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HomeMy WebLinkAboutRC 20070523002279 After recording return to: City Clerk's Office City of Renton 1055 South Grady Way 111 11 11 11 111 111 11 111 11 111 11 Renton, Washington 98055 20070523002279 CITY OF RENTON COV 37.00 PAGE001 OF 003 05/23/2007 15:48 KING COUNTY, WA DOCUMENT TITLE Third Amendment to Declaration of Protective Covenants for the Plat of Stone Ridge(A.K.A. Windstone) REFERENCE NO.OF DOCUMENTS ASSIGNED/ 20051020000338,20051207002324, ZJ 07 O 52-3 6 d/fid a RELEASED GRANTOR KBS Development Corporation GRANTEE City of Renton The Public LEGAL DESCRIPTION Lot B,City of Renton LLA No.LUA-04-136-LLA,Recording No. 20060119900011, in King County, Washington ASSESSOR'S PARCEL NO. 032305-9046;032305-9034;032305-9033;032305-9042 THIRD AMENDMENT TO THE DECLARATION OF PROTECTIVE COVENANTS FOR THE PLAT OF STONE RIDGE (A.K.A. WINDSTONE) Windstone Div. III 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, and the Second Amendment to the Declaration of Protective Covenants for the Plat of Stone Ridge (A.K.A. Windstone), recorded under King County Recording No. 2007OS 2.3oo(&1 (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: Page 1 of 3 �,LSO_00 G5 W:\WPDOCS\24025\007\JIR3344.DOC Second Amendment to Declaration of 02/27/07 Plat of Stone Ridge(A.K.A Windstone) I • • 1. The Plat of Windstone Div. III,recorded with the King County Recorder under Recording No. AD07O5 39ooCO 2 ("Div. III") is hereby subjected to the Declaration. The land within Div. III is shown on the Map for Div. III and is legally described as follows: Lot B, City of Renton Lot Line Adjustment LUA-04-136-LLA, recorded under Recording No. 20060119900011, 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 the easements and appurtenances (if any) located within Div. III as shown on the Windstone Div. III Plat Map and intended for common use and enjoyment. The City of Renton shall have access to the easement areas as necessary to inspect or maintain the drainage facilities and appurtenances thereon. 3. As set forth on the Map for Div. III,private easements for access and utilities are granted to Lots 5 and 6 of Div. III and Lot 35 of the Plat of Stoneridge(A.K.A. Windstone),King County Recording No. 20051020000337 ("Div. I"). 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 3, 5 and 6 of Div. III and Lot 35 of Div. I. The Owners of Lots 5 and 6 of Div. III and Lot 35 of Div. I shall share equally in all costs to maintain the easement and appurtenances within the easement area located on Lots 3, 5 and 6 of Div. III. The Owners of Lots 5 and 6 of Div. III and Lot 35 of Div. I shall hold the Owner of Lot 3 of Div. III 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 Owners of Lots 5 and 6 of Div. III and Lot 35 of Div. I, except for claims, losses, damages and causes of action arising from the negligence or intentional misconduct of the Owner of Lot 3 of Div. III. Lots 5 and 6 of Div. III and Lot 35 of Div. I are the Benefited Property and Lots 3, 5 and 6 of Div. III are the Burdened Property for the easement set forth in this Section 3. 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 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. III 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 Third Amendment shall have the meanings set forth in the Declaration. 6. Except for the matters stated in this Third Amendment, all of the provisions contained in the Declaration remain in full force and effect. This Amendment shall be effective upon recording. [Signature page follows.] Page 2 of 3 W:\WPDOCS\24025\007UIR3344.DOC Second Amendment to Declaration of 02/27/07 Plat of Stone Ridge(A.K.A Windstone) • • Dated this a da"day'of Ai ,200 / . DEVELOPER: KBS DEVELOPMENT CORPORATION ,P4 By: — r Olin Taylor,Pr- cr STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) THIS IS TO CERTIFY that on this a day of M P kC. , 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 MY HAND and official seal the day and year in this certificate first above written. \\\‘\"\ "I111 Print Name: C(4,17 cr�,S;At- Cfi S,�/// Notary Public in and for the G,S V I `y �o�4.141/ State of WRIiirlgton, residing at seea41.1 O % Expiration Date: ff-30-O`j //'/ d�' a'' 0Q 30;., , ''an8:...'%� 9TFpF WP'. Page 3 of 3 W:\WPDOCS\24025\007\JIR3344.DOC Second Amendment to Declaration of 02/27/07 Plat of Stone Ridge(A.K.A Windstone)