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Home My WebLink About1979 - First Amendment to Easement and Maintenance Agreement - Southcenter Associates et al - 7910040768i FIRST AMENDMENT TO EASEMENT AND MAINTEANNCE AGREEMENT This agreement is entered into this -7 d" day of August, 1979 as a First Amendment to that certain Easement and Maintenance Agreement dated February 3, 1979, recorded February 14, 1979 under King County receiving number 7902141402. WHEREAS,'Paragraph 3(b), Page 2 of said Agreement provides for certain easements for sanitary and storm drain- age easements (therein denominated "easement (d) across the southerly fifteen (15) feet of Parcel B, all as more fully described on Exhibit "B" hereto, and WHEREAS, the undersigned are successors to the original parties to said Agreement, and WHEREAS, certain storm drainage and sanitary sewer lines and appurtenances have been constructed within said easement, portions of which lines and appurtenances are utilized jointly by both Parcels A and B as described therein, NOW, THEREFORE, it is hereby agreed as follows: 1. Each party hereby grants to -the other party a permanent and reciprocal easement to use, in common, all sanitary and storm sewer lines and appurtenances within easement "d" that are currently utilized jointly by Parcels A and B. 2. The parties agree to share equitably the costs of maintenance, repair, and replacement of any such jointly utilized portions of sanitary and storm sewer lines and appurtenances except where the lines or appurtenances are damaged solely by the negligence or neglect of one party, in which event the responsible party shall save the other party fully harmless from any expenses so incurred. 3 E NOT REODIRLD ;ing Co. Records Division Cy Deputy FILED Prcord at Request of NaMP G% "ate Jv lo Page One 0 3. The terms of this First Amendment are hereby co incorporated in and shall form a part of said Easement and ti CD Maintenance Agreement. *K4 C) CD DATED August 7- 1979. SIXTY SIXTY -ONE SOUTHCENTER.ASSOCIATES By 6000 SOUTHCENTER ASSOCIATES By �Ga`fy Scott B y Ly D. Bruce Morgan By 1 t�L `f�Ervin W. Stein le 6100 SOUTHCENTER ASSOCIATES By CMH ASSOCIATES By Donald R. Halbrook H.M.H. LOGGING By C7 Robert Hanel Page Two �i PARCEL B That portion of Tract 12, Tract 15 and vacated 62nd Avenue South, of Interurban Addition to Seattle, according to plat thereof recorded in volume 10 of plats, page 55, records of King County, Washington, lying Northerly of the Northerly margin of SR 405 (PSH NO. 1 RE) as delineated on that certain Washington State Highway Commission right -of -way drawing SR 5 (PSH NO. 1), SOUTH 178TH ST. TO SOUTH 126TH ST., sheet 6 of 21 sheets, bearing date of approval January 30, 1962; and lying Southerly and Westerly of the Southerly and Westerly margin of the 62nd Avenue South Connection as delineated on said sheet 6 and conveyed to the State of Washington by deed recorded under Auditors file No. 5534286, and lying Easterly of the following described line. Beginning at a point on the North line of said Tract 12 which is North 88'24'47" West 78.40 feet from the Northeast corner thereof; thence South 24'07 West 115.94 feet to a point on said Northerly margin which is South 65'52'02" East 238.42 feet from Highway Engineers Station 166 +00 on said Northerly margin and the terminus of said line description. r• On August 7 1979, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared DONALD R. HALBROOK, to me known to be the individual described in and who executed the within and foregoing instrument, and acknow- ledged that he signed <the same as his free and voluntary act and d�ed�foi�he uses and purposes therein mentioned. .R r �4 i "1 A na �4 7ZdI'I.�h-And and official seal hereto affixed the dq� gar ai certificate above written. 9 •�'j' +9 Notary Public, '•:..T Q Cj t it` in and for the S`E'AS fP State of Washington Residing at 6 STATE OF WASHINGTON ss. COUNTY OF K I N G On August '7' 1979, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ROBERT HANEL., to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. day WITNE$ hand and official seal hereto affixed the �s and wear x certificate above written. f "fo G PUB LEC C5 Notary Public, in and for the State of Washington Residing at STATE OF WASHINGTON ss. COUNTY OF .K I N G On August )A 1979, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and.sworn, personally appeared W. SCOTT, D. BRUCE MORGAN_, and ERVIN W. STEINLE, to me known to be the co individuals described in and who executed the .within and_ foregoing instrument, and acknowledged that they signed,,, CD same-as their free and voluntary act and deed, for the use`s, *P, j and purposes therein mentioned. O WITNESS my hand and official seal hereto aff-ixed:_the' day and year in this certificate above. written.. Notary P �blic, i in and for the L State of Washington Residing at r STATE OF WASHINGTON ss. COUNTY OF K I N G On August 7 1979, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared DONALD R. HALBROOK, to me known to be the individual described in and who executed the within and foregoing instrument, and acknow- ledged that he signed <the same as his free and voluntary act and d�ed�foi�he uses and purposes therein mentioned. .R r �4 i "1 A na �4 7ZdI'I.�h-And and official seal hereto affixed the dq� gar ai certificate above written. 9 •�'j' +9 Notary Public, '•:..T Q Cj t it` in and for the S`E'AS fP State of Washington Residing at 6 STATE OF WASHINGTON ss. COUNTY OF K I N G On August '7' 1979, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ROBERT HANEL., to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. day WITNE$ hand and official seal hereto affixed the �s and wear x certificate above written. f "fo G PUB LEC C5 Notary Public, in and for the State of Washington Residing at