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HomeMy WebLinkAbout2008 - Temporary Construction Easement - Mettler Nathaniel M - 20080509001105 AFTER 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: Nathaniel M. Mettler Grantee: City of Tukwila Abbreviated Legal Description: Ptn. Lots 3 -5, Block 9, Robbins Springbrook Add. To Riverton, vol. 16, pg. 57 jt4'it'T- 61 /(/is -i2- Assessor's Tax Parcel ID No.: 7359600855 THIS EASEMENT is made this S' day of i,! 2008, between NATHANIEL M. METTLER, TRUSTEE, hereinafter re ed 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" 111 1111 11111111 20080509001105 PACIFIC NW TIT EAS 46.00 PAOE001 OF 005 05/09/200B 11:23 l WA3 ob x 1 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: TEMPORARY CONSTRUCTION EASEMENT OWNER: Nathaniel M. Mettler, Trustee APN: 73596000855 PROJECT: Tukwila International Boulevard Street Improvements Page 1 of 3 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 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, provided such land contours do not interfere with the Project and/or Grantee's use of the Construction Area. 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 to sell 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. It is understood and agreed that the delivery of this Easement is tendered and that the terns 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. SEE EXHIBIT A, attached hereto and incorporated herein by this reference (hereinafter, "Construction Area IN WITNESS WHEREOF, this instrument has been executed the day and year first above ATHANIEL M. METTLER, TRUSTEE GRANTEE: CITY OF TUKWILA, a Municipal Corporation By: J•Ifl orrow] Public Works Director TEMPORARY CONSTRUCTION EASEMENT OWNER: Nathaniel M. Mettler, Trustee APN: 73596000855 PROJECT: Tukwila International Boulevard Street Improvements Page 2 of 3 496780.3/014455.00001 STATE OF WASHINGTON SS County of On this 1 Q_ day of before nee personally appeared NATHANIEL M. METTLER, TRUSTEE, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he signed and sealed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal the day and year Last above written. (SEAL) Notary Public State of Washington *ROSA M. VILLA MY COMMISSION EXPIRES July 31, 2009 TEMPORARY CONSTRUCTION EASEMENT OWNER: Nathaniel M. Mettler, Trustee APN: 73596000855 PROJECT: Tukwila International Boulevard Street Improvements blic in and for2JJ� S to of hington, residing My commission expires Page 3 of 3 Fv 496780.3/014455.00001 EXHIBIT PARCEL NO. 73 60 -0855 TEMPORARY CONSTRUCTION EASEMENT THE SOUTHWESTERLY 13.00 FEET OF THE HEREINAFTER DESCRIBED PARCEL "A EXCEPT THAT PORTION OF SAID PARCEL "A DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL "A BEING ON THE NORTHEASTERLY MARGIN OF TUKWILA INTERNATIONAL BOULEVARD (PACIFIC HIGHWAY SOUTH; THENCE NORTHWESTERLY ALONG SAID NORTHEASTERLY MARGIN ON A CURVE TO THE LEFT WHOSE CENTER BEARS SOUTH 60° 28' 16" WEST. 2915.00 FEET, AN ARC DISTANCE OF 28.16 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTHWESTERLY ALONG SAID NORTHEASTERLY MARGIN ON A CURVE TO THE LEFT WHOSE CENTER BEARS SOUTH 59° 55' 03" WEST, 2915.00 FEET, AN ARC DISTANCE OF 12.06 FEET; THENCE NORTH 60" 04' 02" EAST, 15.50 FEET TO A LINE THAT IS 15.50 FEET NORTHEASTERLY OF AND PARALLEL WITH THE NORTHEASTERLY MARGIN OF TUKWILA INTERNATIONAL BOULEVARD (PACIFIC HIGHWAY SOUTH); THENCE SOUTHEASTERLY ALONG SAID PARALLEL LINE ON A CURVE TO THE RIGHT WHOSE CENTER BEARS SOUTH 59° 40' 57" WEST, 2930.50 FEET, AN ARC DISTANCE OF 11.99 FEET; THENCE SOUTH 59° 47' 56" WEST, 15.50 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1,666 SQUARE FEET, MORE OR LESS. PARCEL 'A" LOT 5 AND THAT PORTION OF LOTS 3 AND 4, LYING EASTERLY OF STATE ROAD NO. 1, ALL IN BLOCK 9, ROBBINS SPRING BROOK ADDITION TO RIVERTON, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 16 OF PLATS, PAGE 57, IN KING COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF VACATED ALLEY ADJO!NGING SAID LOTS 3 AND 4 LYING EASTERLY OF STATE ROAD NO. i. °2. yyi r r .C1;+,, 735960 -0855 TCE.doc EXPIAGS '0- 0' -0 5 2� 0� KPG IV C` \1: SI A l 11 I 735960 -0855 2 I♦ .13 to 433 5tL�� \-3C" t.,3 p 2 a cs o o. EXISTING ROW CENTERLINE Moy 15, 2007 KPC' ASc,3terturs !.deep. Mvette<twv Civil !m„oe.rin. Urban Apgo R= 2915.0�� L= 12.06' NW 1/4 SEC. 15, T. 23 N., R. 4 E., W.M. 2 s. 1 LOT 5 POR. 3 4, BLOCK 9 ROBBINS SPRING BROOK ADDITION TO RIVERTON, VOL. 16, PG. 57 TAX LOT NUMBER 13' TEMPORARY CONSTRUCTION EASEMENT 1,248 S.F.± EXISTING ROW SLOPE AND UTILITY EASEMENT R= 2930.50' L= 11.99' 13' TEMPORARY CONSTRUCTION EASEMENT 418 S.F.± la to `p in 1 t,+`Do PROPERTY UNE TAX LOT NUMBER 735960 -0870 ACAD No. 735960 -0855 TCE EXHIBIT PARCEL 735960 -0855 TEMPORARY CONSTRUCTION EASEMENT N. T.S. 30' ROW