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Averill Youth Complex Site Deed Restriction Discussion on Councilís Agenda
June 01, 2017
(SNOHOMISH, WA.) -- At its June 6th regular meeting the Snohomish City Council will discuss deed restrictions.
The meeting starts at 7:00 p.m. in the George Gilbertson Boardroom at 1601 Avenue D.
There will be a general discussion about what deed restrictions are and a specific discussion about the status of deed restrictions on the Averill Youth Complex site west of Pine Avenue between Second and Third Streets.
The Snohomish Boys & Girls Club, Skate Park, Tillicum Kiwanis playground, and Hal Moe Pool building are located on the site.
During the presentation, city staff members will summarize the history of deed restrictions on the site and describe how deed restrictions work. Part of the discussion will address the feasibility and advisability of restoring deeds restrictions that have been removed.
The staff report to the City Council will be available for viewing and download from the City website the afternoon of Friday, June 2. For more information about this issue contact Planning Director Glen Pickus at firstname.lastname@example.org or 360-282-3173.
If you plan on buying real estate of any kind, be wary of old deed restrictions
Deed restrictions are private agreements that restrict the use of real estate in some way, and are listed in the deed. The seller may add a restriction to the title of the property.
Often, developers restrict the parcels of property in a development to maintain a certain amount of uniformity.
In a March 1st article on Realtor.com, Lisa Gordon wrote a piece describing how surprised she was to find a deed restriction on a vacant lot she intended to buy in order to develop it. From that article:
"The day I planned to close on an acre-lot where I hoped to build a brand-new house, my real estate agent turned up a deed restriction that limited the number of garages I could construct. I had intended to build three, but according to the deed, I could have only two....
...It was the first deed restriction I, as a new developer, had encountered, and I didn't understand why this rule had come out of nowhere to block my progress on land I was paying good money for.
It turns out, the restriction was more than 50 years old and created by a neighborhood association that long ago ceased to exist—and therefore couldn't enforce it.
I ended up closing the deal, but I had to consider all the dreamy-eyed buyers who longed to build their own home and were thwarted by rules — archaic or not.
And here's the rub: Deed restrictions affect more than would-be home builders.
You can be restricted by anything from the number of bedrooms in your house to the types of vehicles in your driveway. It's best to know about deed restrictions before you buy."
Gordon advises buyers to first find out if the property they want to buy has any deed restrictions, also called "restrictive covenants."
These restrictions are contained in a deed that limit how a property can be used and what can be built on it. Most often, developers include restrictions not covered by local zoning regulations.
"The property doesn't even have to be part of an HOA to be limited by some rule a developer included in the deed decades ago—as I discovered," says Gordon.