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HomeMy WebLinkAboutRC 20010404000198 20010404000198 CITY OF RENTON DPC Recording Requested By and PAGE 001 OF FO009 16.00 When Recorded Mail To: KING COUNTY, WA City Clerk's Office City of Renton 1055 S. Grady Way Renton, WA 98055 Document Title(s) (or transactions contained therein): 1. Declaration of Covenants, Conditions and Restrictions of Union Park czr) Subdivision 0 cz o Reference Number(s) of Documents assigned or released: N/A . (additional reference #'s on page of document(s)) Grantor(s) (Last name first,then first name and initials) Heritage Homes, Inc. cJ Grantee(s) (Last name first, then first name and initials) Union Park Home Owners Association Legal Description (abbreviated: i.e. lot, block,plat or section,township, range) Ptn of NW 1/4, SW 1/4 Section 10, T 23 N, R 5 E. W.M. Additional legal is on page of document. Assessors's Property Tax ParceUAccount Number 102305-9309-05 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. Page 1 EXHIBIT A LEGAL DESCRIPTION Lots 1 through 6 of City of Renton Short Plat No. LUA 99-076, Union Park Short Plat as recorded under Recording No.,. of y9ao0a/ in King County, Washington. 0 CD r-- c) c=> cJ Page 2 • DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF UNION PARK SUBDIVISION THIS DECLARATION,made this Z7th day of )7/0012001,, 2001,by Heritage Homes, Inc., hereinafter referred to as"Declarant": WITNESSETH: WHEREAS,Declarant is the Owner of certain property in the County of King, State of Washington, which is more particularly described as fully set forth in Exhibit "A"hereto which is incorporated in full by reference as if fully set out. NOW,THEREFORE,Declarant hereby declares that the Properties described above shall be held, sold and conveyed subject to the following easements, reservations, charges, liens, covenants and conditions, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of the real property. These easements, reservations, charges, liens, covenants and conditions shall run with the real property and be binding on all parties having or acquiring any right, title in the described properties or any part thereof and shall inure to the benefit of each owner thereof. The Union Park Homeowners Association shall be perpetual in nature and shall affect the real property that is the subject to the Declaration of Covenants, Conditions and Restrictions of Union Park Homeowners Association. c, ARTICLE I DEFINITIONS N Section 1. "Association" shall mean and refer to the Union Park Owner's Association. Section 2. "Owner" shall mean and refer to the record holder of fee simple title to a Lot, whether one or more persons of entities, including contract sellers, but excluding those having an interest merely as security for the performance of an obligation. Section 3. "Lot" shall mean and refer to one of the numbered parcels on the recorded plat map of the Subject Property. 1 Section 4. "Properties" shall mean and refer to that certain real property herein described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 5. "Declarant" shall mean the undersigned and its successors and assigns, except that the term"successors and assigns", as used herein, does not include purchasers of interests in individual lots from the undersigned. Section 6. "Declaration"shall mean this Declaration of Covenants, Conditions and Restrictions. Section 7. "Improvement"shall mean and include any residential building, outbuilding, garage, fence,wall,hedge,mass planting, hole, sign and any structure of any kind. Section 8. "Domestic Animals" shall mean domestic dogs, cats, and such other household animals, fish,reptiles and birds as are permitted to be sold in retail pet stores by the Washington Department of Agriculture. Section 9. "Committee"shall mean and refer to the Architectural Control Committee as defined in Article III hereof. Section 10. "Purpose of Restrictions"means that the purpose of these cn restrictions is to assure proper development and use of Subject Property; to protect the Owner of each Lot against such improper development and use of neighboring Lots as C=7 will depreciate the value of any Lot; to prevent the erection on Subject Property of a structure built of improper designs of materials; to encourage the proper maintenance upkeep to Subject Property and, in general, to provide for a high type and quality of © improvement of Subject Property in accordance with the approved map of the Subject Property. r-- c� rJ ARTICLE II REGULATIONS OF IMPROVEMENTS AND USE Section 1. Offensive Activities. No noxious or offensive activity shall be carried on within the Subject Property, nor shall anything be done or placed thereon which may be or become a nuisance, or cause unreasonable embarrassment, disturbance or annoyance to the other Owners in the enjoyment of their property. Without limiting any of the foregoing, no Owner shall permit noise including,but not limited to, the barking of dogs and excessive playing of music systems to emanate from Owner's Lot which would unreasonably disturb another Owner's quiet enjoyment of a Lot. 2 1 Section 2. Parking. Automobiles that are not in an operating condition shall not be parked or left on any street or any part of Subject Property other than in a garage. The streets and private driveways within the plat shall not be used for overnight parking of any recreational vehicles. Section 3. Improvements. No improvements, except as constructed by Declarant or their agent,pursuant to its initial development of Subject Property, shall be erected,placed or altered upon any Lot or portion thereof until the construction plans and specifications and a plot plan along with a landscape plan showing the finished grades and potential view considerations showing the location of the structure and drainage plans have been approved as provided in Article III by the Committee as to the quality of workmanship and materials,harmony of exterior design with existing structures, effect on drainage and as to location. Section 4. Repair. All improvements upon Subject Property shall at all times be maintained in good condition and repair. Any collection or accumulation of trash, garbage, rubbish, collected junk or weeds shall be immediately removed and all lots shall be kept in an orderly, sanitary condition at all times. Section 5. Maintenance. (a) The Association shall have the responsibility to maintain the plat drainage facilities and emergency access roads unless those improvements are deeded or sold to a government agency that assumes the maintenance responsibility. (b) The Association shall be charged with the responsibility of funding and maintaining the storm drainage system that serves the real property that is the subject matter of these Covenants, Conditions and Restrictions. The Association shall ensure that there is adequate funding available to maintain the storm drainage system. The funding shall be allocated among the respective property owners on a pro rata basis subject to the decisions of the Architectural Control Committee regarding the amount of funding necessary to adequately maintain the storm drainage system. (c) The Association shall have the responsibility to operate and maintain the two street lights on N.E. 8`h Street and Vashon Place N.E. hereby identified as the Controlling street lights, unless the street lights are deeded or sold to a government agency that assumes the maintenance responsibility. 3 Section 6. Temporary Buildings. No structure of a temporary character, tent, shack, shed, storage building, garage,barn or any other outbuilding, shall be used on any Lot or portion thereof at any time as a residence, either temporarily or permanently. Section 7. Boat, Trucks,Trailers, and Motorhomes. No boats,trailers or recreation vehicles shall be stored or kept on any Lot for a period of more than 24 hours, unless said boat, trailer or recreation vehicle is enclosed or screened in such a manner that it not visible from any street or any other Lot in the plat. In case a Property Owner is being visited by out of town guests and the storage of an R.V. is temporary and at no time shall exceed a two week period and occurring not more than one time annually within any calendar year it shall be permitted to have not more than one of the above mentioned R.V.'s at any single lot not exceeding of the time frame mentioned above. This Covenant specification restricts street parking of boats, trailers or other R.V. vehicles. Section 8. Animals. No animal, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except that cats, dogs,birds or other household pets(that are primarily indoor pets may be kept if they are not kept,bred or maintained for any commercial purpose, and that they shall not be kept in numbered or under conditions reasonably objectionable in a closely built-up rn residential community. Section 9. Completion of Construction. After commencement of construction of any Improvements which shall be approved in advance of construction by the Architectural Control Committee,the Owner shall diligently pursue the work thereon, to the end that the Improvement shall not remain in a partly finished condition any longer than is reasonably necessary for completion thereof. c:z) Improvements that are buildings shall be properly painted or stained immediately, `ham, according to the approved specifications as soon as the construction is completed. All materials for the construction project shall be on hand or readily available prior to the start of construction. Section 10. Signs and Billboards. Except for temporary signs as specified below, no sign or billboard of any character shall be erected, displayed, or placed, on the Subject Property except modest residential signs giving the names and/or address of the occupant or Owner. Temporary signs including any flag or pennant in connection with the original subdivision and sale of the Subject Property may be maintained only during the period of construction and original sale of homes. Nothing herein shall prohibit an Owner from maintaining on his property one: "For Sale" or"For Rent", or For Lease" sign not exceeding 18 by 24 inches. Temporary signs for weekend garage or yard sales shall be permitted if removed immediately after the sale and if not incurring on consecutive weekends. 4 Section 11. Fence Requirements. Fences shall be well constructed of suitable fencing materials and shall be artistic in design and shall not detract from the appearance of the dwelling home located on the adjusted lots or building sites or be offensive to the owners or occupants thereof. No fence shall exceed six feet in height above finished grade for side and rear yard and four feet in height for front yards. No fence,wall or hedge shall be erected or grown that will inhibit or obstruct the view from another lot without the written approval form the Architectural Control Committee. No fence, wall or hedge shall be erected, placed or altered on any lot nearer to any street than the building set-back line, or front house corner in the event that the house set-back exceeds actual set-back line. Nothing shall prevent the erection of a necessary retaining wall, the top of which does not extend more than two feet above the finished grade at the back of said wall. All fences,walls or hedges shall to meet the standards set by the Architectural Control Committee and must be approved by the Committee prior to start of construction. Section 12. Landscaping. All front yards shall be landscaped with lawn,bark and shrubs. In addition, all Owners shall be mutually responsible to maintain and care for the entry way and entry drive in perpetuity including any lawn, shrubs, Q.' trees, flowers,planter strips,barked areas, irrigation system, and entry signs. Any water and power costs necessary for the maintenance of the entry way shall also be mutually shared by all property Owners. Front yard landscaping shall be completed and in place by the Declarant before occupancy be the Owner. C:3 completion of building construction. Side and rear yard landscaping shall be completed and in place, as per approved plans by the Architectural Control Committee within six (6)months of completion of building construction. The `z) Board may grant an additional three(3)month extension for good cause shown. cv Section 13. Enforcement. (a) Any Owner of property within the plat shall have the right to enforce the Covenants contained in this Declaration through an action at law or in equity. The Architectural Control Committee shall have the right to bring such action in its name. The prevailing party in any action brought to enforce the Covenants contained in the Declaration shall have the right to collect reasonable attorney's, court costs and other expenses of litigation, in addition to any damages which may be awarded. (b) The City of Renton shall have the authority to enforce the provisions of Article II, Section 5. 5 • Section 14. Severability. Invalidation of any one of these Covenants or Restrictions by judgments or court order shall in no way affect any other provisions that shall remain in full force and effect. Section 15. Amendment. The Covenants and Restrictions of this Declaration shall run with and bind the land and shall inure to the benefit of and be enforceable by the Owner of any Lot subject to this Declaration including the Declarant, their legal representatives,heirs, successors and assigns, for a term of thirty years from the date this Declaration is recorded, after which time said Covenants shall be automatically extended for successive periods of ten years, unless an instrument terminating these Covenants which is signed by no less than the Owner's owning 90%during the first thirty years and 75% for any period thereafter of the property subject to the Declaration and any supplemental Declaration shall have been filed with the King County Auditor. The Covenants and Restriction of this Declaration may be amended by an instrument signed by no less than the Owner's owning 90%during the first thirty years and 75% for any period thereafter of the Property subject to the Declaration and any supplemental Declaration. Amendments shall take effect when they have been recorded with the Auditor of the County of King. However, in no event shall the provisions of Article II, Section 5 be terminated. ARTICLE III Q ARCHITECTURAL CONTROL COMMITTEE Section 1. Approval Required. No improvements shall be Ncommenced, erected or maintained upon the Subject Property nor shall any exterior addition to or change of color or shape or other alteration therein be made until the plans and specifications showing the nature, kind, shape, color,height, materials and location of the same have been submitted to and approved in writing as to harmony of external design and location in relation to the entire Subject Property by the Architectural Committee. Approval or disapproval shall be by a majority of the Committee. If the Committee fails to approve or disapprove such proposed design and location within 15 days after such plans and specifications have been submitted to it, approval will not be required and the requirements of the Article will be deemed to have been satisfied. Section 2. Composition of Committee. The Committee shall have three members. The members of the Committee shall be David Parry, Gene Burns and Von Karl Inman(or any other persons appointed by the Declarant to replace them) until the first anniversary of the recording of the subdivision of the Subject Property. Following the first anniversary, Declarant shall have the power to appoint two of the three members of the Committee until the earliest of: (1) the 6 • , fifth anniversary of this Declaration; or(2)the date when 90% of the Lots in Subject Property and the additional property have been sold. Thereafter, Committee members may be appointed by a simple plurality of Lot Owners. Section 3. No Liability. The members of the Architectural Control Committee shall have no personable liability or exposure for any action by or decision of Committee. By acceptance of a deed to any property within the plat, the Owner of the Property and covenants not to maintain any action against any member of the Architectural Committee which seeks to hold that member personally or individually liable for damages relating to or caused by any action of or decision of the Committee. IN WITNESS THEREOF,the undersigned,being the Declarant herein has hereunto set its hand and seal this Z 7 th day of yy),p/7, 2001. P1`. rn HERITAGE HOMES, INC. ,--464"4,740 , c� :0 : I tin% i 'V '' V ' % cp. t.%\o,= 2-' David Parry _ syq'',,,,,°?;,,',m _ President State of w iIgiQogj ' County of VAei. 0 I certify that I know or have satisfactory evidence that DA Vrc{ PG W!' And are the person(s)who appeared before me, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: 3. 27. O1 Ab l My appointment expires 1. 2. 05 7