HomeMy WebLinkAbout2008 - Easement Agreement - La Pianta LLC - 20080604000332Recording Requested By And
When Recorded Mail To:
The City of Tukwila
Department of Public Works
6300 Southcenter Blvd, Suite 100
Tukwila, Washington 98188
Attn: Ryan Larson
1. Grant of Easements
RECITALS
AGREEMENT
CONFORMED COPY
EASEMENT AGREEMENT
20080604000332
WLR -ONRP EAS 0.00
PAGE001 OF 013
06/04/2008 09:46
KING COUNTY, UA
Grantor(s): La Pianta LLC, a Washington Limited Liability Company
Grantee(s): The City of Tukwila, a municipal corporation of the State of
Washington, and The King County Flood Control Zone District, a quasi
municipal corporation of the State of Washington
Legal Description (abbreviated): Ptn. of Lot 4, BLA 93 -0085, Recording No.
9311301961; Parcel B, BLA L99 -0008, Recording No. 9906099010; and Parcels A,
D E, BLA L02 -029, Recording No. 20021007900001
Additional legal description on page 10, hereinafter called Exhibit A.
Assessor's Tax Parcel ID 3523049015, 3523049018, 3523049019, and
3523049121
Project: Tukwila -205 Levee
THIS EASEMENT AGREEMENT (this "Agreement is made as of the 30
day of tffi A 4 2008, by and among La Pianta LLC, a Washington
limited liability company, hereinafter called "Grantor and The City of Tukwila, a
municipal corporation of the State of Washington, and The King County Flood
Control Zone District, a quasi municipal corporation of the State of Washington,
each hereinafter called a Grantee and both hereinafter collectively called "Grantees
A. Grantees have certain legal responsibilities with respect to the repair,
maintenance and reconstruction of the Tukwila 205 Flood Control Project located in
the City of Tukwila, Washington (the "Project").
B. Grantor owns certain real property located adjacent to the Project.
C. The parties desire to enter into an agreement to create certain
easements for the inspection, repair, maintenance and reconstruction of the Project
as described and subject to the terms and conditions set forth below.
NOW THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are acknowledged, the parties agree as follows:
Grantor hereby grants and conveys to the Grantees, their successors and
assigns easements (the "Easements subject to the terms and conditions set forth
in this Agreement, under, over and upon those limited portions of the real property
described in Exhibit A (the "Property") which are more particularly described in
Exhibits B, C, and D attached hereto and by this reference made a part hereof,
situated in King County, Washington, all for the specific and limited purposes set
forth below:
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1. Flood Protection Easement. A perpetual right and
easement in favor of Grantees in the land described in Exhibit B to
construct, maintain, repair, operate, patrol and replace a flood control
structure, including all appurtenances thereto ("Flood Protection
Easement reserving, however, to Grantor, its successors and assigns,
all such rights and privileges as may be used without interfering with or
abridging the rights and easement hereby acquired.
2. Access Road Easement. A perpetual easement and right
of -way in favor of the Grantees for ingress and egress for the sole
purposes of inspection, repair and maintenance of the Flood Control
Project in, on, over and across the land described in Exhibit C (the
"Access Road Easement together with the right to trim, cut, fell, and
remove therefrom all trees, underbrush, and other vegetation,
obstructions, structures, or obstacles within the limits of the easement
and right -of -way; reserving however, to Grantor, its successors and
assigns, all such rights and privileges as may be used without
interfering with or abridging the rights and easement hereby acquired;
this grant of easement being subject, however, to all easements,
reservations, covenants, conditions and restrictions of record. Grantees
acknowledge that the Access Road Easement Area, as described in (b)
below, is currently paved to within a few feet of the Flood Control
Project and is used for ingress and egress for nearby commercial
buildings. Accordingly, Grantees and their employees, contractors and
agents, shall not park vehicles or store equipment on the Access Road
Easement Area.
(a) Grantor reserves the right to relocate the Access Road
Easement from time to time so long as the substituted site is of
reasonably comparable size and is suitable for the purposes of this
easement.
(b) Except in cases of emergency, Grantees shall give written
notice to Grantor of its intent to enter onto the Access Road Easement
Area (as that term is defined below) no less than forty -eight (48) hours
prior to each entry in order to allow Grantor sufficient time to remove
any vehicles and other property of Grantor or its tenants that may be
present within the easement area. In cases of emergency Grantees
shall give such notice as may be reasonable under the circumstances.
(c) The Access Road Easement shall be located in the area
of land described and depicted in Exhibit C (the "Access Road
Easement Area
(d) Promptly after the exercise of this right to enter onto and
use the Access Road Easement, Grantees, and each of them, and their
respective employees, contractors and agents, shall restore the surface
of the Access Road Easement to the condition existing prior to the
entry, shall repair any damage occasioned by its or their entry onto and
use of the Easement, and shall leave the Access Road Easement Area
in good, neat, clean and safe condition.
3. Temporary Work Area Easement. A temporary easement
and right of way in favor of Grantees in, on, over and across the land
described in Exhibit D from the date of this Easement Agreement
through December 31, 2008, which date may be extended as mutually
agreed to by the parties to allow completion of the levee rehabilitation
repair construction for Project Job No. GRE -3 -07, for the purpose of a
work area (the "Temporary Work Area Easement including the right to
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temporarily stockpile fill and waste material thereon, move, store and
remove equipment and supplies, erect and remove temporary structures
on the land and to perform any other work necessary and incident to the
construction of improvements to the Flood Control Project, together with
the right to trim, cut, fell, and remove therefrom all underbrush,
obstructions, structures, or obstacles within the limits of the Temporary
Work Area Easement excepting, however, trees, which Grantees shall
not disturb, injure, move, remove or damage; reserving however, to
Grantor, its successors and assigns, all such rights and privileges as
may be used without interfering with or abridging the rights and
easement hereby acquired; this grant of easement being subject,
however, to all easements, reservations, covenants, conditions and
restrictions of record.
(a) The Temporary Work Area Easement shall be located in
the area of land described in Exhibit D (the 'Temporary Easement
Area Grantees shall maintain the Temporary Easement Area in good,
neat, clean and safe condition.
(b) Promptly after the exercise of this right to enter onto and
use the Temporary Work Area Easement, Grantees, and each of them,
and their respective employees, contractors and agents, shall remove
all stockpiled material and all equipment and personal property of
Grantees, or either of them, and of their respective employees,
contractors and agents, clean the surface of the Temporary Work Area
Easement of any waste, restore the surface of the Temporary Work
Area Easement to the condition existing prior to the entry, and repair
any damage occasioned by its or their entry onto and use of the
Easement.
2. Security for Road Access Easement
No later than December 31, 2008, Grantees shall place and install locked
bollards across the Road Access Easement at the toe of the Flood Control Project
where it meets the Road Access Easement Area, and, if the Road Access Easement
is relocated, shall promptly place and install locked bollards at the same relative
location in the new Road Access Easement Area. Immediately upon installation of
the bollards, Grantees shall provide to Grantor a key or combination to open the
bollards, and shall ensure that Grantor has one or more keys, and /or an accurate
combination or combinations, at all times so that Grantor has the ability at all times
to open the bollards. The bollards shall be reasonably designed and placed so as to
minimize any interference with use of the Road Access Easement Area by Grantor
and its tenants.
3. No Rights Created in Public
Nothing in this grant shall be deemed to be to be a gift or dedication of land to
the public, or a grant of access to the general public or for recreational uses. The
scope of this grant is expressly limited to Grantees, for their use and for the use of
their employees and contractors, for the limited purposes described in this
Agreement.
4. Grantees' indemnification of Grantor
Grantees, and each of them, and their respective successors and assigns,
shall protect, indemnify, defend and hold Grantor, and its successors and assigns,
harmless from and against any and all loss, costs, claims, suits, liabilities, causes of
action and expenses of any kind or nature (including reasonable attorneys' fees)
arising out of, related to, or incurred by reason of the exercise of the easement rights
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granted hereunder. Without limiting the generality of the foregoing, Grantees, and
each of them, shall protect, indemnify, defend, and hold harmless Grantor, and its
successors and assigns, from and against any and all loss, costs, claims, suits,
liabilities, causes of action and expenses of any kind or nature (including reasonable
attorneys' fees) arising out of, related to, resulting from or incurred by reason of or
based upon, the release onto or from Grantor's property by Grantees, or either of
them, or any of their respective employees, agents, contractors and /or licensees, of
any hazardous or toxic materials or substances, or the violation by any such party of
any law or laws regulating the handling, treatment, storage, disposal, release, or
transport of any hazardous or toxic materials or substances.
5. Insurance
Each Grantee shall maintain and keep in full force and effect a policy of
general liability insurance in an amount not less than One Million Dollars per
occurrence, and shall provide Grantor with a certificate of insurance or self
insurance from time to time upon Grantor's request, and will name Grantor, its
successors and assigns as Additional Insureds in the event one or both of the
Grantees should choose not to self- insure. Each Grantee may self insure its
obligations hereunder. Except to the extent of any gross negligence on the part of
Grantor, each Grantee shall indemnify and hold Grantor, its successors and assigns
harmless from all claims, damages or causes of action, including attorneys' fees and
court costs, arising from that Grantee's use of the Easements.
6. Binding on Successors and Assigns; Limited Right to Assign
The rights, conditions, covenants and provisions contained in this Agreement
shall inure to the benefit of and be binding on the parties hereto and their respective
heirs, administrators, executors, successors and assigns and shall run with the land.
Grantees and each of them shall have the right to assign their rights and interests
under this Agreement to any one or more governmental entities that are created and
then existing under the laws of the State of Washington that have legal
responsibilities in connection with the inspection, maintenance, repair, rehabilitation
and replacement of the Flood Control Project.
7. Eminent Domain
If any part of any easement area is taken by any governmental agency in the
exercise of its power of eminent domain, the award granted under such proceedings,
or any settlement in lieu thereof, for the taking of such property shall be wholly
payable to Grantor. If less than all of the easement area is taken, the easement
granted herein shall continue in full force and effect with respect to the portion of the
easement area not taken. If all of any easement area is taken, the easement
granted herein shall terminate and the obligations hereunder of Grantor and Grantee
shall automatically cease and terminate as to that easement area when possession
is transferred to the condemning agency except with respect to any obligations with
respect to events occurring prior to the termination of the easement.
8. Grantor's Reserved Use
Notwithstanding anything in this Agreement to the contrary, Grantor reserves
the right to engage in any uses that are compatible with the full enjoyment by
Grantees of the rights granted in this Agreement.
9. Miscellaneous
(a) In the event of any action or arbitration by any party to this Agreement
for breach of or to enforce any provisions or rights hereunder, the reasonable costs
and expenses incurred by the substantially prevailing party in such action, including,
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99999 2033/LEGAL14316665.1
but not limited to, such substantially prevailing party's reasonable attorneys' fees,
shall be paid by the other party or parties to such action or arbitration.
(b) Neither this Agreement nor any acts of any party shall be deemed or
construed by the parties hereto, or any of them, or by any third person, to create the
relationship of principal and agent, or of partnership, or of joint venture, or of any
association.
(c) Any modification, waiver, amendment, discharge or change of this
Agreement shall be valid only if the same is in writing and signed and acknowledged
by all of the parties, and an original thereof is recorded in the real property records of
King County, Washington.
(d) In the event any term, covenant, condition, provision, or easement
contained in this Agreement is held to be invalid, voided or otherwise unenforceable,
by any court of competent jurisdiction, such holding shall in no way affect the validity
or enforceability of any other term, covenant, condition, provision, or easement
contained in this Agreement.
(e) Paragraph captions are inserted as a matter of convenience and for
reference and in no way define, limit, extend or describe the scope of this
Agreement or any of its provisions.
10. Completion of Agreement
This Agreement shall not be binding on Grantor until (i) it has been executed
and acknowledged by all parties, and (ii) a copy of the fully executed and
acknowledged Agreement has been delivered to Grantor.
EASEMENT PAGE 5
99999- 2033/LE0AL14316665.
Entered into as of the day and year first above written.
GRANTOR:
LA PIANTA LLC, a Washington limited
liability company
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8y: Metro Land Developrflent, Inc.
Its: Manager
By:
Mark A. Segale, i'e President
GRANTEE:
THE CITY OF TUKWILA, a municipal
corporation of the State of Washington
Name:
Title:
GRANTEE:
DISTRICT
KING COUNTY FLOOD CONTROL ZONE
a quasi municipal corporation
By:
Acting pursuant to Resolution No.
FCZD2008 -01.2 of said Grantee
of Kino County
PAGE 6
STATE OF WASHINGTON
ss.
COUNTY OF KING
On this 30day of May, 2008, before me, the undersigned, a Notary Public
in and for the State of Washington, duly commissioned and sworn, personally
appeared Mark A. Segale to me known to be the person who signed as Vice
President of the Manager of La Pianta LLC, a Washington limited liability company
that executed the within and foregoing instrument, and acknowledged said
instrument to be the free and voluntary act and deed of said Limited Liability
Company for the uses and purposes therein mentioned, and on oath stated that
he /she was duly elected, qualified and acting as said officer of the corporation, and
that he /she was authorized to execute said instrument and that the seal affixed, if
any, is the corporate seal of said corporation.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the
day and year first above written.
SUSAN A. THOMAS
Notary Public
State of Washington
My Commission Expires
May 01, 2010
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99999 -2033 /LEGAL 14316665.1
Print I e• Sal .4 4. '!jfrsnr.9S
Notary Public Xi for the State of Washington,
residing at: u2of
My commission expires: /�bJO
f
PAGE 7
STATE OF WASHINGTON
ss.
COUNTY OF KING
On this 3O of I'll a-k-f 2008, before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn,
personally appeared 'T't m H-Q 1m to me known to
be the person who signed as f-the City of Tukwila, a
municipal corporation of the State of Washington, that executed the within and
foregoing instrument, and acknowledged said instrument to be the free and
voluntary act and deed of said corporation for the uses and purposes therein
mentioned, and on oath stated that KC- was duly elected, qualified and
acting as said officer of the corporation, that h was authorized to
execute said instrument and that the seal affixed, if any, is the corporate seal of said
corporation.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the
day and year first above written.
EASEMENT
99999 20331LEGAL14316665.1
&a-AA- 0 CU- Mherl• i d
Print Name:OaIL ,4 "A-(m loe„-■
Notary Public in and for the State of Washington,
residing at: Ma it rvl cL.
My commission expires: la 11
PAGES
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 he signed this instrument, on oath stated that he is
authorized to execute the instrument and acknowledged it as the
of King County,
acting on behalf of the King County Flood Control Zone District pursuant to
Resolution FCZD2008 -01.2 of said District to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
Dated:
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99999 -2033 /LEGAL 14316665.1
Print Name:
Notary Public in and for the State of Washington,
residing at:
My appointment expires:
PAGE 9
EXHIBIT A
UNDERLYING PROPERTY PARCEL(S)
LEGAL DESCRIPTION
Lot 4 as shown on Boundary Line Adjustment No. 93 -0085 recorded under recording
number 9311301961.
Also, Parcels A, D and E shown on Boundary Line Adjustment No. L02 -029,
recorded under recording number 20021007900001.
Also, Parcel B shown on Boundary Line Adjustment No. L99 -0008, recorded under
recording number 9906099010.
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PAGE 10
EXHIBIT B
FLOOD CONTROL EASEMENT AREA
LEGAL DESCRIPTION
ALL THOSE PORTIONS OF LAND DESCRIBED AS LOT 4 AS SHOWN ON
BOUNDARY LINE ADJUSTMENT NO. 93-0085 RECORDED UNDER KING
COUNTY AUDITOR'S FILE NO. 9311301961, AND LAND DESCRIBED AS
PARCEL "D" ON BOUNDARY LINE ADJUSTMENT NO. L02 -029, RECORDED
UNDER KING COUNTY AUDITOR'S FILE NO. 20021007900001, LYING
WESTERLY OF THE ORDINARY HIGH WATER MARK ON THE LEFT BANK OF
THE GREEN RIVER AND EASTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE NORTHEASTERLY CORNER OF THE AFOREMENTIONED
LOT 4; THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT 4 ALONG
A CURVE CONCAVE TO THE NORTH THE RADIAL CENTER OF WHICH BEARS
NORTH 20° 20'04'WEST A DISTANCE OF 336.00 FEET; THENCE ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 00° 44'43" AN ARC LENGTH OF 4.37
FEET; THENCE LEAVING SAID NORTH LINE SOUTH 53° 36'41"WEST 91.03
FEET TO A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 27.83 FEET;
THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23° 59'08" AN
ARC LENGTH OF 11.65 FEET; THENCE SOUTH 29° 37'33 "WEST 91.54 FEET TO
A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 117.83 FEET;
THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05° 31'44
AN ARC LENGTH OF 11.73 FEET; THENCE SOUTH 24° 05'49"WEST 88.46 FEET;
THENCE SOUTH 22° 34'48"WEST 71.63 FEET; THENCE SOUTH 18° 39'07 "WEST
97.03 FEET TO A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 37.83
FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21°
09'15" AN ARC LENGTH OF 13.97 FEET; THENCE SOUTH 02° 30'07 "EAST 59.72
FEET; THENCE SOUTH 01° 02'09 "EAST 103.01 FEET TO A TANGENT CURVE
TO THE RIGHT HAVING A RADIUS OF 102.17 FEET; THENCE ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 05° 28'08" AN ARC LENGTH OF 9.75
FEET; THENCE SOUTH 04° 25'59"WEST 166.45 FEET; THENCE SOUTH 02°
54'29"WEST 84.06 FEET; THENCE SOUTH 05° 08'41'WEST 253.64 FEET, MORE
OR LESS, TO INTERSECT THE EASTERLY BOUNDARY OF THE
AFOREMENTIONED LOT 4, AND BEING THE TERMINUS OF THIS LINE.
ALL SITUATE IN THE EAST HALF OF SECTION 35, TOWNSHIP 23 NORTH,
RANGE 4 EAST OF THE W.M., CITY OF TUKWILA, KING COUNTY,
WASHINGTON.
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EXHIBIT B
FLOOD CONTROL EASEMENT AREA
SITE DEPICTION
EXHIBIT C
ACCESS ROAD EASEMENT AREA
LEGAL DESCRIPTION
AN INGRESS AND EGRESS EASEMENT OVER SEGALE PARK DRIVE "A" AS
SHOWN ON CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT AS
RECORDED UNDER KING COUNTY RECORDERS NO. 9906099010 AND ITS
EXTENSION SOUTHERLY TO INTERSECT THE SOUTH LINE OF PARCEL "A"
OF TUKWILA BOUNDARY LINE ADJUSTMENT AS RECORDED UNDER KING
COUNTY RECORDERS NO. 20021007900001.
ALSO
A 20 FOOT WIDE INGRESS AND EGRESS EASEMENT OVER A PORTION OF
PARCELS "D" AND "E" OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT
AS RECORDED UNDER KING COUNTY RECORDERS NO. 20021007900001
AND OVER A PORTION OF PARCEL "B" OF CITY OF TUKWILA BOUNDARY
LINE ADJUSTMENT AS RECORDED UNDER KING COUNTY RECORDERS NO.
9906099010, SAID 20 FOOT WIDE EASEMENT BEING DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE AFOREMENTIONED
PARCEL "E THENCE SOUTH 66° 31'27 "EAST ALONG THE NORTH LINE OF
SAID PARCEL "E" A DISTANCE OF 992.96 FEET TO AN ANGLE POINT ON SAID
NORTH LINE, ALSO BEING THE POINT OF BEGINNING FOR THIS
DESCRIPTION; THENCE SOUTH 54° 15'07 "EAST 207.68 FEET;
THENCE SOUTH 66° 34'09 "EAST 87.00 FEET;
THENCE NORTH 23° 25'51 "EAST 20.00 FEET;
THENCE NORTH 66° 34'09"WEST 84.84 FEET;
THENCE NORTH 54° 15'07'WEST 207.80 FEET TO THE EAST LINE OF PARCEL
"A" OF SAID BOUNDARY LINE ADJUSTMENT AS RECORDED UNDER KING
COUNTY RECORDERS NO. 20021007900001; THENCE SOUTH 29° 14'17'WEST
ALONG SAID EAST LINE 20.13 FEET TO THE POINT OF BEGINNING.
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99999- 2033/LEGAL 14316665.1
EASEMENT
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EXHIBIT Cn
ACCESS ROAD EASEMENT
SOUTH 180th STREET
Nmr
PAGE 14
EXHIBIT D
WOR AREA EASE
TEMPORARY DEPICTION
EXHIBIT 0
5O lBqth STREET
Tr;
BASEME
00p1.143
PA 1 5