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HomeMy WebLinkAbout2013 - Private Ingress, Egress, Storm Systems and Utilities Easement - Overbeck Julia / 144th Street REO Partners - 20131001001350Return Address: Document Title: Grantor: Grantee: Legal Description: Reference Number: Tax ID Numbers: iIIIIIIOhII011hIOIUOIii 11 20131001001350 OVERBECK S EAS 80.00 PAGE -001 OF 009 10/01/2013 13:41 KING COUNTY, WA EXCISE TAX NOT REQUFx ED King Co. rds Deputy By, Julia D. Overbeck 4620 S. 148th Street Tukwila, WA 98168 (206) 787-0259 i Private Ingress, Egress, Storm System and Utilities Easement Julia D. Overbeck, as her separate estate; and 144711 St REO Partners LLC, a New Mexico limited liability company. Julia D. Overbeck, as her separate estate; and 144"; St REO Partners LLC, a New Mexico limited liability company. A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN N/A 004000-0088 and 004000-0094 PRIVATE INGRESS, EGRESS, STORM SYSTEM AND UTILITIES EASEMENT THIS PRIVATE INRESS, EGRESS, STORM SYSTEM AND UTILITIES EASEMENT is entered into by and between Julia D. Overbeck, as her separate estate; and 1447" St REO Partners LLC, a New Mexico limited liability company; "Grantor", having ownership in properties described as follows: A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN SEE EXHIBIT "A" and Julia D. Overbeck, as her separate estate; and 144` St REO Partnership LLC; the "Grantee", having ownership in the property described as follows: A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN SEE EXHIBIT "B" For and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, Grantor hereby conveys, grants and warrants to Grantee a permanent non-exclusive Easement for private ingress, egress, storm system and utilities, including appurtenances, under, over, through, upon, and across the real property legally described as follows: A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN SEE EXHIBIT "C". Grantee shall have the right, without prior institution of any suit or proceeding at law, at times as may be necessary, to enter upon the Easement and adjoining property owned by Grantor for the purposes of installing, constructing, operating, maintaining, removing, repairing, replacing and using the private ingress, egress, storm system and utilities improvements, together with all the connections and appurtenances thereto of associated utilities systems. The Grantee shall, if the Easement is disturbed by the maintenance, removal, repair, or replacement any portion of the above improvements restore the surface of the Easement to a condition substantially equal to the condition that existed prior to the commencement of the maintenance, removal, repair, or replacement. The Grantor shall have the right to use the surface of said Easement area so long as Grantor's use does not interfere with the work of repairing, removing, replacing and adding to the private ingress, egress and utilities improvements, provided that no permanent building or structure of any kind shall be located on said Easement. The construction and installation of asphalt or concrete surfaces by Grantor is permitted. If the subject property is further subdivided in the future, all private ingress, egress, storm system and utilities improvements must be installed in accordance with the requirements and codes in effect in the City of Tukwila at the time of permit application for those improvements. A minimum of sixty percent majority of the owners may initiate an improvement or repair action. All owners shall share all associated costs on an equal basis, with no fees allowed for administration by one or more of the owners. All funds shall be due at the time that the work is billed by the respective contractor or professional. Independent payment schedules may be used if agreed upon by the majority of the owners. In the event that funds are not paid when due, the aggrieved owner or owners may initiate an action to collect the funds and shall be entitled to costs and a reasonable attomey's fee upon recovery. All property owners having interest in this easement acknowledge, in the event of an emergency or the eminent possibility of damage to adjacent properties, the right of the City of Tukwila to enter onto said easement and perform necessary maintenance or repairs to restore proper function of the drainage system and/or other utilities. Such work must be limited to the effort necessary to restore the level of function of such drainage system and/or other utilities to that obtained under the originally approved and installed system or systems at the time of the origination of the short plat forming the subject lots. Such entry and maintenance or repair work will be done only upon notification of all property owners, excepting situations of a bona fide emergency nature in which time does not allow such notification. The City of Tukwila is authorized in the event of such work as noted above to receive reimbursement for the above such services, provided that the property owners reserve the right to review, after the fact, full documentation of the need for such services and to inspect and comment upon documentation of labor, equipment and materials resources expended. Should disputation arise between any of the property owners and the City of Tukwila relating to the above, appeals will be made to the Director of Public Works and/or the City Council and/or the Office of the Mayor. This easement and the covenants herein shall be covenants running with the land and shall benefit and bind the parties and their respective successors and assigns. Grantor warrants that Grantor has good title to the property, and warrants Grantee's title to and quiet enjoyment of the Easement conveyed herein. Dated this day of QTY , 2013. STATE OF WASHINGTON) ) SS. COUNTY OF KING GRANTOR (S) Notary Public State of wahing�tonn DEBBIE A. SUELZLE MY COMMISSION EXPIRIS Minh 28, 2017 I certified that I know or have satisfactory evidence that 1411A by -e . L is the person who appeared before me, and said person acknowledged that he/she signed this instrument and acknowledged it to be his/her free and voluntary act for the uses purposes mentioned in the instrument. DATED this D- (o day oft/, 2013 NOTARY PUBLIC in and for the State tashington, residing at My Appointment expires Dated this ) day of fOla , 2013. GRANTOR (S); manager of 144th st REO Partners, Ilc OffeLxvol- STATE OF WASHINGTON) SS. COUNTY OF KING ) On this 1st day of October, 2013, before me the undersigned, a Notary Public in and for the State of Washington, duly appointed and sworn personally appeared Julia Overbeck to me known to be the manager of 144th st REO, Ilc 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 corporation, for the uses and purposes therein mentioned and on oath stated that Julia Overbeck authorized to execute the said instrument and that the seal affixed (if any) is the corporate seal of said corporation. Given under my hand and official seal the day and year last above written. DATED this t day of Oc Obe ( , 2013 NOTARY PUBLIC in and for the State gf�Vashi,ngton, residing at �l 3 .2,L. My Appointment expires 3j7-5jxan EXHIBIT "A" LEGAL DESCRIPTION OF GRANTOR PROPERTIES Parcel 1 PN: 004000-0088 Julia D. Overbeck, as her separate estate THE EAST 65.15 FEET OF LOT 4, BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING :COUNTY, WASHINGTON. EXCEPT THE NORTH 3.5 FEET THEREOF AS CONVEYED TO THE CITY OF TUKWILA BY DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 200.50518000267. SITUATE IN THE CITY OF TUKWZLA, COUNTY OF KING, STATE •OF WASHINGTON. Parcel 2 PN: 004000-0094 144TH St REO Partnership LLC, a New Mexico limited liability company LOT 5 IN BLOCK 2 OF ADAMS HOME TRACTS, AS PER PLATA. DED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING CAIJNt'r AUDITOR; • EXCEPT THE EAST 60 FEET THEREOF; AND EXCEPT THE NORTH 10 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED JULY 27, 1966, UNDER RECORDING NO. 6060692. SITUATE IN THE CITY OF TUKWZLAP COUNTY OF IC4iG,$TA1E OF WASHINGTON. EXHIBIT "B" LEGAL DESCRIPTION OF GRANTEE PROPERTIES Parcel 1 PN: 004000-0088 Julia D. Overbeck, as her separate estate THE EAST 65.15 FEET OF LOT 4, BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING'COUNTY, WASHINGTON. EXCEPT THE NORTH 3.5 FEET THEREOF AS CONVEYED TO THE CITY OF TUKWILA BY DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 20050518000267. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING STATE OF WASHINGTON. Parcel 2 PN: 004000-0094 144'" St REO Partnership LLC, a New Mexico limited liability company LOT 5 IN BLOCK 2 OF ADAMS HOME TRACTS, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY AUDITOR; EXCEPT THE EAST 60 FEET THEREOF; AND EXCEPT THE NORTH 10 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED JULY 27, 1966, UNDER RECORDING NO. 6060692. SITUATE IN THE CITY OF TUKWILA, COUNTY OF. KING, STATE OF WASHINGTON. EXHIBIT "C" LEGAL DESCRIPTION OF EASEMENT FOR ACCESS, EGRESS, STORM SYSTEM AND UTILITIES THE EAST 13.21 FEET OF THE FOLLOWING DESCRIBED PARCEL: THE EAST 65.15 FEET OF LOT 4, BLOCK 2, ADAMS HOME'tRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN 1f 'COUNTY, WASHINGTON. EXCEPT THE NORTH 3.5 FEET THEREOF AS CONVEYED TO THE .CITY OF TUKWILA BY DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 200$05160.00267. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE -OF WASHINGTON. TOGETHER WITH THE WEST 16.79 FEET OF THE NORTH 199.87 FEET OF THE FOLLOWING DESCRIBED PARCEL: LOT 5 IN BLOCK 2 OF ADAMS HOME TRACTS, AS PER 'PLAT 'REC,CactED IN VOUJME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY AUDITOR; EXCEPT THE EAST 60 FEET THEREOF; AND EXCEPT THE NORTH 10 FEET THEREOF CONVEYED TO KING'COUNTY FOR ROAD PURPOSES BY DEED RECORDED JULY 27, 1966, UNDER RECORDING NO. 6060692. SITUATE IN THE CITY OF TUKWILA, COUNTY OP.IQNO;:$TATE OF WASHINGTON. — 3.5' coneyed to the City of Tukwila Rec. #10050517 South 744th Street 1167'3.5'33" 1f (c) er6735'52"W (m) 2107.01' North end 4' chain link fence Is 0.3' north & 0.9' east of eet rebor w/oapj 1trti 1 f 4) t i i 23 # f 22 EASEMENT MAP NORTH A a 1 1 INCH = 40 FEET §31 Y-- --CMS" .__1.1 20 0• Eta Rec. /6061 Silt/ - 1.-7\ 18 i 19 t 4 17 16 1 27 26 l 1 ' 24 186.92'I It g "21 24 25 =SS AND UTILITIES TRACT 244.70' A 5 i 7 13 O24(zoc.3e'-4.s`i'x /5,7•e7')