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Emerald Hills CCRs�V�,v- \ V'r 1 PLANNED UNI t D1iVELOPPJENT 2121772 recorded -7anuary 1 11}iCLAkATION 1970 OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION, made on the date hereinafter set forth by RAY ANDERSON, hereinafter referred to as "Declarant," KITNESSETH; MIERF"AS, Declarant is the owner of certain property in the County of Snohomish, State of liashington, which is -pore particularly described as That portion of Northeast quarter of Southeast quarter of Section 24, 'Township 27 North, Range 3 East, :9.`I., EXCEPT the South and the hest 30 feet as conveved to Snohomish County, i.ashington, for roads by deeds recorded under auditor's file Nos. 485944 and 574525, and EXCEPT portion conveyed to City of Edmonds for road puposes by Quit Claim Deed recorded under auditor's file No. 1660269, and EXCEPT portions lying within the plats of %leadowdale Village :`:vs. 3 and No. 4, according to plat thereof recorded in volume 22 of plats, page 93, and volume 25 of plats, page 4S, respectively. Situates in Snohomish County, Washington. The above description embraces an area of 25.38 acres, more or less. :ND PHEREAS, Declarant will convey the said properties, subject to certain protective covenants, conditions, restrictions, reservations, lien: and charges as hereinafter set fortis_ ?:O;% THEREFORE, Declarant 'hereby declares that all of the properties - described above shall be hold, sold, and conveyed subject.to the following easements, restrictions, covenants, and conditions, all of which are for the purpose of eahancin4, and protecting the value, desirability, and attractiveness of the real property. These easements, covenants, restrictions, and conditions shall run with the real property and shall be binding on all parties having or acquiring any right, title or interest in tiie described properties or any part the reoC, and shall inure to fhe benefit of each owner thereof. ARTICLE [ D1.1:I N I TUNS Section 1. .":\ss0ciati6n"'shall mean and refer to l?lERALD HILLS HO^IE OIVNERS %SSO �TION, IxC., its successors and assigns. Section 2. "Properties". shall mean and refer to that certain real property ereinbefore described, and such additions thereto as mahere- after be brought within the jurisdiction of.the Association. y Section 3. "Common Area" shall mean all real property owned by the Assoc aeon 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 recor e-c subdivision map of the properties with the exception of the Common Area. k 9772 Section S. "Xlember"-shall m-an and refer to every person or entity who h0_1 s mem'Fership in the Association. Section 6, "Owner" shall mean and refer to the record owner, whethe3 one or1more persons or entities, of a fee simple title to any Lot whic'nr,i; 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 and refer to RAl'd4OND.A. ANllL•RSON, his successors and/or assigns, Section 8. "General Plan" shall mean and contain: (I. a general indication 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.. i ARTI CLE I I ANNEXATION Ql= ADDITIONAL PROPERTIES Annexation of additional property shall require the assent of two- thirds (2/3) of the members at a meeting duly called for this purpose, written notice of which shall ire sent to all members not less than 30 days nor more than 60 days in advance of the m purpose of the meeting eeting setting forth the , The presence of members or of proxies entitled to cast sixty percent (60) Of the votes of the membership shall stitute a quorum, 'If the required quocon - run is not forthcoming atiany meeting, another meeting :nay be called, subject to the notice require- ment set forth above, and the required quorum at such subsequent meeting shall be one-half of the required quorum of the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting: In the event that ttvo-thirds (2/3) of Lire membership are not present in person o-r by proxy, members not present may give their written assent to the action taken thereat. ARTICLE III )111:14BERSHI P Every ;. per soil or intity who is an Ocancr of ,record of any lot waich n is subject by coveants of record to assessment by the Association, shall be a member of the Association. The foregoing is not intended . to include persons or intities who hold an interest merely as security for the performance of an obligation. No Owner shall have more than one membership, Membership shall be appurtenant to and may not be .separated from ownership of, anv.Lot which is subject to assessment by t}ie::Assoc iction. `Ownership of such Lot shall be the sole qualification for membership; ARTICLE IV VOTING RIGHTS Each member shall have one vote for each or not, ;:hen more than one person holds such such persons shall be members. The voteifor as they among themselves determine, but in no vote tie cast with respect to any Lot, x Lot owned ,whether improved interest in any Lot, all such Lot shall be exercised event shall more than one -2 212c)772 ARTICLE V PROPERTY RIGHTS Section 1, Member's Easements of En•o cent, Every member shall have a ragrt and easement o enjoyment in an to Ure Co con Area and such easement shall be appurtenant to and shall pass with the title to every assessed Lot, subject to the following provisions: (a) the right of tine Association to limit the number of guests of members; (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 and By -Laws, to borrow money for the purpose of improving tile Common ` „Area and facilities and in'aid thereof to convey a security interest :property, and tine rights of such security holder in said r �ropertaes`shill be'suhordinate'to the rights of the homeowners hereunder 'the right .of, the Association to suspend the voting rights and use ,of the -recreational facilities by a member for any period 3 du"ring a uch any assessment against his .Lot remains unpaid; and for a period not to exceed 180 days for any infraction of its publisaed rules and regulations;- (e) tine right of tine Association to dedicate or transfer all or any part of tine Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by t}re members, :do such dedication or transfer shall be effective unless an instrument signed by members intitied to cast two-thirds (2/3) of the votes of the membership has been recorded, agreeing to such dedication' or transfer, and unless written notice of the proposed action is sent to every member not less than 30 clays nor more than •10 days in advance. for Section 2, Title to the Common Area. Tire Declarant hereby covenants r.tse , its rears an assa ns tuat it :gill come to the Common Area i;,Iplc title to the Association free and clear offall ee sincumbrances and liens, prior to tine conveyance of the first Lot, except easements for utilities, including maintenance thereof, and right'of public to make necessary slopes for cuts or fills in the reasonable original gradin of public ways dedicated in the plat. g ARTICLE.VI I ih-" = ."COV}'avANT POR :•IJUINTENANCE ASSF.SSrv1ENT:S `i `.Section 1. 'Creation of the Lien and personal Obligation of Assess- ments, re cclarant, .or ear of owner wit un t e, ropertaes, trere y covenants, and 'each Owner of 'any Lot by acceptance of deed therefor,. whether or.'not i"t shall!be so expressed in any such deed or other.con- veyance, is deemed to ,covenant and agree to pay to the Association Cl) annual assessments or charges, and (2) special assessments for capital improvemtns, as hereinafter provided. The annual and special assessments,, together with such interest t}rereon and costs of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which eacii 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. The personal obligation shall not pass to his successors in title unless expressly assumed by them. -3- �+c^• Purpose of- Assessments. Theassessmentslevied by the Association shall be use exc usive y for the purpose of promoting the the recreation, health, safety, and welfare of the residents in the properties and in particular for the improvement and -maintenance of the Properties, services, and facilities devote to the use and enjoyment of thed to this purpose and related upon the Properties, . Common Area, and of the homes situated Section 3. Basis and MaximuI'llm of Annual Assessments. Until January 1 of tie ca endar near imme late y .o owing t e conveyance of the first Lot to an Owner, the maximum annual assessment on all lots conveyed by Declarant to purchasers shall be Ninety -Six dollars (J6,00) per Lot,' The maximum annual assessment on all lots owned by lleclarant shall be the same, (a) From and after .January 1 of the year immediately fo llowin conveyance of the first.Lot to an Owner, the maximum annual assessmente y .,be, increased effectiveJanuary 1 of each year without a vote of the me<nbership.in conformance with the rise, if any, of the Consumer Price ;yi',�receilinublished by, the Department of Labor, Washington, D.C.) for the „ , c b:month';of July, as well as any increase in the' Reali:Estate Tax otr:`the'Common Areas. (b) From and after January 1-of the year immediately following the conveyance of the first I.ot'to any O: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) years, 4rovided that any such change s:iall have the assent of two-thirds (2/3) o tip` TC votes of the members who are voting in person or -by proxy, of 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 days in advance Of the meeting setting; foth the purpose of the meeting,. Section 4, S to tte annua ecial Assessments for Capital Improvement. In addition assessments autrorize a)ove, t e association may levy in any assessment year, a special assessment applicable to that year only, for the purpose of defraying cribed capital im, in whole or in part, the cost of any con- struction reconstruction, unexpected repair or replacement of a.des- provement upon the Comnon Area, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (Jj o" rotes of the members who are voting in person or by proxy 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 days in advance of t setting for the purpose, of the meeting. he meeting Section 5. Uniform Rate of Assessment. Both annual and.special" assessments must a ixe, at a uni orm rate for all Lots and may be collected on a monthly basis. Section 6 Otior'um for An Action Authorized Under Sections. 3 and 4. At t eTi`irst meeting ca a as prove a in .ections an ereo presence.'ai the 'meeting of members or of proxies intitle.d to -cause sixty percent (60%) of all the votes of the membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in sections 3 and 4 and the required quorum at any such subsequeat meeting shall be one-half (1/2) of the required quorum at the preceding meeting, No such subsequent meeting shall be held more than sixty (60) days follow- ing the preceding meeting, -4- ate of Commencement of Annual Assessments: Due Dates; The annua assessments provided or nerein s -a commence as to all ots 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 small fix the amount of the annual assessment. The Association shall upon demand at any time furnish a certificate in 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 payment of any assessment therein stated to have been paid. Section 8, Effect of :Nonpayment of. Assessments: Remddies of the - Association, Any assessments wiicTi arc—not`pald when due shall e -cTel- inquent. �f the assessment is not paid ;within thirty (30) days after the due date, the assessment shall bear interest from the date of del- inquency at the current prime ban), rate per annum at the due date of ' 'thePas' sessment, and the association Tray bring an action at law against 'the'Osner personally obligated to pay the same, or foreclose the lien "agains.t the property, and interest, costs and reasonable attorney's fees of any such action shall be added to the amount of such assessment. \o owner rnav waive or otherwise escape liability for the assessments' provided for herein by non-use of the Common Area or abandonment of his Lot. Section 9, Subordination of the Lien to Iortn,afes, The lien of the assessments prove e or Herein sea e su or mate to the lien of any mortgage, mortgages, or deed of trust, and the Association will, upon demand, execute a written subordination 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 lien of such assessments as to payments thereof which became due prior to such sale of transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. Section 10. [exempt Property, The following property subject to this Declaration shall ie exempt fTom tfle assessments created herein: (a) all. -properties dedicated to and accepted by a local public authority; (b)the Common Area. ARTICLE VII ARCHITECTURAL CONTROL No building, fence, wall or.other structure shall be commenced,' erected or maintained upon the.Properties, nor shall any exterior addition to or change or alteration therein be made until the ''plans `and specifications showing the nature, kind, shape, height, materials , and location of the same shall have.been.submitted to and approved in,writing as to harkony 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 Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans -and specifications have been submitted to it, approval will not be required and the Article will be deemed to have been fully complied with. ARTICLE Vill USE RESTRICTIONS Section 1, All Lots shall be known and described as residential Lots except said Common Area. No 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-fa:aily dwelling for single-family occupancy only not to exceed two stories in height and a private garage for not more than three cars, one of which may be for a boat or a trailer. A swimming pool with a also allowed. ppurtenant structures are x Section,2. No building shall be located nearer to the front line of the OtA� r nearer to the side street line than the building setback nines h ifs ownon tlhe recorded plat. In any event, no building of any kind shall be ;located on any residential lot nearer than thirty (30) feet :to the :front lot line; nor nearer than twenty-five(25) feet to any side street line, and no building shallbe located nearer than twenty-five (25) feet to tine rear lot line except rear yard figured from center line of open space or easement in no case less than ten (10) feet, with the exception of a detached garage. No building shall be located nearer than seven and one 11a1F (7 112) feet of the side lot line. A detached garage may be located within five feet of the rear lot line, except where rear lot line abuts a street, in which case the front yard setback of thirty (30) feet or more would prevail unless otherwise approved by said Arch- itectural Control Committee, 'hardship cases may receive approval of variance by the ARchitectural Control Cocirhi tlhe City of Edmonds. ttee subject to'approval by. Section 3, No dwelling shall be permitted on any Lot at a cost of less t an ,000-.00 exclusive of land, based upon the cost levels prevailing on the date these restrictions are recorded, it being the intention and purpose of these restrictions to assure that all dwellings shall be of quality of worRmanship and materials substantially tine same or better than that which can be produced on the date these restrictions are recorded athe minimum dwelling, size1'he cost stated herein for the minimum permitted , .'ground floor area .of the main structure, exclusive of one-story 'open porches, carports 'and garage, shhall not be less than twelve hundred square feet for the ground floor of a dwelling es more than one'.story, Section 4. ;:No animals rais, livestock or poultry of any kind shall be e , hre or kept on any lot, except that clogs, cats or other house hold pets may,bekept in compliance With existing laws and regulations and provided that they are not kept, bred or maintained comr�ercia' an y purpose, The foregoing is intended also to excloray Pets such 'as catsof any , dogs or birds in numbeyexclude tine for s or under conditions reason- ably ohjectionahle._in the closely built-up residential community. Section 5. No building or structure shall be moved onto any land embrace Ill's aid subdivision from any land outside of said subdivision, No;trailers shall be maintained on any building site as a residence, No building of any kind shall he erected or maintained oil a building site prior to the erection of a dwelling house thereon, except that a garage or other small building of permanent construction may be erected for a private greenhouse or for the' -storing of tools and other articles, abut rsed for residence purposes. Section ti. Except with the approval of the Architectural Control Com1n—If ee and owners at no time shall keep or permit to be kept on their premises or street area any house trailer, truck, camper, mobile home or boat trailer unless housed within a garage or suitably( screened from view from street or park area. Section 7, The work of construction of all building and structures shalT3e 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) tialiths from date of commencement of �r the construction, unless prevented by cause'beyond the owner's control. Section 8. No garbage, refuse, rubbish or cuttings shall be depos- ed on<<or�� eft on the lot premises unless placed in an attractive con - Er s tably located and screened.from the public view. No building t 1 oftianyi,indr"shall be'.placed or stored upon any property in YSa sub vision until."the owner is ready. to commence construction and 3rEtlien�sirchinrterial.'"shall be placed within the property line of the �?'bu'ilding'site upon which the structures are to be erected, and shall €a { not..be placed -in street or Common Area. Section 9. .10 Common Areas shall be used as a dump for trash or rubbisi o any kind. Yard rakings such as rocks, dirt, grass and other materials as a result of landscaping shall not be dumpted into streets, ditches, pathways, greenbelts, or park, The proper removal and disposal of all such materials shall be the sole responsibility of the individual Lot Owner. The Association through the Board 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. No noxious or undesirable thin<t,, or noxious or undes;Lrab use o Ile property in said Addition, whatsoever, shall be permitted .or maintained upon said building sites in said Addition. If the Architectur Control Committee shall determine what trade, business or use is undesir- able or noxious, such determination shall be conclusive. r e n Section 11..-PIo signs of any hind nor for any uses, except public Zru, notice ,y;a political<diyision of the State, or as required by law,. Y� .` shall be.ere cted,.p'osted, Painted or displayed on any building site or ° nortion`.of`;this subdivi§ion whatsoever; Provided, however, that any. builder may erect and display signs during the period he is building and selli.ng'propetty in said 'suh_division, and that:any owner wishing to sell or-rent,his home may, place 1 sign, not larger than 400 square inches, advertising the property for refit or sale, Section 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 hot 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 vdmonds and Snohomish County Health Department. Approval of such a gjr5tem as installed shall be obtained from such authority. -7- Section 14. NO trade, craft, business, nrofession, commercial or manufacturing enterprise or business or commercial ion,acticommercial of. any kind shall be cone?acted or carried on upon any residential lot or within any building located i.n this subdivision on a residential lot, except a home occupation may be maintained in a residence exterior appearance bares evidence of the occupationand hat Outside of the immediate family shall use this residence in conjunction with'any business activities or conjunction nor shall any goods or materials porisuppliesnusedhinlconnr equipment any trade, service, or business, where ver the same may be conducted, be tion with kept, stored, dismantled or repaired outside of any buildinq on any cbusresidential lot, nor shall any goods, equipment or vehicles (including es and trailers of any .description) uses for private purposes a�c'.not for trade or business he'�kept, stored, dismantled or repaired '�� outside o'f any buildings on any residential lot; except as provided 'tin article t�iII section C•. , page 14. *ter shall_ any q , e done ho ,r thereoniw}ilcn ma; be"or may become an annoyance or nuisance to the neidhrtiooc1. " Section 15. NO visible radio or television antennae shall be per- mitted without the written approval of the Architectural Control ComMitte ARTICLE Ix EAST VENTS Easements for drainage and for inand nd maintenance of all reserved over the utilities shall e over Common Areas whenever feasible. An easement is rear five feet of each lot and over a two and one-half. foot wide strip along each side of interior lot lines for utility installation and maintenance, power; telephone, water sewer, ease sewer:, drainage, gas, etc. Additional necessary public utments are reserved as shown on tLe recorded plat ilities and and others as required will also Le recorded as will necessary easements reouired by governmental subdivisions. ARTICLr x {5yPRESERVATIQ1Or VIEW RIGHTS & IiRIGHT RESTRICTIONS + SECTION 1,�The Architectural ,Control Committee shall have the f >resnonsibilty of determinin premises of 'any lot unreasonably interferes with6ther trees or thar the vegWtation on t2re residences of this subdivision. In an of other Control"Committee s , y:case.i.n which the Architectural shall send a noticellinlwritetenmine that there'is such interference, shall set rence, it' forth ,the extent togw.hichhtheatr(cesnor otherVvegetationnotice shall" land pruned or removed. If within-30'days after receipt Ve such on shall land ed to has not caused the trees or other vegetation to be removed to the extant required by the Architectural Control Committee, the Association, at its Pruned or Association, If it so desiressemayachargeuthech wcostpofvided that the . ofssuchts ofthissubdivision who have requested the pruningch or e the free or other Vegetation. g or removal we T <N a _ 2129772 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 heightf �(• restrictions as follows: The roof ridge line or any part of the house' garage or other permitted building, except the chimney or fireplace top thereof, shall not extend above the stated height limit. ments shall be made from the top of the concrete street cuAll measure - thereof, at the location noted for each lot: Lot 12--17 feet maximum height from 135 feet south of the xz northern most corner facing east on Highland Drive Lot'13--21 feet maximum height from the southeast corner of lot facing east on Highland Drive Lot 14'thru 18--17 feet maximum height from center of each lot as y facing east-of_Highland Drive. Lot 19,thru 23--27=feet maximum height as facing west on 12th Avenue West.' Lot 24 thru 297-17 feet maximum 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 lot 40--18 feet maximum height from center of lot facing on 12th !? Ave. West lot 41--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. M-'c 4`1N1j3 t 4ffi� - ARTICLE XI ' PRESERVATION OF TREES ` Thetremoval of trees on:individual lots ,shall be -limited to the area h'°ar yinwhich'rtkie`}buildings,' patios and driveways are to be constructed. Any » other remoyal'ofarees must first have the approval of the Architectural Control'Committee as hereinbefore stated.in Article VII. ARTICLE XIL ! . COMMON E Section I. All common areastreE streetsarebe maintained by the Association through the Board of Trustees to at least equal 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 be k all obstacles for safe access b y all members. ept open and free of Soection 3. In the event the Association fails to discharge its duties, obligations, and covenants as .stated in this document the City of Edmonds may request the Association to perform obligations and convenants, as herein stated. Ifply with the wint30ddayss� reasonable efforts have not been made to Com utie request of the City of Edmonds, they may bring an action at law or equity against the association in order to cause the fulfillment of s the duties, obligations and covenants, as stated in this document. "`hy, sln the event the City of Edmonds prevails in such litigation, if any, williawarded its costs including expert witnesses and attorneys g�f3 fees incuur rred.in aid litigation. ra K T ARTICLE XIII GENERAL pROVISIONS Section 1. Enforcement. The association, or any owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, reservations, liens and charges now or by the hereafter imposed by the provisions of the Declaration. Failure wner restrictions lherein ation ocontained r by any oshall tinenooeventnbefrce aycdeemedtaowaiver Of the right to do so thereafter. Section he Owner o Any demand to be made upon, or any notice to re give restrictions the Owner of any lot or lots in the tract to which these restrictions relate shall be in writing. Said demand or notice may be given to such Owner or Owners either by personal delivery notice such demand or notice registered mail addressed sending the same b to the record Ownerro=aid ownersted of thelot or lots with respect to which the demand or notice relates, be addressed:-0 such Owner situated upon the relevant Lot the same Noticebycertified registered mail, 'addressed as aforesaid �- deemed to.have been;fegl Lots. �hours after the.,. . Y�cOmmunicated upon the expiration ofsfort be �. or time of mailing „ and the name and address of the y-eigh ,,w persons. to whom such`demand or notice was mailed, shall f ,. conclusive; _but not the exclusive means -of, Person 1 proof of such fact, Section 3, Severabilit ' ' covenants or restrictions b�. Invalidation of any one of these affect anyother byJudgment of court order shall in no wise provisions which .shall remain in full force and effect. Section 4 Amendment. Declaration shall The covenants and restrictions of this run with and bind the land, and shall inure to the benefit of and be enforceable b lot subject to the Declaration y the Association, legal the Owner an heirs, successors, and assigns, their respective legal representativesy date this Declaration is recordeforaa term of twentyarsfrom t shall be automatically (20) years from the y extended for successive time said covenants Years. The covenants and restrictions of this Dperiods f eclaationten (10) r- amended only with the approval of the Citymay be first twenty (20) year period b u Council, and during y an instrument si ned b the g Y not ]aca eighty percent (808) Of 'the Lot Owners, and thereafter by an instrument signed by not less than seventy percent (70%) of the Lot Owners, Any amendment iaust be properly recorded with the County Auditor and contain the written approval of the City of Edmonds by its duly authorized officers, j Section S, Appro ' + by the Cit Edmonds l of this"plat and planned unit development y of Edmonds ordinances or , shall not be considered a waiver of any city i powers, as are presently in effect or as may be amended i or subsequently enacted except as to the bulk and dimensional restrictions approved herein as part of this plat and planned unit development. 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 "B"I.by the general public, EMERALD HILLS PLAT RESTRICTIONS No lot or portion of a lot in this " or ownership changed or transferred whereatncan be sold or resold increase the number of lots in this a Y attempt is made to The fee title to an Plat. upon any street y lot described as abounded by or abutting which has not beenvenue,,walkway, park, greenbelt or common extend upon such common icated to or accepted by the property Property Property. The fee title topsuchccommon all not y is reserved to the Grantor to be conveyed to the Emerald Hills Home Owners Association, inc., for the common enjoyment of all the residents in 'Emerald Hills. DEDICATION — CAN KNOW ALL MEN BY THESE PRESENTS that we, the undersigned owners in fee simple of the land hereby platted hereby declare this andand dedicate to the use of the public forever, all streets ,easements shown thereon Plat or�allto be for the avenues, rb5 ubhc'purposes not `inconsistent with ltheand the use thereof hishway purposes, „also the right to make all necessary use thereof for Reor�cuts and fills upon the''lots and blocks shown .on this plat �n or Y slopes hereon` 4 r ,x 4rading of the :streets anrleavenues FA YMOND A shown ANDERSON in dedicating this platof.F.MERALD HILLS has designated.certain areas as private roads and are shown as Tract °A", u `The: unrestricted Municmpal; Unlit use of these private loads is,granted to 'all .an Service Agencies of the City of Edmondslaad Snohomish',CountY necessary for the of the property owners and residentseofral thiseplat, welfare and benefit Also designated as Tract "B" are certain areas of land for open space in Parks, Pathways, and Greenbelts intended for the y the Home Owners in EMERALD e natural setting, for by recreation and other related aretention HILLS,: ctivities th -11- These designated areas are NOT?:DEDICATED hereby for use by the general public bUt are dedicated to the common use and 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 is hereby incorporated and made party of this plat.