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HomeMy WebLinkAbout2005 - Easement - Tryon Concepts LLC - 20050518000266Return to: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Assessor's Tax Parcel Number 766160 -0210 1. Recitals. 111111111111111111111111111 200 TUKUILA CI TY 0 EAS 23.00 ENT'D SEP 01 2005 PAGE001 OF 005 KINGBCOUNT 0 Y, UA Above this line reserved for Recorder's use EASE :LENT Grantor /Borrower: TRYON CONCEPTS, LLC., a Washington limited liability compay Grantee/Beneficiary: CITY OF TLTKWL'ILA, a municipal corporation of Ping County, Washington. Document Reference Number(s): Section/Township/Range: SWI14 of the NW114, Sec. 23, T.23N., R.4E., w .M. Legal Description: THE NORTH 15 FEET OF THE EAST 65 FEET OF THE FOLLOWING DESCRIBED PARCEL. THAT PORTION OF THE SOUTH HALF OF LOT 12, SEATTLE LAND COMPANY'S 5 ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 60 OF PLATS, PAGE 90, LN ICING COUNTY, WASHINGTON, LYING EAST OF MACADAM ROAD (FORMERLY SLATE ROAD). A. The Grantor is the owner of that certain real property legally described above. 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 TEN DOLLOARS (S10.00) and other valuable consideration. the receipt of which is hereby acknowledged, TRYON CONCEPTS, LLC, "Grantor') grants, conveys, and warrants to the CITY OF TUKWILA, "Grantee for the purposes hereinafter set fortk a perpetual easement under, across, and over a portion of the Parcel described above, a depiction of said easement being attached hereto as Exhibit 'A' and incorporated herein by this reference. 3. Purpose of Easement. The Grantee shall be entitled to use the easement under, across, and over a portion of the Parcel described above, a depiction of said easement being attached hereto as Exhibit 'A' and incorporated herein by this reference, in perpetuity for the purpose or purposes of: to operate, maintain, repair, replace, improve, remove, and use the easement for storm drainage. 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 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 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 Parcel A, 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. 11. 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. IN WITNESS WHEREOF, said inUivi this (1'= day of PIA ;4005' STATE OF WASHINGTON )ss. COUNTY OF KING Authorized Signature Q i,%,� Alice. A. Deacy I. 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: have caustic} t strument to be executed I certify I have know or have satisfactory evidence that Wi //'am U.l Nith e5 Tr is /are the person) who appeared before me, and said person(g) acknowledged that he/she/they/signed this instrument on oath stated that he! 4 hey was. /were authorized to execute the instrument and acknowledge as the adge r of the Tryon Conn, pf S 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 Mardi /1, 2005 Notary Public in and or the State of Washington residing at Renfon My appointment expires DATED this /5 of (grits 1 2005. 1 GRANTEE: CITY OF TUKWILA u Mayor ATTEST: City Clerk ©E�tT H s i a A (18 LIC c' t't o f r/ S '1N'' STATE OF WASHINGTON ss. County of King On this J5 day of '1,U 20 16 before me, the undersigned, a Notary Public in and for he State of Washington, duly commissioned and swom n personally appeared hand-.] A /%PAJtx and C,41, Oc1- ruf S C.L13 Ct.Lt known to me to be the-Maya; 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. WITNESS my hand and official seal hereto affixed the day and year above written. Rc&A t M l ko_K print name RcL �t. NOTARY PUBLIC in and for the State of Washington, residing at 1-b /A» [D� .ALT- cfrofl. exp.5 -9 67 L— I I —2.' :Z f CO 0 0 r -r t D o al 1 5 ET) f ;7:, ci dr— i 1 6 7, I 1 .C..-ThZ r■ ÷1: 2-21-r:ix 1 4,- '.&'-±1 I I,I I --77 l A 3. 0 I. -q• :Z7. t.1 cc 2 EXHIBIT 'A' DEPICTION OF EASENIENT 00 1 n L Elr-61;11=1 c C•N A 0 CNI 0 z 0 0 LO \O6 0 z