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Home My WebLink AboutA 9212112188 . � -^• 1 � . � i a �2 � ��■I�� f ��yj{1.1Vi �� , ti � '�..� „ AGREEMENT REGULATING COMMON USE M I � �� AND °� � 4 n� COMMON OWNERSHIP AREAS � , � ... � ro � C . Dennis Dochnahl and Bernadene llochnahl , husband and T wife , owners of the real estate known as Parcels A & B as shown � on Exhibit 1 and described in Exhibits 2 & 3 , said Exhibits at- ; tached hereto ; in connection with probable sales of either or � both parcels A & B and to facilitate division for sale and sub- � sequent operation of both parcels , do establish and confirm � � certain rules and regulations for the operation of common use � and common ownership areas a►id functions , said rules to be � appurtenant to and bind each of the parcels as a covenant run- � ning witn tYie ownership of said real property, the owners , as- � signees and transferees thereof , according to the following conditions : ,�.. 0 l . Common Use Areas &, Functions : Owners have filed with � ' � the City of Renton, preliminary to sales , a binding Site Plan, 00 wherein certain areas of Parcels A & B , including access , ma- N neuvering, parking and landscape areas , will be available to , _. customers and or persons working at or visiting either Parcels A or B. Siad areas do or will also include certain utility im- � provements , such as lighting and watering systems . The common �,� areas referred to in this agreement relate to those shown on � CT; the final site plan as will be approved by the City of Renton and include all landscaped areas , curbing , driveways , walkways , parking and maneuvering areas , lighting devices , exrerior elec- trical systems , and irrigai,ion systems . Al1 such areas shall be ati=ailable for all reasonable use by the owners , tenants and customers and employees of either Parcels A or B . 2 . Common Ownership Area: Because of the impracticabil- ity of separate drainage and retention systems , the ownership of the drainage system on both parcels A & B shall be held in common with percentages oF ownership equal to the square foot- , age of land ownership as described below, under Finances . 3 . Operation of Common Use Areas & Common Ownership Ar- eas : The parties agree to name an Operations Committee with one employer or owner representative from each parcel . Said committee will arrange for the cleaning, maintenance , repair , upkeep and s�rvicing of the common use areas and the care of common ownership area, to a standard usual in the Seattle met- ropolitan area, for similar types of commercial properties . Included herein, without limitation intended , is sweeping , cleaning , plowing of snow, striping of roadway and parking ar- eas ; repair of roadway , curbs , cleaning and upkeep of drainage , upkeep of landscaped areas and upkeep of lighting for areas , within the Common Areas . t -1- ' ' b �' ' : ' t ` • , � 4 . Finances : The Operations Committee will agree upon an estimated budget once a year , for purposes of this agreement . '� Which budget will be the basic guide for yearly maintenance and operation costs . Each owner will be responsible for advance payment on a quarterly basis of a proportionate share of the proposed budget . The share shall be equal to the proportionate square footage of each parcel . Annually or oftener , reports of actual expenditures will be given to each owner with any neces- sary additional billing for nonplanned , unexpected costs at that t ime . ' 5 . Arbitration : The parties agree that any conflicts or disputes , arising out of or over the terms of this agreement , will be submitted to arbitration under the Rules for Mandatory Arbitration of the State of Washington , with reasonable attor- ney' s fees to be provide for the prevailing party. Executed this /� day oF � G�/,�o,� , 1992 . Appro al of Lessee of Parcel A: ' .� � /1�.1/6�,, G�S b'4iv�r I � �� - � �' � C . ENNIS llOCH HL • , �i � y ,��._ �-��'� � D NE D CHNAHL Ct..! C3� STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On this day personally appeared before me C . Dennis Dochnhal and Bernadene Dochnahl , to me known to be the indi- viduaJ.s de�cribed in and who executed the within and foregoing instrument , and acknowledged that they signed the same as their free and voluntary act and deed , for the uses and purposes therein mentioned. r /�� T�LN under my hand and of ' cial seal this — day of ' , 1992 . , � . � � . � � . NOTARY PUBLIC in and for the State of Washington , residing at : My commission expires : � ( /�i � I -2 CA�� , CENTER�INE — -- , �� .� •.•,.� ��I ��1�,:'. . NE 4TH STREET � ` �xHIBIT 1 , . . NQ�T� i/4 CQE. SEGTION 13.T' I . , . I N �� ,, 5� , � 2585. 80 MEASURE I -- - ------T� _ _ ___.___ _ � � 2585. ?2 K. C. A. S. ( 86 _ ._ -� `- -, _ - �`-- - - ------ _ _ 243. �9 _ .- /�� - �i Q' SANITARY iy w � SEWER ,,_ v 8 WATER L.Ihc a , �Y Cg� nj N f2� 87(1HM Cs CONCRETE SIOENAI.K �"�y v '�T � e4� ' Cq(NOT FOUMO) �. 40 6a.s� ,�,�h• � i�3.03 � r u.s.eu+c 1 ! cn� 4 Ct � aiow �' 1 i7.5� l2.51 v��- car,cRE�� cuAa ;��;�' - j � �� . Q� �a• ! r� r�ci �o . � s� i�.s � I r-�:_. � ZZ . H M � ax � ' � � � � W �M g�y!tR (hP?Rt3X. LOCATIpN) � o�o Zr �i��"'a ASPHALT ( � ��Z I W � - f � �� 4a � z � � sr �s � . -' i � _ � p�a,p i. i' ca+. N�u,ic � ( o nM y �w � a i7 6• i2.3'1� , ' N "! � 1 , I � � y� t�- �t7�` N � Z t {� j 2 � � -�--�— BRICK !D � a � FACIA � � W r °� 1�-- W � � PA�CE"aL '�'N--- W N N (� 1f� � � � � Q.5626 AC ES� :, EXISTING PAQ�CE� �A~ � 4 �n, U � �`�"�' m BANK 36766 5� FT I C'`J �� N a •• BUILOYNG 0.8440 ACRFS Q � • ! (\j .P G U � � � o c.' W � C�.T � * ! tD � � STO 'CO z w N ~ ` . '� y � m � o � � ( Z ►� �.7' ��u.lt 1�P s"1 j , �K'PO � �f"' O Q, I U I Cs � 6' BTOF�! SEMER p 0 I �F�� Nee•os�se�w °8 0 - i5 00 , . �, , z � �z�� 5 P I , - . 3 � 5� 8T �s � " � � ` ;.t cu . C8- I y �r �! ST� I � FM uNOEAG�lyp� a °� C0.1 ELECTp2C SYSTEM e' FN• � REC. N0. B403i84�17!! � �V- � tY � � EY- ot� � ��' • STMW PP7 I 30� ce Q �� 38" STOFiM SEwER -,...�,. TF I �rJ.�7 9TIpi 38' STOAM 5ENER ---i.. �N Ml. ' 138.03 � N ee • os � �s� w 1 '�3. 50 ��' LOT 3 • � KING GOUNTY StiORT P�AT N0. 675015 S4UTH LINE NWi/4' REC. N0. 7509Q50645 i NC1TE5 i. DEVE�i3?�t£NT OFt CtiNSTFtUC7ZQN OF ANY SMPR4VEMENTS URON THE REAL PRORERTY HEREZN DESCRIBELl SHAI.t . . � . . � � . . . � �,;, . . EXHIBIT 2 Farcel "A" That portion of the northeast quarter of the n�rthwest quarter af Sect ion 1�, T�.,wnship 13 hlt�rth, F�ange � East, W.M. described as fr�llows: Ltt 1 �f Ying �:ounty Sh��r-t Plat N��. 1t�7'3U69 as sh��wn in instrument re�orded under tCing County Re�_ordinq tU�. $t7��73�# lying easterly �rf the f��l l�winq des�-ribed 1 ine: Gommen�ing at the southeast �c�rner �f said Lot 1; thence IV8B�06' 16"4! al,�nq the s�uth I ine of said Lot 1, a distarn=e �rf 13B.03 feet t�� the T�'UE FOINT OF BEGINNING af said des�=ribed line; thence leavinq said sauth line N��7'41'31"E, a distance of �C�.b2 feet; thence S88�06' ib"E, a distan�e �af 1�.�C� feet; thence N��t�"41'31"E, a distan�=e ��f 137.3� feet tc� the terminus of said line; said terminus lyinq on the south right of way line �,f SE 12BtF-i Street (NE 4th Street) . . � �U N ,�! t�1 � Revised i0-8-92 12-23-91 79�63 i� � . . . =r. . . . . , . . : . � � EXHIBIT 3 I , Parcel "B" That p��rtion of the northeast quarter of the narthwest ' quarter �f Section 15, T��wnship 23 N�.�rth, Range 5 East, W.M. described as fallows: L�t 1 of FCing Gounty Short Plat N��,. 1079U69 as sh�,wn in instrument rec,�rded under FCing County �ecording No. 8002040734 lying westerly of the f�ll�wing des�ribed line: Commencing at thE sautheast corner �f said L,�t 1; thence I�l88"46' 16"W along the south linE of said L,�t 1� a distante of 138.03 feet to the TRUE POINT OF BEGINNING of said des�rib�d li�e; then�c� leavinq said south line N��3"41'�1"F, a dis�:anc� of 94.62 geet; thence SBB"06' 16"E, a distance of 15.0�� feet; thence N40�41 '31"E, a distance af 1�37.34 feet to ' the terminus af said line; said terminus lyinq on the south ° riaht of way line of SE 128th Street (NE 4th Street) . i OG �A N i — , , C�.3 'I � i Q'% � y 'i , i , � � i i Revised 10-5-5� � j 12-23-91 79063 � ; ' � � � . .