ORD 84-04 PARFITT SUBSTANTIAL DEVELOPMENT PERMITWDT: j t
3/30/84
ORDINANCE NO. 84-04
AN ORDINANCE OF THE CITY OF WINSLOW, WASHING-
TON, REQUIRING CERTAIN PROPERTY LOCATED IN THE
CITY OF WINSLOW AND COMMONLY KNOWN AS 175
PARFITT WAY SOUTHWEST TO ALLOW A PLANNED UNIT
DEVELOPMENT; APPROVING A SUBSTANTIAL
DEVELOPMENT PERMIT FOR PROPERTY
WHEREAS, an application was filed with the City of
Winslow for requiring certain property to allow a planned unit
development and for approval of a shoreline substantial
development permit for nine condominiums located at 175
Parfitt Way, and
WHEREAS, the Planning Agency reviewed the drawings and
other documents submitted by the proponents on October 27 and
November 10, 1983 and
WHEREAS, the Planning Agency unanimously voted to
recommend approval of the applications, and
WHEREAS, the Hearing Examiner held a consolidated
hearing on January 9, 1984 to consider the applications and at
the conclusion of said hearing entered findings of fact,
conclusions of law and recommendations, and
WHEREAS, the City Council reviewed the recommendations
of the Planning Agency and Hearing Examiner and has determined
to approve the applications, and
WHEREAS, the City Council finds that the applications
meet the criteria set forth in Section 3.8 of Ordinance 79-15
for planned unit developments and further finds that the
application meets the criteria and policies set forth in
Ordinance 81-12 relating to substantial development permits,
now, therefore,
THE CITY COUNCIL OF THE CITY OF WINSLOW, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. The application for a rezone of property
set forth on Exhibit "A", attached hereto and incorporated by
this reference as if set forth in full, from commercial to PUD
is approved, subject to the application plans set forth in
City File No. X-lA-84.
Section 2. That the application for a shoreline
management substantial development permit, City File
No. X-1-84 is hereby approved subject to the limitations and
conditions set forth in the application, plans and the
recommendations of the Planning Agency and Hearing Examiner.
Section 3. The Land Use Administrator is hereby
authorized and directed to effectuate the necessary changes to
the official zoning map as required by this ordinance. The
Land Use Administrator shall also file a certified copy of
this ordinance with the Kitsap County Planning Department.
Section 4. This ordinance shall be in full force and
effect five (5) days after passage and publication by posting
as provided by law.
ATTEST/AUTHENTICATED:
C~Y ~L~K~, DONNA JEAN BUXTON
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
FILED WIT~bTHE CITY CLERK:
PASSED BY THE CITY COUNCIL:
POSTED: June 8, 1984
EFFECTIVE DATE: June 13, 1984
ORDINANCE NO. 8~-04
APPROVE D:
MAYOR, ALICE B. TAWRESEY/'/
March 30, 1984
March 15, 1984
The attachments (Exhibit 1, Etc.) were received in the
Clerk's Office May 15, 1984, therefore the Ordinance was signed
and Posted June 8, 1984.
- 2 -
TICOR TITI. E INC URANC
CERTIFICATE OF OWNERSHIP
J-97714
R. Kent Miller
P.O. Box 10159
Winslow, Wa 98110
MAY :tS 1984
CIT~ I~ W"INSLOW
Date: December 14, 1983 at 8:00 a.m.
This is a reporte as of the date mentioned above, showing the record
title is vested in: See Exhibit "C"
Covering the following property: See Exhibit "A"
SUBJECT TO:
1. Lien of real estate excise sales tax upon any sale of said premises,
if unpaid.
We note for your information that said premises is within the incorp-
orated City of Winslow. We suggest you check with the Kitsap County
Treasurer's office for the full amount of excise tax due upon the
closing of this transaction.
o
Local improvement assessments, if any levied by the Town of Winslow.
Unrecorded Leaseholds, if any, and the terms and conditions thereof.
Liability for assessments levied by the Winslow Wharf Condominium
Association which attaches to said premises if unpaid.
Affects Parcel F.
5. The land described is a portion of City of Winslow short plats. Said
land may not be subdivided in any manner within five years without filing
of a final plat.
6. Possible lien of personal property tax which is due and payable upon
any sale of said premises.
7. Liability for matters filed with the clerk of Kitsap County between
December 7, 1983 and December 14, 1983, which are unavailable at this
time. Upon receipt in this office of such matters, we shall supplement
this commitment accordingly.
8. No search has been made as to leasehold interests.
See Exhibit "B" for remainder of exceptions
This report is restricted to the use of the addressee, and is not to be
used as a basis for closing any transaction affecting title to said
property. Liability of the company is limited to the compensation
received therefor.
-Continued-
Ticor Title Insurance Company P.O. Box 590 706 Pacific Avenue Bremerton, Washington 98310 206 377 377!
J-97714
Certificate of Ownership
Page 2
NOTE: No search of general taxes or assessments has been made.
Charge: $200.00
Tax : 15.60
DN/cp
AUTHORIZED SIGNATORY
TICOR TITLE INSURANCE
COMPANY OF CALIFORNIA
J-97714
EXHIBIT "A"
PARCEL A
That portion of government lot 4, section 27, township 25 north, range
2 east, W.M., in Kitsap County, Washington, described as follows:
Commencing at a concrete monument on the easterly limits of said
government lot 4, from which the northeast corner of said government
lot 4, bears north 0004'55'' east a distance of 936.16 feet; thence
north 0°04'55'' east, along said easterly limits, a distance of 44.57
feet; thence north 89055'05'' west 20.00 feet to the true point of
beginning (Said point also being the southwest corner of intersection
of the southerly margin of County Road No. 242, with the westerly
margin of County Road No. 259); thence south 0004'55'' west, along said
westerly margin, a distance of 84.51 feet to the southerly margin of
County Road No. 259; thence south 89°55'05" east, along said southerly
margin 20.00 feet to the easterly limits of said government lot 4;
thence south 0004'55'' west, along said easterly limits and the southerly
projection of said easterly limits, a distance of 16.06 feet; thence
south 85036'24'' west 7.88 feet to the meander line; thence south
51°53'39" west, along the meander line, a distance of 55.00 feet; thence
south 30007'03'' west 49.77 feet; thence north 0°04'55" east 111.77 feet;
thence north 89°55'05'' west 6.00 feet; thence north 0004'55'' east 66.50
feet to the southerly margin of said County Road No. 242; thence south
89055'05" east, along said southerly margin, a distance of 62.00 feet
to the true point of beginning;
(Also known as Lot B of Short Plat recorded August 23, 1982 under
auditor's file No. 8208230095)
PARCEL B
That portion of government lot 4, section 26, township 25 north, range
2 east, W.M., in Kitsap County, Washington, and that portion of the
2nd class tidelands situate in front of said government lot 4, section
26, and government lot 4, section 27, township 25 north, range 2 east,
W.M., in Kitsap County, Washington, described as follows:
Commencing at a concrete monument of the westerly limits of said
government lot 4, section 26, from which the northwest corner of said
government lot 4 bears north 0~04'55" east a distance of 936.16 feet;
thence south 0004'55'' west, along the westerly limits of said govern-
ment lot 4, section 26, a distance of 39.94 feet to the southerly
margin of County Road No. 259 and the true point of beginning; thence
south 89°55'05" east, along said southerly margin, a distance of 20.00
feet to the easterly margin of said county road No. 259; thence north
0004'55'' east, along said easterly margin, a distance of 172.73 feet;
thence south 89055'05'' east 89.34 feet; thence north 19015'40'' east
105.88 feet; thence south 89055'05'' east 70.88 feet; more or less,
to the westerly limits of lot 7, block 6, Stafford's Addition to Winslow
thence south 0004'55'' west, along said westerly limits of said lot 7,
a distanceof 77.09 feet, more or less, to the southwest corner of said
lot 7; thence south 61030'25'' west, along the southwesterly projection
of the southeasterly limits of said lot 7, a distance of 22.77 feet to
a line 20.00 feet westerly of and parallel to the westerly limits of
lot 6, block 6, said plat of Stafford's Addition to Winslow; thence
south 0004'55'' west, along said parallel line, a distance of 115.96
feet to the meander line; thence north 65053'55'' west along the meander
-Continued-
J-97714
Exhibit "A"
Page 2
Parcel B continued
line, 50.40 feet to an angle point on the meander line; thence south
49004'55'' west, continuing along the meander line, 27.12 feet; thence
south 0004'55" west 77.51 feet; thence south 85036'24" west 128.89 feet
to the westerly limits of said government lot 4, section 26; thence
north 0°04'55" east along said westerly limits of said government 4,
section 26, 16.06 feet to the true point of beginning.
(Also known as Parcel A of Short Plat recorded August 23, 1982 under
auditor's file No. 8208230094).
PARCEL C
That portion of government lot 4, section 27, township 25 north, range
2 east, W.M., in Kitsap County, Washington, described as follows:
Commencing at a concrete monument on the easterly limits of said
government lot 4, from which the northeast corner of said government
lot 4, bears north 0004'55'' east a distance of 936.16 feet; thence
north 0°04'55" east, along said easterly limits, a distance of 44.57
feet; thence north 89055'05'' west 20.00 feet to the southwest corner
of the intersection of the southerly margin of County Road No. 242,
with the westerly margin of County Road No. 259; thence continuing
north 89055'05'' west, along the southerly margin of County Road No.
242, a distance of 62.00 feet to the true point of beginning; thence
south 0004'55'' west 66.50 feet; thence north 89055'05'' west 70.00
feet; thence north 0004'55`' east 66.50 feet to the southerly margin
of County Road No. 242; thence south 89°55'05" east, along said
southerly margin, 70.00 feet to the true point of beginning.
(Also known as Lot A of Short Plat recorded August 23, 1982 under
auditor's file No. 8208230095).
PARCEL D
That portion of government lot 4, section 27, township 25 north, range
2 east, W.M., in Kitsap County, Washington, described as follows:
Beginning at a point 235 feet north and 20 feet west of the southeast
corner of said government lot 4; thence north 90 feet; thence west
112 feet; thence south 90 feet; thence east 112 feet to the point of
beginning.
PARCEL E
That portion of government lot 4, section 27, township 25 north, range
2 east, W.M., in Kitsap County, Washington, described as follows:
Commencing at a concrete monument on the easterly limits of said
government lot 4, from which the northeast corner of said government lot
4 bears north 0004'55'' east a distance of 936.16 feet; thence north
0004'55'' east, along said easterly limits, a distance of 44.57 feet;
thence north 89055'05'' west 20.00 feet to the southwest corner of the
intersection of the southerly margin of County Road No. 242, with the
westerly margin of County Road No. 259; thence continuing north 89055'05''
west, along the southerly margin of County RoadNo. 242, a distance of
166.50 feet to %he true point of beginning; thence south 0004'55'' west
144.00 feet; thence north 89055'05'' west 10.00 feet; thence south 0004'55''
-Continued-
J-97714
Exhibit "A"
Page 3
Parcel E Continued
west 30.00 feet; thence south 89°55'05'' east 10.00 feet; thence south
0°04'55" west 67.69 feet to the meander line; thence south 51~53'39"
west, along the meander line, 149.50 feet to the easterly limits of the
Anderson property as described in Auditor's file No. 524731; thence
north 0~04'55'' east, along the easterly limits of the Anderson property,
a distance of 334.12 feet to the southerly margin of County Road No.
242; thence south 89°55'05" east, along said southerly margin a distance
of 117.50 feet to the true point of beginning.
(Also known as Lot D of short plat recorded August 23, 1982 under
auditor's file No. 8208230095).
PARCEL F
Common areas and facilities as defined in R.C.W. 64.32.010 (6) and
paragraphs 6 and 7 of said Declaration appertaining to said Apartment
and/or Moorage Slip to be determined as provided in paragraph 23.2
and Schedule C of said Declaration of Winslow Wharf Marina Condominium
Phase I, a leasehold condominium located in the leasehold estate
created by those certain leases dated February 1, 1980 and August 1,
1982, recorded March 17, 1980 and September 2, 1982 under auditor's
file Nos. 8003170027, 8209020135 and 8209020145, respectively, as shown
on the plans and survey recorded on September 2, 1982 in volume 3 of
Condominiums, pages 73 through 79, inclusive, under Kitsap County
Auditor's file No. 8209020130, as clarafied under auditor's file No.
8209280059 and as identified by the Declaration recorded on September 2,
1982 under Kitsap County Auditor's file No. 8209020131.
The Apartments and/or Moorage Slips are intended for Moorage purposes
and uses only.
The Post Office address is 141 Parfitt Way, S.W., Winslow, Washington.
J-97714 EXHIBIT "B"
1. Exceptions and reservations contained in deed from the State of
Washington whereby said grantor excepts and reserves all oils, gases,
coal, ores, minerals, fossils, etc., and the right of entry for open-
ing, developing and working mines, etc., provided that no rights shall
be exercised until provision has been made for full payment of all
damages sustained by reason of such entry.
Auditor's No.: 60007 and 61500 Volume/Page: 80-D-415 and 80-D-358
2. An easement affecting the portion of said premises and for the
purposes stated herein, and incidental purposes.
For: To construct, maintain, repair, replace and enlarge guy wires
and anchors over, on and/or under the right of way together
with all necessary or convenient appurtenances thereto.
In favor of: Puget Sound Power and Light Company, a Washington
corporation
Auditor's No.: 8002200027
Affects a portion of said premises
Grantor shall not construct or maintain any building or other structure
on the right of way and grantor shall do no blasting within 300 feet of
grantee's facilities without grantee's written consent.
3. An easement affecting the portion of said premises and for the
purposes stated herein, and incidental purposes, as disclosed in
instrument or by action herein set forth
For: Installation and maintenance of a septic tank
Disclosed by: Instrument recorded July 31, 1944 under auditor's file
No. 394932
Affects: A portion of Parcel A
4. An easement affecting the portion of said premises and for the
purposes stated herein, and incidental purposes, as disclosed in
instrument or by action herein set forth.
For: Right-of-way and easement to maintain existing fencing and parking
area
In favor of: P. M. Okano
Disclosed by: Warranty Deed recorded April 9, 1976 under auditor's
file No. 1128116
Affects a portion of said premises.
5. Restriction contained in deed recorded on September 2, 1982 under
auditor's file No. 8209020128, as follows:
The property described in Exhibit "A" hereto shall not be used or
operated as a tavern or restaurant or for the dispensing of food or
beverages of any kind for a period of five (5) years from the date
of recording hereon.
Affects Parcels B, C and D.
-Continued-
J-97714
Exhibit "B"
Page 2
6. Recital contained in contract between Winslow Wharf Company, Inc.,
a Washington corporation, as vendor and Gregg E. Magnuson and Sharon
D. Magnuson, husband and wife, as vendee, recorded on December 15,
1981, under auditor's file No. 8112150089, as follows:
Seller is the owner of nearby tidelands and uplands and agrees to
provide purchaser with access to the tidelands hereby conveyed across
the floats and docks of seller located on seller's retained nearby
tidelands and uplands. Seller reserves the right to designate which
docks and floats purchaser shall use for said access, and to change
the designation from time to time. This right of access shall terminate
if purchaser acquired uplands with water access within 1000 feet of
the tidelands hereby conveyed.
7. An easement affecting the portion of said premises and for the
purposes stated herein, and incidental purposes.
For: Right of way and easement to maintain an existing pumphouse
and underground sewer outfall line.
In favor of: City of Winslow
Recorded: March 28, 1975
Auditor's No.: 1095734
Affects: A portion of Parcels B, C and D.
8. Reservation contained in instrument recorded March 23, 1961 under
auditor's file No. 1102949 wherein seller reserves a perpetual right-
of-way and easement over the alley.
Affects: a portion of Parcels B, C and D.
9. Questions as to the location of the lateral boundaries of said
second class tidelands.
10. An easement for constructing and maintaining a concrete enclosure
over and around the trash collection area and for planting and maintaning
landscaping as granted in easement recorded September 2, 1982 under
auditor's file No. 8209020126.
Affects Parcel E.
11. Any lien or liens that may arise or be created in consequence
of or pursuant to an act of the legislature of the State of Washington
entitled "an act prescribing the ways in which waterways for the
uses of navigation may be excavated by private contract, providing
for liens upon lands belonging to the State~' granting rights of
way across lands belonging to the State", approved March 9, 1893.
12. Said land or a portion thereof may lie beneath navigable waters.
Any portion of said land which lies or which may in the future lie
beneath navigable waters is subject to rights of navigation.
TOGETHER WITH incidental rights of fishing, boating, swimming, water
skiing and other related recreational purposes, generally regarded as
corollary to the right of navigation and the use of the public waters.
-Continued-
J-97714
Exhibit "B"
Page 3
13. Covenants, conditions and easements contained in Declaration of
Easements and Maintenance Agreement as hereto attached.
Declaration dated: August 1, 1982
Recorded: September 2, 1982
Auditor's No.: 8209020131
Executed by: Winslow Wharf Co., Inc.
Affects Parcel F
14. Covenants conditions, restrictions, easements and assessments
contained in Declaration, as hereto attached.
Declaration dated: August 1, 1982
Recorded: September 2, 1982
Auditor's No.: 8209020131
Executed by: Winslow Wharf Marina Condominium Owner's Association
Affects Parcel F
15. The effect of survey map and plans and/or amendment thereto as
recorded under auditor's file No. 8209020130.
Affects Parcel F.
16. Provisions, limitations, and requirements contained in the
Horizontal property regimes Act, Chapter 156, laws of 1963, as
amended, R.C.W. 64.32.
Affects Parcel F.
17. Any assessment now or hereafter levied under the provisions
contained in the below mentioned Declaration, or as may be established
by any bylaws or amendments adopted thereafter.
Article: 12
Auditor's File No.: 8209020131
Affects Parcel F.
18. Right of ingress and egress over portions of the plat designated
as common area or limited common area and the right to use said areas
for all proper purposes in favor of the other holders of undivided
interests or occupants of the numbered units.
19. Easement for electric transmission and distribution line, granted
to Puget Sound Power and Light Company, a Washington corporation, by
instrument herein described; together with the right to cut brush and
trees on adjacent property, which in the opinion of the grantee
constitutes a menace or danger to the line and the right to enter
adjacent property for the purpos of making repairs to the line.
Recorded: November 29, 1956
Auditor's No.: 651250
Affects: Condominium
J-97714
EXHIBIT "C"
ROCK OF AGES LIMITED PARTNERSHIP, A LIMITED PARTNERSHIP, AS TO PARCEL A;
UPLANDS HOLDING COMPANY, A WASHINGTON GENERAL PARTNERSHIP AS TO PARCELS
B, C AND D.; R. KENT MILLER AND JUDITH MC KEE MILLER, HIS WIFE, AS TO AN
UNDIVIDED 44.1% INTEREST: MC KEE AND SONS, INC., AS TO AN UNDIVIDED 5.9%
INTEREST; THOMAS A. CAMPBELL, AS HIS SEPARATE ESTATE, AS TO AN UNDIVIDED
45.7% INTEREST; AND CRAIG A. CAMPBELL, AS HIS SEPARATE ESTATE, AS TO AN
UNDIVIDED 4.3% INTEREST, AS TO PARCEL E; AND WINSLOW WHARF MARINA CON-
DOMINIUM HOMEOWNER'S ASSOCIATION.
ENDORSEMENT
ISSUED BY
Ticor Title Insurance Company of California
Attached to and forming a part of:
Commitment No.
Policy of Title Insurance No.
or
3. No. Certificate of Ownership J-97714
WHEREAS, Ticor Title Insurance Company of California, a California corporation, has acquired
permission from the company whose name is shown as issuer or insurer on the document to which
this endorsement is attached to underwrite and assume the obligations and liability thereunder, and,
WHEREAS, Ticor Title Insurance Company of California does, by this endorsement, assume all the
obligations and liability of the company whose name is shown as issuer or insurer of the documents
to which this endorsement is attached.
NOW, THEREFORE, wherever in the commitment, policy, or other document to which this
endorsement is attached the name of a title insurance company other than "Ticor Title Insurance
Company of California" appears as issuer or insurer, that name is hereby amended to the name:
TICOR TITLE INSURANCE COMPANY OF CALIFORNIA
This endorsement, when countersigned below by a Validating Signatory, is made a part of the
commitment, policy, or other document to which it is attached and is subject to all of the terms
and provisions thereof and any prior endorsements thereto. Except to the extent expressly stated,
it neither modifies any of the terms and provisions of the document and prior endorsements, if any,
nor does it extend the effective date of the document and prior endorsements, if any, nor does it
increase the face amount of liability thereof.
IN WITNESS WHEREOF, the Ticor Title Insurance Company of California has caused its corporate
name and seal to be hereunto affixed by its duly authorized officers,
Dated as of the effective date of
the document to which this
endorsement is attached.
TICOR TITLE INSURANCE COMPANY OF CALIFORNIA
Validating Signatory
Principal Office: 6300 Wilshire Boulevard, P. O. Box 92792, Los Angeles, California 90009
8209020131
~lI2,'~3!B 3,c~5
WINSLO~N ~{ARP MARINA CONDOMINIUM
A Cond~iniu{
ARTICLE
Table of Contents
Page
Ih~ERPRETATION ................................ ]
.I Liberal Construction ............................ ]
· 2 Consistent with Act ....... ,.,, .................. ]
· 3 Covenant flunning with Land ...................... ]
.4 Apartment and B~fldlr~I Boundary ................. 4
· 5 percentwje of M,~rtgage*3 ........ ,.., ........... . 4
· 6 Declarant Is Original O~nec ..................... 4
.7 Captions and Schedules ........... . .... , ......... 4
ARTICLE 2. D£SCRIPPION OF PHOPERTY ....................... 7
2.1 Description of Property
Submitted to Declaration .................... ,o.o 7
ART]C~ 3. ~_s_~_{~fl~~ _o~_Ur!l~E~?.s
4.1 Moorage Slip Location ........................... 6
4.2 Moorage Blip Description ........................ 8
5,1 Access to Common Ways ......
5.2 Access t~ Streets ...............................
8209020131
&R~ICLR 12. ~COflMON EXPENSES AND ASSESSMPNT.__8 ..............
12.1 Es~fmat~ Expenses ..........
?2.2 Fay~en~ by ~necg .... ' ...................
12.3 Pur~s~ ...........................
12.5 Rased on Peccent~je ....... ::::: ................ 24
12.fi ~teston o[ R~see~ment ................ 24
~2.7 R~qhe to Assign Assessment
12.10 Ceftin/cate o~ A~ee~ent
12.11 Rsee~ment ~s~t .... ' ...................... 26
12.14 RenLa] Moots,la Slips ............................
12.15 Tez'mtnatt~n of IJtiJ[ty Se~[ce ..............
12.16 Remedies CumuI at [ye
13.3 O~nec'a Addt[~ona~ ]nsu~ance ...............
14.3 ~finitions: Restoratin~i Emergency Work .......
11.I Restorat ioneby ~oard ......................
14,5 Limited Damage; Assessment Under S3,50~':::: .....34
................
15.1 Consequ~f Condonation ....................
15.4 Partial Taki~ .......................
15.5 Red~ct[0,s of Condomint~ U~. Pa,tial'~{i~':::39
8209020{31
ill
A~ICLE 7.
SLIPS .........................
7.1 Limited Common Areas ............................ 10
7.2 Assignment of Limited Common Areas .............. 11
ARTICLE ~. VALUE OF P~OP~RTY{ VALUE OF EACH MOORAGE
8.1 Value of Property ...............................
8.2 Value Hoor~te Slips ............................. 1t
9.1 Fot~ of A~,)¢i&c{on ............................. 12
9,2 MemLel'uhlp ...................................... 12
9.3 voting .......................................... 12
9,4 Heetin,19t Audits, Notices of Meetings ........... 13
10.1 Admi~istration of the Cnndc~uinium ............... 15
10.2 Manmlement by Board ............ . ..... ,.,,,...... 15
10.4 Dealing with Department of
11.1 Limitation on Uue of
I 1.2 Restriction U[~n L~aslng, Subleasi~,
an~ Rental of Moors:la Slips by O~er ............ 20
1,3 Sale~ Facilities of ~clarant
1.4 Vehicle Pa[ki~ Restrictions .................... 20
1,5 M~intenance of ~cks, Piers a~ Floats .......... 21
1.6 ~ainCenance of Moorage Slips .................... 21
1.B Waste ........................................... 22
t.q Signs ........................................... 22
I ,10 Pecs ................................... , ........ 22
{ .11 Olfcnsivc Activity .................... · ..... ,,,, 22
I .12 Compri Area Altefationm .... . ................ ,.,, 22
1t.13 }louse Rules ............................... · ..... 22
820902013!
ii
Pa~e
23.4 ~aaementa ~or Phased Oevelopment ................ 51
2:!.5 phased Amendment ................................ %1
23.6 L~efls Arising tn Connection with 9hames ......... ~4
23.7 Mlt~]~awal al Subsequent Phases ................. 54
23.8 Bt nd tflg Ef [ecl .................................. 54
Eeference to Sur~e¥ Nap and Plans ......................... 60
8CREDUL~
SCHEOULE
SCHEDULE
8CBKDUI~
BCBEDUbE.D
(Legal Description) ........................ 61
{Ovneca at Pazeels A, B and C .............. 64
(Oescciption of: Service o[ 9cocessl
Public Street Access~ Buildinq Address ..... 65
(~oorage Slip: Location! Type~ Value~
and Percentage) ............................ 66
Declaration of Easements and Haintenance
Agceeeent) . ................................
Mooca~e Slip Sublease ...................... 82
Assignment of ~oora~e ~lip ~ublease ........ 86
'8209020131
Pa~
16.1 Enfo~c~e~t ..................................... 40
16.2 No waiver of Strict perfo~nance
ARTICLE I?. I,I~ITATION OF LIABILITY ...................... 41
17.1 Liability for U%tltty ra~lu£e, etc .............. 41
17.2 Indemnification of Board Members ................ 41
1~.3 Abando~ent of Cond~{ni~
18.4 ParCition~ an,} Subdivision ...................... 43
18.7 EffecC of ~eclaratton Amendmente ................ 44
1~.9 ln~[.e<tion sE Oooks ............................. 45
18.10 ObCa{nJng ~claran~'a Powers .................... 45
la.~1 Recekver Ap}~tnte4 by Con~ln~ ~ortgagee .....
ARTICL~ 20. P~EDUR~S ESR ~UBDIVIDING OR COMBI~YNG
20.1 ~oce4ure ....................................... 47
21.1 ~clarat{on ~e~ment ........................... 48
2~.2 Map and Plans ~enda,ent ......................... 49
22.1 Dt~claime~ of
Llm{:a:ton of Actions .....
23.1 ~ve~o~ment tn Phases ...........................
23.2 Phas~ Peccenta,}es ............................... S2
8209020131
DECLARA?{ON
COVENAN?$, COMDI?IOMS, RECTRIC?IOM$ AND RESERVATIONS
FOR
A Cond~ntnium
19'~__~, constitutes the covenants, cond I t tonsil,
plan for a condominium to be known as the WINSLOW Wt{ARF MARZN&
lease, each of ~hich rights the Association and Declarant
intend to e~ercise to the extent applicable{
F. ~clarant has leased the property described in Sched-
ule A, and by this Declaration, desires to create a leasehold
Condominium consisting of Declarant's leasehold interest in the
shall not exceed fifty eight (58) moorage slips ins hereafter
defined), commonly known and described as the ~INCLO~ ~HARF
interest of a moorage slip sublessee (hereinafter referred to
H. Declarant or its pred.cessor~ have file4 for recold
with fha ofiice of the Kitsap County Auditor a set of Plans and
for Phase I of said Condominium{
I. Declarant desires and intends to provide for the
orderly end efficient ope[etlon of the Condominium, the Associ-
J. R. Kent Miller and Thomas W. Campbell shall have the
sole option and right, as desc£ibed herein and sub~ect to the
K. By filing this Declaration and said Survey Map and
Regimes Act, Chapte~ 64.32 of the Revised Code of Washington,
referred to as 'the Act')~
NOW, THEREFORE, Declarant hereby publishes and declares
that Lhe property described in Section 2.1 is held and shall be
occupied, and improved subject to the following covenants, con-
]iqations, all of which are declared to be, and by acceptance
820902013 { ~[[:25D~ 3i2
2
furtherance of & plan for the division thereo~ into Condomtniu~
run w~th the land aN the Individual moorage slips, aha~ be a
butden and hens[ti u~n the 1an~ an~ the moor.s 8lipa, and
shall be b~nding u~n any person acquiring ot owning any intec-
~it~in seven (7) yea~s [r~ the ~ate ~[ ce~tn~ thJa
Declaration.
I.I Liberal Construction
The provisions of this Declaration shall be liberally
construed ko effectuate its purpose of creating a uniform plan
for the development and operation of this Horizontal Prope~'ty
~ ~0 E[t25D[~ 2i3
8~090~ 131
3
1.4 Apartment and BuLldin9 Boundary
Xn interpreting the Survey Map and Plans, the exist-
lng physical boundaries of the building and each moorage slip
1.5 Percenta~ of Mortq._sqees
~or purposes of determining the percentage of first
qagee for each such first mortgage so held,
Declarant is the original owner of all moorage slips
and property and will continue to be deemed the owner theresf
regarding specifically desc[il)e~ moorage slips are filed
record. However, it is anticipated that ali ~oornge slips
be conveyed to individual owners [sub-lessees) immediately upOn
1.7 ~a_j!tions and Schedules
Captions given to the various Articles and Sections
hereto shaft be deemed incorporated herein by reference as
I .8 ~[~a[[~n~ac_.~ Increaue in Dollar Limits
po~tionately by the increase in the consumer price index for
period, January 1, 1978, to ad~ust for any inflation in the
value oi the dollar.
1.{ .Definitions
1.9.1 'The Acta shall mean the Borl~ontal ~roperty
Regime a Act o~ w~Hl--n~ion, Laws of 1963, Chapter 156 (RCW
Chapter 64.32) au amended.
1.9.2 '~uildi~l and A~a[[~*~.' *~uildirv~* shall
mean a floatl~{ ~-pl~--~r ~loat constructed or concrete ,
8209020131 ~;t2S~ 3i4
4
ticn provtJed loc ~n'se~cion 9.5,
the condominium ~;~ey--([ncludin~ the land described in
e~ty reqime creat~-i~-~i-~-~ecl{ration,
1.9,8 'D~c~l~? shall m~an the undersigned (betn~
any ~e~]ments the~o~
8209020131
1,9.10 "Limited ~mmon Areas" shall mean those por-
tions of the cOmmon areas as provided in ~tiele 7.
1.9,11 #Mortgage" shall mean a recorded mortgage or
deed of trust :hat creates a lien aqalnat a moorage slip and
shall also mean a rea! estate contract for the aais of a ~oor-
age slip.
1,9.12 '~,~[t~On' nhmll mcan the beneficial
O~ the designee of the b~e~icial o~ne~, of an encumbrance on
an moorage slip c~ea~ed by mor:~age or deed oi trust and shall
algo mean the vendor, or the designee of a vendor, of a real
of the condominium and a mortgagee o[ a ~oorage slip are
included within ~he definition of mortgagee.
1.9.13 "~o£tgage Foreclosure* shall include a deed of
t~ust sale, a for[~{~re ~1~ ~,:aI ~:tate contract, and a deed
given in lie~ of such foreclosure, sale or forieiture.
........................
~_~li~' shall mean t{~e boiler oF a ,e~tqa~e on a ~oo~a~e slip,
vhich mortoa~e was recorded simultaneous with or after the
o:hervise, the term *mortgagee of a moorage sllp' shall also be
deemed to include the mortgagee of :he condo~inium.
I.g.15 'Ho__r_~S~_of the Condominium' shall mean the
holder o~ a ~octgage on tho ueal p£oper:y which this Oeciara-
tion affects, which mortgage was reco£ded prio~ to the records-
slips.
have acquired a leasei~ld inCe~ent in a given moorage clip by
and E-2. Any 'Owner' shall in fact be a sublessee.
1.9.17 'Person' shall include natural
£ep~esentaLives.
1.9.18 "Prop~u~_~' shall mean the land and the build-
placed on the land described in Schedule ~.
slip shall mean the granting of a right to use or occupy a
~ent £enerved on a periodic basis), in exchange for the payment
820902013 1 ~[i259~ 3i6
6
value)~ but shall not mean and Include ~olnt ownership o~ a
mooc,~e slip by means of Joint tenancy, tenancy-in-common or
1.9.20 'Surve~ M3~ an~ P~an~' shatl ~ean ~he Survey
2.1 Description og P~r~ Submitted to Declaration
2,2 Description Of Pro[~,,Ft]~ k~hich Ma~
The project may be expanSeJ through the addition oJ~
Buildin-~s
Each of the buildings in each phase consists o~ a
gloating pie~, duck enJ/o~ iloat and a numbe~ o~ finger piers
consttuct~l o[ concrete. Each floating pier, dock, and/or
dock and/or float and thei~ ~us~ctive lengths a~e
820~0Z0131
3i.7
3.2 Moorage Slips
Each moorage slip constitutes an apartJ~ent as defined
The horizontal boundaries of the moorage slips are
3,$ Pa rk t nc[
3.6 Service Facilities
&RTICLE 4
MO~e ~]i~ ~catio~
Each moorage slip is identified ~ a pier, d~k,
and/or ~loat letter and a number. The ldentlfyl~ n~mber of
each moo[aQe slip is sho~ on the Survey Pap a~ Plans by ~oor-
age ~lip number. The location o~ each moor~ slip of Phase l
is desorib~ in the Survey Map and Plans. In the event that
the Con(loninium Is expanded to include ~ddi~{on~l phases, the
'8209020131 ~([['25:3~ 3jR
6.1.5 To tbs e~tent pemitt~d by law or ~tlclal
decision, the waters of Eagle Harbor ~lch ebb and flor vithln
beams, suppers, pile quides and all e~nents of the
~bLng~ q~bage and t~a~h f~e~t~e~, an~ other
the ]oe~ telephone c~pany o~ ~nd~v~dua~ by ~oo~e
6.1.9 Such lead,hold ~nte~e~t~ ~n the land, an~
Declarant~ includin~ the right to exe[cise any rights to tens,
6.1.10 The f~l float, a~ macinn service bulldinq,
0~sc~rlo~ o~ L~Ir~n C0~,0N ~r~steas~s ~o~
7.1 Limited Compri
for the exclusive use of the ~orage slip to ~ich they are
adjacent to the exclusion o~ othe~ moorape slips and
7.1.1 The rinser piers ~ich are for the e~clualve
use by the ~oor~e slip o~nec oi any abuttin9 finqe~ pier in
such fl~er pier~ escl~in9 an~ atea occupied b~ any transform-
7.1.2 Utility
slip! and
820~02013i
service [acilitiea lot each mo,~ra]e
I0
locations of each DE said moocaqe slips in each of said phases
4.2 Hooca~e Slip Description
ule C. In the event that the Condominium is expanded to
include additional phases, the additional moorage slips will be
ARTICLE 5
ACCESS
5.1 Access to Common Ways
lng area and facilities as more fully described in the Survey
ARTICLE 6
~ES~R~I_ON OF COMMO~I A~EAS AND FACILITIES
facilities also include the followingl
6.1,4 The access wharf and ramps/
820 O~.O131
R[[L25'3~ 3i9
7.1,3 Any' dock box w~lch {.m not &
ARTICLE 8
8.1.1 Phase I $ 1,792,980
8209020131
32£
11
ARTICLE
9.1 Form og Associat{Ono
this Declaration of the ~hoid lnteteat in a moo~a]8 slip
9.2.2 ?r,~nnf~lr of H~,nh~_~{[~. The An~,Ciation
all owners ehal[ ~-~--'~-d~'{-(i00) vote~ and the total
Ti,ere ~hall be one (I) voting
'fl209020131
12
slip, must be c~s~--j,~ .~-:iil~$i~ vc~t'~,' 'aim [rautlondl votes sh~ll
unJe~ a .9.3.4 Pl~jQe~_~otes. If an o~er is in default
fius~ moutSj~)e on '~-~oornge slip leu n]nety (90) con-
~ ' - .... ~.~" ~. - '.' .._. The~e ~hall he an
820~02013l
~E[25,gB 323
li
{{
audit of the common e~penses, itemizing receipts and disburse-
meats for the preceding fiscal year, and the allocation thereog
fiscal year. The Board at any time, or by ~ltten request of
owners having at least forty percent (40~) of the total votes,
may require that an audi~ of the As~ciation a~ management
booke be preheated at any 8pecial meeting. A moorage slip
audi: si the ~oks sE ~he ~a~d and Association.
9.4.2 S~_~cla] ~eetln~_~. Special meetings of the
owners may be calleJ ~ a~ ~e for the p,~r~3se of conside¢ing
matters which by the terms o[ the Acc or of this Declaration
require the approval of all or some o[ the owners, or [or any
other reasonable purpose. Such meetings shall be ealle~ by
written notice of the president of the Association upon the
date fixed for said meeting. The notice shall specify the
9.5 ._y_l_a~s~o~_ A~_so c i a t_i_o_n.
9.5.1 ^4nptl~n of .Rylaw~. 'fine initial ~oard of the
Association shall adopt the initia'l Bylaws to provide for the
Declaration, as applicable, shall be incorporated into the
sixty percent (60%) vote by percentage si ownership of the
moorage slip owners at a meeting of the Astoria:ion duly
for that purpose. Notice of the time, place and purpose of
ten ({0} d,~ys prior to ~uch meeting as provided in Subsec-
tion 9.4. ~endments to the Bylaws may be adopted by the same
9.5.2 Bxlaws Provision~. The Bylaw8 ~hall be
to contain prov~s~-~'~ to those provided in this
provisions re~arflin9 the operation of the condomini~ a~
administ~aCiun si the property. The ~ylaw~ shall ecta~li~h
r~larding the giving of notice as may be requir~ for the
proper a~lninistration of the As~ociation and the property.
8209020131
1¢
ARTICLE 1 0
MANAGEMENT OF CONDOMINIUM
10.1 Administration of the Condominium
The moorage al tp owners covenant and agree that the
10.3 Authority _of the Board
[b) Poll¢ie. o[ insurance or bonds providinq cover-
age [or fire and other hazard, liability fo~ personal injury
8209020 { 3 { I{[1253[~ 32.5
15
(e) The services '~ peroon8 or firms as required to
pcopetiy manage the affair~ of the co~ini~ to the extent
(e) Painting, maintenance, uepa{u and ali landflca~
and gardening work for the c~n ares inclu~in~ the park-
(g) Maintenance and repair of any moorage slip, its
appurtenances and appliances, and any limited c~mon areas, if
such maintenance or repair is reasonably necessary in the dis-
cretion of the Board to protect the comnon area or preserve the
appearance and value Of the condominiu"a development, and the
owner Or o~ers o~ said moorage slip have fail~ o~ refused to
8209020{31 ~{t25.~ 326
(h) The Board may also pay any a~ount necessary to
discharge any lien, encumbrance oc assessment levied age[net
the entire property or any par: thereo~ ~hich [8 claimed to or
may, in the opinion o~ the Roard~ consLl~u~e a lien ~alnst the
pro~-~y or aqains~ ~he entire proper~y or againe~ the c~mon
areas~ raLher than merely a~in~C the in~eres[ kherein of par-
Lhe e~istence o~ such lien~ they shall be ~oinLly and severally
liable for the cost of ,tischar~]in~] it and any cosLs and
ten con~n~ of votin~ owners havin~ a majority of ~he vo~inq
8209020 1 3 1 ~[t[2~3~ 3;:7
benefit of the co~mon fund of the Association as the Board may
dice~t. The Board 8haIJ not, however, in any case acquire by
[ese- or purchase teal or personal pro. try valued in e~cess
Five Thousan~ ~tlare ($5,000) e~cept u~ · majority vote
the moorage slip owners, or valued in e~cess o~ ~enty-Ptve
Thousand ~llats (~25,000) except u~n a seventy-five ~rcent
[75~) a[[[~atlve vote o~ the moorage slip owners, In the man-
net s~ct[ted [~ ~ub~ctton
10.4.2 ?he Association shall be ree~nstble ~o~
lncludl~ but ~ot limited to lulilllinq all oi the te~s
18
10.4.5 So los9 as Leas0 Application Ho. 11534 is In
A~TICL~
US~ o[ each moor~e slip shall be limited to the
an e~ pile {slips over 30 feet) without the pt'tot written
8209020 13
the provisions ut Bection 11.2, not be unreasonably withheld.
All leasea~ sublesaesw or rental agreements shall be in wit{hq
and shall provide that the lease, sublease, and/or rental
11.2 Restriction U_~_on Leasing, Subleasin~t and Rental of
rented by the owner thereof to third parties, subject to Para-
graph 11.2.2 belov.
at a rate and/or for a price below that which is at salt time
11.4 Vehicle Parking Restrictions
Board. The Board shall require renoval o[ any inoperative or
improperly licensed vehicle, or any unsightly vehicle, an<] a~y
820')020131
20
visions of A~tlcle ? o~ this Declaration.
11,5 Haintenance o~ ~ock~t Piers and fIost!
in advance in ~riting by the Board.
11o6 ~aintenance of Moor~? Slip~
11.6.1 An owner shall keep his moorage slip and the
la~s, too~s or litte~ o~ any kind to be present ~n the
Nothir~g shall be done or kept in any moorage slip o~
in the cc. nmon area which will increase the rate of insurance on
thin3 to be ,tone o[ kept in his moorage slip or in the common
or li~ite,t c~?mon areas which will result In the cancellation
82090~0]31
o~ insurance on any moorage'slip or any part of the cc.~mon or
limited common aresa~ or ~llch ~)uld be Ln violation of any
No waste shall be c~mitted or ~itted in o~
any moo~e slip or in any c~n or limited e~mon area,
NO s[qn of any kind shall he displayed to the public
the Board shall, by and subject to appropriate rule, pe~it
Boa~d~ indicating that a moo~age slip la fo~ sale~ and
vided, that this ~ection shall not apply to ~clarant or
Declarant's agents [n exercising the rights provided unde~ Sec-
No animals (which te~ includes livestock, d~est~c
anlmal~ ~uItry, reptiles, fish o~ livt~ creatures of any
ktnd)~ ~hal~ be ~alsed, bred, or kept In any moo~a3e ~llp or
wise~ except in strict c~pllance with the rules a~
Boar~ a~ after proc~darea ~guir~ h~rein or b~
'8209020 13 1 ~[1253~ 332
22
tLme to time to insure cc~flpliance vith the general guidelines
CCkqMON EXPENS£S AND ASSESSMENTS
12. t Est ~ated
WiChin sixty {601 days ~cio~ :o the b~inning o~ each
12.2 Payment,by ~ners
23
12.4 Separate Accounts
12.5 Baned on Percent~a,.Le_.
Except loc certain special charges which may be
levied against particular moor~]e slips under the provisions of
this Declaration, all a~soagments loc comfl~n expenses shall be
asnessed to moorage slips and the owners thereof on the bas2s
8209020131 ~[:253it 334
24
12,6 O~ission of .~sessment
The c~ission by the Board of the Rs aociation before
Subject to the [~ravistons o~ Section 10,2~ the Bon[~
820~020131
25
of a moorage slip~ tbs grants~ shall be Jointly end severally
liable ~ith the grantor for all unpaid assessments up to the
time of conveyance without prejudice to the grantee's right to
chac~e$ shall have priority over all other liens an~
1 2,11
establishing a working capital fund for initial project opera-
'8209020131
ff[1253f~
Declat-at~on an~ by
12.11.4 Declarant ~qhall eo~ leer the Init ia~
under ~bis Section 12.11 at the time o~ clo~in,] fc~ the
~s~ciation may initiate action to [o~eclose Che lien o[ any
asses~ent. In any action to foreclose a lien ~atns: any
moota]e slip ~o~ non-pa~ent o[ delinquent aaaeosmen~s or
6209020131 ~(H~h:)[~ 337
27
12.13 Rental Vmlu__.e
?rom the time of commencement of any action
~ioae a lien against a ~Oorage slip ~or non-parent of deltn.
aha~l pay to the A~aoclaelon the reachable rental value o~ the
moorage slip to be fixed by the ~acd, and the plaintif[ in any
-~ u~ pemit
receivership and attOCneya, fees the~eof~ then to the costs of
refurbighing the moorage Slip, i~ any, Chert eo :he applicable
action, and then to the payment o~ the delinquent assessment
a~ may he v ~oe ooard ~o much O~ the ~ ~=~anc or lessee Shall
thirty (30) days. The renter or lessee shall have no right to
~or rent to the extent 8ooh ren~ Is paid to ~het° the o~er
hut w{ll not dJscha~9~ the ]lah{}lty of th. o~er As~ciatlon,
prOVided In ge~tion 12.10. ~ ueen ap~lnte~
~2.15 Termination of Utility Service
methods o~ colleetln~ an°t by way of limitation
have ~he right, after havl~ given ten ~10} days' notice to any
m°°rage slip owher ~ho 1~ delinouent in paying his a~sessments
dellnguent O~ner'~ moorage 6lip ~til aueh asseSSments or
chargea are paid,
~ 2. ~ 6 ~E~iee Cum u~t i~
· he remedies P~ov ided
which mar be available under la~ alth~..~ Y Other remedies
ARTICLE 13
INSURANCE
1 3,1 _]n_~u~.a_n.~e__Cqv_~r_e9 e_
The [~oard shall obtain and maintain at all times ss a
o~mon expense a policy or p~licies and bonds of property
insurance covering all of the general common elements and
limited common elements lnclt~]Jnd fixtures and building service
the Association, which shall include at a minimum:
13.1.1 Fire insurance, with extended coverage
(including vandalism, malicious mtschief~ sprinkler ]eakage,
deft'is removal~ windstorm and water damage) endorsement,
a~ount equal to the full insurable current Eeplacement value
{w~tbnut deduction fo~ depreciation and exclusive of land,
8209020l 31 nf~e~,:lr~ ,1,~9
shall contain appropriate provielons or endorsements precluding
the insurer from denying the claim of an owner because of the
negligent acta o~ the Association or another owner.
13.1.3 Wo~kmen's compensation lneurance to the extent
required by applicable laws.
13.1,4 ~ide]lty bonds naming the me,bets of the
Roard, the manager and its employees and such other p~-rsons as
may be designated by the Board as p~incipals and the Associa-
tion as obligee, in at least an amount equa! to one bund:ed
fifty percent {150~) of the estimate4 maximum funding, inolud-
ing reserve funds, in the cu~;tody of the Association or mans,ge-
agency.
8209020131
If available, in lieu of the coverage provided tn
substitute any special multi-purpose condorainium insurance
the(sin. No owner shall, be er{titled to exe/eise his rl9ht
than ~rsonal property or ~he moorage slip belonging to such
1 3. ~ I~s!r~nce
Board shall have the exclusive a~thorlty to settle and
un,er, the ~licg. Notwithstanding any of the foreqoin9
property or liability insurance.
(e) Contain no provision (other than insurance con~
ditions) which will prevent mortgagees from collecting insur-
{f) May not be cancelled or modified substantially
without at least ten (lO) days prior written notice to the
'820~020131 ~[[;259~
14.3 Definitions~ I~ e s t o [ .a ~_l_9_n_L £mer 9 e n clf._W_o r~k
8209020 13 1 ~{[t2S3F~ 3,i3
each moorage slip and the c0m~n and limit~ common areas h~v-
lng substantially the aam'e vertical and horizontal boundaries
aa before. Modifications to conform to then applicable g~;ern-
Substantial diminution in value to the improvements and to
reasonably protect the owners froa liability from the condition
of the site.
14.4 Restoration b[ Board
14.4.1 Unless prior to the commencement of repair and
restoration ~ork (other than emergency ~rk rare[red to in Sub-
reconstruct in acco[dance with the provisions o[ either Sub-
section 14.5.3 or 14.6.3, the Board shall promptly repair and
14.4.2 The Board shall have the authority to employ
will be appropriately carried out.
loss in excess o[ Fifty ?housand Dollars ($50~0q0), or loc such
[ira or institution to collect the insurance proceeds and carry
out the provisions of this Article.
14.5 ~tmited Damage[ Assessment Under S3t500
under ~ubsec[lon 14.1.4 does not exceed Three Thousant rive
Hundred Dollars {$3~500) for any one moorage sllp~ then the
provisions of this Section 14.5 shall apply~
8209020131 ~259:i 3a4
]4
)1.$.! The I~osrd may, but shall not be
call & ~,e¢lal owners" meettn~ to conaidec Ru~h tepatE and
ces:~raCion ~rk, ~h~ch no~ee sha~ be qiven
~tth the not[ee requt~e~ to be given by the ~a~4 undec
Section 14.2 &bore. ~f the ~oar~ ~ha[[ fat1 to call such meet-
aft~ ~he conclusion o[ said ~t~eiat meetincj tf such meeti.g
· or~j~e o~ned} ~tll be requ[~..~ to avoid the p~ovts[on~
that Lhe failure o~ the Boa~ Lhe ~equJslte numbe~ of o~ne/8
o~ thee SectLon 14.& shall applg~
~ithin thirty (~0) days after the date o[ d~age oc des~ruc-
prc'~idet under Section 14.2 above. I6 ihs 8oard ~ails
within said thi:ty (30) day pe¢io~ then nOtwith~tan~Jing the
calling spe:-tal mee:imjs, any o~ec o: mo~t,)agee may within
fifteen (15) days o[ the expi~akion of said thirty (30) day
8209020131 ~[~12~i~ ,145
pursuant to this Section 14.($ aha11 be called by ~q~itten notice
and shall be convened not less than ten (10) nor more then
twenty (20) days from the data of such notice of meeti~.
14.6.2 Except ~oc ~ergency ~rk~ no gepa ~ and
(90) ~ays after the date o~ d~age or destruction shall be
14.7 ~_~n ~o~_~e~L~is~_~L~~
and p~ope~tg ahal~ the~ea~te~ be he~d an~ d~st~tbute~ as
fo 1 low~:
36
14.7.4 The property shall be subject to an action fat'
partition at the suit of any moocage slip ownec, tn v/nlch event
the net proceeds of sale, togs:her with the net pcoceeda cE ~:he
ARTICLE 15
CONDEMNATION
$5.1 COnse,]ue nee s of
If at any time or times du~ing the eontlnuanee cE the
corrd~nini~ o~mership pucsuant to this Declaration~ all Or any
poet o~ the property shall be tak.;n ac condemned by any public
au~hocity ac sold or otherwise di~[x~sed of in lieu o~ o~ In
]7
Al! eO~pensation, d~aa-es
~com, the sum oil which is hereina~te; or Other PrOceeds there-
Award,. eha]~ be Payable ~o the Aspiration'
cOZied the 'Co~nat~on
among ~he o~ ;,e ~ondemnatJon A~ ~"'P Pursuant thera -
different [r~, the value of the ' t If a
s~dll as ~J- ,,n r~e ba~l~ of tho - extent it Is rele,~-~n'~e
~on as practicabl~ ~_: ~°~'"l')ing *tine Iai
resp~:l~e ~hareia enti :le4. Al:
shall then be distributed to each O~er respectively.
~5.4 Part,al Ta k ~ n~
]n ~he event that less than the
Each O~er ~ll be entitl~ to -
· Onab~y ]5.4.1 ~ .aah a~ Praetlcab e
between e~d In goad f~th, nilo ~] the ~ard
PLn.4tlo.~ damag~, o- e~.t. the Condemnat~ ~,
15.4.2 ~fle
allocated to t-~.- ard Shall a .....
15.4.3 The totaZ ~Oun~
apes shall be ap~rkioned aitOeakej :o Severance
taken or eonde.med, to those ecotage Slips ~ich ~re not
15.4.4 The rea
of or injury to - - :. pective ~ounts
~age slip involved. - oe ap~r-
'B20~020131
15.4.5 The amount allocated to conseauentia[ damages
determines to be equitable in :he ciccumstancea.
15.4.6 If an allocation of the Condemnation Awsrd ia
alreaOy established in negotiaLion, ~udl¢la! dec~ee~ O~ o:he~-
15.5.1 The ~)or~e 91ips sub,oct to this Oeclacatton
ante theceo~).
15.5.4 The percentage of undivided intecest in the
in Sche~taie C and that value of the entire property not so
said moorage slips.
15.5.5 Except with rospect to the shace of proceeds
8209020131 ~[[}2~9fa 349
39
any tight, title, interest, privilege, duty o~ oblisation in,
in) all moora]e slips which are, as well as all moorage slips
visions of Section
15.6 Reconstruction and
Each owner shall comply strictly with the provisions
amended from time to time, and with all decisions adopted puc-
inq to comply.
'8209020131 ~[1253){ 3~0
4O
No ~aiver of Strict Perfom~ance
?he fail~re o~ the Board in an~ one or ~ore i~stances
o~ the ~ylaws, or to exercise ,~ny right or option contained
made uflles~ expresse~ in writing end signed by the Board.
ARTICLE 17
17.1 Liability for Utllity._Fal_.._luret et~c.
Except to the extent covered by insurance obtained by
the Board pursuant tO Article 13, neither the Association nor
the Board (nor the Board's managing artent exercising the powers
8209020131
I~[f!255f8 351
41
proceeding to which he may be a party, or in ~hich he may
become involved, by ~eaaon of being or having held such posi-
tion, or any settlement thereof, whether or not he holds such
position at the time such expenses or liabilities are incurred,
except in such cases wherein such person ia adjudqed guilty of
willful misfeasance or malfeasance in the performance of his
duties; provided, that, in the event of a settlement, the
inrll'mnif{cation shall apply only ~len the ~ard approves such
settlement and reimbursement as being for the best interests of
ARTICLE 18
MORTC~GRE PROTECTION
18.1 Priority of Mo_rtgages
upon any moorage slip for assessments shall be subject to tax
18.2 Chan~ in Manaqe~r
by the Association, at least thirty {30} days' notice of any
contemplated change in the professional manager shall be given
'8209020131 ~{:25~ 352
~2
dred peccent (lOOt) of ali fir. t mortgagees (based upon one
8209020131 ~[~125g[~ ,%3
obliqstton under the condc~lnium documents shall be given by
the Association to the first mortgagee of such moorage sIip.
sistent provisions.
~8.a I_~.~q~99q~
(a) Purn[sh such mortgagee .ith a copy of any insu¢-
(b) Require any insurance cattier to give the
pa~l~ent).
conflict with the provisions o! Article 14.
exceeds Ten Thousand ~ollats
'8209020i31
354
44
(e) Give such mortgagee ~ritten notice of any loan,
damage or taking a[fectinq any moorage slip or limited common
18.8.2 In addition, the insurance policy acquired
(S) Provide that any reference to a mortgagee tn
such ~llcy shall mean and include all holders or mortgages of
any moorage slip or moorage slip lease or sublease of the p£o-
ject, in their respective orde~ and preference, whether or not
(b) Provide that such insurance as to the interest
any mortgaqee shall not be invalidated by any act or negl.ct
the Board Or moorage slip Owners or any persons under any of
(c) W~ive any provision Invalidating such morlgege
gecent annual audited financial statement, if such is prepared.
$8.10 Obtainin~ D~*clarant's Powers
In the event ~he mart.s,lee of the condominium bec~.mes
bound by this Declaration by granting one or mace partial
releases or otherwise, and forecloses its mortgage or acquires
this Decla~ation.
18.11 Receiver Ap~o%nted by Cond~[nium Mortqagee
ARTICLE 19
19.1 In General
It is l.tended that in addition to rights under the
Act, each moorage s~l[~ shall have an easement in an~ through
'820~020131 ~:""
Subdivision aml/or cc~bining 0[ any moorage allp st
moors,]e slips, cotmon areas and [aclllties, or limited common
8209020131
47
20.1.2 Upon ~rttt~n approval of such proposal by
seventy-five percent (75~) or the o~mecs~ and upon approve! o~
seventy-five percent (75%) of the first moctgagee$ and unanl-
er(a) sE the moorage slip(s) to be combined o~ aub~ivi4e~0 the
ARTICLE 21
21,1 Declaration Amefl~ment
instrument In wetting entit!ed 'Amendment to ~c[acatton' uhJch
fleetly provided for in this ~cla~ation, any pro~s~ ~end-
or [he o~e:s JE seven[y-rive peccen[ (75~) of the o~e~s v~[e
been duly noCt[ted and aevefl~y-~[ve ~[cent (75t) o~ the
amendment when adop~ed shall bea~ the sLgna:uce or the
Amen~men:s once properly adop~ed shat] be e[Eecttve
ment [o a provtston or the ~c[ara~[ofl esCah[Lsh~ng,
fo~, governing or c~ulating the following shall respire the
consent of seventy-five ps,cent (75~) o~ the o~ers and
seventy-five peccent (75~) or the mortgagees: voting) assess-
ments, assessment liens or subocdination o~ such liens~
p~oject or the addition, anoexat~on o[ withdraw~l sE propecty
8209020 m 31 F~2S~ ASA
48
ests in general or limited c~on areas! or imposition o[ any
right of first re:weal oc similar restrictions on the right of
{30} days o{ a ~itten ~egue~t to approve an ~endment ~hall be
Plans shall be ~e available fo~ the examination of every
21.] ~ ~e~nt ~
any applicable provision of lay which intends o~ cequi~es
continuance o[ this co~ominium ac ~e~oval of the p~opecty
M~p ~,~ Plans. The condominium shall not he discontinued with-
to the i~nification of the successo~ maste~ lessee.
8209020131
22.1
ARTICLE 22
Disclaimer of Warranties; Limitation of Actions
Declarant hereby expressly disclaims any and all war-
ranties or guaranteeS, express oc implied, of any type or kind,
including, without limitation thereto, implied warranties of
tionf aspect Or condition of the Condominium buildings~ cC~aon
as to Phase ! of the Condominium and its common and it~lted
phase II.
22°2 Waiver of Partition
RCW 64.32.050(3), Declarant and any oR,ere pursuant to this
~r[[tion maid property, the Cond~i~lu~, ut the ma[ina.
ARTICLE 23
PHASED DEVELOPMENT
23.1 Development in Phases
23.{.{ Thi~ condo,niniu~ moy be developed and estab-
lished in more than one ({) phase. It is contemplated that any
subsequent phase would involve expanding the marina by ad~ition
of moorage 8lips (and related docks and piers), relocating
tloat M, and changing the size and location o~ certain eaisting
moorage ellps~ all aa generally shown on the Nap attached
hereto.
This ~claratlon provides a de~crJptton of: the land
within all phases; the general common and limited common areas
esr ail phaae~I and the moorage slips and buildings in phase I.
820~020131 F[;253g 360
SO
The Survey Map and Plans, filed simultaneously herewith~ depict
(certified as-built with respect to Phase 1), the followingt a
survey ~g the ~urface ~f the land! the location of the Phase
butldings~ and the plans o~ the Phase 1 buildings showing as to
each moorage slip tn Phase 1 the vertical and horizontal bound-
arte~, the location o[ all such moorage sl~IJs~ and the number
23.1.4 Miller and Cam~4~elI shall complete subsequent
820c)0~.0 13 1 i~HI:2:~!II 36!
S!
lubsequent phase. Improvements ~lthin subsequent phase ~lll be
reasonably consistent with improvements ~n prior phases
ph~s,)a will he pursued by ~tller a~ Campbell aa expeditiously
aa reasonably ~saEble, subject to delays [o~ resins
lng, hut not l~mi~e~ to, financing availability, lair
moorage ~lip o~ers) hu~ Miller an~ Campbell shall not be lia-
theceof~ it ts epecif~call~ understood and agreed that the ~e-
resulting fr~ changes in the a~ze and location of certain
aubneq,Jent phase, Miller and Campbell nhall be the initial o~-
(e~cluding those moor~]e slips which existe~ p[lo~ to m~ch
for Phase 1 are cal~uIated with relation to the relax o~ the
values fo~ those moocaae slips, within Phase 1. At s~h time
as additional phases a~e made effective by the ~iling of the
percentage9 ~he[eafte: effective shall be t~ae schedul~
each subsequent phase, which ace calculated with ~elation
23.3 Assessments Based on Percentage fo~ Phases
All assessments for the various phase{ shall utilize
and be baaed on the percentage at,ted to~ that phaee until the
eucceeding phase is activateJ and ~nlqent-ed. The Association
'8209020131
23.4 Easements for Phased Developmeg~
23.4.1 %n addition to the gene,al easements reserved
by statute and bF re(ecence in other ~ections of this peclara-
820g02013 1 ~[[125[)[~
in said phase have been aubstantiai%y completed to the
standacds teguire~ by the lendec or lenders financing
tion of said phase~ and (b) A sufficient number of moorage
slips within said phase have been pre-sold (that is, been made
subject to a binding executory contract o~ sale and purchase)
in ac¢ocdance with the reguirements of the %ender or lenders
financing construction of said pbase~ if any.
23.6 ~iens Arising in Connection with Phases
At the time the amendment incorporating a subsequent
phase into the condominium t~ made, no lien a~taing in connec-
tion ~ith the ownership of~ Or construction Of l~provementa
upon~ the subsequent phase ]~nd w~i! adversely a~fect the
factocily provided for by the Millet and Campbell.
23. ? ~L~{~L
23.8 Bindln9 Effect
irrevocable covenants running with all o[ the land described in
land.
5~
2).~ Limitation o! t)eclarant's Wi~.{hta
2{.9.! 2~ the United 6totem Vetetafl'e ABmln{Bt~mtion,
~ede~al ~using Administration and/or Federal National Moftgmge
As~cia~lon i~ involved in the Ilnan~ing o~ the ~n~truction o~
the con~lni~ pro~ect o~ the purchase o~ ~ ~o~e slip
iocateJ thereln, the Declarant c~enan:s to buil~ each phase in
ac~rdsnce with plans ar{,rove~{ l,y s,~ld Admlnletration and/o~
As~ciatlon ofiice havin~ }uri~iction ove~ the ge~aphica]
area in which the conJ~inium project la locate, p~ovided much
approval im not unrea~nably withheld or delayed.
2].9.2 If the Unite~ S[aces Ve:e~an'8 Administration,
Fetera] H~usi~ A,tministtation and/or Federal N~tional Mortga~{e
Association is involve,t in the fina~cinq of the construction o~
pr~o~ ~itten ai>p~ova] oi said Administc6tion a~/o~ Associa-
tion o[~Lce, pr~lded 6~h approval is not un~easonab]y with-
held o: delayed.
23.9.3 ~he ~igh: of ~ille~ an,l Campbell to add pha~es
by ame~entS under ~ection 23.5 shall expire ~even (7) years
DOCT;
EFFECT{V~
8209020131
provisions thereof.
~'~ '/ ' i
~homas A. Campbell
C-raiq A. Campbell
HcKee & Sons, Inc,
55
23.{ Limitation of Deelarant'a Rights
23.9.1 If the United 8tates Veteran's Administration,
23.9.3 The eight o[ Mille[ and Campbell to a~d phases
~,~cs~, ~ I~ ~OCT; IS EFFECTIVE
DATED this { 6ay of~ -/ . 19~2.~ ~ER THAN
DECI,ARANTI
'8209020131
By
Consent to Declaration anO
provisions theceol.
R. Kent Miller
55
COUNTY OP KING }
On this day personally appeared be~ore me C.AIG A,
C~PBELL, to ee known to be the individual described in and ~ho
fo~ the uses a~ pur~ses therein mentioned.
G~VgN under my han~ a~ official seal thia,-~/L day of
8209020131
~[[1259B 369
57
COUNTY OF KING
On this day personally appeared belore me ~~ ,
and J F~ ~ to ~ kn~ to be the ~ and
O~NER9 ASS~T]ON~ the co~o~atlon demc;ib~ in the foregoin;
lnst:ument, and acknowledged the said ~nst~ument to be the ~;ee
co~o[ation.
GIVEH uncle; my hmn,{ and o[ficial seal thil {kl day o~'
_~ , ,~8~.
°~shingt°n{, For t~--
Sta~
STATE OF WASHI~ ) ~..-
CO~TY OF K2NG )
On this doy personolly np~sred be~ore me m. WE~T ~ILLFm,
~he within end fore~oi~ instrument, e~ eckflowled~e~ that he
alined the s~e ~s his free and voluntary oc~ and deed, for
G{VE under ~y bond and o~ficial seal this {~ doy of
for ~h* ;r~: ..
Stat~ of ~hington, ge~ldtnqC.
8209020{31
56
STATE OF YASHINGTOLq )
)
COUlaTY OF KINO )
On this day personally appeared before me Thomas A.
Campbell to me known to be the lndividua! described in and
vho executed the within and foregoing instrument and ac~
knowiedged that he signed the same as his free and voluntary
act and deed, for the uses and purposes therein mentioned.
GIYEN under my hand and official seal this day of
, 1982.
Notary Public in ant) for the State
of Washington, residing at
STATE SE WASHINGTON
COUNTY OF KING )
Cn this day personally appeared before me R. Kent
Miller to me known to be the individual described tn and
who executed the within and foregoing instrument and ac-
GIVEN under my hand &n~ official seal this
Not~Sy\lyt,l~c aO~nd for the State
of ~at~i3gton, residing et
8209020131
STATE aP .?~'~1 )
//~'A; ~* C., As. ) IS.
COUNTY O~ ~IN~ )
On this day personally 0p~ared before~me~/
potation described in the for~oJng instrument, and
act and deed of maid co.oration for the uses aha pur~es
~ GIVEN unde~ my hand and official
, 1~82,
The undersigned, as owners of the property described as
lng of this Dee~aration. In addition to this consent, the
Declarant on or be[ore December 31, t982, all of their right,
title and interest in said property (and in the Uplands ~ease);
it is the intent, ho~ver, of ail of the parties hereto that
assigned with the preexisting leasehold interest of Declarant
suaflt to appropriate Moorage ~lip Subleases executed and
recorded by Declarant contemporaneously with the £eco~ding of
Thie doculnent was executed in counterpart.
'8209020131
or mubstsntlall¥ all, of the moorage slips,
D&TED this
of sll,
~'~d .l~ OOCT,' IS EFFEC'rfvc'.
o~' substsntiall¥ slt~ of the ~oor~e slips.
~L~~,,.~,~'~_ ~. ,.
JCM:ab
?/14/82
?/14/82
8209020131
IE[t259[it 3G7
This document Was executed in counterpart.
'8209020131
The Survey Hap and Plans loc ~he marina referred :o
NcLearnsberry were ~L~ wtch the Recorder of KLtssp County~
8209020131
E[t259B ,3?3
-60-
certain Bed of Navigable Waters Lease No. 11534 dated ~r~,~, ·
19~ and recorded on /~.~_ __, 19~_~,~ under Kiteap O~unty
Auditor's File No. ~~ ; a~, pursuant to said
be~cs 5 14'21~44' E 419.42 leek f~ the
aat~ ~ec~ton 27 and ~ver~ent ~t I, sam
8209020 13 1 ~f~25;3~ 3~4
61
Uplands Lease dated __~,~a~ , 19~%~ and recorded on
PARCEL A:
Th,~t F,,r~ion of C~vornment Lot 4, Section 27, Township
2A North, Range 2 East, W.M., and that portion of the 2nd
Class Tidelands situate in f[ont of said Government Lot 4,
Sectioa 27 al~d Government Lot 1, Section 34, Township 25
North, Range 2 East, W.M., in Kitsap County, Washington
more particularly descrkbed as follows:
Co~.enc~ng at a concrete monument on the easterly limits
of said Government Lot 4 bears N 0"04'55" a distance of
936.16 feet; thence S 0"04'55# W along said easterly limits,
and ~he southur]y pro}ection of said easterly limits, a
thence continuing along said southerly projection ,)f the
re the intersection o~ a line which bears S 14"21' 44" E
C~Dvernment Lot l~ thin,ce N ]4~ 2]' 44" W to said meander
dlstan('e of 218.49 feet; thence N 0' 04' 55" E 67.69 feet;
N 0" 04' 55" E 144.0(] feet Lo the south li~e of Con. ty
8209020131 ~
thence N 0* 04' 55" E 77.5! feet to the meander line; thence
N 49' 04' 55" ~ a~ung the meander *lne 27.12 feet to an
N 89e 5§~ 05" W 20.00 feet to the true point of beq~nning
'8209020131
63
JCM:bw~
SCHeDUlE B
2. Public Street to ~hlch project has direct acceass
3. Street Address of the proJectl 141Parfitt Way b~
4, Pa~kin~ shall be avail able vi thio the project ES folloval
46 spaces plus eights of use in 15 additional
spaces as defined in Schedule O.
61 spaces
8209020131
-64-
RE[L259[R 3?7
CLPlb~m
'820c~020131
TO
establi~he~-~r Ph~-~-~ ~et f~cth in c~lumn 4 in the fol-
on ~be basis of ~300.00 per ~oot o~ approximate moorage slip
length.
phase e~ntainin9 additional moorage slips and possibly addt-
project ~ntalnin~ no more than 219 m~rage slips.
b. The estimated percentages of interest set forth
i~ ~lumn 5 o{ the following schedule are based on the assump-
tion that the total p~o~ect (excluding Phase I] shall include
58 additio.al ~rage slips, with lengths as set forth la
graph 2(b) above, the exact number of additional m~rage slips
and their r~spective leagtbs ~1ll pot ~ de~er~tfled antll sub-
d. The value of moorage slips within Phase l,
a~Iected bF the later merger of additional phases into the
eo~on area and facilities of each additional ~ocage slip
added to the project by subsequently completed phases will be
~aragraph (~} above.
8209020131
~i[125~}[~ 379
Plans~ which amendments shall be appropriately certified by a
licensed land surveyor or engineer and shall set forthl
(l) the total number of moorage slips vithin
said completed phase~
(ti) the length of each ~oorage slips!
(iii) the nnw total stated value of the entire
pro~ectt being the aggregate of the values of all moorage
slips within completed phasesl an4
(g) For the reasons set forth in paragraphs 2(a)
$/26/8282 0~020 ~ 3 [
67
(1) (2) (3) (4~ {5)
R-16 A 32.2 .5387 .4022
&-l? A 49.0 .6198 .6122
(1) (2) (3) (4) CS)
A?p~ox~ma:e
A-48 A 32.0 .5354 .3998
A--49 A 53.6 .8968 .6692
A-SO A 32.0 .5354 .3998
A-52 A 32.0 .5354 ,3998
A-54 A 32.0 .5354 .3998
B-14
8-16
B-18
B-19
8-21
8-23
B-24
6-25
S-27
e-30
B 36.5
B 36.5
B 26.0
B 36.5
B
B 28.0
la 36.5
la 28.0
la 28.0
la 36.5
la 28.0
B 3~. 5
36.5
.6224 .4648
.6107 .4561
.6107 .4561
4684 .3500
.6107 .4561
4684 .3500
6107 .4561
4684 .3500
6107 .4561
4684 ,3500
6107 .4561
4684 .3500
6107 .4561
4694 .3500
6107 .4%61
4694 .3500
6107 .4561
(1)
B-33
8-36
B-37
B-38
B-39
B-40
n-42
B-43
B-45
8-47
B-49
C-1S
C-17
C-18
C-19
C-20
C-21
C-22
C-23
C-24
C-25
C-26
C-27
C-28
(2)
B
e
n
(3)
28.0
36.5
28.0
36. S
28.0
36.5
28.0
36.5
28.0
36.0
28.0
28.0
28.0
28.0
28.0
28.0
28.0
29.3
36.7
36. S
30.0
36.5
30.0
36.5
30.0
36.5
30.0
36.5
30.0
3E.5
30.0
(4)
.4902
.6140
.6107
.5019
.5019
.6107
.5019
.6107
.5019
.6107
.6107
.5019
(5)
Phase I!
.3500
.3500
.4561
.3500
.4561
.3500
.3500
.4498
.3500
.3500
.3500
.3500
.3500
.3500
.3500
.3661
.4585
.4561
.3748
.4561
.3748
.4561
.3748
.4561
.3748
.4561
.3748
.4561
.3748
r~
o
o
(~)
C-29
C-30
C-31
C-32
C-33
C-34
C-35
C-36
C-37
C-38
C-39
C-40
C-41
C-42
C-43.
C-44
C-45
C-46
C-END
C-48
C-50
C-52
D-16
D-10
D-20
D-21
D-22
D-23
D-24
D-25
0-26
(2)
C
C
¢
C
C
C
C
C
C
C
C
C
¢
C
C
C
C
C
(3)
Approximate
Slip
L~n~th
36.5
30.0
36.5
30.0
36.5
30.0
36.5
30.0
36.5
30.0
36.5
30.0
36.5
30.0
35.3
30.0
34.8
30.0
72.2
30.0
29.6
29.9
36.4
40.5
40.5
30.0
42.5
30.0
42.5
30.0
42.5
(4)
.6107
.5019
.6107
.5019
.6107
.5019
.6107
.$019
.6107
.5019
.6107
.5019
.6~07
.5906
.5019
.5822
,5019
1.2080
.5019
.4952
.5002
.6425
.6776
.6776
.5019
.5018
.7120
(S)
Phase
%
,4561
.3748
.4561
.3748
.4561
.3740
,4561
.3748
.4561
.3748
.4561
.3748
.4561
.3748
.3748
.3748
.9021
.3748
.3698
.3736
.4798
.5060
.5060
.3748
.3748
.3748
.5310
0
D-28
D-29
D-30
D-31
D-32
D-33
D-34
D-35
D-36
D-37
D-36
D-39
D-41
D-43
D-4S
D-47
D-49
D-END
Iq-2
M-4
M-8
K-10
(2)
Dock
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
30.0
30.0
30.0
30.0
30.0
24.0
24.0
24.0
24.0
24.0
24.0
24.0
24.0
24.0
24.0
24.0
(4)
Phase
%
.5019
.7120
.5019
.7444
.5019
.7444
.5019
.7780
.5019
.5019
.8198
.5019
.5019
.5019
.5019
.4785
.4651
1.4088
.4015
.4015
.4015
.4015
.4015
.4015
.4015
.4015
.4015
.401S
(5)
Phase
.3748
.5310
.3748
°$560
.3746
.$560
.3748
.3748
.5910
.3748
.6122
.3748
.3748
.3748
.3748
.3748
.3573
.3473
1.0521
.2998
.2998
.2998
.2998
.2998
.2998
.2998
.2998
.2998
.2998
.2998
(1) (2) (3)
Approximate
Apt. Dock Slip
NO. LOC. ~n~ th
M-12 N 24.0
K-14 N 24.0
M-15 M 24.0
~-19 M 24.0
M-21 M 24.0
N-22 M 24.0
~-23 M 24.0
N-24 N 24.0
N-25 M 24.0
M-26 M 24.0
q-27 M 24-0
K-28 M 24.0
M-29 N 24.0
~-30 M 24.0
~-32 M 24.0
~-33 M 24.0
~-34 M 24.0
~-35 M 24.0
~-36 M 24.0
K-37 M 24.0
~-39 M 24.0
M-39 M 24.0
~-40 M 24.0
~-43 ~ 24.0
(4)
Phase
%
.4015
.4015
.4015
.4015
.4015
.4015
.4015
.4015
.4015
.4015
.4015
.4015
.4015
.4015
,4015
.4015
.4015
.4015
.4015
.4015
.4015
.4015
.4015
.401S
100.0000
(5)
Phase
%
.2998
.2999
.2998
.2998
.2998
.2998
.2998
.2998
.2998
.2998
.2998
.2998
.2998
.2998
.2998
.2998
.2998
.2998
.2998
.2998
.2998
.299B
.2998
.2998
.2998
.29q8
.2998
.2998
.2998
.2998
.2998
(1) (2)
(iD
CD No. Loc.
(3)
6].5
~2.S
32.5
B-I B 29.3
B-2 B 38.2
B-3 B 28.0
8-4 B 36.5
B-5 B 28.0
8-6 B 36.5
B-7 B 28.0
B-8 B 36.5
B-9 B 28.0
B-10 B 36.5
8-11 B 28.0
B-12 B 36.5
(1) (2)
t~ Apt. Dock
CD No. Loc.
CD B-13
CD 8-15 B
-- C-1 C
C-2 C
C-3 C
C-4 C
C-5 C
C-6 C
C-7 C
C-8 C
C-9 C
C~10 C
C-11 C
C-12 C
C-13 C
C-14 C
C-16 C
(5)
Phase II
%
.7934
.4223
.5310
.4061
.5310
.5310
.4061
.5310
.4061
.5310
.4061
.5310
.4061
.5310
.3661
.4773
.3500
.4561
.3500
.4561
.3500
.4561
.3500
.4561
.3500
.4651
(3) (6) (5)
ApprozLmate
Slip Phase ! Phase
28.0 .3500
28.0 .3500
36.9
30.4
36.5
30.0
36.5
30.0
36.S
30.0
36.5
30.0
36.5
30.0
36.5
30.0
30.0
.4610
.3798
.4561
.3748
.4561
.3748
.4561
.3748
,4561
.3748
.4561
.3748
.4561
.3748
.3745
D-1 D 31.5 - .3936
D-2 D 39.6 - .4948
I)-3 D 30.0 .3748
D-4 D 40.5 - .5060
D-5 D 30.0 - .3748
D*6 D 40.5 - .5060
820q020131
THIS ~GREFJiE~T is executed es of thLa -- day o~
re~ett~ to ns 'Wlnslow") os owner of the propecty
Exhibit A attach~ hereto, located In K~teap County~
Wa ah ing ton.
W I TN~ SS ETHz
WHEREAS· Winslo~ hA~ operated m~rtn~-~elnted flu~l~tie~ off
~ttions of snid propertyl and
~E~EAS, the various lots c~ered hereby wlJl be dis-
tributed to certain shareholder8 o~ N&nslow is part of the
liquidation thereof, AM the Hlnslow ~ad Natin~ Cond~inium
Owners' Association ('xm~ciatioh') Ihal] thereafter operate
~aid marina; a~
not directly relat~ to the marina~ and
WHEHE~S, Wlnslow desires to ~ide for the ordecly
tion a~ maintenance of ~arcels A a~ C am deacribed
Exhibit B attached hereto ~lch, to the e=tent pr~ided herein,
shall be used to satisfy the patki~ needs of other pr~erties
cover~ hereby.
'820~020131
77
1, Shared Parklncj on Parcel A,
1.1 Parcel A aa now constituted Includes 28 perkincj
spaces, Those spaces shall be allocated a8 fellowes
1.1.1 Parking for ~lnsloa k~arf
Marina Condominium 17
1.1.2 To those shareholders
Winslow who acquire the
riqht in liquidation to
expand the above Marina
1.1.3 Packing for the o~ner, and
their aqents, employees,
vts~to~a a~ tnvitees,
that parcel c~nly kno~
as the brick butldl~
which is more fully
flescrib~ on Exhibit C
atCach~ hereto.
28 spaces
I.l I nonexclusive easement ~or i~Eeas and egress,
a~ for the use o[ 5 of the parkl~ stalls locate~ on Parcel
ts hereby qrant~ to the o~ne~s of the property describe~ in
[~hibit ~ and their agents, employees, visitors and invitees.
1.3 By their signature hereon, t~se persona ~ho
a~ulre tbs rights describ~ in ! 1.1.2 able shall be ~eeme~
to have consent~ to the use of said stalls by users of or
visitors to the Nlnslo~ ~arf Marina Con~inlu~.
820902013 1 ~[[1259[~ 391
78
8hated ParkirW on Parcel C.
Parcel C aa now constituted incl~es ?l parking
spices, Those spaces
2.1.1 Parking for Minalow I~arf
~arina Condominium
2.1.2 To those shareholders of
#inalow who acquire the
right In liquidation
to expard the above
Marina
2.1.3 Parking for the owners
their agents, employee$~
visitors and lnvit~ea, of
that parcel commonly known
aa the brick building lot~
which la more fully
described on gxhiblt C
attached hereto.
~.lo4 Parking for the owners
their agents, employeee~
visitors and lnvitees, of
that parcel commonly known
as the east lot, ~nich is
more fully described on
8shibit D attached hereto.
Parking for the owners and
their a~enta~ employees,
shall be allocated as relieves
29
-79-
2,1.5
'8209020131
visitors and lnvttees, of
that parcel cc~monly kflo~n
is more fully described
hereto, .23
71 epaces
and for the use et the number of parking spaces In Parcel C as
ehov~ in ¶ 2.1 above~ Is hereby granted to the owners off the
property describe~ in Exhibits C, O and E attached hereto.
2.3 By their signature hereon~ those persons who
acquire the rights described tn I 2.1.2 above shall be deemed
3o N~lntenance n~ Parkin~ Area~,
association shall keep the p~rking areas in good condition and
repair with adequate lighting and shall maintain the surface
areas thereof in a level and smooth condition.
3.2 The association shall periodically bill those
the cost of said maintenance plus overhead of 15k. The chafe
of each of said grantees shall be
820'~020131 ~[[l~S~r~ 393
{o
(k~ers of brick buLldi'ng lot (Bx. C) 9/99 - .09!
East Lot (Ex. D) 6/99 - ,061
Restsurant Lot (Es. R) 23/99 - .232
The remainder of said coats shell be borne by the association.
4. Parkin~ Rules sr~ Modification of Parkinc) Areal.
Nothln~ herein shall pre~ent the ovners of Parcels A and C
f[~ pc~ulgat3~ fr~ t~e to t~e luch Fea~nable zules es
may be si ass/stance to it In operating and maintaining the
parking areas. Said o~era shall also not be preclude~ f=m
altering ~he parking areaa~ or ~ assigning s~cific spaces
to the various 9zan~ees, aa lo~ as any such actions do not
un=easonably interfere ~lth the rights of said grantees to
utilize the parking spaces described herein.
5. 9ecl~ocal Easements for Adjacen~ Parking.
If a~ ~hen the property describ~ in Exhibit F Il b=ilt
a~ operat~ as a parki~ lot~ the o~ers~ agents~ ~ployees~
visitors and tnvl~ees si said property a~ of Parcel C~ and off
all other parties ~lth parkl~ rights therein, shall each be
deemed ~o have an easement for Ingress a~ ~ress and for park-
i~ on the property of the other de~ribe~ herein. ~o~ver~
~he g=an~i~ of such reciprocal salients shall not be con-
strued as authorizl~ an Increase in the n~ber of parkinq
spaces available for use to any party describ~ hereunder.
{. No~Barrier A~reemen~.
NO party shall place any obstacle or barrier In any
location ~ich shall in any way al~er or ~pede the flo~ of
traffic to or fr~ the property covered hereby.
'8209020131 ~[1253~ 354
81
8209020131
'820~020131
8209020131
84
357
'82 09020131
398
820~020
86
'8209020131
'8209020131
~[[1259,r~ 401.
'820902013t
TiCOR TITLE INSURANCE
CERTIFICATE OF OWNERSHIP
J-97714
R. Kent Miller
P.O. Box 10159
Winslow, Wa 98110
c 3T WINSL W
Date: December 14, 1983 at 8:00 a.m. Lt~~
This is a reporte as of the date mentioned above, showing the record
title is vested in: See Exhibit "C"
Covering the following property: See Exhibit "A"
SUBJECT TO:
1. Lien of real estate excise sales tax upon any sale of said premises,
if unpaid.
We note for your information that said premises is within the incorp-
orated City of Winslow. We suggest you check with the Kitsap County
Treasurer's office for the full amount of excise tax due upon the
closing of this transaction.
2. Local improvement assessments, if any levied by the Town of Winslow.
3. Unrecorded Leaseholds, if any, and the ter:ns and conditions thereof.
4. Liability for assessments levied by the Winslow Wharf Condominium
Association which attaches to said premises if unpaid.
Affects Parcel F.
5. The land described is a portion of City of Winslow short plats. Said
land may not be subdivided in any manner within five years without filing
of a final plat.
6. Possible lien of personal property tax which is due and payable upon
any sale of said premises.
7. Liability for matters filed with the clerk of Kitsap County between
December 7, 1983 and December 14, 1983, which are unavailable at this
time. Upon receipt in this office of such matters, we shall supplement
this commitment accordingly.
8. No search has been made as to leasehold interests.
See Exhibit "B" for remainder of exceptions
This report is restricted to the use of the addressee, and is not to be
used as a basis for closing any transaction affecting title to said
property. Liability of the company is limited to the compensation
received therefor.
-Continued-
TicorTitlelnsuranceCompany P,O Box 590 7~Pacif,c Avenue 8remerton, Washinglor, 9B310 206 377 3771
J-97714
Certificate of Ownership
Page 2
NOTE: No search of general taxes or assessments has been made.
Charge: $200.00
Tax : 15.60
DN/cp
COMPANY OF CALIFORNIA
J-97714
EXHIBIT "A"
PARCEL A
That portion of government lot 4, section 27, township 25 north, range
2 east, W.M., in Kitsap County, Washington, described as follows:
Commencing at a concrete monument on the easterly limits of said
government lot 4, from which the northeast corner of said government
lot 4, bears north 0°04'55" east a distance of 936.16 feet; thence
north 0°04'55'' east, along said easterly limits, a distance of 44.57
feet; thence north 89°55'05'' west 20.00 feet to the true point of
beginning (Said point also being the southwest corner of intersection
of the southerly margin of County Road No. 242, with the westerly
margin of County Road No. 259); thence south 0°04'55" west, along said
westerly margin, a distance of 84.51 feet to the southerly margin of
County Road No. 259; thence south 89055'05'' east, along said southerly
margin 20.00 feet to the easterly limits of said government lot 4;
thence south 0°04'55'' west, along said easterly limits and the southerly
projection of said easterly limits, a distance of 16.06 feet; thence
south 85036'24'' west 7.88 feet to the meander line; thence south
51°53'39'' west, along the meander line, a distance of 55.00 feet; thence
south 30007'03'' west 49.77 feet; thence north 0°04'55" east 111.77 feet;
thence north 89°55'05'' west 6.00 feet; thence north 0°04'55" east 66.50
feet to the southerly margin of said County Road No. 242; thence south
89055'05'' east, along said southerly margin, a distance of 62.00 feet
to the true point of beginning;
(Also known as Lot B of Short Plat recorded August 23, 1982 under
auditor's file No. 8208230095)
PARCEL B
That portion of government lot 4, section 26, township 25 north, range
2 east, W.M., in Kitsap County, Washington, and that portion of the
2nd class tidelands situate in front of said government lot 4, section
26, and government lot 4, section 27, township 25 north, range 2 east,
W.M., in Kitsap County, Washington, described as follows:
Commencing at a concrete monument of the westerly limits of said
government lot 4, section 26, from which the northwest corner of said
government lot 4 bears north 0o04'55'' east a distance of 936.16 feet;
thence south 0004'55'` west, along the westerly limits of said govern-
ment lot 4, section 26, a distance of 39.94 feet to the southerly
margin of County Road No. 259 and the true point of beginning; thence
south 89055'05'' east, along said southerly margin, a distance of 20.00
feet to the easterly margin of said county road No. 259; thence north
0o04'55'' east, along said easterly margin, a distance of 172.73 feet;
thence south 89o55'05'' east 89.34 feet; thence north 19015'40'' east
105.88 feet; thence south 89°55'05'' east 70.88 feet; more or less,
to the westerly limits of lot 7, block 6, Stafford's Addition to Winslow
thence south 0°04'55'' west, along said westerly limits of said lot 7,
a distance.of 77.09 feet, more or less, to the southwest corner of said
lot 7; thence south 61°30'25" west, along the southwesterly projection
of the southeasterly limits of said lot 7, a distance of 22.77 feet to
a line 20.00 feet westerly of and parallel to the westerly limits of
lot 6, block 6, said plat of Stafford's Addition to Winslow; thence
south 0004'55'' west, along said parallel line, a distance of 115.96
feet to the meander line; thence north 65°53'55" west along the meander
-Continued-
J-97714
Exhibit "A"
Page 2
Parcel B continued
line, 50.40 feet to an angle point on the meander line; thence south
49°04'55" west, continuing along the meander line, 27.12 feet; thence
south 0°04'55" west 77.51 feet; thence south 85~36'24" west 128.89 feet
to the westerly limits of said government lot 4, section 26; thence
north 0~04'55" east along said westerly limits of said government 4,
section 26, 16.06 feet to the true point of beginning.
(Also known as Parcel A of Short Plat recorded August 23, 1982 under
auditor's file No. 8208230094).
PARCEL C
That portion of government lot 4, section 27, township 25 north, range
2 east, W.M., in Kitsap County, Washington, described as follows:
Commencing at a concrete monument on the easterly limits of said
government lot 4, from which the northeast corner of said government
lot 4, bears north 0~04'55" east a distance of 936.16 feet; thence
north 0°04'55" east, along said easterly limits, a distance of 44.57
feet; thence north 89~55'05" west 20.00 feet to the southwest corner
of the intersection of the southerly margin of County Road No. 242,
with the westerly margin of County Road No. 259; thence continuing
north 89°55'05" west, along the southerly margin of County Road No.
242, a distance of 62.00 feet to the true point of beginning; thence
south 0004'55'' west 66.50 feet; thence north 89°55'05" west 70.00
feet; thence north 0004'55'' east 66.50 feet to the southerly margin
of County Road No. 242; thence south 89055'05'' east, along said
southerly margin, 70.00 feet to the true point of beginning.
(Also known as Lot A of Short Plat recorded August 23, 1982 under
auditor's file No. 8208230095).
PARCEL D
That portion of government lot 4, section 27, township 25 north, range
2 east, W.M., in Kitsap County, Washington, described as follows:
Beginning at a point 235 feet north and 20 feet west of the southeast
corner of said government lot 4; thence north 90 feet; thence west
112 feet; thence south 90 feet; thence east 112 feet to the point of
beginning.
PARCEL E
That portion of government lot 4, section 27, township 25 north, range
2 east, W.M., in Kitsap County, Washington, described as follows:
Co~encing at a concrete monument on the easterly limits of said
government lot 4, from which the northeast corner of said government lot
4 bears north 0°04'55" east a distance of 936.16 feet; thence north
0"04'55" east, along said easterly limits, a distance of 44.57 feet;
thence north 89~55'05'' west 20.00 feet to the southwest corner of the
intersection of the southerly margin of County Road No. 242, with the
westerly margin of County Road No. 259; thence continuing north 89~55'05''
west, along the southerly margin of County RoadNo. 242, a distance of
166.50 feet to the true point of beginning; thence south 0"04'55'' west
144.00 feet; thence north 89°55'05" west t0.00 feet; thence south 0~04'55"
-Continued-
J-97714
Exhibit "A"
Page 3
Parcel E Continued
west 30.00 feet; thence south 89055'05'' east 10.00 feet; thence south
0°04'55" west 67.69 feet to the meander line; thence south 51053'39''
west, along the meander line, 149.50 feet to the easterly limits of the
Anderson property as described in Auditor's file No. 524731; thence
north 0004'55'' east, along the easterly limits of the Anderson property,
a distance of 334.12 feet to the southerly margin of County Road No.
242; thence south 89055'05'' east, along said southerly margin a distance
of 117.50 feet to the true point of beginning.
(Also known as Lot D of short plat recorded August 23, 1982 under
auditor's file No. 8208230095).
PARCEL F
Common areas and facilities as defined in R.C.W. 64.32.010 (6) and
paragraphs 6 and 7 of said Declaration appertaining to said Apartment
and/or Moorage Slip to be determined as provided in paragraph 23.2
and Schedule C of said Declaration of Winslow Wharf Marina Condominium
Phase I, a leasehold condominium located in the leasehold estate
created by those certain leases dated February 1, 1980 and August 1,
1982, recorded March 17, 1980 and September 2, 1982 under auditor's
file Nos. 8003170027, 8209020135 and 8209020145, respectively, as shown
on the plans and survey recorded on September 2, 1982 in volume 3 of
Condominiums, pages 73 through 79, inclusive, under Kitsap County
Auditor's file No. 8209020130, as clarafied under auditor's file No.
8209280059 and as identified by the Declaration recorded on September 2,
1982 under Kitsap County Auditor's file No. 8209020131.
The Apartments and/or Moorage Slips are intended for Moorage purposes
and uses only.
The Post Office address is 141 Parfitt Way, S.W., Winslow, Washington.
J-97714
EXHIBIT "B"
1. Exceptions and reservations contained in deed from the State of
Washington whereby said grantor excepts and reserves all oils, gases,
coal, ores, minerals, fossils, etc., and the right of entry for open-
ing, developing and working mines, etc., provided that no rights shall
be exercised until provision has been made for full payment of all
damages sustained by reason of such entry.
Auditor's No.: 60007 and 61500 Volume/Page: 80-D-415 and 80-D-35~
2. An easement affecting the portion of said premises and for the
purposes stated herein, and incidental purposes.
For: To construct, maintain, repair, replace and enlarge guy wires
and anchors over, on and/or under the right of way together
with all necessary or convenient appurtenances thereto.
In favor of: Puget Sound Power and Light Company, a Washington
corporation
Auditor's No.: 8002200027
Affects a portion of said premises
Grantor shall not construct or maintain any building or other structure
on the right of way and grantor shall do no blasting within 300 feet of
grantee's facilities without grantee's written consent.
3. An easement affecting the portion of said premises and for the
purposes stated herein, and incidental purposes, as disclosed in
instrument or by action herein set forth
For: Installation and maintenance of a septic tank
Disclosed by: Instrument recorded July 31, 1944 under auditor's file
No. 394932
Affects: A portion of Parcel A
4. An easement affecting the portion of said premises and for the
purposes stated herein, and incidental purposes, as disclosed in
instrument or by action herein set forth.
For: Right-of-way and easement to maintain existing fencing and parking
area
In favor of: P. M. Okano
Disclosed by: Warranty Deed recorded April 9, 1976 under auditor's
file No. 1128116
Affects a portion of said premises.
5. Restriction contained in deed recorded on September 2, 1982 under
auditor's file No. 8209020128, as follows:
The property described in Exhibit "A" hereto shall not be used or
operated as a tavern or restaurant or for the dispensing of food or
beverages of any kind for a period of five (5) years from the date
of recording hereon.
Affects Parcels B, C and D.
-Continued-
J-97714
Exhibit "B"
Page 2
6. Recital contained in contract between Winslow Wharf Company, Inc.,
a Washington corporation, as vendor and Gregg E. Magnuson and Sharon
D. Magnuson, husband and wife, as vendee, recorded on December 15,
1981, under auditor's file No. 8112150089, as follows:
Seller is the owner of nearby tidelands and uplands and agrees to
provide purchaser with access to the tidelands hereby conveyed across
the floats and docks of seller located on seller's retained nearby
tidelands and uplands. Seller reserves the right to designate which
docks and floats purchaser shall use for said access, and to change
the designation from time to time. This right of access shall terminate
if purchaser acquired uplands with water access within 1000 feet of
the tidelands hereby conveyed.
7. An easement affecting the portion of said premises and for the
purposes stated herein, and incidental purposes.
For: Right of way and easement to maintain an existing pumphouse
and underground sewer outfall line.
In favor of: City of Winslow
Recorded: March 28, 1975
Auditor's No.: 1095734
Affects: A portion of Parcels B, C and D.
8. Reservation contained in instrument recorded March 23, 1961 under
auditor's file No. 1102949 wherein seller reserves a perpetual right-
of-way and easement over the alley.
Affects: a portion of Parcels B, C and D.
9. Questions as to the location of the lateral boundaries of said
second class tidelands.
10. An easement for constructing and maintaining a concrete enclosure
over and around the trash collection area and for planting and maintaning
landscaping as granted in easement recorded September 2, 1982 under
auditor's file No. 8209020126.
Affects Parcel E.
11. Any lien or liens that may arise or be created in consequence
of or pursuant to an act of the legislature of the State of Washington
entitled "an act prescribing the ways in which waterways for the
uses of navigation may be excavated by private contract, providing
for liens upon lands belonging to the State, granting rights of
way across lands belonging to the State", approved March 9, 1893.
12. Said land or a portion thereof may lie beneath navigable waters.
Any portion of said land which lies or which may in the future lie
beneath navigable waters is subject to rights of navigation.
TOGETHER WITH incidental rights of fishing, boating, swimming, water
skiing and other related recreational purposes, generally regarded as
corollary to the right of navigation and the use of the public waters.
-Continued-
J-97714
Exhibit "B"
Page 3
13. Covenants, conditions and easements contained in Declaration of
Easements and Maintenance Agreement as hereto attached.
Declaration dated: August 1, 1982
Recorded: September 2, 1982
Auditor's No.: 8209020131
Executed by: Winslow Wharf Co., Inc.
Affects Parcel F
14. Covenants conditions, restrictions, easements and assessments
contained in Declaration, as hereto attached.
Declaration dated: August 1, 1982
Recorded: September 2, 1982
Auditor's No.: 8209020131
Executed by: Winslow Wharf Marina Condominium Owner's Association
Affects Parcel F
15. The effect of survey map and plans and/or amendment thereto as
recorded under auditor's file No. 8209020130.
Affects Parcel F.
16. Provisions, limitations, and requirements contained in the
Horizontal property regimes Act, Chapter 156, laws of 1963, as
amended, R.C.W. 64.32.
Affects Parcel F.
17. Any assessment now or hereafter levied under the provisions
contained in the below mentioned Declaration, or as may be established
by any bylaws or amendments adopted thereafter.
Article: 12
Auditor's File No.: 8209020131
Affects Parcel F.
18. Right of ingress and egress over portions of the plat designated
as common area or limited common area and the right to use said areas
for all proper purposes in favor of the other holders of undivided
interests or occupants of the numbered units.
19. Easement for electric transmission and distribution line, granted
to Puget Sound Power and Light Company, a Washington corporation, by
instrument herein described; together with the right to cut brush and
trees on adjacent property, which in the opinion of the grantee
constitutes a menace or danger to the line and the right to enter
adjacent property for the purpos of making repairs to the line.
Recorded: November 29, 1956
Auditor's No.: 651250
Affects: Condominium
J-97714
EXHIBIT "C"
ROCK OF AGES LIMITED PARTNERSHIP, A LIMITED PARTNERSHIP, AS TO PARCEL A;
UPLANDS HOLDING COMPANY, A WASHINGTON GENERAL PARTNERSHIP AS TO PARCELS
B, C AND D.; R. KENT MILLER AND JUDITH MC KEE MILLER, HIS WIFE, AS TO AN
UNDIVIDED 44.1% INTEREST: MC KEE AND SONS, INC., AS TO AN UNDIVIDED 5.9%
INTEREST; THOMAS A. CAMPBELL, AS HIS SEPARATE ESTATE, AS TO AN UNDIVIDED
45.7% INTEREST; AND CRAIG A. CAMPBELL, AS HIS SEPARATE ESTATE, AS TO AN
UNDIVIDED 4.3% INTEREST, AS TO PARCEL E; AND WINSLOW WHARF MARINA CON-
DOMINIUM HOMEOWNER'S ASSOCIATION.
ENDORSEMENT
ISSUED BY
Ticor Title Insurance Company of California
Attached to and forming a part of:
1. Commitment No.
2. Policy of Title Insurance No.
or
3. No. Certificate of Ownership J-97714
WHEREAS, Ticor Title Insurance Company of California, a California corporation, has acquired
permission from the company whose name is shown as issuer or insurer on the document to which
this endorsement is attached to underwrite and assume the obligations and liability thereunder, and,
WHEREAS, Ticor Title Insurance Company of California does, by this endorsement, assume all the
obligations and liability of the company whose name is shown as issuer or insurer of the documents
to which this endorsement is attached.
NOW, THEREFORE, wherever in the commitment, policy, or other document to which this
endorsement is attached the name of a title insurance company other than "Ticor Title Insurance
Company of California" appears as issuer or insurer, that name is hereby amended to the name:
TICOR TITLE INSURANCE COMPANY OF CALIFORNIA
This endorsement, when countersigned below by a Validating Signatory, is made a part of the
commitment, policy, or other document to which it is attached and is subject to all of the terms
and provisions thereof and any prior endorsements thereto. Except to the extent expressly stated,
it neither modifies any of the terms and provisions of the document and prior endorsements, if any,
nor does it extend the effective date of the document and prior endorsements, if any, nor does it
increase the face amount of liability thereof.
IN WITNESS WHEREOF, the Ticor Title Insurance Company of California has caused its corporate
name and seal to be hereunto affixed by its duly authorized officers.
Dated as of the effective date of
the document to which this
endorsement is attached.
Countersigned:
TICOR TITLE INSURANCE COMPANY OF CALIFORNIA
Validating Signatory
Principal Office: 6300 Wilshire Boulevard, P. O. Box 92792, Los Angeles, California 90009
TICOR TITLE INSURANCE
SECOND CERTIFICATE OF OWNERSHIP
J-97714
R. Kent Miller
P. O. Box 10159
Winslow, Wa 98110
Date: January 25, 1984 at 8:00 a.m.
This is a report as of the date mentioned above, showing the record
title is vested in: See Exhibit "C"
Covering the following property: See Exhibit "A"
SUBJECT TO:
-' 1. Lien Of reaI estate exCiSe sales tax Upon any Sale of Said premises,
if unpaid.
We note for your information that said premises is within the incorpor-
ated City of Winslow. We suggest you check with the Kitsap County
Treasurer's Office for the full amount of excise tax due upon the closing
of this transaction.
2. Local improvement assessments, if any, levied by the Town of Winslow.
3. Unrecorded Leaseholds, if any, and the terms and conditions thereof.
4. Liability for assessments levied by the Winslow Wharf Condominium
Association which attaches to said premises if unpaid.
Affects Parcels F, G and H.
5. The land described is a portion of City of Winslow short plats. Said
land may not be subdivided in any manner within five years without filing
of a final plat.
6. Possible lien of personal property tax which is due and payable upon
any sale of said premises.
7. Liability for matters filed with the clerk of Kitsap County between
January 20, 1984 and January 25, 1984, which are unavailable at this
time. Upon receipt in this office of such matters, we shall supplement
this commitment accordingly.
8. No search has been made as to leasehold interests.
See Exhibit "B" for remainder of exceptions
.... ~i~ ~p°~t i~{ricted t6-the '~e bf th& ~ddres~e~ ~n~ is not ~t~ ....
be used as a basis for closing any transaction affecting title to said
property. Liability of the company is limited to the compensation
received therefor.
-Continued-
Ticor Ti'tie Insurance Compa'~ P.O Box 590 706 Pac~,~rc Avenue Breme~lon Washingto,, 97~1(: : '. '
J-97714
Second Certificate of Ownership
Page 2
NOTE: No search of general taxes or assessments has been made.
Charge: $200.00
Tax : 15.60
-- AUTHORIZED SIGNATORY
TICOR TITLE INSURANCE
COMPANY OF CALIFORNIA
DN/cg
J-97714
EXHIBIT "A"
PARCEL A
That portion of government lot 4, section 27, township 25 north, range
2 east, W.M., in Kitsap County, Washington, described as follows:
Commencing at a concrete monument on the easterly limits of said
government lot 4, from which the northeast corner of said government
lot 4, bears north 0°04'55" east a distance of 936.16 feet; thence
north 0004'55'' east, along said easterly limits, a distance of 44.57
feet; thence north 89°55'05" west 20.00 feet to the true point of
beginning (Said point also being the southwest corner of intersection
of the southerly margin of County Road No. 242, with the westerly
margin of County Road No. 259); thence south 0~04'55" west, along said
westerly margin, a distance of 84.51 feet to the southerly margin of
County Road No. 259; thence south 89~55'05" east, along said southerly
margin 20.00 feet to the easterly limits of said government lot 4;
thence south 0004'55'' west, along said easterly limits and the southerly
projection of said easterly limits, a distance of 16.06 feet; thence
south 85036'24'' west 7.88 feet to the meander line; thence south
51053'39'' west, along the meander line, a distance of 55.00 feet; thence
south 30007'03'' west 49.77 feet; thence north 0:04'55'' east 111.77 feet;
thence north 89055'05'' west 6.00 feet; thence north 0°04'55" east 66.50
feet to the southerly margin of said County Road No. 242; thence south
89055'05'' east, along said southerly margin, a distance of 62.00 feet
to the true point of beginning;
(Also known as Lot B of Short Plat recorded August 23, 1982 under
auditor's file No. 8208230095)
PARCEL B
That portion of government lot 4, section 26, township 25 north, range
2 east, W.M., in Kitsap County, Washington, and that portion of the
2nd class tidelands situate in front of said government lot 4, section
26, and government lot 4, section 27, township 25 north, range 2 east,
W.M., in Kitsap County, Washington, described as follows:
Commencing at a concrete monument of the westerly limits of said
government lot 4, section 26, from which the northwest corner of said
government lot 4 bears north 0°04'55'' east a distance of 936.16 feet;
thence south 0004'55'' west, along the westerly limits of said govern-
ment lot 4, section 26, a distance of 39.94 feet to the southerly
margin of County Road No. 259 and the true point of beginning; thence
south 89055'05'' east, along said southerly margin, a distance of 20.00
feet to the easterly margin of said county road No. 259; thence north
0:04'55'' east, along said easterly margin, a distance of 172.73 feet;
thence south 89055'05'' east 89.34 feet; thence north 19015'40'' east
105.88 feet; thence south 89°55'05" east 70.88 feet; more or less,
to the westerly limits of lot 7, block 6, Stafford's Addition to Winslow
- -th~ce sou~h D°D4'~5', west, ~long said~sterly limi~s~aid lot 7,
a distanceof 77.09 feet, more or less, to the southwest corner of said
lot 7; thence south 61030'25'' west, along the southwesterly projection
of the southeasterly limits of said lot 7, a distance of 22.77 feet to
a line 20.00 feet westerly of and parallel to the westerly limits of
lot 6, block 6, said plat of Stafford's Addition to Winslow; thence
south 0004'55'' west, along said parallel line, a distance of 115.96
feet to the meander line; thence north 65053'55'' west along the meander
-Continued-
J-97714
Exhibit "A"
Page 2
Parcel B continued
line, 50.40 feet to an angle point on the meander line; thence south
49°04'55'' west, continuing along the meander line, 27.12 feet; thence
south 0°04'55'' west 77.51 feet; thence south 85°36'24'' west 128.89 feet
to the westerly limits of said government lot 4, section 26; thence
north 0~04'55" east along said westerly limits of said government 4,
section 26, 16.06 feet to the true point of beginning.
(Also known as Parcel A of Short Plat recorded August 23, 1982 under
auditor's file No. 8208230094).
PARCEL C
That portion of government lot 4, section 27, township 25 north, range
2 east, W.M., in Kitsap County, Washington, described as follows:
Commencing at a concrete monument on the easterly limits of said
government lot 4, from which the northeast corner of said government
lot 4, bears north 0~04'55" east a distance of 936.16 feet; thence
north 0~04'55'' east, along said easterly limits, a distance of 44.57
feet; thence north 89055'05'' west 20.00 feet to the southwest corner
of the intersection of the southerly margin of County Road No. 242,
with the westerly margin of County Road No. 259; thence continuing
north 89°55'05" west, along the southerly margin of County Road No.
242, a distance of 62.00 feet to the true point of beginning; thence
south 0~04'55'' west 66.50 feet; thence north 89055'05'' west 70.00
feet; thence north 0004'55'' east 66.50 feet to the southerly margin
of County Road No. 242; thence south 89055'05'' east, along said
southerly margin, 70.00 feet to the true point of beginning.
(Also known as Lot A of Short Plat recorded August 23, 1982 under
auditor's file No. 8208230095).
PARCEL D
That portion of government lot 4, section 27, township 25 north, range
2 east, W.M., in Kitsap County, Washington, described as follows:
Beginning at a point 235 feet north and 20 feet west of the southeast
corner of said government lot 4; thence north 90 feet; thence west
112 feet; thence south 90 feet; thence east 112 feet to the point of
beginning.
PARCEL E
That portion of government lot 4, section 27, township 25 north, range
2 east, W.M., in Kitsap County, Washington, described as follows:
Commencing at a concrete monument on the easterly limits of said
government lot 4, from which the northeast corner of said government lot
4 bears north 0°04'55'' east a distance of 936.16 feet; thence north
0:04'55'' east, along said easterly limits, a distance of 44.57 feet;
-thence north 89~55~05" wes~ ~0.q~0 ~ee~ ~o-%he southwest ~orner of the ........
intersection of the southerly margin of County Road No. 242, with the
westerly margin of County Road NO. 259; thence continuing north 89055'05''
west, along the southerly margin of County RoadNo. 242, a distance of
166.50 feet to the true point of beginning; thence south 0004'55`' west
144.00 feet; thence north 89~55'05" west 10.00 feet; thence south 0~04'55''
-Continued-
J-97714
Exhibit "A"
Page 3
Parcel E Continued
west 30.00 feet; thence south 89055'05'' east 10.00 feet; thence south
0004'55'' west 67.69 feet to the meander line; thence south 51053'39''
west, along the meander line, 149.50 feet to the easterly limits of the
Anderson property as described in Auditor's file No. 524731; thence
north 0004'55'' east, along the easterly limits of the Anderson property,
a distance of 334.12 feet to the southerly margin of County Road No.
242; thence south 89055'05'' east, along said southerly margin a distance
of 117.50 feet to the true point of beginning.
(Also known as Lot D of short plat recorded August 23, 1982 under
auditor's file No. 8208230095).
PARCEL F
That portion of government lot 4, section 27, township 25 north,
range 2 east, W.M., in Kitsap County, Washington; and that portion
of second class tidelands situate in front of said government lot
4, section 27, and government lot 1, section 34, township 25 north,
range 2 east, W.M., in Kitsap County, Washington, more particularly
described as follows:
Commencing at a concrete monument on the easterly limits of said
government lot 4,from which the northeast corner of said government
lot 4 bears north 0004'55'' east a distance of 936.16 feet; thence
south 0004'55'' west along said easterly limits, and the southerly
projection of said easterly limits, a distance of 56.00 feet to the
true point of beginning; thence continuing along said southerly
projection of the easterly limits 130 feet more or less to the line
of extreme low tide; thence westerly along the line of extreme low
tide to the intersection of a line which bears south 14021'44'' east
from the meander corner between said government lot 4 and said
government lot 1; thence north 14021'44'' west to said meander corner;
thence north 51053'39'' east along the meander line a distance of
218.49 feet; thence north 0004'55'' east 67.69 feet; thence north
89055'05" west 10.00 feet; thence north 0004'55'' east 30.00 feet;
thence south 89055'05'' east 10.00 feet; thence north 0004'55'` east
144.00 feet to the south line of County Road No. 242; thence south
89055'05'' east along said south line a distance of 34.50 feet;
thence south 0004'55'' west 66.50 feet; thence south 89055'05'' east
76.00 feet; thence south 0°04'55" west 111.77 feet; thence north
30007'03'' east 49.77 feet to the meander line; thence north 51053'39''
east along the meander line a distance of 55.00 feet; thence north
85036'24'' east 7.88 feet to the true point of beginning.
PARCEL G
That portion of government lot 4, section 26, township 25 north,
range 2 east, W.M., in Kitsap County, Washington; and ~'that~portion -
of the second class tidelands situate in front of said government
lot 4, section 26, and government lot 4, section 27, township 25
north, range 2 east, W.M., in Kitsap County, Washington more
particularly described as follows:
-Continued-
J-97714
Exhibit "A"
Page 4
Exhibit G continued
Commencing at a concrete monument on the westerly limits of said
government lot 4, section 26, from which the northwest corner of
said government lot 4, section 26, bears north 0°04'55" east a
distance of 936.16 feet; thence south 0o04'55'' west along said
westerly limits, and the southerly projection of said westerly
limits, a distance of 56.00 feet to the true point of beginning;
thence north 85°36'24" east 128.89 feet; thence north 0°04'55''
east 77.51 feet to the meander line; thence north 49004'55" east
along the meander line 27.12 feet to an angle point on the meander
line; thence south 65°53'55'' east along the meander line 50.40
feet to a line 20.00 feet westerly of and parallel to the westerly
limits of lot 6, block 6, Stafford's Addition to Winslow; thence
south 7°53'37'' east 175 feet, more or less, to the line of extreme
low tide; thence westerly along the line of extreme low tide to the
intersection of the southerly projection of the westerly limits of
said government lot 4, section 26; thence north 0°04'55" east
along said southerly projection a distance of 130 feet, more or
less, to the true point of beginning.
PARCEL H
That portion of government lot 4, section 27, township 25 north,
range 2 east, W.M., in Kitsap County, Washington, described as
follows:
Commencing at a concrete monument on the easterly limits of said
government lot 4, from which the northeast corner of said government
lot 4 bears north 0°04'55'' east a distance of 936.16 feet; thence
north 0004'55'' east 84.57 feet; thence north 89o55'05'' west 20.00
feet to the true point of beginning (Said point also being the
northwest corner of the intersection of the north line of County
Road No. 242, with the west line of County Road No. 259); thence
north 0~04'55'' east along the west line of County Road No. 259 a
distance of 100.00 feet; thence north 89055'05'' west 284.00 feet;
thence south 0o04'55'' west 100.00 feet to the north line of County
Road No. 242; thence south 89°55'05" east along said north line a
distance of 284.00 feet to the true point of beginning.
J-97714 EXHIBIT "B"
1. Exceptions and reservations contained in deed from the State of
Washington whereby said grantor excepts and reserves all oils, gases,
coal, ores, minerals, fossils, etc., and the right of entry for open-
ing, developing and working mines, etc., provided that no rights shall
be exercised until provision has been made for full payment of all
damages sustained by reason of such entry.
Auditor's No.: 60007 and 61500 Volume/Page: 80-D-415 and 80-D-358
2. An easement affecting the portion of said premises and for the
purposes stated herein, and incidental purposes.
For: To construct, maintain, repair, replace and enlarge guy wires
and anchors over, on and/or under the right of way together
with all necessary or convenient appurtenances thereto.
In favor of: Puget Sound Power and Light Company, a Washington
corporation
Auditor's No.: 8002200027
Affects a portion of said premises
Grantor shall not construct or maintain any building or other structure
on the right of way and grantor shall do no blasting within 300 feet of
grantee's facilities without grantee's written consent.
3. An easement affecting the portion of said premises and for the
purposes stated herein, and incidental purposes, as disclosed in
instrument or by action herein set forth
For: Installation and maintenance of a septic tank
Disclosed by: Instrument recorded July 31, 1944 under auditor's file
No. 394932
Affects: A portion of Parcel A
4. An easement affecting the portion of said premises and for the
purposes stated herein, and incidental purposes, as disclosed in
instrument or by action herein set forth.
For: Right-of-way and easement to maintain existing fencing and parking
area
In favor of: P. M. Okano
Disclosed by: Warranty Deed recorded April 9, 1976 under auditor's
file No. 1128116
Affects a portion of said premises.
5. Restriction contained in deed recorded on September 2, 1982 under
auditor's file No. 8209020128, as follows:
The property described in Exhibit "A" hereto shall not be used or
operated as a tavern or restaurant or for the dispensing of food or
beverages of any kind for a period of five (5) years from the date
of ~ecording hereon.
Affects Parcels B, C and D.
-Continued-
J-97714
Exhibit "B"
Page 2
6. Recital contained in contract between Winslow Wharf Company, Inc.,
a Washington corporation, as vendor and Gregg E. Magnuson and Sharon
D. Magnuson, husband and wife, as vendee, recorded on December 15,
1981, under auditor's file No. 8112150089, as follows:
Seller is the owner of nearby tidelands and uplands and agrees to
provide purchaser with access to the tidelands hereby conveyed across
the floats and docks of seller located on seller's retained nearby
tidelands and uplands. Seller reserves the right to designate which
docks and floats purchaser shall use for said access, and to change
the designation from time to time. This right of access shall terminate
if purchaser acquired uplands with water access within 1000 feet of
the tidelands hereby conveyed.
7. An easement affecting the portion of Said ~remi~es and f~r the
purposes stated herein, and incidental purposes.
For: Right of way and easement to maintain an existing pumphouse
and underground sewer outfall line.
In favor of: City of Winslow
Recorded: March 28, 1975
Auditor's No.: 1095734
Affects: A portion of Parcels B, C and D.
8. Reservation contained in instrument recorded March 23, 1961 under
auditor's file No. 1102949 wherein seller reserves a perpetual right-
of-way and easement over the alley.
Affects: a portion of Parcels B, C and D.
9. Questions as to the location of the lateral boundaries of said
second class tidelands.
10. An easement for constructing and maintaining a concrete enclosure
over and around the trash collection area and for planting and maintaning
landscaping as granted in easement recorded September 2, 1982 under
auditor's file No. 8209020126.
Affects Parcel E.
11. Any lien or liens that may arise or be created in consequence
of or pursuant to an act of the legislature of the State of Washington
entitled "an act prescribing the ways in which waterways for the
uses of navigation may be excavated by private contract, providing
for liens upon lands belonging to the State, granting rights of
way across lands belonging to the State", approved March 9, 1893.
12. Said land or a portion thereof may lie beneath navigable waters.
Any portion of'said-land which~iesbrwhic~'ma~-i~~U-ture-/ie
beneath navigable waters is subject to rights of navigation.
TOGETHER WITH incidental rights of fishing, boating, swimming, water
skiing and other related recreational purposes, generally regarded as
corollary to the right of navigation and the use of the public waters.
-Continued-
J-97714
Exhibit "B"
Page 3
13. Covenants, conditions and easements contained in Declaration of
Easements and Maintenance Agreement as hereto attached.
Declaration dated: August 1, 1982
Recorded: September 2, 1982
Auditor's No.: 8209020131
Executed by: Winslow Wharf Co., Inc.
Affects Parcel F
14. Covenants conditions, restrictions, easements and assessments
contained in Declaration, as hereto attached.
Declaration dated: August 1, 1982
Recorded: September 2, 1982
Auditor's No.: 8209020131 ~
Executed by: Winslow Wharf Marina Condominium Owner's Association
Affects Parcel F
15. The effect of survey map and plans and/or amendment thereto as
recorded under auditor's file No. 8209020130.
Affects Parcel F.
16. Provisions, limitations, and requirements contained in the
Horizontal property regimes Act, Chapter 156, laws of 1963, as
amended, R.C.W. 64.32.
Affects Parcel F.
17. Any assessment now or hereafter levied under the provisions
contained in the below mentioned Declaration, or as may be established
by any bylaws or amendments adopted thereafter.
Article: 12
Auditor's File No.: 8209020131
Affects Parcel F.
18. Right of ingress and egress over portions of the plat designated
as common area or limited common area and the right to use said areas
for all proper purposes in favor of the other holders of undivided
interests or occupants of the numbered units.
19. Easement for electric transmission and distribution line, granted
to Puget Sound Power and Light Company, a Washington corporation, by
instrument herein described; together with the right to cut brush and
trees on adjacent property, which in the opinion of the grantee
constitutes a menace or danger to the line and the right to enter
adjacent property for the purpos of making repairs to the line.
- ---Recorded: ~ovember 29,~-t956 .......
Auditor's No.: 651250
Affects: Condominium
J-97714
EXHIBIT "C"
ROCK OF AGES LIMITED PARTNERSHIP, A LIMITED PARTNERSHIP, AS TO PARCEL A;
UPLANDS HOLDING COMPANY, A WASHINGTON GENERAL PARTNERSHIP AS TO PARCELS
B, C AND D.; R. KENT MILLER AND JUDITH MC KEE MILLER, HIS WIFE, AS TO AN
UNDIVIDED 44.1% INTEREST: MC KEE AND SONS, INC., AS TO AN UNDIVIDED 5.9%
INTEREST; THOMAS A. CAMPBELL, AS HIS SEPARATE ESTATE, AS TO AN UNDIVIDED
45.7% INTEREST; AND CRAIG A. CAMPBELL, AS HIS SEPARATE ESTATE, AS TO AN
UNDIVIDED 4.3% INTEREST, AS TO PARCEL E; AND WINSLOW WHARF MARINA CON-
DOMINIUM HOMEOWNER'S ASSOCIATION, AS TO PARCELS F, G AND H.
TO 247.1 ~ TICCA (9-83) ·
ENDORSEMENT
ISSUED BY
Ticor Title Insurance Company of California
Attached to and forming a part of:
1. Commitment No.
2. Policy of Title Insurance No.
or
SECOND CERTIFICATE OF
3. r~w~,~q~ T ~ No. J-97714
WHEREAS, Ticor Title Insurance Company of California, a California corporation, has acquired
permission from the company whose name is shown as issuer or insurer on the document to which
this endorsement is attached to underwrite and assume the obligations and liability thereunder, and,
WHEREAS, Ticor Title Insurance Company of California does, by this endorsement, assume all the
obligations and liability of the company whose name is shown as issuer or insurer of the documents
to which this endorsement is attached.
NOW, THEREFORE, wherever in the commitment, policy, or other document to which this
endorsement is attached the name of a title insurance company other than "Ticor Title Insurance
Company of California" appears as issuer or insurer, that name is hereby amended to the name:
TICOR TITLE INSURANCE COMPANY OF CALIFORNIA
This endorsement, when countersigned below by a Validating Signatory, is made a part of the
commitment, policy, or other document to which it is attached and is subject to all of the terms
and provisions thereof and any prior endorsements thereto. Except to the extent expressly stated,
it neither modifies any of the terms and provisions of the document and prior endorsements, if any,
nor does it extend the effective date of the document and prior endorsements, if any, nor does it
increase the face amount of liability thereof.
IN WITNESS WHEREOF, the Ticor Title Insurance Company of California has caused its corporate
name and seal to be hereunto affixed by its duly authorized officers.
Dated as of the effective date of
the document to which this
endorsement is attached.
TICOR TITLE INSURANCE COMPANY OF CALIFORNIA
Countersigned: Attest Secretary
Validati~g Signat oD'
Principal Office: 6300 Wilshire Boulevard, P. O. Box 92792, Los Angeles, California 90009
YiCOR TITLE INSURANCE
CERTIFICATE OF OWNERSHIP
J-97714
R. Kent Miller
P.O. Box 10159
Winslow, Wa 98110
Date: December 14, 1983 at 8:00 a.m.
This is a reporte as of the date mentioned above, showing the record
title is vested in: See Exhibit "C"
Covering the following property: See Exhibit "A"
SUBJECT TO:
1. Lien of real estate excise sales tax upon any sale of said premises,
if unpaid.
We note for your information that said premises is within the incorp-
orated City of Winslow. We suggest you check with the Kitsap County
Treasurer's office for the full amount of excise tax due upon the
closing of this transaction.
o
Local improvement assessments, if any levied by the Town of Winslow.
Unrecorded Leaseholds, if any, and the terms and conditions thereof.
Liability for assessments levied by the Winslow Wharf Condominium
Association which attaches to said premises if unpaid.
Affects Parcel F.
5. The land described is a portion of City of Winslow short plats. Said
land may not be subdivided in any manner within five years without filing
of a final plat.
6. Possible lien of personal property tax which is due and payable upon
any sale of said premises.
7. Liability for matters filed with the clerk of Kitsap County between
December 7, 1983 and December 14, 1983, which are unavailable at this
time. Upon receipt in this office of such matters, we shall supplement
this commitment accordingly.
8. No search has been made as to leasehold interests.
See Exhibit "B" for remainder of exceptions
This report is restricted to the use of the addressee, and is not to be
used as a basis for closing any transaction affecting title to said
property. Liability of the company is limited to the compensation
received therefor.
-Continued-
Ticor Title Insurance Company P.O Box 590 706 Pacit,c Aver~ue Bremerton, Washingtor, 98310 206 37/ ~771
J-97714
Certificate of Ownership
Page 2
NOTE: No search of general taxes or assessments has been made.
Charge: $200.00
Tax : 15.60 BY
DN/cp
AUTHORIZED SIGNATORY
TICOR TITLE INSURANCE
COMPANY OF CALIFORNIA
J-97714 EXHIBIT "A"
PARCEL A
That portion of government lot 4, section 27, township 25 north, range
2 east, W.M., in Kitsap County, Washington, described as follows:
Commencing at a concrete monument on the easterly limits of said
government lot 4, from which the northeast corner of said government
lot 4, bears north 0004'55'' east a distance of 936.16 feet; thence
north 0004'55'' east, along said easterly limits, a distance of 44.57
feet; thence north 89055'05'' west 20.00 feet to the true point of
beginning (Said point also being the southwest corner of intersection
of the southerly margin of County Road No. 242, with the westerly
margin of County Road No. 259); thence south 0004'55'' west, along said
westerly margin, a distance of 84.51 feet to the southerly margin of
County Road No. 259; thence south 89055'05'' east, along said southerly
margin 20.00 feet to the easterly limits of said government lot 4;
thence south 0004'55'' west, along said easterly limits and the southerly
projection of said easterly limits, a distance of 16.06 feet; thence
south 85036'24'' west 7.88 feet to the meander line; thence south
51053'39'' west, along the meander line, a distance of 55.00 feet; thence
south 30007'03'' west 49.77 feet; thence north 0004'55'' east 111.77 feet;
thence north 89055'05'' west 6.00 feet; thence north 0004'55'' east 66.50
feet to the southerly margin of said County Road No. 242; thence south
89°55'05'' east, along said southerly margin, a distance of 62.00 feet
to the true point of beginning;
(Also known as Lot B of Short Plat recorded August 23, 1982 under
auditor's file No. 8208230095)
PARCEL B
That portion of government lot 4, section 26, township 25 north, range
2 east, W.M., in Kitsap County, Washington, and that portion of the
2nd class tidelands situate in front of said government lot 4, section
26, and government lot 4, section 27, township 25 north, range 2 east,
W.M., in Kitsap County, Washington, described as follows:
Commencing at a concrete monument of the westerly limits of said
government lot 4, section 26, from which the northwest corner of said
government lot 4 bears north 0004'55'' east a distance of 936.16 feet;
thence south 0°04'55'' west, along the westerly limits of said govern-
ment lot 4, section 26, a distance of 39.94 feet to the southerly
margin of County Road No. 259 and the true point of beginning; thence
south 89055'05'' east, along said southerly margin, a distance of 20.00
feet to the easterly margin of said county road No. 259; thence north
0004'55'' east, along said easterly margin, a distance of 172.73 feet;
thence south 89055'05'' east 89.34 feet; thence north 19°15'40" east
105.88 feet; thence south 89°55'05" east 70.88 feet; more or less,
to the westerly limits of lot 7, block 6, Stafford's Addition to Winslow
thence south 0004'55'` west, along said westerly limits of said lot 7,
a distanceof 77.09 feet, more or less, to the southwest corner of said
lot 7; thence south 61030'25'' west, along the southwesterly projection
of the southeasterly limits of said lot 7, a distance of 22.77 feet to
a line 20.00 feet westerly of and parallel to the westerly limits of
lot 6, block 6, said plat of Stafford's Addition to Winslow; thence
south 0004'55'' west, along said parallel line, a distance of 115.96
feet to the meander line; thence north 65053'55'' west along the meander
-Continued-
J-97714
Exhibit "A"
Page 2
Parcel B continued
line, 50.40 feet to an angle point on the meander line; thence south
49°04'55'' west, continuing along the meander line, 27.12 feet; thence
south 0004'55'' west 77.51 feet; thence south 85036'24" west 128.89 feet
to the westerly limits of said government lot 4, section 26; thence
north 0004'55'' east along said westerly limits of said government 4,
section 26, 16.06 feet to the true point of beginning.
(Also known as Parcel A of Short Plat recorded August 23, 1982 under
auditor's file No. 8208230094).
PARCEL C
That portion of government lot 4, section 27, township 25 north, range
2 east, W.M., in Kitsap County, Washington, described as follows:
Commencing at a concrete monument on the easterly limits of said
government lot 4, from which the northeast corner of said government
lot 4, bears north 0°04'55" east a distance of 936.16 feet; thence
north 0°04'55" east, along said easterly limits, a distance of 44.57
feet; thence north 89055'05'' west 20.00 feet to the southwest corner
of the intersection of the southerly margin of County Road No. 242,
with the westerly margin of County Road No. 259; thence continuing
north 89055'05'' west, along the southerly margin of County Road No.
242, a distance of 62.00 feet to the true point of beginning; thence
south 0004'55'' west 66.50 feet; thence north 89055'05'' west 70.00
feet; thence north 0004'55'' east 66.50 feet to the southerly margin
of County Road No. 242; thence south 89055'05'' east, along said
southerly margin, 70.00 feet to the true point of beginning.
(Also known as Lot A of Short Plat recorded August 23, 1982 under
auditor's file No. 8208230095).
PARCEL D
That portion of government lot 4, section 27, township 25 north, range
2 east, W.M., in Kitsap County, Washington, described as follows:
Beginning at a point 235 feet north and 20 feet west of the southeast
corner of said government lot 4; thence north 90 feet; thence west
112 feet; thence south 90 feet; thence east 112 feet to the point of
beginning.
PARCEL E
That portion of government lot 4, section 27, township 25 north, range
2 east, W.M., in Kitsap County, Washington, described as follows:
Cormmencing at a concrete monument on the easterly limits of said
government lot 4, from which the northeast corner of said government lot
4 bears north 0°04'55'' east a distance of 936.16 feet; thence north
0004'55'' east, along said easterly limits, a distance of 44.57 feet;
thence north 89055'05'' west 20.00 feet to the southwest corner of the
intersection of the southerly margin of County Road No. 242, with the
westerly margin of County Road No. 259; thence continuing north 89055'05'`
west, along the southerly margin of County RoadNo. 242, a distance of
166.50 feet to the true point of beginning; thence south 0°04'55" west
144.00 feet; thence north 89055'05'' west 10.00 feet; thence south 0004'55''
-Continued-
J-97714
Exhibit "A"
Page 3
Parcel E Continued
west 30.00 feet; thence south 89055'05'' east 10.00 feet; thence south
0004'55'' west 67.69 feet to the meander line; thence south 51°53'39"
west, along the meander line, 149.50 feet to the easterly limits of the
Anderson property as described in Auditor's file No. 524731; thence
north 0°04'55'' east, along the easterly limits of the Anderson property,
a distance of 334.12 feet to the southerly margin of County Road No.
242; thence south 89~55'05'' east, along said southerly margin a distance
of 117.50 feet to the true point of beginning.
(Also known as Lot D of short plat recorded August 23, 1982 under
auditor's file No. 8208230095).
PARCEL F
Common areas and facilities as defined in R.C.W. 64.32.010 (6) and
paragraphs 6 and 7 of said Declaration appertaining to said Apartment
and/or Moorage Slip to be determined as provided in paragraph 23.2
and Schedule C of said Declaration of Winslow Wharf Marina Condominium
Phase I, a leasehold condominium located in the leasehold estate
created by those certain leases dated February 1, 1980 and August 1,
1982, recorded March 17, 1980 and September 2, 1982 under auditor's
file Nos. 8003170027, 8209020135 and 8209020145, respectively, as shown
on the plans and survey recorded on September 2, 1982 in volume 3 of
Condominiums, pages 73 through 79, inclusive, under Kitsap County
Auditor's file No. 8209020130, as clarafied under auditor's file No.
8209280059 and as identified by the Declaration recorded on September 2,
1982 under Kitsap County Auditor's file No. 8209020131.
The Apartments and/or Moorage Slips are intended for Moorage purposes
and uses only.
The Post Office address is 141 Parfitt Way, S.W., Winslow, Washington.
J-97714 EXHIBIT "B"
1. Exceptions and reservations contained in deed from the State of
Washington whereby said grantor excepts and reserves all oils, gases,
coal, ores, minerals, fossils, etc., and the right of entry for open-
ing, developing and working mines, etc., provided that no rights shall
be exercised until provision has been made for full payment of all
damages sustained by reason of such entry.
Auditor's No.: 60007 and 61500 Volume/Page: 80-D-415 and 80-D-358
2. An easement affecting the portion of said premises and for the
purposes stated herein, and incidental purposes.
For: To construct, maintain, repair, replace and enlarge guy wires
and anchors over, on and/or under the right of way together
with all necessary or convenient appurtenances thereto.
In favor of: Puget Sound Power and Light Company, a Washington
corporation
Auditor's No.: 8002200027
Affects a portion of said premises
Grantor shall not construct or maintain any building or other structure
on the right of way and grantor shall do no blasting within 300 feet of
grantee's facilities without grantee's written consent.
3. An easement affecting the portion of said premises and for the
purposes stated herein, and incidental purposes, as disclosed in
instrument or by action herein set forth
For: Installation and maintenance of a septic tank
Disclosed by: Instrument recorded July 31, 1944 under auditor's file
No. 394932
Affects: A portion of Parcel A
4. An easement affecting the portion of said premises and for the
purposes stated herein, and incidental purposes, as disclosed in
instrument or by action herein set forth.
For: Right-of-way and easement to maintain existing fencing and parking
area
In favor of: P. M. Okano
Disclosed by: Warranty Deed recorded April 9, 1976 under auditor's
file No. 1128116
Affects a portion of said premises.
5. Restriction contained in deed recorded on September 2, 1982 under
auditor's file No. 8209020128, as follows:
The property described in Exhibit "A" hereto shall not be used or
operated as a tavern or restaurant or for the dispensing of food or
beverages of any kind for a period of five (5) years from the date
of recording hereon.
Affects Parcels B, C and D.
-Continued-
J-97714
Exhibit "B"
Page 2
6. Recital contained in contract between Winslow Wharf Company, Inc.,
a Washington corporation, as vendor and Gregg E. Magnuson and Sharon
D. Magnuson, husband and wife, as vendee, recorded on December 15,
1981, under auditor's file No. 8112150089, as follows:
Seller is the owner of nearby tidelands and uplands and agrees to
provide purchaser with access to the tidelands hereby conveyed across
the floats and docks of seller located on seller's retained nearby
tidelands and uplands. Seller reserves the right to designate which
docks and floats purchaser shall use for said access, and to change
the designation from time to time. This right of access shall terminate
if purchaser acquired uplands with water access within 1000 feet of
the tidelands hereby conveyed.
7. An easement affecting the portion of said premises and for the
purposes stated herein, and incidental purposes.
For: Right of way and easement to maintain an existing pumphouse
and underground sewer outfall line.
In favor of: City of Winslow
Recorded: March 28, 1975
Auditor's No.: 1095734
Affects: A portion of Parcels B, C and D.
8. Reservation contained in instrument recorded March 23, 1961 under
auditor's file No. 1102949 wherein seller reserves a perpetual right-
of-way and easement over the alley.
Affects: a portion of Parcels B, C and D.
9. Questions as to the location of the lateral boundaries of said
second class tidelands.
10. An easement for constructing and maintaining a concrete enclosure
over and around the trash collection area and for planting and maintaning
landscaping as granted in easement recorded September 2, 1982 under
auditor's file No. 8209020126.
Affects Parcel E.
11. Any lien or liens that may arise or be created in consequence
of or pursuant to an act of the legislature of the State of Washington
entitled "an act prescribing the ways in which waterways for the
uses of navigation may be excavated by private contract, providing
for liens upon lands belonging to the State, granting rights of
way across lands belonging to the State", approved March 9, 1893.
12. Said land or a portion thereof may lie beneath navigable waters.
Any portion of said land which lies or which may in the future lie
beneath navigable waters is subject to rights of navigation.
TOGETHER WITH incidental rights of fishing, boating, swimming, water
skiing and other related recreational purposes, generally regarded as
corollary to the right of navigation and the use of the public waters.
-Continued-
J-97714
Exhibit "B"
Page 3
13. Covenants, conditions and easements contained in Declaration of
Easements and Maintenance Agreement as hereto attached.
Declaration dated: August 1, 1982
Recorded: September 2, 1982
Auditor's No.: 8209020131
Executed by: Winslow Wharf Co., Inc.
Affects Parcel F
14. Covenants conditions, restrictions, easements and assessments
contained in Declaration, as hereto attached.
Declaration dated: August 1, 1982
Recorded: September 2, 1982
Auditor's No.: 8209020131
Executed by: Winslow Wharf Marina Condominium Owner's Association
Affects Parcel F
15. The effect of survey map and plans and/or amendment thereto as
recorded under auditor's file No. 8209020130.
Affects Parcel F.
16. Provisions, limitations, and requirements contained in the
Horizontal property regimes Act, Chapter 156, laws of 1963, as
amended, R.C.W. 64.32.
Affects Parcel F.
17. Any assessment now or hereafter levied under the provisions
contained in the below mentioned Declaration, .or as may be established
by any bylaws or amendments adopted thereafter.
Article: 12
Auditor's File No.: 8209020131
Affects Parcel F.
18. Right of ingress and egress over portions of the plat designated
as common area or limited common area and the right to use said areas
for all proper purposes in favor of the other holders of undivided
interests or occupants of the numbered units.
19. Easement for electric transmission and distribution line, granted
to Puget Sound Power and Light Company, a Washington corporation, by
instrument herein described; together with the right to cut brush and
trees on adjacent property, which in the opinion of the grantee
constitutes a menace or danger to the line and the right to enter
adjacent property for the purpos of making repairs to the line.
Recorded: November 29, 1956
Auditor's No.: 651250
Affects: Condominium
J-97714
EXHIBIT "C"
ROCK OF AGES LIMITED PARTNERSHIP, A LIMITED PARTNERSHIP, AS TO PARCEL A;
UPLANDS HOLDING COMPANY, A WASHINGTON GENERAL PARTNERSHIP AS TO PARCELS
B, C AND D.; R. KENT MILLER AND JUDITH MC KEE MILLER, HIS WIFE, AS TO AN
UNDIVIDED 44.1% INTEREST: MC KEE AND SONS, INC., AS TO AN UNDIVIDED 5.9%
INTEREST; THOMAS A. CAMPBELL, AS HIS SEPARATE ESTATE, AS TO AN UNDIVIDED
45.7% INTEREST; AND CRAIG A. CAMPBELL, AS HIS SEPARATE ESTATE, AS TO AN
UNDIVIDED 4.3% INTEREST, AS TO PARCEL E; AND WINSLOW WHARF MARINA CON-
DOMINIUM HOMEOWNER'S ASSOCIATION.
TO 2471 TTICCA
ENDORSEMENT
ISSUED BY
Ticor Title Insurance Company of California
Attached to and forming a part of:
1. Commitment No.
2. Policy of Title Insurance No.
or
No. Certificate of Ownership J-97714
WHEREAS, Ticor Title Insurance Company of California, a California corporation, has acquired
permission from the company whose name is shown as issuer or insurer on the document to which
this endorsement is attached to underwrite and assume the obligations and liability thereunder, and,
WHEREAS, Ticor Title Insurance Company of California does, by this endorsement, assume all the
obligations and liability of the company whose name is shown as issuer or insurer of the documents
to which this endorsement is attached.
NOW, THEREFORE, wherever in the commitment, policy, or other document to which this
endorsement is attached the name of a title insurance company other than "Ticor Title Insurance
Company of California" appears as issuer or insurer, that name is hereby amended to the name:
TICOR TITLE INSURANCE COMPANY OF CALIFORNIA
This endorsement, when countersigned below by a Validating Signatory, is made a part of the
commitment, policy, or other document to which it is attached and is subject to all of the terms
and provisions thereof and any prior endorsements thereto. Except to the extent expressly stated,
it neither modifies any of the terms and provisions of the document and prior endorsements, if any,
nor does it extend the effective date of the document and prior endorsements, if any, nor does it
increase the face amount of liability thereof.
IN WITNESS WHEREOF, the Ticor Title Insurance Company of California has caused its corporate
name and seal to be hereunto affixed by its duly authorized officers.
Dated as of the effective date of
the document to which this
endorsement is attached.
TICOR TITLE INSURANCE COMPANY OF CALIFORNIA
Countersigned:
Validating Signatory
Principal Office: 6300 Wilshire Boulevard, P. O. Box 92792, Los Angeles, California 90009
line ~ distance of 172.73 feet; t~e~ce S ~9°55'S5' E.
feet; thence ~ T~°l$'40'E. iOS.84~ teet; t~ence S 89055'05, E,
70.58 feet -crc =r less to the ~sT Tine of tot 7. Bloc, ~.
..... MADISON AVENVE
,t, ~,~ ,~mm '8207P9~ 104
6
~'~'~ ~,, . ~ % ~ 1~1~ D 37' E. 175 feet ~re or less to the line of extr~ I~ t,ae;
~ ~ f / ~ ~ ~ % 259~ thence S :0'4'~5" w al:-9 Sang ~st l!,e m ~ist4~ce cf
~ ~,,~-s~'os'~ t~ool~ ~ < Sueject to el,~ ~': ~e~orced ~n~er ~it~a~ County auditor's rile
. ~ ~... (4) ~. ~ NOTES
i
i
HOW YOL~R LID BILL IS CALCULATED
YEAItLY PRINCIPAL:
TOTAL ASSESSP2~NT
L
TOTAL PPXNCIPAL
DUE
PAYW~.NT
INTEREST
I
YEARLY PP. INClPAL INSTALLMENT DUE
YI~ AP3~Y I~rI'~REST
Interest Rate is set by Ordinance. The interest raid during the open period ~rpal~enrmisfoY the prlo~ yearh.'
(The open period is the 30 days between the billi~K due dat~ and the delin~uency'date) Interest payable is not
~rorated unless specified by ordinance. If all of the assessment principal is ~afd after :he open period and
Drior to the next installment, then the interest due ia the interest charEeable' as of :he next installment date.
CURRENT ACCOUNTS
YEA!LLY PRINCIPAL
ASSESSMENT
DELINQUENT. INTEREST: INSTALLMENT ONE YEA.RS ~I~W~ER OF DAYS IN' DELINQUENT
(principal) RATE IB'I~REST DAY DELINQUENT TF~R INTEREST ·
DelLnoueut interest is charged on the installment principal that fs delincuent on a daily basis. De-
linquent interest is applied at the' time of payment or at each billing period if no payment is received.
'DELINQI~NT' PENALTY
PENkLTY: PRINCIPAL INTEP~ST INTEP~EST ' RATE PENALTY
Penalty on Principal ~nd Interest is assessed on the date ~f delineuency. Penalty on ~elincuent interest is
assessed at the time delfn~uenE interes~ is ~asessed. A ~enalty i~ charged one time only a~alnst the delin~uent
* DELINOUENT ACCOUNTS
YEAP~Y PRINCIPAL
YEARLY INTEREST
SUBTOTAL
PENALTY
ASSES~NT I
PAYMENT
* Delinouent accounts can be
complicated to calculate,
especially if they are
more than one year delin-
quent and payments have
been made. Please call
the City and reouest help.
J
o
o