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Home My WebLink About19-180 - Segale Properties, LLC - Stormwater Easement AgreementSTORMWATER EASEMENT AGREEMENT 19-180 Council Approval N/A THIS STORMWATER EASEMENT AGREEMENT (this "Agreement") is made as of /VD VCR /( , 2019 ("Effective Date"), by and between Segale Properties LLC, a Washington limited liability company ("Grantor"), and City of Tukwila, a Washington municipal corporation ("Grantee"). RECITALS A. Grantor is the owner of the real property situated in King County, Washington, more particularly described and depicted on Exhibit A (the "Grantor Property"). B. Grantee is the owner of the real property situated in King County, Washington, more particularly described on Exhibit B (the "Grantee Property"). C. Pursuant to that certain Storm Drainage Easement Agreement dated November 17, 2014 with King County Recording Number 20191022001172 ("Drainage Easement"), incorporated herein by reference, Grantor constructed certain stormwater drainage lines and related equipment ("Drainage Facilities") in an easement area as further described in the Drainage Easement for the purposes of stormwater drainage into Grantor's Property. D. Grantor desires to grant an easement to Grantee allowing discharge of stormwater from the Grantee Property into the Drainage Facilities, subject to the terms and conditions more specifically set forth below in this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by Grantee, and Grantor, Grantee and Grantor agree as follows. 1. RECITALS The above recitals are hereby incorporated as part of this Agreement. 2. GRANT OF EASEMENT 2.1 Grant of Easement. Grantor grants and conveys to Grantee, for the benefit of Grantee Property, a perpetual, non-exclusive fifteen (15) foot wide easement over, under, and across the Grantor Property as described on Exhibit C, attached hereto and incorporated herein together with the depiction of the Easement in Exhibit D ("Easement Area"), for the purposes of connecting to and using the Drainage Facilities to discharge stormwater ("Easement Facilities") along with the right of ingress and egress across the Easement Area as necessary for connection, maintenance, repair, and replacement of the Easement Facilities (collectively, the "Easement"). 24267-0030/1451 13081.1 2.2 Reservation of Rights. Grantor reserves all rights to use the Easement Area and Drainage Facilities and further reserves the right to grant additional easements, licenses, and/or use rights to discharge stormwater into the Drainage Facilities. 2.3 Restrictions. Grantee shall be responsible for obtaining all permits and approvals necessary for Grantee to connect, access and use the Easement Facilities, at the Grantee's sole cost and expense. Grantee's use of the Drainage Facilities and Easement Facilities shall comply with any and all applicable laws, permits, ordinances, regulations and recorded agreements. Grantee shall not erect, construct or maintain any barrier of any kind that would prevent or unreasonably impair another party's free access to and movement of stormwater into the Drainage Facilities. Grantee shall use best management practices and take all commercially reasonable precautions to ensure that no water discharged into the Drainage Facilities is from construction activities, contaminated, or contains substances, including but not limited to dirt or sediments from any development activities. 3. INDEMNITY. Grantee hereby agrees to indemnify, defend and hold harmless the Grantor from and against any and all damages, losses, actions, liens, claims, liability, expenses and costs (including court costs and reasonable attorney and witness fees) directly or indirectly arising from or in connection with Grantee's use of the Easement Area, Easement Facilities, Drainage Facilities, or entry onto or activities on the Grantor Property pursuant to this Agreement, except for injuries or damages caused by the sole negligence of the Grantor. 4. RESTORATION. Grantee shall promptly restore any damage to the Grantor Property caused by Grantee's activities on the Grantor Property related to Grantee's exercise of its rights under the Easement. 5. MISCELLANEOUS. 5.1 Covenants Running with the Land. The Easement and all covenants, restrictions and obligations declared by this Agreement will run with the land and will bind, burden and inure to the benefit of the Grantee Property and Grantor Property and any lawful land division thereof. 5.2 Enforcement. In the event of a breach by a party of any of the covenants or agreements set forth in this Agreement, the nonbreaching party hereto shall be entitled to any and all remedies available at law or in equity, including but not limited to the equitable remedies of specific performance or mandatory or prohibitory injunction issued by a court of appropriate jurisdiction. The parties hereto agree that in the event it becomes necessary for any party to defend or institute legal proceedings as a result of the failure of either party to comply with the terms, covenants, agreements and/or conditions of this Agreement, it is understood and agreed that the prevailing party in such litigation shall be entitled to be reimbursed for all costs incurred or expended in connection therewith, including, but not limited to, reasonable attorney's fees 2 24267-0030/ 145 11308 I.1 (including appellate fees) and court costs. 5.3 Notices. Any notice or demand required under this Agreement will be sent to each owner at the address for such party as set below in this Section; provided, however, that an owner can change such owner's notification address by written notice to each other owner. Any required notice or demand will be made by hand delivery, certified mail, or national express delivery service (e.g. UPS, Federal Express) and will be deemed received on actual receipt, or 72 hours after being deposited in the U.S. mail or with a permitted national express delivery service, whichever first occurs. Grantor's Address: Segale Properties LLC 5811 Segale Park Drive "C" Tukwila, WA 98188 Attn: Mike Pruett Grantee's Address: City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Attn: Brandon Miles 5.4 Headings. The section or paragraph headings in this Agreement are included for convenience only; they do not give full notice of the terms of any portion of this Agreement and are not relevant to the interpretation of any provision of this Agreement. 5.5 Governing Law. This Agreement will in all respects be governed by the laws of the State of Washington, without reference to any provisions that may cause the laws of another jurisdiction to be applicable. 5.6 Entire Agreement. This Agreement, including the specific terms of any other agreement which are expressly referenced in this Agreement, constitutes the complete, entire, and integrated agreement of the parties with respect to its subject matter. 5.7 Modification or Amendment. This Agreement may be amended or modified only by the agreement of the Grantor and the Grantee or their successors in interest and no such amendment or modification will be effective until a written instrument setting forth its terms has been executed, acknowledged and recorded in the real property records of King County, Washington. 5.8 Waiver; Cumulative Remedies. Waiver of any provision of this Agreement by either party will only be effective if in writing and will not be construed as a waiver of any subsequent breach, inaccuracy or nonperformance of or noncompliance with the same provision or a waiver of any other provision of this Agreement. All rights and remedies provided in this 3 24267-0030/145113081.1 IN WITNESS WHEREOF, this Agreement has been duly executed by Grantor as of the date first set forth above. STATE OF WASHINGTON ) ss. COUNTY OF KING SEGALE PROPERTIES LLC, a Washington limited liability company By: By: Metro Land Develo • ment, Inc., a Washington co ration, Its Manager f Mark A. Segale, ° resi . ent This record was acknowledged before me on () (T1c,-eA2 2, j , 2019, by Mark A. Segale as President of Metro Land Development, Inc., a Washington corporation, the Manager of SEGALE PROPERTIES LLC. 41416011646416416461111161116104160 I TYNAEA PHAM Notary Public State of Washington Commission # 202871 My Comm. Expires Oct 5, 2022 (Use this space for notarial stamp/seal) 24267-0030/ 145 1 1 3081.1 (Signature of notary public) (Title of offide) My commission expires: 0(±0l2z`V ✓ 02.? 5 IN WITNESS WHEREOF, this Agreement has been duly executed by Grantee as of the date first set forth above. Attest/Authenticated: rICN City Clerk 'City Attorney CITY OF TUKWILA, a Washington municipal corporation ByVT Name: 9,,04("4,( 1; tot ock' Title: Dei9o41.-) CL4--) Approve _A to Form: STATE OF WASHINGTON ) )ss. County of King On this \ day of c co V) , 2019, before me, the undersigned, a Notary Public anclfor the State of Washington, duly con-yrstis_sipppd and sworn, personally Appeared n,triown to me iMe tliel4;rs'arClcrfY OF TUKWILA, the municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said municipal corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year above written. c-1-\ Notary Public in and for the State of Washington, residing at " 24267-0030/145113081.1 print name /1 4 •\\\\`''' '" ; lux j -r;.• , .rst-:1:51°N 41i„ 0, '.•• 1-441- OTAkj.--41.:(11, 1.;.' .3-29 -71" ,Ih..zc.1 iiihmwo,vss WAS'" ,‘•••..s. • My appointment expires 6 ••••• c.) . •••• EXHIBIT A GRANTOR PROPERTY TUKWILA SOUTH -PHASE 1 REGIONAL DETENTION TRACT 1.1.0.• 41*. 010.@ro .10.1.111M,Mo,Aw CWT./ 1210 PUIVIRLA FHA FM 1.13.44432 ne4 9,,S, TUKWILA SOU - PHASES 1, 2 and AMIN POR1ION4 Or 2a.,43,00 14 4410 211, 1234.342301* 23 MC42114 314~ 4 WV, MAL 32C1,42453 MP 3, ram/1~ as iroa,f4 IAMBI 4 2.42", CITY Of MOO CeN/IfIT, IMILOPPMMITOdt SAT. 2 • • < ° " cr) ' , \ FDT -12 - / saw *Herr a or, Al) IP ; FUT- RD-1 / ;27 // 44- FIX -2 / • *3 ;07,1 T'r (Shown as RD-1) 8 24267-0030/145113081.1 EXHIBIT B GRANTEE PROPERTY Parcel 352304-9008: A PORTION OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST OF THE W. M., CITY OF TUKWILA, KING COUNTY, WASHINGTON, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 35, THENCE SOUTH 02° 24'41°WEST ALONG THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1323,83 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID NORTHWEST QUARTER, ALSO BEING A POINT ON THE CENTERLINE OF SOUTH 178TH STREET; THENCE NORTH 87° 50411'WESTALONG SAID CENTERLINE 156.72 FEET TO THE INTERSECTION OF THIS LINE WITH THE WESTERLY RIGHT OF WAY MARGINS OF SOUTHCENTER PARKWAY AND SOUTHCENTER PARKWAY EXTENSION AS PER DEED RECORDED UNDER KING COUNTY RECORDERS NO. 20121130002219, BOTH RIGHTS OF WAYS ARE TO BE EXTENDED SOUTHERLY AND NORTHERLY TO THEIR INTERSECTION, ALSO BEING THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE NORTH 09° 50'2TEAST ALONG SAID WESTERLY RIGHT OF WAY MARGINS 36,81 FEET TO THE AFOREMENTIONED RIGHTS OF WAY INTERSECTION; THENCE NORTH 11 ° 55'53"WEST ALONG THE WESTERLY RIGHT OF WAY MARGIN OF SAID SOUTHCENTER PARKWAY 321,39 FEET TO THE SOUTHERLY LINE OF THAT CERTAIN PARCEL AS DESCRIBED IN DOCUMENT RECORDED UNDER KING COUNTY RECORDING NO, 20040224002063; THENCE NORTH 87° 42'12'WEST ALONG SAID SOUTH LINE 120.00 FEET; THENCE CONTINUING ALONG SAID SOUTH LINE NORTH 78' 27'42'WEST 72.20 FEET; THENCE NORTH 51' 28'36"WEST 47.25 FEET; THENCE SOUTH 36' 42'41-WEST 76.90 FEET; THENCE SOUTH 66' 59'11'WEST 136.44 FEET; THENCE NORTH 64° 13'29-WEST 24.27 FEET; THENCE NORTH 51° 43'09"WEST 17.43 FEET; THENCE NORTH 54.04'01'WEST 16.02 FEET; THENCE SOUTH 30° 02'36'WEST 355,32 FEET; THENCE SOUTH 42' 30.57-EAST 100.63 FEET; THENCE SOUTH 87° 50'41'EAST 274.20 FEET; THENCE SOUTH 59° 51'33"EAST 103.04 FEET;THENCE SOUTH 76° 5913-EAST 97,25 FEET; THENCE SOUTH 83' 4724'EAST 152.61 FEET TO THE WESTERLY RIGHT OF WAY MARGIN OF THE AFOREMENTIONED SOUTHCENTER PARKWAY EXTENSION; THENCE NORTH 09° 5077"EAST ALONG SAID MARGIN 115.15 FEET TO THE POINT OF BEGINNING. EXCEPT ANY PORTION THEREOF LYING SOUTHERLY OF THE NORTHERLY RIGHT OF WAY MARGIN OF SOUTH 178TN STREET. ALSO EXCEPT SOUTHCENTER PARKWAY Parcel 352304-9040 A PORTION OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST OF THE W. M., CITY OF TUKWILA, KING COUNTY, WASHINGTON, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 35; THENCE SOUTH 02° 24'41-WEST ALONG THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1323.83 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID NORTHWEST QUARTER, ALSO BEING A POINT ON THE 9 24267-0030/ 145113081.1 CENTERLINE OF SOUTH 178T" STREET; THENCE NORTH 87" 50'41'WEST ALONG SAID CENTERLINE 156.72 FEET TO THE INTERSECTION OF THIS LINE WITH THE WESTERLY RIGHT OF WAY MARGINS OF SOUTHCENTER PARKWAY AND SOUTHCENTER PARKWAY EXTENSION AS PER DEED RECORDED UNDER KING COUNTY RECORDERS NO. 20121130002219, BOTH RIGHTS OF WAYS ARE TO BE EXTENDED SOUTHERLY AND NORTHERLY TO THEIR INTERSECTION, ALSO BEING THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE NORTH 09' 50'27"EAST ALONG SAID WESTERLY RIGHT OF WAY MARGINS 36.81 FEET TO THE AFOREMENTIONED RIGHTS OF WAY INTERSECTION; THENCE NORTH 11' 55'53"WEST ALONG THE WESTERLY RIGHT OF WAY MARGIN OF SAID SOUTHCENTER PARKWAY 321.39 FEET TO THE SOUTHERLY LINE OF THAT CERTAIN PARCEL AS DESCRIBED IN DOCUMENT RECORDED UNDER KING COUNTY RECORDING NO. 20040224002063, THENCE NORTH 87° 42'121:NEST ALONG SAID SOUTH LINE 120.00 FEET; THENCE CONTINUING ALONG SAID SOUTH LINE NORTH 76' 27'42'WEST 72.20 FEET; THENCE NORTH 51' 28`36'WEST 47.25 FEET; THENCE SOUTH 38° 42'41'WEST 76.90 FEET; THENCE SOUTH 86' 59'11'WEST 136,44 FEET; THENCE NORTH 64' 13'29'WEST 24.27 FEET; THENCE NORTH 51' 43'09"WEST 17.43 FEET; THENCE NORTH 54' 04'01'WEST 16.02 FEET; THENCE SOUTH 30' 02'36'WEST 355.32 FEET; THENCE SOUTH 42° 30'57'EAST 100 83 FEET; THENCE SOUTH 67° 50'41'EAST 274.20 FEET; THENCE SOUTH 59° 51'33'EAST 103.04 FEET;THENCE SOUTH 78' 59'13"EAST 97,25 FEET; THENCE SOUTH 83° 47'24'EAST 152.61 FEET TO THE WESTERLY RIGHT OF WAY MARGIN OF THE AFOREMENTIONED SOUTHCENTER PARKWAY EXTENSION; THENCE NORTH 09° 50°27'EAST ALONG SAID MARGIN 115.15 FEET TO THE POINT OF BEGINNING. EXCEPT ANY PORTION THEREOF LYING NORTHERLY OF THE SOUTHERLY RIGHT OF WAY MARGIN OF SOUTH 178'” STREET. ALSO EXCEPT SOUTHCENTER PARKWAY EXTENSION AS PER DEED RECORDED UNDER KING COUNTY RECORDING NO.20121130002.219. 10 24267-0030/ 145 113081.1 EXHIBIT C LEGAL DESCRIPTION OF EASEMENT AREA A' 14 COT W/DE F.I.P.111-'0./, DI TL INA(',-,1, I ASIMEN- rIVER DER A PORTION f.:1)I I PACT RD I A,9 PER THE. PL A. 1 01 I - PTIASF1 PCORDEP uND KINO 201-1,08rA[I, F ITT01 P: IN. (...Th SAID 1000 FOOT WIDE LJOO. M 131 040DT7.:,CRIBED AS FOLLOWS.: COMME.V.ICING A 11 IF NORTHE,A,ST I I 11" AFORD'AENTPONEDIR,.A.CT PD- ; THENCE ALON.,.Ci I HI- t'1001I 001 L04E 00 S-OD 1040 NoRil 1 irr :17'24-WEI3T .'7'.;;; //I4i:T;70ENJ(' E NORTH 1 :3"VVITST 97,25 FEET; "THEP.::.CL: %OR 11-1 0951 TrT" V,/IEST 21.79 FEET T 01100 0310 CJ rwormING 01 0 UEO, 11,11. : T -1ENCE LEAVING S4.1D .1,40P ; I I 1 11,,,I1T, cc)too29'11)8 LOI (5:-1 PI I F: I T1 ir FONT CFN I E141 T1 IF SIDELINESCiF THIS 101Ji001 IIASPAEN i 001.A1 I NMI SERM 1E Nr1.7) TI.") INF .`71;!SECT r1':;lIIlI iro cii 5:;,..f..IT) TRACT RD 1 AI, I I YING VvITHN .4 POP, I I00 (.); 1I 0...01.11"11-411;',.•0 1.)1J.4,R, 117 RD( 0 000' I QUAR. 01- sr 35, 70,,,,115;,4n, '2173 NOP 71 P.,/•,,',/(iF 4 EtST OF THE VV.P1 OLD( OF 1 %././AsHiNiGTot,...L 1:- 11 24267-0030/145113081.1 PHASE 1 1' FDT-11 / DEPICTION OF EAS RD-1 CITY OF TUKWILA 24267-0030/145113081.1