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HomeMy WebLinkAboutRC 9507270353 .SHP9 H151 1` WHEN RECORDED RETURN To: . Office of the City Clerk PRIVATE ROAD ACCESS JUL 2 5 1995 Renton Municipal Building 200 Mill Avenue South AGREEMENT AND COVENANTS Renton,WA 98055 KINL L OUNTY RECORDER Every Lot owner shall have a right of easement and su hB'eae'merit s all 0, be appurtenant to and shall pass with the title to every lot . 4' l8 Whereas access to each of said lots of property is across and along a fiL common roadway ; and, whereas each party hereto , on behalf of himself g and his successors , heirs , and assigns , wishes to contract for the perpetual maintenance of said roadway ; now therefore the mutual covenants contained herein parties hereto agree as follows : 2 1 . PARCELS OF PROPERTY AFFECTED The following is a list of parcels of property affected by this agreement . Lots 1 , 2, 3 of City of Renton Short Plat #LUA-94-151-S .H .P. ] 950710 9011 Vol 104, Page 144 2. MAINTENANCE ON ROADWAY ffl The parties hereby agree that the roadway described above shall be maintained on perpetuity within its present boundary or such boundaries as may be agreed to by all parties hereto best serve access but not to infringe on other property owners. The surface of the roadway shall be maintained so as to allow free and reasonable passage of such vehicular traffic as may be reasonable and necessary in order that all parties may enjoy full unobstructed use for ingress and VI egress to the real prperty affected hereby . 0 3. COSTS OF MAINTENANCE ON ROADWAY In the event that the Roadway to or through any parcel of real 02 property is in need of repair , costs shall be agreed upon and shared proportionately between the owners of the roadway used commonly . 0, 4. RESTRICTIONS 1 . No lot shall be used or maintained as a dumping ground for rubbish; all trash, garbage and other •waste shall be kept in sanitary containers ; no debris , old cars or machinery may be stored on any lot . No lot shall be kept in a condition that constitutes ,an annoyance of nuisance to the neighborhood or detracts from the general appearance of the area . 2 . All lot owners must control and contain noxious weeds , including knapweed , by either pulling , mowing or spraying with an approved herbicide. 3. All dwellings and other structures shall be constructed and/or installed in accordance with the laws and regulations of the City of Renton and shall not be of such design or constructed or installed in such a manner as to detract from the general appearance of the surrounding lots or the value thereof. CITY OF RENTON MAR 1 4 1995 RECEIVED FINANCE • • • 5 . REMEDIES Remedies of lot owners to any covenants not adhered to that becomes a problem to other lot owners , shall be at the discretion of a mediator chosen by all parties to settle disputes , or to a court of law. A . Effect of nonpayment of work agreed to : Any unpaid mutually agreed upon road maintenance fees not paid by any lot owner , or association formed in the future , not paid within 30 days after the due date , may be a lien upon the non-payee lot owner . The lot owners or association may bring an action at law against the owner personally obligated to pay the same , or foreclose a lien against the property . No owner may waive or otherwise escape liability for the assess- ments provided for herein by non-use of the Common area or aban- donment of his lot . B . Subordination of the lien to mortgages : The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage or Real Estate Contract . Sale or transfer of any lot shall not affect the assessment lien. However , the sale or transfer of any Lot pursuant to mortgage or land contract , foreclosure , or any proceeding in lieu thereof , shall extinguish the lien of such assessments as to payments which become due prior to such sale or transfer . No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof . 0 The following items were added by request of Lawrence Warren , City Attorney . r* 1 . This agreement is provided to obtain a variance from the City t* of Renton road standards . As such , it is enforceable by the City of Renton . 2 . The private road shall be maintained to City standards for City streets of similar size and usage . .. LEGAL DESCRIPTION AS FOLLOWS : Lots 1 , 2, 3 , of City of Renton Short Plat #LUA-94-151-S .H.P.L. 950710 9011 Vol 104, Page 144 DATED 3/2.a/g.S" State of Wn . /// County of King , Imes a:4T? Notary Public State of Wn . residing at v�C'�3• c'-( S'