HomeMy WebLinkAboutRC 8703130544 , � , , � ' ' FPc�D- 0 5�3-k�
.
•���rri���� ��:��R� ��Y ���(VL�1 �� F� 4S�— �G
. • G�c-A�t-f f3�eA ss ��.
�i�R ��f�N�CIT�C�FRK DECLAR�4TI ON OF _
f?�:s�����tUNICIPqI BLDG. =�� �
� �, ����� ��
:i��'r�i�II�E.$O. COVENANTS, CONDITIONS AND RESTRICTIONS " �'
fiENiON,WA 530�5 .��- _-�,-.:� -`�g g 7 �
This Declaration is made the Z7'`� day of 'f',q��,,9ie�� J , , _f9�[i, �
by Glambrass, a Washington General Partnership. �'
r_
1. RECITALS: „ `"
� T_
_ � �'
A. Declarant is the owner of real estate situated in King C�unty '��Jash- -`
ington, described as follows:
The South 150 feet of the North 495 feet of the East 435.8 feet of the
Southeast quarter of the Northeast quarter of Section 16, Township 23
North, Range 5 East, W.M, EXCEPT all coal and minerals and the right
� to explore for and mine the same as excluded in deed recorded under
•� Auditor's file no. 3626711, and EXCEPT the East 30 feet for 132nd Avenue
O S.E. ,
M
— which has been subdivided and is now described as follows:
M
� Lots 1 through 5 and Tracts A, B, C and D, according to the Plat of
�
�p Glambrass II.
B. Delcarant has established a general plan, set forth in this Declara-
tion, for the subdividions, improvement and development of the real property,
and any additional real property that may be annexed to this Declaration, and
desires to secure the harmonious and uniform development of the real property
in accordance with this plan.
C. Declarant declares that the Property, and each and every lot and
parcel on it is, and shall be, held, conveyed, hypothecated, encumbered, leased,
rented, used and occupied sub�ect to the following limitations: reservations,
covenants, conditions, servitudes, liens and charges, all of which are declared
and agreed to be in futherance of and pursuant to a general plan for the develop-
ment of the Property, and all of which are declared and agreed to for the purpose
of enhancing, maintaining and protecting the value and attractiveness of the
Property. These provisions are imposed upon Declarant, the Owners and the As-
sociation and are for the benefit of all Lots and the Common Area, and shall
bind the Owners and the Association. These provisions shall be a burden upon
and a benefit not only to the original Owner of each Lot and the Association
but also to their successors and assigns. All covenants are intended as and
are declared to be covenants running with the land as well as equitable servi-
tudes upon the land.
2. DEFINITIONAL CLAUSES:
A. "Association" means the 135 Union Court Owners Association, a non-
profit unincorporated association for the benefit of the Owners of the above-
described properties, their successors and assigns.
B. "By-Laws" means the Associations By-Laws and any amendments.
�`'_ .:'+=t''>.`1:; ��t��� �:�
t��+`'_:::s.��' � . � . swt i�'r
{w�-3�;N�-'s_. »:�+:��:;. 1 . ;:�t�s ,
�
. �
. � � , �
•� t
► ,
' C. "Association Rules" means the rules and regulations adopted by the
Association from time to time regulating the use and enjoyment of the Common
Area.
D. "Common Area" means the land designated as Tracts A,B,C & D as shown
on the subdivision map which shall be owned as tenants in common by the Owners
of Lots 1 through 5.
E. "County" means the County of King, the county in which the project
is located.
F. "Declarant" means Glambrass and 135 Union Court Owners Association,
and it's successors and assigns, if such successors and assigns are assigned
the rights of Declarant pursuant to Paragraph 10 if such successor or assign
is a mortgagee acquiring Declarant's interest in the Project by foreclosure
or by deed in lieu of foreclosure.
_ v, G. "Declaration" means this Declaration of Covenants, Conditions and
� Restrictions and it's amendments, modifications or supplements.
�
MH. "Lot" means any plot of land numbered 1 through 5 inclusive, as
shown on the subdivision map and any other plot of land designed as "Lot"
Oin any recorded supplement to the Declaration.
�
Gp I. "Member" means every person or entity holding a membership in the
Association.
J. "Mortgage" means a mortgage or deed of trust or real estate contract
on a Lot or other portion of the Project. A "Mortgagee" shall include the
beneficiary under a deed of trust, a Seller on a real estate contract and
any guarantor or insured of a mortgage. An "institutional" mortgagee is
a mortgagee that is a bank or savings and loan association or mortgage co�mq�any
or other entity chartered or licensed under federal and state laws whos��
principal business is lending money on the security of real property or in-
vesting in such loans, or any insurance company or any federal or state agency
;� or instrumentality, including, without limitation, the Federal National Mort-
gage Association and the Federal Home Loan Mortgage Corporation. A "first"
mortgage, or "first" mortgagee is one having priority as to all other mort-
gages or holders of mortgages encumbering the same lot or other portions
of the Pro�ect.
K. "Owner" means each person or entity holding a record ownership in-
terest in a Lot, including Declarant, and contract Buyer under recorded con-
tracts of a sale. "Owner" shall also mean members of the Association, and
"Ownership" shall include membership in the Association. ' "Owner" shall not
include persons or entities who hold an interest in a Lot merely as security
for the performance of an obligation.
�t
�;
;�'
�,;
.� .
, • ,
' L. "Project" of "Development" means the Property and any additional real
property that may be annexed that is to be developed and improved, and the
improvements on the Property.
M. "Property" means the real property described in Recitals and such
additional real property as may later be annexed to the Project and become
subject to the provisions of this Declaration and any Supplement of the Declar-
ation recorded in accordance with this Declaration.
N. "Subdivision Map" means the recorded final subdivision map for the
Plat of Glambrass II described in the Recitals and any recorded final sub-
division map for the real property annexed.
3. COMMON AREA:
Common Areas shall be owned as tenants in common by the Owners of Lots
1 through 5 for the following purposes:
'�
� (1) driveways and roads for ingress and egress to the individual lots
t.f) of owners.
� (2) for utilities (sewers, water, electricity, telephone, T.V. cable,
Mgas, etc. ) which are for the benefit of the Owners;
c'') (3) for parking by Owners in parking spaces which adjoin their individual
0 lots and which are located in the Common Areas;
� (4) for such other use of the owners as they shall set forth in the By-
Laws of their Association or in their Rules and Regulations.
4. HOMEOWNERS ASSOCIATION:
All Owners shall be members of an unincorporated homeowners association
and each member shall have one vote for each lot owned.
5. PURPOSE:
The purpose of the Association shall be to maintain the Common Areas and
to enforce the maintenance of the exteriors of Owners buildings and improve-
ments and yards of their respective lots.
6. APPROVAL OF MODIFICATIONS OR ADDITIONS:
The AssoCiatiom m�s� 'approve ��8'tty��improvemeats, moa33fications dr .additi�ons
Lo tlte exterior'of��Owrcers �existing bui�idings and the p�acement of ��ny adcritiona�
sLtucto=s,' tnciuding teaces�, on`an _(�ners Lot.
7. MANAGER:
Glambrass shall be the manager of the Homeowners Association as long as
it owns a lot in the complex.
The Owners shall pay monthly to the manager of the Homeowners Association
an amount estimated to cover the cost of maintaining the Common Areas. Manager
shall be responsible for the maintenance of the Common Areas and shall have
r
/
.� • ,
.�; � '
� ' the authority to employ such persons or firms as the Manager finds reasonable
, �and necessary to do so. However, Manager shall not pay more for such services
than is standard in the area.
If the amount of monthly payments the Manager estimated were required
to cover the expenses of maintaining the Common Areas, should prove to be in-
sufficient to do so the Manager may collect from each homeowner the deficiency
and increase the amount of the monthly maintenance charges.
If an Owner fails to maintain the exterior of his improvements or his
yeard in a satisfactory condition, the Manager may (after giving the Owner
30 days written notice as to his or her intention to do so if the Owner hasn't
corrected the unsatisfactory condition within 30 days after the giving of said
notice) correct the unsatisfactory condition at the Owners expense and such
Owner hereby appoints the Manager as his agent for such purpose.
After Glambrass no longer owns any Lots in the complex the homeowners
� shall elect a Manager to maintain the Common Areas and see that the Owners
� maintain their individual properties according to these Declarations.
� The homeowners shall meet once a g:
l"') year to do the followin
M (1) elect a manager;
O
�. (2) establish a monthly fee;
� (3) review contracts with outside persons or firms providing maintenance
servcies to the Association;
(4) approve purchase of any necessary tools, supplies and materials;
(5) to review an accounting provided by the Manager showing the monies
received by him during the year and all expenditures for the year.
The Homeowners Association may carry liability or such other insurance
as it feels necessary to protect itself.
No Manager or any agent of the Homeowners Association of the Declarant,
when acting in such capacity, shall be liable to any Owner or to any other
party, including the Association, for any damage, loss, or pre�udice suffered
or claimed on account of any acts, omission, error or negligence of any such
person if such person has acted in good faith and in a manner such person rea-
sonably believed to be in the best interest of the Association.
Any Owner may at any reasonable time inspect, copy or make extracts of
any books, records, and documents of the Association.
8. VOTING RIGHTS: .
Except as otherwise provided in this Declaration, or the By-Laws, all
matters requiring the approval of Owners shall be deemed approved if Owners
holding a ma�ority of the total voting power of all Owners ascent to them by
written consent or if approved at any duly called regular or special meeting
at which a quorum is present, a quorum being a meeting where Owners holding
a ma�ority of the voting power are present, bq a ma�ority vote of the total
voting power present at said meeting, either in person or by proxy.
9. ASSESSMENTS:
A. Agreement to Pay. The Declarant covenants and agrees for each Lot
owned by it in the Pro�ect that is expressly made sub�ect to assessments as
,�
� • � I r
. �
set forth in this Declaration, and each Owner by acceptance of a deed covenants
and agrees for each Lot owned, to pay to the Association the regular and spe-
cial assessments levied in accordance with the provision of this Declaration,
and to allow the Associatian to enforce any assessment lien established in
accordance with the provisions of this Declaratian by non-judicial proceedings
under a power af sale or by any other means authorized by law.
B. Assessments as Persanal Obligatians af Owner. Each assessment or
installment, tagether with any late charge, interest, collectian cost, and
( reasonable attorney's fees, shall be the persanal abligation of the Owner at
the time such assessment or installment becomes due and payable. If there
is more than one owner of a particular Lot, each owner shall be �aintly and
� � severally liable. The personal abligations for any delinquent assessments
� or installments and related sums shall not pass ta an owner's successor in
Ointerest unless express2y assumed by that successor in interest. No owner
,,,,�„ may be relieved from the abligations to pay assessments ar install.ments by
�'y waiving the use ar enjayment af all or any partion of the Comman Area or the
O Qwner's Lot or by abandaning the Lot.
�
C. Assessment Period. Unless the Association determines otherwise, the
Assaciation's fiscal qear shall be a calendar year and the regular assessment
period shall cammence on January 1 of each year and shall terminate on December
31 of that year, provided that the first regular assessment periad for all
Lots shall commence on the first of the calendar month fo2lawing the date of
the closing af the first conveyance of a Lot and shall terminate on December
, 32 of that year,
�' D. Due Dates, Late Charges and Interest, At least ten days prior ta
! the commericement of any assessment, the Manager shall give each Owner written
notice of the amount of assessment , and the due date . The notice
need only be given once for any assessment paid in installments .
Linless the Manager specifies otherwise, the installment due dates sha1Z be
the first day of each month.
Any assessment payment, including any installment payment, shall become
delinquent if payment is not received the Assaciation within thirty days after
it's due date. There shall be a late charge of $10,00 for each delinquent
payment and 1� of any amount in excess of $1,000.00. Interest alsa shall
accrue an any delinquent payment at the rate of 10% per annum or at such rate
as the Owners may impose from time to time. Late charges an@ interest shall
accrue from the first day following the due date af the assessment thraugh
and including the date payment is received by the Assaciatian,
E, Creation of Assessment Lien. A delinquent assessment or installment,
together with any accompanying late charges, interest, cast (including reason-
able attorney's fees), and penalties as may be authorized under this Declaration
shall become a lien an the Lot against which the assessment was levied on the
recordatian in the office of the County Recorder a notice of said lien. The
natice shall describe the amount af the delinquent assessment ar installment,
the related charges authorized by this Declaration, a description af the Lot �
and the name af the Owner; and shall be signed by the Manager, ar any twa owners
I .
�
�
�
. � • ' �
.. ,• , , I
; . �
• +of the Association or by an agent authorized by the Association to do so.
Unless the Association considers the immediate recording of the notice
to be in the best interest of the Association, the notice shall not be recorded
until 15 calendar days after the Association has delivered a written notice
of default and a demand for payment. Upon payment of a delinquent assessment
or installment and related charges the Association shall record a notice of
, satisfaction and release of lien.
F. Foreclosure Under Assessment Lien. Not more than one year nor less
than 15 days after the recording of the notice of assessment, the Board may
� enforce any assessment lien established hereunder by filing an action for judi-
� cial foreclosure. If the default is curred before completing a judicial fore-
� closure, including payment of all costs and expenses incurred by the Associa-
M tion, the Association shall record a notice of satisfaction and release of
_ lien. The lien shall also terminate if a foreclosure action is not commenced
' O within one year from the date of filing said lien.
� 10. AMENDMENT OF DECLARATION:
�
A. Amendment Before Close of First Sale. Before the close of the first
sale of a Lot in the Project to a purchaser other than Declarant, this De-
' claration and any Amendments to it may be amended in any respect or r�voked
by the execution by Declarant and any mortgagee of record of an instrument
amending or revoking this Declaration.
B. Amendment After Close of First Sale. After the close of the first
sale of a Lot in the Project to a purchaser other than Declarant, this Declara-
tion may be amended or revoked in any respect by the vote or written consent
of the owners of a majority of the Lots.
' C. Amendments to Conform with Mortgagee Requirements. It is the intent
of the Declarant that this Declaration and any By-Laws of the Association,
and the Pro�ect in general, shall now and in the future meet all requirements
necessary to purchase, guarantee, insure, or subsidize any mortgage of a Lot
' in the Pro�ect by the Federal Home Loan Mortgage Corporation, the Federal Na-
tional Mortgage Association, the Federal Housing Administration, and the Vet-
erans Administration. The Association and each Owner shall take any action
or shall adopt any resolutions required by Declarant or any mortgagee to conform
this Declaration of the Project to the requirments of any of these entities
or agencies.
11. NOTIFICATION OF SALE: -
Concurrently with the consummation of the sale of any Lot under circum-
stances where the Transferee becomes an Owner of the Lot, or within 5 business
days thereafter, the transferee shall notify the Association in writing of
such sale. Such notification shall set forth the name of the transferee and
his mortgagee and transferor, the common address of the Lot purchased by the
transferor, the tranferees and the mortgagees mailing address and the date
of sale. Before the receipt of such notification any and all communications
required or permitted to be given the Association or the Manager shall be deemed
to be duly made and given to the transferee if duly and timely made and given
to the transferees transferor. Mailing addresses may be changed at any time
, . ' • ' . � �
, ,.'., . .
r 1 '
�
upan written notification to the Assaciatian. Natices shall be deemed I
received 48 hours after mailing if mailed to the transferee, or to his
transferor if the Association has received no notice of transfer as above
provided at the mailing address above specified.
I2. STANDARDS OF MAINTENANCE:
A. The cammon areas - roadways, driveways ancl cammon Iandscape areas-
� shall be maintained to City of Rentan standards.
d"
� B. All structures must retain a comman, not necessarily exact, ex-
(� terior appearance,
�..
� C. There shall be na construction within the common areas, and es-
0
�. pecially within 5 feet of the dweiling units to be built on the Property.
GO
D. Na provisian of this paragraph 12 may be nullified, changed or
modified or amended by the Declarant or by the Homeowner's Association
or it 's members.
Declarant has executed this instrument as of the z7�� day o£ �A,u4�I�y
, 1987.
� �+�-.SR� r s �T�
��µ��u�� DECLARANT
,;*'
.•��c-��'S Q"�.� J ,��
;`c•• ',�,;`' . :
�� «
� - : x t� ; BY
� �, ^ `a _
.»'• -- —.
-- - �r,�•.,,�,� , �-r
�. . . .w
�� r(}� ,.
STAT�"C3F �„iASu-rNrTON
ss.
Counry of �ng
On this 27tk�day af Jan� rv _ ,A. D. 19_..$Z_,befare me,the undersigned,a Notary
Public ia and for the State af Washingt on , duly cammissioned and swarn pexsonally appeared
Eclward CzS2Il,z�7 P' --
to me known to be the individual�described in and wha executed the foregoing instrument, and acknowledged to e
that�he�signed and sealed the said instrument as.—.hi.�—free and voluntary act and deed for#he uses and purpo es
therein mentioned.
WITNESS my hand and official seal hereto af�xed the day and year in this certificat�above wntten.
�.-,��,n.�� �- ; _
Notary Public in and for zhe State of Tdc�Sh����-,.tsL—
residingat SE'attl�
My commissian expires 3-19-90
(Acknowledgment by Individual. Washington Title Ineurance Company. Form L 28)
� _