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HomeMy WebLinkAboutRC 9806190454 • Return Address: City Clerk's Office City of Renton 200 Mill Avenue South Renton WA 98055-2189 Please print or type information Document Title(s): DECLARATION OF RESTRICTIVE COVENANTS — PLAT OF SCOTT GLEN Reference Number(s)of Documents assigned or released: [on page of document(s)] dr" Grantor(s)(Last name first,then first name and initials): 1. Scott, Gary 2. . r,A: 3. O 4. 0 Additional names on page of document z Grantee(s)(Last name first,then first name and initials): 1 Homeowners Association of Scott Glen 2. 3. 4. 0 Additional names on page of document Legal Description(abbreviated: i.e. lot,block,plat or section,township,range): il.at of Scott Glen cz% 1-- C2 O -0111 U' Ci Additional legal is on page of document !Assessor's Property Tax Parcel/Account Number: V. Not needed Additional legal is on page of document C2 n The Auditor/Recorder will rely on the information provided on the form. The staff will not read the o document to verify the accuracy or completeness of the indexing information provided herein. i • WHEN RECORDED RETURN TO: Office of the City Clerk Renton Municipal Building i 200 Mill Avenue South Renton,WA 98055 DECLARATION OF RESTRICTIVE COVENANTS PLAT OF SCOTT GLEN We the undersigned, being the owners of all lots, tracts, and parcels of land situated within the boundaries of that certain subdivision, know as Scott Glen (hereinafter called The Subdivision) , make the following declaration of restrictions on said Scott Glen Lots 1 through 11 to the Public. There is hereby established a common plan for the development, improvement, maintenance and protection of the real property embraced within the certain subdivision know as Scott Glen as per plat thereof recorded in the office of the Auditor of The County of King, State of Washington. The following covenants are imposed pursuant to the common plan. They are I«, designed for the mutual benefit of the building sites in said tract, and shall In pertain to and pass to each building site therein, and shall bind all persons, er together with their representative successors in interest, who may at any time, Cr) and from time to time, own said property. TA .CD J ARTICLE I OD Definitions Section 1.Association shall mean and refer to SCOTT GLEN HOMEOWNERS ASSOCIATION, and its successors and assigns. Section 2.Owner shall mean and refer to the record owner, whether one or more person or entities, of a fee simple title to any lot which is a part of the properties, including contract purchaser, but excluding those having such interest merely as security for the performance of an obligation. Section 3.Lot shall mean and refer to any plot of land shown upon the recorded subdivision map of the properties. Section 4.Declarant shall mean and refer to Emerald City Homes, Inc., and its successors and assigns if Such successors or assigns should acquire for the purpose of development or construction of all or substantially all of the properties owned by Emerald City Homes, Inc. in the plat of Scott Glen. section s.Declaration shall mean and refer to the declaration of covenants, and restrictions applicable to the Properties recorded in the office of King County Recorder. ARTICLE II Acceptance of Covenants In Consideration of the Acceptance hereof by the several purchasers and grantee of deeds to the lots- in said Subdivision, their heirs, devisees, personal representatives, successors, and assigns, and all persons or concerns claiming Scott Glen Declaration of Restrictive Covenants 1 by, through or under such grantees, they declare to and agree with each and every person who shall be or who shall become an owner of any of said lots, that said lots shall be and hereby are bound by the covenants set forth herein, and that the lots included in said Subdivision shall be held and enjoyed subject to and with the benefits and advantages of the protective covenants, restriction, limitation, conditions and agreements hereinafter set forth. All property in the Subdivision shall be used solely and exclusively for private single family residences, with appurtenant garages, and no lot shall be further divided. Each owner shall maintain his lot and residence thereon in a clean and attractive condition, in good repair and in such fashion as not to create a fire hazard. II ARTICLE XII Membership and Voting Rights Section 1. Every owner of a lot, which is subject to assessment and all lots held for sale by Declarant, shall be a member of the Association. Membership shall be appurtenant to any and may not be separate from ownership and any lot that is subject to assessment. Section 2. The Association shall have two (2) classes of voting membership. Tr ul Class Ae Class A members shall be owners with the exception of the Tr Declarant and shall be entitled to one (1) vote for each lot owned. When CD more than one person holds an interest in any lot , all such persons shall !') be members. The votes for such lot shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be case 4 with respect to any lot. QD Class He Class B members shall be the Declarant and shall be entitled to three (3) votes for each lot Owned. The Class B membership shall cease to be converted to Class A membership on the happening of either the following events, whichever occurs earlier. (a) When the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership, or (b) on January 1, 2000. ARTICLE IV Covenants for Maintenance Assessment Section 1, Creation of the Lien and PerSonal Obligation of Assessments. The Declarant, for each improved lot owned within the Subdivision hereby covenants, and each owner of any lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association annual or monthly assessments or charges: and, The assessments, together with interest, costs and reasonable attorney fees, shall be 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, and reasonable attorney fees, shall also be the personal obligation of the person who was the owner of such property at the time the assessment fell due. Section 2. Purpose of Assessments. The assessment levied by the Association shall be used exclusively for the construction, maintenance repair, and 2 Scott Glen Declaration of Restrictive Covenants preservation of any real property taxes, utility, insurance, part-playground. Assessments may also be levied to pay for any professional services or consultation incurred by the Association in carrying out it duties. Section 3. Maximum Annual Assessment. The initial maximum assessment shall not exceed the sum of One Hundred Dollars per year. The annual assessment may be paid in equal monthly payments. Said monthly payment are referred to herein as mo nthly assessments. (a) In December of each year, the Association or Its elected representative or elected Board of Directors, if any, shall make a reasonable estimate of expenses which will be incurred in the next calendar year and fix the amount of the assessment for that year. The assessment shall not exceed the Maximum Annual Assessment. (b) The Association may increase the Maximum Annual Assessment up to an increase of ten percent (1010 over the previous Maximum Annual Assessment if a simple majority (519;) of the total membership who are voting in person or by proxy at the meeting duly called for the purpose, with written notice given, vote in favor of such increase. (c) The Association may increase the Maximum Annual Assessment of an increase of over ten percent (10%) over the previous Maximum Annual Assessment if a two-thirds (2/3) majority of the total membership who are lvoting in person or by proxy at a meeting duly called for the purpose, with C written notice given, vote in favor of such increase. rA Section 4. Exception to Maxims= Assessment Limitations. The limitations of CL Maximum Annual Assessment under Section 3 of this Article. shall not apply with respect to a Special Assessment against a member imposed by the Board to reimburse the Association for costs and attorney fees incurred in bringing the Cr". Owner or Homes and/or Lot into compliance with the provisions of the Declaration. Section 5. Notice and Quorum for Any Action Authorized under Section 3. Written notice of any meeting called for the purpose to taking any action authorized under Section 3 shall be sent to all members not less than ten (10) days in advance of the meeting. Section 6. Uniform Rate of Assessment. All assessments must be fixed at a uniform rate for all lots and may be collected on a monthly basis, provided, that any vacant or unimproved lot owned by Declarant shall not be subject to any assessment or charge herein. Section 7. Date of commencement of Assessments Due Dates. As to each particular lot involved, the liability for the assessments. shall begin on January lst of the first full year following the conveyance of the first lot to an owner Or on the first day of the calendar month following the date of any deed or contract of sale for the lot, or on the first day of the calendar month following occupancy of the premises, whichever is latter. The assessments may be budgeted on an annual basis (referred to herein as annual assessment ) ; subject to adjustments according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the assessments against each lot at least thirty (30) 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 and unless otherwise stated, the annual assessment shall be payable in equal monthly installments and shall be due on the first day of Scott Glen Declaration of Restrictive Covenants 3 A each month. The Association shall, upon demand, and for a reasonable charge, furnish a statement of certificate signed by an officer of the Association setting forth whether the assessments on a specified lot have been paid. Section 8. Effect of Nonpayment of Assessments' Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest for the due date at the rate of eighteen percent(181) per annum. Unpaid assessments, plus interests, costs and attorney fees shall create a lien on the property. The Association may bring an action at law against the owner personally obligated to pay the same or foreclose the lien against the property. Section 9. Subordination of the Lien to Mortgages. The Lien of the assessment proved for herein shall be subordinate to the lien of any first mortgage (and to the lien of any second mortgage given to secure payment of the purchase price) now or hereafter placed on the lot, only in the event that the lien for delinquent assessments has not been recorded with the King County Auditor at the time of the recording of the mortgage lien . Notwithstanding any provision herein, the first mortgage when said mortgage is FHA, VA, or Fanny Mae Sale or transfer of any lot shall not effect the assessment lien. No sale or transfer shall relieve such lot from liability for any assessment thereafter becoming due or from the lien thereof. Section 10. Real Property Taxes. In the event real property taxes are assessed L on the park-playground and real property taxes shall become delinquent on the park-playground the total amount of the delinquent taxes shall be divided Cr) equally among all the owners and said portion of each owner's share of delinquent taxes shall be a lien on said owner's lot to the same extent as if e40 the delinquent tax was on the owner's lot. Alternately, the Association may, 0 in its sole discretion, declare the debt to be a debt of the Association and up levy a special assessment to collect the cost of payment thereof. Section 11. Subordination of the Lien of Taxes to Mortgage. The lien of taxes provided for herein relative to the Entry Sign only shall be subordinated to the lien of any first mortgage. No sale or transfer shall relieve such lot from liability for any taxes or from the lien thereof. ARTICLE V Architectural Control CoMmittee Section 1.Appointment and Membership. There is hereby constituted an Architectural Control Committee (the ACC ) . The Declarant shall have the right to select the members of the construction period ACC. Initially, the construction period Architectural Control Committee shall be Emerald City Homes, Inc. located at 6947 Coal Creek Parkway, *283, Newcastle, Washington, 98059. A majority of the ACC may designate a representative to act for it which representative shall be known as the control architect.. Neither the members of the ACC, nor the control architect, shall be entitled to any compensation for the services performed pursuant to these covenants. When the Declarant has sold and closed ninety-five percent (95%) of its lots, the then recorded owners of the lots shall have the power, through a duly recorded written instrument to change the membership of the committee to increase or decrease it number, or to withdraw any members from the committee. Section 2. Guidelines. The ACC shall have the authority to adopt and amend written guidelines to be applied in its review of pans and specification, in order to further the intent and purpose of its declaration and other covenants 4 Scott Glen Declaration of Restrictive Covenants • or restrictions covering the property. If such guidelines are adopted they shall be available to all member upon request. ARTICLE VI Dwelling, Quality and Size Section 1. The livable square footage floor area of the main structure, exclusive of one-story open porches and garages, shall be not less than 1500 square feet for a one-story dwelling, and not less than 1700 square feet for a dwelling of more than one-story. Section 2. All roofs are to be architectural composition, and of color chosen by Declarant. Section 3. All residential construction shall be completed within six (6) months following commencement of work including staining or painting of exterior. ARTICLE VII Landscaping Section 1. All front yards are to be landscaped within six (6) months following completion of construction. In the event of undue hardship due to weather conditions, this provision may be extended for a reasonable length of time upon approval of the Architectural Control Committee. ARTICLE VIII cn Building Location ODSection 1. No building shall be located on any nearer to the front line or nearer to the side street line that a minimum building set-back lines provided for in the laws, statures or ordinance° of the appropriate local government authorities. Section 2. All fences or boundary walls shall be constructed in accordance with Ring County codes and regulations and shall have the approval of the ACC. No fence, wall, hedge or mass planting other than a foundation planting (i.e. lawns, ground cover, etc.) shall be permitted to extend nearer to any street than the minimum building set-back line required, provided, further, that no fence, wall, hedge or mass planting shall extend higher than six (6) feet above the ground. Section 3. Recreational vehicles and boats may not be parked or stored on any of the streets and roads of the subdivision, but are permitted to be parked and stored within a garage, and/or side or rear yards, if properly screened from all other lots with a six (6) foot high cedar fence. ARTICLE IR Nuisance Section 1. No trade, craft, noxious or offensive business activity, commercial or manufacturing enterprise shall be conducted or carried on upon any residential lot or within any building located in this subdivision on a residential lot, nor shall any goods, equipment, vehicles including buses and trailers of any description, or materials or supplies in connection with any trade, service, or businesd wherever the same may be conducted, be kept, stored, dismantles or repaired outside any building on any residential lot nor shall any goods, equipment or vehicles including buses and trailers of any description, used for private purposes and not for trade or business be kept, stored, dismantled or repaired outside any building on any residential lot. Non offensive business activities such as bookkeeping, data processing, etc. are Scott Glen Declaration of Restrictive Covenants 5 allowable. No noxious or offensive activity shall be carried on upon any lot, nor shall any activity be carried or any other thing be done on any lot which may be or become an annoyance Or nuisance to or On any lot which may be or become an annoyance or nuisance to or decrease the value of the property of any neighbor or the neighborhood in general. ARTICLE X Temporary Structures Section 1. No structure of a temporary character, trailer, basement, tent, shack, barn or other outbuilding shall be erected, placed on or used on any lot at any time as residence either temporarily or permanently. Any out buildings or additions to a residence will be allowed only if the proper permits are received from the appropriate governmental agency. This shall not be deemed to prohibit any person authorized to build a residence or other permitted structure on the lot from placing a trailer on the lot during the period of construction. A sales trailer is authorized to be located in the subdivision with approval from the ACC. ARTICLE XI Signs Section 1. No signs of any kind shall be displayed to the public view on any lot except one professional sign of not more than one (1) square foot, one sign of Tr not more than five (5) square feet advertising the property for sale or rent, T. or signs used by the builder to advertise the property during the initial construction and sales period. O WI ARTICLE XII CdD O Oil and Mining Operations OD Oi Section 1. NO oil drilling, oil development operation, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot nor shall oil wells, tanks, tunnels, excavations or shafts be permitted upon or in any lot. No derrick or structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot. ARTICLE XIII Pets, Livestock and Poultry Section 1. Domestic household pets must be kept in individual yards. Such pets must be on a leash or under direct control of the owner when outside the owner's individual lot boundaries. All household pets are subject to existing and future governmental regulations or ordinances pertaining to them. Section 2. No animals, livestock or poultry of any kind shall be raised, bred, or kept on any lot and no building or other structure designed to house or contain 'ouch animals, livestock or poultry shall be erected, maintained or placed on the property, except that dogs, cats or other household pets may be kept and ordinary and unusual structures provided to house then, provided that they are not kept, bred, or maintained for any commercial purpose. 6 Scott Glen Declaration of Restrictive Covenants ARTICLE XIV Garbage and Refuse Disposal Section 1. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. Section 2. No debris, old cars or machinery, or lumber and building materials shall be stored on any lot, except that supplies and machinery currently being used in the construction of an approved dwelling may be stored in a neat workman like manner during the construction of said dwelling. All building materials and debris shall be cleaned up and removed format lot within thirty(30) days following the completion of the dwelling. Yard raking, dirt and other materials resulting from landscaping work shall not be dumped onto streets, other lots, or surrounding areas. ARTICLE XV Motor Vehicles Section 1. Unlicensed motor vehicles, including motorcycles, scooters, ATV's etc. shall not be operated on any property in said plat. Licensed vehicles shall not be operated so as to create an annoyance or nuisance to the neighborhood. All motor vehicles and operators of motor vehicles shall comply with the current state laws for licensing, equipment and operation. No owner shall permit any vehicle that is in extreme state of disrepair or inoperative `++ to be abandoned or to remain parked upon any lot, any street or common area 1.11 for a period in excess of forty-eight (48) hours. ARTICLE XVI 10) wl Parking O Section 1. No parking on private street. There will be no parking on NE 9th PL. OD Section 2. Covered and enclosed parking shall be provided for not less than one (1) car; plus a driveway for two (2) additional cars. The ACC can grant variances. ARTICLE XVII Antenna and Service Facilities Section 1. Exterior antenna or satellite receiving stations visible from the street shall not be permitted to be placed upon any lot or roof or any structure erected thereon unless approved by the ACC or are less than thirty inches (30) in diameter. Clotheslines and other service facilities shall be screened so as not be viewed from the street. ARTICLE XVIII Easements Section 1. Easements for utilities and drainage are reserved per face of recorded plat. Within these easement areas, not structure shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easement areas, or which may obstruct or retard the flow of water through drainage channels in the easement area. Scott Glen Declaration of Restrictive Covenants 7 r ARTICLE XIX Amendments Section 1. The previsions for restrictive covenants hereof may be amended, changed, revoked or terminated in whole or part by the Declarant or by petition signed by fifty-one percent (51%) of the lot owners of Scott Glen within thirty (30) days written notice to all current property owners of said plat of Scott Glen. ARTICLE XX General Provisions Section 1. Term. The covenants contained herein are intended to and do run with the land and shall be binding on all parties and persons owning or occupying lots in Scott Glen or claiming under them, for a period of fifty (50) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then recorded owners of all lots has been recorded, agreeing to change said covenants in whole or in part. Section 2. Enforcement. Any party of person owning real estate situated in the subdivision shall have the right to enforce these covenants by prosecuting any preceding at law or in equity against the person or persons violating any of Tr these covenants, either seeking to restrain such violation or to recover In damages for such violation, or both. Tr GD Section 3. Severability. Invalidation of any one or more of these covenants by a court of competent jurisdiction shall in no way affect the liability and 1:4t. enforceability of the remaining provisions and covenants, and its is intended Cr that all remaining covenants shall remain in force and effect. gD 0"d Article X,XI Subdivision Maintenance Section_ 1. The Homeowners Association shall be charged with the responsibility of Funding and maintaining open areas, storm water detention facility (Tract A), Private Road (NE 9th Place), and all storm water manholes located on Private Road (NE 9th Place) . The Association shall ensure that there is adequate funding available to maintain the storm drainage facility. The funding shall be allocated among the respective property owners on a pro rata basis subject to the decisions of the Architectural Control Committee regarding the amount of funding necessary to adequately maintain the storm drainage system. Section 2. The Association shall always have the responsibility to maintain the plat drainage facilities and emergency access roads unless those improvements are deeded or sold to a government agency that assumes the maintenance responsibility. Article XXII Aquifer Protection The lots created herein fall within Zone 2 of Renton's Aquifer Protection Area and are subject to the requirements of the City of Renton Ordinance #4367. This City's sole source of drinking water is supplied from a shallow aquifer under the city surface. There is no natural barrier between the water table and ground surface. Extreme care should be exercised when handling of any liquid substance(Petroleum Products)other than water to protect from contact with the ground surface. It is the owners responsibility to protect the City's drinking water. 8 Scott Glen Declaration of Restrictive Covenants • State of Washington ) ) ss. County of King ON THIS DAY personally appeared before me G o f Ce fi' to me know to be the Owner, described in and who execute the within and foregoing instrument, and acknowledged that here signed the same as his free and voluntary act and deed for the uses and purposes thererMentioned. Given under my hand and official seal thisI1r day of Z-L`.^"Q , 199 MARIA�LFMING LLQ D �. Notary Public in and for the Sta of Washington, residing in l..J(gc. ( \GE F4 `‘ My commission expires 1,(e- 6 q scion•E 4 ++ 1 p :o°,OTARy�N ri �Pktp, PUBL C A1. IHI Scott Glen Declaration of Restrictive Covenants 9