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Home My WebLink AboutE 20050706002329 ' � � � • , � After Recording, Return to: ; ---- --- _ . _.---- -. Robert&Alina Bartell I725 Northeast 24th Street Renton,WA 98055 200�07�6002329 CITIf OF RENTON MISC 23.00 PAGE001 OF 007 87/06/2005 35:27 KING COUNTY, WA [Space abov�;this line for Recorder's use enly] DECLARATIQN OF STORM DRA.INAGE AND MAINTENANCE This Declaration of Joint Access, Utilities and Maintenance(the "Declaration"}is bein� made on the date hereinafter set forth,by Robert H. Bartell, Alina M. Bartell,husband and wife, and Urszula Narkiewicz("Grantors"). RECITALS: WI�REAS, Grantors are in the process of platting into nine (9) iots certain real property that it owns. Lots 1 through 9, inclusive, legally described on attached Exhibit A, are affected by this Declaration. W�IEREAS, Grantors are constructing a Storm Drainage Tract(Tract A}, �raphically depicted, and legally described on E�ibit B attached hereto,to provide storm water drainage for Lots 1 through 9, inclusive. W�IEREAS,this Declaration establishes mutuaI easements and maintenance obligations regarding the Starm Drainage Tract and the impravements,within the Storm Draina�e Tract. NOW, THEREFORE, Gra.ntors hereby declares as follows: I. Maintenance and Repair. The owners of Lots 1 through 9, inclusive, shall share equally the costs of maintaining and repairing the following:the Storm Drainage Tract, and the shared underground utilities, including the storm drainage. Any catch basin, if any, shall be inspected and cleaned on a semi-annual basis ar�d the costs associated therewith shall be shared equaliy by Lots 1 through 9, inclusive. All costs related to storm vvater runoff control shall be borne equally by the owners of Lots 1 through 9, inclusive. The Lot owners shall share equally the cost of al!reai estate or other t�es applicable to the Driveway, if any. Provided,hovvever, the cost of any repairs to the Storm Drainaje Tract, or to other items that are to be mutually shared and maintained by the Lot owners Page 1 of 6 ,"'`=��-"� "��°�'��$ as described herein, resulting from the negligence or intentional misconduct of any Lot owner, shall be paid by the Lot owner causing the damage except to the e�ent such cost is covered by insurance. Unless otherwise agreed in writing by the Lot owners, all maintenance and repair decisions shall be by unanimous written consent of the Lot owners. After receipt of such unanimous written consent, any Lot owner incurring such maintenance and/or repair costs, shall provide a written invoice to the other Lot owners stating each Lot owner's pro-rata share of such costs, and the other Lot owners shall pay the invoice within thirty(30) days of receipt thereof. Any overdue amounts shall bear interest at the lesser of twelve percent (12%) or the highest nonusurious rate permitted by law, and the substantially prevailing Lot owner(s) in any action to recover those amounts shall be entitled to their reasonable attorneys'fees and costs. I. Reservation. Grantors and all future owners of all or any portion of Lots 1 through 9, inclusive, reserve all rights not expressly granted hereunder. I. Indemnity and Insurance. The owners of Lots 1 through 9, inclusive, and such owners' successors and assigns (each an "Indemnitor"), agree to indemnify, defend, and hold the other owners and such other owners' successors and assigns harmless, from and against any and all claims, liens, losses, liabilities and expenses, including attorneys' fees and court costs, incurred by or asserted against such owners or their successors and assigns, as a result of any negligent or wrongful acts or maintenance or repair on the Storm Drainage Tract by the Indemnitor or its employees, agents, tenants, contractors, successors or assigns. This indemnity shall run with the land and shall inure to the benefit of the owners of all or any portion of Lots 1 through 9, inclusive. Each owner shall at all times, at its sole cost and expense, keep in full force and effect a policy of commercial general liability insurance insuring against any and all claims or liability arising out of the use or maintenance of the Storm Drainage Tract, in an amount of not less than One Million Dollars ($1,000,000) per occurrence, covering bodily injury to persons, including death, and damage to property, including automobile liability coverage and contractual liability endorsement covering the indemnification covenant stated above; and shall insure the hazards of the Storm Drainage Tract and the insured party's operations thereon, including the acts of its independent contractors. Each party shall be named as an additional insured under the policy of the other party, such coverage may not be discontinued or terminated except upon thirty(30) days prior written notice to the other party, and each policy shall have a deductible of not more than $5,000. I. Reasonable Use. The owners and their tenants, employees, agents, contractors, successors or assigns shall use the Storm Drainage Tract in a reasonable manner consistent with this Declaration and, to the extent reasonably possible, shall avoid disturbing the other owner or its agents, employees, tenants, contractors, successors or assigns. Page 2 of 6 I. Notices. Any notices required or permitted hereunder shall be in writing and shall be effective when delivered in person, the third day after being sent by registered or certified United States mail, return receipt requested, postage prepaid, or the first business day after being sent by overnight courier, addressed to the owner of Lots I through 9, inclusive, as the case may be, at the current mailing address listed in the records of the King County Assessor. I. Covenants Runnin�With the Land. The rights and restrictions contained herein shall be deemed appurtenant covenants running with the land and shall benefit and be binding upon the owners of Lots 1 through 9, inclusive, and their respective heirs, successors and assigns. I. Costs and Attornevs' Fees. Should an owner of Lots 1 through 9, inclusive, initiate legal proceedings to adjudicate any issues arising hereunder or to enforce any term, the party who substantially prevails shall be entitled to reimbursement of their reasonable attorneys' fees, costs, and expenses reasonably incuned in preparing to bring suit, during suit, on appeal and in enforcing any judgment or award.. It is agreed that any action at law or equity shall be brought in King County, Washington. I. Waiver/Modification. Any waiver of any breach shall not be considered a waiver of any future similar breach. There shall be no mod�cation or amendment to this Declaration except in a writing signed by all of the owners of Lots 1 through 9, inclusive. The foregoing Declaration and any rules and regulations adopted hereunder are in the best interests of the Short Plat. Any subsequent owner of Lots 1 through 9, inclusive, shall be bound by this Declaration and the terms and conditions set forth herein. DATED this�l day of /�— 2005. Page 3 of 6 Grantors: n � , ` ��E"L � ' -`; , G;� � � �� Robert H. Bartell ma M. Bartell � f, �� '�h� U�'/y� `� � Y I'J ��- `'� ��.`�cve'e�:tl�t Urszula Narkiewicz ��f��`-�-v�r'G�,='�`�.�4��",p�'"��'te� ��:�••'� •; '•, I�k tr ' •'F.1.��`•1,�f1,~i�;�� ' ��J + '�,yl� r.s - -~f,` �e P '� �',`_?f',1``� '- ?�"', i State of Washington ) r ""� ��.�'� ,:� � s .�—i F'�.- C.:; ,� )SS �d � ��'�`-it � County of /� aPit`��ry�-';� .�`��" - j+,tt{��,�yZ_,``,�'�i_'j..`�,. I certify that I know or have satisfactory evidence that" ' • '';t�'"'''`�',�Alina M. Bartell, husband and wife, signed this instrument and acknowledged it to be their free and voluntary act for the uses a�,�.�4ses mentioned in the instrument. :��,�C�x��t;��ry1 S f,��.t'reYd , ' �. ` •{'�.,� db e� •"fi�' �q.{�� '�f ' 'y Not Public in d for the State o ashi,ngton, % ',� �4-I�. .,�� +;,� J Notary(Print) � �Q • Z i � pi1,1L`s� y � c��; ,;`� My appointment ex u-es: 9 -��j-C� °f�s��• �_e-,_;,�:; _�� Dated: 3�j 1 0� q�=ay$Lk,�yh��,c�it' �F'+lilne.e.`+z'��' State of Washington ) )SS County of �vz K-��--l�(' l3a��t� I certify that I know or have satisfactory evidence that ' , igned this instrument and acknowledged it to be�free and voluntary act for the uses and purposes mentioned in the instrument. hi 5 � � �..�.�� L' " � i� . _�,t,,HARpFR�i� Notary Public in an f r the tate of Washington, /S Q'�\5siotV�+,�: 'l�� Notary(Print) - �-� �Z`t"f�v�-�' � :'o NOTARY �'�: � My appointment expires: f,2 _ q -�<v � :v ....� in. J i F't1��.tG � ; Dated: -�'> '�%—� l++��`p �-�-*�� °;C��'�'' E 1,T��C��`,.�,��v,�.� Page 4 of 6 EXHIBIT A [Legal Description of Lots 1 through 9] LOT 1 Lot 1 of the Bartell Short Plat, as recorded in Volume_,of Short Plats, at pages to filed under Recording No. records of King County, Washington. LOT2 Lot 2 of the Bartell Short Plat, as recorded in Volume_,of Short Plats, at pages to filed under Recording No. , records of King County, Washington. LOT 3 Lot 3 of the Bartell Short Plat, as recorded in Volume_,of Short Plats, at pages to filed under Recording No. , records of King County, Washington. LOT 4 Lot 4 of the Bartell Short Plat, as recorded in Volume_,of Short Plats, at pages to filed under Recording No. , records of King County, Washington. LOT 5 Lot 5 of the Bartell Short Plat, as recorded in Volume_,of Short Plats, at pages to , filed under Recording No. records of King County, Washington. LOT 6 Lot 6 of the Bartell Short Plat, as recorded in Volume_,of Short Plats, at pages to filed under Recording No. , records of King County, Washington. LOT 7 Lot 7 of the Bartell Short Plat, as recorded in Volume_,of Short Plats, at pages to filed under Recording No. , records of King County, Washington. LOT 8 Lot 8 of the Bartell Short Plat, as recorded in Volume_,of Short Plats, at pages to filed under Recording No. records of King County, Washington. LOT 9 Lot 9 of the Bartell Short Plat, as recorded in Volume_,of Short Plats, at pages to filed under Recording No. , records of King County, Washington. Page 5 of 6 EXHIBIT B Storm Drainage Tract Description TRACT A Tract A of the Bartell Short Plat, as recorded in Volume_,of Short Plats, at pages to , filed under Recording No. , records of King County, Washington. Page 6 of 6 LIlVIITED POWER OF ATTORNEY BE IT KNOWN,that WrSZv la l�a�k�e w,f Z ��e and appointed,and by these presents does make and appoint R�sy,r 1-� �✓.� t� true and lawful attorney for himJher and in his/her name,place and stead,for the following specific and limited purposes Only: s�� ac c.�we.,�s re 14� -t a �e Sl.o,.��/4�- a� s<�Q � ��zr ��. z��t, s��-, 2e�,�., +-✓�- �Q�as6 giving and granting said attorney,full power and authority to do and perform all and every act and thing whatsoever necessary to be done in and about the specific and limited premises(set out herein)as fully,to all intents and purposes,as might or coutd be done if persona(ly present,with full power of substitution and revocation,hereby ratifying and confirming all that said attorney shall lawfully do or cause to be done by virtue hereof. IN WITNESS WHEREOF,I have hereunto set my hand and sea.l this�day of /� Rcl� ,2oO5" �0 2�� i�� -- L.s. Sworn to before me this � day of_�j/�J2 C ff" ,20 6� 1�1 . Nt)TARY PUBLIC 619�A M. ROBERTS NOTARY PUBLIC STATE OF WASH�I6TON w4MIYMSSK)N EXP�S My Commission Expires: �19.2008 �� ` �`t��