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KNOWN ALL MEN BY THESE PRESENTS: That SUNSHINE ACRES INC., a Washington corporation, doing business at Gardiner, Washington. who has heretofore platted the plat of the INDUSTRIAL PARK OF SUNSHINE ACRES, situated in the County of Clallam, State of Washington, and recorded in Volume 8 of Plats Page 36, 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 plat; and

That all restrictions, limitations and conditions hereinafter shall be observed by and be binding upon each buyer, personal representative lessees, grantees and successors in interest, and the same represent all understandings with each sale made by SUNSHINE ACRES INC. of tracts and lots in said INDUSTRIAL PARK OF SUNSHINE ACRES.

(1) BUILDING RESTRICTIONS AND Limitations:
(A) All of the building sites in said INDUSTRIAL PARK OF SUNSHINE ACRES are for industrial, commercial and warehousing purposes, and all grantees shall use the sites only for such purposes and under such conditions as hereinafter set forth.

(B) In SUNSHINE ACRES INDUSTRIAL PARK no land shall be used and no building or structure shall be used, erected or converted to any use other than those permitted under Clallam County Zoning. except as that noted herein and as approved by the Architectural Committee as established in Paragraph (8) herein.

(C) Building sites in this area may be used for such commercial, light industrial and warehousing purposes as are described in Section (B) above, but grantee shall not use or allow the use of said premises or any portion thereof at any time for the manufacture, storage, distribution or sale of any products or items which 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) 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 lot line, nor nearer than five (5) feet from any side lot line. The thirty (30) foot set-back area provided for herein may be used for parking. The inside boundary of the twenty-foot greenbelt provided on Lots 1 through 5, Block “M”, and Tracts 1 through 4, Block “O”, shall be considered the back line of the area, and no building shall be constructed within five (5) feet thereof. 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.
On corner lots all frontages shall be considered “front” yards.

(4) HEIGHT LIMITS: No building shall be constructed which shall exceed a height, at any point of the building, of more than twenty-six (26) feet above the highest point of the normal grade of the lot at the location of the structure, EXCEPTING that the highest point of any chimney, stack or flue shall not exceed four (4) feet above such point, AND EXCEPT, as may be amended by the Architectural. Committee with the concurrence of seventy-five (75%) percent of the property owners in this plat of the INDUSTRIAL PARK OF SUNSHINE ACRES.

(5) SANITATION: All garbage containers in said Plat shall be or 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 areas except in such containers.

(6) NOXIOUS USE OF PROPERTY: No noxious, illegal or offensive use of land shall be carried on or permitted upon any lots or tracts nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.
No accessory-building use shall be construed to permit keeping of articles, goods or materials in the open or exposed to public view. When necessary to store or keep such articles m the open such articles or material shall not exceed eight (8) feet in height, and the lot area shall be fenced with a screening fence high enough to provide adequate screening, but no higher than eight (6) feet. Said storage area shall be limited to the rear twenty (20) percent of the property.

(7) LANDSCAPING, SIGNS AND BILLBOARDS: A minimum of FIVE (5%) percent of the lot area located between the street and the setback line shall be landscaped.
Plans and specifications for the construction, installation or alteration of all signs and/or billboards and landscape planting must first be submitted to and have the written approval of the Architectural Committee. Any sign erected shall relate to a use located on the property where such sign is located. No more than one (1) free-standing sign, not to exceed one hundred fifty (150) square feet in area, shall be permitted in the setback area for each street frontage. No sign shall be higher than twenty-six (26) feet. The design and erection or signs upon buildings shall also be with the written approval or the Architectural Committee.

(8) ARCHITECTURAL COMMITTEE: No building or structure or any kind, including trailers, shall be erected, placed or altered on any lot or lots in said INDUSTRIAL PARK 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 five (5) members; one (1) of whom shall be designated by SUNSHINE ACRES INC., or its successors; one (l) of whom shall be designated by the lot owner, or lessee, seeking approval of his plans; one (1) of whom shall be designated by the sales agency selling SUNSHINE ACRES properties; and two (2) of whom shall be designated by the property owners of SUNSHINE ACRES. It shall be the duty of said Committee to act in the best interest of the owners of property in SUNSHINE ACRES and of SUNSHINE ACRES INC., the developers of said property. The Committee shall have the authority to approve or disapprove said plans having regard for the protection of property values within the development, structural soundness of the buildings, the sightliness of the proposed structure and its conformity to the other protective covenants contained herein. Signs, billboards, parking and landscaping are also matters which shall be decided by the Committee. Nothing provided in this covenant shall in any way serve to permit a waiver or violation of 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 INDUSTRIAL PARK at any time.

(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 of the owners of sixty-five (65%) percent of all lots and tracts in the Development known as 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 SUNSHINE ACRES, or having a vendee’s interest under a real estate contract to purchase any real property situated in SUNSHINE ACRES, to prosecute a proceeding at law or in equity against the person or persons violating or attempting to violate any such covenant and other 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 or 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, has executed the foregoing Declaration this 10th day of July, 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 10th day of July, 1975, 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 there within and foregoing instrument, and each for herself acknowledged that she signed the same as her free and voluntary act and deed, and affixed the said corporation thereto, for the uses and purposes 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.

AMENDMENTS TO THE PROTECTIVE COVENANTS DATED 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