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HomeMy WebLinkAbout2008 - Mutual Easement for Ingress, Egress and Utilities - Talbot / Meyers / Lucker - 2008021900145720080219001457 Grantor(s): Yvonne Talbot, Patti S. Meyers, Salli Lucker, Christopher Lucker and Craig N. Lucker, each as to an undivided interest Grantee(s): Yvonne Talbot, Patti S. Meyers, Salli Lucker, Christopher Lucker and Craig N. Lucker, each as to an undivided interest. Abbreviated Legal Description: Lots 20 and 21, Block 4, Hillman's Meadow Gardens Division No. 1, according to the plat thereof recorded in Volume 12 of Plats, page(s) 64, records of King County, Washington. Assessor's Property Tax Parcel or Account Number: 3347400825 Reference Numbers of Documents Assigned or Released: N/A WHEN RECORDED RETURN TO: Wilson & Neal, PLLC 945 N Central, Suite 104 Kent, WA 98004 Tax Parcel No. 334740 -0825. • RECITALS AGREEMENT 1 of 4 RECEIVED APR 0 9 1008 WILSON & NEAL EAS 48.00 PAGE001 OF 008 02/18/2008 12:48 KING COUNTY, WA MUTUAL EASEMENT FOR INGRESS, EGRESS, AND UTELITIES 9 For a valuable consideration, receipt of which is hereby atmowledged, this MUTUAL EASEMENT FOR INGRESS, EGRESS, and UTILITIES is entered into this ! — day of F-c•l--- , 2008, by and between the undersigned Grantors and Grantees, for themselves, their heirs, successors, executors, administrators, and assigns. A. Yvonne Talbot, Patti S. Meyers, Salli Lucker, Christopher Lucker and Craig N. Lucker, each as to an undivided interest, own certain real property situated in King County, Washington. Said property, referred to as Parcel "A ", is located at 120XX 44 Place S, Tukwila, Washington, and is legally described as: Lots 20 and 21, Block 4, Hillman's Meadow Gardens Division No. 1, according to the plat thereof recorded in Volume 12 of Plats, page(s) 64, records of King County, Washington. EXC.;)S1 1M NOT REQUIRED ling Co. Rec or s Division Dap* • • WHEREAS, the Grantors are developing their property per City of Tukwila Boundary Line Adjustment No. L07-048, and the development thereof requires the granting of mutual benefits of ingress, egress, and utilities to each parcel in the development NOW, THEREFORE, in consideration of the mutual benefits that the parties will receive from this agreement and the mutual performance of the covets, terms, and conditions herein, the Grantors mutually agree as follows: 1. Easement for Ingress, Egress and Utilities. Grantors hereby grant and convey to Grantees, for the benefit of the Grantees, their personal representatives, heirs, successors and assigns, a perpetual, non- exclusive ingress, egress, and utility easement over and across the property described as follows: A portion of Lot 21, Block 4, Hillman's Meadow Gardens Division No.1, according to the plat thereof recorded in. Volume 12 of Plats, page(s) 64, records of King County, Washington, described as follows: Beginning at the Southwesterly corner of said Lot 21; Thence North 40°32'44" West, along the Northeasterly margin of 44 Place S, a distance of 22.00 feet; Thence North 49°27'16" East, parallel with the Southerly line of said Lot 21, a distance of 125.00 feet; Thence South 40°32'44" East, a distance of 22.00 feet to the Southerly line of said Lot 21; Thence South 49°27'16" West, along the Southerly line of said Lot 21, a distance of 125.00 feet to the Southwesterly corner of said Lot 21 and the point of beginning. 2. Rights Under Mutual Easement for Ingress, Egress, and Utilities. The Grantees shall have the right to use and occupy the easement area for vehicular and pedestrian ingress, egress, and circulation to and from Lot B of said Boundary Line Adjustment, as well as installation and maintenance of utilities. Grantees shall have the right to use and occupy the easement area for construction access to and from Lot B. 3. Maintenance and Improvement of Easement. Grantees shall be solely responsible for the maintenance of any landscaping within said easement Any repairs or improvements to the Easement area that any individual Grantee undertakes shall be at that individual Grantee's own cost and expense. 4. No Modification of Previous Easements. The Parties intend and agree that nothing contained herein shall nullify any existing easements, and said easements remain in full force and effect except as modified by this document. 5. Indemnity. Grantees shall indemnify, defend and hold harmless Grantors and their agents and employees from and against any expenses, damages, claims or liabilities arising from physical damage to persons or property caused by the exercise of any of the rights of Grantees granted by this Easement Grantors shall indemnify, defend and hold harmless Grantees and their agents and employees from and against any expenses, damages, claims or liabilities as a result of Grantors' or any third party's past, present or future interference with Grantees' rights granted hereunder or use of the Easement Area. 6. Binding Effect. The covenants, terms, conditions, and restrictions of this Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective personal representatives, heirs, successors and assigns and shall run with the land. All firt re owners and occupants shall have the same right to enforce the covenants, terms, conditions, and restrictions as the original parties to this document. 7. Attorneys' Fees. In any proceeding brought to enforce this Easement or to determine the rights of the Parties under this Easement, the prevailing party shall be entitled to collect, in addition to any judgment awarded by a court, a reasonable sum as attorneys' fees, and all costs and expenses incurred in connection with such a lawsuit, including attorneys' fees, expenses of litigation, and costs of appeal. For purposes of this Easement, the prevailing party shall be that party in whose favor final judgment is rendered or who substantially prevails, if both Parties are awarded judgment. The term "proceeding" shall mean and include arbitration, administrative, bankruptcy, and judicial proceedings including appeals. 2 of 4 • 8. Severability. The invalidity or =enforceability of any term or provision hereof shall not affect the validity or enforceability of any other term or provision in this Easement. EXECUTED as of the day and year first above written. GRANTORS: Yvo�� Talbot /1f' Patti S. Meyers Christo Craig N. ucker <Notary Page to Follow> 3 of 4 STATE OF WASHINGTON ) COUNTY OF KING ) C OUNTY OF KING ss. On this day personally appeared before me STATE OF WASHINGTON On this day personally appeared before me 6145111A . GAGVE� Gent/ lmlon • 1675649 Noisy 1 • C llomie 101 NOW County 59/Ceillniklinclun 16. al / s liteyee5 tome known to be the individuals) described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as a free and voluntary act and deed, for the uses and purposes therein motioned ven under myranc7E d seal of office 4 O day of ROW ■ r ) 1 Sta �W f TINE I. BAILEY N cmand My Appointment Expires Oct 11.2008 I residing at Printed Name: �11 My Commission Expires: /©' / / i STATE OF WASHINGTON ) ) s s . COUNTY OF KING ) On this day personally appeared before me 01 A/ i kej , 2008. tome known to be the individual(s) described in and who executed the within and foregoing instnunent, and acknowledged that they signed the same as a free and voluntary act and deed, for the uses and purposes therein mentione. Given under my hand and this day of .Ph , 2008. No in an for th4 of WA, residing at % � " v /f� Printed Name: My Commission Expires: L. — J �� CftrstJ' Luc &v to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as a free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and seal of office this 144 day of FB , 2008. Notary Public in arid for the tate of A, residing at Printed Name: ( ( L - & 2 My Commission Expires: — 6, 4 of • • STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) nn •� r 1 t On this day personally appeared before me Y OV tI4 I`b . / Gt 1 !'?ert - to me known to be the individual1s)described in and who executed the within and foregoing instrument, and acknowledged that arrsigned the same as a free and voluntary act and deed, for the uses and purposes therein mentioned. Given und h j4 O ff= office this _ day of . I / s. 2008. \ W O`� Q ' �'� r �y R Public in and for the State of WA, Q; ' •—••► i residing at R -Prei0 1'L1-' z; Printed Name:'Txyi`�� �41I i S` O \ My Commission Expires: 1. 20 I 0 STATE OF WAS -:..9.• .... • S�'t11 COUNTY OF KING f On this day personally appeared before me --t t 1 c A • I Lit . -- Given under my hand and seal of office this day of , 2008. to me known to be the individual(si described in and who executed the within and foregoing instrument, and acknowledged that thsigned the same as a free and voluntary act and deed, for the uses and purposes therein mentioned. StIC . Give »land and seal of office this day of ' � ar' , 2008. ` i • 4 w S rir` rA/ •• Pti13O 0 STATE l Jig r 1 � Itt COUNTY OF RIN r&��� " `/, ) ss. •• ' 'c in and for the State of WA, residing at Printed Name'up4 '0.Q M hA 1i 't My Commission Expires:. �q 7 nt n On this day personally appeared before me to me known to be the individual(s) described in and who executed the within and foregoing in strument, and acknowledged that they signed the same as a free and voluntary act and deed, for the uses and purposes therein mentioned. Notary Public in and for the State of WA, residing at Printed Name: My Commission Expires: 4 of