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Home My WebLink About2002 - Second Amendment to Declaration of Protective Covenants, Restrictions, Easements and Reservations for Fosterview Estates - Dujardin Development Company - 2002031400196420020314001964 DOCUMENT TITLE(S) (or transactions contained therein) SECOND AMENDMENT TO DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS, EASEMENTS AND RESERVATIONS FOR FOSTERVIEW ESTATES REFERENCE NUMBERS) OF DOCUMENTS ASSIGNED OR RELEASED: N/A 6 • Additional reference #s on page of documents) GRANTOR(S) (Last name first, then first name and initials) DUJARDIN DEVELOPMENT COMPANY, DECLARANT • Additional names on page of document GRANTEE(S) (Last name first, then first name and initials) CHICAGO t t.E INSUIIAME COhMPANY has placed the dammed of DUJARDIN DEVELOPMENT COMPANY add acctip i l lt Courtesy • Additional names on page of document IN dotal M or vOhdlry of LEGAL DESCRIPTION (abbreviated i e , lot, block, plat or section, township, range) Portions of Government Lots 2 and 3, Section 15, Township 23 North, Range 4 East, W M , Portion of Tract 67, Riverside Interurban Tracts, Vol 10 of Plats, Page 74, and Portion of Tract 19, Fostona Garden Tracts, Vol 9 of Plats, Page 95, in King County, Washington, also known as The Plat of Fosterview Estates, recorded under King County Recording No 20000505000735, Volume 194, Pages 062 -065 • Additional legal is on page of document ASSESSOR'S PROPERTY TAX PARCEL/ACCOUNT NUMBER 523 0490 @3x1 0190504 a C A4 c146(dc See Attached • Assessor Tax # not yet assigned RETURN ADDRESS Brent Carson BUCK & GORDON 902 WATERFRONT PLACE 1011 WESTERN AVENUE SEATTLE, WA 98104 WASHINGTON STATE RECORDER'S Cover Sheet (RCw 65 04) KING COUNTY RETURN ADDRESS Brent Carson BUCK & GORDON 902 WATERFRONT PLACE 1011 WESTERN AVENUE SEATTLE, WA 98104 WASHINGTON STATE RECORDER'S Cover Sheet (RCw 65 04) SECOND AMENDMENT TO DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS, EASEMENTS AND RESERVATIONS FOR FOSTERVIEW ESTATES, A PLANNED RESIDENTIAL DEVELOPMENT This Second Amendment to Declaration of Protective Covenants, Restrictions, Easements and Agreements for Fosterview Estates, a Planned Residential Development (the "Second Amendment ") is made this \ 5 day of 1042t:, , 2002 by Dujardin Development Company, a Washington corporation ( "Declarant ") CHICAGO TITLE INSURANCE COMPANY has placed the document of record as a customer courtesy RECITALS AND DECLARATION and accepts no liability for the acOuracy br validity of t}19 antumWfit A Declarant is the developer of the real property and improvements thereon legally described in Exhibit A (the "Property"), commonly known as the Plat of Fosterview Estates The Property is comprised of all the real property shown on maps recorded with the King County under Recording No 20000505000735, Volume 194, Pages 062 -065 B Declarant previously recorded that certain Declaration of Protective Covenants, Restrictions, Easements and Agreements for Fosterview Estates, a Planned Residential Development (the "Declaration ") under King County Recording No 20000505000736 The Declaration was previously amended by a First Amendment to the Declaration (the "First Amendment ") recorded under King County Recording No 20000505000737 C As the Development Period (as defined in the Declaration) has not termmated, Declarant under the provisions of the Declaration as previously amended, has the authority to amend and wishes to further amend the provisions of the Declaration as provided herein NOW, THEREFORE, Declarant hereby amends the Declaration as follows 1. Maintenance Responsibilities. The Fosterview Estates Homeowners Association. Section 5 1 of the Declaration is hereby deleted in its entirely and replaced with the following Y DU1ARDIIAFOSTlR2NDAMEN D nAOEOC 2 eel cs U. After termination of the Development Period, the Association shall operate and maintain the Common Areas as required or advisable The responsibilities of the Association shall include, but are not limited to, the following and 5.1. Association Responsibilities 5 1 1 The cleaning and maintenance of the water courses on Tracts A and B; 5.12 The maintenance, repair and replacement of the fences around and across Tracts A and B, and 5 1 3 The maintenance, repair and replacement of the french drains in the Common Areas as shown on the Plat Map, and 5 1 4 The maintenance, repair and replacement of the retaining wall and its associated drainage improvements located along the north boundanes of Lots 1 and 2, and 5 1 5 The maintenance, repair and replacement of the retaining wall and its associated drainage improvements located along south boundary of Tract B and South 137 Street, and 5 1 6. The maintenance, repair and replacement of the retaining wall and its associated drainage improvements located along north boundary of Lots 13 and 14 and the Private Drainage & Pedestrian and Public Utility Easement as shown on the Plat Map, and 5 17. The maintenance of the trails beginning at the cul de sac end of South 137th Place to and along the North boundary of the plat as shown on the plat map. The Association may provide such additional common maintenance that it determines to be in the best interest of the Owners 2. Maintenance Responsibilities - Retaining Walls. A new subsection 5 2 5 is added to Section 5 2 of the Declaration as follows 5.2.5. Retaining Walls. The Owners of any lot on which all or part of a retaining wall is located (except those walls specifically referenced in Sections 5 1 5, 5 1 6 and 5 1.7 above) shall be responsible for the maintenance, repair and replacement of any portion of a retaining wall (and its associated drainage improvements) which is located on their lot (collectively "Wall Maintenance ") In the event a retaining wall is located along a common property line between adjacent lots, the down slope lot Owner shall be solely responsible for Wall Maintenance of said wall The Owner responsible for Wall Maintenance under the provisions of this paragraph (the "Responsible Owner") is hereby granted an easement over and across the adjacent lot to perform such activities as are reasonably necessary for required Wall Y D W ARDAN'OSTPR2NDAME! D AID DOC 3 Maintenance, provided the Responsible Owner shall fully restore to substantially its original condition any area of the adjacent lot (including, without limitation, any improvements or landscaping) as is disturbed or damaged through the exercise of rights under this easement 3. Ratification. Except as expressly amended by this Second Amendment, all of the terms, covenants, conditions and easements set forth m the Declaration as previously amended by the First Amendment shall continue in full force and effect and are hereby ratified by the Declarant DECLARANT: (Printed Name) Its /fitil, we-7 STATE OF WASHINGTON ) COUNTY OF KING ) Y1WP1DWARARJTO$T R2NDAMFNIIJMODOC s s. CI BCAGO 1111.E INSURANCE COMPANY has placed the document of record as a customer courtesy and accepts no liability for the accuracy Or validity of the document. . On this day personally appeared before me oQi.jv() e G, to me known to be the Yt2Gs toe, rcr of Dujardin Development Company, the corporation who executed the within and foregoing instrument, and aclmowledged the said instrument to be the free and voluntary act of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument GIVEN under my hand and official seal this l3 day of ill Aiect4 , 2002 n � ft t} ) -4tett so n (Print Name) Notary Public in and for the State of Washington, residing at STt My commission expires 3 -1 S -0 3 4 z et , U.1 J U o O N0 CO W =; W O; J u._ 1 0 . t— tlJ z � z I- LU V ON ,I Wi u- p. Z , 07 , r z z Y 1WPIDUTARDTh WOS•IER2NDAMEN D MO DOC E ?>IE133IT A LEGAL DESCRIPTION Plat of Fosterview Estates, recorded under King County Recording No 20000505000735, Volume 194, Pages 062 -065, records of King County, Washington. 5 CHICACO TITLE INSURANCE COMPANY has placed the document of record its a customer courtesy and accepts no liability for the accuracy or varidrt}r of the document, .tcuiJ+ ti''1∎. ro," a4$i "'Na"iamnibYia�lht¢r,r 7.A,gS;:., f l'91 . 4 ee .wa:s,.•d ,�j.r. t.7 00 ! C p s ILL CO 114 w ri z � W Wi U o , ;o t iW W; • ~ ;Li. 17: z:. • U N o z ASSESSOR'S PROPERTY TAX ACCOUNT NUMBERS 26120000104 261200002002 261200003000 2612000040080 261200005005 261200006003 261200007001 261200008009 261200009007 261200010005 261200011003 261200012001 261200013009 261200014007 261200015004 261200016002 261200017000 2612000180080 261200019006 261200020004 Plat of Fosterview Estates Lots 1 through 40 CHICAGO TITLE INSURANCE COMPANY has pl-ced the document of record as o customer courtesy and ()crepts no Iabihty for tho accuracy or validity of the documaM, .261200 - 261200- 261200- 261200 - 261200 - 261200 - 261200 - 261200 - 261200- 261200- 261200- 261200 - 261200 - 261200 - 261200.- 261200 - 261200 - 261200 - 261200 - 261200 - 0210.- 02 0220 - 00 0230 - 08 0240 - 06 0250 - 03 0260 - 01 0270 - 09 0280 - 07 0290 - 05 0300 - 03 0310 - 01 0320 - 04 0330 - 07 0340 - 05 0350 - 02 0360 - 00 0370 - 08 0380 - 06 0390 - 04 0400 - 02