This Declaration of Covenants, Conditions, and Restrictions and Reservation of Easements is made by SSHI LLC, a Delaware limited liability company dba DR Horton ("Declarant"), as owner of the Property described below.

 

A. Declarant is the owner of certain real property located in the County of King, State of Washington, described in Exhibit A attached hereto and by this reference incorporated herein ("Property"). The Property is comprised of the real property legally described on Exhibit A and any other real property added by Amendment hereto or amendment of the Map. Declarant is developing the residential community ("Community") of Alicia Glenn on the Property in accordance with the Plat of Alicia Glenn ("Plat"), recorded under King County Auditor's File No. 20141730000246 and in accordance with the approved PRELIMINARY PLAT.

 

B. Declarant plans to develop, own and convey the Property subject to the covenants, conditions, restrictions and easements as hereinafter set forth and as set forth in the deed of Lots from Declarant to Owners of Lots in the Property.

 

C. Intentionally Omitted

 

D. Declarant hereby declares that all of the Property shall be held, leased, encumbered, used, occupied, improved, sold and conveyed subject to the following covenants, conditions, restrictions and reservations of easements, all and each of which are for the purpose of enhancing and perfecting the value, desirability, and attractiveness of the Property, in furtherance of a general plan for the protection of the Property. All and each of these covenants, conditions, restrictions, and easements are hereby imposed as equitable servitudes upon the Property. They shall run with the Property, and every portion thereof, shall be binding on all parties having or acquiring any right, title or interest in the Property, and every portion thereof, and their lessee, guests, heirs, successors and assigns, shall inure to the benefit of every portion of the Property and any interest therein, shall inure to the benefit of each Owner, and his heirs, successors and assigns, and may be enforced by the Owners, the Association and Declarant in accordance with the terms hereof. Acceptance of any portion of the Property shall be deemed acceptance of the terms and provisions of this Declaration.

The following words, when used in this Declaration and in any amendment hereto shall have the following meanings unless otherwise expressly provided herein or therein:

 

1.1 Intentionally Omitted

 

1.2 "Articles" shall mean the Articles of Incorporation of the Association which have been or will be filed in the office of the Secretary of State of the State of Washington, as such Articles may be amended from time to time.

 

1.3 "Assessment(s)" shall mean all assessments imposed pursuant this Declaration, including without limitation General Assessments, Capital Improvement Assessments, Special Assessments, Reconstruction Assessments, and Yard Maintenance Assessments.

 

1.4 "Assessment Period" shall mean a calendar year for General Assessments and Yard Maintenance Assessments, and such other period as determined by the Board for other Assessments.

 

1.5 "Association" shall mean Alicia Glenn Homeowners Association, a Washington non-profit corporation, its successors and assigns.

 

1.6 "Association Lien" shall mean a lien in favor of the Association imposed pursuant to this Declaration.

 

1.7 "Board of Directors" or "Board" shall mean the Board of Directors of the Association.

 

1.8 "Budget" shall mean the operating budget for the Association adopted pursuant to Section 4.3 below.

 

1.9 "Bylaws" shall mean the Bylaws of the Association, as adopted by the Board initially, as such Bylaws may be amended from time to time.

 

1.10 "Capital Improvement Assessment(s)" shall mean an Assessment imposed pursuant to Section 4.4 below.

 

1.11 "Capital Improvement Work" shall have the meaning ascribed to it in Section 4.4 below.

 

1.12 "Class" shall mean a class of Membership in the Association as described in Section 3.9 below.

 

1.13 "Close of Escrow" shall mean the date on which a deed conveying a Lot is Recorded.

 

1.14 "Committee" shall mean the Architectural Control Committee formed pursuant to ARTICLE 9 of this Declaration.

 

1.15 "Common Areas" shall mean all real property and Improvements: (a) owned or leased by the Association or owned in equal and undivided interest by the owners of the Lots; (b) in which the Association has an easement for access or maintenance (excepting easements for maintaining Lots) for the use, enjoyment, and benefit of the Members; (c) in which the Members have a right of control by any written instrument, including this Declaration, or by delineation and declaration of the same on the Plat; or (d) in which the Members of the Association have an undivided interest and shall exclude streets or other areas dedicated or conveyed to a governmental entity for public use. The Common Areas may be improved by certain common facilities and, if and when improved, shall include such common facilities. The Common Areas may include (where applicable, if and when improved) common greens and open space areas, including Improvements thereon, Street lights, Street trees and other landscaping, Signs, recreational, picnic and athletic facilities, pedestrian and hiking paths and trails, bicycle paths, private alleys, irrigation systems located in public rights of way, drainage and storm water detention areas and sewer, water, storm drainage, and other utility systems located on or in the Common Areas. The Common Areas shall include specifically (but without limitation) Tract B recreation space, Landscape Maintenance Easement Area (6.1(0)as shown on the Plat. The Declarant may add or subtract from the Common Areas during the Development Period by Amendment to this Declaration. If the Common Areas shown on the Map are different from those described herein, the Common Areas described on the Map shall be deemed to be the Common Areas unless this Declaration has been amended or modified and states that such amendment or modification changes the Common Areas shown on the Map.

 

1.16 "Common Expenses" shall mean all costs and expenses incurred by the Association, including, but not limited to, the following: (a) expenses of administration, maintenance, and operation, including, but not limited to, reasonable compensation to employees of the Association, (b) costs of repair, replacement and capital improvement of the Common Areas and any Improvements thereon, (c) premiums or deductibles for all insurance policies and bonds required or permitted by this Declaration, (d) all real property and other taxes and assessments on the Common Areas, (e) utility and service charges, (f) funding of reserves for anticipated operational shortfalls or for replacement of capital items, (g) funding of reserves for the replacement of the Common Areas and any improvements and community facilities therein, and start-up expenses and operating contingencies of a nonrecurring nature, (h) expenses payable under ARTICLE 4 below, (i) legal fees and costs, (j) the costs of recovering unpaid Assessments, including legal fees and other costs of foreclosure of an Association Lien, (k) fees for architectural services provided to the Committee, (I) expenses of administration, maintenance, operation, repair or replacement of landscaping performed by the Association or the Association's agent on the Owners' Lots, (m) costs payable under Section 3.5(b) below, (n) the cost of maintaining or repairing any storm water drainage system, and (o) any other costs and expenses determined from time to time as reasonably necessary by the Board, or as otherwise incurred by the Association pursuant to this Declaration.

 

1.17 "Declarant" shall mean SSHI LLC dba DR Horton, a Delaware limited liability company, its successors or assigns and any Person to which it has assigned, in whole or in part, any of its rights hereunder by an express written assignment.

 

1.18 "Declaration" shall mean this Declaration of Covenants, Conditions, and Restrictions and Reservation of Easements for Alicia Glenn, as it may be amended from time to time as provided herein.

 

1.19 "Development Period" shall mean the period of time from the date of Recording this Declaration until the Turnover Date.

 

1.20 "Development Rights" shall mean those rights of Declarant reserved in ARTICLE 2, ARTICLE 3, ARTICLE 8 and ARTICLE 14, and elsewhere in this Declaration. Declarant may exercise any and all Development Rights at any time during the Development Period in Declarant's sole discretion.

 

1.21 "Fence Requirements" shall mean the requirements for fences identified in Section 10.1(c) below, and attached as Exhibit B.

 

1.22 "General Assessment(s)" shall mean Assessments imposed by the Association pursuant to Section 4.3(a) below.

 

1.23 "Improvement" shall mean all structures and appurtenances thereto of every kind, whether above or below the land surface, including but not limited to, buildings (including Residences), garages, utility systems, walkways, driveways, parking areas, loading areas, landscaping items, swimming pools, sports courts, fences, walls, decks, stairs, poles, landscaping vegetation, irrigation systems, Streets, Signs, exterior fixtures, playfields and appurtenant facilities, recreational facilities, play structures, picnic structures and any other structure of any kind.

 

1.24 "Initial Working Capital Contribution" shall have the meaning ascribed to it in Section 4.11 below.

 

1.25 "Institutional Lender" shall mean one or more commercial or savings banks, savings and loan associations, trust companies, credit unions, industrial loan associations, insurance companies, pension funds or business trusts, including, but not limited to real estate investments trusts, any other lender regularly engaged in financing the purchase, construction, or Improvement of real estate, or any assignee of loans made by such a lender, or any private or governmental institution which has insured the loan of such a lender, including Federal Mortgage Agencies, or any combination of any of the foregoing entities.

 

1.26 "Lot" shall mean each separate parcel of the Property as shown on the Plat to be used for construction of a Residence and which is not a Common Area nor dedicated to the public. If any additional property is added to the Plat, each parcel comprised of a legal buildable lot which will be used for the construction of a Residence shall be considered a "Lot.

 

1.27 "Majority Vote" shall mean a vote of the holders of more than 50% of the total number of votes allocated to the Lots in accordance with Section 3.9 below, whether by Class or in the aggregate as so indicated.

 

1.28 "Map" shall mean the map(s) of the Property recorded with the King, Department of Records under Auditor's File No. 20141730000246 and any subsequent Maps of divisions of Alicia Glenn which are recorded.

 

1.29 "Member" shall mean every person or entity who or which holds a Membership in the Association, as provided in Section 3.7 below. "Membership" shall mean the status of being a Member.

 

1.30 "Mortgage"— "Mortgagee"— "Mortgagor." A Mortgage shall mean any recorded mortgage or deed of trust on a Lot. A Mortgagee shall mean any holder of a Mortgage and shall be deemed to include the beneficiary of a deed of trust. A Mortgagor shall mean the borrower under a Mortgage and shall be deemed to include the trustor or grantor of a deed of trust.

 

1.31 "Occupant" shall mean a lessee or licensee of an Owner or any other person or entity, other than an Owner, in lawful possession of a Lot, or a portion of a Lot, with the permission of the Owner.

 

1.32 "Owner" shall mean the Person(s), including Declarant, holding fee simple title of record to any Lot, including purchasers under executory contracts of sale and shall include "Co-Owners" as defined in Section 3.9(c). "Ownership" shall mean the status of being an Owner. The Declarant shall be an Owner until it sells the last Lot, but the Declarant shall not be liable for assessments and fees and may be expressly excluded from other obligations under this Declaration or the Association Articles and Bylaws.

 

1.33 "Participating Builder" shall mean a party that purchases unimproved Lots from the Declarant for the purposes of building Residences on such Lots, and offering such Residences for sale.

 

1.34 Intentionally Omitted

 

1.35 "Person" shall mean a natural individual, partnership, company, corporation or any other entity with the legal right to hold title to real property.

 

1.36 "Plans" shall mean plans and specifications as further described in Section 10.1 below.

 

1.37 "Plat" shall mean the Plat of Alicia Glenn described in A above.

 

1.38 "Property" shall mean all of the real property described in Exhibit A to this Declaration and all real property added by amendment of this Declaration and/or the Map.

 

1.39 "Prorata Share" shall mean, for any particular Owner and for any particular Assessment, an amount equal to the number of Lots owned by an Owner, divided by the total number of Lots subject to that particular Assessment.

 

1.40 "Reconstruction Assessment(s)" shall mean an Assessment imposed pursuant to Section 12.1 below.

 

1.41 "Record" or "File" shall mean, with respect to any document, the recordation thereof, and with respect to any map, the filing thereof, in the official Records of King County, State of Washington.

 

1.42 "Residence" shall mean a single family residential building which is constructed on a Lot, or each dwelling unit within a Townhouse or other structure with a Party Wall between dwelling units located at the common boundary between the Lots.

 

1.43 "Signs" shall mean any structure, device or contrivance, electric or non-electric, upon or within which any poster, bill, bulletin, printing, lettering, painting, device, or other advertising of any kind whatsoever is used placed, posted, tacked, nailed, pasted or otherwise fastened or affixed. 

 

1.44 "Special Assessment(s)" shall mean an Assessment imposed as a Special Assessment pursuant to any provision of this Declaration.

 

1.45 "Street" shall mean any public or private street, drive-way lane (if  located in a public right of way or Common Area), place or other thoroughfare either as shown on the Map or any recorded survey or plat of the Property, however designated, or as so used as a part of the Common Areas.

 

1.46 Intentionally Omitted

 

1.47 "Turnover Date" shall mean the earlier of (i) ten (10) years from the date hereof, or (ii) the date the last of the Lots has been conveyed by Declarant to another Owner; provided, however, that Declarant may accelerate the Turnover Date by recording a written notice surrendering Declarant's Development Rights arising under this Declaration.

 

1.48 "Working Capital Fund" shall have the meaning ascribed to it in Section 4.11 below.

 

1.49 Intentionally Omitted

 

1.50 Intentionally Omitted