Platted Protective Covenants

WE, the undersigned, being owner of all the lots, tracts, and parcels of land situated within the certain boundaries of that certain subdivision known as Sea View Terrace and Sea View Terrace First Addition as per plats thereof recorded in the office of the auditor of Kitsap County, Washington, do hereby impose the following protective covenants upon all of the real property incorporated within said plat of Sea View Terrace First Addition.

The following covenants are Imposed pursuant to a general plan for the; benefit of ail said tracts, and each and every building site therein. They are designed for the mutual benefit of the building sites in said tract, and shall pertain to and pass to each building site therein, and shall bind all persons together with their respective successors interest, who may at any, time, and from time to time, own sald property.

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1. LAND USE AND BUILDING TYPE

No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single-family dwelling.

2. ARCHITECTURAL CONTROL

No building shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee as to quality of workmanship and materials, harmony of external design with existing structures, and, as to location with respect to topography and finish grade and elevation. No fence or wall shall be erected, placed or altered on any lot nearer to any street than the minimum building setback line unless similarly approved.

3. MEMBERSHIP

The Architectural Control Committee is composed of the following: Paul M. Wick, Ethel M. Wick and P. Melvin Wick Jr. A majority of the committee may designate a representative to act for it. In the event of death or resignation of any member of the committee, the remaining members shall have full authority to designate a successor. Neither the members of the committee, nor its designated representative shall be entitled to any compensation for servies performed pursuant to this covenant. At any time the then record owners of a majority of the lots shall have the power through a duly recorded written instrument to change the membership of the committee or to withdraw from the committee or restore to it any of its powers or duties.

4. PROCEDURE

The Committee’s approval or disapproval as required in these covenants shall be in writing. In the event the committee, or its designated representative, fails to approve or disapprove within 30 days after plans and specifications have been submitted to it, or if any event, no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related shall be deemed to have been fully complied with.

5. VIEW RESTRICTIONS

No hedge or fence shall exceed 5 feet in height.

No trees will be permitted of such height or character that they restrict the view.

Trees now standing (as of 11/29/1971) shall be permitted to remain on the lot if the owners of lots upon which they are located desires, but such trees will be required to be trimmed at the expense of the owner of the lot on which they are located when requested by the owner or purchaser of any house whose view is restricted by them, so that such trees shall not restrict the view to any greater degree than they do as of the filing of this plat.


Guidance on Community Tree Maintenance

Kitsap County Timber Harvest & Tree Removal

Guidance on Hillside Stabilization

6. DWELLING QUALITY AND SIZE

All residences or other structures in this plat shall be limited to a height not to exceed 16 feet measured from the highest point on perimeter building line to the highest point on the roof line of said structure. Main floor shall not be less than 1,000 square feet exclusive of attached garage. All houses, garages, or other buildings shall conform to the Federal Housing Administration Standards. Any dwelling or structure erected or placed or planned on any residential lot in this subdivision shall be completed as to external appearances, including finish painting, within one year from date of start of construction except for reasons beyond control, in which case a longer period may be permitted.

7. TEMPORARY STRUCTURES

No structures of a temporary nature, mobile home, basement, tent, shack, garage, barn or any other outbuilding shall be used, either temporarily or permanently, nor shall any trailer be parked or stored upon any residential lot without the written consent of the Architectural Control Committee. Personal travel and boat trailers will be permitted without consent of the Architectural Control Committee, provided such trailers do not conflict with any other provisions herein.

8. EASEMENTS

Easements five (5) feet in width are reserved for installation and maintenance of utilities and drainage facilities along each side of interior lot lines and over the rear five (5) feet. of each lot.

9. NUISANCES

No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become annoyance or nuisance to the neighborhood.


Per Kitsap County Code 9.56

(10) “Nuisance,” “violation” or “nuisance violation” means:

(a) Doing an act, omitting to perform any act or duty, or permitting or allowing any act or omission, which significantly affects, injures, or endangers the comfort, repose, health or safety of others, is unreasonably offensive to the senses, or obstructs or interferes with the free use of property so as to interfere with or disrupt the free use of that property by any lawful owner or occupant; or (READ FULL CODE HERE)

10. GARBAGE AND REFUSE DISPOSAL

No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All Incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.

Additional properties with the rights and obligations as members of this Corporation were subsequently appended to Seaview Terrace through short-form subdivision amendments or quit claim deed and thus not shown on the recorded initial and first addition plats of the Seaview Terrace Subdivision.  Such members are evidenced by such properties having been dunned for and paying the annual HOA fees and having been deeded an undivided share of parcel 092202-4-001-2000 which provides beach access and amenities. A list of these properties is provided in Exhibit B and graphically displayed in Exhibit C of the proposed bylaws. The declaration of covenants associated with these appended properties are recorded through their property deeds, and shall apply even though they may differ from the covenants listed above.