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HomeMy WebLinkAbout1997 - Conveyance of Existing Utility Easement for Sidewalk Easement - SBP General Partnership - 97031309394 �,Ef0E(''t~i' `i ;11 1)r y 5 Cl O Q 41 q� G i S L O x x c� cm a w z DOCUMENT RECORDING -c p COVERSHEET D_ Return Address: O CITY OF TUKWILA City Clerk's Department 6200 Southcenter Blvd. Tukwila, WA 98188 Document Title(s) (or transactions contained N? herein): Conveyance of`.Existing Utility Easement For Use As sidewalk Easement CO) O Reference Number(s) of Documents assigned or released, %/9 Additional reference numbers on page of document(s) Grantor(s) SBP General partnershin (a Washington municinal corporation) Last Name First Name Initials Additional names on page of document(s) Grantees(s) CITY OF TUKWILA Last Name First Name Initials Additional names on page of documents(s) Legal Description (abbreviated) Incornorated herein by reference within the narcel known as that portion of the NE1/4- S26- T23 -R04E and that nortion of NWl /4 -S25 -T23 -R04E, records.of King Co., WA, more narticularly described as Parcel Additional legal is on page of documents(s) #022340 -0070. Assessor's Property Tax Parcel /Account Number(s) 022340 -0070 I GC #1191 STATE OF WASHINGTON COUNTY OF KING SS. CONVEYANCE OF EXISTING UTILITY EASEMENT FOR USE AS SIDEWALK EASEMENT This conveyance of existing utility easement for use by the City of Tukwila as sidewalk easement is made and given this FeyJ` day of MJ L, 199 G, by SBP General Partnership, a Delaware general partnership (GRANTOR), to and for the benefit of the CITY OF TUKWILA, a Washington municipal corporation (the "City In recognition of the benefits of the improved facility, the sufficiency of which is hereby acknowledged, Grantor hereby conveys and quitclaims to the City without warranties of title, non exclusive easements for the purpose of construction and maintenance and use by the public of public sidewalks over that property which fronts public street right -of -way and which has C? been previously recorded as a utility easement, attached hereto as Exhibits A and B and 0 incorporated herein by reference within the parcel known as that portion of the NE1/4- S26 -T23- R04E and that portion of NW 1/4- S25- T23 -R04E, records of King County, Washington, more particularly described as parcel number 022340 -0070. The rights and obligations set forth in Exhibit A shall remain in full force and effect and shall not be affected in any manner by this agreement. The Grantor hereby conveys to the City a right of entry upon the above described parcel for the purpose of reconstructing existing driveway approaches, grading, retaining wall construction, landscaping in accordance with the CBD Tree Plan, and other property restoration work that is required to match the proposed improvements. Upon completion of the improvements, the abutting property will be restored to its original condition as near as may be done. Page 1 of 3 I GC #1191 The right of the public to use the easement granted herein shall be subject to the reasonable right of the Grantor to regulate or control any activities which may, in the Grantor's reasonable discretion, present a threat of harm to persons or property, nuisance, annoyance, disturbance, or breach of the peace on the adjoining property owned by the Grantor. The terms and conditions of this Easement shall be binding upon and inure to the benefit of the City, Grantor, and their respective successors and assigns. The easement conveyed herein is for the benefit of the public, and the burden of the easement conveyed shall run with the title to the property, and be binding upon the Grantor and their successors and assigns. This conveyance is subject to the terms and conditions of the attached Addendum. IN WITNESS WHEREOF, grantors have executed this instrument as of the day and year first above written. SBP General Partnership, a Delaware general partnershi Q1 B �i u t'"� —iahn Tu,�th�l1 v CITY OF TUKWILA O j M r, John W. Rants Attest: Q 4 xe e C6 /Clerk, Jane Cantu Approv as to Form Only: Cyty Attorne� Page 2 of 3 I GC #1191 STATE OF TC X0 S COUNTY OF t) CO I A( I certify that I know or have satisfactory evidence that Cl-o Q .TL 1ux„iUs the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the qY 2.c O.C.R. ftps t au of SBP General Partnership, a Delaware general partnership, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: 1 I� q Page 3 of 3 Notary public in and for the State of T-e residing at �nn My appointment expires M M 0 ROBIN L. NILSSON M Notary Public t o Tex as C.onwksi Expires 2-23-99 Page 3 of 3 ADDENDUM TO CONVEYANCE OF EXISTING UTILITY EASEMENT FOR USE AS A SIDEWALK EASEMENT This is an addendum to the agreement between SBP General Partnership and the City of Tukwila dated July t0, 1996, (the "Agreement regarding the conveyance of an existing utility easement for use as a sidewalk easement. Notwithstanding any provisions of the foregoing Agreement, if the City of Tukwila pays any consideration other than the construction cost of the sidewalk for any property in excess of S% of the square footage of the entire sidewalk project, then SBP will be compensated at the same average rate per square foot as is paid for the right to construct sidewalks on the other property. The City of Tukwila will be responsible to pay for and to perform ordinary and routine maintenance, repair, and upkeep of any sidewalks or other improvements constructed or installed pursuit to this agreement. 0� O O x x x x x