HomeMy WebLinkAbout2001 - Parking Easement Agreement - Bricklayers Beneficial Assocation / ST Corporation - 20011022001189
After Recording Return To
Preston Gates & ElIis LLP
701 Fifth Avenue, Suite 5000
Seattle, Washington 98104
Attn Shannon Skinner
EXCISE. TAX NOT REQUIRED
C o A s ores Division
Assessor's Tax Parcel ID No(s) 115720- 0010 -03
11 PIN I
I�I� II
20011 22001189
CHICAGO TITLE EAS 15.00
PAGE 001 OF 008
KING
PARKING EASEMENT AGREEMENT
GRANTOR Bricklayers' Beneficial Association
GRANTEE ST Corporation
Legal Description:
Abbreviated form: PIN of TRT 1, Brookvale Garden Tracts, Vol. 10, Pg. 47, in
King County, WA
Additional legal on Exhibit A, page 5
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PARKING EASEMENT AGREEMENT
This Parking Easement Agreement (this "Agreement ") is made as of October 21
2001 and is by and between Bricklayers' Beneficial Association, a Washington building
corporation composed of fraternal society members ( "Grantor "), and ST Corporation, a
Washington corporation ( "Grantee ") and is made with reference to the following facts
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RECITALS 2
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A Contemporaneously herewith, Grantor is purchasing the real property u) D
descnbed on Exhibit A attached hereto from Grantee (the "Servient Estate ") The Servient = w
Estate is currently undeveloped. Grantor plans to improve the Servient Estate with a building =
and parking lot 1- 0
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B Grantee owns improved real property adjacent to the Servient Estate to the 2 D
North, which real property is described on Exhibit B attached hereto (the "Benefited o o
Property ") To comply with City of Tukwila zoning laws, the Benefited Property needs to use o
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'; 10 parking spaces on the Servient Estate = w
C The purchase and sale agreement pursuant to which Grantor is buying the p
Servient Estate requires this easement to be given to Grantee at closing. Cu z
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Therefore, in consideration of the agreements contained herein and as required by the
foregoing purchase and sate agreement, the parties agree as follows
1. Grant of Easement. Grantor conveys and quit claims to Grantee a perpetual
nonexclusive easement (the "Easement ") for parking ten vehicles on the Servient Estate on
the terms and conditions of this Agreement Grantor shall have the right to designate the
spaces or area in which the vehicles may park, which spaces or area may change from time to
time or may be used in common with Grantor's use of the Servient Estate. The vehicles that
may park on the Servient Estate under this Agreement shall not be larger than full size
passenger vehicles and shall exclude all trucks. The use of the Easement shall be subject to
Grantor's reasonable rules and regulations.
2 Hours of Use. The right to park vehicles under this Agreement shall be
limited to the hours of 6 a m and 6 p m , Monday through Friday.
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3. Permitted Users. Grantee's nghts to park under this Agreement may be
exercised by any tenant or invitee of the Benefited Property, or any employee or contractor
thereof
4 Development. Grantor shall have no obligation to improve the Servient
Estate at all or in any particular manner.
5. Indemnity. Use of the Easement shall be at the risk of Grantee and
any other user thereof. Grantee shall mdemnify, defend and hold Grantor harmless from any
loss, claims or damages (including attorneys' fees) arising out of use of the Easement by
Grantee or any other user permitted hereunder
6 Attorneys' Fees In any action to enforce this Agreement, the prevailing
party shall be entitled to its reasonable attorneys' fees and costs.
7 Governing Law. This Agreement shall be governed by the laws of the
State of Washington
8. Runs with the Land. This Agreement shall be bmdmg on and enforceable by
the successors and assigns of the parties hereto. The Easement and the covenants contained
cr, herein shall run with the land for the benefit and burden of future owners of the Servient
Estate and Benefited Property, as applicable.
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GRANTOR:
Bricklayers' Beneficial Association,
a Washington building corporation composed of
fraternal society members
By:
Name:
Title.
GRANTEE:
By:
Name: Hong S. Tan
Title President
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ST Corporation
a Washington corporation
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3 Permitted Users Grantee's rights to park under this Agreement may be
exercised by any tenant or invitee of the Benefited Property, or any employee or contractor
thereof
4 Development Grantor shall have no obligation to improve the Servient
Estate at all or in any particular manner.
5 Indemnity Use of the Easement shall be at the nsk of Grantee and
any other user thereof Grantee shall indemnify, defend and hold Grantor harmless from any
loss, claims or damages (including attorneys' fees) arising out of use of the Easement by
Grantee or any other user permitted hereunder.
6 Attorneys' Fees. In any action to enforce this Agreement, the prevailing
party shall be entitled to its reasonable attorneys' fees and costs.
7. Governing Law This Agreement shall be governed by the laws of the
State of Washington
8 Runs with the Land This Agreement shall be binding on and enforceable by
the successors and assigns of the parties hereto. The Easement and the covenants contained
herein shall run with the land for the benefit and burden of future owners of the Servient
., Estate and Benefited Property, as applicable
K14556.10000US4SSS
GRANTOR:
Bricklayers' Beneficial Association,
a Washington building corporation composed of
fraternal society members
By.
Name.
Title
GRANTEE:
ST Corporation
a Washington c• ; +ration
Name: Hong S T
Title. President
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COUNTY OF KING
Dated
STATE OF WASHINGTON
I certify that I know or have satisfactory evidence that thle
egiV cht0IV and
are the persons who appeared before me, and said person acknowledged that they
signed this instrument, on oath stated that they were authorized to execute the instrument and
acknowledged it as the __4ei% }2Z77CYt•" and of Bricklayers'
Beneficial Association to be the free and voluntary act of such party for the uses and purposes mentioned in
the instrument
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(Use this space for notanal stamp /seal)
STATE OF WASHINGTON
COUNTY OF KING
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Notary Public
Print Name k_ G►'t-
My commission expires 3/Z
)ss.
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I certify that I know or have satisfactory evidence that Hong S. Tan is the person who appeared
before me, and said person acknowledged that he signed this instrument, on oath stated that he/she was
authorized to execute the instrument and acknowledged it as the President of ST Corporation to be the free
and voluntary act of such party for the uses and purposes mentioned in the instrument
Dated , 2001
(Use this space for notarial stampfseal)
Notary Public
Print Name
My commission expires
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STATE OF WASHINGTON
COUNTY OF KING
I certify that I know or have satisfactory evidence that and
are the persons who appeared before me, and said person acknowledged that they
signed this instrument, on oath stated that they were authonzed to execute the mstrument and
acknowledged it as the and of Bricklayers'
Beneficial Association to be the free and voluntary act of such party for the uses and purposes mentioned in
the instrument
Dated
(Use this space for notarial stamp/seal)
STATE OF WASHINGTON
COUNTY OF KING
(Use this space for notanal stamp/seal)
, 2001
) ss
Notary Public
Print Name
My commission expires
)
) ss.
I certify that I know or have satisfactory evidence that Hong S Tan is the person who appeared
before me, and said person acknowledged that he signed this instrument, on oath stated that he/she was
authorized to execute the instrument and acknowledged it as the President of ST Corporation to be the free
and voluntary act of such party for the uses and purposes mentioned in the instrument
Dated I D G� , 2001
Notary Public
Print Name C E L' et V >
My commission expires 1'1 oti
4
Except the South 51 feet, and
LEGAL DESCRIPTION OF SERVIENT ESTATE
That portion of Tract 1, Brookvale Garden Tracts, according to the plat thereof, recorded in
Volume 10 of Plats, Page 47, m King County, Washington, lying easterly of 52 Avenue
South;
Except that portion thereof condemned m King County Superior Court Cause No 596231 for
Pnmary State Highway No 1.
Exhibit A
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Parcel A
Exhibit B
Number 8703190469), which attached thereto by Operation of Law.
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Situate in the County of King, State of Washington.
Parcel B:
LEGAL DESCRIPTION OF BENEFITED PROPERTY
Tracts 1 and 2, Young's Half Acre Tracts, according to the plat thereof, recorded in Volume
16 of Plats Page (s) 37, m King County, Washington;
Except that portion thereof condemned in King County Superior Court Cause Number 596633
for Primary State Highway No 1,
Together with that portion of vacated South 152 Street adjoining on the South as vacated on
December 4, 1967 by City of Tukwila Ordinance Number 502, which attached thereto by
Operation of Law; and
Together with that portion of vacated South 151 Street adjoining on the North as vacated on
November 13, 1985 by City of Tukwila Ordinance Number 1371 (Recorded under Recording
Tracts 3 and 4, Young's Half Acre Tracts, according to the plat thereof recorded in Volume
16 of Plats Page (s) 37, m King County, Washington,
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Except that portion thereof condemned m King County Superior Court Cause Number 594284
for Primary State Highway No 1,
Together with that portion of vacated South 152 Street adjoining on the South as vacated on
December 4, 1967 by City of Tukwila Ordmance Number 502, which attached thereto by
Operation of Law; and
Together with that portion of vacated South 151 Street adjoining on the North as vacated on
November 13, 1985 by City of Tukwila Ordinance Number 1371 (Recorded under Recording
Number 8703190469), which attached thereto by Operation of Law.
Situate in the County of King, State of Washington
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