HomeMy WebLinkAbout20070425001807 DECLARIATION OF EASEMENT 0320070130'
Return Address:
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20070425001807
PA6E001H~N007 EAS 42.00
04/25/2007 14:02
KING COUNTY, WA
CITY OF AUBURN
PLANNING, BUILDING & COMMUNITY DEVELOPMENT
Attn: Elizabeth Chamberlain
25 West Main Street
Auburn, WA 98001
Office: 253-931-3090
Document Title(s) (or transactions contained therein):
1.Declariation of Easement 2.
3.
4.
Reference Number(s) of Documents assigned or released:
Additional reference #'s on page of document
Grantor(s) (Last name, first name, initials)
A&E Channel, LLC
Additional names on page of document.
Grantee(s) (Last name first, then first name and initials)
A&E Channel, LLC
Additional names on page of document.
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
Tract "B" of City of Auburn Lot Line Adjustment No. LLA-5-87, as recorded
under Recording No. 8704220781, records of King County; Situated in King County, Washington.
Additional legal is on page A-1 of document.
Assessor's Property Tax Parcel/Account Number
6.655E+09
Recorded at the request of:
Nicholson Investment Properties, Inc.
2333 Carillon Point
Kirkland, WA 98033
Grantor: A & E Channel, LLC, a Washington limited liability company
Grantee: A & E Channel, LLC, a Washington limited liability company
Legal Description: Tract "B" of City of Auburn Lot Line Adjustment No. LLA-5-87, as recorded
under Recording No. 8704220781, records of King County; Situate in King County, Washington.
Assessor's Tax Parcel ID#: 665500-0015.
DECLARATION OF EASEMENTS
This Declaration of Easements (this "Declaration") is made as of this ~-Q day of
"QXC)jo200$by A & E Channel, LLC ("Declarant").
Declarant is the owner of the real property legally described as Tract "B" of City of
Auburn Lot Line Adjustment No. LLA-5-87, as recorded under Recording No. 8704220781,
records of King County; Situate in King County, Washington (the "Property").
This Declaration is being made in conjunction with and in consideration of the approval
by the City of Auburn of Short Plat No. SPLJ~JL-OM(the "Short Plat"), which Short Plat
divides the Property into four lots (each, a "Lot") known as "Lot 1," "Lot 2," "Lot3" and "Lot 4"
as more particularly described on Exhibit A attached hereto. This Declaration shall be recorded
with the Short Plat. Each Lot is depicted on the face of the Short Plat.
Declarant, through the Short Plat and this Declaration, wishes to create permanent
easements for access and utilities.
As used herein, a "Lot Owner" shall mean an owner of any Lot, whether Declarant or
another party.
1. Access.
1.1. Access Way Easement. Each Lot Owner shall have a permanent right-of-
way (the "Access Way Easement") on, over, across, and along the portions of each Lot that are
developed and maintained as private access ways from time to time (the "Access Way Easement
Area"). The Access Way Easement shall be used for vehicular and pedestrian ingress and egress
purposes by each Lot Owner and each Lot Owner's Permitted Persons (defined below). A Lot
Owner's Permitted Persons means the employees, representatives, agents, licensees, business
visitors, customers, and invitees of such Lot Owner, and the tenants of such Lot Owner and
employees, representatives, agents, licensees, business visitors, customers, and invitees of such
tenants. Use of the Access Way Easement shall be on a regular, continuous, nonexclusive,
nonpriority basis, benefiting each Lot Owner and each Lot Owner's Permitted Persons.
1.2. Eastern Access Easement. Each Lot Owner shall have a permanent
right-of-way (the "Eastern Access Easement") on, over, across, and along the eastern thirty (30)
feet of Lot 1, Lot 2 and Lot 3 as depicted on the Short Plat (the "Western Access Easement
Area"). The Eastern Access Easement shall be used for vehicular and pedestrian ingress and
egress purposes by each Lot Owner and each Lot Owner's Permitted Persons. Use of the Eastern
Access Easement shall be on a regular, continuous, nonexclusive, nonpriority basis, benefiting
each Lot Owner and each Lot Owner's Permitted Persons.
1.3. Emergency Access. Emergency vehicles shall at all times have the right
to use the Access Way Easement and the Eastern Access Easement.
2. Utilities. Each Lot Owner shall have a perpetual nonexclusive appurtenant
easement (the "Utility Easement") on, over and under that portion of the Property depicted on the
Short Plat as "Proposed 15' Utility Esm't" (the "Utility Easement Area") for the purpose of
installing, maintaining and using, all at each Lot Owner's sole expense, one or more Utility Lines
(defined below) for the purpose of serving any development now or hereafter constructed on each
Lot, together with the right to connect to, and to use, any Utility Line now or hereafter located on or
in the Utility Easement Area (subject to the consent, if required, of the entity or persons which
supply or regulate such Utility service). As used herein, "Utility Line" shall mean any pipeline,
wire or other facility for the transmission, distribution, or retention of electricity, water, natural gas,
sewage, surface water runoff, telephone and television signals, or any other surface or product now
or hereafter commonly considered to be in the nature of a "utility." Any Lot Owner seeking use of
the Utility Easement shall be responsible for any upgrade costs in the event the existing Utility
Lines are not sufficient to handle any increase in service, or in order to meet the conditions of city,
county or other governmental authorities.
3. Maintenance. Each Lot Owner shall maintain at its expense (or cause to be
maintained) said Lot and any portion of the Access Way Easement and Eastern Access Easement
contained within said Lot (for each Lot, the "Access Easement Maintenance Areas"). Such
maintenance shall be in such a condition as to allow free access for emergency vehicles. In the
event of the sale of any Lot, the Lot Owner shall be obligated to give actual notice to any
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prospective purchaser of the method of maintenance of the Access Easement Maintenance Areas of
said Lot. Such notice shall be included in any deeds or contracts relating to the sale of said Lot.
4. Property Taxes. Each Lot Owner shall be responsible for all property taxes
attributed to said Lot and any portion Access Way Easement and Eastern Access Easement.
5. Retained Rights. Each Lot Owner reserves the right to use the surface and
subsurface of the Access Way Easement Area and Eastern Access Easement Area contained within
such Lot and to grant others the right to use the surface and subsurface of the Access Way Easement
Area and Eastern Access Easement Area contained within such Lot for any and all purposes. Any
Owner who disturbs (or allows to be disturbed) the surface of any easement created by this
Declaration shall completely and fully restore (or cause to be fully restored) the same, together with
all improvements and plantings thereon, to the condition existing immediately before such invasion.
6. Miscellaneous.
8.1. No Lapse. No rights hereunder shall lapse in the event of the failure to
use any easement established by this Declaration on a continuous basis.
8.2. No Barriers. No Lot Owner may erect (or cause to be erected) fences,
walls or barriers to access on the common boundary lines between any Lot that would
unreasonably interfere with the use of any of the easements created by this Declaration.
8.3. Attorney Fees. In the event of litigation between any Lot Owner,
declaratory or otherwise, in connection with or arising out of this Declaration, the prevailing
parry shall recover from the non-prevailing party all actual costs, actual damages and actual
expenses, including attorneys' fees, paralegals' fees and other professional or consultants' fees
expended or incurred in connection therewith, as set by the court, including for appeals, which
shall be determined and fixed by the court as part of the judgment.
8.4. Burden and Benefit. The easements granted hereunder shall run with the
land as to all property burdened and benefited by such easement, including any division or
partition of such property. The rights, covenants and obligations contained in this Declaration
shall bind, burden and benefit each party's successors and assigns, lessees, mortgagees (or
beneficiaries under a deed of trust).
8.5. Perpetual. Except as provided herein, this Declaration, and the easements
described herein, shall be perpetual and shall run with the land and shall be binding on and shall
inure to the benefit of the parties hereto, their heirs, successors or assigns.
8.6. No Merger. Irrespective of the fact that as of the date of the recordation
of this Declaration and the Short Plat all Lots are owned by Declarant, the easements created
under this Declaration shall run with the land and shall not merge into the fee ownership of
Declarant.
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8.7. Indemnity/Hold Harmless. Each Owner shall indemnify and hold
harmless every other Owner from any damages or claims arising out of the exercise of any rights or
the use of any easements created by this Declaration.
8.8. Invalidity. If any provision of this Declaration is held to be invalid or
unenforceable for any reason, such provision shall be ineffective to the extent of such invalidity
or unenforceability, but the validity of the remaining provisions of this Declaration shall not be
affected thereby. Furthermore, in lieu of each such invalid or unenforceable provision, there
shall be added automatically as a part of this Declaration a provision as similar in terms to such
invalid or unenforceable provision as may be possible and be valid and enforceable.
8.9. No Dedication. Nothing contained in this Declaration shall be deemed to
be a gift or dedication of any portion of any Lot to the general public or for the general public or
for any public purpose whatsoever, it being the intention of the parties that this Declaration shall
be strictly limited to and for the purposes herein expressed.
8.10. Entire Agreement, Amendment. This Declaration sets forth the entire
agreement of Declarant with respect to the subject matter hereof. This Declaration may only be
amended in writing signed by the owners of every Lot, and any such amendment must be
recorded in the real estate records of Pierce County, Washington in order to be effective.
DATED as of the date first set forth above
DECLARANT:
A & E CHANNEL, LLC,
a Washington limited liability company
By:
Its: e
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence thateXeYl~ Ni CnDF s~ person
who appeared before me, and said person acknowledged that he/she signed this instrument, on oath
stated that he/she was authorized to execute the instrument and acknowledged it as the F CXYIk~Q~
of N3& E C Vi and L (-jto be the free and voluntary act of such parry for the uses and
purposes mentioned in the instrument.
Dated 2G 01 .
1M
public)
Z (Printed Name of Notary lic)
00 Ors` My Appointment expires
DECLARATION OF EASEMENTS
EXHIBIT A
Lot 1:
That portion of Tract "B" of City of Auburn Lot Line Adjustment No. LLA-5-87, as recorded
under Recording No. 8704220781, records of King County; Situate in King County, State of
Washington described as follows:
Beginning at the Northeast corner of said Tract B; thence South 00°50'04" West along the East
line of said Tract B a distance of 177.00 feet; thence North 89°09'56" West 204.29 feet to the
West line of said Tract B; thence North 01°17'35" East 177.30 feet to the Northwest comer of
said Tract B; thence South 89°04'55" East along said North line 202.87 feet to the point of
beginning.
Lot 2:
That portion of Tract "B" of City of Auburn Lot Line Adjustment No. LLA-5-87, as recorded
under Recording No. 8704220781, records of King County; Situate in King County, State of
Washington described as follows:
Commencing at the Northeast corner of said Tract B; thence South 00°50'04" West along the
East line of said Tract B a distance of 177.00 feet to the point of beginning; thence continuing
South 00°50'04" West along said East line 147.00 feet; thence North 89°09'56" West 205.47
feet to the West line of said Tract B; thence North 01 °17'35" East 147.00 feet; thence South
89'09'56" East 204.29 feet to the point of beginning.
Lot 3:
That portion of Tract "B" of City of Auburn Lot Line Adjustment No. LLA-5-87, as recorded
under Recording No. 8704220781, records of King County; Situate in King County, State of
Washington described as follows:
Commencing at the Northeast comer of said Tract B; thence South 00°50'04" West along the
East line of said Tract B as distance of 324.00 feet to the point of beginning; thence continuing
South 00°50'04" West 145.00 feet; thence North 89°09'56" West 212.02 feet to a point on the
arc of a curve to the left from which the center bears North 82°42'30" West 985.00 feet distant;
thence Northerly along said curve through a central angle of 5°59'55" on an arc length of 103.12
A-1
feet to a point of tangency; thence North 01°17'35" East 42.11 feet; thence South 89°09'56" East
205.47 feet to the point of beginning.
Lot 4:
That portion of Tract "B" of City of Auburn Lot Line Adjustment No. LLA-5-87, as recorded
under Recording No. 8704220781, records of King County; Situate in King County, State of
Washington described as follows:
Commencing at the Northeast comer of said Tract B; thence South 00°50'04" West along the
East line of said trace B a distance of 469.00 feet to the point of beginning; thence continuing
South 00°50'04" West along said East line 252.03 feet to the Southeast corner of said Tract B;
thence North 88°25'42" West 255.00 feet; thence North 01'34'18" East 54.22 feet to a point in
the are of a curve to the left from which the center bears North 71 °06'33" West 985.00 feet
distant; thence Northerly along said curve through a central angle of 1195'58" an are length of
199.41 feet; thence South 89°09'56" East 212.02 feet to the point of beginning.
A-2