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Home My WebLink AboutBLD2023-01059 Joint Use Pier, Ramp, Float, Piling - OTH Recorded Documents - 9/6/2023 2201770 MASON CO WA 09/06/2023 12:34 PM AGREE RACHEL ANDERSON #190529 Rec Fee $207 50 Page 5 IIIIiII IIIIII s III IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIIIII III IIIII IIII!IIIII IIII IIII Name and Return Address: t�fJ� ' ,^ oRD j�� Rachel Anderson ��SCf Marine Floats Corporation RECEIVED ! 313 East F St Tacoma, WA 98421 SEP - 6 2023 615 W. Alder Street THIS IS NOT AN i 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 STRUCTURE Effective Date:9/27/2021 This agreement regarding a joint-use pier,ramp,and float dructnre is made as of the daft shown above bcM-0C11 the property owners of Gary and Michelle Ratterree,husband and wife (hereinafter referred to as the owners of Parcel#12108-75-90012, the owners of the property commonly known as 263 East Stretch Island Road North Grapcvicw WA 98467 mane particularly described in Exhibit A attached hereto, and property owners Marc and Jennifer Morris,husband and wife(hereinafter referred to as the owners of Parcel#1 21 08-75-9001 3,the owners of the property commonly Imown as 261 East Stretch Island Road 'North Grapeview WA 98467 more particularly described in Exhibit A attached hereto.Parcel#12108-75-90012 and Parcel# 1 21 08-75-9001 3are shown on attached Plat map,Exhibit A attached hereto. Whereas,the owners of Parcel#12108-75-90012and 12108-75-90013 have commenced with plans for t1:e construction of a joint use pier,ramp,and float strucWre to be located on the above-e s l :d properties on the property line between than respective parcels;and Whz, ,the parties wish to enter into an agreement to provide for the use,access,tnaintcran , costs,and other such matters concerning the jomt use pier,ramp,and float strac=, Now, th=fcre,in consideration of the mutual benefits to be derived herefnim,the parties cov=aut and agree a5 follows: l. Joint Use Restriction:The current and future owners of Parcel#1 21 08-75-9001 2 and 1 21 08-75-9001 3(hcr inafter referred to as the Joint Use Owners)voluntarily agree to build no additional ovemat.er structures on Parcel#(12108-75-90012 12108-75-90013 except for the maintenance or mod6c alion of the joint use pier,ramp,and float atructtinc located on the property line between their respective parcels. 2. Joint Use De lgn and Construction;'11c current and future Joint Use Owners ague to and recognize the requiremcnts for conAnx ion,use,and mitigation requirements associated with the joint use pier,ramp,and float structure located on the property Line between their respective parcels Tie current and future Joint Use Owners shall have and undivided one-half interest in the joint use pi",ramp,and float skucturc and the water area contained within the structure area attached hereto as Exhibit D. 3. E :All expca`es concerning the joint use pier,runrp,and float structure shall be&hared equally. Such meta include,but arc not limited to, the following: a. Application and permit foes; b. All taxes; c. Design and urnakisction costs; d. Mrsintcriancc and repair cot&&;and e. [[applicable,premiums for the Imcr{icrtY insurance at rzplecanen1 value or other insurance stipulated. 4 Etepalrs and Maintenance: The Joint Ilse Owners agree to keep the joint use pier,ramp,and float structure in good order raid repair. All repair and maintenance cost not the result of one Joint I)ec Owner's acts or omissions ahall be shard in the pnrperiion as set forth in items 3 above. Pao I ,f 4 5. Imurnvrmm*:Any improvements shall be discussed and ageed to prior to commencement of construction and the sharing of costa shall be by further aft.Such improvements are subject to all applicable govrsnmental permits and approvals. 6. ACeds RiAts:The Joint Use Owners berby convey and warrant to the owners and future owners of the affected parcels an access casement over and across the affected parcels as is reasonable and desirable to gain ingress and egress to the joint use pier,ramp, and float structure. 7. E><eJtstfve Use:The joint use pier,ramp,and float structure and any of its improvements am for the exclusive and sole use and benefit of the Joint Use Owners,authorize d gue sts,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 other Joint Use Owners.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 on the joint use pier,ramp,and float structure itself or on the boat All boats moored at the joint use pier,ramp, and float structure shall be kept seaworthy and shall be kept maintained by the Joint Use owner mooring the boat No boats shall be used as live-aboards while moored at the joint use pie,ramp,and float structure.No social use of the property shall occur after 10:00 PM. S. Walver of Responsihfllty:All Joint Use Owners shall carry and show proof of adequate liability and can.'Zlty i=s•:r=cc for himsclflhersclf and any authorized individuals,and will be rcgt:urd to sign a hb;-hty waiver, The Joint Use Owners agree to keep the joint use pier,ramp, and float s-'uctu'r sad 7mmiscs clean,nrda-ty and as free as possible from all flammable substance& Each Joint Use Oa-ner shall indemnify and hold all other Joint Use Owners to this agreement harmless from any loss, damage, injury,cause of action or claim maul bng from any and all ads or ona:ssions of that Joint Use Owner,his or her agent,guest,or other persons or catities an or ali the premises at the Joint Use Owner's request 9. Btading Effect:"This agm=crt shall be binding upon and insure to the benefit of the current =d -c:o:t Use Owner,,their heirs, successors and assigns of the affected parcels,and all arvC>�Sa contxined herein shall run with the land and this joint use agreement shall be recorded on the dead or title for each parcel. 10. In the event either Joint Use Owns to this agreement fails to pay his share of costs and ocpcuscs,or violates the tv=n of this spec ement,such share ahall be a charge and lien on the prupaty of the person liable and alto the personal obligation of the person who was the owner of the property at the time the costs,were incurred Such charge and lice may be enforced by any Joint Use C)w=to this agreement.Thcre shall be added to the amount of such charge all cols, cxper ws and etuxmcys' foes reasonably incurred in enforcing the & rc. llic lien provided for by this paragraph &luill be subordinate to the lien of any mstirtAiunal rr,urtpage or dud of trust. 11 In the event of any legal action or pnx:ocding by either of the Joint Use Owncn to enforce anv pan of this agrmm ent,the prevailing Joint Use Owncr shrill be entitled to its musonablc costs and ocpenam of such action or proceedings►, including rewonablc attorneys'fees. 12. In the event of any dispute between the Joint Use 0wncn5 as to the avoessrty for repairs and maintenance,the matter shall be rcfined to arbitration under the rulca of the American Arbitration Association and the result shall be binding on the Joint(Jac Owners. the pnmiling Joist Unto Owner shall be cnUtlod to his arst and experimb end rctwonabie attorneys' foes. 13. Anything in this agrncmrnt to the contrary notwithatanriing,this agreement &hall terminate in 24 monU if no permits have been attained by Marine i loats, cu if both paritcs agree to testa. rage 2 of 4 l 3. This is the entire agreement between the Joust Use Owners.There are no other understandings, verbal or wntten. This agreement may not be amended without the written permission of all gmvTtimental agencies having jurisdiction over the joint-use pier,ramp,and float Faruchm. SO AGREED, Current Owners of Parcel#1 21 08-7 5-9001 2 a,r•-� �Z a r re sue._ o 1Print NamtJ f s , ,,/J ' Date Print Name S fiatu7r Date STATE OF WASENGTON ) )SS. Cou=y ` t'-) K ) and �On this day appeared before me �-4 c�-G 1_L E ElZ,2r� ,to me(mown 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 vohmtuy act and deed, for the uses and purposes therein menti G:,,= u:.der m hand and official seal day of - ' ,2f1 Z f `��----- NOTARY PUBLIC in and for the State of J "y PUEt►t. Washington,residing at S Tr" E OF ►BiASH+NGTON MILES F My arrrrnission expires: HOLDEN ter to t1�ra 748;3 ErAnt 07.1 -c02� Current Owners of Parcel$12108-75-90013 Print Name signature Dabs 210-1 Print Name silk0stmDate STATE O ASIWMN j 1— On this day personall a before me tome mown m be the individuals described in and who exec ited the a6thin and foregoing instrument, and ac4wwlcdged that they signed the same as their free and voluntary ad and deed, for the uses and pugxucs theizin mentioned. Given under my hand and official seal thi d day of �•``�� 1 A O ARY Plibud in and far a State of Washington, residing at -e;t36 Gc �Ij My commission expires: fto 7 111`,'`WN2``��