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DECLARATION OF COVENANTS
<br /> (Everett Unit Lot Division)
<br /> [ENDNOTES—Citations to Everett Unit Lot Division Ordinance)
<br /> Unless otherwise modified by the City, the following Declaration Covenants must be placed either on the
<br /> Subdivision plat,or in a separate written document,recorded with the county auditor's office.
<br /> 1. DECLARATION. The undersigned Declarant, being sole Owner(s), lessee(s) or possessor(s) of the
<br /> Property described herein makes the following Declaration. By acceptance of a conveyance,contract for sale, lease,
<br /> rental agreement,or any form of security agreement or instrument,or any privileges of use or enjoyment,respecting
<br /> the Property or any Lot in the Subdivision of the Property, it is agreed that this Declaration,together with the Survey
<br /> thereof, states covenants, conditions, restrictions, reservations and easements effecting a common plan for the
<br /> Subdivision development mutually beneficial to all of the described Lots,and that the covenants,conditions,restric-
<br /> tions,reservations and plan are binding upon the entire Subdivision and upon each such Lot as a parcel of realty,and
<br /> upon its Owners or possessors, and their heirs, personal representatives, successors and assigns, through all
<br /> successive transfers of all or part of the Subdivision or any security interests therein,without requirement of further
<br /> specific reference or inclusion in deeds, contracts or security instruments and regardless of any subsequent
<br /> forfeitures,foreclosures,or sales of Lots under security instruments.
<br /> 2. COVENANT RUNNING WITH LAND. It is intended that this Declaration shall be operative as a set of
<br /> covenants running with the land, or equitable servitudes, binding on Declarant, its successors and assigns, all
<br /> subsequent Owners of the Property,together with their grantees,successors,heirs,executors,administrators,devises
<br /> or assigns.
<br /> 3. PERCENTAGE OF OWNERS OR MORTGAGEES. For purposes of determining the percentage of
<br /> Owners or mortgagees, or percentage of voting power for, approving a proposed decision or course of action in
<br /> cases where an Owner owns, or a mortgagee holds mortgages on, more than one (1) Lot, such Owner shall be
<br /> deemed a separate Owner for each such Lot so owned and such mortgagee shall be deemed a separate mortgagee for
<br /> each such first mortgage so held.
<br /> 4. CAPTIONS. Captions given to the various sections herein are for convenience only and are not intended
<br /> to modify or affect the meaning of any of the substantive provisions hereof.
<br /> 5. DEFINITIONS.
<br /> a. "Association" or"Homeowners'association" means a corporation,unincorporated association,or other
<br /> legal entity,each member of which is an Owner of an individual Lot within the subdivision.'
<br /> b. "Board" or "Board of Directors" means the body, regardless of name, with primary authority to
<br /> manage the affairs of the Association.'
<br /> c. "City"means the City of Everett.Washington.
<br /> d. "Common areas"means portions of the subdivision not subdivided for individual Lots or not dedicated
<br /> to the City as public streets,utility systems or other public areas or facilities.'
<br /> e. "Declarant"means any Party who executes as Declarant this Declaration
<br /> f. "EMC"means the Everett Municipal Code.
<br /> g. "Lot"shall have the same definition as under EMC Chapter 19.04.
<br /> h. "Lot,unit"or"Unit Lot"shall mean an individual Lot created within the boundaries of a"parent site"
<br /> and is applied exclusively to zoning classifications in which multiple family dwellings are a permitted use.4
<br /> i. "Mortgage" means a mortgage or deed of trust that creates a lien against a Lot and also means a real
<br /> estate contract for the sale of a Lot.
<br /> j. "Mortgagee" means the beneficial owner, or the designee of the beneficial owner, of an encumbrance
<br /> on a Lot created by mortgage or deed of trust and shall also mean the vendor, or the designee of a vendor,of a real
<br /> estate contract for the sale of a Lot.
<br /> k. "Owner" means the Owner of a Lot,but does not include a person who has an interest in a Lot solely
<br /> as security for an obligation. "Owner"also means the vendee,not the vendor,of a Lot under a real estate contract.5
<br /> 1. "Parent site"or"Site,parent"shall mean a property in zones in which multiple family dwellings are a
<br /> permitted use and in which a Lot may be subdivided into unit Lots;parent sites are located exclusively within zones
<br /> in which multiple family dwellings are a permitted use.6
<br /> m. "Survey" means the survey recorded in connection with the Subdivision and this Declaration and any
<br /> amendments,corrections,and addenda thereto subsequently recorded.
<br /> n. "Unit lot subdivision"means a subdivision of land authorized by the Everett Municipal Code Chapter19.15 as
<br /> an alternative to conventional subdivision processes of EMC Title 18.'
<br /> EVERETT DECLARATION COVENANTS 2 ©J.C.Middlebrooks 2014
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