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Home My WebLink AboutRC 20070731002641 RETURN ADDRESS: City Clerk's Office City of Renton 1055 South Grady Way Renton, Washington 98055 20070731002641 FIRST AMERICAN AMND 44.00 PAGE001 OF 005 07/31/2007 16:07 KING COUNTY, WA DOCUMENT TITLE First Amendment to Declaration of Protective Covenants for the Plat of Wedgewood Lane REFERENCE NO. OF DOCUMENTS ASSIGNED/ 20070504000274 RELEASED GRANTOR Wedgewood at Renton, Inc.; KBS Development Corporation GRANTEE City of Renton The Public LEGAL DESCRIPTION Portions of NE '/a of SW 1/ of NE IA and SE 1/ of NW I/ of NE '4, Sec. 10, TWP. 23 N., RGE 5E, W.M., Renton, King County, Washington. ASSESSOR'S PARCEL NO. 1023059092; 1023059051 FIRST AMERICAN FIRST AMENDMENT TO DECLARATION OF PROTECTIVE COVENANTS 47-11 FOR THE PLAT OF WEDGEWOOD LANE (A.K.A. VERCELLO) Wedgewood at Renton, Inc. and KBS Development Corporation (collectively, "Developer" herein) hereby amend the Declaration of Protective Covenants for the Plat of Wedgewood Lane, recorded under King County Recording No. 20070504000274 (the "Declaration"). WHEREAS, for marketing purposes Developer is using the name "VerCello" for all Divisions of the Plat of Wedgewood Lane; WHEREAS, the Declaration was recorded before the plat map of Wedgewood Lane Divisions 1, 2 and 3 (A.K.A. VerCello) was recorded. Among other things, Developer intends with this _, Amendment to provide a reference to the recorded plat map of Wedgewood Lane Divisions 1, 2 and 3 • (A.K.A. VerCello); WHEREAS, the Development Period has not terminated; Page 1 of 5 W:\WPDOCS\90313\002\)IR2956.DOC First Amendment to Declaration of Protective 7/27/2007 Covenants for the Plat of Wedgewood Lane • NOW, THEREFORE, Developer, acting pursuant to Section 16.1 of the Declaration, hereby amends the Declaration as follows: 1. Section 1.10 of the Declaration is hereby deleted in its entirety and a new Section 1.10 is hereby substituted in its place, as follows: 1.10 Map The term "Map" shall mean the official plat map for Divisions 1, 2 and 3 recorded with the King County Recorder under Recording No. 20070530001097 and the official plat map for Divisions 4 and 5 recorded with the King County Recorder under Recording No. 20070504000273, and any subsequent Maps of divisions of Wedgewood Lane (A.K.A. VerCello) which are recorded. Together, the two (2) initial Maps contain Divisions 1, 2, 3, 4 and 5, and are referred to in this Declaration as the "Map." 2. Section 1.9 of the Declaration is hereby deleted in its entirety and a new Section 1.9 is hereby substituted in its place, as follows: 1.9 Lot Owner The term "Lot Owner" shall mean and refer to the record owner, whether one or more persons or entities, of any Lot, including any persons or entities purchasing a Lot pursuant to the terms of a recorded real estate contract, but excluding those persons or entities having an interest in any Lot merely as security for the performance of an obligation. The Developer and any Participating Builder shall be deemed to be the Lot Owner until the sale of the Lot to a residential owner. 3. Section 8.1 of the Declaration is hereby deleted in its entirety and a new Section 8.1 is hereby substituted in its place, as follows: 8.1 Creation of Lien and Personal Obligation of Assessment By acceptance of a deed or other instrument of conveyance, whether or not it shall be so expressed in any such deed or other instrument, each Lot Owner is deemed to covenant and agree to pay to the Association all common expenses assessed against said Owner's Lot by the Association. Common expenses include, but are not limited to: (a) annual assessments or charges and (b) special assessments. Said annual and special assessments, together with interest thereon and costs of collection thereof(including reasonable attorneys' fees whether or not suit is commenced), shall be a charge on the Lot and shall be a continuing lien upon the Lot against which each such assessment is Page 2 of 5 W:\WPDOCS\90313\002\JIR2956.DOC First Amendment to Declaration of Protective 7/27/2007 Covenants for the Plat of Wedgewood Lane made. Each such assessment, together with such interest and costs of collection, shall also be the personal obligation of the Lot Owner owning the Lot when the assessment is due. The personal obligation for delinquent assessments shall not pass to the Lot Owner's successors in title unless the lien for such delinquent assessment has been properly recorded prior to transfer of title or unless expressly assumed by the transferee. Provided, however, that in the case of a sale of any Lot which is charged with the payment of an assessment or assessments payable in installments, the person or entity who is the owner immediately prior to the date of any such sale, shall be personally liable only for the amount of the installment due prior to said sale. The new owner shall be personally liable for installments which become due on or after said sale. 4. Section 8.3 of the Declaration is hereby deleted in its entirety and a new Section 8.3 is hereby substituted in its place, as follows: 8.3 Intentionally Omitted 5. Section 8.4 of the Declaration is hereby deleted in its entirety and a new Section 8.4 is hereby substituted in its place, as follows: 8.4 Annual Assessments Each year the Board shall assess each Lot Owner for an annual assessment in an amount which, in the aggregate, is sufficient to meet the obligations of the Association. Commencing on January 1 following termination of the Development Period and continuing each year thereafter, the annual assessments shall not be increased by more than twenty-five (25%) without the approval of seventy percent(70%) of the members voting at a meeting duly called for such purposes. 6. Unless otherwise stated herein, all capitalized terms used in this First Amendment shall have the meanings set forth in the Declaration. [This Section Intentionally Left Blank] Page 3 of 5 W:\WPDOCS\90313\002\JIR2956.DOC First Amendment to Declaration of Protective 7/27/200Covenants for the Plat of Wedgewood Lane • 7. Except for the matters stated in this First Amendment, all of the provisions contained in the Declaration remain in full force and effect. This Amendment shall be effective upon recording. Dated this 29 day of NV—GfLY , 2007. DEVELOPER: WEDGEWOOD AT RENTON, INC. KBS DEVELOPMENT CORPORATION By ice' / /- 4dr, BY: Its: rJ°t air f- It . /T CITY Page4of5 W:\WPDOCS\90313\002\JIR2956.DOC First Amendment to Declaration of Protective 7/27/2007 Covenants for the Plat of Wedgewood Lane STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) 014 THIS IS TO CERTIFY that on this i'll day of�u'-f , 2007, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, came ,e/a RP A• < personally known or having presented satisfactory evidence to be the atS/peiJ7— of Wedgewood at Renton, Inc., 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/she is authorized to execute the said instrument. WITNESS MY HAND and official seal the day (It' . , ce' ifi t.te first above written. ``�.► ►►i/iiiiii I' y gi.4.7 ' �`airlik%4"0. '�,. ''int N. -: 1' �•' ;; f .'- 2 Q I. Notary Pu`► is and f the 0 t State of Washington, -siding at N cu �-: ,s EX/PI- cA)4 7 7I 7 9• thio' O ,04.1" $� Expiration Date: /1-v.,—/d •••• OF ice'5%%%‘ 1 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) 34 THIS IS TO CERTIFY that on this,Z7 day ofcuLY , 2007, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, came SOL/A) . 7-fY14 personally known or having presented satisfactory evidence to be the ilaQ /Q 7" 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/she is authorized to execute the said instrument. WITNESS MY HAND and official seal the 2.y and y;.r in this c-rtifi,ate fi t above written. .��Q\G....». �/9 �i `.1-e: t/`� � ;;� - `4A.'� e. . LA0 0� otary Public in11.7 for the I. .':'� State of Washington, residing at ii r.A rusup 6Expiration Date: if-O/-ltd ,0,, OFWAs % Page 5 of 5 W:\WPDOCS\90313\002\JIR2956.DOC First Amendment to Declaration of Protective 7/27/2007 Covenants for the Plat of Wedgewood Lane