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Home My WebLink About2014 - Amended and Restated Private Ingress / Egress and Utilities Easement and Maintenance Agreement - Orcas Homes - 20140612000405• After recording please return to: PL/1 -id i e7 A AJ '�J , 3410 M / I''/ Avg. S . StE 1,04 (41y 11111 1111111 111111111 20140612000405 FLANIGAN AMND 76.00 PAGE -001 OF 005 06/12/2014 12:01 KING COUNTY, UA AMENDED AND RESTATED PRIVATE INGRESS/EGRESS AND UTILITIES EASEMENT AND MAINTENANCE AGREEMENT City of Tukwila Short Plat No. L14-0028 Grantor: Grantee: Grantor legal description: 14e �' - - ti201 D1'z 1 Orcas Homes, LLC (owner of Lots 1 and 2 - city of Tukwila Short Plat No. L14-0028, owner of Lots 2, 3 and 4, city of Tukwila Short Plat No. L12-034) Orcas Homes, LLC (owner of Lots 1 and 2 - city of Tukwila Short Plat No. L14-0028, owner of Lots 2, 3 and 4, city of Tukwila Short Plat No. L12-034) Lot 1 of city of Tukwila Short Plat No. L14-0028 Commonly known as 4337 South 160"' Street, hereinafter referred to as Lot 1. Assessor's tax parcel number: 5379800040 Lot 2 of city of Tukwila Short Plat No. L14-0028 Commonly described as 4237 South 160°i Street, hereinafter referred to as Lot 2. Has not been assigned a new tax parcel number yet. Lot 2 of city of Tukwila Short Plat No. L12-034 Commonly described as 4243 South 160" Street, hereinafter referred to as Lot 2. Assessor's tax parcel number: 5379800042 Lot 3 of city of Tukwila Short Plat No. L12-034 Commonly described as 4241 South 160'" Street, hereinafter referred to as Lot 3. Assessor's tax parcel number: 5379800044 Lot 4 of city of Tukwila Short Plat No. L12-034 Commonly described as 4239 South 160'" Street, hereinafter referred to as Lot 4. Assessor's tax parcel number: 5379800046 AMENDED AND RESTATED PRIVATE INGRESS/EGRESS AND UTILITIES EASEMENT AND MAINTENANCE AGREEMENT - 1 Grantee legal description: Lot 1 of city of Tukwila Short Plat No. L14-0028 Commonly known as 4337 South 160th Street, hereinafter referred to as Lot 1. Assessor's tax parcel number: 5379800040 Lot 2 of city of Tukwila Short Plat No. L14-0028 Commonly described as 4237 South 160''' Street, hereinafter referred to as Lot 2. Has not been assigned a new tax parcel number yet. Lot 2 of city of Tukwila Short Plat No. L12-034 Commonly described as 4243 South 160th Street, hereinafter referred to as Lot 2. Assessor's tax parcel number: 5379800042 Lot 3 of city of Tukwila Short Plat No. L12-034 Commonly described as 4241 South 160"' Street, hereinafter referred to as Lot 3 of Short Plat No. L12-034 Assessor's tax parcel number: 5379800044 Lot 4 of city of Tukwila Short Plat No. L12-034 Commonly described as 4239 South 160th Street, hereinafter referred to as Lot 4 of Short Plat No. L12-034 Assessor's tax parcel number: 5379800046 THIS AMENDED AND RESTATED EASEMENT AGREEMENT for private ingress/egress and utilities easement and maintenance agreement entered into the undersigned day by ORCAS HOMES, LLC, a Washington limited liability company, both as grantor and grantee. This easement agreement for private ingress/egress and utilities easement and maintenance agreement hereby amends and replaces the agreement for private ingress/egress and utilities easement and maintenance agreement entered into by grantor and grantee pursuant to city of Tukwila Short Plat No. L12-034, recorded with Department of Records & Elections for King County, recording number 20140221000021. 1. Description of easement for private ingress/egress and utilities easement and maintenance agreement. This easement for private ingress/egress and utilities easement and maintenance agreement hereby benefits and burdens lots 1 and 2 of Short Plat No. L14-0028, lots 2, 3 and 4 of Short Plat No. L12-034. The general description of the easement is that it is approximately 24 feet wide running from west to east and approximately 150 feet in length, primarily impacting lots 2, 3 and 4 of Short Plat No. L 12- 034, and extending along the east boundaries of a portion of lot 2 of Short Plat No. L12-034 and all of lot 1 approximately 25 feet wide and legally described as follows: Ingress/egress and utilities easement over a portion of lots 2, 3 and 4 of city of Tukwila Short Plat No. L12-034 and lots 1 and 2 of city of Tukwila Short Plat No. L14-0028. AMENDED AND RESTATED PRIVATE INGRESS/EGRESS AND UTILITIES EASEMENT AND MAINTENANCE AGREEMENT - 2 Legal description of ingress/egress and utilities easement area: Beginning at the northeast corner of Lot 1 of this short plat; thence, along the east boundary of said Lot 1, S00°33'20"W, 175.40 feet; thence N 89°10'00"W, 25.00 feet; thence N00°33'20"E, 15.10 feet; thence along a tangential curve to the left having a radius of 20.00 feet, an arc length of 31.32 feet; thence N89°10'00"W, 105.10 feet; thence N00°33'20"E, 24.00 feet; thence S89°10'00"E, 104.90 feet; thence along a tangential curve to the left having a radius of 20.00 feet, an arc length of 31.51 feet; thence N00°33'20"E, 56.30 feet; thence N14°48'05"W, 41.54 feet, to the south margin of S 160' Street; thence, along said south margin S89°10'00"E, 36.00 feet to the point of beginning. Attached hereto and incorporated herein as Exhibit A, is a map identifying the access/utility easement. 2. Use of easement area. This easement is for the sole purpose of the construction, use and maintenance of an ingress/egress and utilities easement. The grantor/grantee shall install any improvements in said ingress/egress and utilities easement at their sole cost and expense and shall continue to maintain and shall continue to bear all costs of repair and maintenance, or repair of said ingress/egress and utilities easement. 3. Third party rights. The easement area and any of its improvements are for the sole use and benefit of the grantors/grantees, and no party or owner shall grant rights of any kind whatsoever concerning the easement without the prior written consent of the other owners. The area shall be maintained in perpetuity in order to allow free and reasonable passage for ingress, egress and utilities as may be reasonable or necessary so that all parties may enjoy the full and free use of the easement area as set forth above. 4. Compliance with government mandates. Grantor/grantee shall at all times exercise the rights herein in accordance with the requirements of all applicable statutes, ordinances, rules, and regulations of any public authority having jurisdiction. 5. Runs with the land. The easement rights granted under this agreement shall run with the land and shall be binding upon and inure to the benefit of the grantor/grantee, their heirs, successors and assigns. 6. Easement rights. The easement rights granted herein shall also not be merged or lost on account of common ownership of the properties governed by this easement agreement. This easement and agreement may be amended only with the written agreement of the grantor/grantee herein, their heirs and/or assigns. 7. Law governing. This easement shall be governed by and construed in accordance with the laws of the State of Washington. 8. Severability. If any term or provision of this easement shall be invalid or unenforceable, the remainder of the easement rights granted herein not affected thereby shall be valid and enforced as written to the fullest extent permitted by law. AMENDED AND RESTATED PRIVATE INGRESS/EGRESS AND UTILITIES EASEMENT AND MAINTENANCE AGREEMENT - 3 Dated this // day of June, 2014. GRANTOR/GRANTEE ORCAS HOMES, LLC obert D .tnbabin, Sr., managing member State of Washington ss County of King ) On this J( day of >JE , 2014, before me, the undersigned, a Notary Public in and for the state of Washington, duly commissioned and sworn, personally appeared Robert Dunbabin, Sr. to me known to be the managing member of Orcas Homes, LLC, the limited liability company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed is the corporate seal of said limited liability company. Witness my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC in and for the st .te of Washington, residing at: ea 1N/' My commission expires: t ! /L�'/ Zd/ to AMENDED AND RESTATED PRIVATE INGRESS/EGRESS AND UTILITIES EASEMENT AND MAINTENANCE AGREEMENT - 4 ., EXHL •> IT A S. 160TH STREET N89' 10`00°W 56.00' $1 LOT 2 a Vr^ (la,000 SQ. Fp (14,70 SQ. FT NEV) 4237 S 160TH STREET 150.00' L REG. NO. 201 0221000022 ! I ONE STORY f HOUSE (T0 REMMN) f 50.00' q LOT4 (7,750 SQ. FT) (6,750 SQ. FT NEI) 4239 S 160TH STREET ig 10' 858f. 50.00' M 8 50.00' 24' a ocESS/0'MM EASEMENT REC. NO. 20140221000021 50.00' LOT 3 (7,750 SQ. FT) (6,750 5Q. FT NET) 4241 5 160TH STREET 10:ESt3L 50.00' ��(( N89.10'U0'W LOT 2 (7,750SQ.Fr) (5,790 SQ. FT NET) 4243 S 160TH STREET 10'BSffi 50.0