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Return Address:
City Clerk's Office
City of Renton
200 Mill Avenue South
Renton WA 98055-2189
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Please print or type information
Document Title(s):
Protective Covenants Running with the Land for Valley Vue Estates
Reference Number(s)of Documents assigned or released:
[on page of document(s))
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Grantor(s) (Last name first,then first name and initials):
1. Landmark Homes, Inc.
2.
3.
4. 0 Additional names on page of document
Grantee(s) (Last name first,then first name and initials):
1. City of Renton
2.
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3.
4. 0 Additional names on page of document
Legal Description (abbreviated: i.e. lot,block,plat or section,township, range):
`C) Portion of the SW 1/4 of the SE 1/4 of Section 19, Township 23 North,
Range 5 East, W.M.
❑ Additional legal is on page of document
Ass ssor' ppro�e��tt TT x parceUAAccount Nu be
722e200-1440,7Z2Y20 —0450-02; 72220 t52 60-00
0 Additional legal is on page of document
The Auditor/Recorder will rely on 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.
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PROTECTIVE COVENANTS RUNNING WITH THE
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LAND FOR
VALLEY VUE ESTATES
THIS INDENTURE and declaration of covenants running with the land made this z3,d
day of February 1998, by Landmark Homes, Inc., owner, hereinafter known as "declarant."
WITNESSETH:
WHEREAS, Declarant is the owner in fee of Valley Vue Estates addition to the City of
'Renton, Washington, and
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WHEREAS, it is the desire of Declarant said covenants be recorded and that said
protective covenants be thereby impressed upon said land, now therefore
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IT IS HEREBY MADE KNOWN THAT Declarant does by these presents make,
Q establish, confirm and hereby impress upon Valley Vue Estates, an addition to the City of
Renton, Washington, embracing records of King County, Washington, the following protective
covenants for the life of the project as follows:
1. The area covered by these covenants is the entire area described above.
2. No lot shall be used except for residential purposes. No building shall be erected,
altered, placed or permitted to remain on any lot other than a detached single-
family dwelling not to exceed two stories in height and a private garage for not
• more than three cars. Temporary "model home" real estate sales offices will be
considered a residential use until all houses have been built and sold on all subject
lots.
3. The total finished floor area in any one residential unit should be no less than
1,100 square feet for ramblers or two stories and 1,050 square feet for splits or tri-
levels with unfinished basements.
4. No T-111 siding will be used on the front exterior.
5. No building shall be located on any lot nearer to the front, rear, or side lot lines
than permitted by the code of the City of Renton unless a variance is obtained.
For purposes of this covenant, fireplaces, eaves, steps and open porches shall not
of containing pets other than a fence at property line conforming to the
requirements herein shall be allowed.
15. No individual water supply system shall be permitted on any lot.
16. No individual sewer disposal system shall be permitted on any lot.
17. No oil drilling, oil development operations, oil refining, quarrying or mining
operations of any kind shall be permitted upon or in any lot, nor shall oil wells,
banks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No
derrick or other structure designed for use in boring for oil or natural gas shall be
erected, maintained or permitted upon any lot.
18. No fence, wall, hedge or mass planting over three feet in height shall be permitted
to extend nearer to any street than the minimum setback line, except that nothing
shall prevent the erection of a necessary retaining wall. No fence, wall, hedge or
mass planting shall at any time where permitted extend higher than six (6) feet
above the ground.
19. No building shall be erected, placed or altered on any lot until the construction
07 . plans and specifications and a plan showing the location of the structure have been
0 approved by the Architectural Control Committee as to the quality of
1 workmanship and materials and harmony of external design with existing
structures, and as to the location with respect to site drainage, topography and
Cr)O finished grade elevation. Approval shall be as provided in Paragraph 23 and 24.
20. No lot or portion of a lot in this plat shall be divided and sold or resold or
ownership changed or transferred whereby the ownership of any portion of this
plat shall be less than the area required for the use district in which located.
21. No lot in this plat which remains unbuilt upon shall be sold or resold or ownership
changed by the original purchaser without approval of the new purchaser or
assignee by the developer.
22. The construction period Architectural Control Committee is composed of:
DAVID J. LITOWITZ
A majority of the committee may designate a representative to act for it. In the
event of death or resignation of any member of the committee, the remaining
members shall have full authority to designate successor. Neither the members of
the committee, nor its designated representatives shall be entitled to compensation
for services performed pursuant to this covenant. Upon the title transfer of the last
house on the last lot in the plat, the then existing construction period Architectural
Control Committee automatically passes on the powers and duties of the
Committee to the then-recorded owners of the subject property. The construction
period Architectural Control Committee then ceases to exist, and all functions of
said Committee shall be assumed by a new Architectural Control Committee
composed of three members who are owners of record and elected by simple
majority.
23. The Committee's approval or disapproval as required in these covenants shall be in
writing. In the event the Committee or its designated representative, fails to
approve or disapprove within 30 days after a complete set of 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 covenants shall be deemed to have been fully
complied with. The plan submittal shall include house elevations, square footage
or living area and a plot plan showing relative elevations of lot corners, driveway
and house location on lot, lot drainage and lot dimensions and setback.
24. These covenants are to run with the land and shall be binding on all parties and all
persons claiming under them for the life of the project.
25. This instrument may not be modified in any respect whatsoever or rescinded in
O whole or in part, except with the consent of the majority of the parties or their
G successors or assigns, duly executed and acknowledged by said parties, and duly
recorded by the County Recorder of King County, Washington. There shall be no
recession or modification of Paragraphs 24 and 29 at any time.
26. Enforcement shall be proceedings at law or in equity against any person or persons
• violating or attempting to violate any covenant either to restrain violation or to
recover damage. All legal and court costs required for enforcement shall be paid
by the person or persons violating these covenants.
27. The invalidation of any one of the covenants by judgment or court order shall in
no way affect any of the other provisions, which shall remain in full force and
effect.
28. Any owner shall have the right to enforce by any proceeding at law or in equity all
terms hereunder now and hereafter impose and the prevailing party in litigation, in
addition to any other sums which said party may recover shall be awarded
reasonable attorney's fees, court costs and any expense of litigation.
29. The Declarant as part of its application to the City of Renton, does not intend to
invade the sensitive areas of Tracts "A" and "B", and will reapply to the City
should there by any such invasion.
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30. The Homeowner's Association shall be charged with the responsibility of funding
and maintaining the storm drainage system that serves the real property that is the
subject matter of these covenants, conditions and restrictions. Association
maintenance shall include: Storm water storage vault "A" located underground on
Lot 16; all downstream appurtenances to vault "A"; storm manholes number 16
and 17; the bio-filtration located on Tract A; catch basin number 11 located on Lot
26. The Association shall ensure that there is adequate funding available to
maintain the storm drainage system. 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.
31. The Association shall 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.
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IN WITNESS WHEREOF, the undersigned have affixed their signatures.
Ltit
O � F
AVID J. LI WITZ
President
Landmark Homes, Inc.
State of Washington )
ss.
County of Pierce )
I certify that I know David J. Litowitz who 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 President of Landmark Homes, Inc. to be
the free and voluntary act of such party for the uses and purposes mentioned to the instrument.
• Dated: February 2,5 , 1998
i
O 0 0 Jce Of. Fujimoto!�
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Q 2Vgl�C � Notary in and for the State of Washington
l 2-* Residing at Tacoma, WA
4„ OF ��' My appointment expires: 02/26/2000