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HomeMy WebLinkAboutRC 20140304000106 1 Return Address: City Clerk's Office III 111 I II 101 II II 11 111 I 1111 11 City of Renton 1055 South Way#728 Renton,WA 98057 20140304000106 CITY OF RENTON AMND—RER 77.00 PAGE-001 OF 006 03/04/2014 10:06 KING COUNTY, UA Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04) Document Title(s)(or transactions contained therein): (all areas applicable to your document must be filled in) 1. First Amendment to Declaration of Covenants,Conditions&Restrictions Reference Number(s) of Documents assigned or released: 20131016002040 20/'/0364 ?00002— Additional ovoo2Additional reference#'s on page_1 of document Grantor(s) (Last name,first name,initials) 1.ACH Homes,LLC,a Washington limited liability company 2. Additional names on page of document. Grantee(s) (Last name first,then first name and initials) 1. SADDLE 6Ro0K HOME Ouvms Asigetsl *eiI Additional names on page of document. Legal description(abbreviated: i.e.lot,block,plat or section,township,range) A portion of the Southwest Quarter of the Northeast Quarter, Section 14,Township 23 North,Range 5 East,W.M.,City of Renton,King County,Washington Additional legal is on page 5 of document. Assessor's Property Tax Parcel/Account Number ❑Assessor Tax#not yet 3664500250 The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. Signature of Requesting Party • After Recording Return to: City Clerk's Office City of Renton 1055 South Grady Way#728 Renton, WA 98057 FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS OF SADDLEBROOK HOMEOWNERS ASSOCIATION This FIRST AMENDMENT to the Declaration of Covenants, Conditions, and Restrictions of Saddlebrook Homeowners Association ("First Amendment") is made this 22nd day of November, 2013, by ACH Homes, LLC, a Washington limited liability company, ("Declarant"). RECITALS WHEREAS, the Declarant filed a Declaration of Covenants, Conditions & Restrictions of SADDLEBROOK HOMEOWNERS ASSOCIATION ("Declaration"), on October 16, 2013, under King County Recording Number 20131016002040; WHEREAS, Article XIII, Section 2 of the Declaration states until conveyance of the first Lot to a person other than a builder, Declarant may unilaterally amend the Declaration for any purpose; WHEREAS,the Declarant has not conveyed any Lots to any person; WHEREAS, Article XIII, Section 8 of the Declaration states the Declarant reserves the right to add other parcels to the Property; WHEREAS,Declarant desires to add a parcel to the Property; NOW THEREFORE, Declarant hereby amends the Declaration as provided in this First Amendment as follows: 1. Addition of Property. Declarant hereby adds property to the Property, as authorized by the Declaration. The added property is legally described in Exhibit "A" and shall hereinafter be referred to as "Saddlebrook Division II". The definition of "Property" contained in Article 1, Section 3 of the Declaration is hereby amended to include Saddlebrook Division II. • 2. Plat. The definition of"Plat" set forth in Article 1, Section 10 of the Declaration is hereby amended to add Saddlebrook Division II Short Plat, as recorded on , 2013 in the records of King County, State of Washington, under Recording No. x.014O304.960o02. 3. Common Maintenance Areas. Article IV, Section 2 of the Declaration is hereby amended to add the following from Saddlebrook Division II as areas to be maintained by the Association: the private access facilities within Tract A, Tract B, landscaping and irrigation along 156t Avenue SE; street trees in the public right-of-way; landscaping in the ten(10)foot landscape easement on Lot 1; and the mailbox stand. 4. Tract A is a private Access and Utility Tract and is conveyed to the Saddlebrook Homeowners Association. The Saddlebrook Homeowners Association is responsible for the maintenance of the private access facilities within the Tract. As easement over the Tract is reserved for the Owners of Lots 1„2 and 3 for access and private utility facilities, including but not limited to, sanitary sewer, water, gas, power and storm drainage. The Owners of said Lots 1, 2, and 3 shall be responsible for the maintenance of their respective private utility facilities and shall share equally in the maintenance responsibilities of the private utility facilities used in common within said easement. Parking on the paving in the access easement is prohibited, unless pavement width is greater than 20 feet. 5. Tract B is a private Tree Retention Tract and is conveyed to the Saddlebrook Homeowners Association. The Saddlebrook Homeowners Association is responsible for the maintenance of said Tract. 6. The home constructed on Lot 1 shall front 156th Avenue SE. 7. All building downspouts, footing drains, and drains from all impervious surfaces such as patios and driveways shall be connected to the permanent storm drain outlet as shown on the approved construction drawings No. R-3690 on file with the City of Renton. This plan shall be submitted with the application of any building permit. All connections of the drains must be constructed and•approved prior to the final building inspection approval. For those Lots that are designated for individual Lot dispersion systems, the systems shall be constructed at the time of the building permit and shall comply with plans on file. 8. Single family residences and other improvements constructed on the Lots created by this subdivision must implement the flow control Best Management Practices stipulated in the approved drainage study and plans No. R-3690 on file with the City of Renton and as listed in the table shown on the Plat as well as any Declaration of Covenants and grants of easement recorded on the Plat. Compliance with this stipulation must be addressed in the "Single Family Residential Building Permit Drainage Review"when any application is made for a building permit for the Lot. 9. The ten (10) foot landscape easement on Lot 1 is granted and conveyed to the Saddlebrook Homeowners Association for landscaping. The Homeowners Association is responsible for the maintenance of the landscaping within said easement. 10. Private Easement Provisions. The owners of the land hereby subdivided grant and convey to the Owner(s) of the benefited Lots or any other private entity as stated in the Easement Notes on the Plat, and their successors and assigns, a perpetual easement for the stated utilities. These easements and conditions shall be a covenant running with the • land and shall be binding on the successors, heirs and assigns of the Owner(s)( )of the land burdened. The Owner(s) of the Lots benefited, and their successors ccessors and assigns, shall have the right without prior institution of any suit or proceedings of law, at such times as may be necessary, to enter upon said easement for the purpose of constructing, maintaining, repairing, altering, or reconstructing said utility or making any connections thereto without incurring any legal obligation or liability therefore; provided that such shall be accomplished in a manner that if existing private improvements are disturbed or destroyed they will be repaired or replaced to a condition similar as they were immediately before the property was entered upon by the one benefited. The Owner(s)of the burdened Lot shall retain the right to use the surface of said easement if such use does not interfere with the installation or use of said utilities. However, the Owner(s) of the burdened Lot shall not erect or maintain any buildings or structures within the easement. Also, the Owner(s) of the burdened Lot shall not plant trees, shrubs or vegetation having deep root patterns which may cause damage to or interfere with said utilities and/or uses facilities. Also, the Owner(s) of the burdened Lot shall not develop or beautify the easement areas in such a way as to cause excessive cost to the Owner(s) of the Lot benefited pursuant to its restoration duties herein. 11. The private storm drainage easement on Lot 1 is for the benefit of Lots 2 and 3 for private storm drainage facilities. The Owners of Lots 1, 2, and 3 are responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement. 12. The 14 foot private storm drainage easement on Lot 2 is for the benefit of Lot 3 for private storm drainage facilities. The Owners of Lots 2 and 3 are responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement. 13. The City of Renton shall have the right to enter the private drainage easements shown on the Plat to repair any deficiencies of the drainage facilities in the event the Owners are negligent in the maintenance of the drainage facilities. These repairs shall be at the Owners cost. 14. Roof Surface Drainage Restriction. The stormwater runoff from a minimum of 1,400 square feet of roof surface area for each Lot shall be captured and discharged through the roof drain system via splash blocks. 15. Declaration of Impervious Area Restriction Covenant. The Lots in the Saddlebrook Division II Short Plat contain a stormwater management flow control BMP (Best Management Practice) known as "Restricted Footprint". The practice of restricting the amount of impervious surface that may be added to a property so as to minimize the stormwater runoff impacts caused by impervious surface and accommodate flow control Best Management Practices requirements. The total impervious surface allowed for each Lot may not exceed the area shown in the table on the Plat without written approval either from the City of Renton or through a future development permit from the City of Renton. • Except as expressly amended herein, all of the terms and conditions of the Declaration shall continue in full force and effect and are hereby ratified by Declarant. IN WITNESS WHEREOF,the undersigned has affixed its signature. DECLARANT ACH HOMES,LLC By Joel Mezistrano,Manager STATE OF WASHINGTON } }ss. COUNTY OF KING } On this -62 day of Ah'if3 -! , 2013, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared •roFt /1-e�z.;S�Jlo , Manager of ACH HOMES, LLC, the limited liability company that executed the within and foregoing document, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument on behalf of said limited liability company. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed he day and year first above written. Ce t4A efo NOTARY PUBLIC in and for the State of Washington, re& VL ng at /�FOrrto/j . .\\Auh 4 t.Z.b 4 .� ►f (Print Name) Frp /- �/ My Commission Expires: (o • l 7- / 1( S Q'r.1r t tk u 5 �` i Auer • !6.11, "- ��4gt‘w.sAtee" S `/t++}i O� NO 4% • EXHIBIT"A" LEGAL DESCRIPTION OF ADDED PARCEL The South 130 feet of Lot 5 in Block 2 of Janett's Renton Boulevard Tracts,according to the Plat recorded in Volume of Plats at Page(s)60, in King County,Washington; Except the East 290 feet thereof.