Loading...
HomeMy WebLinkAbout2014 - Temporary Access Easement - Normandy Court Holdings - 20140220000560 1ST AM 20140220000560 FIRST AMERICAN EAS 85.00 �J 1X � .1 1(2M �� f / PAGE-001 I G COUNTY,TY,WA3 I�lj KING COUNTY, WA AFTER RECORDING MAIL TO: Name City of Tukwila Address 6200 Southcenter Blvd City/State Tukwila, WA 98188 Attn: City Clerk Document Title(s): 1. Temporary Access Easement Reference Number(s) of Documents Assigned or released: Grantor(s): 1. City of Tukwila 2. [ ] Additional information on page of document Grantee(s): 1. Normandy Court Holdings 2. [ ] Additional information on page of document Abbreviated Legal Description: Ptn SE1/4SW1/4 Sec 15,T23N, R4E; Lots 1-6 and Ptn 7, Cherry Lane (48/21); Parcels A-B, SP 90-9-SS, rec. 9010240314; Ptns Lots 12-15, Block 2, Adam Home Tracts (11/31) Tax Parcel Number(s): 152304-9242-01 and 152304-9096-08 and 155420-0005-09 and 155420-0010-02 and 155420- 0015-07 and 155420-0020-00 and 155420-0025-05 and 155420-0030-08 and 152304-9092-02 and 155420-0036-02 and 155420-0037-02 and 155420-0033-05 and 155420-0035-03 and 155420- 0034-04 and 004000-0180-04 and 004000-0194-08 and 004000-0146-07 and 004000-0145-08 and 004000-0191-01 and 004000-0196-06 and 004000-0198-04 [ X ] Complete legal description is on page 5 through 7 of document Exhibit C to Ord. No. 2_4_29_.. - TEMPORARY ACCESS EASEMENT THIS TEMPORARY ACCESS EASEMENT ("Easement") dated re-JJfua/ d, 2014 ("Effective Date"), is granted to NORMANDY COURT HOLDINGS, a Washington limited liability company (the "Grantee") by the CITY OF TUKWILA, a Washington municipal corporation (the "City" or "Grantor"). RECITALS A. On December 21, 2012, the City entered into a Development Agreement for the Tukwila Village Project to develop a number of parcels along Tukwila International Boulevard in the vicinity of South 144th Street (the "Property"). The legal description of the parcels that make up the Property is attached hereto as Attachment C1 and depicted on the map attached hereto as Attachment C2. B. On or about the Effective Date, the City will vacate a portion of the right of way commonly known as 41St Avenue South (hereinafter referred to as "Vacated Road") to facilitate construction of the Tukwila Village Project. Title to the real property comprising the Vacated Road will revert to the City by operation of law once the vacation is complete. C. Grantee is the owner of the property located at 14225 42nd Avenue South, known as the Normandy Court Apartments, King County Assessor Parcel No. 611110-0000 (the "Normandy Court"). D. The Vacated Road is currently used for pedestrian and vehicular access to the Normandy Court. E. After completion of the Tukwila Village Project, the City or the City's successor in interest shall grant a permanent easement to Grantee to allow for pedestrian and vehicular access to the Normandy Court from Tukwila International Boulevard and South 144th Street. F. Temporary access to the Normandy Court by vehicles and pedestrians is necessary during construction of the Tukwila Village Project, and the City desires to grant such access, 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: } Exhibit C 1. Access Easement. The City grants to Grantee a temporary, non- exclusive easement for ingress and egress in, on, over, upon and across the Property in the form of a paved surface no less than 20 feet wide that will connect the Normandy Court Apartments to either Tukwila International Boulevard, South 144th Street, or both (the "Access Road"). The Access Road shall be relocated on the Property from time to time to accommodate construction of the Tukwila Village Project. 2. Reservation of Rights. The City and the City's designees reserve the right to use the Property for any purpose not inconsistent with the easement rights herein granted. 3. Successors and Assigns. 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. 4. Amendments. This Easement contains all covenants and agreements 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 to the Easement, and the original thereof recorded in the real property records of King County, Washington. 5. 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. 6. Termination. This Temporary Access Easement shall remain in effect until execution of a permanent access easement benefitting the Normandy Court that is in substantially the same form as that attached hereto as Attachment C3. Upon execution of such permanent access easement, this Temporary Access Easement shall automatically terminate. Entered into as of the date first written above. CITY OF TUKWILA A W hington nicipal cor oration BY. Ji Hagg I ayor Exhibit C STATE OF WASHINGTON ) ) ss. COUNTY OF k log ) On this _) day of 'Feb-.Jv) , 20 (1 , before me, the undersigned, a Notary Public in and for tie State of Washington, duly commissioned and sworn, personally appeared Jim Haggerton, to me known to be the person who signed as Mayor of the City of Tukwila, the municipal corporation that executed the within and foregoing instrument, and acknowledged 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 he was authorized to execute said instrument on behalf of the corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal on the day and year first above written. (1.1/44/ . V///'/�j C/�/+y�, ,s.•�``, M. O*'�a,, (Signature of No ary) i +�7 itk (Print or stamp name of Notary) - • - s NOTARY PUBLIC in and for the State � � of Washington, residing at �f� c.e,G?�7� • o,+gyp WASH . My appointment expires: 3 ,9-f6 Attachment Cl Legal Descriptions of Tukwila Village Properties Real property in the County of King, State of Washington, described as follows: PARCEL A: THAT PORTION OF LOT 9 IN BLOCK 3 OF JAMES CLARK'S GARDEN ADDITION TO THE CITY OF SEATTLE,AS PER PLAT RECORDED IN VOLUME 13 OF PLATS, PAGE 12, RECORDS OF KING COUNTY,WASHINGTON;AND OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15,TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., IN KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTH 812.6 FEET OF THE EAST 425.5 FEET OF SAID SOUTHEAST 1/4; THENCE SOUTH 01°27'30" WEST 200 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTHWESTERLY TO A POINT ON THE EASTERLY LINE OF PACIFIC HIGHWAY SOUTH (STATE ROAD NO. 1), DISTANT SOUTHERLY 250.50 FEET(AS MEASURED ALONG SAID EASTERLY LINE) FROM THE INTERSECTION OF SAID EASTERLY LINE WITH THE NORTH LINE OF THE SOUTH 812.6 FEET OF SAID SOUTHEAST 1/4; THENCE SOUTHERLY ALONG SAID EASTERLY HIGHWAY LINE TO THE SOUTH LINE OF SAID LOT 9; THENCE EASTERLY ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER THEREOF; THENCE SOUTHERLY TO A POINT ON THE NORTHERLY LINE OF A TRACT CONVEYED TO ZIBA HUNTINGTON BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 412377; THENCE EASTERLY ALONG SAID NORTH LINE TO A POINT WHICH BEARS SOUTH 01027'30" WEST FROM THE TRUE POINT OF BEGINNING; THENCE CONTINUING EAST TO A POINT 405.04 FEET WEST FROM THE EAST LINE OF SAID SOUTHEAST 1/4 OF SOUTH SOUTHWEST 1/4; THENCE NORTH PARALLEL WITH SAID EAST LINE 65 FEET; THENCE NORTHWESTERLY TO THE TRUE POINT OF BEGINNING. PARCEL A-1: A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER A STRIP OF LAND 20 FEET IN WIDTH THE SOUTHERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE NORTH 398.1 FEET OF THE EAST 525.5 FEET OF THE SOUTH 812.6 FEET OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15,TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., 100 FEET DISTANT EAST OF THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTH 01027'30" WEST 200 FEET TO THE TRUE POINT OF BEGINNING OF THE SOUTHERLY LINE OF THE EASEMENT HEREIN DESCRIBED; THENCE SOUTHWESTERLY TO A POINT ON THE EASTERLY MARGIN OF PACIFIC HIGHWAY SOUTH (STATE ROAD NO. 1) WHICH POINT IS 250.50 FEET SOUTHERLY AS MEASURED ALONG SAID HIGHWAY FROM A POINT IN THE EAST MARGIN OF SAID HIGHWAY DISTANT 23.40 FEET, MORE OR LESS, WEST OF THE WEST LINE OF THE SUBDIVISION HEREIN DESCRIBED AND ON THE NORTH LINE THEREOF AS THE SAME IS PRODUCED WESTERLY. 1 • Attachment Cl Legal Descriptions of Tukwila Village Properties (continued) PARCEL B: THE NORTH 185.90 FEET OF THE SOUTH 430.9 FEET OF THE WEST 505 FEET OF THE EAST 1,031 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 4 EAST,W.M., IN KING COUNTY,WASHINGTON, LYING EASTERLY OF WASHINGTON STATE HIGHWAY NO. 1 (PACIFIC HIGHWAY SOUTH). PARCEL C: LOTS 1 THROUGH 6 INCLUSIVE, CHERRY LANE, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS, PAGE 21, IN KING COUNTY, WASHINGTON. PARCEL D: THE SOUTH 245 FEET OF THE WEST 505 FEET OF THE EAST 1031 FEET OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15,TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., IN KING COUNTY,WASHINGTON, LYING EASTERLY OF THE STATE HIGHWAY NO. 1. EXCEPT THE SOUTH 20 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD BY INSTRUMENT RECORDED UNDER RECORDING NO. 1158645. AND EXCEPT THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15,TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., LYING SOUTHWESTERLY OF THE ARC OF A CIRCLE HAVING A RADIUS OF 12.5 FEET WHICH IS TANGENT TO THE NORTH RIGHT OF WAY LINE OF SOUTH 144TH STREET AND THE EAST RIGHT OF WAY LINE OF PACIFIC HIGHWAY SOUTH, CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 7409040396. PARCEL E: LOT A OF SHORT PLAT NO. 90-9-SS, RECORDED UNDER RECORDING NO. 9010240314, BEING A PORTION OF LOT 7, CHERRY LANE,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS, PAGE 21, IN KING COUNTY,WASHINGTON. PARCEL F: LOT B OF SHORT PLAT NO. 90-9-SS, RECORDED UNDER RECORDING NO. 9010240314, BEING A PORTION OF LOT 7, CHERRY LANE,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS, PAGE 21, IN KING COUNTY,WASHINGTON. PARCEL G: THE NORTH 220 FEET OF LOT 7, CHERRY LANE,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS, PAGE 21, IN KING COUNTY,WASHINGTON. EXCEPT THE NORTH 132 FEET THEREOF. 2 Attachment Cl Legal Descriptions of Tukwila Village Properties (continued) PARCEL H: LOT 7, CHERRY LANE,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS, PAGE 21, IN KING COUNTY,WASHINGTON. EXCEPT THE NORTH 220 FEET THEREOF. AND EXCEPT THE SOUTH 84 FEET THEREOF. PARCEL I: THE SOUTH 84 FEET OF LOT 7,CHERRY LANE,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS, PAGE 21, IN KING COUNTY, WASHINGTON; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. Assessor tax parcel numbers: 152304-9092-02 152304-9096-08 152304-9242-01 155420-0005-09 155420-0010-02 155420-0015-07 155420-0020-00 155420-0025-00 155420-0030-08 155420-0033-05 155420-0034-04 155420-0035-03 155420-0036-02 155420-0037-01 3 Attachment C2 Depiction of Tukwila Village Properties The parcels A through I as indicated on the map below. Note: This is not a plat of survey. It is provided as a convenience to identify and locate the land subject to this Agreement with references to streets and other land. N ; k ,, ..„ W+E '" E ! S E S y ` I PARCEL t 1 PARCEL E PARCEL B PARCEL F / CEL G ,w-_..r-, o .> PARCEL© PARCEL H PARca 1 / r , a } 1 Attachment C3 to Temporary Access Easement ACCESS EASEMENT THIS ACCESS EASEMENT ("Easement") dated 2014 ("Effective Date"), is granted to NORMANDY COURT HOLDINGS, a Washington limited liability company (the "Grantee") by the CITY OF TUKWILA, a Washington municipal corporation (the "City" or "Grantor"). RECITALS A. On December 21, 2012, the City entered into the Development Agreement for the Tukwila Village Project to develop a number of parcels along Tukwila International Boulevard in the vicinity of South 144th Street (the "Property"). B. On February 3, 2014, the Tukwila City Council passed Ordinance No. 2429, vacating a portion of the right-of-way commonly known as 41st Avenue South (hereinafter referred to as "Vacated Road") to facilitate construction of the Tukwila Village Project. Title to the real property comprising the Vacated Road reverted to the City by operation of law once the vacation was complete. C. Grantee is the owner of the property located at 14225 42nd Avenue South, known as the Normandy Court Apartments, King County Assessor Parcel No. 611110-0000 (the "Normandy Court") which was previously accessed via the Vacated Road. D. On the City granted Grantee a temporary easement to allow vehicle and pedestrian access to the Normandy Court during construction of the Tukwila Village Project. E. The City now desires to grant a permanent easement for vehicular and pedestrian access to the Normandy Court, 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: Attachment C3 1. Access Easement. The City grants Grantee a permanent, non-exclusive easement for ingress and egress by pedestrians and vehicles in, on, over, upon and across the property legally described in Attachment C3a attached hereto and depicted on Attachment Cab attached hereto (the "Easement Area"). 2. Reservation of Rights. The City reserves the right to use the Easement Area for any purpose not inconsistent with the easement rights herein granted. 3. Successors and Assigns. 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. 4. Amendments. This Easement contains all covenants and agreements 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 to the Easement, and the original thereof recorded in the real property records of King County, Washington. 5. 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 municipal corporation BY: Jim Haggerton ITS: Mayor Attachment C3 STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day of , 20 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Jim Haggerton, to me known to be the person who signed as Mayor of the City of Tukwila, the municipal corporation that executed the within and foregoing instrument, and acknowledged 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 he was authorized to execute said instrument on behalf of the corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal on the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires: Attachment C3a LEGAL DESCRIPTION OF ACCESS EASEMENT That portion of Parcels A, B and C of City of Tukwila Boundary Line Adjustment No. recorded under King County Recording No. , more particularly described as follows: COMMENCING at the Southeast corner of said Parcel B; THENCE North 87°35'31" West, 139.18 feet along the South line of said Parcel C to the TRUE POINT OF BEGINNING; THENCE North 01°27'33" East, 155.74 feet to a point on a non-tangent curve, the radius of which bears North 88°32'36"West; THENCE Northwesterly along the arc of a curve concave to the Southwest, having a radius of 77.00 feet, through a central angle of 59°20'42", and an arc length of 79.75 feet to a point of reverse curvature; THENCE Northwesterly along the arc of a curve to the right, having a radius of 30.00 feet, through a central angle of 66°18'18", and an arc length of 34.72 feet; THENCE North 08°25'00" East, 71.74 feet to a point of tangency; THENCE Northerly along the arc of a curve to the left, having a radius of 213.00 feet, through a central angle of 06°57'36", and an arc length of 25.87 feet; THENCE North 01°27'24" East, 108.76 feet to a point on a non-tangent curve, the radius of which bears South 68°07'36"East; THENCE Northeasterly along the arc of a curve concave to the Southeast, having a radius of 2.00 feet, through a central angle of 18°19'51", and an arc length of 0.64 feet to a point of compound curvature; THENCE Northeasterly along the arc of a curve to the right, having a radius of 9.98 feet,through a central angle of 50°49'27", and an arc length of 8.85 feet; THENCE South 88°58'18"East,7.92 feet to the East line of said Parcel A; THENCE North 07°15'12"West, 28.29 feet along said East line; THENCE North 88°32'36" West, 3.73 feet to a point on a non-tangent curve, the radius of which bears North 06°07'01"East; THENCE Northwesterly along the arc of a curve concave to the Northeast, having a radius of 10.08 feet, through a central angle of 72°43'12", and an arc length of 12.79 feet to a point on a non- tangent curve,the radius of which bears South 78°59'31"West; THENCE Northwesterly along the arc of a curve concave to the Southwest, having a radius of 46.00 feet,through a central angle of 77°32'07",and an arc length of 62.25 feet; THENCE North 88°32'36"West,42.62 feet to a point of tangency; THENCE Westerly along the arc of a curve to the right, having a radius of 100.73 feet, through a central angle of 11°01'16", and an arc length of 19.38 feet; THENCE North 80°15'52"West, 17.62 feet to the North line of said Parcel A; THENCE South 73°14'00" West, 21.80 feet along said North line to the Northwest corner of said Parcel A, being to a point on a non-tangent curve,the radius of which bears North 80°0916"West; THENCE Southerly along the West line of said Parcel A, along the arc of a curve concave to the West, having a radius of 1,960.00 feet, through a central angle of 00°28'32", and an arc length of 16.27 feet; Project Name: Tukwila Village August 6,2013 Page 1 of 2 BDG 15255L.006.doc Exhibit: 15255EX1106-ACC.dwg Attachment C3a Continued LEGAL DESCRIPTION OF ACCESS EASEMENT THENCE South 80°15'52" East, 36.64 feet to a point on a non-tangent curve, the radius of which bears North 12°10'48" East; THENCE Easterly along the arc of a curve concave to the North, having a radius of 126.73 feet, through a central angle of 10°4325", and an arc length of 23.72 feet; THENCE South 88°32'36" East,42.62 feet to a point of tangency; THENCE Southeasterly along the arc of a curve to the right, having a radius of 20.00 feet, through a central angle of 90°00'00", and an arc length of 31.42 feet; THENCE South 01°27'24"West, 138.99 feet to a point of tangency; THENCE Southerly along the arc of a curve to the right, having a radius of 187.00 feet, through a central angle of 06°57'36", and an arc length of 22.72 feet; THENCE South 08°25'00"West, 71.74 feet to a point of tangency; THENCE Southwesterly along the arc of a curve to the right, having a radius of 30.00 feet, through a central angle of 66°18'18", and an arc length of 34.72 feet to a point of reverse curvature; THENCE Southwesterly along the arc of a curve to the left, having a radius of 77.00 feet,through a central angle of 24°53'19", and an arc length of 33.45 feet to a point of reverse curvature; THENCE Westerly along the arc of a curve to the right, having a radius of 30.00 feet, through a central angle of 42°57'03", and an arc length of 22.49 feet; THENCE North 71°14'17"West, 104.01 feet; THENCE North 70°32'36" West, 6.50 feet to the West line of said Parcel A, being to a point on a non-tangent curve,the radius of which bears North 71°23'01"West; THENCE Southerly along said West line, along the arc of a curve concave to the West, having a radius of 1,960.00 feet, through a central angle of 00°45'36", and an arc length of 26.00 feet; THENCE South 70°32'36" East,6.30 feet; THENCE South 71°33'50" East, 111.52 feet to a point on a non-tangent curve, the radius of which bears North 03°43'25"East; THENCE Easterly along the arc of a curve concave to the North, having a radius of 53.00 feet, through a central angle of 44°50'01", and an arc length of 41.47 feet to a point of reverse curvature; THENCE Southeasterly along the arc of a curve to the right, having a radius of 51.00 feet, through a central angle of 132°34'01",and an arc length of 118.00 feet; THENCE South 01°27'24"West, 155.31 feet to the South line of said Parcel C; THENCE South 87°35'31" East, 26.00 feet along the South lines of said Parcels C and B to the TRUE POINT OF BEGINNING. Project Name: Tukwila Village August 6, 2013 Page 2 of 2 BOG 15255L.006.doc Exhibit: 15255EXH06-ACC.dwg Attachment C3b MAP OF ACCESS EASEMENT GRAPHIC SCALE tie !!!T!ii I -.1 0 75 150 300 1 8 1" = 150 FEET .":/ .1L/ i� 0, Pe cn a_ a / c' c �' /% tO / ? / // o ACCESS V P c !I EASEMENT cn Q Qc � ci /� a �/ o 8. 144 HST. 6 to w �yy / C - in r0. La of` ta 1 T. 0 / cA W / / rii SCALE: JOB NUMBER HORIZONTAL 1"=150' VERTICAL N/A F01': TUKWILA 15255 �G Hi%• GS' KENT, WA 98032E VILLAGE 15255L.006.DOC ' ''•' 425 251-6222 co' - (425)251-8782 FAX Title: SHEET i4,--77,,i 1 CML ENGINEERING, LAND ACCESS H`''MO ewoi' ENVIRONMENTAL IERVICES EASEMENT EXHIBIT 1 of....1_ k DESIGNED XXX !DRAWN BDG (CHECKED BOG IAPPROVED._6DG_ !DATE 08-02-13