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HomeMy WebLinkAbout6188063 SEWER EASEMENT 061267ed ' ol`'1l~9 . _ '~1. ;ate+' ~y PALE c.~ NO. 6188063 Recorded June 12, 1967 King County Auditor Vol. 4943 Deeds Page.30 AGREEMENT THIS AGREEMENT, made and entered into this /k ~day of 1967, by and between --RAY=E:.-A1 EN and DOROTHY__M.:. ALLEN, his wife, and KENNETH C. ALLEN and PATRICIA J.. ALLEN; his wife (hereinafter-designated "First Parties"), and KENNETH C. ALLEN'and PATRICIA J. ALLEN, his wife (hereinafter designated "Second Parties"), WITNESSETH: WHEREAS, First Parties are the owners of real I r • property situated in the City of Auburn, King County, Washington, legally described as follows: The north half of the following: That portion ofzdovernment lot 2,-,Section 19,1 Township 21 rf6rth, Range 5 east, W N. , in King County, Washington, described as follows: Beginning at the southeast- corner of said Government lot; thence westerly along the southerly margin thereof a distance of 224.13 feet to the true point of beginning of this description; thence northerly parallel to the easterly margin of Boyd's First Addition to the City of Auburn, according to the plat recorded in volume 21 of plats, page 14, in King County, Washington, a distance of 433.50 feet, more or less, to the existing center line of 15th Street Southeast, as per said plat of Boyd's First Addition; thence westerly 152.50 feet, more or less, to the easterly boundary of said Boyd's. First Addition; thence southerly along the easterly boundary of said plat 433.50 feet, more or less, to the south line of aforesaid Government lot 2; thence easterly 152.50 feet, more or less, to the true point of beginning of this description, EXCEPT the north 30 feet thereof conveyed to the City of Auburn by deed recorded under auditor's file No. 5664287 and EXCEPT the south 15 feet thereof conveyed to the City of Auburn by deed recorded under Auditor's file No. 5640545. (hereinafter designated Tract No. 1), and WHEREAS, Second Parties are the owners of real property . situated in the City of Auburn, King County,, Washington, legally . 1 " C/ /q .a L~ , •~.s ~`rsrW __a/_♦ ~..~r.r.. I~ .r ^r' - ~E{ ~ ~~.yJ W-E MI 1~_Ap described as follows: That portion of Government lot 2,\Section 19, Township 21 North, Range 5, East, W.M., in King County, Washington, described as follows: Beginning at the southeast corner of said Government lot 2; thence westerly along the southerly margin thereof, a distance of 376.63 feet; thence north 0°54'58" east along the easterly margin of Boyd's First Addition to the City of Auburn, according to plat recorded in volume 21 of plats, page 14, in King County, Washington, a distance of 583.5 feet; thence easterly parallel to southerly margin of said Government lot 2 a distance of 70 feet to the . true point of beginning; thence continuing easterly along said parallel line a distance of 82.5 feet; thence south 0°54'58" west, parallel to the easterly line of said Boyd's First Addition to the City of Auburn, a distance of 150 feet; thence westerly, parallel to the southerly margin of said Government lot 2, a distance of 82.5 feet; thence north 0°54'58" east parallel to said easterly line of Boyd's First Addition to the City of Auburn, a aistance of.150.00 feet to the true point of beginning. (hereinafter designated Tract No. 2), and WHEREAS, Tract No. 1 abuts 15th Street S.E. on the south side thereof, and lies directly to the south of Tract No. 2, which abuts 15th Street S.E. on the north side thereof, and WHEREAS, the owners of Tract No. 2 desire to install and lay an eight inch sewer line across 15th Street S:E. from Tract No. 2 to a sewer stub connection situated on the south side of 15th Street S.E., and WHEREAS, the owners of Tract No. 2 further desire an easement ;to use, in common with the owners of Tract No. 1, that certain eight inch sewer line now installed and existing over and across portions of Tract No. 1, from the stub connection -2- 1 Y on the south side of 15th Street S.E. to an alleyway lying to the west of Tract No. 1 where said sewer line connects with a sewer lateral on property owned by the City of Auburn (the exact course of which sewer line is hereinafter described) and 1;. WHEREAS,.First Parties are~.willing to grant said easement, subject, however, to the terms and conditions as provided for herein NOW, THEREFORE, First Parties hereby grant to Second Parties, and to their successors in interest in and to Tract No. 2, a permanent and appurtenant easement and right to use, in common with Second Parties, to meet the sewage disposal requirements of both Tract No. 1 and Tract No, 2, that certain eight inch sewer line as it is now situated over portions of Tract No. 1, the center line of which sewer line is described as.follows: Beginning at a point on the South line of 15th Street S.E. distant easterly by 39,7 feet from the N.E. corner of Lot 6, Block 5, Boyd's First Addition to the City of Auburn, according to plat thereof recorded in Volume 21 of plats, Page 14, Records of King County, Washington; thence Southerly parallel with the east line of said Lot 6 a distance of 113.02 feet; thence westerly 'parallel witIL the South line of said 15th Street S.E. 39.7 feet to the centerline of the alley in said Block 5 and the end of said description centerline. First Parties and Second Parties hereby agree to share equally in the cost of reasonable maintenance and repair . for said sewer line as situated on Tract No. 1, and in'connection 7 1 f wit therewith First-Parties further grant to Second Parties an easement ten feet in width'lying five feet on both sides .of said sewer center line for the purpose of maintaining and repairing said sewer line jointly with First Parties. It is further understood and agreed that said \•4 fi- easement and right to use said sewer line shall terminate at such time as a sewer main may be installed along.a street or alleyway adjoining Tract No. 2 on to which the sewer. line from Tract No. 2 may be connected. The grant of this easement shall be further subject to the issuance of a permit by the City of Auburn to Second Parties to lay an eight inch sewer line across 15th Street S.E. from Tract No, 2 to Tract No. 1. Second Parties further agree to pay for all costs of installing and maintaining the said sewer line across 15th Street S.E., and to comply with all maintenance require- ments of the City of Auburn in this regard. The easement granted, and the rights and obligations hereunder, shall run.with Tract No, 1 and Tract No. 2, and shall inure to the benefit of and be binding upon the parties hereto and their respective successors in interest in and to said tracts. IN WITNESS WHEREOF, the parties hereto have hereunto executed this agreement the day and year first above written. FIRST PARTIES SECOND PARTIES 47 01 I. t-- ~ -4- i i I -i e( { .:0 STATE OF WASHINGTON ) SS. COUNTY OF KING ) On this !5 day of ;il.~Il1 1967 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared RAY E. ALLEN, DOROTHY M. ALLEN, KENNETH C. ALLEN and PATRICIA J. ALLEN, to me known to be the individuals i described in and who executed the foregoing instrument, and acknowledged to me that they signed and sealed the said instrument as their free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. 6 IN C'A'C.- NOTARY PUB IC in and fo the Washington, residing at Seatei STATE $ v .;gti OF WASHINGTON s COUNTY OF KING ) s. On this - day of 1967, be~¢,x.e me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared KENNETH C. ALLEN and PATRICIA J. ALLEN, to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged to me that they signed and sealed the said instrument as their free and voluntary act and. deed for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed -5- 4 i s the day and year in this certificate above w 'tten. NOTARY PUBLIC in a d for the State-,,.. Washington, residing at S F _ C . ►•r i~ ~r f i i i. • r _r,• 'sal. , •y • ~6x 4 filed for Recgt ~oZ 79~ `/_:kL . Request of ~-•-c._( ROBERT A. MORRIS. Countv Auditor.. WEYER, STERNE & GASRILL DAVID A. WEYER ATTORNEYS AT LAW RICHIE H. STERNE MARGARET ©ASKIL.L 6 I J A M. S S T R c- E T SEATTLE, WASHINGTON 98104 June 20, 1967 TELEPHONE MAIN 4-2776 Mr. George Schuler Planning Director 100-1) City of Auburn 196 20 A Street N.W. Auburn, Washington. Re: Allen/Allen Easement Dear Mr. Schuler: Enclosed is conformed copy of easement executed by and between the Allens pertaining to property situated in Auburn. The conformed copy indicates the recording data. The terms of this easement have previously been discussed with you and it is our understanding that its execution and recording is a condition to the issuance of a permit by the City of Auburn for the laying of an eight inch sewer line across 15th Street S.E. from tract No. 2 to tract No. 1, as described in the easement. Sincere XCHIE H. STERNE RHS:lw Encl. cc: Kenneth Allen ~'~y •.r•~..nM~iM''-.....~~..~.. . rl R .,lf i~~ =.d,.Ji 11 9 a _ _ w.w.•w.~Wi•n:w~h + ,r . . _ . No 6188063 bl . f, . Recorded June .12 3. .:196 1" King County Auditor. r, Vol. 4943 Deeds V Page 30 , ~t r t AGREEMENT. 1.. ' THIS AGREEMENT, made and entered into this `r day of 1967, b and between'RAY E. ALLEN ''''.,•n:' and DOROTHY M..ALLEN, his wife, and KENNETH C, ALLEN and PATRICIA J. ALLEN, his wife (hereinafter designated "First Parties"), and KENNETH C. ALLEN and PATRICIA J. ALLEN his : wife (hereinafter designated "Second Parties") WITNESSETH• . , WHEREAS, First Parties are.the owners of real 1 property situated in the City of Auburn,.,.King County, Washington, ' legally described as follows : ; The north half of the following:..': That portion of Government lot,:2,'Section 19, C. 'Township 21 north, Range 5 east,, W..M., in . Kind; County, Washington, described as follows: Beginning at the soutlieast corner of said y Government lot; thence westerl orlon the ' `^r , 'southerly margin thereof a distance of. 224.13 ii feet. to the true point olf''.begi~iii~ ng: of this description; thence northerly parallel to the easterly margin of Boyd's First Addition to the City of Auburn, according to the.plat recorded in volume 21 of plats, page 14,.in King County, ' Washington, a distance of 433.50 feet, more or less, to the existing center line of 15th j s Street Southeast, as per said plat of Boyd's 4~' First Addition; thence westerly. 152.50 feet, f more or less, to the easterly boundary of said j Boyd's First Addition; thence southerly along the easterly boundary of said plat 433.50 feet, ..more or less, to. the south line of aforesaid Government lot 2; thence easterly- 152.50 feet, more or less to the true point of beginning of this description, EXCEPT the north 30 feet thereof conveyed to the City of Auburn by deed t recorded under auditor's file No. 5664287 and c, EXCEPT the south 15 `eet thereof conveyed to the ~',••3 City of Auburn by deed recorded under Auditor's ' file No. 5640545. (hereinafter designated Tract No. 1) , and WHEREAS, Second Parties axe the 'owners of real property r;>i:. Washington, legally situated in the City of Auburn, Kin; County, . 7NJ AGREEMENT 0 THIS AGREEMENT, made and entered into this 1 day of uT11AA5 , 1967, by and between RAY E. ALLEN and DOROTHY M. ALLEN, his wife, and KENNETH C. ALLEN and PATRICIA J. ALLEN, his wife (hereinafter designated "First Parties"), and KENNETH C. ALLEN and PATRICIA J. ALLEN, his wife (hereinafter designated "Second Parties"), WITNESSETH: WHEREAS, First Parties are the owners of real property situated in the City of Auburn, King County, Washington, legally described as follows: The north half of the following: That portion of Government lot 2, Section 19, Township 21 north, Range 5 east, W.M., in King County, Washington, described as follows: Beginning at the southeast corner of said Government lot; thence westerly along the southerly margin thereof a distance of 224.13 feet to the true point of beginning of this description; ;:hence northerly parallel to the easterly margin of Boyd's First Addition to the City of Auburn, according to the plat recorded in volume 21 of plats, page 14, in King County, Washington, a distance of 433.50 feet, more or less, to the existing center line of 15th Street Southeast, as per said plat of Boyd's First Addition; thence westerly 152.50 feet, more or less, to the easterly boundary of said Boyd's First Addition; thence southerly along the easterly boundary of said plat 433.50 feet, more or less, to the south line of aforesaid Government lot 2; thence easterly 152.50 feet, more or less, to the true point of beginning of this description, EXCEPT the north 30 feet thereof conveyed to the City of Auburn by deed recorded under auditor's file No, 5664287 and EXCEPT the south 15 feet thereof conveyed to the City of Auburn by deed recorded under Auditor's file No. 5640545. (hereinafter designated Tract No. 1), and WHEREAS, Second Parties are the owners of real property situated in the City of Auburn, King County, Washington, legally S described as follows: That portion of Government lot 2, Section 19, Township 21 North, Range 5, East, W.M., in King County, Washington, described as follows: Beginning at the southeast corner of said Government lot 2; thence westerly along the southerly margin thereof, a distance of 376.63 feet; thence.north 0°54'58" east along the easterly margin of Boyd's First Addition to the City of Auburn, according to plat recorded in volume 21 of plats, page 14, in King County, Washington, a distance of 583.5 feet; thence easterly parallel to southerly margin of said Government lot 2 a distance of 70 feet to the true point of beginning; thence continuing easterly along said parallel line a distance of 82.5 feet; thence south 0°54'58" west, parallel to the easterly line of said Boyd's First Addition to the City of Auburn, a distance of 150 feet; thence westerly, parallel to the southerly margin of said Government lot 2, a distance of 82.5 feet; thence north 0°54'58" east parallel to said easterly line of Boyd's First Addition to the City of Auburn, a distance of 150.00 feet to the true point of beginning. (herainafte:.- design.r:ted Tract S'.~. w) , and WHEREAS, Tract No. 1 abuts 15th Street S.E. on the south side thereof, and lies directly to the south of Tract No. 2, which abuts 15th Street S.E. on the north side thereof, and WHEREAS, the owners of Tract No. 2 desire to install and lay an eight inch sewer line across 15th Street S.E. from Tract No. 2 to a sewer stub connection situated on the south side of 15th Street S.E., and WHEREAS, the owners of Tract No. 2 further desire an easement to use, in common with the owners of Tract No. 1, that certain eight inch sewer line now installed and existing over and across portions of Tract No. 1, from the stub connection _2_ .74 on the south side of 15th Street S.E. to an alleyway lying to the west of Tract No. 1 where said sewer line connects with a sewer lateral on property owned by the City of Auburn (the exact course of which sewer line is hereinafter described), and WHEREAS, First Parties are willing to grant said easement, subject, however, to the terms and conditions as provided for herein NOW, THEREFORE, First Parties hereby grant to Second Parties, and to their successors in interest in and to Tract No. 2, a permanent and appurtenant easement and right to use, in common with Second Parties, to meet the sewage disposal requirements of both Tract No. 1 and Tract No. 22 that certain eight inch sewer line as it is now situated over portions of Tract No. 1, the center line of which sewer line is described as follows: Beginning at a point on the South line of 15th Street S.E. distant easterly by 39.7 feet from the N.E. corner of Lot 6, Block 5, Boyd's First Addition to the City of Auburn, according to plat thereof recorded in Volume 21 of plats, Page 14, Records of King County, Washington; thence Southerly parallel with the east line of said Lot 6 a distance of 113.02 feet; thence westerly parallel with the South line of said 15th Street S.E. 39.7 feet to the centerline of the alley in said Block 5 and the end of said description centerline. First Parties and Second Parties hereby agree to share equally in the cost of reasonable maintenance and repair for said sewer line as situated. on Tract No. 1, and in connection . therewith First Parties further grant to Second Parties an easement ten feet in width lying five feet on both sides of said sewer center line for the purpose of maintaining and.repairing said sewer line jointly with First Parties. It is further understood and agreed that said easement and right to use said sewer line shall terminate at such time as a sewer main may be installed along a street or alleyway adjoining Tract No. 2 on to which the sewer line from Tract No. 2 may be connected. The grant of this easement shall be further subject to the issuance of apermit by the City of Auburn to Second Parties to lay an eight inch sewer line across 15th Street S.E. from Tract No. 2 to Tract No. 1. Second Parties further agree to pay for all costs of installing and maintaining the said sewer line across 15th Street S.E., and to comply with all maintenance require- ments of the City of Auburn in this regard. The easement herein granted, and the rights and obligations hereunder, shall run with Tract No. 1 and Tract No. 2, and shall inure to the benefit of and be binding upon the parties hereto and their respective successors in interest in and to said tracts. IN WITNESS WHEREOF, the parties hereto have hereunto executed this agreement the day and year first above written. FIRST PARTIES SECOND PARTIES 1 STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this ~6~-4 day of '`~c~N' , 1967) before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared RAY E. ALLEN, DOROTHY M. ALLEN, KENNETH C. ALLEN and PATRICIA J. ALLEN, to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged to me that they signed and sealed the said instrument as their free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day and year in this certificate above wri en. NOTARY PUBLIC in and f r the State of Washington, residing at Seattle. STATE OF WASHINGTON ) ) ss. COUNTY OF KING } On this day of l,//(f 1967, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared KENNETH C. ALLEN and PATRICIA J. ALLEN, to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged to me that they signed and sealed the said instrument as their free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed _5- 71 the day and year in this certificate above wr' ten. NOTAR PUBLIC in anc or the State of Washington, resi ing at Seattle. _6_