HomeMy WebLinkAbout1984 - Non-Exclusive Easement Agreement - Benaroya Company / JABCO / Mesabi Western Corporation - 84060110378406011037
RECORDING, RETURN TO:
JOEL bENOLIE
5601 Sixth South
Seattle, WA 98108 NON - EXCLUSIVE EASEMENT AGREEMENt PS.4i0E "Ui i110t' 0
RECD F B.00t
This Agreement is made and entered into as of the
• 198S, by and between JACK A benaroya COMPANY, Washington corporation ( "JABCO" ) and MESABI WESTERN
CORPORATION, a Minnesota corporation ( "MESABI ").
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WHEREAS, JABCO is the owner of that certain property more fully'
described on Exhibit "A• which is attached hereto and by this reference is
made part hereof; and
WHEREAS, MESABI is the owner of that certain adjoining property more
fully described on Exhibit "B" which is attached hereto and by this reference
is made a part hereof; and
WHEREAS, JABCO and MESABI desire for their mutual benefit to establish
a common driveway for purposes of non - exclusive ingress and egress to and
from their respective premises.
NOW, THEREFORE, in consideration of the covenants and promises contained
herein and the benefits to be derived by the parties hereto, it is hereby
mutually agreed as follows:
1. JABCO and MESABI do hereby grant to each other and their respective
successors, assigns, tenants, and invitees, a reciprocal non - exclusive easement
and right -of -way for a common driveway over, across and upon that certain
piece of property (the "Easement Property"), more fully described on Exhibit "C ",
which is attached hereto and by this reference is made a part hereof.
2. All Fosts of constructing and maintaining said easement and driveway
shall be JABCO's sole responsibility; provided that MESABI shall pay for any
damage which results thereto due to the negligence of MESABI, its agents,
employees, tenants or invitees.
3. Each party hereto agrees that it will not obstruct or interfere with
the reasonable use by the other of the Easement Property or the non - exclusive
rights granted herein.
9. In the event that MESABI, in its sole discretion, determines that
the full enjoyment and use of its proerty, as a result of a change of circumstances,
warrants the termination of this non- exclusive easement agreement including,
84G6011037
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but not limited to, redevelopment. termination of rail service or a need for
additional parking to serve its property, then, upon sixty (60) days written
notice to JABCO of such termination, this agreement shall be automatically
cancelled and forever terminated. MESABI shall be responsible for all
improvement costs resulting from such termination which are incurred to
reestablish the identity of JABCO's property line.
5. This Agreement shall not convey to or vest in the public any
rights of ingress or egress over, across or upon the Easement Property.
6. This Agreement is a mutual covenant running with the land in
favor of, enforceable by, and binding upon, the parties hereto and their
respective successors, assigns and representatives, including without
N
limitation, all subsequent owners of the properties described on Exhibits °A°
and B. respectively, and all persons or entities claiming through or under
3 them.
7. This Agreement shall take effect and be in full force and effect
when executed by the parties hereto. JABCO shall record a copy hereof.
JACK A. BENAROYA COMPANY, a MESABI WESTERN CORPORATION, a
Washington corporation Minnesota corporation-
-2-
STATE OF WASHINGTON )
) ss.
COUNTY OF KING
•
On this day of jff , 1984,
personally appeared
before me JOEL BENOLIEL, to me known to be the Vice President of JACK A.
BENAROYA COMPANY, . the corporatbn that executed the within and foregoing
instrument, and acknowledged to me that he was authorized to sign the same
on behalf of the corporation as its free and voluntary act and deed for the uses
and purposes therein mentioned.
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tQ WASHINGTON, residing at
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STATE OF WASHINGTON )
COUNTY OF ICING ) ss.
)
On this / Aiday of , 1984 ,
Personally appeared before
before me William E. Boeing, Jr. to me known to be the Chairman
of the Board of the corporation that executed the within and foregoing instrument,
and acknowledged to me that he was authorized to sign the same on behalf of the
corporation as its free and voluntary act and . _ for the uses and _._
therein mentioned.
0
Washington
residing at .' /c$ - _
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NIIt 1111 A'.1 L'1IA1111 H (!1 11ti NIIU111w1 S1 t141.11 R 1)F SLE.TIO•1 35. TOWNSHIP 23
N!)' 111. RAN1.1 4 1 AS1. H.`i.. IN KIN(. L11(INIY. wASHI!,GTON. DESCRIBED AS
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N,IRIIIK!SI UUAR1114 (11 111L NORTHEAST QUARTER. A DISTANCE OF 094.47 FEET TO
1mU NORTH 1141 01 1111 S00T11 430 Iti1 Ur SAID NO3THFAST QUARTER OF THE
kt'NIHMLSI (I14R11H ANO 1114 11tLIL •'C'iN1 OF PEGIE:\l\G; THENCE NORTH 87'50'57"
HINT AWN:. SAID NO1:111 TIN! A DISTANCE OF 177.29 FEET TO A LINE 36 FEET
IA \IURLY 0I 111t C1N1!R11NF :7F SDUIHCI%:l1R PARKWAY IFORHERLV 57TH AVENUE
\L1U1111; IHENCL St1L'l11 11'.'J'31" CAST A'0' 'AID LINE A DISTANCE OF 322.74
MT; TI4INt:t ALONE: A LtRvt 10 THE L Ei 1 HAt'1VG A RADIUS OF 107.24 EEET..A':
AK( DISIA'tLI OF 141.96 FEET 11iRE1U:•H A CENTRAL ANGLE Of T.5'50'36" TO A LINE
1t• FEL1 NE)R1111.RLY 01 THE CENTERLINE OF SOUTH 160TH' STREET; THENCE SOUTH
RT'SD'09" (AST ALONE. SAIL LINO- A OISTANCE OF 576.704E0 TO A LINE 740.70
PITT WEST OE 1HE tASl LINE 0►. SA1D NORTHUE51 QUARTER OF THE NORTHEAST.
Qi. RTLR CE SAID SECTION V.; THENCE NO T4 01•51'3°" EAST A DISTANCE OF
'iS3.69 FEi•1 10 A 1`PINT $011111 01'51'39" WEST SO.CO FEET FROM THE SOUT'.:EST
1 L14NEA DT 1H1 TRAL . !11E LARD C)NV =Y: D TO n,UC E E. 4t CAN'1. ET AL. BY GEED
gtC.010I0 E'NOIR REC(':01.i. 14". .720'7.:0551; THENCE NORTH 87'55'02" KS'
1.1t 1; TIIINLE .NORTH v1 .1• c1" EAST 50.0: FEET; THENCE NORTH .
rT• s�•p;'• .:I'Ct A 01S14NCE tic 21e.04 FEET TO A c3INT 140.16 FEET E:.ST CF
li•! NISI" L 1Nt 01 111E NORTHEAST QUARTER OF Salt' SECTION 35; T"EA.E SOUTH
wi.S1 A OIStA \;t or FEET TO THE NORTH LINE OF THE SO;:T"
+'o CtI.1 01 $A1P N.i.thKE.l '',NA:1FR OF THE N''.r.THE_AST QUARTER; THENCE NC2T
$7.5012V" til \T A OIsTA41E U` 140.1: FEET 13 THE T1 UE POINT OF BEGI\\;AG. 1
100111;t: w11H A Nl' \r..\ill'SI\: EASmf%T FCa 1NC. S A \` EGRESS OvEC
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'.' tE't C.J:''AU;i\ ;tY RECoR t \: N. 71111::._
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EXHIBIT B
The West 250 feet measured at right angles to the West line
of the following described property:
That portion of the Northwest quarter of the Northeast quarter
of Section 35, Township 23 North, Range 4 East, W.M.,"in King
County, Washington described as follows:.
Beginning at the Northeast corner of the Northwest quarter
of the Northeast quarter of said Section 35; •
thence South 01 °51'39" West along the East line of said North
west quarter of the Northeast quarter a distance of 1003.74
el feet;
thence North 87 °55'02° West a distance of 30.00 feet to the
West margin of Andover Park West and the true point of beginning;
il i4 .thence continuing North 87 °55'02" West a distance of 270.00
feeti
thence North 01 °51'39" East a distance of 272.50 feet;
thence North 87 °55'02" West a distance of 440.70 feet:
thence South O1 °51'39" West a distance of 553.89 feet to a
line 36 feet North of the centerline of South 180th Street;
hence South 87'50'09" East along said line a distance of
685.17 feet;
thence along a curve to the left, the center of which bears West Wet
ofs52.972feet ' through having a distance
8' to he West
margin of Andover Park West;
thence North O1 °51'39" East along said West margin a distance
of 238.66 feet to the true point of beginning.
Situated in the City of.Tukwila, County of King, State of
Washington.
EXHIBIT "C"
That portion of the northwest quarter of the northeast quarter of Section 35.
Township 23 North, Range 4 East, N.M., in King County, Washington, lying
within a strip of land 20 feet in width, having 10 feet of said width on
each. side of the following described centerline:
Beginning at the northwest corner of said northwest quarter of the northeast
quarter, thence 5 02 °24'12" W along the west line of said northwest quarter
of the northeast quarter, a distance of 894.47 feet to the north line of the
south 430 feet of said northwest quarter of the northeast quarter; thence
S 87 °50'09" E a distance of 140.16 feet; thence N 02 °24'12° E a distance of
209.26 feet; thence S 87 °55'02" E a distance of 218.09 feet; thence
S 01 °51'39" W a distance of 50 feet; thence S 87 °55'02" E a distance of
220 feet to the true point of beginning; thence S 01 °51'39" W a distance
of 482.00 feet to a point hereinafter referred to as "Point A ";
Together with a strip of land 28.50 feet in width, having 14.25 feet on
each side of the following described centerline: Beginning at the afore-
mentioned "Point A "; thence S 46 °51'39" W a distance of 79.00 feet to a
point hereinafter referred to as "Point B ";
Together with a strip of land 40 feet in wic'th, having 20 feet of said width
on each side of the following described centerline: Beginning at the afore-
mentioned "Point B "; thence S O1 °51'39" W a distance of 15.74 feet, more or
less, to the north margin of South 180th Street and the terminus of this
easement.
Adak
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EXHIBIT "A"
THAT PORTION OF T111; NUa1I•►WFST QUARTER OF THE NORTHEAST QUARTER AND THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER'GF SECTION 35. TOWNSHIP 23
NUkTH. RANGE; 4 EAST, W.M., IN KING COUNTY. WASHINGTON. DESCRIBED AS
FOLLOWS;
BEGINNING AT THE NORTHWEST CORNER OF SAID NORTH4EST QUARTER OF THE
NORTHEAST QUARTER; THENCE SOUTH 02'24'12" WEST ALONG THE WEST LINE OF SAID
NORTHWEST QUARTER OF THE NORTHEAST QUARTER, A DISTANCE OF 994.47 FEET TO t
TOE NORTO LINE OF TNE.SOUTH.430 FEET OF SAID NORTHEAST QUARTER OF THE
NORTHWEST QUARTER AND THE TRUE , POINT OF BEGINNING; THENCE NORTH 87•50,57"
WEST ALONG SAIO NORTH LINE A DISTANCE CF 177.29 FEET TO A LINE 36 FEET
EASTERLY OF THE CENTERLINE OF SOUTHCENTER PARKWAY IFORMERLY 57TH AVENUE
SOUTHII THENCE SOUTH 11'59133" EAST ALONG SAID LINE A DISTANCE OF 322.74
FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 107.24 FEET. AN
ARC DISTANCE OF 141.96 FEET THROUGH A CENTRAL ANGLE OF 75.50'36" To A LINE
36 FEET NORTHERLY OF THE CENTERLINE OF SOUTH 180TH STREET; THENCE SOUTH
(11'30'00" EAST. ALONG SAID LINE A DISTANCE OF 576.70 FEET TO A LINE 740.70
FCET WEST OF THE EAST LINE OF SAID NORTHwEST QUARTER OF THE NORTHEAST
QUARTER OF SAIO.SECTION 35; THENCE NORTH 01'51'39" EAST A DISTANCE OF
53).119 MEET TO A POINT SOUTH 01'51'39" WFST 53.00 FEET FROM TAE SOUTY.;EST
CORNER QF THE TRACT OF LAND CONVEYED TO 9RUCE E. MC CANt4, ET AL, BY DEED
RECORDED UNDER RECORDING NO, 720'1170551; THENCE NORTH 87•55'02" WEST
dA0.00 FEET, THENCE NORTH 01'51`39" EAST 50.00 FEET; THENCE NORTH
14145S'02' WEST A DISTANCE OF 21 @.09 FEET TO A POINT 140.16 FEET EAST OF
l44(E WEST LINE OF THE NORTHEAST- QUARTER OF SAID SECTION 35; THENCE SOUTH
f3'24'12" WEST A DISTANCE OF 209.26 FEET TO THE NORTH LINE OF THE SOUTH
430 FEET OF SAID NORTHWEST QUARTER OF THE' NORTHEAST QUARTER; THENCE NORTH
I►1'30'09" WEST A DISTANCE OF 140.16 FEET TO THE TRUE POINT OF BEGINNING.
TOGETHER WITH A NON - EXCLUSIVE EASMENT FOP INGRESS AND EGRESS OVER AND
ACROSS A STRIP OF LAND SO FEET IN WIDTH DESCRIBED AS FOLt..OwS:
DEOINWINO AT THE S0UTt44tEST CORNER OF THAT CERTAIN TRACT OF LAND CON EYED
TO II1b CORPORATION DT DECO RECOROEO UN MR RECORDING NG. 711110010;
THENCE NORTH el` SS'32" WEST A • DISTANCE OF 660.70 FEET; THENCE S3UTH
01 651'39" WEST-PARALLEL TO ANDOVER P.n1 1:;,5T A DISTANCE OF 50.03 FEET;
THEME SCOTIA 01•55'O:" EAST A DISTANCE .OF 930.70 FEET TO THE .LEST MAQ iv
04 ANDOVER PARK NEST;. THENCE NORTH 01'S;'3c" EAST ALONG SAID WEST MAPGI`t
DISTANCE or x0.11@ 1'l ET T`t THiI SOi4Tl'EA5.T tv^.,zYER OF SAM TRACT OF La
C0.'trot EO .DC RECORDING, t\42, T; 1110E31o; THENCE NORTH $7•55102" ►:EST ALON
THE SOUTH LINE.0w ca1O TR.ACI OF tA&O .A DISTANCE OF.2 -70.00 FEET TO THE