HomeMy WebLinkAboutL_Declaration_of_Easements_and_Covenants_170518_v1.pdf20110112000536.001
After recording return to:
Strada da Valle LLC
Attn: Ariane Elvebak
9125-10'h Avenue South
Seattle, Washington 98108
III I 111111111111111111111111111111111
20110112000536
CITY OF RENTON COV 153.00
PAGE -001 OF 092
01/12/2011 12:17
KING COUNTY, WA
Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04)
Document Title(s) (or transactions contained therein): tall areas applicable to your document must be
filled in)
1. DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT
RUNNING WITH THE LAND
Reference Number(s) of Documents assigned or released: None
Additional reference #'s on page of document
Grantor(s) (Last name, first name, initials)
1. STRADA DA VALLE LLC, a Washington limited liability company
2.
Additional names on page of document.
Grantee(s) (Last name first, then first name and initials)
1. STRADA DA VALLE LLC, a Washington limited liability company
2.
Additional names on page of document.
Legal description (abbreviated: i.e. lot, block, plat or section, township, range):
PTN NW '/ of the NE % of Sec 30, Twp 23N, RSE, W.M.
Additional legals are on page 7 of document and attached Exhibits A through U.
Assessor's Property Tax Parcel/Account Number ❑ Assessor Tax # not yet
assigned
302305-9103-09
The Auditor/Recorder will rely on the information provided on the form. The staff will not
read the document to verify the accuracy or completeness of the indexing information
provided herein. 1�-p / - (9 0073
TABLE OF CONTENTS
1. PROPERTY SUBJECT TO THIS DECLARATION
20110112000536.002
6
2. GENERAL DESCRIPTION OF THE EXISTING IMPROVEMENTS ON THE
PROPERTY ------- 7
2.1 Existing One -Story Office Buildings-------------------------------------------------------------------------------8
2.2 Existing Entrance Driveways---------------------------------------------------------------------------------------8
2.2.1 Existing Lot 1 -Specific Entrance Driveway-------------------------------------------------------------------- 8
2.2.2 Existing Lot 1 -Lot 2 Common Entrance Driveway------------------------------------------------------------ 8
2.2.3 Existing Lot 2 -Lot 3 Common Entrance Driveway------------------------------------------------------------ 8
2.2.4 Existing Lot 3 -Specific Entrance Driveway-------------------------------------------------------------------- 9
3. DECLARATION OF JOINT USE DRIVEWAY EASEMENTS AND
MAINTENANCE COVENANTS__________________w_—_--__— ---- — ------ .r------------- 9
3.1 Declaration of Joint Use Driveway Easement A -----------------------------------------------------9
3.2 Declaration of Joint Use Driveway Easement B------------------------------------------------------------------9
3.3 Declaration of Joint Use Driveway Easement C --- ------------- ------ ----- ---- _---- _____-------- _---- ___ 10
3.4 Declaration of Joint Use Driveway Easement D 11
3.5 Relationship Between Joint Use Driveway Easement A and Joint Use Driveway Easement B-------11
3.6 Relationship Between Joint Use Driveway Easement C and Joint Use Driveway Easement D-------12
3.7 Declaration of Maintenance Covenant Concerning the Portion of the Existing Lot 1 -Lot 2 Common
Entrance Driveway on Lot 1 --------------_______________--__ ___________----------- 12
3.8 Declaration of Maintenance Covenant Concerning the Portion of the Existing Lot 1 -Lot 2 Common
Entrance Driveway on Lot 2----------------------------------------------------------------------------------------------12
3.9 Declaration of Maintenance Covenant Concerning the Portion of the Existing Lot 2 -Lot 3 Common
Entrance Driveway on Lot 2 ------- 12
3.10 Declaration of Maintenance Covenant Concerning the Portion of the Existing Lot 2 -Lot 3
Common Entrance Driveway on Lot 3----------------------------------------------------------------------------------13
4. PARKING _________------ ------------- ----__------------ -- -----13
DECLARATION OF EASEMENTS, COVENANTS,
AND AGREEMENT RUNNING WITH THE LAND—Page 1
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5. STORM WATER SYSTEM AND ASSOCIATED EASEMENTS AND
MAINTENANCE COVENANTS ____—__________________
5.1 Background Information Concerning the Existing Stormwater Detention Facility --------------------13
5.2 Background Information Concerning the Series of Common Storm Drains That Are Tributary to
and/or Part of the Existing Stormwater Detention Facility - ------------------------14
5.3 Background Information Concerning a Separate Storm Drain Conveying Storm Water From a
Portion of Lot 2 to Storm Drain Manhole 1-----__.__.___—_ _____w___— ----- __ 15
5.4 Background Information Concerning Separate Storm Drains That Are Also Tributary to the
Detention Pond ---------- --- 15
5.5 Declaration of Detention Pond Easement and Maintenance Covenant--------------------- 15
5.6 Declarations of Storm Drain Easement A-1 (Across a Portion of Lot 1), Storm Drain Easement A-2
(Across a Portion of Lot 2), and Related Maintenance Covenant ---- ----------------- ------------ ---------------- 17
5.7 Declaration of Storm Drain Easement B (Across a Portion of Lot 1) and Related Maintenance
Covenant------------------ ---------------------------------------------- ----------------------------------- ------------------- 19
5.8 Declaration of Storm Drain Easement C (Across a Portion of Lot 1) and Related Maintenance
Covenant20
5.9 Declaration of Storm Drain Easement D (Across a Portion of Lot 2) and Related Maintenance
Covenant --------------------- 22
5.10 Declaration of Storm Drain Easement E (Across a Portion of Lot 3) and Related Maintenance
Covenant------- --------------------------- ---------- ---------- ---------------------- ----------------------- ------------------- 24
5.11 Declaration of Storm Drain Easement F (Across a Portion of Lot 2) and Related Maintenance
Covenant------------------------------------------------------------ -------------------------------------- -------------------- 26
5.12 Declaration of Covenant to Maintain Lot 1's Existing East Valley Road Frontage Swales and Any
Other of Lot 1's Storm Drains------------------------------------------------------------------------------------- 28
5.13 Declaration of Covenant to Maintain Lot 2's Existing East Valley Road Frontage Swales and Any
Other of Lot 2's Storm ------ 28
5.14 Declaration of Covenant to Maintain Lot 3's Existing East Valley Road Frontage Swales and Any
Other of Lot 3's Storm Drains29
6. SANITARY SEWER SYSTEM AND ASSOCIATED EASEMENTS AND
MAINTENANCE COVENANTS-------------------------------------------------------------------29
6.1 Background Information Concerning the Sanitary Sewer System----------------------------------------- 29
DECLARATION OF EASEMENTS, COVENANTS,
AND AGREEMENT RUNNING WITH THE LAND—Page 2
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6.2 Declaration of Sanitary Sewer Easement 1 Across a Portion of Lot 2 and Related Maintenance
Covenant--_------___--_----------------------------------------------------------------------------���------------- 30
6.3 Declaration of Sanitary Sewer Easement 2 Across a Portion of Lot 1 and Related Maintenance
Covenant--------------------------------------------------------------------------------------------------------------- 32
6.4 Declaration of Sanitary Sewer Easement 3 Across a Portion of Lot 1------------------------------------- 34
7. WATER SYSTEM — -------------------- ------- -----------_------------ -------------- 36
8. LANDSCAPE IRRIGATION SYSTEM---------------------------------------------------- 36
8.1 Background Information Concerning the Landscape Irrigation System-------------------------------- 36
8.2 Declaration of Covenants Concerning the Portion of the Lot 3 and Partial Lot 2 Landscape
Irrigation System on Lot 2----------------------------------------------------------------------------------- 37
9. NATURAL GAS LINES AND ASSOCIATED EASEMENT AND
MAINTENANCE COVENANT-------------------------------------------------------------------- 38
9.1 Background Information Concerning the Existing Natural Gas Lines Serving the Buildings ------- 38
9.2 Declaration of Natural Gas Service Line Easement (Across a Portion of Lot 1) and Related
Maintenance Covenant------------------------------------------------------------------------------------------------ 38
10. ELECTRICAL POWER SERVICE LINES TO THE BUILDINGS;
ASSOCIATED EASEMENTS AND MAINTENANCE COVENANTS ------------------- 40
10.1 Background Information Concerning the Existing Electrical Power Service Lines Serving the
Buildings------------------------------------------------------------------------------------------------------------------- 40
10.2 Declaration of Electrical Service Line Easement 1 (Across a Portion of Lot 1) and Related
Maintenance Covenant -------------__ -------------- _------------ --_------- —------ — ---- —_— —__—_ 41
10.3 Declaration of Electrical Service Line Easement 2 (Across a Portion of Lot 2) and Related
Maintenance Covenant-------------------------------------------------------------------------------------------------- 43
10.4 Declaration of Electrical Service Line Easement 3 (Across a Portion of Lot 3) and Related
MaintenanceCovenant ------------ -----------------------_----------------------------------- ------------- 46
11. TELECOMMUNICATIONS CONDUIT TO THE BUILDINGS; ASSOCIATED
EASEMENTS AND MAINTENANCE COVENANTS---------------------------------------- 48
11.1 Background Information Concerning the Existing Telephone Conduit Serving the Buildings--- 48
DECLARATION OF EASEMENTS, COVENANTS,
AND AGREEMENT RUNNING WITH THE LAND—Page 3
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11.2 Declaration of Telecommunications Conduit Easement 1 (Across a Portion of Lot 1) and Related
Maintenance Covenant _------ ------------------- -------------- ------------------- --------- 49
11.3 Declaration of Telecommunications Conduit Easement 2 (Across a Portion of Lot 2) and Related
Maintenance Covenant-------------------------------------------------------------------------------------------------- 51
11.4 Declaration of Telecommunications Conduit Easement 3 (Across a Portion of Lot 2) and Related
Maintenance Covenant ---- ------- ----- _-_-_-__—--------------- -------- 54
12. TRASH DUMPSTER(S) AND REFUSE SERVICE ---------------------------------- 56
13. CONCRETE PATIO ---- --------------------------------- ------------------------------------ 56
14. OUTDOOR LIGHTING -- --------------------------------- -------------------------------- 57
14.1 General Explanation of the Existing Outdoor Lighting ------------------------------------------------ 57
14.2 Covenant Regarding Sharing of the Electrical Power Costs for the Walk Lights on Lot 2 ------- 57
14.3 Covenants Regarding Supply of Electric Power and Sharing the Cost of Electric Power for the
Pole Lights on All Three of the Lots --------------- 59
14.4 Covenants Regarding Maintenance, Operation, and Repair/Replacement of the Walk Lights and
the Pole Lights on Each of the Three Lots ------------------------------------------------ ---------------------------- 62
15. TIME OF THE ESSENCE ------- ----------------------- --------__________------ 63
16. TERM
63
17. AMENDMENT OR MODIFICATION ---------------- ------___________—__________ 63
18., DECLARATION TO RUN WITH THE LAND; SUCCESSORS------------------ 63
19. RELEASE OF OBLIGATIONS
63
20. DUTY TO RESTORE THE LAND SUBJECT TO THE EASEMENTS UPON
EXERCISE OF EASEMENT RIGHTS-------------------------------------------------- 64
21. INDEMNIFICATION----------------------------------------------------------------------- 64
22. ENFORCEMENT; VENUE -- ------ _------ _---- __ W__ ---------------- ----- 64
DECLARATION OF EASEMENTS, COVENANTS,
AND AGREEMENT RUNNING WITH THE LAND—Page 4
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23. COSTS AND FEES--------------------------------------------------------------------------- 64
24. APPLICABLE LAW --------- -------------------------------- ------------------------ -------- 64
25. SELF HELP------------------------------------------------------------------------------------ 65
26. NO TERMINATION FOR BREACH--------------------------------------------------- 65
27. SEVERABILITY------------------------------------------------------------------------------ 65
28. NOTICES--------------------------------------------------------------------------------------- 65
29. NO RIGHTS IN THE PUBLIC ------------------------------------------------------------ 66
30. ESTOPPEL CERTIFICATES------------------------------------------------------------- 66
31. EXHIBITS-------------------------------------------------------------------------------------- 66
32. NO MERGER; PREREQUISITE TO TERMINATION ----------------------------- 66
33. DATE-------------------------------------------------------------------------------------------- 66
LIST OF ATTACHED LEGAL DESCRIPTION EXHIBITS
Exhibit A:
Joint Use Driveway Easement Strip A
Exhibit B:
Joint Use Driveway Easement Strip B
Exhibit C:
Joint Use Driveway Easement Strip C
Exhibit D:
Joint Use Driveway Easement Strip D
Exhibit E-1:
Detention Pond Easement Area
Exhibit E-2:
Detention Pond Access Easement Area
Exhibit F-1:
Storm Drain Easement Strip A-1
Exhibit F-2:
Storm Drain Easement Strip A-2
Exhibit G.
Storm Drain Easement Strip B
Exhibit H:
Storm Drain Easement Strip C
Exhibit I:
Storm Drain Easement Strip D
Exhibit J:
Storm Drain Easement Strip E
Exhibit K:
Storm Drain Easement Area F
DECLARATION OF EASEMENTS, COVENANTS,
AND AGREEMENT RUNNING WITH THE LAND—Page 5
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Exhibit L:
Sanitary Sewer Easement Strip 1
Exhibit M:
Sanitary Sewer Easement Strip 2
Exhibit N:
Sanitary Sewer Easement Strip 3
Exhibit O:
Gas Easement Strip
Exhibit P:
Electrical Easement Strip 1
Exhibit Q:
Electrical Easement Strip 2
Exhibit R:
Electrical Easement Strip 3
Exhibit S:
Telecommunications Easement Strip 1
Exhibit T:
Telecommunications Easement Strip 2
Exhibit U:
Telecommunications Easement Strip 3
DECLARATION OF EASEMENTS, COVENANTS,
AND AGREEMENT RUNNING WITH THE LAND --Page 6
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DECLARATION OF EASEMENTS, COVENANTS,
AND AGREEMENT RUNNING WITH THE LAND
STRADA DA VALLE LLC, a Washington limited liability company ("Declarant"),
the undersigned owner of the property herein described, hereby imposes the following
easements, covenants, and terms of agreement running with the land upon the owners and
future owners of the property herein described. (This document hereinafter is referred to as
the "Declaration".)
1. Property Subject to this Declaration. The property that shall be subject to
the provisions of this Declaration (the "Property") is the property legally described as
follows:
Lots 1 through 3 of STRADA DA VALLE SHORT PLAT, City of Renton
Short File No. LUA-09-042-SHPL, according to the plat thereof recorded in
Volume 'Z� of Surveys, Pages through (g� under King County kap, i
Recording No. Z0 10 11 0 0 0 0
In this Declaration, those three lots are individually referred to as "Lot I", "Lot 2" and "Lot
3" and are collectively referred to as the "Lots". If and when sold and/or conveyed, each of
the Lots shall be sold and/or conveyed subject to this Declaration. This Declaration shall be
binding upon each owner of one or more Lots (each an "Owner"), all mortgagees, all deed of
trust beneficiaries, and all holders of any easement or other rights or interest in the Property that
arise after the recording of this Declaration.
2. General Description of the Existing Improvements on the Property. The
Property is already developed with three one-story office buildings and associated outdoor
parking lots, driveways, landscaping, a stormwater detention facility (comprised of both a
detention pond in Lot 3 near that lot's south edge and a series of below -driveway -surface
storm drain detention pipes and storm drain manholes in portions of Lots 1, 2 and 3),
underground utilities, pole lights, and an outdoor patio area that straddles a portion of the
common lot line between Lots 1 and 2 (said patio is located generally between Buildings A
and B). The three existing one-story office buildings are further described below.
The approximate locations of certain of the existing improvements on the ground
surface of the Lots are depicted on Sheets 1 of 4 and 2 of 4 of the record of survey that has
been recorded in Volume Z'77of Surveys, Pages (g j through 492, under King County
Recording No. 2.011011 Z 1-o p 0 0 r, — contemporaneously with the recording of this
Declaration. (All four sheets of that recorded record of survey are collectively referred to in
this Declaration as the "Record of Survey".)
DECLARATION OF EASEMENTS, COVENANTS,
AND AGREEMENT RUNNING WITH THE LAND–Page 7
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2.1 Existins One -Story Office Buildines. One of the three buildings
(`Building A") is located on Lot 1 and has a street address of 2300 East Valley Road. That
building encompasses an area of 52,845 square feet, more or less, to the outside edges of its
outer walls.
Another one of the three buildings (`Building B") is located on Lot 2 and has a street
address of 2400 East Valley Road. That building encompasses an area of 56,508 square feet,
more or less, to the outside edges of its outer walls.
The other one of the three buildings (`Building C") is located on Lot 3 and has a street
address of 2500 East Valley Road. That building encompasses an area of 134,704 square
feet, more or less, to the outside edges of its outer walls.
2.2 Existing Entrance Driveways. The following four existing entrance
driveways currently provide vehicular access from East Valley Road to the Lots.
2.2.1 Existing Lot 1 -Specific Entrance Driveway. The
northerlymost entrance driveway (the "Existing Lot 1 -Specific Entrance Driveway", which is
labeled thus on Sheet 1 of 4 of the Record of Survey) is intended only for the use and benefit
of the Owners of Lot I and their tenants, invitees, and licensees. Use of that entrance
driveway by the Owners of Lots 2 and 3 and their respective tenants, invitees, and licensees is
hereby prohibited without the expressed written consent of the Owners of Lot 1.
2.2.2 Existing Lot 1 -Lot 2 Common Entrance Driveway. An
existing entrance driveway lying approximately perpendicular to the east edge of East Valley
Road straddles a westerly portion of the common lot line between Lots 1 and 2, as depicted on
Sheet 1 of 4 of the Record of Survey, and extends throughout Joint Use Driveway Easement
Strip A defined in Section 3.1, below, and throughout Joint Use Driveway Easement Strip B
defined in Section 3.2, below (said driveway is referred to in this Declaration as the "Existing
Lot 1 -Lot 2 Common Entrance Driveway"). That entrance driveway is intended only for the
use and benefit of the Owners of Lots 1 and 2 and their respective tenants, invitees, and
licensees. Use of that entrance driveway by the Owners of Lot 3 and their tenants, invitees,
and licensees is hereby prohibited without the expressed written consent of the Owners of
Lots 1 and 2.
2.2.3 Existing Lot 2 -Lot 3 Common Entrance Driveway. An
existing entrance driveway lying approximately perpendicular to East Valley Road straddles a
westerly portion of the common lot line between Lots 2 and 3, as depicted on Sheet 2 of 4 of
the Record of Survey, and extends throughout Joint Use Driveway Easement Strip C defined in
Section 3.3, below, and throughout Joint Use Driveway Easement Strip D defined in Section
3.4, below (said driveway is referred to as the "Existing Lot 2 -Lot 3 Common Entrance
Driveway"). That entrance driveway is intended only for the use and benefit of the Owners of
DECLARATION OF EASEMENTS, COVENANTS,
AND AGREEMENT RUNNING WITH THE LAND --Page 8
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Lots 2 and 3 and their respective tenants, invitees, and licensees. Use of that entrance
driveway by the Owners of Lot 1 and their invitees and licensees is hereby prohibited without
the expressed written consent of the Owners of Lots 2 and 3.
2.2.4 Existinp,Lot 3 -Specific Entrance Driveway. The
southerlymost entrance driveway (the "Existing Lot 3 -Specific Entrance Driveway", which is
labeled thus on Sheet 2 of 4 of the Record of Survey) is intended only for the use and benefit
of the Owners of Lot 3 and their tenants, invitees, and licensees. Use of that entrance
driveway by the Owners of Lots 1 and 2 and their respective tenants, invitees, and licensees is
hereby prohibited without the expressed written consent of the Owners of Lot 3.
3. Declaration of Joint Use Driveway Easements and Maintenance
Covenants. The Declarant hereby grants and declares the following easements and covenants:
3.1 Declaration of Joint Use Driveway Easement A. The Declarant
hereby grants and declares a nonexclusive easement over, along, and across the strip of Lot l
that is legally described on Exhibit A, attached. (Said easement is referred to in this
Declaration as "Joint Use Driveway Easement A" and said strip of Lot 1 is referred to in this
Declaration as "Joint Use Driveway Easement Strip A", which strip is graphically depicted and
labeled as such in a detail on the top portion of Sheet 1 of 4 of the Record of Survey.) This
easement is for the following purposes:
(a) Vehicular ingress from East Valley Road to Lot 2 (in common with
vehicular ingress from East Valley Road to Lot 1);
(b) Vehicular egress from Lot 2 to East Valley Road (in common with
vehicular egress from Lot 1 to East Valley Road); and
(c) Maintenance and repair of the portion of the Existing Lot ]-Lot 2
Common Entrance Driveway lying within Joint Use Driveway
Easement Strip A.
This easement shall (a) run with the land, benefiting Lot 2 and burdening the portion of Lot 1
encompassed by the Joint Use Driveway Easement Strip A, (b) be binding upon the Owner(s)
of the portion of Lot 1 encompassed by Joint Use Driveway Easement Strip A and their
respective personal representatives, heirs, successors, and assigns, and (c) inure to the benefit
of the Owner(s) of Lot 2 and their respective personal representatives, heirs, successors, and
assigns.
3.2 Declaration of Joint Use Driveway Easement B. The Declarant
hereby grants and declares a nonexclusive easement over, along, and across the strip of Lot 2
that is legally described on Exhibit B, attached. (Said easement is referred to in this
DECLARATION OF EASEMENTS, COVENANTS,
AND AGREEMENT RUNNING WITH THE LAND—Page 9
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Declaration as "Joint Use Driveway Easement B" and said strip of Lot 2 is referred to in this
Declaration as "Joint Use Driveway Easement Strip B", which strip is graphically depicted and
labeled as such in a detail on the top portion of Sheet 1 of 4 of the Record of Survey.) This
easement is for the following purposes:
(a) Vehicular ingress from East Valley Road to Lot 1 (in common with
vehicular ingress from East Valley Road to Lot 2);
(b) Vehicular egress from Lot 1 to East Valley Road (in common with
vehicular egress from Lot 2 to East Valley Road); and
(c) Maintenance and repair of the portion of the Existing Lot 1 -Lot 2
Common Entrance Driveway in Joint Use Driveway Easement Strip B.
This easement shall (a) run with the land, benefiting Lot 1 and burdening the portion of Lot 2
encompassed by the Joint Use Driveway Easement Strip B, (b) be binding upon the Owner(s)
of the portion of Lot 2 encompassed by Joint Use Driveway Easement Strip B and their
respective personal representatives, heirs, successors, and assigns, and (c) inure to the benefit
of the Owner(s) of Lot i and their respective personal representatives, heirs, successors, and
assigns.
3.3 Declaration of Joint Use Driveway Easement C. The Declarant
hereby grants and declares a nonexclusive easement over, along, and across the strip of Lot 2
that is legally described on Exhibit C, attached. (Said easement is referred to in this
Declaration as "Joint Use Driveway Easement C" and said strip of Lot 2 is referred to in this
Declaration as "Joint Use Driveway Easement Strip C," which strip is graphically depicted and
labeled as such in a detail on the top portion of Sheet I of 4 of the Record of Survey.) This
easement is for the following purposes:
(a) Vehicular ingress from East Valley Road to Lot 3 (in common with
vehicular ingress from East Valley Road to Lot 2);
(b) Vehicular egress from Lot 3 to East Valley Road (in common with
vehicular egress from Lot 2 to East Valley Road); and
(c) Maintenance and repair of the portion of the Existing Lot 2 -Lot 3
Common Entrance Driveway lying within Joint Use Driveway
Easement Strip C.
This easement shall (a) run with the land, benefiting Lot 3 and burdening the portion of Lot 2
encompassed by the Joint Use Driveway Easement Strip C, (b) be binding upon the Owner(s)
of the portion of Lot 2 encompassed by Joint Use Driveway Easement Strip B and their
DECLARATION OF EASEMENTS, COVENANTS,
AND AGREEMENT RUNNING WITH THE LAND—Page 10
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respective personal representatives, heirs, successors, and assigns, and (c) inure to the benefit
of the Owner(s) of Lot 3 and their respective personal representatives, heirs, successors, and
assigns.
3.4 Declaration of Joint Use Driveway Easement D. The Declarant
hereby grants and declares a nonexclusive easement over, along, and across the strip of Lot 3
that is legally described on Exhibit D, attached. (Said easement is referred to in this
Declaration as "Joint Use Driveway Easement D" and said strip of Lot 3 is referred to in this
Declaration as "Joint Use Driveway Easement Strip D," which strip is graphically depicted and
labeled as such in a detail on the top portion of Sheet 1 of 4 of the Record of Survey.) This
easement is for the following purposes:
(a) Vehicular ingress from East Valley Road to Lot 2 (in common with
vehicular ingress from East Valley Road to Lot 3);
(b) Vehicular egress from Lot 2 to East Valley Road (in common with
vehicular egress from Lot 3 to East Valley Road); and
(c) Maintenance and repair of the portion of the Existing Lot 2 -Lot 3
Common Entrance Driveway lying within Joint Use Driveway
Easement Strip D.
This easement shall (a) run with the land, benefiting Lot 2 and burdening the portion of Lot 3
encompassed by the Joint Use Driveway Easement Strip D, (b) be binding upon the Owner(s)
of the portion of Lot 3 encompassed by Joint Use Driveway Easement Strip D and their
respective personal representatives, heirs, successors, and assigns, and (c) inure to the benefit
of the Owner(s) of Lot 2 and their respective personal representatives, heirs, successors, and
assigns.
3.5 Relationship Between Joint Use Driveway Easement A and Joint
Use Driveway Easement B. Joint Use Driveway Easement A and Joint Use Driveway
Easement B are together intended to provide for joint use of the Existing Lot 1 -Lot 2 Common
Entrance Driveway so that both (a) the Owner(s) of Lot 1 and their tenants, invitees, and
licensees can use the portions of that existing driveway in both Joint Use Driveway Easement
Strip A and Joint Use Driveway Easement Strip B and (b) the Owner(s) of Lot 2 and their
tenants, invitees, and licensees can use the portions of the existing driveway in both Joint Use
Easement Driveway Strip A and Joint Use Driveway Easement Strip B. (Except as may
otherwise be expressly set forth in this Declaration, the Owner(s) of Lot 3 shall have no right to
make any use of Joint Use Driveway Easement Strip A and Joint Use Driveway Easement Strip
B.)
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AND AGREEMENT RUNNING WITH THE LAND—Page 11
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3.6 Relationship Between Joint Use Driveway Easement C and Joint
Use Driveway Easement D. Joint Use Driveway Easement C and Joint Use Driveway
Easement D are together intended to provide for joint use of the Existing Lot 2 -Lot 3 Common
Entrance Driveway so that both (a) the Owner(s) of Lot 3 and their tenants, invitees, and
licensees can use the portion of the existing driveway in both Joint Use Driveway Easement
Strip C and Joint Use Driveway Easement Strip D and (b) the Owner(s) of Lot 4 and their
tenants, invitees, and licensees can use the portions of the existing driveway in both Joint Use
Driveway Easement Strip C and Joint Use Driveway Easement Strip D. (Except as may
otherwise be expressly set forth in this Declaration, the Owner(s) of Lot 1 shall have no right to
make any use of Joint Use Driveway Easement Strip C and Joint Use Driveway Easement Strip
D.)
3.7 Declaration of Maintenance Covenant Concerning the Portion of
the Existing Lot 1 -Lot 2 Common Entrance Driveway on Lot 1. The Owner(s) of Lot 1,
at their expense, shall have an obligation to the Owner(s) of Lot 2 to maintain and repair
when necessary the portion of the Existing Lot 1 -Lot 2 Common Entrance Driveway in Joint
Use Driveway Easement Strip A so as to keep that portion in good condition. This obligation
shall (a) be deemed to be a covenant running with the land, benefiting Lot 2 and burdening the
portion of Lot 1 encompassed by the Joint Use Driveway Easement Strip A, (b) be binding
upon the Owner(s) of the portion of Lot 1 encompassed by Joint Use Driveway Easement
Strip A and their respective personal representatives, heirs, successors, and assigns, and (c)
inure to the benefit of the Owner(s) of Lot 2 and their respective personal representatives,
heirs, successors, and assigns.
3.8 Declaration of Maintenance Covenant Concerninp_ the Portion of
the Existing Lot 1 -Lot 2 Common Entrance Driveway on Lot 2. The Owner(s) of Lot 2,
at their expense, shall have an obligation to the Owner(s) of Lot 1 to maintain and repair
when necessary the portion of the Existing Lot 1 -Lot 2 Common Entrance Driveway in Joint
Use Driveway Easement Strip B so as to keep that portion in good condition. This obligation
shall (a) be deemed to be a covenant running with the land, benefiting Lot 1 and burdening the
portion of Lot 2 encompassed by the Joint Use Driveway Easement Strip B, (b) be binding
upon the Owner(s) of the portion of Lot 2 encompassed by Joint Use Driveway Easement
Strip B and their respective personal representatives, heirs, successors, and assigns, and (c)
inure to the benefit of the Owner(s) of Lot 1 and their respective personal representatives,
heirs, successors, and assigns.
3.9 Declaration of Maintenance Covenant Concerning the Portion of
the Existing Lot 2 -Lot 3 Common Entrance Driveway on Lot 2. The Owner(s) of Lot 2,
at their expense, shall have an obligation to the Owner(s) of Lot 3 to maintain and repair
when necessary the portion of the Existing Lot 2 -Lot 3 Common Entrance Driveway in Joint
Use Driveway Easement Strip C so as to keep that portion in good condition. This obligation
shall (a) be deemed to be a covenant running with the land, benefiting Lot 3 and burdening the
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AND AGREEMENT RUNNING WITH THE LAND --Page 12
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portion of Lot 2 encompassed by the Joint Use Driveway Easement Strip C, (b) be binding
upon the Owner(s) of the portion of Lot 2 encompassed by Joint Use Driveway Easement
Strip C and their respective personal representatives, heirs, successors, and assigns, and (c)
inure to the benefit of the Owner(s) of Lot 3 and their respective personal representatives,
heirs, successors, and assigns.
3.10 Declaration of Maintenance Covenant Concerning the Portion of
the Existinp—Lot 2 -Lot 3 Common Entrance Driveway on Lot 3. The Owner(s) of Lot 3,
at their expense, shall have an obligation to the Owner(s) of Lot 2 to maintain and repair
when necessary the portion of the Existing Lot 2 -Lot 3 Common Entrance Driveway in Joint
Use Driveway Easement Strip D so as to keep that portion in good condition. This obligation
shall (a) be deemed to be a covenant running with the land, benefiting Lot 2 and burdening the
portion of Lot 3 encompassed by the Joint Use Driveway Easement Strip D, (b) be binding
upon the Owner(s) of the portion of Lot 3 encompassed by Joint Use Driveway Easement
Strip D and their respective personal representatives, heirs, successors, and assigns, and (c)
inure to the benefit of the Owner(s) of Lot 2 and their respective personal representatives,
heirs, successors and assigns.
4. Parking. The existing parking stalls on Lots 1, 2 and 3 are depicted on Sheets 1
of 4 and 2 of 4 of the Record of Survey. An adequate number of existing parking stalls for the
existing office use of the existing building on each Lot lie in each such Lot to comply with
now -current applicable City of Renton parking regulations. Accordingly, no cross -parking
easements are provided in this Declaration and, except to the extent as may otherwise by
specifically provided in this Declaration or in any subsequent document(s) amending this
Declaration, (a) the Owner(s) of Lot 1 and their tenants, invitees, and licensees shall have no
right to use any of the parking stalls or driveways on Lots 2 and 3, (b) the Owners) of Lot 2
and their tenants, invitees, and licensees shall have no right to use any of the parking stalls or
driveways on Lots 1 and 3, and (c) the Owner(s) of Lot 3 and their tenants, invitees, and
licensees shall have no right to use any of the parking stalls or driveways on Lots 1 and 2.
5. Storm Water System and Associated Easements and Maintenance
Covenants.
5.1 Background Information Concerning the Existing Stormwater
Detention Facility. The existing stormwater detention facility [the "Existing Stormwater
Detention Facility", which is comprised of (a) the detention pond (hereinafter referred to as
the "Detention Pond") located in Lot 3 near that lot's south edge, (b) a series of below -
driveway -surface storm drain detention pipes and a series of connecting storm drain
manholes in portions of Lots 1, 2 and 3, and (c) existing drainage swales that straddle
portions of the Property's west (East Valley Road) boundary line] serves the existing
development on all three of the Lots. Sheet 2 of 4 of the Record of Survey depicts and labels
the Detention Pond as a "GRASS LINED DETENTION POND". The Detention Pond is
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depicted on Sheet 2 of 4 of the Record of Survey. Sheet 1 of 4 and Sheet 2 of 4 of the Record
of Survey depict both (a) the aforementioned series of below -driveway -surface storm drain
detention pipes and storm drain manholes and (b) the aforementioned existing drainage
swales (which are simply noted thereon as "SWALE"). The Existing Stormwater Detention
Facility discharges into a public storm drain pipe system located in East Valley Road to the
west of Building B's west entrance.
5.2 Background Information Concerninp, the Series of Common Storm
Drains That Are Tributary to and/or Part of the Existing Stormwater Detention
Facili . An existing catch basin is currently located in the existing concrete patio lying
between Building A and Building B at a point on the Lot 1 -Lot 2 common lot line. (See the
depiction of the location of that catch basin in the patio on Sheets 1 of 4 and 3 of 4 of the
Record of Survey.) That existing catch basin, which accepts stormwater runoff from a portion
of Lot 2 and from a portion of Lot 1, is the uppermost point of the common storm drain systema
lying anywhere in Lots 1 or 2. That existing catch basin is connected to a storm drain that
extends generally west-northwest into Lot 1, where the storm drain connects into an existing
(downstream) storm drain manhole ("Storm Drain Manhole 1"). (An easement for the portion
of that existing catch basin and storm drain in Lot 1 and an easement for the portion of that
existing catch basin and storm drain in Lot 2 are the subjects of Section 5.6, below.)
Storm Drain Manhole I in turn connects to a series of storm drains and storm
drain manholes to the south that are components of the Existing Stormwater Detention Facility,
a series that (a) extends south to the Lot 1 -Lot 2 common boundary (an easement for Storm
Drain Manhole 1 and the portion of that series to the south in Lot l down to the Lot 1 -Lot 2
common boundary is the subject of Section 5.8, below), (b) then continues generally south in a
portion of Lot 2 (an easement for the portion of that series in Lot 2 is the subject of Section 5.9,
below) and (c) then continues further generally south in a portion of Lot 3 connecting with the
Detention Pond at the pond's west end (an easement for the portion of that series in Lot 3 is the
subject of Section 5.10, below).
Within Lot 2's paved drive aisle to the west of Building B's west -facing
building entrance, one of the manholes in the above-described series of storm drains and storm
drain manholes (said manhole is hereinafter referred to as the "Central Storm Manhole" and
labeled as such on Sheet I of 4 of the Record of Survey) has a discharge pipe that extends to the
west into an interconnected system of storm drain manholes (one of which includes a discharge
rate control restrictor), storm drains, and an oil/water separator (those storm drain manholes and
storm drains and that oil/water separator are collectively referred to herein as the "Storm
Drainage Discharge System"), including an ultimate discharge storm drain that connects into a
public storm drain pipe system located in East Valley Road. [An easement for the Storm
' The phrase "common storm drain system" as used in this Declaration refers to the portion(s) of the storm drain
system intended to convey and/or detain stormwater runoff generated by more than just one of the Lots.
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AND AGREEMENT RUNNING WITH THE LAND—Page 14
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Drainage Discharge System (beginning with the Central Storm Manhole and extending to East
Valley Road) is the subject of Section 5.11, below.]
5.3 Background Information Concerning a Separate Storm Drain
Convening Storm_ Water From a Portion of Lot 2 to Storm Drain Manhole 1. A storm
drain that conveys storm water runoff only from a portion of Lot 2 lies beneath and generally
across the northwesterly portion of Lot 2, as well as beneath and across a portion of Lot 1
where that storm drain makes a discharge connection with Storm Drain Manhole 1. (An
easement for the portion of that storm drain in Lot 1 is the subject of Section 5.7, below.)
5.4 Background Information Concerning Separate Storm Drains That
Are Also Tributary to the Detention Pond. A separate storm drain beneath the parking lot
lying to the east side of Building C connects at a storm drain manhole with yet another separate
storm drain that exists beneath roughly the easterly half of the parking lot south of Building C.
A discharge storm drain extends to the southwest from that storm drain manhole and connects
to the Detention Pond at the pond's northeasterly corner as generally depicted on Sheet 2 of 4
of the Record of Survey. (No storm drain easements are necessary or provided in regard to the
storm drains described in this Section 5.4 because they receive and convey storm water runoff
from Lot 3 only, not runoff from Lots l or 2.)
5.5 Declaration of Detention Pond Easement and Maintenance
Covenant. The Declarant hereby grants and declares both:
(A) A nonexclusive easement over, along, and across the portion of
Lot 3 (the "Detention Pond Easement Area") that is legally described on Exhibit
E- 1, attached (said easement is referred to in this Declaration as the "Detention
Pond Easement") for the use, inspection, maintenance, and repair of the
Detention Pond for the benefit of Lots l and 2 in common with Lot 3's use,
inspection, maintenance, and repair of the Detention Pond; and
(B) A nonexclusive easement over, along, and across the portion of
Lot 3 (the "Detention Pond Access Easement Area") that is legally described on
Exhibit E-2, attached (said easement is referred to in this Declaration as the
"Detention Pond Access Easement") for access to and from the Detention Pond
for inspection, maintenance, and repair of the pond for the benefit of Lots l and
2 [and because the Detention Pond Access Easement Area crosses two existing
parking stalls, at least ten (10) business days' prior written notice shall be
provided to the Owner(s) of Lot 3 concerning any planned access for Detention
Pond maintenance or repairb, such notice must state the period of the planned
b No prior written notice is required for access for inspection only; PROVIDED, HOWEVER, that, in the event
that the two parking stalls within the Detention Pond Access Easement Area are occupied by parked vehicles at
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access (not to exceed ten (10) consecutive days), and the Owner(s) of Lot 3
shall be responsible to make sure that no vehicles are parked in the Detention
Pond Access Strip during those specified periods of time, failing which, the
Owner(s) of Lot l and/or the Owner(s) of Lot 2, as the case may be, shall be
entitled to have any vehicles parked in the Detention Pond Access Strip towed
to an impoundment yard at the risk and expense of the Owner(s) of Lot 3];
PROVIDED, HOWEVER, that:
(1) The Owner(s) of Lot 3 shall have the right at any time upon the prior
approval of the City of Renton to modify or eliminate the Detention
Pond and modify or eliminate the existing paved access to the Detention
Pond in the Detention Pond Access Easement Area if and to the extent
that:
(a) the modification of or a substitute for the Detention Pond is
provided either in the Detention Pond Easement Area or
elsewhere in Lot 3 so that adequate stormwater detention
capability is provided for the existing development on Lots 1
and 2 and for any modifications to the existing development on
Lot 3;
(b) the modified or substitute stormwater detention facility is
designed with a minimum 15 -foot -wide paved access strip from
East Valley Road to the edge of the facility for maintenance
purposes (or, if wider, such minimum paved access strip as the
City of Renton may require); and
(c) the design of the modified or substitute system and paved access
strip is approved by the City of Renton; and
(2) if and to the extent that the modification of or substitution for the
Detention Pond is provided elsewhere in Lot 3 and if the completed
construction of the modification or substitution and the paved access
strip to it have been approved by the City of Renton, then the Owner(s)
of Lot 3 shall immediately execute and have acknowledged (and shall
cause the holders of any mortgagees, deed of trust beneficiaries, or other
lien holders having an interest in Lot 3 to execute as to their consent and
have acknowledged) and then record with the King County Recorder an
the time of inspection, only pedestrian access for inspection shall be authorized by the Detention Pond Access
Easement and the parked vehicles in those two stalls shall not be disturbed in any way by the access.
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instrument (a) amending the Detention Pond Easement to relocate the
Detention Pond Easement Area for the benefit of Lots 1 and 2 over,
under, along, and across the area encompassing and extending a
minimum of five (5) feet around the outer perimeter of the modified or
substitute stormwater detention system element(s) and/or (b) amending
the Detention Pond access Easement to relocate the Detention Pond
Access Easement Area for the benefit of Lots 1 and 2 over, under,
along, and across an area encompassing and extending a minimum of
two (2) feet around the outer perimeter of the paved access strip to the
edge of the relocated Detention Pond Easement Area, as the case may
be, each of which areas shall be legally described in a legal description
and depicted on a sketch prepared by a land surveyor duly licensed by
the State of Washington and attached to the relocation instrument.
Subject to the terms of the above -stated proviso, this easement shall (a) run
with the land, benefiting Lots I and 2 and burdening the portions of Lot 3 encompassed by
the Detention Pond Easement Area and the Detention Pond Access Easement Area, (b) be
binding upon the Owner(s) of the portion of Lot 3 encompassed by the Detention Pond
Easement Area and the Detention Pond Access Easement Area and those Owner(s)' respective
personal representatives, heirs, successors, and assigns, and (c) inure to the benefit of the
Owner(s) of Lots 1 and 2 and their respective personal representatives, heirs, successors, and
assigns.
In addition, the Declarant hereby declares a maintenance covenant obligating
the Owner(s) of Lot 3, at their expense, to maintain and repair as necessary the Detention Pond
(and any modification(s) or substitute(s) thereto) to keep it (and any modification(s) or
substitute(s) thereto) in proper working order. This covenant shall (a) run with the land,
benefiting Lots 1 and 2 and burdening Lot 3, (b) be binding upon the Owner(s) of Lot 3 and
their respective personal representatives, heirs, successors, and assigns, and (c) inure to the
benefit of the Owner(s) of Lots 1 and 2 and their respective personal representatives, heirs,
successors, and assigns.
5.6 Declarations of Storm Drain Easement A-1 (Across a Portion of
Lot- 1), Storm Drain Easement A-2 (Across a Portion of Lot 2), and Related
Maintenance Covenant. The Declarant hereby grants and declares a nonexclusive easement
over, under, along, and across the 10 -foot -wide strip of a portion of Lot I (hereinafter "Storm
Drain Easement Strip A-1") that is legally described on Exhibit F-1, attached, and depicted on
Sheet 3 of 4 of the Record of Survey (said easement is referred to in this Declaration as "Storm
Drain Easement A-1") for the use, maintenance, and repair of the common catch basin and
underground storm drain referred to in the first paragraph of Section 5.2, above, that lie within
Storm Drain Easement Strip A-1 for the benefit of Lot 2 in common with Lot 1's use,
maintenance, and repair thereof, PROVIDED, HOWEVER, that:
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(1) The Owner(s) of Lot 1 shall have the right at any time, upon the prior
written approval of the City of Renton, to install a substitute catch basin
and storm drain system within Storm Drain Easement Strip A-1 (or
elsewhere within Lot 1) that will accept and convey the stormwater from
the portion of Lot 2 that currently drains into Lot I if:
(a) the substitute system is designed to accept and convey the
stormwater from Lot 2 that drains into the existing catch basin at
the east end of Storm Drain Easement Strip A-1;
(b) the substitute system discharges into Storm Drain Manhole 1;
(c) the substitute system lies beneath a paved area; and
(d) construction drawings for the design of the substitute system have
been approved by the City of Renton; and
(2) If the substitute catch basin and storm drain system is located elsewhere
in Lot 1 and if the completed construction of the substitute system has
been approved by the City of Renton, then the Owner(s) of Lot I shall
immediately execute and have acknowledged (and shall cause the
holders of any mortgages, any deed of trust beneficiaries, or any other
lien holders having an interest in Lot 1 to execute as to their consent and
have acknowledged) and then record with the King County Recorder an
instrument amending Storm Drain Easement A-1 to relocate Storm Drain
Easement Strip A-1 for the benefit of Lot 2 to a location over, under,
along, and across the 10 -foot -wide strip of Lot I that is centered along
the substitute storm drain(s) comprising the system, which strip shall be
legally described in a legal description and depicted on a sketch prepared
by a land surveyor duly licensed by the State of Washington and attached
to the relocation instrument.
Subject to the above -stated proviso, this easement shall (a) run with the land,
benefiting Lot 2 and burdening the portion of Lot 1 encompassed by Storm Drain Easement
Strip A-1, (b) be binding upon the Owner(s) of the portion of Lot 1 encompassed by Storm
Drain Easement Strip A-1 and their respective personal representatives, heirs, successors, and
assigns, and (c) inure to the benefit of the Owner(s) of Lot 2 and their respective personal
representatives, heirs, successors, and assigns.
In addition, the Declarant hereby grants and declares a nonexclusive easement
over, under, along, and across the portion of Lot 2 (hereinafter "Stone Drain Easement Strip A -
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2") that is legally described on Exhibit F-2, attached, and depicted on Sheet 3 of 4 of the
Record of Survey (said easement is referred to in this Declaration as "Storm Drain Easement A-
2") for the use, maintenance, and repair of the common catch basin and underground storm
drain referred to in the first paragraph of Section 5.2, above, that lie in Storm Drain Easement
Strip A-2 for the benefit of Lot 1 in common with Lot 2's use, maintenance, and repair thereof.
This easement shall (a) run with the land, benefiting Lot 1 and burdening the portion of Lot 2
encompassed by Storm Drain Easement Strip A-2, (b) be binding upon the Owner(s) of the
portion of Lot 2 encompassed by Storm Drain Easement Strip A-2 and their respective
personal representatives, heirs, successors, and assigns, and (c) inure to the benefit of the
Owner(s) of Lot I and their respective personal representatives, heirs, successors, and
assigns.
Further, the Declarant hereby declares a maintenance covenant obligating the
Owner(s) of Lot 1, at their expense, to maintain and repair as necessary the underground storm
drain pipes and appurtenances in Storm Drain Easement Strips A-1 and A-2 (and any
relocation(s) thereof) to keep those pipes and appurtenances (and any modification(s) or
substitute(s) thereto) in proper working order (including, without limitation, any of the
Property's required stormwater detention volume provided thereby). This covenant shall (a)
run with the land, benefiting Lots 2 and 3 and burdening Lot 1, (b) be binding upon the
Owner(s) of Lot 1 and their respective personal representatives, heirs, successors, and
assigns, and (c) inure to the benefit of the Owner(s) of Lots 2 and 3 and their respective
personal representatives, heirs, successors, and assigns.
5.7 Declaration of Storm Drain Easement B (Across a Portion of Lot
1) and Related Maintenance Covenant. The Declarant hereby grants and declares a
noncxclusive easement over, under, along, and across the 10 -foot -wide strip of a portion of Lot
1 (hereinafter "Storm Drain Easement Strip B") that is legally described on Exhibit G, attached,
and depicted on Sheet 3 of 4 of the Record of Survey (said easement is referred to in this
Declaration as "Storm Drain Easement B") for the use, maintenance, and repair of the catch
basin and underground storm drain referred to in Section 5.3, above, that lie in Storm Drain
Easement Strip B for the benefit of Lot 2. This easement shall (a) run with the land, benefiting
Lot 2 and burdening the portion of Lot 1 encompassed by Storm Drain Easement Strip B, (b)
be binding upon the Owner(s) of the portion of Lot 1 encompassed by Storm Drain Easement
Strip B and their respective personal representatives, heirs, successors, and assigns, and (c)
inure to the benefit of the Owner(s) of Lot 2 and their respective personal representatives,
heirs, successors, and assigns.
In addition, the Declarant hereby declares a maintenance covenant obligating
the Owner(s) of Lot 1, at their expense, to maintain and repair as necessary the underground
storm drain pipe and appurtenances in Storm Drain Easement Strip B (and any relocation(s)
thereof) to keep that pipe and appurtenances (and any modification(s) or substitute(s) thereto)
in proper working order (including, without limitation, any of the Property's required
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stormwater detention volume provided thereby). This covenant shall (a) run with the land,
benefiting Lots 2 and 3 and burdening Lot 1, (b) be binding upon the Owner(s) of Lot 1 and
their respective personal representatives, heirs, successors, and assigns, and (c) inure to the
benefit of the Owner(s) of Lots 2 and 3 and their respective personal representatives, heirs,
successors, and assigns.
5.8 Declaration of Storm Drain Easement C (Across a Portion of Lot
1) and Related Maintenance Covenant. The Declarant hereby grants and declares a
nonexclusive casement over, under, along, and across the 15 -foot -wide strip of a portion of Lot
1 (hereinafter "Storm Drain Easement Strip C") that is legally described on Exhibit H, attached,
and depicted on Sheet 3 of 4 of the Record of Survey (said easement is referred to in this
Declaration as "Storm Drain Easement C") for the use (including, without limitation, the use
for stormwater conveyance and detention purposes), maintenance, and repair of Storm Drain
Manhole 1 and the underground storm drain referred to in clause (a) of the second paragraph of
Section 5.2, above, that lie in Storm Drain Easement Strip C for the benefit of Lots 2 and 3 in
common with Lot l's use, maintenance, and repair thereof; PROVIDED, HOWEVER, that:
(1) The Owner(s) of Lot 1 (with the prior written consent of the Owner(s) of
Lot 2) shall have the right at any time, upon the prior written approval of
the City of Renton, to install in Storm Drain Easement Strip C or
elsewhere in Lot 1 a substitute storm drain manhole and underground
storm drain and/or other suitable drainage system elements to replace
existing Storm Drain Manhole 1 and the existing underground storm
drain in Storm Drain Easement Strip C if:
(a) the substitute storm drain manhole and underground storm drain
and/or other suitable drainage system elements are properly
designed to accept and convey the stormwater from Lots 1, 2 and
3 tributary to and maintaining a connection at the existing storm
drain lying at the extreme north end of Storm Drain Easement
Strip D (a strip of Lot 2 that is described in Section 5.9, below);
(b) the substitute storm drain manhole and underground storm drain
and/or other suitable drainage system elements are designed to be
located in a paved area that will afford reasonable access thereto
for maintenance and repair purposes;
(c) adequate detention volume is provided to (i) replace the existing
detention volume provided by Storm Drain Manhole 1 and the
existing underground storm drain in Storm Drain Easement Strip
C and (ii) fulfill any additional detention volume requirement
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specified by the City of Renton on account of any modifications
to the existing development on Lot 1; and
(d) construction drawings for the design of the substitute storm drain
manhole and underground storm drain and/or other suitable
drainage system elements and the paved access area have been
approved by the City of Renton; and
(2) If the substitute storm drain manhole and underground storm drain and/or
other suitable drainage system elements are located elsewhere in Lot 1,
and if the completed construction of the substitute storm drain manhole
and underground storm drain and/or other suitable drainage system
elements and of the paved access area has been approved by the City of
Renton, then, then the Owner(s) of Lot 1 shall immediately execute and
have acknowledged (and shall cause the holders of any mortgages, any
deed of trust beneficiaries, or any other lien holders having an interest in
Lot 1 to execute as to their consent and have acknowledged) and then
record with the King County Recorder an instrument amending Storm
Drain Easement C to relocate Storm Drain Easement Strip C for the
benefit of Lots 2 and 3 over, under, along, and across the area in Lot l
encompassing and extending across a strip of land that is a minimum of
five (5) feet around the outer perimeter of the layout of the substitute
storm drain manhole and underground storm drain and/or other suitable
drainage system elements (but in no event less than 15 feet in width),
which strip shall be legally described in a legal description and depicted
on a sketch prepared by a land surveyor duly licensed by the State of
Washington and attached to the relocation instrument.
Subject to the above -stated proviso, this easement shall (a) run with the land,
benefiting Lots 2 and 3 and burdening the portion of Lot 1 encompassed by Storm Drain
Easement Strip C, (b) be binding upon the Owner(s) of the portion of Lot 1 encompassed by
Storm Drain Easement Strip C and their respective personal representatives, heirs, successors,
and assigns, and (c) inure to the benefit of the Owner(s) of Lots 2 and 3 and their respective
personal representatives, heirs, successors, and assigns.
In addition, the Declarant hereby declares a maintenance covenant obligating
the Owner(s) of Lot 1, at their expense, to maintain and repair as necessary the underground
storm drain pipe and appurtenances in Storm Drain Easement Strip C (and any relocation(s)
thereof) to keep that pipe and appurtenances (and any modification(s) or substitute(s) thereto)
in proper working order (including, without limitation, any of the Property's required
stormwater detention volume provided thereby). This covenant shall (a) run with the land,
benefiting Lots 2 and 3 and burdening Lot 1, (b) be binding upon the Owner(s) of Lot I and
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their respective personal representatives, heirs, successors, and assigns, and (c) inure to the
benefit of the Owner(s) of Lots 2 and 3 and their respective personal representatives, heirs,
successors, and assigns.
5.9 Declaration of Storm Drain Easement D (Across a Portion of Lot
2) and Related Maintenance Covenant. The Declarant hereby grants and declares a
nonexclusive easement over, under, along, and across the 15 -foot -wide strip of a portion of Lot
2 (hereinafter "Storm Drain Easement Strip D") that is legally described on Exhibit I, attached,
and depicted on Sheet 3 of 4 of the Record of Survey (said easement is referred to in this
Declaration as "Storm Drain Easement D") for the use (including, without limitation, the use
for stormwater conveyance and detention), maintenance, and repair of the common storm
manholes and underground storm drains referred to in clause (b) of the second paragraph of
Section 5.2, above, that lie in Storm Drain Easement Strip D for the benefit of Lots 1 and 3 in
common with Lot 2's use, maintenance, and repair thereof; PROVIDED, HOWEVER, that:
(1) The Owner(s) of Lot 2 shall have the right at any time, upon the prior
written approval of the City of Renton, to install in Storm Drain
Easement Strip D (or elsewhere in Lot 2) substitute storm drain manholes
and underground storm drains and/or other suitable drainage system
elements to replace the existing storm drain manholes and underground
storm drains in Storm Drain Easement Strip D if:
(a) the substitute storm drain manholes and underground storm
drains and/or other suitable drainage system elements are
properly designed to accept and convey the stormwater from Lots
1, 2 and 3 tributary to and maintaining a connection with both (i)
the existing storm drain at the extreme south end of Storm Drain
Easement Strip C (a strip of Lot 1 that is described in Section 5.8,
above) and (ii) the existing storm drain at the extreme north end
of Storm Drain Easement Strip E (a strip of Lot 3 that is
described in Section 5. 10, below);
(b) the substitute storm drain manholes and underground storm
drains and/or other suitable drainage system elements are
designed to be located in a paved area that will afford reasonable
access thereto for maintenance and repair purposes;
(c) adequate detention volume is provided to (i) replace the existing
detention volume provided by the existing storm drain manholes
and the existing underground storm drains in Storm Drain
Easement Strip D and (ii) fulfill any additional detention volume
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AND AGREEMENT RUNNING WITH THE LAND—Page 22
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requirements specified by the City of Renton on account of any
modifications to the existing development on Lot 2; and
(d) construction drawings for the design of the substitute storm drain
manholes and underground storm drains and/or other suitable
drainage system elements and the paved access area have been
approved by the City of Renton; and
(2) If the substitute storm drain manholes and underground storm drains
and/or other suitable drainage system elements are located elsewhere in
Lot 2 and if the completed construction of the substitute storm drain
manholes and underground storm drains and/or other suitable drainage
system elements and of the paved access area has been approved by the
City of Renton, then the Owner(s) of Lot 2 shall immediately execute
and have acknowledged (and shall cause the holders of any mortgages,
any deed of trust beneficiaries, or any other lien holders having an
interest in Lot 2 to execute as to their consent and have acknowledged)
and then record with the King County Recorder an instrument amending
Storm Drain Easement D to relocate Storm Drain Easement Strip D for
the benefit of Lots l and 3 over, under, along, and across the area in Lot
2 encompassing and extending across a strip of land that is a minimum of
five (5) feet around the outer perimeter of the substitute storm drain
manholes and underground storm drains and/or other suitable drainage
system elements (but in no event less than 15 feet in width), which strip
shall be legally described in a legal description and depicted on a sketch
prepared by a land surveyor duly licensed by the State of Washington
and attached to the relocation instrument.
Subject to the above -stated proviso, this easement shall (a) run with the land,
benefiting Lots 1 and 3 and burdening the portion of Lot 2 encompassed by Storm Drain
Easement Strip D, (b) be binding upon the Owner(s) of the portion of Lot 2 encompassed by
Storm Drain Easement Strip D and their respective personal representatives, heirs, successors,
and assigns, and (c) inure to the benefit of the Owner(s) of Lot 1 and the Owner(s) of Lot 3
and their respective personal representatives, heirs, successors, and assigns.
In addition, the Declarant hereby declares a maintenance covenant obligating
the Owner(s) of Lot 2, at their expense, to maintain and repair as necessary the underground
storm drain pipes and appurtenances in Storm Drain Easement Strip D (and any relocation(s)
thereof) to keep those pipes and appurtenances (and any modification(s) or substitute(s)
thereto) in proper working order (including, without limitation, any of the Property's required
stormwater detention volume provided thereby). This covenant shall (a) run with the land,
benefiting Lots 1 and 3 and burdening Lot 2, (b) be binding upon the Owner(s) of Lot 2 and
DECLARATION OF EASEMENTS, COVENANTS,
AND AGREEMENT RUNNING WITH THE LAND—Page 23
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their respective personal representatives, heirs, successors, and assigns, and (c) inure to the
benefit of the Owner(s) of Lots 1 and 3 and their respective personal representatives, heirs,
successors, and assigns.
5.10 Declaration of Storm Drain Easement E (Across a Portion of Lot
3) and Related Maintenance Covenant. The Declarant hereby grants and declares a
nonexclusive easement over, under, along, and across the 15 -foot -wide strip of a portion of Lot
3 (hereinafter "Storm Drain Easement Strip E") that is legally described on Exhibit J, attached,
and depicted on Sheet 3 of 4 of the Record of Survey (said easement is referred to in this
Declaration as "Storm Drain Easement E") for the use (including, without limitation, the use for
stormwater conveyance and detention), maintenance, and repair of the common storm
manholes and underground storm drains referred to in clause (c) of the second paragraph of
Section 5.2, above, that lie in Storm Drain Easement Strip E for the benefit of Lots 1 and 2 in
common with Lot 3's use, maintenance, and repair thereof; PROVIDED, HOWEVER, that:
(1) The Owner(s) of Lot 3 shall have the right at any time, upon the prior
written approval of the City of Renton, to install in Storm Drain
Easement Strip E (or elsewhere in Lot 3) substitute storm drain manholes
and underground storm drains and/or other suitable drainage system
elements to replace the existing storm drain manholes and underground
storm drains in Storm Drain Easement Strip E if:
(a) the substitute storm drain manholes and underground storm
drains and/or other suitable drainage system elements are
properly designed to accept and convey the stonnwater from Lots
1, 2 and 3 tributary to and maintaining a connection with the
existing storm drain at the extreme south end of Storm Drain
Easement Strip D (a strip of Lot 2 that is described in Section 5.9,
above);
(b) the substitute storm drain manhole and underground storm drain
and/or other suitable drainage system elements are designed to be
located in a paved area that will afford reasonable access thereto
for maintenance and repair purposes;
(c) adequate detention volume is provided to (i) replace the existing
detention volume provided by the existing storm drain manholes
and the existing underground storm drains in Storm Drain
Easement Strip E and (ii) provide any additional detention
volume required by the City of Renton on account of any
modifications to the existing development on Lot 3; and
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AND AGREEMENT RUNNING WITH THE LAND—Page 24
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(d) construction drawings for the design of the substitute storm drain
manholes and underground storm drains and/or other suitable
drainage system elements and paved access area have been
approved by the City of Renton; and
(2) If the substitute storm drain manholes and underground storm drains
and/or other suitable drainage system elements are located elsewhere in
Lot 3 and if the completed construction of the substitute storm drain
manholes and underground storm drains and/or other suitable drainage
system elements has been approved by the City of Renton, then the
Owner(s) of Lot 3 shall immediately execute and have acknowledged
(and shall cause the holders of any mortgages, any deed of trust
beneficiaries, or any other lien holders having an interest in Lot 3 to
execute as to their consent and have acknowledged) and then record with
the King County Recorder an instrument amending Storm Drain
Easement E to relocate Storm Drain Easement Strip E for the benefit of
Lots 1 and 2 over, under, along, and across the area in Lot 3
encompassing and extending across a strip of land that is a minimum of
five (5) feet around the outer perimeter of the substitute storm drain
manholes and underground storm drains and/or other suitable drainage
system elements (but in no event less than 15 feet in width), which strip
shall be legally described in a legal description and depicted on a sketch
prepared by a land surveyor duly licensed by the State of Washington
and attached to the relocation instrument.
Subject to the above -stated proviso, this easement shall (a) run with the land,
benefiting Lots 1 and 2 and burdening the portion of Lot 3 encompassed by Storm Drain
Easement Strip E, (b) be binding upon the Owner(s) of the portion of Lot 3 encompassed by
Storm Drain Easement Strip E and their respective personal representatives, heirs, successors,
and assigns, and (c) inure to the benefit of the Owner(s) of Lot I and the Owner(s) of Lot 2
and their respective personal representatives, heirs, successors, and assigns.
In addition, the Declarant hereby declares a maintenance covenant obligating
the Owner(s) of Lot 3, at their expense, to maintain and repair as necessary the underground
storm drain pipes and appurtenances in Storm Drain Easement Strip E (and any relocation(s)
thereof) to keep those pipes and appurtenances (and any modification(s) or substitute(s)
thereto) in proper working order (including, without limitation, any of the Property's required
stormwater detention volume provided thereby). This covenant shall (a) run with the land,
benefiting Lots 1 and 2 and burdening Lot 3, (b) be binding upon the Owner(s) of Lot 3 and
their respective personal representatives, heirs, successors, and assigns, and (c) inure to the
benefit of the Owner(s) of Lots 1 and 2 and their respective personal representatives, heirs,
successors, and assigns.
DECLARATION OF EASEMENTS, COVENANTS,
AND AGREEMENT RUNNING WITH THE LAND—Page 25
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5.11 Declaration of Storm Drain Easement F (Across a Portion of Lot 2)
and Related Maintenance Covenant. The Declarant hereby grants and declares a
nonexclusive easement over, under, along, and across the portion of Lot 2 (hereinafter "Storm
Drain Easement Area F") that is legally described on Exhibit K, attached, and depicted on
Sheet 3 of 4 of the Record of Survey (said easement is referred to in this Declaration as "Storm
Drain Easement F") for the use (including, without limitation, the use for stormwater
conveyance, detention and oil/water separation purposes), maintenance, and repair of the
common storm manholes and underground storm drains and oil/water separator referred to in
the third paragraph of Section 5.2, above, that lie in Storm Drain Easement Area F for the
benefit of Lots 1 and 3 in common with Lot 2's use, maintenance, and repair thereof,
PROVIDED, HOWEVER, that:
(1) The Owner(s) of Lot 2 shall have the right at any time, upon the prior
written approval of the City of Renton, to install in Storm Drain
Easement Area F (or elsewhere in Lot 2) substitute storm drain
manholes, underground storm drains, oil/water separator(s), and/or other
suitable drainage system elements to replace the existing common storm
manholes and underground storm drains and oil/water separator in Storm
Drain Easement Area F if:
(a) the substitute storm drain manholes, underground storm drains,
oil/water separator(s), and/or other suitable drainage system
elements are properly designed to accept and convey the
stormwater from Lots 1, 2, and 3 tributary to and maintaining a
connection with both (i) the existing storm drain at the extreme
south end of Storm Drain Easement Strip C (a strip of Lot 1 that
is described in Section 5.8, above) and (ii) the existing storm
drain at the extreme north end of Storm Drain Easement Strip E
(a strip of Lot 3 that is described in Section 5. 10, above);
(b) the substitute storm drain manholes, underground storm drains,
oil/water separator(s) and/or other suitable drainage system
elements are designed to be located in a paved area that will
afford reasonable access thereto for maintenance and repair
purposes;
(c) adequate detention volume is provided to (i) replace the existing
detention volume provided by the existing storm drain manholes
and the existing underground storm drains in Storm Drain
Easement Area F and (ii) fulfill any additional detention volume
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AND AGREEMENT RUNNING WITH THE LAND—Page 26
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requirements specified by the City of Renton on account of any
modifications to the existing development on Lot 2; and
(d) construction drawings for the design of the substitute storm drain
manholes, underground storm drains, oil/water separator(s)
and/or other suitable drainage system elements and the paved
access area have been approved by the City of Renton; and
(2) If the substitute storm drain manholes, underground storm drains,
oil/water separator(s) and/or other suitable drainage system elements are
located elsewhere in Lot 2 and if the completed construction of the
substitute storm drain manholes, underground storm drains, oil/water
separator(s), and/or other suitable drainage system elements and of the
paved access area has been approved by the City of Renton, then the
Owner(s) of Lot 2 shall immediately execute and have acknowledged
(and shall cause the holders of any mortgages, any deed of trust
beneficiaries, or any other lien holders having an interest in Lot 2 to
execute as to their consent and have acknowledged) and then record with
the King County Recorder an instrument amending Storm Drain
Easement F to relocate Storm Drain Easement Area F for the benefit of
Lots 1 and 3 over, under, along, and across the area in Lot 2
encompassing and extending a minimum of five (5) feet around the outer
perimeter of the substitute storm drain manholes, underground storm
drains, oil/water separator(s), and/or other suitable drainage system
elements, which area shall be legally described in a legal description and
depicted on a sketch prepared by a land surveyor duly licensed by the
State of Washington and attached to the relocation instrument.
Subject to the above -stated proviso, this easement shall (a) run with the land,
benefiting Lots 1 and 3 and burdening the portion of Lot 2 encompassed by Storm Drain
Easement Area F, (b) be binding upon the Owner(s) of the portion of Lot 2 encompassed by
Storm Drain Easement Area F and their respective personal representatives, heirs, successors,
and assigns, and (c) inure to the benefit of the Owner(s) of Lot l and the Owner(s) of Lot 3
and their respective personal representatives, heirs, successors, and assigns.
In addition, the Declarant hereby declares a maintenance covenant obligating
the Owner(s) of Lot 2, at their expense, to maintain and repair as necessary the underground
storm drain pipes, and oil/water separator, and other appurtenances in Storm Drain Easement
Area F (and any relocation(s) thereof) to keep those pipes, that and oil/water separator, and all
other appurtenances (and any modification(s) or substitute(s) thereto) in proper working order
(including, without limitation, any of the Property's required stormwater detention volume
provided thereby). This covenant shall (a) run with the land, benefiting Lots I and 3 and
DECLARATION OF EASEMENTS, COVENANTS,
AND AGREEMENT RUNNING WITH THE LAND—Page 27
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burdening Lot 2, (b) be binding upon the Owner(s) of Lot 2 and their respective personal
representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of
Lots 1 and 3 and their respective personal representatives, heirs, successors, and assigns.
5.12 Declaration of Covenant to Maintain Lot 1's Existing East Valley
Road Frontage Swales and Any Other of Lot 1's Storm Drains. The Owner(s) of Lot 1, at
their expense, shall have an obligation to the Owner(s) of Lots 2 and 3 to maintain and repair
when necessary both (a) the drainage swales that straddle portions of Lot 1's west (East
Valley Road) boundary line and (b) any other underground storm drains and appurtenances
thereto in Lot 1 not otherwise subject to a maintenance and repair covenant under this
Declaration so as to continue to provide the portion of the stormwater detention volume for
the Property allocated by the Property's drainage system design on file with the City of
Renton; PROVIDED, HOWEVER, that the Owner(s) of Lot l shall have the right at any time,
upon the prior written approval of the City of Renton, to eliminate such swales and such other
underground storm drains and appurtenances thereto and provide elsewhere in Lot I substitute
stormwater detention volume by swale or other means approved by the City of Renton and, in
such event, the Owner(s) of Lot 1, at their expense, shall have an obligation to the Owner(s)
of Lots 2 and 3 to maintain and repair when necessary the drainage system elements that
provide the substitute stormwater detention volume.
Subject to the above -stated proviso, this covenant shall (a) run with the land,
benefiting Lots 2 and 3 and burdening Lot 1, (b) be binding upon the Owner(s) of Lot 1 and
their respective personal representatives, heirs, successors, and assigns, and (c) inure to the
benefit of the Owner(s) of Lot 2 and the Owner(s) of Lot 3 and their respective personal
representatives, heirs, successors, and assigns.
5.13 Declaration of Covenant to Maintain Lot 2's Existine East Valle
Road Frontage Swales and Any Other of Lot 2's Storm Drains. The Owner(s) of Lot 2, at
their expense, shall have an obligation to the Owner(s) of Lots 1 and 3 to maintain and repair
when necessary both (a) the drainage swales that straddle portions of Lot 2's west (East
Valley Road) boundary line and (b) any other underground storm drains and appurtenances
thereto in Lot 2 not otherwise subject to a maintenance and repair covenant under this
Declaration so as to continue to provide the portion of the stormwater detention volume for
the Property allocated by the Property's drainage system design on file with the City of
Renton; PROVIDED, HOWEVER, that the Owner(s) of Lot 2 shall have the right at any time,
upon the prior written approval of the City of Renton, to eliminate such swales and such other
underground storm drains and appurtenances thereto and provide elsewhere in Lot 2 substitute
stormwater detention volume by swale or other means approved by the City of Renton and, in
such event, the Owner(s) of Lot 2, at their expense, shall have an obligation to the Owner(s)
of Lots 1 and 3 to maintain and repair when necessary the drainage system elements that
provide the substitute stormwater detention volume.
DECLARATION OF EASEMENTS, COVENANTS,
AND AGREEMENT RUNNING WITH THE LAND—Page 28
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Subject to the above -stated proviso, this covenant shall (a) run with the land,
benefiting Lots 1 and 3 and burdening Lot 2, (b) be binding upon the Owner(s) of Lot 2 and
their respective personal representatives, heirs, successors, and assigns, and (c) inure to the
benefit of the Owner(s) of Lot 1 and the Owner(s) of Lot 3 and their respective personal
representatives, heirs, successors, and assigns.
5.14 Declaration of Covenant to Maintain Lot 3's Existina East Valley
Road Frontage Swales and Any Other of Lot 3's Storm Drains. The Owner(s) of Lot 3, at
their expense, shall have an obligation to the Owner(s) of Lots 1 and 2 to maintain and repair
when necessary both (a) the drainage swales that straddle portions of Lot 3's west (East
Valley Road) boundary line and (b) any other underground storm drains and appurtenances
thereto in Lot 3 not otherwise subject to a maintenance and repair covenant under this
Declaration so as to continue to provide the portion of the stormwater detention volume for
the Property allocated by the Property's drainage system design on file with the City of
Renton; PROVIDED, HOWEVER, that the Owner(s) of Lot 3 shall have the right at any time,
upon the prior written approval of the City of Renton, to eliminate such swales and such other
underground storm drains and appurtenances thereto and provide elsewhere in Lot 3 substitute
stormwater detention volume by swale or other means approved by the City of Renton and, in
such event, the Owner(s) of Lot 3, at their expense, shall have an obligation to the Owner(s)
of Lots 1 and 2 to maintain and repair when necessary the drainage system elements that
provide the substitute stormwater detention volume.
Subject to the above -stated proviso, this covenant shall (a) run with the land,
benefiting Lots 1 and 2 and burdening Lot 3, (b) be binding upon the Owner(s) of Lot 3 and
their respective personal representatives, heirs, successors, and assigns, and (c) inure to the
benefit of the Owner(s) of Lot I and the Owner(s) of Lot 2 and their respective personal
representatives, heirs, successors, and assigns.
6. Sanitary Sewer System and Associated Easements and Maintenance
Covenants.
6.1 Background Information Concerning the Sanitary Sewer System.
An existing public sewer system operated by the City of Renton lies within East Valley Road.
That system existed prior to the construction of Buildings A, B, and C. Two public sewer
extensions were made into the Property from the public sewer system within East Valley
Road in conjunction with the original development of the Buildings and associated
improvements on the Property.
The northerly of the two public sewer extensions terminates in an existing
sanitary sewer manhole located in Lot 2 near that lot's west edge. A private sanitary sewer
line extends from that public sewer manhole to the north-northeast into the southerly part of
Lot 1 where it terminates at a private sewer manhole. (The easement granted in Section 6.2,
DECLARATION OF EASEMENTS, COVENANTS,
AND AGREEMENT RUNNING WITH THE LAND—Page 29
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below, relates to the portion of that private sanitary sewer line extending from that public
sewer manhole to the Lot 1 -Lot 2 common lot line.) A side sewer extends from that private
sewer manhole generally to the northeast to connect to Building A and another side sewer
extends from that same private sewer manhole generally to the southeast to connect to
Building B. (The easement granted in Section 6.3, below, relates to both (a) the portion of
the private sanitary sewer line extending from the Lot 1 -Lot 2 common lot line to the above -
noted private sewer manhole and (b) the Lot 1 portion of the side sewer that extends from that
same private sewer manhole to connect to Building B.)
The southerly of the two public sewer extensions terminates in an existing
sanitary sewer manhole located in Lot 3 near that lot's west edge (a manhole that lies in an
easement called Sanitary Sewer Easement "B" granted to the City of Renton under King
County Recording No. 9191070800926—the layout of that Sanitary Sewer Easement "B" is
depicted on Sheet 2 of 4 of the Record of Survey). A side sewer extends from that public
sewer manhole generally to the northeast to connect to Building C. Because that side sewer
lies entirely within Lot 3 (i.e., crossing neither of the other two lots), no private sewer
easement is necessary or appropriate.
6.2 Declaration of Sanitary Sewer Easement 1 Across a Portion of Lot
2 and Related Maintenance Covenant. The Declarant hereby grants and declares a
nonexclusive easement over, under, along, and across the 15 -foot -wide strip of a portion of Lot
2 ("Sanitary Sewer Easement Strip I") that is legally described on Exhibit L, attached, and
depicted on Sheet 4 of 4 of the Record of Survey (said easement is referred to in this
Declaration as "Sanitary Sewer Easement I") for the use, maintenance, and repair of the private
sewer main lying therein; PROVIDED, HOWEVER, that:
(1) The Owner(s) of Lot 2 shall have the right at any time upon the prior
approval of the City of Renton to install a substitute private sewer main
and/or a public sewer main either in Sanitary Sewer Easement Strip 1 or
elsewhere in Lot 2 to replace some or all of the existing private sewer
main in Sanitary Sewer Easement Strip I if.
(a) the substitute will connect with the north portion of the existing
private sewer main at some point at or south of the Lot 1 -Lot 2
common boundary; and
(b) construction drawings for the design of the substitute private
sewer main and/or public sewer main have been approved by the
City of Renton;
(2) If and to the extent that a substitute private sewer main is installed
elsewhere in Lot 2 and if the City of Renton has approved the completed
DECLARATION OF EASEMENTS, COVENANTS,
AND AGREEMENT RUNNING WITH THE LAND–Page 30
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construction of the substitute private sewer main and any associated
sewer manholes, then the Owner(s) of Lot 2 shall immediately execute
and have acknowledged (and shall cause the holders of any mortgages,
any deed of trust beneficiaries, or any other lien holders having an
interest in Lot 2 to execute as to their consent and have acknowledged)
and then record with the King County Recorder an instrument amending
Sanitary Sewer Easement 1 to relocate Sanitary Sewer Easement Strip 1
for the benefit of Lot 1 over, under, along, and across the I5 -foot -wide
strip of Lot 2 that is centered along the substitute private sanitary sewer
main, which strip shall be legally described in a legal description and
depicted on a sketch prepared by a land surveyor duly licensed by the
State of Washington and attached to the relocation instrument; and
(3) If and to the extent a substitute public sewer main is installed and if the
City of Renton has approved the completed construction of the substitute
public sewer main and any associated sewer manholes, then:
(a) the Owner(s) of Lot 2 shall immediately execute and have
acknowledged (and shall cause the holders of any mortgages, any
deed of trust beneficiaries, or any other lien holders having an
interest in Lot 2 to execute as to their consent and have
acknowledged) and then record with the King County Recorder a
form of sewer easement satisfactory to the City of Renton
granting the City a sewer easement over, under, along, and across
the 15 -foot -wide strip of Lot 2 that is centered along the
substitute public sanitary sewer main and/or manhole(s) in Lot 2,
which strip shall be legally described in a legal description and
depicted on a sketch prepared by a land surveyor duly licensed by
the State of Washington and attached to the relocation
instrument; and
(b) upon the recording of the substitute easement instrument
described immediately above, the portion of Sanitary Sewer
Easement 1 no longer containing an operable part of the private
sewer main originally within it shall be deemed to be
automatically terminated and of no further force or effect and the
owner of Lot 2 may record a notice thereof with the King County
Recorder.
Subject to the above -stated proviso, this easement shall (a) run with the land,
benefiting Lot 1 and burdening the portion of Lot 2 encompassed by Sanitary Sewer Easement
Strip 1, (b) be binding upon the Owner(s) of the portion of Lot 2 encompassed by Sanitary
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AND AGREEMENT RUNNING WITH THE LAND—Page 31
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Sewer Easement Strip 1 and their respective personal representatives, heirs, successors, and
assigns, and (c) inure to the benefit of the Owner(s) of Lot I and their respective personal
representatives, heirs, successors, and assigns.
In addition, the Declarant hereby declares a maintenance covenant obligating
the Owner(s) of Lot 2, at their expense, to maintain and repair as necessary the private sewer
main in Sanitary Sewer Easement Strip 1 (and any relocation(s) thereof) to keep that private
sewer main (and any modification(s) or substitute(s) thereto that are private rather than public)
in proper working order. This covenant shall (a) run with the land, benefiting Lot 1 and
burdening Lot 2, (b) be binding upon the Owner(s) of Lot 2 and their respective personal
representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of
Lot 1 and their respective personal representatives, heirs, successors, and assigns.
6.3 - _ Declaration of Sanitary Sewer Easement 2 Across a Portion of Lot
l and Related Maintenance Covenant. The Declarant hereby grants and declares a
nonexclusive easement over, under, along, and across the 15 -foot -wide strip of a portion of Lot
1 ("Sanitary Sewer Easement Strip 2") that is legally described on Exhibit M, attached, and
depicted on Sheet 4 of 4 of the Record of Survey (said easement is referred to in this
Declaration as "Sanitary Sewer Easement 2") for the use, maintenance, and repair of the private
sewer main lying therein; PROVIDED, HOWEVER, that:
(1) The Owner(s) of Lot 1 shall have the right at any time upon the prior
approval of the City of Renton to install a substitute private sewer main
and/or a public sewer main either in Sanitary Sewer Easement Strip 2 or
elsewhere in Lot 1 to replace some or all of the existing private sewer
main in Sanitary Sewer Easement Strip 2 if:
(a) the substitute will connect with the portion of the existing private
sewer main at some point at or north of the Lot 1 -Lot 2 common
boundary; and
(b) at some point at or north of the Lot 1 -Lot 2 common boundary, a
connection is maintained or an appropriate new connection is
made to the existing side sewer connecting to Building B so that
sewer service to Building B is maintained; and
(c) construction drawings for the design of the substitute private
sewer main and/or public sewer main and for any modifications
in Lot 1 to the side sewer to Building B have been approved by
the City of Renton;
DECLARATION OF EASEMENTS, COVENANTS,
AND AGREEMENT RUNNING WITH THE LAND—Page 32
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(2) If and to the extent that a substitute private sewer main is installed
elsewhere in Lot 1 and if the City of Renton has approved the completed
construction of the substitute private sewer main and any associated
sewer manholes, then the Owner(s) of Lot 1 shall immediately execute
and have acknowledged (and shall cause the holders of any mortgages,
any deed of trust beneficiaries, or any other lien holders having an
interest in Lot 1 to execute as to their consent and have acknowledged)
and then record with the King County Recorder an instrument amending
Sanitary Sewer Easement 2 to relocate Sanitary Sewer Easement Strip 2
for the benefit of Lot 2 over, under, along, and across the 15 -foot -wide
strip of Lot 1 that is centered along the substitute private sanitary sewer
main, which strip shall be legally described in a legal description and
depicted on a sketch prepared by a land surveyor duly licensed by the
State of Washington and attached to the relocation instrument; and
(3) If and to the extent a substitute public sewer main is installed and if the
City of Renton has approved the completed construction of the substitute
public sewer main and any associated sewer manholes, then:
(a) the Owner(s) of Lot 1 shall immediately execute and have
acknowledged (and shall cause the holders of any mortgages, any
deed of trust beneficiaries, or any other lien holders having an
interest in Lot 1 to execute as to their consent and have
acknowledged) and then record with the King County Recorder a
form of sewer easement satisfactory to the City of Renton
granting the City a sewer easement over, under, along, and across
the 15 -foot -wide strip of Lot 1 that is centered along the
substitute public sanitary sewer main and/or manhole(s) in Lot 1,
which strip shall be legally described in a legal description and
depicted on a sketch prepared by a land surveyor duly licensed by
the State of Washington and attached to the relocation
instrument; and
(b) upon the recording of the substitute easement instrument
described immediately above, the portion of Sanitary Sewer
Easement 2 no longer containing an operable part of the private
sewer main originally in it shall be deemed to be automatically
terminated and of no further force or effect and the owner of Lot
1 may record a notice thereof with the King County Recorder.
Subject to the above -stated proviso, this easement shall (a) run with the land,
benefiting Lot 2 and burdening the portion of Lot 1 encompassed by Sanitary Sewer Easement
DECLARATION OF EASEMENTS, COVENANTS,
AND AGREEMENT RUNNING WITH THE LAND --Page 33
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Strip 2, (b) be binding upon the Owner(s) of the portion of Lot 1 encompassed by Sanitary
Sewer Easement Strip 2 and their respective personal representatives, heirs, successors, and
assigns, and (c) inure to the benefit of the Owner(s) of Lot 2 and their respective personal
representatives, heirs, successors, and assigns.
In addition, the Declarant hereby declares a maintenance covenant obligating
the Owner(s) of Lot 1, at their expense, to maintain and repair as necessary the private sewer
main and appurtenances thereto in Sanitary Sewer Easement Strip 2 (and any relocation(s)
thereof) to keep that private sewer main and appurtenances thereto (and any modification(s) or
substitute(s) thereto that are private rather than public) in proper working order. This covenant
shall (a) run with the land, benefiting Lot 2 and burdening Lot 1, (b) be binding upon the
Owner(s) of Lot 1 and their respective personal representatives, heirs, successors, and
assigns, and (c) inure to the benefit of the Owner(s) of Lot 2 and their respective personal
representatives, heirs, successors, and assigns.
6.4 Declaration of SanitaEy Sewer Easement 3 Across a Portion of Lot
1. The Declarant hereby grants and declares a nonexclusive easement over, under, along, and
across the 15 -foot -wide strip of a portion of Lot 1 ("Sanitary Sewer Easement Strip 3") that is
legally described on Exhibit N, attached, and depicted on Sheet 4 of 4 of the Record of Survey
(said easement is referred to in this Declaration as "Sanitary Sewer Easement 3") for the use,
maintenance and repair of the portion of the side sewer to Lot 2 lying therein; PROVIDED,
HOWEVER, that:
(1) The Owner(s) of Lot 1 shall have the right at any time upon the prior
approval of the City of Renton to install a substitute side sewer, a private
sewer main, and/or a public sewer main either in Sanitary Sewer
Easement Strip 3 or elsewhere in Lot l to replace some or all of the
existing private side sewer in Sanitary Sewer Easement Strip 3 if:
(a) at some point at or north of the Lot 1 -Lot 2 common boundary, a
connection is maintained or an appropriate new connection is
made to the remainder of the existing side sewer connecting to
Lot 2 so that sewer service to Lot 2 is maintained; and
(b) construction drawings for the design of the substitute side sewer,
private sewer main and/or public sewer main, and for any
modifications have been approved by the City of Renton;
(2) If and to the extent that a substitute side sewer or private sewer main is
installed elsewhere in Lot 1 and if the City of Renton has approved the
completed construction of the substitute side sewer or private sewer main
and any associated sewer manholes or appurtenances, then the Owner(s)
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AND AGREEMENT RUNNING WITH THE LAND—Page 34
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of Lot 1 shall immediately execute and have acknowledged (and shall
cause the holders of any mortgages, any deed of trust beneficiaries, or
any other lien holders having an interest in Lot 1 to execute as to their
consent and have acknowledged) and then record with the King County
Recorder an instrument amending Sanitary Sewer Easement 3 to relocate
Sanitary Sewer Easement Strip 3 for the benefit of Lot 2 over, under,
along, and across the 15 -foot -wide strip of Lot 1 that is centered along
the substitute private sanitary sewer main, which strip shall be legally
described in a legal description and depicted on a sketch prepared by a
land surveyor duly licensed by the State of Washington and attached to
the relocation instrument; and
(3) If and to the extent a substitute public sewer main is installed and if the
City of Renton has approved the completed construction of the substitute
public sewer main and any associated sewer manholes, then:
(a) the Owner(s) of Lot 1 shall immediately execute and have
acknowledged (and shall cause the holders of any mortgages, any
deed of trust beneficiaries, or any other lien holders having an
interest in Lot I to execute as to their consent and have
acknowledged) and then record with the King County Recorder a
form of sewer easement satisfactory to the City of Renton
granting the City a sewer easement over, under, along and across
the 15 -foot -wide strip of Lot 1 that is centered along the
substitute public sanitary sewer main and/or manhole(s) in Lot 1,
which strip shall be legally described in a legal description and
depicted on a sketch prepared by a land surveyor duly licensed by
the State of Washington and attached to the relocation
instrument; and
(b) upon the recording of the substitute easement instrument
described immediately above, the portion of Sanitary Sewer
Easement 3 no longer containing an operable part of the side
sewer originally in it shall be deemed to be automatically
terminated and of no further force or effect and the owner of Lot
1 may record a notice thereof with the King County Recorder.
Subject to the above -stated proviso, this easement shall (a) run with the land,
benefiting Lot 2 and burdening the portion of Lot I encompassed by Sanitary Sewer Easement
Strip 3, (b) be binding upon the Owner(s) of the portion of Lot 1 encompassed by Sanitary
Sewer Easement Strip 3 and their respective personal representatives, heirs, successors, and
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AND AGREEMENT RUNNING WITH THE LAND --Page 35
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assigns, and (c) inure to the benefit of the Owner(s) of Lot 2 and their respective personal
representatives, heirs, successors, and assigns.
(No maintenance covenant obligating the Owner(s) of Lot 1 to maintain and
repair the side sewer to Lot 2 is provided in this Declaration.)
7. Water System. Building A has one or more direct connections to the City of
Renton public water system via private water line(s) that lie entirely within Lot 1 and that do
not cross any portions of Lots 2 or 3. Likewise, Building B has one or more direct connections
to the City of Renton public water system via private water line(s) that lie entirely within Lot 2
and that do not cross any portions of Lots l or 3. Also likewise, Building C has one or more
direct connections to the City of Renton public water system via private water line(s) that lie
entirely within Lot 3 and that do not cross any portions of Lots 1 or 2. Accordingly, no private
water easements for the private water lines are necessary and none are provided.
8. Landscape Irrigation S stem.
8.1 Background Information Concerning the Landscape Irrigation
System. The following landscape irrigation systems currently exist on the Property:
(a) A landscape irrigation system in Lot 1, which is independent of the
landscape irrigation system in Lots 2 and 3 and which is operated from a
controller located in Building A (the "Lot 1 Landscape Irrigation
System");
(b) A landscape irrigation system serving most of Lot 2 (i.e., all but a portion
of the easterly part of Lot 2, which portion is connected to and served by
the landscape irrigation system for Lot 3), which system is independent
of the landscape irrigation system in Lot 1 and which, except for the Lot
3 system that serves the portion of the easterly part of Lot 2, is
independent of the landscape irrigation system in Lot 3 and is operated
from a controller located near the east end of the south side of Building B
(the "Primary Lot 2 Landscape Irrigation System"); and
(c) A landscape irrigation system serving Lot 3 and a portion of the easterly
part of Lot 2, which is independent of the landscape irrigation system in
Lot 1 and of the above -noted landscape irrigation system serving most of
Lot 2 and which is operated from a controller located near the north end
of the west side of Building C (the "Lot 3 and Partial Lot 2 Landscape
Irrigation System").
The locations of these systems are not depicted on the Record of Survey.
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AND AGREEMENT RUNNING WITH THE LAND—Page 36
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8.2 Declaration of Covenants Concerning the Portion of the Lot 3 and
Partial Lot 2 Landscape Irrigation System on Lot 2. Except as otherwise provided in this
Section 8.2, the Owner(s) of Lot 3, at their expense, shall have an obligation to the Owner(s)
of Lot 2 to do the following:
(a) Supply water to the portion of the Lot 3 and Partial Lot 2
Landscape Irrigation System in Lot 2 from the portion of that
system in Lot 3 during period(s) of the year and for frequencies
and durations comparable to the period(s) of the year and
watering frequencies and durations during which water is
supplied to the portion of that system in Lot 3 [PROVIDED,
HOWEVER, that during any period(s) of time during which
element(s) of the portion of the system in Lot 2 are broken and
leak water, the Owner(s) of Lot 3 shall be entitled to shut off the
water (and keep the water shut off} to the portion of the system
in Lot 2 until such times as the Owner(s) of Lot 2 (at their
expense) shall have repaired or replaced the broken portion(s) of
the system in Lot 2 and have given the Owner(s) of Lot 3 at
least five (5) business days written notice thereofJ;
(b) Within five (5) business days following any shutoff of water to
the portion of the Lot 3 and Partial Lot 2 Landscape Irrigation
System in Lot 2, notify the Owner(s) of Lot 2 of (i) the fact of
the shutoff and (ii) the reason(s) for the shutoff; and
(c) In order to help facilitate the Owner(s) of Lot 2 in repairing from
time to time any broken portion(s) of the system in Lot 2,
provide the irrigation system repair service that the Owner(s) of
Lot 2 hires for the repair work with reasonable access to the
system controller in Building C during Building C's normal
business hours (following at least five (5) business days' prior
notice) in order to turn on the water for that part of the system to
test the repaired portion of the system.
These obligations shall (a) be deemed to be covenants running with the land, benefiting Lot 2
and burdening Lot 3, (b) be binding upon the Owner(s) of Lot 3 and their respective personal
representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of
Lot 3 and their respective personal representatives, heirs, successors, and assigns;
PROVIDED, HOWEVER, that these obligations shall be deemed to be terminated in the
event that any one or more of the following events occur:
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AND AGREEMENT RUNNING WITH THE LAND—Page 37
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(1) The Owner(s) of Lot 2 disconnect the portion of the Lot 3 and Partial
Lot 2 Landscape Irrigation System in Lot 2 from the portion of that
system in Lot 3 and provide a substitute water source for the portion of
Lot 2 currently irrigated by the Lot 3 and Partial Lot 2 Landscape
Irrigation System; or
(2) The Owner(s) of Lot 3 redevelop some of Lot 3 in such a manner that
causes the current piping source of water to the portion of the Lot 3 and
Partial Lot 2 Landscape Irrigation System in Lot 2 to be eliminated (but,
in such event, the Owner(s) of Lot 3 shall give the Owner(s) of Lot 2 at
least sixty (60) days' prior written notice of such piping system
elimination in order to provide a reasonable period of time for the
Owner(s) of Lot 2 to provide a substitute water source for the portion of
Lot 2 currently irrigated by the Lot 3 and Partial Lot 2 Landscape
Irrigation System in Lot 2.
9. Natural Gas Lines and Associated Easement and Maintenance Covenant.
9.1 Background Information Concerning the Existing Natural Gas
Lines Serving the Buildings. Buildings A, B, and C each have a natural gas line connection
for natural gas service. An existing gas main exists beneath East Valley Road. From that
existing gas main, one existing underground gas service line extends east into Lot 1 at a
position west of and near the Existing Lot l -Lot 2 Common Entrance Driveway and somewhat
meanders to the east past the south edge of Building A (beneath an existing concrete patio
where it forks both (a) to the north to connect to Building A near Building A's southeast corner
and (b) to the southeast to connect to Building B near Building B's northeast corner). (See the
approximate layout of the gas service line and the fork in it on Sheet 1 of 4 of the Record of
Survey and in the "GAS EASEMENT STRIP DETAIL" on Sheet 4 of 4 of the Record of
Survey.) In Section 9.2, below, an easement for the benefit of Lot 2 across a strip of land
encompassing the portion of the existing gas service line across Lot 1 to the Lot 1 -Lot 2
common boundary is declared.
In addition, from the existing gas main beneath East Valley Road, an existing
underground gas service line extends generally east across the westerly part of Lot 3 and
connects to Building C. (See the approximate layout of that gas service line on Sheet 2 of 4 of
the Record of Survey.)
9.2 Declaration of Natural Gas Service Line Easement (Across a
Portion of Lot 1) and Related Maintenance Covenant. The Declarant hereby grants and
declares a nonexclusive easement over, under, along, and across the 10 -foot -wide strip of a
portion of Lot 1 (hereinafter the "Gas Easement Strip") that is legally described on Exhibit O,
attached, and depicted in the "GAS EASEMENT STRIP DETAIL" on Sheet 4 of 4 of the
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AND AGREEMENT RUNNING WITH THE LAND --Page 38
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Record of Survey (said easement is referred to in this Declaration as the "Gas Easement") for
the use, maintenance, and repair of the portion of the existing gas service line in the Gas
Easement Strip that serves (at least in part) Building B and for the benefit of Lot 2 in common
with Lot 1's use, maintenance, and repair thereof, PROVIDED, HOWEVER, that:
(1) The Owner(s) of Lot 1 shall have the right at any time in the future upon
sixty (60) days' prior written notice to the then-owner(s) of Lot 2 to
relocate all or a portion of the gas service line in a relocated 10 -foot -wide
strip across Lot 1 if:
(a) the relocated gas service line's design and location have been
approved by both (i) the gas company that supplies natural gas to
the Property (if and to the extent that such approvals by the gas
company are required) and/or (ii) the City of Renton (if and to the
extent that such approvals by the City are required);
(b) the relocated gas service line will connect with the easterly
portion of the existing gas service line at some point within Lot 1
so that no disturbance to the portion of the existing gas service
line in Lot 2 is necessary;
(c) no interruption(s) of gas service to Lot 2 during the hours of 7:00
a.m. to 6:00 p.m. are reasonably expected during the relocation of
the gas service line (and appurtenances thereto) due to the
relocation (and with the Owner(s) of Lot l to be liable for any
damages that the Owner(s) of Lot 2 and Lot 3 may incur that are
proximately caused by such interruption(s)); and
(d) no interruption(s) of gas service to Lot 2 greater than one (1) hour
in duration per day (and not more than one interruption of any
length per day) during the hours of 6:00 p.m. to 7:00 a.m. are
reasonably expected during the relocation of gas service line due
to the relocation [and with the Owner(s) of Lot 1 to be liable for
any damages that the Owner(s) of Lot 2 and Lot 3 may incur that
are proximately caused by (i) any actual interruption that is
greater than one (1) hour in duration per day during the hours of
6:00 p.m. to 7:00 a.m. during the relocation of the gas service line
due to the relocation and (ii) the occurrence of more than one
actual interruption of any length per day during the hours of 6:00
p.m. to 7:00 a.m. during the relocation of the gas service line due
to the relocation]; and
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AND AGREEMENT RUNNING WITH THE LAND—Page 39
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(2) If the Owner(s) of Lot 1 exercise their right stated in item (1), above, and
install a substitute gas service line in a different location across Lot 1,
then the Owner(s) of Lot 1 shall immediately execute and have
acknowledged (and shall cause the holders of any mortgages, any deed of
trust beneficiaries, or any other lien holders having an interest in Lot 1 to
execute as to their consent and have acknowledged) and then record with
the King County Recorder an instrument amending the Gas Easement to
relocate the Gas Easement Strip for the benefit of Lot 2 over, under,
along, and across the 10 -foot -wide strip of Lot 1 that is centered along
the substitute gas service line and any remaining segment of the existing
gas service line in Lot 1, which strip shall be legally described in a legal
description and depicted on a sketch prepared by a land surveyor duly
licensed by the State of Washington and attached to the relocation
instrument.
Subject to the above -stated proviso, this easement shall (a) run with the land,
benefiting Lot 2 and burdening the portion of Lot 1 encompassed by the Gas Easement Strip,
(b) be binding upon the Owner(s) of the portion of Lot 1 encompassed by the Gas Easement
and their respective personal representatives, heirs, successors, and assigns, and (c) inure to
the benefit of the Owner(s) of Lot 2 and their respective personal representatives, heirs,
successors, and assigns.
In addition, the Declarant hereby declares a maintenance covenant obligating
the Owner(s) of Lot 1, at their expense, to maintain and repair as necessary the gas service line
in the Gas Easement Strip (and any relocation(s) thereof) to keep that gas service line (and any
modification(s) or substitute(s) thereto) in proper working order. This covenant shall (a) run
with the land, benefiting Lot 2 and burdening Lot 1, (b) be binding upon the Owner(s) of Lot
1 and their respective personal representatives, heirs, successors, and assigns, and (c) inure to
the benefit of the Owner(s) of Lot 2 and their respective personal representatives, heirs,
successors, and assigns.
10. Electrical Power Service Lines to the Buildings, Associated Easements
and Maintenance Covenants.
10.1 Background Information Concerning the Existing Electrical
Power Service Lines Serving the Buildings. An existing underground electrical service line
(the "Existing Common Electrical Service Line") currently loops into the Property from an
electrical line in East Valley Road, (a) crossing beneath a planter island, driveway, and parking
stall near Lot 1's south end on the west side of Building A before turning south to Lot 2, (b)
then extending south beneath the easterly part of Lot 2's parking lot lying on the west side of
Building B, (c) continuing south beneath a planter island and crossing beneath a driveway and
then connecting into an electrical vault within Lot 3 located within a planter island lying to the
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AND AGREEMENT RUNNING WITH THE LAND—Page 40
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northwest of Building C's northwest corner, and (d) finally extending from that electrical vault
generally to the southwest and connecting to another electrical line in East Valley Road. (The
estimated, approximate location of all of the existing electrical lines known to the Declarant,
including the Existing Common Electrical Service Line, are depicted on Sheets I of 4 and 2 of
4 of the Record of Survey and labeled "EC". The Legend on Sheet 2 of 4 of the Record of
Survey defines "EC" as "ELECTRICAL CONDUIT".)
From the east portion of the Existing Common Electrical Service Line that
crosses beneath Lot 1, an electrical service line stems off to Building A. Also, an electrical
service line stems off of the Existing Common Electrical Service Line to serve Building B from
the location of the portion of the Existing Common Electrical Service Line that crosses beneath
a planter island lying to the southwest of Building B's southwest comer within Lot 2. In
addition, an electrical service line to Building C extends from the electrical vault located within
a planter island lying to the northwest of Building C's northwest corner (such vault being fed
by the Existing Common Electrical Service Line).
(Note that the descriptions in the above paragraphs of this Section 10.1 are only
rough generalizations, are non-technical in nature, and might not be accurate. They are based
on the approximate layout of some of the underground electrical lines (conduits) depicted on
Sheets 1 of 4 and 2 of 4 of the Record of Survey, a layout that in turn was based on ground
surface paint markings of the estimated location of the underground electrical lines (conduit)
established by a utility locater service.)
In Sections 10.2, 10.3, and 10.4, below, easements and maintenance covenants
are declared relating to the portions of the Existing Common Electrical Service Line crossing
Lot 1, Lot 2, and Lot 3, respectively.
10.2 Declaration of Electrical Service Line Easement 1 (Across a
Portion of Lot 1) and Related Maintenance Covenant. The Declarant hereby grants and
declares a nonexclusive easement over, under, along, and across the 10 -foot -wide strip of a
portion of Lot 1 (hereinafter referred to as "Electrical Easement Strip I") that is legally
described on Exhibit P, attached, and depicted in the "ELECTRICAL EASEMENT STRIPS
DETAIL" on Sheet 4 of 4 of the Record of Survey (said easement is referred to in this
Declaration as "Electrical Service Line Easement 1 ") for the use, maintenance, and repair of the
portion of the Existing Common Electrical Service Line and appurtenances thereto in that strip
for the benefit of Lots 2 and 3 in common with Lot 1's use, maintenance, and repair thereof;
PROVIDED, HOWEVER, that:
(1) The Owner(s) of Lot l shall have the right at any time in the future upon
sixty (60) days' prior written notice to the then-owner(s) of Lots 2 and 3
to relocate the portion of the Existing Common Electrical Service Line
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AND AGREEMENT RUNNING WITH THE LAND—Page 41
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(and appurtenances thereto) in that strip (using the same or new materials
as appropriate) to a different 10 -foot -wide strip of Lot 1 if:
(a) the design and location of the portion of the Existing Common
Electrical Service Line (and appurtenances thereto) to be
relocated have been approved by both (i) the electrical power
company that supplies electricity to the Property (if and to the
extent that such approvals by the electrical power company are
required) and/or (ii) the City of Renton (if and to the extent that
such approvals by the City are required);
(b) the portion of the Existing Common Electrical Service Line to be
relocated will connect with an appropriate power line in East
Valley Road and will connect with the portion of the Existing
Common Electrical Service Line at some point at or north of the
Lot 1 -Lot 2 common boundary so that no disturbance to the
portion of the Existing Common Electrical Service Line in Lot 2
is necessary;
(c) no interruption(s) of electrical service to Lot 2 and/or Lot 3
during the hours of 7:00 a.m. to 6:00 p.m. are reasonably
expected during the relocation of the portion of the Existing
Common Electrical Service Line (and appurtenances thereto) due
to the relocation (and with the Owner(s) of Lot 1 to be liable for
any damages that the Owner(s) of Lot 2 and Lot 3 may incur that
are proximately caused by such interruption(s)); and
(d) no interruption(s) of electrical service to Lot 2 and/or Lot 3
greater than one (1) hour in duration per day (and not more than
one interruption of any length per day) during the hours of 6:00
p.m. to 7:00 a.m. are reasonably expected during the relocation of
the portion of the Existing Common Electrical Service Line (and
appurtenances thereto) due to the relocation [and with the
Owner(s) of Lot 1 to be liable for any damages that the Owner(s)
of Lot 2 and Lot 3 may incur that are proximately caused by (i)
any actual interruption that is greater than one (1) hour in
duration per day during the hours of 6:00 p.m. to 7:00 a.m. during
the relocation of the portion of the Existing Common Electrical
Service Line (and appurtenances thereto) due to the relocation
and (ii) the occurrence of more than one actual interruption of
any length per day during the hours of 6:00 p.m. to 7:00 a.m.
during the relocation of the portion of the Existing Common
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AND AGREEMENT RUNNING WITH THE LAND—Page 42
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Electrical Service Line (and appurtenances thereto) due to the
relocation]; and
(2) If the Owner(s) of Lot 1 exercise their right stated in item (1), above, and
relocate the portion of the Existing Common Electrical Service Line (and
appurtenances thereto) in that strip to a different strip in Lot 1, then the
Owner(s) of Lot 1 shall immediately execute and have acknowledged
(and shall cause the holders of any mortgages, any deed of trust
beneficiaries, or any other lien holders having an interest in Lot 1 to
execute as to their consent and have acknowledged) and then record with
the Icing County Recorder an instrument amending Electrical Service
Line Easement 1 to relocate the relevant portion of Electrical Easement
Strip 1 for the benefit of Lots 2 and 3 over, under, along, and across the
10 -foot -wide strip of Lot I that is centered along the relocated portion of
the Existing Common Electrical Service Line (and any connecting
additional segments of easement area necessary to encompass and extend
at least three feet around any relocated appurtenances thereto), which
strip and any connecting additional segments of easement area shall be
legally described in a legal description and depicted on a sketch prepared
by a land surveyor duly licensed by the State of Washington and attached
to the relocation instrument.
Subject to the above -stated proviso, this easement shall (a) run with the land,
benefiting Lots 2 and 3 and burdening the portion of Lot 1 encompassed by Electrical
Easement Strip 1, (b) be binding upon the Owner(s) of the portion of Lot 1 encompassed by
Electrical Easement Strip 1 and their respective personal representatives, heirs, successors,
and assigns, and (c) inure to the benefit of the Owner(s) of Lots 2 and 3 and their respective
personal representatives, heirs, successors, and assigns.
In addition, the Declarant hereby declares a maintenance covenant obligating
the Owner(s) of Lot 1, at their expense, to maintain and repair as necessary the portion of the
Existing Common Electrical Service Line and appurtenances thereto in Electrical Easement
Strip 1 (and any relocation(s) thereof) to keep that portion of the Existing Common Electrical
Service Line and appurtenances thereto (and any modification(s) or substitute(s)) in proper
working order. This covenant shall (a) run with the land, benefiting Lots 2 and 3 and
burdening Lot 1, (b) be binding upon the Owner(s) of Lot 1 and their respective personal
representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of
Lot 2 and the Owner(s) of Lot 3 and their respective personal representatives, heirs,
successors, and assigns.
10.3 Declaration of Electrical Service Line Easement 2 (Across a
Portion of Lot 2) and Related Maintenance Covenant. The Declarant hereby grants and
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declares a nonexclusive easement over, under, along and across the 10 -foot -wide strip of a
portion of Lot 2 (hereinafter referred to as "Electrical Easement Strip 2") that is legally
described on Exhibit 0, attached, and depicted in the "ELECTRICAL EASEMENT STRIPS
DETAIL" on Sheet 4 of 4 of the Record of Survey (said easement is referred to in this
Declaration as "Electrical Service Line Easement 2") for the use, maintenance, and repair of the
portion of the Existing Common Electrical Service Line and appurtenances thereto in that strip
for the benefit of Lots 1 and 3 in common with Lot 2's use, maintenance, and repair thereof;
PROVIDED, HOWEVER, that:
(1) The Owner(s) of Lot 2 shall have the right at any time in the future upon
sixty (60) days' prior written notice to the then-owner(s) of Lots 1 and 3
to relocate the portion of the Existing Common Electrical Service Line
(and appurtenances thereto) in that strip (using the same or new materials
as appropriate) to a different 10 -foot -wide strip of Lot 2 if:
(a) the design and location of the portion of the Existing Common
Electrical Service Line (and appurtenances thereto) to be
relocated have been approved by both (i) the electrical power
company (if and to the extent that such approvals by the electrical
power company are required) and/or (ii) the City of Renton (if
and to the extent that such approvals by the City are required);
(b) the relocated portion of the Existing Common Electrical Service
Line connects with both (i) the remaining portion of the Existing
Common Electrical Service Line to the north at some point at or
south of the Lot 1 -Lot 2 common boundary so that no disturbance
to the portion of the Existing Common Electrical Service Line in
Lot 1 is necessary and (ii) the remaining portion of the Existing
Common Electrical Service Line to the south at some point at or
north of the Lot 2 -Lot 3 common boundary so that no disturbance
to the portion of the Existing Common Electrical Service Line in
Lot 3 is necessary;
(c) no interruption(s) of electrical service to Lot 1 and/or Lot 3
during the hours of 7:00 a.m. to 6:00 p.m. are reasonably
expected during the relocation of the portion of the Existing
Common Electrical Service Line (and appurtenances thereto) due
to the relocation (and with the Owner(s) of Lot 2 to be liable for
any damages that the Owner(s) of Lot 1 and Lot 3 may incur that
are proximately caused by such interruption(s)); and
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(d) no interruption(s) of electrical service to Lot 1 and/or Lot 3
greater than one (1) hour in duration per day (and not more than
one interruption of any length per day) during the hours of 6:00
p.m. to 7:00 a.m. are reasonably expected during the relocation of
the portion of the Existing Common Electrical Service Line (and
appurtenances thereto) due to the relocation [and with the
Owner(s) of Lot 2 to be liable for any damages that the Owner(s)
of Lot 1 and Lot 3 may incur that are proximately caused by (i)
any actual interruption that is greater than one (1) hour in
duration per day during the hours of 6:00 p.m. to 7:00 a.m. during
the relocation of the portion of the Existing Common Electrical
Service Line (and appurtenances thereto) due to the relocation
and (ii) the occurrence of more than one actual interruption of
any length per day during the hours of 6:00 p.m. to 7:00 a.m.
during the relocation of the portion of the Existing Common
Electrical Service Line (and appurtenances thereto) due to the
relocation]; and
(2) If the Owner(s) of Lot 2 exercise their right stated in item (1), above, and
relocate the portion of the Existing Common Electrical Service Line (and
appurtenances thereto) in that strip to a different strip in Lot 2, then the
Owner(s) of Lot 2 shall immediately execute and have acknowledged
(and shall cause the holders of any mortgages, any deed of trust
beneficiaries, or any other lien holders having an interest in Lot 2 to
execute as to their consent and have acknowledged) and then record with
the King County Recorder an instrument amending Electrical Service
Line Easement 2 to relocate the relevant portion of the Electrical
Easement Strip 2 for the benefit of Lots I and 3 over, under, along, and
across the 10 -foot -wide strip of Lot 2 that is centered along the relocated
portion of the Existing Common Electrical Service Line (and any
connecting additional segments of easement area necessary to encompass
and extend at least three feet around any relocated appurtenances
thereto), which strip and any connecting additional segments of easement
area shall be legally described in a legal description and depicted on a
sketch prepared by a land surveyor duly licensed by the State of
Washington and attached to the relocation instrument.
Subject to the above -stated proviso, this casement shall (a) run with the land,
benefiting Lots 1 and 3 and burdening the portion of Lot 2 encompassed by Electrical
Easement Strip 2, (b) be binding upon the Owner(s) of the portion of Lot 2 encompassed by
Electrical Easement Strip 2 and their respective personal representatives, heirs, successors,
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AND AGREEMENT RUNNING WITH THE LAND—Page 45
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and assigns, and (c) inure to the benefit of the Owner(s) of Lots 1 and 3 and their respective
personal representatives, heirs, successors, and assigns.
In addition, the Declarant hereby declares a maintenance covenant obligating
the Owner(s) of Lot 2, at their expense, to maintain and repair as necessary the portion of the
Existing Common Electrical Service Line and appurtenances thereto in Electrical Easement
Strip 2 (and any relocation(s) thereof) to keep that portion of the Existing Common Electrical
Service Line and appurtenances thereto (and any modification(s) or substitute(s)) in proper
working order. This covenant shall (a) run with the land, benefiting Lots 1 and 3 and
burdening Lot 2, (b) be binding upon the Owner(s) of Lot 2 and their respective personal
representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of
Lot l and the Owner(s) of Lot 3 and their respective personal representatives, heirs,
successors, and assigns.
10.4 Declaration of Electrical Service Line Easement 3 (Across a
Portion of Lot 3) and Related Maintenance Covenant. The Declarant hereby grants and
declares a nonexclusive easement over, under, along, and across the 10 -foot -wide strip of a
portion of Lot 3 (hereinafter referred to as "Electrical Easement Strip 3") that is legally
described on Exhibit R, attached, and depicted in the "ELECTRICAL EASEMENT STRIPS
DETAIL" on Sheet 4 of 4 of the Record of Survey (said easement is referred to in this
Declaration as "Electrical Service Line Easement 3") for the use, maintenance, and repair of the
portion of the Existing Common Electrical Service Line and appurtenances thereto in that strip
for the benefit of Lots I and 2 in common with Lot 3's use, maintenance, and repair thereof;
PROVIDED, HOWEVER, that:
(1) The Owner(s) of Lot 3 shall have the right at any time in the future upon
sixty (60) days' prior written notice to the then-owner(s) of Lots 1 and 2
to relocate the portion of the Existing Common Electrical Service Line
(and appurtenances thereto) in that strip (using the same or new materials
as appropriate) to a different 10 -foot -wide strip of Lot 3 if:
(a) the design and location of the portion of the Existing Common
Electrical Service Line (and appurtenances thereto) to be
relocated have been approved by both (i) the electrical power
company that supplies electricity to the Property (if and to the
extent that such approvals by the electrical power company are
required) and/or (ii) the City of Renton (if and to the extent that
such approvals by the City are required);
(b) the relocated portion of the Existing Common Electrical Service
Line connects with an appropriate power line in East Valley Road
and connects with the portion of the Existing Common Electrical
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AND AGREEMENT RUNNING WITH THE LAND—Page 46
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Service Line at some point at or south of the Lot 2 -Lot 3 common
boundary so that no disturbance to the portion of the Existing
Common Electrical Service Line in Lot 2 is necessary;
(c) no interruption(s) of electrical service to Lot 1 and/or Lot 2
during the hours of 7:00 a.m. to 6.00 p.m. are reasonably
expected during the relocation of the portion of the Existing
Common Electrical Service Line (and appurtenances thereto) due
to the relocation (and with the Owners) of Lot 3 to be liable for
any damages that the Owner(s) of Lot 1 and Lot 2 may incur that
arc proximately caused by such interruption(s)); and
(d) no interruption(s) of electrical service to Lot 1 and/or Lot 2
greater than one (1) hour in duration per day (and not more than
one interruption of any length per day) during the hours of 6:00
p.m. to 7:00 a.m. are reasonably expected during the relocation of
the portion of the Existing Common Electrical Service Line (and
appurtenances thereto) due to the relocation [and with the
Owner(s) of Lot 3 to be liable for any damages that the Owner(s)
of Lot 1 and Lot 2 may incur that are proximately caused by (i)
any actual interruption that is greater than one (1) hour in
duration per day during the hours of 6:00 p.m. to 7:00 a.m. during
the relocation of the portion of the Existing Common Electrical
Service Line (and appurtenances thereto) due to the relocation
and (ii) the occurrence of more than one actual interruption of
any length per day during the hours of 6:00 p.m. to 7:00 a.m.
during the relocation of the portion of the Existing Common
Electrical Service Line (and appurtenances thereto) due to the
relocation]; and
(2) If the Owncr(s) of Lot 3 exercise their right stated in item (1), above, and
relocate the portion of the Existing Common Electrical Service Line (and
appurtenances thereto) in that strip to a different strip in Lot 3, then the
Owner(s) of Lot 3 shall immediately execute and have acknowledged
(and shall cause the holders of any mortgages, any deed of trust
beneficiaries, or any other lien holders having an interest in Lot 3 to
execute as to their consent and have acknowledged) and then record with
the King County Recorder an instrument amending Electrical Service
Line Easement 3 to relocate the relevant portion of Electrical Easement
Strip 1 for the benefit of Lots 1 and 2 over, under, along, and across the
10 -foot -wide strip of Lot 3 that is centered along the relocated portion of
the Existing Common Electrical Service Line (and any connecting
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AND AGREEMENT RUNNING WITH THE LAND—Page 47
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additional segments of easement area necessary to encompass and extend
at least three feet around any relocated appurtenances thereto), which
strip and any connecting additional segments of easement area shall be
legally described in a legal description and depicted on a sketch prepared
by a land surveyor duly licensed by the State of Washington and attached
to the relocation instrument.
Subject to the above -stated proviso, this easement shall (a) run with the land,
benefiting Lots 1 and 2 and burdening the portion of Lot 3 encompassed by Electrical
Easement Strip 3, (b) be binding upon the Owner(s) of the portion of Lot 3 encompassed by
Electrical Easement Strip 3 and their respective personal representatives, heirs, successors,
and assigns, and (c) inure to the benefit of the Owner(s) of Lots 1 and 2 and their respective
personal representatives, heirs, successors, and assigns.
In addition, the Declarant hereby declares a maintenance covenant obligating
the Owner(s) of Lot 3, at their expense, to maintain and repair as necessary the portion of the
Existing Common Electrical Service Line and appurtenances thereto in Electrical Easement
Strip 3 (and any relocation(s) thereof) to keep that portion of the Existing Common Electrical
Service Line and appurtenances thereto (and any modification(s) or substitute(s)) in proper
working order. This covenant shall (a) run with the land, benefiting Lots 1 and 2 and
burdening Lot 3, (b) be binding upon the Owner(s) of Lot 3 and their respective personal
representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of
Lot I and the Owner(s) of Lot 2 and their respective personal representatives, heirs,
successors, and assigns.
11. Telecommunications Conduit to the Buildinp-s; Associated Easements and
Maintenance Covenants.
11.1 Background Information Concerning the Existing Telephone
Conduit Servinp, the Buildinp-s. An existing underground telephone and telecommunication
conduit (the "Existing Common Telecommunications Conduit") currently extends into the
Property from an existing telephone and telecommunications conduit in East Valley Road, (a)
crossing beneath a planter island, driveway and parking stall near Lot 1's south end on the west
side of Building A before turning south to Lot 2, and (b) then extending south beneath the
easterly part of Lot 2's parking lot lying on the west side of Building B to a point located west
of Building B's southwest corner. (The estimated, approximate locations of all of the existing
telecommunications conduits known to the Declarant, including the Existing Common
Telecommunications Conduit, are depicted on Sheets 1 of 4 and 2 of 4 of the Record of Survey
and labeled "TC". The Legend on Sheet 2 of 4 of the Record of Survey defines "TC" as
"TELECOMMUNICATIONS CONDUIT".)
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AND AGREEMENT RUNNING WITH THE LAND—Page 48
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From the east portion of the Existing Common Telecommunications Conduit
that crosses beneath Lot 1, a telecommunications service line stems off to Building A. Also, (a)
a telecommunications service conduit stems off of the south end of the Existing Common
Telecommunications Conduit to the east to serve Building B and (b) a telecommunications
service conduit stems off of the south end of the Existing Common Telecommunications
Conduit to roughly the southeast to serve Building C.
(Note that the descriptions in the above paragraphs of this Section 11.1 are only
rough generalizations, are non-technical in nature, and might not be accurate. They are based
upon the approximate layout of the underground telecommunications conduits depicted as such
upon Sheets 1 of 4 and 2 of 4 of the Record of Survey, a layout that in turn was based upon
ground surface paint markings of the estimated location of the underground
telecommunications conduits established by a utility locater service.)
In Sections 11.2 and 11.3, below, easements and maintenance covenants are
declared relating to the portions of the Existing Common Telecommunications Conduit
crossing Lot I and Lot 2, respectively. In addition, in Sections 11.4, below, an easement is
declared from the south end of the Existing Common Telecommunications Conduit to the Lot
2 -Lot 3 common lot line to encompass the portion of the telecommunications service conduit to
Building C in Lot 2 that stems off of the south end of the Existing Common
Telecommunications Conduit, along with a maintenance covenant.
11.2 Declaration of Telecommunications Conduit Easement 1 fAcross a
Portion of Lot 1) and Related Maintenance Covenant. The Declarant hereby grants and
declares a nonexclusive easement over, under, along, and across the 10 -foot -wide strip of a
portion of Lot 1 (hereinafter referred to as "Telecommunications Easement Strip I") that is
legally described on Exhibit S, attached, and depicted in the "TELECOMMUNICATIONS
EASEMENT STRIPS DETAIL" on Sheet 4 of 4 of the Record of Survey (said casement is
referred to in this Declaration as "Telecommunications Conduit Easement I") for the use,
maintenance, and repair of the portion of the Existing Common Telecommunications Conduit
and appurtenances thereto in that strip for the benefit of Lots 2 and 3 in common with Lot 1's
use, maintenance, and repair thereof; PROVIDED, HOWEVER, that:
(1) The Owner(s) of Lot 1 shall have the right at any time in the future upon
sixty (60) days' prior written notice to the then-owner(s) of Lots 2 and 3
to relocate the portion of the Existing Common Telecommunications
Conduit (and appurtenances thereto) in that strip (using the same or new
materials as appropriate) to a different 10 -foot -wide strip of Lot I if:
(a) the design and location of the portion of the Existing Common
Telecommunications Conduit (and appurtenances thereto) to be
relocated have been approved by both (i) the applicable
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AND AGREEMENT RUNNING WITH THE LAND—Page 49
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telecommunications vendor(s) that supply telecommunications
services to the Property (if and to the extent that such approvals
by the applicable telecommunications vendor(s) are required)
and/or (ii) the City of Renton (if and to the extent that such
approvals by the City are required);
(b) the relocated portion of the Existing Common
Telecommunications Conduit connects with appropriate
telecommunications conduit(s) in East Valley Road and connects
with the portion of the Existing Common Telecommunications
Conduit at some point at or north of the Lot 1 -Lot 2 common
boundary so that no disturbance to the portion of the Existing
Common Telecommunications Conduit in Lot 2 is necessary;
(c) no interruption(s) of any telecommunications service to Lot 2
and/or Lot 3 during the hours of 7:00 a.m. to 6:00 p.m. are
reasonably expected during the relocation of the portion of the
Existing Common Telecommunications Conduit (and
appurtenances thereto) due to the relocation (and with the
Owner(s) of Lot 1 to be liable for any damages that the Owner(s)
of Lot 2 and Lot 3 may incur that are proximately caused by such
interruption(s)); and
(d) no interruption(s) of any telecommunications service to Lot 2
and/or Lot 3 greater than one (1) hour in duration per day (and
not more than one interruption of any length per day) during the
hours of 6:00 p.m. to 7:00 a.m. are reasonably expected during
the relocation of the portion of the Existing Common
Telecommunications Conduit (and appurtenances thereto) due to
the relocation [and with the Owner(s) of Lot I to be liable for any
damages that the Owner(s) of Lot 2 and Lot 3 may incur that are
proximately caused by (i) any actual interruption that is greater
than one (1) hour in duration per day during the hours of 6:00
p.m. to 7:00 a.m. during the relocation of the portion of the
Existing Common Telecommunications Conduit (and
appurtenances thereto) due to the relocation and (ii) the
occurrence of more than one actual interruption of any length per
day during the hours of 6:00 p.m. to 7:00 am during the
relocation of the portion of the Existing Common
Telecommunications Conduit (and appurtenances thereto) due to
the relocation]; and
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AND AGREEMENT RUNNING WITH THE LAND—Page 50
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(2) If the Owner(s) of Lot 1 exercise their right stated in item (1), above, and
relocate the portion of the Existing Common Telecommunications
Conduit (and appurtenances thereto) in that strip to a different strip in Lot
1, then the Owner(s) of Lot 1 shall immediately execute and have
acknowledged (and shall cause the holders of any mortgages, any deed of
trust beneficiaries, or any other lien holders having an interest in Lot 1 to
execute as to their consent and have acknowledged) and then record with
the King County Recorder an instrument amending Telecommunications
Conduit Easement 1 to relocate the relevant portion of
Telecommunications Easement Strip 1 for the benefit of Lots 2 and 3
over, under, along, and across the 10 -foot -wide strip of Lot I that is
centered along the relocated portion of the Existing Common
Telecommunications Conduit (and any connecting additional segments
of easement area necessary to encompass and extend at least three feet
around any relocated appurtenances thereto), which strip and any
connecting additional segments of easement area shall be legally
described in a legal description and depicted on a sketch prepared by a
land surveyor duly licensed by the State of Washington and attached to
the relocation instrument.
Subject to the above -stated proviso, this easement shall (a) run with the land,
benefiting Lots 2 and 3 and burdening the portion of Lot 1 encompassed by
Telecommunications Easement Strip 1, (b) be binding upon the Owner(s) of the portion of Lot
1 encompassed by Telecommunications Easement Strip 1 and their respective personal
representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of
Lots 2 and 3 and their respective personal representatives, heirs, successors, and assigns.
In addition, the Declarant hereby declares a maintenance covenant obligating
the Owner(s) of Lot 1, at their expense, to maintain and repair as necessary the portion of the
Existing Common Telecommunications Conduit and appurtenances thereto in
Telecommunications Easement Strip 1 (and any relocation(s) thereof) to keep that portion of
the Existing Common Telecommunications Conduit and appurtenances thereto (and any
modification(s) or substitute(s)) in proper working order. This covenant shall (a) run with the
land, benefiting Lots 2 and 3 and burdening Lot 1, (b) be binding upon the Owner(s) of Lot 1
and their respective personal representatives, heirs, successors, and assigns, and (c) inure to
the benefit of the Owner(s) of Lot 2 and the Owner(s) of Lot 3 and their respective personal
representatives, heirs, successors, and assigns.
11.3 Declaration of Telecommunications Conduit Easement 2 (Across a
Portion of Lot 2) and Related Maintenance Covenant. The Declarant hereby grants and
declares a nonexclusive easement over, under, along and across the 10 -foot -wide strip of a
portion of Lot 2 (hereinafter referred to as "Telecommunications Easement Strip 2") that is
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AND AGREEMENT RUNNING WITH THE LAND—Page 51
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legally described on Exhibit T, attached, and depicted in the "TELECOMMUNICATIONS
EASEMENT STRIPS DETAIL" on Sheet 4 of 4 of the Record of Survey (said easement is
referred to in this Declaration as "Telecommunications Conduit Easement I") for the use,
maintenance, and repair of the portion of the Existing Common Telecommunications Conduit
and appurtenances thereto in that strip for the benefit of Lot 3 in common with Lot 2's use,
maintenance, and repair thereof; PROVIDED, HOWEVER, that:
(1) The Owner(s) of Lot 2 shall have the right at any time in the future upon
sixty (60) days' prior written notice to the then-owner(s) of Lot 3 to
relocate the portion of the Existing Common Telecommunications
Conduit (and appurtenances thereto) in that strip (using the same or new
materials as appropriate) to a different l0 -foot -wide strip of Lot 2 if:
(a) the design and location of the portion of the Existing Common
Telecommunications Conduit (and appurtenances thereto) to be
relocated have been approved by both (i) the applicable
telecommunications vendor(s) that supply telecommunications
services to the Property (if and to the extent that such approvals
by the applicable telecommunications vendor(s) are required)
and/or (ii) the City of Renton (if and to the extent that such
approvals by the City are required);
(b) the relocated portion of the Existing Common
Telecommunications Conduit connects with both (i) the
remaining portion of the Existing Common Telecommunications
Conduit to the north at some point at or south of the Lot 1 -Lot 2
common boundary so that no disturbance to the portion of the
Existing Common Telecommunications Conduit in Lot I is
necessary and (ii) either (A) the remaining portion of the Existing
Common Telecommunications Conduit to the south or (B) some
portion of the telecommunications service conduit to Building C
in Lot 2 so that no disturbance to the portion of the
telecommunications service conduit to Building C in Lot 3 is
necessary;
(c) no interruption(s) of any telecommunications service to Lot 1
and/or Lot 3 during the hours of 7:00 a.m. to 6:00 p.m. are
reasonably expected during the relocation of the portion of the
Existing Common Telecommunications Conduit (and
appurtenances thereto) due to the relocation (and with the
Owner(s) of Lot 1 to be liable for any damages that the Owner(s)
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AND AGREEMENT RUNNING WITH THE LAND—Page 52
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of Lot 2 and Lot 3 may incur that are proximately caused by such
interruption(s)); and
(d) no interruption(s) of any telecommunications service to Lot 1
and/or Lot 3 greater than one (1) hour in duration per day (and
not more than one interruption of any length per day) during the
hours of 6:00 p.m. to 7:00 a.m. are reasonably expected during
the relocation of the portion of the Existing Common
Telecommunications Conduit (and appurtenances thereto) due to
the relocation [and with the Owner(s) of Lot 2 to be liable for any
damages that the Owner(s) of Lot l and Lot 3 may incur that are
proximately caused by (i) any actual interruption that is greater
than one (1) hour in duration per day during the hours of 6:00
p.m. to 7:00 a.m. during the relocation of the portion of the
Existing Common Telecommunications Conduit (and
appurtenances thereto) due to the relocation and (ii) the
occurrence of more than one actual interruption of any length per
day during the hours of 6:00 p.m. to 7:00 a.m. during the
relocation of the portion of the Existing Common
Telecommunications Conduit (and appurtenances thereto) due to
the relocation]; and
(2) If the Owner(s) of Lot 2 exercise their right stated in item (1), above, and
relocate the portion of the Existing Common Telecommunications
Conduit (and appurtenances thereto) in that strip to a different strip in Lot
2, then the Owner(s) of Lot 2 shall immediately execute and have
acknowledged (and shall cause the holders of any mortgages, any deed of
trust beneficiaries, or any other lien holders having an interest in Lot 2 to
execute as to their consent and have acknowledged) and then record with
the King County Recorder an instrument amending Telecommunications
Conduit Easement 2 to relocate the relevant portion of
Telecommunications Easement Strip 2 for the benefit of Lot 3 over,
under, along, and across the 10 -foot -wide strip of Lot 2 that is centered
along the relocated portion of the Existing Common
Telecommunications Conduit (and any connecting additional segments
of easement area necessary to encompass and extend at least three feet
around any relocated appurtenances thereto), which strip and any
connecting additional segments of easement area shall be legally
described in a legal description and depicted on a sketch prepared by a
land surveyor duly licensed by the State of Washington and attached to
the relocation instrument.
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AND AGREEMENT RUNNING WITH THE LAND—Page 53
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Subject to the above -stated proviso, this easement shall (a) run with the land,
benefiting Lot 3 and burdening the portion of Lot 2 encompassed by Telecommunications
Easement Strip 2, (b) be binding upon the Owner(s) of the portion of Lot 2 encompassed by
Telecommunications Easement Strip 2 and their respective personal representatives, heirs,
successors, and assigns, and (c) inure to the benefit of the Owner(s) of Lot 3 and their
respective personal representatives, heirs, successors, and assigns.
In addition, the Declarant hereby declares a maintenance covenant obligating
the Owner(s) of Lot 2, at their expense, to maintain and repair as necessary the portion of the
Existing Common Telecommunications Conduit and appurtenances thereto in
Telecommunications Easement Strip 2 (and any relocation(s) thereof) to keep that portion of
the Existing Common Telecommunications Conduit and appurtenances thereto (and any
modification(s) or substitute(s)) in proper working order. This covenant shall (a) run with the
land, benefiting Lot 3 and burdening Lot 2, (b) be binding upon the Owner(s) of Lot 2 and
their respective personal representatives, heirs, successors, and assigns, and (c) inure to the
benefit of the Owner(s) of Lot 3 and their respective personal representatives, heirs,
successors, and assigns.
11.4 Declaration of Telecommunications Conduit Easement 3 Across a
Portion of Lot 2) and Related Maintenance Covenant. The Declarant hereby grants and
declares a nonexclusive easement over, under, along, and across the 10 -foot -wide strip of a
portion of Lot 2 (hereinafter referred to as "Telecommunications Easement Strip 3") that is
legally described on Exhibit U, attached, and depicted in the "TELECOMMUNICATIONS
EASEMENT STRIPS DETAIL" on Sheet 4 of 4 of the Record of Survey (said easement is
referred to in this Declaration as "Telecommunications Conduit Easement 3") for the use,
maintenance, and repair of an underground telecommunications service conduit and
appurtenances thereto in that strip for the benefit of Lot 3; PROVIDED, HOWEVER, that:
(1) The Owner(s) of Lot 2 shall have the right at any time in the future upon
sixty (60) days' prior written notice to the then-owner(s) of Lot 3 to
relocate any or all of the then -existing telecommunications conduit(s)
(and appurtenances thereto) in that strip (using the same or new materials
as appropriate) to a different 10 -foot -wide strip of Lot 2 if:
(a) the design and location of the portion of the then -existing
telecommunications conduit (and appurtenances thereto) to be
relocated have been approved by both (i) the applicable
telecommunications vendor(s) that supply telecommunications
services to Lot 3 (if and to the extent that such approvals by the
applicable telecommunications vendor(s) are required) and/or (ii)
the City of Renton (if and to the extent that such approvals by the
City are required);
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AND AGREEMENT RUNNING WITH THE LAND—Page 54
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(b) the relocated portion of the then -existing telecommunications
conduit connects with both (i) the Existing Common
Telecommunications Conduit to the north (as it may by then have
been relocated pursuant to Section 11.3, above, and (ii) the
remaining portion of the telecommunications service conduit to
the south in Lot 2 so that no disturbance to the portion of the
telecommunications service conduit to Building C in Lot 3 is
necessary;
(c) no interruption(s) of any telecommunications service to Lot 3
during the hours of 7:00 a.m. to 6:00 p.m. are reasonably
expected during the relocation of the portion of the then -existing
telecommunications service conduit (and appurtenances thereto)
due to the relocation (and with the Owner(s) of Lot 1 to be liable
for any damages that the Owner(s) of Lot 2 and Lot 3 may incur
that are proximately caused by such interruption(s)); and
(d) no interruption(s) of any telecommunications service to Lot 3
greater than one (1) hour in duration per day (and not more than
one interruption of any length per day) during the hours of 6:00
p.m. to 7:00 a.m. are reasonably expected during the relocation of
the portion of the then -existing telecommunications service
conduit (and appurtenances thereto) due to the relocation [and
with the Owner(s) of Lot l to be liable for any damages that the
Owner(s) of Lot 2 and Lot 3 may incur that are proximately
caused by (i) any actual interruption that is greater than one (1)
hour in duration per day during the hours of 6:00 p.m. to 7:00
a.m. during the relocation of the portion of the then -existing
telecommunications service conduit (and appurtenances thereto)
due to the relocation and (ii) the occurrence of more than one
actual interruption of any length per day during the hours of 6:00
p.m. to 7:00 a.m. during the relocation of the portion of the then -
existing telecommunications service conduit (and appurtenances
thereto) due to the relocation]; and
(2) If the Owner(s) of Lot 2 exercise their right stated in item (1), above, and
relocate the portion of the then -existing telecommunications service
conduit (and appurtenances thereto) in that strip to a different strip in Lot
2, then the Owner(s) of Lot 2 shall immediately execute and have
acknowledged (and shall cause the holders of any mortgages, any deed of
trust beneficiaries, or any other lien holders having an interest in Lot 2 to
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execute as to their consent and have acknowledged) and then record with
the King County Recorder an instrument amending Telecommunications
Conduit Easement 3 to relocate the relevant portion of
Telecommunications Easement Strip 3 for the benefit of Lot 3 over,
under, along, and across the 10 -foot -wide strip of Lot 3 that is centered
along the relocated portion of the then -existing telecommunications
service conduit (and any connecting additional segments of easement
area necessary to encompass and extend at least three feet around any
relocated appurtenances thereto), which strip and any connecting
additional segments of easement area shall be legally described in a legal
description and depicted on a sketch prepared by a land surveyor duly
licensed by the State of Washington and attached to the relocation
instrument.
Subject to the above -stated proviso, this easement shall (a) run with the land,
benefiting Lot 3 and burdening the portion of Lot 2 encompassed by Telecommunications
Easement Strip 3, (b) be binding upon the Owner(s) of the portion of Lot 2 encompassed by
Telecommunications Easement Strip 3 and their respective personal representatives, heirs,
successors, and assigns, and (c) inure to the benefit of the Owner(s) of Lot 3 and their
respective personal representatives, heirs, successors, and assigns.
In addition, the Declarant hereby declares a maintenance covenant obligating
the Owncr(s) of Lot 2, at their expense, to maintain and repair as necessary the
telecommunications service conduit and appurtenances thereto in Telecommunications
Easement Strip 3 (and any relocation(s) thereof) to keep that telecommunications service
conduit and appurtenances thereto (and any modification(s) or substitute(s)) in proper working
order. This covenant shall (a) run with the land, benefiting Lot 3 and burdening Lot 2, (b) be
binding upon the Owner(s) of Lot 2 and their respective personal representatives, heirs,
successors, and assigns, and (c) inure to the benefit of the Owner(s) of Lot 3 and their
respective personal representatives, heirs, successors, and assigns.
12. Trash Dumpster(s) and Refuse Service. Unless otherwise agreed -to in
writing between the Owner(s) of any two or more of the Lots, the Owner(s) of each Lot shall, at
their expense, provide and maintain a trash dumpster on such Lot for the deposit of all trash
generated on that Lot. No easements for access to or use of a dumpster on one Lot for the
benefit of another Lot are provided by this Declaration. The Owner(s) of each Lot shall be
responsible for securing regularly provided refuse service for the tenant(s) on such Lot.
13. Concrete Patio. An outdoor concrete patio area (located generally between
Buildings A and B) currently straddles a portion of the common lot line between Lots 1 and
2. No easement for joint use of the patio area by the Owner(s) of Lot 1 (and their respective
tenants, invitees, and licensees) on the one hand and by the Owner(s) of Lot 2 (and their
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respective tenants, invitees, and licensees) on the other hand is provided by this Declaration. At
any time, the Owner(s) of Lot 1 or the Owner(s) of Lot 2, without the consent of the other but
at their own expense, may (a) install a fence or wall on top of the patio centered along the
common lot line between Lots 1 and 2 to physically divide the patio into two parts and/or (b)
eliminate the portion of the patio on their Lot.
14. Outdoor Lighting.
14.1 General Explanation of the Existing Outdoor Lightint'. There are
currently three types of outdoor lights on the Property: (l) pole lights for parking lot lighting,
(2) low-level walk lights and (3) building soffit lights.
The approximate locations of the existing light poles on which the pole lights
are mounted are shown by a "LIGHT POLE" symbol on Sheets 1 of 4 and 2 of 4 of the Record
of Survey. (See the Legend on Sheet 2 of 4 of the Record of Survey for that symbol.) Of the
seventeen (17) total light poles, four (4) are on Lot 1, two (2) are on Lot 2 and eleven (11) are
on Lot 3.
Likewise, the approximate locations of the existing walk lights are shown by a
"WALK LIGHT" symbol on Sheets 1 of 4 and 2 of 4 of the Record of Survey. (See the
Legend on Sheet 2 of 4 of the Record of Survey for that symbol.) There are currently six (6)
walk lights on Lot 1, six (6) walk lights on Lot 2 and eleven (11) walk lights on Lot 3.
Locations of soffit lights are not depicted on the Record of Survey.
Building A's "house" electric meter currently meters the electricity that
powers (a) the walk lights for both Lot 1 and Lot 2 and (b) Building A's soffit lights. Section
14.2, below, makes provision for addressing payment obligations for the cost of electric
power to the walk lights in Lot 2 upon a conveyance of Lot 1 or Lot 2 that places those Lots
in differing ownerships.
Building B's "house" electric meter currently meters the electricity that
powers (a) the pole lights for Lots 1, 2, and 3 and (b) Building B's soffit lights. Building C's
"house" meter currently meters the electricity that powers (a) the walk lights for Lot 3 and (b)
Building C's soffit lights.
14.2 Covenant Regarding Sharing of the Electrical Power Costs for the
Walk_Lip_hts on Lot 2. Upon a conveyance of Lot I or Lot 2 that places those Lots in
differing ownerships, unless either (a) the electrical wiring supplying power to the walk lights
on Lot 2 is modified so that power to those walk lights is supplied from Lot 2's electrical
service and metered from an electrical meter on Lot 2 so that Building A's "house meter" no
longer meters the electric power for those walk lights on Lot 2 (which modification either the
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Owner(s) of Lot 1 or the Owner(s) of Lot 2 may effectuate at any time at their own expense,
provided that in doing so the effectuating Owner(s) shall be liable for all costs and expenses
associated therewith, including the cost of repairs to any improvements on either Lot 1 or Lot
2 damaged by the modification), or (b) otherwise agreed to in writing between the Owner(s)
of Lot 1 and the Owner(s) of Lot 2, the Owner(s) of Lot 1 may do the following:
(1) Install a private "deduct" meter for the power supplied to the walk
lights on Lot 2 from Lot 1's electric power service; and
(2) From time to time notify the Owner(s) of Lot 2 (or the agent of such
Owner(s)) in writing as to:
(a) the amount of power that the deduct meter shows has been
consumed by the walk lights on Lot 2 during a particular
period of time;
(b) the total amount of power metered by Building A's "house
meter" during a corresponding time period;
(c) the overall charges (including applicable taxes) for the electric
power that the electric power company billed to the Owner(s)
of Lot 1 for all of the power metered through Building A's
"house" meter for the corresponding time period (the "Building
A `House' Meter Power Charges") (and shall include a set of
copies of the power bill(s) for such period from the electric
power company); and
(d) the pro rata share of the Building A `House' Meter Power
Charges that the amount of power that the deduct meter shows
has been consumed by the walk lights on Lot 2 equals (the "Lot
2 Walk Lights Pro Rata Power Cost Share").
The Declarant hereby declares a covenant obligating the Owner(s) of Lot 2 to reimburse the
Owner(s) of Lot 1 for each increment of the Lot 2 Walk Lights Pro Rata Power Cost Share
that the Owner(s) of Lot 1 notify them of plus fifteen (l 5) percent for administration, with such
reimbursement and payment of the fifteen (15) percent administration charge to be paid not
later than twenty (20) days following receipt of such notice thereof. This covenant shall (a)
run with the land, benefiting Lot l and burdening Lot 2, (b) be binding upon the Owner(s) of
Lot 2 and their respective personal representatives, heirs, successors, and assigns, and (c)
inure to the benefit of the Owner(s) of Lot 1 and their respective personal representatives,
heirs, successors, and assigns. If and to the extent that any such sum(s) are not timely paid,
then:
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(a) The Owner(s) of Lot 1 shall be deemed to have a lien upon Lot 2 for
(i) all sums owing, (ii) for late payment charges at the rate of twelve
(12) percent per annum compounded monthly on all sums owing until
paid and (iii) for reasonable attorney's fees incurred in the effort to
collect unpaid sums owing and the late payment charges thereon,
whether or not suit is filed for collection; and
(b) The Owner(s) of Lot 1 may at any time shut off electric power from
the Lot 1 electric service that is metered by the Building A "house"
meter to the walk lights on Lot 2.
This covenant shall (a) run with the land, benefiting Lot 1 and burdening Lot
2, (b) be binding upon the Owner(s) of Lot 2 and their respective personal representatives,
heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of Lot 1 and their
respective personal representatives, heirs, successors, and assigns.
The Owner(s) of Lot 2 shall have sole responsibility for maintenance and
repair of the walk lights on Lot 2.
14.3 Covenants Rep_ardinp_ Supplv of Electric Power and Sharing the
Cost of Electric Power for the Pole Lights on All Three of the Lots. The Declarant hereby
declares a covenant obligating the Owner(s) of Lot 2 to supply electric power to the pole lights
on all three of the Lots, subject to the other provisions of this Section 14.3. This covenant shall
(a) run with the land, benefiting Lots 1 and 3 and burdening Lot 2, (b) be binding upon the
Owner(s) of Lot 2 and their respective personal representatives, heirs, successors, and
assigns, and (c) inure to the benefit of the Owner(s) of Lot 1 and the Owner(s) of Lot 3 and
their respective personal representatives, heirs, successors, and assigns.
The Declarant hereby also declares a covenant obligating the Owner(s) of Lot 1
and the Owner(s) of Lot 2 to share in the cost of supplying electric power to the pole lights on
all three of the Lots if the Owner(s) of Lot 2 utilize either of the following two approaches:
(a) Approach 1: The Owner(s) of Lot 2 may install a separate power
service and associated meter (a meter periodically read by the electric
power company) for the pole lights, in which event the Owner(s) of
Lot 2 shall (i) set up a separate corresponding account with the electric
power company in the name of the Owner(s) of Lot 2 (or in their
agent's name) for receipt of bills for the power consumed by the pole
lights and (ii) pay the electric company in the first instance for the
electric bills for the power consumed by all of the pole lights on all
three of the Lots (including applicable taxes), subject to
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reimbursement by the Owner(s) of Lot l and the Owner(s) of Lot 3.
The Owner(s) of Lot 2 may then forward a copy of each such bill to the
Owner(s) of Lot 1 (along with a request for reimbursement to the
Owner(s) of Lot 2 for payment of 23.53 percent of each such bill plus an
administrative charge of 15 percent thereof) and the Owner(s) of Lot 3
(along with a request for reimbursement to the Owner(s) of Lot 2 for
payment of 64.71 percent of each such bill plus an administrative charge
of 15 percent thereof°) The Owner(s) of Lot 1 and the Owncr(s) of Lot
3 shall be obligated to pay each of their respective reimbursements plus
the corresponding administrative charge to the Owner(s) of Lot 2 not
later than twenty (20) days following receipt of each such bill copy and
corresponding request for reimbursement, failing which:
(a) Late payment charges shall accrue at the rate of
twelve (12) percent per annum compounded
monthly on all sums owing until paid;
(b) The defaulting Owner(s) shall be liable for the
reasonable attorney's fees of the Owner(s) of Lot 2
in collecting unpaid sums that are due, whether or
not suit is filed for collection;
(c) The Owner(s) of Lot 2 shall be deemed to have a
lien upon Lot l and/or Lot 3 as the case may be for
(i) all of the above sums owing (including, without
limitation, the reasonable attorney's fees incurred in
the effort to collect unpaid sums) and (ii) the
expenses of foreclosure of the lien, including
reasonable attorney's fees related thereto).
(b) Approach 2: The Owner(s) of Lot 2 may install a private "deduct"
meter to meter the power supplied to the pole lights from Lot 2's
electric power service that is metered by Building B's "house" meter,
in which case the Owner(s) of Lot 2 may from time to time take meter
readings from the "deduct" meter and notify in writing the Owner(s) of
Lot 1 (or the agent of such Owner(s)) and the Owner(s) of Lot 3 (or
`The 23.53 percent figure is based upon the fact that four of the seventeen pole lights are located on Lot 1.
d The 64.71 percent figure is based upon the fact that eleven of the seventeen pole lights are located on Lot 3.
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the agent of such Owner(s)) as to the following items and request
reimbursement:
(1) the amount of power that the deduct meter shows has
been consumed by all the pole lights on the Property
during a particular period of time;
(2) the total amount of power metered by Building B's
"house meter" during a corresponding time period;
(3) the overall charges (including applicable taxes) for the
electric power that the electric power company billed to
the Owner(s) of Lot 2 for all of the power metered
through Building B's "house" meter for the
corresponding time period (the "Building B `House'
Meter Power Charges") (and shall include a set of
copies of the power bill(s) for such period from the
electric power company);
(4) the pro rata share of the Building B `House' Meter
Power Charges that the amount of power that the
deduct meter shows has been consumed by the pole
lights on all three of the Lots equals (the "Pole Lights
Pro Rata Power Cost Share for All Lots"); and
(5) a breakdown showing both (i) Lot 1's reimbursement
portion of the Pole Lights Pro Rata Power Cost Share
for All Lots as 23.53 percent thereof and (ii) Lot 3's
reimbursement portion of the Pole Lights Pro Rata
Power Cost Share for All Lots as 64.71 percent thereof.
The Owner(s) of Lot 1 and the Owner(s) of Lot 3 shall be obligated to
pay each of their respective reimbursements plus a corresponding fifteen
(15) percent administrative charge to the Owner(s) of Lot 2 not later
than twenty (20) days following receipt of each such notice and
corresponding request for reimbursement, failing which:
(a) Late payment charges shall accrue at the rate of
twelve (12) percent per annum compounded
monthly on all sums owing until paid;
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(b) The defaulting Owner(s) shall be liable for the
reasonable attorney's fees incurred by the Owner(s)
of Lot 2 in collecting unpaid sums that are due,
whether or not suit is filed for collection;
(c) The Owner(s) of Lot 2 shall be deemed to have a
lien upon Lot 1 and/or Lot 3 as the case may be for
(i) all of the above sums owing (including, without
limitation, the reasonable attorney's fees incurred in
the effort to collect unpaid sums) and (ii) the
expenses of foreclosure of the lien, including
reasonable attorney's fees related thereto); and
(d) The Owner(s) of Lot 2 may at any time shut off
electric power from the Lot 2 electric service that is
metered by the Building B "house" meter to the
pole lights on Lot 1 (if the Owner(s) of Lot 1 have
failed to timely pay) and/or Lot 3 (if the Owner(s)
of Lot 3 have failed to timely pay).
This covenant shall (a) run with the land, benefiting Lot 2 and burdening Lot 1
and Lot 3, (b) be binding upon the Owner(s) of Lot 1 and the Owner(s) of Lot 3 and their
respective personal representatives, heirs, successors, and assigns, and (c) inure to the benefit
of the Owner(s) of Lot 2 and their respective personal representatives, heirs, successors, and
assigns.
14.4 _ Covenants Regarding Maintenance. Operation, and
Repair/Replacement of the Walk Lights and the Pole Lights on Each of the Three Lots.
The Declarant hereby declares a covenant obligating the Owner(s) of Lot 1 to maintain in good
working order, operate, and repair and/or replace when necessary the walk lights and the pole
lights on Lot 1. This covenant shall (a) run with the land, benefiting Lots 2 and 3 and
burdening Lot 1, (b) be binding upon the Owner(s) of Lot 1 and their respective personal
representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of
Lot 2 and the Owner(s) of Lot 3 and their respective personal representatives, heirs,
successors, and assigns.
The Declarant hereby declares a covenant obligating the Owner(s) of Lot 2 to
maintain in good working order, operate, and repair and/or replace when necessary the walk
lights and the pole lights on Lot 2. This covenant shall (a) run with the land, benefiting Lots l
and 3 and burdening Lot 2, (b) be binding upon the Owner(s) of Lot 2 and their respective
personal representatives, heirs, successors, and assigns, and (c) inure to the benefit of the
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Owner(s) of Lot 1 and the Owner(s) of Lot 3 and their respective personal representatives,
heirs, successors, and assigns.
The Declarant hereby declares a covenant obligating the Owner(s) of Lot 3 to
maintain in good working order, operate, and repair and/or replace when necessary the walk
lights and the pole lights on Lot 3. This covenant shall (a) run with the land, benefiting Lots 1
and 2 and burdening Lot 3, (b) be binding upon the Owner(s) of Lot 3 and their respective
personal representatives, heirs, successors, and assigns, and (c) inure to the benefit of the
Owner(s) of Lot 1 and the Owner(s) of Lot 2 and their respective personal representatives,
heirs, successors, and assigns.
15. Time of the Essence. Time is of the essence of each and every provision of
this Declaration.
16. Term. The easements, covenants and other provisions set forth in this
Declaration shall be effective commencing on the date of recordation of this Declaration in
the office of the King County Recorder and shall remain in full force and effect in perpetuity,
unless this Declaration is modified, amended, or terminated in accordance with Sections 17 or
32 hereof
17. Amendment or Modification. This Declaration may not be modified or
amended except by a writing signed by the Owner(s) of all of the Lot(s); PROVIDED,
HOWEVER, that in regard to any of the easements that only involve two of the Lots (one Lot
as the benefitted estate and the other as the burdened estate), the owner(s) of those two Lots
may amend only such easements provided that such amendments do not substantially impair
the rights under this Declaration of the Owner(s) of the third Lot. No such modification or
amendment shall be effective until such modification or amendment has been recorded in the
real property records of King County, Washington.
18. Declaration to Run with the Land; Successors. This Declaration shall run
with the land comprising the Property and shall be binding upon and shall inure to the benefit
of the Owner(s) of the Lots and their respective heirs, successors, and assigns.
19. Release of Oblip-ations. If the Declarant or the Declarant's successor(s) in
ownership of any of the Lots (or any portion thereof) shall sell, transfer or otherwise
terminate its or their interest as owner(s) of said Lot(s) or portion thereof, then, from and after
the effective date of such sale, transfer, or termination of interest, the transferee(s), by
acceptance of the transfer of such interest, shall thereupon become subject to the easements,
covenants, and other provisions contained in this Declaration in relation to the Lot(s) or
portion(s) thereof that are acquired, and the selling or transferring Declarant or other owner(s)
shall be released and discharged from any and all obligations, responsibilities, and liabilities
under this Declaration as to the Lot(s) or portion(s) thereof so sold or transferred, except
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those damages or liabilities (if any) that have already accrued as of the date of such sale,
transfer or termination of interest.
20. Duty to Restore the Land Subiect to the Easements Upon Exercise of
Easement Rights. Upon the completion of any instance of the exercise of easement rights
arising under this Declaration, the Owner(s) of any Lot(s) exercising such rights on another
Owner(s)' Lot(s) shall promptly repair any damage caused to the other Owner(s)' Lot(s) so as
to restore the other Owner(s)' Lot(s) to substantially the condition they were in prior to the
exercise of such rights.
21. Indemnification. The Owner(s) of each of the Lots shall indemnify, defend
and hold harmless the Owners(s) of the other Lots from any and all damages, claims, or
liabilities resulting from the actions of the indemnifying Owner(s) and those Owncr(s)'
employees, contractors, agents, tenants, invitees, and licensees that may be proximately caused
by the use of any easement(s) established by this Declaration for the benefit of the
indemnifying Owner(s) on one or more of the other Lots, except as may result from the
negligence or intentional misconduct of the Owner(s) whose Lot(s) are subjected to the
easement.
22. Enforcement; Venue. Declarant and its successors and assigns and successor
owners in fee title to all or any part of the Property shall have the right to prosecute a
proceeding at law or in equity against any person or persons who have violated or breached or
are attempting to violate or breach any of the easements, covenants, or other provisions set forth
in this Declaration, to enjoin or prevent them from doing so, and/or to cause said violation or
breach to be remedied and/or to recover damages for said violation. The failure of any person or
entity having a right to do so to enforce any of the easements, covenants, or other provisions
contained in this Declaration shall in no event be deemed to be a waiver of the right to thereafter
do so nor of the right to enforce any other of the easements, covenants, or other provisions set
forth in this Declaration. The sole place of venue for any proceedings arising out of this
Declaration shall be King County, Washington.
23. Costs and Fees. In the event a person or entity so entitled files an action to (a)
enforce compliance with this Declaration or (b) allege a breach of this Declaration, the party
that substantially prevails in that action shall be entitled to receive from the part(ies) which do
not substantially prevail reasonable attorney's fees and all necessary and reasonable litigation
expenses incurred in obtaining relief, including those incurred in any appeal arising out of the
action.
24. Applicable Law. This Declaration shall be construed in accordance with and
all disputes hereunder shall be governed by the laws of the State of Washington.
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25. Self Help. In addition to all other remedies available at law in equity (and in
addition to any other remedies specifically provided in other sections of this Declaration),
upon the failure of defaulting Owner(s) of any Lot(s) to cure a breach of this Declaration by
such Owner or by its employees, contractors, agents, tenants, invitees, and licensees within
thirty (30) days following written notice thereof by the Owner(s) of one or more of the other
Lots (or within a shorter period of time following such written notice if necessary to avert
substantial damages to the other Owner(s)), any Owner(s) shall have the right to perform such
obligation on behalf of such defaulting Owner(s) and be reimbursed by such defaulting
Owner(s) within twenty (20) days following demand for the reasonable costs thereof, with
interest compounding monthly until paid at the prime rate interest of Bank of America or its
successor (or in the event that Bank of America or its successor is no longer in existence, then
the prime rate interest of another federally chartered bank that has offices in Seattle,
Washington, selected by the nondefaulting Owner(s)), plus five (5) percentage points per
annum (not to exceed the maximum rate of interest allowed by law).
26. No Termination for Breach. Notwithstanding anything to the contrary
contained in this Declaration, in no event shall any default or breach under this Declaration
entitle any party to seek or to enforce the cancellation, rescission, or termination in whole or
in part of this Declaration or of any of the easements or covenants set forth herein. No breach
hereunder shall defeat or render invalid the lien of any mortgage or deed of trust upon any of
the Lots made in good faith for value, but the easements, rights, and obligations contained in
this Declaration shall be binding upon and effective against any Owner(s) of such Lot(s)
whose title thereto is acquired by foreclosure, trustee's sale, or otherwise.
27. Severability. If any provision of this Declaration is determined by a court to be
invalid or unenforceable, the remainder of this Declaration shall remain in full force and effect.
28. Notices. Any notice to be given by any Owner(s) under this Declaration shall
be given in writing and delivered in person, or by reputable nationwide overnight courier
(e.g., FedEx), or by certified or registered mail, postage prepaid, return receipt requested, to
the residence address of the intended recipient (if the intended recipient is a natural person) or
to the office of the registered agent of the intended recipient (if the intended recipient is a
corporation, limited partnership, limited liability company, or other legal entity or association
that is required to have a registered agent), unless the party giving such notice has been
previously notified, in writing, by the intended recipient of a change of address. Any such
notice shall be deemed effective on the date on which such notice is delivered, if notice is
given by personal delivery, on the next succeeding business day after deposit with an
overnight courier for next day delivery, or on the date of actual delivery as shown by the
addressee's return receipt if notice is sent through the United States mail.
The Declarant's current address is:
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Strada Da Valle LLC
Attn: Ariane Elvebak
9125 -10th Avenue South
Seattle, Washington 98108-4612
29. No Rights in the Public. Nothing contained herein shall be construed as
creating any rights in the general public or as dedicating for public use any portion of the
Property.
30. Estoppel Certificates. The Owner(s) of any Lot(s), upon receiving a written
request from the Owner(s) of one or more of the other Lots, must execute, have
acknowledged, and deliver, without charge and within thirty (30) days following such
request, an estoppel certificate that (a) certifies that this Declaration is in full force and effect,
(b) identifies any and all amendments to the Declaration, (c) certifies that no Owner is in
default hereunder or under any amendment(s) (or stating such default(s), if any, as are
claimed), and (d) certifies that the certificate is true and correct; PROVIDED, HOWEVER,
that no additional certificate need be provided to the same requesting Owner(s) until 12
months have passed since the giving of the prior certificate.
31. Exhibits. All Exhibits referred to herein are incorporated herein by this
reference.
32. No Merger; Prerequisite to Termination. The acquisition of title to all of the
Lots by one Owner or set of common Owners shall not terminate this Declaration. This
Declaration shall not be terminated without the express written consent of all of the Owner(s)
of all three of the Lots recorded in a termination instrument recorded with the King County
Recorder.
33. Date. The reference date of this Declaration is November 1, 2010.
DECLARANT:
STRADA DA VALLE LLC, a Washington limited liability company
By:
Gary M. Mer 'no, Manager
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STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
I certify that l know or have satisfactory evidence that GARY M. MERLINO is the person who
appeared before me and acknowledged that he signed the instrument, on oath stated that he was
authorized to execute the instrument and acknowledged it as a manager of STRADA DA
VALLE LLC, a Washington limited liability company, to be the free and voluntary act and deed
of such limited liability company for the uses and purposes mentioned in the instrument.
Dated: _\5, NcyE"^3ER -Lot c>
11_�Z ,'\.`
Signature
Name (Print)
Notary Public
Title
':R let. ao► `i
My Appointment Expires
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T
20110112000536.069
EXHIBIT A
Legal Description of
"Joint Use Driveway Easement Strip A"
THAT PORTION OF LOT 1 OF THE STRADA DA VALLE SHORT PLAT, LYING
IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30,
TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING A STRIP OF LAND,
15.00 FEET IN WIDTH, LYING 15.00 FEET NORTH OF THE FOLLOWING
DESCRIBED LINE:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER;
THENCE SOUTH 01049'52" WEST ALONG THE WEST LINE OF. SAID
NORTHEAST QUARTER 99.11 FEET;
THENCE SOUTH 88010'08" EAST 30.00 FEET TO THE EAST MARGIN OF
EAST VALLEY ROAD;
THENCE SOUTH 01049'52" WEST ALONG SAID MARGIN 430.70 FEET TO THE
BEGINNING OF THIS DESCRIBED CENTERLINE;
THENCE SOUTH 88010'08" EAST 53.35 FEET ALONG THE SOUTH LINE OF
SAID LOT 1 OF THE STRADA DA VALLE SHORT PLAT TO THE TERMINUS OF
THIS DESCRIBED CENTERLINE;
SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON.
An -,r-16>
STRADA DA VALLE
JAMES M. HARPER, P.L.S.
BRH JOB NO. 2008105.00
MARCH 02, 2009
BUSH, ROED & HITCHINGS, INC.
2009 MINOR AVENUE EAST
SEATTLE, WA 98102
(206) 323-4144
20110112000536.070
EXHIBIT B
Legal Description of
"Joint Use Driveway Easement Strip B"
THAT PORTION OF LOT 2 OF THE STRADA DA VALLE SHORT PLAT, LYING
IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30,
TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING A STRIP OF LAND,
25.00 FEET IN WIDTH, LYING 15.00 FEET SOUTH OF THE FOLLOWING
DESCRIBED LINE:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER;
THENCE SOUTH 01049'52" WEST ALONG THE WEST LINE OF SAID
NORTHEAST QUARTER 99.11 FEET;
THENCE SOUTH 88010'08" EAST 30.00 FEET TO THE EAST MARGIN OF
EAST VALLEY ROAD;
THENCE SOUTH 01049'52" WEST ALONG SAID MARGIN 430.70 FEET TO THE
BEGINNING OF THIS DESCRIBED CENTERLINE;
THENCE SOUTH 88010'08" EAST 53.35 FEET ALONG THE SOUTH LINE OF
SAID LOT 1 OF THE STRADA DA VALLE SHORT PLAT TO THE TERMINUS OF
THIS DESCRIBED CENTERLINE;
SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON.
07
d -10
4404
STRADA DA VALLE
JAMES M. HARPER, P.L.S.
SRH JOB NO. 2008105.00
MARCH 02, 2009
BUSH, ROED & HITCHINGS, INC.
2009 MINOR AVENUE EAST
SEATTLE, WA 98102
(206) 323-4144
20110112000536.071
EXHIBIT C
Legal Description of
"Joint Use Driveway Easement Strip C"
THAT PORTION OF LOT 2 OF THE STRADA DA VALLE SHORT PLAT, LYING
IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30,
TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING A STRIP OF LAND,
16.00 FEET IN WIDTH, LYING 16.00 FEET NORTH OF THE FOLLOWING
DESCRIBED LINE:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER;
THENCE SOUTH 01049'52" WEST ALONG THE WEST LINE OF SAID
NORTHEAST QUARTER 99.11 FEET;
THENCE SOUTH 88010'08" EAST 30.00 FEET TO THE EAST MARGIN OF
EAST VALLEY ROAD;
THENCE SOUTH 01049'52" WEST ALONG SAID MARGIN 721.09 FEET TO THE
BEGINNING OF THIS DESCRIBED CENTERLINE;
THENCE SOUTH 88010'08" EAST 53.35 FEET ALONG THE SOUTH LINE OF
SAID LOT 2 OF THE STRADA DA VALLE SHORT PLAT TO THE TERMINUS OF
THIS DESCRIBED CENTERLINE;
SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON.
STRADA DA VALLE
JAMES M. HARPER, P.L.S.
BRH JOB NO. 2008105.00
MARCH 02, 2009
BUSH, ROED & HITCHINGS, INC.
2009 MINOR AVENUE EAST
SEATTLE, WA 98102
(206) 323 -4 144
20110112000536.072
EXHIBIT D
Legal Description of
"Joint Use Driveway Easement Strip D"
THAT PORTION OF LOT 3 OF THE STRADA DA VALLE SHORT PLAT, LYING
IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30,
TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING A STRIP OF LAND,
16.00 FEET IN WIDTH, LYING 1.6.00 FEET SOUTH OF THE FOLLOWING
DESCRIBED LINE:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER;
THENCE SOUTH 01049'52" WEST ALONG THE WEST LINE OF SAID
NORTHEAST QUARTER 99.11 FEET;
THENCE SOUTH 88010'08" EAST 30.00 FEET TO THE EAST MARGIN OF
EAST VALLEY ROAD;
THENCE SOUTH 01049'52" WEST ALONG SAID MARGIN 721.09 FEET TO THE
BEGINNING OF THIS DESCRIBED CENTERLINE;
THENCE SOUTH 88010'08" EAST 53.35 FEET ALONG THE SOUTH LINE OF
SAID LOT 2 OF THE STRADA DA VALLE SHORT PLAT TO THE TERMINUS OF
THIS DESCRIBED CENTERLINE;
SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON.
PRSHqZZ
�c��j��F Weal
a
ifs
oa83a
LAr1� S
STRADA DA VALLE
JAMES M. HARPER, P.L.S.
BRH JOB N0, 2008105.00
MARCH 02, 2009
BUSH, ROED & HITCHINGS, INC.
2009 MINOR AVENUE EAST
SEATTLE, WA 98102
(206) 323-4144
20110112000536.073
EXHIBIT E-1
Legal Description of
"Detention Pond Easement Area"
THAT PORTION OF LOT 3 OF THE STRADA DA VALLE SHORT PLAT LYING IN
THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30,
TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER;
THENCE SOUTH 01049'52" WEST ALONG THE WEST LINE OF SAID
NORTHEAST QUARTER 99.1.1 FEET;
THENCE SOUTH 88010'08" EAST 30.00 FEET TO THE EAST MARGIN OF
EAST VALLEY ROAD;
THENCE SOUTH 01049'52" WEST ALONG SAID MARGIN 1217.03 FEET TO
THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 30;
SAID SOUTH LINE BEING ALSO THE SOUTH LINE OF LOT 3 OF THE STRADA
DA VALLE SHORT PLAT;
THENCE SOUTH 89045'25" EAST ALONG SAID SOUTH LINE 66.68 FEET;
THENCE NORTH 00014'35" EAST 1.70 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 89045'25" EAST PARALLEL WITH AND 1.70 FEET
NORTHERLY FROM SAID SOUTH LINE 185.50 FEET TO THE BEGINNING OF A
CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 17.50 FEET, AND A
CENTRAL ANGLE OF 180000'00";
THENCE EASTERLY, NORTHERLY AND WESTERLY ALONG SAID CURVE AN ARC
LENGTH OF 54.98 FEET;
THENCE NORTH 89045'25" WEST 185.50 FEET TO THE BEGINNING OF A
CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 17.50 FEET, AND A
CENTRAL ANGLE OF 180000'00";
THENCE WESTERLY, SOUTHERLY AND EASTERLY ALONG SAID CURVE AN ARC
LENGTH OF 54.98 FEET TO THE POINT OF BEGINNING;
SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON.
/�l -- 7-/0
STRADA DA VALLE
JAMES M. HARPER, P.L.S.
BRE JOB NO. 2008105.00
MARCH 02, 2009
BUSH, ROED & HITCHINGS, INC.
2009 MINOR AVENUE EAST
SEATTLE, WA 98102
(206) 323-4144
20110112000536.074
EXHIBIT E-2
Legal Description of
"Detention Pond Access Easement Area"
THAT PORTION OF LOT 3 OF THE STRADA DA VALLE SHORT PLAT LYING IN
THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30,
TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER;
THENCE SOUTH 01049'52" WEST ALONG THE WEST LINE OF SAID
NORTHEAST QUARTER 99.11. FEET;
THENCE SOUTH 88010108" EAST 30.00 FEET TO THE EAST MARGIN OF
EAST VALLEY ROAD;
THENCE SOUTH 01049'52" WEST ALONG SAID MARGIN 1217.03 FEET TO
THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 30;
SAID SOUTH LINE BEING ALSO THE SOUTH LINE OF LOT 3 OF THE STRADA
DA VALLE SHORT PLAT;
THENCE SOUTH 89045'25" EAST ALONG SAID SOUTH LINE 66.68 FEET TO
THE POINT OF BEGINNING;
THENCE NORTH 00014'35" EAST 1.70 FEET TO THE BEGINNING OF A NON -
TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 17.50 FEET,
A CENTRAL ANGLE OF 18000010011, AND TO WHICH A RADIAL LINE BEARS
SOUTH 00014'35" WEST;
THENCE WESTERLY, NORTHERLY AND EASTERLY ALONG SAID CURVE AN ARC
LENGTH OF 54.98 FEET;
THENCE SOUTH 89045'25" EAST 185.50 FEET TO THE BEGINNING OF A
CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 17.50 FEET, AND A
CENTRAL ANGLE OF 180°00'00"•
THENCE EASTERLY, SOUTHERLY AND WESTERLY ALONG SAID CURVE AN ARC
LENGTH OF 54.98 FEET;
THENCE SOUTH 00014'35" WEST 1.70 FEET TO SAID SOUTH LINE OF THE
SOUTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 30;
THENCE SOUTH 89045'25" EAST 11..73 FEET ALONG SAID SOUTH LINE TO
THE BEGINNING OF A NON -TANGENT CURVE CONCAVE TO THE WEST HAVING
A RADIUS OF 22.50 FEET, A CENTRAL ANGLE OF 148034'34", AND TO
WHICH A RADIAL LINE BEARS SOUTH 31010'51" EAST;
THENCE NORTHEASTERLY, NORTHERLY AND WESTERLY ALONG SAID CURVE AN
ARC LENGTH OF 58.35 FEET;
THENCE NORTH 8904525" WEST 185.50 FEET TO THE BEGINNING OF A
CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 22.50 FEET, AND A
CENTRAL ANGLE OF 148034'34";
PAGE 1 OF 2
20110112000536.075
THENCE WESTERLY, SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE AN
ARC LENGTH OF 58.35 FEET TO SAID SOUTH LINE OF THE SOUTH LINE OF
SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30;
THENCE SOUTH 89045'25" EAST 11.73 FEET ALONG SAID SOUTH LINE TO
THE POINT OF BEGINNING;
TOGETHER WITH THAT PORTION OF SAID LOT 3, BEING A STRIP OF LAND,
1.5.00 FEET IN WIDTH, LYING 7.50 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER;
THENCE SOUTH 01049'52" WEST ALONG THE WEST LINE OF SAID
NORTHEAST QUARTER 99.11 FEET;
THENCE SOUTH 88010'08" EAST 30.00 FEET TO THE EAST MARGIN OF
EAST VALLEY ROAD;
THENCE SOUTH 01049'52" WEST ALONG SAID MARGIN 1217.03 FEET TO
THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 30;
SAID SOUTH LINE BEING ALSO THE SOUTH LINE OF LOT 3 OF THE STRADA
DA VALLE SHORT PLAT;
THENCE NORTH 01049'52" EAST ALONG SAID MARGIN 71.45 FEET TO THE
BEGINNING OF THIS DESCRIBED CENTERLINE;
THENCE SOUTH 88010'08" EAST 72.40 FEET;
THENCE SOUTH 00014'35" WEST 27.70 FEET TO A POINT 41.70 FEET
NORTHERLY FROM AND PERPENDICULAR TO SAID SOUTH LINE OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER, AND TO THE TERMINUS
OF THIS DESCRIBED CENTERLINE;
THE SIDELINES OF SAID EASEMENT TO BE SHORTENED OR LENGTHENED TO
MEET AT ANGLE POINTS AND TO TERMINATE AT SAID EAST MARGIN OF
EAST VALLEY ROAD;
SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON.
STRADA DA VALLE
JAMES M. HARPER, P.L.S.
SRH JOB NO. 2008105.00
MARCH 02, 2009
BUSH, ROED & HITCHINGS, INC.
2009 MINOR AVENUE EAST
SEATTLE, WA 98102
(206) 323-4144
PAGE 2 OF 2
20110112000536.076
EXHIBIT F-1
Legal Description of
"Storm Drain Easement Strip A-1"
THAT PORTION OF LOT 1 OF THE STRADA DA VALLE SHORT PLAT, LYING
IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30,
TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING A STRIP OF LAND,
10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER;
THENCE SOUTH 01049'52" WEST ALONG THE WEST LINE OF SAID
NORTHEAST QUARTER 99.11 FEET;
THENCE SOUTH 88010'08" EAST 30.00 FEET TO THE EAST MARGIN OF
EAST VALLEY ROAD;
THENCE SOUTH 01049'52" WEST ALONG SAID MARGIN 430.70 FEET;
THENCE SOUTH 88010'08" EAST ALONG THE SOUTH LINE OF LOT 1 OF THE
STRADA DA VALLE SHORT PLAT 44.65 FEET;
THENCE NORTH 01036'11" EAST 14.90 FEET;
THENCE NORTH 7601.9'09" WEST 5.00 FEET TO THE BEGINNING OF THIS
DESCRIBED CENTERLINE;
THENCE SOUTH 76019'09" EAST 84.00 FEET TO THE TERMINUS OF THIS
DESCRIBED CENTERLINE;
EXCEPT THAT PORTION THEREOF LYING SOUTH OF SAID SOUTH LINE OF
LOT 1 OF THE STRADA DA VALLE SHORT PLAT.
SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON.
PRSH'A
STRADA DA VALLE
JAMES M. HARPER, P.L.S.
w��� ; • kc�9
BRH JOB NO. 2008105 .00
q y
MARCH 02, 2009
fO�
BUSH, ROED & HITCHINGS, INC.
4404
2009 MINOR AVENUE EAST
jO,ypL IA S
SEATTLE, WA 98102
(206) 323-4144
20110112000536.077
EXHIBIT F-2
Legal Description of
"Storm Drain Easement Strip A-2"
THAT PORTION OF LOT 2 OF THE STRADA DA VALLE SHORT PLAT LYING IN
THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30,
TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING A STRIP OF LAND,
10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER;
THENCE SOUTH 01049'52" WEST ALONG THE WEST LINE OF SAID
NORTHEAST QUARTER 99.1.1 FEET;
THENCE SOUTH 88010'08" EAST 30.00 FEET TO THE EAST MARGIN OF
EAST VALLEY ROAD;
THENCE SOUTH 01049'52" WEST ALONG SAID MARGIN 430.70 FEET;
THENCE SOUTH 88010'08" EAST ALONG THE SOUTH LINE OF LOT 1 OF THE
STRADA DA VALLE SHORT PLAT 44.65 FEET;
THENCE NORTH 01036'11" EAST 14.90 FEET;
THENCE NORTH 76019'09" WEST 5.00 FEET TO THE BEGINNING OF THIS
DESCRIBED CENTERLINE;
THENCE SOUTH 76019'09" EAST 84.00 FEET TO THE TERMINUS OF THIS
DESCRIBED CENTERLINE;
EXCEPT THAT PORTION THEREOF LYING NORTH OF SAID SOUTH LINE OF
LOT 1 OF THE STRADA DA VALLE SHORT PLAT.
SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON.
STRADA DA VALLE
JAMES M. HARPER, P.L.S.
BRH JOB NO. 2008105.00
MARCH 02, 2009
BUSH, ROED & HITCHINGS, INC.
2009 MINOR AVENUE EAST
SEATTLE, WA 98102
(206) 323-4144
20110112000536.078
EXHIBIT G
Legal Description of
"Storm Drain Easement Strip B"
THAT PORTION OF LOT 1 OF THE STRADA DA VALLE SHORT PLAT LYING IN
THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30,
TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING A STRIP OF LAND,
10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER;
THENCE SOUTH 01049'52" WEST ALONG THE WEST LINE OF SAID
NORTHEAST QUARTER 99.11 FEET;
THENCE SOUTH 88010'08" EAST 30.00 FEET TO THE EAST MARGIN OF
EAST VALLEY ROAD;
THENCE SOUTH 01049'52" WEST ALONG SAID MARGIN 430.70 FEET;
THENCE SOUTH 88010'08" EAST ALONG THE SOUTH LINE OF LOT 1 OF THE
STRADA DA VALLE SHORT PLAT 34.92 FEET TO THE BEGINNING OF THIS
DESCRIBED CENTERLINE;
THENCE NORTH 34050'07" EAST 22.75 FEET TO THE TERMINUS OF THIS
DESCRIBED CENTERLINE;
THE SIDELINES OF SAID EASEMENT TO BE SHORTENED OR LENGTHENED TO
MEET AT ANGLE POINTS AND TO TERMINATE AT SAID SOUTH LINE OF LOT
1 OF THE STRADA DA VALLE SHORT PLAT.
SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON.
-7-10
SHgt,
wns�� �9
0
� F
STRADA DA VALLE
JAMES M. HARPER, P.L.S.
BRH JOB NO. 2008105.00
MARCH 02, 2009
BUSH, ROED & HITCHINGS, INC.
2009 MINOR AVENUE EAST
SEATTLE, WA 98102
(206) 323-4144
20110112000536.079
EXHIBIT H
Legal Description of
"Storm Drain Easement Strip C"
THAT PORTION OF LOT 1 OF THE STRADA DA VALLE SHORT PLAT LYING IN
THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30,
TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING A STRIP OF LAND,
15.00 FEET IN WIDTH, LYING 7.50 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER;
THENCE SOUTH 01049'52" WEST ALONG THE WEST LINE OF SAID
NORTHEAST QUARTER 99.11 FEET;
THENCE SOUTH 88010'08" EAST 30.00 FEET TO THE EAST MARGIN OF
EAST VALLEY ROAD;
THENCE SOUTH 01049'52" WEST ALONG SAID MARGIN 430.70 FEET;
THENCE SOUTH 88010'08" EAST ALONG THE SOUTH LINE OF LOT 1 OF THE
STRADA DA VALLE SHORT PLAT 44.65 FEET TO THE BEGINNING OF THIS
DESCRIBED CENTERLINE;
THENCE NORTH 01036'11" EAST 22.40 FEET TO THE TERMINUS OF THIS
DESCRIBED CENTERLINE;
THE SIDELINES OF SAID EASEMENT TO BE SHORTENED OR LENGTHENED TO
MEET AT ANGLE POINTS AND TO TERMINATE AT SAID SOUTH LINE OF LOT
1 OF THE STRADA DA VALLE SHORT PLAT.
SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON.
STRADA DA VALLE
JAMES M. HARPER, P.L.S.
BRH JOB NO. 2008105.00
MARCH 02, 2009
BUSH, ROED & HITCHINGS, INC.
2009 MINOR AVENUE EAST
SEATTLE, WA 98102
(206) 323-4144
20110112000536.080
EXHIBIT I
Legal Description of
"Storm Drain Easement Strip D"
THAT PORTION OF LOT 2 OF THE STRADA DA VALLE SHORT PLAT LYING IN
THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30,
TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING A STRIP OF LAND,
15.00 FEET IN WIDTH, LYING 7.50 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER;
THENCE SOUTH 01049'52" WEST ALONG THE WEST LINE OF SAID
NORTHEAST QUARTER 99.11 FEET;
THENCE SOUTH 88010108" EAST 30.00 FEET TO THE EAST MARGIN OF
EAST VALLEY ROAD;
THENCE SOUTH 01049'52" WEST ALONG SAID MARGIN 430.70 FEET;
THENCE SOUTH 88010108" EAST ALONG THE NORTH LINE OF LOT 2 OF THE
STRADA DA VALLE SHORT PLAT 44.65 FEET TO THE BEGINNING OF THIS
DESCRIBED CENTERLINE;
THENCE SOUTH 01036'11." WEST 122.02 FEET;
THENCE SOUTH 02043'24" WEST 168.40 FEET TO THE SOUTH LINE OF LOT
2 OF THE STRADA DA VALLE SHORT PLAT, AND TO THE TERMINUS OF THIS
DESCRIBED CENTERLINE;
THE SIDELINES OF SAID EASEMENT TO BE SHORTENED OR LENGTHENED TO
MEET AT ANGLE POINTS AND TO TERMINATE AT THE NORTH LINE AND AT
THE SOUTH LINE OF SAID OF LOT 2 OF THE STRADA DA VALLE SHORT
PLAT.
SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON.
/O — —/0
�RSALlSTRADA DA VALLE
r7 dg WAs�, �9 JAMES M. HARPER, P.L.S.
BRH JOB NO. 2008105.00
tT1 MARCH 02, 2009
BUSH, ROED & HITCHINGS, INC.
2009 MINOR AVENUE EAST
LAND SEATTLE, WA 98102
(206) 323-4144
20110112000536.081
EXHIBIT J
Legal Description of
"Storm Drain Easement Strip E"
THAT PORTION OF LOT 3 OF THE STRADA DA VALLE SHORT PLAT LYING IN
THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30,
TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING A STRIP OF LAND,
15.00 FEET IN WIDTH, LYING 7.50 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER;
THENCE SOUTH 01049'52" WEST ALONG THE WEST LINE OF SAID
NORTHEAST QUARTER 99.11 FEET;
THENCE SOUTH 88010108" EAST 30.00 FEET TO THE EAST MARGIN OF
EAST VALLEY ROAD;
THENCE SOUTH 01049'52" WEST ALONG SAID MARGIN 430.70 FEET;
THENCE SOUTH 88010'08" EAST ALONG THE NORTH LINE OF LOT 2 OF THE
STRADA DA VALLE SHORT PLAT 44.65 FEET;
THENCE SOUTH 01036'11" WEST 122.02 FEET;
THENCE SOUTH 02043'24" WEST 168.40 FEET TO THE NORTH LINE OF LOT
3 OF THE STRADA DA VALLE SHORT PLAT, AND TO THE BEGINNING OF
THIS DESCRIBED CENTERLINE;
THENCE SOUTH 02043'24" WEST 47.82 FEET;
THENCE SOUTH 00040'11" WEST 171.05 FEET;
THENCE SOUTH 02000'23" WEST 130.41 FEET;
THENCE SOUTH 07023'52" EAST 125.00 FEET TO THE TERMINUS OF THIS
DESCRIBED CENTERLINE;
THE SIDELINES OF SAID EASEMENT TO BE SHORTENED OR LENGTHENED TO
MEET AT ANGLE POINTS AND TO TERMINATE AT THE NORTH LINE OF LOT 3
OF SAID STRADA DA VALLE SHORT PLAT.
SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON.
-40 - 7-710
STRADA DA VALLE
JAMES M. HARPER, P.L.S.
BRH JOB NO. 2008105.00
MARCH 02, 2009
BUSH, ROED & HITCHINGS, INC.
2009 MINOR AVENUE EAST
SEATTLE, WA 98102
(2 06) 323-4144
20110112000536.082
EXHIBIT K
Legal Description of
"Storm Drain Easement Strip P
THAT PORTION OF LOT 2 OF THE STRADA DA VALLE SHORT PLAT LYING IN
THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30,
TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER;
THENCE SOUTH 01049'52" WEST ALONG THE WEST LINE OF SAID
NORTHEAST QUARTER 99.11 FEET;
THENCE SOUTH 88010'08" EAST 30.00 FEET TO THE EAST MARGIN OF
EAST VALLEY ROAD;
THENCE SOUTH 01049'52" WEST ALONG SAID MARGIN 430.70 FEET;
THENCE SOUTH 88010'08" EAST ALONG THE NORTH LINE OF LOT 2 OF THE
STRADA DA VALLE SHORT PLAT 37.15 FEET;
THENCE SOUTH 01036'11" WEST 115.32 FEET TO THE POINT OF
BEGINNING;
THENCE CONTINUING SOUTH 01036'11" WEST 6.65 FEET;
THENCE SOUTH 02043'24" WEST 30.71 FEET;
THENCE NORTH 87016'36" WEST 12.07 FEET;
THENCE NORTH 54000'00" WEST 13.44 FEET;
THENCE NORTH 64054'07" WEST 15.22 FEET TO SAID EAST MARGIN OF
EAST VALLEY ROAD;
THENCE NORTH 01049'52" EAST ALONG SAID EAST MARGIN 16.33 FEET;
THENCE SOUTH 64054'07" EAST 17.20 FEET;
THENCE NORTH 02043'24" EAST 13.99 FEET;
THENCE SOUTH 88023'49" EAST 21.59 FEET TO THE POINT OF
BEGINNING;
SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON.
/D 7'7v
STRADA DA VALLE
JAMES M. HARPER, P.L.S.
BRH JOB NO. 2008105.00
MARCH 02, 2009
BUSH, ROED & HITCHINGS, INC.
2009 MINOR AVENUE EAST
SEATTLE, WA 98102
(206) 323-4144
20110112000536.083
EXF BIT L
Legal Description of
"Sanitary Sewer Easement Strip 1"
THAT PORTION OF LOT 2 OF THE STRADA DA VALLE SHORT PLAT, LYING
IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30,
TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING A STRIP OF LAND,
15.00 FEET IN WIDTH, LYING 7.50 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER;
THENCE SOUTH 01049'52" WEST ALONG THE WEST LINE OF SAID
NORTHEAST QUARTER 99.11 FEET;
THENCE SOUTH 88010'08" EAST 30.00 FEET TO THE EAST MARGIN OF
EAST VALLEY ROAD;
THENCE SOUTH 01049'52" WEST ALONG SAID MARGIN 430.70 FEET;
THENCE SOUTH 88010'08" EAST ALONG THE NORTH LINE OF LOT 2 OF THE
STRADA DA VALLE SHORT PLAT 34.41 FEET TO THE BEGINNING OF THIS
DESCRIBED CENTERLINE;
THENCE SOUTH 08045'11" WEST 148.49 FEET;
THENCE NORTH 68057'44" WEST 17.49 FEET TO SAID EAST MARGIN OF
EAST VALLEY ROAD, AND TERMINUS OF THIS DESCRIBED CENTERLINE;
THE SIDELINES OF SAID EASEMENT TO BE SHORTENED OR LENGTHENED TO
MEET AT ANGLE POINTS AND TO TERMINATE AT SAID NORTH LINE OF LOT
2 OF THE STRADA DA VALLE SHORT PLAT AND AT SAID EAST MARGIN OF
EAST VALLEY ROAD.
SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON.
/o --770
STRADA DA VALLE
JAMES M. HARPER, P.L.S.
BRH JOB NO. 2008105.00
MARCH 02, 2009
BUSH, ROED & HITCHINGS, INC.
2009 MINOR AVENUE EAST
SEATTLE, WA 981.02
(206) 323-4144
20110112000536.084
EXHIBIT M
Legal Description of
"Sanitary Sewer Easement Strip 2"
THAT PORTION OF LOT 1 OF THE STRADA DA VALLE SHORT PLAT, LYING
IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30,
TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING A STRIP OF LAND,
15.00 FEET IN WIDTH, LYING 7.50 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER;
THENCE SOUTH 01049'52" WEST ALONG THE WEST LINE OF SAID
NORTHEAST QUARTER 99.1.1 FEET;
THENCE SOUTH 88010'08" EAST 30.00 FEET TO THE EAST MARGIN OF
EAST VALLEY ROAD;
THENCE SOUTH 01049'52" WEST ALONG SAID MARGIN 430.70 FEET;
THENCE SOUTH 88010'08" EAST ALONG THE SOUTH LINE OF LOT 1 OF THE
STRADA DA VALLE SHORT PLAT 34.41 FEET TO THE BEGINNING OF THIS
DESCRIBED CENTERLINE;
THENCE NORTH 08045'11" EAST 41.50 FEET TO THE TERMINUS OF THIS
DESCRIBED CENTERLINE;
THE SIDELINES OF SAID EASEMENT TO BE SHORTENED OR LENGTHENED TO
MEET AT ANGLE POINTS AND TO TERMINATE AT SAID SOUTH LINE OF LOT
1 OF THE STRADA DA VALLE SHORT PLAT.
SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON.
fie) -- ID
STRADA DA VALLE
JAMES M. HARPER, P.L.S.
BRH JOB NO. 2008105.00
MARCH 02, 2009
BUSH, ROED & HITCHINGS, INC.
2009 MINOR AVENUE EAST
SEATTLE, WA 98102
(206) 323-4144
20110112000536.085
EXHIBIT N
Legal Description of
"Sanitary Sewer Easement Strip 3"
THAT PORTION OF LOT 1 OF THE STRADA DA VALLE SHORT PLAT, LYING
IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30,
TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING A STRIP OF LAND,
15.00 FEET IN WIDTH, LYING 7.50 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER;
THENCE SOUTH 01049'52" WEST ALONG THE WEST LINE OF SAID
NORTHEAST QUARTER 99.11 FEET;
THENCE SOUTH 88010'08" EAST 30.00 FEET TO THE EAST MARGIN OF
EAST VALLEY ROAD;
THENCE SOUTH 01049'52" WEST ALONG SAID MARGIN 430.70 FEET;
THENCE SOUTH 88010'08" EAST ALONG THE SOUTH LINE OF LOT 1 OF THE
STRADA DA VALLE SHORT PLAT 67.82 FEET TO THE BEGINNING OF THIS
DESCRIBED CENTERLINE;
THENCE NORTH 39016'10" WEST 52.00 FEET TO THE TERMINUS OF THIS
DESCRIBED CENTERLINE;
THE SIDELINES OF SAID EASEMENT TO BE SHORTENED OR LENGTHENED TO
MEET AT ANGLE POINTS AND TO TERMINATE AT SAID SOUTH LINE OF LOT
1 OF THE STRADA DA VALLE SHORT PLAT.
SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON.
,10-7-7'o
STRADA DA VALLE
JAMES M. HARPER, P.L.S.
BRH JOB NO. 2008105.00
MARCH 02, 2009
BUSH, ROED & HITCHINGS, INC.
2009 MINOR AVENUE EAST
SEATTLE, WA 98102
(206) 323-4144
20110112000536.086
EXHIBIT O
Legal Description of
"Gas Easement Strip"
THAT PORTION OF LOT 1 OF THE STRADA DA VALLE SHORT PLAT LYING IN
THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30,
TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING A STRIP OF LAND,
10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER;
THENCE SOUTH 01049'52" WEST ALONG THE WEST LINE OF SAID
NORTHEAST QUARTER 99.11 FEET;
THENCE SOUTH 88010'08" EAST 30.00 FEET TO THE EAST MARGIN OF
EAST VALLEY ROAD;
THENCE SOUTH 01049'52" WEST ALONG SAID MARGIN 430.70 FEET;
THENCE NORTH 01049'52" EAST ALONG SAID MARGIN 34.07 FEET TO THE
BEGINNING OF THIS DESCRIBED CENTERLINE;
THENCE NORTH 86053'00" EAST 8.94 FEET;
THENCE SOUTH 76042'53" EAST 71.42 FEET;
THENCE SOUTH 48007'37" EAST 17.11 FEET;
THENCE SOUTH 86014'56" EAST 51.60 FEET;
THENCE SOUTH 36053'46" EAST 10.16 FEET TO THE SOUTH LINE OF SAID
LOT 1 AND THE TERMINUS OF THIS DESCRIBED CENTERLINE;
THE SIDELINES OF SAID EASEMENT TO BE SHORTENED OR LENGTHENED TO
MEET AT ANGLE POINTS AND TO TERMINATE AT THE SOUTH AND WEST LINE
OF SAID LOT 1 OF THE STRADA DA VALLE SHORT PLAT.
SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON.
P�SHAZL
5
01 WASk �9
STRADA DA VALLE
JAMES M. HARPER, P.L.S.
BRH JOB NO. 2008105.00
MARCH 02, 2009
BUSH, ROED & HITCHINGS, INC.
2009 MINOR AVENUE EAST
SEATTLE, WA 98102
(206) 323-4144
20110112000536.087
EXHIBIT P
Legal Description of
"Electrical Easement Strip 1"
THAT PORTION OF LOT 1 OF THE STRADA DA VALLE SHORT PLAT LYING IN
THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30,
TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING A STRIP OF LAND,
10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER;
THENCE SOUTH 01049'52" WEST ALONG THE WEST LINE OF SAID
NORTHEAST QUARTER 99.11 FEET;
THENCE SOUTH 88010'08" EAST 30.00 FEET TO THE EAST MARGIN OF
EAST VALLEY ROAD;
THENCE SOUTH 01049'52" WEST ALONG SAID MARGIN 430.70 FEET;
THENCE NORTH 01049'52" EAST ALONG SAID MARGIN 33.40 FEET TO THE
BEGINNING OF THIS DESCRIBED CENTERLINE;
THENCE SOUTH 79056154" EAST 73.00 FEET;
THENCE SOUTH 05008'08" WEST 23.00 FEET TO THE SOUTH LINE OF SAID
LOT 1 AND THE TERMINUS OF THIS DESCRIBED CENTERLINE;
THE SIDELINES OF SAID EASEMENT TO BE SHORTENED OR LENGTHENED TO
MEET AT ANGLE POINTS AND TO TERMINATE AT THE SOUTH AND WEST LINE
OF SAID LOT 1 OF THE STRADA DA VALLE SHORT PLAT.
SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON.
�p,RSHgL�
4' yr la.: rn
++ssa
• LA1�
STRADA DA VALLE
JAMES M. HARPER, P.L.S.
BRH JOB NO. 2008105.00
MARCH 02, 2009
BUSH, ROED & HITCHINGS, INC.
2009 MINOR AVENUE EAST
SEATTLE, WA 98102
(206) 323-4144
20110112000536.088
EXHIBIT O
Legal Description of
"Electrical Easement Strip 2"
THAT PORTION OF LOT 2 OF THE STRADA DA VALLE SHORT PLAT LYING IN
THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30,
TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING A STRIP OF LAND,
10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER;
THENCE SOUTH 01049'52" WEST ALONG THE WEST LINE OF SAID
NORTHEAST QUARTER 99.11 FEET;
THENCE SOUTH 88010'08" EAST 30.00 FEET TO THE EAST MARGIN OF
EAST VALLEY ROAD;
THENCE SOUTH 01049'52" WEST ALONG SAID MARGIN 430.70 FEET;
THENCE NORTH 01049'52" EAST ALONG SAID MARGIN 33.40 FEET
THENCE SOUTH 79056'54" EAST 73.00 FEET;
THENCE SOUTH 05008'08" WEST 23.00 FEET TO THE SOUTH LINE OF SAID
LOT 1 AND THE BEGINNING OF THIS DESCRIBED CENTERLINE;
THENCE CONTINUING SOUTH 05008108" WEST 245.91 FEET;
THENCE SOUTH 00052'03" WEST 44.89 FEET TO THE SOUTH LINE OF SAID
LOT 2 AND THE TERMINUS OF THIS DESCRIBED CENTERLINE;
THE SIDELINES OF SAID EASEMENT TO BE SHORTENED OR LENGTHENED TO
MEET AT ANGLE POINTS AND TO TERMINATE AT THE NORTH AND SOUTH
LINE OF SAID LOT 2 OF THE STRADA DA VALLE SHORT PLAT.
SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON.
lo --7-167
STRADA DA VALLE
JAMES M. HARPER, P.L.S.
BRH JOB NO. 2008105.00
MARCH 02, 2009
BUSH, ROED & HITCHINGS, INC.
2009 MINOR AVENUE EAST
SEATTLE, WA 98102
(206) 323-4144
20110112000536.089
EXHIBIT R
Legal Description of
"Electrical Easement Strip 3"
THAT PORTION OF LOT 3 OF THE STRADA DA VALLE SHORT PLAT LYING IN
THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30,
TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING A STRIP OF LAND,
10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER;
THENCE
SOUTH 01049'52" WEST ALONG THE WEST LINE OF
SAID
NORTHEAST QUARTER 99.11 FEET;
THENCE
SOUTH 88010'08" EAST 30.00 FEET TO THE EAST MARGIN OF
EAST VALLEY ROAD;
THENCE
SOUTH 01049'52" WEST ALONG SAID MARGIN 430.70 FEET;
THENCE
NORTH 01049'52" EAST ALONG SAID MARGIN 33.40 FEET
THENCE
SOUTH 79056'54" EAST 73.00 FEET;
THENCE
SOUTH 05008'08" WEST 23.00 FEET TO THE SOUTH LINE OF
SAID
LOT 1;
THENCE
CONTINUING SOUTH 05008'08" WEST 245.91 FEET;
THENCE
SOUTH 00052'03" WEST 44.89 FEET TO THE SOUTH LINE OF
SAID
LOT 2 AND THE BEGINNING OF THIS DESCRIBED CENTERLINE;
THENCE
CONTINUING SOUTH 00052'03" WEST 64.77 FEET;
THENCE
SOUTH 56051'32" WEST 71.50 FEET TO THE WEST LINE OF
SAID
LOT 3 AND THE TERMINUS OF THIS DESCRIBED CENTERLINE;
THE SIDELINES OF SAID EASEMENT TO BE SHORTENED OR LENGTHENED TO
MEET AT ANGLE POINTS AND TO TERMINATE AT THE NORTH AND WEST LINE
OF SAID LOT 3 OF THE STRADA DA VALLE SHORT PLAT.
SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON.
STRADA DA VALLE
JAMES M. HARPER, P.L.S.
BRH JOB NO. 2008105.00
MARCH 02, 2009
BUSH, ROED & HITCHINGS, INC.
2009 MINOR AVENUE EAST
SEATTLE, WA 98102
20110112000536.090
EXHIBIT S
Legal Description of
"Telecommunications Easement Strip 1"
THAT PORTION OF LOT 1 OF THE STRADA DA VALLE SHORT PLAT LYING IN
THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30,
TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING A STRIP OF LAND,
10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER;
THENCE SOUTH 01049'52" WEST ALONG THE WEST LINE OF SAID
NORTHEAST QUARTER 99.11 FEET;
THENCE SOUTH 88010'08" EAST 30.00 FEET TO THE EAST MARGIN OF
EAST VALLEY ROAD;
THENCE SOUTH 01049'52" WEST ALONG SAID MARGIN 430.70 FEET;
THENCE NORTH 01049'52" EAST ALONG SAID MARGIN 39.40 FEET TO THE
BEGINNING OF THIS DESCRIBED CENTERLINE;
THENCE SOUTH 74056'44" EAST 77.50 FEET;
THENCE SOUTH 04041'09" WEST 21.70 FEET TO THE SOUTH LINE OF SAID
LOT 1 AND THE TERMINUS OF THIS DESCRIBED CENTERLINE;
THE SIDELINES OF SAID EASEMENT TO BE SHORTENED OR LENGTHENED TO
MEET AT ANGLE POINTS AND TO TERMINATE AT THE SOUTH AND WEST LINE
OF SAID LOT 1 OF THE STRADA DA VALLE SHORT PLAT.
SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON.
/d - 7-/b
STRADA DA VALLE
JAMES M. HARPER, P.L.S.
BRH JOB NO. 2008105.00
MARCH 02, 2009
BUSH, ROED & HITCHINGS, INC.
2009 MINOR AVENUE EAST
SEATTLE, WA 98102
(206) 323-4144
20110112000536.091
EXHIBIT T
Legal Description of
"Telecommunications Easement Strip 2"
THAT PORTION OF LOT 2 OF THE STRADA DA VALLE SHORT PLAT LYING IN
THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30,
TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING A STRIP OF LAND,
10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER;
THENCE SOUTH 01049'52" WEST ALONG THE WEST LINE OF SAID
NORTHEAST QUARTER 99.11 FEET;
THENCE SOUTH 88010'08" EAST 30.00 FEET TO THE EAST MARGIN OF
EAST VALLEY ROAD;
THENCE SOUTH 01049'52" WEST ALONG SAID MARGIN 430.70 FEET;
THENCE NORTH 01049'52" EAST ALONG SAID MARGIN 39.40 FEET;
THENCE SOUTH 74056'44" EAST 77.50 FEET;
THENCE SOUTH 04041'09" WEST 21.70 FEET TO THE SOUTH LINE OF SAID
LOT 1 AND THE BEGINNING OF THIS DESCRIBED CENTERLINE;
THENCE CONTINUING SOUTH 04041'09" WEST 217.00 FEET TO THE
TERMINUS OF THIS DESCRIBED CENTERLINE;
THE SIDELINES OF SAID EASEMENT TO BE SHORTENED OR LENGTHENED TO
TERMINATE AT THE NORTH LINE OF SAID LOT 2 OF THE STRADA DA VALLE
SHORT PLAT.
SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON.
/0-7-/
r,,,NVISHAZ'�Z
r �
STRADA DA VALLE
JAMES M. HARPER, P.L.S.
BRH JOB NO. 2008105.00
MARCH 02, 2009
BUSH, ROED & HITCHINGS, INC.
2009 MINOR AVENUE EAST
SEATTLE, WA 98102
(206) 323-4144
20110112000536.092 1
EXHIBIT U
Legal Description of
"Telecommunications Easement Strip 3"
THAT PORTION OF LOT 2 OF THE STRADA DA VALLE SHORT PLAT LYING IN
THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30,
TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING A STRIP OF LAND,
10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER;
THENCE SOUTH 01049'52" WEST ALONG THE WEST LINE OF SAID
NORTHEAST QUARTER 99.11 FEET;
THENCE SOUTH 88010'08" EAST 30.00 FEET TO THE EAST MARGIN OF
EAST VALLEY ROAD;
THENCE SOUTH 01049`52" WEST ALONG SAID MARGIN 721.09 FEET;
THENCE SOUTH 88010'08" WEST 117.50 FEET ALONG THE SOUTH LINE OF
SAID LOT 2 AND THE BEGINNING OF THIS DESCRIBED CENTERLINE;
THENCE NORTH 32035'48" WEST 100.00 FEET TO THE TERMINUS OF THIS
DESCRIBED CENTERLINE;
THE SIDELINES OF SAID EASEMENT TO BE SHORTENED OR LENGTHENED TO
TERMINATE AT THE SOUTH LINE OF SAID LOT 2 OF THE STRADA DA VALLE
SHORT PLAT.
SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON.
/0 - 7 io
STRADA DA VALLE
JAMES M. HARPER, P.L.S.
SRH JOB NO. 2008105.00
MARCH 02, 2009
BUSH, ROED & HITCHINGS, INC.
2009 MINOR AVENUE EAST
SEATTLE, WA 98102