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Home My WebLink About2008 - Street Lighting Easement - Charter Homes - 20081212000806Return to: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Document Reference Number(s): 1. Recitals. 2. Grant of Easement. 11111 MU 1 20081212000806 CITY OFK005 eas 4e.0e KINGZCOUNTY, UA Go. Ro,,:;cs n Above this line reserved for Recorder's use STREET LIGHTING EASEMENT Air Deputy 73 y Grantor: CHARTER HOMES, INC., a Washington State corporation Grantee: CITY OF TUKWILA, a Washington State municipal corporation Section/Township/Range: NE1 /4 of the NW 1/4, Sec. 15, T.23N., R.4E., W.M. Assessor's Tax Parcel Number: 734060 -0803 Property Legal Description: A Portion of the NE 'A of the NW Y< Sec. 15, T.23N., R.4E., W.M., (a.k.a.) A portion of Tract 54, Riverside Interurban Tracts, according to the plat thereof, recorded in Volume 10 of plats, Page 74, in King County, Washington, lying West of Davis Replat of said tract 54, according to the plat thereof recorded in Volume 24 of plats, Page 49, in King County, Washington; except the south 100 feet thereof; Legal description of street lighting easement is legally described in Exhibit `A', which is attached and incorporated by reference. A. The Grantor is the owner of that certain real property legally described above. B. This instrument sets forth the terms and conditions under which the Grantor will grant the Grantee an easement. A. For and in consideration of TEN DOLLOARS ($10.00) and other valuable consideration, the receipt of which is hereby acknowledged; CHARTER HOMES, INC., "Grantor") grants, conveys, and warrants to the CITY OF TUKWILA, "Grantee for the purposes hereinafter set forth, a perpetual easement under, across, and over a portion of the Parcel described above. Page 1 of 5 3. Purpose of Easement. The Grantee shall be entitled to use the easement under, across, and over a portion of the Parcel described above, in perpetuity for the purpose or purposes of: to operate, maintain, repair, replace, improve, remove, and use the easement for street lighting. 4. 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. 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. 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 2 of 5 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 City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Charter Homes, Inc. 601 Union Street Suite 5100 Seattle, WA 9 Property Owner Grantor clatil� Date -r IN WITNESS WHEREOF, said individuals have caused this instrument to be executed this 24 day of 3t4 re-- ,2008. STATE OF WASHINGTON) )ss. County of King I certify that I know or have satisfactory evidence that it A r- Iz LM d c1 e r is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the cs. de r of C+ Ari e H n s l r a corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated D L 1 cI (ot s, V,4 Authorized Sig ature t S° p{,; e, -A flu Notary Public in and for the St.e of Washington residing at ckrot L L .cs t. mere- My appointment expires lo 2- r 6 s Page 3 of 5 DATED this day of I >(--e-f be7) 2008. GRANTEE: CITY OF TUKWILA A t/Autlienticated: City Clerk 'd STATE OF WASHINGTON ss. County of King tAEL/siliti S' NO r rs S m la C a'. sr: 4• -3 0 4 /4 -1 NG� O 6), Page 4 of 5 oved As To Form by Attorney On this 5 day of 1 .en/t -a 2008, 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. print name Notary Public in and for the State of Washington, residing My appointment expires //91/ a EXHIBIT 'A' LEGAL DESCRIPTION OF STREET LIGHTING EASEMENT Tract `B' Private Street Utilities Tract Made part of City of Tukwila Short Plat No. L03 -047. Short Plat No. L03 -047 recorded at King County under recording no. 20070411900003. All located within a portion of Tract 54, Riverside Interurban Tracts, according to the plat thereof, recorded in Volume 10 of plats, Page 74, in King County, Washington, lying West of Davis Replat of said tract 54, according to the plat thereof recorded in Volume 24 of plats, Page 49, in King County, Washington; except the south 100 feet thereof; Page 5 of 5