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HomeMy WebLinkAbout2015 - Reciprocal Access and Utilities Easement and Reservation - Wilson Terrance - 20151216000960Return Address: Terrance Randall Wilson Wilson & Neal, PLLC P.O. Box 158 Kent, WA 98035 EXCISE TAX NOT REQUIRED 201a51216000960 Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04) Document Title(s) (or transactions contained therein): Reciprocal Access and Utilities Easement and Reservation Reference Number(s) of Document(s) Assigned or Released: N/A Grantor(s) (Last name, first name, initials): 1. Whitten, Mark E. and Keaton H., husband and wife 2. Rao, Vinayak and Maria T., husband and wife 3. Haq, Shahid UI, a married man, as his sole and separate property Grantee(s) (Last name first, then first name and initials): 1. Whitten, Mark E. and Keaton H., husband and wife 2. Rao, Vinayak and Maria T., husband and wife 3. Haq, Shahid UI, a married man, as his sole and separate property Legal Description (abbreviated: i.e. lot, block, plat or section, township, Portion of Lots 6 and 15, Block 5, Adams Home Tracts, according Volume 11 of Plats, page 31, in King County, Washington Additional legal is on page 2 of document. range): to the plat thereof recorded in Assessor's Property Tax Parcel/Account Number(s) ❑ Not yet assigned 004000-0625, 004000-0669, and 004000-0670 The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. 151600001 Page 1 of 6 RECIPROCAL ACCESS AND UTILITIES EASEMENT AND RESERVATION L This Reciprocal Access and Utilities Easement and Reservation is made this m�' day of N 0\1 Tc w1 (� Q._ , 2015, by Whitten, Mark E. and Keaton H., husband and wife (hereinafter referred to as "Whitten"); Vinayak and Maria T. Rao, husband and wife (hereinafter referred to as "Rao"); and Shahid UI Haq, a married man as his separate and sole estate (hereinafter referred to as "Haq"). WITNESSETH: WHEREAS, Whitten is the legal owner of that certain real property known as Tax Parcel No. 004000-0625 (hereinafter referred to as the 'Whitten Property"), legally described as follows: [from Statutory Warranty Deed recorded under King County Recording No. 20081222000763] Parcel A of Boundary Line Adjustment No. L98-0030, recorded under Recording No. 9808251100, records of King County, Washington; Situate in the County of King, State of Washington AND WHEREAS, Rao is the legal owner of that certain real property known as Tax Parcel No. 004000-0669 (hereinafter referred to as the "Rao Property"), legally described as follows: [from Nextitle plat certificate dated June 23, 2015, their Order No. NXWA-0192357] Lot 1, City of Tukwila Short Plat No. L99-0004, as recorded under King County Recording No. 20001211001594; being a portion of the following Lots 6 and 15, Block 5, Adams Home Tracts, according to the plat thereof recorded in Volume 11 of Plats, page 31, in King County, Washington; Except the North 175 feet of the West 89 feet of said Lot 6; And except the North 262 feet of said Lot 6 lying East of the West 89i feet thereof; Also known as Parcel B, City of Tukwila Boundary Line Adjustment No. L98-30, recorded under Recording No. 9808251100. Together with an easement for ingress, egress and utilities over, under, along and across the West 20 feet of the North 175 feet of said Lot 6, Block 5, Adams Home Tracts. Situate in the County of King, State of Washington. AND WHEREAS, Haq is the legal owner of that certain real property known as Tax Parcel No. 004000-0670 (hereinafter referred to as the "Haq Property"), legally described as follows: [from Quit Claim Deed recorded under King County Recording No. 20060505000836] Lot(s) 2, City of Tukwila Short Plat No. L99-0004, recorded under King County Recording No. 20001211001594, in King County Washington; Except the East 3 feet thereof; Said short plat being a portion of the following described property; Lot(s) 6 and 15, Block 5, Adams Home Tracts, according to the plat thereof recorded in Volume 11 of Plats, page 31, in King County, Washington; Except the North 175 feet of the West 89 feet of said Lot 6; and Except the North 262 feet of said Lot 6 lying East of the West 89 feet thereof; Together with an easement for ingress, egress and utilities over, under, along and across the West 20 feet of the North 175 feet of said Lot 6, Block 5, Adams Home Tracts. AND WHEREAS, Whitten, Rao, and Haq gain access to and receive utility services for their respective properties via easements granted in (1) City of Tukwila Boundary Line Adjustment No. L98-0030 recorded under King County Recording No, 9808251100, and (2) City of Tukwila Short Plat No. L99-0004 recorded under King County Recording No. 20001211001594; and 151600001 Page 2 of 6 WHEREAS, Rao intends to subdivide the Rao Property into two to residence, and one new lot); and WHEREAS, Whitten, Rao, and Haq desire to memorialize their agre existing easements for access and utility purposes to benefit the new to and WHEREAS, Whitten, Rao, and Haq acknowledge that this easement is mutual benefits derived and/or other valuable consideration, receipt a acknowledged by all parties; NOW, THEREFORE, Whitten, Rao, and Haq hereby agree and covenan s (one containing the existing ment to extend the use of the created by the Rao subdivision; made for and in consideration of d sufficiency of which is hereby as follows: 1. Whitten does by these presents grant, bargain, sell, convey, and confirm forever unto Rao (including the new lot created by the Rao subdivision) and aq and their respective heirs, successors, and/or assigns, an access easement for ingress a d egress together with a utilities easement for storm drainage, water, sewer, power, natural ga , cable, telephone, and/or other utilities over, through, across, and upon a portion of the Whitten roperty as legally described and depicted in City of Tukwila Boundary Line Adjustment No. L98-0030 recorded under King County Recording No, 9808251100. 2. Rao does by these presents reserve unto itself and does further by these presents grant, bargain, sell, convey, and confirm forever unto Whitten and Haq and their respective heirs, successors, and/or assigns, an access easement for ingress and egress to. ether with a utilities easement for storm drainage, water, sewer, power, natural gas, cable, tele • hone, and/or other utilities over, through, across, and upon a portion of the Rao Property as I -gaily described and depicted in (1) City of Tukwila Boundary Line Adjustment No. L98-003 I recorded under King County Recording No, 9808251100, and (2) City of Tukwila Short Plat N. L99-0004 recorded under King County Recording No. 20001211001594. 3. Whitten, Rao, and Haq covenant and agree that maintenance e easement area shall be shared on a pro-rata 1/4 basis (Whitte new lot, Haq Property). 4. The parties and utility purveyors serving the collective properties institution of suit or proceeding at law, at times as may be reas over, and along the Whitten Property and the Rao Property inspect, repair, alter, modify, replace, remove, and/or update to standards said utilities. 5. No obstructions of any kind whatsoever shall be allowed withi area that would impede the ingress and egress for the purpose shall be allowed within the easement area. 6. This easement and easement reservation shall be covenants shall be binding upon the owners of the Whitten Property, Property and their respective heirs, successors, and/or assigns Property, and the Haq Property shall be held, used, leased, sol terms of this easement and easement reservation. 7. It is intended that the rights and obligations created by this ea affected by merger of title and shall therefore NOT automatic solely by reason of existing or future common ownership o Property, and the Haq Property. 15160D001 penses for the entire sum of the Property, Rao existing lot, Rao shall have the right, without prior nably necessary, to enter upon, from time to time to construct, present and future technological the above described easement herein defined, and No Parking nning with the land forever and he Rao Property, and the Haq The Whitten Property, the Rao , and/or conveyed subject to the ement reservation shall NOT be Ily terminate or be extinguished the Whitten Property, the Rao Page 3 of 6 8. This easement and easement reservation shall be automatically extinguished and shall be of no further force or effect as to any portion of the easement area{that is dedicated to the City of Tukwila or its successor agency as public right-of-way. 9. The parties agree to indemnify, defend, and hold one another, their heiirs, successors, and assigns, harmless from any and all liability associated with the parties', their licensees or invitees use, enjoyment, repair, or maintenance of the Easement Area. 10. In any suit or other proceeding brought by any of the parties to this Easement, arising out of, or pertaining to, this Easement, the substantially prevailing party shall be entitled to recover its reasonable attorneys' fees and all costs and expenses from the substantially non -prevailing party, in addition to any other relief. GRANTOR/GRANTEE Mark E. Whitten _ - Signature GRANTOR/GRANTEE Keaton H. Whitten Signature GRANTOR/GRANTEE Vinayak Rao GRANTOR/GRANTEE Shahid Haq Signature GRANTOR/GRANTEE Maria T. Rao AT.: - Signature b Signatt(r 15160D001 Page 4 of 6 STATE OF WASHINGTON ss. COUNTY OF V/1 f, I certify that I know or have satisfactory evidence that Mark E. Whitten and Keaton H. Whitten are the persons who appeared before me, and said persons acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. 1\-`1-�S Dated STATE OF WASHINGTON COUNTY OF Y ) ss. ) Notary Public in and for the State of Washington °t- l 7: 1 Jv1.S Printed Name Residing at: V t`� : t� Appointment Expires: S __ ' 1 e I certify that 1 know or have satisfactory evidence that Shahid Haq is the person who appeared before me, and said person acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument. Dated Notary Public in and for the State of Washington Printed Name Residing at: \C S, `'—"PI 1 1 Appointment Expires: C; 15160D001 j Page 5 of 6 STATE OF WASHINGTON ) ss. COUNTY OF VA (, I certify that I know or have satisfactory evidence that Vinayak Rao is the person who appeared before me, and said person acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument. Dated STATE OF WASHINGTON ) ) ss. COUNTY OF t r's3 t` Notary Public in and for the State of Washington w \ Printed Name Residing at: Appointment Expires: i s j %) Y. I certify that I know or have satisfactory evidence that Maria T. Rao is the person who appeared before me, and said person acknowledged that she signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in the instrument. HS Dated \\\\‘""Itttil 411 Notary Public in and for the State of Washington vu'\t,SU� Printed Name Residing at: Appointment Expires: S l --\ `8. 15160D001 Page 6 of 6