HomeMy WebLinkAboutEasement/Covenant - PLN General - 8/26/2014 2029159 MASON CO WA
08/26/2014 04:33 PM EASMTXOV
MASON COUNTY TITLE INS CO #76410nn Rec Fee $90.00 Pages: 5
�III���I�III �II� II��III��II��
Recording Requested by and I
When Recorded Mail To: AFFIp rr
Bradley S. Wolf
LAW OFFICE OF BRADLEY S. WOLF WA R. E TAX
600 First Avenue, Suite 600 A s 20
Seattle,Washington 98104 rear
FRAZIER
County
Grantor: Gre .St
Grantee: Ruth
Legal Description
(Abbreviated): UNION-GRAYS HARBOR& UCRR ADD BLK: 1
1-28
d
UNION-GRAYS HARBOR& UCRR ADD BLK: 10
LOTS 1-6
Assessor's T 32232-52-01001
And
32232-52-10001
er . of Documents
elease
5r Assigned: n/a
EASEMENT
FOR INGRESS,EGRESS AND PUBLIC ACCESS
AND VIEW AND USE COVENANT
Parties
1.1 Grantor. The grantor under this instrument is Gregory H. Stairs, his successors
and assigns.
COVENANT AND EASEMENT- 1
i
1.2 Grantee. The grantee under this instrument is Ruth A. Schultz, her successors
and assigns.
Easemen
2.1 Grant of Easement. Grantor hereby co warrants to Grantee a
non-exclusive easement as described herein of the type bed herein for the purposes
described herein.
2.2 Purpose. The purpose of this ease t is r the following:
2.2.1 Ingress and egress t e Be ted Property by Grantee,her agents,
assigns,licensees, invitees, and guests, and of the public.
2.2.2 Construction and maintenance of a minimum twelve foot(12')wide
driveway for public access to th nefited Property, including but not limited to access by
motor vehicle,foot,or bicycle.
2.3 Consideration. went is for and in consideration of the terms and
conditions of that Purch le Agreement entered on the_a day of''"`y'" 20L�_.
2.4 Location of Base ent. The easement shall permit access along the entire
Northern boun Gran 's property described herein,and shall extend across Grantor's
property so th t access the intersection of E. Seattle Street and E. 5`h Street,in
Union Was gt erwise the location and course of the easement shall be at the
Grantor's r on as to its course and direction.
.5 efited Property. This easement is to benefit the following described real
pro ' uated in the County of Mason, State of Washington:
is one 1), two (2),three (3),four(4), five (5)and six(6),Block ten(10),
of ays Harbor and Union City Railroad Addition to Union City,
as 'ngton,Volume 2 of Plats,page 1, records of Mason County,
s ington.
ax Parcel Number: 32232-52-10001
2.6 Burdened Property. This easement is to burden the following described real
property situated in the County of Mason,State of Washington:
EASEMENT AND COVENANT-2
2029159 Page 2 of 5 08/26/2014 04:33:29 PM Mason County, WA
Lots one(1)through twenty eight (28), Block one(1), Plat of Grays Harbor
and Union City Railroad Addition to Union City,Washington, %Iume 2 of
Plats, page 1,records of Mason County, Washington.
Tax Parcel Number: 32232-52-01001
2.7 Term of Easement. The term of this a is perpetual.
2.8 Maintenance Im rovement d R air.,
ir. initial responsibility for
construction of said easement shall be as describe ' the rchase and Sale Agreement
between the parties hereto. Thereafter,the f aintenance, improvement and repair
of the above described easement shall be a equ y between and among Grantor, Grantee,
and an of the owners of y any other propertie y in the future be granted easement
rights v
is over the same driv
eway ewa easement.
Y
2.9 Appurtenant Ease ent. The benefits and burdens granted and imposed by this
instrument shall run with the lan c ' d herein.
Restrictive Cove t ct View & Charecter of Neighborhood
3.1 View n antor hereby covenants and warrants to Grantee that he
shall not construct buil g r improvement thereon with a finished height greater than 15
feet in elevation as asure om the Southerly end of the burdened parcel, nor greater than
20 feet in elev t s red from the Northerly end of the burdened parcel. Grantor
further cove is an rrants to Grantee that he shall maintain all trees and shrubs to the
same hei tions.
.2 Covenant. Grantor and Grantee hereby covenant and warrant to each other
that o site-built, stick-built single-family home may be constructed on the within
s of grantor and grantee, and that no mobile home or manufactured homes
owes h a metal chassis), shall be permanently situated on the respective properties.
in RV's or Travel Trailers for occasional use shall be permitted.
3.3 Benefited Property. This covenant is to benefit the following described real
roperty situated in the County of Mason,State of Washington:
Lots one(1), two(2),three(3),four(4), five(5)and six(6),Block ten(10),
Plat of Grays Harbor and Union City Railroad Addition to Union City,
Washington, Volume 2 of Plats,page 1, records of Mason County,
Washington.
Tax Parcel Number: 32232-52-10001
EASEMENT AND COVENANT-3
2029159 Page 3 of 5 08/26/2014 04:33:29 PM Mason County, WA
3.4 Burdened Prop=. This covenant is to burden a following described real
property situated in the County of Mason, State of Washington:
Lots one(1) through twenty eight(28),Block one(1), P Gray arbor
and Union City Railroad Addition to Union City, W gt , Volume 2 of
Plats, page 1,records of Mason County, Washington.
Tax Parcel Number: 32232-52-01001
3.5 Term of Covenant. The to his rant is perpetual.
3.6 Appurtenant Easement. Th and burdens granted and imposed by this
instrument shall run with the lands described herein.
DATED this'Orday of ,204.
D
Gregory . S ,
Grantor
STATE OF/
)ss.
County of N }
c fy t I know or have satisfactory evidence that Gregory H. Stairs is the person
who d before me,and said person acknowledged that he signed this instrument and
it to be his free and voluntary act for the uses and purposes mentioned in the
strum
came N.
CARRIE N ANGSTEAD [print name]
Notary Public OTARY PUBLIC in andi for tAe State of
State of Washington ashington,residing at 2
My Commission Expires y appointment expires i 1 -
November 09, 2017
EASEMENT AND COVENANT-4
2029159 Page 4 of 5 08/26/2014 04:33:29 PM Mason County, WA
w�
DATED this day of -,y.nt , 2o�L.
"Oil
Ruth S ,
Gran
STATE OF WASHINGTON ) 0
)ss.
County of K I N G )
I CERTIFY that I know or e s . factory evidence that Ruth A. Schultz is the
person who appeared before person acknowledged that she signed this
instrument and acknowledge er free and voluntary act for the uses and purposes
mentioned in the instru
DATED: 2
V-k"t e S
[print name]
Y S NOTARY PUBLIC in and for the State of
Q • yj.+f'''., Washington,residing at UASriotA " )A
My appointment expires 3 —ITC t b
m%
EASEMENT AND COVENANT-5
{
2029159 Page 5 of 5 08/26/2014 04:33:29 PM Mason County, WA
i
Mason County WA GIS Page 1 of 1
Mason County WA GIS asp
I
WST
1001 X Q
120 E SEATTLE ST 361 E KUHN IAVE341
h results r 3 2... • •
271 E MAIN
331
•
rn 290 E 51I
r131 E SE♦TTLE T •
m
N
:4
191 SEATTLE ST
•
151E TAKEREASY ST
• 300 E :ERNEY 72 E.
Esri Car
00ft
123.099 47.353 Degrees
https:Hgis.co.mason.wa.us/mason/?find=322325201001 12/7/2018
EXHIBI "
File No.: 128258
Lots one(1),two(2)and three(3),Block on la Grays Harbor and Union City Railroad Addition
to Union City,Washington,Volume 2 of PIa page 1,,records of Mason County,Washington.
Portion of Parcel No.32232 52 01001.
SUBJECT TO THE FOLLOWING EXCEPTIONS:
1. EASEMENT FOR INGRESS, EGRESS AND PUBLIC ACCESS AND VIEW AND USE
COVENANT recorded August 26,2014,Auditors File No.2029159,
EASEMENT FOR INGRESS, EGRESS AND PUBLIC ACCESS AND VIEW AND USE
COVENANT recorded July 11��7,Auditor's File No.2077088.
2. EASEMENT F R U S recorded June 13,2016,Auditor's File No.2057596.
2085061 Page 2 of 2 12/05/2017 11:41:56 AM Mason County,WA
2085061 MASON CO IAA
12/05/2017 11:41 AM SWO
MASON COUNTY TITLE CO 11109474 Roe Faa: 75.00 Pages: 2
IIIHu HOB III III II�II 1��111111111
li HII ail HMI dHul III HIS HIII I�fiIIH III
WHEN RECORDED RETURN TO:
Cathy Weirather NOITMP—
6522 39th Ave SW WA R. E. EXCISE
Seattle,WA 98136
DEC052: 77
PAID (2 t 5". L(
��:I&A FR 1fEr
, Mt ,
Escrow Number: 128258 j \
Filed for Record at Request of: Mason County Title C6m,pany
STATUTORY Y DEED
THE GRANTOR(S),Greg H.Stairs,an ur/ arried on,for and in consideration of Ten Dollars and
other valuable consideration in hand paid, nveys, d warrants to Cathy Weirather, an unmarried
person,the following described real estate,sit� he County of Mason,State of Washington:
4 Cn Q- 6 i vt G�SC crnQ_11,.2-0 �
SEE EXHIBIT"A"ATTACHED HERETO
Abbreviated Legal:(RequirejH2
Vn5eabove.)
Lots 1,2&3,BLK 1,Grayity RR Addn.to Union
Tax Parcel Number(s): 32f)
Dated:
�,q►fl. rs
State Washin
i
ss.
County off,Maason
C
�tha�t�l know or have satisfactory evidence that Greg H. Stairs is the person who appeared
g,and said person acknowledged that helsheithey signed this instrument and acknowledged it
free and voluntary aqt for the uses and purposes mentioned in this instrument.
day of eGeteberv,200-17
- C
Not name printed or typ : D na Dotson
tary Public in nd for th S of WA
Residing at�
My appointment expires:
�y� ,
DOINNA M.DC 'SON 4
NO T ARY PUBLIC
STATE OF VJAS)iINCTON
COMMiSS!ON EXPIRES
NOVEM3ER 9,2019
LPB 10-05()
Page 1 of 2
vr.vuiau 14:!Db ID:
FAX' PAGE 1
M Phone;(30D)427.2670 Ext.450
Fax-,(360)427-8475 JerrY W.Hiuth,PE,PLS
01raclor
S U DEPARTMENT OF PUBLIC WORKS
0 T COURTHOUSE$LDG 1, 411 NORTH 5TH STREET
,It,
� P.O.BOX 1850 SHEITON,WASHINGTON 985a4
TERRY SCHMIDT
E. 120 Seattle Street August 31, 1995
Union, Washington 98592
Dear Sir:
I have reviewed our information on the alley in Block 18, Hood Canal Land &
Improvement Co. 's Plat of Union, as recorded in Volume 1 of Plats, Page 9, and
filed in tite Mason County Auditor's office. I find no record of it being
vacated by Mason Cau(ity Commissioner action, However it-would appear that the
following should apply:
The laws of tile State of Washington of 1889 - 1890, Chapter XIX, Section
32, Page 603 mandated that "Any county road . which remains
unopened for public use for tile space of five years after . . . the
authority (is) granted for opening the same, shall be and the same is
hereby vacated . .
The Supreme Court of Washington mandated in Turner vs. Davisson,
2d 375 (1955) , that the above law shall the vacation ad Wn,
unopened for five years prior to March 12, 1909in any Plat recorded
before March 12, 1904,
If there is evidence that the petitioned right-of-way was not improved
or opened for public use during the first five years after the filing
date, and that said right-of-way was never opened to the public. The
Board of Mason County Commissioners have recognized that said petitioned
right-of-way was vacated by operation of law, five �5) years after the
filing date, on which date Mason County lost any an all claim to said
Petitioned right-of-way,
The above three paragraphs were taken almost verbatim from a resolution passed
by the Mason County Board of Commissioners in November of 1985,
I hope this information will help you,
Sincerely,
ELDEN L. REED
Support Engineer
ELR:elr
I 4)
i
Surveys,
Subdivision and Platting,
and Boundaries
with
State and Federal Laws, Administrative Regulations
and Judicial Decisions
MUNICIPAL RESEARCH AND SERVICES CENTER
OF WASHIN TO N
G
AND
MUNICIPAL RESEARCH COUNCIL
IN COOPERATION WITH
ASSOCIATION OF WASHINGTON CITIES
Report No. 14
(Revision of Report No.4) May,1987
e
The statute, until its amendment March 12, 1909, applied to all platted streets and
alleys outside cities and towns under the control of the county that were unopened for
five years prior to March 12, 1909.206 However, streets platted on first class tidelands
(i.e., tidelands within two miles of the corporate limits of any city), are not "county
roads" within the meaning of this 1889-1890 statute, and are not vacated if they were
not developed within five years. The legislative intent expressed in Ch. 178, Sec. 52,
p. 549, and Sec. 54, p. 550, Laws of 1895, and in Ch. 179, Sec. 1, p. 572, Laws of 1895,
is that the public ways platted on tidelands of the first class should be subject to the
control of the city to which they are adjacent, whether or not they lie within the
corporate limits of the city.207 When such platted streets or alleys were dedicated
prior to March 12, 1909, but remained unopened for a period of less than five years
prior to March 12, 1909, such streets and alleys were not vacated by the 1889-1890
act.208
The right of the public to use an alley has been held to have been lost through having
remained unopened for public use for five years after dedication where it appeared that
the plat was filed in 1889 and no public use was ever made of the alley, and only a
portion thereof had ever been opened for use as a private driveway.209
Where streets were dedicated to a public use on a plat of an area outside of an
incorporated city or town, were used only intermittently by the public, and not
systematically for the period from 1890 through 1895, under Sec. 32, Ch. 19, p. 603,
Laws of 1889-1890, they were vacated in 1895 by operation of law and the public lost
any easement rights in the streets.210 This 1889-1890 statute is self-executing. Where
a platted county road became vacated through being unopened for five years, a judicial
determination was necessary to free the land from the apparent record easement, but
the owner's failure to obtain such an adjudication did not restore to the public any
interest which it lost through non-user.211
While a vacation of streets or alleys under the 1889-1890 statute terminated all interest—
of the public in platted streets and alleys, it did not affect private easements over the
2o6Brown v. Olmstead, 49 Wn.2d 210, 299 P.2d 935 (1962).
207Wvckoff v. City of Seattle 60 Wn.2d 100, 371 P.2d 935 (1962).
208Gillis v. King County, 42 Wn.2d 373, 255 P.2d 546 (1953). Even though
Sec. 32, Ch. 19, Laws of 1889-1890, as amended by Sec. 1, Ch. 90, Laws of 1909,
was repealed by Sec. 70, Ch. 187, Laws of 1937, the five year statutory time limit
for opening a county road provided for in said 1889-1890 statute, is applicable to
determine the present rights of the parties to a street dedicated in a plat which
was filed in 1890. Miller v. King County, 59 Wn.2d 601, 369 P.2d 304 (1962).
20913urkhard v. Bowen, 32 Wn.2d 613, 203 P.2d 361 (1949).
21oTurner v. Davisson 47 Wn.2d 375, 287 P.2d 726 (1955); and Howell v. King
County. 16 Wn.2d 557, 134 P.2d 90 (1943).
211Van Sant v City of Seattle, 47 Wn.2d 196, 287 P.2d 130 (1955); Wells v.
Miller, 42 Wn. App. 94, 708 P.2d 1223 (1985).
145