ARTICLE 8. CERTAIN GRANTS, EASEMENTS, COVENANTS AND RESTRICTIONS
Section 8.1 Tracts
- Tracts A, I and J. Tracts A, I and J are recreation/drainage facility tracts. Upon recording of the Map, Tracts A, I and J were conveyed to the Association. The Association is responsible for maintenance of the landscaping and recreation facilities contained in Tracts A, I and J. Upon recording of the Map, a public storm drainage easement over, under, across and upon said Tracts was granted and conveyed to the City of Maple Valley, its successors and assigns. The City of Maple Valley is responsible for the operation, maintenance and repair or the drainage facilities contained within Tracts A, I and J. Upon recording of the Map, a sanitary sewer easement as shown on the Map was granted and conveyed to Soos Creek Water and Sewer District, its successors and assigns.
- Tract B. Tract B is a joint use driveway tract for the benefit of Units 14 and 15. Ownership of Units 14 and 15 shall include an equal and undivided one-half interest in the ownership of Tract B and shall run with future conveyances thereof and shall include an equal and undivided one-half obligation in the maintenance responsibility in Tract B. All conveyances of Units 14 and 15 must include an undivided one-half joint interest in Tract B. Upon recording of the Map, a sanitary sewer easement over, under, across and upon Tract B was granted and conveyed to Soos Creek Water and Sewer District, its successors and assigns.
- Tract C. Tract C is a public pedestrian access tract for the benefit of the Unit Owners. Upon recording of the Map, Tract C was conveyed to the Association for maintenance of the landscaping and improvements, including the asphalt path surface within Tract C. However, if the Association fails to properly maintain Tract C, then the Owners of all Units 1 through 110 (inclusive) shall be responsible for the maintenance of the asphalt path surface within Tract C. Upon recording of the Map, an easement over Tract C was conveyed to the public.
- Tracts D and L. Tracts D and L are monument tracts. Upon recording of the Map, Tracts D and L were conveyed to the Association for maintenance of the entry monument and landscaping which lie within Tracts D and L.
- Tract E. Tract E is a private access tract for the benefit of Units 26 through 29. Ownership of Units 26 through 29 shall include an equal and undivided one-fourth interest in the ownership of Tract E and shall run with future conveyances thereof and shall include an equal and undivided one-fourth obligation in the maintenance responsibility in Tract E. All conveyances of Units 26 through 29 must include an undivided one-fourth joint interest in Tract E. Upon recording of the Map, a sanitary sewer easement over, under, across and upon Tract E was granted and conveyed to Soos Creek Water and Sewer District, its successors and assigns.
- Tract F. Tract F is a recreation tract. Upon recording of the Map, Tract F was dedicated and conveyed to the Association, its successors and assigns for ownership and maintenance purposes. The Association shall be responsible for the maintenance of the landscaping and recreation facilities contained therein.
- Tract G. Tract G is a joint use driveway tract for the benefit of Units 40 and 41. Ownership of Units 40 and 41 shall include an equal and undivided one-half interest in the ownership of Tract G and shall run with future conveyances thereof and shall include an equal and undivided one-half obligation in the maintenance responsibility in Tract G. All conveyances of Units 40 and 41 must include an undivided one-half joint interest in Tract G. Upon recording of the Map, a sanitary sewer easement over, under, across and upon Tract G was granted to Soos Creek Water and Sewer District, its successors and assigns.
- Tract H. Tract H is a joint use driveway tract for the benefit of Units 62 and 63. Ownership of Units 62 and 63 shall include an equal and undivided one-half interest in the ownership of Tract H and shall run with future conveyances thereof and shall include an equal and undivided one-half obligation in the maintenance responsibility in Tract H. All conveyances of Units 62 and 63 must include an undivided one-half joint interest in Tract H. Upon recording of the Map, a sanitary sewer easement over, under, across and upon Tract H was granted to Soos Creek Water and Sewer District, its successors and assigns, and a public storm drainage easement over, under, across and upon Tract H was granted and conveyed to the City of Maple Valley, its successors and assigns.
- Tract K. Tract K is a private access tract for the benefit of Units 95 through 97. Ownership of Units 95 through 97 shall include an equal and undivided one-third interest in the ownership of Tract K and shall run with future conveyances thereof and shall include an equal and undivided one-third obligation in the maintenance responsibility in Tract K. All conveyances of Units 95 through 97 must include an undivided one-third joint interest in Tract K. Upon recording of the Map, a sanitary sewer easement over, under, across and upon Tract K was granted and conveyed to Soos Creek Water and Sewer District, its successors and assigns.
Section 8.2 Waterline Easements. Upon recording of the Map, all waterline easements (WLE) shown on the Map were granted and conveyed to Cedar River Water and Sewer District for the purpose of serving the Real Property and other property with water service.
Section 8.3 Sanitary Sewer Easements. Upon recording of the Map, all sanitary sewer easements (SSE) shown on the Map were granted and conveyed to Soos Creek Water and Sewer District for the purpose of serving the Real Property and other property with sewer service.
Section 8.4 Public Storm Drainage Easements. Upon recording of the Map, all storm drainage easements (SDE) not noted thereon as private were granted and conveyed to the City of Maple Valley for the construction, operation and maintenance of storm drainage facilities.
Section 8.5 Private Storm Drainage Easements. Upon recording of the Map, all private storm drainage easements (PSDE) shown on the Map were granted and conveyed to the Unit Owner(s) who would benefit from the easement. The Owners of said Units shall be equally responsible for the maintenance of the drainage facilities benefitting their Unit. Details regarding the location of drainage facilities within the PSDE are shown on the approved engineering plans on file with the City of Maple Valley.
Section 8.6 Utility Easement. upon recording of the Map, an easement was reserved for and granted to the City of Maple Valley, Puget Sound Energy, Inc., Century Link and Soos Creek Water and Sewer District and their respective successors and assigns under and upon the exterior ten (10) feet parallel with and adjoining the street frontage of all Units and Tracts. The easements are reserved and granted in order to install, lay, construct, renew, operate and maintain underground pipes, conduits, cables, wires, water meters, fire hydrants, water system appurtenances, sanitary sewer structures and public storm drainage structures with all necessary or convenient underground or ground-mounted appurtenances thereto for the purpose of serving the Real Property and other property with electric, telephone, gas, and other utility service, together with the right to enter upon the Units and Tracts at all times for the purposes stated herein.
Section 8.7. Public Easement. Upon recording of the Map, all public easements shown on the Map as well as a strip of land ten (10) feet wide that adjoins and runs parallel to the proposed street frontage on all Units and Tracts, were conveyed and granted to the City of Maple Valley, its successors and assigns, for public utility purposes. All such easements are to be used for the benefit of the entire Plat and the purpose of serving other real property with public utilities. Within the boundaries of those public easement areas, there shall not be constructed any building, wall, rockery, fence or structure of any kind, nor shall there be planted any trees, nor shall there be placed any fill material. If any such construction, placement, planting, excavation or change in the ground level should occur as described in this paragraph, then the City of Maple Valley, its successors and assigns may exercise its right to remove such obstructions without notice and the Owners of the Units or Tracts adjacent to such obstructions in the easement area shall be liable for all costs incurred for the removal thereof. Whenever it deems necessary, City of Maple Valley, its successors and assigns shall have the right to enter upon these public easements or right-of-way in order to extend, construct, repair, alter, maintain or reconstruct the utilities that lay within the public easement or right-of-way, or to constrict a hard surface road right-of-way whenever it deems necessary. Additional, the City of Maple Valley, its successors and assigns may use the area immediately adjacent to any public easement area that it may require for the construction, reconstruction, maintenance and operation of any public utility, and shall hold its use of those adjacent areas to a reasonable minimum and shall return the area to the condition existing immediately before it entered such adjacent property.
Section 8.8 Street Trees. The street trees shall be maintained by the owner of the abutting Lot or Tract, unless the City adopts a maintenance program for such trees.
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