HomeMy WebLinkAbout2006 - Easement Agreement - 4501 LLC / Arion Partners / Keeler Properties - 20060911001806Byanch :STK,User :8714 C 01148-12427 Title Officer: Comment: Station Id :GXOR
20060911001806.001
Return Address:
None Lakeridge Development
Address P.O. Box 146
City, State, Zip Renton, RYA 98057
Attention Wayne Jones
f
11
200609110018@6
COMI40NWEALTH L EAS 38.00
PAGii001 OF @07
09/11/2008 14:17
KING COUNTY, WA
CoRfmonweai#h
Document ',tale (s) (or transactions contained therein):
COMMONWEALTH LAMA TITLE
1. Easement Agreement'`
(-
2.
3.
4.
Reference Number (s) of Documents assigned or released:
(on page _ of document (s)
Grantor (s) (Last name first, then lust name and initials)
1. 4501. LLC
2. Arion Partners, LLC
3. Keeler Properties, LLC
4.
5.
Granw. (s) (Lastname first then first name and initials)
1. 4501. LLC Said doetmnent(s) were filed for record by
2. Arion Partners, LLC Commonwealth Land Title 8S accommodation
3. Keeler Properties, LLC only. It has not been examined as to proper
4• execution or as to its effect Upon title.
5.
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
FM of Lot 15, Fostoria Garden Tracts
Additional legal is on page _5_ of document.
Assessor's Property Tax ParceUAccount:2613200045, 2613200042, 2613200055
'flue Auditor/Recorder will rely on the information provided on the form. The staff mitt not read the document to verify accuracy
or completeness ofthe indexing informationproyidedherein.
DEC' 13 2012
CorAMUNiTY
pEiIGLOPwlE-NT
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Document: EAS 2006.0911001806
Branch :STK,User :8714
C
01148-12427 Title Officer: Comment:
Station Id :GXOR
EASEMENT AGREEMENT
20060911001806.002
This Easement Agreement ("Agreement") is made this 8th day of August,
2006, by 4501 LLC, (4501) a Washington Limited Liability Company and
ARION PARTNERS, LLC, (Arion) a Washington Limited Liability Company, and
Keeler Properties, LLC (Keeler) a Washington Limited Liability Company.
RECITALS
A. 4501 is the owner of a parcel of real property designated as
Parcel 1 in the attached Exhibit "A", King County Tax Parcel
No. 2613200045.
B. Arion is the owner of a parcel of real property designated as
Parcel 2 in the attached Exhibit "A" King County Tax Parcel No.
2613200042.
C. Keeler is the owner of Parcel 3 in the attached Exhibit "A" King
County Tax Parcel No. 2613200055
D. Parcel 1 and Parcel 2 and Parcel 3 shall. be collectively referred to
herein as the "The Properties".
E. The parties intend to restrict the Properties herein regarding various
easement areas to preserve the value of the properties for the
benefit of its future owners.
EASEMENT
1. Arion hereby grants a nonexclusive access easement for ingress
and egress and utilities on Parcel 2 in favor of Parcel 1 and Parcel 3 as
shown and further described as "Easement Area" in the attached Exhibits
"B" and "C", including access for installation, repair., replacement, and
maintenance of asphalt, underground utilities and other improvements in
the Easement Area. No structures or physical barriers may be placed
within the Easement Area. The owner of Parcel 1 shall perform all of the
installation, repair, and replacement. work regarding the asphalt and
other improvements including drainage ("Work") done in the Easement Area,
including all restoration_ work to Parcel 2 necessitated by the Work. The
owner of Parcel 1 shall be solely responsible for all of the cost of the
Work. Prior to commencement of the Work, the plans and specifications
for the Work must be approved in writing by the owners of Parcels 1, '2
and 3.
2. The owner of Parcel 1 shall construct the driveway
improvements within the easement area to commercial standards and for one
year from the installation of the improvements within the easement area
Parcel 1 shall be responsible for the maintenance and repair of said
improvements.
Thereafter the Properties shall share equally in the maintenance and
repair of the improvements in the easement area, with the exception that
if one of the Properties is not serviced by an underground utility then
that property shall not share in maintenance of that utility and with the
exception that if the improvements are damaged by negligence or improper
use by one of the Properties then the cost of repair shall be it's sole
responsibility. The owner of Parcel 1 will be responsible for performing
all maintenance and repair in the easement area and will be reimbursed
their pro rata share of the cost by the owners of Parcels 2 and 3_ The
owner of Parcel 1 will not perform any maintenance and repairs to the
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20060911001806.003
easement area that will exceed $1,000.00 in cost without the prior
approval of the owners of p.ircels 2 and 3.
3. The owners of Parcels 1 and 3 shall each reimburse the owner
of Parcel 2 a 5.75% share of the annual property taxes (excluding
buildings and improvements) for Parcel 2.
4. This Agreement shall be binding upon, and inure to the benefit
of, the respective heirs, personal representatives, transferees,
devisees, successors, and assigns of the parties hereto.
5. The parties shall comply with all statutes, ordinances, rules
and regulations of the United States; the State of Washington, and all
political subdivisions of any thereof with jurisdiction over the Easement
Area.
6. Each and all of the covenants, conditions, easements and
restrictions set forth in this Agreement shall run with the land
comprising the Properties and every portion thereof, and shall apply to
and bind the owners and their respective successors -in -interest, for the
benefit of the Properties and any owner thereof. Each and all of the
covenants, conditions, easements and restrictions set forth in this
Agreement shall be enforceable as equitable servitudes and constitute
covenants running with the Properties pursuant to applicable law.
7. In the event of any party's breach or other non-compliance
with any provision of this Agreement, the other party shall have every
remedy available under applicable Washington and Federal law, including
without limitation recovery of court costs, consultants' fees, engineers'
fees, attorneys' fees, and compelling compliance with this Agreement.
6. All notices pursuant to this Agreement shall be in writing.
Notice to any owner shall be considered delivered and effective upon
personal delivery, or three days after deposit in the U.S. Mail,
certified or registered, return -receipt requested, addressed to the
address of such owner as such address may be established by such owner
from time to time by notice to the other owner, or if none, to the
address of record on the County Assessor's tax records.
July 12th�006.
4501 C,(a WaOI ngt n Limited Liability company)
by : Alm Way J �IIs Jr Manager
ARION PARTNERS, LLC (a Washington limited liability company
By: R, Mitchell its Partner
Keeler Properties, LLC (a Washington Limited Liability Company)
By: D�eeler its Partner
KING,WA
Document: EAS 2006.0911001806
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Branch :STK,User :8714
C
01148-12427 Title Officer: Comment:
Station Id :GXOR
ACKNOWLEDGMENTS:
20060911001806.004
STATE OF WA.SITYNGTON )
)as. REPRESENTATIVE ACKNOWLEDGMENT
COUNTY OF KING )
I certifv that I know or have satisfactory evidence that William
Wayne Jones Jr. is the person who appeared before me, and said person
acknowledges that he signed this instrument and an oath stated that he
was authorized to execute the instrument on behalf of 45'01, LLC and
acknowledged it to be his free and vol tary act for the uses and
purposes mentioned in this instrument. (}
1 r(�Jt
DATED: l� U V.a �t�'� Irr .•�jU�C C�✓
Ii Print Name: 3U_. 1�{u�_
NOTARY PUBLIC for the State of
y' OTa' Q Washir}gton, residing at
►6 RY
A=; A(J$� C , My appoiiiiment expires: FJ o
A'
op
STATE OF WASHINGTOrrwAC�`,',`���
rrr�
)as REPRESENTATIVE ACKNOWLEDGMENT
COUNTY OF KING )
I certify that I know or have satisfactory evidence that David
Keeler is the person who appeared before me, and said person acknowledges
that he signed this instrument and on oath stated that he was authorized
to execute the instrument on behalf of Keeler properties, LLC and
acknowledged it to be his free and voluntary act for the uses and
purposes mentioned in this instrument.
DATED:
QDN int Name
�z'� 1AP OVARY PUBLIC for the State of
�=�=�a6hington, residing at
�; _
y appointment expires
rr�i��OPWI`
STATE OF WASHINGTON )
as. REPRESENTATIVE ACKNOWLEDGEMENT
COUNTY OF KING )
I certify that I know or have satisfactory evidence that David R.
t4itehell is the person who appeared before me, and said person
acknowledges that he signed this instrument and on oath stated that he
was authorized to execute the instrument on behalf of Arion Partners, LLC
and acknowledged it to be his free and voluntary ct for the uses and
purpos menti ned i this.instrument i
DATED:
Yp `r Print Name:
"SON' �r
�:. iNOTARY PUBL C for the State of
�Iashington, residing at
C.i
e_'at .my appoi tment expires:
rr, ?•�D-% •�
tit FWA 0
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Document: EAS 2006.0911001806
Branch :STK,User :8714 0 01148-12427 Title Officer: Comment:
EXHIBIT "A"
DESCRIPTION OF PROPERTIES
Parcel 1• King County Tax Parcel No. 2613200045
Station Id :GXOR
20060911001806.006
The Northwesterly 52.75 feet of the Southeasterly 145 feet of Lot 15,
Fostoria Garden Tracts, according to the Plat thereof recorded in Volume
9 of Plats, Page 95, in King County, Washington. Except the Northeasterly
282.12 feet thereof: Together with the Northwesterly 127.25 feet in width
of said Lot 15: Except the Southeasterly 30 feet in width of the
Northeasterly 282.12 feet of said Northwesterly 127.25 feet in width.
Parcel 2• King County Tax Parcel No. 2613200042
Portion of Lots 14 and 15 Fostoria Garden Tracts, according to the Plat
thereof recorded in Volume 9 of Plats, Page 95, in King County.
Washington.
Beginning at the Northeasterly Corner of Tract 15, Fostoria Garden
Tracts, Thence South 48°15'03" East 90.94 feet; Thence South 41'44157"
West 272.12 feet; Thence North 48015,03" .West 183.19 feet; Thence South
41144157" West 10 feet; Thence North 48,15103" West 82.75 feet; Thence
North 41*44.571 East 282.12 feet; Thence South 48'15'03" East 30 feet;
Thence South 41'44'57" West 119 feet; Thence South 48°15.03"-00 East 130
feet; Thence North 41*44157" East 119 feet; Thence South 48*15.03" East
15 feet to the point of beginning.
Parcel 3: King County Tax Parcel No. 2613200055
Parcel A:
Southeasterly 92.25 feet in width of Lot 15; except the Northeasterly
272.12 feet in width thereof,.of Fostoria Garden Tracts, according to the
Plat thereof recorded in Volume 9 of Plats, Page 95, in King County,
Washington.
Parcel B:
That portion of Tract 14 of Fostoria Garden Tracts, according to the Plat
thereof recorded in Volume 9 of Plats, Page. 95, in King County,
Washington, described as follows.
Beginning at the most Northerly corner of said Tract 14; Thence
Southwesterly along Northwesterly boundary of said Tract 14, a distance
of 494.52 feet to the southwest corner of said Tract which point is also
the North line of 135"' Street (also known as Foster Street); Thence
southeasterly along said margin of county road, 95.38 feet; Thence
Northeasterly along the line parallel with said Northwesterly boundary of
said Tract, 472.12 feet to the Northeasterly boundary of said Tract;
Thence Northwesterly along said Northeasterly boundary, 90.24 feet to the
point of beginning; Except therefrom the Northeast 272.12 feet thereof;
and except that portion thereof lying within South 135th Street; (also
known as MacAdam Street).
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Document: EAS 2006.0911001806
Branch :STK,User :8714 C 01148-12427 Title Officer: Comment: Station Id :GXOR
South 1 34th Street
KING, WA
Document: EAS 2006.0911001806
EXHIBIT B
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20060911001806.007
EXHIBIT "C"
nESCRIPTIOU OF EASEMENT AREA
portion of Lot 15 Fostoria Garden Tracts, according to the Plat thereof recorded
in Volume 9 of Plats, Page 95, in King County, Washington.
Beginning at the Northeasterly Corner of Tract 15, Fostoria Garden Tracts,
Thence North 48115'03" West 175 feet along the Southerly margin of South 134te
Street to the true point of beginning; Thence South 41144157" West 282.12 feet!
Thence South 48'15'03" East 82.75 feet; -Thence North 41°44'57" East 30 feet;
Thence North 48`15'03" West 52.75 feet; Thence North 41°44'57" Nast 252.12 feet
to the Southerly margin of South 134t° Street; Thence North 48°15103" West 30
feet along the Southerly margin of South 134t' street to the point of beginning.
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Document: EAS 2006.0911001806