Hyde Park recorded CCR's.pdfAfter recording return to;
CONFORMED COPY
201805180086 18 PGS
050812018 9 ; 33am ESHINGTON
100
SNOHOMISH COUNTY,
Randy M. Boyer
Attorney at Law
701.7 196th St. S.W.
Lynnwood, WA 98036
Document Title: Declaration of CCR's
Reference Number(s) of Document assigned or released:
Grantor(s) (Last name first:, then first name and initials:
Grantee(s) (Last name first, then first name and iniliials:
Legal Description
(abbreviated: i.e., lot, blocic, plat or section, township, range):
Additional legal on Exhibit A of document(s)
Portion of Tract 4, 'Solner's Five Acre Tracts, V. 7, Pg. 25,
Situate in the Country of Snohomish, State of 'Washington.
n/a 7,0190SW6001
Edmonds 212 LLC, A Washington Limited
Liability Company
Public and Hyde Park Townhomes
Homeowners Association.
Assessor's Property Tax Parcel/Account Number(s): 005807-000-004-02
DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR HYDE PARK TOWNHOMES HOMEOWNERS
ASSOCIATION
THIS DECLARATION, made on the date hereinafter set firth by Edmonds 212 LLC, A
Washington Limited Liability Company hereinafter collectively referred to as "Declarant",
WHEREAS, the Declarant is the egldtable owner of certain property in the County of
Snohomish, State of Washington, described on Exhibit A hereto that is incorporated herein;
and,
WHEREAS, there has been or will be constructed on the Real Property one residential
living unit on each Lot ("Residence"). Twelve (12) Residences are located in building, located
on Lots 1 through 12. Adjoining Residences share use of a common wall, defined herein as a
"Party Wall"; and
Declaration of Covenants
WHEREAS, Declarant makes the said property, and shall convey the same, subject to
certain protective covenants, conditions, restrictions, reservations, liens and charges as
hereinafter set forth;
NOW, 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 are for the purpose of enharicing 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 the described properties, or any part thereof, and shall inure to the
benefit of each owner thereof.
ARTICLE I
DEFINITIONS
1.1. "Association" shall mean and refer to Hyde Park Townhomes Homeowners Association,
a non-profit corporation, its successors and assigns.
1.2. "Properties" shall mean and refer to 0,! at certain real property described above.
1.-�. "Common Area" shall mean all real property owned or maintained by the Association for
the common use and enjoyment of the: members of the association.
1.4. "Lot" shall mean any one of Twelve (12) separate parcels of land that constitute the Real
Property, referred to as Lots 1 through 12. For purposes of this Declaration, the term Lot
shall be used interchangeable with the: term "Parcel". Each Lot shall include the land and
the Residence located on such land.
1.5. "Member" shall mean and refer to every person or entity that holds membership in the
Association.
1.E. "Owner" shall mean and refer to the record owner, whether one or more persons or
entities, of a fee simple title to any lot, except that purchasers under a real estate
conditional sales 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.
1.11. "Declarant" shall mean and refer to the above described Declarants, their successors and
assigns of the properties.
1.8. "Party Wall" shall mean a wall used and intended to be used in common by two
adjoining Lot Owners for the benefit and convenience of each such Lot Owner.
1.9. "Residence" shall mean one of the Twelve (12) residential ;structures, which are :located a
Lot.
Declaration of Covenants 2
ARTICLE II
HYDE PARK TOWNHOMELS HOMEOWNERS ASSOCIATION
2.1. Organization. The Association is formed to provide for the control, maintename and
improvements of areas and facilities of the plat used in common and to undertake such
other activities as are related to maintaining Hyde Parr: Townhomes as a desirable
residential development for members of the Association.
2.2. Membership. Every person or entity who is an 'owner" of record of any lot that is
subject to these covenants shall be a member of the Homeowners Association. The
foregoing is not intended to include persons or entities that hold an interest merely as
security for the performance of an obligation. Membership shall be appurtenant to and
may not be separated from ownership of any lot that is subject to assessment by the
Association. Ownership of such lot shall be the sole qualification.
2.2;. Votins. The owner of each lot is entitled to one vote. In those cases where any lot shall
be purchased or owned by a partnership, corporation or any other legal entity other than
an individual, such entity shall appoint an individual to be the member hereof. In those
cases where one individual owns or is purchasing more than one (1) lot, such individual
shall be entitled to appoint another individual to be the nnember for each lot over and
above the first lot remaining unsold. Certificates evidencing membership in the
Corporation may be issued by the Corporation to all of its membership or in the election
of the Board of Directors. Certificates may be dispensed with and the membership be
recorded by the Corporation upon the corporate books.
2.41. Powers. The Association shall have all of the powers set forth in the Articles, together
with its general powers as a nonprofit corporation, subject only to the limitations upon
the exercise of such powers as expressly set forth in the Articles, the Bylaws and in this
Declaration, to do any and all lawirul things which may be authorized, required or
permitted to be done by the Association under and by virtue of these Restrictions and to
do and perform any and all acts which may be necessary or proper for or incidental to the
exercise of any of the express powers of the Association or for the peace, health, comfort,
safety and/or general welfare of the Owners of the Lots.
2.5. Liability of Members of Board. No member of the Board shall be personally liable to
any Owner, or to any other person, including Declarant, for any error or omission of the
Association, its representatives and employees, the Architectural Control Committee or
the manager; provided, however, that such member has, with the actual knowledge
possessed by hira, acted in good faith.
Declaration of Covenants 3
ARTICLE III
COND40N AREA
3.1. Benefit. Common area as hereinbefore described and as shown upon the plat (regardless
of whether conveyed to the Association) shall be for the benefit and use of all the lot
owners, and shall be maintained by Hyde Park Townhomes Homeowners Association, in
accordance with the Articles of Incorporation, Bylaws and this Declaration.
The Declarant hereby covenants for himself, his heirs and assigns and each lot owner by
accepting a deed to property in the plat shall irrevocably appoint the Association as his or
her attorney in fact, with full power of substitution, to take such action as is reasonably
necessary to manage the common areas set forth below, including the ability to maintain
repair, regulate the usage of, grant easements in, over and under and to perform any and
all other duties with regard to the Common Area provided for in this Declaration. This
appointment shall be effective even if title to a particular tract is held by individual lot
owners or groups thereof. The assigunent shall not affect each lot owner's liability for
maintenance costs of the Common Area.
3.2. Proverty. The common area includes but is not necessarily limited to the following:
a. As shown and described on the; plat
b. Access and utility easements
C. Tract 999
3.3. Use. Each member of the Association shall have a right and easement of enjoyment in
and to the common areas and such easement shall be appurtenant to and shall pass with
the title to every lot subject to the following provisions:
a. The right of the Association to adopt, amend or repeal rules and regulations
governing the use of the common areas, so long as said rules do not discriminate among
owners. A copy of the rules and regulations, as they may from time to time be adopted,
amended or repealed, certified by the Secretary of the Association, shall be delivered to
each owner. Upon recordation and delivery, the rules and regulations shall :have the
same force and effect as if they were set forth herein. Pursuant to these rules the
Association may limit and govern the use of the common areas by guests of members.
b. The Common Area Easements and tracts shall be maintained in accordance with any
and all plat conditions imposed by Snohomish County and/or the City of Edmonds and
all terms and conditions of the documents creating the easements.
3.4. Governmentally_ Required Maintenance, etc. Any insurance, maintenance, repair,
replacement, alteration or other work;, or the monitoring of such work, which is required
by any governmental entity (including without limitation, federal, state or local
government, public or private utility provider, local improvement district or other
governmental or quasi -governmental entity or agency), and regardless of whether such
requirement is now or hereafter established, and whether imposed in connection with a
Declaration of Covenants 4
building permit or other governmental approval or requirement, and whether involving
land within public right of ways or subject to ownership or exclusive use of one owner,
shall be the sole: and exclusive responsibility of the Association (not the Declarant) and
any cost incurred in connection therewith shall be a Common Expense. In furtherance of
the generality of the foregoing, and not by way of limitation, such work shall include:
maintenance of .any grass lined swales and proper disposal of clippings; maintenance of
landscape plantings that die during any period of required maintenance period;
maintenance of public and private drainage facilities, storm sewer and retention systems.
Declarant shall have the right but not the obligation, to perform such work if and
Association fails to do so. The Association shall promptly upon demand reimburse
Declarant for any costs directly or indirectly incurred by Declarant as a result of
Declarant performing, or the Association's failure to perform such work (including any
work or expense necessary to obtain a release or avoid a forfeiture of, any cash deposit or
other bond made; by Declarant).
ARTICLE IV
COVENANTS FOR COMMON EXPENSE
4.1. Creation of the :Lien and Personal Obligation of Assessments: The Declarant, for each
improved Lot owned within the Subdivision, hereby covenants, and each Owner of any
Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such
deed, is deemed to covenant and agrees to pay to the Association assessments for
maintenance, operation and repair.
Assessments shall be adopted in accordance with the Bylaws of the Association and this
Declaration. The assessments, together with interest, costs and reasonable attorney fees,
shall be a charge on the land and shall be a continuing lien upon and shall attach to the
property against which each such assessment is made. Each such assessment, together
with interest, costs and reasonable attorney fees incurred in collecting the same, shall
also be the personal obligation of the person who was the Owner of such property at the
time when the assessment fell due, irrespective of the ownership of the Lot at the date of
collection.
4.2. Purpose of Assessment: Assessments may be established for any purpose authorized by
this Declaration or law.
4.3. Estimated Expenses. Within sixty (60) days prior to the beginning of each calendar year,
or such other fiscal year as the Board may adopt, the Board: shall estimate the charges
including Common Expenses, and any special charges fir particular Lots to be paid
during such year; shall make provision for creating, funding and maintaining reasonable
reserves for contingencies and operations, as well as for maintenance, repair, replacement
and acquisition of the roofs, painting, drainage facility, and private road improvements;
and shall take into account any expected income and any surplus available from the prior
year's operating fund. Without limiting the generality of the foregoing but in furtherance
thereof, the Board shall create and maintain from regular monthly Assessments it reserve
fund for replacement of the roofs, painting, drainage facility, and private road
Declaration of Covenants
improvements which can reasonably be expected to require replacement or a major repair
prior to the end of the useful life �of the Buildings. The Board shall calculate the
contributions to said reserve fund so l:hat there are sufficient funds therein to replace, or
perform such major repair, to each item covered by the fused at the end of the estimated
useful life. The initial Board, whether appointed by Declarant or elected by Lot Owners,
may at any suitable time establish the first such estimate. If the sum estimated and
budgeted at any time proves inadequate for any reason (including non-payment for any
reason of any Owner's Assessment), the Board may at any time levy a further
Assessment. Similarly, if the sum estimated and budgeted, and being collected and/or
already collected, at any time proves excessive, the Board may reduce the amount being
assessed and/or apply existing funds (in excess of current needs and required reserves)
against future Assessments and/or refimd such excess funds.
4.4. Common Area lsxemnt: The Common Area and any other property dedicated to and
accepted by a gKwernment or public authority shall be exempt from assessments by the
Association.
4.5. Notice and Quorum for Establishing; l Budget: Written notice of any meeting called for
the purpose establishing a budget from which the assessments are based shall be
personally delivered or mailed to all members in a manner consistent with the provisions
of the Bylaws of the Association.
4.6. Uniform Rate of Assessments: Lots Owned by Declarant Exe Vt: Except as otherwise
authorized herein all assessments must be fixed at a uniform rate for all Lots, provided,
however, that (a) any vacant or unimproved Lot owned by Declarant shall not be subject
to any assessment or charge herein; ' and (b) any Lot sold to a builder shall not pay
assessments until the month following the sale or occupancy of the house (whichever
comes first). Also, the Association may assess individual lot owners for damages and
attorney fees/costs pursuant to Sections 8.5 and 11.1.
4.7. Date of Commencement of Assessment: Due Dates: The assessments provided for
herein shall not -commence prior to the first day of the month following the conveyance
of the first Lot f eom the Declarant. As to each particular Lot involved, the assessments
shall begin on the first day of the calendar month following the date of any deed or
contract of sale for the Lot, or onr the first day of the calendar month following
occupancy of the: premises, whichever is earlier, unless a later date is set forth in Section
4.5 above.
The assessments may be budgeted on an annual basis (referred to herein as "annual
assessments") subject to adjustments according to the number of months remaining in the
calendar year. The due dates shall be established by the Board and shall be payoble on a
monthly, quarterly, semiannual or annual basis as determined by the Associations. The
Owner may prepay one (1) or more installments on any assessment without a prepayment
penalty.
Declaration of Covenants 6
4.8. Effect of Nonna;lment of Assessments: Remedies of the Association: Any assessment
not paid within thirty (30) days after �1e due date shall bear interest from the due date at
the rate of twelve percent (12%) per annum. Unpaid assessments, plus interest, costs,
and attorney fees incurred by the .Association in collecting assessments, filing and
recording liens, enforcing the provisions of this Declaration or the Bylaws of the
Association, or defending itself in any litigation shall constitute and create a lien on the
property, provided however, before the arrearage is actually assessed against are Owner,
the Owner shall be provided an opportunity to be heard by the Board of Directors. Said
notice shall be deemed given when sent to the home address of the Owner. The i'ailure to
provide an opportunity to be heard as provided herein does not eliminate the
accumulation of extra fees and charges, provided such opportunity is afforded before the
extra fees and charges are actually assessed against the Owner and collected. The
Association may bring an action at law against the Owner personally obligated to pay the
same for collection of the assessment or other charges pursuant to this Declaration,
and/or foreclose the lien against the property. No Owner may waive or otherwise escape
liability for the Essessments provided for herein by non-use or abandonment of his or her
Lot.
4.Ce. Subordination of the Lien to MortcaQ;es: The lien of the assessment provided for herein
shall be subordinate to the lien of any first mortgage (and to the lien of any second
mortgage given to secure payment of the purchase price) now or hereafter placed on the
Lot, only in the event that the lien for delinquent assessments has not been recorded with
the Snohomish County Auditor at the time of the recording of the mortgage lien, Sale or
transfer of any Lot shall not affect the assessment lien. No sale or transfer shall relieve
such Lot from liability for any assessments thereafter becoming due or from the lien
thereof.
ARTICLE V.
EASEMENTS
5.1 GRANT OF EASEMENT FOR UTILITIES. Declarant declares that electrical power
wires, natural gas pipelines, cable wires, drainage pipes, sewer, water pipelines and
plumbing pipelines which provide :services to the Lots on the Real Property were
installed over anil across the Lots at locations which are not clearly identified on any map
or plan. Such wires, pipes and lines were installed underground in accordance with and
in observation of building code requirements but without regard to boundaries of
ownership.
Declarant grants an easement for utility purposes over and across each Lot where each
such wire, pipe and/or line currently lies in favor of the Lots served by such wires, pipes
and/or lines. In the event any repair or replacement of any such wire, line or pipe is
required by any Lot Owner and such repair or replacement requires entry into another Lot
Owner's Lot, the "Consenting Lot Owner" (i.e., the Owner of the Lot which will be
entered) agrees do grant reasonable rights of entry for such purposes and further grants
such other Lot Owner the right to make such repairs or replacements upon such
Consenting Lot Owner's Lot on condition that the Lot Owner(s) in need of such entry
De iaratfon of Covenants 7
and such work pays the cost of such work and restores the Consenting Lot Owner's Lot
to the same condition it was before such entry and work therein. This provision is
intended to be interpreted in favor of the Consenting Lot Owner who must grant entry for
such purposes and shall be liberally interpreted to ensure that a Consenting Lot Owner is
not damaged by such work.
5.2 GRANT OF UT;[LITY EASEMENT. Declarant grants an easement for water, drainage
pipes and related equipment which form a part of the drainage and retention system
which services the property, electric power, cable, natural gas, telephone, over, under and
across the Lots in Hyde Park Townhomes Plat, as constructed, in favor of the owners of
the Lots in the Plat. The intent of this easement is to allow the suppliers of such utility
services (and thy; Homeowners Association with respect to the drainage and retention
system) a reasonable right to access and right to make necessary repairs and replacement
of component parts of the utility service systems. The Owners of the Lot(s) that benefit
from any work in such utility easement area shall bear the cost of such repair and
replacement and are obligated to restore the ground surface; or their side of the structure
to the same condition it was prior to such utility repair or replacement.
5.3 MAINTENANCE OF EASEMENT AREAS. Each Lot shall share equally in the costs of
repair and mainUmance of all easement areas on the Real Property.
The Association shall determine the time and manner of repair and maintenance of the
easement areas, the time and manner' of payment therefore by the Lot Owners and all
other matters relating to the repair and maintenance of said easements.
ARTICLE VI
PARTYWALLS
6.1 DECLARATION OF RELATIONSHIP. The Party Walls shared by the Lot Owners
which were built as a part of the original construction of the Residences and which were
intended to be located on the common boundary line of the Lots that share such Party
Walls. All Party Walls are declared to be a Party Wall under the laws of the State of
Washington together with and subject to an easement for use by each adjoining Lot
Owner.
6.2. USE. Each Owner may use the Party Wall for any and all purposes that do not :interfere
with the use of the Party Wall by the other Owner. Notwithstanding the foregoing,
neither Owner may cut openings through the Party WaI4, do anything to impair the
structural integrity or strength of the Party Wall, or do anything to alter, damage, or
deface the exterior surface of the Party Wall located on the other Owner's Unit (whether
such exterior surface is on the inside or outside of the Unit).
6.3. ENCROACHMFNT. In the event arty portion of any adjoining Residence on any Lot
shall actually encroach upon the adjoining Lot, or if any such encroachment shall
hereinafter arise because of settling or shifting of the building structure or other cause,
Declaration of Covenants
there shall be deemed to be an easement in favor of the Owner of the encroaching Lot to
the extent of such encroachment so long as such encroachment shall exist.
6.4. REPAIR, MAINTENANCE. Each Owner shall maintain the portion of the Party Wall
located on their Lot and shall maintain all utilities serving their Lot that are located
within the Party Wall, if any. In the event that the structural components of the Party
Wall are damaged or destroyed, each Owner shall pay for one-half of the cost of the
repair or rebuilding of such structural components; provided that if the damage or
destruction occurs as a result of the negligence or willful misconduct of one Owner or the
invitee of an Owner then such Owner shall pay all of the costs of the repair or rebuilding
of the Party Wall. In the event that the Party Wall needs to be repaired or rebuilt, it shall
be repaired or rebuilt using the same standards or construction, and shall be the same size
and configuration of the Party Wall that exists immediately prior to the repair or
rebuilding except as provided in Section 6.5 hereof.
6.5. CHANGE OF S [Z.E OR CONFIGURATION. In the event that the Party Wall needs to
be repaired or wbuilt, the size, configuration, or standar& of construction of the Party
Wall may be changed upon the request of one Owner and the prior written approval of
the other Owner, which approval shall not be unreasonably withheld. In the event that
any such change- in size, configuration, or standards of construction results in a higher
cost than a repair or rebuilding of the Party Wall based upon the size, configuration, and
standards of construction that existed as of the date of this Declaration, then the Owner
requesting the change shall be responsible to pay all of the increased costs associated
with any such change. In the event that either Owner wishes to change the size,
configuration, or standards of construction of the Party Wall when the Party Well is not
in need of repair or rebuilding, such Owner may do so at its sole cost and expense with
the prior written approval of the other- Owner, which approval shall not be unreasonably
withheld.
6.6. PAYMENT. In the event that the Warty Wall is in need of repair or rebuilding, the
Owners shall attempt to agree on all aspects of the repair and rebuilding, including the
contractor to be used, the timing of the repair and rebuilding, and the allocation of costs
pursuant to Sections 6.4 and 6.5 hereof. In the event that the Owners cannot reach
agreement within 10 days from the date of the damage or destruction to the Party Wall
resulting in the need for repair or rebuilding, then either Owner may cause the repair or
rebuilding to be done and shall have the right to reimbursement from the other Owner for
such Owner's proportionate share of the costs of the repair and rebuilding, together with
interest at a floating rate of interest equal to the prime rate of Bank of America plus 3
percent per annum until such costs are: reimbursed in full. Either Owner shall submit any
dispute regarding payment or any other dispute with respect to the Party Wall to
arbitration as provided herein.
6.7. HOLD HARMLESS. Each Lot Owner shall indemnify and hold harmless the Owner of
any adjoining Lot for any labor or material liens arising from work done or material
supplied to make repairs or improvements for such Owner's Lot.
De4aration of Covenants 9
ARTICLE VII
MAINTENANCE
7.1 MAINTENANCE OF STRUCTURES & LANDSCAPING. Each Lot Owner has the
obligation and responsibility to maintain his/her Residence in good condition and repair.
Each Lot Owner shall neatly maintain, water and cultivate all trees, shrubs, flowers,
lawns and other landscaping located on such Owner's Lot. An Owner whose Lot abuts a
public right of way shall maintain the landscaping in the right-of-way as if it were a part
of said Owner's Lot. The Association may elect to maintain the lawns and landscaping
on the Lots as a common expense. The Association is granted an easement across each
lot for this purpose. If a Lot Owner fails to maintain his Residence in good condition and
repair, then the Association after notice and an opportunity to be heard is given to said
Lot Owner may undertake the work on behalf of said Lot Owner. The expense of this
work shall be deemed a special assessment due and payable by that Lot Owner and shall
constitute a lien on the Lot.
7.2 ROOFING AND WEATHER PROTECTION. Notwithstanding that a Lot Owner has the
primary duty to maintain and repair said Owner's Residence, the Association shall have
the primary duty to replace the roof, and repaint and/or replace the exterior siding and
painting of each Residence in accordance with the following provisions:
(a) Such roof replacement and exterior repainting and/or siding replacement for each
Residence shall be performed at such times as the Board of Directors of the Association
(the "Board") considers necessary to preserve and protect the appearance and condition of
the Residence as part of a systematic program based on the estimated useful life of each
Residence's roof and exterior paint.
(b) The cost of'replacing the roof, and repainting the exterior of each Residence shall be
borne by the respective Owner. However, the Board shall create and maintain from the
regular monthly assessments of such Owner a reserve fund for the estimated future cost
of such roof replacement and exterior repainting. The Board shall calculate the
contributions of said reserve fund so that sufficient funds are on deposit to pay the
estimated cost of such replacement and repainting at the end of the estimated useful life
of such roof and exterior painting. The reserve fund so created for each such Residence
shall be the primary source of payment of the actual cost of roof replacement and exterior
painting for such Residence. If, however, the reserve fund so created should at any time
provide insufficient funds, the Owner of a particular Residence shall be assessed for the
amount of such insufficiency. Although the reserve fluids so created for all homes may be
commingled in a single depository account, a separate ledger record shall be maintained
with respect to the reserve accumulated for each such Residence.
(c) Nothing herein shall prohibit the Board from requiring any Owner to perform the
maintenance and repair obligations imposed on the Association in Section 7.2. In the
Declaration of Covenants 10
event that the Board shall require an Owner to so perform, the Board shall nonetheless, in
its sole discretion, approve the persons who shall actually perform said work and the
methods and materials to be used. The Board may also promulgate such rules and
regulations pertaining to such work as it may desire and shall have the right to approve
and accept such work as having been performed in a first-class workmanlike manner. In
the event the Board shall reasonable refuse to accept such work, the Board may cause
said work to be modified or redone to the extent that it shall meet Board standards. Upon
approval of such work, the Board shall disburse such reserve funds as are necessary to
pay for said work and to assess the Owner for any deficiency
7.2.1. In the event of damage, deterioration or destruction of the roof, gutters or other
weather protection related improvements of a Lot Owner's Residence, the Association
shall promptly repair or replace the damaged, deteriorated or destroyed roof, or portion
thereof, with particular care and attention to damages which may be caused to the
adjoining Residence if such work is ignored, delayed or not accomplished in a timely and
efficient manner and repair all such damages, deterioration and destruction in a prompt
and workmanlike manner.
7.2.2. In the event any roofing, rain gutter or other weather protection related
Improvements are replaced; all replacement materials shall be comparable quality as the
existing construction and are selected from materials that closely approximate the
original color.
7.2.3. In addition to all duties described herein to maintain and repair the roof, the
Association shall be obligated to cause a new roof to be installed on the Residence on or
before each twenty fifth (2581) anniversary commencing July 11t, 2017. The Association
shall solicit at least three itemized bids for re -roofing the buildings from reputable
licensed building and/or roofing contractors doing business in Snohomish or King
County, Washington, 180 days before the expiration of said twenty fifth (251)
anniversary. The Association on behalf of the Lot Owners shall contract with the
contractor whom the Association selects. The cost of the re -.roofing shall be assessed
equally to each Lot Owner by the Association.
7.2.4. In addition to all duties described herein to maintain and repair the Residences,
the Association shall be obligated to repaint or re -stain the exterior of the building on the
Real Property before each tenth (101h) anniversary commencing July 1 st, 2017. The
Association solicit at least three itemized bids for repainting or re -staining the Residences
from reputable licensed painting contractors doing business in Snohomish or King
County, Washington, 180 days before the expiration of said tenth (loth) anniversary. The
Association shall contract with the contractor whom the Association selects. The cost of
the painting shall be assessed equally to each Lot Owner by the Association.
7.2.5. The color of any paint/stain or the color of any replacement or new roofing shall
be approximately the original color, unless the Lot Owners otherwise agree by a sixty-
seven percent (67%) vote.
Dedaration of Covenants 11
ARTICLE VIII
COST OF MAINTENANCE
8.1. INDIVIDUAL EXPENSES. The Association shall maintain the designated exterior
lighting ("Lighting System") to light the shared private road for all Owners, including the
replacement of light bulbs. Each Residence has an exterior light in front of or upon their
respective Residence that is designated as a part of the Lighting System, as shown and
described in Exhibit B to this Declaration, that the Association shall control and maintain.
These lights are connected to each Residence power. An Owner shall not turnoff,
disconnect, or otherwise in any way disrupt the Lighting System. The Association shall
make sure the Lighting System is functioning twenty-four hours a day, seven days a
week, per local regulations.
8.2. SHARED EXPENSES. The following expenses are indicative of the expenses that are
intended to be shared equally by all Lot Owners: (I) maintenance and repair of
improvements in the easement areas, (II) maintenance and repair of drainage and rain
garden retention system, (III) repainting/re-staining, (IV) re -roofing, and (V) private road
repairs and maintenance.
8.3. RATE OF SHARING OF EXPENSES. The Lot Owners at the uniform rate of one -
twelfth (1/12) per Lot shall pay all Shared Expenses. The Lot Owners share of the
expenses shall be an Assessment under Article IV of this Declaration and if unpaid
constitutes a lien under Article IV. Each lot owner shall also be personally liable for
payment of the expense.
8.4. DECISIONS. Decisions regarding maintenance shall be made by the Association.
8.5. EXTRAORDINARY USE — COSTS. In the event one or more Lot Owners should, by
their use of the Common Area or access or utility easements, cause the improvements in
such area to be subjected to other than reasonable wear and tear, and, should such
improvements in the Common Area or access or utility easements be damaged by such
use, the Lot Owner(s) subjecting such area(s) to such extraordinary use shall have the
obligation to repair such damage. Upon demand by the Homeowners Association to
restore said easement area(s) to the condition existent prior to such use, the Lot Owners
who subjected the improvements to such unreasonable wear and tear or if the lot owners,
their relatives, visitors and invitees cause damage to a Common Area shall cause the
repairs to be completed and pay for all such costs. If the Association conducts the repairs
then said lot owner(s) lot shall be specially assessed for the costs of repair.
Declaration of Covenants 12
ARTICLE IX
USE RESTRICTIONS
9.1. Residential Use. All Lots and Improvements located thereon shall be used, improved, and
devoted exclusively to single-family .residential use. No business of any kind shall be
conducted on any Lot with the exception of (a) the business of Declarant in developing
and selling all of' the Lots and (b) such home occupation which may be permitted by the
appropriate local government and which is not otherwise in violation of the provisions of
this Declaration. Day care and/or child care services and. businesses (either formal or
informal) are strictly prohibited.
9.2. Pam. Unless housed within a ganage or substantially screened from view from the
street or from the ground level of adjacent Lots in a manner reasonably approved by the
Homeowner's Association, in writing, no inoperable or unsightly cars or trucks,
recreational vehicles, house trailers, mobile homes, boats, commercial vehicles (except
pickup trucks of one ton or less), construction or like equipment, or trailers (utility, boat,
camping, horse, or otherwise), shall be allowed to be parked or stored on any Lot for a
period in excess of a total of 14 days in any calendar year. No goods, equipment or
vehicle (including buses, trailers, recreational vehicles, etc.) shall be dismantled or
repaired outside any building or residential lot. The Association may require removal of
any inoperative or unsightly vehicle;, and any other equipment or item not stored in
accordance with this provision.
9.3. Utilities. All utilities shall be installed underground. No fuel tank shall be maintained
above ground unless properly screened from view. Unless otherwise approved by the
Association, the cost of restoration of any yard landscaped area(s) disturbed by private
utility work shall be borne solely by the lot owner(s) so benefited by the utility work.
9A. Antenna. No visible radio or television antenna, satellite dish or other similar type of
exterior equipment shall be allowed on any Lot except a satellite dish antenna twenty-
four (24) inches in diameter or less. The locations of any such dish shall be subject to the
rules and regulations of the Board.
9.5. Garbage and Re0ase. No garbage, refuse, rubbish, cuttings, debris, inoperable vehicles,
equipment or waste of any kind shall be deposited on or left upon any Lot unless placed
in an attractive container suitably located and screened from the view of any other Lot
Owner. All equipment for the storage or disposal of such materials shall be kept in a
clean and sanitary condition. Garbage cans may only be placed in public view on the day
of garbage pickup. The proper removal and disposal of all such materials shall be the
sole responsibility of the individual Lot Owners.
9.6. Nuisances. No noxious or undesirable thing, or noxious or undesirable use shall be
permitted or maintained upon any Lot or upon any other portion of the Property. If the
Board of Directors determines that a thing or use is undesirable or noxious, that
determination shall be conclusive.
Declaration of Covenants 13
9.7. Clothes Lines, Other Structures. No clotheslines or other structures of a similar nature
shall be visible from the front street.
9.8. Livestock and Poultry. No animals, livestock, poultry or reptiles of any kind shall be
raised, bred or kept on the Property, except that dogs and cats, and other indoor
household pets may be kept provided that they are not kept, bred, or maintained for any
commercial purpose. No individual Lot owner shall keep more than two dogs.
9.9. Signs. No signs of any kind, nor for any uses shall be erected, painted, or displayed on
any building site in this subdivision whatsoever, except: public notice by a political
division of the State or County or as required by law, one professional sign of not more
than one square foot; any builder or the builder's agent may erect and display signs during
the period the builder is building and selling property in the subdivision, and any Lot
Owner or the Lot Owner's agent wishing to sell or rent that Owner's Lot may place a sign
not larger than five square feet on the property itself.
9.10 Games and Play Structures. No platform, dog house, playhouse or structure of a similar
kind or nature shall be constructed on any part of a Lot located in front of the rear line of
the residence constructed thereon. Basketball hoops shall not be allowed on the lots or
common areas. No portable basketball hoops shall be used, stored or located on any lot
or common area or upon the public streets adjacent thereto.
9.1.1 Exterior Appearance. In order to preserve the uniform appearance of the buildings, and
the Common Areas, particularly those visible to the public, the Association may require
and provide for the painting and finishing of the buildings, balconies, and prescribe the
type and color of the surfaces and finishes. It may prohibit, require or regulate any
modification or decoration of the buildings, balconies, including any such items as
screens, doors, awnings, rails or other portions of each structure on a lot and the building
visible from the exterior. The Board may regulate and control the items stored in or used
on the Lot in order to preserve the good appearance and condition of the entire
development. In addition, this regulatory power extends to the control of the color of
draperies and under -drapes or drape linings of each Unit. Except as provided herein, an
owner may not change the glass of his Unit without prior agreement of the Board.
9.12. Invalidation Not Affecting Remaining Provisions. Invalidation of any one of these
covenants by judgment or court order shall in no way affect any of the other provisions
that shall remain in full force and effect.
ARTICLE X
INSURANCE
10.1. Insurance —Waiver of Subro_ ag tion. Lot Owner has the primary duty to maintain
adequate fire or hazard insurance on each Lot Owner's Residence. Each Lot Owner shall
maintain, to the extent reasonably available, such fire or hazard insurance on their
Residence in an amount which, after application of deductibles, shall not be less than one
Declaration of Covenants 14
hundred percent of the actual cash value of the insured property at the time the insurance
is purchased and at each renewal date, exclusive of land, excavation, foundations, and
other items normally excluded from property policies, and which may, but need not,
include equipment, improvements and betterments within a home. The Board shall
nonetheless, in its sole discretion, have the authority to approve the policy so provided to
insure minimum compliance with this Section. The Lot Owner shall provide proof of
insurance annually to the Association. Each Lot Owner releases and waives their
respective right of recovery against the other Lot Owners and/or respective agents,
family members and invitees responsible for any loss covered by their Homeowner's
Insurance Policy and resulting from a casualty insured thereby. This waiver and release
also applies to the insurer's right of subrogation that might otherwise exist but for this
waiver.
ARTICLE XI
GENERAL PROVISIONS
11.1. Enforcement. Any Owner shall have the right to enforce, by any proceeding at law or in
equity, all restrictions, conditions, covenants, reservations, liens and charges now or
hereafter imposed by the provisions of this Declaration. Failure by any Owner to enforce
any covenant or restriction herein contained shall in no event be deemed a waiver of the
right to do so thereafter. In the event of such litigation, the prevailing grantee or grantees
shall be entitled to an additional award for all reasonable attorney's fees, court costs
and/or expenses incurred by them in any such proceeding.
11.2. Severability. Invalidation of any one of these covenants or restrictions by judgment or
court order shall in no way affect any other provisions, which shall remain in full force
and effect.
11.3. Amendment. The covenants and restrictions of this Declaration shall run with and bind
the land, and shall inure to the benefit of and be enforceable by the Owners of any Lot
subject to this Declaration, their respective legal representatives, heirs, successors and
assigns for a term of twenty-five (25) years from the date this Declaration is recorded,
after which time said covenants shall be automatically extended for successive periods of
five (5) years. The covenants and restrictions of this Declaration may be amended at any
time by an instrument signed by seventy-five percent (75%) of the Lot Owners. Seventy-
five percent (75%) of all Owners, by an instrument in writing, duly signed and
acknowledged by them within ninety (90) days before the expiration of said twenty-five
(25) year period or any successive five (5) year period, may terminate any or all said
covenants and restrictions. Any amendment or termination will become effective upon
recording with the Snohomish County Auditor.
ARTICLE XII
RESERVED DECLARANT POWERS
12.1 Amendment of Covenants. Declarant reserves the right to amend this Declaration as is
necessary in the opinion of Declarant so long as one of Declarants own a Lot(s) within
Declaration of Covenants 15
the plat. Each Lot Owner by accepting a deed for property in the plat is deemed to have
granted to Declarant an irrevocable power of attorney coupled with an interest to amend
this Declaration.
12.2. Control of Association. Declarants so long as they own any Lot within the plat reserve
the right to appoint and remove officers of the Association.
12.3. Termination. These reserved rights shall terminate when the Declarant no longer owns
any Lot within the plat. At time of termination, Declarant shall turn control of the
Association over to the Lot Owners.
IN WITNESS WHEREOF, the undersigned execute this Declaration this 1 day of
M A V 2018.
J
Edmonds 212 LLC, A Washington Limited Liability Company
By- -Zl�
Sam Lai, Memb
STATE OF WASHINGTON )
) ss
COUNTY OF SNOHOMISH )
I certify that I know or have satisfactory evidence that Sam Lai, member Edmonds 212
LLC signed this and on oath stated that they were authorized to execute the instrument and
acknowledged it to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Dated this 1?" day of I�1l�a�y , 2018.
NOTARY PUBLIC in and for
CATHERINE L DAVIS The State of Washington,
NOTARY PUBLIC Residing in elleyur
STATE OF V"HINGTON My appointment expires: I I ZIi Zo Z 1
COMMISSION EXPIRES
NOVEMBER 29, 2021
�....,,.,.._.---------
Declaration of Covenants 16
EXHIBIT A
LEGAL DESCRIPTON
The West 100 feet of the North 216 feet of Tract 4, Solner's Five Acre Tracts, according to the
plat thereof recorded in Volume 7 of Plats, Page 25, records of Snohomish County, Washington.
Situate in the County of Snohomish, State of Washington.
Declaration of Covenants 17
EXHIBIT B
COMMON LIGHTING
Declaration of Covenants 18