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DECLARATION OF PROTECTIVE COVENANTS FOR THE
SECOND PLAT OF SUNSHINE ACRES
KNOW ALL MEN BY THESE PRESENTS:
That SUNSHINE ACRES, INC., a "Washington corporation, doing business
at Gardiner, Washington, who has heretofore platted the Second Plat of
Sunshine Acres, situated in the County of Clallam in the State of
Washington and recorded in Volume 6 of Plat 3, Page 19, does hereby
certify and declare that the restrictions, limitations and conditions hereinafter
set forth have been and are hereby established with respect to all lots
and tracts in said Second Plat and
That all restrictions, limitations
and conditions hereinafter set forth shall be observed by and be binding
upon each buyer, personal representatives, grantees and successors in
interest, and the same represent all understandings with each sale made
by SUNSHINE ACRES, INC. of tracts in said Second Plat of SUNSHINE
ACRES.
(1) Building Restrictions and Limitations:
(a) All
lots or tracts in Second Plat of Sunshine Acres shall be designated as
"Residence Lots", and shall be used for single family residential purposes
only.
( b) No
building shall be erected, placed or altered on any lot in said Second
Plat unless it shall contain an enclosed floor area of not "less than
four hundred (400) square feet. The minimum floor areas hereinabove
provided shall be exclusive of garage, plane hanger, open entries, porches
and patios, and outbuildings.
(c) 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 hangers, outbuildings, open entries, porches
and patios.
( d) No
structure shall be erected, altered or placed on the said Second 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.
(e) No structure
shall be erected, altered or placed unless it shall be of sound construction
with exterior finish acceptable to the Architectural Committee.
(f) 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.
(g) House
trailers may be placed and used as permanent residence provided approval
of the trailer, its placement on the lot end service connections are first
obtained from the Architectural Committee.
(h) No outbuilding
shall be erected or placed upon any lot in said Second Plat except garages,
plane hangers, greenhouses, garden houses and service 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.
(i) All
gas and oil tanks, or tanks of any description, shall be completely 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.
( j) All
septic tanks and sewage disposal systems within the platted area shall
be maintained in a manner consistent with the standards of the Olympic
Health District and its successors.
(2) Set-back Limits:
(a) No building
or structure shall be erected or trailer maintained on any lot in such
manner that any part thereof shall be nearer than thirty (30) feet from
any lot line, nor nearer than fifteen (15) feet from any side or back lot
line. 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 be held and owned by a single owner 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.
(3) Sanitation:
(a) All
garbage containers in said second 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.
(b) No building,
structure or trailer shall be occupied for dwelling purposes unless and
until said building, structure or trailer shall be connected to a septic
tank or sewage disposal system approved by the Olympic Health District
or its successors.
(4) 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.
(5) 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 Second 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 Second Plat during the period
of sales fy SUNSHINE ACRES, INC.
( 6) Limitation on Number of Dwellings:
(a) Not
more than one single family dwelling unit shall be constructed upon any
lot in the said Second 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 set-back provisions hereinabove set forth
be permitted.
(7) Dedicated Areas Platted for Utility Easements:
(a) All
areas of said Second 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 Second Plat, and limited to the purposes
of serving the several owners within the Second Plat and subject to the
regulations 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.
(8) 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 Second Plat unless and until written
approval of a majority of the Architectural Committee hereinafter
provided shall be 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 Second Plat.
It shall be the duty of said Committee to act in the best interests
of the several lot owners of the Second Plat of Sunshine Acres and of
SUNSHINE ACRES, INC., the developers of said Second Plat; and the Committee
shall have the authority to approve or disapprove of such plans, having
regard for the protection of property values within the Second Plat, structural
soundness of the building, the sightlessness 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.
(9) Animals:
(a) No hogs,
cattle, horses, sheep, goats, poultry or similar livestock shall be permitted
or maintained on said Second Plat at any time. Household pets shall
be permitted so long as they are confined to the property of the owner of
said pets.
(10) Term of these Protective Covenants:
(a) These
covenants shall run with the land perpetually and shall be binding on
all parties and all persons 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
Second Plat of Sunshine Acres.
(11) Violation:
(a) 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 Second Plat, or having a vendee's interest under a real
estate contract to purchase any real property situated in said Second
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.
(12) Invalidation:
Invalidation
of any of these covenants by a judgment of any court of competent
jurisdiction shall in no-wise effect any of the other provisions, which
shall remain in full force and effect.
IN WITNESS WHEREOF, said SUNSHINE ACRES, INC., a Washington corporation,
by the act of its duly elected and acting President and
Secretary, had executed the foregoing Declaration this 30th day
of March, 1967.
SUNSHINE ACRES, INC.
Original signed By: Howard Dent Jr., President
Original signed By: Helen S. Dent, Secretary
(STATE OF WASHINGTON )
)
ss.
COUNTY OF JEFFERSON )
On this
30th day of March
, 1967, personally appeared before me, HOWARD DENT, JR. and HELEN
S. DENT, duly elected and qualified President and Secretary, respectively,
of SUNSHINE ACRES, INC., a Washington corporation, they each being known
to me as the individuals described in and who executed the within and foregoing
instrument, and each for himself acknowledged that he signed the same
as his free and voluntary act and deed, and affixed the seal of the said
corporation thereto, for the uses and purposes therein mentioned.
GIVEN UNDER
BY HAND AND OFFICIAL SEAL the day and year first above written.
Original Signed and Notarized by
Louise E. King
Notary Public in and for the State of
Washington, residing at Gardiner.
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