HomeMy WebLinkAboutRC 8410220494 � ' , , , -� � _ � �
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DECLARATION �� , ``�'P
OF COVENANTS, CONDITIONS AND RESTRICTIONS ;,�;, 1,:
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OF j�1'
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THE PLAT OF FERNWOOD NORTH . ���p� p j
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THIS DECLARATION, made on the date hereinafter set forth by
WICK HOMES, INC. , hereinafter referred to as "Declarant" .
� WITNESSETH:
�
� WHEREAS, Declarant is the owner of certain property in King
� County, State of Washington, which is more particularly described
� as:
O
~ Lots 1 through 70, Plat of Fernwood North, located in
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p� Section 15, Township 23 North, Range 5 East, W.M. , in
the City of Renton, King County,� Washington, as recorded
under King ounty Recording No. ���{ \G L1���r'1,� , in
Volume � of Plats, pages \b C�_ � c�, r ' , records
of King County, Washington
NOW, THEREFORE, Declarant hereby declares that all of the
properties described above shall be held, sold and conveyet� subject
to the following easements, restrictions, covenants and conditions, ,
which are for the purpose of protecting the value and desirability
of, and which shall run with, the real property and be binding
on all parties having any right, title or interest in the described
properties or any part thereof, their heirs, successors and assigns,
and shall inure to the benefit of each owner thereof.
ARTICLE I �
DEFINITIONS II
Section 1. "Association" shall mean and refer to the '
FERNV300D NORTH HOMEOWNERS ASSOCIATION, its successors and assigns .
Section 2. "Owner" shall mean and refer to the record owner,
whether one or more persons or entities, or a fee simple title to
any Lot which is a part of the Properties, including contract
sellers, but excluding those having such interest merely as security
for the performance of an obligation.
Section 3. "Properties" shall mean and refer to that certain
real property hereinbefore described, and such additions thereto
as may hereafter be brought within the jurisdiction of the Association.
Section 4 . "Common Area" shall mean all real property
(including the improvements thereto) owned and maintained by the '
Association for the common use and enjoyment of the owners. The
Common Area to be owned by the Association at the time of the
conveyance of the first lot is described as follows:
Tracts "A" and "B" as recorded in the Plat of Fernwood '
North, Volume \� of Plats, pages �v v - i0 \ . ,
records of King County, Washington. 'I
Section 5. "Lot" shall mean and refer to any plot of land I
shown upon any recorded subdivision map of the Properties with the
exception of the Common Area.
FIL�D ��� RECOR� AT REQUEST OF
OFFl��3F�{f E�TY�LERK
R��i���a�;�f���IP�I BLD�.
2l�1�€�?L���.S0.
RfN'i�'rd,1�A�5
Section 6. "Declarant" shall mean and refer to WICK HOMES,
INC. , its successors and assigns if such successors and assigns
should acquire more than one undeveloped Lot from the Declarant for
the purpose of development.
ARTICLE II
PROPERTY RIGHTS
Section l. Owners ' Easements of Enjoyment. Every Owner shall
have a right and easement of enjoyment in and to the Common Area
which shall be appurtenant to and shall pass with the title to every
Lot, subject to the following provisions:
� (a) the right of the Association to charge reasonable
0) admission and other fees for the use of any recreational
�" facility situated upon the Common Area; '
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� (b) the right of the Association to suspend the voting
ri hts and ri ht to use of the recreational facilities
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b an owner for an eriod durin which an assessment
d� Y Y P g Y
� against his Lot remains unpaid; and for a period not to
exceed 60 days for any infraction of its published rules
and regulations;
(c) the right of the Association to dedicate or transfer
all or any part of the Common Area to any public agency,
authority, or utility for such purposes and subject to
such conditions as may be agreed to by the members. No
such dedication or transfer shall be effective unless an
instrument agreeing to such dedication or transfer signed
by two-thirds (2/3) of each class of inembers has been recorded.
Section 2 . Delegation of Use. Any owner may delegate, in
accordance with the By-Laws, his right of enjoyment to the Common
Area and facilities to the members of his family, his tenants,
or contract purchasers who reside on the property.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
Section 1. Every owner of a lot which is subject to assess-
ment shall be a member of the Association. Membership shall be
appurtenant to and may not be separated from ownership of any Lot
which is subject to assessment.
Section 2. The Association shall have two classes of voting
membership:
Class A. Class A members shall be all Owners, with the
exception of the Declarant, and shall be entitled to one
vote for each Lot owned. When more than one person holds
an interest in any Lot, all such persons shall be members .
The vote for such Lot shall be exercised as they determine,
but in no event shall more than one vote be cast with
respect to any Lot.
Class B. The Class B members shall be the Declarant and
shall be entitled to three (3) votes for each Lot owned.
The Class B membership shall cease and be converted to
Class A membership on the happening of either of the
following events, whichever occurs earlier:
(a) when the total votes outstanding in the Class A
membership equal the total votes outstanding in the Class
B membership, or
(b) on January 31, 1989 .
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ARTICLE IV
COVENANTS FOR MAINTENANCE ASSESSMENTS
Section l. Creation of the Lien and Personal Obligation of
Assessments. The Declarant, for each Lot owned within the .Prope'rties
hereby covenants, and each Owner of any Lot by acceptance of a deed
therefor, whether or not it shall be so expressed in such deed, is
deemed to covenant and agree to pay to the Association: (1) annual
assessments or charges, and (2) special assessments for capital
improvements, such assessments to be established and collected as
hereinafter provided. The annual and special assessments, together
�, with interest, costs and reasonable attorney' s fees, shall be a
Qj charge on the land and shall be a continuing lien upon the property
� against which each such assessment is made. Each such assessment,
� together with interest, costs, and reasonable attorney' s fees, shall
� also be the personal obligation of the person who was the Owner
� of such property at the time when the assessment fell due. The
,a, personal obligation for delinquent assessments shall not pass to
� his successors in title unless expressly assumed by them.
Section 2. Purpose of Assessments. The assessments levied
by the Association shall be used exclusively to promote the re-
creation, health, safety, and welfare of the residents in the
Properties and for the improvement and maintenance of the Common
Area, including the storm drainage facility on Tract "B" .
Section 3. Maximum Annual Assessment. Until January lst
of the year immediately following the conveyance of the first lot
to an Owner, the maximum annual assessment shall be Seventy-Five
Dollars ($75. 00) per Lot.
(a) From and after January lst of the year immediately
following the conveyance of the first Lot to an Owner,
the maximum annual assessment for the previous year
may be increased not more than five percent (50) above
the maximum assessment for the previous year without a
vote of the membership.
(b) From and after January lst of the year immediately I
following the conveyance of the first Lot to an Owner,
the maximum annual assessment may be increased above
five percent (50) by a vote of two-thirds (2/3) of each
class of inembers who are voting in person or by proxy,
at a meeting duly called for this purpose.
(c) The Board of Directors may fix the annual assessment
at an amount not in excess of the maximum.
Section 4. Special Assessments for Capital Improvements.
In addition to the annual assessments authorized above, the Association
may levy, in any assessment year, a special assessment applicable
to that year only for the purpose of defraying, in whole or in
part, the cost of any construction, reconstruction, repair or
replacement of a capital improvement upon the Common Area, including
the fixtures and personal property related thereto, rovided that
any such assessment shall have the assent of two-thirds (2 3) of
the votes of each class of inembers who are voting in person or by
proxy at a meeting duly called for this purpose.
Section 5. Notice and Quorum for Any Action Authorized Under
Sections 3 and 4 . Written notice of any meeting called for the
purpose of taking any action authorized under Section 3 or 4 shall
be sent to all members not less than 30 days nor more than 60 days
in advance of the meeting. At the first such meeting called, the
presence of inembers or of proxies entitled to cast sixty percent
(60�) of all the votes of each class of inembership shall constitute
a quorum. If the required quorum is not present, another meeting
may be called subject to the same notice requirement, and the
required quorum at the subsequent meeting shall be one-half (1/2)
of the required quorum at the preceding meeting. No such subsequent
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, . m�eting shall be held more than 60 days following the preceding meeting.
Section 6. Uniform Rate of Assessment. Both annual and special
assessments must be fixed at a uniform rate for allLots and may be
collected on a monthly basis.
Section 7. Date of Commencement of Annual Assessments: Due Dates.
The annual assessments provided for herein shall commence as to all Lots
on the first day of each month following the conveyance of the Common Area.
The first annual assessment shall be adjusted according to the number of
months remaining in the calendar year. The Board of Directors shall fix the
amount of the annual assessment against each Lot at least thirty (30) days
in advance of each annual assessment period. Written notice of the annual
assessment shall be sent to every Owner subject thereto. The due dates shall
be established by the Board of Directors. The Association shall, upon demand,
and for a reasonable charge, furnish a certificate signed by an officer of
a+ the association setting forth whether the assessments on a specified Lot
� have been paid. A properly executed certificate of the Association as to
� the status of assessments on a Lot is binding upon the Association as of the
� date of its issuance.
O Section 8. Effect of Nonpayment of Assessments. Remedies of the
� Association. Any assessment not paid within thirty (30) days after the due
� date shall bear interest from the due date at the rate of 6 percent (60)
per annum. The Association may bring an action at law against the Owner
personally obligated to pay the same, or foreclose the 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 abandonment of
his Lot.
Section 9 . Subordination of the Lien to Mortgages. The lien of the
assessments provided for herein shall be subordinate to the lien of any
first mortgage. Sale or transfer of any Lot shall not affect the assessment
lien. However, the sale or transfer of any Lot pursuant to mortgage fore-
closure or any proceeding in lieu thereof, shall extinguish the lien of such
assessments as to payments which became due prior to such sale or transfer.
No sale or transfer shall relieve such Lot from liability for any assess-
ments thereafter becoming due or from the lien thereof.
ARTICLE V
ARCHITECTURAL AND TREE CONTROL
Section 1. No building, fence, wall or other structure shall be
commenced, erected or maintained upon the Properties, nor shall any exterior
addition to or change or alteration therein be made until the plans and
specifications showing the nature, kind, shape, height, materials, and
location of the same shall have been submitted to and approved in writing
as to harmony of external design and location in relation to surrounding
' structures and topography by the Board of Directors of the Association, or
by an architectural control committee composed of three (3) or more represent-
atives appointed by the Board. In the event said Board, or its designated
committee, fails to approve or disapprove such design and location within
thirty (30) days after said plans and specifications have been submitted
to it, approval will not be required and this Article will be deemed to
have been fully complied with.
Section 2. Easements. Easements for installation and maintenance of
utilities, native growth protection area, stream protection easement, and
drainage facilities are reserved as shown on the recorded plat. Within these
easements, no structure, planting, or other material shall be placed or
permitted to remain which may damage or interfere with same. The easement
area of each lot and all improvements in it shall be maintained continously
by the owner of the lot, except for those improvements for which a public
authority or utility company is responsible.
An easement for entryway landscaping is reserved on L� ots 2, 3 and 67 ,
as follows: The westerly and southwesterly 10 feet of Lot 67 beginning at
the north property line of Lot 67 and extending southerly and easterly to a
Yi� perpendicular to the point of Lot 67 right-of-way radius tangency with
N.E, lst Place. TOGETHER WITH the westerly 10 feet of Lot 3 and the westerly
and northwesterly 10 feet of Lot 2 beginning at the south property line of
Lot 2 and extending northerly and easterly to a line perpendicular to the
point of Lot 2 right-of-way radius tangency with N.E. lst Place. The ease-
ment area of Lots 2, 3 and 67 and all landscape improvements within the
easement area shall be maintained continuously by the Association.
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Section 3. No noxious or offensive activity shall be carried
on upon any lot, nor shall anything be done thereon which may or
may become an annoyance or nuisance to the neighborhood.
Section 4. No structure of a temporary character, trailer,
basement, tent, shack, garage, barn or any other outbuilding shall
be used on any Lot at any time as a residence, either temporarily
or permanently.
Section 5. Any dwelling or structure erected or placed on
any lot in this subdivision shall be completed as to external
appearance, including finish painting, within nine (9) months from
�� date of start of construction except for reasons beyond control in
which case a longer period may be permitted.
� Section 6 . No sign of any kind shall be displayed to the
p public view on any lot except one professional sign of not more than
� one square foot, one sign of not more than five feet advertising
� the property for sale or rent, or signs used by a builder to advertise
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the property during the construction and sales period.
Section 7. No animals, livestock or poultry of any kind shall
be raised, bred or kept on any lot except that dogs, cats, or other
household pets may be kept, provided that they are not kept, bred
or maintained for any commercial purpose.
Section 8. No lot shall be used or maintained as a dumping
ground for rubbish; trash, garbage, or other waste shall not be kept
except in sanitary containers. All incinerators or other equipment
for the storage or disposal of such material shall be kept in a
clean and sanitary condition.
Section 9 . No living native evergreen plant material shall
be removed from those areas covered by a "Stream Protection Ease-
ment" . Vehicular access will be prohibited except for the purpose
of maintenance.
Section 10. No oil drilling, oil development operations,
oil refining, quarrying or mining operations of any kind shall be
permitted upon or in any lot, nor shall oil wells, tanks, tunnels,
mineral excavations or shafts be permitted upon or in any lot. No
derrick or other structure designed for the use in boring for oil
or natural gas shall be ere�cted,, maintained or permitted upon any Lot.
Section 11. No fence, wall, hedge, or mass planting, other
than foundation planting, shall be permitted to extend nearer to
any street than the minimum setback line, except that 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 retaining wall, provided however, that no fence,
wall, hedge or mass planting shall at any time, where permitted,
extend higher than five feet above ground.
Section 12. No individual sewage disposal system shall be
permitted on any lot.
Section 13. No individual water supply system shall be
permitted on any lot.
Section 14 . Non-dangerous, native evergreen trees shall be
saved on the lots wherever they do not interfere with the reasonable
placement of the house, driveway, utilities, patio, decks, etc.
Section 15 . Declarant, their heirs, successors, and assigns,
agree to participatein, sign a petition in support of, and accept
any future Local Improvement District (LID) or city initiated
proposal, and pay their fair share thereof, for the purposes of
providing the necessary off-site improvements of Union Avenue,
including but not limited to left turn lanes, channelization and
signalization of its intersection with N.E. 4th Street.
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ARTICLE VI
GENERAL PROVISIONS
Section 1. Enforcement. The association, or any Onwer, shall
have the right to enforce, by any proceeding at law, or in equity,
all restrictions, conditions, covenants, reservations, liens and
charges now or hereafter imposed by the provisions of this Declaration.
Failure by the Association or any Owner to enforce any covenants or
restriction herein contained shall in no event be deemed a waiver
of the right to do so thereafter.
d, Section 2 . Severability. Invalidation of any one of these
� covenants or restrictions by judgment or court order shall in no
Q wise affect any other provisions which shall remain in full force
� and effect.
�
Q Section 3. Amendment. The covenants and restrictions of this
� Declaration shall run with and bind the land for a term of twenty
� (20) years from the date this Declaration is recorded, after which
time they shall be automatically extended for successive periods
of ten (10) years. This Declaration may be amended during the first
twenty (20) years period by an instrument signed by not less than
' ninety percent (900) of the Lot Owners, and thereafter by an instru-
ment signed by not less than seventy-five percent (750) of the Lot
Owners. Any amendment must be recorded.
Section 4 . Annexation. Additional residential property and
I Common Area may be annexed to the Properties with the consent of
two-thirds (2/3) of each class of inembers.
Section 5. FHA/VA Approval. As long as there is a Class B
membership, the following actions will require the prior approval
of the Federal Housing Administration or the Veterans Administration:
Annexation of additional properties, dedication of Common Area, ,
and amendment of this Declaration of Covenants, Conditions and
Restrictions.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein,
has hereunto set its hand and seal this llth day of September ,
1984 .
WICK HOMES, INC.
Declarant !
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By:
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By:
.
SAVINGS BANK OF PUGET SOUND �
By:
��,K • /�!,@,(. /4.F�.
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STATE OF WASHI GTON )
) ss
COUNTY OF � ^ )
On this _�day of � , 1984 , before me,
the undersigned, Notary 1 ' c in a d for the State of
' ngton, du ommissioned and sw n, per on ly appeared
a ,
to me known to b the and
of WICK HOMES, INC. , the corporation that ex ted the fore-
t�+ going instrument, and acknowledged the said instrument to
� be the free and voluntary act and deed of said corpora��qi�5✓�;�
0 for the uses and purposes therein mentioned, and on, �b���••.yp
t�t stated that authorized to execute the said ins$rty�tg1�,t,. ','�,Y -
� A t�n ( fJ/� . �': ►�-
� WITNESS my hand and official seal hereto affix� t�k�e - '� �: �
er day and year first above written. � .� ?' � •;,; '�:'f
� , ,
NOTA PUBLIC in and for t e ate of
Wash gton, residing at `
STATE OF WASHINGTON )
) ss
COUNTY OF /,G�l''' )
� �-- /� "
On this �[�day of .e r,fyyZ�'e , 1984 , before me,
the undersigned, a Notary Pu ic in and for the State of
Washington, �duly c mmissioned and sworn, personally appeared
� 2,� C. ,�.y , to be known to be the
;c.2, ,2�� of SAVINGS BANK OF PUGET SOUND,
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 use and purposes
therein mentioned and on oath stated that�s,�,authorized
to execute t S rument.
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WIT S�.•' '•c�n fficial seal hereto affixed the
day and ar=' �r.�� ' tten.
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*�� p.« G �N^,:* C.����-C " . C �12�
t�:�� VBL� �,�� NOTARY PUBLI in and for the State of
.
9�'•BER 3'�,:•�� Washington, residing at ���
'�,o� ��+A��'a
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