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HomeMy WebLinkAboutRC 20001222000851 111 1 11 11 01 II 011111 .. 0 20001222000851 SEATTLE CITY L COV 18.00 PAGE 001 OF 011 12/22/2000 11:11 KING COUNTY, WA DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR BRIERE CREEK ARTICLE 1. PURPOSE AND SUBMISSION TO DECLARATION 1.1 The Property. G&G DEVELOPMENT LLC, a Washington Limited Liability Company(hereinafter"Declarant"), is the owner of certain real property in King County, Washington,more particularly described in Exhibit A attached and incorporated herein by this reference(the"Property"). The Property covered by this Declaration includes all portions of the Plat of Briere Creek. 1.2 Submission to Declaration. Declarant hereby declares that the Property is and shall be held,used,transferred, sold and conveyed subject to and restricted by the restrictions, covenants,reservations, easements and conditions,referred to collectively hereafter as the "Covenants" or"Declaration,"as set forth herein. The Covenants are designed to protect and enhance the value and useability of the Property. 1.3 Homeowner Association. This Declaration relates specifically to the Briere Creek Homeowner Association, a Washington nonprofit corporation. ARTICLE 2. DEFINITIONS 2.1 "Association"means the Briere Creek Homeowner Association, a Washington nonprofit corporation, its successors and assigns. The Association is composed of Lot Owners and is organized and established to preserve and maintain the drainage pipes and catch basins located within the ten foot easement between Lots#8 and #9 and a twenty-five foot easement over Lots 9 and 10 which comprises a bioswale, and the control structure (vault) located within the roadway at NE 18t Street and Elma Avenue NE("Facilities"), and certain other easements for storm water drainage and secondary fire access, granted over the adjacent property to the north of the Briere Plat, which easements have been recorded with the King County Recorder's office. copies of which are attached hereto. -1- . 2.2 "Association Action"means a written corporate action of the Association in the form of either a bylaw or a resolution duly passed by either the Board or the Owners. 2.3 "Board"means the Board of Directors of the Association. 2.4"Development Period"means that period Declarant requires to develop and market the Property and shall end at the earlier of the following: (a)the sale of all the Lots without completed residences to a licensed builder; (b)upon written notice by Declarant that it has elected to terminate the development Period; or(c) expiration of ten(10)years{ from the date this Declaration is recorded. 2.5 "Lot"means a legally segmented and alienable portion of the Property as numbered and designated on the recorded Plat. The term"Lot"does not include streets and other public areas. 2.6 "Member"means any person or entity holding membership in the Association. 2.7 "Mortgagee"means the holder or beneficiary of any mortgage or deed of trust encumbering one or more of the Lots. 2.8 "Owner"means the record owner, whether one or more persons or entities, of a fee simple interest to any Lot which is a part of the Property, including contract purchasers,but excluding contract sellers and mortgagees or others having such interest merely as a security for performance of an obligation. 2.9 "Plat"means the Plat of Briere Creek as approved by the City of Renton under its File No. LUA-00-140, FP, and recorded on ! i� , 2000 under King County Recording No.a...�o o id_.2 a p o o q,'7 2.10"Property"means all of that certain real property described in Exhibit A and included within the Plat. 2.11 "Successor Declarant"means a licensed builder who acquires all of the Lots from Declarant without completed residences thereon. ARTICLE 3. PURCHASE AND SALE AGREEMENTS 3.1 All purchase and sale agreements for Lots shall include a clause informing purchasers of the provisions for the Association and the allocation of costs to Owners of Lots to preserve and maintain the Facilities. ARTICLE 4. DRAINAGE EASEMENT Declarant does hereby declare,create, establish, grant and convey to the Association and the Owners therein a nonexclusive drainage easement in the 10' wide -2- utility easement area, as shown on the Briere Creek Plat Map, and the Facilities for the purpose of providing storm water drainage from each Lot to and through the Facilities, which are part of the storm drainage plans approved as part of the Final Plat. The easement is dedicated for the use and benefit of the Property,the Association and Owners of any portion of the Property and shall be an appurtenance to each Lot. No improvement, fill or obstruction shall be permitted or suffered to alter the effectiveness of the drainage easements or the Facilities,unless specific written permission has been obtained by both the Association and the applicable governmental entity. All maintenance,monitoring,repair and/or rebuilding of the Facilities shall be by the Association, unless and until said facilities are dedicated and accepted by the City of Renton or other applicable governmental authority. The Association shall always 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 responsibilities. ARTICLE 5. RESERVATION OF EASEMENT There is reserved to Declarant and to the Association,their agents and employees, an easement over each and every Lot for entry and access in a reasonable manner and at reasonable times and places for the performance generally of all their rights and duties as provided in this Declaration. ARTICLE 6. DEDICATED RIGHT OF WAY As part of the final approval of the Plat, the Declarant is dedicating to the City of Renton the right of way for roadway purposes as depicted on the face of the Plat together with the storm drainage and sanitary sewer pipes therein, provided,that the Facilities which are located within the 10' wide utility easement and the dedicated right of way shall remain owned and controlled by the Association, subject to the Declaration. ARTICLE 7. DRAINAGE SYSTEM 7.1 Each Owner shall maintain in proper working order all roof drains and area storm drains on improvements constructed on their Lots and shall ensure that the water from those drains flows into the storm drainage system installed to serve the Property. Each Owner shall preserve and not alter the natural and man-made drainage courses existing on their Lot at the time such Owner obtains an interest in said Lot. Each Owner is prohibited from redirecting, restricting, altering, or otherwise impairing these drainage courses in any manner without the prior written approval of the City of Renton and the Association. The Property contains a specially designed surface water drainage system, intended to facilitate an orderly drainage of surface waters. It is incumbent on each Owner to help preserve and maintain the Facilities. ARTICLE 8. THE ASSOCIATION 8.1 Membership. Each Owner shall be a member of the Association. Such -3- membership shall be appurtenant to and held and owned in the same manner as the beneficial fee interest in the Lot to which it relates. Membership shall not be separated from ownership of the Lot to which it relates; provided, however,that any owner may delegate his rights of membership in the Association to the members of his family and to his tenants who are occupants at such Owner's Lot. 8.2 Powers. The Association's duties and powers include but are not limited to: (a) owning, maintaining and administering the Facilities; (b) administering and enforcing the Covenants; and(c) levying, collecting and disbursing the assessments and charges hereinafter created. The Association has the right to promulgate rules and regulations which may further define and limit permissible uses and activities consistent with the provisions of this Declaration. All actions of the Association requiring approval of Owners shall be by at least fifty-one percent(51%)vote of those Members present in person or by proxy at the meeting. All Owners shall receive written notice of any meeting of the Association at least fourteen(14) days in advance of any meeting. 8.3 Voting Rights. During the Development Period, Declarant shall have all voting rights. After expiration of the Development Period, every Owner shall be entitled to cast one vote in the Association for each Lot owned. The right to vote may not be severed or separated from any Lot, and any sale,transfer or conveyance of said property interest to a new Owner shall operate to transfer the appurtenant vote without the requirement of any expressed reference thereto. The presence in person or by proxy of at least sixty per cent(60%) of the Owners at any meeting shall constitute a quorum. If a quorum is present,the affirmative vote of the majority of the Members at the meeting and entitled to vote shall be the act of the Members,unless the vote of a greater number of Members is required by this Declaration or by the Articles of Incorporation or Bylaws of the Association. 8.4 Number of Votes. From the commencement of the existence of the Association,there shall be a total of 12 outstanding votes in the Association, representing one vote for each of the 12 Lots,the maximum number presently authorized for Briere Creek. The total number of outstanding votes shall be automatically adjusted to equal the number of Lots given final Plat approval. During the Development Period,the Declarant shall be entitled to cast 12 votes. 8.5 Board of Directors. A President and two (2) other individuals shall comprise a Board of Directors and shall be elected from among the Owners. The Board shall have authority to establish operating rules and procedures. A majority of the Board may designate one or more of its members as a representative to act for it. In the event of death or resignation of any Board member,the remaining Board member(s) shall have full authority to appoint a successor member or members. Members of the Board shall not be entitled to any compensation for services performed. 8.6 Declarant Authority. During the Development Period, all of the functions and powers of the Association shall be vested in the Declarant or Successor Declarant. 8.7 Declarant Management During the Development Period. Notwithstanding -4- • anything to the contrary herein, during the Development Period, Declarant or Successor Declarant at its option shall have and may exercise all of the rights and powers herein given to the Board and the Association, including all rights to manage and operate the Facilities and all rights to create and enforce assessments and liens under this Declaration. This requirement is made in order to ensure that the Property will be adequately administered in the initial stages of development, and to ensure an orderly transition of the operation to the Association. Acceptance of an interest in a Lot is conclusive evidence of acceptance of this management and operational authority in Declarant or Successor Declarant. During the Development Period, each Owner(with the exception of Declarant or Successor Declarant) shall be required to pay assessments in accordance with this Declaration,but Declarant or Successor Declarant shall be responsible to operate, repair, and maintain the Facilities and shall provide for payment of all necessary Common Expenses to the extent the assessments against individual Lots are insufficient to pay those Common Expenses. ARTICLE 9. BUDGET AND ASSESSMENTS 9.1 Association Budget. The Association's fiscal year shall be the calendar year. Within thirty(30) days prior to the beginning of each fiscal year,the Board shall adopt an Association budget for the following fiscal year, setting forth the amounts reasonably estimated for Common expenses. "Common Expenses"mean (a) expenses of administration, maintenance, monitoring, operation, security, repair or replacement of the Facilities; (b)premiums or deductibles for all insurance policies required or permitted by this Declaration; (c) funding of reserves for anticipated operational shortfalls or for replacement of capital items;(d) legal fees and costs of the Association, if any; and (e) any other expenses established from time to time as reasonably necessary by the Board. The Board may revise the budget from time to time as deemed necessary or advisable to account for and defray additional costs or expenses of the Association. Upon adoption of a budget,the Board shall assess all Lots with general and/or special assessments as provided in this Declaration. 9.2 Creation of Lien and Personal Obligation. Each Owner, by acceptance of a deed for a Lot, whether or not it shall be expressed in such deed, is deemed to covenant and agree topayto the Association(a) general assessments, andspecial assessments �' (b) p made under this Declaration. The general and special assessments, together with interest, costs and reasonable attorneys' fees, shall be a charge and continuing lien upon the Lot and improvements thereon, against which such assessment is made and also shall be the personal obligation of the individual who is the Owner of the Lot at the time the assessment came due. 9.3 General Assessment. Each owner shall pay a general assessment based upon the Association's budget in equal quarterly installments on the first day of each quarter beginning with January 1 of each fiscal year. A portion of the general assessment may include fees or charges payable to third parties. During the Development Period, a portion of the general assessment may include fees paid to the Declarant for management services provided by the Declarant to the Association or by a professional management firm. -5- 9.4 Special Assessments for Capital Improvements. In addition to the annual general assessments authorized in Section 9.3, the Board may levy in any fiscal year a common assessment, applicable to that year only, for the purpose of defraying in whole or in part the cost of any installation, construction, reconstruction, extraordinary repair, or replacement to or of the Facilities. 9.5 Special Assessments for Legal Fees and Damages. In addition to the general and special assessments authorized in Sections 9.3 and 9.4,the Board may levy from time to time a special assessment payable in a lump sum or installment basis, as the Board directs, for the purpose of defraying in whole or in part any legal fees, costs and/or damages or awards incurred in legal actions in which the Association is a party, or in which a member of the Board is named as a party(including Declarant when exercising the authority of the Board during the Development Period) as a result of a decision made or action performed while acting on behalf of the Association. The special assessment under this Section 9.5 may be made by the Board without a vote of the Association membership, unless at a meeting called by the Association at least fifty-one percent(51%) of the Association members voting in person or by proxy disapprove such special assessment,provided,however, any special assessment necessary to fulfill the indemnification obligations of Article 11 shall not be subject to disapproval. 9.6 Amount of Assessment. The amount of the general or special assessment attributable to each Lot shall be equal to the total amount of such assessment divided by the total number of Lots for which final plat approval has been recorded. 9.7 Date of Commencement of Assessments, Due Dates. The general assessments described in Section 9.3 shall commence upon the closing of each Lot sale. The first general assessment shall be prorated according to the number of months remaining in the calendar year. Upon approval of the budget,the Board shall fix the general and/or special assessments, and shall notify each Owner of its respective assessment amount(s) and due date(s). The liability of an Owner for any assessments against its Lot shall commence on the first day of the calendar month following the date upon which the Owner acquires title to the Lot. Upon request and for a reasonable charge, the Board shall furnish a signed certificate setting forth whether all assessments on a specified Lot have been paid. A properly executed certificate as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. 9.8 Effect of Non-Payment of Assessment; Remedies of the Association. Any assessment not paid within ten(10) days after the due date shall bear interest at the rate of twelve percent(12%)per annum until paid, but not exceeding the maximum rate permitted by law. Each Owner hereby expressly vests in the Association, through the Board or its agent,the right and power to bring all actions against such Owner personally for the collection of such assessments as debts and to enforce lien rights of the Association by all methods available for the enforcement of such liens, including foreclosure by an action brought in the name of the Association in like manner as a mortgage of real property. Such Owner hereby expressly grants to the Association the power of sale in connection with such liens. The liens provided for herein shall be in favor and for the benefit of the Association. The Association shall have the power to bid in an interest at foreclosure sale and to acquire, hold, lease, mortgage and convey the same. The Owner is -6- • responsible for payment of all attorneys' fees and costs incurred in collecting past due assessments or enforcing the terms of assessment liens. No Owner may waive or otherwise escape liability for the assessments provided herein by nonuse of the Facilities or abandonment of its Lot. The Association shall have the right to suspend the voting rights of an Owner for any period during which any assessment against the Lot remains unpaid and for a period not to exceed 60 days for an infraction of the terms of either this Declaration,the Articles or the Bylaws of the Association. 9.9 City May Function as Association. If the Association either fails to perform any of its duties to preserve and maintain the Facilities or dissolves, then the City of Renton may perform any of the Association's duties, including without limitation the assessment and collection of fees. ARTICLE 10. SUBORDINATION OF LIENS 10.1 Intent of Subordination Provisions. The provisions of this Article 10 apply for the benefit of each Mortgagee who lends money for purposes of construction or to secure the payment of the purchase price of a Lot. 10.2 Mortgagee's Nonliability. A mortgagee shall not, merely by reason of its security interest, be liable for the payment of any assessment under this Declaration, nor for the observation or performance of any covenant or restriction, except those enforceable by equitable relief and not requiring the payment of money or except as hereinafter provided. 10.3 Mortgagee's Rights During Foreclosure. During the pendency of any proceeding to foreclose a mortgage, including any redemption period,the Mortgagee or receiver, if any, may exercise any and all rights and privileges of the Owner of the encumbered Lot, including without limitation the right to vote in the Association to the exclusion of the Owner's exercise of such rights. 10.4 Mortgagee as Owner. At such time as a Mortgagee,or any successor or assign thereof, shall become the record owner of a Lot,the Mortgagee or successor assign shall be subject to all terms and conditions of this Declaration, including the obligation to pay for all assessments and charges in the same manner as any Owner. 10.5 Mortgagee's Title Free and Clear of Liens. A Mortgagee acquiring title to a Lot through foreclosure or deed in lieu thereof shall acquire title to the encumbered Lot free and clear of any lien arising from this Declaration to secure payment of any assessment which becomes due but was unpaid prior to the Mortgagee's acquiring title. The Association shall treat any such unpaid assessments against a Lot as a Common Expense and shall prorate such unpaid assessments among the remaining Lots and each remaining Lot shall be liable for its prorated share in the same manner as any other assessment. 10.6 Survival of Assessment Obligation. After foreclosure, any unpaid assessment shall continue to exist and remain a personal obligation of the Owner against -7- • • whom the same was assessed, and the Association shall use reasonable efforts to collect the same from such Owner. 10.7 Subordination of Assessment Liens. The liens for assessments provided in this Declaration shall be subordinate to the lien of any Mortgage placed upon a Lot by a Mortgagee as a construction loan, security interest, or a purchase price security interest, and the Association upon demand will execute a written subordination document to confirm the Mortgagee's priority. The sale or transfer of any Lot shall not affect the assessment liens provided for in this Declaration except as otherwise specifically provided herein, and in the case of a transfer of a Lot in foreclosure to a Mortgagee, assessment liens shall arise against the Lot for any assessment payments coming due after the date of completion of the foreclosure or deed in lieu thereof. ARTICLE 11. INDEMNIFICATION Each member of the Board(and Declarant while exercising authority of the Board during the Development Period), and any agents thereof, shall be indemnified by the Association against all expenses and liabilities (including attorneys' fees and costs) reasonably incurred by or imposed in connection with any litigation or other proceeding by reason of such individual's holding a position or office. This indemnification shall apply whether or not such person holds that position at the time the expense or liability is incurred, except to the extent such expenses or liabilities are covered by insurance and except where such person is adjudged guilty of willful misfeasance in the performance of his/her duties. However, in the event of a settlement, the indemnification shall apply only when the Board approves such settlement and reimbursement as being in the best interests of the Association. ARTICLE 12. INSURANCE, LOSSES, CONDEMNATION 12.1 Insurance Coverage. The Board may procure for the Association, and maintain, as a Common Expense, one or more policies of insurance as follows: (a) insurance against property loss or damage by fire or other hazards to the Facilities; (b) general comprehensive liability insurance for the Association,the Owners, Declarant, and any agents, guests, invitees, licensees, or others, incident to the use and ownership of the Facilities; (c)fidelity coverage naming the Association to protect against dishonest acts by the Board or any officers, agents, or other persons responsible for handling Association funds; (d)worker's compensation insurance to the extent required by applicable laws; and (e) any other insurance the Board deems advisable 12.2 Casualty Losses. In the event of substantial damage or destruction of any of the Facilities,the Board shall provide notice to the Owners and all applicable insurance proceeds for the damage or destruction shall be paid to the Association for repair, replacement, or other disbursement as determined by the Board. 12.3 Condemnation. In the event any part of the Facilities is sought to be acquired by eminent domain or other proceedings, the Association shall give prompt notice thereof to the Owners. All compensation, damages, or other proceeds shall be paid to the Association. -8- • ARTICLE 13. LIMITATION OF LIABILITY So long as a member of the Board, Declarant or any managing agent has acted in good faith,without willful or intentional misconduct,upon the basis of information and possessed by such persons, then that person shall not be personally liable to any Owner, the Association,or to any other person for any damage, loss, or claim on account of any act, omission, error, or negligence of such person, except this section shall not apply to the extent such acts, omissions or errors are covered by the Association's insurance. ARTICLE 14. GENERAL PROVISIONS 14.1 Enforcement. The Association,the Declarant, and each Owner subject to this Declaration shall have the right to enforce by any proceedings at law or in equity all rights, duties, obligations, covenants and easements now or hereafter imposed by the provisions of this Declaration, but the Declarant's right to enforce this Declaration shall terminate at such time as Declarant shall cease to be the Owner subject to these covenants. Failure by the Association or Declarant to enforce any right, duty, obligation or covenant herein contained shall in no event be deemed a waiver of the right to do so thereafter. In the event of legal action to enforce these covenants or the terms and conditions herein, the prevailing party shall be entitled to recover court costs,reasonable attorneys' fees and any other expenses of litigation. 14.2 Successor Declarant. The Declarant reserves the right to transfer all of its rights as Declarant hereunder to a licensed contractor, as a Successor Declarant, in conjunction with the Declarant's transfer to such licensed contractor of all of Declarant's interest in the Lots prior to completion of any residences thereon. The Successor Declarant shall have all of the rights and duties of the Declarant hereunder. 14.3 Binding on Successors. The Covenants shall run with the Property and apply to and bind the successors and assigns in interest and all parties having or acquiring any right,title or interest in the Property or any portion thereof. 14.4 Amendment. The Covenants of this Declaration shall run with the Property or any portion thereof. This Declaration may be amended during the Development Period by the sole signature of the Declarant. After the Development Period,this Declaration may be amended by an instrument signed by not less than sixty-seven(67%)percent of the Owners of all Lots. Any amendment must be recorded before it is effective. In no event shall any amendment derogate from the conditions imposed by the City of Renton's conditions,relating to the Facilities, as part of the final plat procedure. 14.5 Interpretation. Use of the singular herein shall include reference to the plural, and vice versa, and use of the masculine gender shall include reference to the feminine gender. The captions in this Declaration are inserted only as a matter of convenience and for reference, and in no way describe, define, or limit the intent of this Declaration. The captions are not to be used in interpreting this Declaration. -9- 14.6 Severability. Invalidation of any one of the provisions herein by judgment or court order shall not in any way affect any other provision which shall remain in full force and effect. DATED this 2(.. day of /(/e.,- ,,,,,_6e,—, 2000. G&G DEVELOPMENT LLC, by RALD / , mber and Manager EXHIBITS: A. Legal Description of Property STATE OF WASHINGTON ) )ss COUNTY OF KING ) On this otn day of IVi,v-.0131,,2000,before me,a Notary Public in and for the State of Washington,personally appeared Gerald J.Briere,personally known to me(or proved to me on the basis of satisfactory evidence)to be the person who signed the instrument,on oath stated that he was authorized to execute this instrument as the Manager of G&G Development LLC,the limited liability company that executed the instrument,acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company for the uses and purposes therein mentioned,and on oath stated that he was duly elected,qualified and acting as said manager of the limited liability company. IN WITNESS WHEREOF,I have hereunto set my hand and official seal the day and year first above written. ` ��os��`‘, --A ,,,,,,,,,, A i l .,k,---C- 4), ,D ,e,.. .,,„4,,,„ ", % Printed Name: .S f t uk,, ( . L eP/34'1-a � s1Mi Notary Public in and for the State of Washington i / �V _' Residing at ✓l'1 aP 4 LVLie. l , �-r ,0 ....03,41. .� Appointment expires: OS 3 - c>," �f 7J_ ,,,YJ,'0. �4. —10— • EXHIBIT A [King County Assessor's Tax Parcel No. 516970-0024-03] That portion of Lot 2 of Short Plat Number 307-79 (Fran Briere Short Plat) recorded under Auditor's File Number 7906209010 records of King County, Washington, described as follows: Beginning at the Northwest corner of said Lot 2; thence south 2°24'41"west 147.84 feet; thence north 87°35'19"west 27.95 feet; thence south 2°24'41"west 174.11 feet to the south line of said Lot 2; thence south 87°44'25" east along said south line 324.33 feet to the east line of said Lot 2; thence north 1°24'35" east along said east line 321.14 feet to the north line of said Lot 2; thence north 87°35'19" west along said north line 290.75 feet the point of beginning. (ALSO KNOWN AS Lot 2 of City of Renton lot line Adjustment Number 026-92 recorded under Recording Number 9204179006)