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Home My WebLink About2017 - Public Storm Drainage Easement - JK Monaarch LLC - 20170306000213Return to: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 1111111111 11111111111111 20170306000213 CITY OF TUKWIL EAS 79.00 PAGE -001 OF 007 KING6COUNTY10WA8 EXCISE TAX NOT REQUIRED King Co. Records Divisj Deputy By. Above this line reserved for Recorder's use PUBLIC STORM DRAINAGE EASEMENT Grantor: JK MONARCH, LLC, a Washington State limited liability company Grantee: CITY OF TUKWILA, a municipal corporation of King County, Washington. Document Reference Number(s): Section/Township /Range: NE1 /4 of the SE1 /4, Sec. 15, T.23N., R.4E., WM Assessor's Tax Parcel Number(s): 152304 -9072, 152304 -9323, 152304 -9324, 152304 -9325, 152304 -9326, 152304 -9327, 152304 -9328 Abbreviated Legal Description: N/A 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. B. This instrument sets forth the terms and conditions under which the Grantor will grant the Grantee an easement. 2. Grant of Easement. A. For and in consideration of TEN DOLLARS ($10.00), and other good and valuable consideration, the receipt of which is hereby acknowledged, JK MONARCH, LLC ( "Grantor ") grants, conveys, and warrants to the CITY OF TUKWILA, ( "Grantee ") for the purposes hereinafter set forth, a perpetual easement under, across, and over Owner's /Grantor's Parcel, a legal description of Page 1 of 7 said easement being attached hereto as part of Exhibit 'A', which is attached and incorporated herein by this reference. A depiction of said Public Storm Easement being attached hereto as part of Exhibit 'B', which is attached and incorporated herein by this reference. 3. Purpose of Easement. The Grantee shall be entitled to use the easement under, across, and over Owner's /Grantor's Parcel 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. 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. Page 2 of 7 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. 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 JK Monarch, LLC P.O. Box 188 Puyallup, WA 98371 Page 3 of 7 IN WITNESS WHEOF, said individuals have caused this instrument to be executed this i9*---"` day of yJTe7%'6C7e- ; 2016. Prope r wner / G ` for STATE OF WASHINGTON ) )ss. COUNTY OF KING ) I certify that 1 know or have satisfactory evidence that 3N,4i?t4N B4 -7 .5 is the person who appeared before me, and said person acknowledged that he signed this instrument on oath stated that he was authorized to execute the instrument and acknowledge as 6?= EC4v7)12"- ftL , ~)e- - JK MONARCH, LLC, a Washington State limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Datedq—a • � ` s� �ssid /tt •)% • ' • :o NOTARY ��'• •� �• � AI PUBLIC 'o • . 9' °1.2� •` �� ++ • I,f ®FI'dVAsvo +' My appointment expires �•.e'o• Notary Public in and for the State of Washington residing at "- fr Page4of7 DATED this 1 1141 day of 0 «j 5 b , 2016. GRANTEE: CI Y OF TUKWI A .y Mayor Attest/ A thenticated: City Clerk TiZep Approved As To Form by City Attorney STATE OF WASHINGTON ) ss. County of King ) On this Y r H day of c9 6'U b1l , 2016, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Allan Ekberg, 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. so IA. OP L4 4t ,90 : '- N 5 i N� � 4010.§.• Q .. 47 r ' /lfi��O `w s;`�,_ Page 5 of 7 C\j name 01 Fla k 'T/ otary Publi "in and for the State of Washington, residing at My appointment expires EXHIBIT 'A' LEGAL DESCRIPTION OF OWNER'S PARCEL PUBLIC STORM DRAINAGE EASEMENT PARCEL LEGAL That portion of Government Lot 1 and the S. Foster Donation Land Claim located in Section 15, Township 23 North, Range 4 East of the W.M., in King County, Washington, lying easterly of the east margin of 48th Avenue South (Macadam Road also known as State Aid Road No. 1) and Tying westerly of the west margin of Primary State Highway No. 1, and lying southeasterly of the southeast margin of 138th Street (Adolph Baker County Road), and Tying southerly of a line distant southerly 110 feet, measured at right angles, from the southerly line of said 138th Street. (Also being future Lots 1 through 7 of City of Tukwila Short Plat No.113 -029) EASEMENT LEGAL Commencing at the most northwesterly corner of the fallowing described property, That portion of Government Lot 1 and the S. Foster Donation Land Claim located in Section 15, Township 23 North, Range 4 East of the W.M., in King County, Washington, lying easterly of the east margin of 48th Avenue South (Macadam Road also known as State Aid Road No. 1) and lying westerly of the west margin of Primary State Highway No. 1, and lying southeasterly of the southeast margin of 138th Street (Adolph Baker County Road), and Tying southerly of a line distant southerly 110 feet, measured at right angles, from the southerly line of said 138th Street, also being the True Point of Beginning; thence South 29 °00'57" East, along the east margin of said 48th Avenue South a distance of 61.79 feet to the beginning of a curve tangent to said line; thence southeasterly a distance of 48.31 feet along said east margin and curve concave to the northeast, having a radius of 789.03 feet and a central angle of 3 °30'29'; thence North 62 °22'12" East, leaving said east margin a distance of 109.00' feet; thence continuing North 62 °22'12 "East 10.12 feet; thence North 18 °38'53" West, a distance of 16.81 feet; thence North 18 °58'18" East, a distance of 92.11 feet; thence North 71 01'42" West, a distance of 10.00 feet; thence South 18 °58'18" West, a distance of 97.74 feet; thence South 62 °09'51" West, a distance of 92.19 feet to the beginning of a curve concave to the northeast having a radius of 769.03 feet and a central angle of 2 °09'58" and being subtended by a chord which bears North 30 °05'56" West 29.07 feet; thence northwesterly along said curve, a distance of 29.07 feet; thence North 29 °00'57" West tangent to said curve, a distance of 61.31 feet; thence South 62 °22'12" West, a distance of 20.01 feet to the east margin of said 48th Avenue South and the True Point of Beginning. This easements shall take effect upon the Recording of City of Tukwila Short Plat L13 -029, if Short Plat does not Record, these easement become automatically Extinguished. Page 6 of 7 EXHIBIT `B' DEPICTION OF PUBLIC STORM DRAINAGE EASEMENT PUBLIC STORM EASEMENT T.P.O.B. PUBLIC STORM EASEMENT PUBLIC STORM EASEMENT NTS \ Page 7 of 7