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Home My WebLink About2014 - Easement for Storm Drainage Facility - Segale Properties - 20141121001570 20141121001570 SEGALE EAS 79.00 PAGE-001 OF 008 Return Address: KINGICOUNTY, WA1 CITY OF TUKWILA EXCISE TAX NOT REQUIRED Office of the City Clerk 6200 Southcenter Blvd. King Co. Records Tukwila,WA 98188 By __ epu (206)433-1800 CITY OF TUKWILA DOCUMENT RECORDING COVER SHEET Document Title(s): EASEMENT FOR STORM DRAINAGE FACILITY Grantee: City of Tukwila,WA 6200 Southcenter Boulevard Tukwila,WA 98188 Grantor: Segale Properties LLC Company Name PO Box 88028 Address Tukwila,WA 98138 City State Zip Legal Description: A Portion of the East Half of the Northwest Quarter of Section 35, Township 23 North,Range 4 East of the W.M. (Full Legal on Pages 6—7) Assessor's Property Tax Parcel/Account Numbers: 3523049013, 3523049015, 3523049019, 3523049034 EASEMENT FOR STORM DRAINAGE FACILITY THIS EASEMENT FOR STORM DRAINAGE ("Easement") is dated this day of )0VQ,A,,,)0,( 2014, by and between Sega le Properties LLC, a Washington limited liability company ("Grantor") and City of Tukwila, a Washington municipal corporation ("Grantee") (Grantor and Grantee each individually a "Party" and collectively, the "Parties"). RECITALS WHEREAS, the Grantor and Grantee are parties to that certain Development Agreement relating to the Tukwila South development, dated June 10, 2009 (the "Development Agreement"); and WHEREAS the Development Agreement requires Grantor to construct a regional storm drain facility in the northern end of the development (the "Regional Facility") to contain and treat stormwater runoff generated from the properties subject to the Development Agreement. The required Regional Facility is more specifically defined in Section 5.4 of the Development Agreement, and is located upon the property legally described in Exhibit A attached hereto (the "Property"); and WHEREAS, Grantor prepared and submitted to Grantee a Master Stomlwater Infrastructure Plan (the "Plan") that provides for the collection, detention, treatment and disposal of storm water for the entire Project, including public streets; and WHEREAS, pursuant to the Development Agreement, Grantor covenants that as set forth in the Plan, the Regional Facility shall be sized to accommodate that portion of the stormwater run-off from the Tukwila South Project, as that term is defined in the Development Agreement, (the "Project"), including Southcenter Parkway and South 184th Place, that per the Plan will be discharged to the Regional Facility and WHEREAS, pursuant to the Development Agreement, Grantor must grant to Grantee an easement under, across, and over the Property allowing Grantee the right to discharge stormwater from Southcenter Parkway and South 184th Place rights-of-way into the Regional Facility; and WHEREAS, the Washington Department of Ecology ("DOE") has reviewed the Project and issued Grantor coverage under the National Pollutant Discharge Elimination System construction stormwater general permit, DOE permit number WAR011880 (the "NPDES"), and a Section 401 Water Quality Certification under the Federal Clean Water Act, DOE Water Quality Certification Order Number 2877, ("the Certification"); and WHEREAS, Grantor has submitted an application to DOE for a National Pollutant Discharge Elimination System individual permit for construction activity (the "Individual Permit"), which will supersede the NPDES permit; and WHEREAS, the Parties desire now to execute and record this Easement as provided in the Development Agreement and for the purposes stated above, all on the tenns and conditions set forth herein; AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants of the Parties contained herein and other valuable consideration, the receipt of which is hereby acknowledged, the Parties agree as follows: 1. Easement. Grantor hereby grants, conveys and warrants to Grantee, its agents, designees and/or assigns, a perpetual, non-exclusive easement under, across and over the Property in its entirety for discharge of stonnwater drainage from portions of Southcenter Parkway and South 184th Place rights-of-way into the Regional Facility, as set forth in the Plan (the "Allowed Discharge"). Grantor also hereby grants, conveys and warrants to Grantee its agents and designees and/or assigns, a non- exclusive easement under, across and over the property legally described in Exhibit B attached hereto (the "Conveyance Property") for purposes of constructing and maintaining pipes to convey stonnwater from South 184th Place and Southcenter Parkway to the Regional Facility (the "Conveyance System"). 2. Covenant of Capacity. Grantor hereby covenants that the Regional Facility is designed and constructed as set forth in the Development Agreement, and sized to accommodate stormwater runoff from the Project, including Southcenter Parkway, South 184th Place, and all other development proposed as part of the Project. 3. Access. Grantee shall have the right of access over and across the Property and the Conveyance Property to access the Regional Facility to enable Grantee to exercise its rights hereunder, so long as such access does not unreasonably interfere with Grantor's activities on the Property and the Conveyance Property. 4. Costs and Maintenance. Grantor shall have the sole responsibility for the cost of construction, operation and maintenance of the Regional Facility and any improvements placed upon the Property. Grantee shall have the sole responsibility for the cost of construction, operation and maintenance of the Conveyance System and shall maintain the same in proper working order at all times. Grantor shall keep the Regional Facility and Property and any improvements therein in proper working order at all times. In the event that Grantee disturbs the surface of the Property or Conveyance Property in connection with Grantee's exercise of rights under this Easement, Grantee shall promptly restore at Grantee's expense such surface to its condition prior to the repair or maintenance. 5. Compliance with Law. Grantee's exercise of the rights granted hereunder is and shall be subject to all applicable state and federal regulations and the conditions and requirements of the NPDES, the Individual Permit, when issued, and the Certification. -2- 6. Indemnification. As unuatcrio] consideration of (irantor granting this Easement, Grantee shall indemnify, defend and hold Grantor and its officers. agents and ernployees harmless froin all costs, claims, or liabilities of any nature, including attorneys' fees, costs, and expenses for or on account o[ injuries orduonagcssus1ainedbyunyporxoosorpcopcdyrcnuhjng/rorn(i)ihencg|igrni activities or omissions of Grantee or Grantee's agents or employees in its exercise of rights under this Easement, (ii) Grantee's /\Uovvod Discharge causing a violation of any applicable state or federal law, or causi ng a viol 1ioo ofdzc1crox and conditions uI the 4Pl{S, the individual Permit or thc Certification, and (iii) the release onto or from the Property by (irantee, or any of its respective t/op1oycca,ugcntn,conbraclors,gocs1o,iuvi1cceaod/orlicooxoes,ofonyhuzordouSortozicmu1criuln or substances, or 1bc violation by any such party of any law or laws regulating the handling, treatment, storage, disposal, release, or transport of any hazardous or toxic materials or substances. The foregoing indemnity shall include, but not be limited to, any claims for damage to property, fines and penalties, and environmental damages. Grantee shall not be required to indemnify Grantor against liability tbr darnages to the cxtent caused by or resulting from the ncgligcnce ofGrantor, its employccs or agents. Grantor shall indemnify, defend and 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 foror0o account ofinjuries or damages sustained by any persons or property resulting ft000thonog}igoz1zotivi{icsnrurnixnionyo[thc{)ruotnzozGrmntnr"smgcntsorcmop|oyucsuodcrthiS 7. Successors and Assigns. The right and obligations o[ the Parties shall inure b` the. booc• bnf and be binding upon their respective successors in interest, heirs, and assigns. [Signatures on Following Page] DATED as of the date first written above. GRANTOR: SEGALE PROPERTIES LLC, a Washington limited liability company By: Metro Land D: elop , Inc. Its Manager By: Name: MarkA. **eg:le Its: Vice-President GRANTEE: CITY: CITY OF TUKWJLA, a Washington municipal corporation By: STATE OF WASHINGTON ) ss. COUNTY OF KING 1 certify that I know or have satisfactory evidence that Mark A. Segale is the person who appeared before me, and said person acknowledged that s/he signed this instrument, on oath stated that s/he was authorized to execute the instrument and acknowledged it as the Vice-President of the Manager of Segale Properties LLC to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: November 42 , 2014 061', .ossoi CP = NOTARy PUBLIC /5 ,-:1/4(300.‘ %'„ OP WAVN ,,,,,,,tio‘" (Use this space for notarial stamp/seal) Notary Public Print Name e„ Coo,— My commission commission expires 1 - t s -4- STATE OF WASHINGTON ) ss. COUNTY OF KING 1 certify that 1 know or have satisfactory evidence Jim Haggerton is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of the City of Tukwila to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Novernber 1, 2014 (Usc this space for cal Notary Public Print Name My commission expires EXHI IT A LEGAL DESCRIPTION OF PROPERTY A PORTION OF THE EAST HALF OF T E NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST OF THE W. M., CITY OF TUKWILA, KING COUNTY, WASHINGTON, BEING DESCRIED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST RIGHT OF WAY MARGIN OF SOUTHCENTER PARKWAY EXTENSION OPPOSITE HIGHWAY ENGINEERS STATION 114+30.36, 41.50 RIGHT, AS SHOWN ON SURVEY RECORDED UNDER KING COUNTY RECORDING NUMBER 20121130900001, SAID SURVEY ALSO BEING THE BASIS OF BEARING FOR THIS DESCRIPTION; THENCE LEAVING SAID WEST RIGHT OF WAY MARGIN, NORTH 74° 57'40"WEST 127.43 FEET; THENCE SOUTH 71° 34'27"WEST 86.62 FEET; THENCE NORTH 60° 44'18"WEST 92.87 FEET; THENCE SOUTH 45° 39'48"WEST 16.00 FEET; THENCE NORTH 61° 19'01"WEST 437.38 FEET, MORE OR LESS, TO THE EASTERLY RIGHT OF WAY MARGIN OF SOUTH 184T1 PLACE; THENCE NORTH 16° 08'19"EAST ALONG SAID MARGIN, 43.87 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 540.00 FEET; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 08° 26'34, AN ARC LENGTH OF 79.57 FEET; THENCE LEAVING SAID EAST RIGHT OF WAY MARGIN, NORTH 30° 02'36"EAST 53.83 FEET TO THE SOUTH LINE OF PARCEL "B", AS SHOWN ON CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT AS RECORDED UNDER KING COUNTY RECODING NUMBER 20130227900005; THENCE ALONG SAID SOUTH LINE THE FOLLOWING COURSES; SOUTH 42° 30'57"EAST 100.63 FEET; THENCE SOUTH 87° 50'41"EAST 274.20 FEET; THENCE SOUTH 59° 51'33"EAST 103.03 FEET; THENCE SOUTH 78° 59'13"EAST 97.25 FEET; THENCE SOUTH 83° 47'24"EAST 152.77 FEET TO THE AFOREMENTIONED WEST RIGHT OF WAY MARGIN OF SOUTHCENTER PARKWAY EXTENSION; THENCE SOUTH 09° 50'27"WEST, ALONG SAID MARGIN, 270.70 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A DIUS OF 958.50 FEET; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 02° 00'44", AN ARC LENGTH OF 33.66 FEET TO THE POINT OF BEGINNING. -6- EXHIBIT B LEGAL DESCRIPTION OF CONVEYANCE P OPERTY A 15.00 FOOT WIDE STRIP OF LAND, OVER UNDER AND ACROSS A PORTI N OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, NGE 4 EAST OF THE W. M., IN THE CITY OF TUKWILA, KING COUNTY, WASHINGTON, THE CENTERLINE OF SAID STRIP OF LAND BEING DESCRIBED AS FOLLOWS: • COMMENCING AT THE CENTERLINE INTERSECTION OF SOUTH 184" PLACE AND SOUTHCENTER PARKWAY EXTENSION; THENCE NORTH 42° 13'31"WEST ALONG THE CENTERLINE OF SAID SOUTH 184111 PLACE, A DISTANCE OF 108.00 FEET; THENCE LEAVING SAID CENTERLINE, NORTH 44° 49'43"EAST 30.05 FEET, MORE OR LESS, TO THE NORTHEASTERLY RIGHT OF WAY MARGIN OF SAID SOUTH 184" P1 ACE, ALSO BEING THE POINT OF BEGINNING FOR THIS CENTERLINE DESCRIPTION; THENCE CONTINUING NORTH 44° 19'43"EAST 339.30 FEET; THENCE NORTH 41° 49'56"EAST 277.34 FEET; THENCE NORTH 25° 43'28"EAST 334.47 FEET; THENCE NORTH 61° 47'52"WEST 413.20 FEET TO THE TERMINUS OF THIS CENTERLINE, THE SIDE LINES OF THIS 15.00 FOOT WIDE STRIP SHALL BE LENGTHENE SHORTENED TO INTERSECT THE AFOREMENTIONED NORTHEASTERLY RIGHT OF WAY MARGIN OF SOUTH 184" PLACE. OR