HomeMy WebLinkAbout2007 - Private Road Easement Agreement - Multani Palwinder / Kaur Balwinder - 2007121900113420071219001134
PAGE08 OF 808
KING COUNTY1
Return Address: Palwinder Multani
Kent, WA 9803
PRIVATE ROAD EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is made and entered into by and between the undersigned,
Palwinder Multani and Balwinder Kaur, a marital community, owners in fee simple of real
property ( "Grantor" herein) described as follows:
Lots 23, 24 and 25, Block 5, C D Hillman's Meadow Gardens Addition to the City of Seattle,
Division No. 1, according to the plat thereof recorded in Volume 12 of Plats, Page 64,
in King County, Washington.
(Also Known As Lots 1, 2, 3, 4 and Tract A of Tukwila Short Plat Number L06 -004 being a
portion of the northwest quarter of the southeast quarter of Section 10, T23N, R4E, W.M.)
(Tax Parcel No. 3347404120).
WHEREAS the "Grantor" herein who is also the "Grantee" herein executes this document for
the purpose of establishing an easement and maintenance agreement across its land for a
private road access, underground utilities, and drainage facilities for the benefit of the present
and future fee simple owners of the real property ("Grantee" herein) described in the attached
Exhibit A.
WHEREAS Grantor intends that all improvement costs and maintenance costs of the road
access, utilities, and drainage facilities within said easement will be borne solely by Grantee,
unless otherwise agreed in writing.
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
hereinafter expressed and other good and valuable consideration, in hand paid, receipt of
which is hereby acknowledged, Grantor hereby defines, declares, grants and conveys to
Grantee, a non - exclusive, perpetual private road easement, over, under, across, along and
through the real property described in the attached Exhibit B.
Page 1 of 8
/
EXCISE TAX NOT REQUIRED
R= Division
BY - ,.i%!�/
20071219001134.001
• •
PRIVATE ROAD EASEMENT AGREEMENT, continued
The herein Private Road Easement is granted and accepted subject to the covenants,
reservations and conditions described as follows:
1. This easement is for the sole purpose of ingress, egress, utilities, and drainage
facilities, together with the right for Grantee to enter said private road easement for the
purpose of installation, operation and maintenance of a private road, public or private
utilities and storm drainage facilities.
2. All costs for construction, operation and maintenance of the road and other
improvements within said easement shall be borne by Grantee, their heirs, successors
or assigns, unless otherwise agreed in writing.
3. The amount and type of maintenance to be performed on the road, utilities and
drainage facilities shall be determined by majority vote of the lot owners. Each lot
shall have one vote regardless of the number of owners owning any lot. For the
purpose of maintaining the facilities within said easement, each fee simple owner
using the facilities shall be assessed a proportional share of the actual cost of such
maintenance. Such assessment, together with interest thereon, and costs of collection
as herein provided, shall be a charge and become a continuing lien on the owners)
land on which assessment is made and shall be the personal obligation of said
owners) at the time the costs are incurred which form the basis of the assessment. If
any assessment is not paid within thirty (30) days after it is due, the assessment shall
bear interest from the due date at the rate of twelve percent (12 %) per annum and any
of the said owner(s) may bring an action at law against the person or persons obligated
to pay the assessment and interest, costs and reasonable attorneys fees of any such
action shall be added to the amount of such assessment and all such costs shall be
included in any judgment. The lien of the charges provided for in this instrument shall
be subordinate to the lien of any bonafide mortgage or deed of trust.
4. This Private Road Easement is subject to a utilities easement in favor of any electric,
telephone, television cable, gas, water, or sewer company, public or private, or their
permittees or assigns to install, construct, operate, maintain, alter, and repair their
respective utilities for servicing grantee properties, together with the right of ingress
and egress for said purposes.
5. The private road is paved with a porous asphalt surface that must be maintained to
prevent clogging by keeping the surface free of leaves, dirt and other debris at all times
and also by blowing or pressure washing the surface at lease two times a year. Surface
sweeping is not recommended because it may clog the surface.
The herein easement and covenants may be amended only upon the written agreement of the
Grantor and Grantee herein.
This easement shall run with the land and shall be binding on all parties having or acquiring
any right, title, or interest in the land described herein or any part thereof.
Page 2 of 8
20071219001134.002
PRIVATE ROAD EASEMENT AGREEMENT, continued
GRANTOR AND GRANTEE
Date: p rp
STATE OF WASHINGTON )
)ss.
COUNTY OF KING
Balwinder Kaur
Date: t - 1 '•- t'7� -.
On this + day of DeC. /Z40007, before me.allotary Public in and for the State of
Washington, personally appeared Palwinder Multani and Balwinder Kaur, a marital community, to me
known to be the individuals that executed the foregoing instrument, and acknowledged it to be the
free and voluntary act of said individuals, for the uses and purposes mentioned in the instrument, and
on oath stated that they were authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first
above written.
Notary Public >b and for the State of 4\
Washington, residing at ke 14 .
My commission expires: \' . 4 1
Page 3 of 8
20071219001134.003
EXHIBIT A
•
LOT 1, Tukwila Short Plat Number L06 -004:
The west 132.00 feet of Lot 23 and the north half of Lot 24, Block 5, C.D. Hillman's Meadow Gardens Addition
to the City of Seattle, Division No.1, according to the plat thereof, recorded in Volume 12 of Plats, Page 64, in
King County, Washington;
EXCEPT that portion of said Lot 23 and north half of Lot 24 lying within the following described real property:
That portion of Lots 23, 24 and 25, Block 5, C.D. Hillman's Meadow Gardens Addition to the City of Seattle,
Division No.1, according to the plat thereof; recorded in Volume 12 of Plats, Page 64, in King County,
Washington, described as follows:
Commencing at the Northwest corner of said Lot 23, Block 5;
Thence S0 °00'00 "E along the west line thereof, 50.00 feet to the True Point of Beginning;
Thence continuing S0 °00'00"E, 20.00 feet;
Thence S90 °00'00 "E along a line parallel with the north line of said Lot 23, Block 5, 115.00 feet to the
beginning of a tangent curve to the right;
Thence along the arc of a tangent curve to the right with a radius of 15.00 feet and central angle of 90 °00'00 ",
23.56 feet to a point of tangency;
Thence S0 °00'00"E, 5.00 feet;
Thence S90°00'00"E, 20.00 feet;
Thence N0°00_00'T+, 60.00 feet;
(T_hence N0 °00'00"W, 20.00 feet
fence S0 °00'00"E, 5.00 feet to the beginning of a tangent curve to the right;
Thence along the arc of a tangent curve to the right with a radius of 15.00 feet and central angle of 90°00'00 ",
23.56 feet to a point of tangency; •
Thence N90 °00'00"W along a line parallel with the north line of said Lot 23, Block 5,115.00 feet to the True
Point of Beginning.
LOT 2, Tukwila Short. Plat Number L06-004:
Lot 23 and the north half of Lot 24, Block 5, C.D. Hillman's Meadow Gardens Addition to the City of Seattle,
Division No. I, according to the plat thereof; recorded in Volume 12 of Plats, Page 64, in King County,
Washington;
EXCEPT the west 132.00 feet of said Lot 23 and north half of Lot 24;
ALSO EXCEPT that portion of said Lot 23 and north half of Lot 24 lying within the following described real
property:
That portion of Lots 23, 24 and 25, Block 5, C.D. Hillman's Meadow Gardens Addition to the City of Seattle,
Division No.1, according to the plat thereof; recorded in Volume 12 of Plats, Page 64, in King County,
Washington, described as follows:
Commencing at the Northwest comer of said Lot 23, Block 5;
Thence S0°00'00 "E along the west line thereof, 50.00 feet to the True Point of Beginning;
Thence continuing S0°00'00"E, 20.00 feet;
Thence S90°00'00"E along a line parallel with the north line of said Lot 23, Block 5,115.00 feet to the
beginning of a tangent curve to the right;
Thence along the arc of a tangent curve to the right with a radius of 15.00 feet and central angle of 90 °00'00 ",
23.56 feet to a point of tangency;
Page 4 of 8
20071219001134.004
EXHIBIT A CONTINUED
Thence S0°00'OO "E, 5.00 feet;
Thence S90°00'00 "E, 20.00 feet;
Thence NO°0Oj00'_'E,.60.00.feet:
Thence N0°00'00"W, 20.00 feet
Thence SO 0 X 00 "E, 5.00 feet to the beginning of a tangent curve to the right;
Thence along the arc of a tangent curve to the right with a radius of 15.00 feet and central angle of 90°00'00",
23.56 feet to a point of tangency,
Thence N90°00'00"W along a line parallel with the north line of said Lot 23, Block 5,115.00 feet to the True
Point of Beginning.
LOT 3, Tukwila Short Plat Number L06 -004:
Lot 25 and the south half of Lot 24, Block 5, C.D. H'illman's Meadow Gardens Addition to the City of Seattle,
Division No.1, according to the plat thereof; recorded in Volume 12 ofPlats, Page 64, in King County,
Washington;
EXCEPT the west 132.00 feet of said Lot 25 and the south half of Lot 24;
ALSO EXCEPT that portion of said Lot 25 and the south half of Lot 24 lying within the following described real
proPezty
That portion of Lots 23, 24 and 25, Block 5, C.D. Human's Meadow Gardens Addition to the City of Seattle,
Division No. 1, according to the plat thereof; recorded in Volume 12 of Plats, Page 64, in King County,
Washington, described as follows:
Commencing at the Northwest corner of said Lot 23, Block 5;
Thence S0 °00'OO"E along the west line thereof; 50.00 feet to the True Point of Beginning;
Thence continuing S0°00'00"E, 20.00 feet;
Thence S90 °00'00 "13 along a line parallel with the north line of said Lot 23, Block 5,115.00 feet to the
beginning of a tangent curve to the right;
Thence along the arc of a tangent curve to the right with a radius of 15.00 feet and central angle of 90 °00'00",
23.56 feet to a point of tangency,
Thence S0°00'00"E, 5.00 feet;
Thence S90°00'00 "E, 20.00 feet;
Thence NO °00 60.00 fee
Thence NO°00 20.00 feet;
Thence SO °00' 0 "5.00 eet to beginning of a tangent curve to the right;
Thence along the arc of a tangent curve to the right with a radius of 15.00 feet and central angle of 90 °00'00 ",
23.56 feet to a point of tangency;
Thence N90°00'00"W along a line parallel with the north line of said Lot 23, Block 5, 115.00 feet to the True
Point of Beginning.
Page 5 of 8
20071219001134.005
•
LOT 4, Tukwila Short Plat Number L06 -004:
The west 132.00 feet of Lot 25 and the south half of Lot 24, Block 5, C.D. Hillman's Meadow Gardens Addition
to the City of Seattle, Division No. 1, according to the plat thereof; recorded in Volume 12 of Plats, Page 64, in
King County, Washington;
EXCEPT that portion of said Lot 25 and the south half of Lot 24 lying within the following described real
ProPertY
That portion of Lots 23, 24 and 25, Block 5, CD. Hillman's Meadow Gardens Addition to the City of Seattle,
Division No.1, according to the plat thereof; recorded in Volume 12 of Plats, Page 64, in King County,
Washington, described as follows:
Commencing at the Northwest corner of said Lot 23, Block S;
Thence S0 °00'00'B along the west line thereof; 50.00 feet to the True Point of Beginning;
Thence continuing S0°00'00"E, 20.00 feet;
Thence S90°00'00"E along a line parallel with the north line of said Lot 23, Block 5,115.00 feet to the
beginning of a tangent curve to the righ
Thence along the are of a tangent curve to the right with a radius of 15.00 fret and central angle of 90 °00'00 ",
23.56 feet to a point of tangency;
Thence S0 °00'00"E, 5.00 feet;
Thence S90 °00'00"E, 20.00 feet;
Theaoe.N010'0rE, 60.00 feet;
Cur
00"W za oo f eet,
Thence S0°00'00"E, 5.00 feet to the beginning of a tangent curve to the right;
Thence along the arc of a tangent curve to the right with a radius of 15.00 feet and central angle of 90°00'00",
23.56 feet to a point of tangency;
Thence N90°00'00"W along a line parallel with the north line of said Lot 23, Block 5,115.00 feet to the Tine
Point of Beginning.
Page 6 of 8
20071219001134.006
IEXHIBIT B
•
TRACT A and Portions of Lots 1, 2, 3 and 4, of Tulcwila Short Plat Number L06 -004:
That portion of Lots 23, 24 and 25, Block 5, C.D. Hillman's Meadow Gardens Addition to the City of
Seattle, Division No.1, according to the plat thereof recorded in Volume 12 of Plats, Page 64, in King
County, Washington, described as follows:
Commencing at the Northwest corner of said Lot 23, Block 5;
Thence S0 °00'00 "E along the west line thereof, 50.00 feet to the True Point of Beginning;
Thence continuing S0 °00'00 "E, 20.00 feet;
Thence S90 °00'00"E along a line parallel with the north line of said Lot 23, Block 5,115.00 feet to
the beginning of a tangent curve to the right;
Thence along the arc of a tangent curve to the right with a radius of 15.00 feet and central angle of
90 °00'00 ", 23.56 feet to a point of tangency;
Thence S0 °00'00 "E, 30.00 feet;
Thence S90 °00'00"E, 20.00 feet;
Thence N0 °00'001'E,110.00 feet;
Thence N0 °00'00"W, 20,00 feet;
en e S0 °00'00 "E; 30:00 feet to the beginning of a tangent curve to the right;
Thence along the arc of a tangent curve to the right with a radius of 15.00 feet and central angle of
90 °00'00 ", 23.56 feet to a point of tangency;
Thence N90 °00'00 "W along a line parallel with the north line of said Lot 23, Block 5,115.00 feet to
the True Point of Beginning.
Page 7 of 8
20071219001134.007
O
8
I j -
-
4 18'
1 8'
03
1132.00 _
PRIVATE SIDE SEWER EASEMENT
TO BENEFIT OF LOT 2
1
6,512 aq.ft.
160.00'
S 90'00'00" E
4700'
m
SHORT PLAT L06004
co
0 1 inch =30 ft.
23
N00'00'W, 510
26' PRIVATE UTILITY EASEMENT NO0'O0'W,
4
6,512 aq.ft 25 1
icg
LI 132.00'
S90'00'001
20.00'
PRIVATE SIDE SEWER EASEMENT
TO 9ENEFIT OF LOT 3
PRIVATE ROAD EASEMENT
0 15 30 45 60
W
250.00'
250.00'
N
b
118.00'
118.00'
EMERGENCY VEHICLE TURN - AROUND
ACCESS EASEMENT
S 90'00'00" E 100.00'
10' PRIVATE ®uTY EASEMENT
EXISTING LOT LINE TO BE REMOVED
3 f1
6,540 sq.ft.
EA QE TURN — AROUND
ACCESS V
g g
b
t