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City Clerk's Office 01101 0 111111 111 111 111 11
City of Renton
1055 South Grady Way 20110211001138
Renton, WA 98057
CITY OF RENTON COY 85.00
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KING COUNTY, UA
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20110211001137
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I am requesting an emergency nonstandard recording for an additional fee as provided in RCW
36.18.010. I understand that the recording processing requirements may cover up or otherwise
obscure some pare of the text on the original document.
Signature of Requesting Party
DELANEY PARK
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
THE PLAT OF DELANEY PARK
THIS DECLARATION, made this , day of b , _2910, by RICK
BURNSTEAD CONSTRUCTION LLC, a Washington Limited Liability Company,
hereinafter called "Developer",
WITNESSETH:
WHEREAS, Developer is the owner of the real property described in Article II of
this declaration and desires to create thereon a residential community with permanent
landscaped areas and other amenities for the benefit of the said community; and
WHEREAS, developer desires to provide for the preservation of the values and
amenities of said community and, for the maintenance of said areas; and, to this end,
desires to subject the real property described in Article II together with such additions
as may hereafter be made thereto (as provided in Article II) to the covenants,
restrictions, easements, charges and liens, hereinafter set forth, each and all of which is
and are for the benefit of said property and each owner thereof, and
WHEREAS, developer has deemed it desirable for the efficient preservation of
the values and amenities in said community, to create an agency to which should be
delegated and assigned the powers of maintaining and administering the community
properties and facilities, administering and enforcing the covenants and restrictions,
and collecting and disbursing the assessments and charges hereafter created; and
WHEREAS, Developer has incorporated under the laws of the State of
Washington, as a non-profit corporation, the DELANEY PARK HOMEOWNERS
ASSOCIATION, for the purpose of exercising the functions aforesaid:
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NOW, THEREFORE, the Developer declares that the real property described in
Article II, and such additions thereto as may hereafter be made pursuant to Article II
hereof, is and shall be held, transferred, sold, conveyed and occupied subject to the
covenants, conditions, restrictions, easements, charges and liens (sometimes referred
to as "covenants, conditions and restrictions") hereinafter set forth.
ARTICLE I
DEFINITIONS
Section 1: The following words when used in this Declaration or any
Supplemental Declaration (unless the context shall prohibit) shall have the following
meanings:
(a) "Association" shall mean and refer to DELANEY PARK HOMEOWNERS
ASSOCIATION.
(b) "The Properties" shall mean and refer to all such existing properties, and
additions thereto, as are subject to this Declaration or any Supplemental
Declaration under the provisions of Article II hereof.
(c) "Common Properties" shall mean and refer to those areas of land shown
on any recorded subdivision plat or deeded to and accepted by the
Association of The Properties and intended to be devoted to the common
use and enjoyment of the owners of The Properties.
(d) "Lot" shall mean and refer to any plot of land shown upon any recorded
subdivision map of The Properties with the exception of common
Properties as heretofore defined.
(e) "Owner" shall mean and refer to the record owners, whether one or more
persons or entities, of the fee simple title to any Lot or Living Unit situated
upon The Properties but, notwithstanding any applicable theory of the
mortgage, shall not mean or refer to the mortgagee unless and until such
mortgagee has acquired title pursuant to foreclosure or any proceeding in
lieu of foreclosure.
(f) "Member" shall mean and refer to all those Owners who are members of
the Association as provided in Article III, Section I, hereof.
(g) "Board" shall mean and refer to the Board of Directors of the Association,
as provided for in Article XII. For purposes of exercising the powers and
duties assigned in this Declaration to the Board, this term shall also mean
the "Temporary Board" of "Declarant" as provided in Article IV, unless the
language or context clearly indicates otherwise.
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(h) "Declarant" shall mean and refer to RICK BURNSTEAD CONSTRUCTION
LLC., their successors and assigns.
(i) "Common Maintenance Areas" shall mean those portions of all real
property (including the improvements thereto) maintained by the
Association for the benefit of the members of the Association.
(j) "Public Maintenance Areas" shall mean those portions of Public Right-of-
Way where the right-of-way elements will be privately developed, but
publicly owned, and jointly maintained. The areas to be maintained by
The City of Renton at the time of recording this Declaration are described
as follows:
(k) "Development Period" shall mean and refer to that period of time defined
in Article V of this Declaration.
(I) "Plat" shall mean and refer to the Plat of DELANEY PARK, as recorded in
Volume 2Slo of Plats, Page '73- 77 records of King County,
Washington, under Recording No. 2 ® 1 1 Q 2 1. 1 0 0 1 1 3 7
(m) "Mortgage" means a mortgage, deed of trust or a real estate contract
covering all or part of a Lot.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION:
AND ADDITIONS THERETO
Section 1: Existing Property. The real property which is, and shall be held,
transferred, sold, conveyed, and occupied subject to this Declaration is located in The
City of Renton, King County, Washington, and is more particularly described as follows:
The Plat of DELANEY PARK, according to the plat recorded in Volume
of Plats, page , records of King County, Washington, all of which real
property shall hereinafter be referred to as "Existing Property".
Section 2: Additions to Existing Property. Additional lands may become
subject to this Declaration in the following manner.
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(a) Additions Upon Approval. Upon approval in writing by the Board of
Directors of the DELANEY PARK HOMEOWNERS ASSOCIATION as
provided in its Articles of Incorporation, adjoining property may be added
and be subject to the jurisdiction of the DELANEY PARK HOMEOWNERS
ASSOCIATION.
(b) Mergers. Upon a merger or consolidation of the Association with another
association as provided in its Articles of Incorporation, its properties,
rights, and obligations may, by operation of law, be transferred to another
surviving or consolidated association or, alternatively, the properties,
rights and obligations of another association may, by operation of law, be
added to the properties, rights and obligations of the Association as a
surviving or consolidated association may administer the covenants and
restrictions established by this Declaration within the Existing Property
together with the covenants and restrictions established upon any other
properties as one scheme. No such merger or consolidation, however,
shall affect any revocation, change or addition to the covenants
established by this Declaration within the Existing Property except as
hereinafter provided.
ARTICLE III
RESIDENTIAL AREA COVENANTS
Section 1: Land Use and Building Type. All building sites in the plat,
excluding designated recreational areas shall be known as described as residential
building sites. No structure shall be erected, altered, placed or permitted to remain on
any building site other than one detached single family dwelling not to exceed two (2)
stories in height (excluding basement), a private garage for not less than two (2) cars,
play and accessory structures, including, but not limited to garden sheds, tool sheds,
play houses, and playground equipment, fences, walls, and appurtenant recreational
facilities (e.g. hot tubs, spas, basketball courts and hoops, tennis courts, bath houses,
swimming pools and sports courts) all incidental to residential use of the premises. All
zoning and land use ordinances, rules and regulations of the City of Renton, as found in
the Land Use Codes, shall apply to all lots.
Section 2,: Building Location. Buildings shall be located in conformance with
setbacks established by the City of Renton. For the purpose of this covenant, eaves,
steps and open porches shall not be considered as a part of a building, provided,
however, that this shall not be construed to permit any portion of a building on a lot to
encroach upon another Lot or Tract.
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Section 3: Easements. Easements for installation and maintenance of utilities
and drainage facilities are reserved as shown on the recorded plat. Within these
easements, no structure, planting or other material shall be placed or permitted to
remain which may damage or interfere with the installation and maintenance of utilities,
or which may change the direction of flow of drainage channels in the easements, or
which may obstruct or retard the flow of water through drainage channels in the
easements. The easement area of each lot and all improvements in it shall be
maintained continuously by the owner of the lot, except for those improvements for
which a public authority or utility company is responsible.
Landscape easements located on lots 27 and 1 is granted and conveyed to the
Delaney Park Homeowners Association. Maintenance of the entrance monument and
the landscaping lying with said easement shall be the responsibility of the Association.
Landscaping within the Public Right of Way along Nile Ave is to be the
reasonability of the Delaney Park Homeowners Association unless the City adopts a
maintenance program.
Section 4: Tracts.
Tracts A is a Critical Areas Tract and owned and maintained by the Delaney
Park Homeowners Association. Restrictions for Critical Area Tracts and Critical Area
Buffers: Dedication of a Critical Area Tract/Critical Area and Buffer conveys to the
public beneficial interest in the land within the tract/critical area and buffer. This interest
includes the preservation of native vegetation for all purposed that benefit the public
health, safety and welfare, including control of surface water and erosion, maintenance
of slope stability, and protection of plant and animal habitat. The critical areas
tract/critical area and buffer imposes upon all present and future owners and occupiers
of the land subject to the tract/critical area and buffer the obligation, enforceable on
behalf of the public by City of Renton, to leave undisturbed all trees and other
vegetation within the tract/critical area and buffer. The vegetation within the tract/critical
areas an buffer may not be cut, pruned, covered by fill, removed or damaged without
approval in writing form the City of Renton Community and Economic Development or
its successor agency, unless otherwise provided by law.
Tract B is for open space, recreation and detention and are hereby conveyed to
the Cameron Place Homeowners Association upon recording of the plat. The
homeowners association shall be responsible for the cost of maintenance, repairs, and
reconstruction of any portion of the storm drainage facilities within said tracts as well as
landscaping and park equipment maintenance.
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Section 5: Nuisances. No noxious or offensive activity shall be carried on
upon any lot, nor shall anything be done thereon which may be or may become an
annoyance or nuisance to the neighborhood. Nothing shall be done or maintained on
any Lot or within any Dwelling which may be or may become an annoyance or nuisance
to the neighborhood or other Owners within the Property or other activity which may or
does detract from the value of the Property.
Section 6: Temporary Structures. No structure of a temporary character,
trailer, recreational vehicle, tent, shack, garage, barn or any other outbuilding shall be
used on any lot at any time as a residence for a period longer than fourteen (14) days,
except for a temporary security office during construction by the Developer.
Section 7: Construction Period. Any dwelling or structure erected or placed
on any lot in this subdivision shall be completed as to external appearance, including
finish painting, within ten (10) months from the date of start of construction except for
reasons beyond control in which case a longer period may be permitted, if authorized
by the Architectural Control Committee.
Section 8: Signs. No sign of any kind shall be displayed to the public view on
any lot except one professional sign of not more than one (1) square foot, one sign of
not more than five (5) square feet advertising the property for sale or rent, or signs used
by a builder to advertise the property during the construction and sales period. Political
yard signs of not more than five (5) square feet are allowed during campaign periods.
For purpose of these covenants campaign period shall be the period two months prior
to the election for which the sign is directed or intended to influence the vote.
Section 9: Animals and Poultry. No animals, livestock or poultry of any kind
shall be raised, bred or kept on any lot except that dogs, cats or other small household
animals or birds may be kept, provided that they are not kept, bred or maintained for
any commercial purpose. Pets shall be confined in owners lot, unless on a leash and
accompanied by a responsible person. Pets shall be registered, licensed and
inoculated from time to rime as required by law. All pens and enclosures must be
approved by the Architectural Control Committee prior to construction and shall be kept
clean and odor free at all times.
Section 10: Garbage. No lot shall be used or maintained as a dumping ground
for rubbish or trash. Garbage or other waste shall not be kept except in sanitary
containers. All equipment for the storage or disposal of such material shall be kept in a
clean and sanitary condition out of site from the street, except on pickup day.
Section 11: Fences. No fence or wall 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, the top of which does not extend more than three (3) feet
above the finished grade at the back of said retaining wall. Exemptions to this
paragraph may be granted by the procedure specified in Article IV (Architectural Control
Committee). All fences must be approved by the Architectural Control Committee
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Review Board. All fences to be built shall be the same color and design as the fences
constructed by the Declarant unless otherwise approved by the Architectural Control
Committee Review Board. The approved fence stain color is Cabot #336 Chestnut
Brown, semi transparent stain. All fences shall comply with The City of Renton Codes
as written now or hereafter amended.
Section 12: Oil and Mining Operation. Oil drilling, oil development operations,
refining, mining operations of any kind, or quarrying shall not be permitted upon or in
any of the building sites in the Plat described herein, nor shall oil wells, tanks, tunnels,
mineral excavations or shafts be permitted upon or in any of the building sites covered
by these covenants.
Section 13: Campers, Trailers & Recreational Vehicles. The keeping of a boat,
boat trailer, camper, mobile home, recreational vehicle or travel trailer, cars or similar
objects, either with or without wheels, on any parcel of property covered by these
covenants is prohibited unless written permission is granted by the procedure specified
in Article X, Section 3 (Maintenance of Lots) providing for storage to be no less than 30
feet to the front lot line, or nearer than 30 feet to any side street line; provided, that
such personal property or vehicle shall be adequately screened and/or placed within a
structure which screening or structure has been architecturally approved by the
Architectural Committee.
Section 14: Utilities and Satellite Dishes. The wiring of accessory buildings or
lights of any kind shall be underground. No radio or television antennae, transmitters,
or other similar devices, shall be constructed or allowed on any Lot. Satellite receiving
dishes shall be allowed, subject to the review of Committee, however no such device
shall be located on any Lot in a location that is visible from the adjoining homes,
streets, and roadways, and shall not be located at the front elevation of the home. This
includes, but is not limited to, rooftops. The Committee may grant a variance to these
location restrictions due to satellite reception problems. Any satellite device must be
properly screened. Any violation of these restrictions may result in the removal of such
device, at the sole expense of the Lot Owner causing the violation, if not removed within
48 hours after the notice of removal requirement has been delivered to the Lot Owner
causing the violation.
Section 15: Tree Protection. A tree retention plan (see sheet C1.017 of
approved plan set on file with the City of Renton under file no ) All
retained trees are located within the CAT, Tract A.
Section 16: Covenants Running With Land. These covenants are to run with
the land and shall be binding on all persons claiming under them for a period of thirty
(30) years from the date these covenants are recorded, after which time said covenants
shall be automatically extended for successive periods of ten (10) years unless an
instrument signed by a majority of the then-owners of the lots has been recorded,
agreeing to change said covenants in whole or in part.
Section 17: Enforcement. Enforcement shall be by 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.
Section 18: Severability. Invalidation of any one of these covenants by
judgment or court order shall in no way affect any of the other provisions which shall
remain in full force and effect.
ARTICLE IV
ARCHITECTURAL CONTROL COMMITTEE
Section 1. No building, fence, wall, recreational facilities, antenna or other
accessory structures shall be commenced, erected or maintained upon The Properties,
nor shall any exterior addition to or change or alteration therein be made until the plans
and specifications showing the nature, shape, height, materials, and location of the
same have been submitted to and approved in writing as to harmony of external design
and location in relation to surrounding structures and topography by the Architectural
Control Committee composed of two or more representatives appointed by the Board,
except for initial construction and improvements associated with residency which are
constructed by the Declarant (s). The committee shall also review proposals to change
the exterior color of homes in the plat.
Section 2. The initial Architectural Control Committee shall be composed of
the following: Paula Judson, 11980 NE 24th St # 200, Bellevue, WA, 98005; Steven
Ehrlich, 11980 NE 24th St # 200, Bellevue, WA, 98005; Leanne Mueller, 11980 NE 24th
St# 200, Bellevue, WA, 98005;
Section 3. The Architectural Control Committee shall have the primary
responsibility of interpreting and enforcing the rules and regulation of building and
improvements subject to the procedures hereinafter set forth. The Architectural Control
Committee shall adopt such reasonable and uniform rules of architectural control as the
Board of Directors may prescribe, including, but not necessarily limited to the following:
3.1 No construction of a dwelling, other than by the Declarants, may be
started on a platted residential lot without first obtaining:
(a) A building permit from the proper local governmental authority if required
and,
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(b) Written approval from the Architectural Control Committee designated by
it pursuant to Article IV of these covenants. (Not required for construction
done by the Declarants)
(c) Each single family residence on a platted residential lot shall contain a
minimum floor area of 1500 square feet if a one story residence, and 1800
square feet if more than a one story residence, exclusive of open decks
(covered or uncovered), garages, covered carports, sheds or outbuildings.
(d) Garages on platted residential lots may be detached from the main
dwelling structure. The design and roof materials of garages shall be
compatible with those of the main dwelling.
The committee's approval or disapproval as required in these covenants shall be
in writing. The Architectural Control Committee designated by it shall determine
whether any given use of a platted residential lot unreasonably interferes with an
abutting owner's use of his property, and such determination shall be conclusive. In the
event the committee, or its designated representative, fails to approve within forty-five
(45) days after plans and specifications have been submitted, 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.
ARTICLE V
DEVELOPMENT PERIOD; MANAGEMENT RIGHTS OF
DECLARANT DURING DEVELOPMENT
Section 1. Management By Declarant. "Development Period" shall mean that
period of time from the date of recording the Declaration until (1) a date five (5) years
from the date of recording this Declaration or (2) the thirtieth (30th) day after Declarant
has transferred title to the purchasers of Lots representing 99 percent of the total voting
power of all Lot Owners as then constituted or (3) the date on which Declarant elects to
permanently relinquish all of Declarant's authority under this Article V by written notice
to all owners, whichever date first occurs. Until termination of the Development Period,
either upon the sale of the required number of Lots, the expiration of five years or at the
election of the Declarant, the Property shall be managed and the Association organized
at the sole discretion of the Declarant. If the Development Period has terminated under
the foregoing provision (2), the addition of Other Parcels to the Properties already
subject to this Declaration shall not change the fact that the Development Period has
terminated as to the Properties. If the Development Period has not terminated pursuant
to provision (2) herein before the addition of Other Parcels to the Properties, the 99
percent of the total voting power shall be determined on the basis of the voting power of
all the Lots then in the Property after the addition of the Other Parcels.
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Section 2. Notice To Owners. Not less than 10 nor more than 30 days prior to
the termination of the Development Period, the Declarant shall send written notice of
the termination of the Development Period to the Owner of each Lot. Said notice shall
specify the date when the Development Period will terminate and shall further notify the
Owners of the date, place and time when a meeting of the Association will be held. The
notice shall specify that the purpose of the Association meeting is to elect new Officers
and Directors of the Association. Notwithstanding any provision of the Articles or
Bylaws of the Association to the contrary, for the purpose of this meeting, the presence,
either in person or by proxy, of the Owners three (3) lots shall constitute a quorum. The
Board of Directors and Officers of the Association may be elected by a majority vote of
said quorum. If a quorum shall not be present, the Development Period shall
nevertheless terminate on that date specified in said notice and it shall thereafter be the
responsibility of the Lot Owners to provide for the operation of the Association.
Section 3. Temporary Board. Declarant may, in his sole discretion, and at
such times as the Declarant deems appropriate, appoint three persons who may be Lot
Owners, or are representatives of corporate entities or other entities which are Lot
Owners, as a Temporary Board. This Temporary Board shall have full authority and all
rights, responsibilities, privileges and duties to manage the Properties under this
declaration and shall be subject to all provisions of this Declaration, the Articles and the
Bylaws, provided that after selecting a Temporary Board, the Declarant, in the exercise
of his sole discretion, may at any time terminate the Temporary Board and reassume its
management authority under Article V or select a new Temporary Board under this
section of Article V.
Section 4. Management Of Plat During Development Period. So long as no
Temporary Board is managing the Properties or until such time as the first permanent
Board is elected, should Declarant choose not to appoint a Temporary Board, Declarant
or a managing agent selected by the Declarant shall have the power and authority to
exercise all the rights, duties and functions of the Board and generally exercise all
powers necessary to carry out the provisions of this Declaration, including but not
limited to enacting reasonable administrative rules, contracting for required services,
obtaining property and liability insurance, and collecting and expending all assessments
and Association funds. Any such managing agent or the Declarant shall have the
exclusive right to contract for all goods and services, payment for which is to be made
from any monies collected from assessments.
Section 5. Purpose Of Development Period. These requirements and
covenants are made to ensure that the Properties will be adequately administered in
the initial stages of development and to ensure an orderly transition to Association
operations. Acceptance of an interest in a Lot evidences acceptance of this
management authority in Declarant.
Section 6. Expenditures During Development Period. During the
Development Period, Declarant, or any successor of Declarant, shall have the sole
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discretion to use and consume all or so much of the dues paid in as in Declarant's
judgment is necessary or expedient in maintaining the common areas and carrying out
the other functions of the Homeowners Association. Maintenance of common areas
include, but are not limited to, (1) replacement of dead or missing flowers, annual color
change, shrubs, trees or grass; (2) irrigation costs and repairs; and (3) costs to correct
any vandalism.
Other functions include, but are not limited to, any legal fees associated with
Declarant, or any successor of Declarant, carrying out any duties during the
Development Period, including all costs associated with turning over the Homeowners
Association after the expiration of said Development Period.
Upon termination of the Development Period, Declarant shall deliver any funds
remaining to the Homeowners Association. It is provided, however, that if, during the
Development Period, the expenses have exceeded the receipts, Declarant shall have
no claim against the Homeowners Association.
Declarant, or any successor of Declarant, shall not be held liable to the
Homeowners Association for monetary damages for conduct as the Declarant and shall
be held harmless from any and all legal actions brought by the Association for the
administration of the Association prior to expiration of the Development Period.
ARTICLE VI
PROPERTY RIGHTS IN COMMON PROPERTIES
Section 1: Members' Easements of Enjoyment. Subject to the provisions of
Section 3 below, every member shall have a right and easement of enjoyment in and to
the Common Properties and such easement shall be appurtenant to and shall pass with
the title to every Lot.
Section 2: Title to Common Properties. The Developer may retain the legal
title to the common Properties, if any, until such time as it has completed improvements
thereon and until such time as, in the opinion of the Developer, the Association is able
to maintain the same, but notwithstanding any provision herein, the Developer hereby
covenants, for itself, its heirs and assigns, that it shall convey the Common Properties
to the Association as outlined in Article V, Section I.
Section 3: Extent of Members' Easements. The rights and easements of
enjoyment created hereby shall be subject to the following:
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(a) The right of the Developer and of the Association, in accordance with its
Articles and Bylaws, to borrow money for the purpose of improving the
Common Properties and in aid thereof to mortgage said properties. In the
event of a default upon any such mortgage the lender shall have a right,
after taking possession of such properties, to charge admission and other
fees as a condition to continued enjoyment by the members and, if
necessary, to open the enjoyment of such properties to a wider public until
the mortgage debt is satisfied, whereupon the possession of such
properties shall be returned to the Association and all rights of the
Members hereunder shall be fully restored; and
(b) The right of the Association to take such steps as are reasonably
necessary to protect the above described properties against foreclosure;
and
(c) The right of the Association, as provided in its Articles and Bylaws, to
suspend the enjoyment rights of any Member for any period during which
any assessment remains unpaid, and for any period not to exceed sixty
(60) days for any infraction of its published rules and regulations; and
(d) The right of the Association to charge reasonable admission and other
fees for the use of the Common Properties; and
(e) The right of the Association to donate all operating and capital surpluses
in excess of anticipated maintenance, replacement and capital
improvement requirements to qualified public and private charitable uses;
and
(f) The right and responsibilities for the maintenance of the common
maintenance areas as delineated on the face of the recorded plat and on
other recorded documents; and
(g) Transfer of common areas used for open space, parks or storm detention
must first be approved by The City of Renton as complying with the
conditions that allowed the City to approve the underlying plat. The right
of the Association to dedicate or transfer all or any part of the Common
Properties to any person, public agency, authority or utility for such
purposes and subject to such conditions as may be agreed to by the
Members of the Association provided that no such dedication or transfer,
determination as to the purposes or as to the conditions thereof, shall be
effective unless an instrument signed by Members entitled to cast two-
thirds (2/3) of the votes of membership has been recorded, agreeing to
such dedication, transfer, purpose or condition, and unless written notice
of the proposed agreement and action there under is sent to every
Member as least ninety (90) days in advance of any action taken.
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ARTICLE VII
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1: Creation of the Lien and Personal Obligation of Assessments.
The Developer for each Lot owned by it within The Properties hereby covenants
and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be
so expressed in any such deed or other conveyance, be deemed to covenant and
agree to pay to the Association: (1) annual assessments to be fixed, established, and
collected from time to time as hereinafter provided, (2) special assessments for capital
improvements. The annual and special assessments, together with such interest
thereon and costs of collection thereof as hereinafter provided, shall be a charge on the
land and shall be a continuing lien upon the property against which each such
assessment is made. Each such assessment, together with such interest thereon, and
cost of collection thereof as hereinafter provided, shall also be the personal obligation
of the person who was the Owner of such property at the time when the assessment fell
due.
Section 2. Purpose Of Assessments. The assessments levied by the
Association shall be used exclusively to promote the recreation, health, safety and
welfare of the residents of the Properties and for the improvement and maintenance of
the Common Maintenance Areas as provided in Article IX.
Section 3. Annual Assessment. Starting TBD the annual assessment
shall be $ per Lot.
The annual assessment may be increased during the Development Period to
reflect increased (1) maintenance costs, (2) repair costs, or (3) plat management costs.
All increases in the annual assessment during the Development Period must directly
reflect increases in the above recited costs. It shall not be necessary to amend this
Declaration to increase the annual assessment during the Development Period. During
this period, the Declarant will give members of the Association notice of increased
assessments thirty (30) days before such assessments become effective.
(a) After the Development Period expires, the maximum annual assessment
may be increased each year not more than twenty (20%) percent above
the maximum annual assessment for the previous year without a vote of
the membership.
(b) After the Development Period expires, the maximum annual assessment
may be increased by more than twenty (20%) percent only if sixty (60%)
percent of the members of the Association, who are voting in person or by
proxy at a meeting duly called for this purpose, consent to such an
increase.
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(c) After the Development Period expires, the Board of Directors shall fix the
annual assessment subject to the above-recited standards.
Section 4. Special Assessments For Capital Improvement. In addition to the
annual assessments authorized above, the Association may levy, in any assessment
year, a common assessment, applicable to that year only, for the purpose of defraying,
in whole or in part, the cost of any construction, reconstruction, repair or replacement of
a capital improvement upon the Common Maintenance Areas not provided by this
Declaration, including fixtures and personal property related thereto, provided that any
such assessment shall have the assent of sixty (60%) percent of the members of the
Association who are voting in person or by proxy at a meeting duly called for this
purpose.
Section 5. Special Assessments For Legal Fees And Damages. In addition to
the annual and special assessments authorized in Section 4, the Declarant or the
Association may levy in any assessment year a special assessment for the purpose of
defraying, in whole or in part, (1) the cost of legal fees and costs incurred in legal
actions in which the Association is a party, (2) the cost of legal fees and costs incurred
in any action in which a member of either the Board or Architectural Control Committee
is named as a party as a result of a decision made or action performed while acting in
behalf of the Homeowners Association, or (3) any other reasonable expenses incurred
by the Homeowners Association. The assessment shall require the consentof fifty-one
(51%) percent of the members of the Association at a meeting duly called for this
purpose.
Section 6: Quorum For Any Action Authorized Under Sections 4 and 5. The
quorum required for any action authorized by Sections 4 and 5 hereof shall be as
follows:
At the first meeting called, as provided in Section 4 and Section 5 hereof, the
presence at the meeting of Members or of proxies entitled to cast fifty (50) percent of all
the votes of each class of membership shall constitute a quorum. If the required
quorum is not forth coming at any meeting, another meeting may be called, subject to
the notice requirement set forth in the Bylaws, and the required quorum at any such
subsequent meeting shall be one-half (1/2) of the required quorum at the preceding
meeting, provided that no such subsequent meeting shall be held more than sixty (60)
days following the preceding meeting.
Section 7: Date of Commencement of Annual Assessments; Due Dates.
The annual assessments provided for herein shall commence on TBD.
The assessments for any year, after the first year, shall become due and
payable on the first day of January of said year.
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The due date of any special assessment under Section 4 hereof shall be fixed in
the resolution authorizing such assessment.
Section 8: Duties of the Board of Directors. The Board of Directors of the
Association shall fix the date of commencement and the amount of the assessment
against each Lot for each assessment period at least thirty (30) days in advance of
such date or period and shall, at that time, prepare a roster of the properties and
assessments applicable thereto which shall be kept in the office of the Association and
shall be open to inspection by any Owner.
Written notice of the assessment shall thereupon be sent to every Owner subject
thereto.
Section 9: Effect of Non-Payment of Assessment; The Personal Obligation of
the Owner; The Lien; Remedies of Association. If the assessments are not paid on the
date when due (being the dates specified in Section 7 hereof), then such assessment
shall become delinquent and shall, together with such interest thereon and cost of
collection thereof as hereinafter provided, thereupon become a continuing lien on the
property which shall bind such property in the hands of the then Owner, his heirs,
devisees, personal representatives, and assigns. Each such assessment, together with
such interest thereon, and cost of collection thereof as hereinafter provided, shall also
be the personal obligation of the person who was the Owner of such property at the
time when the assessment fell due.
If the assessment is not paid within thirty (30) days after the delinquency date,
the assessment shall bear interest from the date of delinquency at the rate of twelve
(12) percent per annum, and the Association may bring an action at law against the
Owner personally obligated to pay the same or to foreclose the lien against the
property, and there shall be added to the amount of such action, and in the event a
judgment is obtained, such judgment shall include interest on the assessment as above
provided and a reasonable attorney's fee to be fixed by the Court together with the
costs of the action.
Section 10: Subordination of the Lien to Mortgages. In the event of the
foreclosure of (a) the lien for the assessment provided for herein, or (b) any mortgage
or mortgages now or hereafter placed upon the properties subject to assessment, the
lien for the assessment provided for herein shall be subordinate to the lien of said
mortgage or judicial foreclosure pursuant to RCW 61.24, forfeiture of a real estate
contract or any proceeding in lieu of foreclosure or forfeiture shall not relieve such
property from liability for any assessments thereafter becoming due, nor from the lien of
any such subsequent assessments.
Section 11: Exempt Property. The following property subject to this
Declaration shall be exempted from the assessment charge and lien created herein:
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(a) All properties to the extent of any easement or other interest therein
dedicated and accepted by a local public authority and devoted to public
use;
(b) All Common Properties as defined in Article I, Section 1 hereof;
(c) All properties exempted from taxation by the laws of the State of
Washington, upon the terms and to the extent of such legal exemption.
Notwithstanding any provisions herein, no land or improvements devoted to
dwelling use shall be exempt from said assessments, charges or liens.
ARTICLE VIII
HOMEOWNERS ASSOCIATION
Section 1. Non-Profit Corporation. After the Development Period expires, the
Association shall be a non-profit corporation under the laws of the State of Washington.
The Homeowners Association may be an unincorporated Association during the
Development Period, unless the Declarant elects to incorporate the Association.
Section 2. Membership. Every person or entity, which is an Owner of any Lot,
shall become a member of the Association. Membership shall be appurtenant to the
Lot and may not be separated from ownership of any Lot and shall not be assigned or
conveyed in any way except upon the transfer of title to said Lot and then only to the
Transferee of title to the Lot. All Owners shall have the rights and duties specified in
this Declaration, the Articles and the Bylaws of the Association.
Section 3. Voting Rights. Owners, including the Declarant, shall be entitled to
one vote for each Lot owned. When more than one person or entity owns an interest in
any Lot, the vote for that Lot shall be exercised as the Owners decide to exercise that
vote, but, in no event, shall more than one vote be cast with respect to any Lot, nor
shall any vote be divided. The voting rights of any Owner may be suspended as
provided for in this Declaration, the Articles and the Bylaws of the Association.
Section 4. Meetings. Meetings shall be conducted in accord with the
specifications set forth in the Bylaws of the DELANEY PARK HOMEOWNERS
ASSOCIATION.
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ARTICLE IX
MANAGEMENT BY BOARD
Section 1. Expiration Of The Development Period. Upon expiration of the
Declarant's management authority under Article IV, all administrative power and
authority shall vest in a Board of three (3) directors who need not be members of the
Association. The Association, by amendment of the Bylaws, may increase the number
of directors. All Board positions shall be open for election at the first annual meeting
after termination of the Development Period under Article IV.
Section 2. Terms. The terms of the Board are defined in the Bylaws.
Section 3. Powers Of The Board. All powers of the Board must be exercised
in accord with the specifications which are set forth in the Bylaws. The Board, for the
benefit of all the Properties and the Lot Owners, shall enforce the provisions of this
Declaration and the Bylaws. In addition to the duties and powers imposed by the
Bylaws and any resolution of the Association that may be hereafter adopted, the Board
shall have the power and be responsible for the following, in way of explanation, but not
limitation:
(a) Insurance. Obtain policies of general liability insurance.
(b) Legal and Accounting Services. Obtain legal and accounting services, if
necessary, to the administration of Association affairs, administration of
the Common Areas, or the enforcement of this Declaration.
(c) Maintenance. Establish maintenance and use standards for the common
areas and common maintenance areas which may include publicly owned
areas such as landscaping in street right of ways, entry monument and
the open space/recreation areas as listed in Article III. Arrange for such
maintenance and pay the costs of the maintenance.
(d) Discharge Of Liens. The Board may also pay any amount necessary to
discharge any lien or encumbrance levied against the entire Properties or
any part thereof which is claimed or may, in the opinion of the Board,
constitute a lien against the Properties or against the Common Areas
rather than merely against the interest therein of particular Owners.
Where one or more Owners are responsible for the existence of such
liens, they shall be jointly and severally liable for the cost of discharging it
and any costs or expenses, including reasonable attorneys' fees and
costs of title search incurred by the Board by reason of such lien or liens.
Such fees and costs shall be assessed against the Owner or Owners and
the Lot responsible to the extent of their responsibility.
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(e) Utilities. Pay all utility charges attributable to Common Areas and
Common Maintenance Areas.
(f) Security. Pay all costs deemed appropriate by the Board to ensure
adequate security for the Lots and Common Areas constituting the
residential community created on the Properties.
(g) Right To Contract. Have the exclusive right to contract for all goods,
services, maintenance, and capital improvements provided. However,
such right of contract shall be subject to Association approval.
(h) Promulgation Of Rules. Adopt and publish rules and regulations
governing the members and their guests and establish penalties for any
infraction thereof.
(i) Declaration Of Vacancies. May declare the office of a member of the
Board to be vacant in the event that a member of the Board is absent
from three consecutive regular meetings of the Board.
(j) Employment Of Manager. Employ a manager, an independent
contractor, or such other employee as the Board deems necessary and
describe the duties of such employees.
(k) Payment For Goods And Service. Pay for all goods and services required
for the proper functioning of the Common Areas and Common
Maintenance Areas.
(I) Impose Assessments. Impose annual and special assessments.
(m) Bank Account. Open a bank account on behalf of the Association and
designate the signatories required.
(n) Exercise Of Powers, Duties And Authority. Exercise for the Association all
powers, duties and authority vested in or delegated to the Association and
not reserved to the membership by other provisions of the Bylaws, Articles
of Incorporation, or this Declaration. The Board shall have all powers and
authority permitted to it under this Declaration and the Bylaws. However,
nothing herein contained shall be construed to give the Board authority to
conduct a business for profit on behalf of all the Owners or any of them.
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ARTICLE X
MAINTENANCE OF LOTS
Based on the Associations responsibility to maintain the property and to maintain
policies of general liability insurance, the Association and or its members may not
discharge, dissolve or withdraw the authority of the Association without prior notice to
and approval of the City of Renton.
For purposes of maintenance, and based on the City of Renton's interest in
appropriate maintenance and insurance coverage of property and or land owners, it is
agreed that the City of Renton has the authority to enforce this section (Article X) or its
equivalent in any court of appropriate jurisdiction.
Section 1. Exterior Maintenance By Owner. Each Lot and Residence shall be
maintained by the Owner in a neat, clean and sightly condition at all times and shall be
kept free of accumulations of litter, junk, containers, equipment, building materials and
other debris. All refuse shall be kept in sanitary containers sealed from the view of any
Lot; the containers shall be emptied regularly and their contents disposed of off the
Properties. No grass cuttings, leaves, limbs, branches, and other debris from
vegetation shall be dumped or allowed to accumulate on any part of the Properties,
except that a regularly tended compost device shall not be prohibited
Section 2. Easement For Enforcement Purposes. Owners hereby grant to
the Association an express easement for purposes of going upon the Lots of Owners
for the purpose of removing Vehicles or other similar objects which are parked or stored
in violation of the terms of this Declaration.
Section 3. Lot Maintenance By The Association. In the event that an Owner
shall fail to maintain the exterior landscaping of his premises thereon in a manner
consistent with maintenance standards of the DELANEY PARK community, the Board
shall, upon receipt of written complaint of any Owner, and subsequent investigation
which verifies such complaint, have the right through its agents and employees, to enter
upon the offending Owner's Lot and repair, maintain and restore the landscaping on
that Lot if the Owner shall fail to respond in a manner satisfactory to the Board within
thirty (30) days after mailing of adequate notice by certified mail to the last known
address of the Owner. The cost of such repair, maintenance or restoration shall be
assessed against the Lot, and the Board shall have the right to cause to be recorded a
notice of lien for labor and materials furnished, which lien may be enforced in the
manner provided by law. In the event that the estimated cost of such repair should
exceed one-half of one percent of the assessed value of the Lot and improvements on
that Lot, the Board shall be required to have the assent of fifty-one (51%) percent of the
Members before undertaking such repairs.
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Section 4. Parkinq of Vehicles; Storage of Goods, Equipment or Devices.
There shall be no permanent and/or temporary storage of goods, Vehicles, as defined
below, equipment, or devices permitted in open outlook from any Lot or right-of-way.
The term "Vehicles" as used herein shall include, without limitation, automobiles, vans
or trucks with or without business logo, campers, trucks, busses, motor homes, mobile
homes, boats, trailers, portable aircraft, motorcycles, snowmobiles, minibikes, scooters,
go-carts, and any other towed or self-propelled transportation type vehicle. The term
"Passenger Vehicles" as used herein shall include passenger automobiles, vans, small
trucks, motorcycles, and similar type vehicles used regularly and primarily as
transportation for the Occupants of the Lot. The term "Commercial and Recreational
Vehicles" as used herein shall include, without limitation, vans or trucks with business
logos, campers, busses, motor homes, mobile homes, boats, trailers, portable aircraft,
motorcycles, snowmobiles, minibikes, scooters, and go-carts. The following restrictions
apply:
(i) Parking areas shall refer to the number of garage parking spaces. All
Vehicles must be parked within garages. Driveway areas in front of
garages shall be considered parking areas for Passenger Vehicles only
and only to the extent that sufficient parking spaces are not provided in
the garage for all the Vehicles used by the Occupants of the Lot.;
(ii) No Commercial and/or Recreational Vehicle shall be permitted on the
driveway or any other portion of the Owner's Lot, except within a garage,
however, Recreational Vehicles shall be allowed to park on the driveway
for a maximum forty-eight (48) hour period, for the sole purpose of loading
and unloading the Recreational Vehicle;
(iii) No Passenger Vehicles shall be parked on any driveway or any other
portion of an Owner's Lot if there is available parking within the garage;
(iv) No Vehicles and/or Passenger Vehicles shall be parked overnight on any
right-of-way adjoining any Lot; provided that vehicles belonging to guests
may occasionally be parked during the day in the right-of-way adjoining a
Lot;
(v) No Passenger Vehicles parked on the driveway may extend over the
sidewalk and/or into the right-of-way; and
(vi) Owners who have visiting guests intending to stay may secure written
permission from the Association for such guests to park their Vehicle upon
the Lot owned by the Owner for a maximum period of one (1) week within
a thirty (30)-day period. Such a privilege shall only exist, however, after
the written permission has been obtained from the Association.
The Association shall give an Owner a written notice of an improperly parked or
stored Vehicle and/or improperly stored goods, equipment, or devices. The Owner
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shall have twenty-four (24) hours to remove said Vehicle and/or goods, equipment, or
devices. If the Owner has not removed the said Vehicle within the required time period,
the Association may have the Vehicle towed at the Owner's expense; fine the Owner
$25 per day until the Vehicle is removed; and/or place a lien against the Owner's Lot. If
the Owner has not removed the said goods, equipment, or devices, within the required
time period, the Association may have the goods, equipment, or devices removed; fine
the Owner $25 per day until the goods, equipment, or devices are removed, and/or
place a lien against the Owner's Lot.
ARTICLE XI
GENERAL PROVISIONS
Section 1: Duration. The covenants and restrictions of this Declaration shall
run with and bind the land, and shall inure to the benefit of and be enforceable by The
Association, or the owner of any land subject to this Declaration, their respective legal
representatives, heirs, successors and assigns, for a term of thirty (30) years from the
date this Declaration is recorded after which time said covenants shall be automatically
extended for successive periods of ten (10) years unless amended as provided for in
Article XII, an instrument signed by the then Owners of two-thirds (2/3) of the Lots has
been recorded, agreeing to change said covenants and restrictions in whole or in part;
provided, however, that no such agreement to change shall be effective unless made
and recorded one (1) year in advance of the effective date of such change, and unless
written notice of the proposed agreement is sent to every Owner at least ninety (90)
days in advance of any action taken..
Section 2: Notices. Any notice required to be sent to any Member or Owner
under the provisions of this Declaration shall be deemed to have been properly sent
when mailed, postpaid, to the last known address of the person who appears as
Member or Owner on the records of the Association at the time of such mailing.
Section 3: Enforcement. Enforcement of these covenants and restrictions
shall be by any proceeding at law or in equity against any person or persons violating or
attempting to violate any covenant or restriction, either to restrain violation or to recover
damages, and against the land to enforce any lien created by these covenants; and
failure by the Association or any Owner to enforce any covenant or restriction herein
contained shall in no event be deemed a waiver of the right to do so thereafter.
Section 4: Severability. Invalidation of any one of these covenants or
restrictions by judgment or Court Order shall in no way affect any other provisions which
shall remain in full force and effect.
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ARTICLE XII
AMENDMENT OF DECLARATION
Section 10.1: Amendment by Declarant or Association. During the
Development Period, Declarant may unilaterally and on its sole signature amend this
Declaration for the purpose of making corrections or nonsubstantial modifications. This
Declaration may also be amended by an instrument executed by the Association for
and on behalf of the Owners; provided however, that such amendments shall have
received the prior approval of a vote of the Owners (except Declarant) having sixty-
seven percent (67%) or more of the total outstanding votes in the Association; provided
further, that no such amendment shall be valid during the Development Period without
the prior written consent of the Declarant. No amendment to this Declaration shall
replace or remove any open space area required by master plan, zoning or plat
approvals for DELANEY PARK unless the relevant governmental approval is also
amended by the applicable governmental authority.
Section 10.2: Effective Date. Amendments shall take effect only upon
recording with the King County Department of Records and Elections or any successor
recording office.
RICK BURNSTEAD CONSTRUCTION LLC.
Declarant
By ip.„.41L.i I i4
Rick Burnstea., President
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
On this day of , 20 1/ , before me, the undersigned, a notary
public in and for the State of W shington, personally appeared Fredrick Burnstead
President of RICK BURNSTEAD CONSTRUCTION LLC., a Washington limited liability
company, the corporation that executed the within and foregoing Declaration of
Covenants and Restrictions for DELANEY PARK and acknowledged the said
instrument to be the free and voluntary act and deed of said corporation, for the uses
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and purposes therein mentioned, and on oath stated that he was authorized to execute
the said instrument and that the seal affixed is the corporate seal of said corporation.
WITNESS my hand and official seal hereto affixed the day and year first above written.
Notary isin and for a State of Washington,
o44'�sstoN c� residing at ee/kisi.(� W
V NOTARY N
NPUBUC My appointment expires 7/iJ7/s- '
i,"74110/5,'
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