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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 A4 $ G111GAG � 1�1 . � 1NS 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 0 RECITALS 2 gam 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 zi- 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 ` '; 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 UN c=3 AGREEMENT p H z 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. 2 z _I- o:2 6U 00 co LIJ N 0 ca N K 145583100001l57s1SJS 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. a GRANTOR: Bricklayers' Beneficial Association, a Washington building corporation composed of fraternal society members By: Name: Title. GRANTEE: By: Name: Hong S. Tan Title President 3 1-11/ P-13 1 O - 1AS / A/ sIGREr4/.y ST Corporation a Washington corporation CZo 0 ry 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 3 ,Z Y��::rTq:.. �sti� -: s:�t�iS.�y4•;�� tiJ�k :.I�till}� N 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 dt tk - 27 !2001. dO ,. �- 0 : 1 . t l �•°� Np� . ��S ■■ is yy -� (Use this space for notanal stamp /seal) STATE OF WASHINGTON COUNTY OF KING ) ss. Notary Public Print Name k_ G►'t- My commission expires 3/Z )ss. 444 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 4 Z re w 00 U) W J F— lo w LL Q, = Z W W U D 0 W u'O Z . W CO O ~ Z 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 5 WPM1,1"`ar,eIN Chk*VIrCa74, z z • 2 LLI 6 = -.3 0 O 0 U) a U) W' CO LL, w 0 u_ co n — x z I-- 0 z w w n c.) O — ct F— LU w • 0 1— 17- L 0 Ili 0 —I 0 Parcel A Exhibit B Number 8703190469), which attached thereto by Operation of Law. a 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, ca 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 6 N >heF:•RSJrei -:MrY ��M- ` •�' ' ,i..:i r, ....ai!!rii'�::�1t � � : ,