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HomeMy WebLinkAboutRC 20021009002755 „ 4, ci WHEN RECORDED RETURN TO: 20021009002755 NAME: City Clerk, City of Renton CITY OF RENTON DPC 27.0 ADDRESS: 1055 S. Grad Wa PAGE 001 OF 009 Y Y 30/09/2002 15:24 CITY,STATE,ZIP Renton, WA 98055 KING COUNTY, WA R11414 WUNI T, -WR Q Chicago Title Insurance Company 701 5th Avenue - Suite1700 - Seattle, Washington 98104 L^ DOCUMENT TITLESs) cv 1. DECLARATION OF PROTECTIVE COVENANTS FOR SIENNA 2 3. CC? 4. CD REFERENCE NUMBER(s) OF DOCUMENTS ASSIGNED OR RELEASED: /V //� ❑ Additional numbers on page of document `/� (1) CD GRANTOR(s): 1. CO ttJ l)--&. oPICS COM P4f 2. 3. ❑additional names on page of document ): GRANTEE s 1. sieJNI-- CoMMuN1 Y 026frnol Z TIOn) 2. 3. ❑additional names on page of document LEGAL DESCRIPTION �Or 3 �i0i^S J Lot-Unit: 1 Block: s' / Volume: Page: Section: A1lr (y IJ ISTownshi 23 N / `I p� Range: rj Plat Name: Q1._Act( Lo4/1.4 Rti Atze 70-0c,13 ❑additional legal description is on page of document ASSESSOR'S PROPERTY TAX PARCEL ACCOUNT NUMBER(s): OS+f(Q - 0oZS 0042, 004S o050/ 005-4i cvoSS ❑additional legal description is on page of document The 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. • • WHEN RECORDED RETURN TO: City Clerk City of Renton 1055 S. Grady Way Renton, WA 98055 Declaration of Protective Covenants for Sienna WHEREAS,CONNER HOMES COMPANY,a corporation(herein referred to as Declarant),is the owner of certain real property within the city limits of Renton,in King County,Washington,including the property platted as Sienna,according to the plat thereof recorded at Volume.0,709 of Plats,Pages /Q to,2 Y under Recording No.2002100 9 O 0 2'7 sy in King County,Washington, and desires to establish a plan of private subdivision for all such properties. In order to provide for land use restrictions as a part of such plan,Declarant does hereby declare and establish the following restrictions,covenants and easements appurtenant: ARTICLE A CNA Definitions Section 1. Definitions. As used herein: 1. The word"Plat" shall refer to the plat of Sienna. =) 2. The word"Lot"shall refer to a lot as shown on any Plat as defined hereby,but shall not vr-- include Lot 61,and but shall not include a parcel designated a"Tract"or"Parcel"on a Plat. 3. The word"Subdivision"shall refer to the real property included within any Plat as defined hereby. 4. The words"Community Organization" shall refer to the Sienna Community Organization,a Washington nonprofit corporation,formed for the purpose of enforcing these covenants and providing other things that may benefit its members. 5. The word"Committee"is defined as the Architectural Control Committee as provided in Article C. 6. The words "Development Period" shall mean that period of time beginning on the date this Declaration is recorded in the records of King County and ending on the earliest to occur of(i)after 90% of the lots have had single family residences constructed thereon and have been occupied as residences;(ii) December 31,2005;or(iii)the date upon which a Supplementary Declaration is recorded by Declarant terminating the Development Period. ARTICLE B Building and Land Use Restrictions Section 1.Improvements. No dwelling,residence,outbuilding,fence,wall,building,pool,deck, play equipment over 6 feet in height, substantial landscaping,change in exterior paint color or other structure or other improvement shall be erected,altered,placed or maintained on any Lot unless it shall comply with the following: (a) Prior to placing any such structure or making such improvement on the Lot,the plans and specifications for the structure or improvement and a request for approval shall be submitted to and approved by the Committee as provided in Article C. When constructed or placed on the Lot,the structure or improvement shall substantially conform to the plans and specifications approved by the Committee. 1 t (b) Prior to making any change or alteration to the external appearance of any existing improvement on a Lot,plans and specifications for the alteration and change shall be submitted to and approved by the Committee as provided in Article C.This provision shall not apply to the Declarant during the Development Period and beyond,until all homes are initially sold and occupied.When made,the changes or alteration shall substantially conform to the plans and specifications as approved by the Committee. (c) Once started,the work of constructing,altering,repairing,or reconstructing any structure or improvement on a Lot shall be diligently prosecuted until completion thereof and in any event the exterior of the structure shall be completed and finished within six months after the work first commences. In the case of landscaping improvements or modifications,the work shall be completed within two months after the work first commences. (d) All buildings and improvements on a Lot shall be of permanent construction,and no temporary structure,trailer,mobile home,tent,garage,outbuilding or other similar device shall be placed on any Lot,except with the permission of the Committee.This provision shall not apply to the Declarant during the Development Period. Lin (e) Lots shall be used solely for residential purposes and related facilities normally incidental to a Nresidential community. No building shall be erected,altered,placed or permitted to remain on any Lot c::.1 except for one(1)detached single family dwelling and permitted accessory building. c• (f) Accessory buildings which are appurtenant to the use of an existing permanent residential building may be permitted on a Lot. Permitted accessory buildings may include playhouses,tool sheds, • doghouses,and gazebos. No permitted accessory building shall be placed on a Lot unless the plans for the • accessory building have been first approved as to the design and location on the Lot by the Committee. The Committee may refuse to approve a permitted accessory building if,in the exercise of the discretion of • the Committee,the structure detracts from the general visual appearance of the neighborhood or other homes.The location of a permitted accessory building shall be located where it minimizes the visual • impact and,as a general guideline, shall be in the rear yard or side yard behind the front of the house.The Committee shall not be bound by the guidelines,but may exercise its discretion in that respect.The Committee may require visual screening of accessory buildings from adjacent Lots.Accessory buildings shall not be easily visible from any street. (g) All structures and improvements shall comply with the provisions of the applicable Building Code,as amended from time to time,relating to setback requirements;provided that nothing herein shall require removal of a building which was originally placed in conformity with such Code because of change in the Code.The Applicant is responsible for procuring all necessary permits. (h) No fence or wall shall be permitted on the side lot lines of a Lot unless it is no nearer to the street than one third the depth of the house as constructed on the Lot,or,on the garage side of the house, nearer to the front street than fifteen(15)feet back from the front of the garage or nearer if it must to enclose a man door located in the rear half of the garage.Exceptions are made for the west lot lines of Lots 41,45 and 57,and the east lot lines of Lots 49 and 60.A fence up to six(6)foot high on those excepted Lots shall be permitted to extend to within 36 feet of the front of those lots,a five(5)foot high fence to within 20 feet of the front of those lots and a four(4)foot high fence up to the front property corner, consistent with the enforcement of the City of Renton codes.Fences or walls shall only be permitted on the rears of lots 1,4, 5,7, 8,20,21,30,31,35,Tract D,42,44,and 56 up to six(6)foot high to within thirty- six(36)feet of the street,a five(5)foot high fence to within twenty(20)feet of the street and a four(4) foot high fence up to the front property corner,consistent with the enforcement of the City of Renton codes. Additionally,fences shall not be permitted on the side lot lines of corner lots where those lot lines abut a public street except for fences no greater than four(4)feet in height from one third the depth of the house as constructed on the Lot to the rear lot line,or except where fences are screened by vegetation or are permitted by the Committee in writing. Exceptions are the street side lines of 1,7,8,20 and 56. Fences on those lots are only permitted to go to the interior limit of the landscape easements created by the final plat document.,but are otherwise subject to the aforementioned height restrictions.A similar exception applies to the common line between Lots 23 and 25.Fences on those lots are only permitted to go to the interior limit of the access and utility easement in favor of Lot 24 created by the final plat document,but 2 f . • are otherwise subject to the aforementioned height restrictions.Unless specifically approved by the Committee in writing,no fence or wall,where permitted, shall extend higher than six(6)feet above the ground. Nothing represented in this paragraph shall prevent the erection of(i)a necessary retaining wall and(ii)decorative walls,fences,hedges and mass plantings which have been approved by the Committee, in writing,as to appearance,prior to installation. Finally,nothing represented in this paragraph or elsewhere in this document shall violate the enforcement of the provisions of the applicable City of Renton fence codes. (i) No lines or wires for the transmission of electric current or of television,radio or telephone signals shall be constructed,placed or permitted to be placed outside of the buildings of a Lot,unless the lines and wires shall be underground or in conduit attached to a building. (j) No exterior aerials,antennas,microwave receivers,or satellite dishes over 18" in diameter for television or other purposes shall be permitted on any Lot.The Committee shall establish rules in the future for the use of"new generation" satellite dishes as they become available,where it can be demonstrated that adequate screening can be provided as to minimize the visibility to the surrounding neighborhood. 'es (k) All mailboxes are to be of uniform design as approved by the Committee,or of design a.ra initially installed by the Declarant. CZ Section 2. Animals. No animals,livestock or poultry of any kind shall be raised,bred,or kept on x any Lot except that usual household pets such as dogs,cats and small birds may be kept,provided that they are not kept,bred or maintained for commercial purposes,and that they do not unreasonably interfere with cza the use and enjoyment of any part of the Subdivision. '°'.,11 Section 3. Signs. No sign of any kind shall be displayed to the public view on any Lot except entry signs identifying the neighborhood,one sign of not more than five(5)square feet advertising the property for sale or rent,and signs used by the Declarant or builder of a residence on the Lot to advertise the property and identify the Declarant or builder during the construction and sales period of the residence. Builder and Declarant signs may include project marketing signs,directional signs and model home signs. Section 4. Nuisances. No lot shall be used or maintained as a dumping ground for rubbish;and trash,garbage,or other waste shall not be kept except for in sanitary containers or composting areas. Equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition and out of sight. Nothing shall be done on a lot which may become a nuisance to the neighborhood. Section 5. Businesses. No trade,craft,business,profession,manufacturing,commercial enterprise or commercial activity of any kind which shall interfere with the quiet and peaceful use and enjoyment of any part of the Subdivision shall be conducted or carried on upon any Lot or within any building located within the Subdivision. The evidence of said interference,other than permitted professional sign,shall be either visible from the street or adjacent Lots,shall increase the noise level in the surrounding area,or shall increase traffic more than usual residential volumes. Section 6. Storage. No goods,materials,supplies or equipment,and no boats,trucks, motorcycles,busses,motor homes,campers,trailers,or vehicles of any description,shall be stored, dismantled,or repaired in the street,driveway,or within view from the street in the Subdivision or in any part of the Subdivision outside an approved fenced area or permitted structure. Upon 48 hours notice to the owner of the Lot,the Community Organization has the authority to have removed at the Owner's expense any improperly stored or parked vehicle,boat,or other equipment. During the Development Period,the Declarant may store equipment and building materials and maintain temporary trash storage sites within the Subdivision.The restrictions contained in this Section shall not exclude the temporary parking of automobiles on the designated driveway areas adjacent to garages on the Lots. Section 7. Firearms and Related Activity. No firearms,whether for hunting or target practice, shall be discharged in the Subdivision. 3 • • Section 8. Construction and Sale Period. So long as Declarant owns any property in the Community for development and/or sale,the restrictions set forth in this Article B shall not be applied or interpreted so as to prevent,hinder,or interfere with development,construction or sales activities of Declarant or any builder or developer approved by the Declarant. ARTICLE C Architectural Control Section 1. The Committee. The directors of the Community Organization shall comprise or shall designate the Committee herein referred to. The address of the Committee shall be the registered office of the Community Organization. est `FIr Section 2. Submission of Plans. Prior to construction allplans and specifications or information r.. P c's required to be submitted to the Committee for approvals shall be submitted by mail to the address of the r; Committee in duplicate, shall be in writing,shall contain a written request for approval and the name and CTS address of the person submitting the same and the Lot involved,and shall set forth the following with respect to a proposed structure: The location of the structure upon the Lot,the elevation of the structure C3. with reference to the existing and fmished lot grade,the general design,the interior layout,the exterior finish materials and color including roof materials,the landscape plan,and such other information as may c•-•4, be required to determine whether such structure conforms with these restrictions. The Committee may •cm require applicants to notify adjacent property owners of their request for approval. -cv Section 3. Standards. The Committee shall have the authority to determine and establish standards involving aesthetic considerations of harmony of construction and color which it determines to be in the best interest of providing for attractive development of the Subdivision,which authority shall include but not be limited to determining the height,configuration,design and appearance of the dwelling and fences,walls,outbuildings,pools,and other structures and improvements appurtenant to the use of the dwelling. Such determinations may be amended and shall be binding on all persons. Section 4. Approval or Disapproval. Within 30 days after the receipt of plans and specifications or information with a request for approval,the Committee shall by majority vote approve or disapprove the request. The Committee may disapprove any request which in its opinion does not conform to these restrictions or its aesthetic or other standards. Approval or disapproval of a request shall be made upon one of the copies thereof and returned to the address shown on the request. If the Committee fails to approve or disapprove submitted plans and specifications within 30 days after the plans and specifications have been submitted,which submission shall be evidenced by a written receipt for said plans and specifications, approval will not be required,and this Section will be deemed to have been fully complied with. In this event,any such plans and specifications shall nevertheless be in compliance with all the restrictions contained in these Protective Covenants. Section 5. Advisors. The Committee may appoint advisors or advisory committees from time to time to advise on matters pertaining to the Subdivision. No person on the Committee or acting for it shall be responsible for any defect in any plan or specification submitted or approved nor for any defect in any plan or specification submitted or approved nor for any defect in any work done according to such plans and specifications. Section 6. Variations. The Committee shall have the authority to approve plans and specifications which do not conform to these restrictions in order to overcome practical difficulties or prevent hardships in the application of these restrictions;provided that such variations so approved shall not be materially injurious to the improvements of other Lots and shall not constitute a waiver of the restrictions herein contained but shall be in furtherance of the purposes and intent of these restrictions. 4 • ARTICLE D Landscaping Landscape Maintenance. The owners of each Lot shall maintain the landscaping on the Lot in a neat and presentable condition at all times and shall not permit the Lot to become overgrown or allow weeds and other noxious plants to proliferate on the Lot. The obligation to maintain landscaping shall extend into the public right of way along each Lot which has been or is required to have been landscaped to the sidewalk or street curb in front of and along side of the Lot,as applicable. After giving reasonable notice,as defined by the Board of Directors,to the owner of the Lot,the Community Organization has the authority to remedy,at the Owner's expense,any violations of this Article D. ARTICLE E c,. Easements and Open Space c-4.1 Section 1. Easements. (a)Construction,Utility and Drainage Easements. Easements for the construction,repair, c replacement,reconstruction,and maintenance of utilities have been created and established by the fmal plat o document over,across,and under the ten feet in width of the portion of each Lot and Tract abutting a street,with the exception of the west portion of Lots 1,7,8 and 56. Easements for the construction,repair, cv reconstruction and maintenance of drainage facilities are hereby created and established over,across,and ••o under the two and one-half feet in width of the portion of each Lot abutting a line common with another N Lot or Tract. No structure,planting or other material which may damage or interfere with the installation and maintenance of utilities or facilities,or which may change the direction of flow of drainage channels in the easements,or which may obstruct or retard the flow of water through the drainage channels in the easements,shall be placed or permitted to remain within any of these easements. The portion of these easements on each Lot shall be maintained by the owner of the Lot,except for those improvements within the easements the maintenance for which a public authority,utility company,or the Community Organization are responsible. (b)Landscape Easement. Easements have been created and established by the fmal plat document over,across,and under portions of Lot 1,7,8,20 and 56 in favor of the Community Organization to allow for the construction and maintenance of entry features and/or landscaping. The Community Organization shall be responsible for maintenance of all facilities within the easement areas and shall not otherwise interfere with the Lot owner's other uses and enjoyments of the easement areas or of any other portion of the burdened Lots,as stated in the easement document to be recorded. (c)Additional Easements. (i)Declarant shall cause Tracts A,B and D to be conveyed to the Sienna Community Organization, subject to public easements for utilities. (ii)Declarant shall cause Tract C to be conveyed to the Sienna Community Organization, subject to public easements for drainage and easements for utilities. Section 2. Open Space. (a) Declarant shall cause Tracts A and D of the plat of Sienna to be conveyed to the Sienna Community Organization for ownership and maintenance.Tracts A and D shall not be used for any other purpose than for open space and active recreation,consistent with the applicable regulations of The City of Renton. (b) Declarant shall cause Tract C of the plat of Sienna to be conveyed to the Sienna Community Organization for ownership and maintenance of the approved storm detention and drainage treatment facilities and landscaping and any other improvements in said Tract,with the exception those facilities owned by others,located within easements in said Tract..Tract C shall not be used for any other purpose, 5 M consistent with the applicable regulations of The City of Renton,unless express approval is given by the City of Renton in writing. (c) Declarant shall cause Tract B of the plat of Sienna to be conveyed to the Community Organization as a Sensitive Area Tract for ownership and maintenance.Tract B shall not be used for any other purpose than for sensitive area open space,subject to the applicable regulations of The City of Renton.Enjoyment by the owners and residents of Lots shall be consistent with those regulations. Section 3. Maintenance of Facilities. The Community Organization shall be responsible for maintaining,repairing and replacing: a) The plat entry monuments,lighting and landscaping,in the easements in Lot 1,7,8,20 and 56; b) Any items deemed necessary in Tract B by the City of Renton; arts c) The landscaping and improvements in Tracts A and D; '';' d) The mailbox stands; c e) The storm detention and drainage treatment systems in Tract C,to the standards dictated by the City of Renton,as well as associated and non-associated landscaping and other improvements within said Tract,not owned by others. 4 ARTICLE F Liens Section 1. Community Organization Membership. There shall be one membership in the Community Organization for each Lot in the Subdivision subject hereto and no more. The fee title owner of a Lot,which Lot is not subject to a recorded contract for purchase and sale,or the holder of the vendee's interest under a recorded contract for purchase and sale of a Lot,shall hold a membership in the Community Organization. Such membership shall be appurtenant to and not severable from such fee ownership or vendee's interest and shall transfer with the transfer of the fee title or vendee's interest without further action on the part of the Community Organization or its several members. Membership shall stand in the name or names of the persons or parties who have such interests from time to time as they may appear in the public record. Section 2. Lien. In order to provide for the proper operation of the Community Organization,for the maintenance and improvement of any property which the Community Organization is obligated to maintain and for the administrative costs of the Community Association,each grantee and vendee of Lots, their heirs,successors and assigns shall and do,by the act of accepting a deed of a Lot or entering into a contract of sale of a Lot,as vendee,jointly and severally agree that they and each of them shall hold the membership in the Community Organization appurtenant to the Lot and shall pay to the Community Organization the dues and charges levied according to the Declaration of Protective Covenants,Articles of Incorporation and Bylaws of the Community Organization against that membership. In the event that any such dues or charges remain unpaid to the Community Organization for a period of 60 days after the due date,then the Community Organization may place a written notice of public record in King County, Washington,that the Community Organization claims a lien against the Lot to which the membership is appurtenant for the amount of delinquent dues and charges together with interest at the rate of twelve percent per annum from the date due until paid and attorneys'fees,as herein provided. From and after recording such notice,and not prior to such recording,the Lot to which the membership is appurtenant shall be subject to a lien to the Community Organization as security for all unpaid dues and charges accrued until the lien arising because of the notice is released by the Community Organization. The lien herein granted to the Community Organization shall be subordinate to the lien of any bona fide mortgage or deed of trust given for value recorded prior to the recording of the notice of claim of lien. A release of a lien shall only release the lien arising because of the notice but not rights under this Article to file a subsequent notice of claim of lien for subsequent delinquencies after a notice is released. Such lien may be 6 ' • foreclosed in the manner of a mortgage of real property and in such foreclosure action,the Community Organization shall recover a reasonable sum as attorneys'fees therein and the reasonable and necessary costs of searching and abstracting the public record. Notwithstanding any provisions hereof appearing to the contrary,the sale or transfer of title to a Lot pursuant to a mortgage foreclosure or any proceeding in lieu thereof,shall extinguish the lien created hereby for any unpaid dues and charges which became due prior to such sale or transfer; provided that no sale or transfer shall relieve such Lot from a lien for dues and charges thereafter becoming due and provided further that"mortgage"as used in this sentence means a mortgage,deed of trust or other security given for a debt which is guaranteed by the Veterans Administration as agencies of the United States government. ARTICLE G at." Application and Enforcement va s Section 1. Effect. The covenants,restrictions,easements,rights,liens, and encumbrances herein provided for shall be covenants running with the land and shall be binding upon the Subdivision and any and all parts thereof,the parties in interest thereto and their heirs,assigns,personal representatives and successors in interest. Accepting an interest in and to any portion of the Subdivision shall constitute an cam, agreement by any person,firm or corporation accepting such interest,that they and each of them shall be bound by and subject to the provisions hereof. Section 2. Severability. In the event that any provision hereof shall be declared to be invalid by s+w any court of competent jurisdiction,no other provision shall be affected thereby and the remaining provisions shall remain in full force and effect. No waiver of the breach of any provision hereof shall constitute a waiver of a subsequent breach of any provision hereof shall constitute a waiver of a subsequent breach of the same provision or of any other provision. No right of action shall accrue for or on account of the failure of any person to exercise any right hereunder nor for imposing any provision,condition, restriction or covenant which may be unenforceable. Section 3. Enforcement. The parties in interest in and to any part of the Subdivision and the Community Organization,for the benefit of the owners of the Subdivision,and each of them shall have the right and authority to enforce the provisions hereof and in addition to any other remedy for damages or otherwise,shall have the right to injunctive relief. The prevailing party in any action to enforce any provision hereof shall recover a reasonable sum as attorneys'fees together with the reasonable costs of searching and abstracting the public record which sums shall be paid by the unsuccessful party. Section 4. Indemnification. To the fullest extent allowed by applicable Washington law,the owners shall indemnify the Committee members against any and all expenses including without limitation, attorneys' fees,imposed upon or reasonably incurred by any Committee member in connection with any action,suit,or other proceeding(including settlement of any suit or proceeding)to which such Committee member may be a party by reason of being or having been a Committee member. The Committee members shall not be liable for any mistake of judgment,negligent or otherwise,except for their own willful misfeasance,malfeasance,misconduct or bad faith. The Committee members shall have no personal liability with respect to any contract or other commitment made by them,in good faith,on behalf of the Committee,and the owners shall indemnify and forever hold each such Committee member free and harmless against any and all liability to others on account of any such contract or commitment. Any right to indemnification provided for herein shall not be exclusive of any other rights to which any Committee member may be entitled. 7 • f • ARTICLE H Amendment Section 1. Amendment of Use Restrictions. Articles B,C,and D of this instrument which relate to use of the Lots in the Subdivision may be amended and changed by the written consent of the owners of the fee title(in the case of title being subject to a real estate contract,the vendees under the real estate contract shall be deemed to be owners of the fee title)of not less than 60%of all Lots in all of the Subdivisions which have been made subject to the provisions of this Declaration. For the purpose of amendment,consent to an amendment by a fee owner shall be binding upon the owner and of anyLei successors to the fee title for a period of six months after it is given for the purpose of calculating the ev percentage required for adoption of the consent. Consents required under this Section shall be delivered to ' the Community Organization which shall tabulate them. Its determination of the sufficiency of the consent shall be conclusive,and an amendment to Articles B,C and D shall be effective when a written Notice of Amendment signed and acknowledged by the president and secretary of the Community Organization is c recorded in King County,Washington, stating that the requisite consent has been obtained and setting forth the amendment in its entirety. Maintenance responsibilities for the detention and drainage treatment pond may not be altered c�a without the City of Renton's approval.The Community Organization may not be eliminated without the City's approval. • EXECUTED this day of Dc4ober 2002. CONNER HOMES COMPANY. By o R. Skochd ole,Authorized Agent STATE OF WASHINGTON ) COUNTY OF KING ) I certify that I know or have satisfactory evidence that John R. Skochdopole signed this instrument,on oath stated that he was authorized to execute the instrument and acknowledged it as the Authorized Agent of CONNER HOMES COMPANY to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: 040 J , 2002 . .. DEe GNS IoA; •• 11 PUBLIC i Notary Public ' ,/, A' / ;J' 119.0 S Residing at `LI / 1kk My appointment expires: #-9' ®5 8