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HomeMy WebLinkAbout2013 - Utilities and Sidewalk Easement - Schoenbachler Enterprises LLC - 20130213001202 Return to: i City Clerk 20130213001202 City of Tukwila 6200 Southcenter Boulevard CITY-OF TUKUIL EAS 79.00 Tukwila, WA 98188 02/13/2013 10:33 KING COUNTY, WA Above this line reserved for Recorder's use UTILITIES AND SIDEWALK EASEMENT Grantor: SCHOENBACHLER ENTERPRISES, LLC, a Washington State limited liability company Grantee: CITY OF TUKWILA, a municipal corporation of King County, Washington. Document Reference Number(s): Section/Township/Range: SE1/4 of the NW1/4 & SW1/4 of the NE1/4, Sec. 35, T.23N., R.4E., WM Assessor's Tax Parcel Number(s): 352304-9031 Abbreviated Legal Description: N/A 1. Recitals. A. The Grantor is the owner of that certain real property legally described on Exhibit 'A' attached hereto and incorporated herein by this reference. B. This instrument sets forth the terms and conditions under which the Grantor will grant the Grantee an easement. 2. Grant of Easement. For and in consideration of TEN DOLLARS ($10.00), and other good and valuable consideration, the receipt of which is hereby acknowledged, EXCISE TAX NOT REQUIRED 'Sr i C o. Records Page 1 of 8 B'. ,t,,, . Deputy —1*(xit, SCHOENBACHLER ENTERPRISES, LLC ("Grantor") grants, conveys, and warrants to the CITY OF TUKWILA, ("Grantee") for the purposes hereinafter set forth, a perpetual easement under, across, and over Owner's/Grantor's Parcel, a legal description and depiction of said Easement "B" Area being attached hereto as part of Exhibit 'A', which is attached and incorporated herein by this reference. 3. Purpose of Easement. The Grantee shall be entitled to use the easement under, across, and over Owner's/Grantor's Parcel in perpetuity for the purpose or purposes of: Construction, maintenance, and use of the Utilities and Sidewalk Easement Area, and use by the Public of Public Sidewalk Easement Area. 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. Page 2 of 8 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 Owner's/Grantor's Parcel, 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. I. 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 Schoenbachler Enterprises, LLC Schoenbachler Enterprises, LLC 4115 205`h Ave. SE 9253 East Sands Drive Sammamish, WA 98075 Scottsdale,AZ 85255-5037 Page 3 of 8 Dated this / / day of J_..) M&it, 20 . -7�d&4-1) dciLaJ2ut e,4 St 11 oen(x tPCP 4.14"kil iCeS, A L e. Property Owner I Grantor Date 2j,/A ar Z STATE OF ARIZONA ) )ss. COUNTY OF MARICOPA ) On this f* ' day of ( ceo'n(cr, 20 /2 ,before me, the undersigned, a Notary Public in and for the State of Arizona, duly commissioned and sworn, personally appeared Robert W. Schoenbachler, to me know to be the person who signed as the Manager of SCHOENBACHLER ENTERPRISES, LLC,the limited liability company that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said limited liability company for the uses and purposes therein mentioned, and on oath stated that he was duly elected, qualified and acting as said officer of the limited liability company and that he was authorized to execute said instrument. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Signature of Notary) ALISHA B. MARTINEZ b■Sk°t 6 Yr)cc h h r {t NOTARY PUBLIC-ARIZONA (Print or stamp name of Notary) 1*.- t MARICOPA COUNTY � ./ My Commission Expires January 9,2014 NOTARY PUBLIC in and for the State of Arizona, residing at Scottsdale,AZ My appointment expires:G 1-09-Wit-1 Page 4 of 8 DATED this Ij�'� day of - ru c , 20 ii . GRANTEE: CITY OF UKWILA � k M-yor 411Y # Atte Ir thenticate•: AkAtIP City Clerk Approved As To Form by City Attorney STATE OF WASHINGTON ) ) ss. County of King ) On this day of r , 20 1 , before me, the undersigned, a Notary Public in and for The State of Washington, duly commissioned and sworn, personally appeared Jim Haggerton, 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. C1.e61-1 ON .j L4LO7ty p'ntndme S,C( M. 'Mi� C f1 - ���/� IV°-- 10H' 84 ,� Notary Pu is in and for the State of o t A +�S • R � / ' IQ ? . ` ,�' Washington, residing at ' t,.,,ft,u Pe- IQ �'�► v8`'a My appointment expires 3- 1-16 't��hphtt r8i�' Page 5 of 8 EXHIBIT 'A' PROPERTY DEDICATIONS TO THE CITY OF TUKWILA TAX PARCEL NO. 352304-9031 LEGAL DESCRIPTIONS A STRIP OF LAND OF PARCEL A,DESCRIBED IN QUIT CLAIM DEED,RECORDED UNDER RECORDING NUMBER 9601231271,RECORDS OF KING COUNTY,WASHINGTON,SAID PARCEL A DESCRIBED AS FOLLOWS: PARCEL A THOSE PORTIONS OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND SOUTHEAST QUARTER OF THE NORTHWEST QUARTER,ALL IN SECTION 35,TOWNSHIP 23 NORTH,RANGE 4 EAST,W.M.,IN KING COUNTY WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER;THENCE SOUTH 88°54'46"EAST ALONG THE NORTH LINE OF SAID SUBDIVISION,449.30 FEET;THENCE SOUTH 01°05'14"WEST,36.00 FEET TO THE SOUTHERLY MARGIN OF SOUTH 180TH STREET AND THE TRUE POINT OF BEGINNING;THENCE CONTINUING SOUTH 01°05'14"WEST,365.78 FEET;THENCE NORTH 88°54'46"WEST,424.89 FEET;THENCE SOUTH 86°58'00"WEST,103.76 FEET;THENCE SOUTH 58°20'50"WEST,74.23 FEET TO THE EASTERLY MARGIN OF 57TH AVENUE SOUTH(SOUTHCENTER PARKWAY);THENCE NORTH 08°43'18"EAST ALONG SAID EASTERLY MARGIN,316.06 FEET;THENCE NORTH 14°46'53"EAST ALONG SAID EASTERLY MARGIN,63.77 FEET;THENCE ON SAID EASTERLY MARGIN ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 50 FEET THROUGH A CENTRAL ANGLE OF 76°18'21"AN ARC DISTANCE OF 66,59 FEET;THENCE SOUTH 88°54'46"EAST ALONG THE SOUTHERLY MARGIN OF SAID SOUTH 180TH STREET 485.16 FEET TO THE TRUE POINT OF BEGINNING. SAID STRIP OF LAND,BEING ALL THAT PORTION OF PARCEL A LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE; COMMENCING AT THE SOUTHWEST CORNER OF THE ABOVE DESCRIBED PARCEL A,BEING A POINT ON THE EASTERLY MARGIN OF 57TH AVENUE SOUTH(SOUTHCENTER PARKWAY),OPPOSITE STATION 114+51.44,36.11 FEET LEFT OF SOUTHCENTER PARKWAY EXTENSION; THENCE NORTH 59°18'15"EAST,ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL,23.21 FEET TO THE POINT OF BEGINNING OF SAID LINE,BEING THE BEGINNING OF A NON-RADIAL CURVE CONCAVE TO THE WEST FROM WHICH ITS CENTER BEARS NORTH 77°48'48"WEST,1053.00 FEET DISTANT,AND OPPOSITE STATION 114+36.19,53.00 FEET LEFT; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE 02°20'45"A DISTANCE OF 43.11 FEET TO THE POINT OF TANGENCY,OPPOSITE STATION 113+95.24,53.00 FEET LEFT; THENCE NORTH 09°50'27"EAST,327.65 FEET TO A POINT OPPOSITE STATION 110+68.00,53.00 FEET LEFT AND THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 40.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 82°19'01"A DISTANCE OF 57.47 FEET TO THE NORTH LINE OF SAID PARCEL AND A POINT ON THE SOUTHERLY MARGIN OF SOUTH 180TH STREET AND OPPOSITE STATION 110+27.95,87.65 FEET LEFT,AND THE TERMINUS OF SAID LINE. CONTAINING 7,270 SQUARE FEET OR 0.167 ACRES,MORE OR LESS. 6 of 8 EASEMENT"A" DRAINAGE EASEMENT THAT PORTION OF THE AFORE DESCRIBED PARCEL'A'AND LYING SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE; • COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL AND BEING A POINT ON THE EASTERLY MARGIN OF 57TH AVENUE SOUTH(SOUTHCENTER PARKWAY),OPPOSITE STATION 114+51.44, 36.11 FEET LEFT OF SOUTHCENTER PARKWAY EXTENSION; THENCE NORTH 59°18'15" EAST,ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL,74.23 FEET TO THE BEGINNING OF SAID LINE; THENCE NORTH 47°23'17"WEST,67.38 FEET TO A POINT ON THE EASTERLY MARGIN OF 57TH AVENUE SOUTH (SOUTHCENTER PARKWAY)AND THE TERMINUS OF SAID LINE. CONTAINING 2,395 SQUARE FEET OR 0.055 ACRES,MORE OR LESS. EASEMENT"B" UTILITIES AND SIDEWALK EASEMENT THAT PORTION OF THE AFORE DESCRIBED PARCEL'A'AND LYING NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE; COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL AND ALSO BEING A POINT ON THE SOUTHERLY MARGIN OF SOUTH 180TH STREET;THENCE NORTH 87°50'32"WEST,470.29 FEET TO THE BEGINNING OF SAID LINE; THENCE SOUTH 62°24'20"WEST,72.21 FEET TO THE EASTERLY MARGIN OF 57TH AVENUE SOUTH (SOUTHCENTER PARKWAY)AND THE TERMINUS OF SAID LINE. CONTAINING 770 SQUARE FEET OR 0.018 ACRES, MORE OR LESS. i II'q i99 h '412 ?f.�04 v•YAL LAND \\O\\\\\\\\\\\\\1U\\\\\s%\\Ass\\1\ 7 of 8 : :: ACOUISf110N AND EASEMENTS EXHIBIT N.T.S. S. S.. — 4., S87'50'32"E , S87'5Q'32'E 1325.06'(M) _ 0 104.17(M) _ M N. LINE OF SW1/4, rn NE1/4, SEC. 35 °u C2 f�� X01 �_ N87.50'32"W 470.29' STA: 110+03.45 ` r `d�' ��` P.0.8. EASEMENT B + ••• STA: 110+27.95 NE CORNER /4j.5, 53, I'•. OFFSET: 87.65' LT t I Q ,;; STA: 110+68.00 EXISTING MONUMENT /,'••• . OFFSET: 53.00' LT . • Q PROPOSED MONUMENT I j in 1. , z I I.:21 to PROPOSED RIGHT-OF-WAY I /::, z --- EXISTING RIGHT-OF-WAY I ` 'rn - J N Cl R=1053.00' I ") • • +) 65� 62'20'45" �gm l 1 . �`• ' hti ° L=43.11' I N rn C2 R=40.00' 01? cmi A=82'19'01" 1 �^ r 1. •• $' ul 1=57.47' I 1::. z ;° L1 N59't8'15"£ I o I ,, 23.21' z '• • L2 N59'18'15"E 1 (•• STA: 113+95.24 74.23' 1 OFFSET: 53.00'LT L3 N47'23'17 1'W I t '• STA: 114+36.19 67.38 pC = "3+95.24 L4 S62'24'24"W © y,-!t, OFFSET: 53.00 LT 72.21' r 53' ,• � P.0.8. EASE •ENT A / '1- '' + • • • DEDICATION OF RIGHT-OF-WAY t i 41.5' N7�4848 W(R) • Y. AREA OF DEDICATION 7,270 SQ.FT. 1 STA: 114+51.44 \ UTILITIES AND SIDEWALK ._. /�/ �' OFFSET: 36.11' LT ,"��\��\� EASEMENT J• SW CORNER 1 le��� STORM'URAINAGE 8 of 8 ' j "4 ,EASEMENT KING COUNTY TAX PARCEL NO. DAVID EVANS 352304-9031 a ANDASSOCIATES INC. 415-118th Avenue SE PORTIONS OF THE SW1/4, NE1/4 AND SE1/4, NE1/4 "' D Bellevue Washington 98005-3518 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE. 4 EAST, W.M., Phone: 425.519.6500 CITY OF TUKWILA. KING COUNTY, WASHINGTON . a