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HomeMy WebLinkAbout2020 - Sidewalk and Street Light Easement - MRFH, LLC / City of Tukwila - 20201223002698Instrument Number: 20201223002698 Document:EAS Rec: $111.50 Page -1 of 9 Record Date:12/23/2020 4:52 PM Electronically Recorded King County, WA Return Address: Attn: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila WA, 98188 Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04) Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in) 1 Sidewalk and Street Light Easement 2. (Re-recording to replace Exhibit B to correct 3. Legal Description of Easement) 4. Reference Number(s) of Documents assigned or released: 20141125000602 Additional reference #'s on page 2 of document Real eng to replace Exhibit B to correct legal description of Easement Grantor(s) Exactly as name(s) appear on document 1. MRFH, LLC , 2. , Additional names on page of document. Grantee(s) Exactly as name(s) appear on document 1. City of Tukwila , 2. , Additional names on page of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) See Exhibit 'A' attached hereto and incorporated herein by this reference Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number ■ Assessor Tax # not yet assigned 022310-0031 / 022310-0032 / 022310-0034 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. "I 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 Instrument Number: 20201223002698 Document:EAS Rec: S111.50 Page -2 of 9 Record Date:12/23/2020 4:52 PM King County, WA Return to: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 11111111111 20141125000602 C/TY OF UKWIL EAS 79.00 PAGE -001 OF 008 11/25/2014 11:10 KING COUNTY, WA Above this line reserved for Recorder's use 1 p SIDEWALK AND STREET LIGHT EASEMENT Grantor: MRFH, LLC, a Washington State limited Iiability company Grantee: CITY OF TUKWILA, a municipal corporation of King County, Washington. Document Reference Number(s): Section/Township/Range: NE1/4 of the NE1/4, Sec. 26, T.23N., R.4E., WM Assessor's Tax Parcel Number(s): 022310-0031 / 022310-0032 / 1022310-0034 Full Legal Description: See Exhibit `A' attached hereto and incorporated herein by this reference Recitals. A. The Grantor is the owner of that certain real property legally described on Exhibit 'A' attached hereto and incorporated herein by this reference ("Parcel A"). B. This instrument sets forth the terms and conditions under which the Grantor will grant the Grantee an easement. Page 1 of 8 EXCISE TAX NOT REQUIRED King Co,; my Record ©ivi ion BY: Instrument Number: 20201223002698 Document:EAS Rec: S111.50 Page -3 of 9 Record Date:12/23/2020 4:52 PM King County, WA 2. Grant of Easement. A. For and in consideration of TEN DOLLARS ($10.00), and other valuable consideration, the receipt of which is hereby acknowledged, MRFH, LLC ("Grantor") grants, conveys, and warrants to the CITY OF TUKWILA, ("Grantee") for the purposes hereinafter set forth, a perpetual easement under, across, and over Parcel A, a legal description of said easement being attached hereto as Exhibit 'B' and as depicted in Exhibit 'C', which are attached and incorporated herein by this reference. 3. Purpose of Easement. The Grantee shall be entitled to use the easement under, across, and over Parcel A in perpetuity for the purpose or purposes of: Construction, maintenance, and use by the Public of Public Sidewalk, Street Trees, Fire Hydrant, and Street Light in the Easement Area. 4. General Provisions. A. Access. Grantee shall have the right of access to the easement under, across, and over the Property to enable Grantee to exercise its rights hereunder. B. Indemnification. Grantee shall hold the Grantor harmless from all costs, claims, or liabilities of any nature, including attorneys' fees, costs, and expenses for or on account of injuries or damages sustained by any persons or property resulting from the negligent activities or omissions of the Grantee resulting from this easement. Grantor shall hold the Grantee and its officers, agents and employees harmless from all costs, claims or liabilities of any nature including attorneys' fees, costs and expenses for or on account of injuries or damages sustained by any persons or property resulting from the negligent activities or omissions of the Grantor, or Grantor's agents or employees resulting from this easement. C. Attorneys' Fees. In the event that any suit or other proceeding is instituted by either party to this instrument arising out of or pertaining to this instrument or the relationship of the parties, including but not limited to the filing of a lawsuit, a request for an arbitration, mediation, or other alternative dispute Page 2 of 8 Instrument Number: 20201223002698 Document:EAS Rec: S111.50 Page -4 of 9 Record Date:12/23/2020 4:52 PM King County, WA resolution process (collectively, "Proceeding"), and any appeals and collateral actions relative to such a Proceeding, the substantially prevailing party as determined by the court or as determined in the Proceeding shall be entitled to recover its reasonable attorneys' fees and all costs and expenses incurred relative to such Proceeding from the non -prevailing party, in addition to such other relief as may be awarded. D. Binding Effect. This instrument shall be binding upon and inure to the benefit of the parties and their successors, hefts, assigns, and personal representatives and all persons claiming by, through or under the parties hereto. The easement created by this instrument shall be appurtenant, shall touch and concern the real property identified as Parcel A, and shall run with the land. E. Applicable Law. This instrument 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 instrument shall be exclusively within the state or federal courts of King County, Washington. F. Entire Agreement. This instrument contains the entire agreement between the parties with respect to this matter. It may not be modified except in a writing signed by both parties. G. Waiver. Any waiver by a party of a breach of any provision of the agreement contained within this instrument by the other party shall not operate or be construed as a waiver of any subsequent breach by that party. No waiver shall be valid unless in writing and signed by the party against whom enforcement of the waiver is sought. H. Severability. If for any reason any portion of this instrument or any agreement contained herein shall be held to be invalid or unenforceable, the holding of invalidity or unenforceability of that portion shall not affect any other portion of this instrument or agreement and the remaining portions of the instrument shall remain in full force and effect. Notices. Any notice required or desired to be given under this instrument shall be deemed given if it is in writing and actually delivered to the party, or sent by certified mail to the address listed below for that party: Page 3 of 8 Instrument Number: 20201223002698 Document:EAS Rec: S111.50 Page -5 of 9 Record Date:12/23/2020 4:52 PM King County, WA City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 STATE OF WASHINGTON ) )ss. COUNTY OF KING MRFH, LLC 2305 Hughes Ave. SW Seattle, WA 98166 I certify I have know or have satisfactory evidence that AP.-/a/y is the person(s) who appeared before me, and said person(s) acknowledged that he signed this instrument on oath stated that he was authorized to execute the instrument and acknowledge as the of MRFH, LLC, a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated /--/7-20 111110 11110iii4 AN,4 .0057.4"Oz, NOTARY 1 PUBLIC OF wp, er'77/3.4. • Nota = residing at V..cer Public in and for the State of Washington ereild My appointment expires /0- -al- 7 Page 4 of 8 Instrument Number: 20201223002698 Document:EAS Rec: S111.50 Page -6 of 9 Record Date:12/23/2020 4:52 PM King County, WA DATED this GRANTEE: CITY OF TU WILA Mayor Attes City Clerk STATE OF WASHINGTON ) County of King On this day of t.y P,,., , 2014, before me, the undersigned, a otary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Jim Haggerton, known to me to be the Mayor 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. SS. 2014. Approved As To Form by City Attorney WITNESS my hand and official seal hereto affixed the day and year above written. Notary Public in and for the State of Washington residing at My appointment expires, Page 5 of 8 Instrument Number: 20201223002698 Document:EAS Rec: S111.50 Page -7 of 9 Record Date:12/23/2020 4:52 PM King County, WA °EXHIBIT 'A' LEGAL DESCRIPTION OF OWNER'S / GRANTOR'S PROPERTY PARCEL A THE WEST 172 FEET OF THE SOUTH 190 FEET OF TRACT 3, ANDOVER INDUSTRIAL PARK, NO. 2, ACCORDING TO PLAT THEREOF RECORDED IN VOLUME 71 OF PLATS, PAGE 68, RECORDS OF KING COUNTY AUDITOR; PARCEL B THE EAST 78 FEET OF THE WEST 250 FEET OF THE SOUTH 190 FEET OF TRACT 3, ANDOVER INDUSTRIAL PARK, NO. 2, ACCORDING TO PLAT THEREOF RECORDED IN VOLUME 71 OF PLATS, PAGE 68, RECORDS OF KING COUNTY AUDITOR; PARCEL C THE NORTH 24 FEET OF THE SOUTH 214 FEET OF THE WEST 250 FEET OF TRACT 3, ANDOVER INDUSTRIAL PARK, NO. 2, ACCORDING TO PLAT THEREOF RECORDING IN VOLUME 71 OF PLATS, PAGE 68, RECORDS OF KING COUNTY AUDITOR; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. Page 6 of 8 Instrument Number: 20201223002698 Document:EAS Rec: 5111.50 Page -8 of 9 Record Date:12/23/2020 4:52 PM King County, WA EXHIBIT "B" LEGAL DESCRIPTION OF SIDEWALK AND STREET LIGHT EASEMENT The South 12 feet of the following described legal parcels: PARCEL A: THE WEST 172 FEET OF THE SOUTH 190 FEET OF TRACT 3, ANDOVER INDUSTRIAL PARK, NO. 2, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 71 OF PLATS, PAGE 68, RECORDS OF KING COUNTY AUDITOR; PARCEL B: THE EAST 78 FEET OF THE WEST 250 FEET OF THE SOUTH 190 FEET OF TRACT 3, ANDOVER INDUSTRIAL PARK, NO. 2, ACCORDING TO PLAT THEREOF RECORDED IN VOLUME 71 OF PLATS, PAGE 68, RECORDS OF KING COUNTY AUDITOR; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. Page 7 of 8 {020251$Oty 1 Instrument Number: 20201223002698 Document:EAS Rec: S111.50 Page -9 of 9 Record Date:12/23/2020 4:52 PM King County, WA i 1 NTS EXHIBIT 'C' DEPICTION OF SIDEWALK & STREET LIGHT EASEMENT 402 BAKER BLVD. REOCAT EI) FIRE HYDRANT NEW STREET TREE (TYP.) (6 EACII ) STREET LIGHT STREET TREE FIRE HYDRANT & SIDEWALK EASEMENT BAKER BOULEVARD Page 8 of 8