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HomeMy WebLinkAbout1979 - Road and Utility Easement - Huntington James / Lee Robert - 7910240948 7910240948 PLEASE RETURN 1'O OMAR S. PARKER, JR. 1900 WASHINGTON BUILDING SEATTLE, WA X3101 ROAD AND UTILITY EASEMENT For and in consideration of the prompt and faithful obser- vance of the terms and conditions hereinafter set forth, and other valuable consideration, receipt of which is hereby acknowledged, JAMES S. HUNTINGTON and HELEN DIANE HUNTINGTON, husband and wife (hereinafter referred to as "Grantor "), hereby convey and quitclaim to Robert E. Lee and Evelyn Lee, husband and wife (hereinafter referred to as "Lee ") and King County Housing Authority, a municipal corporation (hereinafter referred to as "Housing Authority "), as the present owners of the property described on Exhibit H referred to below, their successors and assigns (Lee and Housing Authority are herein- after collectively referred to as "Grantee "), a perpetual non- exclusive easement to use the property described on Exhibit A attached hereto and by this reference incorporated herein (hereinafter referred to as "the Easeuent Property "), including any interest therein which Grantor may hereafter acquire. The easement and rights granted herein are subject to the following terms and conditionss 1. The sole and exclusive purposes, for which Grantee may exercise this easement and the rights 'herein granted, are for the installation, operation and maintenance of underground and overhead utilities including, without limitation thereto, a storm sewer for the benefit of, and for pedestrian and vehicu- lar ingress to and egress from, the property described on Exhi- bit H attached beret° and by this reference incorporated herein (hereinafter referred to as "Grantee's Property "). 2. Grantor hereby reserves all rights in and to the Ease ment Property not expressly granted to Grantee herein includ- ing, without limiting the foregoing, the right at all times and IS EXCISE TAX NOT REQUtf:O King Co. Records Divis■an 10 - °� Y ,#-: . , oeputM for all purposes to use the Easement Property and to go upon, along and across, and cross and recross the Easement Property, and to construct, reconstruct, operate and maintain thereon such roads, utility facilities and other improvements as Grantor shall, in its sole and exclusive judgment, deem appro- priate, and to grant to others nonexclusive use of the Easement Property and any other rights herein .reserved; provided, how- ever, Grantor's use of the Easement Property or Grantor's exer- cise of the rights herein reserved shall not unreasonably interfere with use of the road by Grantee or Grantee's exercise of the rights herein granted. 3. Lee, Huntington and Housing Authority shall each bear its own expenses of constructing, reconstructing, operating and maintaining such roads, utility facilities and other improve- ments as are authorized by this instrument and used exclusively by such party; provided, however, any such expenses relating to any roads, utility facilities or improvements used in common by any of the parties hereto shall be borne equally by the parties using the same; provided further, however, P&L Company, a part- nership and current lessee from Lee of property adjacent to the Easement Property hereby agrees by executing this instrument in the space provided below to, at its own expense, construct a road in the location described in Exhibit A attached hereto and, by this reference, made a part hereof, and after the com- pletion of construction of the road, P&L Company shall, during the term of its lease at its own cost and expense, thereafter 6414 01,6 y maintain said road. Such road may be used by Grantee, —ito invitees, successors and assigns for ingress to and egress from the properties described on Exhibit 8 attached hereto. -2- 092179/7/S837A 4. The rights and obligations contained herein shall run with the properties described on Exhibit A and Exhibit D attached hereto and shall benefit and burden the .same as well as the owners thereof, their successors and assigns. IN WITNESS. WHEREOF, Grantor has caused this easement to be executed this / day of ^. + , 1979. P&L COMPANY By STATE OF WASHINGTON ) ) se. COUNTY OF • sep ync enera •artner On this ?!'day of e- .�.t- -�^- 19 7 5, before me, a Notary Public in and for the tate of Washin ton duly , my commissioned and sworn, personally appeared J n and -Helen Diane Huntington, husband and wife, to me known to be the individuals who executed the within and foregoing instru- ment and acknowledged the said instrument to be their free and voluntary act and deed, for the uses and purpoiea_,_therein ••-- -•-- mentioned. GIVEN UNDER my hand and official seal the day and y.ar . i•n this certificate above written. I • • ,� ;,, , • . ,,, ....... , 1 , , a . I1O ?ARY num in and for r , t St to of Washington, residing at • 092179/7/8837A STATE OF WASHINGTON ) ) ss. COUNTY OF On this 2 day of , 192i, before me, the undersigned, a Notary Publ c in an for the State of Washing- ton, duly commissioned and sworn, personally appeared JOSEPH W. LYNCH, tome known to be the General Partner of P&L COMPANY who executed the within and foregoing instrument, a k16w q4ge4' the said instrument to be his free and voluntary act'and deed,''- as General Partner, for the uses and purposes the r ein (dentloted. O' WITNESS my hand and official seal. the day and ye8r' iih, thls�• CD certificate above written. •, t? N O STATE OF WASHINGTON COUNTY OF KING TARY =' BLIC n an Washin on, residing a ) ) SS On this day personally appeared before me JAMES S. HUNTINGTON to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposds therein mentioned. GIVEN under my hand and official seal this 57 day of September, 1979. NOTARY PUBLIC n and for the State of Washington residing at tate of '092179/7/S837A r EXHIBIT A • All of Grantor's right, title and interest in and to: That portion of Macadam Road, as located by King County Survey, Number 639 "a ", lying Westerly of a line perpendicular to the Northwesterly margin of said Macadam Road at its intersection with the Westerly line of that portion of the William H. Gilliam Donation Claim Number 40, in Township 23 North, Range 4 East, W.M., as conveyed to H. Wayne Anderson and Ardeth Anderson, his wife, by deed recorded under Auditors File Number 5845225, and lying North of the Northerly margin of the Renton -Three Tree Point Road•Number 2649. • Lee's Property EXHIBIT B That portion of William H. Gilliam donation land claim No. 40 in Township 23 North, Range 4 East, W.M., described as follows: Beginning 1,336.78 feet West and 1,501.5 feet North Southeast Corner of Section 23.23.4 then East 250 feet, then South 325.5 feet to North line of County Road 0622 then Westerly along said Northerly line to point South of beginning then North to begin- ning, less County Road. Situate in the County of King, State of Washington. Housing Authority Property Ttt; • . 11••.:. •r '.:•46 7►.. I. 4t131ma. 0•.Mtt11 C1••• se. •M, to tr•,nrt :1 :..t ••t.•• 4 Met, •V. L'. , tw llar 344111), St.a111r..tO1, .0:Orll ..• •r. • t• 1 •.•e o tiV:•.t.:t 1, •t • ,111.4 M t•.• ta•t•r 11M of IIt* 1•atow -T: re* 1•41t.t t'M: Mort:' hoot► at 114 tat IM •1th tM *met 1!t.. -[ '•.111•.1. 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