HomeMy WebLinkAbout2018 - Sidewalk and Utility Easement - Tukwila School District / City of Tukwila - 20180207001083After Recording, Return to:
CITY OF TUKWILA
City Clerk
6200 Southcenter Blvd.
Tukwila, WA 98188
EASEMENT Rec: $78.00
2/712018 3:20 PM
KING COUNTY, WA
SIDEWALK and UTILITY EASMENT
Grantors: Tukwila School District No. 406,
as their separate estate
Grantee: City of Tukwila,
a municipal corporation of the State of Washington
Legal Description: THE EAST 74 FEET OF THE NORTH 77.4 FEET OF
LOT 4; LOT 9, EXCEPT THE SOUTH 70 FEET
THEREOF; LOT 10; ALL IN BLOCK 1,
COLEGROVE'S ACRE TRACTS, AN ADDITION TO
THE CITY OF SEATTLE, ACCORDINGTO THE
PLAT THEREOF RECORDED IN VOLUME' 1 OF
PLATS, PAGE 85, IN KING COUNTY,
WASHINGTON.
Additional Legal(s) Exhibit A and A-1, attached hereto and made part of
Assessor's Tax Parcel ID#: 167040-0037
53rd Avenue South Project
THIS EASEMENT AGREEMENT, made this 3 rel day of ;1 tr Vary , 2018, by
and between Tukwila School District No. 406, 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. 16 1
CISE TAYY NO REQUI D
Co, Heir orrt tvision
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. 16 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 ZQ Met ry 2018.
GRANTOR(S):
STATE OF WASHINGTON
COUNTY OF KING
}
} SS.
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Date:
I hereby certify that I know or have satisfactory evidence that .J C1 t 1 eAr r , is the
person who appeared before me, and said person acknowledged that he/she signed thi '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
January 31, 2021
Dated: (3 III fr3 I g
Signature: l'i t-I eV 4f- 4-f--4-4--(6—
Notary Public in and for the State of Washington
Notary (print name): Mari c e ( kit. Ha tS)
Residing at: K i ✓I (- Co
Project Parcel No. 16 3
EXHIBIT A
PARCEL NO. 167040-0037
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 531°D AVENUE SOUTH;
THENCE ALONG SAID WESTERLY MARGIN SOUTH 01° 3518" WEST, 224.94 FEET TO THE SOUTH LINE OF
SAID PARCEL "A";
THENCE NORTH 89° 03' 34" 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, 171.29 FEET;
THENCE NORTH 88° 24' 42" WEST, 13.00 FEET TO A LINE THAT IS 15.00 FEET WEST OF AND PARALLEL
WITH SAID WESTERLY MARGIN;
THENCE NORTH 01° 35' 18" EAST ALONG SAID PARALLEL LINE, 31.00 FEET;
THENCE SOUTH 88° 24' 42" EAST, 13.00 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, 22.65 FEET TO THE NORTH LINE OF SAID
PARCEL "A";
THENCE SOUTH 88° 48' 30" EAST ALONG SAID NORTH LINE, 2.00 FEET TO THE POINT
OF BEGINNING;
CONTAINING 853 SQUARE FEET, MORE OR LESS.
PARCEL "A":
(PER TICOR TITLE COMPANY ORDER NO. 70064112, JANUARY 6, 2017)
THE EAST 74 FEET OF THE NORTH 77.4 FEET OF LOT 4;
LOT 9, EXCEPT THE SOUTH 70 FEET THEREOF;
LOT 10;
ALL IN BLOCK 1, COLEGROVE'S ACRE TRACTS, AN ADDITION TO THE CITY OF SEATTLE,
ACCORDINGTO THE PLAT THEREOF RECORDED IN VOLUME1 1 OF PLATS, PAGE 85,
IN KING COUNTY, WASHINGTON.
Hao/ 0 1
overeeme
16. 167040-0037 ESMT.DOCX
Page 1 of 1
I V. 01\,1,.\SI Al ILI
SW 1/4, SEC. 14, T. 23 N., R. 4 E., W.M.
PROPERTY LINE
SIDEWALK AND UTILITY
EASEMENT
AREA = 853 S.F.±
15.00'
TAX LOT NUMBER
167040-0037
N.T.S.
2.00'
EXISTING RIGHT OF WAY c_
DATE:O7/2O/2O17 FILE: 16. 167040-0037 ESMT.DWG
753 91h Ave N
Seate, WA 98109
(206) 286-1640
wxw.kpg.com
2502 Jelei on Ave
Tacoma, WA 98402
(253) 627-0720
EXHIBIT A-1
PARCEL 167040-0037
SIDEWALK AND UTILITY EASEMENT