HomeMy WebLinkAboutsecond amendment to DeclarationAFTER RECORDING RETURN TO:
HUGH LEWIS, ATTORNEY AT LAW, P.C.
2200 Rimland Drive, Suite 220
BELLINGHAM, WA 98226-6643
TITLE OF DOCUMENT: SECOND AMENDMENT TO DECLARATION FOR
AUBURN AIRPORT HANGAR CONDOMINIUM
AF# OF AFFECTED DOCUMENT: AF # 20030415000674
GRANTOR: AVIATION PROPERTIES, INC.
GRANTEE: THE GENERAL PUBLIC
ABBREV. LEGALDESCRIPTION: AUBURN AIRPORT HANGAR CONDO, AF #
20030415000674
SECOND AMENDMENT TO DECLARATION
FOR AUBURN AIRPORT HANGAR CONDOMINIUM
PURPOSE: TO EXERCISE DEVELOPMENT RIGHT
TO ADD FINAL PHASE, AND TO TERMINATE DEVELOPMENT RIGHTS
THIS AMENDMENT is made this 3 day of Aee :.A , 2005, by AVIATION
PROPERTIES, INC., a Washington Corporation ("Declarant").
WITNESSETH THAT:
WHEREAS, the Declarant executed certain Condominium Instruments establishing AUBURN
AIRPORT HANGAR CONDOMINIUM in King County, Washington and caused the Declaration to be
recorded in the land records of King County, Washington, at Recording No. 20030415000674, along with
a Survey Map and Plans, which were contemporaneously recorded at Recording No. 20030415000673; the
Declaration has been previously amended by an instrument recorded at Recording No. 20050119001911; the
Survey Map has been previously amended by an instrument recorded at Recording No. 20050119001910.
WHEREAS, pursuant to RCW 64.34.236 and Sections 3.3.2 and 17.6 of the Declaration, the
Declarant may unilaterally amend the Condominium Instruments from time to time to exercise Development
Rights; and
WHEREAS, in Section 3.3.1 of the Declaration, the Declarant reserved Development Rights to
develop the Condominium in up to four "Phases" by adding improvements to the Condominium and creating
additional Units, Common Elements, or Limited Common Elements within the real property included in the
Condominium; and
Page 1
WHEREAS, the Declarant now wishes to exercise one or more of such Development Rights and has
created additional improvements, Units, Common Elements, and Limited Common Elements as more
particularly described below, all for the purpose of creating an additional and final Phase of Development,
known as "Phase 3", consisting of eight (8) additional Units in two additional buildings, as described in
Section 3.3.1 of the Declaration.
NOW, THEREFORE, pursuant to and in compliance with Section 3.3.2 of the Declaration and RCW
64.34.236, the Declarant hereby amends the following Sections of the Declaration, as follows:
1.2.1 Reference to Second Amendment to Survey Map.
Contemporaneously with the recordation of this Amendment, the Declarant has recorded with the
Auditor of King County, Washington a Second Amendment to the Survey Map and Condominium plans,
showing the location and dimensions of the new Units and other improvements constructed or contemplated
to be constructed for Phase 3 of this Condominium, together with other information required by the
Condominium Act; this Second Amendment to the Survey Map and Plans is recorded at Recording No. _
among the land records of King County, Washington.
3.2 Buildings.
The Condominium presently contains seven (7) buildings containing Units, all ofwhich are depicted
on the Survey Map and Plans, as Amended.
3.3 Development Rights.
Declarant has exercised all reserved Development Rights. No more units may be added to this
Condominium.
4.1.1 Number of Units Following Amendment. The Condominium contains for, - — (46) Units.
The location of existing Units within the buildings and their dimensions are shown on the Condominium
Survey Map and Plans, as amended. The Second Amendment to Exhibit B to the Declaration attached hereto
contains a list of all Units, their identifying numbers, location, style and the Allocated Interests appurtenant
to each Unit. The Allocated Interests have been reallocated among all Units in accordance with Section 3.3.2
of the Declaration and with RCW 64.34.236(1).
6.1 Limited Common Elements.
(No Change.)
20. Certificate of Completion of All Units
Page 2
Declarant hereby certifies, pursuant to RCW 64.34.200(2), that all structural components and
mechanical systems of all buildings containing or comprising any Units in the Condominium, including the
Units added by this Amendment, are substantially completed.
Exhibits.
Attached hereto is the Second Amendment to Exhibit B to the Declaration.
EXCEPT as modified by this Amendment, all of the terms and provisions of the Condominium
Instruments are hereby expressly ratified and confirmed and shall remain in full force and effect.
IN WITNESS WHEREOF, the Declarant has caused this Amendment to be executed as of the date
first written above.
DECLARANT:
AVIATION PROPERTIES, INC.
B
Its 0; It V,? , We •, �-� � �/�.�� s:e�e,.
Page 3
STATE OF WASHINGTON
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that��t is
the person who appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he was authorized to execute the instrument and that he acknowledged it as the President of the
Declarant, AVIATION PROPERTIES, INC. to be the free and voluntary act of such party for the uses and
purposes ment'oned in this instrument.
DATED: , 2005.
NOT PUBLIC in an for the State of
�10TARy o Washington. My commi Sion expires:
•'•••.z.'....••
/ssF OFW ws'�\�`��
11
Page 4
CONSENT BY GROUND LESSOR
CITY OF AUBURN, a Washington municipal corporation, as the Lessor under the Ground Lease described
in Section 3.4 of the Declaration for this Condominium, hereby consents that the new Phase of development
reflected in this Amendment to Declaration may be created in accordance with the foregoing.
DATED this �. day of &C*tt4,4,-2005.
LESSOR: CITY OF Washington Municipal
Co or
By —
Printed Name:
Title
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I hereby certify that I know or have satisfactory evidence that Al� A-
is the person who appeared before me, and said person acknowledged that (s)he signed this instrument, on
oath stated that (s)he was authorized to execute the instrument and acknowledged it as the Commission
President of CITY OF AUBURN, a Washington Municipal Corporation, to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
DATED: _ ? q 0 E;-� , 2005.
O
Page 5
NOT Y PUBLIC for the State of
Washington. My Commission
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