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Home My WebLink About2014 - Temporary Construction Easement - Riverton Park United Methodist Church - 20140711001180 ry"1'1 4—►1`a`JE`.11lJl ILL\''�� Recorded at the Request of,and When Recorded Return to:Tukwila City Public Works Department 20140711001102 6200 Southcenter Boulevard FIRST AMERICAN EAS 79.00 ton 98168 PAGE-001 OF 008 Tukwila, Washington 07/11/2014 16:26 E.�rZCISE TAX NOT REQU KING COUNTY, WA C Records Ry�� ) ,Deputy ASSESSOR'S TAX PARCEL NUMBER: 1623049162 TEMPORARY CONSTRUCTION EASEMENT THE GRANTORS, Riverton Park United Methodist Church, a Washington non-profit corporation, for mutual benefits and other good and valuable consideration, receipt of which is hereby acknowledged, conveys and grants to THE GRANTEE,THE CITY OF TUKWILA, its successors and assigns, a temporary, non-exclusive, right, permit, license and easement to use and occupy the land escribed as follows: C \ !' 6 'e'l SEE EXHIBIT "A"—Legal Description of Easement(s), including a map of Easement(s), attached hereto and by this reference incorporated herein 1e 2.-‘56\A c �- G L/L 1. From the start of construction activities on the Cascade View Elementary Safe Route,Phase I project until the latter of December 31st 2015, or until completion of the improvement projects, for any and all purposes incidental to the construction of the Cascade View Elementary Safe Route, Phase I project. This easement is granted subject to the following terms and conditions: WtIRTESY R3M C ON /,TOLIABILITY FOR VALIDITY f.`c°Y33fB d:''I .itt :Ml i` * — A. Grantor shall not have the right to: /IttAL3ItrUIZANC^ W i. Erect or maintain any buildings or structures within the Easement Area; or ii. 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. B. Grantee shall indemnify and save the Grantor harmless from any and all claims and causes of action of every kind and description which may accrue to, or be suffered by, any person, persons or property by reason of, arising out of, or resulting from the use and occupancy of said lands by the Grantee, its successors and assigns, except for such claims and causes of actions caused by Grantor's negligence. C. In case of an emergency, the Grantee shall have the right without prior notice or proceeding at law,to enter upon the property for purposes of construction,repair and/or reconstruction of public and/or private improvements. D. This construction easement is temporary in duration and is for the purpose of granting permission to the CITY OF TUKWILA and its agents to enter onto the Grantor's Page I 1 property and make surface modification to surrounding areas, as identified on the attached exhibits and as necessary to complete the Cascade View Elementary Safe Route, Phase I project. E. Upon completion of construction of said Cascade View Elementary Safe Route, Phase I project, the CITY OF TUKWILA or its agents shall restore the existing slopes on said lands to match the new construction, restoring private property to the proposed conditions according to the city's construction plans. F. These terms and obligations expressed herein are not binding upon the CITY OF TUKWILA unless and until approved and accepted in writing by the Director of Public Works for the CITY OF TUKWILA. 2. General Provisions. • A. Access. Grantee and Grantee's agents shall have the right of access to the easement under, across, and over the Property to enable Grantee to exercise its rights hereunder. 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 Owner's/Grantor's Parcel, and shall run with the land. Page 12 E. 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. F. 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. G. 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. H. 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. I. 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 Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Riverton Park United Methodist Church 31 l8 S 140th Tukwila, WA 98168 In Witness hereof we set our hands and seals, DATED this €461 day of Mai , 2014 J GRANTOR RIVERTON PARK UNITED METHODIST CHURCH By: 044. /CL Its: Ch4t i r Of Tr 3 eeS Page 13 GRANTEE .,r CITY OF TUKWILA � Mayor/ Attest/Authenticated by: a , City erk Approved As To Form by City Attorney State of Washington ) : SS County doff King ) On this�:L) aay of , 2014, before me, the undersigned, a Notary Public in and for the tate of Was in ton, •my commissioned and sworn, perso y , a•seared � J, , to me known to •- th- ' r 44 f _A , w 's executed the Temporary Construction Easement and 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 -a- first above written. `,‘�i�%Nt$U Sgg111 Signature of Notary ' bli `� . tiS ON t.1r�4% �� Printed Name of No .ry Public• �• �,4#b /4. ir%i . OM Z ...rte ? Notary Public i nd for the State of Washington, 11110 '4 se Residing at_ /jE••••••�. . N't' �` Appointment Expires. 42P4/7/ .21/9/� Page I 4 • STATE OF WASHINGTON ) . ss. County of King ) r On this day of J ht,` , 20 I , before me, the undersigned, a Notary Public in and for the State of Wahington, duly commissioned and sworn, personally appeared 17'i 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. WITNESS my hand and official seal hereto affixed the day and year above written. ,ap NI, p ' tea' 4i a�*� Nap N in for the State of Washington. O 0T.i� geg p U.. tin)sV 4030° My appointment expires: 3-9-�Ci �p%%SO , Page 5 EXHIBIT A LEGAL DESCRIPTION AND DEPICTION OF EASEMENT Page 6 TEMPORARY CONSTRUCTION EASEMENT KING COUNTY PARCEL 1623049162 THAT PORTION OF LAND AS DESCRIBED IN DEED RECORDED UNDER RECORDER'S NUMBER 7103240484, 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 NORTHEAST CORNER OF PARCEL 1 OF SAID DEED, THENCE SOUTH 89°46'25" WEST, ALONG THE NORTHERLY LINE OF SAID PARCEL, A DISTANCE OF 24.07 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 01°42'52" WEST A DISTANCE OF 7.99 FEET; THENCE NORTH 88°17'08" WEST A DISTANCE OF 89.00 FEET; THENCE SOUTH 01°42'52" WEST A DISTANCE OF 17.90 FEET; THENCE SOUTH 54°14'27" EAST A DISTANCE OF 84.89 FEET; THENCE SOUTH 01°42'46" WEST A DISTANCE OF 322.95 FEET TO THE NORTHERLY MARGIN OF SOUTH 140TH ST AND THE TERMINUS OF SAID LINE. CONTAINING 19,758 SQUARE FEET, MORE OR LESS. : r if,*-..4' i <'. �P. 2,.99S -.J� ■ '� `d'S;'.°CI�TER ' 4' 1;N:i'L A;D 1 4 I Ilt (1623049060) 7- S89'46'25"W P.O.B. 24.07' S01'42'52'W / , , .// P.O.C. IR , 17.90 / '/—�/ t / / N88'17'08"W' S01'42'52"W -5/,/ '/�9.00' 7.99. N.T.S. s 84 1 ,.//(;?/// B�F, /// -i \/''/// /r / / / I / / /I/ / TEMPORARY Y /;Z —CONCSTRUCT I ON // EASEMENT f (19,758 S.F.) I - //;�// • (623049162) I, (1523049264) O :::// �. .. , . . .. , .. . =,U. 8= • Y �I(4 ii 7//M m N / Z I I/ / G i a / / S 140TH ST 0 0 EASEMENT EXHIBIT CASCADE VIEW ELEMENTARY DAVID EVANS Iln SAFE ROUTES TO SCHOOL PROJECT . Q AND ASSOCIATES 8th Avenu INC.e SE A PORTION OF SECTION 16 '" 0 Bellevue Washington 98005-3518 T.23N., R.04E., W.M. CITY OF TUKWILA, Phone: 425.519.6500 KING COUNTY, WASHINGTON