HomeMy WebLinkAbout2021 - Permanent Easement Agreement Stormwater Lift Station - Todd R. Rudge / City of Tukwila - 20210928001367Instrument Number: 20210928001367 Document:EAS Rec: $207.50 Page -1 of 5
Record Date:9/28/2021 4:03 PM
Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY AL VASSE
After Recording, Return to:
CITY OF TUKWILA
City Clerk
6200 Southcenter Blvd.
Tukwila, WA 98188
PERMANENT EASEMENT AGREEMENT
STORMWATER LIFT STATION
Grantor: Todd R. Rudge
Grantee: City of Tukwila,
a municipal corporation of the State of Washington
Legal Description: Allentown Add E 30 Ft of Lots 1-2 TGW All of Lots
43-44
Additional Legal(s) Exhibit A, attached hereto and made part of
Assessor's Tax Parcel ID#: 0179000220
THIS EASEMENT AGREEMENT, made this 28th day of September, 2021, by and
between Todd R. Rudge, ("Grantor" herein), and the CITY OF TUKWILA, a municipal
corporation of the State of Washington, ("Grantee" herein).
WITNESSETH:
Grant of Easement. The Grantor, for and in consideration of TEN DOLLARS ($10.00),
and other good and valuable consideration, receipt of which is hereby acknowledged, hereby
grant and convey to the City of Tukwila, a municipal corporation of the State of Washington, its
contractors, employees, agents, successors, franchisors and assigns, (Grantee), for the purposes
set forth herein, an exclusive perpetual easement over, under, along, in, upon and across that
portion of the following described property (the "Burdened Property") for the purpose of
installing, constructing, operating, maintaining, removing, repairing, replacing, and using the
stormwater pump station, stormwater equipment, and appurtenances thereto (the
"Improvements") on the Burdened Property, on the location specifically described in Exhibit "A"
of this Agreement, to the same extent and purpose as if the rights herein granted had been
acquired in fee simple absolute.
Burdened Property Common Description. The Burdened Property commonly known as:
Instrument Number: 20210928001367 Document:EAS Rec: S207.50 Page -2 of 5
Record Date:9/28/2021 4:03 PM King County, WA
12203 43rd Avenue South, Tukwila. Washington 98178, King County Tax Parcel
#017900-0220.
2. Burdened Property Legal Description. The Burdened Property is legally described as:
The east 30 feet of Lots 1 and 2, Block 1 and Lots 43 and 44, Block 1, Allentown Addition
to the City of Seattle, according to the plat thereof recorded in Volume 12, of Plats, Page
100, in King County, Washington.
Terms Defined. The terms "easement" and "easement area" in this Agreement refer to
the easement herein granted on Grantor's property as legally described and depicted on
the attached "Exhibit A".
4. Cost of Construction and Maintenance. Grantee shall be responsible for all costs
associated with the Improvements on the Burdened Property. Grantee is also responsible
for all equipment and structure maintenance within the easement area. Grantors shall
take no action which could damage or disrupt the City's use of the easement area or
equipment therein.
5. Grantee's Right of Access. Grantee shall have the right to access the easement area at all
times in order to maintain and operate the stormwater lift station and appurtenances.
6. Grantors' Right of Access. Grantors shall have no right to access or use Grantee's
easement area for any use or function.
7. Landscaping. Grantee shall install landscaping in accordance with the project plans for
the Allentown Stormwater Pump Station (City Project No. 07-DR03) adjacent to the
easement area. Upon written acceptance of the landscaping by the Grantors, Grantee
shall have no duty or obligation to maintain or replace said landscaping.
8. Warranty. The Grantors warrants that the Grantors have good title to the Burdened
Property with full authority to make this conveyance to Grantee and further warrants
Grantee title to and quiet enjoyment of the easement conveyed herein.
9. Release and Indemnity. Grantee does hereby release, indemnify and promise to defend
and save harmless Grantors from and against any and all liability, lost, cost, damage,
expense, actions, and claims, including costs and reasonable attorney fees incurred by
Grantors in defense thereof, asserted or arising directly or indirectly on account of or out
of (1) acts or omissions of Grantee and Grantee's servants, agents, employees, and
contractors in the exercise of the rights granted herein, or (2) acts and omissions of
Grantors in its use of Grantors' property which affect Grantee's employees, agents,
contractors, and other parties benefiting from said Improvements, provided, however this
paragraph does not purpose to indemnify Grantors against liability for damages arising
out of bodily injury to persons or damage to property caused by or resulting from the
negligence of Grantors or Grantors' agents, employees, contractors, or tenants.
2
Instrument Number: 20210928001367 Document:EAS Rec: S207.50 Page -3 of 5
Record Date:9/28/2021 4:03 PM King County, WA
10. Successors. The rights and obligations of the parties shall be binding upon their
respective successors and assigns. This easement agreement shall run with the land in
perpetuity.
11. Entire Agreement. This Agreement, together with attachments or addenda, represents the
entire and integrated Agreement between the Grantors 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 Grantors and the Grantee.
12. Attorneys' Fees. The prevailing party in any action brought to enforce or interpret this
Agreement shall be entitled to recover its reasonable attorneys' fees incurred in said
action.
13. Restriction on Additional Easements. No other easements shall be granted within the
aforementioned easement area without the written consent of Grantee, which consent will
not be unreasonably withheld.
14. Termination of Prior Easement. The Grantor and Grantee hereby terminate the prior
unrecorded easement on the Burdened Property, dated October 23, 2009. Upon recording
of this Permanent Easement Agreement, the prior unrecorded easement shall be
terminated, released, extinguished, and henceforth shall have no further force or effect.
DATED this 28th day of September 2021.
GRANTOR:
By:
Date:
Instrument Number: 20210928001367 Document:EAS Rec: S207.50 Page -4 of 5
Record Date:9/28/2021 4:03 PM King County, WA
STATE OF WASHINGTON
} SS.
COUNTY OF KING
61(g -e
I hereby certify that I know or have satisfactory evidence that, is the
person who appeared before me, and said person acknowledged that hefshe signed this
instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged
it to be his/her free and voluntary, act for the uses and purposes mentioned in this instrument.
Dated:
Signature: ,'
Notary Public in and for the State of Washington
Notary (print name): )--0-a7--1( 461/(4-1(
,
Residing at:
Exhibit A
Easement
Begin at the Northeast corner of Lot 1 Block 1 of Allentown Addition thence West 30.00 feet
along the South margin of South 122nd Street to the true point of beginning; thence South
parallel to the East line of Lot 1 Block 1 of the Allentown Addition a distance of 18.00 feet;
thence East parallel to the South margin of South 122nd Street a distance of 18.00 feet; thence
North parallel the East line of Lot 1 Block 1 of the Allentown Addition a distance of 18.00 feet.
Instrument Number: 20210928001367 Document:EAS Rec: S207.50 Page -5 of 5
Record Date:9/28/2021 4:03 PM King County, WA