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HomeMy WebLinkAboutSecond Amendment Maple Highlands CCRs (Add Skyhorse) _ 4-19-24SECOND AMENDMENT TO DECLARATION – MAPLE HIGHLANDS PAGE -1- AFTER RECORDING RETURN TO: SSHI LLC 11241 SLATER AVE NE, SUITE 200 KIRKLAND, WA 98033 ATTN: HOA DEPARTMENT SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR MAPLE HIGHLANDS Grantor: SSHI LLC, a Delaware limited liability company dba D.R. Horton Grantee: Maple Highlands Homeowners Association, a Washington nonprofit corporation Abbreviated Legal Description: LOTS 1-13 & TRACTS A & B, MAPLE HIGH LANDS; RECORDING NO. ____________, & LOTS 1-8 & TRACTS D, E, F & G, SKYHORSE, RECORDING NO. ___________, KING COUNTY, WASHINGTON Assessor’s Property Tax Parcel No: Related Documents: 145750-0025; 145750-0023; 132305-9053 _______________ (CCRs); ______________ (CCRs First Amendment) THE PLAT FOR THIS COMMUNITY WAS FILED WITH THE AUDITOR OF KING COUNTY, WASHINGTON UNDER AUDITOR’S FILE NOS. _______________ AND _______________. THIS COMMON INTEREST COMMUNITY IS SUBJECT TO THE WASHINGTON UNIFORM COMMON INTEREST OWNERSHIP ACT (CHAPTER 64.90 RCW) SECOND AMENDMENT TO DECLARATION – MAPLE HIGHLANDS PAGE -2- SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR MAPLE HIGHLANDS This Second Amendment to Declaration of Covenants, Conditions, Easements and Restrictions for Maple Highlands (“Second Amendment”), is made and entered into as of _______________, 2023, by SSHI LLC, a Delaware limited liability company (“Declarant”). This Second Amendment is made with respect to and for the purpose of adding Additional Property to the Community to be subject to the Declaration of Covenants, Conditions, Easements and Restrictions for Maple Highlands (“CCRs”). The CCRs and this Second Amendment affect the property legally described on Schedule A and Schedule B of the CCRs. Capitalized terms used but not defined in this Second Amendment shall have the meanings given to them under the CCRs. Recitals A. The Declarant created the common interest community known as Maple Highlands (“Community”) pursuant to the recording of the CCRs recorded under King County Recording No. ____________, and the First Amendment to Declaration of Covenants, Conditions, Easements and Restrictions for Maple Highlands recorded under King County Recording No. ____________ (collectively “CCRs”), along with the Map for Maple High Lands recorded under King County Recording No. _______________ (“Map”), upon the real property legally described in Schedule A of the CCRs (“Property”). B. Declarant is the Owner of all Units and Tracts within Maple Highlands. C. Declarant desires to amend the CCRs pursuant to its rights provided in Article 12, including Section 12.10, governing Declarant’s right to add the Additional Property to the Community, such that the rights, restrictions and obligations contained in the CCRs will apply to the Additional Property. D. By the recording of this Second Amendment and the Skyhorse Short Plat under King County Recording No. __________________ (“Skyhorse Map”), recorded simultaneously with the recording of the Second Amendment, Declarant intends to add Skyhorse Units 1-8 and Tracts D-G to the Community, and subject such property to the rights, restrictions and obligations contained in the CCRs. Amendments NOW, THEREFORE, Declarant hereby amends the CCRs, as follows: 1. Article 2; Definitions; Map or Plat. The definition of “Map” or “Plat” is replaced in its entirety with the following: “Map” or “Plat” means the plats for the Community recorded under Auditor’s File No. ____________ and ______________ (collectively “Map” or “Plat”). The Map includes any recorded amendments, corrections, and addenda thereto. SECOND AMENDMENT TO DECLARATION – MAPLE HIGHLANDS PAGE -3- 2. Article 2; Definitions; Tracts. The definition of “Tracts” is replaced in its entirety with the following: “Tract” means any of Tracts A, B, D, E, F and G identified on the Maple High Land Map and Skyhorse Short Plat. Tract C of Maple High Lands is not part of the Common Elements of the Association and was withdrawn from the Community and deeded to the neighboring property owner for their yard and carport pursuant to that certain Quit Claim Deed recorded under King County Recording No. __________________. 3. Section 7.1. Description. The first sentence of Section 7.1 is hereby amended and replaced in its entirety with the following: The Common Elements include, without limitation, the following portions of the Community, to the extent applicable: Tract A (Stormwater), Tract B (Tree Retention Area), Tract D (Stormwater), Tract E (LCE Private Access Area and Utilities), Tract F (Stormwater) and Tract G (Tree Retention Area), and any private Streets, Street curbs, planter strips, sidewalks, Street Landscaping, Entry Monuments, recreational facilities, tot lots, parks, open spaces, trails, mail kiosks, storm water detention installations, and common utility systems. 4. Section 7.3. Tree Retention Areas. Section 7.3 is hereby amended and replaced in its entirety with the following: Section 7.3 Tracts B and G - Tree Retention Areas. Portions of Tracts B and G are designated as tree retention areas as identified on the Plat (“Protected Areas”). As set forth on the Plat, Tracts B and G are subject to any applicable critical area covenants, and the restrictions contained on the Plat and herein (“Protected Areas Covenant”). The development and use of the Protected Areas is further restricted by the Rules of the Association, the RMC and as provided in the Map. Declarant shall install fences between the Critical Area, adjoining Units and Common Elements and required signage. The fences and signage are part of the Common Elements and no Owner may modify or remove any such fenceor signage. The Protected Areas portions of Tracts B and G shall be left permanently undisturbed and in a substantially natural state and removal or disturbance of vegetation and landscaping within the Protected Areas is strictly prohibited, unless otherwise approved in writing by the City. No clearing, grading, filling, building construction or placement or road construction of any kind shall occur, except for the removal of hazardous trees, and only in accordance with the RMC and any Rules of the Association. Protected Areas may not be developed with any buildings or other structure, and may not be used for financial gain or further subdivided. 5. Section 7.4. Obstruction of Streets Prohibited. The first sentence of Section 7.4 is hereby amended and replaced in its entirety with the following: Parking shall not be permitted along either side of the LCE Private Access Area Tract E or where there are posted “No Parking” or “Fire Access” signage. SECOND AMENDMENT TO DECLARATION – MAPLE HIGHLANDS PAGE -4- 6. Section 8.1. Description and Allocation of Limited Common Elements. Section 8.1 is replaced in its entirety and a new Subsection 8.1.1 is hereby added as follows: Section 8.1 Description and Allocation of Limited Common Elements. The following portion of the Common Elements are Limited Common Elements: Tract E. 8.1.1 Private Access and Utility Tracts. As provided and identified on the Plat, the following are Limited Common Elements: (i) Tract E private access and shared driveway and utility easement for the benefit of Skyhorse Units 2, 3, 4 and 5 (referred to herein as “LCE Private Access Areas”). The respective benefitted Owners shall have exclusive use of the Tract E LCE Private Access Areas designated on the Map and subject to various easements for utility providers, the Association and municipal easements as provided herein. The LCE Private Access Areas shall be used as a shared driveway and for utilities by and for the respective benefitted Owners and for certain public utilities and public utility easements as further described on the Plat. The maintenance, repair, improvements and replacement of the LCE Private Access Areas shall be the responsibility of the benefitted Owners as provided in Section 9.15, exclusive of any public utilities contained within the LCE Private Access Areas which shall be maintained by the applicable utility provider. 7. Section 9.9.1 Section 9.9.1 is replaced in its entirety with the following: 9.9.1 Private storm drainage easement over Maple High Lands Units 1-7, 10 and 11 for the benefit of all Maple High Land Units 1-13 within the Community. 9.9.2 Private water easements over Skyhorse Unit 4 for the benefit of Skyhorse Unit 3. 9.9.3 Private water easements over Skyhorse Unit 5 for the benefit of Skyhorse Unit 2. 9.9.4 Private storm drainage easement over Tract E for the benefit of Skyhorse Units 2-5. 9.9.5 Private side sewer easement over Tract E for the benefit of Skyhorse Units 2 and 3. 9.9.6 Private storm drainage easement over Tract D for the benefit of Skyhorse Unit 8. 8. Section 9.17. Easement Regarding Protected Areas. Section 9.17 is hereby amended such that all reference to any Tracts shall include both Tracts B and G, the tree retention Tracts. 9. Section 10.2.2. Parking. Section 10.2.2 is hereby amended in part with the addition of the following new sentence at the end: SECOND AMENDMENT TO DECLARATION – MAPLE HIGHLANDS PAGE -5- No parking is allowed on either side of or anywhere along the LCE Private Access Area Tract E. 10. Section 11.2. Association’s Maintenance and Repair Responsibilities. Subsections 11.2(i) and 11.2 (vi) are hereby amended in their entirety as follows: (i) Tracts A, B, E, F and G including all landscaping and improvements thereon not the responsibility of the City, private utility, or other governmental entity, (vi) storm water facilities located within Tracts A, D and F; provided that maintenance obligations for these facilities may be accepted by the City at the City’s discretion following the required maintenance period and correction of any defects as required by the City, but maintenance of the remainder of these Tracts shall be the Association’s responsibility. 11. Section 11.4. Conveyance of Common Elements by Declarant. Section 11.4 is replaced in its entirety with the following: Section 11.4 Conveyance of Common Elements by Declarant. The Map grants and conveys Tracts A, B, D, F and G to the Owners with each Owner to hold an equal undivided ownership interest in such Tracts and the Owners by accepting a deed for their Unit accept that conveyance. The Map also grants and conveys Tract E to the Owners of Skyhorse Units 2 – 5 with each Owner to hold an equal undivided ownership interest in such Tract and the Owners by accepting a deed for their Unit accept that conveyance. The conveyance of all of the referenced Tracts are subject to the grant of public utility and access easements to the City for the utility facilities within those Tracts and routine inspections and maintenance of any Protected Areas to the extent the Association fails to satisfy its obligations to do so. The Association shall maintain Tracts A, B, D, F and G (excluding the public utility facilities therein that are maintained by the City) as required by the Map and this Declaration. The Owners of Skyhorse Units 2 – 5 shall be responsible for the maintenance, upkeep and repair of Tract E. Declarant may convey any other Common Elements to the Association, including any personal property and any improved or unimproved real property, leasehold, easement, or other property interest. Such conveyance shall be accepted by the Association, and the property shall thereafter be part of the Common Elements to be maintained by the Association. The Common Elements are subject to an easement of common use and enjoyment in favor of the Association and every Owner, their heirs, successors and assigns in accordance with the terms and conditions of the Governing Documents. Such rights to use the Common Elements are appurtenant to and shall not be separated from ownership of any Unit and shall not be assigned or conveyed by any Owner in any way except upon the transfer of title to such Unit, and then only to the transferee of such title and shall be deemed so conveyed whether or not it shall be so expressed in the deed or other instrument conveying title. Certain rights of use, ingress, egress, occupation, and management authority in the Common Elements set forth elsewhere in this Declaration shall be reserved to Declarant for prior to the Control Termination Date. Declarant shall not be required to make any improvements whatsoever to property to be conveyed and accepted pursuant to this Section. SECOND AMENDMENT TO DECLARATION – MAPLE HIGHLANDS PAGE -6- 12. Schedules B, C & D. Schedule B, Schedule C and Schedule D of the CCRs are hereby replaced and superseded in their entirety with the attached amended Schedule B, Schedule C and Schedule D. 13. Effective Date. This Second Amendment shall take effect upon recording. 14. Except as amended in this Second Amendment, all other provisions of the CCRs remain unchanged and in full force and effect. [Remainder of Page Left Blank; Signatures and Notary Blocks on Following Page] SECOND AMENDMENT TO DECLARATION – MAPLE HIGHLANDS PAGE -7- IN WITNESS WHEREOF, the undersigned hereby makes and enters into this Amendment as of the date set forth below. DECLARANT: SSHI LLC, a Delaware limited liability company dba D.R. Horton By: SHLR of Washington, Inc., a Washington corporation, its Manager By: Ashley M. Johnson, Seattle Division Vice- President STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I do hereby certify that Ashley M. Johnson, personally known to me to be the Seattle Division President of SHLR of Washington, Inc., a Washington corporation, the authorized agent of SSHI LLC, a Delaware limited liability company dba D.R. Horton, the company that executed the within and foregoing instrument, appeared before me and acknowledged said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that she is authorized to execute said instrument. DATED: ______________________. (Print Name) Notary Public for the State of Washington Residing at: _ My commission expires: SECOND AMENDMENT TO DECLARATION – MAPLE HIGHLANDS SCHEDULE A SCHEDULE A MAPLE HIGHLANDS (DESCRIPTION OF REAL ESTATE SUBJECT TO DECLARATION) LOT 6, BLOCK 1, CEDAR PARK FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 15 OF PLATS, PAGE 91, IN KING COUNTY, WASHINGTON; EXCEPT THE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 6; THENCE NORTH 30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 75 FEET; THENCE EAST 122 FEET; THENCE SOUTH 75 FEET; THENCE WEST 122 FEET TO THE TRUE POINT OF BEGINNING. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. And PARCEL A: (145750-0023-08) LOT 5, BLOCK 1, CEDAR PARK FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 15 OF PLATS, PAGE 91, IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 358.51 FEET THEREOF AS MEASURED ALONG THE NORTH BOUNDARY OF SAID LOT 5; ALSO, EXCEPT THE EAST 118.76 FEET OF THE NORTH 143.71 FEET OF SAID LOT 5; AND ALSO EXCEPT THE NORTH 30 FEET THEREOF. PARCEL B: (132305-9053-00) THE WEST 200 FEET OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. BOTH SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. SECOND AMENDMENT TO DECLARATION – MAPLE HIGHLANDS SCHEDULE B SCHEDULE B MAPLE HIGHLANDS (DESCRIPTION OF ADDITIONAL PROPERTY) Declarant reserves, as Development Right, the right to add additional real estate to the Community, consistent with RCW 64.90.315 and the provisions of the CCRs. Such Additional Property includes the following: None SECOND AMENDMENT TO DECLARATION – MAPLE HIGHLANDS SCHEDULE C SCHEDULE C MAPLE HIGHLANDS (DESCRIPTION OF WITHDRAWABLE PROPERTY) Declarant reserves, as Development Right, the right to withdraw real estate from the Community, consistent with RCW 64.90.250 and the provisions of the CCRs. Such Withdrawable Property includes the following: None DECLARATION – MAPLE HIGHLANDS SCHEDULE D SCHEDULE D MAPLE HIGHLANDS (MAINTENANCE RESPONSIBILITY CHART) UNIT IMPROVEMENT: OWNED BY: MAINTAINED BY: PAID FOR BY: Home and Structures on Unit Unit Owner Unit Owner Unit Owner Yards, Improvements and Landscaping on Unit Including Landscaping within the adjacent right-of-way, and maintenance of the sidewalk adjacent to their Unit Unit Owner Unit Owner Unit Owner any Private Storm Drainage, Water, or Side Sewer Easements Located Within their Unit if not Maintained by a Public Utility; and Landscaping Abutting a Unit Unit Owner; exclusive of Street Trees which shall be owned by the City Benefitted Unit Owner; exclusive of Street Trees which shall be maintained by the City Benefitted Unit Owner; exclusive of the cost of maintaining the Street Trees which shall be paid by the City Portions of Utility Installations Serving Only One Unit Unit Owner Unit Owner Unit Owner Private Storm Drainage Facilities including roof runoff drywells located on each Unit Unit Owner Benefitted Unit Owners, exclusive of utilities maintained by the City or applicable utility provider Benefitted Unit Owners, exclusive of utilities maintained by the City or applicable utility provider LIMITED COMMON ELEMENT OWNED BY: MAINTAINED BY: PAID FOR BY: Tract E - LCE Private Access Areas – private access and utilities tract benefitting Skyhorse Units 2-5 Owners Skyhorse Units 2-5 as an equal undivided ownership interest Owners Skyhorse Units 2- 5 Owners Skyhorse Units 2-5, exclusive of utilities maintained by the City or utility providers, or private utility easements serving only Units 2-5 which shall be the responsibility of the benefitted Unit Owner COMMON ELEMENTS OWNED BY: MAINTAINED BY: PAID FOR BY: Tract A – Private Stormwater Tract Unit Owners as an equal undivided ownership interest Association; provided that the City may, following required approvals, accept Association: Assessed to all Units; exclusive of the cost to maintain the stormwater facilities which shall be paid DECLARATION – MAPLE HIGHLANDS SCHEDULE D the stormwater facilities located thereon and assumes the cost of maintenance of such facilities by the City Tract B – Tree Retention Tract Unit Owners as an equal undivided ownership interest Association Association: Assessed to all Units Tract D - Private Stormwater Tract Unit Owners as an equal undivided ownership interest Association; provided that the City may, following required approvals, accept the stormwater facilities located thereon and assumes the cost of maintenance of such facilities Association: Assessed to all Units; exclusive of the stormwater facilities maintained by the City Tract F – Private Stormwater Tract Unit Owners as an equal undivided ownership interest Association; provided that the City may, following required approvals, accept the stormwater facilities located thereon and assumes the cost of maintenance of such facilities Association: Assessed to all Units Tract G - Tree Retention Tract Unit Owners as an equal undivided ownership interest Association Association: Assessed to all Units Entry Monuments & Mail Kiosks Association Association Association: Assessed to all Units Landscaping and Fences Outside of Unit Boundaries Association Association Association: Assessed to all Units Street Landscape Strips and Irrigation outside of and within the Street Right-of- City Association; exclusive of Street Trees which shall be Association: Assessed to all Units; exclusive of the cost of maintaining the DECLARATION – MAPLE HIGHLANDS SCHEDULE D way, if any owned and maintained by the City Street Trees which shall be paid by the City Street Lighting City City City Sidewalks City Owner of the property immediately adjacent to the sidewalk, Unit Owner if a Unit or the Association if a Common Element Unit Owner or the Association, then Assessed to all Units PUBLIC PROPERTY OWNED BY: MAINTAINED BY: PAID FOR BY: Public Utilities and Utility Installations Serving Multiple Units Public Utility Public Utility Public Utility Stormwater Facilities located within the Public Streets, if any, and located within Tracts A, D and F City City City