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Home My WebLink AboutRC 20010501001217 CONFORMED COPY 20010501001217 HOFFMAN COV 12.00 PAGE 001 OF 005 KINGICOUNTY13WA5 RESTRICTIVE COVENANT This Agreement is made, effective as of;7 'day of , 2001,by and between Kevin W. Hoffman and Anita M. Hoffman, and their sic Y cessors, hereinafter referred to as "Grantors" and Kevin W. Hoffman and Anita M. Hoffman, and their successors,hereinafter referred to as "Grantees." This agreement relates to two adjacent properties. Grantors own the property legally described as follows and hereinafter referred to as the"Property": That portion of the northeast quarter of the northwest quarter of the southeast quarter of Section 4, Township 23 North, Range 5 East, W. M., in King County, Washington, described as follows: Beginning at the northeast corner of said tract; thence south 01°07'28" west 30 feet, being the true point of beginning; thence continuing south 01°07'28" west 594.45 feet; thence north 88°14'32" west 315.00 feet; thence north 01°07'28" east 115.46 feet; thence on a curve to the right having a radius of 271.60 feet, a distance of 54.85 feet; thence south 88°19'25" east 193.74 feet; thence north 09°45'05" west 432.56 feet; thence south 88°19'25" east 197.34 feet to the point of beginning. Except the North 250 feet thereof. And except the west 70 feet lying southerly of the south line of Lot 1 Sierra Heights Div.No. 3 Vol. 61 pg. 53 of the King County Auditors office. Grantees own the property legally described as follows and hereinafter referred to as the "Adjacent Property": The west 70 feet of the following parcel lying southerly of the south line of Lot 1 of Sierra Heights Div. No. 3; That portion of the northeast quarter of the northwest quarter of the southeast quarter of Section 4, Township 23 North, Range 5 East, W.M., described as follows: Beginning at the northeast corner of said tract; thence south 01°07'28" west 30 feet, being the true point of beginning; thence continuing south 01°07'28" west 594.45 feet; thence north 88°14'32" west 315.00 feet; thence north 01°07'28" east 115.46 feet; thence on a curve to the right having a radius of 271.60 feet, a distance of 54.85 feet; thence south 88°19'25" east 193.74 feet; thence north 09°45'05" west 432.56 feet; thence south 88°19'25" east 197.34 feet to the point of beginning; 1 Situate in the County of King, State of Washington. The parties agree as follows: A. The Grantor has previously granted to Grantees both an access easement for the purposes of a driveway and a sewer easement on the Property to benefit the Adjacent Property. These easements are on record with the King County Auditors Office. B. A small portion of the access driveway easement on the Property is located above the underground septic system which provides septic service to the Adjacent Property. The location of the driveway easement does not have any negative effects on the access of septic service to the Adjacent Property. C. In the event that the Adjacent Property's access to septic service is substantially or completely impaired as a direct result of the current location or from effects from the use of the access driveway easement, Grantors agree to make any repairs, adjustments, modifications to and/or rebuild the septic system if necessary to restore complete access to the Adjacent Property. Grantor shall not be responsible for any impairment of the septic system that is proximately caused by the intentional acts and/or negligence of the Grantees. D. The purpose of the restriction set forth in this agreement is to insure the continued use of Adjacent Property as residential property by preventing the impairment of the required septic system or septic service access to the Adjacent Property. E. The covenants and restrictions contained in this instrument are to run with the land and shall be binding on all parties and all persons claiming under them for so long as the current septic system for the Adjacent Property remains the primary available septic service to the Adjacent Property or the access driveway easement is modified so that it is no longer located above the current septic system,whichever date is earlier. All parties claiming by, through, or under the parties shall be taken to hold, agree, and covenant with the parties,their successors and assigns, and with each of them to conform to and observe the restrictions as to the maintenance of the septic system for the Adjacent Property. However,no restrictions in this agreement shall be personally binding on any corporation,person, or persons except in respect to breaches committed during its,his, her, or their seizing of the title of the land. The owner or owners of any of the above- mentioned land shall have the right to sue for and obtain an injunction,prohibitive or mandatory, to prevent the breach of or to enforce the observance of the restrictions, in addition to ordinary legal actions for damages. The failure of the parties or owner or owners of any the above-described properties to enforce the restrictions set forth in this agreement at the time of its violation shall in no event be deemed to be a waiver of a right to do so subsequently. 2 F. Any modification of this agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in writing signed by each party or an authorized representative party. G. This agreement shall be governed by, construed, and enforced in accordance with the laws of the state of Washington. In witness whereof, each party to this agreement has caused it to be executed as set forth below: Dated:/4",'/,02 7.1°, 2001 ti I/f KEVIN W. HO/ �ANN, GRANTOR Dated: O%i/027 2001 - vu ___ ANITA M. HOFFMANN, GRANTOR Dated: , 2001 � :�► 7 KEVIN W. HOF ANN, GRANTEE Dated: 4n/ 7 , 2001 CLW—la—, -ti-- ANITA M. HOFFMANN, GRANTEE ACKNOWLEDGMENTS STATE OF WASHINGTON ) ) ss. County of King' ) I certify that I know or have satisfactory evidence that KEVIN W. HOFFMANN, Grantor, signed this instrument, on oath stated that he executed the instrument, and acknowledged it as his free and voluntary act, for the uses and purposes therein set forth. DATED this ,7,7" day of 41r i/ ,2001. No.t .... o' i.`•s,� Print...J a L. a ti ®sr � ��o•'s o % NO Y PUBLIC in an for the State of - - Washington. sZo "ONE = Q % My commission expires: ,'' —el —eV J� �� o ' y�. II 3 STATE OF WASHINGTON ) ) ss. County of PIERCE ) I certify that I know or have satisfactory evidence that ANITA M. HOFFMANN, Grantor, signed this instrument, on oath stated that she executed the instrument, and acknowledged it as her free and voluntary act, for the uses and purposes therein set forth. . I DATED this 7 7 day of ,r C / , 2001. E. LY0 ,'1,� ys f�,, Print: kcQf �• L� • .F4 pvit. ;, NO Y PUBLIC in and for the State of J 5. _ ... v e Washington. n\>..^ e . My commission expires: JO-+0l^OJ STATP;fJS,�VY'A, l� IA� ) �� ) ss. County of KI1t3` ) I certify that I know or have satisfactory evidence that KEVIN W. HOFFMANN, Grantee, signed this instrument, on oath stated that he executed the instrument, and acknowledged it as his free and voluntary act, for the uses and purposes therein set forth. DATED thV day of 79 ' / , 2001. .Q p1AP� 's • Print: T ,%c�/•t xp� c..) =' ,, NOT;. RY 5 BLIC in and for the State of 10.0 Was '.: on. 'I •j, J My commission expires: STATE OF W ) ss. County of PIERCE ) I certify that I know or have satisfactory evidence that ANITA M. HOFFMANN, Grantee, signed this instrument, on oath stated that she executed the instrument, and acknowledged it as her free and voluntary act, for the uses and purposes therein set forth. dayof fi i,/ , 2001. DATED this T y yp. LYO/k � ••N„�,,,�s 1,� Print: is Q �o '° �', NOT PUBLIC in and for the State of 1 s Was mgton. • v z • /D ��I— �/ pp,,� o - My commission expires: -0 0 11 ,,,,,,,,, 4 1 EXIST. SI••ED f+teal ., 3 SLOPE PA_ la 1+20.6' 0 • s" • ___` - - 9 . 20' MONT sE-reAc+c .chi 4' , 14 •' a. ar IAP"101' i (41357 1900 P I ER2c r.n�'1 �uk is � rrl eUILv L ors,-0,� . C. El' SIDE SETBACK tGi— • — ••••—0. —6 • Nth AVE. t.�,G'► SOBS' PIL 135A6' y DATUM r0'-0'1 i •N1' 01'28' E flEGIN OD'• IOR1Vt Nkr etax ast FIRE NYGFZJ4MT Foie GRADE Of DRI1/EHAY I, ili ! g4 fliE ' PI ER2 E AVE. NE --- ;-, 6A • J CI ' SIP"a -- - a r.-ft f 1t 0 _ � i.t • Pill ti -�� R _ I 4 WHEN RECORDED RETURN TO: Darcy B. Luxenberg DAVIES PEARSON,P.C. 920 Fawcett/P. O.Box 1657 Tacoma,WA 98401 Please print or type information WASHINGTON STATE'S RECORDER'S COVERSHEET Document Title(s) (or transactions contained therein): 1. Access Easement Agreement 2. Shed Restrictive Covenant 3. Restrictive Covenant 4. Grantor(s) (Last name first,then first name and initials) 1. Kevin W.Hoffman 2. Anita M.Hoffman 3. 4. 5. ❑ Additional Names on Page of Document Grantee(s) (Last name first,then first name and initials) 1. Kevin W.Hoffman 2. Anita M.Hoffman 3. 4. 5. ❑ Additional Names on Page of Document. Legal Description(abbreviated: i.e., lot,block,plat or section,township,range) Sec.4,Twnshp 23 N.,Rng 5 E. (Adjacent Property:Lot 1 of Sierra Heights Division No. 3) Legal Description is on Page 1 of Document. Reference Number(s) of Documents Assigned or Released ❑ Additional Reference Numbers on Page of Document. Assessor's Property Tax Parcel/Account Number 042305-9277; 042305-9226 ❑ Assessor Tax#not yet assigned. The Auditor/Recorder will rely on the information provided on this cover sheet. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. dlb/x:lforms\real est\auditor coversheet.doc