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Home My WebLink About2018 - Sidwealk and Utility Easement - South Central School District / City of Tukwila - 20180207001084After Recording, Return to: CITY OF TUKWILA City Clerk 6200 Southcenter Blvd. Tukwila, WA 98188 \II LI \I\L 1\ 1ll'h i n EASEMENT Rec: $78.00 217!2018 3:21 PM KING COUNTY, WA I E 1111in SIDEWALK and UTILITY EASMENT Grantors: South Central School District 406, as their separate estate Grantee: City of Tukwila, a municipal corporation of the State of Washington Legal Description: EAST HALF OF TRACT 2, EXCEPT THE WEST 55 FEET THEREOF, AND ALL OF TRACT 11, BLOCK 1, COLEGROVE'S ACRE TRACTS, ACCORDING TO PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 85, IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 100 FEET OF THE NORTH 127.4 FEET OF TRACT 11. SITUATED IN THE COUNTY OF KING, STATE OF WASHINGTON. Additional Legal(s) Exhibit A and A-1, attached hereto and made part of Assessor's Tax Parcel ID#: 167040-0020 53rd Avenue South Project THIS EASEMENT AGREEMENT, made this 023 rc4 day of Uc.fon , 2018, by and between South Central School District, as their separate estate ("Grantor" 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 placement, operation, and maintenance of public sidewalk and public and private utility equipment ("Easement" herein) over, under, along, across, and through the following described real property ("Easement Area" herein) in King County, Washington. Project Parcel No. 17 1 EXCISE T, T REQUI - D By utY 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 Sidewalk. Grantee shall have the right to construct, reconstruct, install, repair, and maintain public sidewalks and associated features within the Easement Areas for the purpose of constructing and maintaining the public sidewalk. The associated features for the purpose of constructing and maintaining the public sidewalk may include but is not limited to: retaining walls, cuts and fills, sidewalk subgrade, and curb and gutter. 4. Purpose Utility. Grantee shall have the right to construct, operate, maintain, repair, replace, improve, remove, and enlarge utility structures and associated features within the Easement Areas for the purpose of constructing and maintaining utilities. Such utilities may include, but is not limited to: 5. Utility Features. Above and below ground handholes, conduits, vaults, switches, pedestals, transformers, fire hydrant connection, water meters, valves, 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 utility features, Grantee may, from time to time, construct such additional facilities as it may require for such utility features. 6. 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. 7. 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. 8. 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, Project Parcel No. 17 2 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 required, shall not be unreasonably withheld. Grantor shall not construct or maintain any buildings within the Easement Areas. 9. 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. 10. 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 ?) day of \..j 0 6^'1Lta ry , 2018. GRANTOR(S): Date: STATE OF WASHINGTON COUNTY OF KING I hereby certify that I know or have satisfactory evidence that jti ttk BerrV , 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. MARICEL M HAESSIG Notary Public State of Washington My Commission Expires January31, 2021 Dated: 0 l Signature: `7V14 • Notary Public in and for the State of Washington Notary (print name): May I C-e( M • arsS`L) Residing at: K vi!) y Project Parcel No. 17 3 EXHIBIT A PARCEL NO. 167040-0020 SIDEWALK AND UTILITY EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A", DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL "A", SAID CORNER BEING ON THE WESTERLY MARGIN OF 53RD AVENUE SOUTH; THENCE ALONG SAID WESTERLY MARGIN SOUTH 01° 35' 18" WEST, 20.07 FEET TO THE SOUTH LINE OF SAID PARCEL "A"; THENCE NORTH 88° 48' 30" WEST ALONG SAID SOUTH LINE, 2.00 FEET TO A LINE THAT IS 2.00 FEET WEST OF AND PARALLEL WITH SAID WESTERLY MARGIN; THENCE NORTH 01° 35' 18" EAST ALONG SAID PARALLEL LINE, 20.07 FEET TO THE NORTH LINE OF SAID PARCEL "A"; THENCE SOUTH 88° 40' 53" EAST ALONG SAID NORTH LINE, 2.00 FEET TO THE POINT OF BEGINNING; CONTAINING 40 SQUARE FEET, MORE OR LESS. PARCEL "A": (PER TICOR TITLE COMPANY ORDER NO. 70067532, MARCH 9, 2017) EAST HALF OF TRACT 2, EXCEPT THE WEST 55 FEET THEREOF, AND ALL OF TRACT 11, BLOCK 1, COLEGROVE'S ACRE TRACTS, ACCORDING TO PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 85, IN KINGCOUNTY, WASHINGTON; EXCEPT THE EAST 100 FEET OF THE NORTH 127.4 FEET OF TRACT 11. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. 17. 167040-0020 ESMT.DOCX Page 1 of 1 2.00' PROPERTY LINE TAX LOT NUMBER 167040-0020 SIDEWALK AND UTILITY EASEMENT AREA = 40 S.F.± SW 1/4, SEC. 14, T. 23 N., R. 4 E., W.M. POB EXISTING RIGHT OF WAY 2.00' w M N.T.S. S 140TH ST EXISTING RIGHT OF WAY c. DATE: 07/27/2017 FILE: 17. 167040-0020 ESMT.DWG 753 9N Ave N Seattle,WA98109 (206) 286-1640 www.kpg am 2502 Jefferson Ave Tawna, WA 98402 (253)627-0720 EXHIBIT A-1 PARCEL 167040-0020 SIDEWALK AND UTILITY EASEMENT