Amended and Restated Declaration of Protective Convenants and Restrictions

After Recording Return to:
BURLEIGH LAW, PLLC
3202 Harborview Drive, Ste 201 Gig Harbor, WA 98335

Document Title:   Amended and Restated Sammamish Heights
Declaration of Protective Covenants and Restrictions

Reference Numbers of Related Documents:     7311260358 (Declaration of Protective Covenants and Restrictions)

Grantor(s:)

Sammamish Heights Owners Association

Grantee(s):

Sammamish Heights Owners Association

Legal Description (abbreviated):

Lots 1-55, Sammamish Heights Addition according to plat recorded in Volume 81 of plats pages 81 through 82, records of King County.

Parcel Nos:

7525300010 through 7525300550

Pursuant to RCW 64.38, the Washington Homeowners’ Associations Act, THE SAMMAMISH HEIGHTS OWNERS ASSOCIATION, a Washington non-profit corporation (“Association”), hereby submits this Amended and Restated Declaration of Protective Covenants and Restrictions (“Declaration”).  This Declaration is intended to amend in its entirety and supersede that certain Declaration originally recorded under King County Auditor’s File No. 7311260358 and any amendments thereto.  This Declaration shall run with the land and bind all current and subsequent Owners of the Property or any Lot, together with their grantees, successors, heirs, executors, administrators, devisees or assigns. Any conveyance, transfer, sale, assignment, lease or sublease of a Lot, shall and hereby is deemed to incorporate by reference all provisions of this Declaration.  The provisions of this Declaration shall be enforceable by the Association and any Lot Owner.

We, the undersigned Owners of the real property described in this Declaration, represent no less than a majority of the votes in the Sammamish Heights Owners Association and, having reviewed the below, do hereby confirm our approval and desire to amend and restate the Declaration for Sammamish Heights Owners Association as follows:

Article 1. GENERAL PROVISIONS

In the event of the violation or breach or attempted violation or breach of any of these covenants, restrictions, limitations, conditions or agreements by any person or concern claiming by, through or under the undersigned or by virtue of any judicial proceedings, the Sammamish Heights Owners Association, the Executive Board, the Owners of any lot or residential site in the plat, or any of them, jointly or separately, shall have the right to proceed at law or in equity to compel compliance with the terms hereof or to prevent such violation or breach.  In addition to the foregoing right, the Executive Board or its nominee shall have the right whenever there shall have been built on any lot in the plat any structure which is in violation of these restrictions, to enter upon the property where such violation exists and summarily abate the same at the expense of the owner, who on demand, shall reimburse the Association for the cost thereof; no such entry, abatement or removal shall be deemed a trespass.

The undersigned shall not be obligated to enforce any of the terms of this agreement and all instruments of conveyance executed by the undersigned with respect to any residential lot shall be deemed subject to the covenants as herein set forth, and the undersigned shall not become or be liable for breach of said covenants by any other than itself.

Every person who by deed becomes a grantee of the said property or by contract agrees to purchase or lease any of said property shall be deemed to have made and accepted such deed, contract or lease, subject to all restrictions, conditions, covenants and reservations herein stated; and their respective heirs, executors, administrators, representatives, successors and assignees shall be bound by all of the provisions of this instrument to the full and same extent as the original grantee, purchaser or lessee.

Article 2. MANAGEMENT OF THE ASSOCIATION

The Owners covenant and agree the administration of the Sammamish Heights Owners Association shall be in accordance with the provisions of this Declaration and the Bylaws of the Association which are made a part hereof. Administrative power and authority shall be vested in the Executive Board.

On behalf of and acting for the Association, the Executive Board, for the benefit of the Property and the Owners, shall have all powers and authority permitted to the Board under applicable Washington laws and this Declaration.

When and to the extent it deems advisable, the Executive Board may adopt reasonable rules and regulations governing matters of mutual concern to the Owners, which rules and regulations are not inconsistent with this Declaration and the Bylaws and which treat all Owners fairly and in a nondiscriminatory manner.

In addition to the duties and powers of the Association, as specified herein and elsewhere in this Declaration, but subject to the provisions of this Declaration, the Association, acting through its Board, shall have the power to do all other things which may be deemed reasonably necessary to carry out its duties and the purpose of this Declaration.

Every Lot Owner shall be a member of the Sammamish Heights Owners Association.  Members shall be entitled to one vote for each Lot in which they hold the interest required for membership.  If more than one person holds such interest or interests, all such persons shall be members but the vote for each Lot shall be exercised as the persons holding such interest shall determine between themselves, provided that in no event shall more than one vote per Lot be permitted.

Article 3.  ASSESSMENTS

Each Owner of a Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association any Assessment duly levied by the Association as provided herein.  The share of each such Assessment, together with interest, costs, late charges and reasonable attorney’s fees, shall be an automatic and continuing lien upon the Lot against which each such Assessment is made and shall also be the personal obligation of the person who was the Owner of such Lot at the time when the Assessment fell due.  The personal obligation for delinquent Assessments shall not pass to his successor in title unless a lien for such delinquent Assessments had been properly recorded prior to title transfer or unless expressly assumed by that party. When ownership of a Lot changes Assessments which have been established for the current fiscal year shall be prorated between the buyer and seller based on a 365 day year.

Any Assessments which may be levied from time to time pursuant to the authority of the Board shall be established in accordance with this Article 3. The Board shall levy the Assessment against each Owner, with each who is the owner of a Lot jointly and severally liable for the Assessment.  No Owner may exempt himself or herself from liability for Assessments by abandoning his or her Lot.

The Board shall prepare, or cause the preparation of, an operating budget for the Association at least annually.  The operating budget shall set forth sums required by the Association, as estimated by the Board, to pay the expected Common Expenses of the Association for the next year.  The budget shall be subject to ratification of the Owners to the extent required by law or this Declaration.  Assessments shall be allocated prorata among the Owners based on the number of Lots owned.

Within 30 days after adoption of any budget, supplemental budget or special Assessment by the Board that results in a change in Assessments, the Board shall provide a summary of the budget to all the Owners and shall set a date for a meeting of the Owners to consider ratification of the budget or special Assessment not less than 14 nor more than 60 days after mailing of the summary. Unless at that meeting the Owners to which a majority of the votes in the Association are allocated reject the budget, the budget or special Assessment is ratified, whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given, the budget last ratified by the Owners shall be continued until such time as the Owners ratify a subsequent budget proposed by the Board.

In order to meet the costs and expenses projected in its operating budget, the Board shall determine and levy a general Assessment on each Owner, allocated among the Owners and subject to ratification by the Owners as provided herein.

The Board shall make reasonable efforts to determine the amount of the general Assessment payable by each Owner for the Assessment period and hold the ratification meeting of the Owners, if required, before the beginning of the period. Notice of the general Assessment shall be sent to each Owner subject to Assessment; provided, however, that failure to notify an Owner of the amount of an Assessment shall not render the Assessment invalid. Any failure by the Board, before the expiration of any Assessment period, to fix the amount of the general Assessment hereunder for the next period, shall not be deemed a waiver or modification in any respect of the provisions of this Article or a release of any Owner from the obligation to pay the general Assessment, or any installment thereof, for that or any subsequent Assessment period.

In addition to the general Assessments authorized above, the Association may levy a special Assessment at any time against the Owners for the purpose of paying, in whole or in part, unexpected costs not anticipated in the budget. The special Assessment shall be subject to ratification by the Owners as provided herein and shall be allocated among the Owners in the same manner as the general Assessment.

Assessments shall be payable annually in any periodic installments or manner the Board shall designate.  For any Assessment or installment thereof which remains unpaid for at least 90 days after the due date thereof the Board may assess a late charge in an amount not exceeding 25% of any unpaid Assessment.

Any Assessments collected by the Association shall be deposited in one or more federally insured institutional depository accounts established by the Board. The Board shall have exclusive control of such accounts and shall maintain accurate records thereof. No withdrawal shall be made from said accounts except to pay for charges and expenses authorized by this Declaration.

The Board shall prepare or cause to be prepared for any fiscal year in which the Association levies or collects any Assessments, a balance sheet and an operating (income/expense) statement for the Association. The Board shall cause detailed and accurate records of the receipts and expenditures of the Association to be kept specifying and itemizing the maintenance, operating, and any other expense incurred. Such records, copies of this Declaration, the Articles and the Bylaws, and any resolutions authorizing expenditures of Association funds shall be available for examination by any Owner at convenient weekday hours.

Article 4.  ARCHITECTURAL COMMITTEE

An Architectural Committee may be formed and maintained, with membership consisting of (3) residents of Sammamish Heights to be elected by the general membership of the Sammamish Heights Owners Association. In the case of death, disability or resignation of any member or members of said Committee, the Association shall have full authority to elect a successor to fulfill the term of office.  Said Committee or its designated representative shall act without compensation or liability for enforcement of its decision. In lieu of an Architectural Committee, the President may form special committees to address architectural issues or assign the Executive Board to address such issues.

Any decision of the Executive Board or, if formed, the Architectural Committee, may be appealed to the general membership of the Sammamish Heights Owners Association for a majority vote ruling.  In the event said Committee or its designated representative fails to approve or disapprove such design and location within ten (10) days after said plans and specifications have been submitted to it, such approval will not be required.

Article 5.  APPROVAL OF PLANS BY EXECUTIVE BOARD OR ARCHITECTURAL COMMITTEE

No building shall be erected, placed or altered on any residential lot until the building plans, specifications and plot plans showing the location of such building have been approved in writing by the Executive Board or, if formed, the Architectural Committee (the “Committee”), as to conformity and harmony of the external design with existing structures on the said residential lots, and as to location of the building with respect to topography, finish grade elevation and building set back restriction and drainage.

Complete plans and specifications of all proposed buildings, structures and exterior alterations together with detailed plans showing the proposed locations of the same in the particular building site, shall be submitted to the Committee before construction or alteration is started, and such construction or alteration shall not be started until written approval thereof is given by the Committee.  One complete set of plans and specifications for approval by the Committee must be submitted at least thirty (30) days prior to the construction starting date.

In the consideration of plans, the Committee will consider the height of a building or structure and the possibility that it would unduly interfere with the view of enjoyment of any other lot in the plat. The Committee will also consider the cost of new dwelling houses in relationship to others in the area and the ground floor area of the main structure in relation to other houses in the area with a view toward maintaining the overall harmony and appeal of Sammamish Heights.

No Improvement of any kind that may impact views of other residents in Sammamish Heights, including but not limited to any building, home, dwelling, residence, carport, garage, outbuilding, fence, wall, rockery, landscape device or object, swimming pool, hot tub or spa, including coverings for same, gazebo or decorative building may be constructed, erected, altered, modified or allowed to remain on any Lot unless the Owner of the Lot has received prior Committee approval.

Article 6.  BUILDING RESTRICTIONS

All lots described herein shall be known and described as residential lots.  No structure shall be erected, altered, placed, or permitted to remain on any residential lot except a single detached dwelling house and one (1) private garage for not less than two (2) cars in architecture harmonious with the dwelling.

Article 7.  BUILDING LIMITS

No dwelling or garage or any part thereof, or other structure (exclusive of fences and similar structures) other than those existing at the time this Declaration is signed, shall be placed on any lot nearer than twenty (20) feet to the front lot line, nor nearer than five (5) feet to any side lot line, and no dwelling shall be nearer than twenty (20) feet to any rear lot line except upon approval of the Executive Board or, if formed, the Architectural Committee as set forth in this Declaration.  In the case of corner lots, the front yard set-back shall be a minimum of twenty (20) feet and the adjoining exterior (street) lot line set-back shall be a minimum of fifteen (15) feet.

No lines or wires for the transmission of current or for telephone use shall be constructed, placed or permitted to be placed upon any residential lot outside the buildings thereon unless the same shall be underground or in conduit attached to a building.  Radio or television antennas, satellite dishes, or other appliances 39 inches or less in diameter may be installed without prior notice to the Board, so long as the installation is in accordance with the provisions of this Declaration.  Installation of all other such devices or any installation which does not comply with this Declaration requires prior Board approval.

No new building shall be erected or placed or an existing building be altered to exceed the elevation view lines of the current building, and as to not introduce new obstruction to views of other residences within the Sammamish Heights Addition.

Article 8. EXECUTION OF CONSTRUCTION WORK

Any dwelling or structure erected or placed on any residential lot in this subdivision, and any major landscaping project, shall be completed as to external appearance within eight (8) months after date of the commencement of construction and shall be connected to the municipal sewer.

All yards and landscaping must be commenced within six (6) months from the date of the sale of the residence constructed thereon.  Commencement of landscaping is herein defined as at least providing adequate ground cover (i.e., bark, grass, etc.) for weed and erosion control, except that buildings or structures which are built for purposes of immediate sale must have their yards barked within six (6) months following the completion of construction.  In the event of undue hardship due to unforeseen conditions or acts of God, the requirements of this Article may be waived upon written approval of the Executive Board or, if formed, the Architectural Committee.

Article 9.  DRAINAGE

No owner or occupant shall change or alter the flow of drainage waters as established along the streets.  All building structures shall have drain tile around their base in conformity with the King County code.  No structure’s drain tile shall be drained upon or to another lot unless there is a common drain of the two lots to a street or otherwise practical run-off for the properties.  Also, any downspout(s) shall not be left to run off onto another property which would cause the washing away of soil.  In instances where one property has a bank coming down to a lower elevation property, whether it be to the side or back, the lower elevation property owner shall provide a retaining wall suitable to keep the bank from washing away.

Article 10.  NOXIOUS USE OF PROPERTY

No noxious, illegal, or offensive use of property shall be carried on upon any lot, nor shall anything be done thereon which may be, or become, an annoyance or nuisance to the neighbors.

No trash, garbage, ashes or other refuse, junk vehicles, underbrush, or other unsightly growths or objects, shall be thrown, dumped or allowed to accumulate on any lot.  Garbage cans and recycling/yard waste containers shall be sufficiently screened so as to not be visible from the roadways except at appropriate and reasonable times related to the collection thereof.

No trailer, boat, camper, basement, tent, shack, garage or other out building or temporary structure erected or situated in Sammamish Heights shall, at any time, be used as a residence, temporarily or permanently, nor shall any permanent building or structure be used as a residence until it is completed as to external appearance, including finished painting.  Nor shall any trailer, tent, boat, shack or other outbuilding be kept or maintained on any of the vacant lots, whether used as a residence or not.  The streets in front of lots shall not be used for the overnight parking of any vehicle other than those belonging to overnight guests.

Article 11.  OCCUPANCY & USE

All lots within Sammamish Heights shall be used for private single-family residential purposes and not for business or commercial purposes.  The conduct or carrying on of any manufacturing, trade, business commerce, industry, profession, commercial activity or other occupation whatsoever including, but not limited to, commercial schools, child care nurseries, or commercial housing for senior citizens, upon any Lot is prohibited by this Declaration.  Provided, however, a member may utilize the dwelling for home business activities that do not involve permanent signs or temporary signs displayed for more than 5 days in a 60 day period, retail sales, customer traffic, clients or non-resident employees or other activities that would detract from the residential character of the property or contribute to additional wear and tear on the Association’s common property. A member may rent or lease his/her home to a non-member with both the Owner and the tenant being subject to the provisions of this Declaration.

With respect to the renting, leasing or creation of any kind of tenancy of a home in Sammamish Heights, Owners shall be prohibited from leasing or renting for a term less than thirty (30) days.  Within ten (10) days of entering the rental agreement the Owner shall provide the Board with the names and contact information of the tenant(s) and shall ensure the Association receives prompt notification of any changes to this information.  Owners shall remain liable for all fees, assessments, dues or other monetary responsibilities affiliated with the Lot.

Article 12. VEHICLES

No boats or trailers of any type including without limitation, “campers”, shall be stored on the property in public view.

No boat, trailer, recreational vehicle (“RV”), automobile, truck or other vehicle, or any part thereof, shall be parked or permitted to remain on any residential site unless stored in a garage, other fully enclosed space or screened from public view in accordance with the City of Bellevue “RV Storage and Screening” requirements.  Such space shall be defined as side or rear yard locations within sight obscuring screening to abutting properties and public streets. There are two exceptions to these restrictions:

(1)   Automobiles and other similar vehicles may be parked overnight in paved driveways.

(2)   RVs, boats and trailers may be parked in driveways for loading and unloading activities, not to exceed three (3) days in any two (2) week period.

Article 13.  PLANTING

No trees or plantings of any type, other than those existing at the time the restrictive covenants of Sammamish Heights were originally filed on November 26, 1973, shall be allowed to grow past a point where they interfere with the Views of another residence, as further defined by Article 16.  The Executive Board shall be the determinant whether there has been such interference.
New trees or plantings, those planted after the above-referenced date, shall not be allowed to grow to obstruct existing Views of another residence as defined in Article 16.  If a new tree or planting interferes with the Views of another residence it must be trimmed to a lower height so the resulting view restoration is sufficient to prevent the tree or planting from unnecessarily interfering with the Views of another residence.

Article 14.  ANIMALS

No animals shall be permitted on said property other than house pets.  No dog kennels shall be permitted on any of the lots in Sammamish Heights.  All animals must be controlled by owner and not be allowed to roam freely for a long duration without supervision consistent with the requirements of the City of Bellevue.  If animals become a constant nuisance to one or more neighbors, and if the owner does not respond to personal request, the complaint should be brought to the attention of the Executive Board of the Sammamish Heights Owners Association.

Article 15.  SIGNS

No sign of any kind shall be displayed to the public view on any lot, except one sign of not more than five (5) square feet advertising the property for sale and any entry signs for the Sammamish Heights Owners Association.  Owners are further permitted to a reasonable display of political yard signs before any primary or general election subject to reasonable rules which may be established by the Executive Board.

Article 16.  VIEWS

Each Owner of a Sammamish Heights Residence shall take every action necessary to preserve the Views, as defined below, which were observable above the existing View Line at time of original construction. A newly created View achieved via lawful and approved remodeling of a Residence or reorganization of the interior of the house in such a way that relocates/modifies the living space establishes a new View that is NOT protected under this guideline. Only the original View of each Residence is protected.

No new building shall be erected, placed or existing building be altered to exceed the existing View Lines of the current building, so as not to introduce or create obstructions to other homes’ Views within the Sammamish Heights community.

For the purpose of this Declaration, the following definitions apply:
a.       Views – Elements that comprise a View are Lake Sammamish, Mountains, and Horizons.
b.      Mountains – Cascade range.
c.       Horizons – the line delineating earth from sky that is at least ¼ mile away from observable home views.
d.      View Line – An imaginary line extending parallel from the uppermost roof line of all homes visible from a particular lot.

Article 17. MAINTENANCE

The Owners of lots in Sammamish Heights shall be responsible for the maintenance of their property and any area between their lot lines and the surfaced portions of the adjacent streets. All such Owners shall likewise maintain their hedges, plants, shrubs, trees and lawns in a neat and trim condition at all times and ensure that such plantings do not obstruct sightlines for drivers within the Community.  All such Owners will maintain, repair or replace fences shared between residential lots, or fencing visible from the streets within Sammamish Heights, 26th Street and West Lake Sammamish Parkway.

If any Owner fails to maintain its Lot, including landscaping, fencing and the area between the Lot and sidewalk or curb, as the case may be, the Executive Board may perform or cause to be performed any maintenance on that Lot which it reasonably determines is necessary. All costs performed or caused to be performed by the Board may be a special assessment against the Owner, and a lien against the Lot.

Article 18. INDEMNIFICATION OF BOARD MEMBERS

Each Board member, Association committee member, Association officer and their respective heirs and successors, shall be indemnified by the Association against all expenses and liabilities, including attorneys’ fees, reasonably incurred by or imposed in connection with any proceeding to which he or she may be party, or in which he or she may become involved, by reason of being or having held such position at the time such expenses or liabilities are incurred, except in such cases wherein such person is adjudged guilty of intentional misconduct, or gross negligence or a knowing violation of law in the performance of his or her duties, and except in such cases where such person has participated in a transaction from which said person will personally receive a benefit in money, property, or services to which said person is not legally entitled; provided, however, that in the event of a settlement, indemnification shall apply only when the Board approves such settlement and reimbursement as being in the best interests of the Association. Nothing contained in this Section shall, however, be deemed to obligate the Association to indemnify any Member who is or has been a Board member or officer of the Association with respect to any duties or obligations assumed or liabilities incurred by him or her under and by virtue of the Declaration as a Member or Owner of a Lot.

Article 19. COMPLIANCE AND ENFORCEMENT

Each Owner, Board member and the Association shall comply with the provisions of this Declaration and with the Bylaws and any administrative rules and regulations adopted by the Association (as the same may be lawfully amended from time to time).  Failure to comply shall result in a claim for damages or injunctive relief, or both, by the Board (acting through its officers on behalf of the Association and the Owners) or by the aggrieved Owner on his own, against the party (including an Owner or the Association) failing to comply.

In any action or arbitration to enforce the provisions of this Section or any other provision of this Declaration, the Articles or the Bylaws, the prevailing party in such action or arbitration shall be entitled to an award for reasonable attorneys’ fees and all costs and expenses reasonably incurred in preparation for prosecution of said action or arbitration, in addition to all costs permitted by law.

The failure of the Board in any one or more instances to insist upon or enforce the strict performance of any of the terms, covenants, conditions or restrictions of this Declaration, or of any Bylaws or administrative rules or regulations, shall not be construed as a waiver or a relinquishment for the future of such term, covenant, condition or restriction, but such term, covenant, condition or restriction shall remain in full force and effect. No waiver by the Board of any provision hereof shall be deemed to have been made unless expressed in writing and signed by the Board.

The remedies provided herein are cumulative, and the Board may pursue them concurrently, as well as any other remedies which may be available under law although not expressed herein.

Article 20. AMENDMENT OF DECLARATION

Amendments to this Declaration shall be made by an instrument in writing which sets forth the entire amendment. Amendments to this Declaration must be approved by the vote or written consent of at least two-thirds (2/3) of the Owners in the Association.  The approval of the Owners may be obtained by a special vote of the Owners at a meeting or meetings or the written consent of the Owners in lieu of a meeting. The amendment shall be executed by the President and Secretary of the Association who shall certify that the requisite vote or consent has been obtained.  The amendment becomes effective upon recording with the King County Auditor.

Article 21. MISCELLANEOUS

The right of an Owner to sell, transfer, or otherwise convey his or her Lot shall not be subject to any right of approval, disapproval, first refusal, or similar restriction by the Association or the Board, or anyone acting on their behalf. If a Lot is being sold, the Board shall have the right to notify the purchaser, the title insurance company, and the closing agent of the amount of unpaid Assessments and charges outstanding against the Lot, whether or not such information is requested.

This Declaration shall be binding upon and shall inure to the benefit of the heirs, personal representatives, grantees, lessees, sublessees and assignees of the Owners.

In the case of joint Ownership of a Lot, the liability of each of the Owners thereof in connection with the liabilities and obligations of Owners, set forth in or imposed by this Declaration, shall be joint and several.

The provisions hereof shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof.

The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the operation and maintenance of the Property.

Captions given to the various articles and sections herein are for convenience only and are not intended to modify or affect the meaning of any of the substantive provisions hereof.

This Amended and Restated Declaration shall take effect upon recording.

IN WITNESS WHEREOF, and in recognition that the requisite vote of the Owners has been obtained, the following officers of the Sammamish Heights Owners Association have executed this Declaration on this ________ day of _________________________, 2016.

SAMMAMISH HEIGHTS OWNERS ASSOCIATION

By _________________________________
Kevin Chan, Its President

ATTEST:
By ___________________________________
Jennifer Poutonnet, Its Secretary

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STATE OF WASHINGTON           )
)  ss.
COUNTY OF KING                         )

I certify that I know or have satisfactory evidence that __________________________ is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged himself/herself as the PRESIDENT of the SAMMAMISH HEIGHTS OWNERS ASSOCIATION, a Washington nonprofit corporation, to be the free and voluntary act of such corporation for the uses and purposes mentioned in the instrument.

_________________________________
(Signature of Notary)

__________________________________
(Legibly Print or Stamp Name of Notary)

Notary public in and for the state of Washington, residing at
My appointment expires

STATE OF WASHINGTON           )
)  ss.
COUNTY OF KING                         )

I certify that I know or have satisfactory evidence that __________________________ is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged himself/herself as the SECRETARY of the SAMMAMISH HEIGHTS OWNERS ASSOCIATION, a Washington nonprofit corporation, to be the free and voluntary act of such corporation for the uses and purposes mentioned in the instrument.

_________________________________
(Signature of Notary)

__________________________________
(Legibly Print or Stamp Name of Notary)

Notary public in and for the state of Washington, residing at
My appointment expires

As a member of the Sammamish Heights Owners Association I hereby confirm I have read and understood the above amendment and confirm my approval of the same by signing below:

Lot 1 ___________________________                              Lot 12 __________________________

___________________________                                             __________________________

Lot 2 ___________________________                              Lot 13 __________________________

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Lot 3 ___________________________                              Lot 14 __________________________

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Lot 4 ___________________________                              Lot 15 __________________________

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Lot 5 ___________________________                                 Lot 16 __________________________
___________________________                                             __________________________

Lot 6 ___________________________                              Lot 17 __________________________

___________________________                                             __________________________

Lot 7 ___________________________                                 Lot 18 __________________________
___________________________                                             __________________________

Lot 8 ___________________________                              Lot 19 __________________________

___________________________                                             __________________________

Lot 9 ___________________________                              Lot 20 __________________________

___________________________                                             __________________________

Lot 10 __________________________                               Lot 21 __________________________

___________________________                                             __________________________

Lot 11 __________________________                               Lot 22 __________________________

___________________________                                             __________________________

Lot 23 __________________________                              Lot 34 __________________________

___________________________                                            __________________________

Lot 24 ___________________________                            Lot 35 __________________________

___________________________                                             __________________________

Lot 25 ___________________________                            Lot 36 __________________________

___________________________                                             __________________________

Lot 26 ___________________________                            Lot 37 __________________________

___________________________                                             __________________________

Lot 27 ___________________________                            Lot 38 __________________________

___________________________                                             __________________________

Lot 28 ___________________________                               Lot 39 __________________________
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Lot 29 ___________________________                            Lot 40 __________________________

___________________________                                             __________________________

Lot 30 ___________________________                               Lot 41 __________________________
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Lot 31 ___________________________                            Lot 42 __________________________

___________________________                                             __________________________

Lot 32 ___________________________                            Lot 43 __________________________

___________________________                                             __________________________

Lot 33 __________________________                               Lot 44 __________________________

___________________________                                             __________________________

Lot 45 __________________________                              Lot 53 __________________________

___________________________                                             __________________________

Lot 46 __________________________                               Lot 54 __________________________

___________________________                                             __________________________

Lot 47 ___________________________                             Lot 55 __________________________

___________________________                                       __________________________

Lot 48 ___________________________

___________________________

Lot 49 ___________________________

___________________________

Lot 50___________________________
___________________________

Lot 51 ___________________________

___________________________

Lot 52 ___________________________
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