The URL can be used to link to this page

Home My WebLink About2015 - Right-of-Way Improvement Easement - King County Library System - 20151209001193{ Return to: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 111 1111 11111 20151209001193 STEWART TITLE EAS 79.00 PAGE -001 OF 007 12/09/2015 15:08 KING COUNTY, WA COURTESY RECORDING ONLY NO LIABILITY FOR VALIDITY AND /OR ACCURACY ASSUMED BY STEWART TITLE Above this line reserved for Recorder's use RIGHT OF WAY IMPROVEMENT EASEMENT Grantor: King County Library System, a municipal corporation. Grantee: CITY OF TUKWILA, a municipal corporation of King County, Washington. Document Reference Number(s): N/A Section/Township /Range: Sec 15, Twp 23S, R4E. Assessor's Tax Parcel Number(s): 152304 - 9013 -08. Abbreviated Legal Description: Por of SE Qtr of SW Qtr of Sec 15, Twp 23S, R4E. 1. Recitals. A. The Grantor is the owner of that certain real property legally described on Exhibit 'A' attached hereto and incorporated herein by this reference. B. This instrument sets forth the terms and conditions under which the Grantor grants the Grantee an easement. 2. Grant of Easement. For and in consideration of TEN DOLLARS ($10.00), and other good and valuable consideration, the receipt of which is hereby acknowledged, King County Library System, a municipal corporation ( "Grantor ") grants, conveys, and warrants to the CITY OF TUKWILA, a municipal corporation of King County Washington ( "Grantee "), under the imminent threat of the Grantee's exercise of its rights of Eminent Domain, for the purposes hereinafter set forth, a perpetual easement under, across, and over Owner's /Grantor's Parcel, a legal description of said easement being attached hereto as Exhibit 'A' and as depicted in Exhibit 'B', which are attached and incorporated herein by this reference. 3. Purpose of Easement. The Grantee shall be entitled to use the easement under, across, and over Owner's /Grantor's Parcel in perpetuity for the purpose or purposes of: Constructing, reconstructing, installing, repairing, replacing, operating and maintaining public right -of -way and utility improvements, including but not limited to street improvements, sidewalks, rockeries and retaining walls, street lighting systems, transit facilities, safety rails, utility pipes, conduits, appurtenances, etc., and other related roadway and transportation amenities and utility improvements, together with the right to keep said Easement Area free of obstructions, along with the right of public access and ingress and egress thereto to enable Grantee to exercise its rights hereunder; This easement is granted subject to the following terms and conditions: (a) When in the process of performing any work in the Easement Area, Grantee shall use construction procedures so that access to Grantor's property is not blocked. (b) The Grantee shall, upon completion of any work within the Easement Area, restore said area and any private improvements disturbed, damaged or destroyed, during execution of the work, as nearly as practical to the condition as existed immediately before the commencement of the work or entry by the Grantee. (c) Grantor shall retain the right to use the Easement Area as long as such use does not interfere with the easement rights granted to the Grantee. Grantor shall not, however, have the right to: (i) Erect or maintain any buildings or structures within the Easement Area; or (ii) Plant trees, shrubs or vegetation having root patterns, which may cause damage to or interfere with the facilities placed within the Easement area by the Grantee; or (iii) Develop, landscape, or beautify the Easement Area in any way, which would unreasonably increase the cost to the Grantee of restoring the Easement Area and any private improvements therein; or (iv) Block or otherwise obstruct the Easement Area. (d) The Grantor also grants to Grantee and those acting under or from the Grantee the use of such additional area immediately adjacent to the above easement as shall be required for the construction or maintenance of such improvements in the easement, such additional area to be held to a minimum necessary for that purpose. (e) In case of an emergency, the Grantee shall have the right without prior notice or proceeding at law, to enter upon the property for the purpose of construction, repairing and /or reconstruction said street, sidewalk and related appurtenances, or making any connections therewith. In all other cases, the Grantee shall notify the Grantor of the need to enter onto easement area prior to doing so. 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 Owner's /Grantor's Parcel, 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. 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 King County Library System, a municipal corporation 4060 S 144th St. Tukwila, WA 98168 In Witness hereof we set our hands and seals, DATED this day of NO'S J3& , 2015. GRANTOR King County Library System, a municipal corporation Gary Wasdin, Direct GRANTEE CITY OF T KWILA Jim Hag: - on, Mayor Attest/Authenticated by: City Clerk v pproved As To Form by City Attorney STATE OF WASHINGTON : SS COUNTY OF KING On the A3 day ofc,e.-7- 2:ry_ , 20/-4, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Gary Wasdin to me known to be the Director of the King County Library System, a 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. `" jRIAe /1 [\QOacMENTc4.0('i 4 NOTARY R` — 1B1L — . 4, i 9).'•.,4RY'21•.•'GEC .' /,, 0 ' wAs ``• .S' • STATE OF WASHINGTON COUNTY OF KING NOTARY PUBLIC in and for the State of Washington. Residing at Lam- ,- bL _riV My Appointment expires: °/' Z 7 • / ss. On this day of 0 1/4 ) , . / 1 , 20 S, 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 writt -n. Notary ' ublic in an for the State of Washing Residing at: Gt5J2 W7Yb7O` L) / My appointment expires: T90 %t17 . EXHIBIT A PARCEL NO. 152304 -9013 SIDEWALK EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A" DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 'A", SAID CORNER ALSO BEING ON THE NORTH MARGIN OF SOUTH 144TH STREET; THENCE SOUTH 87° 35' 01" EAST ALONG SAID MARGIN, 187.07 FEET ;; THENCE EASTERLY ON A CURVE TO THE LEFT, WHOSE CENTER BEARS NORTH 02° 24' 59" EAST, 25.00 FEET, AN ARC DISTANCE OF 709 FEET TO A LINE THAT IS 31.00 FEET NORTHERLY OF AND PARALLEL WITH THE CENTERLINE OF SAID SOUTH 144TH STREET; THENCE NORTH 87° 35' 01" WEST ALONG SAID PARALLEL LINE, 194.09 FEET TO THE WEST LINE OF SAID PARCEL A'; THENCE SOUTH 01° 28' 02" WEST ALONG SAID WEST MARGIN, 1.00 FOOT TO THE POINT OF BEGINNING. CONTAINING 192 SQUARE FEET, MORE OR LESS. PARCEL 'A ".: (PER STEWART TITLE COMPANY ORDER NO. 01148- 42382, DATED APRIL 9, 2015) THAT PORTION OF THE SOUTH 294.50 FEET OF THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 4 EAST, W. M., IN KING COUNTY, WASHINGTON, LYING EASTERLY OF THE PLAT OF CHERRY LANE, RECORDED IN VOLUME 48 OF PLATS, PAGE 21, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE NORTH 65 FEET OF THE EAST 120 FEET THEREOF; AND EXCEPT THE EAST 30 FEET AND THE SOUTH 20 FEET FOR ROADS; AND EXCEPT THAT PORTION OF THE REMAINDER DEEDED TO KING COUNTY FOR ROAD PURPOSES BY RECORDING NUMBERS 7503240296 AND 7910010716. 152304 -9013 - WALK.DOCX Page 1 of 1 TACOMA SEATTLE SW 1/4, SEC. 15, T. 23 N., R. 4 E., W.M. TAX LOT NUMBER 155420 -0033 152304 -9208 PROPERTY LINE TAX LOT NUMBER TAX LOT NUMBER 155420 -0035 1.00' POB M � TAX LOT NUMBER - 155420 -0034 O S 87'35'01" E EXISTING RIGHT OF WAY N.T.S. DATE: MAY 15, 2015 TAX LOT NUMBER 152304 -9013 WALK EASEMENT o AREA = 192 S.F.± F) ROW ACQUISITION 194.09' 187 .07 . -' S 144TH ST EXISTING RIGHT OF WAY I VARIES CV R=25.00' L =7.09' ( FILE: 152304 - 9013- KCLS.DWG 7539Ih Ave N 2502 Jefferson Ave Seattle, WA 98109 Tamura, WA 98402 (206) 2861640 (253) 627-0720 MAY 19g.com EXHIBIT B PARCEL 152304 -9013 SIDEWALK EASEMENT