SNAG ISLAND MAINTENANCE ASSOCIATION
DECLARATION OF COVENANTS AND RESTRICTIONS
KNOW ALL MEN BY THESE PRESENTS: That the Snag Island Maintenance Association, a non-profit, non-stock, Washington Corporation, hereinafter referred to as "declarants," do hereby declare as follows:
WHEREAS declarants are members of the Snag Island Maintenance Association whose jurisdiction is certain real property located In Pierce County, State of Washington, all lots in Sections 14,15 and 22, Township 20 North, Range 5 East, W.M., commonly referred to as Snag Island, hereinafter referred to as "said property," and owners thereof, and
WHEREAS declarants desire to subject said property to the restrictions, covenants, conditions, reservations, easements and charges hereinafter set forth, each and all of which Is and are for the benefit of said property as covenants running with the lands, and each and every parcel thereof, this declaration of covenants and restrictions being for the purpose of keeping said property desirable and suitable In architectural design and use as hereinafter specified; and WHEREAS the power to enforce said restrictions, covenants, conditions, reservations, easements and charges Is to reside in declarants, its successors and assigns, a non-profit corporation as organized under the laws of the State of Washington, now, therefore,
DECLARANTS DO HEREBY DECLARE that the above described property Is and shall be held and conveyed upon and subject to the restrictions, covenants, conditions, reservations, easements and charges hereinafter set forth. No property other than that described above shall be deemed subject to this declaration unless and until specifically made subject thereto.
General Purpose of Conditions
The said property Is being subjected by this Declaration to the restrictions, covenants, conditions, reservations, easements and charges hereby declared to provide for the best use and the most appropriate development of each building site thereof; to protect the owners of building sites against such Improper use of surrounding sites as will depreciate the value of their property; to guard against the erection of poorly designed structures and structures built of Improper materials; to assure the best development of said property; to encourage the erection of attractive homes thereon with appropriate locations thereof on building sites; to prevent haphazard and inharmonious Improvements of building sites; to secure and maintain proper setbacks from the street; and adequate free spaces between structures, and in general to enhance the value of investments made by purchasers of lots therein.
1. Minimum lot size shall be two (2) acres. Lots in said property are for single-famiIy dwellings only. The dwelling or dwellings upon said lot can include appropriate out buildings and a guesthouse.
A. NUISANCES, No noxious of offensive activity shall be carried on upon any of the said property, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. Determination as to what is noxious or offensive rests with the declarants, Its successors and assigns.
B. REFUSE. No lot shall be used or maintained as dumping ground for rubbish, refuse, land clearing remains or garbage. Disposal of garbage and burning shall be in accordance with local regulations.
2. Owners can raise livestock, small animals and poultry on parcels of not less than two (2) acres, provided:
A. That there shall be not more than one (1) livestock, six (6) small animals and twelve (12) poultry per acre of enclosed, useable pasture or roaming area.
B. That the enclosed pasture or roaming area shall be maintained not less than seventy-five (75) feet from the nearest dwelling on an adjacent parcel of land, the responsibility for relocating and refencing the enclosure as new dwellings are constructed on adjacent properties continuing to the property containing the livestock, small animals or poultry.
C. That any barn, feed lot, sty, henhouse or other concentrated enclosure for the livestock, small animals or poultry shall be maintained not less than seventy (70) feet from any adjoining property line, and not less than forty-five (45) feet from any street right-of-way.
1. Prior to developing and/or clearing any lot on said property, a permit must be obtained from the declarants, its successors and assigns. Permit forms are available from a trustee or the secretary.
2. The basic guidelines for permit approval are listed herein:
A. One-third of the area of each parcel of land shall be left natural except to remove dead wool, removal of noxious growth, and installation of nature trails.
B. Natural border areas of at least twenty-five (25) feet are, if possible, to be left on each side of a property line and along all roadways. This natural area may be the same as the natural area referred to in 2-A above.
C. The portion that is not left natural should be cleared in such a way that it disturbs the natural setting as little as possible. Large trees should be left where possible. Complete clearing Is allowed for the building site, view areas and driveway area.
1. Prior to the construction of any structure, a permit must be obtained from the declarants, its successors and assigns. Permit forms are available from a trustee or the secretary.
2. The basic guidelines for permit approval are listed herein with this theme in mind, anything that is consistent with the area In design and location.
A. The work of construction of all buildings and structures shall be pursued diligently and continuously from commencement of construction until exterior of such buildings and structures are completed or suitably finished and within one (1) year of commencement. Extension of the one-year limit may be granted by the declarants, its successors and assigns provided a written request is received prior to the expiration of the one year limit. All buildings shall be of new construction, conform to the uniform building code, and other County regulations.
B. Building Size Limitations. No dwelling shall be permitted on any lot wherein the floor area of the structure shall be less than 1, 000 square feet of enclosed living area not counting garage areas. No dwelling shall be higher than 35 feet.
C. Temporary Structures, No structure of a temporary nature, basement, tent, shack, garage, trailer or camper or any other outbuildings shall be used on any lot at any time as a permanent or seasonal residence or dwelling, except under a temporary written permit which may be granted upon specific time limitations of such use, In the discretion of the declarants, Its successors and assigns, providing such use is In compliance with local health department regulations. This clause shall not be construed so as to prevent construction offices built during construction of the dwellings and removed promptly upon completion of said dwelling or to prevent recreational use of the property.
D. Docks, Boathouses and Bulkheads. All waterfront Improvements such as docks, boathouses and bulkheads shall be constructed in accordance with applicable county building regulations, the Shoreline Management Act and Puget Sound Power and Light Company regulations. All construction shall be substantial and constructed of suitable materials. Wooden structures in the water shall be pressure treated to prevent decay.
E. If the twenty-five (25) foot natural border is not possible from property, there is a twenty-five (25) foot building setback from all property lines, and fifty (50) foot setback from the water.
1. No person shall commit an act or shall allow a domestic animal or animals under his control to commit an act that would pose hazard to wild life, except a herein provided.
2. Fencing requires a permit because it restricts the movement of wild life. Fencing permits will be allowed consistent with the preservation of natural areas and wild life.
3. The report from Jim Howton should be read and and followed on procedures to prevent harm to the soil, vegetation, and other wild life
4. Snag Island is classified as an unsafe area for the discharge of firearms by the county.
Discharge of firearms Is illegal In so designated areas.
1. Variance. Variances may be granted by a majority vote of a quorum or trustees.
2.Definitions. Wherever used in this Declaration, the following terms shall have the
meaning given them in this Article VI.
A. "Said property" shall mean all the lots under the jurisdiction of the Snag Island Maintenance Association.
B. "Declarants" shall mean the Snag Island Maintenance Association.
C. "Owner" shall mean and Include contract purchasers of lots within the said property and any person or entity acquiring title from any owner by gift, purchase, inheritance, or by and foreclosure or forfeiture, Including, without intent or limit the generality hereof, any and fIll successors in interest of any owner.
D. "Structure" shall mean anything constructed In the ground, or anything erected which requires location on the ground or water or is attached to something having location on or in the ground.
E. "Guest House" shall mean an additional accessory living quarters or residence.
F. "Livestock" shall mean horses, bovine animals, sheep, goats, swine, donkeys and mules.
G. "Animals, Small" shall mean any animal other than livestock.
H. "Building Site" shall mean only that portion of the lot needed for a main building and its accessory buildings together with the minimum yards and open space required by county regulations.
3. Right of Entry. The declarants, its successors and assigns shall have the right to enter upon any vacant or then unoccupied lot and after reasonable notice to the owner thereof, do at the expense of the Snag Island Maintenance Association whatever Is necessary to clean up and maintain the appearance thereof in a condition consistent with that of the other lots within the said property.
4. Enforcement. The declarants, its successors and assigns are hereby charged with the authority and obligation for the enforcement of this Declaration. Enforcement may be by proceedings In equity or at law against the person or persons violating or attempting or threatening to violate any of the Covenants or Restrictions hereof, either to restrain such violation or to recover damages. In the event the declarants fall to take appropriate action for the enforcement of the Covenants and Restrictions hereof within a reasonable time after a violation or threatened or attempted violation Is brought to its attention in writing, any person or persons then owning lots within said property may take such steps In law or in equity as may be necessary for such enforcement. Any damages recovered in such enforcement proceedings shall inure to the benefit of the person or persons damaged by the violation Involved. The party prevailing in any such enforcement proceedings whether in equity or In law shall have from Its opponent such attorney's fees as the court may deem reasonable.
5. Severabllity. Invalidation of any one of these covenants and restrictions or any part thereof by judgment or court order shall in no way effect any of the other provisions hereof, which shall remain In full force and effect.
6. Amendment of Declaration. This declaration may be amended at any time by an affirmative vote of a majority of the members of Snag Island Maintenance Association.
7 .Permits. All permits will be considered approved if not returned within sixty (60) days.
Recorded Dec. 2, 1975 SNAG ISLAND MAINTENANCE ASSOCIATION A Non-Profit, Non-Stock Corporation