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HomeMy WebLinkAbout2007 - Access and Utility Easement and Road Maintenance Agreement - Toddland LLC - 2007092100021020070921000210 20070921900001 Return recorded document to: Taro %usunose Lasher Holzapfel Sperry & Ebberson, PLLC 2600 Two Union Square 601 Union Street Seattle, Washington 98101 -4000 Reference number of related documents: Short Plat # 2.00 '4O q 215©OOO vet t �3Z (Client Files \05740\S520135.DOC} 1 • • ACCESS AND UTILITY EASEMENT AND ROAD MAINTENANCE AGREEMENT 111111 11 111111111 111 11 11111 20070921000210 ERIC REESE REI EAS 88.00 PAGE001 OF 008 09/21/2007 09:19 KING COUNTY, WA 1 0 Grantor: Toddland, L.L.C., a Washington limited liability company Grantee: Toddland, L.L.C., a Washington limited liability company Legal Description: SE 1/4, NW 1/4, Section 14, Twp. 23 N, Range 4 E, W.M. Tax Parcel Number p: 2 1°4 200 —O 22,S tJe.ra) COOKIC∎ es A t>Wk THIS INSTRUMENT is made this 4 day of , 2007, by and between Toddland, L.L.C., a Washington limited liability company (` an or ") and Toddland, L.L.C., a Washington limited liability company ( "Grantee "). RECITALS A. Grantor /Grantee is the owner of that certain real property and improvements located in King County and legally described as shown on the attached Exhibit "A" (hereinafter called the "Grantor /Grantee's Property"). B. Grantor /Grantee is the owner of certain real property and improvements located in King County and legally described as shown on the attached Exhibit "B" (hereinafter called the "Easement Tract "). C. Grantee desires to obtain an access and utility easement over the Easement Tract, which is a part of the Grantor /Grantee's Property. • • D. Grantor is willing to grant such an easement to Grantee, provided Grantee agrees to certain conditions contained herein, including entering into an agreement for road maintenance as part of this easement. NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1. Grant of Easement. Grantor does hereby grant and convey to Grantee, and to each of Grantee's heirs, successors and assigns, for the benefit of Grantor /Grantee's Property, a perpetual easement for reasonable pedestrian and vehicular access, ingress and egress to South 133` Street and for the following utilities: sewer, data (telephone and /or Internet and/or cable and/or fiber optic), natural gas, and electricity, over, under and across the Easement Tract legally in described as shown on the attached Exhibit `B," and as diagrammed k - (4 being a rectangle shaped area of approximately 20 feet by 160.08 feet. Vol 2.32 CAl 200109219001901 P� „9Z 2. Maintenance and Liability Agreement. Grantee agrees that such easement for road use shall be well maintained, safe and free of any hazard. Grantee further agrees to repair and maintain the road easement in a reasonably usable condition to facilitate the use by passenger vehicles. The responsibility for and cost of maintenance and/or repair of any improvements, roadways and/or utilities constructed upon, under or within the easement granted herein shall be borne equally by the owners of Grantor /Grantee's Property, their heirs, successors and assigns; provided, however, that where utility systems are used in common, no owner shall be liable for any portion of a commonly used utility system beyond said owner's point of connection to the same. The responsibility for construction of any improvements, roadways and/or utilities constructed upon, under or within the easement granted herein (as opposed to maintenance and/or repair of existing improvements, roadways and/or utilities) shall be borne by the party benefited by or performing such construction. All work to be performed by Grantees on the Easement Tract shall be in a careful and workmanlike manner, free of claims and liens. 3. Duration. The term of said easement shall be indefinite and shall continue until revoked by the mutual agreement of Grantor and Grantee or their heirs, successors or assigns. Said easement is intended to and shall run with the land and the benefits and burdens of the easement herein created shall pass to the heirs, successors and assigns of the parties in and to their respective properties benefited and burdened by these easements. 4. Costs and Attorneys' Fees. If any party hereto shall bring any suit, arbitration or other action against another for relief, declaratory or otherwise, arising out of this Agreement, the prevailing party shall have and recover against the other party, in addition to all costs and disbursements, such sum as the Court, or arbiter may determine to be a reasonable attorney's fee. 5. Specific Performance. If any party shall default in its obligations under this Agreement, the parties each acknowledge that it would be extremely difficult to measure the resulting damages. Accordingly, any nondefaulting party, in addition to any other rights or remedies, shall be entitled to restraint by injunction of a violation, or attempted or threatened violation, of any condition or provision of this Agreement, or to a decree specifically compelling performance of any such condition or provision. In such event, all parties hereto each expressly waive their defense that a remedy in damages or at law would be adequate. {Client Files \05740\s520135.DOC} 2 GRANTOR: By: I 6. Documents. Each party to this Agreement shall perform any and all acts and execute and deliver any and all documents as may be necessary and proper under the circumstances in order to accomplish the intents and purposes of this Agreement and to carry out its provisions. 7. Survival/Non Merger.. Despite Grantor /Grantee owning both the dominant and servient estates, the doctrine of merger shall not apply to the creation of the easement described herein, and the easement created hereunder shall not merge with the fee interest in Grantor /Grantee's Property. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly signed as of the day and year first above written. Toddland, L i A Washin GRANTEE: ility company Toddland, L.L.C. A Washingto ility company (Client Fiies105740\S520135.DOC} 3 STATE OF WASHINGTON ) )ss. COUNTY OF KING ) {Client Files \05740\S520135.13OC} 4 • • I certify that I know or have satisfactory evidence that Todd Heistuman is the person who appeared before me, and that person acknowledged signing this instrument, on oath stated their authority to execute the instrument and acknowledged it as the authorized agent of the party on behalf of whom instrument was executed to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. �,f1 SUBSCRIBED and SWORN to before me this t!/ da of , 2007. , c., K SA t/ N lh a • & 'lei %. (pr name s° m% 5 s NOTARY PUBLIC in and for the State of V N y 5 ' %,, ,9 �e l- \� _ = Washington, residing at / ii ,OR """M. . My Commission expires: d g7bg /�l0 Il11N1\ \ \ \q ° ` LOT 1: BEGINNING AT THE NORTHWEST CORNER OF TRACT 43, PLAT OF SECOND ADDITION EAST RIVERTON GARDEN TRACTS, RECORDED IN VOLUME 12 OF PLATS, PAGE 79, RECORDS OF KING COUNTY, WASHINGTON; THENCE NORTH 33'40'00" EAST ALONG THE EASTERLY MARGIN OF 56111 AVENUE SOUTH 53.36 FEET; THENCE SOUTH 56'20'00" EAST 121.82 FEET; THENCE SOUTH 33'40'00" WEST 53.36 FEET; THENCE NORTH 5620'00" WEST ALONG THE SOUTHERLY LINE OF SAID TRACT 44, 121.82 FEET TO THE POINT OF BEGINNING. LOT 2: COMMENCING AT THE NORTHWEST CORNER OF TRACT 41 PLAT OF SECOND ADDITION EAST RIVERTON GARDEN TRACTS, RECORDED IN VOLUME 12 OF PLATS, PAGE 79, RECORDS OF KING COUNTY, WASHINGTON; THENCE NORTH 33'40'00" EAST ALONG THE EASTERLY MARGIN OF 56111 AVENUE SOUTH 53.36 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 33'40'00" EAST ALONG THE EASTERLY MARGIN OF 56TH AVENUE SOUTH 53.36 FEET; THENCE SOUTH 56'20'00" EAST 121.82 FEET; THENCE SOUTH 33'40'00" WEST 53.36 FEET; THENCE NORTH 56'20'00" WEST 121.82 FEET TO THE POINT OF BEGINNING. LOT 3: COMMENCING AT THE NORTHWEST CORNER OF TRACT 43 PLAT OF SECOND ADDITION EAST RIVERTON GARDEN TRACTS, RECORDED IN VOLUME 12 OF PLATS, PAGE 79, RECORDS OF KING COUNTY, WASHINGTON; THENCE NORTH 33'40'00" EAST ALONG THE EASTERLY MARGIN OF 56711 AVENUE SOUTH 106.72 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 33'40'00" EAST ALONG THE EAST MARGIN OF 56TH AVENUE SOUTH 53.36 FEET TO THE SOUTHERLY MARGIN OF SOUTH 133RD STREET; THENCE SOUTH 5620'OO' EAST ALONG THE SOUTHERLY MARGIN OF SOUTH 133RD STREET 121.82 FEET; THENCE SOUTH 33'40'00" WEST 53.36 FEET; THENCE NORTH 5620'00" WEST 121.82 FEET TO THE POINT OF BEGINNING. EXHIBIT "A" {Client Files \05740\S520135.DOC} 5 LOT 4: COMMENCING AT THE NORTHWEST CORNER OF TRACT 4$ PLAT OF SECOND ADDITION EAST RIVERTON GARDEN TRACTS, RECORDED IN VOLUME 12 dF PLATS, PAGE 79, RECORDS OF KING COUNTY, WASHINGTON; THENCE SOUTH 5620'00' EAST ALONG THE SOUTHERLY MARGIN OF SAID TRACT 44, 121.82 FEET; THENCE NORTH 3340'00" EAST 106.72 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 33'40'00" EAST 53.36 FEET TO THE SOUTHERLY MARGIN OF SOUTH 133RD STREET; THENCE SOUTH 56'20'00" EAST ALONG THE SOUTHERLY MARGIN OF SOUTH 133RD STREET 121.82 FEET; THENCE SOUTH 33'40'00" WEST 53.36 FEET; THENCE NORTH 56'20 WEST 121.82 FEET TO THE POINT OF BEGINNING. LOT 5: COMMENCING AT THE NORTHWEST CORNER OF TRACT 43.,, °LAT OF SECOND ADDITION EAST RIVERTON GARDEN TRACTS, RECORDED IN VOLUME 12 OF PLATS, PAGE 79, RECORDS OF KING COUNTY, WASHINGTON; THENCE SOUTH 5620'00" EAST ALONG THE SOUTHERLY MARGIN OF SAID TRACT 44, 121.82 FEET; THENCE NORTH 33'40'00" EAST 53.36 1-1±1 TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 33'40 EAST 53.36 FEET; THENCE SOUTH 5620'00" EAST 121.82 FEET; THENCE SOUTH 33'40'00" WEST 53.36 FEET; THENCE NORTH 56'20'00" WEST 121.82 FEET TO THE POINT OF BEGINNING. LOT 6: COMMENCING AT THE NORTHWEST CORNER OF TRACT .1 PLAT OF SECOND ADDITION EAST RIVERTON GARDEN TRACTS, RECORDED IN VOLUME 12 Ot PLATS, PAGE 79, RECORDS OF KING COUNTY, WASHINGTON; THENCE SOUTH 56'20'00" EAST ALONG THE SOUTHERLY MARGIN OF SAID TRACT 44, 121.82 FEET TO THE POINT OF BEGINNING; THENCE NORTH 33'40'00" EAST 53.36 FEET; THENCE SOUTH 5620'00" EAST 121.82 FEET; THENCE SOUTH 33'40'00" WEST 53.36 FEET; THENCE NORTH 5620'00" WEST ALONG THE SOUTHERLY MARGIN OF SAID TRACT 44, 121.82 FEET TO THE POINT OF BEGINNING. • • EXHIBIT "B" COMMENCING AT THE NORTHWEST CORNER OF TRACT 4 PLAT OF SECOND ADDITION EAST RIVERTON GARDEN TRACTS, RECORDED IN VOLUME 12 OF PLATS, PAGE 79, RECORDS OF KING COUNTY, WASHINGTON: THENCE SOUTH 56'20'00" EAST ALONG THE SOUTHERLY MARGIN OF SAID TRACT 44, 111.82 FEET TO THE POINT OF BEGINNING; THENCE NORTH 33'40'00" EAST 160.08 FEET; THENCE SOUTH 56'20'00" EAST 20.00 FEET; THENCE SOUTH 33'40'00" WEST 160.08 FEET; THENCE NORTH 56'20'00" WEST ALONG THE SOUTHERLY MARGIN OF SAID TRACT 44, 20.00 FEET TO THE POINT OF BEGINNING.