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Home My WebLink About2015 - Sidewalk and Water Easement - NWR Realty LLC - 20150629000600Return to: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 20150629000600 CAGEY 80.00 06/29/2015 11:41 KING COUNTY, WA EXCISE TAX NOT REQUIRED Above this line reserved for Recorder's use SIDEWALK AND WATER EASEMENT Grantor: NWR REALTY, 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: Portion of the N1/2 of the NW1 /4, Sec. 25, T.23N., R.4E., WM Assessor's Tax Parcel Number: 252304 -9083 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 9 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, NWR REALTY, LLC ( "Grantor ") grants, conveys, and warrants to the CITY OF TUKWILA, ( "Grantee ") for the purposes hereinafter set forth, a non - exclusive perpetual easement under, across, and over the easement area located on Parcel A (the "Easement Area "), a legal description of said Easement Area 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 the Easement Area in perpetuity for the purpose or purposes of: Use by the Public of Public Sidewalk; and construction, maintenance, and use of Public Water Main and Fire Hydrants, all within the Easement Area. 4. General Provisions. A. Access. Grantee shall have the right of access to the easement under, across, and over the Easement Area to enable Grantee to exercise its rights hereunder. Grantee shall not materially interfere with the use and enjoyment of the Property, or any business operations thereon, by Grantor or its officers, agents, employees, tenants, or invitees. 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, employees, tenants, and invitees 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. Page 2 of 9 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. Grantee shall pay, as its sole obligation, all costs and expenses to install, maintain and keep in repair the water main and fire hydrants Grantee locates under, across, over or on the Easement Area. J. 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 NWR REALTY, LLC 16000 Christensen Rd Suite #101 Seattle, WA 98188 Page 4 of 9 STATE OF WASHINGTON ) )ss. COUNTY OF KING ) I certify I have know or have satisfactory evidence that k„%I kJ; 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 of NWR REALTY, 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 -C---- s(f.* �O Tot k. � i sv_. ;lotary Public in and for the State of Washington J8LIG gym: d g ''�/L�i�++ -�`�� "" '� / itY®�� °C�'� 'residing at ».�w My appointment expires 0 — b — / 6 Page 5 of 9 DATED this olane4 day of 1,tirlri , 2015. GRANTEE: CITY OF TUKWILA Mar. Mayo r // Attes Authenticated: , C City Clerk STATE OF WASHINGTON ) County of King ss. Approved As To orm by City Attorney On this A:1144 day of , 2015, 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. Mkt, Asa- }' SSA R ''1I print name • ' ,1.p9' a s, 1OF WAST" - Notary Public in and for the State of Washington residing at CtL1C.Go GC..J My appointment expires 11 Page 6 of 9 °EXHIBIT 'A' LEGAL DESCRIPTION OF OWNER'S / GRANTOR'S PROPERTY THAT PORTION OF THE NORTH % OF THE NORTHWEST 1/4 OF SECTION 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT 1 OF SHORT PLAT NO. S.H. PL- 084 -85, RECORDED UNDER RECORDING NO. 8702039008, RECORDS OF KING COUNTY, WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 85 °29'57" EAST ALONG THE NORTH LINE THEREOF 229.32 FEET; THENCE SOUTH 01 °21'49" EAST 206.45 FEET; THENCE WESTERLY ALONG A 1030.00 FOOT RADIUS CURVE TO THE LEFT HAVING A RADIUS POINT WHICH BEARS SOUTH 01 °33'57" WEST, THROUGH A CENTRAL ANGLE OF 10 °00'03" AN ARC LENGTH OF 179.78 FEET TO THE BEGINNING OF A NON - TANGENT 54.50 FOOT RADIUS CURVE TO THE RIGHT, THE CENTERPOINT OF WHICH BEARS NORTH 26 °45'10" EAST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 42 °34'18" AN ARC LENGTH OF 40.49 FEET; THENCE NORTH 07 °42'22" WEST ALONG THE WEST LINE THEREOF 207.60 FEET TO THE POINT OF BEGINNING. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. THE ABOVE DESCIRBED PARCEL CONTAINS 46,855 SQUARE FEET OR 1.0756 ACRES, MORE OR LESS. Page 7 of 9 EXHIBIT 'B' LEGAL DESCRIPTION OF SIDEWALK AND WATER EASEMENT The Westerly, Southwesterly, and Southern 10 feet of the below described Owner's / Grantor's property legal description. Except any portion lying within the Easterly 165.00 feet, as measured perpendicular to the Easterly line thereof. THAT PORTION OF THE NORTH 1/2 OF THE NORTHWEST' OF SECTION 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT 1 OF SHORT PLAT NO. S.H. PL- 084 -85, RECORDED UNDER RECORDING NO. 8702039008, RECORDS OF KING COUNTY, WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 85 °29'57" EAST ALONG THE NORTH LINE THEREOF 229.32 FEET; THENCE SOUTH 01 °21'49" EAST 206.45 FEET; THENCE WESTERLY ALONG A 1030.00 FOOT RADIUS CURVE TO THE LEFT HAVING A RADIUS POINT WHICH BEARS SOUTH 01°33'57" WEST, THROUGH A CENTRAL ANGLE OF 10 °00'03" AN ARC LENGTH OF 179.78 FEET TO THE BEGINNING OF A NON - TANGENT 54.50 FOOT RADIUS CURVE TO THE RIGHT, THE CENTERPOINT OF WHICH BEARS NORTH 26 °45'10" EAST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 42 °34'18" AN ARC LENGTH OF 40.49 FEET; THENCE NORTH 07 °42'22" WEST ALONG THE WEST LINE THEREOF 207.60 FEET TO THE POINT OF BEGINNING. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. THE ABOVE DESCIRBED PARCEL CONTAINS 46,855 SQUARE FEET OR 1.0756 ACRES, MORE OR LESS. Page 8of9 EXHIBIT 'C' DEPICTION OF SIDEWALK AND WATER EASEMENT 16350 NEST VALLEY HIGHWAY STRANDER BLVD. ,WsT ALLEY KIGIVV ° EASEMENT AREA = 2,600 SQ. FT. Page 9 of 9