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HomeMy WebLinkAbout2008 - Temporary Construction Easement - Cascade Glen Homeowners Association - 20080715000271AFTER RECORDING RETURN TO: City of Tukwila Department of Public Works 6200 Southcenter Boulevard, Suite 100 Tukwila, WA 98188 -2544 TEMPORARY CONSTRUCTION EASEMENT Project Name: Tukwila International Blvd Street Improvements Grantor: Cascade Glen Homeowners Association Grantee: City of Tukwila Abbreviated Legal Description: Tracts A, Cascade Glen, Vol. 214, pgs. 15 -18 Assessor's Tax Parcel ID No.: 142260 0210 -01 z ,ewr 41/061,1-1 1 4 THIS EASEMENT is made this _g,9 day of 2008, between Cascade Glen Homeowners Association, a Washington non- rofit corporation, hereinafter referred to as "Grantor," and the City of Tukwila, a municipal corporation of the State of Washington, hereinafter referred to as "Grantee." WHEREAS, Grantor is the owner of certain lands and premises situated in the County of King, State of Washington described as follows: SEE EXHIBIT "A" AND WHEREAS, Grantee desires to acquire certain rights and privileges across, over, under and upon a portion of said lands and premises; NOW, THEREFORE, Grantor, for valuable consideration, the adequacy and receipt of which is hereby acknowledged, hereby conveys and grants to Grantee, its successors, assigns, permittees and licensees, the temporary right, permit, license and easement to use and occupy the hereinafter described lands, together with rights of ingress and egress, from public right -of -way, all for the purpose of constructing street improvements and for any and all purposes incidental to or required by the construction of the above mentioned project (collectively, the "Project") across, over, under and through the hereinafter described lands in the City of Tukwila, King County, State of Washington:SEE EXHIBIT A, attached hereto and incorporated herein by this reference (hereinafter, "Construction Area TEMPORARY CONSTRUCTION EASEMENT OWNER: Cascade Glen APN: 142260 0210 -01 PROJECT: Tukwila International Boulevard Street Improvements II END 20080715000271 PACIFIC NW TIT EAS 47.00 PAGE001 OF 006 KING Page 1 of 4 EXCISE Rai1mED King 496780.3/014455.00001 The rights, title, privileges and authorities hereby granted shall continue to be in force for a period of two (2) years, from the date the Grantee issues a notice to proceed for construction until or such time as Grantee, its successors or assigns, shall formally accept the fully completed Project for the purposes of use, operation and maintenance, whichever occurs first. Grantee will replace any landscaping or land contours, outside of the permanent alterations required for the construction of the Project, that are materially disturbed in connection with the exercise of the Grantee's rights hereunder, in as good condition as the same were immediately before the Construction Area was entered by the Grantee. Grantor warrants and covenants to and with Grantee that Grantor is lawfully seized and possessed of the land aforesaid; has a good and lawful right and power and convey the same; and that Grantor will warrant and defend the title to said easement and the quiet possession thereof against the claims and demands of all persons claiming any interest in the aforesaid land except encumbrances of record. This conveyance shall be a covenant running with the land, and shall be binding on Grantor and its heirs, successors and assigns. During the Project, the Grantors shall not have the right to use the Construction Area during the time actual construction activities are being carried out within the Construction Area. Each party shall assume the risk of, be liable for, and pay all damage, loss, cost and expense of its officers, officials and employees arising out of any duty performed, or not performed, while acting in good faith within the scope of this Easement. It is understood and agreed that the delivery of this Easement is tendered and that the terms and obligations hereof shall not become binding upon Grantee unless and until accepted and approved in writing by the City of Tukwila City Manager upon approval of the Tukwila City Council. written. IN WITNESS WHEREOF, this instrument has been executed the day and year first above GRANTOR: GRANTEE: CASCADE GLEN HOMEOWNERS CITY OF TUKWILA, ASSOCI TION a Municipal Corporation sie A. S By: B a M. Waterton, Treasurer By: Yetiar,e9, Robert D. Post, Secretary TEMPORARY CONSTRUCTION EASEMENT OWNER: Cascade Glen APN: 142260- 0210 -01 PROJECT: Tukwila International Boulevard Street Improvements Page 2 of 4 By: D'LR.C5+_.i row, Public Works Director 496780.3/014455.00001 i STATE OF WASHINGTON ss County of King A O rte this day of� before me personally appeared e2,f D s/ to me known to be the (President,$ecretar), Treasurer) of the corporation that executed the foregoing instrument, and acknow edged 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 (e she is) (they are) authorized to execute said instrument. GIVEN under my hand and official seal the day and year last above written. StW1 ary Public State of Washington 'ROSA M. VILLA MY COMMISSION EXPIRES July 31, 2008 STATE OF WASHINGTON SS County of King (SEAL) Notary Public State of Waabiogloa 'ROSA M. VILLA MY COMMISSION WINES July 31, 2008 TEMPORARY CONSTRUCTION EASEMENT OWNER: Cascade Glen ANN: 142260- 0210 -01 PROJECT: Tukwila International Boulevard Street Improvements Page 3of4 Public in and fort tale of ashington, residing at y commission expiresZ 4eA On this of before me e. appeared 154 0 4 Sae.* to me nown to be the (President Secretary, Treasurer) of ashington, residing a the corporation that executed the foregoing instrumen an acknowledged said instrument to be the free and voluntary act and deed of said co oration, for the uses and purposes therein mentioned, and on oath stated that (h /she is) (they are) authorized to execute said instrument. GIVEN under my hand and official seal the day and year last above written. LA./s‘‘ ublic in and for tate of commission expir ce4 i 4,7e6 4967803/014455.00001 STATE OF WASHINGTON ss County of King O this 0P day of n before me personally appearecl ?vet /i) o me known to be the (President, Secretary, �reasurer�J of the corporation that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said co o. at for the uses and purposes therein mentioned, and on oath stated that (he (they are) authorized to execute said instrument. GIVEN under my hand and official seal the day and year last above written. (SEAL) Notwy Padb State of Watt** *ROSA M. VILLA MY COMMISSION DOS July 31, 2009 TEMPORARY CONSTRUCTION EASEMENT OWNER: Cascade Glen APN: 142260- 0210 -01 PROJECT: Tukwila International Boulevard Street Improvements ommission expir Page 4 of 4 lic in and for th State of W. ington, residing at 496780.31014455.00001 EXHIBIT 6-- 01 2 PARCEL NO. 142260 -0210 TEMPORARY CONSTRUCTION EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A" DESCRIBED AS FOLLOWS. BEGINNING AT THE INTERSECTION OF THE EASTERLY MARGIN OF TUKWILA INTERNATIONAL BOULEVARD (PACIFIC HIGHWAY SOUTH) AND THE EASTERLY MARGIN OF 37 AVENUE SOUTH; THENCE NORTH 00° 54' 06" EAST ALONG SAID EASTERLY MARGIN OF 37 AVENUE SOUTH, 27.80 FEET TO A LINE THAT IS 12.00 FEET EASTERLY OF AND PARALLEL WITH THE EASTERLY MARGIN OF TUKWILA INTERNATIONAL BOULEVARD (PACIFIC HIGHWAY SOUTH); THENCE SOUTHERLY ALONG SAID PARALLEL LINE ONA CURVE ID THE RIGHT WHOSE CENTER BEARS SOUTH 65 04' 49' WEST, 2927.00 FEET, AN ARC DISTANCE OF 304 75 FEET TO THE EASTERLY MARGIN OF TUKWILA INTERNATIONAL BOULEVARD (PACIFIC HIGHWAY SOUTH); THENCE SOUTH 71° 02' 45" WEST ALONG SAID EASTERLY MARGIN, 12 00 FEET TO AN ANGLE POINT, THENCE NORTHERLY ALONG SAID EASTERLY MARGIN ON A CURVE TO THE LEFT WHOSE CENTER BEARS SOUTH 71° 02' 45" WEST, 2915 00 FEET, AN ARC DISTANCE OF 278 48 FEET TO THE POINT OF BEGINNING. CONTAINING 3,500 SQUARE FEET, MORE OR LESS. TOGETHER WITH THAT PORTION OF SAID PARCEL A DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL "A BEING ON THE EASTERLY MARGIN OF TUKWILA INTERNATIONAL BOULEVARD (PACIFIC HIGHWAY SOUTH); THENCE NORTHERLY ALONG SAID EASTERLY MARGIN ON A CURVE TO THE LEFT WHOSE CENTER BEARS SOUTH 73 16' 49" WEST, 293900 FEET, AN ARC DISTANCE OF 37.77 FEET; THENCE NORTH 72° 32' 35" EAST, 500 FEET TO A LINE THAT IS 500 FEET EASTERLY OF AND PARALLEL WITH SAID EASTERLY MARGIN; THENCE SOUTHERLY ALONG SAID PARALLEL LINE ON A CURVE TO THE RIGHT WHOSE CENTER BEARS SOUTH 72° 32' 35" WEST, 294000 FEET, AN ARC DISTANCE OF 39 40 FEET TO THE SOUTH LINE OF SAID PARCEL "A, THENCE NORTH 89° 18' 39" WEST ALONG SAID SOUTH LINE, 5 24 FEET TO THE POINT OF BEGINNING CONTAINING 193 SQUARE FEET, MORE OR LESS. TOTAL EASEMENT AREA CONTAINING 3,693 SQUARE FEET, MORE OR LESS PARCEL "A" TRACT A, CASCADE GLEN, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 214 OF PLATS, PAGES 15 THROUGH 18, INCLUSIVE, IN KING COUNTY, WASHINGTON 142260 -0210 TCE iev. doc KPG 1 \t J.N:\ SFAT fl F v1"f i. .NO. v xPiRES 10.01 O —0 30' ROW P.08 EXISTING ROW CENTERLINE KID c% 0 Rev. June 19, 2007 Architecture cw Jwp 4vlIWG"v WT.. avg.; N NW 1/4 SEC 15, T. 23 W. R 4 E, WM TAX LOT NUMBER 734060 -0926 72 W RO PROPERTY LINE 0 ,63 1 ,18 GP k ,5 .1p EX151ING r 5.00' ROW 12' TEMPORARY CONSTRUCTION EASEMENT 3,500 S. R= 2935.00' L=37 77' U —R- 2940.00' L=39.40' TRACT "A" CASCADE GLEN VOL. 214, PG 15 -18 FAX LOT NUMBER 142260 -0210 TOTAL EASEMENT AREA 3,693 SF t N.T.S. 5' TEMPORARY CONSTRUCTION EASEMENT 793 SF& P09 1524 ACAD No. 142260 -0210 TCE rev EXHIBIT A 16 2.-y Z, PARCEL 142260 -0210 TEMPORARY CONSTRUCTION EASEMENT