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Home My WebLink About2017 - Sidewalk and Utility Easement - Esqueda Noel / City of Tukwila - 20171204001029After Recording, Return to: City of Tukwila City Clerk's Office 6200 Southcenter Blvd. Tukwila, WA 98188 By SIDEWALK and UTILITY EASMENT IV EASEMENT Rec: $78.00 1214/2017 1'1.54 AM KING COUNTY, WA EXCISE TAX NOT REQUIRED King Co. Records DJ i n Deputy Grantors: Grantee: Abbreviated Legal Description: Additional Legal(s) Assessor's Tax Parcel ID#: Noel Esqueda, as his sole and separate property City of Tukwila, a municipal corporation of the State of Washington LOT 4, BLK 2, COLEGROVES ACRE TRACTS, RECORDED IN VOL. 11 OF PLATS, PAGE 85, KING COUNTY WA Exhibit A and A-1, attached hereto and made partof 167040-0155-02 53rd Avenue South Project THIS EASEMENT AGREEMENT, made this I day of OC ber , 2017, by and between Noel Esqueda, as his sole and separate property, ("Grantor" herein), and the CITY OF TUKWILA, a municipal corporation of the State of Washington, ("Grantee" herein), WITNESSETH: 1. Grant of Easement. The Grantors, for and in consideration of TEN DOLLARS ($10.00), and other good and valuable consideration, receipt of which is hereby acknowledged, herby grant and convey to the City of Tukwila, a municipal corporation of the State of Washington, its contractors, employees, agents, successors, franchisors and assigns, (Grantee), for the purposes set forth herein, a non- exclusive perpetual easement for the placement, operation, and maintenance of public sidewalk and public and private utility equipment ("Easement" herein) over, under, along, across, and through the following described real property ("Easement Area" herein) in King County, Washington. 2. Property Subject to Easement a. Property Description. The Property subject to this Easement is legally described and shown in Exhibit "A" and Exhibit "A-1" attached hereto and incorporated by reference. 1 Parcel No. 33 b. Easement Areas. Except as is otherwise set forth herein, Grantee's rights shall be exercised only upon that portion of the property legally described in Exhibit "A" and Exhibit "A-1" ("Easement Areas" herein) attached hereto and incorporated by reference. 3. Purpose Sidewalk. Grantee shall have the right to construct, reconstruct, install, repair, and maintain public sidewalks and associated features within the Easement Areas for the purpose of constructing and maintaining the public sidewalk. 4. Purpose Utility. Grantee shall have the right to construct, operate, maintain, repair, replace, improve, remove, and enlarge utility structures and associated features within the Easement Areas for the purpose of constructing and maintaining utilities. Such utilities may include, but is not limited to: 5. Utility Features. Above and below ground handholes, conduits, vaults, switches, pedestals, transformers, fire hydrant connection, water meters, valves, and all other facilities and/or appurtenances necessary and/or convenient to any and/or all of the forgoing. Following the initial construction of all and/or portion of its utility features, Grantee may, from time to time, construct such additional facilities as it may require for such utility features. 6. Access. Grantee shall have the right of access to the Easement Areas over and across the Property to enable Grantee to exercise its rights hereunder. Grantee shall compensate Grantor for any damage to the Property caused by the exercise of such right of access by Grantee. 7. Easement Area Clearing and Maintenance. Grantee shall have the right to cut, remove and dispose of any and all brush, trees or other vegetation in the Easement Areas. Grantee shall also have the right to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of brush, tree or other vegetation in the Easement Area. 8. Grantor's Use of Easement Area. Grantors reserve the right to use the Easement Areas for any purpose so long as the use does not interfere with the Easement rights herein granted. Grantors may install groundcover and shrub landscaping plantings within the Easement Area with Grantee's prior written consent. Grantors shall not alter the ground surface and subsurface with the Easement Area by excavation, placement of fill material, or installation of any wall or rockery, without Grantee's Public Works Director, or authorized designee, prior written consent. Grantee's prior written consent, where required, shall not be unreasonably withheld. Grantor shall not construct or maintain any buildings within the Easement Areas. 9. Indemnity. Grantee agrees to indemnify Grantors from and against liability incurred by Grantors as result of Grantee's negligence in the exercise of the rights herein granted to 2 Parcel No. 33 Grantee, but nothing herein shall require Grantee to indemnify Grantors for that portion of any such liability attributable to the negligence of Grantors or the negligence of others. 10. Covenant Running With the Land. This Easement shall be covenant running with the land and shall forever bind Grantors, their heirs, successors, and assigns. DATED this GRANTOR(S): By: day of < ;r a be v, 2017. STATE OF WASHINGTON } } SS. COUNTY OF KING } I hereby certify that I know or have satisfactory evidence that Noel Esqueda, is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it to be his/her free and voluntary, act for the uses and purposes mentioned in this instrument. Notary Public State of Washington Kristina L Guzman Commission Expires 6/15/2019 Notary Public in and for the State of Washington Notary (print name): K( )'inci 7nc16 Residing at: N'lory ..Vi va it 3 Parcel No. 33 EXHIBIT A PARCEL NO. 167040-0155 UTILITY EASEMENT THE WEST 5.00 FEET OF THE SOUTH 20.00 FEET OF THE HEREINAFTER DESCRIBED PARCEL "A'. CONTAINING 100 SQUARE FEET, MORE OR LESS. PARCEL "A": (PER FIRST AMERICAN TITLE COMPANY ORDER NO. 2879248, DATED MAY 25, 2017) THE LAND IN THE COUNTY OF KING, STATE OF WASHINGTON, DESCRIBED AS FOLLOWS: LOT 4, BLOCK 2, COLEGROVE'S ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 85, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE NORTH 75 FEET. -",ZSZ.';'(fs"C"c• ';`" o(,•./ o ("?. ( 33. 167040-0155 ESMT.DOCX Page 1 of 1 PEP TACOMA • SEATTLE 20' ROW 20' SW 1/4, SEC. 14, T. 23 N., R. 4 E., W.M. ROW N.T.S. DATE: 06/08/2017 EXISTING RIGHT OF WAY PROPERTY LINE UTILITY EASEMENT AREA = 100 S.F.± TAX LOT NUMBER 167040-0155 PROPERTY LINE 5.00' FILE: 33. 167040-0155 ESMT.DWG 753 661 Ave N Saab, WA98103 (206)2381610 yam la can 2502 Je0eeson Ave Torre, WA B8402 (253) 627.0720 EXHIBIT A-1 PARCEL 167040-0155 UTILITY EASEMENT