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Home My WebLink About2008 - Public Storm Drainage Easement - Normed Shaw Partership - 20080411000021Return to: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 1. Recitals. Above this line reserved for Recorder's use PUBLIC STORM DRAINAGE EASEMENT Grantor: NORMED -SHAW PARTNERSHIP, a Washington State general partnership Grantee: CITY OF TUKWILA, a municipal corporation of King County, Washington. Document Reference Number(s): Section/Township /Range: NW1 /4 of the NE1 /4 of Sec. 15, T23N., R.4E., W.M. Assessor's Tax Parcel Number(s): 734920 -0135 Abbreviated Legal Description: Within a Portion of the NW1 /4 of the NE1 /4 of Sec. 15, T23N., R.4E., W.M. Full legal descriptions of subject property and public storm drainage easement are legally described in Exhibits `A -1' and 'A -2', which are attached and incorporated by reference. A. The Grantor is the owner of that certain real property legally described on Exhibit `A -1' attached hereto and incorporated herein by this reference. B. This instrument sets forth the terms and conditions under which the Grantor will grant the Grantee an easement. Page 1 of 8 2. Grant of Easement. A. For and in consideration of TEN DOLLARS ($10.00) and other valuable consideration, the receipt of which is hereby acknowledged, NORMED -SHAW PARTNERSHIP, "Grantor grants, conveys, and warrants to the CITY OF TUKWILA, "Grantee for the purposes hereinafter set forth, a perpetual easement under, across, and over a portion of the Parcel described above, a depiction of said easement being attached hereto as Exhibit `B -1', and a legal description of said easement being attached hereto as Exhibit 'A -2', both incorporated herein by this reference. 3. Purpose of Easement. The Grantee shall be entitled to use the easement under, across, and over a portion of the Parcel described above, a depiction of said easement being attached hereto as Exhibit 'B -1', and incorporated herein by this reference, in perpetuity for the purpose or purposes of: To operate, maintain, repair, replace, improve, remove, and use the easement for storm drainage. 4. 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. 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. Page 2 of 8 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 shall be appurtenant, shall touch and concern the real property identified above, 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. 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: Page 3 of 8 City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 IN WITNESS WHEREOF, §aid individual(s) have caused this instrument to be executed this 2.2 day of .kr,,o,, 2008. STATE OF WASHINGTON) )ss. County of King /I 1 certify that 1 know or have satisfactory evidence that Lawrence. X71. Shaw is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he /she was authorized to execute the instrument and acknowledged it as the at-11W of N0r7112d S)'trtu J Fa rfnerR t a Partnership, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated Fe hrutbt -tj 2008 Orillisdhaaaaislalia Note,/ Public Nolo of wGMhpbh J A ETRASENMC lMY Appoinkno M Exp Ore 2L 2010 ryadd-at4l,, Notary Public in and for the State of Washington residing at SIa ¢f GO i9 My appointment expires 4QMoinhtr a2B ewe) Page 4 of 8 NORMED -SHAW PARTNERSHIP 4310 S. 131 PL Tukwila, WA 98168 2 -2, -(0S Property Owne rantor Date 747 DATED this 7 day of GRANTEE: CITY OF TUKWILA 2008. Attest/Authenticated: t Owe. a Clerk Approved As To Form by City Attorney STATE OF WASHINGTON County of King On this day of /(eA aCJ 2008, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioried arri�d sworn, personally appeared /l�I �YN GG E/_TT _,7/J 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 /she was authorized to execute said instrument. SS. WITNESS my hand and official seal hereto affixed the day and year above written. J4-7v AlA/(3 A4IfI print name C./ it/6d 4_- TARY PUBLIC in and for the State of Washington, residing at Ylcj �vYLLO�2LY C�v 6c z Page 5 of 8 EXHIBIT 'A -1' Legal Description of Grantor's Property Lots 8 through 13, Block 3, Riverton Replat of Lots 1 to 5, Fostoria Garden Tracts, according to the plat recorded In Volume 13 of Plats, page 40, and over, under and across Vacated 43rd Avenue South adjoining, 43rd Place South adjoining, and 44th Place South adjoining; EXCEPT Primary State Highway No. 1 (SR -599) by Superior Court Cause No. 618285. Page 6 of 8 EXHIBIT "A -2" LEGAL DESCRIPTION STORM DRAINAGE EASEMENT A strip of land, 10 feet in width, over under and across Lot 10, Block 3, Riverton Replat of Lots 1 to 5, Fostoria Garden Tracts, according to the plat recorded in Volume 13 of Plats, page 40, and over, under and across Vacated 43rd Avenue South adjoining and 43rd Place South adjoining, 5.00 feet of such width lying on each side of the following described centerline: COMMENCING at the most Northerly corner of said Lot 10; THENCE South 41° 54' 45° West, 40.06 feet along the Northwesterly line of said lot to an angle point; THENCE South 01° 37' 45" East, 1.00 feet along the West line of said lot to the TRUE POINT OF BEGINNING of herein described centerline; THENCE North 44° 28' 58° West, 25.88 feet; THENCE South 44° 28' 58" East, 128.44 feet to the Northerly margin of South 132nd Street and the terminus. The sidelines of said easement shall be shortened or lengthened as necessary as to intersect said North margin and a line which passes through the terminus at a bearing of North 45° 31' 02" East. Page 7 of 8 EXHIBIT 'B-1' Depiction of Public Storm Drainage Easement 4 TPOB a N4418'58"W 25.86' h S01'37'45"W 1.00' P0C 54428'58*E 102.58' 10' STORM EASEMENT LOT 9 RIVERTON REPLAT OF LOTS 1 TO 5, FOSTORIA GARDEN TRS. (VOL 13, P.40) LOT 10 BLOCK 3 Scale: Radzontat 1"=-40' Vertical 18215 72ND AVENUE SOUTH KENT. WA 98032 (425)251 -5222 (425)251 -8792 FAX CN1L ENGINEERING, LAND PLANNING, SURVEYING, ENVIRONMENTAL SERVICES PCW 1 0- EXHIBIT A -2 0 20 40 80 MELA SCALE: 1' 40' (Ref. D04 -415) For: NorMed Development Title: STORM EASEMENT EXHIBIT Checked _SS_ d SS_ LOT 11 LOT 12 Job Number 6719 Sheet Page 8 of 8 2 0, ed _01-21 -08