HomeMy WebLinkAbout2022 - Amended and Restated Easement - Homestead Community Land Trust / City of Tukwila - 20220609000269Instrument Number: 20220609000269 Document:AMND Rec: $213.50 Page -1 of 11
Record Date:6/9/2022 11:33 AM
Electronically Recorded King County, WA
When Recorded Return to:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
AMENDED ANI) RESTATED EASEMENT
Grantor(s): Homestead Community Land Trust, a Washington nonprofit
coipLar tion
Grantee(s): City of Tukwila, a 'Washington munici2a1 corporation
Legal Description (abbreviated): WIN SEC 16 TWP 23N RGE 4E NE QTR SE
QTR, KING COUNTY
RI Complete legal on ExHiBir A
Assessor's Tax Parcel Identification No(s): 162304-9060
Reference No. of Related Documents: 20140711001101
1. Recitals
A. The Grantor is the owner of that certain real property legaily
described the attached Exhibit A ("Grantor's Property").
B. This instillment sets forth the terms and conditions under which the
Grantor will grant the Grantee an easement.
C. Grantor and Grantee are parties to the Easement that was recorded.
with, the real property records on July 11, 2014, in King County, Washington, under
Recording No. 20140711001101, in which Grantor's predecessor in interest granted
Grantee access and utilities through Grantor's Property ("Existing Easement"). This
Amended and Restated Easement is intended to amend and restate the Existing Easement
in its entirety.
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Instrument Number: 20220609000269 Document:AMND Rec: $213.50 Page -2 of 11
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2. Grant of Easement
For and in consideration of 7FEN AND NO/100 DOLLARS and other valuable
consideration, the receipt of which is hereby acknowledged, Homestead Community
Land Trust, a Washington non-profit corporation ("Grantor") grants, conveys, and
warrants to the City of Tukwila, a municipal corporation in King County, Washington
("Grantee"), for the purposes hereinafter set forth, a perpetual easement under, across,
and over a portion of Grantor's .Property as legally described in Exhibit 13 ("Easement
Area") attached hereto and incorporated herein by this reference.
3. Purpose of Easement.
The Grantor does hereby grant to the Grantee, a non-exclusive perpetual easement
under, across, and over the "Easement Area for the purpose or purposes of:
Constructing, reconstructing, installing, repairing, replacing, operating, and
maintaining a public pedestrian access easement for the use and benefit ofthe general
public to and from Grantor's Property together with .utility improvements, including but
not limited. to walkway, rockeries, and retaining walls, lighting systems, safety rails,
utility pipes, conduits, appurtenances, and other related pedestrian pathway amenities and
utility improvements, together with the right to keep said Easement Area free of
obstructions, along with the right of ingress and egress thereto to enable Grantee to
exercise its rights hereunder.
In addition, the Grantor does hereby grant for the use and benefit of the general
public, a non-exclusive public pedestrian access easement over and across the "Easement
Area.
The easement to the Grantor is granted subject to the following terms and
conditions:
A. When in the process of performing any work in the Easem.ent
Area, Grantee shall use construction procedures so that access to Grantor's property is
not blocked.
13. The Grantee shall, upon completion of any work within the
Easement Area, restore said area and any private improvements disturbed, damaged, or
destroyed, during execution of the work, as nearly as practical to the condition as existed
immediately before th.e commencement of the work or entry by the Grantee.
C. Grantor shall retain the right to use the Easement Area as long as
such use does not interfere with the easement rights granted to the Grantee. Grantor shall
not, however, have the right to:
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Erect or maintain any buildings or structures within the
Easement Area; or
ii. Plant trees, shrubs, or vegetation having root patterns that
may cause damage to or .interfere with the facilities placed.
within the Easement Area by the Grantee; or
iii. Develop, landscape, or beautify the .Easement Area in any
way that would unreasonably .increase the cost to the
Grantee of restoring the Easement Area and any private
improvements therein.
D. The Easement Area is partly located on Grantor's planned area for
landscape of interior setback of the property. The Grantor shall have the right to:
Receive credit for the planned landscaping within the
Easement Area and shall not be required to redesign to
replace the lost landscaped area elsewhere on the property;
or
ii. Retain the right to use the li',asement. Area for the
installation of underground utilities so long as such use is
pre -approved by the Grantee and does not interfere with the
Grantee's rights or disturb, darnage, or destroy Grantee's
proposed improvements related to the Cascade 'View
Elementary. Safe 1.'.ot.ite project.
The Grantor shall, upon completion of any work within the Easement Area,
restore said area and any Grantee's improvements disturbed, damaged, or destroyed
during execution of the work, as nearly as practical to the condition as existed
immediately before the commencement of .the work or entry by the Grantor.
E. The Grantor also grants to Grantee and. those acting under or from
the Grantee the use of such additional area immediately adjacent to the above easement
as shall he required for the construction or maintenance of such improvements in the
easement, such additional area to be held to a minimum necessary for that purpose.
1. In case of an emergency, the Grantee shall have the right to enter
upon the property :for the purpose of construction, repairing, and/or reconstruction of said
walkway and .related appurtenances, or making any connections therewith.
4. General Provisions.
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Instrument Number: 20220609000269 Document:AMND Rec: $213.50 Page -4 of 11
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A. Access. Grantee, and the general public, shall have the right of
access to the easement under, across, and over the Easement Area 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 of
injuries or damages sustained by any persons or property resulting from the grossly
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
damages sustained by any persons or property resulting from the grossly negligent
activities or omissions of the Grantor, Grantor's agents, or Grantor's 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 in.strument
or the relationship of the parties, including but not limited to the filing of a. lawsuit, a.
request for anarbitration, 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' lees 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 Grantor's Property, and shall run with the land. The easement, including any
public access rights, created by this instrument may be amended by Grantor and Grantee
(or their successors, heirs, assigns, or personal representatives, as applicable) through
written agreement signed by both parties.
E. Future Development. In the event the Grantor wishes to
redevelop the property described as Gra.ntor's Property, Grantor shall be permitted to
relocate the easement and/or any private improvements so long as the relocation is
pre -approved by the Grantee and the relocation gives the Grantee .the benefits and rights
that are substantially similar to the benefits and rights enjoyed under this agreement.
F. 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.
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Instrument Number: 20220609000269 Document:AMND Rec: $213.50 Page -5 of 11
Record Date:6/9/2022 11:33 AM King County, WA
G. 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.
H. 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.
1. 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.
J. 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:
Grantor: Homestead Community Land Trust
412 Maynard Avenue S., Suite 201
Seattle, WA 98104
Grantee: City Clerk,
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Signatures and acknowledgements on following page(s)
IEFil12627362.DOCX; 1/13175.000001/ / Walkway and Utilitie.s.
Easement
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Instrument Number: 20220609000269 Document:AMND Rec: $213.50 Page -6 of 11
Record Date:6/9/2022 11:33 AM King County, WA
DATED this
STATE OF WASHINGTON
COUNTY OF
ayofJc,J , 2022.
GRANTOR:
HOMESTEAD COM UNITY LAND
TRUST,
a Washington non
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Na
Its: frfc
Date: e
ss.
CSoPe,
This record was acknowledged before me on ApF,i-I _, 2022 by
__±L±el_t_a____Pvi'7)11-k'_\_L as 17,:„I r Of Homestead Co m m un ty
Land Trust, a Washington nonprofit corporation.
[Stamp Below]
.144,„
. • comic -A.7.
04-0a.,0
NOr,ir, NOTARY PUBLIC in and for the State of Washington
416,
A 'NI
• My Commission
Expires
4--2
Signature
OOP: • "
IEFA1262 7362. DOCX; I/13175.000001/ ) Walkway and Utilities
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Instrument Number: 20220609000269 Document:AMND Rec: $213.50 Page -7 of 11
Record Date:6/9/2022 11:33 AM King County, WA
Attes Authen i ted:
City C
STATE OF WASHINGTON
COUNTY OF
GRANTEE:
CITY OF TUKWILA,
a Washington municipal corporation
By
Name: Allan Fkberg
Its: Mayor
Date: 6/9/2022
Approved as to Form:
6'14' ct.'4/
City Attorney
Ss.
This record was acknowledged before me on , 2022 by
176' as cr- ofCityofTukwila,a
Washington municipal corporation.
[Stamp Below]
6 .k T,
.1
/,
S'ig nature
NOTARY PUBLIC in and for the State of Washington
My Commission
Expires
2-d-24
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Instrument Number: 20220609000269 Document:AMND Rec: $213.50 Page -8 of 11
Record Date:6/9/2022 11:33 AM King County, WA
EXHIBIT A
GRANTOR LEGAL DESCRIPTION
THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 16, 'TOWNSHIP 23 NORTH, RANGE 4 .11,AST, W.M.,IN
KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: 'THE. EAST 216
FEET IN WIDTH OF THE FOLLOWING; BEGINNING AT THE SOUTHEAST
CORNER OF SAID NORTHEAST QUARTER OF THE. SOUTHEAsT QUARTER;
THENCE NORTHERLY ALONG THE EASTERLY LINE 'THEREOF, 6951111 TO
-THE -TRUE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED;
THENCE wEsTERLY, ALONG A LINE PARALLEL 10 -.CHF, NORTHERLY LINE
OF SAID SUBDIVISION, 620 FUT, MORE OR 11 SS, THE EASTERLY LINE
OF "THE ORIGINAL OLD MILITARY ROAD; THENCE SOUTHEAS'TERLY ALONG
SAID ORIGINAL LINE, TO ITS INTERSECTION WITH THE 'EASTERLY LINE OF
THE :NEW LOCATION OF MILITARY ROAD AS NOW .LAID OUT AND
ESTABLISHED; "THENCE SOUTHEASTERLY ALONG SAID EA.STERLY LINE OF
NI W LOCATION OF MILITARY ROAD, 1.0 ITS INTERSECTION WITH A LINE
300 FEET SOUTH OF AND PARALLEL TO THE FIRST COURSE OF THIs
DESCRIPTION; 'THENCE EAS'ITERLY ALONG SAID PARALLEIA,INE, 510 FEET,
MORE; OR LESS, TO THE EA.STER.LY LINE OF SAID NORTHEAST QUARTER OF
"THE SOUTHEAST QUAWTER; THENCE NoRTHERLY ALONG SAID EASTERLY
LINE, 300 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING;
EXCEPT "THAT :PORTION, IT,' ANY, LYING NOR 1111 OF THE .FOLLOWING
DESCRIBED LINE: BEGINNING AT A POINT ON THE EASTI LINE OF SAID
SECTION 16, SOUTH. 01"40'11" WEST 673.42 FEET FROM THE EAST QUARTER
CORNER THEREOF; THENCE NORTH 89'52'59" WEST 619.26 FEET, MORE OR
LESS, TO THE, EASTERLY LINE OF MILITARY ROAD AND THE TERMINUS OF
SAID DESCRIBED LINE; TOGETFIER WITH THAT POR TION OF T.HE
NORTHEAS'T QUARTER OF THE SOUTITEAS'TQUAR-TER OF SECTION 16,
TOWNSHIP 23 NOWTH, RANGE 4 EAS'f, W.M., IN KING COUN'TY,
WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE
FAST LINE OF SAID SECTION 16, DISTANT SOUTH 01°40'11" WEST, 663.42.
FEET FROM THE E.AST QUARTER CORNER THEREOF; THENCE CONTINUING
SOUTH 01°40'11" WEST 101111, 'THENCE NORTH 89°52'59" WEST 619.26
FEET, MORE OR LESS, TO THE', NORTHEAS"TERLY MARGIN OF MILITARY
ROAD AS ESTABLISHED ON JULY 3, 1962; THENCE NORTHWESTERLY
ALONG SAID MARGIN TO A POINT WI I1( BEARS NORTH 89° 52'59" WEST
FROM THE POINT OF BEGINNING; THENCE, SO UTH: 89°52'59" EAST TO THE
POINT 01 BEGINNING; EXC.EPT 'THA -T PORTION DESCRIBED AS FOLLOWS:
COMMENCING Al 'THE EAS'T QUAR 11 R CORNER 01 SAID SECTION 16;
(1E171t12.627362.1)01W. 1/13175.000001/ Walkway and Utilities
Easement Exhibit A
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THENCE SOUTH 01°40'11" WEST ALONG THE EAST LINE OF SAID
SUBDIVISION 673.42 FEE,T; THENCE NORTH 89"52'59" WEST 216.08 FEET TO A
POINT 216 FEET FROM SAID EAST LINE, AS MEASURED AT RIGHT ANGLES;
THENCE CONTINUING NORTH 89"52'59" WEST 3.00 .FEET To THE TRUE
POINT OF BEGINNING; THENCE CONTINUING NORTH 89°52'59" WEST 395.57
'FEET, .MORE OR LESS, To THE EASTERLY LINE OF MILITARY ROAD;
THENCE NORTH 19°45'42" WEST ALONG SAID E,A.STERLY LINE OF MILITARY
ROAD 12.73 FEET; THENCE SOUTH 89"4201" EAST 400.19 FEET; THENCE
SOU'Eli 01°40'11" WEST 10.70 F.EET TO THE TRUE POINTE OF BEGINNING.
SITUATE:, IN THE cTry- OF TUKWILA, COUNTY OF KING, sTATE OF
WASHINGTON'
fEFM2627362.00CX;1/13175.000001/
Easement
ND: 4817-2657-6358v2
Walkway and Utilities
Exhibit A
Instrument Number: 20220609000269 Document:AMND Rec: $213.50 Page -10 of 11
Record Date:6/9/2022 11:33 AM King County, WA
EXHIBIT B
AMENDED AND RESTATED EASEMENT AREA
THAT PORTION OF THE EAST 216.00 FEET OF THE NORTH 300.00 FEET OF
7FHE SOUTH: 695.00 FEET OF THE NORTHEAST QUARTER. OF THE SOUTHEAST
QUARTER OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 04 EAST,
WILLAMETTE MERIDIAN, KING COUNTY, WASHING -FON, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEAST
CORNER OF 'MI', ABOVE DESCRIBED SUBDIVISION; THENCE 'NORTH
89°45'14" WES'F, 13.05 FEET ALONG THE ABOVE DESCRIBED SUBDIVISION;
'FFIENCE NORTH, 205.58 FEET; THENCE NORTH 15°42'13" WEST, 62.41 FEET
TO 'FfIE SOUTH LINE OF REVISED PARCH, A OF CITY OF TUKWILA
BOUNDARY LINE AD:IUS'EMENT NUMBER L17-0062, RECORDED UNDER
RECORDING NUMBER 20180306900007, RECORDS OF KING COUNTY,
WASHINGTON.;
THENCE SOUTH 89'53'18" EAST, 37.57 FEET ALONG SAID SOUTH LINE TO
11 IL EAST LINE OF SAID SUBDIVISION; THENCE SOU 111 01'39'52" WEST,
262.76 FEFF Al ON:G SAID F',AST LINE TO ":11JE POIN'F OF BEGINNING.
rEFA42627362.DOCX; //.13.175.000001/ Walkway and Utilities
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ND: 4817-2657-6358v2
Exhibit 13
Instrument Number: 20220609000269 Document:AMND Rec: $213.50 Page -11 of 11
Record Date:6/9/2022 11:33 AM King County, WA
EXHIBIT C
EXHIBIT 'C'
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162304-9060 ,
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WALXWA
4.935
GRAPHW SCALE
PATE
SIGNED 4/21/2021
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SCA -E
HOR(ZOAtITAI 1%250' WAWA. N/A
LANKTREE
LAND SURVEYING, INC.
5H) ?4TH NAZI:4LE SOUTH
' WENT, WA 9803.2
PHONE (253) I3—e423
FAX. (253) 793-1818
p�4.1
For:
RIVERTON
PARK
JQ8 NumeER
3340
.534.0LOOLOCK
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REVISED WALKWAY APL
UTILITY EASEMENT
SHEET
NED XXX 1
PIECK0 !APPROVED T 1
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ND: 4817-26,57-6358v2
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