The URL can be used to link to this page

Home My WebLink About2010 - Easement - CHA Southcenter - 20100423000559 (Re-recorded) After recording return document to: 2 0100423000559 City of Tukwila KENY N DIOFN005EAS 66.00 Public Works Department 04/23/2010 11:34 6300 Southcenter Blvd., Suite 100 KING COUNTY, WA Tukwila, WA 98188 KENYON DISEND EAS 65.00 PAGE -001 OF 005 02/1 U 9 A Document Title: Easement Grantor: CHA SOUTHCENTER LLC Grantee: CITY OF TUKWILA Legal Description: Parcel B, Binding Site .Plan for Outback Steak House, Vol. 184, Pg. 36 Additional Legal Description is on Exhibit A of Document Assessor's Tax Parcel Number: 643 730-0020 1, 1, r T'�'`:n��RED Sy, k! Qe.,r.•dY EASEMENT Southcenter Urban Access Improvement Project (Klickitat Drive Southcenter Parkway) CHA SOUTHCENTER LLC, a Washington. limited liability company "CHA for and in consideration of the sum of TEN AND NO /100 ($10.00) DOLLARS, and other valuable consideration, hereby conveys and grants to the CITY OF TUKWILA, a Washington municipal corporation "City a permanent easement for the sole purpose of constructing and maintaining sidewalk, curbs and traffic control devices over, under, upon and across that certain real property legally described in Exhibit A. attached hereto and incorporated herein by reference "Easement Area The City shall be solely responsible for all costs and expenses arising out of or related to any and all construction or maintenance activity undertaken by the City, its agents, employees and invitees in the Easement Area. CHA reserves unto itself all other rights, title and interest in and to the Easement Area not expressly granted to the City hereunder. The City shall protect, defend, indemnify and hold harmless CHA from and against liability for all claims, demands, suits, judgments and costs, including but not limited to attorneys' and consultants' fees, for injury to persons, death, or property damage which is caused by, arises out of, or is incidental to the City's exercise of the rights and privileges granted by this Agreement. The City's obligations under this paragraph shall include the duty to promptly accept tender of defense and provide defense to the CHA at the City's sole F. A. No. STPD -1037 (003) Page 1 of 5 pages Parcel No. 643730 -0020 DWr13335464v2 0088419- 000008 expense and indemnification of claims made by the City's own employees or agents. In the event it is necessary for CHA to incur attorneys' and consultants' fees, or other costs to enforce the provisions of this paragraph, all such fees, expenses, and costs shall be recoverable from the City. In the event it is determined that RCW 4.24.115 applies to this Agreement, the City agrees to protect, defend, indemnify and hold harmless CHA to the maximum extent permitted thereunder, and specifically for its negligence concurrent with that of CHA to the full extent of the City's negligence. The City agrees to defend, indemnify, and hold harmless CHA for claims by City's employees and agrees to waiver of its immunity under Title 51 RCW, which waiver has been mutually negotiated by the parties. It is understood and agreed that delivery of this easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Tukwila unless and until accepted and approved hereon in writing by the City of Tukwila, and indicated by the signature of the City Mayor, below. Without limiting the generality of the above, this conveyance is made to the same extent and purpose as if the rights herein granted had been acquired under Eminent Domain statutes of the State of Washington. Dated this zr►A day of ww�►.►�••._ 2° Accepted and Approved; GRANTOR CITY OF TUKWILA CHA SOUTHCENTER LLC, a Washington limited liability company B N Xco�44 K-* Hagg tI s: F�xee�k��` tl',`�� pres�`ol ayor Date: F. A. No. STPD -1037 (003) Page 2 of 4 pages Parcel No. 643730 -0020 DWT 13335464v2 0088419 000008 STATE OF WASHINGTON ss. County of 11 Z•a!° On this x&J, day of J ,-20& before me personally appeared to me known to be the roacu+— U�m gba-Alof CHA SOUTHCENTER LLC, that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument. GIVEN under my hand and official seal the day and year last above written. "I (teq Notary (print name) #A L.o. Notary Public in and for the State of Was ngton, Ins residing at M e- t. r KI/ My Appointment expires 1 y i N i14 !/D L G _r t STATE OF WASHINGTON ss. County of On this :t6 of P noj 1 L aA899, before me personally appeared JIM HAGGERTON to me known to 4 the MAYOR of THE CITY OF TUKWILA, that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. GIVEN under my hand and official s eal e day and year last above written. 1 J tufl• O' f ►o Notary (print name) k17i t s �T residing P ublic in d Q.O'- of Washington, s My Appointment expires 4 1 I1gN6Y off,,, F. A. No. STPD -1037 (003) Page 3 of pages Parcel No. 643730 -0020 DWT 13335464v2 0088419- 000008 EXHIBIT "A" TAX PARCEL 643730 -0020 PERMANENT EASEMENT THAT PORTION OF PARCEL 13, CITY OF TUKWILA BINDING SITE PLAN NUMBER L97 -0036, RECORDED UNDER AUDITOR'S FILE NUMBER 9802041490, RECORDS OF KING COUNTY, WASHINGTON, BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL B, BEING A POINT ON THE EASTERLY RIGHT -OF -WAY MARGIN OF SOUTHCENT ER PARKWAY; THENCE SOUTH 88 °08'47" EAST, ALONG THE NORTH LINE OF SAID PARCEL B, FOR A DISTANCE OF 17.26 FEET; THENCE SOUTH 00 0 25'30" WEST FOR A DISTANCE OF 2499 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING AT SOUTH 00 °25'30" WEST FOP, A DISTANCE OF 79,48 FEET TO A POINT ON A NON TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 50.00 FEET FROM WHICH A RADIAL LINE OF SAID CURVE BEARS SOUTH 39 EAST; THENCE SOUTHERLY AND WESTERLY ALONG SAID CURVE FOR AN ARC LENGTH. DISTANCE OF 37.67 FEET AND THROUGH A CENTRAL ANGLE OF 43 0 09'44" TO THE EASTERLY RIGHT -OF -WAY MARGIN OF SOUTHCENTER PARKWAY; THENCE SOUTH 00 0 39'23" WEST, ALONG SAID EASTERLY RIGHT -OF -WAY MARGIN, FOR A DISTANCE OF 19.23 FEET; THENCE SOUTH 89 EAST FOR A DISTANCE OF 7.11 FEET; THENCE NORTH 00 EAST FOR A DISTANCE OF 13.00 FEET TO A POINT ON A NON TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 40.09 FEET FROM WHICH A RADIAL LINE OF SAID CURVE BEARS SOUTH 89 EAST; THENCE NORTHERLY AND :EASTERLY ALONG SAID CURVE FOR AN ARC LENGTH DISTANCE OF 18.59 FEET AND THROUGH A CENTRAL ANGLE OF 26°33'58 THENCE SOUTH 88 0 34'04" EAST FOR A DISTANCE OF 21.07 FEET; THENCE NORTH 23 0 58'32" EAST FOR A DISTANCE OF 29.27 FEET; THENCE NORTH 00 0 02'06" WEST FOR A DISTANCE OF 72.69 FRET; THENCE NORTH 89 °59'30" WEST FOR A DISTANCE OF 25.58 FEET TO THE TRUE POINT OF BEGINNING. G1 Og exPiRSS F. A. No. STPD -1037 (003) Page 4 of 4 pages Parcel No. 643730 -0020 DW r 13335464x2 0088419-000008 EXHIBIT A MAP TAX LOT 643730 -0020 PERMANENT EASEMENT l I f l NEW ROW I I 17.20 I S88�08'47" (262304902 S89'59'30'E N 25.58' 5V ACCESS I I l r EXISTING I I ona So0'02'06'E CITY RC T�'UK 1MLA I I R�50.00' l �'�72. &9' L97 -0036 I z L-37 .67` I I W 643*09'4 8 29.27 8'32 "W (8437300020) I I I S88'3 +'0+ "E I 1 i 21.07' I i O N003923 "E S8279'47 "E R =40.09' I V) 19.23' L- 18.59' I «o' Q na 28'33'S8' l i N89"Z6'13 "W I S00'39'14"W l 7.11 i 13.00, EXISTING VTIUTY 42.50' i— I EASEMENT I l I 1 10 25 50 100 2 45 CIST1:� I l �iov i l Scale In Feet EXPIRES 750 S'lxth Street South Kirkland, WA 98033 p. 425,827.2014 1 f. 425.827.5043 r Civa I ral Planning I Survey An Engineering Smims coftvm paceengrs.com SCALE: 1" 50' FILE: \CHA— PERMANENT.DWG DAZE: 5— 8-08 PR03. NO.: 05725.11 F. A. No. STPD -1037 (003) Page 5 of 4 pages Parcel No. 643730 -0020 DWT 13335464v2 0088419 -000008