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Home My WebLink AboutRC 20031113000516 • Return Address: 101111 11 1111 111 City_ Clerk's Office City of Renton 20031113000516 1055 S. Grady WayCITY RENTON COV 23.00 Renton WA 98055 PAGE00t OF 008 KING3COUNTY, WA • Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04) Document Title(s) (or transactions contained therein):(all areas applicable to your document must be filled in) L COVENANT REGARDING COMMON AREA MAINTENANCE 3. 4. Reference Number(s) of Documents assigned or released: Additional reference#'s on page of document Grantor(s) (Last name,first name,initials) • 1. 4th & Union Associates, LLC 2. Additional names on page of document. Grantee(s) (Last name first,then first name and initials) 1. 4th & Union Associates, LLC 2. Additional names on page of document. Legal description(abbreviated: i.e.lot,block,plat or section,township,range) Sec. 9, Twn 23N, Rge 5E, W.M. - Plat of Cobblestone, as per plat rProrded in Volume .2 IS of Plats, Pages LI ( through Li i4 , Record..s_ of King County Additional legal is on, t V of document. 6.Xhi6i+—A , Assessor's Property Tax Parcel/Account Number 0 Assessor Tax#not yet assigned PARCEL A: 0923059198 PARCEL B: 0923059241 The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to. verify the accuracy or completeness of the indexing information provided herein. 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 part of the text of the original document. Signature of Requesting Party m- r • .- COVENANT REGARDING COMMON AREA MAINTENANCE COBBLESTONE IN RENTON KING COUNTY,WASHINGTON THIS COVENANT is made as this 3/ day of ,2003,by the undersigned,hereinafter referred to as"Declarant." / RECITALS A.Declarant owns certain real property located within the State of Washington,which property and improvements are commonly known as COBBLESTONE,and is located on land more particularly described in Exhibit A attached hereto and incorporated herein. B.All Common Areas of the Project are to be shown on the Plat Maps recorded in conjunction with,and/or described in, this COVENANT. C.For the benefit and protection of the Project,and to assure proper maintenance of various common areas,the Declarant hereby makes and publishes this COVENANT REGARDING COMMON AREA MAINTENANCE. D. The Hearing Examiner's decision provided that"A homeowner's association or maintenance agreement shall be created concurrently with the recording of the final plat in order to establish maintenance responsibilities for landscaped right-of-way improvements, as well as for any shared private utilities/drainage facilities or common open space improvements." E. The Plat provides that "Upon the recording of this plat the owners of Lots 1-66 created herein shall have an equal and undivided ownership interest in Tract A for recreation and storm drainage.The storm drainage and recreation facilities therein shall be owned and operated by the Cobblestone Homeowners Association.All necessary maintenance activities for said facilities and said tract will be the responsibility of the Cobblestone Homeowners Association." F. The Plat also provides that "Upon the recording of this plat the owners of lots 1-66 created herein shall have an equal and undivided ownership interest in Tracts B,C,D,E and F for open space. All necessary maintenance activities for said tracts will be the responsibility of the Cobblestone Homeowners Association." NOW,THEREFORE,Declarant hereby declares that the Lots described herein shall be held,conveyed,encumbered, leased,rented,used,occupied and improved subject to the following covenants. Any conveyance,transfer,sale,assignment,lease or sublease of a Lot in the Project,shall and hereby is deemed to incorporate by reference all provisions of this Covenant The provisions of this Covenant shall be enforceable by Declarant,any Owner,the Association,and any first mortgagee of any Lot or Lot. 1. "Association" shall mean the Cobblestone in Renton Homeowners Association, a Washington non-profit corporation,to which each Lot Owner shall be a member by virtue of owning a Lot. 2. "Common Area"shall mean all real property(including the improvements thereto)owned by the Association for the common use and enjoyment of the Owners and shall include all Common Area described on the Plat Map or in this Covenant,but shall exclude all Lots and land dedicated to the public or to a governmental entity. 3. "Lot"shall mean and refer to any plot of land shown upon any recorded Plat Map of the Property,excluding Common Areas.Ownership of a Lot shall include ownership of the Lot and improvements now or hereafter constructed on such Lot."Lot"shall not include any land now or hereafter owned by the Association or by all of the Lot Owners as tenants-in- common,nor include any land shown on the Plat Map but dedicated to the public or to a governmental entity. 4. "Mortgagee" shall mean the beneficial owner,or the designee of the beneficial owner,of an encumbrance on a Lot created by mortgage or deed of trust and shall also mean the vendor,or the designee of a vendor,of a real estate contract for the sale of a Lot. 5. "Owner"shall mean and refer to the record owner,whether one or more persons or entities,of a fee simple title to • any Lot which is a part of the Property,and,except as may be otherwise expressly provided herein,shall,in the case of a Lot which has been sold pursuant to a real estate contract,include any person of record holding a vendee's interest under such real estate contract,to the exclusion of the vendor thereunder.Any person or entity having such an interest merely as security for the performance of an obligation shall not be considered an owner. 6. "Person" shall include natural persons,partnerships,corporations,associations and personal representatives. 7. "Property," "Project,"or"Premises"shall mean the real estate described in Exhibit A and all improvements and structures thereon,including such additions thereto as may hereafter be brought within the jurisdiction of the Association. 8. "Plat Map"shall mean the Plat Maps recorded in conjunction with this Covenant,which Plat Maps depict the layout of the Lots on the Property. 9. "Percentage of Owners".For purposes of determining the percentage of Owners approving a proposed decision or course of action,an Owner shall be deemed a separate Owner for each Lot owned. 10. Maintenance of Common Areas.The Common Areas,within the Property are hereby conveyed to the Association. The Common Areas shall for all purposes be under the control,management and administration of the Association. The Association(and the Owners who are members thereof)have the responsibility and obligation to maintain,repair and administer the Common Areas in a clean,attractive,sanitary and safe condition and in full compliance with applicable governmental laws,rules and regulations and the provisions of this Covenant. 11. Association. a.Establishment. There is hereby created an association to be called COBBLESTONE IN RENTON HOMEOWNERS'ASSOCIATION(referred to hereinafter as the"Association"). b. Form of Association.The Association shall be a nonprofit corporation formed and operated pursuant to Title 24, Revised Code of Washington. In the event of any conflict between this Covenant and the Articles of Incorporation for such nonprofit corporation,the provisions of this Covenant shall prevail. c. Membership. i. Qualification. Each Owner of a Lot in the Project(including Declarant)shall be a member of the Asso- ciation and shall be entitled to one membership for each Lot so owned.Ownership of a Lot shall be the sole qualification for membership in the Association. ii. Transfer of Membership. The Association membership of each Owner(including Declarant) shall be appurtenant to the Lot giving rise to such membership, and shall not be assigned,conveyed,pledged or alienated in any way except upon the transfer of title to said Lot and then only to the transferee of title to such Lot.Any attempt to make a prohibited transfer shall be void.Any transfer of title to a Lot shall operate automatically to transfer the membership in the Association appurtenant thereto to the new Owner thereof. d. Voting. The total voting power of all Owners shall equal the number of Lots at any given time and the total number of votes available to Owners of any one Lot shall be one vote. e.Bylaws of Association. Bylaws for the administration of the Association and the Property,and to further the intent of this Covenant,shall be adopted or amended by the Owners at a regular or special meeting;provided, that the initial Bylaws shall be adopted by Declarant.In the event of any conflict between this Covenant and any Bylaws,the provisions of this Covenant shall prevail. f. Authority and Duties of the Board.On behalf of and acting for the Association,the Board of Directors of the association shall authority to maintain and repair the Common Areas,and to levy and collect such assessment from each Lot as necessary to pay for the costs of such maintenance and repair. 12. Covenant Amendment. Amendments to the Covenant shall be made by an instrument in writing entitled "Amendment to Covenant"which sets forth the entire amendment.Except as otherwise specifically provided for in this Covenant,any proposed amendment must be approved by a majority of the Board prior to its adoption by the Owners. Amendments may be adopted at a meeting of the Owners if sixty-seven percent(67%) of the Owners vote for such amendment,or without any meeting if all Owners have been duly notified and sixty-seven percent(67%)of the Owners consent in writing to such amendment.This Covenant cannot be amended without the prior written permission of the City of Renton. 13. Successor and Assigns.This Covenant shall be binding upon and shall inure to the benefit of the heirs,personal representatives,successors and assigns of Declarant,and the heirs,personal representatives,grantees,lessees,sublessees and assignees of the Owners. 14. Severability.The provisions hereof shall be deemed independent and severable,and the invalidity or partial invali- dity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof 15. Effective Date.The Covenant shall take effect upon recording. • • IN WITNESS WHEREOF,Declarant has executed this Covenant the day and year first hereinabove written. DECLARANT 4t& . o soci e By: =7�// / Its: Co— HA,r A C c7L STATE OF WASHINGTON. COUNTY OF KING On this 31 day of SEA l-% , 20045_, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared &Gime*, , to me personally known (or proven on the basis of satisfactory evidence)to be the (_o.. yt4Ar1A. ,�„` of 4h&Union Associates,LLC., and acknowledged said instrument to be the free and voluntary act and deed of said company for the uses and purposes therein mentioned,and on oath stated that he was authorized to execute said instrument. WITNESS my hand and s=. eto affixed the day and year in this certificate above written. 'f:/d11411PIP.- 1,C J NO/r• •Y P .:1011717 for the State of Q� ;` °"•w�a W.shington,r- 'din: • .54-772 4,4�5 My commission expires: * i1-e./-CV. Q:p� Or •• m ff .t j Print Notary Name: i� GIG j =U ' "' Jr' // �i N=. PU1300 o op WAS k ' _ COVENANT REGARDING COMMON AREA MAINTENANCE Exhibit A-Legal Description PARCEL A: PARCEL C OF CITY OF RENTON BOUNDARY LINE ADJUSTMENT NO. LUA-01-081-LLA, RECORDED OCTOBER 9,2001 UNDER RECORDING NO.20011009900011,IN KING COUNTY,WASHINGTON. PARCEL B: LOT 1 OF KING COUNTY SHORT PLAT NO. 8112039003, ACCORDING TO SHORT PLAT RECORDED DECEMBER 3, 1981, BEING CITY OF RENTON SHORT PLAT NO. 076-81 (PICKERING SHORT PLAT), IN KING COUNTY,WASHINGTON. 5