The URL can be used to link to this page

Home My WebLink About2002 - Maintenance Agreement - Long Classic Homes - 2002111300181220021113001812 DOCUMENT TITLE: Maintenance Agreement REFERENCE NUMBER(S): None GRANTOR(S): Long Classic Homes, Ltd. GRANTEE(S): Long Classic Homes, Ltd. LEGAL DESCRIPTION: Portions of Lots 1- 9,14-16, Foster Heights, according to the plat recorded in Volume 200 of Plats at pages 89 through 91 ASSESSORS PROPERTY TAX PARCEVACCOUNT NO. After recording return to: Mr. David S. Kerruish 7016 -35 Avenue NE Seattle, Washington 98115 -5917 File Na 105.020 The undersigned owner of the property herein described does impose as an easement and covenant running with the land an obligation upon the owners and future owners of the Benefited Property (as described herein) to maintain drainage improvements located within easements imposed upon the Burdened Property (as described herein), as provided in this instrument. 1. Ownership of Property. The property which is subject to the provisions of this instrument is owned by Long Classic Homes, Ltd., and is legally described as follows: Lots 1 -9, and Lots 14-16, in Volume 200 of Plats, Pages 89 through 91 inclusive, situate in King County, State of Washington. 2. Benefited and Burdened Properties. The following Lots are benefited by an easement recorded on an adjacent Lot: MAINTENANCE AGREEMENT - 1 MAINTENANCE AGREEMENT 002 1 01 101 OF OOO 441 Lot 2 is benefited by an easement imposed upon Lot 1; Lot 3 is benefited by an easement imposed upon Lot 2; Lot 4 is benefited by an easement imposed upon Lot 3; Lot 5 is benefited by an easement imposed upon Lot 6; Lot 6 is benefited by an easement imposed upon Lot 7; Lot 7 is benefited by an easement imposed upon Lot 8; RECEIVED NOV 13 2002 PUBLIC WOR D 02- 05D g. Lot 8 is benefited by an easement imposed upon Lot 9; h. Lot 15 is benefited by an easement imposed upon Lot 14; i. Lot 16 is benefited by an easement imposed upon Lot 15. Each Lot for which there is a right to use an adjacent Lot is hereafter referred to as the "Benefited Property" with respect to the right to use the easement located on the adjacent Lot. Each Lot that has imposed upon it an easement in favor of an adjacent lot is referred to as the "Burdened Property" with respect to the easement imposed upon the Lot. A Lot may be both burdened and benefited, by different easements. The easements described herein are recorded at King County Recorder's No. and were granted for the purpose of providing drainage for the Benefited Properties. 3. Duty to Maintain Easement and Improvements. The Owner of each Benefited Property shall have the duty and obligation to maintain the easement established for the benefit of the Benefited Property, and all drainage improvements located within its easement, in a manner that preserves the function and utility of the drainage improvements within the easement and in full compliance with all applicable Taws and building or zoning codes. The Owner of the Benefited Property may not construct, place or maintain any other structures in its easement, except the drainage improvements, and may not engage in any activity in the Easement that may damage the improvements located on the Burdened Property. The Owner of the Burdened Property may not place any improvements, or engage in any activities, that materially interfere with the function or utility of the drainage improvements located within the easement. Notwithstanding the prohibition upon the placement of structures in the easement, the owner of the Burdened Property may place a fence within the easement (as long as the fence does not damage or interfere with the drainage improvements in the easement), but such fence shall be repaired or replaced at the cost of the Owner of the Burdened Property if the fence must be removed in order for the Owner of the Benefited Property to maintain the drainage improvements within the easement. 4. Access. The Owner of the Benefited Property shall have whatever right of access through the Burdened Property to construct, repair, maintain and replace drainage improvements located in the easement, and to exercise the rights granted by this easement. The Owner of the Benefited Property shall compensate the Owner of the Burdened Property for any damages to the easement or to the Burdened Property and its improvements that are caused by Owner of the Benefited Property or the Owner's agents. The Owner of the Burdened Property shall compensate the Owner of the Benefited Property for any damages to the improvements located in the easement that are caused by the Owner of the Burdened Property or the Owner's agents. 5. Indemnity. The Owner of the Benefited Property agrees to indemnify, defend and hold the owner of the Burdened Property harmless from all losses, damages, claims, obligations, liabilities and expenses (and all actions, proceedings, judgments, attomey's fees and costs incident thereto) related to the Owner of the Benefited Property's use of the easement, or the improvements located therein. 6. Compliance with Laws. All improvements, installations and work to be MAINTENANCE AGREEMENT - 2 z ~ w i 2 WV 00 • 0 w= w o • Q co i ~w Z = zF- w • w U � o - O I- w IL I- w z U i P • 1— z constructed or performed pursuant to this agreement, including, without limitation, the installation, maintenance and repair of the improvements, shall be constructed and performed in compliance with all laws, ordinances, orders, rules, regulations and requirements of any govemmental entity having jurisdiction over the easement. 7. Enforcement. This Agreement shall be govemed by and construed in accordance with the laws of Washington. In the event of any controversy, claim or dispute between the parties effecting or relating to the subject matter or performance of this Agreement, the prevailing party shall be entitled to recover from the nonprevailing party all of its reasonable arbitration and litigation expenses, reasonable attorneys' fees, accountant's fees, expert witness fees and costs, on all issues of municipal, county, state, federal and bankruptcy law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Easement shall remain in full force and effect. 8. Successors and Assigns. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns, and shall bind all invitees of Grantor. There is no restriction on the transfer of the parties' rights and /or duties under this Agreement. OWNER: LO CLASSIC HOMES, LTD. s y 11111111k..■AU _ John T n• STATE OF WASHINGTON ) COUNTY OF PIERCE I certify that I know or have satisfactory evidence that John M. Long is the person who appeared before me, and said person acknowledged that he was authorized to execute the instrument and acknowledged it as the President of Long Classic Homes, Ltd. to be the free and voluntary act of ` party for the uses and purposes mentioned in this instrument. ': �' +; a D TED: fl(W/Y 2002 i. r MAINTENANCE AGREEMENT - 3 ss. dA, Renee M. Richardson (Printed name) Notary Public j My Appointment Expires: NI LS I z ~ w QQ • � JU O 0 co • im J = � LL w O w a = ▪ W z � i- 0 z �- 11J uj U O - O H w W z w i 2 I O I-- z PRIVATE DRAINAGE EASEMENTS LEGAL DESCRIPTIONS AN EASEMENT FOR DRAINAGE PURPOSES OVER THOSE PORTIONS OF LOTS WITHIN THE PLAT OF FOSTER HEIGHTS ACCORDING TO THE PLAT AS RECORDED IN VOLUME 200 OF PLATS, PAGES 89 TO 91, CITY OF TUKWILA, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: LOT 1- THE SOUTH 10 FEET THEREOF. TOGETHER WITH THE WESTERLY, NORTHERLY AND EASTERLY 5 FEET THEREOF. LOT 2 - THE SOUTH 10 FEET THEREOF. TOGETHER WITH THE WESTERLY, NORTHERLY AND EASTERLY 5 FEET THEREOF. LOT 3 - THE SOUTH 10 FEET THEREOF. TOGETHER WITH THE WESTERLY, NORTHERLY AND EASTERLY 5 FEET THEREOF. LOT 4 - THE WESTERLY, SOUTHWESTERLY AND SOUTHERLY 10 FEET THEREOF. TOGETHER WITH THE NORTH AND EAST 5 FEET THEREOF. LOT 5 - THE WESTERLY, NORTHWESTERLY AND NORTHERLY 10 FEET THEREOF. TOGETHER WITH EAST AND SOUTH 5 FEET THEREOF. LOT 6 - THE NORTH 10 FEET THEREOF. TOGETHER WITH THE WESTERLY, SOUTHERLY AND EASTERLY 5 FEET THEREOF. LOT 7 - THE NORTH 10 FEET THEREOF. TOGETHER WITH THE WESTERLY, SOUTHERLY AND EASTERLY 5 FEET THEREOF. LOT 8 - THE NORTH 10 FEET THEREOF. TOGETHER WITH THE WESTERLY, SOUTHERLY AND EASTERLY 5 FEET THEREOF. LOT 9 - THE NORTHERLY 10 FEET THEREOF. TOGETHER WITH THE EASTERLY 10 FEET OF THE NORTHERLY 40.07 FEET (AS MEASURED ALONG THE EAST LINE OF SAID LOT 9) THEREOF. TOGETHER WITH THE SOUTH 5 FEET THEREOF. TOGETHER WITH THE EASTERLY 5 FEET OF THE SOUTH 43.44 FEET (AS MEASURED ALONG THE EAST LINE OF SAID LOT 9) THEREOF. TOGETHER WITH THE WEST 10 FEET THEREOF. LOT 11- THE WESTERLY 10 FEET THEREOF. TOGETHER WITH THE NORTH AND SOUTH 5 FEET THEREOF, LESS THE EAST 25 FEET THEREOF. TOGETHER WITH THE WEST 5 FEET OF THE EAST 30 FEET OF SAID LOT 11. 1 1 1 1 1 1 .1a 7. z ~ w c QQ L W O 0 co 0 w w O J �j w d = • w z � � O w ~ U� O N O I- I 0 u' O ..z w F. z LOT 12 - THE SOUTHWESTERLY 10 FEET THEREOF AS MEASURED RADIALLY FROM NORTHEASTERLY MARGIN OF THE CUL -DE -SAC FOR SOUTH 145 STREET. TOGETHER WITH THE EASTERLY, NORTHERLY AND WESTERLY 5 FEET THEREOF. LOT 14 - THE SOUTHERLY 10 FEET AS MEASURED FROM THE NORTHERLY MARGIN OF SOUTH 145 STREET. TOGETHER WITH NORTHEASTERLY, THE NORTHWESTERLY AND SOUTHWESTERLY 5 FEET THEREOF. z z J U U 0 J = W0 CV LOT 16 - THE SOUTHERLY, SOUTHWESTERLY AND WESTERLY 10 FEET 2 . 1"+ THEREOF. TOGETHER WITH NORTHERLY AND EASTERLY 5 FEET L. a CO THEREOF. N a r-4 H = O ?F- O ZO O 2D - U O ry 0 - H . 0 ~ W uj 1- . Z 01 L ll H= O H LOT 15 - THE SOUTH 10 FEET THEREOF. TOGETHER WITH THE EASTERLY, NORTHERLY AND WESTERLY 5 FEET THEREOF. z.