CC&R's Division 1

Declaration of Protective Covenants and Restrictions

Fort WM. Symington- First Addition

January 22, 1964

The within and following covenants and restrictions shall apply to that subdivision of Kitsap County, State of Washington, known as Fort William Symington, First Addition, as per plat recorded in volume 11 of Plats, pages 22 to 24 inclusive, and it is the purpose and intent of these covenants and restrictions to preserve the harmonious and healthful environment for all owners.  Each and every restriction is to be a part of every deed or every contract of sale of any part of the tract and each restriction or covenant shall run with the land in favor of every other tract; each restriction shall be a part of the consideration in every deed or contract of sale for any tract:

  1. Lots may be cleared of sufficient area to provide space for structures of a permanent nature. However, in no event shall more than 60% of the native trees and cover be removed. No clear cutting shall be allowed.
  1. Residence structures shall have a minimum of 400 square feet in the living area.
  1. Any structures must be esthetically acceptable for the area and must be completed on the exterior not more than one year after construction has commenced.
  1. An original and one copy of a simple, dimensioned preliminary structure plan, or alteration of existing structure plan, showing placement on the lot shall be submitted to the incorporated developer for its approval or disapproval. Should no action be taken by the developer within thirty days from the submission of the said plan, the plan shall be deemed acceptable.
  1. No temporary structure may be erected or used as a living area on any lot for any period of time exceeding thirty days.  The plat is intended as a residential subdivision and no commercial ventures are to be allowed within the plat, except in areas designated by the developer and zoned for business by Kitsap County.  No noxious or offensive trade or activity shall be carried on or upon any lot or tract, nor shall anything be done thereupon which may be or become an annoyance or nuisance to the neighborhood.
  1. No subdivision of lots will be permitted where the resultant lot area is less than 10,000 square feet.
  1. Garbage, trash, junk, etc., shall be disposed of in a sanitary, lawful and proper manner in accordance with the modern practice.
  1. No undesirable objects, creating a nuisance, shall be permitted or suffered to exist upon any lot or tract in the plat.
  1. The right and title to all mineral and oil rights shall remain in Symington of Seattle.
  1. Should a community water system be installed at a future date, it shall be mandatory that the owner of each lot pay a nominal and equitable monthly fee for water service whether connected thereto or not.
  1. Community beach facilities will be designated when Lake William Symington is completed.  It is the intention of the developer that these facilities are to be deeded to a non-profit corporation to be known as Lake William Symington Community Club which is to be composed of lot owners of Fort William Symington and that such corporation shall thereafter manage and operate the facilities.

If the Parties hereto, or any of them or their heirs or assigns, shall violate or attempt to violate any of the covenants herein it shall be lawful for any other person s or person owning any real property situated in said development or subdivision to prosecute any proceeding at law or in equity against the person or persons violation or attempting to violate any such covenant an either to prevent him or them from so doing or to recover damages or together dues for such violation.

Invalidation of any of these covenants by judgment or court order shall in no wise affect any of the other provision which shall remain in full force and affect.

(Notarized affidavit on file with Kitsap County, Feb 12, 1969, Vol 948, Page 458)