HomeMy WebLinkAbout1996 - Short Plat - Houser Paul / Houser Lila - 96020608799602060879
shorT PLAT NUMBER L 6` 4
'ITY OE TUKWILA, WASHING; :-;St
LEGAL DESCRIPTIONS
BEFORE THE SHORT SUBDIVISION:
1_ % �I CC, -fir'
AFTER THE SHORT SUBDIVISION:
j r •
3 r U fit'
This space reserved for recorder's use
Return to:
Dept. of Community Development
Planning Division
City of Tukwila
6300 Southcenter Boulevard
Tukwila, Washington 96188
APPROVAL
Reviewed and approved by the Short
Subdivision Committee and hereby certi-
fied for filing this 22 day of
,199 .
Chairman, Short Subdivision Committee
DEPARTMENT OF ASSESSMENTS
Examined and approved this
Jo day of ' wi ij
ssessor
,1976.
/Lt 1'
Deputy • sses •
e d.. oyd.Z W
Page / of �~ S
W412 -0017
e...enwr ,: :srw.•..a.
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MAP
ATTACHE() —
Land Surveyor's Certificate:
This Short Plat correctly represents a survey made by me or
under my direction in conformance with the requirements of ap-
propriate State statute and has been properly staked.
Name:
Date.
Certificate No.
Short Plat Number 4 9a —00941
Map on File in Vault
Direction:
Scale:
Stamp:
Page of
Houser Short Plat #L92 -0099
ACCESS EASEMENT & JOINT MAINTENANCE AGREEMENT FOR ACCESS
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FILED FOR RECORD BY 1
IPY
EASEMENT GRANT AND JOINT MAINTENANCE AGREEMENT
THIS AGREEMENT is entered into on this /q1--ii day of
No.✓Q ,,,,1 fir. , 1992 by the GRANTOR, C & M Properties, Inc., a
Washington corporation, and the GRANTEES, Paul W. Houser and
Lyla V. Houser, husband and wife.
RECITALS:
A. Whereas the Grantor is the owner in fee simple of certain
real property, more specifically described in Appendix . "1" at-
tached hereto and incorporated herein by this reference;
B. Whereas the Grantees are the owners in fee simple of cer-
tain real property, more specifically described in Appendix "2"
(and as amended by Grantees' dividing, subdividing, platting
and /or short platting of said property) attached hereto and
incorporated herein by this reference;
C. Whereas in consideration of the Grantor granting to
Grantees an easement for purposes of ingress and /or egress only
over a road, which Grantor plans to build at its own cost,
contemplated to be created on a portion of Grantor's property
more specifically described in Appendix "3 ", attached hereto and
incorporated herein by this reference, and for Grantees to be
equally responsible for costs of future maintenance of such road
after said road is initially built by Grantor, the Grantees shall
grant a slope easement to Grantor in a separate document executed
contemporaneously with this Agreement a copy of which is attached
hereto, incorporated herein as though fully set forth and marked
as Appendix "4 ";
D. Whereas the said real property of Grantors and Grantee
are adjacent to each other and each desires to subdivide and /or
develop their /its respective property;
E. Whereas the right and authority given by Grantees to
Grantor to make slopes for cuts and /or fills is to provide great-
er stability of the soil adjacent to the aforesaid contemplated
road;
F. Whereas the aforesaid easement for ingress /egress pur-
poses granted by Grantor shall not be for commercial and /or
multifamily residential but only for single family residential
use;
EASEMENT GRANT & JOINT
MAINTENANCE AGREEMENT - 1
PROPERTY /MAINTENANCE.C&M
RECEIVED
DEC 0 71992.
COMMUNITY
DEVELOPMENT
56/.:745.
--WA' 5 -#i '7 2 -d099
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G. Whereas G= 'tee will be obtaining fro: the City of Tukwi-
la a waiver whereby the said City of Tukwila will not require any
additional improvement whatsoever to the above- stated contemplat-
ed road or any other property described in Appendix "1" and /or
Appendix "3" resulting from Grantee having an easement for in-
gress and egress purposes.
Based upon the foregoing the parties agree as follows:
W I T N E S S E T H
1. Grantor grants to Grantees an easement for purposes of
ingress and /or egress only over a road contemplated to be
built /created on a portion of Grantor's property more specifical-
ly described in Appendix "3 ", attached hereto and incorporated
herein by this reference, and for Grantees to be equally respon-
sible for costs of future maintenance of such road. PROVIDED, the
aforesaid easement granted by Grantor shall be conditioned upon
Grantees' property, now or hereafter divided, subdivided, platted
and /or .short platted, being used only for single family.residen -.
tial purposes. PROVIDED FURTHER, nothing herein shall preclude
the Grantees from using said road for ingress /egress purposes
during development /improvement of their above - described property;
2. That Grantor shall be solely responsible for any and all
costs /expenses involved in the initial building of the said
contemplated road. PROVIDED, the entire method, manner and /or
scope of the initial construction of said road shall be at the
sole discretion of Grantor:
3. Grantees grant a slope easement to Grantor in a separate
document executed contemporaneously with this Agreement which is
attached hereto, incorporated herein as though fully set forth
and marked as Appendix "4 ";
4. That, after the initial building /creation of said road,
Grantor and Grantee shall bear an equal responsibility for costs
and expenses of construction, maintenance, restoration, repair
and /or improvement of the road described in Appendix "3 ":
(A) That, after the initial construction of said road,
in determining the need for future construction, maintenance,
restoration, repair and /or improvement of said roadway, upon the
owner(s) of not less than 50% of the aggregate property described
in both Appendix "1" and Appendix "2" (and as amended by Gran-
tees' dividing, subdividing, platting and /or short platting)
agreeing /believing that such construction, maintenance, restora-
tion, repair and /or improvement is necessary, then (1) all of the
owners of the property described in Appendix "1" shall contribute
an equal amount between /among themselves, up to 50% of the total,
and (2) all of the owners of the property described in Appendix
"2" shall contribute an equal amount between /among themselves, up
to 50% of the total, required for such construction, maintenance,
restoration, repair and /or improvement of the easement. PROVIDED,
(1) the entire property described in Appendix "1" shall be deemed
EASEMENT GRANT & JOINT
MAINTENANCE AGREEMENT - 2
PROPERTY /MAINTENANCE.0 &M
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to be 50% of the _]d aggregate property and _.ie entire property
described in Appendix "2" shall be deemed to be 50% of the said
aggregate property, (2) in the event that the property described
in Appendix "1" is divided into lots, then each lot, regardless
of actual physical size, shall be deemed to be equal in size to
any other lot created from the property described in Appendix
"1 ", (3) in the event that the property described in Appendix "2"
is divided into lots, then each lot, regardless of actual physi-
cal size, shall be deemed to be equal in size to any other lot
created from the property described in Appendix "2 ", and (4) 50%
of the said aggregate property contained in both Appendices "1"
and "2" may be attained by any combination of lots contained in
Appendices "1" and /or "2 ". PROVIDED FURTHER, in the event at any
time Grantees' improvement /development of their property results,
directly or indirectly, in causing the need for maintenance,
restoration, repair and /or improvement of the roadway described
in Appendix "3 ", in whole or in part, then Grantees shall be
wholly responsible for such maintenance, restoration, repair
and /or improvement of said roadway described in Appendix "3 ";
PROVID.ED FURTHER, in the event at any time Grantor's,
improvement /development of its property results, -directly or
indirectly, in causing the need for maintenance, restoration,
repair and /or improvement of the roadway described in Appendix
"3 ", in whole or in part, then Grantor shall be wholly responsi-
ble for such maintenance, restoration, repair and /or improvement
of said roadway described in Appendix "3 "; and /or
(B) Notice of construction, maintenance, restoration,
repair and /or improvement of the said easement shall be a) in
writing provided by the owner(s) desiring to expend money for
such purpose(s), b) with a description of the work, and c)
provided to the other owner(s) by first class mail which shall be
deemed to be received the first business day following mailing.
All owners shall contribute their share of such costs and ex-
penses within 30 days from the date of receipt, as stated above,
of notification. Non - payment within said 30 day period shall
entitle the remaining owners to file lien(s) against the above -
described real property of the non - paying owner for the pro -rata
amount of road and /or utility construction, maintenance, restora-
tion, repair and /or improvement costs attributable to the non-
paying owner. Said lien(s) shall be enforceable and subject to
foreclosure in King County Superior Court in the same manner
prescribed for labor and /or material liens within the State of
Washington;
5. The terms of this Agreement shall continue for an indefi-
nite period of time unless and until the easement stated above,
for ingress /egress purposes, is wholly dedicated to and accepted
by the City of Tukwila or other public entity. If, at any time,
only part of said easement is dedicated and accepted, then the
terms of this Agreement shall remain in effect concerning that
part of the said easement not dedicated and accepted;
6. While the terms of this Agreement are in effect said
terms shall be incorporated into any and all deeds transferring
EASEMENT GRANT & JOINT
MAINTENANCE AGREEMENT - 3
PROPERTY /MAINTENANCE.0 &14
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title of any of th real property described a�� ;e in Appendix "1"
and /or Appendix "2" (and as amended), whether in whole or in
part;
7. That the terms of this Agreement shall run with the land
and shall be binding upon all of Grantor's and Grantees' succes-
sors, assigns, heirs, transferees, and /or beneficiaries.
GRANTOR:
C & M PROP RTI •, INC.,
By:
By:
GRANTEES:
PAUL W. HOUSER
L'IL1k V. HOUSER
STATE OF WASHINGTON ]
]
COUNTY OF RING
ss.
ON 3HE DATE SATED BELOW personally appeared before me
14- , --YZa2 ) G{ rA-A- e_ • 4Z , President, and ap0,,,,, (7. nnc,, M,•r��� ,
Secretary, to me known to be the individuals described in -land who
executed the within and foregoing instrument and acknowledged
that they signed the same in their capacities as stated above and
as the free and voluntary act and deed of the corporation stated
above for the uses and purposes mentioned therein.
AND AND OFFICIAL SEAL this /J �'�'
GIVEN UN Y ,H day o
FL.i , 1990.
. -a /4a
q "., NOTARY PjZBEIC in and for the
'' State ofri /14 shin Con rding
.. My Commissidn expires .4/';‘'* %
EASEMENT GRANT & JOINT
MAINTENANCE AGREEMENT - 4
PROPERTY /MAINTENANCE.0 &M
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c
.STATE OF WASHINGTL 1]
] ss.
COUNTY OF ]
ON THE DATE STATED BELOW personally appeared before me PAUL
W. HOUSER and LYLA V. HOUSER, husband and wife, to me known to be
the individual described in and who executed the within and
foregoing instrument and acknowledged that he /she /they signed the
same as his /her /their free and voluntary act and deed for the
uses and purposes mentioned therein.
GIVEN UNDER MY HAND AND OFFICIAL SEAL this a ^d day of
D- 2.C.e,4./Y\be.r 199x.
EASEMENT GRANT & JOINT
MAINTENANCE AGREEMENT - 5
PROPERTY /MAINTENANCE.C&M
NOTARY PUBLIC in and for.
State of Washington, residing
residing at Al vcJ
My Commission expites 3 /aS'(q¢ •
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APPENDIX "1"
BEFORE THE SHORT SUBDIVISION:
THE NORTH HALF OF THE NORTH HALF OF
TRACT 59, RIVERSIDE INTERURBAN TRACTS,
ACCORDING TO THE PLAT THEREOF RECORDED
IN VOLUME 10 OF PLATS, PAGE 74, IN KING
COUNTY, WASHINGTON; EXCEPT THAT PORTION
CONVEYED TO KING COUNTY FOR ROAD PUR-
POSES BY DEED RECORDED UNDER RECORDING
NO. 5693446.
AFTER THE SHORT SUBDIVISION:
ATTACHED •
APPENDIX "1"
PROPERTY/MAINTWANCL.CiN
7 7c25
LEGAL DESCRIPTIONS AFTER THE SHORT SUBDIVISION:
Lots 1, 2, 3 and 4 of Tukwila Short Plat #L92 -0099, as shown on the
survey map recorded under King County recording number
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APPENDIX "2"
PROPERTY /MAIMTEMAMCt.C&M
APPENDIX "2"
THE SOUTH HALF OF THE NORTH HALF OF
TRACT 59, RIVERSIDE INTERURBAN TRACTS,
IN KING COUNTY, WASHINGTON.
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APPENDIX "3"
PROPERTY /MAINTENANCE.CLM
APPENDIX "3"
BEGINNING AT A POINT ON THE SOUTH LINE
OF THE NORTH HALF OF THE NORTH HALF OF
TRACT 59, RIVERSIDE INTERURBAN TRACTS,
WHICH IS 15 FEET WEST OF THE SOUTHEAST
CORNER THEREOF; THENCE WEST ALONG SAID
SOUTH LINE 197.00 FEET; THENCE NORTH 20
FEET; THENCE EAST 10 FEET; THEN NORTH-
EASTERLY ALONG•THE ARC OF A CURVE TO THE
LEFT, HAVING A RADIUS OF 20 FEET, A
DISTANCE OF 31.42 FEET; THENCE NORTH 10
FEET; THENCE EAST 20 FEET; THENCE SOUTH
10 FEET; THENCE SOUTHEASTERLY ALONG THE
ARC OF A CURVE TO THE LEFT, HAVING A
RADIUS OF 20 FEET, A DISTANCE OF 31.42
FEET; THENCE EAST 102 FEET; THENCE
NORTHEASTERLY ALONG THE ARC OF A CURVE
TO THE LEFT, HAVING A RADIUS OF 25 FEET;
A DISTANCE OF 39.27 FEET; THENCE SOUTH.
45 FEET . TO THE POINT OF BEGINNING; . •IN
RING COUNTY, WASHINGTON.
Houser Short Plat #L92 -0099
SLOPE EASEMENT
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APPENDIX "4"
FILED FOR RECORD AI REQUEST OF:
EASEMENT GRANTING RIGHT TO ENTER UPON LAND AND MAKE SLOPES
A. Whereas the Grantors, PAUL W. HOUSER and LYLA V. HOUSER,
husband and wife, are the owners in fee simple of certain real
property, more specifically described in Appendix "A" attached
hereto and incorporated herein by this reference;
B. Whereas the Grantee, C & M PROPERTIES, INC., a Washington
corporation, is the owner in fee simple of certain real property,
more specifically described in Appendix "B" attached hereto and
incorporated herein by this reference;
C. Whereas the parties desire for the Grantee to have the
right and authority to 1) enter upon Grantor's land, and 2) make
slopes, for cuts and /or fills, in the area of Grantors' real
property described in Appendix "C" attached hereto and incorpo-
rated herein by this reference;
D. Whereas the said real property of Grantors and Grantee
are adjacent to each other and each desires to subdivide and /or
develop their /its respective property;
E. Whereas the Grantors desires to have an easement for
purposes of ingress and /or egress over a road contemplated to be
created on the south twenty feet of Grantee's property described
above in Appendix "B" and to be equally responsible for cost of
future maintenance of such road; and
F. Whereas the right and authority given by Grantors to
Grantee to make slopes for cuts and /or fills is to provide great-
er stability of the soil adjacent to the aforesaid contemplated
road;
G. Whereas, Grantee will grant an easement to Grantor for
the property described in Appendix "A ", for ingress and egress
purposes only, over the aforesaid contemplated road and the
parties will also contemporaneously execute a joint maintenance
agreement concerning said road.
Based upon the foregoing Grantors agree as follows:
W I T N E S S E T H
1. The Grantors hereby grant to the Grantee an easement
and /or the right and authority, for a period of time not to
from the date of the execution of this amp-went, `/
DEC 0 7 199
uN2
714'. s.s.(-1q
exceed one
year
SLOPE EASEMENT - 1
PROPERTY /EASEMENT.SLOPE2
CatuMVNTT '
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to enter upon the • And of the Grantors, as d, ..,ribed in Appendix
"A" and /or Appendix "C ", and have the free and uninterrupted use,
liberty, privilege, easement and right of way for the purpose to
make slopes for cuts and /or fills upon that property of the
Grantors as described in Appendix "C" which shall also include
the further right given to Grantee to fell and /or remove trees,
timber, bushes, and /or undergrowth in making said slopes. PROVID-
ED, that, for the aforesaid one year period, from time to time,
as Grantee solely determines, the Grantee shall have the continu-
ing right and authority to enter upon said land of the Grantors
to make slopes for cuts and /or fills.
2. The time, manner, equipment used and /or necessity to make
slopes for cuts and /or fills shall be at the sole discretion of
the Grantee. That the cost and expense for making said slopes
shall be borne solely by Grantee. PROVIDED, nothing herein shall
require the Grantee to make slopes for cuts and /or fills. PROVID-
ED FURTHER, regarding the property described in Appendix "A ",
nothing herein shall make Grantee responsible and /or liable to
Grantors for any development costs, or any other kind of costs,
incurred by Grantors resulting from the development /existence of
the aforesaid contemplated road and /or any easement /license
agreement between the parties.
3. That, for the aforesaid one year period, the terms and /or
easement described above shall run with the land and be binding
on the Grantors, their heirs, successors, assignors and /or bene-
ficiaries.
STATE OF WASHINGTON ]
3
COUNTY OF KING ]
ss.
GRANTORS
PAUL W. HOUSER
LYYLA! V. HOUSER
ON THE DATE STATED BELOW personally appeared before me PAUL
W. HOUSER and LYLA V. HOUSER, husband and wife, to me known to be
the individuals described in and who executed the within and
foregoing instrument and acknowledged that they signed the same
as their free and voluntary act and deed for the uses and pur-
poses mentioned therein.
SLOPE EASEMENT - 2
PROPERTY/EASEMENT .SLOPL2
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GIVEN UNDER 'l HAND
l e.Gn (9-el'
SLOPE EASEMENT - 3
PROPERTY /EASEMENT. SLOP E2
AND OFFICIAL SEAL this ei)rd day of
1993-.
cLA...1.7
NOTARY PUBLIC in and Cdr the
State of Washington, residing
at . s Al vuA..
My Commission expires: 3 /),C19q -.
/ 7e/c
APPENDIX "A"
PROPMCCVEURICOM SLOP=
APPENDIX "A"
THE SOUTH HALF OF THE NORTH HALF OF
TRACT 59, RIVERSIDE INTERURBAN TRACTS,
IN KING COUNTY, WASHINGTON.
•
•
. • "
APPENDIX "B"
THE NORTH HALF OF THE NORTH HALF OF
TRACT 59, RIVERSIDE INTERURBAN TRACTS,
ACCORDING TO THE PLAT THEREOF RECORDED
IN VOLUME 10 OF PLATS, PAGE 74, IN KING
COUNTY, WASHINGTON; EXCEPT TEAT PORTION
CONVEYED TO KING COUNTY FOR ROAD PUR-
POSES BY DEED RECORDED UNDER RECORDING
NO. 5693446. .
1
APPENDIX "B".
FROPEP.7112MICKCl/T.SLOPE2
/7
APPENDIX "C"
'SLOPE EASEMENT DESCRIPTION
THE NO
RIVERSI0
OLUME 1Q
ALONG TH
ENCE SOU
4'07" W 1
RTH LINE,
ST CORNER OF THE SOUTH,
INTERURBAN TRACTS, ACC
PLATS•, PAGE 74. IN KI
NORTH. LINE THEREOF,. 15
PARALLEL WITH THE
7.69 FEET TO THE NORTH
11.5 FEET TO THE TRUE PO
••
• •
ALF OF THE NORTH HALF
ING. TO THE PLAT THEREOF
9 COUNTY, WASHINGTON.;
tr-i TO
TH E TRUE pc:atop
,LINE THEREOP,:.ZE FEET::
INE THEREOF; THENCE DST,
NT OF .BEG INN !NG,: "
cP
JOINT MAINTENANCE AGREEMENT
Notice is hereby given that ei�Gr L 14.) �`' L � q- / /d o S F 2
(print)
of the following described tract(s) of land;
Parcel (Lot) A:
Parcel (Lot) B:
Parcel (Lot) C:
Parcel (Lot) D:
See attached legal description.
See attached legal description.
See attached legal description.
See attached legal description.
OR
Lots 1, 2, 3, and 4 of Tukwila Short Subdivision
# %j,7- 001'1 , as shown on the survey map recorded
under King County recording number
, owners
do hereby establish this Agreement and convey unto all present and future owners, their
heirs and assigns, of all or any of the foregoing described tract(s) of land, the maintenance
of the easement(s) granted and conveyed in Tukwila Short Subdivision #L.1•2-0077,
described below.
1. Sewer Line: It is agreed that the cost of any repair or maintenance for the
2" sewer lines shall be the responsibility of the individual owner, and that the
cost of any repair or maintenance for the 6" sewer line shall be the joint
responsibility of all parties.
2. Water Line: It is agreed that it shall be the joint responsibility of all parties
to pay the cost of any repair or maintenance of the water line.
3. A
_.:: :.. • :f all q,:,)e'll-4/1",)
parties to pay the cost of-an y- r-epai -er-ma $nce -of- he- aeeess- roadway-
This Agreement shall be binding upon all present and future owners of the parcels created
under -the aforementioned document.
Owner(s) signature(s)
/57/4V s•---
Date
RECEIVED'
1$ 199
OEVE_LQPMi =i\r!-
6// °mss
Houser Short Plat #L92 -0099
STREAM PROTECTION EASEMENT
1. Use and development of Lots created by this
Short Plat are controlled by provisions of
Tukwila Sensitive Areas Ordinance (TMC
18.45, or as hereafter amended).
2. The areas designated in this Short Plat as
Stream Protection Easement shall not be
developed, but shall be reserved as natural
areas. The owner(s) of the lot(s)
underlying this Protection Easement shall be
responsible for the maintenance, care and
protection of said Protection Easement, and
shall hold harmless the City of Tukwila for
any and all costs, expenses, claims,
attorneys fees or other related charges for
any act or omission arising out of the
designation of a Protection Easement. The
Stream Protection Easement shall consist of
a 15 -foot wide protected area, plus a
parallel, 10 -foot wide building setback
area.
C1)10-24
•
RECEIVED
l 8 1995
CO:V; tutv,,
OE\ /ELOPg'V;E T
Houser Short Plat #L92 -0099
SLOPE PROTECTION
NOTE:
Future development of slopes on lots created by this
Short Plat may require a geotechnical report and
additional setback from the slope prior to issuance
of building or land - altering permits.
„ey-/-qt.
RECEIVED
Air `% 81995
} E V E L ..4-` 17,: r.0-
Houser. Short Plat #L92 -0099
RESIDENTIAL FIRE SPRINKLER REQUIREMENT
NOTE:
Sprinkler systems which meet City codes must be
installed as a condition of building permits for any
home located more than 250' from a fire hydrant.
RECEIVED
l &199Fi
4
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1 ��i' .�: ice._. .
a'T y
J
lila houser
paul houser
SIGNATURES
DECLARATION:
Know all men by these presents that we, the undersigned, owner(s) in fee simple and/ or contract
purchaser(s) of the land herein described do hereby make a short subdivision thereof pursuant to
RCW 58.17.060 and acknowledge that said subdivision shall not be further divided in any manner
within a period of five years, from date of record, without the filing of a final plat. The undersigned
further declare this short plat to be the graphic representation of said short subdivision and the
same is made with the free consent and in accordance with the desire of the owner(s).
In witness whereof we have set our hands and seals.
Narne• rat , 72.1 -mac.,! e/v'
Name. L Name.
Name:
Name. Name.
Name. Name:
STATE OF WASHINGTON
County of King
On this day personally appeared before me � `'"' U y.
to me known to be the individual described in and who executed the within and foregoing in-
strument, and acknowledge that %% signed the same as free and voluntary act and
deed, for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this // day of 7 !ov�Fk 19 9
otarr7Puolic in an r t e State of Washington,
residing at
'
)1....„
..�
STATE OF WASHINGTON
County.of King
On this day personally appeared before me
to me known to be the individual described in and who executed the within and foregoing in-
strument, and acknowledge that signed the same as free and voluntary act and
deed, for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of ,19
Short Plat Number L'Z - gal?
Notary Public in and for the State of Washington,
residing at
Page ?9' of -;26-
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N 0'0719' E 2105.73' MEAS V
— 435.13' /4i0. _
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EXIS ::NG EASEMENT FOR INGRESS AND EGRESS
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, - 75' .. 30'
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BASIS FOR BEARINGS
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