HomeMy WebLinkAboutE 20070320002244 ' �
Return Address:
CITY QF RENTON
City Clerk Div, Rm. 728
1055 S Grady Way 20070320002244
Renton WA 98055 PAGE001 OFN010 EAS 41.00
03/20/2007 14:30
KING COUNTY, WA
Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04)
DOCUIYICIlt TItIC�S�(or transaCtions Contained therein):(all areas applicable to your document must be filled in)
1. G�S e h^�•.'r z.
3. 4.
Refer�en��ce�N���r�,Qfy ooc�uOm��ssigned or released:
L . �
Additional reference#'s on page of document
Grantor(S (Last name first name,initials)
�. M ar� ��. +�l�►,.�� t . �� �. ,
2.
Additional names on page of document.
GC n,� tee(S (Last name first,then fi�st name and initials)
1.�,�,., . �� d �' ,
2.
Additional names on page of document.
Legal descrlption(abbreviated: i.e.lot,block,plat or section,township,range)
l.o-F 8 0+ �arrio�r ►-�-cw,a Go�rda•�., T���r � 3�ll0 38
Additional legal is on page of document.
Assessor's Property Tax Parcel/Account Number ❑Assessor Tax#not yet
assigned
3i �4yn-�dsU � 3�f99a -ooS 1
The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to
verify the accuracy or completeness of the indeYing information provided herein.
I am requesting an emergency nonstandard recording for an additional fee as provided in RCW
36.18.010. I understand that the recording processing requirements may cover up or otherwise
obscure some part of the text of the original document.
Signature of Requesting Party
'VH�iE�I�G����EfiUFiN T0:
CITY OF RENTON '?
City Clerk Div, Rm, 728 -� j'�
��. �.
1055 S Grady Way ` ��
Rentan WA 98055
[SPACE ABOVE THE LINE IS FOR RECORDER'S USE]
DECLARATION OF EASEMENT
THIS DECLARATION OF EASEMENT ("Declaration") is made this day of
February, 2007,by Monterra Holdings 1,LLC, a Washington limited liability("Declarant").
RECITALS
WHEREAS, Declarant is the owner of that certain real property located in the city of
Renton, King County, Washington that is legally described in Exhibit "A" attached hereto and
incorporated herein by this reference ("Dominant Estate"); .
WHEREAS, Declarant is also the owner of that certain real property located in the city of
Renton, King County, Washington that is legally described in Exhibit "B" attached hereto and
incorporated herein by this reference("Servient Estate");
WHEREAS, Declarant is modifying the boundary lines of the Dominant Estate and
Servient Estate by way of Lot Line Adjustment as depicted in E�ibit "C" attached hereto and
incorporated herein by this reference ("LLA");
WHEREAS, as part of the LLA, the City of Renton is requiring an easement for ingress,
egress and utilities over,under and across a portion of the Servient Estate;
NOW, THEREFORE, Declarant hereby declares that the Real Property described above
shall be subject to the following easements, reservations, limitations, restrictions, covenants, and
conditions, which shall run with the land, and be binding on all parties having any right, title or
interest in such Real Property or any part thereof,their heirs,successors and assigns:
1. Declaration of Road and Utilitv Easement. Declarant hereby creates a nonexclusive
easement in favor of the Dominant Estate for ingress, egress and utilities over, under
and across that portion of the Servient Estate which is depicted in the LLA and which
is l�gally described in Exhibit "D" attached hereto and incorporated herein by this
reference ("Road Easement"). T'he Servient Estate may use the Road Easement only
for ingress, egress and utilities and for no other purpose including, without limitation
parking or the erection of any improvements or gates thereon.
2. Declaration of SiQn Easement. Declarant hereby creates a nonexclusive easement in
favor of the Dominant Estate for the erection and maintenance of a sign for advertising
and promotional purposes ("Sign Easement"). Such sign shall conform to all
applicable legal requirements and may be located anywhere within the Road Easement
as long as such placement does not materially interfere with use of the Road Easement.
3. Maintenance of Road Easement. The Road Easement shall be regularly maintained in
good and passable condition as a paved driveway for the reasonable access to and from
the Servient and Dominant Estates ("Maintenance"). The owners of the Servient and
Dominant Estates shall share equally in the cost of such Maintenance and shall
cooperate in obtaining the services and materials necessary for the Maintenance and to
promptly pay their share for such services and materials. However, no owner may
contract for or incur costs for the Maintenance without the mutual written consent of
the other owner. If either owner contracts for or incurs costs for Maintenance without
such mutual consent, that party shall bear the full liability and costs incurred thereto
and the nonconsenting owner shall have no obligation to share in such liability or
costs. In the event that one owner wants to perform Maintenance and the other owner
is unwilling or unresponsive to such request, the owner desiring Maintenance may
initiate arbitration pursuant to Paragraph 5 below in order to determine whether
Maintenance is necessary.
4. Restoration. If it becomes necessary to perform work on utilities within the Road
Easement, the owner(s) on whose behalf the work was performed shall promptly cause
the Road Easement to be restored to a condition at least as good as was the case prior
to the performance of such work.
5. Arbitration. Any dispute related to use of the easements created hereunder including,
without limitation, disputes related to Maintenance of the Road Easement, shall be
settled by binding arbitration administered by the American Arbitration Association, or
such other similar dispute-resolution organization as parties may so agree. The
appointing authority shall be the American Arbitration Association office located in
Seattle, Washington, unless the parties agree upon another similar dispute-resolution
organization, and the case shall be administered in accordance with the American
Arbitration Association's procedures for cases under the Commercial Arbitration
Rules. The place of arbitration shall be Seattle, Washington, or such other location as
the parties may agree. The number of arbitrators shall be one, unless the parties cannot
agree on a single arbitrator. In such event, the parties shall each choose one arbitrator,
and these two arbitrators shall choose a third arbitrator, who shall preside over the
proceedings. The award rendered by the arbitrator shall be final and binding upon both
parties concerned, and judgment upon the award may be entered in any court having
jurisdiction thereof.
6. General Provisions.
a. Non-Mer�er. It is the intent of the Declarant that the Road Easement and Sign
Easement shall not merge in their title to the Servient and Dominant Estate and that
such Easements created hereunder shall be appurtenant, shall touch and concern
the real property described herein, and shall run with the land.
b. A�plicable Law. This Declaration shall be governed by and construed in
accordance with the laws of the State of Washington. Jurisdiction over and venue
of any suit arising out of or related to this Declaration shall be exclusively in the
state and federal courts of King County,Washington.
c. Attorneys' Fees. In the event that any suit or other proceeding is instituted by
either party to this Declaration arising out of or pertaining to this Declaration,
including but not limited to filing suit or requesting an arbitration, mediation, or
other alternative dispute resolution process (collectively, "Proceedings"), and
appeals and collateral actions relative to such a suit or Proceeding,the substantially
prevailing party as determined by the court or in the Proceeding shall be entitled to
recover its reasonable attorneys'fees and all costs and expenses incurred relative to
such suit or Proceeding from the substantially non-prevailing party, in addition to
such other relief as may be awarded.
d. Severabilitv. If for any reason any portion of this Declaration shall be held to be
invalid or unenforceable, the holding of invalidity or unenforceability of that
portion shall not affect any other portion of this Declaration and the remaining
portions of this Declaration shall remain in full force and effect.
DATED this /o�"�day of February,2007.
DECLARANT
MONTERRA HOLDINGS I,
a Washington ' 'ted liability company
By: �
Name: �al � �!�OGj^
Its: Managing Member
STATE OF WASHINGTON )
)ss.
COUNTY OF K�6 ���'��� )
I certify that I know or have satisfactory evidence that
�ouG��3s /�2LLE��` is the person who appeared before me and said person
acknowledged that he signed this instrument, on oath stated that he was authorized to execute
the instrument and acknowledged it as the Managing Member of Monterra Holdings I, LLC, a
Washington limited liability company to be the free and voluntary act of such party for the uses
and purposes mentioned in the instrument.
Given under my hand and official seal this i��day of P'��,�v,g,¢Y , 2007.
«�����
/JI'IGIYAE L L� �v,�s A
Print Name
Notary Public in and for the
State of Washington
Residing at r-,Q�a�i9
My commission expires �� r aov
EXHIBIT "A"
REVISED LEGAL DESCRIPTION
PARCEL "A"
THAT PORTION OF LOT 8 OF HARRIES GARDEN HOME TRACTS, AS PER
PLAT RECORDED IN VOLUME 34 OF PLATS, PAGE 38, RECORDS OF KING
COUNTY, WASHINGTON, LYING NORTHERLY AND WESTERLY OF THE
FOLLOWING DESCRIBED LINE:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 8; THENCE
N 89°44'59' W, ALONG THE NORTH LINE OF SAID LOT 8, A DISTANCE
OF 91.00 FEET TO THE TRUE POINT OF BEGINNING OF SAID LINE;
TNENCE 5 00°15'01" W, 24.00 FEET; THENCE N 89°44'59" W, 54.00 FEET;
THENCE 5 00°15'O1" W, 70.00 FEET TO A POINT ON THE SOUTH LINE
OF SAID LOT 8 AND THE TERMINUS OF SAID LINE.
EX HI6IT "B"
REVISED LEGAL DESCRIPTION
PARCEL "B"
THAT PORTION OF LOT 8 OF HARRIES GARDEN HOME TRACTS, AS PER
PLAT RECORDED IN VOLUME 34 OF PLATS, PAGE 38, RECORDS OF KING
COUNTY, WASHINGTON, LYING SOUTHERLY AND EASTERLY OF THE
FOLLOWING DESCRIBED LINE:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 8; THENCE
N 89°44'59' W, ALONG THE NORTH LINE OF SAID LOT 8, A DISTANCE
OF 91.00 FEET TO THE TRUE POINT OF BEGINNING OF SAID LINE;
THENCE 5 00°15'01" W, 24.00 FEET; THENCE N 89°�4'S9" W, 54.00 FEET;
THENCE 5 00°15'01" W, 70.00 FEET TO A POINT ON THE SOUTH LINE
OF SAID LOT 8 AND THE TERMINUS OF SAID LINE.
EXHIBIT C � .� I
o�oo�
�oNv° REFER TO RECORDED J --�°�o y �
�.15E� �'pR��N LOT LINE ADJUSTMENT � �`��>I p
FOR FURTHER o a �
� z ^
CLARIFICATION � I o � hQ
AREA FOR NEW PRIVATE 24' INGRESS EGRESS AND UTILITY EASEMENT. � � °� � � ^e'
TO BE RECORDED CONCURRENTLY WITH THIS LLA �J'�p � pWp N �.
INGRESS/EGRESS EASEMENT ��00 30' Q� �
REC. # 5883407(TO BE REMOVED) 9��. � I
2.84' 2•8�' 30.00'
CALC. MO MENI
— _ _ o i np' SIG
r' 24.00 :o
_ayl�� _ P PR OT�LINE N 89°44'59' W _ 24.00'STrW �' ,A PSQNP� / Q
�� � �� .�� � � � �(/ �
�-EXISTING �
_ N
,o P LOT LINE ^ s a Q
N � �
u'i � � N � r /
� w PARCEL B s o Qh� �
)ING o 905 SUNSET BLVD NE y
iQ. FT. "' _ � /
�
�CRES °oo �o `� ^/ hy�
O h v' h� /
72.60' � ^
129.46' 31.48' 2 /
SEWER STUB 4.92' / � /
PER PLAN s O
/ /
/ ,/ /
EXHIBIT "D"
LEGAL �ESCRIPTION FOR ROA� AND UTILITY EASEMENT
THAT PORTION OF THE NORTH 24.00 FEET OF LOT 8 OF HARRIES
GARDEN HOME TRACTS, AS PER PLAT RECORDED IN VOLUME 34 OF
PLATS, PAGE 38, RECORDS OF KING COUNTY, WASHINGTON, LYING
EASTERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 8; THENCE
N 89°44'59' W, ALONG THE NORTH LINE OF SAID LOT 8, A DISTANCE
OF 91.00 FEET TO THE TRUE POINT OF BEGINNING OF SAID LINE;
THENCE 5 00°15'O1" W, 24.00 FEET TO A POINT ON THE SOUTH LINE
OF THE NORTH 24.00 FEET OF SAID LOT 8 AND THE TERMINUS OF
SAID LINE.
ABANDONMENT OF EASEMENT
WHEREAS,the following described easement contained in Statutory Warranty Deed, recorded under
recording number 5883407, is not necessary and/or desirable by the Undersigned,
Original Easement Recording No. 5883407
Quarter Section: SW '/4 ,NE 1/4 , Section 8, Township 23 N., Range 5 E,. W.M.
Parcel No.s 3119900050 and 3119900051
The ingress and egress easement over the north 30 feet of the east 145 feet of Lot Eight(8),Harries
Garden Home Tracts, according to Plat recarded in Volume 34 of Plats, Page 38, in King County,
Washington.
Now, Therefore,
The un rsigned does hereby waive and abandon any and all claim or interest in and to
easement ri ts created by said easement.
��
6���
STATE OF WASHINGTON )
)
COUNTY OF /`���`��� )
I certify that I know or have satisfactory evidence that�,L���qs,nr�te� is the person who
appeared before me, and said person acknowledged that�signed this instrument, on oath
stated that �-��was authorized to execute the instrument and acknowledged it as the
mA��c�.rnJtr m�r�a€ R of ��A,;�n� �ia��.sNc;s �GG to be the free and voluntary act
of such party for the uses and purposes mentioned in the instrument.
GIVEN LTNDE.��rn�.�la�,nd and Official seal this /��� day of y'��R v/� 'r-'y , 200_.
...4Y)J=dS�'.�.r.' F�J
a ��` ql
y��f,�y ` nt, • ••��♦ to � ��
•�;,� �✓�. �.�'�.. !� ��� �///L/ � /�.1Gh'/�tG' L• L.LiA./,JT
;V ';..• t k� . �� '.;�p : NOTARY PUBLIC, in and for the State of
% � � � � • �'�' �` Washington, residing at •7��,�,�►
� : �� .;; �
;�'��. �� . ,_.�J :�� :� My Commission expires �E'� �j .�dA7
/Id�•$�`��q,. �,�, �''��`T�,w
'Q=:"7�, ��d�4y��4`.
��`�ai\�w�w�����