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HomeMy WebLinkAbout7198-M-EXH-Joint Use ESMT-2026-09-09 -1- 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): New Lot "A" and New Lot "B" of City of Renton Lot Line Adjustment LUA24-00160; LND30-0437, recorded under King County Recording No. _________________________________________. Tax Parcel Nos.: 192305-9064 and 192305-9060 Referenced Recorded Documents: RECITALS -2- 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”): 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. -3- 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 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 the legal description for the reciprocal parking lot easement. Attached hereto and marked as Exhibit B is a rendering of the “Parking Lot” which is subject to this Agreement. 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 -4- 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 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. -5- 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 __________________ ) ) 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: -6- 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: Project Name: PDA LIND AVE SW June 26, 2024 Page 1 of 1 BY: JSK Ref. DWG: 7198EXH01.dwg EXHIBIT “B” LEGAL DESCRIPTION EASEMENT AREA That portion of the following described properties; 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. And Lot A, City of Renton Short Plat No. LUA-96-145-SHPL, recorded under Recording No. 9901269012, records Of King County, Washington. Being more particularly described as follows; BEGINNING at the Northwest corner of said Lot “A”; THENCE South 89°10'02" East, along the North line of said Lot A, 73.20 feet; THENCE North 01°04'14" East, 20.98 feet to the South face of a building; THENCE South 88°55'46" East, along said building face and its Easterly prolongation 223.86 feet to the East line of above described properties; THENCE South 01°15'31" West, along said East line 102.05 feet to its intersection with the Easterly prolongation of a building face; THENCE North 88°35'52" West, along said building face, 198.40 feet to an angle in said building face; THENCE North 01°24'09" East, along said building face, 18.52 feet to the North line of said building face; THENCE North 88°35'51" West, along said North building face, 98.64 feet to the West line of said Lot A; THENCE North 01°15'31" East, along said West line, 60.53 feet to the TRUE POINT OF BEGINNING. Approximate area being 26,680 square feet - 0.612 acres 06/26/2024 EXHIBIT "A" L 06/26/2024