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Home My WebLink AboutL_Rockery_Easement_210812_v1.pdfInstrument Number: 20210812001356 Document:EAS Rec: S211.50 Page-1 of 9 Record Date:8/12/2021 3:50 PM Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY HOLLY FERGUSON, DEPUTY AFTER RECORDING RETURN TO: Fikso Kretschmer Smith Dixon Ormseth 900 Fifth Ave #4000 Seattle, WA 98164 Attn: Stacy Clark or Tina Lieu WAM Gh_5v% Grantor: Glenn J. Perkins and Janetta M. Perkins Grantee: Pulte Homes of Washington, Inc. Abbreviated Legal Description: PTNS OF THE NE 1/40F THE NE 1/40F SECTION 4, TWP 23 N., RANGE 5 E., W.M., KING COUNTY, WA Full Legal Description on Exhibits A and B of Document Assessor's Parcel Numbers: Perkins: 0423059114 TMS DOCUMENT IS RECORDED AS A COURTESY ONLY. Pulte: 0423059142 FIRST AMERICAN TITLE INSURANCE CO. ASSUMES NO LIABILITY FOR SUFFICIENCY, VALIDITY OR ACCURACY ROCKERY EASEMENT AND AGREEMENT This ROCKERY EASEMENT AND AGREEMENT (this "Agreement"), dated as of j-1, 1, 1 - , -, 2021, by and between PULTE HOMES OF WASHINGTON, INC., a Michigan corp atation ("Pulte"), and GLENN J. PERKINS and JANETTA M. PERKINS, husband and wife (collectively, "Perkins"). BACKGROUND A. Pulte is the owner that certain real property located in the City of Renton, King County, Washington, more particularly described in Exhibit A attached hereto and incorporated herein by this reference ("Pulte Property"). B. Perkins is the owner of that certain real property located in the City of Renton, King County, Washington, more particularly described in Exhibit B attached hereto and incorporated herein by this reference ("Perkins Property"). C . Pursuant to that certain Agreement Regarding Pre -Closing and Post -Closing Work and Associated Licenses and Easements, by and between Perkins and Pulte, dated June 10, 2021, Pulte agreed to construct rockeries on the north side of the Perkins Property ("Rockeries"), and Perkins granted Pulte the right to do the same. 0—. Opulte\6 010 (vandermay)\rockery easement\rockM easement01.1 (tje 071321) docx Instrument Number: 20210812001356 Document:EAS Rec: S211.50 Page-2 of 9 Record Date:8/12/2021 3:50 PM King County, WA D. Pulte has requested and Perkins is willing to grant an easement across the Perkins Property to enable Pulte to access the Perkins Property for purposes of maintaining the Rockeries, on the terms and conditions of this Agreement. AGREEMENT Pulte and Perkins agree as follows: 1. Rockery Easement. Perkins hereby grants and conveys to Pulte and its agents, contractors, successors and assigns, a perpetual, non-exclusive easement over and across the area ("Easement Area") of the Perkins Property that is legally described on the attached Exhibit C and depicted on the attached Exhibit D ("Rockery Easement"). The Rockery Easement is intended for the purpose of allowing Pulte and its successors and assigns to enter onto the Easement Area to maintain the Rockeries. Except with Pulte's prior written consent, Perkins shall not take any action that interferes with the foregoing purposes, including without limitation the construction, placement, or installation of any structures or improvements in the Easement Area. Pulte shall repair any damage to the Perkins Property arising from the exercise of Pulte's rights under this Agreement. 2. Indemnification. Pulte shall defend and indemnify Perkins and hold Perkins harmless, from and against any and all loss, cost, liability, third -parry claims, property damage, bodily injury, death, and expense (including reasonable attorneys' fees and costs) whatsoever (collectively, "Loss") that may arise or result from the performance by Pulte of its obligations under this Agreement or from the activities of Pulte, or its contractors, subcontractors at any tier, employees, consultants, and agents (collectively, "Pulte Parties") on the Perkins Property under this Agreement. To the extent the Loss is caused by the negligence or misconduct Perkins, the foregoing obligations in this Section 2 shall not apply, and to the extent the Loss is caused by the concurrent negligence of Perkins and the Pulte Parties, Pulte will be liable under this Section 2 only to the extent of its negligence. 3. Maintenance of Rockeries. Following completion of construction of the Rockeries, Pulte agrees to maintain the Rockeries in a good and workmanlike manner, in accordance with all applicable law. 4. Conveyance to Homeowner's Association. When Pulte establishes a homeowners' association ("Homeowners' Association") to govern the management of common areas and tracts to be established within the Pulte Property, and conveys such common areas and tracts to the Homeowners' Association, Pulte shall assign, and the Homeowners' Association shall assume, all of the right, title and obligations of Pulte under this Agreement to the Homeowners' Association. Following this assignment and assumption, Pulte shall have no further obligations under this Agreement. 5. Attorneys' Fees. In the event of any litigation, arbitration, or other proceeding arising out of or brought to enforce or interpret this Agreement, the prevailing party, as determined by the court or arbitrator, will be entitled to an award of its reasonable attorneys' fees incurred therein, in the preparation therefor, and on any appeal or rehearing. 6. Exhibits. The Exhibits to this Agreement are a part of and incorporated into this Agreement. 7. Binding Effect; Further Acts. This Agreement will inure to the benefit of and bind Pulte and Perkins and their respective heirs, successors and assign including, with respect to Pulte, the Z f f g:\puIte\6.010 (vandermay)\rockery casement\rockery ease men t01.1 (ye 071321). do" Instrument Number: 20210812001356 Document:EAS Rec: 5211.50 Page-3 of 9 Record Date:8/12/2021 3:50 PM King County, WA Homeowners' Association. Pulte and Perkins will each execute and deliver such further documents and instruments, and take such other further actions, as may be reasonably necessary to carry out the intent and provisions of this Agreement. [signatures follow] g.\puItc\G O10 (van der may)\rockery ease men t\rockery ease men tOI ] (rye 0713211 docx Instrument Number: 20210812001356 Document:EAS Rec: 5211.50 Page-4 of 9 Record Date:8/12/2021 3:50 PM King County, WA EXECUTED as of the date first written above. PULTE: PULTE HOMES OF WASHINGTON, INC. leafs PERKINS: GLENN J. PERKINS AND JANETTA M. PERKINS Glenn J. Perkins Jan e*}ta M. Perkins Exhibits A Legal Description of Pulte Property B Legal Description of Perkins Property C Legal Description of Easement Area D Depiction of Easement Area 4 g.\pu1te\6.010 Ivandermay)\rockery ease men t\rockery easement01.1 (rye 071321).docx Instrument Number: 20210812001356 Document:EAS Rec: S211.50 Page-5 of 9 Record Date:8/12/2021 3:50 PM King County, WA STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that -)-ckOA C S � ; ? k T is the person who appeared before me, and said person acknowledged that said pe son signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it as the t_ <__ _t of PULTE HOMES OF WASHINGTON, INC., a Michigan corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. �>n Dated this day of July, 2021. c pTAR �� r i. � s f 20101692 r j�46'��h��a� 4IOPWAS\A\ toll STATE OF WASHINGTON COUNTY OF KING ) ss. (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at My Commission expires: \ / \ 6 2 I certify that I know or have satisfactory evidence GLENN J. PERKINS and JANETTA M. PERKINS, a married couple, are the persons who appeared before me, and said persons acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. k ." Dated this 6 day of July, 2021. C� r� SION ='�io ptA 20101&92 N \&4','v�' 6,1 (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at 7 t,I iA- My Commission expir : \\ v"Z &\pulte\6.010 (vandermay)\rockery easement\rockery easement01.1 (Ile 071321).docx Instrument Number: 20210812001356 Document:EAS Rec: 5211.50 Page-6 of 9 Record Date:8/12/2021 3:50 PM King County, WA EXHIBIT A LEGAL DESCRIPTION OF PULTE PROPERTY Parcel A of City of Renton Boundary Line Adjustment No. LUA18-000125, Rec # 20210729900003. A-] g.\Irdl,achve projects\forest ,erace\perk— b!a\per'ons rockery easement d— Instrument Number: 20210812001356 Document:EAS Rec: S211.50 Page-7 of 9 Record Date:8/12/2021 3:50 PM King County, WA EXHIBIT B LEGAL DESCRIPTION OF PERKINS PROPERTY Parcel B of City of Renton Boundary Line Adjustment No. LUA18-000125. Rec # 20210729900003. B-1 g:A,d\active pratects\forest te-Aperktm hlmckery easement Coc, Instrument Number: 20210812001356 Document:EAS Rec: S211.50 Page-8 of 9 Record Date:8/12/2021 3:50 PM King County, WA EXHIBIT C LEGAL DESCRIPTION OF EASEMENT AREA ROCKERY EASEMENT LEGAL DESCRIPTION A PORTION OF THE SOUTH 292.00 FEET OF THE NORTH 300.00 FEET OF THE EAST 190.00 FEET OF SECTION 4, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 4, MONUMENTED BY AN ENCASED 3/8" BRASS PLUG WITH PUNCH, 1.4 FEET BELOW GRADE; THENCE SOUTH 01°56'03" WEST, ALONG THE EAST LINE OF SAID SECTION 4, BEING COINCIDENT WITH THE CENTERLINE OF UNION AVENUE,195.55 FEET; THENCE NORTH 88008'28" WEST, 43.90 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 88008'28" WEST, 60.09 FEET TO A CURVE TO THE LEFT, HAVING A RADIUS OF 203.50 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 22°5259" FOR AN ARC LENGTH OF 81.28 FEET; THENCE NORTH 01 °39' 13" EAST, 21.51 FEET TO A NON -TANGENT CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 223.50 FEET, THE RADIUS POINT OF WHICH BEARS SOUTH 18053'52" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 20045'24"; FOR AN ARC LENGTH OF 80.97 FEET; THENCE SOUTH 88°08'28" EAST, 28.46 FEET TO A CURVE TO THE RIGHT, HAVING A RADIUS OF 35.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 64°37'23", FOR AN ARC LENGTH OF 39.48 FEET TO THE POINT OF BEGINNING. CONTAINING 2,645 SQUARE FEET, MORE OR LESS. 5/27/2021 C-1 g:\pulte\6.010 (vandermay)\rockery easement\rockery easement01.1 (tje 071321).docx Instrument Number: 20210812001356 Document:EAS Rec: S211.50 Page-9 of 9 Record Date:8/12/2021 3:50 PM King County, WA EXHIBIT D DEPICTION OF EASEMENT AREA EXHIBIT B N` SCALE P-50' SCALE: HORIZONTAL 1 "=50' VERTICAL N/A garghausen ConsuRing Engineers, Inc. 1821572nd Avenue South Kent, W 98032 4252SI.6222 barghaueen-00M (P.O,C ) NE COR 4-23-5 ENCASED 3/8" BRASS PLUG WITH PUNCH 1.4' BELOW GRADE 44i _ ~ i 30.0' I �iw �IQ MII O Q z CV W I � iz W Q 'z to 08'28'w 3.90' For: PULTE GROUP D-1 g:\pulte\6.010 (vandermay)\rockery easement\rockery easement01.1 (Ije 071321) docr. ROCKERY EASEMENT JOB NUMBER 18396 18396L.004.00C SHEET 1 o1__1