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HomeMy WebLinkAboutA 20041005002154 111111 11 11 1111 Return Address: City of Renton 20041005002154 City Clerk's Office CITY OF RENTON DELL 1055 S Grady way pq 25.00 1000S 2004 104:25 Renton WA 98055 KING COUNTY, WA • Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04) Document Title(s)(or transactions contained therein): (all areas applicable to your document must be filled in) 1. Joint Access,Utilities and Maintenance Agreement Reference Number(s) of Documents assigned or released: g Additional reference#'s on page 2 through 7 of this document Grantor(s) (Last name,first name,initials) 1.J&M Development Corp. Additional names on page of document. Grantee(s) (Last name first,then first name and initials) 1. Owners of Lots 7, 8,9 and 10 of Parkview Homes Additional names on page of document. Legal description(abbreviated: i.e. lot,block,plat or section,township,range) The East half of Tract 223, C.D Hillman's Lake Washington Garden of Eden Addition to Seattle Division No. 4, according to the plat thereof recorded in Volume 11 of Plats, Page 82, in King County, Washington. Additional legal is on page 6 of document. Assessor's Property Tax Parcel/Account Number ❑Assessor Tax#not yet assigned 334390-0860 The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. Signature of Requesting Party W r • After Recording, Return to: City of Renton City Clerk's Office 1055 S Grady Way Renton, WA 98055 [Space above this line for Recorder's use only] DECLARATION OF JOINT ACCESS,UTILITIES AND MAINTENANCE This Declaration of Joint Access, Utilities and Maintenance (the "Declaration") is being made on the date hereinafter set forth, by J&M Land Development, Inc., a Washington corporation ("J&M"). RECITALS: WHEREAS, J&M is in the process of platting into ten lots certain real property that it owns. However, only Lots 7, 8, 9 and 10, legally described on attached Exhibit A, are affected by this Declaration. WHEREAS, J&M is constructing a twenty (20) foot wide private driveway Twenty (20) feet of which will be comprised of an impervious material, e.g., asphalt("Driveway"), graphically depicted, and legally described on Exhibit B attached hereto,to provide shared access to Lots 7, 8, 9 and 10. WHEREAS, J&M undertook installing, for the benefit of Lots 7, 8, 9 and 10: certain utilities, including, but not limited to cable, phone, electrical, water, sewer, gas and shared storm drainage. WHEREAS, this Declaration establishes mutual easements and maintenance obligations regarding the shared Driveway and the improvements, including the utilities, within the Driveway. NOW, THEREFORE, J&M hereby declares as follows: • 1. Grant of Easement. J&M hereby declares perpetual, non-exclusive mutual easements to and for the benefit of Lots 7, 8, 9 and 10, over, under and across the Driveway depicted and described on the attached Exhibit B (the "Easement Area"), for the purpose of ingress and egress, and utilities, including storm drains. The scope of the easements granted Page 1 of 6 • hereunder shall include the right to install, construct, operate, maintain, remove, replace, repair, and use a paved joint driveway and all utilities located thereon(including but not limited to, power, water, drainage, sewer, and appurtenant facilities). 2. Maintenance and Repair. The owners of Lots 7, 8, 9 and 10 shall share equally the costs of maintaining and repairing the following: the Driveway, and the shared underground utilities, including the storm drainage. Any catch basin, if any, shall be inspected and cleaned on a semi-annual basis and the costs associated therewith shall be shared equally by Lots 7, 8, 9 and 10. All costs related to storm water runoff control shall be borne equally by the owners of Lots 7, 8, 9 and 10. The Lot owners shall share equally the cost of all real estate or other taxes applicable to the Driveway, if any. Provided, however, the cost of any repairs to the Driveway, or to other items that are to be mutually shared and maintained by the Lot owners 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 extent such cost is covered by insurance. Unless otherwise agreed in writing by the three 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. 3. Separate Utilities. Each owner of Lots 7, 8, 9 and 10 shall be solely responsible for the costs of installing, replacing, repairing, and maintaining those utilities now or hereafter maintained within the Easement Area that serve such owner's property and not the other Lot owners' property. 4. Reservation. J&M and all future owners of all or any portion of Lots 7, 8, 9 and 10 reserve all rights not expressly granted hereunder. 5. Indemnity and Insurance. The owners of Lots 7, 8, 9 and 10, 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 Easement Area 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 7, 8, 9 and 10. 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 Easement Area, 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 Page 2 of 6 the indemnification covenant stated above; and shall insure the hazards of the Easement Area 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. 6. Reasonable Use. The owners and their tenants, employees, agents, contractors, successors or assigns shall use the Easement Area 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. 7. 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 7, 8, 9 and 10, as the case may be, at the current mailing address listed in the records of the King County Assessor. 8. Covenants Running 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 7, 8, 9 and 10, and their respective heirs, successors and assigns. 9. Costs and Attorneys' Fees. Should an owner of Lot 7, 8, 9 and 10 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 incurred 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. 10. Waiver/Modification. Any waiver of any breach shall not be considered a waiver of any future similar breach. There shall be no modification or amendment to this Declaration except in a writing signed by all of the owners of Lots 7, 8, 9 and 10. The foregoing Declaration and any rules and regulations adopted hereunder are in the best interests of the Plat. Any subsequent owner of Lots 7, 8, 9 and 10 shall be bound by this Declaration and the terms and conditions set forth herein. DATED this 24th day of September 2004. J&M LAND DEVELOPMENT, INC., a Washington corporation, Y: //4 , Tar Rous •, 'resident Page 3 of 6 THIS IS TO CERTIFY that on thisday of 2004, before me,the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Marc Rousso,to me known to be the President of J&M Land Development, Inc., the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument. DATED: , 2004. ©�" , ...1,� 'OTARY PUBLIC in and for the ^�V � r ,'0%,•:N ',� State of Washin on t �.:a 'ty��,.�R Residing at " E101-0K , My Commission Expires: ( 51•Z0 05 ',�� . }`u`�`�-\" :gip r Printed Name: h110..NDLe R.F E f L S • s Page 4 of 6 L • EXHIBIT A [Legal Description of Lots 7, 8, 9 and 10] LOT 7 Lot 7 of the Plat of Parkview Homes, as recorded in Volume ,of Plats, at pages to , records of King County, Washington. LOT 8 Lot 8 of the Plat of Parkview Homes, as recorded in Volume ,of Plats, at pages to , records of King County, Washington. LOT 9 Lot 9 of the Plat of Parkview Homes, as recorded in Volume ,of Plats, at pages to , records of King County, Washington. LOT 10 Lot 10 of the Plat of Parkview Homes, as recorded in Volume ,of Plats, at pages to , records of King County, Washington. Page 5 of 6 EXHIBIT B Joint Access, Utilities and Maintenance Description Commencing at the southwest corner of the east half of Tract 223, C.D Hillman's Lake Washington Garden of Eden Addition to Seattle Division No. 4, according to the plat thereof recorded in Volume 11 of Plats, Page 82, in King County, Washington. thence North 00°30'57" West, along the west line of said east half, a distance of 385.00 feet; thence North 39°34'05" East, a distance of 55.00 feet to the True Point of Beginning; thence North 42°47'03" East, a distance of 15.43 feet; thence North 00°30'57" West, a distance of 103.62 feet; thence South 89°56'57" East, a distance of 20.00 feet; thence South 00°30'57" East, a distance of 111.36 feet; thence South 42°47'03" West, a distance of 25.95 feet to a point of cusp on a curve concave to the southwest having a radius of 55.00 feet and a central angle of 21°07'36" and being subtended by a chord which bears North 39°52'07" West 20.17 feet; thence northwesterly along said curve, a distance of 20.28 feet to the True Point of Beginning. 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