2.1 Lot Ownership; Exclusive Easements  The ownership of each Lot within the Development shall include one (1) Lot, one (1) membership in the association and all rights incidental thereto, and the exclusive easement or easements appurtenant to such Lot over adjoining Lots as described herein below and over the Common Area, if any, as described in the deed to such Lot or on a map of the Tract  Any conveyance, judicial sale or other voluntary or involuntary transfer of a Lot includes any exclusive easements or easements appurtenant to the Lot and in the Common Area   Any conveyance, judicial sale or other voluntary or involuntary transfer of the Owner's entire estate also includes the Owner's membership interest in the Association

 

2.2 Ownership of the Common Area  The Common Area shall be owned by the Association.  The Common Area shall be conveyed to the Association prior to or coincident to the first transfer or conveyance of a subdivision interest by the Declarant Membership in the Association through ownership of a Lot shall entitle and Owner, his family, guests and invitees to use the Common Area pursuant to the use restrictions contained herein, and in the Bylaws and Rules and Regulations of the Association.

 

2.3 Maintenance of Common Area  The Association shall maintain the Common Area as provided herein

 

2.4 Owner Non-Exclusive Easements of Enjoyment  Every Lot Owner shall have a non-exclusive easement of use and enjoyment in and to and throughout the Common Area of the Development, as well as a non-exclusive easement for ingress, egress and support over and through the Common Area   Each such easement shall be appurtenant to and pass with the title to every Lot, subject to the following restrictions

 

2.4.1 The right of the Association to limit the number of guests, and to adopt Association rules and regulations regulating the use and enjoyment of the Common Area

 

2.4.2 The right of the Association to borrow money for the purpose of improving the Common Area, subject to the approval of the majority of the total voting power of the membership residing in Members

 

2.4.3 The right of Declarant or its designees to enter upon the Development for purposes of construction of the Development and for purposes of making  repairs and remedying construction defects

 

2.4.4 The right of the Association, or its agents to enter any of the Lots in order to perform its obligations hereunder, which right shall be immediate in case of an emergency originating in or threatening such Lot, whether the Owner is present or not

 

2.4.5 The right of any Owner, or his representative, to enter the Lot of any other Owner for purposes of performing permissible installations, alterations or repairs to mechanical or electrical services, including installations of television cables, provided requests for entry are made in advance and that such entry is at a time convenient to the Owner whose Lot is being entered, and in the case of emergency, such right of entry shall be immediate

 

2 4 6 The right of access and entry to the Development, all buildings and structures for any official charged with carrying out the laws of the City of Kent, State of Washington, or the United States of America

 

2.4.7 In addition to the general easements for use of the Common Area reserved herein, there shall be, and Declarant hereby reserves and covenants for itself and all further Owners within the Development, nonexclusive easements appurtenant to all the Lots in the Development for vehicular and pedestrian traffic over the private streets and walkways within the Common Area, subject to the parking provisions set forth in Article 3, Section 3 5

 

2.4.8 In addition to the foregoing easements over the Common Area, there shall be, and Declarant hereby reserves and covenants for itself and all future Owners within the Development, easements for public services of the City of Kent, including, but not limited to, the right of the police and fire departments to enter upon any part of the Common Area for the purpose of carrying out their official duties

 

2.4.9 For so long as Declarant owns any Lot in the Development and for a period of three (3) years thereafter, Declarant hereby expressly reserves for its benefit, for the benefit of its agents, employees and contractors, and for the benefit of its successor and assigns, a non¬exclusive easement appurtenant to each Lot in, to and over the Common Area for access, ingress, egress, use and enjoyment, in order to show the Lot to prospective purchasers, or to development, market, sell, lease, repair, maintain or otherwise dispose of the Lot Declarant and its successors and assigns also reserves the right to construct a house of any design, location, color, architectural scheme or size on any Lot in the Development for a period of four (4) years thereafter

 

2.4.10 In addition to the foregoing easements over the Common Area, there shall be, and Declarant hereby reserves and covenants for itself and all future Owners within the Development, easements for public and private utility purposes, including, but not limited to, the right of any public utility or water district of ingress and egress over the Common Area for the purposes of reading and maintaining meters and using and maintaining fire hydrants located on the Common Area

 

2.5 Delegation of Use  Any Owner may delegate his rights of enjoyment in the Development, including any recreational facilities thereof, to the members of his family, his guests, and invitee, and to such other persons as may be permitted by the Bylaws of the Association rules and regulations, provided, however, that neither the Owner of a Lot who has sold the Lot to a contract purchaser thereof or has leased or rented the same, nor members of his family, his guests and invitee shall be entitled to delegate the rights of enjoyment in the same manner as if such contract purchaser, lessee or renter were the owner of such Lot during the period of his occupancy of such Lot   Each Owner shall notify the secretary of the Association of the names of all persons to whom such Owner, contract purchaser, lessee or renter has delegated any rights of enjoyment in the Development and the relationship which each person bears to such Owner, contract purchaser, lessees or renter Any rights of enjoyment delegated pursuant hereto are subject to suspension to the same extent that rights of Owners are subject thereto  No Owner may lease or rent less than an entire Lot nor put the Lot to time share uses or transfer it to a time-share estate  Any lease or rental agreement shall be required to provide that the terms of the lease or rental agreement shall be subject in all respect to the provision of the Declaration and the Bylaws and that any failure by the lessee or renter to comply with the terms of such documents shall be a default under the lease All leases and rental agreements shall be required to be in writing and for a term no less than thirty (30) days  Nothing herein shall be construed to prohibit an Owner from transferring his Lot into or holding title to his Lot in tenancy-in-common, joint tenancy, tenancy by the entirety, or as community property

 

2.6 Minor Encroachments  If any portion of the Common Area encroaches upon any of the Lots, a valid easement for such encroachment and for the maintenance of same as long as it remains shall and does exist, and pursuant to this Declaration, all Lots are made subject to such easements

 

2.7 Easements Granted by Association  The Association shall have a power of attorney to grant and convey to any thirty party, on behalf of any Owner of a Lot, easements and rights-of-way in, on, over and under the Common Area for the purpose of constructing, erecting, operating or maintaining thereon, therein, or thereunder, overhead or underground lines, cables, wires, conduits, or other devices for electricity, cable television, power, telephone and other purposes, public sewers, storm drains and pipes, water systems, sprinkling systems, water and gas lines or pipes, and any similar public or quasi-public improvements expressly consents hereto, provided, however, that no such easements may be granted if same would interfere with the use, occupancy or enjoyment by any Owner of a Lot, or any exclusive easements over the Common Area appurtenant thereof; if any