HomeMy WebLinkAboutL_Deed_180907_v1.pdf20180419000292.001
Instrument Number: 20180419000292 Document:AG Rec: $138.00 Page -1 c
Record Date:4/19/2018 11:35 AM
Return Address:
Gerald Cornwall and Stacey Johnson
03 �'
chic.. �- '' n-,�,
Re'
AUDITOR/RECORDER'S INDEXING FORM
20180419000292
AGREEMENT Rec: $138.00
411912018 11:35 AM
KING COUNTY. WA
Document Title(s):
Agreement Assigning Exclusive Right to Use of Moorage Space
Grantor(s)
Conner Homes LLC, successor in interest of Barbee Mill Waterfront, LLC
Grantee(s)
Gerald D. Cornwall and Stacey A. Johnson, as owners of Lot 92, Plat of Barb
Mill and successors and assigns
Legal Description:
Tract 35 Renton Lot Line Adjustment N LUA-10-023-LLA Rec. No.
(abbreviated)
20120802900003, in the plat of Barbee Mill, vol. 248, pp. 25-38, records of
King County, Washin ton
X
Additional legal descriptions on page i QflrA ME MMMKE COMPANY
Assessor's Property Tax
0518500350, 0518500920 "W 0
RI as 8 t IORtEf soc�le,Sjl
Parcel/Account Number:
I and
the amacy or YaNld d
AGREEMENT ASSIGNING EXCLUSIVE RIGHT TO U�" MOORAGE
SPACE
This Agreement is hereby executed between Conner Homes, LLC, successor in interest
of Barbee Mill Waterfront, LLC, and their successors and assigns (together the "Grantor') and
Gerald D. Cornwall and Stacey A. Johnson, a married couple; and their successors and assigns of
ownership in said Lot 92 (together the "Grantee").
RECITALS
A. Conner Homes at Barbee Mill, LLC and Barbee Mill Waterfront, LLC were the developers
of a plat known as Barbee Mill in the City of Renton.
B. The Barbee Mill Community Organization is the owner of the property generally located at
4151 Williams Avenue North, Renton, WA 98056, and legally described as:
Tract 35, Renton Lot Lin Adjustment #LUA- 10 -023 -LLA, Rec. No. 20120802900003, in
the plat of Barbee Mill, vol. 248, pp.25038, records of King County, Washington ("Tract
35")
C. Tract 35 was previously conveyed to the Barbee Mill Community Association, subject to a
reservation of rights to be exercised by Grantor related to use of certain moorage space, as set
forth below.
D. Grantor constructed a community dock for the use and benefit of the members of the Barbee
Mill Community Organization, in Lake Washington. The community dock is located
Instrument Number: 20180419000292 Document:AG Rec: $138AWPage Qf c
generally west of Tract 35 and north of the property line between Tract 35 and Lot 36A in the
plat of Barbee Mill, assuming such lot line was extended into Lake Washington. The dock
includes two finger piers which extend south of the main dock into that portion of Lake
Washington west of Lot 36A, which is the subject of a recorded easement for the location
and use of the finger piers.
E. Grantor and the Barbee Mill Community Organization previously entered into a Joint Use
Dock Agreement, dated October 29; 2012 and recorded under King County Recording No.
20121211001514 ("Dock Agreement"), which governs the joint use of the community dock
by the residents and owners of lots in the Plat of Barbee Mill. In the Dock Agreement,
Grantor retained the right to exclusive use of the moorage spaces adjacent to the easterly
finger pier of the joint use dock ("Joint Use Community Dock") located on that certain
property legally defined in Exhibit A hereto and depicted in Exhibit B hereto.
F. The Dock Agreement, Section 1, specifically provides that "Grantor shall have the right to
assign or transfer the exclusive right to beneficial use of said moorage spaces to third parties
at such time and under such conditions as Grantor in its sole discretion determines is
appropriate."
G. Barbee Mill Waterfront, LLC was administratively dissolved on September 1, 2017. Conner
Homes, LLC is the successor in interest of Barbee Mill Waterfront, LLC.
H. Grantor, pursuant to the terms of the Dock Agreement, now wishes to assign the exclusive
right to use the moorage space on the western side of the easterly finger pier on the Joint Use
Dock to Grantee, and Grantee's successors and assigns of ownership of Lot 92 ("Grantee's
Property"), subject to the terms and conditions set forth herein.
AGREEMENT
In consideration of the mutual benefits and promises set forth herein, and in the Side
Agreement dated April 16, 2018, the parties agree as follows:
1. Beneficial Use of Moorage Space: Grantor hereby grants and conveys to Grantee, and
the successors and assigns of ownership to Grantee's Property, the right to exclusive use
of the western side of the easterly finger pier on the Joint Use Community Dock, and
consists of an area fifteen feet (15') wide in the east -west direction and fifty feet (50')
wide in the north -south direction ("Exclusive Moorage Area"), as depicted on the
diagram attached as Exhibit B.
2. Conditions and Limitations on Use of Exclusive Moorage Area: Grantee's use of the
Exclusive Moorage Area is subject to the following conditions and limitations:
a. Area Limit: No boats, toys, floats or other vehicles, structures or items shall
project beyond the limit of the space depicted in Exhibit B.
b. Department of Natural Resources Lease: The property on which Joint Use
Community Dock, including the finger pier adjacent to the Exclusive Moorage
Area, is constructed is leased from the Washington State Department of Natural
2
Instrument Number: 20180419000292 Document:AG Rec: $138.dW'Fa" a ZJ c
Resources (the "Lease'). A copy of that Lease is attached as Exhibit C. The right
of Grantee to use the Joint Use Community Dock and the Exclusive Moorage
Area is subject to the terms of the Lease. Grantee has reviewed the Lease and
agrees to accept and abide by the terms thereof. Grantee specifically
acknowledges that, under certain circumstances, the Department of Natural
Resources has the right to terminate the Lease. In the event that the Department
of Natural Resources does terminate the Lease pursuant to its terms, Grantee's
right to use the Joint Use Community Dock and the Exclusive Moorage Area shall
terminate on whatever conditions and restrictions may be imposed by the
Department of Natural Resources.
c. United States Army Corps of Engineers Permit: The construction and use of the
Joint Use Community Dock, including the use of the finger pier and associated
Exclusive Moorage Area, is subject to the terms and conditions of United States
Army Corps of Engineers Permit No. NWS -2010-140. A copy of said permit is
attached hereto as Exhibit D. All requirements and conditions of said Permit
regarding construction, maintenance, repair, and use of the community dock,
including the use of the finger pier and associated Exclusive Moorage Area, must
be complied with at all times. Grantee has reviewed the Permit and agrees to
accept and abide by the terms thereof.
d. Additional Structures:
i. Boat Lift and Utility Pedestal: Nothing in this Agreement shall be
construed to prohibit Grantee from installing a boat lift or utility pedestal
in the Exclusive Moorage Area in accordance with this Agreement,
provided Grantee shall, prior to installation or construction of a boat lift or
utility pedestal, obtain all necessary permits from agencies with
jurisdiction over the construction of such a facility; including the Barbee
Mill Community Organization. Grantor does not make any
representations about whether these can be permitted or the conditions or
restrictions which may be imposed on permits for such a facility. Grantee
assumes sole responsibility for obtaining any required agency permits.
ii. Other Structures: Except for a boat lift or utility pedestal which is
constructed pursuant to preceding subsection (2)(d)(i) of this Agreement,
no other structures of any kind, either permanent or temporary, may be
constructed in the Exclusive Moorage Area or on the adjacent finger pier.
e. Rules and, Regulations of the Barbee Mill Community Organization: Use of the
Joint Use Community Dock, including the finger pier adjacent to the Exclusive
Moorage Area, is subject to the Rules and Regulations adopted by the Barbee Mill
Community Organization with the following exceptions: (i) permanent moorage
in the Exclusive Moorage Area is allowed and (ii) fueling of personal watercraft
is allowed. Grantee, and Grantee's guests and invitees, shall abide by said Rules
and Regulations.
Instrument Number: 20180419000292 Document:AG Ree: $138AV'Ro aI c
3. Transfer or Assianment of Riaht to Use of Exclusive Moorage Area: Grantee shall have
the right to sell and/or lease Grantee's rights to the use of the Exclusive Moorage Area,
subject to the following terms and conditions:
a. Sale of Grantee's Property: The rights granted to Grantee by this Agreement run
with the title to Grantee's Property. In the event that Grantee's Property is sold or
otherwise transferred to a new owner, the rights created by this Agreement shall
be automatically transferred to the new owner of Grantee's Property. Upon
closing of any sale or transfer of Grantee's Property, the prior owner's rights to
use of the Exclusive Moorage Area shall automatically terminate.
b. Transfer of Rights to Other Owners of Lots in Barbee Mill: Grantee may sell
and/or lease its rights in the Exclusive Moorage Area to an owner of a Lot in the
Plat of Barbee Mill, provided the owner acquiring such rights agrees, in writing,
to accept and abide by all of the terms and conditions of this Agreement,
including the Department of Natural Resources Lease and United States Army
Corps of Engineers permit referenced above. In the event of such a lease or sale,
the rights acquired by the new owner shall run with the title to that owner's lot
and shall be automatically transferred to any subsequent owner of that lot.
Grantee shall not have the right to sell or lease its rights under this Agreement to
any party who is not an owner of a lot in the Plat of Barbee Mill.
4. Authori . Each of the parties to this Agreement hereby represents and warrants to the
other that it is duly authorized and empowered to execute, deliver, and perform this
Agreement. Grantor warrants that it is the successor in interest of Barbee Mill
Waterfront, LLC. Grantor further warrants that it is the record and beneficial owner of,
and has good title to, the Exclusive Moorage Area, and has the right to give, grant,
bargain, sell, and assign the Exclusive Moorage Area,
5. Miscellaneous. This Agreement (including exhibits which are material and integral parts)
and the Side Agreement dated April 16, 2018 contain the entire understanding between
the parties regarding the subject matter hereof. This Agreement may be modified,
supplemented or amended only by a written instrument signed by Grantors and Grantee,
and recorded in the real property records of King County, Washington. In no case shall
this Agreement be modified in any manner which conflicts with the terms and conditions
of Department of Army Permit No. NWS -2010-140 without the express prior written
approval of the Department of Army. This Agreement shall be interpreted and construed
under and governed by the laws of the State of Washington.
6. Subsequent Attorney's Fees. In the event that any action, suit or other proceeding is
instituted to remedy, prevent or obtain relief from a breach of this Agreement, the non -
breaching party shall recover all of such party's costs and reasonable attorney's fees
incurred in each and every such action, suit, or other proceeding, including any and all
appeals or petitions therefrom.
[SIGNATURE PAGE NEXT PAGE]
4
8 8000292.0
Instrument Number: 20180419000292 Document:AG Rec: $138.�� age- c
Uo...yrl 11.+o.A/10111 Q 1 1 934 AM W;nn i'n»nty WA
GRANTOR:
Conner Homes, LLC
By Z9 L-26;�
arks F. Conner, member and manager
Dated !f— l 7-t U
GRANTEE:
Gerald D. nwall
By
Dated��1:/:!F
GRANTEE:
Stacev A. Johnson
Dated 64 Y/ I
w
a s0002
Instrument Number: 20180419000292 Document:AG Rec: $138.�� Vages2-.00 (
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that 1 know or have satisfactory evidence that Charles F. Conner is the person who
appeared before me and signed this instrument, that he is a member and manager of Conner
Homes, LLC, a Washington limited liability company, that he was authorized to execute the
instrument as Grantor hereunder and acknowledge it to be the free and voluntary act of such
limited liability company for the uses and purposes mentioned in the instrument.
DATED: A- l% -_tb
Notary Seal
AH p pttll�
S~ SloM
V
S O
4o wvw
7/111 op
WASH
STATE OF WASHINGTON
COUNTY OF KING
(Print Name}
Notary Public
Residing at
My appointment expires: , --15 - 2,es
}
ss.
I certify that I know or have satisfactory evidence that _Gerald D. Cornwall and Stacey A.
Johnson are the people who appeared before me and signed this instrument, that he/she is the
owner of Lot 92 at Barbee Mill and that he/she was authorized to execute the instrument and
Grantee hereunder and acknowledge it to be the free and voluntary act for the uses and purposes
mentioned in the instrument.
DATED: 'A _ VS - l 9=�
s . ♦ s
(Print Name)
�C#
/Z*'9�� ,��•tg.Zo.��� s
Notary Public
Residing at �111fLA rt{�,1 -A-
V Itlll\V
\\�+
Ii OF �� .�•
My appointment expires: — k9 - 7-0
6
Instrument Number: 20180419000292 Document:AG Rec: $138.dV'Fa" e'1 t
EXHIBIT A
Joint Use Community Dock Legal Description
Tract 35, Renton Lot Line Adjustment # LUA-10-023-LLA Rec. No. 20120802900003, in
the plat of Barbee Mill, vol. 248, pp. 25-38, records of King County, Washington
Instrument Number: 20180419000292 Document:AG Ree: $138. WW" a29 c
EXHIBIT B
Depiction of Joint Use Community Dock, Grantee's Use Area, and Limit of Projection Area
m
r
4-
Instrument Number: 20180419000292 Document:AG Rec: $138. WW" a X40
EXHIBIT C
DNR Lease