HomeMy WebLinkAboutRC 9101140963 . .• - '
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F�:.ED �`tt�ECORD AT REQUES� U� FP-117-90 ,
OF�E OF THE CITY CLERK
REN�ON (�1NICIPAL BtDG.
206 MILL RVE. S0.
`'���N, WA 98055 DECLARATION OF
PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS
KOHL PARK ADDITION
THIS INDENTURE AND DECLARATION running with the land, made
this •3/� day of )�.., ,.,,� , 1990 , by KOHL EXCAVATING,
INC. , a Washington corporation ( "Declarant" ) ,
WITNESSETH:
WHEREAS, Declarant is the owner in fee of certain real
property ( the "Real Property" ) described as Kohl Park Addition,
consisting of Lots 1 through 6 ( the "Lots" ) , under Auditor' s No.
, records of King County, Washington, .
WHEREA,S-, Declarant desires to impose certain protective
covenantsi�Zpon the Real Property for the mutual benefit of all
owners , present and future ;
NOW, THEREFORE, Declarant hereby declares as follows :
� ARTICLE I
C`7
� 1 . 1 Declaration. The Lots shall be held, sold and conveyed
� subject to the easements, covenants , conditions and restrictions
'�t set forth herein, all of which are for the purpose of enhancing
= and protecting the value , desirability and attractiveness of the
Q Lots. Such easements , covenants , conditions and restrictions
shall run with the land and shall be binding on all parties
� having or acquiring any right , title or interest in any Lot and
shall inure to the benefit of each owner thereof ; and are imposed
upon each Lot as a servitude in favor of each and ever,y other Lot
as the dominant tenement.
1 . 2 Term. This Declaration shall be effective for an
initial term, expiring December 31 , 2010 , and thereafter by
automatic extension for successive periods of ten ( 10 ) years
each, unless terminated, at the expiration of the initial term or
any succeeding ten-year term by a Termination Agreement executed
by the then owners of not less than seventy-five percent ( 75%) of
the Lots then subject to this Declaration.
1 . 3 The Architectural
Architectural Control Committee .
Control Committee ( "ACC" } shall consist of not more than three
( 3 ) members who shall be appointed initially by Declarant and
remain in office until such time as seventy-five percent ( 7596) of
the Lots subject to this Declaration and any Supplemental
Declarations have been built upon and conveyed from the home
builder to a consumer. At an,y time prior to the resale of
seventy-five ( 75% ) of the Lots to the consumer, Declarant
reserves the right to extend the initial appointment of the ACC
for a period of time not to exceed four ( 4 y years from the date
of the extension. Declarant further reserves unto itself the
right to dissolve the ACC appointed by Declarant , thereby vesting
the membership of the Homeowners Asso�iation with the authority
to meet and appoint a successor ACC . The ACC may desi�nate a
single person to act on behalf of the ACC . No member of the ACC
shall be entitled to compensation. The initial P.CC shall consist
of:
Mr. Ivan Christianson
Kohl Excavating , Inc .
3330 East Valley Road T
Renton, WA 98055 4 j�'�i`'�4 #rt9�.. 7F�
�Fi1C� F 1+:�,t1�j
Mr. Delores Christianson �F►�FFF r. ►�O
CF=1�H;l_ h"+:�►:J :'� ilf'i
Kohl Excavating, Inc . ���
3330 East Valley Road
Renton, WA 98055
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1 . 4 Homeowners Association. A Homeowners Association shall
be created to manage , administer and maintain the entire property
of Kohl Park Addition.
ARTICLE II
2 . 1 Easements . On each lot , an easement is reserved under
and upon five-foot strips of land parallel and adjacent to front
and rear boundary lines and to side-street boundary lines , and
under and upon two and one-half ( 2-1/2 ) foot strips of land
, adjacent to the side boundary lines ( except any side street
boundary lines ) for utility installation and maintenance ,
including but not limited to power, telephone , water, sewer,
drainage and gas , to�ether with the right to enter upon the lot
at all times for such purposes . Additional utility easements are
reserved as shown on the recorded plat , and others may also be
recorded if required by governmental agencies or other bodies.
Within such strips no structure , planting or other material shall
be placed or permitted to remain which may damage or interfere
with the installation and maintenance of utilities , or which may
change , obstruct or retard the flow of water through drainage
_ channels . Such easement areas and all improvements therein shall
be maintained by the owner of the lot , except as to utilities
services improvements located therein, which are the
responsibility of the utility entity owning such improvements .
Fencing and landscape plantings are permitted on site �and rear
�,,� property lines as approved by the ACC.
�D
� 2 . 2 �ervices. No building shall be located on any lot
,�, nearer to the lot lines than required by the codes and ordinances
_ governed by King County. Builder must have specific written
� approval from the ACC on the placement of the house prior to
commencing construction.
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' ARTICLE III
3 . 1 Site Pregaration. Clearing and grading , including , but
not limited to the cutting or transplanting of natural vegetation
on any lot , shall not be undertaken until plans for the single-
family dwelling to be constructed thereon are approved by the ACC
as provided for herein.
3 . 2 �onstruction Approval . No building or other structure
shall be commenced, erected or altered upon any lot , nor shall
any exterior addition be made until the construction plans and
specifications and a plot plan showing the nature, kind, shape ,
height, materials , colors and location of the same shall have
been submitted to and approved in writing by the ACC as to
harmony of exterior design and location in relation to, and its
effect upon, surrounding structures and topography. If the ACC
fails to approve or disapprove such design and location within
fifteen ( 15 ) days after such plans and specifications have been
received by it , approval will not be required, and this Article
will be deemed to have been fully complied with. Al1 plans ,
specification and plot plans are to be submitted to the Committee
at the following address : Kohl Excavating , Inc . , 3330 East
Valley Road, Renton, Washington 98055 , or at such other address
as may hereafter be given in writing to the lot owners by the
Declarant or the ACC.
3 . 3 Construction Time . Any dwelling or structure erected
or placed on any lot shall be completed as to external
appearance , including finish painting and landscaping , within six
( 6 ) months from date framing commences . The landscaping shall be
completed within the six- ( 6 ) month time frame is inclusive of
the lawn, rockery, shrubbery, etc . for the entire front yard, lot
line to lot line.
3 . 4 Site of Improvements . Sin�le-family dwelling units,
excluding garages , porches , and eaves shall have a living area of
not less than 1 , 400 square feet for multi-level construction.
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Single-level dwellings must have a finished living area of not
less than 1 , 000 square feet .
� 3 . 5 Roofs . Roofs on all buildings in Kohl Park Addition
must be finished with 100� natural wood cedar shakes or 100%
natural wood cedar shingles unless written approval for use of
other materials is granted by the ACC prior to construction. No
flat roofs shall be allowed.
3 . 6 Driveway�. All driveways, exterior walks, and patios
shall be exposed concrete unless approval for use of other
materials is granted by the ACC.
3 . 7 Eences , No fence , wall , or hedge shall be erected or
placed on any lot nearer to any street than the minimum building
setback line, or the actual building setback lines , whichever is
further from the street , except that nothing shall prevent the
erection of a necessary retaining wall , the top of which does not
extend more than two ( 2 } feet above the finished grade at the
back of said wall . Fences bordering greenbelt areas shall be
erected with the finished side facing the greenbelt areas . No
fencing shall be permitted in the front yard. On corner lots,
fencing shall only be allowed from the rear corner of the house
to the rear lot line along the exterior side lot line . Al1
fencing shall be approved by the ACC prior to installation.
Fences shall be no higher than six ( 6 ) feet and said fenGe design
� shall be one of two prior approved designs . Exterior color of
� fences shall be one uniform color throughout Kohl Park Addition.
�
� 3 . 8 Garages. Garages are required and shall be
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— incorporated in or made a part of the dwelling house. No
� detached garages shall be permitted without written approyal from
_ the ACC. Single-car garages , carports , and detached garages are
Q� specifically prohibited.
3 . 9 "S -i k-B �i 1 " .on . � i �n , All dwell ings shall be of
a "stick-built" variety. Mobile homes , manufactured housing , and
modular homes are specifically not permitted.
3 . 10 Antennas/ a . 11i DiGhe . Exterior antennas and
satellite dishes are strictly prohibited unless written approval
by the ACC is granted.
3 . 11 Exterior Finishes . The exterior of each home shall be
finished with spruce , cedar, brick, authentic stone siding, or
OSB LAP siding . Stucco board shall be permitted on gable ends.
"T-111 " or equivalents are specifically prohibited, except for
eaves , soffits , and/or porches . Any deviations must have written
consent from the ACC .
ARTICLE IV
4 . 1 Business and Commercial Use . Except for model homes or
builders , temporary sales offices , no lot shall be used for other
than one detached single-family dwelling with the parking for not
more than three ( 3 ) cars , and no trade , craft , business ,
professions , or commercial or manufacturing enterprise or
business or commercial activit,y of any kind shall be conducted or
carried on upon any lot or within any building located on a lot ;
nor shall any goods , materials , or supplies used in connection
with any trade , service or business , wherever the same may be
conducted, be kept or stored, outside any building on any lot ;
nor shall any �oods , used for private purposes and not for trade
or business , be kept or stored outside any building on any lot.
4 . 2 Maintenance of Structures and LandscaDing . All
structures upon a lot shall at all times be maintained in good
condition and repair and be properly painted, stained, or
otherwise finished. All trees , hedges , shrubs , flowers , and
lawns shall be maintained and cultivated so that the lot is not
detrimental to the neighborhood as a whole . Slope banks upon any
lot shall be properly watered and maintained by the owner
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thereof. Lot owners shall be responsible for maintaining
"landscaping theme" set forth by the Declarant or Builder with
respect to individual cul-de-sacs and/or streets . The Kohl Park
Addition Homeowners Association shall be responsible for the
maintenance of the common facilities .
4 . 3 Vehicles. No recreational vehicle and/or commercial
vehicle, including but not limited to boats , campers , motor
homes, trucks in excess of three-quarter ( 3/4 ) ton, and trailers ,
whether operable or not , of any kind shall be parked, stored,
maintained, or constructed on any lot or street in such a manner
as to be visible from the street or neighboring lots .
4 . 3 Pets . No animals or fowls shall be raised, kept , or
permitted on any lot except domestic dogs , cats , and caged birds
kept within the dwelling unit ; provided such dogs , cats , and pet
birds are not permitted to run at large and are not permitted to
be kept , bred, or raised for commercial purposes or in
unreasonable numbers . No such household pet which is or becomes
an annoyance or nuisance to the neighborhood shall thereafter be
kept on any lot.
4 . 5 Garbage and Trash. No lot shall be used or maintained
as a dumping ground for rubbish. Trash, garbage and other waste
shall be kept only in sanitary containers properly screened and
shielded from adjacent properties . All equipment for th� storage
or disposal of such material shall be kept in a clean and
sanitary condition. No trash, refuse pile , vehicles, underbrush,
� compost pile or other unsightly growth or objects shall be
� allowed to rou
� g p, accumulate or remain on any lots so as to be a
� detriment to the neighborhood or become a fire hazard.
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_. 4 . 6 NoxiouG or Offensive Activitv. No noxious or offensive
� O activity shall be carried on upon any lot , nor shall anything be
� done or maintained thereon which may be or become an annoyance or
�
nuisance to the neighborhood or detract from its value .
4 . 7 �iater and Sewage Systems. Private wells and water
supply systems and private sewerage ( septic ) systems are
prohibited.
4 . 8 Temnorary Residence . No outbuilding, basement , tent,
shack, garage , trailer or shed or temporary building of any kind
shall be used as a residence either temporarily or permanently,
except for a construction shack used by an owner' s construction
contractor during the construction period.
4 . 9 Drilling, Mining , Etc . Exploration for any recovery of
minerals, oil and gas , sand and gravel or other materials , by any
means or method, is prohibited.
4 . 10 ��. No signs shall be displayed to the public view
on any lot except one professional sign of not more than one ( 1 )
square foot, one ( 1 ) sign of not more than five ( 5 ) square feet
advertising the property for sale or rent , or signs used by the
Declarant , or agents thereof , to advertise the property during
the construction and sales period. The ACC shall have the sole
jurisdiction on all signs within the boundaries of Kohl Park
Addition, including any and all common areas .
4 . 11 Homeowners Association. Every lot owner , by acceptance
of a deed or contract for such lot , is hereby deemed to covenant
and agree to membership in the Kohl Park Addition Homeowners
Association, for the purpose of owning property and property
right as common area for the benefit of homeowners , and for the
purposes of maintaining , repairing , replacing , or improving any
such property or any improvements placed thereon. Such
membership shall be appurtenant to the lot owned by such lot
owner and may not be transferred except by sale or transfer of
the lot itself. Every lot owner is further deemed to covenant
and agree to pay when due any and all dues , assessments , or other
charges that may be levied from time to time by the Kohl Park
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Addition Homeowners Association, in accordance with these
articles and/or the Articles of Incorporation of such
Association, and any sums not paid within thirty ( 30 ) days of the
date due shall become a continuing lien on the lot owned, which
lien may be foreclosed by the Association. Any lien created
hereby shall be subordinate only to any duly recorded purchase
money mortgage , deed of trust or real estate contract which
appears as a "first lien" against the lot .
4 . 12 Sommon ExFense�. The following expenses shall be
considered expenses in common with all the lot owners : purchase,
operation and maintenance of street lighting ; operation and
maintenance of common-area sprinkler systems and storm drainage
systems ; maintenance of common-area landscaping and fencing ; and
operation and maintenance of the common areas , including
designated common areas ( tracts } , Common expenses shall be
inclusive of the cost of liability and casualty insurance in
whatever amount is reasonable and deemed appropriate. The
responsibility for the common expenses herein shall be
administered by said Association. Homeowner dues shall be
initially fixed at $150 per year, prorated at closing of home and
._ further payable every July 1 , in advance for the forthcoming
year.
4 . 13 Non-liability of ACC and Homeowners Association
Members. Neither the ACC or the Homeowners Association,� nor any
member thereof, shall be liable to any owner, occupant , builder,
or developer for any damages , loss or prejudice suffered or
� claimed' on account of any action or failure to act of the
� tCommittee or member thereof, provided that the member has acted
O� in good faith and on the basis of the facts as known to him.
O
� ARTICLE V
� 5 . 1 Amendment . This Declaration can be amended at any time
� by Declarant prior to the sale of all Lots by the Declarant .
Thereafter, this Declaration can be amended by an affirmative
majority vote of the lot owners .
5 . 2 Enforcement . The Declarant or the ACC shall have the
right to enforce any provision of this Declaration or to recover
damages resulting from any violation thereof any proceeding at
law or in equity. Thirty { 30 ) days after written notice to the
owner of any lot setting forth a violation, Declarant, the ACC or
the agent of either may enter upon such lot , which entry shall
not be deemed a trespass , and take whatever steps are necessary
to correct the violation. The expenses thereof , if not paid by
such owner within thirty ( 30 ) da,ys after written notice and
billing, may be filed as a lien upon such lot . Failure. of the
Declarant or the ACC to enforce any provisions herein shall in no
event be deemed a waiver of the right to do so . In the event of
legal action, the prevailing party shall be entitled to recover
actual costs and reasonable attorney fees .
5 . 3 Severabilitv. Invalidation of any provisions hereof
shall not affect the other provisions , which shall remain in full
force and effect .
5 . 4 Notice . Any notice required hereunder shall be deemed
effective when personally delivered or when mailed by certified
mail to the owner of public record at the time of such mailing to
such owner' s address as appears on the King County tax records .
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IN WITNESS WHEREOF, the Declarant has hereunto set its hand
and corporate seal this 30� day of .��:.:.:_„ (�L� , 1990 .
KOHL EXCAVATING, INC. , a
Was ngto corporation
, i
gy. �'-t> � f
van Christianson
By � (/A-i�i �-/�l.Z�z•�ria-t�-
Delores Christianson
Acknowledgment
STATE OF WASHINGTON )
)
COUNTY OF KING )
On this 4� day of !/� '�h � , 1990 , before me , the
undersigned, a Notary Public in and for the State of Was ington,
duly commissioned and sworn, personally appeared ��� % �Or�LS�
� and �t:.5�'IVaSp., , to me known
to be the eo�le who signed as the and
�Sf1tS , respectively, of Kohl Exctavating,
Inc. , the corporation that executed the within and foregoing
� � instrument, and acknowledged said instrument to be the free and
�D voluntary act and deed of said corporation for the uses and
�' purposes therein mentioned, and on oath stated that they were
� dul elected ualified and actin for the cor oration, that they
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— were authorized to execute said instrument and that the seal
� affixed, if any, is the corporate seal of said corporation.
Q� IN WITNESS WHEREOF, I have hereunto set my hand and official
seal the day and year first above written.
- NOTARY PUBLIC i and for the
" State of Washington, residing
_ a t ,� �
- My commission expires -��91-
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STATE of `YVASHINGT�ON SECREZARY' of STA�E
I, Ralph Munro, Secretary of State of the State of Washington and custodian of its seai,
hereby certify that
CERT`IFICATE OF INCORPORATION
, . . of
-KOHL . PARK ADDITION HOMEOWNERS ASSOCIAT.ION
� :`;t
,;. ,., , . ,,.. .. ,. ; ; . ''�=z.
��'' .s�,,r�!'� �' ` � � '' ' , .,. . .. ��.,:
a �� Washington Non Profit� � �' corporation,
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was/were filed for record in this office on the date indicated below. �
.s�� :.... � . ,.
�.,�.
Corporation Number; 6 01 2 8 9. 10 8 Date: 'pec embe r 12 , 19 9 0
' crrr o�a�rori
, �E C E 6 V E
�' - JAN - 3 1990
. BUILDING DIVISION
Given under my hand and the seal of the State
of Washington, at Olympia, the State Capitol.
uN�
Ralph Munro, Secietary ol S�ate
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�"�.�..` ` . r ,; �' + 2-432940-8
•Y4.'',d, f
SSF 88
•: � ��� ��y /a� FlLED � ,
� � STATE OF WA�NING�ON
D�C � 2 1990
R�LPN MUN90 �
SFCHETARY�3�STATE �
ARTICLES OF INCORPORATION G
OF '
KOHL PARK ADDITION HOMEOWNERS ASSOCIATION
A Washington Non-Profit Corporation
�
The undersigned , being over the age of eighteen ( 18 ) years , i
for the purpose of forming a non-profit corporation under
RCk' 2-� . 03 , hereb3� certifies and adopts the following Articles of
Incorporation:
ARTIC'�.,E I
?vame and Dtiration
The name of the corporation is I�ohl Park addition Homeowners
�ssociation ( the "Corporation" ) and its duration shall be
perpetual .
:�RTICLE II
Purpose� -
The purposes of the Corporation are as follows :
1 . To determine , establish and administer all policies ,
rtiles and re7lzlations �overning the uses , purposes and
mainteriance of the property and to go�-ern the business affairs of
the Gorporation relating to the occupanc3� and use of the property
known as kohl Park Addition in conformit3- with the Declaration of
Protective Covenants , Conditions and Restrictions of Kohl Park i
Addition and any amendments thereto , and the Bylaws adopted '
hereunder , except as restricted by law. �
2 . In ft�rtherance of and not in limitation of the general
powers conferred by the laws of the State of Washington, the
Gor•poration shall also ha�e the po�aer to engage in all such
- acti�-ities as are incidental or conducive to the attainment of
the purposes of this Corporation, or an� of them, and to exercise
any and all powers authorized or permitted to be done by a
Corporation under any laws that may be now or hereafter
applicable or available to this Corporation. ;
ARTICLE III �
Votin�
1 . Each lot in Kohl Park Addition shall be entitled to one
( 1 ) membership in the Corporation ( "Member" ) regardless of how
man3� persons actually own the lot or how many persons reside on �
such lot . �
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2 . At each election for directors , every Member entitled
to vote at such electian shall }�ave t.he right to vote , in person
or by pro:cy, the number of votes held by him for as many persons
as there are directors to be el.ected . No cumulative voting for
directors shall be permitted. ,
3 . In all other cases , each Member shall have the right to
vote on each matter submitted to a vote of the Members .
A�TZC,I,�TV
$_ u� ,�i"P� O f,is;� and Registered A;ent
The address of the initial registered office of the
Co�poration is care of P. 0. Box 6033 , .Federal Way, Washingtorl
98063-6033 , and the name of its initial registered agent at such
address is Brian A. McAloney. The physical address is 31620 23rd
Avenue S, Suite 200 , Federal Way, WA 98003 .
ARTICLE V
Board of Directors
The number of directors of the Corporation shall be fixed in
the manner specified in the B,ylaws of the Corporation. The
number of directors constituting the initial Boa.rd of Directors
of the Corporation is two ( 2 ) . The names and addresses of the
persons who are to serve as directors until their successors are
elected and qualified are as follows :
Nam Address
Ivan Christianson 3330 East Valley Road
Renton, WA 98055
Delores Chris�ianson 3330 East Valley Road
Renton, WA 98055
ARTICLE Vt
Limitation of T.iabilitv
Except as limited b,y the l�a.ws of the State of Washington ,
including but not limited to RCtd 24 . 03 . 025 ( 4 ) (c ) , the Corpor. ation
shall indemni.f,y and hold each da.rector and officer of the
Corporation harmless from any ar�d all costs , losses , liabilities
and expenses which may be i.rnpos«�d upon or incurred by him or her
in connection with or resulting from any claim, action, lawsuit ,
or proceeding in which he or shc� ma,y become involved as a party
or otheswise by reason of being or having been such direcl-,or or
officer , whether or not he or s}�e shal.l be adjudged liable for
negligence or misconduct in the performance of his or her dut� to
the Corporation.
ARTICLES OF INCORPORATION - 2
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ARTT_CL,�'_��T 7 �
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T_ncorp�_ator �
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The name and address of the incorporator are :
Brian A. McAlone3- �
F. O. Bax 6033
Federal Way, Washington 9$Q63-6033 �
ARTT VT T �
DiS�,rib��i on of A�s�ts
In the event of a dissalutibn af the Corporation , the net,
assets of the Corparatian shall be distributed to the Members in
proportion to their respecti.ve interests in the Corparatian.
r�RTTCLE J.�
am .ndm n .�
i . Ar�.icles of Incarporation. Ttie Corparatian reser�-es
the ri�ht to amend or repeal any- pro�-isions contained in these
.articl�s of Incorporztion , i.n a�7�- m�nt�er nac,- or hereafter
�crmi � i.Pci ��- la�; , arad all ri�hts arid p��:ers canferz-ed herein or1
�fenihez�� ar�d Directors are stibject to t'.zis reser�-ed �oc,er .
2 . Bylaws. Tl�e authorztl� to adop� , amend ar repeal the
B�-la�.s of the Gorporation is ��e�ted in t17e Board of Directors and
it mati- be exercised at an�- regular or special meeting of the
Baard . tiothin� herein shall deny the concurrent power of the
�iembers to adopt , amend or repeal the Bylaws .
i
I�v WITNESS WHEREOF, the inearporator has signed these '
Articles af Zncorporatian in duplicate an the /�'`'4day of
�.s'��.�.-�-���.-�c� , 1990 .
e
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IBRIA3v A. AL ', ncorparator
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� ARTICLES OF �NCORPORATION - 3 �
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CONSENT TO SEBVE AS REGISTERED AGENT
(
I , BRIAN A. McALONEY, hereb,y consent to serve as Registered
:�gent , in the St.ate of Washington, for the following corporation:
kohl Park Addition Homeowners Association . I understand that as j
agent for the Corporation it will be my responsibility to receive �
service of process in the name of the Corporation , to forward all
mail to the Corporation, and to immediately notify the office of
the Secretary of State in the event of my resignation, or of an�•
changes in the registered office address of the Corporation for
Hhich I am agent .
DATED this 12th day of December , 1990 .
� � � � i
BRIa'� :�. _;f ���@'�`E'I ,' Incorporator
P . O . Bot 6033
Federal ��a�- , ��ashin�t.on 98063
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ARTICLES OF INCORPORATION - 4 ^ ` �
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�ILED FCiR �ECORD AT REQUESi� l�� FP-117-90
OFFICE OF THE CITY CLERK
RENTON M�JNICIPAL BLDG.
200 N11LL AV�. S0.
''ENTON, WA 98055 DECLARATION OF
' PROTECTIVE COVENANTS , CONDITIONS AND RESTRICTIONS
KOHL PARK ADDITION
THIS INDENTURE AND DECLARATION running with the land , made
this -� ofi day of }(�.�� ,.,.� , 1990 , by KOHL EXCAVATING,
INC . , a Washington corporation ( "Declarant" } ,
WITNESSETH:
WHEREAS , Declarant is the owner in fee of certain real
property ( the "Real Property" ) described as Kohl Park Addition,
consisting of Lots 1 through 6 ( the "Lots" ) , under Auditor' s No .
9102260547 , records of King Count,y, Washington, .
WHEREAS , ,,� Declarant desires to impose certain protective
covenants upon the Real Property for the mutual benefit of all
owners , present and future ;
NOW, THEREFORE , Declarant hereby declares as follows :
� ARTICLE I
1 . 1 Declaration. The Lots shall be held , sold and conveyed
subject to the easements , covenants , conditions and restrictions
set forth herein, all of which are for the purpose of enhancing
and protecting the value , desirability and attractiveness of the
Lots . Such easements , covenants , conditions and restrictions
shall run with the land and shall be binding on all parties
having or acquiring any right , title or interest in any Lot and
shall inure to the benefit of each owner thereof ; and are imposed
, � upon each Lot as a servitude in favor of each and ever,y other Lot
�.., as the dominant tenement .
�
� 1 . 2 Term, This Declaration shall be effective for an
= initial term, expiring December 31 , 2010 , and thereafter by
� automatic extension for successive periods of ten ( 10 ) years
� each, unless terminated , at the expiration of the initial term or
� any succeeding ten-year term by a Termination Agreement executed
by the then owners of not less than seventy-five percent ( 75% ) of
the Lots then subject to this Declaration.
. 1 . 3 ArchitPct.ural Gontrol Committee . The Architectural
Control Committee ( "ACC" ) shall consist of not more than three
( 3 ) members who shall be appointed initialiy by Declarant and
remain in office until such time as seventy-five percent ( 75% ) of
the Lots subject to this Declaration and any Supplemental
Declarations have been built upon and conveyed from the home
builder to a consumer . At an,y time prior to the resale of
seventy-five ( 75% ) of the Lots to the consumer , Declarant
reserves the right to extend the initial appointment of the ACC
for a period of time not to exceed four ( 4 ) years from the date
of the extension. Declarant further reserves unto itself the
right to dissolve the ACC appointed by Declarant , thereby vesting
the membership of the Homeowners Association with the authority
to meet and appoint a successor ACC . The ACC may designate a
single person to act on behalf of the ACC . No member of the ACC
shall be entitled to compensation. The initial ACC shall consist
of :
�3./t�T�l f ##Cst��? �
Mr. Ivan Christianson REi=FEE �. �Cs
Kohl Excavating , Inc . �E����,� ��� ;��s .;,
3330 East Valley Road i=•a_H_� _ �►:�:�►:1�.. j�Ci
Renton, WA 98055 '
Mr . Delores Christianson CERTIFIC� �
Kohl Excavat ing , Inc . I, the undersigned,�r�l�►,J x� Clerk of the
3330 East Valley Road City of Renton, Washing�on, certifythatthis is atrue
Renton, wa 98055 andcorrectcopyof �h� r� CC-,1- I�'s
Subscribed and Se led this.l�r,�day 19�.
v
Clerk
. . • . ,. � 1
j �. i
1 . 4 Homeowners Association . A Homeowners Association shall
be created to manage , administer and maintain the entire property
of Kohl Park Addition .
ARTICLE II
2 . 1 Easements . On each lot , an easement is reserved under
and upon five-foot strips of land parallel and adjacent to front
and rear boundary lines and to side-street boundary lines , and
under and upon two and one-half ( 2-1/2 ) foot strips of land
adjacent to the side boundary lines ( except any side street
boundary lines ) for utility installation and maintenance ,
including but not limited to pawer , telephone , water , sewer,
drainage and gas , together with the right to enter upon the lot
at all times for such purposes . Additional utility easements are
reserved as shown on the recorded plat , and others may also be
recorded if required by governmental agencies or other bodies .
Within such strips no structure , planting or other material shall
be placed or permitted to remain which may damage or interfere
with the installation and maintenance of utilities , or which may
change , obstruct or retard the flow of water through drainage
.. channels . Such easement areas and all improvements therein shall
be maintained by the owner of the lot , except as to utilities
services improvements located therein, which are the
responsibility of the utility entity owning such improvements .
Fencing and landscape plantings are permitted on site _and rear
property lines as approved by the ACC .
2 . 2 Servjces . No building shall be located on any lot
nearer to the lot lines than required by the codes and ordinances
governed by King County. Builder must have specific written
� approval from the ACC on the placement of the house prior to
� commencing construction.
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_ ARTICLE III
� 3 . 1 Site Preparation . Clearing and grading , including , but
O
— not limited to the cutting or transplanting of natural vegetation
� on any lot , shall not be undertaken until plans for the single-
family dwelling to be constructed thereon are. approved by the ACC
as provided for herein.
3 . 2 .on� u .tion Agproval . No building or other structure
shall be commenced, erected or altered upon any lot , nor shall
any exterior addition be made until the construction plans and
specifications and a plot plan showing the nature , kind , shape ,
height , materials , colors and location of the same shall have
been submitted to and approved in writing by the ACC as to
harmony of exterior design and location in relation to , and its
effect upon, surrounding structures and topography. If the ACC
fails to approve or disapprove such design and location within
fifteen ( 15 ) days after such plans and specifications have been
received by it , approval will not be required , and this Article
will be deemed to have been fully complied with. All plans ,
specification and plot plans are to be submitted to the Committee
at the following address : Kohl Excavating , Inc . , 3330 East
Valley Road, Renton, Washington 98055 , or at such other address
as may hereafter be given in writing to the lot owners by the
Declarant or the ACC .
3 . 3 ConGtruc .ion Time . Any dwelling or structure erected
or placed on any lot shall be completed as to external
appearance , including finish painting and landscaping , within six
( 6 ) months from date framing commences . The landscaping shall be
completed within the six- ( 6 ) month time frame is inclusive of
the lawn, rockery, shrubbery, etc . for the entire front yard , lot
line to lot line .
3 . 4 Site of Tmprovements . Single-family dwelling units ,
excluding garages , porches , and eaves shall have a living area of
not less than 1 , 400 square feet for multi-level construction.
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. ,
Single-level dwellings must have a finished living area of not
less than 1 , 000 square feet .
' 3 . 5 Roofs . Roofs on all buildings in Kohl Park Addition
must be finished with 100% natural wood cedar shakes or 100%
natural wood cedar shingles unless written approval for use of
other materials is granted by the ACC prior to construction. No
flat roofs shall be allowed .
3 . 6 Drivewa,yy.. All driveways , exterior walks , and patios
shall be exposed concrete unless approval for use of other
materials is granted b,y the ACC .
3 . 7 Fences . No fence , wall , or hedge shall be erected or
placed on any lot nearer to any street than the minimum building
setback line , or the actual building setback lines , whichever is
further from the street , except that nothing shall prevent the
erection of a necessary retaining wall , the top of which does not
extend more than two ( 2 ) feet above the finished grade at the
back of said wall . Fences bordering greenbelt areas shall be
erected with the finished side facing the greenbelt areas . No
. fencing shall be permitted in the front yard . On corner lots ,
fencing shall only be allowed from the rear corner of the house
to the rear lot line along the exterior side lot line . Al1
fencing shall be approved by the ACC prior to installation.
Fences shall be no higher than six ( 6 ) feet and said fenGe design
shall be one of two prior approved designs . Exterior color of
fences shall be one uniform color throughout Kohl Park Addition.
� 3 . 8 Gara�es . Garages are required and shall be
.�}- incorporated in or made a part of the dwelling house . No
� detached garages shall be permitted without written approval from
_,_,_ the ACC . Single-car garages , carports , and detached garages are
---_ specifically prohibited .
C�
� 3 . 9 "Stick-Built" Construction . All dwellings shall be of
�
p� a "stick-built" variety. Mobile homes , manufactured housing , and
modular homes are specifically not permitted .
3 . 10 Antennas/Satellite Dishes . Exterior antennas and
satellite dishes are strictly prohibited unless written approval
by the ACC is granted .
3 . 11 Fxterior Finishes . The exterior of each home shall be
finished with spruce , cedar , brick, authentic stone siding , or
OSB LAP siding . Stucco board shall be permitted on gable ends .
"T-111 " or equivalents are specifically prohibited, except for
eaves , soffits , and/or porches . Any deviations must have written
consent from the ACC .
ARTICLE IV
4 . 1 Rll$lY1P$G and Commercial tlse . Except for model homes or
builders , temporary sales offices , no lot shall be used for other
than one detached single-family dwelling with the parking for not
more than three ( 3 ) cars , and no trade , craft , business ,
professions , or commercial or manufacturing enterprise or
business or commercial activit,y of any kind shall be conducted or
carried on upon any lot or within any building located on a lot ;
nor shall any goods , materials , or supplies used in connection
with any trade , service or business , wherever the same may be
conducted, be kept or stored , outside any building on any lot ;
nor shall any goods , used for private purposes and not for trade
or business , be kept or stored outside any building on any lot .
4 . 2 Main nan o S . � . � .s and LandGcapin� . All
structures upon a lot shall at all times be maintained in good
condition and repair and be properly painted, stained , or
otherwise finished . Al1 trees , hedges , shrubs , flowers , and
lawns shall be maintained and cultivated so that the lot is not
detrimental to the neighborhood as a whole . Slope banks upon any
lot shall be properly watered and maintained by the owner
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� •� •' • • ' . I
thereof. Lot owners shall be responsible for maintaining
"landscaping theme" set forth by the Declarant or Builder with
respect to individual cul-de-sacs and/or streets . The Kohl Park
Addition Homeowners Association shall be responsible for the
maintenance of the common facilities .
4 . 3 Vehicles . No recreational vehicle and/or commercial
vehicle , including but not limited to boats , campers , motor
homes , trucks in excess of three-quarter ( 3/4 ) ton, and trailers ,
, whether operable or not , of any kind shall be parked , stored,
maintained , or constructed on any lot or street in such a manner
as to be visible from the street or neighboring lots .
4 . 3 No animals or fowls shall be raised , kept , or
Pets .
t domestic do s cats and ca ed birds
permitted on any lot excep g , , g
kept within the dwelling unit ; provided such dogs , cats , and pet
, birds are not permitted to run at large and are not permitted to
be kept , bred , or raised for commercial purposes or in
unreasonable numbers . No such household pet which is or becomes
an annoyance or nuisance to the neighborhood shall thereafter be
kept on any lot .
� 4 . 5 �arbage and Trash . No lot shall be used or maintained
as a dumping ground for rubbish . Trash , garbage and other waste
shall be kept only in sanitary containers properly screened and
shielded from adjacent properties . Al1 equipment for th� stora�e
or disposal of such material shall be kept in a clean and
sanitary condition. No trash, refuse pile , vehicles , underbrush,
� compost pile or other unsightly growth or objects shall be
�, allowed to group , accumulate or remain on any lots so as to be a
Qp detriment to the neighborhood or become a fire hazard.
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, _ 4 . 6 Noxio �G o O f .n�ive Activitv . No noxious or offensive
(�'7 activity shall be carried on upon any lot , nor shall anything be
0 done or maintained thereon which may be or become an annoyance or
� nuisance to the neighborhood or detract from its value .
4 , � wat,Pr and Sewage Systems . Private wells and water
supply systems and private sewerage ( septic ) systems are
prohibited.
4 . 8 Tem�orary R �idence . No outbuilding , basement , tent ,
shack, garage , trailer or shed or temporary building of any kind
shall be used as a residence either temporarily or permanently,
except for a construction shack used by an owner' s construction
contractor during the construction period .
4 . 9 nrill ; ng, Mining , F • . Exploration for any recovery of
minerals , oil and gas , sand and gravel or other materials , by any
means or method, is prohibited .
4 . 10 Si�ns . No signs shall be displayed to the public view
on any lot except one professional sign of not more than one ( 1 )
square foot , one ( 1 ) sign of not more than five ( 5 } square feet
advertising the property for sale or rent , or signs used by the
Declarant , or agents thereof , to advertise the property during
the construction and sales period . The ACC shall have the sole
jurisdiction on all signs within the boundaries of Kohl Park
Addition, including any and all common areas .
4 . 11 Homeown r� Association . Every lot owner , by acceptance
of a deed or contract for such lot , is hereby deemed to covenant
and agree to membership in the Kohl Park Addition Homeowners
Association, for the purpose of owning property and property
right as common area for the benefit of homeowners , and for the
purposes of maintaining , repairing , replacing , or improving any
such property or any improvements placed thereon. Such
membership shall be appurtenant to the lot owned by such lot
owner and may not be transferred except by sale or transfer of
the lot itself . Every lot owner is further deemed to covenant
and agree to pay when due any and all dues , assessments , or other
charges that may be levied from time to time by the Kohl Park
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. . .
Addition Homeowners Association, in accordance with these
articles and/or the Articles of Incorporation of such
Association, and any sums not paid within thirty { 30 ) days of the
date due shall become a continuing lien on the lot owned, which
lien may be foreclosed by the Association. Any lien created
hereby shall be subordinate only to any duly recorded purchase
money mortgage , deed of trust or real estate contract which
appears as a "first lien" against the lot .
4 . 12 .�.ommon Rxp�nses . The following expenses shall be
considered ex enses in common with all the lot owners : urchase
I P p �
operation and maintenance of street lighting ; operation and
' maintenance of common-area sprinkler systems and storm drainage
systems ; maintenance of common-area landscaping and fencing ; and
operation and maintenance of the common areas , including
designated common areas ( tracts ) . Common expenses shall be
inclusive of the cost of liability and casualty insurance in
whatever amount is reasonable and deemed appropriate . The
responsibility for the common expenses herein shall be
administered by said Association. Homeowner dues shall be
initially fixed at $150 per year , prorated at closing of home and
,._ further payable every July 1 , in advance for the forthcoming
year .
4 . 13 Non-liabilitv o ACC and Homeowners Association
Members . Neither the ACC or the Homeowners Association,_ nor any
member thereof , shall be liable to any owner , occupant , builder,
or developer for any damages , loss or prejudice suffered or
claimed� on account of any action or failure to act of the
f�.-. tCommittee or member thereof , provided that the member has acted
� in good faith and on the basis of the facts as known to him.
00
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-- ARTICLE V
C�
Q 5 . 1 Amendment . This Declaration can be amended at any time
� by Declarant prior to the sale of all Lots by the Declarant .
Thereafter , this Declaration can be amended by an affirmative
majority vote of the lot owners .
5 . 2 F,nforcement . The Declarant or the ACC shall have the
right to enforce any provision of this Declaration or to recover
damages resulting from any violation thereof any proceeding at
law or in equity. Thirty ( 30 ) days after written notice to the
. owner of any lot setting "forth a violation, Declarant , the ACC or
the agent of either may enter upon such lot , which entry shall
not be deemed a trespass , and take whatever steps are necessary
to correct the violation . The expenses thereof , if not paid by
such owner within thirty ( 30 ) days after written notice and
, billing , may be filed as a lien upon such lot . Failure. of the
Declarant or the ACC to enforce any provisions herein shall in no
event be deemed a waiver of the right to do so . In the event of
' legal action, the prevailing party shall be entitled to recover
actual costs and reasonable attorney fees .
5 . 3 Invalidation of any provisions hereof
Severabilitv.
shall not affect the other provisions , which shall remain in full
force and effect .
5 . 4 No .i c:e . Any notice required hereunder shall be deemed
effective when personal�y delivered or when mailed by certified
mail to the owner of public record at the time of such mailing to
such owner ' s address as appears on the King County tax records .
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n . � ` �L
� � •
IN WITNESS WHEREOF, the Declaran,t has hereunto set its hand
and corporate seal this 3�,,r day of ,,�%c�,�,,,_(,, _ . , 1990 .
, KOHL EXCAVATING, INC. , a
Was " ngton corporatzo*�
g y. �Z-�.> ?� �-y�.,.� ,, �/
van Christianson
$y� (/t{}'(�c'J -�IVyL�.¢�Lr`�ci.-tr
Delores Christiansan
Ac n�w_l,�.d�m�.n�
STATE OF WASHINGTON }
}
COUNTY aF KING }
dn thas � day of �.�'1 � , 1990 , befare me , the �'�
. undersigned, a Notary Public in and for the State of Was ington,
duly commissioned a.nd�sworn, persanally appeared _ fWfHU` % �At�.S ,
and 1.ri�sfi'Ai'7Sr1., , to me known ,
to be th�eople who signed as the and
� _ f1r(.��1L5 , respeetively, af Kah1. Exctavating , ;
�}- Inc . , �he corporation that �xecuteci the within anci foregoing
Oinstrument , and acknowledged said instrument to be the free a.nd
� voluntary act and deed of sai.d corparatian for the uses and
purpases therein mentioned , and on oath stated that they were '
��., duly elected, qualified and acting for the carporatian, that they
_,,,_ were authorized to execute said instrument and that the seal
Q� affixed, if any, is the corporate seal of said corporatian.
IN WITNESS WHEREOF, I have hereunto set my hand and official
seal the day and year first abave written.
=%r�%����,��L.,���.�1���
NOTARY PUBLIC i � and for the
� State of Washington, residing
a t a�%C-�''�r,)-�?.i'", k.J,�-
My co�mmission expires .3�f,��9,�--
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