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Home My WebLink About2017 - Sidewalk / Utility Easement - Green Richard / Executor of Green Sylvia - 20171005001407After Recording, Return to: CITY OF TUKWILA PUBLIC WORKS DEPARTMENT 6300 Southcenter Blvd. Tukwila, WA 98188 1111111.11111111111111111111111111111 20171005001407 EASEMENT Rec: $79.00 10/5/2017 4:32 PM KING COUNTY, WA SIDEWALK and UTILITY EASMENT Grantors: Grantee: Abbreviated Legal Description: Additional Legal(s) Assessor's Tax Parcel ID#: Richard Green, Executor of the Estate of Sylvia F. Green City of Tukwila, a municipal corporation of the State of Washington PTN TRACT 2, BLK 2, COLEGROVE'S ACRE TRACTS Exhibit A and A-1, attached hereto and made partof 167040 -0136- 53rd Avenue South Project THIS EASEMENT AGREEMENT, made this 54 "day of Auci v , 2017, by and between Richard Green, Executor of the Estate of Sylvia F. Green, els her separate estate, ("Grantor" 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. EXCISE TAX NOT REQUIRED Ki econis DivisionBy DePutY Parcel No. 29 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. 29 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): By: day of i• v VS I ,2017. LYe G01-6)( Richard Green, Executor of the Estate of Sylvia F. Green STATE OF WASHINGTON COUNTY OF KING 5 (j)f, is „vt I hereby certify that I know or have satisfactory evidence that Richard Green, Executor of the Estate of Sylvia F. Green, is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it to be his/her free and voluntary, act for the uses and purposes mentioned in this instrument. ,„%%%1JlIsIl. CD...sSi0n &x•" i s NOTARY iPUBLIC 1. ,',41f Was\ • . Dated: 6' a 5 a ) Signature: Notary Pub is in and for the State of Washington Notary (print name): 14,(;--11(1c...1- • % %2 -mc. ri Residing at: Y\ o,!' _\ &., 3 Parcel No. 29 EXHIBIT A PARCEL NO. 167040-0136 SIDEWALK AND UTILITY EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL 'A", DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL "A", SAID CORNER ALSO BEING THE INTERSECTION OF THE NORTHERLY MARGIN OF SOUTH 140TH STREET AND EASTERLY MARGIN OF 53RD AVENUE SOUTH; THENCE NORTH 01° 35' 18" EAST ALONG SAID EASTERLY MARGIN, 41.00 FEET; THENCE SOUTH 88° 44' 34" EAST, 1.00 FEET TO A LINE THAT IS 1.00 FEET EAST OF AND PARALLEL WITH SAID EASTERLY MARGIN;; THENCE SOUTH 01° 35' 18" WEST ALONG SAID PARALLEL LINE, 25.00 FEET, THENCE SOUTH 88° 44' 34" EAST, 3.00 FEET TOA LINE THAT IS 4.00 FEET EAST OF AND PARALLEL WITH SAID EASTERLY MARGIN; THENCE SOUTH 01° 35' 18" WEST ALONG SAID PARALLEL LINE, 16.00 FEET TO SAID NORTHERLY MARGIN;; THENCE NORTH 88° 44' 34" WEST ALONG SAID NORTHERLY MARGIN, 4.00 FEET TO THE POINT OF BEGINNING. CONTAINING 89 SQUARE FEET, MORE OR LESS. 29. 167040-0136 ESMT.DOCX Page 1 of 2 KPG TACOMA. SEATTLE PARCEL "A".: (PER TICOR TITLE COMPANY ORDER NO. 70064115, DATED JANUARY 6, 2017) THE WEST 128 FEET OF THAT PORTION OF TRACT 2, BLOCK 2, COLEGROVE'S ACRE TRACTS, AN ADDITION TO THE CITY OF SEATTLE, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 85, IN KING COUNTY, WASHINGTON, LYING SOUTH OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID TRACT 2, WHICH IS 63.7 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE EAST ON A STRAIGHT LINE TO A POINT ON THE EAST LINE OF SAID TRACT 2 WHICH IS 63.4 FEET SOUTH OF THE NORTHEAST CORNER THEREOF; EXCEPT THE SOUTH 20 FEET OF THE ABOVE DESCRIBED PORTION CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NO. 2718266, IN KING COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. 29. 167040-0136 ESMT.DOCX o3/n€ (20(-�- Page 2 of 2 KPG TACOMA• SEATTLE E SW 1/4, SEC. 14, T. 23 N., R. 4 E., W.M. 20' ROW >- re0 1- CD 4n w 1.00' 1.00' 0 0 cy N 0 ;7E1 —3.00' i--- 4.00' 0 0 cc; POB 4.00' PROPERTY LINE TAX LOT NUMBER 167040-0136 SIDEWALK AND UTILITY EASEMENT AREA = 89 S.F.± EXISTING RIGHT OF WAY EXISTING RIGHT OF WAY . S 140TH ST S 88'44'34" E EXISTING RIGHT OF WAY 0 N.T.S. 0 DATE: 03/08/2017 FILE: 29. 167040-0136 ESMT.DWG MPG. 753901 Ave N sea ele,WA93109 (206) 286-1640 2502 Jefferson Ave Tacoma, WA 98402 (253)627-0720 EXHIBIT A-1 PARCEL 167040-0136 SIDEWALK AND UTILITY EASEMENT