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HomeMy WebLinkAboutE 9509220835 , `� . ' � � , .. '. • � ' . ` For Recorder's Use .�.` ��������� �� 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 �„' TrL T :� }�1 1�{�'�•11�=�r�� T11L i"..i r !^ _ ------ ------^-„� -------- --- EXCISE TAX NQT REQUIRED r:, Co,q�oords bivi�iAn ,:-, � r ri �� -� ► = �,` ` :� r�Y �� e�� i ';' :�� rt7 �� EASEMENT and AGREEMENT fii 42� 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. �--- � � `' ~ - � ��� ; � s� �ohn D. Helm innie E. Helm �,� ��� ���-� � ��� c����� 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 . � .•••`N E. F►T l �'•• .,,��OQ .JJ �,�t. S ���, , � � .' �� '�i �► �•�•�• � � ��v'.�?OTr''•I'.i � i r � 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 _ �2 J �� � +'���������p��.' � e.� , ,� ��•��pN E:.F TT �'•, � � �.• O :\�,�r,v'�•. S '•. � � ::c,,-� '•. •. No ry Public in and for the State of Washington, �j , . � ;� NOTAf;' ��..�: : residing at Kent r � ; r—�� :.�, � My appointment expires: 07-23-93 •��,��✓! f�� :��/�� �i�,9� �•�y„�.�.';'� �� ��i F�� '••.... • '' �1 ��� �'�.�F WAS�`.•� '•••.���.��••'� 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. � � � � ,��,,,�",�r;�...�.,� �.�;;.,. � � ``'����y�.����? ;;�' �� ~��,,'•.�� �:,,,�� .�:, F:. ,,� �; � '�, 4"�` ,;;s �:� t� �C �� � � �a r,ya ,� i�`'`�. a � �Q Jia+i�S! !:5��� v�+�,,�Q��"(f�,:�'L4 ���A�Lfc�� � ��r`�;;i�tl�t 9L '�..�i��..:�na..�>.'�"�ir�+ �� �,;.'S E X H I B I T "B" y��9220835 - N 89° 38 '49" E 2>`2.4<0 ' , . ` _ L EGAC. DESCR/PT/O� FOR •9B005.4i0/ : ' ' TRAGT z09 OF C.D. H/LLMAiI/;5' L.4KE WASH�NGr2�M �ARGL�N OF EDEN D/V/5/ON N0.4, AS PER PLAT REGORDED /N VOLUME /l OF PC.ATS, ON PAl,,E 82, REGORDS O� K/n�C.� N COUNTy; � � • EXGEP7 THE NORTN 85 FEET; AND EXC�PT THE SOUTN 422 FEET TNE�4��: � S iTUATE iI�/ THE GirY OF RENTDN, COUNTY OF X/Nf�, O��� r/89�57'38"E ` �` • STATE OF fil/r45N//JC7T0/J. 0 SZ�, p0� �- 82•/S� � � SEiNy A Po,qTioN oF THE SOurN�AST C�vART�'R OF �=3� R' �0 �y,J SEGTIO/�/ 5, TOWiVSN/P Z3 I�I., RAti/C�E 5 E., I�I/.M. 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S.v�. suirE io8 �. 8E/Nf-� f} P0�4T/O�l/ OF THE SOUTHEAST QUARTER OF SEGTlON 5, rou/NSHiP EVERETT, WA 98Z�4 •. Z3 N•, RANf�E 5 E., w.M. C 3c�o) 355-4402 ` , i � � - �/ 89°5 7'38" E z5z.42 ' - - J -�'t3-0�74