HomeMy WebLinkAbout2024 - Deed of Permanent Storm Drainage Easement - King County - 20240419000460Instrument Number: 20240419000460 Document:EAS Rec: $311.50 Page-1 of 9
Record Date:4/19/2024 11:48 AM
Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY HOLLY FERGUSON, DEPUTY
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King County
Water and Land Resources Division
Open Space Acquisitions
201 South Jackson Street, Suite 5600
Seattle, WA 98104
DEED OF PERMANENT STORM DRAINAGE EASEMENT
Grantor: King County, a home rule charter county and political subdivision of the
State of Washington
Grantee: City of Tukwila, a municipal corporation
Legal Description (abbreviated): That portion of Government Lot 2, Section 9, Township 23
North, Range 4 East
Additional legal descriptions: see Exhibits A and B
Assessor's Tax Parcel ID #: 092304-9153 and 092304-9292
This DEED OF PERMANENT STORM DRAINAGE EASEMENT ("Easement") is granted as of
the 19th day of Apri 1 2024, by King County, a home rule charter county and political
subdivision of the State of Washington ("Grantor"), in favor of City of Tukwila, a municipal
corporation ("Grantee"). Grantor and Grantee may be collectively referred to herein as "the
Parties" and individually as a "Party." WHEREAS, Grantor and Grantee make the following
recitals:
RECITALS
A. Grantor owns that certain property visually depicted in Exhibit A and legally described
in Exhibit B, each of which is attached hereto and incorporated herein by this reference (the
"Grantor Property"). The Grantor Property is subject to that certain Restrictive Covenant
("Covenant") recorded under King County recording no. 20210421000807, which Covenant
benefits the US Army Corps of Engineers.
B. Grantor has completed the Chinook Wind Stormwater Piping Project, during which
Grantor constructed an underground storm drainage pipe on the Grantor Property on behalf of
Grantee ("Storm Drainage Pipe"), depicted on Exhibit A. Said Storm Drainage Pipe connects to
Grantee property, parcel 092304-9152. Additionally, the Storm Drainage Pipe lies below that
certain trail easement granted by Grantor in favor of Grantee, recorded under King County
Recording no. 20210511002281 and amended under King County Recording no.
20240321000584
C. Grantor agreed to design the Chinook Wind Stormwater Piping Project and construct
the Storm Drainage Pipe on behalf of Grantee to accelerate the completion. Grantee will own the
Storm Drainage Pipe.
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Instrument Number: 20240419000460 Document:EAS Rec: $311.50 Page-2 of 9
Record Date:4/19/2024 11:48 AM King County, WA
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D. Grantor has agreed to grant a permanent easement for said Storm Drainage Pipeunder
Grantor Property in the area visually depicted in Exhibit A (the "Easement Area") and legally
described in Exhibit C, in accordance with the terms and conditions set forth herein.
E. Grantor has recorded a first amendment to the Covenant ("First Amendment to the
Covenant') to allow for the placement of the Storm Drainage Pipe, recorded under King County
Recording no. 20240209000262. Any future conveyance, transfer, or establishment shall
expressly refer to said Covenant and First Amendment to the Covenant.
EASEMENT
In consideration of the mutual covenants and promises contained herein, and other good
and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties
agree as follows:
1. Storm DrainageEasement. Grantor hereby grants to Grantee a perpetual, nonexclusive
easement for the operating, maintaining, expanding, removing, repairing, inspecting, testing,
replacing and/or otherwise using the Storm Drainage Pipefor the conveyance, collection, retention,
and/or or treatment of stormwater and drainage, together with all connections and appurtenances
thereto, as well as reasonable rights of ingress and egress to and within the Easement Area legally
described and visually depicted in Exhibit C and Exhibit A, respcctively (the "Easement").
2. Storm Drainage Pipe. Grantee hereby agrees to be solely responsible for ownership and
maintenance of the constructed Storm Drainage Pipe and any related stormwater infrastructure.
3. UsesReservation. It is mutually agreed and understood that this Easement has been granted
and accepted solely for the purposes set forth above, and Grantor reserves all rights that are not
inconsistent with the intent of the Easement. All right, title, and interest that may be used and enjoyed
without interfering with the rights granted herein are reserved to Grantor. Except as otherwise set
forth herein, Grantee agrees that if any maintance of the Storm Drainage Pipedisturbs the surface of
the Grantor Property, then Grantee will restore the surface to the condition it existed prior to such
disturbance.
4. Maintenance Obligations and Costs. Grantee agrees to maintain the Easement Area and
Storm Drainage Pipe, at Grantee's sole cost and expense except for damage to the Easement Area or
Storm Drainage Pipeproximately caused or suffered by Grantor. Grantor shall bear and properly pay
all costs and expenses of maintenance and repair of the Easement Area or Storm Drainage Pipefor
damage proximately caused or suffered by Grantor.
5. Indemnify. To the extent permitted by law, each Party shall protect, defend, indemnify,
and save harmless the other Party, its officials, employees, and agents, from any and all costs,
expenses, claims, actions, suits, liability, loss, judgments, attorneys' fees, and/or awards of
damages (collectively, "Claims") arising out of or in any way resulting from the indemnifying
Party's, officials', contractors', employees', or agents' negligent acts, errors, or omissions related
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Instrument Number: 20240419000460 Document:EAS Rec: $311.50 Page-3 of 9
Record Date:4/19/2024 11:48 AM King County, WA
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to the exercise of rights pursuant to this Easement. If such Claims are caused by, or result from,
the concurrent negligence of the Parties, or their invitees, officials, contractors, employees, or
agents, this Section 5 shall be valid and enforceable only to the extent of the negligence of each
Party, its officials, contractors, employees, or agents. The foregoing indemnity is specifically and
expressly intended to constitute a waiver of indemnifying Party's immunity under Washington's
Industrial Insurance Act, RCW Title 51, as respects the indemnified Party only, and only to the
extent necessary to provide the indemnified Party with a full and complete indemnity of claims
made by the indemnitor's employees. The Parties acknowledge that these provisions were
specifically negotiated and agreed by them. The foregoing indemnification provisions shall
survive any termination of the Easement.
6. Miscellaneous
(a) Captions. The captions and paragraph headings contained in this Easement are for
convenience of reference only and in no way define, describe, extend, or define the scope or intent
of this Easement, nor the intent of any of the provisions hereof.
(b) GoverningLaw. This Easement shall be governed by and construed and enforced
in accordance with the laws of the State of Washington, without giving effect to its conflicts of
law rules or choice of law provisions. The Parties agree that venue of any legal action brought to
enforce this Agreement shall be the Superior Court of King County, Washington.
(c) Recitals Incorporated; Definitions. Each recital and definition set forth above is
incorporated into this Easement as though fully set forth herein.
(d) Attorney's Fees and Costs. If either Party shall bring an action to enforce the terms
of this Easement, the prevailing Party shall be entitled to an award of its reasonable attorneys' fees
and reasonable costs. Said costs and attorneys' fees shall include, without limitation, costs and
attorneysfees incurred in any appeal or in any proceedings under any present or future federal
bankruptcy, forfeiture or state receivership, or similar law. The hourly rates for any award of
attorneys' fees will be calculated based on the rate that would be charged for the services provided
by an attorney who is in private practice, of the same expertise and experience as the prevailing
Party's attorney(s).
(e) Severability. All provisions of this Agreement are severable and the invalidity or
unenforceability of any provision shall not affect or impair the validity or enforceability of the
remaining provisions.
(f) Binding Effect- Successors and Assigns. The rights and obligations of the Parties
shall be deemed to run with the land. Other than assignments to a future successor or assign in
Grantee's ownership of the Easement, Grantee may not assign the Easement or any rights acquired
thereunder without the prior written consent of the Grantor, which shall not be unreasonably
withheld. This restriction on assignment shall not apply in the event of a merger, consolidation,
assumption, or other transfer that occurs through the operation of law.
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Instrument Number: 20240419000460 Document:EAS Rec: $311.50 Page-4 of 9
Record Date:4/19/2024 11:48 AM King County, WA
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BY:
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(g) Entire A reement. This Agreement contains all covenants and agreements between
Grantor and Grantee relating in any manner to the grant of the Easement contained herein. No
prior agreements or understandings pertaining to the same shall be valid or of any force or effect
and the covenants and agreements of this Easement shall not be altered, modified, or added to
except in writing signed by Grantor and Grantee or their successors in interest, and recorded in the
real property records of King County, Washington.
(h) Counterparts. This Agreement may be executed in multiple counterparts, all of
which taken together shall constitute one and the same instrument.
WITNESSETH that, the Parties have hereunto set their hand and seals.
ustod
By:
Name: osh la
Title: Director, Water & Land Resources Division
GRANTEE: City of Tukwila
oocuslgnea by:
Valk asM.r,(Aaomas_...McLeod._.__._......_w.w,,._W ........
Name: _ _ ___
Title: _ Mayor, Ci tyof Tukwila
Date: 4/19/2024
Approved as t lbrni:
}�o��oc�u"s�"i¢nea by: r
Title: C1ty Attorney
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Instrument Number: 20240419000460 Document:EAS Rec: $311.50 Page-5 of 9
Record Date:4/19/2024 11:48 AM King County, WA
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STATE OF WASHINGTON)
)SS
COUNTY OF KING
I certify that I know or have satisfactory evidence that
is the
person who appeared before me, and said person acknowledged that he signed this instrument, on
oath stated that he is authorized to execute the instrument and acknowledged it as the
F ir of the of King County, a home rule charter county and political
subdivision of the State of Washington, to be the free and voluntary act of such party for the uses
and purposes mentioned in the instrument.
Dated: ,.3_1141 Z.9
teve Z 3
Notary Public
State of Washington
My Appc)Intrnent Expires 5/30/2027
Chinook Wind Stormwater Easement
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Printed Name
Notary Public in and for the State of
WashingtA, resi ing at
(An
City Sta
My appointment expires
Instrument Number: 20240419000460 Document:EAS Rec: $311.50 Page-6 of 9
Record Date:4/19/2024 11:48 AM King County, WA
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STATE OF WASHINGTON )
) SS.
COUNTY OF KING )
Thomas McLeod
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and said person acknowledged that he signed this instrument, on
oath stated that he is authorized to execute the instrument and acknowledged it as the
Mayor of the City of Tukwila to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
Dated: 4/19/2024
JULIE SANDERS
NOTARY PUBLIC
STATE OF WASHINGTON
Commission #192651
My Comm. Expires 5/31/2025
--''DIIocuSigned by: �IMAL SOLIA,A� �/�( a
1 r6321.Ea924fl(1—, ,,..
Julie Sanders
Printed Name
Notary Public in and for the State of
Washington, residing at
Tacoma Washington
City State
My appointment expires 05/31/2025
This notarial act involved the use of communication technology
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Instrument Number: 20240419000460 Document:EAS Rec: $311.50 Page-7 of 9
Record Date:4/19/2024 11:48 AM King County, WA
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EXHIBIT A
PROPERTY MAP WITH EASEMENT AREA
DEPICTION
PIN:092304-9152
f r
r i
Duwamish River
LEGEND
d Grantor Property f Easement Area
Grantee Property —•— Anticipated Stormwater Pipe
0 100 200
King County
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Instrument Number: 20240419000460 Document:EAS Rec: $311.50 Page-8 of 9
Record Date:4/19/2024 11:48 AM King County, WA
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EXHIBIT B
PROPERTY LEGAL DESCRIPTION
Paroal A:
That on of Government Lot 2, 9, Township 23 North, 4 East, W. M., In King County, lAkishingten, Iyng
Easterly of tho East line of Primary Stth Highway No. 1, as Conveyed to the Slate of Washington by deed recorded under
Recording No. , *048, arid South of a line 435 f t lh of the North line of said Government Lot 2,
Ex ing therefrom the North 100 feel Of the East 100 feet;
And ex iouting therefrom that portion of Government Lot 2, Section 9, Township 23 North, RangeRang� 4 Est, W M, in King
County, Washington, described as follows:
Beginning at a point on the EI line of said Government Lot 2, lying 535 feet South of the Northeast corner thereof;
Thence North $9*20°57" West parallel with the North line of said Government Lot 2, 100 feet;
Thence South 0145'18' West parallel with said East line 192,00 feet;
Thence North 89'20'57" West 80.00 feet;
Thence South 314222" West 80,10 feet
Thence South 01'45'18" West to the Southerly line of said Government Lot 2;
Thence Easterly along said Southerly line to the East line of said Government Lot 2;
Thence North 01'45'18" East along said East line to the point of hoginnIng.
Parcel 8:
That portion of Government Lot 2, Section 9, Township 23 North, Range 4 East, W. 1v1„, In King County, Washington,
described as foliows:
Beginning at a point an the East line of said Government Lot 2, distant 435 feet South of the North t cornert of;
Them* West 100 feet;
Thence South 100 feet;
Thence East 100 feet to said East line;
Thence North along sold East fine to the point of ; nning,
And together with that portion c1osc u follows;
Beginning at a point on the East line of said Government Lot 2, lying 53.5 feet th of tw Northeast corner thereof;
Thence North 892057West parallel with the North line of said Government Lot 2 100 eet;
Thence South 01°4518" West p Mel with said East line 192.00 feel;
Thence North 89°2057" West 80.00 feet;
Thence South 31.42.22" West 80,10 feet;
Thence South 01'4518" West to the Southerly line of said Government Lot 2;
Thence Easterly along said Southerly line to the East line of said Government Lot 2;
Thence North 014518" East along said East line to the point of beginning,
All Situate in the County of King, State of Washington,
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Instrument Number: 20240419000460 Document:EAS Rec: $311.50 Page-9 of 9
Record Date:4/19/2024 11:48 AM King County, WA
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EXHIBIT C:
EASEMENT AREA LEGAL DESCRIPTION
Parcel A:
The North 20 feet of the following described property:
That portion of Government Lot 2, Section 9, Township 23 North, Range 4 East, W.M. in King
County, Washington, lying Easterly of the East line of Primary State Highway No. 1, as
conveyed to the State of Washington by deed recorded under Recording No. 3909046, and South
of a line 435 feet South of the North line of said Government Lot 2
Parcel B:
The Westerly 20 feet being parallel to the Westerly line as measured 102.06 feet along said
westerly line and southerly from the South line of Parcel A above of the following described
property:
That portion of Government Lot 2, Section 9, Township 23 North, Range 4 East, W.M. in King
County, Washington, lying Easterly of the East line of Primary State Highway No. 1, as
conveyed to the State of Washington by deed recorded under Recording No. 3909046, and South
of a line 435 feet South of the North line of said Government Lot 2.
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