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HomeMy WebLinkAbout2020 - Public Access Easement Agreement - Tukwila TSD, LLC / City of Tukwila - 20200827001647WHEN RECORDED RETURN TO: City Clerk City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 1111111 1111 1I 1111111111 1111 1 1 11111 HHI 11111 11111111 1 20200827001647 EASEMENT Rec: $109.50 8/27/2020 4:19 PM KING COUNTY, WA EASEMENT AGREEMENT For valuable consideration received, Tukwila TSD, LLC, a Washington limited liability company., Grantor, and the City of Tukwila, a noncharter, optional code Washington municipal corporation. Grantee, agree as follows: 1. PROPERTY DESCRIPTIONS. This easement shall burden Grantor's real property identified as King County Parcel Number 022300-0040 and legally described as set forth on the attached Exhibit A. Abbreviated Legal Description: Ptn Tract 4, Andover Industrial Park No. I, Vol 66, Pg 36 The easement shall benefit Grantee's real property identified as a portion of the right away of Christensen Road, legally described as set forth on the attached Exhibit B. Abbreviated Leg,a1 Description: 2. EASEMENT GRANT. Grantor grants an easement to Grantee over .those portions of Grantor's real property identified on the attached Exhibit C. for public access (pedestrian and vehicular) from Grantee's real property to Andover Park East. The easement area shall be maintained and cost of that maintenance borne by Grantor. 3. BENEFIT. The terms of this agreement are binding upon and for the benefit of Grantor, Grantee, and their heirs, successors and assigns. 4. COVENANTS. The covenants expressed herein are covenants running with the land. 5. ATTORNEY'S FEES AND COSTS. In the event of a lawsuit between parties to this easement, the prevailing party shall be entitled to recover judgment against the other party for reasonable attorney's fees and costs (including title and lien searches) either at trial or on appeal. Tukwila TSD, By David Chi-Wah C ity Member By Allan Ekberg, Mavor 2_0 -2-(2) EASEMENT AGREEMENT Nor REQUIRED Date: 20 PAGE 1 OF '7 By Samir Patel, Partner STATE OF WASHINGTON COUNTY OF KING I certify that I know or have satisfactory evidence that David Chi-Wah Kwok and Samir Patel are the persons who appeared before me, and said person acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument as the Managing Member of Tukwila TSD, LLC. Dated: ti 2-0 2-0 EASEMENT AGREEMENT ARY PUBLIC in and fo • of WashinRton, residing a My commission expires PAGE 2 OF' r DATED this 7•.; day of GRANT E: CITY OF TIJKWILA ATTEST: STATE OF WASHINGTON County of King Mayor a4421 vrt_t6- City Clerk ) ss On this / 3 day of , 20 20 , 20 ZO , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared and 15.4.41. , known to me to be the Mayor and City Clerk, respectively, 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/she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year above written. NOTARY PUBLIC in and for the State oOashington, residing at -?..4 COVENANT AND HOLD HARMLESS AGREEMENT - Sensitive Area Page 7 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY TRACT 4, ANDOVER INDUSTRIAL PARK NO. 1, ACCORDING IQ THE PLAT THEREOF RECORDED IN VOLUME 65 OF PLATS, PAGE 3.6, RECORDS Or KING COUNTY, WASHINGTON; EXCEPT THE SOUTH 25 FEET THEREGF; AND EXCEPT THAT PORTION THEREOF CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 592245, ACCORDING TO DECREE FILED JANUARY 14, 1953. EASEMENT AGREEMENT PAGE 4 OF 7 EXHIBIT LEGAL DESCRIPTION COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF ANDOVER PARK EAST WITH THE CENTERLINE OF TUKWILA PARKWAY AS MARKED BY A CONCRETE MONUMENT; THENCE NORTH 844.4'00° EAST ALONG THE CENTERLINE OF TUKWILA PARKWAY 2,31.72 FEET; THENCE SOUTH 05°16'00" EAST 40,00 FEET TO THE POINT OF virErtsccrioN OF THE SOUTH MARGIN OF TUKWILA PARKWAY WITH THE WEST MARGIN OF CHRISTENSEN ROAD; THENCE SOUTHERLY ALONG SAID WEST MARGIN ON A CURVE TO THE RIGHT, HAVING A RAOIUS OF 437,50 FEET, A CENTRAL ANGLE OF 00°13'45, THE CENTER OF WHICH BEARS SOUTH 80°3825" WEST, AN ARC DISTANCE OF 1.75 FEET TO THE TRUE POINT OF BEGINNING; TrieKcg EASTERLY ON A CURVE TO THE LEFT, HAVING A RADIUS Of- 35.00 FET, A CENTRAL ANGLE OF 28°3813" EAST, THE CENTER OF WHICH BEARS NORTH 2302213° EAST, AN ARC DISTANCE OF 17.49 FEET TO A POINT Cf: TANGENCY; THENCE NORTH 04°,14'00° EAST 46.59 FEET TQ THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT; Tl-iENCE SOUTHERLY AND EASTERLY ON A CURVE TO THE LEFT, HAVING A RADIUS OF 16,84 FEET, A CENTRAL ANGLE OF 73°3010", THE CENTER OF WHICH BEARS NORTH 87°2215" EAST, AN ARC DISTANCE OF 21.74 FEET TO A POINT OF REVERSE CUP.VATuRE; THENCE EASTERLY AND SOUTHERLY ON A CURVE TO THE RIGHT, HAVING A RAOIUS OF 2.50 FEET, A CENTRAL ANGLE OF 72°45'376", THE CENTER OF WHICH BEARS SOUTH 13P52'Os" WEST, AN ARC DISTANCE OF 3.17 FEET TO A POINT Or COMPOUND CURVATURE; THENCE SOUTHERLY ON A CURVE TO THE RIGHT, 1-1AviNG A RADIUS OF 1547.72 FEET, A CENTRAL ANGLE OF 08°37'47, THE CENTER OF WHICH BEARS SOUTH 86°3742" WEST,. AN ARC DISTANCE OF 2E0.13 FEET; THENCE VoRM 84006'43w WEST 43.00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT; PAGE 1 EASEMENT AGREEMENT PAGE 5 0F7 THENCE NORTHERLY ON A CURVE TO THE Lr , HAVING A RADIUS CF 1504.72 FEET, A CENTRAL ANGLE OF 01.0552", THE CENTER OF WHICH BEARS NORTH B3°43'S2" WEST, AN ARC DISTANCE OF 28.83 FEET TO A POINT OF COMPOUND CURVATURE; THENCE NORTHERLY AND WESTERLY ON A CURVE TO THE LEFT, HAVING A RAD/U5 OF 25.00 FEET, A CENTRAL ANGLE OF 93°47'54, THE CENTER OF WHICH BEARS NORTH 8494945" WEST, AN ARC DISTANCE OF 40.93 FEET TO THE WEST MARGIN OF CHRISTENSEN ROAD; THENCE NORTH 00°4511" WEST ALONG SAID WEST MARGIN 152.13 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT; THENCE CONTINUING NORTH ALONG SAID WEST MARGIN ON A CURVE TO TliE LEFT, HAVING A RADIUS OF 437.50 FEET, A CENTRAL. ANGLE OF 0802239, THE CENTER OF WHICH BEARS SOUTH 139°14'49" WEST, AN ARC /STANCE OF t3,9/ FEET TO THE TRUE POINT OF BEGINNING. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PAGE 2 EASEMENT AGREEMENT PAGE 6 OF'? TUKWILA HOLIDAY INN EXPRESS EXHIBIT C rfZCITR LINC PitOrtltre Litt! ol 7