KNOW ALL MEN BY THESE PRESENTS:  That SUNSHINE ACRES, INC., a Washington corporation, doing business at Gardiner, Washington, who had heretofore platted the Fifth Plat of Sunshine Acres, situated in the County of Clallam, State of Washington, and recorded in Volume 10 of Plats, Page 47, 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 Fifth 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 with each sale made by SUNSHINE ACRES, INC. of tracts in said Fifth Plat of Sunshine Acres.

(1) BUILDING RESTRICTIONS AND LIMITATIONS:
            (a) All lots or tracts in the Fifth Plat of Sunshine Acres shall be designated as "Residence Lots" and shall be used for single family residential purposes only.
           (b) No single residence building shall be erected, placed or altered on any lot in said Fifth 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 open entries, porches and patios. and outbuildings.
            (c) Any residence building erected. placed or altered shall have a value for each square foot of floor space equivalent to the prevailing construction rates at the time of construction of said building.  The minimum values per square foot, hereinabove provided, shall be exclusive of garages, outbuildings, open entries, porches and patios.
            (d) No structure shall be erected, altered or placed on, said Fifth 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 structure.  
(e) 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.
(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) 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.
(h) No outbuilding shall be erected or placed upon any lot in said Fifth Plat except garages, 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 maintained on any lot in such manner that any part thereof shall be nearer than thirty (30) feet from any road 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 Fifth 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 Fifth Plat excepting usual and ordinary name and address signs and one "for sale sign of not more than two (2) feet square 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 Fifth Plat during the period of sales by SUNSHINE ACRES, INC.

(6) LIMITATION OF NUMBER OF DWELLINGS:
            Not more than one (1) single family dwelling unit shall be constructed on any lot in the said Fifth 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 (1) single family residential unit as herein provided.  In no event shall a variance from the setback provisions hereinabove set forth be permitted.

(7) DEDICATED AREAS PLATTED FOR UTILITY EASEMENTS:
            All areas of said Fifth 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 Fifth Plat, and limited to the purposes of serving the several owners within the Fifth Plat and subject to the regulations and control of the than regulatory authority of such utilities.  All such utilities easements shall, at all times, remain clear of obstacles for the purpose of 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 mobile homes shall be erected, placed or altered on any lot or lots in said Fifth 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 (1) of whom shall be designated by SUNSHINE ACRES, INC., or its successors; one (1) of whom shall be designated by the lot owner seeking approval of his plans; and one (1) who shall be designated by the owners of a majority of the lots in said Fifth Plat.  It shall be the duty of said Committee to act in the best interests of the several lot owners of the Fifth Plat of Sunshine Acres and of SUNSHINE ACRES, INC., the developers of the Fifth 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 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.

(9) ANIMALS:
            No hogs, cattle, horses, sheep, goats, poultry or similar livestock shall be permitted or maintained on said Fifth 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:
            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, in writing, of the owners of sixty-five percent (65%) of all lots in the Fifth Plat of Sunshine Acres.

(11) 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 Fifth Plat, or having a vendee's interest under a real estate contract to purchase any real property situated in said Fifth 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 affect 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, have executed the foregoing Declaration of Protective Covenants for the Fifth Plat of Sunshine Acres this 26th day of  January, 1982.
 
                                                                 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 26th day of January, 1982, personally appeared before me, E. D. WARREN 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 forego ins instrument, and each for herself acknowledged that she signed the same as her free and voluntary act and deed, and affixed the seal of the said corporation thereto, for the uses and purposes therein mentioned.

            GIVEN UNDER MY 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.
       

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