HomeMy WebLinkAbout2021 - Temporary Construction Easement Agreement - King County / Amalfi Investments, LLC / City of Tukwila - 20210210002167Chinook Wind Project
Amalfi Investments
Instrument Number: 20210210002167 Document:EAS Rec: $111.50 Page -1 of 9
Record Date:2/10/2021 2:20 PM
Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY DESTINN
DocuSign Envelope ID: DC6D840A-AED2-4695-A32D-8ED164474852
AFTER RECORDING RETURN TO:
King County WLRD
Attn: Open Space Acquisitions
201 South Jackson Street, Suite 600
Seattle, WA 98104
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
GRANTOR:
GRANTEE:
Abbreviated
Legal Description:
Full Legal
Description:
City of Tukwila, a municipal corporation
King County, a political subdivision of the State of Washington
Ptn. Govt. Lt. 1, Sect. 10, Twp. 23N, Rng. 4EWM
See Exhibit A
Tax Parcel #: Ptn. 102304-9059
Property Address: 11231 E. Marginal Way S., Tukwila, WA 98168
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT ("Agreement") is
made as of the Zat"day of Ta waAv- , 2021, by the CITY OF TUKWILA, a
municipal corporation ("Grantor"), in favor of KING COUNTY, a political subdivision of the
State of Washington ("Grantee"), with reference to the following facts:
RECITALS
A. WHEREAS, Grantor represents and warrants it has possession and use of the above -
referenced real property, more particularly described in Exhibit A, which is attached
hereto and by this reference incorporated herein (the "Property"), in the manner and
to the extent set forth in the Judgment and Decree of Appropriation recorded under
King County Recording Number 20181218000894 (the "Judgment").
B. WHEREAS, Amalfi Investments, LLC, pursuant to the Judgment and related
Settlement Agreement has retained the right to manage the property and collect
11C7S2352602.DOC;1/13175.000001/ )
Instrument Number: 20210210002167 Document:EAS Rec: $111.50 Page -2 of 9
Record Date:2/10/2021 2:20 PM King County, WA
DocuSign Envelope ID: DC6D840A-AED2-4695-A32D-8ED164474852
additional compensation in the form of rents generated therefrom until November 1,
2023, and consents to the grant of this temporary construction easement by signing
below.
C. WHEREAS, Grantee, with the active support and participation of Grantor, is
constructing a mitigation project on Grantee's adjacent properties (the "Mitigation
Project").
D. WHEREAS, it is necessary for Grantee to obtain a temporary construction easement
across and on portions of the Property in order to construct the Mitigation Project.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants
and agreements set forth herein, the parties agree as follows:
AGREEMENT
1. Temporary Construction Easement. Grantor hereby grants Grantee, a temporary
construction easement granting Grantee and its respective agents, officers, contractors,
subcontractors, suppliers and their respective agents, officers and employees the right to enter
upon and have access to that portion of the Property cross -hatched on the map attached hereto as
Exhibit B and by this reference incorporated herein (the "Easement Area") for the following
purposes (collectively, the "Construction Activities"): Temporary storage/staging of construction
materials (e.g., uprooted trees, soil, etc.).
2. Easement Conditions.
(a) Grantee shall take all appropriate measures to protect the safety of persons and
property on adjoining land and on the Property while using the Easement Area.
(b) Grantee shall not have the right to access the Easement Area by crossing the
Remainder Area (i.e., that portion of the Property outside the boundaries of the Easement Area).
Further, Grantee shall not conduct any activity on the Easement Area that that will in any way
impact the ability of the occupant of the Remainder Property (currently UPS Ground Freight,
Inc.), or any successor occupant, to operate its business thereon.
(c) Grantee: (i) shall not commit or suffer any waste upon the Easement Area or the
Property; (ii) shall not do or permit anything to be done in, on or about the Property or the
Easement Areas that is illegal or unlawful; and (iii) shall comply with all environmental, health
and safety requirements imposed by the permitting jurisdictions or other governmental
authorities or environmental laws, including without limitation the installation of such
construction barricades, fencing and signage as may be required to protect the safety of persons
and property. Grantee shall not damage the Easement Area or the Property during the exercise
of the rights granted herein. Should the Easement Area or the Property or any improvements
{KZS2352602.DOC:1/13175.00OOO1/ } 2
Instrument Number: 20210210002167 Document:EAS Rec: $111.50 Page -3 of 9
Record Date:2/10/2021 2:20 PM King County, WA
DocuSign Envelope ID: DC6D840A-AED2-4695-A32D-8ED164474852
located thereon or any vehicles parked on the Property outside of the Easement Area be damaged
or destroyed by the exercise of the rights granted hereunder by Grantee or Grantee's contractors,
subcontractors, suppliers, employees, agents, licensees or invitees, Grantee shall repair the
damage to any vehicles, the Easement Area, the Property, or any improvements located thereon.
Grantee shall, at its sole cost and expense, upon completion of the Construction
Activities, restore the Easement Area and any other portion of the Property impacted by the
Construction Activities to good condition and repair consistent with, or better than, the condition
of the Easement Area and Property before commencement of the Construction Activities, and
remove all construction debris, materials, equipment and vehicles from the Easement Area and
Property.
(c) To the extent permitted by law, each party shall protect, defend, indemnify and save
harmless the other party and its respective agents, officers, contractors, subcontractors, suppliers
and their respective agents, officers and employees, from any and all costs, expenses, claims,
actions, suits, liability, loss, judgments, attorneys' fees and/or awards of damages arising out of
or in any way resulting from the indemnifying party's, respective agents', officers', contractors',
subcontractors', suppliers' and their respective agents', officers' and employees' negligent acts,
errors or omissions related to each party's exercise of rights pursuant to this Agreement. If such
costs, expenses, claims, actions, suits, liability, loss, judgments, attorneys' fees and/or awards of
damages are caused by, or result from, the concurrent negligence of the parties, or their
respective agents, officers, contractors, subcontractors, suppliers and their respective agents,
officers and employees, this Section shall be valid and enforceable only to the extent of the
negligence of each party, its respective agents, officers, contractors, subcontractors, suppliers and
their respective agents, officers and employees.
The foregoing indemnity is specifically and expressly intended to constitute a waiver of
the indemnifying party's immunity under Washington's Industrial Insurance Act, RCW Title 51,
as respects the indemnified party only, and only to the extent necessary to provide the
indemnified party with a full and complete indemnity of claims made by the indemnitor's
employees. The parties acknowledge that these provisions were specifically negotiated and
agreed by them.
3. Reservation. Grantor reserves the right to use the Easement Area for any and all
purposes which do not materially interfere with Grantee's use of the Easement Area for the
purposes stated herein and are not otherwise inconsistent with the rights herein contained.
4. Term. The temporary construction easement granted herein will commence upon
execution of this Agreement and shall automatically terminate on the earlier of completion of the
Construction Activities or December 31, 2021, unless sooner terminated by written agreement of
the parties. For the duration of the term provided herein, this Agreement shall be binding on
Grantor's successors in interest and shall run with the land. Once the temporary construction
(KZS2352602.DOC:1/13175.000001/) 3
Instrument Number: 20210210002167 Document:EAS Rec: $111.50 Page -4 of 9
Record Date:2/10/2021 2:20 PM King County, WA
DocuSign Envelope ID: DC6D840A-AED2-4695-A32D-8ED164474852
easement granted hereunder has terminated, upon the request of either party, the parties shall
record a termination of this Agreement in the real property records of King County, Washington.
5. Miscellaneous.
(a) All recitals set forth above are incorporated into this Agreement as though fully set
forth herein. The captions and paragraph headings contained in this Agreement are for
convenience and reference only and in no way define, describe, extend or limit the scope or
intent of this Agreement nor the intent of any provision hereof.
(b) This Agreement cannot be assigned by Grantee without the prior written consent of
Grantor, which consent may be withheld by Grantor in its sole and absolute discretion.
(c) This Agreement constitutes the entire agreement of the parties with respect to the
subject matter hereto. This Agreement cannot be amended except by an instrument in writing
signed by the parties hereto.
(d) If any portion of this Agreement shall be deemed void, illegal or unenforceable, the
balance of this Agreement shall not be affected thereby. The terms and conditions of this
Agreement shall be construed as a whole in accordance with the intention of the parties and
without regard to any canons requiring construction against the party responsible for drafting this
Agreement.
(e) This Agreement shall be governed by and construed and enforced in accordance with
the laws of the State of Washington and venue shall lie exclusively in King County Superior
Court. The parties waive the right to file suit elsewhere.
(f) In the event either party employs an attorney to enforce or interpret any of the
provisions of this Agreement, the prevailing party shall be entitled to recover its costs and
reasonable attorneys' and expert witness fees in connection with such action.
(g) Time is of the essence in the performance of this Agreement.
(h) In the event of a breach of any of the covenants or agreements set forth in this
Agreement, the parties 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 and injunctive relief
issued by a court of competent jurisdiction.
(i) This Agreement may be executed in counterparts each of which is an original and all
of which shall constitute but one original.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above written.
{KZS2352602.DOC:1113175.0000011 } 4
Instrument Number: 20210210002167 Document:EAS Rec: $111.50 Page -5 of 9
Record Date:2/10/2021 2:20 PM King County, WA
DocuSign Envelope ID: DC6D840A-AED2-4695-A32D-8ED164474852
Grantee: KING COI NTY
Do Signed by_
cu
By:
r --
Name: Jos Ba I ., Name: Alan Ekbe
Sign ztu anrl'rrc Lary blocks follow..
Grantor: CITY OF TUK LA
By:
Title: Di rector, WLR Division
{KZS2352602 D:
Title: Mayor
Con senting Amalfi Investments LLC
By:
Tide:
Instrument Number: 20210210002167 Document:EAS Rec: $111.50 Page -6 of 9
Record Date:2/10/2021 2:20 PM King County, WA
DocuSign Envelope ID: DC6D840A-AED2-4695-A32D-8ED164474852
STATE OF WASHINGTON
COUNTY OF KING
) ss.
}
I certify that I know or have satisfactory evidence that
the person who appeared before ie, and said person acknowledged
instrument, on oath stated thahe was authorized to execute the ins
acknowledged it as the
be the free and voluntary act of suc i p+`, fdr the iises and purposes
Dated:
he signed s
rnent and
e City of Tukwila to
entioned in the instrument.
STATE OF WASHING' 'ON
COUNTY OF KING
No
Print Nat
My commission expir
I certify that I know or have satisfactory evidence that
the person who appeared before me, and said person acknowledged that he/she signed this
instrument, on oath stated that he/she was authorized to execute the instrument and
to beee and voluntary act o ' a ` t of Amalfi Investments, i IAC
acknowledged pt for the. uses and purposes mentioned in the
instrument.
Dated:
Notary 1?
Print Nanie
My cornmi
6
n expires
Instrument Number: 20210210002167 Document:EAS Rec: $111.50 Page -7 of 9
Record Date:2/10/2021 2:20 PM King County, WA
DocuSign Envelope ID: DC6D840A-AED2-4695-A32D-8ED164474852
STATE OF WASHINGTON
) ss.
COUNTY OF KING
Josh Bal di
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and said person acknowledged that he/she signed this
instrument, on oath stated that he/she was authorized to execute this instrument and
acknowledged it as the WLR Di vi si on Di rector of King County to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated: 2/4/2021 -®DocuSigned by:
Jazt 544.0444
3C1 C6321 E8924B0...
(Electronic official
stamp)
JULIE SANDERS
Notary Public
State of Washington
Commission # 192651
Commission Expires 5/30/2021
Notary Public Julie Sanders
Print Name
N y commission expires 5/30/2021
(Stamp or Seal)
This record was acknowledged before
me by means of communication
technol ogy
(KZS2352602.1)0C;1/13175.000001/) 7
Instrument Number: 20210210002167 Document:EAS Rec: $111.50 Page -8 of 9
Record Date:2/10/2021 2:20 PM King County, WA
DocuSign Envelope ID: DC6D840A-AED2-4695-A32D-8ED164474852
EXHIBIT A
Full Property Lettal Description
All the portions of Government Lot 1, Section 10, Township 23 North, Range 4 East, W.M.,
lying North of the Duwamish River, or North of the Government Meander Line along the
North Bank of said river, and West of the Westerly line of East Marginal Way;
Except that portion as condemned in King County Superior Court Cause No. 469557 for
transmission lines right of way;
And except all county roads;
And except that portion thereof described as follows:
Beginning at a point on the West line of said Government Lot 1, lying South 00'32'40" West
636.35 feet from the Northwest comer thereof;
Thence South 88'51'20" East parallel with the North line of said Government Lot 1, 208.79
feet to the True Point of Beginning;
Thence North 69°47'10" East 514 feet, more or less, to the Westerly line of East Marginal
Way;
Thence Westerly along the Duwamish River to a point which bears South 20°12'50" East
from the True Point of Beginning;
Thence North 20°12'50" West to the True Point of Beginning.
(KZS2352602.00c;1n3175.000001/ ) King County / Tukwila TCE
Instrument Number: 20210210002167 Document:EAS Rec: $111.50 Page -9 of 9
Record Date:2/10/2021 2:20 PM King County, WA
DocuSign Envelope ID: DC6D840A-AED2-4695-A32D-8ED164474852
EXHIBIT B
Map — Easement Area
PIN: 102304-9059
6.9 acres total
Easeme - . 0.29 acres (12,770 Si
Extend from =Misting fence to ordir
Water ne (• ) of Duwamish Rivl
. Ft)
try Nigh
Duywamish River
{KZ52352602.DOC;1n3175. 1/ } King County / Tukwila TCE