HomeMy WebLinkAbout2021 - Permanent Easement Agreement - RREEF America REIT II Corp. MMMM 7 Washington / City of Tuwkila - 20210405001818IIliI 1 II 111 1111 1111 1 11111 1111 1111 IliL 1111 1111
20210405007818
AGREEMENT _ e Rec:$110,50,
4/612021 1:28 PM
KING COUNTY, WA
AFTER RECORDING RETURN TO:
City of Tukwila
Office of the City Clerk
6200 Southcenter Blvd.
Tukwila, WA 98188
111
GRANTOR:
GRANTEE:
Abbreviated
Legal Description:
Tax Parcel #:
PERMANENT EASEMENT AGREEMENT
RREEF America REIT II Corp. MMMM 7 Washington,
a Maryland corporation
City of Tukwila, a municipal corporation
POR OF GOV LOT 3 IN NE 1/4 OF SEC 09-23-04 & OF SE 1/4 OF NE
1/4 OF SEC 09-23-04 - BAAP 70 FT RGT OF ENGR STATION H
556+57.3 BEING A PT ON NELY MGN SHEET 1 OF 7 FOR R/W SR
99 S 118TH ST TO JUNCTION SSH NO 1-K APPROVED JULY 23,
1957 SD PT BEING PT OF TANGENCY OF CURVE RAD BEARING
N 42-02-03 E 748.51 FT TH SELY ALG SD MGN & SD CURVE THRU
C/A OF 04-26-56 ARC DISTANCE OF 58.12 FT TH N 41-57-30 E
499.81 FT TH N 15-27-21 E 75.56 FT TH N 74-32-39 W 12.60 FT TH N
48-0--30 W 175.40 FT TH N 53-07-03 W 74.03 FT M/L TO LN OF
ORDINARY HIGH WATER ON S SIDE OF DUWAMISH RIVER TH S
83-46-06 W 1.18.80 FT ALONG SAID LINE TH S 86-38-13 W 151.89 FT
TH S 89-56-21 W 108.07 FT TH N 89-25-13 W 32.85 FT TAP ON E
MGN OF SR 99 TH S 11-23-03 W 309.35 FT ALONG SAID EAST
MARGIN TI -I S 47-57-57 E 369.65 FT TO POB --- AKA PARCEL A OF
CITY OF TUKWILA BDRY LINE ADJ NO 89-8 BLA RECORDING
NO 9003121480
King County Parcel #0923049066
THIS PERMANENT EASEMENT AGREEMENT ("Agreement") is made as of the ifot
day of 01 GIAT)A- , 2021, by RREEF AMERICA REIT II CORP. MMMM 7
WASHINGTON, a Maryland corporation ("Grantor"), in favor of the CITY OF TUKWILA, a
municipal corporation ("Grantee"), with reference to the following facts:
RECITALS
WHEREAS, Grantor represents and warrants that it is the owner or owner's authorized
agent of property located at 3225 S. 116th Street in Tukwila, Washington, which is also known
as King County parcel number(s) 092304-9066 (the "Property");
WHEREAS, Grantee is currently designing a salmon habitat restoration project known as
the "Riverton Creek Flapgate Removal Project" (the "Project") that includes improvements on
the Property and adjacent properties;
WHEREAS, pursuant to that certain Temporary Construction Easement Agreement dated
, 2020, and recorded 't 2- /1_ , 2020, in the real property records of King County,
Washington under recording number t.cui'2,1-3„xt p (the "Temporary Construction Easement"),
Grantor has provided Grantee with access to a portion of the Property for the sole purpose of
providing construction access and staging for the Project (the "TCE Work"), as more particularly
described therein;
WHEREAS, after the TCE Work is completed, Grantee will require permanent access to
the Property in order to maintain to the Project; and
WHEREAS, Grantee desires and Grantor agrees to grant Grantee a permanent easement
for access to a portion of the Property in order to maintain the Project area and Project elements.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
covenants and agreements set forth herein, the parties agree as follows:
AGREEMENT
1. Easement. Grantor hereby grants Grantee, its agents, officers, contractors,
subcontractors, suppliers and their respective agents, officers, and employees, the right of ingress
and egress, a permanent, nonexclusive easement over and across that certain portion of the
Property generally depicted on Exhibit A attached hereto (the "Easement Area") •for the sole
purpose of providing ingress and egress in order to maintain, monitor and inspect the Project.
Grantee shall notify Grantor in writing at least five (5) business days in advance of any entrance
onto the Easement Area for any maintenance, monitoring and/or repair activities.
2
2. Easement Conditions.
(a) Grantee shall take all appropriate measures to protect the safety of persons and
property on adjoining land while using the Easement Area for the maintenance, monitoring and
inspection activities permitted pursuant to Section I above.
(b) Grantee: (i) shall not comrnit or suffer any waste upon the Property; (ii) shall not do
or permit anything to be done ' on or about the Property that is illegal or unlawful; (iii) shall
not conduct any staging activities, or otherwise impede or obstruct pedestrian vehicular ingress
and egress, on the Property; and (iv) 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 ofsuch construction barricades,
fencing and signage as may be required to protect the safety of persons and property. Grantee
shall not damage the Property during the exercise of the rights granted herein. Should the
Property or any improvements located thereon or any vehicles parked on the Property 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 Property, or any improvements located thereon.
(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' intentional
misconduct and/or 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 on!y to the extent ofthe negligence ofeach 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 vvuivc, 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 thern.
3
3. Reservation. Grantor reserves the right to use the Property for any and all purposes
which do not materially interfere with Grantee's use of the Property for the purposes stated
herein and are not otherwise inconsistent with the rights herein contained.
4. Covenants and Easernents Running With the Land. This Easement and all covenants,
restrictions, and obligations declared by the Agreement shall run with the land and will bind,
burden, and inure to the benefit of Grantee and Grantor and any lawful land division thereof.
Notwithstanding anything herein to the contrary, the parties acknowledge and agree that (i) this
Agreement, and Grantor's conveyance ofthe easement described in Section 1 above, is expressly
conditioned upon the completion of the TCE Work, and (ii) if the TCE Work is not completed on
or before the expiration date of the Temporary Construction Easement, then this Agreement shall
automatically terminate and be of no legal force or effect. If this Agreement terminates pursuant
to the immediately preceding sentence, then, upon the request of either party, the parties shall
record atcnn/natioo of this Agreement in the real property records of King County, Washington.
5, Miscellaneous.
(a) All recitals set forth abovare 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 ofthis Agreernent 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 partiesund supersedes any
prior agreernent with respect to the subject matter hereto. This Agreenient cannot be amended
except by an ioxicurneni 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 Agreernent 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) Any notice to a party shall be delivered in person or mailed by certified post and
addressed to Grantor or Grantee at the addresses set forth below:
4
If to Grantor: RREEF America REIT D Corp. MMMM 7 Washington
c/o CBRE, Inc. |AxmetSs,vices
20415 — 72nd Avenue South, Suite 210
Kent, WA 98032
1fk»Grantee: City ofTukwila
Office ofthe City Clerk
6200 Southcenter Blvd.
Tukwila, WA 98188
(g) 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.
(h) In the event of a breach of any of the covenants or agreements set forth in this
Agreement, the parties ahu|l be entitled to any and all remedies available at law or in equity,
ncIuding, but not limited to, the equitable remedies of specific performance and injunctive relief
issued by a court ofcompetentjurisdiction.
(i) This Agreement may be executed in counterparts each of which is an miginul and all
ofwhich shall constitute but one original.
Signatures and notary blocks Ibllow.
5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above written.
Grantee: CITY OF TIJKWILA
Grantor: RREEF AMERICA REIT II CORP.
MMMM 7 WASHINGTON
By: Z7 By:
Name: Name: Jo
Title: //I 4 i— Title:
6
By:
a Lenhert
ice President
Name: JThn Casasaite
Title: Vice President
STATE OF WASHINGTON)
) ss.
COUNTY ()PKING )
UL.
Tccrhfy that | know orhave uat�is�toryevidence that �//L/7 (�\��� is
the person who appeared before me, and said person acknowledged that he/she oKpncd this
instrument, on oath stated, he/she was authorized to execute the instrument and
acknowledged it as the y// ofthe City ofTokp�)\oto
hcthe �ceand voluntary act ofsuch `harty for the uses and purposes mentioned inthe instrument.
Dated: -7) q4:1,2_ /
, l,t»v
t'
^�"»..
Public -^'L^��~,e /3-
-
-_ _ Name
� (r) ,7 My commission expires /0/7 '/. —
� .+ �, , &7tu
"
LiP
mo
am
(Stamp or Seal)
STATE OF WASHINGTON
COUNTY OF KING
/
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lcertify that 1 know or have satisfactoryevidence that Joshua Lenhert and John Casasante
are the persoo who appeared before me, and said persons acknowledged that they signed this
instrument, on oath stated that they were authorized to execute the instrument and acknowledged
it each as Vice President of RREEF America REIT Il Corp. MMMM 7 Washington to be the free
and voluntary act of s ch party for the uses and purppurps.es rnentioned in the instrument.
Dated:
RACHEL JOHNS9N
Notary Public)
State of Washinon
Commission # 1791*64
My Comm. Expires Aug 6, 2023
Notary Public
Print Name
y commission expires
(Stamp or Seal)
7
Depiction. of U.,asement
Contractor
',-,-,11727.71'117-1"727.7117.117121121,117
Work Zone
vow
f , Parking stalls 1
must remain 1 1/
open during ,
1 hours ol 1 r,
7am - 5pm
BUILDING 1
temporary Stogiri
/, Area for Work in
/' ' Wetland ore°
141e,S*0'
a. 4,
SEMENT ARE 11
BUILDING 2
Nor( hours and porking/staging
requirements to be negotioted
at each maintenance event
Not to Scale