HomeMy WebLinkAbout2006 - Easement - International Gateway East III / Sabey Corporation - 20060613001194Return to:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
11 1 1111 I III 111 1111 111111
2006061300
CITY OF TUKWIL ERS 3
06/13/2006 1222
KING COUNTY, WR
Above this line reserved for Recorder's use
EASEMENT
Grantor /Borrower: INTERNATIONAL GATEWAY EAST III LLC, a Washington
State limited liability company
Grantee /Beneficiary: CITY OF TUKWILA, a municipal corporation of King
County, Washington.
Document Reference Number(s): D03 -128
Section/Township /Range: SW1 /4 of the SW1 /4 of Sec. 10, T23N., R.4E., W.M.
Assessor's Tax Parcel Number(s): 734060 -0602
Abbreviated Legal Description: Within Lot 8 of City of Tukwila Boundary Line
Adjustment #L02 -057 under King County Recording No. 20030327900002.
Full legal descriptions of subject property and public storm drainage easement
are legally described in Exhibits 'A -1' and 'A -2', respectively
which are attached and incorporated by
reference.
1. Recitals.
A. The Grantor is the owner of that certain real property legally
described on Exhibit 'A -1' attached hereto and incorporated herein by this
reference (Lot 8).
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EXCISE TAX NOT REQUIRED
King Comfy Records 'vision
BY: .Deputy
Src
B. This instrument sets forth the terms and conditions under which the
Grantor will grant the Grantee an easement.
2. Grant of Easement.
A. For and in consideration of one dollar ($1.00) and other valuable
consideration, the receipt of which is hereby acknowledged, INTERNATIONAL
GATEWAY EAST 111 LLC, "Grantor") grants, conveys, and warrants to the CITY
OF TUKWILA, ("Grantee") for the purposes hereinafter set forth, a perpetual
easement under, across, and over the area legally described in Exhibit A -2 and
incorporated herein by this reference.
3. Purpose of Easement.
The Grantee shall be entitled to use the easement under, across, and over Parcel
A in perpetuity for the purpose or purposes of:
Ingress, egress and maintenance of utilities
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 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 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
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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 Lot 8, 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.
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:
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CITY OF TU WILA, WASHINGTON
By:
Title: Mayor Jar le N. Harmon
Date: Title: Treasurer and Secretary
J/ /o /D Date: 1(24(„>'
Att est/Authenticated:
STATE OF WASHINGTON
)ss.
COUNTY OF KING
I certify I have know or have satisfactory evidence that James N. Harmon is the
person who appeared before me, and said person acknowledged that he signed
this instrument on oath stated that he was authorized to execute the instrument
and acknowledge as the Secretary and Treasurer of Sabey Corporation,
Manager of International Gateway East III LLC, a limited liability company, to be
the free and voluntary act of such party for the uses and purposes mentioned in
the instrument.
Dated
MARY A. HALL
STATE OF WASHINGTON
NOTARY PUBLIC
MY CPMMISSIOO ERPIRE512 -19 -05
GRANTOR
International Gateway East III LLC
By: Sabey Corporation, Manager
By: i/l.
Approved As T Form:
Cam .,1
Notary Public in nd fort e State of Washington
residing at
My appointment expires Z '0.5
P4 4 o 7
City Attorney
STATE OF WASHINGTON
ss.
County of King
On this __D day of IkkV€/ i/DA
20 [,r) before me,
the undersigned, a Notary Public in and for the State of Washington, duly
com i s or
personally appeared
and
{7 known to me to be the
May and City Clerk, respectively, 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 /she was
authorized to execute said instrument.
sioned an
en M
WITNESS my hand and official seal hereto affixed the day and year above written.
print name
Pete. 5ec
&b i N4 Baker'
NOTARY PUBLIC in and for the
State of Washington, residing at
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..N� crnsi af 619/b7
EXHIBIT "A -1"
LEGAL DESCRIPTION OF GRANTOR'S PROPERTY
That portion of Government Lot 15 and the Southwest Quarter of the Southwest Quarter,
Section 10 and the Southeast Quarter, Section 9, all in Township 23 North, Range 4 East,
W.M. in King County, Washington, described as follows:
Commencing at the west one quarter corner of said Section 10;
Thence South 01 °46'02" West along the west line thereof a distance of 107.22 feet to a point
on said line;
Thence leaving said line South 87°33'12" East a distance of 512.24 feet;
Thence South 01 °46'02" West a distance of 402.93 feet;
Thence North 88 °13'58" West a distance of 616.22 feet;
Thence South 32°09'15" East a distance of 26.64 feet;
Thence South 22°04'16" East a distance of 220.58 feet to a point on the west line of said
Government Lot 15;
Thence leaving said west line South 20 °30'45" East a distance of 471.28 feet;
Thence South 01 °46'02" West a distance of 433.06 feet to the True Point of Beginning;
Thence continuing South 01 °46'02" West a distance of 129.92 feet;
Thence South 88 °13'58" East a distance of 321.41 feet;
Thence South 01 °46'02" West a distance of 367.67 feet to the north margin of South 126
Street;
Thence North 89 °18'50" West along said margin a distance of 100.03 feet;
Thence South 01 °46'02" West a distance of 10.00 feet;
Thence North 89 °18'50" West a distance of 20.00 feet to the westerly margin of 34
Avenue South;
Thence South 01 °46'02" West along said west margin a distance of 244.07 feet to the
southeast corner of Lot C of Boundary line Adjustment No. 89- 6 -BLA, recorded under King
County Recording No. 8908161260;
Thence North 88 °48'42" West along the south line thereof a distance of 277.41 feet to the
east margin of Primary State Highway No. 1, SR 99, Pacific Highway South, said point
being on a non radial 1860.00 foot radius curve concave to the east and from which the
radius point bears North 73°28'18" East;
Thence northerly along said margin and said curve an arc distance of 134.53 feet through a
central angle of 04 °08'39" to the point of tangency;
Thence continuing along said east margin North 12 °23'03" West a distance of 409.06 feet to
an angle point on said margin;
Thence continuing along said east margin North 07 °52'07" West a distance of 229.45 feet;
Thence leaving said east margin South 89°18'15" East a distance of 252.04 feet to the Point
of Beginning.
Situate in the City of Tukwila, County of King, State of Washington.
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EXHIBIT "A -2"
LEGAL DESCRIPTION OF PUBLIC STORM DRAINAGE EASEMENT
That portion of Lot 8, City of Tukwila Boundary Line Adjustment No. L02 -057, filed under
King County Auditor's File Number 20030327900002, records of King County,
Washington, described as follows:
Beginning at the southeast corner of said Lot 8, said point lying on the north margin of
South 126 Street;
Thence North 89 °18'50" West along said north margin a distance of 42.10 feet;
Thence leaving said north margin North 20 °40'03" West a distance of 44.25 feet;
Thence North 26 °43'54" West a distance of 63.03 feet;
Thence North 67°56'14" East a distance of 32.49 feet;
Thence South 29 °46'28" East a distance of 97.64 feet;
Thence South 16°14'20" East a distance of 26.73 feet to said southeast corner of Lot 8, said
point being on the north margin of South 126 Street and the Point of Beginning.
Situate in the City of Tukwila, County of King, State of Washington.
DAVID EVANS ASSOCIATES, MC.
1620 W. MARINE VIEW DRIVE, SUITE 200
EVERETT, WA 98201
TEL: (425) 259 -4099 FAX: (425) 259 -3230
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