HomeMy WebLinkAbout2020 - Stormwater Easement Agreement - Segale Properties LLC - 20200310001046Return Address
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
Attn: Brandon Miles
1111 111 11111 Nui1 iia nu u i uu
20200310001046
EASEMENT Roc: $113.50
9/10/2020 12:48 PM
KING COUNTY, WA
EXCISE TAX NOT REQUIRED
King Co. Recr>yri, rhvliir rr
Deptdy
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Document Title(s) (or transactions contained therein):
Stormwater Easement Agreement
Reference Number(s) of Related Documents:
(on page of document)
Grantor(s) (Last name first, then first name and initials):
Segale Properties LLC
Grantee(s) (Last name first, then first name and initials):
City of Tukwila
Legal description (abbreviated: i.e. lot, block, plat or section, township, range):
RD-1, TUKWILA SOUTH PHASE — 1
NEW PARCELS B AND C TUKWILA B.L.A. REC. NO. 20160120000736
Assessor's Property Tax Parcel/Account Numbers:
352304-9008,352304-9040 and 870040-0210
24267 -0030/ 14 5113081.1
STORMWATER EASEMENT AGREEMENT
THIS STORMWATER EASEMENT AGREEMENT (this "Agreement") is made as of
L ^� 3 , 2020 ("Effective Date"), by and between Segale Properties
LLC, a `Washton 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 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 datcd 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").
24267-0030/145113081.1
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 stoiiiiwater 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
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24267-0030/ 14 5113081.1
(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
Agreement are cumulative and not exclusive, and the exercise by either party of any right or
remedy does not preclude the exercise of any other rights or remedies that may now or
subsequently be available at law, in equity, by statute, in any other agreement between the parties
or otherwise.
5.9 Counterparts. This Agreement may be executed in a number of identical
counterparts with the same effect as if the signatures to each counterpart were upon a single
instrument, and all such counterparts together will be deemed an original of this Agreement
5.10 Other Easements. The Easement is granted subject to all prior easements or
encumbrances of record.
5.11 Severability. Invalidation of any provisions of this Agreement will in no way affect
any of the other provisions of this Agreement.
[Signatures and acknowledgements are on the following pages. J
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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: Metro Land Development, Inc.,
a Washington c rporation,
Its Mahager
By:
Mark A. Segal sident
This record was acknowledged before me on Olitica.v4 '2-1 , 2020, by Mark A. Segale
as President of Metro Land Development, Inc., a Washington corporation, the Manager of
SEGALE PROPERTIES LLC.
TYNAEA PHAM
Notary Public
State of Washington
Commission # 202871
My Comm. Expires Oct 5, 2022
(Use this space for notarial stamp/seal)
24267-0030/145113081.1
ILL C/Q- Plait/Lk.-
(Signature of notary public)
(Title of offie)
My commission expires: (..)
IN WITNESS WHEREOF, this Agreement has been duly executed by Grantee as of the
date first set forth above.
CITY OF TUKWILA,
a Washington municipal corporation
By:
Rachel Bianchi, Deputy City
Administrator
STATE OF WASHINGTON )
) ss.
County of King
2 t
On this ;;) I day of J c- , 2020, before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn, personally
Appeared Rachel Bianchi, known to me to be the Deputy City Administrator of CITY 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.
1 7'- ,Ze k ( "(wit/ e 4- 1/7,,leiC
(Si nature of notary public)
6
(Title of office)
My commission expires:
(Use this space for notarial stamp/seal)
6
24267-0030/145113081A
57,41d-d,
EXHIBIT A
GRANTOR PROPERTY
PARCEL 870040-0210
TRACT RD-1, PLAT OF TUKWILA SOUTII — PHASE 1, AS RECORDED IN VOLUME 284
OF PLATS AT PAGE 72 AND RECORDED UNDER KING COUNTY RECORDING
NUMBER 20180823000390.
ALL IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST OF THE W.M., KING
COUNTY, WASHINGTON.
(Shown as RD-1 on Exhibit - D)
7
24267-0030/145113081.1
EXHIBIT B
GRANTEE PROPERTY
PARCEL 352304-9008
NEW PARCEL "C", CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT L13-005 AS
RECORDED UNDER KING COUNTY RECORDING NO. 20160120000736.
TOGTHER WITH THAT PORTION OF SOUTHCENTER PARKWAY AND SOUTH 178TH
STREET AS VACATED BY CITY OF TUKWILA ORDINANCE NO. 2240.
ALSO
PARCEL 352304-9040
NEW PARCEL "B", CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT L13-005 AS
RECORDED UNDER KING COUNTY RECORDING NO. 20160120000736.
TOGETHER WITH THAT PORTION OF SOUTHCENTER PARKWAY AND SOUTH
178TH STREET AS VACATED BY CITY OF TUKWILA ORDINANCE NO. 2240.
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24267-0030/ 145113081.1
EXHIBIT C
LEGAL DESCRIPTION OF EASEMENT AREA
A 15.00 FOOT WIDE STORM DRAINAGE EASEMENT, OVER, UNDER AND ACROSS A
PORTION OF TRACT RD-1, PLAT OF TUKWILA SOUTH - PHASE 1 AS RECORDED IN
VOLUME 284 OF PLATS AT PAGE 72 UNDER KING COUNTY RECORDING NO.
20180823000390, THE CENTERLINE OF SAID 15.00 FOOT WIDE EASEMENT BEING
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE AFOREMENTIONED TRACT
RD-1; THENCE ALONG THE NORTHERLY LINE OF SAID TRACT,
NORTH 83° 47'24"WEST 152.77 FEET; THENCE NORTH 78° 59'13"WEST 97.25 FEET;
THENCE NORTH 59° 51'33"WEST 21.79 FEET TO THE POINT OF BEGINNING OF THIS
CENTERLINE; THENCE LEAVING SAID NORTH LINE, SOUTH 64° 29'08"WEST 63.75
FEET TO THE TERMINUS POINT OF THIS CENTERLINE.
THE SIDELINES OF THIS 15.00 FOOT WIDE EASEMENT SHALL BE EXTENDED OR
SHORTENED TO INTERSECT THE NORTH LINE OF SAID TRACT RD - 1.
ALL LYING WITHIN A PORTION OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST OF
THE W.M.,
CITY OF TUKWILA, KING COUNTY, WASHINGTON.
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24267-0030/145113081.1
PHASE 1
FDT-1
EXHIBIT -
DEPICTION OF EASEMENT
S.L CORNER OF
NEW PARCEL "8" CITY OF TUKVOLA
81. A . L13-005
OU H LINE OF NEW PARCLI
• N 59'5133" W
21,79'
ZZ5'
78'59'13"
15' WIDE STORM DRA N
EASEMENT
PARCEL 870040-0210
TUKWiLA SOUTH - PHASE 1
VOL, 284 / Pa 72