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Home My WebLink AboutORD 4063 i . _` .� r • , , . CITY OF RENTON, WASHINGTON ORDINANCE N0. 4063 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON APPROVING THE FINAL PLANNED UNIT DEVELOPMENT (GLAMBRASS LIMITED - FPUD-053-86 ) WHEREAS a petition for the approval of a final planned unit development for a certain tract of land as hereinafter more particularly described, located within the City of Renton has heretofore been filed with the Building & Zoning Department and it appearing that the preliminary planned unit development has heretofore been duly approved by the Hearing Examiner after public hearing thereon as provided by law; and WHEREAS after due investigation the Hearing Examiner has considered and recommended the approval of said final planned unit development and the City Council having duly approved said final planned unit development at its regular meeting on March 9, 1987 , 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 ORDAIN AS FOLLOWS: SECTION: The final planned unit development heretofore submitted and approved by the Hearing Examiner , pertaining to the following described real estate, to-wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth. (Property located at 135 Union Avenue N.E. ) .. . � t ' ORDINANCE N0. 4063 " be and the same is hereby approved as such planned unit development, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions and recommendations of the City' s Hearing Examiner dated October 23, 1986 . AND SUBJECT FURTHER to that certain Declaration of Cov�nants, 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. SECTION II : This Ordinance shall be effective upon its passage, approval and thirty days after publication. PASSED BY THE CITY COUNCIL this 4th day of May, 198'1 . i��~ � Maxine E . Motor , City Clerk APPROVED BY THE MAYOR this 4th day of May, 1987 . ' � ) ' �;� i .-a. , � f.�� ,, „�/�ii3'G 3�'s„'". �c�)'3t_ f4-s�' /`✓'. . Thomas W. Trimm, Mayor Pro tem Approved as to form: �QM1+^�,,�P �4�-'� Lawrence J. Warr City Attorney Date of Publication: May 8 , 1987 CITY: 22: 4/8/87:nd -2- . ' ORDINANCE N0. 4063 Exhibit A FPUD-053-86 LEGAL DESCRIPTION The SouCh 150 feet of the North 495 feet of the East 435.8 feet of Che Soucheasc quarter of the Northeast quarter of Section 16� Township 23 North, Range 5 6ast � W.M� EXCEPT all coal and wlnerals and Che rlght • to explore for and mine the same as excluded in deed recorded undar Audltor's file na. 3626�11� and EXCEPT the East 30 feet for 132nd AVenue S.E. � which has been subdivided and is now described as follows: LoCs 1 through 5 and Tracts A, 6, C and D� according to the Plat G� Glawbrass II. i� !' t, 1 � � 1 • . � �i � � ' ,�I' 1 ,1�.i1 1 •� ',�I �. \��1 � •� � 1 1 ��.1+ � • �� ," I! �� I I � 1 � � � i ��, �� , � i i� 11 1 ! 1 � / I��'�� ' �� L,y �o t +tY�• , � ! � � N I _ ' � G Itl p[ � � r � � � �- �� I , �Q . .. �B �� : � � 1: s� �, �,►�� 3' ' � � � � - � � � : . . : � k :'; ., _ ..;,. ; , (.I:�y��..�..��:�0:��1��I��►_�'��1��1�).�.l�C�..I�I�::�_ _.�_�.11.��1� Y ;;.._. � • • Z� � . �. , r � . . 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' ""_ � � ' I ' ' ' � • , ` � ' 1 • f ' ' ♦ • �♦ � � �� ' • � � » � A d . � ' N • • ' +„ � ' ' N Y. � I � i �.t � � � � � � ' � ► • � j � s- • . 1 i • � � - _ . � � - Y .. ./ � CITY OF RENTON =- �- � ; ---- -- ---� � �� ' � �+�� w wn � � � DEPARTMENT OF PUBLIC WpRKi , �J � _ , . �� . , •• ,� . , , , i 1 . , , , , .. • . . , - . ,, • • � ` � � GL AMP�RASS IC . ,. � , ,. , . � � �y �, y ` �� i * l • - ' - � � b y`�Ir ` t � � , .�' �., / , D[lIGN[n � DAT� I rIL[NO v � \� 6 . � � i�/ � . 1 , �1A1�'ttr�1o.`_�s r"--�`_` __ _ -- � . 1 �Q�'��Q� / � J ,,,' I CH[C[D � •CAL! . . I •iaD wo■ ��oc_ � �� -_ .� ,� •. 1-1� .� ; I''11.�.�I_, 1J. ARROVtD I fMt[T OF__ � — — -_ .._. ..._.._.... . . ._ ._,.. e._� . _ . .��,lL f3:=._�S'��=�� , • '��rr,.�vi�� C��i� �� 1i��t�i��'.Ji �T l�f= 05Y= �� , � . , C��-A,�f f3�f�'�5 �..Tp. �t!��F y�'��(�"�� DECLARATION OF �f(��i�MUNlGlPAL�Bl,OG: :��P�,�u A�(�.$�. CQVENANTS, CONDITIONS AND RE5TRTCTIONS kiiii0i�,w`A�+�5,1 f�'�'? This Declaration is made the ,� ? ''� day of 'p"„�,�,{,,,v;�,r � '��b, by Glambrass, a Washington General Partnership. " � . l. RECITALS: � �. Declarant is the owner of real estate situated in King County� Wash- ington, described as follaws: ' j The South 150 feet af the Narth 495 feet of Che East 435.8 feet of the . Southeast quarter of the Nartheast quarter of Sectian lfi, 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 na. 36267'll� and EXCEPT the East 30 feet for 132nd Avenue �� S.E. , owhich has been subdivided and is now described as follawst r. ' c� Lots 1 thraugh S and Tracts A, By C and Di according to the Plat of Glambrass II. B. Delcarant has established a general plan, set forth in this Declara- tion, for the subdividions, impravement and developmenC of the real property, and any additional real property that may be annexed ta this Declaration, and desires to secure the harmonious and uniform development oE Che rea7. praperty in accordance with this plan. C. Declarant declares that the Pragerty, a�d each and every lat and parcel on it is, and shall be, held, conveyed, hypothecated, encumbered, leased, rented, used and occupied sub�ecC to the following limitations: reservaCians, covenants, conditions, servitudes, liens and charges� all of which are declared � and agreed Co be in fuCherance of and pursuant to a general plan for the develop- ment of the Property� and all o£ which are declared and agreed to far the purpose of enhancing, maintaining and protecting the value and attractiveness af the Praperty. These provisions are imposed upan Declarant. the Owners and the As- saciatian and are fpr the benefit of al3 Lots and the Comman Area, and sha21 bind the Owners and the Associatian. These provisians shall he a burdet2 upon and a benefit nat only to the original Owner of each Lot and the Associatian , ., but also ta Cheir successors and assigns. Al1 covenants are lntended as and are declared to be covenants running with the land as well as equitable servi- tudes upon the land. � 2, DEFINITIONAL CLAUSES: A. "Associatian" means the 135 Union Court Owners Association, a. na�n- pro€it unincorporated associatian for the benefit of the Q�nera af the above- descrfbed propertiee, their auccessors and assigns. B. "By-Laws" means the Associations By-Laws and anp amendments. . � ..� �, .. • / � . • C. "Association Rules" means the rules and regulations adopted by the Assoc�ation from tlme to time regulating the use and �njoyment of the Cummon Area. D. "Common Area" means the land deslgnated 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 i 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 hulding 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" ahall 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 whos�� • principal buslness is lending money on the security of real property or in- � vesting in such loans. or any insurance company or any federel or state ager�cy 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 Co all other mort- gages or holders of mortgages encumbering the same lot or other portions of the Pro�ect. �' 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 lnclude membership in the Association. ' "Owner" shall not include persons or entities who hold an interest 1.n a Lot merely as security for the performance of an obligation. i , • i . f� i•i'f. �� L. � "Pro�ect" af "Development" means Che Property and any additional real property that may be annexed that is ta be develaped and impraved� 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 pravisions of this Declaration and any Supplement of the Declar- " ation recorded in accordance with this Declaration. N. "Subdivision Map" means the recarded £inal subdivision map for the Plat of Glambrasu II described in the Recitals and any recarded f�nal sub- � division map for the real property annexed. � 3. CQMMON AREA: Common Areas shall be owned as tenants in cammon by the Owners of Lots 1 through 5 far the following purposes: (i} driveways and roads for ingress and egress ta the individual lats „ of owners. , . , {2} for uti2ities (sewers, water, electricity, telephane, T.V. cahle� gas, etc,) which are for the benefit of the Qwners; (3) far parking by Owners in parking spaces which ad,�ain their individual lots 'and which are lncated in the Comman Areas; (4) for such oCher use of the owners as they shall seC forth in the By- Laws of their Association or in their Rules and Regulations. 4. HOMEOWNERS ASSOCIATION: A31 Owner� shall be members of an unincorporated homeowners assoclatian and each member shall have one vote far each lot owned. . 5. PURPOSE: The purpose af the Association shall be to maintain the Comman Areas and to enfarce the maintenance of the exCeriors of Owners buildings and improve- ments and yards of their respective lots. b. APPROVAL OF MODiFICATIONS OR ADDITIONS: � The Associatfon 'saus� �appra�te �aT�Y iwprovements. �o�i3.fi'catians or additi�ons ta the exterior' of��Owners existing hu32dings and the p�acement af �-�ny addi�iona� ezructo'rs,' �ncluding �Fences�, an`an'-Qi�rner� Lat. 7. MANAGER: G1,ambrass sha11 be the manager of the Homeawners Aasociation a� long as it awns a lot in the camplex. The Qwners shall pay manthly ta the manager af the Homeawners Association an amount estlmated to cover the cost of maintaining the Gommon Areas. Manager shall be responaible for the maintenance of the Commot� Areas and ahall have � � �� r .�.. • � the 'authority to employ such persons or firms as the Manag�r finds reasonable � ' and necessary to da so. However, Manager shall not pay tuore for such servlce� than is standard in the area. if the amaunt of monthiy paymenCs the Manager esCimaCed were required ta caver Lhe axper�ses of maintaining the Cammon Areas� should prove to be in- sufficisnt to do sa the Manager may callect fram each homeawner the deficiency and increase the amount of the monthly maintenance charges. If an Owner fails ta maintain the exteriar of his impravements or h3s yeard in a satisfactory condition� the Manager may (after giving the Oc�ner . 30 days written notice as to his or her intention to do so if the Owner hasn't , carrected the unsatisfactory condition within 30 days after the giving of said notice} correct the unsatisfactary canditian at the Owners expense and such Owner herehy appaints the Manager as his agent for such purpase. ' After Glambrass no longer owns any Lats in the cawplex the hameowners shall elect a Manager to mair�tain the Camman Areas and see that the CYwners maintaln their individual properties accordir�g to these Declaratians, The hameowners shall meet once a year ta do the following: (1} elect a manager; (2) estab2i.sh a monthly fee; (3} review contracts with outside persons ar firms providing m�intenance servcies to the Association, {G} approve purchase af any necessary taols, supplies and materials; (5� to review an accourcting provided by the Manager shawing 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. Na Manager ar any agent of the Homeowners Association of the Declarant� when actin$ in such capacity. shall be liable to any {7wner ar to any other party, including the Associatian, for any damage. lass, or prejudice suffered or claimed ar� account of any acts, omission, error ar negligence of any such person if such persan has acted in good faiCh and in a manner such person rea- sanably believefl to be in the best interest af the Association. Any Owner may at any reasonable Cime inspect. copy or make extracts of any books, records� and documents of the Association. S. UOTING RIGHTS: � Except as otherwise provlded in this Declaratlan, or the By-Laws, all matters requiring the approval of Owners shall be deemed approved if Qwners halding a ara,�ority of the tatal voting pawer of all Ownera ascent to them by written consent ar if approved at anp duly called regular or speCial meeting at which a quarum 1s present, a quorum being a meeting where Owners halding � • a majority of the voCing power are present� by a ma�ority vate af the total vating powex present at said meoting� either in person or by proxy. �� 9. ASSESSMENTS: A. Agreement ta Pay. The Declarant covenants and agrees for each Lot , owned by it 1n the Pro,�ect that 3s expresaly made sub�ect to asaessments as � � � 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 provislons of this Declaration by non-�udicial proceedings under a power of sale or by any other means authorized by law. B. Assessments as Personal Obligations of Owner. Each assessment or installmenG, 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 �ointly 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 1n interest. No owner may be relieved from the obligations to pay assessments or installments by waiving the use or en,�oyment 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 commecrement 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 1X 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 e 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 rr i:'/ � . � 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 Assess�ent 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 �udi- 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 satisfact.ion and release of lien. The lien shall also terminate if a foreclosure action 1s not commenced within one year fro� 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 r�voked 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 Der_larant, this Declara- tion may be amended or revoked in any respect by the vote or written consent of the owners of a ma�ority 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 Pro�ect 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 o� 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 g�ven to the transferee if duly and timely made and given to the transferees transferor. Mailing addresses may be changed at any time � / , , � •r •� . f ♦.\ • • � � y � i . r � upon written notificatian Co the Associatian. Notices shall be deemed received 48 hours after mailing if mailed to the transferee, or to his transEeror if the Association has received no notice af transfer as above provided at the mailing address above speclfied. 12. SfiANDARDS OF t�YAINTENANCE: A. The common areas - roadways, driveways and common landscape areas- 4� st►all be maintained ta City of Renton standards. B. Al1 strucCures musC retain a common, not necessarily exacC, ex- terior appearance. C. There shall be no construction within the common areas, and es- pecially within 5 feet o£ the dwelling units to be built on the Property. D. Na provision of this paragraph 12 maq be nullified, changed or modified or amended by the Decl.arant ar by the Homeawner's Association or it 's members. Declarant has execuCed this instrument as of the ,�7r� day of t�-g�.Y , 1987. ( -�Y �,-�r��,�� s s �T� DECI.ARANT BY r�-~l!',+�'c� - '�"=i,.' � STATE OF_�A.SH7.�G.:CCi�? . as. County of �n� On Ehie 27t1�„�day of ' n�arv ,A.D. 19_..HZ.,_.,befor�me,the undereigned, s�Notary Public in and for the State of �1�shington duly commiasioned and aworn pereanally appeara� E�lwTard �on2a1��: ta me known to be the individual�dascribed in and who executed the foregoing insirument, and acknowtedgad to e that_..he__.signed and sealed ihe said instrument as hi s ..._...frce and voluntary act aad dced for the uses and pu�po � thexein mentioned. WITNESS my hand and afficia!seal hereto af�ixed the day and year in thia certificate aba�ttas�. .. -�c3��+� � �..---� Notary Public in and For tha State of—�S}37 �LI1�rC-t1fi' reriding a" �,�Y t 1 N My commissian expires 3-19-90 � � (Acknawlcdgmeni by Iodividual. Wxiahington'Title ln�usaaao Compaay. �orm L 2$�