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HomeMy WebLinkAbout1989 - Easement - Ivy Hills Associates - 8912040638MtiIa Ro EASEMENT WITNESSETH: Ivy Hills Associates Limited PartnerBhig Grantor, as a donation and for no other consideration, does by these presents grant unto the Grantee, the City of Tukwila, a municipal corporation, a perpetual right -of -way easement for sanitary sewerage system with the necessary appurtenances through, over and across the property described on Attachment A which property is situated in King County, Washington. Grantee shall have the right, without prior institution of any suit or proceeding at law, at times as may be necessary, to enter upon said property, for the purpose of constructing, repairing, altering or reconstructing said sewerage systems or making any connections therefore; provided that such constructing, repairing, altering or reconstructing of said sewerage systems shall be accomplished in such a manner that the private improvements existing in this right -of -way shall not be disturbed or destroyed, or in the event they are disturbed or destroyed, they will be replaced in as good a condition as they were immediately before the property was entered upon by the Grantee. The Grantor shall retain the right to use said easement, so long as said use does not interfere with the installation and maintenance of the sewerage systems and so long as no permanent buildings, structures or improvements are placed on said easement, except for retaining walls, rockeries, utilities, and v4 fences existing prior to granting said easement. Gil This easement shall be a covenant running with the land and shall be binding on the successors, heirs and assigns of the Grantor hereto. Executed by the Grantor on October 4, 1989. EXCISE TAX NOT REQUIRED Executed by the Grantee on 1989. Co. Records Division BY Deputy GRANTEE: CITY OF T I-LA G R SAN bUSEN, MAl'0 ATTEST /AUTHENTICATED: A I 'E A N DERSON C TY CLERK GRANTOR: IVY HILLS ASSOCIATES LIMITED PARTNERSHIP D 7�p a J. B. AC SITIGNS, INC. BY neral Part PAC F C FEDER FEDER SAVINGS BANK 1 r By 'f, e� TITLE Vice President APPROVED AS TO FORM: 89/12 #0638 E RECD F 7.00 RE =CFEE 2. CCr CASHSL 00 0 CE THE CIT ATT'NEY 55 Pacific First Federal Savings Bank is signing this Agreement to acknowledge that its Deed of Trust dated February 9, 1988 and recorded under King County Auditor Recording No. 8803091130 is subordinate to this Easement Agreement. GRANTEES City STATEMENT OF WASHINGTON SS. COUNTY OF I certify that I know or have satisfactory evidence that Gary L. Van Dusen and Maxine Anderson signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the Mayor and City Clerk of THE CITY OF TUKWILA to be the free and voluntary act of such party for the uses and purposes n jgjjj in the instrument. ��.ONIS Cq� NOTARY PUBUG WAn GRANTORS Corporate STATEMENT OF WASHINGTON SS. COUNTY OF KING Dated a 7 /l V,g nat re of Notary P is T5t1e X�g 4 My appointment eTpires -5F_9- 93 cert fy that I know or have satisfactory evidence that jo e-a Pucker signed this instrument, on oath stated that U were %s authorized to execute the instrument and acknowledged it as the `J ice IC Of DT8. AC41A S;ft0a1Tne• J Pari�r"c Prs'� Fedrral t0 �e free a o untary act of such party'for the uses and purposes mentioned in t the instrument. %leP �G ty p�P AA Z Dated �o r� D i g 1 0., of�lotary Pub. i c Titl h A,6 ilSs .s'rC My appointment expires' C3 tr r CZ zz C= r� Ri r 0 6 EXHIBIT A "SANITARY SEWERAGE SYSTEM" G� q �1 Q0 That portion of the Stephen Foster Donation Claim No. 38 in the SW 1/4 of Section 14, Township 23 N., Range 4 E., W.M. in the City of Tukwila, King County, Washington described as follows: Beginning at the intersection of the Southerly line of S. 137th Street (formerly Lemon Road) produced N 74 48' 20" E, and the Northeasterly line of 56th Avenue S. (formerly Lemon Road); thence N 74 48' 20" E along said Southerly line of S. 137th Street (formerly Lemon Road) produced 305.20 feet, to the Southwesterly right -of -way line of Inter- urban Avenue S.; thence S 43 41' 38" E along said right -of -way line 369.00 feet to the true point of beginning of this description; thence continuing S 43 41' 38" E for 46.00 feet to a point; thence S 65 11' 33" W for 20.08 feet; thence S 79 19' 49" W for 11.93 feet; thence S 72 51' 57" W for a distance of 38.97 feet; thence S 69 13' 39" W for 213.19 feet, more or less, to a point on the Northeasterly right -of -way line of 56th Avenue South (formerly Lemon Road); thence N 44 43' 07" W along said right -of -way line for a distance of 10.93 feet; thence N 69 13' 39" E for 217.14 feet; thence N 64 45' 22" E for 31.01 feet; thence N 40 53' 20" W a distance of 14.04 feet; thence N 42 34' 39" E for a distance of 30.38 feet, more or less, to the true point of beginning.