Plat 3 | SAPOA

DECLARATION OF PROTECTIVE COVENANTS

FOR THE THIRD PLAT OF SUNSHINE ACRES

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THIS filing incorporates the Amendments to Covenants filed October 26, 1996. Book 1157, Page 872 Records of Clallam County, Washington, Auditor’s file 746686 dated 10-24-96, into the original covenants filed on September 18, 1969, Vol. 331. Page 422 Records of Clallam County Washington, Auditor’s file 392302 dated 09-18-69.

KNOW ALL MEN BY THESE PRESENTS: 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 of each and every tract in said THIRD PLAT OF SUNSHINE ACRES.

(1) Building Restrictions and Limitations: All lots or tracts in the Third Plat of Sunshine Acres shall be designated as “Residence 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 Plat unless it shall contain an enclosed floor area of not less than one thousand (1000) square feet. The minimum floor area hereinabove provided shall be exclusive of garage plane hangar, open entries, porches. and patios, and outbuildings.

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.

No structures 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 building, 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 in compliance with County building codes.

The work of construction of all buildings and structure shall be prosecuted diligently and continuously from the commencement of construction until exteriors of such buildings and structures are completed and painted or otherwise suitably finished within twenty-four (24) months from commencement of construction.

No house trailer, mobile home or recreational vehicle may be used as a permanent residence and may be used as a primary residence only during construction of the permanent residence. Any permanent residence must be in compliance with the Uniform Building Code and with County Building Codes.

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 completely buried below surface of the grade of the lot, EXCEPTING ONLY when this requirement is in violation of County codes. Any above grade tanks must be screened from street view.

No fence, hedge or barrier shall be erected which shall exceed four (4) feet in height, EXCEPTING ONLY that an open see-through fence may be up to six (6) feet in height.

All septic tanks and sewage disposal systems within the platted area shall be maintained in a manner consistent with the standards of the Clallam County Department of Environmental Health and its successors.

(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 at ground level where such installation is necessary and convenient to the utility operator or user.

(3) Height limits: 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. Provided, however, that for Lots 13 to 16 and 18 to 31 of Block I inclusive, the building height shall be measured from the adjacent airport boundary line rather than from the location of the structure.

(3A) 16-Foot View Easement: Any plantings which occur after the date of these amendments must be maintained to a maximum height of sixteen (16) feet.
Existing trees and vegetation on any lot shall be maintained, for reasons of safety or preservation of the view existing from any other lot at the date of its last purchase, to a maximum height of sixteen (16) feet upon demand of an aggrieved property owner. For unsafe conditions, the total cost of resolution shall be borne by the owner of the trees and vegetation. For preservation of view situations, the aggrieved property owner shall be responsible for seventy-five percent (75%) of the cost of resolution with the balance of the cost to be borne by the owner of the trees and vegetation. View restoration shall be by thinning, topping or total removal, as appropriate for the growth in question. Any disputes arising from this paragraph shall be settled by binding arbitration as per Covenant 13, Arbitration.

(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 lot line, nor nearer than fifteen (15) feet from any side or back lot line, nor nearer than five (5) 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 be held and owned by a single owner the lot line for 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 container in said Plat shall be of a type and kind accepted and approved by the Clallam County Department of Environmental Health 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 be connected to a water supply end a septic tank or sewage disposal system approved by the Clallam County Department of Environmental Health or its successors.

(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 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 notice required by law, shall be erected or displayed upon any lots or road in said Plat excepting usual and ordinary name and address signs and one “for sale” sign of not more than four (4) square feet in area.

(8) Limitation on Number of Dwellings: Not more than one single family 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 hereinabove 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 with 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 temporarily in use, 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 Plat III 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, all of whom shall be designated by the owners of a majority of the lots in the said Plat; such membership shall not include the owner seeking approval. It shall be the duty of said Committee to act in the best interest of the several lot owners of the Third Plat of Sunshine Acres. The Committee shall have the authority to approve or disapprove of the proposed structure, having regard for the protection of property values within the Plat, and conformity of the proposed structure to the other protective covenants contained herein. Architectural Committee approval shall in no way constitute a waiver, or permit a 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. Prevailing County leash laws will apply.

(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 Third Plat of Sunshine Acres. A variance for an individual property owner may be obtained or granted upon written concurrence of the owners of sixty-five percent (65%) of all lots in the Third Plat of Sunshine Acres. Such variance must be in compliance with County Codes and be filed with the Clallam County Recorder referencing this covenant.

(13) Arbitration: Should any dispute arise relating to these covenants or the interpretation or enforcement of these covenants, the dispute shall be resolved through binding arbitration conducted in the same manner as uninsured motorist arbitration claims are handled. Any party to a dispute arising from or concerning these covenants shall have the right to have a court issue an order requiring binding arbitration.

The non-prevailing party shall pay all costs and fees, including reasonable attorney’s fees and costs, The arbitrators’ award may be entered as a judgment in any county and the award may include equitable relief. The parties to the dispute may stipulate to a single arbitrator, in which case the costs shall be divided and each party shall bear their own fees regardless of which party is prevailing. Even with a stipulation for a single arbitrator the arbitration shall be final and binding.

Subject to the foregoing, if any dispute arises regarding the terms and conditions or enforcement of any of the. terms and conditions of the covenants, or to determine the rights of any party claiming under these covenants, the prevailing party shall be entitled to reasonable attorney’s fees and costs, including those for appeals.

(14) 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, I, Lawrence W. Werner, acting on behalf of the property owners of record of the Third Plat of Sunshine Acres as of this date, have executed the foregoing Declaration this 25th day of March ,1997.

Original Signed by: Lawrence W. Werner

STATE OF WASHINGTON)
) ss.
COUNTY OF CLALLAM )

I certify that I know or have satisfactory evidence that Lawrence W. Werner signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in this instrument.

DATED this 25th day of March, 1997.

Original signed by: Johnnye L. Merrill
NOTARY PUBLIC in and for the State of
Washington, residing at Sequim

My appointment expires May 23, 1998

Original Covenants
DECLARATION OF PROTECTIVE COVENANTS
FOR THE
THIRD 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 Third Plat of Sunshine Acres, situated in Sections 15 and 16, Township 30 North, Range 2 West. W.M. County of Clallam, State of Washington, and recorded under Auditor’s File No. 387959, in Volume 6 of Plats, page 46, records of Clallam County, 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 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 THIRD PLAT OF SUNSHINE ACRES.

(1) Building Restrictions and Limitations: All lots or tracts in Third Plat of Sunshine Acres shall be designated as “Residence Lots”, and shall by used for single family residential purposes only. No residence building shall be erected, placed or altered on any lot in said Plat unless it shall contain an enclosed floor area of not less than seven hundred (700) square feet. The minimum floor area hereinabove provided shall be exclusive of garage, plane hanger, open entries, porches, and patios, and outbuildings.
No such residence building shall be erected, placed or altered which shall not have a value equal to Twelve and 50/100 ($12.50) Dollars for each square foot of floor space therein contained. The minimum value 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.
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 building, 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.
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 (l2) 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. No building shall ever be placed or erected on said lots which is comprised in whole or in part of a house trailer or mobile home converted to permanent location thereon.
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 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.
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) Utility Lines: All water lines, telephone lines, electrical power lines, gas lines, or utility lines or 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) Heights Limits: 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 be 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 fifteen (15) 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 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.

(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 be 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 notice 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.

(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 or 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 use, shall be erected, placed or altered on any lot or lots in the said Flat unless and until written approval or 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 the said Flat. It shall be the duty of said Committee to act in the beat interests of the several lot owners of the Third Flat of Sunshine Acres and of SUNSHINE ACRES, INC., the Committee shall have the authority to approve or disapprove of such 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 Flat at any time. Household pets shall be permitted so long as they are confined to the property of the owner of said pets.

(l3) 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.

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 29th day of July 1969

SUNSHINE ACRES, INC.
Original signed By: Edward Dent Jr. , President
Original signed By: Helen S. Dent, Secretary

(STATE OF WASHINGTON )
) ss.
COUNTY OF JEFFERSON )

On this 29th day of July, 1969, personally appeared before me EDWARD DENT JR. 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, and each for himself acknowledged that he signed the same as his free and voluntary act and deed, and affixed the seal of the said corporation thereto, for the uses and purposes therein mentioned.

GIVEN UNDER BY 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

AMENDMENTS TO PROTECTIVE COVENANTS DATED MARCH 25, 1997

No fence, hedge or barrier shall be erected which shall exceed four (4) feet in height, EXCEPTING ONLY that an open see-through fence may be up to six (6) feet in height.

(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 at ground level where such installation is necessary and convenient to the utility operator or user.

(3) Height limits: 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 Provided, however, that for Lots 13 to 16 and 18 to 31 of Block I inclusive, the building height shall be measured from the adjacent airport boundary line rather than from the location of the structure.

(5) Sanitation: All garbage containers in said Plat shall be of a type and kind accepted and approved by the Clallam County Department of Environmental Health 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 be connected. to a water supply and a septic tank or sewage disposal system approved by the Clallam County Department of Environmental Health or its successors.

The non-prevailing party shall pay all costs and fees, including reasonable attorney’s fees and costs. The arbitrators’ award may be entered as a judgment in any county and the award may include equitable relief. The parties to the dispute may stipulate to a single arbitrator, in which case the costs shall be divided and each party shall bear their own fees regardless of which party is prevailing. Even with a stipulation for a single arbitrator the arbitration shall be final and binding.

Subject to the foregoing, if any dispute arises regarding the terms and conditions or enforcement of any of the terms and conditions of the covenants, or to determine the rights of any party claiming under these covenants, the prevailing party shall be entitled to reasonable attorney’s fees and costs, including those for appeals.

IN WITNESS WHEREOF, I, Lawrence W. Werner, acting on behalf of the property owners of record the Third Plat of Sunshine Acres as of this date, have executed the foregoing Declaration this 25th day of March, 1997.