HomeMy WebLinkAboutTemporary Access Easement_v3
Return Address
FKSDO
901 Fifth Avenue, Suite 4000
Seattle, WA 98164
Attn: Stacy Clark or Tina Lieu
RECIPROCAL TEMPORARY ACCESS EASEMENT AGREEMENT
Grantor: UNICO LONGACRES NORTH BUILDING LLC, a Delaware
limited liability company, UNICO LONGACRES COMMERCIAL
EAST LLC, a Delaware limited liability company, UNICO
LONGACRES RESIDENTIAL NORTHWEST LLC, a Delaware
limited liability company, and UNICO LONGACRES
DELCLARANT LLC, a Delaware limited liability company
Grantee: UNICO LONGACRES NORTH BUILDING LLC, a Delaware
limited liability company, UNICO LONGACRES COMMERCIAL
EAST LLC, a Delaware limited liability company, UNICO
LONGACRES RESIDENTIAL NORTHWEST LLC, a Delaware
limited liability company, and UNICO LONGACRES
DELCLARANT LLC, a Delaware limited liability company
Legal Description
(abbreviated):
New Lots 1, 2, 3, 4 and 18, and New Tract 1 of CITY OF RENTON
LLA NO. LUA23-000366; LND30-0436, REC. NO. 2024
__________________, KING COUNTY, WA
Additional on Exhibits A, B, C, D and E-1
Assessor’s Tax Lot
Numbers:
242304-9022, 088670-0010, 088670-0020, 088670-0110, 088670-
0220, 088670-0360,
RECIPROCAL TEMPORARY ACCESS EASEMENT AGREEMENT
THIS RECIPROCAL TEMPORARY ACCESS EASEMENT AGREEMENT (this
“Agreement”) is made as of the _____ day of __________________, 2024 (“Effective Date”),
by and among UNICO LONGACRES NORTH BUILDING LLC, a Delaware limited liability
company (“New Lots 1 and 2 Owner”), UNICO LONGACRES COMMERCIAL EAST LLC, a
Delaware limited liability company (“New Lots 3 and 4 Owner”), UNICO LONGACRES
RESIDENTIAL NORTHWEST LLC, a Delaware limited liability company (“New Lot 18
Owner”), and UNICO LONGACRES DECLARANT LLC, a Delaware limited liability company
(“New Tract 1 Owner”), for the benefit of all present and future owners of New Lots 1 and 2, 3
and 4, 18 and New Tract 1 (each defined below). Each of New Lots 1 and 2 Owner, New Lots 3
and 4 Owner, New Lot 18 Owner and New Tract 1 Owner is referred to herein as a “Party” and
collectively, as the “Parties”.
RECITALS
A. New Lots 1 and 2 Owner is the owner of that certain real property legal described
on Exhibit A attached hereto (“New Lots 1 and 2”). New Lots 3 and 4 Owner is the owner of that
certain real property legally described on Exhibit B attached hereto (“New Lots 3 and 4”). New
Lot 18 Owner is the owner of that certain real property legally described on Exhibit C attached
hereto (“New Lot 18”). New Tract 1 Owner is the owner of that certain real property legally
described on Exhibit D attached hereto (“New Tract 1”).
B. The private drive known as Longacres Way (“Longacres Way”) passes
northwesterly from Oakesdale Avenue SW along New Lots 1 and 2, New Tract 1, New Lots 3 and
4 and New Lot 18 to connect with SW 16th Street.
D. Each of the Parties requires an easement from the other Parties to access the
portions of Longacres Way that pass through their respective properties.
NOW, THEREFORE, in consideration of the covenants contained herein and other
valuable consideration, the Parties agree as follows:
ARTICLE I
GRANT OF EASEMENT
1.01 Access Easement. Each Party hereby grants and declares to and for the benefit of
the other Parties and their employees, contractors, agents, tenants, subtenants, invitees,
concessionaires and licensees (“Permittees”) a temporary nonexclusive easement (“Access
Easement”) over, across, in, through, and upon those portions of their respective properties that
are described on Exhibit E-1 and shown on Exhibit E-2 attached hereto (“Easement Area”), for
the purpose of vehicular and pedestrian access, ingress and egress, passage in, to or from their
respective properties to Oakesdale Avenue SW and SW 16th Street. No Party shall have any right
to access any other portion of another Party’s property pursuant to this Agreement or to erect or
construct any improvements or structures in any portion of the other Parties’ properties. Any entry
shall be subject to such additional safeguards or requirements that an applicable property owner
reasonably or customarily requires to comply with applicable law or regulations or to address
safety, security or confidentiality concerns.
1.02 Termination of Agreement and Access Easement. The parties agree that upon
recording of those certain Second Amended and Restated Declaration of Covenants, Conditions
and Restrictions on the Longacres Campus (of which New Lots 1 and 2, New Lots 3 and 4, New
Lot 18 and New Tract 1 are part) (“CC&Rs”), that all lots within the Longacres Campus will have
the benefit of using Longacres Way for vehicular and pedestrian access, ingress and egress, and
that the Parties will no longer need the Access Easement at such time. Accordingly, upon recording
of the CC&Rs, this Agreement and the Access Easement shall immediately terminate and be of no
further force and effect.
ARTICLE II
MAINTENANCE OF EASEMENT AREA
2.01 Maintenance of Easement Area. Each Party shall be solely responsible for the
maintenance, repair and replacement of the portion of the Easement Area located on its property
at its sole cost and expense. Notwithstanding the foregoing, a Party shall repair, at its sole cost
and expense, any damage or disturbance to another Party’s property directly caused by the
repairing Party’s use of the Access Easement. The Easement Area shall be maintained in good
condition and repair consistent with the Parties’ maintenance of the rest of their respective
properties. No Party shall prevent or unreasonably obstruct the other Parties’ use of the Access
Easement as contemplated hereby.
2.02 Compliance with Laws. Each Party shall comply with all applicable laws and
codes in connection with its activities performed under this Agreement and its use of the Access
Easement.
ARTICLE III
INDEMNIFICATION
3.01 Indemnification. Subject to the provisions of Section 3.02, each Party
(“Indemnitor”) shall indemnify, defend and save the other Parties (“Indemnified Parties”)
harmless from and against any and all demand, liability, damage, actual cost, expense (including
reasonable attorneys’ fees), cause of action, suit, claim (including mechanic’s, materialmen’s or
construction liens) or judgment, arising out of the negligent act, negligent omission or willful
misconduct of Indemnitor and its Permittees in connection Indemnitor’s and its Permittees’ use of
the Indemnified Parties’ properties as permitted by this Agreement, or arising out of the material
breach of this Agreement by Indemnitor or by any of the Permittees of Indemnitor. No
Indemnified Party shall be entitled to the indemnification provided herein for any injury or damage
to the extent arising out of the sole negligent act, negligent omission or willful misconduct of itself
or any of its Permittees. If any losses are caused or alleged to be caused in part by any joint or
concurrent negligent act (either active or passive) or omission by an Indemnified Party or its
Permittees, Indemnitor shall indemnify, hold harmless and defend the Indemnified Party from such
claims only to the extent such claims arise out of or result from the negligence or willful
misconduct of Indemnitor or its Permittees and only in proportion to the negligence of Indemnitor
or its Permittees. INDEMNITOR, BY MAKING ITSELF SUBJECT TO THIS
AGREEMENT EXPRESSLY AND SPECIFICALLY WAIVES ITS IMMUNITY AS AN
EMPLOYER UNDER RCW TITLE 51, INDUSTRIAL INSURANCE, WHICH WAIVER
IS SOLELY FOR THE PURPOSE OF GIVING FULL FORCE AND EFFECT TO THE
FOREGOING INDEMNITY. THIS WAIVER OF IMMUNITY IS NOT INTENDED TO
BENEFIT ANY THIRD PARTIES NOT SUBJECT TO THIS AGREEMENT.
3.02 Waiver of Subrogation. Notwithstanding anything in this Agreement to the
contrary, to the extent permitted by the insurance policies held by an Indemnified Party, such
Indemnified Party waives its right of recovery, right of subrogation, claims, actions, or causes of
action against Indemnitor for loss or damage to its property and the improvements and personal
property located thereon to the extent of recovery under insurance carried by it.
ARTICLE IV
ENFORCEMENT
4.01 Default. In the event of a breach hereunder by any party, the non-breaching party
shall have all remedies available at law or in equity, including, without limitation, the availability
of injunctive relief.
4.02 Parties’ Rights and Remedies. Each Party, together with its successors and
assigns, shall have all rights and remedies available to it at law and in equity to enforce this
Agreement against any Party not in compliance with this Agreement. Such rights and remedies
shall include specific performance and injunctive relief. Notwithstanding the foregoing, each Party
waives and releases any claims it may now or hereafter have against the other Parties for lost
profits, consequential, incidental or indirect damages arising out of or relating to this Agreement.
4.03 Attorneys’ Fees. The prevailing party in any action brought to interpret or enforce
this Agreement shall be entitled to recover its reasonable attorneys' fees, court costs and other
expenses of litigation from the non-prevailing party.
ARTICLE V
GENERAL PROVISIONS
5.01 Amendments. This Agreement may not be modified or amended except by a
written instrument duly executed by all Parties. No modification or amendment of this Agreement
shall be effective until an appropriate instrument has been properly executed, and filed of record
in the land records of King County, Washington.
5.02 Easements Running with Land. The rights, easements and covenants granted,
declared and created under this Agreement shall run with the land and shall be binding upon and
inure to the benefit of the Parties and their heirs, successors and assigns and all those claiming by,
through or under a Party or its heirs, successors and assigns.
5.03 Severability. If any term or provision of this Agreement, or the application thereof
to any person or circumstance shall, to any extent, be held to be invalid or unenforceable by a court
of competent jurisdiction, the remainder of this Agreement, or the application of such term or
provision to persons or circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall
be valid and enforceable to the fullest extent permitted by law.
5.04 Notices. Each Party shall at all times keep the other Parties informed in writing as
to such Party’s proper legal name and address for purposes of sending notices. Each Party shall
be entitled to rely on the last name and address for the other Parties received by it in sending
notices, regulations, invoices or other correspondence or materials required or contemplated under
this Agreement.
5.05 Not a Public Dedication. Nothing in the Agreement shall be deemed to be a gift
or dedication of any portion of the Easement Area to the general public or for the general public
or for any public purpose whatsoever, it being the intention of the parties hereto that this
Agreement shall be strictly limited to and for the purposes herein expressed.
5.06 Governing Law. This Agreement shall be governed, construed and enforced in
accordance with the laws of the State of Washington.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, this Agreement has been executed on the day and year first above
written.
NEW LOTS 1 AND 2 OWNER:
UNICO LONGACRES NORTH BUILDING LLC,
a Delaware limited liability company
By: Unico Longacres Investment Partners LP,
a Delaware limited partnership,
Manager
By: Unico Longacres Investment Partners GP LLC,
a Delaware limited liability company,
General Partner
By: Unico Investment Group LLC,
a Delaware limited liability company,
Managing Member
By:
Name:
Title:
[Notary block follows]
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that _________________________________
is the person who appeared before me, and said person acknowledged that said person signed this
instrument and acknowledged it as the _________________________________ of Unico
Investment Group LLC, a Delaware limited liability company, the Managing Member of Unico
Longacres Investment Partners GP LLC, a Delaware limited liability company, the General
Partner of Unico Longacres Investment Partners LP, a Delaware limited partnership, the
Manager of UNICO LONGACRES NORTH BUILDING LLC, a Delaware limited liability
company, to be the free and voluntary act of such party for the uses and purposes mentioned in
the instrument.
□ (Check if applicable) This notarial act involved the use of communication technology.
DATED this ______ day of ____________________, 20____.
PRINT NAME
NOTARY PUBLIC for the State of Washington,
residing at .
My commission expires: .
[STAMP/SEAL]
[Signatures continue]
NEW LOTS 3 AND 4 OWNER:
UNICO LONGACRES COMMERCIAL EAST LLC,
a Delaware limited liability company
By: Unico Longacres Investment Partners LP,
a Delaware limited partnership,
Manager
By: Unico Longacres Investment Partners GP LLC,
a Delaware limited liability company,
General Partner
By: Unico Investment Group LLC,
a Delaware limited liability company,
Managing Member
By:
Name:
Title:
[Notary block follows]
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that _________________________________
is the person who appeared before me, and said person acknowledged that said person signed this
instrument and acknowledged it as the _________________________________ of Unico
Investment Group LLC, a Delaware limited liability company, the Managing Member of Unico
Longacres Investment Partners GP LLC, a Delaware limited liability company, the General
Partner of Unico Longacres Investment Partners LP, a Delaware limited partnership, the
Manager of UNICO LONGACRES COMMERCIAL EAST LLC, a Delaware limited liability
company, to be the free and voluntary act of such party for the uses and purposes mentioned in
the instrument.
□ (Check if applicable) This notarial act involved the use of communication technology.
DATED this ______ day of ____________________, 20____.
PRINT NAME
NOTARY PUBLIC for the State of Washington,
residing at .
My commission expires: .
[STAMP/SEAL]
[Signatures continue]
NEW LOT 18 OWNER:
UNICO LONGACRES RESIDENTIAL NORTHWEST LLC,
a Delaware limited liability company
By: Unico Longacres Investment Partners LP,
a Delaware limited partnership,
Manager
By: Unico Longacres Investment Partners GP LLC,
a Delaware limited liability company,
General Partner
By: Unico Investment Group LLC,
a Delaware limited liability company,
Managing Member
By:
Name:
Title:
[Notary block follows]
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that _________________________________
is the person who appeared before me, and said person acknowledged that said person signed this
instrument and acknowledged it as the _________________________________ of Unico
Investment Group LLC, a Delaware limited liability company, the Managing Member of Unico
Longacres Investment Partners GP LLC, a Delaware limited liability company, the General
Partner of Unico Longacres Investment Partners LP, a Delaware limited partnership, the
Manager of UNICO LONGACRES RESIDENTIAL NORTHWEST LLC, a Delaware limited
liability company, to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
□ (Check if applicable) This notarial act involved the use of communication technology.
DATED this ______ day of ____________________, 20____.
PRINT NAME
NOTARY PUBLIC for the State of Washington,
residing at .
My commission expires: .
[STAMP/SEAL]
[Signatures continue]
NEW TRACT 1 OWNER:
UNICO LONGACRES DECLARANT LLC,
a Delaware limited liability company
By: Unico Longacres Investment Partners LP,
a Delaware limited partnership,
Manager
By: Unico Longacres Investment Partners GP LLC,
a Delaware limited liability company,
General Partner
By: Unico Investment Group LLC,
a Delaware limited liability company,
Managing Member
By:
Name:
Title:
[Notary block follows]
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that _________________________________
is the person who appeared before me, and said person acknowledged that said person signed this
instrument and acknowledged it as the _________________________________ of Unico
Investment Group LLC, a Delaware limited liability company, the Managing Member of Unico
Longacres Investment Partners GP LLC, a Delaware limited liability company, the General
Partner of Unico Longacres Investment Partners LP, a Delaware limited partnership, the
Manager of UNICO LONGACRES DECLARANT LLC, a Delaware limited liability company,
to be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
□ (Check if applicable) This notarial act involved the use of communication technology.
DATED this ______ day of ____________________, 20____.
PRINT NAME
NOTARY PUBLIC for the State of Washington,
residing at .
My commission expires: .
[STAMP/SEAL]
A-1
EXHIBIT A
Legal Description of New Lots 1 and 2
NEW LOTS 1 AND 2 OF CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA23-000366;
LND30-0436, RECORDED ____________, 2024, UNDER RECORDING NO.
2024________________, RECORDS OF KING COUNTY, WASHINGTON.
B-1
EXHIBIT B
Legal Description of New Lots 3 and 4
NEW LOTS 3 AND 4 OF CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA23-
000366; LND30-0436, RECORDED ____________, 2024, UNDER RECORDING NO.
2024________________, RECORDS OF KING COUNTY, WASHINGTON
C-1
EXHIBIT C
Legal Description of New Lot 18
NEW LOT 18 OF CITY OF RENTON LOT LINE ADJUSTMENT NO.LUA23-000366;
LND30-0436, RECORDED ____________, 2024, UNDER RECORDING NO.
2024________________, RECORDS OF KING COUNTY, WASHINGTON
D-1
EXHIBIT D
Legal Description of New Tract 1
NEW TRACT 1 (WEST) OF CITY OF RENTON LOT LINE ADJUSTMENT
NO. LUA23-000366; LND30-0436, RECORDED ____________, 2024, UNDER RECORDING
NO. 2024________________, RECORDS OF KING COUNTY, WASHINGTON
E-1-1
EXHIBIT E-1
Legal Description of Easement Area
THAT PORTION OF THE SOUTHEAST ¼ OF SECTION 24, TOWNSHIP 23 NORTH,
RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON. DESCRIBED AS FOLLOWS
AND SHOWN ON EXHIBIT E-2:
AS SHOWN ON EXHIBIT E-2, ATTACHED HERETO AND BY THIS REFERENCE
MADE A PART HEREOF, CONSISTING OF A STRIP OF LAND LOCATED IN A
PORTION OF SAID LOTS, BEING 76.00 FEET IN WIDTH, THE SIDELINES OF WHICH
ARE 38.00 FEET (AS SHOWN ON EXHIBIT K-1 SHEETS) ON EACH SIDE OF THE
CENTERLINE DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE MONUMENT AT OAKESDALE AVE. SW & SW
27TH STREET; THENCE NORTH 01° 15' 14” EAST ALONG THE CENTERLINE OF SAID
OAKESDALE AVE. SW, A DISTANCE OF 262.66 FEET TO THE BEGINNING OF A
TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 11,000.00 FEET AND A
CENTRAL ANGLE OF 01° 33' 50”, AN ARC DISTANCE ALONG SAID CENTERLINE OF
300.22 FEET; THENCE NORTH 00° 18' 36” WEST ALONG SAID CENTERLINE, A
DISTANCE OF 1,262.87 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE
RIGHT, HAVING RADIUS OF 5,000 FEET AND A CENTRAL ANGLE OF 06° 01' 38”, AN
ARC DISTANCE ALONG SAID CENTERLINE OF 525.97 FEET; THENCE NORTH 05° 43'
02” EAST ALONG SAID CENTERLINE, A DISTANCE OF 246.94 FEET; THENCE
LEAVING SAID CENTERLINE NORTH 84° 16' 58” WEST, A DISTANCE OF 45.00 FEET TO
THE WESTERLY MARGIN OF SAID OAKESDALE AVE. SW AND THE POINT OF
BEGINNING; THENCE NORTH 89° 56’ 55” WEST, A DISTANCE OF 289.30 FEET TO THE
BEGINNING OF A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 216.00
FEET AND A CENTRAL ANGLE OF 96° 03’ 44”, AN ARC DISTANCE OF 362.15 FEET TO
A POINT OF REVERSE TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 444.00
FEET AND A CENTRAL ANGLE OF 95° 02’ 30”, AN ARC DISTANCE OF 736.50 FEET;
THENCE NORTH 89° 59” 25” WEST, A DISTANCE OF 461.93 FEET TO THE BEGINNING
OF A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 193.00 FEET AND A
CENTRAL ANGLE OF 67° 11’ 53”, AN ARC DISTANCE OF 226.36 FEET TO THE
SOUTHERLY MARGIN OF SW 16TH STREET AND THE END OF THIS STRIP.
THE SIDELINES OF THE ABOVE-DESCRIBED STRIPS OF LAND SHALL BE
LENGTHENED OR SHORTENED TO INTERSECT AT ANGLE POINTS AND AT THE
BEGINNING AND ENDING OF EACH STRIP.
CONTAINING 157,885 SQUARE FEET OR 3.62 ACRES MORE OR LESS.
E-2-1
EXHIBIT E-2
Depiction of Easement Area
[To be attached.]
SHEET NUMBER
CHECKED
PLOT DATE
LAST EDIT
DRAWN
SHEET INFODRAWING INFONORTH MAIN ROAD
EASEMENT
UNICO PROPERTIES
229423-E000168
KING COUNTY, RENTON, WA 98057
MAIN ROAD
1" = 300'
1 OF 3
CEH
JLP
9/20/2023
10/2/2023
An NV5 Company
19201 120th Ave NE, Ste 201
Bothell, WA 98011
425-951-4800 Fax 425-951-4808
EXHIBIT E-2
SHEET NUMBER
CHECKED
PLOT DATE
LAST EDIT
DRAWN
SHEET INFODRAWING INFONORTH MAIN ROAD
EASEMENT
UNICO PROPERTIES
229423-E000168
KING COUNTY, RENTON, WA 98057
MAIN ROAD
1" = 100'
2 OF 3
CEH
JLP
9/20/2023
10/2/2023
An NV5 Company
19201 120th Ave NE, Ste 201
Bothell, WA 98011
425-951-4800 Fax 425-951-4808
EXHIBIT E-2
SHEET NUMBER
CHECKED
PLOT DATE
LAST EDIT
DRAWN
SHEET INFODRAWING INFONORTH MAIN ROAD
EASEMENT
UNICO PROPERTIES
229423-E000168
KING COUNTY, RENTON, WA 98057
MAIN ROAD
1" = 100'
3 OF 3
CEH
JLP
9/20/2023
10/2/2023
An NV5 Company
19201 120th Ave NE, Ste 201
Bothell, WA 98011
425-951-4800 Fax 425-951-4808
EXHIBIT E-2