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Home My WebLink About1994 - Easement Agreement - Calibuso Sandra - 9405260439'i.10. 1 OF cE10 Cep �fA EASEMENT AGREEMENT This Easement Agreement "Agreement is entered into this l day of March, 1994 by and between Sandra F. Calibuso "Grantor") and the City of Tukwila a municipal corporation "Grantee"). 1. Recitals. a. The Grantor is the owner of that certain real property legally described on Exhibit "A" attached hereto and incorporated herein by this reference "Parcel A b. This agreement sets forth the terms and conditions under which the Grantor will grant the Grantee an easement. 2. Grant of Easement. For valuable consideration, receipt and sufficiency of which is acknowledged, the Grantor grants and conveys to the Grantee, its agents and invitees an easement for ingress, egress and utilities, over, across and under that portion of Parcel A which is legally described on Exhibit "B" attached and incorporated by this reference "Easement 3. Purpose of Easement. The purpose of the Easement shall be for (a) public ingress and egress; (b) providing utilities, including but not limited to water, electricity and natural gas; and (c) any other use reasonable use, so long as such other use(s) does not unreasonably interfere with or restrict Grantor's access to and use of the subservient property legally described on Exhibit "A" a. Notices. Any notice required or desired to be given under this Agreement shall be deemed given if in writing delivered tot he party, or sent by certified mail to the address listed below for that party: Grantor: Sandra F. Calibuso 21333 108th Ave. SE Kent, WA 98031 4. Conversion of Easement. Grantor agrees that at such time the extension and development of 47th Avenue South occurs, Grantor shall dedicate a permanent Right Of Way over, under and across said easement area to the Grantee. EXCISE TAX NOT REQUIRED King Co. Records Division 5. General Provisions. DeputY Grantee: City of Tukwila 6300 Southcenter Blvd., Suite 100 Tukwila, WA 98188 Attn.: Department of Public Works b. Applicable Law. This Agreement 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 Agreement shall be exclusively in the state and federal courts of King County, Washington. c. Attorneys' Fees. In the event that any suit or other proceeding is instituted by either party to this Agreement arising out of or pertaining to this Agreement or the relationship of the parties, including but not limited to filing suit or requesting an arbitration, mediation, or other alternative dispute resolution process (collectively, "Proceedings and appeals and collateral actions relative to such a suit or Proceeding, the substantially prevailing party as determined by the court or in the Proceeding shall be entitled to recover its reasonable attorneys' fees and all costs and expenses incurred relative to such suit or Proceeding from the substantially non prevailing party, in addition to such other relief as may be awarded. GO' IT Hd 900 51180338 A1Nf00 9HI;i WV 00:0S :60 d. Entire Agreement. This Agreement contains the entire agreement between the parties with respect to this matter. It may not be modified except in writing signed by the party against whom enforcement of the modification is sought. e. Waiver. The waiver by a party of a breach of any provision of this Agreement 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. f. Severability. If for any reason any portion of this Agreement 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 Agreement and the remaining portions of this Agreement shall remain in full force and effect. g. Binding Effect. This Agreement 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 shall be appurtenant, shall touch and concern the real property described herein, and shall run with the land. 6. Revocation of Warranty Deed. This easement shall supersede, replace and revoke that certain Statutory Warranty Deed dated February 28, 1994, recorded under recording number 940302 -0758. DATED this the 47e% day of March, 1994. STATE OF WASHINGTON) COUNTY OF K 1 N G ss. GRANTOR: Sandra F. Calibuso GRANTEE: City of Tuk ila, a municipal corp. ration By: Its: Date: ti IPIJ t I certify that I know or have satisfactory evidence that SANDRA F. CALIBUSO signed this instrument and acknowledged it to be a free and voluntary act for the purposes mentioned in this instrument and on oath stated that she is authorized to execute said instrument. DATED this the day of March, in the year 1994. 11 ,11,11,,,,,_ M 0 q Notary Pu is in and or the State of Washington `9 Residing at e ord Z 0l 5 10N e ''GO PrintlType Nam c NOTARY of My Commission expires 0 PUBUC 2 EXHIBIT A Parcel A THE SOUTH 65 FEET OF THE NORTH 130 FEET OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M.,KING COUNTY WASHINGTON. EXCEPT THE SOUTH 3.48 FEET LYING WEST OF THE EAST 82 FEET THEREOF; (ALSO KNOWN AS LOT B CITY OF TUKWILA LOT LINE ADJUSTMENT NUMBER L92 -0058 RECORDED UNDER RECORDING NUMBER 9209100847.) EXHIBIT B EASEMENT THE EAST 25 FEET OF LOT B CITY OF TUKWILA LOT LINE ADJUSTMENT NUMBER L92 -0058 RECORDED UNDER RECORDING NUMBER 9209100847 C I T Y OF T U K W I L A For Mayor's Office Only: I N F O R M A T I O N P A P E R Mayor City Admin Filed DEPARTMENT: Public Works DATE: April 1, 1994 SUBJECT: Calibuso Easement Agreement 15849 47th Ave S BACKGROUND TO allow for adequate public access and utility rights allowing for the single family development at 15849 47th Ave S, Sandra F. Calibuso, owner of the property to be developed has provided a 25 -foot wide easement fronting her property along 47th Ave S. This easement is needed for ingress, egress and utilities. ACTION TAKEN Sandra F. Calibuso has entered into an Easement Agreement (attached) to grant and convey to the City of Tukwila an easement for ingress, egress and utilities over her property (15849 47th Ave S). RECOMMENDATION Accept Calibuso Easement Agreement and authorize Mayor to execute. The property owner requests a copy of the recorded easement. PF:ad Attachments (2) cf: City Clerk (original Easement Agreement) Development File: Calibuso Single Family PW Easement File (10:112) Initials Date For Your Information Response Requested Immediate Response Requested 9405260439 6/41.7:: /on ..1( :17 CA Li r/ON: .r2.,-■ A vc2/0' Y7',/11V M c 19 -,r7/ C 7 7 4 1,t2./•,' 7. VC,/ fy C,/' '''C'..T.f.:"-.C./,4-..Zil /0 e4i99 45 12(9 77.54171/76. .7.4/ 04,10,./% 715 y• 6.%-- (P e /7 %PAN Ili rzlis \J CO377,0 e i ei 47,17 CZ. CY:WC. /C-cy'r) 4 4 7 A vdf. ,20 Fero- 7" 0/774:2 Cons-A-uo. 3" 6 V tAverV/ s 7‘47// new WelP10 frrev 0+- box ,bee „frion//ne ki/o eine b", Lf•IT ilwir BMW 06 -1 \i' kLI CI; Al I V .00 £)(A5/. /0 -t-,o-'e Weafe e•azs 114 7 7:57„.z xl.57` kvb/ er cVX.5 S7 17 5e-4es iv 16 to 10110e■ .70 AC( y v, 'der cv 47 die yew .4 firo vide b A "-ev-rc. Cre. C 0 CAS 0/ 25 .14'/ •14(10117_Z,4A9 WriLl riE 6 e .200 Ze•Ce c ;44./.0e■ r /E oer.•0 /bt- c 43 .7 e-x. M74 MLA, l'�q s J City of Tukwila John W. Rants, Mayor y `o Department of Public Works Ross A. Earnst, A E., Director 1908 July 24, 1997 KC Dept of Assessments 500 Fourth Ave Room 700A Seattle, WA 98104 -2384 Dear Sir or Madam; Enclosed are copies of two legal documents which were both recorded in 1994. The first document was a Statutory Warranty Deed which conveyed property to the City of Tukwila from Sandra F. Calibuso, the grantor. The property's tax parcel number is 22- 23- 0491 -09. This deed was recorded under 9403020758. The second document, an Easement Agreement, was recorded under 9405260439. This easement also pertains to the conveyed property. The agreement has three purposes: 1.) this agreement to supersede, replace, and revoke the Statutory Warranty Deed recorded under 9403020758, 2.) establish an easement for public ingress egress, utilities, and for other reasonable use, and 3.) dedicate a permanent Right Of Way to the City by the grantor when the extension and development of 47th Avenue South occurs. In regards to purpose #1, the City requests tax parcel number 22 -23- 0491 -09 be taken out of the City's name and put in the name of the current owner of record, Robert Mahler, located at 15859 47th Ave S, Tukwila, WA 98188 -2718. Please contact me at 206/433 -0179 if you have any questions or concerns. Sincerely, L� Phil Fraser Senior Engineer Enclosures cc: KC Records and Elections Division Richard Takechi, City of Tukwila Accountant 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone. (206) 433 -0179 F ax (206) 431 3665