HomeMy WebLinkAbout2009 - Public Water Easement - Tukwila 6 LLC - 20090713000775 00775
20907 49.00
54;1001 OF 00a
07/13/2009 11:34
Return to: KING COUNTY, WA
City Clerk
City of Tukwila
6200 Southcenter Boulevard EXCISE TAX NOT REQUIRED
Tukwila, WA 98188 l4np Co. Records'J'visio
Above this line reserved for Recorder's use
PUBLIC WATER EASEMENT
Grantor: TUKWILA 6, 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: NEIA of Sec. 23, T23N., RAE., W.M.
Assessor's Tax Parcel Number(s): 359700 -0087 359700 -0090 359700 -0091 359700 -0092
Full legal descriptions of subject property and public water easement are legally described in
Exhibits `A -1' and `A -2', which are attached and incorporated by reference.
1. Recitals.
A. The Grantor is the owner of that certain real property legally described on Exhibit
`A -1' attached hereto and incorporated herein by this reference.
B. This instrument sets forth the terms and conditions under which the Grantor will
grant the Grantee an easement.
2. Grant of Easement.
For and in consideration of TEN DOLLARS ($10.00) and other valuable consideration,
the receipt of which is hereby acknowledged, TUKWILA 6, LLC, "Grantor grants, conveys,
and warrants to the CITY OF TUKWILA, "Grantee and its agents, designees and/or assigns,
"Grantee for the purposes hereinafter set forth, a perpetual easement under, across, and over a
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portion of the Parcel described on Exhibit `A -1' "Easement attached hereto and incorporated
herein by this reference. A depiction of said easement being attached hereto as Exhibit `B -1', and
a legal description of said easement being attached hereto as Exhibit `A -2', both incorporated
herein by this reference.
3. Purpose of Easement.
The Grantee. and its agents, designees and/or assigns to inspect, operate, maintain, repair,
replace, improve, remove, and use the easement for waterline, water meter service lines, and fire
hydrant and uses directly related thereto.
4. Obstructions; Landscaping.
Grantee may from time to time need to remove vegetation, trees, or other obstructions
within the Easement in order to carry out the purposes of the Easement set forth in paragraph 3
hereof, provided, however, that following any such work, Grantee shall, to the extent reasonably
practicable, restore the Easement and Grantor's property to a condition similar to its condition
prior to such work.
5. Grantor's Use of Right -of -Way.
Grantor may continue to use the Easement for any purpose not inconsistent with Grantee's rights.
Grantor shall not construct or maintain any buildings or other structures on the Easement unless it
receives written consent from the Grantee.
6. General Provisions.
A. Access. Grantee shall have the right of access to the easement, without prior
notice to Grantor, at such times as deemed necessary by Grantee, to enable Grantee to exercise its
rights hereunder. Grantee shall have the right of access to the Easement over and across Grantor's
property where necessary 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. Attornevs' 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
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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. Bindins 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 above, and shall run with the land.
E. Annlicable 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. Severabilitv. 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 TUKWILA 6, LLC
City of Tukwila 23035 SE 263 Street
6200 Southcenter Boulevard Maple Valley, WA 98038
Tukwila, WA 98188
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IN WITNESS WHEREOF, said individual has caused this instrument to be executed this 1
day of 2009.
3- e---4
Property O r Grantor
STATE OF WASHINGTON)
)ss.
COUNTY OF KING
I certify I have know or have satisfactory evidence that I`h Ki't S
is the person
who appeared before me, and said person acknowledged that he signed this instrument on oath
stated that he was authori zed to execute the instrument and acknowledge as the
0 n&C inm 1 tn eIr of the
t kw VX a limited liability company, to be the free and voluntary
act of such party for the uses and purposes mentioned in the instrument.
Dated 6,;� La Ct
i •�gS1�N' r' '�/j yot Public�nd for the State of Washington
OT AR residing at l v( �l e> CE
My appointment expires L 5 O
N Ali lC�
9 �i S
ok �WASN 0g, r
Page 4 of 8
DATED this a 01 J day of 4 .2009.
Q
GRANTEE: CITY OF TUKWILA
ayor
Attes Authenticated:
I -�k'��°l r
City Clerk Ap rov A o F
City o� rm by
STATE OF WASHINGTON
ss.
County of King
On this cZ *t^ day of 2009, 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.
prin name
1 i
ON
AF Z :0 NOTARY PUBLIC in and for the
State of Washington, residing at
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EXHIBIT `A -l'
Legal Description of Grantor's Property
s THAT PORTION OF TRACT 5 IN INTERURBAN ADDITION TO SEATTLE, AS PER PLAT
RECORDED IN VOLUME 10 OF PLATS, PAGE 55, RECORDS OF KING COUNTY, DESCRIBED AS
FOLLOWS;
BEGINNING AT THE INTERSECTION OF THE EAST LINE OF 59TH AVENUE SOUTH
RIGHT -OF -WAY WITH THE ADJUDICATED LINE BETWEEN TRACTS 4 AND 5 OF SAID ADDITION,
SAID ADJUDICATED LINE BEING FIXED AND ESTABLISHED BY KING COUNTY SUPERIOR COURT
CAUSE NO. 129565;
THENCE SOUTH 01'29'40' WEST 20 FEET, ALONG THE EAST LINE OF SAID AVENUE;
THENCE SOUTH '8848'20" EAST 200 FEET, ON A LINE PARALLEL WITH SAID ADJUDICATED
LINE;
THENCE SOUTH OI`20'40' WEST'150 FEET;
THENCE SOUTH 88'48'20' EAST 225 FEET,
THENCE NORTH 01'29'40' WEST 170 FEET TO SAID ADJUDICATED LINE;
THENCE WEST, ALONG SAID. ADJUDICATED LINE, 425 FEET TO THE POINT OF BEGINNING;
EXCEPT THAT PORTION THEREOF::'AS CONDEMNED BY THE CITY OF TUKWILA IN KING
COUNTY SUPERIOR COURT CAUSE NO. 733565;
SITUATE IN THE °CITY OF' TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
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EXHIBIT `A -2'
Legal Description of Public Water Easement
THAT PORTION OF THAT PORTION OF TRACT 5, INTERURBAN ADDITION, ACCORDING TO
THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE 55, IN KING COUNTY,
WASHINGTON, DESCRIBED•AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EAST LINE OF 59TH AVENUE SOUTH AND THE
ADJUDICATED LINE BETWEEN TRACTS 4 AND 5 OF SAID ADDITION, SAID LINE WAS
FIXED AND ESTABLISHED BY KING COUNTY SUPERIOR COURT CAUSE NO. 129565;
THENCE SOUTH 01 0 29 1 40" WEST 20 FEET, ALONG THE EAST LINE OF SAID AVENUE;
THENCE SOUTH 88 0 48 1 20" EAST 200 FEET, ON A LINE PARALLEL WITH SAID
ADJUCATED LINE; THENCE SOUTH 01 0 29 1 40" WEST 150 FEET; THENCE SOUTH
88 0 48'20" EAST 225 FEET; THENCE NORTH 01 0 29 1 40" WEST 170 FEET TO SAID
ADJUCATED LINE; THENCE WEST, ALONG SAID ADJUCATED LINE, 425 TO THE POINT OF
BEGINNING;
EXCEPT THAT PORTION CONDEMNED BY THE CITY OF TUKWILA IN KING COUNTY
SUPERIOR COURT CAUSE NO. 733565;
SAID PORTION OF THE HEREINABOVE DESCRIBED SUBDIVISION OF LAND, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY.NORTHWEST CORNER OF SAID SUBDIVISION; THENCE
ALONG THE WEST LINE OF SAID SUBDIVISION SOUTH 01 0 06 1 56" WEST 20.00 FEET;
THENCE ALONG A LINE PARALLEL WITH THE NORTH LINE OF SAID SUBDIVISION SOUTH
89 0 01 1 29" EAST 409.95 FEET TO THE SOUTHERLY MARGIN LINE OF SAID PORTION
CONDEMNED BY THE CITY OF TUKWILA, SAID LINE BEING A CURVE HAVING A RADIUS
OF 370.00 FEET, THE RADIAL CENTER OF WHICH BEARS SOUTH 37 0 19 1 43 WEST;
THENCE NORTHERLY AND WESTERLY ALONG SAID CURVE TO THE'LEFT THROUGH A
CENTRAL ANGLE OF 5 0 36 1 22" FOR AN ARC DISTANCE OF 36.20 FEET TO THE NORTH
LINE OF SAID SUBDIVISION; THENCE ALONG SAID LINE NORTH 89 0 01 1 29" WEST,
379.24 FEET TO THE POINT OF BEGINNING.
SITUATE IN THE COUNTY OF KING, STATE-OF WASHINGTON.
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EXHIBIT `B -1'
Depiction of Public Water .Easement
(Ref. PW07 -072)
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13 1 20.00 D 379.24'CC
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c zz N89'D1'29'W R= 370.00
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225.00'(P) y
N89*01'29 *W
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N8818 52 r— E 651.65 r (C) 651.69 R1
r !i 149TH ST (HAZEL AVE.)
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