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Home My WebLink AboutRC 20070523001800 t 4 After recording return to: City Clerk's Office City of Renton 1055 South Grady Way Renton,Washington 98055 11 0E1 01 01 000 20070523001800 CITY OF RENTON AMND 34.00 PAGE001 OF 003 05/23/2007 14:41 KING COUNTY, UA DOCUMENT TITLE Second Amendment to Declaration of Protective Covenants for the Plat of Stone Ridge(A.K.A.Windstone) REFERENCE NO.OF DOCUMENTS ASSIGNED/ 20051020000338,20051207002324 RELEASED GRANTOR KBS Development Corporation GRANTEE City of Renton The Public LEGAL DESCRIPTION Lot W,King County BLA No.L00L0089,Recording No. 20020702900007,in King County,Washington ASSESSOR'S PARCEL NO. 032305-9046;032305-9034;032305-9033;032305-9042 SECOND AMENDMENT TO THE DECLARATION OF PROTECTIVE COVENANTS FOR THE PLAT OF STONE RIDGE(A.K.A.WINDSTONE) Windstone Div. II KBS Development Corporation, Developer herein,hereby amends the Declaration of Protective Covenants for the Plat of Stone Ridge(A.K.A. Windstone), recorded under King County Recording No. 20051020000338,as amended by the First Amendment to the Declaration of Protective Covenants for the Plat of Stone Ridge(A.K.A. Windstone),recorded under King County Recording No. 20051207002324 (collectively,the "Declaration"). WHEREAS,pursuant to Article 3 of the Declaration,prior to termination of the Development Period,the Developer is authorized to subject additional properties to the Declaration; and WHEREAS,the Development Period has not terminated; NOW,THEREFORE,pursuant to Article 3 and Section 16.1 of the Declaration,Developer hereby amends the Declaration as follows: 1. The Plat of Windstone Div.II, recorded with the King County Recorder under Recording No. it 00 70 5 2 3 ci® (7 g? ("Div. II") is hereby subjected to the Declaration. The land within Div. II is shown on the Map for Div. II and is legally described as follows: Page 1 of 3 W.\WPDOCS\24025\007\JIR3091.DOC Second Amendment to Declaration of 02/27/07 Plat of Stone Ridge(A.K.A Windstone) • Lot W,King County Boundary Line Adjustment No. L00L0089, recorded under Recording No. 20020702900007,in King County, Washington,being a portion of the Northeast quarter of the Southeast quarter of Section 3, Township 23 North,Range 5 East, Willamette Meridian, in King County,Washington. 2. In addition to those Tracts,easements and other areas set forth in Section 1.5 of the Declaration,the Common Area shall include Tract A of Div. II and the drainage easements and appurtenances located within Div. II as shown on the Windstone Div. II Plat Map and intended for common use and enjoyment. The City of Renton shall have access to the easement area as necessary to inspect or maintain the drainage facilities and appurtenances thereon. 3. As set forth on the Map for Div. II,private easements for access and utilities are granted to Lots 3 and 8 and a private easement for tie-back is granted to Tract A. Said easements shall be non- exclusive,perpetual and appurtenant and shall run with the land and bind the heirs,successors and assigns of the Lot Owners of Lots 2, 3, 8 and 9 and Tract A of Div.II. 3.1 The Association shall pay all costs to maintain the easement and appurtenances located on Tract A of Div. II,which costs shall be a common expense,except that the costs to maintain, repair and replace any utilities or other appurtenances located within the easement area on said Tract A and solely serving Lot 3 of Div. II shall be paid by the owner of said Lot 3. The Owner of said Lot 3 shall hold the Association harmless from any and all claims, losses,damages and causes of action arising from or related to the use of the easement area by the Owner of said Lot 3,except for claims, losses,damages and causes of action arising from the negligence or intentional misconduct of the Association. Lot 3 of Div. II is the Benefited Property and Tract A of Div. II is the Burdened Property for the easement set forth in this Section 3.1. 3.2 The owners of Lots 8 and 9 of Div. II shall share equally in all costs to maintain the easement and appurtenances within the easement area located on Lot 9 of Div. II. The Owner of Lot 8 of Div. II shall hold the Owner of said Lot 9 harmless from any and all claims, losses,damages and causes of action arising from or related to the use of the easement area by the Owner of said Lot 9,except for claims, losses,damages and causes of action arising from the negligence or intentional misconduct of the Owner of said Lot 9. Lot 8 of Div.II is the Benefited Property and Lot 9 of Div. II is the Burdened Property for the easement set forth in this Section 3.2. 3.3 The tie-back easement area located on Lot 2 of Div. II shall be used by the Association only for the installation,repair, maintenance and reconstruction of tie-backs or other support devices for the retaining wall located on Tract A of Div. II. The Association shall pay all costs to install, repair,maintain and reconstruct the tie-back easement and appurtenances located on Lot 2 of Div. II, which costs shall be a common expense. The Association shall hold the Owner of said Lot 2 harmless from any and all claims, losses,damages and causes of action arising from or related to the use of the easement area b the Association,except for claims, losses,damages and causes of action arising from the negligence or intentional misconduct of the Owner of said Lot 2. Tract A of Div. II is the Benefited Property and Lot 2 of Div. II is the Burdened Property for the easement set forth in this Section 3.3. 3.4 Prior to taking any action within the easement area which may interfere with the Burdened Property owner's use of the easement area,the Lot Owner of the Benefited Property shall give the Lot Owner of the Burdened Property reasonable advance notice,unless immediate entry is necessary due to emergent damage or threat to the Benefited Property and/or Burdened Property. The Lot Owner of Page 2 of 3 W:\WPDOCS\24025\007UIR3091.DOC Second Amendment to Declaration of 02/27/07 Plat of Stone Ridge(A.K.A Windstone) the Benefited Property shall restore the landscaping and other improvements within the easement area to their condition immediately prior to any maintenance,repairs or replacement. 4. The Lot Owners of Lots within Div. II shall be Members of the Association and shall be entitled to all benefits and subject to all obligations of Members of the.Association. 5. Unless otherwise stated herein, all capitalized terms used in this Second Amendment shall have the meanings set forth in the Declaration. 6. Except for the matters stated in this Second Amendment, all of the provisions contained in the Declaration remain in full force and effect. This Amendment shall be effective upon recording. Dated this �� day of 41 ct , 200 DEVELOPER: KBS DEVELOPMENT CORPORATION By: . /Y Kin Taylor,President STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) —ft THIS IS TO CERTIFY that on this iv--day of y ,2007, before me,a Notary Public in and for the State of Washington,duly commissioned and sworn,came Kolin Taylor,personally known or having presented satisfactory evidence to be the President of KBS Development Corporation,a Washington corporation,the corporation that executed the foregoing instrument,and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. WITNESS p.and official seal the day and year in this certificate first above written. .o'1 ,r 7.,1 ', Print Name: C'u �' 'etc'f; G A ,S fe +�= a : . Notary Public in and for the ItS V y `� = 2 State of Washington, residing at � � +QB'30. `4Z" .1 Expiration Date: -..3 0 -cog sOF W rkS Page 3 of 3 W.\WPDOCS\24025\007\JIR 3091.DOC Second Amendment to Declaration of 02/27/07 Plat of Stone Ridge(A.K.A Windstone)