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Home My WebLink About2009 - Easement - Carrossino Holdings LLC - 20090514000855When Recorded Return To: City of Tukwila City Clerk's Office 6200 Southcenter Boulevard Tukwila, Washington 98188 111001 1101111 20090514000855 CITY OF TUKWIL EAS 48.00 PAGE001 OF 007 05/14/2009 11:04 KING COUNTY, WA EASEMENT EXCISE TAX NOT REQUIRED King Co. Re ords D. 1 i Reference No. of Related Documents: N/A Grantor: Carrossino Holdings LLC Grantee: City of Tukwila, a Washington Municipal Corporation Abrev. Legal Description(s): SE- 4 -23 -4 Additional Legal(s) on Exhibit A Assessor's Tax Parcel Number(s): 042304915301 and 042304908207 niE THIS AGREEMENT made this c/ day of s_at1 2009, between the GRANTOR, Carrossino Holdings LLC, its successors, heir d assigns, as owner of the following described real property, for and in consideration of the sum of THIRTY FIVE THOUSAND FIVE HUNDRED AND NO /100 DOLLARS ($35,500.00), and other good and valuable consideration, receipt of which is hereby acknowledged, hereby conveys and grants to the GRANTEE, CITY OF TUKWILA, a municipal corporation of the State of Washington, its successors and assigns, a perpetual nonexclusive easement over, under, upon and across the following described property (the "Burdened Property for the purpose of discharging storm drainage and accessing a storm drainage pipe. The Burdened Property is legally described as set forth in Exhibit "A," attached hereto and by this reference incorporated herein. The purpose of the Easement contemplated herein is solely for the discharge and conveyance of storm water, which originates east of the Grantor's property, crosses the Grantor's property and discharges into the Duwamish River. The Easement Area consists of ten (10) feet on either side of the existing storm drainage pipe located on the Burdened Property and shown on Exhibit `B The drainage pipeline, catch basins, outfall and appurtenances thereof as well as any and all surfacing and other improvements shall remain under the Grantor's ownership. Any and all maintenance of said improvements shall remain the Grantor's responsibility. The Grantor shall retain the right to use the surface of said Easement Area and storm drainage pipe, so long as said use does not interfere with the existing capacity and proper functioning of the storm drainage pipe. 1 Neither the Grantor nor the Grantee shall direct additional peak storm water flow volumes to the storm water pipe. General Provisions. A. Access. Grantee shall have the right of access to the easement under, across, and over the Property to enable Grantee to inspect and otherwise exercise its rights hereunder. Grantor and Grantee herein acknowledge that access to all subsurface features by the Grantee shall be limited to the drainage pipe itself, the catch basins, the outfall, and appurtenances. There shall be no drilling or excavation without prior approval of the Grantor herein. Grantee shall have the ability to access the system through the use of television, i.e. mobile procedure wherein a camera can be placed within the drain pipe. B. Maintenance. Should maintenance be required with respect to the storm water pipe, the parties hereto agree that the Grantor of said easement shall retain the exclusive right to hire any contractor or organization whose services may be necessary to maintain said storm drainage pipe. Grantor herein shall have the sole authority to deal with any entity that may be hired or retained to provide maintenance or improvements with respect to the drain pipe. C. Structures and Obstructions. The Grantor, its successors, heirs, employees, agents and assigns hereby warrants that it shall not cause any structure nor obstruction of a temporary or permanent nature (including but not limited to, fences and/or walls) to be constructed or allowed to remain in, over or upon the Easement Area herein granted with the exception of any structures or obstructions currently in place. D. Indemnification. Grantee shall hold the Grantor, and its employees, agents or invitees, 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 employees, agents or invitees resulting from this easement. E. 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 2 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. F. 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. G. 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. H. 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. I. 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. J. 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. GRANTEE GRANTOR CITY OF TUKWILA, WASHINGTON CARROSSINO HOLDINGS, LLC 3 By: 3 Title: Q Vs" It La. C3 \Q Date: S` 0c∎ Attest/Authenticated: Alethstalin- City Clerk City Attorney STATE OF WASHINGTON COUNTY OF KING 7P On this day of in ok 2009, before me, the undersigned, a Notary Public in and for the State of}Vashington, duly commissioned and sworn, personally appeared Jim Haggerton, to me known to be the person who signed as Mayor of the City of Tukwila, a municipal corporation of the State of Washington, that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was duly elected, qualified and acting as said officer of the corporation, that he was authorized to execute said instrument for the purposes mentioned therein. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. 4� 3.?; 6C‘ Ci ss. Approved As To Form. 4 Print Name: Notary Public in and for the State of Washington, residing at Sty fro/ e r' My commission expires: 3 STATE OF WASHINGTON )ss. COUNTY OF KING k4- On this T" day of MGON 2009, before me, the undersigned, a Notary Public in and for the State of ashington, duly commissioned and sworn, personally appeared Douglas G. Carrossino, to me known to be the person who signed as Ykom,400,1 I So% of Carrossino Holdings LLC, a Washington limited liability company that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said Limited Liability Company for the uses and purposes therein mentioned, and on oath stated that he was duly elected, qualified and acting as said officer of the Limited Liability Company, and that he was authorized to execute said instrument on behalf of the Limited Liability Company. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. I en S. F. '1g_ 0 J Print Name: Cc, Notary Public in and for the State of Washington, residing at COA\A My commission expires: S H C 0 5 Exhibit "A" LEGAL DESCRIPTION OF PARCEL No. 0423049082 POR OF GL 10 IN SE 1/4 BEG ON NWLY MGN OF ST HWY N 18 -58 -45 E 869.36 FT FR NXN WITH N LN OF PL R/W TH S 18 -58 -45 W 213.36 FT ALG SD MGN TH N 71 -01 -15 W TO BANK OF DUWAMISH RIVER TH NELY ALG SD BANK TO PT S 85 -16 -00 W OF BEG TH N 85 -16 -00 E 405.32 FT M/L TO BEG LEGAL DESCRIPTION OF PARCEL No. 0423049153 POR GL 10 DAF BEG SE COR SEC 04 -23 -04 TH S 89 -30 -50 W 425.78 FT ALG S LN SD SEC TO NXN WITH C/L PACIFIC HWY S TH ALG SD C/L N 19 -01 -25 E 701.94 FT TH N 70 -58 -35 W 50.00 FT TAP MARKED BY A NAIL SET IN WLY MGN SD PACIFIC HWY S TPOB TH CONT N 70 -58 -35 W 416.49 FT TAP APPROX 11 FT FR TOP OF BANK OF DUWAMISH RIVER, WH PT HEREINAFTER DESIG POINT "A" IS MARKED BY A SET REBAR CAP, TH CONT N 70 -58 -35 W 11 FT MIL TO TOP OF BANK OF DUWAMISH RIVER TH SELY ALG TOP OF BANK OF DUWAMISH RIVER TAP APPROX 43 FT FR BRG N 63 -36 -45 W FAP HEREINAFTER DESIG POINT "B" SD PT "B" BRG S 46 -26 -28 W 160.92 FT FR POINT "A" AND MARKED BY A SET REBAR CAP TH 5 63 -36 -45 E 43 FT M/L TO POINT "B" TH CONT S 63 -36 -45 E 339.60 FT TAP TH S 17 -52 -02 W 34.75 FT TH S 70 -38 -21 E 153.09 FT TAP MARKED BY REBAR CAP SET IN WLY MGN SD PACIFIC HWY S TH N 19- 01-25 E ALG SD WLY MGN 222.01 FT TO TPOB AKA LOT 1 KC LOT LN ADJUSTMENT NO 8612050 APPROVED 14 MAY 1987 6 m c w