HomeMy WebLinkAbout2017 - Public Sidewalk and Utility Easement - PT Holding LLC / City of Tukwila - 20170111000743Return to:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
20170111000743
PT HOLDING LLC EAS 80.00
PAGE-001 OF 008
01/11/2017 12:37
KING COUNTY, WA
EXCISE TAX NOT REQUIRED
By
Re•.rds Division
uty
Above this line reserved for Recorder's use
PUBLIC SIDEWALK AND UTILITY EASEMENT
Grantor: PT HOLDING, 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: Portion of the NW1/4 of the NE1/4, Sec. 22, T.23N.,
R.4E., WM
Assessor's Tax Parcel Number: 004000-0395
Full Legal Description: LOT 9, BLOCK 3, ADAMS HOME TRACTS, ACCORDING
TO THE PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING
COUNTY, STATE OF WASHINGTON.
1. Recitals.
A. The Grantor is the owner of that certain real property legally
described above.
B. This instrument sets forth the terms and conditions under which the
Grantor will grant the Grantee an easement.
Page 1 of 8
2. Grant of Easement.
A. For and in consideration of TEN DOLLARS ($10.00), and other valuable
consideration, the receipt of which is hereby acknowledged, PT HOLDING, LLC
("Grantor") grants, conveys, and warrants to the CITY OF TUKWILA, ("Grantee")
for the purposes hereinafter set forth, a non-exclusive perpetual easement under,
across, and over the easement area, a legal description of said Easement Area
being attached hereto as Exhibit 'A' and as depicted in Exhibit 'B', which are
attached and incorporated herein by this reference.
3. Purpose of Easement.
The Grantee shall be entitled to use the easement under, across, and over
the Easement Area in perpetuity for the purpose or purposes of:
Use by the Public of Public Sidewalk; and construction, maintenance, and
use of Public Utilities, within the Easement Area.
4. General Provisions.
A. Access. Grantee shall have the right of access to the easement
under, across, and over the Easement Area to enable Grantee to exercise its rights
hereunder. Grantee shall not materially interfere with the use and enjoyment of the
Property, or any business operations thereon, by Grantor or its officers, agents,
employees, tenants, or invitees.
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, employees, tenants,
and invitees 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.
Page 2 of 8
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 on Page 1 of this Easement, and shall run with
the land.
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.
Page 3 of 8
I. Grantee shall pay, as its sole obligation, all costs and expenses to
install, maintain and keep in repair the utilities Grantee locates under, across, over
or on the Easement Area.
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:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
PT HOLDING, LLC
1700 21st Ave. South
Suite #100
Seattle, WA 98144
1 C e j}
Property Owner / Grantor
Page 4 of 8
STATE OF WASHINGTON )
)ss.
COUNTY OF KING )
I certify I have know or have satisfactory evidence that rA
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
PT HOLDING, 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 21 22 l I y
Notary Public in and for the State of Washington
residing at
My appointment expires j 0 n-9,4019
Page 5 of 8
DATED this t day of Sk rku `- , 26.
GRANT- f,GITY ? TIC WILA
ayor
Attest/Authenticated:
City Clerk
Rt 0—i,
Approved As To Form by
City Attorney
STATE OF WASHINGTON )
ss.
County of King )
L 1-1 2-- I -1
On this day of"a-Arl t/ , 6, before me, the
undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared Allan Ekberg, 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.
-print name t
(N.
Notary Public in and for th
residing at t r_ < t
My appointment expires
Page 6 of 8
. i a t
State of Washington
°EXHIBIT 'A'
LEGAL DESCRIPTION OF
PUBLIC SIDEWALK AND UTILITY EASEMENT
The Northern most 10 feet of the following described Owner's / Grantor's property
legal description.
LOT 9, BLOCK 3, ADAMS HOME TRACTS, ACCORDING TO THE PLAT
RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING COUNTY, STATE
OF WASHINGTON.
Page 7 of 8
EXHIBIT 'B'
DEPICTION OF 10' PUBLIC SIDEWALK & PUBLIC UTILITY EASEMENT
S. 144TH STREET
+'49't
128 '4'
LOT1
(9,519 SQ. FT)
10' UTILITY
EASEMENT
N ''51.49"w 104:91'
LOT 2
(10,043 SQ. FT)
Ilf
NS 'S1'49341 128.91'
z I
L
LOT 3
(7,475 SQ. FT)
10' PUBLIC SIDEWALK
& PUBLIC UTILITY EASEMENT
L
10' UTILITY
EASEMENT
364-
NTS
INGRESS, EGRESS &
UTILITY EASEMENT
74
h
Page 8 of 8