Section 1. Intent. The provisions of this instrument, and particularly the provisions of this Article E, are intended to supplement the notes and comments on the Plat. This instrument and the provisions on the face of the Plat are to be read and interpreted together. To the extent that provisions of this Article E appear to be inconsistent with or appear to expand or limit the terms contained in that Plat, the provisions of this Article E shall control

 

Section 2. Public Storm Drainage Tract; Landscape Maintenance Easement. Tract A of the Plat shall be conveyed to the City of Kent and shall not be used for any other purpose other than stormwater management purposes. Declarant reserves the right to, and the Community Organization shall have a "Private Landscape Maintenance Easement" in order to, improve Tract A with landscaping and maintain such landscaping, within a 10-foot perimeter in accordance with the Private Landscape Maintenance Easement described in Note 12 on the Plat. No other improvements shall be made to Tract A.

 

Section 3. Private Access and Utility Easement. A "Private Access and Utility Easement" is located on Lots 6, 7, 8, 9, 10, 11, 12 and 13 for the benefit of Lots 7, 8, 9, 10, 11, and 12 for private access and utility facilities in accordance with Note 9 on the Plat. This private access easement is for the purpose of ingress, egress and utilities for the Lots benefitted thereby. The Owners of the Lots benefitted by this easement shall have an equal and undivided responsibility for the maintenance thereof. Such Owners are responsible for the maintenance, repair and replacement of the improvements located within such easement, including, but not limited to, keeping the surface of such easement area in good condition and removal of snow and ice, as needed. The Owners of the Lots benefitted by this easement may cause reasonable repairs to be made to the improvements in such easement area after giving 20 days' notice to all Owners of the Lots benefitted by this easement that the Owner intends to make repairs which are fully described in the notice. On demand, the Owners of the Lots benefitted by this easement shall reimburse to the party making the repairs their pro rata share of the reasonable cost of the repairs which have been made in accordance with the notice. Any Owner of a Lot benefitted by this easement may make improvements to such easement area at such Owner's cost, provided that such improvement does not materially impact use of the easement area by the other Owners of Lots benefitted by this easement After any improvements are made, any damage to the existing improvements shall be repaired as a part of the cost of maintaining such easement area's improvements.

 

Section 4. Private Storm Drainage Easements. A "Private Storm Drainage Easement" is located on (a) Lots 2 and 3 for the benefit of Lots 1 and 2; (b) Lot 3 for the benefit of Lot 4; (c) Lots 6, 7, 8 and 12 for the benefit of 6, 7, 8, and 9; (d) Lots 11 and 12 for the benefit of Lots 10 and 11; (e) Lot 14 for the benefit of Lot 13; (f) Lot 15 for the benefit of Lot 16; and (g) Lots 17, 18, and 19 for the benefit of Lots 18, 19, and 20. Consistent with Notes 2, 3, 4, 5, 6, 7, and 8, such easements are for the purpose of private storm drainage facilities for the Lots benefitted thereby. The Owners of the Lots benefitted and burdened by each easement arc responsible for the maintenance, repair and replacement of the facilities located within such easement. The Owners of the Lots benefitted and burdened by each easement may cause reasonable repairs to be made to the facilities in the easement after giving 20 days' notice to all Owners of Lots benefitting from and burdened by the easement that the Owner intends to snake repairs which are fully described in the notice. On demand, the Owners of the Lots that are benefitted and burdened by the easement where repairs were so made shall reimburse to the party making the repairs their pro rata share of the reasonable cost of the repairs which have been made in accordance with the notice.

Section 5. Community Organization Private Storm Drainage Easements. A "Private Storm Drainage Easement" is located on (a) Lots 10, 11, 12, 13, 14, 15, and 16; and (b) Lots 17, 18, 19, and 20. Consistent with Notes 10 and 11, such easements are for the purpose of storm drainage facilities and the Community Organization shall be responsible for maintenance of such facilities located therein.

 

Section 6. Street Lighting System. The street lighting system will be constructed and maintained by Puget Sound Energy, provided that all electrical and maintenance bills shall be paid for by the Community Organization.

 

Section 7. Maintenance of Facilities. Subject to restrictions contained herein, the Community Organization shall maintain and may improve the properties transferred to the Community Organization. Consistent with Note 12 on the Plat, the Community Organization shall maintain landscaping within the easement area on Tract A of that Plat.