HomeMy WebLinkAboutCommon Areas and Easement Agreement-Parking Lot
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WHEN RECORDED RETURN TO:
Davies Pearson, P.C.
PO Box 1657
Tacoma, WA 98401
AGREEMENT FOR RECIPROCAL EASEMENT FOR PARKING AND
MAINTENANCE (“AGREEMENT”)
Grantors: S. PROPERTIES, L.L.C., a Washington limited liability company, and PDA, LLC,
a Washington limited liability company
Grantee: S. PROPERTIES, L.L.C., A WASHINGTON LIMITED LIABILITY COMPANY,
AND PDA, LLC, A WASHINGTON LIMITED LIABILITY COMPANY
Legal Description (abbreviated): (To be provided after surveyor completes boundary line
adjustment)
Tax Parcel Nos.: 192305-9064 and 192305-9060
Referenced Recorded Documents:
RECITALS
A. S. PROPERTIES, L.L.C., a Washington limited liability company (“S. Properties”), is
the owner of the real property in King County, Washington, commonly known as 846 Lind
Ave SW, Renton, WA 98055, Tax Parcel No. 192305-9064, and legally described as follows
(the “Southern Parcel”):
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LOT A, CITY OF RENTON SHORT PLAT NO. LUA-96-145-SHPL,
RECORDED UNDER RECORDING NO. 9901269012, RECORDS OF
KING COUNTY, WASHINGTON.
EXCEPT THE NORTH 31.00 FEET.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON
B. PDA, LLC., a Washington limited liability company (“PDA”), is the owner of the real
property in King County, Washington, commonly known as 720 Lind Ave SW, Renton, WA
98057, Tax Parcel No. 192305-9060, and legally described as follows (the “Northern
Parcel”):
A RECTANGULAR PARCEL OF LAND IN THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER (GOVERNMENT LOT
1 AND TRACTS 15 AND 16, SECOND SUPPLEMENTAL MAP OF
RENTON SHORELANDS), SECTION 19, TOWNSHIP 23 NORTH,
RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID
SECTION 19;
THENCE SOUTH 89°10’25” EAST ALONG NORTH LINE OF SAID
SECTION 1,098.32 FEET;
THENCE SOUTH 1°13’10” WEST 40.0 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE CONTINUING SOUTH 1°13’10” WEST 336.0 FEET;
THENCE SOUTH 89°10’25” EAST 297.0 FEET;
THENCE NORTH 1°13’10” EAST 336.0 FEET;
THENCE NORTH 89°10’25” WEST 297.0 FEET TO THE TRUE POINT
OF BEGINNING AND THE END OF THIS DESCRIPTION.
TOGETHER WITH THE NORTH 31.00 FEET OF LOT A, CITY OF
RENTON SHORT PLAT NO. LUA-96-145-SHPL, RECORDED UNDER
RECORDING NO. 9901269012, RECORDS OF KING COUNTY,
WASHINGTON.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON
C. The Northern Parcel and the Southern Parcel share a boundary line that runs more or
less east and west along the southern boundary of the Northern Parcel. This boundary line
was established pursuant to that certain boundary line adjustment, as reflected in King
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County Recording No. ________________. The shared boundary line, at the time of the
execution of this Agreement, runs directly between a parking lot that services both the
Northern Parcel and the Southern Parcel. S. Properties and PDA desire to establish,
consistent with the terms and conditions herein, a reciprocal easement for use of the parking
lot and agreement to maintain the parking lot. Attached hereto and marked as Exhibit A is a
rendering of the “Parking Lot” which is subject to this Agreement, as taken from the
boundary line adjustment recorded under King County Recording No. ________________.
NOW, THEREFORE, in consideration of the foregoing, the Parties do hereby grant,
reserve, dedicate, and convey the following easements and covenant to maintain the same:
1. Grant of Reciprocal Easement. Subject to the terms of this Agreement,
including the termination provisions set forth herein; PDA, as owner of the North Parcel,
hereby grants to the S. Properties, as owner of the South Parcel, a non-exclusive, perpetual
easement over the area of the Parking Lot located on the North Parcel for the sole purpose of
vehicular and pedestrian access, ingress and egress, and for vehicular parking by S. Properties
and its guest and invitees. Reciprocally, S. Properties, as owner of the South Parcel, hereby
grants to the PDA, as owner of the North Parcel, a non-exclusive, perpetual easement over
the area of the Parking Lot located on the South Parcel for the sole purpose of vehicular and
pedestrian access, ingress and egress, and for vehicular parking by PDA and its guest and
invitees.
2. Maintenance. The Parties shall maintain the Parking Lot in good repair and in
a commercially reasonable condition, free of debris, sufficiently marked and lined for use as a
parking lot. The Parties shall share equally the cost to maintain the Parking Lot.
Notwithstanding the foregoing, to the extent of any damage or waste is permitted to the
Parking lot on account of one Party’s action (including guests or invitees of that Party), that
Party shall be solely responsible for the repair.
3. Agreement Runs with the Land; Termination. The terms and condition of this
Agreement, including the easements granted hereunder, shall constitute real covenants that
run with the land and the rights and obligations of the Parties set forth in this Agreement shall
inure to the benefit of and be binding upon the Parties respective heirs, successors and
assigns. Notwithstanding the foregoing or any other provision of this Agreement to the
contrary, this Agreement shall automatically terminate without further action of either Party
in the event of (a) a structural reconfiguration or major redevelopment of the improvements
located on the North Parcel or the South Parcel, or (b) the sale of the Northern Parcel. For
clarity, sale of the Southern Parcel shall not automatically terminate this Agreement.
4. Non-Exclusive Rights. Nothing herein shall limit each Party’s right to use or
occupy the real property over which they are granting an easement hereunder, or grant to any
other person any right of use or occupancy with respect thereto, provided such exercise of such
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Party’s rights do not unreasonably interfere with the rights granted to the Parties under this
Agreement.
5. Complete Agreement; Amendment. This Agreement constitutes the complete
understanding between the Parties with respect to the subject matter of this Agreement. Any
amendment or modification to the terms of this Agreement shall be made by separate written
agreement between the Parties.
6. Governing Law; Venue; Attorneys’ Fees. This Agreement shall be governed
by, and construed in accordance with, the laws of the State of Washington, without regard to
principles of conflicts of laws. The venue for litigation to resolve a dispute regarding the
rights and responsibilities of the Parties under this Agreement shall be King County Superior
Court. In the event of any action or arbitration for breach of or to interpret or enforce any
provisions or rights hereunder, the non-prevailing Party shall pay all reasonable costs and
expenses incurred by the prevailing Party in such action, including, but not limited to, such
prevailing Party’s reasonable attorney’s fees.
7. Severability. If any term of this Agreement, or the application hereof to any
person or set of circumstances, shall be found by a court of competent jurisdiction to be
illegal or unenforceable, then the remainder of this Agreement shall be valid and enforceable
to the fullest extent consistent with applicable law.
8. Counterparts. This Agreement may be executed in any number of counterparts,
each of which, when so executed and delivered, shall be an original, but all of which together
shall constitute one easement binding all the Parties.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this ______ day of
_________________ 2024.
S. PROPERTIES, L.L.C.
Richard Snyder, Member/Manager
STATE OF __________________ )
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) ss.
COUNTY OF _______ )
On this ______ day of _____________ 2024, before me, the undersigned, a Notary Public in and for
the state of _____________, duly commissioned and sworn, personally appeared before me RICHARD
SNYDER, to me known to be the person that executed the foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of RICHARD SNYDER, for the uses and purposes therein
mentioned, and on oath stated that he is authorized to execute said instrument.
Witness my hand and official seal hereto affixed the day and year in this certificate above written.
Print Name:
NOTARY PUBLIC in and for the state of
___________, residing at
My commission expires:
IN WITNESS WHEREOF, I have hereunto set my hand and seal this ______ day of
_________________ 2024.
PDA, LLC
Glen Dea, Member/Manager
STATE OF __________________)
) ss.
COUNTY OF _______ )
On this ______ day of _____________ 2024, before me, the undersigned, a Notary Public in and for
the state of _____________, duly commissioned and sworn, personally appeared before me GLEN DEA, to me
known to be the persons that executed the foregoing instrument, and acknowledged the said instrument to be the
free and voluntary act and deed of GLEN DEA, for the uses and purposes therein mentioned, and on oath stated
that they were authorized to execute the said instrument.
Witness my hand and official seal hereto affixed the day and year in this certificate above written.
Print Name:
NOTARY PUBLIC in and for the state of
___________, residing at
My commission expires:
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