HomeMy WebLinkAbout2007 - Declaration of Parking Easement - Winners 3 LLC / SC3 / ERRE / Evans 10 LLC - 20070222002096After Recording Return to:
Sean T. Durbin
Jameson Babbitt Stites & Lombard, P.L.L.C.
999 Third Avenue, Suite 1900
Seattle, WA 98104 -4001
Document Title or Titles:
Declaration of Parking Easement
20070222002096
SC3 LLC EAS 45.00
PAGE001 OF 014
02/22/2007 14:27
KING COUNTY, UA
Reference Nos. of Documents Assigned or Released:
None
Name of Grantor:
Winners 3 LLC
Name of Grantee:
SC3 LLC, ERRE LLC, and Evans 10 LLC
Pages referencing additional names:
None
EXCISE TAX NOT REQUIRED
King . Reeds Division
By Deputy
e�>'n•�h�nsot%�
Abbreviated Legal Description:
A Portion of the Southwest Quarter of Section 26, Township 23 North, Range 4 East
Additional Legal Descriptions Found On:
Exhibits A, B and C
Assessor's Property Tax Parcel Numbers or Account Numbers:
262304 - 9120 -05 and 262304 - 9024 -02
1
11
RECEIVED
OCT 13 2010
2■ PERMIT CENTER
-1- 51404 \01001\288778.V02 STD
• •
DECLARATION OF PARKING EASEMENT
This Declaration of Parking Easement (the "Agreement ") is dated for reference
purposes as of the 21st day of September, 2006, by and between Winners 3, LLC, a
Washington limited liability company ( "Winners "), and SC3 LLC, ERRE Limited Liability
Company, and Evans 10 Limited Liability Company, each a Washington limited liability
company, as tenants in common (collectively, "TIC ").
RECITALS
A. Winners is the owner of a certain real property legally described on Exhibit A
attached hereto and incorporated herein by this reference (the "Winners Property ").
B. TIC are the owners of a certain real property legally described on Exhibit B
attached hereto and incorporated herein by this reference (the TIC Property").
C. The parties desire to enter into this Agreement upon which Winners is willing
to grant and establish a parking easement over a portion of the Winners Property for the
benefit of the TIC Property, subject to the terms and conditions hereinafter set forth.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties hereby agree as follows:
1. Grant of Easement. Winners hereby grants and establishes for the benefit of
the TIC Property, it owners, successors and assigns, a perpetual easement for ingress, egress,
and parking over the existing parking area on the Winners Property, as diagramed on Exhibit
C, and as legally described on Exhibit C -1 (the "Easement Area "), subject to the terms and
conditions set forth herein.
2. Number of Spaces. Winners shall reserve twenty (20) parking spaces within
the Easement Area for the benefit of the owner of the TIC Property, its tenants and their
employees and invitees.
3. Burden and Benefit. The easement set forth in Section 1 of this Agreement
shall burden the Winners Property and benefit the TIC Property and shall be a covenant
running with the land.
4. Term. The term of this Agreement shall be perpetual.
5. Hold Harmless. The owner of the TIC Property shall defend, indemnify and
hold the owner of the Winners Property harmless from any and all claims, liabilities, suits or
damages caused by or arising out of the activities of the owner of the TIC Property or its
agents, employees, customers, invitees or members while using the Easement Area.
-2- 51404 \01001\288778.V02 STD
• •
6. Attorneys' Fees. In the event suit or action is instituted to interpret or enforce
the terms of this Agreement, the prevailing party shall be entitled to recover from the other
party such sum as the court may adjudge reasonable as attorneys' fees in the preparation of
its case at trial, on any appeal, and on any petition for review, in addition to all other sums
provided by law.
7. Applicable Law. This Agreement shall be construed, applied and enforced in
accordance with the laws of the State of Washington.
8. No Waiver. The failure of any party to insist upon strict performance of any
of the terms, covenants or conditions hereof, shall not be deemed a waiver of any rights or
remedies which that party may have hereunder at law or in equity, and shall not be deemed a
waiver of any subsequent breach or default of any of such terms, covenants, or conditions.
IN WITNESS WHEREOF, this Agreement has been executed as of the day and year
first above written.
SC3 LLC,
a Washington limited liability company
By:
ts:
ERRE Limited Liability Company,
a Washington limited liability company
( By. •
ItS: FJ f a'CJ /Vie, es
Evans 10 Limited Liability Company,
a Washington limited liability company
f
1 i
51404 \01001\288778.V02 STD
• •
Winners 3 LLC, a Washington
limited liabilitycompa
Its:
-4- 51404\0100-1\288770103STD-
• •
LENDER CONSENT
THE UNDERSIGNED hereby states and agrees that it joins in and consents to the
execution of the foregoing Agreement, and subordinates its Deed of Trust lien interest in the
Winners Property to the Agreement pursuant to Section 22.9 of said Deed of Trust dated
June 12, 2006 and recorded under King County recording number 20060612001793 .
Commercial Lending II, a Delaware
limited liability company
By:
-4- 514041010011288778.V03 STD
• STATE OF
) ss.
COUNTY OF
I certify that I know or have satisfactory evidence that the person appearing before
me and making this acknowledgment is the person whose true signature appears on this
document. tr
On tit' day of dgi\U(041 , 2007, before me personally appeared
, to me kno to be the \/( c a ign} -of COMMERCIAL
LEG , the limited liability company that executed the within and foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed
of said limited liability company, for the uses and purposes therein mentioned, and on oath
stated that he was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above
written.
Notary Public in or the State of
residing at
My commission expires: __ J03EPM GE___
4 of Now Yak
[Type or Print Notary Name] congisionv°1164 NM 011 Y, 90
(Use This Space for Notarial Seal Stamp)
51404 \01001\288778.V03 STD
• •
• STATE OF WASHINGTON
Ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that the person appearing before
me and making this acknowledgment is the person whose true signature appears on this
document.
On this 29th day of January , 2007, before me personally appeared Brad
Decker , to me known to be a member of WINNERS 3 LLC, the limited liability company
that executed the within and foregoing instrument, and acknowledged the said instrument to
be the free and voluntary act and deed of said limited liability company, for the uses and
purposes therein mentioned, and on oath stated that he was authorized to execute said
instrument.
written.
WITNESS my hand and official seal he
and year f st above
(Use This Space for Notarial Seal Stamp)
Notary P
residing
State of Washington,
My commission e
7. V1 r
pires: _
u v
[Type or Print Notary Name]
-8- 51404 \01001\288778.V03 STD
• •
STATE OF WASHINGTON
COUNTY OF KING
I certify that I know or have satisfactory evidence that the person appearing before
me and making this acknowledgment is the person whose true signature appears on this
document.
On this 29th day of January , 2007, before me personally appeared Robert
Schofield to me known to be a member of SC3 LLC, the limited liability company that
executed the within and foregoing instrument, and acknowledged the said instrument to be
the free and voluntary act and deed of said limited liability company, for the uses and
purposes therein mentioned, and on oath stated that was authorized to execute said
instrument.
WITNESS my hand and official se
written.
(Use This Space for Notarial Seal Stamp)
ereto
d the
and year first above
411101 r—
Notary P • ff State of Washington,
residing : �A.Jr�,1G:.�
My co i ion ex es:
[Type or Print Notary Name]
-5- 51404\010011288778.V03 STD
•
STATE OF WASHINGTON
COUNTY OF KING
)
ss.
I certify that I know or have satisfactory evidence that the person appearing before
me and making this acknowledgment is the person whose true signature appears on this
document.
On this 29th day of January , 2007, before me personally appeared Brad Decker ,
to me known to be a member of ERRE LIMITED LIABILITY COMPANY, the limited
liability company that executed the within and foregoing instrument, and acknowledged the
said instrument to be the free and voluntary act and deed of said limited liability company,
for the uses and purposes therein mentioned, and on oath stated that he was authorized to
execute said instrument.
WITNESS my hand and official se ire �o a bi ed the day and ye. ► first above
written.
(Use This Space for Notarial Seal Stamp)
Notary
residin
My commission expire
l ioN.VICp,
[Type or Print Notary Name]
-6- 51404 \01001\288778.V03 STD
• •
'STATE OF WASHINGTON )
) ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that the person appearing before
me and making this acknowledgment is the person whose true signature appears on this
document.
On this 29th day of January , 2007, before me personally appeared
Brad Decker , to me known to be a member of EVANS 10 LIMITED
LIABILITY COMPANY, the limited liability company that executed the within and
foregoing instrument, and acknowledged the said instrument to be the free and voluntary act
and deed of said limited liability company, for the use - d purposes therein mentioned, and
on oath stated that he was authorized to execute said ent.
WITNESS my hand and official seal her- o
written.
(Use This Space for Notarial Seal Stamp)
use
a • the • ay .; d year first above
!►
Notary Publi • n . •
residing at . /(,ri ,,
My commssion ssion a Tres: /948
n,
e Stat of Washington,
[Type or Print Notary Name
-7-
51404 \01001\288778.V03 STD
EXHIBIT A
LEGAL DESCRIPTION OF WINNERS PROPERTY
A PORTION OF THE SOUTHWEST 1/4 OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST
FOLLOWS:
BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 26;
THENCE NORTH 87 °45'57" WEST, ALONG THE SECTION LINE, A DISTANCE OF 481.05 FEET TO THE WEST MARGIN
OF SOUTHCENTER PARKWAY;
THENCE NORTH 11 °59'33` WEST, ALONG SAID 'MARGIN, A DISTANCE OF 725,43 FEET TO A BOUNDARY OF A
TRACT CONVEYED BY DEED RECORDED UNDER RECORDING NO. 8912290859 AND THE TRUE POINT OF
BEGINNING;
THENCE CONTINUING NORTH 11 °59'33" WEST, ALONG SAID WEST MARGIN OF SOUTHCENTER PARKWAY, A
DISTANCE OF 105.15 FEET TO A POINT OF A CURVE;
THENCE, ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 991,37 FEET,
04 °53'59" AN ARC DISTANCE OF 84.78 FEET TO THE SO THROUGH A CENTRAL ANGLE OF
(EASEMENT NO. 1 AS RESERVE° IN DEED RECORDED UNDER RECORDING NO, 91229083��EWAY EASEMENT
THENCE, LEAVING SAID WEST MARGIN OF SOUTHCENTER PARKWAY, SOUTH 85 °12'11" WEST A DISTANCE OF
182.00 FEET;
THENCE
THENCE SO(.r H 11°59'33" °5'36° EAST A DISTANCE OF 115,17 FEET;
THENCE NORTH 11 °59'33" WESTA DISTANCE OF 91,74 FEET;
THENCE SOUTH 88 °25'36' EAST A DISTANCE OF 66.85 FEET TO TtiE WEST MARGIN OF SOUTHCENTER PARKWAY
AND THE POINT OF BEGINNING;
TOGETHER WITH THAT PORTION OF THE SOUTHEAST 1/4 OFTHE SOUTHWEST 1/4 OF SECTION 26, TOWNSHIP
23 NORTH, RANGE 4 EAST W.M,, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 26;
THENCE NORTH 87 °45'57° WEST, ALONG THE SOUTH LINE OF SAID SOUTHEAST 1/4 OF 7HE SOUTHWEST V4, A
DISTANCE OF 481,05 FEET TO THE WEST MARGIN OF SOUTHCENTER AS ESTABLISHED IN KING COUNTY
RECORDING NOS. 6343862, 6343863, 6343865, 6343867 AND 6343868;
THENCE NORTH 11 °59'33" WEST, ALONG SAID WEST MARGIN, A DISTANCE OF 830.58 FEET;
THENCE, CONTINUING ALONG SAID WEST MARGIN ON A CURVE TO THE RIGHT HAVING A RADIUS OF 991.37
FEET, AN ARC DISTANCE OF 124.78 FEET THROUGH A CENTRAL ANGLE OF 07 °12•41" TO THE TRUE POINT OF
BEGINNING;
THENCE SOUTH 86 °40'03" WEST A DISTANCE OF 274.13 FEET;
ThENCE NORTH 01 °08'35° EAST A DISTANCE OF 30,66 FEET;
THENCE SOUTH 88 °5125" EAST A DISTANCE OF 272.38 FEET TO SAID WEST MARGIN OF SOUTHCENTER
PARKWAY;
THENCE SOUTHERLY, ALONG SAID WEST MARGIN ALONG A CURVE TO .THE LEFT THE CENTER OF WHICH BEARS
NORTH 85 °45'26" EAST HAVING A RADIUS OF 991,37 FEET, AN ARC DISTANCE OF 9.31 FEET THROUGH A
CENTRAL ANGLE OF 00 °32'18° TO THE TRUE POINT OF BEGINNING; .. -
■
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, WASHINGTON. ,'
PARCEL B:
EASEMENTS FOR ACCESS AND RECIPROCAL PARKINGt AS ESTABLISHED IN KING COUNTY RECORDING NOS,
8912290859 AND 8912290860 AS AMENDED UNDER RECORDING NO, 9507210283;
TOGETHER WITH NON- EXCLUSIVE EASEMENTS FOR PARKING AND VEHICULAR AND PEDESTRIAN INGRESS AND
EGRESS AS ESTABLISHED BY EASEMENT AGREEMENT RECORDED UNDER RECORDING NO. 20010601000466,
RECORDS OF KING COUNTY;
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON\
-8-
51404101001\288778.V02 STD
• •
EXHIBIT B
LEGAL DESCRIPTION OF TIC PROPERTY
APN 262304 -9024
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., BEGINNING AT THE
SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER;
THENCE N 87 °45'57" W, 481.05 FEET TO THE WEST MARGIN OF SOUTHCENTER
PARKWAY; THENCE N 11 °59'33" W ALONG SAID MARGIN, 830.58 FEET; THENCE
CONTINUING ALONG SAID MARGIN ALONG A CURVE TO THE RIGHT HAVING A
RADIUS OF 991.37 FEET, AN ARC DISTANCE OF 227.28 FEET THROUGH A CENTRAL
ANGLE OF 13°08'08"; THENCE N 1 °08'35" E, 74.95 FEET TO THE TRUE POINT OF
BEGINNING; THENCE N 88 °51'25" W. 69 FEET; THENCE N 1 °08'35" E, 12 FEET; THENCE N
88 °51'25" W, 38 FEET; THENCE S 1 °0815" W, 12 FEET; THENCE N 88 °51'25" W, 195.64 FEET
TO THE CENTER OF A RAILROAD EASEMENT; THENCE NORTHEASTERLY ALONG
SAID RAILROAD EASEMENT ON A CURVE TO THE RIGHT, CENTER OF SAID CURVE
BEARING S 56 °15'51 ", SAID CURVE HAVING A RADIUS OF 410.28 FEET, AN ARC
DISTANCE OF 102 FEET THROUGH A CENTRAL ANGLE OF 14 °14'40 "; THENCE N
12 °28'30" W, 33.38 FEET; THENCE N 4 °34'26" W, 50.16 FEET; THENCE N 1 °41'39" E, 54.76
FEET TO THE NORTH MARGIN OF THE SOUTHEAST QUARTER OF SOUTHWEST
QUARTER; THENCE S 87 °55'53" E, 250 FEET TO THE WEST MARGIN OF SOUTHCENTER
PARKWAY; THENCE S 1 °08'35" W, 211.33 FEET TO THE TRUE POINT OF BEGINNING;
(ALSO KNOWN AS PARCEL B, CITY OF TUKWILA BOUNDARY LINE
ADJUSTMENT RECORDED UNDER KING COUNTY RECORDING NUMBER
7811290697.)
TOGETHER WITH THAT PORTION OF PARCEL 13, CITY OF TUKWILA BOUNDARY LINE
ADJUSTMENT NUMBER 89 -10 -BLA, AS RECORDED UNDER KING COUNTY AUDITOR
FILE NUMBER 8912270422, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL B CITY OF TUKWILA
BOUNDARY LINE ADJUSTMENT NUMBER 89 -10 -BLA; THENCE S 1 °41'39" W, 54.76;
THENCE S 4 °34'26" E, 50.16 FEET; THENCE S 12 °28'30" E, 33.38 FEET TO THE
CENTERLINE OF A RAILROAD EASEMENT; THENCE SOUTHWESTERLY ALONG SAID
CENTERLINE ON A CURVE TO THE LEFT, CENTER OF SAID CURVE BEARING S
42 °01'11" E AND HAVING A RADIUS OF 410.28 FEET, ALONG AN ARC DISTANCE OF
101.99 FEET THROUGH A CENTRAL ANGLE OF 14 °14'36''; THENCE N 88 °51'25" W, 35.13
FEET TO A POINT ON A CURVE TO THE RIGHT, 30 FEET NORTHWESTERLY AND
PARALLEL WITH SAID CENTERLINE OF A RAILROAD EASEMENT, SAID POINT
BEARING S 58 °43'35" E, SAID CURVE HAVING A RADIUS OF 440.28 FEET; THENCE
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14°24'17",
AN ARC DISTANCE OF 110.69 FEET TO A POINT 30 FEET WESTERLY AND PARALLEL
WITH THE EASTERLY MARGIN OF SAID PARCEL B CITY OF TUKWILA BOUNDARY
LINE ADJUSTMENT NUMBER 89 -10 BLA; THENCE N 12 °28'30" W, 18.39 FEET; THENCE N
4 °34'26" W, 53.87 FEET; THENCE N 1 °41'39" E, 56.60 FEET TO THE NORTH MARGIN OF
SAID PARCEL B CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER 89-10 -
BLA; THENCE S 87 °55'53" E ALONG SAID MARGIN, 30.00 FEET TO THE POINT OF
BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
-9- 51404 \01001\288778.V02 STD
10 y' S=e Easement pd AFt4 668013 a 670550�� 4 ..
—
as
r -1
r c
Min
by
'7 ng
8851'25' E
ep 'o
d 'o
0 '0
27
%%AU %AI OA i
\ \
\ (Execpuac 5)
Ingress, Egress and Po'?t ng EosernenN..
\AFN 8912290859, 691229086 and
`` 1 dQ....d by AAN 95072102
'■,___' `8592'11 *.w \-'`
I
re
oh V
182.00'
2r
or
•
EXHIBIT C -1
LEGAL DESCRIPTION OF EASEMENT AREA
TOGETHER WITH THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION
26, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF
SECTION 26;
THENCE NORTH 87 °45'57" WEST, ALONG THE SOUTH LINE OF SAID SOUTHEAST 1/4 OF THE
SOUTHWEST 1/4, A DISTANCE OF 481.05 FEET TO THE WEST MARGIN OF SOUTHCENTER AS
ESTABLISHED IN KING COUNTY RECORDING NOS. 6343862, 6343863, 6343865, 6343867 AND
6343868;
THENCE NORTH 11 °59'33" WEST, ALONG SAID WEST MARGIN, A DISTANCE OF 830.58 FEET;
THENCE, CONTINUING ALONG SAID WEST MARGIN ON A CURVE TO THE RIGHT HAVING A RADIUS
OF 991.37 FEET, AN ARC DISTANCE OF 124.78 FEET THROUGH A CENTRAL ANGLE OF 07 °12'41"
TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 86 °40'03" WEST A DISTANCE OF 274.13 FEET;
ThENCE NORTH 01 °08'35" EAST A DISTANCE OF 30.66 FEET;
THENCE SOUTH 88 °51'25" EAST A DISTANCE OF 272.38 FEET TO SAID WEST MARGIN OF
SOUTHCENTER PARKWAY;
THENCE SOUTHERLY, ALONG SAID WEST MARGIN ALONG A CURVE TO THE LEFT THE CENTER OF
WHICH BEARS NORTH 85 °45'26" EAST HAVING A RADIUS OF 991.37 FEET, AN ARC DISTANCE OF
9.31 FEET THROUGH A CENTRAL ANGLE OF 00 °32'18" TO THE TRUE POINT OF BEGINNING;
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, WASHINGTON.
-11- 51404\01001\288778.V02 STD