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HomeMy WebLinkAboutRC 8404090613 1x ` +,, y � , � . : ��1 �iji ` � . . : . � , �,�A ��,� , , , �,_. s ' :�I i^J '�1" . � AMENDMENT TE� DECLARATZON '3$� FOR ���f't1�...•r�a #+�E,1? E: RE�'G F �.Q�:t CEDAR RIDGE RESIDENTIAL FARK �'��H1L *�►:�.a:a�.t�i� �� KING COUNTXr WASHINGTON THIS AMENDMENT to the Declaration and Cavenants, M Conditions, Res�.rictions and Reservations for the t-1 � above-referenced condominium ( the "Declaration" } is made as of � � Q t he �'t� d ay a f `-7�'� C� ;--� , I 9 8 4 . � � � � � I � REGITALS � � A. The Declaration was recorded on under King County Auditor' s File iVa. 810918Q?05 . � B. Pursuant to Article 14 concerning amendmen�s thereto, � the following amendments were approved . � NOW THEREFORE, the Declaration is amended in the following I I �� particu2ars: I 1 . Paragraph 1 .5 .4 "Common Area" is hereby amended ' and as arnended shall read as follows : I ,5 .4 "Common Area" shall mear� all real pra�erty ( including the imprave- ments thereto} owned by the Assacia�ion for I the common use and enjoyment of the Owner� and shall include all of the property de�cribed in Exhibit A and shown on Exhib- it B less each of the Lots shawn on �iLED FQR REC4RD AT �EQt1E�i1 aF i ���anc�c �a+��eu�ns. �����.ao. �rat,w�� , � ' ,, ' � ' � r r r r ` . � � Exhibit B. More specifically, the Common Area shall inc].ude, without iimitation, open space, a21 private r4ads and an R.V. i storage area. The Co�nmon Area to bs awned i by the Assc�ciation is shown on Exhibit B and described in Article 2 hereof. I I 2 . ARTICLE 2 is hereby amended and as amended shall read as follows: ' OWNERSHIP OF COMMON AREA ' The Common Areas within the property described in Exhibit C, including private � roadways, if any, are hereby conveyed to � the Association. The property so conveyed p� is more particularly described and shown as � the entire parcel, less all individual � Lo�s, on the plat of CEDAR RIDGE RESIDEN- TIAL PARK, which plat was recorded on '�' �une 18 , 1981 , at Volume 119 of Plats, I � page(s) 5 ta 10 , Auditor's File No. 810b180552 , records of King Caunty. I , The Comman Areas shall far ali purposes be , under the contro3. , management and admini- stration of the developer during the devel- , apment periad as defined in Article 5 .2 and � under the contral, manayement and ad- ' ministration of the As�ociation after the development period. 3 « Parayraph 3.1(d} is hereby amended and as amended shall read as follows: � (d) the right of individual Owners to the vse of parking spaces as pro- vided in Article 3 .3 . � 4 . Parayraph 3 .3 , Parking Ric�hts, is hereby amended and � as amended shall read as follows: � 2 < , ' • : • ' ' � � t . Ownership of each Lot shall enti- tle the Owner or 4wners thereof to use in comman with other Owners all parking spaces within the Connmon Area . Temporary space assignments may be made from time ta time � by Declarant or the Baard, if deemed appro- priate by the Board under the circum- stances. This parking shall be in addition to the garage located on each Lat. Each Owner and his guests shall also be entitled to use on a periadic basis any and all remaining parking spaces located within the Common Area, subject to such ruies as the Association may promu3.gate from time to time. Parking spaces are restricted to use � for parkiny of aperative autamobiles. � Other items, equipment or vehicles may be p parked or kept therein anly subject to the Q rules and regulations of the Board . The Board shall require removal o£ any inopera- ' � tive , unsightly or a.mproperly licensed �t?''„ vehicle or ather equipment at the expense of the t3wner thereof . 5 . Paragraph 5.2 , Management by Declarant, is hereby amended and as amended shall read as follows: During the development period , which sha3i extend from the date here4f ' until a date two years from the date hereo� until a date two years from the date of' the �'irst conveyance of the first Lot, or a date not more than ane hundred twenty ( 120 ) days from the date of which Declarant shall have closed the sales of seventy-five per-- cent (75�} of the Lots, or the date on i which Declarant elects to permanently relirtguish all of its authority under this Section 5.2 by written nc�tice to all Own- ers, whichever date fir�t occurs, the Prap- erty shall be managed and the Asso�iation organized as follows , in the exercise of the so�e discretion of the Deciarant: 3 . i . � ' ' . F , � , , , ' . • • � , � 5.2.2 Declarant may at such times as Declarant deems appropriate select a temporary board of adequate size to han- dle the affairs of the Association, com- prised of persons who own or are purchasers of Lots, or are officers of corporations, trusts, partnerships or other entities own- ing or purchasing such Lots. This tempo- rary board shall have the full authority and all rights, responsibilities , privi- leges and duties to manage the Premises under this Declaration and Bylaws , and ' shall be subject to all provisions of the Declaration and Bylaws; provided , that, after selecting any such temporary board, �"� Declarant in the exercise of its sole dis- � cretion may at any time terminate such tem- � orar board and reassume its mana ement . 9 � authorit under Section 5.2 .1 or select a O y ,� new temporary board under this p Section 5 .2 .2 . tr � 6 . Paragraph 9 .2 , PurPose of Assessments, is hereby amended and as amended shall read as follows: The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and , welfare of the residents in the Properties � nd r the im rovement and maintenance of a fo P the Common Area including the private road- way and adjacent landscaping more particu- larly described in Article 9 .27 below. i access 7 . Parayraph 9 .27 , Assessment for Private ,Road and Land- scaping Maintenance , is hereby added to said Declaration and, as added, shall reac� aG fol(�ows: ccess to the Pro 'ect is a A J ( ) across a:fras�chised roadway establ ished pur- suant to a City of Renton franchise (Ordinance #3554) . This franchise is for a period of twenty-five ( 25) years and requires the Owners' Association to main- tain and repair the private roadway and landscaping within the franchise area. 4 , _ < < , . . - � � . . , # - � . � . tb) There shall be included in the Asso�iatian budget a specia3. mainte- nance fund or funds, the Parpose of which shall be to maintain the francY�ised . roc�tdway and landscaping . Each regular assessmen� shall include a charge of Two Dollars ($2.00) per month per unit, with said amount earmarked for the maintenance of said roadway. The Board shali a2so include an additiona3 sum in each regular assess- ment to caver the cost of said ].andscaping maintenance. The amaunt of said assessment shall be determined from time to �ime, but � at least annually, by the Board. I � (c) In the event that said fran- j chise agreement xs not renewed at the end � � of its term, all monies accumulated within � � said special funds shali be turned over to e�+ the City of Rentan in partial gayment of � the costs of installing such improvements � which are deemed reasonably necessary by I the City to bring the roadway into full I compliance with city standards. Any costs � associated with bra.nging the roadway inta i compliance with ci�ty standards in excess of � said special. fund shall be the responsi- � bility of the Owners' Association. I . I � 8 . Paragraph 11 .5, Abandonment of Planned Unit Develop- I � ment Status, is hereby amended and as aznended shall read as ifollows: The Assaciation shall not, with- I � aut prior written approval of seventy five I percent (75�;) of all f irst mart�agees (based upon ane vote for each first mort- gac}e owned} and Owners {other than the i sponsor, developer or builder) of recard of the Lots, seek by act or omission to aban- don or terminate the planned Unit develop- � ment status of the project, or without I seventy-five percent (75�) of all first mortyagees (based upon one tl) vote for � each first mortgage awned) and pwners (other than the sponsor, devel.aper or builder} of record, seek by aet or omission i to abandon, encumber, sell or transfer any af the Co�nmon Areas. � ( � � 5 � ( � a 1`� , • � • � • I , • ! t • ' • ' ' � ` 9. Paragraph 11 «6 , Change in Declaration, Bylaws of Ratio of Assessments is hereby amended and as amended shali read as follaws: � The Association shall not make � any material amendment to the Decl.aration � or Bylaws { including the manner or extent � of ownership of the Cammon Areas or the � ratia of assessments thereforj without the i prior writ�er� appraval of seventy-f ive per- cent tTS�) af all first mortgagees (based � upon one vote for each first mortgage � owned� and Owners (other than the sponsor, ,r„1 devel.oper or builder) of recard of the Cp Lots, and without unanimous approval of the � mortgagee�s} af the Lots( s} far which the � Q assessment share(s} wauld be changed, � �1' q} ' 10 . Paragraph 17 .3 , Insurance Proceed�, is hereby amended and as amended shall read as follows: � Insctrance pr4ceeds Ear damage ar �, destruction ta any part of the Property � shall be paid to the Board an behalf of the Association which shall segregate such pro- I ceeds from other funds of the Association � j for use and payment as provided for in '� Faragraph 17 , A11 such funds shall be held by the Board in trust for the use and bene- j fit of the 4wners and their mort�agees as their respective interests rnay appear. The , Association acting thraugh its Board shall I , have the exclusive authority to settle and I � compromise any claim under insurance i, abtained by the Assaciatian and the insurer may accept a re2ease and discharge of 2ia- ' bility made by the Baard on behalf of the � named insureds under the palicy. � 11 , Paragraph 19 .5 .3 is hereby amended and as amended shall read as follows: 19 .5.3 A written decision af sev- enty five percent {7S�j of the Lot Owners and mortgagees (based upon one vote for � � I � � � � � • ' , / , • , • ♦ �7 � ♦ � • � �• • � 1. . ♦ � �� r � each first mortgage owner]) will be required to avoid the provisions of subsec- tion 19 .4 .1 and to determine not to repair and restore the damage and destruction in accordance with the original plans, as amended by subsequent amendments, if any; provided, that the failure of the Board, the requisite number of owners or a mortga- gee to call for a spec�al meeting at the time or in the manner set forth in Sec- tion 19 .5 shall be deemed a unanimous deci- sion to undertake such work. -t-I1 � � M DATED this �_ day of (x �-C. , 1984 . ri � Q OLD STONE MORTGAGE COMPANY Successor To p CEDAR RIDGE ASSOCIATES � � � � �O/� S'�o a �n►�� C�.<� STATE OF WASHINGTON ) ) ss . COUNTY OF KING ) . On this day personally appeared before me M�c�.e�Q t 5�--�ue�� to me known to be the Q5s'k J . � . of OLD STONE MURTGAGE COMPANY, the corporation described in the foreyoiny instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes ther�in mentioned, and on oath stated that � was authorized to execute the said instrument on behalf of the corporation. GZVEN under my hand aRd official seal this �_ day of �a,rc��, . 1984 . .,,� �� `, � ,.��",t � �,.� . � �\ t��N y '�r�� �'� - Notary Publ ic in and �ox; � � ���' State of Washi�-ton, resie�ing" o; " a t ��p,v�1 c� t1 �'.�c ��Y 10����.. ,,� :,�.. '� •,�j , 1.� , N��� �.;�`; � �jj'Y� �.� . BDA:j s �•..,,, „�,•�� ' 2/23/84 7