HomeMy WebLinkAbout2019 - Temporary Construction Access Agreement - Sound Mental Health / City of Tukwila - 20191015000252Return Address:
Tukwila City Clerk
6200 Southcenter Blvd.
Tukwila, WA 98188
ATTN: Brandon Miles
111 I 1II1 II111 I1111111111
20191015000252
1111
AGREEMENT Rec: $11050
10/15/2019 9:54 AM
KING COUNTY, WA
1
Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04)
Document Title(s) (or transactions contained therein): tall areas applicable to your document must be filled in)
L Temporary Construction Access Agreement 2.
3. 4.
Reference Number(s) of Documents assigned or released: N/A
Additional reference #'s on page of document
Grantor(s) Exactly as name(s) appear on document
1 Sound Mental Health, Washington nonprofit corportation
2. ,
Additional names on page of document,
Grantee(s) Exactly as name(s) appear on document
1. City of Tukwila, a municipal corporation
2, ,
Additional names on page of document.
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
Portion of Wm FL Gilliam Donation Claim No. 40, Township 23 North, Range 4 East, W.M., King County
See Page 2 and Exhibit A for additional legal description
Additional legal is on page of document.
Assessor's Property Tax Parcel/Account Number 0 Assessor Tax # not yet
assigned
000320-0003
The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document
to verify the accuracy or completeness of the indexing information provided herein.
"1 am signing below and paying an additional $50 recording fee (as provided in RCW 36.18.010 and
referred to as an emergency nonstandard document), because this document does not meet margin and
formatting requirements. Furthermore, I hereby understand that the recording process may cover up or
otherwise obscure some part of the text of the original document as a result of this request."
Signature of Requesting Party
Note to submitter: Do not sign above nor pay additional $50 fee if the document meets margin/formatting requirements
After Recording Return To:
Tukwila City Clerk
6200 Southcenter Blvd
Tukwila, WA 98188
Document Title: Temporary Construction Access Agreement
Grantor: Sound Mental Health, a Washington nonprofit
corporation
Grantee: City of Tukwila, a municipal corporation
Legal Description Portion of Wm H. Gilliam Donation Claim No. 40,
(Abbreviated): Township 23 North, Range 4 East, W.M., King County
See Page 2 and Exhibit A for additional legal description
Assessor Tax Parcel 000320-0003
Number(s):
Recording # of
Document Assigned,
Released or Modified
N/A
Page 1 of 7
TEMPORARY CONSTRUCTION ACCESS EASEMENT
PARTIES
1.1 Grantor. Sound Mental Health, a Washington nonprofit corporation
1.2 Grantee. City of Tukwila, a municipal corporation
EASEMENT
2.1 Grant of Temporary Construction Access Easement. For and in consideration of
mutual benefits, the receipt of which are expressly acknowledged, Grantor hereby
conveys to Grantee a temporary construction access easement and the right of ingress
and egress over, across and through the Easement Area, as described in Section 2.4
and Exhibit A attached hereto and incorporated herein by this references, for the
purposes described herein. The Easement Area may be used by Grantee and Grantee's
officers, officials, employees, agents, and contractors for the purposes described
below.
2.2 Purpose. The purpose of this easement is to provide Grantee with a temporary right of
access and ingress and egress on, over, and across a portion of the Grantor's Property
for construction activities, grading and excavation, in connection with Grantee's
construction of a block retaining wall, concrete retaining wall footings and cast -in-
place concrete staircase. Grantee shall not use this easement for the staging of
equipment or materials, and no portion of the wall, footings or staircase will be located
on the Grantor's property.
2.3 Burdened Property. This easement is of varying width and burdens a portion of the
following described real property owned by Grantor and situated in the County of
King, State of Washington, Tax Assessor Number 000320-0003 ("Grantor Property"):
That portion of the Wm H. Gilliam Donation Claim No. 40, Township 23
North, Range 4 East, W.M, described as follows:
Commencing 1,336.78 feet West and 1,501.50 feet North of the Southeast
comer of Section 23, Township 23 North, Range 4 East, W.M.;
Thence East 250 feet;
Thence South 325.50 feet to North line of County Road No. 622 (Macadam
Road);
Thence Westerly along said North line to a point South of beginning;
Thence North to beginning;
Page 2 of 7
Except portion conveyed to King County for Southcenter Boulevard, also
known as Renton -Three Tree Point County Road, by deed recorded under King
County Recording No. 2685209, records of King County;
Together with all of Lessor's right, title and interest in and to that portion of
Macadam Road, as located by King County Survey No. 639 "A", Iying
Westerly of a line perpendicular to the Northwesterly margin of said Macadam
Road at its intersection with the Westerly line of that portion of the William H.
Gilliam Donation Claim No. 40, in Township 23 North, Range 4 East, W.M.,
as conveyed to H. Wayne Anderson and Ardeth Anderson, his wife, by deed
recorded under Recording No. 584525, and lying North of the Northerly
margin of the Renton -Three Tree Point Road No. 2649.
Situate in King County, Washington.
2.4 Location of Easement. The location of this temporary construction access easement is
upon that portion of the Grantor Property described in Exhibit A, attached and
incorporated herein as though fully set forth ("Easement Area").
2.5 Term of Easement. Grantee shall give Grantor one -day prior written notice regarding
the date of commencement of construction activities in the Easement Area for the
purposes described above. Grantee's right to use the Easement Area for such purposes
shall be limited to one (1) continuous period of sixty (60) days from the date of
commencement of construction, and upon expiration of such sixty (60) day period,
this easement shall terminate and be of no further force or effect. If Grantee does not
commence construction by September 1, 2021, this easement shall terminate and be of
no further force or effect. Grantee shall deliver its written notice to Grantor via email
to Guy Delisi at email address guy.delisi@sound.health, with confirmation by
telephone call to Mr. Delisi at telephone number 206-901-2071.
2.6 Restoration. Grantee and its contractors will accomplish the activities permitted by
this easement in a manner that will not disturb or destroy existing improvements in the
Easement Area. Upon completion of its use of the Easement Area, Grantee shall be
responsible to restore the Easement Area to its condition as existed immediately
before the Easement Area was entered onto by Grantee or its contractors, at Grantee's
sole cost and expense.
2.7 Use of Easement Area. Grantor shall have the right to use the Easement Area in any
way and for any purpose not inconsistent with the rights herein granted to Grantee.
This easement does not authorize Grantee to permit or cause the interruption of any
utilities in the Easement Area that serve the Grantor Property. Grantee shall not
permit its use of the Easement Area to interrupt the normal operations of the Grantor
Property or to interfere with the use of the parking areas on the Grantor Property by
Page 3 of 7
Grantor and its employees, customers, tenants, invitees and agents. Grantee and its
contractors shall not have the right to use any portion of the Grantor Property for
parking.
2.8 Indemnification. To the fullest extent allowed by law, Grantee agrees to indemnify
Grantor, its employees, customers, tenants, invitees and agents from and against any
and all claims, demands, suits, damages, loss or liability (including reasonable
attorneys' fees) arising from Grantee's exercise of the rights granted herein, except
that if such claims, demands, suits, damages, loss or liability arise in part out of the
negligence of Grantor, its employees, customers, tenants, invitees and agents, then
Grantee's indemnity obligations shall apply only to the extent of the negligence or
willful misconduct of Grantee or its contractors. The foregoing indemnity shall
specifically cover liability for actions brought by employees of Grantee and of its
contractors and, to the extent necessary to give effect to the foregoing indemnities
only, Grantee hereby waives any immunity it might otherwise enjoy under industrial
insurance Title 51 of the Revised Code of Washington and under any substitute or
replacement statute. This waiver and agreement were specifically negotiated by
Grantor and Grantee and is solely for the benefit of Grantor and its successors and
assigns and is not intended as a waiver of Grantee's or its contractor's rights of
immunity under said industrial insurance for any other purpose.
2.9 Other. The restoration obligations and indemnification obligations set forth herein
shall survive termination of this easement. This easement shall be binding on the
parties hereto and their respective successors and assigns. This easement may be
executed in any number of counterparts, all of which taken together shall constitute
one and the same instrument.
2.10 Applicable Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington. Jurisdiction over and venue of any suit
arising out of or related to this Agreement shall be exclusively within the Superior
Court of Washington for King County.
2.11 Entire Agreement. This Agreement, together with attachments or addenda, represents
the entire and integrated Agreement between the Grantor and Grantee and supersedes
all prior negotiations, representations, or agreements written or oral. This Agreement
may be amended only by written instrument signed by both the Grantor and the
Grantee.
Page 4 of 7
2.12 Recording. This Agreement shall be recorded with King County's Recording Office.
GRANTOR:
SOUND MENTAL HEALTH, a Washington
nonprofit corporation
By:
Print nam :
Title: qi)
GRANTEE:
CITY OF TUKWILA, a municipal corporation
By: ACC -k42
Print name: :le_tilize kI`e
Title: :ii- id412
ACKNOWLEDGMENTS ARE ON FOLLOWING PAGE
Page 5 of 7
ACKNOWLEDGMENTS
STATE OF WASHINGTON )
COUNTY OF KING
SS
This record was acknowledged before me on
jk-15-'* Z--ce , 2019, by
, as P ct Coo of SOUND
NTAL HEALTH, a Washington nonprofit corporation.
DATED:
Stamp
STATE OF WASHINGTON )
) ss
COUNTY OF KING
Thi ecord was acknowledged
-LAI' Vie( /,.s.-0(
TUKWILA, a municipal corpo
DATED:
, 2019.
Notary Publi or the
residing in
(City)
Print name:
State of Washington
(State)
CE_IC C.01,4
Commission expires:
Si 7AD22---
before me on s 2-7 , 2019, by
, as .4-e1niikisi-v-0,-/cp- of CITY OF
ration.
, 2019.
Notary P *c for the State of Washington
residing in 77-k.'7 tot_
(State)
Print name: 156,00 --77-0174
Commission expires: /0-62
Page 6 of 7
EXHIBIT A
The North 20 feet of the West 114.48 feet of the following described real property:
That portion of the Wm H. Gilliam Donation Claim No. 40, Township 23 North,
Range 4 East, W.M, described as follows:
Commencing 1,336.78 feet West and 1,501.50 feet North of the Southeast corner of
Section 23, Township 23 North, Range 4 East, W.M.;
Thence East 250 feet;
Thence South 325.50 feet to North line of County Road No. 622 (Macadam Road);
Thence Westerly along said North line to a point South of beginning;
Thence North to beginning;
Except portion conveyed to King County for Southcenter Boulevard, also known as
Renton -Three Tree Point County Road, by deed recorded under King County
Recording No. 2685209, records of King County;
Together with all of Lessor's right, title and interest in and to that portion of Macadam
Road, as located by King County Survey No. 639 "A", lying Westerly of a line
perpendicular to the Northwesterly margin of said Macadam Road at its intersection
with the Westerly line of that portion of the William H. Gilliam Donation Claim
No. 40, in Township 23 North, Range 4 East, W.M., as conveyed to H. Wayne
Anderson and Ardeth Anderson, his wife, by deed recorded under Recording
No. 584525, and lying North of the Northerly margin of the Renton -Three Tree Point
Road No. 2649.
Situate in King County, Washington.
Page 7 of 7