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Coast Storage Co. v. Schwartz

351 P.2d 520, 55 Wash. 2d 848, 1960 Wash. LEXIS 580
CourtWashington Supreme Court
DecidedApril 7, 1960
Docket35101
StatusPublished
Cited by23 cases

This text of 351 P.2d 520 (Coast Storage Co. v. Schwartz) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Coast Storage Co. v. Schwartz, 351 P.2d 520, 55 Wash. 2d 848, 1960 Wash. LEXIS 580 (Wash. 1960).

Opinion

Foster, J.

Appellants, plaintiffs below, brought suit to quiet title to real property against the respondents and cross-appellants, defendants below. 2 The judgment granted the relief sought by each party. Plaintiffs appeal from the relief granted the defendants who cross-appeal from the relief granted the plaintiffs.

The dispute concerns easements created by deeds of record. The entire parcel, which includes tracts 57, 58, 60, 61 *849 and 66 of Moore’s five-acre tracts, a platted subdivision in King county, Washington, was all originally owned by N. C. Jannsen, the common grantor of both parties. The property is shown on diagram No. 2. 3

In October, 1949, Jannsen sold to the Golden Bear Oil Company portions of tracts 57 and 61, marked “Barkow” on diagram No. 2, and colored pink. Jannsen’s deed to Golden Bear granted it an easement, for road purposes, twenty-four feet wide across Jannsen’s tract 66, east to East Marginal way, as shown upon diagram No. 2, colored red. The same deed reserved to Jannsen, for road purposes, a strip twelve feet wide across the northerly boundary of the property conveyed to the Golden Bear Oil Company (marked “Barkow” on diagram No. 2).

In 1955, Jannsen having died, his executor conveyed to the plaintiffs the remaining portions of tracts 57, 58, 60 and 61, lying west and north of the property conveyed to the Golden Bear Oil Company in 1949, and marked “Coast Storage” on diagram No. 3, and colored blue. The deed to Coast Storage Company granted it the right to construct a railway spur across Jannsen’s remaining parcel, tract 66, and provided that, in such event, a new roadway was to follow the railway spur. It was further provided that if Coast Storage Company did not exercise such option within the period specified, Jannsen reserved the right to relocate the existing roadway easement along the southern boundary of tract 66, which he still owned.

Eleven months later, Jannsen’s executor conveyed to the defendants Schwartz the balance of Jannsen’s land described as tract 66, marked “Schwartz” on diagram No. 4, and colored green. The deed to the defendants Schwartz was specifically subjected to the easement over tract 66 granted by deed to the Golden Bear Oil Company in 1949. By quitclaim deed, dated July 23, 1957, Jannsen’s executor conveyed to the defendants Schwartz Jannsen’s interest in the twelve foot easement reserved by Jannsen along the

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Bluebook (online)
351 P.2d 520, 55 Wash. 2d 848, 1960 Wash. LEXIS 580, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coast-storage-co-v-schwartz-wash-1960.