FOR THE BENEFIT OF ALL OWNERS OF LAND IN EDELWEISS, THE EDELWEISS COMPANY (“grantor”) HAS CREATED THE EDELWEISS MAINTENANCE COMMISSION, AND HAS ESTABLISHED THE FOLLOWING PLAN AND COVENANTS.
- Membership in the Maintenance Commission: The owner of each lot in platted land now or hereafter subject hereto shall, by such ownership, be a member of the EDELWEISS MAINTENANCE COMMISSION (“Maintenance Commission”), a non-profit corporation formed under the laws of the State of Washington, and shall continue a member thereof while as owner, subject to the Articles and Bylaws of said corporation. “Owner” for purposed hereof is the person (or if more that one, then collectively) entitled by deed or real estate contract to the occupancy of a lot or lots in the platted land subject hereto.
- Assessments and lien: The Maintenance Commission is empowered to establish assessments upon lots in platted land subject hereto for the common benefit of such lots as to utilities, roadways, property protection, drainage, landscaping, insurance, improvement and payment of taxes upon common property and the holding of ownership or leasehold therein, or otherwise for common purposes, all as determined pursuant to the Articles and Bylaws for the Maintenance Commission. Such assessments shall constitute a lien upon each such lot as of the due date thereof, and such lien may be foreclosed by the Maintenance Commission in the same form and manner of procedure as the foreclosure of a real property mortgage lien under the laws of the State of Washington, each owner, and each party hereafter owning or claiming an interest in one or more lots within the platted land subject hereto, agreeing and recognizing that expenses of title examination and assurance, costs of attorneys of the Maintenance Commission, court costs and interest at 10% per annum shall be included with the amount of any delinquent assessments in the judgment for foreclosure of such lien. The authority to establish assessments and lien therefore against lots within plats subject hereto shall, as to each lot, first arrive when the same is first sold by deed or real estate contract from Grantor, its successors or assigns, as developer of a plat within the property described in Exhibit A to grantee or contract purchaser thereof. Assessments shall be assessed and collected on a fair and uniform basis as among lots subject thereto, subject only to such reasonable differential as may be established by the bylaws of the Maintenance Commission between improved lots and unimproved lots. Assessments shall constitute a lien as to each lot as the time that such assessments are levied by the Maintenance Commission, and such liens shall be superior to any and all other liens except first mortgage or deed of trust liens placed upon the lot for constructing a residence or other improvements.
- Land Use: Lots within the area now or hereafter subject hereto shall be utilized solely for the following purposes:
Zone A. Lots in platted land designated “Zone A” shall be used solely for single family residential use consisting of a single residential dwelling and such outbuildings (garage, no more than one guest cottage, patio structure) as shall be consistent with a permanent or recreational residence. All structures shall be of new construction and shall not be commenced until building permits from the appropriate public body have been obtained, together with architectural control approval as provided in paragraph 4 hereof. Construction shall be steadily prosecuted to completion, the exterior to be completed within twenty-four (24) months from commencement of construction. No trailers, mobile homes, tent houses or temporary structures shall be installed upon any lot in Zone A, except as necessary during active construction for temporary recreational use not to exceed 30 consecutive days.
Zone B. Lots is platted land designated “Zone B” shall be used solely for single family residential, camping, or recreational purposes only. All structures, equipment or shelters permanently affixed to the land or remaining on the land for a period of more than one year shall require advance approval of the Architectural Control Committee.
- Architectural Control Committee: No buildings or other permanent structures, equipment, or shelters (including fences or any man-made obstructions) shall be built or placed or thereafter altered on any lot until after the written plans and specifications thereof disclosing size, materials, locations, finish and elevations have been submitted to and approved by the Architectural Control Committee (“Committee”) provided for in the bylaws of the Maintenance Commission. Within thirty days after the submission of plans and specifications to the Committee, it may, by a majority vote thereof, and in writing approve or disapprove, or may conditionally approve, the plans and specifications so submitted. In such plans and specifications be so disapproved (or if conditionally approved, then unless the conditions thereof be complied with), the projected construction shall not be undertaken, or if undertaken in violation hereof, may be abated at any time by legal proceedings instituted by any party having an interest in the enforcement hereof as provided in paragraph 9 below. The Committee shall in good faith exercise discretionary approval and disapproval of plans and specifications on a basis of minimizing interference with enjoyment of nearby lots and of enforcing an improvement, use and occupancy of the platted area in a pleasing but not necessarily uniform combination of permanent residences and recreational homes and facilities.
- Easements, Roads and Common Property: By this declaration, Grantor confirms the granting and reservation of easements, the dedication of common roads and the designation of other common property, all as shown upon the Plat of Edelweiss No. 1, and all future plats subjected hereto. Grantor reserves to itself the right to transfer title to or to contract thereof or to lease the “common property” as designated upon plat or plats subject hereto, to the Maintenance Commission, and title to such property is reserved in Grantor until so transferred. Grantor further reserves to itself, and grants to the Maintenance Commission, the right to dedicate any and all streets and roads for public use.
- Nuisances or Offensive Use: No nuisance or offensive use shall be conducted or suffered as to lots subject hereto, nor shall there be kept animals or stock of any kind other than conventional domestic pets (provided that the Maintenance Commission may establish permissive rules for the maintenance of trained riding horses). All garbage and refuse shall be stored on the owner’s lot in sanitary containers and shall be regularly hauled by or for the owner to a public dump or other suitable site not within the area subject hereto.
- Utilities: Grantor shall provide streets and roads for access to all platted lots and adequate water and electric power facilities to serve all such lots. For so long as a community water system is available, no private well or individual water source shall be created or used for lots subject hereto, and service to such community water system shall be connected, at each lot owner’s expense. Each residence or permanent dwelling shall, before occupancy, be connected at owner’s expense with a septic tank and drain field approved by public authorities; provided that owner shall, at his own expense, install a chemical disposal unit on any lot not suitable for septic tank and drain field. Electric and telephone wires and facilities may be located in dedicated roads and streets or within common areas, and connection therewith shall be at owner’s expense. Easements with five feet of all lot lines are hereby reserved for drainage, water and power lines, and sewage pipes, storm sewers and utilities, including right of maintenance.
- Amendments: This Declaration of Edelweiss Plan and Covenants, as the same shall apply to Edelweiss No. 1 or any future plat subjected hereto, may be amended or terminated by a duly recorded amendatory declaration, signed and acknowledged by the owners (as said term is used herein) of at least 80% of the lots within any such platted area (each lot being entitled to one vote), provided that (i) no more onerous restrictions than those herein may be thereby put into effect as to such platted area unless the same be unanimously so approved by the owners of the lots within such platted area, (ii) the right of assessment and lien in favor of the Maintenance Commission as above provided may not be restricted or eliminated except as approved by resolution regularly adopted by the Board of Trustees of the Maintenance Commission, and (iii) the rights and interests of lot owners outside of such platted area in and to common areas within such platted area may not be restricted or eliminated.
- Enforcement: In the event of violation of the terms hereof, the Maintenance Commission or the owner of any lot subject hereto, may institute proceedings for abatement or injunction or for damages and reasonable costs of any such action in any court having jurisdiction of the property subject hereto, the Maintenance Commission and each lot owner being recognized to have a proper interest in the matters herein provided for, and the matters provided for herein being recognized as specifically enforceable.
- Dedication of Plats: Owners agree to join in the dedication of the plat of Edelweiss No. 1 or any future plats subject hereto within which his lot shall be situated, and to cooperate with the Grantor in every way in accomplishing the dedication of the plat or plats; provided, however, that the owner shall have no obligation to pay or contribute to the expenses of such platting.
- Severability: The provisions hereof are severable, and the invalidation of any part or parts hereof shall not thereby disqualify or invalidate the other provisions hereof which shall remain in full force and effect in accordance with their terms.
- Incorporation by Reference of Edelweiss Plan and Covenants: The Declaration of Edelweiss Plan and Covenants shall be deemed to be fully and sufficiently described and incorporated in any instrument or conveyance.
The Declaration of Edelweiss Plan and Covenants was recorded on July 18, 1968, under Auditor’s File No. 560469 in Okanogan County, Washington.