HomeMy WebLinkAboutDock Agreement - PLN General - 10/24/2002 I
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Mason Co, LIR
Return to
Mr. Raymond Manke
3836 N Lexington Street
Tacoma WA 98407-1127:
GRANTOR: (1) RAYMOND E. MANKE(2)J E ANKE (3) RICHARD R.
MUNSON(4) ESTHER B. MUNS
GRANTEE: SAME
ABBREVIATED LEGAL: Three(3)Tra s is GG Lot 3 of 34-22-3, TGW
tidelands
PARCEL NO. 32234 34 00110,0012 , 0 131
DOC AGREE ENT
This agreement is made this ay of ctober, 2002, between Raymond E.
Manke and Jan E. Manke, husband and wife, hereinafter referred to as MANKE,
and Richard R. Munson and Esther B Munson, husband and wife, hereinafter
referred to as MUNSON for the purpose of establish rights and obligations
regarding use of a commo k.
LAND AFFECTED
MANKE is the owner I d escribed on EXHIBIT A hereto attached and
incorporated herei .
MUNSON is t ner and described on EXHIBIT B hereto attached and
incorporated h ein.
PURPOSE
There is a floating ramp and dock that is located partly on the MANKE
land an pa o he MUNSON land described on EXHIBITS A and B that
extend to the waters of Hoods Canal. The ramp is approximately eight (8)
feet ' e ixty (60) feet long that ends in a dock approximately twelve (12)
fee id by'fifteen (15) feet long. This ramp is made of treated wood with
s floats. MANKE and MUNSON desire to establish rights and
obli for the ownership, use, maintenance, repair and future possible
m of this floating ramp and dock; said floating ramp and dock shall
herein er be referred to as the DOCK.
HEREFORE, MANKE AND MUNSON hereby agree that the property
scribed on EXHIBITS A AND B and the owners of these properties shall
me subject 10 and burdened by the following terms, conditions:
} OWNERSHIP INTEREST
MANKE and MUNSON own the DOCK. MANKE and MUNSON hereby
grant and convey to each other an undivided one-half interest in the
DOCK whereby MANKE and MUNSON shall be joint and equal owners of
same and shall have joint and equal right to use the Dock.
2) EASEMENT CONVEYANCE
MANKE and MUNSON hereby grant and convey to each other reciprocal
perpetual non-exclusive pathway easements over the MANKE and
MUNSON land for access to the DOCK. The specific location of this path
area shall be determined by MANKE and MUNSON, which area may be
changed from time to time to accommodate the changing needs and
activities of MANKE and MUNSON. These easements and Dock usage
rights are for MANKE and MUNSON and the successor owners of the
MANKE and MUNSON land described on EXHIBITS A and B only; the
easements and Dock usage rights cannot be assigned to anyone else
without MANKE and MUNSON agreeing in advance in writing to this
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assignment, and the assignee signing this agreement and abiding by the
terms and conditions of same.
3) MAINTENANCE
MANKE and MUNSON shall share equally on 500/6/50% basis for all
costs to maintain, repair and replace the a or any component
part thereof.
4) MANAGEMENT
MANKE and MUNSON shall be Co-M rs of the DOCK. As Co-
Managers, they shall make the d a advise each other when
maintenance, repair and or repla ent i ecessary. As Co-Managers,
MANKE and MUNSON underst that a salt water, wind, marine
growth and birds are constan the structural integrity of the
DOCK. As a result, MANKE M SON shall be constantly viligent to
make sure that the DOC is sec r ly fastened to the bulkhead to
withstand winter winds and es, d that debris that collects on the
surface of the DOCK is cleane regular basis to prevent injury to life
and limb. Also, MANKE and MUNSON shall determine maintenance and
repair schedules to take care of the above, as well as taking the DOCK
apart and placing same on land to clean, repair and or replace the
floatation materials are i e salt water.
5) LIABILITY
MANKE and M S all each take out an endorsement to their
homeowner insu ce policy to insure them against injury to life and
limb, the val th OCK and liability in case the DOCK breaks away
and cau am o adjoining and adjacent properties. The liability for
injury to 'e and i b shall be a minimum of$300,000.00, the value of the
DOCK II be p ced at$10,000.00, and consequential damages in case
of D tion shall be $25,000.00. If there is any litigation
in vi accident on or involving the DOCK, MANKE and MUNSON
s 11 k t eir homeowner's insurance carrier for coverage of same.
6) F DOCK
T shall be used for recreational purposes that are consistent with
r reational purposes found in and on the waters of Hoods Canal.
NKE and MUNSON shall be responsible for their own family members
a heir guests and invitees, and maintaining at all times a safe, clean
d healthy environment while using the DOCK.
NFORCEMENT
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 parry 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.
8) APPURTENANT WITH THE TITLE
This agreement shall be binding on MANKE and MUNSON, and their
heirs, successors and or assigns, and shall run with the titles to the
properties described on EXHIBITS A and B and become appurtenant
Rcvrnthcere �
aymond E. Manke by Jan E. Man"ke Jao . Manke
His attorney in fact
Richard R. Munson Esther B. Munson
assignment,and the assignee signing this agreement and abiding by the
terms and conditions of same.
3) MAINTENANCE
it'Q MANKE and MUNSON shall share equally on a 50% % basis for all
co a 3 coats to maintain,repair and replace the entire DOCK, ny component
part thereof.
o
°au
n 4) MANAGWENT
r m ; MANKE'and MUNSON shall be Co-Mane4 he DOCK. As Co-
a— Manages, they $hail make the decision vise each other when
maintenance, repair and or replaceme s As Co-Managers,
MANKE..and MUNSON understand at the It water, wind, marine
growth and birds are constantly atta 'ng the ructural integrity of the
DOCK! As a result,MANKE an be constantly viligent to
make sure that the DOCK secure stened to the bulkhead to
withstand winter winds and es, an at debris that collects on the
surface of the DOCK is cleans a re ar basis to prevent injury to life
o and limb.Also,MANKE and MU hall determine maintenance and
repair schedules to take care of the above, as well as taking the DOCK
apart and placing same on land to clean, repair and or replace the
floatation material hat are in the salt water.
5) LIABILITY
MANKE and ��VMalleach take out an endorsement to their
homeowner's olio•to insure them against injury to life and
limb,th ue le DOCK and liability in case the DOCK breaks away
�$ afKs
a to adjoining and adjacent properties. The liability for
ine an shall be a minimum of$300,000.00.the value of the
Dll placed at S10,000.00.and consequential damages in case
/ofs araticn shall be S25.000.00. If there is any litigation
Qcadent on or in:o;wng she DOCK, MANKE and MUNSON
sh ok to their homeov:ter 5;rsurance carnet for coverage of Same.
FD K
t
dock shall be used for recreational purposes that are consistent with
alional purposes found in and on the waters of Hoods Canal.
MANKE�and MUNSON shall be responsible for their own family members
and their guests and invitees,and maintaining at all times a safe,clean
Oand healthy environment while-sing the DOCK.
7) ENFORCEMENT
Each owner of a tract of land described herein shall have the right and
authority to enforce the provisions hereof,and In addition to any other
remedy:for damages or otherwise,shall have the right to injunctive geliel.
The prevailing party in any action to enforce any provisions hereof shall
recover,in addition to costs,reasonable attorney's fees and reasonable
costs of search of public records.
8) APPURTENANT WITH THE TILE
This agreement shall be binding on MANKE and MUNSON, and their
heirs, successors and or assigns, and shall run with the titles to the
properties described on EXHIBITS A and B and become appurtenant
there
aymonR d E.Menke by fan E.Marilee Jarijit Menke
His attorney in fact
i
hard R.Munson c$ther B.Munson
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1766583
HI Iall flIll IIII 1111I tMason Cc 0UAfiGR£EIIT TLE INS CFIRSON TY 1
STATE OF WASHINGTON)
) ss.
COUNTY O��F,,��M''ASON )
On this z ' day of October, 2002, before me peared Jan E.
Manke to me known to be the individual describe ' nd wh executed the
foregoing instrument for herself and also, Att r ey i Fact for Raymond E.
Manke and acknowledged that she signed anVhe
the same as her free and
voluntary act and deed for herself and also asand voluntary act, and
deed as Attorney in Fact for said principal nd purposes therein
mentioned,and on oath stated that the P er of A t rney authorizing the
execution of this instrument has not been yoked nd that the said principal is
now living and is not insane.
Given under my hand and officia eal the y and year last above written.
C. 24
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.......
Not Public in and fort Sta of ° ��\S
Washington, residing at f1� WOTAgr "'
My commission expires O = --�—
David C.Bayle �;. °1/e06
STATE OF WASHINGS.
COUNTY OF C
On this day erson appeared before me Richard R. Munson and Esther B.
Munson to me own be the individuals described in and who executed the
within and rument, and acknowledged that THEY signed the same
as THEI re voluntary act and deed, for the uses and purposes therein
mentio
GIV u my hand and officials al this 47 day of October, 2002
`````v;O�,C
BLIC in nd f th take/- s
of Wa ington, residing at c�he-�T��� _ *OTARr
My co ission expires ox -0
David C.Bayley
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MR� COUNT
P of
F G.Rutledge Ma N. ge
STATE OF WASHINGTON)
COUNTY OF.Zn ft,�))
On this day personally appeared before me Fronk G.Ru edge and Marilyn N.
Rutledge to me known to be the individuals described In and who executed the,
within and foregoing h*rument,and ack rowledged that THEY signed the some
as THEIR free and voluntary act and d the uses and purposes therein
mentioned.
GIVEN under my hand and official ay of October,2DO2
0 Y PUBLIC In
of asWngton,reskthp :
My commission expi — _ f MOTAIIr
D ey
�, i •f,20:•01 �.
WAS
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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 larly 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 N In 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 oint 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 nd-cl as defined by Section 1, Chapter 36 of
the Session Laws of 1911,for wned 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 erly right-of-way line of State Route 106.
EXCEPTING from all tf1 o oing right-of-way for State Route 106 and
excepting road -of-
Parcel No. 322 34 00 0.
PARCEL
That po i 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
follows said meander line, making due West, 74 feet; thence South, parallel
with th East line of said Government Lot three (3)to the South line thereof;
East 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
That portion of Government Lot 3 in Section 34,Township 22 North, Range 3
West,W.M., described as follows:
Beginning on the South line of said Government Lot 3 which lies 679 feet West of
the Southeast corner thereof; thence North, parallel with the East line of said
Government Lot 3 to the meander line; thence following said meander line in a
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Westerly direction, making due West 86 feet;thence South, parallel with the East
line of said Government Lot 3 to the South line thereof,thence Easterly along
said South line 86 feet, more or less,to the point of be inning.
O