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HomeMy WebLinkAbout2013 - Permanent Easement Agreement for Stormwater Lift Station - Madison Investments LLC - 20130814002187 _aVtion After recording return document to: 11 101 II I 1 111 City of Tukwila 20130814002187 Office of the City Clerk FIRST AMERICAN EAS 81.00 6200 Southcenter Blvd PAGE-001 4// 13F14:28 Tukwila, WA 98188 KING COUNTY, WA EXCISE TAX NOT REQUIRED Kin. .0 R• .•.s ►, sion By �!_/L �i/� Deputy. Document Title: Permanent Easement Agreement for Stormwater Lift Station Grantor: Madison Investments, L.L.C. (who acquired title as Miller Lake Ranches, L.L.C.) Grantee: City of Tukwila Legal Description: Ptn of Lot B, City of Tukwila Short Plat No. L-99-0053, recorded under Recording No. 20000131900005, records of King County, Washington. Parcel Tax ID#352304-9061-05 PERMANENT EASEMENT AGREEMENT STORMWATER LIFT STATION The GRANTOR, Madison Investments, L.L.C. (who acquired title as Miller Lake Ranches, L.L.C.), a Montana limited liability company, its successors, heirs and assigns, as owner of the following described real property, for and in consideration of THIRTY ONE THOUSAND SIX HUNDRED FORTY AND NO/100 DOLLARS ($31,640.00), mutual benefits and in further consideration of the general public welfare and of the peculiar and special benefits accrued therefrom, the performance by the Grantee of the covenant, terms, and conditions hereinafter set for, and other valuable consideration, hereby conveys and grants to the GRANTEE, the City of Tukwila, a Washington municipal corporation, ("City") and its successors and assigns, a permanent, exclusive easement over, under, along, in, upon and across that portion of the property defined in Section 2 below (the "Burdened Property") that is legally described in Exhibit "A" of this Agreement, for the purpose of installing, constructing, operating, maintaining, removing, repairing, replacing, and using the stormwater pump station, stormwater equipment, emergency generator and appurtenances thereto ("the Improvements") on that portion of the Burdened Property legally described in Exhibit "A" of this Agreement to the same extent and purpose as if the rights herein granted had been acquired in fee simple absolute under Eminent Domain statutes of the State of Washington. 1. Burdened Property Common Description. The Burdened Property is commonly known as: King County Parcel 352304-9061-05 2. Burdened Property Legal Description. The Burdened Property is legally described as: - 1 - f Lot B, City of Tukwila Short Plat No. L-99-0053, recorded under Recording No. 20000131900005, records of King County, Washington. 3. Terms Defined. The terms "easement" and "easement area" in this Agreement refer to the easement herein granted on Grantor's property as described on the attached Exhibit "A". See also Exhibit"B". 4. Construction, Maintenance, and Repair. Grantee shall be responsible for all costs associated with the construction, maintenance, repair, and replacement of the Improvements on, and Grantee's use of, the Burdened Property. Grantee is also responsible for all City equipment and structure maintenance within the easement area. Grantee shall at its cost promptly repair any damage caused to the Burdened Property by the Improvements work, the ongoing operation of the Improvements, and Grantee's exercise of any easement rights granted herein. Grantee shall at all times keep the Improvements and this easement in a good and attractive condition. Grantor shall take no action which could damage or disrupt the City's use of the easement area or City equipment therein. 5. Grantee's Right of Access. Grantee shall have ingress and egress rights across the subject property to access the easement area at all times in order to maintain and operate the stormwater lift station, emergency generator, including fueling, and appurtenances associated with this facility; provided, however, that Grantee's ingress and egress rights shall be limited to the contiguous area created by the combination of the hatched areas depicted on Exhibit "C". All maintenance, inspection, testing, servicing, fueling, repairs, or other work on or to the Improvements and generator shall be performed between the hours of 1:00 a.m. and 11:00 a.m.; provided, however, in the event those hours conflict with the ordinary business hours of the Grantor or its current lessee, or future lessee or operator, of the Burdened Property, such operations shall be performed outside those ordinary business hours unless otherwise approved in writing by Grantor, which approval shall not be unreasonably withheld. The intent of the parties is to provide the City reasonable access to conduct the above stated operations without unreasonably interfering with the use of the person or entity operating or in possession of the Burdened Property. Between the two interests, priority should be given to the use of the Burdened Property by the Grantor and its tenants. Grantor shall notify Grantee of any changes in the ordinary business hours of the current or any future lessees of the Burdened Property. 6. Grantor's Right of Access. Grantor shall have no right to access or use Grantee's exclusive easement area for any use or function. 7. Screening. Grantee shall install, and maintain in good and attractive condition, screening of the emergency generator in accordance with the Tukwila municipal code. The screening shall be constructed of decorative, split-faced, concrete masonry units, with a 4" solid block top cap, consistent with the Preliminary Storm Lift Station #15 Improvements plans issued by Pace Engineering dated April 2012, file no. P11372BLD1. 8. Warranty. The Grantor warrants that the Grantor have good title to the Burdened Property with full authority to make this conveyance to Grantee and further warrants Grantee title to and quiet enjoyment of the easement conveyed herein. 9. Release and Indemnity. Grantee does hereby release, indemnify and promise to defend and save harmless Grantor, its successors, assigns, agents, and tenants, (collectively "Grantor"), from and against any and all liability, loss, cost, damage, expense, actions, and - 2 - Y claims, including costs and reasonable attorney fees incurred by Grantor in defense thereof, asserted or arising directly or indirectly on account of or out of (1) acts or omissions of Grantee and Grantee's servants, agents, employees, and contractors in the exercise of the rights granted herein; (2) any alleged or actual discharge of a "Hazardous Substance" from the Improvements or Grantee's operation or use of the Improvements. The term "Hazardous Substance" shall mean any hazardous, toxic, or dangerous substance, waste, or material which is or becomes regulated under any federal, state, or local statute, ordinance, rule, regulation, or other law now or hereafter in effect and shall include petroleum products and fuel; or (3) acts and omissions of Grantee in its use of Grantor's property which affect Grantee's employees, agents, contractors, and other parties benefiting from said Improvements, provided, however this paragraph does not purport to indemnify Grantor against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the negligence of Grantor or Grantor's agents, employees, contractors, or tenants. Grantees indemnity obligations under this Section 9 shall survive any termination of this easement as described in Section 10 below. 10. Successors and Termination. The rights and obligations of the parties shall be binding upon their respective successors and assigns. This easement agreement shall run with the land in perpetuity or until such time as the Improvements no longer serve their purpose, become permanently inoperable or disconnected, or are removed or abandoned by Grantee for a period of five years or more. 11. Entire Agreement. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the Grantor and Grantee and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both the Grantor and the Grantee. 12. Attorneys' Fees. The prevailing party in any action brought to enforce or interpret this Agreement shall be entitled to recover its reasonable attorneys' fees incurred in said action. 13. Restriction on Additional Easements. No other easements shall be granted within the aforementioned easement area without the written consent of Grantee, which consent will not be unreasonably withheld. 14. Applicable Law. This Agreement 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 Agreement shall be exclusively within the Superior Court of Washington for King County, Seattle division. 15. Waiver. Any waiver by a party of a breach of any provision of the Agreement 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. 16. Severability. If for any reason any portion of this Agreement is held to be invalid or unenforceable, the holding of invalidity or unenforceability of that portion shall not affect any other portion of this Agreement and the remaining portions of the Agreement shall remain in full force and effect. - 3 - 17. Grantor's Right to Modify Improvements. Grantee acknowledges the Improvements may be inconsistent with Grantor's future use and development of the Burdened Land, or any part thereof. In consideration of Grantor's grant of this easement to Grantee, Grantee shall allow Grantor to modify the Improvements at a future date, which shall not occur prior to termination of the now existing Ground Lease between MBK Northwest and Eastgate Theatre, Inc. The modifications may include, but may not be limited to, removing, replacing, and relocating the Improvements with an equally performing facility utilizing a new generator, a below-grade fuel storage tank, and a modification of the location and configuration of this easement and any other related permanent easements. Grantor shall be solely responsible for all costs, design, permitting, and construction associated with the modification. The modification shall be subject to written approval of Grantee, which approval shall not be unreasonably withheld. GRANTEE GRANTOR CITY OF TUKWILA MADISON INVESTMENTS, L.L.C. (WHO ACQUIRED TITLE AS MILLER LAKE CHES, L.L.C.) ti By: 'ii J Ern/ By: Title: M:1T�i Title: Pafl V i 1,46 on wu.h6'' Date: ���l Date: (9• Attest/Auth-nticated: Approved As To Form: Bib Imit& Cw qtakildi City C erk City Attorney - 4 - STATE OF WASHINGTON ) )ss. COUNTY OF KING ,(� On this .6/14 day of ly��j 2013, before me, the undersigned, a Notary Public in and for the State of hfa8hca. ,ry , duly commissioned and sworn, personally appeared 3 m thmer-fan to me known to be the Mai rr of the City of Tukwila, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that 4Je_ is authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. Witness my and and official seal hereto affixed the day and year first above written. C fr) • F „ 1614 �� sus•(`��~an�� hi NOTARY PUBLIC in and for the State of 1ro.Shtiha�i-u itb% o ARf O�iy it Residing at: (1` ,e-�I�, X47 s o - • -- �s %y g 40800 ir My Comm. Exp.: a.-9-1 s,,► • . _ag,At) O Er gSh�h�OF wAS I,e - - 5 - GRANTOR: Madison Investments, L.L.C. (who acquired title as Miller Lake Ranches, L.L.C.) STATE OF Ntm.ir&torA ) )ss. COUNTY OF . tr'lA1 ) On this Ao- day of �uuE' , 2013, before me, the undersigned, a Notary Public in and for the State of , duly commissioned and sworn, personally appeared Lee Leu in-e.. to me known to be the l i✓t Membev of Madison Investments, L.L.C. (who acquired title as Miller Lake Ranches,t.L .), the company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that Le L Le i v'€ is authorized to execute the said instrument and that the seal affixed is the corporate seal of said company. Witness my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC in and for the State of My 01-A or . �o�Ti,ryF JUDITH THEIS ,,otAA s NOTARY PUBLIC for the Residing at: I-t>fi sac s�rdNr n�T `"~ u<'+i State of Montana SEAL : Residing at My Comm. Exp.: 8—aa— ae2 I H 9,, � Livingston,Montana '�6 My Commission Expires August 22,2014 - 6 - Exhibit A Easement Permanent Exclusive Easement Description That portion of Lot B,City of Tukwila Short Plat No. L-99-0053, recorded under Recording No. 200001 131.900005, records of King County, Washington, all within the northwest quarter of the northeast quarter of Section 35,Township 23 North, Range 4 East, W.M., and more particularly described as follows: Commencing at the southwest corner of said Lot B, said corner being on the north margin of South 180`x' Street; Thence South 87°51'01" East, along said north margin,a distance of 67.00 feet; Thence North 02°08'59" East, at right angle to said north margin,a distance of 15.00 feet to the north line of an existing utility easement granted to the City of Tukwila under King County Recording No. 7312190674 and the POINT OF BEGINNING of the easement herein described; Thence continuing North 02°08'59" East a distance of 17.00 feet; Thence South 87°51'01" East, parallel with said north margin,a distance of 57.50 feet; Thence South 02°08'59" West, at right angles to said north margin, a distance of 17.00 feet to the north line of said existing easement; Thence North 87°51'01" West along said north easement line and parallel with said north margin a distance of 57.50 feet to the POINT OF BEGINNING. Situate in the City of Tukwila,County of King, State of Washington. The above described easement contains 977.5 square feet, more or less. Permanent Non-Exclusive Easement Description • That portion of Lot B, City of Tukwila Short Plat No. L-99-0053, recorded under Recording No. 20000 1 13 1900005, records of King County, Washington, all within the northwest quarter of the northeast quarter of Section 35,Township 23 North, Range 4 East, W.M., and more particularly described as follows: Commencing at the southwest corner of said Lot B, said corner being on the north margin of South 1 80`x'Street; Thence South 87°51'01" East, along said north margin, a distance of 67.00 feet; Thence North 02°08'59" East, at right angle to said north margin,a distance of 15.00 feet to the north line of an existing utility easement granted to the City of Tukwila under King County Recording No. 7312190674; Thence South 87°51'01" East, along said north easement line,a distance of 57.50 feet to the POINT OF BEGINNING of the easement herein described; Thence continuing South 87°51'01" East,along said north easement line, a distance of 16.00 feet; Thence North 02°08'59" East, at right angles to said north margin and north easement line a distance of 17.00 feet; Thence North 87°51'01" West, parallel with said north margin, a distance of 16.00 feet; Thence South 02°08'59" West,at right angles to said north margin, a distance of 17.00 feet to the POINT OF BEGINNING 1- -I- Situate in the City ofTu QW County ofKing, State of Washi t t The abo described ease ac ntains272gimcfee more or less. Together with ¥77%and eywy for 6mR 2b# and maintenance over the existing Western driveways and dl lanes,along+e southerly edge of said I B,as it currently s or as it may be modified in the future. /1, f 3 e w°�: ^ `w � % % � > ger.,..., 2\ , ' \/ y«y M ® ; « \ \ / ° \ ©! J' i/\} } , , \ : \�',,:,1, » , ��* »;2 > `.« \( " .. © \ § t ! /'' -n- , Exhibit B CITY OF TUKWILA - PUMP STATION #15 PERMANENT EASEMENTS & ACCESS EASEMENT 1 -...-.. 36' 36' 0 CS 4. 1— 1--• hi tO mt 10 CO K M i D 0 D csr L -, - EXISTING CURBS K , n 0 z c.i AND PARKING 1 - i= it cr 1 (3 ci 114i■ P.14 w „, w w z ,_ ..._ 0 N4 PERMANENT 16' X 17' P-- 114%, NON+EXCLUSIVE ....--1...- 1-- r..., ! c.D 0 z . EASEMENT 02 PERMANENT EXCLUSIVE '9 D ' 1 EASEMENT ar.,,,, ,, 7, ...... wa. (HATCHED AREA) --... 1"■•■ -r-- \ .....\<,-- - 0 1 1\171,_ I 06 (----- '------D 1.I \ Ns . N b I \\, \\I / CO 10 tn. :\. 1 / r rz • `...‘3>' LI') - rs P r, _7\—\ 1 P.O.B 3,0 r6, ....4 _.* 4.44 lc- ,.-- 1 1 \t,... \ \I , _ __, LINE TABLE 0 -V .1 [ LINE BEARING LENGTH edD N 02'08'59"E 1 L1 S87'51'01"E 16.00 17.00' --r- I L2 NO2'08'59"E 17.00 L3 N87'51.01"W 16.00 NO2'08'59"E 1 b o L4 S02'08'59"W 17.00 ID 15.00' - -- . he to 1 I <3 ALOCCCAETSISON 394.01' '----- --_____.. 1 1 _____ _ _ S02'23.20"W V . PROPERTY LINE I-----1 1 36' 36' — ...... 11255 Kirkland Way,Suite 300 (1101.' p 425.827.209184Tf 4251327.5043 DRAWN BY: FW PACE c „I Slructural l Pn la. ning i Survey JOB NUMBER: 11372.00 ,, DATE: 5/16/13 An Ensineenng Stokes Company paceengrs.com SCALE: 1" = 30' Exhibit X G CITY OF TUKWILA — PUMP STATION #15 .. -- s - ---vto, TEMPORARY CONSTRUCTION EASEMENT & ACCESS EASEMENT I t p1 iii m to ~ m �O t N 0 N I d 01 EXISTING CURBS vi z z w AND PARKING r✓ :W N cc P I1: Id 1 I oh-- W W 1 V PERMANENT EXCLUSIVE W EASEMENT 17.0' X 57.5') 1 ��-.- a St2'I'' I zu' CO .00� N wa S;7'S1'01"E, � --I 7.00 � \ "., ....r.......j SO2'08 59 W ��� ,1 1 co ���; 40.50'. I ( `P• te ft, z r.!`; 0 ...mil ..—! Q2� / Lek el�W 1, O ,r V N co tilt• I� 00 6 _ CO NIL, H N¢ .NI LA o \i p.0 8. II -`I`IIO,NO2;08'59••E:'\ f 60.50 j -°f 2• " /621/ ACCESS z VS.Qj 7 LOCATION 36' 394.01' //, 5/0' / �� f S02'23'20"W = 4111__-._4444 _ -- / I I PROPERTY LINE III 11255 Kirkland Way,Suite 300 Klrkiand,WA98013 JOB NUMBER: 11372.00 (P A C E)p. ....a...25.8...720 4..1I I...425.......27.5043 Civil I Skruclur al I Planning 1 Survey DRAWN BY: FW DATE: 4/23/13 Mrona,in9stmm carom/ paceangrs.cam SCALE: 1" = 30' Mg-MA/4E44" EA-sEMu1" Aez-Vs, AAA