2014/04/23 Council Agenda Packet

and any encroachment due to building overhang or projection. There shall be valid easements for the maintenance of said encroachments so long as they shall exist,and the rights and obligations of Owners shall not be altered in any way by said encroachment; provided,however,that in no event shall a valid easement for encroachment be created in favor of an Owner or Owners if said encroachment occurred due to the willful act or acts with full knowledge of said Owner or Owners. In the event a Lot or common area is partially or totally destroyed, and then repaired or rebuilt,the Owners agree that minor encroachments over adjoining Lots and common areas shall be permitted,and that there shall be valid easements for the maintenance of said encroachments so long as they shall exist. The foregoing encroachments shall not be construed to be encumbrances affecting the marketability of title to any Lot. 12. DECLARATION/SURVEY AMENDMENTS. a.Owner Approval. This Declaration, and the Survey, may be amended only by vote or agreement of Owners of Lots to which at least sixty-seven percent(67%)of the votes in the Association are allocated. b. Recording. Every amendment to this Declaration and the Survey must be recorded in every county in which any portion of the Subdivision is located,and is effective only upon recording. c.Execution. Amendments to this Declaration and the Survey shall be prepared, executed, recorded, and certified on behalf of the Association by any officer of the Association designated for that purpose or,in the absence of designation,by the president of the Association. d. City Approval. Every amendment to this Declaration and the Survey must receive the prior written approval of the City. 13. SEVERABILITY. The provisions hereof shall be deemed independent and severable, and the validity or partial invalidity or enforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof if the remainder effects the common plan. 14. OTHER CONDITIONS. a. Development Plan Approval. Approval of the design and layout of the development was granted by the review of the development, as a whole, on the Parent Site by the development plan approval (project file number)." b. Subsequent Platting Actions. Subsequent platting actions, additions or modifications to the structure(s) may not create or increase any nonconformity of the parent site as a whole, and shall conform to the approved site development plan.1e c. Damage or Destruction. If a structure or portion of a structure has been damaged or destroyed, any repair,reconstruction or replacement of the structure(s)shall conform to the approved site development plan.19 d. Buildable Lots.The individual Lots are not separately buildable outside of the context of the approved development plan for the Subdivision and additional development of the individual Lots may be limited as a result of the application of development standards to the Parent Site. DECLARANT: LLC(A Washington limited liability company) By: Its: STATE OF WASHINGTON § COUNTY OF § On this day of ,20 , before me,the undersigned,a Notary Public in and for the State of Washington,duly commissioned and sworn,personally appeared , to me personally known (or proven on the basis of satisfactory evidence)to be the of LLC,the Limited Liability Company that executed the within and foregoing instrument,and acknowledged said instrument to be the free and voluntary act and deed of said Limited Liability Company,for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument was the free and voluntary act and deed of said limited liability company for the uses and purposes therein mentioned. WITNESS my hand and seal hereto affixed the day and year in this certificate above written. Signature of Notary NOTARY PUBLIC in and for the State of Washington,residing in My commission expires: Print Notary Name: EVERETT DECLARATION COVENANTS 4 ©J.C.Middlebrooks 2014