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Home My WebLink AboutRC 20050927003163 Ili i. 1 ! , After Recording Return to: 1 ( �;'1 I!�: '1 1: 1111 ; ,11 Dalpay Properties, L.L.C., 20050927003163 P.O. Box 2436 CITY OF RENTON RCOVE 38.00 PAGE001 OF 005 Renton,WA 98056-0436 011/27/2005 15:57 • KING COUNTY, WA DECLARATION OF COVENANTS AND RESTRICTIONS FOR DALPAY SHORT PLAT This Declaration is made this 31st day of March, 2005, by DALPAY PROPERTIES, L.L.C., a Washington Limited Liability Company, hereinafter called "Dalpay". Dalpay is the Owner in fee simple estate of that certain real property in King County, Washington, located within the limits of the City of Renton, described as follows, to wit: The East Half of the Southwest Quarter of the Northeast Quarter of the Southeast Quarter of Section 04, Township 23 North, Range 05 East, W.M., in King County Washington; EXCEPT the East 155.00 feet and North 15.00 feet conveyed to King County for road under King County recording no. 1373737. NOW THEREFORE Dalpay does hereby impress upon the premises a perpetual non-exclusive easement for ingress, egress and utilities over, through, across and under the following described real property, together with Joint Maintenance Agreement for the preservation of values and amenities, for the benefit of those Lots delineated in City of Renton Short Plat No. LUA 03-125 SHPL as amended. FURTHER this covenant shall be held and conveyed subject to these conditions and run with the land, as follows, to wit:: c05_0/3g- Dalpay Properties, NW 556:Covenants Page 1 of 5 1. That all lots shall be used for single-family residential purposes exclusively as set forth in the rules regulations and ordinances of the local governmental authority having jurisdiction. 2. That the Lot Owners shall not cause or suffer to be caused a nuisance or obnoxious odors and shall prevent any unclean, unhealthy, unsightly or unkempt condition, to include but not limited to the repair and storage of vehicles, that may contribute or cause embarrassment, discomfort, annoyance to any other party or Lot Owner. 3. That the Lot Owners using the roadway and easement area shall contribute equally to the maintenance of said easement road by participating equally in the necessary work or contributing equally to the necessary expense, until such time as the easement roadway is dedicated and accepted for continuous maintenance by the local jurisdiction having authority 4. That in the event any additional party or Lot Owners using said easement, the additional party or Lot Owners shall contribute equally to the expense, work and maintenance which shall be equal with any other party, or Lot Owners, using the easement and said party or Lot Owners shall participate equally in making decisions concerning the roadway easement. 5. That the Lot Owners, their guests and invitees shall not obstruct the traveled easement way or park vehicles within the easement area. 6. That installation of any future or additional utilities shall be made within the boundaries of the described easement space allowed and installation shall be made-in such a manner and location as to not unduly interfere with the use of the easement roadway. 7. That the expense of installation of utilities shall be borne equally by those Lot Owners using such utilities. 8. That decisions, concerning maintenance and repair of the roadway, may be made by majority vote of the Lot Owners using the easement area. 9. That Improvements in the surfacing of the roadway, as distinguished from repairs, may be made by majority vote of the Lot Owners and those voting affirmatively for such improvements and repairs. Dalpay Properties,L.LC. NW 556:Covenants Page 2 of 5 10. That in the event the Lot Owners propose to install a utility line, improve, repair or upgrade said utility, the other Lot Owners shall be notified of such proposal and given an opportunity to connect with and make use of said utility line upon payment of their fair proportionate share of the cost of said utility line as payment is required. In any event, the utility installed shall be designed to have adequate capacity for the number of Lot Owners served. 11. That Restoration of the easement area shall be undertaken immediately upon completion of any construction, installation, reconstruction, repair, maintenance, or replacement and shall be shared equally among the Lot Owner users. 12. That the vote of the majority shall never be used in such a manner as to create an unreasonable or disproportionate burden upon the minority of the Lot Owners hereto. 13. That the Lot Owners further agree not to erect any permanent type structures within the easement area. 14. That any landscaping, plantings or trees located solely within the boundaries of the easement area, shall be kept free from verminous infestation tending to destroy their living existence or existence of surrounding plantings, trees or other plant growth; and the expense of fertilizing, pruning and continued maintenance shall be shared equally by all Lot Owners using the easement. 15. That in the event, any party, Lot Owner or Lot Owners using the easement refuses to pay their proportionate share or contribute equally to the work or expense of construction, reconstruction, improvement, installation, maintenance or repair, the offending party or Lot Owners shall be charged a reasonable and proportionate share of the charges, costs, expenses or fees paid; and should the party or Lot Owners fail to pay such charges, costs, expenses or fees, within Thirty (30) days, the remaining Lot Owners, having paid their fair and proportionate share, shall have the exclusive right to cause a lien to be filed on the property owned by the nonpaying party or Lot Owners. The lien shall prevail until such time as the party or Lot Owners pay their equal and proportionate share of the charges, costs, expenses or fees, or the said charges, costs, expenses or fees of the party or Lot Owners are paid at time the property is sold or ownership is transferred. The party or Lot Owners paying their equal and proportionate share of the charges, costs, expenses or fees shall cause, any liens so filed or recorded, to be satisfied or extinguished of public record. Dalpay Properties,L.L.C. NW 556:Covenants Page 3 of 5 • 16. That the storm water drainage facility located on the premises shall be subject to joint maintenance by the property owners, herein, together with the Dalpay Homeowners Association of Dalpay Plat Division Number One. The easement area of the drainage facility is more specifically described as follows to wit: The North 200.00 feet of the East 60.00 feet of the East Half of the Southwest Quarter of the Northeast Quarter of the Southeast Quarter of Section 04, Township 23 North, Range 05 East, W.M., in King County Washington; EXCEPT the East 155.00 feet thereof. 16.1. That the off site Dalpay Homeowners Association shall share and pay a prorata maintenance cost equal to 66.70%. 16.2. That the Dalpay Short Plat owners shall share and pay a prorata maintenance costs equal to 33.30%. IN WITNESS WHEREOF, the Lot Owners have executed this Easement and Agreement and it shall be binding upon and inure to the benefit of the Lot Owners hereto, their legal representatives successors and assigns and shall run with the land. 41411101Par piat rier � . �. J J . es W. Dalpay doryW. Dalpay Sr. Ill Managing Membe Member Dalpay Properties,L.L.C. NW 556:Covenants Page 4 of 5 • STATE OF WASHINGTON ) ) ss: County of King ) On this 6- of April, 2005, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared known to be the James W. Dalpay, Jr. as the managing member of Dalpay Properties, L.L.C., a Washington Limited Liability Company describe in and who executed the within instrument and acknowledged the said instrument to be the free and voluntary act and deed of said Limited Liability Company for the uses and purposes therein mentioned and on oath stated that he was authorized to execute this instrument and that his authority has not been revoked. WITNESS my hand and official seal hereto affixed the day and year in this certificate first above written. + OSS OI{j'TriS',�� . NOTAqi , Notary Public in and or the State of Washington PUBuc °' ; Residing at Kent •y ,?x_05 . rp. j My appointment expires 07-23-05 tip • ‘‘`4`1asM STATE 0FNIAI SHINGTON ) ) ss: County of King ) On this of April, 2005, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared known to be the James W. Dalpay, Sr. as a member of Dalpay Properties, L.L.C., a Washington Limited Liability Company describe in and who executed the within instrument and acknowledged the said instrument to be the free and voluntary act and deed of said Limited Liability Company for the uses and purposes therein mentioned and on oath stated that he was authorized to execute this instrument and that his authority has not been revoked. WITNESS my hand and official seal hereto affixed the day and year in this certificate` tiApove written. PO>.`111 dr7.°7 , Ry13 /i � i � .o r10Tq . PUBLIC • No Ory "r, is in an• for the State of Washington � t' • � • �?3_oc Residing at Kent ••••• My appointment expires 07-23-05 WASM� Dalpay Pro*kties tfC. NW 556:Covenants Page 5 of 5