HomeMy WebLinkAbout1979 - Easement and Maintenance Agreement - 60-61 Southcenter Associates / HMH Logging - 79021414027902141402
EASEMENT AND MAINTENANCE AGREEMENT
IN CONSIDERATION of the mutual covenants contained herein, the
agreement of the parties hereto to effect a boundary line adjustment
and in partial fulfillment of the terms of Paragraph 17 of that
certain Partnership and Trust Agreement of Sixty- Sixty -One South
center Associates dated September, 1978, the undersigned parties
quitclaim, warrant, convey, grant and assume easements and other
obligations as follows:
1. Entrance Easement: H.M.H. Logging, acting as nominee for
an undisclosed principal, herein referred to as HMH, hereby grants,
warrants and conveys to Ervin W. Steinle and Phyllis Jo Steinle,
husband and wife; Gary W. Scott and Susan J. Scott, husband and
C\1 wife, and D. Bruce Morgan and Barbara Jean Morgan, husband and wife,
CD herein referred to as "SMS a perpetual, mutual and non exclusive
�t easement for ingress and egress, over and across the following strip
of land:
"Easement (a)"
O'`
t� That portion of Tract 12, of Interurban Addition
to Seattle, according to plat thereof recorded in
Volume 10 of plats, page 55, records of King County,
Washington, included within the limits of a strip of
land 20 feet in width, the centerline of which is
described as follows:
Commencing at a point on the north fine of said
Tract 12 which is north 88 0 24 1 47" west 78.40 feet from
the northeast corner thereof; thence south 24 1 07'58"
west 19.94 feet to the Point of Beginning; thence south
65 0 52 1 02" east 64.39 feet; thence south.88 1 38 1 20" east
26.74 feet to a point on the east line of said Tract 12
which is south 1 °21'40" west 43.00 feet from nhe
Northeast corner thereof and the terminus of said
centerline description.
herein sometimes referred to as "entrance easement."
2. Exit Easement. HMH hereby grants, warrants and conveys
to "SMS a perpetual, mutual and non exclusive easement for
ingress and egress over and across the following strip of land:
"Easement (b)
That portion of Tracts 12 and 15, Interurban
Addition to Seattle, according to plat thereof recorded
in Volume 10 of plats, page 55, records of King County,
Washington, and of vacated 62nd Avenue South, included
within the limits of a strip of land 20 feet in width,
the centerline of which is described as follows:
Commencing at a point on the north line of said
Tract 12 which is north 88 0 24 1 47" west 78.40 feet from
r r ��-k rr •;fir
the northeast corner thereof; thence south 24 °07'58"
went 85.94 feet to the Point of Beginning; thence south
65 1 52 1 02" east 103.75 feet; thence south 1 °21'40" west
31.45 feet; thence south 59 °36'49" East 81.96 feet;
thence south 88 0 38 1 20" east 98.57 feet to the west line
of 62nd Avenue South as conveyed to the State of Wash-
ington by deed recorded under Auditor's File No. 5534286
and the terminus of said centerline description.
herein sometimes referred to as. "exit easement."
3. Utilities Easements: HMH hereby grants, warrants and
conveys to "SMS" non exclusive easements to install, maintain,
repair and service utilities including water, electricity, tele-
communications and cable equipment, natural gas, sanitary and storm
drainage, storm water retention facilities and other utilities as
may from time to time be deemed necessary or desirable to service
the dominate estate, as described below within the following strips
of land:
(a) Northerly Easement:
"Easement (c)"
Cr'
NJ That portion of the north 40 feet of Tract 12,
T Interurban Addition to Seattle, according to plat
thereof recorded in Volume 10 of plats, page 55,
records of King County, Washington, lying easterly
of a line described as follows:
Beginning at a point on the north line of said
Tract 12, which is north 88 °24'47" west 78.40 feet
from the northeast corner thereof; thence South
24 °07 west 44.0 feet to the terminus of said
line description.
(b) Southerly Easement:
"Easement (d)"
The southerly 15 feet of Parcel B more fully
described on Exibit B hereto.
The parties agree that upon request by either party, easements
describing strips of land extending 5.00 feet southerly and 5.00
feet northerly from each utility and appurtenances thereto as
actually installed may be substituted for the general descriptions
of easement location and the general descriptions set forth above
shall be so modified to include only the areas within these specific
easement strips.
4. Rights Reserved: HMH reserves the right to use each of
the easement parcels described in common with SMS for the benefit of
the servient estate described below, provided that this reserved
right shall not be exercised so as to unreasonably interfere with
the right to necessary and convenient ingress and egress consistent
with the lawful uses as may be established from time to time on the
dominate estate. It is presently contemplated that the easement
described in Paragraph 1 above shall be utilized primarily for
ingress to and the easement described in Paragraph 2 above for
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egress from the dominate estate. The parties agree to cooperate in
establishing and enforcing traffic flow regulations and signing as
may be deemed mutually reasonable and desirable from time to time
which shall not be deemed to be an unreasonable interference with
any rights created or reserved herein.
5. Construction and Maintenance Covenants: The parties agree
to each pay an equitable share of all construction and maintenance
costs for all roadway or utility improvements within the easement
areas which benefit both the dominate and servient estates. Each of
the parties agree to pay the entire cost of any roadway or utility
improvements which benefit only their own respective property. The
parties agree to cooperate whenever feasible to share the use of any
utility improvements and specifically agree to grant reciprocal
rights of use thereof based on an equitable contribution toward
costs of installation, use and repair.
6. Identification of Dominate and Servient Estates: All
warranties, grants and covenants of HMH contained in this agreement
N shall be deemed both personal covenants of its undisclosed principal
D and covenants running with the servient estate more fully described
as follows:
I<r
PARCEL B
C
Q� That portion of Tracts 12 and 15 and vacated 62nd Avenue
r" South, Interurban Addition to Seattle, according to plat
thereof recorded in Volume 10 of Plats, page 55, records
of King County, Washington, lying northerly of the
northerly margin of SR 405 (PSH NO. 1 RE) as delineated
on that certain Washington State Highway Commission
right -of -way drawing SR 5 (PSH NO. 1), SOUTH 178th ST.
TO SOUTH 126th ST., sheet 6 of 21 sheets, bearing date
of approval January 30, 1962; and lying southerly and
westerly of the southerly and westerly margin of the
62nd Avenue South Connection as delineated on said
sheet 6 and conveyed to the State of Washington by deed
recorded under Auditor's File No. 5534286, and more
fully described as follows:
Beginning at the northeast corner of said Tract 12,
thence north 88 °24 west 78.40 feet along the north
line of Tract 12, thence south 24 0 07 1 58" west 115.94
feet to a point on said northerly margin, thence south
65 0 52 1 02" east 161.58 feet to a point on said northerly
margin opposite Highway Engineers Station 170 00,
thence south 51 0 49'52" east 160.53 feet along said
northerly margin to the intersection with the westerly
margin of the 62nd Avenue South Connection, thence north
1 0 21 1 40" east 204.70 feet along said westerly margin,
thence north 88 °24 west 154.24 feet along the south-
erly margin of the 62nd Avenue South Connection, to the
point of intersection with the west line of said Tract 12,
thence north 1 0 21'40" east along the west line of Tract 12
60.00 feet to the northeast corner of Tract 12 and the
true point of beginning.
3
All warranties and covenants
SMS shall inure to the benefit of
to the dominant estate, more fully
PARCEL A
of HMH and all easements granted
and shall be deemed appurtenant
described as follows:
That portion of Tract 12, Interurban Addition to Seattle,
according to plat thereof recorded in Volume 10 of
Plats, page 55, records of King County, Washington,
lying northerly of the northerly margin of SR 405 (PSH
NO. 1 RE) as delineated on that certain Washington State
Highway Commission right -of -way drawing SR 5 (PSH NO. 1),
SOUTH 178th ST. TO SOUTH 126th ST., sheet 6 of 21 sheets,
bearing date of approval January 30, 1962; and more
fully described as follows:
Beginning at a point on the north line of said Tract 12
which is north 88 °24'47" west 78.40 feet from the north-
east corner thereof; thence south 24 0 07 1 58" west 115.94
feet to a point on said northerly margin, thence north
N 65 0 52 1 02" west 238.42 feet along said northerly margin
CD to a point opposite Highway Engineers Station 166 00
d on said northerly margin, thence north 69 °17'01" west
1Q_ 47.79 feet along said northerly margin to the point of
intersection with the north line of said Tract 12,
N thence south 88 °24 east 309.81 feet along said north
line to the true point of beginning.
All covenants of SMS shall be deemed both personal covenants
and covenants running with the dominant estate as described above
and shall be deemed appurtenant to the servient estate as described
above.
7. Enforcement; No Merger: Any party to this agreement,
including the heirs, successors and assigns of any party, may
enforce the terms of this agreement against any other party, his
heirs, successors and assigns. This agreement and any rights and
obligations created hereby shall survive any merger of the fee
title to all or any portion of the dominant estate or servient
estate, unless a clear and specific intent to merge, supersede and
revoke the provisions of this agreement is shown by proper deed of
record. In the event that it should be determined that the rights
under this agreement shall have merged as a matter of law despite
the absence of such a deed evidencing a specific intent to merge,
the successors in title to the servient estate shall nevertheless
be deemed impressed as a trustee to re- convey these easements for
the benefit of the dominant estate upon any subsequent segregation
of the dominant and servient estate. In the event of any suit or
arbitration involving this agreement or the enforcement hereof,
the prevailing party shall be entitled to recover reasonable
expenses for attorneys' fees and costs.
DATED this -2 j V� day of 1979.
H.M.H. LOGGING, as nominee for
an undisclosed principal
L. Sterling Hand 4 SteintYe
Robert Hanel
J0
4
William Hanel
e a"
Gary W.: Scott
usan J.� ott
Y� c- k e
D. Bruce Morgan
Barbara Jean Morgan
STATE OF WASHINGTON
SS
COUNTY OF KING
On this day personally appeared before me Ervin W. Steinle,
Phyllis Jo Steinle, Gary W. Scott, Susan J. Scott, D. Bruce Morgan
and Barbara Jean Morgan to me known to be the individuals described
CD in and who executed the within and foregoing instrument, and
acknowledged that they signed the same as their free and voluntary
act and deed, for the uses and purposes therein mentioned,.
N GIVEN under my hand and official seal this 5 day 'of
CD
QN February, 1979.
Notary Public in and for the State of
ashWc ton, residing at
STATE OF OREGON
l SS
COUNTY OF P`"
On this day personally appeared before me L. Sterling Hanel,
Robert Hanel and William Hanel, as general partners of H.M.H.
Logging, to me known to be the individuals described in and who
executed the within and foregoing instrument, and acknowledged
that they signed the same as their free and voluntary act and
deed, for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this
February, 1979.
3 day of
5
Notary
Public ifs and
for the State of
Oregon,
residing at
4
5