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HomeMy WebLinkAboutE 9105231165 � . • s � R-100-89 , • , . .: ;`n�, F1�,.ED FOR RE�ORD AT�R�QUE�M lid w, . � • �"�" �"`� �� � OFFICE OF THE CITY CLERK REI�TON MUNICIPAL BLDG. 200 MILL AVE. S0. �:� RENTON, WA 98055 � ,s � t.- `, � RECIPROCAL EASEMENT AGREEMENT �'j:,t . WI��REAS, � Craig M:. Johnson and Shawn L. Underwood, husband and wife, ( "Johnso�n�.Underwood"), are the owners of that real property legally described as Lot 1 of Reriton Short Plat No. 052-88, a portion of Tract 10 of Joseph P. Marshall Tracts, as per Plats, Page 30, Records of King County, lying in the SW 1/4 of the SW 1/4 of Section 3, T23N, R5E, W.M. , City of Renton, County of King, State of Washington ( "Parcel A") ; and WHEREAS, Floyd F. Figgins and M. Jean Figgins, husband and wife ("Figgins") are the owners of a contiguous parcel of land to Parcel A which is legally described in Exhibit "1" to this Agreement ("Parcel B") ; and WHEREAS, at the reguest of the City of Renton a.^.d for the mutual benefit of the owners of Parcel A and Parcel B, Johnson/Underwood and Figgins wish to enter into this Reciprocal Easement Agreement ("Agreement") ; NOW, THEREFORE, the owners of Parcel A and Parcel B, along with the City of Renton, agree to the following terms and conditions: � (� l. Grant of Easements. Figgins hereby grants to Johnson/Underwood an � easement for ingress approximately twenty-four (24) feet in width at the access y� point delineated on Exhibit "2A" to this Agreement (Ingress Easement) and an � easement for egress approximately twenty-four (24) feet in width at an access � point delineated on Exhibit "2B" to this Agreement (Egress Easement) . � Johnson/Underwood hereby grant to Figgins an easement approximately twenty-three Q (23) feet in width between the access points of the Ingress and Egress Easements � as shown on Exhibit "2C" to this Agreement (Circulation Easement) . Upon � construction of the site improvements on either Parcel A or Parcel B, the owner of the Parcel who completes construction of the site improvements first shall record, as an amendment to this Agreement, the site plan map to delineate the exact location and dimensions of the Ingress, Egress and Circulation Easements (collectively "Easements") . 2. Temporary Construction. Either party shall have the right to construct a temporary road in the Easements until such time as Parcel A constructs site plan or building improvements. 3. Use of Easements. The Easements shall be used solely for ingress and egress. Johnson/Underwood, their employees, invitees and permittees shall not have the right to park vehicles on Parcel B and Figgins, their employees, invitees and permittees shall not have the right to park vehicles on Parcel A. 4. Attorneys' Fees. In the event that any suit or other proceeding is instituted by either party to this Agreement arising out of or pertaining to this Agreement 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 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 nonprevailing party, in addition to such other relief as may be awarded. �� �;�=- ._ �;. 1.�.�; �:� _'�=;��'��� �. �. � ;,<t G:1REP\SMS\AGO1501.sms/sms/042591/jha/f4 1 �'FS�'���� �—' �it,.� —•�_'aC:t_1��S :}:�}:`�:�. :„ !�!�! .�.—�_.�; .._�c_ 5. Miscellaneous. The Easements created herein shall be appurtenant, shall touch and concern the Parcels described herein, shall run with the land, and shall be binding upon and inure to the benefit of the successors, assigns, transferees, heirs, personal representatives and all persons claiming by, through or under the parties hereto. � Cr '�c . ohnson Date �/�O%� / C � �/1 wn L. Underwood Date "P��l�'��� ..��� . � , -,�.-�'`"""_� •-t..--•-C ,--C ,-�-c= "� F oyd F.,' iggins , , , A ; Date ��� � � :.-1 ,! //( �'�.% � ,� ,�< <' .�<.,_,;, M. Jean iggins ,�/ Date � `/ - �/ ACCEPTED AND APPROVED BY: CITY OF RENTON � � � !"'� BY � Its � Dat � � � STATE OF WASHINGTON ) � ) ss. COUNTY OF KING ) On this day personally appeared before me Craig M. Johnson and Shawn L. Underwood, husband and wife, to me known to be the individuals d�scribed in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therei�,ar�'Pe�n��c9r3"�c�,. ,�� ; . • .. GIVEN,"`ti �'� y-.hai�"d�` �nc�'npfficial eal th� day of 1991. �"�'�n r 4: , �/tG'�--- 'xy �~ � "' otary Public in and for the �'' A � �; Sta e o Was ing on, res�ing D,.1 �� ` °� 3 �, � �. n� °`' ��� a � - My commission expires �°, ---� . �n" �,?: .. �;� �,:- 3y :r�''y,�'' . 7; , �� ,. -. � " r _, ...' - 2 - G:\REPISMS\AG01501.sms/sms/042591/jha/f4 ► . ' r , STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me Floyd F. Figgins and M. Jean Figgins, husband and wife, to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and proposes tl�eiein mentioned. r,;Ii7EN under my hand and official seal t is � �� day gf May, 1991. �.�� �, . Notary Public in and for e State of,ydasl�ington, residing at ���e_.�fi'U�n-. My commission expires //- 11-- `�[.f STATE OF WASHINGTON ) j ss. � COUNTY OF KING On this day of , 1991, before me, the undersigned, a Notary Public in and for th State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of City of Renton he corporation that executed the foregoing instrument, and acknowledged th said instrument to be the free and voluntary act and deed of said corpora on for the uses and purposes therein mentioned, and on oath stated that e was authorized to execute the said � instrument and that the seal affi d (if any) is the corporate seal of said � corporation. � Witness my hand and of cial seal hereto affixed the day and year first w"'� above written. � � � Notary Public in and for the Q State of Washington, residing at �"'� {� My commission expires - 3 - G:\REP\SMS\AGO1501.sms/sms/042591/jha/f4 n�i�TnT^� �� � �� DESCRIPTION OF PFOPERTY : Tt�e East 1; 0 feet ns measured a}.ang the horth �in� Qf tha� portion ef the 5outhwest quazte: of the Southwe5t quarter of Section 3 � � Townsri?p 23. t�orth► Ra;,9e 5 East, W .M.. , described aS fallawsi Beoinring st the Southwest cc=r�er of said SeCtion; Tkl�NCE North 1'23 ' 12" West a�ang the West line of �aid Sectaon , 2312 . 99 feet to the Nort� 3.ine oF said subd�vis�.on; Tii£NCC No:tih 89 °24 ' 2:" East a2.ong 5aid iv4zth line �323 . 77 feet to the Northeast corne: af sa�� 6ubdivision being �.he true po+nt of beainning; TF?ENCE Sc�uth 1Q10 ' 22" East along the East l.ine of said subCivi.sion, . • Sfi4 . 56 feet tv the No:therly m�.rgin of State High4��y i�o. ZtSunset t;ighway) ; � T;-:�tvCE Southwcsterly �long said Highw�y �39 . 52 feer ; � T1iENCE Nor�h paralie� with the East 3ine oE said sub�ivision , a � distan�e of 7b� � I2 :eet ta the North �ine of said subdivision; � Tt�IENCE Easte:ly alonc 5zid North �ine 394 . 2I. feet to the true � pci�►t of beginningJ � EXC�PT that portion thereaf cortveyed �o the CitY of Renton under � Recozdinq No . 644A26I ; and ., • 0 �xcEPT tha� portion cvnveyed to trie srate of WashSng�o;� un�er � Record:.ng No. 720927012fi . � Situate in the Coursty of Ki:�g , State of t��ashin,ton. r � • . EXHIBIT 2A A PARCEL OF LAND within the East 140 feet as measured along the North line of that portion of the Southwest quarter of the Southwest quarter of Section 3, Township 23 North, Range 5 East, W.M. , described as follows: Commencing at the Southwest corner of said Section; Thence North 00° 58' S8" East along the West line of said Section, 1312.49 feet to the North line of said subdivision; Thence South 88° 02' 27" East along said North line 1323.77 feet; Thence South 1° 11 ' 39" West 435 feet to the True Point of Beginning: Thence continuing South 1° 11 ' 39" West 24 feet; Thence North 88° 48' 21" West to intersect the easterly Margin of Anacortes Avenue NE; Thence northeast along the easterly Margin to a point 24 feet north of and parallel with the South line of the said described � parcel; GD '"� Thence South 88° 48' 21" East to the True Point of Beginning. � � � � Q P'I � EXHIBIT "2g" A PARCEL OF LAND the East 140 feet as measured along the North line of that portion of the Southwest quarter of the Southwest quarter of Section 3 , Township 23 North, Range 5 East, W.M. , described as follows: Commencing at the Southwest corner of said Section; Thence North 00° 58 ' S8" East along the West line of said Section, 1312 .49 feet to the North line of said subdivision; Thence South 88° 02 ' 27" East alor.g said North line 1323 .77 feet; Thence South 1° 11' 39" West 371 feet to the True Point of Beginning: Thence continuing South 1° 11' 39" West 24 feet; Thence North 88° 48 ' 21" West 103 .98 feet to the Easterly Margin of Anacortes Avenue NE, Thence Northeast along the Easterly Margin of Anacortes Avenue NE 24 feet, north of and parallel with, the South � line of said described parcel, � Thence South 88° 48 ' 21" East 103 . 98 feet to the True Point � of Beginning. t'7 . � 1J� � O �-1 � EXHIBIT 2C A PARCEL OF LAND within the Southwest Quarter of Section 3, Township 23 North, Range 5 East, W.M. in King County, Washington described as follows: Commencing at the intersection of the northerly Margin of N.E. Sunset Boulevard with the West line of Lot 2 of Renton Short Plat No. 52-88 as recorded under Recording No. 9004109002, Records of King County, Washington; Thence along said West line North 1° 11 ' 39" East 103.09 feet to the True Point of Beginning; Thence continuing North 1° 11' 39" East 88 feet; Thence South 88° 48' 21" East 23 feet; Thence South 1° 11' 39" West 88 feet, paralleling the West line of this Parcel; Thence North 88° 48' 21" West 23 feet paralleling the North line of this parcel to the True Point of Beginning. � � � � C'7 C�2 � O � �