HomeMy WebLinkAboutE 20010501001216 CONFORMED COPY
20010501001216
HOFFMAN EAS 16.00
PAGE 001 OF 009
05/01/2001 13:05
KING COUNTY, WA
ACCESS EASEMENT AGREEMENT
Agreement made, effective as of the 2.1 - day of April, 2001, by and
between Kevin W. Hoffmann and Anita M. Hoffmann, (and successors)
hereinafter "Grantors" and Kevin W. Hoffmann and Anita M. Hoffmann, (and
successors) hereinafter "Grantees".
The parties agree as follows:
A. Grantors, the owners of Parcel A, agree to grant and convey to the
Grantees, or owners of Parcel B an easement over and described below across the
property owned by Grantor and located in the County of King, State of
Washington, and more particularly described as follows:
PARCEL A
That portion of the northeast quarter of the northwest quarter of the
southeast quarter of Section 4, Township 23 North, Range 5 East, W. M.,
in King County, Washington, described as follows:
Beginning at the northeast corner of said tract; thence south 01°07'28" west
30 feet, being the true point of beginning; thence continuing south
01°07'28" west 594.45 feet; thence north 88°14'32" west 315.00 feet;
thence north 01°07'28" east 115.46 feet; thence on a curve to the right
having a radius of 271.60 feet, a distance of 54.85 feet; thence south
88°19'25" east 193.74 feet; thence north 09°45'05" west 432.56 feet;
thence south 88°19'25" east 197.34 feet to the point of beginning. Except
the North 250 feet thereof. And except the West 708 feet lying southerly
ACCESS EASEMENT AGREEMENT
PAGE 1
of the south line of Lot 1 Sierra Heights Div.No. 3 Vol. 61 Pg. 53 of the
King County Auditor's Records.
The easement shall be limited in use to "driveway purposes" only. Such
easement shall be approximately twenty (20) feet in width and extend through
Grantor's property along the entire length of Grantor's western property line
between Grantor and Grantees' properties. This is shown by the map attached to
this agreement as Exhibit A and by this reference made a part of this agreement as
fully and to the same effect as if set forth in this instrument in its entirety.
B. "Driveway purposes" as used in this agreement means a residential
driveway. It is agreed that the Grantees will use the driveway for such reasonable
usage as is normal and customary for a residential driveway.
C. The easement described in this instrument shall run with the land
owned by the Grantors adjacent to the above-described property, and shall be
binding on and shall inure for the benefit of the parties to this agreement, and/or
their respective heirs, successors or assigns. The adjacent property benefited by
this easement is legally described as:
PARCEL B
The west 70 feet of the following parcel lying southerly of the south line of
Lot 1 of Sierra Heights Div.No. 3;
That portion of the northeast quarter of the northwest quarter of the
southeast quarter of Section 4, Township 23 North, Range 5 East, W.M.,
described as follows:
Beginning at the northeast corner of said tract; thence south 01°07'28"
west 30 feet, being the true point of beginning; thence continuing south
01°07'28" west 594.45 feet; thence north 88°14'32" west 315.00 feet;
thence north 01°07'28" east 115.46 feet; thence on a curve to the right
having a radius of 271.60 feet, a distance of 54.85 feet; thence south
88°19'25" east 193.74 feet;. thence north 09°45'05" west 432.56 feet;
thence south 88°19'25" east 197.34 feet to the point of beginning;
EXCEPT the North 250 feet thereof.
ACCESS EASEMENT AGREEMENT
PAGE 2
Situate in the County of King, State of Washington.
D. The easement, rights, and privileges granted under this instrument
shall run with the land owned by the Grantees in Paragraph C.
E. Grantees agree to pay Grantor the sum of One Dollar and no/00
($1.00) and/or other good valuable consideration for and in consideration of the
mutual benefits derived herein.
F. The parties agree further, as a part of the consideration of this
conveyance, that Grantees shall so maintain and operate the right-of-way granted
by this instrument in such a manner that the operation of such right-of-way will in
no way hinder or prevent the proper and reasonable use and enjoyment of the
property through which the above-described easement is granted.
G. The parties expressly understand and agree, for themselves, their
successors and assigns, and heirs, and on behalf of tenants, guests of tenants,
agents, and employees, that no party to this agreement shall have any liability to
any other party or any other person or party for any damage or injury in connection
with the easement located on the land of the Grantor as a consequence of entering
into this agreement or any of the actions taken in performance of this agreement.
Each party agrees to indemnify and to hold the other harmless from and against
any and all liabilities or costs for personal injury or property damage when such
injury or damage shall result from, arise out of, or be attributable to the easement
subject to this agreement or any maintenance or repair undertaken under or
pursuant to this agreement.
H. This agreement shall burden Grantor's property described above
presently and upon any change of ownership. This agreement shall benefit
Grantees and run with the land.
I. It is agreed that this agreement shall be governed by, construed, and
enforced in accordance with the laws of the State of Washington.
J. This agreement constitutes the entire agreement between the parties
and any prior understanding or representation of any kind preceding the date of
ACCESS EASEMENT AGREEMENT
PAGE 3
this agreement shall not be binding on either party except to the extent
incorporated in this agreement.
K. Any modification of this agreement or additional obligation assumed
by either party in connection with this agreement shall be binding only if
evidenced in writing signed by each party or an authorized representative party. If
any modification of this agreement is made or additional obligation is assumed by
either party in connection with this agreement, which would result in
noncompliance with local codes and regulations governing access to residential
property, such change(s) will not be binding unless the City of Renton also
approves such changes. Approval by the City of Renton in those limited
circumstances shall not be unreasonably withheld and shall be in addition to
written authorization by both parties.
In witness whereof, each party to this agreement has caused it to be
executed as set forth below.
DATED this 2.1 day of ►4-et,, I 2001.
KEVIN W. HOFF NN, GRANTOR
DATED this Z?a day of I4.ers t , 2001.
£1P,
ANITA M. HOFF NN, GRANTOR
DATED this 2 7 w day of / rr;l
KEVIN W. HOFF l'!/NN, GRANTEE
DATED this 2 7 L day of 410,4 f , 2001.
ANITA M. HOFFMANN, GRANTEE
ACCESS EASEMENT AGREEMENT
PAGE 4
ACKNOWLEDGMENTS
STATE OF WASHINGTON )
) ss.
County of King )
I certify that I know or have satisfactory evidence that KEVIN W.
HOFFMANN, Grantor, signed this instrument, on oath stated that he executed the
instrument, and acknowledged it as his free and voluntary act, for the uses and
purposes therein set forth.
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DATED this ,7 day of Ar. ,1 , 2001.
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jai =+` m '; Pr' L. on,
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STATE OF WASHIN TO ' ` )
) ss.
County of PIERCE )
I certify that I know or have satisfactory evidence that ANITA M.
HOFFMANN, Grantor, signed this instrument, on oath stated that she executed the
instrument, and acknowledged it as her free and voluntary act, for the uses and
purposes therein set forth.
DATED this 2 7 day of Ai 0/ f , 2001.
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to = . ' : S / OTARY PUBLIC in and for the State
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ACCESS EA�$EME T AGREEMENT
PAGE 5
STATE OF WASHINGTON )
) ss.
County of KING )
I certify that I know or have satisfactory evidence that KEVIN W.
HOFFMANN, Grantee, signed this instrument, on oath stated that he executed the
instrument, and acknowledged it as his free and voluntary act, for the uses and
purposes therein set forth.
DATED this a 7 day of AT. i / , 2001.
lilt
+ �s 0 1 Lim
5 Vatst •.Z�r/J 's, o TARY PUBLIC in and for the
y • �'"s= State of Washington.
', °, �,°�=3 My commission expires: l0"'40J'^ dl
STATE OF'WA It TON
) ss.
County of PIERCE )
I certify that I know or have satisfactory evidence that ANITA M.
HOFFMANN, Grantee, signed this instrument, on oath stated that she executed the
instrument, and acknowledged it as her free and voluntary act, for the uses and
purposes therein set forth.
DATED this 2 7 ' day of A �►> / , 2001.
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�,, Print: ti
l �''�, , NO • ' PUBLIC in and or the State
'ta-i' ea �J = ° ' of 4 s shington.
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' y/. My commission expires: l0
sl\S:\IXXX7fV125XX\12521 II 411S ;;It� REEMEN02.doc
ACCESS EASEMENT AGREEMENT
PAGE 6
EXHIBIT A
WHEN RECORDED RETURN TO:
Darcy B. Luxenberg
DAVIES PEARSON,P.C.
920 Fawcett/P. O.Box 1657
Tacoma,WA 98401
Please print or type information WASHINGTON STATE'S RECORDER'S COVERSHEET
Document Title(s) (or transactions contained therein):
1. Access Easement Agreement
2. Shed Restrictive Covenant
3. Restrictive Covenant
4.
Grantor(s) (Last name first,then first name and initials)
1. Kevin W.Hoffman
2. Anita M.Hoffman
3.
4.
5. ❑ Additional Names on Page of Document
Grantee(s) (Last name first,then first name and initials)
1. Kevin W.Hoffman
2. Anita M.Hoffman
3.
4.
5. ❑ Additional Names on Page of Document.
Legal Description(abbreviated: i.e., lot,block,plat or section,township,range)
Sec.4,Twnshp 23 N.,Rng 5 E. (Adjacent Property:Lot 1 of Sierra Heights Division
No. 3)
Legal Description is on Page 1 of Document.
Reference Number(s) of Documents Assigned or Released
❑ Additional Reference Numbers on Page of Document.
Assessor's Property Tax Parcel/Account Number
042305-9277; 042305-9226
❑ Assessor Tax#not yet assigned.
The Auditor/Recorder will rely on the information provided on this cover sheet. The staff will not
read the document to verify the accuracy or completeness of the indexing information provided
herein.
dlb/x:lforms\real est\auditor coversheet.doc