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Home My WebLink AboutL_Access_Easement_210812_v1.pdfInstrument Number: 20210812001357 Document:EAS Rec: S212.50 Page-1 of 10 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 1 st AM C4A-5010% %S D pCOURTESY RECORDED ONLY FIRST AMERICAN TITLE INSURANCE CO. ASSUMES NO LIABILITY FOR SUFFICIENCYNAUDiTY OR ACCURACY Grantor: 0 Pulte Homes of Washington, Inc. Grantee: Glenn J. Perkins and Janetta M. Perkins Abbreviated Legal Description: PTNS OF THE NE'/a OF THE NE 1/4 OF SECTION 4, TWP 23 N., RANGE S E., W.M., KING COUNTY, WA Full Legal Description on Exhibits A and B of Document Assessor's Parcel Numbers: Perkins: b q z..3 0 S q 11 q Pulte: O U L.-3 D S q14 L TEMPORARY ACCESS EASEMENT AND AGREEMENT This TEMPORARY ACCESS EASEMENT AND AGREEMENT (this "Agreement"), dated as of 1 s , 2021. by and between PULTE HOMES OF WASHINGTON, INC., a Michi an corporation ("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. In connection with Pulte's development of the Pulte Property, Pulte and Perkins undertook a boundary line adjustment ("BLA") that resulted in the loss of Perkins' direct access to Union Avenue, which borders both the Pulte Property and the Perkins Property to the east. 1 \\phseattle1\group\Ind\active projects\forest terrace\perkins bla\access easement • Ica edits • 2021-06.17.docs Instrument Number: 20210812001357 Document:EAS Rec: S212.50 Page-2 of 10 Record Date:8/12/2021 3:50 PM King County, WA D. Pulte intends to pursue a plat of the Pulte Property. Upon the recording of such plat, Pulte will dedicate to the City of Renton as part of the Union Avenue right-of-way the strip of land between the Post -Closing Perkins Property and Union Avenue, restoring Perkins' access. D. Perkins has requested and Pulte is willing to grant a temporary access easement across the Pulte Property to enable Perkins to access the Perkins Property from Union Avenue until such time as Perkins' access is restored, on the terms and conditions of this Agreement. AGREEMENT Pulte and Perkins agree as follows 1. Access Easement. Pulte hereby grants and conveys to Perkins and its agents, contractors, successors and assigns, a perpetual, non-exclusive easement over and across an approximately 55-foot wide tract ("Easement Tract") on the Pulte Property that is legally described on the attached Exhibit C and depicted on the attached Exhibit D ("Access Easement"). The Access Easement is for vehicular and pedestrian access to and from the Perkins Property. Except with Perkins' prior written consent, Pulte 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 Tract. Perkins shall maintain the Easement Tract and promptly repair any damage caused to the Pulte Property arising from the exercise of Perkins's rights under this Agreement. 2. Indemnification. Perkins shall defend and indemnify Pulte and its officers, directors, employees, successors, and assigns (collectively, "Pulte Parties"). and hold the Pulte Parties harmless, from and against any and all loss, cost, liability, third -party 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 Perkins of its obligations under this Agreement or from the activities of Perkins, or its contractors, subcontractors at any tier, employees, consultants, and agents (collectively, "Perkins Parties") on the Pulte Property under this Agreement. To the extent the Loss is caused by the negligence or misconduct of any of the Pulte Parties, the foregoing obligations in this Section 2 shall not apply, and to the extent the Loss is caused by the concurrent negligence of the Pulte Parties and the Perkins Parties, Perkins will be liable under this Section 2 only to the extent of its negligence. 3. Termination. The Easement and this Agreement will terminate upon the dedication by Pulte of the Easement Tract (together with such abutting land as may be additionally dedicated) to the City of Renton as part of the Union Avenue right-of-way. 4. 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. Exhibits. The Exhibits to this Agreement are a part of and incorporated into this Agreement. 2 \\phseattle1\group\Ind\active projects\forest terrace\perkirs bla\access easement - Ica edits - 2021-06-17.docx Instrument Number: 20210812001357 Document:EAS Rec: S212.50 Page-3 of 10 Record Date:8/12/2021 3:50 PM King County, WA 6. Binding Effect; Further Acts. This Agreement will inure to the benefit of and bind Pulte and Perkins and their respective heirs, successors and assigns. 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] 3 \\phseattle1\iroup\lnd\active projects\torest terrace\perkins bla\access easement • Ica edits • 2021-06.17.docx Instrument Number: 20210812001357 Document:EAS Rec: 5212.50 Page-4 of 10 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. ByP e.. a Jam► Es A . 5�.c�rr D,Zc-z-rYz- p0 Lh--,' PERKINS: GLENN J. PERKINS AND JANETTA M. PERKINS Glenn J. Per ns Janetta M. Perkins Exhibits A Legal Description of Pulte Property B Legal Description of Perkins Property C Legal Description of Easement Tract D Depiction of Easement Tract. 4 \\phseattle1\eroup\Ind\active projects\forest terrace\perkins bla\access easement - Ica edits • 2021.06.17.docx Instrument Number: 20210812001357 Document:EAS Rec: S212.50 Page-5 of 10 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 D-OLv'^E s (� O ra�y is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated t� saidpe�son was authorized to execute the instrument and acknowledged it as the . �, e � v\ 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. Dated this VS"day of May, 2021. H 1 �Z '% 4 i �" 2Q101SS2 �" � tA• � 4 =Z / /�//fFOp WASH\"' �r STATE OF WASHINGTON ss. COUNTY OF KING / /// � I - q-), Mctr\G\\,-" G1`1 (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at _ 4. :�� lA)tr My Commission expir ..: 1� '7 vZ' I certify that I know or have satisfactory evidence GLENN J. PERKINS and JA.NETTA 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. Dated this t5 day of May, 2021. �►p =\LION N'04j"' 'e o� SpL1,�'' F�3 i u 20101692 M s / I+Naa��a� 111i0'P WASH`\ (print or type name) NOTARY PUBLIC in and fo the State f Washington, residing at 55A c My Commission expire.�\_ 5 \\phseattlel\group\Ind\active protects\forest terrace\perkins bla\access easement - Ica edits - 2021.06-17.docx Instrument Number: 20210812001357 Document:EAS Rec: S212.50 Page-6 of 10 Record Date:8/12/2021 3:50 PM King County, WA EXHIBIT A LEGAL DESCRIPTION OF PULTE PROPERTY A PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4. TOWNSHIP 23 NORTH, RANGE 5 EAST, W.u., IN KING COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAD SEC11ON 4; THENCE SOUTH 01'56'03' WEST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4 FOR A DISTANCE OF 491,28 FEET TD THE SOUTH LINE OF THE NORTH HALF OF THE EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 4 LYING NORTH OF THE NORTH LINE OF THE SOUTH 1320,00 FEET OF SAID EAST HALF; THENCE ALONG SAID SOUTH LINE NORTH 88'20'47" WEST, 30.00 FEET TO A POINT ON THE WEST LINE OF THE EAST 30.00 FEET OF SAID NORTHEAST QUARTER AND BEING THE POINT OF BEGINNING; THEME CONTINUING NORTH 88'20'47' WEST, A DISTANCE OF 1,286.49 FEET TD THE WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE NORTH DI'36'17" EAST, ALONG SAID WEST LINE FOR A DISTANCE OF 490.77 FEET TO THE NORTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE SOUTH 88'22'06' EAST, ALONG SAID NORTH LINE FOR A D15TANCE OF 1,129.31 FEET TO THE WEST LINE OF THE EAST 19O.DO FEET' OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE SOUTH 01'56'03" WEST, ALONG SAID WEST LINE FOR A DISTANCE OF 8.00 FEET; THENCE SOUTH 88'22'D6' EAST, A DISTANCE OF 160.00 FEET THE WEST LINE OF THE EAST 30.DO FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAD SECTION 4; THENCE SOUTH 01'53'03" WEST, ALONG SAID WEST' LINE FOR A DISTANCE OF 483.27 FEET TO THE POINT OF BEGINNING; EXCEPT THE FOLLOWING DESCRIBED PORTION OF THE ABOVE DESCRIBED PORTION OF LAND-. COMMENCING AT THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED PORTION OF LAND; THEME NORTH D636'10" WEST, A DISTANCE OF 70,73 FEET TO A POINT BEING 4D.50 FEET WEST OF THE EAST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 4 AND BEING THE POINT OF BEGINNING; THENCE NORTH 01-56'03" EAST. A DISTANCE OF 210.83 FEET TO A POINT OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 90'04'31'; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 55.02 FEET; THENCE NORTH 88'O8'28" WEST, A DISTANCE OF 28.46 FEET TO A POINT OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 223.50 FEET AND A CENTRAL ANGLE OF 2945'24 THENCE WESTERLY ALONG THE ARC A DISTANCE OF 80.97 FEET; THENCE SOUTH 01'39'13` WEST, A DISTANCE OF 231.87 FEET; THENCE SOUTH 88'20'47' EAST, A DISTANCE OF 141.57 FEET TO THE POINT OF BEGINNING. A-1 \\phseattlel\group\Ind\active projects\forest terrace\Perkins bla\access easement - Ica edits - 2021-06-17.docx Instrument Number: 20210812001357 Document:EAS Rec: S212.50 Page-7 of 10 Record Date:8/12/2021 3:50 PM King County, WA EXHIBIT B LEGAL DESCRIPTION OF PERKINS PROPERTY A PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.U., IN KING COUNTY, WASHINGTON DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 4; THENCE SOUTH 01'56'03" WEST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4 FOR A DISTANCE OF 491.28 FEET TO THE SOUTH LINE OF THE NORTH HALF OF THE EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 4 LYING NORTH OF THE NORTH UNE OF THE SOUTH 1320.00 FEET OF SAID EAST HALF; THENCE ALONG SAID SOUTH LINE NORTH 88'20'47' WEST, 30.DQ FEET TO A POINT ON THE WEST LINE OF THE EAST 3000 FEET OF SAID NORTHEAST QUARTER: THENCE NORTH 06'36'10" WEST, A DISTANCE OF 70.73 FEET TO A POINT BEING 40.50 FEET WEST OF THE EAST UNE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 4 AND BONG THE POINT OF BEGINNING; THENCE NORTH 01'56'03" EAST, A DISTANCE OF 210.B3 FEET TO A POINT OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 35,00 FEET AND A CENTRAL ANGLE OF 90'04'31'; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 55.02 FEET; THENCE NORTH 88'OB'28" WEST, A DISTANCE OF 23,46 FEET TQ A POINT OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 223.50 FEET AND A CENTRAL ANGLE OF 2CY45'24"; THENCE WESTERLY ALONG THE ARC A DISTANCE OF 80.97 FEET; THENCE SOUTH 01'39'13' WEST, A DISTANCE OF 231.87 FEET; THENCE SOUTH 88'20'47" EAST, A DISTANCE OF 141.57 FEET M THE PLANT OF BEGINNING. B-1 \\phseattlel\group\lnd\active projects\forest terrace\perkins bla\access easement - Ica edits - 2021-06.17.docx Instrument Number: 20210812001357 Document:EAS Rec: S212.50 Page-8 of 10 Record Date:8/12/2021 3:50 PM King County, WA EXHIBIT C LEGAL DESCRIPTION OF EASEMENT TRACT A portion of the Northeast Quarter of the Northeast Quarter of Section 4, Township 23 North, Range 5 East, W.M., in King County, Washington, described as follows: COMMENCING at the Northeast corner of said Section 4; THENCE South 01 056'03" West, along the east line of said Northeast Quarter of the Northeast Quarter, 230.50 feet; THENCE North 88°03'57" West, 30.02 feet to a point on the west line of the east 30.00 feet of said Northeast Quarter of the Northeast Quarter and the POINT OF BEGINNING; THENCE South 01 056'03" West, 55.00 feet; THENCE North 88°03'57" West, 10.50 feet; THENCE North 01 °56'03" East, 55.00 feet; THENCE South 88°03'57" East, 10.50 feet to the POINT OF BEGINNING. C-1 \\phseattleI\group\Ind\active projects\lorest terrace\perklns bla\access ease ment Ica edits- 2021-06-17.docx Instrument Number: 20210812001357 Document:EAS Rec: S212.50 Page-9 of 10 Record Date:8/12/2021 3:50 PM King County, WA EXHIBIT D DEPICTION OF EASEMENT TRACT 0 z'o pAgcE1. g Io APN 042305-9114 L (o m A=20.45 0 rR=223.50' L=60.97' PARCEL A m,�-- sorsl'32w-"'I � t EXISTING APN 04235-914i S1Q91Si�(R) i`STRUCTURE . 'TO REMI SE ao N �9e _ N y Nye y ` W22'6G11r N 1 160.00• I„ ? OLD LOT LINE ( a TO BE I REMOVED Z PARCEL B EXISTING P.O.B. STRUCTURE NEW PARCEL B TO BE REMOVED S66'20'471 141.57' 10 SO6.36'10'E 70.73' 1E TO SE COIIMEA- N86'20'471Y 1286.49' NEW PARCEL B ` A=90'04'31* R=35.00' L-55.02' 55' WIDE ACCESS EASEMENT TO BE RECORDED SEPARATELY [EXPANDED DEPICTION OF EASEMENT TRACT ON FOLLOWING PAGE] D-1 \\phseattlei\group\Ind\active projects\forest terrace\perkins bla\access easement- Ica edits - 2021-06-17.docx Instrument Number: 20210812001357 Document:EAS Rec: S212.50 Page-10 of 10 Record Date:8/12/2021 3:50 PM King County, WA EXPANDED DEPICTION OF EASEMENT TRACT of I 28.46'EXISTING SOt'S1'321N�, � E ,CTU 3'52 E(R) STRURE REMAIN 409 `49e NW22'06'1Y T N a 160.00' W r7 ~' OLD LOT LINE _rho TO BE REMOVED $ LiPARCEL B I Z Prl .O.B. iE NEW PARCEL 8 i )VED S88'20'47E 141.57' ;o S06-36-10-E 70.73' N I TIE TO SE CORNER---ZI I NEW PARCEL B L=55.02' i D-2 \\phseaItlel\Broup\Ind\active projects\forest terrace\Perkins hla\access easement - Ica edits - 2021-06-17.doa 55' WIDE ACCESS EASEMENT TO BE RECORDED SEPARATELY