HomeMy WebLinkAbout2010 - Easement - Lily Pointe Investments - 20101004002883Recording Requested By and
When Recorded Mail To:
The City of Tukwila
Office of the City Clerk
6200 Southcenter Blvd
Tukwila, Washington 98188
1
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EASEMENT t _H' tAtI nu
/02r -ice
Grantor: Lily Pointe Investments, LLC, a Washington Limited Liability Company
Grantee(s): The City of Tukwila, a municipal corporation of the State of Washington,
and The King County Flood Control Zone District, a quasi municipal
corporation of the State of Washington
Legal Description (abbreviated): Ptn. NW1 /4, 36 -23 -04
Additional legal description on page 7, hereinafter called Exhibit A.
Assessor's Tax Parcel: 362304 9087 -04
Project: Tukwila -205 Site 3 Levee Repair
THIS AGREEMENT made this,3D day of r 2010, by and between Lily
Pointe Investments, LLC, a Washington Limited Liability Company, hereinafter called
the Grantor, and The City of Tukwila, a municipal corporation of the State of
Washington, and The King County Flood Control Zone District, a quasi municipal
corporation of the State of Washington, hereinafter collectively called the "Grantees
Grantor, for and in consideration of the sum of three hundred forty three thousand
dollars ($343,000.00) (plus interest at a rate of 9% per annum from May 19, 2008),
the receipt and adequacy of which is hereby acknowledged, hereby grants and
conveys to the Grantee(s), their successors and assigns, agents and licensees certain
easements as described below (the "Easements for the purposes set forth herein,
under, over and upon those limited portions of the Property described in Exhibit A,
which Easements are more particularly described in Exhibits B, C, and D attached
hereto, and by this reference made a part hereof, situated in King County,
Washington:
1. Flood Protection Levee Easement. A perpetual and assignable right and easement
in, on, over and across the land described in Exhibit B to construct, maintain, repair,
operate, patrol and replace a flood protection levee, including all appurtenances thereto;
E;LISETAX
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reserving, however, to the Grantor, its heirs, successors and assigns, all such rights and
privileges as may be used without interfering with or abridging the rights and easement
hereby acquired; subject, however, to those defects and/or encumbrances (if any) identified
on Exhibit E. On the flood protection levee in this easement, Grantor shall not install,
construct, alter, or remove any structures or improvements, or plant, trim, or remove any
vegetation, without prior approval of Grantee(s).
2. Perpetual Road Easement. A perpetual and assignable easement and right -of -way
in, on, over, and across the land described in Exhibit C for the location, construction,
operation, maintenance, alteration and replacement of a levee access road and
appurtenances thereto; together with the right to trim, cut, fell, and remove therefrom all
trees, underbrush, obstructions and other vegetation, structures, or obstacles within the
limits of the Levee access road right -of -way; reserving however, to the Grantor, its heirs,
successors and assigns, the rights to cross over or under the easement and right -of -way
for access to their adjoining land; subject however, to existing easements for public roads
and highways, public utilities, railroads, pipelines, and those defects and/or encumbrances
(if any) identified on Exhibit E.
A map showing the location of said easement areas (the "Easement Areas is attached as
Exhibit D.
Except on the flood protection levee itself, Grantor shall have the right to place locked
bollards across access to the Flood Protection Levee Easement and Road Access
Easement (collectively the "Easements so long as the Grantee(s) are provided a key or
combination to access the Easements. Grantee(s) shall give reasonable notice to the
Grantor prior to any use of the Easement Areas for the use, operation or hauling of heavy
equipment, including, but not limited to, dump trucks, excavators and bulldozers.
Nothing in this grant shall be deemed to be a grant of access to the general public or for
recreational uses. The scope of this grant is expressly limited to the Grantee(s), their
employees and contractors, for the limited purposes described in this Agreement.
If in the use of the Easements granted above, the Grantee(s) shall damage other property
of the Grantor or shall cause damage to the Easement Areas as a result of activity that is
not permitted by this Agreement, each Grantee shall repair, replace and restore, at the
Grantee's sole expense, said damage.
Each Grantee shall maintain and keep in full force and effect a policy of general liability
insurance in an amount not Less than One Million Dollars per occurrence, and provide
Grantor with a certificate of insurance or self insurance and will name Grantor, its
successors and assigns as Additional Insureds in the event one or both of the Grantee(s)
should choose not to self insure. Each Grantee may self insure its obligations hereunder.
Other than in the event of Grantor's gross negligence, each Grantee shall indemnify and
hold Grantor, its successors and assigns harmless from all claims, damages or causes of
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action, including attorneys' fees and court costs, arising from that Grantee's use of the
Easements.
The rights, conditions, covenants and provisions contained in this Agreement shall inure
to the benefit of and be binding on the parties hereto and their respective heirs,
administrators, executors, successors and assigns and shall run with the land.
WITNESSETH, the said Grantor has hereunto signed their names the day and year first
above written.
GRANTOR: Lily Pointe Investments, LLC, a Washington Limited Liability Company
BY
BY
GRANTEE: The City of Tukwila, a municipal corporation of the State of Washington.
GRANTEE: King County Flood Control Zone District, a quasi municipal corporation
Acting pursuant to Resolution No. FCZD2008 -01.2 of said Grantee
Name: Ts, r,A,S
BY:
Title: Vy
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STATE OF WASHINGTON
COUNTY OF KING
ss.
On this 54- day of Oal 2010, before me, the undersigned, a Notary
Public in and_for the State of Washington, duly commissioned and sworn, personally
appeared r 7($'// to me known to be the
person who signed as /C-1A of Lily Pointe Investments, LLC, a
Washington Limited Liability Company that executed the within and foregoing
instrument, and acknowledged said instrument to be the free and voluntary act and deed
of said Limited Liability Company for the uses and purposes therein mentioned, and on
oath stated that he /she was duly elected, qualified and acting as said officer of the
Limited Liability Company, and that he /she was authorized to execute said instrument on
behalf of said Limited Liability Company.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year
first above written.
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Print Name: e(A 07r7v
Notary Public in and for the State of
Washington, residing at cc
My commission expires: C%
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ss.
COUNTY OF KING
On this 30 day of j112 Vtt /tr 2010, before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally
appeared ZiM -0(4:7SECTDM to me known to be the
person who signed as N,1/1`f D Z of the City of Tukwila, a
municipal corporation of the State of Washington, that executed the within and foregoing
instrument, and acknowledged 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
He. was duly elected, qualified and acting as said officer of the corporation, that
was authorized to execute said instrument and that the seal affixed, if any, is the
corporate seal of said corporation.
STATE OF WASHINGTON
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year
first above written.
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Print Name: A e.41 `oSw R. ttaeY4—
Notary Public in and for the State of
Washington, residing at �i.1 .uitbu
My commission expires: 110//2-
STATE OF WASHINGTON
COUNTY OF KING
I certify that I know or have satisfactory evidence that P 1,3J?Ni is the
person who appeared before me, and said person acknowledged that he signed this
instrument, on oath stated that he is authorized to execute the instrument and
acknowledged it as the bc-29,7y Je /1(N 2s b,czr=u Pia
King County, acting on behalf of the King County Flood Control Zone District pursuant
to Resolution FCZD2008 -01.2 of said District to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
Dated: 9'/ /5rJ /l2
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s s.
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Printed name
Notary Public in and for the
State of Washington
Residing at JJO
My appointment expires 4/��,/y
of
EXHIBIT A
UNDERLYING PROPERTY PARCEL(S)
LEGAL DESCRIPTION
That portion of Section 36, Township 23 North, Range 4 East, W.M., in King
County, Washington, described as follows:
Beginning at the northwest corner of said Section 36;
Thence south 01 °19'01" west along the west line of said Section 36, a distance of
1,355.89 feet;
Thence easterly along a curve to the left, the center of which bears north 02 °45'45"
east, having a radius of 336.00 feet, an arc distance of 9.00 feet, through a central
angle of 01 °32'04" to the south line of the north 36 feet of Government Lot 4 in said
Section 36;
Thence south 88 °46'19" east along said south line a distance of 372.81 feet;
Thence south 01 °13'41" west a distance of 305.00 feet;
Thence north 88 °46'19 west a distance of 50.00 feet to the TRUE POINT OF
BEGINNING;
Thence south 88 °46'41" east along a line 100 feet south of and parallel to the south
line of that parcel of land leased to Sperry Rand Corporation as surveyed and
monumented on the ground in 1968, and recorded under King County Recording
Number 6356645, a distance of 420.58 feet, more or less, to the top of the left bank
of the Green River;
Thence along said top of the left bank of the Green River the following courses and
distances:
south 07 °00' east a distance of 115 feet;
south 01°06' west a distance of 104 feet;
south 09 °12' west a distance of 106 feet;
south 26 °49' west a distance of 102 feet;
south 47 °21' west a distance of 103 feet;
south 60°15' west a distance of 40 feet;
south 74 °35' west a distance of 60 feet;
Thence west a distance of 106 feet;
north 67 °30' west a distance of 107 feet;
north 26° 19' west a distance of 104 feet;
north 20 °22' west a distance of 103 feet;
north 21 °54' west a distance of 105 feet;
north 32 °38' west a distance of 116 feet;
north 44 °04' west a distance of 34 feet, more or less, to a point from which the
TRUE POINT OF BEGINNING bears north 69 °38'41" east;
Thence leaving said top of left bank north 69 °38'41" east a distance of 225 feet more
or less, to the TRUE POINT OF BEGINNING.
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Levee Access:
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EXHIBIT C
PERMANENT ACCESS ROAD EASEMENT
LEGAL DESCRIPTION
That portion of Section 36, Township 23 North, Range 4 East, W.M., in King
County, Washington, described as follows:
Beginning at the northwest corner of said Section 36;
Thence south 01 °19'01" west along the west line of said Section 36, a distance of
1,355.89 feet;
Thence easterly along a curve to the left, the center of which bears north 02 °45'45"
east having a radius of 336.00 feet, an arc distance of 9.00 feet, through a central
angle of O1 °32'04" to the south line of the north 36 feet of Government Lot 4 of said
Section 36;
Thence south 88 °46'19" east along said south line a distance of 274.87 feet;
Thence along a curve to the right, the center of which bears south 01 °13'41" west
having a radius of 50.00 feet, an arc distance of 78.54 feet, through a central angle of
90 °00'00'';
Thence south 01 °13'41" west a distance of 255.00 feet to the TRUE POINT OF
BEGINNING;
thence south 88 °46'19" east a distance of 48.00 feet;
thence south 01 °13'41" west a distance of 33.27 feet;
thence along a line hereinafter referred to as line "X south 69 °38'41" west a
distance of 259.75 feet more oit less to the westerly boundary of property described
in Exhibit "A" herein;
thence northerly and along said westerly boundary to a point on a line distant 30 feet
northwesterly of said line "X" measured perpendicularly thereto;
thence north 69 °38'41" east to a point which bears south 01 °13'41" west from the
TRUE POINT OF BEGINNING;
thence north 01°13'41" east 20.00 feet more or less, to the TRUE POINT OF
BEGINNING.
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EXHIBIT D
MAP OF PROPERTY AND EASEMENTS
Tukwila 205: Site 3 Easements
Temporary Staging and Work Area Easement
Permanent Levee Easement
Permanent Access Easement
Parcel Boundaries
76
160 Feet
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