HomeMy WebLinkAbout1981 - Mutual Easements for Sewer and Water - Toulouse James / Funk Ernest - 81061606748106160674
MUTUAL EASEMENTS FOR SEWN. AN WATER
This agreement is executed on April %1„ 1981 by
and among James E. Toulouse, Richard H. Toulouse and Ernest
J. Funk.
tITNESSETH THE FOLLOWING:
REC I T A:S
OM A. James E. Toulouse owns as his separate property
the house with a street address of 4102 South 137th, Seattle,
Washington, located on the following desc"ri::ed :cal property
r•7 situated in King County, Washington, to -wit:
That portion of Lots 1 s 2, Block 5, Tract "A"
AND a portion of vacated South 137th Street
5 (Garden Place), Robbins View Tract Addition to
Riverton, according to the plat thereof as
recorded in Volume 17 of Plats on page 90,
records of King County, Washington, described
as follows:
Commencing at the southwest •orr.cr of said
Lot 1; thence S 89 °52'24" E along the south
line thereof 10.0 feet to the True Point of
Beginning; thence N 27 °03'34" W 42.97 feet;
thence N 0 °55'41" W 126.25 feet; thence S
78 °39'09" E 58.07 feet to a point on the east
line of said Lot 1, 153.15 feet north of the
southeast corner thereof; th ?nce S 0 °07'36"
W along the east line of said Lot 1, 33.15
feet; thence S 89 °52'24" E along the north
line of said Lot 2; thence S 0 °07'36" W along
the east line of said Lot 2 and its southerly
extension, 150.0 feet to the centerline of
vacated South 137th Street, formerly Garden
Place; thence N 89 °52'24" W along said street
formerly East View Street; thence N 0 °07'36"
E along said street margin, 30.0 feet to the
south line of said Lot 2; thence N 89 °52'24"
W along the south lines of said Lot 2 and Lot
1, 50.0 feet to the True Point of Beginning.
B. Richard H. Toulouse owns as his separate
property the houses with street addresses of 4102 1/2 South
137th and 4019 South 136th, Seattle, Washington, located on
• the following described real property situated in King
County, Washington, to -wit:
. That portion of Lot 1, Block 5 and Tract "A ",
Robbins View Tract Addition to Riverton,
according to the plat thereof as recorded in
Volume 17 of Plats on page 90, records of
King County, Washington, described as fol-
lows:
Commencing at the southwest ^.orner of said
Lot 1; thence S 89 °52'24" £ along the south
line thereof 10.0 feet to the True Point of
Beginning; thence N 27 °03'34" W 44.97 feet;
thence N 0 °55'41" W 126.25 feet to a point
that lies N 78 °39'09" W 58.07 feet from a
point on the east line of said Lot 1, 153.15
feet north of the southeast corner thereof;
thence S 46 ° 40'49" W 93.72 feet to the west
line of the east 80.0 feet of said Tract "A ";
• •
thence S 0 °07'36" W along said west line
100.0 feet to the north line of the south -
120.0 feet of said Tract "A "; thence S
89 °52'24" E along said north line and along
the south line of said Lot 1, 90.0 feet to
the True Point of Beginning.
TOGETHER WITH an easement for road purposes
over the north 10.0 feet of the south 120.0
feet of the ease 80.0 feet of said Tract "A ".
SUBJECT TO easements and covenants of record.
C. Ernest J. Funk owns as his separate property
the real estate described below:
That portion of tract 67, Riverside Inter-
urban Tract lying southerly of South 136th
Street.
ALSO that portion of Tract A, Robbins' View
Addition to Riverton lying north and west of
a line described as follows:
Beginning at the intersection of the westerly
boundary of said tract "A" and a line parallel
to and 120 feet north of, when measured at
right angles to, the south boundary of said
tract "A "; thence S 89 °52'24" E along said
parallel line to a line parallel to and
180 feet west of, when measured at right angles
to, the easterly boundary of said tract "A ";
thence N 00 °07'26" E along said parallel
line 100.00 feet; thence S 89 °52'24" E, 10.00
feet; thence N 00 °07'36" E; 90.00 feet;
thence S 89 °52'24" E, 900.00 feet; thence N
00 °07'36" E to the northerly boundary of said
tract "A" and the end of the line described.
AND TOGETHER WITH an easement for road pur-
poses over the north 50 feet of the cast 80
feet of said tract.
D. The three afore - mentioned houses are now
served by a sanitary sewer which goes across the property of
Ernest J. Funk. The Funk property in turn is served by a
private waterline which goes across the Toulouse land. The
parties desire by this instrument to establish their mutual
rights to continue use of the existing sewer and water
lines. Now, therefore,
In consideration of the mutual promises here
inafter set forth, the parties enter into the following:
1. Each of the parties has an easement over the
lands of the other to continue use of the existing sewer and
water lines.
2. Each party shall have the entire cost of
maintenance, repair or reconstruction of the lin3 which
serves his property. Provided, however, that with respect to
the sewer lines of the Toulouse's' the cost of maintenance
repair or reconstruction shall be borne in equal shares.
When necessary to repair, clean or reconstruct a line the
party for whose benefit the easement is given shall have the
right of entry on the lands of the others for that purpose.
AGREEMENT
STATE OF WASHINGTON )
)ss.
COUNTY OF K I N G )
On this day personally appeared before me Ernest J.
Funk, known to me to be the individual described in and who
executed the within and foregoing instrument and acknowledged
that he signed the sane as his free and voluntary act and
deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this ' day
of April, 1981.
NOTARY PUBLIC in and for the
State of Washington, residing
at ; / ,
....,. .......... ..
3. This agreement shall be a convenant running
with the land and shall be binding upon all parties, their
heirs and assigns.
In witness whereof the parties have executed this
instrument on the day and year first above written.
STATE OF WASHINGTON )
) ss.
COUNTY OF K I N G )
S. .TE OF WASHINGTON )
)ss.
COUNTY OF K I N G )
James. Toulouse
Richard H. Toulouse
Er: est J; Funk
On this day personally appeared before me James E.
Toulouse, known to me to be the individual described in and
who executed the within and foregoing instrument and acknow-
ledged that he signed the same as his free and voluntary act
and deed for the uses and purposes therein mentioned.
i
GIVEN under my hand and official seal this ' day
of April, 1981
f
NOTARY PUBLIC in and for the
State of Washington, residing
at
On this day personally appeared before me Richard H.
Toulouse, known to me to be the individual described in and
who executed the within and foregoing instrument and acknow-
ledged that he signed the same as his free and voluntary act
and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this ' day
of April, 1981.
) .
NOTARY PUBLIC in and for the
State of Washi•: ^ton, residing
at ••
•