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HomeMy WebLinkAboutA 20020815001578After Recording Return to: G66nerco, Inc 000.-:Dexter Ave. N. #500 :`Seattle, WA 98109 Attn 4ennifer Valenta JOrxNT1JSE,1VIAINTENANCE AGREEMENT The rsigned; being the ownret of the, fllovving described lots in the County of King, State of Washington", rkside;Court, according to the plat thereof recorded in Lots 10 and:a l oPa volume 7 T.pf plats at pages Leo -.,La �- records of Kzi�g County, Washington recorded under recording number o0 0 s `o r 6 / 7 do hereby establish a common platy for this maintenaiiae and protection of the private road within the Private Access Easement vv 6)d is located on: ,tbe southeastern,. portion of Lot 10 and` the'southwestern portion of Lot 1 f- as shown on the.. abovverdescribed plat (the 00 "Easement"). The Easement benefits Lots k0. and-11; EffectiveDate::. This agreement shall be effective upon re:ordirig of this docurtient in King County, Washington CD ` Maintenances` 'T'he r6ad within the Easement will consist of an till, weather.:surface Lo road{"Road'.') ;: The cost oimaintaining the Road shall be shared equally by the owners of N ' :Lots 10 and 1.-1. Should the Owner of Lots 10 or 11 damage the Road, tliat owner shall 00 repaxr,th6 Road to the previouslyexisting condition. WitJ6 the'Easement tbere may be -utility lines which benefit Lots 10 and 11 alike {"Shared Utilities") arid utility pries vGhieh benefit each Lot exclusively ("Separate Utilities"). The cost of �nairtenance of the Shared -..Utilities shall be shared equally by the Owners of Lots 10 and 4.1, itclading restoration of.the surface if damaged by said utility maintenance.` .The cost of maxiitenance'of..the-Separate Utilities shall be borne by the Owner of the Lot whn' is'"served tzy the Separate U'tYlity - n need of repair, including restoration of the driveway surface'if damaged by said utx�ity ri�intenance. Decisions: All decisions concerning the.-mainteriance of the Road shall be vested with the Owners of Lots 10 and 11 Such Owners shall make`'all decisions relathig.to the maintenance of the Road, with each Lot having'ope (1)`wote anti theut animousyote of the Lots having the authority to bind both lots with respect to reas.66le aril necessary maintenance expenses. All such decisions shall be in writing and signed..b..y'both voting::..... owners Notwithstanding the foregoing, at all times the Easement.$hall be maititained"in •• a safe condition and shall comply with all applicable municipal codes ah ardinonces In the event that the parties are unable to agree as to any matter covered by this agreement, including specifically but not limited to the necessity for road repair work or ' road: maintenance work, the dispute shall be settled by a single arbitrator who shall direct any settlement deemed equitable under the circumstances. The arbitrator shall be appointed by the Presiding Judge of the King County Superior Court upon request of any party Y ound b:y,this'agreement. The decision of the arbitrator shall be final and binding and not subject to, appEal. The decision may be entered as a judgment and enforced by any:partyaouiad by this agreemento'in any court of competent jurisdiction in King County, Washington,.and the losing party shal-I pay,all costs in connection therewith, including reasonable attorxiey fees in an aotint to he set by the court In the event-44at.,the Owners do riot ma f taiii the Easement consistent with the Community -Wide Standard, as..:* at ter ...is defined in the Declaration of Covenants, 00 Conditions and Restrictzons for the.?latof Parkside, Court (the:``peclaration"), the Parkside Court Homeowners Association,:(the "Assoeiation")Trim provide any such �.. necessary maintenance, repair, or replacement at.the Owners': sole cost and. expense, and C:) all costs shall be added to and-1 ecoiiae a part o the assessn eiit.fo which such Owners are subject. In the event of non-payment l y the Owner(s)'tht Association shall have availabl6to it all of the rights and remedies set: forth in Article 4..,of the 'D.eclaratigri:. Rest rictions-oii Use: The Road shall be used in a'manner consistent with a residential 00 street. N&parkii g shall be allowed on the Road and, at no time shall the Road be;' C\t bl..ocked: The Easement shall not be used for access to 'sny cor"rbial pr multi family CD development C'�J Miscellaneous: ;,,: .. ::.; a This Agreement shall be construed in accordance with the laws of tXie State of Washington b This Agreeniient shah inure to the:benefit of and shall be..binding upon the respective successors and assigns of th1 undersigned. This Agreement and the benefits and oblrgatrons provided hereun6ii s. all: be deemed to be a covenant running with the land and shall bind all subsequent owners of ots 10 and 11 -h EXECUTED this G day of.:A06167_, 202. Geon , I C. By. Its: 6e C. wymfe 2 Return Address: City Clerk's Office City of Renton 1055 S. Grady Way Renton WA .98055 Please print or type information t • 20020815001578 DEPT OF CONSTR EAS 22.00 PAGE 001 OF 004 08/15/2002 14:39 KING COUNTY, WA Document Title(s): Y ✓l � Lhtihc Reference Number(s) of Documents assigned or released: [on page of document(s)] �• a f Y i t Grantor(s) (Last name first, then first name and initials): 1.,� �... 2. 3. - - 4. ❑ Additional names on page of document f" • Grantee(s) (Last name first, then first name and initials): 2. 3. 4. ❑ Additional names on page of document .Iff Legal Description (abbreviated: i.e. lot, block, plat or section; toivslp';an): Lod to pp ! I L.r ICS'i q t'. �vt.r � �ihq Qin �� � Gs✓%� , ; ❑ Additional legal is on page of document Assessor's Property Tax Parcel/Account Number: lap ❑ Additional legal is on page of document The Auditor/Recorderwdl rely on the information piovided the orm. The staff will pot read the document to verify the accura or com leteness of the 1rtds Information provided herein; z 1 `( r...34 ell r 1. N A S ° After Recording Return to: Geonerco, Inc. 1300 Dexter Ave. N. #500 Seattle, WA 98109 Attn: Jennifer Valenta JOINT USE MAINTENANCE AGREEMENT The undersigned, being the owner of the following described lots in the County of King, State of Washington, to wit: >. ► . tip: Lots 10 and 11 of Parkside Court, according to the plat thereof recorded. in . volume;W 7 of plats at pages ioo records of King lCountyWashington recorded under recording number ,hoc a o �p �,so o �..5—'� 7• si: do hereby establish a common plan for the maintenance and protection of the private road within the Private Access Easement which is located on the southeastern portion of Lot 00 10 and the southwestern portion of Lot 11 as shown on the above -described plat (the "Easement"). The Easement benefits Lots 10 and 11. � Effective Date: This agreement shall be effective upon recording of this.document in King County, Washington. CD CD Maintenance: The road within the Easement will consist of an all weather surface V__ road("Road"). The cost of maintaining the Road shall be shared equally by the owners of Lots 10 and 11. Should the Owner of Lots 10 or 11 damage the Road, that owner shall repair the Road to the previously existing condition.CN Within the Easement there may be utility lines which•benefit_!Lots 10 and 11 alike ("Shared Utilities") and utility lines which benefit each Lot exclusively ("Separate Utilities"). The cost of maintenance of the Shared Utilities shall be shared equally,Yby the Owners of Lots 10 and 11, including restoration of the driveway'.surface.if,damaged by said utility maintenance. The cost of maintenance of the S'eparaate;Utihiies,,.shalI be'borne by the Owner of the Lot who is served by the Separate Utility in,need of repair;_including restoration of the driveway surface if damaged by said utility maintenance.' Decisions: All decisions concerning the maintenance of the Road shall be vested with the Owners of Lots 10 and 11. Such Owners shall make all decisions relating to the maintenance of the Road, with each Lot having•one (1) vote and,thelunammous vote of the Lots having the authority to bind both lots with respect to reasonable,and,necessary maintenance expenses. All such decisions shall be in writing and signed by both voting owners. Notwithstanding the foregoing, at all times the,Easement shall be maintained in a safe condition and shall comply with all applicable.mun cipal' cod es�and'ordinances". 00 C) C) L0 co C) C'4 C:) CD C\J In the event that the parties are unable to agree as to any matter covered by this , agreement, including specifically but not limited to the necessity for road repair work or road maintenance work, the dispute shall be settled by a single arbitrator who shall direct any settlement deemed equitable under the circumstances. The arbitrator shall be appointed by the presiding Judge of the King County Superior Court upon request of any party bound by this agreement. The decision of the arbitrator shall be final and binding and not subject to appeal. The decision maybe entered as a judgment and enforced by any party bound by this agreement in any court of competent jurisdiction in King County, " Washington, and the losing party shall pay all costs in connection therewith, including reasonable attorney fees in an amount to be set by the court. . tl In the event that the Owners do not maintain the Easement consistent with the ='a dl Community -Wide Standard, as that term is defined in the Declaration of Covenants, ; Conditions and Restrictions for the Plat of Parkside Court (the "Declaration"), the Parkside Court Homeowners Association, (the "Association") may provide any such s - • ,� '� necessary maintenance, repair, or replacement at the Owners' sole cost and expense, and all costs shall be added to and become a part of the assessment to which such Owners are, - subject. In the event of non-payment by the Owner(s), the Association shall have' available to it all of the rights and remedies set forth in Article 4 of the Declaration. Restrictions on Use: The Road shall be used in a manner consistent with a residential street. No parking shall be allowed on the Road and at no time shall the Road be blocked. The Easement shall not be used for access to any commercial or multi -family development. Miscellaneous: ' a. This Agreement shall be construed in accordance with the laws of the State of Washington. b. This Agreement shall inure to the benefit of and shall be binding upon the respective. ` successors and assigns of the undersigned. This Agreement and the benefits and obligations provided hereunder shall be deemed to be a covenant running With the �. land and shall bind all subsequent owners of Lots 10 and 11. A •,, ,Y EXECUTED this day of A06g5% , 2002. State of Washington ) )ss. County of King ) I certify that I know or have satisfactory evidence that John Merlino is the person who w appeared before me and said person acknowledged that he signed pp p g geed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Regional Manager of Geonerco, Inc. to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. 00 (Seal Or Stamp) Dated: < t, o r �• �3 t �- y CD ZTA BV 11 Not' Public in and for the State of Washingtow, � = ��• �s'siocS►'� H ••c•.• Residing at: i ;•o`�NOT Printed Name: �e.Gnct,r. (34 of Y M ? N My Appointment Expires U - - s00 r. 's 16-05A10 11 �Vi4$ r ! r Y,'•sztt ,�`� tii • 1 T ire �f1�