HomeMy WebLinkAboutL - Amended and Restated EasementReturn Address:
Inger Brockman
Montgomery Purdue Blankinship &
Austin PLLC
701 Fifth Avenue, Suite 5500
Seattle, WA 98104
111111111 11111 M
20190830000759
EASEMENT Rec: $117.50
8/30/2019 11:17 AM
KING COUNTY, WA
AMENDED AND RESTATED
EASEMENT AGREEMENT
EXCISE TAX NOT REQUIRED
King Co. Sin
Deputy
Reference Number(s) of related document(s): 5973181
Grantor: 1) Todd W. Gardner and Polly E. Gardner, husband and wife
2) Weatherly Inn — Renton LLC, a Washington limited liability company
Grantee: 1) Weatherly Inn — Renton LLC, a Washington limited liability company;
2) Todd W. Gardner and Polly E. Gardner, husband and wife
Legal Descriptions (abbreviated): PTN SEC 31, TWP 23 N, RG 5 E SE QTR NE QTR
Full legals on Exhibits A and B.
Assessor's Tax Parcel ID Numbers: 312305-9069; 312305-9067; 312305-9094
1. Ownership and Background.
1.1. Todd W. Gardner and Polly E. Gardner, husband and wife
("Gardner") own property commonly known as 4512 Talbot Road S, Renton, WA
98055 and legally described on attached Exhibit A ("Gardner Property").
1.2. Weatherly Inn — Renton LLC, a Washington limited liability
company ("Weatherly") owns easterly and southerly adjacent property legally
described on attached Exhibit B ("Weatherly Property").
1.3. The Weatherly Property is served by an existing easement over the
Gardner Property pursuant to Statutory Warranty Deed dated December 31, 1965
and recorded January 5, 1966 under King County Recording Number 5973181
("1965 Easement").
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1.4. There exists within the area of 1965 Easement a ten foot (10')
wide easement for the benefit of Puget Sound Energy ("PSE"), as successor to
Puget Sound Power & Light Company dated April 20, 1966 and recorded May 3,
1966 under King County Recording Number 6023496 ("1966 PSE Easement") for
installation and maintenance of power poles and wires pursuant to which there
presently exist above ground power lines ("Existing Line") that serves the
Gardner Property and previously served a residence on the Weatherly Property.
1.5. Weatherly is developing the Weatherly Property and Gardner is
developing the Gardner Property and such development requires improving the
access and installing utilities. The parties wish to clarify and amend the terms of
the 1965 Easement and the parties' rights and obligations thereunder, provide for
the relocation of the Existing Line, and grant certain reciprocal rights for access.
2. Grant of Perpetual Access and Utility Easement. Gardner hereby declares,
conveys and warrants to Weatherly the following non-exclusive perpetual easement (the
"Easement"). The Easement is upon, over, under and across that portion of the Gardner
Property legally described in the 1965 Easement and in Exhibit C, attached hereto and
made a part hereof (the "Easement Area"). The Easement Area is graphically depicted,
for illustrative purposes only, as a cross-hatched area in Exhibit D, attached hereto and
made a part hereof The Easement is for the benefit of all and every portion of the
Weatherly Property.
3. 1965 Easement. The 1965 Easement is hereby amended and restated and
superseded in its entirety by this Easement.
4. Scope of Easement. The Easement is granted (and Gardner hereby conveys)
to Weatherly and all of Weatherly's successors in interest in all or any portion of the
Weatherly Property, for the benefit of each such grantee, and for the benefit of each
portion of the Weatherly Property owned by each such grantee (including but not limited
to their guests and invitees) and for adjoining property which Weatherly has or obtains
ownership of in the future, for the following purposes: ingress and/or egress by vehicular
and pedestrian traffic to and/or from the Weatherly Property via the Easement Area, as
may be permitted by applicable government authorities; construction and maintenance of
roadway surface and associated improvements, and; the construction, installation and
maintenance of utilities to serve the Weatherly Property, including but not limited to
storm water drainage, water mains, sanitary sewers, water sprinkler system lines,
telephone and electrical conduits or systems, gas mains and other utilities. All such
mains, sewers, conduits, lines and other utilities shall be installed and maintained below
the ground level or surface of the Easement Area except for such facilities (including
transformers, vents, control boxes and stand pipes) which are required to be located
above ground level by the applicable utility service company or governmental
regulations. The parking of vehicles by Gardner or Weatherly or the loitering of any
AMENDED AND RESTATED EASEMENT PAGE 2
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persons upon the Easement Area is strictly prohibited. Gardner shall not erect, place or
construct any buildings or other structures in or on the Easement Area which will
interfere with the easement rights granted under this Easement to Weatherly, nor shall
Weatherly erect, place or construct any buildings or other structures in or on the
Easement Area which will interfere with the Gardner's right to use the Easement Area.
Weatherly shall have the right to landscape the northerly portion of the Easement Area,
provided that such landscaping does not unreasonably interfere with Grantor's access to
the underground utilities located in the Easement Area for maintenance purposes and
subject to Weatherly's obligation to remove landscaping in Section 5, below. Gardner
shall not undertake any activity in the Easement Area which would disturb or damage the
underground utilities installed by Weatherly in the Easement Area. Gardner also intends
to install underground utilities in the Easement Area and the underground utilities serving
both properties, although separate lines, shall be located in the same section of the
Easement Area unless specifically agreed. Weatherly shall not undertake any activity in
the Easement Area which would disturb or damage the underground utilities installed by
Gardner in the Easement Area. Both Weatherly and Gardner shall require their utility
contractors to provide as-built drawings of the utilities they install in the Easement Area.
Except as otherwise expressly provided in this Agreement, each party shall each be
responsible for the cost of constructing and maintaining their respective utilities. The
utilities shall be metered separately to the Gardner Property and the Weatherly Property.
5. Reservation of Right to Connect; Reciprocal Access Easement. The
planned road improvements by Weatherly within the Easement Area include a curb along
the north edge of the roadway. In the event that Gardner develops or redevelops the
Gardner Property to connect a driveway serving the Gardner Property from to the north to
the Easement Area, Weatherly shall, upon written notice of no less than ninety (90) days,
at Weatherly's expense, remove the respective curbing (up to twenty four feet), or as
required by any governmental authorities, and adjoining landscaping to allow for the
connection by Gardner. The exact location of the curb cut shall be subject to Weatherly's
approval, which approval shall not be unreasonably withheld. Any connecting drive and
related improvements ("Gardner Connection") shall otherwise be at Gardner's expense
and shall be in compliance with all applicable governmental requirements, shall not
impede access in any way to the Weatherly Property via the Easement Area, as improved,
and shall provide directional signage, if necessary, for proper ingress and egress usage.
Upon completion of the Gardner Connection, Gardner and its successors in interest shall
be deemed to have been automatically conveyed, pursuant to this Agreement, a reciprocal
access right for ingress and egress (as the case may be pursuant to then existing drive
aisles) over that portion of the Weatherly Property improved with access drive(s)
extending southerly of the Gardner Connection and westerly to Talbot Road ("Reciprocal
Access Easement"). The Reciprocal Access Easement shall be non-exclusive and limited
in scope to vehicular and pedestrian access via existing road improvements.
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6. Existing Line Removal; Transformer; Temporary Electrical Easement.
Gardner and Weatherly shall cooperate in the removal and relocation of the Existing Line
by PSE and the installation by PSE on the Gardner Property in the location as shown on
Exhibit D of a new electrical transformer ("Transformer") that will serve the Gardner
Property. Gardner shall provide PSE and its contractors access for installation of the
Transformer and execute and deliver easements as may be required by PSE. Both parties
shall cooperate with PSE to facilitate PSE's approval and completion. Weatherly shall
bear the cost payable to PSE of removing the Existing Line and the cost of the
Transformer and installation thereof and the cost of trenching and backfill related to the
PSE work. Gardner shall be responsible for the cost of its own consultants and
contractors it may hire to oversee the work and for any connection of the Transformer to
the improvements on the Gardner property separately billed by PSE. Gardner hereby
grants Weatherly a temporary easement to connect to the Transformer for providing
electrical service to the Weatherly Property during the course of construction on the
Weatherly Property. The temporary easement will terminate on the earlier of i) the date a
transformer is installed and operating on the Weatherly Property and ii) December 31,
2022.
7. Water Line. Weatherly plans to install a water line in the Easement Area that
will serve the Weatherly Property. Weatherly agrees that Gardner may connect to the
line and, in anticipation of that connection shall install a stub in the location as shown on
Exhibit D. The additional cost of installation of the stub out for the Gardner connection
shall be tracked separately and billed to Gardner, who shall submit payment therefore
within ten days. Gardner shall be responsible for the coordination and cost of the future
connection, as well as for any metering equipment and/or hookup and service fees
serving only the Gardner property. The parties shall execute an easement to the water
district as may be required for the shared line.
8. Liens. Upon the completion of the initial construction of improvements
within the Easement Area, Weatherly shall provide Gardner proof of payment in full and
lien releases confirming that no lien rights exist with respect to the Gardner Property.
9. Covenant Running with the Land. The Easements and all the covenants
and agreements herein shall run with the land and be binding on and inure to the benefit
of all future owners of the Weatherly Property and the Gardner Property. At such time as
a party no longer has an interest in its property, such party shall be released and
discharged from any obligations under this Agreement accruing thereafter
(notwithstanding that the agreement shall run with the land and be binding on the
successor of such released party).
10. Indemnity. Each party (the "Indemnifying Party") shall defend, indemnify
and hold harmless each other and their respective employees, agents and contractors,
from and against all claims and all costs, expenses and liability (including reasonable
AMENDED AND RESTATED EASEMENT PAGE 4
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attorneys' fees) incurred in connection with all claims, including any action or
proceedings brought thereon, arising or resulting from death or personal injury caused to
any person, or damage to the property of any person, that arises from use of the Easement
Areas by the Indemnifying Party or its employees, agents, or contractors, except to the
extent caused by the negligence or willful wrongdoing of the indemnified party or their
respective employees, agents or contractors. This indemnity shall survive the termination
of this Easement.
11. Insurance. Each party shall carry and maintain commercial general liability
insurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence
insuring against any and all liability of the insured for bodily injury, personal injury and
property damage or arising from the maintenance or use of its respective property. Said
insurance shall name the other party and its managers, members, employees and agents as
additional insureds, and shall provide that such parties, although named as insured, shall
nevertheless be entitled to recovery thereunder for any loss suffered by them, their agents
and employees by reason of the first party's negligence. Said insurance shall be primary
insurance as respects such parties and not participating with any other available
insurance.
12. Maintenance and Repair. Unless and until the installation of the Gardner
Connection is completed, the costs of repairs, maintenance and compliance with changes
in applicable federal, state, county or city requirements for the access and pedestrian
walkway and landscaping within the Easement Area providing access to the Weatherly
Property, shall be borne by Weatherly except that any repair required by the act of one
party shall be paid by the responsible party. Weatherly agrees that it shall maintain in
first class condition the roadway bed, surface and associated improvements, including all
landscaping. To the extent any Weatherly-installed landscaping crosses to the north of
the Easement Area, Gardner shall be free to trim it so as to minimize the intrusion.
Following completion of the Gardner Connection, Gardner shall reimburse Weatherly,
within ten days of presentation of an invoice for such costs, for its pro rata share of the
cost of repairs, maintenance, and compliance, which share shall be the relative square
footage of the area of driveway from the Gardner Connection westerly to Talbot as
compared to the total area of the driveway to the easterly boundary of the Easement Area
incurred after completion of the Gardner Connection. Said maintenance shall include,
but not be limited to, the periodic cleaning, repair, maintenance and replacement of
curbing, striping, signage and pavement and other matters directly related to the same.
Any damage to the Easement Areas caused by Gardner or its agents, employees or
invitees, shall be the responsibility of Gardner. Any damage to the Easement Areas
caused by Weatherly or its agents, employees or invitees shall be the responsibility of
Weatherly. All repairs shall be performed in a professional and first class manner, which,
at a minimum, shall include maintaining the asphalt curb and surface to avoid ruts and
fragmenting along the north edge of the pavement.
AMENDED AND RESTATED EASEMENT PAGE 5
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13. Utility Easements. If required by any utility company (public or private) in
connection with the installation, maintenance and operation in the Easement Area of
utilities serving the Weatherly Property and/or the Gardner Property, Gardner agrees to
grant a utility easement to the utility company in the form requested by the utility
company. The form of such utility easement shall be subject to review and approval by
Gardner, which approval shall not be unreasonably withheld.
14. Documents. The owners of the Gardner Property and the Weatherly Property
shall perform any and all acts and execute and deliver any and all documents as may be
necessary and proper under the circumstances in order to accomplish the intents and
purposes of this instrument and to carry out its provisions.
15. General Provisions.
15.1. In the event of any action or arbitration by an owner for breach of
or to enforce any provisions or rights under this Easement, the non-prevailing
party shall pay all reasonable costs and expenses incurred by the prevailing party
in the action, including but not limited to, the prevailing party's reasonable
attorney's fees.
15.2. Neither this Easement, nor any acts of any owner shall be deemed
or construed by the parties, or either of them, or by any third person, to create the
relationship of principal and agent, or of partnership, or of joint venture, or of any
association.
15.3. If any party shall default in its obligations under this Easement, the
parties each acknowledge that it would be extremely difficult to measure the
resulting damages. Accordingly, any nondefaulting party, in addition to any other
rights or remedies, shall be entitled to restraint by injunction, without the
necessity of posting a bond, of a violation, or attempted or threatened violation, of
any condition or provision of this Easement, or to a decree specifically
compelling performance, without the necessity of posting a bond, of any such
condition or provision. In such event, all parties hereto each expressly waive their
defense that a remedy in damages or at law would be adequate.
15.4. Any modification, waiver, amendment, discharge or charge of this
Easement shall be valid only if it is in writing and signed by all of the owners of
the Weatherly Property and the Gardner Property, and an original of that
instrument is recorded in the real property records of King County, Washington.
Signatures on following page.
AMENDED AND RESTATED EASEMENT PAGE 6
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DATED this day of August, 2019.
GARDNER: WEATHERLY:
Weatherly Inn — Renton LLC
By:
Its:
AMENDED AND RESTATED EASEMENT PAGE 7
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DATED this \ 3 day of August, 2019.
GARDNER: WEATHERLY:
Todd W. Gardner
Polly E. Gardner
Weatherly Inn — Renton LLC
By:
Its: f r765/61 e-,e2
AMENDED AND RESTATED EASEMENT PAGE 7
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Notarial Stamp/Seal
STATE OF WASHINGTON )
) ss.
COUNTY OF KING
This record was acknowledged before me on the day of
2019 by Todd W. Ga$0pawitp,olly E. Gardner, husband and wife.
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This record was acknowledged before me on the day of ,
2019 by as of Weatherly
Inn — Renton LLC.
Notarial Stamp/Seal
Name:
NOTARY PUBLIC, State of Washington
My appointment expires
AMENDED AND RESTATED EASEMENT PAGE 8
{20620/0002/01958142-12}
STATE OF WASHINGTON
) ss
COUNTY OF KING
This record was acknowledged before me on the day of
2019 by Todd W. Gardner and Polly E. Gardner, husband and wife.
Notarial Stamp/Seal
STATE OF WASHINGTON )
) ss.
COUNTY OF KING
Name:
NOTARY PUBLIC, State of Washington
My appointment expires
T ik record yvas acknowledged b ore me on thc 17) atto,\im
2019 by -Ivey BurAn as &OM of Weatherly
Inn - Renton LLC.
Notarial Stamp/Seal
CAL6A.,- 'Led"-
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NOTARY PUBLIC, State of Washington -
My appointment expires O. I C1.01,:)0
AMENDED AND RESTATED EASEMENT PAGE 8
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EXHIBIT A
GARDNER PROPERTY
The south 5.5 acres of the north 25.5 acres of that portion of
northeast quarter of Section 31, Township 23 North, Range 5
County, Washington, lying easterly of the Springbrook Road and
Carr Road;
EXCEPT that portion lying easterly of a line described as follows:
the south half of the
East, W.M., in King
lying southerly of the
Beginning at the east quarter corner of said Section 31;
Thence along the east line of said Section north 1°15'13" east a distance of 659.00 feet;
Thence along the north line of said 5.5 acres north 89°00'28" west a distance of 667.65
feet to the west line of a gravel pit;
Thence continuing north 89°00'28" west 481.00 feet to the TRUE POINT OF
BEGINNING of said described line;
Thence south 0°21'10" west 181.16 feet to the south line of said 5.5 acres and the
terminus of said described line.
AMENDED AND RESTATED EASEMENT PAGE 9
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EXHIBIT B
WEATHERLY PROPERTY
PARCEL A:
THE SOUTH 5.5 ACRES OF THE NORTH 31 ACRES OF THAT PORTION OF THE
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 31,
TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY,
WASHINGTON, LYING EAST OF THE KENT-RENTON COUNTY ROAD;
EXCEPT THAT PORTION OF SAID 5.5 ACRES LYING WITHIN THE EAST HALF
OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID
SECTION 31 AS DESCRIBED IN DEED TO THE STATE OF WASHINGTON,
RECORDED JULY 14, 1958 UNDER RECORDING NO. 4921232;
AND EXCEPT ANY PORTION, IF ANY, LYING WITHIN THE WEST HALF OF
THE NORTH 5 ACRES OF THE SOUTH 9 ACRES OF THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 31;
AND EXCEPT DEDICATED ROADS;
AND EXCEPT ANY PORTION THEREOF LYING OUTSIDE OF THE
BOUNDARIES OF THE TRACT OF LAND ACQUIRED BY JACK SPARKS AND
WIFE, UNDER RECORDING NO. 4910771;
AND EXCEPT THAT PORTION, IF ANY, WITHIN THE TRACT OF LAND
ACQUIRED BY RAY LEWIS AND WIFE, UNDER RECORDING NO. 4445253;
AND EXCEPT THAT PORTION, IF ANY, WITHIN THE TRACT OF LAND
ACQUIRED BY GROVER SHERGRUD AND WIFE UNDER RECORDING NO.
5973181;
AND EXCEPT THAT PORTION, IF ANY, LYING WITHIN THE TRACT OF LAND
ACQUIRED BY ARTHUR SWANSON AND WIFE RECORDED NOVEMBER 17,
1995 UNDER RECORDING NO. 9511170724.
PARCEL B:
THAT PORTION OF THE NORTH 5.5 ACRES OF THE SOUTH HALF OF THE
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 31,
TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY,
AIVWNDED AND RESTATED EASEMENT PAGE 10
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WASHINGTON LYING EAST OF THE JOHN LANGSTON CO. ROAD,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 31;
THENCE ALONG THE EAST LINE OF SAID SECTION, NORTH 1°15'13" EAST A
DISTANCE OF 659.00 FEET; THENCE ALONG THE NORTH LINE OF SAID 5.5
ACRES NORTH 89°00'28" WEST A DISTANCE OF 667.65 FEET TO THE WEST
LINE OF A GRAVEL PIT AND TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 89°00'28" WEST 481.00 FEET;
THENCE SOUTH 0°21'10" WEST 181.16 FEET TO THE SOUTH LINE OF SAID
NORTH 5.5 ACRES;
THENCE ALONG SAID SOUTH LINE SOUTH 89°00'13" EAST 480.99 FEET TO
THE WEST LINE OF SAID GRAVEL PIT;
THENCE ALONG SAID WEST LINE NORTH 0°21'10" EAST 181.19 FEET TO THE
TRUE POINT OF BEGINNING.
PARCEL Bl:
AN EASEMENT FOR ROADWAY PURPOSES, OVER AND ACROSS THE SOUTH
20 FEET OF SAID NORTH 5.5 ACRES;
EXCEPT THE EASTERLY 4.7 ACRES THEREOF, IN KING COUNTY,
WASHINGTON.
AMENDED AND RESTATED EASEMENT PAGE 11
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EXHIBIT C
EASEMENT AREA
An easement for roadway purposes, over and across the south 20' of said north 5.5 acres
EXCEPT the easterly 4.7 acres thereof.
AMENDED AND RESTATED EASEMENT PAGE 12
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SSMH
91
Exhibit D
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HVAC uNIT
EXISTING WILDING
9.0' WEST OF LINE -\\
ek't
si
3Clk C&C).
,c0C) \t‘lx .01
GardnerPropertyl
Transformers
(approx.)
Easement-Areall
(20' -wide)
AMENDED AND RESTATED EASEMENT
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It,
Weatherly•Property¶
WI
Waterline-Stub-for
future-Gardner-Uses
(approx.)'J
Weatherly Propertylll
PAGE 13