HomeMy WebLinkAbout2015 - River Protection Easement - City of Tukwila / King County Flood Control Zone District - 20150203000455 WHEN RECORDED RETURN TO: CONFORMED COPY
King County Flood Control Zone District
Real Estate Services Section 201502®3000455
201 South Jackson, Suite 600
Seattle Washington 98104-3855 KC FLOOD DISTR EAS 76.00
i PAGE-001 OF 005
Attn: PYOye.Y'_{g Se-WLC-e,S 02/03/2015 10:19
GRANTOR(S): City of Tukwila, a Washington municipal corporation
GRANTEE(S): King County Flood Control Zone District, a quasi-municipal corporation
of the State of Washington
ABBREVIATED LEGAL DESCRIPTION: Portions of SW 1/4 of NW 1/4 S.T.R. 36-23-4E
Additional legal description is on Exhibit "A" of document.
ASSESSOR'S TAX PARCEL NUMBER(S): adjacent to T.L. 788890-0170
PROJECT NAME: Briscoe-Desimone Levee Improvements
RIVER PROTECTION EASEMENT
For valuable consideration, receipt of which is hereby acknowledged, the GRANTOR(S), City
of Tukwila, a Washington municipal corporation with jurisdiction of that certain parcel of
land (the "Property") pursuant to RCW 47.24, legally described as follows:
Westerly half of West Valley Highway (aka SR 181) right-of-way, between S. 180th
St. and S. 188th St., in the city of Tukwila, WA.
hereby grant(s) to the King County Flood Control Zone District, a quasi-municipal
corporation of the State of Washington, its successors and assigns, agents and licensees
(GRANTEE), a perpetual nonexclusive easement for the purposes of accessing and
constructing, inspecting, monitoring, reconstructing, maintaining, repairing, modifying, and
removing river bank protection and/or other flood related works, including installing,
inspecting, maintaining and removing all vegetation and any other appurtenances thereto
across, in, under, on, over and upon the following portions of the above described Property:
SEE EXHIBIT "A ATTACHED ("Easement Area")
Together with reasonable ingress and egress upon the Property to access the Easement
Area.
River Protection Easement - Page 1 of 3
Grantee shall have the right at such time as may be necessary to enter upon the Property
and to have unimpeded access to, in and through the Easement Area for the purposes of
exercising the Grantee's rights as described herein. If Grantee's access to or work within
the Easement Area will require access to the traveled way or shoulders of West Valley
Highway (SR 181), Grantee must notify Grantor in advance of such access or work and
must comply with any of Grantor's reasonable requirements relating to any work within the
traveled way, shoulders, or ingress or egress to work areas. This may include a Grantor
approved traffic control plan and/or work hour restrictions.
Except for improvements approved by Grantee prior to execution of this Easement, Grantee
agrees not to construct any improvements within the Easement Area that will interfere with
the normal operation or maintenance of the West Valley Highway (SR 181), without prior
approval of the Grantor.
Grantor agrees not to plant non-native vegetation within the Easement Area and not to
remove or otherwise alter any improvements installed by Grantee, including any native
vegetation that may be planted and any flood protection works that may be constructed,
within the Easement Area, without the prior approval of Grantee. After at least forty-eight
(48) hours notice to but without prior approval of Grantee, Grantor reserves the right to
remove any vegetation that poses a danger to the West Valley Highway (SR 181) or remove
any vegetation required to comply with State or Federal directives. Grantor reserves the
right to immediately remove any vegetation or hazardous trees that pose an imminent
danger to the public or to the West Valley Highway (SR 181). Grantor further agrees not to
use herbicides within the Easement Area without the prior approval of Grantee. Nothing
contained herein shall be construed as granting any license, permit or right, otherwise
required by law, to Grantor with respect to the Property and the Easement Area.
For the purposes of this river protection easement, the term "native vegetation" shall mean
vegetation comprised of plant species, other than noxious weeds (as identified on the State
of Washington noxious weed list found at Washington Administrative Code Chapter 16-750,
as amended from time to time), which are indigenous to the coastal region of the Pacific
Northwest and which reasonably could have been expected to naturally occur at the site.
Neither Grantor nor Grantee is hereby obligated to future maintenance, repair or other
action related to the above-described exercise of easement rights. This river protection
easement and/or any flood related works constructed or to be constructed within the
Easement Area shall not be construed as granting any rights to any third person or entity,
or as a guarantee of any protection from flooding or flood damage, and nothing contained
herein shall be construed as waiving any immunity to liability granted to Grantee and
Grantor by any state statute, including Chapter 86.12 of the Revised Code of Washington,
or as otherwise granted or provided for by law.
The rights, conditions, and provisions of this easement shall inure to the benefit of and be
binding upon the heirs, executors, administrators, and successors in interest and assigns of
Grantor and Grantee.
GRANTOR:
River Protection Easement - Page 2 of 3
i
III.4) S W" ,/-4174-4------
City of )iia
By: Ji •erton
Its: ■ avor
Dated: / e -1--c
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that 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: / - "i.
-Notary Seal Must Appear Within This Box-
INXITJXF S WHEREOF, I have hereunto set my hand and official seal
the deSnci,yer4t above written.
. Z. .3 4 .c .s .. i r
V/ �` ,' NOTARY PUBLI , in and for thy' " ate p
y : k ` : of Washington, residing at ! t<i
cno's 41, �ci My appointment expires j
9-
-
River Protection Easement - Page 3 of 3
EXHIBIT A
RIVER PROTECTION EASEMENT
IN CITY OF TUKWILA
THAT PORTION OF LAND LYING WITHIN THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M,
KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING FROM HIGHWAY ENGINEERS STATION (HES) 12+61.02 AS SHOWN ON
SR 181, SOUTH CORPORATE LIMITS OF TUKWILA TO FOSTER INTERCHANGE,
WASHINGTON STATE HIGHWAY ENGINEER PLANS, SHEET 3 OF 8, BEING THE
BEGINNING OF A 700.00 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT, FROM WHICH
THE CENTER OF SAID CURVE BEARS N38°17'27"W; THENCE NORTHEASTERLY, ALONG
SAID CURVE, THROUGH A CENTRAL ANGLE OF 01°04'30", AN ARC DISTANCE OF 13.13
FEET TO A POINT ON A 377.17 FOOT RADIUS, NON-TANGENT CIRCULAR CURVE TO
THE RIGHT, FROM WHICH THE CENTER OF SAID CURVE BEARS N24°51'10"W, SAID
POINT ALSO BEING HES 12+47.89 AND THE POINT OF BEGINNING; THENCE
SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 19°54'57",
AN ARC DISTANCE OF 131.10 FEET TO A POINT ON A 603.14 FOOT RADIUS, NON-
TANGENT CIRCULAR CURVE TO THE RIGHT, FROM WHICH THE CENTER OF SAID
CURVE BEARS S42°22'10"E, SAID CURVE BEING THE EASTERLY LINE OF LOT 17,
SOUTHCENTER SOUTH INDUSTRIAL PARK, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 97 OF PLATS, PAGES 22 THROUGH 25, IN KING COUNTY,
WASHINGTON; THENCE NORTHEASTERLY, ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 03°59'43", AN ARC DISTANCE OF 42.06 FEET; THENCE N51°37'33"E
131.40 FEET TO A POINT OF TANGENCY WITH A 543.14 FOOT RADIUS, CIRCULAR
CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 04°56'00", AN ARC DISTANCE
OF 46.77 FEET; THENCE LEAVING SAID EASTERLY LINE OF LOT 17, S48°17'07"E 45.79
FEET TO A POINT ON A 700.00 FOOT RADIUS, NON-TANGENT CIRCULAR CURVE TO
THE RIGHT, FROM WHICH THE CENTER OF SAID CURVE BEARS N48°17'07"W, SAID
POINT BEING HES 11+38.92; THENCE SOUTHWESTERLY, ALONG SAID CURVE,
THROUGH A CENTRAL ANGLE OF 08°55'10", AN ARC DISTANCE OF 108.97 FEET TO THE
POINT OF BEGINNING.
CONTAINING 9,012 SQUARE FEET, MORE OR LESS.
474 teirj.�••_ 46319 •�
• LAW
� � 8 -- c /5
N
LOT 14
\\ \1-00 \\ ORILLIA GARDEN TRACTS
\ \TAX LOT - 6407600130
\� �0 4/
" ti
\ (9 '555. 5
1k
\
\ 01' \
\ bc23\'14 \(\
\S b5 � ` s
oss. � � \ .
w � \
J *.-�\6'00" s� RD=54'453.14' o
Z o \
L=46.77' o_oo. \
13 T=23.40'
12k Ore
\ 6\.
Z D=1'04'30" , �,1Zk
cam. R_700.00' ,'` QQ95� \
c� L=13.13' M \
��'. T=6.57'
SCALE: 1"=40' \ o
�
1 II1 u
QC 0\1$
cn 1-5k
moo, o crl
_ J
RIVER PROTECTION 2
\EASEMENT — 1\3
AREA=9,012 S.F. `"- •
D=3'59'43" �►
R=603.14' 61 \
' k�
IMPORTANT: THIS IS NOT A T=21.04' \ OQ g 51
SURVEY. IT IS FURNISHED AS 1
A CONVENIENCE TO LOCATE • 1 \
THE LAND INDICATED HEREON LOT 17,
WITH REFERENCE TO STREETS SOUTHCENTER SOUTH \
AND OTHER LAND. NO INDUSTRIAL PARK \
LIABILITY IS ASSUMED BY \
REASON OF RELIANCE HEREON TAX LOT - 7888900170
WHEN RECORDED RETURN TO: CONFORMED CC, ?
King County Flood Control Zone District
Real Estate Services Section 20150203000456
201 South Jackson, Suite 600 76.00
KC FLJOD DISTR EAS
Seattle Washington 98104-3855 PAGE-001 of 005
Attn: phi 5r-AA 02/x,3/2015 10:19%
GRANTOR(S): City of Kent, a Washington municipal corporation
GRANTEE(S): King County Flood Control Zone District, a quasi-municipal corporation
of the State of Washington
ABBREVIATED LEGAL DESCRIPTION: Portions of SW 1/4 of NW 1/4 S.T.R. 36-23-4E
Additional legal description is on Exhibit "A" of document.
• ASSESSOR'S TAX PARCEL NUMBER(S): adjacent to T.L. 640760-0130
PROJECT NAME: Briscoe-Desimone Levee Improvements
RIVER PROTECTION EASEMENT
For valuable consideration, receipt of which is hereby acknowledged, the GRANTOR(S), City
of Kent, a Washington municipal corporation with jurisdiction of that certain parcel of land
(the "Property") pursuant to RCW 47.24, legally described as follows:
Easterly half of West Valley Highway (aka SR 181) right-of-way, between S. 180th St.
and S. 188th St., in the city of Kent, WA.
hereby grant(s) to the King County Flood Control Zone District, a quasi-municipal
corporation of the State of Washington, its successors and assigns, agents and licensees
(GRANTEE), a perpetual easement for the purposes of accessing and constructing,
inspecting, monitoring, reconstructing, maintaining, repairing, modifying, and removing
river bank protection and/or other flood related works, including installing, inspecting,
maintaining and removing all vegetation and any other appurtenances thereto across, in,
under, on, over and upon the following portions of the above described Property:
SEE EXHIBIT "A" ATTACHED ("Easement Area")
Together with reasonable ingress and egress upon the Property to access the Easement
Area.
River Protection Easement - Page 1 of 3
Grantee shall have the right at such time as may be necessary and at the Grantee's sole
discretion, to enter upon the Property and to have unimpeded access to, in and through the
Easement Area for the purposes of exercising the Grantee's rights as described herein.
Grantor agrees not to plant non-native vegetation within the Easement Area and not to
remove or otherwise alter any improvements installed by Grantee, including any native
vegetation that may be planted and any flood protection works that may be constructed,
within the Easement Area, without the prior approval of Grantee. Grantor further agrees not
to use herbicides within the Easement Area without the prior approval of Grantee. Nothing
contained herein shall be construed as granting any license, permit or right, otherwise
required by law, to Grantor with respect to the Property and the Easement Area.
For the purposes of this river protection easement, the term "native vegetation" shall mean
vegetation comprised of plant species, other than noxious weeds (as identified on the State
of Washington noxious weed list found at Washington Administrative Code Chapter 16-750,
as amended from time to time), which are indigenous to the coastal region of the Pacific
Northwest and which reasonably could have been expected to naturally occur at the site.
Neither Grantor nor Grantee is hereby obligated to future maintenance, repair or other
action related to the above-described exercise of easement rights. This river protection
easement and/or any flood related works constructed or to be constructed within the
Easement Area shall not be construed as granting any rights to any third person or entity,
or as a guarantee of any protection from flooding or flood damage, and nothing contained
herein shall be construed as waiving any immunity to liability granted to Grantee by any
state statute, including Chapter 86.12 of the Revised Code of Washington, or as otherwise
granted or provided for by law.
The rights, conditions, and provisions of this easement shall inure to the benefit of and be
binding upon the heirs, executors, administrators, and successors in interest and assigns of
Grantor and Grantee.
G' •NTOR
i of -nt
By• Suzz to Cooke
ts: Mayor
Dated: / ,`� /J
(Notary Acknowledgment Appears on Next Page)
River Protection Easement - Page 2 of 3
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify.that I know or have satisfactory evidence that Suzette Cooke is the person
who appeared before me, and said person acknowledged that she signed this instrument, on
oath stated that she was authorized to execute the instrument and acknowledged it as the
Mayor of the City of Kent to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dated: d/1/°/ 5
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
the day and year first above written,
BRe' '/�// NOTA' PUBLIC, in and for ate
'V %%%%%%%%%%%%%%%%%%% /
N' .`,�q%ON � //, of Washington, residing at zGi�/
E.off+ + A My appointment expires 7-457--/.6
rN�i AvQ1.�Gx •'-
0 i8`t:Selz.
∎�•
��``,WAS H.
•
River Protection Easement - Page 3 of 3
EXHIBIT A
RIVER PROTECTION EASEMENT
IN CITY OF KENT
THAT PORTION OF LAND LYING WITHIN THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M,
KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING FROM HIGHWAY ENGINEERS STATION (HES) 12+61.02 AS SHOWN ON
SR 181, SOUTH CORPORATE LIMITS OF TUKWILA TO FOSTER INTERCHANGE,
WASHINGTON STATE HIGHWAY ENGINEER PLANS, SHEET 3 OF 8, BEING THE
BEGINNING OF A 700.00 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT, FROM WHICH
THE CENTER OF SAID CURVE BEARS N38°17'27"W; THENCE NORTHEASTERLY, ALONG
SAID CURVE, THROUGH A CENTRAL ANGLE OF 01°04'30", AN ARC DISTANCE OF 13.13
FEET TO HES 12+47.89 AND THE POINT OF BEGINNING; THENCE CONTINUING ALONG
SAID CURVE, THROUGH A CENTRAL ANGLE OF 08°55'10", AN ARC DISTANCE OF 108.97
FEET TO HES 11+38.92; THENCE S48°17'07"E 20.36 FEET TO A POINT ON A 377.17 FOOT
RADIUS, NON-TANGENT CIRCULAR CURVE TO THE RIGHT, FROM WHICH THE CENTER
OF SAID CURVE BEARS S41°58'29"E; THENCE SOUTHWESTERLY, ALONG SAID CURVE,
THROUGH A CENTRAL ANGLE OF 17°07'19", AN ARC DISTANCE OF 112.71 FEET TO THE
POINT OF BEGINNING.
CONTAINING 1,266 SQUARE FEET, MORE OR LESS.
g LEES
,47 . ytti
•
•
N \� \ LOT 14
\ ORILLIA GARDEN TRACTS
\ C'i \ TAX LOT - 6407600130
\ Ci/\�,L \
\ OA \ S 4817'07" E
\\ �'\� �� i 20.36'
G \ti, \
\ 9ti a \
\ \\x�g�� o \' \\
133
0 \ CP °° Cp \
\ .1y \
'5'096_
\ -� \ Po�� ag \
� \ 1 '\2k 6.\ 02
\ D=1'04'30" ��
\ R=700.00' AY V"? 9 5V \
\ L=13.13'' \
\T=6.57'
S 51'42'33" W i ?C',\,0\\$
SCALE: 1 "=40' \4.76' 1 I
\
•
\ 1
RIVER PROTECTION \
EASEMENT - I
N AREA=1 ,266 S.F. \
\ ' \LOT 17,
IMPORTANT: THIS IS NOT A SOUTHCENTER SOUTH \ I SURVEY. IT IS FURNISHED AS i INDUSTRIAL PARK \
A CONVENIENCE TO LOCATE I \
THE LAND INDICATED HEREON TAX LOT - 7888900170
WITH REFERENCE TO STREETS \
AND OTHER LAND. NO \
LIABILITY IS ASSUMED BY
REASON OF RELIANCE HEREON
\