Jump Start Parking access easement FinalRecording Requested by and When Recorded Return To:
City of Federal Way
Attn: Name/Dept.
33325 8th Ave S
Federal Way, WA 98003-6325
CITY OF FEDERAL WAY
DECLARATION OF
ACCESS AND PARKING EASEMENTS
Grantor (s): Warren J. Gilbert, Jr., Trustee of the Marilyn M. Gilbert Disclaimer Trust uwd 6/23/1992
Grantee(s): Gilbert Family Properties, L.L.C., Washington limited liability company
Property Legal Description (abbreviated): POR OF NW 1/4 OF NW 1/4 DAF BEG ON N LN OF SD SUBD 410.67 FT E FR NW COR THOF TH S 00-55-53 W 75 FT TH S 08-32-13 W 97.55 FT TO TPOB TH S 89-04-07
E 131.95 FT TH S 54-11-24 E 180 FT TO NWLY LN OF SW 320TH ST TH S 35-48-36 W ALG SD NWLY LN 271.18 FT TO POC TO RGT RAD 530.96 FT TH SWLY ALG SD CURVE THRU A C/A OF 07-46-10 72 FT TH
N 46-25-14 W 115 FT TH S 53-37-02 W 145 FT TH N 26-20-42 W 53 FT TH N 27-10-26 E 306.18 FT TH N 08-32-13 E 70.37 FT TO TPOB LESS BAAP ON NWLY MGN 320 ST AT BEG OF DESC 530.96 FT RAD
CURVE TH SWLY ALG SD MGN 48 FT TH N 46-25-14 W 66 FT TH N 99.67 FT TH E 118.23 FT TH S 54-11-24 E 30 FT TO NWLY MGN SW 320 ST TH SWLY ALG SD MGN 111 FT TO POB
Additional Legal Descriptions on Exhibit (A)
Assessor’s Tax Parcel ID#(s): Parcel 1: 132103-9073, Parcel 2: 132103-9067
Space above line for Recorder’s use only.
This Declaration of Parking Easements (“Declaration”) is executed as of the _ day of __________________ , 20 ____ , by Warren J. Gilbert, Jr., Trustee of the Marilyn M.
Owner of Parcel 1
Gilbert Disclaimer Trust uwd 6/23/1992 and by Gilbert Family Properties, L.L.C.
Owner of Parcel 2
Recitals
A. Declarants are the fee owners of two adjacent parcels of property, hereinafter referred to as Parcels 1 and 2. Said parcels are more particularly described on Exhibit A (attached
hereto and incorporated herein by this reference) and are individually referred to herein as Parcels 1 and 2 respectively, and collectively as the Parcels.
B. Parcel 1 has a currently existing parking lot and development improvements. Parcel 2 proposes development of a Jump Start Espresso building on Parcel 2 that will contain approximately
561 square feet of interior commercial space and 130 square feet of outdoor seating space for a total of 691 square feet of usable space, as depicted in Exhibit B. The parking standards
require the proposed development to provide a minimum of nine parking spaces. Parcel 2 will only provide four of the required nine parking spaces onsite. As part of the proposed development
of Parcel 2, five new parking spaces will be added to the parking lot of Parcel 1 (“Parking Facilities”), as further depicted in Exhibit B. The Parking Facilities are intended by Declarant
exclusively for the benefit of Parcel 2. The Parking Facilities will provide the remaining five parking spaces required to support the development on Parcel 2.
C. Declarants desire to establish herein a non-exclusive easement for vehicular parking and for vehicular and pedestrian access, ingress and egress upon and across the Parking Facilities
of Parcel 1 for the benefit of Parcel 2.
Now, therefore, for valuable consideration, receipt of which is hereby acknowledged, Declarant owner of Parcel 1 hereby establishes and will hereafter hold and convey title to Parcel
1 subject to the following covenants, conditions, easements, and restrictions:
1. Easements for Use of Parking Facilities
a) Establishment of Easements. Declarant Owner of Parcel 1 hereby grants, establishes and covenants to the Declarant Owner of Parcel 2 and its successors and assigns as fee Owners of
Parcel 2 together with the right and obligation to grant and transfer the same to future Owners (as defined below) of all or any portion of Parcel 1, an easement in, to, upon, and across
the Parking Facilities for the use by the Owner of Parcel 2 and their respective employees, tenants, subtenants, licensees, and other occupants (collectively, “Occupants”) and the customers,
guests, agents, and other invitees of such Owners and their Occupants (collectively, “Invitees”) for the following purposes:
i) Vehicular and pedestrian access, ingress, and egress upon and across the traffic circulation patterns established by Declarant on Parcel 1 and to and from any portions of the Parking
Facilities and the public streets adjacent to the Parcels; and
ii) Exclusive vehicular parking within the Parking Facilities, subject to the restrictions and limitations set forth in subparagraphs b and c below.
b) Use by Owner. The easement right granted under 1.a.ii above shall be exclusively for the benefit of Parcel 2. The other easement rights granted hereinabove are non-exclusive and
shall be used in common by the Owners and their Occupants and Invitees. Declarant Owner of Parcel 1 and its successors and Owner of Parcel 1, shall have the right, subject to the prior
written approval of the City (which shall not be required for public or quasi-public utility easements granted in compliance with Paragraph 4 hereof), to grant other vehicular access,
ingress, and egress easements across and upon the Parcel(s) owned by such Owner, including, without limitation, portions of Parcel 1 containing the Parking Facilities, for the benefit
of property adjacent to the Parcel, provided that such easements shall not include vehicular parking rights, nor shall such easements reduce the existing number of parking spaces or
impair, prevent, or restrict the unimpeded flow of traffic within the Parking Facilities or access to any parking space in the Parking Facilities or otherwise materially and adversely
interfere with the easement rights granted hereunder.
c) Parking Restrictions. The Parking Facilities shall be designated for reserved parking for Parcel 2.
d) Owner Defined. Every grantee, successor, or assignee or Declarants or any other fee owner of any portion of Parcel 1, who at any time becomes a fee owner of any portion of Parcel
1 upon which the Parking Facilities are located shall, upon acceptance of a deed or other instrument vesting fee title to all or any portion of the Parcel, be deemed an “Owner” hereunder
and, subject to Paragraph 3 hereof, shall be conclusively presumed to have taken its ownership interest subject to and assumed all of the obligations and burdens of an Owner set forth
in this Declaration.
2. Dominant and Servient Tenements
The easement in favor of Parcel 2 to use the Parking Facilities located on Parcel 1 is appurtenant to Parcel 2 and, as such, Parcel 2 is the dominant tenement and Parcel 1 is the servient
tenement.
3. Declaration to Run with the Parcels; Duration
Each and all of the covenants, conditions, limitations, easements, right, and restrictions contained herein shall be construed to touch and concern the land and will run with and bind
each Parcel, shall be for the benefit of each of the Parcels, shall be binding upon each Owner of the Parcels and the respective successors, assigns, heirs, and personal representatives
of such Owners (but only during the time period said persons or entities hold fee title to such parcels), and all benefits deriving therefrom shall inure to the benefit of and be enforceable
by the Owners of the Parcels benefitted hereby and the respective successors, assigns, heirs, and personal representatives of such Owners. Each such covenant, condition, restriction,
and easement imposed upon the Parcels, or any portion thereof, shall constitute an equitable servitude in favor of the other Parcel benefitted thereby. Each and all of the covenants,
conditions, limitations, easements, rights, and restrictions contained herein shall run with and bind the Parcels and shall be and remain in effect for a term of ten years from the date
this Declaration is recorded; provided, that the provisions of the Declaration shall automatically extend thereafter for consecutive periods of ten years each unless at any time after
the commencement of an extension period, the Owners of the Parcels unanimously execute and record a termination agreement terminating the provisions of this Declaration in accordance
with Paragraph 10.
4. Alterations Affecting the Parking Facilities
Unless consented to in writing by the other Owner and the City, which consents shall not be unreasonably withheld or delayed, neither Owner shall alter or remove all or any portion of
the Parking Facilities, construct any additional improvements on such Owner’s Parcel, alter or expand the improvements initially constructed on such Owner’s Parcel, grant easements over
such Owner’s Parcel or otherwise alter the use of such Owners’ Parcel in any manner which would (a) reduce the number or size of parking spaces currently provided within the Parking
Facilities; (b) change the configuration of the Parking Facilities or alter or remove the existing access driveways as shown on Exhibit B; (c) alter or impede the traffic circulation
patterns established by Declarants on the Parcels; or (d) impair, prevent, or restrict the unimpeded flow of traffic and the availability of and access to parking spaces within the Parking
Facilities. Provided an Owner is in compliance with the foregoing sentence and, if applicable, Paragraph 1(b) hereof, nothing contained in this Declaration shall prohibit any Owner from
improving its Parcel and/or from granting easements or other rights over its Parcel (including any portion of the Parking Facilities located thereon) for any lawful purpose, including,
without limitation, the expansion of the building and the installation, maintenance, and repair of utilities on such Parcel. Any improvements to a Parcel by an Owner shall be undertaken
in a manner so as to minimize to the extent practicable, any interference with the easement rights granted hereunder.
5. Compliance with Law
Each Owner shall comply with all applicable laws, ordinances, rules, regulations, and requirements of governmental authorities having jurisdiction over the Parking Facilities and/or
the use thereof by such Owner or any Occupant or Invitee of such Owner, and shall comply with the CC&R’s and all public and private easements and restrictive covenants affecting the
Parking Facilities.
6. Effect of Breach
No breach, whether or not material, of the provisions of this Declaration shall entitle either Owner to cancel, rescind, or otherwise terminate this Declaration, but such limitations
shall not affect, in any manner, any other rights or remedies which either Owner may have hereunder, at law or in equity by reason of any breach of the provisions hereof, including,
without limitation, the right to collect damages or to compel specific performance. The remedies provided for in this Declaration shall, to the maximum extent permitted by law, be cumulative
and in addition to any rights or remedies of the parties at law or in equity.
7. General Provisions
a) Any provisions of this Declaration which shall prove to be invalid, void, or illegal, shall in no way affect, impair, or invalidate any other provisions hereof and such other provisions
shall remain in full force and effect.
b) Time is of the essence.
c) This Declaration shall be construed in accordance with and governed by the laws of the State of Washington.
d) This Declaration may be executed in any number of counterparts, each of which shall be deemed an original, but all such counterparts together shall constitute one agreement.
e) In the event any action is instituted with respect to the subject matter of this Declaration, the party prevailing in such action, whether by final judgement or out-of-court settlement,
shall be entitled to recover from the other party thereto actual attorneys’ fees and costs of such suit.
f) Failure by any Owner to enforce any covenant, condition, easement, or restriction contained herein or in any certain instance or on any particular occasion shall not be deemed to
be a waiver of such right on any such future breach of the same or any other covenant, condition, easement, or restriction.
g) The provisions of this Declaration shall be liberally construed to affect its purpose; the section headings have been inserted for convenience only and shall not be considered or
referred to in resolving questions of interpretation or construction.
8. Dedications
The provisions of this Declaration shall not be deemed to constitute a dedication for public use nor create any rights in favor of the general public.
9. Amendments
This Declaration may not be modified in any respect whatsoever, or terminated, in whole or in part, except by written instrument executed by the Owners and the First Mortgagee(s) of
each of the Parcels (if any) and recorded in the Official Records of the County Recorder of King County, Washington. In addition, in the event the Owners elect to terminate this Declaration
or modify any of Paragraphs 1, 3, 4, 6, or 9 hereof, such termination and/or modification shall be conditioned upon the prior written approval of the City of Federal Way, which shall
not be unreasonably withheld or delayed. The City agrees to exercise reasonable efforts to approve (or disapprove with explanation) any such proposed termination or modification within
30 days following receipt of written notice thereof together with proposed documentation evidencing such termination.
In addition to other prerequisites to termination set forth herein, prior to termination of this Agreement, the Owner of Parcel 2 shall: (a) provide suitable off-street accessory parking
at a different location authorized by the City of Federal Way pursuant to a Parking Easement and Maintenance Declaration and Agreement to replace the parking and access provided herein;
or (b) obtain a variance; or (c) terminate the use of the property requiring the parking and access provided herein. The Owner shall provide at least thirty (30) days written notice
to the other owner and the City of Federal Way prior to terminating this Agreement and/or exercising any of the three options provided in this paragraph.
In witness whereof, the Declarant has executed this Declaration as of the date hereinabove set forth.
Owners of Parcel 1: Owners of Parcel 2:
Warren J. Gilbert, Jr., Trustee of the Marilyn M. Gilbert Disclaimer Trust uwd 6/23/1992 Gilbert Family Properties, L.L.C., Washington limited liability company
__________________ ___________________
STATE OF WASHINGTON )
) ss.
COUNTY OF )
On this day personally appeared before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, Warren J. Gilbert, to me known to be, or
proven to be, the trustee of Warren J. Gilbert, Jr. Trustee of the Marilyn M. Gilbert Disclaimer Trust uwd 6/23/1992, who executed the foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument
and that the seal affixed, if any, is the corporate seal of said corporation.
GIVEN my hand and official seal this _____day of ________________, 20____.
__________________________________________
(notary signature)
________________________________________
(typed/printed name of notary)
Notary Public in and for the State of Washington
My commission expires: ___________________
STATE OF WASHINGTON )
) ss.
COUNTY OF )
On this day personally appeared before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn __________________________, to me known to
be, or proven to be, the ___________________ of Gilbert Family Properties, L.L.C., the corporation that executed the foregoing instrument, and acknowledged the said instrument to be
the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the
seal affixed, if any, is the corporate seal of said corporation.
GIVEN my hand and official seal this _____day of ________________, 20____.
__________________________________________
(notary signature)
_________________________________________
(typed/printed name of notary)
Notary Public in and for the State of Washington
My commission expires: ___________________
Agreed to and accepted by the City of Federal Way this __ Day of __________ , 20__.
By:
Its:
Subscribed to and sworn before me this Day of ----------------------------- , 20 .
____________________________________
Notary Public in and for said State of Washington
residing at : .
My commission expires .
G:\LAWFORMS\PARKING 1Rev. 01/15
EXHIBIT "A"
Legal Description
For APN/Parcel ID(s): 132103-9073
That portion of the Northwest quarter of the Northwest quarter of Section 13, Township 21 North, Range 3 East, Willamette Meridian, in King County, Washington, described as follows:
Commencing at the northwest corner of said section;
Thence South 89°04'07" East along the north line of said section 410.67 feet;
Thence South 0°55'53" West 75.00 feet;
Thence South 8°32'13" West 97.55 feet to the true point of beginning;
Thence South 89°04'07" East 131.95 feet;
Thence South 54°11'24" East 180.00 feet to the northwesterly margin of Southwest 320th Street, as now established 84.00 feet in width;
Thence South 35°48'36" West along said street margin 271.18 feet to the beginning of a curve to the right with a radius of 530.96 feet;
Thence southwesterly along said curve through a central angle of 7°46'10" an arc distance of 72.00 feet;
Thence North 46°25'14" West 115.00 feet;
Thence South 53°37'02" West 145.00 feet;
Thence North 26°20'42" West 53.00 feet;
Thence North 27°10'26" East 306.18 feet;
Thence North 8°32'13" East 70.37 feet to the point of beginning;
Except that portion thereof described as follows:
Beginning at a point on the northwesterly margin of Southwest 320th Street at the beginning of the above described 530.96 feet a radius curve;
Thence southwesterly along said curve through a central angle of 5°10'43" an arc distance of 48.00 feet;
Thence North 46°25'14” West 66.00 feet;
Thence North 99.67 feet;
Thence East 118.23 feet;
Thence South 54°11’24" East 30.00 feet to said northwesterly margin of Southwest 320th Street;
Thence South 35°48'36" West 111.00 feet along said margin to the true point of beginning.
Legal Description
For APN/Parcel ID(s): 132103-9067
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 21 NORTH, RANGE 3 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING ON THE NORTH LINE OF SAID SUBDIVISION, 868.80 FEET EAST OF THE NORTHWEST CORNER THEREOF;
THENCE SOUTH 35°48'36" WEST 605.96 FEET TO A POINT OF CURVATURE;
THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 530.96 FOOT RADIUS, THROUGH AN ANGLE OF 07°46'10", AN ARC DISTANCE OF 72 FEET TO THE TRUE POINT OF BEGINNING;
THENCE, CONTINUING ALONG SAID CURVE, THROUGH AN ANGLE OF 20°04'32", AN ARC DISTANCE OF 186.04 FEET;
THENCE NORTH 26°20'42" WEST 115 FEET;
THENCE NORTH 53°37'02" EAST 145 FEET;
THENCE SOUTH 46°25'14" EAST 115 FEET TO THE TRUE POINT OF BEGINNING.
EXHIBIT "B"
Parking Facilities
7