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HomeMy WebLinkAbout1987 - Covenant Driveway Easement and Maintenance Agreement - Caruso / Agoado / Deboer et al - 87071005458707100545 HIED FOR RECORD ICA 11(1.1: A INSURANCE COMPANY 320 108th Ave. N.E. P.O. BOX 1493 Bellevue. WA. 98009 87,07/10 RECD F CASHSL 14.00 CONNON DRIVEWAY EA8®IENT ANO MAINTENANCE AGREEMENT 00545 E r:*$:14.00 oo ,I./ AGREEMENT made this '}+4 day of ¢,. , 1987, by and between D.T. a C., a partnership compoJled of -Herb and Sharon DeBoer, husband and wife, Cavid and Nancy Trueb, 1.1 1410 husband and wife, and Larry and Susan Caruso, husband and wife 4, (hereinafter referred to as "D.T. a C.") and Six Star Limited, cp a partnership. composed of Jamea and Betty Yuasa, husband and C wife, Kenneth R. and Diane Fanning, husband and wife, Jack and Ryriko Hyaahi, husband and wife, Roy Nakagaki and Valerie Nakagaki, husband and wife, and Joseph and Joyce gado, husband and wife (hereinafter referred to as "Six far"). RECITALS: • . 1. D.T. a C. are owners of certain real property legally described as Lot A, City of Tukwila Short Plat No. 86 -62 -SS, recorded under Auditor's rile Number 8612101050, commonly known as 14601 Interurban Avenue South, Tukwila, Waskiington t 981681 and 2. 6ix Stai are owners of certain real propertygleg4Uly described as Lot C, City of Tukwila Short Plat No. 86-62-88, recorded under Auditor's File Number 8612101050, commdnly; known as 14501 Interurban Avenue South, Tukwila, Washinglfon 98168; and • 1. The driveway improvements on the respective properties include a "common driveway easement" as depicted on the attached survey map which is incorpor.ted by this reference as Exhibit A and which encumber the property described in paragraph A above. The common driveway easement is intended to service both the properties described in paragraph A and paragraph B above and is sufficient to accomodate vehicular traffic relating to the use of the re pective properties; and 4. The parties, by this agreement, wish to make provisions for the unobstructo9 use of said respective driveway improvements for ingress and egress and for szintenance of said improvements for their mutual ben,tkt l:'1 7 12631 — 1 — A110 21111 43A130311 NOW, THEREPORE, in consideration of the mutual promises and covenants set forth herein.and the easement herein contained, it is agreed as follows: 1. Grant of Easement. D.T. dC. hereby grants to Six Star a non-exclusive easement of ingress and egress over as much of the property described in paragraph A above as is designated °common driveway easement" on Exhibit A to this Agreement for the use of vehicular traffic used in connection vita the property deecribe;: in Exhibit B. 2. Obstructions. The parties hereto agree not to obstruct, -Wag: or interfere with one another in the ' reasonable use of such driveway improvements for the purpi:se of ingress and egress to and from the respective properties described in Parag_aphs A and B above. 3. Maintenance. The parties hereto agree to maintain their respective driveway improvements in a useable, neat, and uniform manner so that the overall appearance of said driveway improvcments is thi:t of one driveway; and the parties agree to share the cost of maintaining the property described as the common driveway easement on Exhibit A attached hereto. Any extraordinary expenses of repair and rebuilding said drivewau improvensnts shall also be shared equally; except that any damage due to the negligence of any person who uses or has used the driveway improvement pursuant to authority. of either party hereto, in which case the party granting such authority to use shall be.li'able for such damages. 4. Effective Term. This agreement shall be effective in perpetuity and shaft un with the land. 5. Sindin effect. This agre.ment shall be binding upon the parties ereto"'7-their respective heirs, executors, adminis s ators and assigns. IN WITNESS WBBREOr the parties have hereunto set their hands and seals this day and year first written above. !e ert DeBoerr (203) - 2 - STATE OF WASHINGTON COUNTY OF KING ) ) 6S On this (.0 day of , 1987, personally appeared before me Her DeHoer, to me known to be the indivldua d.= rioed above and who acknowledged that he isig d the forego..ng Agreement as hie free and voluntary' ct and deed for the uses and purposes therein mentioned. (101) m" hand and seal th r !O day of ,1987. g No ary P 8 to o siding at Ny Zoom. Ex STATE OP WASHINGTON ) ) ss COUNTY OP KING On this G day of ` , ,e 1987, personally appeared before m- Da irTrueb , to me known to be the individual desc •ed above and whc acknowledged that he ei,.ed the foregoing Agreement as hia free and voluntary act and deed for che.uses and purposes therein mentioned. ive3, under my hand and seal this. day of , 1987. STATE OF WASHINGTON COUNTY OF KING ) ) 88 On this )3 day of , 1987, Caruso, to me known to be the individual described above and who acknowledged that he signed the foregoing Agreement as his free and voluntary act and deed for the uses and purpJses therein Mentioned. to or W residing at My Comm. Exp. es: personally appeared before me Lardy Given under my nand and seal yA is ;1,10 day of n. :.� , 1987. STATE OP WASHINGTON ) ) s8 COUNTY OP KING ) /�, On this :2- day of ( --- , 1987, persor.11ly appeared befor Jane Yuasa, to ae known to be the individual descr above and who acknowledged that he signed the foregoingeement as his fres and voluntary ::ot=ry P • '' n ar or t State of Washington, residing at _5Q�aAd My Comm. Expires: , s z•e- i 203 J - 4 - •- act and •-ed for the uses and purposes therein mentioned. d my hand and seal this , 1987. Not y Pu ate o residing STATE OP WASHINGTON ) My Comm. ) es COUNTY OP KING ) On this .. day of personallya � , 1987,g known tc e thea4rdividual descried aboveet R. are. �e acknowledged that he signed fine foregoing Agreement as his free and voluntary act and deed for the uses and purposes therein mentioned. day of and for the I9to {' ExpTres: %/7 , iven under A. ota Public in and for the Stat of Washington, residing at eaQa.e�,pa)ir, � ? ��'�Ci4A� My Comm. Expires t �� nd and seal this o2` `' day of STATE OP WASH 'yyh ,est COUETB OP KZ • ) On this "day of , 1987, personally op wred before me ac ayes , to me known to be the individual described a ove and who acknowledged that :1e signed tho foregoing Agreement as hie fret'end voluntary aot and deed for the uses and purposes thereinn mentioned. under my hand and seal L.►ie tJ' day of 1997. -r--Q a o ary u c n � or ha State f Washington, residing e ay Comm. 8 ▪ S• 13031 ep .127 919 O V 0 r, STATE OF WASHINGTON ) ) ss COUNTY OF KING, On this day o personally appeared befor be the indivi.ual descri he signed t• foregoing act and d for the us Gi('e u` : - my hand / , 1987. STATE OF WASHINGTON ) � COUNTY OF KING ss ) //' t/ On this . day of personally appeared before co be the ini,ividual descr that he signed the forego voluntary.act and deed fo mentio , 1987, e/Roy ►ty! Nakagaki, to me known abo a and who acknowledged Agreement as his free and :he uses and purposes therein my hand and sea.. 'this 1987. day of tary Public in and for the State of Washiyon residing a My Comm. Expires: / 7-T5' ' 1987, e Jose h Agoado, to me known to above and who acknowledged that eement as his free and voluntary and purposes therein mgntioned. and s!91-6is day of ary ?u 1 its an3�for the tate o wahintn 4e residing a • My Comm. Expires: 0 N go' morgroiv4iL moor tPP*OESTPIAN TRAIL mp 4. e .dlA .d 9 ACT 7 .n' R. • ss.00oo' SCALE a /41/00' IL LOT ®� see v - X12 39 3`. 76�. �' !. Kyo. 460607.1 l SEWER AS=MEt T A.R %fo.609719 4.4119.401. 4407 /Ji1E,/9 ,ori " n 1 i� TYPICAL: HAVE BEER SET.S DRIVEWAY EASEMENT DETAIL sty .10 NOTES= /..me 0/4/4..y. IMPROVEMENTS L/5 WITHIN NYE /O'S4N/TARY SEWER EASEMENT (SEE OETA/L ) E PORE ARE NVENCRO4CM MENTS ON OR K4CATEO PARCELS COMPR/S/NG LOT A. PARCEL (D T e CCLDG.) LRECORDE UNDER AUDITOR'S PILE CITY OP TUKWILA .SHORT Li /O. 56/e O/050. 4DDR65$: /44.0/ WLINT ° AU BA 8 AVENUE . TUCERTIFICATION I, hereby certify that the map hereon is a true and correct cop'• of the survey; and that the demensions shown hc:eon bre correct and that there are no encroeschmete or over laps according to measurements made ✓pvC /7 19 $7. In conformity with tho standards covering registration at portion of.Tracta 4 anti, Block 15 of dillmans's Seattle GOrdib;ltacts as recorded in volume 11 of Plata, page 21, . re- cor4ivof Xing county, Washington more particularly described �o fellows: CONKBNCi$0 at the aoulhwestsrly corner of said Tract 4; !hsnae 100010•35'066 Wet Siong the aouthsastsrly line thereof, '116:34•'feet•TO TUB P01NT OF BEGINNING, thence North 06'19'04° Milt, 207.33 feet; thence North 68'35'06• East, 195.00 feet to the westerly margin of Interurban Avenue (S.R. 1811; thence South 21°24'54' East along said margin, 47.00 feet; thence North 68135'06° East, 10.00 feet; thence South 21624'54° East, still on the west road margin, 153.17 feet: thence South 68'35' 06 Nest along the said South line of Tract 4, 259.00 feet to the POINT OF BEGINNING. there - g ofbasct con aineda iin a Deed recorded Aprilease:abut over the a17..2250,5under Auditor's File No. 4006073. O nSubject to a common driveway easement over a rtion of p northerly 29 feet thereof more particularly described asthe follows: h BEGINNING at Lha northeasterly corner of Lot A: thence South OD 21.24'54" East along the rotZ margin, 29.0 feet; thence South 68'35'06' Nest, 130.0 feet: thence North 21°24'54" west, 19.69 feet; thence along acurve to the left having a radius of 7.50 feet, through a central angle of 67°38'09" an.aro distance of 8.85 feet; thence North 89°03'03° Nest, 6.25 feet to the north- erly line of Lot Al thence North 58615.06° East along said northerly line, 140.43 feet to the POINT OF BEGINNING. SUBJECT TO an easement for sanitary sewer. facilites over the Northeasterly 10 feet of said Lot A as recorded under Auditor's File No. 6097193. t 6 0 qMi • • scALE' PIP/001 1' 46 3 'tt e58;0!"05' \ SR I YPICLL LorAL CORNERS HAVE BEEN SET .v. stave vi \i EASEMrENT DETAIL SEW Af M.A097:9 '.0ierytwAy as A.P NO. 4opi0W! T • NCTES:• /. THERE ARE NO /MPRCVE • MENTS W/TN/N LOT C. 2. TWERE ARE MO E Vat:10 CR' • MEN7$ ON OR ANY VACATED PARCELS COMPRISING COTC. PARCEL (six STAR) LOT C, C/TY OF MAW/LA SHORT PLAT NO. 86-61"S5 RECORDED UNDER e4UD/TORS P/LE NO. 8/Z/0/05O. ADDRESS= 7UK�/LA,T R 4 x/68 AN AVENUE 50. CERTIFICATION Ihereby certtty that the alp hereon is a t1.e and correct copy of the survey; and that the demensions shown hereon are correct and that there are no encroachmet: or ova laps according to'measurements made• In conformity with thb standards covering registration .Trym watts 411/ IAM* U • haS That portion of Moto 6 and 7, Block 15, of NiliMan'e Seattle Carden Tracts, Ss recordsd.in Voluas 11 of Plats, on Page 24, Records of King County, Washington. 10Cfeetthe o grtheallortheasterlytlinne thereof, L8parn ticulaarlyai described as follows: commencing at the Northwesterly corner of said Tract 7; thence North68.35'06• Bast, along the Northerly line thereof, 157.69 feet to theOINT OF to thheelWesterlyhence argin ofiInterurbaNorn ,06' Menne South (3.5. 181)► thanes South 21.24'54' East along said margin, 2feet; thence South 25.51 • 546 West, 225.51feet6to West, hePOINT OF 195.00 Nthence orth21'24NNZNG. TO ETBEn WITH a common driveway easement described as follows: S BEGINNING at the Southeasterly corner of Lot C► thence South 0 21.24'54' East along the road margin, 29.0 feet' thence South 68.35'06• Woat, 130.0 feet; thence North 21624'54' West, 19.69 lifeet; thence along a curve to the left, having a radius of 7.50 feat, through a central angle of 67.38'09", an arc distance of 8.85 Leet; thence Worth 89.03'03• West, 6.25 feet to the North- erly line of Lot Al thence North 68.35'06' East along said Northerly line, 140.43 feet to the POINT OF BEGINNING. SUBJECT TO a temporary conetru.tion easement for a pedestrian trail over that pertion of the lot described as follows: BE'INNNG at the: Northwesterly corner of Lot C; thence North 68'35'v6" East, along the Northerly Line thereof, 195.00 feet; thence South 21.24'54• East, along the road margin, 20.0u feet; thence South 68°35'066 West, 105.00 feet; thence South 28.46'46• West, 117.15 feet to th:: Westerly lot line; thence North 21024'546 West along said Westerly line, 95.00 feet to the POINT OP 9BCIN- NING. SUBJECT TO a permanent trail easement over the following descri- bed parcel; BEGINNING et the Northwesterly corner of Lot C; thence North thenceOSouthst, along 21.24''54°the Ba toalongly theine weed margin195.00 feet; , 10.00 feet; thence South 68.35'06• West. 105.00 feet; thence South 25'13'17,° west. 123,75 feet to the Westerly lot line; thence North 21.24'54• West along said Weoterly line, 95.00 feet to the POINT 0r BEGINNING.