INNIS
INNIS
Dated:
Recorded:
Table of Contents
1. GENERAL PROVISIONS . The Grantor hereby certifies and declares that he has established and does hereby establish a general plan for the development, improvement, maintenance, and protection of the real property embraced in Innis Arden according to the plat thereof recorded in Volume 37 of Plats, at page 25,records of King County, Washington, and has established and does hereby establish the restrictive mutual easements hereinafter set forth, subject to which all tracts, parcels, lots and areas in Innis Arden shall be held and/or sold by the Grantor, which are for the benefit of the real property embraced in said plat of Innis Arden and of all persons who may become the owners thereof. These Restrictive Mutual Easements of Innis Arden shall attach to and shall pass with said real property and each and every part and parcel thereof and shall bind all persons who may at any time and from time to time own said property and their respective successors in interest.
These restrictive mutual easements shall be deemed to be
fully and sufficiently described and incorporated in any instrument or
conveyance be designating or referring to the same as "Restrictive Mutual
Easements of Innis Arden".
The term "Grantor", wherever used in these Restrictive
Mutual Easements of Innis Arden, shall refer to W.E. Boeing or his Attorney in
Fact; or in the event of the death of said W.E. Boeing, to his personal
representative or representatives; or upon the termination of the probate of
the estate of the said W.E. Boeing, to the trustee or trustees of the estate of
the said W.E. Boeing; or upon the termination of such trust to the person, if
any, receiving the greater number of lots in said Innis Arden by device or
inheritance from said W.E. Boeing; or to any person or persons or corporation
owning land in said Innis Arden to whom the rights of the Grantor as set forth
in these mutual easements shall be specifically transferred.
Except as to that tract designated as "Business
Area" in the Plat of Innis Arden and in paragraph 14 hereof, all tracts in
Innis Arden shall be designated "residence tracts."
Notwithstanding anything else herein contained, the Grantor
shall have the right to use Tract 11 in Block 4 and any portion of Reserve A of Innis Arden for a real estate office and may construct
and maintain a building for that purpose of such form and character as he or
his representatives may see fit.
If the parties hereto, or any of them, or their heirs,
executors, administrators or assigns, shall violate or attempt to violate any
of the provisions of these Restrictive Mutual Easements of Innis Arden, it
shall be lawful for any other person or persons owning any real property
situated in Innis Arden to prosecute any proceedings at law or in equity against
the person or persons violating or attempting to violate any of said mutual
easements, and either to prevent him or them from doing so or to recover
damages or other dues for such violation.
Invalidation of any provisions, sentence or paragraph
contained in these Restrictive Mutual Easements of Innis Arden by judgment or
court order shall in no wise affect or invalidate any of the other provisions,
sentences or paragraphs of said mutual easements, but the same shall be and
remain in full force and effect.
2. BUILDING RESTRICTIONS. A building site shall consist of
at least (a) one or more residence tracts as shown on said plat, or (b) a
parcel composed of such residence tracts or portions thereof, the depth and
frontage of which parcel shall equal or exceed the depth and frontage of full
tracts in the immediate vicinity in the same block.
No building or structure shall be erected, constructed,
maintained, or permitted upon such residence tract property except upon a
building site as herein above defined. No building or structure shall be
erected, constructed, maintained or permitted on a building site other than
Tracts 1 to 15, inclusive, Block 1, and Tracts 1 to 7, inclusive, block 4,
except a single detached dwelling house to be occupied by no more than one
family and costing not less than $5000, and containing not less than 1,000
square feet of floor area in the case of a one-story house and not less than
800 square feet of first floor area in the case of a one and one-half or
two-story house, exclusive of garage, open entries, porches and patio.
No building or structure shall be erected, constructed,
maintained or permitted on a building site in Tracts 1 to 15, inclusive, in
Block 1, and Tracts 1 to 7, inclusive, in Block 4, except a single detached dwelling
house to be occupied by no more than one family, and costing not less than
$4,000, and shall contain not less than 900 square feet of floor area in the
case of a one-story house, and not less than 750 square feet of the first floor
area in the case of a one and one-half or two-story house. As appurtenant to
any dwelling house in Innis Arden, a private garage, garden house, servants'
quarters, pergola, conservatory or structure for the housing of small animals
of fowl, architecturally in harmony therewith and of permanent construction,
may be erected within the building limits hereinafter set forth.
3. BUILDING LIMITS. No dwelling house or garage or any part
thereof, or any other structure, (exclusive of fences and similar structures),
shall be placed nearer to the front or street line of the building site on
which it is located than the "Building Line" of said site as shown on
said plat measured at the closest point of said structure to the said front or
street line, or nearer to the side line of said site than 10 feet measured at
the closest point of such structure to said side line, or nearer to the rear
line of said site than 25 feet measured at the closest point of said structure
to said rear line; provided, that this restriction shall not apply to any
garage that be built in a terrace fronting on a street, but such garage must be
more than two feet back of the line of such site margining the street.
All garages built in a terrace shall not be over 10 feet in
height and shall have flat roof, and not over one-half
the area of the side walls thereof shall extend above the finished graded
ground.
Where it is architecturally possible, it is recommended that
all garages be incorporated in and made a part of the dwelling house. Where a
garage is not a part of the dwelling house, and it is no necessary to construct
same in a terrace, it shall not be located closer than 75 feet to the front
line of the building site measured at the closest point to said line.
Chimneys, steps, eaves, gutters, bay, bow, or oriel windows,
uncovered porches or paved terraces or other slight or minor projections may be
constructed or placed on a dwelling house beyond the building limit as herein
above set forth, providing such projections are not detrimental to other tracts
or buildings and are first approved in writing by the Grantor.
4. APPROVAL OF PLANS BY GRANTOR. All buildings to be erected
in Innis Arden must be approved by the Grantor. Complete plans and
specifications of all proposed buildings, structures and exterior alterations,
together with detailed plans showing proposed location of the same on the
particular building site, shall be submitted to the Grantor before construction
or alteration is started, and such construction or alterations shall not be
started until written approval is given thereof by the Grantor. Said plans
shall be prepared by an architect or competent house designer. A complete copy
of said plans and specifications shall in each case be delivered to and
permanently left with the Grantor. As to all improvements, construction and
alterations in Innis Arden, the Grantor shall have the right to refuse to
approve any design, plan or color for such improvements construction or
alterations which is not suitable or desirable, in Grantor’s opinion, for any
reason, aesthetic or otherwise, and in so passing upon such design, Grantor
shall have the right to take into consideration the suitability of the proposed
building or other structure, and the material of which it is to be built, and
the exterior color scheme, to the site upon which it is proposed to erect the
same, the harmony thereof with the surroundings, and the effect of the
buildings or other structure or alterations therein as planned on the outlook
of the adjacent or neighboring property, and the effect or impairment that said
structures will have on the view of surrounding building sites, and any and all
other factors which, in the Grantor’s opinion, shall affect the desirability or
suitability proposed structure, improvements or alterations.
If the Grantor fails to approve or disapprove said plans and
specifications within thirty days after the same have been submitted to him,
or, in any event, if no suit to enjoin the erection of such building or the
making of such alterations has been commenced prior to the completion thereof,
such approval will not be required and the provisions of this paragraph will be
deemed to have been fully complied with.
The Grantor shall have the right to appoint a committee of
residents of Innis Arden, for such time and upon such conditions as he may
designate, to exercise the powers reserved in this paragraph to the Grantor.
5. MOVING OF BUILDINGS, CONSTRUCTION OF OUTBUILDINGS. No
building or structure shall be moved onto any land embraced in said plat from
any land outside of said plat except a new prefabricated structure of a type
and design approved by the Grantor. No trailer shall be maintained on a
building site as a residence. No building of any kind shall be erected or
maintained on a building site prior to the erection of the dwelling house
thereon, except that a garage or other small building of permanent construction
may be erected for the storing of tools and other articles prior to the
erection of a permanent dwelling house, but shall not be used as a domicile.
6. PROSECUTION OF CONSTRUCTION WORK. The work of
construction of all buildings and structures shall be prosecuted diligently and
continuously from commencement of construction until such buildings and
structures are fully completed and painted. All structures shall be completed
as to external appearance, including finished painting, within eight months
from date of commencement of construction, unless prevented by cause beyond the
owner’s control.
7. EXCAVATION, DIGGING OF WELLS. No well of any kind shall
be dug or operated on any said property, nor shall any machinery, appliance or
structure or unsightly material be placed upon, stored or maintained thereon;
nor shall any excavation for stone, sand, gravel or earth be made on said
premises unless, such excavation is necessary in connection with the erection
of an improved structure thereon.
8. BATHROOM, SINK AND TOILET CONVENIENCES. All bathroom,
sink and toilet conveniences shall be inside of house or building and shall be
connected by underground pipes with a private septic tank of a depth and type
of construction approved by
9. REFUSE DISPOSAL, STORAGE OF MATERIAL. No trash, garbage,
ashes or other refuse may be thrown, dumped or otherwise disposed of on any
tract, vacant or otherwise, in said Addition. No building material of any kind
shall be placed or stored upon any property in said Addition until the owner is
ready to commence construction, and then such material shall be placed within the
property line of the building site upon which structures are to be erected, and
shall not be placed in the streets or between the curb and property line.
10. FENCES, HEDGES. No fence, hedge or boundary wall
situated anywhere upon any tract shall have a height above the finished graded
surface of the ground upon which such fence, hedge or wall is situated greater
than 6 feet or such other lesser height as the Grantor may specify, nor shall
any fence, hedge or wall situated on any building site between said
"Building Line" and the line of the street fronting on said building
site have a height greater than 4 feet above the finished graded surface of the
ground upon which such fence, hedge or wall is situated, unless the written
permission of the Grantor is first obtained, excepting Tracts 1 to 15,
inclusive, in Block 1, where a five-foot fence has been erected and shall be
maintained by the persons from time to time owning said respective tracts, and
further excepting that the Grantor shall be permitted in connection with the
"Business Area" to maintain fences, walls or hedges to the height of
ten feet for the purpose of separating the "Business Area" from
parks, reserves, streets or "Residence Tracts."
11. NOXIOUS USE OF PROPERTY: SPITE FENCES. No noxious or
undesirable thing, trade or business or noxious or undesirable use of the
property in said Addition whatsoever shall be permitted or maintained upon said
property, or in said Addition. If the Grantor shall determine that any thing,
trade, business or use is undesirable or noxious, such determination shall be
conclusive on all parties. The construction or maintenance of a spite or
nuisance wall, hedge, fence or tree shall be prohibited on said property. If
the Grantor shall determine that any wall, fence, hedge or tree falls within
the latter category such determination shall be conclusive on all parties.
12. BILLBOARDS, SIGNS. No signs of any kind or for any use,
except public notices erected by a political subdivision of the state or as
required by law, shall be erected, posted, painted or displayed upon
"Residence Tracts" or "Reserves". A "Reserve" is
property reserved by the Grantor as in the next succeeding paragraph provided.
No signs shall be permitted in the "Business Area" except such as are
related to the business conducted thereon and which are painted on or attached
to the buildings in which such business is conducted. Signs on fences,
billboards and like structures shall not be permitted. It is provided however,
that the Grantor may erect and display signs during the period he is selling
property in said Addition.
13. RESERVES. Reserve Tracts A, B, C, E, and E are not
dedicated to the public, but shall be used for parks, bridle trails,
playgrounds or other community purposes (other than business). The Grantor may
transfer all or any part of said Tracts to a corporation or association formed
by residents or owners of Innis Arden for community purposes, in the activities
of which corporation or association all such residents shall have the right to
participate, subject to reasonable restrictions and requirements imposed by
such corporation or association.
14. BUSINESS AREA. The tract designated as "Business
Area" on the plat of Innis Arden may be used for business purposes for the
following types of business establishments or business establishments similar
thereto, to-wit:
(a) Stores - wholesale or retail;
(b) Offices - business or professional;
(c) Banks;
(d) Restaurants;
(e) Clubhouses;
(f) Theatres;
(g) Dancing pavilion;
(h) Ice or roller-rink;
(i) Police and fire-station;
(j) Printing establishment;
(k) Telephone exchange and telegraphic office;
(l) Shops for custom work or the making of articles to be
sold at retail on the premises;
(m) Gasoline filling or service station;
(n) Garage and automobile repair shops;
(o) Clothes cleaning and pressing shop;
(p) School, kindergarten and studio;
(q) Store for sale of beer, wine and liquors in compliance
with the law;
(r) Subdivision into residence tracts subject to restrictions
applicable to residence tracts.
Not more than fifty per cent of the ground area within said
"Business Area" shall be occupied by buildings.
15. Invalidated
16. ANIMALS. No hogs, cattle, horses, sheep, goats, or similar livestock shall be permitted or maintained on said property at any time. Chicken hens, pigeons, rabbits and other similar small livestock, not exceeding a total of twenty-five in number, shall be permitted but must be kept on the premises of the owner. Not more than one dog and cat may be kept for each building site. No pen, yard, run, hutch, coop or other structure or area for the housing and keeping of the above described poultry or animals shall be built or maintained closer than 100 feet from the front line of any residence tract.
17. TERM OF RESTRICTIONS. These Restrictive Mutual Easements
of Innis Arden shall run with the land and shall be binding upon all parties
hereto and all persons claiming under them, until August 1, 1966, at which time
said Restrictive, Mutual Easements of Innis Arden shall be automatically
extended for successive periods of ten years unless the owner or owners of the
legal title of not less than sixty residence (not business) tracts, by an
instrument or instruments in writing, duly signed and acknowledged by them,
terminate or amend said Mutual Easements in so far as they pertain to residence
tracts, and such termination or amendment shall become effective upon the
filing of such instrument or instruments for record in the office of the
Auditor of King County, Washington. Such instrument or instruments shall
contain proper references to the records of said office by volume and page of
both the recording of the Plat of Innis Arden and the recording of this Deed in
which these Restrictive Mutual Easements of Innis Arden are set forth, and to
the recording of all instruments of amendments thereof.