The below data was scanned from SAPOA’s copy of its legal documents. To obtain a copy of the original document please contact the SAPOA secretary. Otherwise print the covenants from this web page by using file print on your browser.

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