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Home My WebLink AboutRC 20020211002618 - When Recorded,Return to: 20020211002618 Office of the City Clerk CITY 001ROFT012 PC 20.00 Renton City Hall KING1COUNTY,. WA6 1055 South Grady Way Renton, Washington 98055 DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS APPLICABLE TO THE BLUFFS,A RESIDENTIAL COMMUNITY era Grantor: BRE Properties, Inc. G Grantee: N/A Legal Description(abbreviated): c ® Additional on: Schedule 1_. N Assessor's Tax Parcel ID #: 334450-0390-06; 334450-0345-02; 052305-9072-07; N 052305-9034-04; 052305-9036-02; 334450-0080; 334450-0084-07; 334450-0093-06; 334450-0375-05; 334450-0395-01; 052305-9039-09; 334450-0415-07; 334450-0340-07 Reference Nos. of Documents Released or Assigned: ARTICLE 1. DECLARATION 1.1 This Declaration of Covenants, Conditions, Easements & Restrictions ("Declaration") is made on the date hereinafter set forth by BRE Properties, Inc., a Maryland corporation, which is the owner of all that certain real property located in the City of Renton, within King County and the State of Washington, commonly known as The Bluffs, a Residential Community ("The Bluffs") and more particularly described on SCHEDULE 1, attached hereto and incorporated herein by this reference. 1.2 Owner wishes to adopt specific covenants, conditions and restrictions to guide the design, development and use of The Bluffs. • 1.3 Owner hereby declares that all of the real property within The Bluffs shall be held, sold, leased, used and conveyed subject to the covenants, conditions, restrictions, easements, reservations, charges and liens set forth in this Declaration (hereinafter collectively referred to as "Covenants"). The Covenants shall inure to the benefit of and shall burden the real property within The Bluffs and shall run with the land and shall apply to and be binding upon all parties now or hereafter having or acquiring any right, title, or interest in the real property within The Bluffs or any part thereof, and shall be binding upon their heirs, successors and assigns, in perpetuity. ARTICLE 2. PURPOSE AND INTENT 2.1 These Covenants are adopted for the mutual and reciprocal benefit and protection of all present and future Owners, occupiers, users, and lessees of real property within The Bluffs. The Covenants are intended to protect the value of the property within The Bluffs and to ensure that the property will be developed, used, occupied and improved in compliance with the Permit Approvals. 2.2 The purpose of the guidelines and criteria set forth in the Covenants contained in this Declaration is (1) to ensure the preservation and protection of the Greenbelt Areas on the Property; (2) to provide for joint use by all residents in The Bluffs of the Recreational Amenities; and (3) to ensure that building exteriors, common facilities and landscaping are properly maintained and repaired. cct ARTICLE 3. DEFINITIONS 3.1 `BUILDING(S)" means any building or improvements constructed on the Property. ct 3.2 "COMMON FACILITIES" means those common recreational facilities located c on the Property (such as pool and game room) as may be designated from time to time by Owner. 3.3 "COVENANTS" means this Declaration of Covenants, Conditions, Easements and Restrictions Applicable to The Bluffs and all covenants, conditions, easements and restrictions contained herein. 3.4 "GREENBELT" means that certain portion of the Property identified as greenbelt/steep slope area and cross-hatched on the site plan attached hereto as SCHEDULE 2 and legally described on SCHEDULE 3. 3.5 "PERMIT APPROVAL/PERMIT APPROVALS" means those certain City of Renton permits and governmental approvals applicable to and imposed upon development within The Bluffs. 3.6 "OWNER" means BRE Properties, Inc., a Maryland corporation, and its successors and assigns. In the event that Ownersells, conveys, transfers or assigns its interest as 2, • T • Owner under these Covenants, Owner shall thereafter have no further obligation under this Declaration. 3.7 "PROPERTY" means that certain real property legally described in SCHEDULE 1 attached hereto, together with any and all beneficial rights and easements appurtenant thereto. 3.8 "THE BLUFFS" means that certain residential project constructed on the real property as legally described on SCHEDULE 1 and shown on the site plan attached hereto as SCHEDULE 2. 3.9 INTENTIONALLY DELETED. ARTICLE 4. CERTAIN DEVELOPMENT STANDARDS 4.1 DENSITY; HEIGHT. The maximum overall residential density at full build-out of the Property shall be no more than 8.1 dwelling units per acre (which is equivalent to a maximum of 180 units), and the maximum building height shall be 50 feet (with exceptions as permitted in the City of Renton Zoning Code), except as may otherwise be approved by the City of Renton. 4.2 ACCESS TO COMMON FACILITIES. Each resident of The Bluffs shall have a limited license to access and use the Common Facilities on a common basis with all other ces residents, but only for so long as and to the extent that that individual is a tenant of The Bluffs. Cc? The Owner may from time to time establish reasonable rules governing the time and manner of a use of the Common Facilities, including limitations or prohibitions on use of the Common Facilities by non-residents of The Bluffs, and residents' use of the Common Facilities shall be conditioned upon compliance with such rules and regulations. Nothing herein shall be construed in any way to grant to any party any easement rights or other rights of use or possession of the Common Facilities. t� ARTICLE 5. LANDSCAPING 5.1 LANDSCAPE PLAN. A landscape plan for The Bluffs will be implemented in accordance with site drawings approved by the City of Renton. 5.2 MAINTENANCE. All landscaping located on the Property shall be maintained and irrigated by the Owner and the Owner shall be responsible for ensuring that the landscaping be kept in a healthy, attractive condition and that the landscaped areas will be kept free of trash, litter, waste, and weeds. Owner shall replace any and all new landscaping that has died or has been severely damaged through improper maintenance (i.e. improper or excessive pruning). 3 �� ARTICLE 6. MAINTENANCE REQUIREMENTS 6.1 REGULAR MAINTENANCE REQUIRED. The maintenance, upkeep, and repair of the Buildings and the Common Facilities shall be the sole responsibility of the Owner. The Owner shall keep the Buildings and the Common Facilities, including but not limited to recreation areas, parking and pedestrian areas, and all Building exteriors, in a good state of repair and in a safe, clean, neat and sanitary condition at all times. The Owner shall clean, maintain and repair all exterior walls and roofs of all Buildings on the Property. Owner shall replace, at Owner's expense, any glass or windows or doors that may become cracked or broken, and shall repaint, repair or otherwise restore the "exterior shell" of any Building within a reasonable time after Owner receives notice that such painting or restoration is warranted. ARTICLE 7. GREENBELT RESTRICTIONS 7.1 PROHIBITED USES. These Restrictions impose upon all present and future owners and occupiers of the Greenbelt an obligation to leave undisturbed all trees and other vegetation within the Greenbelt (the Protection Restriction"). The vegetation within the Greenbelt may not be cut, pruned, covered by fill, removed or damaged without express written permission from the City of Renton, which permission shall not be unreasonably withheld, conditioned or delayed. cca The Protection Restriction shall run with the land and shall be binding on all present and o future owners and occupiers of the Greenbelt. 0 Except as specifically permitted in Section 7.2 below, the following uses and practices in the Greenbelt shall be prohibited: 7.1.1 The placement, installation or construction of any buildings, structures, or •o other improvements of any kind(including, without limitation, roads and parking lots). 7.1.2 The installation of any utility system or component or item of such a system including, without limitation, water, sewer, drainfield, electrical power, fuel or communications, except as required by applicable law. 7.1.3 Logging,pruning, or cutting of any timber, shrubs, grasses or other flora. 7.1.4 Any residential, agricultural, commercial or industrial use of, or activity on, the Greenbelt. 7.1.5 Construction of any roads, trails, or paths for vehicular use. 7.1.6 The grading or other alteration of the terrain and existing landforms of the Greenbelt, including, without limitation, the excavation or removal of soil, sand, gravel, rock; peat or sod, except as may be required in the course of any activity permitted herein. 7.1.7 Paving of any surface on the Greenbelt. 7.1.8 The sale of the Greenbelt separate and apart from the remainder of the Property without the prior written approval of the City of Renton. The restrictions contained in this Section 7.1 shall run with the land and shall be binding on all present and future owners and occupiers of the Greenbelt. 7.2 PERMITTED USES. Notwithstanding any other provision of this Declaration, Owner reserves the right to use the Greenbelt as follows: 7.2.1 With the express written approval of the City of Renton, which approval shall not be unreasonably withheld, conditioned or delayed, to construct, use, maintain, repair and reconstruct other improvements as necessary to maintain, preserve, and enjoy the wildlife values of the Greenbelt. 7.2.2 To eradicate or control non-native invasive species present on the Greenbelt. 7.2.3 With the express written approval of the City of Renton, which approval shall not be unreasonably withheld, conditioned or delayed, to cut or prune shrubs, grasses, dangerous trees or other flora necessary to preserve the natural habitat of the Greenbelt, to prevent slide hazards, to protect public health or safety, or as actively required by and subject to o compulsion of any governmental agency with authority to require such activity and use. 7.2.4 With the express written approval of the City of Renton, which approval shall not be unreasonably withheld, conditioned or delayed, to undertake other activities o necessary to prevent erosion, slide, or flood hazards, or to protect public health or safety on the cv Greenbelt or adjacent public or private property, or which are actively required by and subject to o compulsion of any governmental agency with authority to require such activity and use. 7.2.5 To remove any wastes,refuse, or other debris from the Greenbelt. 7.2.6 With the express written approval of the City of Renton, which approval shall not be unreasonably withheld, conditioned or delayed, to construct fences and other security measures. 7.2.7 To construct, maintain and operate unpaved private trails for use by residents of The Bluffs, their guests and invitees. Nothing herein shall be construed to impose any obligation on Owner to conduct any of the foregoing activities. 7.3 NOTICE OF INTENT TO UNDERTAKE PERMITTED ACTIVITIES. 5. BRE PROPER IES INC., a Maryland co oration ? /gyp- B By Name: /Pete Rocereto Title: Vice President CO1-012, 0 STATE OF ) ) ss. COUNTY OF KING ) On this day personally appeared before me Pete Rocereto, to me known to be the Vice President of BRE Properties, Inc., the Maryland corporation that executed the foregoing instrument, and acknowledged such instrument to be the free and voluntary act and deed of such corporation, for the uses and purposes therein mentioned, and on oath stated that he was duly authorized to execute such instrument. -14 GIVEN UNDER MY HAND AND OFFICIAL SEAL this c7j(� 'day of J 7uoyq 2001. J ccr %VIA t/ ie-g(-- o Pried Name ` na. dvi -e NOTARY PUBLIC in and for the State of a! lab Shillgterli, residing at .be Iver CD unit CD My Commission Expires cv 164273v3 o Jana M.Tebbe My Commission Expires ,.•.•.d H,11/,.,,y 0� .,. April 12,2005 E0 ted: v o -; O _ :C4 A S _ 8 SCHEDULE 1 DODDS CONSULTING ENGINEERS, INC. PS BELLEVUE WA 98007 DCE Project No: 97169 8/31/98, Rev 02/02/2002 Consolidated Legal Description for The Bluffs Tracts 317 through 322, 334 through 335, 344 through 346, and 348 through 353, C.D. Hi[mans Lake Washington Garden of Eden, Division No. 5 according to the plat thereof as recorded in Volume 11 of Plats, page 83, records of King County, Washington; AND that portion of the Pacific Coast Railroad Company's Newcastle Branch right- of-way being a strip of land 200 feet wide bounded on the north by the westerly production of the north line of said tract 334 and on the south by the westerly production of the south line of said tract 317; AND that portion of Third Avenue (AKA NE 20th Street and SE 104th Street) lying within said railroad right-of-way; EXCEPTING THEREFROM, any portion of the above described property lying easterly of the westerly margin of Primary State Highway No. 1 (SR 405) and Q westerly of the easterly margin of Lake Washington Blvd. North; TOGETHER WITH those portions of vacated Lake View Boulevard which attach o thereto by operation of law. c=> SUBJECT TO City of Renton Lot Line Adjustment LUA-00-093-LLA as recorded under Recorder's No. 20001018900004 and subject to a boundary line agreement as recorded under Recorder's No. 20010425001979, all in records of King County, Washington. All situate in Government Lots 2, 3, and 4 of Section 5, Township 23 North, Range 5 East, W.M. in the City of Renton, King County, Washington. 1 . • . .. . 2002 0 2 1 1 0 0 2 6 1 5 . • . 1 ...,,,, ._ ..„ . ......... . ......., -.......-...... ....,, .... • Oa. „...,........ '.'",,..,.,. . .,. ...-''''''' '-''..•. ft? ...,..,... .s-'-...............,...,....... .........,............ , • OATS OF '1/ CZEANBELT I / `,....,.....,.... I l; Wi '.....,.... / / , •".......... I , .--.•-..., / '' ..:....,---;;::,' . '. .,''., -...1'.. •0 /-.. 405 ...._ --,—,-- --_, —-—---, :II/ 11211 * '•:',,,,2r- ---- w!iF," —,. 4,( .44"-•;-- -n ot. , .......,.„....oz. ------LJ 1: ! --_, *.y.....t, -------,„•,,44, -----,____ .. 1 ------- i • ..... P;,.4,,. ..,..,_-.7.'"--,.°--F,-----.---- . .. ud --,. ktk• rri •, 7, / • C - ./47;Ps '1 ,. I . ,1---1 4 ----- LEL.. 7 ---1, _It ., ._r- i 41•111M ili- ;2 ..• ' Li=._'..._;-: ,[?...,I I SCALE: 1" = 50' f( . I Irlf-16 te:illi 1,,, / ,, ____ ___. . I __F I IIII \\\ .As. \ :\`‘ , - l',\ NW ti PROJECT STATISTICS : \,i2 1:- .•11Tiumno. 1;1W %,,..1.-7.• 7,-,7,...17,'"`" rAx LOT NO. o ' A14:::.;:ret•a'Ll1:•:k•a[LERO .. ! ', ' X\ Mt ': .'- nig 4.:441 .v31:.1.• P;1117.1:91.74 .=„ .,.,n•, \ ,,, Acit......481.. "allt....-a... C.1.00.16 0.P.6.0 44 -1_ ---, =21.",T116:tr''' :11Tat,2, I I I ' ' ,. .4 , '''''• ',,, MIIVI.M.Cli Ingall- '"''''''''""'"' 4,neer.......r..... TOTAL PROVIVED. W.n,*°'.'" S S _.)J i (,' ... • .,. , 1 „,,. 1 "Rev.sec> I/3.,./2oet_,WS.11GODS 1?E.•,i'L.S. :.., , " L ,____. ___ ___ ___ . ...if 111—II-11 E Et IL_U-1 F FS SITE 11=='•IL_44 NI ___ — _ _ _ ______. _ _ .__.________...4IL. . LAKE WASHINGTON ELM NE SHEET 1 OF 2 -- •-- — ._._ _ _, _ . . -- • • 1 • 2002 021 1002613 . r.FNo sEcumr�u T ,OE NIKYfS sugE srn,l (,'Er E05)55 - • r E OEvr co Ecrwa MEgCr�l[.+sN C<LrE I5 uxoF� MORE KOK `tp�/ roc Ix rvx umrs(plots q, \.` Q *w/s- • Or 24 e c %EEn.ragsl rce'x)-s umrs UONG 1..\ _ _ .�. uxosn ivc rnxEn - rs ro qF rmE . --` (s9uxxs5Vxe•umrs.ss u ns�s / • .s .I T „ _ �+z4° Ra /''405 ''' • NAN -4404,4r. �`y al L A. I yW �S .4....„,..7., ...,v,01.0, \A 0....100, arvi,....w. # - __ _ , \i&O, . �� lies,•, ,•, ,�� , 4 w' # m ' J' rMAY, i \I ,j� T N J ,'^+ dr,daffy v �,,, -_ !:}i71„,t+...'".,ty,„ ,0 e �- • /1 7 , $q as -.mw,4 "iy.'::;ff� s:;w lel f tS la rt, ! '.. t... Of I^€ E. iGr Z111 J„'� a 3 m 61,74 iff s wm ns - I EII '--__,..4 q 't. t -, 1.. .J SCALE 1 50 Il UNE MASNWCTON 0.w.NE —- ——--— THE BLUFFS SITE PLAN ' SHEET OF • • SCHEDULE 3 DODDS CONSULTING ENGINEERS, INC., PS BELLEVUE WA 98007 DCE Project No: 97169 01/21/2002 Rev 02/04/2002 Legal Description for The Bluffs Greenbelt Tracts 334 through 335, C.D. Hilmans Lake Washington Garden of Eden, Division No. 5 according to the plat thereof as recorded in Volume 11 of Plats, page 83, records of King County, Washington; AND that portion of the Pacific Coast Railroad Company's Newcastle Branch right- of-way being a strip of land 200 feet wide bounded on the north by the westerly production of the north line of said tract 334 and on the south by the westerly production of the south line of said tract 336; crt AND that portion of Third Avenue (AKA NE 20th Street and SE 104th Street) lying within said railroad right-of-way; a EXCEPTING THEREFROM, any portion of the above described property lying easterly of the westerly margin of Primary State Highway No. 1 (SR 405). All situate in Government Lots 2, 3, and 4 of Section 5, Township 23 North, Range 5 East, W.M. in the City of Renton, King County, Washington. 0