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DECLARATION OF PROTECTIVE COVENANTS
FOR THE
SIXTH AND SEVENTH PLATS OF SUNSHINE ACRES
The following Declaration of Protective Covenants for the
Sixth and Seventh Plats of Sunshine Acres replace and supercede
the Declaration of Protective Covenants for the Sixth and Seventh
Plats of Sunshine Acres recorded November 8. 1985, under
Auditor's File No. 572420, Vol. 721, Pages 11 through 18, and June 15,
1989 under Auditor's file No. 618048, Vol. 844, pages 279 through
286, Records of Clallam County, State of Washington.
KNOW ALL MEN BY THESE PRESENTS: That SUNSHINE ACRES, INC.,
a Washington corporation. doing business at Gardiner, Washington, who
has heretofore platted the Sixth and Seventh Plats ot Sunshine Acres,
situated in Sections 15. 21 and 22. Township 30 N., Range 2 West. W.M.,
County of Clallam, State of Washington, and recorded under Auditor's File
Nos. 572190 and 572191. Vol. 10 of Plats, pages 73-76 and 77-78, Records
of Clallam County, State of Washington, 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 plats; all or which, as of the date hereof and as or the date of
the recording of this instrument, are the property of Sunshine Acres, Inc.
(or assigns), 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., or successor of tracts in
said Sixth and Seventh Plats of Sunshine Acres.
(1) BUILDING RESTRICTIONS
AND LIMITATIONS: All lots or tracts in the Sixth and
Seventh Plats shall be designated as "Residential Lots" and shall
be used for single family residential. purposes only.
No residence building shall
be erected, placed or altered on any lot in said plats unless it; shall
contain an enclosed floor area of twelve hundred (1200) square feet,
nine hundred (900) square feet of which shall be on the main or ground
level in the event the structure is of more than one level. The
minimum floor area hereinabove provided shall be exclusive of: garage,
open entries, porches, patios and outbuildings.
No such residence building
shall be erected, placed or altered which shall not have a value equal
to the average cost criteria as set forth by the local Savings and Loan
Association. The average cost per square foot, hereinabove provided,
shall be exclusive of garages, outbuildings, open entries, porches and patios.
No structure shall. be erected, altered or placed on said plats
which shall serve as other than a single family dwelling unit,
EXCEPTING ONLY that quarters for guests of the single family in
ownership or occupancy may be included within such structures.
No structure shall be erected
altered or placed unless it shall be of sound, conventional double wall
masonry construction, or equal, EXCEPTING ONLY garages, garden houses,
and service buildings and no building shall be erected altered or placed
on any lot unless the same shall confirm in all respects to currently accepted
standards of workmanship and materials pertaining to first-class residential
construction.
The work of construction of
all buildings and structures shall be prosecuted diligently and continuously
from commencement of construction until exteriors of buildings and structures
are completed and painted or otherwise suitably finished within six (6)
months from commencement of: construction.
EXCEPT during the erection
of the permanent residence, no temporary buildings, structures or trailers
of any kind shall be erected or maintained as residence. No building
shall be placed or erected on said lots which is comprised in whole or
in part of a part of a house trailer or mobile home to be used as a permanent
residence.
No buildings shall be erected
or placed upon any lot in said plats except garages, greenhouses, garden
houses and wood sheds 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 or any description, shall be completely buried below the surface
of the grade of the lot.
No fence, hedge or barrier
shall be erected which shall exceed four (4) feet in height. EXCEPT
that fences, hedges or barriers over four (4) feet in height, but not
to exceed sixteen (16) feet in height. shall be permitted only as a windbreak
or to enclose a private area, such as a pool or patio. Such windbreak
or enclosure is not to exceed more than forty (40) feet in a Northerly
or Easterly direction. Any planned tree
plantings that could grow to a height of over sixteen (16) feet will be
subject to the approval of the Architectural Committee.
All septic tanks and sewage
disposal. systems which are on the site, and within the platted area, shall
be maintained in a manner consistent with the standards of the Clallam
County Heath Department, or other Government body which assumes the role
of successor. Those lots in the platted area that are served by the
sewage disposal collection system will not make use of septic tank
and drain field or other on-site sewage disposal system but will instead
make use of the prescribed type of septic tank and where necessary, an on-site
pumping system. All residences within the plats will make use of low
volume water fixtures throughout the residence.
(2) UTILITY LINES:
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 on ground level where such installation
is necessary and convenient to the utility operator or user.
(3) HEIGHT LIMITS:
No building 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 or the structure. EXCEPTING
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 be nearer than thirty (30) feet from any front
or back line, nor nearer than fifteen (15) feet from any side line. EXCEPT
that the Architectural. Committee may grant a variance from the aforementioned
set-back limit as it concerns the back line of the lot if the thirty
(30) foot set-back would result in an inadequate area for a required
sewage disposal drain field, or if the set-back would force the placement
of a structure on a obviously undesirable land contour. 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 end owned by a single owner the lot line for the purpose
of this paragraph shall be the boundary lines of the property so 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 plats shall. be of a type and kind
accepted and approved by the Clallam County Health Department or its
successors. and no garbage shall be suffered to be stored in the platted
area except in such containers. Further such containers will be kept
in an enclosed area except for days when garbage is being collected.
No building or structure of
any kind shall be occupied for dwelling purposes unless and until said
building or structure shall be connected to a water supply and a septic
tank or sewage disposal system approved by the Clallam County Health Department
or successor.
(6) NOXIOUS USE OF PROPERTY:
No noxious, illegal or offensive use of the land shall
be carried on or permitted upon any lot or lots, nor shall anything be
done thereof which may be or become an annoyance or nuisance to the neighborhoods.
Each lot owner will be responsible for grass, weed and brush control
on his property. In the interest of avoiding a safety hazard, or
unsightly appearance. Sunshine Acres, Inc. or its successors may
do so or have done the necessary grass, weed or brush control and be reimbursed
for any and all expenses by the lot owner. This provision will likewise
apply to plantings over sixteen (16) feet in height that prove to be obstructing
a neighbor's view. Parking of trucks, trailers, boats, etc., shall be
on individual lots and not on public streets..
(7) SIGNS AND BILLBOARDS:
No signs or billboards of any description, except public notices
required by law, shall be erected or displayed on any lot or road in said
plats, excepting usual and ordinary name and address signs and one "For Sale"
sign of not more than three (3) square feet in an area and located not less
than twenty-five (25) feet from the street. It is provided, however,
that Sunshine Acres, Inc., or its successors, agents and assigns, may erect
and display signs without restriction in said plats, during the period of
sales by Sunshine Acres, Inc., or successors.
(8) LIMITATION
OF NUMBER OF DWELLINGS: Not more than one (1) single family
unit shall be constructed upon any lot in the said plats and no lot therein
shall be divided in such manner that a tract of land consisting
or less than twelve thousand five hundred (12,500) square feet shall be
used or utilized for the construction of more than one (1) single family
residential unit as hereinabove provided. In no event shall a variance
from the set-back provisions hereinabove set forth be permitted.
(9) DEDICATED AREAS PLATTED
FOR UTILITY EASEMENTS: All areas of said plats 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 plats, all
subject to the general restrictions contained in Paragraph (2) hereof and
limited to the purpose of serving the several owners within the plats and
subject to the regulation and control of the then regulatory authority of
such utilities. An 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 or any kind, including trailers
temporarily in use, shall be erected, placed, or altered on any lot or lots
in the said plats unless and until written approval of a majority or the
Architectural Committee, hereinafter provided, shall be endorsed on
the plans or such building or structures. The Architectural Committee,
hereinafter 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
plats. It shall be the duty of said Committee to act in the best interests
of the several lot owners or the Sixth and Seventh Plats of Sunshine Acres
and of Sunshine Acres, Inc., or successor. The Committee shall have
the authority to approve or disapprove of such plans, having regard
for the protection of property values within the plats, structural soundness
of the building, the sightliness of the proposed structure and its conformity
to the other protective covenants 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 or horses or sheep, goats, poultry or similar livestock
shall be permitted or maintained on said plats 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 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 Sixth and Seventh Plats of Sunshine Acres.
(13 ) PROPERTY OWNERS
ASSOCIATION: There is in existence a community association
known as SUNSHINE ACRES PROPERTY OWNERS ASSOCIATION. It was
voluntarily formed by the lot owners in the various plats/division of
Sunshine Acres. Said Association is a non-profit corporation, organized
October 28, 1980. Membership in this Association is mandatory for
all property owners in the development. Annual dues are collected
by a treasurer, who is a lot owner maintain current membership therein and
said Association shall be the sole representative in all community matters.
(14) 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 Sixth and Seventh Plats, or having
a vendee's interest under a real estate contract: to purchase any real
property situated in said plats, 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.
(15) 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 duly elected and acting President and Secretary have executed
the foregoing Declaration of' Protective Covenants for the Sixth and
Seventh Plats of Sunshine Acres, this 30th day of June 1989.
SUNSHINE ACRES, INC.
Original signed By: E. D. Warren, President
Original signed By: Helen S. Dent, Secretary
STATE OF WASHINGTON)
) ss.
COUNTY OF CLALLAM )
On this
30th day of: June, 1989, 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 foregoing instrument, the Declaration of Protective Covenants;
for the Sixth and Seventh Plats of: Sunshine Acres, and each for herself
acknowledged that she signed the same as her free and voluntary act and deed,
and end affixed the seal of 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 by Ruby I. Mawta
Notary Public in and for the State
of Washington, residing at Sequim.
My Commission expires Aug. 1991