HomeMy WebLinkAbout2006 - Easement Replacement Form - ERRE - 20060505000087Return to:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
41 00
PAGE001 OF 010
05/05/2006 09:21
KING COUNTY, UA
Above this line reserved for Recorder's use
EASEMENT REPLACEMENT FORM
Grantor: ERRE, a Limited Liability Corporation
Grantee/Beneficiary: CITY OF TUKWILA, a municipal corporation of King County,
Washington.
Document Reference Number(s): 197703220819
Section/Township/Range: 26 -23 -04
Assessor's Tax Parcel Number(s): 262304912005
Abbreviated Legal Description:
262304 120 POR SE 1/4 OF SW 1/4 BEG SE COR SD SUBD TH N 87 -45 -57 W
481.05 FT TO W MGN OF SOUTHCENTER PARKWAY TH N 11 -59 -33 W 725.43
FT TO TPOB TH N 88 -25 -36 W 66.85 FT TH S 11 -59 -33 E 91.74 FT TH N 88 -25 -36
W 115.17 FT TH N 11 -59 -33 W 261.67 FT TH N 85 -12 -11 E 182 FT TO W MGN
SOUTHCENTER PARKWAY TH SLY ALG SD W MGN ON A CURVE TO LFT
CENTER BEARING N 82 -54 -26 E RAD 991.37 FT ARC DIST 84.78 FT THRU C/A
04 -53 -59 TH S 11 -59 -33 E 105.15 FT TO TPOB TGW POR SE 1/4 OF SW 1/4 BEG
SE COR SD SUBD TH N 87 -45 -57 W 481.05 FT TO W MGN SOUTHCENTER
PARKWAY TH N 11 -59 -33 W 830.58 FT TH CONTG ALG SD W MGN ON A
CURVE TO RGT RAD 991.37 FT ARC DIST 124.78 FT THRU C/A OF 07 -12-41 TO
TPOB TH S 86 -40 -03 W 274.13 FT TH N 01 -08 -35 E 30.66 FT TH S 88 -51 -25 E
272.38 FT TO W MGN SOUTHCENTER SOUTH TH SLY ALG SD W MGN ALG
A CURVE TO LET CENTER BEARING N 85 -45 -26 E RAD 991.37 FT ARC DIST
9.31 FT THRU C/A 00 -32 -18 TO TPOB
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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 ("Parcel A
B. The Grantee is the beneficiary of an easement across this property under
recording 19770322081.
C. The Grantor and the Grantee find it in their best interest to replace this
easement with a new easement.
D. This instrument sets forth the terms and conditions under which the Grantor
and the Grantee will replace the existing easement.
2. Grant of Easement.
In consideration of the Grantee releasing and abandoning its easement recorded
19770322081, the Grantor grants, sells, conveys, and warrants to the Grantee, its
successors and assigns, a perpetual easement and right -of -way under, across, upon, and
over that certain property situated in King County, Washington, and more fully described
on Exhibit A attached hereto. A legal description of said easement is attached hereto as
Exhibit B and incorporated herein by this reference.
3. Purpose of Easement.
The Grantee shall be entitled to use the easement for underground storm line or lines with
necessary appurtenances. Grantee shall have the right without prior institution of suit or
proceeding at law, at such times as may be necessary, to enter upon said property for the
purpose of operating, maintaining, repairing, replacing, or reconstructing said storm line or
lines, or making connections therewith, without incurring any legal obligations or liability
therefore; provided that such operating, maintaining, repairing, replacing, or reconstruction
of said storm lines, line, appurtenances, connections shall be accomplished in such a
manner that private improvements in this right -of -way shall not be disturbed or destroyed,
or in the event they are disturbed or destroyed, they will be replaced in as good a condition
as they were immediately before the property was entered upon by Grantee.
Page Z of i 00
Grantor shall retain the right to use the surface of said right -of -way so long as said use does
not unduly interfere with the maintenance and repair of storm line, lines, appurtenances,
connections and so long as permanent buildings or structures are not installed on said right
of -way.
Grantor acknowledges that said storm line or lines may affect the natural drainage flow
across property owned by Grantor adjoining the easement and right -of -way and release
Grantee from any and all damage that may be caused by said drainage flow.
4. General Provisions.
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 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 altemative dispute resolution process (collectively,
"Proceeding and any appeals and collateral 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
Parcel A, and shall be binding on Grantor's successors, heirs, and assigns and shall run with
the land.
Page 3 of IL
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.
I. 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 4 of /J
DATED this
Print Name:
STATE OF WASHINGTON
COUNTY OF KING
and year first above written.
(seal)
B ra c Dec r
Z0 day o f Jah
Qicls: Prapti:J fry i?irn c L =n cc ✓lem�i
Its: Br D A l ec t, o,' ey
ss.
On this 0-0
day of �`c-O- 2006, before me a Notary Public in and for
the State of Washington, personally appeared ?�7 �t eci i_ to me
known to be the eter Q�/ of \�ec.\(a( -th a limited
liability corporation that executed the foregoing instrument, and acknowledged it to be the
free and voluntary act of said corporation, for the uses and purposes mentioned in this
instrument, and on oath stated that he /she was authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
Name: 64.
NOTARY PUBLIC, in and for the State of
Washington, residing at
Page 5— of
My commission expires:
,2000
Co
DATED this 2 of 209t'
GRANTEE: CITY OF TUKWILA
Lt.k,h VV\ vV\
vror
City Gl'e
STATE OF WASHINGTON
ss.
County of King
On this 3 5f day of J �t•\„\�c 20 0 6 before me, the
undersigned, a Notary Public in and for the State of Washington, duly commissioned and
sworn, personally appeared 5 l e J e 4, tY vL l e and
cc^ e r\v'- C 5 known to me to be 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.
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NOTARY PUBLIC in and for the
State of Washington, residing at
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EXHIBIT A —1
LEGAL DESCRIPTION OF GRANTOR'S PROPERTY AND DEPICTION
EXISTING EASEMENT
P.8
Legal Description of the 100 Year Storm Drain Easement Over the Parkway Plaza West
Project Site.
That portion of the southeast quarter of the southwest quarter of Section 26, Township
23 North, Range 4 East, W. M. in the City of Tukwila, King County, Washington, lying
within a strip of land 10 feet in width, having 5 feet of said width on each side of the
following described centerline:
Beginning at the southeast corner of said southeast quarter of the southwest quarter of
Section 26;
Thence North 87 °45'57" West along the south line of said southeast quarter of the
southwest quarter a distance of 1312.15 feet to the southwest comer of said southeast
quarter of the southwest quarter;
Thence North 00 °56'36" East a distance of 819.01 feet;
Thence North 85 °08'34" East a distance of 160.64 feet;
Thence North 40 °10'04" East a distance of 10 feet to the true point of beginning;
Thence North 54 °56'50" East a distance of 87.31 feet;
Thence South 89 °40'45" East a distance of 32.00 feet;
Thence South 72 °56'37" East a distance of 77.65 feet;
Thence South 67 °41'17" East a distance of 125.35 feet;
Thence North 85 °12'11" East a distance of 174.86 feet to the west margin of
Southcenter Parkway and the true point of beginning.
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EXHIBIT A s'
LEGAL DESCRIPTION OF GRANTOR'S PROPERTY AND DEPICTION
EXISTING EASEMENT
EXTIIBIT B
LEGAL DESCRIPTION AND DEPICTION OF REPLACEMENT EASEMENT
Drainage Easement
A strip of land 10 feet in width over, under and across that portion of the Southwest 1/4 of
Section 26, Township 23 North, Range 4 East, \\'.114., in King County, Washington, the centerline
of which is described as follows:
Beginning at the south 1/4 corner of said Section 26; thence N 87 0 45'57" W along the section line
a distance of 481.05 feet to the west margin of Southcenter Parkway; thence N 11 0 59'33" \\r
along said margin a distance of 725A3 feet to a boundary with a Tract conveyed by deed recorded
under recording number 8912290859; thence continuing N 11 0 59'33" W along said west margin
of Southcenter Parkway a distance of 105.15 feet to a point of curve; thence along said cure to
the right having a radius of 991.37 feet through a central angle of 03 °16'58 an arc distance of
56.80 feet to the IRIJE POE\ 1' OF BEGENITTG of said centerline; thence S 85 °15'27" W a
distance of 23.61 feet; thence N 70 0 26'32" W a distance of 55.57 feet to a point 5 feet south of
the boundary of a common driveway easement (Easement No. 1 as reserved in deed recorded
under recording number 8912290859); thence S 85 °12' 11" W and parallel with said driveway
easement a distance of 103.61 feet to a point 5 feet easterly of said driveway easement; thence 5
11 0 59'33" E parallel with said drivev, av easement a distance of 28.65 feet to the teiininus of said
centerline, said point bearing N 78'00'27" E a distance of 5.00 feet from the easterly margin of
said driveway easement
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ENUITBIT Bei 2,
LEGAL DESCRIPTION-AND DEPICTION OF REPLACEMENT EASEMENT
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