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Home My WebLink AboutE 9706181092 , , . � , a Return Address: � �. City Clerk's Office °° City of Renton � ti 200 Mill Avenue South .. Renton,WA 98055-2189 � � � 0 � � � x � � 0 � -., � Title: EASEMENT Property Tax Parcel Number: 334040-2860,2870, � 2880,2925 3500,3545,3555 � Project File#: VAC 97-001 Street Intersection or Project Name: SW 13th,SW 12th,Alley between,East of Maple � Grantor(s): Grantee(s): � 1. Ballestrasse 1. Ballestrasse � 2. Pierre 2. Pierre `� 3. M&M Ventures 3. M&M Ventures � � Additional Grantors Names on a e 2 Additional Grantees Names on a e 2 0 � ;� LEGAL DESCRIPTION: � � The center 20 feet,being the pa�ed portion of vacated right-of-way for SW 13th Street between Lots 29 through � 43,Block 17,and Lots 2 through 13 Block,21, C.D.Hillman's Earlington Gardens No. 1 according to the plat � thereof recorded in Volume 17 of Plats,page 74,records of King County,Washington; in Section 19,Township 23 North,Range 5 East, W.M.. Additional legal is on page 2 of document. (Abbreviated legal description MUST go her�) ��S ��;_.. �— :� c�� t"*t C`. ' - L.� r"i ,. � T�3 t� .. .� ---? • m -.. . _ �� +.,. e:_� � �� E,ry .,,,�3 ....,r . ' �� . � , � JOINT EASEMENT AND ROAD MAINTENANCE AGREEMENT � . c - � _ � This Joint Easement and Road Maintenance Agreement is made and entered into as of the G��day of May, 1997 by and among M&M VENTURES, L.L.C., a Washingion limited liability company ("M&M"); JAMES P. PIERRE and BA.RBARA LYNN PIERRE, husband and wife ("Pierre"); ARTHUR BALLESTRASSE and EDITH BALLESTRASSE, as Trustees of the Ballestrasse Revocable Trust, under Declaration of Trust dated June 16, 1994 ("Ballestrasse"); and REX BALLESTRASSE ("Rex"). RECITALS: A. Pierre is the owner of that certain real property lying to the south of the centerline of S.W. 13`'' Street and East of the centerline of Maple Avenue S.W. more particularty described on hi it attached hereto and incorporated herein by this reference(the "Pierre Parcel"). B. Pierre is the owner of the fee interest, and M&M is the owner of a leasehold interest, in and to that certain real property more particularly described as follows (the "Pierre Leasehold Parcel"): � Lots 29, 30, 31 and 32, Block 17, Hillsmans Earlington Gardens No. 1, as shown � on a Plat thereof recorded in Volume 17 of Plats, Page 74, in the real estate � records of King County,Washington. � � C. Ballestrasse is the owner of the fee interest, and M&M is the owner of a leasehold � interest, in and to that certain real property more particularly described as follows (the � "Ballestrasse Leasehold Parcel"): � Lots 33 through 41, inclusive, Block 17, Hillsmans Earlington Gardens No.l, as shown on a Plat thereof recorded in Volume 17 of Plats, Page 74, in the real estate records of King County, Washington. D. Rex is the owner of the fee interest, and M&M is the owner of a leasehold interest in and to that certain real property more particularly described as follows (the "Rex Leasehold Parcel"): Lots 42 and 43,Block 17,Hillsmans Earlington Gardens No.l, as shown on a Plat thereof recorded in Volume 17 of Plats, Page 74, in the real estate records of King County, Washington. The Pierre Leasehold Parcel,the Ballestrasse Leasehold Parcel, and the Rex Leasehold Parcel are collectively referred to as the"M&M Parcel". E. M&M and Pierre have petitioned the City of Renton to vacate that portion of S.W. 13`� Street lying to the east of the easterly margin of the right of way of Maple Avenue S.W. and 2685\002:5/6/97 -1- EASEMENT 1MASOMBOWEMPIERRE to the west of the westerly margin of the right of way of SR167 interchange (the "Vacated Right of Way"). Upon vacation of the Vacated,Right of Way, title to the vacated portion on either side � of the centerline of the Vacated Right of Way will vest in the adjoining property owners. .For � � purposes of this Agreement, the definition of each respective "Parcel" shall include that portion of the Vacated Right of Way vesting in the particular owner. In connection with the vacation of the Vacated Right of Way, the parties have agreed to establish a mutual easement for a private road over a portion of the Vacated Right of Way,on the terms set forth below. NOW, THEREFORE, in consideration of the mutual benefits and covenants set forth herein,M&M and Pierre hereby agree as follows: 1. Grant bv M&M. M&M hereby grants to Pierre, their successors and assigns, for the benefit of the Pierre Parcel,a permanent, nonexclusive easement for vehicular ingress, egress, and the installation and maintenance of utility lines over that portion of the Vacated Right of Way lying ten (10) feet to the north of the centerline of the Vacated Right of Way (the "North Easement Area"). � 2. Joinder by Ballestrasse. Ballestrasse joins in the grant of the easement described � in Paragraph 1 above for the purpose of encumbering their fee interest in that portion of the � Ballestrasse Leasehold Parcel lying within the North Easement Area. � � 3. Joinder by Rex. Rex joins in the grant of the easement described in Paragraph 1 �� above for the purpose of encumbering his fee interest in that portion of the Rex Leasehold Pazcel lying within the North Easement Area. � 4. Joinder by Pierre. Pierre joins in the grant of the easement described in Paragraph 1 above for the purpose of encumbering their fee interest in that portion of the Pierre Leasehold Parcel lying within the North Easement Area. 5. �rant bv Pierre. Pierre hereby grants to M&M, its successors and assigns, for the benefit of the M&M Parcel, a permanent, nonexclusive easement for vehicular ingress, egress and the installation and maintenance of utility lines over that portion of the Vacated Right of Way lying ten(10) feet to the south of the centerline of the Vacated Right of Way. . 6. Maintenance. The owners of the property abutting the easement area described herein shall be jointly and severally responsible for the repair and maintenance of the private road to be established over the easement area. The share of each property owner shall be equal to a fraction, the numerator of which is the number of linear feet of the property owner's frontage abutting the easement, and the denominator of which is the total number of linear feet of frontage of all property abutting the easement. 7. Negligence. Notwithstanding the foregoing, no property owner shall be required to share in the cost of maintaining or repairing the road to the extent the need for repair or maintenance arises from the negligence or wil(ful misconduct of another owner or the extraordinary use of the road by another property owner. 2685\002:5/6/97 -2- EASEMENT 1MASOMBOWEMPIERRE 8. �uccessors and Assigns. Ti�e burc�ens and benefits of this Agreement shall run with the title to the property described herein and inure to the benefit of the property owners and their successors and assigns. IN WITNESS WHEREOF, M&M and Pierre have executed this Agreement as of the day and year first above written. M&M: M&M VENTURES,L.L.C., a Washington limited liabili ompany / B `� Its r 0'a O � PIERRE: t�l O — c=---- �,��-- � ames P. Pierre Barbara Lynn Pierre BALLESTRASSE: Arthur Ba estrasse,Trustee Edith Ballestrasse, Trustee REX: .�DO�-�- Rex allestrasse STATE OF WASHINGTON ) ) ss. . COUNTY OF � ) On this �_ day of � , 1997, before me, the undersigned, a Notary Public in and for the State of Washington, uly commissioned and sworn personally appeared ��GV�G e( � s CG,t� �cnown to me to be the of M&M VENTURES,L.L.C., the limited liability company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company,for the purposes therein mentioned,and on oath stated that he/she was authorized to execute said instrument. I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. �;:�" ti , , WITNESS my hand and official seal hereto affixed the da�rid year in the certificate above � written. , , � ; .,,". � ��v D�r�,.� `L.�P ; .�::. :... •,,fi,:, .j, �•;f;`��ti�� i � Signature . � ;:;�� _�`' `Ss;i+a.� . � ,p n`. •" ,«..P.?{� �^ �•�• �D �(40 V�i.In �1 ��M.LpV' -+..� � � PrintName • y.,�'i' �y`, ;',.,; � tr,,,�; .� � NOTARY PUBLIC in and for the State of '�,�' ; : �� '".-'� Washington,residing at _ My commissionexpires 3- � . `., ,�;: ; ,' . ,a�. � STATE OF WASHINGTON ) � ) ss. , COUNTY OF ) On this�day of ''� � ,1997,before me, a Notary Public in and for the State of Washington,duly commissioned and sworn,personally appeared James P. Pierre and Barbara Lynn Pierre, husband and wife,known to me to be the individuals named in and who executed the foregoing document,and acknowledged to me that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. I certify that I know or have satisfactory evidence that the persons appearing before me and making this acknowledgmentare the persons whose true signatures appear on this document. WITNESS my hand and official seal the day and year in this certificate above written. ��..�..�� /�-.� �'1 � ;`' gUqKQ�;'�p � ��1-��✓=z��A��J �� w\\ ��\\�1 �//�• ` y �/ � \ ��S�ION �,�1�`-'/�,�� v j � � ��P q�� , � Signature • / ; NOTAR � I,�� ,j � �V�/��V � , ' � / � / � �►��..� � / "� i �%, �°(J�LIG % � � NnOTARY PUBLIC in and�or the S ate of ,��F�`'� " -9�-�'�?O?,: O �.......-� � Washington,residingat�C C�'�, �Ft�,��VASN��" ;� My commission expires ��/v�� STATE OF WASHINGTON ) ) ss. , COUNTY OF�.�1.�.� ) ��— On this�day of ,1997,before me,a Notary Public in and for the State of Washington, duly commissioned an sworn, personally appeared Arthur Ballestrasse and Edith Ballestrass� husband and wife, Trustees, known to me to be the individuals named in and who executed the foregoing document,and acknowledged to me that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. I certify that I know or have satisfactory evidence that the persons appearing before me and making this acknowledgment are the persons whose true signatures appear on this document. . � � WITNESS my hand and official seal the day and year in this certificate abo�.e wr�tten. �; ' •, :r.y�.�;.::�,i.�.,;i, >.tar A\ � � ' ',¢ �':r:'-�I..�..... �_ '1 V`( � .. . �l�lar:..:�t.t` �r�,,,, � •/I;�� 'y`� . ,i��.z:.��;�''��"~,A� ��,F�•_ � �.�' .. �-Ys�',�,�.1 `. µ• .s�'`�`► .'.�' . ��.. Signature • . '*' '.' ��. r' • i� /�1 �.A 1'�-:r,w �. �� t RJ � //�� /' �(/./� . 'ei� •'•4 � �, iY . (��•• �'"�. '�^ V��W� ♦ V \ ��` ��, [t` • �•H ��.w��,P►��v�Q� � Print Name .y;�,;:' �.,j:`'�;.�`•"�•'��'�v� ` ;•�� ' �" ��, •��.4�"�r°; ' � NOTARY PUBLIC in and for the Sta��''''' : �� :,;:'' 'r��'� -�-f:� ':�.. '� Washington,residing at �� .�,�;�`'""��E'�'�:'��;�S�'� '.� ��4r''�:`�y��:`i �,�% ° Mycommissionexpires �' ' ,;;� ��y��'�,:�.�;:';�' �; � '- . '�t' ��.!>�_.�'�l.�Y`Yid�,l.~, p �:�� "�}s:+ '�• .. .�-�5'?1f �.}e�,..eB< !i. ,tii. � . ,Y^.,_ ��t♦:r-•. ` '. r ''' ' ,b��. ��,��f`�.. '• , .�r�i� �' . .:��t w��,:.�. . ti, . v ' , ' , . � STATE OF WASHINGTON ) ) ss. . . COUNTY OF ) On this '1L� day of , 1997, before me, the undersigned, a Notary Public in and for the State of Washington, ly commissioned and sworn personally appeared Rex Ballestrass� known to me to be the individual that executed the foregoing instrument, and acknowledged the said instrument to be his free and voluntary act and deed,for the purposes therein mentioned. I certify that I know or have satisfactory evidence that the person appearing before me.and making this acknowledgmentis the person whose true signature appears on this document. '� ,. , � ..�� - WITNESS my hand and official seal hereto affixed the day and year in tl�e certi�icate abs�e written. "'�'`r �.: "+ " . �,i-�'�, IS +ifY. � y/� y '9- �,x �Fr s ��,fii`'4-'' - � �1�'/. , ]� � 'y a %��1��:��,��t��fr`. T v�a�` �rv ..�; �,.;�4:, . ,.-� ••7��,. �`� .! "3'• C� +�'y,• • ��'�.� i 3 y J Signature '.y-,.^ , .��:�' ::�„ y.� ,� �,,- `'�`�„ �:, . ..- r� :�'��l_. • •."� ''«�, i � V VVV�/�JI.� G �N�Y'�iS.e�'i'` t.�y ,f �1 �y' �^�'f�•� v�.: � +f,'114. ,k1. ' •i '7 � �7�{.S Print Name ,s�`:F:,'i'-+"`�` �'' .. �� ' �� z�., ..�'� a, �� r ' �:� � ,�o . �:.-r. ;y_� , , a i� ..Yl"�, y� ;�'�'2 � NOTARY PUBLIC in and fo��State" '� x'^�'°` _ . �. Washington,residing at � � ��''.��,'.a.�;�•��' '.,� :n My commission expires ' 'x,'} "�'°�`�"f��"'�y'�;:�� ' �;,,. . 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