HomeMy WebLinkAbout2011 - Utility Easement - King County - 20110722000281RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
KING COUNTY WASTEWATER TREATMENT
Supervisor
Regulatory Compliance Land Acquisitions Unit
]LAILSTOP: KSC NR -0512
201 SOUTH JACKSON STREET, SUITE 512
SEATTLE, \\'A 98104 -3855
Document Title:
Grantor(s):
Grantee:
Abbreviated Legal Description:
Additional Legal Description is on Page:
Assessor's Tax Parcel Number(s):
CONFORMED COPY
20110722000281
WASTE IJATER TR EAS 69.00
PAGE -001 OF 008
07/22/2011 09:46
Utility Easement
City of Tukwila
King County
UTILITY EASEMENT
EXHIBIT' A"
0003000049, 3365900925, 0002800006
WHEREAS, King County "Grantee is a home rule charter county and political subdivision of
the State of Washington and is successor to the Municipality of Metropolitan Seattle "Metro and
WHEREAS the City of Tukwila, an optional code city and a municipal corporation of the State of
Washington ("Grantor owns that certain real property located in Kine County, Washington, more
particularly described in Exhibit A, attached hereto and incorporated herein by this reference (the
"Property and
WHEREAS in 1992 pursuant to a Memorandum of Agreement by and between the City of Tukwila
and the Municipality of Metropolitan Seattle _Metro dated on or about June 11, 1992, (the "MOA
Grantee acquired certain rights in the Property and in reliance upon those rights, constructed substantial
improvements in, on, over, under, across and through the Property including, but not limited to, underground
utility pipelines, odor control facilities, ducts, vaults, manholes, vents, meters, monitoring equipment,
cabinets, containers, switches, transformers, conduits, wires, pump stations and other necessary and
convenient equipment and appurtenances, including, but not limited to, all utility lines and equipment
servicing the Interurban Pump Station (hereinafter sometimes referred to collectively, as the "Existing
Easement Improvements and
WHEREAS Grantor and Grantee agree that the purpose of this Utility Easement is to memorialize
Grantee's existing property rights and significant invesunent in the Existing Easement Improvements within
the Property;
NOM', THEREFORE, in consideration of the mutual covenants and agreement hereinafter set forth
and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties agree as follows:
1. Grant of Utility Easement. Grantor, for and in consideration of Ten Dollars (S10.00)
and other valuable consideration in hand paid, confirms, re- affirms, grants and conveys to King County its
successors and assigns, all of the following:
A. A permanent, exclusive easement in and through the Property for the Existing Easement
Improvements, including, but not limited to, underground utility pipelines, odor control facilities, ducts,
vaults, manholes, vents, meters, monitoring equipment, cabinets, containers, switches, transformers,
conduits, wires, pump stations and other necessary and convenient equipment and appurtenances, including,
but not limited to, all utility lines and equipment servicing the Interurban Pump Station located within the
Property as described in Exhibit "A" and depicted in Exhibit `B" MAP attached hereto and incorporated
herein by this reference (the "Existing Easement Area together with a right of access in, on and through the
Property for ingress and egress for personnel, vehicles and equipment as reasonably necessary or incidental
to Grantee's installation, construction, ownership, use, operation, maintenance, repair and replacement of the
Existing Easement Improvements; and
B. A permanent, exclusive subsurface easement under the surface of and through the Property
as described in Exhibit A and depicted in Exhibit B (the "Subsurface Easement Area together with a right
of access in, on and through the Property for ingress and egress for personnel, vehicles and equipment as
reasonably necessary or incidental to Grantee's installation, construction, ownership, use, operation,
maintenance, repair and replacement of, one or more underground utility pipelines, odor control facilities,
ducts, vaults, manholes, vents, meters, monitoring equipment, cabinets, container, switches, transformers,
conduits, wires, pump stations and other necessary and convenient equipment and appurtenances, including,
but not limited to, all utility lines or equipment servicing said pipelines, pump stations and related equipment
and appurtenances in, on and through the Property; and
C. The Existing Easement Area and the Subsurface Easement Area are hereinafter collectively
referred to as the `Easement Areas
2. Benefit of Easement This Utility Easement is for the benefit of all property now
owned or hereafter acquired by Grantee which constitutes a portion of or is served by existing or future
improvements for all purposes necessary or incidental to the installation, construction, ownership, use,
operation, maintenance, inspection, repair, replacement, renovation, improvement, removal and enhancement
of the improvements, together with the right of ingress to and egress from, on, to, under, across, and upon the
Property as may be necessary to install, construct, use, operate, maintain, inspect, repair, replace, renovate,
improve, remove or enhance existing or future improvements.
3. Purpose of Easements. Grantee shall have the right to use the Easement Areas for all
purposes necessary or incidental to Grantee's at grade or subsurface installation, construction, ownership,
use, operation, maintenance, inspection, repair, replacement, renovation, improvement, removal and
enhancement of the Existing Easement Improvements and any and all underground pipelines and pump
stations and related improvements, including, but not limited to, the right to install, construct, operate,
maintain, modify, repair, replace, improve, remove and use said pump station and pipelines, pipeline
supports and all utility lines or wires (collectively referred to as "Easement Improvements ")as Grantee may
now or hereafter deem appropriate, including the addition, removal or replacement of same at Grantee's
election, either in whole or in part with either like or different size pipe and pump station, and the installation
of additional pipelines, utilities and other facilities and equipment now or hereafter associated with the
Project within the Easement Area. All Easement Improvements of any kind that are now or hereafter
acquired, constructed or installed within the Easement Areas shall be and shall at all times remain the
property of Grantee.
In the event Grantee abandons all use of the Utility Easement and determines, in its sole discretion,
that the Utility Easement is surplus to Grantee's foreseeable needs then Grantor may, upon payment to
Grantee of the then fair market value for the Utility Easement, acquire all rights in Said Utility Easement.
4. Grantee's Restoration of Property. Grantee shall, upon completion of construction of any
improvements described herein, remove any debris and restore the surface of any portion of the Property
disturbed by Grantee's construction to the reasonably approximate condition in which it existed at the date of
this Utility Easement. In addition, Grantee shall, if the Property is disturbed by the maintenance, removal,
repair or replacement of the improvements specified herein, restore the surface of the Property to the
reasonably approximate condition in which it existed at the commencement of said maintenance, removal,
repair or replacement.
5. Grantor's Use of Property. Grantor represents that it is the owner of the Property and has the
authority to enter into and perform its obligations under this Utility Easement. Grantor further represents that
there are no improvements known to Grantor located under the surface of the Easement Areas (other than
footings and foundations for the existing improvements located on the Property as of the date hereof).
Grantor reserves all other rights to use the Property including the Easement Areas, so long as such use does
not interfere with the rights granted Grantee under this Utility Easement and does not obstruct or endanger
the usefulness of the Existing Easement Improvements or any Easement Improvements now or hereafter
maintained by Grantee in the Easement Areas. Prior to any activity by Grantor in the Easement Areas that
requires use of the surface or subsurface of the Property and /or extends to within ten feet of any of Grantee's
improvements contained therein, Grantor shall notify Grantee in writing and shall provide Grantee with a
copy of all plans and specifications for such proposed activity for review at least forty -five (45) days prior to
the commencement of such activity. Grantor shall not commence such proposed activity unless and until it
has received Grantee's prior written consent that the Grantor's proposed activity will not interfere with the
Grantee's rights under this Utility Easement which Grantee hereby confirms will not be unreasonably
withheld, conditioned or delayed.
6. Indemnity. Grantee shall protect, defend, indemnify and hold harmless Grantor, and its
successors and assigns and their directors, officers, employees tenants, contractors, agents, and licensees
(collectively, "Grantor Parties from and against any and all claims, demands, causes of action, damages or
liability caused by Grantee in the installation, construction or use of the Easement Improvements; provided,
however, that Grantee shall not be liable to Grantor or any of the Grantor Parties for any claim, demand,
cause of action, Toss, damage or liability resulting from the negligence or willful act or omission of Grantor
and /or any Grantor Parties, or the concurrent negligence of Grantor and /or any Grantor Parties to the extent
of such concurrent negligence.
7. Notices. Any notices required or permitted under this Easement shall be deemed to have been
duly given if personally delivered, sent by nationally recognized overnight delivery service, or if mailed or
deposited in the United States mail and sent registered or certified mail, postage prepaid to the address listed
below or to such other address as either party may from time to time designate in writing and deliver in a like
manner. Notices may also be given by facsimile transmission (provided the fax machine has printed a
confirmation of receipt). All notices that are mailed shall be deemed received three business days after
mailing. All other notices shall be deemed complete upon receipt or refusal to accept delivery. Notices shall
be sent to the following addresses:
To Grantee: To Grantor:
City of Tukwila
6200 Southcenter Blvd.
Tukvsila, WA 98188
8. Miscellaneous Provisions
King County
Wastewater Treatment Division
Supervisor,
Regulatory Compliance Land Acquisitions Unit
Mailstop: KSC -NR -0512
201 South Jackson Street, Suite 512
Seattle. \\'A 98104 -3855
(a) Binding Effect. This Utility Easement is appurtenant to and shall run with all real property
and real property interests and easements now owned or hereafter acquired by Grantee as part of the Existing
Easement Area, which Grantor acknowledges includes underground pipelines, pump stations to and from the
Existing Easement Improvements and related facilities operated by Grantee for sewage treatment and water
3
pollution abatement facility purposes and shall inure to the benefit of Grantee, its successors and assigns and
shall be binding upon the Property and Grantor, and its successors and assigns. Grantee shall have the right
to assign its rights under this Utility Easement, in whole or in part, without approval or consent of Grantor.
(b) Construction. All of the recitals set forth above are incorporated into this Utility
Easement as though fully set forth herein. The headings contained in this Utility Easement are for
convenience of reference purposes only and shall not in any way affect the meaning or interpretation hereof,
nor serve as evidence of the intention of the parties hereto. Whenever the context hereof shall so require the
singular shall include the plural.
(c) Entire Agreement. This Utility Easement sets forth the entire agreement of the parties as
to the subject matter hereof and supersedes all prior discussions and understandings between them. This
Utility Easement may not be modified, except by an instrument in writing signed by a duly authorized officer
or representative of each party hereto.
(d) Severability. In case any one or more of the provisions contained in this Utility Easement
shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision hereoff, and this Utility Easement shall be construed as if
such invalid, illegal or unenforceable provision had never been contained herein.
(e) Waivers. No waiver of any right under this Utility Easement shall be effective unless
contained in a writing signed by a duly authorized officer or representative of the party sought to be charged
with the waiver and no waiver of any right arising from any breach or failure to perform shall be deemed to
be a waiver of any future right or any other right arising under this Utility Easement.
(1) Governing Law. This Utility Easement shall be governed by and construed and enforced
in accordance with the laws of the State of Washington.
1
Dated thisj.tj day of
Dated this (8 d ay of Jvl`7
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KING COUNTY
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STATE OF WASH]NGTON)
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COUNTY OF )G t35
On this day personally appeared before me t M
to me -known to be the g Ce of, a
n k 41 c t pa the entity that executed th vithin and foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of the said company, for the uses
and purposes therein mentioned, and on oath stated that they were authorized to execute the said instrument.
Dated:
(use this spes statrprte)
Notary Public
Print Name
My commission expires
6N
O'FLo kcT±j
STATE OF WASHINGTON)
ss.
COUNTY OF
On this day personally appeared before me h 4fl n. 1 St
to me known to be the A- of, a
Lb lam- the entity that executed the within an oregoing instrument, and
acknowledt-d the said in ment to be the free and voluntary act and deed of the said company, for the uses
and purposes therein mentioned, and on oath stated that they were authorized to execute the said instrument.
Dated:
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Notary Public 11 n
Print Name �QLccz m /T -r914
My commission expires 2.—/ 2-1201
6
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Exhibit A
INTERURBAN PUMP STATION
PERMANENT EASEMENT
That certain parcel of land situated in the City of Tukwila, County of King, State of Washington, being
that portion of the Puget Sound Electric Railroad right -of -way in the Southwest Quarter of Section 14,
Township 23 North, Range 3 East, W.M., bounded on the northeast by the northeast margin of Maule
Avenue (vacated), on the southwest by Interurban Avenue S, and on the north by the north line of the
Joseph Foster Donation Land Claim No. 39 (DLC #39); and that portion of Stephen Foster Donation
Land Claim No. 38 (DLC >38) within said section lying east of the Puget Sound Electric Railway
right -of -way; and that portion of Lot 2 of City of Tukwila Boundary Line Adjustment No. 87- 1 -BLA,
recorded under Recording No. 8703040636, records of said county, described as a whole as follows:
Commencing at the intersection of the south line of said DLC #38 with the centerline of Seattle City
Light Transmission Line right -of -way at survey station 111+42.47;
thence along said south line, South 88'32'32" East 26.18 feet to the Point of Beginning;
thence continuing, South 88°32'.32" East 44.72 feet to the northeasterly line of said Seattle City Light
right -of -way;
thence along said northeasterly line, North 43 °41'34" West 31.69 feet;
thence North 46'19'11" East 39.00 feet;
thence South 43 °41'34" East 49.99 feet;
thence North 46 °18'26" Fast 23.00 feet::
thence South 43'41'34" Fast 70.00 feet;
thence South 46' 18'26" West 23.00 feet;
thence South 43 °41'34" East 58.00 feet;
thence South 46 °18'26" West 80.00 feet;
thence North 43 °41'34" West 178.00 feet to a line that bears South 46'19'11" West;
thence North 46'19'11" East 9.46 feet to the Point of Beginning.
Excepting therefrom that portion of said Seattle City Light Transmission Line right -of -way lying
within DLC #38.
Containing: 15350 Square Feet
1
30' 40'
30' 40'
COURSE TABLE
0
O
cc
F
L1 S 8832'32' E 26.18'
L2 S 88'32'30 E 44.72'
L3 N 43'41'34' W 31.69'
L4 N 4619'11' E 39.00'
L5 S 43`41'34' E 49.99'
L6 N 4618'2 E 23.00'
L7 5 4618'26 W 23.00'
L8 5 43'41'3e E 58.00'
L9 N 4619'11" E 9.46'
INTERURBAN
PUMP STATION
P.O.C.
I
l a f c I
v §tip
Z
110'
S 4618'26 W 80.00
C/ of 10' YF,de Afefro
Sewer Esmf. Per Rec.
No. 19991213000944
`b\
P y
C3 3 X
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L7
D
SW 1/4 OF SEC. 14, T 23 N, R 4 E, W.M.
TH 8155. YJaY t
S.rx 2:0
Se_z, YLL 53164-Vm
LAND 1 SURVEYING, INC. 2
bate:
3 -31 -11
Scale.
1` 40'
Job No.
10 -64.03
Exhibit B
To Ate #y a 1a Dr o far
Permanent Easement
For Interurban Pump Station
i