20100177 Rec Rd & Drain Conv for Safeway 122701urn Address
y of Yelm
hie Carison
Box 479
m, WA 98597
Document title(s) (or transactions contained therein):
1. Road and Drainage Maintenance Covenant for Safeway, Yelm Multi-Family
2.
3.
Reference Number(s) of Documents assigned or released:
(on page of documents{s))
Grantor(s) (Last name, t5rst name, middle initial)
1. Safeway Inc. A Delaware Corporation
2.
3.
Grantee(s) (Last same, first name, middle initial)
1. The Public
2.
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
SE 114 of the NE 1/4 of Section 30, Township 17 N, Range 2 East
Assessor's Property Tax PareeUAccount Number;
22730110400
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Description: Thunston,WA Document-DOCiD 3401954 Page: I of 7 r~ 1 ~' '+'4F
Order: 22936 Com~Bnt: ~~~~+t_) ~ ~' ' ~ ~~
B Y: --------------------
ROAD AND DRAINAGE MAINTENANCE COVENANT
FOR SAFEWAY
THiS COVENANT is recorded in connection with the two lot Binding Site Plan Subdivislon
divis(on of the property described below and the shared use of the existing roadway and
drainage system to serve the parcels described. The purpose of this Covenant shall be to
provide adequate funds for.the repair and maintenance of the road and drainage system
described below for the continued use and benefit of the owners thereof. This Covenant
touches and concerns the land and shall run with the land far as long as the roadway
described below is used to serve one ar more of the lots dascaibed below.
t. Owners.
The term "owner" shall mean any person holding beneficiary interest in a bt
described In paragraph 3 below or any subdivision thereof whether by deed, real esiate
contract or other instrument evidencing the ownership of the lot.
2. ResponsfbliHy of Ownen:.
The owners of each lot or subdivision thereof shall designate a `Responsible
Owner" far purposes of administering the Covenant. The afflrmative vote of 50 percent of the
owners of the lots described herein, or any subdivision thereof, shall be sufflcient to designate
the responsible owner. Until such time as 50% Cf the lots in the subdivision are sold, the
original subdivision owner(s) shall be the responsible owner, after which time the ortginai
owner may call a meeting of the lot owners for the purpose of explaining the duties of the
"responsible owner" Choosing a new "responsible owner' and giving them monies collected to
date together with any bank accounts and bank statements related to this matter.
The 'Yesponsible owner" shall serve for a minimum of one year, after wh1Ch he/she may
call lot awnera together and designate a new "responsible ownee" and assign maintenance
duties, monies and statements over to them at that time.
3, Property served by the Road and Drainage System and SubJect to the
Terms of this Covenant.
NEW PARCEL B
THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 17 NORTH, RANGE 2 EAST,
WILLAMETTE MERIIDAN, THURSTON COUNTY, LYIN{3 50UTHERLY OF SR 80T
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Description: Thuryton~T4A Document-DOCID 3401454 P2gB: 2 of 7
Order: 21436 Comment:
(YELM AVENUE EAST) EXCEPTING THEREFROM THE WEST 150 FEET OF THE
NORTH 125 FEET OF THE SAID SOUTH 386 FEET AND ALSO EXCEPT THE
SOUTH 231.12 FEET AS MEASURED AT RIGHT ANGLES TO THE SOUTH UNE OF
SAID PREMISES AND EXCEPTING THE WEST 30 FEET FOR VANCiL ROAD.
EXCEPT PARCEL A DESCRIBED AS:
BEGINNING AT THE INTERSECTION OF THE SOUTHERN BOUNDARY OF SR 607
(YELM AVENUE EAST) AND THE EAST BOUNDARY OF VANCIL ROAD, THENCE
SOUTH 60°43'10" EAST ALONG THE SOUTHERLY RIGHT-0F-WAY OF SR 507, A
DISTANCE OF 841.80 FEET, TO THE TRUE POINT OF BEGINNING. THENCE
SOUTH 38°38'15" WEST A DISTANCE OF 40.01 FEET, THENCE SOUTH 61°07'04"
EAST FOR DISTANCE OF 82.08 FEET, THENCE SOUTH 01°01'20" WEST A
DISTANCE OF 163.63 FEET, THENCE 50UTH 89°00'17" EAST A DISTANCE OF
118.87 FEET, THENCE NORTH 01°01'20" EAST A DISTANCE OF 110.39 FEET TO
THE SOUTH BOUNDARY OF THE RIGHT-0F-WAY OF SR 507 (YELM AVENUE
EASTj, THENCE NORTH 60°43'10" WEST FOR A DISTANCE OF 182.48 FEET
ALONG THE 50UTH BOUNDARY OF THE RIGHT-0F--WAY OF SR 507 TO THE
POINT OF BEGINNING.
EXCEPT PARCEL C DESCRIBED AS:
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY BOUNDARY OF SR 607
(YELM AVENUE EAST) ANO THE EAST BOUNDARY OF VANClL ROAD; THENCE
SOUTH 50°43'10" EAST ALONG THE SOUTHERLY RIGHT-OF-WAY OF SR 507 A
DISTANCE OF 294.58 FEET; THENCE SOUTH 39°02'54" WEST A DISTANCE OF
105.71 FEET; THENCE NORTH 89°00"12" WEST A DISTANCE OF 151.D8 FEET TO
THE EAST BOUNDARY OF THE 3D FOOT RIGHT-0F--WAY ON VANCIL ROAD;
THENCE NORTH 00°59'53" EAST ALONG THE EAST 30 FOOT RIGHT-OF-WAY OF
VANCIL ROAD A DISTANCE OF 105.87 FEET; THENCE NORTH 89°33'39" WEST A
DISTANCE OF 15 FEET TO THE EAST BOUNDARY OF THE 15 FOOT RIGHT-0F-
WAY ALONG VANCiL ROAD THENCE NORTH 00°59'53" EAST A DISTANCE OF
180.04 FEET ALONG THE EAST BOUNDARY OF THE 15 FOOT RIGHT-0F-WAY TO
THE POINT OF BEGINNING.
NEW PARCEL D:
THE SOUTH 231.12 FEET OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 17
NORTH, RANGE 2 EAST, WILLAMETTE MERIDWN, THUR5TON COUNTY. SAID
DISTANCE MEASURED A7 RIGHT ANGLE TO THE SOUTH LINE OF SAID
PREMISES EXCEPT THE WEST 300 FEET MEASURED AT RIGHT ANGLES TO THE
WEST LINE OF THE SOUTH 136 FEET AND EXCEPTING THE WEST 30 FEET FOR
YANCIL ROAD.
The term "lots` shall also indude each new bt which may be created by the further
division of property described above.
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Description: Thnrston,T9A Document-DocID 3401434 Page; 3 0£ 7
Order: 21436 Comment:
4. Roadway and drainage system to be covered by this Agreement.
That private road and drainage system existing In the easement area shown on the City of
Yeim Binding Site Pian Subdivision Lot Division filed together with this document recorded
under AF# 3~1~2--. , recorcts of Thurston County Auditor, speGfically
the road located between New Parcel B and Parcel D ss described In Paragraph 3 of this
agresmeni.
b. Standards of Maintenance.
Maintenance shall include, but not be limited to, road surfacing, shoulders, cross
walks, gates, signs, storm dre(nage collection and retention facilities, and vegetation control.
The roadway shall ba maintained in a safe condition consistent with fhe City of
Yeim standards for private roads. The "Full' or "Entire' surface of the roadway shall be
maintained so as to allow free and reasonable passage of such vehicular traffic as may be
reasonable and necessary in order that all parties may enjoy full and free use of the parcels of
real properly affected hereby.
All service and repairs to the roadway and storm drainage system shall 6a
performed by licensed and bonded contractors for such work.
6. Maintenance (tams and Proposed Schedule.
A. The storm drainage system relies on percolation into underlying gravel
soils for storm water dispersion. Sea Engineering Plans for details. It is Imperative to provide
regular and preventive maintenance on the road and drainage system to attain operational
longevity as the system was designed and approved by the CIty of Yelm.
B. Cleaning of catch basins at the east and west end of the private road as
required or a minimum of once annually.
C. Inspection of wet vault manhole structures and percolation trench system
annually. Cleaning of the wet vault manhole structures as required or once every three years
minimum.
D. Inspection of roadway for cracks, potholes, settlements, or other defects
as required or once per year minimum. Sealing of roadway cracks, pothole repairs, or other
roadway defects shalt ba repaired or replaced on an as-need basis.
5. OiVpetrolaum removal from wet vaults shall be done on an as-Headed
basis If required from spills or incidents regarding petroleum products. Oil may ba skimmed for
recovery or a licensed pumper truck may ramous oily water as required to dear structures
upstream from retentioNperwlation trenches.
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Description: Thurston,WA Docament-DOCID 3d01454 Paga: 4 of 7
Order: 21436 Comment;
F. Exceptions, The Safeway M1818 roof storm retention trench is within the
roed and drainage easement area but Is to be fully maintained by Safeway, as Parcel "e•
properly owner to the north. The water main and fire hydrants in Bte roadway area, which
benefit both Parcel3 'B' and "D', era to be maintained by the City of Yeim. Any other utility
such as cable TV, telephone, pas, and power shall be maintained separately by the benefiting
property owner and utility company. Any repair work done to a utllfty in the road and drainage
area resulting in damage to any part of the road or dre(nage system shall be repaired
immediately and paid for by damaging party or benefiting property owner of said utility repairs.
7. Funds.
A_ Normai Expenses
L Undeveloped Lots.
The owner of lot not developed by a pertnanant structure shall pay the
minimum sum of $250,00 per year to cover the owner's pro rata share of normal road and
drainage maintenance expenses. Said amount can be adjusted as required to meet pro rata
share of costs.
ii. Developed Lots.
The owner of each bt developed with any permanent structure shall pay
the minimum gum of $1,000.00 per year to cover the owner's pro rata share of normal road
and drainage maintenance expenses.
8. ExtraoMinarv Use and Repairs.
The responsible owner may, at eny time, assess additional charges far
emergency repairs or extraordinary repairs where approval of such charges is made in writing
by the owners of not less than ~C ,_ of the lots described in paragraph 3, If agreement
cannot be reached on the appropriate additonai charge, the responsible owner may obtain
opinion of a licensed professional engineer to ascertain the amount of the extra assessment,
which opinion shall be binding on all parties.
C. Cgyt Sharing.
The cost of maintenance and repair of the Jointly used roadway and
storm drainage system shall be shared equally by all parties and their heirs, executors,
administretors, agents, or assigns who use said facility.
8. Collections and FacpendRures.
The responsible owner shall have the suthorlty to collect funds as provided
herein and to contract for purposes of accomplishing the provisions of this Covenant. In so
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Descziption: Thurston, WA Document-DOCID 3401454 Page: 5 of 7
Order: 21436 Comment:
acting, said owner shall be acting on behalf of all owners for the limited purposes described
herein.
8. Changes.
The owners shall annually review the charges set forth herein and may change
the charges specified herein. An affimtaUve vote of 80 percent of the property owners of the
lots described herein shall be sufficient to affect a change in the rates. Any other changes to
this Covenant shall be approved in wrfting and signed by the owners of record of 66
percent/ 75 percent (check one) of fhe owners of the lots tlescribed herein.
10. Removal or Additions.
A. Removal.
Any lot may be removed from the requirements of this Covenant by
recording a deGaretion that said tot shall not gain any access by reason of the above
described roadway, but not othervrise.
6. Additions.
Property in addition to that described in paragraph 3 and roads in
addition to that described in paragraph 4 may be added to this Covenant by the afprmative
action, in writing of 682/3 percent/ 75 percent (check one) of the owners
of record of the lots described in paragraph 3.
71. Administration.
The responsible owner shall be authorized to span and maintain bank accounts
and engage the services of licensed professionals to assist in the administration of this
Covenant. In the event funds are not paid when due, said owner may maintain an action to
collect the funds and shah be entitled io costs and a reasonable attorney's fee upon recovery.
AI{ costs incurred by the owner Shall be charged io the account described above.
12. Continuing Obligation.
Tha Covenants harem are necessary for the full use end enjoyment of the
property described herein and shall be binding upon ell owners, their heirs, successors or
assigns.
in the event any property changes hands, the new owner shall be responsible
for ail past due charges outstanding against the lot at the time of transfer.
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Description: Thurston, WA Document-DOO1D 3401454 Page: 6 of 7
Order; 21436 Comment:
SIGNED THIS ~ day of-~4~~.. , 20 ~.
(1'o be signed by wners of record of property
described in paragraph 3.)
STATE OF WASHINGTON )
ss.
County ofi~~ )
On this day personally appeared before me ~~-.
to me known to be the Individual de cribed to and who executed the in and foregoing
instrument, and acknowledged that signed the same as tree and
voluntary act and dead, for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this ~ day of~~~ ~, 20d~.
NO R PUBLIC In fo the t of
Wa hington, residing at _
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Print Name ~/ g d~
My Gommission Expires:
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Description: Thurston, AA Document-Daclb 3901954 Page: 7 of 7
Order: 21936 Comment: