HomeMy WebLinkAboutL_Road_and_Utility_Easement_080326.pdf20080327402618.001
AFTER RECORDING MAIL TO:
y 120080327a02018
4tiQBERT D. Wrr•s0
COMMbNMLTN L EAS 45.00
720 SO. 55TH ST... PAG6061 QF W04
03/27/2008 8 tT
RENTON WA 98055
KING COUNTY, WA
E2338944
03/27/2008 13:06
KING CaWNTY, WA
TAX 51,428.@0
SALE x80,008.00 PAGE601 OF 00t
ROAD AND UTILITY EASEMENT
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1111,
ROAD AND UTILITY EASEMENT executed this 24th day of March, 2008, by and
between ERIK DORMAIER, a single man, (hereinafter referred to as "Grantor"), and ROBERT
D_ WILSON and DORAVIN A. WILSON, husband and wife, (hereinafter referred to the
Grantees").
WHEREAS; Grantor is the owner, in fee simple, of that certain real property situate in the,
City of Renton, King County, Washington, legally described as follows:
The East 317 feet of the West 1,003 feet of the South 318 feet of the Southeast Quarter of the
Southeast Quarter of Section 31, Township 23 North, Range 5 East, W.M., in King County,
Washington; Said document(s) were filed for record
EXCEPT County Road. by Commonwealtfl Land Title as 8CC4mmndation
hereinafter referred to as "Parcel A")
only. It has not been examined as to proper
execution 0r 8S t0 its of#OCt upon title.
Tax Parcel Number: 312305-9119-00
AND WHEREAS; Grantees are the owners, in fee simple, of that certain real property
conunonly known as 720 South 55th Street, Renton, Washington, legally described as follows:
Parcel 3, King County Short Plat No. 674217, recorded under Recording No. 7603170525, in
King County, Washington.
thereinafter referred to as "Parcel B")
Tax Parcel Number: 312305-9125-02
AND WHEREAS; the parties hereto do hereby desire to grant a non-exclusive easement
for ingress, egress and utilities over, under, upon, across and through a portion of the said Parcel
A, for the benefit of the said Parcel B;
Road and CJti]ity Easement - Page
20080327002098.002
WITNESSETH;
NOW, THEREFORE, 1N CONSIDERATION of the sung of Eighty Thousand and
No/100 Dollars, ($$0,000.00), and the mutual promises, covenants and agreements contained
herein, and the mutual benefits to be derived therefrom, the parties hereto do hereby promise,
covenant and agree as follows:
1. Granter does hereby grant and convey to the owners of the said Parcel B, their heirs„
executors, successors and/or assigns, a non-exclusive easement for ingress, egress and utilities
over, under, upon, across and through that portion of the said Parcel A, described as follows:
An easement for ingress, egress and utilities lying 25 feet on each side of the following described
centerline:
Beginning at the Southeast Corner of the Southeast Quarter of the Southeast Quarter of Section
31, Township 23 North, Range 5 East, W.M., in King County, Washington;
Thence North along the East Line of said Section 31 to the Northeast Corner of the South 318 feet
of said Southeast Quarter of the Southeast Quarter of Section 31;
Thence West along the North Line of the South 318.00 feet of the said Southeast Quarter of the
Southeast Quarter of Section 31, a distance of 497.37 feet to the Point of Beginning of this
description,-
Thence
escription;
Thence South along a line parallel with the Fast Line of the East 317.00 feet of the West 1003.00
feet of the Southeast Quarter of the Southeast Quarter of Section 31 to a point on the South Line of
said Southeast Quarter of the Southeast Quarter of Section 31 and the terminus of this description,
extending and shortening the side lines as to terminate at the property line;
EXCEPT County Roads.
hereinafter referred to as "Road and Utility Easement")
2. The parties hereto acknowledge that both Parcel A and Parcel B are being marketed for
sale. In the event that both Parcel A and Parcel B are sold to or acquired by the same party or
related entities of the same party, then Erik Dormaier, a single man, shall refund to Robert D.
Wilson and Doravin A. Wilson, husband and wife, a]I consideration paid for this road and Utility
Easement.
3. The owners of the said Parcels A and B shall be equally responsible for and shall each pay
50% of the costs and expenses of the installation, maintenance, repair, replacement and/or
improvement said Road and Utility Easement until such time as said Road and Utility Easement
becomes a dedicated City of Renton Street; provided, the owners of Parcel B shall have no
obligation for such costs and expenses until said Road and Utility Easemont is being used by them
and for the benefit of said Parcel B; provided further, in the event said Road and Utility Easement
is used only for utility purposes, the obligation referred to herein above shall be Iimited to those
related to the utility purposes and shall not include obligations, expenses etc,, as relate to ingress
and egress. The parties acknowledge their intent to make improvements to said Easement so that
the City of Denton will accept said improved right of way as a city street; provided, Robert D.
Road and Utility Easemcnt - Page 2
28080327002018.003
Wilson. and Doravin A. Wilson shall have no personal liability for any of the aforementioned costs
and expenses.
4. The owners of Parcel B shall have the right to grant utility easements oven, under and
across said Easement to any and all providers including, but not limited to, electrical power,
natural gas, water and sewer, cable and other or related utilities etc.
5. The parties hereto shall cooperate in taking all necessary steps in dedicating or otherwise
transferring said roadway to the City of Renton as a public right of way as soon as the road
improvements have been completed in accordance with the requirements of the City of Renton.
And as part of the development of either of the parcels described hereinabove (Parcel A and/or
Parcel B), when the said Easement has been dedicated to the City of Renton as a public right of
way, then this Easement, with the exception of provisions contained in Paragraph 2 above, and the
right of contribution contained in Paragraph 3 above, shall immediately terminate and shall be of
no force and efI'eot.
6. Covenant Running with lands/Attorney's Pees. This Agreement shall be a covenant
running with the lands described herein, and shall inure to the benefit of the parties hereto, their
heirs, executors, successors and/or assigns. In the event that any party to this Agreement, their
heirs, executors, successors and/or assign, retains the services of an attorney to enforce any
provision of this Agreement, the prevailing party in such enforcement proceedings shall be entitled
to recover their reasonable attorneys fees and costs incurred therein.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the date and
year first above written.
ERIK DORMAIER
D'
ROBERT D. WILSON
Road and Utility Fasement - Page 3
DORAVIN A. WILSON
20080327002018.004
STATE OF WASHINGTON
ss.
COUNTY OF KING )
On this day personally appeared before me, a notary public, Erik Dormaier, to me known
to be the individual described in and who executed tyre within instrument and acicnotivledged that he
signed the same as his free and voluntary act and deed for the uses and purposes herein mentioned.
GIVEN UNDER MY HAND AND OFFICIAL SEAL this d y of March, 2008.
T yj'.
01Aop , ; Pni : Craig D. hietbar
NOTARY PUBLIC in and for the State of
Washington, residing at PuyalEup
Z. MyMy Commission Expires, 80'30/2009
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
On this day personally appeared before me, a notary public, Robert D. Wilson and
Doravin A. Wilson, to me known to be the individuals described in and who executed the within
instrument and acknowledged that they signed the same as their free and voluntary act and deed for
the uses and purposes horcin mentioned.
GIVEN UNDER MY HAND AND OFFICIAL SEAL this day of March, 2008.
t.
ti`g51 lV p i, Fri
o° TA '
Prime rai D. hielbar
r " NOTARY PUBLIC in and for the State of
Washington, xesiding at Puy
My Commission Expires: 8/3Q12009
Road and Utility Easemcnt - Page 4