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HomeMy WebLinkAboutJoint Use Pier, Ramp, Float, Piling - OTH Recorded Documents - 9/6/2023 2201770 MASON CO WA 09/06/2023 12 34 PM AGREE RACHEL ANDERSON 0190529 Rec Fee $207 50 Pages 5 �LIIIIII IIIIII���IIII ILIIIII IIIIII IIII IIII IIIII IIIII IIIIIII III IIIII IIII!IIIII IIII IIII Name and Return Address: Rachel Anderson y 5� Marine Floats Corporation RECEIVED 313 East F St Tacoma, WA 98421 SEP - 6 2023 615 W. Alder Street # fie THIS IS NOT AN `--� ORIGINAL DOCUMENT Document Title(s) 1 Morris-Ratterree Joint-Use Dock Agreement 2. Reference Numbers(s) of Documents Assigned or Released ADDITIONAL REFERENCE#'S ON PAGE Grantor(s) 1 Marc & Jennifer Morris 2 Gary & Michelle Ratterree ADDITIONAL GRANTORS ON PAGE Grantee(s) 1. Marc & Jennifer Morris 2 Gary & Michelle Ratterree ADDITIONAL GRANTEES ON PAGE Legal Description (abbreviated form:i.e.lot,block,plat or section,township,range,quarter/quarter) TR 1-C OF SURV 1/115 LOT: 3 OF SP#2075 (R) S/T/R: 8/21 N/1 W TR 1-B OF SURV 1/115 LOT: 2 OF SP #2075 (R) S/T/R: 8/21 N/1 W ADDITIONAL LEGAL IS ON PAGE Assessor's Property Tax Parcel/Account Number(s) 121087590013 & 121087590012 ADDITIONAL PARCEL#'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. AGREEMENT REGARDING JOINT-USE OVERWATER STRUCIURE Effective Date:9/27/2021 This agreement regarding a joint-use pier,tamp,and float gnictnre is made as of the dent shown above bem-cm the property owners of Gary and Michelle Rattcr ee,husband and wi fe (hereinafter referred to as the owners of Parcel#12I08-75-90012, the owners of the property commonly known as 263 East Stretch Island Road North Grapeview WA 98467 more particularly described in Exhibit A attached hereto, and property owners Marc and Jennifer Morris, husband and wife(haeinaRcr referred to as the owners of Parcel#12108-75-90013,the owners of the property commonly]mown as 261 East Stretch Island Road North Grapeview WA 98467 more parldculardy described in Exhibit A attached hereto.Pared#1 21 08-75-9001 2 and Parcel# 12108 7 5-90013are shown on attached Plat map,Exhibit A attached hereto. Whereas,the owners of Parcel#1 21 08-75-9001 2and 12108-75-90013 have commenced with plans for the construction of a joint use pia,ramp,and float structure to be located on the abovedescr-:bed properties an the property line between their respective parcels;and Whcnw,the parties wish to enter into an agreement to provide for the use,access,maimtccance, coem,and other such matters concerning the joint use pier,ramp,and float st ucture; Now, therefore, in consideration of the mutual benefits to be derived herefrmn,the parties cov= ui and ag:vve as follows: 1. Joint Use Reatr-iexfw The current and future owners of Parcel#12108-75-90012 and 12108-75-90013(hercinafter referred to as the Joint Use Owners)voluntarily agree to build no additional overwater structures on Parcel#(12108-75-90012 12108-75-90013 except for the maintenance or modification of the joint use pier,ramp, and float structure located on the property lime betwcrn their respective parcels. 2 Jvint Lae De lzn and Construction;'I7ic current and future Joint Usc Owncrs ague to and rocognim the requirements for construction,usc,and mitigation requirements associated with the joint use pier, ramp,and float structure located on the property line between their respective parcela 'I he current and future Joint Usc Owner i shall have and undivided one-half interest in the joint use pi",ramp,and float alruc.-turc and the water area contained within the structure area attached hereto ns Exhibit D. 3. $spins s: All expenses conccrrung the joint use pier,rarrrp, and float smicturr&hall be shamed aqually. Such costs include,but arc not limited to,the following: a. Application and permit fear; b. All taxes; C. Doaign arul cxrnatruction costs; d. Maintenance and repair costs;and C. If applicable,premiums for the property insurance at rcplaomneni value or other insurance stipulaicd 4 Repairs and Malntmance:'llic Joint I Jsc()wncrti agree to keep the joint use pier,ramp,and float aVucturc in good ordo=and M)air. All rvrAair and maintenance cost not the result of one Joint (Jac Owner's acts or orriaaums shall be shared in the proportion as set forth in items 3 above. Pays I (f 4 5 imnryvemen,k:Any improvements shall be discussed and ageed to prior to commencement of construction and the sharing of covets shall be by finther aft.Such improvements art subject to all applicable governmental permits and approvals. 6. Access Births:The Joint Use Owners baby convey and warrant to the owners and futme owners of the affected parcels an access easement over and across the affected parcels as is reasonable and desirable to gain i.ngess and egress to the joint use pier,ramp, and float structure. 7. EiC}IIttve Use:The joint use pier,ramp,and float structure and any of its improvements are for the exclusive and sole use and benefit of the Joint Use Owners,authorized guests,and future owners of the affected parcels.No Joint Use Owner shall grant rights of any kind whatsoever concerning the use and benefit of the joint use pier,ramp,and float structure without the prior written consent of the oticr Joint Use ORmes. No Joint Use Owner shall occupy more than their respective one-half of the water space located within the joint use pier,ramp,and float structure area, including bumpers and/or pads, whether located ea the joint use pier,ramp,and float structure itself or on the boat All boats moored Et the joint use pier,ramp, and float structure shall be kept seaworthy and shall be kept maintAined by the Joint Use Oavcr mooring the boat.No boats shall be used as live-aboards while moored at the joint use pier,ramp,and float structure.No social use of the property shall occur aftor 10.00?M. 8. Waiver of Rnpon:lbdrity All Joint Use Owners shall carry and show proof of adequate liability and caRmItY 1=urance for himsclflherself and any authorized individuals, and will be rcgLtrzd to sign a liability waiver.The Joint Use Owners agree to keep the joint use pier,ramp, and float structure aad premises clean,orderly and as free as possible from all flammable substances. Each Joint Use shall indtnniify and hold all other Joint Use Owners to this agreement harmless from any loss, damage, injury,causc of action or claim resul ring from any and all acts or c-r.:ssi on_s of that Joint Use Owner,his or her agent,guest,or other persons or=tics an or -' :AL-9 the prrrmtises at the Joint Use Owner's request. 14, 1Siariln2 Effect:This agreement shall be binding upon and maurt to the benefit of the current and WT Joint t;se Owners,their heirs,successors and assigns of the affected parcels,and all ocv�-u arntameod herein shall run with the land and this joint use agreement shall be rooms on the dcwc or utie for each parcel. G In tic erc:t either Jcrin2 Use Owner to this agreement fails to pay his sham of costs and expenses,or ver jateis the terms of this agreement,such share shall be a charge and lien on the property of the person liable and alto the pcTwnal obligation of the person who was the owns of the property at the t.C the cotter wcrc incurred Such charge and lien may be enforced by any Joint[Jac Owner to this agreement. There shall be esdeled to the ari unt of such chrerge all exerts, expenses and attorneys' fees reasonably ine.uIred in enforcing the urine. 'Ihc lien provided for by this paragraph ahall be suboniinntc to the lien of any 1LltrLl.dlonal rroxt age or deed of trust. 11. In the event of any legal action or prxicceding by either of the Joint Use Owners to cnforoe any pan of this agreement, the prevailing Joint[Jac Owner shall be ertitlod to its reasonable costs and expenses of such action or proceedings, irr;luding reasexfable attorneys'feces. 32. In the event of any dispute between the Joint Use Owners as to the necessity feu repam and maintenance,the mattar shall be rrferred to arbitration under the rules of the American Arbitration Ann-aviation and the result shall be binding on the Joint[Jae Owncrv.The p wailing Joint Use Owner ahall be entitled to his c oet and expenses and rzetacrnable attorneys' foes. 13. Anything in this agroemarI to the ConUnry notwithatambrig,this agrrernent &hall terminate in 24 mvnthx, if no pormila have been attained by Marine Floats, or if both parites agree to terminate. PW2of4 14. This is the entire agrremcnt between the Joint Use Owners.There are no other understnndimgs, verbal or written. This agroement may not be amended without the written permission of all gmtirnnumW agencies having jurisdiction over the joint-use pier,ramp,and float struchnz. SO AGREED, C wrest Owners of Parcel#12108-75-90012 Print NaMC-jS Danal �� /�u� � AA,e-k ql'�z Print Name S tan Date SPATE OF WASHII OTON ) SS. County of ►J K ) r On this day persojilty appeared before me end t t t-e 1., -� 61z,Zt� , to me known to be the individuals dcscnbed in and who exect:.ted the within end foregoing instnmoeat,and aclmowledged that they signed the same as their free and volm:ary act and deed, for the uses End purposes therein mentiongd. Cr:-.=u:du my hand and official scat thi day o'f .20 /1 `" ----� NOTARY PLBLIC in and far the State of ✓":�`�� Washington,residing at C yd '3 L � Or' ihASH+NGTON My commission expires:LES F HOLDENtj,.r �� 3RISfd�E. 1 01.1;M4 Pyrlaf4 Current Owners of Patvel 112108-75-90013 Pnnt Name Signature Date J.Y�tkl�t�� [- 9- 30 Print Name Si Date STATE O VVASHINdTON ) J )SS. Countyso � ) On this day personallybefore me an �- `t� � F� � h1° a1 ,to me known to be the individuals described in and who cxocuted the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and dead,for the uses and purposes therein mentioned. t riven under my hand and offiriai seal thi (O day of �•``�� t TO ARY PUBLIC in for a State of _ yON....;� till Washington, residing at r�y13 6 G���� My commission cxpires: OF s 't t Or\WASN ,,.. , , ,