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Home My WebLink About2017 - Public Sidewalk and Utilities Easement - Cary Lang Construction / City of Tukwila - 20171207001248TICOR TITLE Return to: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 N i iu EASEMENT Rec: $81.00 12/7/2017 11:35 AM KING COUNTY, WA Above this line reserved for Recorder's use i PUBLIC SIDEWALK AND UTILITIES EASEMENT Grantor: CARY LANG CONSTRUCTION, INC., a Washington State corporation Grantee: CITY OF TUKWILA, a municipal corporation of King County, Washington. Document Reference Number(s): Section/Township/Range: Portion of the NW1/4 of the SW1/4, Sec. 14, T.23N., R.4E., WM Assessor's Tax Parcel Number: 000300-0099 Full Legal Description: FOSTER STEPHEN - D C # 38 POR D C IN SW 1/4 14-23- 04 DAF - BEG NXN WLY LN 53RD AVE S & NLY LN S 137TH ST THE NLY ALG SD WLY LN 124.51 FT TH S 74-42-00 W 126.95 FT TH S 04-43-00 E 115.43 FT TO NLY LN SD S 137TH ST TH NELY ALG SD LN 167.24 FT TO BEG. 1. Recitals. A. The Grantor is the owner of that certain real property legally described above. B. This instrument sets forth the terms and conditions under which the Grantor will grant the Grantee an easement. TICOR TITLE COMPANY has placed this document of record as a customer courtesy and accepts no liability for the accuracy or validity of the document Page 1 of 8 EXCISE TAX NOT REQUIRED King Coyntyyecor DivisionD put y 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, CARY LANG CONSTRUCTION, INC., ("Grantor") grants, conveys, and warrants to the CITY OF TUKWILA, ("Grantee") for the purposes hereinafter set forth, a non-exclusive perpetual easement under, across, and over the easement area, a legal description of said Easement Area being attached hereto as Exhibit 'A' and as depicted in Exhibit 'B', which are attached and incorporated herein by this reference. 3. Purpose of Easement. The Grantee shall be entitled to use the easement under, across, and over the Easement Area in perpetuity for the purpose or purposes of: Use by the Public of Public Sidewalk; and construction, maintenance, and use of Public Sidewalk and Utilities, within the Easement Area. 4. General Provisions. A. Access. Grantee shall have the right of access to the easement under, across, and over the Easement Area to enable Grantee to exercise its rights hereunder. Grantee shall not materially interfere with the use and enjoyment of the Property, or any business operations thereon, by Grantor or its officers, agents, employees, tenants, or invitees. 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, employees, tenants, and invitees 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 on Page 1 of this Easement, 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. Page 3 of 8 Grantee shall pay, as its sole obligation, all costs and expenses to install, maintain and keep in repair the utilities Grantee locates under, across, over or on the Easement Area. J. 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 CARY LANG CONSTRUCTION, INC 29815 24th Ave. SE Federal Way, WA 98448 /7 Property Owner / Grantor Date Page 4 of 8 STATE OF WASHINGTON ) )ss. COUNTY OF KING ) I certify I have know or have satisfactory evidence that Cary Lang 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 the of CARY LANG CONSTRUCTION, INC., a Washington State Corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated O�o\ ty 24eit-ei Notary Public in nd or the f State of Washington residing at A-0 volt? My appointment expires D- o6 7rO Page 5 of 8 DATED this GRANTEI ITY R-t�� Mayor A 11.4.1 0 Attest/Aut enticated: day of NI n 1/4/al/l 2017. City Clerk Approved As To Forrnl'y City Attorney STATE OF WASHINGTON ) ss. County of King On this t ` day of , 2017, 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. Da.nA A Imbe 17id-ran W ma print name Notary Public in and for the State of Washington residing at I k -0 - My appointment expires I a- l' "``t Page 6 of 8 °EXHIBIT 'A' LEGAL DESCRIPTION OF PUBLIC SIDEWALK AND UTILITIES EASEMENT The Eastern most 6 feet and the Southern most 6 feet of the following described Owner's / Grantor's property legal description. COMMENCING AT A POINT IN SECTION 14, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M.; WHICH POINT IS 451.50 FEET SOUTH OF THE QUARTER SECTION CORNER BETWEEN SECTIONS 14 AND 15 IN SAID TOWNSHIP AND RANGE, AND 437 FEET EAST OF THE SECTION LINE BETWEEN SECTIONS 14 AND 15; RUNNING THENCE NORTH 10'48' WEST 218.34 FEET; THENCE NORTH 7319' EAST 191.30 FEET, MORE OR LESS, TO THE WESTERLY RIGHT OF WAY LINE OF 53RD AVENUE SOUTH; THENCE SOUTH 23'17' EAST ALONG SAID RICHT OF WAY UNE 220.75 FEET, MORE OR LESS, TO A POINT WHICH IS THE INTERSECTION OF SAID WESTERLY RIGHT OF WAY UNE OF 53RD AVENUE SOUTH AND THE NORTHERLY RIGHT OF WAY UNE OF 137TH STREET AND THE TRUE POINT OF BEGINNING; THENCE NORTH 23'17' WEST ALONG THE WESTERLY RIGHT OF WAY UNE OF SAID 53RD AVENUE SOUTH 124.51 FEET; THENCE SOUTH 74'42' WEST 126.95 FEET; THENCE SOUTH 4'43' EAST 115.43 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SOUTH 137TH STREET; THENCE NORTHEASTERLY ALONG SAID RIGHT OF WAY LINE 167.24 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. (BEING A PORTION OF STEPHEN FOSTER DONATION LAND CLAIM) Page 7 of 8 EXHIBIT `B' DEPICTION OF PUBLIC SIDEWALK AND UTILITY EASEMENT N87°25'00"W 27.83 1 NTS 1.0 EASEMENT AREA = 1,660 SQ. FT. Page 8 of 8