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HomeMy WebLinkAbout2000 - Easement Agreement - Myklebust Gerald E / Myklebust Donna R - 20001212000496Return Address: Document Title(s): F•Isement Agreement Parties: Other: CITY OF TUKWILA City Clerk's Office 6200 Southcenter Blvd. Tukwila, WA 98188 206-433-1800 Lot 23 of Tri Vista Terrace Addition 8687800115 City of Tukwila, Washington (Grantor) Mvklebust Gerald E. Last Name First Name Initials Company Name (1f business) 14718 58th Ave. South Address Tukwila WA 98168-4531 City State Zip 111111111111 1111111 U 20001212100wit6 CITY OF TUKWIL EAS 13.00 PAGE 001 OF 006 1211212000 10:59 KING COUNTY, WA CITY OF TUKWILA DOCUMENT RECORDING COVER SHEET (Grantee) Assessor's Property Tax Parcel/Account Number(s): r,•.; j• Public Works: 2/25197 This Agreement is entered into as of the day of i L 2000 by and between1 ta'/ an c/ 2:3 .4 �"Kg, /`7 J .u. Grantor') 1. Recitals. EASEMENT AGREEMENT and the City of Tukwila ("Grantee 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, an easement for ingress, egress and utilities, over, across and under that portion of Parcel A which is legally described on Exhibit "A" attached hereto and incorporated herein by this reference (`Easement 3. Purpose of Easement. The Grantee shall be entitled to use the Easement for installing and maintaining a drainage system. alley improvements and appurtenances thereof under and across Parcel A by way of the Easement. 4. General Provisions. a. 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. 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 the filing of a lawsuit, a request for an arbitration, mediation, or other altemative dispute resolution process (collectively, "Proceedings and any appeals and collateral actions relative to such a suit or 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 suit or Proceeding from the non prevailing party, in addition to such other relief as may be awarded. 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 both parties. 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. Notices. Any notice required or desired to be given under this Agreement shall be deemed given if in writing delivered to the party, or sent by certified mail to the address listed below for that party: Grantor: 4 7/�� e- Grantee: City Of Tukwilaa DATED this zIDth day of et 2000 GRANTOR: GRANTEE: STATE OF WASHINGTON ss COUNTY OF KING l certify that I know or have satisfactory evidence that 2iG //r �Ke 5 is the person who appeared before me, and said person acowledged that p signed this instrument and acknowledged it to be a free and voluntary act for the uses and purposes mentioned in the instrument. 4\� Given under my hand and official seal this day of IN �G 20 Appr. by City Attorney 1t &M =5aEZ EVeT Er; O J. 5 9 i md 00 NOTAR m Zvi y: i •.a S 9 22,2 2 9 Q tt t\ WASH' STATE OF WASHINGTON ss COUNTY OF KING Gtigf// Signature 1 Ott r c�C'CC S Ctx Tz) Print Name NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, REJDING A O v" My commissiorrrsxpires 'a co a I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person cknowledged that signed this instrument and acknowledged it to be a free and voluntary act for the uses and purposes mentioned in the instrument. l_` Given under my hand and official seal this 0 0 day of ti C' 0 20 Signature I 5 ��o CJ arbaC Print Name NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, R SIDING AT My commission/expires 3 a '1 °a cn 0 0 G N 0 0 0 cv STATE OF WASHINGTON COUNTY OF KING I certify that I know or have satisfactory evidence that .(ef 4i A1. is the person who appeared before me, and said person acknowledged that 1 �c signed this instrument and acknowledged it to be a free and voluntary act for the uses and purposes mentioned in the instrument. Given under my hand and official seal this 5- day of 20(D Ate. by C V At omey 7P'00 <t�e E ss STATE OF WASHINGTON ss COUNTY OF KING Given under my hand and official seal this day of 20 Print Name NOTARY PUBLIC IN AND FOR THE STATE OF WA P ON, RES AT Signature My commission expires I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that signed this instrument and acknowledged it to be a free and voluntary act for the uses and purposes mentioned in the instrument. Print Name NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, RESIDING AT My commission expires Property Description: Lot 423 of Tri-Vista Terrace addition, according to the plat thereof recorded in Volume 53 of plats, page 28 of records of King County. State of Washington. Easement: The easterly 10 feet of the above described property. 178.34 0'f l i rf 5j 8 e' 0 005 O 8.42 p 178.88 O 2 0 0 01 N 3 5 00 1 0 O 4 5 6 30 4o e 8 o 8.437 178.83 0 0 9 r ,0 178.3.5 0 EXHIIBIT A 20 W J J 100.0/ c<93.e2tR) /8 •S 65 e6 a 8457 0 0 180 17 4 066 16 15 001 12 b 0 0 1/ Eesr 180 10 l050 L nee., -.52 -13n. 63z8c09 6 20 180 J 23 r. 9261 E3N TU SP 84 26 SS AF840 13 820 lot l ss Lot20 to 3.1 91.01 nee moo 201 23 24 25 26 2esr 182 27 t VC let 0 5 11 LOT LOCATION 31 c j us ea se v 00 0 `O C` 0 9 0' 0 0 V) 41 0 9Q Ja l a i s ad I .6 4 I` vi to 29 t Y •b t e c. 26 y 1 Y 20 20 V ��0 l 31N,