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| DECLARATION OF Grantor:
WHEREAS, Declarant is owner of certain real property in the Town of Winthrop, Okanogan County, Washington, as further described in Exhibit A hereto attached and incorporated herein by this reference, herein the Property, and further described as the plat of North Village Planned Development, WIN PD 06-1, as the same will be recorded with the Auditor of Okanogan County, Washington; and WHEREAS, the Declarant has and is developing the Property and dividing the same into separate lots, roads, trails and common areas, and has or will construct thereon certain community improvements including roadways and utilities, all pursuant to a planned development application and program as approved by the Town of Winthrop, Washington and known as North Village Planned Development; and WHEREAS, Declarant intends to protect and encumber the Property with mutually beneficial restrictions for the benefit of all of the lots of the Property and the owners thereof, to protect and enhance the natural environmental features of the Property and to assure that the buildings and improvements thereon shall blend with the environment and create an harmonious and attractive residential neighborhood sensitive to the unique beauty and climate of the Methow Valley, to preserve and protect the values and amenities of the Property, and to provide for the Winthrop North Village Property Owners Association, as a Washington nonprofit mutual corporation with the Declarant and all lot owners of the lots of the Property as members therein, to have certain ownership, management, administrative and maintenance responsibilities for the Property and the common improvements thereto. NOW, THEREFORE, Declarant hereby declares and covenants as follows: ARTICLE 1- 1.1 “Assessment” shall mean that portion of the cost of maintaining, improving, repairing, operating, and managing the common property which is to be paid by each lot owner as determined by the Association under this Declaration. 1.2 “Association” shall mean and refer to the Winthrop North Village Property Owners Association, a Washington nonprofit corporation, the members of which shall be owners of the lots in North Village P.D. 1.3 “Board” or “Board of Directors” shall mean and refer to the governing body of the Association. 1.4 “By-Laws” shall mean and refer to the By-Laws of the Association as amended from time to time. 1.5 “Committee” shall mean the Design Review Committee as established pursuant to Section 6 of this Declaration. 1.6 “Common Expenses” means and includes the actual and estimated expenses of administration of the Association, and of the maintenance, repair, or replacement of those parts and portions of the Property for which the Association is responsible, and any reasonable reserve, for such purposes as found and determined by the Board and all sums designated common expenses by or pursuant to the project documents. 1.7 “Common Property” shall mean and refer to the roads, common utility lines, pipes, poles and appurtenances, the pedestrian and utilities bridge, the trails and the open space areas, together with any improvements constructed, or to be constructed thereon, as set forth on the plat of the Property. 1.8 “Covenants” shall mean and refer to this Declaration of Covenants, Conditions and Restrictions, and as the same may be amended or supplemented from time to time specifically referring to this document, and all of the covenants, restrictions, terms and conditions as set forth therein. 1.9 “Declarant” shall mean and refer to North Village Partners, LLC, and its successors-in-interest and assigns with respect to the property, but shall not include members of the public purchasing Lots in North Village P.D. 1.10 “Declaration” shall mean and refer to this Declaration of Covenants, Conditions and Restrictions, as it may be amended from time to time. 1.11 “Design Requirements and Guidelines” shall mean the document or documents governing the development within the PD as initially adopted by the Declarant and as may be amended from time to time by the Association. 1.12 “Dwelling” shall mean and refer to any residential structure (and appurtenant improvements) constructed, or to be constructed, upon any individually owned lot in North Village P.D. 1.13 “Improvements” shall mean all buildings, dwellings, structures, parking areas, fences, walls, hedges, plantings, driveways, recreational facilities, signs, changes in any exterior color or shape, erection of antennae or satellite dishes or solar panels, excavation, and all other site work, including without limitation, grading, road construction, utility improvements, removal of trees or plantings, and any new exterior construction or exterior improvement which may not be included in the foregoing, including both original improvements and all later changes and improvements. Improvements shall not include turf, shrub or tree maintenance or replacement. 1.14 “Lot” shall mean and refer to any particular and separately designated parcel of land resulting from the platting of the property according to the Plat, designated as such able to be sold or held for sale to members of the general public. The term Lot shall not, however, include Common Property. 1.15 “Maintenance Fund” shall mean the fund created by Assessments and fees levied pursuant to Article 5 below to provide the Association with the funds required to carry out its duties under this Declaration. 1.16 “Member” shall mean and refer to a person entitled to membership in the Association as provided herein. 1.17 “North Village P.D.” and/or “P.D” shall mean and refer to the entire Property, including all structures and improvements erected, or to be erected thereon, and sometimes referred to herein as the “Project.” 1.18 “Open Space” shall refer to those portions of the Common Property designated as “Open Space” on the Plat, and intended to remain essentially in their natural condition. 1.19 “Owner” or “Lot Owner” shall mean and refer to the record owner, or holder of fee or equitable title to a lot in the PD. This shall include any person having a fee simple title to any lot, but shall exclude persons or entities having any interest merely as security for the performance of any obligation. Further, if a lot is sold under a contract of sale (which contract or notice thereof is recorded), the contract purchaser, rather than the fee owner, shall be considered the “Owner.” 1.20 “Plat” shall mean and refer to the Plat of North Village Planned Development, as the same shall be recorded with the Okanogan County Auditor. 1.21 “Project Documents” means and includes this Declaration as it may be amended from time to time, the exhibits attached hereto, the Planned Unit Development Plat, the Articles of Incorporation and By-Laws of the Association, and Development Agreement or PD Agreement (if any) recorded with the Okanogan County Auditor, the Design Requirements and Guidelines, and the rules and regulations for the members as established from time to time. 1.22 “Property” or “Properties” means and includes the real property covered by this Declaration (North Village Planned Development), and all improvements erected thereon and all property, real, personal or mixed, intended for or used in connection with the North Village P.D. 1.23 “Town” shall refer to the Town of Winthrop, in Okanogan County, Washington, being the jurisdictional location of the Property. ARTICLE 2 2.1 The covenants, restrictions, reservations and conditions contained
in the Covenants shall be operative as a set of covenants running
with the land, or equitable servitudes, shall be binding upon the
Property and each portion thereof, and on all Lot Owners, lenders,
tenants, and other occupants of the Lots, together with their families,
guests, grantees, successors, heirs, executors, administrators, devisees
and assigns, and every other person acquiring or owning an interest
in a Lot or any part thereof. All Lots shall be held, conveyed, encumbered,
used, occupied, improved, leased, subleased and rented subject to
the covenants, conditions, restrictions, easements and reservations
contained in the Covenants. Acceptance of an interest in a Lot shall
be deemed acceptance of the terms and provisions of the Covenants. ARTICLE 3 3.1 Use and Enjoyment: Each Lot Owner shall have the rights to the exclusive use and enjoyment of his/her Lot subject only to the provisions of the Town of Winthrop zoning code and in the other Project Documents, and the covenants, conditions and restrictions of the Covenants. Additionally, every Lot Owner, his family, lessees, guests, and invitees shall have a right and easement of enjoyment in and to the Open Space and Common Areas which shall be appurtenant to and shall pass with the title to every Lot, subject to reasonable rules and restrictions made from time to time by the Association. 3.2 Easement of Encroachment: Every Lot Owner, his/her family, lessees,
and invitees shall have a reciprocal appurtenant easement of encroachment
as between each Lot and such portion or portions of the Common Area
adjacent thereto, or as between adjacent Lots due to the unwillful
placement or settling or shifting of the improvements constructed,
reconstructed or altered thereon (in accordance with the terms of
the restrictions) to a distance of not more than five (5) feet, as
measured from any point on the common boundary between each Lot and
the adjacent portion of the Common Area or as between said adjacent
Lots, as the case may be, along the line perpendicular to such boundary
at such point; provided, however, that in no event shall an easement
for encroachment exist if such encroachment occurred due to willful
conduct on the part of a Lot owner, tenant or the Association. 3.4 Maintenance Easement: An easement is hereby reserved to the Declarant, and granted to the Association, and any member of the Board of Directors, and their respective officers, agents, employees, and assigns, upon, across, over, in, and under the Lots, and a right to make such use of the Lot, as may be necessary or appropriate to make emergency repairs or to perform the duties and functions which the Association is obligated or permitted to perform pursuant to the Project Documents, including the right to enter upon any Lot for the purpose of enforcing any provision of this Declaration or other Project Documents. 3.5 Partition or Combination of Lots. No part of a Lot may be partitioned
or separated from any other part thereof. No Lot may be combined with
any other Lot except as provided in this Section. Two or more contiguous
Lots may be combined into one, only with the written consent of Declarant
in its sole discretion (or of the Association after the termination
of Class B membership) and full compliance with all applicable state
and town zoning codes and regulations. Declarant’s or the Association’s
consent shall be conditioned upon payment by the Owner or Owners concerned
of all expenses incident to giving the consent, including legal and
accounting fees. Every agreement and recorded instrument for combination
of Lots shall make adequate adjustment of voting rights and liability
for payment of Assessments appurtenant to or imposed on such Lots.
Whether combined or unchanged, each Lot shall be conveyed, transferred,
gifted, devised, bequeathed, encumbered, or otherwise disposed of,
as the case may be, with all appurtenant rights and interests created
by law or by this Declaration, including the Owner’s membership
in the Association and the right to use the Open Space, and with the
appropriate adjustments to the voting rights, as provided in this
Declaration, and liability for Assessments as established for such
Lot by the Board of Directors being made as applicable. |