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Home My WebLink About2017 - Public Sidewalk and Utility Easement - Resilience Holdings - 20170308001334Return to: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 111111111 111111111111 20170308001334 MILLENNIAL BUI EAS 80.00 PAGE -001 OF 008 03/08/2017 15:07 KING COUNTY, WA EXCISE TAX NOT REQUIRED King C•. R By ision Above this line reserved for Recorder's use r PUBLIC SIDEWALK AND UTILITY EASEMENT Grantor: RESILIENCE HOLDINGS, LLC, a Washington State limited liability company Grantee: CITY OF TUKWILA, a municipal corporation of King County, Washington. Document Reference Number(s): Section/Township /Range: Portion of the NE1 /4 of the NE1 /4, Sec. 22, T.23N., R.4E., WM Assessor's Tax Parcel Number: 004000 -0505 Full Legal Description: LOT 5, BLOCK 4, ADAMS HOME TRACTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING COUNTY, STATE OF WASHINGTON. 1. Recitals. 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. Page 1 of 8 2. Grant of Easement. A. For and in consideration of TEN DOLLARS ($10.00), and other valuable consideration, the receipt of which is hereby acknowledged, RESILIENCE HOLDINGS, LLC ( "Grantor ") grants, conveys, and warrants to the CITY OF TUKWILA, ( "Grantee ") for the purposes hereinafter set forth, a non - exclusive perpetual easement under, across, and over the easement area, a legal description of said Easement Area being attached hereto as Exhibit 'A' and as depicted in Exhibit 'B', which are attached and incorporated herein by this reference. 3. Purpose of Easement. The Grantee shall be entitled to use the easement under, across, and over the Easement Area in perpetuity for the purpose or purposes of: Use by the Public of Public Sidewalk; and construction, maintenance, and use of Public Sidewalk and Utilities, within the Easement Area. 4. General Provisions. A. Access. Grantee shall have the right of access to the easement under, across, and over the Easement Area to enable Grantee to exercise its rights hereunder. Grantee shall not materially interfere with the use and enjoyment of the Property, or any business operations thereon, by Grantor or its officers, agents, employees, tenants, or invitees. 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, employees, tenants, and invitees 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. Page 2 of 8 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 on Page 1 of this Easement, 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. H. 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. Page 3 of 8 I. Grantee shall pay, as its sole obligation, all costs and expenses to install, maintain and keep in repair the utilities Grantee locates under, across, over or on the Easement Area. J. 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: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 RESILIENCE HOLDINGS, LLC 6830 South 220th Street Kent, WA 98032 Property Owne / Grantor • at Page 4 of 8 STATE OF WASHINGTON ) )ss. COUNTY OF KING ) I certify I know or have satisfactory evidence that 1-7D �� Yv` ,-rt-ri i�iG -- is the person(s) who appeared before me, and said person(s) acknowledged that he signed this instrument on oath stated that he was authorized to execute the instrument and acknowledge as the MA-10A-6, fJ C> u��w �--� of RESILIENCE HOLDINGS, 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 747-47/1 Notary Public in and for the State of Washington residing at J cis r "1 My appointment expires ‘1 2-/ / 19 JOHN EVERETT NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES JUNE 29, 2019 Page 5of8 DATED this day of Kv-L% 11 , 2017. GRANTEE:,CITY OF TUKWILA. X16 Mayor Attest/Au henticcated: City Clerk Approved As To Form by City Attorney STATE OF WASHINGTON ) ) ss. County of King ) On this � day of r\/U4 - L t' , 2017, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Allan Ekberg, known to me to be the Mayor 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 was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year above written. ‘.MBER lirr P � i D&.rc Atmb &r )(L print name o Notary Public in and for t hetate of Washington residing at My appointment expires ( a- j � - Ii Page 6 of 8 °EXHIBIT 'A' LEGAL DESCRIPTION OF PUBLIC SIDEWALK AND UTILITY EASEMENT The Northern most 10 feet of the following described Owner's / Grantor's property legal description. LOT 5, BLOCK 4, ADAMS HOME TRACTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING COUNTY, STATE OF WASHINGTON. Page 7 of 8 EXHIBIT 'B' DEPICTION OF PUBLIC SIDEWALK AND UTILITY EASEMENT 0 SOUTH 144TH STREET S87'49'17'E 126.30'(C) 126.4'(R2) F iI iiii o l/7io7 /Tll%rl 7 iJ- +11 h5.00' r�- r ij11/ z 10' STREET BSBL u1 / / /Ill L 1/'1/1 ("- m • R, o C N �c o J o -4 Co °?c I, v rn O =I mao 01 m -N U y m. a rrl Ir F2 Z� y L 5' SIDE BSBL r 5' SIDE BSBL S88'46'48 "E .01 J n N V W Q.4:2) u4 I 8 03 -rl 5' SIDE BSBL —o ti .c o R o 5' SIDE BSBL o N Ini .J 1 NTS L 5' SIDE BSBL J r O J ,Zb'Z6 3 „Zl,f I.ION 126.28' 1 _. —.-- c F a m I o N� Z I Zo v 1 • ~ coI ,-� co S8846'48 "E 50.00' I00�‘�� L/1 2. •" - - S88'46'48 'E 126.27' N88'46'48)41 50.00' IJ I- ° N O O N J Z I l ti W to r- - . J Page 8 of 8 0 0 P n ox 0 O 00 0- P IL= ' z 0-• m �j Cr) cT —� I H!i 01 CVi