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Home My WebLink AboutAFN1912332 Joint Use Over Water Structure Agreement - BLD Letters / Memos - 1/2/2008 i 1912332 MASON CO WA After recording return to: STEVVE/BUZZZARD #15439aGR Rec�Fee: $47.00 Pages: 6 _ ,Syct�e �� I IIli�l IIIIII III t�Illgfl IIIIII III�I IIIII IIIIIII ql qIA Iqq�i IIII 6" govj3� AGREEMENT REGARDING JOINT USE OVER WATER STRUCTURE This Agreement regarding a recreational joint-use pier,ramp and float facility and access to and from the same and is made as of the date shown above between Eric Conrad (hereinafter referred to as the owner of tract 12), the owner of the property commonly known as 9331 Lynch Road, S.E., Shelton,WA,tax account parcel no.22028- 50-00012 more particularly described in Exhibit "A" attached hereto and Steve Buzzard (hereinafter referred to as the owner of Blk: 23 Lot: 2), commonly known as 9333 Lynch Road, S.E., Shelton, WA, tax account parcel no. 2202523002, more particularly described in Exhibit "B" attached hereto, Tract 12 and Blk: 23 Lot: 2 are shown on the attached plat map,Exhibit"C"attached hereto. Whereas, the owner of tract 12 and Blk: 23 Lot:2 have commenced with plans for the construction of a "recreational joint-use pier with ramp and float facility" to be located on tract 12. Whereas,the owners wish to enter into an agreement to provide for the construction, use, access, maintenance, costs and such other matters concerning the recreational joint- use pier with ramp and float facility. 1. Joint Use Restriction. The owners of tract 12 and Blk: 23 Lot: 2 (hereinafter referred to as the Joint Use Owners) agree that the recreational joint-use pier with ramp and float facility described herein is a "Joint-Use Private Dock" as defined in Mason County Code 7.08.010, The Joint Use Owners agree that no additional recreational joint-use pier with ramp and float facility shall be constructed. 2. Costs. All costs of maintenance, repair, upkeep, improvements, etc. of whatever nature, shall be born equally by the Joint Use Owners (50% by the owner(s) of tract 12 and 50% by the owner(s) of Bk: 23 Lot: 2,jointly and severally). In the event the Joint Use Owners cannot agree as to an action to be taken or not taken under'this subsection, the Joint Use Owners agree to voluntarily submit to mediation first, and then binding arbitration if mediation is not successful. Joint Use Owner shall have a right of reimbursement against other joint Use Owners for the other Joint Use Owners' proportionate share of cost for emergency action taken to preserve the recreational joint-use pier with ramp and float facility. 3. Decision Making Authority. Decisions shall be made by a majority vote of Owners of the recreational joint-use pier with ramp and float facility. Each lot shall constitute one vote, regardless of the number of owners of said lots. Any disputes arising out of this subsection shall be submitted to mediation first, and then binding arbitration if mediation is not successful. 4. Joint Use Construction. The Joint Use Owners acknowledge, understand and agree to recognize the requirements for construction, use and mitigation associated with the recreational joint-use pier with ramp and float facility described herein and located on tract 12. 5. Access Rights. The current owner of tract 12 hereby conveys and warrants to the owner'of Blk: 23 Lot: 2 an easement across tract 12 for ingress and egress to and from the recreational joint-use pier with ramp and float facility. Each party hereto acknowledges and agrees to work together to provide reasonable electricity and water to the recreational joint-use pier with ramp and float facility. 6. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the current and firture Joint Use Owners, their heirs, successors and assigns of the affected parcels, and all covenants, easements and restrictions contained herein shall run with the land. Attachments Exhibit A: Legal Description of tract 12 Exhibit B: Legal Description of Blk:23 Lot: 2 Exhibit C: Mp of tract 12 and Blk: 23 Lot:2 Dated t i ay of 2008. ERIt tONRAD Owner of tract 12 Dated this day o ��'�1 2008. XA,111 STEVEN BU Owner of Blk:23 Lot: STATE OF WASHINGTON ) )ss. COUNTY OF LEWIS ) On this day personally appeared before me ERIC CONRAD, to nvA,known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his voluntary act and deed, for the uses and purposes therein mentioned. nMl— o Public in and for the State of Waslan$ton, Resi ing at s Commission expires _ Printed Name Z-F-I yyLit_� , �jx yy►yy STATE OF WASHINGTON ) ss. COUNTY OF LEWIS ) On this day peronsall appeared before me STEVE BUZZARD, to nr&- nown to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his voluntary act and deed, for the uses and purposes therein mentioned. L- :t±A yn 6 tary Public in and for the State of Washington, esiding at � �"- -s�_,[S My Commission expires Printed Name —b�Gt L. H:U wly- P i EXHIBIT A 0A) Will MIA]. n 1 A]. of rna Parcel number: 220285000012VR SndiJl' Owner Information �a.aircr CONRAD,ERIC J&SALLY J 1219 W ROANOKE STCENTRALIA WA 98531-2025 Records Taxpayer Information 1219 W ROANOKE ST CONRAD, ERIC J&SALLY J CENTRALIA WA 98531-2025 'arcel Value Legal Description ;ite Built [iuihlin-Us ARKADA,TOWN OF TR 12 TAX 639 AA PCL 3 OF BLA 99-20 II-1 and P'n-som;tl Site Address aprrt: 9331 SE LYNCH RD SHELTON Revai Area 4 Field Sheet '' FS 14120:32 Land Use 3 BEDROOM Land Size*0.00 LOW BANK SW FRONTAGE +n+lile t.Summar� ien•ot'all items) Tax Code 155 Tax Code Description .' 1 309 S P3 F4 L H Census Tract Click Here- if the value is.00(zero)then the property is most likely in a plat and acreage is not usually carried on platted lots i last Updated: 12/6/2006 Information may be inaccurate and outdated. Please refer to the Assessor/Treasurer Offices to verify any information Assessor Home Treasurer Kane Search our Site Disclaimer Directon z LXHIBIT 8 7 R;i r< _ PA •i, ssor Parcel number: 220285023002 re Owner Information ;ur�r BUZZARD, STEVEN&JOAN 314 HARRISON AVE Records CENTRALIA WA 98531-1326 Taxpayer Information Sr;u�t BUZZARD, STEVEN &JOAN 314 HARRISON AVE , `i Dcic"' CENTRALIA WA 98531-1326 cI Valu` Legal Description BL'ilt ARKADA, TOWN OF BLK: 23 LOT: 2 &TAX 639-S&VAC ALLEY&SKOOKUM anLI Personal ST ADJ PCL 2 BLA#99-20 rt} Site Address Ink) 9333 SE LYNCH RD SHELTON Reval Area '' 4 Field Sheet • FS 14120:30 ,its Land-Size* 0.00 Land Use CABIN ON SW le(Summary FR LOW BANK of all items) Tax Code :• 155 Tax Code Description 1 309 S P3 F4 L H Census Tract Clicic Here if the value is.00(zero)then the property is most likely in a plat and acreage is not usually carried on platted lots Last Updated: 12161200E Information may be inaccurate and outdated. Please refer to the Assessor i Treasurer Offices to verify any information lessor Home Treasurer Home Search our Site Disclaimer Directors i 1 I � v i Az Or VA '°ems 9 - S i�'.�'it1ra I*A Tax .LB4 a-i s,Q V' 1! _ �Z �•� 7Y LAG u-i b 7X- - - t 3q-Y - � _ x. 'ma's •rx 63��_ '•b f Y . b TX 639-Q t to 7 Ty I it