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Home My WebLink AboutRC 20000511001533 v Return Address: 20000511001533 CITY OF RENTON COV 11.00 PAGE 001 OF 004 WHEN RECORDED RETURN TO: 0I/11/2NG 000Y14:338 - Office of the City Clerk Renton City Hall 1055 South Grady Way Renton,WA 98055 Recorder's Indexing Form Document Title(s): 1. Declaration of Covenants,Conditions and Restrictions Reference Number(s)of Documents assigned or released: Grantor(s): 1. Londo-Tiberio Construction Additional names on page of document. Grantee(s): 1. Londo-Tiberio Construction , `n' Li Additional names on page of document. Legal Description: Plat of Honey Creek Heights v-- (abbreviated) Additional legal is on Exhibit A of document. Assessor's Property Tax Parcel/Account Number: 042305-9151-02 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE PLAT OF HONEY CREEK HEIGHTS KING COUNTY,WASHINGTON THIS DECLARATION is made on this d' day of 449/L , 2000, by LONDO-TIBERIO CONSTRUCTION, INC., a Washington corporation (hereinafter referred to as "Declarant"), which is the owner of certain land situated in the State of Washington, County of King, known as the Plat of Honey Creek Heights, defined and more particularly described on Exhibit A (the "Plat"), which is attached hereto and incorporated herein by this reference, which term shall be deemed to automatically include any additional properties subjected to the terms of this Declaration as specified herein. NOW THEREFORE,the undersigned hereby declares that all of Honey Creek Heights as defined herein, and the buildings and structured hereafter constructed shall be, held, sold, and conveyed subject to and burdened by the following covenants, conditions, restrictions, and easements, which are for the purpose of enhancing and protecting the value and desirability of Honey Creek Heights for the benefit of the Owners thereof, their heirs, successors, grantees, and assigns. All provisions of this Declaration shall be binding upon all parties having or acquiring any right, title, or interest in Honey Creek Heights or any part thereof, and shall inure to the benefit of the Owners thereof and to the benefit of the Association and are intended to be and shall in all respects be regarded as covenants running with the land. ARTICLE I DEFINITIONS Section 1.1: "Declarant" shall mean and refer to Londo-Tiberio Construction, Inc., a Washington corporation, and its successors and assigns, if such successors or assigns should acquire all or substantially all of the then undeveloped parcels of Honey Creek Heights from Declarant for the purpose of development. Section 1.2: "Mortgagee" shall mean and refer to the holder or beneficiary of any recorded mortgage or deed of trust encumbering one or more of the Lots. Section 1.3: "Owner" shall mean and refer to the record owner (whether one or more Cr, persons or entities) of a fee interest in any Lot, but excluding Mortgagees or other persons or entities having such interest merely as security for the performance of an obligation. ARTICLE II COVENANTS Section 2.1: Maintenance of Access Easement Area. The Owners of Lots 13 and 14 shall be jointly and equally responsible for the maintenance of the access easement over Lot 13 and serving Lot 14. Said access easement is described on the face of the plat. Section 2.2: Maintenance of Access Easement Area. The Owners of Lots 5, 6, 7, and 8 shall be jointly and equally responsible for the maintenance of the access easement over Lots 5 through 8 and serving Lots 5 through 8. Said easement is described on the face of plat. Section 2.3: Drainage Covenant. Every Owner of a lot in the plat of Honey Creek Heights shall be jointly and equally responsible for maintaining all of the drainage facilities located in the plat of Honey Creek Heights. ARTICLE III GENERAL PROVISIONS Section 3.1: Enforcement. Any Owner, shall have the right to enforce by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a 2 F waiver of the right to do so. Failure by the Owners to enforce any covenant or restriction shall result in the right of the City of Renton to enforce the covenant or restriction. Section 3.2: Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no ways affect any other provisions which shall remain in full force and effect. Section 3.3: Amendment and Extension. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten(10) years. This Declaration may be amended by an instrument signed by all of the lot owners. Any amendment must be recorded with the King County Recorder. IN WITNESS WHEREOF, the undersigned being the Declarant herein, has hereunto set its hand this a day ofi('U- , 2000. LONDO-TIBERIO CONSTRUCTION, INC. 0 B ,9;2-- c:-/eP �:. y 4-- Gerald Tiberio, Vice President Com. STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Gerald Tiberio is the person who appeared before me and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Vice-President of Londo-Tiberio Construction, Inc. to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: &fl-k-(/ 'f) 2000 . Notary Seal o`er OOTA 53%Z (a'/ l�di'll�P�'I (Print Name) i •v ti Notary Public PUBLIC My appointment expires: Jr7/4/d rt. ..; r6 o? per % Qel/AS4� 999999.811521/70205 vi 3 EXHIBIT "A" LEGAL DESCRIPTION -- THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 23 NORTH. RANGE 5 EAST, WILLAMETTE MERIDIAN. IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT A PONT 45.00 FEET SOUTH AND 30.00 FEET EAST OF THE SOUTHWEST CORNER OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 4; THENCE SOUTH 8816'55" EAST 340.71 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 8816'55" EAST 370.71 FEET TO THE SOUTHERLY EXTENSION OF THE EAST UNE OF THE EAST HALF OF THE WEST 21.27 ACRES OF THE NORTH HALF OF SAID NORTHWEST QUARTER; THENCE NORTHERLY ALONG SAID EAST UNE AND THE EXTENSION THEREOF. 338 FEET; THENCE WEST 370.71 FEET; THENCE SOUTH .3.38 FEET, MORE OR LESS, TO 11-IE TRUE POINT r;. OF BEGINNING; cc— EXCEPT THE EAST 78.61 FEET OF THE WEST 741.42 FEET OF THE SOUTH 20 FEET OF THE NORTH 45 FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 4. 0 cv