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HomeMy WebLinkAbout2000 - Easement Agreement - Smith Gregory - 200012120005040 0 0 0 cv 0 0 0 N Return Address: CITY OF TUKWILA City Clerk's Office 6200 Southcenter Blvd. Tukwila, WA 98188 206 -433 -1800 Document Title(s): Fasement Agreement Lot 29-30 of Tri -Vista Terrace Addition Parties: City of Tukwila, Washington (Grantee) Other: (Grantor) Smith Gregory D. Last Name First Name Initials 8687800147 Company Name Of business) 14723 59th Ave. South Address Tukwila City CITY OF TUKWILA DOCUMENT RECORDING COVER SHEET WA State Assessor's Property Tax ParcellAccount Number(s): 1111 111111111 2000121 CITY OF TUKUIL ERS 12.00 PAGE 001 OF 005 KING COUNTY, 98168 Zip Public Works: 2/25/97 This Agreement is e tt; red into he day of (4472-C1I 20 0 0 by and between ,Gr and the City of Tukwila ("G 1. Recitals. EASEMENT AGREEMENT 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 Agreement sets forth the terms and conditions under which the Grantor will grant the Grantee an easement. 2. Grant of Easement. For valuable consideration, receipt and sufficiency of which is acknowledged, the Grantor grants and conveys to the Grantee, an easement for ingress, egress and utilities, over, across and under that portion of Parcel A which is legally described on Exhibit "A" attached hereto and incorporated herein by this reference ("Easement"). 3. Purpose of Easement. The Grantee shall be entitled to use the Easement for installing and maintaining a drainage system. alley improvements and appurtenances thereof under and across Parcel A by way of the Easement. 4. General Provisions. a. Binding Effect. This Agreement 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 shall be appurtenant, shall touch and concern the real property described herein, and shall run with the land. b. Applicable Law. This Agreement 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 Agreement shall be exclusively in the state and federal courts of King County, Washington. c. Attorneys' Fees. In the event that any suit or other proceeding is instituted by either party to this Agreement arising out of or pertaining to this Agreement or the relationship of the parties, including but not limited to the filing of a lawsuit, a request for an arbitration, mediation, or other altemative dispute resolution process (collectively, "Proceedings and any appeals and collateral actions relative to such a suit or 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 suit or Proceeding from the non prevailing party, in addition to such other relief as may be awarded. d. Entire Agreement. This Agreement contains the entire agreement between the parties with respect to this matter. It may not be modified except in writing signed by both parties. e. Waiver. The waiver by a party of a breach of any provision of this Agreement 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. f. Severability. If for any reason any portion of this Agreement 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 Agreement and the remaining portions of this Agreement shall remain in full force and effect. g. Notices. Any notice required or desired to be given under this -4- Agreement shall be deemed given if in writing delivered to the party, or sent by certified mail o to the address listed below for that party: N Grantor: Gg -socr( J`��v^sn+ Grantee: City Of Tukwila 4).8 IAA yv\ 0 N DATED this 1(3 day of Vvk t.QC l— 20 0(3 GRANTOR: I, GRANTEE: -0 l\ 0 LC> 0 0 0 N 0 0 0 STATE OF WASHINGTON ss COUNTY OF KING I certify that I know or have satisfactory evidence that (PW vli I c6n%1 Pk_ is the person who appeared before me, and s id person acknowledged that signed this instrument and acknowledged it to be a free and voluntary act for the uses and purposes mentioned in the instrument. Given under my hand and official seal this /6 20 Appr. by City AGOmr_y tiaDO iP -r Us_._a e day of Si9natut 1 66 Ate{ Print Name (J NOTARY PUBLIC IN AND FOR THE STATE OF WASHI GTON, IDING AT uq1 i atuF jt 1 I I Print Name My co mission expires STATE OF WASHINGTON ss COUNTY OF KING 1 certify that I know or have satisfactory evidence that &Wen M is the person who appeared before me, and said person acknowledged that signed this instrument and acknowledged it to be a free and voluntary act for the uses and purposes mentioned in the instrument. Give under my hand and official seal this day of 20 NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGGTON. RE G AT My commission expires r„6-o'/-o3 Property Description: The northerly 54 feet of Lot t 29 and the southerly 38 feet of Lot 430 of Tri-Vista Terrace addition, according to the plat thereof recorded in Volume 53 of plats. page 28 of records of King County. State of Washington. Easement: The westerly 10 feet of the above described property. 2 0 100 .O/ G J.fl(f) /8 EAST /e0 /7 A 6 G° 16 6 /5 5 /4 -,G °a C 90 0 P /3 12 EAST 0 035 /eo /0 o N.e> YE -1J.V. isz.O24J 0 /e0 ne.2G EAST 270. SS 2 A o 00 1 3 4 5 6 7 1 0 5 b 3 EAST /less EXHIBIT A SE ES 'o LOT LOCATION 91o/ u TU SP84 -26-SS AF 840E 13082 Lot i g Lot n n E E-a+ g E4ST /82 20 EAST O t0 2/ x 2° 5 22 .1 Ot 23 24 25 0 3 26 E ger 2 Jy 27 1; 3 5 2. 182 20 2a 2L