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Home My WebLink AboutL_Second_Amendment_Sewer_Easement_Agreement_181001_v120180215001600.001 Instrument Number: 20180215001600 Document:AMND Rec: $78.00 Pugs Record Date:2/15/2018 4:02 PM King Countv, WA After Recording Return To: Paula Chambers Windermere Real Estate 181015th Place N W # 100 Issaquah, WA 98027 Chic g T Ref Grantor: I�IIIIII IIII IIII IIIII IIII) III II IIIII IIIII IIII IIIII IIIIIII IIII 20180216001600 AMENDMENT Rec: $78.00 211612018 4:02 PM KING COUNTY, WA [.Y �[K17►1 t7•�u'1 a1►! D►�tI a1►il lIl C�I.Y�I`:L� t3 Grantee(s): Abbreviated Legal Description: Full Legal Description: Assessor's Tax Parcel Nos.: Reference Nos. of Related Doc.s: Ruth Bill, a single woman AGREEMENT SSHI LLC, Delaware limited liability company Lot B, King County LLA No. 8908008; Lot 4, Blk. 2, Cedar River Five Acre Tracts, Vol. 16, Pg. 52, King County See page 5 of this document 1463400021;1463400060 20160712001676,20161013001083 This SECOND AMENDMENT TO SEWER EASEMENT AGREEMENT (this "Second Amendment ") is made and entered into as of fe-to L,f \-S 2018, by and between Ruth Bill, a single woman ("Grantor"), and SSHI LLC, a Delaware limited liability company ("Grantee") (as successor in interest to Tri Minh Phan and Diep Nguyen). RECITALS A. Grantor and Grantee are the current owners of the properties described on EXHIBIT A attached hereto (properties). I B. Grantor's and Grantee's properties, which are described on EXHIBIT A, are subject to that certain Sewer Easement Agreement recorded on July 12, 2016 under King County Recording No. 20160712001676, as amended by First Amendment recorded on October 13, 2016 under King County Recording No. 20161013001083, hereafter together referred to as "Sewer Easement". C. Both Grantor and Grantee (collectively, the'Parties") now wish to amend and clarify the Sewer Easement on the terms and conditions set forth below. Page 1 EXCISE TAX NOT REQUIRED DMWOn t3y � � � nstrument Number: 20180215001600 Document:AMND Rec: $19,66,va"gc Record Date:2/15/2018 4:02 PM King Countv, WA D. The Parties acknowledge that Grantor has separately granted an easement for Sanitary Sewer Utilities to the City of Renton (` �) under the Sanitary Sewer Utilities Easement recorded on December 8, 2017, under King County Recorder's No. 20171208000184 ("City Easement"). The City Easement is intended to cover the Sewer Facilities as installed and will run over the same area as the Permanent Easement Area described in the Sewer Easement. E. Grantee intends to construct the Sewer Facilities under the Temporary Construction Easement granted in the Sewer Easement. Thereafter, Grantee intends to convey the Sewer Facilities to the City for permanent operation and maintenance under the City Easement; however, Grantee will remain on bond for two years after the City accepts the Sewer Facilities to cover any defect's in Grantee's construction of the Sewer Facilities (the period after City acceptance and during which Grantee's bonds remain in place, the "BondingPeriod'). eriod'). The Parties wish to revise the Sewer Easement to reflect the foregoing. AMENDMENT NOW, THEREFORE, in consideration of the mutual benefits set forth herein, and other good and valuable consideration, the Parties hereby amend the Sewer Easement asfol lows: 1. Revised Permanent Sewer Easement. Paragraph 1.(b) of the Sewer Easement Agreement recorded on July 12, 2016 is hereby deleted and replaced with the following: (b) Grantor hereby grants, conveys, and warrants to Grantee, and its employees, agents, contractors, representatives; successors and assigns, for the benefit of Grantee's Property, a permanent non-exclusive easement (the 'Permanent Sewer Easement") under, over, across and through Grantor's Property in the Permanent Easement Area for the purpose of repairing, replacing, and restoring the Sewer Facilities during the Bonding Period as required under Grantee's bonds, together with the right of temporary access across adjacent areas of Grantor's Property only if and to the extent necessary to carry out any required repairs to the Sewer Facilities arising during the Bonding Period. The Permanent Sewer Easement shall become effective on the date that the Sewer Facilities are deemed complete by the City (on which date the Temporary Construction Easement above shall expire), and the Permanent Sewer Easement shall continue in full force and effect thereafter until the end of the Bonding Period. The Permanent Sewer Easement shall terminate, along with Grantee's obligation to maintain and repair the Sewer Facilities, upon expiration of the Bonding Period. Grantor acknowledges that the City will own and become responsible for the general operation, maintenance and repair of the Sewer Facilities upon the City's acceptance of the same (with Grantee only being responsible for defect repairs arising during the Bonding Period). 2. Miscellaneous. This Second Amendment may be executed in counterparts. Grantee shall pay all costs to record this Second Amendment. Except as amended by this Second Amendment, all other terms and conditions of the Sewer Easement Page 2 Instrument Number: 20180215001600 Document:AMND Rec: $1/9.'66 gc Record Date:2/15/2018 4:02 PM King Countv, WA remain unchanged, in full force and effect, and the Sewer Easement, as amended, is hereby ratified and affirmed. IN WITNESS WHEREOF, this Second Amendment was executed and made effective on the date first above written. By: 7cz cr �U 1�cz Paula Chambers, as attorney -in -fact for Ruth Bill, a single woman GRANTEE: SSHI LLC, a Delaware limited liability company Page 3 Instrument Number: 20180215001600 Document:AMND Rec: $19"66,vag"C Record Date:2/15/2018 4:02 PM King Countv, WA STATE OF WASHINGTON ) ) ss COUNTY OF KING ) 1, a Notary Public in and for the State of Washington, do hereby certify that Paula Chambers personally appeared before me and is the person that executed the within and foregoing instrument in her capacity as attorney -in -fact for Ruth Bill, and she acknowledged the foregoing instrument to be the free and voluntary act and deed of herself and of Ruth Bill, for the uses and purposes therein mentioned, and acknowledged she is authorized to and has the full power to execute this instrument on behalf of Ruth Bill as her lawful attomey-in-fact. GIVEN un�PVAWHN,and official seal this day of Q 2018. 44p,,•96�ON fit Er,,Na, ��/� Print Name W � �r0tAFy R�'; y NOTARY P BLICmandfortheStateofWashington; "s°u - • ' z s residing at:? e`td k 10uev`rj � = My commission expifes: rl q14AU0 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) 1, being a Notary Public in and for the State of Washington, do hereby certify that Kevin Capuzzi, Seattle Division President of SSHI LLC, personally appeared before me and is the person that executed the within and foregoing instrument on behalf of said limited liability company, and acknowledged said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and further acknowledged he was authorized to execute said instrument on behalf of said limited liability company. GIVEN under my hand and offic' sea ,this d off_=�!1 O ' 2018. oL Print Name 0 HAto Hit .t••-�Meee�� NOTARY PUBLIC in and forthe State of Washington; � :1/j M residing at: 1LI ?� 7''/"OM �n My commission expires: -,2 / -a PUB1.K+ n Page 4 Instrument Number: 20180215001600 Document:AMND Rec: $l§'6d'va"gc Record Date:2/15/2018 4:02 PM King Countv, WA EXHIBIT A Legal Description of Grantor's Property THE SOUTH 110 FEET OF THE WEST HALF OF LOT 3, TOGETHER WITH THE NORTH HALF OF LOT 4, ALL IN BLOCK 1, CEDAR RIVER FIVE ACRES TRACTS, AS RECORDED IN VOLUME 16 OF PLATS, PAGE 52, RECORDS OF KING COUNTY, WASHINGTON. ALSO KNOWN AS LOT B OF KING COUNTY LOT LINE ADJUSTMENT NO. 8908008 APPROVED NOVEMBER 30, 1989. AND ALSO KNOWN AS KING COUNTY TAX PARCEL NO. 146340-0021. Legal Description of Grantee's Property LOT 4IN BLOCK 2 OF CEDAR RIVER FIVE ACRE TRATS, AS PER PLAT RECORDED IN VOUME 16OF PLATS, PAGE 52, RECORDS OF KING COUNTY; SITUATE IN COUNTY OF KING, STATE OF WASHINGTON. ALSO KNOWN AS KING COUNTY TAX PARCEL NO. 146340-0060. Page 5