HomeMy WebLinkAbout2013 - Temporary Construction Easement - Open Frame - 20130709001148
AFTER RECORDING MAIL TO:
Name City of Tukwila / City Clerk
Address 6200 Southcenter Blvd
City /State Tukwila, WA 98188
20130709001148
FIRST AMERICAN EAS 80.00
PAGE -001 OF 009
07/09/2013 14:59
KING COUNTY, UA
Document Title(sl:
1. Temporary Construction Easement
Reference Number(s) of Documents Assigned or released:
Grantor(s):
1. Open Frame, LLC
2.
] Additional information on page of document
Grantee(s):
1. City of Tukwila
2.
] Additional information on page of document
Abbreviated Legal Description:
PTN. LT 2, CITY OF TUKWILA BLA NO. L05 -025, REC. 20050928900006
Tax Parcel Number(s):
022310- 0010 -07
[ ] Complete legal description is on page of document
EXCISE TAX NOT REQUIRED
TEMPORARY CONSTRUCTION EASEMENT
Grantor(s): Open Frame, LLC
Grantee: City of Tukwila
Abbreviated Legal: Ptn of Lot 2, City of Tukwila BLA #L05 -25
Tax Parcel No.: 022310 - 0010 -07
Project Name: Tukwila Urban Center Transit Center
7!%
THIS INSTRUMENT is made thisatOday Of 3:02013, 2013, by and between Open
Frame, LLC, a Washington Limited Liability Company, hereinafter called the "Grantor ",
and the City of Tukwila, a Municipal Corporation, hereinafter called the "Grantee ".
WITNESSETH:
1) Grant of Easement. The Grantor, for and in consideration of the public good
and other valuable consideration, does by these presents, convey and warrant unto the
Grantee a temporary construction easement (the "Easement ") for access over, through,
across and upon the following described real estate (the "Easement Area ") situated in
the County of King, State of Washington, for the temporary placement of personnel and
equipment for construction of public street improvements with necessary
appurtenances, including placement of public and private utilities, within the adjoining
public right of way:
Per Exhibit A and depicted in Exhibit B attached hereto and by this
reference made a part hereof.
2) Purpose of Easement. The Grantee, its contractors, agents, and permittees,
shall have the right at such times as may be necessary, to enter upon the Easement
Area, including entry into private improvements located in the Easement Area for the
purpose of constructing, maintaining, repairing, altering or reconstructing said street
improvements, or making any connections therewith, including utility connections.
Grantee shall have the right to re -grade slopes and /or make cuts and fills to match
street grade. In the event, Grantee's utility connection work requires access to property
in addition to the Easement Area, Grantee shall have the non - exclusive right, on
reasonable notice to Grantor, to enter into such additional property and such entry shall
be governed by the terms of this easement. Grantee's rights to use the Easement Area
shall be exclusive at such times and for such duration as Grantee's construction
requires, in Grantee's discretion. This Easement is expressly subject to the Access
Protocols attached hereto as Exhibit C, the terms of which are incorporated herein by
this reference.
The rights herein granted shall include all incidental rights, including but not limited to,
right of ingress and egress necessary to properly perform the work indicated for
1
construction of the project. Grantee and those entitled to exercise the rights granted
herein shall exercise all due diligence in their activities upon the property, and Grantee
does hereby agree to indemnify and hold harmless the Grantor against and from any
and all liability for losses, damages and expenses on account of damage to property or
injury to persons resulting from or arising out of the rights herein granted to Grantee
and /or its contractors, employees, agents, successors or assigns. The foregoing
sentence shall survive termination or expiration of this Temporary Construction
Easement.
3) Improvements. All street improvements shall be constructed entirely within
the public right of way. In the event private improvements in the Easement Area are
disturbed or damaged by Grantee's use of the Easement, on or before the end of the
Term, they shall be restored or replaced in as good a condition as they were
immediately before Grantee entered the Easement Area. During the Term, Grantee
may on an interim basis, restore the Easement Area to a reasonably safe and
convenient condition.
4) Grantor's Right to Use Easement Area. Except for those times when
Grantee is making exclusive use of the Easement Area, the Grantor shall retain the right
to use and enjoy the Easement Area, including the right to use existing private
improvements located in the Easement Area so long as such use does not interfere with
Grantee's construction of the public improvements described in this Easement.
5) Term of Easement. The term of this Easement is six (6) months (the
"Term "). The Term shall commence upon initiation of Grantee's construction within the
easement area, but no sooner than the date hereof, and shall remain in force until no
later than April 30, 2014, or until completion of construction and restoration of the
property, whichever occurs first. Grantee shall provide fourteen (14) days written notice
to the Grantor prior to commencement of construction. This Easement may be
extended by mutual written consent of the Grantor and Grantee.
6) Payment for Easement. Within ten (10) days of the date of execution of this
Easement, Grantee shall pay Grantor Nine Thousand Four Hundred and 00 /100ths
Dollars ($9,400.00).
7) Binding Effect. The Easement granted hereby is solely for the benefit of
Grantee, and is personal to Grantee, its successors in interest and assigns. Grantee
shall have the right to permit third parties to enter upon the Easement Area to
accomplish the purposes described herein, provided that all such parties abide by the
terms of this Easement. The Easement granted hereby, and the duties, restrictions,
limitations and obligations herein created, shall run with the land, shall burden the
Easement Area and shall be binding upon and the Grantor and its respective
successors, assigns, mortgagees and sublessees and each and every person who shall
at any time have a fee, leasehold, mortgage or other interest in any part of the
Easement Area.
2
8) Notification. Should the undersigned owner (Gnantoh, sell the property
described herein, Grantor shall promptly diso|oseandnotifvtheU r of this agreement.
Open Frame LLC
By: Phn
Ti
Date:
By:
Printed Name:
Title:
Date:
By:
Printed N
Title:
Date:
by the City of Tukwila
Approved as o form:
By:
Printed Name:
Title: City Attorney
Date: CI_ � l�)�C��
/
STATE OF WASHINGTON \
)ea.
COUNTY OF /tr—ra, )
Il_ �.
|ce�ifv that |knovvnr have satisfactory evidence that =~-o.,�xx� ~�`��C$sc,t~ and
is/e+ethe person(s) who appeared before me, and said
person(s) acknowledged that he/she/they signed this instrument on oath stated that
he/she/they was/were authorized to execute the instrument and acknowledge as
ef:,=-044~.*^e of Open Franne. LLC, a
Washington Limited Liabi|iti Company, to be the free and voluntary act of such party for the
uses and purposes mentioned in the instrument.
o
S/O
N
A
Printed name
Notary Public in and for th State of Washington
residing at ��;�,� ^,v4
My appointment expires: 3 -/�-/��
3
Exhibit A
City of Tukwila
Northbound Transit Stop - Temporary Construction Easement Descriptions
Tax Parcel No. 0223100010
Transit Easement Area:
That portion of Lot 2, City of Tukwila Boundary Line Adjustment No. L05 -025, recorded under
Recording No. 20050928900006, records of King County, Washington, described as follows:
Commencing at the northwest corner of said Lot 2;
Thence South 00°11'38" East, along the west line thereof and the east margin of Andover Park
West, a distance of 12.04 feet;
Thence North 89 °48'22" East, at right angles to said west line and east margin, a distance of
16.17 feet to the POINT OF BEGINNING;
Thence South 00 °11'38" East, parallel with said west line and east margin, a distance of 257.74
feet;
Thence North 89 °48'22" East a distance of 18.00 feet;
Thence North 00 °11'38" West, parallel with said west line and east margin a distance of 257.75
feet;
Thence South 89 °50'02" West, parallel with the north line of said Lot2, a distance of 18.00 feet
to the POINT OF BEGINNING.
Plaza Easement Area:
That portion of Lot 2, City of Tukwila Boundary Line Adjustment No. L05 -025, recorded under
Recording No. 20050928900006, records of King County, Washington, described as follows:
Commencing at the northwest corner of said Lot 2;
Thence South 00 °11'38" East, along the west line thereof and the east margin of Andover Park
West, a distance of 12.04 feet;
Thence North 89 °48'22" East, at right angles to said west line and east margin, a distance of
16.17 feet;
Thence South 00°11'38" East, parallel with said west line and east margin, a distance of 257.74
feet to the POINT OF BEGINNING;
Thence continuing South 00 °11'38" East a distance of 39.55 feet to the north line of an existing
City of Tukwila sidewalk and traffic signal easement recorded under King County Recording
No. 9511300537;
Thence North 89 °48'22" East, along said north easement line, a distance of 3.71 feet to an angle
point in said easement;
Thence South 00 °17'49" West, along the east line of said easement, a distance of 9.37 feet to the
northerly line of an existing City of Tukwila sidewalk and street light easement recorded under
King County Recording No. 20080305001758 and the beginning of a non - tangent curve concave
to the northeast from which the radius point bears North 33 °43'46" East a distance of 35.61 feet;
Thence southeasterly along the arc of said curve and northerly line through a central angle of
33 °21'03" a distance of 20.73 feet;
Thence South 89 °37'17" East, along said easement line, a distance of 13.35 feet;
Thence North 00°11'38" West parallel with said west Tine of Lot 2 and east margin of Andover
Park West a distance of 22.84 feet;
Thence North 36 °58'28" West a distance of 32.29 feet;
Thence North 00 011'38" West, parallel with said west line and east margin a distance of 6.40
feet;
Thence South 89 °48'22" West a distance of 17.17 feet to the POINT OF BEGINNING.
Situate in the City of Tukwila, County of King, State of Washington,
The above described easement areas contain:
Plaza area = ±1,540 sq. ft.
Transit Area = ±4,640 sq. ft.
Exhibit B
EXHIBIT MAP
NORTHBOUND TRANSIT TEMPORARY CONSTRUCTION EASEMENT (TCE)AREAS
NW C ❑R,
LOT 2
SO0 °11'38 "E
12.04
N89 °48'22 "E —
16.17
P ❑B TRANSIT /
AREA TCE
POE PLAZA
AREA TCE
S00 °11'38 "E
39.55
N89°48'22T
3.71
S89 °50'02 "W
18.00
ANDOVER INDUSTRIAL PARK NO. 2
TRACT 1
LOT 2 BLA NO L05 -025
REC. #20050928000006
PARCEL #0223100010
TRANSIT CENTER
_ / TEMP. CONSTRUCTION
e EASEMENT
tn
0.JIo
0
-i
1
S89 °48'22 "W
17.17
N89 °48'22 "E
N00 °11'38 "W
22.84
EXISTING EASEMENTS
A =33 °21'03°
R= 35.61— BAKER BLVD.
L =20 7
11255 Kirkland Way, Suite 300
Kirkland, WA 98033
p. 425.827.2014 I f. 425.827.5043
S89 °37'17 "E
13.35
PACE
An Engineering Services Company
Civil I Structural I Planning I Survey
paceengrs.com
SCALE: 1" = 60' FILE: \24735V —SP— ROW.DWG DATE: 6/13/13 FW PROJ. NO.: 09603.19
Exhibit C
Access Protocols
1. Notice and Purpose. All work will be coordinated with Grantor and
performed between 7:00 p.m. and 7:00 a.m. unless otherwise mutually agreed between
Grantee and Grantor. Grantor shall bear no cost or expense whatsoever in connection
with Grantee's activities. Grantee shall at all times conduct its activities on the Easement
Area so as not to interfere with, obstruct, or endanger Grantor's operations or facilities, or
those of Grantor's tenants. Grantee's access to the Easement Area shall only occur upon
prior notice to Grantor and at such times, at such locations and under such conditions as
Grantor determines. Grantee acknowledges that there are tenants in possession of
Grantor's property on which the Easement Area is located and that this Agreement does
not authorize Grantee's entry onto any Tenant premises.
2. Grantee's Use of Easement Area. Grantor disclaims any warranty or
representation that the Easement Area is safe or suitable for access by Grantee. Grantee
agrees to become familiar with the Easement Area and Grantor's current use and
occupancy and to take all reasonable precautions to avoid injury or property damage to
Grantor, Grantee and third parties, and to employees, representatives, invitees or
contractors of any of them as a result of Grantee's activities. Grantee further shall use
every reasonable effort to prevent any damage to the Easement Area, and any property,
improvements or landscaping located on the Easement Area, and if any such damage is
done as a result of Grantee's activities, Grantee shall immediately repair the same at
Grantee's sole expense. Grantee shall not construct any permanent improvements in the
Easement Area.
3. Compliance with Applicable Laws and Regulations. Grantee agrees that
any activities performed by or for it hereunder shall be performed in compliance with any
federal, state or local laws, ordinances or regulations. Grantee will abide by and comply
with Grantor's rules and regulations including safety rules, notices and signs while upon
the Easement Area and will not interfere with any work being performed or other use or
operations being carried out on the Easement Area. Grantee will not bring Hazardous
Materials onto or across the Easement Area. Grantee shall obtain any permits and
authorizations required for the conduct of any work on the Easement Area pursuant to this
Agreement. In addition, Grantee hereby agrees to assume all costs associated with
testing, monitoring, remediation, clean -up, manifesting and disposal of any hazardous
substances on the Easement Area required as the result of any work undertaken by the
Grantee on the Easement Area, including all health and safety requirements during
construction.
4. Indemnification. Grantee hereby agrees to assume all risk of injury,
damage or loss, and to defend, indemnify and save harmless Grantor and its tenants,
and their respective licensees, invitees, agents, employees, and members from and
against any and all losses, costs, expenses, attorneys' fees, actions, suits, claims,
judgments, liabilities, obligations, and damage, arising out of or in any way related to
1
Grantee's activities on the Easement Area and all work and other activities on, the
property by Grantee and its agents, contractors, employees and invitees; provided,
however, that Grantee shall be strictly liable for any Hazardous Materials it or its agents,
contractors, employees or invitees bring onto the Easement Area. This Section 4 shall
survive termination or expiration of this Temporary Construction Easement.
5. Release. Grantee and all individuals and entities gaining access to the
Easement Area under this Agreement (the "Users "), for themselves, their successors,
assigns, heirs and estate, hereby release Grantor, its affiliates and their respective
employees and owners from and against all claims, costs, damages, injury, liability or
expenses associated in any way, directly or indirectly, with the User's and its agents' and
contractors' access to the Easement Area, the conduct of their activities thereon, and the
existence of any condition, seen or unforeseen, on the Easement Area. This Section 5
shall survive termination or expiration of this Temporary Construction Easement.
6. No Recording. This Agreement shall not be recorded.
7. In the event of a conflict between the terms of these Access Protocols and
the Temporary Construction Easement of which they form a part, these Access Protocols
shall control.
2