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HomeMy WebLinkAboutRC 20060425001863 Return Address: 1 11 010 0 City Clerk's Office City of Renton 20060425001863 1055 S. Grady Way CITY OF RENTON COV 37.00 PAGE001 OF 006 Renton WA 98055 04/25/2006 14:30 KING COUNTY, WA Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04) Document Title(s)(or transactions contained therein):(all areas applicable to your document must be filled in) 1. Declaration of Covenants 2. 3. 4. Reference Number(s) of Documents assigned or released: 2004,04 y,00 ao 8' Additional reference#'s on page of document Grantor(s) (Last name,first name,initials) 1 American Classic Homes, LLC 2. • Additional names on page of document. Grantee(s) (Last name first,then first name and initials) 1. City of Renton 2. . Additional names on page of document. • Legal description(abbreviated: i.e.lot,block,plat or section,township,range) The west half of the SW Quarter of the NE Quarter of the SE Quarter of section 4 Township 23 north, range 5 east of the Willamette Meridian in King County, Washington.., Additional legal is on page 1 of document. Assessor's Property Tax Parcel/Account Number- 0 Assessor Tax#not yet assigned Of LS05 -903 i The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to. verify the accuracy or completeness of the indexing information provided herein. I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. • - Signature of Requesting Party • When recorded return to: City Clerk's Office City of Renton 1055 South Grady Way Renton WA 98055 DECLARATION OF STORM DRAINAGE AND MAINTENANCE This Declaration of Joint Access, Utilities and Maintenance (the"Declaration") is being made on the date hereinafter set forth, by AMERICAN CLASSIC HOMES, L.L.C., a Washington limited liability company ("Grantor") RECITALS: WHEREAS, Grantor is in the process of platting into eight (8) lots certain real property that it owns and legally described as follows: THE WEST HALF OF THE SW QUARTER OF THE NE QUARTER OF THE SE QUARTER OF SECTIN 4 TWNSHP 23 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. EXCEPT THE WEST 132 FT. OF THE NORTH 330 FT THEREOF AND EXCEPT THE NORTH 15 FT THEREOF FOR COUNTY ROAD. Short Plat Lots 1 through 8, inclusive, legally described on attached Exhibit A,are affected by this Declaration. WHEREAS, Grantor is constructing a Storm Drainage Tract(Tract B), graphically depicted, and legally described on Exhibit B attached hereto, to provide storm water drainage for Lots 1 through 8, inclusive. WHEREAS, this Declaration establishes mutual easements and maintenance obligations regarding the Storm Drainage Tract and the improvements within the Storm Drainage Tract. NOW THEREFORE, Grantor hereby declares as follows: 1. Maintenance and Repair. The owners of Lots 1 through 8, inclusive, shall share equally the costs of maintaining and repairing the following: the Storm Drainage Tract (Tract B), and the shared underground utilities, including the storm drainage and fencing or other landscaping. Any catch basin, if any shall be inspected and cleaned on a semi-annual basis and the costs associated wherewith shall be shared equally by Lots 1 through 8, inclusive. All costs related to storm runoff control shall be borne equally by the owners of Lots 1 through 8, inclusive. The Lot owners shall share equally the cost of all real estate or other taxes applicable to the Storm I 1 Drainage Tract. Provided, however,the cost of any repairs to he Storm Drainage Tract, or to other items that are to be mutually shared and maintained by the Lot owners as described herein, resulting from the negligence or intentional misconduct of any Lot owner, shall be paid by the Lot owner causing the damage except to the extent such cost is covered by insurance. Unless otherwise agreed in writing by the Lot owners, all maintenance and repair decisions shall be by written consent of at least seventy-five percent(75%) of the Lot owners. After receipt of such written consent, any Lot owner incurring such maintenance and/or repair costs, shall provide a written invoice to the other owners of Lots 1 through 8, inclusive stating each Lot owners pro- rata share of such costs, and each of the other Lot owners shall pay the invoice within thirty(30) of receipt thereof Any overdue amounts shall bear interest at the lesser of twelve percent(12%) or the highest nonusurious rate permitted by law, and the substantially prevailing Lot owner(s) in any action to recover those amounts shall be entitled to their reasonable attorneys fees and costs. 2. Reservation. Grantors and all future owners of all or any portion of Lots 1 through 8, inclusive, reserve all rights not expressly granted hereunder. 3. Indemnity. The owners of Lots 1 through 8, inclusive, and such owners' successors and assigns, (each an"Indemnitor"), agree to indemnify, defend and hold the other owners and such other owners' successors and assigns harmless, from and against any and all claims, liens, losses, liabilities and expenses, including attorneys fees and court costs, incurred by or asserted against such owners or their successors and assigns, as a result of any negligent or wrongful acts or maintenance or repair on the Storm Drainage Tract by the Indemnitor or its employees, agents, tenants, contractors, successors or assigns. This indemnity shall run with the land and shall inure to the benefit of the owners of all or any portions of Lots 1 through 8, inclusive. 4. Reasonable Use. The owners and their tenants, employees, agents, contractors, successors or assigns shall use the Storm Drainage Tract in a reasonable manner consistent with this Declaration and,to the extent reasonably possible, shall avoid disturbing the other owners, their agents, employees, tenants, contractors, successors or assigns. 5. Notices. Any notices required or permitted hereunder shall be in writing and shall be effective when delivered in person, the third day after being sent by registered or certified United States mail, return receipt requested, postage prepaid, or the first business day after being sent by overnight courier, addressed to the owner of Lots 1 through 8, inclusive, as the case may be, at the current mailing address listed in the records of the King County Assessor. 6. Covenants Running with the Land. The rights and restrictions contained herein shall be deemed appurtenant covenants running with the land and shall benefit and be binding upon the owners of Lots 1 through 8, inclusive, and their respective heirs, successors and assigns. 7. Costs and Attorney Fees. Should an owner of Lots 1 through 8, inclusive, initiate legal proceedings to adjudicate any issues arising hereunder or to enforce any term, the party 2 who substantially prevails shall be entitled to reimbursement of their reasonable attorneys fees, costs and expenses incurred in preparing to bring suit, during suit, on appeal and in enforcing any judgment or award. It is agreed that any action at law or equity shall be brought in King County, Washington. 8. Waiver/Modification. Any waiver of any breach shall not be considered a waiver of any future similar breach. There shall be no modification or amendment to this Declaration except in a writing signed by all of the owners of Lots 1 trough 8, inclusive. The foregoing Declaration and any rules and regulations adopted hereunder are in the best interest of the Short Plat. Any subsequent owners of Lots 1 through 8, inclusive, shall be bound by this Declaration and the terms and conditions set forth herein. Dated: 2bl4 , 2006. GRANTOR: AMERICAN CLASSIC HOMES, L.L.C. By: G1Q,� vx� �r Its: Manager State of Washington ) ) ss County of King ) n A On this day personally appeared before me Mf��/ e f �a Clf slr who on oath certified that he was the Manager of American Classic Homes, L.L.C. the limited liability company that executed the foregoing instrument. And further certified that it was done as the free and voluntary deed of said company and that he had the authority to do so. (lisxdo_x_ p t / �,Yl,�Impsio ,.+. Notary Public or ashington ,tao T,q� 4 �s� Residing at <<� (�- .c ps,O Commission Exp. 3 Pi(( -o / • 3 EXHIBIT A LEGAL DESCRIPTION OF LOTS 1 THROUGH 8 LOT 1: Sryee..s� Lot 1 of Sunset Crest Short Plat, as recorded in Vol. 020.3 of Sherd 1 s,-at pages©S7 to OS 3 filed under Recording No. records of King County, Washington. LOT2: 20060425?0000 Lot 2 of Sunset Crest Short Plat, as recorded in Vol. of Short Plats, at pages to filed under Recording No. records of King County, Washington. LOT 3: Lot 3 of Sunset Crest Short Plat, as recorded in Vol. of Short Plats, at pages to filed under Recording No. records of King County, Washington. LOT 4: Lot 4 of Sunset Crest Short Plat, as recorded in Vol. of Short Plats, at pages to filed under Recording No. records of King County, Washington. LOT 5: Lot 5 of Sunset Crest Short Plat, as recorded in Vol. of Short Plats, at pages to filed under Recording No. records of King County, Washington. LOT 6: Lot 6 of Sunset Crest Short Plat, as recorded in Vol. of Short Plats, at pages to filed under Recording No. records of King County, Washington. LOT 7: Lot 7 of Sunset Crest Short Plat, as recorded in Vol. of Short Plats, at pages to filed under Recording No. records of King County, Washington. � LOT 8: Lot 8 of Sunset Crest Short Plat, as recorded in Vol. of Short Plats, at pages to filed under Recording No. records of King County, Washington. • 4 "e EXHIBIT B STORM DRAINAGE TRACT DESCRIPTION TRACT B Sar�� Tract B of the Sunset Crest Short Plat, as recorded in Vol. of , at pages 057 to 653 , filed under Recording No. , records of King County, Washington. 20 0 60 4 2 5 90 o o $' • 5