HomeMy WebLinkAbout2014 - Temporary Construction Easement - Tukwila School District No 406 - 20140711001180 141761" A PICAN
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Recorded at the Request of,and
When Recorded Return to: 11 111 11 111 11 11 111 11 11
City of Tukwila 20140711001180
Public Works Department FIRST A1ERICAN7EAS 78.00
6200 Southcenter Boulevard 07/11/2014 16:34 •
Tukwila, Washington 98168 KING COUNTY, UA
EXCISE TAX NOT REQUIRED
King s
By Co _ ecords
Dcputy
ASSESSOR'S TAX PARCEL NUMBER: 1623049038
TEMPORARY CONSTRUCTION EASEMENT
THE GRANTORS, Tukwila School District No. 406, which acquired title as South Central
School District No. 406 and as King County School District No. 406, for mutual benefits and
other good and valuable consideration, receipt of which is hereby acknowledged, conveys and
grants to THE GRANTEE, THE CITY OF TUKWILA, its successors and assigns, a
temporary, non-exclusive, right, permit, license and easement to use and occupy the land
described as follows: 1
SEE EXHIBIT"A"—Legal Description of Easement(s), including a map of Easement(s),
attached hereto and by t�his reference incorporated herein
1. From the start of construction activities on the Cascade View Elementary Safe Route,
Phase I project until the latter of December 31, 2015, or until completion of the
improvement projects, for any and all purposes incidental to the construction of the
Cascade View Elementary Safe Route, Phase I project. This easement is granted subject
to the following terms and conditions:
A. Grantor shall not have the right to:
i. Erect or maintain any buildings or structures within the Easement Area; or
ii. Develop, landscape, or beautify the Easement Area in any way, which would
unreasonably increase the cost to the Grantee of restoring the Easement Area
and any private improvements therein.
B. Grantee shall indemnify and save the Grantor harmless from any and all claims and
causes of action of every kind and description which may accrue to, or be suffered by,
any person, persons or property by reason of, arising out of, or resulting from the use
and occupancy of said lands by the Grantee, its successors and assigns, except for such
claims and causes of actions caused by Grantor's negligence.
C. In case of an emergency, the Grantee shall have the right without prior notice or
proceeding at law, to enter upon the property for purposes of construction, repair
and/or reconstruction of public and/or private improvements.
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D. This construction easement is temporary in duration and is for the purpose of granting
permission to the CITY OF TUKWILA and its agents to enter onto the Grantor's
property and make surface modification to surrounding areas, as identified on the
attached exhibits and as necessary to complete the Cascade View Elementary Safe
Route, Phase I project.
E. Upon completion of construction of said Cascade View Elementary Safe Route, Phase
I project, the CITY OF TUKWILA or its agents shall restore the existing slopes on
said lands to match the new construction, restoring private property to the proposed
conditions according to the city's construction plans.
F. These terms and obligations expressed herein are not binding upon the CITY OF
TUKWILA unless and until approved and accepted in writing by the Director of
Public Works for the CITY OF TUKWILA.
2. General Provisions.
A. Access. Grantee and Grantee's agents shall have the right of access to the
easement under, across, and over the Property to enable Grantee to exercise its rights
hereunder.
B. Indemnification. Grantee shall hold the Grantor harmless from all costs, claims,or
liabilities of any nature, including attorneys' fees, costs, and expenses for or on account of
injuries or damages sustained by any persons or property resulting from the negligent
activities or omissions of the Grantee resulting from this easement.
Grantor shall hold the Grantee and its officers, agents and employees harmless from
all costs, claims or liabilities of any nature including attorneys' fees, costs and expenses for or
on account of injuries or damages sustained by any persons or property resulting from the
negligent activities or omissions of the Grantor, or Grantor's agents or employees resulting
from this easement.
C. Attorneys' Fees. In the event that any suit or other proceeding is instituted by
either party to this instrument arising out of or pertaining to this instrument or the relationship
of the parties, including but not limited to the filing of a lawsuit, a request for an arbitration,
mediation, or other alternative dispute resolution process (collectively, "Proceeding"), and any
appeals and collateral actions relative to such a Proceeding, the substantially prevailing party
as determined by the court or as determined in the Proceeding shall be entitled to recover its
reasonable attorneys' fees and all costs and expenses incurred relative to such Proceeding
from the non-prevailing party, in addition to such other relief as may be awarded.
D. Binding Effect. This instrument shall be binding upon and inure to the benefit of
the parties and their successors, heirs, assigns, and personal representatives and all persons
claiming by, through or under the parties hereto. The easement created by this instrument
Page 12
shall be appurtenant, shall touch and concern the real property identified as
Owner's/Grantor's Parcel, and shall run with the land.
E. Applicable Law. This instrument shall be governed by and construed in
accordance with the laws of the State of Washington. Jurisdiction over and venue of any suit
arising out of or related to this instrument shall be exclusively within the state or federal
courts of King County, Washington.
F. Entire Agreement. This instrument contains the entire agreement between the
parties with respect to this matter. It may not be modified except in a writing signed by both
parties.
G. Waiver. Any waiver by a party of a breach of any provision of the agreement
contained within this instrument by the other party shall not operate or be construed as a
waiver of any subsequent breach by that party. No waiver shall be valid unless in writing and
signed by the party against whom enforcement of the waiver is sought.
H. Severability. If for any reason any portion of this instrument or any agreement
contained herein shall be held to be invalid or unenforceable, the holding of invalidity or
unenforceability of that portion shall not affect any other portion of this instrument or
agreement and the remaining portions of the instrument shall remain in full force and effect.
I. Notices. Any notice required or desired to be given under this instrument shall be
deemed given if it is in writing and actually delivered to the party, or sent by certified mail to
the address listed below for that party:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Tukwila School District No. 406
4640 S 144th St
Tukwila, WA 98168
In Witness hereof we set our hands and seals,
DATED this ( day of , 2014
GRANTOR
By : �.� Ci Its:Surer 1 1,.
Page 13
GRANTEE
CITY OF TUKWILA
Vt(4 • • Am ice/ w'
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Attest/Authenticated by:
4642, 40
City C erk / Approved As To Form by
City Attorney
State of Washington )
: SS
County of King )
On this I 1 day of - , 2014, before me,the undersigned, a Notary Public in
and for the State of Washington, duly commissioned and sworn,personally
appeared NI ...1"r.,6- Cd c.,3 , to me known to be the 5,.;(1,,,;r��'p r�le 4 of
��K,,,,;( � SC k..7>I S , who executed
the Walkway and Utility Easement and acknowledged the said instrument to be free and
voluntary act and deed of said nonprofit corporation, for the uses and purposes therein set
forth, and on oath stated that they are authorized to sign said instrument on behalf of said
nonprofit corporation.
WITNESS my hand and official seal hereto affixed the day and year first above written.
Signature of Notary Publ :
•
Printed Name of Notary Public-4/a.R
Notary POWs
Moto at Washlopoo
KATRICE R CYPHERS Notary Public in and for the State of Washington,
My Amookomont E x p h s s F s 0 21,2017 Residing a t –17.3 I L L..); —Appointment Expires: y/Z 12-°1 7
Page 14
STATE OF WASHINGTON )
. ss.
County of King )
On this ________day of 34i9 , 20 i 4, before me, the undersigned, a
Notary Public i and for the State of Wa-fhington, duly commissioned and sworn, personally
appeared rr• 05 Qilm' , known to me to be the Mayor of CITY OF
TUKWILA, the municipal'corporation that executed the foregoing instrument, and
acknowledged it to be the free and voluntary act of said municipal corporation, for the uses
and purposes mentioned in this instrument, and on oath stated that he was authorized to
execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year above written.
3r474 O ,���
, ., Notary Public in for the State of Washington.
r ,
s 0 �'`s % Residing at: g
ti 4 3 6 -?s My appointment expires:
114 Ne 61.
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Page 15
TEMPORARY CONSTRUCTION EASEMENT
KING COUNTY PARCEL 1623049038
THAT PORTION OF LAND AS DESCRIBED IN DEED FILED UNDER
AUDITORS FILE NUMBER 4580570, RECORDS OF KING COUNTY,
WASHINGTON, SITUATED IN THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 4
EAST, W.M., LYING EAST OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE SOUTHEAST CORNER OF SAID DEED, BEING
663.42 FEET SOUTHERLY OF WHEN MEASURED ALONG THE EAST LINE
OF SAID SOUTHEAST QUARTER;
THENCE NORTH 89°48'45" WEST, ALONG THE SOUTHERLY LINE OF
SAID PARCEL, A DISTANCE OF 44.63 FEET TO THE POINT OF
BEGINNING; THENCE NORTH 07°17'46" WEST A DISTANCE OF 8.19
FEET; THENCE NORTH 04°07'17" EAST A DISTANCE OF 228.76 FEET TO
THE SOUTH LINE OF A PARCEL DESCRIBED IN DEED RECORDED
UNDER RECORDER'S NUMBER 9505310845, RECORDS OF KING
COUNTY, WASHINGTON, AND THE TERMINUS OF SAID LINE.
CONTAINING 7,817 SQUARE FEET, MORE OR LESS.
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EASEMENT EXHIBIT
CASCADE VIEW ELEMENTARY DAVID EVANS
IMO SAFE ROUTES TO SCHOOL PROJECT a AND ASSOC 8th AvATES INC.
enue SE
A PORTION OF SECTION 16 ti Q Bellevue Washington 98005-3518
T.23N., R.04E., W.M. CITY OF TUKWILA, Phone: 425.519.6500
KING COUNTY, WASHINGTON