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HomeMy WebLinkAbout2008 - Temporary Construction Easement - Colony Square Condominium - 20080102000779AFTER 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 41*_ Grantor: Colony Square, a Washington condominium Grantee: City of Tukwila Abbreviated Legal Description: Common Areas of Colony Square, vol. 26, pg 3 -5 Assessor's Tax Parcel ID No.: 170100 -0000 -,01LE.01 &2! gt3'79 /c2. THIS EASEMENT is made this 23 F day of Oc-h 6 2007, between Colony Square, a Washington condominium, 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: TEMPORARY CONSTRUCTION EASEMENT OWNER: Colony Square APN: 170100 -0000 PROJECT: Tukwila International Boulevard Street Improvements 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: Page 1 of 3 496780.3/014455.00001 written. GRANTOR: COLONY S By: SEE EXHIBIT A, attached hereto and incorporated herein by this reference (hereinafter, "Construction Area 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 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. IN WITNESS WHEREOF, this instrument has been executed the day and year first above Its: Wes A esn F ,9o/4 GRANTEE: CITY OF TUKWILA, a Municipal Corporation Works Director By: rrtl orrow, Pubi TEMPORARY CONSTRUCTION EASEMENT OWNER: Colony Square APN: 170100 -0000 PROJECT: Tukwila International Boulevard Street Improvements Page 2 of 3 496780.3/014455.00001 STATE OF WASHINGTON ss County of On this 2 day of O 0 20 1 before me personally appeared R 0ho1, 12-- r-�.(an and to me known to be the �f of a Washington W: t •'oiQ[ Ltiaat executed the foregoing instrument, and ackn ed did instrument to be the free and voluntary act and deed of said ecMdeJHditatic_km for the uses and purposes therein mentioned, and on oath stated that are authorized to execute said instrument. (SEAL) Notray Public State of Weston *ROSA M. VILLA OMMISSION EXPIRES July 31, 2009 TEMPORARY CONSTRUCTION EASEMENT OWNER: Colony Square APN: 170100 -0000 PROJECT: Tukwila International Boulevard Street Improvements otary Public in and for the State of ashington, residing at y commission expire Page 3 of 3 496780.3/014455.00001