Loading...
HomeMy WebLinkAboutRC 19991216001135 7 11 11 1111111 111 IIII II 19991216001135 PAGE 001 OF 009 12/16/1999 12:38 KING-COUNTY, WA CHAMBORD DEVEL COV 16.00 RETURN ADDRESS 4f),"&:eA,e,S1 -CC-P •)g,-67?›-TT`L-t l(S3 �' G'iQAr 1-Up4 / Please print neatly or type information Document Title(s) c"cjev t-ci-S.2) 6,-tn)t--tot.-cs Reference Numbers(s) of related documents Additional Reference#'s on page o Grantor(s) (Last,First and Middle Initial) Q7 Additional grantors on page Grantee(s) (Last,First and Middle Initial) Additional grantees on page Legal Description (abbreviated form:i.e.lot,block,plat or section,township,range,quarter/quarter) Additional legal is on page_ Assessor's Property Tax Parcel/Account Number Additional parcel#'s on page_ The Auditor/Recorder will relyon the informationprovided on this form. The staff will not read the document to verifythe accuracy or completeness of the indexing information provided herein. ,c00 ,On3 I . DECLARATION OF, COVENANTS,CONDITIONS,AND RESTRICTION For the plat of Huntington Court,located in Renton Washington THIS DECLARATION-ismade this-15 day-of December 1999,by CASCADE BUILDERS AND DEVELOPERS, INC., ("Declarant"), a Washington Corporation. ARTICLE 1 DEFINITIONS Section 1: "Owner" shall mean-and refer--to-the record Owner,whether one or more persons or entities, of a fee simple title to any lot, or home,thereof, described on Exhibit"A" and/or hereafter-made subject to--the terms-and conditions of this agreement. "Owner" shall exclude those having such interest merely as security for the c performance of an obligation. CZ) Section 2:"Home Owners-Association shall-mean-the governing entity, comprised of the Owners of parcels subject to these covenants, and any subdivisions thereof, and the Declarant. Section-3, "Road'-' shall-refer to-that-road-for ingress, egress, and utilities as rn described on the recorded short plat". CTI Section-4:"Lot" shall mean any one of the 9-parcels-decribed on the recorded short plat. Section-5-. "Property" shall-mean the area-defined-by all parcels described on the recorded short plat. Section b. "Screening" shall include wood-fencing-or landscaping as approved by the Declarant. Under no circumstances may tarp be used as screening. ARTICLE II Common Areas and Easements Section 2.1 "Common Areas." shall include-any-easements, improvements, and tracts, depicted in the recorded Plats of Huntington Court,including without limitation, access-easements,landscape easements; or-entryway monumgntation on the recorded short plat. 1 r , , r Section 2.2 Maintenance Obligations.-Drainage Vault The drainage vault located-within the Public Right of-Way shown on the short plat shall be owned, operated, and maintained by the Homeowners Association. The City of Renton shall have the right to-repair-any-deficiencies--of the drainage facility-in the event the owners are negligent in maintenance of the drainage facilities. These repairs shall be at the owner's expense. Section-3. Recordation;Modification and-Termination. This Declaration shall be recorded against the Property described in Exhibit A in the office of Records and Elections-in King-County,W-ashington,-and-its rights and obligations shall be binding upon inure to the benefit of the Declarant, Owners and/or the homeowner's Association, and-any-other-holders of an afieracquiredinterest in the property. ARTICLE III Home Owners Association C) o Section 1. The Owners of the lots described on Exhibit"A"or any subdivision thereof are members-of the-HomeOwners-Association which is responsible for administering and enforcing these covenants. Section 1.1 The affairs-of theAssociation shall be governed by a Board of C71 Directors(The "Board")which shall be composed of one or more members. The initial m board-shall-be-composed of Cascade Builders-and-Developers Inc. Cascade Builders and Developers, Inc shall resign from the board upon the final house sale by Cascade Builders-and-Developers, Inc. The Board-shall then be composed of a minimal of 3 voting members of the Association. Subject to any specific requirements hereof,the Board shall have the authority to establish operating rules-and-procedures. In the event of death or resignation of any member or members of the Board,the remaining members,if any, shall have full-authority to appoint a-successor,member or members. Members of the Board shall not be entitled to any compensation for services performed pursuant-to-this Declaration. Upon the Transition-Date from-Cascade Builders and Developers, Inc to the Homeowners Board, and without further action by any persons or person-s: (i)the-term-of the initial Board.-members or their stccessors shall end, and (ii)the initial Board members and their successors shall be released from and all liability whatsoever-for claims-arising out of or-in-connection with this Declaration, exempting only claims arising prior to the Transition date. - Section--2. No membership-may-be forfeited nor any Owner expelled, and no Owner may withdraw from membership in the Committee except upon the transfer of title to or upon contracting for sale of-the parcel to-which the membership is appurtenant. Section 3. The HomeOwners Association shall meet at least once a year to determine what improvements and common-area maintenance, if any, are required and to assess the cost of improvement. At the first meeting the Owners shall select a Chairman-who-shall serve-on-an-annual-basis-or-on-such-other terms of office as the Committee may establish. All matters shall be approved or adopted by a fifty-one percent(5-1%)-majority-of Owners-and Declarant-present at the meeting. Section 4. Each lot Owner,including Declarant so long as it retains any ownership of any Lot,-shall-be entitled to-one vote for each lot owned. In the event any Lot is subdivided, each resulting Lot from that original Lot shall also be entitled to one vote. ARTICLE IV ASSESSMENTS FOR MAINTENANCE Section-l. For-the-Owners-subject-to-this-Agreement,the total annual cost ,11 maintenance and repair shall be shared equally by each lot in division 1 and 2. In the event any one-Lot is-subdivided; each resulting-lot from-that_original Lot shall be obligated to share equally in the costs of maintenance with all other Lots subject to this 0 Agreement. Each,owner shall initially contribute$100.00 per year starting January 30th, 2001. N e-- C, Section-2. Establishment-of-assessment amounts and collection of assessments for maintenance and repair shall be the responsibility of the HomeOwners Association Committee. Section-3. At its-annual-meeting,the Committee shall assess each Owner its share, and notify in writing each owner of the amount due and the date for payment. The written notice--shall-be-provided-at-least-30-days-prior-t&the date for payment. Section 4. Any assessments not paid by the due date shall be delinquent. There shall be a-charge on the land-that-shall-be a-continuing lienfor the amount of all delinquent assessments. Each assessment shall also be the personal obligation of the Owner at the time-any-payment was-due. Any assessment not paid within the thirty (30) days after the due date shall bear interest from the due date at the rate of twelve percent(12%)per annum. Section-5. Any-individual-Owner-subject to-this--Maintenance Agreement or the HomeOwner's Association Committee,in the name of the Chairman, may bring an action at-law-to recover delinquent assessments, Furthermore, after making one written demand to the Owner for payment of delinquent assessments,the Committee may record-a lien-in the office othe King County Recorder. A release of lien shall be filled by the Committee upon payment in full of the assessment,together with interest, and all costs and attorney's fees incurred by the Committee to collect the amount due. If payment is-notmade when due,the lien may be foreclosed against the property, and interest, costs(including expenses of a title search) and reasonable attorney's fees incurred therein shall-be added-to-the amountof the judgement then due and owing. Section 6. No Owner or purchaser may waive or otherwise escape liability for the assessments provided for by this agreement. Section 7. Any lien for unpaid assessments provided for by this Agreement shall be subordinate to the lien of any purchase-money, first mortgage or deed of trust. Sale or transfer of any lot shall not affect the assessment lien, ARTICLE V RESIDENTIAL COVENANT Section-1. Prohibited-Vehicles-and Equipment. No mobile home or trailer shall be permitted as a permanent residence on any Lot or subdivision thereof. The following are required to-be parked-along the side of the house with adequate screening o from the street and neighbors: mobile homes,house trailers,utility trailers, campers, camp trucks,motor homes,boats, boat trailers-, or any other similar machinery or equipment of any kind or character. Any automobile or other vehicle deemed to be in an inoperable-condition and-located-on-any street in excessoffourteen (14)days may be removed by action of the board after seven(7)day's notice to remove the 0" automobile or vehicle. Except for bona fide emergencies,the repair or extraordinary m maintenance of automobiles or other vehicles shall not be carried out in the Property. Section 2. Mining Prohibited. No portion-of the Property shall be used for the purpose of boring,mining, quarrying, or exploring for or removing oil or other hydrocarbons,minerals, gravel or earth. Section 3. Nuisance Prohibited. No noxious or offensive trade or activity shall be conducted-in-any portion of-the-Property,nor shall anything be done or maintained therein in derogation or violation of the laws of the State of Washington, The County of King,the City of Renton, or any other-applicable governmental entity. Nothing shall be done or maintained on any portion of the Property which may be or become an annoyance or nuisance to the neighborhood or other Owners or detract from the value of the Property. Section-4. Limitation-on•Keeping of Animals. No animals, or livestock, of any kind shall be raised,bred, or kept within the Property;provided that dogs, cats, rabbits, or other conventional household pets may be kept within the Property if they are not kept,bred, or maintained for any commercial purpose. Dogs are not allowed to run at large. All-animal-pens-and enclosures-must be approved by the Declarant prior • to construction and shall be kept clean and odor free at all times. No animal may be kept if-it is a source of annoyance or nuisance as determined by applicable governmental agencies. When not confined to the Owner's Lot, animals within the Property must be accompanied by a responsible person and shall be registered, licensed, and inoculated from time to time as required by law. Section 5. Antennae. No external radio(including short-wave or citizens' band)antennae, or freestanding antenna towers shall be permitted on the Property. Small reception satellite dishes are allowed, and should be adequately screened from the neighbors. Section 6. Landscaping. All front yard-landscaping,shall be installed by Cascade Builders and Developers, Inc. This shall include,but not be limited to,front yard lawn and shrubs • Section 7. Sales and-Construction Facilities: Notwithstanding any other provisions of this Declaration to the contrary, it is expressly permissible during the Development Period-for Declarant and any other Owner, or agents or contractors thereof, to maintain on any of the property owned by opinion of Declarant or Owner - facilities(including temporary mobile office structures) as inthesole opinion of the - Declarant may be reasonably required, convenient, or incidental to the construction and rn sale-of-Lots or Living Units,including without limitationbusinessor field offices, cn storage areas, construction yards, signs,model Living Units, or sales offices. Section 8. Signs. Except for-entrance, street, directional,traffic control, and safety signs, and such promotional signs as may be maintained by Declarant, or agents or contractors,no-signs or advertising-devices-of any character shall be erected,posted, or displayed upon,in, or about the Property;provided,however,that one temporary real estate sign not exceeding-six-square-feet-in-area-may-be-erected upon any Lot or attached to any home placed upon the market for sale or lease. Any such temporary real estate sign--shall-be-removed-promptly following the sale or rental of such lot or home. Section 9. Weapons. No-firearms of any nature, including rifles,handguns, bows, slingshots, slings,traps, or any other like weapon shall be used or discharged within the Property except by authorized governmental officials. Section 10. Enforcement. This covenant may be enforced by any Owner or by the Road Maintenance Committee--in-the name of its chairman. In the event, litigation is instituted to enforce this covenant,the prevailing party shall be entitled to recover its reasonable attorney's fee`s and all costs incurred. ARTICLE VI AMENDMENTS • This document may be amended at any annual meeting provided that notice of the proposedamendment ismailedto each Owner at least thirty(30) days prior to the annual meeting. The percentage of the Owners required to approve the amendment shall be seventy-five{75)percent. Section 2.2, of Article-II,may not be amended without the prior written consent of the City of Renton. ARTICLE VII SEVERABILITY Invalidation or-modification-of any one of these restrictions and covenants set forth by judgment, court order, state or county planning authority or the like shall in no • way affect any of the-other provisions which shall remain,in full force and effect. 0 0 ca Adopted by, oI Cascade Builders and Developers, Inc 1//kfdLL, s Rervele' 7'� by, Mass, its/President • Dated this 15th day of December, 1999. Corporate Acknowledgement State of A , /4 / 1 t) I r County of / / 1 On this 15th day of December, 1999,before me the undersigned Notary Public, in and for the said State,personally appeared, Ray Mass, as president personally known to me u (or proven to me on the basis of satisfactory evidence)to be the individual(s)who `~' executed the written instrument-on behalf of Cascade Builders and Developers,Inc. the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution-of its board of directors. Cr, WITNESS my hand and official seal hereto affixed the day and year in this certificate rn c, above written. Notary Public in and for-the State-of IA)(L 50/4 o T I '� ! i ` � � residing at /v� My commission expires: '2,/k i Notary signature: AT /,) /t/ , ' d2ci� �� of. • Te▪l , ' CP PUBLIC �`k ...Fp, AcTI▪. r EXHIBIT A LEGAL DESCRIPTION: Lots 5 and 6 in Block 2 of Stewart's Highland Acre Tracts, as per plat recorded in Volume 43 of Plats, Page 17,records of King County, also the south 150 feet of Lot 7 in Block 2 of Stewart's Highland Acre Tracts, as per plat recorded in Volume 43 of plats, Page 17, excepting therefrom the following described parcel: Beginning at the southwest corner of the above described Lot 7;thence North 00°10'18" west, along the east line of said Lot 7, a distance of 23.68 feet;thence south 75°05'39"west, along-a chain-link fence a distance of 85.77 feet to the intersection of the south line of said Lot 7 and the northwest corner of the above described Lot 16; L-n thence south 88°52'53" east, along-the-south line of said Lot 7, a distance of 83.00 feet to the point of beginning; 0 situate in the City of Renton,County of King,.State of Washington. N Subject to covenants, conditions,restrictions,reservations, easements, or other servitude's,if any disclosed by City of Renton Lot Line Adjustment No. LUA-92-035- LLA recorded under King County Recording No. 9308309001. rn rn Subject to-a utility easement-and the terms and conditions thereof as filed under King County Recording No's 960612743 and 9606121744. Subject to an ordinance and the terms and conditions-thereof as filed under King County Recording No. 9606210966. Subject to an easement for-ingress, egress,and utilities and the terms and conditions thereof as filed under King County Recording No. 9305102293. 0- A