HomeMy WebLinkAbout2014 - Sidewalk and Street Light Easement - MRFH LLC - 20141125000602 Return to: 1011111111111111111
City Clerk 20141125000602
City of Tukwila CITY OF TUKWIL EAS
PAGE-001 OF 008
6200 Southcenter Boulevard 11/25/2014 11:10
KING COUNTY, WA
Tukwila, WA 98188
Above this line reserved for Recorder's use
SIDEWALK AND STREET LIGHT EASEMENT
Grantor: MRFH, LLC, a Washington State limited liability company
Grantee: CITY OF TUKWILA, a municipal corporation of King County,
Washington.
Document Reference Number(s):
Section/Township/Range: NE1/4 of the NE1/4, Sec. 26, T.23N., R.4E., WM
Assessor's Tax Parcel Number(s): 022310-0031 / 022310-0032 / 1022310-0034
Full Legal Description: See Exhibit 'A' attached hereto and incorporated herein
by this reference
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.
Page 1 of 8 EXCISE TAX NOT REQUIRED
King Co my Record Div' ion
BY: DePuty
2. Grant of Easement.
A. For and in consideration of TEN DOLLARS ($10.00), and other valuable
consideration, the receipt of which is hereby acknowledged, MRFH, LLC
("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 as depicted in Exhibit `C', which are attached 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:
Construction, maintenance, and.use by the Public of Public Sidewalk,
Street Trees, Fire Hydrant, and Street Light in the Easement Area.
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.
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
Page 2 of 8
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. 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:
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City Clerk MRFH, LLC
City of Tukwila 2305 Hughes Ave. SW
6200 Southcenter Boulevard Seattle, WA 98166
Tukwila, WA 98188
_ ii, IV( / `° /7 l
Property Ow er/ Grantor bat:
STATE OF WASHINGTON )
)ss.
COUNTY OF KING )
I certify I have know or have satisfactory evidence that
i
;a4 J '/ )/ is the
person(s) who appeared before me, and said person(s) acknowledged that he
signed this instrument on oath stated that he was authorized to execute the
instrument and acknowledge as the
°// /2 r/ of
MRFH, LLC, a limited liability company, to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
Dated ' / --/7-20 1 `7
NAN *t'
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`" Q.4olswN fl'p49.•e,,ice ��d / 6.%-�i,-ic''/ '
4 it E''• • Notary Public in and for the State of Washington
NOTARY z = residing at 2�sf'6,/.4.,,:� n,,4-�w �Cf`,�.�/
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%��''•. �1.•'C?Y`m My appointment expires /l 0i-�91 7
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Page 4 of 8
a
DATED this D }day of J&R e,,.6 4.e- , 2014.
GRANTEE: CITY OF TU WILA
Q
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Mayor /ie
Attest A uthenticated:
s j �� �- %=
City Clerk Approved As To Form b
Y pp by
City Attorney
STATE OF WASHINGTON )
ss.
County of King
On this day of Alai/ b.er , 2014, before me, the
undersigned, a otary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared Jim Haggerton, 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.
Ci,k`' j ``F L h 6--"e �
print name
iiN►gp,
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p.i
3,•� �N >,,�� Notary Public in and for the State of Washington
egtU .��& residing at f &i d
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3. Page 5 of 8
°EXHIBIT 'A'
LEGAL DESCRIPTION OF
OWNER'S / GRANTOR'S PROPERTY
PARCEL A
THE WEST 172 FEET OF THE SOUTH 190 FEET OF TRACT 3, ANDOVER
INDUSTRIAL PARK, NO. 2, ACCORDING TO PLAT THEREOF RECORDED IN
VOLUME 71 OF PLATS, PAGE 68, RECORDS OF KING COUNTY AUDITOR;
PARCEL B
THE EAST 78 FEET OF THE WEST 250 FEET OF THE SOUTH 190 FEET OF
TRACT 3, ANDOVER INDUSTRIAL PARK, NO. 2, ACCORDING TO PLAT
THEREOF RECORDED IN VOLUME 71 OF PLATS, PAGE 68, RECORDS OF
KING COUNTY AUDITOR;
PARCEL C
THE NORTH 24 FEET OF THE SOUTH 214 FEET OF THE WEST 250 FEET OF
TRACT 3, ANDOVER INDUSTRIAL PARK, NO. 2, ACCORDING TO PLAT
THEREOF RECORDING IN VOLUME 71 OF PLATS, PAGE 68, RECORDS OF
KING COUNTY AUDITOR;
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF
WASHINGTON.
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EXHIBIT 'B'
LEGAL DESCRIPTION OF
SIDEWALK & STREET LIGHT EASEMENT
The South 12 feet of the following described legal parcels;
PARCEL B
THE EAST 78 FEET OF THE WEST 250 FEET OF THE SOUTH 190 FEET OF
TRACT 3, ANDOVER INDUSTRIAL PARK, NO. 2, ACCORDING TO PLAT
THEREOF RECORDED IN VOLUME 71 OF PLATS, PAGE 68, RECORDS OF
KING COUNTY AUDITOR;
PARCEL C
THE NORTH 24 FEET OF THE SOUTH 214 FEET OF THE WEST 250 FEET OF
TRACT 3, ANDOVER INDUSTRIAL PARK, NO. 2, ACCORDING TO PLAT
THEREOF RECORDED IN VOLUME 71 OF PLATS, PAGE 68, RECORDS OF
KING COUNTY AUDITOR;
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF
WASHINGTON.
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EXHIBIT `C'
DEPICTION OF SIDEWALK
& STREET LIGHT EASEMENT
402 BAKER
BLVD.
NTS RELOCATED FIRE HYDRANT STREET LIGHT
STREET TREE
NEW FIRE HYDRANT &
STREET TREE (TYP.) SIDEWALK EASEMENT
(6 EACH )
Y ,f r It �_ J1
—i 'I l-" .Tom,. �__ ,.�L7�lr R�e.�a...__� _ - _ _�_ _ _ _ IL.�.....__'__� -1...__:., r.:1 _10.7 7' '•('ELL7'.27.:11:!&"
1.iL_-,: :J. _- „,;7_,±.,7-11- J7
NEW NEW
STREET LIGHT � o a 15' WIDE SIDEWALK
0 0 0
o o 0
i; BAKER BOULEVARD +
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