HomeMy WebLinkAbout2013 - Access Easement and Maintenance Agreement - Segale Properties - 20130916000017Return Address
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, Washin• ton 98188
20130916000017
CITY OF TUKWIL EAS 84.00
PAGE -001 OF 013
09/16/2013 08:55
KING COUNTY, WA
0
Y
Document Title(s) (or transactions contained therein):
Access Easement and Maintenance Agreement
Reference Number(s) of Documents assigned or released:
(on page of documents(s))
_
Grantor(s) (Last name first, then first name and initials):
1. SEGALE PROPERTIES LLC
2. CITY OF TUKWILA
Grantee(s) (Last name first, then first name and initials):
1. CITY OF TUKWILA
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
Portion of Section 35, Range 23 E, Township 04N
X Full legal is on page document.
Assessor's Property Tax Parcel /Account Number
352304 -9038, 352304 -9008, 352304 -9090, 352304 -9019, 352304 -9109
EXCISE TAX NOT REQUIRED
Refer to previous Aff.#
By
qty
ACCESS EASEMENT
THIS ACCESS EASEMENT AND MAINTENANCE AGREEMENT
( "Easement ") is made as of , 20_ ( "Effective Date "), by and between
SEGALE PROPERTIES LLC, a Washington limited liability company ( "Segale
Properties ") and the CITY OF TUKWILA, a Washington municipal corporation ( "City ").
The parties to this Easement are referred to herein as "Party" or "Parties," as
appropriate.
RECITALS
A. On or about the Effective Date, the City of Tukwila (the "City ") will vacate
or has vacated pursuant to Ordinance No. 2400 ( "Ordinance ") a portion of the right of
way commonly known as S. 178th Street (hereinafter referred to as "Vacated Road ").
The Vacated Road is depicted in Exhibit A hereto. Title to the real property legally
described in the attached Exhibit B (the "Segale Property "), comprising a portion of the
Vacated Road will revert to Segale Properties and title to the real property legally
described in the attached Exhibit C (the "City Property "), comprising the remaining
portion of the Vacated Road will revert to the City by operation of law once the vacation
is complete.
C. Segale is relocating and reconstructing S. 178th Street to a location south
of the Vacated Road as depicted on the attached Exhibit D (the "New Road "). Until
such time as the New Road is completed the public requires access over the Vacated
Road.
D. Segale Properties and the City have agreed to grant a temporary public
access easement over the Vacated Road to the City, subject to the terms and
conditions set forth in this Easement.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the following grants, agreements,
covenants and restrictions are made:
1. Ingress and Egress Easement
Segale Properties grants to the City a temporary, non - exclusive public access
easement for ingress and egress in, on, over, upon and across the Segale Property until
such time as the New Road is dedicated to the City at which point this Easement shall
terminate without further action by Segale Properties or the City. The City grants to the
public a temporary, non - exclusive public access easement for ingress and egress in,
on, over, upon and across the City Property until such time as the New Road is
dedicated to the City at which point this Easement shall terminate without further action
by the City. The City, Segale Properties and all other members of the public shall be
entitled to use the Segale Property and the City Property for the purpose of free and
unfettered access by pedestrians and vehicles until such time as this Easement is
terminated, provided that the City and Segale Properties may temporarily restrict access
over the Vacated Road as necessary for construction of the New Road.
2. Maintenance by the City
During the term of this Easement, the City shall repair, maintain and keep the
Vacated Road, including both the Segale Property portion of the Vacated Road and the
City Property portion, in a safe, good and usable condition at the City's sole cost and
expense.
3. Indemnity
The City shall indemnify, defend, hold harmless and reimburse Segale
Properties, its partners, officers, agents and employees, from and against and for any
and all liabilities, obligations, penalties, fines, suits, claims, demands, actions, costs and
expenses of any kind or nature, including, without limitation, reasonable architects',
engineers', consultants', experts' and attorneys' fees that may be imposed upon or
asserted against Segale Properties by reason of (a) the City's breach or violation of any
term or provision of this Easement, (b) the City's or the public's presence on,
possession or use of, the Segale Property and the Easement, and /or (c) any act or
omission of the City or its successors, employees, contractors, subcontractors,
licensees, tenants, guests, members of the public, invitees or agents, except claims
caused by and to the extent of the negligence of Segale Properties. The foregoing
indemnity shall include, but not be limited to, any claims for injury to or death of persons
(including, without limitation, the City's employees), damage to property, nuisance,
mechanics' and materialmen's liens, construction liens, workers' compensation and
unemployment taxes, fines and penalties, and environmental damages.
Segale Properties shall indemnify, defend, hold harmless and reimburse the City,
its officers, agents and employees, from and against and for any and all liabilities,
obligations, penalties, fines, suits, claims, demands, actions, costs and expenses of any
kind or nature, including, without limitation, reasonable architects', engineers',
consultants', experts' and attorneys' fees that may be imposed upon or asserted against
the City by reason of (a) Segale Properties' breach or violation of any term or provision
of this Easement, (b) Segale Properties' presence on, possession or use of, the Segale
Easement Area or the Indemnified Parties' Parcels, and /or (c) any act or omission of
Segale Properties or its successors, employees, contractors, subcontractors, licensees,
tenants, guests, invitees or agents, except claims caused by and to the extent of the
negligence of the City or members of the public. The foregoing indemnity shall include,
but not be limited to, any claims for injury to or death of persons (including, without
limitation, Segale Properties' employees), damage to property, nuisance, mechanics'
and materialmen's liens, construction liens, workers' compensation and unemployment
taxes, fines and penalties, and environmental damages.
4. Notices
Any notice required or permitted to be given under this Easement shall be in
writing and may be given by personal delivery, by certified mail or air courier, and if
given personally or by mail, shall be deemed sufficiently given if addressed to the
Parties at the following address:
If to Segale Properties:
Segale Properties LLC
5811 Segale Park Drive C
Tukwila, WA 98188 (for courier service only)
P.O. Box 88028
Tukwila, WA 98138 -2028 (for mail only)
Attn: Company Counsel
If to City: City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
Attn: City Clerk
Mailed notices shall be deemed given on the third (3rd) business day following
deposit in the United States mail, certified postage prepaid. Notices delivered
personally or by air courier shall be deemed given upon receipt.
5. Title
The rights granted herein are subject to all permits, leases, licenses, easements
and encumbrances of record, if any, affecting the Vacated Road that may have been
heretofore granted; .
6. Binding Covenant
The terms and conditions of this Easement shall constitute covenants running
with the land, and shall burden and benefit the land described herein as well as the
owners of said land and their respective successors and assigns in interest.
7. Attorneys' Fees
Each Party shall pay its respective costs in connection with the negotiation,
drafting, and execution of this Easement. It is the intention of the Parties that in the
event a Party files an action, the Party that substantially prevails in that action shall be
made whole by the other Party. Accordingly, the substantially prevailing Party shall be
entitled to attorneys' fees and all necessary litigation expenses incurred in obtaining
relief, including any appeal arising out of the action. It is the Parties' further intent that
the remedy of an award of attorney's fees and litigation expenses is to be liberally
construed so that the aggrieved Party is put in as good a position as if the other Party
had fully performed.
8. Amendments
This Easement contains all of the covenants and agreements among the Parties
with respect to the matters set forth in this agreement. No prior agreement or
understanding pertaining to the same shall be valid or of any force or effect, and the
covenants and agreements of this Easement shall not be altered, modified or added to
except in writing signed by the Parties, and the original thereof recorded in the real
property records of King County, Washington.
9. Severability
In the event any term, covenant, condition, provision, or easement contained in
this Easement is held to be invalid, voided or otherwise unenforceable, by any court of
competent jurisdiction, such holding shall in no way affect the validity or enforceability of
any other term, covenant, condition, provision, or easement contained in this Easement.
Entered into as of the date first written above.
CITY OF TUKWILA
A Washington m nicipal corp ration
SEGALE PROPERTIES LLC,
a Washington limited liability company
By Metro Land D-velopme ,,Ync.
Its Manager ;
By:
Name: Mark A. Se
Its: Vice - President
STATE OF WASHINGTON )
) ss.
COUNTY OF
On this /P14 day of (, /„ /y--' , 20/3, before me, the undersigned, a
Notary Public in and for the ate bf Washington, duly commissioned and sworn,
personally appeared Mark A. Segale, to me known to be the person who signed as
Vice - President of Metro Land Development, Inc., Manager of SEGALE PROPERTIES
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
Mario A. Segale was authorized to execute said instrument on behalf of the limited
liability company.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day
and year first above written.
_A
(Signature o Iota
(Print ors t
1,13
p na
Pne f
e of Notary)
NOTARY PUBLIC in and for the State
of Washington, residing at
My appointment expires: 3
STATE OF WASHINGTON )
COUNTY OF 4 )
On this V- day of , 20)', before me, the undersigned, a
Notary Public in and for the St teoWashington, duly commissioned and sworn,
personally appeared Jim + , to me known to be the person who signed as
Mr ,-or of the City of Tut ilae municipal corporation that executed the within
andvforegoing 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 -htt was authorized to execute said
instrument on behalf of the limited liability company.
) ss.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day
and year first above written.
(-Z-\',/,,A5h— -743, 4----
( ig ature of Notary)
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State
of Washington, residing atGrfudc
My appointment expires: 0%p
EXHIBIT - A
SCALE 1 = 200'
__ SEGALE PROPERTY
CITY PROPERTY
VACATED PORTION SOUTH 178th ST.
4
o
VACATED 178th STREET:
SEGALE PROPERTY
CITY PROPERTY
cr
0
s
UTH 180th ST.
EXHIBIT - B
LEGAL DESCRIPTION -
SEGALE PROPERTY - PORTION OF VACATED S 178TH
A PORTION OF SOUTH 178TH STREET LING WITHIN THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 23
NORTH, RANGE 4 EAST OF THE W.M., CITY OF TUKWILA, KING COUNTY,
WASHINGTON, BEING DESCRIBED AS FOLLOWS:
COMMENCING AT A MONUMENT IN CASE AT THE SOUTHEAST CORNER
OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID
SECTION 35; ALSO BEING A POINT ON THE CENTERLINE OF SOUTH 180TH
STREET AS SHOWN ON STREET PLAN AND PROFILE, L.I.D. NO. 13 ON
FILE WITH THE CITY OF TUKWILA, DATED 06/11/68; THENCE NORTH 87°
50'41 "WEST ALONG SAID CENTERLINE 1325.13 FEET TO A MONUMENT IN
CASE AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF
THE NORTHEAST QUARTER OF SAID SECTION 35; ALSO BEING STATION
0 +00 FOR THE BEGINNING OF SOUTH 178TH STREET; THENCE
CONTINUING NORTH 87° 50'41 "WEST ALONG SAID CENTERLINE
574.08 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT
HAVING A RADIUS OF 143.24 FEET; THENCE ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 85° 35'34 ", AN ARC LENGTH OF
213.98 FEET TO THE BEGINNING OF A REVERSE CURVE TO THE LEFT
HAVING A RADIUS OF 238.74 FEET; THENCE ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 25° 57'24 ", AN ARC LENGTH OF
108.16 FEET TO CENTERLINE STATION 8 +96.22, ALSO BEING THE POINT
OF BEGINNING FOR THIS DESCRIPTION; THENCE LEAVING SAID
CENTERLINE, SOUTH 30° 02'36 "WEST 36.31 FEET TO THE
SOUTHWESTERLY RIGHT OF WAY MARGIN OF SAID SOUTH 178TH
STREET, ALSO BEING A POINT ON A NON - TANGENT CURVE TO THE
LEFT, THE RADIAL CENTER OF WHICH BEARS SOUTH 67° 02'35 "WEST
208.74 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE, AND SAID
RIGHT OF WAY MARGIN, THROUGH A CENTRAL ANGLE OF 37° 40'29 ",
AN ARC LENGTH OF 137.26 FEET; THENCE NORTH 60° 37'54 "WEST
147.95 FEET TO THE BEGINNING OF A NON - TANGENT CURVE TO THE
LEFT , THE RADIAL CENTER OF WHICH BEARS SOUTH 54° 32'34 "WEST
540.00 FEET; THENCE LEAVING SAID SOUTHWESTERLY RIGHT OF WAY
MARGIN, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
28° 02'58 ", AN ARC LENGTH OF 264.36 FEET, MORE OR LESS, TO THE
NORTHEASTERLY RIGHT OF WAY MARGIN OF SAID SOUTH 178TH
STREET; THENCE SOUTH 63° 30'24 "EAST ALONG SAID MARGIN 174.42
FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT
HAVING A RADIUS OF 508.59 FEET; THENCE ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 02° 52'30 ", AN ARC LENGTH OF 25.48
FEET; THENCE SOUTH 60° 37'54 "EAST 205.02 FEET TO THE BEGINNING
OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 268.74
FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
28° 32'37 ", AN ARC LENGTH OF 133.88 FEET; THENCE LEAVING SAID
RIGHT OF WAY MARGIN, SOUTH 30° 02'36 "WEST 34.55 FEET TO THE
POINT OF BEGINNING.
EXHIBIT - C
LEGAL DESCRIPTION
CITY PROPERTY - PORTION OF VACATED S 178th ST.
THAT PORTION OF SOUTH 178TH STREET, LYING IN THE EAST HALF OF THE
NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST
OF THE W. M., CITY OF TUKWILA, KING COUNTY, WASHINGTON, LYING
WESTERLY OF THE WESTERLY RIGHT OF WAY MARGIN OF SOUTHCENTER
PARKWAY AND SOUTHCENTER PARKWAY EXTENSION AS SHOWN ON
SURVEY RECORDED UNDER KING COUNTY RECORDING NO.20121130900001
SAID WESTERLY RIGHTS OF WAY ARE EXTENDED NORTHERLY AND
SOUTHERLY TO THEIR INTERSECTION, AND LYING EASTERLY OF THE
FOLLOWING DESCRIBED LINE:
COMMENCING AT A MONUMENT IN CASE AT THE SOUTHEAST CORNER OF
THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION
35; ALSO BEING A POINT ON THE CENTERLINE OF SOUTH 180TH STREET AS
SHOWN ON STREET PLAN AND PROFILE, L.I.D. NO. 13 ON FILE WITH THE CITY
OF TUKWILA, DATED 06/11/68; THENCE NORTH 87° 50'41 "WEST ALONG SAID
CENTERLINE 1325.13 FEET TO A MONUMENT IN CASE AT THE SOUTHWEST
CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SAID SECTION 35; ALSO BEING STATION 0 +00 FOR THE BEGINNING OF
SOUTH 178TH STREET; THENCE CONTINUING NORTH 87° 50'41 "WEST ALONG
SAID CENTERLINE 156.72 FEET TO THE AFOREMENTIONED WESTERLY RIGHT
OF WAY MARGINS OF SOUTHCENTER PARKWAY AND SOUTHCENTER
PARKWAY EXTENSION, ALSO BEING STATION 1 +56.72 ON THE CENTERLINE
OF SAID SOUTH 178TH STREET; THENCE CONTINUING ALONG SAID
CENTERLINE NORTH 87° 50'41 "WEST 417.36 FEET TO THE BEGINNING OF A
TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 143.24 FEET; THENCE
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 85° 35'34 ", AN ARC
LENGTH OF 213.98 FEET TO A POINT OF REVERSE CURVE TO THE LEFT
HAVING A RADIUS OF 238.74 FEET; THENCE ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 25° 57'24 ", AN ARC LENGTH OF 108.16 FEET TO
CENTERLINE STATION 8 +96.22; THENCE LEAVING SAID CENTERLINE
SOUTH 30° 02'36 "WEST 36.31 FEET TO THE SOUTHWESTERLY RIGHT OF WAY
MARGIN OF THE AFOREMENTIONED SOUTH 178TH STREET, ALSO BEING THE
POINT OF BEGINNING FOR THIS LINE DESCRIPTION; THENCE
NORTH 30° 02'36 "EAST 70.86 FEET TO THE NORTHEASTERLY RIGHT OF WAY
MARGIN OF SOUTH 178TH STREET, ALSO BEING THE TERMINUS OF THIS LINE.
EXHIBIT D
LOCATION OF RELOCATED S. 178TH STREET
1
SOUTH 178th VACATION and NEW R.O.W. DEDICATION MAP