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Home My WebLink About2017 - Sidewalk / Utility Easement - De La Fuente David / De La Fuente Sabrina - 20170818000271After Recording, Return to: CITY OF TUKWILA PUBLIC WORKS DEPARTMENT 6300 Southcenter Blvd. Tukwila, WA 98188 lililiuil 11111111 IfII lIl 11111 III 11111 IIII lIIIllh1IliII11l 1II 20170818000271 EASEMENT Rec: $78.00 8/18/2017 11:54 AM KING COUNTY, WA EXCISE TAX NOT REQUIRED King Co. Records D'. ion Deputy SIDEWALK and UTILITY EASMENT Grantors: Grantee: Abbreviated Legal Description: Additional Legal(s) Assessor's Tax Parcel ID#: David De La Fuente and Sabrina De La Fuente City of Tukwila, a municipal corporation of the State of Washington LOT 24, BLK 2 RICHARD'S 1ST ADDITION TO STERLING Exhibit A and A-1, attached hereto and made partof 725520-0256, 53rd Avenue South Project THIS EASEMENT AGREEMENT, made this 1 S4- day of , 2017, by and between David De La Fuente and Sabrina De La Fuente, husband add wife ("Grantors" herein), and the CITY OF TUKWILA, a municipal corporation of the State of Washington, ("Grantee" herein), WITNESSETH: 1. Grant of Easement. The Grantors, for and in consideration of TEN DOLLARS ($10.00), and other good and valuable consideration, receipt of which is hereby acknowledged, herby grant and convey to the City of Tukwila, a municipal corporation of the State of Washington, its contractors, employees, agents, successors, franchisors and assigns, (Grantee), for the purposes set forth herein, a non-exclusive perpetual easement for the placement, operation, and maintenance of public sidewalk and public and private utility equipment ("Easement" herein) over, under, along, across, and through the following described real property ("Easement Area" herein) in King County, Washington. 2. Property Subject to Easement a. Property Description. The Property subject to this Easement is legally described and shown in Exhibit "A" and Exhibit "A-1" attached hereto and incorporated by reference. 1 Parcel No. 12 b. Easement Areas. Except as is otherwise set forth herein, Grantee's rights shall be exercised only upon that portion of the property legally described in Exhibit "A" and Exhibit "A-1" ("Easement Areas" herein) attached hereto and incorporated by reference. 3. Purpose Sidewalk. Grantee shall have the right to construct, reconstruct, install, repair, and maintain public sidewalks and associated features within the Easement Areas for the purpose of constructing and maintaining the public sidewalk. 4. Purpose Utility. Grantee shall have the right to construct, operate, maintain, repair, replace, improve, remove, and enlarge utility structures and associated features within the Easement Areas for the purpose of constructing and maintaining utilities. Such utilities may include, but is not limited to: 5. Utility Features. Above and below ground handholes, conduits, vaults, switches, pedestals, transformers, fire hydrant connection, water meters, valves, and all other facilities and/or appurtenances necessary and/or convenient to any and/or all of the forgoing. Following the initial construction of all and/or portion of its utility features, Grantee may, from time to time, construct such additional facilities as it may require for such utility features. 6. Access. Grantee shall have the right of access to the Easement Areas over and across the Property to enable Grantee to exercise its rights hereunder. Grantee shall compensate Grantor for any damage to the Property caused by the exercise of such right of access by Grantee. 7. Easement Area Clearing and Maintenance. Grantee shall have the right to cut, remove and dispose of any and all brush, trees or other vegetation in the Easement Areas. Grantee shall also have the right to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of brush, tree or other vegetation in the Easement Area. 8. Grantor's Use of Easement Area. Grantors reserve the right to use the Easement Areas for any purpose so long as the use does not interfere with the Easement rights herein granted. Grantors may install groundcover and shrub landscaping plantings within the Easement Area with Grantee's prior written consent. Grantors shall not alter the ground surface and subsurface with the Easement Area by excavation, placement of fill material, or installation of any wall or rockery, without Grantee's Public Works Director, or authorized designee, prior written consent. Grantee's prior written consent, where required, shall not be unreasonably withheld. Grantor shall not construct or maintain any buildings within the Easement Areas. 9. Indemnity. Grantee agrees to indemnify Grantors from and against liability incurred by Grantors as result of Grantee's negligence in the exercise of the rights herein granted to 2 Parcel No. 12 Grantee, but nothing herein shall require Grantee to indemnify Grantors for that portion of any such liability attributable to the negligence of Grantors or the negligence of others. 10. Covenant Running With the Land. This Easement shall be covenant running with the land and shall forever bind Grantors, their heirs, successors, and assigns. DATED this GRANTOR(S): ,t' David De-a'Fi%ente day of cTlA , 2017. STATE OF WASHINGTON COUNTY OF KING I hereby certify that I know or have satisfactory evidence that David and Sabrina De La Fuente, are the persons who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it to be their free and voluntary, act for the uses and purposes mentioned in this instrument. 01111'e_ JA y�'i♦ • •�••'M1SS/p qL cs ti'is: : GO tcf •. • } tJOTgR .o. • '"4. m: PUBLIC (1). •00 . •' O��20-2019. t O.c ♦, * ' ASi%iO Dated: 7///9--d Signature: %,— Signature: CA, 2 Notary Public in and for the State of Washington Notary (print name): So/A.Ua VLS Residing at: X ,rkrla.'cd 3 Parcel No. 12 EXHIBIT A PARCEL NO. 725520-0256 SIDEWALK AND UTILITY EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL 71", DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL W, SAID CORNER ALSO BEING THE INTERSECTION OF THE SOUTHERLY MARGIN OF SOUTH 142ND STREET AND WESTERLY MARGIN OF 53RD AVENUE SOUTH; THENCE SOUTH 01° 34' 22" WEST ALONG SAID WESTERLY MARGIN, 40.00 FEET; THENCE NORTH 88° 25' 38" WEST, 1.50 FEET TO A LINE THAT IS 1.50 FEET WEST OF AND PARALLEL WITH SAID WESTERLY MARGIN; THENCE NORTH 01° 34' 22" EAST ALONG SAID PARALLEL LINE, 34.99 FEET; THENCE NORTH 38° 22' 45" WEST 3.89 FEET TO A LINE THAT IS 2.00 FEET SOUTH OF AND PARALLEL WITH SAID SOUTHERLY MARGIN; THENCE NORTH 88° 47 18" WEST ALONG SAID PARALLEL LINE, 13.99 FEET; THENCE NORTH 01° 12' 42" EAST, 2.00 FEET TO SAID SOUTHERLY MARGIN; THENCE SOUTH 88° 47' 18" EAST ALONG SAID SOUTHERLY MARGIN, 18.00 FEET TO THE POINT OF BEGINNING. CONTAINING 97 SQUARE FEET, MORE OR LESS. PARCEL "A": (PER TICOR TITLE COMPANY ORDER NO. 70064108, DECEMBER 30, 2016) LOT 24, BLOCK 2, OF RICHARD'S 1ST ADDITION TO STERLING, AS PER PLAT RECORDED IN VOLUME 15 OF PLATS, PAGE 26, RECORDS OF KING COUNTY AUDITOR; EXCEPT THE SOUTH 12.6 FEET THEREOF. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. �pREL Fp�O.. i o3/vG lF-0 12. 725520-0256 ESMT.DOCX Page 1 of 1 TACOMA. SEATTLE L LOZ/£o/£o :31V0 r m 9MoiI S3 9 ZO—oZSSZL 71 EXISTING RIGHT OF WAY -n PCI 0 m m 2 N x D 2 NO II IOC v5 WUI -I o'er tF D N m 2 53RD AVE S S 01'34'22" W EXISTING RIGHT OF WAY q,