HomeMy WebLinkAbout1986 - Easement - Neuroth / McLees / Lucas / Pupo / Fostoria Park Associates - 8101300412 (Rerecorded by 8609121461)8101300412
TUIS DOCUMENT IS BEING RERECORDED TO CORRECT IIIE LEGAL DSSCRIPD: EASeMENT (Underground and Surface Rights)
THIS INDENTURE,, made this ]j b day of November 19 80,
between WARREN NEUROTH and ROSE MARIE NEUROT8, husband and wife;
GERALD McLEES and DONNA McLEES, husband and wife; BURT LUCAS and
MARION LUCAS, husband and wife; FRANK PUPO and JANICE PUPO, husband and
wife; and FOSTORIA PARK ASSOCIATES, n general partnership, insofar as each
'inn rights or title or any hereinafter acquired rights or title, hereinafter
called the Grantors; CITIZENS FEDERAL SAVINGS AND LOAN ASSOCIATION,
hereinafter called the Mortgagee; and the CITY OF SEATTLE, a municipal
corperation, and PACIFIC NORTHWEST BELL TELEPHONE COMPANY, a Washington
corporation, hereinafter called the Grantees; WITNESSETH:
That the Grantors, for and in consideration of the sum of One Dollar ($1.001
and other valuable considerations, receipt of which is hereby acknowledged,
hereby convey and grant to the Crentees, their aucceaaora and assigns, the
right, privilege and authority to ;.nntall, construct, erect, alter. repair,
energize, operate and maintain electric underground trenaminalon and
distribution facilittea, including communication wires, at depths not
exceeding 21 feet, which consist of vaults, manholes, handholea, 'ucte,
conduits, cables, wires and other necessary or convenient appurtenances;
ALSO the right, privilege and authority to the Grantees, their successors
and aa:,lgns, to install, construct, erect, alter, repair, energize, operate
and maintain at the ground level electric transformer units and electric
junctfan cabinets and /or containers, together with such appurtenances
necessary to make said underground And surface installations an integrated
electric and communication system, all such electric and communication
system to be locnted upon, under, over and across the following described
lands and premisea situated to the County of King, State of Washington, to
wit:
Q
That portion of Tracts 16 and 17, Fostoria Garden 1.E2A pEs( -Ei P
Tracts, as recorded in Volume 9 of Plats, page 95, By
records of. Xing County, Washington, lying 5 feet on �� ""
either side of and adjoining the following described CHK
center line: Beginning at the most eadtt2 1y corner of
said Tract 16; thence North 48 °15'03" V t along the
northeasterly line of said Tract 16, 5.00 feet to the
True_ Point of neginntng of said center line; thence
South 41 °44'57" West 290.00 feet; thence North 41 °44'57"
-'Rant 30.00 feet; thence North 48 °30'00" Weat 110.97
`feet; thence North 73 °15'00" Weat 87.20 feet to a point
herttnsfter referred to as Point "A "; thence cont� nuing
North 73 °15'00" Heat 58.86 feet; thence South 52 30'0q
West 52.98 feet; thence North 37'30'00" West 110.00 filet ul
to the terminus of said center line. rAU 30
ALSO, that. portion of Raid Tract 16, .lying 5 feet on JB...7,
etcher side of and adjoining the following describedj([ll'
center line: Beginning at the hereinbefore described
Point "A "; thence North 27 °54'48" East 7.00 feet; thenc
South 27 °54'48" West 369.44 feet; theme South 9 °44'42"
Eaet.83.06 feet to the terminus of said center line..
(Also known as a portion of Lots 1, 2, and 1, City of
Tukwila Short Plat No. MF- 79- 26 —SS, se recorded under
King County Recording No. 8004240503.)
ALSO, the northwesterly 5 feet of the northeasterly 290
feet of Trac. 15, Fostoria Garden Tracts.
Together with the right at all times to the Grantees, their oucceeaors and
assigns, of ingress to and egress from said lands acroan adjacent lands of
the Grantors for the purpose of installing, constructing, altering,
repairing, energizing, operating and maintaining said electric and
communication system, and the right at any time to remove all or any part of
said electric and communication eyatem from said land.
The Grantors, their heirs, executors, administrators, successors and
assigns, hereby covenant and agree that no atructore will be erected or
permitted within the .above described easement area withnut prior wrirten
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1% E.OISE TAX NOT REQUIPED
. ..... .
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approval from the Grantees, their euceeesors or assigns; that no digging
will be done or permitted within the easement area which will in any manner
disturb the facilities or their solidity or unearth any portion thereof; and
that no blasting or discharge of any explosives will he permitted within
fifty (50) feet of sale lines and appurtenances. All conduit or cable laid
under this grant shall be laid upon a route as now located and shall be
buried to such depth ea not to interfere with the ordinary use of said land.
The City of Seattle and!or Pacific Northwest. Bell Telephone Company are to
be responsible, as provided by law, for any dcmage to the Grantors through
their negligence in the construction, maintenance and operation of said
electric and communication system across, over, upon and under the property
of said Grantors.
The rights, title, privileged and authority hereby granted shall continue
and be in force until such time as the Grantees, their euceescorn or
assigns, shall permanenr'y remove all said electric and communication system
from said lands or shall permanently abandon said electric and communication
system, at which time all such rights, title, privilegea and authority shall
terminate.
Any mortgage on rte said premises held by the Mortgagee above nnmed is
li hereby subordinated to the extent. but only to the extent necessary, to so
subordinate the lien of enid mortgage to the easement herein granted to the
C"d Grantees.
(1•
IN WITNESS WHEREOF, this instrument has been executed the day and year first
above written.
CD
CITIZENS FEDERAL SAVINGS
AND LOAN ASSOCIATION
6741r{`,C
ERALD M. McLEE
By. , t
Tit1t
9titil'
ARREN L. Will
FOSTORIA PARK ASSOCIATES, a
partnership
By
1714
�lt�
I'N"..1: LUCAS/
R01 ItT E. STOR$ETH, General Pfrtner FRANK PUPO % '`
•
BY/
...JO . PETERSON' �enet•a1 Partner
HAS W. GORDON, eneral Partner
CV
u0
STATE OF WASHINGTON
COUNTY OF King
I, the undera
20 day of
before me WARREN L
be the individuals
acknowledged that
deed for the uses
(FOR INDIVIDUAL ACKNOWLEDGMENT)
) se.
tgned, a Notary Public, do hereby certify that on this
i1iPt ear {its 19(J , personally appeared
. NEUROTH and ROSE MARIE NEUROTH, his wife, to me known to
described in and who executed the within instrument, and
they signed the same as their free and voluntary acted-- -
and purposes therein mentioned. .a,,..•
Given under my hand and official seal the day and year in this C),: '' • ' :...4\1�
4%27. lcodPg'.01.1
e.S
certificate above written.
STATE OF '•,.AiiINCTON
COUNTY OF `'in'*
Notary PubliC-5X5Tfor the
residing at ypnt
to of
WaShi
(FOR INDIVIDUAL ACKNOWLEDGMENT)
) Ce,
I, the undersigned, n Notary Public, do hereby certify that on this
eU•h day of 1 +ovarhar 1980 , personally appeared
before. me GERALD M. McLRES end DONNA R. MELEES, his wife, to me known to-Jo ,
the individual:: reocrtbed in and who executed the within instrument, ,end;.,,,.
acknowledged that they signed the same as their free and voluntary'
deed for the usea and p•.irpones Lherein mentioned, r' t� '' ;•,,C1 •
Given under my hand and official seal the day and year
certificate above written.
yyr' • yy le v�:,r `•R• .,
tC of. Wa: in§r
--:.%
Notary Pub11
residing at
(FOR CORPORATE ACKNOWLEDGMENT)
STATE OF WASHIINGfON )
) as.
COUNTY OF e:in? )
On this ^ r>/
/ day of '. 19..�G' ; : 4*FISIi�jj;'•..• '4N
personally appeared t er 'der r�-�e -.i-i 17 y
me known to be the
vice President, and ` [ /'•. ,t
, to me known to be the e . le• of CITIZENS FEDERAL SAVINGS AND LOAN ASSOCIATION, the corporAtl Tta'".•.4 M 0. %k
executed the within and foregoing instrument, and each ackno�lled��?�o�(O�♦ d"i •
said .instrument to be the free and voluntary act and deed of laitYy °• ;►N ‘a ?. C •
corporation for the uses and purposes therein mentioned, and eachsd oi.. "•v`�:
stated that th,.y were authorized to execute said instrument. :�"•• j r'
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my off Taal r
seal the day and year above written /j
Notary Public in ender the State ofY ahL
residing at „fyG
3 of 4
(FOR INDIVIDUAL ACKNOWLEDGMENT)
STATE OF WASHINGTON
) es.
COUNTY OF
I, the undersigned, a Notary Public, do here,?y certify that or. this
I day of ,f Pat -If: �fr 14,e personally appeared
before me BURT C. LUCAS and MARION J. LUCAS, his wife, to me known to be the
Individuals described in and who executed the within instrument, and
E,,citknbwledged that they signed the same as their free and voluntary act and
,. •, '•. eQ., 'or the uses and purposen therein mentioned.
u AR +�e;; 01ren under my hand and official ea the/day and year in thta
*
Maus v:c:Yflcate above written.
or "J A5*\
Notary Public in for the State,of Washington,
residing nt ` ✓'" � - +�.i' ( ''
(FOR INDIVIDUAL ACKNOWLEDGMENT)
STAY' WASHINGTON )
) 89.
COUNTY OF )
I, the undersigned, a No ary Public, do herqy certify that on this
?_ day of � �! 1 ?a`, personally appeared
before me FRANK PUPO and JANICE PUPO, his vile, to me known to be tho
individuals described in and who executed the within instrument, and
acknowledged thnt they signed the same ns their free and voluntary act and
decAAit'>she uses and purpoeea therein mentione4.
O.% �,(+' d>ar my hand and officf�a2 s a) t•e day and year In rhia
/' &ta( SC bo(e written. //
a�c
f� �q t 4 1-`)C,*
Notary ablic and for the Stpte of Wnahington,
4
residing at /e Lrc <C(.ie 4
(FOR PARTNERSHIP ACKNOWLEDGMENT)
STATE OF WASHINGTON )
) 9e.
COUNTY OF )
G tL n
On this O day of 1,„)..2. C.f.bi.lj'.GL 19 t', before me
personally appeared ROBERT E. STORSETH, JON C. PETERSON, and THOMAS W.
GORDON, to me known to he the general partners of FOSTORIA PAPY. ASSOCIATES,
the partnership that executed the within and foregoing instrument, and he
acknowledged that said instrument to he the free and voluntary act and deed
of (laid partnership for the uses and purposes therein mentioned, and on oath
stated that he was authorised to execute said instrument.
IN WITNESS WHEREOF, I have hereunto pet my hand and affixed ,my.of H•oigj \,
seal the day and year above written. '�!��%MA14.'t•.
Notary Pu. ~in and for the State .o i%aa �d ''.'"I ;
residing nt(t ..ks'cr . _ L w..,.4 S=am i
j.; tQ '.,
4 of 4
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