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HomeMy WebLinkAboutRC 20011226000111 11111111111111 Return Address: City Clerk's Office City of Renton 20011226000111 1055 S. Grady Way CITY OF RENTON DPC 16 00 Renton WA 98055 12`E/26/01/2001 08022 KING COUNTY, WA Please print or type information 1 Document Title(s): ACL et ka'Fi c N o.p cV.eA)401'S i- ke f o1 e.4.1 045- Reference 4SReference Number(s)of Documents assigned or released: [on page of document(s)] Grantor(s)(Last name first,then first name and initials): 1. P4sitsL Bi2olkeit4.Cos)sf'it.u.c{-i0/0/LLC. 2. Q 3. 4. D Additional names on page of document Grantee(s)(Last name first,then first name and initials): �r/ 1. d c oeD VeRS SsoCictTet) �-- Carodle+..� � Hem A t 2. 3. 4. D Additional names on page of document Legal Description(abbreviated. i.e.lot,block,plat or section,township,range) NR1-iofti Rack 3S, t-4i'l�ifna�'J Lake Wasti,roq-tarU e-ekook f E , Adel;i-i apt) to S i -‹. A;op *I, vat_ /1 of Nze1 , P c j z. 3. g Additional legal is on page of document Assessor's Property Tax Parcel/Account Number: 4-1o2-0-31.0 —o7 D Additional legal is on page of document The Auditor/Recorder will relyon the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. HOMEOWNERS ASSOCIATION For lots contained within the Candlewood Short Nat situate North 32nd Street,City of Renton as legally described in Exhibit A 1 Formation The Declarant shall cause to be formed with the recording of this Declaration,or in a reasonable time thereafter,a nonprofit corporation under the laws of the State of Washington known as Candlewood homeowners Association,whose objects and purposes shall be the furtherance and promotion of the community welfare of the members,including the regulation,use,care,construction,operation, repair,maintenance and preservation of the common area and the protection and benefit of its members and their property in said Development as the Homeowners Association shall determine and as provided by its Articles of Incorporation and Bylaws,and any rules and regulations adopted pursuant thereto 2 Grantees Acceptance The grantee of any lot subject to these Declarations by acceptance of a deed conveying title thereto,or the execution of a contract for the purchase thereof,whether from the Declarant or from a subsequent owner of such lot, shall accept such a deed or contract upon and subject to each and all of these declarations and the agreement contained herein,and by himself,his heirs,personal r" representatives,successors and assigns,covenant,consent,and agree to and with the Declarant,and to and with the Grantees and subsequent owners of each of the lots within the Development,to keep,comply with and perform said declarations and agreements Each grantee agrees to be bound by the Articles of Incorporation and Bylaws,and the rules and regulations herein,pursuant to the Candlewood Homeowners Association,and grantees shall continue to be members thereof while retaining ownership of said lot MEMBERSHIP AND VOTING RIGHTS 1 Every Owner of a lot which is subject to assessment shall be a member of the Association Membership shall be appurtenant to and may not be separated from ownership of any lot which is subject to assessment 2 All Owners including the Declarant shall be entitled to one vote for each lot owned When more than one person holds an interest in any lot,all such persons shall be members The vote for such lot shall be exercised as they determine,but in no event shall more than one vote be cast with respect to any lot -1- PROPERTY RIGHTS l Every member shall have a right and easement of enjoyment in and to the common area which shall be appurtenant to and shall pall with the title to every lot,subject to the following provisions The right of the Association to dedicate or transfer all or any Ypart of the common Area to any public agency,authority,or utility for such purposed and subject to such conditions as may be agreed to by the members No such dedication or transfer shall be effective unless an instrument agreeing to such dedication to transfer signed by two-thirds of the members has been recorded 2. Use. No lot shall be used except for residential purposes,provided that the Declarant may maintain a model unit or sales office within a unit until such time as all of the lots have been sold During this time the Declarant may maintain signs of the common area advertising the Development and lots for sale 3 Delegation of Use Any owner may delegate,in accordance with the Bylaws,his right of enjoyment to this common area and facilities to the members of his family, his tenants,or contract purchasers who reside on the property 4 Dedication of Access and Common Areas: All accesses and common areas set forth on the Development filed herewith are dedicated and reserved for Lot Owners,their families and guests. All Lots will be subject to utility easements 5 Easements and Rights of Way All easements and rights of way within the Development shall be dedicated to the Association,and the cost of maintenance of said street and right of way in Article VI herein 6 Protection of Views- A Buildings. No building or structure in this Development shall exceed two stories in addition to a basement The heights shall be in compliance with City of Renton Code B Vegetation The lot Owners may request from one another that trees and\or bushes be pruned,or thinned to eliminate any unreasonable interference with a view The cost of pruning or thinning shall be born by the lot owner seeking to protect their view. The Architectural Control Committee created under Article V shall have the responsibility of determining whether trees or other vegetation of the premises of any lot by reason of increased size do to growth since construction of homes on adjacent lots,unreasonably interferes with the view of other residents within this Development In any case in which the Architectural Control Committee shall determine that there is such interference,it shall send a notice in writing to the lot owner involved,which notice shall set forth the extent to which -2- the trees or other vegetation shall be pruned or removed If within thirty days after receipt of such notice,the lot owner has not caused the trees or other vegetation to be pruned or removed to the extent required by the ACC,the Candlewood Home Owners Association may hire a professional landscaper to do such work at its own expense or may charge the cost of such work to the lot owners of the Development who have requested the prumng or removal of such trees or other vegetation 7 Nuisances No obnoxious of offensive activity shall be carried on or upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the Development The use of motorcycles for purposes other than transportation to and from the Development shall be considered a nuisance and are prohibited 8. No lot shall be used or maintained as a dumping ground for rubbish,trash,garbage, cuttings or other wastes All rubbish,trash,garbage,cuttings or other wastes shall be kept in sanitary containers 9 Livestock and Poultry No animals,livestock or poultry of any kind shall be raised, bred or kept on any lot,except that dogs,cats and other household pets may be kept, provided that they are not kept,bred or maintained for commercial purposes Any dogs must be kept so as to minimize excessive noise from barking,otherwise,such 0 barking shall be considered a nuisance under these covenants 10 Firearms The use of firearms within the Development is prohibited,and no hunting of animals with any weapon by any person shall be permitted N 11.Out Buildings. Any out buildings constructed on any lot shall be of the same siding a and roofing material as the home 0-4 12 Temporary Structures No structure of a temporary character,camper,trailer,tent, shack,garage or other out building shall be used on any lot at any time as a residence,either temporarily or permanently 13 Vehicle Parking No inoperable vehicles,Motorcycles or other motorized apparatus shall be stored on the premises or in the street within the Development No mechanical repairs shall be conducted upon the premises except minor maintenance and mechanical work by a resident of the Development on said resident's pnvate vehicle,provided that any such conduct be in a manner which is not offensive to persons residing in the neighborhood,is not unsightly,does not result in unusual noise or debris being placed upon the premises and is keeping with the residential development here involved If an owner refuses to remove an illegal vehicle,the Architectural Control Committee shall have the power to remove the vehicle at the owners expense Except with the approval of the AAC,lot owners at no time shall keep or permit to be kept on their premises any house trailer,camper,recreational -3- vehicle,mobile home,boat,or boat trailer,unless the same is housed within a garage or located in the rear yard and suitably screened from view of the street 14. Satellite Dishes. Satellite Dishes in excess of twenty four inches in diameter and roof top mounted antenna shall not be permitted. ARTICLE V ARCHITECTURAL CONTROL COMMITTEE 1 Administration of Covenants The board of directors of the Candlewood Homeowners Association shall appoint an Architectural Control Committee(ACC) of three persons,who shall act as administrators of the provisions of this Article The board of Directors shall have the right to termmate the term of office of any member of the ACC at any time and to appoint new or additional members Initially,one member of the ACC shall be appointed for one year,the second member for two years,and the third member for three years Thereafter members of the ACC shall be appointed for three year terms Until such time as five lots are sold the Declarant shall be a member of the ACC A majority of the ACC may designate a representative to act for the ACC. 0 2 Jurisdiction and Purpose The ACC shall adopt architectural guidelines,establishing standards for the exterior design and placement of all structures to be constructed of a lot,and exterior landscaping of all such structures The ACC may amend the C" guidelines from time to time if it determines that such amendments are in the best interests of the lot owners as a whole The ACC shall have the nght to review all c=, plans and specifications for any building or structure to be constructed or modified o within the properties and any landscaping,and either approve or reject such plans based on whether they conform to the guidelines The purpose of the ACC is to ensure that development within Candlewood maintains the aesthetic and structural quality contemplated,that all future replacements of improvements or future improvements are compatible,and to assist in the preservation of views 3 Approval Procedure No building or other structure shall be constructed or altered until there has been filed with and approved by the ACC a set of plans and specifications showing the improvements Included with each proposal shall be,in a form satisfactory to the ACC,two sets of plans and specifications (1) The size and dimension of the improvement; (2)the exterior design and elevation, (3)the location of the improvement on the lot.In order to accomplish maximum view preservation for adjacent lots, (4) a scheme for grading and drainage;and(5) Proposed landscaping It is the obligation of each owner to familiarize himself or herself with the rules,regulations and procedures of the ACC for inspection,Plan, review and approval All requests for approval of improvements to lots shall be made in writing -4- 4. Decision in Writing The ACC's approval or disapproval as required in these covenants shall be in writing In the event the ACC or its designated representative fails to approve or disapprove within thirty days after plans and specifications have been submitted to it,or in any event if no suit to enjoin the construction has been commenced prior to the completion thereof,approval will not be required and the related requirements shall be deemed to have been fully satisfied 5 Appeal Lot owners may appeal any decision made by the ACC to the board of directors of the.Homeowners Association The appeal shall be made in writing within ten days from the date of receipt of the ACC's decision and shall set forth the basis of the objections to the ACC's decision The decision of the Board of Directors shall be final ARTICLE VI COVENANT FOR ASSOCIATION MAINTENCE ASSESSMENTS 1 Creation of the Lien and Personal Obligation of Association Assessment The Declarant,for each lot within the Development,hereby covenants,and each Owner of o any lot by acceptance of a deed therefor,whether or not it shall be so expressed in C such deed is deemed to covenant and agree to pay to the Association, (1) annual `C) assessments or charges and(2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided The annual and `` special Association assessments together with interest,costs and reasonable attorneys' fees,shall be charged on the land and shall be a continuing lien upon the o property against which each such assessment is made Each such assessment, together with interest,costs,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 his successors in title unless expressly assumed by them The Declarant however,shall not be obligated under the Covenant for Maintenance Assessments 2 Purpose of Association Assessments The assessments levied by the Association shall be used exclusively to promote the health,safety and welfare of the residents on the Development and for the maintenance,repair,replacement,emergency work,and capital improvement of the common area. 3 Maximum Annual Association Assessment Until January 1 of the following year immediately following the conveyance of the first lot to an Owner,the maximum annual assessment shall be$ per lot (a) From after January 1 of the year immediately following the conveyance of the first lot to an Owner,the maximum assessment may be increased each -5- year not more than ten percent above the maximum assessment for the previous year without a vote of the membership (b) From and after January 1 of the year immediately following the conveyance of the first lot to an Owner,the maximum annual assessment may be above ten percent by a vote of two thirds of the members who are voting in person or by proxy,at a meeting duly called for this purpose C After consideration of the current maintenance and future needs of the Association,the Association may fix the annual assessment at an amount not in excess of the maximum 4 Notice and Quorum for any Action Authorized Under Paragraph 3 and Paragraph 4 Written notice of any meeting called for the purpose of taking any action authonzed under paragraph 3 or 4 shall be sent to all members not less than thirty days or more than sixty days in advance or the meeting At the first meeting called,the presence of members or the proxies entitled to cast sixty percent of all the votes of the members shall constitute a quorum If the required quorum is not present,another meeting qe may be called subject to the same notice requirement,and the required quorum at the o subsequent meeting shall be one half of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty days following the preceding meeting. 5 Uniform Rates of Association Assessments Both annual and special assessments must be fixed at a uniform rate for all lots and may be collected on a monthly basis 6 Date of Commencement of Annual Association Assessments-Due Dates The Annual assessments provided for herein shall commence as to all lots on the first day of the month following the conveyance of a common area The first annual assessment shall be adjusted according to the number of months remaining in the calendar year The Board of Directors as provided it the Bylaws shall fix in advance the amount of the annual assessment against each lot at least thirty days in advance of each annual assessment period Written notice of the annual assessment shall be sent to every Owner subject thereto The due dates shall be established by the Board of Directors The Association shall,on demand,and for a reasonable charge,furnish a certificate signed by an officer of the Association setting forth whether the assessment of a specified lot has been paid A properly executed certificate of the Association as to the status of assessments of a lot is binding upon the Association as to as of the date of its issuance 7 Effect of Nonpayment of Association Assessments-Remedies of The Association Any assessment not paid within thirty days after the due date shall bear interest from the due date at a rate of twelve percent per annum The Association may bring an action at law against the Owner personally obligated to pay the same,or foreclose the lien against the property in the manner provided for a Mechanics hen except that the -6- Association shall not be limited by the notice and time provision of RCW 60 4,et seq No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the common area or abandonment of hislher lot 8 Subordination of the Lien to Mortgages The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage The sale or transfer of any lot shall not affect the assessment hen However,the sale or transfer of any lot pursuant to mortgage foreclosure,or any proceeding in lieu thereof,shall extinguish the lien of the assessment as to payments which became due prior to such sale or transfer No sale or transfer shall relieve such lot from liability for any assessments therefor becoming due,or from the liens thereof. ARTICLE VII GENERAL PROVISIONS 1 Enforcement The Association,or any Owner,shall have the right to enforce,by any proceeding at law or equity,all restrictions,conditions,covenants,reservations,liens and charges now or hereafter imposed by the provisions of this Declaration Failure by the Association or by any Owner to enforce any Covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so hereafter CID 2 Severability Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wayaffect anyother provisions which shall remain in full force and affect 3 Amendment The covenants and restrictions of this Declaration shall run with and bind the land,for a term of twenty years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten years Until such time as seventy percent of the lots are sold,Declarant shall have sole authority to amend this Declaration After this time,this Declaration may be amended during the first twenty year period by an instrument signed by not less than seventy percent of the lot Owners,and thereafter by an instrument signed by not less than fifty one percent of the lot Owners Any amendment must be recorded 4 Annexation Additional residential property and common area may be annexed to the properties with the consent of two thirds of the members IN WITNESS WHEREOF, The undersigned,being the Declarant herein,has hereunto set its hand and seal this 2o'� day of D.ee . 2001 Pool Brothers Construction L L C By -7- EASEMENTS FOR"CANDLEWOOD"DEEDS gxki6i4 "A" PRIVATE INGRESS,EGRESS AND UTILITY EASEMENT AN EASEMENT FOR PRIVATE INGRESS, EGRESSS AND UTILITIES PURPOSES OVER, ACROSS AND ALONG THE WEST 26 FEET OF THE EAST 91 50 FEET OF THE NORTH 212 34 FEET OF THE HEREIN DESCRIBED"TRACT A", ALSO A 22 FOOT WIDE STRIP OF LAND, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER OF SAID'TRACT A", THENCE N 89° 06' 10" W ALONG THE NORTH LINE THEREOF 78 50 FEET, THENCE S 1° 52' 24"W 223 34 FEET, THENCE S 88°07'36"E 47 00 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED STRIP OF LAND,THENCE N 88°07'36"W 94 00 FEET AND THE TERMINUS OF THE HEREIN DESCRIBED STRIP OF LAND, ALSO TWO RADIAL FILLETS WITH A RADIUS OF 24 FEET AND A DELTA ANGLE OF 90°00' 00" LYING AT THE NORTHEAST AND THE NORTHWEST JUNCTION OF THE LAST ABOVE DESCRIBED STRIP OF LAND WITH THE FIRST ABOVE DESCRIBED STRIP OF LAND, ALL LYING WITHIN THE HEREIN DESCRIBED'TRACT A" 15'CITY OF RENTON UTILITIES EASEMENT A CITY OF RENTON UTILITIES EASEMENT BEING DESCRIBED AS THE WEST 15 FEET OF THE EAST 96 FEET OF THE NORTH 243 34 FEET OF THE HEREIN DESCRIBED'TRACT A", ALSO A CITY OF RENTON UTILITIES EASEMENT BEING DESCRIBED AS THE WEST 5 FEET OF w THE EAST 101 FEET OF THE SOUTH 10 FEET OF THE NORTH 20 FEET OF THE HEREIN DESCRIBED'TRACT A" cv car "TRACT A" THE WEST 157 FEET OF THE EAST 160 FEET OF TRACT 35, HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADDITION TO SEATTLE, DIVISION NO 1, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 63, RECORDS OF c.s KING COUNTY,WASHINGTON, SUBJECT TO AND TOGETHER WITH ALL EASEMENTS, RIGHTS OF WAY, RESTRICTIONS AND OBLIGATIONS OF RECORD SITUATE IN THE CITY OF RENTON,COUNTY OF KING, STATE OF WASHINGTON arr 0.• OFw dtip /cc ct 9ps F •P�QA -8- SJ wvAf. NO EXPIRES 4._ '711,,,11,1111,111,4,1•14„ .. (2 - --c3 1