HomeMy WebLinkAbout2014 - Storm Drainage Facility Easement - Segale Properties LLC - 20140530000825 Th2. ç
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1 I Return Address: Cst)
• City of Tukwila
City Clerk
6200 Southcenter Boulevard
Tukwila, WA 98188 • 20140530000825
CW TITLE CO EAS 79.00
PAGE-001 OF 008
KING COUNTY,11:44
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Above this line reserved for recording information
Storm Drainage Facility Easement
Grantor: Segale Properties LLC, a Washington State limited liability company
Grantee: City of Tukwila, a Municipal Corporation of the State of Washington
Document Reference Number(s): N/A
Section/Township/Range: Portion of Section 3, Range 4E, Township 22N
(Full legal on pages 6-7)
Assessor's Tax Parcel Numbers: 022204-9015, 022204-9011
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OR TAX NOT RE UiRED
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EASEMENT FOR STORM DRAINAGE FACILITY
THIS EASEMENT FOR STORM DRAINAGE ("Easement")is dated thi ay of-Mftreh,2014,
by and between Segale Properties LLC,a Washington limited liability company("Grantor")and City
of Tukwila,a Washington municipal corporation("Grantee")(Grantor and Grantee each individually
a"Party" and collectively, the "Parties").
RECITALS
WHEREAS, the Grantor and Grantee are parties to that certain Development Agreement
relating to the Tukwila South development, dated June 10,2009(the"Development Agreement");
and
WHEREAS the Development Agreement requires Grantor to construct a regional storm drain
facility in the southern end of the development (the "Regional Facility") to contain and treat
stormwater runoff generated from the properties subject to the Development Agreement. The
required Regional Facility is more specifically defined in Section 5.4 of the Development
Agreement, and is located upon the property legally described in Exhibit A attached hereto (the
"Property"); and
WHEREAS,Grantor prepared and submitted to Grantee a Master Stormwater Infrastructure
Plan(the"Plan")that provides for the collection,detention,treatment and disposal of storm water for
the entire Project, including public streets; and
WHEREAS,pursuant to the Development Agreement,Grantor covenants that as set forth in
the Plan,the Regional Facility shall be sized to accommodate that portion of the stormwater run-off
from the Tukwila South Project, as that term is defined in the Development Agreement, (the
"Project"),including Southcenter Parkway,South 200th Street,that per the Plan will be discharged to
the Regional Facility and
WHEREAS,stormwater drainage from Frager Road and South 200th Street formally flowed
into a storm drainage pond located upon property known as King County Tax Parcel No. 022204-
9061 (the "Pond"); and
WHEREAS,the Parties desire that the stormwater run-off that previously flowed from South
200th Street and Frager Road into the Pond be routed to the Regional Facility; and
WHEREAS, pursuant to the Development Agreement, Grantor must grant to Grantee an
easement under, across, and over the Property allowing Grantee the right to discharge stormwater
from the Southcenter Parkway and South 200th Street rights-of-way into the Regional Facility; and
WHEREAS,the Washington Department of Ecology("DOE")has reviewed the Project and
issued Grantor coverage under the National Pollutant Discharge Elimination System construction
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stormwater general permit, DOE permit number WAR011880 (the "NPDES"), and a Section 401
Water Quality Certification under the Federal Clean Water Act, DOE Water Quality Certification
Order Number 2877, ("the Certification"); and
WHEREAS,Grantor has submitted an application to DOE for a National Pollutant Discharge
Elimination System individual permit for construction activity(the"Individual Permit"),which will
supersede the NPDES permit; and
WHEREAS,the Parties desire now to execute and record this Easement as provided in the
Development Agreement and for the purposes stated above,all on the terms and conditions set forth
herein;
AGREEMENT
NOW,THEREFORE,in consideration of the mutual covenants of the Parties contained herein and
other valuable consideration, the receipt of which is hereby acknowledged, the Parties agree as
follows:
1. Easement. Grantor hereby grants, conveys and warrants to Grantee, its agents, designees
and/or assigns,a perpetual,non-exclusive easement under,across and over the Property in its entirety
for discharge of stormwater drainage from portions of Southcenter Parkway and South 200th Street
rights-of-way into the Regional Facility,as set forth in the Plan(the"Allowed Discharge"). Grantor
also hereby grants, conveys and warrants to Grantee its agents and designees and/or assigns,a non-
exclusive easement under, across and over the property legally described in Exhibit B attached
hereto (the "Conveyance Property") for purposes of constructing and maintaining pipes to convey
stormwater from South 200th Street and Southcenter Parkway to the Regional Facility (the
"Conveyance System").
2. Covenant of Capacity. Grantor hereby covenants that the Regional Facility is designed and
constructed as set forth in the Development Agreement, and sized to accommodate stormwater
runoff from the Project, including Southcenter Parkway, South 200th Street, and all other
development proposed as part of the Project.
3. Access. Grantee shall have the right of access over and across the Property and the
Conveyance Property to access the Regional Facility to enable Grantee to exercise its rights
hereunder, so long as such access does not unreasonably interfere with Grantor's activities on the
Property and the Conveyance Property.
4. Costs and Maintenance. Grantor shall have the sole responsibility for the cost of
construction,operation and maintenance of the Regional Facility and any improvements placed upon
the Property. Grantee shall have the sole responsibility for the cost of construction, operation and
maintenance of the Conveyance System and shall maintain the same in proper working order at all
times. Grantor shall keep the Regional Facility and Property and any improvements therein in proper
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working order at all times. In the event that Grantee disturbs the surface of the Property or
Conveyance Property in connection with Grantee's exercise of rights under this Easement,Grantee
shall promptly restore at Grantee's expense such surface to its condition prior to the repair or
maintenance.
5. Compliance with Law. Grantee's exercise of the rights granted hereunder is and shall be
subject to all applicable state and federal regulations and the conditions and requirements of the
NPDES, the Individual Permit,when issued, and the Certification.
6. Indemnification. As a material consideration of Grantor granting this Easement, Grantee
shall indemnify, defend and hold Grantor 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(i)the negligent
activities or omissions of Grantee or Grantee's agents or employees in its exercise of rights under
this Easement, (ii) Grantee's Allowed Discharge causing a violation of any applicable state or
federal law,or causing a violation of the terms and conditions of the NPDES,the Individual Permit
or the Certification,and(iii)the release onto or from the Property by Grantee,or any of its respective
employees,agents,contractors,guests,invitees and/or licensees,of any hazardous or toxic materials
or substances, or the violation by any such party of any law or laws regulating the handling,
treatment, storage,disposal,release,or transport of any hazardous or toxic materials or substances.
The foregoing indemnity shall include,but not be limited to,any claims for damage to property,fines
and penalties, and environmental damages. Grantee shall not be required to indemnify Landlord
against liability for damages to the extent caused by or resulting from the negligence of Grantor,its
employees or agents.
Grantor shall indemnify, defend and 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 under this
Easement.
7.Successors and Assigns.The rights and obligations of the Parties shall inure to the benefit of
and be binding upon their respective successors in interest,heirs, and assigns.
[Signatures on Following Page]
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DATED as of the date first written above.
GRANTOR:
SEGALE PROPERTIES LLC,
a Washington limited liability company
By: Metro Land D-velopm- ;''t, Inc.
Its Manager
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,
By: s I
Name Mark ANSelale
Its: Vice-President
GRANTEE:
CITY:
CITY OF TUKWILA, a W.shington municipal corporation
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By: r.. AT.4/'`-•-
Ji/ggerton,
STATE OF WASHINGTON )
)ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Mark A.Segale is the person who appeared before
me, and said person acknowledged that s/he signed this instrument, on oath stated that s/he was authorized to
execute the instrument and acknowledged it as the Vice-President of the manager of Segale Properties LLC to be
the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
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Dated: •March ,2014
Notary Public
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STATE OF WASHINGTON )
)ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence Jim Haggerton 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 acknowledged it as the Mayor of the City of Tukwila to be the free and voluntary act of such party
for the uses and purposes mentioned in the instrument.
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Dated: ,2014
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
A PARCEL OF LAND LYING WITHIN PORTIONS OF GOVERNMENT LOT 8,AND
THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2,
AND THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
3, TOWNSHIP 22 NORTH,RANGE 4 EAST OF THE W.M., CITY OF TUKWILA,
KING COUNTY WASHINGTON, SAID PARCEL BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER
OF SAID SECTION 2; THENCE SOUTH 00°30'37"EAST ALONG THE WEST LINE
OF SAID SOUTHWEST QUARTER, A DISTANCE OF 837.05 FEET TO THE POINT
OF BEGINNING;
THENCE SOUTH 89°20'35"EAST 78.61 FEET;
THENCE SOUTH 87° 29'03"EAST 154.15;
THENCE SOUTH 89°20'35"EAST 592.80 FEET;
THENCE NORTH 00°39'25"EAST 15.00 FEET;
THENCE SOUTH 89° 20'35"EAST 290.64 FEET,MORE OR LESS,TO THE LINE OF
ORDINARY HIGH WATER ON THE LEFT BANK OF THE GREEN RIVER; THENCE
SOUTHERLY ALONG SAID ORDINARY HIGH WATER LINE SOUTH 35°
20'19"WEST 337.15 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE
LEFT HAVING A RADIUS OF 500.00 FEET; THENCE SOUTHERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 14° 13'23",AN ARC LENGTH OF 124.12
FEET TO THE NORTHEAST CORNER OF NEW PARCEL `B" AS PER CITY OF
TUKWILA B.L.A.NO.L 12-011,AS RECODED UNDER KING COUNTY RECORDING
NO. 20120109900003; THENCE LEAVING SAID ORDINARY HIGH WATER LINE
ALONG THE NORTH LINE OF SAID NEW PARCEL "B", NORTH 89°
14'54"WEST 1055.69 FEET;
THENCE SOUTH 85°39'22"WEST 73.37 FEET;
THENCE SOUTH 80°36'03"WEST 60.39 FEET;
THENCE NORTH 89° 01'39"WEST 97.60 FEET;
THENCE NORTH 70° 00'14"EAST 17.74 FEET;
THENCE NORTH 89°07'48"WEST 173.15 FEET TO THE BEGINNING OF A
TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 124.00 FEET; THENCE
NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 88° 50'16",
AND ARC LENGTH OF 192.26 FEET;
THENCE NORTH 00° 17'32"WEST 262.84 FEET;
THENCE SOUTH 89°20'35"EAST 703.30 FEET TO THE POINT OF BEGINNING.
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EXHIBIT B
LEGAL DESCRIPTION OF CONVEYANCE PROPERTY
A 25.00 FOOT WIDE STRIP OF LAND LYING NORTH OF AND ADJACENT TO THE
NORTHERLY RIGHT OF WAY MARGIN OF SOUTH 200TH STREET IN THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2,AND IN
THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3,
TOWNSHIP 22 NORTH, RANGE 4 EAST OF THE W.M., CITY OF TUKWILA, KING
COUNTY,WASHINGTON.
THE EAST END OF SAID 25.00 FOOT WIDE STRIP SHALL TERMINATE AT A
POINT 695.00 FEET EAST OF THE WEST LINE OF THE NORTHWEST QUARTER
OF THE SOUTHWEST QUARTER OF SAID SECTION 2.
THE WEST END OF SAID 25.00 FOOT WIDE STRIP SHALL TERMINATE AT A
POINT 678.00 FEET WEST OF THE EAST LINE OF THE SOUTHEAST QUARTER OF
THE NORTHEAST QUARTER OF SAID SECTION 3.
EXCEPT ANY PORTION THEREOF LYING WITHIN THE RIGHT OF WAY
MARGINS OF SOUTHCENTER PARKWAY EXTENSION AS PER DEED RECORDED
UNDER KING COUNTY RECORDING NO. 20121130002219.
TOGETHER WITH A 20.00 FOOT WIDE STRIP OF LAND IN THE NORTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3,THE
CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER
OF SAID SECTION 3; THENCE SOUTH 89° 53'50"WEST ALONG THE NORTH LINE
OF SAID SOUTHEAST QUARTER,A DISTANCE OF 588.28 FEET; THENCE SOUTH
00° 06'10"EAST AT RIGHT ANGLES TO SAID NORTH LINE 22.80 FEET TO THE
SOUTH RIGHT OF WAY MARGIN OF SOUTH 200TH STREET, ALSO BEING THE
POINT OF BEGINNING OF THIS CENTERLINE;
THENCE SOUTH 00°31'12"EAST 826.45 FEET TO THE TERMINUS OF THIS
CENTERLINE.
THE SIDELINES OF SAID 20.00 FOOT WIDE EASEMENT SHALL BE
LENGTHENED OR SHORTENED TO INTERSECT THE SOUTH RIGHT OF WAY
MARGIN OF SAID SOUTH 200TH STREET.
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