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Home My WebLink About2007 - Private Waterline Easement - Heistuman Todd / Toddland LLC / Reinhardt Eric - 2007110100086420071101000864.001 FEB 12 2016 Return Addeatornunity elopment 21- 514E^1:14SW 5� 1� d A 4t11� 200711 1000864 TODD001O0F 006 EAS 47.00 PAGE11/01/2007 11:52 KING COUNTY, WA EXCISE TAX NOT REQUIRED Division BY DeAutY TATE RECORDER'S Cover Sheet (RCW 65.04 Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in) 1. 9r,. '., ln}a ‘trtie_. a+ne 2. 3. 4. Reference Number(s) of Documents assigned or released: Additional reference #'s on page of document Grantor(s) (Last name, first name, initials) \ ` 1. t-�Q ►S%rnon , 01i, , 'TeAdleportid► 1--1-{ 2. �plA.F4'iL, Additional names on page of document. Grantee(s) (Last name first, then first name and initials) e 1. tt.►t'�i3 n �tti AA_ p�Atj.al..0 . M1 2. oir�lne� £{"cc Additional names on page of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) 1/4 SE_°/y Nio *Sellar to N. l 9 Tr.c.9 p . 223 N. CZ au.cr_ y E Lt3.11.o Additional legal is on page t of document. Assessor's Property Tax Parcel/Account Number 0 Assessor Tax # not yet assigned 2I 2E►t—Czz.(1) 112Qf1 -02.3 Po -On(, 2132 0-O2.33 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 indexini information provided herein. I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure part of the text of the original document. Signature of Requesting Party 20071101000864.002 PRIVATE WATERLINE EASEMENT AGREEMENT Reference number of related documents: Short Plat #2C) O9 j1O0 0 I 22 "z. Grantor: Toddland, L.L.C., a Washington limited liability company Grantee: Toddland, L.L.C., a Washington limited liability company Legal Description: SV4 NWj4.Section 14, Twp. 23 N, Range 4 E, W.M. Tax Parcel Numbers: -2112o1D `0gg-Pr, 7l 7200— (72643, .2l-7Zr ' THIS INSTRUMENT is made this c " day of ; 2007, by and between Toddland, L.L.C., a Washington limited liability comp ° ny (" rantor") and Toddland, L.L.C., a Washington limited liability company ("Grantee"). RECITALS A. Grantor/Grantee is the owner of that certain real property and improvements located in King County and legally described as shown on the attached Exhibit "A" (hereinafter called the "Grantor/Grantee's Property"). B. Grantor/Grantee is the owner of certain real property and improvements located in King County and legally described as shown on the attached Exhibit "B" (hereinafter called the "EasementTract" ). C. Grantee desires to obtain an exclusive perpetual Water Line Easement over, across, along, in, upon, and on the Easement Tract, which is a part of the Grantor/Grantee's Property. D. Grantor is willing to grant such an easement to Grantee, provided Grantee agrees to certain conditions contained herein, including entering into an agreement for road maintenance as part of this easement. NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: Page lof 7 20071101000864.003 1. Grant of Easement. Grantor does hereby grant and convey to Grantee, and to each of Grantee's heirs, successors and assigns, for the benefit of Grantor/Grantee's Property, a perpetual Water Line Easement over, across, along, n, upon, and onThe Easement Tract, which is as shown on the attached Exhibit "B," and as diagrammed in attached Exhibit "C," being a rectangle shaped area of approximately 20 feet by 156.72 feet with an attached rectangular shaped ares of approximately 5 feet by 15 feet. 2. Maintenance and Liability Agreement. Grantee agrees that such easement for water line use shall be well maintained, safe and free of any hazard. Grantee further agrees to repair and maintain the easement n a reasonably usable condition to facilitate the use by firetrucks and aid vechiles. The responsibility for construction of any water line improvements, constructed upon, under or within the easement granted herein shall be borne by the party benefited by or performing such �. All work to be performed by Grantees on the Tract X shall be in a careful and workmanlike manner, free of claims and liens. 3. Duration. The term of said easement shall be indefinite and shal continue untl revoked by the mutual agreement of Grantor and Grantee or their heirs, successors or assigns. Said easement is intended to and shall run with the land and the benefits and burdens of the easement herein created shall pass to the heirs, successors and assigns of the parties in and to their respective properties benefited and burdened by these easements. 4. Costs and Attorneys' Fees. If any party hereto shall bring any suit, arbitration or other action against another for relief, declaratory or otherwise, arising out of this Agreement, the prevailing party shall have and recover against the other party, in addition to all costs and disbursements, such sum as the Court, or arbiter may determine to be a reasonable attomey's fee. 5. Specific Performance. If any party shall default in its obligations under this Agreement, the parties each acknowledge that it would be extremely difficult to measure the resulting damages. Accordingly, any nondefaulting party, in addition to any other rights or remedies, shall be entitled to restraint by injunction of a violation, or attempted or threatened violation, of any condition or provision of this Agreement, or to a decree specifically compelling performance of any such condition or provision. In such event, al parties hereto each expressly waive their defense that a remedy in damages or at law would be adequate. 6. Documents. Each party to this Agreement shall perform any and all acts and execute and deliver any and all documents as may be necessary and proper under the circumstances in order to accomplish the intents and purposes of this Agreement and to carry out its provisions. Page 2 of 7 20071101000864.004 7. Survival/Non-Merger.. Despite Grantor/Grantee owning both the dominant and sentient estates, the doctrine of merger shall not apply to the creaton of the easement described herein, and the easement created hereunder shall not merge with the fee interest in Grantor/Grantee's Property. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly signed as of the day and year first above written. GRANTOR: i Toddland, .C. A W .,� • : li . ability company BY: Its: GRANTEE: Toddland, L A Washi •� • fi; �< i;.. ity company BY' Page 3 of 7 20071101000864.005 )ss. COUNTY OF KING I certify that I know or have satisfactory evidence that Todd Helstuman is the person who appeared before me, and that person acknowledged signing this instrument, on oath stated their authority to execute the instrument and acknowledged it as the authorized agent of the party on behalf of whom instrument was executed to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. SUBSCRIBED and SWORN to before me this (#day of /2t4gtt5 1 2007. t �.a "st 40114� r� s =:I~ oTA,f, -. _ (,,S • i (1) •o Page 4 of 7 (printed name): .54 I-L- NOTARY PUBLIC in and(2f Washington, residing at My Commission expires: 0/0q/1i / p 20071101000864.006 RECEIVE FEB 12 2016 Community Development EXHIBIT A LOT 4: COMMENCING AT THE NORTHWEST CORNER OF TRACT 45 PLAT OF SECOND ADDITION EAST RIVERTON GARDEN TRACTS, RECORDED IN VOLUME 12 OF PLATS, PAGE 79, RECORDS OF KING COUNTY, WASHINGTON; THENCE SOUTH 56'20'.00 EAST ALONG THE SOUTHERLY MARGIN OF SAID TRACT 44, 121.82 FEET; THENCE NORTH 33'40'00" EAST 106.72 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 33'40'00" EAST 53.36 FEET TO THE SOUTHERLY MARGIN OF SOUTH 133RD STREET; THENCE SOUTH 56'20'00" EAST ALONG THE SOUTHERLY MARGIN OF SOUTH 133RD STREET 121.82 FEET; THENCE SOUTH 33'40'00" WEST 53.36 FEET; THENCE NORTH 56'20'00" WEST 121.82 FEET TO THE POINT OF BEGINNING. LOT 5: COMMENCING AT THE NORTHWEST CORNER OF TRACT 4g PLAT OF SECOND ADDITION EAST RIVERTON GARDEN TRACTS, RECORDED IN VOLUME 12 OF PLATS, PAGE 79, RECORDS OF KING COUNTY, WASHINGTON; THENCE SOUTH 56'20'.00 EAST ALONG THE SOUTHERLY MARGIN OF SAID TRACT 44, 121.82 FEET; THENCE NORTH 33'40'00" EAST 53.36 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 33'40'00" EAST 53.36 FEET; THENCE SOUTH 56'20'00" EAST 121.82 FEET; THENCE SOUTH 33'40'00" WEST 53.36 FEET; THENCE NORTH 56'20'00". WEST 121.82 FEET TO THE POINT OF BEGINNING. LOT 6: COMMENCING AT THE NORTHWEST CORNER OF TRACT 43 PLAT OF SECOND ADDITION EAST RIVERTON GARDEN TRACTS, RECORDED IN VOLUME 12 OF PLATS, PAGE 79, RECORDS OF KING COUNTY, WASHINGTON; THENCE SOUTH 56'20'.00 EAST ALONG THE SOUTHERLY MARGIN OF SAID TRACT 44, 121.82 FEETTO THE POINT OF BEGINNING; THENCE NORTH 33'40'00" EAST 53.36 FEET; THENCE SOUTH 56'20'00" EAST 121.82 FEET; THENCE SOUTH 33'40'00" WEST 53.36 FEET; THENCE NORTH 56'20'00" WEST ALONG THE SOUTHERLY MARGIN OF SAID TRACT 44, 121.82 FEET TO THE POINT OF BEGINNING. TRACT X: COMMENCING AT THE NORTHWEST CORNER OF TRACT 43, PLAT OF SECOND ADDITION EAST RIVERTON GARDEN TRACTS, RECORDED IN VOLUME 12 OF PLATS, PAGE 79, RECORDS OF KING COUNTY, WASHINGTON; THENCE SOUTH 56'20'00" EAST ALONG THE SOUTHERLY MARGIN OF SAID TRACT 44, 243.64 FEET; THENCE NORTH 33'40'00" EAST 3.36 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 33'40'00" EAST 156.72 FEET TO THE SOUTHERLY MARGIN OF SOUTH 133RD STREET; THENCE SOUTH 56'20'00" EAST ALONG THE SOUTHERLY MARGIN OF SOUTH 133RD STREET 20.00 FEET; THENCE SOUTH 33'40'00" WEST 156.72 FEET; THENCE NORTH 56'20'00" WEST 20.00 FEET TO THE POINTF BEGINNING. Page 5 of 7 20071101000864.007 EXHIBIT B EASEMENT TRACT: COMMENCING AT THE NORTHWEST CORNER OF TRACT 43, PLAT OF SECOND ADDITION EAST RIVERTON GARDEN TRACTS, RECORDED IN VOLUME 12 OF PLATS, PAGE 79, RECORDS OF KING COUNTY, WASHINGTON; THENCE SOUTH 56'20'00" EAST ALONG THE SOUTHERLY MARGIN OF SAID TRACT 44, 243.64 FEET; THENCE NORTH 33'40'00" EAST 3.36 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 33'40'00" EAST 156.72 FEET TO THE SOUTHERLY MARGIN OF SOUTH 133RD STREET; THENCE SOUTH 56'20'00" EAST ALONG THE SOUTHERLY MARGIN OF SOUTH 133RD STREET 20.00 FEET; THENCE SOUTH 33'40'00" WEST 156.72 FEET; THENCE NORTH 56'20'00" WEST 20.00 FEET TO THE POINT BEGINNING. ALONG WITH THE NORTHEAST CORNER OF LOT 4 COMPRISING AN AREA OF 75.00 SQUARE FEET WITH A LENGTH OF 15.00 FEET ALONG 133RD STREET. 20071101000864.008 EXHIBIT "C" CITY OF luxwiLA DEPARTMENT OF COMMUNITY DEVELOPMENT 6300 SOUTNCEWTER BOULEVARD. TUICOOLA. WA 88188 TELEPHONE: (206)431-3670 FAX (206)431-3665 E-MAIL: tukplanOeLtukMavaua 14) TRH 9CP LA SHORT PLA/ T PLAT NUMBER j}r�J./d�/j�'/092l�v�I 4012/20/03 / •.— SET PK NAUL 4 w\6d` r . / / / / \\ ` \ A, • .\ !▪ .1 . rv.y•`}''O. . i( a N. N. N. ¶5. .. . Aso):, . `'., SCALE: 1" = 50' \ GRAPHIC SCALE , 5 40. 6 4 e?a4� N. • {Client Fles\0574015520135.DOC} 7 L2 • \ ENO FENCE 0.2'NE P/L • ./ NOTE DIMENSIONS ALONG Rl1tRFRONT ARE FOR CALCULATING LOT AREAS ONLY.