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DECLARATION OF PROTECTIVE COVENANTS
FOR THE
FOURTH 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
FOURTH PLAT OF SUNSHINE ACRES, situated in the County of Clallam, State
of Washington, and recorded in Volume 8 of Plats, page 41, records of said
county, 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 Fourth Plat; all of which, as
of the date hereof and as of the date of the recording of this instrument,
are the property of SUNSHINE ACRES, INC., 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 wi th each sale
made by SUNSHINE ACRES, INC. of tracts in said Fourth Plat of Sunshine
Acres.
( 1)
Building Restrictions and Limitations:
(a) All lots
or tracts in the Fourth Plat or Sunshine Acres shall be designated as "Residence
Lots".
(b) No single
residence building shall be erected, placed or altered on any lot in said
Fourth Plat unless it shall contain an enclosed floor area of not less
than six hundred forty (640) square feet. The minimum floor areas
hereinabove provided shall be exclusive of garage, plane hanger, open entries,
porches and patios, and outbuildings.
(c) No such residence building shall be erected, placed or altered which
shall not have a value equal to Eighteen and No/100 ($18.00) 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 unless it shall be of sound construction
with exterior finish acceptable to the Architectural Committee, hereinafter
provided.
(e) 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.
(f) Mobile homes
may be placed and used as permanent residence provided approval of the
mobile home, its placement on the lot and service connections are first
obtained from the Architectural Committee.
(g) No
building shall be erected or placed on any lot in said Fourth 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.
(h) 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.
( i ) 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 maintained on any lot in such manner that
any part thereof shall be nearer than thirty (30) feet from any front lot
line, nor nearer than fifteen (15) feet from any side 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 Fourth 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 mobile home shall be occupied for dwelling purposes unless
and until said building, structure or mobile home 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 Fourth 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 Fourth Plat during the period of sales
by SUNSHINE ACRES, INC.
(6)
Dedicated Areas Platted for Utility Easements:
All areas of
said Fourth 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 Fourth Plat, and limited to the purposes of serving the several owners
within the Fourth 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.
(7)
Architectural Committee Approval:
No building or structure of any kind. shall be erected. placed or altered
on any lot or lots in the said Fourth 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 Sunshine Acres residential
Plats. It shall be the duty of said Committee to act in the best
interests of the lot owners of Sunshine Acres and of SUNSHINE ACRES, INC.,
the developers of said property.
The Committee shall have the authority to approve or disapprove of such
plans having regard for the protection of property values within the development
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.
(8)
Animals:
No hogs, cattle, horses, sheep, goats, poultry or similar livestock shall
be permitted or maintained on said Fourth Plat at any time. Household
pets shall be permitted so long as they are confined to the property of
the owner of said pets.
(9)
Term of Protective Covenants:
These Covenants shall run wi th 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 Fourth Plat or Sunshine Acres.
(10)
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 Fourth Plat, or having a vendee's interest
under a real estate contract to purchase any real property situated in said
Fourth 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.
(11)
Invalidation:
Invalidation of any of these covenants by a judgment of any Court of
competent jurisdiction shall in no wise affect any of the other provisions,
which shall remain in full force and effect.
(STATE OF WASHINGTON )
)
ss.
COUNTY OF JEFFERSON )
IN WITNESS WHEREOF, said SUNSHINE
ACRES, INC., a Washington corporation, by the act of its duly elected and
acting President and Secretary. have executed the foregoing Declaration this
13th day of August , 1975.
SUNSHINE ACRES, INC.
Original signed By:
E. D. Warren, President
Original signed By:
Helen S. Dent, Secretary
(STATE OF WASHINGTON )
)
ss.
COUNTY OF JEFFERSON )
On this day,
before me, the undersigned, a Notary Public in and for the State of
Washington, duly commissioned and sworn, personally appeared E. D.
WARREN and HELEN S. DENT, to me known to be the President and Secretary,
respectively, of SUNSHINE ACRES, INC., the corporation that executed the
foregoing instrument, the Declaration of Protective Covenants for the Fourth
Plat of Sunshine Acres, and acknowledged the said instrument to be the free
and voluntary act and deed of said corporation, for the uses and purposes
therein mentioned, and on oath stated that they were authorized to execute
the said instrument and that the seal affixed is the corporate seal of said
corporation.
WITNESS MY
HAND AND OFFICIAL SEAL hereto affixed this 13th day of August, 1975.
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