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HomeMy WebLinkAboutDeclaration of Covenants - PLN General - 11/13/2018 Name and Return Address: C hf(�iS C1 a� Z-5 TrI ,L rE-5 L t N 2102254MASON CO WA ECL 5 (���7-N /��JC st( �r� CRRLETT tt1 19466 Rec Fee: 151.0fl Pages 3 9� 00 I1111111IIIluIII11111111111II�II11111111Ell 1111Mill Ill ll1AlIN I 14 f7-L E. vJ A Document Title(s) ` 1. CCL_,jp14Tt6�1 or- c:o,.)Ej.%Ar-'7-5 2, PizWAT-)L�Y'j MAIOT-AWeP 5-roP,-t-A 17P.,41oAc-- 1T�ES Reference Numbers(s) of Documents Assigned or Released ADDITIONAL REFERENCE#'S ON PAGE Grantor(s) 1._ }`-��0 }�0L,01tJ LL.C. 2 ( O 3 0 /Jr-- l7o(NTS V11— )Li 9 V—t--A00 bJ.'4 ADDITIONAL GRANTORS ON PAGE Grantee(s) '),4 r-kE dr CocHMLI't.J1Ty 5E'Z'J10Es 2 // (r r 8 SADOITIONAL GRANTEES ON PAGE Legal Description (abbreviated form:i.e.lot,block,plat or section,township,range,quarter/quarter) ADDITIONAL LEGAL IS ON PAGE Assessor's Property Tax Parcel/Account Number(s) 3 a1-3 3 -5"LN-~ �00 50 ADDITIONAL PARCEL p'S ON PAGE THE AUDITOR/RECORDER WILL RELY ON THE INFORMATION PROVIDED ON THIS 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. 1 understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. �,i', ` v/ Date: ( I Signature: - r ,^ WHEN RECORDED RETURN TO: Chris Carletti K&L Gates LLP 925 Fourth Avenue, Suite 2900 Seattle, WA 98104-1158 GRANTEE: Mason County Department of Community Services 615 W Alder Street Shelton, WA 98584 GRANTOR Hood Canal Holdings, LLC 10230 NE Points Drive, Suite 200 Kirkland, WA 98033 DECLARATION OF COVENANTS ASSOCIATED WITH PRIVATELY MAINTAINED STORM DRAINAGE FACILITIES Declaration of Covenant: Inconsideration of approval ofthe development known as BL,A # 19-08 relating to real property legally&scribed asfollows: County Assessor's tax parcel number=32233 50-90050 [Sec 33 Twn �2N Range 03W W.M.I The undersigned, as owner(s),covenant and agree that: 1. If at any time Mason County reasonably determines that maintenance or repair work is required to be done to the existing, approved storm drainage facilities installed on the property described above and located outside of any public right-of--way (which will mean repair and or clean out of the existing system only to the same standards as originally installed and approved), the Director of the Department of Public Works shall give the current owners seven days notice that the County intends to perform such maintenance or repairs, orto have them performed by others. If the current owners have not completed or are not diligently pursuing repair or maintenance of the system and it becomes necessary for Mason County to perform the work, the current owners will assume responsibility for the cost of such maintenance or repair and will reimburse the County within thirty days of receipt of the invoice. Overdue payments will require payment of interest at the current legal rate for liquidated judgments, and any costs or fees incurred by the County, should any legal action be required to collect such payments,will be borne by the parties responsible for said reimbursements. 2. If at anytime Mason County reasonably determines that the existing and approved storm drainage system on the property poses a hazard to life and limb, or endangers property, or adversely affects the safety and operations of a public way, due to failure, damage or non-maintenance of the existing on-site storm system,and that the situation is so adverse as to preclude wTitten notice to said owners,the Director of the Department of Public Works may take the measures necessary to eliminate the hazardous situation (which will mean repair or clean out of the existing system only to the same standards as originally installed and approved) provided the Director has first made a reasonable effort to locate said owner before acting. If Mason County hires a third party to perform work on the property pursuant to these r � covenants then Mason County will require the third party to maintain commercially reasonable liability, auto and workers' compensation insurance policies and Mason County will require the third party to add the current owners as additional named insureds under such policies. The current owners will assume responsibility for the cost of such maintenance or repair and will reimburse the County within thirty days of receipt of the invoice. Overdue payments will require payment of interest at the current rate for liquidation judgments and any costs or fees incurred by the County,should any be borne by the parties responsible for said reimbursements. 3. The owner shall keep the Mason County Public Works Department informed at all times as to the name, address, and telephone number of the contact person responsible for the performance of maintenance or repair work to the storm drainage facilities. These covenants are intended to protect the value and desirability of the real property described above and to benefit all the citizens of Mason County. They shall run with the land and be binding on all parties having or acquiring from the current owners or their successors, any right, title or interest therein, and to the benefit of all the citizens of Mason County. Grantor Hood oldings, By: e n Mincio rustee Under Trust dated 6/10/93. Member/Manager 10230 NE Points Drive, Suite 200 Kirkland, WA 98033 STATE OF WASHINGTON ) COUNTY OF I certify that Kevin Mincio is the person who appeared before me,and said person acknowledged that he signed this instnuirient and on oath stated that he was authorized to execute this instrument as Co-Trustee of the managing tmernber of Hood Canal Holdings LLC to be his free and voluntary act for the uses and purposes mentioned in this instrument. GIVEN under my hand and offici seal this Z ' day of ��7° A, 018. Notary Public in and for the State of Washington Residingat: /Tfo-e /iz /4 yE ivt) My Commission expires:; io z o (AURA KRISTIN KATHRYN AIWESS Date Approved: Notary PuWit: Stst#of Washington My Appointrmnt E*rn Jun 9,2020 Director of Community Development Mason County,WA I 78 +RECEIVE[? J111 18401jjjjjjjj�jjjPa6: I f 6 06122/2006 e4:29P (,16 U0': MSON COUNTY TITLE INS CO DECL 25.00 Mason Co, WA 1,1ASON.COUNTY PUBLIC WORKS RETURN ADDRESS 01r,5lo12�Niy Cl\rIL 2 s A h 5 DECLARATION OF COVENANTS ASSOCIATED WITH PRIVATELY MAINTAINED STORM DRAINAGE FACILITIES GRANTOR(S): (1) CHRISTOPHER M. CARLETTI,Trustee under Trust dated June 10, 1993 (2) WILLIAM H.GATES III, as his separate estate (3) HOOD CANAL HOLDINGS, LLC, a Washington limited liability company GRANTEE: MASON COUNTY DEPARTMENT OF PUBLIC WORKS Legal Description: Abbreviated form: Pin Tracts 4 through 7, Plat of Sunny Beach,Vol. 2 of Plats, Page(s) 34,records of Mason County, Washington Additional legal on Exhibit A to document. Assessor's Tax Parcel ID No(s).: 32233-50-00007; 32233-50-00010; 32233-50-00901; 32233-50- 000 11; 32233-50-00902; 32233-50-00012; 32233-50-00008; 32233-50-00903; 32233-50-00009 In consideration of approval of the development known as Union Washington Residences,relating to real property legally described on Exhibit A attached hereto and incorporated herein by this reference. The undersigned, as owner(s), covenant and agree that: 1. If at any time Mason County reasonably determines that maintenance or repair work is required to be done to the existing,approved storm drainage facilities installed on the property described herein and located outside of any public right-of-way (which will mean repair and or clean out of the existing system only to the same standards as originally installed and approved), the Director of the Department of Public Works shall give the representative of the current owners seven days advance notice that, unless the current owners have completed or are not diligently pursuing the repair or maintenance of the system as provided for in the notice,the County intends to perform such maintenance or repairs,or to have them performed by others. If the current owners have not completed or are not diligently pursuing the repair or maintenance of the system and it becomes necessary for Mason County to perform the work,the current owners will assume responsibility for the cost of such maintenance or repair and will reimburse the County within thirty days of receipt of the invoice.Overdue payments will require payment of interest at the current legal rate for liquidated judgments, and any costs or fees incurred by the County, should any legal action be required to collect such payments, will be borne by the parties responsible for said reimbursements. r 1840678 Page: 2 of 8 08/22/2003 04:29P MASON COUNTY TITLE INS CO DECL 25.00 Mason Cc, WA 2. If at any time Mason County reasonably determines that the existing and approved storm drainage system on the property poses a hazard to life and limb, or endangers property, or adversely affects the safety and operations of a public way, due to failure, damage or non-maintenance of the existing on-site storm system, and that the situation is so adverse as to preclude written notice to said owners,the Director of the Department of Public Works may take the measures necessary to eliminate the hazardous situation(which will mean repair or clean out of the existing system only to the same standards as originally installed and approved)provided the Director has first made a reasonable effort to locate said owner before acting. The current owners will assume responsibility for the cost of such maintenance or repair;and will reimburse the County within thirty days of receipt of the invoice.Overdue payments will require payment of interest at the current legal rate for liquidated judgments,and any costs or fees incurred by the County, should any be borne by the parties responsible for said reimbursements. 3.The owners shall keep the Mason County Public Works Department informed at all times as to the name, address and telephone number of the contact person responsible for the performance of maintenance or repair work to the storm drainage facilities. Until further notification,the representative and contact person for the owners is as follows: Watermark Estate Management 5501 Lakeview Drive Kirkland,WA 98033 Attention: Tom Chiado Telephone No.: 425.468.2901 Fax No: 425.893.5599 These covenants are intended to protect the value and desirability of the real property described above, and to benefit all the citizens of Mason County.They shall run with the land and be binding on all parties having or acquiring from the current owners or their successors,any right,title or interest therein,and to the benefit of all the citizens of Mason County. C'MUST(*HER M. CARLETTI,Trustee under Trust dated June 10, 1993 Address: c/o Preston Gates &Ellis LLP 925 Fourth Avenue, Suite 2900 Seattle, Washington 98104 P Ti,h`o� :r (�2l06)n623-7580 mil/ ^ { HRISTO HER M CARLETTI acting g under Power of Attorney for William H. Gates III Address: c/o Preston Gates &Ellis LLP 925 Fourth Avenue, Suite 2900 Seattle, Washington 98104 Phone: (206) 623-7580 HOOD CANAL HOLDINGS LLC,a Washingt,on limited liability company By: TRUST DATED JUNE 10, 1993,its manning member By: 02M4. CHRISTOPHE M. CARLETTI,Trustee under Trust dated June 10, 1993 Address: c/o Preston Gates&Ellis LLP 925 Fourth Avenue, Suite 2900 Seattle,Washington 98104 Phone: (206)623-7580 K:W83340W451MMKMMH A219E 2 1840678 STATE OF WASHINGTON) Pass: 2006 04:29P ss. COUNTY OF KING MASON COUNTY TITLE INS CO DECL 26.00 Mason Cc, NA I certify that 1 know or have satisfactory evidence that Christopher M.Carletti is the person who appeared before me,and said person acknowledged that he signed this instrument,on oath stated that he was authorized to execute the instrument and acknowledged it as the Trustee of the Trust Dated June 10, 1993 to be the free and voluntary act of such partyfor the uses and purposes mentioned in the instrument. Dated: V- - OLYN @ '�' Q.P.. .•. . F�'�,� Notary Public G sslokF+ Print Name %- My commission expire _ L!2 _ y�<C%O-o '5.01 `O?- (Use this space for notarial stamp/seal) STATE OF WASHINGTON) )ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Christopher M.Carletti,attorney-in-fact for William H.Gates III is the person who appeared before me,and said person acknowledged that he signed this instrument, and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument. Dated: q`OLYN Notary Public CAP'-;OsioHF+�/- 4 Print Name l c u I c. 1,1 v Da e.OTgq� T; �'� My commission expirrg i 10 .. 15.0 C� 0' WAs*%A\ - (Use this space for notarial stamp/seal) 3 1840678 STATE OF WASHINGTON) ©e°22r2 05 04:29P COUNTY OF KING )SS MASON COUNTY TITLE INS CO DECL 28.00 Mason Co, WA I certify that I know or have satisfactory evidence that Christopher M.Carletti is the person who appeared before me,and said person acknowledged that he signed this instrument,on oath stated that he was authorized to execute the instrument and acknowledged it as the Trustee of the Trust dated June 10,1993,the managing member of HOOD CANAL HOLDINGS, LLC to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: r 1ON BF�',�� C_6L L �ty L - Y` 't�, Notary Publi // � D �Q.. ;yg10N F oy ��i, Print Name &l 4 f o IGt,t QYA�?►-a ', My commission expires' 1 `7 AZ r ,W Rai ' (Use this space for notarial stamp/seal) 4 1840678 Pays: 5 of B 06122/2005 04:22P MASON COUNTY TITLE INS CO DELL 28.00 Hason Co, WA EXHIBIT A Legal Description of Union Washington Residences Lot 1 All that portion of Tract 4, Plat of Sunny Beach, as per plat recorded in Volume 2 of Plats,Page(s)34, records of Mason County,Washington,lying Northerly of the Northerly right-of-way for State Route 106; TOGETHER WITH all tidelands of the Second class formerly owned by the State of Washington, as defined by Section I of Chapter 36 of the Session Laws of 1911, situate in front of, adjacent to, or abutting upon the upland hereby conveyed. Lot 2 That portion of Tracts 4 and 5,Plat of Sunny Beach, as per plat recorded in Volume 2 of Plats,Page(s) 34, records of Mason County,Washington,described as follows: BEGINNING at the Southeast corner of Tract 6 of said Plat of Sunny Beach; thence North 01°38'22" West along its East line, 488.99 feet to the Northerly margin of Navy Yard Highway; thence North 79'11'13"West along said margin,306.23 feet;thence North 01°30'47"West,415.256 feet to Point"A" and the TRUE POINT OF BEGINNING;thence South 01°30'47"East along an existing chain link fence, 415.26 feet to said Northerly margin;thence South 79'11'13"East along said margin 77.00 feet;thence North 06°33'48"West, 286.55 feet; thence North 25°22'26" East, 39.80 feet, thence North 17°14'58" East, 8 1.10 feet to Point"B";thence North 01130'47" West, to the North line of Government Lot 3 of Section 33,Township 22 North, Range 3 West,W.M.,in Mason County,Washington;thence Westerly along said Government Lot line to a point which bears North 01°30'47"West of the TRUE POINT OF BEGINNING; thence South 01 130'47"East to the TRUE POINT OF BEGINNING. TOGETHER WITH second-class tidelands lying in front of the above-described tract of land and between lines extending North 01°30'47"West from both Points"A"and"B"to the line of extreme low tide. (Said land being also known and described Tract 3 of Boundary Line Adjustment No. 88-20, recorded July 20, 1988 under Auditor's File No. 483451.) Lot 3 That portion of Tracts 5 and 6,Plat of Sunny Beach,as per plat recorded in Volume 2 of Plats,Page(s) 34, records of Mason County, Washington,described as follows: BEGINNING at the Southeast corner of Tract 6 of the said Plat of Sunny Beach;thence North 01°38'22" West along its East line, 488.99 feet to the Northerly margin of Navy Yard Highway; thence North 79'11'l3"West along said margin,229.23 feet;thence North 06°33'48"West,286.55 feet;thence North 25°22'26"East,39.80 feet;thence North 25°22'26"East,39.80 feet;thence North 17°14'58"East,8 1.10 feet to the Point"B"and the TRUE POINT OF BEGINNING;thence South 17°14'58"West,8 1.10 feet; thence South 25°22'26" West, 39.80 feet; thence South 06°33'48" East, 286.55 feet to said margin; thence South 799 I'l3" East, 60.00 feet; thence North 00°32'51" West, 199.27 feet; thence North 18°04'24" East, 45.64 feet; thence North 27°36'10" East, 113.99 feet to Point "C"; thence North 01°30'47"West to the North line of Government Lot 3 of Section 33,Township 22 North,Range 3 West, W.M.,in Mason County,Washington;thence Westerly along said Government Lot line to a point which bears North 01°30'47"West of the TRUE POINT OF BEGINNING;thence South 01°30'47"East to the TRUE POINT OF BEGINNING. TOGETHER WITH second-class tidelands lying in front of the above-described tract of land and between lines extending North 01°30'47"West from both Points"B" and"C"to the line of extreme low tide. (Said land being also known and described as Tracts 4 and 5 of Boundary Line Adjustment No. 88-20, recorded July 20, 1988 under Auditor's File No. 483451.) Lot 4 All that portion of Tract 5 and 6 of the plat of Sunny Beach, Volume 2 of Plats, page 34, particularly described as follows: 5 1840678 0612212W5 04:29P MASON COUNTY TITLE INS CO DELL 2E.00 M&SOM Co, Nit COMMENCING at the Southeast corner of Tract 6 of said plat of Sunny Beach;thence North 01°38'22" West along its East line;488.99 feet to the Northerly margin of State Route 106;thence North 79011'13" West along said margin, 169.23 feet;thence North 00°32'51"West, 199.27 feet;thence North 18'04'24" East 45.64 feet;thence North 27'36'10"East 113.99 feet to a point hereinafter referred to as point"C" and the POINT OF BEGINNING of the tract of land hereby described; thence South 27°36'10" West 113.99 feet;thence South 18°04'24"West 45.64 feet;thence South 00°32'51" East 199.27 feet to said margin;thence South 79'11'13"East along said margin 50.00 feet;thence North 02127'16"East 192.38 feet;thence North 32°51'23"East 125.21 feet to a point hereinafter referred to as Point"D";thence North 01°30'47"West to the North line of Government Lot 3 of Section 33,Township 22 North,Range 3 West, W.M.,in Mason County,Washington;thence Westerly along said Government Lot line to a point which bears North 01 130'47"West of the point of beginning;thence South 01°30'47"East to the TRUE POINT OF BEGINNING. TOGETHER WITH second class tidelands lying in front of the above described tract of land and between lines extending North 01°30'47"West from Points"C"and"D"as described above to the line of extreme low tide. (Said land being also known and described as Tract 6 of Boundary Line Adjustment No.88-20,recorded July 20, 1988,Auditor's File No. 483451.) Lot 5 That portion of Tract 6 of the Plat of Sunny Beach as recorded in Volume 2 of Plats at page 34,records of Mason County,Washington,described as follows: BEGINNING at the Southeast corner of Tract 6 of said Plat of Sunny Beach; thence North 01°38'22" West along its East line, 488.99 feet to the Northerly margin of Navy Yard Highway; thence North 79'11'13"West along said margin, 119.23 feet;thence North 02°27'16"East 192.38 feet;thence North 32°51'23" East; 125.21 feet to Point "D" and the TRUE POINT OF BEGINNING; thence South 32°51'23" West, 125.21 feet; thence South 02'27'16" West, 192.38 feet to said margin; thence South 79'11'13"East, 119.23 feet to said East line ofTract 6;thence North 01°38'22"West to the North line of Government Lot 3 meander line,Section 33,Township 22 North,Range 3 West,W.M.,in Mason County, Washington;thence Westerly along said meander line to a point which bears North 01°30'47"West of the TRUE POINT OF BEGINNING;thence South 01 030'47"East to the TRUE POINT OF BEGINNING. TOGETHER WITH second-class tidelands lying in front of the above-described tract of land which are adjacent thereto and abutting thereon and lying Easterly of a line extending North 01°30'47"West from Point"D". (Said land being also known and described as Tract 7 of Boundary Line Adjustment No.88-20,recorded July 20, 1988 under Auditor's File No. 483451.) Lot 6 That portion of Tract 7 lying North of State Route No. 106, all in Sunny Beach,as per plat recorded in Volume 2 of Plats, Page(s) 34, records of Mason County,Washington. EXCEPT that portion lying within the PLAT OF ALDERBROOK COUNTRY CLUB, as per plat recorded in Volume 5 of Plats, Page(s) 18,records of Mason County,Washington. ALSO, all tidelands of the second class formerly owned by the State of Washington, as defined by Chapter 255 of Session Laws of 1927 situate in front of, adjacent to, or abutting on said Tract 7. EXCEPTING therefrom that portion of Tract seven(7)of the plat of Sunny Beach,recorded in Volume 2 of Plats,Page 34,records of Mason County,Washington,lying Northerly of the Northerly right-of-way line of State Highway No. 106,more particularly described as follows: COMMENCING at the intersection of the East line of said Tract seven(7)and the Northerly right-of-way line of State Highway No. 106, said point also being the Southwest corner of the PLAT OF ALDERBROOK COUNTRY CLUB, as per plat recorded in Volume 5 of Plats, Page 18, records of Mason County,Washington;thence North 01°38'25"West along the common line between said Tract seven (7) and the PLAT OF ALDERBROOK COUNTRY CLUB, 39.31 feet to the TRUE POINT OF 6 _- 1 • 1840678 Paae: 7 of 8 08/22/2005 04:29P MASON COUNTY TITLE INS CO DECL 28.00 Mason Co, A BEGINNING;thence leaving last said line,North 04023'29"West 193.38 feet to the point of curvature of a 47.00 foot radius curve to the right;thence along said curve through a central angle of 39°29'25"for an arc distance of 32.39 feet to a point on the common line between said Tract seven(7)and the PLAT OF ALDERBROOK COUNTRY CLUB,which bears North 01°3825"West from the TRUE POINT OF BEGINNING;thence South 01°38'25" East 223.53 feet to the TRUE POINT OF BEGINNING. Also known as Parcel 4 of Mason County Boundary Line Adjustment No. 04-57, recorded under Recording No. 1823315. Lot 7 All that portion of tract four(4),plat of Sunny Beach,according to the recorded plat thereof in the Office of the Auditor for Mason County,Washington,Volume 2 of Plats,Page 34,lying Southerly of old State Route 106 as shown on that certain map of record"Boundary Line Adjustment Plan"dated February 29, 2004 on file at the Mason County Engineers Office and recorded under Mason County Auditor's file No. 1823090; Excepting therefrom the Easterly 60 feet; Also,except any portion thereof lying within the right-of-way of S.R. 106 line survey of S.R. 106,Dalby Road vicinity as per that certain map of definite location now of record and on file in the office of the Secretary of Transportation at Olympia, and bearing date of approval of June 24,2003 and revised on August 8,2003. Together with that portion of the Northeast quarter of the Northwest quarter of Section 4,Township 21 North,Range 3 West,W.M., Mason County,Washington,more particularly described as follows: COMMENCING at the North quarter corner of said Section 4;thence North 89°03'46"West,along the North line of the Northeast quarter of the Northwest quarter of said Section 4,777.25 feet,to the TRUE POINT OF BEGINNING; thence South 01038'25" East, 200.20 feet; thence North 89003'46" West, 220.99 feet, to a point on the East line of the West 325 feet of the Northeast quarter of the Northwest quarter of said Section 4, as per survey recorded in Volume 19, Page 215, records of Mason County, Washington;thence North 02°10'36"East along last said line 200.05 feet,to a point on the North line of the Northeast quarter of the Northwest quarter of said Section 4;thence South 89°03'46"East along said North line,207.66 feet,to the TRUE POINT OF BEGINNING. Also,together with that portion of abandoned State Route 106 abutting Parcel 19,designated as Parcel "G"as shown on that certain map of record"Boundary Line Adjustment Plan"dated February 29,2004 on file at the Mason County Engineers Office and recorded under Mason County Auditor's File No. 1823090. Also known as Parcel 28 of Mason County Boundary Line Adjustment No. 04-59, recorded under Recording No. 1823317. Lot 8 All that portion of tracts five(5)and six(6)of the Plat of Sunny Beach,recorded in Volume 2 of Plats, Page 34,records of Mason County,Washington,lying Southerly of the Southerly margin of right-of-way of old State Route 106 and Northerly of the Northerly margin of right-of-way of SR 106 line survey of SR 106,Dalby Rd.vicinity as per that certain map of definite location now of record and on file in the Office of the Secretary of Transportation at Olympia and bearing date of approval of June 24,2003 and revised on August 8,2003. TOGETHER WITH that portion of abandoned State Route 106 abutting Parcel 17,designated as Parcel "H"as shown on that certain map of record"Boundary Line Adjustment Plan"dated February 29,2004 on file at the Mason County Engineers Office and recorded under Mason County Auditor's File No. 1823090. Also known as Parcel 30 of Mason County Boundary Line Adjustment No. 04-59, recorded under Recording No. 1823317. 7 1840678 Pap.: B of B 06/22/2005 04:29P Lot 9 MASON COUNTY TITLE INS CO DECL 2E.00 Mason Co, WA ALL THAT PORTION OF THE EASTERLY 60 FEET OF TRACT FOUR(4) OF THE PLAT OF SUNNY BEACH, RECORDED IN VOLUME 2, OF PLATS, PAGE 34, RECORDS OF MASON COUNTY,WASHINGTON,LYING SOUTHERLY OF THE SOUTHERLY MARGIN OF RIGHT-OF- WAY OF OLD STATE ROUTE 106 AS SHOWN ON THAT CERTAIN MAP OF RECORD "BOUNDARY LINE ADJUSTMENT PLAN" DATED FEBRUARY 29, 2004 ON FILE AT THE MASON COUNTY ENGINEERS OFFICE AND RECORDED UNDER MASON COUNTY AUDITOR'S FILE NO.1823090; EXCEPT ANY PORTION THEREOF LYING WITHIN THE RIGHT-OF-WAY OF S.R. 106 LINE SURVEY OF S.R. 106,DALBY ROAD VICINITY AS PER THAT CERTAIN MAP OF DEFINITE LOCATION NOW OF RECORD AND ON FILE IN THE OFFICE OF THE SECRETARY OF TRANSPORTATION AT OLYMPIA, AND BEARING DATE OF APPROVAL OF JUNE 24, 2003 AND REVISED ON AUGUST 8,2003 TOGETHER WITH ALL THAT PORTION OF TRACT FIVE(5)OF THE PLAT OF SUNNY BEACH, RECORDED IN VOLUME 2, OF PLATS, PAGE 34, RECORDS OF MASON COUNTY, WASHINGTON,LYING SOUTHERLY OF THE SOUTHERLY MARGIN OF RIGHT-OF-WAY OF SR 106 LINE SURVEY OF SR 106, DALBY RD. VICINITY AS PER THAT CERTAIN MAP OF DEFINITE LOCATION NOW OF RECORD AND ON FILE IN THE OFFICE OF THE SECRETARY OF TRANSPORTATION AT OLYMPIA,BEARING DATE OF APPROVAL OF JUNE 24,2003 AND REVISED ON AUGUST 8,2003. ALSO,TOGETHER WITH THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 4,TOWNSHIP 21 NORTH,RANGE 3 WEST,W.M., MASON COUNTY,WASHINGTON,DESCRIBED AS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 4,THENCE NORTH 890 03' 46" WEST ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 4, 520.75 FEET MORE OR LESS TO THE INTERSECTION OF THE SOUTH LINE OF TRACT SIX(6)OF THE PLAT OF SUNNY BEACH, VOLUME 2 OF PLATS,PAGE 34,RECORDS OF MASON COUNTY,WASHINGTON,AND THE WEST LINE OF THAT CERTAIN EASEMENT RECORDED UNDER AUDITOR'S FILE NO. 195672 AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 220 57' 42" WEST 102.27 FEET; THENCE SOUTH 420 07' 14" WEST 139.77 FEET;THENCE NORTH 890 03' 46" WEST 117.11 FEET;THENCE NORTH 01°38'25"WEST 200.20 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 4;THENCE SOUTH 890 03'46"EAST ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 4, 256.50 FEET TO THE TRUE POINT OF BEGINNING. ALSO KNOWN AS PARCEL 29 OF MASON COUNTY BOUNDARY LINE ADJUSTMENT NO.04- 59,RECORDED UNDER RECORDING NO. 1823317. 8