2008-028468 ~ 9852 & 9868 SW 74th Avenue
Washington County, Oregon
' 03131/2 3:01:20 PM 2~~8-28468
D-R/SAA CM=1 Stn=16 D HOFFMAN
$45.00 $5.00 $11.00 - Total = $61.00
Lo I
AFTER RECORDING RETURN TO: 01233736200800284680090091
i, Richard Hobemicht, Dl rector of Assessment and .r .
Jordan Schrader Ramis PC Taxation and Ex-Officio County Clerk for Washington
County, Oregon, do hereby certify that the within
PO Box 230669 instrument of writing was received and recorded in the • book of records of
:aid cou i~. iii-l /1M-G~1~'
Portland OR 972E 1 Richard Hobemlht, Director olASseument and
(50014-36792 - JLD) Taxation, Ex-Offlclo County Clerk
This space is reserved for recorder's use.
FIRST AMENDMENT TO DECLARATION
OF CONDITIONS AND COVENANTS APPLICABLE
y~ TO ASH CREEK ESTATES
J - This FIRST AMENDMENT TO DECLARATION OF CONDITIONS AND
COVENANTS APPLICABLE TO ASH CREEK ESTATES (the "First Amendment"),
dated this 12 day of lW cN , 2000 (the "Effective Date"), is entered into: by and
between ASH CREEK PROPERTIES, LLC, an Oregon limited liability company
("Declarant") and the undersigned owners (collectively, the "Owners") of Lots in Ash
O Creek Estates. The legal description for Ash Creek Estates is attached hereto as Exhibit A.
' Z RECITALS
A. Declarant executed and recorded on June 28, 2007 as Document No. 2007-
Q 072138 in the records of Washington County, Oregon, that certain Declaration of
{L Restrictions, Conditions and Covenants Applicable to Ash Creek Estates (the
"Declaration"). Capitalized terms used but not defined herein shall have the meanings set
forth in the Declaration.
B. Declarant and the Owners have agreed to release Lots 28 and 29 from the
Declaration, and to convey Tract A to the City of Tigard, Oregon.
C. As of the Effective Date, Declarant and the Owners own 29 Lots in Ash
Creek Estates, and Declarant owns Tract A.
D. Declarant and the Owners wish to amend the Declaration as set forth in this
First Amendment.
Page 1 - FIRST AMENDMENT 5()0j,'- 3()792 Ash ('rcek ('CR Amendd>c c 3112008
AGREEMENT
NOW THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Declarant and the Owners hereby agree to
amend the Declaration as set forth below:
1. Lots 28 and 29. Lots 28 and 29 are hereby fully released from the
Declaration. There are no unpaid assessments against Lots 28 and 29 as of the Effective
Date, and no assessments shall hereafter be levied against such Lots. All references to
Lots 28 and 29 in the Declaration are hereby deleted. All calculations for assessments
made pursuant to the Declaration shall be made as if Lots 28 and 29 were never included in
the Declaration.
2. Tract A. The Owners and Declarant hereby acknowledge and consent to the
conveyance of Tract A by Declarant to the City of Tigard, Oregon. While consent or
approval of the Owners is not required for any such conveyance, the Owners in this case
wished to document their approval.
3. Amendment. Owners and Declarant represent that, as of the Effective Date,
they collectively hold at least seventy-five percent (75%) of the total votes in Ash Creek
Estates.
4. Full Force and Effect. The Declaration, as modified by this First
Amendment, is hereby ratified and affirmed and shall continue in full force and effect.
[Signature page follows]
Page 2 - FIRST AMENDMENT 30014-3679212;x63 (2).dac G 3 11 2008
IN WITNESS WHEREOF, the parties have executed this First Amendment to be
effective as of the Effective Date.
DECLARANT: OWNERS:
ASH CREEK PROPERTIES, LLC, an LOTS 1, 4, 5, 9. 10, 11, 12, 13, 14, 19, 22, 23, 26
Oregon limited liability company and 27
ASH CREEK PROPERTIES, LLC
By: _
Name: By: - "
Its: Name:
Its: h,.:T~.., Y' fr
J
LOTS 3, 7, 8, 16, 17 and 25
WINDWOOD CONSTRUCTION, INC.
By•
Name: - ~r 'r
Its:
LOT 24
VERDE ASH CREEK, LLC
By. _
Name:
Its:
LOTS 28 and 29
CITY OF TIG
By:
Name: ca
Its:
[Notary Blocks on following pages]
Page 3 - FIRST AMENDMENT 50014-30792127863 (2).docG3 112008
STATE OF OREGON )
ss.
County of z . iSr l 4 ; )
~
This instrument was acknowledged before me on yib'j f
~ l ~ , 2008, by
o !431)ci(PI-Vi
i is , as Mc sj ; d. J of Ash Creek Properties, LLC, an Oregon
limited liability company. /
NOTARY PUBLIC FOR OREGON
AREEERA(1AASTON
9NO MyCommission Expires: IZ' TARY PUBUC-0REOON
COMMISSION N0.421286
MY COMMISSION EXPIRES OCT. 10, 2011
STATE OF OREGON )
) ss.
County of
This instrument was acknowledged before me on 2008, by
as 't'r"c of Windwood Construction, Inc., an Oregon
company.
i ~
~I'°'~ SEAS NOTARY PUBLIC FOR OREGON
GWEERA GIA$TON
NOTARY PUBLIC-OREC30N My Commission Expires: _1.G t f
COMMISSION N0.421286
MY COMMISSION EXPIRES OC7 10, 2011
STATE OF OREGON )
ss.
County of i ~Li ;,v ; 6 j )
This instrument was acknowledged before me on 0i f f ft~ I
2008,
by , as of Verde Ash Creek, LLC, an Oregon limited
liability company. f
VocIAL:: NOTARY PUBLIC FOR OREGON
OREERA GN My Commission Expires: !C , i' . ' c l
NOTARY PUBLIGON
COMMISSION N0.42126
MY COMMISSION EXPIRES OCT. 10, 2011
Page 4 - FIRST AMENDMENT 50014-36792 127863 (2).doc~Q-3d112008
STATE OF OREGON )
ss
County of lyeTUN ) .
This instrument was acknowledged before me on XIA<(H 1 Z , 2008, by
C~~IC- Tr'-C- K- , as ~,'AN Ek of the City of Tigard, an Oregon municipal
corporation.
NOT RY PUBL FOR OREGON
My Commission Expires: ,21k t7
OFFICIAL SEAL
J BEIIGTSON
NOTARY P1J31 !C-OREGON
COMMISS!' '.;0.413772
MY COMMISSION [),P -:_S APR. 27, 2011
Page 5 - FIRST AMENDMENT -50014-367172 127863 (2).doc',G'311 2008
EXHIBIT A
Legal Description of Ash Creek Estates
PLAT OF ASH CREEK ESTATES, RECORDED AS DOCUMENT NO. 2007072138,
WASHINGTON COUNTY, OREGON, AS CORRECTED BY AFFIDAVIT OF
CORRECTION, RECORDED AS DOCUMENT NO. 2007-094547, WASHINGTON
COUNTY, OREGON.
i
Page 6 - FIRST AMENDMENT 50014-30791 127R63 (2).doc G 3111008
ASH CREEK ESTATES OWNERSHIP INFORMATION
LOTS I - 29
LOT NUMBER OWNER DATE OF PURCHASE
Seller
1 ASH CREEK
PROPERTIES, LLC
2 GOODLETT MARSHALL 8/14/2007
BUILDING AND
DEVELOPMENT
COMPANY
3 WINDWOOD 7/27/2007
CONSTRUCTION, INC.
ASH CREEK
4 PROPERTIES, LLC Seller
5 ASH CREEK Seller
PROPERTIES, LLC
6 GOODLETT MARSHALL 08/14/2007
BUILDING AND
DEVELOPMENT
COMPANY
7 WINDWOOD 10/25/2007
CONSTRUCTION, INC.
8 WINDWOOD 07/27/2007
CONSTRUCTION, INC.
9 ASH CREEK Seller
PROPERTIES, LLC
10 ASH CREEK Seller
PROPERTIES, LLC
11 ASH CREEK Seller
PROPERTIES, LLC
12 ASH CREEK Seller
PROPERTIES, LLC
13 ASH CREEK Seller
PROPERTIES, LLC
14 ASH CREEK Seller
PROPERTIES, LLC
50014-36792 127087 (2).doc',c 3.'11 2008
15 JAMES O. LEET AND 7/18/07
SALLY CRAIG
16 WINDOOD 7/27/07
CONSTRUCTION, INC.
17 WINDOOD 7/27/07
CONSTRUCTION, INC.
18 DARYL & JULIE 07/12/2007
RETZLAFF
19 ASH CREEK Seller
PROPERTIES, LLC
20 GOODLETT MARSHALL 11/15/07
BUILDING AND
DEVELOPMENT
COMPANY
21 GOODLETT MARSHALL 11/15/07
BUILDING AND
DEVELOPMENT
COMPANY
22 ASH CREEK Seller
PROPERTIES, LLC
23 ASH CREEK Seller
PROPERTIES, LLC
24
VERDE ASH CREEK, LLC 11/01/2007
25 WINDWOOD 07/27/2007
CONSTRUCTION, INC.
26
ASH CREEK Seller
PROPERTIES, LLC
27
ASH CREEK Seller
PROPERTIES, LLC
28 CITY OF TIGARD 07/24/2007
29 CITY OF TIGARD 07/24/2007
50014-36792 127087 (2).doc'G3 11 2008
Notes:
1. Windwood Construction and Verde Ash Creek, LLC are owned by Ash Creek
Properties, LLC, developer Dale Richards. Lots 1, 3-5, 7-14, 16, 17, 19, 22-
27, are all owned by Mr. Richards.
2. Each lot owns 3.45% of the total ownership.
3. Dale Richards Declarant owns 21 lots including all in the names referenced in
Note 1 above. City of Tigard owns Lots 28 and 29. Declarant/owner and
City of Tigard own 23 lots together, totaling 79.3%, enough to amend CCRs
per the ORS.
50014-36792 127087 (2).doc''G 3 11;211118