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HomeMy WebLinkAbout2000 - Utility Easement - Boyd Real Estates Investments - 20000609001021Return Address: CITY OF TUKWILA City Clerk's Department 6200 Southcenter Blvd. Tukwila, WA 98188 (206) 433 -1800 CITY OF TUKWILA DOCUMENT RECORDING COVER SHEET Document Title(s): Utility Easement for Lot 17 Brookvale Garden Tracts Parties: Other: City of Tukwila. Washington Last Na r e Company Name (if business) C J Il.\ First Name Boyd Real Estates Investments, Inc. 3645 Wallingford Ave. North Address PAGE 001 OF 006 06/09/2000 13:32 KING COUNTY, UA Seattle WA City State Assessor's Property Tax Parcel /Account Number(s): I 2- 01 79-(0 f15 72-o 1110Hr! 1 20 000609001021 EOYO REAL ESTR ERS 13.00 In 98108 Zip X11 Pubic Works: 2/25197 _r2 This Agreement is entered into as of the day of 20"3 by and between ovd Real Estate Investnents. Inc. :esh:_r_tcn G,TC Gt ntor'l and the City of Tukwila (`Grantee" Recitals. EASEMENT AGREEMENT a. The Grantor is the owner of that certain real property legally described cr. Exhibit "A" attached hereto and anccrporated herein by this reference (Par K). b. Ws Agreement sets forth the terms and conditions under which the Grantor will grant the Grantee an easement. 2. Grant of Easement For valuable 7YSStder ation, receipt and s: ciency of which is ath no hedged, the Grantor grants and a nveys to the Grantee, an easement for ingress, egress and ditties, over, across and under that port!on of Parcel A which is iegail f described on Exhib t 96" attached hereto and incorporated herein by this referenca Easement 1. Purpose of Easement. The Grantee shall be enttled to use the Easement for e3 A oubl o utility sanitary se ar line. rS under and ac pss Parcel A cy way of the Easement. 4. G neral� Provisions. e. Bindlrq Effect. This Agreement shall be banding upon and inure to the benefit of the parties and their suoc scrs, heirs, assigns, and personal representatives and all persons Calmino by, through or under the partes hereto. The Easement cleated shall be appurtenant, shall touch and concern the real properly described he, stn, and shall run with the !and. b. A_pW eau's la'w. Tnis Agreement shali 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 ih'a Agreement shag be exaustvely in the state and federal courts of King County. Washington. c. Attorneys' Fees. In the event that any Butt or other prooeedir.g is instituted by either party to rlt'.s Agreement arising out of or pertaining to ih s Agreement or tine relationship of the panties. including Pat not limited to the fling of a lawsuit, a request for an arbitraton, mediation, or other alternative dispute resolution process (co'!actvaty, `Proceedings 9. and any appea's and collateral actions relative to such a suit or Proceeding, the substantially prevailing party as determined by the court cr as determined in the Procee -d rig shall be Ent lad to reao'ver its reasonable_ attorneys' fees and all costs and expenses incurred relative to such suit or Proceeding from the non -veva: rrg party, in addition to such other re!: =_f as may be awarded. d. Entire Aor_amen!. This Agreement contains the entire agreement between the parties with respect to th!s matter. it may not be m rtiad except in writing signed by both parties. e. Waiver. The waiver by a party of a breach of any provis :n 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 un1?ss in writing and signed by the party against whom enforcement of the waiver is sought. ,-.4 f Sev =_:abt fw. If for any reason any p rUcn of this Agreement aha41 be c 2 held to be invaild or unsnforceab'.e, the ho'.ding of invalidity or unenforceability of that portion shall not affect any other portion of this Agreement and the remaining portions of this Agreement shall remsin in full force and effect. g. N_Qtt as.Any not required or desired to be given under this Agreement shalt be deemed given if in writing delivered to the party, or sant by certified mall to the address Cited bs ow for that party cc; 0 Grantor. Boyd Real _stele Inc. s Ees___ Corporation Cq Grantee_: City of Tukwila DATED this !1 TL day of GRANTOR: GRANTEE: 20 60 33 -G Real Estee estneats, Inc. BY: "n r Boyd, Presiena_ STATE OF WASuINGrON COUNTY OF King On this 17th Wathiagon t i1 to of the corporation tia Ir ami vonn+ -rc -ct s_ed this te case cerpcaticsa F,TiNESS dry of May, Ate_ WOO, before at mu the a Notary Public in ad for tle cite of nandsd �d and s,.em perm ali. r rer7 vin G. Boyd to me Le the R n to to esident executed exeaed the within and fo,m ng ins r -e: L ad arlime.ded•_ed the sod inn= to to the and dew p_a of ad cvtea for the uses and pup?ses therein me =erred, end on cmh e==h -mt dzcd to eceone the mid imam= and that the seal a; e.d Ls the corporate s:d of said a iT{NB NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES AUGUST 29, 2002 aimed the by dad !ea in this onifica e above Written! Ne'arc Vutttlihndfc, the 9_^e of Wa_ib nu ReIdfna in Tacoma. R=4 NB Conconsdei Ei_tt res Anaust 29.2903 EXHIBIT A PARCEL A: The west 300 feet of Lot 17 Brookdale Garden Tracts, According to the plat thereof recorded in Volume 10 of Plats, Page 47, in King County, Washington Except the following described Tract A: TRACT A: The north 138 feet of the east 130 feet of the west 270 feet of Lot 17, Brookdale Garden Tracts According to the plat thereof recorded in volume 10 of Plats, Page 47, in Ping County, Washington; Except that portion in the southeast corner of said properly lying southeasterly of the are of a curve, having a radius of 20 feet, drawn tangent to the south and east lines of said property e 0 EkHIBIT B The v:e`st 15 feet of Lot 17 Brooktiale Garden Tract, according to the plat thereof recorded in volume 10 of Plats, Page 47, in King County, Washington.