HomeMy WebLinkAbout1997 - Conveyance of Existing Utility Easement for Sidewalk Easement - Security Capital Industrial Trust - 9703130883Return Address:
CITY OF TUKWILA
City Clerk's Department
6200 Southcenter Blvd.
Tukwila, WA 98188
Grantees(s)
City of Tukwila
Last Name
DOCUYTFNT RECORDING
COVER SHEET
Additional legal is on page of documents(s)
Assessor's Property Tax Parcel /Account Number(s)
262304 -9106
97
Reference Number(s) of Documents assigned or released G C /D,S
Additional reference numbers on page of document(s)
Document Title(s) (or transactions contained
herein): CONVEYANCE OF EXISTING UTILITY EASEMENT FOR USE AS SIDEWALK EASEMENT
First Name Initials
Additional names on page of documents(s)
Legal Description Incorporated herein by reference within the parcel known as that
(abbreviated) portion of the SE1 /4- S26- T23 -R04E, records of King County, WA,
more particularly described as parcel number 262304 -9106.
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Grantor(s) Security Capital Industrial Trust (a Maryland real estate investment trust)
Last Name First Name Initials
Additional names on page of document(s)
STATE OF WASHINGTON
SS.
COUNTY OF KING
0 3-)
CONVEYANCE OF EXISTING UTILITY EASEMENT
FOR USE AS SIDEWALK EASEMENT
This conveyance of existing utility easement for use by the City of Tukwila as
sidewalk easement is made and given this f SfLday of 7w(7 199 4, by
Security Capital Industrial Trust, a Maryland real estate investment trust (GRANTOR), to
and for the benefit of the CITY OF TUKWILA, a Washington municipal corporation (the
"City
In recocnition of the benefits of the improved facility, the sufficiency of which is
hereby acknowledged, Grantor hereby conveys and quitclaims to the City without
warranties of title, non exclusive easements for the purpose of construction and
maintenance and use by the public of public sidewalks over that property which fronts
public street right -of -way and which has been previously recorded as a utility easement,
attached hereto as Exhibits A and B and incorporated herein by reference within the
parcel known as that portion of the SE1/4- S26- T23 -R04E, records of King County,
Washington, more particularly described as parcel number 262304 -9106. The rights and
obligations set forth in Exhibit A shall remain in full force and effect and shall not be
affected in any manner by this agreement.
Page 1 of 3
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The Grantor hereby conveys to the City a right of entry upon the above described
parcel for the purpose of reconstructing existing driveway approaches, grading, retaining
wall construction, landscaping in accordance with the CBD Tree Plan, and other property
restoration work that is required to match the proposed improvements. Upon completion
of the improvements, the abutting property will be restored to its original condition as
near as may be done.
The right of the public to use the easement granted herein shall be subject to the
reasonable right of the Grantor to regulate or control any activities which may, in the
Grantor's reasonable discretion, present a threat of harm to persons or property, nuisance,
annoyance, disturbance, or breach of the peace on the adjoining property owned by the
Grantor.
The Grantee agrees to indemnify, defend, and hold the Grantor harmless from and
against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of
any nature whatsoever, for injuries, sickness or death of persons, or damage to property,
which occurs during, but only during, any period in which the improvements
contemplated by this easement are under construction, reconstruction, or repair by the
Grantee, its officers, agents, employees or contractors, and is caused by or arises out of
the negligence of the Grantee, its officers, agents, employees or contractors, provided,
however, that
(1) the Grantee's obligation to indemnify, defend and hold harmless shall not
extend to injuries, sickness, death or damage caused by or resulting from the sole
negligence of the Grantor, its officers, agents or employees; and
Page 2 of 3
C GG /CS
(2) the Grantee's obligation to indemnify, defend and hold harmless for injuries,
sickness, death or damage caused by or resulting from the concurrent negligence of the
Grantor and the Grantee shall apply only to the extent of the Grantee's negligence.
The terms and conditions of this Easement shall be binding upon and inure to the
benefit of the City, Grantor, and their respective successors and assigns. The easement
conveyed herein is for the benefit of the public, and the burden of the easement conveyed
shall run with the title to the property, and be binding upon the Grantor and their
successors and assigns.
EN WITNESS WHEREOF, grantors have executed this instrument as of the day
and year first above written.
74440/4/4- ,efe7oe
CITY OF TUKWVILA
Attest:
Approve t as to Form Only:
ttorney
Page 3 of 3
Security Capital Industrial Trust, a
Maryland real estate investment trust
STATE OF
f r
COUNTY OF Lt i Li A-
I certify that I know sf icl thatl+`vir‘c is the
person who appeared before me, and said person acknowledged that he 'gne= this instrument, on
oath stated that he was authorized to execute the instrument and acknowledged it as the
HC e f`ic\t b ert ),Of Security Capital Industrial Trust, a Maryland real estate investment
trust, t6 be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated: c C LF
Tammy Kassner
Comm. #1G40121 0121
C 4J
CC AIA COUNTY
ExC
Page 3 of 3
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