HomeMy WebLinkAboutDeclaration of Covenants - PLN General - 6/22/2005 ` 1840678
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DECLARATION OF COVENANTS ASSOCIATED WITH
PRIVATELY MAINTAINED STORM DRAINAGE FACILITIES
GRANTOR(S): (1) CHRISTOPHER M. CARLETTI, Trustee under Trust dated June t0,
1993
(2) WILLIAM H. GATES III, as his separate estate
(3) HOOD CANAL HOLDINGS, LLC, a Washington limited liability
company
GRANTEE: MASON COUNTY DEPARTMENT OF PUBLIC WORKS
Legal Description:
Abbreviated form: Ptn Tracts 4 through 7. Plat of Sunny Beach,Vol. 2 of Plats Page(s�
34,records of Mason Count ,}_Washington
Additional legal on Exhibit A to document.
Assessor's Tax Parcel ID No(s).: 2233-50-000); 32233-50-00010; 32233-50-00901; 32233-50-
0001 l; 32233-50-00902; 32233-5 - 3-50-00008; 32233-50-00903; 32233-50-00009
In consideration of approval of the development known as Union Washington Residences,relating to real
property legally described on Exhibit A attached hereto and incorporated herein by this reference.
The undersigrled, as owner(s),covenant and agree that:
1. If at any time Mason County reasonably determines that maintenance or repair work is
required to be done to the existing,approved storm drainage facilities installed on the property described
herein and located outside of any public right-of-way (which will mean repair and or clean out of the
existing system only to the same standards as originally installed and approved), the Director of the
Department of Public Works shall give the representative of the current owners seven days advance
notice that, unless the current owners have completed or are not diligently pursuing the repair or
maintenance of the system as provided for in the notice,the County intends to perform such maintenance
or repairs,or to have them performed by others.
If the current owners have not completed or are not diligently pursuing the repair or maintenance
of the system and it becomes necessary for Mason County to perform the work,the current owners will
assume responsibility for the cost of such maintenance or repair and will reimburse the County within
thirty days of receipt of the invoice.Overdue payments will require payment of interest at the current legal
rate for liquidated judgments, and any costs or fees incurred by the County, should any legal action be
required to collect such payments,will be borne by the parties responsible for said reimbursements.
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MASON COUNTY TITLE INS CO DECL 26.00 Mason Cc, WA
2. If at any time Mason County reasonably determines that the existing and approved storm
drainage system on the property poses a hazard to life and limb, or endangers property, or adversely
affects the safety and operations of a public way, due to failure, damage or non-maintenance of the
existing on-site storm system, and that the situation is so adverse as to preclude written notice to said
owners,the Director of the Department of Public Works may take the measures necessary to eliminate the
hazardous situation(which will mean repair or clean out of the existing system only to the same standards
as originally installed and approved)provided the Director has first made a reasonable effort to locate said
owner before acting.
The current owners will assume responsibility for the cost of such maintenance or repair;and will
reimburse the County within thirty days of receipt of the invoice.Overdue payments will require payment
of interest at the current legal rate for liquidated judgments,and any costs or fees incurred by the County,
should any be borne by the parties responsible for said reimbursements.
3.The owners shall keep the Mason County Public Works Department informed at all times as to
the name, address and telephone number of the contact person responsible for the performance of
maintenance or repair work to the storm drainage facilities. Until further notification,the representative
and contact person for the owners is as follows:
Watermark Estate Management
5501 Lakeview Drive
Kirkland,WA 98033
Attention: Tom Chiado
Telephone No.: 425.468.2901
Fax No: 425.893.5599
These covenants are intended to protect the value and desirability of the real property described above,
and to benefit all the citizens of Mason County.They shall run with the land and be binding on all parties
having or acquiring from the current owners or their successors,any right,title or interest therein,and to
the benefit of all the citizens of Mason County.
ST HER M. CARLETTI,Trustee under Trust dated June 10, 1993
Address: c/o Preston Gates &Ellis LLP
925 Fourth Avenue, Suite 2900
Seattle,Washington 98104
Pho e: (206) 623-7580
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HRISTO HER M.CARLETTI acting g under
Power of Attorney for William H. Gates III
Address: c/o Preston Gates &Ellis LLP
925 Fourth Avenue, Suite 2900
Seattle,Washington 98104
Phone: (206) 623-7580
HOOD CANAL HOLDINGS. LLC,a Washington limited liability company
BY: TRUST DATED JUNE 10, 1993,its manalaing member
B :
9�_�-
CHRISTOPHE M. CARLETTI,Trustee under Trust dated June 10, 1993
Address: c/o Preston Gates&Ellis LLP
925 Fourth Avenue, Suite 2900
Seattle,Washington 98104
Phone: (206)623-7580
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STATE OF WASHINGTON) Page: a of aa;29a
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COUNTY OF KING ) MASON COUNTY TITLE INS CO DECL 28.00 Mason Co, WA
I certify that 1 know or have satisfactory evidence that Christopher M.Carletti is the person who appeared
before me,and said person acknowledged that he signed this instrument,on oath stated that he was authorized to
execute the instrument and acknowledged it as the Trustee of the Trust Dated June 10, 1993 to be the free and
voluntary act of such partyfor the uses and purposes mentioned in the instrument.
Dated: h ►,ram,
p. .. ••• . F ,� Notary Public 1
Print Name
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STATE OF WASHINGTON)
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COUNTY OF KING )
I certify that I know or have satisfactory evidence that Christopher M.Carletti,attorney-in-fact for William
H.Gates III is the person who appeared before me,and said person acknowledged that he signed this instrument,
and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument.
Dated:
Pp... •����,Ot .� 1.��� „C.l�:
t~YNeF�,$it Notary Public
,`GP• jssiotiF• �- Print Name y\el
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STATE OF WASHINGTON) 08/22/2005 04:29P
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COUNTY OF KING MASON COUNTY TITLE INS CO DECL 26.00 Mason Co, WA
)
I certify that I know or have satisfactory evidence that Christopher M.Carletti is the person who appeared
before me,and said person acknowledged that he signed this instrument,on oath stated that he was authorized to
execute the instrument and acknowledged it as the Trustee of the Trust dated June 10,1993,the managing member
of HOOD CANAL HOLDINGS, LLC to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Dated: l ti I"ALI i w Cyr c—
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Notary Publi � / D
Print Name
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MASON COUNTY TITLE INS 00 DECL 26.00 Mason Cc, WA
EXHIBIT A
Legal Description of Union Washington Residences
Lot 1
All that portion of Tract 4,Plat of Sunny Beach, as per plat recorded in Volume 2 of Plats,Page(s) 34,
records of Mason County,Washington,lying Northerly of the Northerly right-of-way for State Route 106;
TOGETHER WITH all tidelands of the Second class formerly owned by the State of Washington, as
defined by Section 1 of Chapter 36 of the Session Laws of 1911, situate in front of, adjacent to, or
abutting upon the upland hereby conveyed.
Lot 2
That portion of Tracts 4 and 5,Plat of Sunny Beach,as per plat recorded in Volume 2 of Plats, Page(s)
34, records of Mason County,Washington, described as follows:
BEGINNING at the Southeast corner of Tract 6 of said Plat of Sunny Beach;thence North 01°38'22"
West along its East line, 488.99 feet to the Northerly margin of Navy Yard Highway; thence North
79'11'13"West along said margin,306.23 feet;thence North 01°30'47"West,415.256 feet to Point"A"
and the TRUE POINT OF BEGINNING;thence South 01°30'47"East along an existing chain link fence,
415.26 feet to said Northerly margin;thence South 79'11'13"East along said margin 77.00 feet;thence
North 06°33'48"West, 286.55 feet;thence North 25°22'26"East,39.80 feet; thence North 17°14'58"
East, 81.10 feet to Point`B"; thence North 01°30'47" West, to the North line of Government Lot 3 of
Section 33,Township 22 North,Range 3 West,W.M., in Mason County,Washington;thence Westerly
along said Government Lot line to a point which bears North 01°30'47"West of the TRUE POINT OF
BEGINNING; thence South 01°30'47"East to the TRUE POINT OF BEGINNING.
TOGETHER WITH second-class tidelands lying in front of the above-described tract of land and between
lines extending North 01°30'47"West from both Points"A"and"B"to the line of extreme low tide.
(Said land being also known and described Tract 3 of Boundary Line Adjustment No. 88-20, recorded
July 20, 1988 under Auditor's File No. 483451.)
Lot 3
That portion of Tracts 5 and 6,Plat of Sunny Beach,as per plat recorded in Volume 2 of Plats,Page(s)
34, records of Mason County,Washington,described as follows:
BEGINNING at the Southeast corner of Tract 6 of the said Plat of Sunny Beach;thence North 01°38'22"
West along its East line, 488.99 feet to the Northerly margin of Navy Yard Highway; thence North
79'11'13"West along said margin,229.23 feet;thence North 06°33'48"West,286.55 feet;thence North
25°22'26"East,39.80 feet;thence North 25°2226"East,39.80 feet;thence North 17°14'58"East,8 1.10
feet to the Point"B"and the TRUE POINT OF BEGINNING;thence South 17°14'58"West,8 1.10 feet;
thence South 25°22'26" West, 39.80 feet; thence South 06°33'48" East, 286.55 feet to said margin;
thence South 79'11'l3" East, 60.00 feet; thence North 00°32'51" West, 199.27 feet; thence North
18°04'24" East, 45.64 feet; thence North 27°36'10" East, 113.99 feet to Point "C"; thence North
01°30'47"West to the North line of Government Lot 3 of Section 33,Township 22 North,Range 3 West,
W.M., in Mason County,Washington;thence Westerly along said Government Lot line to a point which
bears North 01°30'47"West of the TRUE POINT OF BEGINNING;thence South 01°30'47"East to the
TRUE POINT OF BEGINNING.
TOGETHER WITH second-class tidelands lying in front of the above-described tract of land and between
lines extending North 01°30'47"West from both Points"B"and"C"to the line of extreme low tide.
(Said land being also known and described as Tracts 4 and 5 of Boundary Line Adjustment No. 88-20,
recorded July 20, 1988 under Auditor's File No.483451.)
Lot 4
All that portion of Tract 5 and 6 of the plat of Sunny Beach, Volume 2 of Plats, page 34, particularly
described as follows:
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COMMENCING at the Southeast corner of Tract 6 of said plat of Sunny Beach;thence North 01°38'22"
West along its East line;488.99 feet to the Northerly margin of State Route 106;thence North 79'11'13"
West along said margin, 169.23 feet;thence North 009251"West, 199.27 feet;thence North 18°04'24"
East 45.64 feet;thence North 27°36'10"East 113.99 feet to a point hereinafter referred to as point"C"
and the POINT OF BEGINNING of the tract of land hereby described; thence South 27°36'10" West
113.99 feet;thence South 18°04'24"West 45.64 feet;thence South 00°32'51"East 199.27 feet to said
margin;thence South 79'11'13"East along said margin 50.00 feet;thence North 02°27'16"East 192.38
feet;thence North 32°51'23"East 125.21 feet to a point hereinafter referred to as Point"D";thence North
01°30'47"West to the North line of Government Lot 3 of Section 33,Township 22 North,Range 3 West,
W.M.,in Mason County,Washington;thence Westerly along said Government Lot line to a point which
bears North 01°30'47"West of the point of beginning;thence South 01°30'47"East to the TRUE POINT
OF BEGINNING.
TOGETHER WITH second class tidelands lying in front of the above described tract of land and between
lines extending North 01°30'47"West from Points"C"and"D"as described above to the line of extreme
low tide.
(Said land being also known and described as Tract 6 of Boundary Line Adjustment No.88-20,recorded
July 20, 1988,Auditor's File No. 483451.)
Lot 5
That portion of Tract 6 of the Plat of Sunny Beach as recorded in Volume 2 of Plats at page 34,records of
Mason County,Washington,described as follows:
BEGINNING at the Southeast corner of Tract 6 of said Plat of Sunny Beach;thence North 0113822"
West along its East line, 488.99 feet to the Northerly margin of Navy Yard Highway; thence North
79'11'13"West along said margin, 119.23 feet;thence North 02'27'16"East 192.38 feet;thence North
32°51'23" East; 125.21 feet to Point "D" and the TRUE POINT OF BEGINNING; thence South
32°51'23" West, 125.21 feet; thence South 02'27'16" West, 192.38 feet to said margin; thence South
79'11'l3"East, 119.23 feet to said East line of Tract 6;thence North 01°38'22"West to the North line of
Government Lot 3 meander line,Section 33,Township 22 North,Range 3 West,W.M.,in Mason County,
Washington;thence Westerly along said meander line to a point which bears North 01°30'47"West of the
TRUE POINT OF BEGINNING;thence South 01 030'47"East to the TRUE POINT OF BEGINNING.
TOGETHER WITH second-class tidelands lying in front of the above-described tract of land which are
adjacent thereto and abutting thereon and lying Easterly of a line extending North 01°30'47"West from
Point"D".
(Said land being also known and described as Tract 7 of Boundary Line Adjustment No.88-20,recorded
July 20, 1988 under Auditor's File No.483451.)
Lot 6
That portion of Tract 7 lying North of State Route No. 106, all in Sunny Beach, as per plat recorded in
Volume 2 of Plats, Page(s) 34, records of Mason County,Washington.
EXCEPT that portion lying within the PLAT OF ALDERBROOK COUNTRY CLUB, as per plat
recorded in Volume 5 of Plats,Page(s) 18,records of Mason County,Washington.
ALSO, all tidelands of the second class formerly owned by the State of Washington, as defined by
Chapter 255 of Session Laws of 1927 situate in front of, adjacent to, or abutting on said Tract 7.
EXCEPTING therefrom that portion of Tract seven(7)of the plat of Sunny Beach,recorded in Volume 2
of Plats,Page 34,records of Mason County,Washington,lying Northerly of the Northerly right-of-way
line of State Highway No. 106,more particularly described as follows:
COMMENCING at the intersection of the East line of said Tract seven(7)and the Northerly right-of-way
line of State Highway No. 106, said point also being the Southwest corner of the PLAT OF
ALDERBROOK COUNTRY CLUB, as per plat recorded in Volume 5 of Plats, Page 18, records of
Mason County, Washington;thence North 0 V38'25"West along the common line between said Tract
seven (7) and the PLAT OF ALDERBROOK COUNTRY CLUB, 39.31 feet to the TRUE POINT OF
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BEGINNING;thence leaving last said line,North 04023'29"West 193.38 feet to the point of curvature of
a 47.00 foot radius curve to the right;thence along said curve through a central angle of 39129'25"for an
are distance of 32.39 feet to a point on the common line between said Tract seven(7)and the PLAT OF
ALDERBROOK COUNTRY CLUB, which bears North 01°38'25" West from the TRUE POINT OF
BEGINNING; thence South 01°38'25" East 223.53 feet to the TRUE POINT OF BEGINNING.
Also known as Parcel 4 of Mason County Boundary Line Adjustment No. 04-57, recorded under
Recording No. 1823315.
Lot 7
All that portion of tract four(4),plat of Sunny Beach,according to the recorded plat thereof in the Office
of the Auditor for Mason County,Washington,Volume 2 of Plats,Page 34,lying Southerly of old State
Route 106 as shown on that certain map of record"Boundary Line Adjustment Plan"dated February 29,
2004 on file at the Mason County Engineers Office and recorded under Mason County Auditor's file No.
1823090;
Excepting therefrom the Easterly 60 feet;
Also,except any portion thereof lying within the right-of-way of S.R. 106 line survey of S.R. 106,Dalby
Road vicinity as per that certain map of definite location now of record and on file in the office of the
Secretary of Transportation at Olympia, and bearing date of approval of June 24, 2003 and revised on
August 8, 2003.
Together with that portion of the Northeast quarter of the Northwest quarter of Section 4,Township 21
North,Range 3 West,W.M., Mason County,Washington,more particularly described as follows:
COMMENCING at the North quarter corner of said Section 4;thence North 89103'46"West,along the
North line of the Northeast quarter of the Northwest quarter of said Section 4, 777.25 feet,to the TRUE
POINT OF BEGINNING; thence South 01°38'25" East, 200.20 feet; thence North 89°03'46" West,
220.99 feet, to a point on the East line of the West 325 feet of the Northeast quarter of the Northwest
quarter of said Section 4, as per survey recorded in Volume 19, Page 215, records of Mason County,
Washington;thence North 029 0'36"East along last said line 200.05 feet,to a point on the North line of
the Northeast quarter of the Northwest quarter of said Section 4;thence South 89°03'46"East along said
North line, 207.66 feet,to the TRUE POINT OF BEGINNING.
Also, together with that portion of abandoned State Route 106 abutting Parcel 19, designated as Parcel
"G"as shown on that certain map of record "Boundary Line Adjustment Plan"dated February 29,2004
on file at the Mason County Engineers Office and recorded under Mason County Auditor's File No.
1823090.
Also known as Parcel 28 of Mason County Boundary Line Adjustment No. 04-59, recorded under
Recording No. 1823317.
Lot 8
All that portion of tracts five(5)and six(6)of the Plat of Sunny Beach,recorded in Volume 2 of Plats,
Page 34,records of Mason County,Washington,lying Southerly of the Southerly margin of right-of-way
of old State Route 106 and Northerly of the Northerly margin of right-of-way of SR 106 line survey of SR
106,Dalby Rd.vicinity as per that certain map of definite location now of record and on file in the Office
of the Secretary of Transportation at Olympia and bearing date of approval of June 24,2003 and revised
on August 8,2003,
TOGETHER WITH that portion of abandoned State Route 106 abutting Parcel 17,designated as Parcel
"H"as shown on that certain map of record"Boundary Line Adjustment Plan"dated February 29,2004
on file at the Mason County Engineers Office and recorded under Mason County Auditor's File No.
1823090.
Also known as Parcel 30 of Mason County Boundary Line Adjustment No. 04-59, recorded under
Recording No. 1823317.
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Lot 9
ALL THAT PORTION OF THE EASTERLY 60 FEET OF TRACT FOUR (4) OF THE PLAT OF
SUNNY BEACH, RECORDED IN VOLUME 2, OF PLATS, PAGE 34, RECORDS OF MASON
COUNTY,WASHINGTON,LYING SOUTHERLY OF THE SOUTHERLY MARGIN OF RIGHT-OF-
WAY OF OLD STATE ROUTE 106 AS SHOWN ON THAT CERTAIN MAP OF RECORD
"BOUNDARY LINE ADJUSTMENT PLAN" DATED FEBRUARY 29, 2004 ON FILE AT THE
MASON COUNTY ENGINEERS OFFICE AND RECORDED UNDER MASON COUNTY
AUDITOR'S FILE NO.1823090;
EXCEPT ANY PORTION THEREOF LYING WITHIN THE RIGHT-OF-WAY OF S.R. 106 LINE
SURVEY OF S.R. 106, DALBY ROAD VICINITY AS PER THAT CERTAIN MAP OF DEFINITE
LOCATION NOW OF RECORD AND ON FILE IN THE OFFICE OF THE SECRETARY OF
TRANSPORTATION AT OLYMPIA, AND BEARING DATE OF APPROVAL OF JUNE 24, 2003
AND REVISED ON AUGUST 8, 2003
TOGETHER WITH ALL THAT PORTION OF TRACT FIVE(5)OF THE PLAT OF SUNNY BEACH,
RECORDED IN VOLUME 2, OF PLATS, PAGE 34, RECORDS OF MASON COUNTY,
WASHINGTON,LYING SOUTHERLY OF THE SOUTHERLY MARGIN OF RIGHT-OF-WAY OF
SR 106 LINE SURVEY OF SR 106, DALBY RD. VICINITY AS PER THAT CERTAIN MAP OF
DEFINITE LOCATION NOW OF RECORD AND ON FILE IN THE OFFICE OF THE SECRETARY
OF TRANSPORTATION AT OLYMPIA,BEARING DATE OF APPROVAL OF JUNE 24,2003 AND
REVISED ON AUGUST 8, 2003.
ALSO,TOGETHER WITH THAT PORTION OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 4,TOWNSHIP 21 NORTH,RANGE 3 WEST, W.M.,
MASON COUNTY,WASHINGTON,DESCRIBED AS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 4,THENCE NORTH
890 03' 46" WEST ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 4, 520,75 FEET MORE OR LESS TO THE
INTERSECTION OF THE SOUTH LINE OF TRACT SIX(6)OF THE PLAT OF SUNNY BEACH,
VOLUME 2 OF PLATS,PAGE 34,RECORDS OF MASON COUNTY,WASHINGTON,AND THE
WEST LINE OF THAT CERTAIN EASEMENT RECORDED UNDER AUDITOR'S FILE NO. 195672
' T 102.27 FEET;
AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 22 57 42 WEST ,
THENCE SOUTH 420 07' 14" WEST 139.77 FEET; THENCE NORTH 8911 03' 46" WEST 117.11
FEET;THENCE NORTH 01°38'25"WEST 200.20 FEET TO A POINT ON THE NORTH LINE OF
THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 4;THENCE
SOUTH 890 03'46"EAST ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 4, 256.50 FEET TO THE TRUE POINT OF
BEGINNING.
ALSO KNOWN AS PARCEL 29 OF MASON COUNTY BOUNDARY LINE ADJUSTMENT NO.04-
59, RECORDED UNDER RECORDING NO. 1823317.
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