HomeMy WebLinkAbout2004 - Private Road Easement Agreement - Doak Homes - 20040503000886
DOAK HOMES, INC.
11812 26 Ave. SW
Burien, WA 98146
Title: PRIVATE ROAD EASEMENT AGREEMENT
Reference Numbers:
Grantor: DOAK HOMES, INC.
Grantee: DOAK HOMES, INC.
20040503
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Legal Description:
Lot 26, 27 and the West half of Lot 28 of Bennett's Interurban Tracts Unrecorded.
Tax Parcel Numbers: 0733000125, 0733000130, 0733000131
Private Road Easement Agreement Page 1 of 6
PRIVATE ROAD EASEMENT AGREEMENT
KNOWN ALL MEN BY THESE PRESENTS that the undersigned, is the owner in fee
simple ( "Grantor" herein), of the real properties described as follow:
PARCEL A
The North 65.50 feet of that portion of Section 10, Township 23 North, Range 4 East,
W.M., described as follows:
Beginning at the Northwest corner of said Section 10;
Thence South 1168.66 feet to a stone monument set as the initial point of land released by
Ada H. Bennett to the Duwamish Investment Company on August 7, 1913;
Thence East 1312.86 feet to a line between Government Lots 5 and 6 of said Section 10;
Thence South, along said line, 80 feet to the South line of the P.H. Western Road (S.116th
Street) and the True Point of Beginning of the tract herein described;
Thence East, along said road, 60 feet to a point hereinafter designated as Point "A ";
Thence continuing East along said road, 60 feet;
Thence South 00 °04' 11" East to the South line of the 3.75 acre Tract Deed by Henry C.
Valentine and wife to James M. Mitchell on December 29, 1868;
Thence South 89 °53'47" West along said South line 60 feet to a point South 00°04'11"
East 249.13 feet from point "A ", which point is hereinafter designated as Point `B ";
Thence continuing along said South line 21.87 feet to the East line of the Puget Sound
Electric Railway right of way;
Thence Northerly along said right of way, 284.03 feet to the South line of said P.H.
Western Road (S.116th Street);
Thence East along same 95.79 feet to the True Point of Beginning;
EXCEPT that portion thereof lying Easterly of a line drawn from said Point "A" to said
Point `B ";
and,
PARCEL B
That portion of Section 10, Township 23 North, Range 4 East, W.M., described as follows:
Beginning at the Northwest corner of said Section 10;
Thence South 1168.66 feet to a stone monument set as the initial point of land released by
Ada H. Bennett to the Duwamish Investment Company on August 7, 1913;
Thence East 1312.86 feet to a line between Government Lots 5 and 6 of said Section 10;
Thence South, along said line, 80 feet to the South line of the P.H. Western Road (S.116th
Street) and the True Point of Beginning of the tract herein described;
Thence East, along said road, 60 feet to a point hereinafter designated as Point "A ";
Thence continuing East along said road, 60 feet;
Thence South 00 °04' 11" East to the South line of the 3.75 acre Tract Deed by Henry C.
Valentine and wife to James M. Mitchell on December 29, 1868;
Private Road Easement Agreement Page 2 of 6
Thence South 89 °53'47" West along said South line 60 feet to a point South 00°04'11"
East 249.13 feet from point "A ", which point is hereinafter designated as Point `B ";
Thence continuing along said South line 21.87 feet to the East line of the Puget Sound
Electric Railway right of way;
of way and the termination of this line description;
and,
PARCEL C
That portion of Section 10, Township 23 North, Range 4 East, W.M., described as follows:
Beginning at the Northwest corner of said Section 10;
Thence South 1168.66 feet to a stone monument set as the initial point of land released by
Ada H. Bennett to the Duwamish Investment Company on August 7, 1913;
Thence East 1312.86 feet to a line between Government Lots 5 and 6 of said Section 10;
Thence South, along said line, 80 feet to the South line of the P.H. Western Road (S.116th
Street) and the True Point of Beginning of the tract herein described;
Thence East, along said road, 60 feet to a point hereinafter designated as Point "A ";
Thence continuing East along said road, 60 feet;
Thence South 00°04'11" East to the South line of the 3.75 acre Tract Deed by Henry C.
Valentine and wife to James M. Mitchell on December 29, 1868;
Private Road Easement Agreement Page 3 of 6
Thence South 89 °53'47" West along said South line 60 feet to a point South 00 °04' 11"
East 249.13 feet from point "A ", which point is hereinafter designated as Point `B ";
Thence continuing along said South line 21.87 feet to the East line of the Puget Sound
Electric Railway right of way;
Thence Northerly along said right of way, 284.03 feet to the South line of said P.H.
Western Road (S.116th Street);
Thence East along same 95.79 feet to the True Point of Beginning;
EXCEPT that portion thereof lying Easterly of a line drawn from said Point "A" to said
Point `B ";
EXCEPT that portion lying Northerly of the following described line:
Beginning at the Northwest corner of said Section 10, Township 23 North, Range 4 East,
W.M.;
Thence South 1168.66 feet to a stone monument set as the initial point of land released by
Ada H. Bennett to the Duwamish Investment Company on August 7, 1913;
Thence East 1312.86 feet to a line between Government Lots 5 and 6 of said Section 10;
Thence South, along said line, 80 feet to the South line of the P.H. Western Road (S. 116th
Street);
Thence East, along the South line of said road, 60 feet to a point hereinbefore designated as
Point "A";
Thence South 00°04'11" East, 129.68 feet to the True Point of Beginning of this line
description;
Thence N90 °00'00 "W, 22.00 feet;
Thence S76 °53'02 "W, 68.97 feet to the East line of the Puget Sound Electric Railway right
of way and the termination of this line description;
WHEREAS, Grantor intends to create a joint access, utility and drainage facilities within a
private easement to service the three parcels described hereinabove, and
WHEREAS Grantor intends that each of the three parcels described hereinabove shall be
responsible for a proportional share of the maintenance of the roadway, utility and drainage
facilities constructed within said private easement.
NOW THEREFORE, Grantor hereby declares, grants and conveys to the hereinabove
described Parcels A, B and C, a private road easement over, under, across and through the
real property described as follows:
The East 22.00 feet of the North 129.68 feet of that portion of Section 10, Township 23
North, Range 4 East, W.M., described as follows:
Beginning at the Northwest corner of said Section 10;
Thence South 1168.66 feet to a stone monument set as the initial point of land released by
Private Road Easement Agreement Page 4 of 6
Ada H. Bennett to the Duwamish Investment Company on August 7, 1913;
Thence East 1312.86 feet to a line between Government Lots 5 and 6 of said Section 10;
Thence South, along said line, 80 feet to the South line of the P.H. Western Road (S.116th
Street) and the True Point of Beginning of the tract herein described;
Thence East, along said road, 60 feet to a point designated as Point "A ";
Thence South 00°04'11" East to the South line of the 3.75 acre Tract Deed by Henry C.
Valentine and wife to James M. Mitchell on December 29, 1868;
Thence South 89 °53'47" West along said South line 21.87 feet to the East line of the Puget
Sound Electric Railway right of way;
Thence Northerly along said right of way, 284.03 feet to the South line of said P.H.
Western Road (S.116th Street);
Thence East along same 95.79 feet to the True Point of Beginning;
Situate in the County of King, State of Washington.
Parcel A, Parcel B and Parcel C described hereinabove shall each pay a proportional share
of the maintenance costs of the roadway, utility and drainage facilities constructed within
said private easements subject to the following reservations and conditions:
1. Maintenance costs of the roadway, utility and drainage facilities constructed within
said easement shall be borne equally by all parties taking legal access therefrom,
their heirs, successors or assigns, and such costs shall be divided equally between
the fee simple owners of all parcels of land that are taking legal access therefrom.
2. The amount and type of maintenance to be performed on the private roadway,
utility and drainage facilities shall be determined by majority vote of the lot owners
taking legal access therefrom. Each lot shall have one vote regardless of the number
of owners owning any lot. The roadway shall at all times be maintained with a
smooth asphalt driving surface unless otherwise agreed in writing by Grantor.
3. For the purpose of maintaining the road within said easement, each fee simple
owner taking legal access therefrom shall be assessed a proportional amount 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 owner(s) land on which assessment is made and shall be the
personal obligation of said owner(s) 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.
Private Road Easement Agreement Page 5 of 6
4. 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.
DOAK HOMES, INC.
11€1 gav › L/2, Y
by: Darryl Doak, Sr.
it's President
STATE OF WASHINGTON )
)ss.
COUNTY OF King )
I certify that I know or have satisfactory evidence that Darryl Doak, Sr. is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he was authorized to execute the instrument, and acknowledged it as the
president of Doak Homes, Inc., a Washington corporation, to be the free and voluntary act
and deed of such party for the uses and purposes therein mentioned in the instrument.
Given under ' and official seal this b' . day of 04( L , 2004.
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Appointment expires: ,g-1c.1
Private Road Easement Agreement Page 6 of 6
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