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Home My WebLink AboutRC 20030710001323 Return Address: City Clerk's Office City of Renton 1055 S. Grady Way 20030710001323 Renton,Washington 98055 CHICAGO TITLE COV 24.00 07102003F11038 KING COUNTY, WA Please print or type information Document Title(s) (or transactions contained therein):(all areas applicable to your document must be filled in) 1. DECLARATION OF SPECIAL RESTRICTIVE COVENANT AND ASSUMPTION OF A DUTY OF ENFORCEMENT THEREOF Reference Number(s) of Related Documents: NICP,0 TITLE INSURANCE COMPANY ha§placed the document of of document and es a customer courtesy Additional reference#'s on page and accepts no liability for the abcuracy Or validity of �� —(I 5 Grantor(s) (Last name, first name, initials) 9curr,e"t 1. THE QUADRANT CORPORATION, a Washington corporation Additional names on page of document. Grantee(s) (Last name first,then first name and initials) 1. LIBERTY RIDGE HOMEOWNERS ASSOCIATION, a Washington non-profit corporation Additional names on page of document. Legal description (abbreviated: i.e. lot, block,plat or section,township,range) Lots 1 through 6 of Liberty Ridge Phase 1,Vol. 201 Plats, Pages 87 through 95 Additional legals are on page(s) of document. Assessor's Property Tax Parcel/Account Number ❑Assessor Tax#not yet assigned 4307300010; 4307300020; 4307300030; 4307300040; 4307300050 and 4307300060 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. DECLARATION—Page 1 D:\Documents and Settings\WhitesT\Local Settings\Temporary Internet Files\OLK96\Declaration of Restrictive Covenants.Final (6-27- 03).doc • 1 DECLARATION OF SPECIAL RESTRICTIVE COVENANT AND ASSUMPTION OF A DUTY OF ENFORCEMENT THEREOF This DECLARATION OF SPECIAL RESTRICTIVE COVENANT AND ASSUMPTION OF A DUTY OF ENFORCEMENT THEREOF (this "Declaration") is made this 2nd day of July, 2003 by THE QUADRANT CORPORATION, a Washington corporation ("Quadrant"), and the LIBERTY RIDGE HOMEOWNERS ASSOCIATION, a Washington non-profit corporation(the"Association"), with respect to the following facts. RECITALS A. Quadrant was the declarant and plattor of Liberty Ridge Phase 1 as filed for record with the King County Recorder in Volume 201 of Plats, Pages 87 through 95, under Auditor's File No. 20010907001815 (said plat being referred to herein as "Liberty Ridge Phase 1"). Liberty Ridge Phase 1 consists of Lots 1 through 120 and Tracts A, C, D, G, 0, Q, R, S, T, U and V thereof. B. The Association is the homeowners association not only for Liberty Ridge Phase 1 but also for: (1) Lots 1 through 138 and Tracts A through P of La Colina, as per plat recorded in Volume 193 of Plats, Pages 17 through 29, Records of King County, Washington, situate in the City of Renton, County of King, State of Washington("La Colina"); and (2) Lots 121 through 160 and Tracts E and F of the plat of Liberty Ridge Phase 2, as per plat recorded in Volume 207 of Plats, Pages 024 through 030, Records of King County, Washington, situate in the City of Renton, County of King, State of Washington ("Liberty Ridge Phase 2"); DECLARATION—Page 2 D:\Documents and Settings\WhitesT\Local Settings\Temporary Internet Files\OLK96\Declaration of Restrictive Covenants.Final (6-27- 03).doc (3) Lots 161 through 198 and Tract W of the plat of Liberty Ridge Phase 3, as per plat recorded in Volume 206 of Plats, Pages 37 through 46, Records of King County, Washington, situate in the City of Renton, County of King, State of Washington("Liberty Ridge Phase 3"); (4) Lots 199 through 231 and Tracts H,P and X of the plat of Liberty Ridge Phase 4, as per plat recorded in Volume 212 of Plats, Pages 14 through 22, Records of King County, Washington, situate in the City of Renton, County of King, State of Washington("Liberty Ridge Phase 4"); and. (5) Lots 232 through 309 and Tracts B, AA and BB of the plat of Liberty Ridge Phase 5, as per plat recorded in Volume 213 of Plats, Pages 5 through 14, Records of King County, Washington, situate in the City of Renton, County of King, State of Washington ("Liberty Ridge Phase 5”). Liberty Ridge Phase 1 and the properties listed above are herein referred to as the "Association- Related Properties". C. As part of the overall storm drainage system for the planned overall "Liberty Ridge"residential subdivision(a planned subdivision of Lots A,B,E,F and H of City of Renton Boundary Line Adjustment No. LUA-00-121-LLA as per plat recorded in the real property records of King County, Washington, under recording number 20001025900008), a stormwater infiltration pond has been constructed within Tract V of Liberty Ridge Phase 1. (Liberty Ridge Phase 1, Liberty Ridge Phase 2,Liberty Ridge Phase 3,Liberty Ridge Phase 4 and Liberty Ridge Phase 5 comprise a portion of that planned overall"Liberty Ridge"residential subdivision.) D. A layer of permeable soil material lies deep beneath some or all of: (1) Lots 1 through 6 and Tracts A, C and V of Liberty Ridge Phase 1; (2) Lots 232 through 235, 240 through 242, 259 through 268 of Liberty Ridge Phase 5; and (3) Portions of public street rights-of-way lying between the parcels identified in immediately preceding items(1)and(2),above.1 That layer extends to the south and intersects with the floor and part of the north slope of the above-mentioned storm water infiltration pond that is located in Tract V of Liberty Ridge Phase 1 The Association is the Owner of Tracts A,C and V of Liberty Ridge Phase 1. DECLARATION—Page 3 D:\Documents and Settings\WhitesT\Local Settings\Temporary Internet Files\OLK96\Declaration of Restrictive Covenants.Final (6-27- 03).doc • 1. Storm water from that pond is intended to drain throughout the permeable soil layer for purposes of infiltrating into underlying soils. (The permeable soil layer constitutes the "existing stormwater drainage system"referred to in the"Drainage Easement"that is conveyed and legally described in the deeds recorded under King County Recording Nos. 20000501001177 and 20020102001659.) E. In order to prevent disruption to the portion of this layer of permeable soil material lying beneath Lots 232 through 235, 240 through 242, and 259 through 268 of Liberty Ridge Phase 5, a prohibition on constructing below a specified elevation on those particular lots and a prohibition on construction of homes with basements on those particular lots was placed upon the Liberty Ridge Phase 5 final plat on Sheet 8 of 10 thereof before the recording of that final plat with the King County Recorder. F. Quadrant, which is still the owner of Lots 1 through 6 of Liberty Ridge Phase 1, in this Instrument wishes to impose similar prohibitions on those six lots to prevent disruption to the portion of the layer of permeable soil material lying beneath those six lots. The Association, which wishes to have Quadrant do so, is willing to assume a perpetual duty of enforcing the prohibitions set forth in this Instrument. WHEREFORE, with respect to these facts and for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Quadrant and the Association hereby do the following: 1. Declaration of Special Restrictive Covenant. Quadrant, as owner of Lots 1 through 6 of Liberty Ridge Phase 1, hereby declares and imposes the following special restrictive covenant on those six lots(the"Special Restrictive Covenant"): (a) Home construction (including without limitation construction of foundations)and any other construction on any portion of those six lots is hereby prohibited from extending deeper than elevation 240.2 feet per the City of Renton datum (such elevation being referred to herein as the "Minimum Construction Elevation"2) without the approval of the Association;and 2 The Minimum Construction Elevation is an elevation that is approximately 4.0 feet lower than the grade of the top of existing sanitary sewer manhole ERI-15 in NE 1st Street located in the north half of the pavement approximately 80 feet east of NE 1St Street's intersection with Ferndale Court NE in Liberty Ridge Phase 1. To put the Minimum Construction Elevation into context,note that(a)on the lowest of the two lots referred to in this section (i.e., Lots 1 and 2), the Declarant of this Plat, The Quadrant Corporation, plans to construct homes that have a first floor elevation of approximately 246.6 feet and(b)the Minimum Construction Elevation of 240.2 feet is 6.4 feet below elevation 246.6 feet. DECLARATION—Page 4 D:\Documents and Settings\WhitesT\Local Settings\Temporary Internet Files\OLK96\Declaration of Restrictive Covenants.Final (6-27- 03).doc • (b) Construction of basements on any portion of those six lots without the approval of the Liberty Ridge Homeowners Association is hereby prohibited. The Special Restrictive Covenant shall (a) run with the land, burdening Lots 1 through 6 of Liberty Ridge Phase 1 (the "Burdened Parcels") and benefiting the lands comprising Liberty Ridge Phase 1, Liberty Ridge Phase 2, Liberty Ridge Phase 3,Liberty Ridge Phase 4 and Liberty Ridge Phase 5 and Lot F of City of Renton Boundary Line Adjustment No. LUA-00-121-LLA as per plat recorded in the real property records of King County, Washington, under recording number 20001025900008 (collectively, the `Benefited Parcels"), (b) inure to the benefit of both the Association and the owners of the Benefited Parcels and their respective heirs, personal representatives, successors and assigns, and(c)be binding upon Quadrant and its successors and assigns. 2. Assumption of Duty to Enforce the Special Restrictive Covenant. The Association hereby (a) assumes a perpetual duty to enforce the Special Restrictive Covenant set forth in Section 1 of this Instrument and (b) covenants to Quadrant and the owners of the Benefited Property that it shall faithfully enforce that covenant. The obligations of this Section 2 shall (a) run with the land, benefiting all of the Benefited Property defined in Section 1, above, (b) inure to the benefit of both the owners of the Benefited Parcels and their respective heirs, personal representatives, successors and assigns, and (c) be binding upon the Association. THE QUAD' ' T CORPORATION By: • r, Peter M. Orser,Executive Vice President LIBERTY RIDGE HOMEOWNERS ASSOCIATION, a Washin. sn non-profit corporation 1tk, By Peter M. Orser,President DECLARATION—Page 5 D:\Documents and Settings\WhitesT\Local Settings\Temporary Internet Files\OLK96\Declaration of Restrictive Covenants.Final (6-27- 03).doc • • , STATE OF WASHINGTON) )ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that PETER M. ORSER is the person who appeared before me, and said person acknowledged that he was authorized to execute the instrument and acknowledged it as an Executive Vice President of THE QUADRANT CORPORATION to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED: July a ,2003 --SNEE. D ,_%%1,ro1 \SW eento_eonti e &twmp,7,1-- V:o NOTggy m:0 I, r 11ne E., ThaYehpov+ (Printed Name) • PUBLIC i Notary Public– ts -9 .7;29_06..•;;� ' Residing at King co. , ' cNASI„I� G _ My Appointment Expires: 1/2.41/0 6. • STATE OF WASHINGTON) )ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that PETER M. ORSER is the person who appeared before me, and said person acknowledged that he was authorized to execute the instrument andacknowledged it as the President of the LIBERTY RIDGE HOMEOWNERS ASSOCIATION, a Washington non-profit corporation, to be the free and voluntary act of such non-profit corporation for the uses and purposes mentioned in this instrument. DATED: July 2,, ,2003 #1 Cevit-timb e. Aeweripba- v :o NOTARY � � 0 Caroline �, . al/enpOthPrinted Name) i PUguC Notary Public– �q••• 7.29-oO•• Residing at l'�-1 Vl Co• . WA It ‘7)F ••4NA_.-. 9 tW My Appointment Expires: 1/2..41/04 DECLARATION—Page 6 D:\Documents and Settings\WhitesT\Local Settings\Temporary Internet Files\OLK96\Declaration of Restrictive Covenants.Final (6-27- 03).doc