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Home My WebLink About2018 - Sidewalk and Utility Easement - Robbins Mark / City of Tukwila - 20180622001170After Recording, Return to: City of Tukwila City Clerk's Office 6200 Southcenter Blvd. Tukwila, WA 98188 Grantor: Grantee: By SIDEWALK and U11LI EASEMENT Rec: $102,00 612212013 3:21 PM KING COUNTY, WA EXCISE TAX NOT REQUIRED King- Co. Records is o1 Deputy ASEMENT Abbreviated Legal Description: Additional Legal(s) Assessor's Tax Parcel ID#: Mark R. Robbins, as a separate estate City of Tukwila, a municipal corporation of the State of Washington PTN. LT. 3, BLK. 2, COLEGROVE'S ACRE TRACTS Exhibit A and A-1, attached hereto and made part of 167040-0145-05 53rd Avenue South Project THIS EASEMENT AGREEMENT, made this-2.0day of April ,2018, by and between Mark R. Robbins, as a 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 Grantor, under threat of the exercise of eminent domain for which just compensation has been received, 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. Pursuant to RCW 35A.64.200and Chapter 8.12 RCW, Grantee has the present ability and authority to use its power of eminent domain against the property described below. 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 byreference. 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. 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 are not limited to those described in paragraph 5. 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 Granter 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. Grantor shall have no obligation to maintain, upkeep, investigate condition, report deficiencies, or repair the Easement Area. 8. Grantor's Use of Easement Area. Grantor 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. Grantor may install groundcover and shrub landscaping plantings within the Easement Area with Grantee's prior written consent. Grantor 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 required, shall not be unreasonably withheld. Grantor shall not construct or maintain any buildings within the Easement Areas. Grantor shall be responsible for maintenance and repair of any private improvements located within the Easement Areas, including but not limited to, the driveway, yard drainage, utility service connections, fencing, grading and edge restoration, that are constructed by the City pursuant to a License to Construct. Grantee shall be responsible for maintenance and repair of any public improvements located within the Easement Areas. This Easement shall not be construed by the Grantee, now or in the future, in such a manner that the Easement impairs or limits the Grantor's development or use rights. This Easement shall not limit, or be included in, the calculation of setbacks or minimum lot area, if including the Easement Area in any way limits the development of the property when compared to development and use rights as if this Easement didn't exist. 9. Indemnity. Grantee shall defend, indemnify and hold harmless the Grantor, his heirs, successors, and assigns from and against all of the following claims and demands: damages, defense, indemnity, loss, judgment, equitable recovery, equity, and any other liability or obligation including but not limited to loss of use and attorney fees and expenses of any kind, caused or occasioned in whole or in part by reason of the use of the Easement Areas by any person(s) (collectively the "Indemnified Claims"). Nothing herein shall require Grantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor or the negligence of others. 10. Covenant Running With the Land. This Easement shall be a covenant running with the land and shall forever bind Grantor and Grantee, their heirs, successors, and assigns. 2 �h DATED this 2(, ' day of pk) L , 2018. STATE OF WASHINGTON ] ] ss. ] COUNTY OF KING GRANTOR: By: 7'�4"�� Mark R. Robbins I hereby certify that I know or have satisfactory evidence that Mark R. Robbins is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execut the instrument and acknowledged it to be his free and voluntary, act for the uses and purpose - do ed in this instrument. Signature: Notary Public in and for the State of Washington Notary (print name): 001)40 _ Residing at: 6-"))10)7Z,�C 3 K:\PROJECTS\TUKWILA\15085 — 53rd Ave S\DESIGN\Data & Reports\Permitting\License to Construct\Exhibits\EXHIBITS2.dwg 2/9/2018 11:11:17 AM Kelsey Anderson APPROXIMATE PARCEL LINE OMIT EXISTING GRAVEL UMITS 2' EXTENSION OF DRIVEWAY PER PARCEL OWNER'S REQUEST 14004 RIGHT OF WAY UMITS PROPOSED EASEMENT UMITS RECONSTRUCT DRIVEWAY MTH ASPHALT PROPOSED FIRE HYDRANT PROPOSED YARD DRAIN CONNECTION PROPOSED POWER SERVICE THAT WILL BE TRENCHED TO EXISTING METER BASE NOTE: UNDERGROUNDING OF AERIAL POWER/TELECOMMUNICATION UTILITY TRENCH WILL BE COMPLETED UP TO HOUSE FOR CONNECTION. PROPERTY WILL BE RESTORED TO EXISTING CONDITION. KPH Interdisciplinary Design 3131 MA Ale 2502 kf` 0A.e Me 400 Terre, WA93402 Scads, WA 93121 (253)6270720 0)20G1610 wxdwicon PROPOSED COMCAST SERVICE THAT WILL BE TRENCHED TO EXISTING METER BASE PPROXIMATE ARCEL LINE UMIT 2-3' UTILITY TRENCH TO METER BASE PROPOSED CENTURYLINK SERVICE THAT WILL BE TRENCHED TO EXISTING METER BASE -1622 15085 EXHIBIT 34 -14004 53RD AVE S IMPROVEMENT PROJECT CITY OF TUKWILA 1 0/23/1 7 nstrument Number: 20180427001486 Document:WD Rec: S75.00 Page-1 of 2 Excise Docs: 292705.4 Selling Price: 50.00 Tax Amount: S10.00 Record Date:4/27/2018 3:28 PM Electronically Recorded King County, WA Return Address: City Clerk City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 STATUTORY WARRANTY DEED Grantor(s): Bo Wen Liu and Estate of Tuey Ming Liu Grantee: City of Tukwila, a municipal corporation tek" )e �J C 3' l� Abbreviated VC Legal: Lots 28-29, Block 2 Adams Home Tracts First Add., V. 12, P. 50 Tax Parcel Number(s): 004100-0330-02 Grantors, Bo Wen Liu, as her separate estate and Bo Wen Liu, as Personal Representative of the Estate of Tuey Ming Liu, deceased, for and in consideration of Ten Dollars and other good and valuable consideration, in hand paid, conveys and warrants to the City of Tukwila, a municipal corporation operating under the laws of the State of Washington as a non -charter code City, Grantee, all of its right, title and interest, and any after -acquired interest therein, in the following described real estate, situated in King County, Washington (the "Property"): THE NORTH 75.00 FEET OF THAT PORTION OF LOTS 28 AND 29 IN BLOCK TWO OF FIRST ADDITION TO ADAMS HOME TRACTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 12 OF PLATS AT PAGE 50, IN KING COUNTY, WASHINGTON, LYING WEST OF STATE ROAD NO. 1. This Statutory Warranty Deed is executed this �0 aL 7� , 2018. GRANTORS: By: &. kl/de Bo Wen Liu Estate of Tuey Ming Liu By: go Bo Wen Liu, Personal Representative ristrument Number: 20180427001486 Document:WD Rec: $75.00 Page-2 of 2 t ccord Date:4/27/2018 3:28 PM King County, WA STA 1'E OF WASHINGTON ) ss. COUNTY OF KING I certify that I know or have satisfactory evidence that Bo Wen Liu is the person who appeared before me, and said person acknowledged that she signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in the instrument. DATED this ^2 ay of /' _ " , 2018. LAURA-JOHNSQN STATE OF WASHINGTON NOTARY PUBLIC MY COMMISSION EXPIRES •;06 06-18 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) Name: Notary Public in and for the state of Washington Residing at:a- My Commission expires: ou `nce ('20(A2 I certify that I know or have satisfactory evidence that Bo Wen Liu is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Personal Representative of the Estate of Tuey Ming Liu, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this ' ay of LAURA.JOHNSON STATE OF WASHINGTON NOTARY PUBLIC MY COMMISSION EXPIRES 06-06-18 1-- Name: a.� Notary Public in and for the state of Washington Residing at: My Commission expires: