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Home My WebLink AboutRC 20131205001154 After Recording Return To City Clerk's Office City of Renton 1055 South Grady Way Renton,WA 98057 11.1 111 111 11 11 01 1 11 1111 CITY OF RENTON AMND-RER 84.00 PAGE-001 OF 013 12/05/2013 11:46 KING COUNTY, WA AMENDED AND SUPPLEMENTAL DECLARATION OF COVENANTS,CONDITIONS, RESTRICTIONS,AND RESERVATIONS FOR CLAREMONT AT RENTON (PHASES I AND II),A SUBDIVISION Grantor/Declarant: Toll WA LP, a Washington limited partnership Grantee: The Claremont at Renton Homeowners Association, a WA non-profit corporation Legal Description: Plat of Claremont at Renton, Vol. 262 of Plats, Pgs. 025-029, King County recording #20130326001107; Plat of Claremont at Renton Phase II, Vol. . q of Plats, Pgs. 1 -mob , King County recording QOSARO.SD a x/.53 Complete legal description on Exhibit A Assessor's Tax Parcel ID#: 1604730420;1604730010; 1604730020; 1604730030; 1604730040; 1604730050; 1604730060; 1604730070; 1604730080; 1604730090;1604730100; 1604730110; 1604730120; 1604730130;1604730140; 1604730150;1604730160; 1604730170; 1604730180; 1604730190; 1604730200; 1604730210; 1604730220; 1604730230; 1604730240; 1604730250; 1604730260; 1604730270; 1604730280; 1604730290; 1604730300; 1604730310; 1604730320; 1604730330; 1604730340; 1604730350; 1604730360; 1604730370; 1604730380 Documents Amended: 20130326001108 AMENDED AND SUPPLEMENTAL DECLARATION CLAREMONT AT RENTON PAGE 1 OF 13 AMENDED AND SUPPLEMENTAL DECLARATION OF COVENANTS,CONDITIONS, RESTRICTIONS,AND RESERVATIONS FOR CLAREMONT AT RENTON This Amended and Supplemental Declaration of Covenants, Conditions, Restrictions,s,and Reservations for Claremont at Renton ("Amended and Supplemental Declaration") is made thisi'ay of NOV , 2013 by Toll WA LP, a Washington limited partnership hereinafter referred to as "Declarant." This Supplement and Amendment is made for the purpose of subjecting Claremont at Renton Phase II, which is legally described on Exhibit A attached hereto and incorporated herein, to the terms and conditions of the Declaration of Covenants, Conditions, Restrictions, and Reservations ("Declaration") recorded for Phase I of Claremont at Renton, which is legally described on Exhibit B attached hereto and incorporated herein, and to amend the Declaration as provided herein. RECITALS A. Claremont at Renton is a subdivision consisting of thirty-eight (38) Lots and four (4) Tracts and Claremont at Renton Phase II is a subdivision consisting of fifty-three (53) Lots and nine (9) Tracts. Claremont at Renton and Claremont at Renton Phase II are located in the City of Renton, King County,Washington. Claremont at Renton and Claremont at Renton Phase II are collectively referred to herein as the "Property". B. Claremont at Renton was subjected to certain Covenants, Conditions, Restrictions, and Reservations in that Declaration recorded under King County Recording number 20130326001108 (the "Declaration"). C. Article 14 of the Declaration provides that the Declarant may subject Claremont at Renton II (referred to as the "Annexation Property" in the Declaration) to the provisions of the Declaration by recording a Supplemental Declaration and that such Supplemental Declaration does not require the consent of any person other than the Declarant. D. Declarant wishes to subject Claremont at Renton II as legally described in Exhibit A to the Declaration. E. Article 12 of the Declaration authorizes the Declarant to amend the Declaration during the Class B Control Period. In addition to subjecting Claremont at Renton II to the Declaration and making such amendments as are necessary to encompass revisions associated with subjecting Claremont at Renton II to the provisions of the Declaration, Declarant wishes to amend the Declaration to reference a Street Tree and Landscape Easement recorded subsequent to the recording of the Declaration. AMENDED AND SUPPLEMENTAL DECLARATION CLAREMONT AT RENTON PAGE 2 OF 13 Il • • SUBMISSION OF CLAREMONT AT RENTON PHASE II TO THE DECLARATION Declarant hereby declares that the Annexation Property known as Claremont at Renton Phase II is subjected to the Declaration and further declares that the Property, which is legally described in Exhibits A and B hereto shall be held, sold, conveyed, encumbered, leased, rented, occupied and improved subject to the Declaration and the covenants, conditions, restrictions, reservations, grants of easement rights, rights of way, liens, charges and equitable servitudes set out therein, as amended by this Supplemental Declaration, which are for the purpose of protecting the value and desirability of the Property, and which shall be binding on all parties having any right, title or interest in the Property or any part thereof and shall inure to the benefit of each owner thereof. The Declaration, as amended by this Supplemental Declaration, shall run with the land and bind Declarant, Owners, their successors and assigns, all subsequent Owners of the Property or any part thereof, together with their grantees, successors, heirs, executors, administrators, devisees or assigns. Any conveyance, transfer, sale, assignment, lease or sublease of a Lot in the Property shall, and hereby is deemed to incorporate by reference, all provisions of the Declaration as amended by this Supplemental Declaration. The provisions of the Declaration, as amended by this Supplemental Declaration shall be enforceable by Declarant, any Lot Owner, the Association, and any first Mortgagee of any Lot. The following amendments are hereby made by Declarant to the Declaration for the purpose of incorporating Claremont at Renton Phase II into the terms and provisions of the Amended and Restated Declaration and to address that certain Street Tree and Landscape Easement recorded subsequent to the recording of the Declaration. All other provisions of the Declaration shall remain in full force and effect. The following definitions shall be added to Article 1 of the Declaration: "Native Growth Protection Area" and "NGPA" shall mean Tracts F and K of Claremont at Renton Phase II which are subject to a restriction requiring the preservation of all trees and other vegetation in the Tracts. All trees and other vegetation must be left undisturbed and may not be cut, pruned, covered by fill, removed or otherwise damaged. Any disturbance requires the written approval of the City of Renton. "Street Tree and Landscape Easement" shall mean (1) that easement granted to the Association over Lots 1-10 of Phase I of Claremont at Renton and over Lot 39 of Claremont at Renton II for the purposes of planting, maintaining and replacing Street Trees and associated landscaping and irrigation on those Lots, which was recorded under King County recording number 20130401001610; and (2) that easement granted to the Association over Lots 39-43 upon the recording of the Claremont at Renton Phase II Plat for the purposes of planting, maintaining and replacing Street Trees and associated landscaping and irrigation on those Lots as set out in Easement Note 9 of the Plat. AMENDED AND SUPPLEMENTAL DECLARATION CLAREMONT AT RENTON PAGE 3 OF 13 • The following definitions shall replace those definitions set out in Article 1 of the Declaration in their entirety: "Plat" shall mean the recorded plat maps which depict the layout of the Lots and Tracts on the Property. The Plat of Claremont at Renton was recorded in Volume 262 of Plats, Pages 025-039 under Recording Number 20130326001107, King County, Washington. The Plat of Claremont at Renton Phase II was recorded in Volume 426 of Plats, Pages /^b under Recording Number 'O/3/ao.5.DD//53 King County,Washington. "Private Storm Drainage Easements" shall mean the private easements described in Easement Notes 2, 3 and 4 on Sheet 2 of the Plat of Claremont at Renton, the private easements described in Easement Notes 2 through 8 on Sheet 2 of the Plat of Claremont at Renton II and in Section 2.8 of the Declaration as set out on Exhibit D hereto. "Property" shall mean that real property and the improvements thereon located within the County of King, State of Washington, commonly known as Claremont at Renton and Claremont at Renton II which are more particularly described on Exhibits A and B attached hereto. "Street Trees" shall mean the street trees located on the Lots adjacent to the public streets internal to the Plat which are maintained by the Owner of the Lot upon which the trees are located, and the street trees located on Lots and Tracts adjacent to Nile Ave. NE as set out in the Street Tree and Landscape Easement,which are maintained by the Association. "Tract" shall mean and refer to any of Tracts A, B, C, D, E, F, G, H, I,J and K as shown on the Plat and any improvements thereon. Tracts A, B, C, D, F, G, H and K are owned by the Association. Tract I is owned by the City of Renton. Tracts E and J are privately owned joint use driveways. See Exhibit C for ownership and maintenance responsibilities for the Tracts. "Yard Landscaping" shall mean landscaping installed by Declarant or installed by Owner on a Lot, including trees, grass, shrubs and other plantings, and includes the Street Trees located on Lots with the exception of those Street Trees located adjacent to Nile Ave. NE. The following Sections of Declaration are hereby revised as follows and such revisions shall replace those provisions as set out in the Declaration in their entirety: Section 2.1 Description of Common Area. The Common Area, as shown on the Plat Maps for Claremont at Renton and Claremont at Renton II, is comprised of the following: Claremont at Renton: Tract A- Open Space Tract Tract B-Open Space/Recreation Tract Claremont at Renton II: Tract C-Open Space/Recreation Tract Tract D-Open Space Tract AMENDED AND SUPPLEMENTAL DECLARATION CLAREMONT AT RENTON PAGE 4 OF 13 • • Tract F—Native Growth Protection Area Tract Tract G-Open Space/Recreation Tract Tract H -Open Space/Recreation Tract Tract K—Native Growth Protection Area Tract Tracts E and J of Claremont at Renton II are private access tracts owned in undivided interest by the Lots served. Tract I is owned by the City of Renton. These Tracts are not part of the Common Area. See Exhibits C and D. Section 2.2 Dedication of Common Area. The Declarant, by recording the Plat, dedicated and conveyed the Common Area (without warranty) to the Association. In the event that the Association is ever dissolved,then each Lot in the Plat shall include an equal and undivided interest in Tracts A, B, C, D, F, G, H and K previously owned by the Association and have the attendant obligation to maintain those Tracts. Any dedication of Common Area to the City can only be done with the prior written approval of the City of Renton. Section 2.4 Association Maintained Area. The Association Maintained Area is comprised of the following areas,facilities and improvements: ▪ The Common Area, including any irrigation system serving any portion of the Common Area ▪ Any Entry Monuments and Association Signage ▪ The Street Trees located on Lots and Tracts adjacent to Nile Ave. NE The Association Maintained Area also includes any other areas, facilities, improvements or property acquired by the Association or for which the Association has, or assumes, responsibility pursuant to the Declaration or any covenants, contracts or agreements. Section 2.8 Private Storm Drainage Easements. The Plat creates a private storm drainage easement over Lots within the Plat for the benefit of other Lots within the Plat as set out on the Plat and Exhibit D hereto. The maintenance of the shared facilities within those private storm drainage easements shall be the responsibility of the Lots benefiting from the storm drainage facilities therein on an equal basis. The maintenance of any portion of the drainage facilities used by only one Lot shall be the sole responsibility of the Owner of that Lot. Section 4.3 Tree Trimming, Maintenance and Removal. The Board may require, at the Owner's expense, the trimming or, if deemed necessary by the Board, removal of any tree, hedge or shrub on the Owner's Lot that the ACC determines (i) is interfering with the view or access to sunlight of any Common Area, (ii) is interfering with pedestrian travel on sidewalks or walking paths in the community, or(iii) is interfering with safe automobile travel in the community, provided that no tree may be removed unless any necessary permits are obtained from the City of Renton. Each Lot Owner shall maintain and pay for the costs of maintenance of the Street Trees on his/her Lot. If an Owner wishes to remove any tree that is part of the Yard Landscaping, including Street Trees, that is eight inches or greater in diameter at breast height, the ACC must approve the removal of the trees. The ACC mayrequire the report of an arborist attestingthat a tree is unhealthyor that it presents a q P hazard to person or property. All requests must be submitted for approval to the ACC in duplicate at AMENDED AND SUPPLEMENTAL DECLARATION CLAREMONT AT RENTON PAGE 5 OF 13 least 30 days prior to the proposed removal date. In the event the ACC fails to approve or disapprove such removal within 30 days after the request has been submitted to it, the ACC approval will be deemed to have given. In the event of an emergency notice should be given to the ACC as soon as practicable and the ACC shall provide a prompt response. No tree located within a Native Growth Protection Area Tract may be removed without complying with City of Renton tree preservation restrictions for trees located in those Tracts which require the written approval of the City of Renton to remove any tree located in Native Growth Protection Area Tracts. In addition, the removal of any Street Tree or other tree on any Lot or elsewhere in the Plat shall comply with applicable City of Renton permit requirements for tree removal and any replacement obligations. Section 6.20 Native Growth Protection Area. Tracts F and K of Claremont at Renton Phase II are designated as Native Growth Protection Areas and are subject to a restriction requiring the preservation of all trees and other vegetation in the Tract. All trees and other vegetation must be left undisturbed and may not be cut, pruned, covered by fill, damaged or removed unless approved in writing by the City of Renton Exhibit C attached hereto and incorporated herein shall replace Exhibit C to the Declaration in its entirety. IN WITNESS WHEREOF, Declarant has executed this Supplement to Declaration on the day of NOV . 2013. DECLARANT: TOLL WA LP, a Washington limited partnership By:TOLL WA GP CORP, a Washington corporation Its: General Partner By: Eric H. a ••- s Division President AMENDED AND SUPPLEMENTAL DECLARATION CLAREMONT AT RENTON PAGE 6 OF 13 • STATE OF WASHINGTON ) ss. COUNTY OF KING I certify that I know or have satisfactory evidence that ERIC H. CAMPBELL is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath, stated that said person was authorized to execute the instrument and acknowledged it as the Division President of Toll WA GP Corp, a Washington corporation, the general manager of Toll WA LP, a Washington limited partnership, to be the free and voluntary act of such entity for the uses and purposes mentioned in the instrument. ill Dated this'' day of Abli , 2013 • GIGI BLANCHETTE ' . NOTARY PUBLIC 341 � r(Sign ure of Notary) STATE OF WASHAGT (Legibly Print or Stamp Name of Notary) COMA.U.;3iOir tai:"itiES OCTOBER 15, 2018 Notary public in and for the state of Washington, residing at <I Rl4_ ' .../P My appointment expires OGf (� c301 AMENDED AND SUPPLEMENTAL DECLARATION CLAREMONT AT RENTON PAGE 7 OF 13 • EXHIBIT A LEGAL DESCRIPTION OF CLAREMONT AT RENTON PHASE II The Plat of Claremont at Renton Phase II recorded in VolumeR4q of Plats, Pages /•- 4, under Recording Numbera0/1/.20.3.00/45.3 , King County, Washington. AMENDED AND SUPPLEMENTAL DECLARATION CLAREMONT AT RENTON EXHIBIT A • EXHIBIT B LEGAL DESCRIPTION OF CLAREMONT AT RENTON PHASE I The Plat of Claremont at Renton recorded in Volume 262 of Plats, Pages 025-039 under Recording Number 20130326001107, King County, Washington. AMENDED AND SUPPLEMENTAL DECLARATION CLAREMONT AT RENTON EXHIBIT B • EXHIBIT C OWNERSHIP AND MAINTENANCE RESPONSIBILITIES This table identifies the lots,tracts, easements and utilities within the Property,who owns those portions or has an easement interest,who is responsible to maintain them,and how the maintenance costs are allocated. The following notations are intended to show in what Phase a Tract was created: CR=Claremont at Renton CR II=Claremont at Renton II Tract or Easement Owner/Easement Maintained By Paid By/Assessed To Beneficiary Individual Lots Individual Owners Individual Owners Individual Owners *Tract A-Open Space(CR) Association Association Assessed to All Owners *Tract B-Open Space/Recreation Association Association Assessed to All Owners (CR) **Tract C-Open Space/Recreation Association Association Assessed to All Owners (CR II) **Tract D-Open Space Tract(CR II) Association Association Assessed to All Owners **Tract F—NGPA Tract(CR II) Association Association Assessed to All Owners **Tract G-Open Space/Recreation Association Association Assessed to All Owners Tract(CR II) **Tract H-Open Space/Recreation Association Association Assessed to All Owners Tract(CR II) **Tract K—NGPA Tract(CR II) Association Association Assessed to All Owners Tract E—Joint Use Driveway(CR II) Lots 90 and 91 Owners of Lots 90&91 Owners of Lots 90&91 Tract J— Joint Use Driveway(CR II) Lots 43 and 44 Owners of Lots 43&44 Owners of Lots 43&44 Tract I—Detention (CR) City of Renton City of Renton City of Renton Irrigation facilities in Tracts owned Association Association Assessed to All Owners by Association and Water/Power Billings Private Drainage Easements See Exhibit D for Owners of Benefitted Owners of Benefitted See Exhibit D benefitted Lots Lots Lots pay costs for portion of facilities used only by that Lot&share equally in maintenance costs for portion of the facilities used in common. Public Sewer Easement over Lots 8 Easement Benefits City maintains sewer City of Renton &9 the City of Renton facilities Street Trees(except Street Trees Owner of Lot upon Owner of Lot upon Owner of Lot upon adjacent to Nile Ave. NE) which Street Tree is which Street Tree is which Street Tree is located located located Street trees adjacent to Nile Ave. NE Association Association Assessed to All Owners Sidewalks City of Renton Owner of adjacent Lot Owner of adjacent Lot Street Lighting(except Street Intolight Intolight Association-Assessed to Lighting adjacent to Nile Ave. NE) All Owners Street Lighting adjacent to Nile City of Renton City of Renton City of Renton Ave. NE AMENDED AND SUPPLEMENTAL DECLARATION CLAREMONT AT RENTON EXHIBIT C EXHIBIT D PLAT NOTES PHASE I: EASEMENT PROVISIONS/NOTES: THE EASEMENTS DEPICTED ON THE MAP SHEETS OF THIS FINAL PLAT ARE FOR THE LIMITED PURPOSES LISTED BELOW AND ARE HEREBY CONVEYED FOLLOWING THE RECORDING OF THIS FINAL PLAT AS SPECIFIED ACCORDING TO THE RESERVATIONS LISTED BELOW: THE CITY OF RENTON SHALL HAVE THE RIGHT TO ENTER THE PRIVATE DRAINAGE EASEMENTS SHOWN HEREON TO REPAIR ANY DEFICIENCIES OF THE DRAINAGE FACILITY IN THE EVENT THE OWNER(S) IS/ARE NEGLIGENT IN THE MAINTENANCE OF THE DRAINAGE FACILITIES. THESE REPAIRS SHALL BE AT THE OWNER'S COST. 1. AN EASEMENT IS HEREBY GRANTED AND CONVEYED TO THE CITY OF RENTON, KING COUNTY WATER DISTRICT #90, PUGET SOUND ENERGY, QWEST, COMCAST, THE OWNERS OF ALL LOTS WITHIN THIS PLAT AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, UNDER, OVER AND UPON THOSE EASEMENTS DESIGNATED AS "UTILITY EASEMENT", THE EXTERIOR 10 FEET PARALLEL WITH AND ADJOINING THE STREET FRONTAGE OF ALL LOTS AND TRACTS IN WHICH TO INSTALL, LAY CONSTRUCT, RENEW, OPERATE AND MAINTAIN UNDERGROUND CONDUITS, CABLE, PIPELINE, WIRES, AND SIDEWALKS WITH THE NECESSARY FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVICE TO THIS SUBDIVISION AND OTHER PROPERTY WITH ELECTRIC, TELEPHONE, GAS, CABLE T.V. SERVICE, SEWER, WATER AND PUBLIC AND PRIVATE DRAINAGE TOGETHER WITH THE RIGHT TO ENTER UPON THE EASEMENTS AT ALL TIMES FOR THE PURPOSES STATED. NO LINES OR WIRES FOR THE TRANSMISSION OF ELECTRIC CURRENT, OR FOR TELEPHONE USE, CABLE TELEVISION, FIRE OR POLICE SIGNAL FOR OTHER PURPOSES, SHALL BE PLACED UPON ANY LOT UNLESS THE SAME SHALL BE UNDERGROUND OR IN CONDUIT ATTACHED TO A BUILDING. 2. THE 10 FOOT WIDE PRIVATE DRAINAGE EASEMENT WITHIN LOTS 13 THROUGH 15 IS FOR THE BENEFIT OF LOTS 12 THROUGH 14; THE OWNERS OF SAID LOTS SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THAT PORTION OF THE DRAINAGE FACILITIES THEY HAVE THE BENEFIT OF USE, AND SHALL EQUALLY SHARE IN THE MAINTENANCE OF THAT PORTION OF THE DRAINAGE FACILITIES USED IN COMMON. 3. AN EASEMENT IS HEREBY GRANTED AND CONVEYED TO KING COUNTY WATER DISTRICT#90 UNDER, OVER AND UPON THAT PORTION OF TRACT X DEPICTED HEREON AS "PUBLIC WATER EASEMENT", IN WHICH TO INSTALL, LAY CONSTRUCT, RENEW, OPERATE AND MAINTAIN UNDERGROUND WATER MAINS WITH THE NECESSARY FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVICE TO THIS SUBDIVISION AND OTHER PROPERTY WITH WATER TOGETHER WITH THE RIGHT TO ENTER UPON SAID EASEMENT AT ALL TIMES FOR THE PURPOSES STATED. 4. AN EASEMENT IS HEREBY GRANTED AND CONVEYED TO THE CITY OF RENTON UNDER, OVER AND UPON THOSE PORTIONS OF TRACT X, LOTS 8 AND 9 DEPICTED HEREON AS "PUBLIC SEWER AMENDED AND SUPPLEMENTAL DECLARATION CLAREMONT AT RENTON EXHIBIT D • • EASEMENT", IN WHICH TO INSTALL, LAY CONSTRUCT, RENEW, OPERATE AND MAINTAIN UNDERGROUND SEWER MAINS AND SEWER SERVICE WITH THE NECESSARY FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVICE TO THIS SUBDIVISION AND OTHER PROPERTY WITH SEWER MAINS AND SEWER SERVICE TOGETHER WITH THE RIGHT TO ENTER UPON SAID EASEMENT AT ALL TIMES FOR THE PURPOSES STATED. PHASE II: EASEMENT PROVISIONS/NOTES: THE EASEMENTS DEPICTED ON THE MAP SHEETS OF THIS FINAL PLAT ARE FOR THE LIMITED PURPOSES LISTED BELOW AND ARE HEREBY GRANTED AND CONVEYED FOLLOWING THE RECORDING OF THIS FINAL PLAT AS SPECIFIED ACCORDING TO THE RESERVATIONS LISTED BELOW: THE CITY OF RENTON SHALL HAVE THE RIGHT TO ENTER THE PRIVATE DRAINAGE EASEMENTS SHOWN HEREON TO REPAIR ANY DEFICIENCIES OF THE DRAINAGE FACILITY IN THE EVENT THE OWNER(S) IS/ARE NEGLIGENT IN THE MAINTENANCE OF THE DRAINAGE FACILITIES. THESE REPAIRS SHALL BE AT THE OWNER'S COST. 1. AN EASEMENT IS HEREBY GRANTED AND CONVEYED TO THE CITY OF RENTON, KING COUNTY WATER DISTRICT #90, PUGET SOUND ENERGY, QWEST, COMCAST, THE OWNERS OF ALL LOTS WITHIN THIS PLAT AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, UNDER, OVER AND UPON THOSE EASEMENTS DESIGNATED AS "UTILITY EASEMENT", THE EXTERIOR 10 FEET PARALLEL WITH AND ADJOINING THE STREET FRONTAGE OF ALL LOTS AND TRACTS IN WHICH TO INSTALL, LAY CONSTRUCT, RENEW, OPERATE AND MAINTAIN UNDERGROUND CONDUITS, CABLE, PIPELINE, WIRES, AND SIDEWALKS WITH THE NECESSARY FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVICE TO THIS SUBDIVISION AND OTHER PROPERTY WITH ELECTRIC, TELEPHONE, GAS, CABLE T.V. SERVICE, SEWER, WATER AND PUBLIC AND PRIVATE DRAINAGE TOGETHER WITH THE RIGHT TO ENTER UPON THE EASEMENTS AT ALL TIMES FOR THE PURPOSES STATED. NO LINES OR WIRES FOR THE TRANSMISSION OF ELECTRIC CURRENT, OR FOR TELEPHONE USE, CABLE TELEVISION, FIRE OR POLICE SIGNAL FOR OTHER PURPOSES, SHALL BE PLACED UPON ANY LOT UNLESS THE SAME SHALL BE UNDERGROUND OR IN CONDUIT ATTACHED TO A BUILDING. 2. THE 10 FOOT WIDE PRIVATE DRAINAGE EASEMENT WITHIN LOTS 44-49 IS FOR THE BENEFIT OF LOTS 43-48; THE OWNERS OF LOTS 43-49 SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THAT PORTION OF THE DRAINAGE FACILITIES THEY HAVE THE BENEFIT OF USE,AND SHALL EQUALLY SHARE IN THE MAINTENANCE OF THAT PORTION OF THE DRAINAGE FACILITIES USED IN COMMON. 3. THE 10 FOOT WIDE PRIVATE DRAINAGE EASEMENT WITHIN LOT 51 AND TRACT IIS FOR THE BENEFIT OF LOT 50; THE OWNERS OF LOTS 50 AND 51 SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THAT PORTION OF THE DRAINAGE FACILITIES THEY HAVE THE BENEFIT OF USE, AND SHALL EQUALLY SHARE IN THE MAINTENANCE OF THAT PORTION OF THE DRAINAGE FACILITIES USED IN COMMON. 4. THE 10 FOOT WIDE PRIVATE DRAINAGE EASEMENT WITHIN LOT 56 AND TRACT H IS FOR THE BENEFIT OF LOTS 56 AND 57; THE OWNERS OF LOTS 56 AND 57 SHALL BE RESPONSIBLE FOR THE AMENDED AND SUPPLEMENTAL DECLARATION CLAREMONT AT RENTON EXHIBIT D 1 f MAINTENANCE OF THAT PORTION OF THE DRAINAGE FACILITIES THEY HAVE THE BENEFIT OF USE, AND SHALL EQUALLY SHARE IN THE MAINTENANCE OF THAT PORTION OF THE DRAINAGE FACILITIES USED IN COMMON. 5. THE 10 FOOT WIDE PRIVATE DRAINAGE EASEMENT WITHIN LOTS 76-78 IS FOR THE BENEFIT OF LOTS 12-15 PHASE I AND LOTS 76 AND 77 PHASE II;THE OWNERS OF LOTS 12-15 PHASE I AND 76-78 PHASE II SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THAT PORTION OF THE DRAINAGE FACILITIES THEY HAVE THE BENEFIT OF USE, AND SHALL EQUALLY SHARE IN THE MAINTENANCE OF THAT PORTION OF THE DRAINAGE FACILITIES USED IN COMMON. 6. THE 10 FOOT WIDE PRIVATE DRAINAGE EASEMENT WITHIN LOTS 88-91 IS FOR THE BENEFIT OF LOT 21 PHASE I AND LOTS 88-90 PHASE II; THE OWNERS OF LOT 21 PHASE I AND LOTS 88-91 PHASE II SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THAT PORTION OF THE DRAINAGE FACILITIES THEY HAVE THE BENEFIT OF USE, AND SHALL EQUALLY SHARE IN THE MAINTENANCE OF THAT PORTION OF THE DRAINAGE FACILITIES USED IN COMMON. 7. THE 15 FOOT WIDE PRIVATE DRAINAGE EASEMENT WITHIN LOTS 68-73 IS FOR THE BENEFIT OF LOTS 69-74; THE OWNERS OF LOTS 68-74 SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THAT PORTION OF THE DRAINAGE FACILITIES THEY HAVE THE BENEFIT OF USE,AND SHALL EQUALLY SHARE IN THE MAINTENANCE OF THAT PORTION OF THE DRAINAGE FACILITIES USED IN COMMON. 8. THE 10 FOOT WIDE PRIVATE DRAINAGE EASEMENT ON THE SOUTH 10' OF LOT 68 IS FOR THE BENEFIT OF LOT 21 PHASE 1, LOTS 88-91 AND LOTS 69-74 PHASE II;THE OWNERS OF LOT 21 PHASE I, LOTS 88- 94 AND LOTS 68-74 PHASE II SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THAT PORTION OF THE DRAINAGE FACILITIES THEY HAVE THE BENEFIT OF USE, AND SHALL EQUALLY SHARE IN THE MAINTENANCE OF THAT PORTION OF THE DRAINAGE FACILITIES USED IN COMMON. 9. THE EASEMENTS SHOWN OVER LOTS 39-43 AS DEPICTED HEREON, ARE FOR THE BENEFIT OF THE CLAREMONT AT RENTON HOMEOWNERS ASSOCIATION FOR THE PURPOSES OF PLANTING, MAINTAINING, AND REPLACING STREET TREES, ASSOCIATED LANDSCAPING AND IRRIGATION. THE CLAREMONT AT RENTON HOMEOWNERS ASSOCIATION SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE OWNERS OF LOTS 39-43 FROM ANY AND ALL LIABILITY, LOSS, DAMAGES, CLAIMS, DEMANDS, SUITS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS FEES AND COSTS,ARISING OUT OF THE EXERCISE OF THE EASEMENT, PROVIDED THAT TO THE EXTENT SUCH LIABILITY, LOSS, DAMAGES, CLAIMS, DEMANDS, SUITS OR EXPENSES ARE CAUSED BY OR RESULTING FROM THE CONCURRENT NEGLIGENCE OF THE CLAREMONT AT RENTON HOMEOWNERS ASSOCIATION AND ANY OWNERS OF LOTS 39-43 THE CLAREMONT AT RENTON HOMEOWNERS ASSOCIATION'S OBLIGATIONS HEREUNDER SHALL APPLY ONLY TO THE EXTENT OF THE WRONGFUL ACTS OR OMISSIONS OF THE CLAREMONT AT RENTON HOMEOWNERS ASSOCIATION.THE CLAREMONT AT RENTON HOMEOWNERS ASSOCIATION SHALL HAVE NO OBLIGATION TO DEFEND, INDEMNIFY AND HOLD HARMLESS ANY OWNER OF LOTS 39-43 IF ANY SUCH LIABILITY, LOSS, DAMAGES, CLAIMS, DEMANDS, SUITS OR EXPENSES ARE CAUSED BY OR RESULTING FROM SUCH OWNER'S SOLE NEGLIGENCE. AMENDED AND SUPPLEMENTAL DECLARATION CLAREMONT AT RENTON EXHIBIT D