HomeMy WebLinkAbout2009 - Memorandum of Reserved Access and Parking Easements - Abu-Bakr Islamic Center - 20091109002634AFTER RECORDING MAIL TO:
Name:
Address:
City /State:
William L. Neal
601 Union Street, Suite 31
Seattle, Washington 98101
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20091109002634
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KING COUNTY, WA
k DOCUMENT TITLE
GRANTOR
Memorandum of Reserved Access and Parkinu
Easements
Abu -Bakr Islamic Center t.1 Washington
Abu -Bakr Islamic Center of Washington
GRAN HE
LEGAL DESCRIPTION
Lots 5, 6, 7, and 8 and portions of Lots 4, 9,
11, and 12, Block 2, James Clark's Garden
Addition
(complete descriptions on pages 1 and 2)
10,
TAX PARCEL ACCOUNT
NUMBER
161000-0125 and 161000 -0140
THIS MEMORANDUM OF RESERVED ACCESS AND PARKING
EASEMENTS, dated as of August 28, 2009, is made and executed by Abu -Bakr Islamic
Center of Washington, a Washington corporation sole (the '`Center'), acting as both
Grantor and Grantee.
RECITALS:
A. The Center owns the following real property ('`Parcel A "):
Lots 5 and 6, the North 89 Feet of Lot 11, and the North 100 Feet of Lot 12,
all in Block 2 of James Clark's Garden Edition to the City of Seattle,
according to plat recorded in Volume 13 of Plats at Page 12, in King
County, Washington;
Together with the East 5 Feet of Lot 4 of said Block 2 of said Plat.
Pagel of 4
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B. The Center also owns the following real property ("Parcel B "):
Lots 7 and 8 and the North 89 Feet of Lots 9 and 10, all in Block 2 of James
Clark's Garden Edition to the City of Seattle, according to plat recorded in
Volume 13 of Plats at Page 12, in King County, Washington;
Except that portion of Lots 8 and 9 taken for primary State Highway No. 1.
C. Parcels A and B are contiguous.
D. Parcel A has been developed with a building and other improvements used
for religious worship and related purposes, and Parcel B is being used for access and
parking in connection with the use of Parcel A, subject to the rights of the tenant under a
certain Lease made the 21'` day of September, 1999 (the "Lease ").
E. The Center desires to establish, memorialize. and perpetuate the reservation,
confirmation, and other creation of access and parking rights over, along, and upon Parcel
B for the benefit of Parcel A should the Center at any time cease to own Parcel B.
EASEMENTS:
1. Subject only to the rights of the tenant under the Lease, the Center as the
owner of Parcel B hereby reserves, confirms, and otherwise creates for itself and its
successors and assigns, for the benefit of Parcel A and as an appurtenance thereto, (a) a
non- exclusive easement for ingress, egress, and access by vehicular and pedestrian traffic
over and across those portions of Parcel B that are now used or otherwise designated as
roads, driveways, accessways. sidewalks, walkways. exits. and entrances and such other
areas that may be hereafter established for such use, and (b) a non- exclusive easement for
parking of vehicles upon those portions of Parcel B that are now used or designated as
parking areas and such other areas that may hereafter be established for such use. A
current site plan for Parcels A and B is attached hereto as Exhibit A.
2. Vehicular and pedestrian access and parking over. across, and upon Parcel
B may be subject to the following, with the advance written consent of the Center. as the
owner of Parcel A, or its successors or assigns:
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(a) Reasonable equitable. and non - discriminatory rules and regulations
for traffic Clow, pedestrian safety, parking restrictions, and similar considerations; and
(b) Relocation of, or other changes to. traffic tlow or parking areas or
spaces, provided that such changes do not materially impact vehicular access to and from
Parcel A and do not at any time reduce to below 55 the number of parking spaces on Parcel
B, all of which spaces must meet the minimum size requirements established by the City of
i'ukwila.
3. The owner of Parcel 13 and its successors and assigns shall at all times
maintain in full force and effect for the mutual benefit of the owners) of Parcels A and B
general public liability insurance in the amount of not Tess than $1,000,000 per occurrence.
$1,000,000 in the aggregate (or such greater amounts that may be agreed upon or that may
become the minimum standard in the community for like situations), against claims for
bodily injury or property damage occurring in, on, or about Parcel B, with the owner of
Parcel A named as an additional insured. Such insurance shall be primary as to any claims
in connection with Parcel B. The owner of Parcel B shall submit, upon request a
certificate of insurance or other satisfactory evidence that the insurance required hereunder
is being maintained.
4. The owner of Parcel B shall at its cost and expense maintain in good
condition and repair those portions of Parcel B that are subject to the easement granted
herein and shall timely pay all real estate taxes, assessments, and other charges with
rccperi to Parcel 13.
5. All provisions of this reservation of easements shall run with the land and
shall be binding upon, and inure to the benefit of, the their respective owners of Parcels A
and B, as appropriate, and their respective successors and assigns.
6. In the event that any party brings an action to enforce its rights hereunder,
the party most prevailing in such action shall be entitled, in addition to any other remedy or
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relief, to an award of its costs and reasonable attorneys' fees, including any incurred on
appeal.
As evidence of the foregoing, the undersigned has executed this instrument as of
the date first above written.
WASHINGTON
STATE OF WASHINGTON )
COUNTY OF KING )
ABU -BAKR ISLAMIC CENTER OF
ss.
A i Hassan Ahmed
Vice President of the Council of Trustees
I certify that I know or have satisfactory evidence that Ali Hassan Ahmed is the
person who appeared before me, and said person acknowledged that he signed this
instrument, on oath stated that he was authorized to execute the instrument and
acknowledged it as the Vice President of the Council of Trustees of Abu -Bakr Islamic
Center of Washington, a Washington corporation sole, to be the free and voluntary act of
such corporation fbr the uses and purposes mentioned in the instrument.
DATED this d'ay rA}M. k t'()()9.
' �`�a \ai\litlitt �f
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�% (9 6a LAC' Name �Q�r IA �i(J S''
`0p'+'" /9-1A ,,,s NOTARY PUBLIC in an fr the State of
''N�',- Washington. Residing at /t-'--. i
My. appointment expires �' Zo t! I
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