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Home My WebLink About2018 - Storm Easement - South Central School District / City of Tukwila - 20180207001088After Recording, Return to: CITY OF TUKWILA City Clerk 6200 Southcenter Blvd. Tukwila, WA 98188 EASEMENT Rec: $78.00 2/7/2018 3:21 PM KING COUNTY, WA STORM EASEMENT i n Grantors: South Central School District 406, as their separate estate Grantee: City of Tukwila, a municipal corporation of the State of Washington Legal Description: THAT PORTION OF THE STEPHEN FOSTER DONATION CLAIM NO. 38 IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: A TRACT OF LAND BOUNDED ON THE NORTH BY SOUTH 137TH STREET, ON THE EAST BY 53RD AVENUE SOUTH, IN THE WEST BY COLLEGE STREET (NOW 52ND AVENUE SOUTH), AND ON THE SOUTH BY HELD AVENUE (NOW 139TH STREET). Additional Legal(s) Exhibit A and A-1, attached hereto and made part of Assessor's Tax Parcel ID#: 000300-0010 53rd Avenue South Project THIS EASEMENT AGREEMENT, made this 2311 6l day of Jant tar j , 2018, by and between King County School District No. 144, as their separate estate ("Grant " herein), and the CITY OF TUKWILA, a municipal corporation of the State of Washington, ("Grantee" herein), WITNESSETH: 1. Grant of Easement. The Grantors, for and in consideration of TEN DOLLARS ($10.00), and other good and valuable consideration, receipt of which is hereby acknowledged, hereby grant and convey 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 Project Parcel No. 21 1 placement, operation, and maintenance of public and private storm drainage facilities ("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. 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 Utility. Grantee shall have the right to construct, operate, maintain, repair, replace, improve, remove, and enlarge storm drainage facilities and associated features within the Easement Areas for the purpose of constructing and maintaining utilities. Such utilities may include, but is not limited to: 4. Utility Features. Above and below ground water quality treatment facilities, above and below ground vaults, catch basins, storm drainage pipe, 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 storm drainage features, Grantee may, from time to time, construct such additional facilities as it may require for such storm drainage features. 5. 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. 6. 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. 7. 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 Project Parcel No. 21 2 required, shall not be unreasonably withheld. Grantor shall not construct or maintain any buildings within the Easement Areas. 8. 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 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. 9. 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 a3r-al day of \Ja n L 6 ry , 2018. GRANTOR(S): BY'L Date:y STATE OF WASHINGTON COUNTY OF KING I hereby certify that I know or have satisfactory evidence that `TAU i f k Perry is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it to be his/her free and voluntary, act for the uses and purposes mentioned in this instrument. Dated: /°3 Signature: ittL -2 J14 Notary Public in and for the State of Washington Notary (print name): a r 1 C 11 (LA . 14-tzc°SS i t"1 r Residing at: Project Parcel No. 21 3 EXHIBIT A PARCEL NO. 000300-0010 STORM 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, 555.99 FEET TO THE INTERSECTION OF SAID SOUTH LINE WITH THE CENTERLINE OF 53RD AVENUE SOUTH; THENCE NORTH 01° 03' 21" EAST ALONG SAID CENTERLINE, 403.30 FEET; THENCE NORTH 88° 56' 39" WEST, 20.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE WESTERLY MARGIN OF 53RD AVENUE SOUTH; THENCE NORTH 01 ° 03' 21" EAST ALONG SAID WESTERLY MARGIN, 16.68 FEET; THENCE NORTH 88° 56' 39" WEST, 16.00 FEET; THENCE NORTH 01 ° 03' 21" EAST, 27.00 FEET; THENCE NORTH 88° 56' 39" WEST, 1.50 FEET; THENCE SOUTH 01 ° 03' 21" WEST, 9.30 FEET; THENCE SOUTH 72° 40' 26" WEST, 29.74 FEET; THENCE NORTH 88° 56' 39" WEST, 19.28 FEET; THENCE SOUTH 01 ° 03' 21" WEST, 25.00 FEET; THENCE SOUTH 88° 56' 39" EAST, 65.00 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 1652 SQUARE FEET, MORE OR LESS. PARCEL "A": (PER TICOR TITLE COMPANY ORDER NO. 70064119, DATED JANUARY 5, 2017) THAT PORTION OF THE STEPHEN FOSTER DONATION CLAIM NO. 38 IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: A TRACT OF LAND BOUNDED ON THE NORTH BY SOUTH 137TH STREET, ON THE EAST BY 53RD AVENUE SOUTH, IN THE WEST BY COLLEGE STREET (NOW 52ND AVENUE SOUTH), AND ON THE SOUTH BY HELD AVENUE (NOW 139TH STREET). 21. 000300-0010 ST-ESMT.DOCX Page 1 of 1 IACOMA• SfA11LE N.T.S. u) uJ I4 DATE:07/31/2017 SW 1/4, SEC. 14, T. 23 N., R. 4 E., W.M. S 137TH ST TAX LOT NUMBER 000300-0010 STORM EASEMENT AREA = 1652 S.F.± S 138TH ST SOUTH LINE STEPHEN FOSTER D.L.C. EXISTING RIGHT OF WAY c. N 88.56'39" 20.00' EXISTING RIGHT OF WAY 3' .1 20' ROW EXISTING RIGHT OF WAY 'CD c7j N.) *4- a S 88.33'21" E 555.99' FILE: 21. 000300-0010 ST-ESMT.DWG 753 911 Ave N Seattle, WA 98109 (206)286-1640 wv.kplcom 2502 Jefferson Ave Tama, WA 98402 (253)627,0720 EXHIBIT A-1 PARCEL 000300-0010 STORM EASEMENT