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Home My WebLink AboutRC 9801141449 4 • 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): ENRIGHT SHORT PLAT DECLARATION ON PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS Reference Number(s) of Documents assigned or released: [on page of document(s)] N/A Grantor(s) (Last name first,then first name and initials): vt" 1. Donald E. Enright ,4 4. 0 Additional names on page of document Grantee(s) (Last name first,then first name and initials): 1. City of Renton 2. 3. 4. 0 Additional names on page of document Legal Description (abbreviated: i.e.lot,block,plat or section,township, range): That portion at the NW quarter of the NW quarter of Section 3, township 23 4=. north, range 5 east, W.M. O LiJ 0 Additional legal is on page of document Assessor's Property Tax Parcel/Account Number: 032305-9204 0 Additional legal is on page of document a- 8 8The 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. 0 01 S o, ENRIGHT SHORT PLAT DECLARATION ON PROTECTIVE COVENANTS,CONDITIONS AND RESTRICTIONS THIS INDENTURE AND DECLARATION running with the land,made this 15 day of DECEMBER, 1997, by Donald E. Enright and Owners of Record ("Declarant"), WITNESSETH: 'Cr WHEREAS, Declarant is the owner in fee of certain real property H described as ENRIGHT SHORT PLAT, consisting of Lots 1 through 5 (the Lots), N recorded under King County Auditor's No. WHEREAS, Declarant desires to impose certain protective covenants Aupon the Real Property for the mutual benefit of all owners,present and future; NOW,THEREFORE, Declarant hereby declares as follows: ARTICLE I 1.1 Declaration. The Lots shall be held, sold and conveyed subject to easements, convenants, conditions and restrictions set forth herein, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of the Lots; such easements, covenants, conditions and restrictions shall run with the land and shall be binding on all parties having or acquiring any right,title or interest in any Lot and shall insure to the benefit of each owner thereof;and are imposed upon each Lot as a servitude in favor of each and every other Lot as the dominant tenement. 1.2 Term. This declaration shall be effective for an initial term, expiring December 31, 2010, and thereafter by automatic extension for successive periods of ten(10)years each, unless terminated,at the expiration of the initial term or any succeeding ten-year term by a Termination Agreement executed by the then owners of not less than one hundred percent(100%)of the Lots then subject to this Declaration. The lot owners must first receive approval and agreement from the City of Renton before the termination of this Declaration. 1.3 Architectural Control Committee. The Architectural Control Committee("ACC") shall consist of not more than three(3)members who shall be appointed initially by Declarant and remain in office until such time as one hundred percent(100%)of the Lots subject to this Declaration and any Supplemental Declarations have been sold to the consumer. At any time prior to the sale of one hundred(100%)of the Lots to the consumer, Declarant reserves the right to extend the initial appointment of the ACC for a period of time not to exceed four(4)years from the date of the extension. Declarant further reserves unto itself the right to dissolve the ACC appointed by Declarant,thereby vesting the membership of the Homeowners Association with the authority to meet and appoint a successor ACC. The ACC may designate a single person to act on behalf of the ACC. No member of the ACC shall be entitled to compensation. The initial ACC shall consist of Donald E. Enright, 2120 SW 338th, Federal Way,WA 98023. 1.4 Homeowners Association. A Homeowners Association shall be created to manage, administer and maintain the private road and utility easement of the Enright Short Plat. The name of the Homeowners Association shall be Enright Homeowners Association. "4 ARTICLE II 2.1 Homeowners Association. Every lot owner,by acceptance of a deed crl or contract for such lot, is hereby deemed to covenant and agree to membership in the Enright Homeowners Association, for the purpose of owning property and property right as common area for the benefit of homeowners, and for the purposes of maintaining, repairing, replacing, or improving any such property or any improvements placed thereon. Such membership shall be appurtenant to the lot owned by such lot owner and may not be transferred except by sale or transfer of the lot itself. Every lot owner is further deemed to covenant and agree to pay when due any and all dues, assessments, or other charges that may be levied from time to time by the Enright Homeowners Association, in accordance with these articles and/or the Articles of Incorporation of such Association, and any sums not paid within thirty(30)days of the date due shall become a continuing lien on the lot owned,which lien may be foreclosed by the Association. Any lien created hereby shall be subordinate only to any duly recorded purchase money mortgage, deed of trust or real estate contract which appears as a"first lien"against the lot. 2.2 Common Expense. The road maintenance expense shall be considered expense in common with all the lot owners. Common expense shall be inclusive of the cost of liability and casualty insurance in whatever amount in reasonable and deemed appropriate. The responsibility for the common expenses herein shall be administered by said Homeowners Association. • • 2.3 Non-liability of ACC and Homeowners Association Members. Neither the ACC or the Homeowners Association,nor any member thereof, shall be liable to any owner, occupant, builder, or developer for any damages, loss or prejudice suffered or claimed on account of any action or failure to act of the Committee or member thereof,provided that the member has acted in good faith and on the basis of the facts as known to him. ARTICLE III 3.1 Amendment. This Declaration can be amended at any time by Declarant prior to the sale of all Lots by the Declarant. Thereafter,this declaration can be amended by an affirmative majority vote of the lot owners. Both the Declarant and lot owners must first receive prior approval and agreement from the City of Renton before amending this Declaration. 3.2 Enforcement. The Declarant or the ACC shall have the right to enforce any provision of this Declaration or to recover damages resulting from any itr violation of any proceeding at law or in equity. The expenses thereof, if not paid by such owner within thirty(30)days after written notice and billing,may be filed 1.4 as a lien upon such lot. Failure of the Declarant to the ACC to enforce any provisions herein shall in no event be deemed a waiver of the right to do so. In the event of legal action,the prevailing party shall be entitled to recover actual costs and reasonable attorney fees. 3.3 Severability. Invalidation of any provisions hereof shall not affect the other provisions,which shall remain in full force and effect. 3.4 Notice. Any notice required hereunder shall be deemed effective when personally delivered or when mailed by certified mail to the owner of public record at the time of such mailing to such owner's address appears on the King County tax records. ARTICLE IV 4.1 Private Roadways. All lot owners acknowledge and recognize that the City of Renton has no responsibility to build, improve,maintain or otherwise service the roadways contained within the Enright Short Plat. If the lot owners fail to appropriately maintain said roadways,the City may do so and exercise liens against each of the Lots for any expenses incurred by the City. See Exhibit"A" Legal Description for Roadway. 4.2 Road Maintenance. All lot owners will maintain the existing road surface which is within the Enright Short Plat through the Enright Homeowners Association. The Association shall be responsible for maintaining the roadways, "Maintenance"as described in this document, shall include the removal of obstructions,plant overgrowth and miscellaneous debris,the filling of holes, adding gravel,grading and the performance of any other labor or furnishing of materials necessary to maintain the roadways in reasonable good condition. Expenditures for maintaining said roadways must be authorized by a majority vote of lot owners and each lot owners shall share equally in the cost incurred. 4.3 Easements. The Utilities Easement agreement is covered by a separate document between the Declarant and the City of Renton and recorded with King County. IN WITNESS WHEREOF,the Declarant has hereunto set its hand this 15 day of December, 1997. e■1 eel V) • • Approved By: %,/7jW1 Donald E. Enright per Donald E. Enright per / Special Power of Attorney Special Power of Attorney for J. R. Pierce filed under for Frances V. Meadowcroft King County Recording# filed under King County 9707300384. Recording#9707300385. Donald E. Enright per Donald E. Enright per / Special Power of Attorney Special Power of Attorney for David Hardie filed under for Robert T. Meadowcroft King County Recording# filed under King County 9707300386. Recording#9707300387. Donald E. Enright per / Donald E. Enright per , Special Power of Attorney Special Power of Attorney for Willis D. and Mary Jo A. Haugen for Susan B. Enright filed under filed under King County Recording# King County Recording# 9707300389. 9707300388. Donald E. Enright per / Donald E. Enright / Special Power of Attorney for Charles A. and Lynn L. Benedict filed under King County Recording# 9707300390. • 1 r"i STATE OF WASHINGTON ) CJD COUNTY OF KING ) Q7 I certify that I know or have satisfactory evidence that 2)a,70P4d • �i2 75'hJ signed this instrument and acknowledged it to be his/bed-their free and voluntary act for the uses and purposes mentioned in the instrument. - Dated: �• /�/ /99 7 4# ►/ - Nota '_ublic in and for the State of Washington MOUNIR H. TOUMA Notary(Print) llIJfJiK' N. dum4- STA T E OE WASHINGTON My appointment expires: g/? / /9 99 NOTARY--°-- PUBLIC MY COMMISSION EXPIRES 8-09-99 4 Exhibit A Legal Description • COMMENCING AT THE NORTHEAST CORNER OF THE BELOW DESCRIBED PARCEL: THENCE SOUTH 01°40'08"WEST, 123.19 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01°40'08"WEST, 104..63 FEET; THENCE NORTH 88°15'48"WEST,26.00 FEET; THENCE NORTH 01°40'08"EAST, 104.60 FEET; THENCE SOUTH 88°19'52" EAST, 26.00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL DESCRIBED THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF ,SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. ,DESCRIBED AS FOLLOWS: 411 ide BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 3; THENCE SOUTH 88°29'35"EAST, 1317.81 FEET; voi THENCE SOUTH 01°40'08"WEST,441.16 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89°14'08"WEST, 160. 15FEET; THENCE SOUTH 01°40'08"WEST,314.47 FEET; THENCE SOUTH 88°15'48" EAST.160. 13 FEET; THENCE NORTH 01°40'08"EAST,318.19 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THE SOUTH 90.43 FEET OF THE EAST 30 FEET THEREOF CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER KING COUNTY RECORDING NOS. '8806201121 AND 9710201567; AND EXCEPT ALL COAL AND MINERALS AND THE RIGHT TO EXPLORE FOR AND MINE THE SAME,AS RESERVED BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 346755; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. \�01 H. TO ` .. �Q of WAS, ti/* f a 9470/ J J:•f d4' `S/ONAL EXPIF ES 5/22/9y I