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HomeMy WebLinkAbout1966 - Easement - Lutes Burton / Lutes Viola - 5987150THIS AGREEMENT made this llth day of Januar 19 66 by and between the CITY OF TUTKWIL a municipal corporation of King County, Washi ngton hereinafter termed "Grantee and and termed "Grantor Water and storm drains only. ATTEST: BY: WITNESSETH: BURTON P. LUTES VIOLA B. L;J i LS WATER AND STORM DRAIN E A S E N E N? T That the said Grantor for valuable consideration does by these presents grant unto the Grantee a perpetual right -of -way or easement for utilities *with the necessary appurtenances through, over and across the following described property situated in King County, Washington, more particularly described as follows: (See Exhibit "A" attached hereto.) his wife, hereinafter That said Grantee shall have the right without prior institution of any suit or proceeding at law, at times as may be necessary, to enter upon said property for the purpose of constructing, repairing, altering, or reconstructing said utilities*or making any connections therefor; pro- vided that such constructing, repairing, altering, or reconstructing of said utilities*shall be accomplished in such a manner that the private improvements existing in this right-of-way shall not be disturbed or destroyed, or in the event they are disturbed or destroyed, they will be replaced in as good a condition as they were immediately before the property was entered upon by the Grantee. The Grantor shall retain the right to use the surface of said easement, so long as said use does not interfere with the installation and maintenance of the utilities*and so long as no permanent buildings or structures are erected on said easement. This easement shall be a covenant running with the land and shall be binding on the successors, heirs, and assigns of both parties hereto. BY: BY: BY: Title -1- STATE OF WASHINGTON ss COUNTY OF KING r.- I, the undersigned, a Notary Public in and for the State of Washington, hereby certify that on this llth day of January, 1966, personally appeared before me BURTON P. LUTES and VIOLA B. LUTES, his wife, who executed the foregoing instrument and acknowledged to me that they signed and sealed the same as their free and vol- untary act and deed, for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in this Certificate above written. Notary Public in and for the State of Washington, residing at Renton. AR 4749 PAcE214 Thi; utility easoment is through a portion of the following doecoi"ood tract: Oorsol (n) portion of the Stephen rester Donation Claim No. 38, Town- 0!1? 23 North, Range 4 East W.M., in Xing County, nashington, doscribed rs follows: noginning at a point and stake in the South line of said Donation Cloim, vohich is 926.45 feat South and 1499.40 foot East of the quarter soction corncr in tho West line of Section 14 of said township; running thonco East along the South lino of said Donation Claim 444.50 feet, o.ore o less, to a ooint and otahe in tho Westerly line of the right-of- way of the Seattle Taccrrn Interurban Railway; thence North 44°51' west olono said right of way line 39.53 foot, more or less, to a stake morking no southeast corner of the tract of land convoyed to Joseph Foster and eife to Philip X. ghorn by decd recorded in Volume 362 of deeds, Lo 625, Records of King County; thence. West along the South line of naid tract 444,50 foot, more, or lost:, to a stake marking the Southweot coonoo c3:: said tact; thonco South 45°49' East 39.53 foot, more or less, to the ocint of beginning; ENCEOT that portion thereof lying Yooth- nostorlo of a lino parallel with and distant GO ft. Southwosterly of tho Wootorly line or said right of way of the Seattle Tacoma Intor- urbon Roilwav horotoforo convcyad to King County for road purposes; and any lying within Lon Road (56th Avenue South) as establich- d; aLso nooreol (b) 000 l000000n of tho Stephen Foster Donation Claim No. 38, Tcm- fir 23 Range 4 East W.M., in Xing County, Washington, described at follows: ginning at a point in the Westerly lino of the right of way of L)ogot Sound Eloctric Railway, which point is 49 ft. Northerly from the intersoction of said Westerly line with the South line of said Dona- ion Lond Claim; thence along said Westerly lino North 45° West 512 ft„ mcro or less, to a point 397 ft. Southerly from its intersection o7th the southerly lino of an 18 foot lane (now known as South 137th Street); thence South 65° West, 211 ft. more or less, to pont which is 128 ft. North 65° East from the Easterly noog of Lomon Road (56th Avenue South) as established :2orch 9, 1906; th-nco South 45°49' East 85 foot; thence South GS° West 123 ft, to a point on said road margin which is South 45°49' East 541.25 ft, from the Southerly margin of said 10 foot ocadway; thence along said Lemon Road, South 45°49' 224 feet, more or loss, to an intersection with a line which is poraliel to the South line of said Donation Land Claim extending wootorly from the point of boginning; thence Easterly along snid oaoallel line to the point of beginning; EXCEDT the Easterly GO ft, in width heretofore conveyed to Xing County for road. This utility eacement consists of a 10 foot permanent easement lying 10 foot Nootherly of and measured at right angles to the South l'ne o Stephen Poster Donation Claim No. 33, in Township 23 North, nonge L East u.n., as established by Leonard I. Schroeter, Land Strvoyor, on SepteMber 3, 1965. -30=Tal =TO' a 20 foot temporary construction easement 14 ng 20 ft, Northerly of and measured at right angles to the southerly line of said Donation Claim No, 38. All 3 lying within the above described easements are- to be excludod from said easemonts. Filed for Record -7<24 7 19 Request of ROBERT. A; MORRIS, County Auditor 1