HomeMy WebLinkAbout2014 - Walkway and Utility Easement - Tukwila School District No 406 - 20140711001181 FIRST A i 5 C 3gk'kU'
Return to: 11111 11111 111 111
•
City Clerk 20140711001181
City of Tukwila
6200 Southcenter Boulevard FIRST AMERICAN EAS $2.00
PAGE-001 OF 011
Tukwila, WA 98188 07/11/2014 16:34
KING COUNTY, WA
EXCISE TAX NOT REQu l)
King Co Records
v1 .� Deputy
Above this line reserved for Recorder's use
WALKWAY& UTILITY EASEMENT
Grantor/Borrower: Tukwila School District No. 406, which acquired title as South
Central School District No. 406 and as King County School District No. 406
Grantee/Beneficiary: CITY OF TUKWILA, a municipal corporation of King County,
Washington. COURTESY r;CORD N ON
Document Reference Numbers : OLJJABILITYFG'V 'MTDIO'
Section/Township/Range: SE-16-23-4 ``�mL� p �
Assessor's Tax Parcel Number(s): 1623049038
Abbreviated Legal Description: PTN LOTS 1, 3-6, BLK 2, RIVERTON ACRE TRS,
VOL. 11, PG. 100; PTN NE 1/4 SE 1/4 16-23-4
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
("Parcel A").
B. This instrument sets forth the terms and conditions under which the
Grantor will grant the Grantee an easement.
2. Grant of Easement.
A. For and in consideration of TEN AND NO/100 DOLLARS and other
valuable consideration, the receipt of which is hereby acknowledged, Tukwila
School District No 406 ("Grantor") grants, conveys, and warrants to the CITY OF
TUKWILA, ("Grantee") for the purposes hereinafter set forth, a perpetual
r ,
easement under, across, and over Parcel A, a legal description and depiction of
said easement being attached hereto as Exhibit B and incorporated herein by this
reference.
3. Purpose of Easement.
The Grantee shall be entitled to use the easement under, across, and over Parcel
A in perpetuity for the purpose or purposes of:
Constructing, reconstructing, installing, repairing, replacing, operating and
maintaining public pedestrian path for access to and from Cascade View
Elementary School together with utility improvements, including but not limited to
walkway, rockeries and retaining walls, lighting systems, safety rails, utility pipes,
conduits, appurtenances, etc., and other related pedestrian pathway amenities
and utility improvements, together with the right to keep said Easement Area free
of obstructions, along with the right of ingress and egress thereto to enable
Grantee to exercise its rights hereunder; This easement is granted subject to the
following terms and conditions:
A. When in the process of performing any work in the Easement Area, Grantee
shall use construction procedures so that access to Grantor's property is not
blocked.
B. The Grantee shall, upon completion of any work within the Easement Area,
restore said area and any private improvements disturbed, damaged or
destroyed, during execution of the work, as nearly as practical to the condition
as existed immediately before the commencement of the work or entry by the
Grantee.
C. Grantor shall retain the right to use the Easement Area as long as such use
does not interfere with the easement rights granted to the Grantee. Grantor
shall not, however, have the right to:
i. Erect or maintain any buildings or structures within the Easement
Area; or
ii. Plant trees, shrubs or vegetation having root patterns, which may
cause damage to or interfere with the facilities placed within the
Easement Area by the Grantee; or
iii. Develop, landscape, or beautify the Easement Area in any way,
which would unreasonably increase the cost to the Grantee of
restoring the Easement Area and any private improvements
therein.
•
D. The Easement Area is partly located on Grantor's planned area for landscape
of interior setback of the property. The Grantor shall have the right to:
i. Receive credit for the planned landscaping within the Easement
Area and shall not be required to redesign to replace the lost
landscaped area elsewhere on the property; or
ii. Retain the right to utilize the Easement Area for the installation of
underground utilities so long as such use is pre-approved by the
Grantee and does not interfere with the Grantee's rights or .
disturb, damage or destroy Grantee's proposed improvements
related to the Cascade View Elementary Safe Route project.
The Grantor shall, upon completion of any work within the Easement Area,
restore said area and any Grantee's improvements disturbed, damaged or
destroyed, during execution of the work, as nearly as practical to the condition
as existed immediately before the commencement of the work or entry by the
Grantor.
E. The Grantor also grants to Grantee and those acting under or from the Grantee
the use of such additional area immediately adjacent to the above easement
as shall be required for the construction or maintenance of such improvements
in the easement, such additional area to be held to a minimum necessary for
that purpose.
F. In case of an emergency, the Grantee shall have the right without prior notice
or proceeding at law, to enter upon the property for the purpose of
construction, repairing and/or reconstruction said walkway and related
appurtenances, or making any connections therewith. In all other cases, the
Grantee shall notify the Grantor of the need to enter onto easement area prior
to doing so.
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 (see Section 3)
B. 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
resulting from this easement.
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 resulting from this easement.
C. 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 (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.
D. 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 as Parcel A, and shall run with the land.
E. Future Development. In the event the Grantor wishes to redevelop
the property described as Parcel A, Grantor shall be permitted to relocate the
easement and/or any private improvements so long as the relocation is pre-
approved by the Grantee and the relocation gives the Grantee the benefits and
rights that are substantially similar to the benefits and rights enjoyed under this
agreement.
F. 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.
G. 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.
•
H. 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.
I. 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.
J. 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:
CITY OF TUKWILA, WASHINGTON GRANTOR
iyipit r ■
Title: Mayor Title: S., Pr,r.-te,JeJ 'vk,0�1
Date: ' �(I Date: (Q
`.f
Attest/Authenticated: Approved As To Form:
0/14) fie"kj) CR( • -
City Clerk City Attorney
State of Washington )
: SS
County of King )
On this I I day of , 2014, before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn,
personally appeared Nc,r<<.z. C°°�4.- , to me known to be the
pert ,•, �,.�e,:st of
I1.ICw; . Sc h I s , who
executed the Walkway and Utility Easem,entand acknowledged the said
instrument to be free and voluntary act and deed of said nonprofit corporation, for
the uses and purposes therein set forth, and on oath stated that they are
authorized to sign said instrument on behalf of said nonprofit corporation.
WITNESS my hand and official seal hereto affixed the day and year first above
written.
Signature of Notary Public ,
Printed Name of Notary Publi�.��e eirhe.s
Elistary
� Notary Public in and for t he State of
MPNER n=Fob 21,201? Washington, Residing at I,kw;( .
Appointment Expires: 2_/ 21io1 I
STATE OF WASHINGTON )
. ss.
County of King )
On this day of j Lty , 20 1 11, before me, the
_amtE undersigned, a Notary Public in and'for the State of Washington, duly
commissioned and sworn, personally appeared pin 5--eitau ,
known to me to be the Mayor of CITY OF TUKWILA, the munic pal 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.
WITNESS my hand and official seal hereto affixed the day and year above written.
,�•f M. Op!- , i
4
Al
00. }°. i-A $ Notary -ublic in or the State of Was `' gton.
f
yfi S 0800. Residing at: r1X w w- i d 14)49-
4.7/11 Op"timuo...G~.••'` My appointment expires:1-9
EXHIBIT A
LEGAL DESCRIPTION
Tax Parcel Number: 162304-9038-08
THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
16,TOWNSHIP 23 NORTH,RANGE 4 EAST,W.M.,IN KING COUNTY,WASHINGTON,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION;THENCE NORTH 89°52'59"
WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER 30.01 FEET TO THE WEST
LINE OF THE EAST 30 FEET OF SAID SUBDIVISION AND THE TRUE POINT OF BEGINNING;
THENCE NORTH 89°52'59"WEST 519.63 FEET TO THE SOUTHWEST CORNER OF THE EAST
39.63 FEET OF LOT 1,BLOCK 2,RIVERTON ACRE TRACTS,ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 11 OF PLATS,PAGE 100,IN KING COUNTY,WASHINGTON;
THENCE SOUTH 00°13'20"EAST 91.91 FEET;THENCE.SOUTH 02°31'50"EAST 89.97 FEET;
THENCE SOUTHERLY TO A POINT ON THE WESTERLY EXTENSION OF THE NORTH LINE OF
JORGENSEN'S ADDITION,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 53 OF
PLATS,PAGE 71,IN KING COUNTY,WASHINGTON,WHICH IS SOUTH 89°01'46"WEST 55.07
FEET FROM THE NORTHWEST CORNER OF SAID PLAT;THENCE NORTH 89°01'46"EAST 55.07
FEET TO SAID NORTHWEST CORNER;THENCE SOUTH 00°58'14"EAST ALONG THE WEST LINE
OF SAID PLAT 194.75 FEET TO THE SOUTHWEST CORNER THEREOF;THENCE SOUTH 02°51'51"
WEST 69.68 FEET;THENCE SOUTH 01°40'11" WEST 104 FEET MORE OR LESS,TO A POINT
WHICH BEARS NORTH 89°42'02"WEST FROM A POINT ON THE EAST LINE OF SAID SECTION
16;
THENCE SOUTH 89°42'02"EAST 472.20 FEET,MORE OR LESS,TO SAID EAST LINE;
THENCE NORTH 01°40'11"EAST ALONG SAID LINE 176.24 FEET TO THE SOUTH LINE OF THE
NORTH 487 FEET OF SAID SUBDIVISION,BEING THE SOUTH LINE OF 32ND AVENUE SOUTH
AS CONVEYED UNDER RECORDING NUMBER 3410478;THENCE WEST ALONG SAID SOUTH
LINE TO THE WEST LINE OF THE EAST 30 FEET OF SAID SUBDIVISION;THENCE NORTH
01°40'11"EAST ALONG SAID WEST LINE 72.13 FEET,MORE OR LESS,TO THE NORTH LINE OF
SOUTH 137TH STREET AS SHOWN ON SAID JORGENSEN'S ADDITION;THENCE SOUTH
89°01'46"WEST ALONG SAID NORTH LINE 120 FEET;THENCE NORTH 01°40'11"EAST 240.32
FEET;THENCE NORTH 89°31'00"EAST 120 FEET TO A POINT WHICH IS SOUTH 01°40'11 WEST
177.27 FEET,MORE OR LESS,FROM THE TRUE POINT OF BEGINNING;THENCE NORTH
01°40'11"EAST 177.27 FEET,MORE OR LESS,TO THE TRUE POINT OF BEGINNING.
Situs Address: 13525 32nd Avenue South,Tukwila,WA 98168
EXHIBIT B
LEGAL DESCRIPTION AND DEPICTION OF EASEMENT
WALKWAY AND DRAINAGE EASEMENT
KING COUNTY PARCEL 1 623049038
THAT PORTION OF LAND AS DESCRIBED IN DEED FILED UNDER
AUDITORS FILE NUMBER 4580570, RECORDS OF KING COUNTY,
WASHINGTON, SITUATED IN THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 4
EAST, W.M., LYING EAST OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE SOUTHEAST CORNER OF SAID DEED, BEING
663.42 FEET SOUTHERLY OF WHEN MEASURED ALONG THE EAST LINE
OF SAID SOUTHEAST QUARTER;
THENCE NORTH 89°48'45" WEST, ALONG THE SOUTHERLY LINE OF
SAID PARCEL, A DISTANCE OF 37.57 FEET TO THE POINT OF
BEGINNING; THENCE NORTH 07'17'46" WEST A DISTANCE OF 8.41
FEET; THENCE NORTH 04°07'17" EAST A DISTANCE OF 165.22 FEET TO
THE NORTH LINE OF AFORESAID AUDITORS FILE NUMBER 4580570,
THENCE SOUTH 88°52'35" EAST, ALONG SAID LINE A DISTANCE OF
1.71 FEET, SAID POINT BEING 30.00 FEET WEST OF THE NORTHEAST
CORNER OF SAID PARCEL AND THE TERMINUS OF SAID LINE.
CONTAINING 6,136 SQUARE FEET, MORE OR LESS.
s'�:L:�i�"ice'•'' •r°';r,`.;�s:�i=•'• rz.
t. v} 4 r t�t /fit 1:4
MS
a
a
_ _ ____
Cl)
W,
la
N.T.S.
a
Z
S88'52'35"E
1.71'
r. r-r—r.
I I I-- 4- I I
lJ L.L..L/ / / `//
A r— a I 1 r- r• r•r-r,r• /
/1 1-• i\I f -1 It I I l 1 I i / / /
1 1.i .I 1. -t•J•J •••• • ••
/7 /,
. , / /
N
1N N f7// /
u7 P// /
W 'It, ■ %
1623049038) •z/.:/7' X1523049264)
3, /77/ ///
/
g f////
WALKWAY
e /AND
/DRAINAGE
/ EASEMENT /
/(6,136 S.F.),
///, /
/;,,,/ J ,/�
/://
,r/f
1 NOT17'46"W /�/ /
8.41 // / / /
,N89'48'45"W/
I P.O.B. 37.57' \-.13.0.c.
i. (1623049060)
a
0
8 •
EASEMENT EXHIBIT
CASCADE VIEW ELEMENTARY ' DAVID EVANS
CO Q ANDASSOCIATES INC.
SAFE ROUTES TO SCHOOL PROJECT 415-118th Avenue SE
�, QA PORTION OF SECTION 16 Bellevue Washington 98005-3518
T.23N., R.04E., W.M. CITY OF TUKWILA, Phone: 425.519.6500
KING COUNTY, WASHINGTON