HomeMy WebLinkAbout2014 - Easement - Comcast Cable Communications Management LLC - 20140117000296 1111111 111111 II I 1111 11111111
20140117000296
CITY OF TUKWIL EAS 79.00
PAGE-001 OF 008
01/17/2014 09:30
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KING COUNTY, WA
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City Clerk
City of Tukwila EXCISE TAX NOT REQUIRED
6200 Southcenter Boulevard Refer to 'revio s / #
Tukwila, WA 98188 By APY Doty
Above this line reserved for Recorder's use
EASEMENT
Grantor: CITY OF TUKWILA, a municipal corporation of King County,
Washington.
•
Grantee: COMCAST CABLE COMMUNICATIONS MANAGEMENT, LLC, a
Delaware limited liability company
Document Reference Number(s): N/A
Section/Township/Range: NW1/4 of the SW1/4, Sec. 24, T.23N., R.4E., WM
Assessor's Tax Parcel Number(s): 295490-0421
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. Grantee has requested, and Grantor desires to grant, an easement
for the construction, installation, operation, maintenance, repair,
replacement, and improvement of Grantee's conduit and coax cable
facilities.
Page 1 of 8
C. 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 EIGHTEEN THOUSAND AND SIXTY TWO
DOLLARS ($18,062.00), and other good and valuable consideration, the
receipt of which is hereby acknowledged, CITY OF TUKWILA ("Grantor")
grants, conveys, and warrants to COMCAST CABLE COMMUNICATIONS
MANAGE MENT, LLC, ("Grantee") for the purposes hereinafter set forth, a
perpetual easement under, across, and over Grantor's Parcel, a depiction
of said Easement Area being attached hereto as part of Exhibit 'B', which is
attached and incorporated herein by this reference.
Except as may be otherwise set forth herein Grantee's rights shall be
exercised upon that portion of the Property ('Easement Area" herein)
described as follows:
An easement area approximately 10 feet in width having 5 feet of such
width on each side of a centerline described as follows:
The centerline of Grantee's facilities as now constructed, to be constructed,
extended or relocated lying within the described parcel (as shown on
Exhibit 'A' attached hereto and incorporated herein by this reference) and
as more particularly depicted on the drawing marked Exhibit `B' attached
hereto 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:
To construct, install, operate, maintain, repair, replace, improve, and
remove conduit and coax cable facilities.
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.
Page 2 of 8
B. Underground Installation Required. All facilities shall be installed
underground.
C. Termination for Cessation of Use. The rights herein granted shall
continue until such time as Grantee ceases to use the Easement
Area for a period of five (5) successive years, in which event this
easement shall terminate and all rights hereunder, and any
improvements remaining the Easement Area, shall revert to or
otherwise become the property of Grantor.
D. Conflict with Future City Project. In the event that the City desires to
construct, install, or otherwise use the City's property and if, in the
sole judgment of the City, the location, existence and use of the
Grantee's Improvements interferes with such construction,
installation, or use, Grantee shall have the obligation to protect,
modify or relocate the Improvements at the cost and expense of
Grantee, so as to remove the interference or hazard to the City's
satisfaction. In the event the City intends to undertake any such
construction, installation, or use, the City shall give Grantee
reasonable advance written notice of such intention. In no event
shall such notice be required to be given more than six months prior
to the scheduled commencement of work.
E. 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 arising out of this easement or
Grantee's activities in the easement area.
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 arising out of this easement or Grantee's
activities in the easement area.
F. 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
Page 3 of 8
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(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.
F. 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 above, and shall run with the land.
G. 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.
H. 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.
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.
J. 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.
K. 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:
Page 4 of 8
V.
If to the Grantor: City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
If to the Grantee: Comcast Cable Communications Management, LLC
15815 25th Avenue West
Lynnwood, WA 98087
Attn: Business Services
With a copy to: Comcast Cable Communications, LLC
One Comcast Center
1701 JFK Blvd.
Philadelphia, PA 19103-2838
Attn: General Counsel
/ LAO&f^ 2014
DATED this I � day of 3Q �]
GRANTOR: CITY F TUKWILA
M- 0
test/Authenticated: 41,1°;
.49/4 C/,‘A r---a4
City Clerk Approved p411Pro F. a. e
City Attorney
STATE OF WASHINGTON )
ss.
County of King "' ) T
On this 1 (✓ day of �..Janl\ta0`i , 201w 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.
Page 5 of 8
WITNESS my hand and official seal hereto affixed the day and year above written.
kovelmi l,,, C. � - ®' Met,
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01 - ' Notary Pub c in and for the State of
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autumvo My appointment expires .-- 946
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Grantee Date
STATE OF WASHINGTON )
)ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Matthew Fassnacht is the
person who appeared before me, and said person acknowledged that he signed
this instrument on oath stated that he was authorized to execute the
instrument and acknowledge as VP Business Services of COMCAST CABLE
COMMUNICATIONS MANAGEMENT, LLC, a Delaware limited liability company,
to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Dated rZ- O /3
JON O. ESSEX Nota y Public in and fo the State of Washington
STATE OF WASHINGTON
NOTARY PUBLIC residing at )4thuo =1 &f
MY COMMISSION EXPIRES
06-29-16 My appointment expires 6/Z9/4,
Page 6 of 8
groggta ,
EXHIBIT 'A'
LEGAL DESCRIPTION OF
OWNER'S / GRANTOR'S PROPERTY
GUNDAKERS INTERURBAN ADD POR OF VAC BLKS 4-16 & 17 & VAC STS
ADJ LY WITHIN STRIP 100 FT IN WIDTH ADJ ---- POR OF NW 1/4 OF SW 1/4
OF SECTION 24-23-04 - BEG NW CORNER TH SLY ALG WLY MGN TO N MGN
OF FORMER SEATTLE & TACOMA P S E RR RAN TH S 60-45-00 E TO.ELY
MGN OF SOUTHCENTER BLVD & POB TH NLY ALG SAID ELY MGN TO S
MGN OF LOT 1 OF CITY OF TUKWILA SHORT PLAT NO 88-1SS RECORDING
NO 8807210416 TH S 59-32-54 E TO WLY MGN OF RIVER BANK TH SLY ALG
SAID RIVER BANK TAP S 60-45-00 E OF POB TH N 60-45-00 W TO POB.
Page 7 of 8
EXHIBIT 'B'
APPROXIMATE LOCATION OF COMCAST'S
COAX CABLE FACILITIES
FORT DENT WAY
CENTERLINE
OF 10' WIDE
EASEMENT
VAULT
ASPHALT
TRAIL
CENTERLINE
OF 10' WIDE
EASEMENT
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DUWAMISII
NTS Rivo
Page 8 of 8
EASEMENT AGREEMENT
BY AND BETWEEN THE CITY OF TUKWILA AND COMCAST
This Agreement is entered into by and between the City of Tukwila, Washington, a non-
charter optional municipal code city hereinafter referred to as "the City," and Comcast Cable
Communications Management, LLC, hereinafter referred to as "Comcast," whose principal
office is located at 15815 25th Avenue West, Lynnwood, WA 98087 Attn: Business Services.
I. RECITALS
A. The City is the owner of property located at 6701 Fort Dent Way, TL no. 295490-0421,
(the"Property").
B. Comcast desires to purchase an easement to locate its facilities within a portion of the
Property.
C. The parties have conferred and now desire to enter into an agreement regarding
conveyance of an easement for Comcast's facilities within a portion of the Property (the
"Easement").
II. AGREEMENT
In consideration of the mutual convenants and promises contained herein, Comcast and the
City agree as follows:
1. Easement to be Granted. Within 30 days of the City's receipt of payment by Comcast as
outlined in Section 2 below, the City shall grant Comcast an Easement in substantially the same
form as that attached hereto as Exhibit A.
2. Monetary Consideration. Comcast agrees to pay the City $18,062.00 in consideration
for the Easement. The Parties agree that this amount represents the fair market value of this
easement based upon King County tax assessment records.
3. Easement Terms to Govern. The terms of the Easement shall be as set forth in Easement
executed pursuant to Section 1 of this Agreement.
DATED this I v day of OvvVair. , 20$.
CO A CAST CITY,OF TUKWILA
' c i
B : Al By: 411/ / ii.�/e..
Y
atthew Fassnacht, VP Business Services Jim Hag,- • , Mayo/
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