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Home My WebLink About2006 - Driveway Easement - Schoenbachler Enterprises - 20060519000857 Document Title(s) (or transactions contained therein): Driveway Easement COMMONWEALTH LAPD TITLE RIP: f V o &o3 I 01 Reference Number(s) of Documents assigned or released: (on page of documents(s)) _ Grantor(s) (Last name first, then first name and initials): Schoenbachier Enterprises, L.L.C. Grantee(s) (Last name first, then first name and initials): Schoenbachier Enterprises, L.L.C. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) PRCLS. 1 &2 C/TUK BLA NO. L96 -0032, REC. 9701160096, PTN G.L.6 7 SW OF PORTION OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 n Full legal is on pages 6 - 8 of document. Assessor's Property Tax Parcel /Account Number 352304 - 9034 -09; 352304 - 9015 -02 i,o6 X I Return Address Schoenbachier Enterprises, L.L.C. 9253 E. Sands Drive Scottsdale, AZ 85255 -5037 Attn: Robert Schoenbachier II 11 111111 1 11 9000857 2006051 COMMONWEALTH L EAS 40.00 PACE001 OF 009 KING T 11:51 COUNTY, UA 20060519000857.001 DRIVEWAY EASEMENT THIS DRIVEWAY EASEMENT (the "Easement ") is made and entered into this J7 day of May, 2006, by and between SCHOENBACHLER ENTERPRISES, L.L.C., a Washington limited liability company ( "Grantor"), and SCHOENBACHLER ENTERPRISES, L.L.C., a Washington limited liability company ( "Grantee "). RECITALS A. Grantee is the owner of that certain property more particularly described in Schedule 1 (the "Benefited Parcel "). Grantor is the owner of the adjacent property more particularly described in Schedule 2 (the "Burdened Parcel "). B. Grantor desires to grant an easement to Grantee for the purpose of pedestrian and motor vehicle passage over a portion of the Burdened Parcel on the terms and conditions set forth in this Easement. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following grants, agreements, covenants and restrictions are made: 1. Driveway Easement over the Burdened Parcel. Grantor grants to Grantee, its successors and assigns, as an easement appurtenant to the Benefited Parcel, a non - exclusive, irrevocable and perpetual easement for ingress and egress over, upon and across that certain area more particularly described in Schedule 3 (the "Easement Area ") to provide access for vehicle and pedestrian traffic to and from the Benefited Parcel from and to the public roadway commonly known as Southcenter Parkway. 2. Construction and Maintenance Grantee shall repair and maintain the Easement Roadway to keep the same in a clean, safe, unobstructed, good and usable condition. DRIVEWAY EASEMENT PAGE 1 5/17/06 20060519000857.002 3. Attorneys' Fees In the event either party seeks a judicial declaration of the parties' rights under the terms of the Easement, or in the event any dispute between Grantor and Grantee should result in litigation or arbitration, the prevailing party (or, in the case of a voluntary dismissal or similar proceeding, the party that does not initiate the dismissal or proceeding) shall be reimbursed for all reasonable costs and attorneys' fees incurred in connection with such litigation or arbitration, including, without limitation, reasonable costs and attorneys' fees incurred in collecting the judgment(s) or arbitration award(s) resulting from such litigation or arbitration. 4. Binding Covenant This Easement shall be a covenant running with the land and shall be binding on the successors, heirs, and assigns of Grantor and Grantee. 5. Governing Law; Venue This Easement shall be governed by and construed in accordance with the laws of the State of Washington, and the parties shall submit to the jurisdiction of any federal or state court sitting in Grant County, Washington in any action or proceeding brought to enforce, or otherwise arising out of or relating to, this Easement. DRIVEWAY EASEMENT PAGE 2 5/17/06 20060519000857.003 DATED this // day of May, 2006. DRIVEWAY EASEMENT GRANTOR: SCHOENBACHLER ENTERPRISES, L.L.C., a Washington limited liability company BER W. S OENBAC LER, MANAGER GRANTEE: BER W. SCHOENBACHLER, MANAGER SCHOENBACHLER ENTERPRISES, L.L.C., a Washington limited liability company 20060519000857.004 PAGE 3 5/17/06 STATE OF (,CSI ) ) ss. COUNTY OF ) On this // of May, 2006, before me, the undersigned, a Notary Public in and for'the State of ideSiA / .74/J , duly commissioned and sworn, personally appeared Robert W. Schoenbachler, to me known to be the person who signed as Manager of SCHOENBACHLER ENTERPRISES, L.L.C., the 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 duly elected, qualified and acting as said officer of the limited liability company and that he was authorized to execute said instrument. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. DRIVEWAY EASEMENT SUSAN A. PHELAN NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES MAY 1,2010 (Sig rS ure of Notary) ,za__ awl k‘,'."1 (Print or stamp name of Notary) NOTARY PUBLIC in and for t State of , residing at 1_ ioid My appointment expires: 20060519000857.005 PAGE 4 5/17/06 STATE OF ) • ) ss. COUNTY OF /It- ) On this tFa / y of May, 2006, before me, the undersigned, a Notary Public in and for the State of lc4/,r�ji/�-7 ,I , duly commissioned and sworn, personally appeared Robert W. Schoenbachler, to me known to be the person who signed as Manager of SCHOENBACHLER ENTERPRISES, L.L.C., the 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 duly elected, qualified and acting as said officer of the limited liability company and that he was authorized to execute said instrument. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. DRIVEWAY EASEMENT SUSAN A. PHEIAN NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES MAY 1, 2010 (Sign re of Notary .cargd (Print or stamp name of Notary) NOTARY UBLIC in and for t , State of , residing at L My app intment expires: /1, v 20060519000857.006 PAGE 5 5/17/06 Schedule 1 to Driveway Easement Benefited Property Legal Description PARCEL 1 OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L96 -0032. ACCORDING TO THE SURVEY RECORDED UNDER KING COUNTY RECORDING NO. 9701160096. EXCEPT THAT PORTION OF PARCEL 1 OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO, L96 -0032, ACCORDING TO THE SURVEY RECORDED UNDER KING COUNTY RECORDING NO. 9701160096, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 1, SAID CORNER BEING ON THE WEST LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST OF THE W.M.; THENCE NORTH 63°1T53" EAST ALONG THE NORTH LINE OF SAID PARCEL 1 A DISTANCE OF 485.50 FEET TO AN ANGLE POINT ON THE NORTH LINE OF SAID PARCEL 1; THENCE SOUTH 85 °44'45" EAST ALONG SAID NORTH LINE 505.17 FEET TO AN ANGLE POINT ON THE NORTH LINE OF SAID PARCEL, ALSO BEING THE POINT OF BEGINNING; THENCE LEAVING SAID NORTH LINE SOUTH 10 °53'13" WEST 235.39 FEET; THENCE SOUTH 37 °27'56" WEST 63.01 FEET; THENCE SOUTH 41°44'53" WEST 49.29 FEET; THENCE SOUTH 45 °36'54" WEST 452.08 FEET; THENCE NORTH 47 °13'31" WEST 20.56 FEET; THENCE SOUTH 42 °46'29" WEST 153.00 FEET; THENCE SOUTH 47 °24'17" EAST 19.35 FEET; THENCE SOUTH 42 °37'08" WEST 15.45 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF SAID PARCEL 1; THENCE SOUTH 63 °42'35" EAST ALONG SAID LINE 407.50 FEET TO THE WESTERLY RIGHT OF WAY MARGIN OF 57 AVE. SOUTH; THENCE NORTH 25 °01'18" EAST 223.43 FEET; THENCE NORTH 19 °03'12" EAST 849.64 FEET; THENCE NORTH 09 °47'17" EAST 28.44 FEET TO THE MOST NORTHEAST CORNER OF SAID PARCEL 1; THENCE SOUTH 62 °56'15" WEST 211.27 FEET TO THE POINT OF BEGINNING. ALL IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST OF THE W.M., CITY OF TUKWILA, KING COUNTY, WASHINGTON. DRIVEWAY EASEMENT PAGE 6 5/17/06 20060519000857.007 Schedule 2 to Driveway Easement Burdened Property Legal Description PARCEL 2 OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L96 -0032. ACCORDING TO THE SURVEY RECORDED UNDER KING COUNTY RECORDING NO. 9701160096. TOGETHER WITH THAT PORTION OF PARCEL 1 OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L96 -0032, ACCORDING TO THE SURVEY RECORDED UNDER KING COUNTY RECORDING NO. 9701160096, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 1, SAID CORNER BEING ON THE WEST LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST OF THE W.M.; THENCE NORTH 63 °17'53" EAST ALONG THE NORTH LINE OF SAID PACEL 1 A DISTANCE OF 485.50 FEET TO AN ANGLE POINT ON THE NORTH LINE OF SAID PARCEL 1; THENCE SOUTH 85 °44'45" EAST ALONG SAID NORTH LINE 505.17 FEET TO AN ANGLE POINT ON THE NORTH LINE OF SAID PARCEL, ALSO BEING THE POINT OF BEGINNING; THENCE LEAVING SAID NORTH LINE SOUTH 10 °53'13" WEST 235.39 FEET; THENCE SOUTH 37° 27'56" WEST 63.01 FEET; THENCE SOUTH 41°44'53" WEST 49.29 FEET; THENCE SOUTH 45 °36'54" WEST 452.08 FEET; THENCE NORTH 47 °13'31" WEST 20.56 FEET; THENCE SOUTH 42 °46'29" WEST 153.00 FEET; THENCE SOUTH 47 °24'17" EAST 19.35 FEET; THENCE SOUTH 42 °37'08" WEST 15.45 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF SAID PARCEL 1; THENCE SOUTH 63 °42'35" EAST ALONG SAID LINE 407.50 FEET TO THE WESTERLY RIGHT OF WAY MARGIN OF 57 AVE. SOUTH; THENCE NORTH 25 °01'18" EAST 223.43 FEET; THENCE NORTH 19 °03'12" EAST 849.64 FEET; THENCE NORTH 09 °47'17" EAST 28.44 FEET TO THE MOST NORTHEAST CORNER OF SAID PARCEL 1; THENCE SOUTH 62 °56'15" WEST 211.27 FEET TO THE POINT OF BEGINNING. ALL IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST OF THE W.M., CITY OF TUKWILA, KING COUNTY, WASHINGTON. DRIVEWAY EASEMENT PAGE 7 5/17/06 20060519000857.008 Schedule 2 to Driveway Easement Easement Area Legal Description A 20 FOOT WIDE EASEMENT FOR INGRESS AND EGRESS, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF PARCEL 1, OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L96 -0032, ACCORDING TO THE SURVEY RECORDED UNDER KING COUNTY RECORDING NO. 9701160096; THENCE NORTH 63° 17'53 "EAST ALONG THE NORTH LINE OF SAID PARCEL 1, A DISTANCE OF 485.50 FEET TO AN ANGLE POINT ON THE NORTH LINE OF SAID PARCEL 1; THENCE SOUTH 85° 44'45 "EAST ALONG SAID NORTH LINE 505.17 FEET TO AN ANGLE POINT ON THE NORTH LINE OF SAID PARCEL 1; THENCE LEAVING SAID NORTH LINE SOUTH 10° 53'13 "WEST 235.39 FEET; THENCE SOUTH 37° 27'56' WEST 48.80 FEET TO THE POINT OF BEGINNING OF THIS CENTERLINE; THENCE SOUTH 71° 09'58 "EAST 132.80 FEET, MORE OR LESS, TO THE WESTERLY RIGHT OF WAY MARGIN OF 57t AVENUE SOUTH, ALSO BEING THE TERMINUS OF THE CENTERLINE. ALL SITUATE IN THE WEST HALF OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST OF THE W.M., KING COUNTY, WASHINGTON. DRIVEWAY EASEMENT PAGE 8 5/17/06 20060519000857.005