HomeMy WebLinkAboutNOTICE TO FUTURE PROPERTY OWNERS OF PRIVATE TWO-PARTYWATER SYSTEM - OTH Recorded Documents - 11/30/2023 oec
Return To 2205039 MASON °I<2Q
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Grantor(s): (1)Ai ra k r lSc(veto„ . (2)
Grantee(s): (1)PUBLIC .:L
Legal Description (1) DewV(4 II rc.c k ( qx.& 7 c - 3LA- 0 V3 "0 7
(Abbreviated form:i.e. lot, block, plat or section, township, range)
Assessor's Tax Parcel: (1) a 2- I 3 $- -3 0 - cta. / 7 0
S3S ( 2 ( L 22
NOTICE TO FUTURE PROPERTY OWNERS OF PRIVATE TWO-PARTY WATER SYSTEM
I (We) the undersigned grantor(s), certify that the water source located on the above-described
real estate under Legal Description (1) and Assessors Tax Parcel (1) situated in Mason
County, State of Washington, has been designated to serve a source of water to the following
parcels situated in Mason County, State of Washington; herein described:
Tax Parcel: (Connection 1) Z Z. ( 3 S - 3 0 - R z / 7 C)
Tax Parcel: (Connection 2)Z- Z I 3 !- 7 .5 - ?( 0 / Z
The system owner is responsible for keeping this systems'11 in compliance. /
The name of the water system is:Sct EAL.fn. {- f'� (W4kr A'ycc w c4f
This system is designed to provide for two service connections. Planning and design approvals
must be obtained from the department prior to expanding beyond this number of services.
Additionally, a water right, obtained from the Department of Ecology, is required if the water
system exceeds exemption standards.
This system (has/ S—P.een granted one or more waivers from specific provisions of the
regulations.
Dated on this q day of fW ti(r, 20 zz.
Signature rantor(s):
(1) �o , (2) - - - - - -- -
Page 1 of 2
State of Washington )
County of Mason )
I,the undersigned, a Notary Public ip.and for the above named County and State, do hereby
certifythat on this /15 day of Af the- liah , 20 2J ,
t&IZT 1)Q t/CY5DM-) personally appeared before me, who is known to be
signer of the above instrument, and acknowledged that hhshe) (they)signed it.
GIVEN under my hand and official seal the day and year last above written. /
ANNETTE I-I MCNEIL A , A/C i
Notary Public Public in andfor the ate of - hington,
State of Washington cc��""�� /���
License Number 198039 residing atS5ha 1S4C
My Commission Expires My commission expires: Aloha, id vv."
March 15, 2026
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2205039 Page 2 of 9 11/30/2023 02:53:51 PM Mason County, WA
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Return to:
Mr. Micah Halverson
PO Box 1519
Shelton, WA 98584
Grantor: (1) Micah T. Halverson
Grantee: Same
Abbreviated Legals: Result Parcels 1 and 2 of BLA# 23-07 (A.F. #2196121), ptns. of
SE V.of SE 'V.. Section 34 and SW V.of SW%of Section 35 all in Twp 21N, R 2 W.
Mason County Tax Parcel Nos: 22134-75-90121 and 22135-30-92170 and 30-13146.
WATER AGREEMENT
This agreement is dated November_2023, by Micah T. Halverson, a single man,
hereinafter referred to as Halverson, for the purpose of establishing rights and
obligations regarding a private two-party community water system.
LAND AFFECTED:
Halverson is the owner of the following described tracts of land:
Resulting Parcels One (1) and Two (2) of Boundary Line Adjustment No. 23-07,
recorded in Volume 53 of Surveys, page 23, on April 19, 2023, under Auditor's File No.
2196121, and formerly known as Tracts A and D of Short Subdivision No. 1167 (A.F#
405134) and being portions of the Southeast quarter (SE /) of the Southeast quarter
(SE %) of Section 34 and the Southwest quarter (SW'/.) of the Southwest quarter (SW
%) of Section 35, all in Township 21 North, Range 2 West, W.M., records of Mason
County, Washington.
PURPOSE
Halverson owns a private water system that has been approved by the Mason County
Health Department as a private two-party water system, known of record as the
Halverson Water System, which is located on the above-described Resulting Parcel 2.
This water system provides potable water to a residence on Resulting Parcel 2 and will
provide potable water to a future residence on the above-described Resulting Parcel 1.
Halverson desires to establish rights and obligations for the two-party water system,
which includes the use, operation, testing, repair, maintenance, replacement and/or
upgrading of this water system, and easement rights for said use, operation, testing,
repair, maintenance, replacement and/or upgrading of the water system.
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Water System Defined
As previously stated, the well is on Resulting Parcel 2. The well is 63 feet deep and
produces approximately 25 gallons per minute. The well has been approved by the
Mason County Health Department to provide water service to two (2) single-family
residences. There is an existing well house that contains the well and well pump,
electrical components, pipes, and valves used to produce the domestic water supply.
The Well was drilled in May of 1997, with an Application Number WEC97-0114, a Start
Card No. WO75765, and has a Unique Well Identification Number of ABQ 826.
There is one (1)water line that runs from the well house in a northerly direction to the
residence on Resulting Parcel 2. A second water line will be installed at a future date
within a 5-foot-wide water line easement, as shown and described on the Boundary Line
Agreement Map No. 23-07, that runs initially southwesterly and the easterly across
Resulting Parcel 2 to the West line of Resulting Parcel 1, to provide potable water to a
future residence on Resulting Parcel 1.
Electric power is provided to the well and well house from the residence on Parcel 2.
The well house, well, well pump, waterlines, and all appurtenances, now or hereinafter
connected thereto, which are used for the efficient production and transportation of
water shall, collectively, be hereinafter referred to as the Water System.
Rights. Obligations and Responsibilities
NOW, THEREFORE, Halverson hereby establishes and declares the following terms,
conditions, promises, obligations, and rights in the Water System, which shall
hereinafter become appurtenant to and run with the titles to the lands described herein
as Resulting Parcels 1 and 2, and shall be binding upon Halverson, his heirs,
representatives, executors, successors and/or assigns, as follows:
1. Ownership
a) Halverson, as the owner of the Water System, hereby establishes and
declares that each owner of Resulting Parcels 1 and 2 shall have an
undivided one-half ownership interest in and to the Water System. Each one-
half ownership interest shall give to the owner/user the right to take enough
water for one single-family dwelling for normal domestic use, which use shall
include water for landscaping, a small garden and other customary domestic
uses such vehicle washing, use of a pressure-washer, and water for adjacent
outbuildings.
b) No additional hookups to the Water System shall be permitted without the
unanimous consent of the owners of Resulting Parcels 1 and 2, which
consent shall be evidenced in writing by an amendment to this Agreement
executed by all owners with their signatures notarized, and recorded with the
Mason County Auditor's Office, and with the prior written approval of the
Mason County Health Department.
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2. Easements
a) Halverson hereby declares and establishes a perpetual non-exclusive
easement over, under, and across those areas of Resulting Parcel 2 where
the well house is now constructed and in use, together with an easement five
(5) feet in width, measured outward in all directions from the foundation of the
well house, for the operation, maintenance, repair, testing, replacement
and/or upgrading of any component part of the Water System contained in the
well house. The well is located within the well house, and the location of the
well house is more particularly described in that certain survey, recorded in
Volume 53 of Surveys, page 23, recorded on April 19, 2023, under Mason
County Auditor's File No. 2196121. This easement is for the benefit of
Resulting Parcel 1.
b) Halverson hereby declares and establishes a five (5) foot wide easement
over and across a portion of Resulting Parcel 2, as shown and described on
the Boundary Line Agreement Map No. 23-07, for the installation, use,
operation, maintenance, repair, replace or upgrading of a future water line
running from the well house to the West line of said Resulting Parcel 1, for the
benefit of Resulting Parcel 1.
3. Management
a) Halverson shall manage the Water System. Management shall include but
not be limited to levying and collecting water assessments, contracting out
and hiring independent contractors to test, maintain, repair, and/or replace
any part or all the Water System, and performing any other business
decisions and judgments the manager determines to be in the best interests
of the land covered by this agreement. The manager shall be required to use
due diligence to assure that an adequate supply of potable water is always
available from the Water System.
b) Liability: The owner of Resulting 2 shall NOT be liable to the owner of
Resulting Parcel 1 nor to the occupants of their respective residences, for any
damage, loss, or prejudice suffered or claimed on account of any action of or
failure to act by the manager, provided only that the manager has, in
accordance with the actual knowledge possessed by him, acted in good faith.
c) Emergency: An emergency shall be defined as failure of any shared
portion of the Water System to deliver potable water upon demand; and
4. Water Assessments/Expenses
a) The cost to power the well and the heat well house shall be paid by the owner
of Resulting Parcel 2 and shall be partially reimbursed by the owner of
Resulting Parcel 1. The owner of Resulting Parcel 1 shall pay to the owner of
Resulting Parcel 2 the sum of$25.00 per month due the first of each month
(or$300 per year in advance) to be used toward the electrical power costs
and expenses to operate the Water System.
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b) The power meter for the Water System is on the residence on Resulting
Parcel 2; the owner of Resulting Parcel 2 shall pay this electricity bill. This
fee of$25 per month may be increased in the future if the PUD No. 3
increases the costs for the electrical power to operate a two (2) party water
system; the cost is currently estimated at$15 per month for a two (2) party
water system.
c) The well house, well, well pump and all valves, pipes and electrical
components located within the well house shall be considered "shared
component parts" of the Water System, and the costs to maintain, repair,
replace and/or upgrade these "shared components" shall be shared equally
between the owners of Resulting Parcels 1 and 2 on a 50%/50% basis.
d) The individual water lines running from the well house to the present and
future two (2) residences shall be owned and managed by the landowner
whose residence is being serviced by their separate water line, and the cost
to maintain, repair, replace or upgrade a water line shall be the responsibility
of that individual landowner. The owner of Resulting Parcel 2 shall take the
necessary precautions to make sure the water line running across Resulting
Parcel 2 for the benefit of Resulting Parcel 1 is not damaged, where the flow
of water to Resulting Parcel 1 would be disrupted.
e) The manager may agree to establish periodic assessments for future
maintenance and repairs to the Water System. If periodic assessments are
established, assessments shall be due and payable within thirty (30) days of
receipt of the billing statement. Payments shall be made on the established
periodic schedule and in advance. These periodic assessments shall be
reviewed every year to make sure there is an adequate source of funds to
pay for the maintenance, testing, repair (including possible replacement of
components) of the Water System. Assessments may be increased when
costs increase to repair, maintain, replace and/or upgrade the Water System.
f) The Water System should be tested annually or at least every 2 years for
water quality. The fee for a bacteria test is currently $35.00 for each testing
charged by a laboratory approved by the Mason County Health Department.
g) If there is a need for additional assessments, over and above any established
periodic assessments, to pay for repairs, replacement or upgrades of
equipment needed to maintain the capacity of the Water System (a shared
component), each owner agrees to pay their share of the repair and
replacement costs, or upgrades to the Water System on a 50%/50% basis.
5. Quality and Quantity
Halverson, as the owner of the Water System, does not personally guarantee
the quality or the quantity of the water generated from the Water System.
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6. Procedures for Maintenance, Repair or Replacement of Water System
Components
a) When the Water System needs maintenance and repair, and the Water
System must be shut down, the manager shall give adequate advance notice
to the owner of Resulting Parcel 1 so that owner is not inconvenienced and
not in need of water.
b) In the event of an emergency, if the manager is not available and cannot be
reached for discussion, the owner of Resulting Parcel 1 may direct those
repairs necessary to solve the emergency, without the consent of the
manager. All such repairs to the shared portions of the Water System that
were necessary to solve the emergency shall be borne as provided in Section
4(c). All receipts shall be provided upon request by the manager.
7. Liens and Foreclosures
a) In addition to constituting the personal liability of the owners of Resulting
Parcels 1 and 2, all water assessments unpaid after the thirty (30) days
provided below, shall give rise to a lien being recorded against a delinquent
owner(s) property. Either owner shall have the right to record a lien against
the delinquent owner(s)with the Mason County Auditor which may be later
foreclosed, in the same manner and procedure as a foreclosure of
MECHANICS LIEN set forth in Chapter 60.04 R.C.W., which is incorporated
herein by reference.
b) As previously stated, all assessments shall be paid within thirty (30) days
after receipt of notice of assessment (considered received 2 days following
the post-mark date on the envelope/notice), after which time a lien may be
recorded against the parcel of land whose owner(s) have not paid. All unpaid
assessments shall bear an interest charge of two percent (2%) per month
beginning thirty (30) days after receipt of the notice of assessment and
continuing until said assessment plus accrued interest and recording charges
(to record and to release) has been paid in full.
c) At any time after one hundred twenty (120) days after receipt of notice of
assessment, either owner may submit to an attorney for foreclosure
proceedings the name of the owner(s) who have not paid. A reasonable
attorneys fee shall be payable by the delinquent owner(s) for services of an
attorney in connection with enforcing the provisions of this paragraph.
8. Subordination of Water Lien
Each water assessment lien shall be subordinate to the lien of any Mortgage or
Deed of Trust covering any of the land described herein, provided said security
lien is recorded prior to the recording of the assessment lien.
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9. Enforcement
Halverson,their heirs, successors and/or assigns shall have the right and
authority to enforce the provisions hereof, and in addition to any other remedy for
damages or otherwise, shall have the right to injunctive relief. The prevailing
party in any action to enforce any provisions hereof shall recover reasonable
attorneys fees and reasonable costs of a search of the public records and
advances for costs associated with said action. Failure to enforce any covenant
or restriction herein contained shall in no event be deemed a waiver of the right
to do so thereafter.
10. Amendment
No amendment of this agreement shall be permitted except by a written
agreement executed by both owners of the lands described on page one of this
agreement and recorded with the Mason County Auditor's Office. No
amendments will be permitted during the term of a federally insured or
guaranteed mortgage on any property served, except to assure an equitable
readjustment of shared costs in the event of significant changes in well pump
energy rates, or to expand the area served by the Water System to include
additional land.
11. Provisions Run with the Land
All provisions set forth herein shall remain in full force and effect as covenants,
restrictions, easements, liens, and encumbrances running with the titles to lands
described herein and shall be binding upon any parts thereof and upon the
owners, their heirs, executors, personal representatives, assigns and successors
in interest. Accepting an interest in and to Resulting Parcels 1 and 2 shall
constitute an agreement to be bound by and subject to the provisions of the
agreement.
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Halverson's Private Two-Party Water Agreement
BY: l(-a—c----
Micah T. Halverson
STATE OF WASHINGTON)
ss.
COUNTY OF MASON )
On this day personally appeared before me Micah T. Halverson to me known to be the
individual described herein and who executed the within and foregoing instrument and
acknowledged that he signed the same as his free and voluntary act and deed, for the
uses and purposes therein mentioned.
vk.
GIVEN under my hand and official seal this 2 ` day of November 2023.
e, ANNETTE H MCNEIL
Notary Public
N a Public in an forte State State of Washington ,
o ashington, residing in elton. License Number 198039
My Commission Expires
My commission expires: Mtt61 /�mzie, March 15, 2026
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