HomeMy WebLinkAbout6. Second Amendment Maple Highlands CCRs (Add Skyhorse) 07.29.24SECOND 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
_______________, 2024, 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 fence or
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.
9.9.7 Private easement for french drain over Tracts F and G for the
benefit of Skyhorse Units 1-8 to be maintained by the Association with the cost of
such maintenance to be a Common Expense allocated to Skyhorse Units 1-8.
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
SECOND AMENDMENT TO DECLARATION – MAPLE HIGHLANDS PAGE -5-
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:
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, E, D, F and G; 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
SECOND AMENDMENT TO DECLARATION – MAPLE HIGHLANDS PAGE -6-
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.
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 Second
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, City Manager & 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 City Manager and
Division Vice 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 owns and
maintains the stormwater
Association: Assessed to all Units;
exclusive of the cost to maintain the
stormwater facilities which shall be paid
DECLARATION – MAPLE HIGHLANDS SCHEDULE D
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 owns and
maintains 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
Association: Assessed to all Units
Tract G - Tree Retention 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
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-
way, if any
City Association; exclusive of
Street Trees which shall be
owned and maintained by
the City
Association: Assessed to all Units;
exclusive of the cost of maintaining the
Street Trees which shall be paid by the
City
Street Lighting City City City
DECLARATION – MAPLE HIGHLANDS SCHEDULE D
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