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HomeMy WebLinkAboutRES 2676 6 CITY OF RENTON, WASHINGTON RESOLUTION NO. 2676 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON APPROVING FINAL PLAT (GLAMBRASS LIMITED FP-054-86 ) WHEREAS a petition for the approval of a preliminary plat for the subdivision of a certain tract of land as hereinafter more particularly described , located within the City of Renton, has heretofore been duly approved by the Hearing Examiner ; and WHEREAS after due investigation the Building and Zoning Department has considered and recommended the approval of said final plat and the Hearing Examiner having reviewed the requirements of the preliminary plat and finding that those requirements have been met, and such approval being deemed proper and advisable and in the public interest, NOW THEREFORE THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I : The final plat heretofore submitted and approved by the Hearing Examiner , pertaining to the following described property, to-wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth. (Property located at 135 Union Avenue S. ) 1 RESOLUTION NO. 2676 be and the same is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions and decision of the City' s Hearing Examiner dated October 23 , 1986 AND SUBJECT FURTHER to that certain Declaration of Covenants , Conditions and Restrictions executed by Petitioner-Owners on or about January 27 , 1987 and recorded in the office of the Director of Records and Elections Receiving No 8703130544 and which said Covenants are hereby incorporated and made a part hereof as if fully set forth. PASSED BY THE CITY COUNCIL this 27th day of April , 1987. Maxine E. Motor , City Clerk APPROVED BY THE MAYOR this 27th day of April , 1987. Barbara Y. Shinpoch, Mayor Approved as to form: Lawrence J. War en, City Attorney CITY: 27: 4/17/87 2 RESOLUTION NO. 2676 v Exhibit A FP-054-86 LEGAL DESCRIPTION 0 East 435.8 feet f the The South 150 feet of the North 495 feet of the a t Southeast quarter of the Northeast quarter of Section 16, Township 23 North, Range 5 East , W.M, EXCEPT all coal and minerals and the right to explore for and mine the same as excluded in deed recorded unddr Auditor's file no. 3626711, and EXCEPT the East 30 feet for 132nd Avenue S.E. , which has been subdivided and is now described as follows: Lots 1 through 5 and Tracts A, B, C and D, according to the Plat of Clambrass II. " I In • . I I M [ 6tn PL _ r0 It ... • j 11' � . D • .. ' IB 1 I�A � �, I �• 1•� 1 " � �• 1 � t � � � 1� � ' . . . ! :I till f ' •1.�.�. y 1. ' I I ZIIIIIT=h� ' i I . ' U f • " ,• „ = I I RESOLUTIO- _NO..---- 67- 1 1 - M PUBLIC ' 19 �\,� 1 i • N • • • one"" ,1 T 1 1 L 3111 &1 „ f• µ „ 1 ------------ 1 _---- --�--- " y39 " 20 I REHTONI I ! VOCATIONAL SCHOOL 1 ! 1 1 — –------ • -- – – – --– — 1 [3 4 A F G j 1 S,. GR- ENW OD CE MET RYdo � 1 1 / C 0 / / 1 i 151TE - 1 iLp1 I , • • U p f+ h fF / / 1 1 •1 ,F f• .0•I ., h 1' �' - -—- - --- -- - -- 1 1 ------ Fr n iti • fr r w • I 1 1 ' -IL JL f °• I 1 1 1 1 ' CITY OF RENTON • • "•'•" '•IT ' DEPARTMENT OF PUBLIC WORKS f • i lb GL AMESRA55 II � f � t . \ •�.�I+ ♦ ' , (�>� � 1 D[f IGN[O DATE ►Il[ NO. 6 • ' (L� .T [ . fl DRAWN FIELD BOOT( PAGE— a' ABL- • i APPROVED •N[[T 01_- ��// � s � Iff "C"ECORD AT _ 01t'F fF THE CITY Cly}( DECLARATION OF R&fc�N MUNICIPAL BLDG. iW LU AVE SO. COVENANTS, CONDITIONS AND RESTRICTIONS �. WIN,WA 055 This Declaration is made the 1 r day of �',g �N R by Glambrass, a Washington General Partnership. 1. RECITALS: A. Declarant is the owner of real estate situated in King County, Wash- ington, described as follows: The South 150 feet of the North 495 feet of the East 435.8 feet of the Southeast quarter of the Northeast quarter of Section 16, Township 23 North, Range 5 East, W.M, EXCEPT all coal and minerals and the right to explore for and mine the same as excluded in deed recorded under Auditor's file no. 3626711 , and EXCEPT the East 30 feet for 132nd Avenue S.E. , o which has been subdivided and is now described as follows: Lots 1 through 5 and Tracts A, B, C and D, according to the Plat of Glambrass II. B. Delcarant has established a general plan, set forth in this Declara- tion, for the subdividions, improvement and development of the real property, and any additional real property that may be annexed to this Declaration, and desires to secure the harmonious and uniform development of the real property in accordance with this plan. C. Declarant declares that the Property, and each and every lot and parcel on it is, and shall be, held, conveyed, hypothecated, encumbered, leased, rented, used and occupied subject to the following limitations: reservations, covenants, conditions, servitudes, liens and charges, all of which are declared and agreed to be in futherance of and pursuant to a general plan for the develop- ment of the Property, and all of which are declared and agreed to for the purpose of enhancing, maintaining and protecting the value and attractiveness of the Property. These provisions are imposed upon Declarant, the Owners and the As- sociation and are for the benefit of all Lots and the Common Area, and shall bind the Owners and the Association. These provisions shall be a burden upon and a benefit not only to the original Owner of each Lot and the Association but also to their successors and assigns. All covenants are intended as and are declared to be covenants running with the land as well as equitable servi- tudes upon the land. 2. DEFINITIONAL CLAUSES: A. "Association" means the 135 Union Court Owners Association a, non- profit unincorporated association for the benefit of the Owners of the above- described properties, their successors and assigns. B. "By-Laws" means the Associations By-Laws and any amendments. • C. "Association Rules" means the rules and regulations adopted by the Association from time to time regulating the use and enjoyment of the Common Area. D. "Common Area" means the land designated as Tracts A,B,C & D as shown on the subdivision map which shall be owned as tenants in common by the Owners of Lots 1 through 5. E. "County" means the County of King, the county in which the project is located. F. "Declarant" means Glambrass and 135 Union Court Owners Association, and it 's successors and assigns, if such successors and assigns are assigned the rights of Declarant pursuant to Paragraph 10 if such successor or assign is a mortgagee acquiring Declarant's interest in the Project by foreclosure or by deed in lieu of foreclosure. i G. "Declaration" means this Declaration of Covenants, Conditions and Restrictions and it's amendments, modifications or supplements. H. "Lot" means any plot of land numbered 1 through 5 inclusive, as shown on the subdivision map and any other plot of land designed as "Lot" in any recorded supplement to the Declaration. I. "Member" means every person or entity holding a membership in the . Association. J. "Mortgage" means a mortgage or deed of trust or real estate contract on a Lot or other portion of the Project. A "Mortgagee" shall include the beneficiary under a deed of trust, a Seller on a real estate contract and any guarantor or insured of a mortgage. An "institutional" mortgagee is a mortgagee that is a bank or savings and loan association or mortgage company or other entity chartered or licensed under federal and state laws whose principal business is lending money on the security of real property or in- vesting in such loans, or any insurance company or any federal or state agency or instrumentality, including, without limitation, the Federal National Mort- gage Association and the Federal Home Loan Mortgage Corporation. A "first" mortgage, or "first" mortgagee is one having priority as to all other mort- gages or holders of mortgages encumbering the same lot or other portions of the Project. K. "Owner" means each person or entity holding a record ownership in- terest in a Lot, including Declarant, and contract Buyer under recorded con- tracts of a sale. "Owner" shall also mean members of the Association, and "Ownership" shall include membership in the Association. " "Owner" shall not include persons or entities who hold an interest in a Lot merely as security for the performance of an obligation. L. "Project" of "Development" means the Property and any additional real property that may be annexed that is to be developed and improved, and the improvements on the Property. . M. "Property" means the real property described in Recitals and such additional real property as may later be annexed to the Project and become subject to the provisions of this Declaration and any Supplement of the Declar- ation recorded in accordance with this Declaration. N. "Subdivision Map" means the recorded final subdivision map for the Plat of Glambrass II described in the Recitals and any recorded final sub- division map for the real property annexed. 3. COMMON AREA: Common Areas shall be owned as tenants in common by the Owners of Lots 1 through 5 for the following purposes: (1) driveways and roads for ingress and egress to the individual lots of owners. (2) for utilities (sewers, water, electricity, telephone, T.V. cable, gas, etc. ) which are for the benefit of the Owners; (3) for parking by Owners in parking spaces which adjoin their individual lots and which are located in the Common Areas; (4) for such other use of the owners as they shall set forth in the By- Laws of their Association or in their Rules and Regulations. 4. HOMEOWNERS ASSOCIATION: All Owners shall be members of an unincorporated homeowners association and each member shall have one vote for each lot owned. 5. PURPOSE: ` The purpose of the Association shall be to maintain the Common Areas and to enforce the maintenance of the exteriors of Owners buildings and improve- ments and yards of their respective lots. 6. APPROVAL OF MODIFICATIONS OR ADDITIONS: The Association !must 'approve any improvements, 'mociifications or additions to the exter16r' 6f­Oviners existing buildings and the placement of dny additional siructois,' including -Fences•, .on`an .O"er4 Lot. 7. MANAGER: Glambrass shall be the manager of the Homeowners Association as long as it owns a lot in the complex. The Owners shall pay monthly to the manager of the Homeowners Association an amount estimated to cover the cost of maintaining the Common Areas. Manager shall be responsible for the maintenance of the Common Areas and shall have i the a uthority to employ such persons or firms as the Manager finds reasonable •• and necessary to do so. However, Manager shall not pay more for such services than is standard in the area. If the amount of monthly payments the Manager estimated were required to cover the expenses of maintaining the Common Areas, should prove to be in- sufficient to do so the Manager may collect from each homeowner the deficiency and increase the amount of the monthly maintenance charges. If an Owner fails to maintain the exterior of his improvements or his yeard in a satisfactory condition, the Manager may. (after giving the Owner . 30 days written notice as to his or her intention to do so if the Owner hasn't corrected the unsatisfactory condition within 30 days after the giving of said notice) correct the unsatisfactory condition at the Owners expense and such Owner hereby appoints the Manager as his agent for such purpose. After Glambrass no longer owns any Lots in the complex the homeowners shall elect a Manager to maintain the Common Areas and see that the Owners maintain their individual properties according to these Declarations. The homeowners shall meet once a year to do the following: (1) elect a manager; (2) establish a monthly fee; (3) review contracts with outside persons or firms providing maintenance servcies to the Association; (4) approve purchase of any necessary tools, supplies and materials; (S) to review an accounting provided by the Manager showing the monies received by him during the year and all expenditures for the year. The Homeowners Association may carry liability or such other insurance as it feels necessary to protect itself. No Manager or any agent of the Homeowners Association of the Declarant, when acting in such capacity, shall be liable to any Owner or to any other party, including the Association, for any damage, loss, or prejudice suffered or claimed on account of any acts, omission, error or negligence of any such person if such person has acted in good faith and in a manner such person rea- sonably believed to be in the best interest of the Association. Any Owner may at any reasonable time inspect, copy or make extracts of any books, records, and documents of the Association. S. VOTING RIGHTS: Except as otherwise provided in this Declaration, or the By-Laws, all matters requiring the approval of Owners shall be deemed approved if Owners holding a majority of the total voting power of all Owners ascent to them by written consent or if approved at any duly called regular or special meeting at which a quorum is present, a quorum being a meeting where Owners holding a majority of the voting power are present, by a majority vote of the total voting power present at said meeting, either in person or by proxy. 9. ASSESSMENTS: A. Agreement to Pay. The Declarant covenants and agrees for each Lot owned by it in the Project that is expressly made subject to assessments as f • I set forth in this Declaration, and each Owner by acceptance of a deed covenants and agrees for each Lot owned, to pay to the Association the regular and spe- cial assessments levied in accordance with the provision of this Declaration, and to allow the Association to enforce any assessment lien established in accordance with the provisions of this Declaration by non-judicial proceedings under a power of sale or by any other means authorized by law. B. Assessments as Personal Obligations of Owner. Each assessment or installment, together with any late charge, interest, collection cost, and reasonable attorney's fees, shall be the personal obligation of the Owner at + the time such assessment or installment becomes due and payable. If there is more than one owner of a particular Lot, each owner shall be jointly and severally liable. The personal obligations for any delinquent assessments or installments and related sums shall not pass to an owner's successor in interest unless expressly assumed by that successor in interest. No owner may be relieved from the obligations to pay assessments or installments by waiving the use or enjoyment of all or any portion of the Common Area or the Owner's Lot or by abandoning the Lot. C. Assessment Period. Unless the Association determines otherwise, the Association's fiscal year shall be a calendar year and the regular assessment period shall commence on January 1 of each year and shall terminate on December 31 of that year, provided that the first regular assessment period for all Lots shall commence on the first of the calendar month following the date of the closing of the first conveyance of a Lot and shall terminate on December 31 of that year. D. Due Dates, Late Charges and Interest. At least ten days prior to the comme n ement of any assessment, the Manager shall give each Owner written notice of the amount of assessment , and the due date . The notice need only be given once for any assessment paid in installments . Unless the Manager specifies otherwise, the installment due dates shall be the first day of each month. Any assessment payment , including any installment payment, shall become delinquent if payment is not received the Association within thirty days after it's due date. There shall be a late charge of $10.00 for each delinquent payment and 1% of any amount in excess of $1,000.00. Interest also shall accrue on any delinquent payment at the rate of LOX per annum or at such rate as the Owners may impose from time to time. Late charges and interest shall accrue from the first day following the due date of the assessment through and including the date payment is received by the Association. E. Creation of Assessment Lien. A delinquent assessment or installment, together with any accompanying late charges, interest, cost (including reason- able attorney's fees), and penalties as may be authorized under this Declaration shall become a lien on the Lot against which the assessment was levied on the recordation in the office of the County Recorder a notice of said lien. The notice shall describe the amount of the delinquent assessment or installment, the related charges authorized by this Declaration, a description of the Lot and the name of the Owner; and shall be signed by the Manager, or any two owners r of the Association or by an agent authorized by the Association to do so. Unless the Association considers the immediate recording of the notice to be in the best interest of the Association, the notice shall not be recorded until 15 calendar days after the Association has delivered a written notice of default and a demand for payment. Upon payment of a delinquent assessment or installment and related charges the Association shall record a notice of satisfaction and release of lien. F. Foreclosure Under Assessment Lien. Not more than one year nor less than 15 days after the recording of the notice of assessment, the Board may enforce any assessment lien established hereunder by filing an action for judi- cial foreclosure. If the default is curred before completing a judicial fore- closure, including payment of all costs and expenses incurred by the Associa- tion, the Association shall record a notice of satisfaction and release of lien. The lien shall also terminate if a foreclosure action is not commenced within one year from the date of filing said lien. 10. AMENDMENT OF DECLARATION: A. Amendment Before Close of First Sale. Before the close of the first sale of a Lot in the Project to a purchaser other than Declarant, this De- claration and any Amendments to it may be amended in any respect or revoked by the execution by Declarant and any mortgagee of record of an instrument amending or revoking this Declaration. B. Amendment. After Close of First Sale. After the close of the first sale of a Lot in the Project to a purchaser other than Declarant, this Declara- tion may be amended or revoked in any respect by the vote or written consent of the owners of a majority of the Lots. C. Amendments to Conform with Mortgagee Requirements. It is the intent of the Declarant that this Declaration and any By-Laws of the Association, and the Project in general, shall now and in the future meet all requirements necessary to purchase, guarantee, insure, or subsidize any mortgage of a Lot in the Project by the Federal Home Loan Mortgage Corporation, the Federal Na- tional Mortgage Association, the Federal Housing Administration, and the Vet- erans Administration. The Association and each Owner shall take any action or shall adopt any resolutions required by Declarant or any mortgagee to conform this Declaration of the Project to the requirments of any of these entities or agencies. 11. NOTIFICATION OF SALE: Concurrently with the consummation of the sale of any Lot under circum- stances where the Transferee becomes an Owner of the Lot, or within 5 business days thereafter, the transferee shall notify the Association in writing of such sale. Such notification shall set forth the name of the transferee and his mortgagee and transferor, the common address of the Lot purchased by the transferor, the tranferees and the mortgagees mailing address and the date of sale. Before the receipt of such notification any and all communications required or permitted to be given the Association or the Manager shall be deemed to be duly made and given to the transferee if duly and timely made and given to the transferees transferor. Mailing addresses may be changed at any time upon written notification to the Association. Notices shall be deemed received 48 hours after mailing if mailed to the transferee, or to his transferor if the Association has received no notice of transfer as above provided at the mailing address above specified. 12. STANDARDS OF MAINTENANCE: A. The common areas - roadways, driveways and common landscape areas- shall be maintained to City of Renton standards. B. All structures must retain a common, not necessarily exact, ex- terior appearance. C. There shall be no construction within the common areas, and es- pecially within 5 feet of the dwelling units to be built on the Property. D. No provision of this paragraph 12 may be nullified, changed or modified or amended by the Declarant or by the Homeowner's Association or it 's members. Declarant has executed this instrument as of the 27?`1+ day of t 1987. DECLARANT 17 BY STATE OF WASHIN-ToN Ss. County of King On this 27th day of January A. D. 19-KZ,before me,the undersigned, 4Notary Public in and for the State of Washington , duly commissioned and sworn personally appeared Edward Gonzalez to me known to be the individual—described in and who executed the foregoing instrument, and acknowledged toe that_he_signed and sealed the said instrument as hi s _free and voluntary act and deed for the uses and purpo s therein mentioned. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. A ol'b"aL � . 4aa) Notary Public in and for the State of WA sbi ngt an residing at Seattle My commission expires 3-19-90 (Acknowledgment by Individual. Washington Title Insurance Company. Form L 28)