HomeMy WebLinkAbout1994 - Sidewalk and Deceleration Lane Easement - La Pianta Limited Partnership - 9408261548r
Filed for Record at Request of
Name THE CITY OF TUKWILA
Address C/O CITY ENGINEER. RON CAMERON
6200 SOUTHCENTER PARKWAY
-City and State TUKWILA. WASHINGTON 98188
SIDEWALK AND DECELERATION LANE EASEMENT
A. LA PIANTA LIMITED PARTNERSHIP, a Washington limited partnership "Grantor is the
owner of that certain real property located in King County, Washington and legally described as follows:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26,
TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SAID SECTION 26;
THENCE NORTH 01 0 05'05" EAST ALONG THE WEST LINE OF SAID SUBDIVISION, A DISTANCE OF
609.06 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 88 16' 17" EAST, A DISTANCE OF 406.72 FEET TO A POINT OF CURVATURE ON THE
WEST LINE OF THE PLAT OF ANDOVER INDUSTRIAL PARK NO. 5, AS PER PLAT RECORDED IN
VOLUME 83 OF PLATS, PAGES 22 AND 23, RECORDS OF KING COUNTY, WASHINGTON;
THENCE GOING IN A NORTHEASTERLY DIRECTION ALONG SAID WEST LINE OF SAID PLAT ALONG
go A CURVE TO THE RIGHT HAVING A RADIUS OF 410.28 FEET, THE CENTER OF WHICH BEARS
SOUTH 76 0 02'46" EAST THROUGH A CENTRAL ANGLE OF 81 0 36'55" AN ARC DISTANCE OF 584.42
v7 FEET;
THENCE SOUTH 84 0 25'51" EAST, A DISTANCE OF 198.11 FEET TO A POINT ON THE
SOUTHWESTERLY LINE OF LOT 5 OF THE PLAT OF ANDOVER INDUSTRIAL PARK NO. 3, AS PER
PLAT RECORDED IN VOLUME 78 OF PLATS, PAGES 6 AND 7, RECORDS OF KING COUNTY,
Q® WASHINGTON;
THENCE GOING IN A NORTHWESTERLY DIRECTION ALONG THE SAID SOUTHWESTERLY LINE OF
SAID LOT 5 ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 410.28 FEET, THE CENTER OF
WHICH BEARS NORTH 06 °24'49" EAST THROUGH A CENTRAL ANGLE OF 68 °55'41" AN ARC
DISTANCE OF 493.58 FEET;
THENCE NORTH 14 0 39'30" WEST A DISTANCE OF 120.33 FEET TO THE NORTH LINE OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26;
THENCE NORTH 88 0 15'33" WEST ALONG SAID NORTH LINE A DISTANCE OF 646.86 FEET TO THE
NORTHWEST CORNER OF SAID SUBDIVISION;
THENCE SOUTH 01 °05'05" WEST ALONG THE WEST LINE OF SAID SUBDIVISION A DISTANCE OF
718.00 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPT THE WESTERLY AND NORTHERLY 30 FEET THEREOF.
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AND EXCEPT THAT PORTION OF THE ABOVE DESCRIBED PARCEL OF LAND LYING EASTERLY AND
SOUTHERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE SOUTH LINE OF THE ABOVE DESCRIBED PARCEL OF LAND, 19.51
FEET EAST OF THE SOUTHWEST CORNER THEREOF;
THENCE NORTH 01 0 43'43" EAST, 30.50 FEET TO A POINT OF CURVATURE;
THENCE GOING IN A NORTHWESTERLY DIRECTION ALONG A CURVE TO THE RIGHT HAVING A
RADIUS OF 13.50 FEET THROUGH A CENTRAL ANGLE OF 89 0 21'22" AN ARC DISTANCE OF 21.05
FEET;
THENCE NORTH 01 °05'05" EAST, 14.26 FEET;
THENCE NORTH 14 0 06'37" EAST, 53.24 FEET;
THENCE NORTH 01 EAST, 47.74 FEET;
THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 13.50 FEET THROUGH A CENTRAL
ANGLE OF 52 0 35'06" AN ARC DISTANCE OF 12.39 FEET;
THENCE NORTH 36 °19'49" WEST, 6.50 FEET;
THENCE NORTH 01 EAST, 45.76 FEET TO A POINT OF CURVATURE;
THENCE GOING IN A NORTHWESTERLY DIRECTION ALONG A CURVE TO THE RIGHT HAVING A
RADIUS OF 13.50 FEET THROUGH A CENTRAL ANGLE OF 89 0 21'22" AN ARC DISTANCE OF 21.05
FEET;
THENCE NORTH 01 EAST, 405.63 FEET;
THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 43.50 FEET THROUGH A CENTRAL
ANGLE OF 90 0 39'22" AN ARC DISTANCE OF 68.83 FEET;
THENCE SOUTH 88 0 15'33" EAST, 195.80 FEET;
THENCE SOUTH 76 0 47'03" EAST, 60.32 FEET;
THENCE SOUTH 88 0 15'33" EAST, 100.66 FEET;
THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 13.50 FEET THROUGH A CENTRAL
:SIDEWALK AND DECELERATION LANE EASEMENT
Grantor: La Pianta Limited Partnership Q
Grantee: City of Tukwila
Page 1 of 3
ANGLE OF 53 10'32" AN ARC DISTANCE OF 12.53 FEET;
THENCE NORTH 54 0 54'59" EAST, 6.50 FEET;
THENCE SOUTH 88 0 16'17" EAST, 45.49 FEET TO A POINT OF CURVATURE;
THENCE GOING IN A NORTHEASTERLY DIRECTION ALONG A CURVE TO THE RIGHT HAVING A
RADIUS OF 13.50 FEET THROUGH A CENTRAL ANGLE OF 90 0 00'45" AN ARC DISTANCE OF 21.21
FEET;
THENCE SOUTH 88 0 15'33" EAST, 145.83 FEET TO A POINT ON THE EAST LINE OF THE ABOVE
DESCRIBED PARCEL OF LAND AND THE TERMINUS OF THE LINE.
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
Said real property is hereinafter referred to as "Easement Area
B. THE CITY OF TUKWILA, a municipal corporation of the State of Washington "Grantee
desires to obtain an easement over the Easement Area as described above for sidewalk and deceleration lane
construction and installation, and for use of the sidewalk and deceleration lanes by the public.
C. Grantor desires to establish such an easement.
NOW THEREFORE, there is hereby created, declared and established, the following easement:
1. Purpose. A nonexclusive easement is hereby granted to the City of Tukwila, over the Easement
Area for sidewalk and deceleration lane uses by the public without charge. The sidewalk and deceleration lanes
are hereinafter collectively referred to as the "Improvements
2. Maintenance. All maintenance, repairs and replacement of the deceleration lanes within the
easement established herein shall be undertaken by Grantee, its successors and assigns, provided however that in
fulfilling such obligations, Grantee shall not construct or install any improvements, additions or modifications to
the Improvements which improvements, additions or modifications exceed the elevation of the sidewalk and
deceleration lanes originally constructed in the Easement Area, and Grantor shall be responsible for the structural
and daily maintenance of the sidewalk.
It 3. Access. Grantee shall have the right of access over and across the Easement Area to enable
In Grantee to exercise its rights and fulfill its obligations hereunder, provided that Grantee shall compensate Grantor
for any damages to any pavement or landscaping located on Grantor's adjacent real property and /or improvements
caused by Grantee's exercise of such rights of access and Grantee's fulfillment of its obligations hereunder.
4. Compliance with Laws and Rules. Grantee's construction, installation and maintenance of the
0 Improvements within the Easement Area hereunder, Grantee's exercise of any and all rights hereunder, and the use
of the Improvements by the public shall be in accordance with the requirements of all applicable federal, state, and
local laws, rules and regulations, including without limitation, the orders, rules and /or regulations of any public
authority having jurisdiction.
5. Grantor's Use of Easement Area. Grantor may use the Easement Area for any purposes not
inconsistent with the rights herein granted.
6. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use
the Easement Area or any portion thereof for the purposes herein set forth for a period of two (2) successive years,
in which event this easement shall terminate and all rights hereunder shall revert to Grantor, provided however, in
such event Grantee shall not be released or deemed released from any liability or obligation with respect to any
matter occurring prior to such termination, nor shall such termination releases Grantee from its obligation and
liability to remove the Improvements from the Easement Area and restore the ground, and all obligations of Grantee
hereunder shall survive such termination.
7. Successors and Assigns. The easement hereby created and imposed upon the Easement Area shall
run with the land, and shall inure to the benefit of and be binding upon the owners thereof, and their heirs,
successors and assigns.
8. Indemnity. Grantee, its heirs, successors and assigns shall release, indemnify and promise to
defend Grantor its heirs, successors and assigns to the greatest extent permitted by law, from any and all liability
or damage arising out of the use of the Easement Area and Grantee's exercise of its rights and obligations
hereunder. Grantee shall not be required to indemnify Grantor against liability for damages caused by or resulting
from the sole negligence of Grantor.
9. Acceptance and Recording. By accepting and recording this easement, Grantee does hereby agree
to all provisions contained in this instrument.
10. Relocation of Improvements. Grantor hereby reserves the right, at its election and at its sole
cost and expense, subject to applicable regulations, to relocate any sidewalk facilities that may have been constructed
and installed within the Easement Area to an alternative location within the Easement Area.
SIDEWALK AND DECELERATION LANE EASEMENT
Grantor: La Pianta Limited Partnership
Grantee: City of Tukwila
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IN WITNESS WHEREOF, this instrument has been executed this 27th day of May, 1994.
GRANTOR:
LA PIANTA LIMITED PARTNERSHIP,
a Washington limited partnership
By: Metro Land Development, Inc., a
Washington corporation,
Its: General Partner
By: _4vw9
M. A. Segale, resident
GRANTEE:
CITY OF TUKWILA
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APPROVED AS TO FORM:
City Attorney
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STATE OF WASHINGTON
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COUNTY OF KING
On this 27th day of Mav 19 94 before me, the undersigned, a Notary Public
in and for the State of Washington, duly commissioned and sworn, personally appeared M. A. Segale, to me known
to be the person who signed as President of Metro Land Development, Inc., the corporation acting as general
partner of La Pianta Limited Partnership, a Washington limited partnership that executed the within and foregoing
instrument, and acknowledged said instrument to be the free and voluntary act and deed of Metro Land
Development, Inc. as general partner, and of La Pianta Limited Partnership, for the uses and purposes therein
mentioned; and on oath stated that he was duly elected, qualified and acting as said officer or the corporation and
that he was authorized to execute the said instrument on behalf of Metro Land Development, Inc. and that the seal
affixed, if any, is the corporate seal of the corporation, and that the corporation was authorized to execute said
instrument on behalf of La Pianta Limited Partnership.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written.
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COUNTY OF KING Q
On this v day of 19'7`; before me, the undersigned, a Notary Public
in and for the State of Washington, duly ommi�sioned and swc m, personally appeared P 1441 �,S
and :aArie E. to me known to be the Mayor and City Clerk, respectively, of the CITY OF
TUKWILA, the municipal corporation that executed the within and foregoing Easement, and acknowledged said
Easement to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein
mentioned, and on oath stated that they are authorized to execute the said Easement.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written.
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SIDEWALK AND DECELERATION LANE EASEMENT
Grantor: La Pianta Limited Partnership
Grantee: City of Tukwila
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