DECLARATION
OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
BELMONT WOODS HOMEOWNERS' ASSOCIATION
THIS DECLARATION is made on the date hereinafter set forth by Belmont Estates, A Washington General Partnership ("Declarant"), who is the Owner of certain land situated in the state of Washington, county of King, known as Belmont Woods Division I, together with such additions as may be made to the property (as provided for below in Article I), which is more particularly described on the attached Exhibit" A. "In order to ensure preservation of the high quality residential environment at Belmont Woods, Declarant agrees and covenants that all land and improvements now existing or hereafter constructed thereon will be held, sold, conveyed subject to, and burdened by the following covenants, conditions, restrictions, reservations, limitations, liens and easements, all of which are for the purposes of enhancing and protecting the value, desirability and attractiveness of such lands for the benefit of all of such lands and the Owners thereof and their heirs, successors, grantees and assigns All provisions of this Declaration shall be binding upon all parties having or acquiring any right, title or interest in such lands or any portion thereof' and shall inure to the benefit of each Owner thereof and to the benefit of Belmont Woods Homeowners' Association and shall otherwise in all respects be regarded as covenants running with the land.
ARTICLE I
DEFINITIONS
For purposes of the Declaration and the Articles of Incorporation and the Bylaws of Belmont Woods Homeowners' Association, certain words and phrases shall have particular meanings as follows:
Section 1. "Association" shall mean and refer to Belmont Woods Homeowners' Association, its successors and assigns
Section 2. "Board" shall mean and refer to the Board of Directors of the Association, as provided for in Article X. For purposes of exercising the powers and duties assigned in this Declaration to the Board during the Development Period, this term shall also mean the "Temporary Board" or "Declarant" as provided in Article III unless the language or context clearly indicates otherwise.
Section 3. "Properties" shall mean and refer to the real property described with particularity in Exhibit "A" and such additions to that property which may hereinafter be brought within the jurisdiction of the Association
Section 4. "Additions to the Property" shall mean that Declarant, at its sole option shall have the right to subject to this Declaration additional property referred to as Tracts "I" and "K" of Belmont Woods which shall be composed of an additional 92 lots The Declarant reserves the right to change the number of lots in Tracts "I" and "K" or to add or subtract such additional parcels as it deems necessary to complete the development at Belmont Woods However, the Declarant is not bound to add any additional properties, nor is it bound to develop Tract "I". This provision shall not apply if more than ten (10) years have elapsed since the filing of the Declaration
Section 5. "Common Areas" shall mean and refer to all of the real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the members of the Association, The Common Areas to be owned by the Association at the time of the conveyance of the first Lot are described as follows:
- Tracts "A", "C", "F", "G" and "H"
Section 6. "Common Maintenance Areas" shall mean those portions of all real property (including the improvements thereto) maintained by the Association for the benefit of the members of the Association.. The areas to be maintained by the Association at the time of recording this Declaration are described as follows:
- All Common Areas as set fourth in Section 5 above.
- The landscaping and plat identification monument located at the intersection of SR 169 and SE 288th St lying within the designated landscape and/or signage easements and the adjacent right-of-way.
- The landscaping and entry monuments, if any, located within Tracts "G" and "H" or the designated landscape/signage easements at the intersection of SE 244th St and 234th Way SE and SE 234th St and 238th Place SE, and as extended out into the adjacent right-of-way.
- All cul-de-sac planters and median planters within the public right-of-way, if' any, within the public streets incorporated as part of the plat of Belmont Woods.
- The fence improvements around any part of the exterior plat boundary along SR 169, and also within Tracts" A", "C", "F", "G", and "H" open space areas (except those portions which abut Lots, in which case each respective homeowner win be responsible for maintenance), including the associated right of reasonable access for maintenance, repair, or replacement of said fence.
- Additional perimeter landscaping adjacent to Belmont Woods that may be located between the exterior fence along SR 169 and the public street sidewalk, if any, which incorporates landscaping improvements.
- The mailbox structures, including the mailboxes
Section 7. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties Common Areas and Common Maintenance Areas shall not be regarded as Lots As undeveloped property within the Association is platted in the future, each subsequently recorded building lot shall represent an independent "lot." Tracts of land undeveloped but approved for future subdivision shall be considered as one lot each until further subdivision takes place.
Section 8. "Declarant" shall mean and refer to Belmont Estates General Partnership, A Washington Limited Partnership.
Section 9. "Architectural Control Committee" shall mean and refer to the duly appointed or elected committee of the Board of Directors as outlined in Article XV of this Declaration, hereinafter referred to as the "Committee."
Section 10. "Development Period" shall mean and refer to that period of time as defined in Article III of this Declaration.
Section 11. "Plat" shall mean and refer to the Plat of Belmont Woods as recorded in the records of King County under Auditor's File No. 9308110391 (also as legally described on the attached Exhibit" A"),
Section 12. "Residence" shall mean and refer to buildings occupying any Lot.