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HomeMy WebLinkAbout1995 - Reservation of Easement for Ingress, Egress and Utilities - Kent Randy / Kent Karen - 95120407969512040796 DEC -14 -1995 08:42 42 ( 7LTIC ESCROW M HOHNSTEIN 206 689 0281 P.02 0 . AFTER RECORDING RETURN TO: CHAE & ASSOCIATES, INC.. P.S. ' The Klauser Building 3625 Perkins Lane S.W., Suite 104 , Tacoma, Washington 98499 i • • • , 3 RF,5ERVATiON OF EASEMENT FOR ,IINGRESS. EGRESS AND UITLITIES . LI 01 THIS RESERVATION OF EASEMENT is made this ,_, f� A day of December, 1995, by � RANDY K. KENT and KAREN K. KENT, husband and wife, residing at 4830 South 152nd St. C3 Tukwila, Washington 98188 (hereinafter called "Ken O The circumstances pursuant to which this Reservation of Easement is made are as . follows: A. Kent is the owner of four (4) parcels of real estate in the City of Tukwila, King County, Washington, dcsaibed in Exhibit A (hereinafter called "Lot 131. Exhibit B (hereinafter called "Lot 12"), Exhibit C (hereinafter called "Lot 11"), and Exhibit D (hereinafter called "Lot 14 ") attached hereto, respectively. B. • Contemporaneously herewith, Kent is about to convey Lots II and 13 to Town tit Country Homes, a Washington general partnership (hereinafter called "T&C "). C. Kent wishes to reserve an easement across that portion of Lots 11, 12, 13, and 14, which portion is hereinafter called "Easement Areas A, B, C, and D" respectively and is more g particularly described in the exhibits attached hereto, for ingress and egress to and from South 152nd Street and for the construction, instillation and maintenance of utility lines. • In furtherance of the foregoing, Kent does hereby declare as follows: i II 1. Kent does hereby reserve, for the benefit of the present and future owners of Lots 11 and 12. and their respective heirs, personal representatives, successors, i ssigns, lessees, • invitees and mortgagees, an easement and right -of- way, in common with all others entitled to the use thereof (including, but not limited to, the present and future owners of Lots 11 and 12, and i their respective heirs, personal representatives, successors, assigns. lessees, invitees and mortgagees) hi, on, over, upon, across and tit:argb the Easement Area A. which consists of the entire east 20 feet of Lot 13 ( hereinafter called the " Roadway "), for the purpose of ingress and r egress to Lot 11 or 12. The easements reserved herein shall not be used in such a manner as to iS unreasonably interfere with or unduly burden in any way the residential use anticipated in Lot 13. . Reservation of Easement - I EXCISE TAX NOT REWIRED Kl+ Co °Mann . . , DEC -14 -1995 88:42 t - !TIC ESCROW M HOHNSTEIN 206 689 0281 P.03 2. Kent does hereby reserve, for the benefit of the present and future owners of Lots 11 and 12 and their respective heirs. personal rr:presentatives, successors, assigns, lessees, invitees and mortgagees, a mutual easement and right-of-way, in common with all others entitled to the use thereof (including, but not limited to, the present and future owners of Lots 11 and 12 ' and their respective heirs, personal representatives, successors, assigns, lessees, invitees and mortgagees) in, on, over, upon, across sad through Easement Area B and C, as shown and described on Exhibits "E" and "F" (hereinafter called the "Roadway "), for the purpose of ingress and egress to Lots 11 or 12. The easements eeserved herein shall not be used in such a manner as to umieaaonably interfere with or unduly burden in any way the residential use anticipated in Lots 11 and 12. - 3. Kent does hereby reserve, for the benefit of the present and future owners of Lots c I 1, 12. t3, 14, and their respective heirs, personal representatives, successors, assigns. lessees, ' invitees and mortgagees, a mutual easement and right -of -way, in common with all others entitled • to the u1e thereat ( including, hot trot latticed to, the present and future owners of Lots 11, 12,13. and 14 and their r st es.tive heirs, personal representatives, successors, assigns, lessees, invitees and mortgagees) in. on, over upon, across and through the Easement Areas on the above parcels va for the purpose of constnwtion, installation, use, maintenance, repair and/or replacement of the underground storm sewer, sanitary sewer, water, natural gas, electric and telephone lines. and the usual connections and agreed -upon accessories attached thereto (hereinafter celled "Utility Facilities "). The easements reserved herein shall not be used in such a manner as to interfere , with or disturb in any way the access across or through the Easement Areas. 4. Kent does ticseby reserve, for the benefit of the present and future owners of Lots 11 and 12, and their respccti?e heirs, penaonal t.pcsentatives, successors, assigns, lessees, invitees and mortgagees, an easement and right -of- -way, in common with all others entitled to the tree thereof (including, but not limited to, the present and future owners of Lots 11 and 12 and • • their respective heirs. Pasant tepre^sentutives, successors, assigns, lessees, invitees and mortgagees) in, on, over, upon, across and through the Emergency Access Area an shown and described on Exhibits "F" and "Q" for the purpose of granting access in the event of emergencies. No permanent barrier shall be constructed on, over, upon, across, or through the above area. • S. If Easement A rea A is damaged or requires maintenance, repair, or replacement as a result of normal use, the peeress of Lots 11. 12, and 13 shrill each pay one - third of all costs of such maintenance, repair, turd replacement If Easement Area B or C is damaged or requires maintenance, repair, or replacement as a result of :larval use, the owners of Lots 11 and 12 shall each pay one-half of all costs of such maintenance, repair, and replacement Each owner shall promptly remove snow and Ice in his/her Roadway at no cost to the other owners. In the event one owner fails to so maintain the Roadway, the neighboring owners may, at their option. perform such maintenance end tepalrs and bill accordingly. The neighboring owner may exercise such option if repairs and maintenance are not performed by the responsible owner within thirty (30) days after written request from the neighboring owner, except, in the case of Reservation of Easement a 2 I ' • : • • DEC -14 -1995 08:43 CLTIC ESCROW M HOHNSTEIN 206 689 0281 P.04 • I ` • • • i • the removal of mow and ice, the option may be exercised if the snow or ice is not re:noved within forty -eight (46) hours after oral or written request by the neighboring owner. ; i 6. The mainte is ce, repair and replacement of the Utility Facilities, if not made necessary by the felt of mother pastel owner, shall be the responsibility of each Parcel owner. i � 7. • ' Except in ttie case of the construction, installation, maintenance, Moir and replacement of all Utility Facilities, the full cost of construction, installation, maintenance. repair and replacement of the landacapirig and lighting in the Easement Area shall be the responsibility i0 of each Parcel Owner. 1 I . . I ; 1 1 . Any' person or pawns engaged in the construction, installation, eriaintenance repair or replacement of Utility Facilities constructed in. on, over, upon, 'cross and through the Clem, Easement Area shall have the Rill right and authority to enter at all times upon the Eanemeut M Ares and upon sufficient pottions of Lots 11,12,13, and 14 adjacent thereto for the purpose of ' such consuuctlon, instillation, maintenance, repair mod/or replacement; PROVIDED, however, that any such pernrim and its successors. and aligns to 14ha11 promptly repair, replace or restore any roadway, walkway, paving, landscaping or other improvements d1 Wrbed, damaged or destroyed in the eotase of 'construction installation, maintenance, repair and/or replacement and' shall also ntnnove from the Easement Area and Lots II, 12,13, and 14 all debris resulting from the performance of the abave-described work. iI 9. I The foregoing rights, cash and obligations shall be perpetual and shall net with the land (includes Lots t 12, 13, and 14) and shell not be subject to tenninat'ion or modification, m eept by wiitten document executed by the record owners and mortgagees of Lots 11,12,13, and 14, and shalt imne to the benefit of sod be binding and obligatory upon the present and (in re owners of Lob 11,12,13, mid 14. 10. ; This instrument' supersedes any prior recorded or unrecorded easements respecting the same subject matter. Executed this Reservation of Easement the day and year first above written. 'WITNESSES: gc54 r R K. leant Karen K. Kent , • • • Reservation Of (Easement 13 ;:`' • • • DEC-14-1995 08 : 43 ( CLT IC ESCROW M NOM/STE I N 206 689 0281 P.05 ., . • . . , . . ' . • . . .. • . . . . . . STATE OP WASHINGTON ) .., - ) ss. 1 ' ' • County ofdditii . . 1 . I certify that I kno4/ or have satisfactory eviderox that .jefited_r_LigtaLy_Aft' are the person, who appeared before toe, and said persons sclarowledged that the) sigoed this . • instnmseut imd sr-knowledge& it to be their bee and vottmtary act for tire uses and purposes Ca meationed in the insqument. , . . . al . . IN • CS D ...../. 2 1 1, z er .. ....._ . 9 45 1 C) ' , • ."'•• .. • /44 . % ;4 ,/% -IfAr'/II.7 : .., . • ' Iii 4 411i:i14111A4/111t:%;64a • • Public ur sod for the . . . 40.6.• •• State of Washington . $ • p 6 NttrAll 74 . lege% d lithaieeise• • • . - • , n• N. *alAitort."` • My commission expires on "nag- 2 ri .. ..... 0 s- • • P I 'At° • ',..........•• • , ; dAcheotterptAavioast.eirl . . . . , . . . , . . . ' . • .• .. ' • : _ . ' 'DEC -14 -1995 08:44 / '"TIC ESCROW M HOHNSTEIN 206 689 0281 P.06 , ( N ( ) i ' Exhibit A ! , Lot 13 Legal Description ' , Lot 13 Block 4, Adams Home Tracts, 2nd Addition, Tract 13 less East 265 #L. 1 • Exhibit B Lot 12 Legal Description ! . CD Lot 12 Block 4, Adams Home Tracts, 2nd Addition, Tract 12 less East 265 #1:. . to .. © Exhibit C ' N Lot 11 Legal Description West 138 13 ft. of Tract ! i. N Lot 11 Block 4, Adams Horne Tract„ ltd Addition,, W Exhibit D , Lot 14 Legal Description ; ' , Lot 14 Block 4, Adams Hoene Tractf, 2nd Addktiont Tract 14. . t I M r FIFl. , h it 9512040796 m n • ,, „tic ..„ co f • • , jS It IC ,511 flu o1ar,Qh to ; ` • m • - _- o - -/ - -- - -- - - - - - . _ m • 71 . . : _ . _ • . . . • ---- ------ ---- . ._.... • — •, i. @ . . - . . . II2.I.? !. I . . . Fi -- . , -.-..- - -- - /r.2r S Sof ._ .__2r.c. AP ,f.a' . RI 0 . . .. . . __ _ . Oq . CO - • LO 'Or Ifie Ir T. ' - • . (S1 CV .‘■ * 4s, _ ....... „... ■„ . Nt, IP 4 . 7.0 _ . ki _. 71.0 ... 41 I eirrole..1 gat ficA-rs 1 e i l ? fiffi. 4 0 4 , 4. • . _ . .41 Lor 12 - • . ,.■ . _ . . . : z . r • 4 . u.1 i- .. neweal blia 4 2. i■ 10 s4 . tn . ?VA . 1 • . 101.21. i■ ..4 E 3 ( . • o rz _ U - .. ......../ . . . _ v ■4 • - . ...■, • . .. _ .. . .... . .. . co .. / 1" ,-.-. .. o . ; 20. 0 r . fii.0 / 71.0S ' •:. . . . . . • . • ' DEC -14 -1995 08: CLTIC ESCROW M HOHNSTEI 206 689 b281 P.�9 ( . }•. � ' ' ' .. ' TOTAL P.09