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Home My WebLink About2018 - Sidewalk and Utility Easement - South Central School District / City of Tukwila - 20180207001087After Recording, Return to: CITY OF TUKWILA City Clerk 6200 Southcenter Blvd. Tukwila, WA 98188 EASEMENT Rec: $78.00 2/7/2018 3:21 PM KING COUNTY, WA SIDEWALK and UTILITY EASMENT Grantors: South Central School District 406, as their separate estate Grantee: City of Tukwila, a municipal corporation of the State of Washington Legal Description: THAT PORTION OF THE STEPHEN FOSTER DONATION CLAIM NO. 38 IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: A TRACT OF LAND BOUNDED ON THE NORTH BY SOUTH 137TH STREET, ON THE EAST BY 53RD A VENUE SOUTH, IN THE WEST BY COLLEGE STREET (NOW 52ND A VENUE SOUTH), AND ON THE SOUTH BY HELD A VENUE (NOW 139TH STREET). Additional Legal(s) Exhibit A and A-1, attached hereto and made part of Assessor's Tax Parcel ID#: 000300-0010 53rd Avenue South Project THIS EASEMENT AGREEMENT, made this 23` day of Oa irt , 2018, by and between King County School District No. 144, as their separate estate ("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, hereby grant and convey to the City of Tukwila, a municipal corporation of the State of Washington, its contractors, employees, agents, successors, franchisors and assigns, Project Parcel No. 21 1 ,a-xC ISE T Division Deputy (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. 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. The associated features for the purpose of constructing and maintaining the public sidewalk may include but is not limited to: retaining walls, cuts and fills, sidewalk subgrade, and curb and gutter. 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. Project Parcel No. 21 2 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 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 v' 3" day of Jai/ i✓1 a rj GRANTOR(S): Date: STATE OF WASHINGTON COUNTY OF KING , 2018. I hereby certify that I know or have satisfactory evidence that \..TUCt(4 1 eritif , 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. MARICEL M HAESSIG Notary Public State of Washington My Commission Expires January31, 2021 04-31r8" Signature: ' Alt/V /14. 'f--e41- Notary Public in and for the State of Washington Notary (print name): Mari Residing at: !<J V1) 0 t " f-y Dated: Project Parcel No. 21 3 EXHIBIT A PARCEL NO. 000300-0010 SIDEWALK AND UTILITY EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL 'A', DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., AND THE SOUTH LINE OF STEPHEN FOSTER DONATION LAND CLAIM; THENCE SOUTH 88° 33' 21" EAST ALONG SAID SOUTH LINE, 555.99 FEET TO THE INTERSECTION OF SAID SOUTH LINE WITH THE CENTERLINE OF 53RD AVENUE SOUTH; THENCE NORTH 01 ° 03' 21" EAST ALONG SAID CENTERLINE, 403.30 FEET,' THENCE NORTH 88° 56' 39" WEST, 20.00 FEET TO POINT "A", SAID POINT BEING ON THE WESTERLY MARGIN OF 53RD AVENUE SOUTH; THENCE NORTH 01 ° 03' 21" EAST ALONG SAID WESTERLY MARGIN, 16.68 FEET TO POINT "B"; THENCE CONTINUING ALONG SAID WESTERLY MARGIN NORTH 01 ° 03' 21" EAST, 47.12 FEET TO THE SOUTHERLY MARGIN OF SOUTH 137th STREET; THENCE SOUTH 88° 59' 41 " WEST ALONG SAID SOUTHERLY MARGIN, 44.50 FEET; THENCE SOUTH 01 ° 00' 19" EAST, 7.00 FEET; THENCE NORTH 88° 59' 41 " EAST, 28.24 FEET, THENCE SOUTH 01 ° 03' 21" WEST, 39.54 FEET; THENCE SOUTH 88° 56' 39" EAST, 16.00 FEET TO POINT "B". CONTAINING 948 SQUARE FEET, MORE OR LESS. 21. 000300-0010 ESMT.DOCX Page 1 of 2 KPG TOGETHER WITH THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A", DESCRIBED AS FOLLOWS: BEGINNING AT SAID POINT `A'; THENCE ALONG SAID WESTERLY MARGIN SOUTH 01 ° 03' 21" WEST, 135.32 FEET TO THE NORTHERLY MARGIN OF SOUTH 138TH STREET; THENCE NORTH 88° 37' 51 " WEST ALONG SAID NORTHERLY MARGIN, 5.00 FEET; THENCE NORTH 01 ° 03' 21" EAST, 107.26 FEET,• THENCE SOUTH 88° 56' 39" EAST, 3.00 FEET; THENCE NORTH 01 ° 03' 21" EAST, 28.04 FEET; THENCE SOUTH 88° 56' 39" EAST, 2.00 FEET TO POINT 'A" CONTAINING 592 SQUARE FEET, MORE OR LESS. TOTAL EASEMENT AREA CONTAINING 1540 FEET MORE OR LESS. PARCEL 'A": (PER TICOR TITLE COMPANY ORDER NO. 70064119, DATED JANUARY 5, 2017) THAT PORTION OF THE STEPHEN FOSTER DONATION CLAIM NO. 38 IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: A TRACT OF LAND BOUNDED ON THE NORTH BY SOUTH 137TH STREET, ON THE EAST BY 53RD AVENUE SOUTH, IN THE WEST BY COLLEGE STREET (NOW 52ND AVENUE SOUTH), AND ON THE SOUTH BY HELD AVENUE (NOW 139TH STREET). 21. 000300-0010 ESMT.DOCX Page 2 of 2 KPG TACOMA• SEATTLE i i N.T.S. P08 SW 1/4, SEC. 14, T. 23 N., R. 4 E„ W.M. S 137TH ST EXISTING RIGHT OF WAY 44.50' 7.00' 28.24 SIDEWALK AND UTILITY EASEMENT AREA = 948 S.F.± TAX LOT NUMBER 000300-0010 TOTAL SIDEWALK AND UTILITY EASEMENT AREA=1540 1 16.68' 2.00' 3.00' SIDEWALK AND UTILITY EASEMENT AREA = 592 S.F.± S 138TH ST DATE: 07/31/2017 SOUTH LINE STEPHEN FOSTER D.L.C. 5.00' N 4 w PT "8" } PT "A" 7 Co) N 88'56'39" 20.00' EXISTING RIGHT OF WAY 1 j?' 20' ROWIw 0 0 v o z S 88'33'21" E 555.99' FILE: 21. 000300-0010 ESMT.DWG f IC.PQ 1539thMN 2532Jdfera iAre Sado,WA98109 Taxa,WA98402 (206)2851610 (253)627-0720 wontlintan EXHIBIT A-1 PARCEL 000300-0010 SIDEWALK AND UTILITY EASEMENT