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Home My WebLink About2001 - Easement Agreement - Estate of Mary Green / Daniel Farr - 20010702001739Return Address: Document Title(s): Easement Aereement Parties: Other: Estate of Mary Green 0042000095 CTTI' OF TUKWILA Office of the City Clerk 6200 Southcenter Blvd. Tukwila, WA 98188 (206) 433-1800 City of Tukwila, WA 6200 Southcenter Boulevard Tukwila WA 98188 c/o Daniel Farr, Attorney for Estate 3255 Griffin Enumclaw CITY OF TUKWILA DOCUMENT RECORDING COVER SHEET WA 98022 Service Location: 4230 S 150 St Tukwila WA 98178 Legal Description: The w est half lot 17, Lot 18 and Lot 19 except the nest 100 ft thereof, Block 1, Second Addition to Adam's Home Tracts. Assessor's Property Tax ParceUAccount Number(s): 11111 I 1$ 1 20010702001739 TUCKWILA CITY EPS 12.00 PAGE 001 OF 005 07/02/2001 15:22 COUNTY, m CM N a r. 0 EASEMENT AGREEMENT This Agreement is entered into as of the r day of A"e! 20 d/ by and between the Estate of Mary Green. Daniel Farr. Atfomev for Estate. 3255 Griffin. Enumclaw, WA 98022 "Grantor) and the City of Tukwila 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). Abbreviated Legal Description: The west half of Lot 17, Lot 18, and Lot 19; EXCEPT the west 100 feet thereof, Block 1, Second Addition to Adams' Home Tracts, according to the plat thereof recorded in Volume 12, of Plats, page 90, in King County, Washington. Assessor's Tax Parcel No.: 0042000095 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 storm drainage, 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 removing. replacing and maintaining a 36 -inch culvert drainage system and appurtenances thereof under and across Parcel A by way of the Easement. 4. General Provisions. 110130tOg 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 concem the real property described herein, and shall run with the land. b. Applicable Law. This Agreement shall be govemed 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. Cr) r., 0 0 0 cv 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 attomeys' 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. Severabilitv. 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: Estate of Mary Green c/o Daniel Farr, Attorney for Estate 3255 Griffin Enumclaw, WA 98022 Grantee: City of Tukwila Public Works Department 6300 Southcenter Blvd. Tukwila, WA 98188 DATED this GRANTEE: in r 0 0 r Q STATE OF WASHINGTON ss COUNTY OF KING 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. Given under my hand and official seal this 20 O/ Appr. by Cy Attorney 116•100 C?:r;scr 2n £sE'✓•r e.=-es) STATE OF WASHINGTON ss COUNTY OF KING I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that hp 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 2001 day of re nee ij Signature r1,CsFFLL£ APA'27s Print Name NOTARY PUBLIC IN AND FOR THE STATE OF W HINGTON, RESIDING AT et) (04 My commission expires 1/ y 0 day of iikne_f atre v f. Pn Print Name NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, RESIDING AT V1,r Y1GL t Inj� My commission expires 5-q'Q3 c') J CV 0 0 Exhibit `A' POR MEADER HENRY —D C #46 COMM INTSN OF MONUMENT LN OF SECONDARY ST HWY 2M, WEST VALLEY HWY, BEING 72 FT WLY, MEAS AT R/A TO ELY MGN WITH MONUMENT LN OF S 158TH ST BEING 28 FT S OF AS MEAS AT R/A TO NLY R/W LN SD INTSN BEING REPRESENTED BY A PUNCHED R/R SPIKE TH N 07 -41 -30 W ALG MONUMENT LN SD SECONDARY HWY 2M DIST 261.51 FT TH S 85 -21 -00 W 78.11 FT TO WLY R/W LN TPOB TH N 07 -41 -30 W 248.39 FT TH N 88 -04 -26 W 170 FT M/L TO ELY LN OF ORDINARY HIGH WATER OF GREEN RIVER AS EXISTED PRIOR TO C/L CHANNEL CHANGE OF GREEN RIVER AS SHOWN ON SR 405 GREEN RIVER INTERCHANGE STA99 +00 TO STA 120 +00 APPROVED 1 -30 -62 TH SWLY ALG SD ELY LN TAP FR WCH TPOB BEARS S 85 -21 -00 W FR SD PT TH N 85 -21 -00 E 440 FT M/L TO TPOB