HomeMy WebLinkAbout1997 - Conveyance of Existing Utility Easement for Sidewalk Easement - 9703130932r
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DOCUMENT RECORDING
COVERSHEET
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Return Address:
CITY OF TUKWILA
City Clerk's Department
6200 Southcenter Blvd.
Tukwila, WA 98188
Document Title(s) (or transactions contained
herein): CONVEYANCE OF EXISTING UTILITY EASEMENT FOR USE AS SIDE!4ALK EASEMENT
Reference Number(s) of Documents assigned or released r--r /a I
Additional reference numbers on page of document(s)
Grantor(s) SBP General Partnership (a Delaware general nartnershin)
Last Name First Name Initials
Additional names on page of document(s)
Grantees(s) City of Tuktvi 1 a
Last Name
Additional names on page
First Name Initials
of documents(s)
Legal Description Incornorated herein by reference within the parcel known as
(abbreviated) that portion of the NE1 /4- S26- T23 -RO4E and that portion of M -S25-
T23 -R04E, records of King County, WA., more particularly described
as parcel number 022340 -0030
Additional legal is on page of documents(s)
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Assessor's Property Tax Parcel /Account Number(s)
022340 -0030
I GC #1211
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 l-e+,+�N day of -EJL 199L, by SBP General
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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
been previously recorded as a utility easement, attached hereto as Exhibits A and B and
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 -0030. 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 #1211
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
partnership/
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CITY OF TUKWILA
Ma6r, John W. Rants
Attest:
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City' lerk, Jane Cantu
Appro d as to Form Onl
City A 4mey/K.,�(
Page 2 of 3
I GC #1211
STATE OF I •P X a
COUNTY OF DOJUAS
I certify that I know or have satisfactory evidence that G. T-c 1"is the
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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
Qc 4 e"�c(j'bf 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: i.)- q (o
A
Notary public in and for the State of
1 P SAS residing at
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My appointment expires la
Qt*" Y Lar d ROBIN L. NI LSSO N
Notary Public
Stote of ?exos
Commission Expires 12 -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 IQ, 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 any consideration other than the construction cost of the
sidewalk for any property in excess of 5% 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.
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