The URL can be used to link to this page

Home My WebLink AboutE 20050706002328 A.fter Recording, Return to: Robert&Alina Bartell 1725 Northeast 24th Street Renton, WA 98055 20050706002328 CZTY OF RENTON 17ISC 30.00 PAGE001 GF 012 07/@6/2005 iS:Z7 KING COilNTY, WA [Space above t�►is line for Recorder's use only] DECLARATION OF JOINT ACCESS, UTILITIES AND MAINTENANCE This Decla.ration of Joint Access, Utilities and Maintenance(the "Declaration"}is being made on the date hereinafter set forth, by Robert H. Bartell, Alina M. Bartell, husband and wife, and Urszula Narkiewicz("Grantors"). RECITALS: WHEREAS, Grantors are in�.the pz-ocess Qf platting into nine lots certain real property that it owns. However, only Lots 3, 4, 5 and 6, legally descr'rbed on attached Exhibit A., are affected by this Declaration. WHEREAS, Grantors are constructing a twenty six(26)foot wide private driveway twenty(20)feet of which witl be comprised of an impervious material, e.g., asphalt("Driveway"), graphically depicted, and iegally described on Exhibit C attached hereto, to provide shared access to Lots 3, 4, 5 and 6. WHEREAS, Grantors undertook installing, for the benefit of Lots 3, 4, 5 and 6_ certain utilities, including,but not limited to cable,phone, electrical,water, sewer, gas and shared storm drainage. W�-�REAS, this Declaration establishes mutual easements and maintenance obli�ations regarding the shared Driveway and the improvements, incInding the utiIities,within the Driveway. NOW, THEREFORE, Grantors hereby declares as follows: I. Grant of Easement. Grantors hereby declares perpetual,non-exclusive rriutual easernents to a.nd for the benefit of Lots 3, 4, 5 and 6, over, under and across the Driveway depicted and described on the attached Exhibit C (the"Easement Area"), for the purpose of ingress and egress, and utilities, inctuding storm drains. The scope of the easements granted hereunder shall include the right to install, construct, operate, maintain, Page 1 of 11 ap�s- Do�7 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). I. Maintenance and Re�air. The owners of Lots 3, 4, 5 and 6 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 3, 4, 5 and 6. All costs related to storm water runoff control shall be borne equally by the owners of Lots 3, 4, 5 and 6. 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 four 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 entitted to their reasonable attorneys' fees and costs. I. Separate Utilities. Each owner of Lots 3, 4, 5 and 6 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. I. Reservation. Grantors and all future owners of all or any portion of Lots 3, 4, 5 and 6 reserve all rights not expressly granted hereunder. I. Indemnitv and Insurance. The owners of Lots 3, 4, 5 and 6, 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 3, 4, 5 and 6. 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 Page 2 of 11 Area, in an amount ofnot 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 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. I. 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. 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 3, 4, 5 and 6, as the case may be, at the current mailing address listed in the records of the King County Assessor. I. 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 3, 4, 5 and 6, and their respective heirs, successors and assigns. I. Costs and Attornevs'Fees. Should an owner of Lots 3, 4, 5 and 6 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. 1. 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 3, 4, 5 and 6. The foregoing Declaration and any rules and regulations adopted hereunder are in the best interests of the Short Plat. Any subsequent owner of Lots 3, 4, 5 and 6 shall be bound by this Declaration and the terms and conditions set forth herein. DATED this_day of 2005. Page 3 of 11 AND Wf�REAS, Grantors are in the process of platting into nine lots certain real property that it owns. However, only Lots 7 and 9, legally described on attached Exhibit B, are affected by this Declaration. WHEREAS, Grantors are constructing a twenty(20) foot wide private driveway twelve (12) feet of which will be comprised of an impervious material, e.g., asphalt ("Drivewa�'), graphically depicted, and legally described on Exhibit D attached hereto, to provide shared access to Lots 7 and 9. WHEREAS, Grantors undertook installing, for the benefit of Lots 7 and 9: 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, Grantors hereby declares as follows: I. Grant of Easement. Grantors hereby declares perpetual, non-exclusive mutual easements to and for the benefit of Lots 7 and 9, over, under and across the Driveway depicted and described on the attached Exhibit D (the "Easement Area"), for the purpose of ingress and egress, and utilities, including storm drains. The scope of the easements granted 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). I. Maintenance and Repair. The owners of Lots 7 and 9 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 and 9. All costs related to storm water runoff control shall be borne equally by the owners of Lots 7 and 9. 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 two 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 Page 4 of 11 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. Separate Utilities. Each owner of Lots 7 and 9 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. I. Reservation. Grantors and all future owners of all or any portion of Lots 7 and 9 reserve all rights not expressly granted hereunder. I. Indemnitv and Insurance. The owners of Lots 7 and 9, 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 and 9. 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 occunence, 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 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. I. 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. Page 5 of 11 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 7 and 9, as the case may be, at the current mailing address listed in the records of the King County Assessor. I. 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 and 9, and their respective heirs, successors and assigns. I. Costs and Attorneys' Fees. Should an owner of Lots 7 and 9 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. L 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 and 9. The foregoing Declaration and any rules and regulations adopted hereunder are in the best interests of the Short Plat. Any subsequent owner of Lots 7 and 9 shall be bound by this Declaration and the terms and conditions set forth herein. DATED this2��ay of ��--� 2005. Page 6 of 11 Grantors: ;� ' ' / ```/. �� ,/ �; `��. � 1: y f ��-'/� �� ....�� Robert H. Bart 1 , Alina M. Bartell ��'-�1' ��r� �d� ��/�� ' /' �� f �4a�•.,,,..,;a,, / _. � YVV l/J V�G� �-{'1�1 '�'��'��tiF�;f Urszula Narkiewicz /��{ ��('��r,�Z ��': �' �`�� "4i, ' '�.°'i < '^>' ,"r;,��yft ' '(4 ;' . .1,1} �F � ��-3 �; „ � ��'�. ; State of Washington ) ��',�'' �'�' _s�� )"S df Sf•• i^ � _ 'ti . �6 ��. ...;� t:•.. Count of ,,� ``�� '� - Y /1 l, 'EF %�jY.;,�`'`' .. _ �E�`1�.•.�F*,,_:.�... I certify that I know or have satisfactory evidence that D^�'��=T�:��;, Alina M. Bartell, husband and wife, signed this instrument and acknowledged it to be their free and voluntary act for the uses an,d.�t��i�^ces,�nentioned in the instrument. �',�� '��,r t+�� -� , .. , �,i�� a ' ��,: ' �i,�fv'" ': ��, � s r �.;'::' �� •��t ' � y� L�� `��+�:'r �1� r Not Public i d for the tate o ashington, ' �� a�.� ;„' � r t� Pi�r.a,� <"` J Notary(Print)�U.'1'it �• n�lf�"��y t Z �,^•., � `` �'� My appointment expires: �-�t y- Q� �`^'�4ry r� �"� ••�C � '�f : �_� -� ;.�. Dated: /1'C7.5� � '�4Uz �1�uN'rl~. `a�teds��'�+ State of Washington ) )SS County of � �i ,Z 1,.�--�6G-��/ I certify that I know or have satisfactory evidence that o-� ' "T �P�icz, signed this instrument and acknowledged it to be�free and voluntary act for the uses and purposes mentioned in the instrument. � `,�..,�� ;�PRPER``��1 �4.::\�S�oN��;�: �� Notary Public in and for the State of Washington, � •�� PaY �N; �� Notary(Print) �� G'-�i!" i :o � �'' i My appointment expires: � - /�'�r"� �i �� '`G �y��, � Dated: _3 - �%- �S- rt�t! ST 2 ig.0��\�c�?�: '�ti��JF ti"+p�_ Page 7 of 11 EXHIBIT A [Legal Description of Lots 3, 4, 5 and 6] LOT3 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. Page 8 of 11 EXHIBIT B [Legal Description of Lots 7 and 9J 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 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 9 of 11 , � � EXHIBIT C 26' Joint Access, Utilities and Maintenance Description Commencing at the Southwest corner of the North half of Tract 294, C.D Hiliman'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°27'36" West, along the West line of said Lot 294, a distance of 101.00 feet to the True Point of Beginning; thence North 88°06'S4" East, a distance of 166.17 feet; thence North O1°53'06" West, a distance of 26.00 feet; thence South 88°06'S4" West, a distance of 13.00 feet to the beginning of a curve tangent to said line; thence Northwesterly a distance of 34.56 feet along the curve concave to the Northeast, having a radius of 22.00 feet and a central angle of 90°00'00"; thence North O1°53'06" West tangent to said curve, a distance of 13.00 feet; thence South 88°06'S4" West, a distance of 26.00 feet; thence South O 1°53'06" East, a distance of 13.00 feet to the beginning of a curve tangent to said line; thence Southwesterly a distance of 34.56 feet along the curve concave to the Northwest, having a radius of 22.00 feet and a central angle of 90°00'00"; thence South 88°06'S4" West tangent to said curve, a distance of 82.52 feet to said West line; thence South 00°27'36" East, along said West line, a distance of 26.01 feet to the True Point of Beginning. Page 10 of 11 EXHIBIT D 20' Joint Access, Utilities and Maintenance Description Beginning at the Northeast corner of Tract 294, 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 South 00°32'07" East, along the East line of said Lot 294, a distance of 76.49 feet; thence South 88°06'S4" West, a distance of 20.01 feet; thence North 00°32'07" West, a distance of 76.49 feet; thence North 88°06'S4" East, a distance of 20.01 feet to the True Point of Beginning. Page 11 of 11 . t , . � � LIlVIITED POWER OF ATTOP�NEY BE IT KNO WN,that �'�S Z��a I�a i k r e w��Z �made and appointed,and by these presents does make and appoint �O(,sy,j- i-( �� t� true and lawful attorney for him/h�er and in his/her name,place and stead,for the following specific and limited purposes only: si.�N �fac�w,.e� re i�� -to 1Ze S�.a.�`��/4�-- a:..� s��P �Li t7ZS �� 2y�'L. �'�er � 2Pc.�� - -�tp'OS�(� giving and granting said attorney,full power and authority to do and perform ail and every act and thing whatscever necessary to be done in and about the specific and limited premises(set out herein)as fuily,to all intents and purposes,as might or could be done if personally 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 s�my hand and seal this��day of �i! /� R �� , aoo� ��z�.�� Q� �-- L.s. Sworn to before me this � day of_�'j�j�2 C H' ,20 t9� � . NOTARY PUBLIC 618�DA M.ROBERTS NOTARY PUBLIC STATE OF WASHiV6TQN wOM�MSSIO�N EXPqtES My Commission Expires: �� ' �'t��$