HomeMy WebLinkAbout2006 - Reciprocal Driveway Easement and Maintenance Agreement - Masao LLC / ERRE LLC / SC 3 LLC / Evans 10 LLC - 20060120001363After Recording Return to:
Brad Decker
ERRE LLC
117 East Louisa Street #230
Seattle, WA 98102
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SC4 LLC EAS 44.00
PAGE001 OF 013
01/20/2006 11:45
KING COUNTY, UA
Document Title or Titles:
RECIPROCAL DRIVEWAY EASEMENT AND MAINTENANCE AGREEMENT
Reference Nos. of Documents Assigned or Released:
None
N
Name of Grantors:
Masao LLC, a Washington limited liability company, and ERRE LLC, SC 3 LLC, and Evans 10
LLC, as Tenants in Common, each of which is a Washington limited liability company
Name of Grantees:
ERRE LLC, SC 3 LLC, and Evans 10 LLC, as Tenants in Common, each of which is a
Washington limited liability company, and Masao LLC, a Washington limited liability company
Pages referencing additional names:
None
Abbreviated Legal Descriptions:
Lot 1, City of Tukwila Short Plat 80- 45 -SS.
Parcel B of City of Tukwila Boundary Line Adjustment recorded under Rec. No. 7811290697
Additional Legal Description Found On:
Exhibits A and B
Assessor's Property Tax Parcel Number or Account Number:
2623049063; 262304-9024-02
(JBSLI/J9999/0000143LB/124955.1)
1
RECIPROCAL DRIVEWAY EASEMENT AND MAINTENANCE AGREEMENT
This Reciprocal Driveway Easement and Maintenance Agreement
( "Agreement ") is made and entered into this day of Janulary, 2006, by and between MASAO
LLC, a Washington limited liability company ( "Masao "), and ERRE LLC, SC 3 LLC and Evans 10
LLC, as Tenants -in- Common, each of which is a Washington limited liability company
(collectively, "TIC ").
RECITALS
A. Masao is the owner of that certain real property located in King County, Washington
commonly known as 17275 Southcenter Parkway, Tukwila, Washington 98188 and legally
described on Exhibit A attached hereto ( "Masao Property").
B. TIC is the owner of that certain real property located in King County, Washington
commonly known as 17305 Southcenter Parkway, Tukwila, Washington 98188 and legally
described on Exhibit R attached hereto ( "TIC Property"). The Masao Property and the TIC
Property are herein collectively called the "Properties" and individually as a "Property ".
C. The City of Tukwila desires to have signaled access for both Properties through a
common driveway. This driveway must be on both Properties in order to line up with Minkler Blvd.
D. The parties hereto intend to declare, reserve, grant and establish certain reciprocal
and non - exclusive easements with respect to the Properties, all as is more fully set forth herein.
E. The fee owners of the Masao Property and the TIC Property from time to time are
sometimes collectively referred to as the "Owners" and individually as an
"Owner."
F. The easement area's from the Owners from time to time are sometimes collectively
referred to as the "Easement ".
NOW, THEREFORE, in consideration of the Recitals above, the mutual covenants and
conditions below, and other good and valuable consideration, the receipt and sufficiency of which
are acknowledged, the parties agree as follows:
1 GRANT OF RECIPROCAL EASEMENTS
a. Grant of Easement to TIC. Masao, on behalf of itself and its successors
and assigns, does hereby declare, grant, establish and dedicate to and for the benefit of the TIC
Property and the Owner of the TIC Property from time to time, and such Owner's successors and
assigns, a perpetual, non - exclusive easement and right -of -way of ingress and egress over the
southerly 16 feet of the easterly 240 feet, including without limitation, driveway access on the
southerly 34 feet of the easterly 58 feet of the Masao Property ( "TIC Easement ") as diagramed on
Exhibit D attached hereto. The TIC Easement is for access, ingress and egress for the purpose of
vehicular (including automobiles and truck) ingress and egress to and from the Properties. The
(JBSL I /J9999/00001 /BLS/ 12495 5.1)
2
Easement shall be for the benefit of both Owners and such Owners' employees, guests, tenants,
subtenants, patrons, vendors, transacting business on or temporarily visiting the Properties.
b. Grant of Easement to Masao. TIC, on behalf of itself and its successors
and assigns, does hereby declare, grant, establish and dedicate to and for the benefit of the Masao
Property and the Owner of the Masao Property from time to time, and such Owner's successors and
assigns, a perpetual, non - exclusive easement and right -of -way of ingress and egress over the
northerly 10 feet of the easterly 240 feet of the TIC Property ( "Masao Easement ") as diagramed
on Pxhihit D attached hereto. The TIC Easement and Masao Easement shall collectively be referred
to as the "Easements." The Masao Easement is for access, ingress and egress for the purpose of
vehicular (including automobiles and truck) ingress and egress to and from the Properties. The
Easement shall be for the benefit of both Owners and such Owners' employees, guests, tenants,
subtenants, patrons, vendors, transacting business on or temporarily visiting the Properties.
c. Construction of Easement Road. The Owner of the TIC Property shall
enter into a contract with a third party contractor to pave and construct the improvements within
the Easements at grades necessary for both Properties and with plans and specifications approved
by both Owners. The Owner of the TIC Property shall bear the cost of the construction of such
improvements.
2. USE, MAINTENANCE AND REPAIR OF EASEMENTS
a. No Interference. Neither Masao nor TIC, nor the successors and assigns of
either shall, without the prior written consent of the other, prohibit or materially interfere with the
reasonable use of the easement rights herein granted. Each Owner and its respective employees,
guests, tenants, subtenants, patrons, venders and invitees, shall not avail themselves of the right
under the easements in such a manner as to materially interfere with the rights of the other Owners
to use and enjoy both the easement and such other Owner's respective Property. Except for
emergencies, an Owner shall notify the other Owner in writing at least ten (10) days prior to the
commencement of any construction, reconstruction, repair or repaving of Easement area or closure
of any entrance to the Property. No Owner or their respective employees, guests, tenants,
subtenants, patrons, venders and invitees, shall have the right to install, construct, maintain and
shall not permit the installation, construction or maintenance of any fence, wall, or other
improvement that would block the access of the access, ingress and egress after the easement road
is constructed.
b. Taxes. Except as may otherwise be provided in a lease or other agreement
between Owners, all property taxes and assessments for a Property shall be paid by the Owner of
such Property.
c. Maintenance. Following completion of the improvements described in
Section 1.c above, each Owner of a Property shall maintain, or shall cause to be maintained, the
improvements in good repair and in a clean, sanitary and attractive condition, at such Owner's
sole costs and expense, on and within the Easements located on such Owner's Property. Each
( JBSLI/J9999/00001/BLB/124955.1)
Owner shall also comply, at its sole cost and expense, with all applicable governmental
requirements applicable to the improvements constructed on such Owner's Property.
d. Default. In the event that any Owner fails to perform any of its
obligations under this Section 2, the other Owner shall, upon thirty (30) days written notice to such
defaulting Owner, have the right, but not the obligation, in addition to all of the other rights and
remedies available to such non - defaulting Owner, at law or in equity, including, but not limited to,
damages and/or injunctive relief, to repair or maintain, or cause to be repaired or maintained, the
area of the easement and the improvements thereon which the defaulting Owner failed to maintain
or repair, including the right to enter upon the parcel of the defaulting Owner as may be reasonably
necessary in connection therewith. The defaulting Owner shall, upon written demand by the non-
defaulting Owner performing such corrective work, reimburse the non - defaulting Owner for all of
its costs and expenses incurred by such non - defaulting Owner in connection therewith. Any such
notice sent to a defaulting Owner may be given personally or by mail, and shall be deemed to have
been delivered to the defaulting Owner when it is personally delivered or, if mailed, when five (5)
days have elapsed from the date of the deposit in the United States mails, postage prepaid,
registered or certified, addressed to such defaulting Owner at the Owners address, or such other
address as such Owner by written notice to the other Owner may designate.
3. Notices. All notices shall be sent to the following address unless
otherwise changed:
(JBSL I /J9999/00001 BLB/ 124955.1)
To MASAO LLC: Masao LLC
10710 66 Avenue South
Seattle, WA 98178
Attn: Karlyne Iwata
To SC 3:
SC 3 LLC, ERRS LLC & EVANS 10 LLC
117 E. Louisa Street, #230
Seattle, WA 98102
Attn: Brad Decker
4. Binding Effect; Runs with the Land. The restrictions and easement rights
set forth herein shall run with the land and shall bind and be obligatory upon the Owners and their
respective successors and assigns, tenants, sub - tenants, licensees and invitees.
5. Attorneys' Fees. If either Owner shall institute any action or proceeding
against the other Owner, including any arbitration proceedings, relating to the provisions of this
Agreement, or any defaulting or alleged default hereunder, then the unsuccessful Owner in such
action or proceeding shall reimburse the successful Owner therein for the reasonable costs
(including court costs and reasonable attorneys' and expert fees) incurred therein by such successful
Owner.
4
IN WITNESS WHEREOF, this Agreement has been executed as of the day and
year first above written.
(JBSL I /J9999/00001 BLB/ 124955.1)
MASAO:
MASAO LLC,
By: Masao Mikami Trust
Its Member
By: Karlyne Iwata, Trustee
EV
5
By: Robert H. Schofield
Its: Manager
By: Decker Properties Limited Partnership,
Its: Managing Member
Its: Brad Decker, General Partner
By: Decker Properties Limited Partnership,
Its: Managing Member
Its: Brad Decker, General Partner
STATE OF WASHINGTON
COUNTY OF )k //V !v
I certify that I know or have satisfactory evidence that the person appearing before
me and making this acknowledgment is the person whose true signature appears on this document.
On this day personally appeared before me KARLYNE IWATA, to me known to be
the Trustee of the MASAO MIKAMI TRUST, the Member of MASAO LLC, the limited liability
company that executed the within and foregoing instrument, and acknowledged that she signed the
same as her free and voluntary act and deed, for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this /02 day of (h.ti too _,
2006.
Notary P d for thg State bf Washington,
residing at i'? mcl_S
My c mission expires: O 7—
P J. s w it 2 --
[Type or Print Notary Name]
STATE OF WASHINGTON
COUNTY OF
I certify k I know or have satisfactory evidence that the persons appearing before
me and making this acknowledgment are the persons whose true signatures appear on this
document.
On this day personally appeared before me Robert H. Schofield, to me known to be
the Manager of SC 3 LLC described in and who executed the within and foregoing instrument, and
acknowledged that they signed the same as their free and voluntary act and deed, for the uses and
purposes therein mentioned.
under my hand and official seal this I / j day of January, 2006.
No . y Pu . is in and for the State of Washington
residing at a L'i )fi
My commission expires: 9 / 9- O$
C )q TT. /
[Type or Print Notary Name]
(JBSLI /J9999/00001BLB/124955.I )
) ss.
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6
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PUBUG
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STATE OF WASHINGTON )
) ss.
COUNTY OF
[Type or Print Notary Name]
(JBSLI /J9999/00001 BLB/124955.1)
I certify that I know or have satisfactory evidence that the persons appearing before
me and making this acknowledgment are the persons whose true signatures appear on this
document.
On this day personally appeared before me Brad Decker, to me known to be the
General Partner of Decker Properties LP, who is the Manager of ERRE LLC described in and who
executed the within and foregoing instrument, and acknowledged that they signed the same as their
free and voluntary act and deed, for the uses and purposes therein mentioned.
E , under my hand and official seal this / 7 day of January, 2006.
No . u. d for the State of Washington,
resi. mg at a?,41..X , L,.117
My commission expires: 9-/9-C
C,4NDitoc J .I_ I
7
STATE OF WASHINGTON
COUNTY OF
) ss.
I certify at I know or have satisfactory evidence that the persons appearing before
me and making this acknowledgment are the persons whose true signatures appear on this
document.
On this day personally appeared before me Brad Decker, to me known to be the
General Partner of Decker Properties LP, who is the Manager of Evans 10 LLC described in and
who executed the within and foregoing instrument, and acknowledged that they signed the same as
their free and voluntary act and deed, for the uses and purposes therein mentioned.
g _
GIVEN un• er my hand and official seal this � / day of January, 2006.
Notary blic in and for the State of Washington,
residing at JAc -J,v 074
My commission expires: 9 -19 -- O Q
CAN PA.e_ S 1.1
[Type or Print Notary Name]
(JBSL I /J9999/00001 BLB/ 124955. I )
R
EXHIBIT A
LEGAL DESCRIPTION OF MASAO PROPERTY
THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON, LYING WESTERLY AT SOUTHCENTER PARKWAY AND LYING
EASTERLY OF INTERSTATE HIGHWAY FIVE (5), DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF
THE SOUTHWEST QUARTER; THEN N 88 °05'42" W 701.10 FEET TO THE WESTERLY
MARGIN OF SAID SOUTHCENTER PARKWAY; THENCE ALONG SAID WESTERLY
MARGIN S 01 °08'45" W 10.65 FEET; THENCE CONTINUING ALONG SAID MARGIN S
01 °05'23" W 1305.71 FEET TO THE INTERSECTION WITH THE SOUTH LINE OF SAID
NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE WESTERLY
ALONG SAID SOUTH LINE N 87 °55'53" W 621.98 FEET TO THE SOUTHWEST CORNER
OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, BEING THE POINT
OF BEGINNING; THENCE N 00 °50'36" E 155.01 FEET; THENCE PARALLEL WITH SAID
SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, S
87 °55'53" E 622.65 FEET TO A POINT ON SAID WESTERLY MARGIN OF SOUTHCENTER
PARKWAY; THENCE ALONG SAID WESTERLY MARGIN S 01 °05'23" W 155.01 FEET TO
A POINT ON SAID SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER; THENCE ALONG SAID SOUTH LINE N 87 °55'53" W 621.98 FEET TO THE
POINT OF BEGINNING; BEING A PORTION OF SURVEY RECORDED UNDER
AUDITOR'S FILE NO. 8008209001.
(ALSO KNOWN AS LOT 1 OF SHORT PLAT NO. 80- 45 -SS, AS RECORDED UNDER
RECORDING NO. 8106040707, RECORDS OF KING COUNTY; SITUATED IN THE CITY OF
TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.)
EXCEPTIONS:
TERMS AND CONDITIONS OF EASEMENT IMPOSED BY INSTRUMENT RECORDED ON
MAY 6, 1968, UNDER RECORDING NO. 6343884.
( JBSLI/J9999/00001/BLB/124955.I)
9
PARCEL B OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT, AS RECORDED
UNDER RECORDING NO. 7811290697, RECORDS OF KING COUNTY;
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
( JBSLI/J9999 /0000I/BLB /I24955.I)
EXHIBIT B
LEGAL DESCRIPTION OF TIC PROPERTY
1 0
(113SL1 /39999/00001 BLB /124955.1)
EXHIBIT C
LEGAL DECCRIPTION OF EASEMENT
Ingress, Egress Easement (17275 Southcenter Parkway)
The southerly 34 feet of the easterly 58 feet together with the southerly 16 feet of the easterly 240
feet of Lot 1, City of Tukwila Short Plat No. 80- 45 -SS, recorded under recording number
8106040707, said Short Plat being a portion of the Northeast Quarter of the Southwest Quarter in
Section 26, Township 23 North, Range 4 East, W.M. in King County, Washington.
Ingress, Egress Easement (17305 Southcenter Parkway)
The northerly 10 feet of the easterly 240 feet of Parcel B of City of Tukwila Boundary Line
Adjustment, as recorded under recording number 7811290697, records of King County;
Situate in the City of Tukwila, County of King, State of Washington.
1 1
(JBSL 1 /J9999/00001/BLB/124955.1)
EXHIBIT D
DIAGRAM OF EASEMENT
(See attached page.)
12
■
EXHIBIT D
DIAGRAM OF GRANTOR EASEMENT