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HomeMy WebLinkAboutNOTICE TO FURTURE PROPERTY OWNERS OF PRIVATE TWO-PARTY WATER SYSTEM - OTH Recorded Documents - 11/30/2023 yet O ,Io1� Return To 2205039 MASON // � HaaI�EItVERSON3asVYY1n9a�I2III9998Rocl PM OmFeee 1h S22I1111 II50LL�1Pa ess�Ima9 /VEQ M:CAL— ilalJcr'S0✓t �IIIII�WII IaIIIItYllllpAa llll�IA 111�Hfi111WM11111I1N0l III Pd 130 < I5 (01 N•ve toe. (.JIB efeS aa'' ll Grantor(s): (1)Ai T—Iictu0S0 , (2) Grantee(s): (1) PUBLIC Legal Description (1) P<SQt - 4.rcc k 1 en & ? o c "(LA_ fr Z' -0 7 (Abbreviated form:i.e. lot, block, plat or section, township, range) Assessor's Tax Parcel: (1) 2 2- I 3 S - -� -- Z / 7 0 S35 l it 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. I 3 5 _ ! C - Q 2 / 7 0 Tax Parcel: (Connection 2) Z-Z 1 3- - 7 .S - ? I Z ( The system owner is responsible for keeping this system in compliance. The name of the water system is:Sct EAL•6. 1- (tAakr- 49rvc Psi c Sri ) 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/ de.een granted one or more waivers from specific provisions of the regulations. Dated on this q day of rW CO—, 20 Z3. Signature rantor(s): (1) c , (2) Page 1 of 2 State of Washington ) County of Mason ) I, the undersigned, a Ngtary Public ir and for the above named County and State, do hereby certifythat on this 9 day of ARWill.t�/t . 20 , flta.JQ r fop ✓er$$V4J personally appeared before me, who is known to be signer of the above instrument, and acknowledged that hh she) (they)signed it. GIVEN under my hand and official seal the day and year last above written. ANNETTE H MCNEILI .` �'T/L C Notary Public •�J+ Public for thate ofab hington, State of Washington residing at� License Number 198039 9 A ,,r,, My Commission Expires My commission expires: A4pmea 1�3 az° March 15. 2026 11 Page 2 of 2 2205039 Page 2 of 9 11/30/2023 02:53:51 PM Mason County, WA • Return to: Mr. Micah Halverson PO Box 1519 Shelton, WA 96584 Grantor: (1) Micah T. Halverson Grantee: Same Abbreviated Legals: Result Parcels 1 and 2 of BLA# 23-07 (A.F. #2196121), ptns. of SE %.of SE Y. Section 34 and SW'Aof 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 AGRgEMENT 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. 1 2205039 Page 3 of 9 11/30/2023 02:53:51 PM Mason County, WA • 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 626. 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. 2 2205039 Page 4 of 9 11/30/2023 02:53:51 PM Mason County, WA 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 manaaer 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. 3 2205039 Page 5 of 9 11/30/2023 02:53:51 PM Mason County, WA 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. 4 2205039 Page 6 of 9 11/30/2023 02:53:51 PM Mason County, WA 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 attomey's 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. 5 2205039 Page 7 of 9 11/30/2023 02:53:51 PM Mason County, WA 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 attorney's 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 the lands described herein and shall be binding upon any parts thereof and upon 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. 6 2205039 Page 8 of 9 11/30/2023 02:53:51 PM Mason County, WA • Halverson's Private Two-Party Water Agreement BY: 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. pp'lit, GIVEN under my hand and official seal this "! — day of November 2023. ANNETTE H MCNEIL 'ia��r�., . ,C Notary Public N?ii7 Public in an. for t• - State State of Washington o aehin ton, residingin eton. License Number 198039 9My Commission Expires My commission expires: MtIl 15 2DZ4 March i 5, 2028 7 2205039 Page 9 of 9 11/30/2023 02:53:51 PM Mason County, WA