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HomeMy WebLinkAbout2000 - Easement - International Gateway East / Qwest - 20001019000148• • RETURN TO TESINC, INC 10029 S TACOMA WAY, SUITE E -8 LAKEWOOD, WA 98499 Nil 111 I 20001019000148 BAILEY EAS 11 PAGE 001 O p004S 11 pp KING COUNTY, WA RECORDING INFORMATION ABOVE EASEMENT Riw # (,t jA 000 13 (.i The undersigned Grantor(s) INTERNATIONAL GATEWAY EAST II1. LLC for and in consideration of "MUTUAL BENEFIT" Dollars ( $ -0- ) and other good and valuable consideration, the receipt whereof is hereby acknowledged, do hereby grant and convey unto Qwcst Corporation, a Colorado Corporation, hereafter referred to as "Grantee ", whose address is 1801 California St . Suite 5100, Denver. CO 80202 its successors, assigns, lessees, licensees, and agents a perpetual easement to construct, reconstruct, modify, change, add to, operate, maintain, andxg js such telecommunications facilities, : •• , .nd artenances, from time to time, as Grantee may require upon, over, under and across the following yo descnbed land situated in the County of KING, State of WASHINGTON, which the Grantor owns or in which the Grantor has any interest, to wit LOT 3 BLK 12 & LOT 5 BLK 39 CD CM SECTION 10 TOWNSHIP 23N RANGE 04E TAX PARCEL # 734560 0885 & 734060 0602 SEE EXHIBIT(S) "A & B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF U CD (1) A temporary right -of -way to be used during all penods of construction, reconstruction, reinforcement, repair and removal upon a strip of land -0- feet wide on the -0- side of, and a stnp of land -0- feet wide on the -0- side of said easement Grantor further conveys to Grantee the following incidental rights (2) The right of ingress and egress over and across the lands of Grantor to and from the above - descnbed property and the right to clear and keep cleared all trees and other obstructions as may be necessary for the Grantee's use and enjoyment of the easement area Grantee shall indemnify Grantor for all damages caused to Grantor as a result of Grantee's negligent exercise of the nghts and pnvileges herein granted Grantee shall have no responsibility for pre - existing environmental contamination or liabilities Grantor reserves the nght to occupy, use and cultivate said easement for all purposes not inconsistent with the rights herein granted Grantor convenants that he /she /they is /are the fee simple owner of said land or in which the Grantor has any interest and will warrant and defend title to the land against all claims Grantor hereby covenants that no excavation, building, structure or obstruction will be constructed, erected, built or permitted on said easement area and no change will be made by grading or otherwise to the surface or subsurface of the easement area or to the ground immediately adjacent to the easement area The rights, conditions and provisions of this easement shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors and assigns of the respective parties hereto Page 1 of 4 EXCISE TAX NOT REQUIRE' tag ounty Reconis Divisir' BY. Deputy • • RECORDING INFORMATION ABOVE Any claim, controversy or dispute arising out of this Agreement shall be settled by arbitration in accordance with the applicable rules of the Amencan Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof The arbitration shall be conducted in the county where the property is located Dated this Grantor Grantor Grantor Grantor day of Oc_iruk.),21e- (Individual Acknowledgement) STATE OF WASHINGTON COUNTY OF } )ss } The foregoing instrument was acknowledged before me this day of , 20, by (SEAL) Notary public My commission expires RJW # IA)Ar00b 136 Exchange CHERRY , 20oo International Gateway East 111, LLC (Official name of company or Corporation) By 4 AAMES N HARMON, CFO Its f O cc SABEY CORPORATION )MANAGER (SEAL) Attest Secretary of Corporation (Corporate Acknowledgement) STATE OF WASHINGTON COUNTY OF } )ss } The foregoing instrument was acknowledged before me this (o't — day of r , 20 c.(), by of -a....(4.474 C e >o a (1) akc' ` 4.61 u).A ,� Corporation, ptr*aIU `'� corpor anon: 44,, ; " 0. a35.',; ($EA L , _� ,,, 0,_ J . 4 a. Notary Public My Commission expires y- ls---0(-1 Job # 02WC475 County KING Y. Section SW Section 10 Township 23N Range 04E Page 2 of 4 • • EXHIBIT "A" LEGAL DESCRIPTION LOTS AFFECTED BY THE 10' QWEST AERIAL CABLE AND GUY ANCHOR EASEMENT PARCELS B AND C, CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO 89-6 - BLA, AS RECORDED UNDER KING COUNTY RECORDING NO 8908161260, RECORDS OF KING COUNTY, WASHINGTON AREA OF THE 10' QWEST AERIAL CABLE AND GUY ANCHOR EASEMENT A 10 FOOT WIDE EASEMENT FOR AERIAL TELEPHONE CABLES AND GUY ANCHOR PURPOSES, BEING A PORTION OF PARCELS B AND C, CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO 89 -6 BLA, AS RECORDED UNDER KING COUNTY RECORDING NO 8908161260, RECORDS OF KING COUNTY, WASHINGTON, LOCATED IN GOVERNMENT LOT 15 AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, SECTION 10, TOWNSHIP 23 NORTH, RANGE 4 EAST, W M , IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS THE SOUTH 5 FEET OF VACATED SOUTH 126TH STREET FROM THE EASTERLY MARGIN LINE OF TUKWILA INTERNATIONAL BLVD (ALSO KNOWN AS PACIFIC HIGHWAY SOUTH) TO THE WEST MARGIN LINE OF 34TH AVENUE SOUTH, ALSO, THE NORTH 5 FEET OF PARCELS B AND C, CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO 89 -6 -BLA, AS RECORDED UNDER KING COUNTY RECORDING NO 8908161260, RECORDS OF KING COUNTY, WASHINGTON ca EXCEPT THAT PORTION THEREOF WITHIN AND UNDER THE EXISITNG BUILDING (COMMONLY KNOWN AS 12606 PACIFIC HIGHWAY SOUTH) SITUATED IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON GRANTEE WILL MOVE ANY FACILITIES AND /OR EQUIPMENT WITHIN 180 DAYS OF WRITTEN NOTIFICATION AT GRANTOR'S EXPENSE RIW REF# WA 00023' PARCEL #734560 0885 & 734060 0602 CPD#02WC475 Page 3 of 4 • • EXHIBIT "B" PORTION OF THE SOUTHWEST QUARTER, SECTION 10, TOWNSHIP 23 NORTH, RANGE 4 EAST, KING COUNTY, WASHINGTON 1 1\ x.V./ N84'18'50 "W '�'� -( 112 73' -\ 1 ld4. o N w, \l � ' 1 Cl, 1 l zi o N r0 CO 1 - co q cn. o LA lo 2 1 QWEST EASEMENT 10' STRIP N ;CALE; 1 "•100' 1 I u+a� o `� EXIST. UILRING �itb 4 Q 18 1 ♦000 I ,11� G wow QG5 1 4 s 2 } z 1 1 1 ' I 1 277 34r 1 I Z 388 48 2 W 2 ''1 1 \ \ N 1< ' \ r- \-- �p1�- 6 ---1 1= !� \ `$ 1 \ Uf ws -R19f, I 1 \ N L. \ QP %" —I 1 11 I I f I 1 1 1' T. I 1 � C 3PS N I 1, 1 1 �•- a 1 Q 1 0\ `pz �0. 1 LN 411, I c. <4, I G1 I t►��ti� � PSG' � 0 Ep i %°4`Y�E dik I v ' PS I '6Gpj oe o111 14 y , 33891 e 5Q"w 280.12' cv c SotiThf 126TH STREET \ :.-1--":"2.7T2.7_7:72.---T-1—.1:f —Z=7 r 1 1 CABLE dc GUY ANCHOR' co— 1 PURPIOSES \ i-. C °1n z \ \ 9 I 4412_ � 601' 16 15 R/W REF # (AA DOO 2,3C PARCEL #734560 0885 & 734060 0602 CPD #02WC475 1 389704 41 W + Page 4 of 4