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HomeMy WebLinkAbout15-062 - King County Library System - Street Frontage Agreement • 15-062 Council Approval N/A AGREEMENT BY AND BETWEEN THE CITY OF TUKWILA AND THE KING COUNTY LIBRARY SYSTEM FOR PAYMENT IN LIEU OF CONSTRUCTING FRONTAGE IMPROVEMENTS This Agreement ("Agreement") is made and entered into thi ,&' day of March, 2015 by and between the CITY OF TUKWILA ("City"), a non-charter, optional code Washington municipal corporation, and the KING COUNTY RURAL LIBRARY DISTRICT, d/b/a the King County Library System, a Washington rural library district ("KCLS"). RECITALS WHEREAS, KCLS wishes to construct an approximately 10,000 square foot public library, together with other associated on-site private improvements, on proposed Parcel D of the City of Tukwila Lot Consolidation No. L13-021 ("Development"), as more particularly described in the legal description contained in Attachment A and as depicted on Attachment B; and WHEREAS, under Tukwila Municipal Code ("TMC") Section 11.12.030, this Development is required to install curbs and gutters, sidewalks and other frontage improvements in accordance with specifications and standards of the TMC and approved by the Public Works Department; and WHEREAS, all roadway design in the City shall meet the design guidelines and requirements in the Transportation Element of the Comprehensive Land Use Plan, other applicable subarea plans, and the requirements of the TMC; and WHEREAS, the City has funded and will complete a street improvement project titled South 144th Street ("Project") that will construct the required frontage improvements, as well as other amenities in accordance with specifications and standards of the TMC and approved by the Public Works Department; and WHEREAS, under TMC Section 11.12.030(C) payment in lieu of improvements is an option that may be exercised by KCLS if approved by the Director of Public Works; and WHEREAS, the City and KCLS have agreed that street frontage improvements would be more efficiently constructed as part of the City's Project and KCLS has agreed to pay the City an amount equal to the cost of installing the required frontage improvements as specified in this Agreement; and WHEREAS, pursuant to TMC 11.12.030(C) KCLS and City hereby enter into this Agreement pursuant to the terms and conditions set forth herein; NOW THEREFORE, in consideration of the foregoing mutual promises and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: �C 046//1//44-5 AGREEMENT I Page 1 of 6 1. Improvements. The Director has determined that street frontage improvements required for the Development should be constructed as part of the City's Project. 2. Payment. KCLS has provided documentation satisfactory to the Director that establishes the cost of materials, labor and quantities in an amount equal to the property owner's cost of installing frontage improvements. KCLS shall pay the City a total amount of $125,707.00 in lieu of constructing frontage improvements in one payment, paid upon substantial completion of the City's Project, as determined by the City. After the payment has been received by the City, the City will prepare a letter of receipt for KCLS that identifies the total amount paid to the City on behalf of KCLS that was credited toward the installation of the City required frontage improvements constructed within the City owned right-of-way. 3. Amendment. This Agreement shall only be amended by a written agreement executed by both KCLS and the City. 4. Recording. The terms and conditions of this Agreement shall be covenants running with the land. KCLS authorizes this to be recorded in the office of the Recorder, King County, Washington. After receipt of the payment set forth in Section 2 above, the City shall record a termination of this Agreement in the office of the Recorder, King, County,Washington. 5. Enforcement. This Agreement may only be enforced by the parties hereto. No third party shall have standing to enforce the terms of this Agreement. This Agreement shall be governed by the laws of the State of Washington. 6. Waiver of Objection. KCLS, for itself and its successors and assigns hereby waives any objection that it may have to the payment. City and Library agree that's Library's payment of $125,707 to City as provided in Section 2 above shall constitute full and complete satisfaction of KLCS's obligation to construct or reimburse the City for the street frontage improvements in connection with the Development. 7. Severability. If any section, sentence, clause, provision or portion of this Agreement is declared unlawful or unconstitutional for any reason, the remainder of this Agreement shall continue in full force and effect. 8. Notice. All notices or communications provided for by this Agreement must be in writing, and may either be delivered personally, by certified mail, or by express delivery service, return receipt requested. Such notices shall be deemed delivered on the date of receipt, as evidenced by the return receipt or the equivalent, (e.g., date stamp of recipient). All notices or communications shall be given to the Parties at their addresses set forth below: Page 2 of 6 For the City of Tukwila: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 For the King County Library System: King County Library System Attn: Greg Smith 960 Newport Way NW Issaquah, WA 98027-2702 9. Entire Agreement. This Agreement contains the entire agreement between KCLS and the City regarding this subject matter. 10. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute but one original. ON BEHALF OF CITY OF TUKWILA, a Washington municipal corporation t By: ;:.i ; . Jim ._gerton// Its: Date: — ) -J Attest/Authenticated: Approved as to Form: ■ALPi ‘13)1 Christy O'Flaherty, City Clerk City Attorney ON BEHALF OF THE ING COUNTY LIBRARY RURAL LIBRARY DISTRICT d/b/a KING COUNTY LIBR Y SYSTEM By: Its: ry ►ft?eh:rt.-- Date: 3. 1 e . Zo 15 Page 3 of 6 STATE OF WASHINGTON ) )ss COUNTY OF N ) On f CNGk 3 3 , 2015, before me, the undersigned, a Notary Public, personally appeared JIM IIAGGERTON, personally known to me (or proved to me on the basis of satisfactory evidence) as the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity as MAYOR OF THE CITY OF TUKWILA, and that by his signature on the instrument the entity upon behalf of which he acted, executed the instrument. d "04p4. 11��� WITNESS my hand and official seal. (344,r,9 3 Gj �.avan��y� ...s tnA� 'O&at.%o 1,: 7 Print Name: C, L ) c�,� Q•FLa Witty t• 1/4• -„„, � � N ......... NOTARY PUBLIC in and-for the State �n WAI Washington, residing at —CC 01) F N� r �� My commission expires: STATE OF WASHINGTON ) )ss COUNTY OF KING ) On 14? 2015, before me, the undersigned, a Notary Public, personally appeared 4•rt- S /Al personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledge to me that he executed the same in his authorized capacity, as L'' � .� , .cra004,f the KING COUNTY RURAL LIBRARY DISTRICT d/b/a KING COUNTY RURAL LIBRARY SYSTEM, and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. WITNESS my hand and official seal. ,t I I I I I,1 `" `' , �•, . .`��P tz T• ¢4 NOTARY m .. W• Print Name: 1 4L PUBLIC - NOTARY PUBLIC in and for the State of ■ 4••4141'27.' -e Washington, residing at L�nrrc ce re,# ,WASOT4 to• My commission expires:_iguvk.Q z 7,a/7 Page 4 of 6 ATTACHMENT A LEGAL DESCRIPTION That portion of Southeast quarter of the Southwest quarter of Section 15, Township 23 North, Range 4 East, Willamette Meridian, more particularly described as follows: COMMENCING at the Southeast corner of said Southwest quarter; THENCE North 87°35'31" West, 586.32 feet along the South line of said Southwest quarter; THENCE at right angles, North 02°24'29" East, 44.25 feet to the North margin of South 144th Street and the TRUE POINT OF BEGINNING; THENCE North 87°35'35" West, 125.26 feet to the East margin of Tukwila International Boulevard; THENCE North 20°06'52" East, 184.93 feet along said East margin to a point of tangency; THENCE Northerly along said East margin, along the arc of a curve to the left, having a radius of 1,960.00 feet, through a central angle of 00°13'35", and an arc length of 7.74 feet; THENCE South 70°32'36" East, 119.35 feet to a point which bears North 20°06'52" East from the TRUE POINT OF BEGINNING; THENCE South 20°06'52" West, 155.94 feet to the TRUE POINT OF BEGINNING. (Also known as Parcel D, City of Tukwila Lot Consolidation No. L13-021, recorded under King County Recording No. 20150428900001 .) Page 5 of 6 ATTACHMENT B DEPICTION +ETC tr"-t I[R :NC i 1.14 :ANEW/WDERGROJN 0 '£L UAL AHEAD ANDERytOLIN3 Pw* INE I s,��,t35' DER UNE �r 1441316* "411.4 � t)1'31D'R R∎4916.00. 'Qty i L.. 424/071" tadfibroj 4 4.4` PARCEL D tr./ PARCEL C ' traft f 584.4491 14;,70• MstZ S4i t 15S'h S. 144TH 8TREE "_ too T9755'3t� 1e71Y — — —"�'— — sfAl SEE SHEET 6 Page 6 of 6 FILED FOR RECORD AT REQUEST OF AFTER RECORDING RETURN TO: City of Tukwila Department of Public Works 6200 Southcenter Boulevard, Suite 100 Tukwila, WA 98188 -2544 Grantor: Grantee: Legal: Tax Parcel 1D # 20151209001191 STEWART TITLE WD 76.00 PAGE -001 OF 004 12/09/2015 15:08 KING COUNTY, WA E2770620 12/09/2015 15:05 KING COUNTY, COUNTY, WA $10.00 SALE $0.00 COURTESY RECORDING ONLY NO LIABILITY FOR VALIDITY AND /OR ACCURACY ASSUMED BY STEWART TITLE King County Library System, a municipal corporation City of Tukwila, a municipal corporation of King County, Washington. Por of SE Qtr of SW Qtr of Sec 15, Twp 23S, R4E. 152304- 9013 -08. STATUTORY WARRANTY DEED Y PAGE -001 OF 001 The Grantor(s), KING COUNTY LIBRARY SYSTEM, a municipal Corporation for and in consideration of the sum of TEN AND NO /100 ($10.00) Dollars, and other valuable consideration, hereby convey(s) and warrant(s) to the CITY OF TUKWILA, a municipal corporation of the State of Washington, the following described real property situated in King County, in the State of Washington, under the imminent threat of the Grantee's exercise of its rights of Eminent Domain: (SEE EXHIBIT A AND B, ATTACHED HEREWITH) Subject to Easements, reservations, restrictions, covenants, encumbrances and conditions of record. In Witness hereof we set our hands and seals, DATED this ,43 day of ()Chef , 2015. GRANTOR King County Libra ystem, a municipal corporation Gary Wasdtn, Director 496833.2/014455.00001 STATE OF WASHINGTON : SS COUNTY OF KING On the / 3 day of eflerra=8'e' , 20 43 before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Gary Wasdin to me known to be the Director of the King County Library System, a 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. 496833.2/014455.00001 NOTARY PUBLIC in and for the State of Washington. Residing at 2.1.StAt L_ - -- t-14- My Appointment expires: 1 • • / EXHIBIT A PARCEL NO. 152304 -9013 RIGHT OF WAY ACQUISITION THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL ",4" LYING SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE; BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL "A", SAID CORNER ALSO BEING ON THE NORTH MARGIN OF SOUTH 144TH STREET; THENCE SOUTH 87° 35' 01" EAST ALONG SAID MARGIN, 187.07 FEET TO THE TRUE POINT OF BEGINNING; THENCE EASTERLY, NORTHEASTERLY, AND NORTHERLY ON A CURVE TO THE LEFT, WHOSE CENTER BEARS NORTH 02° 24' 59" EAST, 25.00 FEET, AN ARC DISTANCE OF 39.69 FEET TO THE WEST MARGIN OF 42ND AVENUE SOUTH AND TERMINUS OF SAID LINE DESCRIPTION. CONTAINING 114 SQUARE FEET, MORE OR LESS. PARCEL "A": (PER STEWART TITLE COMPANY ORDER NO. 01148- 42382, DATED APRIL 9, 2015) THAT PORTION OF THE SOUTH 294.50 FEET OF THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 4 EAST, W. M., IN KING COUNTY, WASHINGTON, LYING EASTERLY OF THE PLAT OF CHERRY LANE, RECORDED IN VOLUME 48 OF PLATS, PAGE 21, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE NORTH 65 FEET OF THE EAST 120 FEET THEREOF; AND EXCEPT THE EAST 30 FEET AND THE SOUTH 20 FEET FOR ROADS; AND EXCEPT THAT PORTION OF THE REMAINDER DEEDED TO KING COUNTY FOR ROAD PURPOSES BY RECORDING NUMBERS 7503240296 AND 7910010716. 5^ %$-- %S 1 52304 - 90 1 3 -ROW DOCX Page 1 of 1 TACOMA • SEA! ILE in tel SW 1/4, SEC. 15, T. 23 N., R. 4 E., W.M. TAX LOT NUMBER 155420 -0033 152304 -9208 PROPERTY LINE TAX LOT NUMBER TAX LOT NUMBER 155420 -0035 TAX LOT NUMBER - 155420 -0034 0 N.T.S. DATE: MAY 15, 2015 TAX LOT NUMBER 152304 -9013 587'35'01 "E RIGHT OF WAY AREA = 114 S.F.± R= 25.00' L =39..69': 187.07' TPOB 20.17' EXISTING RIGHT OF WAY EXISTING RIGHT OF WAY c�. Q 0 cD E2 0 (I) N w LtJ 1< VARIES 1t CV S 00'2210" W 10.00' S 144TH ST FILE: 152304- 9013- KCLS.DWG 753 91h Ave N 2502 Jefferson Ave Seethe, WA 99109 Tacoma, WA 98402 (206)285-1840 (253)827-0720 ww tIgsg.mm EXHIBIT B PARCEL 152304 -9013 RIGHT OF WAY ACQUISITION f Return to: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 111 1111111111111111111111 11111 20151209001193 STEWART TITLE EAS 79.00 PAGE -001 OF 007 12/09/2015 15:08 KING COUNTY, WA COURTESY RECORDING ONLY NO LIABILITY FOR VALIDITY AND /OR ACCURACY ASSUMED BY STEWART TITLE Above this line reserved for Recorder's use RIGHT OF WAY IMPROVEMENT EASEMENT Grantor: King County Library System, a municipal corporation. Grantee: CITY OF TUKWILA, a municipal corporation of King County, Washington. Document Reference Number(s): N/A Section/Township /Range: Sec 15, Twp 23S, R4E. Assessor's Tax Parcel Number(s): 152304 - 9013 -08. Abbreviated Legal Description: Por of SE Qtr of SW Qtr of Sec 15, Twp 23S, R4E. 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. B. This instrument sets forth the terms and conditions under which the Grantor grants the Grantee an easement. 2. Grant of Easement. For and in consideration of TEN DOLLARS ($10.00), and other good and valuable consideration, the receipt of which is hereby acknowledged, King County Library System, a municipal corporation ( "Grantor ") grants, conveys, and warrants to the CITY OF TUKWILA, a municipal corporation of King County Washington ( "Grantee "), under the imminent threat of the Grantee's exercise of its rights of Eminent Domain, for the purposes hereinafter set forth, a perpetual easement under, across, and over Owner's /Grantor's Parcel, a legal description of said easement being attached hereto as Exhibit 'A' and as depicted in Exhibit 'B', 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 Owner's /Grantor's Parcel in perpetuity for the purpose or purposes of: Constructing, reconstructing, installing, repairing, replacing, operating and maintaining public right -of -way and utility improvements, including but not limited to street improvements, sidewalks, rockeries and retaining walls, street lighting systems, transit facilities, safety rails, utility pipes, conduits, appurtenances, etc., and other related roadway and transportation amenities and utility improvements, together with the right to keep said Easement Area free of obstructions, along with the right of public access and 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 (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; or (iv) Block or otherwise obstruct the Easement Area. (d) 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. (e) 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 street, sidewalk 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. 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 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 Owner's /Grantor's Parcel, 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: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 King County Library System, a municipal corporation 4060 S 144th St. Tukwila, WA 98168 In Witness hereof we set our hands and seals, DATED this day of NOV 0-1.4 b '1 , 2015. GRANTOR King County Library System, a municipal corporation Gary Wasdir , Direct GRANTEE CITY OF T. KWILA Jim Hags - on, Mayor Attest/Authenticated by: City Clerk — A pproved As To Form by City Attorney STATE OF WASHINGTON : SS COUNTY OF KING On the 1.3 day ofcfe��r ?�_ , 20/-4, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Gary Wasdin to me known to be the Director of the King County Library System. a 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. ```,0 ►►1111/,/// `.., MARIA g� ,ii • T . O� MfNT4..0 < <'i ¢ : 4 NOTARY .n : PUBLIC • "e 9 ' .`gRY'21 •• & ■ STATE OF WASHINGTON COUNTY OF KING NOTARY PUBLIC in and for the State of Washington. Residing at Lam- ,,',trL t_sayek My Appointment expires: •/' Z-7 • / J' . : ss. On this day of 60 -041 1210-1, 20 Lc', before me, the undersigned, a Notary 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. Notary Residing at: ublic in an for the State of Washing My appointment expires: EXHIBIT A PARCEL NO. 152304 -9013 SIDEWALK EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A" DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL "A", SAID CORNER ALSO BEING ON THE NORTH MARGIN OF SOUTH 144TH STREET; THENCE SOUTH 87° 35' 01" EAST ALONG SAID MARGIN, 18707 FEET; THENCE EASTERLY ON A CURVE TO THE LEFT, WHOSE CENTER BEARS NORTH 02° 24' 59" EAST, 25.00 FEET, AN ARC DISTANCE OF 7.09 FEET TO A LINE THAT IS 31.00 FEET NORTHERLY OF AND PARALLEL WITH THE CENTERLINE OF SAID SOUTH 144TH STREET; THENCE NORTH 87° 35' 01" WEST ALONG SAID PARALLEL LINE, 194,09 FEET TO THE WEST LINE OF SAID PARCEL "A " ;; THENCE SOUTH 01° 28' 02" WEST ALONG SAID WEST MARGIN, 1.00 FOOT TO THE POINT OF BEGINNING. CONTAINING 192 SQUARE FEET, MORE OR LESS. PARCEL 'A':: (PER STEWART TITLE COMPANY ORDER NO. 01148-42382, DATED APRIL 9, 2015) THAT PORTION OF THE SOUTH 294.50 FEET OF THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 4 EAST, W. M., IN KING COUNTY, WASHINGTON, LYING EASTERLY OF THE PLAT OF CHERRY LANE, RECORDED IN VOLUME 48 OF PLATS, PAGE 21, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE NORTH 65 FEET OF THE EAST 120 FEET THEREOF; AND EXCEPT THE EAST 30 FEET AND THE SOUTH 20 FEET FOR ROADS; AND EXCEPT THAT PORTION OF THE REMAINDER DEEDED TO KING COUNTY FOR ROAD PURPOSES BY RECORDING NUMBERS 7503240296 AND 7910010716. 152304 -9013 - WALK.DOCX Page 1 of 1 TACOMA SEATTLE SW 1/4, SEC. 15, T. 23 N., R. 4 E., W.M. TAX LOT NUMBER 155420 -0033 152304 -9208 PROPERTY LINE TAX LOT NUMBER TAX LOT NUMBER 155420 -0035 1.00' TAX LOT NUMBER - 155420 -0034 TAX LOT NUMBER 152304 -9013 WALK EASEMENT o AREA = 192 S.F.± M ROW ACQUISIT10N o POB 187.07' M g p O S 87'35'01" E EXISTING RIGHT OF WAY N.T.S. DATE: MAY 15, 2015 EXISTING RIGHT OF WAY VARIES a_ O N S 144TH ST R= 25.00' L =7.09' FILE: 152304- 9013 -KCLS. DWG 7539th Ave N Seattle, WA 98109 (206)2861640 wetrappom Jefferson Ave Tacoma, WA 96402 (253)627-0720 EXHIBIT B PARCEL 152304 -9013 SIDEWALK EASEMENT RETURN ADDRESS 111 11 111 ill 1111 111 11 ill 20151209001192 STEWART TITLE AG 75.00 PAGE -001 OF 003 12/09/2015 15:08 KING COUNTY, UA 11 City Clerk City of Tukwila 6200 Southcenter Blvd COURTESY RECORDING ONLY Tukwila, WA 98188 NO LIABILITY FOR VALIDITY AND /OR ACCURACY ASSUMED BY STEWART TITLE Document Title(s): Agreement to Reconstruct Driveway P( JC Re erence Number(s) of related documents: Grantor(s) (Last, First and Middle Initial) King County Library System Grantee(s) (Last, First and Middle Initial) City of Tukwila <. Additional reference #s on page Additional grantors #s on page Additional grantees #s on page Legal Description (abbreviated form: i.e. lot, block, plat or section, township, range quarter /quarter) Portion of SE 1/4 of SW 1/4, Sec 15, Twp 23s, R4E Additional legal is on page Assessor's Property Tax Parcel /Account Number: 152304 - 9013 -08 The Auditor /Recorder will rely on the information provided on this fonn. The staff will not read the document to verify the accuracy of completeness of the indexing information provided herein. AGREEMENT TO RECONSTRUCT DRIVEWAY THIS AGREEMENT made this / 3 day of (,/ c-45 be-r- 2015 between King County Library System, a municipal corporation, hereinafter called the Grantor, and the CITY OF TUKWILA, a municipal corporation of the State of Washington, hereinafter called Grantee: WHEREAS, the Grantee is about to perform certain improvement work on that portion of the above parcel lying within the following described area and as shown on the right -of -way plans for the South 144th Street Improvement project: LEGAL DESCRIPTION That portion of the South 294.50 feet of that portion of the Southeast Quarter of the Southwest Quarter of Section 15,Township 23 North, Range 4 East, W. M., in King County, Washington, lying Easterly of the plat of Cherry Lane, recorded in Volume 48 of Plats, page 21, records of King County, Washington; Except the North 65 feet of the East 120 feet thereof; And except the East 30 feet and the South 20 feet for roads; And except that portion of the remainder deeded to King County for road purposes by Recording Numbers 7503240296 and 7910010716. WHEREAS, Grantee's improvement work will require the reconstruction of Grantor's driveway. NOW, THEREFORE, in consideration of MUTUAL BENEFITS to the Parties, the Grantor(s) hereby grants to the Grantee, its successors and assigns, by this Agreement, the right to locate equipment and to work on the above - described land for the purposes of carrying on said construction activities with the purposes of reconstructing the driveway. This Agreement shall remain in existence until such time as Grantee, its successors and assigns, will have fully carried out the original construction necessary to complete the project or thirty (30) months, whichever is less. IN WITNESS WHEREOF, the Grantor(s) have hereunto signed the day and year first above written. GRANTOR: KING COUNTY LIB' i' Y SYSTEM GARY WASDIN, DIRECTOR 1 oft 101 1Z,)'f Date STATE OF WASHINGTON : SS COUNTY OF KING On the / 3 day ofLZ:rldc 201 fore me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Gary Wasdin to me known to be the Director of the King County Library System, a 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. NOTARY PUBLIC in an for the State of Washington. Residing at .11-5"//YZ-t-�'‘.) My Appointment expires: C=e • Z-% • l 2 oft