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HomeMy WebLinkAboutRC 20040617000879 A ' 20040617000879 CITY OF RENTON DECL 30.00 PAGE001 OF 012 06/17/2004 11:13 KING COUNTY, WA Return Address: City Clerk's Office City of Renton 1055 S. Grady Way Renton WA 98055 (Space above this line for recorder's use only) Please print or type information WASHINGTON STATE RECORDER'S cover sheet (RCW 65.04 DOCUMENT TITLE: Declaration of Covenants, Conditions and Restrictions of Renton Place Division III REFERENCE NUMBER(S) OF N/A RELATED DOCUMENTS: Additional reference numbers on page(s)N/A of document. GRANTOR: Jack McCann Co, Inc. GRANTEE: Plat of Renton Place Division III ABBREVIATED LEGAL TRACT 45, N.H. LATIMER'S LAKE WASHINGTON DESCRIPTION: PLAT,ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 6 OF PLATS, PAGE 70, IN KING COUNTY, WAHINGTON Additional legal on page 12 of document. ASSESSOR'S TAX PARCEL 4204400-200 NO(S). THIS DECLARATION is made this 10th day of April, 2004, by the undersigned, hereinafter referred to collectively as"Declarant." DESCRIPTION OF THE LAND A. Declarant collectively owns certain real property located within the State of Washington, which property and improvements are commonly known as the Plat of Renton 1 337111.2/020894.00001 Place Division III, located in King County, Washington, and legally described in attached Exhibit A(the "Project"). B. For the benefit and protection of the Project, to enhance its value and attractiveness, and as a conduction of the plat the developer has install mail boxes stands a private storm drain system and has established a protected slope easement to be know as the Common Area Item(CAI)that must be maintain by the home owners within the Project, Declarant agrees to provide herein for a method of payment for said Maintenance. NOW, THEREFORE, Declarant hereby declares that the Lots described herein shall be held, conveyed, encumbered, leased, rented, used, occupied and improved subject to the following covenants, conditions, restrictions, reservations, grants of easement, rights, rights-of-way, liens, charges and equitable servitudes. Any conveyance, transfer, sale, assignment, lease or sublease of a Lot in the Project, shall and hereby is deemed to incorporate by reference all provisions of this Declaration. The provisions of this Declaration shall be enforceable by Declarant, any Lot Owner, and the Association. ARTICLE 1 INTERPRETATION 1.1 Interpretation. The provisions of this Declaration shall be liberally construed to effectuate its purpose of providing for street lighting for the Project. It is intended that this Declaration shall be operative as a set of covenants running with the land, or equitable servitudes, binding on Declarant, its successors and assigns, all subsequent Owners of the Project or any Lots, together with their grantees, successors, heirs, executors, administrators, devisees or assigns. Declarant is the original Owner of all Lots and Project and will continue to be deemed the Owner thereof except as conveyances or documents changing such Ownership regarding specifically described Lots or portions of the Project are filed of record. 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. 1.2 Definitions. 1.2.1 "Association" shall mean the Owners'Association provided for in Article 2 and its successors and assigns. 1.2.2 "Board" shall mean the Board of Directors of the Association provided for in Article 3. 1.2.3 "Bylaws" shall mean the duly adopted bylaws of the Association. 2 337111.2/020894.00001 1.2.4 "Declarant" shall mean the undersigned (being the sole Owner of the real property described in Exhibit A hereof) and its successors and assigns if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development and by written instrument in recordable form be specifically assigned the rights and duties of Declarant. 1.2.5 "Declaration" shall mean this declaration and any amendments thereto. 1.2.6 "Lot" shall mean and refer to any plot of land shown upon any recorded plat map of the Project. Lot shall not include any land shown on a plat map but dedicated to the public or to a governmental entity. 1.2.7 "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 Project, and, except as may be otherwise expressly provided herein, shall, in the case of a Lot which has been sold pursuant to a real estate contract, include any person of record holding a vendee's interest under such real estate contract, to the exclusion of the vendor thereunder. Any person or entity having such an interest merely as security for the performance of an obligation shall not be considered an Owner. 1.2.8 "Person" shall include natural persons, partnerships, limited liability companies, corporations, associations and personal representatives. 1.2.9 "Project" shall mean the real estate described in Exhibit A and all improvements and structures thereon. 1.2.10 "Private Storm Drain System" shall mean 10' pipe that must be kept maintained by home owner see Exhibit B for location. 1.2.11 "Protected Slope Easement" shall mean the real estate show in Exhibit C this property is maintained by the home owner and must be kept clean of trash 1.2.12 "Mail Box Stand" see Exhibit D for location of the mail box stands this stands must be maintained by the home owner ARTICLE 2 OWNERS' ASSOCIATION 2.1 Establishment. There is hereby created an association to be called RENTON PLACE DIVISION III HOMEOWNERS' ASSOCIATION (referred to hereinafter as the "Association"). 2.2 Form of Association. The Association may be an unincorporated association or a nonprofit corporation formed and operated pursuant to Title 24 and Chapter 64.38, 3 337111.2/020894.00001 • Revised Code of Washington. In the event of any conflict between this Declaration and the Articles of Incorporation or Bylaws for such nonprofit corporation, the provisions of this Declaration shall prevail. 2.3 Membership. • 2.3.1 Qualification. Each Owner of a Lot in the Project (including Declarant) shall be a member of the Association and shall be entitled to one membership for each Lot so owned. Ownership of a Lot shall be the sole qualification for membership in the Association. 2.3.2 Transfer of Membership. The Association membership of each Owner (including Declarant) shall be appurtenant to the Lot giving rise to such membership, and shall not be assigned, conveyed, pledged or alienated in any way except upon the transfer of title to said Lot and then only to the transferee of title to such Lot. Any attempt to make a prohibited transfer of membership shall be void. Any transfer of title to a Lot shall operate automatically to transfer the membership in the Association appurtenant thereto to the new Owner thereof 2.4 Voting. The total voting power of all Owners shall equal the number of Lots at any given time and the total number of votes available to Owners of any one Lot shall be one (1) vote. For purposes of determining the percentage of Owners approving a proposed decision or course of action, an Owner shall be deemed a separate Owner for each Lot owned. 2.5 Bylaws of Association. Bylaws for the administration of the Association and the Project and to further the intent of this Declaration, may be adopted or amended by the Owners at a regular or special meeting; provided, that the initial Bylaws shall be adopted by Declarant. In the event of any conflict between this Declaration and any Bylaws,the provisions of this Declaration shall prevail. ARTICLE 3 MANAGEMENT OF'1'1W ASSOCIATION 3.1 Management by Declarant. The Association shall be managed on behalf of the Owners by the Declarant until the earlier of: (a) one hundred twenty(120) days after Declarant (or any successor Declarant) has conveyed all Lots to individual Owners; or(b)the date on which Declarant elects to permanently relinquish all of its authority under this Section by written notice to all Owners. So long as Declarant is managing the Association, Declarant or a managing agent selected by Declarant shall have the exclusive power and authority to exercise all the rights, duties and functions of the Board and the Association set forth or necessarily implied in this Declaration. 4 337111.2/020894.00001 3.2 Management by Elected Board of Directors. At the expiration of Declarant's management authority under Section 3.1, power and authority shall vest in the Board of Directors elected from among the Lot Owners. The number of directors shall be specified in the Bylaws and shall be sufficient to adequately handle the affairs of the Association. The Board may delegate all or any portion of its management duties to a managing agent or officer of the Association as provided for in the Bylaws. All Board offices shall be open for election at an organizational meeting. The Board shall elect from among its members a president who shall preside over meetings of the Board and the meetings of the Association. 3.3 Authority and Duties of the Board. On behalf of and acting for the Association, the Board (or the Declarant or Declarant's managing agent as provided in Section 3.1 hereof), for the benefit of the Owners, shall have all powers and authority permitted to the Board under this Declaration and any applicable law, including but not limited to the following: 3.3.1 Assessments. Establish and collect regular assessments (and to the extent necessary and permitted hereunder, special assessments)to defray expenses attributable to carrying out its duties hereunder. The Association may impose and collect charges for late payments of assessments 3.3.2 Enforce Declaration. Enforce the applicable provisions of the Declaration. The remedies provided herein are cumulative, and the Board may pursue them concurrently, as well as any other remedies that may be available under law. 3.3.3 Contracting and Payment for Materials, Services, etc. Contract and pay for any materials, supplies, labor or services which the Board should determine are necessary or proper for obtaining the installation and maintenance of Street Lighting or for the enforcement of this Declaration, including legal, accounting, management or other services, and including a policy or policies and bonds of liability or fidelity coverage for Association Board members(including Declarant), officers, employees or agents. In the discharge of its duties and the exercise of its powers as set forth herein, but subject to the limitations set forth herein, the Board may borrow funds on behalf of the Association. 3.3.4 Additional Powers of Association. In addition to the duties and powers of the Association as specified 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 that it may deem reasonably necessary to carry out its duties and the purposes of this Declaration. ARTICLE 4 REQUIREMENT TO PAY FOR MAINTENCE COMMON AREA ITEM 5 337111.2/020894.00001 4.1 Requirement to Pay for Street Lighting. The Board is specifically authorized to contract with License Contractor, and/or the City of Renton for maintenance CAI and for the payment of all charges associated with the CAI. The Association, on behalf of the Owners, shall be responsible for the payment to License Contractor, other and/or the City of Renton for maintenance CAI and for the payment of all charges associated with the CAI. All Contractor bills and other costs associated with the CAI shall be assessed to the Owners in equal shares as assessments in accordance with Article 5. In addition to the lien rights of the Association under Section 5.1, in the event of any failure to pay Contractor or the City of Renton any charges or other costs associated with the CAI, such unpaid assessments,together with interest, costs, late charges and reasonable attorneys'fees, shall be a charge on the land and a continuing lien upon the Lot or Lots against which each such assessment is made . Nothing in this Declaration shall require the City of Renton to pay for the cost of CAI. ARTICLE 5 ASSESSMENTS 5.1 Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Project,hereby covenants, and each Owner of any 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. Such assessments,together with interest, costs, late charges and reasonable attorneys'fees, 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 interest, costs, late charges and reasonable attorneys'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 for delinquent assessments shall not pass to successors in title unless the lien for such delinquent assessments had been properly recorded prior to title transfer or unless expressly assumed by them. Provided, however,that in the case of a sale of any Lot which is charged with the payment of an assessment or assessments payable in installments,the person or entity who is the Owner immediately prior to the date of any such sale shall be personally liable only for the amount of the installments due prior to said date. The new Owner shall be personally liable for installments which become due on and after said date. 5.2 Uniform Rate. Any assessments which may be levied from time to time pursuant to the authority of the Board shall be fixed at a uniform rate for each Lot. An assessment against a Lot shall be the joint and several personal obligation of all Owners of that Lot. 5.3 Manner and Time of Payment. Assessments shall be payable by each Owner in such reasonable manner as the Board shall designate. Any assessment or installment thereof which remains unpaid for at least fifteen(15) days after the due date thereof shall bear interest at twelve percent (12%) per annum, and the Board may also assess a late charge in an amount not exceeding twenty-five percent (25%) of any unpaid assessment which has been delinquent for more than fifteen(15)days 6 337111.2/020894.00001 • 5.4 Accounts. Any assessments collected by the Association shall be deposited in one or more 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. 5.5 Lien. In the event any assessment or installment thereof remains delinquent for more than thirty (30) days, the Board may, upon fifteen (15) days prior written notice to the Owner of such Lot of the existence of the default, accelerate and demand immediate payment of the entire assessment. The amount of any assessment assessed or charged to any Lot plus interest, costs, late charges and reasonable attorneys' fees, shall be a lien upon such Lot. A claim of lien may be recorded in the office where real estate conveyances are recorded for the county in which this Project is located. Such claim of lien may be filed at any time at least fifteen (15) days following delivery of the notice of default referred to above. The lien for payment of such assessments and charges shall have priority over all other liens and encumbrances, recorded or unrecorded. Suit to recover a money judgment for unpaid assessments or charges shall be maintainable with or without foreclosure or waiver of the lien securing the same. 5.6 Waiver of Homestead. Each Owner hereby waives, to the extent of any liens created pursuant to this Article, the benefit of any homestead or exemption law in effect at the time any assessment or installment thereof becomes delinquent or any lien is imposed pursuant to the terms hereof. 5.7 Continuing Liability for Assessments. No Owner may exempt himself/herself from liability for his/her Assessments by abandonment of his/her Lot. 5.8 Records, Financial Statements. The Board shall prepare or cause to be prepared, for any calendar year in which the Association levies or collects any assessments, and shall distribute to all Owners, a balance sheet and an operating(income/expense) statement for the Association, which shall include a schedule of assessments received and receivable, identified by the number of the Lot and the name of the Owner so assessed. 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 expenses 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 reasonably convenient hours. 5.9 Certificate of Assessment. A certificate executed and acknowledged by the treasurer or the president of the Board, or an authorized agent thereof if neither the president nor treasurer is available, stating the indebtedness for assessments and charges or lack thereof secured by the assessment lien upon any Lot shall be conclusive upon the Association as to the amount of such indebtedness on the date of the certificate, in favor of all persons who rely 7 337111.2/020894.00001 • thereon in good faith. Such a certificate shall be furnished to any Owner or any encumbrancer of a Lot within a reasonable time after request, in recordable form, at a reasonable fee. Unless otherwise prohibited by law, any encumbrancer holding a lien on a Lot may pay any unpaid assessments or charges with respect to such Lot, and, upon such payment, shall have a lien on such Lot for the amounts paid of the same rank as the lien of his/her encumbrance. 5.10 Foreclosure of Assessment Lien,Attorneys' Fees and Costs. The Declarant or Board, on behalf of the Association, may initiate action to foreclose the lien of or collect, any assessment. In any action to foreclose the lien of, or otherwise collect, delinquent assessments or charges, any judgment rendered in favor of the Association shall include a reasonable sum for attorneys'fees and all costs and expenses reasonably incurred in preparation for or in the prosecution of said action (including in any arbitration, on appeal, and in any bankruptcy proceeding), in addition to taxable costs permitted by law. 5.11 Curing of Default. The Board shall prepare and record a satisfaction and release of the lien for which a claim of lien has been filed and recorded in accordance with this Article upon timely payment or other satisfaction of all delinquent assessments set forth in the Notice, and all other assessments which have become due and payable following the date of such recordation with respect to the Lot as to which such claim of lien was recorded, together with all costs, late charges and interest which have accrued thereon. An additional administrative fee of not more than fifty dollars ($50.00) covering the cost of preparation and recordation shall be paid to the Association prior to such action. The satisfaction of the lien created by the claim of lien shall be executed by the president or treasurer of the Association or by any authorized representative of the Board. For the purposes of this paragraph, the term "costs" shall include costs and expenses actually incurred or expended by the Association in connection with the cost of preparation and recordation of the claim of lien and in efforts to collect the delinquent assessments secured by the lien and a reasonable sum for attorneys'fees. ARTICLE 6 LIMITATION OF LIABILITY 6.1 No Personal Liability. So long as a Board member, Association committee member, Association officer, Association agent, or Declarant exercising the powers of the Board, has acted in good faith,without willful or intentional misconduct,upon the basis of such information as may be possessed by such person, no such person shall be personally liable to any Owner, or other party, including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error, negligence (except gross negligence), any discretionary decision, or failure to make a discretionary decision, by such person in such person's official capacity; PROVIDED, that this section shall not apply where the consequences of such act, omission, error or negligence are covered by insurance or bonds obtained by the Board pursuant to this Declaration. 6.2 Indemnification of Board Members. Each Board member or Association committee member, or Association officer, Association agent, or Declarant exercising the 8 337111.2/020894.00001 • powers of the Board, 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/she may be a party, or in which he/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/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, that, in the event of a settlement, the indemnification shall apply only when the Board approves such settlement and reimbursement as being in the best interest of the Association. Nothing contained in this Section shall, however, be deemed to obligate the Association to indemnify any Member or Owner of a Lot 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 under and by virtue of the Declaration as a Member or Owner of a Lot covered thereby and not as a Board member or officer of the Association. ARTICLE 7 TERM OF DECLARATION 7.1 Duration of Covenants. The covenants contained herein shall run with and bind the land for a term of thirty (30) years from the date this Declaration is recorded, after which time the covenants shall be automatically extended for successive periods of ten (10) years each, unless the Owners execute and record an instrument abandoning or terminating this Declaration. ARTICLE 8 MISCELLANEOUS 8.1 Notices. Any written notice, or other document as required by this Declaration, may be delivered personally or by mail. If by mail, such notice, unless expressly provided for herein to the contrary with regard to the type of notice being given, shall be deemed to have been delivered and received three (3) business days after a copy thereof has been deposited in the United States first-class mail, postage prepaid, properly addressed as follows: (a) If to an Owner, other than Declarant, to the registered address of such Owner, as filed in writing with the Board pursuant to the requirements of the Bylaws. (b) If to Declarant, whether in its capacity as an Owner, or in any other capacity,to the address which Declarant shall have advised the Board in writing. (c) Prior to the expiration of the Declarant's management authority pursuant to Section 3.1, notices to the Board shall be addressed to the address set forth in(b) 9 337111.2/020894.00001 above. Thereafter, notices to the Board shall be addressed either to an address to be posted by the Board at all times in a conspicuous place or to the registered office of the Association. In addition, from and after the expiration of the Declarant's management authority, notice of the address of the Association shall be given by the Board to each Owner,within a reasonable time after the Board has received actual notice of such Owner's purchase of a Lot. 8.2 ,Successor and Assigns. This Declaration shall be binding upon and shall inure to the benefit of the heirs, personal representatives, successors and assigns of Declarant, and the heirs, personal representatives, grantees, lessees, subleases and assignees of the Owners. 8.3 Joint and Several Liability. 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. 8.4 ,SeverahiliQ. 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. 8.5 Attorneys' Feec. In any action to enforce the provisions of this Declaration, the Articles of Incorporation or the Bylaws, the prevailing party in such legal action shall be entitled to an award for reasonable attorneys' fees and all costs and expenses reasonably incurred in preparation for or prosecution of said action(including in any arbitration, on appeal, or in any bankruptcy proceeding), in addition to taxable costs permitted by law. 8.6 Amendments. Neither Article 4 nor any other provision of this Declaration relating to the Street Lighting may be amended without the prior written consent of the City of Kent. 8.7 Effective nate, The Declaration shall take effect upon recording. IN WITNESS WHEREOF, Declarant has executed this Declaration the day and year first hereinabove written. DECLARANT: Jack McCann Co, Inc., a Washington corporation By: Its: frJeel /Mil'177 e 10 337111.2/020894.00001 • • • STATE OF WASHINGTON ) ) ss: COUNTY OF KING ) I certify that I know or have satisfactory evidence that Jiff Mc c.,Lyk 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 this instrument and acknowledged it as the j ec-8• v of Jack McCann Co, Inc., a Washington corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED: Ttk e I , 2004. Print Name: A 14ccI-k ("yo s NOTARY PUBLIC in and for the State of WA�G :•S�oN E*••4.0 ', Washington, residing at Ke � 9 5 , My Appointment expires: S- f -o g p�NOTARYTA 1 G 2: p L\ litt OF 11 337111.2/020894.00001 EXHIBIT A Legal Debzt=ption of the Project FXHIBIT A TRACT 45, N.H. LATIMER'S LAKE WASHINGTON PLAT, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 6 OF PLATS, PAGE 70, IN KING COUNTY, WAHINGTON. TOGETHER WITH THE SOUTH HALF OF THAT PORTION OF VACATED SOUTH 129TH STREET,ADJOINING. TOGETHER WITH THAT PORTION OF VACATED NORTHWEST'3RD STREET ADJOINING, AS VACATED BY CITY OF RENTON ORDINANCE NUMBER 4259. ALL SITUATE IN THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., CITY OF RENTON, KING COUNTY, WASHINGTON. 12 337111.2/020894.00001