HomeMy WebLinkAbout2019 - Easement Agreement for Building Maintenance, Repair and Replacement - City of Tukwila / Cederlind Real Estate - 20190329000443Instrument Number: 20190329000443 Document:EAS Rec: S111.00 Page-1 of 13
Record Date:3/29/2019 10:56 AM
King County, WA
Return Address:
CITY CLERK
CITY OF TUKWILA
6200 Southcenter Blvd.
Tukwila, WA 98188
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e,orrect-rive-ner
error.
Please print or type information WASHINGTON STATE RECO
EXCISE TAX NOT REQUIRED
King Co Records DI
B
Deputy
ER'S Cover Sheet (RCW 65.04
Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in)
1 Easement for Buliding Maintenance, Repair, and Replacement 2.
3. 4.
Reference Number(s) of Documents assigned or released: Easement established by King County
. Cause No, 81-2-13992-2 (not recorded)
Additional reference #'s on page of document
Grantor(s) Exactly as name(s) appear on document
1. City of Tukwila, a WashingtonNi�recorporation
mini W1
2.
Additional names on page of document.
Grantee(s) Exactly as name(s) appear on document
1..6ederiine Real Estate, L,L.0
2.Ge. Alta
Additional names on page of document.
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
See page 1 of easement for legal descriptions of Burden Property and Benefitted property.
Additional legal is on page 1 of document.
Assessor's Property Tax Parcel/Account Number 0 Assessor Tax # not yet
assigned 004100-0335 and 004100-0070
The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document
to verify the accuracy or completeness of the indexing information provided herein.
"I am signing below and paying an additional 850 recording fee (as provided in RCW 36.18.010 and
referred to as an emergency nonstandard document), because this document does not meet margin and
formatting requirements. Furthermore, I hereby understand that the recording process may cover up or
otherwise obscure some part of the text of the original document as a result of this request."
Signature of Requesting Party
Note to submitter: Do not sign above nor pay additional $50 fee if the document meets margin/formatting requirements
Return Address:
CITY CLERK
CITY OF TUKWILA
6200 Southcenter Blvd.
Tukwila, WA 98188
III 11111 IIIII I1IHilhIII 11 II
20190329000443
EASEMENT Rec: $111.00
3/29/2019 10:56 AM
KING COUNTY, WA
EXCISE TAX NOT REQUIRED
King Cou
Br -
Records Di
Deputy
11
Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet
(RCW 65.04)
Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in)
1. Easement for Building Maintenance, Repair, and Replacement 2.
3. 4.
Reference Number(s) of Documents assigned or released: Easement established by King County
Additional reference #'s on page of document Cause No. 81-2-13992-2 (not recorded)
Grantor(s) Exactly as name(s) appear on document
1 City of Tukwila, a Washington mutual corporation
2.
Additional names on page of document.
Grantee(s) Exactly as name(s) appear on document
1 Cederline Real Estate, L.L.0
2. ,
Additional names on page of document.
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
See page 1 of easement for legal descriptions of Burden Property and Benefitted property.
Additional legal is on page 1 of document.
Assessor's Property Tax Parcel/Account Number 0 Assessor Tax # not yet
assigned 004100-0335 and 004100-0070
The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document
to verify the accuracy or completeness of the indexing information provided herein.
"I am signing below and paying an additional $50 recording fee (as provided in RCW 36.18.010 and
referred to as an emergency nonstandard document), because this document does not meet margin and
formatting requirements. Furthermore, I hereby understand that the recording process may cover up or
otherwise obscure some part of the text of the original document as a result of this request."
Signature of Requesting Party
Note to submitter: Do not sign above nor pay additional $50 fee if the document meets margin/formatting requirements
When recorded return to:
City Clerk
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
EASEMENT AGREEMENT FOR BUILDING MAINTENANCE, REPAIR, AND
REPLACEMENT
This Easement Agreement for Building Maintenance, Repair and Replacement (this "Easement
Agreement") is made this 22,2.°te4- day of March, 2019, by and between City of Tukwila, (the
"Grantor"), and Cederlind Real Estate L.L.C. ("Grantee"). Grantor and Grantee may be referred
to herein individually as a "Party" or collectively as the "Parties."
RECITALS
A. Grantor owns the real property located at 14845 International Boulevard in Tukwila,
Washington, King County Parcel No. 004100-0335(the "Burdened Property"), legally
described as follows:
Lot 30, Block 2, First Addition to Adams Home Tracts, according
to plat recorded in Volume 12 of Plats, Page 50, records of King
County, Washington.
B. Grantee owns abutting real property located at 14828 Military Road South, King County
Parcel No. 004100-0070 (the "Benefitted Property"), and legally described as follows:
Lot 2, and the South 18.6 feet of Lot 3, Block 2, First Addition to
Adams Home Tracts, according to the plat recorded in Volume 12
of plats, page 50, in King County, Washington.
C. The Burdened Property and the Benefited Property may be collectively referred to herein as
the "Properties."
AGREEMENTS
In consideration of the mutual promises of Grantor and Grantee and other consideration, the
receipt and adequacy of which is acknowledged, the Grantor and Grantee agree as follows:
Grant of Easement for Maintenance. Grantor grants, warrants and conveys to Grantee, its
successors and assigns, a permanent, non-exclusive, rent-free easement for building maintenance
1
and repair, and building replacement in the event of accidental destruction, damage or
redevelopment of Grantee's property (the "Easement"), over that portion of Grantor's property
abutting the east margin of the Benefited Property (the `Basement Area"). The Easement Area is
legally described and depicted as set forth in Exhibit A hereto.
1. Maintenance of Easement Area. Grantee shall maintain the Easement Area free
and clear of all obstructions and debris and provide landscaping with ground cover in a manner
consistent with maintenance occurring as of the date of this Easement Agreement at no cost or
expense to Grantor, unless Grantor exercises its right to use the easement as a walkway and for
landscaping according to following Section 2 of this Easement Agreement, and if so,
maintenance of City installed improvements is City responsibility. Grantee is responsible for
repair or replacement of any Grantor improvements installed within the Easement Area that are
damaged or removed during Grantee's use of the Easement Area.
2. Grantor's Use of Easement Area. Grantor may use the property within the
Easement Area, so long as Grantor's use does not interfere with Grantee's use of the Easement
Area. This explicitly includes the right of Grantor to pave the easement area to be used as a
walkway and for landscaping. The finish elevation of the Grantor walkway, if constructed, shall
be a maximum of two inches above the elevation of Grantee's property as measured along the
west margin of the walkway. Grantee may temporarily obstruct Grantor's walkway, if
constructed, for exercise of purposes specified by the Grant of Easement. Grantor shall have free
and unhampered use of all sub -surface areas of the Property within the Easement Area as long as
such use does not unnecessarily interfere with Grantee's use of the Easement Area for the
purposes specified herein.
3. Release of Prior Easement. Upon recording of this Easement Agreement an
existing maintenance easement established by Stipulation and Settlement Agreement dated July
11, 1984, King County Superior Court Cause No. 81-2-13992-2, is rescinded by agreement of
the Parties. The Stipulation referenced herein is attached as Exhibit B to this Easement
Agreement.
4. Reciprocal Representations and Indemnifications. The Parties shall exercise their
respective rights under this Easement in accordance with the requirements of all applicable
statutes, orders, rules and regulations of any public authority having jurisdiction. Each Party
shall indemnify the other Party from and against any and all claims, costs, liabilities, and/or
damages that arise from the exercise of the rights granted in this Easement Agreement by the
Parties, their agents, contractors and permittees to the extent such claims, costs, liabilities and/or
damages are caused by an act or omission of the Parties, their agents, contractors and permittees.
To the extent permitted by RCW 4.24.115 the obligations under this reciprocal indemnity shall
not apply to the extent that any such claims, costs, liabilities and/or damages arise from the
negligence of a Party, or a Party's employees, agents, contractors, tenants, guests and/or invitees.
2
5. General Provisions.
A. Term of Easement. The term of this Easement Agreement shall commence as of
the date of this Easement Agreement and shall remain in effect in perpetuity until
rescinded by mutual agreement of the Parties.
B. Dispute Resolution. If a dispute arises between Grantor and Grantee, the parties
agree that they will attempt to resolve the dispute through mutual negotiation. In the
event that the parties are not able to reach an agreement through such negotiation, the
parties agree to engage in mediation in order to resolve the dispute. Mediation may be
requested by either party or shall be attempted prior to the institution of any lawsuit
arising from this Easement Agreement; provided, however that either party may seek
injunctive or other legal or equitable relief, including specific perfoiuiance, without any
requirement to negotiate or mediate in the event of an emergency or if the other party
fails or refuses to negotiate or mediate the dispute. If the dispute results in a lawsuit, the
substantially prevailing party shall be entitled to and awarded its reasonable attorneys'
fees and costs incurred for the lawsuit, including on appeal and in the collection of any
award. Each party agrees in the event of a lawsuit that damages may be an insufficient
remedy and consents to the imposition of injunctive relief.
C. Covenant Running with the Land. The easements granted, and the covenants and
agreements contained in this Easement Agreement shall be covenants running with the
land and shall be binding upon both the Burdened Property and the Benefited Property
and upon each Party's successors and assigns.
D. General. Time is of the essence. Washington law shall apply.
3
CITY OF TUKWILA
By: A11 an Ekberg
Its: Mayor
STATE OF WASHINGTON
COUNTY OF KING
) ss.
I certify that I know or have satisfactory evidence that `\ 64 , ()A-6'(name of
person) is the person who appeared before me, and said person acknowledged that she) signed this
instrument, on oath stated that e she) was authorized to execute the instrument and acknowledged it as the
krO, a. 5 (type of authority, e.g., officer, trustee, etc.) of the City of Tukwila to be the free
and voluntary act of such party for the uses and purposes mentioned in the instrument.
DATED this 3L day of
p, J Sq 4li,
sop, F,rA
V e ^'
Z
i NV\C' �
i�� 1/T 31,g\g'L��C9
OF W A5 `\`�-.
CEDE�II�AL ESTATE LLC
B e- f e f" rt
I rhv rl(,c (Y 1 5,-/7,4) Re,t i t H
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
,2019.
Name: 3 c ka n r -CL
Notary Public in and for
Washington, residing at
My appointment expires
774,
the state of
tA- v'1 1 LVA
3 —
I certify that 1 know or have satisfactory evidence that James D. Cederlind is the person who appeared
before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was
authorized to execute the instrument and acknowledged it as the Managing Member of Cederlind Real Estate
LLC to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
DATED this 1).._ day of pi ("4-(....k , 2019.
AARON KRIEGER
Notary Public
State of Washington
My Appointment Expires
Apr 21, 2021
4
Name:,, r'✓ I �� r��
Notary Public in and for Ale state of
Washington, residing at V; n,,,,, { ,
My appointment expires A I5—r
MAINTENANCE EASEMENT DESCRIPTION
THE WEST 5 FEET OF THE NORTH 87.8 FEET OF THE FOLLOWING
DESCRIBED PROPERTY;
THAT PORTION OF LOT 28 LYING WEST OF STATE HIGHWAY;
EXCEPT THE NORTH 75 FEET THEREOF;
THE SOUTH 75 FEET OF THE NORTH 150 FEET OF LOT 29;
EXCEPT PORTION THEREOF IN STATE HIGHWAY;
AND THE SOUTH 85 FEET OF THE NORTH 160 FEET OF LOT 30;
ALL IN BLOCK 2, FIRST ADDITION TO ADAMS HOME TRACTS, ACCORDING
TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE 50,
RECORDS OF KING COUNTY, WASHINGTON.
TOGETHER WITH,
THAT PORTION OF LOT 30, BLOCK 2, FIRST ADDITION TO ADAMS HOME
TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF
PLATS, PAGE 50, RECORDS OF KING COUNTY, WASHINGTON;
EXCEPT THE NORTH 160 FEET THEREOF; AND EXCEPT THE SOUTH 5 FEET
OF SAID LOT 30;
AND EXCEPT THE NORTH 5 FEET OF THE SOUTH 10 FEET OF THE WEST
120 FEET OF SAID LOT 30, AS CONVEYED TO KING COUNTY FOR ROAD
PURPOSES BY DEED RECORDED UNDER RECORDING NO. 5633086,
MORE PARTICULARLY DESCRIBED AS FOLLOWS;
SAID EASEMENT CONTAINS AN AREA OF 439 SQUARE FEET, OR 0.0101
ACRE MORE OR LESS.
SITUATE IN THE CITY OF TUKWILA, KING COUNTY, WASHINGTON
EX. A-1
CITY OF TUKWILA
OLIVER Q. ROBAR,
P.L.S. NO. 45170
BRH JOB NO. 2017261.01
NOVEMBER 29TH, 2018
BUSH, ROED & HITCHINGS, INC.
2009 MINOR AVENUE EAST
SEATTLE, WA 98102
(206) 323-4144
0
M
o O
0
- J
0
0
IN THE SW 1/4 OF THE NW 1/4 SEC. 22, TWP. 23 N., RGE. 04 E., W.M.
Oa)
N7 N
0
O
S87'56'56"E
PROPOSED
MAINTENANCE
EASEMENT
?�0DD `� 10
06 HOME 1 g0 15
\ICA12, P G
' -
DEED UNDER
REC. NO. 5633086
N01'09'47"E
5.00'
N88'01'17"W 120.01
N01'09'30"E
0
259.70
rn DO
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0 0
0 O
o rn
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N87'56'56"W 105.48'
WESTERLY
RIGHT OF
WAY MARGIN
N88'01'17"W
8.59'
N01'58'43"E S 150TH STREET
30.00' N88'01'17"W 224.32'
(PUBLICLY DEDICATED RIGHT OF WAY)
/
/
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SCALE: 1"= 50'
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SEC. 22
T23N R4E__ — S88.10'00"E 952.40' -.!
S 152ND STREET
(PUBLICLY DEDICATED RIGHT OF WAY)
MAINTENANCE EASEMENT
CEDERLIND
CITY OF TUKWILA
TUKWILA KING COUNTY WASHINGTON
BUSH, ROED & HITCHINGS, INC.
fes' LAND SURVEYORS & CIVIL ENGINEERS
2009 MINOR AVE. EAST
BRH SEATTLE, Washington
98102-3513
(206) 323-4144
DATE:11/26/18
JOB NO.:2017261.01
EX. A-2
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,JJL 11
8
IN THE SUPERIOR COURT OF THE STATE Of WASHINGTON FOR KAG COUNTY
IRVIN AND DOROTHY CEDERLIND )
HuSband and Wife, d/b/a )
MATADOR APARTMENTS, )
)
Plaintiffs, ) NO. 81-2-13992-2
)
vs ) STIPULATION AND SETTLEMENT
) AGREEMENT ESTABLISHING BOUNDARY
GLEN AND NELA MILLER, Husband ) LINE AND GRANTING MUTUAL EASE -
and Wife; PATRICK AND JACQUELINE ) MENT AND ORDER OF DISMISSAL
DE FEO, Husband and Wife; and )
MYONG SOO and YANG aA KANG, )
Husband and Wife, )
)
Defendants. )
)
THIS MATTER having come on regularly for trial before the
Honorable JUDGE ROSSELLE PEKELIS on the 14th day of June, 1984,
Plaintiffs being represented by CHARLES STIXRUD and Defendants
being represented by EDGAR ROMBAUER and the parties through counsel
in open court having mutually stipulated and agreed that the dif-
ferences as set forth in the pleadings of this cause are settled
according to the following:
STIPULATION AND SETTLEMENT AGREEMENT
(1) PARTIES AND PROPERTIES:
(A) Plaintiffs are the owners of certain improved real
property located in King County, Washington and legally described
as follows:
Lot 2, and the South 18.6 feet of
Lot 3, Block 2, First Addition to
Adams Home Tracts, according to
the plat recorded in Volume 12 of
plats, page 50, in King County,
Washington.
(B) Defendants are the owners of certain improved real
operty located in Seattle, King County, Washington and legally
Stipulation and Settlement Agreement
Establishing Boundary Line and
Granting Mutual Easement and Order
of Dismissal - 1
tti
THE LAW OFFICE OF
r
STIXRUD
4 putLumarom AVL11.
MAMA. WA OWN
PHOseilli4101
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described as follows;
Lot 30, Black 2, FiiTst Addition
to Adams Hoe Tracts, according to
plat recorded in Volume 12 of Plats,
Page 50, records of King County,
Washington.
(C) Adjoining Properties. Plaintiffs' lot and Defendan
lot are adjoining properties along their respectivally Easterly and
Westerly boundary lines for a distance of approximately 85', the
location of which was at dispute in this proceeding.
(2) ESTABLISHINC BOUNDARY LINE. The parties stipulate
and agree to resolve that dispute by establishing the true and
correct boundary line adjoining and separating their respective
properties in accordance with a true and accurate survey performed
by Stepan and Associates on February 3, 1979, referred to in the
parties' Stipulation on file herein and survey map attached to
this Stipulation as Exhibit A, which illustrates the established
boundary line and parties' adjoining properties.
(3) MUTUAL MAINTENANCE EASEMENT. In consideration of such
Stipulation and Agreement establishing the location of such adjoin-
ing boundary line, all parties hereto, both Plaintiffs and Defend-
ants, mutually grant onto each other, their transferees, heirs
and assignees, the following rights of mutual easement:
(A) Maintenance, Repair and Service of Buildings. Each
party grants onto the other the right to go upon each other's
adjoining property strips abutting their existing buildings for
such purposes only of as are necessary to service, maintain and
repair such buildings.
(B) Fences. Noither party shall be permitted to erect
a fence along or near the 85' established boundary line adjoining
the parties' respective properties and such ground shall be left
open for the purposes of maintaining, servicing and repairing the
Stipulation and Settlement Agreement - 2
THE LAW Off ME Of
CHARLES SIURIUD
IZ5WAUh4QI�AYI
UMILIAIMUM
PHOMUNN1
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parties' existing buildings provided that Plaintiffs shall have
the right to maintain the two existing stub fences built at either
end of said common boundary line which are intended to prevent
third persons from traversing across either parties" property, and
that each party hereto shall have a key to the lock on the North
fence gate.
(C) Shrubbery.
Defendants shall keep the existing
shrubbery located on or near the adjoining line trimmed and main-
tained so that it will never become an obstruction to Plaintiffs'
ability to service, maintain and repair Plaintiffs' existing two
storey apartment building, and if such should occur, Plaintiffs
are granted the right to do the necessary trimming.
Based upon the foregoing Stipulation and Settlement Agreement,
the Court makes and enters the following:
ORDER
IT IS ORDERED, ADJUDGED AND DECREED that the parties' Stipula-
tion and Settlement Agreement is hereby approved and adopted as
an Order of the Court, and that this proceeding having been
fully compromised and settled, it is further
ORDERED, ADJUDGED AND DECREED that the above -entitled matter
is hereby dismissed with prejudice and without costs to either
party hereto.
DONE IN OPEN COURT this trILday of July, 1984.
APP.
NO
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4r4APIPIL
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ay, air A 444
Attorn y or De en ants
TRY,
NTA ION WAIVED:
--71A5/4L01.
THE HONORABL AYtiDG ROSSELLE PEKELIS
of,
,31
PRES"A PA;
gi
CH XR00, Attorney for Plaintiffs
Stip. and Settlement Agreement - 3 THE LAW OFFICE OF
and Order of Dismissal
CHARLES STUMM
WAUJNGFORD AVE. N,
SEATTLE, *ATOM
P1.0201 =KWH
EXHIBIT A TO STI1(MATION
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KIP COUNTY. ,NAW•tiNc•TON
JUN 1 5 1934
UPCRIOR couRT
BY LYNN HARKEY
Dr.ury
= Plaintiff/Petitioner
= Defendant/Respondent
ID = For Identification Only -
(Returned to Counsel or Retained by the Court)
AIR = Admitted/Refused
Re -0 & A = Re -offered & Admitted
W = Withdrawn
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= Plaintiff/Petitioner
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STATE
OF WASHINGTON
Coun�cfK�g �8S.
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BARB ^V]NTRS"ior Cou erk
Deputy
k,
STATE OF WASHINGTON} Ss.
County of King
I, BARBARA MINER, Clerk of the Superior Court
of the State of Washington, for the County of King, do hereby certify
that I have compared the foregoing copy with the original instrument as
the same appears on file and of record in my office, and that the same
is a true and perfect transcript of said original and of the Whole thereof
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the
Seal of '.
ca of ' N perior Court at my office at Seattle this
y Y _ • > 4-2(110 20
BBARB A • A / INIA S rior Cou Jerk
Y _�;�,,,.as.
Deputy C
Instrument Number: 20190329000443 Document:EAS Rec: S111.00 Page-2 of 13
Record Date:3/29/2019 10:56 AM King County, WA
When recorded return to:
City Clerk
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
i
EASEMENT Rec: $111.00
5/2/201 9 1:33 PM
KING COUNTY, WA
EASEMENT AGREEMENT FOR BUILDING MAINTENANCE, REPAIR, AND
REPLACEMENT
This Easement Agreement for Building Maintenance, Repair and Replacement (this "Easement
Agreement") is made this day of March, 2019, by and between City of Tukwila, (the
"Grantor"), and Cederlind Real Estate L.L.C. ("Grantee"). Grantor and Grantee may be referred
to herein individually as a "Party" or collectively as the "Parties."
RECITALS
A. Grantor owns the real property located at 14845 International Boulevard in Tukwila,
Washington, King County Parcel No. 004100-0335(the "Burdened Property"), legally
described as follows:
Lot 30, Block 2, First Addition to Adams Home Tracts, according
to plat recorded in Volume 12 of Plats, Page 50, records of King
County, Washington.
B. Grantee owns abutting real property located at 14828 Military Road South, King County
Parcel No. 004100-0070 (the "Benefitted Property"), and legally described as follows:
Lot 2, and the South 18.6 feet of Lot 3, Block 2, First Addition to
Adams Home Tracts, according to the plat recorded in Volume 12
of plats, page 50, in King County, Washington.
C. The Burdened Property and the Benefited Property may be collectively referred to herein as
the "Properties."
AGREEMENTS
In consideration of the mutual promises of Grantor and Grantee and other consideration, the
receipt and adequacy of which is acknowledged, the Grantor and Grantee agree as follows:
Grant of Easement for Maintenance. Grantor grants, warrants and conveys to Grantee, its
successors and assigns, a permanent, non-exclusive, rent-free easement for building maintenance
Instr'urnent *Number: 20190329000443 Document:EAS Rec: S111.00 Page-3 of 13
Record Date:3/29/2019 10:56 AM King County, WA
and repair, and building replacement in the event of accidental destruction, damage or
redevelopment of Grantee's property (the "Easement"), over that portion of Grantor's property
abutting the east margin of the Benefited Property (the "Easement Area"). The Easement Area is
legally described and depicted as set forth in Exhibit A hereto.
1. Maintenance of Easement Area. Grantee shall maintain the Easement Area free
and clear of all obstructions and debris and provide landscaping with ground cover in a manner
consistent with maintenance occurring as of the date of this Easement Agreement at no cost or
expense to Grantor, unless Grantor exercises its right to use the easement as a walkway and for
landscaping according to following Section 2 of this Easement Agreement, and if so,
maintenance of City installed improvements is City responsibility. Grantee is responsible for
repair or replacement of any Grantor improvements installed within the Easement Area that are
damaged or removed during Grantee's use of the Easement Area.
2. Grantor's Use of Easement Area. Grantor may use the property within the
Easement Area, so long as Grantor's use does not interfere with Grantee's use of the Easement
Area. This explicitly includes the right of Grantor to pave the easement area to be used as a
walkway and for landscaping. The finish elevation of the Grantor walkway, if constructed, shall
be a maximum of two inches above the elevation of Grantee's property as measured along the
west margin of the walkway. Grantee may temporarily obstruct Grantor's walkway, if
constructed, for exercise of purposes specified by the Grant of Easement. Grantor shall have free
and unhampered use of all sub -surface areas of the Property within the Easement Area as long as
such use does not unnecessarily interfere with Grantee's use of the Easement Area for the
purposes specified herein.
3. Release of Prior Easement. Upon recording of this Easement Agreement an
existing maintenance easement established by Stipulation and Settlement Agreement dated July
11, 1984, King County Superior Court Cause No. 81-2-13992-2, is rescinded by agreement of
the Parties. The Stipulation referenced herein is attached as Exhibit B to this Easement
Agreement.
4. Reciprocal Representations and Indemnifications. The Parties shall exercise their
respective rights under this Easement in accordance with the requirements of all applicable
statutes, orders, rules and regulations of any public authority having jurisdiction. Each Party
shall indemnify the other Party from and against any and all claims, costs, liabilities, and/or
damages that arise from the exercise of the rights granted in this Easement Agreement by the
Parties, their agents, contractors and permittees to the extent such claims, costs, liabilities and/or
damages are caused by an act or omission of the Parties, their agents, contractors and permittees.
To the extent permitted by RCW 4.24.115 the obligations under this reciprocal indemnity shall
not apply to the extent that any such claims, costs, liabilities and/or damages arise from the
negligence of a Party, or a Party's employees, agents, contractors, tenants, guests and/or invitees.
2
Instrument Number: 20190329000443 Documcnt:EAS Rec: S111.00 Page-4 of 13
Record Date:3/29/2019 10:56 AM King County, WA
5. General Provisions.
A. Term of Easement. The term of this Easement Agreement shall commence as of
the date of this Easement Agreement and shall remain in effect in perpetuity until
rescinded by mutual agreement of the Parties.
B. Dispute Resolution. If a dispute arises between Grantor and Grantee, the parties
agree that they will attempt to resolve the dispute through mutual negotiation. In the
event that the parties are not able to reach an agreement through such negotiation, the
parties agree to engage in mediation in order to resolve the dispute. Mediation may be
requested by either party or shall be attempted prior to the institution of any lawsuit
arising from this Easement Agreement;. provided, however that either party may seek
injunctive or other legal or equitable relief, including specific performance, without any
requirement to negotiate or mediate in the event of an emergency or if the other party
fails or refuses to negotiate or mediate the dispute. If the dispute results in a lawsuit, the
substantially prevailing party shall be entitled to and awarded its reasonable attorneys'
fees and costs incurred for the lawsuit, including on appeal and in the collection of any
award. Each party agrees in the event of a lawsuit that damages may be an insufficient
remedy and consents to the imposition of injunctive relief.
C. Covenant Running with the Land. The easements granted, and the covenants and
agreements contained in this Easement Agreement shall be covenants running with the
land and shall be binding upon both the Burdened Property and the Benefited Property
and upon each Party's successors and assigns.
D. General. Time is of the essence. Washington law shall apply.
3
Instrument Number: 20190329000443 Document:EAS Rec: $111.00 Page-5 of 13
Record Date:3/29/2019 10:56 AM King County, WA
CITY OF TUKWILA
By: " Allan Ekberg
Its: Mayor
STATE OF WASHINGTON )
) ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that El-- (name of
person) is the person who appeared before me, and said person acknowledged that she) signed this
instrument, on oath stated that he she) was authorized to execute the instrument and acknowledged it as the
VA o. y o r (type of authority, e.g., officer, trustee, etc.) of the City of Tukwila to be the free
and voluntary act of such party for the uses and purposes mentioned in the instrument.
DATED this day of
.z 0 J Sq,r h/
`,Szrilis IN? �NA/�'d, y'�r
�P .......„„ )p //
VV\
, 2019.
CEDEIIAL ESTATE LLC
Name: G a.r-a . " S c..s k.o v�
Notary Public in and for the state of
Washington, residing at %o,rk , W l
My appointment expires 3 - . t
d,s-
1s:.2/Avi•-r
I /Yt -r Ce R c l rf a -re_
STATE OF WASHINGTON
) ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that James D. Cederlind is the person who appeared
before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was
authorized to execute the instrument and acknowledged it as the Managing Member of Cederlind Real Estate
LLC to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
DATED this id._ day of l"igv-rc,k , 2019.
- .-�AIlkAllt•
AARON KRIEGER
Notary Public
State of Washington
My Appointment Expires
Apr 21, 2021
- - w -mot" w -mr- v
4
ame: /,r,
Notary Public in and for`the state of
Washington, residing at 1,61
My appointment expires Ar A
Instrument Number: 20190329000443 Document:EAS Rec: S111.00 Page-6 of 13
Record Date:3/29/2019 10:56 AM King County, WA
MAINTENANCE EASEMENT DESCRIPTION
THE WEST 5 FEET OF THE NORTH 87.8 FEET OF THE FOLLOWING
DESCRIBED PROPERTY;
THAT PORTION OF LOT 28 LYING WEST OF STATE HIGHWAY;
EXCEPT THE NORTH 75 FEET THEREOF;
THE SOUTH 75 FEET OF THE NORTH 150 FEET OF LOT 29;
EXCEPT PORTION THEREOF IN STATE HIGHWAY;
AND THE SOUTH 85 FEET OF THE NORTH 160 FEET OF LOT 30;
ALL IN BLOCK 2, FIRST ADDITION TO ADAMS HOME TRACTS, ACCORDING
TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE 50,
RECORDS OF KING COUNTY, WASHINGTON.
TOGETHER WITH,
THAT PORTION OF LOT 30, BLOCK 2, FIRST ADDITION TO ADAMS HOME
TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF
PLATS, PAGE 50, RECORDS OF KING COUNTY, WASHINGTON;
EXCEPT THE NORTH 160 FEET THEREOF; AND EXCEPT THE SOUTH 5 FEET
OF SAID LOT 30;
AND EXCEPT THE NORTH 5 FEET OF THE SOUTH 10 FEET OF THE WEST
120 FEET OF SAID LOT 30, AS CONVEYED TO KING COUNTY FOR ROAD
PURPOSES BY DEED RECORDED UNDER RECORDING NO. 5633086,
MORE PARTICULARLY DESCRIBED AS FOLLOWS;
SAID EASEMENT CONTAINS AN AREA OF 439 SQUARE FEET, OR 0.0101
ACRE MORE OR LESS.
SITUATE IN THE CITY OF TUKWILA, KING COUNTY, WASHINGTON
CITY OF TUKWILA
OLIVER Q. ROBAR,
P.L.S. NO. 45170
BRH JOB NO. 2017261.01
NOVEMBER 29TH, 2018
BUSH, ROED & HITCHINGS, INC.
2009 MINOR AVENUE EAST
SEATTLE, WA 98102
(206) 323-4144
Instrument Number: 20190329000443 Document:EAS Rec: S111.00 Page-7 of 13
Record Date:3/29/2019 10:56 AM King County, WA
0
0
0
N
O
IN THE SW 1/4 OF THE NW 1/4 SEC. 22, TWP. 23 N., RGE. 04 E., W.M.
0j
I
O 0J
NIN
0'-
S87'56'56"E
259.70'
n
N87'56'56"W 105.48'
PROPOSED IN
MAINTENANCE 03
EASEMENT
tn
x.,- 00 ON PCTS W WESTERLY
t7Rs5 HOME p ' WAYI M RGIN
pOP t. 12. P rn
Q
O
DEED UNDER Z
REC. N0. 5633086 �M N
o 0
J -J
N01'09'47"E
5.00'
N88'01'17'W 120.01'
N88'O1'17"W
/8.59'
I`� _ND1'S8'43"E S 1 50TH STREET
- 30.00' N88101'17"W 224,32'
(PUBLICLY DEDICATED RIGHT or WAY)
MON IN CASE
SW COR OF
NW 1/4
SCALE: 1"=50'
/
/
L
SEC. 22
- T23N R4E S8810'00"E 952.40'
S 152ND STREET
(PUBLICLY DEDICATED RIGHT OF WAY)
/
L
MAINTENANCE EASEMENT
CEDERLIND
CITY OF TUKWILA
TUKWILA KING COUNTY WASHINGTON
�.,/4,,, BUSH, ROED & HITCHINGS, INC.
J��"� LAND SURVEYORS & CIVIL ENGINEERS
2009 MINOR AVE. EAST
BRH SEATTLE, Washington
98102-3513
(206) 323-4144
DATE:11/26/18
JOB NO.:2017261.01
EX. A-2
Instrument Number: 20190329000443 Document:EAS Rec: $111.00 Page-8 of 13
Record Date:3/29/2019 10:56 AM King County, WA
=5:
IN THE SUPERIOR COURT OF THE STA
IRVIN AND DOROTHY -cEDERL/ND
Husband and Wife., d/b/a
MATADOR APARTMENTS
•Plaintiffs,
VS
GLEN AND NELA MILLER,. Husband
..and Wife; PATRICK:'AND .JACQUELINE
DE FEO, Husband and Wife; and
'..mxoiip sop and 'YANGA KANG,
'11- Husband and Wife,
14
3.p
-3.6
18
19
20
21
22
.Defendants.
dt; JutirP3. .38
TE 00, .
: WASHINGTON FOR KING COUNTY.
NO: 81-2-13992‘,2
STIPULATION AND.: SETTLEMENT.
AGREEMENT .EGTAErasmiNG :BOUNDARY
LINE ANDGRANTING MUTUAL EASE-
MENT- AND ORDER .OF DISMISSAL
HIS MATTER having come on regularly for trial before the
•"' Honbrabie JUDGE ROSSELLE PEKELIS on the 14th day ;of. June, 1984 „
Plaintiffs being represented by CHARMS STIXRUD and Defendants
'being represented by EDGAR ROMBAUER and .the parties through counsel
in open court having mutually stipulated and agreed that the dif=!.•
ferencss as set forth in the pleadings.of this cause are
according to the following:
STIPULATION AND SETTLEMENT. AGREEMENT
(I) PARTIES A.ND 'PROPERTIES:
(A) Plaintiffs are the owners of certain improijedreai
property located in King County, Washington and legally described
as follows':
operty
Lot 2, and the. South .18..6 feet of
Lot 3, RloCk, 2, 'First .Addition to
Adams Mame. Tractis,,a;COortiling to
the plat recorded in Volume 12 of
plats., page SO, in King County,
Washington.
settle4:
(B) Defendants are the Owners of certain improved.real
located in Seattle, King County Washington, and legal1y-
Stipulation. and Settlement Agreement
,Establishing Boundary Line and
arahting.MUtual Easement and Order
1
loitutwor
—ammuutionmimit
Instrument Number: 20190329000443 Document:EAS Rec: $111.00 Page-9 of 13
Record Date:3/29/2019 10:56 AM King County, WA
deUcritied,-as-, tnlicafaii..
:rat 315,41o.ek:-2.;.i7Oiket---Addition
.3 :... to :Adiiiii.6 .11t5eiTiict00,-:iaccording": to
plat recorded in VOlizeie, 12af 4u*,....
Page, 50, records of 'King • County,' •
Wathiagton'
. .- .
(C) Adiainling'Oropertiee. -Piaintif fe!• .1.45t,_-ail.Defendan
...
. .
• „, „ - —
lot .are...:44jiiiiiing -kopprti.kai,-al.ons,*irii.:Oup04,0041:Sr.--*Lisitu4y:ii4n
..--
Mesterly'l>candiiii..linees• fOr.:•••4 .distanOp-Of:4..piiroxtiiiatelii..7::B-Ithe
,.. .1.
la a4tiori - of:::.t4liich,;i4ae at dispute in7'thia--ProCeeding
(2) -ESTABLISHIBC,130IINDARY.LINE
, 4.1*,,paiiiesi;,sti.Pnletitli
. , i i , . i - • : ,
fid-•.agree-to ..reeiallics• -that dispote-ty,est4iiining?.thO.-t*fie-;,-4ricti,-
... ...., • •
CorriCt2trOundari...1itie adjoiaingi-and',SeOr:ating: their...reSpectik:re
, .
'1:tragarties, in,,accordan8e.•with a true and • 4dCarate. •Se.riey, Eiti*oii*O.11
i • ,
It4P-.Bt.epan and Associates on:::getfrnary- *;.23979 Lii,,,*eipstcl:tct.,:iii.1, t.ii6
. i
.:: - - : • .
:i.i4rit).,41---:04004:a. t*On :.on fl..1#- -1ei4ni.ii.a0.. itiiriiek:.ifitip . attiqtied•-i0.
. .. .. .
t4041•:.P.04?4].at:On ''-as ir1libi4i:•-•i.,)40:".4iii'str4'45 1.-*•.0e:i0b341.
.6.;4riaiii linti-.0d,A34z440406i.44,00#64.4 7i
M, -41(itilAte',1.14AINiiiikiial,L:BANT/4.- In consideration bt,:enth.
gt440tOrt ..zct ?.igeeti*ii, -e40)41404:0,:vtiitin- location ak---,u u*--,adjo4.tir
P
_)4gr.--40nri'dtiiii.ziiite,- :ail hereto,-ipui4nsi-.,ii:intit 7"p i;41.44.06.,g60,%444
:`,
4it,;6,Alii;t441.34,..gr40-043-40,4-4,1**4-f,h044-t**20000'4,Ajo*Vii
: 1 k '
„0(i-40,3444Aogi,..th“dijgy*Oic-400,-04:-1040440,00ti:-
IAj..., .1.4a,int‘tiii.ide:';,;-iiiepaii- .iiiiiii,:ii3iifiae7i6f4uililintiti i.Bach,:1
party grants i:.46„,1.t.jiti:::600i..**--ii..igtit, to go .-.4§4 each ,other's,--
446i0.0440i:g*t71/004i,-40t0*,-*4c4iia414,104kix4ii404-;4,,:
Barlir.P:Oit,POBS- onlyof as are -06P40411-.ta.--er74:44 -*.41#104•':440
. .
repair such • • .,, ..,. • -• ..: _ .. .
. (B): party
i•fen0e Airing or...Sear• the 851.-'estaBlieBed i'?ounci#ii:. 140: iia43ekitil.ng,_.,
''.ei7,,ii-4resI'respective ; pkikt*rti6s ,and such r ground - shall be left
-oiti0j,,,•-to'r.: the purposes of iiiintaiSing4...seriii.e4tig-,nnil--*eiiii.*Itiir...the- -:
AOnetlient
. •
-isetAwc*Seedi,
-emitaiititOrlany,
iltA1114.1114111103
11,140001Ii0111?1
Instrument Number: 20190329000443 Document:EAS Rec: $111.00 Page-10 of 13
Record Date:3/29/2019 10:56 AM King County, WA
i( ,ii. Parties!' existing buildings ,.provided that plaintiffs shall have•
. .
2 ,.:5the. right to maintain, the:, two , existing stub eta, fences built at . either.-;
.,3 -end of saidcommon boundary line which are intended to prevent
4 .;;-.third • persona- from traversing acrose. either .,partiaispropertY.e.„ and '..
v. .-
15i 4 that each ,party hereto shall have a key to the lock- on :the :North
6.; 4. fence gate.
,.:1; ill (0- Shrubbery.-'oeferidants-shill-eapthe*Ciek*.e4
. '
B'
9:,
20!
1121
j.*:
- -shrubbery. lOcated,,on or near :theadjoining:.:.line,-,:trimated-ectid"main-
tained no, that-. it will never become -an ObistructiOn, -to-
• . :
abLity to service,..-. maintain iind.:repitir:.-piaiiitiffii4-eiisting_ two
--storey apartment bui1di.ng ansI i such should occur, Plaintiffs
are .granted. the. right to. .07 the tieCmiestity.-•trimming,..
-'l*i
Based upon the fOregeing.::Stipnietion and- Settienient Agreement
i* , .... • . • • - •
the conrt.'maicea,and. enters t the followings
t$:1 i..
..0.,..D.• E,:.-lt-
4*
• ,,,
lti . • . - ,.. .. ,
t.3.:01,:,,aikci'.1•Settlement .Agreement .sis.'herebifTaPPrOed. and. adopted as • .‘1;!
1:13:i
40...inl Order of. the: dOit*ti- anct.;.tiiiit. thia:t.PriiOeeding.:.-hakting.-heen
1)', 1'!:: . •
*
ftilly.1,00niprottiitied-and,:settlecli.,,.it is -.further
-:.
_. DPOEREci;AnaiiDOE4$7,1)EdIti,E6-tbdi i,6*0046Otit44,044ex
p'1: 4. . . ,.
22 is • iierebk - diiisitiis6ect,,t4ith. prejndice,and.viiihont .aggEs., tb,...filthei...
..1.
OOk#54i00.;,,
g
,i
29 ,, ..:Boick IN OPEN : -COURT 'thin, . .' '"4:1ay,of'..';Tnlyi., 1984;-.
!!i ]:
:,
.ii4P Uj.4 0. ,
THE :HONO 119P4P44E'IW44IS
2k 'LAPP '..
TRY,.
NO
!:•!.liWilli."71.7414V w4 iON,IliziiErti":...
%,; N'.:' tikipstah„
!'.'..7'1,11,1 "A mcp • - l i: • -:''''''"
4k N7 ,... • ,... .
or De ert_ants,,
! :'S
itl,:aqii:f -
;4 iiire
•111,:,i1:-.
:,••::•Attooey•-. or la nt
#
•-$2' ThStip; -.and Settlement Agreement ii 3 ...:n10a-Aiii044‘ ..." 60' •
and 'Order • of ''Binhasar. •.• •
., • 131AMS0104/0-'
..d, .441WialkiPaitaintiC -. • i 1'
... IIIAMICV*Oltak..; .:
. ' . . .!..' W •
xp og)iit.*).,,:mi'40DGpru....24+115 1:*** that :tha.:
Instrument Number: 20190329000443 Document:EAS Rec: $111.00 Page-11 of 13
Record Date:3/29/2019 10:56 AM King County, WA
,c)e
.1.()-r
s.s.„:01.4" AP I ',woos: .see 7114
oili/0,0e1 ar 1
ovroo, -eta Gre-o..7,,,be
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, ",,• 47!",!‘" b;f:.,,, P..... i,**.' vrr
4..4..4:41, ' drao* iii4. I
„.
40.--",•;','.1•4! 40,14,0*.#.0 qv
40,11.4. kvi...i. 'oihibirsome0 MVP'
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Instrument Number: 20190329000443 Document:EAS Rec: $111.00 Page-12 of 13
Record Date:3/29/2019 10:56 AM King County, WA
List.. E4ehibitS
'3op ss ,': Cause No. -
:Depi. No.
NfJ hvi4, :fi Vt/t.
1lrlatkke d + a Gf ::.. vs
DeseriPtion
.1<
isnetriutizz
PagLIMO
lflN�. cONNTY. wvnHruNr a $4.
JUN 15,i984
eu�caios eouAr CLERK
BY IYNN HARKEY
acouir
JUN: 14.1984`.
A
a,.
•
Defend/Pet tj s ern AIR. Admitted/Refused •
pa dent Re•O• A A = Re -offered & Admitted
,For Identification Only. W: = Withdrawn
(Returned to Counselor Retained by theCourt)
Instr•unient Number: 20190329000443 Document:EAS Rec: $111.00 Page-13 of 13
Record Date:S/29/2019 10:56 AM King County, WA
do
I1 Records
ire of W
t efar
orrect copy' 00
rrrd d in out d
Licensing,
s o
it:g: ington racurrent
On this Day of 4/26/2019 at 9:32 AM
STATE OF WASHINGTON
County of King SS.
I, BARBARA MINER, Clerk of the Superior Court
of the State of Washington, for the County of King, do hereby certify
that I have compared the foregoing copy with the original instrument as
the same appears on file and of record in my office, and that the same
is a true and perfect transcript of said original and of the whole thereof
IN TESTIMONY WHEREOF I have hereunto set my hand and affixed the
� 1 of • pe�rioer'►A9at my office at Seatile this
day
da of 20
BARB • IN• . nor Cou Ierk
By R-S
Deputy