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Home My WebLink About2007 - Easement - Bank of California / Minns et al - 20070206001109Return Address: Union Bank of California, N.A., as Trustee for the Donald F. Minns Trust C/O Johns Monroe Mitsunaga PLLC ATTN: Michael Monroe 1601 — 114th Ave. S.E., Ste. 110 Bellevue, WA 98004 20070206001109 CHICAGO TITLE EAS 37.00 02//05/2007 11006 3:25 KING COUNTY, WA AUDITOR/RECORDER'S INDEXING FORM 7� 20070206001109.001 Document Title(s): Access and Utilities Easement ?( ' , lam{ Reference Number(s) of Documents assigned or released: N/A Grantor(s): Union Bank of California (formerly The Bank of California, N.A.) as Trustee for the Donald F. Minns Trust n Additional names on page of document. Grantee(s): 1. Karnail Johal 2. Saranjeet Singh Shaglani Additional names on page of document. Legal Description: Pin. of Lot 1, Blk. 4, Riverton Acre Tracts, per Plat Rec. in Vol. 11 of Plats, pg. 100, King (abbreviated) County, WA X Additional legal is on pages 2,3 of document. C 4 pry op if o 7 i2 1316 v!) / P? ba Assessor's Property Tax Parcel/Account Number: 7346600115 ACCESS and UTILITIES EASEMENT AGREEMENT THIS ACCESS AND UTIL11'1ES EASEMENT AGREEMENT ("Easement Agreement") is entered into and granted this 23 day of C%►`i%v r , 2007, by and between Union Bank of California, N.A. (formerly, The Bank of California, N.A.), as Trustee of the Donald F. Minns Trust ("Grantor"), and Karnail Johal, a married man as his separate estate and Saranjeet Singh Shaglani, a married man as his separate estate (collectively "Grantee"). REPRESENTATIONS A. Grantor owns the following real property located in King County, Washington, the legal Page 1 of 5 • 20070206001109.002 description of which is: LOT 1, BLOCK 4, RIVERTON ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 100, IN KING COUNTY WASHINGTON; TOGETHER WITH VACATED PORTION OF OLD MILITARY ROAD LYING EASTERLY OF EAST MARGIN OF COUNTY ROAD NO. 1455 ADJOINING SAID PREMISES ON THE WEST; SITUATE IN KING COUNTY, WASHINGTON. (Hereafter referred to as "Grantor's Parcel"). B. Karnali Johal and Saranjeet Singh Shaglani are the owners of the following real property located in King County, Washington, the legal description of which is: THE EAST 155 FEET OF THE SOUTH 90 FEET OF LOT 2, BLOCK 4, RIVERTON ACRE TRACTS, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 100, IN KING COUNTY, WASHINGTON; SITUATE IN KING COUNTY, WA. (Hereafter referred to as "Grantee's Parcel"). C. Grantor initially owned Grantee's Parcel, and as part of the terms of the purchase and sale agreement with Grantee the Grantor agreed to provide a certain easement for access and utilities to Grantee's Parcel, the terms of which are set forth more fully below. NOW, THEREFORE, in consideration of the covenants and agreements as hereinafter set forth and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Grantor and Grantee agree as follows: : 1. Grant of Easement. Grantor does hereby grant, for the benefit of the Grantee's Parcel, a perpetual, nonexclusive easement for access and for utility purposes over, under, across and through a portion of the area of Grantor's Parcel legally described as follows: THAT PORTION OF LOT 1, BLOCK 4, RIVERTON ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 100, IN KING COUNTY WASHINGTON, TOGETHER WITH VACATED PORTION OF OLD MILITARY ROAD LYING EASTERLY OF EAST MARGIN OF COUNTY ROAD NO. 1455 ADJOINING SAID PREMISES ON THE WEST, AND AS DESCRIBED AS FOLLOWS: Page 2 of 5 • 20070206001109.003 THE WEST 20.00 FEET OF THE EAST 95.00 FEET OF SAID LOT 1, BLOCK 4, RIVERTON ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 100, IN KING COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. (Hereafter the area described in this Sections 1 is referred to as the "Easement Area"). 2. Use of Easement Area. This nonexclusive easement shall include all rights in the Easement Area as may be reasonably necessary for vehicular and pedestrian ingress, egress and access to serve Grantee's Parcel, as well as for the installation, repair and maintenance of any utilities to serve Grantee's Parcel. The use of the Easement Area shall be for the benefit of Grantee's Parcel, or any new lots which may be created and located within the boundaries of Grantee's Parcel, but such use may not otherwise be intensified to include or provide access or utilities to serve any additional lots or parcels outside the present boundaries of Grantee's Parcel. 3. Grantor's Reservation of Rights. Grantor reserves the right to also use the Easement Area so long as such use does not materially interfere with the primary purpose of this easement by Grantee for the uses described in Section 2. Grantor also reserves the right to relocate the Easement Area and any then -existing access road improvements or utilities within the Fasement Area, at Grantor's sole expense and in Grantor's sole discretion, at any time so long as: (i) the substitute easement area is functionally equivalent to the subject Easement Area; (ii) Grantee is provided with plans concerning the proposed relocation at least sixty (60) days prior to the commencement of any relocation; (iii) the new access road and new utilities proposed to be relocated are comparable with Grantee's then -existing road and utility improvements located within the Easement Area; (iv) Grantor is responsible for and does obtain all permits associated with relocating the Easement Area; (v) Grantor is responsible for recording the new easement as may be consistent with the relocation work and the terms of this Easement Agreement; and (vi) Grantee shall reasonably cooperate with Grantor concerning any relocation of the Easement Area, including the effective termination of the original easement as may be consistent with the relocation work and the terms of this Easement Agreement. 4. Grantee's Obligations. Prior to or on the date that Grantee begins any construction or development of Grantee's Parcel Grantee shall, at Grantee's sole expense, commence construction of a reasonably attractive, good quality 6-foot high cedar fence which will be located along the eastern boundary of the Easement Area, starting at 135th Street and ending at the southem boundary of Grantee's Parcel. The purpose of this fence is to provide reasonable screening of the Easement Area to benefit Grantor's existing residence located on Grantor's Parcel. The construction of this fence will be diligently prosecuted to completion; shall become the property of Grantor, and shall be maintained by Grantee for a period of 1 year following its completion. Grantee shall reasonably cooperate with Grantor in the event of Grantor's relocation of the Easement Area as set forth in Section 3 of this Easement Agreement. Grantee shall also reasonably maintain the Easement Area and any improvements installed by Grantee therein. Page 3 of 5 • 20070206001109.004 5. Duration. Successors and Assigns. The easement and covenants contained herein shall be perpetual in duration. All terms and conditions provided herein shall run with the land and shall inure to the benefit of, and be binding upon, the successors, assigns, personal representatives or heirs of the parties herein. 6. Indemnity. Grantee, their successors and assigns, hereby agree to indemnify and hold Grantor (including its Trustor, Trustee and Beneficiary), its successors and assigns harmless from any Toss, claim or damage, including attorney's fees and costs, which occurs as the result of the exercise of rights pursuant to this Easement; provided that, Grantor shall not be indemnified or held harmless for any loss, claim or damage to the extent of Grantor's own negligence. 7. Modification. This Easement may not be modified except by a written agreement, executed by the parties and recorded with the King County Department of Records. The failure to require performance of any provision of this Easement shall not limit a parry's right to subsequently enforce the provision. Waiver of any breach of any provision shall not be a waiver of any succeeding breach or waiver of any other provision of this Easement. 8. Enforcement. The terms of this Easement may be enforced by obtaining a court decree specifically enforcing its terms. In the event of a lawsuit in connection with enforcement of this Easement, the prevailing party shall be entitled to an award of reasonable attorneys' fees and costs, including fees and costs on any appeal. IN WITNESS WHEREOF, the parties have caused this Access and Utilities Easement Agreement to be executed on the date indicated above. GRANTOR: Union Bank of California, N.A. (formerly The Bank of California, N.A.) as Trustee for the Donald F. Minns Trust BY: 4o/hr (Name) S 1ARMAN Rom' .tat Its: VICE PRESl0E 3T By: (Name Its: T. MUWNS VICE PRESIDENT Page 4 of 5 GRANTEE: Kamail Johal GRANTEE: Saranjeet Singh Shag r 20070206001109.005 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califomia SS. County of San Francisco On January 23, 2007before me, Stephanie Santiago, Notary Public Oak Name and Td$e of Meer (e.g.. 'Jane Doe. Notary Public" personally appeared Sharman Noguchi and Brian T. Mullins STEPHANIE 8.4.4411AGO Comml&$on1 1499984 Notay Pubic - Collfornb Son Fraicisco County MyCornm.Bolres 4 2PLEJ •4~, WITN S my hand 4i,d official seal. ‹s. Name(s) of Smner(s) personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) • subscribed to the within instrument an acknowledged to me thattt& 41,01-xecuted the same in biseilyeaD authorized capacity(ies), and that y signature(s) an the instrument the person the entity upon behalf of which the person(s) acted, executed the instrument. r• • s '? Place Notary Seal Above c if Notay Pugdi; Vr * ti .5:. OPTIONAL . f; :?..i. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. t', .1:. ▪ Description of Attached Document -,.. 'Title or Type of Document Access and Utilities Easement Agreertr..nt ,,,.<•: F, • Document Date: January 23. 2007 Number of Pages: Signer(s) Other Than Named Above: No other signers. 4 1,0 Capacfty(ies) Claimed by Signer gl Signer's Name: 0 Individual ▪ 0 Corporate Officer — Trtle(s): 0 Partner — 0 Limited 0 General O 0 Attomey in Fact Trustee D Guardian or Conservator Other. Signer Is Representing: Union Bank of California, N.A. . . —r.e0.74 ' . Rec'ecr_. _ a4.• ' "34:*.C. _ 5999 Naaooal Notary Associatoe • 9:150 De Sole Are. P.O. Bat 2402 • Chatmecrle. CA 913t34402 ormaoreamainoteryom Prat No S907 Recedes: Cai Rakes 1.80:4766/2> RIGHT T OF S ME PRINT GNER Top of thumb here STATE OF (16(--' 4 ) ss. COUNTY OFF £ ) I certify that I know or have signed this execute the instrument and acknowle the free and voluntary act of s DATED• party for the ve satisfacto 20070206001109.006 dence that and and on oath stated that they are authorized to as the Trustee of the Donald F. Minns Trust, to be s and purposes mentioned in this instrument. 07. (Print Name) Notary Public Residing at My appointment expires: STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Karnail Johal and Saranjeet Singh Shaglani are the persons who appeared before me, and acknowledge that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as their free and voluntary act for the uses and purposes mentioned in this instrument DATED: 25, Notary Seal x".•A IENA PARKER NOTARY puisuc MTh OF WASHING111N € O :laa#flt EXPIP a APRIL 29, 2C479 �,, (Print Name) Notary Public sea-�hu Residing at , / o� My appointment expires: ' Page 5 of 5