HomeMy WebLinkAbout2008 - Waterline Easement - DEM LLC - 20080606001538City of Tukwila
City Clerk's Office
6200 Southcenter Blvd.
Tukwila, WA 98188
(206)433 -1800
Document Titles:
Waterline Easement
Reference Number(s) of related documents:
Grantor(s) (Last, First, Middle Initial)
DEM L L C
Grantee(s) (Last, First, Middle Initial)
City of Tukwila
111111 IIIIIIUIIIIII
20080606001538
CITY OF TUKWIL EAS 51.00
06/06//2008 15
KING COUNTY, WA
Additional Reference #'s on page
Legal Description (abbreviated form: ie., lot, block, plat or section, township, range, quarter /quarter)
FOSTER STEPHENS DC #38 POR LEWIS C C DC 37 BAAP WC) BEARS M 40 -01 -05 W 920.15 FT FR A
MONUMENT AT PI OF A CURVE ON C/L
Additional Reference #'s on page
Assessor's Property Tax Parcel /Account Number
000300 -0116
EXCISE TAX NOT REQUIRED
Fling Co. Records D'vlalon
Additional Reference #'s on page
Additional Reference #'s on page
Additional Reference #'s on page
N
WHEN RECORDED RETURN TO:
J. DAVID HUHS
CURRAN LAW FIRM P.S.
555 WEST SMITH STREET
KENT, WASHINGTON 98035
Document Title: Water Line Easement Agreement
Grantor: DEM, LLC
Grantee: City of Tukwila
Legal Description: See Exhibits A -1, A -2, and B attached
Reference Nos. of Documents Released or Assigned: N/A
Water Pipeline Agreement
Page 1
WATER LINE EASEMENT AGREEMENT
THIS WATER LINE EASEMENT AGREEMENT (this "Agreement is made as
of the l}V'LP day of 2008, by and between DEM, LLC "Grantor and the
City of Tukwila, a Washington municipal corporation( "Grantee
RECITALS
A. Grantor owns certain real property located in King County, Washington and
more particularly described on Exhibit A -1 attached to this Agreement (the "Grantor
Property
B. Grantee has requested an easement and right -of -way from Grantor for the
purposes of constructing, installing, reconstructing, replacing, repairing, maintaining and
operating a water pipeline over, across, along, through, and under a portion of Grantor's
Property described on Exhibit A -2 and shown in Exhibit B attached to this Agreement.
Grantor is willing to grant such an easement as set forth herein.
C. In consideration for granting said easement, Grantee has agreed to pay DEM,
LLC One Dollar ($1.00) and other valuable considerations, the receipt of which is hereby
acknowledged.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals which are incorporated
herein by reference and for valuable consideration, the receipt and sufficiency of which are
acknowledged, Grantor and Grantee, for themselves, their successors and assigns, agree as
follows:
cJ 1
1. Grant of Easement and Rights. Grantor grants and conveys to Grantee and
Grantee's successors, assigns, employees, contractors and subcontractors a permanent non-
exclusive easement (the "Permanent Easement over, across, along, through and under the
Permanent Easement Area (as legally described and as shown on Exhibit A -2) of the
Grantor Property for the purposes of constructing, installing, reconstructing, replacing,
repairing, maintaining and operating a water pipeline and lines and all necessary
connections and appurtenances thereto (the "Water Pipeline together with the right of
ingress and egress therefrom for the purpose of enjoying the easement, and also granting to
Grantees the use of such additional area immediately adjacent to the above easement as
shall be required for the construction of the Water Pipeline, such additional area to be held
to a minimum necessary for that purpose.
The parties acknowledge that the location described in Exhibit A -2 and
shown in Exhibit B is the area within which the Water Pipeline may be installed,
constructed, maintained or repaired. Grantor agrees to cooperate with Grantee and
Grantee's successors and assigns in connection with amending or re- executing this
Agreement as reasonably necessary to satisfy King County or any other governmental
entity. Any costs of amending or re- executing this Agreement shall be borne by Grantee,
including without limitation the attorneys' fees incurred by Grantor in such cooperation.
Grantor expressly reserves the right to grant any other easement, license or right of way
over, under or across the Permanent Easement Area not inconsistent with the rights granted
to the Grantee herein.
2. Term. The Permanent Easement granted under this Agreement will be
effective as of the date this Agreement is recorded and shall be perpetual.
3. Use of Easement Area.
a. Non Interference. Grantor may continue to use the Permanent
Easement Area for all purposes which will not interfere with the exercise of the rights
granted to Grantee hereunder.
b. Construction and Maintenance: It is expressly understood and
agreed that the Grantee and its successors and assigns shall pay all costs related to the
construction, installation, maintenance, and upkeep of the Water Pipeline and any
associated equipment or improvements. Grantee agrees to maintain the Water Pipeline in
good working order, at no expense to Grantor.
c. Hours of Construction: It is expressly understood that DEM, LLC
operates a business on Grantor's Property and that if Grantee were to engage in
construction, maintenance, or repair of the Water Pipeline during business hours that this
would be harmful to Grantor's business. Therefore, Grantee agrees that it shall not exercise
its easement rights under this Agreement during weekdays from 8:00 a.m. to 6:00 p.m.
4. Restoration Following Construction. Immediately after the completion of
the construction and installation of the Water Pipeline, or any subsequent entry upon the
Water Pipeline Agreement
Page 2
Grantor's Property, Grantee shall restore the Grantor's Property as near as may be to its
condition immediately before such construction or entry. It is understood that installation
of the Water Pipeline will involve cutting through and removing a strip or portion of an
existing asphalt roadway on Grantor's Property which serves as ingress and egress to
Grantor's business and the business locations of others. Grantee will repair and restore the
asphalt roadway in a manner which ensures the "patched" or replaced area of asphalt, once
pipeline installation is complete, will not sink and cause a "dip" in the roadway or a rough
road service or be unsightly. Furthermore, for a period of one (1) year from the date such
repair or replacement of the asphalt section occurs by Grantee, Grantee will further repair or
replace the asphalt in the event of it sinking below the surface of the surrounding asphalt
roadway.
5. Indemnity. Grantee shall protect, defend, and indemnify and hold harmless
Grantor, its officers, officials, board members, agents, volunteers, and employees from and
against any and all claims, actions, suits, judgments, liability, loss, costs of any kind
whatsoever, expenses, penalties and awards of damages, including costs and attorneys' fees
in defense thereof to the extent resulting from the acts or omissions of the Grantee, its
officers, employees, agents, and /or subcontractors relating to the exercise of the easement
rights granted to the Grantee herein, provided, that if a claim arises from Grantor's use of
the easement and to the extent resulting from the acts or omissions of Grantor, its officers,
employees, or agents, the Grantee shall not be required to protect defend, indemnify or hold
harmless Grantor, but instead, Grantor shall protect, defend, and indemnify and hold
harmless Grantee, its officers, officials, board members, agents, volunteers, and employees
from and against any and all claims, actions, suits, judgments, liability, loss, costs of any
kind whatsoever, expenses, penalties and awards of damages, including costs and attorneys'
fees in defense thereof.
6. Successors and Assigns. The rights granted in this Agreement and the duties
agreed to hereunder will run with Grantor Property and will inure to the benefit of and bind
Grantor and Grantee and their respective successors and assigns.
7. Assignment. Grantor and its successors and assigns shall have the right to
assign all of their right, title and interest under this Agreement.
8. Conflict. If a conflict arises under this Agreement, Grantor and Grantee
shall negotiate in good faith to resolve the conflict. If an action must be brought to enforce
the terms of this Agreement, such action shall be brought in King County Superior Court.
The prevailing party shall be entitled to payment of its costs and reasonable attorneys' fees.
9. Good Faith/Impairment. A party shall not act or conduct itself in any way
which impairs the purposes and intent of this Agreement. Each party shall always endeavor
and act in good faith to foster and protect all rights and benefits of all the parties hereunder,
making its best efforts to do so.
10. Exhibits. The exhibits attached to this Agreement are fully incorporated
herein by this reference.
Water Pipeline Agreement
Page 3
11. Entire Agreement /Modification: This Agreement and all collateral
documents and exhibits, if any, represent the entire agreement of the parties and may not be
modified, amended, or changed in any way except by written document signed by all
parties and recorded as necessary.
CITY OF TUKWILA
By:
inn
Name:
GEORGIANA BARKER
NOTARY PUBLIC
STATE OF WASHINGTON
COMMISSION EXPIRES
JUNE 1.2008
Water Pipeline Agreement
Page 4
DEM, LLC
By:
A) Name: M9pt D rvrY'
Its: yV4
Date: L I e)- oF 2008 Date: 1 b OS' 2008
STATE OF WASHINGTON
ss.
COUNTY OF KING
On this 4day of a#4, 2008, before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn,
personally appeared 47?/7lriker1 to me known to be the az of
the City of Tukwila, County of King, State of Washington, the municipality that
executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said municipality, for the
uses and purposes therein mentioned, and on oath stated he was authorized to
execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate above written.
Print Name: PCt4# /A/{jq 4j,Q,4 oe
NOTARY PUBLIC in and for the State of
Washington, residing at /5cqee &avif'
My Commission Expires: p6 •/Jl•l!8
EXHIBIT A -1
Legal Description of Grantor Property
The land referred to in this commitment is situated in the Stare of
Washington, and described as follows:
That portion of Stephen Foster Donation Claim No. 38 and of the C.C.
Lewis Donation Claim No. 37 in Section 10, 11, 14 and 15,
Township 23 North, Range 4 East, W.M., in King County, Washington,
more particularly located within the northeast quarter of the
northeast quarter of Section 15, Township 23 North, Range 4 East,
W.M., in King County, Washington, described as follows:
Commencing at a point which is bears north 40 01'05" west a distance
of 920.15 feet from a monument at the point of intersection of a
curve on the centerline of the Duwamish- Renton Junction Road, said
point of intersection being approximately 1000 feet east, 20 feet
south of the quarter corner between Sections 14 and 15, Township 23
North, Range 4 East, W.M., in King County, Washington;
Thence north 49 24' west on a line 150.00 feet distance from and
parallel with the centerline of the said Duwamish- Renton Junction
Road, a distance of 835.00 feet to a point which bears north
81 44'15" east a distance of 199.17 feet from the monument at the
end of a curve on the centerline of the said Duwamish- Renton
Junction Road, said end of a curve being approximately 1200 feet
north and 440 feet west of quarter corner between said Sections 14
and 15;
Thence north 49 24' west a distance of 16.00 feet;
Thence north 40 36' east a distance of 682.10 feet;
Thence north 49 24' west a distance of 310.21 feet to the TRUE POINT
OF BEGINNING of this description;
Thence south 40 36' west a distance of 552.10 feet;
Thence north 49 24' west 52.08 feet;
Thence south 40 36' west 150 feet to the northeasterly margin of the
right of way of the Puget Sound Electric Railway;
Thence north 49 24' west along said margin of the right of way, a
distance of 30.00 feet;
Thence north 40 26' east a distance of 150.00 feet;
Thence north 49 24' west 172.00 feet;
Thence north 40 36' east 552.10 feet;
Thence south 49 24' east 254.08 feet to the TRUE POINT OF BEGINNING;
TOGETHER WITH a non exclusive easement for ingress, egress and
utilities in over and across the following described property:
That portion of Stephen Foster Donation Claim No. 38, Section 15,
Township 23 North, Range 4 East, W.M., in King County, Washington
described as follows:
(continued)
LEGAL DESCRIPTION, continued:
EXHIBIT A -1
Commencing at a point which bears north 40'01'03" :,est 920.15 feet
from a monument at the point of intersection of a curve on the
centerline of the Duwamish Renton Junction Road, said point of
intersection being approximately 1000 feet east and 20 feet south of
the quarter corner between Sections 14 and 15, said Township 23;
Thence north 49 24'00" west 835.00 feet on a line parallel to and
150 feet northeasterly of the centerline of said Duwamish- Renton
Junction Road, to a point which bears north 81 44'15" east 199.17
feet from the point of curve on the centerline of said Duwamish-
Renton Junction Road, said point of curve being approximately 1200
feet north and 440 feet west of the quarter corner between said
Sections 14 and 15;
Thence south 40 36'00" west 20 feet to the northeasterly margin of
the right of way of the Puget Sound Electric Railway;
Thence north 49 24'00" west along said right of way 378.29 feet to
the TRUE POINT OF BEGINNING;
Thence north 40 36'00" east, parallel with said 48 Avenue South,
24.00 feet;
Thence south 49 24'00" east, parallel to said Seattle Transmission
Line Right of Way, 378.29 feet;
Thence south 40 36'00" west, 24.00 feet;
Thence north 49 24'00" west to the TRUE POINT OF BEGINNING;
EXCEPT any portion thereof of said easement lying within 48 Avenue
South;
TOGETHER WITH an easement for ingress, egress and underground
utilities as described in easement recorded under Recording
Number 9105061004.
Ptn. NE /NE 15 -23 -04
END OF SCHEDULE A
NOTE FOR INFORMATIONAL PURPOSES ONLY:
The following may be used as an abbreviated legal description on the
documents to be recorded, per amended RCW 65.04. Said abbreviated
legal description is not a substitute for a complete legal description
within the body of the document.
THAT PORT /ON OF THE HEREINAFTER DESCRIBED PARCEL "A" (PARENT PARCEL) DESCRIBED AS
FOLLOWS:
THAT PORTION OF STEPHEN FOSTER DONATION CLAIM NO. 38 AND OF THE C.C. LEWIS DONATION
CLAIM NO. 37 IN SECTION 10, 11, 14 AND 15, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN
KING COUNTY, WASHINGTON, MORE PARTICULARLY LOCATED WITHIN THE NORTHEAST QUARTER
OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN
KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT WHICH BEARS NORTH 40°01'05' WEST A DISTANCE OF 920.15 FEET
FROM A MONUMENT AT THE POINT OF INTERSECTION OF A CURVE ON THE CENTERLINE OF THE
DUWAMISH RENTON JUNCTION ROAD, SAID POINT OF INTERSECTION BEING APPROXIMATELY
1000 FEET EAST, 20 FEET SOUTH OF THE QUARTER CORNER BETWEEN SECTIONS 14 AND 15,
TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON;
THENCE NORTH 49°24 WEST ON A LINE 150 FEET DISTANCE FROM AND PARALLEL WITH THE
CENTERLINE OF THE SAID DUWAMISH RENTON JUNCTION ROAD, A DISTANCE OF 835.00 FEET TO
A POINT WHICH BEARS NORTH 81°44'15" EAST A DISTANCE OF 199.17 FEET FROM THE
MONUMENT AT THE END OF A CURVE ON THE CENTERLINE OF THE SAID DUWAMISH RENTON
JUNCTION ROAD, SAID END OF A CURVE BEING APPROXIMATELY 1200 FEET NORTH AND 440
FEET WEST OF QUARTER CORNER BETWEEN SAID SECTIONS 14 AND 15;
THENCE NORTH 49°24' WEST A DISTANCE OF 16.00 FEET;
THENCE NORTH 40 °36' EAST A DISTANCE OF 682.10 FEET;
THENCE NORTH 49°24' WEST A DISTANCE OF 310.21 FEET;
THENCE SOUTH 40°36' WEST A DISTANCE OF 552.10 FEET;
THENCE NORTH 49°24' WEST 52.08 FEET;
THENCE SOUTH 40 °36' WEST 126.00 FEET TO THE TRUE POINT OF BEGINNING OF THIS
WATERLINE EASEMENT DESCRIPTION;
THENCE CONTINUING SOUTH 40 °36' WEST 24.00 FEET TO THE NORTHEASTERLY MARGIN OF THE
RIGHT OF WAY OF THE PUGET SOUND ELECTRIC RAILWAY (SEATTLE CITY LIGHT ROW);
THENCE NORTH 49°24' WEST ALONG SAID MARGIN OF THE RIGHT OF WAY, A DISTANCE OF
30.00 FEET;
THENCE NORTH 40 °26' EAST A DISTANCE OF 24.00 FEET;
THENCE SOUTH 49°24' EAST 30.00 FEET TO THE TRUE POINT OF BEGINNING;
CONTAINING 720 SQUARE FEET, MORE OR LESS
EXHIBIT A-2
PARCEL N0. 000300 -0116
WATERLINE EASEMENT
PARCEL "A"
THAT PORTION OF STEPHEN FOSTER DONATION CLAIM NO. 38 AND OF THE C.C. LEWIS DONATION
CLAIM NO. 37 IN SECTION 10, 11, 14 AND 15, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN
0003000116 Waterline Easement.doc
KPG
TACOMA• SEATTLE
KING COUNTY, WASHINGTON, MORE PARTICULARLY LOCATED WITHIN THE NORTHEAST QUARTER
OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN
KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT WHICH BEARS NORTH 40°01'05" WEST A DISTANCE OF 920.15 FEET
FROM A MONUMENT AT THE POINT OF INTERSECTION OF A CURVE ON THE CENTERLINE OF THE
DUWAMISH RENTON JUNCTION ROAD, SAID POINT OF INTERSECTION BEING APPROXIMATELY
1000 FEET EAST, 20 FEET SOUTH OF THE QUARTER CORNER BETWEEN SECTIONS 14 AND 15,
TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON;
THENCE NORTH 49°24' WEST ON A LINE 150 FEET DISTANCE FROM AND PARALLEL WITH THE
CENTERLINE OF THE SAID DUWAMISH RENTON JUNCTION ROAD, A DISTANCE OF 835.00 FEET TO
A POINT WHICH BEARS NORTH 81°44 EAST A DISTANCE OF 199.17 FEET FROM THE
MONUMENT AT THE END OF A CURVE ON THE CENTERLINE OF THE SAID DUWAMISH RENTON
JUNCTION ROAD, SAID END OF A CURVE BEING APPROXIMATELY 1200 FEET NORTH AND 440
FEET WEST OF QUARTER CORNER BETWEEN SAID SECTIONS 14 AND 15.
THENCE NORTH 49°24' WEST A DISTANCE OF 16.00 FEET;
THENCE NORTH 40 °36' EAST A DISTANCE OF 682.10 FEET;
THENCE NORTH 49°24' WEST A DISTANCE OF 310.21 FEET TO THE TRUE PO /NT OF BEGINNING OF
THIS DESCRIPTION;
THENCE SOUTH 40 °36 WEST A DISTANCE OF 552.10 FEET;
THENCE NORTH 49 °24' WEST 52.08 FEET;
THENCE SOUTH 40 °36' WEST 150.00 FEET TO THE NORTHEASTERLY MARGIN OF THE RIGHT OF
WAY OF THE PUGET SOUND ELECTRIC RAILWAY;
THENCE NORTH 49°24' WEST ALONG SAID MARG /N OF THE RIGHT OF WAY, A D /STANCE OF
30.00 FEET;
THENCE NORTH 40 °26' EAST A DISTANCE OF 150.00 FEET;
THENCE NORTH 49°24' WEST 172.00 FEET;
THENCE NORTH 40 °36' EAST 552.10 FEET;
THENCE SOUTH 49 °24' EAST 254.08 FEET TO THE TRUE POINT OF BEGINNING.
2' Z1-
0003000116 Waterline Easement.doc
!CPO
TACOMA- SEATTLE
N.T.S.
Architecture
Landscape Architecture
Civil engineering
Urban Design
NE 1/4 SEC. 15, T. 23 N., R. 4 E., W.M.
ti
1'T N 9' -t•
F,p 2A 4
9 N '0
4 1 G 00TS
FS r p
O G y T(t"
F
c, c
'c
tiT "94 Rso
t p�cp
hp
FEBRUARY 28, 2008
EXHIBIT B
PARCEL 000300 -0116
WATERLINE EASEMENT
T.P.O.B. FOR
PARENT PARCEL
4
T.P.O.B. FOR WATERLINE
EASEMENT
07038 WL EASEMENT.dwg