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HomeMy WebLinkAboutCAG1984-0979 - Original - Norman G. Heutmaker Jr. - Protective Covenants - 05/13/1984 PROTECTIVE COVENANTS RUNNING WITH THE LAND THIS INDENTURE and Declaration of Covenants Running with the Land, made this day of May, 1984, by Norman G. Heutmaker, Jr. and Sheila Heutmaker. WITHNESSETH: WHEREAS, said parties are the owners in fee of the following described rk AY property: (1 AAA The W 112 of the NE 1/4 of the SE 1/4 LESS the east 30 feet in O Section 30, T22N, R5E, W.M. , in King County, Washington, and the Q north 30 feet of the east 30 feet of the W 112 of the NE 1/4 of the NE 1/4 of the SE 1/4 lying westerly of 98th Place S, all inCn CDSection 30, T22N, R5E, W.M. , in King County, Washington. jIONS wry y, c Together with the north 4 feet of Lot 1 of Highridge #4 as ' recorded in Volume 104 of Plats , page 39, records of King Coun y;li Washington. and; KEC:C: F 6.00 WHEREAS, it is the desire of said parties that said covenants be 55 recorded and that said protective covenants be thereby impressed upon said land; NOW THEREFORE,. it is hereby made known that said parties do by these presence make, establish, confirm and hereby impress upon the above described property the following covenants to run with said land, and do hereby bind said parties and all of their future grantees, assignees and successors to said covenants for the term hereinafter stated and as follows : 1 . The area covered by these covenants is the entire area described above. 2. The owners plan to develop a plat with a common sewer pump for the �= mutual benefit of all lots in the plat, and, therefore, have established the restrictions set forth below. 3. Said sewer pump plan and profile is attached hereto as Exhibit "A and by this reference incorporated herein. The owners agree to pay the City of Kent all costs of maintaining and operating the pump station set forth in Exhibit "A". Said maintenance and operation costs to be paid to the City of Kent annually, in advance, based on estimates by the City of Kent. In addition , the owners agree to pay the City of Kent all costs in excess of the annual estimate and costs of additional improvement and expenses related to the maintenance and operation of the pump station. In addition, the owners agree to pay to the City of Kent all monthly sewage disposal charges. The owners agree that the City of Kent shall determine how, and by whom, the pump station shall be maintained. 4. Owners agree in a covenant that the City of Kent shall have the power to collect all costs of maintaining, operating, servicing, repairing, After Recording Mail To: City of Kent property Management Dept. -1- P. O. Box 310 220 S. 4th Ave. Kent, WA 98031 Attn: Carol Isaak and improving the sewer system. The City may, at its option, enforce collec- tion against individual lot owners and/or the homeowners' association, or a corporation. The City shall forward a billing to the individual lot owner and/or associa- tion/corporation itemizing costs. Where the full amount due the City is not paid within thirty (30) days, the City Administrator shall cause a letter to be mailed, by registered mail , to the property owner of record, a sworn state- ment itemizing the costs and expenses indurred, the date the work was performed and the location of the property. In the event that payment is not made within thirty (30) days following the mailing of the registered mail , then, and in that event, the Director of Public Works shall cause to be recorded with the King County Department of Records and Elections , a sworn p statement itemizing the costs and expenses incurred, the date the work was O performed and the location of the property. The recordation of such statement shall constitute a lien upon the property and shall remain in full force and '�— effect for the amount due in principal and interest , plus attorney' s fees and O court costs, if any, bearing interest at the statutory rate until final pay- NI- ment has been made. The City shall have the option to maintain a lawsuit in any court to enforce the terms of this covenant, and the prevailing party shall be entitled to received court costs and reasonable attorney' s fees . The City of Kent shall also have the power to disconnect sewer services on past due accounts . Said disconnection shall be affected by terminating water service to the individaul lot owner(s) . 5. The foregoing sewer system is established as a part of a general improvement plan for the benefit of all present and future owners of the lots; and as such, the same may be enforced by any owner of any tract or lot within said plat against any other lot owner. 6. No individual sewage disposal system shall be permitted on any lot. 7 . The individual lot owners shall form a nonprofit corporation to govern the affairs of the Homeowners' Association, including the administra- tion of these covenants . Initially, the Board of Directors is composed of: Norman G. Heutmaker, Jr. 809 Kimberly Kent, WA 98031 Sheila Heutmaker, Jr. 809 Kimberly Kent, WA 98031 Morgan Llewellyn P.O. Box 1286 Kent, WA 98032 One year after the date set forth above, a new Board of Directors shall be elected from among the owners of the lots by an election to be held and -2- Conducted in the plat at 6:00 p.m. ; and, thereafter, each year at 6:00 p.m. on the same date. The Board shall consist of three members . Voting rights shall be by lot ownership, one vote for each lot. Term of office of each Director shall be for three years; provided, the term of office of the initial Board shall be as to one of such members until the next following regular election only; as to an additional one of the members only, until the second regular election following such special election; and as to the remaining member until the third regular election following such special election. The initial Board shall determine between themselves by lot the duration of their respective terms under the foregoing formula; and vacancies occurring under such formula shall be filled in rotation at following regular elections. The Corporation shall file Articles of Incorporation and By Laws as provided by the Revised Code of Washington. 8. The Board of Directors shall have the power to determine and pass � upon those matters delegated to them. They shall have the following initial O powers with reference to the plat: J a. To acquire, maintain, repair and improve on behalf of the plat r__ the sewer system for the plat. O 114- b. To levy and collect assessments upon any and all owners of the 00 properties contained in the plat for the benefit of said owners , for the cost, maintenance, repair and improvement of the sewer system. 9. Nothing herein contained shall be deemed to be a gift of dedication of any portion of the plat to the general public or for the general public or for any public purpose whatsoever, it being the intention of the owners that this declaration shall be strictly limited to and for the purposes therein expressed. 10. The assessments provided for herein, together with such interest theron and cost of collection as are hereinafter provided shall be a charge upon the land and shall be a continuing lien, running with the land, upon the lot or lots which the said assessments is made. If any assessment or install - ment therof authorized to be levied pursuant to this section is not paid within thirty (30) days after the first day of the calendar month in which notice of collection thereof is mailed to the owner of the lot, it shall bear interst at the rate of 18 percent per annum, from the due date thereof, and the Board of Directors may bring an action of law against the owner personally obligated to pay the same and/or may institute an action to foreclose the lien against the property subject to the assessment, and there shall be added to suit, and also a reasonable sum as attorney' s fees , which sum shall be included in any judgement or decree entered in such suit. 11 . These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of ninety-nine (99) years from the date these covenants are recorded, after which time said cove- nants shall be automatically extended for successive periods of then (10) years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part. -3- 12. Enforcement shall be by proceeding at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. In the event any entity or party which is entitled to benefits of this declaration brings an action at law or in equity to enforce this declaration, the prevailing party in such action shall be entitled to recover from the other party its reasonable attorney's fees and all court costs in addition to all other appropriate relief. 13. Invalidation of any one of these covenants by judgment or court order shall in no way effect any of the other provisions which shall remain in full force and effect. IN WITNESS THEREOF, the undersigned have affixed their signatures. A - --,-V, Norman G. Heutmaker, Jr. J Sheila Heutmaker STATE OF WASHINGTON) ) ss. COUNTY OF KING ) This is to certify that on this day of May, 1984, before me the undersigned, a Notary Public in and for the State of Washington, duly commissioned and qualified, personally appeared Norman G. Heutmaker, Jr. and Sheila Heutmaker to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledge to me that they signed and sealed the same as their free and voluntary act and deed, for the uses ,and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal , the day and year first above written. ary Public in and for the State f ashington, residing at - -4-