File #: 2008-0427    Version: 1
Type: Motion Status: Passed
File created: 8/25/2008 In control: Growth Management and Natural Resources Committee
On agenda: Final action: 9/22/2008
Enactment date: Enactment #: 12850
Title: A MOTION authorizing amendments to restrictive covenants and conditions recorded under file number 8507170958, as requested by the Nicholson Place Homeowner's Association.
Sponsors: Pete von Reichbauer
Attachments: 1. 12850.pdf, 2. 2008-0427 Staff report (9-09).doc, 3. A. Amendment No 1 to Declararation of Nicholson Place, Phase I Restrictive Covenants and Conditions, 4. B. Amendment No. 2 to Declaration of Nicholson Place, Phase I Restrictive Covenants and Conditions
Drafter
Clerk 08/05/2008
Title
A MOTION authorizing amendments to restrictive covenants and conditions recorded under file number 8507170958, as requested by the Nicholson Place Homeowner's Association.
Body
      WHEREAS, a Declaration of Nicholson Place, Restrictive Covenants and Conditions ("RC&Cs"), was recorded with the King County recorder's office on July 17, 1985, under recorder's file number 8507170958, and
      WHEREAS, Articles 9.1 and 9.3 of the RC&Cs provide that the RC&Cs may be amended upon the written consent of at least seventy-five percent of the owners and "the consent of the King County Council," and
      WHEREAS, Article VI of the RC&Cs provide that a nonprofit corporation having powers and obligations under the RC&Cs would be organized, and the Nicholson Place Homeowner's Association ("Nicholson Place HOA"), a Washington nonprofit corporation, warrants and represents that it is the association subject to the RC&Cs, and
      WHEREAS, the Nicholson Place HOA warrants and represents that it has collected the written consent of at least seventy-five percent of the owners for an amendment to Article 5.4 of the RC&Cs; this amendment is Attachment A to this motion, and
      WHEREAS, the Nicholson Place HOA warrants and represents that is collecting the written consent of at least seventy-five percent of the owners for an amendment to Articles 9.1 and 9.3 of the RC&Cs; this amendment is Attachment B to this motion, and
      WHEREAS, the King County council does not desire to have its consent required for future amendments to the RC&Cs and consents to deletion of any requirement that the King County council provide its consent to an amendment to the RC&Cs; and
      NOW, THEREFORE, BE IT MOVED by the Council of King County:
      The amendments to Article 5.4 and Articles 9.1 and 9.3 of RC&Cs, recorded under file 8507170958, are hereby approved as provided in Attachments A and B to this motion; and
 
      The King County council hereby consents to deletion of any requirement that the King County council provide its consent to an amendment to the RC&Cs.