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HomeMy WebLinkAboutAgreement - PLN General - 10/24/2002 I I 1 IIII IIIIIIIIIIIII II 1766584 IIII II III �� 1 I���1�I I WAI0 Mason UR I1 E 1� II N8 C II TY�I�LE 1 11p6�N OUN Return to: Mr. Raymond Manke 3836 N. Lexington Street Tacoma,WA 98407-1127 GRANTOR: (1) RAYMOND E. MANKE (2) ANKE (3) EDWIN SMITH, Trustee under Real Property Trust, dated 0", 1985 (4) RICHARD R. MUNSON (5) ESTHER B. MUNSON GRANTEE: SAME ABBREVIATED LEGAL: PTN OF GOV T 3 o ,Section 34-22-3 PARCEL NO. 32234 34 00100, 00110;0 91�120, 00130, &000131. A EEME T This agreement is made this day o ctober, 2002, between Raymond E. Manke and Jan E. Manke, husband and wife, hereinafter referred to as MANKE, EDWIN SMITH, as Trustee under Real Property Trust, dated August 20, 1985, hereinafter referred to a KOCHE and Richard R.Munson and Esther B. Munson, husband and wi ein r referred to as MUNSON, for the purpose of establishing easements an reement for a community water system and access to State Route LAND AFFECTED MANKE is the o e a described on EXHIBIT A hereto attached and incorporated h co ed of Parcels one(1)and (2)' KOCHER is th wner f land described on EXHIBIT B hereto attached and incorporate Lh e -c posed of Parcels one(1) and two (2). MUNSO is e o er of land described on EXHIBIT C hereto attached and incorp erein. PU 0 W S MANKE, KOCHER and MUNSON desire to establish provisions for th o ship, operation, use, water quality testing, maintenance, repair, d or replacement of a community water system located on the MANK and lying South of State Route No. 106. This water system was built in 985 depth of 63 feet, with a 6 inch casing, and generates approximately 15 of water a minute. The well is enclosed in a 6 foot by 8 foot pump house, ich also contains two holding tanks. The water system services three (3) es located on the lands described on Exhibits A, B and C attached. The well, pump house, tanks, the main line under and along State Route 106 and ree (3) supply lines to the individual homes, and all other appurtenances that are used to generate water, shall herein after collectively be called the WATER SYSTEM. These provisions include establishing easements for the well, pump house, and all water lines LOCATION OF WELL AND PUMP HOUSE. Commencing at the intersection of the West line of Parcel two (2) of the MANKE tract described on EXHIBIT A with the Southerly right of way line of State Route 106; thence South, along said West line twentyfive(25)feet;thence East, parallel with the South line of said State Route 106, sixty (60) feet, more or less, to the center of the well casing. NOW, THEREFORE, MANKE, KOCHER and MUNSON hereby declare and establish the following covenants, conditions, easements and agreements for the WATER SYSTEM, for the benefit of the properties described above (regardless of the number of parcels of land owned, for the purposes of this agreement each owner shall own only one tract of land). JYIIII 1Q7665823 TIrL I CO gCREE 3 1.00 Mason Co, LIR 1) OWNERSHIP Each of the three (3) tracts of land described page one (1) shall have an undivided one-third (1/3) ownership intere (water share) in the WATER SYSTEM. As a result, MANKE is and conveys to KOCHER and MUNSON, an undivided o - ird inte est in said WATER SYSTEM. Each one-third (1/3) interes al ive the owner of a tract of land the right to take enough wate r single family dwelling for domestic purposes only, which includ-s aining a lawn and a small garden, and outside normal do such as recreation and washing. 2) DEDICATION OF EASEMENT NOW, THEREFORE, MANK OC R and MUNSON hereby grant and convey to each other recipr al, per tual non-exclusive easements for the operation, water quality .n aintenance, repair, and possible future upgrade and or replacem of the WATER SYSTEM and/or any component parts thereof, together with easements for ingress, egress and utilities to accomplish said purposes. Said easements being more particularly described as follows: a) an easejoe v portion of the MANKE land where the well and pum now located, together with an easement two (2) feet easured outward in all directions from the found 'o pump house; b) a tin me n (10) feet in width, being five (5) feet on each side oe line of an existing road as now constructed and in use ot rtion of the MANKE, KOCHER and MUNSON lands erly of State Highway No. 106, which road starts on the ON land, then goes Southerly and Easterly across the U N and MANKE lands, and then runs Easterly and Northerly cross the KOCHER land back to the Southerly right of way line of 'k tate Highway No. 106; an easement eight (8) feet in width, being four (4) on each side of the centerline of the main water line that runs northerly from the pump house under and across State Route 106 to a point on the MANKE land where said main line branches in two directions, going West to the MUNSON property and going East to the KOCHER property, which water mains run approximately parallel with the State Route 106; and d) an easement five (5) feet in width, being two and Y2 (2.5) feet on either side of the individual water lines that run from the distribution line to the three (3) individual houses, located on the tracts of land as described on the Exhibits A, B and C hereto attached. 3) MANAGEMENT. MANKE, KOCHER and MUNSON, shall jointly co-manage the WATER SYSTEM. All matters shall be decided by a majority vote, with each property owner having one Water Share to vote. Management shall include but not be limited to levying and collecting water assessments, contracting out and hiring independent contractors to perform water quality and water quantity testing, as well as maintenance and repair of the WATER SYSTEM and performing any other business decisions and judgments that the Co-Managers determine to be in the best interests of the three (3) tracts of land covered by this agreement, including, if the parties so desire, to turn the operation of the WATER SYSTEM over to an approved manager. 1766584 IIIIIIIII III IIII IIIIIIIII I IIII IIIIIIII Ma:o�Co,WA II II �,.m II I RG�E I 4 �8 CO Y TIE I �T ON CO � 4) MAINTENANCE AND REPAIR COSTS The cost of the operation, maintenance, testing and repair of all of the components of the WATER SYSTEM, including Pe main line and the water distribution lines, shall be borne equally by th wners of shares in the WATER SYSTEM, except that each share own shall be responsible for the cost of the maintenance, repair and posa replacement of the individual water supply lines, running fr he distribution line to their dwelling and/or property. The WATER T , including all water supply lines, shall be maintained at all ti i compliance with applicable governmental regulations. 5) REPLACEMENT COSTS The costs of any future replaceme t f the TER SYSTEM, or any of the component parts thereof, shall a GIs on the same basis as the costs for the operation, repair and (ntena a of the WATER SYSTEM. 6) RIGHT TO RELOCATE MANKE reserves the right to relo the well and pump house to another location on the MANKE tract, provided that all cost of relocation is borne by MANKE and provided that the quality and quantity of water provided at the location shall be eq al to or better than the water produced by the present well. 7) QUALITY/QUA MANKE, KOCH d NSON do not personally guarantee the quality or the quant' f w generated from the WATER SYSTEM. 8) WATER A99ESS TS a) I ' Tally, t annual charge for WATER SYSTEM maintenance shall b 120. per Water Share, which shall be paid in advance and e beginning April 1, 2003. This billing procedure may be ed at a later date to a monthly, bi-monthly, quarterly or semi- nn payment plan as may be determined by the owners. The unds collected from these fees shall be deposited into a separate ank account for the WATER SYSTEM, and shall be expended only those costs incurred for the operation,testing, maintenance, repair and possible future upgrade and/or replacement of the WATER SYSTEM. Once the bank account reaches $1,500.00 no further assessments will be charged until said fund drop below $1,000.00, the assessments will be reinstated to bring the fund back up to $1,500.00. b) NOTE: The power meter for the WATER SYSTEM is on the MANKE home and the costs for power have initially been determined to run about $10 .00 per month. The MANKE home shall be entitled to reimbursement of this amount plus any future increases imposed by the power company. c) These water fees may be raised at any time by a majority vote of Water Shares held by the Co-Managers. d) A majority vote (as determined by number of shares), may change the method of allocating costs to a usage factor with the installation of meters to measure the quantity of water used by each owner. e) In the event the funds collected through these fees are insufficient to pay for operation, testing, maintenance, repair or upgrade/replacement costs, and additional funds are required, such additional costs shall be assessed pursuant to Paragraph five(5)and six(6)described above. I(IIIII( I IIIIIII III IIII II IIII(IIIII III IIIII IIII IIII 17665823P II NTY TIttE IN� CO RCREE 11." Mason WA C� MA60N 0 Co,, f) If assessments are not paid within thirty (30) days after receipt of written notice that assessments are due (receipt shall be considered two (2) days following the postmark d e of the envelope which contains said notice), assessments shal a considered delinquent and shall bear interest at two percent(2%) r month until paid in full. g) If assessments are not paid withi (60) ays after receipt of written notice that assessments ar u as date of receipt is defined in the preceding paragraph), the nt owner shall be subject to discontinuance of service anytime ear the 60 day delinquency period has elapsed from date s ssnt was due. ROAD MAINTENANCE AGRE ENT( NKE&MUNSON (Drive Way No� ute 106) The land described on EXHI ffS A3naccess NKE) and C (MUNSON) shall also become subject to the ter,ctions and provisions of a road maintenance agreement for a co road, which provides access to the two(2)tracts of land from State Route 106. 1) ACCESS ROAD DEFINED There is an existin vewa hat starts on the Northerly right of way of State Route 106 that is on the Westerly line of Parcel two (2)of the MANKE land d HIBIT A and the Easterly line of the MUNSON land described o C; the center of this road is on the common boundary li sep ing these two (2) tracts of land and run from State Route 106 N`on4dy i y-five(35)feet into the two tracts of land. This strip of lands ereihldftiDr be referred to as the ROAD. 2) TERMS D CO ITIONS OF MAINTENANCE OF THE ROAD MA a _ SON hereby declare the following terms, conditions, and pr 'si all encumber the land described on Exhibits A and C for the p o of 'ntaining the ROAD, 3) D I TION OF EASEMENT M nd MUNSON hereby grant and convey to each other reciprocal rpetual non-exclusive easements over the ROAD as now constructed in use for the purposes of ingress, egress and utility purposes for the e it of the MANKE and MUNSON tracts of land described herein. 4) ANAGEMENT ANKE and MUNSON shall Co-Manage the ROAD. LEVEL OF MAINTENANCE The ROAD shall be maintained in a condition equal to or better condition as of October 15, 2002, as an all-season dirt and gravel road. All maintenance shall be limited to maintaining the ROAD's initial location and width. It is understood that this is a private ROAD in a rural area; hard surfacing of the ROAD will not occur unless there is unanimous consent by all the two managers to have the work performed. Maintenance shall include grading, repair of "chuck holes", tree and brush clearing and adding gravel for surfacing where necessary ROAD AGREEMENT(MUNSON, MANKE AND KOCHER) (ROAD SOUTH OF STATE ROUTE No. 106) The following agreement pertains to the lands on EXHIBITS A, B, and C. which will be subject to the following terms, conditions and easements: 1) PARKING AREA AND RAMPS DEFINED There is a strip of land known as the PARKING AREA located on the MANKE land lying South of State Route No. 106. To access this I I`1I I1 1 1I Ill II 1 1I I1I IIIII II 1766584of13 cT II II II II III 11 II II II III I�I,I II4�IIII3, 0� M&oon2 MASON o r t Cc, WA�o i��F��fu� t asoN � PARKING AREA as well as the WATER SYSTEM, dirt roads (ramps) have been constructed on the MUNSON and the KOCHER lands(Exhibits B and C). MANKE needs n easement for ingress, egress and utilities over the MUNSON and CHER lands where the dirt roads (ramps) are located, which two ) strips of land shall hereinafter be referred to as the RAMPS 2) EASEMENT CONVEYANCE NOW, THEREFORE IN CONSIDE OF MUTUAL BENEFITS, MUNSON and KOCHER hereby grant--an vey to MANKE a perpetual non-exclusive easement for ingres a utility purposes over the existing RAMPS as they are no constr ed and in use across their respective tracts of land for the be it of th ANKE parcel. 3) MAINTENANCE AND IMPR ME S MANKE shall be respon i le for he costs associated with the maintenance, repair, and up necessary, of the RAMPS as well as the liability for the use and oc tion of these RAMPS by MANKE, his guests and invitees. In the event that MANKE shall desire to build a garage on the Parking Area, MUNSON and KOCHER shall not object or protest such construction. AS TO BOTH AND ROAD AGREEMENTS 1) ARBITRATION In the event isp arises between Co-Managers in the interpretation or enforcement visions of this agreement, then any owner may submit t isput arbitration by the American Arbitration Association or other imilar itration association. The decision of the arbitrator shall be final d bind g on the owners and shall be enforceable in a court of law in _ including injunctive relief. The arbitrator may award mo to mages and/or may determine that a specific course of action b ak t medy a dispute. The arbitrator shall have the power to r t this agreement in a reasonable manner and to enter decisions h arbitrator believes are fair and equitable, bearing in mind that the pr a urpose of this agreement is to assure an adequate supply of able water and to provide a passable means of access for the tracts of d described herein. e costs of arbitration and reasonable fees incurred in the arbitration shall shared equally by the parties to this agreement. Before submitting a dispute to arbitration, a lot owner must notify the other lot owners in writing of the dispute and the proposed solution. Such notice shall be by certified mail, return receipt requested, and shall be sent a least twentyfive(25)days prior to any request for arbitration. 2) ENFORCEMENT Each owner of a tract of land described herein 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, in addition to costs, reasonable attorney's fees and reasonable costs of search of public records. 3) AMENDMENT No amendment of this agreement shall be permitted except by a written agreement executed by the owners of the three (3) tracts of land described on page one (1), and recorded with the Mason County Auditor. 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 IIII P1766584 NC I I� I I I II II II II II�III III III��IIIII IIII�II �Y TITLE INS CO T Rason Co UA SON pump energy rates and needed costs to repair and maintain the access road. 4) PROVISIONS RUN WITH TITLE TO THE LAN All provisions as stated above shall remain in II force and effect as covenants, restrictions, easements, liens a rances running with land and shall be binding upon any part reof, a d upon the owners thereof, their heirs, assigns, personal r res tatives and successors in interest. Accepting an interest in any portion of the within described land shall constitute an agree o be bound by and subject to the provisions of the agre meat. Raymond E. Manke, by Jan E. Man J n E. Manke his attorney in fact EDWIN SMITH, Trustee of the Real Property Trust dated August 20, 1985. Richard R. Munson Esther B. Munson STATE OF WASHI��TN s. COUNTY OF SON ) On this ctober, 2002, before me personally appeared Jan E. Manke to e n to be the individual described in and who executed the foregoi ns m for herself and also as Attorney in Fact for Raymond E. Mank d nowledged that she signed and sealed the same as her free and volu nd deed for herself and also as her free and voluntary act, and de as tto in Fact for said principal for the uses and purposes therein m io d, and on oath stated that the Power of Attorney authorizing the exe i of this instrument has not been revoked, and that the said principal is in nd is not insane. Giv under my hand and official seal a day and year last above written. `�1111I111t111j//j i , Not Public in and for t tat of _ NOTAgy ashington, residing at C - ` -- My commission expires — David C. Bayley W fA 8 H, pump energy rates and needed costs to repair and maintain the access road. 4) PROVISIONS RUN WITH TITLE TO THE LAND All provisions as stated above shall remain in full force and effect as covenants, restrictions,easements, liens and encumbrances running with land and shall be binding upon any parts thereof,and,upon the owners thereof, their heirs, assigns, personal representatives arid,successors in interest. Accepting an interest in and n 'portion of the within described land shall constitute an agreem to bound by and subject Gb m n to the provisions of the agreprnent. �tW G!'t u Yjj fud�C,G�n.►t.r�..�..,0__- /�i�Qi�-G n ; Raymond E.Menke,by Jan E.Manke n anke a— his alto ey in fact EDWIN SMITH,Trustee of the Real Property Trust dated August 20, 1985. Richard R.Munson Esther B.Munson �a �z �W STATE OF W HIN ) COUNTY S ) On t d y of October,2002,before me personally appeared Jan E. u MariKe to to be the individual described in and who executed the fo oi s ument for herself and also as Attorney in Fact for Raymond E. nke a cknowledged that she signed and sealed the same as her free and olunWry act and deed for herself and also as her free and voluntary act,and a?d'as Attorney in Fact for said principal for the uses and purposes therein ehtored,and on oath stated that the Power of Attorney authorizing the xecution of this instrument has not been revoked,and that the said principal is now living and is not insane. OGiven under my hand and official seal the day and year last above written. Notary Public in and for the State of Washington,residing at My commission expires pump energy rates and needed costs to repair and maintain the access road. 4) PROVISIONS RUN WITH TITLE THE LAND All provisions as staled above shall remain in full f and effect as covenants,restrictions,easements,liens and encumbra es running with land and shall be binding upon any parts thereo n the owners thereof, their heirs, assigns, personal represen es an cessors in interest. Accepting an interest Ir and to rdon of the within described land shall constitute an agreeme be and by and subject Co o to the visions the agre 1. 61. n f Raymond E.Menke,b Jan E.Manke An nke R i Y Y .• n o.0 his attorney in fact �a a EDWIN SMITH,Trustee of the 4 Real Property Trust dated August 20,19 �Ioarcl`R.Wnson-ma Esther B.Munsor �3 STATE OF WASHIN )as. COUNTY OF On IN da f ctober,2002,before me personally appeared Jan E. Manke to know be the Individual described in and who executed the foreg for herself and also as Attorney in Fact for Raymond E. M e nowledged that she signed and sealed the same as her free and nt a d deed for herself and also as her free and voluntary act,and Attorney in Fact for said principal for the uses and purposes therein m t' nod,and on oath stated that the Power of Attorney authorizing the ec ' of this instrument has not been revoked,and that the said principal is w living and Is not insane. Given under my hand and official seal th ay and year last above written. O I C ````t�tUnurrrryr Not ry Public,in and fort State `.���; VON '(0 Washington,residing at Y •k My commission expires_ f NOTAR 1 David C.Bayley '0u3uo frWASM,``����� f I III� IIf 1�l�I 1766584 aO 9of13111111110111111111111111111111 MA ON acteE 1 at a n..a„ co, ua F nk G.Rutledge M 'yn N. dye STATE OF WASHINGTON) ss. COUNTY OF/�/�S'�✓�'} On this day personalty appeared before me Frank G.Rutledge and Marilyn N. Rutledge to me known 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 voluntary ad and decj�Jor the uses and purposes therein mentioned. GIVEN nder my hand and official of October,2002 PUBLIC of Washingtonn,resWing ` ` NeAr`�����i� My commission expirey MOTARy O. T STATE OF WASHINGTON) ss. COUNTY OF ) Kocher to me known to be the individuals described Li the within and foregoing instrument,and acknowledged HEY d the same as THEIR free and voluntary act and deed,for th se purposes therein a mentioned. M N Wq+ Q NW 7 GIVEN under my hand and official seal r,2002 ON Wmdlu° O ti a m NOTARY P_VBL<in and for the Stat of Wa on,residing at _A ~W STATE OF WASHINGTON) ss. COUNTY OFGIlitYlfi �S On this 2 S-d 2002, before me personally appeared Edwin dig Smith before me,an n acknowledged that HE signed this Instrument, on oath stated H 's uthorized to execute this Instrument and acknowledge it as the Tru a operty Trust dated August 20,1985 to be the free and voluntary f su arty for the uses and purposes mentioned in this instrume t G u and and official seal t Co, sar lest above written. 5�•; � .• ow;,.n y N Public In and for the State of v ' sh on,residing at�)t —�—.. ,' y commission expires 111111111111111I1111111111i1IIII illlll III ililll III Ilil l'66584 MASON COUNTY T I TLE IN6 CO AGREE 3t 00 Mason Co, Up STATE OF WASHINGTON) ) ss. COUNTY OF MASON ) On this day personally appeared before me Richa�Munson and Esther B. Munson to me known to be the individuals described,ntid who executed the within and foregoing instrument, and acknowledged th t-TN�signed the same as THEIR free and voluntary act and deed, for the uses p ses therein mentioned. GIVEN under my hand and official seal t i of October, 2002 C NO RY PUBLIC in and or a of Washington, residing at C My commission expires D 0 InII1766584 IILI IIIIIIIIIIIII1IIIII1 I�III1II I�III1� Pe�24,2Go r 13 uA23P I�pYE Nano��IIIto iI T� TI7lE INS �N EXHIBIT A PARCEL 1: A tract of land in Government Lot three(3), Section thi our(34),Township twentytwo (22) North, Range three(3)West,W.M., parti arty described as follows: BEGINNING at a point on the South line of said ov r ment Lot three (3), 495 feet West of the Southeast corner thereof;the c N parallel with the East line of said Government Lot three(3),to the North lin eof;thence Westerly along said North line, making due West 110 feet; o , parallel with the East line of said Government Lot three (3)to a int on South line thereof, 110 feet West of the point of beginning; thenc ast, al g said South line, 110 feet to the POINT OF BEGINNING; EXCEPTING therefrom that portion the Ea t 92 feet thereof, lying Northerly of the Northerly right-of-way line of Stat ut 6; EXCEPTING therefrom that portion thereof lying Southerly of the Southerly right- of-way line of State Route 106; and ALSO, all tidelands of the d-cl as defined by Section 1, Chapter 36 of the Session Laws of 1911,for ned by the State of Washington, situate in front of,adjacent to, or n the West 18 feet of the above described upland, lying Northerly o o erly right-of-way line of State Route 106, EXCEPTING from al or oing right-of-way for State Route 106 and excepting road of- Parcel No. 322 3400 0. PARCEL That po n Go nment Lot three(3),Section thirtyfour(34),Township twenty ( North, Range three (3)West,W.M., particularly described as folio : B G at a point on the South line of said Government Lot three (3), 605 feet of the Southeast corner thereof; thence North, parallel with the East a overnment Lot three(3), to the meander line;thence Westerly followi said meander line, making due West,74 feet; thence South, parallel with th ast line of said Government Lot three (3)to the South line thereof; ast along said South line, 74 feet, more or less, to the POINT OF GINNING. ALSO, all tidelands of the second-class, as defined by Section 1, Chapter 36 of he Session Laws of 1911,formerly owned by the State of Washington, situate in front of, adjacent to, or abutting upon the above described upland. EXCEPTING from all the foregoing right-of-way for State Route 106 and excepting road rights-of-way. Parcel Nos.32234 34 00120 and 32234 34 00131, EXHIBIT B Parcel 1: That part of Government Lot 3 of Section 34,Township 22 North, Range 3 West, W.M., lying Southerly of State Route No.106 described as follows: II III I II IIIIII) IIIlilIII I IIIII IIIIIII 1766584 IIII II I (��k 3 IIII IIII TLE IN 6 CO t�OUNTI ,.00 Mason Co uA MA ON Beginning at a point on the South line of Said Government Lot 3,495 feet West of the Southeast corner thereof; thence North, parallel with the East line of said Government Lot 3, to the Southerly right-of-way line of§tate Highway No. 106; thence Westerly along the Southerly right-of-way line o tate Route 106, 110 feet,to the West line of said Government Lot 3;thence uth along the West line of said Government Lot 3 and parallel to the East I' ' Government Lot 3, to a point on the South line of said Government L 110 f ,West of the POINT OF BEGINNING; thence East, along th ou line of said Government Lot 3, 110 feet to the POINT OF BEGINNING. Parcel 2: That part of Government Lot 3 of Section Tow ip 22 North, Range 3 West W.M., lying Northerly of State Route N . abed as follows: Beginning at a point on the South li of sai t 3,495 feet West of the Southeast corner thereof; running th e W along said South line of Lot 3, 92 feet;thence North, parallel with the Eas ' of said Lot 3 to the meander line of Hood Canal;thence Easterly along said meander line to a point North of the point of beginning of this description; thence South, parallel with said East line of Lot 3 to said point of beginning; EXCEPTING therefrom that part lying Southerly of the Northerly line of State Ro o. 10 . TOGETHER with all ti in front of,adjacent to and abutting on said property in Mason Cou s ' gton. EXHIBIT C That portion of vern nt Lot 3 in Section 34,Township 22 North, Range 3 West,W.M es _ s follows: Be9 inni on a th line of said Government Lot 3 which lies 679 feet West of the Sot a corner thereof; thence North,parallel with the East line of said Gov of 3 to the meander line;thence following said meander line in a W rly ire n, making due West 66 feet;thence South, parallel with the East li n f d Government Lot 3 to the South line thereof, thence Easterly along sai h line 86 feet, more or less, to the point of beginning.