First Amendment  to Declaration of Covenants, Conditions and Restrictions  

Recorded Under
Pierce County Recording No. 9708290097
in Pierce County, Washington
for Wildview Ridge

This Amendment is to the Declaration of Covenants, Conditions and Restrictions recorded under Pierce County, Washington Recording No. 9708290097 (hereinafter referred to either as the “Declaration,” or as the “Covenants, Conditions and Restrictions”).  This Amendment is applicable to all of the real property subject to the Declaration, commonly known as Lots 1 through 42, inclusive, of the proposed plat of Wildview Ridge, as more fully described in said Declaration as follows:

 Parcel A of Pierce County Boundary Line Agreement, as recorded in records of Pierce County, Washington, under Auditor’s File No. 9706030375, being a part of the Southwest quarter of Section 24, Township 20 North, Range 5 East, W.M., Pierce County, Washington.

 WHEREAS, the undersigned, NOVASTAR DEVELOPMENT INC., is the owner of more than fifty‑one percent (51%) of the lots within the property subject to the Declaration, as defined in this Amendment; AND

 WHEREAS, the undersigned, NOVASTAR DEVELOPMENT INC.,  is also the Declarant as set forth in the original Covenants, Conditions and Restrictions, as recorded under Pierce County Recording No. 9708290097, and hereby consents to the amendments set forth below:

 NOW THEREFORE, the undersigned, NOVASTAR DEVELOPMENT INC., as authorized by Article 16, “General Provisions,” Section 2, “Amendment,” of the Declaration does hereby make the following amendments to the Covenants, Conditions and Restrictions.  The following amendments shall become and are hereby made a part of all conveyances of real property including all lots incorporated within and being subject to the Declaration.  The Covenants, Conditions and Restrictions, as amended by this First Amendment, shall by reference become a part of any such conveyances of lots subject to the Declaration, and shall apply to those conveyances as fully and with the same effect as if the Covenants, Conditions and Restrictions as amended were set forth in the conveyance of said lots individually.  Except as may be otherwise deleted or amended herein, all provisions of the original Declaration shall remain in full force and effect.

AMENDMENTS

 The Covenants, Conditions and Restrictions recorded under Pierce County Recording No. 9708290097 are hereby amended as set forth below:

 1.     Article 13, Section 10, “Garages,”, is hereby amended to add the following sentence:

 For purposes of this section, “garages” may include any structure constructed for the purpose of providing an enclosed shelter for vehicles, equipment, or storage, whether or not such structure is attached to the primary residence.  Any such structure detached from the main residence shall be subject to review and approval by the Committee as an accessory structure and shall be architecturally compatible with the primary residence.  Such structure shall also meet all other applicable criteria set forth in this Declaration.

 2.     Article 13, Section 12, “Landscaping Standards,” is hereby amended as follows:

 The requirement for a minimum percentage of grass lawn in the front yard area of any Lot in Wildview Ridge is hereby deleted.  This is not intended to discourage the appropriate use of grass lawn within a landscaping concept for a particular Lot.  However, grass lawn that requires extensive irrigation is discouraged.

 The foregoing amendments to the Declaration contained in this First Amendment shall: (1) for all purposes be and are hereby fully made a part of the original Covenants, Conditions and Restrictions for the Wildview Ridge Homeowners’ Association, as recorded under Pierce County Recording No. 9708290097; and (2) shall run with the land described in said Declaration, as amended, including, but not limited to, all of the lots within the properties now or hereafter subject to the Covenants, Conditions and Restrictions within Wildview Ridge, and shall be binding on all parties who are, who shall be, or who shall become, the owner of any of said lots. 

 The provisions of the Declaration, as amended by this First Amendment, are for the benefit of the current and future owners of all lots within said properties.  The Declaration, as amended by this First Amendment, is intended and designed for the purpose of keeping said lots desirable, uniform, and suitable in architectural design and use.  All property described in the Declaration shall be held, sold, and conveyed subject to the Declaration of Covenants, Conditions and Restrictions as recorded under Pierce County Recording No. 9708290097, as amended by this First Amendment.

IN WITNESS WHEREOF, we the undersigned, and the Declarant set forth in the Declaration, being also the owner of more than fifty-one percent (51%) of the lots subject to the Declaration, do hereby approve of this Amendment and set our hand and seal this               day of                                    , 1997.

                                                                           

Thomas A. Barghausen, President

Novastar Development Inc.

 

 

  I certify that I know or have satisfactory evidence that Thomas A. Barghausen signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the President of Novastar Development Inc., to be the free and voluntary act of such part for the uses and purposes mentioned in the instrument.