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HomeMy WebLinkAboutRC 96102809337111.11111111111.1...— i h WHEN RECORDED RETURN TO: 1=-12- p/6-/O© Office of the City Clerk Renton Municipal Building .r 200 Mill Avenue South Renton,WA 98055 V, DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 01 CP) CD `. 00 of: N CD RENTON PLACE HOMEOWNERS ASSOCIATION t-d I THIS DECLARATION, made this,8 f' day of Qc7ele°, 1996, by Construction Design & Finish Group, dba Bella Homes and Victor Giuliani, hereinafter referred to as "Declarant" : WITNESSETH : WHEREAS, Declarant is the owner of the following described real property: S =.. LEGAL DESCRIPTION � subjecthereto, The legal description to the real property that is the 4, The matter of this document is attached marked S Exhibit "A" and incorporated by this reference. 1WHEREAS, Declarant will convey certain of the said proper- W ties, subject to certain protective covenants, conditions and °' restrictions, reservations, liens and charges as hereinafter set forth. W ARTICLE I Y E DECLARATION S 61 A NOW, THEREFORE, Declarant hereby declares that the proper- S ties described above shall be held, sold and conveyed subject to i § 1 777 . , • the following easements, restrictions, reservations, charges, liens, covenants and conditions, all of which are for the purpose of enhancing and protecting the value, desirability and attrac- tiveness of the real property. These easements, restrictions, reservations, charges, liens, covenants and conditions shall run with the real property and be binding on all parties having or acquiring any right, title or interest in the described proper- ties or any part thereof, and shall inure to the benefit of each owner thereof. The Renton Place Homeowners Association shall be perpetual in nature and shall affect the real property that is subject to the Declaration of Covenants, Conditions and Restrictions of Renton Place Homeowners Association. ARTICLE II CI Cl 2.01 Definitions. Q (a) Committee. "Committee" shall mean the Architec- Qn tural Control Committee as defined in Article IV hereof. CD (b) Declarant. "Declarant" shall mean the undersigned and its successors and assigns, except that the term "successors I'I CI and assigns" , as used herein, does not include purchasers of interests in individual lots from the undersigned. (c) Declaration. "Declaration" shall mean this Declaration of Covenants, Conditions and Restrictions. (d) Domestic Animals. "Domestic Animals" shall mean domestic cats, dogs and such other household animals, fish, g reptiles and birds as are permitted to be sold in retail pet stores by the Washington Department of Agriculture. (e) Improvement. "Improvement" shall mean and include any residential building, outbuilding, garage, fence, wall, hedge, mass planting, hole, sign and any structure of any type or kind. (f) Lot. "Lot" shall mean one of the numbered parcels on the recorded latof Subject p map �e t Property. (g) Owner. "Owner" shall mean the record holder of fee simple title to a Lot, whether one or more persons or enti- ties, including contract sellers, but excluding those having an interest merely as security for the performance of an obligation. 2 .02 Purpose of Restrictions. The purpose of these restrictions is to assure proper development and use of Subject Property; to protect the Owner of each Lot against such improper 2 development and use of neighboring Lots as will depreciate the value of any Lot; to prevent the erection on Subject Property of a structure built of improper designs or materials; to encourage the proper maintenance and 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 for the Subject Property. ARTICLE III REGULATIONS OF IMPROVEMENTS AND USE 3.01" 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 M excessive playing of music systems to emanate from Owner's Lot which would unreasonably disturb another Owner's quiet enjoyment 672 0 of a Lot. UD 3.02 Parking. Automobiles which are not in an operat- DCD ing condition shall not be parked or left on any street or on any part of Subject Property other than in a garage. The streets within the plat shall not be used for overnight parking of any cl recreational vehicles. 3.03 Improvements. No Improvements, except as con- structed by Declarant 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 specifi- cations 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 IV 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. 3.04 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 or weeds shall be immediately removed and all lots shall be kept in an orderly, sanitary condition at all times. 3.05 Maintenance. 3.05 (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. 3 3.05 (b) The Association shall be charged with the responsi- bility 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. 3.05 (c) The Association shall have the responsibility to operate and maintain the two street lights on S. 19th St. hereby identified as the Independence Series street lights. 3.06 Temporary Buildings. No shed, tent or temporary building shall be erected, maintained or used on any Lot or portion thereof. t'? 3.07 Boats, Trucks, Trailers, Motor Homes. No boats, trailers or recreational vehicles shall be stored or kept on any C' lot for a period of more than 24 hours, unless said boat, trailer on or R.V. is enclosed or screened in such a manner that it is not visible from any street or any other lot in the plat. This Covenant specifically restricts street parking of boats, trailers Q, or other R.V. vehicles. CI 3.08 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 may be kept if they are not kept, bred or maintained for any commercial purpose, and that they shall not be kept in numbers or under conditions reasonably objectionable in a closely built-up residential community. 3.09 Completion of Construction. After commencement of construction of any Improvements, 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. Improvements which are buildings shall be properly painted or stained immediately after completion. 3. 10 Signs and Billboards. Except for temporary signs as specified below, no sign or billboard of any character shall be erected or displayed on the Subject Property except modest residential signs giving the name and/or address of the occupant or Owner. Temporary signs (exclusive of 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 4 Owner from maintaining on his property one: "For Sale" , "For Rent" , or "For Lease" sign not exceeding in sign 18 by 24 inches. 3. 11 Fence Requirements. Fences shall be well con- structed of suitable fencing materials and shall be artistic in design and shall not detract from the appearance of the dwelling house located upon the adjacent lots or building sites or be offensive to the owners or occupants thereof. No fence shall exceed six feet in height above finished grade. No fence, wall or hedge shall be erected that will inhibit or obstruct the view from another lot without written approval from 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 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. Approval by Committee is required. V, 3. 12 Landscaping. All front yards shall be landscaped 02with lawn, bark and shrubs. In addition, all owners shall be o5C mutuallyresponsible to maintain and care for the entry way in 04 perpetuity including any lawn, shrubs, trees, flowers, irrigation system, and entry signs. Any water and power costs necessary for the maintenance of the entry way shall also be mutually shared by C all property owners. C, 3. 13 Enforcement. 3. 13 (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 also have the right to bring such an action in its name. The prevailing party in any action brought to enforce the Covenants contained in this Declaration shall have the right to collect attorney's fees, court costs and other expenses of litigation, in addition to any damages which may be awarded. 3. 13 (b) The City of Renton shall have authority to enforce the provisions of Article 3.05. 3. 14 Severability. Invalidation of any one of these covenants or restrictions by judgments or court order shall in no way affect any other provisions which shall remain in full force and effect. 3. 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 respective legal representatives, heirs, successors and assigns, for a term of thirty years from the date this Declaration is recorded, after 5 it 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 owners then 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 restrictions of this declara- tion may be amended by an instrument signed by not less than the owners then owning 90% during the first 30 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 3.05 be terminated. ARTICLE IV ARCHITECTURAL CONTROL M 4 .01 Approval Required. No Improvements shall be (' commenced, erected or maintained upon the Subject Property nor Cr) shall any exterior addition to or change of color or shape or 0 other alteration therein be made until the plans and specifica- Cn tions showing the nature, kind, shape, color, height, materials C4 and location of the same shall have been submitted to and ap- proved in writing as to harmony of external design and location 74.5in relation to the entire Subject Property by the 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 specifi- cations have been submitted to it, approval will not be required and the requirements of the Article will be deemed to have been satisfied. 4 .02 Interpretation. The Architectural Control Commit- tee shall have the right to determine all questions arising in connection with this Declaration and to construe and interpret the provisions of this Declaration. Its good faith, determina- tion, construction or interpretation of this Declaration shall be final and binding. g 4.03 Composition of Committee. The Committee shall have three members. The members of the Committee shall be Donna Tozer, Dianne M. Shapard, and Robert Tozer (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 that first anniversary, Declarant shall have the power to appoint two of the three members of the Committee until the earliest of: 1) the 5th anniversary of this Declara- tion; or 2) the date when 90% of the Lots in Subject Property and the Additional Property have been sold. Thereafter, Commit- tee members may be appointed by a simple plurality of Lot Owners. 6 • 4 .04 No Liability. The members of the Architectural Control Committee shall have no personal liability for any action by or decision of the Committee. By acceptance of a deed to any property within the plat, the owner of that property agrees and covenants not to maintain any action against any member of the Architectural Control 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 ITNESS WHEREOF, the undersigned, being t 1J eclarant herei as hereunto set its hand and seal this —day of , 1996. CONSTRUCTION DESIGN & FINISH GROUP Cl AA" QM E M. SHAPARD, President on Cr)04 Cn :(GN® 7 • . STATE OF WASHINGTON ss. COUNTY OF KING On this day personally appeared before me DIANNE M. SHAPARD, to me known to be the President of Construction Design and Finish Group, the corporation that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. GIVEN under my hand and official seal this to day of m , 1996. C"? YAI • `" ?,'' 'y NOTARY�in and for the CD t ,' •� «S"^rr474 c+��` State of Washington, residing :• v°N®T ,fa�y N'. at King County. Cr) V PU�BLICb Commission expires on: 'Ul9 k9 It:74 * 9CH9 •' .. t i— ts !.9,1999 • �,`�/�>. ASN � 8 EXHIBIT"A" The plat of Renton Place recorded in Volume /7,6) of Plats, pages /V-/‘ , records of King County, WA., under King County Recording Number 96 Jo'P a9da . All in Section 19, Twp. 23N, Rng. 5E. WM. C'7 a, 1�1