HomeMy WebLinkAbout2007 - Road Access and Utility Easement - Museum of Flight / Container Properties - 2007022800289320070228002893.001
Return Address
David W. Bever
Carney Badley Spellman, P.S.
701 Fifth Avenue, Suite 3600
Seattle, WA 98104-7010
1111
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20070228002893
LANDAMERICA CO EAS 48.00
0 2/288//2007 114:54
KING COUNTY, IJA
Document Title(s) (or transactions contained therein): / % 8-
ROAD ACCESS & UTILITY EASEMENT 7
Reference Number(s) of Documents assigned or released:
(on page — of documents(s))
N/A
Grantor(s) (Last name first, then first name and initials):
Museum of Flight Foundation, a Washington nonprofit corporation
n Additional names on page __ of document.
Grantee(s) (Last name first, then first name and initials):
Container Properties, L.L.C., a Washington limited liability company
0 Additional names on page of document.
Legal description
Lot 2, Qity
(abbreviated: i.e. lot, block, plat or section, township, range)
of Tukwila Short Plat No. L05-057
is on page of document.
X Full legal
Assessor's Property
Ptn. 542260-0010
Tax Parcel/Account Number
con031.005 (ib 16c
01)
FILED FOR RECORD
AT THE REQUEST OF
gLandArnerica
win Commercial Services
/6 &?379b
20070228002893.002
ROAD ACCESS &UTILITY EASEMENT
(9229 East Marginal Way, Tukwila, Washington)
THIS ROAD ACCESS & EASEMENT (this "Easement") is made and entered into as
of February 28, 2007, by and between the MUSEUM OF FLIGHT FOUNDATION, a
Washington nonprofit corporation ("Grantor") and CONTAINER PROPER HES, L.L.C, a
Washington limited liability company and its successors and assigns, ("Grantee").
RECITALS:
A. Grantor is the owner of real property comprising approximately 6.47 acres
located at what is commonly known as 9229 East Marginal Way, Tukwila, King County
Washington and legally described as set fort on the attached Exhibit A (the "Burdened
Property" or "Grantor's Property"), which real property abuts to the east a main thoroughfare
commonly known as East Marginal Way. Grantor's Property is further identified as Lot 2 on
the City of Tukwila Short Plat, No. L05-507, King County Recording No.1''7e 1 L G 7
(the "Short Plat"). A Copy of the Short Plat is attached to this Easement as Exhibit B.
B. Grantee is the owner of real property comprising approximately 13.50 acres,
legally described as set forth on Exhibit C (the "Benefited Property" or Grantee's Property).
Grantee's Property abuts the western boundary or Grantor's Property. Grantee's Property is
further identified as Lot 1 on the Short Plat.
C. The Easement is legally described as set forth on Exhibit D and depicted on
the drawing set forth as Exhibit E (also referred to as the "Easement Area"). The Easement is
further depicted on the Short Plat as the "35' Ingress, Egress & Utility Easement".
TERMS AND CONDITIONS
In consideration of the sum of One Dollar ($1.00) and other valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants, declares
and conveys to Grantee, Grantee's successors and assigns, a nonexclusive perpetual easement
ever, under, across and through the Easement Area, with a full reservation to Grantor for
vehicular and utility use of the Easement area.
1. Incorporation of Recitals
The recitals set forth in Paragraphs A through C above are hereby incorporated by
reference.
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20070228002893.003
2. Purpose
Grantee shall have (a) the perpetual right of non-exclusive access, ingress and egress
over, across and through the Easement Area for the purpose of vehicular access to and from
Grantee's Property, and (b) for the purposes of using, operating, repairing, maintaining,
replacing the Easement Area including underground utility lines. Grantor shall also have to
right to use and enjoyment of the Easement Area for non-exclusive vehicular access to
Grantor's Property and also for the purpose of installing, using, operating, repairing and
maintaining utility lines in the Easement Area. Neither Grantor nor Grantee shall permit the
parking of vehicles within the Easement Area or the blockage of the use of the Easement Area,
3. Compliance with Laws and Rules
Grantee shall at all times exercise • its rights herein in accordance with the
requirements (as from time to time amended) of any public authority having jurisdiction and
all applicable statutes, orders, rules and regulations.
4. Construction and Maintenance.
Grantee at Grantee's sole cost and expense shall construct, build, maintain and repair
the road over the Easement Area, and shall maintain it in good repair and condition. Work
performed by Grantee on the Easement Area be completed in a careful and workmanlike
manner, free of claims or liens. Grantee shall prcvide Grantor with a least ten (10) business
days notice of the need to do any work in or on the Easement Area, and shall coordinate such
work with Grantor so as to not unreasonably interfere with Grantor's use of the Easement Area,
and so as to not interrupt access over the Easement Area during Grantor's regular business
hours. Grantee shall cause any liens filed against the Easement Area as a result of Grantee's
work to be removed within ten (10) days written notice or to post a bond equal to 150% of any
such lien to protect Grantor's title to the Burdened Property. Upon completion of any entry or
work, Grantee shall promptly remove all debris and restore the F.asement Area
5. Insurance and Indemnification.
(a). Grantee shall, at its sole cost and expense, procure and continue in force a
Commercial General Liability Insurance policy providing limits of not less than two million
dollars ($2,000,000.00) combined single limit of liability applicable to both bodily injury and
property damage per occurrence in aggregate, Grantee shall also have Grantee's general
contractors procure similar insurance. Any insurance policies required hereunder, including
the general contractor's insurance, shall name Grantor, and Grantor's mortgagee (if applicable)
as an additional insured and Grantee shall furnish Grantor evidence of said insurance coverage
prior to Grantee's execution of this Agreement.
(b). In addition to the foregoing, Grantee shall indemnify, defend and hold
Grantor, and its respective employees, officers, directors, agents and invitees harmless from
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[03003-0179-000000/MOF Access Road Easement (lb 16cv01').doc] 2/19/07
20070228002893.004
and against any loss, cost, damage, injury, expense (including reasonable attorney's fees),
cause of action, claim and/or lien arising, filed or made against or incurred by Grantor and/or
the Easement Area and/or the Grantor's property arising or incurred by reason of the acts or
omissions of Grantee, its agents, employees, contractors, sub -contractors, invitees or
Grantees in the use of the Easement Area or the exercise of the rights granted hereunder.
This indemnity includes, without limitation, third party claims by government agency or
authority regarding permits for work or the authority of Grantee to perform construction work
on the Property. The foregoing indemnification shall not cover any loss, cost, damage,
injury, expense (including attorneys' fees), cause of action, claim or lien to the extent the
same is caused by the negligent act or omission of Grantor, its employees or agents. The
provisions of this Section 5(b) shall survive the expiration or earlier termination of this
Easement.
6. Covenants Running with the Land
The terms and conditions of this Easement Agreement shall be covenants running
with the land, and shall burden and benefit Grantor, Grantee and their respective successors
and assigns in interest of the Grantor Property and the Grantee Property, respectively. At
such time as Grantee no longer owns any of the Grantee Property, Grantee shall thereupon be
released from all liabilities and obligations hereunder arising after the date of the trap fer of
Grantee's interest, and all such liabilities and obligations shall be binding solely on Grantee's
successors in interest to title to the Grantee Property.
7. Assignment to Utility Provider
The easement rights with respect to utilities granted hereunder are assignable by
Grantee to any provider of utility services to the Grantee Property so long as such utility
provider agrees to be bound by all of the terms) and conditions set forth herein and Grantor
consents to such assignment, which consent shall not be unreasonably withheld or delayed.
Upon any such assignment, Grantee shall thereupon be released from all liabilities and
obligations hereunder that accrue after the date of such assignment and all such liabilities and
obligations shall be binding solely on the assignde.
8. Attorneys' Fees
in the event either party brings a legal action against the other party to enforce its
rights hereunder, the substantially prevailing parity shall be entitled to receive reimbursement
from the other party of such prevailing party's dosts incurred in such legal action (including
the costsof appeal), including the reasonable fees and disbursement of the prevailing party's
attorneys, in addition to all other rights and remedies available to the prevailing party at law
or in equity.
t03003-0179-000000Rv1OF Access Road Easement ('ibl6cv01').docl
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20070228002893.005
9. No Merger of Estates
This Easement shall not extinguish or terminate by operation of the doctrine of
merger or otherwise due to the existing or future common ownership of the real property
described herein.
10. Choice of Law
This Easement Agreement shall be governed by the law of the State of Washington,
exclusive of its choice of law rules.
11. Warranty and Representation of Authority
The parties each represent to the other that theperson or persons executing this
Easement has authority to do so and to bind the parties hereunder. All consents, permissions
and approvals related to entry into this Easement Agreement, and the obligations hereunder,
have been obtained.
12. Severability
Invalidation of any of the provisions contained in this Easement Agre
application thereof to any person, by judgment or court order shall in no way
other provisions thereof or the application thereof to any other person and the s
in full force and effect.
rent, or of the
ect any of the
e shall remain
13. Non -Waiver
The failure of any party to insist upon strict performance of anyl of the terms,
covenants or conditions hereof shall not be deemed a waiver of any rights or remedies which
that party may have hereunder or at law or equity and shall not be deemed waiver pf any
subsequent breach or default in any of such terms, covenants or conditions.
[03003-0179-000000/vMOF Acces
Road Easement eib 16cv01').doc]
PAGE
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20070228002893.006
IN WITNESS WHEREOF, the parties have executed this Easement Agreement as of
the date first above written.
Grantor:
MUSEUM OF FLIGHT FOUNDAION,
a Washington nonprofit corporation
By:
Bonne J. Du
its: Pres_dent &
r
Grantee:
CONTAINEa PROPERTIES, LLC,
a Washington limited liability company
By:
• Mark W Robison
Authorized NI
(03003.0179.000000/MOF Acres
mber
PAGE 6
Road Ea$ement ('ibl6cv01').docj 2/19/07
20070228002893.007
STATE OF WASHINGTON )
) ss.
COUNTY OF KING s )
On this d day of bruary, 2007, b5.fre me personally appeare_
me known to be the i C�- U of Grantor MUSEUM OF FLIGHT
FOUNDATION, a nonpro it corporation that executed the within and foregoing instrument,
and acknowledged the said instrument to be the free and voluntary act and deed of said non
profit corporation, for the uses and purposes therein mentioned, and on oath stated that he
was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above
written.
(Use This Space for Notarial
Seal Stam4\s‘\‘‘‘ttt11
�.`` EVOE[ r11�/
g$ION Fy f:
Q-jr��0144 .4p �A
/WAg' ,
U2 ia.�r�%�
Notary Publiin and for the Ste of Washington,
residing at
I r
My commission expires: a% • �•s/d�
•
ti
[Type or Print Notary Name]
PAGE 7
[03003-0179-000000/MOF Access Road Easement ('ib 16cv01'}.docl 2/19/07
20070228002893.008
STATE OF WASHINGTON
) ss.
COUNTY OF KING )
On this 2,1, day of February, 2007, before me personally appeared MARK W.
ROBISON to me known to be the Authorized Member of CONTAINER PROPERTIES,
L.L.C., the limited liability company that executed the within and foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said limited
Iiability company, for the uses and purposes therein mentioned, and on oath stated that he
was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above
written.
mutt
A, gtarial
AOTbsf1: r
rd
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o s.
N111: N%'
0 0.,o t
Notary Public in and for the State of Washington,
residing at
My commission expires: o Ti *tunti
[Type or Print Notary Name]
[03003-0179-000000/MOF Access Road Easement ('ib16cv01').doc)
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20070228002893.009
EXHIBIT A
LEGAL DESCRIPTION
BURDENED PROPERTY- GRANTOR'S PROPERTY
Lot 2, City of Tukwila Short Plat No. L05-057, recorded under Recording No. 0160 715 ,ZZCCID0007
t03003-0179-000000/M0F Access Road Easement ('ibl6cv01').doc]
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20070228002893.010
EXHIBIT B
CITY OF TUKWILA
SHORT No. L05-057
j03 003-0179-000 000/MOF Access Road Easement ('ib16ev01').doc]
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2/19/07
EXHIBIT C
LEGAL DESCRIPTION
BENEFITED PROPERTY-- GRANTEE'S PROPERTY
Lot 1, City of Tukwila Short Plat No. L05-057, recorded under Recording No
(03003-0179-000000/MCr Acness Road Easement Cibl6ev01').docl
20070228002893.012
�bo'f o22k.
coe'oc 7
PAGE 11
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20070228002893.013
EXHIBIT D
LEGAL DESCRIPTION
OF THE EASEMENT AREA
[03003-0179-000000/MOF Acc ss Road Easement Cibl6cv01').doc]
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20070228002893.014
LEGAL DESCRIPTION
INGRESS/EGRESS AND UTILITIES EASEMENT
An Ingress/Egress and Utilities Easement over, under, and across the following described land:
That portion of Tracts 1 and 2 of The Meadows, according to the partition map of part of the
Francis McNatt Donation Land Claim No. 38 filed in King County Superior Court Cause
No. 120091, and of the abandoned bed of the Duwamish River, all located in Section 33,
Township 24 North, Range 4 East, Willamette Meridian, in King County, Washington, and all lying
Westerly of the Westerly margin of East Marginal Way South and also Westerly of the parcel of
land adjoining East Marginal Way which was conveyed to Great Northern Railway Company by
Deed recorded under Recording No. 4784818; lying Easterly of the Easterly margin of the
right-of-way of Commercial Waterway District No. 1 {Duwamish Waterway); lying Southerly of the
hereinafter described "Line A"; lying Northerly of the hereinafter described "Line B", and lying
Easterly of the hereinafter described "Line C".
Line A:
COMMENCING on the Westerly margin of East Marginal Way South, which point bears
North 88° 07' 02" West a distance of 2470.01 feet along the Donation Claim Line and
South 22° 32: 07" East a distance of 648.77 feet along the Westerly margin of East Marginal Way
South from the intersection of the line between the Donation Claims of Francis McNatt and Henry
Van Asselt With the East fine of Section 33, Township 24 North, Range 4 East, Willamette
Meridian, In King County, Washington;
RUNNING THENCE South 88° 51' 08" West, a distance of 1574.72 feet to the East line of
Commercial Waterway District No. 1;
THENCE Sotllth 14" 00' 00" East along said Easterly line, a distance of 237.76 feet to the POINT
OF BEGINNING of said "Line A";
THENCE South 88` 51' 08" East, a distance of 1058.10 feet;
THENCE South 22° 10' 28" East, a distance of 46.03 feet;
THENCE South 88° 51' 08" East, a distance of 542.82 feet to the Westerly margin of East
Marginal Way South and the terminus of said "Line A";
Line B:
COMMENCING on the Westerly margin of East Marginal Way South at a point which bears
North 88° 07'02" West, a distance of 2470.01 feet along the Donation Claim Line and
South 22° 32107" East a distance of 1374.17 feet along the Westerly margin of East Marginal
Way South from the intersection of the line between the Donation Claims of Francis McNatt and
Henry Van AM`selt with the East line of Section 33, Township 24 North, Range 4 East, Willamette
Meridian, in Icing County, Washington, said point being at the intersection of the Westerly margin
Project Name: Davis Property & Investment
August 31, 2005
Revised: October 27, 2006
Revised: January 17. 2007
WRWrss
10265L.003.ddc
Exhibit: 10265EX3-ACC.dwg
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