This First Amendment to Amended and Restated Declaration of Covenants, Conditions, and Restrictions for Lexington Subdivision ("Amendment") is made this 13th day of September, 2021, by Lennar Northwest, Inc., a Delaware corporation ("Declarant"). This Amendment amends the Amended and Restated Declaration of Covenants, Conditions, and Restrictions for Lexington Subdivision, recorded under King County recording no 20210528000726 ("Declaration"). All capitalized terms used and not otherwise defined in this Amendment shall have the same meaning as in the Declaration.

 

Upon recording of the Map, a sensitive area buffer easement over Units 15 through 19 was created. Per the Map, the Owners of said units were made responsible for maintaining the easement. This Amendment makes the Association responsible for such maintenance and also responsible for maintaining the sensitive area tract abutting the easement (Tract B).

 

Per Section 12.2 of the Declaration, the Declaration may be amended by a vote or written agreement of the Owners of Units to which at least sixty-seven percent (67%) of the votes in the Association are allocated. Declarant owns all Units within the Plat Community. Accordingly, Declarant amends the Declaration as follows:

 

1. New Section 8.11. Section 8.11 is added to the declaration as follows:

 

Section 8.11 Sensitive Area Buffer Easement. Upon recording of the Map, a private sensitive area buffer easement over Units 15 through 19 and abutting Tract B was created. The Association is responsible for maintaining said easement area consistent with Section 8.2 of the Declaration and with the Sensitive Area Tract/Easement Notes on the Map. The easement area is depicted on the Map (labeled "Phase I Private Buffer Easement") and is legally described as follows:

 

THAT PORTION OF LOTS 15 THROUGH 19 INCLUSIVE, LEXINGTON SUBDIVISION PHASE 1, UNDER KING COUNTY RECORDING NUMBER 20180712400436, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

 

BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 19;

THENCE NORTH 00°13'26" WEST, 17.65 FEET

THENCE NORTH 90°00'00' EAST, 156.05 FEET;

THENCE SOUTH 72'56'06" EAST, 73.89 FEET;

THENCE SOUTH 00'04'12" EAST, 5.58 FEET;

THENCE SOUTH 89'46'34" WEST, 70.58 FEET;

THENCE NORTH 00°13'26" WEST, 10.50 FEET;

THENCE SOUTH 8946'34" WEST, 156.00 FEET TO THE POINT OF BEGINNING.

 

CONTAINING 3,875 SQUARE FEET, MORE OR LESS.

 

2. Effective Date. This Amendment shall be effective upon recording.

 

3. No Other Chances. Except as amended above in this Amendment, the Declaration shall remain in full force and effect in accordance with its terms.