DECLARATION OF PROTECTIVE COVENANTS

FOR THE FOURTH PLAT OF SUNSHINE ACRES

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KNOW ALL MEN BY THESE PRESENTS: That SUNSHINE ACRES, INC., A Washington corporation, doing business at Gardiner, Washington, who has heretofore platted the FOURTH PLAT OF SUNSHINE ACRES, situated in the County of Clallam, State of Washington, and recorded in Volume 8 of Plats, page 41, 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 Fourth 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 wi th each sale made by SUNSHINE ACRES, INC. of tracts in said Fourth Plat of Sunshine Acres.

( 1) Building Restrictions and Limitations:
(a) All lots or tracts in the Fourth Plat or Sunshine Acres shall be designated as “Residence Lots”.
(b) No single residence building shall be erected, placed or altered on any lot in said Fourth 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, plane hanger, open entries, porches and patios, and outbuildings.
(c) No such residence building shall be erected, placed or altered which shall not have a value equal to Eighteen and No/100 ($18.00) Dollars for each square foot of floor space therein contained. The minimum values per square foot hereinabove provided shall be exclusive of garages, plane hangers, outbuildings, open entries, porches and patios.
(d) 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.
(e) 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.
(f) 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.
(g) No building shall be erected or placed on any lot in said Fourth Plat except garages, plane hangers, 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.
(h) 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.
( i ) 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 front lot line, nor nearer than fifteen (15) feet from any side 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 Fourth 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 Fourth 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 Fourth Plat during the period of sales by SUNSHINE ACRES, INC.

(6) Dedicated Areas Platted for Utility Easements:
All areas of said Fourth 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 Fourth Plat, and limited to the purposes of serving the several owners within the Fourth Plat and subject to the regulations 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.

(7) Architectural Committee Approval:
No building or structure of any kind. shall be erected. placed or altered on any lot or lots in the said Fourth 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 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 Sunshine Acres residential Plats. It shall be the duty of said Committee to act in the best interests of the lot owners of Sunshine Acres and of SUNSHINE ACRES, INC., the developers of said property.
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.

(8) Animals:
No hogs, cattle, horses, sheep, goats, poultry or similar livestock shall be permitted or maintained on said Fourth Plat at any time. Household pets shall be permitted so long as they are confined to the property of the owner of said pets.

(9) Term of Protective Covenants:
These Covenants shall run wi th 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 Fourth Plat or Sunshine Acres.

(10) 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 Fourth Plat, or having a vendee’s interest under a real estate contract to purchase any real property situated in said Fourth 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.

(11) 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.

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

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 this 13th day of August , 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 day, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared E. D. WARREN and HELEN S. DENT, to me known to be the President and Secretary, respectively, of SUNSHINE ACRES, INC., the corporation that executed the foregoing instrument, the Declaration of Protective Covenants for the Fourth Plat of Sunshine Acres, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation.

WITNESS MY HAND AND OFFICIAL SEAL hereto affixed this 13th day of August, 1975.

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 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

P.O. Box 824, Sequim, WA 98382