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HomeMy WebLinkAbout2024 - Perpetual Stormwater Easement and Bill of Sale - Magellan Creek Partners / Methow Cutthroat / Tukwila SSP LLC - 20240514000619Instrument Number: 20240514000619 Document:EAS Rec: $312.50 Page-1 of 10 Record Date:5/14/2024 1:31 PM Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY HOLLY FERGUSON, DEPUTY Return Address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 PERPETUAL STORMWATER EASEMENT AND BILL OF SALE Reference Number(s) of Related Documents: 20230221000820 Grantor(s): 1) Magellan Creek Partners, LLC, a Washington limited liability company 2) Methow Cutthroat, LLC, a Washington limited liability company 3) Tukwila SSP LLC, a Delaware limited liability company Grantee(s): City of Tukwila, a Washington municipal corporation Legal Description (abbreviated: i.e., lot, block, plat or section, township, range): Ptn of Puget Sound Electric Railroad ROW in NE 1/4 Sec 32 and SE '/4 Sec 14, T23N, R4E Full legal description on Exhibits B Assessor's Property Tax Parcel/Account Number(s): 000280-0013 Reference Number(s): 20230221000820 {21568/0004/03212634-2 } PAGE 1 OF 8 Instrument Number: 20240514000619 Document:EAS Rec: $312.50 Page-2 of 10 Record Date:5/14/2024 1:31 PM King County, WA Perpetual Stoiniwater Easement For and in consideration of sum of TEN DOLLARS ($10.00), and other good and valuable consideration, receipt whereof is hereby acknowledged, the undersigned, Magellan Creek Partners, LLC, a Washington limited liability company ("Magellan"), and Methow Cutthroat, LLC, a Washington limited liability company ("Methow") (collectively "Property Owner"), the owners of the real property legally described on the attached and incorporated Exhibit A (the "Property"), hereby convey and grant to the City of Tukwila, a Washington municipal corporation, ("Grantee") a perpetual, non-exclusive easement in, along, upon, over, under, and across a ten -foot wide portion of the Property (the "Stormwater Easement Area"), the centerline of which is the centerline of a 12-inch PVC and an 8-inch DI stoiniwater line connecting catch basins located within the public right of way known as S. 143`d Place to an existing catch basin located within the public right of way known as S. 144`h Street (said stormwater line and appurtenances, the "Improvements"). Said easement alignment follows from CB 3A to CB 3 to CB 1 to the existing CB, as shown in Exhibit B. Said easement is granted for the use, maintenance, repair, inspection, expansion, testing, and replacement, of the Improvements, together with all connections and appurtenances thereto, as well as reasonable rights of ingress and egress. Tukwila SSP LLC, a Delaware limited liability company ("Improvement Owner") and Property Owner shall have the right to drain surface water to and through the Improvements as necessary to facilitate the collection and flow of stormwater in accordance with applicable law, and Property Owner shall have the right to use the Stormwater Easement Area for all purposes to the extent consistent with the foregoing easement. The hmprovements are depicted on the attached and incorporated Exhibit B. The easements and maintenance obligations set forth in that certain Stoiniwater Management and Temporary Construction Easement Agreement between Property Owner and Improvement Owner recorded under recording number 20230221000820 in the records of King County, Washington, are hereby superseded and replaced entirely with those set forth in this Stormwater Easement. Bill of Sale Improvement Owner hereby does by these presents hereby dedicate, convey, setover, assign, transfer and warrant to the City of Tukwila, a Washington municipal corporation ("Grantee"), the Improvements, to have and to hold the same for the said Grantee, its successors and assigns forever. The Improvements shall include Stormwater utilities constructed within the above described easement along with those constructed within the South 143`d Place and South 144th Street rights -of -way, as shown on Exhibit B. Improvement Owner hereby covenants that it is the lawful owner of said Improvements; that the same is free from all encumbrances; that all bills for labor and material associated with the same have been paid; that it has the right to sell the same as aforesaid; that it will warrant and defend the same against the claims and demands of all persons and will pay any costs, including reasonable attorneys incurred by Grantee, arising out of any such claim or demand. The Improvements and related easement are hereby conveyed in consideration of the agreement of Grantee, for itself, its successors and assigns, to accept ownership of the Improvements and to maintain the same as provided for in applicable city ordinances. {21568/0004/03212634-2} PAGE 2 of 2 4868-6235-4548, v. 1 Instrument Number: 20240514000619 Document:EAS Rec: $312.50 Page-3 of 10 Record Date:5/14/2024 1:31 PM King County, WA [Remainder of page intentionally left blank; signatures on following pages] {21568/0004/03212634-2} PAGE 3 OF 2 4868-6235-4548, v. 1 Instrument Number: 20240514000619 Document:EAS Rec: $312.50 Page-4 of 10 Record Date:5/14/2024 1:31 PM King County, WA IN WITNESS WHEREOF, said persons have caused this instrument to be executed this day of f r%^y , 2024. PROPERTY OWNER: Magellan Creek Partners, LLC, a Washington limited lability ,company an Snow, Manager STATE OF WASHINGTON ) ) ss. COUNTY OF '1 ' i ) This record was acknowledged before me on Manager of Magellan Creek Partners, LLC. dik MARX KEVIN NUVAL Notary Public State of Washington Commission # 23032911 My Comm. Expires Nov 9,2027 Notarial Stamp/Seal 1')O2 -{ (date) by Stan Snow as Name: tf LV�I�1 NOTARY PUBLIC, State of Washington My appointment expires tvJ t( ct-kk / 20 Z tri— {21568/0004/03212634-2 PAGE 4 OF 8 Instrument Number: 20240514000619 Document:EAS Rec: $312.50 Page-5 of 10 Record Date:5/14/2024 1:31 PM King County, WA STATE OF WASHINGTON ) ) ss. COUNTY OF K; PROPERTY OWNER (continued): Methow Cutthroat, LLC, a Washington limited liability company This record was acknowledged before me on Manager of Methow Cutthroat, LLC. BRETT SJOTHUN NOTARY PUBLIC # 193530 STATE OF WASHINGTON COMMISSION EXPIRES JULY 19, 2025 Notarial Stamp/Seal (date) by Doug Klein as NOTARY PUBLIC, Sta e of Washington My appointment expires 121568/0004703212634-2; PAGE 5 OF 8 4868-6235-4548, v. 1 Instrument Number: 20240514000619 Document:EAS Rec: $312.50 Page-6 of 10 Record Date:5/14/2024 1:31 PM King County, WA IMPROVEMENT OWNER: Tukwila SSP LLC, a Delaware limited liability company By. STATE OF 1JTA "' ) ss. COUNTY OF <SALT L14 ) ett M� ugh, Authorized Agent This record was acknowledged before me on McDonough as Authorized Agent of Tukwila SSP LLC. N(YI'ABN PUBi,1C Delrir Demon-34.490 Ellinglnn dl, (ommy. ion Expires I 2/115/2027 SLATE OF U iAH e: NOTARY PUBLIC, State of date) by Brett Notarial Stamp/Seal My appointment expires j'7i J ° {21568/0004/03212634-2} PAGE 6 OF 8 4868-6235-4548, v. 1 Instrument Number: 20240514000619 Document:EAS Rec: $312.50 Page-7 of 10 Record Date:5/14/2024 1:31 PM King County, WA DATED this /3 GRANTEE: City of Tukwila Attest/Authenticated: day of City Clerk STATE OF WASHINGTON ) COUNTY OF KING ) ss. 2024. DocuSigned by: -5E499CA4165E452... Approved As To Form by City Attorney On this Mikl day of `__i c , 2024, before me, the undersigned, a Notary Public in and for the State of Washin n, duly commissioned and sworn, personally appeared Tl'! R s Meit t/, known to me to be the 1-0fit dV of the City of Tukwila, the municipal corporation that executed the foregoing instrgent, 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‘,p�f pliapi ficial seal hereto affixed the day and year above written. NOTA R Y '9 '••. N a pp Notai'iai,a1 r PUB1-\C ti; 2= >' ssio EXP {21568/0004/03212634-2} Na ;,.� •� Il, vt 1- _- NOOTARY PUBLIC, State of `142.a.SitiO'11'TTl- _ y appointment expires /� _,Z 7— 25 PAGE 7 OF 8 Instrument Number: 20240514000619 Document:EAS Rec: $312.50 Page-8 of 10 Record Date:5/14/2024 1:31 PM King County, WA Exhibit A Legal Description of Property THAT PORTION OF THE PUGET SOUND ELECTRIC RAILROAD RIGHT-OF-WAY IN THE NORTHEAST QUARTER OF SECTION 23 AND THE SOUTHEAST QUARTER OF SECTION 14, BOTH IN TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. IN KING COUNTY, WASHINGTON, BOUNDED ON THE NORTHEAST BY MAULE AVENUE, ON THE SOUTHWEST BY SR 181, ON THE SOUTHEAST BY RIGHT-OF-WAY NO. 3 AND ON THE NORTHWEST BY RIGHT-OF-WAY NO. 4, BOTH RIGHTS -OF -WAY AS DESCRIBED IN KING COUNTY RECORDING NO. 6557639; EXCEPT THAT PORTION CONVEYED TO THE CITY OF TUKWILA BY DEED RECORDED MAY 08, 2007 UNDER RECORDING NO. 20070508000863, IN KING COUNTY, WASHINGTON. {21568/0004/03212634-2} PAGE 8 OF 8 Instrument Number: 20240514000619 Document:EAS Rec: $312.50 Page-9 of 10 Record Date:5/14/2024 1:31 PM King County, WA Exhibit B Depiction of Improvements {21568/0004/03212634-2} PAGE 9 OF 8 4868-6235-4548, v. 1 Instrument Number: 20240514000619 Document:EAS Rec: $312.50 Page-10 of 10 Record Date:5/14/2024 1:31 PM King County, WA z w� I1 I H / / / / Q0 a ro M a IJJC La m m 6 MM v '` W A ae