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Dated: February 6, 1965
Auditor’s File No. 353905

(1) Building Restrictions and Limitations: For the purpose of brevity, all lots in Block “A”, all lots in Block “B”, Lots 1 and 21 in Block “C:’, Lots 1, 2 and 19 in Block “D”, and all of Block “E” are herein-after referred to as “Class A” lots; Lots 2 to 20, inclusive, in Block “C” and Lots 3 to 18, inclusive, in Block “D” are hereinafter referred to as “Class B” lots.

All lots or tracts in First Plat of Sunshine Acres shall be designated as “Residence Lots”, and shall be used for single family residential purposes only.

No building shall be erected, placed or altered on any “Class A” lot in said Plat unless it shall contain an enclosed floor area of not less than seven hundred (700) square feet. No building shall be erected, placed or altered on any “Class B” lot in said Plat unless it shall contain and enclosed floor area of not less than four hundred (400) square feet. The minimum floor areas hereinabove provided shall be exclusive of garage, plane hangar, open entries, porches and patios, and outbuildings.

On “Class A” lots no buildings shall be erected, placed or altered which shall not have a value equal to Ten ($10.00) Dollars for each square foot of floor space therein contained. On “Class B” lots 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 hangars, outbuildings, open entries, porches and patios.

No structure shall be erected, altered or placed on the said 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.

On “Class A” lots no structure shall be erected, altered or placed unless it shall be of sound, conventional double wall or masonry construction, or equal, excepting only garages, plane hangars, garden houses and service buildings, and no building shall be erected, altered or placed on any lot unless the same shall conform in all respects to currently accepted standards of workmanship and, materials pertaining to first-class residential construction.

On “Class B” lots no structure shall be erected, altered or placed unless it shall be of sound construction with exterior finish acceptable to the Architectural Committee.

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.

On “Class A” lots, except during the erection of the permanent residence, no temporary buildings, structures or trailers of any kind shall be erected or maintained. No building shall ever be placed or erected on said “Class A” lots which is comprised in whole or in part of a house trailer or mobile home converted to permanent location thereon unless approval of the entire structure planned or proposed is first obtained from the Architectural Committee.
On “Class B” lots house trailers may be placed and used as permanent residence provided approval of the trailer, its placement on the lot and service connections are first obtained from the Architectural Committee.

No outbuilding shall be erected or placed upon any lot in said Plat except garages, plane hangars, greenhouses and garden 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.
All gas and oil tanks, or tanks of any description, shall be com-pletely 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.

On “Class A” lots no fence, hedge or barrier shall be erected which shall exceed four (4) feet in height.
All septic tanks and sewage disposal systems within the platted area shall he maintained in a manner consistent with the standards of the Olympic Health District and its successors.

(2) Utility Lines: On Blocks “A”, “B” and “E””, and upon roads adjacent thereto, 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 at ground level where such installation is necessary and convenient to the utility operator or user.

(3) Height Limits: On “Class A” lots no building shall 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 of the structure, EXCEPTING ONLY 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 he nearer than thirty (30) feet from any front lot line, nor nearer than fifteen (15) feet from any side or back lot line, nor nearer than fifty (50) feet from a line adjacent to the airstrip. 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 he held and owned by a single owner of 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.

(5) Sanitation: All garbage containers in said 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.

No building, structure or trailer shall be occupied for dwelling purposes unless and until said building, structure or trailer shall he connected to a water supply and a septic tank or sewage disposal system approved by the Olympic Health District or its successors.

(6) 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.

(7) 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 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 Plat during the period of sales by SUNSHINE ACRES, INC.

(8) Limitation on Numbers of Dwellings: Not more than one single family dwelling unit shall be constructed upon any lot in the said 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 setback provisions herein above set forth be permitted.

(9) Dedicated Areas Platted for Utility Easements: All areas of said 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 Plat, all subject to the general restrictions contained in Paragraph (2) hereof and limited to the ,purpose of serving the several owners within the Plat and subject to the regulation 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.

(10) 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 Plat unless and until written approval of a majority of the Architectural Committee hereinafter provided shall he 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 Plat. It shall be the duty of said Committee to act in the best interest of the several lot owners of the First Plat of Sunshine Acres and of SUNSHINE ACRES, INC., the developers of said Plat, and the Committee shall have the authority to approve or disapprove of which plans, having regard for the protection of property values within the Plat, 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.

(11) Animals: No hogs, cattle, horses, sheep, goats, poultry or similar livestock shall be permitted or Maintained on said Plat 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 person 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 First Plat of Sunshine Acres.

(13) 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 Plat, or having a vendee’s interest under a Real Estate Contract to purchase any real property situated in said 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.

(14) Invalidation: Invalidation of any of these covenants by a judgment of any court ot competent jurisdiction shall in no wise affect any of the other provisions, which shall remain in full force and effect.
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