HomeMy WebLinkAboutL_Covenants_Title_exception_35,36_250123_v10 37 P-areel 883
AFTER RECORDING RETURN TO:
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DECLARATION OF COVENANT
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Declaration of Covenant ('Covenant') is made this
day of October, 1987, by and between Petro Benson
Associates, a Washington general partnership ("Grantor") and
King County, a political subdivision of the State of
Washington ("Grantee").
Whereas Grantor represents and warrants that it is the
owner in fee of that certain real property legally described
in Exhibit A attached hereto ("Property"); whereas Grantee
is presently processing and reviewing plans in connection
with building permit number 87-0559 for the project known
as North Benson Plaza which project either includes or is
adjacent to the Property, aid; whereas said plans propose to
divert from their natural course of flow certain surface and
storm waters so as to cause them to flow onto the Pronerty
where they WA: be channeled into pipes and/or open ditching
across the Property,
Now, Therefore, in consideration of ,:he approval of
Grantee of diversion in said plans and other valuable
consideration, receipt of which is hereby acknowledged,
Grantor hereby agrees as follows:
1. Grantor hereby grants to Grantee a non-exclusive
easement across the Property for access to inspect and, if
required, maintain or repair the pipes and/or open ditching
(•Drainage Improvements') through which the surface and
storm waters are channeled: provided, however, that in no
event shall this Covenant be construed as imposing any
obligation upon Grantee to inspect, maintain or repair the
Drainage Improvements.
2. Grantor shall maintain and repair the Drainage
Improvements as may be reasonably required to keep the
Drainage Improvements in gocl operating condition.
3. If at any time Grantee reasonably determines that
maintenance or repair work is required to be done to the
Drainage Improvements, Grantee shall give Grantor at least
seven days written notice to commence such maintenance cr
repair work. If such maintenance or repair work is not
timely commenced and diligently carried out, Grantee may
•
perform such maintenance or repair work at the expense of
Grantor. Grantor will reimburse Grantee within thirty days
of receipt of the invoice. Overdue payments will accrue
interest at the judgment rate in effect at the time payment
was due. Grantor shall, in addition, reimburse Grantee for
any costs or fees incurred by Grantee in the event
action is required to collect payment due from Grantor under
this Covenant.
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4. If Grantee reasonably determines that the condition
of the Drainage Improvemen_ poses an imminent danger to
life, property or the safety and operation of a public way,
then the notice required in paragraph 3 may be modified to
such notice (or lack of notice) as is reasonable older the
circumstances.
5. All references in this Covenant to Grantor shall be
deemed to be to the then fee owner(s) of the Property; no
prior owner of the Property shall have any liability under
this Covenant for any breach occurring after transfer of
title to a new owner.
6. This Covenant is intended to protect the value and
desirability of the Property and to benefit all the citizens
of Xing County. This Covenant shall run with the land and
be binding on all parties having'or acquiring from Grantor
or Grantor's successors any right, title or interest in the
Property or any part thereof, as well as their heirs,
successors and assigns, and shall inure to the benefit of
all the citizens of King County.
In Witne« Whereof, the parties hereto have hereunto
set their bands:
GRANTOR: GRANTEE:
7ETRO BENSON ASSOCIATES, a
Washington general partnership
a General Partner
STATE OF WASHINGTON )
COUNTY OF KING
SS.
I cprtify that know pr have satisfactory evidence
that ky. signed this instrument, on
oath stated thpt he Was atithorized to execute the instrument
•
and acknowledged it as a general partner of Petro Benson
Associates, a Washington general partnership to be the free
and voluntary act of such party for the uses and purposes
mentioned in this instrument.
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Dated C
, 1987.
• .._ •
NOTARY PUBLIC, State of Washington
My appointment expires ') - -
LEGAL DESCRIPTION
AN EASEMENT IN THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 32. TOWNSHIP 23 Nom, RANGE 5 EAST, W.M. TIE CENTERLINE OF WHICH
IS DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF TIE NORTHWEST QUARTER OF SAID SECTION.
THENCE SOUTH 01'26'23* WEST ALONG THE EAST LINE OF SAID NORTINEST QUARTER A
DISTANCE OF 1.344.36 FEET: THENCE NORTH 88'33'37' WEST. 40.0 FEET TO THE WESTERLY
RIGHT-OF-WILY OF 108TH AVENUE SOUTHEAST (ALSO VENNI AS BENSON HIGNMAY. SR 515i,
THE THE POINT OF HEGINNING; mon THE NEXT THREE (3) COURSES BEING A FIFTEEN
(1S) FONT EMU!, 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
CM SOUTH 811•09'42` WEST 706.85 FEET PARALLEL AND ADJACENT TO THE NORTHERLY
I% RIGHT-OF-WAY OF S.E. 180TH STREET; THENCE ALONG A CURVE CONCAVE TO TIE NORTHEAST Ce WHOSE IPSUU. BEARS NORTH 01•50'18" WEST AND RADIUS IS 37.50 FEET. AN ANC DISTANCE
TO THE RIGHT OF 61.01 FEET; THENCE NORTH 01•22.2e EAST 790.87 FEET PARALLEL
AND ADJACENT TO TIE EASTERLY RIGHT-OF-MAY OF IOSTM PLACE S.E. TO THE POINT
OF TERMINUS OF SAID EASEMENT AND BEARS SOUTH 56'08'53" HEST 963.77 FEET FROM
0 SAID NORTHEAST CORNER OF TIE NORTHWEST QUARTER OF SAID SECTION.
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0 THIS EASEMENT CROSSES THROUGH KING MONTY TAX LOTS PRESENTLY NUMBERED
122.36.65.177.198,225.52 AND 246.
situated in King County, Washington.
a.
EXHIBIT A,
)(10X0 "Z" 37 -Parcel 883(a)
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AFTER RECORDING RETURN TO:
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DECLARATION OF COVENANT
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is Declaration of Covenant ("Covenant") is made this
day of October, 1987, by and between Petro Benson
Associates, a Washington general partnership ("Grantor") and
King County, a political subdivision of the State of
Washington ("Grantee").
Whereas Grantor represents and warrants that it is the
owner in fee of that certain real property legally described
in Exhibit A attached hereto ("Property"); whereas Grantee
is presently processing and reviewing plans in connection
with building permit number 87-0559 for the project known
as North Benson Plaza which project either includes or is
adjacent to the Property, and; whereas said plans propose to
divert from their natural course of flow certain surface and
storm waters so as to cause then to flow onto the Property
W-tere they will be channeled into pipes and/or open ditching
acrcss the Property,
Now, Therefore, in consideration of the approval of
Grantee of diversion in said plans and other valuable
consideration, receipt of which is hereby acknowledged,
Grantor hereby agrees as follows:
1. Grantor hereby grants to Grantee a non-exclusive
easement across the Property for arrest to inspect and, if
required, maintain or repair the pipes and/or open ditching
("Drainage Improvements") through which the surface and
storm waters are channeled; provided, however, that in no
event shall this Covenant be construed as imposing any
obligation upon Grantee to inspect, maintain or repair the
Drainage Improvements.
2. Grantor shall maintain and repair the Drainage
Improvements as may be reasonably required to keep the
Drainage Improvements in good operating condition.
3. If at any time Grantee reasonably determines U171:
main -cenance or repair work is required to be done to the
Drainage Improvements, Grantee shall give Grantor at least
seven days written notice to commence such maintenance or
repair work. If such maintenance or repair work is not
timely c.c7menced and diligently carried out, Grantee may
fi:ej fai Record At The Request Of
i•ri,'a.1
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perform such maintenance or repair work at the expense of
Grantor. Grantor will reimburse Grantee within thirty days
of receipt of the invoice. Overdue payments will accrue
interest at the judgment rate in effect at the time payment
was due. Grantor shall, in addition, reimburse Grantee for
any costs or fees incurred by Grantee in the event legal
action is required to collect payment due from Grantor under
this Covenant.
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0
4
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2
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4. If Grantee reasonably determines that the condition
of the Drainage Improvements poses an imminent danger to
life, property or the safety and operation of a public way,
then the notice required in paragraph 3 may be modified to
such notice (or lark of notice) as is reasonable under the
circumstances.
5. All references in this Covenant to Grantor shall be
deemed to be to the then fee owner(s) of the Property; no
prior owner of the Property shall have any liability under
this Covenant for any breach occurring after transfer of
title to a new owner.
6. This Covenant is intended to protect .he value and
desirability of the Property and to benefit all the citizens
of King County. This Covenant shall run with the land and
be binding on all parties having or acquiring from Grantor
or Grantor's suc,.4%ors any right, title or interest in the
Property cr any part thereof, as yell as their heirs,
successors and assigns, and shall inure to the benefit of
all the citizens of King County.
In Witness Whereof, the parties hereto have hereunto
set their hands:
GRANTOR: GRANTEE:
PETRO BENSON ASSOCIATES, a
Washington general partnership
STATE OF OF WASHINGTON )
COUNTY OF RING
ss.
I certify that I know nor have satisfactory evidence
that 'vc, signed this instrument, on
oath sta that he was authorized to execute the instrument
and acknowledged it as a general partner of Petro Benson
Associates, a Washington general partnership to be the free
and voluntary act of such party for the uses and purposes
mentioned in this instrument.
Dated •, 1987.
•
J. MA hilLER
fitary Ptak
SIAlt OF 11100011011
*Owe ram Weft Wsa
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NOTAR PUBLIC, State of 1, saington
My appointment expires
LEGAL DESCRIPTION
AN EASEMENT IN THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 32. TOINISHIP 23 NON'4. RMI6E 5 EAST, N.M. THE CENTERLINE OF WHICH
IS DESCRIBED AS FOLLOWS:
GONNE:ICING AT TIE NORTHEAST COINER OF TIE NORTH EST QUARTER OF SAID SECTial.
THENCE SOUTH 01'26'23' WEST ALOE TIE EAST LINE OF SAID NORTHWEST QUARTER A
DISTANCE OF 838.53 FEET; THENCE NORTH 811'33'37' HEST. 50.00 FEET TO THE WESTERLY
RIGHT-OF-WU OF 1011H AVENUE SOUTHEAST (ALSO ENNUI AS BENSON HIGHWAY. SR 515).
THE TRUE POINT OF OEGINNINGi THENCE TIE NEXT FIVE (5) COURSES BEING A TEN (10)
-.7 EASEMENT. FIVE (5) FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
NORTH 88'35'10' WEST 5.23 FEET; THENCE NORTH 82'25'32" VEST 28.00 FEET; THENCE
NORTH 80'35'29" WEST 163.02 FEET; THENCE NORTH 16'06'45' NEST 110.66 FEET;
0 THENCE NORTH 43•5719* WEST 296.30 FEET; THENCE THE NEXT ONE (I) COURSE REIN'
JD A FIFTEEN (15) FOOT EASEMENT. 7.50 FEET ON EACH SIDE OF TIE FOLLOWING DESCRISL,
0,1 CENTERLINE: NORTH 00'23'00" WEST 131.56 FEET; THENCE THE NEXT TWO (2) COURSES
O BEING A TEN (10) FOOT EMINENT. FIVE (5) FEET ON EACH SIDE OF TIE FOLLOWING
et DESCRIBED CENTERLINE: NORTH 8r26'18' VEST 179.53 FEET; THENCE SWIM 77•34'01*
O VEST 125.04 FEET TO THE TENONS POINT OF SAID EASEMENT WHICH IS ON TIE VESTENLY
1100=0F-NAY OF 105TH PLACE S.E.. SAID TERMINUS POINT BEING SOUTH 64°39'53'
cw WEST 889.27 FEET FROM SAID NORTHEAST CORNER OF THE NORTHWEST OUTER OF SAID
25 SECTION.
THIS EASEMENT CIOSSES THROUGH KING COUNTY TAX LOTS PRESENTLY NUMBERED
318.317.66.52.16 AND 246.
situated in Wing County, Washington.
EXHIBIT A