HomeMy WebLinkAbout1995 - Declaration of Easements - Home Depot - 95122605779512260577
951226 -0577 10:34:00 HM KING COUNTY RECORDS 010 TINT
Recorded at request of
and return to:
Home Depot U.S.A., Inc.
601 South Placentia
Fullerton, California 92631
Attn: Legal Department
DECLARATION OF EASEMENTS
■
This Declaration of Easements ( "Declaration ") is executed as of 6 , 199 by
Home Depot U.S.A., Inc., a Delaware corporation ( "Grantor ").
RECITALS
A. Grantor is the owner of the real property located in the City of Tukwila,
County, Washington, legally described on Exhibit A attached ( "Property"), and which con
of Lots A -D, as shown on Exhibit B attached (each a "Lot ").
g
ists
B. Grantor desires to subject the Property to the easements set forth below, w 1.ch
are for the benefit of each of the Lots, and each Lot shall be held, transferred, sold, cone, ed,
leased, 'subleased and occupied subject to the easements set forth below, which shall be bin ' ' 1 g
on the owners of each Lot, and their respective successors and assigns ( "Owners "), an ' the
occupants of each Lot, whether pursuant to a lease or otherwise, and their respective succe sors
and.assigns ( "Occupants "), and may be enforced against such Owners and Occupants jointl and
severally.
DECLARATION
1. Easements.
1.1 Utility Lines and Facilities.
A. "Utility Lines" shall mean those facilities and systems fo the
transmission of utility services, including but not limited to water drainage systems or struc res,
water mains, sewers, water sprinlder system lines, telephones, electrical conduits or systems, gas
mains, other public or private utilities and drainage and storage of surface water.
B. Grantor hereby grants and declares nonexclusive and perp
easements under, through and across the Property ( "Utility Easement Areas ") for the install
operation, maintenance, repair and replacement of Utility Lines. The location of the
Easement Areas shall be subject to the prior written approval of the Grantor, which app
shall not be unreasonably withheld.
HH/TUKWILA/DECLARATION OF EASEMENTS
LPSEAI K: \COI\EGF\TUKWILA\18529EGF.AGM
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oval
RECEIVED
;710F TUKWILA
EC 2 9 1995
in - 19, 1995
i :F M; i CENTER
C. The Utility Easement Area shall be no wider than five (5) feet from
the outside of the pipe and /or structure. All such Utility Lines shall be installed and maintained
below the ground level or surface of such easements except for (i) ground mounted electrical
transformers and such other facilities as are required to be above ground by the utility providing
such service, and (ii) temporary utility service required during the construction, maintenance,
repair, replacement, alteration or expansion of any buildings or improvements. The installation,
operation, maintenance, repair and replacement of such Utility Lines shall not unreasonably
interfere with the use of the improved portions of the Property, or with the normal operation of
any business therein. Any Owner or Occupant installing Utility Lines pursuant to the provisions
of this Paragraph C shall pay all costs and expenses with respect thereto, shall cause all work
in connection therewith (including general clean-up and proper surface and/or subsurface
restoration) to be completed as quickly as possible and in a manner so as to minimize
interference with the use of the common area and shall provide as -built plans for all such
facilities to any other Owner within thirty (30) days after the date of completion of construction
of same. Such as -built plans shall include legal descriptions of the Utility Easement Area and
an instrument, approved in advance by Grantor, shall be recorded in the land records of King
County and shall fix the location of the Utility Easement Area.
D. The Owner or Occupant installing such Utility Lines shall maintain,
repair and replace the same at its sole cost and expense.
E. At any time and from time to time the Grantor shall have the right
to relocate any Utility Lines installed pursuant to the foregoing grant of easement which is then
located on the land of Grantor, provided. that any such relocation (i) shall be performed only after
sixty (60) days notice of the Grantor's intention to undertake the relocation shall havebeen given
to the grantee served by the Utility Lines, (ii) shall not unreasonably interfere with or diminish
utility service to the grantee's land served by the Utility Lines, (iii) shall not reduce or
unreasonably impair the usefulness or function of the Utility Lines, (iv) shall be performed
. without cost or expense to the grantee, (v) shall be completed using materials and design
standards which equal or exceed those originally used, (vi) shall have been approved by the
service provider and any appropriate governmental agencies having jurisdiction thereof, (vii)
shall provide for the original and relocated area to be restored to the original specifications, and
r•l (viii) shall not interfere with the conduct or operation of the business of any Occupant of the
grantee's Lot. Grantor shall provide as -built plans for all such relocated utility lines and
facilities to the grantee served by such Utility Lines within thirty (30) days after the date of
completion of such relocation. Such as -built plans shall include legal descriptions of the Utility
Easement Area and an instrument, approved in advance by Grantor, shall be recorded in the land
records of King County and shall fix the location of the Utility Easement Area.
1.2 Ingress and Egress Easement.
A. Grantor hereby grants and declares a perpetual non - exclusive
easement for ingress and egress by vehicular and pedestrian traffic upon, over and across those
areas developed on the Property for driveways, drive aisles, or parking areas, now or in the
future (hereinafter "Common Areas "), for the use and benefit of the Owners and Occupants of
each of the Lots, and their respective tenants, contractors, employees, agents, customers,
RECFI' /ED
CITY OF TUKWILA
2 DEC 2 9 1995
HN /D
/TUKWILAGCLARATION OF EASEMENTS
LPSEAI K: \CG1\EGF\TUKWILA \I8529EGF.AGM December 19, 1995
PERMIT CENTER
licensees and invitees, and the subtenants, contractors, employees, agents, customers, licensees
and invitees of such tenants, as grantees. The Common Areas shall specifically include the drive
aisle legally described on Exhibit C (hereinafter "Private Street "), provided Grantor reserves the
right to and does hereby agree to dedicate the Private Street to the City of Tukwila at no cost
at such time as the City determines that public access is necessary based on traffic and safety
needs at this location.
1.3 Sidewalk and Utility Easement.
A. Grantor does hereby grant and convey to the City of Tukwila a
perpetual non - exclusive easement for maintenance of a sidewalk and a street light standard and
utility connections thereto over and across, upon and underneath that portion of the Property
legally described on Exhibit D attached hereto.
B. The City shall exercise its rights hereunder so as not to
unreasonably interfere with the conduct or operation of the business of Grantor, its successors
or assigns.
2. General Provisions.
2.1 This Declaration shall inure to the benefit of and be binding upon the
parties hereto, their heirs, personal representatives, successors and assigns, and upon any person
acquiring a Lot, or any portion thereof, or any interest therein, whether by operation of law or
otherwise.
2.2 The easements contained herein respecting each. Lot shall be a burden on
that parcel, shall be appurtenant to and for the benefit of the other Lots and each part thereof and
shall run with the land.
2.3 . This Declaration may not be modified in any respect whatsoever, except
with the consent of the Owners of each of the Lots, and then only by written instrument duly
Lt) executed and acknowledged by all of them, duly recorded in the Office of the King County
Recorder. This Declaration may not be terminated in whole or as to any Lot, except with the
consent of the Owners of each Lot, and then only by written instrument duly executed and
acknowledged by all of the parties hereto and recorded in the Office of the King County
Recorder. No modification or termination of this Declaration shall affect the rights of any
lienholder unless the lienholder consents in writing to the modification or termination. The
07 Owner of each Lot may consider, approve or disapprove any proposed modification or
termination of this Declaration in its sole and absolute discretion.
2.4 For purposes of this Declaration, if a Lot is owned by more than one (1)
person or entity, the owners of such lot shall agree among themselves by a 51% majority of
ownership interests and designate in writing to the other Owners a single person or entity who
is entitled to act as the "Representative" for that Lot. If the Owners of such Lot cannot agree
who shall be entitled to act as "Representative" for that Lot, or if the Owners fail to designate
the single person or entity who is entitled to act as the "Representative" for that Lot within thirty
RECEIVED
CITY OF TUKWILA
3
HHfIVKWILA/DECLARATION OF EASEMENTS
LPSEAI K: \CG I\EGF\TUKWILA \1d329EGF.AGM DEC 2 9 1995
December 19, 1995
PERMIT CENTER
3512260577
(30) days after receipt of request for same from any other Owner, then the other Owners
(excluding such Owner) shall designate one of the Owners to act as the "Representative" for that
Lot.
2.5 All notices given pursuant to this Declaration shall be in writing and shall
be given by personal delivery, by United States mail or by United States express mail or other
established express delivery service (such as Federal Express), postage or delivery charge
prepaid, return receipt requested, addressed to the person and address designated below. or, in
the absence of such designation, to the person and address shown on the then current real
property tax rolls in the county in which the Property is located. All notices to Grantor shall be
sent to the person and address set forth below:
Home Depot U.S.A., Inc.
601 South Placentia
Fullerton, CA 92631
Attention: Real Estate Department and
Legal Department
The person and address to which notices are to be given may be changed at any time by
any party upon written notice to the other parties. All notices given pursuant to this Declaration
shall be deemed given upon receipt.
For the purpose of this Declaration, the term "receipt" shall mean the earlier of any of
the following: (i) the date of delivery of the notice or other document to the address specified
pursuant to this section as shown on the return receipt, (ii) the date of actual receipt of the notice
or other document by the person or entity specified pursuant to this section, or (iii) in the case
of refusal to accept delivery or inability to deliver the notice or other document, the ,earlier of
(A) the date of the attempted delivery or refusal to accept delivery, (B) the date of the postmark
on the return receipt, or (C) the date of receipt of notice of refusal! or notice of nondelivery by
the sending party.
2.6 The failure of a party to insist upon strict performance of any of the terms,
covenants, conditions and agreements contained herein shall not be deemed a waiver of any
rights or remedies that said Owner or Occupant may have, and shall not be deemed a waiver of
any subsequent breach or default in the performance of any of the covenants, conditions and
restrictions contained herein by the same or any other person or entity.
2.7 In the event any Owner or Occupant initiates or defends any legal action
or proceeding to enforce or interpret any of the terms of this Declaration, the prevailing party
in any such action or proceeding shall be entitled to recover from the losing party in any such
action or proceeding its reasonable costs and attorney's fees (including its reasonable costs and
attorney's fees on any appeal).
2.8 If any term or provision of this Declaration or the application of it to any
person or circumstance shall to any extent be invalid or unenforceable, the remainder of this
Declaration or the application of such term or provision to persons or circumstances, other than
RECEIVED
CITY OF TUKWILA
DEC 2 9 1995
LPSEA1 K: \C01\EGF\TUKWILA \111329EGP,AGM
December 19, 1995
PERMIT CENTER
4
HH/TUKWILA/DECLARATION OP EASEMENTS
those as to which it is invalid or unenforceable, shall not be affected thereby, and each term and
provision of this Declaration shall be valid and shall be enforced to the extent permitted by law.
2.9 This Declaration contains the entire agreement between the parties hereto
and supersedes all prior agreements, oral or written, with respect to the subject matter hereof.
The provisions of this Declaration shall be construed as a whole and not strictly for or against
any party.
2.10 In the event any Owner or Occupant hereto is composed of more than one
person, the obligations of said party shall be joint and several.
EXECUTED as of the day and year first above written.
HOME DEPOT U.S.A., INC., a
Delaware corporation
By:
Name • •1'tat -tc4i
y f1� nn i I
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On UC&IYI o 2-1 , 1995, before me, t 11'S A • ICtL)f (' , a Notary Public
in and for said state, personally appeared till i el , personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed
to the within instrument, and acknowledged to me that he executed the same in his authorized
RECFiVED
CITY OF TUKWILA
5 DEC291995
HWTUKWQ.AJDECLARATION OF EASEMENTS
LFSEAI KACG11EGMTUICWILA1111529EGF.AGM PERMIT CENTER D«ombc 19. 1995
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capacity, and that by his signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
WITNESS my hand and official seal.
Subscribed and sworn to before me on
A. RUOFF
COMht i 1064114
Notary Pubic — Calltanla
ORANGE COWRY
MY Comm. Epiros MAR 26.19ff
IWn'UKWILA/DECLARATIGN OF EASEMENTS
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Maury Signature]
1-?iiits eao-
[Type QPrimNameat Notary]
NOTARY PUBLIC for the State of
Calif rnia, residing
at U (lerfOu , Cr4-
My, aaopointment expires:
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RECEIVED
CITY OF TUKWIIA
DEC 29.1995
PERMIT CENTER
9512260577
EXHIBIT "A"
LEGAL DESCRIPTION:
That portion of Government Lot 1, in Section 35, Township 23 North, Range 4 East, W.M.,. and of
Government Lot 1 in Section 36, Township 23 North, Range 4 East, W.M., described as follows:
BEGINNING at the Northeast corner of Government Lot 1 in said Section 35;
THENCE North 87° 44' 08" West, along the North line of Government Lot 1 in said Section 35, a
distance of 166.47 feet; .
THENCE South 01° 51' 39" West a distance of 83.55 feet to the TRUE POINT OF BEGINNING;
THENCE South 88° 08' 21" East a distance of 693.46 feet to the Westerly margin of the
James Christenson Road (also known as 70th Avenue South) as conveyed • to King County by
instrument recorded under Recording No. 1539561;
THENCE along said Westerly margin South 07° 32' 21" West a distance of 51.98 feet;
THENCE South 10° 58' 39" East a distance of 258.52 feet;
THENCE South 09° 54' 21" West a distance of 457.25 feet;
THENCE South 07° 00' 39" East a distance of 444.05 feet to the North margin of South 180th Street
(also known as Southwest 43rd Street) as conveyed to the City of Tukwila by instruments recorded
under Recording Nos. 6375441 and 6375443;
THENCE along said North margin 88° 46' 19" West 579.62 feet;
THENCE along a curve to the right, the center of which bears North 01° 13' 41•" East having a radius
of 243.26 feet, an arc distance of 166.17 feet through a central angle of 39° 08' 19 ";
THENCE along a curve to the right, the center of which bears North 74° 24' 58" East Having a radius
of 359.27 feet, an arc distance of 109.38 feet through a central angle of 17° 26' 41";
THENCE North 01° 51' 39" East a distance of 1,041.08 feet, more or less, to the TRUE POINT OF
BEGINNING;
Situate in the City of Tukwila, County of King, State of Washington..
Project: Home Depot Tukwila Short Plat
June 16, 1994
5109L.002
DJS /sdc
RECEIVED
CITY OF TUKWILA
DEC 29.1995
PERMIT CENTER
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RECEIVED
CITY OF TUKWILA
DEC 2 9 1995
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0512260577
EXHIBIT "C"
LEGAL DESCRIPTION
That portion of Government Lot 1, in Section 36, Township 23 North, Range 4 East, W.M., described as
follows:
COMMENCING at the northeast corner of Government Lot 1 in Section 35, Township 23 North, Range 4 East,
W.M.;
THENCE North 87° 44' 08" West, along the North line of Government Lot 1 in said Section 35, a distance of
166.4Y feet;
THENCE South 01° 51' 39" West, a distance of 83.55 feet;
THENCE South 88° 08' 21" East, a distance of 637.31 feet to the TRUE POINT OF BEGINNING;
THENCE CONTINUING South 88° 08' 21" East, 30.00 feet;
THENCE South 00° 50' 45" West, 34.66 feet to a point of curvature;
THENCE Southeasterly along the arc of a curve to the left having a radius of 180.00 feet, through a central
angle of 12° 25' 07" and an arc length of 39.01 feet;
THENCE South 11° 35' 22" East, 209.63 feet to a point of curvature;
THENCE Southerly along the arc of a curve to the right having a radius of 126.00 feet, through a central angle
of 20° 58' 29" and arc length of 46.13 feet; .
THENCE South 09° 24' 07" West, 393.22 feet to a point of curvature;
THENCE Southerly along the arc of a curve to the left having a radius of 542.60 feet, through a central angle
of 08° 09' 19" and an arc length of 77.23 feet;
THENCE South 01° 14' 48" West, 160.26 feet to a point of curvature;
THENCE Southwesterly along the arc of a curve to the right having a radius of 175.00 feet, through a central
angle of 38° 29' 51" and an arc length of 117.58 feet;
THENCE South 39° 44' 39" West, 71.91 feet to a point of curvature;
THENCE Southeasterly along the arc of a curve to the left having a radius of 59.00 feet through a central
angle of 86° 25' 06" and an arc length of 88.99 feet to the North margin of South 180th Street as conveyed
to the City of Tukwila by instruments recorded under Recording Nos. 6375441 and 6375443;
THENCE North 88° 45' 47" West 101.31 feet along said North margin to a point on a curve the radius point
of which bears North 33° 53' 04" West;
THENCE Northeasterly along the arc of a curve concave to the Northwest having a radius of 54.00 feet,
through a central angle of 35° 12' 47" and an arc length of 33.19 feet;
THENCE North 20° 54' 09" East, 36.41 feet to a point of curvature;
THENCE Northeasterly along the arc of a curve to the right having a radius of 50.00 feet, through a central
angle of 34° 54' 43" and an arc length of 30.47 feet;
THENCE North 55° 48' 52" East, 18.80 feet to a point of curvature;
THENCE Northeasterly along the arc of a curve to the left having a radius of 50.00 feet, through a central
angle of 16° 04' 13" and an arc length of 14.02 feet;
THENCE North 39° 44' 39" East, 64.85 feet to a point of curvature;
THENCE Northerly along the arc of a curve to the left having a radius of 145.00 feet, through a central angle
of 38° 29' 51" and an arc length of 97.43 feet;
THENCE North 01° 14' 48' East, 160.26 feet to a point of curvature;
THENCE Northeasterly along the arc of a curve to the right having a radius of 572.60 feet, through a central
angle of 08° 09' 19" and an arc length of 81.50 feet;
THENCE North 09° 24' 07" East, 393.22 feet to a point of curvature;
THENCE Northwesterly along the arc of a curve to the left having a radius of 96.00 feet, through a central
angle of 20° 58' 29 ", and an arc length of 35.14 feet;
THENCE North 11° 34' 22" West, 209.63 feet to a point of curvature;
THENCE Northwesterly along the arc of a curve to the right having a radius of 210.00 feet, through a central
angle of 12° 25' 07" and an arc length of 45.52 feet;
THENCE North 00° 50' 45" East, 35.19 feet to the TRUE POINT OF BEGINNING.
Project: Saxon Road Improvements, Home Depot USA
November 30, 1995
5109L.016
DJS /ks
RECEIVED
CITY OF TUKWILA
DEC 2 9 1995
PERMIT CENTER
SIDEWALK AND UTILITY EASEMENT
The South 6.00 feet of the West 242.00 feet as measured along the South line thereof of the following
described Parcel "A ":
PARCEL "A"
That portion of Government Lot 1, Section 35, Township 23 North, Range 4 East, W.M., in King County,
Washington and Govemment Lot 1, Section 36, Township 23 North, Range 4 East, W.M., in King County,
Washington, described as follows:
BEGINNING at the Northeast corner of Government Lot 1 in said Section 35;
THENCE North 87° 44' 08" West along the North line of said Govemment Lot 1, Section 35, a distance of
166.47 feet;
THENCE South 01° 51' 39" West, a distance of 83.55 feet to the TRUE POINT OF BEGINNING;
THENCE South 88° 08' 21" East, a distance of 693.46 feet to the Westerly margin of the James Christenson
Road;
THENCE South 07° 32' 21" West, a distance of 51.98 feet;
THENCE South 10° 58' 39" East, a distance of 258.52 feet;
V THENCE South 09° 54' 21" West, a distance of 457.25 feet;
THENCE South 07° 00' 39" East, a distance of 444.05 feet to the North line of the. South 36.00 feet of
Government Lot 1 in said Section 36;
THENCE North 88° 46' 19" West along said line and the Westerly extension thereof, a distance of 579.62 feet;
THENCE along a curve to the right the center of which bears North 01° 13' 41" East having a radius of 243.26
feet, an arc distance of 166.17 feet through a central angle of 39° 08' 19 ";
THENCE along a curve to the right the center of which bears North 74° 24' 58" East having a radius of 359.27
feet, an arc distance of 109:38 feet through a central angle of 17° 26' 41";
THENCE North 01° 51' 39" East, a distance of 1041.08 feet to the TRUE POINT OF BEGINNING;
EXCEPT the portion, if any, lying within South 180th Street as conveyed to the City of Tukwila by deeds
recorded under Recording Nos. 6375443 and 6375444.
Project: Saxon Road Improvements, Home Depot USA
November 20, 1995
5109L.015
DJS/ks
RECEIVED.
CITY OF TUKWILA.
DEC 291995
PERMIT CENTER