HomeMy WebLinkAbout1988 - Rockery Easement - Hampton Heights Associates - 88102502858810250285
ROCkERY EASEMENT
R E C I T A L S
EXHIBIT "C"
CASHE
THIS EASEMENT is entered into between HAMPTON HEIGHTS
ASSOCIATES LIMITED PARTNERSHIP, a Washington limited partnership
( "Grantor ") and SALANT INVESTMENTS, a limited partnership
( "Grantee ") .
A. Grantor is the owner of certain real property ( "Grantor
Parcel ") located in King County, Washington, and legally
ap described as follows:
N
C Lot 1 of Short Plat No. 83- 17 -SS, recorded December 21,
CV 1983 under Auditor's File No. 8312210348, being a
O portion of the following described property:
a Tracts 37 and 38, Brookvaie Garden Tracts, according to
the plat recorded in Volume 10 of Plats, page 47, in
King County, Washington.
Also, that portion of Section 23, Township 23 North,
Range 4 East, W.K., in King County, Washington,
described as follows:
Beginning at the Southeast corner of Tract 37; thence
East to the West line of Interurban Addition to
Seattle, according to the plat recorded in Volume 10 of
Plats, page 35, in King County, Washington; thence
Northerly along said West line to the Easterly
projection of the North line of Tract 38; thence West
to the Northeast corner of said Tract 38; thence South
along the East line of said Tract 38 and said Tract 37
to the point of beginning;
Together with that portion of the vacated South 152nd
Street which, upon vacation, attached to said premises
by operation of law; EXCEPT that portion thereof deeded
to the City of Tukwila under Auditor's File
No. 7512100369.
B. Grantee is the owner of certain real property ( "Grantee
Parcel ") located in King County, Washington, and legally
described. as follows:
Lot 2 of Short Plat 83- 17 -SS, recorded December 21,
1983 under Auditor's File No. 8312210348, being a
portion of the following described property:
Tracts 37 and 38, Brookvale Garden'Tracts, according to
the plat recorded in Volume 10 of Plats, page 47, in
King County, Washington.
OCT c5 9 as H '
Beginning at the Southeast corner of Tract 37; thence
East to the West line of Interurban Addition to
Seattle, according to the plat recorded in Volume 10 of
Plats, page 55, in Ring County, Washington; thence
Northerly along said West line to the Easterly
aD projection of the North line of Tract 38; thence West
am4
C to the Northeast corner of said Tract 38; thence South
along the East line of said Tract 38 and said Tract 37
04 to the point of beginning;
O
a0 Together with that portion of the vacated South 152nd
a0 Street which, upon vacation, attached to said premises
by operation of law; EXCEPT that portion thereof deeded
to the City of Tukwila under Auditor's File
No. 7512100369.
Also, that portion of Section 23, Township 23 North,
Range 4 East, W.M., in Xing County, Washington,
described as follows:
C. Grantor wishes to grant an easement to Grantee, and
Grantee wishes to accept said easement, pursuant to the terms
hereof.
NOW, THEREFORE, in consideration of the premises, and for
other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto
agree as follows:
1. Grantor grants to Grantee and its heirs and /or
successors, a permanent easement (the "Easement ") to construct
and maintain a rockery and landscaping over the east three feet
of the Grantor Parcel for the benefit of the Grantee Parcel.
Grantee's rockery and landscaping shall be consistent in
appearance with the existing rockery and landscaping of Grantor
on Grantor's Parcel. Grantee may not construct a cement wall,
or any other wall other than a rockery, or any other improvement
upon the Easement.
2. Grantee agrees to maintain the rockery and landscaping
in first class condition at all times and pay all necessary and
reasonable costs and expenses incurred in the installation,
maintenance and repair of the rockery and landscaping.
3. Grantee shall not be permitted to allow any liens to be
placed upon.the•Grantor Parcel as a result,of any.work performed
or materials supplied, or otherwise in connection with the
Easement'and the rockery and landscaping.
2
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4. Grantor shall not construct any buildings or structures
over the Easement.
5. In the event of any installation, maintenance, repair
or other work on the rockery and landscaping, Grantee shall
minimize the disturbance of Grantor's Parcel, and Grantee shall
restore the Grantor Parcel to its original condition (or better)
upon completing such maintenance, repair or other work.
6. This Easement shall in with the land and shall be
binding upon the parties hereto, as well as their heirs,
successors and assigns.
ap
N
CD 7. If either party employs an attorney or attorneys to
enforce any of the provisions hereof or to protect its interest
O in any manner arising under this Easement, or to recover damages
for the breach of this Easement, the non - prevailing party in any
legal action pursued agrees to pay to the prevailing party all
reasonable costs, damages and expenses, including attorney's
fees, expended or incurred in connection therewith.
DATED this / day of 4ci 6 r , 1988.
GRANTOR:
HAMPTON. ASSOCIATES
LIMITED PARTNERSHIP, a Wash -
ington limited partnership
By >.,
FQ'ame : ,iaittoV, S c117‘,4:..
Titles Orowir:r/ . /mot rm er
/g /hampaasa
GRANTEE:
SALANT INVESTMENTS, a
limited partnership
sy t
Nam .• S .'r 1 -0+ - �?�
Title: 'rr1..r-/"
STATE OF WASHINGTON)
ss.
COUNTY OF
On this day personally appeared before me Jn,.,,.LSS' &.'r --
to me known to be the General Partner of Hampton Heights
Associates Limited Partnership, the partnership that executed
the within and foregoing instrument, and acknowledged said
instrument to be the free and. voluntary act and deed of said
limited partnership, for the uses and purposes therein
mentioned, and on oath stated that he /she was authorized to
aa00 execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal this ,ice"'`- day of Q C,4-ci,cz _, 1988.
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c7 NOTARY PUBLI in 4nd for the
at at , f � - Walhlington
My app ete ( _ expires =- I - �C
STATE OF WASHINGTON)
ss.
V '
COUNTY OF )
On. this day personally appeared before me
to me known to be the General Partner of Salant Investments, the
limited partnership that executed the within and foregoing
instrument, and acknowledged said instrument to be the free and
voluntary act and deed of said limited partnership, for the uses
and purposes therein mentioned, and on oath stated that he /she
was authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal this ,/g day of !' °.'r h :S ' , 1988.
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