Chestnut Trails First Amendment to the Declaration of CC & Rs

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FIRST AMENDMENT TO DECLARATION OF
CHESTNUT TRAILS

THIS AMENDMENT to the Declaration is made as of this 1 day of February, 1996.

RECITALS

A. Declaration of Covenants, Conditions, Restrictions and Reservations (the "Declaration") was previously filed and recorded under Snohomish County Recording Nos. 951115012 upon the real property more particularly described in said Declaration.

B. It is desired to amend the Declaration in certain respects to conform the Declaration to construction (including clarifying the types and sizes of homes to be constructed on the property, parking restrictions, installation of satellite dishes, and fencing material).

NOW, THEREFORE, to accomplish the foregoing purposes, and pursuant to the provisions of the Declaration (including Section 14.3), Declarant hereby publishes and declares this Amendment to the Declaration as follows.

1. Section 6.2.2, the last sentence is hereby amended to now read: "The homes to be built will range between 1400 and 2600 square feet".

2. Section 6.2.4, is hereby amended to expand the requirement that "all homes have some brick on the exterior", providing instead that "all homes shall have some brick, stone, or shingle accent panels on the exterior".

3. Section 7.11, Garages, is hereby amended by adding the following: "Owners may park vehicles in the driveway area in front of the garage; provided that no motor vehicle may be parked so that it extends outside the boundaries of the driveway".

4. Section 7.13, Mobile or Manufactured Housing, is hereby amended to delete the prohibition against using "repetitive designs"; specifically, the first two sentences are deleted. The remainder of this section shall remain in force, without change.

5. Section 7.19, Antenna, is hereby amended by adding the following language: "Owners may construct and maintain satellite dishes 24" in diameter or less on their lot; provided that such satellite dishes shall only be allowed if substantially screened from view from the street or from the ground level of adjacent lots in a manner reasonably approved by the ACC".

6. Section 7.20, the second sentence is hereby amended by: (a) changing the phrase "must be constructed of wood or other material approved by the ACC. to read "must be constructed of wood"; and (b) adding the following: ";provided that cyclone fencing may be used in the areas adjacent to greenbelts".

7. EFFECTIVE DATE. This Amendment shall take effect upon recording.

8. OTHER PROVISIONS. Except as modified specifically herein, all other provisions of the Declaration shall remain in effect.

IN WITNESS WHEREOF, the undersigned have executed this Amendment to the Declaration as of the date first above given.

DECLARANT:

Chestnut Trails Joint Venture
By: Its Manager, Sundquist Homes, Inc.
By: (Larry J. Sundquist)
Larry J. Sundquist, President

By: (Jim Short)
Jim Short (a Sole Proprietorship, J Short Construction)

By: (Richard E. Wagner)
Richard E. Wagner (a Sole Proprietorship, Woodhaven Homes)

By: (Donald C. Lange)
Donald C. Lange, President

STATE OF WASHINGTON )
) ss.
COUNTY OF SNOHOMISH )

On this 1 day of February, 1996, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Larry J. Sundquist, to me personally known (or proven on the basis of satisfactory evidence) to be the President of Sundquist Homes, Inc, the corporation which is the Manager of the Chestnut Trails Joint Venture that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said Joint Venture for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation.

WITNESS my hand and seal hereto affixed the day and year in this certificate above written.

(Karen J. Wood)
NOTARY PUBLIC in and for the State of
Washington, residing in Everett.
My commission expires: 7-1-96.
Print Notary Name: Karen J. Wood

STATE OF WASHINGTON )
) ss.
COUNTY OF SNOHOMISH )

On this 2 day of February, 1996, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared James S. Short, to me personally known (or proven on the basis of satisfactory evidence) to be the individual who executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said Joint Venture for the uses and purposes therein mentioned.

WITNESS my hand and seal hereto affixed the day and year in this certificate above written.

(Karen J. Wood)
NOTARY PUBLIC in and for the State of
Washington, residing in Everett.
My commission expires: 7-1-96.
Print Notary Name: Karen J. Wood

STATE OF WASHINGTON )
) ss.
COUNTY OF SNOHOMISH )

On this 2 day of February, 1996, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Richard E. Wagner, to me personally known (or proven on the basis of satisfactory evidence) to be the individual who executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said Joint Venture for the uses and purposes therein mentioned.

WITNESS my hand and seal hereto affixed the day and year in this certificate above written.

(Karen J. Wood)
NOTARY PUBLIC in and for the State of
Washington, residing in Everett.
My commission expires: 7-1-96.
Print Notary Name: Karen J. Wood

STATE OF WASHINGTON )
) ss.
COUNTY OF SNOHOMISH )

On this 2 day of February, 1996, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Donald C. Lange, to me personally known (or proven on the basis of satisfactory evidence) to be the individual who executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said Joint Venture for the uses and purposes therein mentioned.

WITNESS my hand and seal hereto affixed the day and year in this certificate above written.

(Karen J. Wood)
NOTARY PUBLIC in and for the State of
Washington, residing in Everett.
My commission expires: 7-1-96.
Print Notary Name: Karen J. Wood