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HomeMy WebLinkAbout1987 - Easement - Kato Tom / Kato Katie - 8708270390'IEU {lt„ SAY EASEMENT RE-ECD F I 0 0 �UG 2 7 9 For Ingress, Egress and Utilities) ��R'SHS 1 =i ,T-HfS ASEMENT Is made between TOM KATO AND KATIE KATO (a/k /a KAZUE KIATIE'kAfO (hereinafter referred to as "the Grantor and MICHIO KATO AND HISAKO KATO (hereinafter referred to as "the Grantee The following recitals are a material part of this Instrument: A. The Grantor is the owner of a tract of land described as follows and hereafter referred to as "Parcel i That portion of tract 11, Interurban Addition to Seattle, Q according to plat thereof, recorded in Volume 10 of Plats, page 55, Q1 records of King County, Washington, described as follows: Beginning at the Southeast corner of said tract 11, thence South 89 52' West along the Southerly line thereof 300.86 feet, thence North 0 0 80' West 124.53 feet, thence North 89 East 141.65 Q feet, thence North 0°80' West 38.26 feet, thence North 89 East 159.21 feet to a point on the Easterly line thereof which Is 162.79 feet North of the point of beginning, thence South 0 East 162.79 feet along the Easterly line of said tract 162.79 feet to the point of beginning. LESS the Easterly 6 feet thereof previously conveyed to the City of Tukwila by Deed recorded under king County Auditors file No. 8102100335 B. The Grantee Is the owner of a tract of land described as follows and hereafter referred to as "Parcel 2 That port- i °en_of West 150 feet of the East 450.86 feet of the Tract 11,/Interurban Addition to the City of Seattle according to the plat recorded In Volume 10 of Plats, page 55, In King County, Washington described as follows: Q LLJ Beginning at the Southeast corner of the West 150 feet of the EC- o East 450.86 feet of said Tract 11, thence N01 21 40 11 E along the East Cx c line thereof 124.53 feet, thence N65 0 52 1 04 "W along a line parallel t.tl:s to the centerline of Southcenter Boulevard (Renton Three Tree Point Road) 162.68 feet to the West line of the East 450.86 feet of Tract 11, thence S01 21'40 "W 165.17 feet to the Northerly _1 said Margin of PSM No. 1 as conveyed by deed under Auditors File No. 5473599, thence S69 0 17'02 "W along said highway margin 66.33 feet to Intersect the South line of said Tract 11, thence S88 °24'47 "E along said south line 87.42 feet to the Point of Beginning. C. The Grantor wishes to grant and the Grantee wishes to receive an easement over, under and across that part of Parcel 1 described as follows and hereafter referred to as the "Easement Premises An Easement twenty -two (22) feet In width located on that portion of Parcel 1 as shown on the Drawing attached hereto as "Exhibit A" which Is by this reference Incorporated herein as if fully set forth herein. 1 It is understood and agreed that due to time and money constraints a meets and bounds legal description of the Easement Premises has not been prepared, but that the drawing attached as Exhibit A adequately describes the Easement Premises and Is sufficient to enable an engineer to prepare a meets and bounds description If necessary. A further clarification of the Intent of the parties as to the exact location of the Easement Premises Is that the Easement Premises are twenty -two (22) feet in width; that the northerly boundary of the Easement Premises is a line which begins at the northwest corner of Parcel 1 and proceeds easterly from that point along the northerly property line of Parcel i (described as N88 47 1 W 141.65 and thence continues along the Imaginary extension of that northerly property line to It's intersection with 62nd Ave. South, a public street; and the southerly boundary of the easement Is a line located twenty -two (22) feet to the south of and parallel with the above described line. D. Parcel 1 is presently, as of the date of the granting of this easement, improved with a residential building. Parcel 2 Is presently unimproved. Both parcels applied for and have been granted a zoning change by the City of Tukwila allowing professional offices and other uses as allowed In the applicable zoning. As a requirement of the re- zoning process the Planning Department of the City of Tukwila has requested Grantor to Grant a 22 foot easement to Parcel 2, with a curb cut at 62nd Ave. South In the location shown, to provide for access from Parcel 2 to 62nd Ave. South. They have also Indicated they will be willing to consider a future change In location of the easement upon request of the parties showing specific development plans. NOW THEREFORE, In consideration of Ten Dollars ($10.00) and other O good and valuable consideration, the receipt and sufficiency of which are IN- hereby acknowledged, the following grants, agreements and covenants and restrictions are made: 1. GRANT OF EASEMENT. The Granter hereby grants and conveys to the Grantee and It's heirs, successors and assigns, as an easement benefiting and appurtenant to Parcel 2, a perpetual non exclusive Easement for Ingress and egress and underground utilities over, under and across the Easement Premises. 2. USE OF EASEMENT PREMISES. The use of the Easement by Parcel 2 shall be non exclusive and shall be for Ingress and egress to Parcel 2 from 62nd Ave South, the public street adjacent to Parcel 1, and for the Installation and maintenance of pipes, conduits, and wires In and under the easement premises for utility access. The use of the Easement Premises Is not confined to present uses of Parcel 2, or the present means of transportation. All rights shall be subject to the right of any existing utility easements located within the Easement Premises, if any. Exclusive use of the Easement Premises is not hereby granted. F The right to use the Easement Premises for Ingress, egress and utilities is expressly reserved by the Grantor and It's heirs and assigns and to any further Grantees of the Grantor, Its heirs and assigns. In addition, the Grantor reserves the right to make or grant to others any other uses on, over, in or under the Easement Premises that do not unreasonably Interfere with Grantee's use of the Easement Premises. 3. EXISTING RESIDENTIAL USE ON PARCEL 1. It appears to the parties that the location of the Easement Premises does not encroach on the existing residential building which Is presently, at the time of the grant of this easement, located on Parcel 1, but the parties are not fully assured of this at the present time without obtaining a survey. Therefore, so long as the existing residence is located on Parcel 1, no Improvements shall be made to the Easement Premises which encroach on that residential building. If the Easement Premises are desired to be Improved and this would cause such an encroachment, the owners of Parcel i agree to cooperate with any minor boundary adjustment to the Easement Premises which would be 0 necessary In order to Improve same without encroaching on the residential G� use. In such event Grantor and Grantee and their heirs, successors or assigns agree to deliver and record an amendment to this easement grant In recordable form granting the revised easement location to the grantee and containing an appropriate release of the prior location. 4. ADDITIONS TO AND DIVISION OF DOMINANT TENEMENT. The easement granted hereby is also appurtenant to any land that may hereafter come Into common ownership with Parcel 2 aforesaid and that Is contiguous to Parcel 2. If Parcel 2 Is hereafter divided by separation of ownership or by lease, such divided parts shall enjoy the benefit of the easement hereby created, and such shall not be deemed an unlawful Increase of burden or use of the easement. 5. PARKING. Grantee for Itself and It's heirs, successors and assigns covenant that they shall not park vehicles on the Easement Premises. 6. IMPROVEMENTS TO EASEMENT. Grantee and Grantor each reserve the right at their own cost to make Improvements the Easement Premises, which Improvements shall not be Inconsistent with the grants and covenants contained herein, and which may Include but are not necessarily limited to concrete or asphalt roadway surfaces, sidewalks, curb cuts, underground utilities and landscaping, all to be built to applicable governmental standards. Both Grantor and Grantee and their heirs and assigns agree to notify the other party of any proposed improvement to the Easement Premises at least 30 days prior to the improvement, by mailing to the other a drawing showing same, which shall be addressed to the last known address of the other, and with a copy to the address of the Parcel, if any, both postage prepaid. 3 Grantee and Grantor and their heirs, successors and assigns both agree to share the cost of and Jointly maintain In good condition and repair the commonly used Improvements to the Easement Premises which may Include the paving, sidewalks, landscaping, common private traffic signage and common utilities serving both premises; Provided, however, that should either Parcel 1 or 2 develop prior to the other, the undeveloped parcel shall not In any event be required to participate In maintenance and repair or the costs thereof until It develops. Each parcel agrees pay the cost of and at all times maintain In good condition and repair their own separate Improvements and utilities on the Easement Premises. If Parcel i should develop prior to Parcel 2, it will Improve the Easement Premises, if at all, In such a manner as will allow In the future within the easement premises a two -way access driveway meeting applicable government standards and the requirements of this easement. If Parcel 2 should develop the Easement Premises first, It Is understood that Parcel 1 may thereafter, as a part of any development of Parcel 1, make curb cuts to any driveway and make other modifications and Improvements conforming with applicable governmental standards In development of the Parcel all of which shall be done In such a manner meeting the requirements of this easement and which do not unreasonably Interfere with the access driveway to Parcel 2. 7. WARRANTIES OF TITLE. Grantor warrants that It has fee simple title to the easement premises, subJect to easements, encumbrances, restrictions, covenants, conditions and reservations of record as of the Q date of the granting of this easement. 8. ARBITRATION. If any dispute, controversy or claim should arise out of or relate to this Easement or the breach hereof regarding any of the following matters: a. The exact Location of the Easement Premises; b. Maintenance or repair of the Easement or improvements thereto and allocation or payment of the costs thereof; c. Improvements to the Easement Premises, Including but not limited to location, type or extent of Improvements; d. Type or extent of Use of the Easement Premises; then, In such event, It Is hereby agreed that the dispute shall be settled In accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. The arbitrators decision shall be final and binding and Judgement and Judgement upon the award rendered by the Arbitrators may be entered In any court having Jurisdiction thereof. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrators award or falls to comply with the arbitrators award, the other party Is entitled to cost of suit including reasonable attorneys fees for having to compel arbitration or defend or enforce the award. All other disputes, controversies or claims arising out of or relating to this Easement or the breach hereof need not be settled by arbitration unless the parties agree to same. 9. ATTORNEY'S FEES. Either party may enforce this Instrument and 4 4 the prevailing require, shall attorney's fee. is party in arbitration or litigation as the case may be or be entitled to recover as part of It's costs a reasonable 10. RUNNING OF BENEFITS AND BURDENS. All provisions of this Instrument, including the benefits and burdens, run with the land and are binding upon and Inure to the heirs, assigns, successors, tenants and personal representatives of the parties hereto. O E7Z O Gib O 11. TERMINATION OF COVENANT LIABILITY. Whenever a transfer of ownership of either parcel takes place, liability of the transferor for breach of covenant occurring after the transfer automatically terminates, except that the Grantor herein remains responsible for breach of covenants of title set forth In Paragraph 7. 12. CONSTRUCTION. The rule of strict construction does not apply to this grant. This grant shall be given a reasonable construction so that the Intention of the parties to confer an easement with commercially usable rights of reasonable enjoyment for both parcels on the terms provided herein is carried out. This Instrument shall be construed and enforced according to the laws of the State of Washington. 14. RELEASE OR RELOCATION OF EASEMENT. Grantor and Grantee and their heirs, successors and assigns reserve the right to relocate or to terminate this Easement at any time by mutual agreement to be evidenced by written agreement of the parties In recordable form. Provided, however, that due to the fact that this Easement was required by the Planning Department of City of Tukwila, a Washington municipal corporation, In connection with the a re- zoning request to the City. It is understood and agreed by the parties that the City Is lnterrested In access and the location of the place of intersection of the Easement with 62nd Ave. South, and the location of that curb cut shall not be significantly changed and/or the Easement Itself shall not be terminated, without the prior written approval of the City, which approval may be given by an administrative official of the City, without the necessity of legislative consent or approval. IN WITNESS►4HEREOF the parties have hereunto set their hands and seals this -C2J day of LU 1987. GRANTORS BY: Tom Kato BY: "`7 Katie Kato /(a Kazu6 Katie Kato), his spouse 5 e C�2 G>n GRANTEE: BY: Michlo Kato BY. k� Hisako Kato, his spouse STATE OF WASHINGTON as. COUNTY OF KING 2 s On this 3f day of A.D. 19 7 before me the undersigned, a notary public In and or the State Washington, duly comm)ssloned,aQd quailfl personally appeared Orn Q�� and i� C�2aP /�'40 to me know to be the Individual S' described In and who executed the within and foregoing Instruipn,t, and acknowledged to me that signed and sealed the same as free and voluntary act and deed, or the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have he nto se my hand a affi my official seal, the day and year rat above ritten Notan} Vfc In and for the Stat of Washington, residing at T4' 4" f� Appointment Expires: 7119/9e7 STATE OF WASHINGTON as. COUNTY OF KING On this day of �-1 A.D. 19 before me the undersigned, a notary public in and fair the State of Washington duly comm issio and qua I I f I ed, personally appeared_--.,ae2 t ;Z Gw� f�1,s� rF'ce �o to me know to be the Individual-5 described In and who execute q the within and foregoing me Instr nu, and acknowledged to me that signed and sealed the same as <,-4A free and voluntary act and deed, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have her o set my hand and affixed my official seal, the day and year rat4ave wrltten. N lic in and for the State of Washington, residing at rui�a. Appointment Expires: C-1 Easement For Ingress Egress Utilities)