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HomeMy WebLinkAboutL_Via405_TitleReport17c-20010927001009_20170421_v1r., CD ry After recordmg return to Paul V McCarthy, Esq LANE POWELL SPEARS LUBERSK'Y LLP 1420 5h Avenue, Suite 4100 Seattle, WA 98101-2338 )927001009 .7 EAS 18.00 oil LOW Washington State Recorder's Cover Sheet CW 65 41 Document Title(s): Second Amendment of Declaration of Easement Reference Number(s) of Related Documents: 8612311880 & 9005161048 FILED BY GIRGAGO TITLE " Grantor(s): RAIV 1 RVA CENTER LLC REF S 5 & 1 -3 — Additional names on pne of document Grantee(s): 1 RENTON PROPERTIES LLC Additional names on page of document Abbreviated Legal Description(s): Ptn Lt C, City of Renton LLA No LLA -001-88, 99004099029, Ptns Lts 1 & 2, City of Renton SIP No SP 009-87, #8707069001 Additional le al description on Exhibits 1 and 2, pages 6 through 9, of document Assessor's Property Tag Parcel/Account Number(s): 192305-9101-06, 192305-9001-07, & 192305-9023-01 10055110035/812483 7 -1- SECOND AMENDMENT OF DECLARATION OF EASEMENT This Second Amendment of Declaration of Easement ("Amendment") is made and entered into as of the day of. 2001 by and between RVA CENTER, LLC, a Washington limited liability Company ("RVA Center") and RENTON PROPERTIES LLC, a Washington limited liability company ("Renton'), successor -in - interest to UNIVERSITY STREET PROPERTEES H, LLC., a Delaware limited liability company ("USP") RECITALS A Renton Talbot Delaware, Inc, a Delaware corporation ("Talbot") and Renton Village Company, a Washington general partnership, entered into a Declaration of Easement, recorded on the King County Recording No 8612311880, as amended by Amendment of Declaration of Easement dated May 11, 1990 by and between Renton Village Associates, a Washington general partnership and Talbot, recorded under King County No 9005161048 (as amended, the "Declaration") Renton Village Company and Renton Village Associates were prior owners of certain property now owned by RVA Center and described in the Declaration as "Parcel B" The Declaration provides for, among other things, the grant of certain nonexclusive parking rights on Parcel B and certain rights of ingress and egress over certain property described in the Declaration as the "Roadway", all inuring to the benefit of an adjoining parcel of property owned by Talbot and defined in the Declaration as "Parcel A" All capitalized terms not expressly defined herein shall have the same meaning ascribed to them in the original Declaration B RVA Center and Renton, at the request of RVA Center, have agreed to further modify the location of the Parking Area and the Roadway NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, RVA Center and Renton hereby agree to amend the Declaration as follows 1 Release of Easement The property described on Exhibit 1 attached hereto and incorporated herein by this reference is hereby released and removed from the definition of "Parking Area" under the Declaration 2 Addition of Access and Parking Area The definition of "Parking Area" is hereby amended to add the property described on Exhibit 2 attached hereto and incorporated herein by this reference 3 Substitute Roadway Legal Descriptio ton Intentionally Deleted, 100551/00351812483 7 -2- 4 No Other Changes Except as expressly provided in this amendment, the original Declaration shall continue in full force and effect In accordance with its original terms 5 Counterparts This Amendment may be signed in counterparts, each of which shall be deemed an original, and all such counterparts shall constitute one and the same instrument The signature of a party to any counterpart may be removed and attached to any other counterpart Any counterpart to which is attached the signatures of all parties shall constitute an original of this Agreement IN WITNESS WHEREOF, this Amendment has been executed as of the date in here first above written RVA Center: RVA CENTER LLC, a Washington lin-Ited liability company ' '),Ia�.�.�c! (s�i�.lc7�a.�,�? vltr:liKJS►.= % 'W1 141 a Washington limited liability company, its managing member By — Name Mlchae ndorffy Title Manager XDDDODDDDMXKKXXKKKXXKKKXXXXXXXXX AGREED TP AS TO FORM AND CONTENT ONLY ON , 2001: LASALLE BANK NATIONAL ASSOCIATION (FORMERLY KNOWN AS LASALLE NATIONAL BANK), AS TRUSTEE, UNDER THAT CERTAIN POOLING & SERVICING AGREEMENT DATED January 10, 1999 FOR THE COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES SERIES 9999-C7 By: GMAC COMMERCIAL MORTGAGE CORPORATION, a California corporation, its Master Servicer By 4C Itsy/t< 2C�i�s�T Witness 14 100551/00351812483 6 -3- RENTON: Renton Properties LLC, a Washington limited liability company By HAL Realty III, Inc Its ana er By Paul M tnheim, President STATE OF WASHINGTON ) ) ss COUNTY OF KING } I certify that I know or have satisfactory evidence that Paul M Manheim, the President of HAL Realty 111, Inc , Manager of Renton Properties LLC, is the person who appeared before me, and said person acknowledged that he signed this instrument on behalf of said corporation in his capacity as President of the corporation, Manager of the limited liability company, acknowledged it to be the free and voluntary act for the uses and purposes mentioned in this instrument, and on oath stated that he is authorized to execute this instrument F -EN 1�; 'ysioN' SV 1� •' �r i PuBUC I+ o9 r �virlal-�.� 100551100351812483 7 Pnnt Natne `'� '4• 4M5 NOTARY PUBLIC for the State of Washington, residing at &* a)14 My appointment expires -3-A STATE OF WASHINGTON) �� ) COUNTY OF K !N ) s5 certify that I know or have satisfactory evidence that Michael Saft4eoffy is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as the Manager of SMG CENTER LLC, a Washington limited liability company, managing member of RVA CENTER, LLC, a Washington limited liability company, to be his free and voluntary act of such partiesYr the used and purposes mentioned in this instrument 'n rI DATEDO+�C'.,�� r 4 ,23.0s ,.� off, .. 1111 QF VffAL�� .» c_� ) ss ca w-. - - , j� v,, n/� r 'Print Name &1�1 IS-�� 4Wd E '1' NOTARY PUBLIC for' the State of Washington, residing at �ssd� uaVLl My appointment expires �� 100551/0035/812483 6 STATE OF 6:-mis Lp bo;q ss COUNTY OF Ir 1 / &nCA/ I certify that I know or have satisfactory evidence that 44,0 /Zd I6 2 -4y'01 is the person who appeared before me, and said person acknowledged hat he/she signed this instrument, on oath stated that he/she is authorized to execute the instrument and acknowledged it as the P, of GMAC COMMERCIAL MORTGAGE CORPORATION, a California corporation, master servicer of LASALLE BANK NATIONAL ASSOCIATION (formerly known as LASALLE NATIONAL BANK), as Trustee under that certain Pooling & Servicing Agreement Dated January 10, 1999 for The Commercial Mortgage Pass -Through Certificates Series 1999-C1, to be his/her free and voluntary act of such parties for the uses and purposes mentioned in this instrument DATED , U Pmt Name NOTARY PUBLIC for the 5ate a of , residing at AL c� xp s tw, EXPI� c-+ C21) 10055110035!812493 6 -5- EXHIBIT 1 DESCRIPTION OF PARKING AREA TO BE RELEASED DELETING PORTION OF PARKING EASEMENT IN LOT "C" PREVIOUSLY DESCRIBED BY DECLARATION OF EASEMENT REVISED EXHIBIT C — REC. NO. 9005161048 THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 23 NORTH, RANGE 5 EAST, W M IN KING COUNTY, WASHINGTON LYING WITHIN THAT PORTION OF LOT "C", CITY OF RENTON LOT LINE ADJUSTMENT NO LLA -001-88, RECORDED UNDER KING COUNTY RECORDING NO 8911139006 AND RECORDING NO 9004099029 DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID NORTHEAST QUARTER, � THENCE S01004'08"W ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 250 02 FEET, THENCE N89044'02"W, A DISTANCE OF 76 64 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT LYING ON THE SOUTH LINE OF SAID LOT "C", e., THENCE CONTINUING N89044'02"W ALONG SAID SOUTH LINE, A DISTANCE OF 52 68 FEET TO A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 245 00 FEET, THENCE NORTHWESTERLY ALONG SAID CURVE AND ALONG THE SOUTHWEST LINE OF SAID LOT "C" THROUGH A CENTRAL ANGLE OF 48001'02", AN ARC DISTANCE OF 205 32 FEET, THENCE N41043'00"W ALONG SAID SOUTHWEST LINE, A DISTANCE OF 68 89 FEET TO A POINT ON AN ANGLE POINT OF AN EXISTING PARKING EASEMENT DESCRIBED IN REVISED EXHIBIT "C" IN AMENDMENT BY DECLARATION OF EASEMENT UNDER RECORDING NO 9005161048, THENCE LEAVING SAID SOUTHWEST LINE AND ALONG THE BOUNDARY OF SAID PARKING EASEMENT, THE FOLLOWING COURSES THENCE N61°47' 19"E, A DISTANCE OF 169 01 FEET, THENCE S05022'27"E, A DISTANCE OF 59 15 FEET, THENCE S00057'31"W, A DISTANCE OF 21 95 FEET, THENCE SO1034'1 5"E, A DISTANCE OF 50 15 FEET, THENCE S01052'33"E, A DISTANCE OF 2132 FEET, THENCE S23036'57"E, A DISTANCE OF 23 40 FEET, THENCE S53019'34"E, A DISTANCE OF 23 40 FEET, THENCE S79019'28"E, A DISTANCE OF 3143 FEET, 10055110035/812483 6 -6- THENCE S88019'22"E, A DISTANCE OF 30 41 FEET, THENCE S73012'19"E, A DISTANCE OF 30 41 FEET, THENCE S28014'45"E, A DISTANCE OF 1171 FEET TO THE TRUE POINT OF BEGINNING 10055110035/812483 6 EXHIBIT 2 DESCRIPTION OF ACCESS AND PARKING AREA TO BE ADDED PARKING AND ACCESS EASEMENT THAT PORTION OF LOTS 1 AND 2, CITY OF RENTON SHORT PLAT NO SP 009-87, RECORDED UNDER RECORDING NO 8707069001, RECORDS OF KING COUNTY, WASHINGTON DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1, SAID CORNER ALSO BEING THE SOUTHEAST CORNER OF LOT "C", CITY OF RENTON LOT LINE ADJUSTMENT NO LLA -001-88 RECORDED UNDER RECORDING NO 8911139006, THENCE N01004'08"E ALONG THE WEST LINE OF SAID LOT 1, A DISTANCE OF 242 84 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING NO l 004'08"E ALONG THE WEST LINE OF SAID LOT 1 AND LOT 2, A DISTANCE OF 45169 FEET TO THE MOST SOUTHERLY CORNER OF C, AN EASEMENT FOR INGRESS, EGRESS, LANDSCAPE AND EMERGENCY ACCESS LANE AS DESCRIBED IN PARAGRAPH NO 3 IN EXHIBIT "A" IN C= INSTRUMENT DESCRIBED UNDER KING COUNTY RECORDING NO 8612221311, SAID POINT LYING ON A CURVE HAVING A RADIUS OF 60 FEET TO WHICH A RADIAL LINE BEARS N75°44' 14"W, THENCE NORTHEASTERLY ALONG SAID CURVE AND ALONG THE SOUTHEASTERLY LINE OF SAID EASEMENT THROUGH A CENTRAL ANGLE OF 31018'58", AN ARC DISTANCE OF 32 79 FEET TO A REVERSE CURVE HAVING A RADIUS OF 80 FEET, THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15055'32", �v AN ARC DISTANCE OF 22 24 FEET, THENCE LEAVING SAID SOUTHEASTERLY LINE S00023'46"E, A DISTANCE OF 125 21 FEET, THENCE S00°19' 15"W, A DISTANCE OF 77 88 FEET, THENCE S86006'40"E, A DISTANCE OF 7 83 FEET, THENCE S0002744"W, A DISTANCE OF 84 18 FEET, THENCE SO1°04'49"W, A DISTANCE OF 63 70 FEET, THENCE S02018'29"W, A DISTANCE OF 71 56 FEET, THENCE S37030'39"W, A DISTANCE OF 48 17 FEET, THENCE S18°47'21"W, ADISTANCE OF 38 07 FEET, TO THE TRUE POINT OF BEGINNING, 100551/0035/812483 6 _g_ TOGETHER WITH THAT PORTION OF LOT "C", CITY OF RENTON LOT LINE ADJUSTMENT NO LLA -001-88, RECORDED UNDER RECORDING NO 8911139006 DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT "C", THENCE N89044'02"W ALONG THE SOUTH LINE OF SAID LOT "C", A DISTANCE OF 170 00 FEET, THENCE LEAVING SAID SOUTH LINE NOI°04'08"E, A DISTANCE OF 90 00 FEET, THENCE S89044'02"E, A DISTANCE OF 150 00 FEET, THENCE NOI°04'08"E, A DISTANCE OF 85 00 FEET, THENCE N05°56'56"E, A DISTANCE OF 10 30 FEET, THENCE N01003'53"E, A DISTANCE OF 115 00 FEET, THENCE S88056'07"E, A DISTANCE OF 19 13 FEET TO A POINT ON THE EAST LINE OF SAID LOT "C", SAID POINT HEREINAFTER DESCRIBED AS POINT "A", THENCE S01004'08"W ALONG SAID EAST LINE, A DISTANCE OF 299 99 FEET TO THE BEGINNING, TOGETHER WITH THAT PORTION OF SAID LOT "C" DESCRIBED AS FOLLOWS COMMENCING AT THE AFOREMENTIONED POINT "A', THENCE N01004'08"E c;n ALONG THE EAST LINE OF SAID LOT "C", A DISTANCE OF 267 91 FEET TO cz THE TRUE POINT OF BEGINNING, THENCE LEAVING SAID EAST LINE N88°55' 52"W, A DISTANCE OF 20 00 FEET, THENCE N01004'08"E, A DISTANCE OF 128 78 FEET TO A POINT ON A CURVE HAVING A RADIUS OF 80 FEET TO WHICH A RADIAL LINE BEARS CNII N77030'38"W, THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31040'35", AN ARC DISTANCE OF 44 23 FEET TO THE EAST LINE OF SAID LOT "C", THENCE S01004'08"W ALONG SAID EAST LINE, A DISTANCE OF 167 60 FEET TO THE TRUE POINT OF BEGINNING 10455!!00351812483 6 -9- ATTACHMENT TO SECOND AMENDMENT OF DECLARATION OF EASEMENT LASALLE BANK NATIONAL ASSOCIATION (FORMERLY KNOWN AS LASALLE NATIONAL BANK), AS TRUSTEE, UNDER THAT CERTAIN POOLING & SERVICING AGREEMENT DATED January 10, 1999 FOR THE COMMERCIAL MORTGAGE PASS- THROUGH CERTIFICATES SERIES 1999-C1, by GMAC COMMERCIAL MORTGAGE CORPORATION, A CALIFORNIA CORPORATION, ITS MASTER SERVICER, hereby agrees to the granting of the aforesaid Second Amendment of Declaration of Easement and agrees that any foreclosure or sale under foreclosure of that certain Deed of Trust bearing King County Auditor's File Number 9809031355 dated September 3, 1998, as assigned by Assignment bearing King County Auditor's File Number 9809031358 dated September 3, 1998 and shall be subject to such Second Amendment of Declaration of Easement LASALLE BANK NATIONAL ASSOCIATION (FORMERLY KNOWN AS LASALLE NATIONAL BANK), AS TRUSTEE, UNDER THAT CERTAIN POOLING & SERVICING AGREEMENT DATED January 10, 1999 FOR THE COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES SERIES 1999-C1 By: GMAC COMMERCIAL MORTGAGE CORPORATION, a California corCn poration, Its Master Servicer cm $ � C Y Its Vide President STATE OF PENNSYLVANIA ) )ss. COUNTY OF MONTGOMERY) I certify that I know or have satisfactory evidence that GARY ROUTZAHN is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as the Vice President of GMAC COMMERCIAL MORTGAGE CORPORATION, a California corporation, Master Servicer of LASALLE BANK NATIONAL ASSOCIATION (formerly known as LASALLE NATIONAL BANK), as Trustee under that certain Pooling & Servicing Agreement Dated January 10, 1999 for The Commercial Mortgage Pass -Through Certificates Series 1999-C1, to be his free and voluntary act of such parties for the uses and purposes mentioned in this instrument. DATEDST bee 13 acro i Print NameC) NOTARY PUBLIC for the State of Pennsylvania, residing at d� et ex es: )T 100551100351852926 I ""'ry M