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HomeMy WebLinkAboutRoad Maintenance Agreement - PLN General - 6/16/1995 ROAD MAINTENANCE AGREEMENT THIS DECLARATION is made this 15th day of June, 1995, by DAVID C. BAYLEY and NANCY R. BAYLEY, husband and wife, hereinafter referred to as BAYLEY, for the purpose of establishing road maintenance .--provisions for a common access road in a duplex development known as Lake Park, located on real estate described as follows: LAND DEFINED PARCEL 2 of Boundary Line Adjustment No. 95-17, recorded February 23, 1995, Auditor's File No. 603533, being a portion of Government Lot two (2) , Section one (1) , Township twenty (20) North, Range four (4) West, W.M. , lying Northerly of the Northerly right-of-way line of Island Lake County Road No. 51200. ROAD DEFINED There is a common 'access road into the Lake Park development with a right-of-way 60 feet in width as shown and described in a proposed short subdivision described on Exhibit A hereto attached. Said ROAD is known as "Beaumont. " This ROAD is in existence and was ''completed May 1, 1995. ! PROVISIONS AND TERMS OF! MAINTENANCE BAYLEY hereby declares that the following terms, conditions, and provisions shall encumber the kfour (4) lots in the proposed subdivision described ! on Exhibit A. All future lot owners understand that by purchasing a Tot within this proposed short subdivision they will automatically become subject to the terms, conditions and provisions of this road maintenance agreement for the access road into Lake Park. 1. DECLARATION OF EASEMENT BAYLEY does hereby declare and establish a perpetual non- exclusive easement for ingress, egress, and drainage over, under and across the ROAD as defined herein. This ROAD shall be for the benefit of each of the lots described within the proposed short subdivision and any future subdivisions thereof, for use in common with all owners of said lots. 2 . MANAGEMENT BAYLEY shall manage the ROAD until BAYLEY decides to relinquish control, to a designate or a management company or homeowner's association, if formed. Management shall include but not be limitedto levying and collecting road assessments from each lot ownor, contracting out and hiring independent contractors to maintain the ROAD and performing any other business decisionsland judgments that BAYLEY or their designee feel is in the best interests of the lots covered by this agreement. It is understood that this is a private ROAD. As a result, the management entity shall not be held responsible for any damages or injuries which result from possible ROAD conditions. However, the management entity shall be required to use its "best efforts" to maintain the ROAD subject to the property owners' limited resources. i 4 3 . ROAD ASSESSMENTS The management entity shall decide the specific assessment each year based on the needed repair and maintenance for that year. Initially, there shall be no annual assessments required. BAYLEY reserves the right to charge an annual assessment if BAYLEY feels there is a need for repair and maintenance of the ROAD. All assessments shall be held in a separate banking ' ' account ' 'and shall be used for road maintenance and improvement only. l If assessments charged and billed 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 date of the envelope which contains said notice) , assessments shall be considered delinquent and shall bear interest at two percent (2%) per month until paid in full . In the event of damage to the ROAD beyond normal wear and tear due to the actions of a specific owner, his tenant or his agents, that owner shall be solely responsible for repairing such damage at his expense as soon as permitted by weather conditions. 4 . LEVEL OF MAINTENANCE The ROAD shall be maintained in an equal to or better condition as it existed May 1, 1995, as an all season gravel road with crushed rock surface. All improvements and maintenance shall be limited to maintaining its initial location and width. It is understood that this is a private road in a rural neighborhood; hard surfacing of the road may occur in the future, at the option of BAYLEY. Maintenance shalllinclude grading, repair of "chuck holes" , tree and brush clearing and adding gravel for surfacing where necessary. A portion of the annual road assessments shall be used to obtain a stock of crushed rock available for road maintenance at all times at a designated location within the Lake Park development. 5. LIENS AND FORECLOSURES In addition to constituting a personal liability of each owner all unpaid road assessments shall give rise to a lien being placed against delinquent owner's respective tract(s) . BAYLEY or the management entity or a homeowner's association, if formed at the time the lien arises, shall have the right to place a lien against the, delinquent owner's tract and may be later foreclosed for the benefit of all owners by said management entity or homeowner's association if formed, in the same manner and procedure as a foreclosure of MECHANICS LIEN set forth in R.C.W. 60. 04 . 120, R.C.W. 60. 04 . 130, the statutes by reference are hereby incorporated herein. As previously stated, all assessments if charged shall be paid annually, if not paid within thirty (30) days after receipt of notice of assessment, a lien shall be recorded against those lots whose owners have not paid. All unpaid assessments shall bear an interest charge of two percent (2%) per month beginning thirty (30) days after receipt of the notice of assessment and continue until said assessment plus accrued interest and recording charge have been paid in full. At the end of six (6) months after date of initial billing, the management entity shall submit to an attorney for foreclosure proceedings a list of those individuals who have not paid. A reasonable attorney's fee shall be payable by the delinquent owner for services of an attorney in connection with enforcing the provisions of this paragraph. 5 6. SUBORDINATION OF ROAD ASSESSMENT LIEN Each road assessment lien shall be subordinate to a lien of any Mortgage or Deed of Trust covering any of the land described herein, provided said security lien is used to purchase said land or the funds from the loan are used to make improvements to said lands. 7 . AMENDMENT This agreement may be amended by a majority vote of the then existing owners, with each owner having one vote for each lot amendments must be in writing owned. All amen g and recorded with the Mason County Auditor' s office. 1 8 . 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, the owners, their heirs, assigns, personal representatives and successors in interest. Accepting an interest in and to any portion of the within described land shall constitute an agreement to be bound by and subject to the provisions of the agreement. Each owner of a portion of the within described land 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. 9 . THIS AGREEMENT shall be binding on the heirs, successors and assigns of the parties hereto. This agreement and all easements resulting out of this agreement shall be appurtenant to and run with the titles to the parties hereto respective lands as set forth herein. i DATED this 15th day of June, 1995. i I /,4- lf�a,6 e DA ID C. BAY—LET NANCY R. BAYLEY STATE OF WASHINGTON ) ss. COUNTY OF MASON ) On this day personally appeared before me David C. Bayley and Nancy R. Bayley 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 act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this /&(I—day of June, 1995. A (FoUSbrJ NOTARV PUBLIC in and for the State of Washington, residing at 5tU`h-7,) My commission expires .3—/9-91 ' N ' =0 �0 eLP � �•� 3 _ 6 _ Q� ,n 0 ba , 4