HomeMy WebLinkAboutRC 9103110847 � ; "~ � , ' r r , f , . I�
� T
�I�.ED,FCR REC�RD AT REQU�S1�t31� �p-11�-90 �
O�FICE OF TNE CITY CLERK
'RENT0�1 �R�1NlCIPAI. B1DG. I
208 MI4.L AV�. S0, I
''FNTQN, WA 98455 DECLARATION OF I
F�ZOTECTIVE COVENANTS, CONDITI{)NS AND RESTRICTIONS
KOHL PARK ADDITTOI�t
THIS INDENTURE AND DEGLARATIQN running with the lancl, made
this -� day of ��.�... , 1994 , by KOHL E�CAVATING, �
INC. , a Washington corporation { "Declarant" } ,
WITNESSETH:
WHEREAS , Declarant is the owner in fee of certain real
ProPerty ( the "Real Property" } described as Kahl Park Addition,
consisting af Lots 1 through 6 ( the "Lots" } , under Auditor' s No .
9102264547 , records af King Caunty, Washington> .
WHEREAS , ,. Declarant desires to impose certain protective
covenants upon the Real Property for the mutual benefit of all
owners , presen�, and future ;
NOW, THEREFORE, Declarant hereby declares as follows :
ARTZCLE I
l . l �1_arat ' on. The Lats shall be held, sold and conveyed
subject to the ea.sements , covena.nts , canditions and restrictions
set forth herein, all of which are for the purpc�se of enhancing
and protec�ing the value , desirability and attractiveness of the
Lot� . Such easements , covenants , condi�,ions and restrictions
shall run with the land and shall be binding on alI parties
having or acquiring ar�y right , title or interest a.n any Lot and
shall inure to the benefit of each owner thereaf, and are imposed
� upon each Lo� as a servitude in favar of each and ever,y other Lot
�. as the dotninant tenement .
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� 1 . 2 �m. This Declaration shall be effective for an
in.itial term, expiring December 31 , 201Q , and thereafter by
� autQmatic extension far �uccessive periods of ten ( 10 ) years
� each, unless terminatecl , at the expirati.on +�f the initial term or
� any succeeding ten-y�ar term by a Terminatian Agreement executed
by the then owners af not less than seventy-five percent { 75%} of
the Lots then subject to this Declaratian.
1 . 3 Ar�hj,tec�ura�,�ntrc�l ommi t��, The Architectural
Cantral Committee ( "ACC" } shall consist of not more than three
( 3 ) members who shall be appointed initialiy by Declarant and
remain in office until such time as seventy-five percent ( 75% } of
the Lots subject to this I}eclaratian and any Supplemental
Dec.Iarations have been built upan and conveyed from the home
builcier �o a consumer. At an,y time prior to the resale af
seventy-five ( 75! } aP the Lots ta the cansumer, Declarant
reserves the right to extend the initial appointment of the ACC
for a period of time not to exceed faur ( 4 ) y�ars from the date
of the extension. Declarant further reserves unta itself the
right ta dissolve the ACC appointed by Declarant , thereby vesting
the membarship of the Hameowners Association with the authority
to meet and. appaint a successor ACC . The ACC may designate a
single person to act on behalf af the ACC . No member af the ACC
shall be entitled to campensation. The initial ACC shall. consist
of: .
�i:��'3�:'I1 #C���? �:
Mr. Tvan Christianson ��3wFEE ;�" ►��i
R.E�GS F 1 t1.t���
Kohl Excavating , Inc . ��,�H4,� �_�.�. �
3330 East Valley Road �=-� ��
Renton, WA 98055 . -
Mr. Delores Ghristianson CERTIFIC�:�E .
xoh� Excavati.ng , znc . I, the undersigned��r��yh7 � Cierk of the
s s�o Eas t val x e y Ro ad City of Renton, Washingfan, certify that this is a#rue
RentQn, wa 9$055 and correct capy of��,�r� «� ��,w„_.
Subscr��rtd Se led t�is�t�y' _:..�19,'�
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1 . 4 Homeowners Association. A Homeowners Association shall
be created to manage , administer and maintain the entire property
of Kohl Park Addition.
ARTICLE II
2 . 1 Easements . On each lot , an easement is reserved under
and upon five-foot strips of land parallel and adjacent to front
and rear boundary lines and to side-street boundary lines , and
under and upon two and one-half ( 2-1/2 ) foot strips of land
adjacent to the side boundary lines ( except any side street
boundary lines ) for utility installation and maintenance ,
including but not limited to power , telephone , water , sewer,
drainage and gas , together with the right to enter upon the lot
at all times for such purposes . Additional utility easements are
reserved as shown on the recorded plat , and others may also be
recorded if required by governmental agencies or other bodies .
Within such strips 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 , obstruct or retard the flow of water through drainage
_ channels . Such easement areas and all improvements therein shall
be maintained b,y the owner of the lot , except as to utilities
services improvements located therein, which are the
responsibility of the utility entity owning such improvements .
Fencing and landscape plantings are permitted on site �and rear
, property lines as approved by the ACC .
� 2 . 2 Services . No building shall be located on any lot
nearer to the lot lines than required by the codes and ordinances
governed by King County. Builder must have specific written
� approval from the ACC on the placement of the house prior to
� commencing construction.
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-- ARTICLE III
� 3 . 1 Site Preparation . Clearing and grading , including , but
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— not limited to the cutting or transplantin� of natural vegetation
� on any lot , shall not be undertaken until plans for the single-
family dwelling to be constructed thereon are. approved by the ACC
as provided for herein.
3 . 2 Construction Agproval . No building or other structure
shall be commenced , erected or altered upon any lot , nor shall
, any exterior addition be made until the construction plans and
specifications and a plot plan showing the nature , kind, shape , �
height , materials , colors and location of the same shall have
been submitted to and approved in writing by the ACC as to
harmony of exterior design and location in relation to , and its
effect upon, surrounding structures and topography. If the ACC
fails to approve or disapprove such design and location within
fifteen ( 15 ) days after such plans and specifications have been
received by it , approval will not be required , and this Article
will be deemed to have been fully complied with. All plans ,
specification and plot plans are to be submitted to the Committee
at the following address : Kohl Excavating , Inc . , 3330 East
Valley Road, Renton, Washington 98055 , or at such other address �
as may hereafter be given in writing to the lot owners by the
Declarant or the ACC.
3 . 3 Gonstr�ction Time . Any dwelling or structure erected
' or placed on any lot shall be completed as to external
appearance , including finish painting and landscaping , within six
( 6 ) months from date framing commences . The landscaping shall be
completed within the six- ( 6 ) month time frame is inclusive of
the lawn, rockery, shrubbery, etc . for the entire front yard, lot
line to lot line .
3 . 4 S;te of Tmprovements . Single-family dwelling units ,
excluding garages , porches , and eaves shall have a living area of
not less than 1 , 400 square feet for multi-level construction.
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Single-level dwellings must, have a finished living area of not
less than 1 , 000 square feet .
� 3 . 5 Roofs . Roofs on all buildings in Kohl Park Addition
must be finished with 100% natural wood cedar shakes or 100%
natural wood cedar shingles unless written approval for use of
other materials is granted by the ACC prior to construction. No
flat roofs shall be allowed .
3 . 6 Driveways . All driveways , exterior �walks , and patios
shall be exposed concrete unless approval for use of other
materials is granted by the ACC.
3 . 7 Fences . No fence , wall , or hedge shall be erected or
placed on any lot nearer to any street than the minimum building
setback line , or the actual building setback lines , whichever is
further from the street , except that nothing shall prevent the
erection of a necessary retaining wall , the top of which does not
extend more than two ( 2 ) feet above the finished grade at the
back of said wall . Fences bordering greenbelt areas shall be
erected with the finished side facing the greenbelt areas . No
� fencing shall be permitted in the front yard . On corner lots ,
fencing shall only be allowed from the rear corner of the house
to the rear lot line along the exterior side lot line . All
fencing shall be approved by the ACC prior to installation.
Fences shall be no higher than six ( 6 ) feet and said fenGe design
shall be one of two prior approved designs . Exterior color of
fences shall be one uniform color throughout Kohl Park Addition.
� 3 . 8 Garages . Garages are required and shall be
.�- incorporated in or made a part of the dwelling house . No
0 detached garages shall be permitted without written approyal from
„_ the ACC. Single-car garages , carports , and detached garages are
�.. specifically prohibited .
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� 3 . 9 "Stick-BLilt" Gonstruction. All dwellings shall be of
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Q�j a "stick-built" variety. Mobile homes , manufactured housing , and
modular homes are specifically not permitted .
3 . 10 Antennas/Satell ; te Dishes . Exterior antennas and
satellite dishes are strictly prohibited unless written approval
by the ACC is granted.
3 . 11 Fx rior Finishes . The exterior of each home shall be
finished with spruce , cedar, brick, authentic stone siding , or
OSB LAP siding . Stucco board shall be permitted on gable ends .
"T-111" or equivalents are specifically prohibited, except for
eaves , soffits , and/or porches . Any deviations must have written
consent from the ACC .
ARTICLE IV
4 . 1 Rl7filT1PS.�'. and Commercial Use . Except for model homes or
builders , temporary sales offices , no lot shall be used for other
than one detached single-family dwelling with the parking for not
more than three ( 3 ) cars , and no trade , craft , business ,
professions , or commercial or manufacturing enterprise or
business or commercial activit,y of any kind shall be conducted or
carried on upon any lot or within any building located on a lot ;
nor shall any goods , materials , or supplies used in connection
with any trade , service or business , wherever the same may be
conducted, be kept or stored , outside any building on any lot ;
nor shall any goods , used for private purposes and not for trade
or business , be kept or stored outside any building on any lot .
4 . 2 Maintenance of Structures and LandGcapin� . All
structures upon a lot shall at all times be maintained in good
condition and repair and be properly painted, stained, or
otherwise finished . All trees , hedges , shrubs , flowers , and
lawns shall be maintained and cultivated so that the lot is not
detrimental to the neighborhood as a whole . Slope banks upon any
lot shall be properly watered and maintained by the owner
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thereof. Lot owners shall be responsible for maintaining
"landscaping theme" set forth by the Declarant or Builder with
respect to individual cul-de-sacs and/or streets . The Kohl Park
Addition Homeowners Association shall be responsible for the
maintenance of the common facilities ,
4 . 3 Vehicles . No recreational vehicle and/or commercial
vehicle , including but not limited to boats , campers , motor
homes , trucks in excess of three-quarter ( 3/4 } ton, and trailers ,
whether operable or not , of any kind shall be parked, stored,
maintained, or constructed on any lot or street in such a manner
as to be visible from the street or neighboring lots .
4 . 3 Pets . No animals or fowls shall be raised , kept , or
permitted on any lot except domestic dogs , cats , and caged birds
kept within the dwelling unit ; provided such dogs , cats , and pet
birds are not permitted to run at large and are not permitted to
be kept , bred , or raised for commercial purposes or in
unreasonable numbers . No such household pet which is or becomes
an annoyance or nuisance to the neighborhood shall thereafter be
kept on any lot .
� 4 . 5 = rb ge and Trash. No lot shall be used or maintained
as a dumping ground for rubbish. Trash, garbage and other waste
shall be kept only in sanitary containers properly screened and
shielded from adjacent properties . Al1 equipment for th� stora�e
or disposal of such material shall be kept in a clean and
sanitary condition. No trash, refuse pile , vehicles , underbrush,
� compost pile or other unsightly growth or objects shall be
�, allowed to group, accumulate or remain on any lots so as to be a
Gp detriment to the neighborhood or become a fire hazard.
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.y 4 . 6 NoxiouG or Offensive Activitv. No noxious or offensive
(Y') activity shall be carried on upon any lot , nor shall anything be
0 done or maintained thereon which may be or become an annoyance or
� nuisance to the neighborhood or detract from its value .
4 , 7 wa+.Pr and Sewage Svstems . Private wells and water
supply systems and private sewerage ( septicj systems are
prohibited.
4 . 8 Tem�Orary Residence . No outbuilding , basement , tent ,
' shack, garage , trailer or shed or temporary building of any kind
shall be used as a residence either temporarily or permanently,
except for a construction shack used by an owner' s construction
contractor during the construction period.
4 . 9 D illin� Minin,g , Etc , Exploration for any recovery of
oil and as sand and ravel or other materials , by any
minerals , g , g
means or method, is prohibited.
shall be dis la ed to the public view
4 . 10 Signs . No signs P Y
on any lot except one professional sign of not more than one ( 1 )
square foot , one ( 1 ) sign of not more than five ( 5 } square feet
, advertising the property for sale or rent , or signs used by the
vertise the ro ert during
Declarant , or agents thereof , to ad P P Y
the construction and sales period. The ACC shall have the sole
jurisdiction on all signs within the boundaries of Kohl Park
Addition, including any and all common areas .
4 . 11 Homeowners Association. Every lot owner, by acceptance
of a deed or contract for such lot , is hereby deemed to covenant
' and agree to membership in the Kohl Park Addition Homeowners
' tion for the ur ose of owning property and property
Assocla , P P
right as common area for the benefit of homeowners , and for the
purposes of maintaining , repairing , replacing , or improving any
im rovements laced thereon. Such
such prorerty •r any r r
membership shall be appurtenant to the lot owned by such lot
owner and may not be transferred except by sale or transfer of
the lot itself . Every lot owner is further deemed to covenant
and agree to pay when due any and all dues , assessments , or other
charges that may be levied from time to time by the Kohl Park
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Addition Homeowners Association, in accordance with these
articles and/or the Articles of Incorporation of such
Association, and any sums not paid within thirty ( 30 ) days of the
date due shall become a continuing lien on the lot owned, which
lien may be foreclosed by the Association. Any lien created
hereby shall be subordinate only to any duly recorded purchase
money mortgage , deed of trust or real estate contract which
appears as a "first lien" against the lot .
4 . 12 Common Expenses . The following expenses shall be
considered expenses in common with all the lot owners : purchase ,
operation and maintenance of street lighting ; operation and
maintenance of common-area sprinkler systems and storm drainage
systems ; maintenance of common-area landscaping and fencing ; and
operation and maintenance of the common areas , including
designated common areas ( tracts ) . Common expenses shall be
inclusive of the cost of liability and casualty insurance in
whatever amount is reasonable and deemed appropriate . The
responsibility for the common expenses herein shall be
administered by said Association. Homeowner dues shall be
initially fixed at $150 per year, prorated at closing of home and
_. further payable every July l , in advance for the forthcoming
year.
4 . 13 N�n-lia.hilitv of A .0 and Homeowners AGsociation
Members . Neither the ACC or the Homeowners Association,` nor any
member thereof , shall be liable to any owner, occupant , builder,
or developer for any damages , loss or prejudice suffered or
claimed� on account of any action or failure to act of the
f�. tCommittee or member thereof , provided that the member has acted
� in good faith and on the basis of the facts as known to him.
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�-- ARTICLE V
C�
Q 5 . 1 Amendment . This �eclaration can be amended at any time
"—' by Declarant prior to the sale of all Lots by the Declarant .
� Thereafter, this Declaration can be amended by an affirmative
, majority vote of the lot owners .
5 . 2 F.nforceme�. The Declarant or the ACC shall have the
right to enforce any provision of this Declaration or to recover
damages resulting from any violation thereof any proceeding at
law or in equity. Thirty ( 30 ) days after written notice to the
' owner of any lot setting forth a violation, Declarant , the ACC or
the agent of either may enter upon such lot , which entry shall �
not be deemed a trespass , and take whatever steps are necessary ,
to correct the violation. The expenses thereof , if not paid by ',
such owner within thirty ( 30 ) da,ys after written notice and
' billing , may be filed as a lien upon such lot . Failure. of the
, Declarant or the ACC to enforce any provisions herein shall in no
event be deemed a waiver of the right to do so . In the event of
legal action, the prevailing party shall be entitled to recover
actual costs and reasonable attorney fees .
' 5 . 3 Severab;litv. Invalidation of any provisions hereof
' shall not affect the other provisions , which shall remain in full
force and effect .
5 . 4 Notice . Any notice required hereunder shall be deemed
effective when personal�y delivered or when mailed by certified
mail to the owner of public record at the time of such mailing to
such owner' s address as appears on the King County tax records .
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IN WITNESS WHEREOF, the Declarant has hereunto set its hand
and corporate seal this 3�,r day of �%;.�• ,,�(,, _ _ , 1990 , i
KOHI, EXCAVATING, IN�. , a I
Was ' ngto corparatio:�
� �y, �> ,�� t � �/ �
van Christianson �
�Y 1r�1�°� �---'/t�Zt�a.�L.-�,.-er-- i
Delores Christzansan I
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� Acknowledgment
' STATE OF WASHINGTON )
)
COUNTY OF KTNG }
On this � day of 1�;�.�-�'t bGY" , 1990 , befare me, the
, � undersigned, a Notary Public in and for the State of Was ington,
' duly commissioned and sworn, personally appeared �y� % �Ot-'L�'
' � and ��LK:S�7'��„ , to me knawn
to be th�eople who signed as the and
� �Ylt�...�Jl�. , respectiveiy, of Kohl Exc�avating,
, •,� Inc . , the corporatian that executed the within and foregoing
� instrument , and acknowledged said instrument ta be the free anel
,,,,_ voluntary act and deed of said carporatian for the uses and
� purposes therein mentianed, and on aa.th stated that they were
I � du3y elected, qualified and acting for the carporation, that they
,,,_„ were a.uthorized to execute said instrument and that the seal
' (�} affixed, if any, is the corporate seal of said corporation.
IN WITNESS WHER,EOF, I have hereunto set my hand and official
seal the day and year first abave written.
� ��
; NOTARY PUBLIC i • and for the
, State of Washington, residing
at ��''�r��'Y, i+�.•lff�
� My co�mmissian expires ,�f�-.9,�.--
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��'�.ED F� RECORD AT REQUES��� t�� "
OF�i�E OF THE CITY CLERK FP-117-90
REN�'ON M''JNICIPAL BLDG.
200 MILL aV�. S0.
�'ENTON, WA 98055 DECLARATION OF
PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS
KOHL PARK ADDITION
THIS INDENTURE AND DECLARATION running with the land, made
, this � day of I,�a,, ,.� , 1990 , by KOHL EXCAVATING,
INC. , a Washington corporation ( "Declarant" ) ,
WITNESSETH:
WHEREAS , Declarant is the owner in fee of certain real
property ( the "Real Property" ) described as Kohl Park Addition,
consisting of Lots 1 through 6 ( the "Lots" ) , under Auditor' s No .
, records of King Count,y, Washington, .
WHEREAS , Declarant desires to impose certain protective
covenants upon the Real Property for the mutual benefit of all
owners , present and future ;
NOW, THEREFORE , Declarant hereby declares as follows :
� ARTICLE I
C'7
� 1 . 1 Declaration. The Lots shall be held, sold and conveyed
� subject to the easements , covenants , conditions and restrictions
'd' set forth herein, all of which are for the purpose of enhancing
� and protecting the value , desirability and attractiveness of the
� Lots . Such easements , covenants , conditions and restrictions
� shall run with the land and shall be binding on all parties
having or acquiring any right , title or interest in any Lot and
shall inure to the benefit of each owner thereof ; and are imposed
upon each Lot as a servitude in favor of each and ever,y other Lot
as the dominant tenement .
1 . 2 Term. This Declaration shall be effective for an
initial term, expiring December 31 , 2010 , and thereafter by
automatic extension for successive periods of ten ( 10 ) years
each, unless terminated, at the expiration of the initial term or
any succeeding ten-year term by a Termination Agreement executed
by the then owners of not less than seventy-five percent ( 75� } of
the Lots then subject to this Declaration.
. 1 . 3 Architectural Gontrol Committee . The Architectural
Control Committee ( "ACC" } shall consist of not more than three
( 3 ) members who shall be appointed initially by Declarant and
remain in office until such time as seventy-five percent ( 75%) of
the Lots subject to this Declaration and any Supplemental
Declarations have been built upon and conveyed from the home
' builder to a consumer . At an,y time prior to the resale of
seventy-five ( 75% } of the Lots to the consumer, Declarant
reserves the right to . extend the initial appointment of the ACC
for a period of time not to exceed four ( 4 ) years from the date
of the extension. Declarant further reserves unto itself the
right to dissolve the ACC appointed by Declarant , thereby vesting
the membership of the Homeowners Association with the authority
to meet and a oint a successor ACC. The AGC ma desi nate a
PP Y g
single person to act on behalf of the ACC . No member of the ACC
shall be entitled to compensation. The initial ACC shall consist
of :
Mr. Zvan Christianson ���� � �
Kohl Excavating , Inc . ,
3330 East Valley Road �!\.'.���
Renton, WA 98055 �� ��-'
Mr. Delores Christianson n� �
Kohl Excavating , Inc . xJ"�-�—
3330 East Valley Road
Renton, WA 98055 ' �
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1 . 4 Homeown r A Go .ia ion. A Homeowners Association shall
be created to manage , administer and maintain the entire property
of Kohl Park Addition.
ARTICLE II
2 . 1 Easements . On each lot , an easement is reserved under
and upon five-foot strips of land parallel and adjacent to front
and rear boundary lines and to side-street boundary lines , and
under and upon two and one-half ( 2-1/2 ) foot strips of land
adjacent to the side boundary lines ( except any side street
boundary lines ) for utility installation and maintenance ,
including but not limited to pawer , telephone , water, sewer,
drainage and gas , together with the right to enter upon the lot
at all times for such purposes . Additional utility easements are
reserved as shown on the recorded plat , and others may also be
recorded if required by governmental agencies or other bodies .
Within such strips 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 , obstruct or retard the flow of water through drainage
_ channels . Such easement areas and all improvements therein shall
be maintained by the owner of the lot , except as to utilities
services improvements located therein, which are the
responsibility of the utility entity owning such improvements .
Fencing and landscape plantings are permitted on site �and rear
� property lines as approved by the ACC.
�
� 2 . 2 �erv;ces . No building shall be located on any lot
„�, nearer to the lot lines than required by the codes and ordinances
_ governed by King County. Builder must have specific written
� approval from the ACC on the placement of the house prior to
� commencing construction.
C7`
ARTICLE III
3 . 1 Site Preparati_on . Clearing and grading , including , but
not limited to the cutting or transplanting of natural vegetation
on any lot , shall not be undertaken until plans for the single-
family dwelling to be constructed thereon are approved by the ACC
as provided for herein.
3 . 2 Con� � ion Agproval , No building or other structure
shall be commenced, erected or altered upon any lot , nor shall
any exterior addition be made until the construction plans and
specifications and a plot plan showing the nature , kind, shape ,
height , materials , colors and location of the same shall have
been submitted to and approved in writing by the ACC as to
harmony of exterior design and location in relation to , and its
effect upon, surrounding structures and topography. If the ACC
fails t
• �rrr�ve •r �isa.pprove such design and location within
fifteen ( 15 ) days after such plans and specifications have been
received by it , approval will not be required , and this Article
will be deemed to have been fully complied with, Al1 plans ,
specification and plot plans are to be submitted to the Committee
at the following address : Kohl Excavating , Inc . , 3330 East
Valley Road, Renton, Washington 98055 , or at such other address
as may hereafter be given in writing to the lot owners by the �
Declarant or the ACC .
3 . 3 An dwellin or st
.onG . � .tion im . y g ructure erected
� or placed on any lot shall be completed as to external
appearance , including finish painting and landscaping , within six
( 6 ) months from date framing commences . The landscaping shall be
' completed within the six- ( 6 ) month time frame is inclusive of
the lawn, rockery, shrubbery, etc . for the entire front yard, lot
line to lot line .
3 . 4 Site of Tmp ov m .nt� . Single-family dwelling units ,
excluding garages , porches , and eaves shall have a living area of
not less than 1 , 400 square feet for multi-level construction.
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Single-level dwellings must have a finished living area of not
less than 1 , 000 square feet .
� 3 . 5 Roofs . Roofs on all buildings in Kohl Park Addition
must be finished with 100% natural wood cedar shakes or 100%
natural wood cedar shingles unless written approval for use of
other materials i5 granted by the ACC prior to construction. No
flat roofs shall be allowed .
3 . 6 �rivewavs . All driveways , exterior �walks , and patios
shall be exposed concrete unless approvAl for use of other
materials is granted by the ACC .
3 . 7 Fences . No fence , wall , or hedge shall be erected or
placed on any lot nearer to any street than the minimum building
setback line , or the actual building setback lines , whichever is
further from the street , except that nothing shall prevent the
erection of a necessary retaining wall , the top of which does not
extend more than two ( 2 ) feet above the finished grade at the
back of said wall . Fences bordering greenbelt areas shall be
erected with the finished side facing the greenbelt areas . No
fencing shall be permitted in the front yard . On corner lots ,
fencing shall only be allowed from the rear corner of the house
, to the rear lot line along the exterior side lot line . All
fencing shall be approved by the ACC prior to installation.
Fences shall be no higher than six ( 6 ) feet and said fenGe design
� shall be one of two prior approved designs . Exterior color of
� fences shall be one uniform color throughout Kohl Park Addition.
�
� 3 . 8 Garages . Garages are required and shall be
�
' — incorporated in or made a part of the dwelling house . No
� detached garages shall be permitted without written approyal from
� the ACC. Single-car garages , carports , and detached garages are
� specifically prohibited.
3 . 9 " - " Al1 dwellin s
St ' k B �i 1 onGt � .i on. g shall be of
a "stick-built" variety. Mobile homes , manufactured housing , and
modular homes are specifically not permitted.
3 . 10 Antennas/Satellite Dishes . Exterior antennas and
, satellite dishes are strictly prohibited unless written approval
by the ACC is granted.
3 . 11 Exterior Finishes . The exterior of each home shall be
finished with spruce , cedar , brick, authentic stone siding , or
OSB LAP siding . Stucco board shall be permitted on gable ends .
"T-111 " or equivalents are specifically prohibited, except for
eaves , soffits , and/or porches . Any deviations must have written
consent from the ACC .
ARTICLE IV
4 . 1 Business and Commercial Use . Except for model homes or
builders , temporary sales offices , no lot shall be used for other
than one detached single-family dwelling with the parking for not
more than three ( 3 ) cars , and no trade , craft , business ,
professions , or commercial or manufacturing enterprise or
business or commercial activity of any kind shall be conducted or
carried on upon any lot or within any building located on a lot ;
nor shall any goods , materials , or supplies used in connection
with any trade , service or business , wherever the same may be
conducted, be kept or stored , outside any building on any lot ;
nor shall any goods , used for private purposes and not for trade
or business , be kept or stored outside any building on any lot .
4 . 2 Maintenance of StrL�ctures and Landscaping. Al1
structures upon a lot shall at all times be maintained in good
condition and repair and be properly painted, stained, or
otherwise finished . All trees , hedges , shrubs , flowers , and
lawns shall be maintained and cultivated so that the lot is not
detrimental to the neighborhood as a whole . Slope banks upon any
lot shall be properly watered and maintained by the owner
- 3 -
thereof. Lot owners shall be responsible for maintaining
"landscaping theme" set forth by the Declarant or Builder with
respect to individual cul-de-sacs and/or streets . The Kohl Park
Addition Homeowners Association shall be responsible for the
maintenance of the common facilities .
4 . 3 Vehicles . No recreational vehicle and/or commercial
vehicle , including but not limited to boats , campers , motor
homes , trucks in excess of three-quarter ( 3/4 ) ton, and trailers ,
�'� ' whether operable or not , of any kind shall be parked, stored,
� maintained, or constructed on any lot or street in such a manner
as to be visible from the street or neighboring lots ,
4 . 3 Pets . No animals or fowls shall be raised, kept , or
permitted on any lot except domestic dogs , cats , and caged birds
kept within the dwelling unit ; provided such dogs , cats , and pet
birds are not permitted to run at large and are not permitted to
be kept , bred, or raised for commercial purposes or in
No such household et which is or becomes
I unreasonable numbers . P
sance to the nei hborhood
shall thereafter be
nno ance or nui g
an a y
kept on any lot .
� 4 . 5 = rb gP and Trash. No lot shall be used or maintained
as a dumping ground for rubbish. Trash, garbage and other waste
shall be kept only in sanitary containers properly screened and
shielded from adjacent properties . All equipment for th� storage
or disposal of such material shall be kept in a clean and
sanitary condition. No trash, refuse pile , vehicles , underbrush,
� compost pile or other unsightly growth or objects shall be
� allowed to group, accumulate or remain on any lots so as to be a
Q�
� detriment to the neighborhood or become a fire hazard.
�d"
4 . 6 NoxiouG or Offensive Activitv. No noxious or offensive
O activity shall be carried on upon any lot , nor shall anything be
� done or maintained thereon which may be or become an annoyance or
nuisance to the neighborhood or detract from its value .
4 . 7 Water and Sewage SvstemG . Private wells and water
supply systems and private sewerage ( septic } systems are
prohibited.
4 , 8 Temporary Residence . No outbuilding , basement , tent ,
shack, garage , trailer or shed or temporary building of any kind
shall be used as a residence either temporarily or permanently,
except for a construction shack used by an owner' s construction
contractor during the construction period.
4 . 9 �rillin� Mi �ing , Etc , Exploration for any recovery of
minerals , oil and gas , sand and gravel or other materials , by any
means or method, is prohibited .
4 . 10 Si�ns . No signs shall be displayed to the public view
on any lot except one professional sign of not more than one ( 1 )
square foot , one ( 1 ) sign of not more than five ( 5 ) square feet
advertising the property for sale or rent , or signs used by the
Declarant , or agents thereof , to advertise the property during
the construction and sales period. The ACC shall have the sole
jurisdiction on all signs within the boundaries of Kohl Park
Addition, including any and all common areas .
4 . 11 Homeowners Association. Every lot owner , by acceptance
of a deed or contract for such lot , is hereby deemed to covenant
and agree to membership in the Kohl Park Addition Homeowners �,
Association, for the purpose of owning property and property I
right as common area for the benefit of homeowners , and for the
purposes of maintaining , repairing , replacing , or improving any
such property or any improvements placed thereon. Such
membership shall be appurtenant to the lot owned by such lot
owner and may not be transferred except by sale or transfer of
the lot itself . Every lot owner is further deemed to covenant
and agree to pay when due any and all dues , assessments , or other
charges that may be levied from time to time by the Kohl Park
- 4 -
Addition Homeowners Association, in accordance with these
articles and/or the Articles of Incorporation of such
Association, and any sums not paid within thirty ( 30 ) days of the
date due shall become a continuing lien on the lot owned, which
lien may be foreclosed by the Association. Any lien created
hereby shall be subordinate only to any duly recorded purchase
money mortgage , deed of trust or real estate contract which
appears as a "first lien" against the lot . �
4 . 12 �:ommon Ex ens��. The following expenses shall be •
considered expenses in common with all the lot owners : purchase ,
operation and maintenance of street lighting ; operation and
maintenance of common-area sprinkler systems and storm drainage
systems ; maintenance of common-area landscaping and fencing ; and
operation and maintenance of the common areas , including
designated common areas ( tracts ) . Common expenses shall be
inclusive of the cost of liability and casualty insurance in
whatever amount is reasonable and deemed appropriate . The
responsibility for the common expenses herein shall be
administered by said Association. Homeowner dues shall be
initially fixed at $150 per year, prorated at closing of home and
._ further payable every July 1 , in advance for the forthcoming
year.
4 . 13 Non-liabilitv of ACC and Homeowners Association
Members . Neither the ACC or the Homeowners Association,� nor any
member thereof , shall be liable to any owner , occupant , builder,
or developer for any damages , loss or prejudice suffered or
� claimed� on account of any action or failure to act of the
� �Committee or member thereof , provided that the member has acted
O� in good faith and on the basis of the facts as known to him.
�
�1'
_ ARTICLE V
0 5 . 1 Amendment . This Declaration can be amended at any time
q� by Declarant prior to the sale of all Lots by the Declarant .
Thereafter, this Declaration can be amended by an affirmative
majority vote of the lot owners .
5 . 2 Enforcement . The Declarant or the ACC shall have the
right to enforce any provision of this Declaration or to recover
damages resulting from any violation thereof any proceeding at
law or in equity. Thirty ( 30 ) days after written notice to the
owner of any lot setting forth a violation, Declarant , the ACC or
the agent of either may enter upon such lot , which entry shall
not be deemed a trespass , and take whatever steps are necessary
to correct the violation. The expenses thereof , if not paid by
such owner within thirty ( 30 } da,ys after written notice and
billing , may be filed as a lien upon such lot . Failure. of the
Declarant or the ACC to enforce any provisions herein shall in no
event be deemed a waiver of the right to do so . In the event of
legal action, the prevailing party shall be entitled to recover
actual costs and reasonable attorney fees .
5 . 3 Severabilitv. Invalidation of any provisions hereof
shall not affect the other provisions , which shall remain in full
force and effect .
5 . 4 Notice . Any notice required hereunder shall be deemed
effective when personally delivered or when mailed by certified
mail to the owner of public record at the time of such mailing to
such owner' s address as appears on the King County tax records .
- 5 -
' ! • . �
IN WITNESS WHEREOF, the Declarant has hereunto set its hand
and corporate seal this 3o,r day of ,�%c���. .�,i." , 1990 .
KOHL EXCAVATING, INC. , a
Was ngto corporatio?1
B y 'L'-L1 �� , y � _
van Christianson _ __ _.
By �l/�-(Q-� �Zl.�-�'-r�-er,�-
Delores Christianson
Acknowledgment
STATE OF WASHINGTON )
)
COUNTY OF KING )
On this � day of �,�.��-/�'1bLt/ , 1990 , before me , the
. undersigned, a Notary Public in and for the State of Wa,,s�}ington,
duly commissioned and sworn, personally appeared ���' % G�JOr'�S
� and �'LI�L.S�"i'Al15pn , to me known
to be th�eople who signed as the and
/YAS��LS , respectively, of Kohl Ex�avating ,
Inc . , the corporation that executed the within and foregoing
� instrument , and acknowledged said instrument to be the free and
� voluntary act and deed of said corporation for the uses and
�' purposes therein mentioned , and on oath stated that they were
� duly elected, qualified and acting for the corporation, that they
'd'
— were authorized to execute said instrument and that the seal
� affixed, if any, is the corporate seal of said corporation.
Q� IN WITNESS WHEREOF, I have hereunto set my hand and official
seal the day and year first above written.
�%>��G���CZ, :�
NOTARY PUBLIC i and for the
State of Washington, residing
at ,
My commission expires �.9.�--
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��'� 1889 a�y
STATE of `YVASHING'I�ON �ECRE�ARY' of SZATE
I, Ralph Munro, Secretary of State of the State of Washington and custodian of its seal, �
hereby certify that !
CERT`IFICATE OF INCORPORATION I
, . ' of
� �KOHL . PARK ADDITION HOMEOWNERS ASSOCIAT.ION
• ' ::;a
,G' :'��.. : ... ..... .. .:. :: i . ,;. J'�,�,_.
a '��r ��pr�'"�� �:Washington Non Prof'it1,. . . � . corporation,
�:_'�
was/were filed for record in this office on the date indicated below. �
.s.::'"" �.. . ,. .. . , ..,
.4 f " . . ' • .. ,
I
Corporation Number; 6 01 2 8 9 10 8 Date: p e c emb e r 12 , 19 9 0
� crrY o�a�xrori
�E C E f � E
�.
���
� �
JAN
� 3 1990
I -
�- -
_ BUILDING QIVISION
Given under my hand and the seal of the State
of Washington, at Olympia, the State Capitol.
v VNrK�
1 Ralph Munro, Secretary o� State
' r�
' .
- - �
'"�;,,, � � ,�'' 2-432940-8
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SSF 88
. . . (�v� ��� %d� , I F,Lta " '
• STAi E OF�V,4Si�ING i ON
DEC � 2 1990
RhLPH MU�190 �
SECf3ETARY 0�STA7E '.
ARTICLES OF INCORPORATION `4
OF '
KOHL PARK ADDITION HOMEOWNERS ASSOCIATION
A Washington Non-Profit Corporation
�
The undersigned , being over the age of eighteen ( 18 ) years ,
for the purpose of forminb a non-profit corporation under
RCk' 2� . 03 , hereb5• certifies and adopts the following Articles of
Incorporation:
t1I3�T ISJ1 E I �
Name and Dttration
The name of the corporation is I�ohl Park addition Homeow�ners
�ssociation lthe "Corporation" ) and its duration shall be
perpetual .
�1RTICLE II
Ptirpose� .
The purposes of the Corporation are as folloc�-s :
1 . To determine , establish and administer all policies ,
rtiles and re�tzlations �overning the uses , purposes and
mainterzance of the property and to go�-ern the business affairs of
I'� the Gorporation relating to the occupanc3• and use of the property
known as kohl Park Addition in conformit5- with the Declaration of
Protective Covenants , Conditions and Restrictions of Kohl Park �
Addition and any amendments thereto , and the Bylaws adopted '
,
hereunder , except as restricted by law .
2 . Zn fizrthera.nce of and not in limitation of the general
powers conferred by the laws of the State of Washington, the
Cor•poration shall also have the po�aer to engage in all such
- acti�-ities as are incidental or conducive to the attainment of
the purposes of this Corporation, or an� of them, and to exercise
any and all powers authorized or permitted to be done by a
, Corporation under an,y laws that may be now or hereafter
applicable or available to this Corporation. ;
ARTICLE III �
Votin�
1 . Each lot in Kohl Park Addition shall be entitled to one
, ( 1 ) membership in the Corporation ( "Member" ) regardless of how
man3� persons actually own the lot or how many persons reside on ,
such lot . i
I
2 . At each election for directors , every Member entitled
' to vote at such election shall have t.he right to vote , in per. son
or by pro;cy, the number of votes held by him for as many persons
as there are directors to be eJ.ected . No cumulative voting for
directors shall be permitted . ,
3 . In all other cases , each Member shall have the ri�ht to
vote on each matter submitted to a vote of the Members .
A3TZSI,F Tv
g�eo;�+orP�pf f,i and Re�i � .ered A�ent
The address of the initial registered office of the
, Co�poration is c.are of P . 0 . Box 6033 , . Federal Way, Washington
98063-6033 and the name of its iriitial registered agent at such
�
address is Brian A. McAloney . The physical address is 31620 23rd
S Suite 200 Federal Way, WA 98003 .
Avenue , ,
8 .TT ,T, . V
Board of Directors
The number of directors of the Corporation shall be fixed in
the manner specified in the B,ylaws of the Corporation . The
�
number of directors constitutin„ the initial Boa.rd of Directors
of the Corporation is two ( 2 ) . The names and addresses of the
persons who are to serve as directors until their successors are
elected and qualified are as follows :
Name Address
Ivan Christianson 3330 East Valley Road
Renton, �9A 98055
Delores Christ�ianson 3330 East Valley Road
Renton, WA 98055
ARTICLE VL
�im� tation �f T,iabilitv
Except as limited b,y the laws of the Sta�e of Washington ,
including but not limited to RCI� 24 . 03 . 025 ( 4 ) ( c ) , the Corpor. ation
shall indemnif,y and hold each di.rector and officer of the
Corporation harmless from any at�d all costs , losses , liab�.li.ties
and expenses which mAy be i.rnpos��d upon or incurred by him or her
in connection with or resulting from any claim, action, lawsuit ,
or proceeding in which he or sh� ma,y become involved as a party
or otrie�wise by reason of being or having been s�uch direci:or or
officer , whether or not he or st�e sha]. 1 be adjudged liable for
negligence or misconduct in the performance of his or her dut� to
the Corporation.
ARTICLES OF INCORPORATION - 2
. . � .
' � ' ' ' ��
. I
1
�
�j�,'ZT�T,F. �'T T '
i
T„nc,orpo a .or 1
<
The name and address of the incarporator are : �
Brian A. McAlones� �
P. 0. Box 6Q33
Federal Way, Washington 98063-6033 �
!�R'f'T .F VTTT �
�1��'s�'�.3,b t��?�xL O'P t'��S G
In the event af a dissoluticin af the Corparation , the net
assets of the Carparation shall be distributed ta the Members in
propartion to their respective interests in the Carporation.
" aRT��I�
�mendment�
i . Articles of Incorparation. ��ie Corporatior� reser��es
the ri�ht to amend or repeal an�- pra�-isions contained in these
.art ic�?�s of Incarpor�tian , in an�• man3ler r�oc; or hereafter
p�x~nr: �4.�c1 b�� la�•• , and alI r•ights azzd pos:ez�s cot-rferred herein ar� �
� :�f�n�k�ez�� a��d Directors are sttbject to t.iiis reser��ed poc.er . �
� 2 . Bylaws. The authoritz� ta adopt , amend ar repeal the
� B�-].a��s of the Corporation is �•ested in the Board of Directars and
� it ma�- be exercised at an�- regular or special meeting of the
� Board . 'vothing herein shall deny the concurrent power of the
'�tembers ta adopt , amend or repeal the B�-1aws . �
I;v WZTIv�ESS WHEREOF, the incorporator has. signed these ' �i
Articles of Incorporation in duplicate on the /Z.� da af I
Y
��=�>.�,-4r_�'z-�.�' , 19 9 0 . ',
/ 6
G-•-�""'�,__..._.
BRIAN A. �L��i.�-;"'�arporatar
�� I
�
,
,
�
. �
I �
ARTICLES OF INC�RPORATION -- 3 � i
: . - , " . . . .
i
CONSENT TO SERVE AS REGISTERED AGENT
I
I , BRIAN A. McALONEY, hereby consent to serve as Registered
�gent , in the St.ate of Washington , for the following corporation :
kohl Park Addition Homeowners Association . I understand that as r
agent for the Corporation it will be my responsibility to receive �
service of process in the name of the Corporation , to forward all
mail to the Corporation , and to immediately notify the office of
the Secretary of State in the event of my resignation, or of an�
changes in the registered office address of the Corporation for
khich I am agent .
DATED this 12th day of December , 1990 .
--�
, - � �
BRIa:� ?. . _;��`�Incorporator
P . 0 . Bo1 6033
Federal ��a�- , ��ashin�ton 98063
I
�
I
ARTICLES OF INCORPORATION - 4 - "' �