HomeMy WebLinkAbout2024 - First Amendment to Trail Easement - King County - 20240321000584Instrument Number: 20240321000584 Document:AMND Rec: $310.50 Page-1 of 8
Record Date:3/21/2024 3:25 PM
Electronically Recorded King County, WA
DocuSign Envelope ID: AE27492E-85B2-4251-89C5-C6471CDC16D0
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
The City of Tukwila
City Clerk
6200 Southcenter Blvd
Tukwila, Washington 98188
Document Title: First Amendment to Trail Easement
Grantor: King County, a home rule charter county and political subdivision of the State
of Washington
Grantee: The City of Tukwila, a municipal corporation of the State of Washington
Legal Description: See Attachment A - Legal Description
Assessor's Tax Parcel Number(s): A portion of 092304-9153 and 092304-9292.
Related Documents: Trail Easement Recording # 20210511002281; Restrictive Covenant
Recording # 20210421000807
FIRST AMENDMENT TO TRAIL EASEMENT
A. By Trail Easement executed May 6, 2021 (the "Easement"), Grantor granted to
Grantee a perpetual easement to plan, design, engineer, permit, construct, maintain,
repair, operate, inspect, and replace a pedestrian trail, maintenance access,
viewpoints, associated park furnishings, and planting on certain real property owned
by Grantor, legally described on Exhibit "A" attached thereto. A copy of the fully -
executed Easement is on file with the King County Recorder's Office under
recording number 20210511002281.
B. Grantor and Grantee desire to modify the Easement on the terms and conditions set
forth in this First Amendment.
NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby
acknowledged, the parties agree to amend the Easement as follows:
AMENDMENT TERMS AND CONDITIONS
1. Section 3(g) of the Easement, Stormwater Bioretention Area, is hereby deleted in its
entirety.
2. Exhibit A of the Easement is hereby deleted in its entirety and replaced with
Attachment A of this First Amendment.
First Amendment to Trail Easement Page 1 of 8
Instrument Number: 20240321000584 Document:AMND Rec: $310.50 Page-2 of 8
Record Date:3/21/2024 3:25 PM King County, WA
DocuSign Envelope ID: AE27492E-85B2-4251-89C5-C6471CDC16D0
3. Exhibit B of the Easement is hereby deleted in its entirety and replaced with the
Attachment B of this First Amendment.
4. Capitalized Terms. Capitalized terms contained herein, unless otherwise defined,
are intended to have the same meaning and effect as that set forth in the Easement.
5. Entire Agreement. This First Amendment, together with the Easement, represent the
entire agreement of the parties and supersedes any prior written or oral agreements
with respect to the matters described herein. If there is any conflict or ambiguity
between this First Amendment and the Easement regarding the subject matter of this
First Amendment, then this First Amendment shall control.
6. Ratification. All terms, conditions, and other provisions of the Easement not
expressly amended by this First Amendment remain in full force and effect. The
parties hereby ratify and confirm the Easement as modified by this First Amendment.
7. Counterparts. This First Amendment may be executed in any number of counterparts
and all counterparts shall be deemed to constitute a single agreement. The execution
of one counterpart by any party shall have the same force and effect as if that party
had signed all other counterparts. The signatures to this First Amendment may be
executed on separate pages and when attached to this First Amendment shall
constitute one complete document. A portable document format (PDF) or DocuSign
signature on this First Amendment shall be equivalent to, and have the same force
and effect as, an original signature.
8. Authority. The individual(s) signing for Grantor and Grantee below acknowledge
that they are authorized to execute this First Amendment and bind their respective
agencies to the obligations set forth herein.
[Signature Blocks on Following Pages]
First Amendment to Trail Easement Page 2 of 8
Instrument Number: 20240321000584 Document:AMND Rec: $310.50 Page-3 of 8
Record Date:3/21/2024 3:25 PM King County, WA
DocuSign Envelope ID: AE27492E-85B2-4251-89C5-C6471CDC16D0
IN WITNESS WHEREOF, the Grantor and Grantee hereby execute this First Amendment
as of the day and year below written.
Dated this day of 2024.
GRANTOR:
KING COUNTY, a home rule charter
county and political subdivision of the State
of Washingtoft
Approved as to form:
r—DocuSIgnad by:
By:
Sr. Deputy l rt seeuting Attorney
CUSTODIAL APPROVAL:
--DocuSigned by:
By:
Name: Josh Baldi
Title: Director, Water and I and l c ources
Division
First Amendment to Trail Easement Page 3 of 8
Instrument Number: 20240321000584 Document:AMND Rec: $310.50 Page-4 of 8
Record Date:3/21/2024 3:25 PM King County, WA
DocuSign Envelope ID: AE27492E-85B2-4251-89C5-C6471CDC16D0
GRANTEE:
THE CITY OF TUKWILA, a
municipal corporation of the State
of Washington
By:_
DocuSigned by:
boas M btd,
e9 D5 7844C*-:
Name: Thomas McLeod
Title:
Mayor
Approved as to form:
DocuSigned by:
By:•.... ga.F
Office or theity Attorney
611 b.
[NOTARY BLOCKS FOLLOW]
First Amendment to Trail Easement Page 4 of 8
Instrument Number: 20240321000584 Document:AMND Rec: $310.50 Page-5 of 8
Record Date:3/21/2024 3:25 PM King County, WA
DocuSign Envelope ID: AE27492E-85B2-4251-89C5-C6471CDC16D0
STATE OF WASHINGTON )
) ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that Anthony Wright is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he was authorized to execute the instrument and acknowledged it as the Director
of the Facilities Management Division 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.
GIVEN UNDER MY HAND AND OFFICIAL SEAL this
._ . _.. .., , 2024.
NANCY KODANI-LEE
NOTARY PUBLIC #20108795
STATE OF WASHINGTON
COMMISSION EXPIRES
MAY 24, 2027
First Amendment to Trail Easement Page 5 of 8
My commission expires
Instrument Number: 20240321000584 Document:AMND Rec: $310.50 Page-6 of 8
Record Date:3/21/2024 3:25 PM King County, WA
DocuSign Envelope ID: AE27492E-85B2-4251-89C5-C6471CDC16D0
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 was authorized to execute the instrument and
acknowledged it as the Mayor of The CITY of TUKWILA,
a municipal corporation of the State of Washington, to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
GIVEN UNDER MY HAND AND OFFICIAL SEAL this 21st day of
March , 2024. ,-DocuSigned by:
JULIE SANDERS
NOTARY PUBLIC
STATE OF WASHINGTON
Commission #192651
My Comm. Expires 5/31/2025
it Sam
2P, mit
Print Name J u1 i e sanders
My commission expires 05/31/2025
This notarial act involved the use of communication technology
First Amendment to Trail Easement Page 6 of 8
Instrument Number: 20240321000584 Document:AMND Rec: $310.50 Page-7 of 8
Record Date:3/21/2024 3:25 PM King County, WA
DocuSign Envelope ID: AE27492E-85B2-4251-89C5-C6471CDC16D0
Attachment "A" of the amended Trail Easement
Trail Easement 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 East 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;
Except that portion lying within Parcel A above.
Parcel C:
The Westerly 20 feet being parallel to the Westerly line and as measured 78 feet 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.
First Amendment to Trail Easement Page 7 of 8
Instrument Number: 20240321000584 Document:AMND Rec: $310.50 Page-8 of 8
Record Date:3/21/2024 3:25 PM King County, WA
DocuSign Envelope ID: AE27492E-85B2-4251-89C5-C6471CDC16D0
Attachment "B" of the amended Trail Easement
Site Map
Parking area extends 5 feet Into Property
LEGEND
En Property Other KC Parcel Boundaries
Trail Easement (approx. 0.41 ac) " ����, Roads
001 Parking Area (Approx.) Open Water
First Amendment to Trail Easement Page 8 of 8
100
Feet
200
King County