HomeMy WebLinkAbout2012 - Sidewalk Easement - Dinh Thong USA LLC - 20120314001148Return to:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
1. Recitals.
2. Grant of Easement.
CONFORMED COPY
20120314001148
BASELINE ENGIN EAS 73.00
PAGE -001 OF 012
03/14/2012 13:15
Above this line reserved for Recorder's use
SIDEWALK EASEMENT
Grantor: DINH THONG USA, LLC, a Washington State limited liability company
Grantee: CITY OF TUKWILA, a municipal corporation of King County,
Washington.
Document Reference Number(s):
Section/Township /Range: SE1 /4 of the SW1 /4, Sec. 10, T.23N., R.4E., WM
Assessor's Tax Parcel Number(s): 734060 -0662
Abbreviated Legal Description: N/A
A. The Grantor is the owner of that certain real property legally
described on Exhibit 'A' attached hereto and incorporated herein by this
reference.
B. This instrument sets forth the terms and conditions under which the
Grantor will grant the Grantee an easement.
A. For and in consideration of TEN DOLLARS ($10.00), and other good and
valuable consideration, the receipt of which is hereby acknowledged, DINH
THONG USA, 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 Owner's /Grantor's Parcel, 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.
Page 1 of 12
3. Purpose of Easement.
The Grantee shall be entitled to use the easement under, across, and over
Owner's /Grantor's Parcel in perpetuity for the purpose or purposes of:
Construction, maintenance, and use by the Public of Public Sidewalk
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
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, heirs, 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 Owner's /Grantor's Parcel, and shall run
with the land.
Page 2 of 12
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.
1. 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:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Page 3 of 12
Dinh Thong USA, LLC
815 120 Street
Burien, WA 98168
STATE OF WASHINGTON
)ss.
COUNTY OF KING
o3
Of-Line r
Prope Grantor Date
I certify I have know or have satisfactory evidence that
141 n 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
DINH THONG USA, 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 Inarck
N ary Public in and for the State of Washington
residing at
My appointment expires 2 -?9 y
Page 4 of 12
DATED this 13 day of G 2012.
GRANTEE: CITY OF T KWILA
Mayor
Att
City Clerk
uthenticated:
c 40 1- cetkij
STATE OF WASHINGTON
ss.
County of King
On this I3 day of a— 2012, before me, the
undersigned, a Notary 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.
WITNESS my hand and official seal hereto affixed the day and year above written.
1-1e1 r mac.. �►'t
Page 5 of 12
Approved As To Form by
City Attorney
Notary Public in and for the State of
Washington, residing at 1 uAtAfl
My appointment expires /g //a
PARCEL B:
°EXHIBIT `A'
LEGAL DESCRIPTION OF
OWNER'S GRANTOR'S PROPERTY
THE NORTH 132.50 FEET OF TRACT 45, RIVERSIDE INTERURBAN TRACTS,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS,
PAGE(S) 74, RECORDS OF KING COUNTY, WASHINGTON;
EXCEPT THAT PORTION THEREOF, CONDEMNED FOR STATE HIGHWAY
UNDER KING COUNTY SUPERIOR COURT CAUSE NUMBER 647372
EXCEPT THE SOUTH 75.50 FEET OF THE WEST 118.00 FEET THEREOF.
(BEING REVISED PARCEL B, BOUNDARY LINE ADJUSTMENT NUMBER
L06 -074, RECORDED UNDER KING COUNTY RECORDING NO.
20090219900004)
Page 6of12
Tukwila Short Plat L09 -059
Sidewalk Easement 'A'
BEI# 08 -053.1
03.06.12
EXHIBIT 'B'
LEGAL DESCRIPTION OF
SIDEWALK EASEMENT
SIDEWALK EASEMENT 'A'
THAT PORTION OF THE NORTH 132.50 FEET OF TRACT 45, RIVERSIDE
INTERURBAN TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 10 OF PLATS, PAGE 74, RECORDS OF KING COUNTY, WASHINGTON
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTH 132.50 FEET OF
SAID TRACT 45;
THENCE SOUTH 89° 17' 39" EAST ALONG THE SOUTH LINE OF SAID NORTH
132.50 FEET OF TRACT 45, A DISTANCE OF 380.00 FEET TO THE TRUE POINT OF
BEGINNING; SAID POINT BEING ON THE WESTERLY MARGIN LINE OF 41
AVENUE SOUTH;
THENCE NORTH 00° 42' 21" EAST ALONG SAID WESTERLY MARGIN LINE, A
DISTANCE OF 9.15 FEET;
THENCE NORTH 34° 03' 11" WEST CONTINUING ALONG SAID WESTERLY
MARGIN LINE, A DISTANCE OF 15.32 FEET;
THENCE SOUTH 00° 42' 21" WEST A DISTANCE OF 21.73 FEET TO THE SOUTH
LINE OF THE NORTH 132.50 FEET OF SAID TRACT 45;
THENCE SOUTH 89° 17' 39" EAST ALONG SAID SOUTH LINE, A DISTANCE OF
8.73 FEET TO THE TRUE POINT OF BEGINNING.
ALL SITUATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 04 EAST, W.M., KING COUNTY,
WASHINGTON.
TOGETHER WITH AND SUBJECT TO EASEMENT, COVENANTS AND
RESTRICTIONS OF RECORD, IF ANY.
Page7ofl2
THAT PORTION OF THE NORTH 132.50 FEET OF TRACT 45, RIVERSIDE
INTERURBAN TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 10 OF PLATS, PAGE 74, RECORDS OF KING COUNTY, WASHINGTON.
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT 45;
THENCE SOUTH 89° 17' 39" EAST ALONG THE NORTH LINE OF SAID TRACT 45, A
DISTANCE OF 283.06 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 65° 32' 58" EAST, A DISTANCE OF 17.83 FEET TO THE
WESTERLY MARGIN LINE OF 41 AVENUE SOUTH;
THENCE NORTH 34° 03' 11" WEST, ALONG SAID WESTERLY MARGIN LINE, A
DISTANCE OF 8.75 FEET TO THE NORTH LINE OF SAID TRACT 45;
THENCE NORTH 89° 17' 39° WEST ALONG SAID NORTH LINE, A DISTANCE OF
11.34 FEET TO THE TRUE POINT OF BEGINNING.
ALL SITUATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 04 EAST, W.M., KING COUNTY,
WASHINGTON.
TOGETHER WITH AND SUBJECT TO EASEMENT, COVENANTS AND
RESTRICTIONS OF RECORD, IF ANY.
Tukwila Short Plat L09 -059
Sidewalk Easement 'B'
BEI# 08 -053.1
03.06.12
EXHIBIT 'B' CONTINUED
LEGAL DESCRIPTION OF
SIDEWALK EASEMENT
SIDEWALK EASEMENT 'B'
Page 8 of 12
EXHIBIT 'B' CONTINUED
LEGAL DESCRIPTION OF
SIDEWALK EASEMENT
SIDEWALK EASEMENT 'C'
THAT PORTION OF TRACT 45, RIVERSIDE INTERURBAN TRACTS, ACCORDING
TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE 74,
RECORDS OF KING COUNTY, WASHINGTON DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT 45;
THENCE SOUTH 89° 17' 39" EAST ALONG THE NORTH LINE OF SAID TRACT 45, A
DISTANCE OF 270.60 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 56° 44' 03" EAST, A DISTANCE OF 4.08 FEET;
THENCE SOUTH 89° 17' 39" EAST, A DISTANCE OF 5.61 FEET;
THENCE NORTH 53° 07' 14" EAST A DISTANCE OF 3.60 FEET TO THE NORTH
LINE OF SAID TRACT 45;
THENCE NORTH 89° 17' 39" WEST ALONG THE NORTH LINE OF SAID TRACT 45,
A DISTANCE OF 11.90 FEET TO THE TRUE POINT OF BEGINNING;
ALL SITUATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 04 EAST, W.M., KING COUNTY,
WASHINGTON.
TOGETHER WITH AND SUBJECT TO EASEMENT, COVENANTS AND
RESTRICTIONS OF RECORD, IF ANY.
Tukwila Short Plat L09 -059
UTILITY POLE Easement 'A'
BEI# 08 -053.1
03.6.12
Page 9 of 12
EXHIBIT `B' CONTINUED
LEGAL DESCRIPTION OF
SIDEWALK EASEMENT
SIDEWALK EASEMENT `D'
THAT PORTION OF TRACT 45, RIVERSIDE INTERURBAN TRACTS, ACCORDING
TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE 74,
RECORDS OF KING COUNTY, WASHINGTON DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT 45;
THENCE SOUTH 89° 17' 39" EAST ALONG THE NORTH LINE OF SAID TRACT 45, A
DISTANCE OF 132.78 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 53° 30' 42" EAST, A DISTANCE OF 6.16 FEET;
THENCE SOUTH 89° 17' 39° EAST, A DISTANCE OF 5.62 FEET;
THENCE NORTH 54° 55' 24" EAST, A DISTANCE OF 6.16 FEET TO THE NORTH
LINE OF SAID TRACT 45;
THENCE NORTH 89° 17' 39" WEST ALONG THE NORTH LINE OF SAID TRACT 45,
A DISTANCE OF 15.61 FEET TO THE TRUE POINT OF BEGINNING;
ALL SITUATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 04 EAST, W.M., KING COUNTY,
WASHINGTON.
TOGETHER WITH AND SUBJECT TO EASEMENT, COVENANTS AND
RESTRICTIONS OF RECORD, IF ANY.
Tukwila Short Plat L09 -059
UTILITY POLE Easement 'B'
BEI# 08 -053.1
03.6.12
Page 10of12
EXHIBIT'C'
DEPICTION OF SIDEWALK EASEMENT
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EXHIBIT 'C' CONTINUED
DEPICTION OF SIDEWALK EASEMENT
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