HomeMy WebLinkAbout1991 - Declaration of Easement, Covenants and Conditions - Bedford Development Company - 91052311649105231164
After Recording return to:
BEDFORD PROPERTIES, INC.
12720 Gateway Drive, Suite 107
Seattle, WA 98168
91/05/27.
RFOD F 72.00
0
RFC':FEE. 2.00
r_.NF,HSi *4:4:14,00
4'1164 is
DECLARATION OF EASEMENT, COVENANTS & CONDITIONS 55
This Declaration of Easement is made this IO day of May, 1991
by Bedford Development Company. (Declarant).
Declarant is the owner of certain real property described as
Lots 1, 2 and 3 as shown on the Boundary Line Instrument of
recorded under King County, Department of Records and
Elections File No. el/C5-')3//(e-C).
.
Declarant proposes to construct a building on Lot 1 and a
building on Lot 2. The buildings will share the use of a common
roadway, and certain utility services. Declarant wishes to grant
cross - easements for the benefit of each lot and all future owners
,a, thereof as specifically described below.
NOW, THEREFORE, Declarant hereby declares that Lots 1, 2, and
rj 3 shall be held, sold and conveyed subject to the following
0, easements, which shall run with Lots 1, 2, and 3 and shall be
4 binding on all parties having or acquiring any right, title and
interest in such lots and any part thereof and shall inure to the
benefit of any successor of Declarant in the ownership thereof:
0)
1.
Mutual Ingress and Egress.
a. A non - exclusive perpetual easement is hereby created
and established over that 12 feet of Lot 1 which is
adjacent to and parallel with the boundary line
between Lots 1 and 2 for the benefit of Lot 2 for
the purpose of providing for the owners' and
tenants' and their employees, contractors, agents
and invitees to go upon and use said easement for
vehicular and pedestrian ingress and egress and for
vehicular maneuvering. No obstruction shall be
placed or permitted to remain upon the area of said
easement which would in any way interfere with the
purposes for which said easement is hereby
established.
b. A non - exclusive perpetual easement is hereby created
and established over that 12 feet of Lot 2 which is
adjacent to and parallel with the boundary line
between Lots 1 and 2 for the benefit of Lot 1 for
the purpose of providing for the owners' and tenants
and their employees, contractors, agents and
invitees to go upon and use said easement for
vehicular and pedestrian ingress and egress and for
EXCISE T NOT R - QUIRE)
. •
• r. ivis on
1
1 M AY 13 1991
CITY Y OF I UMViLA
PLANNING DEPT.
9105231164
1�... .0 . 4.1
_rl..i. .� ... .. �.. ^?'�4'[v..,.... �(.i .:'. t_ .. .t. ....: \'.. .o-'t.�.�.r::y,t l; +•. T.: h. ?Y ",. .�. ,"�A`Yi•.. �. ..f i }��.�i. ..r, u.5.... ... ti�'� �ifi �,�`i: \'�, ..
.
vehicular maneuvering. No obstruction shall be
placed or permitted to remain upon the area of said
easement which would in any way interfere with the
purposes for which said easement is hereby
established.
c. The cost of installing, modifying, and maintaining
improvements within the easements provided in this
Declaration of Easement shall be determined as
specified in Section 7.
2. Water.
a. Two 8" water lines currently run between Lots 2 and
3. A 12" water line currently runs between Lot 1
and Lot 2. The 12" line feeds into the two 8"
lines. Declarant intends to install three tapping
tees to provide fire hydrants and domestic and fire
sprinkler service to the new building on Lot 2.
b. There are hereby created and established non-
exclusive perpetual easements on Lots 1 and 3 over,
across and under a 10 foot wide piece of land which
is 5 feet on each side of and parallel to existing
12" and 8" water lines for the benefit of Lot 2 for
the purpose of allowing the owner of Lot 2 to
install such tapping tees.
c. There is hereby created and established on Lots 1,
2 and 3 a 10 foot wide perpetual easement over,
under and across that portion of land on said Lots
1, 2 and 3 which is 5 feet on each side of and
parallel to existing 8" and 12" water lines on said
lots for the benefit of said lots for the purpose
of operating, using, repairing, maintaining or
replacing with new and larger diameter materials,
a water system line or lines under and across Lots
1, 2 and 3.
d. The cost of maintaining the water lines shall be
determined as described in Section 7.
3. Storm Sewer.
a. Declarant intends to install a new storm sewer
system on Lots 1 and 2 which will tie into storm
sewer lines at Lot 3 at two locations. The outfall .
for the storm sewer water is located at a pump
station along the Duwamish River at Lot 3.
b. There is hereby created and established on Lots 1,
2 and 3 non - exclusive perpetual easements 10 feet
9105231164
wide over, under and across that portion of land on
said Lots 1, 2 and 3 which is 5 feet on each side
of and parallel to existing storm sewer lines and
5 feet on each side of and parallel to new storm
sewer lines to be constructed on Lots 1 and 2 for
the purpose of operating, using, repairing or
replacing with new or a larger diameter materials
a storm sewer line or lines and /or catch basins
under and across Lots 1, 2 and 3.
c. There is hereby created and established on Lot 3 an
easement for the purpose of allowing storm sewer
lines from Lots 1 and 2 to tie into and discharge
storm water into the storm water system located on
Lot 3. Further, there is hereby created and
established on Lots 1 and 2 a perpetual non-
exclusive easement for the benefit of Lots 2 and 1
respectively for the purpose of installing,
operating, using, repairing, replacing and
maintaining storm sewer lines and catch basins.
d. The cost of maintaining the storm sewer lines shall
be determined as described in Section 7.
4. Sanitary Sewers.
a. An existing 8" sanitary sewer line currently runs
between Lots 1 and 2. Declarant intends to tap into
this 8" line once at Lot 1 and once at Lot 2.
b. A non - exclusive perpetual easement is hereby created
and established over, under and across a 10 foot
wide portion of Lots 1 and 2 which is 5 feet from
and parallel to each side of an existing 8" sanitary
sewer line for the purpose of providing for the
benefit of Lots 1 and 2 for the construction,
operation, maintenance, use and repair and
replacement, including with larger diameter
materials, a sanitary sewer line.
c. The cost of maintaining the sanitary sewer lines
shall be determined as described in Section 7.
5. Modifications.
In recognition of potential future changes in the
development on each lot, and the ever changing
governmental regulations applicable thereto, the owner
of Lots 1, 2 and 3 are hereby granted the right to
relocate the easements for water, sewer and storm water
lines and any and all of the appurtenances thereto at the
sole expense of the owner of the lot on which such
3
9105231164
relocation takes place, provided that such relocation (a)
does not cause any interruption whatsoever in service to
the lots being served by such relocated easements and (b)
provided the same quantity and quality of service as
existed prior to such relocation.
6. Termination.
At such time as water, sewer or storm water service is
supplied to Lots 1, 2 and 3 by a public agency, then the
easements herein created for the provision of such
utility is automatically terminated at the time that such
services are provided by the governmental agency.
7. Maintenance.
a. Except as otherwise provided herein, the cost of
installation, maintenance and repair of the
improvements in each easement shall be borne 100%
by the owner of the servient tenant, i.e., the owner
of the land subject to the easement; provided
however, that all costs incurred in connection with
the enlargement or extension of any utility lines
after the initial installation thereof shall be
borne solely by the owner(s) of the lot requesting
such enlargement or expansion in direct proportions
to the square footage of each such lot.
b. The cost of maintenance and repair of the storm
sewer pump station located on Lot 3 shall be shared
by the owners of Lots 1, 2 and 3 in direct
proportion to the square footage of each lot.
c. In all instances, maintenance costs shall include
the costs of restoring the servient lot to the
condition existing prior to installation,
maintenance, repair or replacement.
d. The duty to contribute to the costs repair and
maintenance of an easement created by this
Declaration and the responsibility and right to
carry out such repair and maintenance shall
terminate upon the termination of the easement.
e. The owner of each lot which has the duty of carrying
out any activities hereunder shall perform the same
promptly when required. The owner of each lot
charged herein with the responsibility of
contributing towards payment for any activities
outlined herein shall promptly reimburse the party
entitled thereto upon receipt of an invoice for such
activity.
4
9105231164
f. In the event the owner of a lot fails to commence
any required maintenance or repairs on the lot
within a reasonable time after written notice from
the owner of the other lot, the owner of the other
lot may perform the work and obtain reimbursement
from the owner of the lot of such owner's share of
the expense.
8. Arbitration.
If the owners of lots hereunder are unable to agree on
any matter relating to the easements created by this
Declaration, including any matter relating to maintenance
and repair, such disputes shall be settled by arbitration
by an arbitrator appointed by the Presiding Judge of the
King County Superior Court upon the petition of either
party. The arbitration shall proceed in accordance with
the rules of the American Arbitration Association. The
decision of the arbitrator shall be final and binding on
the parties thereto and the prevailing party(s) shall be
entitled to recover from the losing party(s) all costs
and attorneys fees in connection with such proceedings.
9. Indemnity; Liability.
The owner of each lot hereunder shall forever defend,
indemnify, and hold the owners harmless from any claim,
loss, or liability arising out of or in any way connected
with that owner's use of the easements created by this
Declaration or arising from any action undertaken by that
owner pursuant to paragraph 7 above, unless the claim,
loss or liability is proximately caused by the negligence
or willful conduct of the other, or its employees,
contractors, or agents. In the event of any litigation
or proceeding brought against owner, and arising out of
or in any way connected with any of the above events or
claims, against which one owner has agreed to indemnify
the other, the indemnifying owner shall, upon notice from
the other, vigorously resist and defend such actions or
proceedings through legal counsel reasonably satisfactory
to the ether owner(s), at the indemnifying owner's
expense, and pay any amount awarded against that owner
which that owner is otherwise required to pay pursuant
to this section 9.
10. Benefit and Burden.
The easements created by this Declaration shall be for
the benefit of and appurtenant to Lots 1, 2 and 3 as
specifically described above, and shall be appurtenant
to and for the benefit of any and all portions of such
fj r�, t i' N�!i'+y,'�'
�t�rkY6+ 3sR: k' �: fi.,:t.+, �'.. L: 3Yst +i:i:tSaYtv�ew.�;.3amcv...... .- ...... • ,>....,e...•o•w.. -r. �nnv�_ �v.. uru ..naanv«z�eci7eart�ts,�r�s:a. Syr. �?' t�s>>•: rt. �xuesatw�> w: i.,,•: �, w.- �a..e�+nsre..n�w�.....�»...+ �s+ r.. �+ 7aysN. a'!+ nv! �4: r�.3AZi,'al`P,FS3'CiTi}''•'uF,. � -�,� t`�v-„''.
property regardless of the type or intensity of
development thereon, or whether a portion of such
property is subdivided or developed separately. The
benefits and burdens of these easements shall run with
the land so benefited or burdened as specifically
described above and each and every portions thereof.
11. General Provision.
a. In the event of any breach of the provisions of this
Declaration, the aggrieved owner shall be entitled
to exercise any remedies permitted by law or equity,
including the remedies of injunction and /or specific
performance. In the event litigation is commenced
to enforce or interpret the provisions of this
Declaration, including any appeal therefrom, the
prevailing party shall recover from the other party,
in addition to all other costs and damages,
reasonable attorneys' fees as determined by the
judge at trial or upon any appeal.
Tr
(p b. Any notice under this Declaration shall be in
ri writing and shall be effective when actually
delivered or, if mailed, when deposited postpaid.
r, Mail shall be directed to the address of the record
04 owner of the subject property or to such other
0 address as a party may specify by notice to the
other party.
0)
BEDFORD DEVELOPMENT COMPANY
BY
6
9105231164
PA
AlytY.aatYPDSi'CK1! (e..,4i ni("3Ca.' Mni.1i0I3Fk7O A- 174:15A k24Rt�x9MC1 .T.NVtWAWLISiA!MIiMMitaRan R7, c47X4.° Y}y'17rijarituMCSi," ...Yij�. pia ilttO
STATE OF WASHINGTON )
ss.
COUNTY OF KING
This is to certify that on the \Q day of May, 1991, before
me the undersigned personally appeared Joseph S. Layman, Vice
President, Bedford Development Company, and acknowledged to me that
he signed this instrument and acknowledged it to be his free and
voluntary act for the uses and purposes mentioned in this
instrument.
SIGNED AND SWORN TO before me on this \Oh day of May 1991.
Notary Pub is in and for the State
of Wa hi r t , residing at
My Appointment Expires
7
\b\cs-\°■.
4 ;1,
�o,
...! Cr:). t •
3105231164
:spa.. ....u:... i.,..._....t .... ...:.............. ...., .s::y,x,,
INTERURBAN AVE.
+�..a c..- art.�:� .. '.�rsY <.. .�. .. ... " ;iZ�•"SZ,.,....;;`tK:':1.1: �4.-s..
( $LATTLI CITY LIGHT 91M
w
•• 24.00' r 1147.29'
0
u 24'00' W •00 00
u W.
• G
/f:
/i/4 , 4 •
0
O
0
0
__I