MEADOW SPRINGS FRONT 9 HOMEOWNERS ASSOCIATION Resolution Proposed Division of Association

Transcription

1 I MEADOW SPRINGS FRONT 9 HOMEOWNERS ASSOCIATION Resolution Proposed Division of Association WHEREAS, the owners of lots in the subdivisions of Meadow Springs Nos. 1, 2 and 3, and Fairway Five (hereinafter collectively Meadow Springs ) and all of the subdivisions in Greenbrook Park (hereinafter collectively Greenbrook Park ) are Members of the Meadow Springs Front 9 Homeowners Association (hereinafter MSF9 ); and W}{EREAS, Meadow Springs and Greenbrook Park each form a distinctive neighborhood with readily distinguishable and separate needs and characteristics; and WHEREAS, the Members in Meadow Springs and the Members in Greenbrook Park are likely to be better represented by their own separate and independent homeowners associations; WHEREAS, the Board of Directors (hereinafter the Board ) desires to ensure that all common areas in Meadow Springs and Greenbrook Park continue to be maintained; and WHEREAS, the division of MSF9 into two separate associations will require the approval of the owners to amend the respective restrictive covenants of the above-described subdivisions; NOW, THEREFORE, IT IS HEREBY RESOLVED: 1. The Amendment to the Protective Covenants of Meadow Springs No. 1, attached hereto as Exhibit A, is approved for submission to the applicable owners for their written approval. 2. The Amendment to the Protective Covenants of Meadow Springs No. 2, attached hereto as Exhibit B, is approved for submission to the applicable owners for their written approval. 3. The Amendment to the Protective Covenants of Meadow Springs No. 3, attached hereto as Exhibit C, is approved for submission to the applicable owners for their written approval. 4. The Amendment to the Declaration of Covenants, Conditions, and Restrictions for Fairway Five, attached hereto as Exhibit D, is approved for submission to the applicable owners for their written approval. 5. The Amendment to the Declaration of Covenants, Conditions, and Restrictions for Greenbrook Park, attached hereto as Exhibit E, is approved for submission to the applicable owners for their written approval. 6. The Amendment to the Covenants, Conditions, and Restrictions for Greenbrook Park No. 2, attached hereto as Exhibit F, is approved for submission to the applicable owners for their written approval. IT IS FURTHER RESOLVED THAT the division of MSF9 into two separate associations shall proceed according to the following plan, or as close as possible thereto. Resolution on Proposed Division of the Association - Page 1 of 3

2 1. Amendment Approval Process. a. Written approval forms shall be distributed to the appropriate owners by mail or by hand delivery. As is necessary to obtain sufficient approvals/disapprovals for a result, the Board may send follow-up approval forms and/or representatives of the Board may make follow up visits to the homes of Members. b. There shall be one written approval for each lot. An owner shall be deemed to have approved a proposed amendment when a form indicating approval, signed by the record owner(s) or contract purchaser(s) of the lot, has been delivered to a Director or other designated representative of MSF9. c. The approval process shall be conducted until such time as a sufficient number of approvals or disapprovals have been received to establish either the approval or rejection of the proposed division and amendments, at which time the approval process shall be deemed complete. d. For the purposes of conducting the approval process, Butterworth Law Office PLLC and its employees, agents, and assigns may contact the Members by U.S. mail, by , by telephone, and in person at the Member s residence. 2. Formation of Greenbrook Park Association (hereinafter GPA ). Upon the approval of the proposed division and the Amendment to the Declaration of Covenants, Conditions, and Restrictions for Greenbrook Park: a. MSF9 shall act as the incorporator for GPA. b. The Directors of MSF9 shall be the initial directors of GPA during the incorporation of GPA. c. The Bylaws of Meadow Springs Front 9 shall be adopted as the bylaws for GPA, subject. d. No later than forty-five (45) days after the owners owners have approved the proposed division, the Board shall complete the following actions: i. Incorporate the Greenbrook Park Association as a Washington nonprofit corporation pursuant to RCW ii. iii. Obtain a Federal Employee Identification Number for GPA. Transfer to or put in place for GPA all types of insurance policies required under its governing documents or otherwise reasonably necessary for the proper functioning of GPA. iv. Open a bank account for GPA. v. Deliver all records and documents related to the lots and other properties in Greenbrook Park to the board of directors of GPA. vi. Take all other actions reasonably necessary to ensure that GPA is filly operational at the time the above-described amendments are recorded in the records of Benton County. 3. Transition and Transfer of Common Areas. Following the completion of the incorporation of GPA and all other actions described in Paragraph 2, above, the Board shall promptly take the following actions: a. Execute and record all of the above-listed amendments. b. Execute and record the Easement and Maintenance Agreement, attached hereto as Exhibit G. Resolution on Proposed Division of the Association - Page 2 of 3

3 c. Transfer and convey by quitclaim deed all common properties owned by the Association located in Greenbrook Park to GPA. On the date of recording of the amendments and other documents as set forth in this Paragraph 3 (hereinafter the Transition Date ), the Directors of MSF9 who are owners of lots in Greenbrook Park shall immediately be deemed to have resigned from the Board, and the directors of GPA who are owners of lots in Meadow Springs shall immediately be deemed to have resigned from the board of directors of UPA. Following said resignations, replacement directors of each association may be appointed set forth in the Bylaws. 4. Allocation of Funds and Costs. The funds of MSF9 and the costs associated with the division and shall be allocated as follows: a. The costs and expenses associated with the incorporation of GPA and all other actions described in Paragraphs 2 and 3, above, that must be paid prior to the Transition Date shall be paid from the funds of MSF9. b. On the Transition Date, MSF9 shall retain all assessments for the year 2015 paid by Owners of lots in Meadow Springs 1, 2, and 3 and Fairway Five plus Five Thousand Dollars ($5,000.00), and all other funds held by MSF9 shall be transferred to GPA. ATTEST: DATED: President: Thjdn Pratt Secretary/Director: Resolution on Proposed Division of the Association - Page 3 of 3

4 LIT WHEN RECORDED RETURN TO: Eric M. Butterworth Butterworth Law Office PLLC P.O. Box 7342 Kennewick, WA Telephone (509) AMENDMENT TO PROTECTI E COVENANTS OF MEADOW SPRINGS NO. 1 Grantor Grantee: Meadow Springs Front 9 Homeowners Association The public THIS AMENDMENT to the Protective Covenants of Meadow Springs No 1 ( the Covenants ) is made pursuant to Article 12, Section 3 of said Covenants, as amended The Covenants were recorded May 28, 1971, under Auditor s File No , records of Benton County, Washington, and an amendment to the Covenants was recorded November 10, 1971 under Auditor s File No , records of Benton County, Washington The undersigned President and Secretary of the Board of Directors of the Meadow Springs Front 9 Homeowners Association ( the Association ), the successor-in-interest to the Meadow springs Homeowners Association, hereby attest that the following amendments were properly adopted and appro c ed m writing by at least seventy-five percent (75%) of the owners in the following subdivisions Meadow Sprin~s No 3, Greenbrook Park, and Fairway Five Said subdivisions constitute all of the real property described in Article 12, Section 3 of the Covenants which is subject to the Association. The amendments were approved by the owners in writing but without a meeting, the evidence of which is available in the records of the Association. The owners have adopted the following amendments: 1. Article VI, Section 4, entitled Common Properties Described is deleted in its entirety. Amendment to Protective Covenants for Meadow Springs No. 1 Page 1 of3

5 2. That document entitled Schedule A attached to the Covenants shall be deleted in its entirety, and the following Exhibit A shall be deemed to be attached to the Covenants: EXHIBIT A Lot I, Block 1; Lots 1 through 11, Block 3; and Lots 1 through 33, Block 2 of Meadow Springs No. 1, according to the Plat thereof as recordedin Volume 8 of Plats, Page 132, records of Benton County, Washington. / Lots 1 through 3, Block 1 and Lots I through 9, Bloók 2bf Meadow Springs No. 2, according to the Plat thereof as recorded invoiume 8 of Plats, Page 141, records of Benton County, Washington. / Lots 1 through 9, Block 1 and Lots 1 tl*oiigh 4, Block 2 of Meadow Springs No. 3, according to the Plat thereof as recorded in Volume 8 of Plats, Page 173, records of Benton County, Washington These Amendments shall take effect when they have been recorded with the Auditor of Benton County. DATED this day of, 2Q MEADOW SPRINGS FRONT 9 HOMEOWNERS ASSOCIATION By: Justin Pratt, President By: Secretary Amendment to Protective Covenants for Meadow Springs No. I Page 2 of 3

6 STATE OF WASHINGTON } } ss. COUNTY OF BENTON } I certify that I know or have satisfactory evidence that Justin Pratt 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 acknowledged it as the President of Meadow Springs Front 9 Homeowners Association to be the/free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this day of, 20_ Name: Notar~tPüb1icin and for State of Washington, Residinj at / / My appointment expires STATE OF WASHINGTON } } ss COUNTY OF BENTON } I certify that I know or have satisfactory evidence that is the person who appeared before me, and said ~rson acknowledged that he signed this instrument, on oath stated that he was authorized to execute t~he instrument and acknowledged it as the Secretary of Meadow Springs Front 9 Homeowners Association to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument DATED this day of,20 Name: Notary Public in and for State of Washington, Residing at My appointment expires: Amendment to Protective Covenants for Meadow Springs No. I Page 3 of 3

7 ~!IT WHEN RECORDED RETURN TO: Eric M. Butterworth Butterworth Law Office PLLC P.O. Box 7342 Kennewick, WA Telephone (509) AMENDMENT TO PROTECTIVE COVENANTS OF MEADOW SPRINGS NO.2 Grantor: Grantee: Meadow Springs Front 9 HomeownersAssociation The public THIS AMENDMENT to the Protective Covenants of Meadow Springs No 2 ( the Covenants ) is made pursuant to Article 12, Section 3 of said Covenants The Covenants were recorded October 21, 1971, under Auditor s File No , records of Benton County, Washington The undersigned President pnd Secretary of the Meadow Springs Front 9 Homeowners Association ( the Association ), the successor-in-interest to the Meadow springs Homeowners N- Association, hereby attest that the1followmg amendments were properly adopted and approved in writing by at least seventy-five percent (75%) of the owners in the following subdivisions Meadow Springs No 3, Greenbrook Park, and Fairway Five Said subdivisions constitute all of the real properiy both subject to the Association and described in that Schedule A attached to the restrictive covenants for Meadow Springs No. 1 recorded November 10, 1971 under Auditor s File No , records of Benton County, Washington. The amendments were approved by the owners in writing but without a meeting, the evidence of which is available in the records of the Association. The owners have adopted the following amendments: 1. Article VI, Section 4, entitled Common Properties Described is deleted in its entirety. 2. The following Exhibit A shall be deemed to be attached to the Covenants: Amendment to Protective Covenants for Meadow Springs No. 2 Page 1 of3

8 EXHIBIT A Lot 1, Block 1; Lots 1 through 11, Block 3; and Lots 1 through 33, Block 2 of Meadow Springs No. 1, according to the Plat thereof as recorded in Volume 8 of Plats, Page 132, records of Benton County, Washington. Lots 1 through 3, Block I and Lots 1 through 9, Block 2 of Meadow Springs No. 2, according to the Plat thereof as recorded in Volume 8 of Plats, Page 141, records of Benton County, Washington. Lots 1 through 9, Block 1 and Lots 1 through 4, Block 2 of Meadow Springs No. 3, according to the Plat thereof as recorded in Volume 8 of Plats, Page 173, records of Benton County, Washington. These Amendments shall take effect when they have been recorded with the Auditor of Benton County. N, / DATED this day of, 20 MEADOW SPRINGS FRONT 9 HOMEOWNERS ASSOCL4TION Justin Pratt, President By: Secretary Amendment to Protective Covenants for Meadow Springs No. 2 Page 2 of 3

9 STATE OF WASHINGTON } } ss. COUNTY OF BENTON } I certify that I know or have satisfactory evidence that Justin Pratt 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 acknowledged it as the President of Meadow Springs Front 9 Homeowners Association to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this day of, 2O~. Nthne~ Notary Public in and for State of Washington, Residing at My appointment expires STATE OF WASHINGTON } COUNTY OFBENTON } I certify that I know or have satisfactory evidence that 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 acknowledged it as the Secretary of Meadow Springs Front 9 Homeowners AssOciation to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this dayof, 20_ Name: Notary Public in and for State of Washington, Residing at My appointment expires: Amendment to Protective Covenants for Meadow Springs No. 2 Page 3 of 3

10 rit WHEN RECORDED RETURN TO: Eric M. Butterworth Butterworth Law Office PLLC P.O. Box 7342 Kennewick, WA Telephone (509) Giantor Grantee: AMENDMENT TO PROTEC1 VE~ COVENANTS OF MEADOW SPRINGS Nd 3 / / Meadow Springs Front 9 Homeowneis Association The public THIS AMENDMENT to the Pràtective Covenanfs of Meadow Springs No. 3 ( the Covenants ) is made pursuant to Article 12, Section 3 of said Covenants The Covenants were recorded February 7, 1973, under Auditor s File No , records of Benton County, Washington The undersigned President and Secretary of the Meadow Springs Front 9 Homeowners Association ( the Association ), the successor-in-interest to the Meadow springs Homeowners Association, hereby attest that the following amendments were properly adopted and approved in writing by at least seventy-five percent (75%) of the owners in the following subdivisions Meadow Springs No 3, Greenbrook Park, and Fairway Five Said subdivisions constitute all of the real property both subject to the Association and described in that Schedule A attached to the restrictive covenahts for Meàddw Springs No. 1 recorded November 10, 1971 under Auditor s File No , records of Benton County, Washington. The amendments were approved by the owners in writing but without a meeting, the evidence of which is available in the records of the Association. The owners have adopted the following amendments: 1. Article VI, Section 4, entitled Common Properties Described is deleted in its entirety. 2. The following Exhibit A shall be deemed to be attached to the Covenants: Amendment to Protective Covenants for Meadow Springs No. 3 Page 1 of3

11 EXHIBIT A Lot 1, Block 1; Lots 1 through 11, Block 3; and Lots 1 through 33, Block 2 of Meadow Springs No. 1, according to the Plat thereof as recorded in Volume 8 of Plats, Page 132, records of Benton County, Washington. Lots 1 through 3, Block 1 and Lots 1 through 9, Block 2 of Meadow Springs No. 2, according to the Plat thereof as recorded in Volume 8 of Plats, Page 141, records of Benton County, Washington. Lots 1 through 9, Block 1 and Lots 1 through 4, Block 2of Meadow Springs No. 3, according to the Plat thereof as recorded in Volürne8ofPlats, Page 173, records of Benton County, Washington. These Amendments shall take effect when th6y have been recorded with the Auditor of Benton County. DATED this day of, 20 MEADOW SPRINGS FRONT 9 HOMEOWNERS ASSOCIATION *By~ Justin Pratt, President N By: Secretary Amendment to Protective Covenants for Meadow Springs No. 3 Page 2 of 3

12 STATE OF WASHiNGTON } } ss. COUI JTYOFBENTON } I certify that I know or have satisfactory evidence that Justin Pratt 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 acknowledged it as the President of Meadow Springs Front 9 Homeowners Association to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this day of, 20 N / Name: Notary Public in and for State of Washington, Residing at My appointment expires: STATE OF WASHINGTON } } ss COUNTY OF BENTON } I certify that I know or have satisfactory evidence that is the person who appeared before me, and said peison acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Secretary of Meadow Springs Front 9 Homeowners Association to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this day of, 20 Name: Notary Public in and for State of Washington, Residing at My appointment expires: Amendment to Protective Covenants for Meadow Springs No. 3 Page 3 of 3

13 E1T WHEN RECORDED RETURN TO: Butterworth Law Office PLLC P.O. Box 7342 Kennewick, WA Telephone (509) AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FAIRWAY FIVE PARK Grantors: Meadow Springs Front 9 Homeowners Association Grantee: The public / THIS AMENDMENT to the Declaration of Covenants, conditions and Restrictions for Fairway Five Park ( the Declaration ) is made pursuant to Article XIV, Section 3 of the Declaration The Declaration was recorded February 8, 1972, Under Auditor sfiieno , records of Benton County, Washington. This Amendment shall be effective upon recording in the records of Benton County, Washington The undersigned Members of the Board of Directors of the Meadow Springs Front 9 Homeowners Association (the successor in interest to the Meadow Springs Home Owner s Association named in the Declaration) hereby attest that the following amendments were properly adopted and approved in writing by at least seventy-five percent (75%) of the owners of the lots in Fairway Five The amendments were approved by the owners in writing but without a meeting, the evidence of which shall be available at the office of the Meadow Springs Front 9 Homeowners Association The owners have adopted the following amendments (with deletions denoted by strikethrough and additions denoted by underline) 1 Article VI, Section 4, entitled Common Properties Described is deleted in its entirety. DATED this day of, 20 / MEADOW SPRINGS FRONT 9 HOMEOWNERS ASSOCIATION By: Justin Pratt, President Amendment to Declaration of Covenants for Fairway Five Page 1 of2 By: Secretary

14 STATE OF WASHiNGTON } } ss. COUNTY OF BENTON } I certify that I bow or have satisfactory evidence that Justin Pratt 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 acknowledged it as the President of Meadow Springs Front 9 Homeowners Association to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this day of Name Notary Public in and for State of Washington, Residing at My appointment expires STATE OF WASHINGTON } }ss~ * COUNTY OFBENTON } I certify that I know or have satisfactory evidence that 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 acknowledged it as the Secretary of Meadow Springs Front 9 Homeowners Association to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument DATED this N ~/ day of,20 Name: Notary Public in and for State of Washington, Residing at My appointment expires: Amendment to Declaration of Covenants for Fairway Five Page 2 of2

15 CAflIDIi WHEN RECORDED RETURN TO: Butterworth Law Office PLLC P.O. Box 7342 Kennewick, WA Telephone (509) AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GREENBROOI( PARK Grantors Greenbrook Park Association Grantee The public / THIS AMENDMENT to the Declaration of Covenant~, Conditions and Restrictions for Greenbrook Park ( the Declaration ) is made pursuant to Article XIV, Section 3 of the Declaration, as amended The Declaration was recorded July 6, 1971, under Auditor s File No , records of Benton County, Washington, and an amendment to the Declaration was recorded November 10, 1971 under Auditor s File No , records of Benton County, Washington This Amendment shall be effective upon recording in the records of Benton County, Washington The undersigned Directors of the Grecnbrook Park Association (the successor in interest to the Meadow Springs Home Owner s Association named in the Declaration) hereby attest that the following amendments were properly adopted and approved in writing by at least seventy-five percent (75%) of the owners of the lots in Green Brook Park The amendments were approved by the owners in writing but without a meeting, the evidence of which shall be available at the office of the Greenbrook Park Association. The owners have adopted the following amendments (with deletions denoted by strikethrough and additions denoted by underline): 1. Article I, Section 1 shall be amended as follows: Section 1 Association shall mean and refer to Meado~ Spnngs Home O~ner s ~m~ociation Greenbrook Park Association, its successors and assigns. 2. Article VI, Section 4 shall be amended as follows: Section 4. Common Properties Described. The common properties referred to herein are more particularly described as follows: Blocks 2 an44, Green Brook Park, as recorded in Volume 8 of plats, page 133, records of Benton County, Washington. Amendment to Declaration of Covenants for Green Brook Park Page 1 of3

16 That portion of tract B Meadow Springs No. 1, in Volume 8 of plats, page 133, records of Benton County, Washington, lying westerly of the easterly line of the U.S.B.R. drainage right of way over and across said tract. DATED this day of,20 GREENBROOK PARK ASSOCIATION By~ Director By: N. Director Amendment to Declaration of Covenants for Green Brook Park Page 2 of 3

17 STATE OF WASHINGTON } COIJNTYOFBENTON }ss. } I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as a Director of Greenbrook Park Association to be the free and voluntary act of such party for the uses and purposes mentioned inthe\instrumeñt. DATED this day of, 20 Name: Notary Public in and for State of Washington, Residing at My appointment expires STATE OF WASHINGTON } } ss COUNTY OF BENTON } I certif3r that I know or have satisfactory evidence that is the person who apjeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authonzed to execute the instrument and acknowledged it as a Qirector of Greenbrook Park Association to be the free and voluntary act of such party for the uses and purpo~es mentioned in the instrument. DATED this day of, 20 Amendment to Declaration of Covenants for Green Brook Park Page 3 of 3 Name: Notary Public in and for State of Washington, Residing at My appointment expires:

18 WHEN RECORDED RETURN TO: Butterworth Law Office PLLC P.O. Box 7342 Kennewick, WA Telephone (509) AMENDMENT TO COVENANTS, CONDITIONS AND RESTRICTIONS FOR GREENBROOKPARK NO.2 Grantors: Greenbrook Park #2 Homeowners Association Grantee: The public THIS AMENDMENT to the Covenants, Conditions andrestrictions for Greenbrook Park No. 2 ( the Covenants ) is made pursuant to Article XIV, Section 3 of the Covenants, as amended The Covenants were recorded March11, 1974, under Auditor s File No , records of Benton County, Washington, and an amendment to the Covenants was recorded January 15, 1975 under Auditor s File No , records of Benton County, Washington This Amendment shall be effective upon recording in the records ofbenton County, Washington. The undersigned Directors of the Greenbrook Park #2 Homeowners Association hereby attest that the following amendments were properly adopted and approved in writing by at least seventy-five percent (75%) of the owners of the lots m Green Brook Park No 2 The amendments were approved by the o~vners in writmg but without a meeting, the evidence of which shall be available at the office of the Greenbrook Park Homeowners Assoct~ion The owners have adopted the following amendments (with deletions denoted by strikethrough and additions denoted by underline) 1 Article I, Section 1 shall be amended as follows Section 1 Association shall mean and refer to Meadow Springs Home Owner s Association Greenbrook Park #2 Homeowners Association, its successors and assigns. DATED this day of I, 20 GREENBROOK PARK #2 HOMEOWNERS ASSOCIATION By:,Director Amendment to Declaration of Covenants for Greenbrook Park No. 2 Page 1 of2 By: Director

19 STATE OF WASHINGTON } } ss. COUNTY OF BENTON } I certif~ that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as a Director of Greenbrook Park #2 Homeowners Association to be the free and voluntary act of such party for the uses and purposes mentiç ned in the instrument. DATED this day of, 20_ Name: Notary Public in a~d for State of Washington, Residing at My appointment expires STATE OF WASHINGTON } } ss COUNTY OF BENTON } I certify that I knbw or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as a Director of Greenbrook Park #2 Homeowners Association to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this Utayo~f, 20 Amendment to Declaration of Covenants for Greenbrook Park No. 2 Page 2 of 2 Name: Notary Public in and for State of Washington, Residing at My appointment expires:

20 IJJT WHEN RECORDED RETURN TO: Butterworth Law Office PLLC P0 Box 7342 Kennewick WA (509) GRANTOR: GRANTEES: MEADOW SPRINGS FflT~9 HOMEOW~rERS ASSOCIATION GREENBROOK park: ASSOCIATION Short Legal Descriptions: / Tax Parcel Numbers: MAINTENANCE AGREEMENT RECITALS WHEREAS, MEADOW SPRINGS FRONT 9 HOMEOWNERS ASSOCIATION landscapes and mamtams a median and two landscapmg strips, collectively known as the Entranceway, and W~IEREAS, MEADOW SPRiNGS FRONT 9 HOMEOWNERS ASSOCIATION is dividing into two separate and independent associations, leading to the creation of the GREENBROOK PARK HOMEOWNERS ASSOCIATION; and ~ to 1±e terms of the aforesaid division, it is the intent of both associations that MEADOWSPRP GS FRONT 9 HOMEOWNERS ASSOCIATION continue to maintain the Entranceway~ / / NOW, therefore, the parties enter into the following Maintenance Agreement for the purpose of maintaining the Entranceway. AGREEMENT In consideration of the mutual promises made pursuant to the aforementioned division, MEADOW SPRINGS FRONT 9 HOMEOWNERS ASSOCIATION, as Grantor, hereby covenants Maintenance Agreement - 1

21 and promises to GREENBROOK PARK ASSOCIATION, as Grantee, that Grantor shall maintain and keep the Entranceway according to the terms of this Agreement. Grantor and Grantee hereby further declare and agree as follows: 1. Description of Entranceway. The Entranceway includes the following real property: a. The median on the portion of the public right of way known as Greenbrook Boulevard between Leslie Road and Shéridan Place. b. The two landscaping strips runniit~gpârallel to said median and bordering the above-described portion ofgreenbrook Boulevard on its north and south boundaries. / 2 Grantor s Property The following real property is subject to Grantor s authority Lot 1, Block 1; Lots 1 through 1 1,Blôck 3; and Lots ithrough 33, Block 2 of Meadow Springs No 1, according to the Plat thereof as recorded in Volume 8 of Plats, Page 132, records of Benton County, Washington Lots 1 through 3, Block 1 an4 Lots 1 through 9, Block 2 of Meadow Springs No 2, according to the Plat thereof as recorded in Volume 8 of Plats, Page 141, records of Benton County, Washmgton Lots 1 through 9, Block 1 and Lots 1 through 4, Block 2 of Meadow Springs No 3, according to the Plat thereof as recorded in Volume 8 of Plats, Page 173, records of Benton County, Washmgton Lots 1 through 4, Lots 6through 9, and Lots 11 through 14 of Fairway Five, according to the Plat thereof recorded in Volume 8, page 143 of Plats, records of Benton County, Washington. 3. Grantee s Property. The following real property is subject to Grantee s authority: Lots 1 through 9, Block 1, Plat of Green Brook Park, according the Plat thereof as recorded in Volume 8, Page 133 of Plats, records of Benton County. 4. Binding Covenants. This Agreement shall perpetually run with the land and shall be binding upon all subsequent owners thereof, and shall inure to the benefit of Grantees Maintenance Agreement - 2

22 and their heirs, successors, andlor assigns. 5. Maintenance. Grantor shall keep and maintain, at Grantor s expense, the Entranceway in a neat, attractive, and safe condition. Grantor shall not allow trash, rubbish, garbage, or unsightly weeds and undergrowth to accumulate on the Entranceway. 6. Division of Expenses. Payment of all expenses incurred for maintenance of the Entranceway shall made by Grantor. 7 Attorney s Fees/Court Costs The prevailmg party in any action to enforce or defend the terms of this Agreement shall be awarded their reasonable attorney fees and all costs of litigation. Prevailing party status sh~il be determined at a post-trial hearing at which time the Court shall consider the pre-trial written offers in relation to the ultimate decision of the Court. IN WITNESS WHEREOF, the said Gtantors and Grantees have executed this instrument on the date(s) specified below. MEADOW SPRINGS FRONT 9 HOMEOwNERS ASSOCIATION By Jusiin Pratt, President Date GREENBROOK PARK ASSOCIATION By: Director Date: Maintenance Agreement - 3

23 STATE OF WASHINGTON } } COUNTY OF } I certi~ that I know or have satisfactory evidence that JUSTIN PRATT is the persons who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the President of MEADOW SPRINGS FRONT 9 HOMEOWNERS ASSOCIATION to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this day of, 20. Nam& Notary Public th and for the State of Washington, residing in My appointment expires J / STATE OF WASHINGTON } } ss COUNTY OF } I certify that I know or have satisfactory evidence that is the persons who appeai~e.d before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as a Director of GREENBROOK PARK ASSOCIATION to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this day of, 2Q. Maintenance Agreement - 4 Name: Notary Public in and for the State of Washington, residing in My appointment expires: