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Home My WebLink About1991 - Exchange of Easements - Nendel's Tukwila Associates / Nelsen Helen - 9111260669TAX NOT REQUIRED o pawfds o mww .6opuly EXCHANGE OF EASEMENTS (GRANT OF EASEMENTS) LJ WHEREAS, NENDEL'S TUKWILA ASSOCIATES, a partnership, (hereinafter referred to as "Nendel's is the owner of real property located in the City of Tukwila, King County, Washington, the legal description of which is as follows, (said property hereinafter referred to as the "Nendel's" property); to -wit: That portion of Henry Meader Donation Claim No. 46 in Section 24, Township 23 North, Range 4 East, W.M., King County, Washington, beginning at a point 32.17 ft. North of the intersection of the monumented line of State Road 181, being 72 ft. Westerly, measured at.right angles to the Easterly margin of said State Road 181 Right of -Way, with the monumented line of South 158th Street, being 28 ft. South, measured at right angles to the Northerly Right -of -Way line of said South 158th St., thence S 86 -04 -17 W 280.13 ft., thence N 7 -40 -58 W 20 ft. to the Point of Beginning. M From the Point of Beginning proceed 5- 7 -40 -58 E 20 ft., thence Lo CID N- 86 -04 -17 E to the West Margin of State Highway 181 (also known C D as West Valley Highway) Right of Way, thence Southerly .along the L Westerly margin of the Right -of -Way, thence Southerly along the Westerly margin of the Right -of -Way 495.69 ft., thence S 86 -04- 17 W to the Easterly Bank of the Green River, thence along the C am% Bank of the Green River Westerly and then Northerly to a point which bears S 86 -04 -17 W approximately 458 ft. from the Point of Beginning, thence N 86 -04 -17 E to the Point of Beginning, EXCEPT that portion thereof condemned in Superior Court Cause No. 592029; and EXCEPT the Southeasterly 10 ft. in width adjacent to the above Cause No. 592029; situated in King County, State of Washington; and WHEREAS, HELEN B. NELSEN, a single person (hereinafter re- ferred to a "Nelsen is the owner of real property located in the City of Tukwila, King County, Washington, contiguous to the "Nendel's" property described above, on the North and the West, the legal description of which is as follows, (said property hereinafter referred to as the "Nelsen" property) to -wit: That portion of the Henry Meader Donation Claim No. 46 in Section 24, Township 23 North, Range 4 East, W.M., King County, Washington, beginning at the intersection of the monumented line of State Road 181 (also known as West Valley Highway) being 72 ft. Westerly, measured at right angles to the Easterly margin of said State Road Right -of -Way, with the monumented line of South 158th St., being 28 ft. South, measured at right angles to the Northerly Right -of -Way line of said South 158th St., thence Northerly along the monumented line of said State Highway 181 32.17 ft., thence S 86 -04 -17 W 60.13 ft. to the West margin of the State Highway 181 Right -of -Way line, which is the Point of Beginning. From the Point of Beginning proceed S 86 -04 -17 W 220 ft., thence N 7 -40 -58 W 20 ft., thence S 86 -04 -17 W approximately 458 ft. to the East Bank of the Green River, thence Northerly along the East Bank to a point that bears S 85- 21 -00 -W from a point on the monumented line of the said State Highway 181 that is 261.51 �.o C6 e 0 io ti 0 a X 0 -y R o a 0 g Page One NW MV ft. North from the intersection of the monumented lines of State Highway 181 and S. 158th St., which intersection is mentioned in the paragraph above, thence N 85- 21 -00 -E to the Westerly margin of State Highway 181 Right -of -Way which is 78 ft. West of the monumented line of State Highway 181, thence Southerly along the West margin of the Right -of -Way approximately 233 ft. to the Point of Beginning, EXCEPT that portion thereof condemned in Superior Court Cause No. 592029; situated in King County, State of Washington; and WHEREAS, "Nendel's" desires to obtain an easement on a portion of the "Nelsen" property for landscaping purposes; and "Nelsen" desires to obtain an easement on a portion of the "Nendel's" property for purposes of ingress and egress as well as three (3) access points into the "Nendel's" property; and WHEREAS, "Nelsen" caused to be prepared by Kenneth J. Oyler C.E.,B.L.S., a certain map, bearing the date of April 29, 1989, designated "Helen B. Nelsen Home Tract" (Job No. 89009), drawn to scale, showing portions of the "Nendel's" and "Nelsen" properties relative to the easements the subject of this instrument, a copy Cjr) of which is attached hereto, marked Exhibit "A" and thereby made CLD C.D a part hereof; O CC) C%! NOW THEREFORE, in consideration of the exchange of easements, hereinafter set forth, the parties hereto each specifically grant M the following easements one to the other, to -wit: I. HELEN B. NELSEN, a single person, hereby grants unto NENDEL'S TUKWILA ASSOCIATES, A PARTNERSHIP, an easement for land- scaping purposes in and upon the easterly ten (10) feet of the aforedescribed "Nelsen" property as it abuts the westerly boundary of the aforedescribed "Nendel's" property, all as shown in red on attached Exhibit "A being Ten (10) feet in width and extending in length Two Hundred Twenty Five (225) feet in length, more or less, containing 2,252 square feet, more or less, legally described as follows: That portion of Henry Meader Donation Claim No. 46 in Section 24, Township 23 North, Range 4 East, W.M., King County, Washington, commencing at the intersection of the monumented line of State Road No. 181, being 72 feet Westerly, measured at right angle to the Easterly margin of said State Road with the monumented line of South 158th Street being 28 feet South, measured at a right angle to the Northerly Right -of -Way line of said South 158th Street, said intersection being represented by a punched railroad spike. From this point continue North 7 41 West along said monumented line of State Road No. 181 a distance of 32.17 feet, Page Two thence South 86 °04'17" West 280.13 West 20 feet, thence South 86 °04'1 feet to the Easterly border of the Court Cause No. 592029, this point and the end of the line designated between Helen B. Nelsen's property property to the South. feet, thence North 7 °40 7" West approximately 369.63 portion condemned in Superior being the true point of beginning as "A which is the border to the North and Nendel Inn's From this true point of beginning continue South 21 27' 39" West along the Easterly border of the portion condemned in Superior Court Cause No. 592029 approximately 225 feet to the Existing Concrete Right -of -Way Marker, thence at a right angle 10 feet to the East, thence approximately 225.4 feet North 21 27' 39" East to the line designated "A" above, thence approximately 10.4 feet Westerly along Line "A" to the point of beginning. A. Grantee, "Nendel's may retain and maintain the existing curbing /paving within said easement area presently used for parking in connection with the use of the aforedescribed "Nendel's" property. B. This easement shall run with the land, the aforedescribed "Nendel's" property, which is the dominant estate; and shall be a servitude upon the aforedescribed "Nelsen" property, which is the servient estate. M II. NENDEL'S TUKWILA ASSOCIATES, A PARTNERSHIP, hereby grants co CO unto HELEN B. NELSEN, a single person, a non exclusive easement co N for ingress and egress to and from the aforedescribed "Nelsen" M property, over and upon the a- for_e_des_cribed "Nendel's" property, specifically over and upon the existing hard surface area (driveway) lying immediately south of the existing curbing, along the Northern boundary of the "Nendel's" property, a distance of Five Hundred Ninety Eight (598) feet, more or less. The easement hereby granted is thirty (30) feet in width. A. The access to and from the "Nendel's" aforedescribed property from the easement area shall be limited to the Three (3) access points, each Twenty (20) feet in width, identified on attached Exhibit "A" as proposed access points 1, 2 and 3, and shown thereon in yellow, to -wit: ACCESS POINT NO. 1 Commencing One Hundred Twnety (120) feet, more or less, West of the Northeast corner of the afore- described "Nendel's" property, in a line directly south of the center line of the existing South to North driveway to the residence on the afredescribed "Nelsen" property. Page Three ACCESS POINT NO. 2 Commencing Three Hundred Thirty- Eight (338) feet, more or less, West of the Northeast corner of the "Nendel's" aforedescribed property. ACCESS POINT NO. 3 Commencing Five Hundred Ninety- Eight (598) feet, more or less, West of the Northeast corner of the aforedescribed "Nendel's" property (on the Westerly Boundary of the "Nendel's" property, immediately South of the Existing curbing along the Northern Boundary of the said "Nendel's" property). B. Said Three Access Points may be relocated only by written agreement between the fee owners of the "Nendel's" and "Nelsen" properties. C. Except for said Three Access Points to and from the "Nendel's" property, there shall be no further points of entry to or from the "Nelsen" property onto the easement area. D. Removal of existing curbing required in order to utilize M said points of access, shall be a cost to be borne by "Nelsen CLD Co CZ) E. The use of the easement area shall be NON EXCLUSIVE, CC) N and the owner of the "Nendel's" property shall be entitled to use, 0-) permit or grant the use of the easement to others for any and all purposes so long as such does not unreasonably interfere with the use of the easement area by "Nelsen" as herein granted. F. Should South 158th Street be extended Westerly of SR 181 (The West Valley Highway) in such a manner that the "Nelsen" property as described above has, along its southern boundary, right of direct access to South 158th Street; then and in such event the easement shall be terminated in its entirety. G. This easement shall run with the land aforedescribed "Nelsen" property which is the dominant estate; and shall be a servitude upon the aforedescribed "Nendel's" property, which is the servient estate. Page Four W DATED this /(P L day of October, 1991. �6//- HELEN B. NELSEN NENDEL'S TUKWILA ASSOCIATES, A PARTNERSHIP B y,N46 r SHERRY S. MOORE, TRUSTEE T.M. TR T, :A By y°-� G RITY, PARTNER FOR A PARTNER 7 STATE OF WASHINGTON ss. COUNTY OF KING On this day personally appeared before me HELEN B. NELSEN to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 114- day of C?� October, 1991. CD C.� O Co i ARY PU in arfef for N the State of Wa ington, residing at „r �-.7 CT My Commission expires 7/01/92. STATE OF OREGON ss. COUNTY OF WASHINGTON) I certify that I know or have satisfactory evidence that SHERRY S. MOORE, TRUSTEE OF T.M. TRUST, a partner in NENDEL'S TUKWILA ASSOCIATES, A PARTNERSHIP, signed this instrument, and on oath stated that she is authorized to execute the instrument for and on behalf of said Partnership, and that such execution was the free and voluntary act and deed of said Partner, for the uses and purposes mentioned in the instrument. GIVEN under my hand and official seal this day of -9 r- 19 91. �lO4R PUBS! MILLER Foy Com ss:or PxpiresC OR STATE OF WASHINGTON ss. COUNTY OF SNOHOMISH NOTAVW8 B i! and for the State of Oregon, residing at My Commission expires 7G >cl I certify that I know or have satisfactory evidence that PATRICK GARRITY, A PARTNER IN NENDEL'S TUKWILA ASSOCIATES, A PARTNERSHIP, signed this instrument, and on oath stated that he Page Five a MW is authorized to execute the instrument for and on behalf of said Partnership, and that such execution was the free and voluntary act and deed of said Partner, for the uses and purposes mentioned in the instrument. GIVEN under my'hand and official seal this day of =0 1991. Nove NOTARY PUBLtA/ in and for the State of Washing on, F residing at My Commission expires STATE OF WASHINGTON ss. COUNTY OF SNOHOMISH M Co Q co I certify that I know or have satisfactory evidence that JOYCE EBERT, A PARTNER IN NENDEL'S TUKWILA ASSOCIATES, A PARTNERSHIP, signed this instrument, and on oath stated that she is authorized to execute the instrument for and on behalf of said Partnership, and that such execution was the free and voluntary act and deed of said Partner, for the uses and purposes mentioned in the instrument. GIVEN under my hand and official seal this day of November 1991. 4W HQV //Y��9 :h C� NOTARY J LIC in rfd for Y• the State of Wa hington, residing aty�• INAV 1 &Y P110 My Commission expires Page Six