HomeMy WebLinkAbout2009 - Tract a Private Access Easement Agreement - Doak Homes - 20090507000913CONFORMED COPY
20090507000913
COAK HOMES EAS 50.00
PAGE001 OF 007
05/07/2009 14:26
KING COUNTY, WA
TO: David McPherson, Public Works
Don Tomaso, Fire Department
FROM: Brandon J. Miles, Senior Planner
DATE: April 27, 2009
RE: Doak BLA, L08 -040
The above boundary line adjustment may be ready for recording. Please review and
initial where indicated. Our settlement agreement with Doak Homes requires that we
complete review of the document by May 12, 2009.
Please let know if you have any questions.
Fire Department C KSO
crnPublic Works Department
Return Address:
DOAK HOMES, INC.
11812 26TH Ave. SW
Burien, WA 98146
Title: TRACT A PRIVATE ACCESS EASEMENT AGREEMENT
Reference Numbers: Volume 12 of Plats, page 100, Records of King County,
Washington.
Grantor:
Grantee:
DOAK HOMES, INC.
DOAK HOMES, INC.
Grantors Legal Description: Lots 9 through 19 inclusive, in Block 9, and all of Block 10
and vacated Angle Street (VAC 10- 7 -40), Allentown Addition to the City of Seattle,
according to the plat thereof, recorded in Volume 12 of Plats, page 100, records of King
County, Washington. (AKA Tukwila Boundary Line Adjustment No. L08 -040).
Grantees Legal Description(s): Lots 9 through 19 inclusive, in Block 9, and all of Block
10 and vacated Angle Street (VAC 10- 7 -40), Allentown Addition to the City of Seattle,
according to the plat thereof, recorded in Volume 12 of Plats, page 100, records of King
County, Washington. (AKA Tukwila Boundary Line Adjustment No. L08 -040).
Tax Parcel No. 0179001855.
TRACT A
PRIVATE ACCESS EASEMENT AGREEMENT
KNOWN ALL MEN BY THESE PRESENTS that the undersigned, is the owner in fee
simple ( "Grantor" herein), of the real properties described as follow:
Lots 9 through 19 inclusive, in Block 9, and all of Block 10 and vacated Angle Street
(VAC 10- 7 -40), Allentown Addition to the City of Seattle, according to the plat thereof,
recorded in Volume 12 of Plats, page 100, records of King County, Washington. (AKA
Tukwila Boundary Line Adjustment No. L08 -040).
WHEREAS, the boundaries of Grantors property described hereinabove are adjusted to a
configuration including "Lots 1 through 10 ", and a private access "Tract A" within the
action known as Tukwila Boundary Line Adjustment No. L08 -004, for which the
individual legal descriptions are attached hereto as Exhibit A, and
WHEREAS, Grantor intends to construct a joint use private access road, utilities and
drainage facilities within that portion of Grantors property known as "Tract A" to service
Lots 1 through 10 inclusive, of Tukwila Boundary Line Adjustment No. L08 -004, and
WHEREAS, Grantor intends that each of the ten lots with said Tukwila Boundary Line
Adjustment No. L08 -004, shall be responsible for an equal share of the maintenance of the
roadway, utilities and drainage facilities constructed within said Tract A.
NOW THEREFORE, Grantor hereby declares, grants and conveys to said Lots 1 through
10 inclusive, of Tukwila Boundary Line Adjustment No. L08 -004, the right of use for the
purpose of ingress, egress, the construction, use and maintenance of a private roadway,
utilities and drainage facilities over, under, across and through the real property described
as "Tract A" in the attached Exhibit A:
This right or use (easement) is granted subject to covenants, reservations and conditions
described as follows:
1. Tract A is for the sole purpose of access, utilities, and drainage facilities to serve
said Lots 1 through 10, inclusive.
2. The agreement includes the right of ingress, egress, and regress for the purpose of
construction, use, and maintenance of a private roadway, public or private utilities
and storm drainage facilities.
3. All costs for construction and maintenance costs of the roadway and other
improvements within said Tract A shall be borne equally by the owners of said
Lots 1 through 10, inclusive, their heirs, successors or assigns.
4. Said easement is subject to a utilities easement in favor of any electric, telephone,
television cable, gas, water, or sewer company, public or private, or their permittees
or assigns to install, construct, operate, maintain, alter, and repair their respective
utilities for servicing grantee properties, together with the right of ingress and
egress for said purposes.
5. Maintenance costs of the roadway, utilities and drainage facilities constructed
within said Tract A shall be borne equally by Lots 1 through 10, inclusive, their
heirs, successors or assigns.
6. The amount and type of maintenance to be performed on the private roadway,
utility and drainage facilities shall be determined by majority vote of the lot
owners. Each lot shall have one vote regardless of the number of owners owning
any lot.
7. The roadway, sidewalk, utilities and drainage facilities constructed for joint use of
Lots 1 through 10, within Tract A or any associated easement areas, shall at all
times be maintained in operational condition consistent with normal standards of
practice in accordance with the Civil Construction Plans for Boundary Line
Adjustment No. L08 -040 approved by the City of Tukwila. Tract A shall at all
times be maintained to support safe and unimpeded pedestrian and vehicular
access, including fire and other emergence vehicles.
8. Construction or maintenance of utilities and services for individual lots requiring
access to and /or affecting the condition of Tract A shall be the responsibility of that
lot owner and must be remedied in an expeditious manner (no more than 30 days).
9. For the purpose of maintaining the facilities within said Tract A, each fee simple
owner shall be assessed a proportional amount of the actual cost of such
maintenance. Such assessment, together with interest thereon, and costs of
collection as herein provided, shall be a charge and become a continuing lien on the
owner(s) land on which assessment is made and shall be the personal obligation of
said owner(s) at the time the costs are incurred which form the basis of the
assessment. If any assessment is not paid within thirty (30) days after it is due, the
assessment shall bear interest from the due date at the rate of twelve percent (12 %)
per annum and any of the said owner(s) may bring an action at law against the
person or persons obligated to pay the assessment and interest, costs and reasonable
attorneys fees of any such action shall be added to the amount of such assessment
and all such costs shall be included in any judgment. The lien of the charges
provided for in this instrument shall be subordinate to the lien of any bonafide
mortgage or deed of trust.
10. The herein instrument may be amended only upon the written agreement of the
Grantor and Grantee herein.
This easement agreement shall run with the land and shall be binding on all parties having
or acquiring any right, title, or interest in the land described herein or any part thereof.
DOAK HOMES, INC.
by: Darryl Doak, Sr. •
it's President
STATE OF WASHINGTON )
)ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Darryl Doak, Sr. is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he was authorized to execute the instrument, and acknowledged it as the
President of Doak Homes, Inc., a Washington corporation, to be the free and voluntary act
and deed of such party for the uses and purposes therein mentioned in the instrument.
Given under my hand and official seal this II " day of
Notary Public in and for t ear of
Washington, residing at /
Appointment expires:
, 2008.
EXHIBIT A
LEGAL DESCRIPTIONS FOR BOUNDARY ADJUSTMENT NO. L07 -040
LOT 1
That portion of Block 10 and vacated Angle Street (VAC 10- 7 -40), Allentown Addition to the City of
Seattle, according to the plat thereof, recorded in Volume 12 of Plats, page 100, records of King County,
Washington, described as follows:
Beginning at the Southeast corner of Lot 21, Block 9 of said Allentown Addition to the City of Seattle;
Thence S89° 17'24 "E along the extension of the South boundary line of said Lot 21, 25.37 feet to the
Westerly right -of way boundary of 5151 Place South;
Thence S32 °31'24 "E along the Westerly right -of way boundary of 51st Place South, 88.66 feet;
Thence Southwesterly 15.63 feet along a non- tangent curve to the right, with a radius of 20.00 feet, whose
radius center point bears N44 °03'37 "W, through a central angle of 44°46'13 to a point of tangency;
Thence N89°17'24"W, 63.15' feet to the Westerly boundary of said vacated Angle Street;
Thence N0 °42'36 "E along said Westerly boundary of Angle Street, 79.96 feet to the Point of Beginning.
Situate in County of King, State of Washington.
LOT 2
That portion of Lots 17, 18 and 19, Block 9, Allentown Addition to the City of Seattle, according to the plat
thereof, recorded in Volume 12 of Plats, page 100, records of King County, Washington, described as
follows:
Beginning at the Northeast Corner of said Lot 19;
Thence S0 °42'36 "W, 50.00 feet;
Thence N89 °17'24 "W, 50.00 feet to the West boundary of said Lot 17;
Thence N0 °42'36 "E, 50.00 feet to the midpoint of the North boundary of said Lot 19;
Thence S89 °17'24 "E, 50.00 feet to the Point of Beginning.
Situate in County of King, State of Washington.
LOT 3
That portion of Lots 15, 16 and 19, Block 9, Allentown Addition to the City of Seattle, according to the plat
thereof, recorded in Volume 12 of Plats, page 100, records of King County, Washington, described as
follows:
Beginning at the Northwest Corner of said Lot 19;
Thence S0 °42'36 "W, 50.00 feet;
Thence S89 °17'24 "E, 50.00 feet to the East boundary of said Lot 16;
Thence N0 °42'36 "E, 50.00 feet to the midpoint of the North boundary of said Lot 19;
Thence N89°17'24"W, 50.00 feet to the Point of Beginning.
Situate in County of King, State of Washington.
LOT 4
That portion of Lots 9, 10, 13 and 14, Block 9, Allentown Addition to the City of Seattle, according to the
plat thereof, recorded in Volume 12 of Plats, page 100, records of King County, Washington, described as
follows:
Beginning at the Northeast Corner of said Lot 9;
Thence N89°17'24"W along the North boundary of said Lot 9, 45.00 feet;
Thence S0 °42'36 "W, 77.34 feet;
Thence S84° 17'24 "E, 25.75 feet to the beginning of a tangent curve to the left;
Thence along a curve to the left whose radius is 100.00 feet and internal angle is 5 °00'00 ", a distance of 8.73
feet;
Thence S89° 17'24 "E, 10.63 feet to the East boundary of said Lot 14;
Thence N0 °42'36 "E, 79.96 feet to the Point of Beginning.
Situate in County of King, State of Washington.
LOT 5
That portion of Lots 9, 10, 11, 12 and 13, Block 9, Allentown Addition to the City of Seattle, according to the
plat thereof, recorded in Volume 12 of Plats, page 100, records of King County, Washington, described as
follows:
Commencing at the Northeast Corner of said Lot 9;
Thence N89 °17'24 "W along the North line of said Lot 9, 45.00 feet to the True Point of Beginning;
Thence continuing N89 °17'24 "W 55.00 feet to the East right -of -way boundary of 50`h Avenue South;
Thence S0 °42'36 "W, along the East right -of -way boundary of 50`'' Avenue South, 65.68 feet to the beginning
of non - tangent curve to the left whose radius point bears N62 °40'33 "E;
Thence Southeasterly 14.91 feet along said non - tangent curve to the left whose radius is 15.00 feet and
internal angle is 56 °57'57 ";
Thence S84 °17'24 "E, 43.23 feet;
Thence N0 °42'36 "E, 77.34 feet to the True Point of Beginning.
Situate in County of King, State of Washington.
LOT 6
That portion of Lots 11, 12 and 13, Block 9, Allentown Addition to the City of Seattle, according to the plat
thereof, recorded in Volume 12 of Plats, page 100, records of King County, Washington, described as
follows:
Beginning at the Southwest Corner of said Lot 11;
Thence S89 °17'24 "E along the North right -of -way boundary of South 124th Street, 65.00;
Thence N0 °42'36 "E, 62.96 feet;
Thence N84° 17'24 "W, 46.61 feet to a tangent curve to the left;
Thence along a tangent curve to the left whose radius is 20.00 feet and central angle is 62 °14 "32 ", a distance
of 21.73 feet;
Thence S0 °42'36 "W, 57.92 feet to the Point of Beginning.
Situate in County of King, State of Washington.
LOT 7
That portion of Lots 13, 14 and 15, Block 9, Allentown Addition to the City of Seattle, according to the plat
thereof, recorded in Volume 12 of Plats, page 100, records of King County, Washington, described as
follows:
Commencing at the Southwest Corner of Lot 9, of said Block 9;
Thence S89 °17'24 "E along the North right -of -way boundary of South 124`h Street, 65.00 feet to the True
Point of Beginning;
Thence continuing S89 °17'24 "E, 60.00 feet to the Southeast corner of said Lot 15;
Thence N0 °42'36 "E, along the East boundary of said Lot 15, 61.32 feet;
Thence N89° 17'24 "W, 41.24 feet;
Thence N84° 17'24 "E, 18.83;
Thence S0 °42'36 "E feet, 62.96 feet to the True Point of Beginning.
Situate in County of King, State of Washington.
LOT 8
That portion of Lots 16, 17 and 18, Block 9, Allentown Addition to the City of Seattle, according to the plat
thereof, recorded in Volume 12 of Plats, page 100, records of King County, Washington, described as
follows:
Beginning at the Southwest Corner of said Lot 16;
Thence S89 °17'24 "E along the North right -of -way boundary of South 124th Street, 60.00 feet;
Thence N0 °42'36 "E, 61.32 feet;
Thence N89° 17'24" W, 60.00 feet;
Thence S0 °42'36 "W along the westerly boundary of said Lot 16, a distance of 61.32 feet to the Point of
Beginning.
Situate in County of King, State of Washington.
LOT 9
That portion of Lots 18, Block 9, and vacated Angle Street (VAC 10- 7 -40), Allentown Addition to the City
of Seattle, according to the plat thereof, recorded in Volume 12 of Plats, page 100, records of King County,
Washington, described as follows:
Commencing at the Southwest Corner of Lot 16 of said Block 9;
Thence S89 °17'24 "E along the North right -of -way boundary of South 124th Street, 60.00 feet to the True
Point of Beginning;
Thence continuing S89 °17'24 "E, 60.00 feet;
Thence N0 °42'36 "E, along the East boundary of said Lot 15, a distance of 61.32 feet;
Thence N89 °17'24 "W, 60.00 feet;
Thence S0 °42'36 "E, 61.32 feet to the True Point of Beginning.
Situate in County of King, State of Washington.
LOT 10
That portion of Block 10, and vacated Angle Street (VAC 10- 7 -40), Allentown Addition to the City of
Seattle, according to the plat thereof, recorded in Volume 12 of Plats, page 100, records of King County,
Washington, described as follows:
Commencing at the Southwest Corner of Lot 16, Block 9, of said Allentown Addition to the City of Seattle;
Thence S89° 17'24 "E along the North right -of -way boundary of South 124th Street, 120.00 feet to the True
Point of Beginning;
Thence continuing S89 °17'24 "E, 91.61 feet to the Westerly right -of -way boundary of 515t Place South;
Thence N32 °31'24 "W, along the Westerly right -of -way boundary of 5151 Place South, 73.31 feet;
Thence S89 °17'24 "W, 51.43 feet;
Thence S0 °42'36 "E, 61.32 feet to the True Point of Beginning.
Situate in County of King, State of Washington.
TRACT A (Private Road Tract)
That portion of Lots 10 through 18 inclusive, in Block 9, and Block 10, and vacated Angle Street (VAC 10-
7-40), Allentown Addition to the City of Seattle, according to the plat thereof, recorded in Volume 12 of
Plats, page 100, records of King County, Washington, described as follows:
Commencing at the Southeast Corner of said Block 10;
Thence N32 °31'24 "W, along the Westerly right -of -way boundary of 5151 Place South, 73.31 feet to the True
Point of Beginning;
Thence N89 °17'24 "W, 212.68 feet;
Thence N84 °17'24 "W, 65.44 feet;
Thence along a tangent curve to the left whose radius is 20.00 feet and central angle is 62°14"32", a distance
of 21.73 feet to a point on the Easterly right -of -way boundary of 50t Avenue South located 57.92 feet north
of the North right -of -way boundary of South 124th Street as measured along said Easterly right -of -way
boundary of 50`h Avenue South;
Thence N0 °42'36 "E, 46.18 feet to the beginning of a non - tangent curve whose center point bears
S62 °40'33 "W, 15.00 feet;
Thence Southeasterly along said non- tangent curve to the left whose radius is 15.00 feet and internal angle is
56 °57'57 ", a distance of 14.91 feet;
Thence S84 °17'24 "E, 68.98 feet;
Thence along a tangent curve to the left whose radius is 100.00 feet and internal angle is 5 °00'00 ", a distance
of 8.73 feet;
Thence S89 °17'24 "E, 170.51 feet;
Thence Northeasterly 15.63 feet along a tangent curve to the left with a radius of 20.00 feet and central angle
of 44°46'13 to a point on the Westerly right -of -way boundary of 515` Place South;
Thence S32 °31'24 "E, 41.01 feet to the True Point of Beginning.
Situate in County of King, State of Washington.