HomeMy WebLinkAboutAD04-048 - Amendment - #1 - Kent Station, LLC - Recorded Restrictive Covenants - 06/18/2009 20090618001591.001
WHEN RECORDED RETURN TO:
3AMESON,BABBITT,STITES&LOMBARD
ATTN: ANNE L.AWLER
999 THIRD AVENUE,SUITE 1900
SEAT1-LE,wA 98104 11111111111111111111111111111111111
20090618001591
CHICAGO TITLE COV 62.00
PQGE001 OF 023
08/i8/2009 16.27
KING COUNTY, Up
V-'�y" ^q r'b<� ,a 'atl >5:� �F: <°"".s Ca;.`V,
701 5th Avenue-$uite=0-Seattle Washington 98104
DOCUMENT- TITU(,Sl
1, FIRST AMENDMENT TO DECLARATION OF COVENANTS,CONDITIONS AND
RESTRICTIONS _
REFERENCE NUMBER(5)OF DOCUMENTS AMEN: 20040629001162
GRANTOR(S):
1. TARRAGON-KENT STATIONL PHASE I,LLC
2. TARRAGON-KENT STATIONL PHASE 11,LLC
3. TARRAGON-KENT STATIONL PHASE R LLC
4. TARR.A N-KENT STATIONL PHASE IV,LLC
Addnionat names on page 2ofdocument FILED BY CHICAGO TITLE INSURANCE
GRANTEE(S):
1. TM PUBLIC REF#
ABBREVL4,TED LEGAL DESCRIMON
Units: I — % Volume: 208 of condominiums Pages: 70-74
Plat Name: Ramsay Way Commercial Condominitun
Lot: B
Plat Name:City of Kent BLA No LL-2008-16,Recording No 20090407900009
0 Complete Iegal description on pages •of document
ASSESSOR'S PROPERTY TAX PARCEL ACCOUNT NUMBWS): 383098-0080-06
714200-0010-02;and 714200-0020-00
(Cheek trapplicable and sign below) I am requesting an emergency nonstandard recording for an additional fee as
provided in RCW 36.18010. I understand that the recordmg processing requirements may cover up or otherwise obscure
some part of the text of the original document
Signature
This cover sheet is for the County Recorder's indexing purposes only. The Recorder will rely on the information
provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing
information e=ided herein.
20090618001591.002
FIRST AMENDMENT
TO
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR
ICM STATION
pp THIS FIRST AMENDMENT TO THE DECLARATION is made this �$day of
jl n¢ 2009, by Tarragon- Kent Station Phase I, LLC, a Washington Limited Liability
Company ("TKSP-l'), Tarragon -Kent Station Phase II, LLC, a Washington Limited Liability
Company ("TKSP-II"}, Tarragon-Kent Station Phase 11I, a Washington Limited Liability
Company C TKSP-III"), Tarragon - Kent Station Phase IV, LLC, a Washington Limited
Liability Company ("TKSP-IV"), State of Washington, State Board For Community and
Technical Colleges, Green River Community College, acting through the Department of General
Administration ("Coleege'), the Ramsay Way Commercial Condominium Owners Association
(the"Association"),(TKSP-1,TKSP-I1,TKSP-Ill, TKSP-IV,the College and the Association are
hereinafter collectively referred to as the"Owners'), Kent Station,L.L.C.,a Washington Limited
Liability Company ("Developer"), and the City of Kent ("City"), a municipal corporation,
regarding that certain real Property hereinafter described and located in King County,
Washington. This First Amendment is further consented to by AmericaaMulti-Cinema, Inc., a
Missouri Corporation("AMC').
RECITALS
A. Developer, on its own behalf and as agent for Tarragon —Kent Station Phase I
L.L.0 , and the City entered into the Declaration of Covenants Conditions and Restrictions for
Kent Station dated as of dune 29, 2004, under King County Recording No. 20040629001162
(the"Declaration"),which Declaration was consented to by AMC.
B. The Owners and Developer now desire to amend the Declaration in part to add the
revised MPD Site Plan attached hereto as Exhibit B-1. and to update the Legal Description of the
Project as attached hereto as Exhibit A. Pursuant to Sections 2.9 and Article 3, this First
Amendment requires the approval of the City and the consent of AMC.
C. All parties hereto are now ready to approve the new Exhibits A and B-1.
AMENDMENT
Now therefore, for and in consideration of the mutual covenants and conditions set forth
herein,the parties hereto hereby amend the Declaration as follows:
I. Recitals. All recitals are hereby incorporated herein by reference.
5149P0527VM]47"D0C.WAM 1
20090618001591.003
2. Legal Description. The attached Exhibit A is hereby substituted in its entirety for
the legal description attached to the Declaration as Exhibit A.
3. MPD Site Plan for the Declaration. The attached Exhibit B is hereby substituted
in its entirety for the MPD Site Plan attached to the Declaration as Exhibit B. The attached
Exhibit B does not replace or substitute for the MPD site plan attached to the Development
Agreement dated as of January 20, 2004, and referenced in recording number 20040629001156,
which is used by the City pursuant to the Development Agreement as the basis for determining if
requested modifications are major or minor revisions, all as more particularly set forth in the
Development Agreement.
4. Units 1 and 2 Ramsay Way Commercial Condominium. Units I and 2 of the
Ramsay Way Commercial Condominium were created after the execution of the Declaration on
real property that was initially described as the Phase I Property. This property is now described
as Parcel B in the attached legal descriptions. However, the parties agree and acknowledge that
the portion of the Ramsay Way Commercial Condominium which is comprised of Units 1 and 2
was originally within "Phase I" of the original Declaration and remains subject to the Phase I
restrictions as are set forth in Sections 4.3(n), 5.9(ii) and 10.2(iii).
5. Counterparts. This First Amendment may be executed in counterparts.
4. Except as specifically amended herein, the Declaration remains in full force and
effect.
In witness whereof, this First Amendment is hereby executed as of the date first above
written.
51097WZ76=314759 DOC V02 ADL 2
20090618001591.004
OWNERS:
TARRAGON—KENT STATION PHASE I L.L.C.
A Washington Limited Liability Company
By: Kent Station-Phase I Partners L.L.C.,its
Sole Member
By: Tarragon L.L.C.its Manager
By: /
Its: , 1oEnz
Date: •i s
Address for Notices:
1000 Second Avenue,Suite 3200
Seattle,WA 98104
TARRAGON—KENT STATION PHASE II L.L.C.
A Washington Limited Liability Company
By: Tarragon L.L.C.its Manager
By: —�
Its:
Date:
Address for Notices:
1000 Second Avenue, Suite 3200
Seattle, WA 98104
i
f 1097027VM14739 DOC V61 AOL 3
20090618001591.005
• r .
TARRAGON-KENT STATION PHASE III L.L.C.
A Washington Limited Liability Company
By: Tarragon L.L.C.its Manager
By:
Its:
Date i-i-y •og
Address for Notices:
1000 Second Avenue, Suite 3200
Seattle,WA 98104
TARRAGON-KENT STATION PHASE IV L.L.C.
A Washington Limited Liability Company
By: Tarragon L.L.C.its Manager
By: ��. --Lc
Its• 0En,
Date: G -is-."
Address for Notices:
1000 Second Avenue, Suite 3200
Seattle,WA 98104
RAMSAY WAY COMMERCIAL
CONDOMINIUM OWNERS ASSOCIATION,
A Washington nonprofit corporation
By:
Its:
Date: o
By: B br
Its: lhce `RtF.-go&+Y
Date: 6,- IS •off
5109M5276=1473vu0cv67 AM 4
20090618001591.006
r '
COLLEGE:
State of Washington, State Board for
Community and Technical Colleges,
Green River Community College
Acting through the Department of
G=] Adnu'nistration
D
oward S. Cox,Interim Assistant Director
Facilities Division
Date. 'S YQ, 1� 2009
5nn �
d�ne u hford,Depu irector
ate- 2009
APPROVED AS TO FORM:
Assistant Attorney General
Date: 2009
51097,052 76=3 147 59 DOC VQ AM 5
20090618001591.007
DEVELOPER:
KENT STATION L.L.C.
A Washington Limited Liability Company
By: Tarragon L.L.C.its Manager
By: /'- � "'2
Its: z5E ry,
Date: G •1s.oa
Address for Notices:
1000 Second Avenue,Suite 3200
Seattle, WA 98104
CITY:
THE CITY OF KENT,
A Washington Municipal Corporation
By:
Its: uLtuAa bra eto bivtclav
Date: to
Address for notices:
City of Kent
220 Fourth Avenue South
Kent,WA 98032
516971 nV4W 147S9 DW V67 ADL 6
20090618001591.008
DEVELOPER:
KENT STATION L.L.C.
A Washington Limited Liability Company
By: Tarragon L.L.C. its Manager
By:
Its:
Date:
Address for Notices:
1000 Second Avenue, Suite 3200
Seattle, WA 98104
CITY:
THE CITY OF KENT,
A Washington Municipal Corporation
By. ✓LN/
Its: Gt)cuwtu<+ br�eio� biv[t{av
Date:
Address for notices:
City of Kent
220 Fourth Avenue South
Kent, WA 98032
5109M577MOG314759 DOC VOT ADL 6
20090618001591.009
AM IC: AMC hereby consents to the Amendment
AMERICAN MULTI-CINEMA,INC.
zeBy:
Craig R. amsey, Executive Vi -President and Chief
Financial Officer
Address for notices:
American Multi-Cinema, Inc.
420 Main St.
Kansas City, Mo. 64105
Attention: Lease Administrator
51097W527NW14759 DOCS42 AOL 10
4me
20090618001591.010
STATE OF WASHINGTON )
) SS.
COUNTY OF )
I certify that I k(o)or have satisfactory evidence that the person appearing before me
and making this acknowledgment is the person whose true signature appears on this document.
On this = day of 2009 befpre me personally appeared
to me o be the o 'gf THE CITY OF KENT, a
Washington Municipal Corporatt a corporation that executed the within and 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/she was
authorized to execute said instrument.
WITNESS my hand and offigi al hereto affixed the day and year first above written.
Q� � Notary Public in and the State of Washington,
CA � >
residing ati_f'�1 C.
My commission expires:
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(Use This Space for Notarial Seal Stamp)
5109M5276100014759 DOC Vn7 ADL 8
20090618001591.011
STATE OF WASHINGTON )
ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that the person appearing before me
and making this acknowledgment is the person whose true signature appears on this document.
On this /.5`4"day of /M 2009, before me personally appeared
�'jaApeA�—.„to me known Eo be the of Tarragon L.L.C., the manager of
Kent Station- Phase I Partners L.L.C., the sole member of TARRAGON-KENT STATION
PHASE I L.L.C., a Washington Limited Liability Company, the limited liability company that
executed the within and foregoing instrument, 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/she was authorized to execute said instrument.
WITNESS my hand and official seal hereto ced the day and year first above written.
�tt -Notary Public m' d-for the Mate of Washington,
kk ANt3 p++$it residing at
_yY�.�gsloov �y M ommission expires: — a
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20090618001591.012
STATE OF WASHINGTON )
ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that the person appearing before me
and making this acknowledgment is the person whose true signature appears on this document.
On this 1115y- day of j'Si A 2009, before me personally appeared
me known to be the fA> &, .e.7.a4' of Tarragon L.L.C., the manager of
'TARPA GON-KENT STATION PHASE 11 L.L.C., a Washington Limited Liability Company,
the limited liability company that executed the within and foregoing instrument, 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/she
was authorized to execute said instrument.
WITNESS my hand and offic.at seal hereto affixed the day and year first above written.
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\`s p�j"�tuyttt+ resid�mg at % ,ut and
t-4�e S� off,Washington,
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[Type or Print Notary Name]
i N4y AI/8062
(Use This Space for Notarial Seal Stamp)
SIOOT R27MM 14759 DOC Vnj Ate. 10
20090618001591.013
STATE OF WASHINGTON )
ss.
COUNTY OF_ )
I certify that I know or have satisfactory evidence that the person appearing before me
and making this acknowledgment is the person whose true signature appears on this document.
On this 1_ day of 2009, before me personally appeared
&b o me known to the fA i X d s vt k of Tarragon L.L.C., the manager of
A GON-KENT STATION PHASE III L.L.C., a Washington Limited Liability Company,
the limited liability company that executed the within and foregoing instrument, 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/she
was authorized to execute said instrument.
WITNESS my hand and official seal hereto the day and year first above written.
— . l (��/ff/LG
,,�.•`N A"ST"iIII,, Notary Public in and for the fate of Washington,
�ysioNi, residing at11�d
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20090618001591.014
STATE OF WASHINGTON )
ss.
COUNTY OF
I certify that I ow or have satisfactory evidence that the person appearing before me
and making this acknowledgment is the person whose true signature appears on this document.
On this _C� day of 2009, before me personally appeared
J 2Wk 0,ta&rir to me known to a the 1 of Tarragon L.L.C., the manager of
TARRAGON-KENT STATION PHASE IV L.L.C., a Washington Limited Liability Company,
the limited liability company that executed the within and foregoing instrument, 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/she
was authorized to execute said instrument.
WITNESS my hand and off ' l seal hereto affixe the day and year first above written.
A elk
1�A. Sp ll4rr -118iary Public 'n and for a State of Washington,
.a\NNµll '/
S= �,�� �ssrop".' '�iy residing at�
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51097017M3147M DOO Vdj AM 12
20090618001591.015
STATE OF WASHINGTON )
ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that the person appearing before me
and making this acknowledgment is the person whose true signature appears on this document.
On this =day of 2009, before me personally appeared
1314+tw✓to me known to be the Are:S Jd� of Tarragon L.L.C., the manager of KENT
STATION L.L.C., a Washington Limited Liability Company, the limited liability company that
executed the within and foregoing instrument, and acknowledged the said instrument to be the
free and voluntary act and deed of said Iimited liability company, for the uses and purposes
therein mentioned,and on oath stated that he/she was authorized to execute said instrument.
WITNESS my hand and o cial seat hereto affix d the day and ar first above written.
otary Public in��a/n/ fo the fate of Washington,
residing ate �Exl
My commission expires: :1?-
o ` • - _ _ [Type or Print Notary Name]
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20090618001591.016
STATE OF )
�- _ ) ss.
COUNTY OF� s� }
I certify that I know or have satisfactory evidence that the person appearing before me
and making this acknowledgment is the person whose true signature appears on this document.
On this 1 4, day of , 2009, before me personally appeared Craig
R. Ramsey, to me known to be4the Executive Vice-President and Chief Financial Officer of
AMERICAN MULTI-CINEMA, INC., the corporation that executed the within and 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 was
authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
�/&zsi `
Notary Public in and for the State of Missouri,
residing at
MARCEL L.R04AA0WN My commission expires: Z 21
Notary PubW-N"Y Ud a2c� `
STATE OF MSSOIJRt
Jackson County [Type or Print Notary Name]
My commission Expires: 24.200
Commission#05736M
(Use This Space for Notarial Seal Stamp)
5109A0527 M14759DWV63ADt. 17
20090618001591.017
STATE OF WASHINGTON )
ss.
COUNTY O �#-~ )
I,the undersigned,a Notary Public,do hereby certify that on this day of
2009,personally appeared before me HOWARD S.COX,Interim
Ass Cant Deputy Director,Facilities Division,Department of General Administration, State of
Washington,to me known to be the individual described in and who executed the within
instrument,and acknowledged that he signed and sealed the same as the free and voluntary act and
deed of the Department,for the purposes and uses therein mentioned,and on oath stated that he
was duly authorized to execute said document.
WITNESS my hand and official seal hereto affixed the day and year first above written.
L — zL
Notary Public aan far the State of Washington,
residing at �s
My comrpission ex ' s: C Q/
[Type or Print Notary Name]
cP�r 5.29-id` �
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(Use This Space for Notarial Seal Stamp)
5109M5276=14759 DOC V61 AM 15
20090618001591.018
STATE OF WASHINGTON )
- ss.
COUNTY OF.G1 cr►� )
I,the undersigned,a Notary Public,do hereby certify that on this day of
2009,personally appeared before me JANE RUSHFORD,Deputy
Dire or,Department of General Administration,State of Washington,to me known to be the
individual described in and who executed the within instrument, and acknowledged that she signed
and sealed the same as the free and voluntary act and deed of the Department,for the purposes and
uses therein mentioned,and on oath stated that she was duly authorized to execute said document.
WITNESS my hand and official seal hereto affixed the day and year firstabove written.
Notary Public in and or the State of Washington,
residing at L41Z�
LPN, py My commission expi s 0,0
�rZ [Type or Print Notary Name]
PUBC C
�F WASN��G�
(Use This Space for Notarial Seal Stamp)
51097M15376M76514759 DOC V61 AM 16
20090618001591.019
STATE OF WASHINGTON )
$a.
COUNTY OF )
I certify that I know or have satisfactory evidence that the persons appearing before me
and making this acknowledgment are the persons whose true signatures appear on this document.
On this PS day of J" uA u, 2009, before me personally appeared
_ S T.yvt a ens, and 04odAJAn,jc , to me known to be the
and t. PA.cairLAa&t , respectively, of
RAMSEY WAY COMMERCIAL CONDOMINIUM OWNERS ASSOCIATION, the nonprofit
corporation that executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said nonprofit corporation, for the uses
and purposes therein mentioned, and on oath stated that they were authorized to execute said
instrument and that the seal affixed,if any, is the corporate seal of said corporation.
WITNESS my hand and official seal hereto affixed the day and year first above written.
-Notary Public in and for the State of Washington,
���..�•••�••,n,a,t residing at a to �
a`�P;STaloN R t''4rri MX commission expires:
y �aoT'�4� '; y [Type or Print Notary Name]
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20090618001591.020
EXHIBIT A
Legal Description
PARCEL A: (PHASE I)
LOTS I THROUGH 9, INCLUSIVE, KENT STATION DIVISION 1 ACCORDING TO THE
PLAT THEREOF RECORDED IN VOLUME 233 OF PLATS, PAGE(S) 72 THROUGH 75,
INCLUSIVE; AND
LOT A CITY OF KENT BOUNDARY LINE ADJUSTMENT NO. LL-2006-21, AS
RECORDED UNDER RECORDING NUMBER 20080825900006, IN KING COUNTY,
WASHINGTON.
PARCEL B: (Ramsay Way Commercial Condominium)
UNITS I AND 2, RAMSAY WAY COMMERCIAL CONDOMINIUM, SURVEY MAP AND
PLANS RECORDED IN VOLUME 208 OF CONDOMINIUMS,PAGES 70 THROUGH 74,
INCLUSIVE, AND ANY AMENDMENTS THERETO; CONDOMINIUM DECLARATION
RECORDED UNDER RECORDING NUMBER(S) 20050803001241,AND ANY
AMENDMENTS THERETO, IN KING COUNTY, WASHINGTON.
PARCEL C: (PHASE II)
LOTS I THROUGH 6,INCLUSIVE,KENT STATION DIVISION 2,ACCORDING TO THE
PLAT THEREOF RECORDED IN VOLUME 238 OF PLATS, PAGES 40 THROUGH 43,
INCLUSIVE, IN KING COUNTY, WASHINGTON.
PARCEL D: (PHASE IV)
LOTS A AND B, CITY OF KENT BOUNDARY LINE ADJUSTMENT NO. LL-2008-16,
RECORDED UNDER RECORDING NUMBER 20090407900009, IN KING COUNTY,
WASHINGTON
PARCEL E: (PHASE III)
LOT B, CITY OF KENT BOUNDARY LINE ADJUSTMENT NO. LL-2006-21, AS
RECORDED UNDER RECORDING NUMBER 20080825900006, IN KING COUNTY,
WASHINGTON.
51097\027M903 14 75 9 DOC v(+i ADL
20090618001591.021
WIBIT B
W.s James St MPD Site Plan (as,,of March 4, 2009)
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