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Home My WebLink About2014 - Temporary Access Easement - Water District 125 - 20140505000804 ss 1ST AM kics (a 3-11� , 1111111 I 111111 1111 11 II 0 II II AFTER RECORDING MAIL TO: .20-140505000804 Name City of Tukwila Address 6200 Southcenter Blvd FIRST AMERICAN EAS 77.00 PAGE-001 OF 006 City/State Tukwila, WA 98188 05/05COUNTY13:19 Attn: City Clerk Document Title(s): 1. Temporary Access Easement Reference Number(s) of Documents Assigned or released: Grantor(s): 1. City of Tukwila 2. [ ] Additional information on page of document Grantee(s): 1. Water District 125 2. [ ] Additional information on page of document Abbreviated Legal Description: Parcels A-B, SP 90-9-SS, rec. 9010240314; Lots 1-7, Cherry Lane, Vol. 48 Pg. 21 Tax Parcel Number(s): 155420-0036-02;155420-0037-01; 155420-0005-06; 155420-0010-02; 155420-0015-07; 155420- 0020-00; 155420-0025-05, 155420-0030-08 [ X ] Complete legal description is on page 5 of document TEMPORARY ACCESS EASEMENT 0,, THIS TEMPORARY ACCESS EASEMENT ("Easement") dated AC2 , 2014 ("Effective Date"), is granted to WATER DISTRICT 125, a Washington special purpose district (the "Grantee") by the CITY OF TUKWILA, a Washington municipal corporation (the "City" or "Grantor"). RECITALS A. Since 1999 the City has acquired and cleared property along 41st Avenue South in the vicinity of South 144th Street to facilitate construction of the project known as Tukwila Village. B. On February 3, 2014 the City passed Ordinance 2429 to vacate a portion of the right of way commonly known as 41st Avenue South as more particularly described in the legal description attached hereto as Exhibit A and depicted on the map attached as Exhibit B (hereinafter referred to as "Vacated Road") to facilitate construction of Tukwila Village. Title to the real property comprising the Vacated Road will revert to the City by operation of law once the vacation is complete. C. Grantee currently owns infrastructure within the Vacated Road right-of- way and needs to continue to have access to that infrastructure until Tukwila Village is developed. Grantor or Grantor's successor in interest may need to relocate Grantee's infrastructure as part of the Tukwila Village development. D. After completion of the Tukwila Village Project, the City or the City's successor in interest shall grant a permanent easement to Grantee to allow for Grantee's infrastructure serving Tukwila Village. F. Temporary access to Grantee's infrastructure is necessary during construction of the Tukwila Village Project, and the City desires to grant such access, subject to the terms and conditions set forth in this Easement. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following grants, agreements, covenants and restrictions are made: . 1. Utility Easement. The City grants to Grantee a temporary, non-exclusive easement to access Grantee's existing utility infrastructure in the Vacated Road in order to operate, maintain, and remove Grantee's existing utility infrastructure. I • 2. Reservation of Rights. The City and the City's designees reserve the right to use the Property for any purpose not inconsistent with the easement rights herein granted. 3. Successors and Assigns. The terms and conditions of this Easement shall constitute covenants running with the land, and shall burden and benefit the land described herein as well as the owners of said land and their respective successors and assigns in interest. 4. Amendments. This Easement contains all covenants and agreements with respect to the matters set forth in this agreement. No prior agreement or understanding pertaining to the same shall be valid or of any force or effect, and the covenants and agreements of this easement shall not be altered, modified or added to except in writing signed by the parties to the Easement, and the original thereof recorded in the real property records of King County, Washington. 5. Severability. In the event any term, covenant, condition, provision, or easement contained in this Easement is held to be invalid, voided or otherwise unenforceable, by any court of competent jurisdiction, such holding shall in no way affect the validity or enforceability of any other term, covenant, condition, provision, or easement contained in this Easement. 6. Termination. This Temporary Access Easement shall automatically terminate upon such time as Grantor or Grantor's successor in interest grant a permanent easement to Grantee for Grantee's relocated infrastructure. Entered into as of the date first written above. CITY OF TUKWILA A Washington municipal corporation BY • m Hagge►o/ BY. ayor Attest/Authenticated: Approved as to Form: Atial." /74thisil ItIn #: ...- Christy O'FI'erty, City Cler City Attorney STATE OF WASHINGTON ) ) ss. COUNTY OF r,,,J5 ) On this 151-day of ,, t,. , 20 I y , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Jim Haggerton, to me known to be the person who signed as Mayor of the City of Tukwila, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of the corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal on the day and year first above written. / 4h4t..-.- ,P'i 9 c-----/ � / �tp (Signature of Nota 4' omututtill okie 6'4 0 il----L Xa"-±9 s�' a��t, -4 (Print or stamp name-6f Nota It � Ic s NOTARY PUBLIC in and for the State of 1 Hs A o �'s ' Washington, residing at C7.ly-e aa'o�i (,c - ht WAS L6 �� of � My appointment expires: --�'� gib Exhibit A LEGAL DESCRIPTION RIGHT-OF-WAY VACATION That portion of 41st Avenue South as dedicated by the Plat of Cherry Lane, recorded in Volume 48 of Plats, at Page 21, records of King County, Washington, Lying North of a line parallel with and 30.00 feet North of the South line of the Southeast quarter of the Southwest.quarter of Section 15, Township 23 North, Range 4 East,Willamette Meridian. Containing approximately 23,967 square feet. �. GIL: / 483" k.tSTBitEO • 'y9LLN 3"• Project Name: Tukwila Village Mav 31.2012 A ' Exhibit B J 0 0 J C? 1'=80' j % m ''T PARCEL A a PARCEL o • REC.NO. CO 0090240814 T;i / • 1= FLAT F: ¢ OL 8, PO.21 L 3 / 3 r / o /1/ / RIGHT-OF-WAY / / VACATION L;:T , 30' 30' 23,967± S.F. tel N p (A S. 144TH ST, S. LI: SE1/4 SWt/4 SEC.15 CNI a ci SCALE: For: JOB NUMBER HORIZONTAL 1"=80' VERTICAL N/A TUKWILA 15255 G HA& 18215 72ND AVENUE SOUTH s KENT WA 98032 VILLAGE 15255L001.DOC q1� ;. < !, Z 425 X251-6222 (4253251 --8782 FAX Title: SHEET ` .gJ- �, f CIVIL ENGINEERING, LAND RIGHT-OF-WAY moo- EENVIVIRONMENTALR SERVICES VACATION 1 of 1 DESIGNED XXX !DRAWN S7M I CHECKED BOG (APPROVED BDG I DATE 05-3 1-12