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Home My WebLink About2010 - Temporary Construction Easement - CHA Southcenter - 20100423000560 (Rerecorded) i 20100423000560 KF/i2,,0,0d01T10rS4 EAS 67.00 After recording return document to KING COUNTY, UP City of Tukwila KENYON DISEND EAS 67.00 Public Works Department PAGE -001 OF 006 02/18/2010 10:49 6300 Southcenter Blvd #100 KING COUNTY, UP Tukwila, WA 98188 -2544 i Document Title: Temporary Construction Easement Reference Number of Related Document: n/a �%r> 1 4 Grantor: CHA Southcenter LLC f 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: 643730 -0020 W tth o.ul dot W Q-A TEMPORARY CONSTRUCTION EASEMENT Southcenter Urban Access Improvement Project CHA SOUTHCENTER LLC, a Washington limited liability company "CHA for and in consideration of mutual benefits, conveys and grants unto the CITY OF TUKWILA, a Washington municipal corporation "City a nonexclusive easement over, under, upon and across the real property legally described and depicted on Exhibit A. attached hereto and incorporated herein by reference "Easement Area for the sole purpose of excavating, compacting, shaping and grading sidewalk and driveway sections, re- striping parking, constructing road improvements adjusting access ramps and related construction activity. The City shall be solely responsible for all costs and expenses arising out of or related to any and all such construction activity. 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 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 Page 1 of 6 DWT 13333160x3 0088419 -000008 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. CHA and the City, by accepting and signing this document, mutually covenant and agree as follows: (1) The City shall upon completion of the work, remove all debris and restore the. surface of the above described property, to a condition equal to or better than that which existed at the date of this agreement. (2) The City shall provide CHA, its guests, agents, customers and invitees with reasonable access to CHA's property at all times during construction of the City's Southcenter Urban Access Improvement Project. (3) This Temporary Construction Easement shall terminate upon the City's acceptance of the City's Southcenter Urban Access Improvement Project. (4) Execution of this agreement by the undersigned shall not prejudice CHA to subsequent adjudication of just compensation pursuant to state law. It is understood and agreed that delivery of this Temporary Construction 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 for the City of Tukwila. 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. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] Page 2 of 6 DWT 13333160v3 0088419 -000008 Dated this Zz�day of 2,o to GRANTOR Accepted and Approved: CITY OF TUKWILA CHA SOUTHCENTER LLC, a Washington limited liability company y: By: >e �o1, �l,►d -dewy J Vn Hagge ayor Its: �cr� i Page 3 of 6 DW r 133331600 0088419 -000008 STATE OF WASHINGTON ss. County of Zp /O On this 3.0 day of Jawva^ 2LOW, before me personally a pe r& •tn Mo-�evs �o me known to be the rctw'f+�� ✓,L,- F�a6Wbt 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. Notary (print name) Ma1 4) lE�t� Notary Public in and for the State of Waslington tit.ttltl\ n residing at Mf �aK t` +?y My Appointment expires v) to i i Grtj i i Y U i yi �1 B 7 0 �F STATE OF WASHINGTON ss. County of abl On this 0� day of 24W, before me personally appeared RM HAGGERTON to me known to 'U 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 seal the day and year last above wr itten. Notary (print name) K7U M Notary Public in air d for the State Washington, t s residing at �j c A V -.Al' AGBLIG My Appointment expires lot Page 4 of 6 DWT 133331600 0088419- 000008 EXHIBIT "A" TAX PARCEL 643730 -0020 TEMPORARY CONSTRUCTION EASEMENT THAT PORTION OF PARCEL B, CITY OF `I'UKWILA BINDING SITE FLAN NUNIBER L97 -0036, RECORDED UNDER .AUDITOR'S FILE NUMBER 9802041490, RECORDS OF KING COUNTY, WASH NGTON, BEING A PORTION OF THE NORTHWEST QUARTER OF SEC110N 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT T14E NORTHWEST CORNER OF SAID PARCEL B, BEING A POINT ON THE EASTERLY RIGffr -OF -WAY MARGIN OF SOUTHCENTER PARKWAY; THENCE SOUTH 88 °08'47" EAST, ALONG THE NORTH LINE OF SAID PARCEL B, FOR A DISTANCE OF 17.26 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG THE NORT14 LINE OF SAID PARCEL B, FOR A DISTANCE OF 159.27 FEET; THENCE SOUTH 00 0 00'00" EAST FOR A DISTANCE OF 155.12 FEET; THENCE SOUTH. 90 0 00'00" WEST FOR A DISTANCE OF 145.64 FEET; THENCE NORTH 00 EAST FOR A DISTANCE OF 35.85 FEET; THENCE NORTH 23 °58'32" EAST FOR A DISTANCE OF 29.27 FEET; THENCE NORTH 00 WEST FOR A DISTANCE OF 72.69 FEET; THENCE NORTH 89 °59'30 'WEST FOR A DISTANCE OF 25.58 FEET; THENCE NORTH 00 EAST FOR A DISTANCE OF 24.99 FEET TO THE TRUE POINT OF BEGINNING. WMES Page 5 of 6 DWT 133331600 0088419 -000008 EXHIBIT A SNAP TAX LOT. 643730 -0020 TEMPORARY EASEMENT i I NEWTp ROW 1 I (262344E021) os 17.28 589"59'30 "E 1 j25.58' I I IN o' ACC ESS EA I N I �--r -z I m I CL I z I nJi PARCEL 8 I I I 6 CITY OF TU KVALA I I eSP L97 -0036 I w I 64-37300n2i 1 1 1 1 N23`58'32 "E/ 1 s 2 2 r AR €A =22 251 SO FT N90' E. .64 I I N00'00 "E I I 35.85' I I UIILITY I 42.50' EASEMENT WA8 c� �0 25 50 1 00 23345 I i s .8clsre�.. I I Scale In Feet °�`.Ii X� Ex KS 750 Sixth Street South Kirkland, WA 98033 p. 425 1 f. 425.827.5443 Chit I Structurai I Planning I Survey An Engineering Sem4m company pa SCALE: 1' m 50' FILE: \CHA— TEMPORARY.DWG DATE: 5— 8 -08 PROJ. NO.: 05725.11 Page 6 of 6 DWT 133331600 0088419 -000008