HomeMy WebLinkAbout2014 - Easement - Riverton Park United Methodist Church - 20140711001101 P"f. r r \--2)7
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City of Tukwila 07/11/2014 16:26
6200 Southcenter Boulevard KING COUNTY, wA
Tukwila, WA 98188 EXCISE TAX NOT IttiQUELED
4 .Remits
Itzputy
Above this line reserved for Recorder's use
EASEMENT
Grantor/Borrower: Riverton Park United Methodist Church
Grantee/Beneficiary: CITY OF TUKWILA, a municipal corporation of King County,
Washington.
Document Reference Number(s):
Section/Township/Range: SE-16-23-4
Assessor's Tax Parcel Number(s): 162304-9060
Abbreviated Legal Description: PTN SEC 16 TWP 23N RGE 4E NE QTR SE
QTR, KING COUNTY
'I,3mmiri FOR VAUNTS A' 1 t Oh
p.$a,
MTh'TIN uk,ANC-2 COMTA1-4v
Page 1 of 10
. 1
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, Riverton
Park United Methodist Church, a Washington non-profit corporation ("Grantor")
grants, conveys, and warrants to the CITY OF TUKWILA, ("Grantee") for the
purposes hereinafter set forth, a perpetual easement under, across, and over
Parcel A, a legal description 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 Riverton Park United
Methodist Church 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
Page 2 of 10
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
Page 3 of 10
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
Page 4 of 10
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:
Page 5 of 10
CITY OF TUKWILA, ASHINGTON GRANTOR
411■ .• By: Odnda. Cea,
Title: Mayor Title: eitalrOP I ruslees
Date: Date: 5/20A-4/l
Attest/Au henticated: Approved As To Form:
4A 4 re ‘17 L••■`1f%l it' 1 ■1♦AI_■
City Clerk u City At orney
Page 6 of 10
State of Washington )
: SS
County of King )
On thisZay of , 2014, before me, the undersigned, a Notary
Public in and for the Sta a of Washin tonly commissioned and sworn,
.1-r ovally a•peared.0 .p—� , to me known to be the
•, of .
A .%Ar. _i _ , who
executed the Walkway and Utility 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 da - - - year first above
written.
Signature of Notary Publ
,�'
OS M
�` ,,.�`o+►��:=�e f���''.,� Printed Name of Notary Public: ,0 ,, •
t 11014* »: Notary Public in and for thete of
dioM w
��.� ''yA � Washington, Residing -t .
r, a !IC
ir�'••e�;ZO��•`',�, Appointment Expir-. • �� !� a Ar
tiliT411 If I 1000%
Page 7 of 10
STATE OF WASHINGTON )
: ss.
County of King )
On this nc o day of ---Y 4 l y , 201 1 , before me, the
undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared ---3-7M )4ok. S:2On) ,
known to me to be the Mayor of CITY OF TUKWILA, the muniipal 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.
4•%`j Vi.(2:PLA N
O AR C/14/$3 Nota Public in for for the State of ashin ton.
s - • - g Notary g
�y 01% 4.00 a i Residing at: C,5,e_Ca i Ltd }
i q ,OF�atek My appointment expires: 3-9. it4
Page 8 of 10
EXHIBIT A
LEGAL DESCRIPTION
PARCEL A:
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:
The east 216 feet in width of the following:
Beginning at the southeast corner of said northeast quarter of the southeast quarter;
Thence northerly along the easterly line thereof, 695 feet to the TRUE POINT OF
BEGINNING of the tract herein described; Thence westerly, along a line parallel to the
northerly line of said subdivision, 620 feet, more or less, to the easterly line of the original
Old Military Road; Thence southeasterly along said original line, to its intersection with
the easterly line of the new location of Military Road as now laid out and established;
Thence southeasterly along said easterly line of new location of Military Road, to its
intersection with a line 300 feet south of and parallel to the first course of this
description; Thence easterly along said parallel line, 510 feet, more or less, to the
easterly line of said northeast quarter of the southeast quarter; Thence northerly along
said easterly line, 300 feet, more or less, to the TRUE POINT OF BEGINNING; EXCEPT
that portion, if any, lying northerly of the following described line: Beginning at a point on
the east line of said Section 16, south 01°40'11"west 673.42 feet from the east quarter
corner thereof; Thence north 89°52'59"west 619.26 feet, more or less, to the easterly
line of Military Road and the terminus of said described line;
TOGETHER WITH 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 a point on the east line of said Section 16, distant south 01°40'11"west,
663.42 feet from the east quarter corner thereof; Thence continuing south 01°40'11"
west 10 feet; Thence north 89°52'59"west 619.26 feet, more or less, to the northeasterly
margin of Military Road as established on July 3, 1962; Thence northwesterly along said
margin to a point which bears north 89°52'59"west from the point of beginning; Thence
south 89°52'59"east to the point of beginning; EXCEPT that portion described as follows:
Commencing at the east quarter corner of said Section 16; Thence south 01 040'11"west
along the east line of said subdivision 673.42 feet; Thence north 89°52'59"west 216.08
feet to a point 216 feet from said east line, as measured at right angles; Thence
continuing north 89°52'59"west 3.00 feet to the TRUE POINT OF BEGINNING; Thence
continuing north 89°52'59"west 395.57 feet, more or less, to the easterly line of Military
Road; Thence north 19 045'42"west along said easterly line of Military Road 12.73 feet;
Thence south 89°42'01"east 400.19 feet; Thence south 01°40'11"west 10.70 feet to the
TRUE POINT OF BEGINNING.
Page 9 of 10
•
EXHIBIT B
LEGAL DESCRIPTION AND DEPICTION OF EASEMENT
Page 10 of 10
WALKWAY AND DRAINAGE EASEMENT
KING COUNTY PARCEL 1623049060
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 SOUTHEAST CORNER OF PARCEL 4 OF SAID
DEED,
THENCE SOUTH 89°46'25" WEST, ALONG THE SOUTHERLY LINE OF
SAID PARCEL, 17.06 FEET TO THE POINT OF BEGINNING; THENCE
NORTH 01°42'52" EAST, A DISTANCE OF 116.74 FEET; THENCE NORTH
02°47'27" WEST A DISTANCE OF 30.01 FEET; THENCE NORTH 07°17'46"
WEST, A DISTANCE OF 117.13 FEET, TO THE NORTH LINE OF SAID
PARCEL AND THE TERMINUS OF SAID LINE.
CONTAINING 5,831 SQUARE FEET, MORE OR LESS.
- • /•
(1623049038)
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" ,WALKWAY
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/DRAINAGE
EASEMENT
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S
EASEMENT EXHIBIT
CASCADE VIEW ELEMENTARY DAVID EVANS
SAFE ROUTES TO SCHOOL PROJECT AND ASSOCIATES' INC.h Avenue 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