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Home My WebLink About2017 - Sidewalk / Utility Easement - Terrace Properties - 20171005001406After Recording, Return to: CITY OF TUKWILA PUBLIC WORKS DEPARTMENT 6300 Southcenter Blvd. Tukwila, WA 98188 111111111 Ii'I!III 11111111111111 11111 11111 11111 IIIIIIIIIIIiIIiIIJI 1111 20171005001406 EASEMENT Rec: 00,00 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#: Terrace Properties Limited Partnership City of Tukwila, a municipal corporation of the State of Washington PTN. Of the STEPHEN FOSTER DLC in the SW QTR of SEC 14 -23N -4E Exhibit A and A-1, attached hereto and made partof 000300 -0008- 53rd Avenue South Project THIS EASEMENT AGREEMENT, made this eP day of / cif $� , 2017, by and between Terrace Properties Limited Partnership, a Washington limited partnership ("Grantor" herein), and the CITY OF TUKWILA, a municipal corporation of the State of Washington, ("Grantee" herein), WITNESSETH: 1. Grant of Easement. The Grantor, for and in consideration of TEN DOLLARS ($10.00), and other good and valuable consideration, receipt of which is hereby acknowledged, herby grants and conveys 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. E''XClSE TAX NOT REQUIRED KirkgC • Records Division By � r' ' Deputy 1 Parcel No. 14 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. 14 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 S day of u s k , 2017. GRANTOR(S): Terrace Properties Limited Partnership By: Its: STATE OF WASHINGTON COUNTY OF KING I certify that I know or have satisfactory evidence that Apvlvi& Papap ppu%S 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 / i�GtV-il tv- of jrra e¢ 'rope ryes , to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. 01111,111 ,•t0143AY.pq� ♦♦ ••4\SSIQ, . S i • ; 0 Ff•• ` .V \ OTAfZ Y PUBLIC oi. •: EXHIBIT A PARCEL NO. 000300-0008 UTILITY EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A", DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., AND THE SOUTH LINE OF STEPHEN FOSTER DONATION LAND CLAIM; THENCE SOUTH 88° 33' 21" EAST ALONG SAID SOUTH LINE, 575.99 FEET TO THE EASTERLY MARGIN OF 53RD AVENUE SOUTH, SAID POINT BEING THE INTERSECTION OF SAID EASTERLY MARGIN AND THE NORTHERLY MARGIN OF SOUTH 139TH STREET; THENCE ALONG SAID EASTERLY MARGIN NORTH 01° 03' 21" EAST, 474.86 FEET TO THE SOUTHERLY MARGIN OF SOUTH 137TH STREET; THENCE NORTH 75038' 41" EAST ALONG SAID SOUTHERLY MARGIN, 20.00 FEET TO POINT `A';• THENCE CONTINUING ALONG SAID SOUTHERLY MARGIN NORTH 75° 38' 41" EAST, 137.28 FEET TO POINT "B'; THENCE SOUTH 14° 21' 19" EAST, 9.00 FEET; THENCE NORTH 75° 38' 41" EAST, 8.00 FEET; THENCE NORTH 14° 21' 19" WEST, 9.00 FEET TO SAID SOUTHERLY MARGIN; THENCE SOUTH 75° 38' 41" WEST ALONG SAID SOUTHERLY MARGIN, 8.00 FEET TO POINT `B'; CONTAINING 72 SQUARE FEET, MORE OR LESS. 22. 000300-0008 ESMT.DOCX Page 1 of 3 KPG TACOMA• SEATTLE TOGETHER WITH THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A", DESCRIBED AS FOLLOWS: BEGINNING AT POINT "A"; THENCE SOUTH 14° 21' 19" EAST, 9.50 FEET; THENCE NORTH 75° 38' 41" EAST, 5.00 FEET;; THENCE NORTH 14° 21' 19" WEST, 9.50 FEET TO SAID SOUTHERLY MARGIN; THENCE SOUTH 75° 38' 41" WEST, ALONG SAID SOUTHERLY MARGIN, 5.00 TO POINT "A"; PARCEL "A": (PER TICOR TITLE COMPANY ORDER NO. 70064122, DATED JANUARY 11, 2017) THAT PORTION OF THE STEPHEN FOSTER DONATION LAND CLAIM NO. 38, IN THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 14, WHICH LINE BEARS NORTH 1 °34'40" EAST, ACCORDING TO THE MERIDIAN OF THE LAMBERT PLANE PROJECTION FOR THE STATE OF WASHINGTON, NORTH ZONE, AND THE SOUTH LINE OF SAID DONATION LAND CLAIM; THENCE SOUTH 88°28'50" EAST, ALONG SAID SOUTH LINE, 1063.80 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 44°17'50" WEST, 39.53 FEET,• THENCE NORTH 42°5315" WEST, 325.89 FEET TO AN IRON PIPE WHICH IS 246.08 FEET EAST OFA POINT REFERRED TO /N DEED RECORDED UNDER AUDITOR'S FILE NO. 3530451 AS 669.50 FEET SOUTH AND 561.0 FEET EAST OF THE QUARTER SECTION CORNER IN THE WEST LINE OF SAID SECTION 14; 22. 000300-0008 ESMT.DOCX Page 2 of 3 KPG TACOMA• SEATTLE THENCE NORTH 88°20'54" WEST, 238.08 FEET TO THE EAST MARGIN OF 53RD AVENUE SOUTH, WHICH MARGIN IS ALSO DESCRIBED AS THE EAST LINE OF AN 8 FOOT STRIP RECORDED IN VOLUME 1192 OF DEEDS, PAGE 559, RECORDS OF SAID COUNTY; THENCE NORTH 0°09'05' EAST, ALONG SAID EAST MARGIN 212.61 FEET TO THE SOUTHERLY MARGIN OF SOUTH 137TH STREET; THENCE NORTH 75°3142" EAST, ALONG SAID SOUTHERLY MARGIN 320.80 FEET TO THE SOUTHWESTERLY MARGIN OF 56TH AVENUE SOUTH, ALSO KNOWN AS LEMON ROAD NO. 811, RECORDED IN VOLUME 451 OF DEEDS, PAGE 66, RECORDS OF SAID COUNTY; THENCE SOUTH 44°36'45" EAST, ALONG SAID SOUTHWESTERLY MARGIN, 781.86 FEET TO THE NORTH MARGIN OF SOUTH 139TH STREET AS RECORDED IN VOLUME 1918 OF DEEDS, PAGE 637, RECORDS OF SAID COUNTY; THENCE NORTH 88°28'50" WEST, ALONG SAID NORTH MARGIN, 209.89 FEET; THENCE SOUTH 44°36'45" EAST, PARALLEL TO SAID 56TH AVENUE SOUTH, 28.86 FEET TO THE SOUTH LINE OF SAID STEPHEN FOSTER DONATION LAND CLAIM; THENCE NORTH 88°2850" WEST, ALONG SAID SOUTH LINE, 183.44 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THOSE PORTIONS CONVEYED TO THE CITY OF TUKWILA FOR ROADS BY DEED RECORDED UNDER AUDITOR'S FILE NO. 6707995. o6�65/ Zol+ 22. 000300-0008 ESMT.DOCX Page 3 of 3 KPG TACOMA• SEATTLE N.T.S. co S 88'33'21" E 555.99' S 139TH ST SW 1/4, SEC. 14, T. 23 N., R. 4 E., W.M. POINT W gn Ofl 5.00' 9.50' UTILITY EASEMENT AREA = 48 S.F.t w 0 575 99 SOUTH UNE STEPHEN FOSTER D.L.C. 20' ROW 8 00 UTILITY EASEMENT AREA = 72 S.F.t TOTAL UTILITY EASEMENT AREA=120 S.F.t TAX LOT NUMBER 000300-0008 PROPOSED ROW ACQUISI11ON 20.00' --.11 EXISTING RIGHT OF WAY DATE: O6/05/2017 S 139TH ST 7 - FILE: 22. 000300-0008 ESMT.DWG ICIPQ 7539hAve N Seattle, WA 98109 (206)266.1640 2502 Jefferson Ave Tacoma, WA 98402 (253) 627-0720 EXHIBIT A-1 PARCEL 000300-0008 UTILITY EASEMENT