HomeMy WebLinkAbout2008 - Sidewalk and Street Light Easement - Open Frame LLC - 20080305001758Return to:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
1. Recitals.
0011111111101 111
20080305001758
CITY OF TUKWIL EHS 49.00
PAGE001 OF 008
03/05/2008 14:40
KING COUNTY, WA
Above this line reserved for Recorder's use
SIDEWALK AND STREET LIGHT EASEMENT
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Grantor: OPEN FRAME, LLC, a Washington State limited liability company
Grantee: CITY OF TUKWILA, a municipal corporation of King County,
Washington.
Section/Township /Range: NE1 /4 of the NE1 /4, Sec. 26, T.23N., R.4E., WM
Assessor's Tax Parcel Number(s): 022310 -0010
Abbreviated Legal Description: N/A
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 8
EXCISE TAX NOT REQUIRED
co. Dieion
NaraPhltY
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, OPEN FRAME, 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 'B' and as depicted in Exhibit 'C', which are attached and incorporated
herein by this reference (the "Easement Area
3. Purpose of Easement.
The Grantee shall be entitled to use the easement under, across, and over
Parcel A in perpetuity for the purpose or purposes of:
Construction, maintenance, and use by the Public of Public Sidewalk and
Street Light in the Easement Area.
4. Maintenance.
Grantee shall be responsible for the maintenance and repair of all Sidewalks,
ramps, steps, curbs, gutters and other related appurtenances located within the
Easement Area.
5. Grantor's Use.
The rights granted herein shall not be construed to interfere with or restrict Grantor
from the use of the Easement Area with respect to the use, construction and
maintenance of Grantor's property (including such property located within the
Easement Area) so long as the same do not unreasonably interfere with the use
and maintenance of said Sidewalk.
6. 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. Reserved.
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
Page 2 of 8
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.
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
Page 3 of 8
Open Frame, LLC
PO Box 23
Kirkland, WA 98083
STATE OF WASHINGTON
)ss.
COUNTY OF KING
Dated 3 vary zN 2a)1
ott
s b10Na s +ry y
�i� ®T A R/P
5 co N§
O v ev o
1 3 1 111 1 3- �r li a r ry'AS
OPEN FRAME, LLC
Page 4 of 8
1 14 /m?
Property Owner Grantor Date
Property Owner Grantor
I certify I have know or have satisfactory evidence that Michael Larson 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 Manager of Open Frame, LLC, a limited
liability company, to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
m S �o
Notary Public in and for the State of Washington
residing at Sec.-NIc. WA
My appointment expires 3 -)q-- not
Date
DATED this 16 da y ofCA.4%2i CQi /200i.
GRANTEE: CITY OF UKWI
Atte 3Th uthenticated:
City /Clerk
o
d et
STATE OF WASHINGTON
ss.
County of King
On this day of
undersigned, a Notary Public in and
commissioned and sworn, personally
appeared di 14 14 G& E I Tt A/ 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 day
and J yeear above written.
s` rT) f
\i \11ii \kkAIE g1��\t Cs l_/`- An -7-r
Page 5 of 8
Approved As To Form by
City Attorney
IL/
2001efore me, the
State of shington, duly
,a print name
yc1 )AG r
�1�p tary Public in and for the State of
My appointment expires '3
i Washington, residing at eQif
EXHIBIT 'A'
LEGAL DESCRIPTION OF
OWNER'S GRANTOR'S PROPERTY
Tract 1, Andover Industrial Park No. 2, according to the Plat thereof, recorded in
Volume 71 of plats, page(s) 68 and 69, records of King County Auditor, situate in
the County of King, State of Washington.
AND
That portion of Tract 2, Andover Industrial Park No. 2, according to the Plat
thereof, recorded in Volume 71 of plats, page(s) 68 and 69, situate in the County
of King, State of Washington, lying Southerly of the following described line:
Commencing at the Southeast corner of said Tract 2; thence North 01 05 06 East,
38.94 feet along the East line of said Tact 2 to True Point of Beginning of herein
described line;
Thence North 88 51 02 West, 440.00 feet to the West line of said Tract 2 as
conveyed to the City of Tukwila by deed recorded under recording no.
8307110471, and the terminus.
Page 6 of 8
EXHIBIT'S'
LEGAL DESCRIPTION
SIDEWALK AND STREET LIGHT EASEMENT
That portion of Lot 2 of City of Tukwila Boundary Line Adjustment No. 05 -025, recorded under
Recording No.20050928900006, records of King County, Washington, Tying Southerly and
Westerly of the following described line:
COMMENCING at the Northwest comer of said Lot 2;
THENCE South 01° 05' 03" West, 35.66 feet along the Westerly line of said Lot 2 to the Northerly
margin of a Sidewalk and Traffic Signal Improvement Easement recorded under Recording No.
9511300537;
THENCE South 88° 25' 28" East, 1.21 feet along said Northerly margin to the Easterly margin of
said Easement;
THENCE South 01° 05' 03" West, 141.17 feet along said Easterly margin to and angle point;
THENCE North 88° 54' 57" West, 6.71 feet to the Westerly line of said Lot 2 and the TRUE POINT
OF BEGINNING of herein described line;
THENCE South 88° 54' 57" East, 4.64 feet;
THENCE South 01° 02' 06" West, 111.54 feet;
THENCE South 87° 49' 40" East, 4.83 feet to a point on a non tangent curve, the radius of which
bears South 87° 49' 40" East;
THENCE southeasterly along the arc of a curve concave to the northeast, having a radius of 35.61
feet, through a central angle of 90° 30' 56 and an arc length of 56.26 feet;
THENCE South 88° 20' 36" East, 114.76 feet;
THENCE South 88° 30' 34" East, 135.53 feet;
THENCE South 88° 16' 26" East, 150.41 feet to the East line of said Lot 2 and the terminus.
Page 7 of8
EXHIBIT 'C'
DEPICTION OF SIDEWALK EASEMENT
NW CORNER NE1 /4 NE1 /4
SECTION 26
POINT OF COMMENCEMENT
S1'05'03"W 35.66'
588'25'271 1.21'
SIDEWALK EASEMENT
TRAFFIC SIGNAL IMPROVEMENT
EASEMENT REC. NO. 9511300537
(TYPICAL HATCH)
SI'05'03"W 141.17'
T.P.O.B.
NB8'54'57 W 6.71'
S88'54'57'E
4.64' 51'02 06M
111.54'
58749'40 "E (RAD)
4.83' S88'20'361
A =90'30'56" 114.76'
R =35.61' SIDEWALK
L =56.26' EASEMENT
LOT 2
CITY OF TUKWILA
B.L.A. L05 -025
REC. NO. 20050928900006
LOT 1
SEC. 23- T23N -R4E, WM
SEC. 26- T23N -R4E, WM
588'30'34 "E
nn nn iii
135.53'
BAKER BOULEVARD
1' =100'
S88'16'26 "E
150.41'
TERMINUS-
Fde: P: \012000& \12631 \Exhibit \12631EXH02.dwg Oote�me: 10/23/2007 10:56 Scale: 1 100 BOG %refs:
Scale:
Horizontal 1 =100' Vertical
„GB KE 9803 �UE SOUTH
y f y (425)251 6222
j i a jt
(425)251 -8782 FAX
'V CML ENGINEERING, LAND
%M PLANNING, SURVEYING,
ENVIRONMENTAL SERVICES
4, Designed Drown cTT
For: PARK WEST
PLAZA
Job Number
12631
Sheet
Title: STREET LIGHT
SIDEWALK EASEMENT
EXHIBIT
;NE
Cheeked.0s15.— Aa ➢roved
Date
Page 8 of 8
STATE OF WASHINGTON
)ss.
COUNTY OF KING
Dated -37A1Auar Zt/21fl
I 1j� 11
.5,44`4pTA a
o m. a
OBO
1/17,74 x,74 -09. c -7
OPEN FRAME, LLC
Page 4 of 8
4 jzw /m?
Property Owner Grantor Date
Property Owner Grantor Date
S -okk-e_
I certify I have know or have satisfactory evidence that Michael Larson 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 Manager of Open Frame, LLC, a limited
liability company, to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Notary Public in and for the State of Washington
residing at Se.ct.4}lc WA
My appointment expires 3 -14-nci