HomeMy WebLinkAbout2003 - Declaration of Access, Parking and Drainage Easements - International Gateway East - 2003052300243420030523002434
Return
Name and Address:
John Sabey
Fourth Floor
12201 Tukwila International Blvd.
Seattle, Washington 981'68 -5121
f 3c 3003L 3
DOCUMENT
TITLE:
NAME OF
GRANTORS:
NAME OF
GRANTEE:
ABBREVIATED
LEGAL
DESCRIPTION:
ASSESSOR'S
PROPERTY TAX
PARCEL ACCOUNT
NUMBERS:
Seattle- 3180220 2 0014354 -00021
•
20030523002434
TRANSNATION TI DECL
PAGE 001 OF 010
KING COUNTY, UA
LUVJUOZOLOVC434.11JU I
DECLARATION OF ACCESS, PARKING 8°`
AND DRAINAGE EASEMENTS
INTERNATIONAL GATEWAY EAST LLC
INTERNATIONAL GATEWAY EAST III LLC
INTERNATIONAL GATEWAY EAST III LLC
Portions of Gov. Lot 15 and SW1 /4 SWI /4 of Section 10
and SE1 /4 Section 9, T 23 N R. 4 E , W.M.,
King County, Washington
Complete legal descnptions are on Exhibits A, B, C and D
of document eve (e.--/0
102304 -9084 (Lot 61
102304 -9080 (Lot 7)
734060 -0602 (Lot 8)
102304 -9078 (Lot 2)
Said document(s) were filed for record
by Transnation Title as accommodation
only. It has not been examined as to proper
execution or as to its effeot upon title.
• •
DECLARATION OF ACCESS, PARKING AND DRAINAGE EASEMENTS
LVU4UOLSUUL434.UUL
THIS DECLARATION is made and executed this 21 day of May, 2003, by
INTERNATIONAL GATEWAY EAST LLC, a Washington limited liability company ( "IGE "),
and INTERNATIONAL GATEWAY EAST lII LLC, a Washington limited hability company
( "IGE III ") to burden and benefit the Property descnbed below and to benefit the respective
current and future owners and tenants thereof.
RECITALS
A. IGE is the owner of all that certain real property in King County, Washington,
descnbed in Exhibit A attached hereto (the "IGE Property "),
B. IGE III is the owner of that certain real property descnbed in Exhibits B through
D attached hereto (the "IGE III Property") (the "IGE Property and the IGE III Property being
hereinafter collectively referred to as the "Property "); and
C. In connection with a boundary line adjustment being effected concurrently with
this Declaration by IGE III, IGE and IGE III desire to create and establish certain drainage and .
vehicular access and parking easements, licenses, restnctions and servitudes upon certain
portions of the Property hereinafter referred to as Lot 2 (the IGE Property), Lot 6 (the portion of
the IGE III Property descnbed in Exhibit B attached hereto), Lot 7 (the portion of the IGE III
Property descnbed in Exhibit C attached hereto), and Lot 8 (the portion of the IGE III Property
described in Exhibit D attached hereto).
DECLARATION
1. Access to Lots 6 and 8. IGE III hereby establishes, creates and declares a
perpetual, nonexclusive vehicular access and surface water drainage easement for the benefit of
Lots 6 and 8 upon, over and across those portions of Lot 7 which are respectively designed and
utilized for those purposes by the owner thereof. So long as portions of Lot 7 are made available
for such access and drainage, the locations thereof may be modified from time to time as
improvements thereon are constructed, altered, repaired and reconstructed.
2. Access to Lot 7. IGE Ill hereby establishes, creates and declares a perpetual,
nonexclusive vehicular access and surface water drainage easement for the benefit of Lot 7 upon,
over and across those portions of Lot 6 which are respectively designed and utilized for those
purposes by the owner thereof So long as portions of Lot 6 are made available for such access
and drainage, including areas that are sufficient for use for access by emergency vehicles, the
locations thereof may be modified from time to time as improvements thereon are constructed,
altered, repaired and reconstructed
Seattle- 3180220 2 0014354 -00021
1
• •
LUUJUOLJUUL434.UU3
3 Access to Lot 2 Easement. IGE hereby subjects the current access easement
located on Lot 2, as depicted on Boundary Lot Adjustment Numbered L2000 -072 and recorded
in King County, Washington, under Document No. 20001213900008, to, and grants to IGE III
and its successors in interest to the IGE III Property, a perpetual, nonexclusive easement for
surface water drainage and to enable vehicles to enter and depart Lots 6, 7 and 8.
4. Vehicular Parking IGE III hereby subjects Lot 7 to a perpetual, nonexclusive
easement for vehicular parking for the owners and tenants of Lot 8 and their respective
employees, licensees and mvitees to the extent that such parking may be necessary from time to
time for Lot 8 to comply with the then applicable zoning codes. So long as in compliance with
such codes, such parking nghts shall be subject to designated locations, hours and other
restnctions as may be generally applicable to the owners and tenants of Lot 7 and their respective
employees, invitees and licensees.
5. Maintenance of Access and Parking Subject to the provisions of Section 6
hereof, the respective owner of each portion of the Property shall remain responsible for
undertaking and paying for the maintenance of the access ways, parking spaces and drainage
culverts referred to in this Declaration.
6. Assumptions of Risk Each person using the access, parking or drainage areas
that are the subject of this Declaration shall do so at its own nsk and shall be responsible for any
property damage or personal injury to the extent the same is caused by such person's intentional
misconduct or negligence
7. Interpretation. The Declaration shall be broadly construed to create the rights
and interests that are stated herein, and to that end it is the specific intent of IGE that no
easement shall merge with the title to any Lot and all easements shall also be construed as, and
this Declaration deemed to create, irrevocable licenses, restncttve covenants and equitable
servitudes and they shall be deemed created and continue to exist regardless of the extent to
which title to all of the Property or any two or more of the Lots are vested in one person.
8. No Implied Termination. None of the easements, licenses, covenants or
servitudes created by this Declaration shall be terminated by implication, nonuse or
abandonment and no release of this easement shall arse by waiver or course of conduct unless
such termination or release is evidenced by a recorded agreement to such effect executed by all
of the then owners of the Lots affected thereby.
9. Enforcement This. Declaration is specifically enforceable and in the event any
person bnngs any action to so enforce this Declaration or recover any damages as a result of any
breach hereof the prevailing party shall be reimbursed by the losing party for its costs and
attorneys' fees therein incurred
Seattle- 3180220 2 0014354 -00021
2
• •
LUU.SUOL3UUL444.0U4
10 Successors and Assigns. The terms, covenants and conditions contained in this
Declaration shall run with the Property and bind and inure to the benefit of the successors in
interest to each of the above demised Lots; provided, however, no person who was an owner of
any Lot shall be liable for any acts or omissions relating thereto under this Declaration which
occur after the date such owner conveys said Lot to any other person.
IN WITNESS WHEREOF, IGE has executed this Declaration as of the day and year first
above wntten.
INTERNATIONAL GATEWAY EAST LLC,
a Washington limited liability company, by
Sabey Corporation, Manager
By
Pnnt
Its•
4.
rpyno.g
INTERNATIONAL GATEWAY EAST III LLC,
a Washington limited liability company, by
Sabey Corporation, Manager
By 4.
Printed �ame: Jaa►nes �. Jar»
Its: [.Fv
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
On this 21 day of May, 2003, before me personally appeared James N. Harmon
to me known to be CFO of Sabey Corp. , Mgr. of INTERNATIONAL GATEWAY EAST
LLC, the Washington limited liability company that executed the within and foregoing
instrument, and acknowledged said instrument to be the free and voluntary act and deed of said
limited liability company, for the uses and purposes therein mentioned, and on oath stated that
he was authonzed to execute said instrument on behalf of said limited liability company
Seattle- 3180220 2 0014354-00021
3
•
•
LUUSUOLSUUL444.000
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above wntten
MARY A HALL
STATE OF WASHINGTON
NOTARY—.—PUBLIC
MY COMMISSION EXPIRES 1E -10 -06
STATE OF WASHINGTON )
) ss.
COUNTY OF KING
)
Signature:
Name (Pnnt):
44-Ja-e/
Mary A. Hall
NOTARY PUBLIC in and for the State
of Washington, residing at Seattle
My appointment expires: 12/19/05
On this 21 day of May, 2003, before me personally appeared James N. Harmon ,
to me known to be CFO of Sabey Corp., Mgr. of INTERNATIONAL GATEWAY EAST
III LLC, the Washington limited liability company that executed the withm and foregoing
instrument, and acknowledged said instrument to be the free and voluntary act and deed of said
limited liability company, for the uses and purposes therein mentioned, and on oath stated that
Nhe was authonzed to execute said instrument on behalf of said limited liability company
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
MARY A HALL
STATE OF WASHINGTON
NOTARY---PUBLIC
MY COMMISSION 12-- tOti-tet3
Seattle- 3180220 2 0014354 -00021
Signature:
L
Name (Print). Mary A. Hall
NOTARY PUBLIC in and for the State
of Washington, residing at Seattle
My appointment expires: 12/19/05
4
• •
EXHIBIT A
[Legal Descnption of Lot 2]
LUUJUDLJVUL434.UUb
LOT 2
THAT PORTION OF GOVERNMENT LOT 15, SECTION 10 AND THE NORTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 9, ALL IN TOWNSHIP 23
NORTH, RANGE 4 EAST, W.M , IN KING COUNTY, WASHINGTON DESCRIBED AS
FOLLOWS:
BEGINNING AT THE WEST ONE - QUARTER CORNER OF SAID SECTION 10;
THENCE SOUTH 01 °46'02" WEST ALONG THE WEST LINE THEREOF A DISTANCE OF
107 22 FEET TO A POINT ON SAID LINE;
THENCE LEAVING SAID LINE SOUTH 87 °33'12" EAST A DISTANCE OF 512.24 FEET;
THENCE SOUTH 01 °46'02" WEST A DISTANCE OF 402.93 FEET;
THENCE NORTH 88 °13'58" WEST A DISTANCE OF 616 22 FEET,
THENCE SOUTH 85 °07'17" WEST A DISTANCE OF 170.45 FEET TO THE EAST MARGIN
OF PRIMARY STATE HIGHWAY NO. 1, SSR 99, PACIFIC HIGHWAY SOUTH;
THENCE ALONG SAID EAST MARGIN NORTH 86 °04'33" WEST A DISTANCE OF 5 00
FEET,
THENCE NORTH 03 °55'27" EAST A DISTANCE OF 120.50 FEET,
THENCE NORTH 37 °36'51" EAST A DISTANCE OF 90 14 FEET;
THENCE NORTH 03 °55'27" EAST A DISTANCE OF 150 00 FEET,
THENCE NORTH 86 °04'33" WEST A DISTANCE OF 10.00 FEET;
THENCE NORTH 03 °55'27" EAST A DISTANCE OF 61.90 FEET TO THE BEGINNING OF
A 1266.00 -FOOT RADIUS CURVE CONCAVE TO THE WEST;
THENCE NORTH ALONG SAID CURVE AN ARC DISTANCE OF 126.11 FEET
THROUGH A CENTRAL ANGLE OF 05 °42'27" TO A POINT ON SAID CURVE AND A
POINT ON THE EAST -WEST CENTERLINE OF SAID SECTION 9,
THENCE LEAVING SAID EAST MARGIN SOUTH 89 °16'45" EAST ALONG SAID EAST -
WEST CENTERLINE A DISTANCE OF 224 58 FEET TO THE EAST ONE - QUARTER
CORNER OF SAID SECTION 9 AND THE POINT OF BEGINNING
SITUATED IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON
A -1
Seattle- 3180220 2 0014354 -00021
EXHIBIT B
[Legal Description of Lot 6]
LOT 6
•
LUU.SUSL4UUL444.UU/
THAT PORTION OF GOVERNMENT LOT 15 AND THE SOUTHWEST QUARTER OF
THE SOUTHWEST QUARTER, SECTION 10 AND THE SOUTHEAST QUARTER,
SECTION 9, ALL IN TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M , IN KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST ONE- QUARTER CORNER OF SAID SECTION 10;
THENCE SOUTH 01 °46'02" WEST ALONG THE WEST LINE THEREOF A DISTANCE OF
107 22 FEET TO A POINT ON SAID LINE;
THENCE LEAVING SAID LINE SOUTH 87 °33'12" EAST A DISTANCE OF 512.24 FEET;
THENCE SOUTH 01 °46'02" WEST A DISTANCE OF 402.93 FEET;
THENCE NORTH 88 °13'58" WEST A DISTANCE OF 616 22 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE SOUTH 32 °09'15" EAST A DISTANCE OF 26.64 FEET,
THENCE SOUTH 22 °04'16" EAST A DISTANCE OF 102.75 FEET;
THENCE SOUTH 79 °36'57" WEST A DISTANCE OF 226 41 FEET TO A POINT ON THE
EAST MARGIN OF PRIMARY STATE HIGHWAY NO. 1, SR 99, PACIFIC HIGHWAY
SOUTH, SAID POINT BEING ON A NON - RADIAL 1061.00 FOOT - RADIUS CURVE
CONCAVE TO THE EAST AND FROM WHICH THE RADIUS POINT BEARS NORTH
86 °08'14" EAST;
THENCE NORTHERLY ALONG SAID MARGIN AND SAID CURVE AN ARC DISTANCE
OF 144 20 FEET THROUGH A CENTRAL ANGLE OF 07 °47'13" TO A POINT ON SAID
MARGIN AND SAID CURVE;
THENCE LEAVING SAID MARGIN AND SAID CURVE ALONG A NON - RADIAL LINE
NORTH 85 °07'17" EAST A DISTANCE OF 170 45 FEET TO THE POINT OF BEGINNING.
SITUATED IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
B -1
Seattle- 3180220 2 0014354 -00021
• •
EXHIBIT C
[Legal Description of Lot 7]
LOT 7
LUUSUOLSUUL434.UUtf
THAT PORTION OF GOVERNMENT LOT 15 AND THE SOUTHWEST QUARTER OF
THE SOUTHWEST QUARTER, SECTION 10 AND THE SOUTHEAST QUARTER,
SECTION 9, ALL IN TOWNSHIP 23 NORTH, RANGE 4 EAST, W M., IN KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST ONE - QUARTER CORNER OF SAID SECTION 10;
THENCE SOUTH 01 °46'02" WEST ALONG THE WEST LINE THEREOF A DISTANCE OF
107.22 FEET TO A POINT ON SAID LINE;
THENCE LEAVING SAID LINE SOUTH 87 °33'12" EAST A DISTANCE OF 512.24 FEET,
THENCE SOUTH 01 °46'02" WEST A DISTANCE OF 402 93 FEET,
THENCE NORTH 88 °13'58" WEST A DISTANCE OF 616 22 FEET;
THENCE SOUTH 32 °09'15" EAST A DISTANCE OF 26.64 FEET,
THENCE SOUTH 22 °04'16" EAST A DISTANCE OF 102.75 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE CONTINUING SOUTH 22 °04'16" EAST A DISTANCE OF 117.83 FEET TO A
POINT ON THE WEST LINE OF SAID GOVERNMENT LOT 15;
THENCE LEAVING SAID WEST LINE SOUTH 20 °30'45" EAST A DISTANCE OF 471 28
FEET,
THENCE SOUTH 01 °46'02" WEST A DISTANCE OF 433 06 FEET,
THENCE NORTH 89 °18'15" WEST A DISTANCE OF 252.04 FEET TO THE EAST
MARGIN OF PRIMARY STATE HIGHWAY NO 1, SR 99, PACIFIC HIGHWAY SOUTH;
THENCE NORTHERLY ALONG SAID EAST MARGIN NORTH 07 °52'07" WEST A
DISTANCE OF 342 12 FEET TO AN ANGLE POINT ON SAID MARGIN,
THENCE CONTINUING ALONG SAID EAST MARGIN NORTH 12 °23'03" WEST A
DISTANCE OF 455 20 FEET TO THE BEGINNING OF A 1061.00 FOOT - RADIUS CURVE
CONCAVE TO THE EAST,
THENCE NORTHERLY ALONG SAID MARGIN AND SAID CURVE AN ARC DISTANCE
OF 157.80 FEET THROUGH A CENTRAL ANGLE OF 08°31'17" TO A POINT ON SAID
MARGIN AND SAID CURVE,
THENCE LEAVING SAID CURVE AND MARGIN ALONG A NON - RADIAL LINE
NORTH 79 °36'57" EAST A DISTANCE OF 226.41 FEET TO THE POINT OF BEGINNING.
SITUATED IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON
C -1
Sean1e- 3180220 2 0014354 -00021
• •
EXHIBIT D
[Legal Description of Lot 8]
LOT 8
LUU4U0Z3U L444.UUU
THAT PORTION OF GOVERNMENT LOT 15 AND THE SOUTHWEST QUARTER OF
THE SOUTHWEST QUARTER, SECTION 10 AND THE SOUTHEAST QUARTER,
SECTION 9, ALL IN TOWNSHIP 23 NORTH, RANGE 4 EAST, W M , IN KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS
COMMENCING AT THE WEST ONE - QUARTER CORNER OF SAID SECTION 10;
THENCE SOUTH 01 °46'02" WEST ALONG THE WEST LINE THEREOF A DISTANCE OF
107.22 FEET TO A POINT ON SAID LINE,
THENCE LEAVING SAID LINE SOUTH 87 °33'12" EAST A DISTANCE OF 512.24 FEET,
THENCE SOUTH 01 °46'02" WEST A DISTANCE OF 402.93 FEET,
THENCE NORTH 88 °1358" WEST A DISTANCE OF 616.22 FEET;
THENCE SOUTH 32 °09'15" EAST A DISTANCE OF 26.64 FEET;
THENCE SOUTH 22 °04'16" EAST A DISTANCE OF 220.58 FEET TO A POINT ON THE
WEST LINE OF SAID GOVERNMENT LOT 15;
THENCE LEAVING SAID WEST LINE SOUTH 20 °30'45" EAST A DISTANCE OF 471.28
FEET;
THENCE SOUTH 01 °46'02" WEST A DISTANCE OF 433 06 FEET TO THE TRUE POINT
OF BEGINNING,
THENCE CONTINUING SOUTH 01 °46'02" WEST A DISTANCE OF 129.92 FEET;
THENCE SOUTH 88 °13'58" EAST A DISTANCE OF 321.41 FEET,
THENCE SOUTH 01 °46'02" WEST A DISTANCE OF 367.67 FEET TO THE NORTH
MARGIN OF SOUTH 126TH STREET,
THENCE NORTH 89°18'50" WEST ALONG SAID MARGIN A DISTANCE OF 100.03
FEET,
THENCE SOUTH 01 °46'02" WEST A DISTANCE OF 10.00 FEET;
THENCE NORTH 89 °18'50" WEST A DISTANCE OF 20.00 FEET TO THE WESTERLY
MARGIN OF 34TH AVENUE SOUTH;
THENCE SOUTH 01 °47'05" WEST ALONG SAID WEST MARGIN A DISTANCE OF
244 07 FEET TO THE SOUTHEAST CORNER OF LOT C OF BOUNDARY LINE
ADJUSTMENT NO. 89-6-BLA, RECORDED UNDER KING COUNTY RECORDING NO.
8908161260;
THENCE NORTH 88 °48'42" WEST ALONG THE SOUTH LINE THEREOF A DISTANCE
OF 277 34 FEET TO THE EAST MARGIN OF PRIMARY STATE HIGHWAY NO. 1, SR 99,
PACIFIC HIGHWAY SOUTH, SAID POINT BEING ON A NON - RADIAL 1860 00 FOOT -
RADIUS CURVE CONCAVE TO THE EAST AND FROM WHICH THE RADIUS POINT
BEARS NORTH 73 °28'18" EAST,
D -1
Seattle- 3180220 2 0014354 -00021
• •
"LUUSUOLSUU"L434.U1 U
THENCE NORTHERLY ALONG SAID MARGIN AND SAID CURVE AN ARC DISTANCE
OF 134.53 FEET THROUGH A CENTRAL ANGLE OF 04 °08'39" TO THE POINT OF
TANGENCY,
THENCE CONTINUING ALONG SAID EAST MARGIN NORTH 12 °23'03" WEST A
DISTANCE OF 294 34 FEET TO AN ANGLE POINT ON SAID MARGIN;
THENCE CONTINUING ALONG SAID EAST MARGIN NORTH 07 °52'07" WEST A
DISTANCE OF 229.45 FEET;
THENCE LEAVING SAID EAST MARGIN SOUTH 89 °18'15" EAST A DISTANCE OF
252.04 FEET TO THE POINT OF BEGINNING
SITUATED IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON
D -2
Seattle- 3180220 2 0014354 -00021