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HomeMy WebLinkAbout2002 - Construction and Maintenance Easement Retaining Wall and Drainage System - Seattle Tacoma Executive Properties / Helen Ing Investments - 20020924001916 Received: 9/25/02 1:22PM; ROBERT G S1EH Edwards Sieh Smith & Gondfr!end, P S 701 .5th Avenue, Suite 7110 Seattle, WA 98104 205 343 0403 -> EDWARDS,SIEH,SMITH& UOUrMitNU; rage d CONSTRUCTION AND MAINTENANCE EASEMENT RETAINING WALL AND DRAINAGE SYSTEM GRANTORS: Seattle Tacoma Executive Properties Limited Partnership, a WADA e Umitod Partnership, Stock Market Institute of Learning, Inc We Wades Cook Seminars, Inc f /k/a United Support Association — GRANTed: Helen Ing Investmontc Limited Partnership, a Washington Limited Partnership ,-- LltaAt. D6scr1PTtoNe. The North 250 ft along the Wont line of Lot 2, of Interurban edd,tlon to Seattle, as per Plat recorded to Volume 10 of Plats, Page 85, Records of King County. CD C,:: �� Portion of Lot 2, Interurban addition to Seattle, according to the plat thereof c`441 recorded In Volume 10 of Plats, Page 55, records of King County, Washington 0'1 Portion of Lot 2, interurban addition to Seattle, according to the plat thereof CM recorded in Volume 10 of Plats, Pape 58, records of Kind County, Washington, cssessOR's PROPERTY TAX PARc6UAccoUNT NUMMI: 550- 700.0023.08, 359. 700.0021.00, p Pi� uJ .-• 389700.0020.00 Sari -+-2 - THIS IN Q T RE is made by Seattle) Tacoma Executive Properties Limited Partnership, a Limited Partnership, and Stock Market Institute of Learning, Inc f /k/a Wade Cook Seminars, Inc f/k/a United Support Association, hereafter called the Grantor, and Helen Ing Investments Limited Partnership, a Washington Limited Partnership, hereinafter called Grantee WIiTNESSETH, EXCISE NOT - EQUiFlED NI 1 ig Received: 9/25/02 1:22PM; 09/25/2002 13:01 FAX 208 343 8403 208 343 8403 -> E0WAR08,SIEH,$MIIM&uuouhHlhNu; Rage Y Pgcific`YW Time U8 Ij0o9 1. Grant of Easement. For and In consideration of valuable benefits the receipt whereof is hereby acknowledged, Grantor grants and conveys an exclusive easement for the purposes described in paragraph 3 across the property described in paragraph 2. 2. E earra/_Deseriplk n of basement. The property subject to the easement is located In K1rig County, State of Washington The property subject to the easement is composed of two parcels, legally described as follows' arco P i Cane• That portion of Lot 2, Interurban addition to Seattle, According to the plat thereof recorded in Volume 10 of Plats, Page 55, Records of King County, Washington, described as follows' Beginning at the Intersection of the Northerly margin of South 149th Street and the Southwesterly margin of SSH #5•■, said point being at right angles to and 30 feet from station 108 +27.35 of said highway, Thence N 22°48'00" W 111.37 feat to the point of beginning, Thence continuing N 22 °48'00" W 253 94 feet, Thence S 89 °38'22" W 139 18 feet, Thence S 22 °48'00" E parallel to said highway 243.91 feet, .o Thence S 88 °39'00" E parallel to the North margin of South 149th Street 143 31 tg'1 feet to the point of beginning. Y— Situate in the County of King, State of Washington The south seventy (70) feet of the real property described eaea• N The North 250 Foot, as measured along the West lino of Lot 2, of Interurban a Addition to Seattle, as per Plot recorded in Volume 10 of Pleats, Pogo 85, records of King County; C■l Except that portion, described as follows' Beginning at tho Northwest corner of said Lot; Thence South along the West line of said Lot 250 00 feet, Thence North 89 °37'52" East 178.40 foot, Thence Northwesterly to a point on the North line of said lot which is North 89"37'52" East a distance of 10 00 feet from the point of beginning; Thence South 89°37'52" West 10 00 foot to the point of beginning of said exceptions; 2 ;' '.i 1102 Mecelved: Y /'Lb /02 1 :22f M; 09/25/2002 13:01 1:A.i 206 343 8403 ••■••••••••■••••■•••••••..■ 20020924001916 4U0 j4j tl4U:3 -> tUWAHUS, S1bH, SM1 I H &UOOU1- HIENU; Page lo Pacific NW 'Title t'8 r ioio Arid except that portion of Lot 2 of Interurban addition to Seattle, as per Plat recorded in Volume 10 of Plats, Page 55, Records of King County, described as follows. Beginning as a,point on the North line of said Lot 2, Tying south 89 °37'52" West 145 13 feat from the intersection of said North line with the Southwesterly margin of Interurban Avenue South (the Southwesterly lino of the Northeasterly 40 feet of lot 2); Thence North 69°37'52" East, 50.58 foot to a point on a curve to the right with a 160 00 foot radius and initial radial bearing of south 22°13'28" East, Thence Southwesterly on said curve an arc of 122.09 feet and central angle of 43.42'40" to the North Tine of said lot 2; Thence North 89637152" East 59 58 feet to the point of beginning, as conveyed to the City of Tukwila by recording no 9305081289; Situate in the City of Tukwila, County of ling, State of Washington, 3. purdese of asornent. 3.1. This easement is for construction and maintenance of a retaining wall, roughly parallel to, and west of the westerly property line of the real property described in paragraph 2 above, rand for construction and maintenance of a drainage system associated with the retaining wall install ation, together with associated drainage facilities such as males The retaining wail is being constructed on the real property describ ©d in Section 4 below, and the associated drainages system ie being conatructod on Parcel On described in Section 2 above, Tho rights granted under this easement include ingress, ogress and access to the property described in Suction 2 for the construction end maintenance of the retaining wall and drainage system, Including, but not limited to, the temporary placement of such trucks, drilling machines, earth moving equipment, and any other equipment used for the construction and maintenance of the drainage system, and for related activities, including, but not limited to, temporary placement or storage of soils and fill, materials used In construction and maintenance, temporary buildings or trailers, placement of fencing, and all other mete reasonably necessary or advisable for the construction and maintenance of the retaining wail 3.2. Grantee agrees to complete, at Its sole cost and expense, the work necessary to construct tho retaining wall, drainage system and related facilities in a professional and workmeanlike manner as soon as reasonably practicable following execution of this easement by Grantor, but in no event later than October 31, 2003. Grantee also shall complete the work In accordance with all applicable building codes, laws, rules, and regulations, and shall obtain the permits end approval° neceassary for such work, If any. Grantee shall keep the property free and clear of liens and other encumbrances arlaing from or relating to the construction, repair, restoration or maintentinco within the easement area If Grantee fails to do so, or to otherwise moot its obligations hereunder, Grantor, may, but is not obligated to, pay such costs and expenses arising from or relating to Grantee's breach, and bill Grantee for Grantor's coats If Grantor la not reimburaod within 30 days from the date of 3 0§ Og Received: 9/25/02 1 :22PM; 09/26/2002 13:07 FAX 208 343 8403 206 343 84U:i -> tUWNMIJa,J1Cf�,JM.1�iaa�a,vv1 I,.�,.u, ,.y„ Pacific 3W Title U8 X1011 W 1, �W •JY billing for its costs, Grantor may have a ken for the unpaid costs placed upon Grantee's property. 4, Prod erty_ Serval. The easement is for the benefit of the real property described as See attached Exhibit A 6 , Resforat'Io n af._l�ropetty. Grantee shall not be required to perform any restoration of Grantor's property following initial construction of the retaining wall, drainage system and related facilities, Upon completion of construction, Grantee shell thereafter, following any maintenance of the retaining wall, drainage system and related facilities, restore the Premises described in Section 2 above to its condition prior to the maintenance 8(a), aesae�,Nattonns by ©fir. Except as may be required for the construction and maintenance of the retaining wall, drainage system and related facilities described in Section 3 above, nothing in this easement gives to anyone the right to Interfere with the use by Grantor, its officers, employees, agents, guests, or its successors or assigns of the easement In common with others as defined in this easement document. 6(b). Grantor may at its sole expense, re -route the drainage system when and if It chooses to install Its own drainage system which would be adequate to provide the same drainage as the drainage system to be insttellad and maintained by Grantee Upon installation of any drainage system by Grantor which replaces or roe- routes the drainage system installed by Grantee, Grantee shall have no further liability of any kind to Grantor arising out of the drainage system installed by Grantee 7, bisesilaanLmi. Grantee shall pay, defend, indemnify and hold Grantor, Its officers, employees, agents, guests, customers, and °renter's successors and assigns harmless from any liability for injury to parsons or damage to property arising out of the construction or maintenance of the retaining wall, which Is on tho real property described In Section 4 and which roughly parallels the north -south common boundary between the real properties described in paragraphs 2 and 4, or out of the construction And maintenance of the drainage system nand related faacslities, except for liability caused by the negligence or greater fault of Grantor or Grantor's agents, representatives, contractors, guests or others on Grantor's property through Grantor. 8. ^ ,°cameral aid Asalons. The terms of this eaesemont are for the benefit of, and shall also bind, the heirs, successors and assigns of Grantor and Grantee 9. - , : u' - . t - - . The covenants contained In this easement run with the hand described in this ealssement end are for the benefit of the present owners of than described hand and their grantees, heirs, assigns and successors 4 1 g Hecelveq: vie*, U4 1:eerm; 09/25/2002 13 :07 PAX 208 343 8403 CNU JYJ tJ'�JV t.J11M11 L/J 1 J4.t . , J.I.4. Pacific 4W Title U8 Z012 10. Attorney's Fees. In the event of a dispute over the terms of this easement, or to enforce the terms of this easement, the prevailing party shall be paid such party's attorney's fees and costs, including, without limitation, reimbursement of any expert witness fees, and the costs of mediation, arbitration, trial or appeal 11. gptIre Aareement. This easement contains the entire agreement between the parties relating to the subject matter hereof and no modification of this agreement shall be valid unless made in writing and signed by the parties. 12. Notices,, Notices given hereunder shall be given by (I) personal delivery; (II) overnight courier, (III) telecopy or fax followed by first class mail, or (iv) certified mail, return receipt requested, to the addresses under each party's signature below. A party may change its address by written notice to the other party. Notices shall be deemed to be received and effective (1) when personally delivered, (11) one day after the date of forwarding by overnight courier, (iii) on the date of telecopy or facsimile with confirmation if the date of receipt is not a weekend or holiday, or if a weekend or holiday, then on the next business day; or (iv) if sent via certified mail, on the date of receipt LO GRANTEE C3 C'V av: Helen Ina, General Partner .� CN C C;.., N GRANTOR HELEN INO INVESTMENTS LIMITED SEATTLE TACOMA EXECUTIVE PROPERTIES PARTNERSHIP, A WASHINGTON LIMITED LIMM rITTNERSHIP, v PARTNERSHIP A N LIMITED PARTNERSHIP ItlLIM..■■•■••■ Authorized Repreeantiative STOCK MARKET INSTITUTE OP LEARNING, INC. F /K/A WADE COOK SEMINARS, INC. FIK/A UNITED SUPPORT ASSOCIATION Its Authorized Representative Hecexvecl: W /L5 /uE 1 :eJrM; 09/25/2002 13:08 FAX 208 3d3 _BAD; LVU ..,Y„ .�Y V.., `y•,I1, 0LJ%69 S..l�, Pacific NW Title U8 ra013 aainiama 10. I,tyo rs�er!e_Ties. In the event of a dispute over the terms of thus easement. or to enforce the terms of this easement, the prevailing party shall be paid such party's attorney's fees and costs, including, without limitation, reimbursement of any expert witness fees, and the costs of mediation, arbitration, trial or appeal 11. plant Arsr sment.,'This easement contains the entire agreement between the parties relating to the subject matter hereof and no modification of this agreement shall be valid unless made in wnting and signed by the parties 12. fNofie 1 Notices given hereunder shall be given by (1) personal delivery, (11) overnight courier, (iii) telecopy or fax followed by first class mail, or (iv) certified mail, retum receipt requested, to the addresses under each party's signature below A party may change Its address by written notice to the other party, Notices shall be deemed to be received and effective (I) when personally delivered, (ii) one day after the date of forwarding by overnight courier, (ill) on the date of telecepy or facsimile with confirmation if the date of receipt is not a weekend or holiday, or If a weekend or holiday, then on the next business day: or (iv) If gent via certified mall, on the date of receipt GRANTEt3 H*uiN ING INVESTMENTS PARTNERSHIP, A WASHINGTON PARTNERSHIP Helen I p, General Farm LIMITED LIMr erf • GRANTOR te SEATTLE TACOMA Exrcu71va PROPERTIES LIMITED PARTNERSHIP, A WASHINGTON LIMYTL'D PARTNERSHIP Auk � h rtzsd Ropre►amn�tatfve STOCK MARKET INSTITUTE OF LEARNING, INC. P /K/A WADS COOK SEMINARS, INC. FIKJA UNITED SUPPORT AssOCIAT1GN Authorized Representative Received: 9/25/02 1 :23} M; 0925/2002 13:08 FAX 208 343 8403 'GUC JUJ tl4U0 tUrr,v,y ua , ater-i. one . , i iuuuvu, „aa..�•u, , aye .Pacific 4W title t;8 fa) 014 STATE OF HAWAII ) )ers. COUNTY OF HONOLULU) On this day of 2002, before) ?t18. the undersigned, a Notary pubic in and for the State of Hawes, duty commissioned and sworn. personalty appeared Helen In to me known to bo, or having shown satisfactory evidence of bring, the Comical Partner of Helen Ing Investments Urnitrd Partnership, the corporation that executed the foregoing instrument eaa Canard( partner of Helen Ing Inveatmonts Limited Partnatship a WseehIngton Limited Partnership, and acknowledged the said Instrumtant to be tho free and voluntary act and dried of said corporation an such General Partner, and of said Limited Partnership, for thr ueeres and purposes therein mandoned, and on oath stated that she was auhonzed to execute the said instrument and that the anal affbred ees the corporate anal of said corporation Minoru' PaRner. ea+ ter �, StifinlII408 cpy hand and official soot hereto affixed the dey and yew In this cart fiesta above written • !. :4 j .„. v • • 3 •fa g d1 STATtet r4V SIINOTON 4:=I COUNTY OF KING "%IrY Print/Typo Name NOTARY PUauC in and for the Hawaii. residing at / 3" My appointment aspen. to of On this -.doll of , 2002, before ma, tho undersigned, a Notary Public In and for the elate of Washington, duly commeaseoned and sworn peervonally appeared before) ma la me known to ha, or having shown satisfactory evidence catalog, the partner of Seattle Tacoma t xecuteve Propardna Limited Pannerehep. a Washington Limned Partnership, and having on oath *toted that he /she was authon :ad to otrocuta the instrument, and who executed theforoonlno Instrument ao haslher free and voluntary act and deed for the uses and purposes therain mentioned WITNCU my hand and °Meoiot seal hereto aMxad the day and year in this oentfloata above written Print/Typo Namo NOTARY PUBLIC in and fit tho State of Washtnpton, raatd►np a My appo►ntmont ewperos lecelvecf: 9/25/02 1 : 23PM; 09/28/2002 13:08 FAX 200 343 8403 •••■• • • 4 • 1 •. 114411 1111.#410•••••- .0 .• , • a .1...6 •■•• ■• 4, 200 343 8403 - r E01NAfiUS, J1t:1l, �M1 1 navut. urn. e.e.�., .,y. , Pacific NW Title U8 - , (21015 STATE Ott HAWAII ) )ss COUNTY OF HONOLULU) On this, ...__„day of, _ , 2002, before me, the undersigned, a Notary Public In and forth* States of Wawau, duty commissioned and sworn, personally appnarod Heron frig to me known to be, or haWng shown satisfactory evidence of being, the General Partner of Heron lag Investments Limited Partnership, the corporation that axocuted the foregoing Instrument as general Partner of Helen Ing Investments Limited Partnership, a Washington Umitad Partnership, and acknowledged the said instrument to be the free and voluntary net and daetid of said corporabon as such General Partner, and of said Limited Partnership, for the uses and purposes therein mentioned, and on oath utatad that she was authorized to execute the said instrument and that the seal affixed la the corporate seal of said corporation General Partner. WITNESS my hand and official seal hereto affixed the day and year to this certificate above written STATE/ OR WASHINGTON ON COUNT' OR KIN O c On this ,1D4'k des of th D � y , 2002. boforex max, ra and ®ref n *d, a Notary Public in and for thq St to V}{p t ton, my commissioned and sworn oroonofly appoarad before me a t• , to me known to bo, or having satisfactory madonna of bang, the partn r of sattte Tacoma xecutnre Proportion Limited Partnartahlp, a Limited Partnership, and having C`J on oath stated that he /she was authorized to execute the Instrument, and who executed the /orogorng Instrumentals ON his/her free and voluntary act and dood for the uses a, - - • - ones therein montioned )se Print/Type Name NOTARY pUGLIC In and for the State of Hawaii, residing at My appointment oxpiresr r■ WITNESS my hand and official soar her o a • o • -, day god yea r�t this co } fiesta above written. ■••- .,4448 u,, .41 �t Sr r•� • 4..• ••��••'•.• .y,. • • 'I•,A,plllll•111111�11� Pnn • a Nomo NOTA ° Y PUBLIC in and f the Slate pf. Washington, rosldino a� �r,' My appointment explros —b Recoivetl: 9 /2b/U 1 :GJP M; 09,2 §2002 10:09 PAX 206 040 9400 r11 Irr•1 •"• • r • o N• • 1 • • rYW •■•,i,••■••••• • • • GVC Cu,, Fjuu, u•,1..I 1, .JIVl 1 11 Pacific vt1! Title ,G'9 • uy.- (21019 STATE OF WASHINGTON COUNTY OF KING r On this 1 y of * , 2002, before me, the undersi. n =d, - N • - ry Public to and for the State of Washington, duty commissio ed and sworn personalty doe red to me known to be, or having shown satisfactory evidence of being, the �- ,- . - - - - -. ,.,..= of stock Market institute of Learning, Inc, f/k/a Wade Cook Seminars, Inc, Uk/a United support Association, the corporation that executed the foregoing Instrument, and having on oath stated that he /she/theywee/were authorized to execute the Instrument, ecknowledged•the said instrument to be the free and voluntary act end deed of said corporation, for the uses and purposes therein menboned WITNESS my hand and official seal hereto • ed the day and year In this certificate above wntten )SS &L.4 4! ,52•,, f:r■ ciA 'q�. ''LL c CZY 1 Pk- 1 A 4.4 /, ;. _ tit∎ . PnnvType Name NOTARY PUBLIC on and fqt the $tate Washington, residing at My eppomtment expires 9 • ZZ 0'+ \ Received: 44/2b /0 'L 09/28/2002 13:08 FAX 208 343 8403 GVV J•+0 ..'. Vu..M1�uV,Vaur,V.oa...uuv�.u� •yaw..+, . ,.y,. Pacific NW Tittle U8 0 017 EXHIBIT A Lot 2, Interurban addition to Seattle, according to the Plat thereof recorded In Volume 10 of Plats, Page 55, in King County, Washington; Except to strip along the Easterly side thereof, condemned for road in King County Superior Court Cause No. 109001; Except the North 250 feet of said Lot 2, as measured along the West line thereof, And except the following described portion thereof It- 1 Beginning at the Intersection of the North margin of South 149th Street and •' the Southwesterly margin of S S H No 5 -M, said point being at right angles ON and 30 feet from station 108 +27,35 of said highway, c Thence N 22 °46'00" W along said highway 365,31 feet; CZ) Thence 8 89.38'22" W 139 18 feet, "Cy- Thence 5 22.48'00" E, parallel with said highway, 243 91 feet, CV Thence 3 88 °39'00" E, mallet with the North margin of South 149th Street, ON 43 30 feet, • Thence S 03 °21'00" W 100 28 feet to the North margin of said street, N Thence S 86'39'00" E along geld North margin 148.61 feet; O Thence N 66.41'00" E 0.59 feat to the point of beginning e-V "^1 • I, • N • At . I • • 9' • • ., P� 1 • • ' -`� e •.. . • r : • • , ni 444 F r • cd