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Home My WebLink About2015 - Private Tract A Access and Utilities Easement and Maintenance Agreement - Orcas Homes - 20150603000047When Recorded Return to: ORCAS Homes, LLC 1100 Dexter Ave N, Suite 275 Seattle, WA 98109 111 01111100111101 � tl 20150603000047 ORCAS HOMES LL EAS 76.00 PAGE -001 OF 005 06/03/2015 09:02 KING COUNTY, WA PRIVATE TRACT 'A' ACCESS AND UTILITIES EASEMENT AND MAINTENANCE AGREEMENT V 0 EXCISE TAX NOT REQUIRED King Co. re00O mesion By urate City of Tukwila Short Plat No. L13-041 GRANTOR: ORCAS Homes, LLC — (Owner of Parent Parcel, legal description listed below, which includes Lots 1 thru 9 of City of Tukwila Short Plat No. L13-041) GRANTEE: ORCAS Homes, LLC — (Owner of Parent Parcel, legal description listed below, which includes Lots 1 thru 9 of City of Tukwila Short Plat No. L13-041) Parent Parcel - Legal Description TRACTS 6 AND 7, BLOCK 3, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, •PAGE(S) 31, RECORDS OF KING COUNTY, WASHINGTON. Parent Parcel - Assessors Tax Parcel Nos. 004000-0375 / 004000-0380 Grantor Parcel — Lots 1 thru 9 of City of Tukwila Short Plat No. L13-041 Grantee Parcel - Lots 1 thru 9 of City of Tukwila Short Plat No. L13-041 THIS EASEMENT AND MAINTENANCE AGREEMENT is made and entered into by and between; Owner of Parent Parcel, legal description listed above, which includes Lots 1 thru 9 of City of Tukwila Short Plat No. L13-041). And is for the benefit of the Grantor's and Grantee's properties. For and in consideration of the mutual covenants, an agreement hereinafter expressed and other good and valuable considerations, in hand paid, receipt of which is hereby acknowledged, the parties hereto agree as follows: 1. The owner of the above described land does hereby define, grant and convey to the present and future owner(s) (Grantee) of the land described as follows: Page 1 of 4 An exclusive perpetual Ingress/Egress, Storm Drainage and Utilities Easement over, across, along, in, upon and under that portion of said Grantor's land described as follows: INGRESS/EGRESS, STORM DRAINAGE AND UTILITIES EASEMENT OVER A PORTION OF LOTS 1 THRU 9 OF CITY OF TUKWILA SHORT PLAT L13-041 LEGAL DESCRIPTION OF INGRESS/EGRESS, STORM DRAINAGE AND UTILITIES EASEMENT AREA: THAT PORTION OF TRACTS 6 AND 7, BLOCK 3, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A CONCRETE MONUMENT MARKING THE INTERSECTION OF 42ND AVENUE SOUTH AND SOUTH 144TH STREET; THENCE SOUTH 87°49'10" EAST, ALONG THE CENTERLINE OF SAID SOUTH 144TH STREET, 659.69 FEET; THENCE SOUTH 01°08'52" WEST 20.00 FEET TO THE SOUTH MARGIN OF SAID SOUTH 144TH STREET, THE NORTHWEST CORNER OF SAID TRACT 6; THENCE SOUTH 87°49'1 0" EAST, ALONG SAID SOUTH MARGIN 103.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID MARGIN, SOUTH 87°49'10" EAST 25.00 FEET; THENCE SOUTH 01°08'52" WEST 169.37 FEET TO A POINT OF CURVATURE; THENCE ON A CURVE TO THE LEFT, WITH A RADIUS OF 20.00 FEET, AN ARC OF 31.07 FEET; THENCE SOUTH 87°'51'43" EAST 47.34 FEET; THENCE SOUTH 01°08'52" WEST 20.00 FEET; THENCE NORTH 87°5P43" WEST 156.50 FEET; THENCE NORTH 01°08'52" EAST 20.00 FEET; THENCE SOUTH 87°51'43" EAST 44.14 FEET TO A POINT OF CURVATURE; THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 20.00 FEET, AN ARC OF 31.76 FEET; THENCE NORTH 01°08'52" EAST 168.70 FEET TO THE SOUTH MARGIN SAID SOUTH 144TH STREET AND THE TRUE POINT OF BEGINNING. 2. This easement is for the sole purpose of the construction, use and maintenance of an Ingress/Egress, Storm Drainage and Utilities Easement. 3. Grantor and Grantee shall install improvements in said Ingress/Egress, Storm Drainage and Utilities Easement. Grantor and Grantee shall continue to maintain and bear all cost of repair and maintenance or repair of said Ingress/Egress, Storm Drainage and Utilities Easement. Each participating property will bear a one -ninth (1/9) responsibility of the cost to maintain said private road, storm drainage, and utilities easement. 4. Grantee shall hold Grantor harmless from and against any and all claims which may be made against Grantor arising out of the installation, operation, maintenance or repair or said Ingress/Egress, Storm Drainage and Utilities Easement. Page 2 of 4 5. The herein easement and agreement may be amended only with the written agreement of the Grantee herein, his heirs and/or assigns. 6. It is the intent of the grantor that this agreement shall not be extinguished by the doctrine of merger. DECLARRATION OF COVENANT Upon the recording of this plat, Tract 'A' is hereby granted and conveyed to the Plat of Foster Homeowners' Association (HOA) for drainage purposes. All necessary maintenance activities for said Tract(s) will be the responsibility of the HOA. In the event that the HOA is dissolved or otherwise fails to meet its property tax obligations, as evidenced by non-payment of property taxes for a period of eighteen (18) months, then each lot in this plat shall assume and have an equal and undivided ownership interest in the Tract previously owned by the HOA and have the attendant financial and maintenance responsibilities. This easement agreement shall run with the Iand and shall be binding on all parties having or acquiring any right, title or interest in the land descried herein or any part thereof. Page 3 of 4 IN WITNESSEREOF, said individual have caused this instrument to be executed this day of b.i /5". , 2015. rancor / -6rantee / Property Owner STATE OF WASHINGTON ) )ss. COUNTY OF KING I certify I have know or have satisfactory evidence that , t,t6iii is the person who appeared before me, and said person acknowledged that he signed this instrument on oath stated that he was authorized to execute the instrument and acknowledge as the K4 irl a q e ( of the ORCAS Homes, LLC, a Washington State limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated (;t %i ! 7015 E4 ry Notary Public in and for , State of Washington residing at Fed ra.I Wvtj wA 1.o'Iembe( 2(0.0i., My appointment expires Page 4 of 4 DEPICTION OF PRIVATE TRACT "A" ACCESS & UTILITIES 10' PUBLIC SIDEWALK & PUBLIC UTILITY EASEMENT A S. 144TH STREET SB7V951E 20' PRIVATE DRAINAGE EASEMENT SSEWER ASEMENT 10350' 58 7 4 711 7= LOT 9 10' SIDEWALK & UTILITY EASEMENT 10' SIDEWALK & UTIUTY EASEMENT LO \ \ (6,593 $QT 7 fl,) SEV•SP T 4l.1Y L 25' PRIVATE DRAINAGE EASEMENT RESTRICTIVE COVENANT KC #20140528001287 LOT 6 LOT 5 64.50 LOT 3 LOT 4