UA-23091472-1 Covenants | Highland Trails
These are the Covenants for Highland Trails. All buyers are required to receive and sign for a copy of these legally binding documents at the time of closing on their house. The covenants are also attached to the deed for each property in the neighborhood. A PDF of the original document is available here.

AFTER RECORDING, RETURN TO:
Lovell-Sauerland & Associates, Inc.
19400 - 33rd Avenue West, Suite 200
Lynnwood, Washington 98038

DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS
FOR RHOD-A-ZALEA GARDENS

This declaration, made on the date hereinafter set forth by RHOD-A-ZALEA GARDENS Joint Venture, a Washington General Partnership hereinafter referred to as “Declarant”.

WITNESSETH

WHEREAS, Declarant is the owner in fee of the PLAT OF RHOD-A-ZALEA GARDENS, an addition to Snohomish County, Washington, as recorded in Volume 57 of Plats, pages63-71 records of Snohomish County, as described in instrument recorded under Auditor’s File No. 940713500.2

AND WHEREAS, Declarant will convoy said properties, subject to certain protective covenants, conditions, restrictions, reservation, liens and charge, as hereinafter set forth;

NOW, THEREFORE, Declarant hereby declares that all of the properties described above shell be held, sold and conveyed subject to the following easements, restrictions, covenants and condition, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of the real property.

These easement, covenants, restriction, and conditions shall run with the real property and shall be binding on all parties having or acquiring any right, title or interest in the described properties or any part thereof, and shall inure to the benefit of each owner thereof.

ARTICLE I
DEFINITIONS

Section 1.1 “Association” shall mean and refer to RHOD-A-ZALEA GARDENS HOMEOWNERS ASSOCIATION, its successors and assigns.

Section 1.2 “Properties” shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.

Section 1.3 “Common Area” shall mean all real property owned by the Association for the common use and enjoyment of members of the Association.

Section 1.4 “Lot” Shall mean end refer to any plot of land shown upon any recorded subdivision map or maps of the properties with the exception of the Common Areas contained therein.

Section 1.5 “Member” shall mean and refer to every person or entity who holds membership in the Association.

Section 1.6 “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, except that purchasers under a real estate contract shall be deemed the “owner’, as against the contract seller. Those having an interest merely as security for the performance of an obligation shell not be deemed an owner’ as herein provided.

Section 1.7 “Declarant” shall mean and refer to RHOD-A-ZALEA GARDENS Joint Venture Its successors and assigns.

Section 1.8 ‘General Plan” as approved by the County of Snohomish shall mean the preliminary end final plot for the properties and contain: (a) the approximate size and location of common properties; (b) the general nature of common facilities and improvements.

ARTICLE II
ANNEXATION OF ADDITIONAL PROPERTIES

Section 2.1 Annexation of additional property, other than that included in the General Plan referred to in Section 1.8 above, when requested by the owner or owners of such additional property shall require the assent of two-thirds (2/3) of the members at a meeting duly called for the purpose, written notice of which shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting, setting forth the purpose of the meeting. The presence of members or of proxies entitled to cause sixty percent (60%) of votes of the membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth above, and the required quorum at such subsequent meeting shall be one-half (1/2) of the required quorum for the preceding meeting; provided, however, the minimum quorum shall be twenty-five percent (25%) of the votes of the membership. No such subsequent meeting shall be held more than 60 days following the preceding meeting. In the event that two-thirds (2/3) of the membership are not present in person or by proxy, members not present may give their written assent to the action taken thereat.

ARTICLE III
MEMBERSHIP

Section 3.1 Every person or entity who is an “owner” of record of any lot which is subject by covenants of record to assessment by the Association, shall be a member of the Association. The foregoing is not intended to include persons or entitles who hold an interest merely as security for the performance of an obligation. No owner shall have more then one membership for a particular lot. Membership shall be appurtenant to and may not be separated from ownership of any lot which is subject to assessment by the Association. Ownership of such lot shall be the sole qualification for membership.

ARTICLE IV
VOTING RIGHTS

Section 4.1 Each member shall have one vote for each lot owned whether improved or not. When more than one person holds such Interest In any lot, all such persons shall be members. The vote for such lot shall be exercised as they among themselves determine, but in no event shall more than one vote be case with respect to any lot.

ARTICLE V
PROPERTY RIGHTS

Section 5.1 Member’s Easement of Enjoyment, Every member shall have a nonexclusive right and easement of enjoyment in and to the Common Area and such easement shall be appurtenant to and shall pass with title to every assessed lot, subject to the following provisions:

(a) the right of the Association to limit the number of guests of members;

(b) the right of the Association to charge reasonable admissions end other fees for the use of any recreational facility situated upon the Common Areas:

(c) the right of the Association to borrow money for the purpose of Improving the Common Areas and facilities and In aid thereof convey a security interest In said property, and the rights of such security holder in sold properties shall be subordinate to the rights of the homeowners hereunder;

(d) the right of the Association to suspend the voting rights and right to use of the recreational facilities by a member for any period during such times any assessment against his/her Lot remains unpaid: and for a period not to exceed 180 days for an infraction of Its published rules and regulations;

(e) the right of the Association to dedicate or transfer all or any part of the Common areas to any public agency, authority or utility for such purposes end subject to such conditions a. may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument signed by members entitled to cast two-thirds (2/3) of the votes of the membership has been recorded, agreeing to such dedication or transfer, and unlearn written notice of the proposed action Is sent to every member not less than 30 days nor more than 60 days in advance.

(f) the right of members from subsequent divisions of Rhod-A-Zalea Gardens, when developed, to use and enjoy the same common areas consistent with the right and responsibilities set forth herein.

Section 5.2 Title to the Common Areas. The Declarant hereby covenants for itself its heirs and assigns, that it will convey fee simple title to the Association subject to encumbrances find liens arising by virtue of development of the property as well as easements for utilities including maintenance thereof and the right of the public to make necessary slopes for cuts or fills in the reasonable original grading of public ways dedicated in the plot.

ARTICLE VI
COVENANT FOR MAINTENANCE ASSESSMENTS

Section 6.1 Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Properties hereby covenants, and each Owner of any Lot by acceptance of a deed thereof, whether or not It shall be so expressed In any such deed or other conveyance, is deemed to covenant and agree to pay to the Association; (a) annual assessments or charges, and (b) special assessments for capital Improvements, as hereinafter provided. The annual and special assessments, together with such Interest thereon and costs of collection thereof, Including reasonable attorney fees and costs, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with much interest, costs and reasonable attorney’s fees shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation shall not pass to his successors in title unless expressly assumed by them.

Subsequent divisions of RHOD-A-ZALEA GARDENS shall not be subject to assessment until after the final plot(s) therefore is recorded.

Section 6.2 Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents in the properties and in particular I or the improvement and maintenance of the Properties, services and facilities devoted to this purpose and related to the use and enjoyment of the Common Areas and of the homes situated upon the properties.

Section 6.3 Maintenance Charges. The Board of Directors of the Association shall have the right and power to subject the property situated In the p1st of Rhod-A-Zalea Gardens, except the common area, to a monthly, quarterly or annual maintenance charge. At the discretion of the Board of Directors of the Association, the maintenance charge may be aggregated and billed annually or for any portions of a year. Commencing on August 15, 1994, the maximum annual assessment on all lots shall be *200.00 per lots On the same day of each year thereafter, each owner of property In Rhod-A-Zalea Gardens, other than the Declarant, shall pay to the Association, in advance, the maintenance charge against this property, and such payments shall be used by the Association am hereinafter stated. The charge will be delinquent when not paid within thirty (30) days after it become due. In the event that an owner acquires title to property in Rhod-A-Zalea Gardens after the annual due date for the maintenance charge, then such owner shall be given a pro rats credit for the annual maintenance charge from the due date to the date on which maid owner acquires title, or becomes a contract purchaser.

The annual charge may be Increased or decreased from year to year by the Board of Directors as the needs of the property in its judgment may require, but In no event shall the increase in any year exceed twenty-five percent (25%) of the prior year’s assessment.

Section 6.4 Uses of the Maintenance Fund. The Maintenance Fund may be used:

To pay real property taxes and insurance for the Common Area and for lighting, improving and maintaining the streets and dedicator right-of-way areas maintained for the general use of the owners and occupants of land Included in Rhod-A-Zalea Gardens, including all divisions thereof:

For employing policemen and watchmen;
For initiating actions to enforce the covenants, restrictions or other regulations, including retaining counsel;
For establishing and maintaining any park or recreational facilities on the Common Area of Rhod-A-Zalea Gardens; including .11 divisions thereof;

For maintaining the drainage facilities located within the common areas, maintained for the general use of the owners and occupants of land Included in Rhod-A-Zalea Gardens, including all divisions thereof; and,

For doing any other thing necessary or desirable, in the opinion of the Board of Directors of the Association, to keep the property neat and in good order, and to eliminate fire hazards, or which in the opinion of the Board of Directors may be of general benefit to the owners or occupants of the land included in Rhod-A-Zalea Gardens

Section 6.5 Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy in any assessment year, a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Areas, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of the members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting for the purpose of the meeting.

Section 6.6 Effect of Nonpavment of Assessment and Special Assessments for Capital Improvements: Remedies of the Association. The Association shall have a lien on all the lots in Rhod-A-Zalea Gardens to secure the payment of maintenance charges due and to become due, and the record owners of such lots shall be personally liable for all maintenance charges. The Association may bring an action at law against the Owner personally obligated to pay the same, including the cost of foreclosing the lien against the property, plus interest, costs end reasonable attorney’s fee of any such action. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Areas or abandonment of him/her Lot.

Upon demand, the Association shall furnish to any owner or mortgagor or other interested person a certificate showing the unpaid maintenance charges against any lot or lots.

Section 6.7 Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all lots and may be collected on a monthly basis.

Section 6.8 Quorum for Any Action Authorized Under Section 5. At the first meeting called to take an action, as provided in Section 5 hereof, the presence at the meeting of members or proxies entitled to cause sixty percent (60%) of all votes of the membership shall constitute a quorum. If the required quorum is not forthcoming at such first meeting, another meeting may be called, subject to the notice requirement set forth in Section 5 and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the meeting; provided, however, the required quorum shell not be less than twenty five percent (25%) of all votes of this membership. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.

Section 6.9 Date of Commencement of Annual Assessments: Due Date. The annual assessments provided for herein snail commence as to all Lots on the first day of the month following the conveyance of the Common Area to the Association. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Trustees shall fix the amount of the annual assessment. The Association shall upon demand at any time furnish a certificate in writing signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made by the Board for issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid.

Section 6.10 Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage, mortgages or deed of trust, and the Association will, upon demand, execute a written subordination in accordance with this paragraph. Sale or transfer of any Lot shell not affect the assessment lien. However, the sale or transfer of any Lot which is subject to any mortgage or deed of trust, pursuant to a decree of foreclosure under such mortgage or any proceeding in lieu of foreclosure thereof, or trust deed or sale under deed of trust, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.

Section 6.11 Exempt Property. The following property subject to this Declaration shall be exempt from the assessments created herein; (a) all properties dedicated to and accepted by a local public authority; (b) the Common Areas.

ARTICLE VII
ARCHITECTURAL CONTROL

Section 7.1 Before any building is erected, placed or altered upon any lot, notice of intent to build or locate such structure shall be filed with the ARCHITECTURAL CONTROL COMMITTEE. The ARCHITECTURAL CONTROL COMMITTEE within five days from receipt of such notice, may require the submission by the applicant or owner of the construction plans and specifications and a plan showing the location of the structure. In the event of such requirement, no building shall be erected placed or altered upon any lot until such plans have been approved by the ARCHITECTURAL CONTROL COMMITTEE as to quality of workmanship and materials, harmony of external design with existing structures and as to location with respect to topography and finished grade elevation.

Section 7.2 A11 dwelling roofing material shall be of a consistent color, and shell be a laminate, 25 year, composition type material.

Section 7.3 A11 dwelling exterior colors shall be controlled through architectural approval by the ARCHITECTURAL CONTROL COMMITTEE.

Section 7.4 All dwelling siding material shall be a horizontal lap siding, or vertical channel siding. Brick may be used at the discretion of the builder. No T-111 or vertical L.P. panels shall be allowed.

Section 7.5 All dwelling unite shall conform to the following minimum aqua, a footages:
A. Rambler (single story) 1,400 s.f.
B. Two-story (total) 1,600 s.f.
C. Mid-Entry (main floor) 1,100 s.f.
D. Tri-Level (total) 1,600 s.f.

The square footages are exclusive of garage areas.

Section 7.6 All front yards of each dwelling unit shall be landscaped, including sodding of planter strips and planting of a minimum of one Street tree within the planter area, or adjacent to the street frontage of each lot. Such street trees shall be of the same species and caliper as the existing planted street trees.

Section 7.7 No fence or wall shall be permitted between the front portion of the house and the roadway right-of-way, except that decorative fences having a height not exceeding three feet may be constructed in said areas. All fences in the front and/or back yard shall be of a wood material. The decision of the ARCHITECTURAL CONTROL COMMITTEE shall be final and binding upon all parties. Approval shall be as provided in the paragraphs next below.

Section 7.8 The ARCHITECTURAL CONTROL COMMITTEE shall be composed of one party of RHOD-A-ZALEA GARDENS JOINT VENTURE, presently located at 19400- 33rd Avenue West, Suite 200, Lynnwood, Washington, 98036, and one appointed builder, building with the subdivision. At such time as all of the lots in the land covered by this declaration of restrictive covenants have been sold by said RHOO-A-ZALEA GARDENS JOINT VENTURE, then the responsibility of RHOD-M-ZALEA GARDENS JOINT VENTURE, as the ARCHITECTURAL CONTROL COMMITTEE, shall cease and the then record owners of a majority of the lots shall, through a duly recorded Instrument, reconstitute the membership of said committee.

Section 7.9 The ARCHITECTURAL CONTROL COMMITTEE shall act within fifteen (15) days of the date all plans and documents requested have been submitted to the committee. If the committee fails to act within such time period, its consent shall be deemed to have been given.

ARTICLE VIII
USE RESTRICTIONS

Section 8.1 The area covered by these covenants is the entire area described above.

Section 8.2 No lot shall be used except for residential purposes. No building shall be erected, placed or permitted to remain on any lot other than one detached single-family dwelling with a minimum double attached garage.

Section 8.3 Easements for installation and maintenance of utilities and drainage facilities are reserved as shown in the recorded plat. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with maintenance of utilities, or which may change the direction of flow of drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvement for which a public authority or utility company is responsible.

Section 8.4 No noxious or offensive activity shall be carried on upon any lot nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.

Section 8.5 No structure of a temporary character, trailer, basement, shack, garage, barn or any other outbuilding shall be used on any lot at any time as a residence, either temporarily or permanently.

Section 8.6 No goods, equipment or vehicle (including busses or trailers of any description) shall be dismantled or repaired outside any building or residential lot.

Section 8.7 The land owners at no time shall keep or permit to be kept on their premises or street area any house trailers, trucks (excluding pick-up trucks of one tone or less), campers, mobile homes, boats or boat trailers, unless housed within a garage or suitably screened from view from the streets, except with the approval of the ARCHITECTURAL CONTROL COMMITTEE.

Section 8.8 No visible radio or television antenna shall be permitted without the written approval of the ARCHITECTURAL CONTROL COMMITTEE. All exposed fireplaces shall be of brick or quarry stone material or the same as the exterior and specifically not cement block.

Section 8.9 Any dwelling or structure erected or placed on any lot in this subdivision shall be completed as to external appearance, including finish painting and front yard landscaped, within nine months from date of start of construction.

Section 8.10 No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more then one square foot, one sign of not more than five square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period.

Section 8.11. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot except that dogs, cats or other household pets may be kept; PROVIDED, they are not kept, bred or maintained for any commercial purpose.

Section 8.12 No Lot or Common Area shall be used or maintained as a dumping ground for rubbish, debris, salvage, garbage, trash, equipment, cars, vehicles or other waste; trash, garbage or other waste shall not be kept except in sanitary containers. No yard raking such as rocks, roots, dead grass and other materials accumulated as a result of landscaping shall be dumped on any Common Area, other Lot or street. The proper removal and disposal of all such materials shall be the sole responsibility of individual lot owners. The Association, through the Board of Trustees, shall have the power to assess any lot owner responsible for abusing said Common Areas as stated above by disposing such said materials or damaging any vegetation. The Board of Directors may have any of the above stated infractions repaired, replaced end/or removed as it sees fit.

Section 8.13 Tracts 992, 993. 994, 995, 998, 997, 998 and 999 as depicted on the Final Plat for Rhod-A-Zalea Gardens Division I are established as Common Areas, intended for the Homeowners in the plat of Rhod-A-Zalea Gardens, including all divisions thereof;

Section 8.14 All Native Growth Protection Areas as depicted on the Final Plat of Rhod-A-¬Zalea Gardens Division I shall be left in a substantially natural state. No clearing, grading, filling, building construction or placement, fence construction, or road construction of any kind shall occur within these areas; provided that underground utility lines and drainage discharge swales may cross such areas utilizing the shortest alignment possible if and only if no feasible alignment is available which would avoid such a crossing; and provided further that disturbance necessary for road construction of the plat interior road and frontage improvements may be permitted subject to appropriate revegetation as required in the clearing plan. Removal of vegetation by the property owner shall be limited to that which is dead, diseased or hazardous. No adjustment to the boundary of any such area shall occur unless first approved through the formal replat process.

Section 8.15 Tracts 500 501, 502, 503 and 504 as depicted on the Final Plat for Rhod-¬A-Zalea Gardens Division I are established as Common Area Drainage Facility Tracts, Intended for the Homeowners in the Plat of Rhod-A-Zalea Gardens, including a1l divisions thereof; Maintenance of these drainage facilities shall be in accordance with the hereinafter described Article IX.

Section 8.16 After construction is completed and landscaped installed, the removal of trees on individual lots shall be limited to the area in which the buildings, patios and driveways are to be constructed. Any other removal of trees must first have the approval of the ARCHITECTURAL CONTROL COMMITTEE.

Section 8.17 No oil drilling, oil development operation, oil refining, quarrying or mining operations of any kind shell be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot.

Section 8.18. The Association, or any Owner, shall have the right to enforce, by end proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charge now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restrictions, herein contained shall in no event be deemed a waiver of the right to do so thereafter. The costs of any enforcement actions initiated in a court of competent jurisdiction shall be awarded to the prevailing party.

Section 8.19 Invalidation of any one of these covenants by judgement or court order shall in no way affect any of the other provisions which shall remain in full force and effect.

Section 8.20 The covenants and restrictions of this Declaration shall run with and bind the land and shall inure to the benefit of and be enforceable by the Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of twenty (20) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years. The Covenants and restrictions of this Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than eighty percent (80%) of the Lot Owners, and thereafter by an instrument signed by not less than seventy percent (70%) of the Lot Owners. Any amendment must be properly recorded.

ARTICLE IX
COMMON AREA MAINTENANCE

Section 9.1 The Association through the Board of Directors shall maintain all median stripe and roadway planting areas and shall preserve and maintain all Common Areas in the natural setting and in close conformity to the condition at the time Declarant conveyed the same to the Association.

Section 9.2 Maintenance and Inspections of Ponds (not less than once per year);

(a) Trash and debris should be removed so there is no visual evidence of dumping. Natural debris from native growth areas of ponds should be removed as required to prevent it from floating to a position to block the outlet.

(b) Vegetation which constitutes a hazard to maintenance personnel or the general public should be removed. This would include plants such as poison oak, nettles, devils club. Also remove invasive vegetation such as blackberries where it interferes with maintenance activities.

(c) Petroleum products such as oil, gasoline, and diesel fuel, as well as paint, chemical products, cleaning products or other pollutants should be cleaned at the point and time of spillage. This does not include oil film on driving surfaces resulting from normal vehicle operations.

(d) Vegetation in grass-lined swales and ponds should not be allowed to grow longer than 18-inches and should be mowed to about a two-inch height when mowed. Mowed vegetation removed from biofiltration facility should be disposed of as solid waste rather than composted.

(e) Berm integrity is critical to the continued safe operation of the detention ponds. Berms shall be inspected for rodent holes, erosion, damage to emergency spillway, and settlement. Berms should be inspected for animal activity, and if there is evidence of holes, the animals removed and the holes repaired. Erosion of side slopes to a depth of more than 2 inches, settlement of the berm crest more than 4 inches or significant loss of spillway rock require repair.

(f) The accumulation of sediment to a depth of greater than 9 Inches in any portion of the detention pond indicates removal is required.

Section 9.3 Pond Water Control Structures (not less than once per year)

(a) If the accumulation of trash, debris and sediment is within 1-1/2 feet of the elevation of the lowest orifice, all debris should be removed from the structure. All orifice, trashracks and intakes should be free of debris. Trashracks that are more than 20 percent obstructed should be cleaned.

(b) Inspect the structure for water tightness of connections and rust damage. All components should be securely attached. Structure should be generally plumb and not showing signs of settlement. Loose connections, severe rust, or displacement more than 10% from vertical requires corrective action.

(c) Cleanout gates should be operable by one person from the top of the control structure, and should seal tightly when closed. The gate should be repaired or replaced if it does not operate easily, is rusted over more than 50 percent of its surface, if it leaks or if the lifting rod is missing.

(d) Orifice and weir assemblies should be complete and undamaged. If not, they should be repaired or replaced. Check that ladder rungs are secure.

(e) If the accumulation of trash, debris end sediment and other fills the basin to less than 6 Inches below foreign material the lowest pipe invert or is obstructing flows in any way, the basin should be cleaned. Any chemical substances or dead animal carcasses should be removed immediately.

(f) Crack. In the concrete greater than 1/2 inch in or top grate thickness, and longer than 3 feet require repair. Broken or damaged grates which constitute a safety hazard should be replaced.

Section 9.4 Pipes and Swales (not less than once per year)

(a) Repair or replace any situation where more than 20 percent of the area of a pipe or depth of a swale or ditch is blocked. This would include accumulation of sediments, debris obstructions at pipe entrances, dents to pipes, and growth of excessive vegetation in the swab or at the pipe ends. During cleaning, care should be taken to prevent sediments from washing downstream.

(b) Erosion of more than 2 inches of earth at intakes, outfall, and in swales shall be repaired and protected by vegetation or riprap.

(c) Riprap protection at outfall, shall be inspected, and if excessive settlement or displacement of rock occurs, additional rock shall be added.

(d) Any access road, including access ramps into ponds shall be kept in a condition to allow maintenance, equipment to enter unimpeded during wet weather. Debris, major potholes, tail vegetation, and muddy areas shall be eliminated as they occur.

IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this 8th day of June, 1994.

DECLARANT:

RHOD-A-ZALEA GARDENS JOINT VENTURE

THE ECHELBARGER COMPANY, INC., Partner

By: _______(SIGNATURE ON ORIGINAL)________
Patrick T. Echelbarger, President

LOVELL-SAUERLA & ASSOCIATES, INC., Partner

By: _______(SIGNATURE ON ORIGINAL)_________
Jurgen P. Sauerland, President










STATE OF WASHINGTON )
)SS.
COUNTY OF SNOHOMISH )

This is to certify that on thls.8th.day of June, 1994, before me personally appeared Patrick T. Echelbarger, to me known to be the President of The Echelbarger Company, Inc., the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed for the uses and purposes therein mentioned, and on oath further stated that said corporation is a partner of Rhod-A-Zalea Gardens Joint Venture, and that said corporation was authorized to execute the said instrument on behalf of said partnership, and that said instrument was the free and voluntary act and deed of said partnership, for the purposes therein mentioned.

Witness my hand and official seal hereto affixed the day and year first above written.

(SIGNATURE ON ORIGINAL)
(SIGNATURE ON ORIGINAL)
Notary Public in and for the state of
Washington, residing _Edmonds__
My commission expires: Nov. 95


STATE OF WASHINGTON )
)SS.
COUNTY OF SNOHOMISH )

This is to certify that on this 8th day of June, 1994, before me personally appeared Jurgen P. Sauerland, to me known to be the President of Lovell-Sauerland & Associates, Inc., the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed for the uses and purposes therein mentioned, and on oath further stated that said corporation is a partner of Rhod-A-Zalea Gardens Joint Venture, and that said corporation was authorized to execute the said instrument an behalf of said partnership, and that sold instrument was the free and voluntary act and deed of said partnership, for the purposes therein mentioned.

Witness my hand and official seal hereto affixed the day and year first above written.

(SIGNATURE ON ORIGINAL)
(SIGNATURE ON ORIGINAL)
Notary Public in and for the state of
Washington, residing _Edmonds__
My commission expires: Nov. 95