parking Covenants 8-30-02After Recording Return To:
Five Corners, L.L.C.
518 Flora Vista Road NE
Olympia, WA 98506
Abbreviated legal description: R2E, T17N, S29
Tax Parcel nos. 64303400502, 64303400503, 64303400504, 64303400505, 64303400506
AGREEMENT CONTAINING COVENANTS
AND RESTRICTIONS AFFECTING LAND
This Agreement (“Agreement”) is made and entered into this ______ day of __________________, 2002 by and between RIDGE DEVELOPMENT, L.L.C. (“Ridge”) and FIVE CORNERS, L.L.C. (“Five
Corners”).
RECITALS
1. Ridge is the owner of the real property located in Thurston County, Washington more fully described as Lot 1 of Short Subdivision No. SS-8167 (“Lot 1”), as recorded under
recording No. 3041301, situate in the City of Yelm, Thurston County, State of Washington. The property area is 33565 square feet. The current use of the property by Ridge is a legal
use known as Rainier Commons Chevron.
2. Five Corners is the owner of the real property located in Thurston County, Washington more fully described as Lot 2 (“Lot 2”) and Lots 3, 4 and 5 of Short Subdivision No.
SS-8167, as recorded under recording No. 3041301, situate in the City of Yelm, Thurston County, State of Washington. The property area is 113897 square feet. The property is currently
vacant, except for subdivision improvements, i.e. streets, sidewalks, utilities, storm water retention pond. Five Corners intends to re-subdivide lots 3,4 and 5 of its property into
two (2) lots (“Parcel A” and “Parcel B”, respectively) and a tract for storm water treatment and retention (“Parcel C”).
3. The parties intend to provide for unrestricted vehicle and pedestrian circulation over certain driveways and sidewalks of the above-described properties (the “Properties”)
and for shared vehicle parking and utility service(s) among certain uses on the Properties. Further, the parties intend that all of the Properties, including all future subdivisions
thereof, shall be held, sold and conveyed subject to the covenants and restrictions created herein.
TERMS OF AGREEMENT
In consideration of the mutual covenants, conditions and restrictions contained herein, the parties agree as follows:
1. Each party to this Agreement grants to the other party an easement for access, parking and utilities over and under all sidewalk, driveway and parking areas of Lot 1 and
Lot 2 for the exclusive use of Lot 1 and Lot 2.
2. Five Corners reserves an easement for access, parking and utilities over and under all sidewalk, driveway and parking areas of Parcel A and Parcel B for the use of Parcel
A and Parcel B.
3. Five Corners grants an easement for access and utilities over and under all landscape, sidewalk, driveway and parking areas of Parcel A and Parcel B to the City of Yelm.
4. Each party agrees to share in the maintenance cost of Parcel C in proportion to its property area. The cost of maintaining shared water and storm drainage systems on Lot
1 and Lot 2 shall be shared equally by the respective owners. The cost of maintaining shared water and storm drainage systems on Parcel A and Parcel B shall be shared equally by the
respective owners.
5. Any party to this Agreement shall have the right to enforce it by any proceeding at law or in equity, and in any such proceeding the prevailing party, as determined by the court,
shall be entitled to an award of its reasonable attorneys’ fees and costs of suit. Failure by any Party to enforce its rights under this Agreement shall in no event be deemed a waiver
of the right to enforce those rights at any time thereafter.
6. This Agreement shall attach to and run with the Properties and shall bind and inure to the benefit of the present and future owners of the Properties, their respective heirs, representatives,
tenants, successors and assigns. All persons acquiring an interest in the properties after the recording of this Agreement shall acquire their interest subject to terms of this Agreement.
7. This Agreement may be terminated, or amended and modified from time to time, by a written instrument executed and recorded by the owners of seventy-five percent (75%) of the Properties
subject to the terms of this Agreement at the time of the recording of the instrument.
IN WITNESS WHEREOF, the parties have executed this Agreement this ________ day of ________________________, 200__.
RIDGE DEVELOPMENT, L.L.C.,
By__________________________________
George L. Berry
Its Managing Member
FIVE CORNERS, L.L.C.
By ___________________________________
Rick Lawrence
Its Managing Member
STATE OF WASHINGTON )
) ss.
County of )
On this day personally appeared before me GEORGE BERRY to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed
said instrument as his free and voluntary act and deed, for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this _____ day of _________________, 200__.
For recording in the state of Washington, the Notary Seal must be fully legible and cannot intrude into document margins. Please affix seal in the space provided.
[Print Name]
NOTARY PUBLIC in and for the State of Washington, residing at
My Commission expires:
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STATE OF WASHINGTON )
) ss.
County of )
On this day personally appeared before me RICK LAWRENCE, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that HE
signed said instrument as HIS free and voluntary act and deed, for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this _____ day of _________________, 200__.
For recording in the state of Washington, the Notary Seal must be fully legible and cannot intrude into document margins. Please affix seal in the space provided.
[Print Name]
NOTARY PUBLIC in and for the State of Washington, residing at
My Commission expires:
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[ ]
[ ]
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STATE OF WASHINGTON )
) ss.
County of )