HomeMy WebLinkAbout2014 - Easement - Riverton Park United Methodist Church - 20140711001103 =IT AMC AN))12WI\D
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City Clerk 20140711001103
City of Tukwila FIRST AMERICAN EAS 83.00
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6200 Southcenter Boulevard 07/11/2014 16:26
KING COUNTY, WA
Tukwila, WA 98188
EXCISE TAB NOT REQtj y - .-
King a Records
Deputy
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: Section 16, Township 23 North, Range 4
Assessor's Tax Parcel Number(s): 162304-9162
Abbreviated Legal Description: PTN SEC 16 TWP 23N RGE 4E NE QTR SE QTR,
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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.
Page 1 of 10
. T
A. For and in consideration of TEN AND NO/100 DOLLARS ($10.00), 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 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
Page 2 of 10
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.
Page 3 of 10
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.
Page 4 of 10
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:
•
Page 5 of 10
CITY OF TUKWILA, WASHINGTON GRANTOR
By: dodo, Oele42
/Mr
Title: Mayor Title: Chair-oF?rusfees
Date: 34(4 Date: SAO/AO/1
Attest/Authenticated: Approved As.To Form:
/
City Clerk / City Attorney
Page 6 of 10
State of Washington )
: SS
County of King )
On thisZMay of , 2014, before me, the undersigned, a Notary
Public in and for the State ashingtoMuly commissioned and sworn,
•-rsonally a•peared Zalb,41, ('±./ , to me known to be the
Li ' of
_ 0. . ee ///212S49 ,. ` 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 day and year first above
written.
001,T/044 l Signature of Notary 'ublic•
14* Pil
4z•*A44/1-0��l*tJ'i�e+%% Printed Name of • _ ublic o
..r" 's Notary Public in and for the if ate of
s 'e fr �o!e„ Washington, Residing a ,`ice _ -
'�l'� .
r' O°i!►4,•��� Appointment Expires.\ 4, ,'
• Page 7 of 10
STATE OF WASHINGTON )
. ss.
County of King )
On this h day of `11v , 20 I1, before me, the
undersigned, a otary Public in and fo( the State of Washin ton duly
� rY � 9 � Y
commissioned and sworn, personally appeared _Q . ,
known to me to be the Mayor of CITY OF TUKWILA, the munici 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.
43/4trAggN a � r'
1;a oiy''��i,��,,,, Notary Public in for a Tate of Washington.
�. � Residing at: td7..et,Und�
�t,,�� X80 ;` My appointment expires:
y /gyp 4 � G�
"Si,,'WAS�N•�`''
Page 8 of 10
EXHIBIT A
LEGAL DESCRIPTION
PARCEL A:
The east 225 feet of the south 695 feet of the northeast quarter of the southeast quarter
of Section 16, Township 23 North, Range 4 East, W.M., in King County, Washington;
EXCEPT the north 300 feet thereof;
AND EXCEPT any part in road;
TOGETHER WITH that portion of said northeast quarter of the southeast quarter of
Section 16, described as follows:
Beginning at the intersection of the west line of the east 225 feet of said subdivision with
the northerly line of South 140th Street; Thence north 01°40'11"east 200 feet;
Thence north 89°43'07"west 1 foot to the west line of the east 226 feet of said
subdivision; Thence south 01°40'11"west to the northerly line of South 140th Street;
Thence along said northerly line southeasterly to the point of beginning.
Page 9 of 10
EXHIBIT B
LEGAL DESCRIPTION AND DEPICTION OF EASEMENT
Page 10 of 10
1
WALKWAY AND DRAINAGE 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 17.06 FEET TO THE POINT OF
BEGINNING; THENCE SOUTH 01°42'52" WEST A DISTANCE OF 36.82
FEET; THENCE SOUTH 25°39'08" WEST A DISTANCE OF 45.98 FEET;
THENCE SOUTH 01°42'46" WEST A DISTANCE OF 317.58 FEET TO THE
NORTHERLY MARGIN OF SOUTH 140TH ST AND THE TERMINUS OF
SAID LINE.
CONTAINING 13,128 SQUARE FEET, MORE OR LESS.r``:``,``� .' �ti. ., `
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(1 623049060) S89'46'25"W
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36.82' . ., / N.T.S.
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__ ___ S 140TH ST
i
EASEMENT EXHIBIT
CASCADE VIEW ELEMENTARY DAVID EVANS
E. O AND ASSOCIATES INC.
SAFE ROUTES TO SCHOOL PROJECT ,� 0 415-118th Avenue SE
A PORTION OF SECTION 16 Bellevue Washington 98005-3518
T.23N., R.04E., W.M. CITY OF TUKWILA, Phone: 425.519.6500
KING COUNTY, WASHINGTON