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Home My WebLink About1996 - Easement Agreement - McLeod Stuart / Nelsen Helen - 96091305589609130558 After recording, return to: STUART McLEOD 213'LAKE STREET SOUTH KIRKLAND, WA 98033 "Thin document flies: c' record cy Fidelity National Title lemma ka au. ECENE® accommodation only. It hit not been examined at to Ica ei'ftec upon the title." JUN 0 8 1999 COMMUNITY - - - - - -- - ELOPMENT EASEMENT AGREEMENT This EASEMENT AGREEMENT ( "Agreement ") is made this _24i_ day of huuct, /L , 1996, by and between HELEN B. NELSEN, a single individual ( "Grantor ") and STUART individual ("Grantee"). McLEOD, a single R E C 1,T ,. S . A. Grantor is the owner of -real propc:.rty located in the City of Tukwila, which property is described with particularity in Exhibit A, attached and incorporated by reference. B. Grantee owns property in the City of Tukwila adjacent to property owned by Grantor. .AGREEMENT NOW, THEREFORE, in consideration of the sum of Ten Dollar - ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Grant of Utility Bas4aent Grantor does hereby convey and grant to Grantee a perpetual, nonexclusive easement under, over, through and across the property described in Exhibit A for the purposes of utilit?.es, 29973 \8 \30074.EASl1.25.96 Seattle and utility construction and maintenance, which easement shall be approximately located and identified on Exhibit B, attached hereto and incorporated by reference. The Easement shall be for the construction and maintenance of utilities including but not limited to water, electric, sewer, storm drainage, and natural gas. 2. Grant of Ingress and Egress Easement Grantors do hereby convey and grant to Grantee a perpetual, nonexclusive easement for ingress and egress over, along, across, in and through the Grantor's Property, which easement shall he approximately located as shown and identified on Exhibit B, attached hereto and incorporated by reference. Grantee shall exercise its rights under this Agreement so as to minimize, and avoid if reasonably possible, interference with CD V Grantor's use of the Utility and Ingress and Egress Easement L') C Areas. Grantee shall, at all times, exercise its rights r4 hereunder in a manner so as to prevent bodily harm to persons and r+, damage to property. 3. Indemnification. Grantee agrees to indemnify, defend and hold `armless Grantor from and against all claims, suits, losses, expenses (including reasonable attorneys fees) or other liability arising from Grantee's gross negligence with regard to the permitted uses of the Easement. 29973 \8 \00074.EAS /1.25.96 Seattle 9609130558 4. Notices Notices required to be in writing under this Agreement shall be given as follows: If to Grantor: Helen Nelsen 15643 West Valley Highway Tukwila, WA 98188 w/a second notice to: If to Grantee: J.R. Nelsen 10750 Aurora Avenue Seattle, Washington 98133 Stuart McLeod 213 Lake Street South Kirkland, WA 98033 Notices shall be deemed of ecti,-e, if mailed, upon the second business day folio: ing de=posit thereof in the United States mails, postage prepaid, or upon delivery thereof if otherwise given. Either party nay change the address to which notices may be given by giving notice as above provided. 5. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Venue for any dispute regarding this Agreement shall be in King County, Washington. 6. Entire Agreement. This Agreement constitutes the entire agreement of the parties. Any modification to this Agreement shall be in writing and executed by both the Grantor and•the Grantee. 7. Easements to Run with the Land This Agreement and all rights granted and all duties created hereby shall run with the land, and shall bind and be obligatory 29973 \8 \50C74.EAS/1.25.46 SR5tY!° upon, and shall inure to the benefit of, the parties and their respective successors and assigns. GRANTOT : r 1 Helen B. Nelsen by James R. Nelsen Attorney in Fact GRANTEE STUART McLE9D STATE OF WASHINGTON 5S. COUNTY OF KING On this day of 1 ; ,; ; r;,':,� , 1996, ; ;efore me, a Notary Public n and for the State of Washington, personally appeared James R. Nelsen, personally, known to me (or proved to mc, on the basis of satisfactory evidence) to he the person authorized to execute this instrument on behalf of Helen B. Nelsen pursuant to a Durable Power of Attorney, on oath stated that he was authorized to execute the instrument, and acknowledged it to be the free and voluntary act and deed of said individual for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. 25973 \8 \00074.EASl1.25.96 Scatcte NOTARY PUBLIC in and for the Site of Washington, residing f u My appointment expires ', r l Print Name "41- y:./r,?,c1 3603130558 STATE OF WASHINGTON ss. COUNTY OF KING C}" ' , 1996, before me, a On this ., -_) day of � %!1 ;�.,i:� (, -� Notary Public in and for the State ofWashington, personally appeared Stuart McLeod, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it to be.ihe free and voluntary act and deed of said individual for the uses and purposes mentioned in the instrument. N. WITNESS WHEREOF, 1 have hereunto set any hared and official seal the day and year first above written 29973\8\00074 . easy 1.25.9 5eI: -t!e 11 A I NOTARY PUBLIC in and for th, S ate of Washington, residing at t' -�2 My appointmen.. expires , - !& .. / Print Name --7-' %09130558 EXHIBIT A A permanent easement for access and utilities th the SW 1/4, Section RTi and the City 1/4, In Section 25, T23N, R4E, of Tukwila; Said easement described as the Longacres access easement beginning at the eastern end of South 158th Street and eastern property line of PSP &L R -O -W to the western property line of the Burlington Northern Railroad and the westerly 22 feet of the easterly 52 feet of the portion of the parcel 000580- 0013 -03 north of the South 158th easement access road and between the Burlington Northern Railroad and the Union Pacific Railroad described as: That portion of Henry Meader Donation Claim No... 46 in Section 24 and 25, T23N, R4E, WM, lying west of the Burlington Northern Railroad right -of -way, east of the.O,regon- Washington Railroad and Navigation .Company right -of -way and south of a lire 137 feet south of the north line of said donation claim and north of the City of Seattle BOw Lake line right -of- way Situated in the City of Tukwila, County of King, State of Washington.