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HomeMy WebLinkAbout2015 - Public Utility / Sidewalk Easement - Orcas Homes LLC - 20150430000399 CITY OF TUKWIL 0 20150430080399 EAS PAGE-001 OF 009 0.00 04/30/2015 09:04 KING COUNTY, WA Return to: City Clerk City of Tukwila EXCISE TAX NOT REQUIRED 6200 Southcenter Boulevard King Co.Records D' ision Tukwila, WA 98188 By , Deputy Above this line reserved for Recorder's use PUBLIC UTILITY, SIDEWALK EASEMENT Document Reference Numbers: L13-041, PW14-0007 Grantor. ORCAS HOMES, 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: NW1I4 of the NE1/4, Sec. 22, T.23N, R.04E, WM Assessor's Tax Parcel Number(s): 004000-0375 and 004000-0380 Abbreviated Legal Description: N/A 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 9 2. Grant of Easement. A. For and in consideration of TEN DOLLARS ($10.00), and other va ua e consideration, the receipt of which is hereby acknowledged, ORCAS HOMES, 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 'C' 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 Parcel in perpetuity for the purpose or purposes of: To construct, operate, maintain, repair, alter, monitor, replace, remove or reconstruct said public sidewalk and utilities to include franchise utilities and other utility lines serving individual lots. The Grantor shall retain the right to use the surface of said easement, so long as said use does not interfere with proper function of the public sidewalk. Grantor shall not plant trees or vegetation with invasive root system within perimeter of this easement. 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 Page 2 of'9 persons or property resulting from the negligent activities or omissions of the Grantor,or Gr-antor's agents_or_employees_resultin-g 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 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. Page 3 of '9 I. Notices. Any notice required or desired to be given under this instrument-shall-be-deemed given if it is in wr_iting_and_ _actually delivered to the party, or sent by certified mail to the address listed below for that party: City Clerk ORCAS HOMES, LLC City of Tukwila 1100 Dexter Ave N, Suite 275 6200 Southcenter Boulevard Seattle, WA 98109 Tukwila, WA 98188 ��- /� /3 Prope y owner I Grantor Date r ``�nnuuIl�u�p pg'V FL1i., STATE OF WASHINGTON ) '' )ss. c •• hrr COUNTY OF KING '•• 0 _ /.7- iresorv-s�``. I certify I have know or have satisfactory evidence that er-'1--1 >Li Wrclel.A1 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 O1Akj t oc© �S M of rba453 .14-041 I3S , a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. ,r Dated Are/IL 10 1'! AgDV P/4. tow Page 4 of '9 tt a %col _ ----- - -- - - — -.111 ___ _ _____ _ __ O' ,P__ _ __ __ _ _ _ , . ii P . tERN # ) Notary 'ublic in an■ for the� N State V. My Washington residing at Fe Y`L ' My appointment expires 1 & . 2R_,2QI& - DATED this day of Apia l , 20 GRANTEE: CITY frFTLJKWIL / • :...1 A A -4a a--- Opt yor I A /Au henticated: 0 Pr .,. Ai/ .-- 414 (1 P City Clerk A •roved As To Form' City Attorney STATE OF WASHINGTON ) ) ss. County of King e �N Pp.) On this day of L , 20 r 5 before me, the undersigned, a Notary Public in andfor 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/she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed-the dayrf year above wri en.r J t kV �`.IA prin name rtraiViiiiii r ' F/ iii (9 j} '�$ Notary Public in a d for the State of si ' • - l % Pace 5ofr9 y,► A&Roc' r _s ,,,...,,%%%%%%%%%, gh�I,WASN$.� hum. � Washington, residing at x��, , x� � ~/ _ __--____ K8v appointment exp|nys .� Page 6 of ~ EXHIBIT `A' LEGAL DESCRIPTION OF OWNER'S / GRANTOR'S PROPERTY TRACTS 6 AND 7, BLOCK 3, ADAM HOMES TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY WASHINGTON. Page 7 of 9 EXHIBIT "B" DEPICI1ON OF 10 PUBLIC SIDEWALK & PUBLIC UTILITY EASEMENT 10' PUBLIC SIDEWALK & PUBLIC UTILITY EASEMENT .... S.144711 STREET V $V41 OE ;v.•r I 1 I I 1 1 1 1 , I 20 FFNATE DRAINASE I is SID EWA:K b. 4 1 I EASEMENT 8, F.:. ; 1 , LOT 9 /— UTILITY EASEMENT 1 I 15 SEWER j EASEMENT &UTIL3TY EASEMEtiT—\ 1 I I n DIY SRN,See I 1 III3 la I $.17,19111 f , —• k I I I Z Z. I 1 I I N I b. i ij r- NTS Page 8 of 9 EXHIBIT "C" LEGAL DESC-RIPT-ION OF PUBLIC-SIDEWALK_AND._UTILITY__EASEMENT THE NORTH 10.00 FEET OF TRACTS 6 AND 7, BLOCK 3, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 31 , RECORDS OF KING COUNTY WASHINGTON Page9of9