ARTICLE X: USE RESTRICTIONS
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Section 1. Residential Character or Property. The term "residential lots", as used herein, means all of the lots now or hereafter platted on the Properties or the additions thereto, with the exception of the common properties. No structures or buildings of any kind shall be erected, altered, or placed or permitted to remain on any residential lot other than in accordance with the applicable King County Planned Unit Development resolution or resolutions applicable to the Properties.
Section 2. Lot Size. No residential structure shall be erected or placed on any residential Lot which has a Lot area or an average width less than that provided for by the applicable King County Planned Unit Development resolution or resolutions applicable to the Properties.
Section 3. Business or Commercial Use of Property Prohibited. No trade, craft, business, commercial, or manufacturing enterprise or business or commercial activity of any kind shall be conducted or carried on upon any residential Lot, or within any building located on a residential Lot, nor shall any goods, equipment. Vehicles (including buses, trucks and trailers of any description) or materials or supplied used in connection with any trade, service, or business, wherever the same may be conducted, or any vehicles in excess of 6,000 pounds gross weight (including buses, trucks and trailers of any description) used for private purposes be kept, parked, stored, dismantled or repaired outside on any residential Lot or on any street within the property nor shall anything be done on any residential lot which may be or become an annoyance or nuisance to the neighborhood.
No lot or tract shall be used as a dump for trash or rubbish of any kind. All garbage and other waste shall be kept in appropriate sanitary containers for proper disposal. Yard rakings, such as rocks, lawn and shrubbery clippings, and dirt and other material resulting from landscaping work shall not be dumped into public streets or ditches. The removal and disposal of all such materials shall be the sole responsibility of the individual lot Owner. Should any individual lot Owner or contract purchaser fail to remove any such trash, rubbish, garbage, yard rakings and other such materials from his property or street and ditches adjacent thereto, within ten (10) days following the date on which notice is mailed to him by the Developer or the Association informing him of such violation, then the Developer or the Association may have said trash removed and charge the expense of removal to said lot Owner or purchaser. Any such charge shall become a continuing lien on the property, which shall bind the property in the hands of the then Owner or contract purchaser, and his successor in interest. Such charge shall also be a personal obligation of the one who is the Owner or contract purchaser of the lot involved of the date of remove. Such charge may be added to the maintenance assessment of the Lot or Dwelling Unit involved.
Notwithstanding anything in this Section 3 to the contrary, Declarant shall have the right to use residential lots and residences constructed thereon as model homes and sales offices so long as Declarant retains property in the Subdivision for sale to purchasers in the ordinary course of business.
Section 4. Residential Use of Temporary Structures Prohibited. No trailer, basement, tent, shack, garage, barn or other out-buildings or any structure of a temporary character erected or placed on the property shall at any time be used as a residence temporarily or permanently.
Section 5. Easements. There are hereby specifically reserved for the benefit of the Association, the Declarant, any applicable utility company, the lot owners in common, and each lot owner severally, as their respective interest shall obtain, the easements, reciprocal negative easements, and rights of way, as are identified hereinafter.
- Utility Easements. On each lot or the Common Property an easement is reserved under, over and upon said properties for all utility installations made by Declarant or approved by the board, and their maintenance, including but not limited to power, telephone, water, sewer, drainage, gas, etc., together with the right to enter upon the lots at all times for said purposes. Additional utility easements are reserved as shown on the recorded plan and others as required will also be recorded as will necessary easements required by governmental subdivision authorities.
- Easement for Roof Overhang and Repair and Maintenance of Walls Contiguous to Boundary Lines. Where a dwelling or garage has been constructed contiguous to the boundary line between lots, or between lots and Common Property, there is specifically reserved to each lot on which a dwelling or garage is located, upon the adjoining lots or Common Property as the servient tenement, for the benefit of the lot on which such dwelling or garage is located and the owner thereof as dominant tenement, an easement over, under, upon and through such servient tenement or tenements for roof overhang, if any, and at reasonable places for the performance during daylight hours of such work as may be necessary or advisable in connection with the maintenance, repair, restructuration of the dwelling or garage contiguous to the boundary, and an easement for ingress and egress to perform such work.
- There is reserved to the Declarant, the Association, their agents and servants, an easement in gross over each and every lot and Dwelling Unit in the development (all of which Lots and Dwelling Units shall constitute the servient tenement) for entry and access at reasonable times and places for maintenance of common areas and the exterior of dwelling and decorative screening and for the performance generally of their rights and duties as provided in this Declaration.
Section 6. Animals. No animal, livestock or poultry of any kind shall be raised, bred, or kept on any lot, except that of dogs, cats, birds, or other household pets may be kept if they are not kept, bred, or maintained for any commercial purpose, and that they shall not be kept in numbers or under conditions reasonable objectionable in a closely built-up residential community. Not lot owner shall cause, permit or allow any dog owned by or in his custody to roam, run, stray or be away from the premises of such owner or custodian and to be on any public way or common area in the subdivision or on the private property of another within the subdivision, unless such dog while away from such premises be controlled by a leash or chain not more than eight feet in length, such control to be exercised by such owner or custodian or other competent person. The Owner of any Lot, whose dog is found roaming, running or straying or being from owner's premises and not on leash as herein provided shall be obliged to pay to the Association for each such occurrence on amount to be determined by the Directors of the Association, which amount shall be a lien upon such owner's property and the personal obligation of such owner to be collected in the manner provided herein for the collection of maintenance assessments and charges.
Section 7. Signs. No signs shall be erected or maintained on any residential lot in the tract, except that not more than one approved FOR SALE or FOR RENT sign placed by the owner or by a licensed real estate broker, may be displayed on any lot. No signs are to be posted by owners other than the original builders expect for such for sale or for rent signs.
Section 8. Mortgages Protected. Nothing herein contained shall impair or defeat the lien of any mortgage or deed of trust now or hereafter recorded covering any lot or lots, but title to any property obtained as a result of foreclosure shall thereafter be held subject to all of the provisions herein.
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