Introduction and restrictions
The following dedication and its eight restrictions are a part of the plats of Lummi Island Scenic Estates and cannot be changed, altered, voided, or otherwise revised by any individual or group such as Lummi Island Scenic Estates Community Club.
After identification of the owners establishing the plat the dedication reads as follows: ". . .hereby declare this plat and dedicate to the use of the public forever all roads, alleys, easements, and public sites shown on the plat; also the right to make all necessary slopes for cuts and fills upon the lots, blocks, and tracts in any reasonable grading of the roads, alleys, easements, and public sites;" and where private roads exist; ". . .and in lieu of dedication of roads shown on this plat, hereby reserves forever unto all purchasers of all lots and tracts in this division and previous and subsequent divisions of Lummi Island Scenic Estates, a permanent easement for ingress and egress and public and private utilities over but confined to all private roadways shown hereon;" and all plats the following; " . . .and also the right to drain all roads, alleys and public sites over or across any lot or lots where water might take a natural course after the grading."
All lots, tracts or parcels of land embraced within this plat shall be subject to the following restrictions for a period of twenty-five (25) years from the date of recording of this plat, and all sales or transfers of ownership of the lots, tracts or parcels shall be subject to these restrictions.
No lot, tract, or portion of a lot or tract shall be subdivided and sold or resold, or ownership changed or transferred whereby the ownership of any portion of this plat shall be less than 7500 sq. ft. or less than 60 ft. in width at the building setback line.
No structure or building shall be constructed on any lot, tract, or parcel of this plat closer than 20 ft.* to the front property line and in the case of corner lots, no structure or building shall be constructed closer than 15 ft. to the side property line abutting the road right-of-way.
* Whatcom County Zoning requires 25 feet if bordering a main road (31 March 2000)
Construction on any lot shall require a building permit and a sewage disposal permit from the respective County agencies; and construction of any driveway or culvert on the road right-of-way shall require a permit from the County Road Engineer, prior to commencement of work.
Septic Tanks may be prohibited - Construction and use of private sewage disposal systems shall be in accordance with the requirements of the County Health Dept. Lots determined by the County Health Dept. to be unsuitable for septic tanks shall be restricted to approved concrete riser privies, chemical toilets or other approved means of sewage disposal until they are served by a public sanitary sewer system.
No building shall be placed or maintained on any lot except a private dwelling, garage, or suitable out-building for the sole use of the owner or occupant except as hereafter stated. No building shall be moved to or placed upon these lands, all buildings shall be constructed upon the property, except new, ready-made dwellings or garages.
Exterior work on any building shall be completed within one year from the start of construction. No imitations of any materials shall be used for exterior finish. Exterior finish shall be of wood, stone, brick, glass, concrete, or like material. Roofing can be of any standard roofing material.
Each lot is entitled to one hook-up to the private water system. The cost of the hook-up, materials, labor, and meter is to be paid for by the owner of the lot.
Ownership of those areas marked "Reserve" and Secondary Tidelands owned will be conveyed to a private non-profit corp. to be known as Lummi Island Scenic Estates Community Club. Ownership in any lot carries the ownership of one membership in said corp. subject to the Articles and By-laws thereof. Ownership of any lot in this plat shall convey to the owner thereof rights to areas marked "Reserve" on past and future plats known as Division 1, 2, 3, 4, etc. Lummi Island Scenic Estates, also owners of lots in said sub-divisions shall acquire proportionate [ownership] in areas marked "Reserve". Ownership by voluntary conveyance or contract is restricted to one individual or marital community.