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Home My WebLink AboutTERMINATION TWO-PARTY WATER SYSTEM-TERMINATION SHARED WELL AGREEMENT-MODIFICATION OF WELL EASEMENT - WEL Letters / Memos - 5/31/2023 2197753 MASON CO WA AFTER RECORDING MAIL TO: 05/31/2023 03:44 PM TERM e: $207.50 Pases: 5 Ilill IiIII IIII 1111 Roderic Dohleman and Ryan Finn 103 W Story Rd Shelton, WA 98584 TERMINATION OF TWO-PARTY WATER SYSTEM, TERMINATION OF SHARED WELL AGREEMENT, AND MODIFICATION OF WELL ACCESS EASEMENT GRANTOR(S): (1) Roderic J Dohleman' (2) Ryan P Finn GRANTEE(S): (1) Roderic J Dohleman (2) Ryan P Finn (3) Public ABBREVIATED LEGAL: Res. PCL 1 BLA 21-18, PTN SE NE 31-20-3 Res. PCL 2 BLA 21-18, PTN SE NE 31-20-3 ADDITIONAL LEGAL ON PAGE: ASSESSOR'S TAX PARCEL NUMBER: 32031-14-90010 32031-14-90020 X- rS�' ** THIS RECORDING SUPERSEDES THE"SHARED 2-PARTY WELL AGREE- MENT" FILED UNDER RECORDING 2159733 ON JUNE 10,2021,THE "NOTICE OF PRIVATE TWO-PARTY WATER SYSTEM" FILED UNDER RECORDING 2156656 ON MAY 10,2021,THE "NOTICE OF PRIVATE TWO-PARTY WATER SYSTEM"FILED UNDER RECORDING 2157704 ON MAY 24,2021,AND THE WELL ACCESS EASEMENT FILED UNDER RECORDING 2160831 ON JULY 1,2021. NOTICE TO FUTURE PROPERTY OWNERS OF TERMINATION OF PRIVATE TWO-PARTY WATER SYSTEM EFFECTIVE MAY 26,2023 As the owners of both affected parcels (32031-14-90010 and 32031-14-90020), we the undersigned (Roderic J Dohleman and Ryan P Finn) issue this notice that the private two-party water system described under recordings 2156656 and 2157704 as "SS # 3133" is hereby terminated. The well bearing the tag"WA Department of Ecology;Unique Well#;BNX 105;Do Not Remove Tag," permitted through the Washington State Department of Ecology under Notice of Intent 1 � WE42200 with Well ID Tag No BNX105 on April 21,2021,and permitted through Mason County, WA under Permit 2021-00032 shall remain a Two-Party well servicing only Tax Parcel 32031- 14-90020(the parcel on which it is located). The well will service the primary home on Tax Parcel 32031-14-90020 and any future ADU. The new name for the two-party water system servicing only Tax Parcel 32031-14-90020 shall be"103 W Story Rd Water System." Tax Parcel 32031-14-90010 shall be required to permit and install a separate well within the boundaries of that parcel prior to initiating construction of any structure. NOTICE TO FUTURE PROPERTY OWNERS OF TERMINATION OF SHARED 2- PARTY WELL AGREEMENT Accordingly,the"Shared 2 Party Well Agreement"recorded under 2159733 on June 18, 2021 is terminated in its entirety and is no longer enforceable. Tax Parcel 32031-14-90020 (Res. PCL 2 BLA 21-18,PTN SE NE 31-20-3)and Tax Parcel 32031-14-90010(Res.PCL 1 BLA 21-18,PTN SE NE 31-20-3) shall each be required to utilize separate wells located on the parcel which the well shall service. Each parcel shall electrify its own well and pay all related costs directly (including, but not limited to, installation, maintenance, repair, electrification, and replacement); these costs shall not be shared between the parcels. The monthly payments required under recording 2159733 shall cease immediately. The easement for well and waterline on Lot 2 BLA #21-18 established under recording 2159733 is hereby terminated. NOTICE TO FUTURE PROPERTY OWNERS OF MODIFICATION OF WELL ACCESS EASEMENT The well access easement as recorded under file 2160831 on July 1, 2021 is useful in that it reserves a 400 sq ft region for well placement which meets all required setbacks; however, the language of that easement was imprecise and consequently was severely abused by the previous owners of Tax Parcel 32031-14-90010. Accordingly, the easement recorded under file 2160831 is hereby terminated and re-established as follows: Easement A 12' easement for well access, installation,maintenance,repair, and replacement to benefit Tax Parcel 32031-14-90010 (Res. PCL 1 BLA 21-18, PTN SE NE 31-20-3)and Tax Parcel 32031-14- 90020(Res. PCL 2 BLA 21-18, PTN SE NE 31-20-3) is hereby established along the shared property line between the two parcels from the boundary marker located at the western edge of the right- of-way on West Story Rd(the True Point of Beginning of said easement as described below)to "Point A" (as described below). [For lay persons, Point A lies along the property line at a point approximately 3' east of the boundary marker located near the well heads.] The easement shall extend 4' into Tax Parcel 32031-14-90020 (Res. PCL 2 BLA 21-18, PTN SE NE 31-20-3)and 8' into Tax Parcel 32031-14-90010 (Res. PCL 1 BLA 21-18, PTN SE NE 31-20-3). This easement shall remain passable by well drilling and maintenance equipment at all times;therefore, no permanent obstruction shall be placed within this easement. Any object placed within this easement may be removed by any recorded owner of either tax parcel at any time for any reason. Vegetation may be planted within the easement with the understanding that it may need to be driven over by well drilling and/or maintenance equipment from time to time without prior notice given to anyone. Any recorded owner may walk through the easement for any purpose; however,the only motorized vehicles allowed in vegetated sections of the easement shall be vehicles actively involved in maintenance or installation of a well. All recorded owners and their invitees utilizing the easement shall take care to cause as little damage as practicable to vegetation or roadways within the easement. Damage caused to vegetation or roadways within the easement which results from activities not related to well access, installation, maintenance, repair, and/or replacement and which the damaging party does not fully rectify shall be subject to recovery actions in civil Court with the prevailing party being awarded attorney's fees. Each recorded owner shall be responsible for maintaining any vegetation or roadway which lies on their parcel's portion of this easement in a tidy,weed-free state of good repair; vegetation shall be irrigated as required to keep it healthy and prevent a fire hazard. The conditions of this easement may be enforced by specific performance. This easement is described as follows: A portion of the Southeast Quarter of the Northeast Quarter of Section 31, Township 20 North,Range 3 West of the Willamette Meridian and more particularly described as follows: Commencing at the East Quarter corner of said Section 31; Thence West along the East/West centerline which bears North 85°22'25"West for a distance of 1320.13 to the Southwest corner of Lot 2 of Mason County Short Plat No 3133; Thence along the West line of said Short Plat No.3133 which bears North 02°34'08"East fora distance of 713.11 feet; Thence South 87°25'52"East for a distance of 380.97 feet to the Westerly right-of-way of Story Road and the True Point of Beginning of said easement; Thence South 73°06'09" West for a distance of 152.00 feet and the terminus of said centerline and being Point A. Further, a 20' x 20' easement for well access, installation,maintenance, repair, and replacement to benefit Tax Parcel 32031-14-90010 (Res. PCL 1 BLA 21-18, PTN SE NE 31-20-3)and Tax Parcel 32031-14-90020(Res. PCL 2 BLA 21-18, PTN SE NE 31-20-3) is hereby established as described below. Wells servicing Tax Parcel 32031-14-90020 (Res. PCL 2 BLA 21-18, PTN SE NE 31-20-3) shall be confined to the southernmost 5' of this easement(a strip 5' wide running the entire 20' length of the southern end of the easement). Wells servicing Tax Parcel 32031-14-90010(Res. PCL 1 BLA 21-18, PTN SE NE 31-20-3) shall be confined to the northermost 5' of this easement(a strip 5' wide running the entire 20' length of the northern end of the easement). The remaining 10' strip in the center of the easement shall remain unobstructed to allow for passage of vehicles actively maintaining, repairing, installing, or accessing any well within the easement(a strip 10' wide running the entire 20' length of the easement and centered between the aforementioned 5' strips allocated to each parcel for well placement). Any object unrelated to the operation of a well which is placed within this easement may be removed by any recorded owner of either tax parcel at any time for any reason. Vegetation may be planted within the easement with the understanding that it may need to be driven over by well drilling and/or maintenance equipment from time to time without prior notice given to anyone. Any recorded owner may walk through the easement for any purpose;however,the only motorized vehicles allowed in vegetated sections of the easement shall be vehicles actively involved in maintenance or installation of a well. All recorded owners and their invitees utilizing the easement shall take care to cause as little damage as practicable to vegetation or roadways within the easement. Damage caused to vegetation or roadways within the easement which results from activities not related to well access, installation,maintenance, repair, and/or replacement and which the damaging party does not fully rectify shall be subject to recovery actions in civil Court with the prevailing party being awarded attorney's fees. Each recorded owner shall be responsible for maintaining any vegetation or roadway which lies on their parcel's portion of this easement in a tidy,weed-free state of good repair; vegetation shall be irrigated as required to keep it healthy and prevent a fire hazard. The conditions of this easement may be enforced by specific performance. This easement is described as follows: Commencing at above described Point A; Thence North 16°53'51"West for a distance of 12 feet; Thence South 73°06'09" West for a distance of 20 feet; Thence South 16°53'51"East for a distance of 20 feet; Thence North 73°06'09"East for a distance of 20 feet; Thence North 16°53'51" West for a distance of 8 feet to the True Point of Beginning; Situate in the County of Mason, State of Washington. DATED this 26th day of May,2023. Owner s)of Tax Parcel32031-14-90010 (Res. PCL 1 BLA 21-18, PTN SE NE 31-20-3) N Roderic Ryan P.Finn Owner(s) of Tax Parcel32031-14-90020 (Res. PCL 2 BLA 21-18, PTN SE NE 31-20-3) Roderic J.Dohleman Ryan P. Finn STATE OF WASHINGTON ) ) ss COUNTY OF THURSTON ) On this day personally appeared before me ft I and er: jVAe 1 w•av, ,to me known to be the individuals described 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. GIVEN under my hand and official seal this 9,6 day of WI ,2023. SEAN HORNBACK NOTARY PUBLIC 122035132 Printed Name: Sc=uar,. jrN bark STATE OF WASHINGTON NOTARY PUBLIC in and for the State of MY COMMISSION EXPIRES Washington residing at Ok y P.LI 11_16_26 My commission expires: Il