pesticides/herbicides were used.
p. 35 item 14.4 Common Area Repair and Replacement
Per this document, 80% of the lot owners may vote not to rebuild a common area. However, they cannot
vote to not rebuild the pervious pavement or the rain gardens unless they are able to replace them with
facilities that have been approved by the City of Federal Way. This would include submitting plans for
approval and constructing the new detention and treatment facilities to City standards. Also, they must be
responsible to repair or replace these facilities first and in a timely manner, in the event of extensive
damage.
LOT CLOSURE CALCULATIONS
Include lot closures for Tract X and for the original lots.
TRACT X AGREEMENT
A Tract X Agreement must be recorded with the plat. Please fill out the worksheet (emailed on 10/31/18)
and provide a legal description of Tract X meeting recording standards for King County and proof of
authority to sign on behalf of the owner (if it is a corporation).
PLAT MAP
Sheet 1
Revise the dedication language to match the enclosure and add signature lines for the property owners.
Provide verification of who is authorized to sign on behalf of the owners.
Show the City file number (above).
Sheet 2
On the section detail and in King County Assessor's records, a narrow panhandle is shown at the
northwest corner of the property. It does not appear in the plat drawing. Provide legal documentation
explaining its absence or include the property in the plat drawing. If it is legally not a part of this plat,
then remove it from the section detail.
Under Subdivision Notes, include the recording number of the CC&Rs in Item 1.
Under Subdivision Notes, item 6 speaks of an "open space tract" that is not identified in the tract table.
Please resolve.
Please verify that all easements and exceptions have been provided.
18- 1 04198-00-SU Doc, ID. 78442
Mr. McCaffrey
November 9, 2018
Page 5
Sheets 3 — 6
Previous lot lines must be shown using dotted lines.
The provided vertical datum, KCAS, meets the City's development standard.
Show deed calls that are at variance with the measured distances and/or directions of the surveyed
parcels.
Show the location of all existing easements with recording numbers.
If PSE or others have proposed easements these must be shown.
Tract X is not "public right-of-way" as shown in the Tract table. It is for future dedication as public right-
of-way.
Indicate whether permanent survey control monuments have been set.
Provide the date visited for all existing monuments.
Please provide a copy of any existing easements.
CLOSING
Upon substantial completion of the project infrastructure, and compliance with applicable FWRC
requirements, the final plat application will be forwarded to the City Council's Land Use and
Transportation Committee (LUTC). The LUTC will review the final plat and make a recommendation to,
the full City Council. The City Council will make the final decision on the plat application at a regular City
Council meeting. Please be advised that staff reports to the City Council and council committees are
required to be prepared approximately two weeks in advance of scheduled meetings. Therefore, once the
project is determined to be substantially complete, processing and scheduling the final plat application will
take a minimum of four to six weeks, in part due to the monthly LUTC meeting and bi-weekly City
Council meetings.
If you have any further questions or need any assistance, contact me at 253-835-2652 or
jim.harris@cityoffederalway.com.
Sincerely,
t �
Jim Harris
Senior Planner
c: Ann Dower, Senior Engineering Plans Reviewer
Sarady Long, Senior Traffic Engineer
enc: Resubmittal Bulletin
Redline Plans
Tract Language Sample
Doc.LD. 78442
18-104198-00-SU
CITY OF
Federal Way
December 12, 2018
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www. cityoffederalway.. com
Jim Ferrell, Mayor
William McCaffrey Bill@TheNexusStudio.com
30929 37`h Place SW
Federal Way, WA 98023
RE: File #18-104198-00-SU; FINAL PLAT 2ND TECHNICAL REVIEW
Mirror Lake Highland Cottage Plat, 604 SW 312th St, Federal Way
Dear Mr. McCaffrey:
The Department of Community Development Services and Public Works Department have reviewed the
additional materials submitted on December 3, and December 5, 2018, for your final plat application.
TECHNICAL COMMENTS
The following comments represent the city's ongoing review of the final plat submittal. Please provide the
following information as soon as possible in order to further process the final plat application. Review of
additional information may necessitate additional staff comments and/or plat revisions and request for
additional/clarified information.
Please revise the final plat documents or provide additional information in accordance with the following
comments and resubmit four sets of paper copies of the revised final plat drawings and three copies of any
supporting documents along with the enclosed resubmittal form.
1. Change note 4 on sheet 2 to read as follows:
The Mirror Lake Highland Plat is a Cottage Housing Demonstration project authorized by the
Federal Way City Council. As this is a demonstration project, several of the RS 7.2 zoning
standards are unique to the Cottage Housing Development. The individual lots shall be developed
in general compliance with building setbacks, lot coverage and fagade design as depicted on the
following preliminary plans: Mirror Lake Highland Cottage Housing Req'd Areas and Site
Coverage Data, sheetA-IB, and preliminary elevation designs sheets A-4 —A-11 by the WJM
Studio, dated 12/21/2007, on file with the City of Federal Way under file no. 18-104198-SU.
2. Add to `Tract A:' notes:
Pervious asphalt driveway is a key component of the drainage system and must be regularly
maintained per the maintenance requirements outlined in the Declaration of Covenant for
Maintenance and Inspection of Flow Control BMP's, recording # and
the CC&R's, recording #
The City shall have the right to enter, inspect, and repair the pervious pavement, at the expense of
the owners, if the pavement is not maintained in a functioning manner. Approval from the City of
Federal Way Public Works Director must be obtained prior to removal or obstruction of the
pervious pavement.
Mr. McCaffrey
December 12, 2018
Page 2
3. Add to `Tract B Through E' notes:
Tracts B through E are rain garden tracts. Rain gardens are a key component of the drainage
system and must be regularly maintained per the maintenance requirements outlined in the
Declaration of Covenant for Maintenance and Inspection of Flow Control BMP's, recording
# and the CC&R's, recording #
Eliminate: "Raingarden tracts are established for the benefit of the owners of Lot 1 through 16
and for the purpose to operate and maintain a stormwater runoff conveyance to a public or private
surface water system or facility."
4. Add Tract X Note as follows:
Tract X is a private ingress / egress and utility tract. All conveyances of lots in this plat must
contain a 1/16 joint ownership interest in Tract A for ownership and maintenance purposes. The
cost of maintenance, repairs, or reconstruction of these elements used in common shall be borne
in equal shares. A Bement to Dedicate Tract "X." Owners hereby covenants and agrees, for
itself, its successors, grantees, and assigns, to dedicate Tract "X" to the City of Federal Way for
right-of-way and street purposes at such time as the City determines in its discretion that Tract
"X" is needed for these purposes. A Statutory Warranty Deed in a form acceptable to the City,
and conveying Tract "X" to the City shall be executed by the Grantor, its successors, grantees, or
assigns, and shall be delivered to the City upon demand.
5. The Tract F finger does not meet FWRC 18.05.010 definition of Tract. Since this finger cannot be
a tract, and cannot be a separate lot, City staff suggests that it be included as part of lot 14. You
may pursue a Boundary Line Adjustment (BLA) following final plat recording if desired. BLA
has application fees and review required by the City per FWRC Chapter 18.
If your surveyor has alternative ideas for how to handle this area, let me know.
6. Add to Tract A, easement area B, the following text as required by the preliminary plat condition.
The open space tract is to be owned in common and maintained by property owners of Lots 1 --
16, and removal or disturbance of vegetation and landscaping within this tract shall be prohibited
except as necessary for maintenance or replacement of existing plantings and as approved by the
City Department of Community Development.
7. Move the Open Space Block and note content from sheet 8 to below the tract Table on sheet 4.
8. Change note 5 on sheet 2 to add reference to Federal Way Revised Code. Revise the note as
follows: Affordable Housing lots 7 and 13 are designated as affordable housing units per Federal
Way Cottage Housing Ordinance, Federal Way Revised Code Chapter ..........
9. Water and sewer completion letters from Lakehaven have not been submitted to the City. These
are required before final plat recommendation and approval.
10. The lot closure calculations submitted on December 3, 2018, need to be stamped and signed by a
Licensed Surveyor. Update the lot closure tales as required to address Tract F and Lot 14 revision
discussed above. Add an overall lot closure for the entire property. The lot closure calculation
Doc I.D. 78535
18-104198
Mr. McCaffrey
December 12, 2018
Page 3
document also needs to identify the name of the plat. There is no name of plat on the Lot closure -
calculation report.
11. I am reviewing the information you emailed on December 11, 2018, and preparing bond
documents for City Law Department review.
12. As identified in the preliminary plat approval condition, the affordable housing covenant is
required to be recorded prior to occupancy of either of the two affordable units. City staff has
some significant concerns and comments on the Draft Affordable Housing Covenant submitted to
the City on December 5, 2018. We will provide comments on this under separate cover. We
encourage you to address these comments and get this covenant back to City staff as soon as
possible. We strongly encourage you to get this Affordable Housing Covenant completed and
recorded far in advance of any occupancy of the affordable units.
13. State what the lot corner dots indicate (iron pipe with cap?) and date set.
14. Correct the signature area for the dedication as shown below:
MIRROR LAKE HIGHLAND, LLC
William J. McCaffrey, Manager
15. Provide four copies of revised/updated final plat map and provide two printed paper copies on
8.5- X 11-inch paper.
CLOSING
Upon substantial completion of the project infrastructure, and compliance with applicable FWRC
requirements, the final plat application will be forwarded to the City Council's Land Use and
Transportation Committee (LUTC). The LUTC will review the final plat and make a recommendation to
the foil City Council. The City Council will make the final decision on the plat application at a regular City
Council meeting. Please be advised that staff reports to the City Council and council committees are
required to be prepared approximately two weeks in advance of scheduled meetings. Therefore, once the
project is determined to be substantially complete, processing and scheduling the final plat application will
take a minimum of four to six weeks, in part due to the monthly LUTC meeting and bi-weekly City
Council meetings.
If you have any further questions or need any assistance, contact me at 253-835-2652 or
jim.haffis@cityoffederalway.com.
Sincerely,
�`"'ti+ 4�
Ji arris
Senior Planner
c: Ann Dower, Senior Engineering Plans Reviewer Sarady Long, Senior Traffic Engineer
enc: Resubmittal Bulletin
Doc. I.D. 78535
18-104198
CITY OF FEDERAL WAY
COMMUNITY DEVELOPMENT DEPARTMENT
DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL
DATE:
December 17, 2018
TO:
Ann Dower, PW Development Services
FROM:
Jim Harris
FOR DRC MTG. ON:
NA
FILE NUMBER(s):
18-104198-00-SU
RELATED FILE NOS.:
None
PROJECT NAME:
MIRROR LAKE HIGHLAND COTTAGE PLAT
PROJECT ADDRESS:
604 SW 312TH ST
ZONING DISTRICT:
RS 7.2
PROJECT DESCRIPTION:
Final plat of 16-lot cottage housing development.
LAND USE PERMITS:
PROJECT CONTACT:
WILLIAM MCCAFFREY
MATERIALS SUBMITTED: Revised Plat Map
Lot Calculations
CITY OF FEDERAL WAY
COMMUNITY DEVELOPMENT DEPARTMENT
DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL
DATE: December 4, 2018
TO: Ann Dower, PW Development Services
Brian Asbury, Lakehaven Water & Sewer District
FROM: Jim Harris
FOR DRC MTG. ON: NA - For review and response to Jim H
FILE NUMBER(s): 18-104198-00-SU
PROJECT NAME: MIRROR LAKE HIGHLAND COTTAGE PLAT
PROJECT ADDRESS: 604 SW 312TH ST
ZONING DISTRICT: RS 7.2
PROJECT DESCRIPTION: Final plat of 16-lot cottage housing development.
LAND USE PERMITS:
PROJECT CONTACT: WILLIAM MCCAFFREY
MATERIALS SUBMITTED: Revised Pre Plat Map
Lot closure calcs
Responses for McCaffrey to November 9, 2018 letter
(applicant responses under each staff comment)
Lot Report- MIRROR LAKE HIGHLAND PLAT Mon Dec 17 07:48:35 2018
ORIGINAL LOT,
PNT# Bearing Distance Northing
Easting Station
7055 122172.669
1266107.510 0.000
N 88047152" W 100.000
7058 122174.767
1266007.532 100.000
N 01006108" E 140.002
7078 122314.743
1266010.225 240.002
N 88'48136" W 9.423
7079 122314.939
1266000.805 249.425
S 01005125" W 880.644
7080 121434.455
1265984.047 1130.069
Radius: 316.000 Length: 27.671 Chord:
27.662 Delta: 5'01'02"
Chord BRG: N 71007118" E Rad-In: S 21023,13"
E Rad-Out: S 16022'll"
E
Radius Pt: 7003 121140.215,1266099.282 Tangent: 13.844 Dir: Right
Tangent -In: N 68036147" E Tangent -Out: N
73037,49" E Non Tangential -In
Tangential -Out
7002 121443.405
1266010.221 1157.740
Radius: 316.000 Length: 42.727 Chord:
42.695 Delta: 7044150"
Chord BRG: N 77°30113" E Rad-In: S 16022'll"
E Rad-Out: S 08037122"
E
Radius Pt: 7003 121140.215,1266099.282 Tangent: 21.396 Dir: Right
Tangent -In: N 73037149" E Tangent -Out: N
81022138" E Tangential -In
Tangential -Out
7004 121452.643
1266051.905 1200.467
Radius: 316.000 Length: 41.997 Chord:
41.966 Delta: 7036153"
Chord BRG: N 850111051, E Rad-In: S 08037122"
E Rad-Out: S 01000'29"
E
Radius Pt: 7003 121140.215,1266099.282 Tangent: 21.030 Dir: Right
Tangent -In: N 81022138" E Tangent -Out: N
88059131" E Tangential -In
Non
Tangential -Out
7008 121456.166
1266093.723 1242.464
N 01006108" E 716.636
7055 122172.669
1266107.510 1959.100
Closure Error Distance> 0.00000
Total Distance> 1959.100
Area: 80597.59SQ.FT., 1.85ACRES
RESUBMITTED
DEC 17 2018
CF Y OF FEDERAL WAY
COMMUNrY DEVELOPMENT
LOT 1,
PNT# Bearing Distance Northing Easting Station
7000 121511.727 1266053.029 0.000
N 88054/35/1 W 41.500
7001 121512.517 1266011.537 41.500
S O100512511 W 69.124
7002 121443.405 1266010.221 110.624
Radius: 316.000 Length: 42.727 Chord: 42.695 Delta: 704415011
Chord BRG: N 77030/13/1 E Rad-In: S 16022/11/1 E Rad-Out: S 08037122/1 E
Radius Pt: 7003 121140.215,1266099.282 Tangent: 21.396 Dir: Right
Tangent -In: N 73037/49/1 E Tangent -Out: N 81022/38/1 E Non Tangential -In
Non Tangential -Out
7004 121452.643 1266051.905 153.351
N O100512511 E 59.094
7000 121511.727 1266053.029 212.446
Closure Error Distance> 0.00000
Total Distance> 212.446
Area: 2639.98SQ.FT., 0.06ACRES
LOT 2,
PNT# Bearing Distance Northing Easting Station
7005 121516.100 1266094.876 0.000
N 88054135" W 41.756
7006 121516.895 1266053.128 41.756
S O1*05125" W 5.169
7000 121511.727 1266053.029 46.925
S O1005125" W 59.094
7004 121452.643 1266051.905 106.020
N 81°22138" E 0.000
7007 121452.643 1266051.905 106.020
Radius: 316.000 Length: 41.997 Chord: 41.966 Delta: 7036153"
Chord BRG: N 85*11105" E Rad-In: S 08°37,22" E Rad-Out: S O1000129" E
Radius Pt: 7003 121140.215,1266099.282 Tangent: 21.030 Dir: Right
Tangent -In: N 81022,381, E Tangent -Out: N 88°59131" E Tangential -In Non
Tangential -Out
7008 121456.166 1266093.723 148.017
N O1006108" E 59.945
7005 121516.100 1266094.876 207.962
Closure Error Distance> 0.00000
Total Distance> 207.962
Area: 2573.33SQ.FT., 0.06ACRES
LOT 3,
PNT#
Bearing
Distance
Northing
7009
121578.334
N 88054135/1 W
53.503
7010
121579.352
S O100512511 W
33.847
7011
121545.512
S 45011152/1 E
14.692
7012
121535.158
S 88054/35/1 E
42.874
7013
121534.342
N O100610811 E
44.000
7009
121578.334
Closure Error Distance>
0.00000
Total
Distance> 188.917
Area:
2300.04SQ.FT., 0.05ACRES
Easting Station
1266096.074 0.000
1266042.580 53.503
1266041.936 87.350
1266052.361 102.043
1266095.227 144.917
1266096.074 188.917
LOT 4,
PNT#
Bearing
Distance
Northing
7014
121614.328
N 88054/35/1 W
40.490
7015
121615.098
N 88054/35/1 W
5.621
7016
121615.205
S 46005/25/1 W
10.465
7017
121607.947
S O100512511 W
28.600
7010
121579.352
S 8805413511 E
53.503
7009
121578.334
N O100610811 E
36.000
7014
121614.328
Closure Error Distance>
0.00000
Total
Distance> 174.680
Area:
1898.88SQ.FT., 0.04ACRES
Easting Station
1266096.766 0.000
1266056.283 40.490
1266050.664 46.111
1266043.124 56.576
1266042.580 85.176
1266096.074 138.680
1266096.766 174.680
LOT 5,
PNT#
Bearing
Distance
Northing
Easting
Station
7018
121671.319
1266097.863
0.000
N 88°54135" W
35.422
7019
121671.993
1266062.447
35.422
S 46005/25/1 W
6.881
7020
121667.221
1266057.490
42.303
S 46005125/1 W
0.304
7021
121667.011
1266057.272
42.606
S O100512511 W
51.922
7015
121615.098
1266056.283
94.528
S 88054/35/1 E
40.490
7014
121614.328
1266096.766
135.018
N O100610811 E
57.002
7018
121671.319
1266097.863
192.020
Closure Error Distance>
0.00000
Total
Distance> 192.020
Area:
2295.46SQ.FT., 0.05ACRES
LOT 6,
PNT#
Bearing
Distance
Northing
Easting
Station
7022
121759.305
1266099.556
0.000
N 88054135" W
40.306
7023
121760.072
1266059.258
40.306
N 88054'35" W
0.000
7024
121760.072
1266059.257
40.306
S O1°05125" W
50.462
7025
121709.619
1266058.297
90.768
S 43°54135" E
5.710
7026
121705.505
1266062.258
96.478
S 88054135" E
36.257
7027
121704.815
1266098.508
132.735
N O1°06108" E
54.500
7022
121759.305
1266099.556
187.235
Closure Error Distance>
0.00000
Total
Distance> 187.235
Area:
2188.21SQ.FT., 0.05ACRES
LOT 7,
PNT#
Bearing
Distance
Northing
Easting
Station
7028
121797.298
1266100.287
0.000
N 88054/35/1 W
52.996
7029
121798.307
1266047.300
52.996
S O100512511 W
25.318
7030
121772.994
1266046.819
78.314
S 43054/35/1 E
17.936
7031
121760.072
1266059.257
96.249
S 43°54135" E
0.000
7023
121760.072
1266059.258
96.249
S 88o54135" E
40.306
7022
121759.305
1266099.556
136.555
N O100610811 E
38.000
7028
121797.298
1266100.287
174.555
Closure Error Distance>
0.00000
Total
Distance> 174.555
Area:
1933.28SQ.FT., 0.04ACRES
LOT 8,
PNT#
Bearing
Distance
Northing
Easting
Station
7032
121833.291
1266100.980
0.000
N 88054135/1 W
40.490
7033
121834.062
1266060.497
40.490
N 88054/35/1 W
6.314
7034
121834.182
1266054.184
46.804
S 46005,2511 W
8.768
7035
121828.101
1266047.868
55.572
S 01005/25/1 W
29.800
7029
121798.307
1266047.300
85.372
S 88054/35/1 E
52.996
7028
121797.298
1266100.287
138.368
N O100610811 E
36.000
7032
121833.291
1266100.980
174.368
Closure Error Distance>
0.00000
Total
Distance> 174.368
Area:
1888.78SQ.FT., 0.04ACRES
LOT 9,
PNT#
Bearing
Distance
Northing
7036
121906.447
N 88054'35" W
40.505
7037
121907.218
S O1*0512511 W
48.593
7038
121858.634
S 43°54135" E
7.644
7039
121853.127
S 88054135/1 E
35.089
7040
121852.459
N O100610811 E
53.998
7036
121906.447
Closure Error Distance>
0.00000
Total
Distance> 185.827
Area:
2172.25SQ.FT., 0.05ACRES
Easting Station
1266102.387 0.000
1266061.890 40.505
1266060.965 89.098
1266066.266 96.741
1266101.348 131.830
1266102.387 185.827
LOT 10,
PNT#
Bearing
Distance
Northing
7041
122027.425
N 88054/35/1 W
35.125
7042
122028.093
S 46005125/1 W
7.644
7043
122022.792
S O1005,2511 W
51.596
7044
121971.206
S 88054/35/1 E
40.518
7045
121970.435
N O100610811 E
57.001
7041
122027.425
Closure Error Distance>
0.00000
Total
Distance> 191.884
Area:
2295.30SQ.FT., 0.05ACRES
Easting Station
1266104.715 0.000
1266069.596 35.125
1266064.089 42.769
1266063.108 94.365
1266103.619 134.883
1266104.715 191.884
LOT 11,
PNT#
Bearing
Distance
Northing
Easting
Station
7046
122097.414
1266106.062
0.000
N 88°54135" W
54.136
7047
122098.444
1266051.935
54.136
S O100512511 W
34.379
7048
122064.072
1266051.281
88.515
S 47016/34/1 E
12.977
7049
122055.267
1266060.814
101.492
S 88054135/1 E
3.893
7050
122055.193
1266064.706
105.384
S 88054135/1 E
40.536
7051
122054.422
1266105.235
145.920
N O100610811 E
43.000
7046
122097.414
1266106.062
188.920
Closure Error Distance>
0.00000
Total
Distance> 188.920
Area:
2285.86SQ.FT., 0.05ACRES
I
LOT 12,
PNT#
Bearing
Distance
Northing
7052
122134.407
N 88054/35/1 W
46.726
7053
122135.296
S 46005/25/1 W
10.491
7054
122128.021
S O1005,2511 W
29.582
7047
122098.444
S 88054,3511 E
54.136
7046
122097.414
N O100610811 E
37.000
7052
122134.407
Closure Error Distance>
0.00000
Total
Distance> 177.935
Area:
1975.67SQ.FT., 0.05ACRES
Easting Station
1266106.774 0.000
1266060.057 46.726
1266052.498 57.217
1266051.935 86.798
1266106.062 140.935
1266106.774 177.935
LOT 13,
PNT#
Bearing
Distance
Northing
7055
122172.669
N 88047/52/1 W
51.750
7056
122173.755
S O100512511 W
33.345
7057
122140.416
S 43051/41/1 E
7.100
7053
122135.296
S 88054135/1 E
46.726
7052
122134.407
N O100610811 E
38.269
7055
122172.669
Closure Error Distance>
0.00000
Total
Distance> 177.190
Area:
1970.28SQ.FT., 0.05ACRES
Easting Station
1266107.510 0.000
1266055.771 51.750
1266055.137 85.095
1266060.057 92.196
1266106.774 138.921
1266107.510 177.190
LOT 14,
PNT#
Bearing
Distance
Northing
Easting
Station
7056
122173.755
1266055.771
0.000
N 88047152/1
W
48.250
7058
122174.767
1266007.532
48.250
N O100610811
E
140.002
7078
122314.743
1266010.225
188.252
N 88048/36/1
W
9.423
7079
122314.939
1266000.805
197.675
S O100512511
W
140.000
7059
122174.964
1265998.141
337.675
S O100512511
W
44.976
7060
122129.996
1265997.285
382.651
S 88°54135"
E
46.124
7061
122129.119
1266043.401
428.775
N 46005/25/1
E
16.290
7057
122140.416
1266055.137
445.065
N 01005125/1
E
33.345
7056
122173.755
1266055.771
478.410
Closure Error Distance>
0.00000
Total
Distance> 478.410
Area:
3840.07SQ.FT., 0.09ACRES
LOT 15,
PNT#
Bearing
Distance
Northing
7062
122089.875
N 43054/35/1 W
9.630
7063
122096.813
N 88054/35/1 W
36.190
7064
122097.502
S O100512511 W
57.000
7065
122040.512
S 88*5413511 E
43.000
7066
122039.694
N O100512511 E
50.190
7062
122089.875
Closure Error Distance>
0.00000
Total
Distance> 196.011
Area:
2427.82SQ.FT., 0.06ACRES
Easting Station
1266039.529 0.000
1266032.850 9.630
1265996.666 45.821
1265995.582 102.821
1266038.574 145.821
1266039.529 196.011
LOT 16,
PNT#
Bearing
Distance
Northing
Easting
Station
7067
122035.448
1266051.496
0.000
N 43054/35/1
W
5.657
7068
122039.523
1266047.572
5.657
N 88054/35/1
W
9.000
7066
122039.694
1266038.574
14.657
N 88054/35/1
W
43.000
7065
122040.512
1265995.582
57.657
S O100512511
W
37.000
7069
122003.519
1265994.878
94.657
S 88054,3511
E
52.000
7070
122002.530
1266046.868
146.657
N 46005,2511
E
5.657
7071
122006.453
1266050.944
152.314
N O100512511
E
29.000
7067
122035.448
1266051.496
181.314
Closure Error Distance>
0.00000
Total
Distance> 181.314
Area:
2056.00SQ.FT.,
0.05ACRES
TRACT
A,
PNT#
Bearing
Distance
Northing
Easting
Station
7037
121907.218
1266061.890
0.000
S
88'54135"
E
40.505
7036
121906.447
1266102.387
40.505
N
O1006108"
E
64.000
7045
121970.435
1266103.619
104.505
N
88054135"
W
40.518
7044
121971.206
1266063.108
145.023
N
O1°05125"
E
51.596
7043
122022.792
1266064.089
196.619
N
O1005,25"
E
32.407
7050
122055.193
1266064.706
229.026
N
88054135"
W
3.893
7049
122055.267
1266060.814
232.918
N
47°16134"
W
12.977
7048
122064.072
1266051.281
245.895
N
01'05125"
E
34.379
7047
122098.444
1266051.935
280.274
N
O1005125"
E
29.582
7054
122128.021
1266052.498
309.855
N
46°05125"
E
10.491
7053
122135.296
1266060.057
320.347
N
43'51141"
W
7.100
7057
122140.416
1266055.137
327.447
S
46005125"
W
16.290
7061
122129.119
1266043.401
343.737
N
88°54135"
W
46.124
7060
122129.996
1265997.285
389.861
S
01°05125"
W
32.500
7064
122097.502
1265996.666
422.361
S
88054135"
E
36.190
7063
122096.813
1266032.850
458.552
S
43*54135"
E
9.630
7062
122089.875
1266039.529
468.182
S
O1005125"
W
50.190
7066
122039.694
1266038.574
518.372
S
88°54135"
E
9.000
7068
122039.523
1266047.572
527.372
S
43°54135"
E
5.657
7067
122035.448
1266051.496
533.029
S
O1005125"
W
29.000
7071
122006.453
1266050.944
562.029
S
46005125"
W
5.657
7070
122002.530
1266046.868
567.686
N
88054135"
W
52.000
7069
122003.519
1265994.878
619.686
S
O1005125"
W
430.548
7072
121573.050
1265986.685
1050.234
S
88°54135"
E
0.999
7073
121573.031
1265987.684
1051.233
Radius:
25.000
Length: 39.270
Chord: 35.355 Delta: 90000100"
Chord BRG: S 43°54135" E Rad-In: S 01005125"
W Rad-Out:
N 88054135" W
Radius
Pt: 7074 121548.035,1265987.208
Tangent: 25.000 Dir: Right
Tangent -In: S 88054135"
E Tangent -Out: S O1005125"
W Tangential -In
Tangential
-Out
7075
121547.559
1266012.204
1090.503
S
01005125"
W
11.635
7076
121535.927
1266011.982
1102.137
S
88054'35"
E
9.268
7077
121535.750
1266021.248
1111.405
S
88054'35"
E
31.118
7012
121535.158
1266052.361
1142.523
N
45011152"
W
14.692
7011
121545.512
1266041.936
1157.216
N
01005125"
E
33.847
7010
121579.352
1266042.580
1191.063
N
01005125"
E
28.600
7017
121607.947
1266043.124
1219.663
N
46005'25"
E
10.465
7016
121615.205
1266050.664
1230.128
S
88054'35"
E
5.621
7015
121615.098
1266056.283
1235.749
N
01005125"
E
51.922
7021
121667.011
1266057.272
1287.671
N
46°05125"
E
0.304
7020
121667.221
1266057.490
1287.974
N
01005125"
E
42.406
7025
121709.619
1266058.297
1330.380
N
01005125"
E
50.462
7024
121760.072
1266059.257
1380.842
N
01005125"
E
0.000
7031
121760.072
1266059.257
1380.842
N
43054135"
W
17.936
7030
121772.994
1266046.819
1398.777
N
01005125"
E
25.318
7029
121798.307
1266047.300
1424.095
N
01005125"
E
29.800
7035
121828.101
1266047.868
1453.895
N
46005125"
E
8.768
7034
121834.182
1266054.184
1462.663
S
88°54'35"
E
6.314
7033
121834.062
1266060.497
1468.977
N
01005'25"
E
24.576
7038
121858.634
1266060.965
1493.554
N
01005125"
E
48.593
7037
121907.218
1266061.890
1542.146
Closure Error Distance> 0.00000
Total
Distance> 1542.146
Area:
35511.50SQ.FT.,
0.82ACRES
TRACT B,
PNT#
Bearing
Distance
Northing
Easting
Station
7013
121534.342
1266095.227
0.000
N 88054/35/1
W
42.874
7012
121535.158
1266052.361
42.874
N 88054135/1
W
31.118
7077
121535.750
1266021.248
73.992
N 88054/35/1
W
9.268
7076
121535.927
1266011.982
83.260
S 01005125/1
W
23.415
7001
121512.517
1266011.537
106.675
S 88054/35/1
E
41.500
7000
121511.727
1266053.029
148.175
N 01005/25/1
E
5.169
7006
121516.895
1266053.128
153.344
S 88054/35/1
E
41.756
7005
121516.100
1266094.876
195.100
N 01006108/1
E
18.245
7013
121534.342
1266095.227
213.345
Closure Error Distance>
0.00000
Total
Distance> 213.345
Area:
1733.60SQ.FT., 0.04ACRES
TRACT C,
PNT#
Bearing
Distance
Northing
Easting
Station
7027
121704.815
1266098.508
0.000
N 88054/35/1 W
36.257
7026
121705.505
1266062.258
36.257
N 43054135/1 W
5.710
7025
121709.619
1266058.297
41.967
S 01005,2511 W
42.406
7020
121667.221
1266057.490
84.373
N 46005/25/1 E
6.881
7019
121671.993
1266062.447
91.253
S 88054/35/1 E
35.422
7018
121671.319
1266097.863
126.675
N 01006/08/1 E
33.502
7027
121704.815
1266098.508
160.178
Closure Error Distance>
0.00000
Total
Distance> 160.178
Area:
1369.83SQ.FT., 0.03ACRES
TRACT D,
PNT#
Bearing
Distance
Northing
7040
121852.459
N 88054/35/1
W
35.089
7039
121853.127
N 43054135/1
W
7.644
7038
121858.634
S 01005125/1
W
24.576
7033
121834.062
S 88054135/1
E
40.490
7032
121833.291
N 01006108/1
E
19.172
7040
121852.459
Closure Error Distance>
0.00000
Total
Distance> 126.970
Area:
790.89SQ.FT.,
0.02ACRES
Easting Station
1266101.348 0.000
1266066.266 35.089
1266060.965 42.732
1266060.497 67.309
1266100.980 107.798
1266101.348 126.970
TRACT E,
PNT#
Bearing
Distance
Northing
7051
122054.422
N 88°54135" W
40.536
7050
122055.193
S 01005125/1 W
32.407
7043
122022.792
N 46005125/1 E
7.644
7042
122028.093
S 88054/35/1 E
35.125
7041
122027.425
N 01006108/1 E
27.002
7051
122054.422
Closure Error Distance>
0.00000
Total
Distance> 142.714
Area:
1109.08SQ.FT., 0.03ACRES
Easting Station
1266105.235 0.000
1266064.706 40.536
1266064.089 72.943
1266069.596 80.587
1266104.715 115.712
1266105.235 142.714
TRACT X,
PNT# Bearing Distance Northing Easting Station
7076 121535.927 1266011.982 0.000
N O1005125" E 11.635
7075 121547.559 1266012.204 11.635
Radius: 25.000 Length: 39.270 Chord: 35.355 Delta: 90°00100"
Chord BRG: N 43°54135" W Rad-In: N 88054135" W Rad-Out: S O1005125" W
Radius Pt: 7074 121548.035,1265987.208 Tangent: 25.000 Dir: Left
Tangent -In: N O1005125" E Tangent -Out: N 88054135" W Tangential -In
Tangential -Out
7073 121573.031 1265987.684 50.905
N 88054135" W 0.999
7072 121573.050 1265986.685 51.904
S 01005125" W 138.620
7080 121434.455 1265984.047 190.524
Radius: 316.000 Length: 27.671 Chord: 27.662 Delta: 5'01102"
Chord BRG: N 71007118" E Rad-In: S 21023113" E Rad-Out: S 16*22111" E
Radius Pt: 7003 121140.215,1266099.282 Tangent: 13.844 Dir: Right
Tangent -In: N 68°36147" E Tangent -Out: N 73°37149" E Non Tangential -In
Non Tangential -Out
7002 121443.405 1266010.221 218.195
N 01*05125" E 69.124
7001 121512.517 1266011.537 287.319
N O1005125" E 23.415
7076 121535.927 1266011.982 310.733
Closure Error Distance> 0.00000
Total Distance> 310.733
Area: 3341.49SQ.FT., 0.08ACRES
Block 1 Total Area: 161195.19SQ.FT., 3.70ACRES
4465 4
!1 rcr s T[�``
12-17-18
t4,Laliehacren
WATER & SEWER DISTRICT
31627 1st Avenue South o P.O. Box 4249 o Federal Way, WA 98063-4249
253-941-1516 Federal Way a 253-927-2922 Tacoma ® www.lakehaven.org
December 18, 2018
James Harris
Community Development Department
City of Federal Way
33325 — 8th Avenue South
Federal Way, Washington 98003
RE: Final Plat Approval Status
Mirror Lake Highland
Lakehaven Project No. 6308003
Mr. Harris:
This letter serves as a status report to advise the Federal Way City Council on final plat
approval for the referenced project.
The water and sewer system for this project is substantially complete, and service connections
can be fully processed and activated under standard Lakehaven procedures.
Terms of the referenced agreement with Lakehaven Utility District provide for final completion
of construction of the water and sewer facilities for the project.
Please do not hesitate to contact me, if you have any questions. I may be reached by
phone at 253-945-1620 or by electronic mail at bnelson@Lakehaven.org.
Sincerely/
I N on
Engineering Technician III
c: Bill McCaffrey
ec: DE Mgr
Final Plat Ltr-SubCompl-CityFW-2016.docx (Form Rev. 1/19/16)
r�
OU T H KrNf.,�.
�ww.enrrlhhiirgBiaa.aeg
February 15, 2018
Re: Mirror Lake Highland
604 SW 312t` Street
Federal Way, WA 98023
To: Bill McCaffrey
Mr. McCaffrey,
After careful consideration and discussions with SKFR Fire Marshal, Deputy Chief Gordon Goodsell
and City of Federal Way Planning Manager Robert "Doc" Hansen, we have determined that structures
built on Lots 6 through 16 will require NFPA 13D Automatic Fire Sprinkler systems.
The Garages and Common Building will be exempt from Automatic Fire Sprinkler system.
If you hV(v'e further questions please feel free to contact me.
Deputy Fire Marshal
South King Fire and Rescue
253-946-7243
3 16 17 1sl AVENUE SOUTH - FEDERAL WAY, WASHINGTON 98003-5201
Sealtle: 253/946-7248 fax: 253/529-7206
An Equal Opportunlly Employer
MIRROR LAKE HIGHLAND
LOT #
ADDRESS
RANGES
1
31116 - 6th Lane Southwest
31114 - 6th Lane Southwest
31110 - 6th Lane Southwest
31106 - 6th Lane Southwest
31100 - 6th Lane Southwest
31024 - 6th Lane Southwest
No Ranges
2
No Ranges
3
No Ranges
4
No Ranges
No Ranges
5
6
No Ranges
No Ranges
7
31018 - 6th Lane Southwest
8
31014 - 6tt' Lane Southwest
No Ranges
9
31008 - 6th Lane Southwest
30926 - 6th Lane Southwest
30922 - 6th Lane Southwest
30914 - 6th Lane Southwest
No Ranges
10
No Ranges
11
12
No Ranges
No Ranges
13
30910 - 6th Lane Southwest
No Ranges
14
30913 - 6th Lane Southwest
30921 - 6th Lane Southwest
30925 - 6th Lane Southwest
No Ranges
15
No Ranges
16
No Ranges
C:\Users\limh\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.OutlookUUSXW35X\3418871073.DOC
S-T-R NE 07-21-04, K713/G33
Final 01 /08/09
MIRROR LAKE HIGHLAND
SW 114 OF THE NE 114 OF SECTION 7, T 21 N, R 4E, W.M.
CITY OF FEDERAL WAY, KING COUNTY, WA
DEDICATION
KNOW ALL PECPLE Rr Th]:SE PIRC90 i3 THAT WE. THE UHOERSI[JRED ONNERS 9F FTTEREST IN TKE LAND 1,15m
vullolNOEO, YIERM DEM RE THIS PLAT TO OE THC GRAPHIC FFA'AE"NVAT. W THE .1mm 9914M WAGE HEmf.,
Aip 9O H,ra DEDICATE 10 1I� M+E OF THE WIIIC FOREVER ALL STREETS AHD AYDNES.1 SHDWH AS
RRtVA_ MFRCpN AND OCDIux[ 7NE Ifi TNQREAF YGR ALL PUBUC PURPOSES HOT PICONSS7E%T MI}II THE USE
ER1.E UURON THe"LOT$ AVD TRACi3 9 �M A"D ALSO TIK RICNT TO MAKE ALL HET�SSARY URPES FOR OUTS AND
IE�EIEON 1H 1TK ORiWHA'. REASONABLE WADNE OF 5F+0 STRELT+ Ak0 AYpAIM AHD FURTHER DEDICATE TO }NE
E15C Dr 1HF PUBLTD AEL T11E EASE.VENTS AND, 1RI.�FS S11pWIT pN TWS PLAT FqR ALL
P1IBLIC pUNpO5f5 AS NNOrGATED TIIE1lEpM WIXUDTNG BUT MOT WIID76 n0 PARx3. OPEU SPACE, UTILITIES AND
o WCA Ek5EXEXTSm AN �[ TIC N yYw Rly 9H1$ PLAT AS BEING DEDICATED
OTHER CFSr *r DO 1FERERY OCOGAFE ANO CONVEY SUCH.YREFEI; CASEMENI3� L6[ TRACTS 10 THE PERSON DA ENTITY
IDENTIFIED AND FOR TIE PURPOSE STATED,
FUREFM 111E WIOERWKD &WXE?S OF THE L" HE1#BY SFIBDWN=. WANYE AND RELEASE YOR THEJH=VES.
THEIR HEFTS AND ASSIGNS AND AM PERSON OR fRTTFY DERIYP 'TILE FROM THE UNDERSIGNED. ANY AND ALL
CLAUS FOR. DAMAOES AGAIN51 711E 111V OF FEDERAL WAS SW Y, IT-3 AND ASSIGNS IWK H MAY BE
OCFA5101teD OT TO; 0
E9GII, ESTABEISHMEHT.
COhSTTRIC"0" OPERAlTOl4
MAINTENANCE
AINTFA;yR[ TO 9PERAIE. OR WWSEMANLE Or ROAO`r AND/OR ARIUNAO[ SYSIEY 5,
T�}IE A5 OR MTI�AMIA1NAFd DR OLTENTNCH AFfA.Co� A% OR SUB SDRt'ACE TfATEN FLAWS Ml1HIH
uE96rrt6 TD RECEIVE ON AT;TUALLr REr+DwNHo DRAINAGE FRGM TINE sMeDlwSors AND, THE cYrr OF FEDERAL WAYS
F N APPROVAL T OFLiFS AND, PERMITS CTR SAN!C OTHER THAN CLAIMS AESULTRiG FAOY R/ADEpMAT[
AINTENANCE BY THE CITY OF FEDERAL WAY.
FWnnFER. THE uHDERsxrHEo pN+aRB � THE LAIm INEREBY WODIVIDED. ACKE KOH THEM5ELVM nTEIR HUTS AND
ASSIOHS 10 NDDMYY, HOLO HMMERL ARID, DEFEND THE OTY OF FEDERAL WAY, ITS SUED $OF3 AN>D.ASPOis
FROM AND Avm4t Al" DAVAOE. WCLUNAl ANY COSTS OF DEFX+<SF, CLA%NED I Y PERS[IFsa 1NDIN OR >ti HOUl
111E SUDpIIPON5 To HAVE BEEN OAVSEO OY THE OiSTDH. E$TABLISNVFNT, CO`rSTRUCTNIR, OPFRATIO}T, FAHLURE 10
WvIATE. OR MARIlflmm DF RDAOS AND/OR
OAAM<AGE STSTTIA5, ALIEAATRONS OF THE CTtWNNO WRFACS, VCCETATIM, pRAINADT: OR WAFACE OR SLIIJ R FACE
%EATER FLQM5 W"M THE 91ROY1'�OFTS OR MITHW ANY DRARTAUt DR 6EIOITTOM FACILITIES DEALR[D To RECEIVE
OR ACTUALLY REOEIYNI6 DRANADE FROM 117E AlBIXV15NON5 ANO TNC CITY OF FEDERAL WAY'S REMEW AllQ
APPROVAL cF PLATu FAG pFJSMIrS FOR SAYE. PROVIDED. TN$ WAVER AND IWEYIRF 110" SNALL 1TDT RE
CONSYp. AS RELEASING THE CITY OF FEDERAL WAY.
ITS SUCCESSORS OR ASSIGNS, FROM 1,M01ITY FOR I)WAGES, INCLUDING THE COST OF DEFENSE, RESULTING FROM
AND TO THE EXTENT OF THE SOLE NCOLMENC£ OF THE CITY OF FEDERAL WAY, ITS SUCCESSORS, OR ASSIGNS.
THIS SUBDIVISION, DEDICATION, RELEASE, INDEMNIFICATION OF CLAIMS. AND AGREEMENT TO HOLD HARMLESS IS MADE
WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF SAID OWNERS.
IN WITNESS WHEREOF WE SET OUR HANDS AND SEALS
MIRROR LAKE HIGHLAND, LLC
WILUAM J MCCAFFREY. MANAGER
ACKNOWLEDGMENTS
STATE OF WASHINGTON
� SS
COUNTY OF KING j
ON THIS DAY PERSONALLY APPEARED BEFORE ME
OF riuT III THE
a1FWl A1T0 FWQOpTIEN 49iIRUTIF,Nl1 AND ACF7RO�TIOG[O SAID Rt51RUYEAi TO BE THE FREE
AHO LAN,
f ACi ANG Of SAID DORPOR.V110H FOR THE PUR705ES TIFIMEM MENTIONED
AND, ON OATH 9:FATEp THAT THE: MERE, AIUIHORIEDD TO EXECUTE $AID .w µti.NT.
GIVEN UNDER MY HAND AND OFFICIAL SEAL THIS _ DAY OF 20
NOTARY PUBLIC
RESIDING Rf
MY COMMISSION EXPIRES
RECORDING CERTIFICATE
RECORDING NO -
FILED FOR RECORD THIS —DAY OF . 20_,
IN BOOKOF PLATS AT PAGE —AT THE REQUEST OF MIRROR LAKE HIGHLAND, LLC
MANAGER
SUPERINTENDENT OF RECORDS
APPROVALS
DEPARTMENT OF PUBLIC WORKS
EXAMINED AND APPROVED THIS _ DAY OF . 20_
DIRECTOR OF PUBLIC WORKS DATE
EXAMINED AND APPROVED THIS _DAY OF 20=
DEPARTMENT OF COMMUNITY DEVELOPMENT
EXAMINED AND APPROVED THIS _ DAY OF . 20_
DIRECTOR OF COMMUNITY DEVELOPMENT DATE
FEDERAL WAY CITY COUNCIL
EXAMINED AND APPROVED THIS —DAY OF . ZG—•
MAYOR
KING COUNTY FINANCE DIVISION CERTIFICATE
I HICRE Y CERWY THAT ALL PRCrERTY rAY,Es ARE PM THAT WERE ARE Na DEHNQUENl
-&MAL ASSE5A#)ATS CERTVIEC TO UY5 OFFIEE FOR COLLECTION AM THAT ALL SKOAL
�1'$ pER1Y1E0 TO TMS OFHT!{ FOR CDIILCTGH W AHY OF THE FRIOMrif
nN>:REW Cq�11TA , oEDIMY SAS STREETS, ALIi'YS UH i51Y OTMER PUBLIC USE. AK
MANAGER. FINANCE DIVISION cmil
KING COUNTYDEPARTMENT Df ASSESSMENTS
EXAMINED AND APPROVED THIS —DAY OF . 20—.
KING COUNTY ASSESSOR DEPUTY KING COUNTY ASSESSOR
ACCOUNT
LAND SURVEYOR'S CERTIFICATE
TM MAP CBpU%CTLY REPRESENTS A SURVEY WOE BY ME OR UNEEF
WY DIRECTION M CO16ORMARCE VAIN THE f4al"N""ll OF IHC
SNp1YEV RECDROWG ACT AT OK wCouEsi OF NLL MDE}TiREY
0, 7IR3 DAY OF YO—
AnsxN" ¢
• LIE7�
EVAN MARK WANLSTROM, LS#44651 DP 10104120
RESIJBMI17ED
�, 015
DEC , r 2018
GF Y OF PLOERAL WAY
CQMMUNfTY DEVELOPMENTCITY OF FEDERAL WAY FILE NO. 18-104198-00-SU
MIRROR LAKE HIGHLAND
SW 114 OF THE NE 114 OF SECTION 7, T 21 N, R 4E, W.M.
CITY OF FEDERAL WAY, KING COUNTY, WA
LEGAL DESCRIPTION CLATANDOGi 6j29-11]7BY AWUARULYGUARANTY COMPANY,
NTEE
PARCEL A: (9024)
THAT PORTION OF THE EAST HAY. OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORRS.AST QUARTER
OF SECTION 7. TOWNSHIP 21 NWTIA RAHM 4 EAST. W.M., IN KING COUNTY, DESCRIBED AS FOLLGM
DEOWO4FIG AT A POINT ON me CAST IAI: OF A PRIVATE ROAR. SAID r"T BEIW IPE FEET SOUTH OF THE NORTH
UNE ±lF SAID SIIDMYWON AND ROB FEET WEST OF THC EAST L➢iC OF SAO SUBDINSKRY,
TN....... SOUTH ALONG THE EAST LAZE OF SAID PIRVA" ROM, A DWANCE OF T7 FEET;
V WKE CAST TDO FEET TD VOERSEOT WC EAST UIIE Of SW 9MVISCH AT A POINT 010 FEET SOUTH OF THE
NORTHEAST CORNER THEREOF;
THENCE SOUTH ALONG THE EAST LINE OF SAID SUBDIVISION TO THE SOUTH LINE OF THE COUNTY ROAD;
THENCE WEST 1W0 FEET W SHE EAST LY<E IN A PIDWATL ROAC;
mCACE SOUR, AlON6 THE [ASI LANE OF SAID IP A1E ROAR lO THE SWW RARE OF SAID SDBpY1S10k
THENCE MST 10 FEET ID THE EAST L*X OF IRE WEST 9S'0 FEET OF THE CAST WOF THE HEST N,yj OF THE
SOMmmm QUILSTER OF THE NORTHEAST QVm7CR` Cr SAO OECIION T;
mEHGE N KOHG SAM EAST LINE M A POINT 35 FCET SOIRH W THE RORTI LINE OF THE SWUMEST
QUARTER OF SAID NORTHEAST QUARTER
THENCE EAST 10 FEET TO THE PANT OF BEGINNING;
EXCEPT THE NORTH 82 FEET THEREOF;
AND EXCEPT COUNTY ROAD (SOUTHWEST 312TH STREET);
AND EXCEPT THAT PORTION THFJICOF CONVEYED TO 9DPW A. MCNEIL BY QUIT CLAIM DEED DATED JUNE 16. 2001,
RECORDED JUNE 19. 2001. LNOER RECORDAVC NO. 20010S100002',1t
TOGETHER WITH A PERPETUAL EASEMENT FOR INGRESS AND EGRESS OVER THE FOLLOWING DESCRIBED LAND:
A STRIP OF LAND 20 FEET IN WIDTH LYING 10 FEET ALONG EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BBGWNRG AT A PGMT ON THE NORTH LINE OF THE 80OOTNLST QVARrM OF TOE NORTHEAST QUARTER OF SECTION
7, TVA S41P 21 NORTH. RANGE 4 FAST, W..AL, INXOI,L GOMM. WAS,"TCK FROM TDAGH POINT ON THE
NONYNUCST CORNER T IDW BEARS MORN 119'1Y1T- NW. A QFSTANICE OF 439.51 FEET,
THENCE SOUTH 0,*04'5B' WEST, 967.31 FEET;
THENCE SOUTH 65SSrOY EAST. 110.34 FEET;
THENCE SOUTH 011WV5Y WEST, 145.16 FEET TO THE NORTH MARGIN OF THE COUNTY ROAD KNOWN AS SOUTH
312TH STREET;
TOGETHER WITH AN ACCESS EASEMENT AS SET FORTH IN INSTRUMENT RECORDED JUNE 19. 20D1 UNDER RECORDING
NO 20D10619000739;
SITUATE IN THE CITY OF FEDERAL WAY, COUNTY OF KING, STATE OF WASHINGTON
PARCEL B: (9109)
THAT PORTION OF THE EAST HALF OF ME 1157 HALF OF IRE SOUTR VICV QUARTER OF THE NORTHEAST QUARTER
OF SECTION 7, TOWNSHIP 21 NORM RANGE 4 EAST DESCRBCD AS FOULONS:
BEGINNING ON THE EAST LINE OF SAID SUBDIVISION AT A POINT 525-00 FEET SOUTH OF THE NORTHEAST CORNER
THEREOF;
THENCE SOUTH ALONG SAID EAST UNE 175.00 FEET;
THENCE WEST 100 FEET TO THE EAST UNE OF A PRIVATE ROAD;
THENCE NORTH ALONG SAID EAST UNE 175 FEET TO A POINT WEST OF THE POINT OF BEGINNING;
THENCE EAST 100 FEET TO THE POINT OF BEGINNING;
SITUATE IN THE CITY OF FEDERAL WAY, COUNTY OF KING, STATE OF WASHINGTON-
PARCEL C: (9110)
THAT PORTION OF THE EAST HALF OF THE WEST NALF OF THE SOUTHVF$T CIUAATIDI OF THE *MTIE AST QUARTER
OF SECTION 7. TOWNSHIP 21 NORTH. RAIRM 4 EAST, W.M.. IN KING COUNTY. W &SHMOTON. DESCRIBED AS FOLOWS:
BEGINNING AT A POINT 7GO FEET SOUTH OF THE NORTHEAST CORNER OF SAID SUBDIVISION;
THENCE SOUTH 70 FEET;
THENCE WEST 100 FEET;
THENCE NORTH 70 FEET;
THENCE EAST 100 FEET TO THE TRUE POINT OF BEGINNING;
SITUATE IN THE CITY OF FEDERAL WAY, COUNTY OF KING, STATE OF WASHINGTON
PARCEL D:(9111)
THAT PORTION OF THE EAST HALF OF THE WEST HALF OF THE SOUTHWEST OUMTER OF THE NORTHEAST QUARTER
OF SECTION 7, TOWNSHIP 21 NORM RANCE A FAST, W.M. IN KING COUNTY, WASNNGTON. DESCRRBED AS FOLLOWS:
BEGINNING AT A POINT 770 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SUBDIVISION;
THENCE SOUTH 140 FEET;
THENCE WEST 100 FEET;
THENCE NORTH 140 FEET;
THENCE (AST 100 FEET TO THE TRUE POINT OF BEGINNING;
SITUATE IN THE CITY OF FEDERAL WAY, COUNTY OF KING
PARCEL E: (9114)
THAT PORTION W THE EAST HALF OF THE WEST HALF OF THE SOUmWES7 QUARTER OF THE NORTHEAST QUARTER
OF SECTION 7, TO&VSHIP 21 NORTH, RANGE 4 EAST, W. M-, IN 111; 1C0.RITY, WASHANGTON, DESCRBED AS EOLLM:
BEGINNING AT A POINT 420 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SUBDIVISION;
THENCE SOUTH 105 FEET;
THENCE WEST 100 FEET;
THENCE NORTH 105 FEET;
THENCE EAST 100 FEET TO THE TRUE POINT OF BEGINNING
SITUATE IN THE CITY OF FEDERAL WAY, COUNTY OF KING, STATE OF WASHINGTON
SUBDIVISION NOTES
1) USE OF TRACTS AND LOTS ARE FMRTHER OEFKD IN THE COVENANTS, CONDITIONS AND RESTRICTIONS GOVERNING
THIS COTTAGE SUBDIVISION, FILED MNOFN RECORDING NO-
2) BUILDINGS ON LOTS 5 THROUGH 16 WILL REWIRE NFPA 13D AUTOMATIC FIRE SPRINKLER SYSTEMS
3) THIS SUBDIVISION CONTAINS 1.B5 ACRES i. PRIOR TO CREATION OF ANY LOTS, TRACTS. OR OTHER DEDICATIONS-
4) THE MIRROR LAKE HIGHLAND PLAT 15 A COTTAGE HOUSING DEMONSTRATION PRONECT AUTHORIZED BY THE
FEDERAL WAY CPIV COUNCIL AS (HIS IS A OEuMMATION PROJECT, SEVOM OY THE RS 7.2 ZONING
STANDAAOS ARE UMOUF: 10 TIE CW7AE NDUW G OEV5LCOMENT. THE INCIAOMAE LOTS SHALL BE DEVELOPED IN
GEHIL RAL 03"PUANCE YATN WATRIID SEMAD LOT COVERAGE AND FACADE DIL" AS DEPICTED ON THE
FiLi4A1NF PTIWMINANY PLARS µ%ROT LAKE /POR+NAO C'bTTA({ AG m"G RNb AREAS ANO SITE COVERAGE
OA FA 9KFT' A-1H, ARID RAF-TLNVARI' EIEVATIDV (/�`IS 9fF£i'1 A-4-A-11 BY THE WJM STUDIO, DATE
1R/21/FWG'. UN YEE YRTX DlE p1T OF iEDFWAL WAY UNDER FlLE NO. 16-1 D4198-SU-
5) ATFORBAaE HOUSING LOTS- LOTS 7 AM TS ARE OESIONATEO AS AMMQ LE HWSHG LOIS PER CITY OF
FEDERAINC LA FORCAg1,[ HOUSING SALES COV[N . AS APPROWD By THE I E CTY, SHAkt.BE M FORGE FaR 1CHAPTER %kM 5 SO.
YEARS
FROM INITIAL OCCUPANCY -
SECTION DETAIL
SG18 1-�
706q !LL'AZ 0 TOW JVIRI P X $7 A $
WIC au ye Ala
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6•A!6' yyy
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F81 AK'Sw 4.17-
W N OV8,02' w ZM63-
f17-2007
MFRLR LAKE
CITY OF FEDERAL WAY FILE NO. 18-104198-00-SU
informed land survey INDO(DATA:
`"jWA� SW V14 OFTHE NE 114 OFSECT)ON 7. T21N, R4E, IYAP., KING COUNTY, WA SHT.P "980137 MIRROR LAKE HIGHLAND BILL MCCAFFREY 2
Ph..253-627-2070 604 312TH ST SW
FEDERAL 'JAY. WA OF
_ .2 0 DA
A Y SUM EVPK . MAPPRiG.LPNSTR 1 Z W LAYO jI TE iz,1 mid ,I 0:'1 rwc
Aw.l7oen MCCAW-170817, PLAT 8
MIRROR LAKE HIGHLAND
SW 114 OF THE NE 114 OF SECTION 7, T21 N, R 4E, W.M.
CITY OF FEDERAL WAY, KING COUNTY, WA
TRACT NOTES
TRACT A:
WGRESS. EORIMS. PNIKWDC GLRkDES, DAMWZt FACILITIM UDMTFM OPEN SPACE "M COMMON$
MIXOING TMO 5 ESTA6LISHEC FOR THE BENEDT OF THC OWNERS OF LOT 1 THRODDII 16. ALL
[QWCW'AN[ES LH LOTS W Ili PLAT MU$T CONTAIN A 1 16 JOOII OWNF�.%M WTMST IM TRJCI A
FDR ONINERSHm ANO LIARNTETYDNT.Y IRIRPO:ES. SHf OF MARd1ETUNCF, REPAIM OR
RCL[T15TRLIE. Of TI{CSC Lli11EN15 USED W COMMON 9W.L RE BORNE W EOLNL SIWeE�+. TRACT
A SMµL NOT DE FuRNIER 5118DAADW. MAY NOT BE OENELOPED WIFIT AYT ADp1110AaAL OUNLDw05 OR
("HER STRMCDAn EXCEPT AS MAY % APPROVED BY THE CITY TOR REC/TEATIONAL PURPOSES OINLT
FDA NE MCNIFFFT OF PIE NoMEOR11ER6. AND MAY NOF DE USEp rOR FRLMNCIAE CAN, I1E
CCVERN.HT5 KRFIH SHALL RUN WRH THE LAND +MID SHALL IOREYER BE DA{pI UPON ALL PARTIES,
THEIR HEIRS, SUCCESSORS AND ASSIGNS-
DP0WOU$ ASPHALT
HCO PEB4PERYIHEA 1111 CIIOQ"&Ill-MLNT��OailPl�.i SYSTEM AN➢ M1.5T DE
LRAC WN T11E pECL,1RAl10N OF
COWETNAIAT TIOR MUMEN ACE AHD VIRT01" OF ROW CONTROL UJIA'S, RECIM"'
ANO THE CCARIS. R[LORGKaG i
111E CITY SHALL HAVE O[ MCM TO ENTFIL INSPECT. AND RCPM THE PERVIOUS PAYEMMF, AT THE
:xPE175E Di T1R UWHpq IG M PAVEMENT 15 NDY %QDNWNEO W A FUHCIgNING MAPNC*
APpgpVAL FROM T14 1,T11' OF MDCRIL WAY FLeW WOSMS DIRECTOR MUST UE oaTANEB PRIOR TO
REMOVAL OF THE PERVIOUS PAVEMENT,
TWO SEPARATE -EASEMENT AAFIS'APE DEFINED WITHIN TRACT A TO DESIGNATE THE SPECIM U30
ALLOWED IN CACN AREA DHESE EASEMENT AREAS ARE SUBJECT TO ALL CONDITIONS STATED ABOVE.
F.ASELW'A' OF TRACT A- ALLOWS RKRlE55. EGRESS, UTILITIES. DMI&DE FACRIna, PDROVR
ASPHALT ROWS. OPEN PARKING AND [7/CLWW 1J�RADi TYRES. WIlN NECESSARY TO RCPAU.
RECONSTRUCF, OR MAINTAIN THESE ELCAQInS TNAE PROPFATY UWMf0l3 SVYI INVE A pO.IT D<
ENTRY FOR TINT PURPOSE, IHC PRNAIE AT.DEgi N10 UTf1J5* PpRT1Ok OF T1� ARIA $HALL REWMN
OPEN XID UNCOMMLICTED AT ALL TAIEE FOR EM940tOLV AND KINUG 5ERVA:ES VEHCLES M1471
WILL BE A AMkMWIM OF 5 GANIII;CB CdMGA1MNG 14 WTEWA PARCK SPACES. THERE "LL SE A
MAXIMUM OF 16 EXTERIOR PARKING SPACES -
EASEMENT '0' OF TRACT A- ALLOWS OPEN SPACE OPEN SPACE AUENVKS, UTI ID[6, DRAINAGE
FACILTDES, AND A Sw SQUARE FOOT COMMONS BID"FI 6. WHEN NNCCF`+AATFA 10 REPAAIT,
RECONSTRUCT, OR INPNAIN THESE CLCMtrftS THE PROPOW OWNERS SWELL +VNt RIGNT OF
ENTRY FOR THAT PURPOSE
THE OPEN SPACE TRACT IS TO BE OWNED IN COMMON AND MAINTAINED BY PROPERTY OWNERS OF
LOTS 1-16, AND REMOVAL OR DISTURBANCE OF VEGETATION AND LANDSCAPING WITHIN THIS TRACT
SHALL BE PROHIBITED EXCEPT AS NECESSARY FOR MANTENANCE OR REPLACEMENT OF EXISTING
PLANTINGS AND AS APPROVED BY THE CITY DEPARTMENT OF COMMUNITY DEVELOPMENT,
TRACTS B THROUGH E
TRADES g TMRDUpI C ARE PAW GARDEN TRACT$, ROW WIDENS ARE A KEY COMPOWFM OF THE
DRAMNGE SYSTEM AND AMAST BC REGDMj?LT WEO NFAINPER THE M js,YsX✓LNICE AYO INSPECTION OF
l7OW CM E BNP'S. REOGRDIND / AND THE W&Fr . lf<QWWX
r
THE COST m MWEWIX:E. RP'MRS OR RECONSIRUCTION OF MT PORTION OF THE FBRM SYSTEM
OCM6Tp{L`T [ STORM SYS1C14 THE OWNERS SHALL 1Wi THE RIGHTTRY FOR THAT
SK%LL BE DORNC IN FQVIL MAAW.S APO WHEN NECESSARY TO EAN OR
PUNFPOSE• THE CTh' SHALL 1MVE THESE SNAE Rlplls 10 LATER AND RCPAN THE PANDARDENS, AS
INC EAY�EtA9E OF THE OWNERS. B' THE RUNCANDERS ARE NOT AMANTA#!fD Y1 A NNCT101A!!C
w,sNER. 111E REMOVAL OR DSTUAWACE OF VEOETATKW AND MAIaSGPM WRIMN OESE TRACTS,
'=", AS N♦FCE95ARY FOR KMRDEINAHCE QR REPLWAVEM OF EXISTN I3 PLANTINGS MO AS
APPROVED BY THE CITY, IS PROHIBITED.
TRACT X
TRACT X TS A PRIVATE Ym1E$/E0RC35 AM UTcw T✓AIICT ALL CONNTETANCES DF LOTS AN THIS
PLAT MUST COERMN A 1/16 jwd b wS%s; WP MMRESY IN TRACT A FOR OWNERSHIP AMP
NARttENMNCE PLIRPCM rNE COST DE MAWETPMlFCE. REPAINT. DR REL'ONSTRUCLW7NN OF THESE
EL[AElI:S MSW Pr COANMONF SHAVL IE 90RIR" PN EQUAL SHMES.
OWNERS NENEW COVQLNWS AND AWY-'L TOR ITSELF- W5 SUGC S, AND NS.
so DEWAiE TR4CT -Nr 10 THE CITY Or FEDERAL WAY FOR RFQ1rt-OF_1µr AHO YTTFET PYAPOWS
AT LOOM TIME As THE CRY OLYPIU on W RS oRCknow TINT P61CT 'X' i4 ACED rOR THESE
PVAPMM A STATUTORY WIWRANh' DEW IN A FORM ACCEMAHLF, TO THE MY AND CONVEYING
TWIT oX, 10 THE CITY S7w1 RE EXECUFED !n THE G AAYTOR, FF9 SDI. Gftaa s. OR
ASSIGNS, AND SHALL BE DELIVERED TO THE CRY UPON DEMAND -
EASEMENTS AND EXCEPTIONS
1. CASEMENT GRANTED TO PACIFIC NORTHMsST 6ELL TELEPHONE COMPANY, A WASHINGTON CORPORATION. AS MORE
FULLY SET FOWN IN THE DOCUMENT RECORDED AS INSTRUMENT NO. 5322BB7.
(NOT SHOWN ON SURVEY, BLANKET IN NATURE)
2, EASEMENT AND THE TERMS AND CONDITIONS RIEREW.
GRANTEE: LAKEHAVEN SETTER 06TRFOT, A MUMIDPAL CORPORATION
PURPOSE: SEWER MAINS
AREA AFFECTED: A PORTION OF PARCEL A OF A PORTION OF SAID PREMISES
RECORDED: JUNE 14, 1970
RECORDING Na: 7805140099
(NOT SHOWN ON SURVEY, ADJACENT TO LAKE)
3, EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
PURPOSE: LAKE ACCESS
AREA AFFECTED: A FWTRXN OF PARCEL A OF A PORTION OF SAID PREMISES
RECOR06E6 N0. 2001061R000739
(NOT dSH ON SIAY(Y, fA5EMMT IS SOUTH OF SW 312TH ST)
4. SELLERS NOTICE OF ON -SITE SEWAGE SYSTEM OPERATION AND MAINTENANCE REQUIREMENTS IMPOSED BY
WSTRUMENT RECORDED. UNDEII RECORDING NO. 2OMOW11001839.
(COVERS PARCEL A)
(NOT SHOWN ON SURVEY, AFFECTS PARCEL A)
5, MEMORANDUM OF AGREEMENT AND THE TERMS AND CONDITIONS THEREOF:
RECORDED: APRIL 12. 2007
RECORDING NO.: 20070412000601
REGAMeWYa BOUNDNIY LINE AOJUSILADM
OWF VIID'Mi ON SURREY, AFTEMS PAFXbS A.B.C. AND D)
6, QUITCLAIM DEEDS CLEARING TITLE RE ACCESS RIGHTS AND THE TERMS AND CONDITIONS THEREOF:
RECORDED: APRIL 12. NOON
RECORDING NO.: 20D7O41200%" 20070412000603 AND 201)70E12000604,
REGARDING: DENIES Rp11S OF ACCESS AND EASEMENTS AS S"FMW HEREIN
(NOT SHOWN ON SURVEY, AFFECTS PARCEL A)
7. LACK OF A RECORDED MEANS OF INGRESS AND EGRESS TO A PUBLIC ROAD FROM THE LAND.
(COVERS: PARCELS B. C. D AND E)
(CANT BE SHOWN ON SURVEY)
B. EASEMENT AGREEMENTS AND THE TERMS AND CONDITIONS THEREOF:
RECORDED: NOVEMBER B. 2007
RECORDING NOS, 20071100001180, 20071108001181, 20071109001192, 2007110BOD1183, 200711OBDO1184,
20071108001185. AND 2007900111DOIT85
REGARDING: USE OF THE WESTERLY PORTION OF PARCEL A
(SHOWN ON SURVEY, AFFECTS PARCELS A,B,C.D, AND E.
9. EASENENI CRWNFEC 10 P'UOET SQU,q EHERMT RIG.. A WASHIICIDN CORPORAMO, AS MORE FULLY SET FORTH
W THE COMMENT AIECORDEO AS INSTRUMENT A10, 701Tw2TOD02H.
(NOT 6HOV94 ON SUIMY, EASEMENT IS 10 FEET IN 1WOMK BEING D FIST ON EACR SIDE OF THE CONSTRUCTED
UNE)
CITY OF FEDERAL WAY FILE NO 16-104198-00-SU
informed land survey INDO(DATA:
� t1Alf � SW 1/4 OFTHE NE 1/4 OF SECTION 7. TZIN, fl4E, W.M., KING COUNTY, WA F
rya , P�B°�G37 MIRROR LAKE HIGHLAND BILL MCCAFFfiEY
Pho.. 25.1627-2070 604 312TH ST SW
FEDERAL WAY WA OF
'4�► ` ' ,. °w'E0 so ,� cw.,,,,, o„ MCCAW-170817, PLAT 8 ,
LINE TABLE
RROR LAKE HIGHLAND
SW 114 OF THE NE 114 OF SECTION 7, T 21 N, R 4E, W.M.
CITY OF FEDERAL WAY, KING COUNTY, WA wTrH VNE SHEET 5
�q L16 N L6-S�',35" W 35,Q.
ADDRESSES
LOT ADDRESS
3 L27
9
1 J1116 - GTH LANE SOUTHWEST
o
is
2 31114 - 6TH LANE SOUTHWEST
I
I
3 31110 - 6TH LANE SOUTHWEST
z
n
n
LOT 5
4 31106 - 6TH LANE SOUTHWEST
Q a
I
#
3
5 31100 - 61H LANE SOUTHWEST
6 31024 - 6TH LANE SOUTHWEST
Q F
E%5TW0
URYE
2,2953 IF
7 31016 - 6TH LANE SOUTHWEST
B 31014 - 6TH LANE SOUTHWEST
w a4
I
9 31005 - 6TH LANE SOUTHWEST
Q y ri
Y
10 3092- 6TH LANE SOUTHWEST
I 0' G
H n w
wt
1
a I I
11 30921 - 6TH LANE SOUTHWEST
12 30914 - 6TH LANE SOUTHWEST
13 30910 - 6TH LANE SOUTHWEST
L26
Y
I
14 30913 - 61H LANE SOUTHWEST
L J
15 30921 - 61H LANE SOUTHWEST
_
40-49"
16 30925 - 6TH LANE SOUTHWEST
3
N s6'S4']5� W 4G 11"
ca
5,0' EASEMENT NR
1I... W
NI
I LOT 4 lb
REFERENCES 20071 0000 00
REFERENCES
I
L2
g I 1,699} IF
1) ROS BY AHR, AFN 9406270305
2) PLAT OF HOWEµ 4DDITION. AFN 252a
3) ROS BY SIEPAH k A=.. WC. AFN 6504130132
-L22 �
F
N arSAW W
4) ROS BY A550HATES LAND SURVEYING, t-u 200012145005
L46 (a
i
53 50_
n+
m r
BASIS OF BEARINGS
of
M
LOT 3 x
WASHINGTON STATE PLANE. NORTH ZONE, NAD
I
I 2.3003 IF
I
AIJ/gt BASED 4N AKN'"w5 ARM ON SW
]T$7N IT AT LYrMr Il ARS a !Rr AVE
IST AYE BEARING N agwo2" W.
...
SA
y'
927'
]T.SY 4267'
LEGEND
s A1694.35 E 1321'
• SET 1/2" REBAR h GAP EMW LS 644651 (DATE SET _/_/_)
TRACT B _
1,7343 IF t
_ H SC54'3Y W 41.i6'
CURVE TABLE
mimllml ] L:+�iY�3rft
EFEM®E]f aa�cn7[Tna^f�
TRACT TABLE
TRACT
I OMMP SIXW
F FEET t
A
RIYIIE tNGRESS/ET73E55,UTILlrIES, PARNiNG
ORNNAGE FACR.ITIES, GARAGES. OPJ:N SPACE.
CDLILION B111LbIND, OPEN SPACE AMENITIES
5.512
CDMA4DN RAINGARDEN
C
MDN RAINGARDEN
1,370
FAMON RAIWARDEN
91
MMON NGARDEN
1,10
I(
LICURE DFOWATION PS PLDLTC RIGFr1 OF WAY
I 3.341
7x TAL TRACT ARM
43657
NET PLAT ARe'JL
36740
GROSS PLA7 AREA
90,597
OPEN SPACE
4W0 SA: 4� wvF SPAL RE"m
11,015 S.F. (EASEMENT AREA E; SEE TRACT 'A' NOTES)
+1,734 S.F. (TRACT B)
+1,371 S.F. (TRACT C)
+ 791 S.F. (TRACT D)
af_1dl Sr IK►CE p}
VOID 51F: MAIL PL''FM SPACE)
ok
FOUND SW 312TH ST BRASSIEh O
GRAPHIC SCALE 8TH AVE SW
msrrEO 4-17-2007
0 rO 20 40
I" = 20 FEET
A)/ '
4c /TAG--51�37 ff iJ7
Ph--253-627-2070
admin�Fpndsurveywm
"'/,:6 I :'.; ..=.1.RVEvrAG • LBsolac • Ea•ismDGTTJN LnYd
N W54'35" W 41 W 3
r — — —
a.3•
xN
U� a
I I
EXISTING
an
LOT 1
RESIDENCE
2,6403 IF I J
s-GD' 1
� I INCRESS,EGRESS 1
L70�
EPSEMEM F
LOTL
IF
l2,5732
el
3e1,
SW 312TH STREET
R/W FOR 312TH STREET
SHOWN PER R/W SURVEY
MAP N7-21-4-1
30.00•
FOUND aws
IN GONG O SW
� 312TH Si &
1ST A_:
VE SW
VISREO
4m7
54120' 1974.97'
1316 61' S FW!.31:' E
CITY OF FEDERAL WAY FILE NO- 16-104190-00-SU
INDMATA:
SW 1/4 OF THE NE 1/4 OFSECTION 7, i2IN, 04E, W.M_ KING LWWIN WA SHT
MIRROR LAKE HIGHLAND BILL MCCAFFREY 4
604 312TH ST SW
FEDERAL WAY. YHA OF
e'i1i��aTa 11� MCCAW-170817, PLAT 19
LINE TABLE
MIRROR LAKE HIGHLAND
SW 114 OF THE NE 114 OF SECTION 7, T 21 N, R 4E, W. M.
CITY OF FEDERAL WAY, KING COUNTY, WA
BASIS OF BEARINGS
WASHINGTON STATE PLANE NORTH ZONE. NAD
83/91 PARO ON MONUMENTS FOUND ON SW
312M $1 AT WYERSEC71ONS OF 8TH AVE &
1ST.AIC J9EMMy^ N agw,02' 1K
5.5' EASEMENT
REFERENCES
1) ROS BY AHR, AM 9QB270305
2) PLAT OF HOWELL ADDITION. AM252236
3) ROS BY STEPAN & ASSC., INC", AM 8504230132
4) ROS BY ASSOCIATES LAND SURVEYING, AM 200012145005
LEGEND
■ SET 1/2- REBAR & CAP EMW LS 944651 (DATE SET —/_/_)
CURVE TABLE
iLL3."y(1":AIJ 4:lF] C41 Lim:&1' •lLKJ 1LM
■.ti7�Uh:1�tl�•Y��3fF•10S7�f;Y.• ?YTIf-'JFT•�
TRACT TABLE
TRACI
DESCHF11*14so FEET 1:
A
PRIVATE PNGRCSS/EGRESS,6ffLME1i. PARKING
ORAINACE FACILITIES. CAS. OPEN SPACE,
COMMON gMfLO1NG. OPEN SPACE AMENITIES
5.512
COMMON RAINGARULN
1.734
C
COMMON RAI EN
1.370
COMMON OEN
"I
N RAINCAROEN
1.109
%
UTURE OEOTCATTOk AS PUBLIC R1014T DF WAY
3 341
Tony TRACT AR=
43,857
NET PLAT AR
l871O
GROSS PIAY
8O.S97
GRAPHIC SCALE
0 10 20 40
= 20 FEET
5 0' EAS
20071
6
rvl as t
FUTURE
GARAGE
3
j FIRE DEPT. EASEMENT A
jI TURN —AROUND (SEE o SHEET 3, TRACT A NOTES)
IIIf L41
n FUTURE
GARAGE
CS tlBSa'35' E A0.80"
L79 r
OLD LOT LINE (TYP)
n S II LOT 9 I a,
EXISTING
GARAGE +91 2,172} IF
c N w J
U Li
w
5 MFU'36' E 35,09
TRACT D
136J 7912 IF
L 19 t0A9'
M >f .... .. C54 35�N 46 W
OLD LOT LPR: (11P)
LOT 8 I•o
1.1111 IF I n
ma
M W N 8654'35- W
y w�
W I a G F_
v
x I LOT 7 h
3 x I 1,9333 IF
� LL35 rn w \ I
L33 A0.3S
RI I
EXISTING 9:1 LOT 6
R GARAGE o I 2.185t IF
3
u N L
LSO
3
5 d9'y4',1y' E 36.26'
Y
EXIsnNG N TRACT C
COMMON 1,370t IF
BUILDING ^
s OLD LOT UNE jRP,i
4
CITY OF FEDERAL WAY MILE NO
18-104198-00-5U
med land survey
INDIXDATA:
SW t14OFTHE NE 114OFSECTION 7, r2IN. I34E. N..M., KING COUNTY, WA
SHT.
Po6ax517
MIRROR LAKE HIGHLAND
SILL NICCAFFiiFY
5
�Ta/37
604 312TH ST SW
Phone: 153"627--2070
ad rP IOY/.Pn
FEDERAL WAY. INAI
OF
_yw4wnrg_ "
(HL+F7 D 56
LWFL1iiDkYY
MCCAW-170817, PLAT
8
DATE:0W20T6
I 'AwNa:mGU,w-17OBT7
-OLN%fT IJC'. 1001 LAWYff
.SCALE I1�
LINE TABLE
MIRROR LAKE HIGHLAND
SW 114 OF THE NE 114 OF SECTION 7, T21 N, R 4E, W.M.
CITY OF FEDERAL WAY, KING COUNTY, WA
BASIS OF BEARINGS
WASHINGTON STATE PLANE, NORTH ZONE, HAD
LLdj�f BASED QY AIPYW1MT5 FDMO ON SW
PA ST AT WTIASEGf10NS OF 6& AVE &
IST AYE BEARING N 89TI8'02" W.
REFERENCES
1) ROS BY AHR, AM 9406270305
2) PLAT OF HOWELL ADDITION, AM252236 _
3) ROS BY STEPAN & ASSG. INC. AM 8504230132 _
4) ROS BY ASSOCIATES LAND SURVEYING, AM 200012145DOS
LEGEND
• SET 1/2" REBAR & CAP EMW LS #44651 (DATE SET
CURVE TABLE
��3]�1E7�]Il�CY7>7 �fc>;frr -
TRACT TABLE
TIRZYT-
DESCRIPTION SOUARE FEE1 x
A
RNATE ]Nd:Rf55/EGRESS.iFT4R�5, PARL(INO
DRAINAGE FACLUIES. GAFACES. OPEN SPACE,
COMMON B711LT1MG, OPEN SPACE AMENRLES
5,512
B
COMMON RAINGARDEN
1,734
C
COMMON RAINGARDEN
1,370
onwon
791
E
COMMON RAINGARDEN
1,109
%
RE GEDIGATIOH AS PUa)C RIGHT OF WAY
33{1
jgFAL TRACT
i3.837
NLi PLAT AREF
38 aw
GROSS PIA, ARFA
&1547
-4
GRAPHIC SCALE
0 10 20 40
�I" - 220 FEET
L i� !1�
;MPO Ba 5137
L r5 137
Ph..253-627-2070
.d—@,-f d.-y-
1H,.fr�D
2A0' FASENVM AFN 'va
I
2007110MUlles LOT 14 n I LOT 13 I -A
r
3,040t SF I I 1,970i SF
x
L----J
L6Cxss- E
J
46.73'
:S
88'54'35" E 46.12'
a ; m ^ LOT 12
I 1,9763 SF n
Iry U W N I
I �M Ww6 $R
<�
W 5 6ksA'7S" C
5 llds.35" C 36,18' 7R 54.14`_
--1
I I
r
Ig
LOT„
, 2.2B62 SF
1
R
LOT 15 I D w, LWE (1w,) I
x.iilia tr
r S IlSs4's5• E 4 ,.AX
I v
I Leo w.Da•
43uD' 21 - TRACT E
BdyrT35' W 512D <S 1109t SF
rN -
S 8851'3]' F
IS I - LOT 16
`" I 2,0563 SF
II
1 10M Ila4 J
FN
A200 —
I
N MF54'37 rr 52.d0'
4✓l.59 LOT 10
yy
L L. a '4 2.2953 SF
EASEMENT A = I
(SEE SHEET 3,
TRACT A NOTES) I
AIATCH LINE SHEET 5 CITY OF FEDERAL WAY FILE NO. 18-104198-00-SU
INDECDATA:
SW 1/4 OFTHE NE 7;4 OFSE00N 7, T2111, R4E, W.M., KING Comm,, WA
SHT.
MIRROR LAKE HIGHLAND BILL MCCAFFHEY
6
604 312TH ST SW
FEDERAL WAY, NIA
OF
se
�rlEcxEu.rw
MCCAW-170817, PLAT
8
�_12ilrrLare
NiL: iSCGdiWT7De1r
MIRROR LAKE HIGHLAND
SW 114 OF THE NE 114 OF SECTION 7, T 21 N, R 4E, W M.
CITY OF FEDERAL WAY, KING COUNTY, WA
MATCH LINE
I— 9.0'
I
Im
I^
I<
11as'I
r—,
I
I
1
LOT 7
I
I
I
I
I
I
kl
I
I
'�1
�
LOT 6
I I
30.0
50
I
I
I
Iq_ TV
I
IN
TRACT C
I
V
a
1
o
II
LOT 5
1
21
�
ml
=f—
I
I
ml
5.0'
I
;
I
1 w
I
I
t
LOT 4
I
I
I
I
g�
I
I
I
I LOT 3
<�
I
3.77' TRACT B
x
I
A I �t
LOT 2
LOT 1 I z1
1 I
— J,O.O— J 1-5.0'
2,,9 _ UTILITY ESMT I
LAKEHAVEN WATER AND SEWER DISTRICT NOTE
M USCME,Ir M HERL7( RIKL'VC l REWNR D, DW AM PIA'ITEO TO LAA'CHWIM MIR11Y DI'IRICI ATID ITS ADLN T%
s Cr55W1S AND AS%Q.& Fon SO WND AS IT V-ML QM ANO YAINTAH THE USI ME3 iQRRE� 4 DER AND
UPON '1IE. AREA >1MDRT1 W TIM RAT Alm DE3CMD IgEN REA AS 'WATEAVE EASEMT" IKE1 AND 5A 1ARt XVT
EAKUU41" LSSE1 FD INSTALL AtNPETAPE Rd7ACL REeM AHP LIPERATt MM' ANo >SEM Uuxs AW APv0A1E1AANLES FQR
T `J>,O WI /MO or"M PAQPiRM jgornf M � THE R T Z EMTA IINN SW GSEW. AT ti HUES M
IKd Pmu PIb3NLT Pleb O. NO MARPNC WALL Rocnv Y, 1[i1CL TR%s DR STRUCDAIE DF ANY THIN s-M BE EREOTen
QR PLAIT. Ilse A 1AC ANT tXL LMTER14. BIE Plaem wTHIN THc "0DAR;S W s 14]TAId•1 ARM w 1.a<EAv nITN
SHALL SE MADE "1 TNRFE (h FEET or SW "TEA OR SE7 SORLI4Y FAQR111L5 AAC1 WE SQNrA[E cDHl DF THE
Og,UNo N111a1 Og [AM"r AREA SOU K NAINTUNDD AT TIE LLC+'ATIDR AS CWINO+ILy pGTwG rRAN10* MJR.By
AWEL5 TIUT NO Mn -0/0* SETAR 1151FEA rA ty CA APPV"-`EE DF Ayr N " SIiALL x OOISTILUQTm m
pCATEO in MANIA. DR WY WIRD F/MTY ALm10 MNDER AUOIDRITY Or QRANIOA, 'MINA OR PROXWArE 10 SW
6w5L11E NT,.If.Y#55 SUCH warAL"TN), 15 APP V" III' IRAR,SE AND 13 PI cCNrotMANCE w,I. WE WLM-OIXJ4EMT EUIRUN
Or PIE t MM4 F SEx CE WMES DETGAI' ft Dp.9a B'1 TIE *ASN,AG�. 57ATE OLPARLMEIIT OF C[di , EA,AIUOR
HER3,B E .IIRT AWELS THAT ND On4M VM" FACElIV OR APP••RTI?011 r W Any AND. INKW rn6 UTI W SERTACE
EDNNECFKNS, SNALL 9E WIiTRI1CM w LOMA V QRANIOR. W "I n T" AE`F I uR o AUWUr
c AMTDK ",w HOCE FEEI M IKAEURCD HW40MTALLY FM PARALL, AV4-M NTS, W MTICN sX
wCNEa f6.1 M AgATLO .rare y roR CRDSSNG OR PERPCLIDK11 X oAMCR:� of A+TT PDIIRQN DF THE OMMWS
FAAIUTES prMIOA AMTKNALLT QMNTS TD THE LANEHAMLT/ Un1 IIraTIm:T AHa IT: xCENrM SUCCESSWiS AIQ A=CkS
T,K 05L OF y AWIVDfAL AREA WY3IATEI.T ADAM;EMr M SLL EA$lP T AcMA A5 •WAtl oC RCOIAAED EDR 11E
CDNSTII1A,TIM. FIDM � 9OCT*4 YKI D W= AND OPEFLAl � 6Ar1 -MR OR SEWER FMPJIES -L RSE 0r SLOT
ADPIIVIAL AREA'p,ALL BE MD TD a RLA9pTsrBt; MM4N H0 8E (GTNR,= TO THE.C�, 5mcl. IMIJOUTLLT
oD,M, HE PPQpo" 1 , L7FTERED LR'W Yt TIE LATD"JTA" 1T UW D$TWI• I Ati.RTS, A,CCE.GTRS AND A59G15. IN
AM RM M RE OnER RI True S HVEK MANTOR 9 NQT C*LY TD A TI l0 PA MV CA%EMO4T GR Q-M
L4TXV oR MoNj or USE Qr PROPERTY SAB.ECT TO TIE EASEMENF THAT 11DN➢ IWAp OR UNIT M I15E of TIE
EASEMENT RIQ TS GRANTED HEREIN.
v Informed land survey
Alf
PoFpgR�137 MIRROR LAKE HIGHLAND
Phone: 253-627--2070
dmieEgliindsurveymm
`^n•1�'� `4' �°• D. 58 CHLCnf(11EiY
LH� DATe r2ll»ola ,IDaNn: MCCA{W17Q91;
71ria Al1f]RY iMY •L';•P IiG•L645 RLUCjpe LAYgTT Ia
LOT 14
LOT 13
a
t
1 LOT 12
�
~
I
I
�
I
LOT T1
I
LOT 15
i
s
E
3_4TRACT
L
LOT 10
of
I :I
I �LS:BC
I
zasa_,
I
I
of
I
F--
i
I
I a
1
1 �
I �
I a
1
1
_
�j
I
I LOT 9
5.0 I--
I-- 5 or
I
I
INC—
! 3
I
I
I
I
L3_99'
TRACT D
I ]
!
I
I
OT8
F11111L
GRAPHIC SCALE
0 15 JO 60
I" = JO FEET
CITY OF FEDERAL WAY FILE NO. 18-104198-00-SU
INDEX DATA:
SW TI! OF THE NE 114 OFSECTION 7, T21N. J74E. W.M.. KING COUMY, WA SHT.
BILL MCCAFFREY 7
604 312TH ST SW
FEDERAL WAY WA of
MCCAW-170817, PLAT e
MIRROR LAKE HIGHLAND
SW 114 OF THE NE 114 OF SECTION 7, T 21 N, R 4E, W. M.
CITY OF FEDERAL WAY, KING COUNTY, WA
MATCH UNE
0
LOT 7 LINE TABLE
ISS N 43'54'35" W
17.94'
D1•as 5 w
1'OS 5 w 5.1'
•s wA.47
ws
1
n17
¢ 9$ 4
v LOT 6 1 irks. W .s1a
TRACT C
1,37D3 SF
OPEN SPACE
_ d7A2,w
H aCl41m' W
LOT 5
LOT 4
its
sj
� LOT 3
g o
V;
;���,
3l.ls•
a
S -0a's4 3] E 61.7E
- OPEN TRACT 6
o
SPACE 1,734t SF t,,76'
N
r
N aKSA Ss" w
U
1
LOT 2
LOT 1
CURVE TABLE
Tt311E�H�!< .. !tly I :i3.i•_.-Cf+l[� :•�lAii:•Il:l
EWE=lixx����.���� o�r
��1:}S�S1AiT:^�•_•]E�tii}]iL�li Ci31C�41tF �GII�'=�
a
LOT 14 J LOT 13
# S 6a'S4'3W E 46.12'
TRACT A
LOT 12
ry OPEN SPACE
36 l o'
�+
fl
g
LOT 11
LOT 15 h
sa' s•
TRACT E
1
,109i SF
OPEN SPACE
LOT 16
tiza
s a6sv 3a
nza
r E
W
LOT 10
3
olx
S
�
OPEN SPACE
L44
¢ µ1
U
F
3
LOT 9
yl
S 822' E
j
TRACT D
wa
1
DPEN SP••[E
7yl# s
~ •0.47
5 a6.H ]S E
MAWR LOW
GRAPHIC SCALE
0 5 JO
4 I" = 30 FEET
6R
CITY OF FEDERAL WAY FILE NO. 18-104198-00-SU
med land survey
INOIXOATA:
SW I14 OF THE NE 114 OFSEC77ON 7, T2lN, R4E. W.M.. KING COUNTY, WA
SHT.
Poaax517
MIRROR LAKE HIGHLAND
81LE MCCAFFREY
8
roc
�T37
604 312TH ST SW
Ph— 253-627-2070
�^
FFOERAL WRY ih1A
OF
.rrifn�nalerrpr
—
MCCAW-170817, PLAT
8
,
PE.
nA_#.W1 I6
9101c�r.Awv7w
MIRROR LAKE
HIGHLAND
SW 114 OF THE NE 114 OF SECTION 7, T 21 N, R 4E, W.M.
CITY OF FEDERAL WAY, KING COUNTY, WA
MATCH UAW
LOT 7
-- 1
ICI;
I
I
- LOT 6
LOT 14
LOT 13
1- ,�•:
I �
I LOT 12
•7kr��i�ta
c~i.
I
WI LOT 5
LOT II
t
71
LOT 15
f
gi
al
I
I
••,5
I
I LOT 4
1
�
•
s � I—
9-0'
-
I `
LOT 16 r
I
I
I
FI
�etr I
LOT 10
w LOT 3
s�L,f115.0
I'
••
..�
ice. i �I
). I
iS' LOT 2
-
_
LOT 1
7 I'--�
UTILRY
LOT 9
i
50 --
- �� — 5 0'
I
LAKEHAVEN WATER AND SEWER DISTRICT NOTE,r•.
? 3.Ba'
t,7giLGT;p
All EAMKHT 6 wCgOT WM%VCARr NE9tRVED flVt NO CRMYTEO TO Lu(D!A'•[R VI UIV PTSDRCT AI10 ITS AGENM G , , .,J�.•
L.''CES: Am As"M "A w LSINO AS IF wmu 0Mw ARD rrA'N:ArH SHE VillR FATUN = KOM UN➢CF AIRS C" I
t�PGN THE ARIA 'JAD>•1! OR DIE PLAT MID uE5{A M IIC AS 'w XRLWE fA$IiOW 1MU1 "a -lw IlTAA1' SEWER
CA uENY I$EY TO 04TALL. ArAN FAtlL RYlIMX. AIPART Aalp pPE�AM MTFR MM SrMN YAVAS AA7 AMMTEHAM;ES FOR
r.Is yapnsoH .IHD oT,�,e HmoPtnlr To�1Rrn rnm nt RZ m EREER IR•?r s.q EA�1ApHr AT Au rots rae •i• ' 1 LOT 8
P,AIPeBCs WCIOERr TREPIfe. ND 6WUNt4 WAu, FC"tV. FFI M MILES VA STROC71XE ✓ F AIY IWHD 51RALL K ERECtED
OR "TM IMR SHALE AHT R L.L UATERwI 6C PLACED "A THE BOIAIDANS OF SAID E:AW] AREA. W C)FAVATEM ,
7Rµl 9E wwE Awl Wwc 0) FEET a SW *Ann eR SEVER SERVILE FAMITICS ARD WE E FACt LE1EL a 1HE '�I �.• �,: •- '�I-.
caws %r m0 E*UwCHT AREA LULL BE w—rHED AT W OZMATIOtf AS W11RER1L1' gm5. G GRARIOR .0war I" r
AM= mAT NO RATER A14/0R 5IEWER i1-$TEAr rAGurr CR APPUAEENAAM Or ANT "D SHALL BC "t,EUC1C0 CM
LG6YTm PY JANrOR, art AArr TFrRD hARfT AA-1Ptc uAjrt AV IT W w pTA tW MR CR PROr%wATt TO SAID MATCH UN£
EAXWV,t VIIII"YA SYCR P4IALLATOM IS A➢PR M er GRANTEE AAO IS BH OEA OWO.CC "M nK DAN-CURREW L011rW
0L WE Zy1CDrA iC, S'EIYAGE RpgfS OEWN- a' b,se 6Y Ir1F MrA6NWO1pF STATE pEy,WTyE}HH ECGLODT. pTANTOR
Nuor AAVI ER AGREES VAT M 0 IUNV' rACl1TY W AYRWtTFIIMTIC✓C OF MTr' RIA 1 RPy 14F 11TLOlG SERIECK
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CA$6LEYE RM?S 48ArfTW HEMDW. CITY OF FEDERAL WAY FILE NO. 18-10419E-00-SU
informed land survey INDEXDATA:
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DATA 1Y77llDIII� 1Tf MCCAW-170817, PLAT
MIRROR LAKE HIGHLANDS
Lot Report
2018
RESUBMITTED
U U 18 2018
CITY OF FEDERAL WAY
MMUNfTY DEVF_LOPMEW
Wed Oct 10 09:42:52
Lot: 1 , Block: 1, Type: LOT
PNT# Bearing Distance Northing Easting Station
1 121511.727 1266053.029 0.000
S 01005125" W 59.094
2 121452.643 1266051.905 59.094
Radius: 316.000 Length: 42.727 Chord: 42.695 Delta: 7°44'50"
Chord BRG: S 77030113" W Rad-In: S 08-37122" E Rad-Out: S 16022'11" E
Radius Pt: 3 121140.215,1266099.282 Tangent: 21.396 Dir: Left
Tangent -In: S 81022,38" W Tangent -•Out: S 73037149" W Non Tangential -In
4 121443.405 1266010.221 101.822
S 73037149" W 0.000
5 121.443.405 1266010.221 101.822
N 01005125" E 69.124
6 121.512.517 1266011.537 170.946
S 88054135" E 41.500
1 121.511.727 1266053.029 212.446
Closure Error Distance> 0.00000
Total Distance> 212.446
Area: 2640.0 Sq. Feet, 0.06 Acres
Lot: 2 Block: 1, Type: LOT
PNT# Bearing Distance Northing Easting Station
7 121516.100 1266094.876 0.000
S 01006,08" W 59.945
8 121456.166 1266093.723 59.945
Radius: 316.000 Length: 41.997 Chord: 41.966 Delta: 7036153"
Chord BRG: S 85011105" W Rad-In: S 01000129" E Rad-Out: S 08037122" E
Radius Pt: 3 121140.215,1266099.282 Tangent: 21.030 Dir: Left
Tangent -In: S 88059131" W Tangent -Out: S 81022138" W Non Tangential -In
Non Tangential -Out
9 121452.643 1266051.905 101.943
N 01005125" E 64.263
10 121516.895 1266053.128 166.206
S 88054135" E 41.756
7 121516.100 1266094.876 207.962
Closure Error Distance> 0.00000
Total Distance> 207.962
Area: 2573.3 Sq. Feet, 0.06 Acres
Lot: 3 , Block: 1, Type: LOT
PNT# Bearing Distance Northing Easting Station
11 121578.334 1266096.074 0.000
S 01006108" W 44.000
12 121534.342 1266095.227 44.000
N 88054135" W 42.874
13 121535.158 1266052.361 86.874
N 45011152" W 14.692
14 121545.512 1266041.936 101.567
N 01005125" E 33.847
15 121579.352 1266042.580 135.414
S 88054135" E 53.503
11 121578.334 1266096.074 188.917
Closure Error Distance> 0.00000
Total Distance> 188.917
Area: 2300.0 Sq. Feet, 0.05 Acres
Lot:
4 Block: 1, Type:
LOT
PNT#
Bearing
Distance
Northing
Easting
Station
16
121614.328
1266096.766
0.000
S O100610811 W
36.000
11
121578.334
1266096.074
36.000
N 88054/35/1 W
53.503
15
121579.352
1266042.580
89.503
N O100512511 E
28.600
17
121607.947
1266043.124
118.103
N 46005,2511 E
10.465
18
121615.205
1266050.664
128.569
S 88054/35/1 E
46.111
16
121614.328
1266096.766
174.680
Closure
Error Distance>
0.00000
Total
Distance> 174.680
Area:
1898.9 Sq. Feet, 0.04 Acres
Lot:
5 Block: 1, Type:
LOT
PNT#
Bearing
Distance
Northing
Easting
Station
19
121671.319
1266097.863
0.000
S O100610811 W
57.002
16
121614.328
1266096.766
57.002
N 88054/35/1 W
40.490
20
121615.098
1266056.283
97.492
N O100512511 E
51.922
21
121667.011
1266057.272
149.414
N W 05'25" E
7.184
22
121671.993
1266062.447
156.598
S 88054/35/1 E
35.422
19
121671.319
1266097.863
192.020
Closure Error Distance>
0.00000
Total
Distance> 192.020
Area:
2295.5 Sq. Feet, 0.05 Acres
Lot:
6 Block: 1, Type:
LOT
PNT#
Bearing
Distance
Northing
Easting
Station
23
121759.305
1266099.556
0.000
S O100610811 W
54.500
24
121704.815
1266098.508
54.500
N 88054135/1 W
36.257
25
121705.505
1266062.258
90.757
N 43054/35/1 W
5.710
26
121709.619
1266058.297
96.467
N O100512511 E
50.462
27
121760.072
1266059.257
146.929
S 88054/35/1 E
40.306
23
121759.305
1266099.556
187.235
Closure Error Distance>
0.00000
Total
Distance> 187.235
Area:
2188.2 Sq. Feet,
0.05 Acres
Lot:
7 , Block: 1, Type: LOT
PNT#
Bearing
Distance
Northing
Easting
Station
28
121797.298
1266100.287
0.000
S O1006'08"
W
38.000
23
121759.305
1266099.556
38.000
N 88054'35"
W
40.306
29
121760.072
1266059.258
78.306
N 43054'35"
W
17.936
30
121772.994
1266046.819
96.241
N O1005125"
E
25.318
31
121798.307
1266047.300
121.559
S 88054'35"
E
52.996
28
121797.298
1266100.287
174.555
Closure Error Distance>
0.00000
Total
Distance> 174.555
Area:
1933.3 Sq. Feet, 0.04 Acres
Lot:
8 ,
Block: 1, Type:
LOT
PNT#
Bearing
Distance
Northing
Easting
Station
32
121833.291
1266100.980
0.000
S O1006108"
W
36.000
28
121797.298
1266100.287
36.000
N 88054135"
W
52.996
31
121798.307
1266047.300
88.996
N O1005125"
E
29.800
33
121828.101
1266047.868
118.796
N 46005125"
E
8.768
34
121834.182
1266054.184
127.564
S 88054135"
E
46.804
32
121833.291
1266100.980
174.368
Closure Error Distance>
0.00000
Total
Distance> 174.368
Area:
1888.8 Sq. Feet,
0.04 Acres
Lot:
9 ,
Block: 1, Type:
LOT
PNT#
Bearing
Distance
Northing
Easting
Station
35
121906.447
1266102.387
0.000
S O1006108"
W
53.998
36
121852.459
1266101.348
53.998
N 88054135"
W
35.089
37
121853.127
1266066.266
89.086
N 43054135"
W
7.644
38
121858.634
1266060.965
96.730
N O1005125"
E
48.593
39
121907.218
1266061.890
145.323
S 88054135"
E
40.505
35
121906.447
1266102.387
185.827
Closure Error Distance>
0.00000
Total
Distance> 185.827
Area:
2172.3 Sq. Feet,
0.05 Acres
Lot:
10 ,
Block: 1, Type:
LOT
PNT#
Bearing
Distance
Northing
Easting
Station
40
122027.425
1266104.715
0.000
S O1006108"
W
57.001
41
121970.435
1266103.619
57.001
N 88054135"
W
40.518
42
121971.206
1266063.108
97.519
N O1005125"
E
51.596
43 122022.792 1266064.089 149.114
N 46005'25" E 7.644
44 122028.093 1266069.596 156.758
S 88054'35" E 35.125
40 122027.425 1266104.715 191.884
Closure Error Distance> 0.00000
Total Distance> 191.884
Area: 2295.3 Sq. Feet, 0.05 Acres
Lot: 11 , Block: 1, Type: LOT
PNT# Bearing Distance Northing Easting Station
45 122097.414 1266106.062 0.000
S O1006108" W 43.000
46 122054.422 1266105.235 43.000
N 88054135" W 44.428
47 122055.267 1266060.814 87.428
N 47016134" W 12.977
48 122064.072 1266051.281 100.405
N O1005125" E 34.379
49 122098.444 1266051.935 134.784
S 88054,35" E 54.136
45 122097.414 1266106.062 188.920
Closure Error Distance> 0.00000
Total Distance> 188.920
Area: 2285.9 Sq. Feet, 0.05 Acres
Lot: 12 Block: 1, Type: LOT
PNT# Bearing Distance Northing Easting Station
50 122134.407 1266106.774 0.000
S O1006,08" W 37.000
45 122097.414 1266106.062 37.000
N 88054135" W 54.136
49 122098.444 1266051.935 91.136
N O100512511 E 29.582
51 122128.021 1266052.498 120.718
N 46005125" E 10.491
52 122135.296 1266060.057 131.209
S 88054135" E 46.726
50 122134.407 1266106.774 177.935
Closure Error Distance> 0.00000
Total Distance> 177.935
Area: 1975.7 Sq. Feet, 0.05 Acres
Lot: 13 Block: 1, Type: LOT
PNT# Bearing Distance Northing Easting Station
53 122172.669 1266107.510 0.000
S O1006108" W 38.269
50 122134.407 1266106.774 38.269
N 88054135" W 46.717
54 122135.296 1266060.065 84.986
N 43054135" W 7.106
55 122140.416 1266055.137 92.093
N O1005125" E 33.345
56 122173.755 1266055.771 125.437
S 88047152" E 51.750
53 122172.669 1266107.510 177.188
Closure Error Distance> 0.00000
Total Distance> 177.188
Area: 1970.3 Sq. Feet, 0.05 Acres
Lot: 14 Block: 1, Type: LOT
PNT# Bearing Distance Northing
56 122173.755
S 01005/25/1 W 33.345
55 122140.416
S 46005/25/1 W 16.290
57 122129.119
N 88054/35/1 W 46.124
58 122129.996
N 01005/25/1 E 44.976
59 122174.964
S 88047152/1 E 57.643
56 122173.755
Closure Error Distance> 0.00000
Total Distance> 198.378
Area: 2523.0 Sq. Feet, 0.06 Acres
Lot: 15 Block: 1, Type: LOT
PNT# Bearing Distance Northing
60 122089.875
S O100512511 W 50.190
61 122039.694
N 88054/35/1 W 43.000
62 122040.512
N O1005125" E 57.000
63 122097.502
S 88054/35/1 E 36.190
64 122096.813
S 43054135/1 E 9.630
60 122089.875
Closure Error Distance> 0.00000
Total Distance> 196.011
Area: 2427.8 Sq. Feet, 0.06 Acres
Lot: 16 Block: 1, Type: LOT
PNT# Bearing Distance Northing
65 122035.448
S O1005'25" W 29.000
66 122006.453
S 46005/25/1 W 5.657
67 122002.530
N 88054135/1 W 52.000
68 122003.519
N O100512511 E 37.000
62 122040.512
S 88054135/1 E 52.000
69 122039.523
S 43054/35/1 E 5.657
65 122035.448
Closure Error Distance> 0.00000
Total Distance> 181.314
Area: 2056.0 Sq. Feet, 0.05 Acres
Lot: TRACT A , Block: 1, Type: LOT
Easting Station
1266055.771 0.000
1266055.137 33.345
1266043.401 49.635
1265997.285 95.759
1265998.141 140.735
1266055.771 198.378
Easting Station
1266039.529 0.000
1266038.574 50.190
1265995.582 93.190
1265996.666 150.190
1266032.850 186.381
1266039.529 196.011
Easting Station
1266051.496 0.000
1266050.944 29.000
1266046.868 34.657
1265994.878 86.657
1265995.582 123.657
1266047.572 175.657
1266051.496 181.314
PNT#
Bearing
Distance
Northing
Easting
Station
18
121615.205
1266050.664
0.000
S
46*05125"
W
10.465
17
121607.947
1266043.124
10.465
S
01005125"
W
62.447
14
121545.512
1266041.936
72.912
S
45011152"
E
14.692
13
121535.158
1266052.361
87.605
N
88054135"
W
40.386
70
121535.927
1266011.982
127.991
S
01005125"
W
92.538
5
121443.405
1266010.221
220.529
Radius:
316.000
Length: 12.255
Chord: 12.254 Delta: 2°13'19"
Chord BRG:
S 72°31109"
W Rad-In: S 16022111"
E Rad-Out:
S 18035,30" E
Radius
Pt:
3 121140.215,1266099.282
Tangent:
6.128 Dir:
Left
Tangent -In:
S 73037149"
W Tangent -Out: S 71024130"
W Non Tangential -In
71
121439.724
1265998.533
232.784
N
90000100"
E
0.000
71
121439.724
1265998.533
232.784
Radius:
316.000
Length: 15.417
Chord: 15.415 Delta: 2°47'43"
Chord BRG:
S 70°00138"
W Rad-In: S 18°35130" E Rad-Out:
S 21023,131, E
Radius
Pt:
3 121140.215,1266099.282
Tangent:
7.710 Dir:
Left
Tangent -In:
S 71024130"
W Tangent -Out: S 68°36147"
W Non Tangential -In
Non
Tangential
-Out
72
121434.455
1265984.047
248.200
N
01005125"
E
569.168
68
122003.519
1265994.878
817.368
S
88054135"
E
52.000
67
122002.530
1266046.868
869.368
N
46005125"
E
5.657
66
122006.453
1266050.944
875.025
N
01005125"
E
29.000
65
122035.448
1266051.496
904.025
N
43054,35"
W
5.657
69
122039.523
1266047.572
909.682
N
88054135"
W
9.000
61
122039.694
1266038.574
918.682
N
01005125"
E
50.190
60
122089.875
1266039.529
968.872
N
43054135"
W
9.630
64
122096.813
1266032.850
978.502
N
88054135"
W
36.190
63
122097.502
1265996.666
1014.693
N
01005125"
E
32.500
58
122129.996
1265997.285
1047.193
S
88054135"
E
46.124
57
122129.119
1266043.401
1093.317
N
46005125"
E
16.290
55
122140.416
1266055.137
1109.607
S
43054135"
E
7.100
73
122135.301
1266060.061
1116.707
S
46005125"
W
10.497
51
122128.021
1266052.498
1127.204
S
01005125"
W
63.960
48
122064.072
1266051.281
1191.165
S
47016134"
E
12.977
47
122055.267
1266060.814
1204.141
S 88054135"
E
3.893
74
122055.193
1266064.706
1208.034
S O1005125"
W
84.003
42
121971.206
1266063.108
1292.037
S 88054'35"
E
40.518
41
121970.435
1266103.619
1332.555
S O1006'08"
W
64.000
35
121906.447
1266102.387
1396.555
N 88054'35"
W
40.505
39
121907.218
1266061.890
1437.060
S O1005125"
W
73.169
75
121834.062
1266060.497
1510.229
N 88054135"
W
6.314
34
121834.182
1266054.184
1516.543
S 46005125"
W
8.768
33
121828.101
1266047.868
1525.311
S O1005125"
W
55.118
30
121772.994
1266046.819
1580.429
S 43054'34"
E
17.936
27
121760.072
1266059.257
1598.364
S O1005'25"
W
50.462
26
121709.619
1266058.297
1648.826
S O1022144"
W
42.621
21
121667.011
1266057.272
1691.447
S O1005125"
W
51.922
20
121615.098
1266056.283
1743.369
N 88054'35"
W
5.621
18
121615.205
1266050.664
1748.990
Closure Error Distance>
0.00000
Total
Distance> 1748.990
Area:
38848.5 Sq. Feet,
0.89 Acres
Lot:
TRACT B ,
Block: 1, Type:
LOT
PNT#
Bearing
Distance
Northing
Easting
Station
12
121534.342
1266095.227
0.000
S O1006108"
W
18.245
7
121516.100
1266094.876
18.245
N 88054135"
W
41.756
10
121516.895
1266053.128
60.002
S O1005125"
W
5.169
1
121511.727
1266053.029
65.171
N 88054,35"
W
41.500
6
121512.517
1266011.537
106.671
N O1'05125"
E
23.415
70
121535.927
1266011.982
130.085
S 88054135"
E
83.260
12
121534.342
1266095.227
213.345
Closure Error Distance>
0.00000
Total
Distance> 213.345
Area:
1733.6 Sq. Feet, 0.04 Acres
Lot:
TRACT C ,
Block: 1, Type: LOT
PNT#
Bearing
Distance
Northing
Easting
Station
24
121704.815
1266098.508
0.000
S O1006108"
W
33.502
19
121671.319
1266097.863
33.502
N 88054135"
W
35.422
22
121671.993
1266062.447
68.924
S 46005125" W
6.881
76
121667.221
1266057.490
75.805
N O1005'25" E
42.406
26
121709.619
1266058.297
118.211
S 43054135" E
5.710
25
121705.505
1266062.258
123.921
S 88054'35" E
36.257
24
121704.815
1266098.508
160.178
Closure Error Distance>
0.00000
Total
Distance> 160.178
Area:
1369.8 Sq. Feet, 0.03 Acres
Lot: TRACT D , Block: 1, Type:
LOT
PNT#
Bearing
Distance
Northing
Easting
Station
36
121852.459
1266101.348
0.000
S O1006108" W
19.172
32
121833.291
1266100.980
19.172
N 88054135" W
40.490
75
121834.062
1266060.497
59.661
N O1005125" E
24.576
38
121858.634
1266060.965
84.238
S 43054,35" E
7.644
37
121853.127
1266066.266
91.881
S 88054135" E
35.089
36
121852.459
1266101.348
126.970
Closure Error Distance>
0.00000
Total
Distance> 126.970
Area:
790.9 Sq. Feet, 0.02
Acres
Lot: TRACT E Block: 1, Type:
LOT
PNT#
Bearing
Distance
Northing
Easting
Station
46
122054.422
1266105.235
0.000
S O1006108" W
27.002
40
122027.425
1266104.715
27.002
N 88054135" W
35.125
44
122028.093
1266069.596
62.127
S 46005125" W
7.644
43
122022.792
1266064.089
69.771
N O1005125" E
32.407
74
122055.193
1266064.706
102.178
S 88054135" E
40.536
46
122054.422
1266105.235
142.714
Closure Error Distance>
0.00000
Total
Distance> 142.714
Area:
1109.1 Sq. Feet,
0.03 Acres
WAIItS
Block
1 Total Area: 79275.9
Sq. Feet, 1.82 Acres
O� ,tS�j�=
rr
LAW`'
C17Y OF
V Federal
October 8, 2018
Mr. William McCaffrey
30929 370) Place SW
Federal Way, WA 98023
bill@thenexusstudio.com
Way
Re: File No. 18-104198-00-SU; FINAL PLAT INCOMPLETE APPLICATION
Mirror Lake Highland; 604 SW 3121h Street, Federal Way
Dear 1\11i. McCaffrey:
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www.cityoffederalway.com
Jim Ferrell, Mayor
On September 10, 2018, the Department of Community Development received your application for T11e
Mirror Lake Highland Final Plat; a 16-lot subdivision in Federal \Vay. Upon receipt of the application, city
staff reviewed the submittal packet for completeness based on the final plat submittal requirements for
subdivisions under Federal Way Devised Code (FWRC) 18.40.020, "Final Plat."
INCOMPLETE APPLICATION
During the course of review by the Lakehaven Utility District and the city's Planning and Public Works, the
application was deemed to be incomplete pursuant to items 1 — 3 below. These three items need to be
completed in order for the application to move forward toward final plat approval by the City Council.
1. Substantial Completion of Construction — The plat infrastructure is not yet substantially complete.
The project infrastructure must be substantially complete prior to moving the plat forward
for City Council review. Contact Senior Engineering Plans Reviewer Ann Dover at 253 835-
2732, or auti-dower@ ci uff kralwa r.cotn regarding this comment.
2. Lakehaven Utility District Substantial Completion — Letters of substantial completion from
Lakehaven Water and Sewer District must be submitted to the city. Contact Brian Asbury
with the Lakehaven Utility District at 253-945-1580, or Lia11—Ri' cr lakei�aven.czrg, regarding
this comment.
3. Lot Closure Calculations — Provide two sets of lot closure calculations stamped and signed by a
professional land surveyor.
TECHNICAL COMMENTS
City staff is in the process of preparing technical comments on the final plat application and the final plat
map. We anticipate these comments will be completed and forwarded to you in the nest couple of weeks.
Nfr. William McCaffrey
Page 2 of 2
October 8, 2018
Upon substantial completion of the project infrastructure, and compliance with applicable FNVRC
requirements, the final plat application will be forwarded to the City Council's Land Use/Transportation
Committee (LUTC). The LUTC will review the final plat and make a recommendation to the full City Council.
The City Council will make the final decision on the plat application at a regular City Council meeting. Please
be advised that staff reports to the City Council and council committees are required to be prepared
approximately two weeks in advance of scheduled meetings. 'Therefore, once the project is determined to be
substantially complete, processing and scheduling the final plat application will take a minimum of four to six
weeks, in part due to the monthly LUTC meeting and bi-weekly City Council meetings.
Please contact me at or 253-835-2652, if you have any questions about this
letter or The Mirror Lake Hig]ilands Final Plat review.
Sincerely, �]
f n Harris
Senior Planner
enc: Resubmittal Form
c: Ann Dower, Senior Engineering Plans Reviewer
Sarady Long, Senior Traffic Engineer
Brian Asbury, Lakehaven Utility District
1e-102198-00-su D- ID 78336
CITY OF FEDERAL WAY
COMMUNITY DEVELOPMENT DEPARTMENT
DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL
DATE: September 12, 2018
TO: Cole Elliott, Development Services Manager
Scott Sproul, Building Official
Rick Perez, City Traffic Engineer
Brian Asbury, Lakehaven Water & Sewer District
Chris Cahan, South King Fire & Rescue
FROM: Jim Harris
FOR DRC MTG. ON: September 27, 2018
FILE NUMSER(s): 18-104198-00-SU
RELATED FILE NOS.: None
PROJECT NAME: MIRROR LAKE HIGHLAND COTTAGE PRELIMINARY PLAT
PROJECT ADDRESS: 604 SW 312TH ST
ZONING DISTRICT: RS 7.2
PROJECT DESCRIPTION: Final plat of 16-lot cottage housing development.
LAND USE PERMITS:
PROJECT CONTACT: WILLIAM MCCAFFREY
MATERIALS SUBMITTED: Final Plat Map
Title Report
Lot Closure Calcs
Please provide completeness and technical review comments.
- REGENEQ - - - -
C MASTER LAND USE APPLICATION
SEP 10 2018 DEPARTMENT OF CO1vIMUNITY DEVELOPMENT SERVICES
CITY OF FEDERAL WAY 33325 8`h Avenue South
CITY OF Federal Way, WA 98003-6325
�' COMMUNITY ❑EIILOPMENT 253-835-2607; Fax 253-835-2609
FederalWay WT'4 W.Cilv&W Wa y coils
APPLICATION NO(S) Date
Project Name Z ��� Qn� L L, t
= Property Address/Location t� - -_ _ _
Parcel Numbers) � It 0 D
Project Description
PLEASE PRINT
Type of Permit Required
Annexation
Binding Site Plan
Boundary Line Adjustment
Comp Plan/Rezone
Land Surface Modification
Lot Line Elimination
Preapplication Conference
Process I (Director's Approval)
Process II (Site Plan Review)
Process III (Project Approval)
Process IV (Hearing Examiner's Decision)
Process V (Quasi -Judicial Rezone)
Process VI
SEPA w/Project
SEPA Only
Shoreline: Variance/Conditional Use
Short Subdivision
Subdivision
VaTiatice: Commercial/Residential
Required Information
VO4- Zoning Designation
RD RO Comprehensive Plan Designation
Ws Value of Existing Improvements
'M & _ Value of Proposed Improvements
International Building Code (IBC):
n Occupancy Type
Construction Type
Applicant
Name: elu, I'01�l�Af�R�`{ 1 iuf >«�i 5'ILt�lt7
Address: '3 LI)°l 2 `t 31 T11" P L • 51J-1 '
City/State: er o f gAt, IM"
Zip; C100r,>2.3
Phone: Z 7 3 - -ion 41411
Fax. {mil �X s Tu 0 0. CDI'l
E-mail: t3ll.t_
Signature: f^44)
Agent (if different t Applicant) V �5
Name:
Address:
City/State:
Zip:
Phone:
Fax:
Email:
Signature:
Owner
Nance: M RRRA i—k 'r• �(�P�L•�`!-t �-liG
Address: 3 Dq 2a 311U f (. 'WJ
Ci tyistate: f (p L, )PAN/1 VJ^
`Lip: a ��Q_ 3
Phone:�'
Fax: 2�3�q -A"'? 4'1
;email:'
Signature: f . �M n oG
Bulletin #003 -January 1, 201 1
Page t of 1
k:\Handouts\Master Land Use Application
stewart title
SUBDIVISION GUARANTEE
ISSUED BY
STEWART TITLE GUARANTY COMPANY
Guarantee No.: G-6329-11374
Order No.: 259813
RECEIVE
SEF 10 2018
CITY OF FEDERAL WAY '
CCMML NFN DEVELOPMENT
Fee: $550.00
Dated: July 25, 2018 at 8:OOAM
Stewart Title Guaranty Company (the "Company"), guarantees the County of King and any City within which said
subdivision is located in a sum not exceeding $1,000.00 that, according to those public records which, under the
recording laws, impart constructive notice of matters affecting the title to the land included within the exterior
boundary shown on the map of the subdivision, the only parties having any record title interest in said land whose
signatures are necessary, on the certificates consenting to the recordation of said map and offering for dedication
any streets, roads, avenues and other easements offered for dedication by said map as referred to in the
guarantee.
4,a,
U I --- -
Authorized Countersignature
Stewart Title Company
981 Powell Ave SW, Suite 100
Renton, WA 98057
AN,
6�Rgt� Matt Morris
�� President and CEO
1908 b
s "s
Denise C rraux
Secretary
For coverage information or assistance resolving a complaint, call (800) 729-1902 or visit www,stewart.com; For purposes of this form the
"Stewart Title" logo featured above is the represented logo for the underwriter, Stewart Title Guaranty Company.
In writing this company, please address it at P.O. Box 2029, Houston, Texas 77252, and refer to the printed Serial No.
WA Subdivision Guarantee
File No.: 259813
Guarantee Serial No.: G-6329-11374
Page 1 of 7
/-)
SUBDIVISION GUARANTEE
ISSUED BY
STEWART TITLE GUARANTY COMPANY
Order Number: 259813
Effective Date: July 25, 2018 at 8:OOAM
Prepared by:
Stewart Title Company
981 Powell Ave SW, Suite 100
Renton, WA 98057
Guarantee No.: G-6329-11374
OWNERS: Mirror Lake Highland, LLC, a Washington limited liability company
LEGAL DESCRIPTION:
See Exhibit "A" Attached Hereto
SUBJECT TO:
Premium: $550.00
Sales Tax: $55.00
Total: $605.00
1. General taxes: First half delinquent May 1; Second half delinquent November 1:
Year: 2018
Amount Billed:
$3,979.46
Amount Paid:
$1,989.73
Amount Due:
$1,989.73, plus interest and penalty if delinquent
Tax Account No.:
072104 9024
Levy Code:
1205
Land:
$106,000.00
Improvements:
$172,000.00
(Affects Parcel A)
2. General taxes: First half delinquent May 1; Second half delinquent November 1:
Year:
2018
Amount Billed:
$1,146.12
Amount Paid:
$573.06
Amount Due:
$573.06, plus interest and penalty if delinquent
Tax Account No.:
072104 9109
Levy Code:
1205
Land:
$82,000.00
Improvements:
$0.00
(Affects Parcel B)
3. General taxes: First half delinquent May 1; Second half delinquent November 1:
Year:
2018
Amount Billed:
$797.62
Amount Paid:
$398.81
Amount Due:
$398.81, plus interest and penalty if delinquent
Tax Account No.:
072104 9110
Levy Code:
1205
WA Subdivision Guarantee
File No.: 259813
Guarantee Serial No.: G-6329-11374
Page 2 of 7
SUBDIVISION GUARANTEE
ISSUED BY
STEWART TITLE GUARANTY COMPANY
Land:
$57,000.00
Improvements:
$0.00
(Affects Parcel C)
4. General taxes: First half delinquent May 1; Second half delinquent November 1:
Year:
2018
Amount Billed:
$1,020.66
Amount Paid:
$510.33
Amount Due:
$510.33, plus interest and penalty if delinquent
Tax Account No.:
072104 9111
Levy Code:
1205
Land:
$73,000.00
Improvements:
$0.00
(Affects Parcel D)
5. General taxes: First half delinquent May 1; Second half delinquent November 1:
Year:
2018
Amount Billed:
$923.08
Amount Paid:
$461.54
Amount Due:
$461.54, plus interest and penalty if delinquent
Tax Account No.:
072104 9114
Levy Code:
1205
Land:
$66,000.00
Improvements:
$0.00
(Affects Parcel E)
Note: King County Treasurer, 500 4th Avenue, 6th Floor Admin. Bldg., Seattle, WA 98104 (206)
296-7300; Web Address: http://webapp.metrokc.gov/kctaxinfo/.
6. Current and/or advance personal property taxes for 2018 may become due upon transfer or sale
of the premises herein described. Please contact the King County Treasurer's office for further
information.
7. Liability for sewer treatment capacity charges that may be assessed but not disclosed in the
public records. Please contact the King County Capacity Charge Department for further
information at 206-296-1450.
8. Deed of Trust dated July 31, 2017 and recorded August 7, 2017 as Instrument Number
20170807000791 in the original principal amount of $1,576,000.00 from Mirror Lake Highland,
LLC, a Washington limited liability company to Reconveyance Professionals, Inc, a Washington
corporation, as trustee, for Redmnd Funding Group, LLC, a Delaware Limited Liability
Company.
9. Deed of Trust dated July 31, 2017 and recorded August 7, 2017 as instrument Number
20170807001170 in the original principal amount of $250,000.00 from Mirror Lake Highland,
LLC, a Washington limited liability company to Reconveyance Professionals, Inc., as trustee, for
Redmond Property Investment #4, LLC, a Washington limited liability company.
The above instrument has been subordinated to the lien of the document recorded under
Instrument No. 20170807000791 by Subordination Agreement recorded under Instrument No.
20170807001171.
WA Subdivision Guarantee
File No.: 259813
Guarantee Serial No.: G-6329-11374
Page 3 of 7
1
SUBDIVISION GUARANTEE
ISSUED BY
STEWART TITLE GUARANTY COMPANY
10. License and the terms and conditions thereof recorded under Instrument No. 20170815000441.
11. Easement granted to Pacific Northwest Bell Telephone Company, a Washington corporation, as
more fully set forth in the document recorded as Instrument No. 5322887.
12. Easement granted to Lakehaven Sewer District, a municipal corporation, as more fully set forth
in the document recorded as Instrument No. 7806140899.
13. Lake Access Easement and the terms and conditions thereof recorded under Instrument No.
20010619000739.
14. Notice of On -Site Sewage System and the terms and conditions thereof recorded under
Instrument No. 20050211001839. (Affects Parcel A)
15. Quit Claim Deed Clearing Title Re Access Rights and the terms and conditions thereof recorded
under Instrument No. 20070412000602. 2007041200603 and 2007041200604. (Affects Parcel
A)
16. Lack of a recorded means of ingress and egress to a public road from the land. (Affects Parcels
B, C, D and E)
17. Memorandum of Agreement, including terms and conditions thereof as recorded in Instrument
No. 2007041200060 '1. (Affects Parcels A, B, C and D)
18. Easement Agreement, including terms and conditions thereof as recorded in Instrument No.
20071108001180,20071108001181,20071108001182,20071108001183,20071108001184,
20071108001185 and 20071108001186. (Affects Parcel A)
19. Terms and conditions of survey recorded February 11, 2008 under Recording Number
20080211900001.
20. Agreement and the terms and conditions thereof recorded under Instrument No.
20080527001637.
Amendments to Developer Extension Agreement under Recording Numbers 20160804000309
and 20180305000029.
21. Easement granted to Puget Sound Energy, Inc., a Washington Corporation, as more fully set
forth in the document recorded as Instrument No. 20110421000244..
22. Any unrecorded leaseholds, rights of vendors and holders of security interest on personal
property installed upon said property, and right of tenants to remove trade fixtures at the
expiration of the term.
WA Subdivision Guarantee
File No.: 259813
Guarantee Serial No.: G-6329-11374
Page 4 of 7
SUBDIVISION GUARANTEE
EXHIBIT "A"
LEGAL DESCRIPTION
ISSUED BY
STEWART TITLE GUARANTY COMPANY
Order Number: 259813 Guarantee No.: G-6329-11374
Parcel A:
That portion of the East half of the West half of the Southwest quarter of the Northeast quarter of
Section 7, Township 21 North, Range 4 East, W.M., in King County, described as follows:
Beginning at a point on the East line of a private road, said point being 198 feet South of the North line
of said subdivision and 100 feet West of the East line of said subdivision;
Thence South along the East line of said private road, a distance of 712 feet;
Thence East 100 feet to intersect the East line of said subdivision at a point 910 feet South of the
Northeast corner thereof;
Thence South along the East line of said subdivision to the South line of the county road;
Thence West 100 feet to the East line of a private road;
Thence South along the East line of said private road to the South line of said subdivision;
Thence West 10 feet to the East line of the West 220 feet of the East half of the West half of the
Southwest quarter of the Northeast quarter of said Section 7;
Thence North along said East line to a point 198 feet South of the North line of the Southwest quarter
of said Northeast quarter;
Thence East 10 feet to the POINT OF BEGINNING;
EXCEPT the North 82 feet thereof;
AND EXCEPT county road (Southwest 312th Street);
AND EXCEPT that portion thereof conveyed to Sophie A. McNeil by Quit Claim Deed dated June 16,
2001, recorded June 19, 2001, under Recording Number 20010619000738;
Situate in the County of King, State of Washington
Parcel Al:
A non-exclusive perpetual easement for ingress and egress over the following described land:
A strip of land 20 feet in width lying 10 feet along either side of the following described centerline:
Beginning at a point on the North line of the Southwest quarter of the Northeast quarter of Section 7,
Township 21 North, Range 4 East, W.M., in King County, Washington, from which point on the
Northwest corner thereof bears North 890 11'19' West a distance of 439.51 feet;
Thence South 1 °04'58" West 987.31 feet;
Thence South 63°55'02" East 110.34 feet;
Thence South 1 °04'58" West 145.16 feet to the North margin of the county road known as South
312th Street;
TOGETHER WITH an access easement as set forth in instrument recorded June 19, 2001 under
Recording Number 20010619000739.
Situate in the County of King, State of Washington.
Parcel B.
WA Subdivision Guarantee
File No.: 259813
Guarantee Serial No.: G-6329-11374
Page 5 of 7
SUBDIVISION GUARANTEE
EXHIBIT "A"
LEGAL DESCRIPTION
ISSUED BY
STEWART TITLE GUARANTY COMPANY
That portion of the East half of the West half of the Southwest quarter of the Northeast quarter of
Section 7, Township 21 North, Range 4 East described as follows:
Beginning on the East line of said subdivision at a point 525.00 feet South of the Northeast corner
thereof;
Thence South along said East line 175.00 feet;
Thence West 100 feet to the East line of a private road;
Thence North along said East line 175 feet to a point West of the POINT OF BEGINNING;
Thence East 100 feet to the POINT OF BEGINNING;
Situate in the County of King, State of Washington.
Parcel C:
That portion of the East half of the West half of the Southwest quarter of the Northeast quarter of
Section 7, Township 21 North, Range 4 East, W.M., in King County, Washington, described as follows:
Beginning at a point 700 feet South of the Northeast corner of said subdivision;
Thence South 70 feet;
Thence West 100 feet;
Thence North 70 feet;
Thence East 100 feet to the TRUE POINT OF BEGINNING.
Parcel D:
That portion of the East half of the West half of the Southwest quarter of the Northeast quarter of
Section 7, Township 21 North, Range 4 East, W.M., in King County, Washington, described as follows:
Beginning at a point 770 feet South of the Northeast corner of said subdivision;
Thence South 140 feet;
Thence West 100 feet;
Thence North 140 feet;
Thence East 100 feet to the TRUE POINT OF BEGINNING.
Parcel E:
That portion of the East half of the West half of the Southwest quarter of the Northeast quarter of
Section 7, Township 21 North, Range 4 East, W.M., in King County, Washington, described as follows
Beginning at a point 420 feet South of the Northeast corner of said subdivision;
Thence South 105 feet;
Thence West 100 feet;
Thence North 105 feet;
Thence East 100 feet to the TRUE POINT OF BEGINNING.
Situate in the City of Federal Way, County of King, State of Washington.
WA Subdivision Guarantee
File No.: 259813
Guarantee Serial No.: G-6329-11374
Page 6 of 7
SUBDIVISION GUARANTEE
ISSUED BY
STEWART TITLE GUARANTY COMPANY
Order Number: 259813
Guarantee No.: G-6329-11374
This Guarantee and the legal description given herein are based upon information supplied by the
applicant as to the location and identification of the premises in question, and no liability is assumed
for any discrepancies resulting therefrom. This report does not represent either a commitment to
insure title, an examination of or opinion as to the sufficiency or effect of the matters shown, or opinion
as to the marketability of title to the land.
WA Subdivision Guarantee
File No.: 259813
Guarantee Serial No.: G-6329-11374
Page 7 of 7
Stewart Title Guaranty Company Privacy Notice
Stewart Title Companies
WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION?
Federat and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state
law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to
understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and
its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA).
The types of personal information we collect and share depend on the product or service that you have sought through us. This
information can include social security numbers and driver's license number.
All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday
business —to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share
customers' personal information; the reasons that we choose to share; and whether you can limit this sharing.
Reasons we can share your personal information. Do we share
Can you limit this sharing?
For our everyday business purposes— to process your transactions
and maintain your account. This may include running the business and Yes
No
managing customer accounts, such as processing transactions,
mailing, and auditing services, and responding to court orders and legal
investigations.
For our marketing purposes— to offer our products and services to Yes
No
you_
For joint marketing with other financial companies No
We don't share
For our affiliates' everyday business purposes— information about
your transactions and experiences. Affiliates are companies related by
common ownership or control. They can be financial and non -financial Yes
No
companies. Our affiliates may include companies with a Stewart name;
financial companies, such as Stewart Title Company
For our affiliates' everyday business purposes— information about No
We don't share
your creditworthiness.
For our affiliates to market to you — For your convenience, Stewart Yes
has developed a means for you to opt out from its affiliates marketing
Yes, send your first and last name, the email
address used in your transaction, your Stewart file
even though such mechanism is not legally required.
number and the Stewart office location that is
handling your transaction by email to
optout@stewart.com or fax to
1-800-335-9591.
For non -affiliates to market to you. Non -affiliates are companies not No
We don't share
related by common ownership or control. They can be financial and
non -financial companies.
We may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with a
non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. [We do not control
their subsequent use of information, and suggest you refer to their privacy notices.]
SHARING PRACTICES
How often do the Stewart Title Companies notify me We must notify you about our
sharing practices when you request a transaction.
about their practices?
How do the Stewart Title Companies protect my To protect your personal information from unauthorized access and use, we use
personal information? security measures that comply with federal law. These measures include
computer, file, and building safeguards.
How do the Stewart title Companies collect my We collect your personal information, for example, when you
personal information? request insurance -related services
provide such information to us
We also collect your personal information from others, such as the real estate
agent or lender involved in your transaction, credit reporting agencies, affiliates
or other companies.
sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in
certain instances, we do not share your personal informalon in those instances.
Contact us: ff you have any questions about this privacy notice, please contact us at. Stewart Title Guaranty Company,
1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056
File No.: 259813 Revised 11-19-2013
After recording, return to:
Joshua Rosenstein
Hanson Baker Ludlow Drumheller P.S.
2229 —112t` Ave. NE, Suite 200
Bellevue, Washington 98004
DECLARATION OF PROTECTIVE COVENANTS
FOR MIRROR LAKE HIGHLAND COTTAGES
A Plat Community
RECEIVED,
SEP 10 2018
CITY OF FEDERAI.WAY
COMMUNITY DEVELOPMENT
Declaration of Protective Covenants for Mirror Lake Highland
DOCUMENT TITLE
Cottages, a Plat Community
REFERENCE NO. OF
DOCUMENTS ASSIGNED/
N/A
RELEASED
GRANTOR
Mirror Lake Highland, LLC
King County
GRANTEE
The Public
LEGAL DESCRIPTION
Portion NE '/4, Sec 7 Twn 21N, Rng 4E
072104-9111; 072104-9110; 072104-9114; 072104-9109;
ASSESSOR'S PARCEL NO.
072104-9024
DECLARATION OF PROTECTIVE COVENANTS
FOR NURROR LAKE HIGHLAND COTTAGES
A Plat Community
TABLE OF CONTENTS
PART I DEFINITIONS
ARTICLE 1 DEFINITIONS
1.1
Act
1.2
Assessments
1.3
Association
1.4
Board
1.5
Building
1.6
Common Area
1.7
Common Expenses
1.8
Declaration
1.9
Design Review Committee
1.10
Developer
1.11
Development Right
1.12
Electronic Transmission
1.13
Governing Documents
1.14
Lot
1.15
Lot Owner
1.16
Map
1.17
Member
1.18
Mortgage
1.19
Mortgagee
1.20
Period of Developer Control
1.21
Property
1.22
Record
1.23
Special Declarant Rights
1.24
Tangible Medium
1.25
Writing
1.26
Written
PART II RIGHTS AND OBLIGATIONS OF OWNERS; PROPERTY PROTECTIONS AND
RESTRICTIONS
ARTICLE 2 PROPERTY USE
2.1
Number of Lots
2.2
Residential Use of Property
2.3
Home Businesses
2.4
Parking Certain Vehicles
2.5
Use of Garage
2.6
Motor Vehicles
2.7
Common Storage Shed
2.8
Storage on Lots
2.9
Signs
2.10
Lighting
2.11
Animals
2
2
2
2
2
2
2
2
3
3
3
3
3
3
3
3
4
4
4
4
4
4
4
5
5
5
5
5
6
6
6
6
6
6
6
7
7
7
7
7
Declaration of Protective Covenants
B0468139.DOC for Mirror Lake Highland Cottages
2.12
Plants
8
2.13
Trash Disposal
8
2.14
Unsightly Conditions
8
2.15
Antenna
8
2.16
Air Conditioning Unit
9
2.17
Machinery and Equipment
9
2.18
Oil Drilling, Etc.
9
2.19
Motors
9
2.20
Yard Art
9
2.21
Nuisances
9
2.22
Hazardous Activities
9
2.23
Development Activities Exempted
10
2.24
Violations
10
ARTICLE 3
LEASING
10
3.1
General
10
3.2
Limitations on Number of Rental Lots
10
3.3
Waiting List
10
3.4
Hardships
11
3.5
Rules and Regulations
11
ARTICLE 4
DESIGN REVIEW
11
4.1
Design Review Committee
11
4.2
Authority
11
4.3
Submission of Plans
11
4.4
Approval of Plans
12
4.5
Criteria
12
4.6
Effect of Design Review Committee Approval
12
4.7
No Liability
12
4.8
Conduct of Construction
12
ARTICLE 5
BUILDING AND CONSTRUCTION RESTRICTIONS
13
5.1
Single Family Residence
13
5.2
Local Codes
13
5.3
Exterior Finish
13
5.4
Fences
13
5.5
Roofing
13
5.6
Prefabricated Buildings.
14
5.7
Lighting
14
5.8
Temporary Occupancy and Temporary Buildings
14
5.9
Storage Sheds and Outside Storage
14
5.10
Landscaping
14
5.11
Grading
14
5.12
Utility Service
14
5.13
Solar Energy Panels
14
ARTICLE 6
EXTERIOR AND COMMON AREA MAINTENANCE
15
6.1
Lot Owners' Obligations
15
6.2
Association Right to Perform Maintenance
15
6.3
Common Area Maintenance
15
ARTICLE 7
PROPERTY RIGHTS IN THE COMMON AREA
16
7.1
Association Control of Common Area
16
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7.2
Restrictions on Use of Common Area
16
7.3
Buffers
16
7.4
Conveyance of Common Area
16
7.5
Developer's Rights in the Common Area
16
ARTICLE 8
GENERAL PROTECTIVE COVENANTS
17
8.1
Partition
17
8.2
Subdivision or Combination
17
PART III MANAGEMENT
AND OPERATION OF THE OWNERS ASSOCIATION
18
ARTICLE 9
MIRROR LAKE HIGHLAND COTTAGES OWNERS ASSOCIATION
18
9.1
Establishment
18
9.2
Membership
18
9.3
Voting
18
9.4
Bylaws
19
9.5
Management of the Association by the Board
19
9.6
Authority of the Association
21
9.7
Rules
22
9.8
Association Records
23
9.9
Examination of Records
24
9.10
Financial Statements
24
9.11
Association Funds
24
9.12
Borrowing
24
ARTICLE 10
COVENANT FOR ASSESSMENTS
25
10.1
Creation of Lien and Personal Obligation of Assessment
25
10.2
Purpose of Assessments
25
10.3
Initial Assessment
25
10.4
Commencement of Assessments
25
10.5
Annual Assessments
25
10.6
Special Assessments
26
10.7
Initial Payment for Working Capital
26
10.8
Estimated Budget and Assessments
26
10.9
Payment By Owners
27
10.10
Interest, Late Charges, Expenses and Attorneys' Fees
27
10.11
Payment by Mortgagees
27
10.12
Surplus Funds
27
10.13
Record of Assessments; Reconciliation
27
10.14
Uniform Rate of Assessment
28
10.15
Owner Misconduct
28
10.16
Reserve Study
28
ARTICLE 11
LIEN FOR ASSESSMENTS; COLLECTION
29
11.1
Lien in Favor of Association
29
11.2
Priority of Association Lien
29
11.3
Recording Not Required
30
11.4
Limitations on Enforcement
30
11.5
Enforcement of Lien
30
11.6
Appointment of Receiver
30
11.7
Personal Liability of Lot Owners
31
11.8
Statement of Assessment
31
ARTICLE 12 ENFORCEMENT 31
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12.1 Enforcement
31
12.2 Fines
31
12.3 Remedies
31
12.4 Waiver
31
12.5 Costs and Attorney Fees
32
ARTICLE 13
EASEMENTS
32
13.1 Garage Easements
32
13.2 Utility and/or Access Easements
33
13.3 Association Functions
34
13.4 Release and Indemnification
34
13.5 Running with the Land
34
ARTICLE 14
INSURANCE
34
14.1 Insurance provided by the Association
34
14.2 Insurance Not Available
35
14.3 Lot Owner's Insurance
35
14.4 Common Area Repair and Replacement
35
14.5 Lot Building Repair and Replacement
35
14.6 Special Policy Requirements
36
ARTICLE 15
LIMITATION OF LIABILITY; INDEMNIFICATION
37
15.1 Limitation of Liability
37
15.2 Indemnification
37
PART IV MISCELLANEOUS
39
ARTICLE 16
DEVELOPMENT PERIOD; DEVELOPER'S RIGHTS DURING DEVELOPMENT
PERIOD
39
16.1 Development Period
39
16.2 Developer's Authority During Development Period
39
ARTICLE 17
MORTGAGEE PROTECTION
39
17.1 Before Possession
39
17.2 During Foreclosure
39
17.3 During Possession
40
17.4 Unpaid Assessments
40
ARTICLE 18
AMENDMENT OF DECLARATION
40
18.1 Developer's Reserved Rights
40
18.2 Amendment by Members
40
18.3 Exceptions
40
18.4 Corrective Amendments
40
18.5 Limitation of Action
41
ARTICLE 19
NOTICE
41
19.1 Tangible Medium
41
19.2 Electronic Transmission
41
19.3 When Effective
42
ARTICLE 20
GENERAL PROVISIONS
42
20.1 Covenant Running with the Land
42
20.2 Termination
42
20.3 Subordination
42
20.4 Severability
42
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20.5
Gender
42
20.6
Headings
42
20.7
Inflationary Increases in Dollar Limits
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DECLARATION OF PROTECTIVE COVENANTS
FOR MIRROR LAKE HIGHLAND COTTAGES
A Plat Community
This Declaration of Protective Covenants for Mirror Lake Highland Cottages, a Plat Community
(this "Declaration") is made as of 2018 by Mirror Lake Highland, LLC
("Developer").
RECITALS AND DECLARATION
Developer is the Developer and owner of the real property and improvements thereon legally
described in Exhibit A, known as Mirror Lake Highland Cottages, a Plat Community (the "Property" or
"Mirror Lake Highland Cottages"). The Property is comprised of the real property legally described on
Exhibit A attached hereto and shown on maps recorded with the King County Recorder under Recording
No.
Developer hereby publishes and declares that the Property shall be held, sold, conveyed,
encumbered, leased, rented, used, occupied, and improved subject to the following covenants, conditions,
restrictions, easements, reservations, and agreements, all of which are for the purpose of enhancing and
protecting the character, attractiveness, and desirability of Mirror Lake Highland Cottages. Those
covenants, conditions, restrictions, easements, and reservations, shall run with the Property and shall be a
burden upon and a benefit to the Property 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.
The Developer intends that the Property will be a community in every sense of the word and that
the Owners of Lots within the Mirror Lake Highland Cottages community will work together to form
strong and mutually beneficial bonds. The design of the buildings and other improvements within the
community is intended to encourage interaction among residents. Developer hopes that the Owners will
find the Property a satisfying place to live for many years.
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PART
DEFINITIONS
ARTICLE 1 DEFINITIONS
1.1 Act
The term "Act" shall mean the Washington Uniform Common Interest Ownership Act, [2018
Washington Laws Ch. 277 (SSB 6175); RCW 64. 1, as it shall be amended from time to time.
1.2 Assessments
The term "Assessments" means all sums chargeable by the Association against a Lot, including
any assessments levied pursuant to ARTICLE 10, fines or fees levied or imposed by the Association
pursuant to the Act or the Governing Documents, interest and late charges on any delinquent account, and
all costs of collection incurred by the Association in connection with the collection of a delinquent Lot
Owner's account, including reasonable attorneys' fees.
1.3 Association
The term "Association" means the Mirror Lake Highland Cottages Owners Association, an
association of Lot Owners of Mirror Lake Highland Cottages acting collectively in accordance with its
governing documents and this Declaration.
1.4 Board
The term "Board" means the Board of Directors of the Association which shall have all powers
authorized by this Declaration and the governing documents of the Association.
1.5 Building
The term "Building" means any building or structure constructed or located within Mirror Lake
Highland Cottages, and all appurtenances thereto.
1.6 Common Area
The term "Common Area" means Common Area `A' as shown on the Map and any other areas
owned by the Association and/or the Lot Owners for the common use and enjoyment of all of the Lot
Owners, and includes, but is not limited to, the commons building, garage buildings (subject to Garage
Easements pursuant to Section 13.1), view decks, garbage and recycling facilities, storm water
management system and roads. Any streets or other areas dedicated or conveyed to a governmental entity
for public use are not Common Area. In the event the Common Area described on the recorded Map is
different from those described herein, the Common Area described on the Map shall be deemed the
Common Area unless this Declaration has been amended or modified to change the Common Area shown
on the Map. The term "Common Area" shall have the same meaning as the term "Common Element" as
defined in the Act, except to the extent defined otherwise in this Declaration.
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1.7 Common Expenses
The term "Common Expenses" means any expense of the Association, including allocations to
reserves, allocated to all of the Lot Owners in accordance with common expense liability set forth in
Section 10.14.
1.8 Declaration
The term "Declaration" means this Declaration of Protective Covenants for Mirror Lake Highland
Cottages, a Plat Community.
1.9 Design Review Committee
The term "Design Review Committee" or "DRC" means the Design Review Committee formed
pursuant to ARTICLE 4.
1.10 Developer
The term "Developer" means Mirror Lake Highland, LLC, or a person or entity to which it
assigns its rights as Developer. The term "Developer" shall have the same meaning as the term
"Declarant" as defined in the Act, except to the extent defined otherwise in this Declaration.
1.11 Development Right
The term "Development Right" means the any right or combination of rights to: (a) add real
estate or improvements to Mirror Lake Highland Cottages; (b) create Lots or common elements, or
limited common elements within Mirror Lake Highland Cottages; (c) subdivide or combine Lots or
convert Lots into Common Area; (d) withdraw real estate from Mirror Lake Highland Cottages; or (e)
reallocate Garage Easements with respect to Lots that have not been conveyed by Developer.
1.12 Electronic Transmission
The terms "Electronic Transmission" or "Electronically Transmitted" mean any electronic
communication (a) not directly involving the physical transfer of a Record in a Tangible Medium and (b)
that may be retained, retrieved, and reviewed by the sender and the recipient of the communication, and
that may be directly reproduced in a Tangible Medium by a sender and recipient.
1.13 Governing Documents
The term "Governing Documents" means articles of incorporation and Bylaws of the Association,
Map, Declaration, rules, or other written instrument by which the Association has the authority to exercise
any of the powers provided for in the Act or to manage, maintain, or otherwise affect the Property.
1.14 Lot
The term "Lot" means any one of the residential lots located within the Property as shown on the
Map. The term "Lot" shall have the same meaning as the term "Unit" as defined in the Act, except to the
extent defined otherwise in this Declaration.
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1.15 Lot Owner
The term "Lot Owner" means 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 Developer shall be the Lot Owner until it sells the Lot, but the
Developer shall not be liable for Assessments and fees and may be expressly excluded from other
obligations to the Association as stated herein. The term "Lot Owner" shall have the same meaning as the
term "Unit Owner" as defined in the Act, except to the extent defined otherwise in this Declaration.
1.16 Map
The term "Map" means the official plat map recorded with the King County Recorder under
Recorder's File No.
1.17 Member
The term "Member" means every Lot 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.
1.18 Mortgage
The term "Mortgage" means a mortgage, deed of trust or real estate contract covering a Lot or
other portion of the Property.
1.19 Mortgagee
The term "Mortgagee" means an institutional lender (i.e., a bank, savings and loan association,
insurance company, FHA -approved mortgage lender, or FannieMae), which is the holder of a note and
mortgage or the beneficiary of a deed of trust covering a Lot or other portion of the Property, and shall
also mean the vendor under a real estate contract covering a Lot.
1.20 Period of Developer Control
The term "Period of Developer Control" means that period of time beginning on the date that this
Declaration is recorded and continuing until the earliest of: (a) sixty (60) days after conveyance of
seventy-five percent of the Lots that may be created to Lot Owners other than Developer; (b) two (2)
years after the last conveyance of a Lot, except to a dealer; (c) two (2) years after any right to add new
Lots was last exercised; or (d) the day the Developer, after giving notice in a record to Lot Owners,
records an amendment to the Declaration voluntarily surrendering all rights to appoint and remove
officers and board members.
1.21 Property
The term "Property" means the Property referred to herein as Mirror Lake Highland Cottages as
more specifically described in Exhibit A, attached hereto and by this reference made a part hereof.
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1.22 Record
The term "Record," when used as a noun, means information inscribed on a Tangible Medium or
contained in an Electronic Transmission.
1.23 Special Declarant Rights
The term "Special Declarant Rights" means rights hereby reserved for the benefit of the
Developer to: (a) complete any improvements indicated on the map or described in the declaration or the
public offering statement pursuant to [section 403(1)(h) of the Act]; (b) exercise any Development Right;
(c) maintain sales offices, management offices, signs advertising Mirror Lake Highland Cottages, and
models; (d) use easements through the Common Area for the purpose of making improvements within the
Property; (e) appoint or remove any officer or Board member of the Association or to veto or approve a
proposed action of the Board or the Association, pursuant to [section 304 of the Act]; (f) control the
Design Review Committee and any other construction, design review, or aesthetic standards committee or
process; (g) attend meetings of the Lot Owners and, except during an executive session, the Board; and
(h) have access to the records of the Association to the same extent as a Lot Owner.
1.24 Tangible Medium
The term "Tangible Medium" means a writing, copy of a writing, facsimile, or a physical
reproduction, each on paper or on other tangible material.
1.25 Writing
The term "Writing" does not include an Electronic Transmission.
1.26 Written
The term "Written" means embodied in a Tangible Medium.
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PART II
RIGHTS AND OBLIGATIONS OF OWNERS;
PROPERTY PROTECTIONS AND RESTRICTIONS
ARTICLE 2 PROPERTY USE
2.1 Number of Lots
Developer has created sixteen (16) Lots.
2.2 Residential Use of Property
The Lots shall be used only for single family residential purposes, on an ownership, rental or
lease basis, and for social, recreational or other reasonable uses normally incident to such purposes.
2.3 Home Businesses
A Lot Owner may conduct a home trade or business within the Owner's Lot, provided that (a) the
existence or operation of the trade or business activity within the Lot is not apparent or detectable by
sight, sound or smell from the exterior of the Lot; (b) the trade or business activity conforms to all
applicable zoning requirements; (c) the trade or business activity does not involve persons coming onto
the Property; (d) the trade or business activity does not increase the liability or casualty insurance
obligation or premium of the Association; (e) the trade or business activity does not cause an increase in
the consumption of utilities or trash collection services paid for by the Association as a Common
Expense; and (f) the trade or business activity is consistent with the residential character of the Lots and
does not constitute a nuisance or hazardous or offensive use, as determined in the sole discretion of the
Board. The Board shall have final authority to determine if a home trade or business conducted on a Lot
is in compliance with this Section.
2.4 Parking Certain Vehicles
Parking outside of garages is restricted to parking of operative automobiles. No motor vehicle
exceeding one ton load capacity as classed by manufacturer rating, recreational vehicle, mobile home,
travel trailer, tent trailer, utility trailer, camper, boat, boat trailer, detached camper, camper shell or other
similar vehicles or equipment (each a "Prohibited Vehicle") may be parked, stored, maintained,
constructed, reconstructed or repaired on any Lot or Common Area within the Property. 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 (48) hours in any calendar month.
2.5 Use of Garage
Lot Owners shall keep garages clear enough of stored goods, tools, and other materials so that the
garage may accommodate the number of vehicles for which it is designed. Lot Owner's vehicles shall be
parked in the garage before other parking in the Common Area may be used by the Lot Owner or its
guests or invitees. The Association may adopt rules and regulations which control the use of garages and
parking in the Common Area.
2.6 Motor Vehicles
No automobile, motorcycle, motorbike, or other motor vehicle shall be constructed,
reconstructed, repaired or rebuilt, and no inoperable or unlicensed vehicle may be stored or parked, upon
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any Lot or Common Area within the Property; provided, however, that this Section 2.6 shall not apply to
emergency vehicle repairs which require less than twenty-four (24) hours to complete.
2.7 Common Storage Shed
The storage shed(s) is a Common Area to be used for storage only. No equipment shall be
operated therein, nor shall any activity be conducted therein which will cause any sound or vibration so as
to disturb the quiet use and enjoyment of any Lot Owner. The Association may adopt rules and
regulations which control the use of the storage shed.
2.8 Storage on Lots
No storage on porches, under decks or overhangs or anywhere else on any Lot which is visible
from any point outside the Lot shall be permitted. The DRC may approve free-standing storage lockers or
sheds located on the side or behind a Building on a Lot.
2.9 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 (a) name and address signs subject to approval by the DRC pursuant to
ARTICLE 4; (b) "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; (c) signs
required by legal proceedings (and then the sign shall be no larger than eighteen (18) inches by twenty-
four (24) inches, unless mandated by statute or court order); (d) 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); and (e) promotional and sales signs of the Developer and/or its agents. The
Association may establish and maintain on the Common Area permanent monuments (entry signage),
Common Area identification signs, safety -related signs and a "For Sale" or "For Rent" sign for one (1) or
more Lots.
holiday.
2.10 Lighting
Decorative holiday lighting shall be removed no later than thirty (30) days after the date of the
2.11 Animals
Up to dogs and cats, and birds, small mammals (such as
hamsters, gerbils, and rabbits) if kept within the Building on the Lot Owner's Lot, and fish may be kept by
any Lot Owner; provided, that the keeping of pets shall be subject to such reasonable rules and
regulations as the Board may from time to time adopt. No other animals, including but not limited to
snakes and other reptiles, chickens, livestock and wild animals, shall be kept anywhere on the Property.
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. The Association shall have the right to exclude any animal
from the Property even though it allows other animals to remain. When not confined to the Owner's Lot,
pets within the Property 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 Board, at its sole discretion. The Board may after notice and an
opportunity to be heard require the removal of any animal which the Board in the exercise of reasonable
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discretion finds to be not well mannered or to be disturbing to other Lot Owners unreasonably, and may
exercise this authority for specific animals even though other animals are permitted to remain.
2.12 Plants
No invasive or damaging plants shall be planted within the Property without the approval of the
Board. Landscape material (shrubs and trees) greater than five feet (5') in height are allowed in private
yards provided that no landscaping shall be permitted to (a) grow to a size not in keeping with the scale of
the landscaping and improvements on the Property, (b) create a hazard to neighboring homes, (c) limit
maintenance access to neighboring homes, or (d) become a maintenance liability for the Association.
Specifically, no trees will be planted that will, at maturity, grow to be greater than twenty feet (20') in
height. No shrubs or trees shall be planted that will grow to a size, at maturity, to touch any Building.
Lot Owners are encouraged to plant dwarf varieties of trees and shrubs. Lot Owners are encouraged not
to plant heavy suckering, invasive and spreading plants (such as bamboo and sumac) that may spread to
surrounding Common Area or neighboring yards. The DRC, in its sole discretion, may grant a written
waiver of this Section, upon written application by a Lot Owner as provided in this Declaration.
2.13 Trash Disposal
Neither trash, debris nor rubbish of any kind shall be dumped, allowed to accumulate or
maintained on any Lot or Common Area. All garbage and other waste shall be placed in the trash and
recycling containers provided on the Common Area adjacent to the garages. Any sanitary containers shall
be concealed from view from the street and from adjoining Lots. 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 Area. The individual Lot Owner shall be solely
responsible to remove and dispose of all such materials. Should any Lot Owner fail to comply with this
covenant notice and an opportunity to be heard notice, then the Association may have said materials
removed and charge the expense of removal to said Lot Owner, which shall be collectible as a special
assessment. No outside incinerators are allowed on any Lot.
2.14 Unsightly Conditions
No Lot Owner shall permit any unsightly condition to exist on the Owner's Lot. Unsightly
conditions shall include, without limitation, litter, trash, junk or other debris; inappropriate, broken,
damaged or ugly furniture or plants; non -decorative 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 DRC, in its sole discretion, may grant a written waiver of this Section, upon written
application by a Lot Owner as provided in this Declaration.
2.15 Antenna
An antenna, satellite dish or other device for the transmission or reception of television or radio
(including ham radio) signals, or any other similar device may be located, used or maintained outdoors on
any Lot only if such device is screened from view from other Lots and the street. However, the DRC
shall approve installation of any such device one (1) meter or less in diameter without such screening if
the Lot Owner desiring to install such device demonstrates to the Committee that such screening would
unreasonably delay or prevent installation, maintenance, or use of such device, unreasonably increase the
cost of installation, maintenance or use of such device, or preclude reception of an acceptable quality
signal. The DRC shall review and grant an exception for such device on a case -by -case basis upon
written request by such Lot Owner desiring an exception.
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2.16 Air Conditioning Unit
No window air conditioning units may be installed in any Lot. For purposes of this Section 2.16,
an air conditioning unit for which the motor is located entirely within the interior of a Building, even if
the exhaust hose or other venting of the unit protrudes through a window to the exterior of the Building,
shall not be deemed a window air conditioning unit.
2.17 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.
2.18 Oil Drilling, Etc.
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.
2.19 Motors
No device which contains a motor or otherwise creates noise, such as a pond pump or hot tub
pump, may be installed, maintained or used outside of a Lot Structure; except that tools with motors, such
as lawn mowers, edgers, hedge shears, etc., may be used subject to such reasonable rules and regulations
as the Board may from time to time adopt.
2.20 Yard Art
No yard pieces or yard art, including but not limited to sculptures, statues, and other freestanding
or attached works, whether for decoration or otherwise, more than twelve inches (12") tall or twelve
inches (12") wide shall be permitted outside of the Buildings and within view from the street without
prior written approval of the DRC.
2.21 Nuisances
No noxious or offensive activities shall be carried on, in or upon any Lot or Common Area, nor
shall anything be done therein which may be or become an annoyance or nuisance to other Lot Owners.
No odors or loud noises shall be permitted to arise or emit from any Lot or Common Area 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.
2.22 Hazardous Activities
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 I ighted
or permitted on the Property, except in a contained outdoor fireplace, fire pit or barbecue unit while
attended, provided that such fire shall nonetheless be subject to the restrictions set forth in Section 2.21.
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2.23 Development Activities Exempted
Nothing in this Declaration shall prevent Developer, 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 Developer deems necessary in
order to accomplish such purpose. As used in this Section, "successors and assigns" shall not include
purchasers of Lots improved with completed residences.
2.24 Violations
The Board or its authorized representative may give written notice of a violation of the
restrictions of this Declaration to the Lot Owner or occupant, who shall have the period set forth in rules
adopted by the Board from the date of receipt of said written notice to take whatever actions are necessary
to remedy said violation. If the Lot Owner or occupant fails to comply within said period, the Board may
take whatever actions are necessary to bring the Lot Owner into compliance with these restrictions,
including but not limited levying reasonable fines after notice and an opportunity to be heard. The Lot
Owner or occupant in violation shall be responsible for paying all costs associated with enforcing these
restrictions (including attorney fees) and the Association may collect such amounts as provided in
ARTICLE 10. Said Lot Owners hereby grant to the Association an express easement for the purpose of
enforcing these restrictions.
ARTICLE 3 LEASING
3.1 General
Although Developer intends to sell the Lots as owner -occupied Lots, Developer or any Lot
Owner may lease the Lots, except as otherwise limited herein. No Lot may be leased by any party for a
period of less than twelve (12) months, except that Developer may lease a Lot for a shorter period prior to
its initial sale pursuant to a bona fide purchase and sale agreement. Each lease agreement shall be in
writing, a copy shall be filed with the Board, and by its terms shall provide that the terms of the lease
agreement are subject in all respects to the provisions of the Governing Documents. Any failure by the
lessee to comply with the terms contained in said documents shall be a default in any lease agreement.
No Owner may lease less than an entire Lot. The Association shall supervise all leasing or subleasing of
Lots to ensure compliance with this Section, and the Board may create reasonable rules and regulations
regarding such leasing and subleasing. The Association shall not consent to any lease or sublease
agreement, the effect of which will result in noncompliance with this Section.
3.2 Limitations on Number of Rental Lots
Except as an approved temporary, hardship or emergency circumstance pursuant to Section 3.4,
no Lot may be leased until two (2) years following the date of recording of this Declaration, and
thereafter no more than of the Lots shall be leased at any time.
3.3 Waiting List
If the maximum number of permitted Lots are leased, then the Board shall establish and maintain
a waiting list for Owners of Lots which are not leased who wish to begin leasing their Lots. At such time
as the number of leased Lots drops below the maximum number of permitted leased Lots, the first Lot
Owner on the waiting list shall be permitted to begin leasing his or her Lot, the second Owner on the
waiting list shall move to first position, and so forth. Following termination of a lease agreement, a Lot
Owner of a leased Lot must lease said Lot to a new lessee within sixty (60) days, or the Owner of said Lot
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will automatically lose his or her priority as a rental, and if said Owner then wishes to lease the Lot again,
the Owner must place his or her name on the bottom of the waiting list. Upon sale or transfer of any
interest in any Lot to a new Owner, except for transfers in foreclosure, a deed in lieu of foreclosure, and
transfers for security purposes only, the new Owner of such Lot shall not have any priority as a permitted
rental and shall be subject to the limitations on the number of leased Lots set forth herein. If the new Lot
Owner desires to lease the Lot, said Owner shall place his or her name on the waiting list.
3.4 Hardships
Notwithstanding the limitations on the number of leased Lots herein, upon application by a Lot
Owner and written approval of the Board, the Association may permit one or more Lots to be leased in
certain temporary, hardship or emergency circumstances, including but not limited to job relocation,
disability, difficulty buying or selling another residence, and other circumstances deemed appropriate by
the Board on a case -by -case basis. Such approval shall be granted for a maximum of twelve (12)
consecutive months. No lease agreement for such a Lot granted such approval shall be for a term which
extends beyond the period approved by the Board. If the Lot Owner of such Lot desires to continue to
lease the Lot after the end of such twelve (12) month period, the Owner shall place his or her name on the
waiting list.
3.5 Rules and Regulations
The Board may adopt such reasonable rules and regulations as it deems necessary to implement,
monitor and enforce the leasing limitations set forth herein.
ARTICLE 4 DESIGN REVIEW
4.1 Design Review Committee
A Design Review Committee is hereby established as a special committee of the Association.
The DRC shall consist of three (3) or more Lot Owners. The Board may appoint itself as the DRC. A
majority of the DRC may designate a representative to act for it. In the event of death or resignation of
any member of the DRC, the remaining members shall have full authority to designate a successor or to
act alone. Any member of the DRC may be removed at any time and for any reason by the Board.
Neither the members of the DRC nor its designated representative, shall be entitled to any compensation
for services performed as a member of the DRC. The Association may adopt rules to supplement the
criteria, standards and procedures set forth in this ARTICLE 4 or elsewhere in this Declaration.
4.2 Authority
Except as otherwise set forth in ARTICLE 15, (a) the DRC shall review all proposed construction
for compliance with the building and construction restriction sets forth in ARTICLE 5 or elsewhere in the
Governing Documents, and (b) the DRC 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.
4.3 Submission of Plans
No structure on a Lot shall be constructed or caused to be constructed, modified or enlarged
unless the plans for the structure have been approved in writing by the DRC. At least forty-five (45) days
prior to commencement of construction, a Lot Owner or prospective Lot Owner shall submit one copy of
materials adequate to allow review of a proposed action for each DRC member, plus one additional copy
for the files of the DRC. Submittals must include, at minimum: (a) site plan; (b) exterior elevations (all
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sides); (c) color board showing all exterior colors and materials; and (d) landscape and exterior lighting
plan. The DRC may request additional information or details.
4.4 Approval of Plans
The DRC shall approve or disapprove of such plans within thirty (30) days of delivery of all
items required by Section 4.3. The DRC shall grant written approval upon two-thirds (2/3) affirmative
vote of the DRC. The DRC's decision shall be in writing. The DRC shall have the right to approve a
proposal subject to compliance with conditions established by the DRC. If the DRC fails to approve or
disapprove a plan within the thirty (30) day period, approval shall not be required, and this Article shall
be deemed to have been fully complied with. The decisions of the DRC are final.
4.5 Criteria
The DRC shall consider the following criteria in approving or rejecting the plans submitted to it:
(a) the harmony of the external design, color and appearance of the proposal in relationship to the
character of the Mirror Lake Highland Cottages community and 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 pursuant to this Declaration.
4.6 Effect of Design Review Committee Approval
The DRC's approval of any plan shall not constitute any warranty or representation by the DRC,
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.
4.7 No Liability
The Members of the DRC shall have no personal liability for any action or decision made by the
DRC. By acceptance of a deed to any Lot, the Lot Owner agrees and covenants not to maintain any
action against any Member of the DRC which seeks to hold that Member personally or individually liable
for damages relating to or caused by any action or decision of the DRC. Each Lot Owner hereby releases
any and all claims of any nature whatsoever against any member of the DRC, the Board, and the
Association, their heirs, successors and assigns related to the engineering, structural integrity, sufficiency,
compliance of any plans approved by the DRC.
4.8 Conduct of Construction
4.8.1 Contractor. All construction contractors performing work on any Lot shall be
licensed as a general contractor or a specialty contractor by the State of Washington.
4.8.2 Reconstruction. In the event of major repairs to or reconstruction of a Building
on a Lot due to fire, earthquake or other casualty or otherwise, or in the event of any construction
approved by the DRC, the easement for use and enjoyment of the Common Area for the benefit of each
Lot Owner set forth in Section 7.1 shall include the right of each Lot Owner, its employees, contractors
and agents, for ingress, egress and temporary storage to (a) remove construction and other debris from an
Owner's Lot, and (b) deliver materials, equipment and labor for construction or reconstruction of the
Building, landscaping and appurtenances on the Owner's Lot. Said removal of debris and delivery of
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materials, equipment and labor shall be conducted in such a manner as to reasonably minimize the
disturbance to other Lot Owners and to the Common Area. Any Lot Owner damaging or disturbing the
Common Area shall restore the Common Area to its condition immediately prior to said damage or
disturbance. A Lot Owner may create a staging area on the Common Area for the temporary storage of
construction materials and equipment during the course of construction, but in no case shall such staging
area be permitted for more than fifteen (15) days without the prior consent of the Board. The location and
size of the staging area shall be subject to the reasonable approval of the Board. Temporary buildings or
structures used during construction or reconstruction on any Lot shall be removed immediately after
completion of construction or upon request of the DRC, whichever occurs first.
ARTICLE 5 BUILDING AND CONSTRUCTION RESTRICTIONS
Lot.
All Buildings on a Lot are subject to the following restrictions:
5.1 Single Family Residence
Only one (1) single-family residence ("house") may be constructed or permitted to remain on a
5.2 Local Codes
All Buildings or structures shall be constructed in accordance with King County and any other
applicable codes. In the event of a conflict between any applicable codes and this Declaration, the codes
shall govern.
5.3 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 Mirror Lake Highland Cottages. Siding shall
be solid fiber -cement and wood product or approved wood by-product. 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. The exterior finish, including
but not limited to the materials, paint colors, trim and roofing colors and materials shall be subject to
review and approval of the DRC pursuant to ARTICLE 4
5.4 Fences
Fences may be erected only upon the approval of the DRC. Nothing in this Section 5.4 shall
prevent the erection of a retaining wall up to two feet (T) high. No fence, wall, hedge or mass planting on
the perimeter of a Lot shall at any time extend higher than five feet (5') above the ground, except for
necessary retaining walls or rockeries which conform to the King County Building Codes. No wire
fences shall be used unless approved by the DRC.
5.5 Roofing
The roof shall be an architectural composition roof with at least a thirty (30) year life.
Replacement roofing shall be the same as or similar to the existing roof, unless otherwise approved by the
DRC.
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5.6 Prefabricated Buildings.
No prefabricated Buildings or structures of any nature whatsoever, specifically including mobile
homes, permanent or temporary, shall be moved, placed, constructed or otherwise maintained on any Lot.
5.7 Lighting
All area lighting shall be designed and positioned to ensure that the light source does not shine
directly at or into any other house within the Property.
5.8 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.
5.9 Storage Sheds and Outside Storage
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 DRC.
5.10 Landscaping
Landscaping of the Lot on which such house is constructed shall be fully completed within one
hundred eighty (180) days of occupancy by the first residential buyer of the house on said Lot.
Landscaping shall emphasize plantings and other features which shall complement and enhance the
existing character of Mirror Lake Highland Cottages. Each Lot Owner shall ensure that their landscaping
is maintained to provide a neat and attractive appearance.
5.11 Grading
The grading 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.
5.12 Utility 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.
5.13 Solar Energy Panels
Solar energy panels may be installed within a Lot so long as the solar energy panel: (a) meets
applicable health and safety standards and requirements imposed by Washington State and local
permitting authorities; (b) if used to heat water, is certified by the solar rating certification corporation or
another nationally recognized certification agency for both the solar energy panel and for installation.; and
(c) if used to produce electricity, meets all applicable safety and performance standards established by the
national electric code, the institute of electrical and electronics engineers, accredited testing laboratories,
such as Underwriters Laboratories, and, where applicable, rules of the utilities and transportation
commission regarding safety and reliability. Solar energy panel frames, support brackets, or any visible
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piping or wiring shall be painted to coordinate with the roofing or other adjacent material. Solar energy
panels may be attached to the slope of a roof facing the street only if the panel conforms to the slope of
the roof and the top edge of the panel is parallel to the roof ridge. Ground -mounted solar energy panels
must be shielded if shielding the panel does not prohibit economic installation of the solar energy panel or
degrade the operational performance quality of the solar energy panel by more than ten percent (10%).
ARTICLE 6 EXTERIOR AND COMMON AREA MAINTENANCE
6.1 Lot Owners' Obligations
Each Lot Owner shall maintain the Owner's Lot, including the exterior of the Building, in good
condition and repair, adequately painted or otherwise finished, and in the same condition as a reasonably
prudent homeowner would maintain his or her own home so that the Property will reflect a high pride of
ownership. The Board may determine when such exterior maintenance is required in order to maintain
the well -kept, neat appearance of all Lots in Mirror Lake Highland Cottages. Such determination shall
include, but not be limited to, the need to:
(a) Paint any Building or fence;
(b) Caulk and touchup paint on building exterior;
(c) Repair or replace items such as windows, roofs, fences, or alarm systems;
(d) Maintain and keep up lawn areas and landscaping;
(e) Repair and maintain all roof drains and area storm drains; or
(f) Remove Prohibited Vehicles and similar items described in ARTICLE 2 from the Lot.
6.2 Association Right to Perform Maintenance
If any Lot Owner fails to maintain the Building or landscaping on the Owner's Lot to the
standards set forth above, the Association may notify said Lot Owner in writing of the maintenance
required. If said notice is delivered to the non -performing Lot Owner and the noted condition is not
remedied after a period of thirty (30) days, the Association, through its agents and employees, shall have
the right (but not the obligation) to enter upon said Lot and provide such maintenance, and levy an
assessment against the non -performing Lot Owner and his Lot for the costs of providing said
maintenance. Said assessment shall constitute a lien against the Lot owned by the non -performing Lot
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 ARTICLE 10 of this Declaration.
6.3 Common Area Maintenance
The Association shall maintain the Common Area, including but not limited to the garages
(except the interior of the garages), Commons Building, storm water system, roads, landscaping within
the Common Area and all other Common Area shown on the Map or designated herein, as required or
advisable. The Association may provide such additional common maintenance which it determines to be
in the best interest of the Lot Owners. All costs of goods and services reasonably necessary or convenient
for the efficient and orderly maintenance of all portions of the Common Area shall be paid as a Common
Expense of the Association.
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ARTICLE 7 PROPERTY RIGHTS IN THE COMMON AREA
7.1 Association Control of Common Area
As set forth on the Map, the Association owns Common Area W. Subject to the Developer's
rights set forth in Section 7.3 and ARTICLE 16, the Association shall manage and control the Common
Area on behalf of and in the interest of the Lot Owners. Each Lot Owner shall have a non-exclusive
easement and right to the use and enjoyment in and to the Common Area.
7.2 Restrictions on Use of Common Area
Except with regard to utility or other easements shown on the Map or hereafter granted by the
Association, the Common Area may be used only by Lot Owners and their guests. The Common Area
shall also be subject to the other restrictions, limitations and reservations contained or provided for in this
Declaration, the Bylaws and/or the rules and regulation adopted by the Association.
7.3 Buffers
No change of use of any buffer or open space shall be deemed a waiver of King County's right to
enforce buffer or open space use restrictions set forth on the Map or in this Declaration.
7.4 Conveyance of Common Area
Portions of the Common Area may be conveyed or subjected to a security interest by the
Association if Lot Owners entitled to cast at least eighty percent (80%) of the votes in the Association,
including eighty percent (80%) of the votes allocated to Lots not owned by Developer, agree to that
action; but all Lot Owners of Lots in which any Garage Easement is allocated must agree to convey that
Building in which the Garage is located or subject it to a security interest. An agreement to convey
Common Area must be evidenced by the execution of an agreement, or ratifications of an agreement, in
the same manner as a deed, by the requisite number of Lot Owners. The agreement must specify a date
after which the agreement will be void unless recorded before that date.
7.5 Developer's Rights in the Common Area
The Developer shall have and hereby reserves for itself, its successors and assigns, an easement
for the right, during the Development Period and any period thereafter in which Developer is a Lot
Owner, to utilize the Common Area for its business uses and purposes, including, but not limited to,
completion of improvements thereon and other uses and purposes related to the construction, promotion
and development of Mirror Lake Highland Cottages. The Developer may add to or subtract from the
Common Area during the Development Period as defined in Section 16.1 by an amendment to this
Declaration. Until the termination of the Development Period, Developer reserves the right to withdraw
any undeveloped part of the Property from this Declaration and to dedicate, transfer or convey to any
state, county, municipal or other governmental entity any such part of the Property. The rights reserved to
Developer in this Section 7.5 shall be exercised by Developer at Developer's sole discretion. Upon
termination of the Development Period, said Developers easement shall automatically terminate. Control
and the management and administration of the Common Area shall vest in the Association at the end of
the Development Period subject to the Developer's aforementioned rights of use.
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ARTICLE 8 GENERAL PROTECTIVE COVENANTS
8.1. Partition!
No part of the Property shall be partitioned, nor shall any Lot Owner or any person acquiring any
interest in the Property or any part thereof seek judicial partition, except in accordance with the express
provisions of this Declaration.
8.2 Subdivision or Combination
No Lot or any part of the Property shall be divided or combined except upon the written approval
of sixty-seven percent (67%) of the Members and only to the extent permitted by all applicable provisions
of the King County Code. Following approval by the Members, the Association shall file with the King
County Recorder an amendment to this Declaration as may be necessary to describe fully such combined
or subdivided Lot or Lots or Property.
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PART III
MANAGEMENT AND OPERATION OF THE OWNERS ASSOCIATION
ARTICLE 9 MIRROR LAKE HIGHLAND COTTAGES OWNERS ASSOCIATION
9.1 Establishment
There is hereby created an association to be called "Mirror Lake Highland Cottages Owners
Association." The Association shall be a nonprofit corporation formed and operated pursuant to RCW
24.03 and the Act.
9.2 Membership
The membership of the Association at all times consist exclusively of all Lot Owners. Each Lot
Owner shall automatically become a member of the Association and shall be subject to its Bylaws and
such rules and regulations as may from time to time be adopted by the Association. The membership
shall be appurtenant to and non -severable from the Ownership of each Lot. The membership shall
automatically pass to the succeeding Lot Owner with the conveyance of each Lot.
9.3 Voting
9.3.1 Number of Votes. For the purposes of determining voting rights and with respect
to the administration of the Property, through the Association, the total voting power of all Lots shall be
equal to the number of Lots in the Property. Each Lot shall have one (1) vote. Whenever the approval of
a stated percentage of the Lot Owners is required in this Declaration or the Bylaws, unless expressly
stated otherwise, the percentage shall be determined by reference to the voting power of the Lots as
defined above.
9.3.2 Person Authorized to Vote. There shall be one (1) voting representative for each
Lot. The voting representative shall be designated by the Lot Owner or Owners of each Lot by written
notice to the Board and need not be a Lot Owner. The designation may be revoked at any time by the Lot
Owner or Owners by written notice to the Board, and the death or judicially declared incompetence of the
Lot Owner shall revoke the designation, provided that such designation shall not be effective until the
Board has been notified thereof. The powers of designation and revocation may be exercised by the
guardian, trustee, personal representative, administrator or executor of a Lot Owner or his estate. Where
no designation is made, or where a designation has been made, but is revoked and no new designations
have been made, the voting power of each Lot shall be the group composed of all of its Owners; and the
Association may recognize the vote of any one or more of such Owners present in person or by proxy at
any meetings of the Association as the vote of all such Owners. If there is more than one such Owner and
they do not vote unanimously, the Association may divide the vote in accordance with their respective
interests if they shall agree thereon or have furnished sufficient written evidence thereof. Otherwise, the
vote for that Lot may be disregarded by the Board. For purposes of electing members of the Board, the
Lot Owners may use cumulative voting.
9.3.3 OwnershiR of More Than One Lot. A person who owns more than one Lot shall
be entitled to exercise the votes for the combined total of all Lots owned. Developer and any person
acquiring under or by virtue of foreclosure of a deed of trust or a deed in lieu of a deed of trust shall be
entitled to the same voting privileges as other Lot Owners.
9.3.4 Quorum. A quorum of Lot Owners at any annual or special meeting of the
Association shall be the presence, in person or by proxy, of persons holding five (5) or more of the total
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votes, unless otherwise expressly provided herein. If a quorum is present at any such meeting, any action
may be taken by an affirmative vote of a majority of the total votes present at the meeting, except as
otherwise expressly provided in the Act, this Declaration, or the Bylaws.
9.3.5 Proxies. Members may vote at any meeting of the Association in person or by
directed or undirected 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 whicli such vote is taken. No Lot 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 Owner's
Lot, without the prior written consent of the holder of such indebtedness.
9.3.6 Vote Without a Meeting. The Association may conduct avote of the Lot Owners
without a meeting provided such vote complies with the Act. The Bylaws shall set forth the procedures
for such vote.
9.4 Bylaws
Developer, on behalf of the Temporary Board, shall adopt the initial Bylaws of the Association to
provide for the administration of the Property and the organization of the Association, consistent with this
Declaration and the Act. The Bylaws shall designate the time and specify the procedures for the holding
of annual and special meetings of the Association and may specify other procedures applicable to the
organization and administration of the Association. The Bylaws may be amended in whole or in part by a
vote of Lot Owners accounting for not less than a majority of the total votes present at a meeting of the
Association duly held for that purpose. Written notice of the time, place and purpose of such meeting of
the Association shall be delivered in person or mailed to each Lot Owner at least fourteen (14) and not
more than fifty (50) days prior to the date of such meeting.
9.5 Management of the Association by the Board
The Association shall be administered and managed by a Board of at least three (3) persons who
shall serve as established by the Bylaws.
9.5.1 Tem orary Board of Directors. Until termination of the Period of Developer
Control, Developer shall have the right to appoint and remove officers and directors of the Association
and veto or approve any proposed action of the Board or the Association. In the exercise of such right,
Developer may, at such time as it deems appropriate, appoint a Temporary Board of one (1) or more
persons who need not be Lot Owners. The Temporary Board (and Developer, until the Board is
appointed) shall exercise the rights, duties and functions of the Board as set forth in this Declaration until
the entire Board is elected by the Lot Owners pursuant to Section 9.5.4.
9.5.2 Election After Sale of Lots. Not later than sixty (60) days after conveyance of
twenty-five percent (25%) of the Lots that may be created to Lot Owners other than Developer, at least
one member and not less than twenty-five percent (25%) of the members of the Board must be elected by
Lot Owners other than the Developer. Not later than sixty (60) days after conveyance of fifty percent
(50%) of the Lots that may be created to Lot Owners other than a Developer, not less than thirty-three and
one-third percent (33 1/3°/o) of the members of the Board must be elected by Lot Owners other than the
Developer. Until such members are elected and take office, the existing Board may continue to act on
behalf of the Association.
9.5.3 Removal of Directors and Officers. During the Period of Developer Control,
Developer may remove any director or officer appointed by Developer at any time and for any reason.
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Lot Owners present in person, by proxy, or by absentee ballot at any meeting of the Lot Owners at which
a quorum is present may remove any director or officer elected by the Lot Owners (but not, until the
entire Board is elected by the Lot Owners pursuant to Section 9.5.4, a director appointed by Developer),
with or without cause, if the number of votes in favor of removal cast by Lot Owners entitled to vote for
election of the director or officer proposed to be removed is at least the lesser of. (a) a majority of the
votes in the Association held by such Lot Owners, or (b) two-thirds (2/3rds) of the votes cast by such Lot
Owners at the meeting. Developer may not remove any director elected by the Lot Owners. At any
meeting at which a vote to remove a director or officer is to be taken, the director or officer being
considered for removal must have a reasonable opportunity to speak before the vote. At any meeting at
which a director or officer is removed, the Lot Owners entitled to vote for the director or officer may
immediately elect a successor director or officer consistent with the Act. The Board may, without a Lot
Owner vote, remove from the Board a director or officer elected by the Lot Owners if (i) the director or
officer is delinquent in the payment of Assessments more than sixty days and (ii) the director or officer
has not cured the delinquency within thirty (30) days after receiving notice of the Board's intent to
remove the director or officer. The Board may remove an officer elected by the Board at any time, with or
without cause. The removal must be recorded in the minutes of the next Board meeting.
9.5.4 Election of Complete Board. Within thirty (30) days after the termination of the
Period of Developer Control, the Lot Owners shall elect a Board of at least three (3) directors. At least a
majority of the Board must be Lot Owners. The Board shall elect the officers of the Association. Such
directors and officers shall take office upon this election.
9.5.5 Term. The term of office of each director shall be two (2) years, with two (2)
directors being elected at each annual meeting during even -numbered years, and one (1) director being
elected at each annual meeting during odd -numbered years. At the initial meeting called for the purpose
of electing the directors, the three (3) directors so elected shall, by lot, determine which shall have one (1)
or two (2) year terms, to stagger the expiration dates of the terms of the appropriate number of directors.
Any director may be elected to serve for an additional term or terms.
9.5.6 Quorum. A majority of the members of the Board shall constitute a quorum.
The Board shall act by majority vote of those present at its meetings where a quorum exists. Meetings
shall be called, held and conducted in accordance with the Bylaws.
9.5.7 Officers. The Board shall elect a president of the Association from among
members of the Board, who shall hold office for one (1) year, or until his or her successor is elected, and
shall preside over both the meetings of the Board and those of the Association. The Board shall also elect
a secretary and treasurer, who shall hold office for one (1) year or until their successors are elected. Any
officer of the Association may be reelected by the Board for any number of successive terms.
9.5.8 Employment of Manager. The Board may, to the extent it deems advisable,
employ a person or firm to manage the Property, as well as such other persons as are necessary in its
opinion for the proper operation thereof; provided, that the employment of a person or firm to manage the
Property, shall be under a written contract for a term not in excess of one (1) year and shall permit the
Board to revoke the same without cause and without payment of a termination fee, upon no more than
thirty (30) days' notice.
9.5.9 Standard of Care. Except as provided in this Declaration and the Bylaws, the
Board shall act in all instances on behalf of the Association. In the performance of their duties, the
officers and members of the Board are required to exercise the care required of an officer or director of a
corporation organized under Ch. 24.06 RCW.
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9.5.10 Limitations of Board Authori1y. The Board shall not act on behalf of the
Association to amend the Declaration in any manner that requires the vote or approval of the Lot Owners,
amend the articles of incorporation or Bylaws of the Association, to elect members of the Board (but the
Board may fill vacancies in its membership not resulting from removal for the unexpired portion of any
term or, if earlier, until the next regularly schedule election of Board members), terminate Mirror Lake
Highland Cottages, or to determine the qualifications, powers, and duties, or terms of office of members
of the Board.
9.6 Authority of the Association
9.6.1 Mandator Authority. The Association, acting by and through the Board, its
officers, manager or other duly authorized agents or representatives, shall:
(a) Adopt Bylaws;
(b) Adopt budgets for revenues, expenditures, and reserves;
(c) Impose and collect Assessments for Common Expenses from Lot
Owners;
(d) Prepare financial statements as set forth in Section 9.10; and
(e) Deposit and maintain funds of the Association in accounts as set forth in
Section 9.11.
9.6.2 Discretionary Authority. The Association, acting by and through the Board, its
officers, manager or other duly authorized agents or representatives, may:
(a) Amend Bylaws and adopt and amend rules and regulations;
(b) Amend budgets for revenues, expenditures, and reserves;
(c) Hire and discharge or contract with managing agents and other
employees, agents, and independent contractors;
(d) Institute, defend, or intervene in litigation, arbitration, mediation or
administrative proceedings or any other legal proceedings in its own name on behalf of itself or two (2) or
more Lot Owners on matters affecting Mirror Lake Highland Cottages;
(e) Make contracts and incur liabilities;
(f) Regulate the use, maintenance, repair, replacement, and modification of
the Common Area and contract with third parties to accomplish these objectives;
(g) Cause additional improvements to be made as a part of the Common
Area provided that any improvements or series of related improvements in excess of twenty-five thousand
dollars ($25,000) within one (1) year must be approved by a majority of the Lot Owners;
(h) Acquire, hold, encumber, and convey in its own name any right, title, or
interest to real or personal property;
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(i) Grant easements, leases, licenses, and concessions through or over the
Common Area, petition for or consent to the vacation of streets and alleys, and upon agreement of sixty-
seven percent (67%) of the Lot Owners, dedicate, sell, or transfer all or any part of the Common Area to
any public agency, authority or utility for such purposes and subject to such conditions as may be agreed
to by the members;
0) Impose and collect any payments, fees, or charges for the use, rental, or
operation of the Common Area or for services provided to Lot Owners;
(k) Impose and collect charges for late payment of Assessments pursuant to
Section 10.10 of this Declaration;
(1) Enforce the Governing Documents, and after notice and an opportunity
to be heard by the Board or by such representative designated by the Board and in accordance with such
procedures as provided in the Declaration or Bylaws or rules and regulations adopted by the Board,
impose and collect reasonable fines for violations of the Governing Documents in accordance with a
previously established schedule of fines adopted by the Board and furnished to the Lot Owners;
(m) Provide for the indemnification of its officers and Board and maintain
directors' and officers' liability insurance;
(n) Borrow money and assign its right to future income, including the right
to receive Assessments, subject to Section 9.12;
(o) Require that disputes between the Association and Lot Owners or
between two (2) or more Lot Owners regarding Mirror Lake Highland Cottages, other than those
governing by Chapter 64.50 RCW, be submitted to non -binding alternative dispute resolution as a
prerequisite to commencement of a judicial proceeding;
(p) Suspend any right or privilege of a Lot Owner who fails to pay an
Assessment, but may not (i) deny a Lot Owner or other occupant access to the Owner's Lot, (ii) suspend a
Lot Owner's right to vote, or (iii) withhold services provided to a Lot or Lot Owner by the Association if
the effect of withholding the service would be to endanger the health, safety or property of any person;
(q) Establish and administer a reserve account and prepare a reserve study;
(r) Exercise any other powers conferred by the Declaration or Bylaws;
(s) Exercise all other powers that may be exercised in this state by the same
type of corporation as the Association; and
(t) Exercise any other powers necessary and proper for the governance and
operation of the Association.
9.7 Rules
The Board must, before adopting, amending, or repealing any rule, give all Lot Owners notice of
(a) its intention to adopt, amend, or repeal a rule and provide the text of the rule or the proposed change,
and (b) the date on which the Board will act oii the proposed rule or amendment after considering
comments from Lot Owners. Following adoption, amendment, or repeal of a rule, the Association must
give notice to the Lot Owners of its action and provide a copy of any new or revised rule. The
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Association's internal business operating procedures need not be adopted as rules. Every rule must be
reasonable.
9.8 Association Records
The Association must maintain the following:
(a) The current budget, detailed records of receipts and expenditures affecting the
operation and administration of the Association, and other appropriate accounting records within the last
seven (7) years;
(b) Minutes of all meetings of its Lot Owners and Board other than executive
sessions, a record of all actions taken by the Lot Owners or Board without a meeting, and a record of all
actions taken by a committee in place of the Board on behalf of the Association;
(c) The names of current Lot Owners, addresses used by the Association to
communicate with them, and the number of votes allocated to each Lot;
(d) Its original or restated Declaration, organizational documents, all amendments to
the Declaration and organizational documents, and all rules currently in effect;
years;
(e) All financial statements and tax returns of the Association for the past seven (7)
(f) A list of the names and addresses of its current Board members and officers;
(g) Its most recent annual report delivered to the Washington Secretary of State;
(h) Financial and other records sufficiently detailed to enable the Association to
provide resale certificates as required by the Act;
(i) Copies of contracts to which it is or was a party within the last seven (7) years;
0) Materials relied upon by the Board or the DRC to approve or deny any requests
for design or architectural approval for a period of seven (7) years after the decision is made;
(k) Materials relied upon by the Board or any committee concerning a decision to
enforce the governing documents for a period of seven (7) years after the decision is made;
(1) Copies of insurance policies under which the Association is a named insured;
(m) Any current warranties provided to the Association;
(n) Copies of all notices provided to Lot Owners or the Association in accordance
with the Act or the Governing Documents; and
(o) Ballots, proxies, absentee ballots, and other records related to voting by Lot
Owners for one (1) year after the election, action, or vote to which they relate.
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9.9 Examination of Records
Any Lot Owner, Mortgagee or their authorized agents may examine the books and records of the
Association on reasonable advance notice during working hours at the offices of the Association. The
Association may charge a reasonable fee for producing and providing copies of any such records and for
supervising the Lot Owner's inspection. A right to copy records under this Section includes the right to
receive copies by photocopying or other means, including through an electronic transmission if available
upon request by the Lot Owner. An Association is not obligated to compile or synthesize information.
Information provided pursuant to this Section may not be used for commercial purposes.
9.10 Financial Statements
At least annually, the Board shall prepare, or cause to be prepared, a financial statement of the
Association in accordance with accrual -based accounting practices. If the aggregate annual Assessments
of the Association are $50,000 or more, the Board shall obtain an audit of the financial statements by a
certified public accountant. If the aggregate annual Assessments of the Association are less than $50,000,
an annual audit is also required but may be waived annually by Lot Owners other than the Developer of
Lots to which a majority of the votes in the Association are allocated, excluding the votes allocated to
Lots owned by the Developer. Such audit obtained by the Board shall be a Common Expense.
9.11 Association Funds
The Association must keep all funds of the Association in the name of the Association with a
bank, savings association, or credit union whose deposits are insured by the federal government. The
funds must not be commingled with the funds of any other Association or with the funds of any managing
agent of the Association or any other person, or be kept in any trust account or custodial account in the
name of any trustee or custodian.
9.12 Borrowing
Any borrowing by the Association that is to be secured by an assignment of the Association's
right to receive future income pursuant to Sections 9.6.2(e) and (n) requires ratification by the Lot Owners
as follows:
(a) The Board must provide notice of the intent to borrow to all Lot Owners. The
notice must include the purpose and maximum amount of the loan, the estimated amount and term of any
Assessments required to repay the loan, a reasonably detailed projection of how the money will be
expended, and the interest rate and term of the loan.
(b) In the notice, the Board must set a date for a meeting of the Lot Owners, which
must not be less than fourteen (14) and no more than sixty (60) days after mailing of the notice, to
consider ratification of the borrowing.
(c) Unless at that meeting, whether or not a quorum is present, Lot Owners holding a
majority of the votes in the Association reject the proposal to borrow funds, the Association may proceed
to borrow the funds in substantial accordance with the terms contained in the notice.
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ARTICLE 10 COVENANT FOR ASSESSMENTS
10.1 Creation of Lien and Personal Obligation of Assessment
By acceptance of a deed or other instrument of conveyance, each Lot Owner is deemed to
covenant and agree to pay to the Association all Common Expenses assessed against said Owner's Lot by
the Association, whether or not it shall be so expressed in any such deed or other instrument. Common
Expenses include, but are not limited to: (a) annual Assessments or charges and (b) special Assessments.
Said annual and special Assessments, together with interest therein and costs of collection thereof
(including reasonable attorneys' fees whether or not suit is commenced or prosecuted to judgment), 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 Lot 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 to a residential owner. The personal obligation for
delinquent Assessments shall not pass to the Lot 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.
10.2 Purpose of Assessments
The annual and special Assessments levied by the Association shall be used exclusively for the
purpose of promoting the health, safety, welfare and recreation of the Members thereof, their guests and
invitees, and shall be used to improve, protect, operate and maintain the Common Area and provide for
performance of the duties of the Board. All funds collected hereunder shall be expended for the purposes
designated herein.
10.3 Initial Assessment
At the time of the purchase of the Lot by the first residential purchaser, each such purchaser
(except Developer) shall pay the initial monthly Assessment. The initial monthly Assessment is the
amount that the Board has assessed against the Lot as determined pursuant to Section 10.4, which amount
shall be prorated for any partial month. The initial Assessment shall be collected by the escrow agent at
the closing of the purchase of the Lot.
10.4 Commencement of Assessments
In the alternative, Developer may, at its option, elect to continue to pay all operating expenses for
the Property after conveyance of the first Lot and commence the Assessments at a later time. Whenever
Assessments we thereafter commenced and required from any Lot Owners, Assessments shall be required
from all Lot Owners, including Developer for existing Lots then owned by Developer.
10.5 Annual Assessments
Each year the Board shall assess each Lot Owner for an annual Assessment in an amount which,
in the aggregate, is sufficient to meet the obligations of the Association. Commencing on January i
following the termination of the Development Period and continuing each year thereafter, the annual
Assessments shall not be increased by more than twenty-five percent (25%) in any one year without the
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approval of sixty-seven percent (67%) of the Members voting at a meeting duly called for such purpose.
Notwithstanding the provisions set forth above, the Developer, its successors or assigns shall not be liable
for any fees or Assessments assessed or due prior to the termination of the Development Period.
10.6 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 Area, including fixtures and personal property related thereto. The Board shall follow the
procedures to adopt a budget set forth in Section 10.8 to authorize a special assessment, except that no
such special assessment for capital improvements levied against all Lot Owners shall be in excess of
Twenty Thousand Dollars ($20,000) except upon a majority vote of the Lot Owners in attendance at a
meeting duly called for said purpose, or in excess of One Hundred Thousand Dollars ($100,000) except
upon a sixty-seven percent (67%) affirmative vote of the Lot Owners in attendance at a meeting duly
called for said purpose. The limitation on maximum annual Assessments and special Assessments shall
not apply to an assessment levied against a Lot Owner which is imposed by the Board to reimburse the
Association for costs incurred in bringing the Member or the Lot owned by the Member into compliance
with the provisions of this Declaration or the Bylaws.
10.7 Initial Payment for Working Capital
The Association shall collect from each initial residential purchaser of each Lot an amount equal
to at least two (2) months' Assessments at the time of the first conveyance of each Lot to establish a
sufficient initial working capital fund. This initial payment into the fund shall be in addition to the
Assessment for the first month which each purchaser of a Lot from Developer will pay at the time of
closing of the sale. Each Lot's share of the working capital fund must be collected and transferred to the
Association at the time of closing of the sale of each Lot for the use and benefit of the Association. The
purpose of the fund is to ensure that the Association will have cash available to meet unforeseen
expenditures, or to acquire additional equipment or services deemed necessary or desirable by the Board.
Amounts paid into the fund are not to be considered as advance payments of regular Assessments. The
Developer shall not use any of the working capital fund to defray any of its expenses or construction
costs, or to make up any budget deficits prior to the date that control of the Association is transferred to
the Lot Owners.
10.8 Estimated Budget and Assessments
Commencing on January 11 following the termination of the Development Period and continuing
each year thereafter, but within sixty (60) days prior to the beginning of each calendar year or such fiscal
year as the Board may adopt, the Board shall (a) estimate the annual Assessments and special
Assessments for the Lots to be paid during such year; (b) make provisions for creating, funding and
maintaining reasonable reserves for contingencies and operations, for maintenance repair, replacement
and acquisition of Common Area and/or (c) take into account any expected income and any surplus
available from the prior year's operating fund.
Within thirty (30) days after the Board's adoption of any proposed regular or special budget of the
Association, the Board shall provide a copy of the budget to all Lot Owners and set a date for a meeting
of the Lot Owners to consider ratification of the budget. The Board shall give written notice of such
meeting to all Lot Owners. The meeting date shall be not less than fourteen (14) and not more than fifty
(50) days after providing the budget. Unless at the meeting the Lot Owners holding a majority of the
votes in the Association, in person or by proxy, reject the budget, the budget and the Assessments against
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the Lots included in the budget shall be deemed ratified, whether or not a quorum is present. In the event
the proposed budget is rejected or the required notice is not given, the periodic budget last ratified by the
Lot Owners shall be continued until such time as the Lot Owners ratify a subsequent budget proposed by
the Board. The budget must include: (a) the projected income to the Association by category; (b) the
projected Common Expenses and those specially allocated expenses that are subject to being budgeted,
both by category; (c) the amount of the Assessments per Lot and the date the Assessments are due; (d) the
current amount of regular Assessments budgeted for contribution to the reserve account; (e) a statement
of whether the Association has a reserve study that meets the requirements of the Act and, if so, the extent
to which the budget meets or deviates from the recommendations of that reserve study; and (f) the current
deficiency or surplus in reserve funding expressed on a per Lot basis.
10.9 Payment By Owners
Each Lot Owner shall be obligated to pay its annual and special Assessments to the Treasurer of
the Association. The annual Assessment shall be due and payable in twelve (12) equal monthly
installments on the first (I") day of each month. Special Assessments shall be become due 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.
10.10 Interest, Late Charges, Expenses and Attorneys' Fees
As part of its collection of delinquent Assessments, the Association shall be entitled to recover
interest for the period of delinquency, late charges, expenses of collection, and attorneys' fees incurred by
the Association whether or not a suit is commenced or prosecuted to judgment. In addition, the
Association shall be entitled to recover costs and reasonable attorneys' fees if it prevails on appeal and in
the enforcement of a judgment. The Association may, from time to time, establish reasonable late
charges and a rate of interest to be charged on all subsequent delinquent Assessments or installments
thereof. Delinquent Assessments shall bear interest from the date of delinquency at the maximum rate
permitted under RCW 19.52.020 on the date on which the Assessments became delinquent. The
Association may impose a late charge in an amount not exceeding twenty-five percent (25%) of any
unpaid Assessment or charge which had remained delinquent for more than fifteen (15) days.
10.11 Payment by Mortgagees
Subject to Section 11.2.2, the holder of a Mortgage or other purchaser of a Lot who obtains the
right of possession of the Lot through foreclosure shall not be liable for Assessments or installments of
Assessments that became due prior to such right of possession. Such unpaid Assessments shall be
deemed to be Common Expenses collectible from all the Lot Owners, including such holder of the
Mortgage or other purchaser of such Lot. Foreclosure of a Mortgage does not relieve the prior Lot Owner
of personal liability for Assessments accruing against the Lot prior to the date of such sale.
10.12 Surplus Funds
Any surplus funds of the Association remaining after the payment or of provision for Common
Expenses and any prepayment of reserves must be paid annually to the Lot Owners in proportion to their
Common Expense liabilities or credited to them to reduce their future Assessments.
10.13 Record of Assessments; Reconciliation
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
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of the Common Area and any other expenses incurred. Records and vouchers authorizing such payments
shall be available for examination by the Lot Owners for any proper purpose at any reasonable time. To
assure that the Lot Owners are correctly assessed for the actual expenses of the Association, the accounts
of the Association must be reconciled at least annually unless the Board determines that a reconciliation
would not result in a material savings to any Lot Owner.
10.14 Uniform Rate of Assessment
Both annual and special Assessments shall be assessed in equal shares against all Lots, except for
Assessments against a specific Lot Owner imposed by the Board to reimburse the Association for costs
incurred in bringing the Owner or Lot into compliance with the provisions of the Governing Documents,
which shall be assessed solely against such Owner's Lot. The formula used to establish allocations of
interests is based on an equal share.
10.15 Owner Misconduct
10.15.1 To the extent that any expense of the Association is caused by willful
misconduct or gross negligence of any Lot Owner or that Lot Owner's tenant, guest, invitee, or occupant,
the Association may assess that expense against the Lot Owner's Lot after notice and an opportunity to be
heard, even if the Association maintains insurance with respect to that damage or Common Expense.
10.15.2 To the extent that any expense of the Association is caused by the negligence
of any Lot Owner or that Lot Owner's tenant, guest, invitee, or occupant, the Association may assess that
expense against the Lot Owner's Lot after notice and an opportunity to be heard, to the extent of the
Association's deductible and any expenses not covered under an insurance policy issued to the
Association.
10.16 Reserve Study
The Board shall comply with the requirements set forth in the Act for reserve studies for the
Common Area and portions of the Lots which the Association must maintain, repair or replace pursuant
to Section 6.3. Unless the Board, in its reasonable discretion, determines that that the Association has
only nominal reserve costs or if the cost of the reserve study or update exceeds ten percent (10%) of the
Association's annual budget, the Association shall prepare and annually update a reserve study. A
"reserve component" means any physical component of Mirror Lake Highlands Cottages which the
Association is obligated to maintain, repair or replace whose cost of maintenance, repair, or replacement
is infrequent, significant, and impractical to include in an annual budget. An initial reserve study
conducted by a reserve study professional must be prepared and based upon a visual site inspection or a
review of plans and specifications of or for unbuiIt improvements, or both when construction of some but
not all of the improvements is complete. At least every three (3) years, an updated reserve study must be
prepared and based upon a visual site inspection conducted by a reserve study professional. If more than
three (3) years have passed since the date of the last reserve study prepared by a reserve study
professional, the Owners of Lots to which at least twenty percent (20%) of the votes are allocated may
demand, in a record delivered to the Board, that the cost of a reserve study be included in the next budget
and that the study be obtained by the end of the budget year. The demand shall refer to [Section 3321 of
the Act. Unless the Board determines that preparing a reserve study would impose an unreasonable
hardship on the Association and the Lot Owners, the Board shall, upon receipt of the written demand,
include the costs of a reserve study in the next budget and, if the budget is not rejected by the Lot Owners
pursuant to Section 10.8, will arrange for the preparation of the reserve study.
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ARTICLE 11 LIEN FOR ASSESSMENTS; COLLECTION
11.1 Lien in Favor of Association
The Association has a lien on a Lot for any unpaid Assessments Ievied against a Lot from the
time the Assessment is due. Attorney's fees, collection costs, late charges, fines, and interest charged by
the Association are enforceable as Assessments and are subject to the Association's lien on said Lot.
11.2 Priority of Association Lien
11.2.1 General Priori . The lien of the Association under this Section shall be prior to
all other liens and encumbrances on a Lot, except: (a) liens and encumbrances recorded before the
recording of the Declaration; (b) except as provided in Section 11.2.2, a Mortgage on the Lot recorded
before the date on which the Assessment sought to be enforced became due; or (c) liens for Real Property
taxes and other governmental assessments or charges against the Lot.
11.2.2 Priorily Over Mortes Encumbering Individual Lots.
(a) If the Association elects to foreclose its lien under Section 11.5 of this
Declaration, the lien shall also be prior to the Mortgages described in Section 11.2.1(b) to the extent of an
amount equal to Assessments for Common Expenses, excluding any amounts for capital improvements,
based on the periodic budget adopted by the Association pursuant to this Declaration, along with any
specially allocated Assessments, which would have become due, in the absence of acceleration, during
the six (6) months immediately preceding (i) the date of recording of a notice of trustee's sale by a deed
of trust beneficiary; (ii) the date of commencement, pursuant to applicable court rules, of an action for
judicial foreclosure either by the Association or by the holder of a recorded security interest; or (iii) the
date of recording of a notice of intention to forfeit in a real estate contract forfeiture proceeding by the
vendor under a real estate contract.
(b) In addition, the lien shall also be prior to the Mortgages described in
Section 11.2.1(b) to the extent of the Association's actual costs and reasonable attorneys' fees incurred in
foreclosing its lien but incurred after the giving of the notice described in Section 11.2.2(c); provided,
however, that the costs and reasonable attorneys' fees that will have priority under this Section 11.2.2(b)
shall not exceed two thousand dollars ($2,000) or an amount equal to the amounts described in Section
11.2.2(a), whichever is less.
(c) The amounts described in Section 11.2.2(b) shall be prior only to the
security interest of the holder of a security interest on the Lot recorded before the date on which the
unpaid Assessment became due and only if the Association has given that holder not less than sixty (60)
days' prior written notice that the Owner of the Lot is in default in payment of an Assessment. The notice
shall contain the name of the borrower, the recording date of the deed of trust or mortgage, recording
information, the name of the plat, Lot owner, and Lot number, the amount of unpaid Assessment, and a
statement that failure to, within sixty (60) days of the written notice, submit to the Association payment of
six (6) months of Assessments as described Section 11.2.2(a) will result in the priority of the amounts
described in Section 11.2.2(b).
(d) Upon payment of the amounts described in Section 11.2.2(a) by the
holder of a security interest, the Association's lien shall thereafter be fully subordinated to the lien of such
holder's security interest on the Lot.
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11.3 Recording Not Required
Recording of this Declaration constitutes record notice and perfection of the lien for Assessments.
While no further recording of any claim of lien for Assessment under this Section shall be required to
perfect the Association's lien, the Association may record a notice of claim of lien for Assessments under
this Section in the Real Property records of the County in which the Property is located. Such recording
shall not constitute the written notice of delinquency to a Mortgagee referred to in Section 11.2.2 of this
Declaration.
11.4 Limitations on Enforcement
11.4.1 The Association may not commence an action to foreclose a lien on a Lot unless
the Lot Owner, at the time the action is commenced, owes a sum equal to at least three (3) months of
Assessments and the Board approves commencement of a foreclosure action specifically against that Lot.
11.4.2 A lien for unpaid Assessments is extinguished unless legal proceedings to
enforce the lien are instituted within six (6) years after the full amount of the Assessments sought to be
recovered becomes due.
11.5 Enforcement of Lien
11.5.1 The lien arising under this Section maybe enforced judicially by the Association
or its authorized representative in the manner set forth in Chapter 61.12 RCW or nonjudicially in the
manner set forth in Chapter 61.24 RCW for nonjudicial foreclosure of deeds of trust. For the purpose of
preserving the Association's nonjudicial foreclosure option, this Declaration shall be considered to create
a grant of each Lot in trust to Chicago Title Insurance Company or its successors and assigns ("Trustee"),
to secure the obligations of each Lot Owner ("Grantor") to the Association ("Beneficiary") for the
payment of Assessments. Grantor shall retain the right to possession of Grantor's Lot so long as Grantor
is not in default of an obligation to pay Assessments. The Trustee shall have a power of sale with respect
to each Lot, which becomes operative in the case of a default in a Grantor's obligation to pay assessments.
The Lots are not used principally for agricultural or farming purposes.
11.5.2 The Association or its authorized representative shall have the power to purchase
the Lot at the foreclosure sale, whether judicial or nonjudicial, and to acquire, hold, lease, mortgage, or
convey the Lot to a third party. Upon an express waiver in the complaint of any right to a deficiency
judgment in a judicial foreclosure action, the period of redemption shall be eight (8) months. Nothing in
this Section shall prohibit the Association from accepting a deed in lieu of foreclosure from the Owner of
the Lot subject to the lien.
11.6 Appointment of Receiver
In an action by the Association to collect Assessments or to foreclose a lien on a Lot under this
ARTICLE 11, the court may appoint a receiver to collect all sums alleged to be due and owing to a Lot
Owner before commencement or during pendency of the action. The receivership is governed by Chapter
7.60 RCW. During pendency of the action, the court may order the receiver to pay sums held by the
receiver to the Association for any Assessments against the Lot. The exercise by the Association of the
foregoing rights shall not affect the priority of preexisting liens on the Lot.
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11.7 Personal Liability of Lot Owners
In addition to constituting a lien on the Lot, each Assessment shall be the joint and several
obligation of the Lot Owner of the Lot to which the same are assessed as of the time the Assessment is
due. A Lot Owner may not exempt himself or herself from liability for Assessments. In a voluntary
conveyance other than by foreclosure, the grantee of a Lot is jointly and severally liable with the grantor
for all unpaid assessments against the grantor up to the time of the grantor's conveyance, without
prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee. Suit to
recover a personal judgment for any delinquent Assessment shall be maintainable in any court of
competent jurisdiction without foreclosing or waiving the lien securing such sums.
11.8 Statement of Assessment
The Association, upon written request, shall furnish to a Lot Owner or a Mortgagee of a Lot a
statement signed by an officer or authorized agent of the Association setting forth the amount of unpaid
Assessments against that Lot. The statement shall be furnished within fifteen (15) days after receipt of
the request and is binding on the Association, the Board, and every Lot Owner, unless and to the extent
known by the recipient to be false. The liability of a recipient who reasonably relies upon the statement
must not exceed the amount set forth in any statement furnished pursuant to this Section l 1.8or any resale
certificate.
ARTICLE 12 ENFORCEMENT
12.1 Enforcement
The Board may enforce all restrictions, conditions, covenants, reservations, liens and charges now
or hereafter imposed by the provisions of this Declaration, the Articles, the Bylaws and any rules and
regulations promulgated by the Board by any proceeding at law or in equity. During the Period of
Developer Control, the Developer may exercise this enforcement power on behalf of the Association.
12.2 Fines
The Board is hereby authorized and empowered to impose fines and other penalties for the
infraction of any restrictions, conditions, covenants or reservations set forth in this Declaration, the
Bylaws or the rules and regulations. Said fines and penalties must be reasonable and in accordance with a
previously established schedule thereof adopted by the Board and furnished to the Lot Owners for
violations of the Declaration, Bylaws, and rules and regulations of the Association. The Board shall
notify all Lot Owners in writing within thirty (30) days of the adoption of said rules and regulations,
although the failure to provide such notice shall not cause any rule or regulation to become void.
12.3 Remedies
The remedies provided herein for collection of any assessment, charge or claim against any Lot
Owner, for and on behalf of the Association or Developer, are in addition to, and not in limitation of, any
other remedies provided by law.
12.4 Waiver
The failure of the Association, the Developer, any Lot 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
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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 have been made, either expressly or impliediy, 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.
12.5 Costs and Attorney Fees
If any authorized person or entity (including Developer) employs an attorney to enforce any
provision of this Declaration, the Bylaws, Articles or rules and regulations adopted by the Association,
the court or arbitrator may award reasonable attorneys' fees and costs incurred in said action to the
prevailing party, whether such fees and costs are incurred in negotiation, mediation, arbitration, litigation,
appeal, bankruptcy or pre- or post judgment collection.
ARTICLE 13 EASEMENTS
The following perpetual, appurtenant easements and those shown on the Map are hereby reserved
for the benefit of and created, granted and conveyed to the Lot Owners, the Association or other parties as
identified below:
13.1 Garage Easements
Each Lot is hereby assigned the corresponding garage (as shown on the Map):
Garage Assigned
Lot to Lot
3
4
5
6
7
8
9
10
11
12
13
14
15
16
Each Lot shall have a perpetual, exclusive easement for garage purposes ("Garage Easement")
within the garage assigned to it. The boundaries of the Garage Easement ("Garage Easement Area") shall
be the perimeter walls, the lowest floors and the roof which enclose the garage. All windows, doors to the
garage, wallboard, plasterboard, paint, finished flooring, and any other materials constituting any part of
the finished surfaces thereof are a part of the Garage Easement Area, and all other portions of the walls,
floors, or ceilings are a part of the Common Area. All spaces, interior partitions, and other fixtures and
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improvements within the boundaries of a garage are a part of the Garage Easement Area. Any duct, wire,
conduit, bearing wall, bearing column, or any other fixture, whether located wholly or partially within the
Garage Easement Area shall be part of the Common Area. The existing physical boundaries of the garage
as originally constructed or as reconstructed in substantial accordance with the original plans thereof shall
be conclusively presumed to be the boundaries of the Garage Easement Area rather than the boundaries
expressed or depicted in this Declaration, any deed or the Map, regardless of minor variance between
boundaries shown in the Declaration, any deed, or the Map and those of garages in the garage buildings as
actually constructed.
Lot Owners may attach shelving and similar storage units to the walls, and joists on the interior of
the garage as long as such improvements do not affect the structural integrity of the garage building. The
Lot Owner benefited by the Garage Easement shall maintain and replace the automatic garage door
opener at the Lot Owner's sole cost and expense. A Lot Owner shall pay for any damage to the Garage
Easement Area and its appurtenances and/or the garage building caused by the Lot Owner's intentional or
negligent conduct.
13.2 Utility and/or Access Easements
13.2.1 General. As shown on the Map, nonexclusive easements for storm drainage, dry
utilities and other utilities have been granted over, under and across the Common Area and Lots within
the Property.
13.2.2 Lot l and Lot 2. As shown on the Map„ reciprocal, nonexclusive easements for
access and utilities have been granted over, under and across Lot 1 benefiting Lot 2 and over, under and
across Lot 2 benefiting Lot 1.
13.2.3 [utility Entities. As shown on the Plat Map, public and/or private utility entities
have been granted certain nonexclusive utility easements over the Common Area and certain Lots. Lot
Owners shall not interfere with utility representatives' access to the easement area or meters at any time,
and shall otherwise comply with all terms of such easements.
13.2.4 Procedures. The Association (if benefited by an easement) or any Lot Owner
benefited by such easement shall obtain the prior consent, which shall not be unreasonably withheld,
conditioned or delayed, before conducting any maintenance or repairs on utilities within any Other Lot or
the Common Area, or installing new utilities or improving the current utilities within any other Lot or the
Common Area. The Owner of a benefited Lot shall submit to the Owner of a burdened Lot and the
Association a complete copy of the construction plans and specifications for such new or improved
utilities at least thirty (30) days prior to the commencement of construction. Access to the utility easement
area on any other Lot for construction, routine maintenance and repair and other non -emergency visits
shall only be during construction hours permitted by the applicable building code, excluding legal
holidays. In the event of an emergency, the Lot Owner of a benefited Lot may access utilities located on
another Lot twenty-four (24) hours per day, seven (7) days per week, provided that such Lot Owner shall
attempt to provide as much notice to the Lot Owner of the burdened Lot as reasonably possible. In the
event that, in connection with any maintenance, repair or improvement of utilities located within another
Lot or the Common Area, the Lot Owner of the benefited Lot disturbs or damages any improvements
located on such other Lot or the Common Area, the Lot Owner of the benefited Lot shall restore said
improvements as close as practicable to their condition prior to such disturbance, damage or
commencement of such repairs or other work.
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13.3 Association Functions
The Association, its employees, agents and contractors, shall have a nonexclusive easement over,
under and across the Property with a right of immediate entry and continued access for the construction,
improvement, maintenance and repair of the storm water drainage system, roads, common landscaping,
street lighting, perimeter and demising fencing and perimeter retaining walls and all other Common Area
for which the Association is responsible. No structure, planting or other material shall be placed or
permitted to remain under, on or in any easement area which shall interfere with the use of the easement
or which may damage or interfere with the installation and maintenance of the roadway, sewer or utilities,
or which may damage, interfere with or change the direction or flow of drainage facilities within
easements for installation and maintenance of roadway, utilities and/or drainage facilities.
13.4 Release and Indemnification
The benefited Lot Owner of each Easement set forth in this ARTICLE 13 shall release, defend,
indemnify and hold the burdened Lot Owner harmless from any and all loss or liability for damage to
property or injury or death to persons related to the benefited Lot Owners use of the Easement Area
except to the extent said foss or liability arises from or relates to the grossly negligent or intentional
wrongful act of the burdened Lot Owner or said Owner's agents or invitees.
13.5 Running with the Land
The easements set forth in this ARTICLE 13 shall run with the land and shall bind the heirs,
successors and assigns of the Association and the Owners of the respective benefited and burdened Lots.
ARTICLE 14 INSURANCE
14.1 Insurance provided by the Association
Commencing not later than the time of the first conveyance of a Lot to a person other than a
Developer, the Association shall maintain, to the extent reasonably available:
14.1.1 Property insurance on the Common Area, including the Buildings within the
Common Area, insuring against all risks of direct physical loss commonly insured against. The total
amount of insurance after application of any deductibles shall not be less than eighty percent (80%) of the
actual cash value of the insured property at the time the insurance is purchased and at each renewal date,
exclusive of land, excavations, foundations, and other items normally excluded from property policies.
14.1.2 Liability insurance, including medical payments insurance, in an amount
determined by the Board but not less than $1,000,000 per occurrence and $2,000,000 aggregate, covering
all occurrences commonly insured against for death, bodily injury., and property damage arising out of or
in connection with the use, ownership, or maintenance of the Common Area or other areas under control
and supervision of the Association. The policy may insure against liability in connection with
employment contracts of the Association, host liquor liability, employers' liability, automobile liability
and such other risks as are customarily covered with respect to residential condominium project of similar
construction, location and use.
14.1.3 Worker's compensation insurance to the extent required by applicable laws.
14.1.4 Insurance against loss of personal property of the Association by fire, theft and
other losses with deductible provisions as the Board deems advisable.
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14.1.5 Fidelity insurance covering all Persons responsible for handling Association
funds in an amount determined in the Board's business judgment.
14.1.6 Insurance coverage, in such amounts as the Board may in its discretion
determine, to indemnify, directors, officers and agents of the Association pursuant to Section 15.2.
14.1.7 Such other insurance (including directors and officers liability) as the Board
deems advisable.
14.2 Insurance Not Available
If the insurance specified in Section 14.1 is not reasonably available, the Association must
promptly cause notice of that fact to be given to all Lot Owners.
14.3 Lot Owner's Insurance
Every Lot Owner, at his own expense, shall insure the Owner's own Building against loss or
damage by fire or other casualty in an amount equal to the full replacement value thereof. Every Lot
Owner shall secure liability insurance covering the Owner's Lot. However, no Lot Owner shall be
entitled to maintain insurance coverage in any manner that would decrease the amount that the Board, or
any trustee for the Board, on behalf of all of the Lot Owners, would otherwise realize under any insurance
policy that the Board may have in force at any particular time. The Board may adopt rules that establish
other requirements for Lot Owner's coverage. The Association shall have no liability for an Owner's
failure to obtain insurance coverage. At the request of the Board, Lot Owners shall provide the Board
with a copy of such individual policy or policies, and the Board may review its effect with the
Association's insurance consultants.
14.4 Common Area Repair and Replacement
If the property covered by the insurance specified in Section 14.1.1 is damaged or destroyed, the
Association shall (to the extent permitted by any persons or entities to whom the damaged property is
pledged as collateral), upon receipt of the insurance proceeds, contract to rebuild or repair such property
to as good a condition as it was in when the loss occurred unless (a) Mirror Lake Highland Cottages is
terminated, (b) repair or replacement would be illegal, or (c) eighty percent (80%) of the Lot Owners vote
not to rebuild. The Association may contract with any licensed contractor for reconstruction or rebuilding
of such property. During the Development Period, the Developer may elect to rebuild the damaged or
destroyed portions of the property to the extent it receives insurance proceeds to cover said repair or
reconstruction.
14.5 Lot Building Repair and Replacement
The Lot Owner of any Building on a Lot damaged or destroyed by fire or other casualty shall,
upon receipt of the insurance proceeds, contract to repair or rebuild the damaged or destroyed portions of
the Building in a good workmanlike manner in conformance with the original plans and specifications of
said Building. The plans and specifications for said Building may be modified and said Building may be
reconstructed in accordance with said modified plans and specifications if the Lot Owner secured
approval in conformance with Section 4.4. If the Lot Owner refuses or fails to commence such repair or
rebuilding within thirty (30) days after such damage or destruction, the Association is hereby authorized
by such Lot Owner to repair and rebuild any such Building in a good workmanlike manner in
conformance with the original plans and specifications. The Lot Owner shall then repay the Association
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the amount actually expended for such repairs. The Association shall have a lien against the Lot for such
amount and the rights to collect said lien as provided in ARTICLE 10.
14.6 Special Policy Requirements
Insurance policies carried pursuant to Section 14.1.1 shall provide that:
(a) Each Lot Owner is an insured person under the policy with respect to liability
arising out of the Lot Owner's interest in the Common Area or membership in the Association;
(b) The insurer waives its right to subrogation under the policy against any Lot
Owner, and any member of the Lot Owner's household;
(c) Any act or omission by any Lot Owner, unless acting within the scope of the Lot
Owner's authority on behalf of the Association, will not void the policy or is not a condition to recovery
under the policy;
(d) If, at the time of a loss under the policy, there is other insurance in the name of a
Lot Owner covering the same risk covered by the policy, the Association's policy provides primary
insurance;
(e) The insurer shall not be relieved from liability for loss occurring while the hazard
to such Building(s) is increased, whether or not within the knowledge or control of the Board, or because
of any breach of warranty or condition or any other act or neglect by the Board, the Lot Owners or any
other persons acting under authority of any of them;
(f) The policy may not be cancelled (whether or not requested by the Board) except
by the insurer giving at least thirty (30) days prior written notice thereof to the Board and every other
person in interest who shall have requested such notice of the insurer;
(g) The policy contains a cross -liability endorsement wherein the rights of an insured
party under the policy or policies shall not be prejudiced as respects actions against another insured party
thereunder, or other equivalent coverage in cases of liability of the Association or Lot Owners to other
Lot Owners; and
(h) The policy contains a standard mortgagee clause which shall:
(i) Provide that any reference to a Mortgagee in such policy shall mean and
include all holders of Mortgages of a Lot or a Lot lease or sublease, in their respective order and
preference, whether or not named therein;
(ii) Provide that such insurance as to the interest of any Mortgagee shall not
be invalidated by any act or neglect of the Board, and Lot Owners or any persons acting under authority
of any of them; and
(iii) Waive any provision invalidating such mortgage clause by reason of the
failure of any Mortgagee to notify the insurer of any hazardous use or vacancy, any requirement that the
Mortgagee pay any premium thereon, and any contribution clause.
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ARTICLE 15 LIMITATION OF LIABILITY; INDEMNIFICATION
15.1 Limitation of Liability
No person who serves as a member of the Board (including the initial Board) or as an officer of
the Association (including Developer) shall be personally liable to the Association or any Lot Owner or
any other party for conduct as a member of the Board and shall be protected to the fullest extent permitted
by law. If Washington 'State Law is amended after adoption of this Declaration, then the liability of each
Board Member and officer of the Association shall be limited to the full extent permitted by the
Washington State Law, as so amended. No repeal or modification of this Section 15.1 shall adversely
affect any right or protection of a Board Member existing at the time of such repeal or modification.
15.2 Indemnification
15.2.1 Board Members. The Association shall indemnify and hold all persons who
serve as a member of the Board or the initial Board or as a Board member and officer of the Association
(including Developer, to the extent Developer acts in any such capacity), harmless to the full extent
permitted by Washington State Law as it now exists or as it is amended hereafter. This indemnification
shall continue as to a person who has ceased to be a Board Member and/or officer and shall inure to the
benefit of that person's heirs, personal representatives, or assigns. The Association may, upon written
request, advance expenses incurred by the Board Members and/or officers entitled to this indemnification.
If a claim for indemnification or advance of expenses is not paid within sixty (60) days after a written
claim has been received by the Association, the claimant may sue the Association to recover any unpaid
amount. If successful, the claimant shall be entitled to reasonable costs and attorneys' fees.
15.2.2 Officers. In addition, the Association shall have the power to indemnify an
officer who is not a Board member, as well as employees and agents of the Association who are not
Board Members (including the Developer), to the full extent permitted by Washington State Law as it
now exists or is amended hereafter. Whether an officer, agent or employee who is not a Board member
should be indemnified and the amount of indemnification to be provided shall be determined by general
or specific action of the Board of Directors.
15.2.3 Insurance. The Association shall have the power to purchase and maintain
insurance on behalf of any person who is or was a Board member, officer, employee, or agent of the
Association against any liability asserted against him and incurred by him in such capacity or arising out
of his status as such, whether or not the Association would have the power to indemnify him against such
liability under the provisions of Washington State Law.
15.2.4 Guarantees. The Association shall indemnify, defend and hold any Board
Member or officer harmless for any obligation of the Association which the Board Member or officer
personally guaranteed, so long as that Association obligation has been authorized and/or ratified by the
Board of Directors as provided for in the Bylaws.
15.2.5 Conformance with Law. If any provision of this Section 15.2 is in violation of
the Washington State Law in effect at the time of the request for indemnification, then that provision shall
be automatically modified to provide the broadest indemnification available under the existing
Washington State Law.
15.2.6 Not Cxclusive. The rights to indemnification, limitation of liability, and to the
advancement of expenses conferred in Sections 15.1 and 15.2 shall not be exclusive of any other right
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which any person may have or hereafter acquire under any statute, the Association's Articles of
frlcorporation, Bylaws, agreement, or vote of Members, disinterested Board Members or otherwise.
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PART IV
MISCELLANEOUS
ARTICLE 16 DEVELOPMENT PERIOD; DEVELOPER'S RIGHTS DURING
DEVELOPMENT PERIOD
16.1 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, but in any event the Development Period
shall terminate ten (10) yeas after the recording of this Declaration. Notwithstanding the foregoing, the
Developer, at its option, may elect to terminate the Development Period at any time by recording with the
King County Recorder a Notice of Termination of Development Period referencing this Declaration and
stating that the Development Period is terminated.
16.2 Developer's Authority During Development Period
The Development Rights and Special Declarant Rights are hereby reserved for use by the
Developer. During the Development Period, the Developer, without further authority from or action by
the Lot Owners, may exercise any Development Rights and Special Declarant Rights. The Developer
shall have no obligation to submit plans to the DRC or obtain the approval of the DRC prior to erecting,
placing or altering any Building, fence or other improvement on any Lot or Common Area, or
landscaping any Lot or Common Area. Upon termination of the Development Period, administrative
power and authority for management of the Property shall pass to the Board of Directors and Members as
provided herein and in the Bylaws.
ARTICLE 17 MORTGAGEE PROTECTION
The following provisions shall apply to and benefit each holder of a Mortgagee of a mortgage or
deed of trust given for the purpose of obtaining funds for the construction or purchase of a Building on
any Lot or the improvement of any Lot, notwithstanding and prevailing over any other provisions of this
Declaration, the Bylaws, or any rules, regulations or management agreements:
17.1 Before Possession
Prior to the time a Mortgagee is entitled to possession of a Lot, the Mortgagee shall not be
personally liable for the payment of any assessment or charge, or for the observance or performance of
any covenant, restriction, regulation, rule, Bylaw or management agreement, except for those matters
which are enforceable by injunctive or other equitable relief, not requiring the payment of money, as
hereinafter provided.
17.2 During Foreclosure
During the pendency of any proceeding to foreclose said mortgage or deed of trust, the
Mortgagee may exercise any or all of the rights and privileges of the Lot Owner of the mortgaged Lot,
including, but not limited to, the right to vote as a Member of the Association to the exclusion of the Lot
Owner's exercise of such rights and privileges.
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17.3 During Possession
At such time as said Mortgagee shall become entitled to possession of the Lot, the Mortgagee
shall be subject to all of the terms and conditions of this Declaration and the Bylaws, including, but not
limited to, the obligation to pay for all Assessments and charges accruing thereafter, in the same manner
as the Lot Owner; provided, however, the Mortgagee shall acquire the title to said Lot free and clear of
any lien authorized by or arising out of any provisions of this Declaration which secures the payment of
any assessment for charges accrued prior to the date said Mortgagee became entitled to possession of the
Lot.
17.4 Unpaid Assessments
If it is deemed necessary by the Association, any unpaid assessment against a Building foreclosed
against may be treated as a Common Expense of the other Lots. Any such unpaid Assessments shall
continue to be a personal obligation of the defaulting Lot Owner of the respective Lot.
ARTICLE 18 AMENDMENT OF DECLARATION
18.1 Developer's Reserved Rights
The Developer reserves the right and, on behalf of all Lot Owners, is hereby authorized to
execute and to have recorded any amendments to this Declaration it deems necessary prior to the
termination of the Development Period. All Lot Owners hereby grant to the Developer a full and
complete power of attorney to take those actions and agree that said amendments shall be binding upon
their respective Lots and them and their assigns to the same extent as if they had personally executed said
amendments. All Lot Owners hereby acknowledge and agree that the power of attorney granted herein
shall be deemed coupled with an interest and shall be irrevocable.
18.2 Amendment by Members
After termination of the Development Period, this Declaration may be amended only by vote or
agreement of Lot Owners of Lots to which at least sixty-seven percent (67%) of the votes in the
Association are allocated, provided that any amendment that alters the provisions of any easement set
forth in ARTICLE 13 herein shall require the approval of the party benefited by said easement. After
such approval, the President and Secretary of the Association, for and on behalf of the Lot Owners, shall
certify that the amendment was properly adopted and execute and record said amendment.
18.3 Exceptions
Except to the extent expressly permitted or required by the Act, an amendment may not create or
increase Special Declarant Rights, increase the number of Lots, change the boundaries of any Lot, or
change the allocated interests of a Lots without the consent of Lots Owners to which at least ninety
percent (90%) of the votes in the Association are allocated, including the consent of any Lot Owner of a
Lot, the boundaries of which or allocated interest of which is changed by the amendment.
18.4 Corrective Amendments
Upon thirty (30) days' advance notice to Lot Owners, (a) the Developer may, without a vote of
the Lot Owners or approval by the Board, and within five (5) years after the recordation or adoption of the
Governing Documents containing or creating a mistake, inconsistency, error, or ambiguity, or (b) the
Board may, upon a vote of two-thirds (2/3rds) of the members of the Board: adopt, execute, and record a
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corrective amendment or supplement to the Governing Documents to correct a mathematical mistake, an
inconsistency, or a scrivener's error, or clarify an ambiguity in the Governing Documents with respect to
an objectively verifiable fact. Any such amendment or supplement may not materially reduce what the
obligations of the Developer would have been if the mistake, inconsistency, error, or ambiguity had not
occurred.
18.5 Limitation of Action
In the absence of fraud, any action to challenge the validity of an amendment adopted pursuant to
this Section may not be brought more than one (1) year after the amendment is recorded.
ARTICLE 19 NOTICE
Notice to the Association, Board, or any Lot Owner or occupant of a Lot must be provided in the
form of a Record. Notwithstanding the methods to deliver notice set forth in this ARTICLE 19, notice
may be given by any other method reasonably calculated to provide notice to the recipient. The
ineffectiveness of a good -faith effort to deliver notice by an authorized means does not invalidate action
taken at or without a meeting.
19.1 Tangible Medium
Notice provided in a Tangible Medium may be transmitted by mail, private carrier, or personal
delivery, or facsimile addressed to the Association's registered agent at its registered office, to the
Association at its principal office shown in its most recent annual report or provided by notice to the Lot
Owners, or to the president or secretary of the Association at the address shown in the Association's most
recent annual report or provided by notice to the Lot Owners. Notice in a Tangible Medium to a Lot
Owner or occupant must be addressed to the Lot address unless the Lot Owner or occupant has requested,
in a Record delivered to the Association, that notices be sent to an alternate address or by other method
allowed by this Section and the Governing Documents.
19.2 Electronic Transmission
Notice to Lot Owners or Board members by Electronic Transmission is effective only upon Lot
Owners or Board members who have consented, in the form of a Record, to receive Electronically
Transmitted notices and have designated in the consent the address, location, or system to which such
notices may be Electronically Transmitted, provided that such notice otherwise complies with any other
requirements of the Act or other applicable law. A Lot Owner or Board member who has consented to
receipt of Electronically Transmitted notices may revoke such consent by delivering a revocation to the
Association in the form of a Record. The consent of any Lot Owner or Board member is revoked if the
Association is unable to Electronically Transmit two (2) consecutive notices given by the Association in
accordance with the consent, and this inability becomes known to the secretary of the Association or any
other person responsible for giving the notice. The inadvertent failure by the Association to treat such
inability as a revocation does not invalidate any meeting or other action. Notice to Lot Owners or Board
members who have consented to receipt of Electronically Transmitted notices may be provided by posting
the notice on an electronic network and delivering to the Lot Owner or Board member a separate Record
of the posting, together with comprehensible instructions regarding how to obtain access to the posting on
the electronic network. Notice to an Association in an Electronic Transmission is effective only if the
Association has designated in a Record an address, location, or system to which the notices may be
Electronically Transmitted.
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19.3 When Effective
Notice is effective as follows:
(a) Notice provided in a Tangible Medium is effective as of the date of hand
delivery, deposit with the carrier, or when sent by fax.
(b) Notice provided in an Electronic Transmission is effective as of the date it is
Electronically Transmitted to an address, location, or system designated by the recipient for that purpose,
or it has been posted on an electronic network and a separate Record of the posting has been sent to the
recipient containing instructions regarding how to obtain access to the posting on the electronic network.
ARTICLE 20 GENERAL PROVISIONS
20.1 Covenant Running with the Land
The provisions of this Declaration shall run with and bind the land, and shall inure to the benefit
of and be enforceable by the Lot Owners, their respective legal representatives, heirs, successors and
assigns.
20.2 Termination
Except as otherwise set forth in the Act, Mirror Lake Highland Cottages and this Declaration may
be terminated by agreement of Lot Owners of Lots to which at least eighty percent (80%) of the votes in
the Association are allocated, pursuant to the terms and procedures set forth in the Act.
20.3 Subordination
A breach of any of the provisions contained herein or any reentry by reason of such breach shall
not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value as
to said premises or any part thereof; but said provisions shall be binding upon and effective against any
Lot Owner of said premises whose title thereto is acquired by foreclosure, trustee's sale or otherwise.
20.4 Severability
Invalidation of any provision of this Declaration by judgment or court order shall in no way affect
any other provisions, which shall remain in full force and effect.
20.5 Gender
This Declaration is to be read and understood with all appropriate changes of a number and
gender as required by the context.
20.6 Headings
The captions in this Declaration are for convenience only and do not in any manner affect, limit,
or amplify the provisions hereof.
20.7 Inflationary Increases in Dollar Limits
The dollar limits specified in this Declaration may, in the discretion of the Board, be increased
proportionately to adjust for any inflation in the value of the dollar by the Consumer Price Index for all
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Urban Consumers (1982 — 1984 = 100 (semi-annual)) specified for "All Items," relating to Seattle -
Tacoma -Bremerton, Washington and issued by the Bureau of Labor Statistics of the United States
Department of Labor, or any successor index. If the index for Scattle-Tacoma-Bremerton is discontinued,
the National Index shall be used in this calculation. In the event the index shall hereafter be converted to
a different standard reference base or otherwise revised, the increase shall be made with the use of such
conversion factor, formula or table for converting the index as may be published by the Bureau of Labor
Statistics or, if said Bureau shall not publish the same, then with the use of such conversion factor,
formula or table as may be published by Prentice Hall, Inc., or, failing such publication, by any other
nationally recognized publisher of similar statistical information. In the event the index shall cease to be
published, then there shall be substituted for the index such other index as the Board deems reasonable.
IN WITNESS WHEREOF, Developer has hereunto set its hand and seal the day and year first
above written.
DEVELOPER:
Mirror Lake Highland, LLC,
a Washington limited liability company
William McCaffrey, Manager
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
THIS IS TO CERTIFY that on this day of _ , 2018, before me, a Notary
Public in and for the State of Washington, duly commissioned and sworn, came William McCaffrey,
personally known or having presented satisfactory evidence to be the manager of Mirror Lake Highland,
LLC, a Washington limited liability company, the limited liability company that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said
limited liability company for the uses and purposes therein mentioned, and on oath stated that she is
authorized to execute the said instrument.
WITNESS MY HAND and official seal the day and year in this certificate first above written.
Print Name:
Notary Public in and for the
State of Washington, residing at
Expiration Date,
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'RECEIVED
SEP 10 2018 MASTER LAND USE APPLICATION
A::% DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
33325 8`h Avenue South
CITY OF CITY OF F�{EVELI WAY Federal Way, WA 98003-6325
Federal Way COMMUNITY DEVELOPI+�i=NT 253-835-2607; Fax 253-835-2609
www.cityofrcdera[%vay.com
APPLICATION NO(S) _ 6 p l 0 -r ( I O J v1 _ Date
Project Name I o t (L A t� �- C)
Property Address/Location
12uO 31 �-
A '�
Parcel Number(s) d� i 3 [ } 1 r ! , Project Description 2 0(, _ "M K43�
PLEASE PRINT
Type of Permit Required
Annexation
Binding Site Plan
Boundary Line Adjustment
Comp Plan/Rezone
Land Surface Modification
Lot Line Elimination
Preapplication Conference
Process I (Director's Approval)
Process II (Site Plan Review)
Process III (Project Approval)
Process IV (Hearing Examiner's Decision)
Process V (Quasi -Judicial Rezone)
Process VI
SEPA w/Project
SEPA Only
Shoreline: Variance/Conditional Use
Short Subdivision
Subdivision
Variance: Commercial/Residential
Required Information
Zoning Designation
[PLO Comprehensive Plan Designation
NA Value of Existing Improvements
1 ! A- Value of Proposed Improvements
International Building Code (IBC):
Occupancy Type
Construction Type
Applicant
Name: 0Iw
Address: -3 C)61 tOt 3 111L PL • Sv-� '
City/State: Fr-Q ER.4kt, \0 k"(
Zip: cl&9pC,>2*j
Phone: z 3 - 1011 ^6-1' 1
Fax: e. o£� CV d Stu 0 tl). CC"
Email: 11 r
Signature: I, nn _. l ,
Agent (if different tl�i) Applicant)
Name:
Address:
City/State:
Zip:
Phone:
Fax:
Email:
Signature:
Owner
Name: MARA I.A4L.
Address: 3 OR 2a 31 "51
City/State: `i�t gTL, VJ
Phone: q E70 9
Fax: 2''J " �'i~ P24
Email:��elkre�r 1iGvu'IGJ�i�� i�Er
Signature-.
23
Bulletin #003 —January 1, 2011 Page 1 of 1 k:\Handouts\Master Land Use Application
Return Address:
.��LL—
�7-& L- kAjA.Q trl ctgo,
20190128000060
KING cOUNTy. WA
Please print or type information WASHINGTON STATL
WVV1W •-•ate y v __
Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in)
1. r'l' t Ln ll-r-k'R., -,1'- 1_ - _ e .
Reference Number(s) of Documents assigned or released:
Additional reference #,s on page of document
Grantor(s) Exactly as name(s{)''appear on document
1. kk-LAfL][1
2.
Additional names on page of document.
Grantee(s) Exactly as name(s) appear on document
I. 10(1 CF)Uh-`t T*L A0 �,
2.
Additional names on page of document.
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
1 1
Additional legal is on page of document.
Assessor's Property Tax Parcel/Account Number
� El Assessor Tax #not yet assigned
The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document
to verify the accuracy or cam ieteness of the indexing information provided herein.
"I am signing below and paying an additional $50 recording fee (as provided in RCW 36.18.010 and
referred to as an emergency nonstandard document), because this document does not meet margin and
formatting requirements. Furthe more, I hereby understand that the recording process may cover up or
othobsc obscure sorr�e park of text of the original document as a result of this request."
Tn A ffil / i
to su bm i tier: ID o not
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additional $50 fee if the document meets
uirements
DECLARATION OF PROTECTIVE COVENANTS
FOR MIRROR LAKE HIGHLAND
A Plat Community
This Declaration of Protective Covenants for Mirror Lake Highland, a Plat Community (this
"Declaration") is made as of 16W&LM 2A `M, 2019 by Mirror Lake Highland, LLC
("Developer").
RECITALS AND DECLARATION
Developer is the Developer and owner of the real property and improvements thereon legally
described in Exhibit A, known as Mirror Lake Highland, a Plat Community (the "Property" or "Mirror
Lake Highland"). The Property is comprised of the real property legally described on Exhibit A attached
hereto and shown on maps recorded with the King County Recorder under Recording No.
0 o 577
Developer hereby publishes and declares that the Property shall be held, sold, conveyed,
encumbered, leased, rented, used, occupied, and improved subject to the following covenants, conditions,
restrictions, easements, reservations, and agreements, all of which are for the purpose of enhancing and
protecting the character, attractiveness, and desirability of Mirror Lake Highland. Those covenants,
conditions, restrictions, easements, and reservations, shall run with the Property and shall be a burden
upon and a benefit to the Property 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.
The Developer intends that the Property will be a community in every sense of the word and that
the Owners of Lots within the Mirror Lake Highland community will work together to form strong and
mutually beneficial bonds. The design of the buildings and other improvements within the community is
intended to encourage interaction among residents. Developer hopes that the Owners will find the
Property a satisfying place to live for many years.
Declaration of Protective Covenants
B0496388.DOC for Mirror Lake Highland
After recording, return to;
Joshua Rosenstein
Hanson Baker Ludlow Drumheller P.S.
2229 — 112t' Ave. NE, Suite 200
Bellevue, Washington 98004
DECLARATION OF PROTECTIVE COVENANTS
FOR MIRROR LAKE HIGHLAND
A Plat Community
Declaration of Protective Covenants for Mirror Lake Highland, a
DOCUMENT TITLE
Plat Community
REFERENCE NO. OF
DOCUMENTS ASSIGNED/
N/A
RELEASED
GRANTOR
Mirror Lake Highland, LLC
King County
GRANTEE
The Public
LEGAL DESCRIPTION
Portion NE '/o Sec 7 Twn 21N, Rng 4E
072104-9111; 072104-9110; 072104-9114; 072104-9109;
ASSESSOR'S PARCEL NO.
072104-9024
DECLARATION OF PROTECTIVE COVENANTS
FOR MIRROR LAKE HIGHLAND
A Plat Community
TABLE OF CONTENTS
PART I DEFINITIONS
ARTICLE 1 DEFINITIONS
1.1
Act
1.2
Assessments
1.3
Association
1.4
Board
1.5
Building
1.6
Common Area
1.7
Common Expenses
1.8
Declaration
1.9
Design Review Committee
1.10
Developer
1.11
Development Right
1.12
Electronic Transmission
1.13
Governing Documents
1.14
Lot
1.15
Lot Owner
1.16
Map
1.17
Member
1.18
Mortgage
1.19
Mortgagee
1.20
Period of Developer Control
1.21
Property
1.22
Record
1.23
Special Declarant Rights
1.24
Tangible Medium
1.25
Writing
1.26
Written
PART II RIGHTS AND OBLIGATIONS OF OWNERS; PROPERTY PROTECTIONS AND
RESTRICTIONS
ARTICLE 2 PROPERTY USE
2.1
Number of Lots
2.2
Residential Use of Property
2.3
Home Businesses
2.4
Parking Certain Vehicles
2.5
Use of Garage
2.6
Motor Vehicles
2.7
Common Storage Shed
2.8
Storage on Lots
2.9
Signs
2.10
Lighting
2.11
Animals
1
2
2
2
2
2
2
2
2
3
3
3
3
3
3
3
3
4
4
4
4
4
4
4
5
5
5
5
5
0
6
6
6
6
6
6
6
7
7
7
7
7
Declaration of Protective Covenants
B0496388.DOC for Mirror Lake Highland
2.12
Plants
8
2.13
Trash Disposal
8
2.14
Unsightly Conditions
8
2.15
Antenna
8
2.16
Air Conditioning Unit
9
2.17
Machinery and Equipment
9
2.18
Oil Drilling, Etc.
9
2.19
Motors
9
2.20
Yard Art
9
2.21
Nuisances
9
2.22
Hazardous Activities
9
2.23
Development Activities Exempted
10
2.24
Violations
10
ARTICLE 3
LEASING
10
3.1
General
10
3.2
Limitations on Number of Rental Lots
10
3.3
Waiting List
10
3.4
Hardships
11
3.5
Rules and Regulations
11
ARTICLE 4
DESIGN REVIEW
11
4.1
Design Review Committee
11
4.2
Authority
11
4.3
Submission of Plans
11
4.4
Approval of Plans
12
4.5
Criteria
12
4.6
Effect of Design Review Committee Approval
12
4.7
No Liability
12
4.8
Conduct of Construction
12
ARTICLE 5
BUILDING AND CONSTRUCTION RESTRICTIONS
13
5.1
Single Family Residence
13
5.2
Local Codes
13
5.3
Exterior Finish
13
5.4
Fences
13
5.5
Roofing
14
5.6
Prefabricated Buildings.
14
5.7
Lighting
14
5.8
Temporary Occupancy and Temporary Buildings
14
5.9
Storage Sheds and Outside Storage
14
5.10
Landscaping
14
5.11
Grading
14
5.12
Utility Service
14
5.13
Solar Energy Panels
14
ARTICLE 6
EXTERIOR AND COMMON AREA MAINTENANCE
15
6.1
Lot Owners' Obligations
15
6.2
Association Right to Perform Maintenance
15
6.3
Common Area Maintenance
16
ARTICLE 7
PROPERTY RIGHTS IN THE COMMON AREA
16
7.1
Association Control of Common Area
16
ii
Declaration of Protective Covenants
B0496388.DOC
for Mirror Lake Highland
7.2
Restrictions on Use of Common Area
16
7.3
Buffers
16
7.4
Conveyance of Common Area
17
7.5
Developer's Rights in the Common Area
17
ARTICLE 8
GENERAL PROTECTIVE COVENANTS
17
8.1
Partition
17
8.2
Subdivision or Combination
17
PART III MANAGEMENT
AND OPERATION OF THE OWNERS ASSOCIATION
18
ARTICLE 9
MIRROR LAKE HIGHLAND OWNERS ASSOCIATION
18
9.1
Establishment
18
9.2
Membership
18
9.3
Voting
18
9.4
Bylaws
19
9.5
Management of the Association by the Board
19
9.6
Authority of the Association
21
9.7
Rules
22
9.8
Association Records
23
9.9
Examination of Records
24
9.10
Financial Statements
24
9.11
Association Funds
24
9.12
Borrowing
24
ARTICLE 10
COVENANT FOR ASSESSMENTS
25
10.1
Creation of Lien and Personal Obligation of Assessment
25
10.2
Purpose of Assessments
25
10.3
Initial Assessment
25
10.4
Commencement of Assessments
25
10.5
Annual Assessments
25
10.6
Special Assessments
26
10.7
Initial Payment for Working Capital
26
10.8
Estimated Budget and Assessments
26
10.9
Payment By Owners
27
10.10
Interest, Late Charges, Expenses and Attorneys' Fees
27
10.11
Payment by Mortgagees
27
10.12
Surplus Funds
27
10.13
Record of Assessments; Reconciliation
27
10.14
Uniform Rate of Assessment
28
10.15
Owner Misconduct
28
10.16
Reserve Study
28
ARTICLE 11
LIEN FOR ASSESSMENTS; COLLECTION
29
11.1
Lien in Favor of Association
29
11.2
Priority of Association Lien
29
11.3
Recording Not Required
30
11.4
Limitations on Enforcement
30
11.5
Enforcement of Lien
30
11.6
Appointment of Receiver
30
11.7
Personal Liability of Lot Owners
31
11.8
Statement of Assessment
31
ARTICLE 12 ENFORCEMENT 31
a
B0496388 DOC
Declaration of Protective Covenants
for Mirror Lake Highland
12.1 Enforcement
31
12.2 Fines
31
12.3 Remedies
31
12.4 Waiver
31
12.5 Costs and Attorney Fees
32
ARTICLE 13 EASEMENTS
32
13.1 Garage Easements
32
13.2 Utility and/or Access Easements
33
13.3 Association Functions
34
13.4 Release and Indemnification
34
13.5 Running with the Land
34
ARTICLE 14 INSURANCE
34
14.1 Insurance provided by the Association
34
14.2 Insurance Not Available
35
14.3 Lot Owner's Insurance
35
14.4 Common Area Repair and Replacement
35
14.5 Lot Building Repair and Replacement
35
14.6 Special Policy Requirements
36
ARTICLE 15 LIMITATION OF LIABILITY; INDEMNIFICATION
37
15.1 Limitation of Liability
37
15.2 Indemnification
37
PART IV MISCELLANEOUS
39
ARTICLE 16 DEVELOPMENT PERIOD; DEVELOPER'S RIGHTS DURING DEVELOPMENT
PERIOD
39
16.1
Development Period
39
16.2
Developer's Authority During Development Period
39
ARTICLE 17 MORTGAGEE PROTECTION
39
17.1
Before Possession
39
17.2
During Foreclosure
39
17.3
During Possession
40
17.4
Unpaid Assessments
40
ARTICLE 18 AMENDMENT OF DECLARATION
18.1
Developer's Reserved Rights
18.2
Amendment by Members
18.3
Exceptions
18.4
Corrective Amendments
18.5
Limitation of Action
ARTICLE 19 NOTICE
19.1 Tangible Medium
19.2 Electronic Transmission
19.3 When Effective
ARTICLE 20 GENERAL PROVISIONS
20.1 Covenant Running with the Land
20.2 Termination
20.3 Subordination
20.4 Severability
iv
B0496388.DOC
40
40
40
40
41
41
41
41
41
42
42
42
42
40
42
Declaration of Protective Covenants
for Mirror Lake Highland
20.5 Gender
20.6 Headings
20.7 Inflationary Increases in Dollar Limits
42
42
42
Declaration of Protective Covenants
B0496388.DOC for Mirror Lake Highland
PART I
DEFINITIONS
ARTICLE 1 DEFINITIONS
1.1 Act
The term "Act" shall mean the Washington Uniform Common Interest Ownership Act, RCW Ch.
64.90, as it shall be amended from time to time.
1.2 Assessments
The term "Assessments" means all sums chargeable by the Association against a Lot, including
any assessments levied pursuant to ARTICLE 10, fines or fees levied or imposed by the Association
pursuant to the Act or the Governing Documents, interest and late charges on any delinquent account, and
all costs of collection incurred by the Association in connection with the collection of a delinquent Lot
Owner's account, including reasonable attorneys' fees.
1.3 Association
The term "Association" means the Mirror Lake Highland Owners Association, an association of
Lot Owners of Mirror Lake Highland acting collectively in accordance with its governing documents and
this Declaration.
1.4 Board
The term "Board" means the Board of Directors of the Association which shall have all powers
authorized by this Declaration and the governing documents of the Association.
1.5 Building
The term "Building" means any building or structure constructed or located within Mirror Lake
Highland, and all appurtenances thereto.
1.6 Common Area
The term "Common Area" means Tracts A, B, C, D, E and X as shown on the Map and any other
areas owned by the Association and/or the Lot Owners for the common use and enjoyment of all of the
Lot Owners, and includes, but is not limited to, the commons building, garage buildings (subject to
Garage Easements pursuant to Section 13.1), the easement for ingress and egress encumbering Lots 1 and
2, view decks, garbage and recycling facilities, storm water management system, sidewalks, pedestrian
paths and roads. Any streets or other areas dedicated or conveyed to a governmental entity for public use
are not Common Area. In the event the Common Area described on the recorded Map is different from
those described herein, the Common Area described on the Map shall be deemed the Common Area
unless this Declaration has been amended or modified to change the Common Area shown on the Map.
The term "Common Area" shall have the same meaning as the term "Common Element" as defined in the
Act, except to the extent defined otherwise in this Declaration.
2
Declaration of Protective Covenants
B0496388. DOC for Mirror Lake Highland
1.7 Common Expenses
The term "Common Expenses" means any expense of the Association, including allocations to
reserves, allocated to all of the Lot Owners in accordance with common expense liability set forth in
Section 10.14.
1.8 Declaration
The term "Declaration" means this Declaration of Protective Covenants for Mirror Lake
Highland, a Plat Community.
1.9 Design Review Committee
The term "Design Review Committee" or "DRC" means the Design Review Committee formed
pursuant to ARTICLE 4.
1.10 Developer
The term "Developer" means Mirror Lake Highland, LLC, or a person or entity to which it
assigns its rights as Developer. The term "Developer" shall have the same meaning as the term
"Declarant" as defined in the Act, except to the extent defined otherwise in this Declaration.
1.11 Development Right
The term "Development Right" means the any right or combination of rights to: (a) add real
estate or improvements to Mirror Lake Highland; (b) create Lots or common elements, or limited
common elements within Mirror Lake Highland; (c) subdivide or combine Lots or convert Lots into
Common Area; (d) withdraw real estate from Mirror Lake Highland; or (e) reallocate Garage Easements
with respect to Lots that have not been conveyed by Developer.
1.12 Electronic Transmission
The terms "Electronic Transmission' or "Electronically Transmitted" mean any electronic
communication (a) not directly involving the physical transfer of a Record in a Tangible Medium and (b)
that may be retained, retrieved, and reviewed by the sender and the recipient of the communication, and
that may be directly reproduced in a Tangible Medium by a sender and recipient.
1.13 Governing Documents
The term "Governing Documents" means articles of incorporation and Bylaws of the Association,
Map, Declaration, rules, or other written instrument by which the Association has the authority to exercise
any of the powers provided for in the Act or to manage, maintain, or otherwise affect the Property.
1.14 Lot
The term "Lot" means any one of the residential lots located within the Property as shown on the
Map. The term "Lot" shall have the same meaning as the term "Unit" as defined in the Act, except to the
extent defined otherwise in this Declaration.
Declaration of Protective Covenants
B0496388_DOC for Mirror Lake Highland
1.15 Lot Owner
The term "Lot Owner" means 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 Developer shall be the Lot Owner until it sells the Lot. The term "Lot
Owner" shall have the same meaning as the term "Unit Owner" as defined in the Act, except to the extent
defined otherwise in this Declaration.
1.16 Map
The term "Map" means the official plat map recorded with the King County Recorder under
Recorder's File No. 2,0 t 7 `Z OOU6 SC , and any amendments thereto, which subdivides
the Property into thirteen (13) Lots.
1.17 Member
The term "Member" means every Lot 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.
1.18 Mortgage
The term "Mortgage" means a mortgage, deed of trust or real estate contract covering a Lot or
other portion of the Property.
1.19 Mortgagee
The term "Mortgagee" means an institutional lender (i.e., a bank, savings and loan association,
insurance company, FHA -approved mortgage lender, or FannieMae), which is the holder of a note and
mortgage or the beneficiary of a deed of trust covering a Lot or other portion of the Property, and shall
also mean the vendor under a real estate contract covering a Lot.
1.20 Period of Developer Control
The term "Period of Developer Control" means that period of time beginning on the date that this
Declaration is recorded and continuing until the earliest of. (a) sixty (60) days after conveyance of
seventy-five percent of the Lots that may be created to Lot Owners other than Developer; (b) two (2)
years after the last conveyance of a Lot, except to a dealer; (c) two (2) years after any right to add new
Lots was last exercised; or (d) the day the Developer, after giving notice in a record to Lot Owners,
records an amendment to the Declaration voluntarily surrendering all rights to appoint and remove
officers and board members.
1.21 Property
The term "Property" means the Property referred to herein as Mirror Lake Highland as more
specifically described in Exhibit A, attached hereto and by this reference made a part hereof.
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Declaration of Protective Covenants
B0496388.DOC for Mirror Lake Highland
1.22 Record
The term "Record," when used as a noun, means information inscribed on a Tangible Medium or
contained in an Electronic Transmission.
1.23 Special Declarant Rights
The term "Special Declarant Rights" means rights hereby reserved for the benefit of the
Developer to: (a) complete any improvements indicated on the map or described in the declaration or the
public offering statement pursuant to RCW 64.90.605(10)(1)(h); (b) exercise any Development Right; (c)
maintain sales offices, management offices, signs advertising Mirror Lake Highland, and models; (d) use
easements through the Common Area for the purpose of making improvements within the Property; (e)
appoint or remove any officer or Board member of the Association or to veto or approve a proposed
action of the Board or the Association, pursuant to RCW 64.90.415; (f) control the Design Review
Committee and any other construction, design review, or aesthetic standards committee or process; (g)
attend meetings of the Lot Owners and, except during an executive session, the Board; and (h) have
access to the records of the Association to the same extent as a Lot Owner.
1.24 Tangible Medium
The term "Tangible Medium" means a writing, copy of a writing, facsimile, or a physical
reproduction, each on paper or on other tangible material.
1.25 Writing
The term "Writing" does not include an Electronic Transmission.
1.26 Written
The term "Written" means embodied in a Tangible Medium.
Declaration of Protective Covenants
B0496388.DOC for Mirror Lake Highland
PART II
RIGHTS AND OBLIGATIONS OF OWNERS;
PROPERTY PROTECTIONS AND RESTRICTIONS
ARTICLE 2 PROPERTY USE
2.1 Number of Lots
Developer has created sixteen (16) Lots on the Property.
2.2 Residential Use of Property
The Lots shall be used only for single family residential purposes, on an ownership, rental or
lease basis, and for social, recreational or other reasonable uses normally incident to such purposes.
2.3 Home Businesses
A Lot Owner may conduct a home trade or business within the Owner's Lot, provided that (a) the
existence or operation of the trade or business activity within the Lot is not apparent or detectable by
sight, sound or smell from the exterior of the Lot; (b) the trade or business activity conforms to all
applicable zoning requirements; (c) the trade or business activity does not involve persons coming onto
the Property; (d) the trade or business activity does not increase the liability or casualty insurance
obligation or premium of the Association; (e) the trade or business activity does not cause an increase in
the consumption of utilities or trash collection services paid for by the Association as a Common
Expense; and (f) the trade or business activity is consistent with the residential character of the Lots and
does not constitute a nuisance or hazardous or offensive use, as determined in the sole discretion of the
Board. The Board shall have final authority to determine if a home trade or business conducted on a Lot
is in compliance with this Section.
2.4 Parking Certain Vehicles
Parking outside of garages is restricted to parking of operative automobiles. No motor vehicle
exceeding one ton load capacity as classed by manufacturer rating, recreational vehicle, mobile home,
travel trailer, tent trailer, utility trailer, camper, boat, boat trailer, detached camper, camper shell or other
similar vehicles or equipment (each a "Prohibited Vehicle") may be parked, stored, maintained,
constructed, reconstructed or repaired on any Lot or Common Area within the Property. 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 (48) hours in any calendar month.
2.5 Use of Garage
Lot Owners shall keep garages clear enough of stored goods, tools, and other materials so that the
garage may accommodate the number of vehicles for which it is designed. Lot Owner's vehicles shall be
parked in the garage before other parking in the Common Area may be used by the Lot Owner or its
guests or invitees. The Association may adopt rules and regulations which control the use of garages and
parking in the Common Area.
2.6 Motor Vehicles
No automobile, motorcycle, motorbike, or other motor vehicle shall be constructed,
reconstructed, repaired or rebuilt, and no inoperable or unlicensed vehicle may be stored or parked, upon
6
Declaration of Protective Covenants
B0496388.DOC for Mirror Lake Highland
any Lot or Common Area within the Property; provided, however, that this Section 2.6 shall not apply to
emergency vehicle repairs which require less than twenty-four (24) hours to complete.
2.7 Common Storage Shed
The storage shed(s) is a Common Area to be used for storage only. No equipment shall be
operated therein, nor shall any activity be conducted therein which will cause any sound or vibration so as
to disturb the quiet use and enjoyment of any Lot Owner. The Association may adopt rules and
regulations which control the use of the storage shed.
2.8 Storage on Lots
No storage on porches, under decks or overhangs or anywhere else on any Lot which is visible
from any point outside the Lot shall be permitted. The DRC may approve free-standing storage lockers or
sheds located on the side or behind a Building on a Lot.
2.9 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 (a) name and address signs subject to approval by the DRC pursuant to
ARTICLE 4; (b) "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; (c) signs
required by legal proceedings (and then the sign shall be no larger than eighteen (18) inches by twenty-
four (24) inches, unless mandated by statute or court order); (d) 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); and (e) promotional and sales signs of the Developer and/or its agents. The
Association may establish and maintain on the Common Area permanent monuments (entry signage),
Common Area identification signs, safety -related signs and a "For Sale" or "For Rent' sign for one (1) or
more Lots.
holiday.
2.10 Lighting
Decorative holiday lighting shall be removed no later than thirty (30) days after the date of the
2.11 Animals
Up to two (2) dogs and/or cats, and birds, small mammals (such as hamsters, gerbils, and rabbits)
if kept within the Building on the Lot Owner's Lot, and fish may be kept by any Lot Owner; provided,
that the keeping of pets shall be subject to such reasonable rules and regulations as the Board may from
time to time adopt. No other animals, including but not limited to snakes and other reptiles, chickens,
livestock and wild animals, shall be kept anywhere on the Property. 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. The Association shall have the right to exclude any animal from the Property even though
it allows other animals to remain. When not confined to the Owner's Lot, pets within the Property 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 Board,
at its sole discretion. The Board may after notice and an opportunity to be heard require the removal of
any animal which the Board in the exercise of reasonable discretion finds to be not well mannered or to
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Declaration of Protective Covenants
B0496388.DOC for Mirror Lake Highland
be disturbing to other Lot Owners unreasonably, and may exercise this authority for specific animals even
though other animals are permitted to remain.
2.12 Plants
No invasive or damaging plants shall be planted within the Property without the approval of the
Board. Landscape material (shrubs and trees) greater than five feet (5') in height are allowed in private
yards provided that no landscaping shall be permitted to (a) grow to a size not in keeping with the scale of
the landscaping and improvements on the Property, (b) create a hazard to neighboring homes, (c) limit
maintenance access to neighboring homes, or (d) become a maintenance liability for the Association.
Specifically, no trees will be planted that will, at maturity, grow to be greater than twenty feet (20') in
height. No shrubs or trees shall be planted that will grow to a size, at maturity, to touch any Building.
Lot Owners are encouraged to plant dwarf varieties of trees and shrubs. Lot Owners are encouraged not
to plant heavy suckering, invasive and spreading plants (such as bamboo and sumac) that may spread to
surrounding Common Area or neighboring yards. The DRC, in its sole discretion, may grant a written
waiver of this Section, upon written application by a Lot Owner as provided in this Declaration.
2.13 Trash Disposal
Neither trash, debris nor rubbish of any kind shall be dumped, allowed to accumulate or
maintained on any Lot or Common Area. All garbage and other waste shall be placed in the trash and
recycling containers provided on the Common Area adjacent to the garages. Any sanitary containers shall
be concealed from view from the street and, from adjoining Lots. 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 Area. The individual Lot Owner shall be solely
responsible to remove and dispose of all such materials. Should any Lot Owner fail to comply with this
covenant notice and an opportunity to be heard notice, then the Association may have said materials
removed and charge the expense of removal to said Lot Owner, which shall be collectible as a special
assessment. No outside incinerators are allowed on any Lot.
2.14 Unsightly Conditions
No Lot Owner shall permit any unsightly condition to exist on the Owner's Lot. Unsightly
conditions shall include, without limitation, litter, trash, junk or other debris; inappropriate, broken,
damaged or ugly furniture or plants; non -decorative 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 DRC, in its sole discretion, may grant a written waiver of this Section, upon written
application by a Lot Owner as provided in this Declaration.
2.15 Antenna
An antenna, satellite dish or other device for the transmission or reception of television or radio
(including ham radio) signals, or any other similar device may be located, used or maintained outdoors on
any Lot only if such device is screened from view from other Lots and the street. However, the DRC
shall approve installation of any such device one (1) meter or less in diameter without such screening if
the Lot Owner desiring to install such device demonstrates to the Committee that such screening would
unreasonably delay or prevent installation, maintenance, or use of such device, unreasonably increase the
cost of installation, maintenance or use of such device, or preclude reception of an acceptable quality
signal. The DRC shall review and grant an exception for such device on a case -by -case basis upon
written request by such Lot Owner desiring an exception.
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2.16 Air Conditioning Unit
No window air conditioning units may be installed in any Lot. For purposes of this Section 2.16,
an air conditioning unit for which the motor is located entirely within the interior of a Building, even if
the exhaust hose or other venting of the unit protrudes through a window to the exterior of the Building,
shall not be deemed a window air conditioning unit.
2.17 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.
2.18 Oil Drilling, Etc.
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.
2.19 Motors
No device which contains a motor or otherwise creates noise, such as a pond pump or hot tub
pump, may be installed, maintained or used outside of a Lot Structure; except that tools with motors, such
as lawn mowers, edgers, hedge shears, etc., may be used subject to such reasonable rules and regulations
as the Board may from time to time adopt.
2.20 Yard Art
No yard pieces or yard art, including but not limited to sculptures, statues, and other freestanding
or attached works, whether for decoration or otherwise, more than twelve inches (12") tall or twelve
inches (12") wide shall be permitted outside of the Buildings and within view from the street without
prior written approval of the DRC.
2.21 Nuisances
No noxious or offensive activities shall be carried on, in or upon any Lot or Common Area, nor
shall anything be done therein which may be or become an annoyance or nuisance to other Lot Owners.
No odors or loud noises shall be permitted to arise or emit from any Lot or Common Area 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.
2.22 Hazardous Activities
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 Property, except in a contained outdoor fireplace, fire pit or barbecue unit while
attended, provided that such fire shall nonetheless be subject to the restrictions set forth in Section 2.21.
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2.23 Development Activities Exempted
Nothing in this Declaration shall prevent Developer, 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 Developer deems necessary in
order to accomplish such purpose. As used in this Section, "successors and assigns" shall not include
purchasers of Lots improved with completed residences.
2.24 Violations
The Board or its authorized representative may give written notice of a violation of the
restrictions of this Declaration to the Lot Owner or occupant, who shall have the period set forth in rules
adopted by the Board from the date of receipt of said written notice to take whatever actions are necessary
to remedy said violation. If the Lot Owner or occupant fails to comply within said period, the Board may
take whatever actions are necessary to bring the Lot Owner into compliance with these restrictions,
including but not limited levying reasonable fines after notice and an opportunity to be heard. The Lot
Owner or occupant in violation shall be responsible for paying all costs associated with enforcing these
restrictions (including attorney fees) and the Association may collect such amounts as provided in
ARTICLE 10. Said Lot Owners hereby grant to the Association an express easement for the purpose of
enforcing these restrictions.
ARTICLE 3 LEASING
3.1 General
Although Developer intends to sell the Lots as owner -occupied Lots, Developer or any Lot
Owner may lease the Lots, except as otherwise limited herein. No Lot may be leased by any party for a
period of less than twelve (12) months, except that Developer may lease a Lot for a shorter period prior to
its initial sale pursuant to a bona fide purchase and sale agreement. Each lease agreement shall be in
writing, a copy shall be filed with the Board, and by its terms shall provide that the terms of the lease
agreement are subject in all respects to the provisions of the Governing Documents. Any failure by the
lessee to comply with the terms contained in said documents shall be a default in any lease agreement.
No Owner may lease less than an entire Lot, except that any Owner may lease less than an entire Lot to
one or more persons as long as the Owner simultaneously resides within the Lot with such persons. The
Association shall supervise all leasing or subleasing of Lots to ensure compliance with this Section, and
the Board may create reasonable rules and regulations regarding such leasing and subleasing. The
Association shall not consent to any lease or sublease agreement, the effect of which will result in
noncompliance with this Section.
3.2 Limitations on Number of Rental Lots
Except as an approved temporary, hardship or emergency circumstance pursuant to Section 3.4,
no Lot may be leased until two (2) years following the date of recording of this Declaration, and
thereafter no more than four (4) of the Lots shall be leased at any time.
3.3 Waiting List
If the maximum number of permitted Lots are leased, then the Board shall establish and maintain
a waiting list for Owners of Lots which are not leased who wish to begin leasing their Lots. At such time
as the number of leased Lots drops below the maximum number of permitted leased Lots, the first Lot
Owner on the waiting list shall be permitted to begin leasing his or her Lot, the second Owner on the
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waiting list shall move to first position, and so forth. Following termination of a lease agreement, a Lot
Owner of a leased Lot must lease said Lot to a new lessee within sixty (60) days, or the Owner of said Lot
will automatically lose his or her priority as a rental, and if said Owner then wishes to lease the Lot again,
the Owner must place his or her name on the bottom of the waiting list. Upon sale or transfer of any
interest in any Lot to a new Owner, except for transfers in foreclosure, a deed in lieu of foreclosure, and
transfers for security purposes only, the new Owner of such Lot shall not have any priority as a permitted
rental and shall be subject to the limitations on the number of leased Lots set forth herein. If the new Lot
Owner desires to lease the Lot, said Owner shall place his or her name on the waiting list.
3.4 Hardships
Notwithstanding the limitations on the number of leased Lots herein, upon application by a Lot
Owner and written approval of the Board, the Association may permit one or more Lots to be leased in
certain temporary, hardship or emergency circumstances, including but not limited to job relocation,
disability, difficulty buying or selling another residence, and other circumstances deemed appropriate by
the Board on a case -by -case basis. Such approval shall be granted for a maximum of twelve (12)
consecutive months. No lease agreement for such a Lot granted such approval shall be for a term which
extends beyond the period approved by the Board. If the Lot Owner of such Lot desires to continue to
lease the Lot after the end of such twelve (12) month period, the Owner shall place his or her name on the
waiting list.
3.5 Rules and Regulations
The Board may adopt such reasonable rules and regulations as it deems necessary to implement,
monitor and enforce the leasing limitations set forth herein.
ARTICLE 4 DESIGN REVIEW
4.1 Design Review Committee
A Design Review Committee is hereby established as a special committee of the Association.
The DRC shall consist of three (3) or more Lot Owners. The Board may appoint itself as the DRC. A
majority of the DRC may designate a representative to act for it. In the event of death or resignation of
any member of the DRC, the remaining members shall have full authority to designate a successor or to
act alone. Any member of the DRC may be removed at any time and for any reason by the Board.
Neither the members of the DRC nor its designated representative, shall be entitled to any compensation
for services performed as a member of the DRC. The Association may adopt rules to supplement the
criteria, standards and procedures set forth in this ARTICLE 4 or elsewhere in this Declaration.
4.2 Authority
Except as otherwise set forth in ARTICLE 16, (a) the DRC shall review all proposed construction
for compliance with the building and construction restriction sets forth in ARTICLE 5 or elsewhere in the
Governing Documents, and (b) the DRC must give its written approval before any person may erect,
place or alter any Building, fence or other improvement on any Lot or landscaping on any Lot.
4.3 Submission of Plans
No structure on a Lot shall be constructed or caused to be constructed, modified or enlarged
unless the plans for the structure have been approved in writing by the DRC. At least forty-five (45) days
prior to commencement of construction, a Lot Owner or prospective Lot Owner shall submit one copy of
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materials adequate to allow review of a proposed action for each DRC member, plus one additional copy
for the files of the DRC. Submittals must include, at minimum: (a) site plan; (b) exterior elevations (all
sides); (c) color board showing all exterior colors and materials; and (d) landscape and exterior lighting
plan. The DRC may request additional information or details.
4.4 Approval of Plans
The DRC shall approve or disapprove of such plans within thirty (30) days of delivery of all
items required by Section 4.3. The DRC shall grant written approval upon two-thirds (2/3) affirmative
vote of the DRC. The DRC's decision shall be in writing. The DRC shall have the right to approve a
proposal subject to compliance with conditions established by the DRC. If the DRC fails to approve or
disapprove a plan within the thirty (30) day period, approval shall not be required, and this Article shall
be deemed to have been fully complied with. The decisions of the DRC are final.
4.5 Criteria
The DRC shall consider the following criteria in approving or rejecting the plans submitted to it:
(a) the harmony of the external design, color and appearance of the proposal in relationship to the
character of the Mirror Lake Highland community and 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
pursuant to this Declaration.
4.6 Effect of Design Review Committee Approval
The DRC's approval of any plan shall not constitute any warranty or representation by the DRC,
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.
4.7 No Liability
The Members of the DRC shall have no personal liability for any action or decision made by the
DRC. By acceptance of a deed to any Lot, the Lot Owner agrees and covenants not to maintain any
action against any Member of the DRC which seeks to hold that Member personally or individually liable
for damages relating to or caused by any action or decision of the DRC. Each Lot Owner hereby releases
any and all claims of any nature whatsoever against any member of the DRC, the Board, and the
Association, their heirs, successors and assigns related to the engineering, structural integrity, sufficiency,
compliance of any plans approved by the DRC.
4.8 Conduct of Construction
4.8.1 Contractor. All construction contractors performing work on any Lot shall be
licensed as a general contractor or a specialty contractor by the State of Washington.
4.8.2 Reconstruction. In the event of major repairs to or reconstruction of a Building
on a Lot due to fire, earthquake or other casualty or otherwise, or in the event of any construction
approved by the DRC, the easement for use and enjoyment of the Common Area for the benefit of each
Lot Owner set forth in Section 7.1 shall include the right of each Lot Owner, its employees, contractors
and agents, for ingress, egress and temporary storage to (a) remove construction and other debris from an
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Owner's Lot, and (b) deliver materials, equipment and labor for construction or reconstruction of the
Building, landscaping and appurtenances on the Owner's Lot. Said removal of debris and delivery of
materials, equipment and labor shall be conducted in such a manner as to reasonably minimize the
disturbance to other Lot Owners and to the Common Area. Any Lot Owner damaging or disturbing the
Common Area shall restore the Common Area to its condition immediately prior to said damage or
disturbance. A Lot Owner may create a staging area on the Common Area for the temporary storage of
construction materials and equipment during the course of construction, but in no case shall such staging
area be permitted for more than fifteen (15) days without the prior consent of the Board. The location and
size of the staging area shall be subject to the reasonable approval of the Board. Temporary buildings or
structures used during construction or reconstruction on any Lot shall be removed immediately after
completion of construction or upon request of the DRC, whichever occurs first.
ARTICLE 5 BUILDING AND CONSTRUCTION RESTRICTIONS
All Buildings on a Lot are subject to the following restrictions:
Lot.
5.1 Single Family Residence
Only one (1) single-family residence ("house") may be constructed or permitted to remain on a
5.2 Local Codes
All Buildings or structures shall be constructed in accordance with King County and any other
applicable codes. In the event of a conflict between any applicable codes and this Declaration, the codes
shall govern.
5.3 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 Mirror Lake Highland. Siding shall be solid
fiber -cement and wood product or approved wood by-product. 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. The exterior finish, including
but not limited to the materials, paint colors, trim and roofing colors and materials shall be subject to
review and approval of the DRC pursuant to ARTICLE 4
5.4 Fences
Fences may be erected only upon the approval of the DRC. Nothing in this Section 5.4 shall
prevent the erection of a retaining wall up to two feet (T) high. No fence, wall, hedge or mass planting on
the perimeter of a Lot shall at any time extend higher than five feet (5') above the ground, except for
necessary retaining walls or rockeries which conform to the King County Building Codes. No wire
fences shall be used unless approved by the DRC.
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5.5 Roofing
The roof shall be an architectural composition roof with at least a thirty (30) year life.
Replacement roofing shall be the same as or similar to the existing roof, unless otherwise approved by the
DRC.
5.6 Prefabricated Buildings.
No prefabricated Buildings or structures of any nature whatsoever, specifically including mobile
homes, permanent or temporary, shall be moved, placed, constructed or otherwise maintained on any Lot.
5.7 Lighting
All area lighting shall be designed and positioned to ensure that the light source does not shine
directly at or into any other house within the Property.
5.8 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.
5.9 Storage Sheds and Outside Storage
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 DRC.
5.10 Landscaping
Landscaping of the Lot on which such house is constructed shall be fully completed within one
hundred eighty (180) days of occupancy by the first residential buyer of the house on said Lot.
Landscaping shall emphasize plantings and other features which shall complement and enhance the
existing character of Mirror Lake Highland. Each Lot Owner shall ensure that their landscaping is
maintained to provide a neat and attractive appearance.
5.11 Grading
The grading 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.
5.12 Utility 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.
5.13 Solar Energy Panels
Solar energy panels may be installed within a Lot so long as the solar energy panel: (a) meets
applicable health and safety standards and requirements imposed by Washington State and local
permitting authorities; (b) if used to heat water, is certified by the solar rating certification corporation or
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another nationally recognized certification agency for both the solar energy panel and for installation; and
(c) if used to produce electricity, meets all applicable safety and performance standards established by the
national electric code, the institute of electrical and electronics engineers, accredited testing laboratories,
such as Underwriters Laboratories, and, where applicable, rules of the utilities and transportation
commission regarding safety and reliability. Solar energy panel frames, support brackets, or any visible
piping or wiring shall be painted to coordinate with the roofing or other adjacent material. Solar energy
panels may be attached to the slope of a roof facing the street only if the panel conforms to the slope of
the roof and the top edge of the panel is parallel to the roof ridge. Ground -mounted solar energy panels
must be shielded if shielding the panel does not prohibit economic installation of the solar energy panel or
degrade the operational performance quality of the solar energy panel by more than ten percent (10%).
ARTICLE 6 EXTERIOR AND COMMON AREA MAINTENANCE
6.1 Lot Owners' Obligations
Each Lot Owner shall maintain the Owner's Lot, including the exterior of the Building, in good
condition and repair, adequately painted or otherwise finished, and in the same condition as a reasonably
prudent homeowner would maintain his or her own home so that the Property will reflect a high pride of
ownership. The Board may determine when such exterior maintenance is required in order to maintain
the well -kept, neat appearance of all Lots in Mirror Lake Highland. Such determination shall include, but
not be limited to, the need to:
(a) Paint any Building or fence;
(b) Caulk and touchup paint on building exterior;
(c) Repair or replace items such as windows, roofs, fences, or alarm systems;
(d) Maintain and keep up lawn areas and landscaping;
(e) Repair and maintain all roof drains and area storm drains; or
(f) Remove Prohibited Vehicles and similar items described in ARTICLE 2 from the Lot.
6.2 Association Right to Perform Maintenance
If any Lot Owner fails to maintain the Building or landscaping on the Owner's Lot to the
standards set forth above, the Association may notify said Lot Owner in writing of the maintenance
required. If said notice is delivered to the non -performing Lot Owner and the noted condition is not
remedied after a period of thirty (30) days, the Association, through its agents and employees, shall have
the right (but not the obligation) to enter upon said Lot and provide such maintenance. In the event that
the estimated cost of such maintenance exceeds one-half (1/2) of one percent (1%) of the assessed value
of the Lot, a majority of the Lot Owners must approve such maintenance before the Board may begin
work. The Board shall levy an assessment against the non -performing Lot Owner and the Owner's Lot
for the costs of providing said maintenance. Said assessment shall constitute a lien against the Lot owned
by the non -performing Lot Owner, and may be collected in the same manner as any other annual or
special assessment as provided in this Declaration. 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 ARTICLE 10 of
this Declaration.
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6.3 Common Area Maintenance
The Association shall maintain the Common Area, including but not limited to the garages
(except the interior of the garages), Commons Building, storm water system, roads, landscaping within
the Common Area and all other Common Area shown on the Map or designated herein, as required or
advisable. The Association may provide such additional common maintenance which it determines to be
in the best interest of the Lot Owners. All costs of goods and services reasonably necessary or convenient
for the efficient and orderly maintenance of all portions of the Common Area shall be paid as a Common
Expense of the Association.
6.4 Storm Water System Maintenance
The Association shall monitor the compliance of the storm water system located within the
Common Areas with the performance standards contemplated in the King County Stormwater Design
Manual for the period required by the City of Federal Way. Maintenance information and requirements
for porous asphalt and rain gardens is attached as Exhibit C. Notwithstanding the Association's primary
obligation to maintain the storm water system, if the City of Federal Way determines that maintenance or
repair work of the storm water appurtenances or facilities is necessary, the City of Federal Way may give
notice to the Association of the specific maintenance and/or repair work required. If that required work is
not completed by the Association within the time set by the City of Federal Way, the City may perform
the required maintenance and/or repair work, or contract with a private company capable of performing
said work, and the Association shall reimburse the City of Federal Way for the costs of said work. The
City of Federal Way is hereby granted an easement for access, ingress and egress over the Common Areas
for the purpose of inspecting, maintaining and repairing said storm water system.
ARTICLE 7 PROPERTY RIGHTS IN THE COMMON AREA
7.1 Association Control of Common Area
As set forth on the Map, the Lot Owners own Tracts A, B, C, D, E and X. For the avoidance of
doubt regarding such ownership, Developer hereby grants and conveys an equal and undivided interest in
Tracts A, B, C, D, E and X to the Lot Owners of Lots 1-16. Subject to the Developer's rights set forth in
Section 7.5 and ARTICLE 16, the Association shall manage and control the Common Area on behalf of
and in the interest of the Lot Owners. Each Lot Owner shall have a non-exclusive easement and right to
the use and enjoyment in and to the Common Area subject to the covenants, conditions and restrictions
set forth in this Declaration.
7.2 Restrictions on Use of Common Area
Except with regard to utility or other easements shown on the Map or hereafter granted by the
Association, the Common Area may be used only by Lot Owners and their guests. The Common Area
shall also be subject to the other restrictions, limitations and reservations contained or provided for in this
Declaration, the Bylaws and/or the rules and regulation adopted by the Association.
7.3 Buffers
No change of use of any buffer or open space shall be deemed a waiver of the City of Federal
Way's right to enforce buffer or open space use restrictions set forth on the Map or in this Declaration.
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7.4 Conveyance of Common Area
Portions of the Common Area may be conveyed or subjected to a security interest by the
Association if Lot Owners entitled to cast at least eighty percent (80%) of the votes in the Association,
including eighty percent (80%) of the votes allocated to Lots not owned by Developer, agree to that action
and such conveyance complies with the restrictions and requirements set forth on the Map; but all Lot
Owners of Lots in which any Garage Easement is allocated must agree to convey that Building in which
the Garage is located or subject it to a security interest. An agreement to convey Common Area must be
evidenced by the execution of an agreement, or ratifications of an agreement, in the same manner as a
deed, by the requisite number of Lot Owners. The agreement must specify a date after which the
agreement will be void unless recorded before that date.
7.5 Developer's Rights in the Common Area
The Developer shall have and hereby reserves for itself, its successors and assigns, an easement
for the right, during the Development Period and any period thereafter in which Developer is a Lot
Owner, to utilize the Common Area for its business uses and purposes, including, but not limited to,
completion of improvements thereon and other uses and purposes related to the construction, promotion
and development of Mirror Lake Highland. The Developer may add to or subtract from the Common
Area during the Development Period as defined in Section 16.1 by an amendment to this Declaration.
Until the termination of the Development Period, Developer reserves the right to withdraw any
undeveloped part of the Property from this Declaration and to dedicate, transfer or convey to any state,
county, municipal or other governmental entity any such part of the Property. The rights reserved to
Developer in this Section 7.5 shall be exercised by Developer at Developer's sole discretion. Upon
termination of the Development Period, said Developer's easement shall automatically terminate. Control
and the management and administration of the Common Area shall vest in the Association at the end of
the Development Period subject to the Developer's aforementioned rights of use.
ARTICLE 8 GENERAL PROTECTIVE COVENANTS
8.1 Partition
No part of the Property shall be partitioned, nor shall any Lot Owner or any person acquiring any
interest in the Property or any part thereof seek judicial partition, except in accordance with the express
provisions of this Declaration and the Map.
8.2 Subdivision or Combination
No Lot or any part of the Property shall be divided or combined except upon the written approval
of sixty-seven percent (67%) of the Members and only to the extent permitted by all applicable provisions
of the Federal Way City Code. Following approval by the Members, the Association shall file with the
King County Recorder an amendment to this Declaration as may be necessary to describe fully such
combined or subdivided Lot or Lots or Property.
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PART III
MANAGEMENT AND OPERATION OF THE OWNERS ASSOCIATION
ARTICLE 9 MIRROR LAKE HIGHLAND OWNERS ASSOCIATION
9.1 Establishment
There is hereby created an association to be called "Mirror Lake Highland Owners Association."
The Association shall be a nonprofit corporation formed and operated pursuant to RCW 24.03 and the
Act.
9.2 Membership
The membership of the Association at all times consist exclusively of all Lot Owners. Each Lot
Owner shall automatically become a member of the Association and shall be subject to its Bylaws and
such rules and regulations as may from time to time be adopted by the Association. The membership
shall be appurtenant to and non -severable from the Ownership of each Lot. The membership shall
automatically pass to the succeeding Lot Owner with the conveyance of each Lot.
9.3 Voting
9.3.1 Number of Votes. For the purposes of determining voting rights and with respect
to the administration of the Property, through the Association, the total voting power of all Lots shall be
equal to the number of Lots in the Property. Each Lot shall have one (1) vote. Whenever the approval of
a stated percentage of the Lot Owners is required in this Declaration or the Bylaws, unless expressly
stated otherwise, the percentage shall be determined by reference to the voting power of the Lots as
defined above.
9.3.2 Person Authorized to Vote. There shall be one (1) voting representative for each
Lot. The voting representative shall be designated by the Lot Owner or Owners of each Lot by written
notice to the Board and need not be a Lot Owner. The designation may be revoked at any time by the Lot
Owner or Owners by written notice to the Board, and the death or judicially declared incompetence of the
Lot Owner shall revoke the designation, provided that such designation shall not be effective until the
Board has been notified thereof. The powers of designation and revocation may be exercised by the
guardian, trustee, personal representative, administrator or executor of a Lot Owner or his estate. Where
no designation is made, or where a designation has been made, but is revoked and no new designations
have been made, the voting power of each Lot shall be the group composed of all of its Owners; and the
Association may recognize the vote of any one or more of such Owners present in person or by proxy at
any meetings of the Association as the vote of all such Owners. If there is more than one such Owner and
they do not vote unanimously, the Association may divide the vote in accordance with their respective
interests if they shall agree thereon or have furnished sufficient written evidence thereof. Otherwise, the
vote for that Lot may be disregarded by the Board. For purposes of electing members of the Board, the
Lot Owners may use cumulative voting.
9.3.3 Ownership of More Than One Lot. A person who owns more than one Lot shall
be entitled to exercise the votes for the combined total of all Lots owned. Developer and any person
acquiring under or by virtue of foreclosure of a deed of trust or a deed in lieu of a deed of trust shall be
entitled to the same voting privileges as other Lot Owners.
9.3.4 Quorum. A quorum of Lot Owners at any annual or special meeting of the
Association shall be the presence, in person or by proxy, of persons holding five (5) or more of the total
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votes, unless otherwise expressly provided herein. If a quorum is present at any such meeting, any action
may be taken by an affirmative vote of a majority of the total votes present at the meeting, except as
otherwise expressly provided in the Act, this Declaration, or the Bylaws.
9.3.5 Proxies. Members may vote at any meeting of the Association in person or by
directed or undirected 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 Lot 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 Owner's
Lot, without the prior written consent of the holder of such indebtedness.
9.3.6 Vote Without a Meetin . The Association may conduct a vote of the Lot Owners
without a meeting provided such vote complies with the Act. The Bylaws shall set forth the procedures
for such vote.
9.4 Bylaws
Developer, on behalf of the Temporary Board, shall adopt the initial Bylaws of the Association to
provide for the administration of the Property and the organization of the Association, consistent with this
Declaration and the Act. The Bylaws shall designate the time and specify the procedures for the holding
of annual and special meetings of the Association and may specify other procedures applicable to the
organization and administration of the Association. The Bylaws may be amended in whole or in part by a
vote of Lot Owners accounting for not less than a majority of the total votes present at a meeting of the
Association duly held for that purpose. Written notice of the time, place and purpose of such meeting of
the Association shall be delivered in person or mailed to each Lot Owner at least fourteen (14) and not
more than fifty (50) days prior to the date of such meeting.
9.5 Management of the Association by the Board
The Association shall be administered and managed by a Board of at least three (3) persons who
shall serve as established by the Bylaws.
9.5.1 TempoTempoM Board of Directors. Until termination of the Period of Developer
Control, Developer shall have the right to appoint and remove officers and directors of the Association
and veto or approve any proposed action of the Board or the Association. In the exercise of such right,
Developer may, at such time as it deems appropriate, appoint a Temporary Board of one (1) or more
persons who need not be Lot Owners. The Temporary Board (and Developer, until the Board is
appointed) shall exercise the rights, duties and functions of the Board as set forth in this Declaration until
the entire Board is elected by the Lot Owners pursuant to Section 9.5.4.
9.5.2 Election After Sale of Lots. Not later than sixty (60) days after conveyance of
twenty-five percent (25%) of the Lots that may be created to Lot Owners other than Developer, at least
one member and not less than twenty-five percent (25%) of the members of the Board must be elected by
Lot Owners other than the Developer. Not later than sixty (60) days after conveyance of fifty percent
(50%) of the Lots that may be created to Lot Owners other than a Developer, not less than thirty-three and
one-third percent (33 1/3%) of the members of the Board must be elected by Lot Owners other than the
Developer. Until such members are elected and take office, the existing Board may continue to act on
behalf of the Association.
9.5.3 Removal of Directors and Officers. During the Period of Developer Control,
Developer may remove any director or officer appointed by Developer at any time and for any reason.
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Lot Owners present in person, by proxy, or by absentee ballot at any meeting of the Lot Owners at which
t not, until the
a quorum is present may remove any director or offs Sec#iont9 5 4ed y andirectoe. Lot O ppomtedwners ubY Develope ),
entire Board is elected by the Lot owners pursuant
with or without cause, if the number of votes in favor of removal cast by Lot Owners entitl
ed too vote
the
election of the director or ❑fficer proposed to be removed is at least the lesser of. (a) S cast by such Lot
votes in the Association held by such Lot Ootnremove any director elecers, or (b) two-thirds ted by thevotes
LotsOwn� s• At any
Owners at the meeting, Developer may
the director or officer being
meeting at which a vote to remove a director or Officer
i to s eak before the vote. At any meeting at
to be taken,
considered for removal must have a reasonable opportunity p
which a director or officer is removed, the Lot Owners entitled to vote for the director or officer a Lot
may
immediately elect a successor director or officer consistent with the Act. The Board may, without dar or
Owner vote, remove from the Board a Assessments more than sixty daysficer elected by the oand (�}rthe director or officer
officer is delinquent in the payment of days after receiving notice of the Board's intent to
has not cured the delinquency within thirty (3D} y
remove the director or officer. The Board may removeinutes of the �exofficer ed b dem meeting.
t any time, with or
without cause. The removal must be recorded in the
9.5A Election of Com lete Board. Within thirty (30) days after the termination of the
Period of Developer Control, the Lot Owners shall elect a Board of at least three (3) directors. At least a
majority of the Board must be Lot Owners_ The Board shall elect the officers of the Association. Such
directors and officers shall take office upon this election.
9.5.5 Term. The term of office of each director shall be two (2) years, with two (2)
directors being elected at each annual meeting during even -numbered years, and one (1) director being
elected at each annual meeting during odd -numbered years. At the initial meeting called for the purpose
of electing the directors, the three (3} directors so elected shall, by lot, determine which shall have one (1)
or two (2] year terms, to stagger the expiration dates of the terms of the appropriate number ❑ hectors.
Any director may be elected to serve for an additional term or terms.
g S.6 %Uorum. A majority of the members of the Board shallconstitute
xists. a quorum.
nt at gs
The Board shall act ably majority d in accordance te of those rese
w with the By awSings where a quorum
shall be called, held
the
9.5.7 Officers. The Board shall elect
president
vr until hisf or herr successornis eelected, and
from among
members of the Board, who shall hold off ce for one (1) year,
shall preside over both the meetings of the Board and those of
or until tabotheir w The
successorsaresteal all elect
Any
a secretary and treasurer, who shall Hold office for () Y
officer of the Association may be reelected by the Board for any number of successive terms.
9.5.8 Em to ment of Mana er. The Board may, to the extent it deems advisable
ri its
employ a person or firm to manage the Property, as well as such other persons as are necessary
opinion for the proper operation thereof, provided, that the employment of a person or 'firm to manage the
Property, shall be under a written contract for a term not in excess of one (1) year and shall permit the
Board to revoke the same without cause and without payment of a termination fee, upon no more than
thirty (30) days' notice.
9.5.9 Standard of Care. Except as provided in this Declaration and the Bylaws, the
Board shall act in all instances on behalf of the usereuties, the
ssetthe care requireion. In the d of an officer r-mance of e director of a
officers and members of the Board are required to e
corporation organized under Ch. 24.06 RCW.
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1
9.5.10 Limitations of Board Authority. The Board shall not act on behalf of the
Association to amend the Declaration in any manner that requires the vote or approval of the Lot Owners,
amend the articles of incorporation or Bylaws of the Association, to elect members of the Board (but the
Board may fill vacancies in its membership not resulting from removal for the unexpired portion of any
term or, if earlier, until the next regularly schedule election of Board members), terminate Mirror Lake
Highland, or to determine the qualifications, powers, and duties, or terms of office of members of the
Board.
9.6 Authority of the Association
9.6.1 Mandatory Authority. The Association, acting by and through the Board, its
officers, manager or other duly authorized agents or representatives, shall:
(a) Adopt Bylaws;
(b) Adopt budgets for revenues, expenditures, and reserves;
(c) Impose and collect Assessments for Common Expenses from Lot
Owners;
(d) Prepare financial statements as set forth in Section 9.10; and
(e) Deposit and maintain funds of the Association in accounts as set forth in
Section 9.11.
9.6.2 Discretionary Authority. The Association, acting by and through the Board, its
officers, manager or other duly authorized agents or representatives, may:
(a) Amend Bylaws and adopt and amend rules and regulations;
(b) Amend budgets for revenues, expenditures, and reserves;
(c) Hire and discharge or contract with managing agents and other
employees, agents, and independent contractors;
(d) Institute, defend, or intervene in litigation, arbitration, mediation or
administrative proceedings or any other legal proceedings in its own name on behalf of itself or two (2) or
more Lot Owners on matters affecting Mirror Lake Highland;
(e) Make contracts and incur liabilities;
(f) Regulate the use, maintenance, repair, replacement, and modification of
the Common Area and contract with third parties to accomplish these objectives;
(g) Cause additional improvements to be made as a part of the Common
Area provided that any improvements or series of related improvements in excess of twenty-five thousand
dollars ($25,000) within one (1) year must be approved by a majority of the Lot Owners;
(h) Acquire, hold, encumber, and convey in its own name any right, title, or
interest to real or personal property;
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(i) Grant easements, leases, licenses, and concessions through or over the
Common Area, petition for or consent to the vacation of streets and alleys, and upon agreement of sixty-
seven percent (67%) of the Lot Owners, dedicate, sell, or transfer all or any part of the Common Area to
any public agency, authority or utility for such purposes and subject to such conditions as may be agreed
to by the members;
0) Impose and collect any payments, fees, or charges for the use, rental, or
operation of the Common Area or for services provided to Lot Owners;
(k) Impose and collect charges for late payment of Assessments pursuant to
Section 10.10 of this Declaration;
(1) Enforce the Governing Documents, and after notice and an opportunity
to be heard by the Board or by such representative designated by the Board and in accordance with such
procedures as provided in the Declaration or Bylaws or rules and regulations adopted by the Board,
impose and collect reasonable fines for violations of the Governing Documents in accordance with a
previously established schedule of fines adopted by the Board and furnished to the Lot Owners;
(m) Provide for the indemnification of its officers and Board and maintain
directors' and officers' liability insurance;
(n) Borrow money and assign its right to future income, including the right
to receive Assessments, subject to Section 9.12;
(o) Require that disputes between the Association and Lot Owners or
between two (2) or more Lot Owners regarding Mirror Lake Highland, other than those governing by
Chapter 64.50 RCW, be submitted to non -binding alternative dispute resolution as a prerequisite to
commencement of a judicial proceeding;
(p) Suspend any right or privilege of a Lot Owner who fails to pay an
Assessment, but may not (i) deny a Lot Owner or other occupant access to the Owner's Lot, (ii) suspend a
Lot Owner's right to vote, or (iii) withhold services provided to a Lot or Lot Owner by the Association if
the effect of withholding the service would be to endanger the health, safety or property of any person;
(q) Establish and administer a reserve account and prepare a reserve study;
(r) Exercise any other powers conferred by the Declaration or Bylaws;
(s) Exercise all other powers that may be exercised in this state by the same
type of corporation as the Association; and
(t) Exercise any other powers necessary and proper for the governance and
operation of the Association.
9.7 Rules
The Board must, before adopting, amending, or repealing any rule, give all Lot Owners notice of
(a) its intention to adopt, amend, or repeal a rule and provide the text of the rule or the proposed change,
and (b) the date on which the Board will act on the proposed rule or amendment after considering
comments from Lot Owners. Following adoption, amendment, or repeal of a rule, the Association must
give notice to the Lot Owners of its action and provide a copy of any new or revised rule. The
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Association's internal business operating procedures need not be adopted as rules. Every rule must be
reasonable.
9.8 Association Records
The Association must maintain the following:
(a) The current budget, detailed records of receipts and expenditures affecting the
operation and administration of the Association, and other appropriate accounting records within the last
seven (7) years;
(b) Minutes of all meetings of its Lot Owners and Board other than executive
sessions, a record of all actions taken by the Lot Owners or Board without a -meeting, and a record of all
actions taken by a committee in place of the Board on behalf of the Association;
(c) The names of current Lot Owners, addresses used by the Association to
communicate with them, and the number of votes allocated to each Lot;
(d) Its original or restated Declaration, organizational documents, all amendments to
the Declaration and organizational documents, and all rules currently in effect;
years;
(e) All financial statements and tax returns of the Association for the past seven (7)
(f) A list of the names and addresses of its current Board members and officers;
(g) Its most recent annual report delivered to the Washington Secretary of State;
(h) Financial and other records sufficiently detailed to enable the Association to
provide resale certificates as required by the Act;
(i) Copies of contracts to which it is or was a party within the last seven (7) years;
0) Materials relied upon by the Board or the DRC to approve or deny any requests
for design or architectural approval for a period of seven (7) years after the decision is made;
(k) Materials relied upon by the Board or any committee concerning a decision to
enforce the governing documents for a period of seven (7) years after the decision is made;
(1) Copies of insurance policies under which the Association is a named insured;
(m) Any current warranties provided to the Association;
(n) Copies of all notices provided to Lot Owners or the Association in accordance
with the Act or the Governing Documents;
(o) Ballots, proxies, absentee ballots, and other records related to voting by Lot
Owners for one (1) year after the election, action, or vote to which they relate; and
(p) Records related to the maintenance of the pervious pavement (including when
there were swept or vacuumed and by whom) and the rain gardens (including records identifying whether
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such maintenance included the use of pesticides or herbicides and, if so, which pesticides or herbicides
were used) which, at a minimum, shall include the forms set forth in Exhibit C.
9.9 Examination of Records
Any Lot Owner, Mortgagee or their authorized agents may examine the books and records of the
Association on reasonable advance notice during working hours at the offices of the Association. The
Association may charge a reasonable fee for producing and providing copies of any such records and for
supervising the Lot Owner's inspection. A right to copy records under this Section includes the right to
receive copies by photocopying or other means, including through an electronic transmission if available
upon request by the Lot Owner. An Association is not obligated to compile or synthesize information.
Information provided pursuant to this Section shall not be used for commercial purposes.
9.10 Financial Statements
At least annually, the Board shall prepare, or cause to be prepared, a financial statement of the
Association in accordance with accrual -based accounting practices. If the aggregate annual Assessments
of the Association are $50,000 or more, the Board shall obtain an audit of the financial statements by a
certified public accountant. If the aggregate annual Assessments of the Association are less than $50,000,
an annual audit is also required but may be waived annually by Lot Owners other than the Developer of
Lots to which a majority of the votes in the Association are allocated, excluding the votes allocated to
Lots owned by the Developer. Such audit obtained by the Board shall be a Common Expense.
9.11 Association Funds
The Association must keep all funds of the Association in the name of the Association with a
bank, savings association, or credit union whose deposits are insured by the federal government. The
funds must not be commingled with the funds of any other Association or with the funds of any managing
agent of the Association or any other person, or be kept in any trust account or custodial account in the
name of any trustee or custodian.
9.12 Borrowing
Any borrowing by the Association that is to be secured by an assignment of the Association's
right to receive future income pursuant to Sections 9.6.2(e) and (n) requires ratification by the Lot Owners
as follows:
(a) The Board must provide notice of the intent to borrow to all Lot Owners. The
notice must include the purpose and maximum amount of the loan, the estimated amount and term of any
Assessments required to repay the loan, a reasonably detailed projection of how the money will be
expended, and the interest rate and term of the loan.
(b) In the notice, the Board must set a date for a meeting of the Lot Owners, which
must not be less than fourteen (14) and no more than sixty (60) days after mailing of the notice, to
consider ratification of the borrowing.
(c) Unless at that meeting, whether or not a quorum is present, Lot Owners holding a
majority of the votes in the Association reject the proposal to borrow funds, the Association may proceed
to borrow the funds in substantial accordance with the terms contained in the notice.
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Declaration of Protective Covenants
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ARTICLE 10 COVENANT FOR ASSESSMENTS
10.1 Creation of Lien and Personal Obligation of Assessment
By acceptance of a deed or other instrument of conveyance, each Lot Owner is deemed to
covenant and agree to pay to the Association all Common Expenses assessed against said Owner's Lot by
the Association, whether or not it shall be so expressed in any such deed or other instrument. Common
Expenses include, but are not limited to: (a) annual Assessments or charges and (b) special Assessments.
Said annual and special Assessments, together with interest therein and costs of collection thereof
(including reasonable attorneys' fees whether or not suit is commenced or prosecuted to judgment), 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 Lot 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 to a residential owner. The personal obligation for
delinquent Assessments shall not pass to the Lot 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.
10.2 Purpose of Assessments
The annual and special Assessments levied by the Association shall be used exclusively for the
purpose of promoting the health, safety, welfare and recreation of the Members thereof, their guests and
invitees, and shall be used to improve, protect, operate and maintain the Common Area and provide for
performance of the duties of the Board. All funds collected hereunder shall be expended for the purposes
designated herein.
10.3 Initial Assessment
At the time of the purchase of the Lot by the first residential purchaser, each such purchaser
(except Developer) shall pay the initial monthly Assessment. The initial monthly Assessment is the
amount that the Board has assessed against the Lot as determined pursuant to Section 10.4, which amount
shall be prorated for any partial month. The initial Assessment shall be collected by the escrow agent at
the closing of the purchase of the Lot.
10.4 Commencement of Assessments
In the alternative, Developer may, at its option, elect to continue to pay all operating expenses for
the Property after conveyance of the first Lot and commence the Assessments at a later time. Whenever
Assessments are thereafter commenced and required from any Lot Owners, Assessments shall be required
from all Lot Owners, including Developer for existing Lots then owned by Developer.
10.5 Annual Assessments
Each year the Board shall assess each,Lot Owner for an annual Assessment in an amount which,
in the aggregate, is sufficient to meet the obligations of the Association. Commencing on January 1
following the termination of the Development Period and continuing each year thereafter, the annual
Assessments shall not be increased by more than twenty-five percent (25%) in any one year without the
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Declaration of Protective Covenants
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approval of sixty-seven percent (67%) of the Members voting at a meeting duly called for such purpose.
Notwithstanding the provisions set forth above, the Developer, its successors or assigns shall not be liable
for any fees or Assessments assessed or due prior to the termination of the Development Period.
10.6 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 Area, including fixtures and personal property related thereto. The Board shall follow the
procedures to adopt a budget set forth in Section 10.8 to authorize a special assessment, except that no
such special assessment for capital improvements levied against all Lot Owners shall be in excess of
Twenty Thousand Dollars ($20,000) except upon a majority vote of the Lot Owners in attendance at a
meeting duly called for said purpose, or in excess of One Hundred Thousand Dollars ($100,000) except
upon a sixty-seven percent (67%) affirmative vote of the Lot Owners in attendance at a meeting duly
called for said purpose. The limitation on maximum annual Assessments and special Assessments shall
not apply to an assessment levied against a Lot Owner which is imposed by the Board to reimburse the
Association for costs incurred in bringing the Member or the Lot owned by the Member into compliance
with the provisions of this Declaration or the Bylaws.
10.7 Initial Payment for Working Capital
The Association shall collect from each initial residential purchaser of each Lot an amount equal
to at least two (2) months' Assessments at the time of the first conveyance of each Lot to establish a
sufficient initial working capital fund. This initial payment into the fund shall be in addition to the
Assessment for the first month which each purchaser of a Lot from Developer will pay at the time of
closing of the sale. Each Lot's share of the working capital fund must be collected and transferred to the
Association at the time of closing of the sale of each Lot for the use and benefit of the Association. The
purpose of the fund is to ensure that the Association will have cash available to meet unforeseen
expenditures, or to acquire additional equipment or services deemed necessary or desirable by the Board.
Amounts paid into the fund are not to be considered as advance payments of regular Assessments. The
Developer shall not use any of the working capital fund to defray any of its expenses or construction
costs, or to make up any budget deficits prior to the date that control of the Association is transferred to
the Lot Owners.
10.8 Estimated Budget and Assessments
Commencing on January 1 sl following the termination of the Development Period and continuing
each year thereafter, but within sixty (60) days prior to the beginning of each calendar year or such fiscal
year as the Board may adopt, the Board shall (a) estimate the annual Assessments and special
Assessments for the Lots to be paid during such year; (b) make provisions for creating, funding and
maintaining reasonable reserves for contingencies and operations, for maintenance repair, replacement
and acquisition of Common Area and/or (c) take into account any expected income and any surplus
available from the prior year's operating fund.
Within thirty (30) days after the Board's adoption of any proposed regular or special budget of the
Association, the Board shall provide a copy of the budget to all Lot Owners and set a date for a meeting
of the Lot Owners to consider ratification of the budget. The Board shall give written notice of such
meeting to all Lot Owners. The meeting date shall be not less than fourteen (14) and not more than fifty
(50) days after providing the budget. Unless at the meeting the Lot Owners holding a majority of the
votes in the Association, in person or by proxy, reject the budget, the budget and the Assessments against
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^1
the Lots included in the budget shall be deemed ratified, whether or not a quorum is present. In the event
the proposed budget is rejected or the required notice is not given, the periodic budget last ratified by the
Lot Owners shall be continued until such time as the Lot Owners ratify a subsequent budget proposed by
the Board. The budget must include: (a) the projected income to the Association by category; (b) the
projected Common Expenses and those specially allocated expenses that are subject to being budgeted,
both by category; (c) the amount of the Assessments per Lot and the date the Assessments are due; (d) the
current amount of regular Assessments budgeted for contribution to the reserve account; (e) a statement
of whether the Association has a reserve study that meets the requirements of the Act and, if so, the extent
to which the budget meets or deviates from the recommendations of that reserve study; and (f) the current
deficiency or surplus in reserve funding expressed on a per Lot basis.
10.9 Payment By Owners
Each Lot Owner shall be obligated to pay its annual and special Assessments to the Treasurer of
the Association. The annual Assessment shall be due and payable in twelve (12) equal monthly
installments on the first (lst) day of each month. Special Assessments shall be become due 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.
10.10 Interest, Late Charges, Expenses and Attorneys' Fees
As part of its collection of delinquent Assessments, the Association shall be entitled to recover
interest for the period of delinquency, late charges, expenses of collection, and attorneys' fees incurred by
the Association whether or not a suit is commenced or prosecuted to judgment. In addition, the
Association shall be entitled to recover costs and reasonable attorneys' fees if it prevails on appeal and in
the enforcement of a judgment. The Association may, from time to time, establish reasonable late
charges and a rate of interest to be charged on all subsequent delinquent Assessments or installments
thereof. Delinquent Assessments shall bear interest from the date of delinquency at the maximum rate
permitted under RCW 19.52.020 on the date on which the Assessments became delinquent. The
Association may impose a late charge in an amount not exceeding twenty-five percent (25%) of any
unpaid Assessment or charge which had remained delinquent for more than fifteen (15) days.
10.11 Payment by Mortgagees
Subject to Section 11.2.2, the holder of a Mortgage or other purchaser of a Lot who obtains the
right of possession of the Lot through foreclosure shall not be liable for Assessments or installments of
Assessments that became due prior to such right of possession. Such unpaid Assessments shall be
deemed to be Common Expenses collectible from all the Lot Owners, including such holder of the
Mortgage or other purchaser of such Lot. Foreclosure of a Mortgage does not relieve the prior Lot Owner
of personal liability for Assessments accruing against the Lot prior to the date of such sale.
10.12 Surplus Funds
Any surplus funds of the Association remaining after the payment or of provision for Common
Expenses and any prepayment of reserves must be paid annually to the Lot Owners in proportion to their
Common Expense liabilities or credited to them to reduce their future Assessments.
10.13 Record of Assessments; Reconciliation
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
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Declaration of Protective Covenants
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of the Common Area and any other expenses incurred. Records and vouchers authorizing such payments
shall be available for examination by the Lot Owners for any proper purpose at any reasonable time. To
assure that the Lot Owners are correctly assessed for the actual expenses of the Association, the accounts
of the Association must be reconciled at least annually unless the Board determines that a reconciliation
would not result in a material savings to any Lot Owner.
10.14 Uniform Rate of Assessment
Both annual and special Assessments shall be assessed in equal shares against all Lots, except for
Assessments against a specific Lot Owner imposed by the Board to reimburse the Association for costs
incurred in bringing the Owner or Lot into compliance with the provisions of the Governing Documents,
which shall be assessed solely against such Owner's Lot. The formula used to establish allocations of
interests is based on an equal share.
10.15 Owner Misconduct
10.15.1 To the extent that any expense of the Association is caused by willful
misconduct or gross negligence of any Lot Owner or that Lot Owner's tenant, guest, invitee, or occupant,
the Association may assess that expense against the Lot Owner's Lot after notice and an opportunity to be
heard, even if the Association maintains insurance with respect to that damage or Common Expense.
10.15.2 To the extent that any expense of the Association is caused by the negligence
of any Lot Owner or that Lot Owner's tenant, guest, invitee, or occupant, the Association may assess that
expense against the Lot Owner's Lot after notice and an opportunity to be heard, to the extent of the
Association's deductible and any expenses not covered under an insurance policy issued to the
Association.
10.16 Reserve Study
The Board shall comply with the requirements set forth in the Act for reserve studies for the
Common Area and portions of the Lots which the Association must maintain, repair or replace pursuant
to Section 6.3. Unless the Board, in its reasonable discretion, determines that that the Association has
only nominal reserve costs or if the cost of the reserve study or update exceeds ten percent (10%) of the
Association's annual budget, the Association shall prepare and annually update a reserve study. A
"reserve component" means any physical component of Mirror Lake Highland which the Association is
obligated to maintain, repair or replace whose cost of maintenance, repair, or replacement is infrequent,
significant, and impractical to include in an annual budget. An initial reserve study conducted by a
reserve study professional must be prepared and based upon a visual site inspection or a review of plans
and specifications of or for unbuilt improvements, or both when construction of some but not all of the
improvements is complete. At least every three (3) years, an updated reserve study must be prepared and
based upon a visual site inspection conducted by a reserve study professional. If more than three (3)
years have passed since the date of the last reserve study prepared by a reserve study professional, the
Owners of Lots to which at least twenty percent (20%) of the votes are allocated may demand, in a record
delivered to the Board, that the cost of a reserve study be included in the next budget and that the study be
obtained by the end of the budget year. The demand shall refer to RCW 64.90.555 of the Act. Unless the
Board determines that preparing a reserve study would impose an unreasonable hardship on the
Association and the Lot Owners, the Board shall, upon receipt of the written demand, include the costs of
a reserve study in the next budget and, if the budget is not rejected by the Lot Owners pursuant to Section
10.8, will arrange for the preparation of the reserve study.
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ARTICLE 11 LIEN FOR ASSESSMENTS; COLLECTION
11.1 Lien in Favor of Association
The Association has a lien on a Lot for any unpaid Assessments levied against a Lot from the
time the Assessment is due. Attorney's fees, collection costs, late charges, fines, and interest charged by
the Association are enforceable as Assessments and are subject to the Association's lien on said Lot.
11.2 Priority of Association Lien
11.2.1 General Priority. The lien of the Association under this Section shall be prior to
all other liens and encumbrances on a Lot, except: (a) liens and encumbrances recorded before the
recording of the Declaration; (b) except as provided in Section 11.2.2, a Mortgage on the Lot recorded
before the date on which the Assessment sought to be enforced became due; or (c) liens for Real Property
taxes and other governmental assessments or charges against the Lot.
11.2.2 Priority Over Mortgages Encumbering Individual Lots.
(a) If the Association elects to foreclose its lien under Section 11.5 of this
Declaration, the lien shall also be prior to the Mortgages described in Section 11.2.1(b) to the extent of an
amount equal to Assessments for Common Expenses, excluding any amounts for capital improvements,
based on the periodic budget adopted by the Association pursuant to this Declaration, along with any
specially allocated Assessments, which would have become due, in the absence of acceleration, during
the six (6) months immediately preceding (i) the date of recording of a notice of trustee's sale by a deed
of trust beneficiary; (ii) the date of commencement, pursuant to applicable court rules, of an action for
judicial foreclosure either by the Association or by the holder of a recorded security interest; or (iii) the
date of recording of a notice of intention to forfeit in a real estate contract forfeiture proceeding by the
vendor under a real estate contract.
(b) In addition, the lien shall also be prior to the Mortgages described in
Section 11.2.1(b) to the extent of the Association's actual costs and reasonable attorneys' fees incurred in
foreclosing its lien but incurred after the giving of the notice described in Section 11.2.2(c); provided,
however, that the costs and reasonable attorneys' fees that will have priority under this Section 11.2.2(b)
shall not exceed two thousand dollars ($2,000) or an amount equal to the amounts described in Section
11.2.2(a), whichever is less.
(c) The amounts described in Section 11.2.2(b) shall be prior only to the
security interest of the holder of a security interest on the Lot recorded before the date on which the
unpaid Assessment became due and only if the Association has given that holder not less than sixty (60)
days' prior written notice that the Owner of the Lot is in default in payment of an Assessment. The notice
shall contain the name of the borrower, the recording date of the deed of trust or mortgage, recording
information, the name of the plat, Lot owner, and Lot number, the amount of unpaid Assessment, and a
statement that failure to, within sixty (60) days of the written notice, submit to the Association payment of
six (6) months of Assessments as described Section 11.2.2(a) will result in the priority of the amounts
described in Section 11.2.2(b).
(d) Upon payment of the amounts described in Section 11.2.2(a) by the
holder of a security interest, the Association's lien shall thereafter be fully subordinated to the lien of such
holder's security interest on the Lot.
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11.3 Recording Not Required
Recording of this Declaration constitutes record notice and perfection of the lien for Assessments.
While no further recording of any claim of lien for Assessment under this Section shall be required to
perfect the Association's lien, the Association may record a notice of claim of lien for Assessments under
this Section in the Real Property records of the County in which the Property is located. Such recording
shall not constitute the written notice of delinquency to a Mortgagee referred to in Section 11.2.2 of this
Declaration.
11.4 Limitations on Enforcement
11.4.1 The Association may not commence an action to foreclose alien on a Lot unless
the Lot Owner, at the time the action is commenced, owes a sum equal to at least three (3) months of
Assessments and the Board approves commencement of a foreclosure action specifically against that Lot.
11.4.2 A lien for unpaid Assessments is extinguished unless legal proceedings to
enforce the lien are instituted within six (6) years after the full amount of the Assessments sought to be
recovered becomes due.
11.5 Enforcement of Lien
11.5.1 The lien arising under this Section maybe enforced judicially by the Association
or its authorized representative in the manner set forth in Chapter 61.12 RCW or nonjudicially in the
manner set forth in Chapter 61.24 RCW for nonjudicial foreclosure of deeds of trust. For the purpose of
preserving the Association's nonjudicial foreclosure option, this Declaration shall be considered to create
a grant of each Lot in trust to Chicago Title Insurance Company or its successors and assigns ("Trustee"),
to secure the obligations of each Lot Owner ("Grantor") to the Association (`Beneficiary") for the
payment of Assessments. Grantor shall retain the right to possession of Grantor's Lot so long as Grantor
is not in default of an obligation to pay Assessments. The Trustee shall have a power of sale with respect
to each Lot, which becomes operative in the case of a default in a Grantor's obligation to pay assessments.
The Lots are not used principally for agricultural or farming purposes.
11.5.2 The Association or its authorized representative shall have the power to purchase
the Lot at the foreclosure sale, whether judicial or nonjudicial, and to acquire, hold, lease, mortgage, or
convey the Lot to a third party. Upon an express waiver in the complaint of any right to a deficiency
judgment in a judicial foreclosure action, the period of redemption shall be eight (8) months. Nothing in
this Section shall prohibit the Association from accepting a deed in lieu of foreclosure from the Owner of
the Lot subject to the lien.
11.6 Appointment of Receiver
In an action by the Association to collect Assessments or to foreclose a lien on a Lot under this
ARTICLE 11, the court may appoint a receiver to collect all sums alleged to be due and owing to a Lot
Owner before commencement or during pendency of the action. The receivership is governed by Chapter
7.60 RCW. During pendency of the action, the court may order the receiver to pay sums held by the
receiver to the Association for any Assessments against the Lot. The exercise by the Association of the
foregoing rights shall not affect the priority of preexisting liens on the Lot.
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11.7 Personal Liability of Lot Owners
In addition to constituting a lien on the Lot, each Assessment shall be the joint and several
obligation of the Lot Owner of the Lot to which the same are assessed as of the time the Assessment is
due. A Lot Owner may not exempt himself or herself from liability for Assessments. In a voluntary
conveyance other than by foreclosure, the grantee of a Lot is jointly and severally liable with the grantor
for all unpaid assessments against the grantor up to the time of the grantor's conveyance, without
prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee. Suit to
recover a personal judgment for any delinquent Assessment shall be maintainable in any court of
competent jurisdiction without foreclosing or waiving the lien securing such sums.
11.8 Statement of Assessment
The Association, upon written request, shall furnish to a Lot Owner or a Mortgagee of a Lot a
statement signed by an officer or authorized agent of the Association setting forth the amount of unpaid
Assessments against that Lot. The statement shall be furnished within fifteen (15) days after receipt of
the request and is binding on the Association, the Board, and every Lot Owner, unless and to the extent
known by the recipient to be false. The liability of a recipient who reasonably relies upon the statement
must not exceed the amount set forth in any statement furnished pursuant to this Section 11.8or any resale
certificate.
ARTICLE 12 ENFORCEMENT
12.1 Enforcement
The Board may enforce all restrictions, conditions, covenants, reservations, liens and charges now
or hereafter imposed by the provisions of this Declaration, the Articles, the Bylaws and any rules and
regulations promulgated by the Board by any proceeding at law or in equity. During the Period of
Developer Control, the Developer may exercise this enforcement power on behalf of the Association.
12.2 Fines
The Board is hereby authorized and empowered to impose fines and other penalties for the
infraction of any restrictions, conditions, covenants or reservations set forth in this Declaration, the
Bylaws or the rules and regulations. Said fines and penalties must be reasonable and in accordance with a
previously established schedule thereof adopted by the Board and furnished to the Lot Owners for
violations of the Declaration, Bylaws, and rules and regulations of the Association. The Board shall
notify all Lot Owners in writing within thirty (30) days of the adoption of said rules and regulations,
although the failure to provide such notice shall not cause any rule or regulation to become void.
12.3 Remedies
The remedies provided herein for collection of any assessment, charge or claim against any Lot
Owner, for and on behalf of the Association or Developer, are in addition to, and not in limitation of, any
other remedies provided by law.
12.4 Non -Waiver
The failure of the Association, the Developer, any Lot 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
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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 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.
12.5 Costs and Attorney Fees
If any authorized person or entity (including Developer) employs an attorney to enforce any
provision of this Declaration, the Bylaws, Articles or rules and regulations adopted by the Association,
the court or arbitrator may award reasonable attorneys' fees and costs incurred in said action to the
prevailing party, whether such fees and costs are incurred in negotiation, mediation, arbitration, litigation,
appeal, bankruptcy or pre- or post judgment collection.
ARTICLE 13 EASEMENTS
The following perpetual, appurtenant easements and those shown on the Map are hereby reserved
for the benefit of and created, granted and conveyed to the Lot Owners, the Association or other parties as
identified below:
13.1 Garage Easements
The following Lots are hereby assigned the corresponding garage (as shown on Exhibit B
attached hereto):
Garage Assigned
Lot to Lot
9
9
10
10
11
11
12
12
14
14
15
15
16
16
Each Lot shall have a perpetual, exclusive easement for garage purposes ("Garage Easement")
within the garage assigned to it. (Lots 7 and 13 do not have a Garage Easement or garages assigned to
them.) The boundaries of the Garage Easement ("Garage Easement Area") shall be the perimeter walls,
the lowest floors and the roof which enclose the garage. The general location of the Garage Easement
Areas are depicted on Exhibit B, attached hereto. All windows, doors to the garage, wallboard,
plasterboard, paint, finished flooring, and any other materials constituting any part of the finished surfaces
thereof are a part of the Garage Easement Area, and all other portions of the walls, floors, or ceilings are a
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part of the Common Area. All spaces, interior partitions, and other fixtures and improvements within the
boundaries of a garage are a part of the Garage Easement Area. Any duct, wire, conduit, bearing wall,
bearing column, or any other fixture, whether located wholly or partially within the Garage Easement
Area shall be part of the Common Area. The existing physical boundaries of the garage as originally
constructed or as reconstructed in substantial accordance with the original plans thereof shall be
conclusively presumed to be the boundaries of the Garage Easement Area rather than the boundaries
expressed or depicted in this Declaration, any deed or the Map, regardless of minor variance between
boundaries shown in the Declaration, any deed, or the Map and those of garages in the garage buildings as
actually constructed.
Lot Owners may attach shelving and similar storage units to the walls, and joists on the interior of
the garage as long as such improvements do not affect the structural integrity of the garage building. The
Lot Owner benefited by the Garage Easement shall maintain and replace the automatic garage door
opener at the Lot Owner's sole cost and expense. A Lot Owner shall pay for any damage to the Garage
Easement Area and its appurtenances and/or the garage building caused by the Lot Owner's intentional or
negligent conduct.
13.2 Utility and/or Access Easements
13.2.1 General. As shown on the Map and other documents on file with the Snohomish
County Auditor, nonexclusive easements for storm drainage, dry utilities and other utilities have been
granted over, under and across the Common Area and Lots within the Property.
13.2.2 Lot 1 and Lot 2. The Association and the Lot Owners of Lots 1 through 16 are
hereby granted and conveyed nonexclusive easements for access, ingress and egress over, under and
across the easterly portion of Lot 1 and the westerly portion of Lot 2 in the locations shown on the Map.
Such easement area shall be a Common Area.
13.2.3 Utility Entities. As shown on the Plat Map, public and/or private utility entities
have been granted certain nonexclusive utility easements over the Common Area and certain Lots. Lot
Owners shall not interfere with utility representatives' access to the easement area or meters at any time,
and shall otherwise comply with all terms of such easements.
13.2.4 Procedures. The Association (if benefited by an easement) or any Lot Owner
benefited by such easement shall obtain the prior consent, which shall not be unreasonably withheld,
conditioned or delayed, before conducting any maintenance or repairs on utilities within any other Lot or
the Common Area, or installing new utilities or improving the current utilities within any other Lot or the
Common Area. The Owner of a benefited Lot shall submit to the Owner of a burdened Lot and the
Association a complete copy of the construction plans and specifications for such new or improved
utilities at least thirty (30) days prior to the commencement of construction. Access to the utility easement
area on any other Lot for construction, routine maintenance and repair and other non -emergency visits
shall only be during construction hours permitted by the applicable building code, excluding legal
holidays. In the event of an emergency, the Lot Owner of a benefited Lot may access utilities located on
another Lot twenty-four (24) hours per day, seven (7) days per week, provided that such Lot Owner shall
attempt to provide as much notice to the Lot Owner of the burdened Lot as reasonably possible. In the
event that, in connection with any maintenance, repair or improvement of utilities located within another
Lot or the Common Area, the Lot Owner of the benefited Lot disturbs or damages any improvements
located on such other Lot or the Common Area, the Lot Owner of the benefited Lot shall restore said
improvements as close as practicable to their condition prior to such disturbance, damage or
commencement of such repairs or other work.
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13.3 Association Functions
The Association, its employees, agents and contractors, shall have a perpetual, nonexclusive
easement over, under and across the Property with a right of immediate entry and continued access for the
construction, improvement, maintenance and repair of the storm water drainage system, roads, common
landscaping, street lighting, perimeter and demising fencing and perimeter retaining walls and all other
Common Area for which the Association is responsible. No Lot Owner or Occupant shall place or permit
to be placed any structure, planting or other material, or permit such items to remain under, on or in, any
easement area on the Property which (i) interferes with the use of the easement, (ii) may damage or
interfere with the installation and maintenance of utilities within easements for installation and
maintenance of utilities, or (iii) may damage, interfere with or change the direction or flow of drainage
facilities within easements for installation and maintenance of drainage facilities.
13.4 Release and Indemnification
The benefited Lot Owner of each Easement set forth in this ARTICLE 13 shall release, defend,
indemnify and hold the burdened Lot Owner harmless from any and all loss or liability for damage to
property or injury or death to persons related to the benefited Lot Owners use of the Easement Area
except to the extent said loss or liability arises from or relates to the grossly negligent or intentional
wrongful act of the burdened Lot Owner or said Owner's agents or invitees.
13.5 Running with the Land
The easements set forth in this ARTICLE 13 shall run with the land and shall bind the heirs,
successors and assigns of the Association and the Owners of the respective benefited and burdened Lots.
ARTICLE 14 INSURANCE
14.1 Insurance provided by the Association
Commencing not later than the time of the first conveyance of a Lot to a person other than a
Developer, the Association shall maintain, to the extent reasonably available:
14.1.1 Property insurance on the Common Area, including the Buildings within the
Common Area, insuring against all risks of direct physical loss commonly insured against. The total
amount of insurance after application of any deductibles shall not be less than eighty percent (80%) of the
actual cash value of the insured property at the time the insurance is purchased and at each renewal date,
exclusive of land, excavations, foundations, and other items normally excluded from property policies.
14.1.2 Liability insurance, including medical payments insurance, in an amount
determined by the Board but not less than $1,000,000 per occurrence and $2,000,000 aggregate, covering
all occurrences commonly insured against for death, bodily injury, and property damage arising out of or
in connection with the use, ownership, or maintenance of the Common Area or other areas under control
and supervision of the Association. The policy may insure against liability in connection with
employment contracts of the Association, host liquor liability, employers' liability, automobile liability
and such other risks as are customarily covered with respect to residential condominium project of similar
construction, location and use.
14.1.3 Worker's compensation insurance to the extent required by applicable laws.
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14.1.4 Insurance against loss of personal property of the Association by fire, theft and
other losses with deductible provisions as the Board deems advisable.
14.1.5 Fidelity insurance covering all Persons responsible for handling Association
funds in an amount determined in the Board's business judgment.
14.1.6 Insurance coverage, in such amounts as the Board may in its discretion
determine, to indemnify, directors, officers and agents of the Association pursuant to Section 15.2.
14.1.7 Such other insurance (including directors and officers liability) as the Board
deems advisable.
14.2 Insurance Not Available
If the insurance specified in Section 14.1 is not reasonably available, the Association must
promptly cause notice of that fact to be given to all Lot Owners.
14.3 Lot Owner's Insurance
Every Lot Owner, at his own expense, shall insure the Owner's own Building against loss or
damage by fire or other casualty in an amount equal to the full replacement value thereof. Every Lot
Owner shall secure liability insurance covering the Owner's Lot. However, no Lot Owner shall be
entitled to maintain insurance coverage in any manner that would decrease the amount that the Board, or
any trustee for the Board, on behalf of all of the Lot Owners, would otherwise realize under any insurance
policy that the Board may have in force at any particular time. The Board may adopt rules that establish
other requirements for Lot Owner's coverage. The Association shall have no liability for an Owner's
failure to obtain insurance coverage. At the request of the Board, Lot Owners shall provide the Board
with a copy of such individual policy or policies, and the Board may review its effect with the
Association's insurance consultants.
14.4 Common Area Repair and Replacement
If the property covered by the insurance specified in Section 14.1.1 is damaged or destroyed, the
Association shall (to the extent permitted by any persons or entities to whom the damaged property is
pledged as collateral), upon receipt of the insurance proceeds, contract to rebuild or repair such property
to as good a condition as it was in when the loss occurred unless (a) Mirror Lake Highland is terminated,
(b) repair or replacement would be illegal, or (c) eighty percent (80%) of the Lot Owners vote not to
rebuild, except that, in addition to such vote of the Lot Owners, the consent of the City of Federal Way
shall also be required for a decision not to rebuild any pervious pavement or rain gardens. Any rebuilding
of storm water detention or treatment facilities shall require the approval of the City of Federal Way. The
Association may contract with any licensed contractor for reconstruction or rebuilding of such property.
During the Development Period, the Developer may elect to rebuild the damaged or destroyed portions of
the property to the extent it receives insurance proceeds to cover said repair or reconstruction.
14.5 Lot Building Repair and Replacement
The Lot Owner of any Building on a Lot damaged or destroyed by fire or other casualty shall,
upon receipt of the insurance proceeds, contract to repair or rebuild the damaged or destroyed portions of
the Building in a good workmanlike manner in conformance with the original plans and specifications of
said Building. The plans and specifications for said Building may be modified and said Building may be
reconstructed in accordance with said modified plans and specifications if the Lot Owner secured
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approval in conformance with Section 4.4. If the Lot Owner refuses or fails to commence such repair or
rebuilding within thirty (30) days after such damage or destruction, the Association is hereby authorized
by such Lot Owner to repair and rebuild any such Building in a good workmanlike manner in
conformance with the original plans and specifications. The Lot Owner shall then repay the Association
the amount actually expended for such repairs. The Association shall have a lien against the Lot for such
amount and the rights to collect said lien as provided in ARTICLE 10.
14.6 Special Policy Requirements
Insurance policies carried pursuant to Section 14.1.1 shall provide that:
(a) Each Lot Owner is an insured person under the policy with respect to liability
arising out of the Lot Owner's interest in the Common Area or membership in the Association;
(b) The insurer waives its right to subrogation under the policy against any Lot
Owner, and any member of the Lot Owner's household;
(c) Any act or omission by any Lot Owner, unless acting within the scope of the Lot
Owner's authority on behalf of the Association, will not void the policy or is not a condition to recovery
under the policy;
(d) If, at the time of a loss under the policy, there is other insurance in the name of a
Lot Owner covering the same risk covered by the policy, the Association's policy provides primary
insurance;
(e) The insurer shall not be relieved from liability for loss occurring while the hazard
to such Building(s) is increased, whether or not within the knowledge or control of the Board, or because
of any breach of warranty or condition or any other act or neglect by the Board, the Lot Owners or any
other persons acting under authority of any of them;
(f) The policy may not be cancelled (whether or not requested by the Board) except
by the insurer giving at least thirty (30) days prior written notice thereof to the Board and every other
person in interest who shall have requested such notice of the insurer;
(g) The policy contains a cross -liability endorsement wherein the rights of an insured
party under the policy or policies shall not be prejudiced as respects actions against another insured party
thereunder, or other equivalent coverage in cases of liability of the Association or Lot Owners to other
Lot Owners; and
(h) The policy contains a standard mortgagee clause which shall:
(i) Provide that any reference to a Mortgagee in such policy shall mean and
include all holders of Mortgages of a Lot or a Lot lease or sublease, in their respective order and
preference, whether or not named therein;
(ii) Provide that such insurance as to the interest of any Mortgagee shall not
be invalidated by any act or neglect of the Board, and Lot Owners or any persons acting under authority
of any of them; and
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(iii) Waive any provision invalidating such mortgage clause by reason of the
failure of any Mortgagee to notify the insurer of any hazardous use or vacancy, any requirement that the
Mortgagee pay any premium thereon, and any contribution clause.
ARTICLE 15 LIMITATION OF LIABILITY; INDEMNIFICATION
15.1 Limitation of Liability
No person who serves as a member of the Board (including the initial Board) or as an officer of
the Association (including Developer) shall be personally liable to the Association or any Lot Owner or
any other party for conduct as a member of the Board and shall be protected to the fullest extent permitted
by law. If Washington State Law is amended after adoption of this Declaration, then the liability of each
Board Member and officer of the Association shall be limited to the full extent permitted by the
Washington State Law, as so amended. No repeal or modification of this Section 15.1 shall adversely
affect any right or protection of a Board Member existing at the time of such repeal or modification.
15.2 Indemnification
15.2.1 Board Members. The Association shall indemnify and hold all persons who
serve as a member of the Board or the initial Board or as a Board member and officer of the Association
(including Developer, to the extent Developer acts in any such capacity), harmless to the full extent
permitted by Washington State Law as it now exists or as it is amended hereafter. This indemnification
shall continue as to a person who has ceased to be a Board Member and/or officer and shall inure to the
benefit of that person's heirs, personal representatives, or assigns. The Association may, upon written
request, advance expenses incurred by the Board Members and/or officers entitled to this indemnification.
If a claim for indemnification or advance of expenses is not paid within sixty (60) days after a written
claim has been received by the Association, the claimant may sue the Association to recover any unpaid
amount. If successful, the claimant shall be entitled to reasonable costs and attorneys' fees.
15.2.2 Officers. In addition, the Association shall have the power to indemnify an
officer who is not a Board member, as well as employees and agents of the Association who are not
Board Members (including the Developer), to the full extent permitted by Washington State Law as it
now exists or is amended hereafter. Whether an officer, agent or employee who is not a Board member
should be indemnified and the amount of indemnification to be provided shall be determined by general
or specific action of the Board of Directors.
15.2.3 Insurance. The Association shall have the power to purchase and maintain
insurance on behalf of any person who is or was a Board member, officer, employee, or agent of the
Association against any liability asserted against him and incurred by him in such capacity or arising out
of his status as such, whether or not the Association would have the power to indemnify him against such
liability under the provisions of Washington State Law.
15.2.4 Guarantees. The Association shall indemnify, defend and hold any Board
Member or officer harmless for any obligation of the Association which the Board Member or officer
personally guaranteed, so long as that Association obligation has been authorized and/or ratified by the
Board of Directors as provided for in the Bylaws.
15.2.5 Conformance with Law. If any provision of this Section 15.2 is in violation of
the Washington State Law in effect at the time of the request for indemnification, then that provision shall
be automatically modified to provide the broadest indemnification available under Washington State Law.
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15.2.6 Not Exclusive. The rights to indemnification, limitation of liability, and to the
advancement of expenses conferred in Sections 15.1 and 15.2 shall not be exclusive of any other right
which any person may have or hereafter acquire under any statute, the Association's Articles of
Incorporation, Bylaws, agreement, or vote of Members, disinterested Board Members or otherwise.
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PART IV
MISCELLANEOUS
ARTICLE 16 DEVELOPMENT PERIOD; DEVELOPER'S RIGHTS DURING
DEVELOPMENT PERIOD
16.1 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, but in any event the Development Period
shall terminate ten (10) yeas after the recording of this Declaration. Notwithstanding the foregoing, the
Developer, at its option, may elect to terminate the Development Period at any time by recording with the
King County Recorder a Notice of Termination of Development Period referencing this Declaration and
stating that the Development Period is terminated.
16.2 Developer's Authority During Development Period
The Development Rights and Special Declarant Rights are hereby reserved for use by the
Developer. During the Development Period, the Developer, without further authority from or action by
the Lot Owners, may exercise any Development Rights and Special Declarant Rights. The Developer
shall have no obligation to submit plans to the DRC or obtain the approval of the DRC prior to erecting,
placing or altering any Building, fence or other improvement on any Lot or Common Area, or
landscaping any Lot or Common Area. Upon termination of the Development Period, administrative
power and authority for management of the Property shall pass to the Board of Directors and Members as
provided herein and in the Bylaws.
ARTICLE 17 MORTGAGEE PROTECTION
The following provisions shall apply to and benefit each holder of a Mortgagee of a mortgage or
deed of trust given for the purpose of obtaining funds for the construction or purchase of a Building on
any Lot or the improvement of any Lot, notwithstanding and prevailing over any other provisions of this
Declaration, the Bylaws, or any rules, regulations or management agreements.
17.1 Before Possession
Prior to the time a Mortgagee is entitled to possession of a Lot, the Mortgagee shall not be
personally liable for the payment of any assessment or charge, or for the observance or performance of
any covenant, restriction, regulation, rule, Bylaw or management agreement, except for those matters
which are enforceable by injunctive or other equitable relief, not requiring the payment of money, as
hereinafter provided.
17.2 During Foreclosure
During the pendency of any proceeding to foreclose said mortgage or deed of trust, the
Mortgagee may exercise any or all of the rights and privileges of the Lot Owner of the mortgaged Lot,
including, but not limited to, the right to vote as a Member of the Association to the exclusion of the Lot
Owner's exercise of such rights and privileges.
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17.3 During Possession
At such time as said Mortgagee shall become entitled to possession of the Lot, the Mortgagee
shall be subject to all of the terms and conditions of this Declaration and the Bylaws, including, but not
limited to, the obligation to pay for all Assessments and charges accruing thereafter, in the same manner
as the Lot Owner; provided, however, the Mortgagee shall acquire the title to said Lot free and clear of
any lien authorized by or arising out of any provisions of this Declaration which secures the payment of
any assessment for charges accrued prior to the date said Mortgagee became entitled to possession of the
Lot.
17.4 Unpaid Assessments
If it is deemed necessary by the Association, any unpaid assessment against a Building foreclosed
against may be treated as a Common Expense of the other Lots. Any such unpaid Assessments shall
continue to be a personal obligation of the defaulting Lot Owner of the respective Lot.
17.5 Subordination
A breach of any of the provisions of this Declaration or any reentry by reason of such breach shall
not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value as
to said premises or any part thereof, but said provisions shall be binding upon and effective against any
Lot Owner of said premises whose title thereto is acquired by foreclosure, trustee's sale or otherwise.
ARTICLE 18 AMENDMENT OF DECLARATION
18.1 Developer's Reserved Rights
The Developer reserves the right and, on behalf of all Lot Owners, is hereby authorized to
execute and to have recorded any amendments to this Declaration it deems necessary prior to the
termination of the Development Period. All Lot Owners hereby grant to the Developer a full and
complete power of attorney to take those actions and agree that said amendments shall be binding upon
their respective Lots and them and their assigns to the same extent as if they had personally executed said
amendments. All Lot Owners hereby acknowledge and agree that the power of attorney granted herein
shall be deemed coupled with an interest and shall be irrevocable.
18.2 Amendment by Members
After termination of the Development Period, this Declaration may be amended only by vote or
agreement of Lot Owners of Lots to which at least sixty-seven percent (67%) of the votes in the
Association are allocated, provided that any amendment that alters the provisions of any easement set
forth in ARTICLE 13 herein shall require the approval of the party benefited by said easement. After
such approval, the President and Secretary of the Association, for and on behalf of the Lot Owners, shall
certify that the amendment was properly adopted and execute and record said amendment.
18.3 Exceptions
Except to the extent expressly permitted or required by the Act, an amendment may not create or
increase Special Declarant Rights, increase the number of Lots, change the boundaries of any Lot, or
change the allocated interests of a Lots without the consent of Lots Owners to which at least ninety
percent (90%) of the votes in the Association are allocated, including the consent of any Lot Owner of a
Lot, the boundaries of which or allocated interest of which is changed by the amendment.
40
Declaration of Protective Covenants
B0496388.DOC for Mirror Lake Highland
7
18.4 Corrective Amendments
Upon thirty (30) days' advance notice to Lot Owners, (a) the Developer may, without a vote of
the Lot Owners or approval by the Board, and within five (5) years after the recordation or adoption of the
Governing Documents containing or creating a mistake, inconsistency, error, or ambiguity, or (b) the
Board may, upon a vote of two-thirds (2/3rds) of the members of the Board: adopt, execute, and record a
corrective amendment or supplement to the Governing Documents to correct a mathematical mistake, an
inconsistency, or a scrivener's error, or clarify an ambiguity in the Governing Documents with respect to
an objectively verifiable fact. Any such amendment or supplement may not materially reduce what the
obligations of the Developer would have been if the mistake, inconsistency, error, or ambiguity had not
occurred.
18.5 Limitation of Action
In the absence of fraud, any action to challenge the validity of an amendment adopted pursuant to
this Section may not be brought more than one (1) year after the amendment is recorded.
ARTICLE 19 NOTICE
Notice to the Association, Board, or any Lot Owner or occupant of a Lot must be provided in the
form of a Record. Notwithstanding the methods to deliver notice set forth in this ARTICLE 19, notice
may be given by any other method reasonably calculated to provide notice to the recipient. The
ineffectiveness of a good -faith effort to deliver notice by an authorized means does not invalidate action
taken at or without a meeting.
19.1 Tangible Medium
Notice provided in a Tangible Medium may be transmitted by mail, private carrier, or personal
delivery, or facsimile addressed to the Association's registered agent at its registered office, to the
Association at its principal office shown in its most recent annual report or provided by notice to the Lot
Owners, or to the president or secretary of the Association at the address shown in the Association's most
recent annual report or provided by notice to the Lot Owners. Notice in a Tangible Medium to a Lot
Owner or occupant must be addressed to the Lot address unless the Lot Owner or occupant has requested,
in a Record delivered to the Association, that notices be sent to an alternate address or by other method
allowed by this Section and the Governing Documents.
19.2 Electronic Transmission
Notice to Lot Owners or Board members by Electronic Transmission is effective only upon Lot
Owners or Board members who have consented, in the form of a Record, to receive Electronically
Transmitted notices and have designated in the consent the address, location, or system to which such
notices may be Electronically Transmitted, provided that such notice otherwise complies with any other
requirements of the Act or other applicable law. 'A Lot Owner or Board member who has consented to
receipt of Electronically Transmitted notices may revoke such consent by delivering a revocation to the
Association in the form of a Record. The consent of any Lot Owner or Board member is revoked if the
Association is unable to Electronically Transmit two (2) consecutive notices given by the Association in
accordance with the consent, and this inability becomes known to the secretary of the Association or any
other person responsible for giving the notice. The inadvertent failure by the Association to treat such
inability as a revocation does not invalidate any meeting or other action. Notice to Lot Owners or Board
members who have consented to receipt of Electronically Transmitted notices may be provided by posting
the notice on an electronic network and delivering to the Lot Owner or Board member a separate Record
41
Declaration of Protective Covenants
B0496388.DOC for Mirror Lake Highland
of the posting, together with comprehensible instructions regarding how to obtain access to the posting on
the electronic network. Notice to an Association in an Electronic Transmission is effective only if the
Association has designated in a Record an address, location, or system to which the notices may be
Electronically Transmitted.
19.3 When Effective
Notice is effective as follows:
(a) Notice provided in a Tangible Medium is effective as of the date of hand
delivery, deposit with the carrier, or when sent by fax.
(b) Notice provided in an Electronic Transmission is effective as of the date it is
Electronically Transmitted to an address, location, or system designated by the recipient for that purpose,
or it has been posted on an electronic network and a separate Record of the posting has been sent to the
recipient containing instructions regarding how to obtain access to the posting on the electronic network.
ARTICLE 20 GENERAL PROVISIONS
20.1 Covenant Running with the Land
The provisions of this Declaration shall run with and bind the land, and shall inure to the benefit
of and be enforceable by the Lot Owners, their respective legal representatives, heirs, successors and
assigns.
20.2 Termination
Except as otherwise set forth in the Act, Mirror Lake Highland and this Declaration may be
terminated by agreement of Lot Owners of Lots to which at least eighty percent (80%) of the votes in the
Association are allocated, pursuant to the terms and procedures set forth in the Act.
20.3 Severability
Invalidation of any provision of this Declaration by judgment or court order shall in no way affect
any other provisions, which shall remain in full force and effect.
20.4 Gender
This Declaration is to be read and understood with all appropriate changes of a number and
gender as required by the context.
20.5 Headings
The captions in this Declaration are for convenience only and do not in any manner affect, limit,
or amplify the provisions hereof.
20.6 Inflationary Increases in Dollar Limits
The dollar limits specified in this Declaration may, in the discretion of the Board, be increased
proportionately to adjust for any inflation in the value of the dollar by the Consumer Price Index for all
Urban Consumers (1982 — 1984 = 100 (semi-annual)) specified for "All Items," relating to Seattle -
Tacoma -Bremerton, Washington and issued by the Bureau of Labor Statistics of the United States
42
Declaration of Protective Covenants
B0496388.DOC for Mirror Lake Highland
Department of Labor, or any successor index. If the index for Seattle -Tacoma -Bremerton is discontinued,
the National Index shall be used in this calculation. In the event the index shall hereafter be converted to
a different standard reference base or otherwise revised, the increase shall be made with the use of such
conversion factor, formula or table for converting the index as may be published by the Bureau of Labor
Statistics or, if said Bureau shall not publish the same, then with the use of such conversion factor,
formula or table as may be published by Prentice Hall, Inc., or, failing such publication, by any other
nationally recognized publisher of similar statistical information. In the event the index shall cease to be
published, then there shall be substituted for the index such other index as the Board deems reasonable.
IN WITNESS WHEREOF, Developer has hereunto set its hand and seal the day and year first
above written.
DEVELOPER:
MIRROR LAKE HIGHLAND, LLC,
a Washington limited liability company
By: L �" �' 641�aA -') —
William Mc a frey, Manager V 6
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
THIS IS TO CERTIFY that on this -PIK day of JLIVWL , 2019, before me, a Notary
Public in and for the State of Washington, duly commissioned ands orn, came William McCaffrey,
personally known or having presented satisfactory evidence to be the manager of Mirror Lake Highland,
LLC, a Washington limited liability company, the limited liability company that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said
limited liability company for the uses and purposes therein mentioned, and on oath stated that the is
authorized to execute the said instrument.
WITNESS MY HAND and official seal the an year ' his certificate first above written.
Print Name: k�
DIVYA DEVI Notary Public in and for the
Notary Public State of Washington, residing at
State of Washington f rC(k0vl—� A
My Appointment Expires Jan 10. 2021 Expiration Date:_�W Li} , 10Q
43
B0496388.DOC
Declaration of Protective Covenants
for Mirror Lake Highland
EXHIBIT A
LEGAL DESCRIPTION
Parcel A:
That portion of the East half of the West half of the Southwest quarter of the Northeast quarter of Section
7, Township 21 North, Range 4 East, W.M., in King County, described as follows:
Beginning at a point on the East line of a private road, said point being 198 feet South of the North line of
said subdivision and 100 feet West of the East line of said subdivision;
Thence South along the East line of said private road, a distance of 712 feet;
Thence East 100 feet to intersect the East line of said subdivision at a point 910 feet South of the
Northeast corner thereof,
Thence South along the East line of said subdivision to the South line of the county road;
Thence West 100 feet to the East line of a private road;
Thence South along the East line of said private road to the South line of said subdivision;
Thence West 10 feet to the East line of the West 220 feet of the East half of the West half of the
Southwest quarter of the Northeast quarter of said Section 7;
Thence North along said East line to a point 198 feet South of the North line of the Southwest quarter of
said Northeast quarter;
Thence East 10 feet to the POINT OF BEGINNING;
EXCEPT the North 82 feet thereof,
AND EXCEPT county road (Southwest 312th Street);
AND EXCEPT that portion thereof conveyed to Sophie A. McNeil by Quit Claim Deed dated June 16,
2001, recorded June 19, 2001, under Recording Number 20010619000738;
Situate in the County of King, State of Washington.
Parcel A 1:
A non-exclusive perpetual easement for ingress and egress over the following described land:
A strip of land 20 feet in width lying 10 feet along either side of the following described centerline:
Beginning at a point on the North line of the Southwest quarter of the Northeast quarter of Section 7,
Township 21 North, Range 4 East, W.M., in King County, Washington, from which point on the
Northwest corner thereof bears North 89' 11' 19" West a distance of 439.51 feet;
Thence South 1°04'58" West 987.31 feet;
Thence South 63°55'02" East 110.34 feet;
Thence South 1 °04'58" West 145.16 feet to the North margin of the county road known as South 312th
Street.
Situate in the County of King, State of Washington.
Parcel A2:
Together with an access easement as set forth in instrument recorded June 19, 2001 under Recording No.
20010619000739.
Situate in the County of King, State of Washington.
44
B0496388. DOC
Declaration of Protective Covenants
for Mirror Lake Highland
Parcel B:
That portion of the East half of the West half of the Southwest quarter of the Northeast quarter of Section
7, Township 21 North, Range 4 East described as follows:
Beginning on the East line of said subdivision at a point 525.00 feet South of the Northeast corner
thereof,
Thence South along said East line 175.00 feet;
Thence West 100 feet to the East line of a private road;
Thence North along said East line 175 feet to a point West of the POINT OF BEGINNING;
Thence East 100 feet to the POINT OF BEGINNING;
Situate in the County of King, State of Washington.
Parcel C:
That portion of the East half of the West half of the Southwest quarter of the Northeast quarter of Section
7, Township 21 North, Range 4 East, W.M., in King County, Washington, described as follows:
Beginning at a point 700 feet South of the Northeast corner of said subdivision;
Thence South 70 feet;
Thence West 100 feet;
Thence North 70 feet;
Thence East 100 feet to the TRUE POINT OF BEGINNING.
Parcel D:
That portion of the East half of the West half of the Southwest quarter of the Northeast quarter of Section
7, Township 21 North, Range 4 East, W.M., in King County, Washington, described as follows:
Beginning at a point 770 feet South of the Northeast corner of said subdivision;
Thence South 140 feet;
Thence West 100 feet;
Thence North 140 feet;
Thence East 100 feet to the TRUE POINT OF BEGINNING.
Parcel E:
That portion of the East half of the West half of the Southwest quarter of the Northeast quarter of Section
7, Township 21 North, Range 4 East, W.M., in King County, Washington, described as follows:
Beginning at a point 420 feet South of the Northeast corner of said subdivision;
Thence South 105 feet;
Thence West 100 feet;
Thence North 105 feet;
Thence East 100 feet to the TRUE POINT OF BEGINNING.
Situate in the City of Federal Way, County of King, State of Washington.
45
B0496388.DOC
Declaration of Protective Covenants
for Mirror Lake Highland
EXHIBIT B
GARAGE EASEMENT AREAS
46
B0496388 DOC
Declaration of Protective Covenants
for Mirror Lake Highland
stewart title
SUBDIVISION GUARANTEE RECEIVED
ISSUED BY
STEWART TITLE GUARANTY COMPANY SEP 10 2018
Guarantee No.: G-6329-11374
Order No.: 259813
CITY OF FEDEPAL WAY
COMMUNrFy DEVELOPMENT
Fee: $550.00
Dated: July 25, 2018 at 8:OOAM
Stewart Title Guaranty Company (the "Company"), guarantees the County of King and any City within which said
subdivision is located in a sum not exceeding $1,000.00 that, according to those public records which, under the
recording laws, impart constructive notice of matters affecting the title to the land included within the exterior
boundary shown on the map of the subdivision, the only parties having any record title interest in said land whose
signatures are necessary, on the certificates consenting to the recordation of said map and offering for dedication
any streets, roads, avenues and other easements offered for dedication by said map as referred to in the
guarantee.
Authorized Countersignature �GUARqMatt Morris
President and CEO
Stewart Title Company '-
981 Powell Ave SW, Suite 100 190ti� b
Renton, WA 98057
x**
Denise C rraux
Secretary
For coverage information or assistance resolving a complaint, call (800) 729-1962 or visit vA .stewart.com. For purposes of this form the
"Stewart Title" logo featured above is the represented Pogo for the underwriter, Stewart Title Guaranty Company.
In writing this company, please address it at P.O. Box 2029, Houston, Texas 77252. and refer to the printed Serial No.
WA Subdivision Guarantee
File No.: 259813
Guarantee Serial No.: G-6329-11374
Page 1 of 7
SUBDIVISION GUARANTEE
ISSUED BY
STEWART TITLE GUARANTY COMPANY
Order Number: 259813
Effective Date: July 25, 2018 at 8:OOAM
Prepared by:
Stewart Title Company
981 Powell Ave SW, Suite 100
Renton, WA 98057
Guarantee No.: G-6329-11374
OWNERS: Mirror Lake Highland, LLC, a Washington limited liability company
LEGAL DESCRIPTION:
See Exhibit "A" Attached Hereto
Premium: $550.00
Sales Tax: $55.00
Total: $605.00
SUBJECT TO:
1. General taxes: First half delinquent May 1; Second half delinquent November 1:
Year: 2018
Amount Billed: $3,979.46
Amount Paid: $1,989.73
Amount Due: $1,989.73, plus interest and penalty if delinquent
Tax Account No.: 072104 9024
Levy Code: 1205
Land: $106,000.00
Improvements: $172,000.00
(Affects Parcel A)
2. General taxes: First half delinquent May 1; Second half delinquent November 1
Year:
2018
Amount Billed:
$1,146.12
Amount Paid:
$573.06
Amount Due:
$573.06, plus interest and penalty if delinquent
Tax Account No.:
072104 9109
Levy Code:
1205
Land:
$82,000.00
Improvements:
$0.00
(Affects Parcel B)
3. General taxes: First half delinquent May 1; Second half delinquent November 1
Year:
2018
Amount Billed:
$797.62
Amount Paid:
$398.81
Amount Due:
$398.81, plus interest and penalty if delinquent
Tax Account No.:
072104 9110
Levy Code:
1205
WA Subdivision Guarantee
File No.: 259813
Guarantee Serial No.: G-6329-11374
Page 2 of 7
SUBDIVISION GUARANTEE
ISSUED BY
STEWART TITLE GUARANTY COMPANY
Land:
$57,000.00
Improvements:
$0.00
(Affects Parcel C)
4. General taxes: First half delinquent May 1; Second half delinquent November 1:
Year:
2018
Amount Billed:
$1,020.66
Amount Paid:
$510.33
Amount Due:
$510.33, plus interest and penalty if delinquent
Tax Account No.:
072104 9111
Levy Code:
1205
Land:
$73,000.00
Improvements:
$0.00
(Affects Parcel D)
5. General taxes: First half delinquent May 1; Second half delinquent November 1:
Year:
2018
Amount Billed:
$923.08
Amount Paid:
$461.54
Amount Due:
$461.54, plus interest and penalty if delinquent
Tax Account No.:
072104 9114
Levy Code:
1205
Land:
$66,000.00
Improvements:
$0.00
(Affects Parcel E)
Note: King County Treasurer, 500 4th Avenue, 6th Floor Admin. Bldg., Seattle, WA 98104 (206)
296-7300; Web Address: http://webapp.metrokc.gov/kctaxinfo/.
6. Current and/or advance personal property taxes for 2018 may become due upon transfer or sale
of the premises herein described. Please contact the King County Treasurer's office for further
information.
7. Liability for sewer treatment capacity charges that may be assessed but not disclosed in the
public records. Please contact the King County Capacity Charge Department for further
information at 206-296-1450.
8. Deed of Trust dated July 31, 2017 and recorded August 7, 2017 as Instrument Number
20170807000791 in the original principal amount of $1,576,000.00 from Mirror Lake Highland,
LLC, a Washington limited liability company to Reconveyance Professionals, Inc, a Washington
corporation, as trustee, for Redmnd Funding Group, LLC, a Delaware Limited Liability
Company.
9. Deed of Trust dated July 31, 2017 and recorded August 7, 2017 as Instrument Number
20170807001170 in the original principal amount of $250,000.00 from Mirror Lake Highland,
LLC, a Washington limited liability company to Reconveyance Professionals, Inc., as trustee, for
Redmond Property Investment #4, LLC, a Washington limited liability company.
The above instrument has been subordinated to the lien of the document recorded under
Instrument No. 20170807000791 by Subordination Agreement recorded under Instrument No.
20170807001171.
WA Subdivision Guarantee
File No.: 259813
Guarantee Serial No.: G-6329-11374
Page 3 of 7
SUBDIVISION GUARANTEE
ISSUED BY
STEWART TITLE GUARANTY COMPANY
10. License and the terms and conditions thereof recorded under Instrument No. 201708-I500044 :..
11. Easement granted to Pacific Northwest Bell Telephone Company, a Washington corporation, as
more fully set forth in the document recorded as Instrument No. 5322887.
12. Easement granted to Lakehaven Sewer District, a municipal corporation, as more fully set forth
in the document recorded as Instrument No. 7806140899.
13. Lake Access Easement and the terms and conditions thereof recorded under Instrument No.
20010619000739.
14. Notice of On -Site Sewage System and the terms and conditions thereof recorded under
Instrument No. 20050211001839. (Affects Parcel A)
15. Quit Claim Deed Clearing Title Re Access Rights and the terms and conditions thereof recorded
under Instrument No. 20070412000602, 2007041200603 and 2007041200604. (Affects Parcel
A)
16. Lack of a recorded means of ingress and egress to a public road from the land. (Affects Parcels
B, C, D and E)
17. Memorandum of Agreement, including terms and conditions thereof as recorded in Instrument
No. 20070412000601. (Affects Parcels A, B, C and D)
18. Easement Agreement, including terms and conditions thereof as recorded in Instrument No.
20071108001180,20071108001181,20071108001182,20071108001183,20071108001184,
20071108001185 and 20071108001186. (Affects Parcel A)
19. Terms and conditions of survey recorded February 11, 2008 under Recording Number
20080211900001.
20. Agreement and the terms and conditions thereof recorded under Instrument No.
2008052 0001637.
Amendments to Developer Extension Agreement under Recording Numbers 201608040003D9
and 20180305000029.
21. Easement granted to Puget Sound Energy, Inc., a Washington Corporation, as more fully set
forth in the document recorded as Instrument No. 20110421000244.
22. Any unrecorded leaseholds, rights of vendors and holders of security interest on personal
property installed upon said property, and right of tenants to remove trade fixtures at the
expiration of the term.
WA Subdivision Guarantee
File No.: 259813
Guarantee Serial No.: G-6329-11374
Page 4 of 7
SUBDIVISION GUARANTEE
EXHIBIT "A"
LEGAL DESCRIPTION
ISSUED BY
STEWART TITLE GUARANTY COMPANY
Order Number: 259813
Parcel A:
Guarantee No.: G-6329-11374
That portion of the East half of the West half of the Southwest quarter of the Northeast quarter of
Section 7, Township 21 North, Range 4 East, W.M., in King County, described as follows:
Beginning at a point on the East line of a private road, said point being 198 feet South of the North line
of said subdivision and 100 feet West of the East line of said subdivision;
Thence South along the East line of said private road, a distance of 712 feet;
Thence East 100 feet to intersect the East line of said subdivision at a point 910 feet South of the
Northeast corner thereof;
Thence South along the East line of said subdivision to the South line of the county road;
Thence West 100 feet to the East line of a private road;
Thence South along the East line of said private road to the South line of said subdivision,
Thence West 10 feet to the East line of the West 220 feet of the East half of the West half of the
Southwest quarter of the Northeast quarter of said Section 7;
Thence North along said East line to a point 198 feet South of the North line of the Southwest quarter
of said Northeast quarter;
Thence East 10 feet to the POINT OF BEGINNING;
EXCEPT the North 82 feet thereof;
AND EXCEPT county road (Southwest 312th Street);
AND EXCEPT that portion thereof conveyed to Sophie A. McNeil by Quit Claim Deed dated June 16,
2001, recorded June 19, 2001, under Recording Number 20010619000738;
Situate in the County of King, State of Washington.
Parcel Al:
A non-exclusive perpetual easement for ingress and egress over the following described land:
A strip of land 20 feet in width lying 10 feet along either side of the following described centerline:
Beginning at a point on the North line of the Southwest quarter of the Northeast quarter of Section 7,
Township 21 North, Range 4 East, W.M., in King County, Washington, from which point on the
Northwest corner thereof bears North 890 11' 19' West a distance of 439.51 feet;
Thence South 1 °04'58" West 987.31 feet;
Thence South 63055'02" East 110.34 feet;
Thence South 1 °04'58" West 145.16 feet to the North margin of the county road known as South
312th Street;
TOGETHER WITH an access easement as set forth in instrument recorded June 19, 2001 under
Recording Number 20010619000739.
Situate in the County of King, State of Washington.
Parcel B:
WA Subdivision Guarantee
File No.: 259813
Guarantee Serial No.: G-6329-11374
Page 5 of 7
SUBDIVISION GUARANTEE
EXHIBIT "A"
LEGAL DESCRIPTION
ISSUED BY
STEWART TITLE GUARANTY COMPANY
That portion of the East half of the West half of the Southwest quarter of the Northeast quarter of
Section 7, Township 21 North, Range 4 East described as follows:
Beginning on the East line of said subdivision at a point 525.00 feet South of the Northeast corner
thereof;
Thence South along said East line 175.00 feet;
Thence West 100 feet to the East line of a private road;
Thence North along said East line 175 feet to a point West of the POINT OF BEGINNING;
Thence East 100 feet to the POINT OF BEGINNING;
Situate in the County of King, State of Washington.
Parcel C:
That portion of the East half of the West half of the Southwest quarter of the Northeast quarter of
Section 7, Township 21 North, Range 4 East, W.M., in King County, Washington, described as follows
Beginning at a point 700 feet South of the Northeast corner of said subdivision;
Thence South 70 feet;
Thence West 100 feet;
Thence North 70 feet;
Thence East 100 feet to the TRUE POINT OF BEGINNING.
Parcel D:
That portion of the East half of the West half of the Southwest quarter of the Northeast quarter of
Section 7, Township 21 North, Range 4 East, W.M., in King County, Washington, described as follows:
Beginning at a point 770 feet South of the Northeast corner of said subdivision;
Thence South 140 feet;
Thence West 100 feet;
Thence North 140 feet;
Thence East 100 feet to the TRUE POINT OF BEGINNING.
Parcel E:
That portion of the East half of the West half of the Southwest quarter of the Northeast quarter of
Section 7, Township 21 North, Range 4 East, W.M., in King County, Washington, described as follows:
Beginning at a point 420 feet South of the Northeast corner of said subdivision;
Thence South 105 feet;
Thence West 100 feet;
Thence North 105 feet;
Thence East 100 feet to the TRUE POINT OF BEGINNING.
Situate in the City of Federal Way, County of King, State of Washington.
WA Subdivision Guarantee
File No.: 259813
Guarantee Serial No.: G-6329-11374
Page 6 of 7
SUBDIVISION GUARANTEE
ISSUED BY
STEWART TITLE GUARANTY COMPANY
Order Number: 259813
Guarantee No.: G-6329-11374
This Guarantee and the legal description given herein are based upon information supplied by the
applicant as to the location and identification of the premises in question, and no liability is assumed
for any discrepancies resulting therefrom. This report does not represent either a commitment to
insure title, an examination of or opinion as to the sufficiency or effect of the matters shown, or opinion
as to the marketability of title to the land.
WA Subdivision Guarantee
File No.: 259813
Guarantee Serial No.: G-6329-11374
Page 7 of 7
�l
Stewart Title Guaranty Company Privacy Notice
Stewart Title Companies
WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION?
Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state
law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to
understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and
its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA).
The types of personal information we collect and share depend on the product or service that you have sought through us. This
information can include social security numbers and drives license number.
All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday
business —to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share
customers' personal information; the reasons that we choose to share; and whether you can limit this sharing.
Reasons we can share your personal information. Do we share Can you limit this sharing?
For our everyday business purposes— to process your transa cdons
and maintain your account. This may include running the business and No
managing customer accounts, such as processing transactions, Yes
mailing, and auditing services, and responding to court orders and legal
investigations.
For our marketing purposes— to offer our products and services to Yes No
you.
For joint marketing with other financial companies No We don't share
For our affiliates' everyday business purposes— information about
your transactions and experiences. Affiliates are companies related by
common ownership or control. They can be financial and non -financial Yes No
companies. Our affiliates may include companies with a Stewart name;
financial companies, such as Stewart Title Company
For our affiliates' everyday business purposes— information about No We don't share
your creditworthiness.
For our affiliates to market to you — For your convenience, Stewart Yes Yes, send your first and last name, the email
has developed a means for you to opt out from its affiliates marketing address used in your transaction, your Stewart file
even though such mechanism is not legally required. number and the Stewart office location that is
handling your transaction by email to
optout@stewart.com or fax to
1-800-335-9591.
For non -affiliates to market to you. Non -affiliates are companies not No We don't share
related by common ownership or control. They can be financial and
non -financial companies.
We may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with a
non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. [We do not control
their subsequent use of information, and suggest you refer to their privacy notices.]
SHARING PRACTICES _
How often do the Stewart Title Companies notify me We must notify you about our sharing practices when you request a transaction.
about their practices?
How do the Stewart Title Companies protect my To protect your personal information from unauthorized access and use, we use
personal information? security measures that comply with federal law. These measures include
computer, file, and building safeguards.
How do the Stewart Title Companies collect my We collect your personal information, for example, when you
personal information? request insurance -related services
provide such information to us
We also collect your personal information from others, such as the real estate
agent or lender involved in your transaction, credit reporting agencies, affiliates
or other companies.
What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in
certain instances, we do not share your personal information in those instances -
Contact us: If you have any questions about this privacy notice, please contact us at. Stewart Title Guaranty Company,
1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056
File No.: 259813 Revised 11-19-2013