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DECLARATION OF PROTECTIVE COVENANTS
FOR THE FIRST PLAT OF SUNSHINE ACRES
Dated: February 6, 1965
Auditor's File No. 353905
(1) Building
Restrictions and Limitations: For the purpose of brevity, all
lots in Block "A", all lots in Block "B", Lots 1 and 21 in Block "C:',
Lots 1, 2 and 19 in Block "D", and all of Block "E" are herein-after referred
to as "Class A" lots; Lots 2 to 20, inclusive, in Block "C" and Lots 3
to 18, inclusive, in Block "D" are hereinafter referred to as "Class B"
lots.
All lots or tracts
in First Plat of Sunshine Acres shall be designated as "Residence Lots",
and shall be used for single family residential purposes only.
No building shall
be erected, placed or altered on any "Class A" lot in said Plat unless
it shall contain an enclosed floor area of not less than seven hundred (700)
square feet. No building shall be erected, placed or altered on any "Class
B" lot in said Plat unless it shall contain and enclosed floor area of not
less than four hundred (400) square feet. The minimum floor areas hereinabove
provided shall be exclusive of garage, plane hangar, open entries, porches
and patios, and outbuildings.
On "Class A" lots
no buildings shall be erected, placed or altered which shall not have
a value equal to Ten ($10.00) Dollars for each square foot of floor space
therein contained. On "Class B" lots no building shall be erected, placed
or altered which shall not have a value equal to Six ($6.00) Dollars for
each square foot of floor space therein contained. The minimum values per
square foot hereinabove provided shall be exclusive of garages, plane hangars,
outbuildings, open entries, porches and patios.
No structure shall
be erected, altered or placed on the said Plat which shall serve as other
than a single family dwelling unit, EXCEPTING ONLY that quarters for servants
for the single family in ownership or occupancy may be included within
such structures.
On "Class A" lots no structure
shall be erected, altered or placed unless it shall be of sound, conventional
double wall or masonry construction, or equal, excepting only garages, plane
hangars, garden houses and service buildings, and no building shall be erected,
altered or placed on any lot unless the same shall conform in all respects
to currently accepted standards of workmanship and, materials pertaining
to first-class residential construction.
On
"Class B" lots no structure shall be erected, altered or placed unless
it shall be of sound construction with exterior finish acceptable to the
Architectural Committee.
The work of construction
of all buildings and structures shall be prosecuted diligently and continuously
from commencement of construction until exteriors of such buildings and
structures are completed and painted or otherwise suitably finished within
twelve (12) months from commencement of construction.
On "Class A" lots,
except during the erection of the permanent residence, no temporary buildings,
structures or trailers of any kind shall be erected or maintained. No
building shall ever be placed or erected on said "Class A" lots which
is comprised in whole or in part of a house trailer or mobile home converted
to permanent location thereon unless approval of the entire structure
planned or proposed is first obtained from the Architectural Committee.
On "Class B" lots house trailers may be placed and used as permanent
residence provided approval of the trailer, its placement on the lot and
service connections are first obtained from the Architectural Committee.
No outbuilding
shall be erected or placed upon any lot in said Plat except garages, plane
hangars, greenhouses and garden houses, and any such outbuilding shall not
be located in any manner which shall. in any way violate the limitations
on set-backs hereinafter provided.
All gas and oil tanks, or tanks of any description, shall be com-pletely
buried below the surface of the grade of the lot, save and except L.P.
Gas container not in excess of twenty-five (25) gallon capacity and stove
oil containers not in excess of fifty-five (55) gallon capacity, it being
provided that no user shall maintain more than one of such exposed tanks
per residence.
On "Class A" lots
no fence, hedge or barrier shall be erected which shall exceed four (4)
feet in height.
All septic tanks and sewage disposal systems within the platted area
shall he maintained in a manner consistent with the standards of the Olympic
Health District and its successors.
(2) Utility
Lines: On Blocks "A", "B" and "E"", and upon roads adjacent thereto,
all water lines, telephone lines, electrical power lines, gas lines, or
utility lines of whatsoever kind, whether on private lots, roads or areas,
or on public roads or areas, or on lands owned in common, or in areas platted
for utility easements, shall be installed and maintained underground,
EXCEPTING ONLY that such transformers, hydrants and other service points
and connecting terminals may be installed at ground level where such installation
is necessary and convenient to the utility operator or user.
(3) Height
Limits: On "Class A" lots no building shall be constructed which
shall exceed a height, at any point of the building, of more than sixteen
(16) feet above the highest point of the normal grade of the lot at the
location of the structure, EXCEPTING ONLY that the highest point of any
chimney, stack or flue shall not exceed twenty (20) feet above such point.
(4) Set-back
Limits: No building shall be erected or maintained on any
lot in such manner that any part thereof shall he nearer than thirty (30)
feet from any front lot line, nor nearer than fifteen (15) feet from any
side or back lot line, nor nearer than fifty (50) feet from a line adjacent
to the airstrip. It is further provided that any lot line adjacent to a
road shall be deemed a front line of the lot. In the event that an area
in excess of one lot shall he held and owned by a single owner of the lot
line for the purposes of this paragraph shall be the boundary lines of the
property thus held, PROVIDED that subsequent sales of property in said
area shall not operate to permit the existence of any building nearer to
the boundary line than otherwise herein permitted.
(5) Sanitation:
All garbage containers in said Plat shall be of a type and kind
accepted and approved by the Olympic Health District or its successors,
and no garbage shall be suffered to be stored in the platted area except
in such containers.
No building, structure or trailer
shall be occupied for dwelling purposes unless and until said building,
structure or trailer shall he connected to a water supply and a septic
tank or sewage disposal system approved by the Olympic Health District
or its successors.
(6) Noxious
Use of Property: No noxious, illegal or offensive use of
land shall be carried on or permitted upon any lot or lots, nor shall anything
be done thereon which may be or become an annoyance or nuisance to the
neighborhood.
(7) Signs
and Billboards: No signs or billboards of any description,
except public notices required by law, shall be erected or displayed upon
any lot or road in said Plat excepting usual and ordinary name and address
signs and one "for sale" sign of not more than two (2) square feet in area
and located not less than twenty-five (25) feet from any street. It is
provided, however, that SUNSHINE ACRES, INC. or its successors, agents and
assigns may erect and display signs without restriction in said Plat during
the period of sales by SUNSHINE ACRES, INC.
(8) Limitation
on Numbers of Dwellings: Not more than one single
family dwelling unit shall be constructed upon any lot in the said Plat
and no lot therein shall be divided in such manner that a tract of land
consisting of less than ten thousand (10,000) square feet shall be used
or utilized for the construction of more than one single family residential
unit as hereinabove provided. In no event shall a variance from the setback
provisions herein above set forth be permitted.
(9) Dedicated
Areas Platted for Utility Easements: All areas of said Plat
which are platted for utility easements or otherwise reserved for that
purpose are dedicated for the installation, maintenance and operation of
all types of utilities distribution and service to lot owners within the
Plat, all subject to the general restrictions contained in Paragraph (2)
hereof and limited to the ,purpose of serving the several owners within
the Plat and subject to the regulation and control of the then regulatory
authority of such utilities. All such utilities easements shall at all
times remain clear of obstacles for the purpose of permitting the use of
the same by service and utility vehicles and personnel, but such easements
are not intended for and shall not be used as a general access way.
(10) Architectural
Committee Approval: No building or structure of any kind,
including trailers, shall be erected, placed or altered on any lot or
lots in the said Plat unless and until written approval of a majority of
the Architectural Committee hereinafter provided shall he endorsed on the
plans of such building or structure. The Architectural Committee hereinabove
mentioned shall consist of three (3) members: one of whom shall be designated
by SUNSHINE ACRES, INC., or its successors; one of whom shall be designated
by the lot owner seeking approval of his plans; and one who shall be designated
by the owners of a majority of the lots in the said Plat. It shall be the
duty of said Committee to act in the best interest of the several lot owners
of the First Plat of Sunshine Acres and of SUNSHINE ACRES, INC., the
developers of said Plat, and the Committee shall have the authority to approve
or disapprove of which plans, having regard for the protection of property
values within the Plat, structural soundness of the building, the sightliness
of the proposed structure and its conformity to the other protective covenants
contained herein. Nothing provided in this covenant shall in any way serve
to permit a waiver or violation of any other covenant or covenants herein
contained.
(11) Animals:
No hogs, cattle, horses, sheep, goats, poultry or similar livestock shall
be permitted or Maintained on said Plat at any time. Household pets shall
be permitted so long as they are confined to the property of the owner
of said pets.
(12) Term
of these Protective Covenants: These covenants shall run with
the land perpetually and shall be binding on all parties and all person
claiming under them, EXCEPTING ONLY that these covenants may be changed
in whole or in part at any time upon the express concurrence of the owners
of sixty-five (65) percent of all lots in the First Plat of Sunshine Acres.
(13) Violation:
If the parties hereto or any of them, their heirs, assigns or successors
in interest, shall violate or attempt to violate any of the covenants
herein contained it shall be lawful for any other person or persons owning
any real property situated in said Plat, or having a vendee's interest under
a Real Estate Contract to purchase any real property situated in said Plat,
to prosecute a proceeding at law or in equity against the person or persons
violating or attempting to violate any such covenants and either to prevent
him or them from so doing or to recover damages arising from such violations.
(14) Invalidation:
Invalidation of any of these covenants by a judgment of any court ot competent
jurisdiction shall in no wise affect any of the other provisions, which
shall remain in full force and effect.
AMENDMENTS TO THE PROTECTIVE COVENANTS RECORDED
OCTOBER 5, 1985
AMENDMENT To The Protective Covenants of Plats One,.
Two, Three, Four, Five and the Industrial Plat of Sunshine Acres.
WHEREAS: Each of Plats One, Two, Three, Four, Five and the Industrial
Plat of Sunshine Acres contain Protective Covenants, and;
WHEREAS: Each of the aforementioned plats contain in those Protective
Covenants a provision to the effect that they may be changed in whole or
in part at anytime upon the express concurrence of the owners of sixty-five
(65%) percent of all lots in each plat, and;
WHEREAS: The following addition to the covenants was submitted
to each owner of record of each lot in Plats One through Five and the Industrial
Plat:
"All property owners shall be members of the Sunshine Acres
Property Owners Association, a non-profit corporation, organized October
28, 1980. All property owners shall maintain current member-ship therein
and hereby agrees that Sunshine Acres Property Owners Association shall be
the sole representative in all community matters." and;
WHEREAS: The owners of record of at least 65% of the lots in
each of said Plats One, Two, Three, Four, Five and the Industrial Plat have
expressly concurred in the addition of the covenant set forth-above, and;
WHEREAS: Detailed records of the submission of the additional
covenant to the lot owners and their responses thereto are maintained
in the files of the Sunshine Acres Property Owners Association, a non-profit
corporation, and are available for inspection.
NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS:
That the protective covenants of each and every lot in Plats One,
Two, Three, Four, Five, and the Industrial Plat in Sunshine Acres are amended
to include the following:
"All property owners shall be members of the Sunshine Acres
Property Owners Association, a non-profit corporation, organized October
28, 1980, All property owners shall maintain current membership therein
and hereby agrees that Sunshine Acres Property Owners Association shall
be the sole representative in all community matters.
On this day personally appeared before me Jack W. Anderson, Donald
C Pridham, Bill Barth, Margie Boutelle, Weir Chapin, Mary Davidison, Marnie
Reynolds, Jim Landreth and Dorothy C. Willis, to be known to
be the individuals described in and who executed the within and foregoing
instrument and acknowledged to me that they signed the same as their free
and voluntary act and deed for the purpose therein mentioned.
Given under my hand
and official seal this 5th day of October, 1985
Original signed
by Marion H. Grew
Notary Public
in and for the State of Washington, residing at Sequim, Washington