HomeMy WebLinkAboutRC 7912070563 � {,r,cOh:K
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PLAT OF HIGATE -� - � �;;.-s,
C,,,� DECLARAT I ON OF � "_ "�'�
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LC�j COVENANTS, CONDITIONS AND RESTRICTIONS f' '~
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� THIS DECLARATION, made on the date hereinafter set forth by
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Wall and Redekop Corporation, hereinafter referred to as
"Declarant".
WITNESSETH:
WHEREAS, Declarant is the owner of certain property in the City
of Renton, County of King, State of Washington, which is more
particularly described as:
HIGATE, as recorded in Volume �/3 of Plats, pages �
� through �, records of King County, Washington.
NOW, THEREFORE, Declarant hereby declares that all of the
- properties described above shall be held, sold and conveyed subject
to the following easements, restrictions, covenants and conditions,
which are for the purpose of protecting the value and desirability
of, and, which shall run with, the real property and be binding on
all parties having any right, title or interest in the described
properties or any part thereof, their heirs, successors, and assigns,
and shalt inure to the benefit of each owner thereof.
ARTICLE I
DEFINITIONS
Section 1 . "Owner" shall mean and refer to the record owner,
whether one or more persons or entities, of a fee simple title to
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any lot which is a part of the Properties, including contract sellers,
� but excluding those having such interest merely as security for the
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� performance of an obligation.
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� Section 2. "Properties" shall mean and refer to that certain
� real property hereinbefore described.
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, Section 3. "Lot" shall mean and refer to any plot of land shown
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upon any recorded subdivision map o the Propert es.
Section 4. "Declarant" shall mean and refer to Wall and Redekop
Corporation, their successors and assigns if such successors or
assigns should acquire more than one undeveloped lot from the
� Declarant for the purpose of development.
ARTICLE II
GENERAL PROTECTIVE COVENANTS
Section l . Residential Character of Property. The term "resi-
dential lot" as used herein, means all of the lots now or hereafter
platted on the existing property. No structures or bui.ldings of any
kind shall be erected, altered, ptaced or permitted to remain on any
residential lot other than one single-family dwelling for single-
family occupancy only, not to exceed two stories in height, with a
private garage or carport for not more than three (3), standard size
ssen er automobiles.
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Section 2. Business and Commercial Use o Property ro te .
No trade, craft, business, profession, commercial or activity of any
kind shall be conducted or carried upon any residential lot, or with-
in any building located on a residential lot, nor shall any goods,
equipment, vehicles (including buses, trucks, and trailers of any
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description) or materials or supplies used in connection with any
trade, service, or business, wherever the same may be conducted, or
� any vehicles in excess of 6,000 pounds gross weight (including buses,
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Qtrucks, and trailers of any description) , regardless of the purpose
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� for which such are used, be kept, parked, stored, dismantled or
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� repaired outside of any residential lot or on any street within the
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property nor shall anything be done on any residential lot which
' may be or may become an annoyance or nuisance to the neighborhood.
No owner of any residential lot shall permit any vehicle owned
by him or by any member of his family or by an acquaintance, and
which is in an extreme state of disrepair, to be abandoned or to
remain parked upon any street or lot within the existing property i
for a period in excess of forty-eight (48) hours.
Section 3. Residential Use of Temporary Structures Prohibited.
No trailer, basement, tent, shack, garage, barn or other outbuildings
or any structure of a temporary character erected or placed on the
property shall at any time be used as a residence temporarily or
permanently.
Section 4. Architectural Control . No building, fence or wall
shall be erected, placed or altered on any lot until the construction
plans and specifications and a plan showing the location of the
structure have been approved by the architectural control committee
as to quality of workmanship and materials, harmony of external design
and color with existing structures, and as to location with respect
to topography and finish grade elevation. Approval shall be as
follows:
Section 4(a) . Architectural Control Committee. The architectural
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control committee is composed of three homeowners:
A majority of the committee may designate a representative
� to act on the committees behalf. In the event of death or resig-
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� nation of any member of the committee, the remaining members shall
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CV have full authority to designate a successor. Neither the mem-
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� bers of the committee nor its designated representative shall be
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entitled to any compensation for services performed pursuant to
this covenant. At any time, the then record owners of a majority
of the lots shall have the power through a duly recorded written
instrument to change the membership of the committee or to with-
draw from the committee or restore to it any of its powers and
duties.
Section 4 (b) . Procedure. The committee' s approval or dis-
approval as required in these covenants shall be in writing. In
the event the committee or its designated representative fails to
approve or disapprove within 30 days after plans and specifications
have been submitted to it, or in any event, if no suit to enjoin
the construction has been commenced prior to the completion there-
of, approval will not be required and the related covenants shall
be deemed to have been fully complied with.
Section 5• Dwelling Size and Location. The ground floor
area of the main structure, exclusive of one-story open porches
and garages, shall be not less than 900 square feet for a one-
story dwelling, nor less than 700 square feet for a dwelling of
more than one story.
No buildings, exclusive of porches, roofs, overhangs and steps,
shall be located on any lot nearer to the front lot line or nearer
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to the side street line than the minimum building setback line shown
on the recorded plat, or as required by the City of Renton ordinance.
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� In any event, no building, exclusive of porches, roofs, overhangs and
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� steps, shall be located on any lot nearer than 20 feet to the front
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Nproperty line, nearer than 20 feet to any side street line, or nearer
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~ than 5 feet to any interior lot line. No dwelling shall be located I
on any lot nearer than 25 feet to the rear lot line.
For the purposes of this covenant, eaves, steps and open porches I
shall not be considered as part of the building provided, however, ,
that this shall not be construed to permit any portion of a building
on a lot to encroach upon another lot. ,
Section 6. Lot Area and Width. No dwelling shall be erected
, or placed on any lot having a width of tess than 50 feet at the
building setback line, nor shatl any dwelling be erected or placed '
on any lot having an area of less than 7,200 square feet. '
' Section 7. Easements. There are hereby specifically reserved
for the benefit of the Developer, any applicable utility company,
the tot owners in common, and each lot owner severally, as their
respective interests shall obtain, the easements, reciprocal negative
easements, secondary easements, and right-of-way, as are specifically
identified hereinafter.
Section 7 (a) . Utility Easements. On each lot an easement is
reserved under, over and upon five (5) foot strips of land adjacent
to rear and side boundary lines, and seven (7) foot strips adjacent
to front lines, for utility installation and maintenance, including
but not limited to, power, telephone, water, sewer, drainage, gas, I
etc. , together with the righ.t to enter upon I
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the lots at all times for said purposes. Additional utility ease-
ments are reserved as shown on the recorded plat and oth.ers as re-
quired will also be regarded as necessary easements required by
governmental subdivisions.
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� Within these easements, no structure, planting or other
r�.. material shall be placed or permitted to remain which may damage
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Nor interfere with the installation and maintenance of utilities,
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P'" 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 or pipes 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. *
Section 7 (b) . Easement for Repair and Maintenance of Watls
and Porches, Roofs, Overhangs and Steps Contiguous to Side Boundary
Lines. There is specifically reserved, upon any adjoining lot which
faces the exterior wall of a building across the common boundary be-
tween adjoining lots as the servient tenement, for the benefit of
the adjoining lot on which such building is located, and the owner
thereof as dominant tenement, an easement over, under, upon and
through such servient tenement, at reasonable places, for the per-
formance of such work during daylight hours as may be necessary or
advisable in connection with the maintenance, repair, or restoration
of the building and portions thereof, such as porches, roofs, over-
hangs and steps constructed on the dominant lot and an easement for
ingress and egress to perform such work.
Section 8. Nuisances. No noxious or offensive activity shall
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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.
Section 9. Garbage and Refuse Disposal . No lot or tract shall
be used as a dump for trash or rubbish of any kind. All garbage and
� other waste shall be kept in appropriate sanitary containers for
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� proper disposal . Yard rakings, such as rocks, lawn and shrubbery
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Nclippings, and dirt and other material resulting from landscaping
� work shall not be dumped into public streets or green belts. The
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removal and disposal of all such materials shall be the sole
responsibility of the individual lot owner. All incinerators or
other equipment for the storage or disposal of trash, garbage or
other work shall be kept in a clean and sanitary condition.
Section 10. Fences. No fence, wall or hedge shall be erected,
placed or altered on any lot nearer to any street than the building
setback line, except that nothing shall prevent the erection of a
necessary retaining wall , the top of which does not extend more
than three feet above the finished grade at the back of said wall .
Section 11 . Animals. No animal , livestock, or poultry of any
kind shall be raised, bred, or kept on any lot, except that cats,
dogs, birds or other household pets may be kept if they are not kept,
bred, or maintained for any commercial purpose, and that they shall
not be kept in numbers or under conditions reasonably objectionable
in a residential community.
Section 12. Outside Antennas. No outside television or radio
antenna of any kind shall be placed on any lot or upon any structure
without written consent of the Architectural Control Committee.
Section 13. Signs. No signs shall be erected or maintained on
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any residential lot in the tract, except that no more than one
approved FOR SALE or FOR RENT sign placed by the owner or builder
or by a licensed real estate broker, not exceeding twelve (12)
� inches hi h and ei hteen 18 inches lon ma be dis la ed on
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� any lot.
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N Section 14. Date For Completion Of Construction. Any dwell-
� ing or structure erected or placed on any residential lot shall be
completed as to external appearance, including finished painting,
within eight (8) months from date of commencement of construction
and, shall be connected to the public water and sewer system.
Section 15• Mortgages Protected. Nothing herein contained
shall impair or defeat the lien of any mortgage or deed of trust
now or hereafter recorded covering any lot or lots, but title to
any property obtained as a result of foreclosure shall thereafter
be held subject to all of the provisions herein.
Section 16. Greenbelt Easement. A Greenbelt is reserved as
shown on the Plat Map, Higate. Within these natural growth areas,
no structure, clearing, grading or vehicular access or other material
shall be placed or permitted to remain or other activities undertaken
which may damage or interfere with established slope ratios, create
erosion or sliding problems, or which may change the direction of
flow of drainage channels or obstruct or retard the flow of water
through drainage channels, except access shall be permitted for the
purpose of installation and maintenance of screening, utilities and
drainage facilities. The natural growth protection area of each
lot and all improvements in it shall be maintained continuously by
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the owners except for those improvements for which a public
authority or utility company is responsible.
�,,,� A RT I C L E I I I
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� GENERAL PROVISIONS
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r' Section 1 . Enforcement. Any owner shall have the right to
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� enforce, by any proceeding at law or in equity, all restrictions,
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covenants, conditions, reservations, liens and charges now or
hereafter imposed by the provisions of this Declaration. Failure
by any owner to enforce any covenant or restriction herein contained
shall in no event be deemed a waiver of the right to do so there-
after.
Section 2. Severability. Invalidation of any one of these
covenants or restrictions by judgment or court order shall in no
WaY affect any other provisions which shalt remain in full force
and effect.
Section 3. Amendment. The covenants and restrictions of this
Declaration shall run with and bind the land, for a term of twenty
(20) years from the date this Declaration is recorded, after which
time they shall be automatically extended for successive periods
of ten (10) years. This Declaration may be amended during the first
twenty (20) year period by an instrument signed by not less than
ninety percent (90%) of the lot owners, and thereafter by an
instrument signed by not less than seventy-five percent (75�) of
the lot owners. Any Amendments shalt take effect when they have been
recorded with the Auditor of King County.
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IN WITNESS WHEREOF, the undersigned, being the Declarants
herein, have hereunto set their hand this 29th day of June, 1979,�"�
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{� Peter Redekop, Pres i den � '`� ; �,���-�, �._e
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STATE OF WASHINGTON)
COUNTY OF KING � ss.
This is to certify that on this �day of ��i�e;" 1979, before me, the I
undersigned, a Notary Public personally appeared Peter Redekop and
Gary Strother, President and Vice President respectively of Wall and '
Redekop Corporation to me known to be the individuals who executed the
within dedication and acknowledged to me that they signed and sealed II
the same as their voluntary act and deed for the uses and purposes
therein mentioned and on oath stated that they were authorized to
execute said instrument.
WITNESS my hand and official seal the day and year first above wt;,4�:F��. ,
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