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<DIV>I have a client with a platted long plat which contained a number of
primary access roads. There is a corporation which maintains the
roads. The Covenants were both covenants and easements which
included the creation of easements to those initial roads.</DIV>
<DIV> </DIV>
<DIV>Now after some sub-platting, we have a new developed road. The
question is whether a simple easement from the landowner to the corporation
would be sufficient to create roads which are subject to the various
covenants. There are about a dozen landowners now, so getting
amended covenants signed by each landowner or even the 66% required before
covenants are amended, would be a bit of a task. Later years after other
subdivisions and other roads are developed, would result in even more difficulty
to amend covenants. </DIV>
<DIV> </DIV>
<DIV>In the CCR’s it defines “primary access streets” which are defined as “real
and personal property, together with the facilities and improvements located
thereon and thereunder, now <EM>or hereafter placed on</EM>, in and under the
property described on plat map....”</DIV>
<DIV> </DIV>
<DIV>The corporation has language in a by-law which includes how to add
new roads... but that doesn’t have the effect of adding new roads and their
abutting landowners as being subject to the requirements of the CCR’s.</DIV>
<DIV> </DIV>
<DIV>thanks</DIV>
<DIV> </DIV>
<DIV style="FONT-SIZE: 12pt; FONT-FAMILY: 'Calibri'; COLOR: #000000">Joshua F.
Grant, PS<BR>Attorney at Law<BR>P. O. Box 619<BR>Wilbur, WA 99185<BR>tel 509 647
5578<BR>fax 509 647 2734<BR></DIV></DIV></DIV></BODY></HTML>