CC&R's Division 2
Protective Covenants and Restrictions
For Second Addition to Fort WM. Symington
December 15th, 1972
The following covenants and restrictions shall apply to that subdivision of Kitsap County, State of Washington, known as Fort William Symington, as per plat recorded in volume 12 of Plats, pages 75, 76, and 77, inclusive. It being the purpose and intent of these covenants and restrictions to preserve the natural beauty of said subdivision and to insure a safe, pleasant, harmonious and healthful environment for all ownersin said subdivision. 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:
- 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.
- Residence structures shall have a minimum of 600 square feet in the living area.
- Any and all structures must be esthetically acceptable for the area and must be completed on the exterior not more than one year after construction has commenced.
- 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 corporation developing the plat, for its approval or disapproval and should all the property be sold, so that the corporation doing the development no longer owns any property within the plat of Fort William Symington, then the plan shall be submitted to the Lake William Symington Community Club, for its approval or disapproval. Should no action be taken by the developer or Community Club within thirty days from the submission of the said plan, the plan shall be deemed acceptable.
- No trailer or campers shall be permitted as living quarter, upon any lot in this subdivision, and 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 corporation developing the property 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 neighbors.
- Garbage, trash, junk, etc., shall be disposed of in a sanitary, lawful and proper manner in accordance with the modern disposal practices.
- No undesirable objects, creating a nuisance, shall be permitted or suffered to exist upon any lot or tract in the plat.
- The right and title to all mineral and oil rights shall remain in the corporate developer, Symington of Seattle.
- The purchaser of each lot shall be required to pay an equitable monthly fee, for water services when connected to the said water service.
- Symington of Seattle, Inc., the corporate developer, will designate certain areas as community beach facilities when the beach development of Lake William Symington is completed. The developer will, by deed, convey these facilities to a non-profit corporation to be known as Lake William Symington Community Club and to be lot owners of all plats or additions to the plats of Fort William Symington and after said deed is given, the non-profit corporation shall thereafter manage and operate the entire 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 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)