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Home My WebLink About2007 - Acknowledgement of Easement Agreement - Livengood Lynn / Livengood Joann - 20070420002163RETURN ADDRESS: Seth Gustafson Buck & Gordon LLP 2025 First Avenue, Suite 500 Seattle, WA 98121 20070420002163.:.:. 20111111111111111 70420002163 Pt44 cTOei 7 f sas 42. ee KIl,633 WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04) DOCUMENT TITLE(S) (or transactions contained therein): ACKNOWLEDGMENT OF EASEMENT AGREEMENT REFERENCE NUMBER(S) OF DOCUMENTS ASSIGNED OR RELEASED: N/A O Additional reference #s on page _ of document(s) GRANTOR(S) (Last name first, then first name and initials) Livengood, Lynn H. and• Joann SEG 56th, LLC 0 Additional names on page _ of document GRANTEE(S) (Last name first, then first name and initials) Livengood, Lynn H. and Joann SEG 56th, LLC O Additional names on page _ of document LEGAL DESCRIPTION (abbreviated: i.e., lot, block, plat or section, township, range) Ptn SE 'A, SW 1/4, 15/23N/4E Additional legal is on Exhibits A and B. ASSESSOR'S PROPERTY TAX PARCEL/ACCOUNT NUMBER 152304-9140 152304-9152 Assessor Tax # not yet assigned Y:\WP\TUKWILA HOLDINGS \ MUTUAL EASEMENT MEMO C.DOC PAGE 1 Si AM lii6 7 EXCISE TAX NOT REQUIRED B Ki g Co. Records "Deputy 200/01000 2163 ACKNOWLEDGEMENT OF EASEMENT AGREEMENT THIS ACKNOWLEDGEMENT OF EASEMENT AGREEMENT (the "Agreement") is executed as of this %d day of Pt' yu,Q , 2007, by Lynn H. Livengood and Joann Livengood, a married couple ("Livengood"), and SEG 566, LLC, a Washington limited liability company ("SEG"). Recitals A. Whereas, Livengood is the owner of certain real property located in King County, Washington, legally described in Exhibit A attached hereto (the "Livengood Property"), and SEG is the owner of certain real property located adjacent to the Livengood Property, which property is legally described in Exhibit B, attached hereto (the "SEG Property"). B. Whereas, Livengood and a predecessor -in -title to SEG entered into an oral agreement for reciprocal ingress and egress easements burdening and benefiting the Livengood Property and the SEG Property (the "Access Easements"). C. Whereas, SEG acquired the SEG Property subject to the Access Easements, and SEG and Livengood have previously acknowledged in writing the existence of the Access Easements. D. Whereas, the City of Tukwila requires as a condition to the development of the Livengood Property that the parties document the existence of the Access Easements in a recorded document. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, the parties agree as follows: 1. Acknowledgement of Easements. Livengood and SEG acknowledge the existence of the Access Easements, which allow ingress and egress (but not parking) across the boundary between the Livengood Property and the SEG Property in the location shown on Exhibit C and over the driveways within the parking areas on the SEG Property and the Livengood Property as they now exist or may hereafter be modified by the owners of each of the properties. 2. Running with the Land. The parties acknowledge that the Access Easements acknowledged herein shall continue to run with the land and shall be binding upon the owners of the Livengood Property and the SEG Property and upon their heirs, successors and assigns. PAGE 1 Y:\WP\TUKWIA HOLDINOS\MUTUAL EASEMENT MEMO C.DOC 200/04 O ri12i6:s_:::: 3. Incorporation. All exhibits attached hereto are incorporated herein by this reference. oann Livengood SEG: SEG 56TH, LLC, a Washington limited liability,comany By: Name: ?LUWvW IA/kitaS TAD Its: /lEreBek PAGE 2 Y:\WP\TUKWILA HOLDINGS\MUTUAL EASEMENT MEMO C.DOC 20070420002163.:: STATE OF WASHINGTON ) COUNTY OF K I NG ) ss. I certify that I know or have satisfactory evidence that Lynn H. Livengood is the person who appeared before me, and he 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 this 1 / day of v ' 2007. oitilionnito Iiiiouip‘ O:a! '7, (Si s PIMA 1 / OpwitI O Ilitthtittittl00 ) (Printed Name) Notary Public in and for the State of Washington, residing at di e L i4 . / My commission expires / 3/ i STATE OF WASHINGTON ) COUNTY OF KI016) ) ss. I certify that I know or have satisfactory evidence that Joann Livengood is the person who appeared before me, and she 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. Dated this % 7 day of (Printed Name) Notary Public in and for the State of Washington, residing at .l'iv L,n YUfa% . My commission expires l/V //1 2007. /1% PAGE 3 Y:\WP\TIIKWILA HOLDINGS\MUTUAL EASEMENT MEMO C.DOC STATE OF WASHINGTON ) )ss. COUNTY OF (AA vv,�) I certify that I know or have satisfactory evidence that . 6,1(�¢S d signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it in his/her capacity as the Anum,eV of SEG 56th, LLC, to be the free and voluntary act of such company for the uses and purposes mentioned in the instrument. Dated this 1.2 day of ())0\dt Signature) , 2007. EA/046-AciA.- (Printed Name) Notary Public in and for the State of Washington, residing at'y\ . ( My commission. expires 5N101 PAGE 4 Y:\WP\TUKWILA HOLDINGS\MUTUAL EASEMENT MEMO C.DOC 2007042011021R3_ -_- • 200/�f611/11111'1 EXHIBIT A LIVENGOOD PROPERTY LEGAL DESCRIPTION The North 160 feet of the South 180 feet of the East 120 feet of the West 145 feet of the Southeast quarter of the Southwest quarter of Section 15, Township 23 North, Range 4 East, W.M., in King County, Washington and that portion of the Southeast quarter of the Southwest quarter of Section 15, Township 23 North, Range 4 Fast, W.M., in King County, Washington, described as follows: Beginning on the South line of said subdivision at a point 145.00 feet Easterly of the Southwest comer thereof; Thence Easterly on said South line 84.00 feet; Thence North 180.00 feet; Thence Westerly parallel with the South line of said subdivision, 84.00 feet; Thence South 180.00 feet to the point of beginning. EXCEPT the South 20 feet thereof for County Road. EXCEPT that portion conveyed to City of Tukwila, a Washington municipal corporation by deed recorded October 31, 2005 under Recording No. 20051031000480, in King County, Washington. EXHIBITA-PAGE 1 Y:\WP\TUKWILA HOLDINGS\MUTUAL EASEMENT MEMO C.DOC 200704200091•61-=: EXHIBIT B SEG PROPERTY LEGAL DESCRIPTION " PARCEL A: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED' AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID SUBDIVISION WHICH IS 25 FEET EAST OF THE SOUTHWEST CORNER THEREOF; THENCE NORTH 330 FEET PARALLEL WITH THE WEST LINE OF SAID SUBDIVISION TO THE SOUTHWEST CORNER OF LOT 10, BLOCK 3, JAMES CLARK'S GARDEN ADDITION TO THE CITY OF SEATTLE, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 13 OF PLATS, PAGE 12, IN KING COUNTY, WASHINGTON; THENCE EAST 264 FEET ALONG THE SOUTH LINE OF SAID LOT 10; THENCE SOUTH 330 FEET, MORE OR LESS, PARALLEL WITH THE WEST LINE OF SAID SUBDIVISION TO THE SOUTHERLY LINE THEREOF; THENCE WEST 264 FEET ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING. EXCEPT THE SOUTH 180 FEET THEREOF. EXCEPT THE NORTH 60 FEET AS MEASURED ALONG THE WEST LINE THEREOF. EXCEPT THE WEST 5 FEET OF THE REMAINDER THEREOF CONVEYED TO KING COUNTY FOR 37TH AVENUE SOUTH BY DEED RECORDED JUNE 2, 1972 UNDER RECORDING NO. 7206020386. PARCEL B: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTH LINE OF SAID SUBDMSION AT A POINT 229.00 FEET EASTERLY OF THE SOUTHWEST CORNER THEREOF; THENCE NORTH 2°13'57" EAST PARALLEL WITH THE WEST LINE OF SAID SUBDIVISION 20.00 FEET TO THE TRUE POINT OF BEGINNING: THENCE NORTH 2°13'57" EAST PARALLEL WITH THE WEST LINE OF SAID SUBDIVISION 160.00 FEET; EXHIBIT B--PAGE 1 Y:\W%TUKWIIA HOLDINGS\MUTUAL EASEMENT MEMO C.DOC 20070470009 : P_ THENCE SOUTH 87°35'33" EAST PARALLEL WITH THE SOUTH LINE OF SAID SUBDIVISION 60.00 FEET; THENCE SOUTH 2°13'57" WEST PARALLEL WITH THE WEST LINE OF SAID SUBDIVISION 6.10 FEET; THENCE SOUTH 86°33'03" EAST 261.03 FEET TO THE WESTERLY MARGIN OF STATE HIGHWAY NC'. 1; THENCE SOUTH 20°07'27" WEST ALONG SAID WESTERLY MARGIN 93.60 FEET; THENCE NORTH 87°35'33" WEST PARALLEL WITH THE SOUTH LINE OF SAID SUBDIVISION 139.17 FEET; THENCE SOUTH 2°24'27" WEST 60.00 FEET; THENCE NORTH 87°35'33" WEST 152.86 FEET TO THE TRUE POINT OF BEGINNING. ALSO BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF STATE ROAD NO. 1 WITH THE NORTH LINE OF THE SOUTH 20.00 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE WEST ALONG SAID NORTH LINE 120 FEET; THENCE NORTH AT RIGHT ANGLES THERETO 60 FEET; THENCE EAST PARALLEL TO SAID NORTH LINE TO THE WESTERLY MARGIN OF STATE ROAD NO. 1; THENCE SOUTHERLY ALONG SAID WESTERLY MARGIN TO THE POINT OF BEGINNING. EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON RECORDED DECEMBER 14, 1995 UNDER RECORDING NO. 9512140574; AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF TUKWILA BY INSTRUMENTS RECORDED MAY 1, 2006 UNDER RECORDING NOS. 20060501000630 AND 20060501000631. PARCEL C: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SUBDIVISION WHICH IS SOUTH 87°35'33" EAST 289 FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE NORTH 2°13'57" EAST PARALLEL TO THE WEST LINE OF SAID SUBDIVISION 173.90 FEET TO THE TRUE POINT OF BEGINNING OF THE TRACT HERE IN DESCRIBED; CONTINUING THENCE NORTH 2°13'57" EAST 105.40 FEET; EXHIBIT B-PAGE 2 Y:\WP\TUKWIIA HOLDINGS\MUTUAL EASEMENT MEMO C.DOC THENCE SOUTH 86°33'03" EAST 294.65 FEET TO THE WESTERLY MARGIIN OF STATE HIGHWAY NO. 1; THENCE SOUTHERLY ALONG AN ARC OF A CURVE TO THE RIGHT WHOSE RADIUS IS 1,860 FEET, 25.11 FEET TO A POI:INT OF TANGENCY; THENCE SOUTH 20°17'27" WEST ALONG SAID WESTERLY MARGIN OF STATE ROAD NO. 1, 84.84 FEET; THENCE NORTH 86°33'03" WEST 261.03 FEET TO THE TRUE POINT OF BEGINNING. PARCEL D: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION I5, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SUBDIVISION DISTANT SOUTH 87°35'33" EAST 289 FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE NORTH 2°13'57" EAST PARALLEL WITH THE WEST LINE OF SAID SUBDIVISION 279.30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 2°13'57" EAST 151.6 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF LOT 10, BLOCK 3, JAMES CLARK'S GARDEN ADDITION TO THE CITY OF SEATTLE, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 13 OF PLATS, PAGE 12, IN KING COUNTY, WASHINGTON; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID BLOCK 3 TO THE WESTERLY MARGIN OF STATE HIGHWAY NO. 1; THENCE SOUTHWESTERLY ALONG SAID WESTERLY MARGIN TO A POINT WHICH BEARS SOUTH 86°33'03" EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 86°33'03" WEST 294.65 FEET TO THE TRUE POINT OF BEGINNING. PARCEL E: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 10, BLOCK 3, JAMES CLARK'S GARDEN ADDITION TO THE CITY OF SEATTLE, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 13 OF PLATS, PAGE 12, IN KING COUNTY, WASHINGTON; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 10 A DISTANCE OF 264 FEET; EXHIBIT B-PAGE 3 Y:\WP\TUKWILA HOLDINGS\MUTUAL EASEMENT MEMO C.DOC 20070420002163.: : THENCE SOUTHERLY PARALLEL WITH THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER 60 FEET; THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE OF LOT 10 A DISTANCE OF 264 FEET; THENCE NORTHERLY PARALLEL WITH THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER 60 FEET TO THE POINT OF BEGINNING. EXCEPT THE WEST 5 FEET THEREOF CONVEYED TO KING COUNTY FOR 37TH AVENUE SOUTH BY DEED RECORDED UNDER RECORDING NUMBER 7206020386. EXHIBIT B-PAGE 4 Y:\WP\TUKWILA HOLDINGS\MUTUAL EASEMENT MEMO C.DOC 'PUBL ICL Y DEDICATED' LAJ - 25' R-O-W 1.4 EXHIBIT C (DIAGRAM) 0 • ASPHALT PARKING LOT DRIVEWAY AREA "SEG PROPERTY" TP# 152304-9/52 . ' EX I HUOE0 CURB "TY T CAL S87 35 '33"E (199.00 ') FENCE 15 ON OW 1301.01149 15 0.7' 5. OF LINE ACCESS EASEMENT "LIVENGOOD PROPERTY" TP# 152304-9140 1' N 1555. 02 CALCD SOUTH LINE OF SEC. 15-23-4 -2130704200021 63.v S87 '35 '33-E •-i•