springwater property et mcloud estates HOAWhen recorded returnto:
James A.Gauthier,JD
22605 97'"Avenue South
Kent,WA 98031-2444
ThurstonCountyTreasurer
RealEstateExciseTaxpaid 0
By 100 M(Deputy
Grantor:Estateof JanetMcCloud,Thurston County ProbateNo.04-4-99942-9 by
James A.Gauthier,JD,Administrator
Grantee:Estateof JanetMcCloud and theheirsthereto
Document:Easement,Road Maintenance and Road ConstructionAgreement
Original Legal:Sec.19,Twp 17,Range 2E,WM,NE Corner of the NW of NW K
EXCEPT N209F of W 209F,ALSO EXCEPT Sl45.50F OF W300F OF
E20F
Tax Parcel#:22719220100 (OriginalParcel)
Lots 1-8 Sub parcelsneed tobe assignedper Testamentary Division
INGRESS,EGRESS AND UTILITY EASEMENT
ROAD MAINTENANCE AGREEMENT
PRIVATE/PUBLIC ROAD PROVISIONS
THIS IS THE LEGAL DESCRIPTION OF THE ROADIUTILITY EASEMENT
WHICH SHALL ATTACH TO LOTS 1-8 OF THE MCCLOUD TESTAMENTARY
DIVISION
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 19,TOWNSHIP 17
NORTH,RANGE 2 EAST OF THE W.M.;THENCE NORTH 89,38'31"WEST
ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER OF THE
NORTHWEST QUARTER,A DISTANCE OF 20.00 FEET TO THE WESTERLY
MARGIN OF CRYSTAL SPRINGS ROAD;THENCE SOUTH 00.36'23"WEST
ALONG SAID WESTERLY MARGIN,A DISTANCE OF 219.74 FEET TO THE
POINT OF BEGINNING;THENCE NORTH 89,23'O4"WEST,A DISTANCE OF
234.42 FEET TO THE BEGINNING OF A CURVE TANGENT TO SAID LINE;
THENCE WESTERLY AND SOUTHWESTERLY A DISTANCE OF 104.16 FEET
ALONG THE CURVE CONCAVE TO THE SOUTH,HAVING A RADIUS OF
138.00 FEET AND A CENTRAL ANGLE OF 43014'47";THENCE SOUTH
47'22'O9"WEST TANGENT TO SAID CURVE,A DISTANCE OF 64.46 FEET TO
THE BEGINNING OF A CURVE TANGENT TO SAID LINE;THENCE
SOUTHWESTERLY AND WESTERLY A DISTANCE OF 8.15 FEET ALONG THE
CURVE CONCAVE TO THE NORTH,HAVING A RADIUS OF 10.00 FEET AND A
CENTRAL ANGLE OF 46'42'30"TO A POINT OF REVERSE CURVATURE;
4028309 Page 1 of 13 4026310 Page 1 of 1308/07/200911:19AM Easement J 08/07/200911:19AM Agreement
||11|1|1|||1|11||10IIIIIIIllllllllllilllllllllllillllllillllllllllllillllllillllllllll|1IllilllIllillllllllHilliIIIIIllllilllialllllllllilillilllllllll|1111|||111||||1|1||11
THENCE WESTERLY A DISTANCE OF 4.27 FEET ALONG THE ARC OF SAID
CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 60.00 FEET AND A
CENTRAL ANGLE OF 4004'38"TO A POINT OF COMPOUND CURVATURE;
THENCE WESTERLY,SOUTHWESTERLY AND SOUTHERLY A DISTANCE OF
94.25 FEET ALONG THE ARC OF SAID CURVE CONCAVE TO THE
SOUTHEAST HAVING A RADIUS OF 60.00 FEET AND A CENTRAL ANGLE OF
90000'00"TO A POINT OF COMPOUND CURVATURE;THENCE SOUTHERLY,
SOUTHEASTERLY AND EASTERLY A DISTANCE OF 94.25 FEET ALONG THE
ARC OF SAID CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF
60.00 FEET AND A CENTRAL ANGLE OF 90000'00"TO A POINT OF
COMPOUND CURVATURE;THENCE EASTERLY,NORTHEASTERLY AND
NORTHERLY A DISTANCE OF 93.56 FEET ALONG THE ARC OF SAID CURVE
CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 60.00 FEET AND A
CENTRAL ANGLE OF 89"20'21"TO A POINT OF REVERSE CURVATURE;
THENCE NORTHERLY AND NORTHEASTERLY A DISTANCE OF 8.15 FEET
ALONG THE ARC OF SAID CURVE CONCAVE TO THE SOUTHEAST HAVING
A RADIUS OF 10.00 FEET AND A CENTRAL ANGLE OF 46.42'30";THENCE
NORTH 47,22'O9"EAST
TANGENT TO SAID CURVE,A DISTANCE OF 64.46 FEET TO THE BEGINNING
OF A CURVE TANGENT TO SAID LINE;THENCE NORTHEASTERLY AND
EASTERLY A DISTANCE OF 46.80 FEET ALONG THE CURVE CONCAVE TO
THE SOUTH,HAVING A RADIUS OF 62.00 FEET AND A CENTRAL ANGLE OF
43.14'47";THENCE SOUTH 89023'04"EAST TANGENT TO SAID CURVE,A
DISTANCE OF 234.43 FEET TO THE WESTERLY MARGIN OF CRYSTAL
SPRINGS ROAD;THENCE NORTH 00.36'23"EAST ALONG SAID WESTERLY
MARGIN,A DISTANCE OF 76.00 FEET TO THE POINT OF BEGINNING.
The foregoing Easement and following Covenants touch,benefit and burden the
following legallydescribed lots 1-8 of the McCloud Testamentary Division:A copy
of the recorded 8 Lot Testamentary Division isattached hereto as ExhibitA,which
by thisreference isincorporated herein as iffullyset forth.
LEGAL DESCRIPTIONS OF LOTS 1-8 OF THE MCCLOUD TESTAMENTARY
DIVISION THAT ARE BENEFITTED AND BURDENED BY THE EASEMENT.
LOT 1
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 19,TOWNSHIP 17
NORTH,RANGE 2 EAST OF THE W.M.;THENCE NORTH 89038'31"WEST
ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER OF THE
NORTHWEST QUARTER,A DISTANCE OF 20.00 FEET TO THE POINT OF
BEGINNING;THENCE CONTINUE NORTH 89"38'31"WEST,A DISTANCE OF
181.78 FEET;THENCE SOUTH 00"36'56"WEST,A DISTANCE OF 256.92
FEET;THENCE SOUTH 89'23'04"EAST,A DISTANCE OF 181.82 FEET TO
THE WESTERLY MARGIN OF CRYSTAL SPRINGS ROAD;THENCE NORTH
4028309 Page 2 of 13
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ThurstonCountyWashington ge/07/200811:1BAM Agreement
ESTATEJANETMCCLOUD ThurstonCountyWashington
IIIIIIIIIIIIIIIllillululllIIIIIIIIIllullIllialliIIIIllilllIIIIIlluIIIIHillifillillMMIMillutillmillinalillinIllelliallmillo
00o36'23"EAST ALONG SAID WESTERLY MARGIN,A DISTANCE OF 257.74
FEET TO THE POINT OF BEGINNING.
LOT 2
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 19,TOWNSHIP 17
NORTH,RANGE 2 EAST OF THE W.M;THENCE NORTH 89038'31"WEST
ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER OF THE
NORTHWEST QUARTER,A DISTANCE OF 201.78 FEET TO THE POINT OF
BEGINNING;THENCE CONTINUE NORTH 89'38'31"WEST,A DISTANCE OF
242.02 FEET;THENCE SOUTH 27'24'40"EAST,A DISTANCE OF 303.11 FEET
TO THE BEGINNING OF A CURVE RADIAL TO SAID LINE;THENCE
NORTHEASTERLY AND EASTERLY A DISTANCE OF 48.92 FEET ALONG THE
CURVE CONCAVE TO THE SOUTH,HAVING A RADIUS OF 100.00 FEET AND
A CENTRAL ANGLE OF 28001'36";THENCE SOUTH 89023'04"EAST
TANGENT TO SAID CURVE,A DISTANCE OF 52.60 FEET;THENCE NORTH
00o36'56"EAST,A DISTANCE OF 256.92 FEET TO THE POINT OF
BEGINNING.
LOT 3
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 19,TOWNSHIP 17
NORTH,RANGE 2 EAST OF THE W.M;THENCE NORTH 89"38'31"WEST
ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER OF THE
NORTHWEST QUARTER,A DISTANCE OF 443.80 FEET TO THE POINT OF
BEGINNING;THENCE CONTINUE NORTH 89*38'31"WEST,A DISTANCE OF
50.21 FEET TO THE NORTHEAST CORNER OF THE WEST 209 FEET OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 19,TOWNSHIP 17 NORTH,RANGE 2
EAST OF THE W.M;THENCE SOUTH 00036'56"WEST ALONG SAID EAST
LINE OF THE WEST 209 FEET,A DISTANCE OF 209.00 FEET TO SOUTH LINE
OF THE NORTH 209 FEET OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 19,
TOWNSHIP 17 NORTH,RANGE 2 EAST OF THE W.M;THENCE NORTH
89"38'31"WEST ALONG SAID SOUTH LINE,A DISTANCE OF 103.29 FEET;
THENCE SOUTH 50042'19"EAST,A DISTANCE OF 243.82 FEET;THENCE
NORTH 47'22'O9"EAST,A DISTANCE OF 115.41 FEET TO THE BEGINNING
OF A CURVE TANGENT TO SAID LINE;THENCE NORTHEASTERLY A
DISTANCE OF 26.56 FEET ALONG THE CURVE CONCAVE TO THE
SOUTHEAST,HAVING A RADIUS OF 100.00 FEET AND A CENTRAL ANGLE
OF 15*13'12";THENCE NORTH 27.24'40"WEST RADIAL TO SAID CURVE,A
DISTANCE OF 303.11 FEET TO THE POINT OF BEGINNING.
4028309 Page 3 of 13 4028310 Page 3 at 13
LOT 4
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTH 209 FEET OF
THE WEST 209 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 19,TOWNSHIP 17
NORTH,RANGE 2 EAST OF THE W.M.;THENCE NORTH 89"38'31"WEST
ALONG THE SOUTH LINE OF SAID NORTH 209 FEET OF THE WEST 209
FEET,A DISTANCE OF 103.29 FEET TO THE POINT OF BEGINNING;THENCE
CONTINUE NORTH 89"38'31"WEST,A DISTANCE OF 105.71 FEET TO THE
WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 19;THENCE
SOUTH 00*36'56"WEST ALONG SAID WEST LINE,A DISTANCE OF 238.15
FEET;THENCE NORTH 74'22'21"EAST,A DISTANCE OF 308.35 FEET;
THENCE NORTH 50042'19"WEST,A DISTANCE OF 243.82 FEET TO THE
POINT OF BEGINNING.
LOT 5
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTH 209 FEET OF
THE WEST 209 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 19,TOWNSHIP 17
NORTH,RANGE 2 EAST OF THE W.M.;THENCE SOUTH 00'36'56"WEST
ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION
19,A DISTANCE OF 238.15 FEET TO THE POINT OF BEGINNING;THENCE
CONTINUE SOUTH 00o36'56"WEST,A DISTANCE OF 213.79 FEET TO THE
SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION
19;THENCE SOUTH 89"38'19"EAST ALONG THE SOUTH LINE OF SAID
NORTHEAST QUARTER,A DISTANCE OF 75.81 FEET;THENCE NORTH
36.55'32"EAST,A DISTANCE OF 371.92 FEET;THENCE SOUTH 74'22'21"
WEST,A DISTANCE OF 308.35 FEET TO THE POINT OF BEGINNING.
LOT 6
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 19,TOWNSHIP 17 NORTH,RANGE 2 EAST OF THE W.M.;
THENCE SOUTH 89038'19"EAST ALONG THE SOUTH LINE OF SAID
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 19,A DISTANCE OF 75.81 FEET TO
THE POINT OF BEGINNING;THENCE CONTINUE SOUTH 89038'19"EAST,A
DISTANCE OF 289.42 FEET;THENCE NORTH 12*26'16"WEST,A DISTANCE
OF 306.34 FEET;THENCE SOUTH 36o55'32"WEST,A DISTANCE OF 371.92
FEET TO THE POINT OF BEGINNING.
Page 4 of 134028309Page4of1344028310asceement08/07/200811:18AM Easement 081877200011:18RM tThurstonCountyWashingtonThurstonCountyIdashingon
LOT 7
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 19,TOWNSHIP 17 NORTH,RANGE 2 EAST OF THE W.M.;
THENCE SOUTH 89"38'19"EAST ALONG THE SOUTH LINE OF SAID
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 19,A DISTANCE OF 365.23 FEET TO
THE POINT OF BEGINNING;THENCE CONTINUE SOUTH 89"38'19"EAST,A
DISTANCE OF 17.88 FEET TO THE SOUTHWEST CORNER OF THE SOUTH
145.5 FEET OF THE WEST 300 FEET OF THE EAST 320 FEET OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 19,TOWNSHIP 17 NORTH,RANGE 2
EAST OF THE W.M.;THENCE NORTH 00"36'23"EAST ALONG THE WEST
LINE OF SAID SOUTH 145.5 FEET OF THE WEST 300 FEET OF THE EAST 320
FEET,A DISTANCE OF 145.50 FEET TO THE NORTH LINE OF SAID SOUTH
145.5 FEET OF THE WEST 300 FEET OF THE EAST 320 FEET;THENCE
SOUTH 89"38'19"EAST ALONG SAID NORTH LINE,A DISTANCE OF 118.82
FEET;THENCE NORTH 00.36'56"EAST,A DISTANCE OF 258.54 FEET;
THENCE NORTH 89"23'O4"WEST,A DISTANCE OF 53.28 FEET TO THE
BEGINNING OF A CURVE TANGENT TO SAID LINE;THENCE WESTERLY
AND SOUTHWESTERLY A DISTANCE OF 75.48 FEET ALONG THE CURVE
CONCAVE TO THE SOUTH,HAVING A RADIUS OF 100.00 FEET AND A
CENTRAL ANGLE OF 43.14'47";THENCE SOUTH 47.22'O9"WEST TANGENT
TO SAID CURVE,A DISTANCE OF 115.41 FEET;THENCE SOUTH 12,26'16"
EAST,A DISTANCE OF 306.34 FEET TO THE POINT OF BEGINNING.
LOT 8
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTH 145.5 FEET
OF THE WEST 300 FEET OF THE EAST 320 FEET OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 19,TOWNSHIP 17 NORTH,RANGE 2 EAST OF THE W.M.;
THENCE SOUTH 89'38'19"EAST ALONG THE NORTH LINE OF SAID SOUTH
145.5 FEET,A DISTANCE OF 118.82 FEET TO THE POINT OF BEGINING;
THENCE NORTH 00o36'56"EAST,A DISTANCE OF 258.54 FEET;THENCE
SOUTH 89023'04"EAST,A DISTANCE OF 181.14 FEET TO THE WESTERLY
MARGIN OF CRYSTAL SPRINGS ROAD;THENCE SOUTH 00.36'23"WEST
ALONG SAID WESTERLY MARGIN,A DISTANCE OF 257.74 FEET TO THE
NORTH LINE OF THE SOUTH 145.5 FEET OF THE WEST 300 FEET OF THE
EAST 320 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 19;THENCE
NORTH 89038'19"WEST ALONG SAID NORTH LINE,A DISTANCE OF 181.19
FEET TO THE POINT OF BEGINNING.
4028309 Page 5 of 13 4028310 Page 5 of 13
Covenants to Run with Land:The following terms,conditions and covenants
shall attach to each of the Lots 1-8 of the McCloud Testamentary Division.Each
individual(s)taking titleto one of the originallots 1-8 of said testamentary division
takes titlesubject to the forgoing easement for utilitiesand road and the
obligations set forthbelow and drawn on ExhibitA hereto..
Construction of Private Road and UtilitiesFollowing Majority Approval:
The roadway covered by this Easement (See ExhibitA)isintended to be a Private
Road and the construction of the Private Road must be to Thurston County/State
of Washington Private Road Standards set out in Title 16 YMC and the Yelm
Development Guidelines for any lotto be developed further.The construction of
the Private Road includes the construction and installationof allavailable utilities,
including,but not limitedto water,sewer,power,cable and gas.The decision to
construct the Private Road and Utilitiesis vested with the fee owners of Lots 1-8
and shallbe determined by a simple majority vote of the Lot owners with 1 vote for
each of the originallots 1-8.Ifan originalLot is short platted,then the individual
Lot owner doing the short plat willhave the single vote for the short platted Lots.
The short platting Lot owner shall be responsible for the one-eighth cost of
constructing the Private Road and Utilities.Each Lot owner,or his or her
successor in interestof Lots 1-8 of the McCloud Testamentary division,of which
the foregoing lots 1-8 are a part thereof,shall be responsible for his/her/theirone-
eighth share of the construction cost of the Private Road and Utilities.Ifany Lot
owner has voted negative and objected to the Private Road and Utility
construction,then the remaining Lot owners,which affirmativelyapproved the
Private Road and Utilityconstruction,may proceed to construct the Private Road
and Utilitiesat theircost.A memorandum outliningthe cost of construction of the
Private Road and Utilitiesshall be prepared and signed by all participatingLot
owners.(See Attachment 1)The Memorandum shall be recorded against the title
of each Lot that did not participate in the construction of the Private Road and
Utilities.
Each non-participating Lot Owner of Lots 1-8 of the McCloud Testamentary
divisionshall pro rata pay to the constructing Lot Owner(s)his/herltheirone-eighth
(1/8th)share of the construction cost before any construction permits are applied
for or issued through the City of Yelm or Thurston County.This late comer
provision is a material part of the ownership and development rightsfor each lotof
the McCloud Testamentary division and payment of a lot owner's share of the
Private Road and Utilitiesisexpressly made a condition precedent to the issuance
of any development permits on any lotowned by a non-participatingLot Owner or
his/her/theirsuccessor in interest.All accumulated interestshall be payable to the
Lot owners that incurred the construction expense.
Construction of Private Road and UtilitiesWithout MajoritY Approval:
ifthe construction of the Private Road and Utilitiesis voted negative by a simple
4028309 Page 6 of 13 4028310 Page 6 of 13
08/07/200811:1BAM Easement 08107/200811:19AM A9reement
ThurstonCountyWashington ThurstonCountyWashington
ESTATEJANETMCCLOUD ESTATEJANETMCCLOUD
IlilllllllllllllillllilllllllllllltilllllillllllllllillillilllllllllHilllllillllllllllll111lilliulllll|11Millitillllilllllillillllillil\lillilllllllillilllittilllllli
majority of Lot owners 1-8,then any single lotowner(s)desiring to construct the
Private Road in order to further develop his or her lot(s),shall be entitled to
proceed with the construction of the Private Road and Utilitieswithout further
approval of the non-approving lotowners.At the conclusion of the construction of
the Private Road and Utilities,a memorandum outliningthe cost of construction of
the Private Road and Utilitiesshall be prepared and signed by allparticipatingLot
owners.(See Exhibit 2)The Memorandum shall be recorded against the titleof
each Lot that did not participate in the construction of the Private Road and
Utilities.The cost shall accumulate interestthereon at five (5%)per annum and
shall be due and payable ifand when the non-participatingLot owner seeks to use
the benefits of the Private Road and Utilities.All interest is payable to the Lot
owners that incurred the construction expenses.
Each non-participating Lot Owner of Lots 1-8 of the McCloud Testamentary
divisionshall pro rata pay to the constructing Lot Owner(s)his/her/theirone-eighth
(1/8th)share of the construction cost before any construction permits are applied
for or issued through the City of Yelm or Thurston County.This late comer
provision is a material part of the ownership and development rightsfor each lotof
the McCloud Testamentary division and payment of a lot owner's share of the
Private Road and Utilitiesisexpressly made a condition precedent to the issuance
of any development permits on any lotowned by a non-participatingLot Owner or
his/her/theirsuccessor in interest.
Majority Approval to Convert Private Road to Public Road:
In the event that the Lot owners of Lots 1-8 (includes additional Lot owners from
furthersubdivision of originallots 1-8)decide by simple majority vote to construct
and dedicate the Private Road as a Public Road to the City of Yelm,State of
Washington,then each lot owner agrees in advance to execute the dedication
papers to convert the Private Road to a Public Road without protest,even ifthe
Lot owner originallyvoted against the Public Road dedication.Alldisapproving Lot
owners shall be deemed to have waived the need to sign off or to furtherapprove
the conversion to public road dedication.The City of Yelm shall be entitledto rely
on thiswaiver provision that is knowingly made by each Lot owner who accepted
titleout of the Estate of Janet McCloud.The cost to construct or convert the
Private Road (includingutilities)to a Public Road shallbe paid by allthe owners of
Lots 1-8,or into as many equal shares as there are originalLots 1-8 and further
subdivided lots.Ifany lot owner failsor refuses to make his or her pro rata
payment,then the remaining paying Lot owners shall be entitledto pay that Lot
owner's pro rata share and thereafter,the paying Lot owner shallhave alien upon
the non-paying lotowner's Lot to include interestthereon at twelve (12%)per cent
per annum untilpaid.The lienwillbe due and payable on the sale,transfer,or gift
of the liened lot,or twelve (12)months from the date of the lien.The lienshall be
treated under 60.04 RCW as a construction lienand may be foreclosed upon after
12 months.The lienshallnot expire by time.
4028309 Page 7 of 13 028310 Page 7 at 13
08/07/20091119 AM Easement 7 4 :18an areement
ThurstonCountyWashington 09107/200811 to
ESTATEJANETMCCLOUD ThurstonCountyWashinen
IllelullinualliallinIIIIIIllinimilillulullIIIIllmlIlli MiliallikillinanulinanIIIIIIlless
No Majority Approval to Convert Private Road to Public Road:
Ifa simple majority approval of Lot owners 1-8 is not achieved through vote,and
any single lotowner(s)wants to proceed to construct the Public Road in order to
further develop his or her lot,then that lotowner(s)shall be entitledto proceed
with the construction of the Public Road and Utilitieswithout furtherapproval of the
non-approving lotowners.At the conclusion of the construction of the Public Road
and Utilities,and accepted dedication to the City of Yelm and/or State of
Washington,a memorandum outliningthe cost of construction of the Public Road
and Utilitiesshall be prepared and signed by allparticipatingLot owners.(See
Attachment 1)The Memorandum shall be recorded against the titleof each Lot
that did not participatein the construction of the Public Road and Utilities.The
cost shall accumulate interestthereon at five (5%)per annum and shall be due
and payable ifand when the non-participatingLot owner seeks to use the benefits
of the Private Road and Utilities,or shall be due on the gift,sale or transfer of
ownership of the subject Lot.Interestis payable to the Lot owners that incurred
the construction expenses.This late comer provision is a material part of the
ownership and development rights for each lot of the McCloud Testamentary
division and payment of a lot owner's share of the road construction cost is
expressly made a condition precedent to the issuance of any development
permits.
Road Maintenance Obligations:Each owner of Lots 1-8 of the McCloud
Testamentary division (See ExhibitA),his/her/theirsuccessor in interest,including
further subdivisions of the original8 Iots,shall be responsible for the payment of
one-eighth,or other fractionalinterestbased upon the number of actual legal lots,
for the cost of private road maintenance.Any Lot owner who does not pay
his/her/theirfractionalshare when due shall have caused upon his/her/theirLot a
lien for the fractionalshare of the maintenance cost,together with any attorney
fees incurred by the paying lotowners and interestthereon at 12%per annum until
paid.Provided,however,allroad maintenance shall be discussed in advance of
actual work by the owners of Lots 1-8 of the McCloud Testamentary Division,
including further subdivided lots.The owners proposing maintenance shallobtain
a minimum of three (3)bids for the work to be performed.The simple majority
decision of the owners of Lots 1-8 shall be binding upon all lot owners.The
decision on what maintenance shall be scheduled shallbe approved by the simple
majority of alllotowners and shall be in writing and signed by all approving lot
owners.All maintenance cost shall be paid in advance of the work being
performed whenever possible,but the failureto collect payment in advance does
not discharge any obligation of any lot owner to pay his /her/theirshare of any
road maintenance.Payment of Road Maintenance cost is mandatory for each Lot
owner.Any Lot owner making payment of a non-paying Lot owner's obligation,
following the expiration of thirty(30)days written notice to pay mailed to the "non-
paying"Lot owner by certifiedmail,return receipt requested,shall thereafter have
of lien upon the non-paying Lot Owner's Lot which may be foreclosed like a
IllullulullinistillialillinlinalillullialluIIIIIIllinIIIIIlillimilmiMilusillinalluIIIIIlillitulIIIIIllulInlIIIIIIIIlli
contractor's lien under 60.04 RCW.Attorney fees shall be available to a Lot
owner that isrequired to foreclose upon such payment.No foreciosure shalltake
place untilthe lienholder gives the non-paying Lot owner 30 days in which to pay
the principaland accrued interestin full.
Covenants in Perpetuity and Run with the Land:These Road covenants,road
maintenance obligations and the easement shall run with the land and exist in
perpetuity.The layout of the McCloud Testamentary divisionisattached hereto as
Attachment 2 and sets forth the road design and lot layout for the McCloud
Testamentary Division The covenants shall equally apply to the owners of any lot
that is further subdivided into smaller lots.The cost mentioned for maintenance
shall be allocated to alllotowners,including further subdivided lotowners of any
original Lot.For example,Lot 1 is subdivided into 4 smaller lots.The
maintenance of the private roadway shall then be divided amongst all 11 lot
owners and not just the original8 owners.Each lotowner shall have one vote per
lotowned.The fractionalinterestshall be based on totallotsexisting at the time
the decision isto be made.
Miscellaneous:These covenants shall be liberallyconstrued and shall run with
the land and bind all original lot owners and their successors and further
subdivisions in interest.These covenants shall be interpreted to give effect to
equal sharing of maintenance and construction cost to every lot owner in the
McCloud Testamentary Division.(See Exhibit A)This document,and the
obligations herein,shall be governed by the laws of the state of Washington with
venue inthe Superior Court of Thurston County,Washington.
Homeowner or Road Maintenance Association:Itshall be the responsibilityof
the Lot Owners of Lots 1-8 to form a Homeowner's Association or Road
Maintenance Association to manage the private roadway and maintenance
thereto.The failure to form a homeowner's association or Road Maintenance
Association shall not excuse the obligations of each lotowner under these terms,
covenants and conditions.
Dated:July 31,2008
Jame .Gaut r,minis ator
Esta ofJanet cClou
Pier ause No.04-4-00042-9
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STATE OF WASHINGTON )
)ss.
COUNTY OF KING )
On this day ofWy,2008 personally appeared James A.Gauthier,to
be known to be the duly appointed and acting Administrator for the Estate of Janet
McCloud,Pierce County Cause No.04-4-00042-9 and acknowledged to me that
he was signing the foregoing document for the use and benefit of the Estate of
Janet McCloud and the heirs thereto and that he did so sign as his free and
voluntary act and deed for the uses and benefits thereto.
----1 PrintName:#.-9
$
oes 1 NOTARY PUBLIC in/d for the state
Of Washington residing at Sq LA .
My Commission Expires 11007
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EXHIBIT 1
McCLOUD TESTAMENTARY DIVISION PLAT DRAWING
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EXHIBIT 2
NOTICE CONCERNING COST OF CONSTRUCTION
OF
ROAD AND UTILTIES
Please take notice that a Lot Owner's lien for the pro rata cost of
constructing the Private or Public Road and Utilitiesfor Lots 1-8 of the McCloud
Testamentary Division,including further subdivision of the original 8 Lots,is
claimed against Lot thereof and legallydescribed on Exhibit A hereto,
which by thisreference isincorporated herein as iffullyset forth.
This lien is in the amount of $and the lien has been
incurred for one or more of the following:
1 ]Non-payment of initialRoad and Utilitycost.
[]Non-payment of road maintenance cost
[]Non-payment of road conversion cost from privateto public road
This lien bears interestat %per annum and shall continue to
bear interestuntilpaid.
The Lot Owner whose property isliened herein shall not be eligibleto apply
for a building or other development permit,short plat or similar property division,
untiland unless this lienissatisfiedin full.In addition,the liened Lot Owner shall
not transfer titleby gift,trade or sale without firstpaying this lien in full.Payment
of this lien,including accumulated interest,shall be paid to:
This lien rnay be foreclosed in the manner of a construction lien under
60.04 RCW.Provided,no foreclosure shall proceed untilthe Lot Owner isgiven a
minimum of thirty(30)days in which to pay this lien off in full.Ifforeclosure is
required,the prevailingparty isentitledto recover a reasonable attorney's fee and
cost of suit.
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This Notice may be signed and recorded by any two Lot Owners
representing the interestof all paying Lot Owners.The City of Yelm,Thurston
County and the State of Washington shall not issue any permits untilthis late
comer's payment isreceived infull.
Dated this day of ,200
State of Washington )
)ss.
County of Thurston )
On this day of ,200 ,personally appeared before
me,a Notary Public,and
,to me known by representation of authority,to be a person
authorized to execute this Notice and acknowledged to me that he/she did so as
his or her free and voluntary act and deed for the uses and purposes therein
mentioned.
PrintName:
NOTARY PUBLIC in and forthe state of
Washington residing at
My commission expires:
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