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Home My WebLink About2020 - Easement Agreement - Bellwether Tukwila LLLP / City of Tukwila - 20200227001188Instrument Number: 20200227001188 Docume t:EAS Rec: S109.50 Page -1 of 7 Record Date:2/27/2020 1:03 PM Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY NATALYA TAYKO, DEPUTY When Recorded Return to: City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Attn: City Clerk DOCUMENT TITLE: Easement Agreement GRANTOR: GRANTEE: ABBREVIATED LEGAL: TAX PARCEL NO(S): REFERENCE NO.: Bellwether Tukwila LLLP, a Washington limited liability limited partnership City or Tukwila, a non -charter, optional code Washington municipal corporation Pto. Lot 8 and all of Lot 7, Block 2, Third Add. to Adams Home Tracts, Vol. 15, P. 17 Complete Legal Description on Exhibit A 004300-0108-00; 004300-0112-04; and 004300-0116-00 002,7.- 00000 415 t‘r( 3 1ST AM When Recorded Return to: City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Attn: City Clerk DOCUMENT TITLE: GRANTOR: GRANTEE: ABBREVIATED LEGAL: TAX PARCEL NO(S): REFERENCE NO.: ID: Easement Agreement RECORDED ELECTRONICALLY Q721OokYtourrty: K4-1-) (7, Dote:a IT. 1/07()T-Ime: : Pre simplIfile.com 800.460.5657 Bellwether Tukwila LLLP, a Washington limited liability limited partnership City of Tukwila, a non -charter, optional code Washington municipal corporation Ptn. Lot 8 and all of Lot 7, Block 2, Third Add. to Adams Home Tracts, Vol. 15, P. 17 Complete Legal Description on Exhibit A 004300-0108-00; 004300-0112-04; and 004300-0116-00 0000 gel 5 1STAM EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (this "Agreement") is entered into by and between BELLWETHER TUKWILA LLLP, a Washington limited liability limited partnership ("Grantor"), and the CITY OF TUKWILA, a non -charter, optional code Washington municipal corporation (the "City"), as of , 2020, and effective as of the Effective Date (herein defined). The Grantor a the City are herein collectively referred to as the "Parties." NESSETH: WHEREAS, Grantor is the owner of that certain tract of land described on Exhibit "A" attached hereto and made a part hereof, said property being referred to herein as the "Property"; and WHEREAS, the Parties entered into a development agreement dated February 16, 2018, and recorded in the Recorder's Office of King County, Washington as Instrument No. 20180220000993 (the "Development Agreement"), for the proposed development and operation of an affordable housing project known as The Confluence Apartments to be constructed on the Property and consisting of 103 housing units (the "Project"); WHEREAS, pursuant to the terms of the Development Agreement, in exchange for modified development standards for the Project, Grantor agreed to provide the City a 20 -foot easement for future street purposes; and WHEREAS, notwithstanding the terms of the Development Agreement, the City now seeks to ensure only public pedestrian access across such portion of the Property consisting of a 20 -foot easement as depicted on Exhibit "B", attached hereto and made a part hereof ("Easement Area"), in lieu of future street purposes. NOW THEREFORE, in consideration of good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties, intending to be legally bound, do hereby agree as follows: 1. Pedestrian Easement. Subject to the terms and conditions herein stated, Grantor hereby grants and conveys to the City, its successor and assigns and its permittees and licensees, a perpetual, non-exclusive easement for pedestrian ingress and egress over, across, upon and through Easement Area. 2. Maintenance. The Grantor shall keep and maintain the Easement Area (i) in good condition and repair, free and clear of all obstructions or defects, including, but not limited to, ice and snow; and (ii) in compliance with all applicable laws, rules, regulations and ordinances; provided, however, the Parties acknowledge and agree that temporary encroachments upon the Easement Area may occur in connection with the construction, development, maintenance, repair, replacement, alteration or expansion of the Project or -2- such other improvements on the Property, all of which are permitted under this Agreement so long as all activities requiring the use of the Easement Area for such purposes are expeditiously pursued to completion and are performed in such a manner as to minimize interference with pedestrian use of the Easement Area. Notwithstanding the foregoing, Grantor may construct, install, maintain, replace, and/or repair landscaping, walkways, fences, rock and/or retaining walls, or underground utilities within the Easement Area provided such features do not prevent or impede normal pedestrian access. 3. Effective Date. Notwithstanding the date and recording of this Agreement, the Parties acknowledge and agree that the rights granted herein shall not be effective and the City, its successor and assigns and its pennittees and licensees, shall not be entitled to use the Easement Area and the rights granted herein pursuant to this Agreement until such time as the construction of the Project has been completed and a certificate of occupancy or certificate of completion has been issued with respect to the Project (the "Effective Date"). 4. Miscellaneous. 4.1 The Parties hereby acknowledge and agree that the Easement Area shall be considered a part of any required setback for any building existing or to be constructed upon the Property including, but not limited to, the Project. 4.2 The Parties hereby agree that, except to the extent otherwise set forth herein, this Agreement may be amended, modified or terminated only upon the written consent of the Parties. 4.3 This Agreement shall be binding upon and inure to the benefit of the Grantor and the City and their respective successors and assigns, including successors in title. 4.4 This Agreement and the exhibits attached hereto contain the entire agreement between the Parties with respect to the subject matter hereof Any prior correspondence, memoranda or agreements are superseded in total by this Agreement and exhibits hereto. 4.5 This Agreement shall be construed in accordance with the laws of the State of Washington. 4.6 This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which, when taken together, shall constitute one and the same document. 4.7 It is the intent of the Grantor that this agreement shall not be extinguished by the doctrine of merger. [The remainder of this page is intentionally left blank.] IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the day and year first above written. STATE OF WASHINGTON COUNTY OF KING BELLWETHER TUKWILA LLLP, a Washington limited liability limited partnership By: Bellwether Tukwila GP LLC, a Washington limited liability company, its General Partner ) ) ss. By: Bellwet nonpro By: Name: Its: Vous, g, a ashington corpor tion, i s anager e--, oyd xecutive Officer On this day, before me personally appeared Susan Boyd, to me known to be the Chief Executive Officer of Bellwether Housing, a Washington nonprofit corporation, the manager of Bellwether Tukwila GP LLC, a Washington limited liability company, the general partner of BELLWETHER TUKWILA LLLP, a Washington limited liability limited partnership, the partnership that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said entity, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument. 2020. GIVEN under my hand and official seal this Co day of 1e6). --u Print Name: Pt • EtA NOTARY PUBLIC in and for the State of Washington Residing at My commission expires • IS' 2-1 SIGNATURE PAGE [SIGNATURE PAGE TO EASEMENT AGREEMENT] STATE OF WASHINGTON COUNTY OF KING On this 207111 day o CITY OF TUKWILA By4/g Allan Ekberg 2 Ila° Mayor ATTEST: By APPROVED. SI.TO FORM: B ) ) ss. appeared L..4//‘1 ki- tha/she signed this instrument, on oa instrument, and acknowledged as the sta ed t 2020, before me personally , and said person acknowledged ha e)she was authorized to execute the of the City of Tukwila to be the free and voluntary act mentioned in this instrument. said party for the uses and purposes NOTARY PUBLIC in and for the State of Washington Residing at /44/277 /4---/ My commission expires /0 SIGNATURE PAGE EXHIBIT "A" Legal Description - Public Pedestrian Easement THE WEST 20.00 FEET OF LOT 7, BLOCK 2, THIRD ADDITION TO ADAMS HOME TRACTS, RECORDED IN VOLUME 15 OF PLATS, PAGE 17, IN KING COUNTY, WASHINGTON. 20 SCALE: 1" = 50' 0 25 50 11111111. LOT Opp1p5 TPN p541 2N Rp II LLQ NEW G S 152ND STREET N88'10'29"W 185.98 UNE BETWEEN TAX ACCOUNTS NQI A LOT UNE TPN 0013000108 1PN 0043000112 !\ o) k" toriago 20' PUBLIC PEDESTRIAN EASEMENT 1PN 0043000116 THE CONFLUENCE PUBLIC PEDESTRIAN EASEMENT EXHIBIT 'B' PAGE 3 OF 3 C RiE 12100 NE 195th St., Suite Bothell, Washington 98011 4010...../ DESIGN 425.885.7877 Fax 425.885.7963 ENGINEERING -PLANNING -SURVEYING-LA. JOB NO. 1 71 1 3 .rob •,• • ',r 41299 Sf�CI 3TE!r'�� °k4L LP x: • ` 'fse se EEEEEEEEEif,- 1-13-20