HomeMy WebLinkAbout20141017000900 DECLARATION OF PRIVATE WALL EASEMENT AGR 10/17/2014 (3) cb4. o1-1-21- oS
After Recording Return To: CONFORMED COPY
Lakeridge Development I, LLC
601+- « 6 20141017000898
(2&N7 0 ti 1^/ A i 90S1 LRKERIDGE DEVE ERS 74.00
PAGE-001/17�2014F 10:59
Attn: W,4"/".-' ,1 d ti G�
DOCUMENT TITLE Declaration of Private Wall Easement Agreement
REFERENCE NO. OF N/A
DOCUMENTS ASSIGNED/
RELEASED
GRANTOR Lakeridge Development I,LLC
GRANTEE Lakeridge Development I, LLC
LEGAL DESCRIPTION Lots L and 3 of Alicia Glenn, King.County AFN
#20140730000246
•
ASSESSOR'S PARCEL NO. 0 1 2- gg0C,02-0 - 0 12 ?600030
DECLARATION OF•PRIVATE WALL EASEMENT AGREEMENT
This Declaration of Private Wall Easement Agreement("Agreement")is made effective this
I7day of October,2014, by Lakeridge Development I, LLC,a Washington limited liability company
("Lakeridge").
A. Lakeridge is the owner of lot„Land lot 3(collectively, the "Lots")in the subdivision
of Alicia Glenn, according to the plat recorded on July 30, 2014, under King County recording no.
20140730000246, King County, Washington.
B. The Lots are adjoining with a common boundary and mechanically stabilized earth
retaining wall structure("Retaining Wall System")has been constructed or have been proposed to be
constructed at the common boundary between the Lots.
C. Lakeridge wishes to reserve and establish an easement on the Lots, to benefit the
owner(s)and future owner(s) of the Lots, for the maintenance, repair and replacement of the Retaining
Wall System, on the terms and conditions set forth below. -
NOW,THEREFORE, Lakeridge hereby reserves and establishes a reciprocal easement on the
Lots, subject to the terms and conditions contained in this Agreement.
1. Reservation and Purpose of Easement. The owner(s)of the Lots, and their authorized
•agents or contractors,shall have a perpetual, non-exclusive easement over a 5 foot strip of land along
either side of the common boundary of the Lots ("Wall Easement Area") to repair and maintain the
Retaining Wall System. The owner(s) of each of the Lots reserves the right to use the portion of the Wall
Easement Area that is located on their lot for any purpose that is not inconsistent with the continued
operation of the Retaining Wall System.
2. Maintenance and Repair. It is in the best interest of the owners of the Lots, that the
Retaining Wall System remain in place and in good repair. Therefore, the owner(s) of the Lots shall be
jointly responsible for the maintenance,repair, and replacement of the Retaining Wall System.
3. Duality of Work of Improvements. All construction and installation of improvements
within the Wall Easement Area and the operation and maintenance thereof shall be performed (a)in
accordance with applicable laws, regulations and permits, (b) in a lien-free, professional and safe manner,
and (c) with due diligence at reasonable times and in a reasonable manner to minimize interference with
other uses on the Lots. Immediately upon completion of any work within the Wall Easement Area, the
person(s)performing and causing the work to be performed shall restore any disturbed area to
substantially the same condition as existing before the work.
4. Successors and Assigns. The benefits and burdens of this Agreement shall be binding
upon and inure to the benefit of the owner(s)of the Lots and their respective successor owners and
assigns and shall run as covenants with the land.
5. Amendment. This Agreement shall not be modified, amended or terminated except by
written instrument signed by the record owners of the Lots.
6. No Merger. This Agreement shall not be extinguished by operation of law in the event
that title to both of the Lots are or become vested in the same party.
7. Attorney Fees and Costs In the event either of the Lot owner(s)retains an attorney to
enforce the provisions or the terms of this Agreement, the prevailing party shall be entitled to
reimbursement for its attorney fees and costs incurred, whether or not said fees and costs are incurred in
arbitration,litigation, mediation, declaratory action, bankruptcy, pre- or post-judgment or otherwise.
[SIGNATURE ON FOLLOWING PAGE]
GRANTOR:
Lakeridge Development I, LLC,
a Washington limited liability company
ft—,a 111I 1
By: • ,
Its: A. 1 tomh -fA
STATE OF WASHINGTON )
) ss.
COUNTY OF 141'h gj )
I do hereby certify that talitiII aN Wayne Jetael �Y. , personally known to me to be the
Ina tla52 V of Lakeridge Development!,LLC, a Washington limited liability company that
executed the within and foregoing instrument, and acknowledged said instrument to be the free and
voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated
that he is authorized to execute said instrument.
GIVEN under my hand and official seal this /?tt'day of 0C1-- y*r, 2014?
utw 111111//
sslo�'FgtiG�' Print Name 472/n j klei n
'a NOTARY N. _ NOTARY PUBLIKin and for the State of Washington; residing
en = at: 7.4$0 pcd7
PUBLIC My commission expires: o6/fq/2-of cr
•
NAl' 0
6 )G 20`0 G'`o�'\\
WASN?\\\\`‘
I