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Home My WebLink About2006 - Easement - International Gateway East III / Sabey Corporation - 20060110000867Return to: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 EASEMENT iirii ri r 20060110000867 CITY OF TUKUIL EAS 39.00 PAGE001 OF 008 01/10/2006 10:40 KING COUNTY, UA Above this line reserved for Recorder's use Grantor /Borrower: INTERNATIONAL GATEWAY WEST LLC, a Washington State limited liability company 1. Recitals. A. The Grantor is the owner of that certain real property legally described on Exhibit 'A' attached hereto and incorporated herein by this reference (Lot A). Page 1 of 8 Grantee /Beneficiary: CITY OF TUKWILA, a municipal corporation of King County, Washington. Document Reference Number(s): BLA #98 -0033. AFN 9810059013 PW04- 023 Section/Township /Range: Section 9, Township 23 North, Range 4 East, W.M. Assessor's Tax Parcel Number(s): 092304 -9367 Abbreviated Legal Description: PTN. of Lot A, City of Tukwila BLA L98 -0033 filed under AFN 9810059013, records of King County Washington Full legal descriptions of subject property and public utility easement are provided in Exhibits `A' and `B', respectively, and the public utility easement is depicted in the Exhibit Map, which are all attached and incorporated by reference. B. This instrument sets forth the terms and conditions under which the Grantor will grant the Grantee an easement. 2. Grant of Easement. A. For and in consideration of one dollar (91.00) and other valuable consideration, the receipt of which is hereby acknowledged, INTERNATIONAL GATEWAY WEST LLC, (Grantor') grants, conveys, and warrants to the CITY OF TUKWILA, "Grantee for the purposes hereinafter set forth, a perpetual easement under, across, and over the area legally described in Exhibit B and depicted in the Exhibit Map and incorporated herein by this reference. 3. Purpose of Easement. The Grantee shall be entitled to use the easement under, across, and over Parcel A in perpetuity for the purpose or purposes of: General Provisions. Ingress, Egress and Maintenance of Utilities A. Access. Grantee shall have the right of access to the easement under, across, and over the Property to enable Grantee to exercise its rights hereunder. B. Indemnification. Grantee shall hold the Grantor and its officers, agents and employees harmless from all costs, claims, or liabilities of any nature, including attorneys' fees, costs, and expenses for or on account of injuries or damages sustained by any persons or property resulting from the negligent activities or omissions of the Grantee resulting from this easement. Grantor shall hold the Grantee and its officers, agents and employees harmless from all costs, claims or liabilities of any nature including attorneys' fees, costs and expenses for or on account of injuries or damages sustained by any persons or property resulting from the negligent activities or omissions of the Grantor, or Grantor's agents or employees resulting from this easement. C. Attorneys' Fees. In the event that any suit or other proceeding is instituted by either party to this instrument arising out of or pertaining to this instrument or the relationship of the parties, including but not limited to the filing of a lawsuit, a request for an arbitration, mediation, or other alternative dispute resolution process (collectively, "Proceeding and any appeals and collateral Page 2 of 8 actions relative to such a Proceeding, the substantially prevailing party as determined by the court or as determined in the Proceeding shall be entitled to recover its reasonable attorneys' fees and all costs and expenses incurred relative to such Proceeding from the non prevailing party, in addition to such other relief as may be awarded. D. Binding Effect. This instrument shall be binding upon and inure to the benefit of the parties and their successors, heirs, assigns, and personal representatives and all persons claiming by, through or under the parties hereto. The easement created by this instrument shall be appurtenant, shall touch and concern the real property identified as Lot A, and shall run with the land. E. Applicable Law. This instrument shall be governed by and construed in accordance with the laws of the State of Washington. Jurisdiction over and venue of any suit arising out of or related to this instrument shall be exclusively within the state or federal courts of King County, Washington. F. Entire Agreement. This instrument contains the entire agreement between the parties with respect to this matter. It may not be modified except in a writing signed by both parties. G. Waiver. Any waiver by a party of a breach of any provision of the agreement contained within this instrument by the other party shall not operate or be construed as a waiver of any subsequent breach by that party. No waiver shall be valid unless in writing and signed by the party against whom enforcement of the waiver is sought. H. Severability. if for any reason any portion of this instrument or any agreement contained herein shall be held to be invalid or unenforceable, the holding of invalidity or unenforceability of that portion shall not affect any other portion of this instrument or agreement and the remaining portions of the instrument shall remain in full force and effect. Notices. Any notice required or desired to be given under this instrument shall be deemed given if it is in writing and actually delivered to the party, or sent by certified mail to the address listed below for that party: Page 3 of 8 CITY OF TULA, WASHINGTON B y Title: Mayor Jam vi Harmon Title: Treasurer and Secretary Date: 113-lf„if Date: I/ /I(D /0's Attest/Authenticated: Cyt'9JClerk STATE OF WASHINGTON )ss. COUNTY OF KING I certify I have know or have satisfactory evidence that James N. Harmon is the person who appeared before me, and said person acknowledged that he signed this instrument on oath stated that he was authorized to execute the instrument and acknowledge as the Secretary and Treasurer of Sabey Corporation, Manager of International Gateway West LLC, a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated t tt a, aooS MARY A. HALL I STATE OF WAASIRIGTOU NOTARY-- PUBLIC ❑Y CCNB!SS;C;i EXPIRES'? Page 4 of 8 GRANTOR International Gateway West LLC By: Sabey Corporation, Manager By: Approved As To Form: City Attorney cidckiaL, /q {q- f FICI LC— Notary Public`in and for the State of Washington residing at __�X. -C- My appointment expires t Z' 1 Or STATE OF WASHINGTON County of King ss. On this up day of the undersigned, a Notary Public commissioned a d savor ^It PI o �OTAP,k i O PUBUG ti O in and for the Mayor and City Clerk, respectively, of CITY OF TUKWILA, the municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said municipal corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he /she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year above written. Page 5of8 20 before me, State of Washington, duly personally appeared and known to me to be the print name e Rgibtelt M P NOTARY PUBLIC in and for the State of Washington, residing at Cmsn ap 5/9/67 EXHIBIT "A" LEGAL DESCRIPTION FOR LOT A, BLA #L98 -0033 Beginning at a point on the south line of the north half of the north half of the Southeast Quarter of the Southeast Quarter of Section 9, Township 23 North, Range 4 East, Willamette Meridian, King County, Washington that is South 89°30'18" East 609.74 feet from the southwest corner of said north half of the north half of the Southeast Quarter of the Southeast Quarter; Thence North 02 °17'29" East 323.19 feet to a point on the north line of said north half of the north half of the Southeast Quarter of the Southeast Quarter that is South 89 °27'33" East 614.27 feet from the northwest corner of said Southeast Quarter of the Southeast Quarter of Section 9; Thence South 89 °27'33" East, along the north line of said Southeast Quarter of the Southeast Quarter, 104.16 feet to a point that is North 89 °27'33" West 300.00 feet from the intersection of said north line of the Southeast Quarter of the Southeast Quarter with the westerly right -of -way line of Primary State Highway No. 1 (SR 99) South 118'" St. to Jct. S.S.H. No. 1 -K approved July 23, 1957; Thence North 24 °13'53" West 121.11 feet; Thence North 63 °55'24" East 58.16 feet; Thence North 82 °22'27" East 64.93 feet; Thence South 05°01'10" East 18.41 feet; Thence North 75 °53'44" East 106.07 feet; Thence South 78 °38'58" East 7.83 feet; Thence North 71 °35'51" East 61.96 feet; Thence North 73 °32'42" East 16.58 feet to a point on said westerly right -of -way line of SR 99; Thence following said westerly right -of -way line along the arc of a 2815.00 -foot radius non tangent curve to the right, (the center of which bears South 77 °37'33" West) through a central angle of 4 °04'51 a distance of 200.50 feet; Thence continuing on said westerly right -of -way line South 12 °22'27" East 314.17 feet to a point on said south line of the north half of the north half of the Southeast Quarter of the Southeast Quarter; Thence North 89 °30' 18" West 488.07 feet to the Point of Beginning. Situate in the City of Tukwila, King County, Washington and containing 189,220 square feet of land more or less. Page 6 of 8 EDIT `B" LEGAL DESCRIPTION FOR LNGRESS, EGRESS AND MAINTENANCE EASEMENTS FOR TRAFFIC SIGNAL POLES That portion of Lot A, City of Tukwila Boundary Line Adjustment No. L98 -0033, filed under King County Auditor's File Number 9810059013, records of King County, \Vashington, described as follows: Commencing at the southeast corner of Lot A, City of Tukwila Boundary Line Adjustment No. L98- 0033, filed under King County Auditor's File Number 9810059013, records of King County, Washington, said point being the intersection point of the west margin of Tukwila International Boulevard and the south line of the north half of the Northeast Quarter of the Southeast Quarter of the Southeast Quarter of Section 9, Township 23 North, Range 4 East, W.M.; Thence North 12 °22'27" West along said west margin a distance of 12.92 feet to the True Point of Beginning; Thence leaving said west margin South 77 °37'33" West a distance of 25.00 feet; Thence North 12 °22'27" West a distance of 20.00 feet; Thence North 77 °37'33" East a distance of 25.00 feet to a point on the west margin of Tukwila International Boulevard; Thence South 12 °22'27" East along said west margin a distance of 20.00 feet to the True Point of Beginning. TOGETHER WITH that portion of Lot A, City of Tukwila Boundary Line Adjustment No. L98- 0033, filed under King County Auditor's File Number 9310059013, records of King County, \Vashington, described as follows: Commencing at the southeast corner of Lot A, City of Tukwila Boundary Line Adjustment No. L93- 0033, filed under King County Auditor's File Number 9810059013, records of King County, Washington, said point being the intersection point of the west margin of Tukwila International Boulevard and the south line of the north half of the Northeast Quarter of the Southeast Quarter of the Southeast Quarter of Section 9, Township 23 North, Range 4 East, W.M1.; Thence North 12 °22'27" West along said west margin a distance of 91.69 feet to the True Point of Beginning; Thence leaving said west margin South 77 °37'33" \Vest a distance of 14.50 feet; Thence North 12 °22'27" West a distance of 20.00 feet; Thence North 77 °37'33" East a distance of 14.50 feet to a point on the west margin of Tukwila International Boulevard; Thence South 12 °22'27" East along said west margin a distance of 20.00 feet to the True Point of Beginning. Situate in the City of Tukwila, County of King, State of Washington. DAVID EVANS ASSOCIATES, INC. 1620 W. MARINE VIEW DRIVE, SUITE 200 EVERETT, A 98201 TEL: (435) 259-4099 FAX: (425)259-3230 Page 7 of g SC11Ci+ 9 1/16 UNE LOT A BLA x98 -0033 AFT: 9810059013 EXHIBIT MAP INGRESS, EGRESS MAINTENANCE EASEMENT CITY OF TUKULA, KING COUNTY, WASHINGTON IN^ ESS, E llk'NTaw.;DE l- FLYENT TO CITY OF 11f. {WiLA II V�L SOUTH LINE OF NORTH HALF, NE1 /4 5E1/4 Or S>1 /4 SE CI1W W 9, T1? 23 N. RGESC, WM N u r rv I yI l57 1292 Eica PCT_ tilt) 1 Z CORNER O: LOT A, BLA 93 -0333 COVA!tZ;C•? /ill PUNT rye 1 UNE I L51 1 L52 1 LS 2J.GY i `6i 1 NTETI3VE I 15. n 1 E 1 o O Ql 7 i 0 Q 0 1 Oo Z 0 0 1� O S L54 Las LINE TABLE ETC .'KNS S77'3133' t/ 1 '1222'27'W S /Ia /3; W Ai 222 "A I a SCALE: =50' o6TA, ;tEI 25.03' 20.00' I 25.03' K` s 7 Oa A- 0 i2 o 0 0 DAVID EVANS AND ASSOCIATES INC. 1620 W. Marine View Drive, Suite 200 Everett Washington 93201 Phone: 425.259 4099