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Emerald Hills CCRs (2).pdf....___.......... ..._ __ _ __ f:`�Si.il2ALP ULLLS PLANNED PINK DEVELOPMENT 2121772 ucorded Januaxy l DECLAUTION 197 OF COVENANTS, CONDITIONS AND RESTRICTIONS l i.. ITIS DECLARATION, made on the date hereinafter set forth by RAY ANDERSO , thereinafter referred to as "Declarant," WITNESSETH THEREAS, Declarant is the owner of certain property in the County of. Snohomish, State oF Washington, which is More Particularly described as That Portion of Northeast quarter of Southeast quarter of Section 24, 'Township Q 7 North, i:ange 3 East, :1°.` . , EXCEPT the South and the .;est 50 feet its .conveyed to Snohomish Count • W County, asIainnton, for roads by :. deeds recorded under abdi.tor's file Nos. 488944 and 574525, and EXCEPT portion conveyed •to City'ol'`Edmonds for road Puposes by Quit Claim Beed recorded under auditor's • file No. 1660269. and EXCEPT portions lying within the plats of. leadowdale Village N s_ 3 and No. 4, according to M at,thereof recorded in volume 22 of plats, page 93, and volume 25 of plats, page 4S, respectively. Situat& in Snohomish County, dsnington. The above description. embraces an :area of 25.33 acres, more or less. AND WHEREAS, Declarant will convey the said properties, subject to certainProtective covehaants, conditions, restrictions, reservations, lien! and charges as bcreinaEter set forth; N'0`- THEREFORE, Declarant hereby declares that all of the properties - described above shall be held, 'sold, and .conveyed subject. to the following easements, restrictions, covenants, and conditions, all of which arc for the purpose of enhancing and protecting the value, desirability, and attractiveness -of the real property. These easements, covenants, resrrictions, and conditions shall .run with the real property and shall be binding; on all parties having or acquiring any right, title or interest in the described properties or any part thereoC, and shall inure to the Benefit of: each owner thereof. ARTI CLI, [ DEFINITIONS Section 1. ."_�ssociatidp7i shall mean and refer to EMERALD HILLS HOME- f�filVf.;it� : �TC'f`Ih)1f, INC. , its successors and assigns. SectionZ ''!'roperU01 shall mean and refer to that certain real property ere ihhefore described, and such additions thereto as may here- after be' brought within the jurisdiction of . the Association. Section 3. "wmmon Area" shall mean all real property owned by the Assoclatlon or the common use and enjoyment of the members of the Assoc- iation. Section 4. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the properties with the exception of the Common Area. 9 772 Section S. "Member" -shall mean and refer to every person or entity 4 who holus mem ership in the Association. Section 6, "Owner" shall mean and refer to the FecorA owner, wheth.q one or smore persons or entities, of a fee simple title to any Lot whiciir.0 a part of the Properties, except that purchasers under a real estate. contract shall be deemed the "owner", as against the contract seller. Those having an interest merely -as security for the performance of an _ obligation shall not be deemed an -"owner" as herein provided. Section 7. "Declarant" shall mean anti refer to RAYMOND.A. ANlliaRS.ON, his successors and/or assigns, Section 8. "General Pian" shall mean and contain: (1) a general indicati n o size and location of additional development stages and pro- posed land uses in each; (2) the approximate size and location of common properties proposed; (3) the general nature of proposed common facilities .and improvements.. ARTICLE 11 ANNEXATION qI= ADD-ITIO1fAL PROPERTIES Annexation of additional property shill require the assent of two- hirds (2/3) of the members at a meeting duly called for this purpose., written notice of which shall be sent to all members not less than 30 days nor more than 60 clays in advance of the meeting setting forth the purpose of the .meeting. The presence of members or of proxies entitled to cast sixty percent (60t) of the votes of the 'membership shall con-' stitute. a quorum. If the required quorum is not forthcomingoat any . melting, another meeting may be called, subject to the notice require - men! set forth above, and the required quorum at such subsequent ;meeting shall be one-half of the required quorum of the preceding meetin such subsequent meeting shall be held more than 60 clays following.theo preceding meeting, In the event that two-thirds (2/3) of the :membership. are not present in person o -r by proxy, members not present mazy dive their written assent to the action taken thereat. ARTi CLI: I I I E1,4BERSIll P Every ,_person' or intity who is an. 4 her o f ,record of any lot w rich is subject by covenants of record to assessment by the Association, shall be a member of the Association. is to include persons or intities who hold T�an interest gmerelytasntended socurity for the performance of an obligation. NO Owner shall have more - than gone membership. Membership shall be appurtenant to and may not be;.separated from.ownership o0any. Lot which is subject to assessment by the _Assoc- dation. Ownership -of such Lot shall be the sola qualification``for !membership ART CLE IV MING RIGHTS Each member shall have one vote for each Lot owned whether improved or not, ;hen more than one person holds such interest in any Lot, all such persons shall be nelbers. The vote+f'or such Lot shall be exercised as they among themselves detenjine, but in no event shall more than one vote -be cast with respect to.any Lot. -2- 2124772 ARTICLE V PROPERTY RIGHTS • Section I. ',tember's Easements of En'o meat. Every member shall have a tight—and easement of enjoyment in aur to the Common Area and such easement shall be appurtenant to and shall pass with the title r. to every assessed Lot, subject to the following provisions; f (a) the right OE the Association to limit of members; the number of guests (b) the right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area; (c) the right of the Association, in accordance with its Articles sQ n anti By -Laws, to Morrow money for the purpose of:improving'the Common s :ss Area =d -facilities and in' aid thereof to convey asecurity interest fx lil 5a1;t1 Property, and the rights of such security holder in said � �iroper-tae5 small 'b64idhordinate �to t}�e rzghts ,:of the homeowners h rk��t k ereundel {c } the right ;of.t}re:•Association to suspend the voting rights and ringto use of the :rec.reatior al £acil.itics by a member for any period "du"ring :sucli ably. �assessheht against his Lot remains unpaid; and for a period not to exceed 180 clays for any infraction of its published rules and regulations;. (e) the right of the Association to dedicate or trtansier all or any hart of, tEie Common Area to any public agency, authority., or utility for such purposes and subject to such cond the members.itions as may be agreed to by NO such dedication or transfer shall be effective unless an instrument signed by members intitled to cast two—thirds (2/3) of the votes of the membership has been recorded, agreeing to such deification' or transfer, and unless written notice of the proposed action is sent to every member not less than 30 clays nor more than 40 days in advance. Section 2. Title to the Common Area. The Declarant hereby covenants for Itselft.t. bells and assigns, —it it _ri11 convey fee simple title to the Common Area to the Association free and clear of all incumbrances and liens, prior to the conveyance of the first Lot, except easements fol - Utilities, including maintenance thereof, and right bf public to make necessary slopes for cuts or fills in the reasonable original grading of public ways dedicated in the plat. ARTI CLE .V1 �r VOR MAINTENANCEtISSI:SSaqI:,1€!:5 Section 1 Creation of the Lien and Personal Obligation of Asses - ments. - cclarant ' -or eat 0 s covenants, and :each Owner of any Lot ohy�acceptance of. aoperties, decd hereUy efor whether or. riot i`t: shall be' so expressed, in any such Gleed or other con - .c veyance, is deemed to ovenant .anti `*grce to. pay to the .Association: annual �assess�nents 'or charges I . and (2) special assessments- for capital irrpTpvemtns, as hereinafter provided. T}xe anzival and special assessments, together with such interest (hereon and costs of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lion upon the property against which ea?h such assessment is made,' Each such assessment, together with such interest,, costs, and reasonable attorney's fees shall also be the ,personal obligation of the person who was the Owner of such property at the time when the assessment fell due. i'he personal, obligation shall not pass to his successors in title unless expressly assumed by them, -3- Y: S Owl ow I'ur ose of. Assessments. The -assessments levied by the �sS°c13z�on sha3 �c use exc usive y for the purpose of pro no ting the elle recreation, health, safety, and welfare of the resi den pproperties and in particular .for tl'a improvement and %maintenancets in tile of the Properties, services, and facilities devoted to thisur ose to the use and enjoy,aent of the Common Area, and of the homesasxtuatecied uPon the Properties. Section s. ,iasis and Niaxirlum of Annual assessments. 1 of. tie c—a ender ,year lime x{ate until January Lot to an O�rrter, the maximum annual assessment ancallelotseof convel2edfirst Declarant to purchasers shall be :Ninety -Six dollars (6.Oc}} per Lo The maximum annual assessment 'on all Lots awned by Uecl grant shall be the same. (a) from -and after January 1 of the year immediate) fo llowin conveyance of the first . Lot to an Owner, the maxiTain, ,annualassessmente may. be: increased effective' January 1 of each year without a vote- of the =x r-i'm ership :in conformance with the rise if an }" lriciex k ' : y, of the Consumer Price (publislied by. the Uegartment of Labor, Washington, D.C.) for the �pre,ceilinb _month o f J.uly,- as well as any increase in the Item 'Estate USI . t.ie Common Areas. • Tax (b). From and after January l -of the year immediately following' tile conveyance of tine first Ia'v to any 0.rner, the maximum annual assessment may be increased above. that established .by the, Consumer Price Index formula by a'vote of the members .for the next succeeding three 3 rovi;led that any sicch change s:iall h�Rve the assent of two-thirds)(1%3rs� o t e votes of the members who are voting in person or -by } meeting duly called for this purpose, wTritten notice of �ruichoShall tbe sent to all members. not less than ate nays nor more than UQ clays in advance Of the meeting setting foth the purpose of the meeting. Section 4. S ecial Assessments for ca ital In roverzent. In addition to tte �i1tnua as5essments aut xorize move, Ule ; ssoczation may levy in any -assessment year, a :special assessment applicable to that year only, for the purpose of defraying;, in whole or in part, the cost struction or reconstrt2ctionof any con - 61 cribed capital i , nexpected repair or replacemelit of a. des- mprovement upon the Common Area, incIl ding the necessary fixtures and personal property related thereto, tarovided that an such assessment shall have the assent of two-thirds ( o tee votes of the members who are voting in person or by -proxy at a necting duly called `: for this. purpose not less than written notice of which shall be sent to all'meMbers 3Q clays nor more than GU ance o f the meeting da }'s in adv setting; for the 'purpose of the .meeting. g :'...-,Section :5. [In itorn )tate of As ,.assessments must . e. a&xe , at a uni orm rate for tallnLots and mnual ay collected on a monthly basis. Y Section rum for An 'Acting Authorized Under Sec T! At :t e rst .r►eet�ng ca e , -as provz a zn , ectlons a an and 4. presence ,at the, meeting of members or o£ creo , e Iiercent GQ$ proxies intitlecl to -cause sixty ( ) of all the votes: of the membership shall constitute a quorum. If the rgcluiTed quorum is not forthcoming at any meeting, meeting; may be called, subject to the notice requirement set forth in °cher sections i and 4 and the required quorum at any such subsequent meeting shall be ane -half (1/2) of the required quorum at the preceding meeting :bio such subsequent meetingshall be held more than sixty ing; the preceding; meeting. Y (�Q) days follow- -4- - Date.of- Commence Ment of Annual Assessments: Due Datos: The annus assessments prove ec or iiereYn s a commence as o a ors on the first day of the month following the conveyance of the Common Area to the Association. The first annual assessment shall be adjusted according to the number of 'months remaining in the calendar year. The Board of Trustees shall fix the amount of the annual assess.aent. The Association shall upon demand at any time furnish a certificate in 1. writing signed by an officer of the Association setting forth whether_. the assessments on a specified Lot have'been paid. A reasonable charge may be made by the Board for the Issuance of these certificates: Such certificates shall be conclusive=evidence of pay�ent of any assessment therein stated to have been paid. Section 8. Effect of Vo3Y ayment of Assessments: Rentodies of the Associatione Any assess ients which are not pa id when due shan Beael- i irl ent; If the assessment is not paid within thirty (30) days after .the due date, Vie assessment shall bear interest from the date of del - 5 zn uency.at the current pr.ine bank rate per annum at the clue date of they assessment, and the Association may bring an action at law against the .Uti�ner personally obligated to pay the same, or foreclose the lien against the property, 'and interest, costs and reasonable attorney's :fees `o.f any such action shall be -added to the anount of such assessment. Xo owner mav'waive or otherwise escapesliability for the assesments provided for herein by non-use of the Common Area or abandonment of his Lot: Section J. Subordination of the Lien to '*lortgages. The lien of the assessments prove e :or herein s is be subordinate to the lien of any mortgage, mortgages,_or deed of trust, an<] the Association will, upon demand, execute a written subordi nation. in accordance with this paragraph. Sale or transfer of any Lot shall not effect the assessment lien. - However, the involuntary or distress sale of any Lot which is subject to any mortgage or .deed to trust, pursuant to a decree of fore- closure thereof, or trust deed or sale under deed of trust, small extinguish the licit of such assessments as to payments thereof which became due p.rior to such sale of transfer. No sale or transfer shall relieve such Lot from liability for any assessiae tits thereafter becoming due or frost the lien thereof. Section 10. Exempt Property. The following property subject to this Declaration shall beexe,:ip� the assessments created herein: '(a) all.,Iproperties dedicated to and accepted by a local public authority; (b): :,.the Common Area. ARTICLE .,'VII ARCHITECTURAL CONTROL \o. building, `fence, wall or'. other structure shall be comme'nccd, erected or maintained upon, the :Properties, nor shall any exterior'.-.:-. addition to or change or -alteration therein be made until th'e plans and 'r specifications showing the nature, 'kind, 'shape, height, ,mate.rials, and location of the same shall have.been.submitted to and -approved in,writing as to harmony of external design and location in relation to surrouding structures and topography by the Board of Trustees of the Association, or by an architectural committee composed of three (3) or more repre- sentatives appointed by the Board. In the event said 3oard, or its designated committee, fails to approve or disapprove such design and location 'within' thirty (:io) clays specifications after` sale! plans- tact have green submitted to it, appro�-al will not be required and the .Article will be deemed to have been fully complied with. ARTICLE VIII USE RESTRICTIQ,NS Section 1. -111 Lots shall -be known and described as residential Lots except—said Common Area. :10 structures or buildings of any kinds: shall be erected, altered, placed or permitted to remain on any resid- ential building lot other than one detached single-family occupancy only not to exceed twol�sstoriesxin ly aeightIlinandaa private garage fo-r not more than three cars, one of which may be for a boat or a trailer. A swimming pool with appurtenant structures are also allowed. x 5ectiion,2. No .building shall be located nearer to the front line of the ot; or. nearer to the side street line than the building setback lines if;sshown.an the recorded plat.. In any event, no building a£ any kind theL `b 't lot 1, on any residential lot nearer than thirty {3U) feet :to the: -front lot 13ne; nor nearer than twenty-five(25) feet to any side street line, and no. brcilding smallbe located nearer than twenty-five (25) feet to the rear lot line except rear yard figured from center line of open. -space or easement in Tao case less than ten exception of a (l0) feet, with the detached garage, do building shall be located nearer than seven and one }r:il F (7 I/2) feet of the side lot line. A detached garage may be located within five feet of the rear lot line, except „There rear lot line abuts a street, in which case t}ie front yard setback of thirty varia(3t}) feet or more would prevail unless otherwise approved by said Arch- ance by the �1i2 tecural Control Crrr7mittee. Hardship cases may receive approval of variance Control Corirrittee subject to, approval by the City of Edmonds. Section 3. No dwelling less shall be permitted on any Lot at a cost of prevailint an ,UUU-.00 exclusive of land, based upon the cost levels g on the date these restrictions are recorded, it being the intention and pur}3ose of these restrictions to assure that all dwellings shall be a.f duality of workmanship and materials substantially the same or better than that which can be produced on the date these restrictions are recorded at the ;rininurtr cost stated herein for the rniriimum permitted. dwelling .s1ze. , :The ground floor area :of the grain structure, exclusive of one story`'open'porclies, carports "and garage, t�,ialve hundred sctirare feet for: the'groun flooof�aal.dwellnot in lafsthan 4 than :one:'st°ry. gmore' SectiOn 4. :1fo a.nim;115, livestock or poultry of any kind shall be raise , BF677or..kept an any lot, hold pets maybeexcept that clogs, cats or other house- :ept in compliance With existing laws and re ulatio • and provided that they are not kept, bred or maintained for an comms purpose, 'frre. foregoing; is intended. also, to exclude the kee i Y ercia_ of ,Pets such 'as cats, dogs or birds in numbers or under conditPons reaso-ann- ably objectionahle._in the closely built-up residential communis y. Section' 5- NO building or structure shall be moved onto any land e1nbraccd said. subdivision from any land outside of said subdivisio. No -,trailers shall be =maintained on any building site as a reside n building of any kind shall tie erected or maintained oil a building site No prior to the erection of a dwelling house thereon, except that agarage or other small building of permanent construction may be erected f o private greenhouse or far the' -storing of tools and other articles T. G- , ut Suction G. Commit teemand their premises mobile home or screened from 6d for' residence purposes. Except with the approval of the Architectural Control owners at no time shall, keep or permit to be kept on or street area any house trailer, truck, camper, beat trailer unless housed within a garage or suitably view from street' or park area. Section 7. The ,work of construction of all building and structures shall—Fe prosecuted diligently. and continuously from commencement of construction until the structures are fully completed and painted. All structures shall be completed, as to external appearance, including finish painting, within eight (8) WAS from date of commencement of the construction, unless prevented by Cause'beyond the owner's control. ectibn 8, No garbage, refuse, rubbish or cuttings shall be depos e�cl -ori"-or:%.` eft.on the lot remises unless placed in an attractive con- sU�tably located a.nd screened. from the public view. No building tv �of�anydO.;ARshall be-placecl:or stored upon any property in s su }xv� sionxuntil ;the awr�ex is 'ready. to commence construction -and �tliensuchmaterlal'shall be . placed wzt}iin the property line of the � 3y buildirig site on whicta.�.the stncctures are to be erected, and shall ¢} „F placed .in ° Areet or .Common Area. Section 9. No t'ommon Areas shall be used as a dump for trash or rubbisi o any kind. Yard rakings such as rocks dirt, materials as a result of landscaping shall not bgrass and other ddirt, , into streets, ditches, patii:,rays, greenbelts, or hark. e The prober removal and disposal. Of all such materials shall be the sole responsibility of the individual Lot Owner, The Association through the Hoard of Trustees small have the power to assess any Lot Owner responsible for abusing said. Common Areas as stated above by disposing such said materials or damaging any veget- ation. The Board of Trustees may have any of the above stated infraction repaired; replaced, and/or removed as it sees fit. Section 10. leo noxious or undesirable thing, or noxious or undesirab use OTT-TURproperty in said Addi.ti.on, whatsoever, shall be permitted .or maintained upon said building sites in said AddRion. If the ,lrchitectui Control Committee shall determine what trade, business or use is undesir- able or noxious, such determination shall be conclusive. - �sSection'11. r . No signs of any kindnor for any uses, except public c �;` n11 otie :'yza.political division of the State, or as required by `law,. '4 ;,� shall e erccte0l:p'osted, painted or displayed on any building site or w4 z, Portionof the s .subdivision .whatsoever, Provided, however, that Any. a builder`- ma ,ei ect :`aiid `display' signs . during the period he is }wilding and seIIjng`propetty in said subdivision, and that:any owner.wishing to sell or rent>:his We ma_v place 1 sign,.not larger than 400 square i inches, advertising the propertf for rent or sale, seotion 12. -Oil- drilling or oil development operations, refining mining operat ns of any kind or the operation of quarries, gravel and said pits, soil removing'or topsoil stripping shall h©t'be permitted on any of the building sites of=the subdivision described herein. Section 13. No individual water supply system shall be permitted on any lot unless such system is located, constructed and equipped in- accordance with the requirements, standards and recommendations of .the City of.rdmonds and Snohomish County Health Department. Approval of such a aYgtem as installed shall be obtained from such authority. -7- Section 14, NO trade, craft, husiness, nrofession, commercial or rianufacturing enterprise dr businer kind shall be co:�c?ucte Us or commercial activit,i of any d or carried on upon an•, an building located in this subdivision on a residential Y g .� residential lot or �aithin home occupation may be maintainer'? in a residence lot, except a exterior appearance iares evidence of the occupationVand ted hattnooemplo ee outride cif the immediate family shall use this residence in With 'any business activities or y parking of any conjunction es or ea nor shall any goods or materials or supplies.; used hinlconnectionpmen any trade, service or l.>usiness, wherever the with same may be conducted, be kent, stores', d.ismaiitled or repaired outside of any building on any • 31 zC'sidential lot, nor shall anv buses and:trailer_s of an, goods, equipment or vehicles (including description) used for private Purpose pyx ��a', not for, trade or }�usiress }� WE outsade of an�r.bui3dinos on anyerksir'.entialed' dismantled or repaired y;iri' tic c� :t�ilI scctian Clot • except as provided Page 14. *per shall an be done thcraon_� wha-c�i �na�� be. or may become an annoyance or nuisance to the nei:cr-ii hooc? p -sec,t'O' 15. Vo visible radio or .fritted without the written approval otelevision antennae shall be per - control ComITittec ARTICLE IX EAsr�,TENTS Ries n a for dr.�-tinacrc� and for i:1stallation and maintenance of all Utilities shall Ix' over Common Areas whenever feasible. An Basemen reserved over the rear five feet of each lot and over foot cvide strip alone each side of interior lot lines for t is a two and one-half installation and maintenance r utility power; telephone, Water, seurer, drainage, gas, etc. Additional necessary pul,lic utilities and utilit am reser. vecl as shown on the recorded plat and others as required will also vi recorions. }ec7 as gill necessary easements req ireel lav governmental 5u?:divisions, tal 3 6 r A 'ARTI CLr X �.PRESERVATI4� h +� OI' CIIE6,T Fxr;fiTS & IiF;IGHT RI;STF.ICTIOPdB d42,,�s x zFSFCT2C31N" 1 . ,,l The Architectural Control Committee shall have xesnonsiility'ofshall determining w�lether trees or other ve r }�rem�ses of 11Y -1-0t unreasonably interferes with the residences of this su}}division. getatiozi on the the View -of other �ntrol"Committee 7 in anv casein which the l�rcl�itecturai Miall determine -that is such interfe hall si�d a not_ ice in .writing. to t}ie_'lnd ak-ne a shai l set' forth .,the � extant to which the tees pence , he Owner involved. The notice la 'pruned or reFnovea. or other vegetation shall 1e,?d or,c=rn has If within 3ff days after receipt of such notice` the not caused they trees or other vegetation to _be removed to the extent required by the Architectural Control the Association, at its Pruned o Association I expense, may do such work Committee,. f it so desires, may charge. the costpOfvsuch work tothat the' residents of this sundivtsion Who have requested the pruning or removal' of such trees or other Vegdtation. r :r 2129772 i eIN IN fit y L� c, Section'2. All .lots herein not specifically noted shall have no height restrictions except those common to the City of Edmonds standard building code and restrictions. The following' lots shall have height,{• restrictions as follows; The ,roof ridge line or any part of the house;r garage or other permitted building, except the chimney or fireplace top thereof, shall not extend above the stated height limit. All measure- ments shall -be made from the top of the concrete street curbat the location noted for each lot: Lot 12--17 feet maximum height from 135 feet south of the 'northern: -most corner facing east on Highland Drive Lot 13----21 .feet maximum height from the southeast corner y r of lot facing east on Highland Drive L6b'14 thru 18--17 feet maximum height from center of each lot as s ya facing . east .:of Highland Drive. Lot` "'thru 23--27=feet maximum height as facing west on 12th Avenue West, Lot 24 thru 297-17 feet max1mum height from center of each lot facing on Emerald Hills Drive ,Lot 30 & 33-- 21 feet maximum height from center of each lot facing do Emerald Hills Drive. Lot 36---16 feet maximum height from center of lot facing on Emerald Hills Drive, Lot 37--17 feet maximum height from center of lot facing on 12th Ave. West Jot 40--18 feet maximum height from center of lot facing on 12th Ave. West lot 43---21 feet maximum height from center of lot facing on Emerald Hills Drive. Lot 49--16 feet maximum height from center of lot facing on Skyline Drive. Lot 50 thru 54-- 17 feet maximum height from Center of lot facing on Skyline Drive. µ , ARTICLE XI I j } rte PRESERVATION 'OF TREES �,�removal of trees on individual..lots ,shall l limited to the area ,� g �> yin*whliah;p', h z builcixn s F 1N 9 , patios;and driveways 'are to be constructed.Any other reinova7. of:'trees must first have the approval of the Architectural Control Committee"as'hereinbefore stated. in Article VII. _ ARTICLE XII COMMON - E Section I. A:11 commvnareastreMAINTENANCE streetsare be,maintained • Association through the Board of Trustees to at leastequal by the Edmonds City design standards applicable to public streets of substantially the same width. Section 2. The association through the Board of Trustees shall preserve and:maintain all common areas in the natural setting and -in close Conformity to the condition at. the time Declarant conveyed the 2129772 same to the Association. All pathways are to bb'k all obstacles for safe access by all members. ept open and freeOfI Section 3. In the event the Association fails to dischar e i duties, obligations, and covenants as .stated in this documentgthe ts City of Edmonds may request the obligations and convenantsAssociation to , therein stated. perform its duties, reasonable efforts have not been made to comyIf within 30 days request of the City of Edmonds, plthey may bring equity against the association in order to causenthe fulfillment action at law oo 7; V , the duties, obligations and covenants, as stated in thi f Fn the event the City of Edmonds s document. err, �t w�11 bq.-'awarded its costs. ncluding�expertswitnessech saandna if any, incurred .-in'" aid Mitigation. attorneys KC ARTICLE XIII GENERAL PROVISIONS Section I. Enforcement. The association, or any owner, shall have the right to enforce, by any proceeding at law or in equity, restrictions, conditions, reservations, aor ereafter imposed by the provisions liens and charges nowof the Qeclaratian. Failur by the association or by any owner to enforce any covenant or e restrictions herein contained shall in no event be deemed a waive Of the right to do so thereafter. r Section 2.,Natices. be give to, the Owner of any ot o demand lots bemade ache utractoo an restrictions relate shall be in writing. Y notice to . be given to such Owner or g. Said demand or notice hich may demand or notice Owners either by personal delivery of such registered mail addressedetpl��etr�cordeOwner of ow or lots:, respgct to which the Y prepaid United States: e to be addressed: Hers of the lot e demand ar notice relates, the same Notice'b to such Owner situated upon the relevant Lot.. .0r.Lots. Y N Tic`Prtified 1eg�stered mail Lots. �de�medto have been full •,addressed as aforesaid shall be Y. communicated u hours after` .the X_Ime _of Bailin Pon the expiration of fort x; ox,, persons to whom such ` demandgor notice was ema�n' 3eaddress of the p�rsonh , conclusive, but not the exclusive means shall be r of, proof of such fact, Section 3, Severabilit covenans'or restrictions b� Invalidation of affect a Y dudY one of these nyother.provisions which sha3.oremaint in full shall in no wise orce and effect.. Section 4f Amendment. The covenants and restrictions Declaration shall -run with and bind the land, and ; benefit of and be enforceable b of this f: shall inure to the lot subject to the be6laration, their respective legal re Y the Association, or the Owner of any heirs, successors, and assigns, for a term of twenty -date this Declaration is recorded, after which time representatives {20) years from the shall be automatically extended for successive said covenants Years. The covenants and restrictions of this Decl - amended only with the a Periods of ten (10) approval of the Cit oration i.yMay be first twenty {20) year Y Council, and during the ��, _ Period by an instrument signed by not eighty percent (80%) instrument signed by Of -the Lot Owners, and thereafter by an Lot Owners. not less than seventy percent (70%) Of the Any amendment must be properly recorded Withthe County Auditor and contain thetwiritten approval of the city of Edmonds by its duly authorized officers. Section 5. Approval of thplat and planned unit development by the City Of Edmonds ordinancesF Shall not be considered a waiver of any city or Powers, as are Presently'in effect or as may be amended or subsequently enacted except as to the bulk and dimensional restrictions approved herein as part of this Plat and planned unit i-de'velopment All ordinances Of the City of Edmonds shall be applicabl to Tract "A" and Tract "B" as if the same were city owned streets or parks except that there shall be no unrestricted rights Of access in said Tract "A" and Tract the general public. EMERALD HILLS PLAT RES TRICTxONS No lot or Portion of a lot in this plat can be sold Or ownership changed or transferred where:: resold -,,pny attempt increase the number of lots in this , is made to plat. upon an The fee title to any lot described as abounded by or abutting y street, avenue, walkway, park, greenbelt or common Property which has'not been dedicated to or accepted by the Public shall not extend upon such common property. h Property i' The fee s reserved to the Grantor to he c title to such common .Hills Rome Owners Association, OnVeyed to the Emerald the residents in -Emerald Hills. Inc... for the,common enjoyment of all DEDICATION KNOW ALL MEN BY THESE PRESENTS that we, the undersigned Owners' An fee simple of the land hereby Platted hereby declare this plat -1.cat.e_to the use Of the public forever, all streets XTand,;-�'eids-­ij "publ'i avenues, Ice `:purposes': the . use . thereof 4;N easements shownthereon to'be for the public and u ....an cons is ten Ish ay,-. .. t with the use thereof for �FP ori also ��t S_ :therightto make�alj and'i4if eCessary�§.lope' Pon., the Ots, and"blocks' shown this plat e. -gr Ing,of th ;Ln e"" Son ad" e streets andcavenues shown DERSON in dedicating ating this Platof has, certain �EME RALD HILLS areas as Private roads and .are unres tjibt6d are shown as Tract un . lctpall-1 Use Of these private roads is::: granted granted to all ;.Snohomi h" Agencies of the Cit Y 6f Edmonds ''aid of the necessary for the general health, re and benefit "Property owners and residents. of this plat. welfare b Also-,aesignated as Tract "B" are certain areas bf land for open space in Parks, Pathways, and Greenbelts intended for the retention Of the natural setting, for recreation and other related 'activities by the Rome Owners in EMERALD 11ILLS.,,, -11- These designated areas are NOT!:DEDICATED hereby for use by the general public bUt are dedicated to the common use an enjoyment of the property owners in this plat of EMERALD HILLS as more fully provided in the DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS applicable to EMERALD HILLS recorded in volume of deeds records of SNOHOMISH COUNTY. ' pages thru Said Declaration of covenants, conditions and restrictions hereby incorporated and made party of.this•plat. �s tit2 - �' � � h i