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For Recorder's Use
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INH�i REO�RQED RF1'URN 10: �,;
Offi�e of the City Clerk �,�- �.,
Renton M��,�B�a�,g SEP 1 91995
200 Mill Avenue South
Renton,WA 98055 '
KING COUNTY ��'
RECORDER �„'
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EASEMENT and AGREEMENT
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THIS AGREEMENT is made this 23rd day of June, 1995, by JOHN D.
HELM and GINNIE E. HELM, who are husband and wife, hereinafter called
"Helm", and between FRED ABOOSAIDI and SHARON ABOOSAIDI, who are
husband and wife, hereinafter called "Aboosaidi" .
HELM is the owner in fee of the following described real
property, to wit:
The North 85. 00 feet of the South 422 . 00 feet of Tract 209,
�A C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN DIVISION NO.
� 4, according to the plat thereof recorded in Volume 11 of
Q Plats at page 82, records of King County, Washington, being
� a portion of the Southeast Quarter of Section 5, Township 23
� North, Range 5 East, W.M. .
0 ABOOSAIDI is the owner in fee of the following described real
� property, to wit:
�
Tract 209, C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN
DIVISION NO. 4, according to the plat thereof recorded in
Volume 11 of Plats at page 82 , records of King County,
Washington, being a portion of the Southeast Quarter of
Section 5, Township 23 North, Range 5 East, W.M. .
EXCEPT the North 85. 00 feet and EXCEPT the South 422 . 00 feet
thereof.
NOW THEREFORE in consideration of the Mutual Benefits, Mutual
Premises, Mutual Promises, and Mutual Undertakings, the parties do
hereby grant, bargain and convey to each other and their successors
and assigns, a perpetual non-exclusive easement for ingress, egress
and utilities over, through, across and under the following the
following delineated area of real property, attached as Exhibit "B"
hereto, described as follows, to wit:
That portion of Tract 209, C.D. HILLMAN' S LAKE WASHINGTON
GARDEN OF EDEN DIVISION NO. 4, according to the plat thereof
recorded in Volume 11 of Plats at page 82, records of King
County, Washington;
Except the North 85. 00 feet and EXCEPT the South 422 . 00 feet
thereof.
AND the North 85. 00 feet of the South 422 . 00 feet of Tract
209, C.D. HILLMAN' S LAKE WASHINGTON GARDEN OF EDEN DIVISION
NO. 4, according to the plat thereof recorded in Volume 11
of Plats at page 82, records of King County, Washington,
said Easement being more particularly described as follows:
EASEMENT and AGREEMENT HELM/ABOOSAIDI 325B:959009EZ.ESM Page-1 of 4
1,
Beginning at the Northeast corner of the North 85. 00 feet of
the South 422 . 00 feet of said Tract 209; THENCE South
89°57 ' 38" West along the North line thereof a distance of
81.85 feet to the beginning of a curve to the left having a
radius of 35. 00 feet; THENCE along the arc of said curve
passing through a central angle of 36°52 ' 01" an arc distance
of 22 . 51 feet to the beginning of a curve to the right
having a radius of 65. 00 feet; THENCE along the arc of said
curve passing through a central angle of 36°52 ' 01" an arc
distance of 41.82 feet; THENCE South 89°57 ' 38" West 6. 45
feet to the beginning of a curve to the left having a radius
of 15. 00 feet; THENCE along the arc of said curve passing
through a central angle of 90°00 ' 00" an arc distance of
23 . 56 feet; THENCE South 00°02 '22" East 15. 00 feet; THENCE
South 89°57 ' 38" West 30. 00 feet; THENCE North 00°02 ' 22"
West 15. 00 feet to the beginning of a curve to the left
having a radius of 15. 00 feet; THENCE along the arc of said
curve passing through a central angle of 90°00 ' 00" an arc
distance of 23 . 56 feet; THENCE South 89°57 ' 38" West 15. 00
feet; THENCE North 00°02 '22" West 30. 00 feet; THENCE North
89°57 ' 38" East 81.45 feet to the beginning of a curve to the
Left having a radius of 35. 00 feet; THENCE along the arc of
said curve passing through a central angle of 36°52 ' 01" an
arc distance of 22 .52 feet to the beginning of a curve to
the right having a radius of 65. 00 feet; THENCE along the
arc of said curve passing through a central angle of
36°52 ' 01" an arc distance of 41.82 feet; THENCE North
89°57 ' 38" East 82 . 15 to a point on the West Right of Way
margin of Edmonds Avenue N.E. ; THENCE South 00°32 ' 49" West
along said West margin of Edmonds Avenue N.E. a distance of
30. 00 feet to the point of beginning.
Being a portion of the Southeast Quarter of Section 5,
� Township 23 North, Range 5 East, W.M. , in King County,
� Washington. (Exhibit "A" attached hereto)
� THE PARTIES desire to reduce to writing their Easement Agreement
� and Joint Maintenance Agreement for the preservation of values and
�j amenities and requiring that this Agreement shall be held and conveyed
Q� subject to these conditions, as follows:
�
�� 1. That the parties using the roadway and easement area shall
� contribute equally to the maintenance of said easement road
by participating equally in the necessary work or
contributing equally to the necessary expense.
2 . That in the event of later subdivisions, resulting in any
additional party or parties using said easement, the
additional party or parties shall contribute equally to the
expense, work and maintenance which shall be equal with any
other party, or parties, using the easement and said party
or parties shall participate equally in making decisions
concerning the roadway easement.
3 . That the parties, their guests and invitees shall not
obstruct the traveled easement way or park vehicles within
the easement area.
4 . That installation of utilities shall be made within the
boundaries of the described easement space allowed and
installation shall be made in such a manner and location as
to not unduly interfere with thE use of tr.� easement
roadway.
5. That the expense of installation of utilities shall be borne
equally by those parties using such utilities.
6. That decisions concerning maintenance and repair of the
roadway may be made by majority vote of the parties using
the easement area. Improvements in the surfacing of the
roadway, as distinguished from repairs, may be made by
majority vote of the parties and those voting affirmatively
for such improvements and repairs.
EASEMENT and AGREEMENT HELM/ABOOSAIDI 3256:959009EZ.ESM Page-2 of 4
7 . That in the event the parties propose to install a utility
line, improve, repair or upgrade, the other parties shall be
notified of such proposal and given an opportunity to
connect with and make use of said utility line upon payment
of their fair proportionate share of the cost of said
utility line as payment is required. In any event, the
utilities installed shall be designed to have adequate
capacity for the number of end party users served.
8. That Restoration of the easement area shall be undertaken
immediately upon completion of such construction,
installation, reconstruction, repair, maintenance, or
replacement and shall be shared equally among the users.
9. That the vote of the majority shall never be used in such a
manner as to create an unreasonable or disproportionate
burden upon the minority of the parties hereto.
10. That the parties further agree not to erect any permanent
type structures within the easement area.
11. That any landscaping, plantings or trees located solely
within the boundaries of the easement area shall be kept
free from verminous infestation tending to destroy their
living existence or existence of surrounding plantings,
trees or other plant growth; and the expense of fertilizing,
pruning and continued maintenance shall be shared equally by
all parties using the easement.
12 . That in the event, any party using the easement refuses to
pay their proportionate share or contribute equally to the
work or expense of construction, reconstruction,
improvement, installation, maintenance or repair, the
offending party or parties shall be charged a reasonable and
proportionate share of the charges, costs, expenses or fees
� paid; and should the party or parties fail to pay such
� charges, costs, expenses or fees, within Thirty (30) days,
� the remaining parties, having paid their fair and
Q proportionate share, shall have the exclusive right to cause
C� a lien to be filed on the property owned by the nonpaying
� party or parties. The lien shall prevail until such time as
� the party or parties pay their equal and proportionate share
,n of the charges, costs, expenses or fees, or the said
� charges, costs, expenses or fees of the party or parties are
paid at time the property is sold or ownership is
transferred. The party or parties paying their equal and
proportionate share of the charges, costs, expenses or fees
shall cause, any liens so filed or recorded, to be satisfied
or extinguished of public record.
IN WITNESS WHEREOF, the parties have executed this Easement and
Agreement and it shall be binding upon and inure to the benefit of the
parties hereto, their legal representatives successors and assigns and
shall run with the land.
�---
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�ohn D. Helm innie E. Helm
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Fred Aboosaidi Sharon Aboosaidi
EASEMENT and AGREEMENT HELM/ABOOSAIDI 325B:959009EZ.ESM Page-3 of 4
STATE OF WASHINGTON)
) ss:
County of King )
On this '� of September, 1995, before me, a Notary Public in
and for the State of Washington, duly commissioned and sworn,
personally appeared John D. Helm and Ginnie E. Helm, to me known to be
the individuals described in and who executed the within and foregoing
Easement and Agreement and acknowledged that they signed the same as
their free and voluntary act and deed for the uses and purposes
therein mentioned
Witness my hand and official seal the day and year in this
certific�.e��i��r��t above writte . �
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� F.���^ :�o�N tary ub 'c in and for the State of Washington,
:Nj�'�. ,,, <<�: ti .• residing at Kent
• �'�,.9��• :�Y;`:1�'���•`� My appointment expires: 07-23-93
,��.FOF�AS�,'�.
STATE OF WASHINGTON )
) ss:
County of King )
On this ��J day of September, 1995, before me, a Notary Public
in and for the State of Washington, duly commissioned and sworn,
personally appeared Fred Aboosaidi and Sharon Aboosaidi, to me known
to be the individuals described in and who executed the with and
foregoing Easement and Agreement and acknowledged that they signed the
same as their free and voluntary act and deed for the uses and
� purposes therein mentioned
� Witness my hand and officia ; seal the day and year in this
;� certif icate f irst above writt�n _
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� � ::c,,-� '•. •. No ry Public in and for the State of Washington,
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� ;� NOTAf;' ��..�: : residing at Kent
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EASEMENT and AGREEMENT HELM/ABOOSAIDI 325B:959009EZ.ESM Page-4 of 4
EXHIBIT"A"
THAT PORTION OF TRACT 209 C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN DIVISION
NO. 4, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS AT PAGE 82,
RECORDS OF KING COUNTY WASHINGTON.
EXCEPT THE NORTH 85.00 FEET AND EXCEPT THE SOUTH 422.00 FEET THEREOF.
AND THE NORTH 85.00 FEET OF THE SOUTH 422.00 FEET OF TRACT 209 C.D. HILLMANS LAKE
WASHINGTON GARDEN OF EDEN DIVISION NO. 4 ACCORDING TO THE PLAT THEREOF RECORDED
IN VOLUME 11 OF PLATS AT PAGE 82 RECORDS OF KING COUNTY, WASHINGTON. SAID
EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
, BEGINNING AT THE NORTHEAST CORNER OF THE NORTH 85.00 FEET OF THE SOUTH 422.00
FEET OF SAID TRACT 209;THENCE SOUTH 89°57'38"WEST ALONG THE NORTH LINE THEREOF A
DISTANCE OF 81.85 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF
35.00 FEET;THENCE ALONG THE ARC OF SAID CURVE PASSING THROUGH A CENTRAL ANGLE OF
36°52'01" AN ARC DISTANCE OF 22.51 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 65.00 FEET; THENCE ALONG THE ARC OF SAID CURVE PASSING THROUGH
A CENTRAL ANGLE OF 36°52'01" AN ARC DISTANCE OF 41.82 FEET; THENCE SOUTH 89°57'38"
WEST 6.45 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 15.00 FEET;
THENCE ALONG THE ARC OF SAID CURVE PASSING THROUGH A CENTRAL ANGLE OF 90°00'00"
AN ARC DISTANCE OF 23.56 FEET; THENCE SOUTH 00°02'22" EAST 15.00 FEET; THENCE SOUTH
89°57'38" WEST 30.00 FEET; THENCE NORTH 00°02'22" WEST 15.00 FEET TO THE BEGINNING OF
A CURVE TO THE LEFT HAVING A RADIUS OF 15.00 FEET; THENCE ALONG THE ARC OF SAID
CURVE PASSING THROUGH A CENTRAL ANGLE OF 90°00'00" AN ARC DISTANCE OF 23.56 FEET;
THENCE SOUTH 89°57'38" WEST 15.00 FEET; THENCE NORTH 00°02'22" WEST 30.00 FEET;
THENCE NORTH 89°57'38" EAST 81.45 FEET TO THE BEGINNING OF A CURVE TO THE LEFT
HAVING A RADIUS OF 35.00 FEET;THENCE ALONG THE ARC OF SAID CURVE PASSING THROUGH
A CENTRAL ANGLE OF 36°52'01" AN ARC DISTANCE OF 22.52 FEET TO THE BEGINNING OF A
CURVE TO THE RIGHT HAVING A RADIUS OF 65.00 FEET; THENCE ALONG THE ARC OF SAID
CURVE PASSING THROUGH A CENTRAL ANGLE OF 36°52'01"AN ARC DISTANCE OF 41.82 FEET;
THENCE NORTH$9°57'38" EAST 82.15 FEET TO A POINT ON THE WEST RIGHT—OF—WAY MARGIN OF
EDMONDS AVENUE NORTHEAST; THENCE SOUThi 00°32'49" WEST ALO�lG SAID �NEST MARGIN
I1'� OF EDMONDS AVENUE NORTHEAST A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING.
C'7
`�i, BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 5,TOWNSHIP 23 NORTH, RANGE 5
Q EAST, W.M. KING COUNTY WASHINGTON.
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