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Home My WebLink AboutRC 20030313002714 Return Address: 20030313002714: City Clerk's Office CITY 001ROFT007ACOV 25.00 City of Renton KING3COUNTY15WA7 1055 S. Grady Way Renton,Washington 98055 Please print or type information Document Title(s) (or transactions contained therein):(all areas applicable to your document must be filled in) 1. FIFTH AMENDMENT TO THE DECLARATION OF PROTECTIVE COVENANTS,CONDITIONS, EASEMENTS&RESTRICTIONS OF LIBERTY RIDGE-ADJACENT REAL PROPERTY Reference Number(s) of Related Documents: AFN 20000202001302,20010907001816, 20020503002690,20020531003234 and 20030205001941 Additional reference#'s on page of document Grantor(s) (Last name, first name, initials) 1.The Quadrant Corporation,a Washington corporation 2.The Liberty Ridge Homeowners Association,a Washington non-profit corporation Additional names on page of document. Grantee(s) (Last name first,then first name and initials) 1.The Quadrant Corporation,a Washington corporation Additional names on page of document. Legal description (abbreviated: i.e. lot,block,plat or section, township,range) Lots 232 through 309 and Tracts B, AA and BB of the plat of Liberty Ridge Phase 5, as per plat recorded in Volume243 of Plats,Pages os throughr ,Records of King County,Washington Additional legals are on pages 2,3 and 4 of document. Assessor's Property Tax Parcel/Account Number 0 Assessor Tax#not yet assigned 162305-9061 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. FIFTH AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF LIBERTY RIDGE - 1 C,\CP\2009\055\CC&Rs\Liberty Ridge Fifth Amendment to Declaration.Fl.doc - 4 • FIFTH AMENDMENT TO THE DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS,EASEMENTS &RESTRICTIONS OF LIBERTY RIDGE- ADJACENT REAL PROPERTY The Quadrant Corporation, a Washington corporation, ("Quadrant") is the owner in fee simple of the following real property(hereinafter referred-to as"Lots 232 through 309"): Lots 232 through 309 of the plat of Liberty Ridge Phase 5, as per plat recorded in Volume s/s of Plats, Pages ers through ,y , Records of King County, Washington. Liberty Ridge Homeowners Association, a Washington non-profit corporation (the "Association") is the owner in fee simple of the following real property(hereinafter referred- to as"Tracts B, AA and BB"): Tracts B,AA and BB of the plat of Liberty Ridge Phase 5, as per plat recorded in Volume ,7✓,3 of Plats, Pages o s through /y , Records of King County, Washington (Lots 232 through 309 and Tracts B, AA and BB are collectively referred-to herein as "Adjacent Real Property 5".) La Pianta LLC, a Washington limited liability company, successor by merger to La Pianta Limited Partnership, a Washington limited partnership, and Gary Merlino Construction Co., Inc., a Washington corporation, (hereinafter referred to as the "Original Declarants") were the original"Declarants"of the Declaration of Protective Covenants, Conditions,Easements and Restrictions of Liberty Ridge (formerly known as La Colina) recorded at King County Recorder's No. 20000202001302 (hereinafter referred-to as the "Declaration") and were at that time the owners in fee simple of the following real property(the "Real Property" as defined in the Declaration): Lots 1 through 138 and Tracts A through P of La Colina, as per plat recorded in Volume 193 of Plats, Pages 17 through 29, Records of King County, Washington, subject to easements, covenants, conditions, and restrictions of record. Situate in the City of Renton, County of King, State of Washington. Subsequent to the recordation of the Declaration, that certain First Amendment to the Declaration was recorded at King County Recording No. 20010907001816 (the "First Amendment"). The First Amendment dealt with the following-described real property (herein referred to as"Adjacent Real Property 1"),which was adjacent to the Real Property: Lots 1 through 120 and Tracts A, C, D, G, 0, Q, R, S, T, U and V of the plat FIFTH AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF LIBERTY RIDGE - 2 Cs\CF\2009\055\CC&Rs\Liberty Ridge Fifth Amendment to Declaration.Fl.doc L of Liberty Ridge Phase 1, as per plat recorded in Volume 201 of Plats, Pages 87 through 95, Records of King County, Washington, subject to easements, covenants, conditions, and restrictions of record. Situate in the City of Renton, County of King, State of Washington. In the First Amendment, the Original Declarants joined with Quadrant in subjecting Adjacent Real Property 1 "to the terms of the Declaration as permitted by Article Two, [Section One of the Declaration,] making [Adjacent Real Property 1] and the Real Property . . . subject to the terms of the Declaration, and granting to the Owners of Lots located on[Adjacent Real Property 1] all the rights and benefits to which Members of the Association are entitled." Also in the First Amendment, the Original Declarants "assigned to The Quadrant Corporation all rights they [held] as Declarants pursuant to Article Two of the Declaration to subject additional real property to the Declaration and to grant to the Owners of Lots located on such property all the rights and benefits to which Members of the Association are entitled." Subsequent to the recordation of the First Amendment, that certain Second Amendment to the Declaration was recorded at King County Recording No. 20020503002690 (the"Second Amendment"). The Second Amendment dealt with the following-described real property (herein referred to as "Adjacent Real Property 2"), which was adjacent to Adjacent Real Property 1: Lots 161 through 198 and Tract W of the plat of Liberty Ridge Phase 3, as per plat recorded in Volume 206 of Plats, Pages 37 through 46, Records of King County, Washington, subject to easements, covenants, conditions, and restrictions of record. Situate in the City of Renton, County of King, State of Washington. In the Second Amendment, Quadrant, as the then-current Declarant, "(a) subject[ed] Adjacent Real Property 2 to the terms of the Declaration as permitted by Article Two, [Section One of the Declaration,] making Adjacent Real Property 2 along with Adjacent Real Property 1 and the Real Property. . . subject to the terms of the Declaration,and(b)grant[ed] to the Owners of Lots located on Adjacent Real Property 2 all of the rights and benefits to which Members of the Association are entitled[.]" Subsequent to the recordation of the Second Amendment,that certain Third Amendment to the Declaration was recorded at King County Recording No. 20020531003234 (the "Third Amendment"). The Third Amendment dealt with the following-described real property(herein referred to as"Adjacent Real Property 3"),which was adjacent to Adjacent Real Property 1: Lots 121 through 160 and Tracts E and F of the plat of Liberty Ridge Phase 2, as per plat recorded in Volume 207 of Plats, Pages 024 through 030, Records of King County, Washington, subject to easements, covenants, conditions, and FIFTH AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF LIBERTY RIDGE - 3 C.\CF\2009\055\CC&Rs\Liberty Ridge Fifth Amendment to Declaration.Fl.doc restrictions of record. Situate in the City of Renton, County of King, State of Washington. In the Third Amendment, Quadrant, as the then-current Declarant, "(a) subject[ed] Adjacent Real Property 3 to the terms of the Declaration as permitted by Article Two, [Section One of the Declaration,] making Adjacent Real Property 3 along with Adjacent Real Property 1, Adjacent Real Property 2 and the Real Property . . . subject to the terms of the Declaration, and (b) grant[ed] to the Owners of Lots located on Adjacent Real Property 3 all of the rights and benefits to which Members of the Association are entitled[.]" Subsequent to the recordation of the Third Amendment, that certain Fourth Amendment to the Declaration was recorded at King County Recording No. 20030205001941 (the "Fourth Amendment"). The Fourth Amendment dealt with the following-described real property(herein referred to as "Adjacent Real Property 4"), which was adjacent to Adjacent Real Property 1 and Adjacent Real Property 2: Lots 199 through 231 and Tracts H,P and X of the plat of Liberty Ridge Phase 4, as per plat recorded in Volume 212 of Plats, Pages 14 through 22, Records of King County, Washington, subject to easements, covenants, conditions, and restrictions of record. Situate in the City of Renton, County of King, State of Washington. In the Fourth Amendment, Quadrant, as the then-current Declarant, "(a) subject[ed] Adjacent Real Property 4 to the terms of the Declaration as permitted by Article Two, [Section One of the Declaration,] making Adjacent Real Property 4 along with Adjacent Real Property 1, Adjacent Real Property 2, Adjacent Real Property 3 and the Real Property . . . subject to the terms of the Declaration, and (b) grant[ed] to the Owners of Lots located on Adjacent Real Property 4 all of the rights and benefits to which Members of the Association are entitled[.]" Adjacent Real Property 5 lies adjacent to and contiguous with both Adjacent Real Property 1 and Adjacent Real Property 3. Accordingly,Adjacent Real Property 5 qualifies under Article Two, Section One of the Declaration to be added to the definition of the "Properties" contained in the Declaration in Article One, definition number 20. The Quadrant Corporation, as the current Declarant,hereby(a) subjects Lots 232 through 309 to the terms of the Declaration as permitted by Article Two, Section One of the Declaration and (b) grants to the Owners of Lots 232 through 309 all of the rights and benefits to which Members of the Association are entitled. Further, the Declarant,joined by the Association, hereby subjects Tracts B, AA and BB to the terms of the Declaration as permitted by Article Two, Section One of the Declaration. (The Association further hereby joins in, ratifies and affirms The Quadrant Corporation's previous actions in subjecting to the terms of the Declaration, as permitted by Article Two, Section One of the Declaration, Tract W of the plat of Liberty Ridge Phase 3, Tracts E and F of the plat of Liberty Ridge Phase 2, and Tracts H, P and X of the plat of Liberty Ridge Phase 4.) FIFTH AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF LIBERTY RIDGE -4 CACP\2009\055\CC&Re\Liberty Ridge Fifth Amendment to Declaration.Fl.doc • • These actions by The Quadrant Corporation and the Association make Adjacent Real Property 5 along with Adjacent Real Property 1, Adjacent Real Property 2, Adjacent Real Property 3, Adjacent Real Property 4 and the Real Property (all of which are now collectively the "Properties")subject to the terms of the Declaration. The undersigned hereby covenant, agree and declare that all of Adjacent Real Property 5 and Housing Units constructed thereon are and will be held, sold and conveyed subject to the Declaration, which is made for the purpose of enhancing and protecting the value, desirability and attractiveness of the Properties for the benefit of the Properties and the owners thereof. The covenants, restrictions, reservations and conditions contained in the Declaration shall run with Adjacent Real Property 5 as easements and equitable servitudes, and shall be binding upon Adjacent Real Property 5 and each portion thereof and all persons owning, purchasing, leasing, subleasing or occupying any Lot on Adjacent Real Property 5, and upon their respective heirs, successors and assigns. The addition of Adjacent Real Property 5 as set forth above shall not terminate the right of The Quadrant Corporation, its successors or assigns, to subject additional real property to the terms of the Declaration in the future. The right to subject additional real property that is adjacent to or contiguous with the Properties (as they are now defined by this Fifth Amendment adding Adjacent Real Property 5 to the definition of the Properties contained in the Declaration) to the terms of the Declaration in the future is expressly preserved. The Lot Owners of the lots in Adjacent Real Property 5 (i.e.,Lots 232 through 309)shall hereby automatically become members of the Association, and shall be entitled to all of the rights and benefits, and subject to all of the obligations of the Members of the Association. All Common Areas in Adjacent Real Property 5, including without limitation all easements described on the face of the plat as the responsibility of the Liberty Ridge Homeowners Association to maintain, repair or reconstruct, shall likewise become property and responsibility of the Association, and shall be managed, administered, maintained and improved in the same manner as all Common Areas of the Association located on the Real Property, Adjacent Real Property 1, Adjacent Real Property 2, Adjacent Real Property 3 and Adjacent Real Property 4 and all Members shall be assessed for the costs of such Common Areas in Adjacent Real Property 5 in the same manner as all other Common Areas of the Real Property, Adjacent Real Property 1,Adjacent Real Property 2,Adjacent Real Property 3 and Adjacent Real Property 4. THE QUADRANT CORPORATION By: 01 ►", Peter M. Orser,Executive Vice President FIFTH AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF LIBERTY RIDGE - 5 C,\CF\2009\055\CC&Rs\Liberty Ridge Fifth Amendment to Declaration.Fl.doc • • LIBERTY RIDGE HOMEOWNERS ASSOCIATION, a Washington non-profit corporation By: Peter M. Orser,President STATE OF WASHINGTON) )ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Peter M. Orser is the person who appeared before me, and said person acknowledged that he was authorized to execute the instrument and acknowledged it as an Executive Vice President of The Quadrant Corporation to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED: February a 1,2003 --\pE C. A- %1` .�c O `Ss�oiv F+ p � l�(,�{ �� F'� �� (Printed Name) c 0,OTAR ' 9: Notary Public— PUBLIC ; Residing at B t3 k + s'. My Appointment Expires: 5f- —c�5� . + >' ' 8• 11-0' 11 c.OF pst*-C� FIFTH AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF LIBERTY RIDGE - 6 CACF\2009\055\CC&Ra\Liberty Ridge Fifth Amendment to Declaration.Fl.doc • STATE OF WASHINGTON) )ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Peter M. Orser is the person who appeared before me, and said person acknowledged that he was authorized to execute the instrument and acknowledged it as the president of the LIBERTY RIDGE HOMEOWNERS ASSOCIATION, a Washington non-profit corporation, to be the free and voluntary act of such non-profit corporation for the uses and purposes mentioned in this instrument. DATED: February 2?,2003 �0�•��S QN +•o 0 Oi o - d U co CTgRy rn• : �/ : ; ' PUBLIC i G � � ( • /-7----,1_0v2_,.) (Printed Name) S8 11-off ., Notary Public— I11i .. .....;z0. Residing at . • • �,4. . , ‘‘ N� My Appointment Expires: — ( —0 FIFTH AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF LIBERTY RIDGE - 7 Ce\CF\2009\055\CC&Rs\Liberty Ridge Fifth Amendment to Declaration.Fl.doc L__._ __.