2021.0281.SP0006 Grand Star, Inc. - Easement AgreementWHEN RECORDED MAIL TO:
Grand Star, Inc.
706 Yelm Ave E
Yelm, WA 98597
DECLARATION OF EASEMENTS,
COVENANTS, AND RESTRICTIONS
Grantor: GRAND STAR, INC.
Grantee: GRAND STAR, INC.
Abbreviated Legal Description: PARCEL 1 SS-801 AND LOT 1 BLA-
040069Y
Assessor's Property Tax Parcel/Account No.: 22730110201
Reference Numbers of Documents
Assigned or Released:
THIS DECLARATION OF EASEMENTS, CONVENANTS, AND RESTRICTIONS
(“Declaration”) is entered into and effective this 6th day of May, 2021, by Grand Star, Inc., a
Washington corporation (“Owner”).
Recitals
A. Owner is the owner of certain real property commonly known as 706 Yelm Ave,
Yelm, Washington 98597, situated in the City of Yelm, County of Thurston, State of Washington,
as legally described in Exhibit A attached hereto, and as shown on the Site Plan attached hereto
as Exhibit B, both of which are incorporated herein by this reference (“Property”).
B. Owner desires to impose certain easements upon the Property and to establish
certain covenants with respect to the Property for the mutual and reciprocal benefit of Lot A and
Lot B, which are two parcels within the Property, which shall i nure to the benefit of and be binding
upon each of such parcels, and the present and future owners and occupants thereof, upon the terms
and subject to the conditions set forth herein.
Agreement
NOW, THEREFORE, incorporating the recitals, and in consideration of the grants and
covenants contained herein, Owner hereby declares that the Property and all present and future
owners and occupants of the Property (or any portion thereof) shall be and hereby are subject to
the terms, covenants, easements, restrictions, and conditions hereinafter set forth in this
Declaration, so that the Property and its Parcels shall be maintained, kept, sold, and used in full
compliance with and subject to this Declaration and, in connection therewith, the parties hereto on
behalf of themselves and their respective successors and assigns covenant and agreement as
follows:
1. Definitions. For purposes hereof:
(a) The term “Access Driveway” and/or “Access Driveways” shall
mean any and all driveways within the Property as shown on the Site Plan, and shall
include all paving, sidewalks, curbing, adjacent landscaped areas, swales or other
similar adjacent areas, light standards, and Utility Lines within and/or serving such
driveways.
(b) The term “Grantee” shall mean an owner of a Parcel to whom the
easement is granted, it being intended that the grant shall benefit and include not only
such owner but also its successors and assigns as owner of such Parcel (and the Grantee
may permit from time to time its occupants and permittees to use such easements).
(c) The term “Grantor” shall mean an owner of a Parcel granting an
easement, it being intended that the grant shall thereby bind and include not only such
owner but also its successors and assigns as owner of such Parcel (and its occupants
and permittees).
(d) The term “Parcel” and/or “Parcels”, individually and collectively,
shall mean any separate parcel contained within the Property; provided that if any of
the Parcels are subdivided, reconfigured, and/or merged into additional (and/or fewer)
legal lots, then the term “Parcels” shall collectively refer to all such legal lots as the
same are subdivided, reconfigured, and/or merged.
(e) The term “Utility Lines” shall mean all sanitary sewers, storm water,
water, gas, electrical, telephone, and other similar conduits, lines, and public utilities
facilities. “Separate Utility Lines” shall mean Utility Lines which exclusively serve
one (1) Parcel, and “Common Utility Lines” shall mean Utility Lines which serve more
than one (1) Parcel. To the extent that any portions of the storm drainage system are
not public improvements owned by any governing jurisdiction, such remaining
portions shall, for purposes of this Declaration, be deemed to be “Separate Utility
Lines” or “Common Utility Lines” as may be applicable (e.g., if a storm drainage line
is shared in common by more than one (1) Parcel and is not a public improvement
owned by any governing jurisdiction, such shared storm drainage line shall be a
“Common Utility Line”).
2. Grant of Easements. Subject to any express conditions, limitations or reservations
contained herein, Owner hereby grants, establishes, covenants, and agrees that the Property, shall
be benefited and burdened by the following nonexclusive and perpetual easements which are
hereby imposed upon the Property and all present and future owner’s and permittees of the
Property:
(a) Utility Lines. Each Grantor hereby grants to each Grantee a
perpetual non-exclusive easement appurtenant over the Grantor’s Parcel, for the
installation, use, operation, maintenance, repair, replacement, relocation and removal
of Common Utility Lines and Separate Utility Lines serving the Parcel of the Grantee.
All Utility Lines shall be underground, unless otherwise required by the public utility
company and/or governing jurisdiction and the location of all Utility Lines shall be
subject to the approval of the Grantor on whose Parcel such Utility Lines are located.
Upon request by any Grantor, Grantee shall provide to Grantor a copy of an as-built
survey and/or other reasonably satisfactory evidence showing the location of all
Utilities Lines hereafter installed by such Grantee on the Grantor’s Parcel herein.
Except as otherwise provided herein, the Grantee of any easement for
Separate Utility Lines shall be responsible, as between such Grantee and the Grantor,
for the installation, maintenance, repair and removal at such Grantee’s cost of all
Separate Utility Lines installed by the Grantee pursuant to the easement granted herein,
as well as for all Separate Utility Lines installed by the Grantee on its own Parcel. Any
such installation, maintenance, repair, replacement, relocation and removal of Separate
Utility Lines located on any Grantor’s Parcel shall be performed by Grantee only after
not less than thirty (30) days’ prior advance notice to such Grantor of Grantee’s
intention to do such work. However, in the case of an emergency, any such work may
be immediately performed after giving such advance notice to such Grantor as is
practicable under the circumstances. In addition, all such installation, maintenance,
repair, and removal shall be performed in a manner that causes as little disturbance to
such Grantor (and its occupants) as may be practicable under the circumstances and
any and all portions of the surface area of such Grantor’s Parcel which may have been
excavated, damaged or otherwise disturbed as a result of such work shall be restored,
at the sole cost and expense of Grantee, to essentially the same condition as the same
were in prior to the commencement of any such work.
The Grantor of any easement for Separate Utility Lines under this
Section 2(a) may both (i) tie into and use the Utility Lines installed on its Parcel
pursuant to such easement in common with the Grantee of such Utility Lines or (ii)
subject to the approval of Grantee, relocate on its Parcel any Separate Utility Lines or
Common Utility Lines installed thereon by Grantee under any easement granted to such
Grantee herein; provided, however, that with respect to any such work to tie into and
use, and/or relocate, any such Utility Lines, the performance of such work:
(i) may be performed only after Grantor has given Grantee (and/or to
any public utility company or governing jurisdiction, if applicable) not less than thirty
(30) days’ prior written notice of its intention to tie into and/or relocate such facilities,
except in case of emergencies, in which case Grantor shall give Grantee (and/or any
public utility company or governing jurisdiction, if applicable) such advance notice as
is practicable under the circumstances;
(ii) shall not interfere with or diminish the utility services to Grantee
(however, temporary interferences with and diminutions in utility services shall be
permitted if they occur during the non-business hours of the Grantee or its occupants),
and Grantor shall promptly reimburse Grantee for all costs, expenses and losses
incurred by Grantee as a result of such interferences or diminutions, or both;
(iii) shall not reduce or unreasonably impair the usefulness or function
of the Utilities Lines in question;
(iv) shall cause all improvements to be located underground, if
reasonably possible, unless otherwise required by the public utility company and/or
governing jurisdiction;
(v) shall be performed without cost or expense to Grantee;
(vi) shall be performed pursuant to plans approved by both (1) Grantee,
in its reasonable discretion, and (2) Grantor, if Grantor’s consent is required for any
relocation as set forth above, and if required, by the utility company or governmental
or quasi-governmental agency providing such service; and
(vii) shall be performed using materials and design standards which equal
or exceed those originally used.
Upon relocating any Utilities Lines as permitted herein, the Grantor shall
provide to the Grantee (and/or to the public utility company and/or governing
jurisdiction, if applicable) an “as built” survey or other reasonable evidence reflecting
the location of the relocated Utilities Lines. In addition, if any public utility company
and/or governing jurisdiction shall require, with respect to the relocation of any Utility
Lines herein, that an easement or other agreement be executed and recorded to establish
such relocated Utility Lines, then (i) the form of such easement agreement shall be
subject to the approval of each of Grantor and Grantee, and (ii) the cost of negotiating
and recording such easement agreement shall be paid by Grantor.
The easement rights granted herein shall include a right of ingress and egress
for purposes of access to all Utility Lines subject to easement rights granted herein.
Each Grantor shall have the right to use any surface area subject to any easement
granted herein for purposes which do not materially and adversely affect the use by any
Grantee of its easement rights herein.
(b) Ingress and Egress. Each Grantor hereby grants to each Grantee a
non-exclusive, perpetual, easement appurtenant for vehicular and pedestrian access,
ingress and egress over all paved driveways, roadways, and walkways as presently or
hereafter constructed so as to provide for the passage of motor vehicles and pedestrians
between all portions of such Parcel and to and from the Access Driveways.
(c) Parking Easements. Each Grantor hereby grants to each Grantee a
non-exclusive perpetual easement for the parking of vehicles in the parking areas of
Grantor’s Parcel, as such parking areas may be modified or removed from time to time
by Grantor. In no event shall such parking rights be used for overnight parking,
storage, or other parking uses other than temporary parking for the use of Grantee and
its permittees.
(d) Easement for Signs. The owner of Lot A hereby grants to the owner
of Lot B a perpetual and exclusive easement to use, maintain, operate, repair and
replace the existing gas station sign, together with the right to install, use, maintain,
operate, repair and replace any and all Utility Lines serving the same in locations as
determined by Grantor. The rights granted to the owner of Lot B herein shall include
a right of reasonable access over and across all such Parcels for purposes of installing,
using, operating, maintaining, repairing and/or replacing the gas station sign, any sign
panels located thereon, and/or the Utility Lines serving the same.
(e) Easements for Refuse. The owner of Lot B hereby grants to the
owner of Lot A a perpetual and exclusive easement to use the refuse and recycling bins
and facilities of Lot A, and owner of Lot A agrees to pay for half of the costs of
recycling and waste removal. The rights granted to the owner of Lot A herein shall
include a right of reasonable access over and across all such Parcels for purposes of
disposing of refuse and recycling.
(f) Temporary Construction/Maintenance Easements. Each Grantor
hereby grants to each Grantee a temporary easement for access and passage over and
across Grantor’s Parcel as shall be reasonably necessary for the construction,
maintenance, repair and/or replacement of any improvements included within the
easement rights granted under this Declaration; provided that the easement set forth in
this Section 2(e) shall be in effect only during such periods when actual construction
and/or maintenance, repair and/or replacement is being performed. With respect to any
work performed by any Grantee, such Grantee shall promptly after completion of such
work, restore all portions of the Grantor’s Parcel that were affected by the performance
of such work to substantially the same condition that existed prior to the performance
of such work.
3. Reasonable Use of Easements. The easements herein above granted shall be used and
enjoyed by each owner and its permittees in such a manner so as not to unreasonably interfere
with, obstruct or delay the conduct and operations of the business of any other owner or its
permittees at any time conducted on its Parcel, including, without limitation, public access to and
from said business, and the receipt or delivery of services and merchandise in connection
therewith. Except as otherwise set forth in this Declaration, all easement rights shall be exercised
by each owner at its sole cost and expense.
4. Maintenance.
(a) Each Parcel shall be responsible for its pro rata share of all costs and
expenses incurred by the owner of Lot B, and the owner of Lot B shall be responsible
for the following: maintenance, repair and/or replacement of landscaping;
maintenance, repair, and/or replacement of pavement, curbing, traffic island, and other
related improvements; maintenance, repair, and/or replacement of the storm drainage
system; cost of snow and ice removal; cost of personnel and/or contractors engaged to
perform such obligations; cleaning and removal of refuse and debris; costs of
maintaining, repairing, and/or replacing any Utility Lines within and/or serving any of
the Access Driveways and/or offsite improvements; costs of sweeping, striping,
maintaining, repairing, and/or replacing the Access Driveways (collectively, the
“Operating Charges”).
(b) The “pro rata share” of each Parcel of all Operating Charges shall
be based upon the gross land square footage contained within each Parcel as compared
to the total gross acreage contained within all Parcels.
As soon as reasonably practicable after the commencement of each calendar
year, the owner of Lot B shall use good faith efforts to provide to the owner of Lot A
an estimated budget for the anticipated Operating Charges for the current calendar year,
which shall be subject to adjustment from time to time during such calendar year. The
owner of Lot A shall pay to the owner of Lot B, in equal monthly payments, in advance,
its pro rata share of the Operating Charges based upon the amounts set forth in such
budget. Within one hundred twenty (120) days after the end of each calendar year, the
owner of Lot B shall provide to the owner of Lot A statement setting forth the actual
Operating Charges incurred during such previous calendar year, and the share of each
Parcel thereof. If the amount paid by the owner of Lot A for such calendar year shall
exceeded its pro rata share, the owner of Lot B shall refund such excess amount to the
owner of Lot A at the time such statement is delivered; if the amount paid by the owner
of Lot A for such calendar year shall be less than its pro rata share, the owner of Lot A
shall pay the balance of its pro rata share to the owner of Lot B within thirty (30) days
after receipt of such statement.
Within two (2) years after receipt of any statement for any calendar year,
the owner of Lot A (and/or its occupants) shall have the right to review the books and
records pertaining to all Operating Charges for the calendar year covered by such
statement. The party reviewing such books and records shall notify the owner of Lot
B of such proposed review at least twenty (20) days prior to the designated review date.
With respect to any review of the books permitted herein (i) such review shall be
conducted no later than sixty (60) days after delivery of the written notice required
herein, (ii) all information with respect to such review shall be maintained on a
confidential basis, and (iii) all objections, if any, to Operating Charges shall be
delivered in writing and in reasonably sufficient detail, and must be received within
sixty (60) days after the date on which the owner of Lot A is first permitted to review
such books and records, and any such objections not received within such sixty (60)
day period are hereby waived. If the owner of Lot B shall dispute any objections, then
the owner of Lot B shall endeavor in good faith to reconcile such dispute within thirty
(30) days after delivery of the notice disputing any or all such objections, and if the
parties are unable to resolve such dispute, then the parties shall jointly select an
independent accountant, which accountant shall resolve such dispute within thirty (30)
days after its selection, and such decision shall binding upon the parties. The fees of
such accountant shall be paid equally by the parties.
5. Damage. Notwithstanding anything to the contrary, if the exercise of any easement rights
granted to any owner under this Declaration shall result in damage or injury to any Parcel, such
owner shall promptly repair, replace and/or restore any and all damaged or injured improvements
which have been damaged or destroyed in the exercise by such owner (and/or by its occupants or
permittees) of the easement rights granted under this Declaration.
6. No Rights in Public; No Implied Easements. Nothing contained herein shall be construed
as creating any rights in the general public or as dedicating for public use any portion of any Parcel.
No easements shall be implied by this Declaration.
7. Term. The easements, covenants, conditions and restrictions contained in this Declaration
shall be effective commencing on the date of recordation of this Declaration in the Thurston
County Recorder’s Office and shall remain in full force and effect thereafter in perpetuity, unless
this Declaration is modified, amended, canceled or terminated.
8. Attorneys’ Fees. In the event either party institutes any legal action or proceeding for the
enforcement of any right or obligation herein contained, the prevailing party after a final
adjudication shall be entitled to recover its costs and reasonable attorneys’ fees incurred in the
preparation and prosecution of such action or proceeding.
9. Amendment. The parties agree that, except as otherwise expressly set forth in this
Declaration, the provisions of this Declaration may be modified or amended, in whole or in part,
or terminated, only by the written consent of all record owners of the Parcels, evidenced by a
document that has been fully executed and acknowledged by all such record owners and recorded
in the official records of the County Recorder of Thurston County, Washington.
10. No Waiver. No waiver of any default of any obligation by any party hereto shall be implied
from any omission by Owner or any other party to take any action with respect to such default.
11. Covenants to Run with Land. It is intended that each of the easements, covenants,
conditions, restrictions, rights and obligations set forth herein shall run with the land and create
equitable servitudes in favor of the real property benefited thereby, shall bind every person having
any fee, leasehold or other interest therein and shall inure to the benefit of the respective parties
and their successors, assigns, heirs, and personal representatives.
12. Grantee’s Acceptance. The grantee of any Parcel or any portion thereof, by acceptance of
a deed conveying title thereto or the execution of a contract for the purchase thereof, whether from
an original party or from a subsequent owner of such Parcel, shall accept such deed or contract
upon and subject to each and all of the easements, covenants, conditions, restrictions and
obligations contained herein. By such acceptance, any such grantee shall for himself and his
successors, assigns, heirs, and personal representatives, covenant, consent, and agree to and with
the other party, to keep, observe, comply with, and perform the obligations set forth herein with
respect to the property so acquired by such grantee.
13. Separability. Each provision of this Declaration and the application thereof to any Parcel
are hereby declared to be independent of and severable from the remainder of this Declaration. If
any provision contained herein shall be held to be invalid or to be unenforceable or not to run with
the land, such holding shall not affect the validity or enforceability of the remainder of this
Declaration. In the event the validity or enforceability of any provision of this Declaration is held
to be dependent upon the existence of a specific legal description, the parties agree to promptly
cause such legal description to be prepared. Ownership of all Parcels by the same person or entity
shall not terminate this Declaration nor in any manner affect or impair the validity or enforceability
of this Declaration.
14. Entire Agreement. This Declaration contains the complete understanding and Declaration
of the parties hereto with respect to all matters referred to herein, and all prior representations,
negotiations, and understandings are superseded hereby.
15. Governing Law. The laws of the State of Washington shall govern the interpretation,
validity, performance, and enforcement of this Declaration.
16. Estoppel Certificates. Each owner, within twenty (20) day of its receipt of a written request
from the other owner, shall from time to time provide a certificate binding upon such owner stating:
(a) to the best of such owner’s knowledge, whether any party to this Declaration is in default or
violation of this Declaration and if so identifying such default or violation; (b) that this Declaration
is in full force and effect and identifying any amendments to the Declaration as of the date of such
certificate; and (c) such other matters as may be reasonably requested with respect to this
Declaration.
17. Excusable Delays. Whenever performance is required of any party hereunder, such party
shall use all due diligence to perform and take all necessary measures in good faith to perform;
provided, however, that if completion of performance shall be delayed at any time by reason of
acts of God, adverse or inclement weather, war, civil commotion, riots, strikes, picketing or other
labor disputes, unavailability of labor or materials, damage to work in progress by reason of fire
or other casualty, or any cause beyond the reasonable control of an owner and/or any party, then
the time for performance as herein specified shall be appropriately extended by the amount of the
delay actually so caused. The provisions of this section shall not operate to excuse any party from
the prompt payment of any monies required by this Declaration.
18. Mitigation of Damages. In all situations arising out of this Declaration, all owners shall
attempt to avoid and mitigate the damages resulting from the conduct of any other party. Each
owner hereto shall take all reasonable measures to effectuate the provisions of this Declaration.
19. Mortgage Subordination. Any mortgage or deed of trust affecting any portion of any Parcel
shall at all times be subject and subordinate to the terms of this Declaration, and any party
foreclosing any such mortgage or deed of trust, or acquiring title by deed in lieu of foreclosure or
trustee sale, shall acquire title subject to all the terms and conditions of this Declaration.
20. No Merger. Owner hereby declares and acknowledges that no merger is intended, that this
easement and provisions set forth herein shall not be wholly or partially extinguished by the
doctrine of merger, and that this easement shall continue to burden and encumber Lot A and Lot B
after conveyance of either Lot A or Lot B to any third party.
21. Notices. All notices shall be in writing and shall be sent by either personal delivery, a
reputable overnight courier which keeps receipts of delivery (such as UPS or Federal Express), or
through the facilities of the United States Post Office, postage prepaid, certified or registered mail,
return receipt requested. Any such notice shall be effective upon delivery, if delivered by personal
delivery or overnight courier, and seventy-two (72) hours after dispatch, if sent by U.S. mail in
accordance with the above. Notices to the respective parties shall be sent to address of the Lot A
and Lot B.
(signature page follows)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first set forth above.
GRAND STAR, INC.
A Washington corporation
By:
Younghwa Joo
Its Manager
STATE OF WASHINGTON )
) ss.
COUNTY OF THURSTON )
I certify that I know or have satisfactory evidence that Younghwa Joo is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath stated
that he was authorized to execute the instrument and acknowledged it as the President of Grand
Star, Inc. to be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated: , 2021.
Print name:
Notary Public in and for the State of Washington
Residing at
My appointment expires:
EXHIBIT A
Legal Description
Parcel A:
Parcel 1 of Short Subdivision No. SS-8012, recorded June 19, 1984 under Recording No.
8406190071;
Excepting therefrom that portion conveyed to City of Yelm by Deed recorded October 12, 1984
under
Recording No. 9410120048;
In Thurston County, Washington
Parcel B:
Lot 1 of Boundary Line Adjustment No. BLA-040069YL, as described in documents recorded
May 24, 2004 under Recording Nos. 3643615 and 3643616;
In Thurston County, Washington
EXHIBIT B
Site Plan