HomeMy WebLinkAboutRC 20071212001160 RETURN ADDRESS: •
W.H. Hughes,Jr.Company Inc. j I
do Wilford H.Hughes,Jr. -,
14401 Issaquah-Hobart Rd. SE,Suite 130
Issaquah,WA 9802711111111111
20071212001160
CITY OF RENTON AG 96.00
PAGE001 OF 017
12/12/2007 13:17
KING COUNTY, UA
WASHINGTON STATE RECORDER'S Cover Sheet(RCW 65.04)
DOCUMENT TITLE(S)(or transactions contained therein):
Maintenance Agreement and Declaration of Covenants for the Amanda Court Short Nat
REFERENCE NUMBER(S)OF DOCUMENTS ASSIGNED OR RELEASED:
GRANTOR(S)(Last name first,then first name and initials)
W.H. Hughes,Jr.Company Inc.
GRANTEE(S)(Last name first,then first name and initials)
Public
LEGAL DESCRIPTION(abbreviated: i.e.,lot,block,plat or section,township,range)
Portion of Tract 11,Black Loam Five Acre Tracts,Section 15,T23N,R5E,W.M.
Additional legal description is on Page 2 of document
ASSESSOR'S PROPERTY TAX PARCEL/ACCOUNT NUMBER
Grantor:0847100075
Grantee: Tax parcel numbers for individual lots to be assigned.
Amanda Court Maintenance Agreement
and Declaration of Covenants Page 1 of 17
MAINTENANCE AGREEMENT AND DECLARATION OF COVENANTS
FOR THE AMANDA COURT SHORT PLAT
THIS MAINTENANCE AGREEMENT AND DECLARATION OF COVENANTS,
CONDITIONS,RESTRICTIONS,EASEMENTS AND RESERVATIONS FOR THE AMANDA
COURT SHORT PLAT(the"Declaration")is made by W.H.HUGHES JR.COMPANY INC.
("Declarant")as of this b day ofer,2007.
poJeYiRECITALS
Declarant is the owner of certain real property(the"Property")located in the City of
Renton,King County,Washington,described as:
The South Half of Tract 11,Black Loam Five Acre Tracts, according to the
plat thereof recorded in Volume 12 of Plats, page 101, records of King
County, Washington; Except the West 200 feet of the South 125 feet
thereof.
Declarant wishes to subject the Property to this Declaration.
NOW,THEREFORE,Declarant declares that the Property subject to all restrictions and
easements of the Plat,shall be held,transferred,sold,conveyed,leased,used and occupied subject
to the covenants,conditions,restrictions,easements,and reservations hereinafter set forth which are
for the purpose of protecting the value and desirability of and which shall touch and concern and run
with title to the Property and which shall be binding on all parties having any right,title,or interest
in the Property or any portion thereof,and their respective heirs,successors and assigns,and shall
inure to the benefit of each owner thereof.
Amanda Court Maintenance Agreement
and Declaration of Covenants Page 2 of 17
. [
ARTICLE 1
DEFINITIONS
1.1 Words Defined. The following words,when used in this Declaration or in any
subsequent amendments hereto(unless the context shall prohibit),shall have the following
meanings:
1.1.1 "Building"shall mean any Structure used or intended for supporting or
sheltering any use or occupancy.
1.1.2 "Construction"and"Constructed"shall mean any construction,
reconstruction,erection or alteration of a Structure or Improvement,except wholly interior
alterations to a then existing Building.
1.1.3 "City"shall mean the City of Renton.
1.1.4 "Declarant"shall mean W.H.Hughes,Jr.Company,Inc.or such successor
or assign as Declarant may designate in writing and recorded in the records of the Auditor of King
County.
1.1.5 "Declaration"shall mean this Maintenance Agreement and Declaration of
Covenants for the Amanda Court Short Plat,as it may from time to time be amended.
1.1.6 "Improvement"shall mean any Building,fence,wall,driveway,paved
walkway,patio,garage,storage shed,carport,mailbox,basketball hoop,play equipment,climbing
apparatus,swimming pool,rockery,dog run or the like.
1.1.7 "Lot"shall mean lots 1 through 4, inclusive,of the Property,whether or
not Improvements are Constructed thereon.
1.1.8 "Occupant"shall mean any Person occupying all or any portion of a Lot
for any period of time,regardless of whether such Person is a tenant or the Owner of such Lot.
1.1.9 "Owner"shall mean the record owner,whether one or more Persons,of fee
simple title to a Lot,including a contract purchaser entitled to beneficial possession.
1.1.10 "Person"shall mean an individual,corporation,partnership,association,
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trustee,or other legal entity.
1.1.11 "Plat"shall mean the recorded Amanda Court Short Plat,and any
amendments,corrections or addenda thereto subsequently recorded.
Amanda Court Maintenance Agreement
and Declaration of Covenants Page 3 of 17
•
1.1.12 "Property"shall mean the land described on page 2 above and such additions
thereto as may hereafter be subjected to the terms of the Declaration,and all Improvements and
Structures now or hereafter placed on the land.
1.1.13 "Structure"shall mean that which is built or Constructed.
1.2 Form of Words. The singular form of words shall include the plural and the plural
shall include the singular. Masculine,feminine,and neuter pronouns shall be used interchangeably.
ARTICLE 2
TRACTS AND EASEMENTS
2.1 Private Joint Access and Utility Tract(Tract A). Declarant hereby reserves for
and grants Tract A as a Private Joint Use Access for ingress,egress,and utilities for the benefit of
the Owners of Lots 1,2,3,and 4. Ownership of Lots 1,2,3,and 4 includes an equal and undivided
ownership interest in Tract A,and an equal and undivided responsibility to maintain Tract A as
further set forth in Article 5 herein. Use of Tract A is limited to ingress,egress,and utilities,and
shall not be used for parking or storage. Tract A includes private storm drainage as one of the
utilities served therein.
2.2 Private Storm Drainage Easement and Bioswale Easement. Declarant hereby
reserves for and grants a Private Storm Drainage Easement to the Owners of Lots 2,3,and 4. Said
Private Storm Drainage Easement is located as shown on the Plat over and upon a portion of the
east 20 feet(the Bioswale)and south 10 feet of Lot 4. The responsibility to maintain the Bioswale
and the entire Private Storm Drainage System shall be shared equally by Lots 1,2,3,and 4 as
further set forth in Article 5 herein. To the extent necessary,the easement includes additional
flowage area below the Bioswale on Lot 4.
2.3 Native Growth Protection Easement. Declarant hereby restricts the use of the
land marked Native Growth Protection Easement on portions of Lot 1 through 4,inclusive as shown
on the Plat. A non-exclusive Native Growth Protection Easement(NGPE)is hereby granted to
the City,its successors or assigns. Said easement area is depicted on the Nat. The Native
Growth Protection Easement shall be left permanently undisturbed in a substantially native state.
No clearing,grading,filling,building construction,or placement,or road construction of any
kind shall occur within said easement e t area;except the activities set forth in Renton Municipal
Code are allowed,when approved by the City. Some activities which may be permitted are: (1)
Underground utility crossings and drainage discharge swales which utilize the shortest alignment
possible and for which no alignment that would avoid such a crossing is feasible;(2)Fences,
when the critical area and its buffer are not detrimentally affected;(3)Removal of hazardous
trees by the property owner;and(4)Other uses and development activity as allowed by said
Amanda Court Maintenance Agreement
and Declaration of Covenants Page 4 of 17
code. The right to use and possess the easement area is retained,provided that the use does not
interfere with,obstruct or endanger the purpose of said easement.
The City,its successors and assigns,shall have the right of ingress and egress to and from
this easement and across the adjacent property in this subdivision for the purpose of monitoring
and enforcing proper operation and maintenance of the Native Growth Protection
Area/Easement.
The Lot Owner(s)shall be responsible for operating,maintaining,repairing and restoring
the condition of the NGPE and the split-rail fence that separate the NGPE from the remainder of
the Lots if any unauthorized disturbance occurs.
2.4 Emergency Vehicle Access Easement. Tract A is subject to an emergency vehicle
access easement in favor of the City.
ARTICLE 3
CONSTRUCTION ON LOTS AND USE OF LOTS.
3.1 Uniformity of Use and Appearance. One of the purposes of this Declaration is to
assure within the Property a uniformity of use and quality of workmanship,materials,design,
maintenance and location of Improvements. It is in the best interests of each Owner that such
uniformity of use be maintained as hereinafter provided. Notwithstanding anything herein set forth,
the Construction of any Improvements shall comply with the more restrictive of either:(i)the terms
and conditions of this Declaration or(ii)the laws,codes,ordinances and regulations of any
governmental entity having jurisdiction.
3.2 Architectural Control Committee. No Construction,alteration,addition,
refurbishing,or erection of any Structure of any nature whatsoever shall be commenced or
placed upon any part of the Property,except that which is installed by the Declarant,or is
approved in accordance with this Section,or as is otherwise expressly permitted herein. Any
such Construction,alteration,addition,refurbishing,or erection shall not be made unless and
until plans and specifications showing the nature,kind,shape, size and height,architectural
design and detail,materials,workmanship,colors, location on site,Improvement and site grade
elevations,and site landscaping shaft have been submitted in writing to and approved by the
Architectural Control Committee(the"ACC")established pursuant to this Section 3.2.
However,the pre-existing house on Lot 1,if any, shall be exempt from approval until such
time that an exterior alteration is made and the review and approval shall reasonably consider
the pre-existing structure as approved.
3.2.1 The ACC shall consist of not less than one(1)nor more than three(3)
Owners. So long as the Declarant owns any Lots for development and/or sale,the Declarant
Amanda Court Maintenance Agreement
and Declaration of Covenants Page 5 of 17
•
shall have the right to appoint or remove any or all members of the ACC. Upon the expiration or
earlier surrender in writing of such right,the Owners of a majority of the Lots within the Property
shall have the authority to remove from office any member or members of the Committee with or
without cause and designate a successor or successors. The Declarant has named Wilford H.
Hughes,Jr.,whose address is 14401 Issaquah-Hobart Rd SE,#130,Issaquah,WA 98027 as the
sole member of the ACC.
3.2.2 Members of the ACC shall not be entitled to compensation for services
performed pursuant to this Section 3.2.
3.2.3 No Improvement shall be Constructed upon a Lot nor shall any exterior
addition to or change or alteration therein be made until the plans and specifications shall have
been submitted to and approved by the ACC as follows prior to the issuance of building permits
or Construction. At least 30 days before commencing Construction of any Improvement on any
Lot,the Owner shall submit to the ACC two complete sets of detailed building plans,including a
site plan showing the location of all proposed Improvements(the"Plans"). The ACC may withhold
its approval of the Plans by reason of its reasonable dissatisfaction with the location of the Structure
on the Lot,color scheme,finish,architecture,height,impact on view from another Lot or Lots,
appropriateness of the proposed Improvements or materials used therein. The ACC's approval or
disapproval of the Plans shall be made within 30 days of submission of a complete set of Plans,
shall be in writing,and approval shall be evidenced by written endorsement on such Plans,one copy
of which shall be delivered to the owner of the Lot upon which the Improvement is to be
Constructed. If the ACC does not approve or disapprove the Plans within 30 days of submission,
the Plans shall be deemed approved.
3.2.4 PLANS AND SPECIFICATIONS ARE NOT APPROVED FOR
ENGINEERING OR STRUCTURAL DESIGN OR QUALITY OF MATERIALS,AND BY
APPROVING SUCH PLANS AND SPECIFICATIONS NEITHER THE ACC NOR THE
MEMBERS THEREOF ASSUME LIABILITY OR RESPONSIBILITY THEREFOR,NOR
FOR ANY DEFECT IN ANY STRUCTURE CONSTRUCTED FROM SUCH PLANS AND
SPECIFICATIONS. NEITHER DECLARANT,THE ACC,NOR THE OFFICERS,
DIRECTORS,MEMBERS,EMPLOYEES,AND/OR AGENTS OF ANY OF THEM SHALL
BE LIABLE IN DAMAGES TO ANYONE SUBMITTING PLANS AND SPECIFICATIONS
TO ANY OF THEM FOR APPROVAL, OR TO ANY OWNER OF PROPERTY AFFECTED
BY THESE RESTRICTIONS BY REASON OF MISTAKE IN JUDGMENT,NEGLIGENCE,
OR NONFEASANCE ARISING OUT OF OR IN CONNECTION WITH THE APPROVAL
OR DISAPPROVAL OR FAILURE TO APPROVE OR DISAPPROVE ANY SUCH PLANS
OR SPECIFICATIONS.EVERY PERSON WHO SUBMITS PLANS OR SPECIFICATIONS
AND EVERY OWNER AGREES THAT SUCH PERSON OR OWNER WILL NOT BRING
ANY ACTION OR SUIT AGAINST DECLARANT,THE ACC,NOR THE OFFICERS,
DIRECTORS,MEMBERS,EMPLOYEES,AND/OR AGENTS OF ANY OF THEM TO
Amanda Court Maintenance Agreement
and Declaration of Covenants Page 6 of 17
RECOVER ANY DAMAGES AND HEREBY RELEASES,REMISES,QUITCLAIMS,AND
COVENANTS NOT TO SUE FOR ALL CLAIMS,DEMANDS,AND CAUSES OF ACTION
ARISING OUT OF OR IN CONNECTION WITH ANY JUDGMENT,NEGLIGENCE,OR
NONFEASANCE AND HEREBY WAIVES THE PROVISIONS OF ANY LAW WHICH
PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS,
DEMANDS,AND CAUSES OF ACTION NOT KNOWN AT THE TIME THE RELEASE IS
GIVEN.
ARTICLE 4
USE RESTRICTIONS AND RULES
4.1 General/Rules and Regulations. This Article,beginning at Section 4.2,sets out
certain use restrictions which must be complied with by all Owners and Occupants. These use
restrictions may only be amended in the manner provided in Section 8.3 hereof regarding
amendment of this Declaration.
4.2 Residential Use. Except as provided in this Section,all Lots shall be used for
single-family residential purposes exclusively with the exception that certain home occupations
may be permitted. The single-family residential use includes"home occupation"uses as defined
and authorized by the Maple Valley Municipal Code as it may from time to time be amended.
Use of the Lots shall in all cases be in compliance with all applicable laws,ordinances,rules and
regulations.
4.3 Building and Landscaping Requirements and Restrictions. All residences
Constructed on the Property shall be subject to design review and approval by the ACC which
may cover the minimum size,architectural style,height,scope of Improvements,quality of
design,materials,workmanship,and siting standards. Without restricting or limiting the
authority of the ACC pursuant to Section 3.2 in approving or disapproving of any specific
proposal,the following restrictions shall apply to the Property in general:
4.3.1 Only one single family home shall be permitted on each Lot. Two story
or split level homes shall include no less than 1,300 gross square feet of living space,exclusive
of one-story open porches and garages. One story homes shall include no less than 1,000 gross
square feet of living space,exclusive of one-story open porches and garages.
4.3.2 After Declarant has completed Construction of all houses in the Property,
any remodeling or exterior addition to any residence or other Structure erected or placed on any
Lot shall be completed as to external appearance,including finished painting,within six(6)
months after the date of commencement of Construction. All front,side and rear yard
landscaping must be completed within six(6)months from the date of closing of the purchase of
the residence by the Owner from the Declarant. In the event that strict enforcement of this
Amanda Court Maintenance Agreement
and Declaration of Covenants Page 7 of 17
provision would cause undue hardship due to weather conditions,this provision may be extended
for a reasonable length of time when approved by the ACC.
4.3.3 All homes within the Property shall contain a garage;carports shall not be
permitted. Unless otherwise approved by the ACC,all garages must be attached to,or
incorporated in and made a part of the residence Constructed upon a Lot. In granting waivers to
this requirement,the ACC will consider functional necessity and architectural desirability.
4.3.4 All driveways and parking areas shall be paved with material approved by
the
ACC:
4.3.5 No fence,fencing-type barrier,or hedge of any kind in excess of six(6)
feet high or extending into the front yard of any residence shall be erected,allowed or
maintained upon any Lot,without the prior written consent of the ACC. All fences shall be
Constructed of wood material unless approved by the ACC. Any such fence,barrier,row of
trees,or hedge shall be strictly in compliance with Design Guidelines, if any,established by the
ACC,which standards may provide for limited acceptable styles and/or specifications.
4.3.6 Each home Constructed on a Lot shall be built of new materials except,
with approval of the ACC,decorative items such as used brick,weathered planking,and similar
items.All visible masonry shall be native stone,brick or stucco. Types and colors of exterior
paint and stain must be submitted to the committee for approval. Any change to the exterior
color of any Improvement located on a Lot,including,without limitation,the dwelling,must be
approved by the ACC.
4.3.7 All roofs on dwellings and garages shall be of composite,tile or cedar
shake and shall have a minimum pitch of four/twelve.
4.4 Signs. No sign of any kind shall be displayed to the public view on any Lot or
Improvement with the exception of one professionally made sign of not more than six square feet
advertising the property for sale. This restriction shall not prohibit the temporary placement of
political signs on any Lot by the owner,or placement of a professionally made sign by the
developer,which must comply with the local sign ordinances. This restriction shall not appY I to
signs used by the developer,builders,realtors,or agents during the original Construction and
sales of residences.
4.5 Vehicles. The term"vehicles"as used herein shall include,without limitation,
automobiles,vans,campers,trucks,buses,motor homes,mobile homes, boats,jet skis,trailers,
portable aircraft,motorcycles,snowmobiles,mini-bikes,scooters,go-carts,dune buggies and
any other towed or self propelled transportation type vehicle. The term"passenger vehicles"as
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Amanda Court Maintenance Agreement
and Declaration of Covenants Page 8 of 17
used herein shall include passenger automobiles,vans,small trucks,motorcycles,and similar
type vehicles used regularly and primarily as transportation for the Occupants of the Lot.
Vehicles used for commercial and recreational purposes are not considered passenger vehicles.
"Parking areas"shall refer to the number of garage parking spaces and driveway areas in front of
garages. However,driveway areas shall be considered"parking areas"for passenger vehicles
only.
4.5.1 No vehicles other than passenger vehicles in regular use may be parked on
any Lot or portion of the Property,except in parking areas on Lots,or in a screened area on a
Lot,if such screened area is approved by the ACC. Any vehicle regularly parked in an
unapproved area or for longer than twenty-four(24)consecutive hours shall be considered a
nuisance and may be removed from the Property.
4.5.2 No passenger vehicles may be parked on any Lot or portion of the
Property except in"parking areas"as defined in this Section.
4.5.3 Any passenger vehicle which is inoperable or unlicensed and not capable
of use on the public highways and which is parked on any parking area for a period of more than
forty-eight(48)hours shall be treated the same as a non-passenger vehicle and shall be
considered a nuisance and may be removed from the Property.
4.5.4 Off-street parking for at least three(3)passenger vehicles shall be
provided on each Lot. Covered enclosed parking shall be provided for one(1)or more passenger
vehicles,plus a driveway for at least two(2)additional passenger vehicles,unless approved by
the ACC.
4.6 Leasing. Lots may be leased for residential purposes. All leases shall have a
minimum term of at least three(3)months. All leases shall require,without limitation,that the
tenant acknowledge receipt of a copy of this Declaration.
4.7 Occupants Bound. All provisions of this Declaration shall also apply to all
Owners and Occupants.
4.8 Animals. No animals,livestock or poultry of any kind shall be raised,bred or
kept in the Property;provided,however,that conventional household pets may be kept on a
Lot subject to the following g restrictions:Pets shall not be kept,bred or maintained for any
commercial purposes. Owners shall be responsible for the immediate clean up and removal of
all fecal matter deposited by pets on any property other than the Lot of the Owner of the pet.
Pets shall be confined in the Owner's Lot unless on a leash and accompanied by a responsible
person. No domestic pet may be kept if it is a source of annoyance or a nuisance. Pets shall be
attended at all times and shall be registered,licensed and inoculated from time to time as
Amanda Court Maintenance Agreement
and Declaration of Covenants Page 9 of 17
required by law.
4.9 Mining Prohibited. No portion of the Property shall be used for the purpose of
boring,mining,quarrying,or exploring for or removing oil or other hydrocarbons,minerals,
gravel,or earth.
4.10 Nuisance. Each Owner and Occupant shall prevent the development of any
unclean,unhealthy,unsightly,or unkempt condition on his or her Lot. No Lot shall be used,in
whole or in part, for the storage of any property or thing that will cause such Lot to appear to
be in an unclean or untidy condition,nor shall any substance,thing,or material be kept that will
emit foul or obnoxious odors or that will cause any noise or other condition that will or might
disturb the peace,quiet,safety,comfort,or serenity of the Occupants of surrounding property.
No illegal,illicit,noxious or offensive activity shall be carried on within the Property,nor shall
anything be done tending to cause embarrassment,discomfort,annoyance,or nuisance to any
Person using any of the Property. Without limiting the generality of the foregoing, no speaker,
horn,whistle, siren, bell, amplifier or other sound device,except such devices as may be used
exclusively for security purposes,shall be located, installed or maintained upon the exterior of
any Lot unless required by law or unless specifically approved by the ACC.
4.11 Unsightly or Unkempt Conditions. The pursuit of hobbies or other activities,
including specifically,without limiting the generality of the foregoing,the assembly of and
disassembly of motor vehicles and other mechanical devices,which might tend to cause
disorderly,unsightly,or unkempt conditions,shall not be undertaken outside of homes or
garages. Garage doors shall be kept closed at all times unless they are in use. In addition,the
storage of equipment,machinery,construction supplies or any similar material on a Lot outside
of the home and garage Constructed thereon is strictly prohibited except as required during the
remodeling or refurbishing of Improvements on such Lot and then for not more than sixty(60)
days.
4.12 Antennas. No television or radio antenna,tower, satellite dish,or exterior
antenna of any kind shall be placed,allowed,or maintained upon any Lot or any portion of the
Community unless screened from view from the street without the prior written consent of the
ACC. Each Owner and Occupant acknowledges that this provision benefits all Owners and
Occupants and each Owner and Occupant agrees to comply with this provision despite the fact
that the erection of an outdoor antenna or similar device would be the most cost-effective way to
transmit or receive the signals sought to be transmitted or received.
4.13 No Obstruction of Easements. Catch basins and drainage areas are for the
purpose of natural flow of water only. No obstructions or debris shall be placed in these areas.
No Owner or Occupant may obstruct or re-channel the drainage flows after location and
installation of drainage swales,storm sewers or storm drains. Declarant hereby reserves for the
Amanda Court Maintenance Agreement
and Declaration of Covenants Page 10 of 17
benefit of Declarant and the Lot Owners and their respective successors and assigns a perpetual
easement across all Common Areas and Lots for the purpose of maintaining or altering drainage
and water flow. No Structure,planting,or other material shall be placed or permitted to remain
upon any easement which may damage or interfere with the installation and maintenance of any
utilities,unless approved by the ACC prior to installation.
4.14 Sight Distance at Intersections. All property located at street intersections shall
be landscaped so as to permit safe sight across the street corners.No fence,wall,hedge or
shrub planting shall be placed or permitted to remain where it would create a traffic or sight
problem as determined by the ACC in its sole discretion.
4.15 Garbage Cans,Woodpiles,Etc. All garbage cans,woodpiles, air-
conditioning compressors,machinery,equipment and other similar items related to the operation
of the residence shall be located or screened so as to be concealed from view from the street
abutting the Lot on which such items are located. All rubbish,trash,and garbage shall be
regularly removed and shall not be allowed to accumulate. Trash, garbage,debris,or other waste
matter of any kind may not be burned within tlun the Property.
4.16 Subdivision of Lot. No Lot shall be subdivided or its boundary lines changed
except with the prior written approval of the Architectural Review Committee. Declarant,
however,hereby expressly reserves the right to re-plat any Lot or Lots owned by Declarant. Any
such division,boundary line change,or re-platting shall not be in violation of the applicable
subdivision and zoning regulations.
4.17 Guns. The discharge of a firearm within the Property is prohibited. The term
"firearms"includes without limitation BB guns,pellet guns,and firearms of all types.
4.18 Utilities. Except as may be permitted by the ACC,no overhead utility lines,
including lines for cable television,shall be permitted within the Property,except for temporary
lines as required during Construction and except as such lines exist upon recording of the Plat or
as required by utilities serving the Property.
4.19 Lighting. No colored lights(except holiday displays and yellow insect type
lights)shall be permitted at any location within the Community.All exterior fixtures that are
attached to the home shall be of compatible design and materials of the home.Any post mounted
exterior fixtures shall be of compatible design and materials as the fixtures attached to the home.
No fixtures which illuminate and excessively glare onto any other Lot shall be permitted,and all
exterior lights shall be screened d to minimize impacts of light and glare.No unshielded
spot/floodlight fixtures are permitted.
. Amanda Court Maintenance Agreement
and Declaration of Covenants Page 11 of 17
4.20 Artificial Vegetation,Exterior Sculpture, and Similar Items. No artificial
vegetation, exterior sculpture, fountains, and similar items shall be permitted in the front
yard of any Lot unless approved by the ACC.
4.21 Mailboxes. Mailboxes shall be attached only to stands provided within the
Private Sidewalk Easement over and upon the southwest corner area of Lot 20.
4.22 Clotheslines. No exterior clotheslines of any type shall be permitted upon any
Lot unless entirely screened from view from other Lots.
4.23 Exterior Security Devices. No exterior security devices,including,without
limitation,window bars,shall be permitted on any residence or Lot. Signs placed on the Lot or
the exterior of the residence stating that such residence is protected by a security system are
permissible.
4.24 Construction and Sale Period. So long as Declarant owns any Lot in the
Property for development and/or sale,the restrictions set forth in this Article 4 shall not be
applied or interpreted so as to prevent,hinder or interfere with development,Construction and
sales activities of Declarant or any builder or developer approved by Declarant.
4.25 Significant Trees. Four or more native trees have been planted to mitigate for
lost trees as marked on the plat or as otherwise identified on the site. These trees are to be
preserved for environmental, esthetic,and other purposes. No activities are allowed in the
vicinity of these trees that could damage or harm the trees,such as storage of material,disposal
of drainage,or filling or grading. Tree removal,or site work or landscaping resulting in the loss
of a tree,may be subject to fines and tree replacement requirements by order of the City.
ARTICLE 5
MAINTENANCE COMMITTEE
5.1 Maintenance Agreement for Common Property. The following constitute the
common property that shall be maintained by the Maintenance Committee along with the general
requirements for that maintenance:
5.1.1 Private Storm Drainage System and Bioswale. A private storm drainage
pipe runs along the south portion of the Private Road Tract A and Lot 4. The private storm
drainage pipe includes catch basins designed to collect storm water from the Private Road and
the Lots. The private storm drainage pipe releases the storm water into the bioswale on Lot 4.
The bioswale is an important part of the Private Storm Drainage System as it provides water
quality treatment prior to release into the buffer of the on-site wetland. The Maintenance
Committee shall properly maintain the Private Storm Drainage System including the bioswale as
Amanda Court Maintenance Agreement
and Declaration of Covenants Page 12 of 17
required under City of Renton requirements. The maintenance may include:annual inspection,
cleaning and clearing the catch basins of obstructions such as leaves,clearing and flushing the
pipe if obstructions occur,maintaining the gradient of the bioswale,keeping the bioswale clear
of debris and obstructions,maintenance of the plants and grass in the biswale to ensure proper
water quality treatment and flowage,and any other best management practices.
5.1.2 Tract A Private Road and Utilities. The private road and utilities shall be
reasonably maintained to keep it free and
clear of debris and obstructions,and shall be repaired
when needed to eliminate potholes or other problems. The private road will eventually need to
be resurfaced as part of standard maintenance.
5.2 Membership. Each Owner of all or a portion of the fee interest in a Lot(including
Declarant)shall be a member of the Maintenance Committee. Each member shall be entitled to one
(1)vote for each Lot wholly owned by said member,and the vote may be cast by a legal
representative of the Owner. If a Lot is owned by more than one Person,all of the Owners of said
Lot shall together be entitled to one vote. If a Lot is owned by more than one Person and only one
of them is present or represented at a meeting,the one who is present or represented will represent
the Owner. The vote for a Lot must be cast as a single vote,and fractional votes shall not be
allowed. If joint Owners are unable to agree among themselves how their vote shall be cast,they
shall lose their right to vote on the matter in question. A quorum is present throughout any meeting
of the Maintenance Committee if the Owners to which fifty percent(50%)of the votes of the
Maintenance Committee are allocated are present in person or by written proxy at the beginning of
the meeting.
5.3 Responsibilities. The Maintenance Committee shall be responsible for
maintenance and repair of all common property on behalf of the Lot Owners. The Maintenance
Committee shall act by majority vote of those present in person or by written proxy at a meeting.
The Maintenance Committee may work out a fair cooperative arrangement between the Owners
to share the labor and cost of any materials. The Maintenance Committee also has authority to
order that the work be contracted. Before authorizing that the work be contracted,the budgeted
cost of the maintenance or repair shall be provided to each Owner in a meeting notice pursuant to
Section 5.6 prior to a final vote by the Committee. The actual cost of the work shall be shared
equally between the Lot Owners. The Lot Owners shall pay their respective share of the
contracted work within 30 days of notice and request for payment. After becoming 60 days past
due,a legal action in small claims court or other proper court may be brought by one or more of
the other Lot Owners to recover the amount due plus costs and reasonable attorney fees,if any.
5.4 Equal Sharing,Damage,and Indemnification. All costs incurred for
maintenance or damages shall be shared equally by the Lot Owners. However,if damage to a
common property arises from the actions or negligence of a particular Lot Owner or their guests,
agents or invitees,it shall be the sole responsibility and cost of said Lot Owner to repair the damage,
age,
Amanda Court Maintenance Agreement
and Declaration of Covenants Page 13 of 17
s•
in timely manner,upon written request of the Maintenance Committee or another Lot Owner. All
Lot Owners are equally responsible to ensure proper maintenance and functioning of the Private
Storm Drainage System and Bioswale,and if any malfunction occurs causing damage to property,
then the Lot Owners shall be equally responsible for remedying the damages. In particular,the
Owners of Lots 2,3,and 4 shall indemnify and hold the owner of Lot 4 harmless from damage of
any kind caused by a malfunction of the Private Storm Drainage System or flooding thereof.
5.5 Recurring Costs. The Maintenance Committee shall also be responsible for the
ensuring that any recurring costs related to the common property are paid by a Lot Owner and
then shared equally between all Lot Owners. The actual costs shall be shared equally between
the Lot Owners. The Lot Owners shall pay their respective share of the contracted work within
30 days of notice and request for payment. After becoming 60 days past due,a legal action may
be brought by one or more of the other Lot Owners to recover the amount due plus costs and
reasonable attorney fees,if any.
5.6 Meetings and Notices. The Maintenance Committee shall meet at least once a
year,and notice of any official meeting(including time,place and agenda)shall be mailed to the
mailing address of each Lot Owner or to any other mailing address designated in writing by the
Lot Owner. The notice shall be mailed not less than fourteen days nor more than sixty days in
advance of any meeting. The Maintenance Committee shall not have the authority to record a
lien against a Lot for unpaid charges,except that the Maintenance Committee shall have the
authority to record and enforce a judgment lien after a court proceeding.
ARTICLE 6
FAILURE TO INSIST ON STRICT PERFORMANCE NO WAIVER
The failure of the ACC or the Lot Owners in any instance to insist upon the strict
compliance with this Declaration or to exercise any right contained in such documents,or to serve
any notice or to institute any action,shall not be construed as a waiver or a relinquishment for the
future of any term,covenant,condition,or restriction. The receipt by the Maintenance Committee
of payment from an Owner,with knowledge of any breach by the Owner,shall not be a waiver of
the breach. No waiver by the ACC.of any requirement shall be effective unless expressed in
writing and signed for the ACC.
ARTICLE 7
DURATION
The covenants,conditions,and restrictions of this Declaration shall run with and bind the
Property and shall inure to the benefit of and be enforceable by the Owners,their respective legal
representatives,heirs,successors,and assigns,an initial term expiring December 31,2022,and
thereafter by automatic extension for successive periods of 10 years each unless an instrument
Amanda Court Maintenance Agreement
and Declaration of Covenants Page 14 of 17
•
•
signed by two-thirds of the then Owners has been recorded prior to the end of each period agreeing
to terminate the covenants,conditions and restrictions.
ARTICLE 8
AMENDMENTS
8.1 Amendment by Declarant. Declarant reserves the right to amend this
Declaration as may be necessary to comply with Federal Home Loan Mortgage Association
("FHLMC"),Federal National Mortgage Association("FNMA"),Federal Housing
Administration("FHA"),or Veterans Administration("VA")regulations or requirements as
necessary to enable the holders of first mortgages or deeds of trust to sell first mortgages or
deeds of trust to FHLMC or FNMA or if such amendment is necessary to secure funds or
financing provided by,through or in conjunction with FHLMC,FNMA, FHA or VA.
8.2 Authorization to Amend Declaration. If Declarant,at its option,determines
that it is necessary to amend this Declaration,then Declarant,on behalf of all Lot Owners in the
Association,is hereby authorized to execute and to have recorded(or filed, in the case of the
Articles)said required amendment or amendments. All Lot Owners hereby grant to Declarant a
full and complete power of attorney to take any and all actions necessary to effectuate and record
said amendment or amendments which shall be binding upon their respective Lots and upon
them and their heirs,personal representatives,successors and assigns to the same extent as if
they had personally executed said amendment or amendments. All Lot Owners hereby
acknowledge and agree that the power of attorney granted herein shall be deemed coupled with
an interest and shall be irrevocable. Section 5.1 shall not be amended without prior written
authorization of the City of Renton.
8.3 Amendment by Lot Owners. The Lot Owners may amend this Declaration by an
instrument executed by two-thirds of the Lot Owners.
ARTICLE 9
SEVERABILITY
The provisions of this Declaration shall be independent and severable,and the
unenforceability of any one provision shall not affect the enforceability of any other provision,if the
remainder affects the common plan.
Amanda Court Maintenance Agreement
and Declaration of Covenants Page 15 of 17
ARTICLE 10
EFFECTIVE DATE
This Declaration shall be effective upon recording.
DECLARANT:
W.H.Hughes,Jr. Company Inc.
/
By Wilford r ughes,Jr.
Its ,i de f t
Amanda Court Maintenance Agreement
and Declaration of Covenants Page 16 of 17
. .
STATE OF WASHINGTON )
ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that WILFORD H.HUGHES,is the person
who appeared before me,and said person acknowledged that he signed this instrument,on oath
stated that he was authorized to execute the instrument and acknowledged it as the Regional
Manager of W.H.HUGHES,JR. COMPANY INC.,a Washington corporation to be the free and
voluntary act of the limited liability company for the uses and purposes mentioned in the
instrument. ,,q
aQTYLba
GIVEN UNDER MY HAND AND OFFICIAL SEAL this g, day of-October-2007.
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AO! R i� Print Name: �,{i1 S
• ��'was'si''•�t9'��i NOTARY PUBLIC in anor the State of
,F420R Washington residing in �,
My appointment expires: M 201201D
1. 2010
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Amanda Court Maintenance Agreement
and Declaration of Covenants Page 17 of 17