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HomeMy WebLinkAbout02-CC&Rs-2023-06-07.pdf {04713733.DOCX;6 } Page 1 of 8 WHEN RECORDED, RETURN TO: Cairncross & Hempelmann, P.S. 524 Second Ave., Suite 500 Seattle, Washington 98104 Attn: Maxwell C. Burke Document Title Declaration of Covenants, Conditions, and Restrictions for Brennon Landing Reference Number of Related Documents _______________________ (Plat) Grantor MainVue WA LLC, a Delaware limited liability company Grantee MainVue WA LLC Abbreviated Legal Description Parcel A, City of Renton Lot Line Adjustments No. LUA22-000299 LND30-0428, LUA22-000297 LND30- 0430, LUA22-000349 LND30-0431, LUA22-000298 LND30-0429, recording nos. 20230130900004, 20230130900005, 20230130900006, 20230210900004. Full legal description on Exhibit A. Tax Parcel Numbers 3343901680 {04713733.DOCX;6 } Page 2 of 8 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR BRENNON LANDING This Declaration of Covenants, Conditions, and Restrictions for Brennon Landing (“Declaration”) is made this _____ day of ___________, 20___, by MainVue WA LLC (“Declarant”), as the owner of the real property described on attached Exhibit A. Recitals A. Declarant is developing eight (8) contiguous lots and one (1) tract of real property in the City of Renton, Washington. The lots and the tract were created upon the recording of the City of Renton Short Plat No. LUA23-000136 LND20-0653, recorded under King County recording no. _________________ (“Plat”). Each of the eight (8) lots created by the Plat is referred to herein as a “Lot.” The tract is known as Tract A. B. Declarant intends to construct a detached single-family home and associated improvements on each Lot. Declarant intends for the homes on the Lots to be aesthetically harmonious and appear as one cohesive community known as Brennon Landing (“Community”). Thus, this Declaration sets forth covenants and restrictions regarding the uses and aesthetic features of the Lots. C. The Lots also benefit from and are burdened by certain covenants and easements created by and described in the Plat. Such covenants and easements are described herein. D. Declarant hereby declares that the Lots will be held, conveyed, divided, encumbered, hypothecated, leased, rented, used, occupied and improved subject to the following covenants, con ditions, restrictions, easements, obligations, and rights, all of which are hereby declared, established, expressed and agreed: (i) to be for the benefit of and protection of the Community, its desirability, value and attractiveness; (ii) to be for the benefit of the owners of the Lots; (iii) to run with the land and be binding upon all parties having or acquiring any right, title, or interest in the Community or any part thereof; (iv) to inure to the benefit of every portion of the Community and any interest therein; and (v) to inure to the benefit of and be binding upon the successors and assigns of each Lot owner and of Declarant. Terms 1. Recitals and Exhibit A. The Recitals above and the attached Exhibit A are incorporated herein. 2. Tract A Landscaping. As described on the Plat, Tract A is a common landscaping tract jointly owned by all Lot owners. The Lot owners are equally responsible for the costs of maintaining, repairing, and replacing the landscaping within Tract A. The landscaping shall be maintained to ensure visual relief, to complement buildings and structures, and to provide an attractive environment for the enjoyment of the Lot owners. No owner shall remove, destroy or otherwise materially change or adversely impact landscaping that is required to be maintained under applicable law, including any landscaping required as part of the governmental approvals for development of the Community. Owners are responsible for confirming that removal or modification of landscaping does not violate any legal requirements. In the event of a conflict between any applicable law or permit condition and this Declaration, the law/permit condition shall govern. 3. Public and Private Utility Easements. Per the Plat, easements were granted to the City of Renton and utility providers, and their respective successors and assigns, under and upon the exterior ten (10) feet of all Lots lying parallel with and adjoining the proposed and existing street frontages (as shown on the Plat) in which to install, lay, construct, operate, maintain, repair, replace, and enlarge underground pipes, conduits, {04713733.DOCX;6 } Page 3 of 8 cables, and wires with all necessary or convenient underground or ground-mounted appurtenances thereto, for the purpose of serving the Community and other properties with electric, gas, telephone, television, water, sanitary sewer, public, and private storm drainage and other utility services, together with the right to enter thereupon at all times for the purposes herein stated. These easements entered upon for these purposes shall be restored as near as possible to their original condition by the utility provider. No lines or wires for transmission of electric current or for telephone use or cable television or any other purpose shall be placed within the easements unless the same shall be underground or in conduit attached to a building. 4. Private Wall Easements. Per the Plat, easements were granted to all Lots that include, or are within four (4) feet of, a retaining wall or rockery that measures eight (8) feet in width. These easements are for maintaining and repairing such retaining wall or rockery. The owners of the Lots on both sides of a retaining wall or rockery shall share responsibility for maintaining and repairing such retaining wall or rockery. Any owner using the easement shall be responsible for repairing or replacing any fencing or landscaping destroyed by the maintenance or repair of a rockery or retaining wall. 5. Access for Lots 1 and 8. As described on the Plat, the primary pedestrian entryway for the homes on Lots 1 and 8 shall be oriented toward Aberdeen Avenue NE, but driveways on Lots 1 and 8 shall connect to NE 14th Place only. 6. Uses and Aesthetics. a. Uses. Each Lot shall be used solely for residential purposes and related facilities normally incidental to a residential community. No commercial enterprise, including itinerant vendors, shall be permitted on any Lot; provided that home occupations may be conducted if allowed by law and if such occupation will not cause traffic congestion or other disruptions to neighboring properties; and provided further that no signs or advertising devices of any character shall be permitted. b. Leasing Restrictions. No residence on any Lot may be leased or rented by any party for a period of less than thirty (30) days, nor shall less than the whole of any Lot be leased or rented. Each lease or rental agreement shall be in writing and shall by its terms provide that it is subject in all respects to the provisions of this Declaration. Any failure by a lessee to comply with the terms of the Declaration shall be a default under the lease, whether or not it is so expressed therein. Other than the foregoing, there is no restriction on the right of any Lot owner to lease his or her Lot or residence. c. Local Codes. All buildings and improvements shall be constructed in accordance with applicable law, including any permit conditions imposed as part of development of the Community or the owner’s Lot. In the event of a conflict between any applicable law or permit condition and this Declaration, the law/permit condition shall govern. d. Siding. Each residence, improvement, or structure on a Lot shall be built of new materials except that decorative items such as used brick, weathered planking, and similar items may be incorporated. All siding materials shall be of masonry (including stucco, dryvit, cultured stone, brick, stone, or similar material), and/or wood or wood-type siding material. All paints or natural finishes shall be those colors commonly known as earth tones. e. Roofing. The roof of each residence on a Lot shall be a composition roof with a minimum 30-year life. f. Entry Walks, Porches and Decks. All front entry walks shall be concrete, and all decks and wood porches shall be constructed of cedar or pressure-treated or composite materials. {04713733.DOCX;6 } Page 4 of 8 g. Driveways. All driveways shall be paved with the same material that was installed upon original construction of the Lots. h. General Lot Maintenance. Each Lot owner is obligated to keep his or her Lot and home in a reasonably clean and sanitary condition. i. Landscaping. Each Lot owner is obligated to maintain the landscaping on the owner’s Lot. The landscaping shall be maintained to ensure visual relief, to complement buildings and structures, and to provide an attractive environment for the enjoyment of the other Lot owners. No owner shall remove, destroy or otherwise materially change or adversely impact land scaping that is required to be maintained under applicable law, including any landscaping required as part of the governmental approvals for development of the Community or the owner’s Lot. Owners are responsible for confirming that removal or modification of landscaping does not violate any legal requirements. In the event of a conflict between any applicable law or permit condition and this Declaration, the law/permit condition shall govern. j. Sidewalk and Landscape Strip Maintenance. Per the Plat, each Lot owner shall be responsible for keeping the sidewalk abutting the owner’s Lot clean and litter free. Each such owner shall be responsible for maintaining vegetation in the abutting landscape strip, excluding the street trees, which are owned by the City of Renton. k. Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or kept in the Community except as specifically provided herein. Domesticated dogs, cats, or other conventional household pets may be kept if they are not kept, bred, or maintained for any commercial purposes, and all animals must be in compliance with applicable law. “Other conventional household pets” shall include only traditionally domesticated pets and shall not include any form of poultry (i.e., domestic fowl, including but not limited to chickens, turkeys, ducks, and geese) or any exotic pets such as large or potentially dangerous reptiles, potentially harmful insects, bees, large birds, wild animals, and animals not normally domesticated, all of which are strictly prohibited in the Community. No domestic pet may be kept if its presence or actions constitute a public or private nuisance. Pets shall be registered, licensed, and inoculated from time to time as required by law. When not confined to the owner’s Lot, pets within the Community shall be leashed and accompanied by a person responsible for cleaning up any animal waste. No pets shall be tethered to any rope, cord, chain, etc., while outdoors on a Lot for longer than two (2) hours at a time. l. Vehicle Parking and Outdoor Storage. Except as otherwise provided in this subsection, each Lot owner shall keep all motor vehicles inside the Lot’s garage and shall keep the parking areas within the garage clear of personal property and any other items likely to interfere with vehicle parking. m. Garbage. All trash shall be placed in sanitary containers that are screened so as not to be visible from adjoining structures or streets or roadways. No Lot shall be used as a dumping ground for trash or rubbish of any kind. Yard rakings, dirt and debris resultin g from landscaping work or construction shall not be dumped onto adjoining properties or streets or roadways. n. Utilities Underground. Except for hoses and the like which are reasonably necessary in connection with normal lawn maintenance, no water pipe, sewer pipe, gas pipe, drainage pipe, telephone, power, or television cable, or similar transmission line shall be installed or maintained above the surface of the ground. o. Signs. Except for entrance, street, directional, traffic control, and safety signs, no promotional signs or advertising devices of any character shall be posted or displayed in the Community; {04713733.DOCX;6 } Page 5 of 8 provided, however, that one temporary real estate sign not exceeding six (6) square feet in area may be erected upon any Lot or attached to any residence placed upon the market for sale or lease. Any such temporary real estate sign shall be removed promptly following the sale or rental of such Lot or residence. In addition, nothing in this section shall be construed to prohibit the display of signs regard ing candidates for public office or ballot issues, on or within a Lot, so long as such signs are no larger than four (4) square feet and in place no longer than sixty (60) days. Flags of the United States or the State of Washington are not considered signs hereunder and are permitted. p. No Obstruction of Easements. No structure, planting, or other material shall be placed or permitted to remain upon a Lot that may damage or interfere with any easement or the installation or maintenance of utilities, or which may unreasonably change, obstruct, or retard direction or flow of any drainage channels. No decorative planting, structure or fence may be maintained within an easement area. q. Antennas and Clotheslines. No external clotheslines shall be permitted on the Lots. Each Lot owner has a right to install an external antenna/satellite dish pursuant to 47 C.F.R. § 1.4000; no other antenna are allowed. r. Weapons. No firearms of any kind or nature, including rifles, handguns, bows, slingshots, BB guns, slings, traps, or any other like weapon, shall be used or discharged on the Lots except by authorized governmental officials. s. Nuisances Prohibited. No noxious or offensive activity shall be conducted in the Community, nor shall anything be done or maintained therein in derogation or violation of the laws of the State of Washington or any other applicable governmental entity. Nothing shall be done or maintained in the Community that may be or become an annoyance or nuisance to the neighborhood or detract from the value of the other Lots. t. Temporary Structures. No structure or improvement of a temporary character, including without limitation a trailer, tent, shack, garage, barn, or other outbuilding shall be installed, placed or used on any Lot as a dwelling or residence, either temporarily or permanently. u. Window Coverings. Within ninety (90) days of occupancy of a residence on a Unit, curtains, drapes, blinds or valances shall be installed on all bedroom, bathroom and closet windows and all main windows in the great room that are visible from adjacent properties. No newspapers, bed sheets, or other makeshift window coverings shall be visible from the exterior of the residence. v. Fences. All fences shall substantially match the fences installed at the time the Lots were first developed by the Declarant. Any stained fences must be re-stained to substantially match the stain originally used. 7. Declarant Rights Regarding Bonds. In connection with the improvement and governmental approval of the Community and the recording of the Plat, Declarant may procure one or more maintenance, improvement, performance or other bonds for the benefit of one or more governmental authorities or private parties. Declarant reserves to itself for the duration of the period for which any such bond is required to be maintained all rights necessary or convenient to allow Declarant and its agents and contractors to take such action with respect to the Community and/or improvements covered by any such bond as may be required: (i) to comply with the obligations for which the bond was issued or (ii) by the governmental entity or private party that is the beneficiary or obligee of such bond. Without limiting the foregoing, Declarant and its agents and contractors shall have the right to enter upon any portion of the Community property affected by any such bonds and to abate, correct, or remove any circumstance or condition that requires abatement, correction, or removal by the beneficiary or obligee of the bond. {04713733.DOCX;6 } Page 6 of 8 Declarant and its agents and contractors shall not be deemed guilty of any manner of trespass by any such entry, abatement, correction, or removal. The rights reserved under this section with respect to any given bond shall continue through the date on which all obligations required by the governmental entity or private party with respect to such bond are performed and the bond is surrendered to Declarant. 8. General Terms. a. Applicable Law and Venue. This Declaration shall be construed and enforced in accordance with the laws of the State of Washington. Jurisdiction and venue of any suit arising out of or related to this Declaration will be exclusively in the state or federal courts in King County, Washington. b. Binding Effect. This Declaration shall bind and inure to the benefit of the owners of the properties and their respective successors, heirs, assigns, and personal representatives and all persons claiming by, through, or under the owners of the properties. The covenants, restrictions, and easements described herein run with the land and are appurtenant to and touch and concern the real property described herein. c. Enforcement. Any Lot owner shall have the right to enforce, by any appropriate proceeding at law or in equity, all provisions in this Declaration. The failure of a Lot owner to insist upon the strict performance of any covenant or restriction, or to exercise any right or option contained in this Declaration, or to serve any notice or institute any action, shall not be construed as a waiver or a relinquishment for the future of such provision. d. No Merger. The covenants, restrictions and easements granted and declared herein shall not be extinguished or terminated by the operation of any doctrine of merger or otherwise due to the existing or future common ownership or future common ownership of the burdened or benefitted properties. e. Nonwaiver of Breach. The waiver by a party of a breach of any provision of this Agreement by the other party will not operate or be construed as a waiver of any subsequent breach by that party. f. Amendments. The Declaration may be changed, modified, or amended in whole or in part by a written agreement executed by the owners of at least six (6) of the eight (8) Lots; provided that any amendment requires Declarant’s written consent so long as Declarant owns a Lot. Any amendment shall take effect only upon recording in the official real property records of King County, Washington. g. Severability. If any provision of this Declaration is determined by a court of competent jurisdiction to be invalid or unenforceable, it shall be stricken from the Agreement, the remainder of this Agreement shall nonetheless remain in full force and effect. [Remainder of page left blank; signature follows on next page.] {04713733.DOCX;6 } Page 7 of 8 IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration the day and year first above written. DECLARANT: MainVue WA LLC, a Delaware limited liability company By: Vanessa Normandin Its: President of MainVue Homes LLC, manager of MainVue WA LLC STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me Vanessa Normandin, to me known to be the President of MainVue Homes LLC, a Delaware limited liability company, the manager of MainVue WA LLC, a Delaware limited liability company, the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that said person is authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN under my hand and official seal this _____ day of ___________________, 20__. NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires . {04713733.DOCX;6 } Page 8 of 8 EXHIBIT A Legal Description of Real Property PARCEL A OF CITY OF RENTON LOT LINE ADJUSTMENT NOS. LUA22-000299 LND30-0428, LUA22-000297 LND30-0430, LUA22-000349 LND30-0431, AND LUA22-000298 LND30-0429, AS PER LOT LINE ADJUSTMENTS RECORDED UNDER RECORDING NOS. 20230130900004, 20230130900005, 20230130900006, AND 20230210900004, IN KING COUNTY, WASHINGTON; SITUATE IN KING COUNTY, WASHINGTON.