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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 >111W.iT AItl I IITAlt .WT 11AI A1E SIF Ip1Lq 4-IT.,Ty � I -I I.IT->W7 1 O I`III Illlll h N SFI%VW W 1317.9J` (� 6•A!6' yyy � K Y 8 K m � Z 2 > FRaPCR= n LACA1gN I pQ �6R$ _ nA NSF WF JNP9Pm LV 5ilgY AI# A1�tlR�O x 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 Cdb4iTHORi Mee CCLHSIRYLICD OR LOCATED BY ORARr011, df AAT =1HF10 IARTY ACrIRO VROCM AUAIORFTr OF GRAPHIC SCALE (FAIY IOR. NIDEH TImexe Z (SI. MEASU tt0 HDNEpEFHLT FYR PARALIIL FypWEHiS, a ffi a yR RIC,H6 (D >X WASUMM YpBCµAY F i:RVVW G OR PVWVX2 CULAA ApGNYpf¢, W ANT KWFO r f gFANTLE5 FAOUAM VtWFOR AWDpwLLY ORArTTi TO mE LAREMMiN UrkrtT %SHRIM M@ ITS AWHM 9JDMWM AND AS'w04 4 15 30 60 Dq USE a 5r1O1 AMMINAL AREA IIMEDIATLST A004EHT TV TAm eSIDdwT ARIA AS SHAM BE REWMEO FOR THE toKs"uL-Rpr. R[(rbtSTRVCrWH, IMNM ARCS AND OPIRAYON OF SAp WATER OR WNITt FA rI M TR U'A Or rL r- _ ]0 FEET AM110MAL AREA SWAM BE r tY A RIASptAMK ARRARAF AAA IC E0 lld COtCrrlpB CE-3rVA: IHgHfyIATCLY BElm WE PBOYCRYT wa OmAt lE'W 6Y TIC IA%WAIT,TE 4l7R1TY pIIITR� Its ADEHIT6, Sr/CGf� A110 AYSCHS M Aoar,, M WE Oran! NCUMTBT, /S fEM7, OWO" 94ALL Hof C Wy JR.A jr , VA Aw EA i DRr OR ompt N<TFRIST DR WR ? USE Or PRWVff Tal.ICT M TX EA3[UVT NAT Woho WAR OR L101T THIS USE Or DIE CA$6LEYE RM?S 48ArfTW HEMDW. CITY OF FEDERAL WAY FILE NO. 18-10419E-00-SU informed land survey INDEXDATA: ,f SW 114 OF THE NE 114 OF SEC➢ON 7, T21N, R4E, W.M., KING ClNINTY. WA SHT ra m5WAD8415013T MIRROR LAKE HIGHLAND sILL nlrecA� Rev Phone 253-627-2070 604 312TH ST SW adminQi-landsurveycnm FEDERAL WAY WA OF ' ""-•='`'"� ❑RAF ECP 58 GiIECKFQl1 8 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 ii Declaration of Protective Covenants B0468139.DOC for Mirror Lake Highland Cottages 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 iii B0468139.DOC Declaration of Protective Covenants for Mirror Lake Highland Cottages 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 iv Declaration of Protective Covenants B0468139.DOC for Mirror Lake Highland Cottages 20.5 Gender 42 20.6 Headings 42 20.7 Inflationary Increases in Dollar Limits 42 Declaration of Protective Covenants B0468139.DOC for Mirror Lake Highland Cottages 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. Declaration of Protective Covenants B0468139.DOC for Mirror Lake Highland Cottages 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. 2 Declaration of Protective Covenants B0468139.DOC for Mirror Lake Highland Cottages 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. Declaration of Protective Covenants B0468139.DOC for Mirror Lake Highland Cottages 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. Declaration of Protective Covenants B0468139.DOC for Mirror Lake Highland Cottages 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. Declaration of Protective Covenants B0468139.DOC for Mirror Lake Highland Cottages 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 6 Declaration of Protective Covenants B0468139.DOC for Mirror Lake Highland Cottages 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 7 Declaration of Protective Covenants B0468139.DOC for Mirror Lake Highland Cottages 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. Declaration of Protective Covenants B0468139.DOC for Mirror Lake Highland Cottages 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. 9 Declaration of Protective Covenants B0468139.DOC for Mirror Lake Highland Cottages 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 10 Declaration of Protective Covenants B0468139.DOC for Mirror Lake Highland Cottages 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 11 Declaration of Protective Covenants B0468139.DOC for Mirror Lake Highland Cottages 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 12 Declaration of Protective Covenants B0468139.DOC for Mirror Lake Highland Cottages 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. 13 Declaration of Protective Covenants B0468139.DOC for Mirror Lake Highland Cottages 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 14 Declaration of Protective Covenants B0468139.DOC for Mirror Lake Highland Cottages 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. 15 Declaration of Protective Covenants B0468139.DOC for Mirror Lake Highland Cottages 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. 16 Declaration of Protective Covenants B0468139.DOC for Mirror Lake Highland Cottages 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. 17 00458134.130C Declaration of Protective Covenants for Mirror Lake Highland Cottages 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 18 Declaration of Protective Covenants B0468139.DOC for Mirror Lake Highland Cottages 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. 19 Declaration of Protective Covenants B0468139.DOC for Mirror Lake Highland Cottages 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. 20 Declaration of Protective Covenants B0468139.130C for Mirror Lake Highland Cottages 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; 21 Declaration of Protective Covenants B0468139.DOC for Mirror Lake Highland Cottages (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 22 Declaration of Protective Covenants B0468139.DOC for Mirror Lake Highland Cottages 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. 23 Declaration of Protective Covenants B0468139.DOC for Mirror Lake Highland Cottages 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. 24 Declaration of Protective Covenants B0468139.DOC for Mirror Lake Highland Cottages 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 25 Declaration of Protective Covenants B0468139.DOC for Mirror Lake Highland Cottages 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 26 Declaration of Protective Covenants B0468139.DOC for Mirror Lake Highland Cottages 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 27 Declaration of Protective Covenants B0468139.DOC for Mirror Lake Highland Cottages 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. 28 Declaration of Protective Covenants B0468139.DOC for Mirror Lake Highland Cottages 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. 29 Declaration of Protective Covenants B0468139.DOC for Mirror Lake Highland Cottages 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. 30 Declaration of Protective Covenants B0468139.130C for Mirror Lake Highland Cottages 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 31 Declaration of Protective Covenants B0468139.DOC for Mirror Lake Highland Cottages 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 32 Declaration of Protective Covenants B0468139.DOC for Mirror Lake Highland Cottages 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. 33 Declaration of Protective Covenants B0468139.DOC for Mirror Lake Highland Cottages 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. 34 Declaration of Protective Covenants B0468139.DOC for Mirror Lake Highland Cottages 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 35 Declaration of Protective Covenants B0468139.DOC for Mirror Lake Highland Cottages 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. 36 Declaration of Protective Covenants B0468139.DOC for Mirror Lake Highland Cottages 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 37 Declaration of Protective Covenants B0468139.DOC for Mirror Lake Highland Cottages 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. 38 B0468139DOC Declaration of Pmtective covenants for Mirror Lake Highland Cottages 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. 39 Declaration of Protective Covenants B0468139.DOC for Mirror Lake Highland Cottages 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 40 Declaration of Protective Covenants B0468139.DOC for Mirror Lake Highland Cottages 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. 41 Declaration of Protective Covenants B0468139.DOC for Mirror Lake Highland Cottages 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 42 Declaration of Protective Covenants B0468139.DOC for Mirror Lake Highland Cottages 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, 43 B0468139.DOC Declaration of Protective Covenants for Mirror Lake Highland Cottages '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 Signature of Requesting Party 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. 4 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 7 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. Declaration of Protective Covenants B049638&DOC for Mirror Lake Highland 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. Declaration of Protective Covenants B0496388.DOC for Mirror Lake Highland 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 10 Declaration of Protective Covenants B0496388.DOC for Mirror Lake Highland 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 11 Declaration of Protective Covenants B0496388.DOC for Mirror Lake Highland 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 12 Declaration of Protective Covenants B0496388,DOC for Mirror Lake Highland 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. 13 Declaration of Protective Covenants B0496388 DOC for Mirror Lake Highland 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 14 Declaration of Protective Covenants B0496388.DOC for Mirror Lake Highland 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. 15 Declaration of Protective Covenants B0496388.DOC for Mirror Lake Highland 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. 16 Declaration of Protective Covenants B0496388.DOC for Mirror Lake Highland 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. 17 Declaration of Protective Covenants B0496388.DOC for Mirror Lake Highland 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 18 Declaration of Protective Covenants B0496388.DOC for Mirror Lake Highland 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. 19 Declaration of Protective Covenants B0496388.DOC for Mirror Lake Highland 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. 20 Declaration of Protective Covenants for Mirror Lake Highland B0496388.DOC 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; 21 Declaration of Protective Covenants B0496388-DOC for Mirror Lake Highland (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 22 Declaration of Protective Covenants B0496388.DOC for Mirror Lake Highland 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 23 Declaration of Protective Covenants B0496388-DOC for Mirror Lake Highland 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. 24 Declaration of Protective Covenants B0496388.DOC for Mirror Lake Highland 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 25 Declaration of Protective Covenants B0496388.DOC for Mirror Lake Highland 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 26 Declaration of Protective Covenants B0496388.DOC for Mirror Lake Highland ^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 27 Declaration of Protective Covenants B0496388.DOC for Mirror Lake Highland 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. 28 Declaration of Protective Covenants B0496388.DOC for Mirror Lake Highland 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. 29 Declaration of Protective Covenants B0496388.DOC for Mirror Lake Highland f 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. 30 Declaration of Protective Covenants B0496388.DOC for Mirror Lake Highland 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 31 Declaration of Protective Covenants B0496388.DOC for Mirror Lake Highland 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 32 Declaration of Protective Covenants B0496388.DOC for Mirror Lake Highland 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. 33 Declaration of Protective Covenants B0496388.DOC for Mirror Lake Highland 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. 34 B0496388,DOC Declaration of Protective Covenants for Mirror Lake Highland 1 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 35 Declaration of Protective Covenants B0496388,DOC for Mirror Lake Highland 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 36 Declaration of Protective Covenants B0496388.DOC for Mirror Lake Highland l (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. 37 Declaration of Protective Covenants B0496388.DOC for Mirror Lake Highland N 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. 38 B0496388.DOC Declaration of Protective Covenants for Mirror Lake Highland 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. 39 Declaration of Protective Covenants B0496388 DOC for Mirror Lake Highland 1 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