HomeMy WebLinkAbout2006 - Traffic Signal Loop Easement - International Gateway East IV / Sabey Corporation - 20060329001816Grantor /Borrower: International Gateway East IV LLC, a Washington limited
liability company
Grantee /Beneficiary: CITY OF TUKWILA, a municipal corporation of King
County, Washington.
Document Reference Number(s):
Section/Township /Range: SW1 /4, SW1 /4, Section 10. Twp. 23 N., Roe. 4 E.,
W.M.
Assessor's Tax Parcel Number(s):
N/A
Abbreviated Legal Description:
Portion of Vacated South 124 Street
Return to:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Above this line reserved for Recorder's use
TRAFFIC SIGNAL LOOP EASEMENT
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1. Recitals.
2. Grant of Easement.
TRAFFIC SIGNAL LOOP EASEMENT
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 an easement.
A. For and in consideration of $1.00 and other valuable consideration, the
receipt of which is hereby acknowledged, International Gateway East IV LLC
"Grantor") grants, conveys, and warrants to the CITY OF TUKWILA "Grantee
for the purposes hereinafter set forth, a perpetual non exclusive easement under,
across, and over Parcel A, a legal description of said easement being attached
hereto as Exhibit B and a map being attached hereto as Exhibit C and both being
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:
Maintenance of existing traffic signal control devices (loops) and, subject to
Grantors reasonable consent which is not to be unreasonably withheld, installation
of future traffic signal control devices (loops).
together with the right of ingress and egress therefrom for the purpose of enjoying
the easement, and also granting to Grantee and to those acting under or for
Grantee the use of such additional area immediately adjacent to the above
easement as shall be required and available for the maintenance or installation of
the traffic signal control devices (loops)_in the easement, such additional area to
be held to a minimum necessary for that purpose, and immediately after the
completion of the construction and installation, or any subsequent entry upon the
easement, Grantee shall restore the premises to its condition immediately before
such construction or entry.
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.
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 as Parcel A, 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:
If to Grantor
International Gateway East IV LLC
Go Sabey Corporation
12201 Tukwila International Boulevard, 4 Floor
Seattle, WA 98168 -5121
If to Grantee:
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
GRANTEE: GRANTOR:
CITY OF TUKWILA, WASHINGTON
B z. vVv'Vv o,+ B 4-
.�77t 4�C/(/ Al M ut ET ames N. Harmon
Title: Mayor Title: Treasurer Secretary
Date: AS (o Date: 2-424 /bb
Attest/Authenticated:
INTERNATIONAL GATEWAY
EAST IV LLC,
by Sabey Corporation, Manager
Approved As To Form:
City Attorney
STATE OF WASHINGTON
COUNTY OF KING
ss
I certify that I know or have satisfactory evidence that James N. Harmon 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 as Treasurer Secretary of Sabey Corporation, Manager of
International Gateway East IV LLC, and acknowledged it to be the free and
voluntary act for the uses and purposes mentioned in the instrument.
DATED: aa I 00
Name: M R-/ N A L
(Print Name)
Notary Public ii and for the State of Washington,
residing at
My Commission Expires: 2 9 "D 9
MARY A. HALL
STATE Of WASHMIGTON
NOTARY PUBLIC
MY COO@,USSpN EXPIRES 12.1904
STATE OF WASHINGTON
ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that.9 /E/V /4 /f) U LGEY is
the person who appeared before me, and said person acknowledged that site signed this
instrument and acknowledged it to be(t 4;w -free and voluntary act, for the uses and purposes
mentioned in the instrument.
SUBSCRIBED AND SWORN to before me
J
7
s day of
/(L1(.f C 1.c-74—CAL i-CA ci
$/4,45 &V/UGS edefim4 (Printed Name)
NOTARY PUBLIC in and for the State of
Washington.
My Commission Expires' Z% /696
LEGAL DESCRIPTION FOR SOUTH 124 STREET VACATED R/W
That portion of the Plat of Riverton Addition, according to the plat thereof, recorded in Volume
13 of Plats, Page 36, records of King County, Washington, described as follows:
Commencing at the Northeast comer of said Lot 9, Block 1, Riverton Addition, said point being
on the westerly margin of East Marginal Way South;
Thence South 10 °08'26" East along said margin a distance of 107.08 feet to a point on said
margin at the intersection with the northerly margin of South 124 Street and the TRUE POINT
OF BEGINNING;
Thence continuing South 10 °08'26" East along said margin a distance of 39.59 feet to an angle
point in said margin;
Thence South 12 °54'37" East along said margin a distance of 21.72 feet to a point on said
margin at the intersection with the southerly margin of said South 124 Street;
Thence North 89 °18'50" West along said southerly margin a distance of 695.86 feet;
Thence North 01 °46'02" East a distance of 60.01 feet to a point on the northerly margin of said
South 124 Street;
Thence South 89 °18'50" East along said northerly margin a distance of 682.18 feet to the
POINT OF BEGINNING.
Situated in the City of Tukwila, County ofKing, State of Washington.
DAVID EVANS ASSOCIATES, INC.
1620 W. MARINE VIEW DRIVE, SUITE 200
EVERETT, WA 98201
TEL: (425) 259 -4099 FAX: (425) 259 -3230
EXHIBIT "A"
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LEGAL DESCRIPTION FOR TRAFFIC LOOP UTILITY EASEMENT
That portion of vacated South 124" Street, being. situated in the Plat of Riverton Addition,
according to the plat thereof, recorded in Volume 13 of Plats, Page 36, records of King County,
Washington, more particularly described as follows:
Commencing at the Northeast corner of Lot 9, Block 1, Riverton Addition, said point being on
the westerly margin of East Marginal Way South;
Thence South 10 °08'26" East along said margin a distance of 107.08 feet to a point on said
margin at the intersection with the northerly margin of vacated South 124' Street;
Thence continuing South 10 °08'26" East along said margin a distance of 30.54 feet to the
intersection with the centerline of said vacated South 124`" Street and the TRUE POLY T OF
BEGLNITLNG;
Thence continuing South 10 °08'26" East along said margin a distance of 9.05 feet to an angle
point in said margin;
Thence South 12 °54'37" East along said margin a distance of 21.72 feet to a point on said
margin at the intersection with the southerly margin of said vacated South 124` Street;
Thence North 89 °18'50" \Vest along said southerly margin a distance of 92.59 feet;
Thence leaving said southerly margin North 12 °54'37" West a distance of 2.13 feet;
Thence North 10 °08'26" West a distance of 28.44 feet to a point on the centerline of said vacated
South 124' Street;
Thence South 89 °18'50" East along said centerline a distance of 91.63 feet to the POINT OF
BEGINNING.
Situated in the City of Tukwila, County of King, State of Washington.
DAVID EVANS S ASSOCIATES, INC.
16201'x. MARINE VIEW DRIVE, SUITE 200
EVERETT, WA 98201
TEL: (425) 259-4099 FAX: (425) 259 -=2 30
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EXHIBIT 'C'
EXHIBIT MAP FOR TRAFFIC LOOP UTILITY EASEMENT
CITY OF TUKWIIA, KING COUNTY, WASHINGTON
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DAVID EVANS
AND ASSOCIATES INC.
1620 W. Marine View Drive, Suite 200
Everett Washington 98201
Phone: 425.259.4099
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SCALE: 1" 100'
N (VACATED PORTION OF
35TH AVENUE SOUTH)
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