HomeMy WebLinkAbout1979 - First Amendment to Condominium Declaration - Cottage Creek Condominium - 79070210777907021077
FIRST AMENDMENT TO CONDOMINIUM DECLARATION
OF
COTTAGE CREEK, A CONDOMINIUM
AFFILIATED AMERICAN CORPORATION, a Washington corporation_,
referred to in this Amendment as "Sponsor has previously execu-
ted and filed a Condominium Declaration for Cottage Creek, A
Condominium, on April 5, 1979, under King County Recorder's Fee
No. 7904051096 (herein referred to as the "Declaration and on
the same date recorded a Survey Map and Plan in Volume 31 of
Condominiums, at Pages 16 through 26, inclusive, under King
CD County Recorder's Fee No. 7904051095. These documents submitted
certain real property to the Horizontal Property Regimes Act of
the State of Washington as a condominium. This First Amendment
t-- to Condominium Declaration is being recorded together with two
C pages of the Survey Map and Plan for the purpose of amending the
C Declaration and Survey Map and Plan of Cottage Creek, A Condominium.
In all particulars not amended by this First Amendment to Condominium
Declaration and by the Survey Map and Plan being filed concurrently
herewith, the Declaration and Survey Map and Plan are affirmed
and ratified. The undersigned, Cottage Creek Condominium Association,
a Washington non profit corporation (tree "Association has been
formed for the purpose of operating Cottage Creek, A Condominium.
The Association is joining in this First Amendment to the extent
that the Association may have any interest in the real property
covered by this First Amendment and the Survey Map and Plan being
recorded concurrently herewith.
NOW, THEREFORE, the Sponsor, together_ with the Condominium
Association, does hereby make the following amendments in the
Declaration.
1. Elimination of Certain Property from the Declaration and
the Condominium. At the time of the filing of the Declaration
and recording of 'che initial Survey Map and Plan the Sponsor, as
owner of the described propert °y, was under an obligation to deed
to the City of Tukwila certain real property for street improvement
purposes. That obligation was pursuant to an agreement dealing
with the real property executed by Sponsor's predecessor -in- interest.
The property to be deeded to the City should -have been excluded
from the Declaration initially, but through administrative oversight
was not excluded. The real property which should have been
excluded is described on Exhibit A attached hereto and incorpor-
ated herein by reference. The purpose of this paragraph of this
First AiiendLnent is to exclude the real property described on
Exhibit "A" from the condominium. The Survey Map and Plan being
recorded concurrently herewith. also e :-:cludes said property from
the condominium.
2. Parkinq Stall. Adjustment. The original Declaration had
attached to it as Exhibit "B" a schedule showing certain specifics
with regard to individual condominiums. It has been necessary
during construction to charge the location of certain parking
stalls and to reassign the parking stalls among condominium
units. There is attached hereto as Exhibit "B" a revision of
Exhibit "B" attached to the original Declaration and that revision,
by this amendment, becomes Exhibit "B" to this Declaration.
Those items which have been changed as between the original
Exhibit "B" and this Exhibit "B" are noted thereon.
3. Survey Map and Plan. Concurrently with the recording
of this First Amendment, Sponsor has recorded, under King County
Recorder's Fee No. 79070�Z'10 7 Co in Volume 93 of
Condominiums, at Pages 6_,q through 69 amendments to the
Survey Map and Plan amending two (2) pages of said document,
which amendment is for the purpose of incorporating the changes
O in the legal description and in the parking stall locations as
N described herein.
4. EXCEPT AS EXPRESSLY AMENDED BY THIS INSTRUMENT, the
Condominium Declaration and the Survey Map and Plan shall remain
in full force and effect and are hereby ratified and confirmed.
IN WITNESS WHEREOF, the undersigned have caused this First
Amendment to Condominium Declaration to be executed this a
day of _q C -,1(— 1979.
AFFILIATED AMERICAN CORPORATION,
a Washingt n corporation
B
By:
Its:
COTTAGE CREEK CONDOMINIUM
ASSOCIATION, a Washington
non profit rporati n
By:
Its:
EXHIBITS ATTACHED:
Exhibit "A" property to be excluded from condominium
Exhibit "B" revision of Exhibit "B" to original Declaration
Irm
STA'I'D OF WASHINGTON
•s.
COUNTY OF KING
On this R) day of June, 1919, before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned
and sworn, personally appeared PHILLIP C. FRICK, to me known to be the
EXECUTIVE VICE PRL:SIDINT of AUUILIATED AMERICAN CORPORATION, a Washington
Corporation, that executed the foregoing instrument, and acknowledged the
said instrument to be the free and voluntary act and deed of said corp-
oration, for the uses and purposes therein mentioned, and on oath states:
that he was authorized to execute the said instrument.
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WI'T'NESS my hand and official seal hereto affixed the day and year in
this certificate above written.
STATE OF WASHINGTON
s s
COUNTY OF KING
�GrL L"��L
Notary Pub is in and for the
State of Washington, residing at
On this 0 day of Julie, 1979, before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and
sworn, personally appeared PHILLIP C. FRICK, to me known to be the VICE-
PRESIDENT of COTTAGE CREEK CONDOMINIUM ASSOCIATION, a Washington non profit
corporation, that executed the foregoing instrument, and acknowledged the
said instrument to be the free and voluntary act and deed of said non-
profit corporation, for the uses and purposes therein mentioned, and on
oath stated that he was authorized to execute the said instrument.
WITNESS my hand and official seal hereto affixed the day and q;
in this certificate above written.
4 00 "n SS-01 "nl
Notary Public in and for thc:
t:..zte of Washington, residing at
0
CONSENT BY MORTGAGEE
WASHINGTON MORTGAGE CO., INC., as Mortgagee under a mortgage
dated Q% 4"p- 12 19 7S as recorded on y
19 �1`nder King County Receiving No. 7 ,$0 L /y d 99y
hereby consents to the execution and recording of the
Amendment to Condominium Declaration of Cottage Creek, A Condominium.
DATED this day of 1979-
WASHINGTON MORTGAGE CO., INC.,
a Washington corporation
CV
By:
Its:
CJ`
tft•
STATE OF WASHINGTON
ss.
COUNTY OF KING
On this day of before me
personally appeared to me known to be
the .2- of the corporation that executed the
within and foregoing instrument, and acknowledged the said instryp ent
to be the free and voluntary act and deed of said corporation".0-- j'•
for the uses and purposes therein mentioned, and on oath state
that he was authorized to execute said instrument and that the
seal affixed is the corporate seal of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year first above written.
NOTARsr PUI�LIC in and for the
State of Washington, Residing
at
EXHIBIT "A"
LLGAL DESCRIPTION:
:z
That portion of Lot 16 of the pl,it of the Interurban Addition to Seattle
recorded in Volume 10, Page 55, Records of Plats, ring County, Washing 'tari
The North 20.00 feet of said pars ul, TOGETHER WITH the West 5.00 feet =of,
said Lot 16.
iOGETHER WITH:
Commencing at the Northwest corner of Lot 16; thence SO1 0 21'40" W. a1Qng.
the Westerly line of Lot 16 a distance of- 20.00 feet; thence S88 0 24 "'E
parallel to the Northerly line of said Lot 16 a distance of .5.00 fee t` to'
the TRUE POINT OF BEGINNING; thence continuing S88 24 E. a distance o
11.17 feet; thence southwesterly aroilnd a curve to the left containing a` ;h.
Central Angle of 20 29'30" having a radius of 47.00 feet, a
16.81 feet; thence N01 21'40" E. a distance of 12.49 feet to the TRUE,?POIN,T4'.
i IN
OF BEGINNING."
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O IOGLTHER WITH:`}
Cuimiericing at the Southwest currier of said Lot 16; thence S88'24'47 't, V.
r' along the South l i n e of said Lot 16 a d i s t a n c e of 5.00 feet to the TRUE
POINT OF BEGINNING; thence continuing S88 24 E. along said South to
distance of 11.63 feet; thence N8rthwesterly around a curve to the r ht_,:;
containing a Central Angle of 'l0 00 having a radius of` 52.00 felt' arY
arc distance of 18.15 feet; tIlLfrce S01 21'40 W. a distance of 13.78.;f <eertx
to the TRUE POINT OF BEGINNING.
ES
O
i, 4'16 ,•17
Thy dcscril,ed Real Yzopurty i:, Dart of the Condominium Declaration pi Cso edge
Creek, a Condominium, recorded wider King County Auditors File No, 790405!1096
and of the Cottage Creek Survey Map and Plan recorded in volume 31 ofy:�Coriaomin
iums at Pages 16 26, under Kiny County Auditors File No. 7
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