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HomeMy WebLinkAbout2009 - Easement Replacement Form - Harnish Group - 20090203000960 20090203000960 CITY OF TUKWIL EAS 47.00 Return to: 0250 006 57 City Clerk KING COUNTY, WA City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 EASEMENT REPLACEMENT FORM Grantor /Borrower: HARNISH GROUP, INC., a Washington corporation. Grantee /Beneficiary: CITY OF TUKWILA, a municipal corporation of King County, Washington. Assessor's Tax Parcel Number: 362304 -9059 1. Recitals. A. The Grantor is the owner of that certain real property legally described on Exhibit A attached hereto and incorporated herein by this reference "Parcel A B. This instrument sets forth the terms and conditions under which the Grantor will grant the Grantee a permanent easement. 2. Grant of Easement. For good consideration, the receipt of which is hereby acknowledged, the Grantor grants, conveys, and warrants to the Grantee a permanent easement upon, under, across, and over Parcel A, a legal description of said easement being attached hereto as Exhibit B and incorporated herein by this reference. 3. Purpose of Easement. The Grantee shall be entitled to use the easement under, across, and over Parcel A in perpetuity for the purpose or purposes of constructing and maintaining sidewalk, public utilities (including but not limited to: sanitary sewer, drainage, water, illumination, and traffic signal equipment), and franchise utilities (including, but not limited to: electical, gas, and telephone). EXCISE TAX NOT REQUIRED King Co R cis eputy 4. Reulacement. This easement replaces and supersedes those easements recorded the 7 day of April 2008, under recording nos. 20080407001691 and 20080407001692 and are hereby released and abandoned by the City of Tukwila. 5. General Provisions. A. Access. Grantee shall have the right of access to the easement under, across, and over the Property to enable Grantee to exercise its rights hereunder. B. Obstructions. Grantee may need to remove trees, bushes and other obstructions within the easement area to the extent necessary to carry out the purposes set forth in paragraph 3 hereof, provided, that following any such work, Grantee will, to the extent reasonably practicable, restore the easement area to the condition it was immediately prior to such work. Grantor is prohibited from installing any trees, bushes or other obstructions which would be unreasonably expensive or impractical for Grantee to remove and restore. C. 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. D. 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. E. Bindinia 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 shall be appurtenant, shall touch and concern the real property identified as Parcel A, and shall run with the land. F. Annlicable 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. G. 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. H. 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. I. Severabilitv. 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. J. 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 OF TUKWILA, WASHINGTON GRANTOR k.,, Tit Mavor Title: I y� Date: --Q Date: �a'/ 3o /Ov Attest/ thenticated: Approved To City Clerk ACKNOWLEDGMENTS STATE OF WASHINGTON ss. COUNTY OF 46Aio, J I certify that I know or have satisfactory evidence that 'J tYk l q,ertrrt is the person who appeared before me, and said person acknowledges that (qsL signed this instrument and on oath stated that he /she was authorized to execute the instrument on behalf of aj and acknowledged it to be his/her free and voluntary act or We uses and purposes mentioned in this instrument. DATED: ti�rA,adM 40 Print Name: PC(le6Sa, 14a/ NOTARY PUBLIC for the State of qfiVVI residing at Y g'o'd +V'10+ !0= _S rooisg`A� My appointment expires: 1 VS STATE OF WASHINGTON ss. COUNTY OF 4.�.t..YtG1 J I certify that I know or have satisfactory evidence thattC�natxo( C•.ttLh is the person who appeared before me, and said person acknowledges that he /she signed this instrument and on oath stated that he /she was authorized to execute the instrument on behalf of i4u l "c and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in this strume DATED: Print Name: mete use R 4r NOTARY PUBLIC for the State of residing at v or� My appointment expires: //.q s C1 a` �'4SHI%G' EXHIBIT A LEGAL DESCRIPTION That portion of the NE quarter of the NW quarter of Section 36, Township 23 North, Range 4 East, W. M., in King County, Washington, described as follows: Beginning at a point 669.75 feet west and 30 feet north of the NE corner of Henry Adams Donation Claim No. 43; thence westerly 66 feet along a line parallel to and 30 feet north of the north line of said Henry Adams Donation Claim No. 43; thence North V 39' East 120 feet; thence South 88° 21' East to the west line of right -of -way of the Seattle- Tacoma Interurban Railway (Puget Sound Electric Railway) as heretofore acquired; thence south along said west line to a point on a line 30 feet north and parallel to the north line of said Henry Adams Donation Claim No. 43; thence westerly along said parallel line to the point of begenning. Situate in the City of Tukwila, County of King, State of Washington. EXHIBIT B LEGAL DESCRIPTION OF EASEMENT That portion of the northeast quarter of the northwest quarter of Section 36, Township 23 North, Range 4 East, W. M., in King County, Washington, described as follows: Beginning at a point 30 feet north and 735.73 feet west of the NE corner of Henry Adams Donation Land Claim No. 43; thence North V 39' East 120 feet; thence easterly and parallel to the north line of Henry Adams Donation Land Claim No. 43 a distance of 66 feet; thence South V 39' West 120 feet; thence Westerly and parallel to said north line 66 feet to the point of beginning Along with the south 65 feet of the following described property: Beginning at a point 669.75 feet west and 30 feet north of the NE corner of Henry Adams Donation Claim No. 43; thence North 1° 39' East 120 feet; thence South 88° 21' East to the west line of right -of -way of the Seattle Tacoma Interurban Railway (Puget Sound Electric Railway) as heretofore acquired; thence south along said west line to a point on a line 30 feet north and parallel to the north line of said Henry Adams Donation Claim No. 43; thence westerly along said parallel line to the point of begenning. Situate in the City of Tukwila, County of King, State of Washington.