HomeMy WebLinkAboutMiscEXHIBIT A
Legal Description of the Project
Real property in the County of King, State of Washington, described as follows:
PARCEL A:
LOT X, HONEY CREEK EAST, ACCORDING TO THE PLAT THEREOF, RECORDED IN
VOLUME 261 OF PLATS, PAGES 32 THROUGH 35 IN KING COUNTY, WASHINGTON.
PARCELB:
BEGINNING 1020 FEET NORTH OF THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4
OF THE NORTHEAST 1/4 OF SECTION 4, TOWNSHIP 23 NORTH, RANGE 5 EAST W M ,
THENCE NORTH 88°19'21" WEST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST
1/4, A DISTANCE OF 305 FEET TO THE TRUE POINT OF BEGINNING;
THENCE, CONTINUING NORTH 88°19'21" WEST, 95 FEET; THENCE NORTH 01°56'19" EAST,
PARALLEL WITH THE EAST LINE OF SAID SOUTHEAST 1/4, A DISTANCE OF 196 FEET,
MORE OR LESS, TO THE NORTH LINE OF SAID SOUTHEAST 1/4,
THENCE SOUTH 88°19'21" EAST 95 FEET, THENCE SOUTH 01°56'19" WEST 196 FEET,
MORE OR LESS, TO THE TRUE POINT OF BEGINNING.
PARCELB1:
A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS DESCRIBED AS FOLLOWS:
BEGINNING AT SAID POINT 1020 FEET NORTH OF THE SOUTHEAST CORNER OF THE
SOUTHEAST Y. OF THE NORTHEAST 1/4 OF SECTION 4; THENCE NORTH 88°19'21" WEST,
PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST 1/4, A DISTANCE OF 30 FEET TO
THE WEST MARGIN OF 132ND AVENUE SOUTHEAST RIGHT-OF-WAY AND THE TRUE
POINT OF BEGINNING; THENCE CONTINUING NORTH 88°19'21" WEST 275 FEET; THENCE
NORTH 01°56'19" EAST, PARALLEL WITH THE EAST LINE OF SAID SOUTHEAST 1/4, A
DISTANCE OF 30 FEET; THENCE SOUTH 88°19'21" EAST 275 FEET TO SAID WEST MARGIN
OF 132ND AVENUE SOUTHEAST; THENCE SOUTH 01°56'19" WEST, ALONG SAID WEOST
MARGIN, 30 FEET TO THE TRUE POINT OF BEGINNING. SITUATE IN THE COUNTY OF
KING, STATE OF WASHINGTON.
24
I
I
IN WIT ~ESS WEREOF TUSCANY CONSTRUCTION, LLC have executed this
Declaration the day and year first hereinabove written
TUSCANY CONSTRUCTION, LLC
a Washington Ii nited liability company
By: ______ +-__________ __
STATE OF WA HINGTON
COUNTY OF KING
)
)
)
ss:
I certify hat I know or have satisfactory evidence the
--:---:--:--:--:t--:---:---:-:-is the person who appeared before me, and said person
acknowledged t at he signed this instrument, on oath stated that he was authorized to
execute this inst ument and acknowledged it as the MANAGER of TUSCANY
CONSTRUCTIC N, LLC, to be the free and voluntary act of such party for the uses and
purposes mentio ed in this instrument.
DATED +-_________ " 2016
Print Name: _______ _
I NOTARY PUBL C in and for the State of Washington, residing at
I
I
i
I
I
I
I
I
I
I ,
My Appointment expires: _____ _
23
this Declaration is binding upon all of the Lots remaining subject to its Mortgage,
provided, that, except as to Lots so released, said Mortgage shall remain in full effect.
16.6 Severability. The provisions hereof shall be deemed independent and
severable, and the invalidity or partial invalidity or unenforceability of anyone provision
or portion thereof shall not affect the validity or enforceability of any other provision
hereof.
16.7 Effective Date. The Declaration shall take effect upon recording.
16.8 Government Right of Access. Governmental entities shall have rights of
access and inspection for the open space and any drainage facilities contained therein.
22
(b) If to Declarant, whether in its capacity as an Owner, or in any other
capacity, to th address which Declarant shall have advised the Board in writing.
(c) Prior to the expiration of the Declarant's management authority
pursuant to Se tion 5.2, notices to the Board shall be addressed either to an address to be
posted by the oard at all times in a conspicuous place or to the registered office of the
Association. I addition, from and after the expiration of the Declarant's management
authority, noti, e of the address of the Association shall be given by the Board to each
Owner, within reasonable time after the Board has received actual notice of such
Owner's purch se of a Lot.
16.2 ronvevance Notice Renuired The right of an Owner to sell, transfer, or
otherwise conv y hislher Lot shall not be subject to any right of approval, disapproval,
first refusal, or ~imilar restriction by the Association or the Board or anyone acting on
their behalf. A Owner intending to sell a Lot shall deliver a written notice to the Board
at least two (2) weeks before closing, specifying the Lot being sold; the name and address
of the purchase, of the closing agent, and of the title insurance company insuring the
purchaser's int, est, and the estimated closing date. The failure of an Owner to properly
give such notic to the Board shall not invalidate the sale. The Board shall have the right
to notice the pu chaser, the title insurance company, and the closing agent of the amount
of unpaid asses ments and charges outstanding against the Lot, whether or not such
information is r quested.
16.3 Successor and Assil!ns. This Declaration shall be binding upon and shall
inure to the ben fits of the heirs, personal representatives, successors and assigns of
Declarant, and t· e heirs, personal representatives, grantees, lessees, subleases and
assignees of the Owners.
16.4 J int and Several Liabilitv. In the case of joint ownership of a Lot, the
liability of each f the Owners thereof in connection with the liabilities and obligations of
Owners set forth in or imposed by this Declaration shall be joint and several.
16.5 1\1 ortIJaIJee's Acceotance.
16.5.1 Priority of Mortgage. This Declaration shall not initially be
binding upon an Mortgagee of record at the time of recording of this Declaration but
rather shall be su ject and subordinate to said Mortgage.
16.5.2 IAcceptaoce Upon First ConVeyance. Declarant shall not
I consummate the onveyance of title to any Lot until each Mortgagee of record at the time
of recording ofth's Declaration shall have accepted the provisions of this Declaration and
made appropriate arrangements for partial release of Lots from the lien of said Mortgage.
The issuance and ecording of the first such partial release by said Mortgagee shall
constitute its acceptance of the provisions of this Declaration and acknowledgment that
21
against all Lot Owners to cover the additional cost of repair or replacement not covered
by the insurance proceeds, in addition to any other common assessments made against
such Lot Owners.
ARTICLE 15
ANNEXATION AND WITHDRAWAL OF ADDITIONAL PROPERTIES
IS.! Annexation and Withdrawal by Declarant. Although not obligated to
do so, Declarant reserves the right to develop as single family residential subdivisions
additional lands that would be in addition to and are nearby the land described in Exhibit
A ("Additional Lands"). Declarant may cause all or any portion of such Additional
Lands to be annexed to the existing Project without the assent of the members of the
Association, PROVDED, however, that the annexation of Additional Lands described in
this Article shall be adjacent to the then existing Project. Such Additional Lands shall be
deemed "adjacent" to the existing Project even if separated therefrom by land which (i) is
owned by Declarant, the Association or the Lot Owners as tenants in common, or (ii) is
owned by or dedicated to the public or a governmental agency or instrumentality, or (iii)
is available for the use or benefit of the Association or Lot Owners by easement or
otherwise, or (iv) is a public or private street, path, bicycle path, railroad track or other
improvement or easement for public transportation or utility service. Although not
obligated to do so, Declarant reserves the right to discontinue development of and
withdraw from the Project any unplatted land within the Project, including any Additional
Lands previously annexed, without the assent of the members of the Association.
15.2 Non-Declarant Annexation. Annexation of Additional Lands other than
Declarant annexations provided for in Section 13.1 hereof shall require the assent of the
Owners, Mortgagees and Declarant as provided in Section 12.1
ARTICLE 16
MISCELLANEOUS
16.1 Notices. Any written notice, or other document as required by this
Declaration, may be delivered personally or by mail. If by mail, such notice, unless
expressly provided for herein to the contrary with regard to the type of notice being
given, shall be deemed to have been delivered and received forty-eight (48) hours after a
copy thereof has been deposited in the United States first-class mail, postage prepaid,
properly addresses as follows:
(a) If to an Owner, other than Declarant, to the registered address of
such Owner, as filed in writing with the Board pursuant to the requirements of the
Bylaws, or ifno such address is filed, then to the address of the Owner's Lot.
20
events, the arr endment when adopted shaH bear the signature of the president of the
Association ill d shaH be attested by the secretary, who shaH state whether the amendment
was properly dopted, and shaH be acknowledged by them as officers of the Association.
Amendments ~nce properly adopted shaH be effective upon recording in the appropriate
governmental 6ffices where real estate conveyances are recorded for the county in which
the Project is Ipcated. It is specificaHy covenanted and understood that any amendment
to this Declara ion properly adopted will be completely effective to amend any or aH of
the covenants, conditions and restrictions contained herein that may be affected and any
or aH clauses c f this Declaration unless otherwise specificaHy provided in the section
being amende( or the amendment itself. Notwithstanding the foregoing, this declaration
may not be am nded to eliminate the requirement to own and maintain the Common
Facilities as de cribed in Article 2, as required by approval of this subdivision, without
the prior approval of the City of Renton.
\3.2 Am ndments to Conform to Lendinl' Institution Guidelines. Declarant,
upon Declaran 's sole signature, and as an attorney-in-fact for aH Lot Owners with an
irrevocable Po\ er coupled with an interest, may at any time, until aH Lots have been sold
by Declarant, f Ie an amendment to the Declaration to conform data depicted therein to
improvements s actuaHy constructed and to establish, vacate and relocate utility
easements and ccess road easements.
\3.3 Arfcle 15 Amendments. Declarant, upon Declarant's sole signature, and as
an attorney-in-~ct for aH Lot Owners with an irrevocable power coupled with an interest,
may at any tim , until aH Lots have been sold by Declarant, file such amendments to the
Declaration as He necessary in the exercise of Declarant's powers under Article 15.
Annexations pr vided for in Article 15 shaH be approved and recorded as an amendment
to this Declaratifln as provided in this Article \3.
ARTICLE 14
INSURANCE
14.1 I surance The Board shaH have authority in the exercise of its discretion
to obtain and m intain at all times as a common expense a policy or policies and bonds of
liability insuran e and property insurance covering the ownership, use and operation of
aH the Common Facilities (and Common Facility improvements), if any, including
common person I property and supplies belonging to the Association; fidelity coverage
for Association oard members (including Declarant), officers, employees or agents, and
such other insur nce as the Board may deem advisable or as may be required by the
Federal National Mortgage Association, Federal Home Loan Mortgage Association,
Veterans Admini tration or similar agencies or lending institutions. In the event of
damage to or de truction of any part of the Common Facility improvements, the
Association shal repair or replace the same from the insurance proceeds available. If
such insurance p oceeds are insufficient to cover the costs of repair or placement of the
property damage or destroyed, the Association may make a reconstruction assessment
19
accessory equipment, together with the right to enter upon the Lots at all times for said
purposes.
ARTICLE 12
TERM OF DECLARATION
12.1 Duration of Covenants. The covenants contained herein shall run with and
bind the land for a term of thirty (30) years from the date this Declaration is recorded,
after which time the covenants shall be automatically extended for successive periods of
ten (10) years each, unless an instrument executed in accordance with Section 13. J below
shall be recorded, abandoning or terminating this Declaration.
12.2 Abandonment of Subdivision Status. The Association shall not, without the
prior written approval of the governmental entity having jurisdiction over the Project and
without prior written approval of one hundred percent (100%) of all first Mortgagees
(based upon one (1) vote for each first Mortgage owned) and one hundred percent
(100%) of all Owners (other then Declarant) of record, seek by act or omission to
abandon or terminate the subdivision status of the Project as approved by the
governmental entity having appropriate jurisdiction over the Project.
ARTICLE 13
AMENDMENT OF DECLARATION
13.1 Declaration Amendment. Amendments to the Declaration shall be made by
an instrument in writing entitled "Amendment to Declaration" which sets forth the entire
amendment, except as otherwise specifically provided for in this Declaration, 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 the Owners
vote for such amendment or without any meeting if all Owners have been duly notified
and all the Owners consent in writing to such amendment. Notwithstanding the
foregoing, any amendment to a provision ofthe Declaration establishing, providing for,
governing or regulating the following shall require the consent of all the Owners and all
the Mortgagees and the consent of the Declarant (so long as Declarant owns any Lots):
voting, assessments, assessment liens or subordination of such liens, reserves for
maintenance, repair and replacements of Common Facilities, insurance or bonds; use of
Common Facilities, responsibility for maintenance or repairs, expansion or construction
of the Project or the addition, annexation or withdrawal of property to or from the
Project, boundaries of Lots, converting of Facilities into Common Facilities or vice versa;
dedicating or transferring all or any part of the Common Facilities to any public agency,
authority or utility, leasing of Lots; provisions for the benefit of the Declarant, provisions
for benefit of first Mortgagees, or holders, insures or guarantors of first Mortgages, the
interests in Common Facilities; or imposition of any right of first refusal or similar
restrictions on the right of an Owner to sell, transfer or otherwise convey a Lot, provided,
that a Mortgagee who fails to respond in writing within thirty (30) days of a written
request to approve an amendment shall be deemed to have approved the request. In all
18
I
i
!
I
I
I
I
I
I
i
I
I
I
I
I
!
i
I
I
I
I
I
I
I
10.4 Ct aOl'e in Manner of Architectural Review and Maintenance Within
Project. The ~ssociation shall not, without prior written approval of seventy-five
percent (75%) of all first Mortgagees (based upon one (I) vote for each first Mortgage
owned) and s! venty-five percent (75%) of all Owners (other than Declarant) of record by
act or omissio change, waive or abandon any scheme of regulations, or enforcement
thereof, pertai ing to the architectural design or the exterior appearance of Homes, the
exterior maint nance of Homes, maintenance of walkways, fences and driveways, or the
upkeep oflaw s and plantings in the development, including the provisions of Articles 4
and 5 hereof.
10.5 Co ies of Notices. If the first Mortgagee of any Lot so requests the
Association in writing, the Association shall give written notice to such first Mortgagee
of an Owner& ortgagor of a Lot has for more than sixty (60) days failed to meet any
obligation und r this Declaration.
10.6 Fu nishin!!: of Documents The Association shall make available to
prospective pu chasers, Mortgagees, insurers, and guarantors, at their request, current
copies of the C eclaration, Bylaws, and other rules governing the Project, and the most
recent balance heet and income/expense statement for the Association, if any has been
prepared.
ARTICLE 11
EASEMENTS
11.1 ssociation Functions There is hereby reserved to Declarant and the
Association, or their duly authorized agents and representatives, such easements as are
necessary to pe form the duties and obligations of the Association as are set forth in the
Declaration, or 'n the Bylaws, and rules and regulations adopted by the Association.
11.2 asements Over Common Facilities. The Board, on behalf of the
Association anc all members thereof, and as an attorney-in-fact for all Lot Owners with
an irrevocable ~ower coupled with an interest, shall have authority to grant (in
accordance wit applicable governmental laws and regulations) utility, road and similar
easements, lice ses and permits, under, through or over the Common Facilities, which
easements the E oard determines are reasonably necessary to the ongoing development
and operation 0 the Project.
11.3 ccess to Public Streets. Each Owner and hislher guests and invitees
shall have a pel'] etual, non-exclusive easement across all roadways constructed within the
Project, thereby providing access throughout the Project and to public streets.
11.4 1. tilitv Easements. On each Lot, easements are reserved as provided by
the Boundary Li e Adjustment Map and applicable laws, ordinances and other
governmental ru es and regulations for utility installation and maintenance, including but
not limited to, u derground electric power, telephone, water, sewer, drainage, and
17
party, or in which he/she may become involved, by reason of being or having held such
position at the time such expenses or liabilities are incurred, except in such cases wherein
such person is adjudged guilty of intentional misconduct or gross negligence or a
knowing violation oflaw in the performance ofhislher duties, and except in such cases
where such person has participated in a transaction from which said person will
personally receive a benefit in money, property, or services to which said person is not
legally entitled, PROVIDED, that, in the event of a settlement, the indemnification shall
apply only when the Board approves such settlement and reimbursement as being in the
best interest of the Association. Nothing contained in this Section 9.2 shall, however, be
deemed to obligate the Association to indemnify any Member or Owner of a Lot who is
or has been a Board member or officer of the Association with respect to any duties or
obligation assumed or liabilities incurred by him under and by virtue of the Declaration
as a Member or Owner of a Lot covered thereby and not as a Board member or officer of
the Association.
ARTICLE 10
MORTGAGEE PROTECTION
10.1 Priority of Mortgagee. Notwithstanding all other provisions hereof, the
liens created under this Declaration upon any Lot for assessments shall be subj ect to tax
liens on the Lot in favor an any assessing unit and/or special district and be subject to the
rights of the secured party in the case of any indebtedness secured by first lien Mortgages
which were made in good faith and for value upon the Lot. Where the Mortgagee of a
Lot, or other purchaser of a Lot, obtains possession of a Lot as a result of Mortgage
judicial or nonjudicial foreclosure or deed in lieu thereof, such possessor and its
successors and assigns shall not be liable for the share of any assessment by the
Association chargeable to such Lot which becomes due prior to such possession, but will
be liable for any assessment accruing after such possession. Such unpaid share of
common expenses or assessments shall be deemed to be common expenses collectible
from all of the Lot Owners including such possessor, its successor and assigns.
10.2 Effect of Declaration Amendments. No amendment to this Declaration shall
be effective to modify, change, limit or alter the rights expressly conferred upon
Mortgagees in this instrument with respect to any unsatisfied Mortgage duly recorded
unless the amendment shall be consented to in writing by the holder of such Mortgage.
Any provision of this Article concerning rights of Mortgagees that is inconsistent with
any other provision of this Declaration shall control over such other inconsistent
proVISIOns.
10.3 Rights of Lien Holder. A breach of any of the provisions, conditions,
restriction, covenants, easements or reservations herein contained shall not affect or
impair the lien or charge of any bona fide Mortgage made in good faith and for value on
any Lots, provided, however, that any subsequent Owner of the Lot shall be bound by
these provisions whether such Owner's title was acquired by foreclosure or trustee's sale
or otherwise.
16
8.2 No Waiver of Strict Performance. The failure of the Board, or Declarant
or Declarant's managing agent, as applicable, in anyone or more instances to insist upon
or enforce the trict performance of any of the terms, covenants, conditions or restrictions
of this Declar tion, or of any Bylaws or administrative rules or regulations, shall not be
construed as a waiver or a relinquishment for the future of such term, covenant, condition
or restriction, ut such term, covenant, condition or restriction shall remain in full force
and effect. No waiver by the Board of any provision hereof shall be deemed to have been
made unless e pressed in writing and signed by the Board.
8.3 Ri!!ht of Entrv. Violation of any ofthe provisions hereof shall give to
Declarant, its s ccessors, or the Association, the right to enter upon the Lot as to which
such violation xists and to abate, correct and remove, at the expense of the Owner
thereof, any er ction, thing or condition that may be or exists thereon contrary to the
provisions herepf. Such entry shall be made only after three (3) days notice to said
Owner and wit as little inconvenience to the Owner as possible, and any damage caused
thereby shall b repaired by the Association. Declarant, its successors, or the Association
shall not be deefTIed guilty of any manner of trespass by such entry, abatement or
removal.
8.4 I emedies_Cumulative. The remedies provided are cumulative, and the
Board may purs~e them concurrently, as well as any other remedies that may be available
under law altho gh not expressed herein.
ARTICLE 9
LIMITATION OF LIABILITY
9.1 l'io Personal Liabilitv. So long as a Board member, Association
committee mem er, Association officer, Association agent, or Declarant exercising the
powers ofthe Bard, has acted in good faith, without willful or intentional misconduct,
upon the basis 0 such information as may be possessed by such person, no such person
shall be personal y liable to any Owner, or other party, including the Association, for any
damage, loss or rejudice suffered or claimed on account of any act, omission, error,
, negligence (exce t gross negligence), any discretionary decision, or failure to make a
discretionary dec sion, by such person in such person's official capacity, PROVIDED,
that this section snail not apply where the consequences of such act, omission, error or
negligence are co~ered by insurance or bonds obtained by the Board pursuant to this
Declaration.
9.2 In emnification of Board Members. Each Board member or Association
committee memb r, or Association officer, Association agent, or Declarant exercising the
powers of the Bo rd, and their respective heirs and successors, shall be indemnified by
i the Association a ainst all expenses and liabilities, including attorneys' fees, reasonably
incurred by or im osed in connection with any proceeding to which he/she may be a
15
1-----------------------------------------------------------
7.16.1 All properties dedicated to and accepted by a governmental entity,
7.16.2 All properties owned by a charitable or nonprofit organization or
an organization exempt from taxation by the laws of the state of Washington.
However, the land or improvements, which are referred to in Sections 7.16.1, and 7.16.2
and which are devoted to dwelling use, shall not be exempted from said assessments.
7.17 Effect of Legal Proceedings. In any legal proceeding commenced
pursuant to Section 8.1.1, and notwithstanding the assessment limitation provided for in
the Declaration, the court having jurisdiction over such proceeding shall also have
jurisdiction and power to cause assessments to be levied and collected on an equal per
Lot basis in such amounts as is reasonably necessary to cause the Project to be properly
administered in accordance with the provisions of this Declaration and the Bylaws, or to
cause the provisions of this Declaration and the Bylaws to be properly applied and
enforced.
ARTICLE 8
COMPLIANCE WITH DECLARATION
8.1 Enforcement.
8.1.1 Compliance of Owner. Each Owner, Board member and the
Association shall comply strictly with the provisions ofthis Declaration and with the
Bylaws and administrative rules and regulations adopted by the Association (as the same
may be lawfully amended from time to time). Failure to comply shall be grounds for an
action to recover sums due for damages, or injunctive relief, or both, maintainable by the
Board (acting through its officers on behalf of the Association and the Owners), or by the
aggrieved Owner on hisfher own against the party (including an Owner or the
Association) failing to comply. In addition, the Association may impose and collect fines
as provided in Section 5.4.12 of this Declaration.
8.1.2 Compliance of Lessee. Each Owner who shall rent or lease
hisfher Lot shall insure that the lease or rental agreement is in writing and subject to the
terms of this Declaration, Articles of Incorporation, and Bylaws. Said agreement shall
further provide that failure of any lessee to comply with the provisions of said documents
shall be a default under the lease.
8.1.3 Attorneys' Fees. In any action to enforce the provisions of this
Declaration, the Articles of Incorporation or the Bylaws, the prevailing party in such legal
action shall be entitled to an award for reasonable attorneys' fees and all costs and
expenses reasonably incurred in preparation for or prosecution of said action (including
in any arbitration, on appeal or in any bankruptcy proceeding), in addition to taxable
costs permitted by law ..
14
7.13 Curing of DefauIt. The Board shall prepare and record a satisfaction and
release of the ien for which a claim of lien has been filed and recorded in accordance
with this Arti( Ie upon timely payment or other satisfaction of all delinquent assessments
set forth in th Notice, and all other assessments which have become due and payable
following the ate of such recordation with respect to the Lot as to which such claim of
lien was recor ed, together with all costs, late charges and interest which have accrued
thereon. An a ditional administrative fee of twenty-five dollars ($25.00) covering the
cost of prepar tion and recordation shall be paid to the Association prior to such action.
The satisfactior of the lien created by the claim of lien shall be executed by the president
or treasurer of he Association or by any authorized representative of the Board. For the
purposes of thi paragraph, the term "costs" shall include costs and expenses actually
incurred or ex! ended by the Association in connection with the cost of preparation and
recordation of he claim of lien and in efforts to collect the delinquent assessments
secured by the ien and a reasonable sum for attorneys' fees.
7.14 bmission of Assessment The omission by the Board or the Association
to fix the estim te for assessments and charges hereunder for the next year before the
expiration of a y current year shall not be deemed a waiver or modification in any
respect of the p ovisions of this Declaration, or a release of the Owner from the
obligation to pc v the assessments and charges, or any installment thereof for that or any
subsequent yea. The assessment and charge fixed for the preceding year shall continue
until a new asse~sment or charge is fixed.
7.15 ssessment DeDosit. A Lot Owner may be required, by the Board or by
the managing a e ent, from time to time, to make and maintain a deposit of not more than
the total of one I) annual assessment, plus either one (I) special assessment if special
assessments are payable on an annual basis, or three (3) special assessment installments if
special assessm nts are payable on a monthly or other periodic basis. Such deposit may
be collected as a e other assessments and charges. Such deposit shall be held in a
separate fund, b credited to such Owner, and be for the purpose of establishing a
working capital ~nd for the initial Project operations and a reserve for delinquent
assessments. Re ort may be had thereto at any time when such Owner is ten (10) days or
more delinquent 'n paying hislher assessments and charges, to meet unforeseen
expenditures, to cquire additional equipment or services deemed necessary or desirable
by the Board, or s a credit against any annual or special assessments to become due from
I such Owner. Sai deposits shall not be considered as advance payments of annual
assessments. All or any portion of such deposit may at any time be refunded to the
, Owner by the As ociation in the discretion of the Board, such refund being made as a
I cash refund or a redit against assessments subsequently to become due or a combination
thereof.
7.16 E emut Prouertv. The following property subject to this Declaration
I shall be exempt fi om the assessments created herein:
13
charges shall be maintainable with or without foreclosure or waiver of the lien securing
the same.
7.8 Waiver of Homestead. Each Owner hereby waives, to the extent of any
liens created pursuant to this Article, the benefit of any homestead or exemption law in
effect at the time any assessment or installment thereof becomes delinquent or any lien is
imposed pursuant to the terms hereof.
7.9 Continuing Liability for Assessments. No Owner may exempt
himselflherself from liability for hislher Assessments by abandonment of hislher Lot.
7.10 Records. Financial Statements. The Board shall prepare or cause to be
prepared, for any calendar year in which the Association levies or collects any
assessments, and shall distribute to all Owners, a balance sheet and an operating
(income/expense) statement for the Association, which shall include a schedule of
assessments received and receivable, identified by the number of the Lot and the name of
the Owner so assessed. The Board shall cause detailed and accurate records of the
receipts and expenditures of the Association to be kept specifying and itemizing the
maintenance, operating, and any other expenses incurred. Such records, copies of this
Declaration, the Articles and the Bylaws, and any resolution authorizing expenditures of
Association funds shall be available for examination by any Owner at reasonably
convenient hours.
7.11 Certificate of Assessment. A certificate executed and acknowledged by
the treasurer or the president of the Board, or an authorized agent thereof if neither the
president nor treasurer is available, stating the indebtedness for assessments and charges
or lack thereof secured by the assessment lien upon any Lot shall be conclusive upon the
Association as to the amount of such indebtedness on the date of the certificate, in favor
of all persons who rely thereon in good faith. Such a certificate shall be furnished to any
Owner or any encumbrancer of a Lot within a reasonable time after request, in recordable
form, at a reasonable fee. Unless otherwise prohibited by law, any encumbrancer holding
a lien on a Lot may pay any unpaid assessments or charges with respect to such Lot, and,
upon such payment, shall have a lien on such Lot for the amounts paid of the same rank
as the lien ofhislher encumbrance.
7.12 Foreclosure of Assessment Lien. Attorneys' Fees and Costs. The
Declarant or Board, on behalf of the Association, may initiate action to foreclose the lien
of, or collect, any assessment. In any action to foreclose the lien of, or otherwise collect,
delinquent assessments or charges, any judgment rendered in favor of the Association
shall include a reasonable sum for attorneys' fees and all costs and expenses reasonably
incurred in preparation for or in the prosecution of said action (including in any
arbitration, on appeal, and in ·any bankruptcy proceeding), in addition to taxable costs
permitted by law.
12
assessments p ovided for in Section 7.3. Notwithstanding the provision set forth above,
the Declarant hall not be liable for any fees or assessments assessed or due so long as
Declarant ow s any Lot.
7.4.2 Annual Increase in Dollar Limit. The maximum dollar amount
specified in S ction 7.4.1 shall not be increased by more than fifteen percent (15%)
without the ap roval of a majority of the Lot Owners voting at a meeting duly called for
such purpose.
7.4.3 Owner Approyal Required. Any assessment to be levied in a
given calendar year which would cause the total of all assessments for the year to exceed
the sum per L permitted by Section 7.4.1 and 7.4.2 shall require the calling ofa meeting
of the Associat on upon notice sent to all members not less than thirty (30) nor more than
sixty (60) days in advance of the meeting, and the approval at such meeting of the levy of
such assessme t by a majority of the Lots represented at such meeting, provided a
quorum is pres nt as defined in the Bylaws.
7.5 ner and Ti f Pa ment. Assessments shall be payable by each
Owner in such easonable manner as the Board shall designate. Any assessment or
installment the of which remains unpaid for at least fifteen (15) days after the due date
thereof shall be r interest at an annual rate equal to fifteen percent (15%), and the Board
may also assess a late charge in an amount not exceeding twenty-five (25%) of any
unpaid assessm nt which has been delinquent for more than fifteen (15) days.
7.6 ccounts. Any assessments collected by the Association shall be
deposited in on or more insured institutional depository accounts established by the
Board. The Bo rd shall have exclusive control of such accounts and shall maintain
accurate records thereof, provided, however, that the Board may exercise such control
through a prope manager retained pursuant to Section 5.4.2. No withdrawal shall be
made from said ccounts except to pay for charges and expenses authorized by this
Declaration.
7.7 en In the event any assessment or installment thereof remains
delinquent for m re than thirty (30) days, the Board may, upon fifteen (15) days written
notice to the 0 er of such Lot of the existence of the default, accelerate and demand
immediate paym nt of the entire assessment. The amount of any assessment assessed or
charged to any L t plus interest, cost, late charges and reasonable attorneys' fees, shall be
a lien upon such ot. A claim oflien may be recorded in the office where real estate
conveyances are ecorded for the county in which this Project is located. Such claim of
I lien may be filed at any time at least fifteen (15) days following delivery of the notice of
, default referred t above. The lien for payment of such assessments and charges shall
, have priority ove all other liens and encumbrances, recorded or unrecorded, limited as
, provided in Secti n 10.1. Suit to recover a money judgment for unpaid assessments or
11
any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such
deed, is deemed to covenant and agree to pay to the Association any assessment duly
levied by the Association as provided herein. Such assessments, together with interest,
costs, late charges and reasonable attorneys' fees, 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 interest, costs, late charges and reasonable attorneys' fees,
shall also be the personal obligation of the person who was the Owner of such property at
the time when the assessment fell due. The personal obligation for delinquent
assessments shall not pass to successors in title unless the lien for such delinquent
assessments had been properly recorded prior to the title transfer or unless expressly
assumed by them. Provided, however, that in the case of a sale of any Lot which is
charged with the payment of an assessment or assessments payable in installments, the
person or entity who is the Owner immediately prior to the date of any such sale shall be
personally liable for installments that become due on and after said date.
7.2 Uniform Rate. Any assessments which may be levied from time to time
pursuant to the authority of the Board as set forth in Section 5.4.1, shall be fixed at a
unifoITn rate for each Lot, except for assessments levied against an Owner for the purpose
of reimbursing the Association for cost incurred in bringing the Owner or hislher Home
and/or Lot into compliance with the provisions of this Declaration. Declarant shall not be
obligated to pay any assessment levied against any Lots of this Declaration. Declarant
shall not be obligated to pay any assessment levied against any Lots owned by it. An
assessment against a Lot shall be the joint and several personal obligation of all Owners
of that Lot.
7.3 Initial Assessment Amount. Upon the sale of each Lot by the Declarant
(whether to a builder or otherwise), each Lot Owner, at the time ofhislher purchase of the
Lot, shall pay an initial start-up assessment to the Association in the amount of $150.00.
Such initial assessment shall be in addition to any annual assessment provided for in this
Article 7 and shall be for the purpose of reimbursing the Declarant and/or Association for
maintenance and operating expenses of and for the Common Facilities during the initial
development and house sales period. Notwithstanding the provision set forth above, the
Declarant shall not be liable for any initial assessments assessed or due so long as
Declarant owns any Lot.
7.4 Limitation on Annual Assessment Amount.
7.4.1 Board Authority. At any time after the sale of the first Lot by the
Declarant (whether to a builder or otherwise), the Board shall have the authority, without
obtaining prior approval of the Owners, to levy assessments in a given calendar year
totaling not more then $250.00 per Lot. Assessments included in the foregoing
calculation shall not include any assessments which are levied against an Owner for
reimbursing the Association for costs incurred in bringing the Owner or hislher Home
and/or Lot into compliance with the provision of this Declaration nor any initial
10
this Declarati( n, the Association, acting through its Board, shall have the power to do all
other things ttjat it may deem reasonably necessary to carry out its duties and the
purposes of th Declaration.
ARTICLE 6
USE AND MAINTENACE OBLIGATION OF OWNERS
6.1 Ca eh Basin. The Owner of each Lot shall ensure the cleaning of all catch
basins, if any, ocated on such Lot at least once prior to September 15 th of each calendar
year.
6.2 Ea ements. Easements for the installation and maintenance of utilities,
drainage and ir igation facilities are reserved as shown on the Boundary Line Adjustment
Map and as de cribed in Article II. Within these easements no structure, planting or
other materials shall be placed or permitted to remain which may damage or interfere
with the install tion and/or maintenance of such utilities, or which may change the
directions of fl w of water through a drainage channel in the easement, or which may
obstruct or reta d the flow of water through drainage channels in the easement. Except as
otherwise prov ded in Section 11.4, any easement or portion thereof located on any Lot
and all improv ments thereon shall be maintained continuously by the Lot Owner.
6.3 Con mon Drives Common drives, walks (if any) and paths (if any) shall be
used exclusivel for normal transit and no obstructions shall be placed thereon of therein
except by expn s written consent of the Board.
6.4 Storm Runoff Each Lot Owner shall ensure that all roof down spout drains
are properly cle ned and maintained, and that the Tight Line Drainage lines on each Lot
are clean and fr e of any debris. Due diligence shall be exercised by each Lot Owner to
prevent adverse impact of storm runoff onto down stream Lots.
6.5 Ace ss Road and Stormwater ODe rations and Maintenance. It is the
responsibility 0 the Association to maintain the access road including the road
stormwater coll ction system, until such time that those improvements are deeded or sold
to a government agency, which will assume maintenance and responsibility of such
improvements. I""hese covenants may not be amended to eliminate the requirements to
maintain the sto m water facilities, private roadways and other common facilities, or
permitting conv yance of those features to a third party without the written permission of
the City of Rent n.
ARITCLE7
COMMON EXPENSES AND ASSESSMENTS
7.1 Creation ofthe Lien lind Personal Oblivation of Assessments. The
Declarant, for ea h Lot owned within the Project, hereby covenants, and each Owner of
9
5.4.7 Fences. Landscaping. etc. To the extent deemed advisable by the
Board, pay for the cost of constructing, maintaining, repairing and replacing perimeter
and interior fences, and landscaping and improvements on easements, if any, which are
located on or across Lots including the common landscape area within the storm drainage
easement adjacent to Lot 2 provided, the Board at its option may require a Lot Owner at
the Owner's expense to maintain, repair and replace such fences, landscaping and
improvements as are adjacent to such Owner's Lot.
5.4.8 Enforce Declaration. Enforce the applicable provisions of the
Declaration for the management and control of the Project.
5.4.9 Contracting and Payment for Materials. Services. etc. Contract
and pay for any materials, supplies, labor or services which the Board should determine
are necessary or proper for the enforcement of this Declaration, including legal,
accounting, management or other services, provided that if for any reason any materials,
supplies, labor or services are provided for particular Lots or their Owners, the cost
thereof shall be specially charged to the Owners of such Lots
5.4.10 Attorney-in-Fact. Each Owner, by the mere act of becoming an
Owner, shall irrevocably appoint the Association as hislher attorney-in-fact, with full
power of substitution, to take such action as reasonably necessary to promptly perform
the duties of the Association and Board hereunder, including but not limited to the duties
to maintain, repair and improve the Project, to deal with the Project upon damage or
destruction, to grant easements and licenses over Common Facilities, and to secure
insurance proceeds.
5.4.11 Borrowing of Funds. In the discharge of its duties and the
exercise of its powers as set forth herein, but subject to the limitations set forth herein, the
Board may borrow funds on behalf of the Association.
5.4.12 Adoption of Rules and Regulation: Fines. When and to the
extent deemed advisable by the board, to adopt reasonable rules and regulations
governing the maintenance and use of the Project and other matters of mutual concern to
the Lot Owners, which rules and regulations are not inconsistent with this Declaration
and the Bylaws and which treat all Owners fairly and on a non-discriminatory basis. The
Board may impose and collect charges for late payments of assessments and, after notice
and an opportunity to be heard by the Board or by a representative designated by the
Board in accordance with procedures as provided in the Bylaws or rules and regulations
adopted by the Board, levy reasonable fines in accordance with a previously established
schedule adopted by the Board and furnished to the Owners for violation of the Bylaws,
rules and regulation ofthe Association.
5.4. \3 Additional Powers of Association. In addition to the duties and
powers of the Association as specified in this Declaration, but subject to the provisions of
8
5.4 uthori and Duties of the Board. On behalf of and acting for the
Association, t e Board (or the Declarant or Declarant's managing agent as provided in
Section 5.2 he eot), for the benefit of the Project and the Owners, shall have all powers
and authority ermitted to the Board under this Declaration and any applicable law,
including by n t limited to the following:
5.4.1 Assessments. Establish and collect regular assessments (and to the
extent necessa and permitted hereunder, special assessments) to defray expenses
attributable to arrying out its duties hereunder and maintain an adequate reserve fund for
the operation, aintenance, repair, improvement and replacement of those portions of the
Common Facil ties which must be maintained, repaired or replaced on a periodic basis,
which reserve hall be funded by the above assessments. The Association may impose
and collect cha ges for late payments of assessments.
5.4.2 Services. Obtain the services of persons or firms as required to
properly mana e the affairs of the Project to the extent deemed advisable by the Board
including legal nd accounting services, property management services as well as such
other personnel as the Board shall determine are necessary or proper for the operation of
the Common F cilities, whether such personnel are employed directly by the Board or are
furnished by th manager or management firm or agent.
5.4.3 Utilities. Obtain water, sewer, garbage collection, electrical,
telephone, gas a d any other necessary utility easements and street lighting, as required
for the Commo Facilities.
5.4.4 Insurance. Obtain and pay for policies of insurance or bonds
providing Com on Facilities casualty and liability coverage, and for fidelity of
Association offi ers and other employees, the requirements of which are more fully set
forth in Article 15.
5.4.5 Maintenance and Repair of Common Facilities. Pay for the cost
of painting, mai tenance, repair of all landscaping and gardening work for all Common
Facilities, and i provements located thereon, so as to keep the Project in a good, clean,
attractive, sanita and safe condition and in full compliance with applicable
governmentalla s, rules and regulation and the provisions of this Declaration.
5.4.6 Maintenance of Rights of Way. etc. Pay for the costs of
maintaining and andscaping of rights of way, traffic islands and medians, or other similar
areas which are ot part of the Lots or Common Facilities but which are within or
adjacent to the P ~ect boundaries, and which are owned by or dedicated to a
I governmental en . ty, if said governmental entity fails to do so; provided, the Lot Owner at
the Owner's exp se (rather than the Association) shall maintain and landscape such
i areas as are adjac nt to such Owner's Lot.
7
annex Additional Lands pursuant to Section 15.1, the total number of votes shall be
increased by the applicable number for the Lots in such annexed Additional Lands.
4.4.2 Number of Votes. Except as provided in Section 4.4.1 above, 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 (I) vote.
4.5 Bylaws of Association. Bylaws for the administration of the Association and
the Project and to further the intent of the Declaration, may 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 Declaration and any Bylaws, the
provisions of this Declaration shall prevail.
ARTICLES
MANAGEMENT OF THE ASSOCIATION
5.1 Administration of the Development. The Owners covenant and agree that
the administration of the Project shall be in accordance with the provisions of this
Declaration and the Bylaws of the Association.
5.2 Management by Declarant. The Project shall be managed on behalf of the
Association by the Declarant until the earlier of (a) one hundred twenty (120) days after
all Class B membership terminates, or (b) the date on which Declarant elects to
permanently relinquish all of its authority under this Section 5.2 by written notice to all
Owners. So long as Declarant is managing the Project, Declarant or a managing agent
selected by Declarant shall have the exclusive power and authority to exercise all the
rights, duties and functions of the Board and the Association set forth or necessarily
implied in this Declaration, provided however, that the Association may not be bound
directly or indirectly to any contracts or leases without the right oftermination
exercisable without cause and without penalty at any time after transfer of control to the
Board elected pursuant to Section 5.3, upon not more than ninety (90) days' notice to the
other party to the contract.
5.3 Management by Elected Board of Directors. At the expiration of
Declarant's management authority under Section 5.2, power and authority shall vest in
the Board of Directors elected from among the Lot Owners. The number of directors
shall be specified in the Bylaws and shall be sufficient to adequately handle the affairs of
the Association. The Board may delegate all or any portion of its management duties to a
managing agent or officer of the Association as provided for in the Bylaws. All Board
offices shall be open for election at an organizational meeting. The Board shall elect
from among its members a president who shall preside over meetings of the Board and
the meetings of the Association.
6
,
,
I
family, or his er tenants or contract purchasers who reside on the Owner's Lot and
(subject to re! ulation by the Association) to hislher temporary guests.
ARTICLE 4
OWNERS' ASSOCIATION
4.1 I ,stablishment There is hereby created an association to be called UNION
AVENUELL HOMEOWNERS' ASSOCIATION (referred to hereinafter as the
, "Association" .
4.2 F orm of Association. The Association shall be a nonprofit corporation
formed and op ~rated pursuant to the Title 24 and Chapter 64.38, Revised Code of
Washington. I ~ the event of any conflict between this Declaration and the Articles of
Incorporation r Bylaws for such nonprofit corporation, the provisions of the Declaration
shall prevail.
4.3 I\' embershin.
, 4.3.1 Oualification. Each Owner of a Lot in the Project (including
Declar nt) shall be a member of the Association and shall be entitled to one
membe ship for each Lot so owned. Ownership of a Lot shall be the sole
I qualific ation for membership in the Association.
4.3.2 Transfer of Membership. The Association membership of each , Owner including Declarant) shall be appurtenant to the Lot giving rise to such
! membe ship, and shall not be assigned, conveyed, pledged or alienated in any
way ex ept upon the transfer of title to said Lot and then only to the transferee of
title to uch Lot. Any attempt to make a prohibited transfer of membership shall
be void Any transfer of title to a Lot shall operate automatically to transfer the
membe ship in the Association appurtenant hereto to the new Owner thereof. ,
4.4 ¥ tin".
I 4.4.1 Classes of Voting Membership. The Association shall have two
I classes of votin ~ membership: (a) Class A members shall be all Owners except the
, Declarant. CIa s A members shall be entitled to one vote for each Lot owned; (b) The
Class B memb rs shall be the Declarant, which shall be entitled to (10) votes for each Lot
owned. The C I ss B membership shall cease and be converted to Class A membership on
the happening ( fthe first of the following events: (a) when the total votes outstanding in
the Class A me nbership equal the total votes outstanding in the Class B membership, or
(b) the date wh n Declarant's management powers terminate, as provided in Section 5.2.
In determining whether any given proposition shall have been approved by the
I membership, th total number of Class A and Class B votes shall be combined and the
I appropriate per entage applied against the combined number. If Declarant elects to
I
I 5
I
I
,
---------
------------------------------------------------------------------------------,
defined in Article 4) terminates, and under the control, management and administration of
the Association thereafter. The Association (and the Owners who are members thereof)
have the responsibility and obligation to maintain, repair and administer the Common
Facilities in a clean, attractive, sanitary and safe condition and in full compliance with
applicable, governmental laws, rules and regulations and the provisions of this
Declaration.
2.2 Association Failure to Maintain Common Facilities. In the event the
Association fails to meet its maintenance responsibilities for the Common Facilities, each
Lot owner will have an equal and undivided responsibility for such maintenance and is
jointly liable for the failure to do so.
ARTICLE 3
OWNER'S PROPERTY RIGHTS
3.1 Owner's Rights of Enjoyment. Every Owner shall have a non-exclusive
right, in common with all Owners, of enjoyment in and to the Common Facilities that
shall be appurtenant to and shall pass with the title to ever Lot, subject to the following
proVISIOns:
3.1.1 The rights of the Association to dedicate or transfer all or any part of
the Common Facilities, including easements across said properties, to any public agency,
authority, or utility for such purposes and subject to such conditions as may be agreed to
by the members of the Association.
3.1.2 The right of the Association, in accordance with this Declaration and
its Articles of Incorporation and Bylaws, to borrow money for the purpose of improving
the Common Facilities and in aid thereof to mortgage said property, but the rights of such
mortgagee in said property shall be subordinate to the rights of the Owners hereunder and
subject to the provisions of Section 10.5.
3.1.3 The right of the Association to take such steps as are reasonably
necessary to protect any property mortgaged in accordance with Section 3.1.6 against
foreclosure, including, but not limited to, the right to charge admission and other fees as a
condition to continued enjoyment by the Owners and, if necessary, to open the enjoyment
of such properties to the public.
3.1.4 Until all Class B membership terminates, the exercise of all the rights
and powers set forth in subsections 3.1.1, 3.1.2 and 3.1.3 shall require the prior written
approval of Declarant.
3.2 Delegation of Use. Any Owner may delegate (in accordance with the
Bylaws), hislher right of enjoyment of the Common Facilities to the members ofhislher
4
1.5.10 "Owner" shall mean and refer to the record Owner, whether one or
more persons pr entities, of a fee simple title to any Lot which is a part of the Project,
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 ven ee's interest under such real estate contract, to the exclusion of the vendor
thereunder. Ary person or entity having such interest merely as security for the
performance ( an obligation shall not be considered an Owner.
1.5.11 "Person" shall include natural persons, partnerships, limited liability
companies, co porations, associations and personal representatives.
1.5.12 "Project" shall mean the real estate described in Exhibit A and all
improvements ~nd structures thereon, including such additions thereto as may hereafter
be brought wit in the jurisdiction of the Association.
1.5.13 "Map" shall mean any Boundary Line Adjustment Map(s) approved by
the appropriate governmental entity and recorded in conjunction with or subsequent to
this Declaratio , which Maps depict the layout of the Lots on the Project.
1.5.14 "Plat" shall mean and refer to the boundary line adjustment map of
UNION A YEN ~E LLA as recorded in Book __ of Surveys, Pages _ through --'
Records; ofKi g County, State of Washington, under Recording No.
1.6 Pe centa"e of Mort"a"ees. For purposes of determining the percentage of
first mortgagee approving a proposed decision or course of action, a mortgagee shall be
deemed a separ te mortgagee for each Lot on which it holds a mortgage that constitutes a
first lien on said Lot.
1.7 Pe centa"e of Owners. For purposes of determining the percentage of
Owners approvi ;Ig a proposed decision or course of action, an Owner shall be deemed a
separate Owner or each Lot owned.
ARTICLE 2
OWNERSHIP OF COMMON FACILITIES
2.1 Ownership of Common Facilities. All Common Facilities (pavement,
drainage structures, including but not limited to pipes, catch basins, water quality,
detention and co trol facilities) shall be owned by the Association. The Common
Facilities shall e elude those portions offacilities and utilities which have been or may
hereafter be, ded cated to and owned by the public or a governmental entity or private
utility company. The Common Facilities shall for all purposes be under the control,
management and administration of the Declarant until all Class B membership (as
3
except as conveyances or documents changing such Ownership regarding specifically
described Lots or portions of the Project are filed of record.
1.4 Captions. Captions given to the various articles and sections herein are for
convenience only and are not intended to modify or affect the meaning of any of the
substantive provisions hereof.
1.5 Definitions.
1.5.1 "Association" shall mean the Owner's Association provided for in
Article 4 and its successors and assigns.
1.5.2 "Board" shall mean the Board of Directors of the Association provided
for in Article 5.
1.5.3 "Bylaws" shall mean the duly adopted bylaws of the Association.
1.5.4 "Declarant" shall mean TUSCANY CONSTRUCTION, LLC (being
the Owner of the real property described in Exhibit A thereot) and its successors and
assigns if such successors or assigns should acquire more then one undeveloped Lot from
the Declarant for the purpose of development and by written instrument in recordable
form be specifically assigned the rights and duties of Declarant.
1.5.5 "Declaration" shall mean this declaration and any amendments thereto.
1.5.6 "Home" shall mean and refer to any structure or portion of a structure,
located on a Lot, which structure is designed and intended for use and occupancy as a
residence by a single family or which is intended for use in connection with such
residence.
1.5.7 "Lot" shall mean and refer to any plot ofland shown upon any
recorded Boundary Line Adjustment Map of the Project. 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 included any land shown on a Boundary Line Adjustment Map but
dedicated to the public or to a government entity.
1.5.8 "Mortgage" shall mean a recorded mortgage or deed of trust that
creates a lien against a Lot and shall also mean a real estate contract for the sale of a Lot.
1.5.9 "Mortgagee" shall mean the beneficial Owner, or the designee ofthe
beneficial Owner, of an encumbrance on a Lot created by mortgage or deed of trust and
shall also mean the vendor, or designee of a vendor, of a real estate contract for the sale
ofa Lot.
2
DECLA lATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF
UNION AVENUE LOT LINE ADJUSTMENT
RENTON, WASHINGTON
THIS DECLA~TION is made this DAY OF ______ 2016, by the
undersigned Tr;SCANY CONSTRUCTION, LLC
DESCRIPTION OF THE LAND
A. TU CANY CONSTRUCTION, LLC owns certain real property located
within the Stat of Washington, which property and improvements are commonly known
as the UNION I'\VENUE LOT LINE ADJUSTMENT, located in the City of Renton, King
County, Washi gton and legally described in the attached Exhibit A (the "Project").
NOW, THEREFORE, TUSCANY CONSTRUCTION, LLC hereby declares that the
Lots described rerein shall be held, conveyed, encumbered, leased, rented, used,
occupied and ir proved subject to the following uniform covenants, conditions,
restriction, grants of easement, rights, rights-of-way, liens, charges and equitable
servitudes.
Any conve) nce, transfer, sale, assignment, lease or sublease of a Lot in the Project,
shall and hereb, is deemed to incorporate by reference all provisions of the Declaration.
The provisions fthe Declaration shall be enforceable by Declarant, any Lot Owner, the
Association, an any first mortgagee of any Lot.
ARTICLE 1
INTERPRETATION
1.1 Lit eral Construction The provisions of the Declaration shall be liberally
construed to effi ctuate its purpose of creating a uniform plan for the operation and
maintenance of he Project.
1.2 Co en ant Runnin" with Land. It is intended that this Declaration shall be
operative as a se of covenants running with the land, or equitable servitudes, binding on
TUSCANY COl' STRUCTION, LLC, their respective successors, heirs, executors,
administrators, d vi sees or assigns.
1.3 Dec arant is Ori!!inal Owner. TUSCANY CONSTRUCTION, LLC is the
original Owner 0 all Lots and Project and will continue to be deemed the Owner thereof
I
----------------------------
11.4 Utility Easements _________________________ 17
ARTICLE 12 TERM OF DECLARATION
12.1 Duration of Covenants 18
12.2 Abandonment of Subdivision Status 18
ARTICLE 13 AMENDMENT OF DECLARATION, PLAT MAP
13.1 Declaration Amendment 18
13.2 Amendments to Conform to Construction 19
13.3 Amendments to Conform to Lending Institution Guidelines 19
13.4 Article 15 Amendments 19
ARTICLE 14 INSURANCE
14.1 Insurance 19
ARTICLE 15 ANNEXATION & WITHDRAWAL OF ADDITIONAL PROPERTIES
15.1 Annexation and Withdrawal by Declarant 20
15.2 Non-Declarant Annexations 20
ARTICLE 16 MISCELLANEOUS
16.1 Notices 20
16.2 Conveyances, Notice Required 21
16.3 Successor and Assigns 21
16.4 Joint and Several Liability 21
16.5 Mortgagee's Acceptance 21
16.6 Severability 22
16.7 Effective Date 22
16.8 Government Right of Access 22
EXHIBIT A LEGAL DESCRIPTION 24
ARTICLE 7 OMMON EXPENSES AND ASSESSMENTS
7.1 Cre tion of the Lien & Personal Obligation of Assessments 9
7.2 Uni orm Rate 10
7.3 Init al Assessment Amount 10
7.4 Li itation on Annuan Assessment Amount 10
7.5 Ma ner and Time of Payment I I
7.6 Ac unts II
7.7 Lie II
7.8 Wai er of Homestead 12
7.9 Con inuing Liability for Assessments 12
7.10 Rec rds, Financial Statements 12
7.11 Ce . ficate of Assessment 12
7.12 For closure of Assessment Lien, Attorneys' Fees & Costs 12
7.13 Curi g of Default 13
7.14 Omi sion of Assessment 13
7.15 Ass s sment Deposit 13
7.16 Exe pt Property 13
7.17 Effe t of Legal Proceedings 14
ARTICLE 8 OMPLIANCE WITH DECLARATION
8.1
8.2
8.3
8.4
.~~~ _____________________ 14
No aiver of Strict Performance 15
Righ of Entry IS
Rem dies Cumulative 15
ARTICLE 9 L MITATION OF LIABILITY
9.1 No P rsonal Liability .-::-:_-:--__________ IS
9.2 lnde nification of Board Members IS
ARTICLE 10 ORTGAGEE PRO-"-T.:=E-'='C..o.T.o.:IO"'N-'----____________ __
10.1 Prior ty of Mortgagee _____________ 16
10.2 Effec of Declaration Amendments 16
10.3 Righ of Lien Holder 16
10.4 Chan e in Manner of Architectural Review & Maintenance
10.5
10.6
Withi Project ______________ 17
Copi s of Notices ______________ 17
Furni hing of Documents 17
ARTICLES 11 ASEMENTS
11.1
11.2
11.3
=-~ __________________ 17
Ease ents Over Common Facilities 17
Acce to Public Streets 17
TABLE OF CONTENTS
Page
DESCRIPTION OF THE LAND 1
ARTICLE 1 INTERPRETATION
l.l Liberal Construction 1
1.2 Covenant Running with Land 1
1.3 Declarant is Original Owner 1
1.4 Captions 2
1.5 Definitions 2
1.6 Percentage of Mortgagees 3
1. 7 Percentage of Owners 3
ARTICLE 2 OWNERSHIP OF COMMON FACILITIES
2.1 Ownership of Common Facilities 3
2.2 Association Failure To Maintain Common Facilities 4
ARTICLE 3 OWNER'S PROPERTY RIGHTS
3.1 Owner's Rights of Enjoyment 4
3.2 Delegation of Use 4
ARTICLE 4 OWNERS ASSOCIATION
4.1 Establishment 5
4.2 Form of Association 5
4.3 Membership 5
4.4 Voting 5
4.5 Bylaws of Association 6
ARTICLE 5 MANAGEMENT OF THE ASSOCIATION
5.1 Administration ofthe Development 6
5.2 Management by Declarant 6
5.3 Management by Elected Board of Directors 6
5.4 Authority and Duties of the Board 7
ARTICLE 6 USE AND MAINTENANCE OBLIGATION OF
OWNERS
6.1 Catch Basin 9
6.2 Easements 9
6.3 Common Drives 9
6.4 Storm Runoff 9
6.5 Storm Detention Operations and Maintenance 9
~------------
ECLARATIONS OF COVENANTS,
ONDITIONS AND RESTRICTIONS
OF
UNI N AVENUE LOT LINE ADJUSTMENT
RENTON, WASHINGTON
,~, . . "r: " " '
G ... ~.
PL· .:":;.~ . .:.~
18
\.
13
a
Map Exhibit
EXHIBIT "B"
PUBLIC WATER EASEMENT
PA.RCEI. A
PUBUC WATE'" V EASEMENT t.1V
<3 I
I
9
8 I
1
:1 r-7""=-=::-::=------I""i,--. 8 NE(pitv'mo CT PARCEL B ! I I'
LOT ~ HONEY CREEK EAST --l L.--.J
• ? t
----\----sr'i-HE 23RD PL
~OT TO SCALE
Water Easement 20160811\ Page 4 of 4 FORM 03 0008/bh
Exhibit A
Legal Description
Project: Union Avenue Lot Une Adjustment
WOO
PID
GRANTOR: Tuscany Construction, LLC
Street: Union Ave NE
LEGAL OESCR PTION OF PUBLIC WATER EASEMENT:
Portions of Lot X Honey Creek East (Tax Parcel 34489Cl-0440..Q3) and Parcel A (Tax Parcel 042305-9325-03)
as described in t e Legal Description of Entire Property Herein, described as follows:
Beginning at the outheast corner of said Lot X, Honey Creek East;
Thence North 88 19'45" West, along the south line of said Lot X, a distance of 15.50 feet;
Thence Nort 01· 5'38" East 6.00 feet to the true point of beginning;
Thence North 88 19'45" West 311.39 feet;
Thence North 01 40'15" East 30.90 feet;
Thence South 88 19'45" East 21.43 feet;
Thence South 01 40'15" West 15.90 feet;
Thence South 88 19'45" East 33.03 feet;
Thence North 01 '15" East 9.00 feet to a point on the north line of said Lot X;
Thence South 88° 9'45" East, along said north line, a distance of 4.00 feet;
Thence South 01· 0'15" West 9.00 feet;
Thence South 88· 9'45" East 219.17 feet;
Thence North 01° 0'15" East 9.00 feet to a point on the north line of said Lot X;
Thence South 88· 9'45" East, along said north line, a distance of 6.00 feet;
Thence South 01· 0'15" West 9.00 feet;
Thence South 88° 9'45" East 27.83 feet;
Thence South 01· 5'38" West 15.00 feet to the point of beginning.
Containing 5,102 qaure feet or 0.12 acres, more or less.
Situate in the SE X NE X, Section 4, Township 23 North, Range 5 East, W.M., City of Renton, County of State
of Washington.
08/11/16
Water Easement 20160811\ Page 3 of4 FORM 03 OOOB/bh
Notary Seal must e within box
Notary Seal must b within box
eal the day and year as written below.
D/VIDUAL FORM OF ACKNOWLEOGMENT
STATE OF WASHINGTON ) 55
COUNTY OF KING )
I certify that I know or have satisfactory evidence that ________ _
-,_-,-...,......."_-,-...,...-::--,,.,....,-:,-_-:--,-_signed this instrument and
acknowledged It to be his/her/their free and voluntary act for the uses and purposes
mentioned in the instrument
Notary Public in and for the State of Washington
Notary (Print) _____________ _
My appointment expires: ___________ _
Dated:
REPRESENTATIVE FORM OF ACKNOWLEDGMENT
STATE OF WASHINGTON ) 55
COUNTY OF KING )
I certl that I know or have satisfactory evidence that ____ ...,.-___ _
-,=:::...!-"'==<-~"-..:.' -,M=-=~=-:,::,,,=::,,' __ Signed this instrument, on oath
was/were authorized to execute the instrument and
~~~-a~:J.::~A-~~~~~~~~~~.~ ~ "~d~F~ ___ _ t to be the free and voluntary act of such
Notar Public d purposes mentioned in the instrument.
Stat. of ashlngton
ALLE MHAN ~~-t--~~~~~===---~~~-------------------J My Appolntmont E pires Aug 28. ~ Pub IC in a~ for the State of Washington
h .... _ ........ ..r-. .... _ .... ""'''''(Print) Hllw M. HClA
Notary Seal must be ithin box
My appointment expires: &l "3 7 B'i -z.o ("I
Dated: '1. Q .
CORPORATE FO M OF ACKNOWLEDGMENT
STATE OF WASHINGTON ) 55
COUNTY OF KING )
On this ___ day of ____ ~. 19~ before me personally appeared
:-__________________ --:-,-__ to me known to
be of the corporation that
executed the within Instrument, and acknowledge the said instrument to be the free
and voluntary act and deed of said corporation, for the uses and purposes therein
mentioned. and each on oath stated that he/she was authorized to execute said
instrument and that the seal affixed Is the corporate seal of said corporation.
Notary Public in and for the State of Washington
Notary (Print) _________________ _
My appointment expires: ____________ _
Dated:
p
'-,
For the purpose of constructing, reconstructing, installing, repairing, replacing, enlarging, operating and
maintaining wat r lines and associated facilities, together with the right of ingress and egress thereto without
prior institution f any suit or proceedings of law and without incurring any legal obligation or liability therefor.
Following the ini ial construction of its facilities, Grantee may from time to time construct such additional
facilities as it ma require. This easement is granted subject to the following terms and conditions:
1. The Grante shall, upon completion of any work within the property covered by the easement. restore the surface
of the ease rent, and any private improvements disturbed or destroyed during execution of the work, as nearly as
practicable 0 the condition they were in Immediately before commencement of the work or entry by the Grantee.
2. Grantor shal retain the right to use the surface of the easement as long as such use does not interfere wIth the
easement ri~hts granted to the Grantee.
Grantor shal not, however, have the right to:
a. Erec or maintain any buildings or structures within the easement; or
b. Plan trees, shrubs or vegetation having deep root patterns which may cause damage to or interfere with the
utillt es to be placed within the easement by the Grantee; or
c. Deve op, landscape, or beautify the easement area in any way which would unreasonably Increase the costs
to th Grantee of restoring the easement area and any private improvements therein.
d. Dig, ~nnel or perform other forms of construction activities on the property which would disturb the
com action or unearth Grantee's facilities on the rightwof-way, or endanger the lateral support facilities.
e. Blast within fifteen (15) feet of the rlghtwof-way.
This easement s all run with the land described herein, and shall be binding upon the parties, their heirs,
successors in int rest and assigns. Grantors covenant that they are the lawful owners of the above properties
and that they ha e a good and lawful right to execute this agreement.
By this conveyan e, Grantor will warrant and defend the sale hereby made unto the Grantee against all and
every person or ersons, whomsoever, lawfully claiming or to claim the same. This conveyance shall bind the
heirs, executors, dministrators and assigns forever.
IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this Irlday of ~. 20JJ.e.
Notary Seal must be within box
INDIVIDUAL FORM OF ACKNOWLEDGMENT
STATE OF WASHINGTON ) SS
COUNTY OF KING )
I certify that I know or have satisfactory evidence that ________ _
--:_--:---:---:-::-:--:---:-:--::---:-:::--:-::-_--:---:---:-signed this Instrument and
acknowledged it to be his/her/their free and voluntary act for the uses and purposes
mentioned in the instrument
Notary Public in and for the State of Washington
Notary (Printl _____________ _
My appointment expires:. ____________ _
Dated:
,
Return Address:
City Clerk's Offic
City of Renton
1055 South Grad Way
Renton, WA 980 7
WATER EASEME T Property Tax Parcel Numbers: 3448900440 &
0423059325
Project File #: LUAl 2S Project Name: Union Avenue lot Line Adjustment
Reference Numb
Grantor(s):
r(s) of Documents assigned or released: Additional reference numbers are on page
1. Tuscany Con ruction, LLC
2.
Grantee(s):
1. City of Renton, a Municipal Corporation
n/a.
The Grantor{s), as na ed above, for and in consideration of mutual benefits, do by these presents, grant, bargain, sell,
convey, and warrant nto the above named Grantee, its successors and assigns, an easement for public water with
necessary appurtena ces over, under, through, across and upon the following described property (the right-of-way) in King
County, Washington, more particularly described as follows:
LEGAL DESCRIP ION OF ENTIRE PROPERTY:
Tax Parcel 34489 0440
Lot X, Honey Creek East, according to the plat thereof, recorded in volume 261 of plats, pages 32 through 35, in
King County, Washi gton.
Tax Parcel 04230 9325
Parcel A:
Beginning 1020 fee north of the southeast corner of the southeast X of the northeast X of Section 4,
Township 23 North, Range 5 East, W.M.;
Thence North 88"1 '21" West, paraliel with the south line of said southeast X, a distance of 305 feet to the
true point of begin ing;
Thence continuing orth 88"19'21" West 95 feet;
Thence North 01"S '19" East, paraliel with the east line of said southeast X, a distance of 196 feet, more or
less, to the north Ii of said southeast X;
Thence south 88"19 21" East 95 feet;
Thence south 01"56 19" West 196 feet, more or less, to the true point of beginning;
Parcel B:
A non-exclusive eas ment for ingress and egress described as follows:
Beginning at said po nt 1020 feet north of the southeast corner of the southeast X of the northeast X of
Section 4;
Thence North 88°19 21" West, paraliel with the south line of said southeast X, a distance of 30 feet to the· west
margin of 132"" Ave ue Southeast right-of-way and the true point of beginning;
Thence continuing orth 88"19'21" West 275 feet;
Thence North 01'56 19" East, paraliel with the east line of said southeast X, a distance of 30 feet;
Thence South 88"19 21" East 275 feet to said west margin of 132"" Avenue Southeast;
Thence South 01"56 19" West. along said west margin, 30 feet to the true point of beginning
Situate in the Coun of King, State of Washington.
Page 1 of 4
. '. '" -,
I
EXCISE TAX NOT REQUIRED
King Co. Flac:of;sja DIvIsion
~7/-~
------------------------------------------~----------------------.----
" .-"
EXHIBITB
"" f L~~I~~ti~n _ Grantee's
pk~Lt>::'; :
':\" ,i'Lo.t X, Ho.NEY CREEK,EAST, ACCORDING TO TIiE PLATTIiEREo.F, RECORo.ED IN Vo.LUME 261 o.F
""....... PLATS/PAGeS 32 niROUGH'lS, IN KI~G"GQUNTY, WASHINGTON, . . :. ": ':..l '"
~~~~I~~ 102(;' FEiiT ~~Rn:i <i~E ,~EA5l;Co.RNER o.F TIiE So.UTIiEAST 1/4 OF TIiE
No.RTIiEA5H/1 o.FSEqro.N:4lTo.WNSHIP:n No.Rni, RANGE 5 EAST W,M,;
TIiENcENoilTH SS~lnt" wEsti'PARA\4t/\ViTH iH~SOUTIi UNE o.F SAID SOlJTHEAST 1/4, A
DISTANCE OF 305 FEET TO,;THETRU,E,!iQiNT o.f'BEGiNNiNG;
TIiENCE, CONTlN.UING NoRTIi,8s01!i'21! WEsi,"95 !'W;
TIiENCE NORTIi Ol~~6'~9' EAST, P~RAuj:L wnfi J"iE'EAsr UNE OF SAID SOUTIiEAST 1/4, A
DISTANCE o.F 196 FEET, MORE 0.11; t.ESS;TO Jl:jE,No.~ UNE o.F SAID SOUTIiEAST 1/4;
TIiENCE SOUTIi SS019'21" EAST,95 FEt;T;TIiENCE SOUTIi 01°56'19" WEST 196 FEET, Mo.RE o.R LESS,
TO TIiE TRUE POINT o.F BE$N/jIN i" " /"\
311890-0110 & 0423059325
'.,.u
Burnham easement,rtfJ5@8YO~!!01741.:s:0()OO 1',;.'
:. \ ... ' .' .
. '.:\, .....
\
I
EXHIBIT A
Legal Description -Brad and Anita Burnham
TAX PARCEL # 042305·9128
':""'"
Burnham ent.rtf75@8y0311,0 174 \,~:ooooli
.':,1:, ...... ,,, ••• ::" ::'
,/
S'fATf OF WASHINGTON
j~O~TY OF KING
)
) ss:
)
.f I ~ify that I know or have satisfactory evidence that Brad Burnham is the person
,kh9 apPeared liefore me, and said person acknowledged that he is the owner ofthe above
.' .. im~htioolldprop<:rty and he signed the instrument and acknowledged it to be his free and
-:"':" .,-v.~l~ ~t ~~r tge·use:~. and purposes mentioned in the instrument.
",.",,,.,,,,,.,,.
QA niO: Aug\!Sl ...•••• 1-. """:;~~i;,
" '",' ./' ,-. -':,;." ~
.~,-.':." ····r"·
Use th~:s !We fo~not.rial s.t:am ',: seal
~V.~K'
"*"Pu\llk:' My~",""",= ..
MIlICh 30, 201~
.. ".'"''''
.. " .......
.r
OF WASHINGTON
OF KING " ., ....
)
) ss:
)
,/. ";;';,rtiri.that I know or have satisfactory evidence that Anita Burnham is the person
"\ ,i'W~b a (oared Jii:fore me, and said person acknowledged that she is the owner of the above
'. / rtientiJi ed: property,encl"she signed the instrument and acknowledged it to be her free and
">w.,...-"" yoluii }act lo;;the use~:~d purppsos.,mentioned in the instrument.
'Af~: 1ti~t ft';~l,f~'/ .".
~~'.' ~'~i ~';. i/" ">, ~ ,"", '(":/ ../ ":: .. ~.
Useth s s~~p/se • .I).i' , ..,sti.~ / i:~~~Le: .,4iSI.tI1~ tJ P,4-fS,'IL
_30,2010,." i ,/""'l)IOTARY, P,UBLIC in andjor the State of tv ff-.
iW~bin!ll0Q,residing ar,,~1v
',MtA:Ppointriill!'t exp~~s:/31 J,.CJ /1 'J
/ . ..;. " .,.. .' .:\. f
\ .. :. ::.:': ",
.,.-
./
',~ ,
.: ••....
Burnh easement.rtflS@8Yb,!!/01711S.000(jl
'::,:,,:,~, .. ,.... ::: :.:
\.\, .. ,;.:':
':"."
c. "" Brad Burnham and Anita Burnham desire to provide the Grantee's with the following
non-exclusive easement for Storm Sewer and utility access.
AGREEMENT
/'" IN CONSIDERATION of the mutual promises and covenants contained herein and
.i'\'t!ier g60t\ and :valuable consideration, the receipt and sufficiency of which are hereby
,.' a¢kn"wle<lged/the"und~[Signed covenant, stipulate and agree as follows:
, , It, 'Cranl of iiosellleDt 10 QraDlee'" Brad Burnham and Anita Burnham grants
"'l!1ld cOnVeY,s'IO Cln!rite¢ a perpetual, .noh-exclusive "Stonn Sewer and Utility Easement" over,
o~ under ahct'acr¢ss t)iat pi,;tion o(ilian!ot'iI'p!"perty.
'~'. l
'2/ :~. E~s~enlto .kema~~<:i~ar{,,:<NQ;:~Y may place, store, construct, erect or
install upon ~ Easem~nt ariythjhii \hat imp.;,desJ¥ free use across the Easement.
'. ! f ~ If'-'
3. S~ve~bili!y. The in~alidat.i'~6 by,::any court afany reservation, covenant,
restriction, limitation or:~enther~i'n ~nta,ihed s~all in no wa:r.affect any of the other
provisions hereof and the,Swhe shilll refnairi in,fulLforceand effect: "'" ",. ..' .' , """ '.:;. ".J
4. RUDS Witb tbe Land~' 1]iis A~m~nt::.fOn~:titut~.~'::a:~ovenant numing with
the land affecting Grantor's Propc,ty,,,;,d shall be",bindiJIgopQ~ 8Jui inure to the benefit of
the respective owners, and their succe~.o~:·:~ as~lgns. '-::,,/' .' .".
.... ".,:
5.i"4ttomey.' Fees. If any party ~rings'~l\:gal,6nx:iiedjpg to eof"!,,e or,6biirin a
declaratioJi of itS'lights under this Agreement, including l!1lY arbitratiOa'of~ctibn to ,,"nfotce
any lien jbr maint~ance costs, the prevailing ~g'lh srichl~galproceeding ~halfbe,./
entitled,!" reco,ver its reasonable costs and attorneys' fec:$ fn>in!lle nonprevailing"j,artji .
. ' " '.':. '. '.: .. ' .: ....... '.,. .'.' "
DA rt~ 1\il:--,;;-'<Jit~""'V"'0!!.fQA"'Ugu"""st!.:4""."'-20lLl",,6 '" ". "',.,.." "
.' \' " . '\""":"""":~'
:l?!§!1/ ..... / ... ' , i"./' i
~IiY:Brad Bfifflf' urh~}""r' ./'''\ '..""/
>-;~.)r0It'
.·m ~ :::. ,,:/ .. i: ,/'
. .l ".,.
Burnham easement.rtf/5@8YO~!/OI7~15.0000;
"',. .'
~".'
\ .... ,.,/
•
:: ,{ Stann.Sewer and utility Easement Agreement
.,." 'j'
REFE .!'J'ICE NlfMBER(S) OF!' •• ~ ,<
RELA to DoCUlIIENTSi,' ". i.i· .,.../
Addit~.nal ref~c n.~be~ o'nj,age(s):':"" of:~~Ument.
\" l ," .-'" ,~. ~'.. ",,':
GRAN OR: .,. \"",.1'" ,i" I.' '"apd Anita Burnham, B mamed couple i ';"'"j/
GRAN EE:
;; 042305-9128 ""i'
; .. ~
./ .'''',,-,
'::':, '~'. .,: .::.
,.,i ST~~ SEWER AND UTILI~~,EA~~7N!A~E'E~T ,iil
" IS Acdss EASEMENT AGREEMEN"f (tlui' "A~fuent';)'is' made ahd eIltered
into thi,.· 29t4'D~y o(November 2015, by and between B~i~ Anita'ijurnl!iurj{a 'l"amed
couple'( 'G$ltois") oind Tuscany Construction LLC ("Grainee"), b3se4.oponth¢ fOllowing:
,,: .,: .: :: ;. . ,".' ~.::"
B.
i RECITALS "'.,,, .. ,,,,, .. :,-i' i
./ ./ ./ , •••• "' .. , .. " .{. ,:f" ,/ /"
. rn4,Surnliimi'and Anita Burnham are the owner's of that certiilil rCal piuperty
I 'tated in'Kiing CQ.unti; Washington, and legally described as tax pa;,;el # 042305-
128, A,4 40¢NE 24th Street Renton, WA 98059 ("Grantor's Property"). Exhibit .,'
,/ /"" ...•..
i
uscany to.Jttuitio,/I,;LC i,§.\he ~j.ner of that certain real property located in King
ounty, W~hington;' '!'rid i~'legillly}.'de,;Crj)led as tax parcels 0423059325 and 344890-
O. Exhibit uB",/ ";' .. ;: .; '",:~, .. ''' .:,,;; :,~
.~. ·._n·
easement.rtfJ5@8V'ti3!10 17~h.900(};
~:, ,,:"' .. , ....
r.-""" ~ ",f""'\. • '''.''). .
i" •
----------------------------------
ii" /t." ... EXHIBITB
.' LJ~r~~ti9n -Grantee' •
. ,' . \ ,."keeL ,(0,\ .,
,', i L01 X, !'iONIiY C1jEEt<:.El\ST, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 261 OF
... ,,, ..... ,.. PI,ATSiPAGES 3.21liROUGH'as, IN KI~G"GQUmY, WASHINGTON.
P~<;;~L B,;--:~" ,", ",.,r ,. '., /"/... }~/
BEGINNING 102.0 FEI;T NORTH oF THE sOt.JTH.EA5T,coRNER OF THE SOUTHEAST 1/4 OF THE
NORTHIjASC1/4 OF.5Eq10N:4.!-TOWNS!:tIP ~ NO~fTH, RANGE 5 EAST W.M.;
THENCENqRTIj BB019'f1" VoiES'f; PARA~tWITH Jtj~spUTH UNE OF SAID SOUTHEAST 1/4, A
DISTANCE OF 305 FEEt TO}HE .... TRU~.!,olNT Of' IlEqtNNING;
THENCE, CONTIN.UING NoRiH,8BOI9'21{WEST>~s F$;
THENCE NORTH Ol,~~'~9' EAST, PARALlEL wm't T1:fEEAsr UNE OF SAID SOUTHEAST 1/4, A
DISTANCE OF 196 F$, MORE O'1;'LESSi'TO M .NOR:iH UNE OF SAID SOUTHEAST 1/4;
THENCE SOUTH BBOI9'21" EAST ~S FEI;T;"THENcE SOOTH 01°56'19" WEST 196 FEET, MORE OR LESS,
TO THE TRUE POINT OF B"$N~IN ,".... """
. ~ X ,:" ! ';:.'.~ "".(: ,"." ;.
344890-0440 & 0423059325 ( .. :.,,/,,' .,;:i ... ,,0"'"
'(ii'
Burnham easement.rtfl5@8Yli~!/0174 ;h\lOOI
.;. /. .'
:: .. , •• "".,/'
---------
Burnham
EXHIBIT A
Legal Description -Brad and Anita Burnham
TAX PARCEL # 042305·9128
,... .. '''', .. ;. ".
.~. ',.". -:;.
-.:".",-
':"';"'::
.,J
stArlJ OF WASHINGTON
.,' COUNTY OF KING
ss:
... ./.i I ~ttify that I know or have satisfactory evidence that Brad Burnham is the person
....... ~ho' app<ared before me, and said person acknowledged that he is the owner of the above
.i;,,~hti~~dpropi:rty and he signed the instrument and acknowledged it to be his free and
i' v¢luntiuy act fpr tlJ,,,,,.e:; and purposes mentioned in the instrument.
".".",,,., :: .: /.. ""'. QA:mO~AUgl!St ..•.. f i< 20 iii . . ' .'." .. ',.... "
'<"C'-I--,,---;:,,+-+--"--,-+_+-i"/
Use th~:s
,.,e
.~ . . "".,
Burnham easement.rtfl5@8Y03!10'7~1s.0000;
"". /".. .'
-----------------,
:: " ',' Cg"
OF WASHINGTON )
) ss:
)
,," i',,' " ..
", ',,," /' "';"rtirYthat I know or have satisfactory evidence that Anita Burnham is the person
\ i\v~~ a ,d ~fore me, and said person acknowledged that she is the owner of the above
"\" ,/' n)entiO ed:property.1I!ld"she signed the instrument and acknowledged it to be her free and
,,,,,,,,, ,volUJi iilct,fophe uses"and pllrJ)OSOS,mentioned in the instrument.
:" ",' ",.
'.'A!:6: 1d~t ~ .,t;iio),p:/
, ' ,."" .. """'\ . " '; .~\ '''',,'., ,,' .~. ~~r.'S~SPII~~_~~~",~,~" ~~, ~sea~,~l'~":~·:"'/ i"·./ ,t""" , I< ';.. ,,:; .i:
'~ry~' .:" .;-'" ";;: ":;::./
-",-,' j' ,i ",~..,.m i Pr;nt!'iiune:
Man:lh 30, 201D::' ,r , "'NOTARY PUBLIC in andlor the State of
Burnh
"".
".
, Wasbini!\o,," residing at ~Iv
My Appeintment expi!"'s:, ,,'3/!.O /1 <J
\"/
easement"rtflS@8YI13!fO 17~Is,oooo;
""\" .. ".// :;' :::
:: .:"
""1,'.'"
i ¢, Brad Burnham and Anita Burnham desire to provide the Grantee's with the following
non~xclusive easement for Stonn Sewer and utility access.
':,."
"':.,p ......
AGREEMENT
.," .•.. " ....
j' IN CONSIDERATION of the mutual promises and covenants contained herein and
"i'ollier sOl><! and :i;aluable consideration, the receipt and sufficiency of which are hereby
i a¢kn'1wle4ged/th~"UI'ld~rsigned covenant, stipulate and agree as follows:
'''':"
,c" ,,' Ii ,.·Grant or Jti..emebt to Grantee'., Brad Burnham and Anita Burnham grants
'\~9 cotiVey~' t9 Gr~te* a p¢rpebial.,p,gn-exclusive "Stonn Sewer and Utility Easement" over. on, under andacr~ss tIiat JiOl1lon ofiGran,!Of~'P!'OPerty,
"\, .;: l
:i:'.:. E~.";'entto ~em'd'c('iearj'.,'N4;¥ty may place, store, construct, erect or
install upon II¥' Easem~nt ariytbjilii!itat imj><;deii,Jh# free use across the Easement.
3,~~~e;:;;biliiy. rhe in~ali~~ b~'any court or any reservation, covenant,
restriction, limitation ol,.iigrC!iinentherc;tn ~ntajfled shrul in no wa~,.affect any of the other
pmvisions hereof and th~·same shi!ll r.mojo in,ful\.foTCe'and effeci,"'"
4. RUDS With'":he L~Dd,t' -qiis A~m~nt::~n~,titu~i::a',!~~venant running with
the land affecting Grantor's Propc,;ty, Ilhd shaJi be.bind",gu""h'iUld inure to the benefit of
the respective owners, and their succeS~~;'~ as#igns. ",\;:.
5,i"~ttoroev" Fees. If any ~l!rin1g'~legal~nx:£edi~g to eJ'lrce or';61hln a
declaration of ii~r:ights under this Agreement, i llcluding'Ill(Y ar:bitratifuroractiim totnfotce
any lien jbr maintiiiJance costs, the prevailing pOhil)g'ih s.uch l~galpro<:ceding ~half'be/
entitled/a ~:<er i~ reasonable costs and attorneys' f~ frc}in!1>e noIlprevaUingp",,\y,
. .~. :::/' "":'.\ ! \,.~ .. ,f
DA TiiD t\lis -f-",<!A",' Yuo",f..!;A"u",g",u.,st",4t",. ",20",1",6
;:-
#~i,; .... '/'"
.. ' '. '
" .'
.. "
.~. '"".
Burnham easement.rtfl5@8Y03 !/017~f5,600d;
"::" "":' ;:
"',.~".'
\, ..... ,;:.
------,
111~1~!IIIIIIIIII~lm~lf
20160812000290
BURNHR" BRAD EAS 78 II PACE .... 1 OF He .
eO/12/Z'le 11:14
ICING COUNTY, LlA '''I" .• ".. . ...
./ .,,/ ''''':,i:
.: ,/ .~ , StDnn.$ewer and utility Easement Agreement
", .~.
REF!! ~CE Nl!MBER(Sj OJ';' ' .... /./'" ..... ,/ RELA l:D DOcUMENTS, .," ,
Addit~nal refere?Ce n~be~ o'qpage{s)::::-of:~opUment.
':"" .0'.: / ,~. {,' ':,':
GRAN OR: ,:",,, .. ,'' .,. .:' ).::B~'&.r:!d Anita Burnham. a married couple
.: .. ~.} ,:'
. r
:' I. TuscultY Construction LLC ./ .i' :,:' ,,, •.. "':, ....
ABBRE
OESCR
ASSES R'S TAX PARCEL NO(S). ':;" 042305-9128 '\'
:··1
i stQ,~ SEWER AND UTILI1;~,,~~~.¢~'NJ~~~E~~~T i")
IS ACCESS EASEMENT AGREEMENt (th¢' "Ailreeinent"j'i'ii'made ~d .litered
into this' 9t1{bay ot'November 2015, by and between Bfadiand Al)ita'ijurn!iilIll,{a IJiamed
coupl~"(' rlinto~") 'ind Tuscany Construction LLC ("Graifiee"), ~.iipo~'th~ folJilwing:
,\' ." ,'. " ';, ': .,: : .
. f RECITALS '\, .. """.,:;-.. i·
/./ "
A;' 6 d~umj{:U,(;;;;~~ta Burnham are the owner's of that ce~ ri~1 p;;,perty
.,\,. I' . "ted i".J<;ing c.o,unty~ Washington, and legally described as tax p~1 # 042305-
'\ 9 28, AKA 40qo N,E 24th Street Renton, W A 98059 ("Grantor's Property"). Exhibit
B.
"
T any ton~troftio<i:4tC i~.!he ~)vner of that certain real property located in King
C unty, Washington;' ahd i,'iegallydesCrjbed as tax parcels 0423059325 and 344890-
O. Exhibil,::~:.:,/" /",j ,:" i ?
ement.rtfl5@8YQ31/0l74js.(jOoOI
',,':,. ../
EXHIBIT "A"
STORM DRAINAGE EASEMENT
NE CT
LOT X. HONEY CREEK EAST
VOL 281. PAGES 32-35
LOT 6
.. / ~
""""'''/
..
,i
.J
INDIVIDUAL FORM OF ACKNOWUDGMENT
Iss
I
satisfactory evidence :P:t -,_-\-~.l.!<.!c.l.. :togn ~hoct
this instrument and
voluntary act for the uses and
In the
::':'.,
.. :, ....
:~~£:~:'~~fence or rockef)'. The grantee shall indemnify, defend and hold Grantor hannless from and
all claims, costs and damages, including reasonable attorney's fees. arising in connection
use of the easement rights granted herein.
I run with the land described herein, and shall be binding upon the parties, their heirs,
and assigns, Grantors covenant that they are the lawful owners of the above
they have a good and lawful right to execute this agreement.
Wlj"';(lI';sa!l/ G,,",to' and Grantee has caused this Instrument to be executed thJs~ 't"" ~v
STORM DRAINAGE EASEMENT
:' For:~ c0!1{ide~tipil;~f$5·.~.OO. the PJlyme,r)t orall taxes, fees, realtor/attorney costs, plus the restoration
an,d impfoverile;6ts Iiste~ below, the Prantor1; Jan Short and Joan Short, (hereinafter "Grantor"), the owner
cifthat:.CeruUn p'arceJ(s}'i:if lari~ d.Ptribed aifolJows:
;: .(\<'
;1 """" i ~bT:'S, Blbcd, SIE.RRA, HEIGHi$, AC;CORDlIiG I.O THE PlAT THEREOF RECORDED IN
··'.VO~0M~:540F PtATS,~AGE 3Ai~c6RDSp{ ';';il~OUNTY, WASHINGTON,
Hereby granls~~ :~nvi;:la:th. L~::T~~:s.L,;on. LLC, a Washington corpontl;on Hmhed
liability compan)i'(hete'inafte'r "Gclnree"); cum::nf O?i¥tl~t,.ofthat certain parcel(s) of land described as follows: . . . /,,,<:,. "
LOT X, HONEY CF¢:~K ~.AsT. ~~COR.pIN~/ro ~ftE p.~t,T~EREOF. RE<f.~.DED IN VOlUME 261 OF
PLATS, PAGES 32 T~Il,OUGH.,a5. 1r~:'KINC1 COVNI"'. WASHI~GTON'.f .i:,1
A STORM DRAINAGE easement fur.t~~ pu~~s;:~nnstallfug;:USin~ 1II!i~~~~g, repamng or repladng
(with the same) a 8" stonn drainage pipe wi:{h n~C:e~ ~purte~,~es lor ~'e sole purposes of
conveyance of domestic stonn water generate,~ ~Y ~ de~elopmenfon ,~id 9rant~:\~,property. This stonn
dramage e~ment is described as follows: ;',::, ' " ' ,/ , ~. -~. I' T~E WEST 10 FEET OF LOT S, BLOCK 1, SIER~ HEIGHTS; AtcoabINGto,l'Ht.PlAf'THE~RO{
,:,"RECORDEO::'!,N VOLUME 54 OF PLATS, PAGE 3;"RE~g.a6S Q;F KI~G C,.OUffr.t",Yt.AsHI,~GT9N. lor
the construction and 'installation of the storm drain on the West,Five teet 9f Lot 5, as measured from the
west ~~ope~fb~und~, {'\"/':: ' ""--,,,,~: ',' .
The;,.(}ranteib shall be ~sponsible fOT the installation, maintenance andJor ~pai~'ofthe starin kin',~ipe and
nec~ssary;'~ppw:*'enan~, The Grantee shall be responsible for the materili'l;s, and in,stal!~tioti of ~:6' high
~ wghd fe~ an~;two (2) gates(s) design of fence, gate (5) and Compmiy-hit¥ for.::~u,.lJa~ion shall be
@provt;:Cl by Qrantor: ,/-"""',
<~rant~~:~~s to,i~'~;;. rePlac~::~d or repair fencing on the North, East and Wes~';~idt~',Of~~perty,
GlJUltor to apprq~e,~on~to~1 desfgn and fence type. Grantee shall pay for all costs of ~~thials and
insmJ.lation. J/' " "
sele~'~~'-;i~t~ng ~hru~betY..':~d ~e-S.'~;thin ~:e)o' easement area shall be removed and replaced with
shrubbery/plants Qfthe'.Qri'ntorJ,:cliOosing.~.,The '~est, north and east side shrubberylplant beds will be
finished with a top':,~oat of3" qfqedar,G'ro~~ C~~st" Disposal of chain link fencing, remo,:,ed
shrubbery, and constr.uction dfbf,is sh~n be the. r¢spgnsihUity of Grantee_ The excavation, installation, or
repair of stonn dmin ~haJl.n6t interfere with eXisting septic sy5tem or dmin fields of Grantors property.
No construction can commence :~Je~G't'a,ntor i~:'~ a#~nd~~~':~'~rin~ all construction phases except where
Grantor has agreed in writing noUo be pre~t. ,:" '
Grantee has responsibility for re;~'~"shal1"i':c~~e ~'~ Te$l~ratii~ d;th~'~W1d, surface to original or better
condition if it is disturbed. The grantor shall ~ot co~,m.rct aryy s~ctures within this easement, but may
, ,. ",.-"'"
p~
,. ,', .. "", ..•..
::
;/ .. ' f
Tusca y cons~ruction;{lC /
Attn: ob Werttk,.·i ..
PO bo 6127
Believe, WA 98008 ;:
G TOR: Jan Short and Joan
G TEEi'l'\lScany Construction, LLC
'.' ".:;.
':,.
"""'.",,..-""'"
LEG L DESCRlI'TION: Pon'on SE 1/4, NE 1/4, "';'0;';: T"1~ 23N, R~';~";';;:;;c'
. :,'.:.., (Additional legal description':i,s on~'Paic 2) , .... --' .. ~;
,: ·:;:t ' " .'
TAX ctotkr f-IOS: 3448900440, 7788400025 "' ... , /
.J./. 'B'~AX:NOT REQum~·; .:\ ...... " ..... ::.
:·:·' .... ~"~.2.Kin&,·.>~7~ L~~;.-:···
.i;
'''''., ".,_,..... "Ii:: .-" .f;
.;, .....
~e(of; .'
.'
\ ....• ,./
. " ....... ~~~~,f':~
• '\,. , ..• or
, ..
~ . !; ~ -\"
,
•
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below.
INDIVIDUAL FDRM OF ACKNOWLEDGMENT
Notary Seal must be within box STATE OF WASHINGTON ISS
COUNTY OF KING I
I certify that I know or have satisfactory evidence that
signed this instrument and
acknowledged it to be his/her/their free and voluntary act for the uses and purposes
mentioned in the instrument
Notary Public in and for the State of Washington
Notary (Print)
My appointment expires:
Dated:
REPRESENTATIVE FORM OF ACKNOWLEDGMENT
Notary Seal must be within box STATE OF WASHINGTON ISS
COUNTY OF KING I
I certify that I know or have satisfactory evidence that
signed this instrument, on oath
stated that he/she/they was/were authorized to execute the instrument and
acknowledged it as the and
of to be the free and voluntary act of such
party/parties for the uses and purposes mentioned in the instrument.
Notary Public in and for the State of Washington
Notary (Print)
My appointment expires:
Dated:
CORPORATE FORM OF ACKNOWLEDGMENT
Notary Seal must be within box STATE OF WASHINGTON ISS
COUNTY OF KING I
On this day of .19-----, before me personally appeared
to me known to
be of the corporation that
executed the within instrument, and acknowledge the said instrument to be the free
and voluntary act and deed of said corporation, for the uses and purposes therein
mentioned, and each on oath stated that he/she was authorized to execute said
instrument and that the seal affixed is the corporate seal of said corporation.
Notary Public in and for the State of Washington
Notary (Print)
My appointment expires:
Dated:
Page 4 of 4
Ir
Page 3 of 4
Exhibit A
Legal Description
Project: UNION AVENUE LOT LINE
ADJUSTMENT
WO#
PID: lUA16-00002S
GRANTOR: TUSCANY CONSTRUCTION, llC
Street: UNION AVENUE NE
THE EAST 1S.50 FEET OF LOT X, HONEY CREEK EAST, ACCORDING TO THE PLAT THEREOF, RECORDED IN
VOLUME 261 OF PLATS, PAGES 32 THROUGH 3S, IN KING COUNTY, WASHINGTON.
BEING A PORTION OF THE SE~, NE~, SECTION 4, TWP. 23 N., RGE 5 E., W.M.
CONTAINING 465 SQUARE FEET OR 0.01 ACRES, MORE OR LESS.
06/24j,
Page 2 of 4
.
.
Return Address:
City Clerk's Office
City of Renton
1055 South Grady '(Yay
Renton, WA 98057
DEED OF DEDIC TION Property Tax Parcel Number: 3448900440
Project File #: LUA16 000025 Street Intersection: Union Ave NE & NE 24tn Ct
Reference Number(s) 0 Documents assigned or released: Additional reference numbers are on page __ .
Grantor(s): Grantee(s):
1. Tuscany Const uction, LLC 1. City of Renton, a Municipal Corporation
LEGAL DESeRI PTIO : (Full/ega/ description attached as Exhibit A on page L )
LOT X, HONEY CRE K EAST, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 261 OF PLATS, PAGES
32 THROUGH 35, I KING COUNTY, WASHINGTON.
BEING A PORTION F THE SE X, NE X SECTION 4, TWP. 23 N, RGE 5 E, W.M.
The Grantor, for and i r consideration of mutual benefits conveys, quit claims, dedicates and donates to the Grantee(s) as
named above, the ab ve described real estate situated in the County of King, State of Washington.
IN WITNESS WHER OF, I have hereunto set my hand and seal the day and year as written below.
Approved and Acc pted Bv:
Grantor(s): Grantee(s): City of Renton
Mayor
City Clerk
INDIVIDUAL FORM OF STATE OF WASHINGTON ) SS
ACKNOWLEDGMENT COUNTY OF KING )
I certify that I know or have satisfactory evidence that
Notary Seal must b within box signed this instrument and
acknowledged it to be his/her/their free and voluntary act for the uses and
purposes mentioned in the instrument.
Notary Public in and for the State of Washington
Notary (Print)
My appointment expires:
Dated:
!~~:: == :'~ ......
• .
Page 1 of 4
I. : :~ ,
Co
( , ,