HomeMy WebLinkAbout2016 - Declaration of Ingress Egress and Utilities Easement - LIT Industrial Limited Partnership - 20160509000010When Recorded Return to:
McCullough Hill Leary, P.S.
701 Fifth Avenue, Suite 6600
Seattle, WA 98104
Attn: Courtney Flora
RECEIVED
MAY 102016
Community
Development
20160509000010
11
ERS,01:19
EXCISE TAX NOT REQUIRED
By
King Co
ds Division
Deputy
DECLARATION OF INGRESS -EGRESS AND UTILITIES EASEMENT
Grantor:
Grantee:
Legal description (abbreviated):
Assessor's Tax Parcel #s:
Recording # Related Document:
LIT Industrial Limited Partnership, a Delaware limited partnership
LIT Industrial Limited Partnership, a Delaware limited partnership
Portion of Parcel E, Tukwila BLA #L 15-0005, recording
#20150318900001. See Exhibits A and B.
Portion of 352304-9119
N/A
THIS DECLARATION QF INGRESS- GRESS AND UTILITIES EASEMENT
("Agreement") is made this f day of I y , 2016, by LIT INDUSTRIAL
LIMITED PARTNERSHIP, a Delaware limited partnership ("Declarant").
RECITALS
M
A. Declarant is the owner of "New Parcel E" of the City of Tukwila Boundary
Line Adjustment No. L 15-0005, as recorded under Recording Number 20150318900001,
Records of King County, Washington ("Property"). The Property includes a sixty -foot private
roadway along its east boundary known as the "Segale Park Drive A" (the"Drive").
B. Declarant proposes to complete a boundary line adjustment of the Property
which will create the parcel legally described in Exhibit A ("Benefitted Property") as a
separate legal lot.
C. A strip of land is located between the Benefitted Property and the Drive, and
the Benefitted Property will require an easement over said strip for access to the Drive.
D. As used herein, "Remainder Property" means the Property excluding the
Benefitted Property, "Grantor" means Declarant in its capacity as owner of the Easement Area
Declaration of Ingress -Egress and Utilities Easement -1-
5/3/16
and the Remainder Property, and "Grantee" means Declarant in its capacity as owner of the
Benefitted Property, and
AGREEMENTS
NOW, THEREFORE, Declarant declares and agrees, on behalf of its successors and
assigns, as follows:
1. Declaration of Easement for Ingress and Egress. Grantor hereby declares, reserves,
grants and conveys a perpetual, nonexclusive easement appurtenant to the Benefitted Property
for the purposes of vehicular and pedestrian ingress and egress over, upon and across that
portion of the Remainder Property legally described in Exhibit B attached hereto and depicted
on Exhibit C attached hereto (the "Easement Area"). Grantee's right to use the Easement
Area includes the right for Grantee, its successors and assigns, licensees, invitees, tenants,
agents, contractors and employees ("Permitted Users") to use the Easement Area for ingress
and egress to and from the Benefitted Property and the Drive. The Permitted Users shall not
park in the Easement Area. Grantee shall not have the right to construct or install
improvements or landscaping within the Easement Area, except for underground utilities
pursuant to Section 2 below, nor shall the Permitted Users have the right to use the Easement
Area for any purpose other than as set forth above.
2. Declaration of Easement for Utilities. Grantor hereby declares, reserves, grants
and conveys a perpetual, nonexclusive easement appurtenant to the Benefitted Property for
purposes of operating underground utilities in and under the Easement Area. Grantee may
also install, maintain and repair underground utilities within the Easement Area provided that
(i) such installation and maintenance shall not interfere with Grantor's use of the Remainder
Property, and (ii) Grantee shall first obtain Grantor's written consent to the plans and schedule
for utility work within the Easement Area, such consent not to be unreasonably withheld,
delayed or conditioned by Grantor.
3. No Dedication to the Public. Nothing contained herein shall be deemed to be a
gift or dedication of any portion of the Easement Area to the general public or for the general
public or for any public uses whatsoever other than those specifically granted herein, it being
the intention of Declarant that the Easements granted herein shall be strictly limited to and for
the purposes herein expressed.
4. Notices. Any notice, request, approval, consent, demand, or other
communication required or permitted to be given by any party to the other hereunder shall be
in writing and addressed to the other party at its address for property tax notices pursuant to
applicable King County records or at such other address as such party shall have last
designated by notice to the other and shall be deemed to have been duly given when delivered
personally or one (1) business day after deposit with reputable overnight courier or three (3)
days after deposit as prepaid certified mail (return receipt requested) with the United States
Postal Service.
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5. Reservation. Grantor, as owner of the Remainder Property, reserves the right
to use the Easement Area for any and all purposes (including granting additional easements
and usage rights) which do not materially interfere with Grantee's use of the Easement Area
for the purposes stated herein and are not otherwise inconsistent with the rights herein
contained.
6. Attorneys' Fees. In the event either party employs an attorney to enforce or
interpret any of the provisions of this Agreement, the prevailing party shall be entitled to
recover its costs and reasonable attorneys' fees in connection with such action.
7. Assignment; Binding Effect. The Easements hereby granted and the conditions
herein contained shall be a covenant running with the land and shall inure to the benefit of and
be binding upon the parties hereto and their successors and assigns, including any subsequent
owners of the Easement Area, the Benefitted Property and the Remainder Property. The
Easements granted herein are intended solely for the benefit of the Benefitted Property and the
easements and other rights and interests granted herein shall not be assigned or extended to
any properties other than the Benefitted Property.
8. No Merger. It is the intention of the parties that the easements granted herein
and covenants made herein shall not extinguish or terminate by operation of the doctrine of
merger or otherwise by reason of existing or future common ownership of the real property
described herein as the Remainder Property, the Easement Area and/or the Benefitted
Property.
[INTENTIONAL PAGE BREAK]
Declaration of Ingress -Egress and Utilities Easement -3- 5/3/16
9. Miscellaneous. Time is of the essence hereof. The headings contained herein
shall not be used to interpret the provisions hereof. This Agreement shall be construed under
and governed by the laws of the State of Washington. Either party's failure to enforce any
provision hereof shall not constitute waiver thereof in any future instance. If any provision
hereof is held to be unenforceable, the remaining provisions shall continue in full force and
effect.
DATED as of the day and year first above written.
DECLARANT:
LIT INDUSTRIAL LIMITED PARTNERSHIP, a Delaware limited
partnership
By: LIT Holdings GP, LLC, a Delaware limited liability company,
its general partner
By: Lion Industrial Properties, L.P., a Delaware limited
partnership, its sole member
By: LIT GP Sub, LLC, a Delaware limited liability
company, its general partner
By: Lion Industrial Trust, a Maryland real
estate investment trust, its sole member
and manager
By:
Name: " T•�� k• I<;It�a..
Title:
Declaration of Ingress -Egress and Utilities Easement -4- 5/3/16
STATE OF TEXAS )
) ss.
COUNTY OF DALLAS )
On the 5' day of ill fq , 2016, before me, a notary pupplic in and for the State
and County aforesaid, personally aypeared TTal+ry 1Z, K.I11 Ak) , who
acknowledged himself to be the CFO /7-2EZUte.Et of Lion Industrial Trust, a
Maryland real estate investment trust, the sole member and manager of LIT GP Sub, LLC, a
Delaware limited liability company, the general partner of Lion Industrial Properties, L.P., a
Delaware limited partnership, the sole member of LIT Holdings GP, LLC, a Delaware limited
liability company, the general partner of LIT Industrial Limited Partnership, a Delaware
limited partnership, and that he, as such officer, being authorized to do so, executed the
foregoing instrument for the purposes therein contained by signing the name of the authorized
agent of the aforesaid Maryland real estate investment trust, Delaware limited liability
companies and Delaware limited partnerships, by himself as suct('
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notary Public for state of
My Commission Expires: O ' O$I3018
0,01!.:,,,,, LESLIE C. ELKINS
Notary Public, State of Texas
=•. Comm. Expires 07-08-2018
"y`0'``;4 Notary ID 12832324.1
Declaration of Ingress -Egress and Utilities Easement -5-
5/3/16
EXHIBIT "A"
LEGAL DESCRIPTION OF BENEFITTED PROPERTY
THAT PORTION OF "NEW PARCEL E" OF CITY OF TUKWILA BOUNDARY LINE
ADJUSTMENT NO. L 15-0005, AS RECORDED UNDER RECORDING NO.
20150318900001, RECORDS OF KING COUNTY, WASHINGTON, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER
OF THE NORTHEAST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4
EAST OF THE WILLAMETTE MERIDIAN; THENCE SOUTH 87°50'43" EAST ALONG
THE NORTH LINE OF SAID SUBDIVISION A DISTANCE OF 449.30 FEET; THENCE
LEAVING SAID LINE SOUTH 02°09' 17" WEST A DISTANCE OF 437.77 FEET;
THENCE SOUTH 87°50'43" EAST A DISTANCE OF 802.76 FEET; THENCE SOUTH
35°46'57" WEST A DISTANCE OF 78.87 FEET TO THE TRUE POINT OF
BEGINNING AND THE BEGINNING OF A NON -TANGENT CURVE CONCAVE TO
THE SOUTHWEST HAVING A RADIUS OF 47.63 FEET AND FROM WHICH THE
CHORD BEARS SOUTH 35°30'35" EAST A DISTANCE OF 46.25 FEET; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 58°05'59" A DISTANCE OF 48.30 FEET; THENCE SOUTH 07°44'22" WEST
A DISTANCE OF 218.29 FEET; THENCE NORTH 81°22'09" WEST A DISTANCE OF
157.17 FEET; THENCE SOUTH 07°50'29" WEST A DISTANCE OF 22.29 FEET;
THENCE NORTH 82°14'59" WEST A DISTANCE OF 83.96 FEET TO THE BEGINNING
OF A NON -TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS
OF 462.24 FEET AND FROM WHICH THE CHORD BEARS NORTH 22°48'09" EAST A
DISTANCE OF 267.22 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL 33°36'05" A DISTANCE OF 271.09 FEET; THENCE
SOUTH 87°52'53" EAST A DISTANCE OF 140.69 FEET TO THE POINT OF
BEGINNING.
Declaration of Ingress -Egress and Utilities Easement -6- 5/3/16
EXHIBIT B
LEGAL DESCRIPTION OF ACCESS AND UTILITY EASEMENT
THAT PORTION OF "NEW PARCEL E" OF CITY OF TUKWILA BOUNDARY LINE
ADJUSTMENT NO. L 15-0005, AS RECORDED UNDER RECORDING NO.
20150318900001, RECORDS OF KING COUNTY, WASHINGTON, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 3 OF CITY OF TUKWILA
LOT LINE ADJUSTMENT NO. 93-0085, AS RECORDED UNDER RECORDING NO.
9311301961, RECORDS OF KING COUNTY, WASHINGTON, FROM WHICH THE
SOUTHWEST CORNER OF SAID LOT BEARS NORTH 87°50'43" WEST A DISTANCE
OF 802.76 FEET; THENCE SOUTH 35°46'57" WEST A DISTANCE OF 78.87 FEET TO
THE BEGINNING OF A NON -TANGENT CURVE FROM WHICH THE RADIUS POINT
BEARS SOUTH 25°26'26" WEST A DISTANCE OF 47.63 FEET; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 58°05'59" A DISTANCE OF 48.30 FEET TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH 82°15'38" EAST A DISTANCE OF 5.39 FEET TO THE
WESTERLY LINE OF INGRESS, EGRESS & UTILITIES EASEMENT RECORDED
UNDER RECORDING NO. 8609081152; THENCE SOUTH 07°44'22" WEST, ALONG
SAID LINE, A DISTANCE OF 218.29 FEET; THENCE LEAVING SAID LINE NORTH
82°15'38" WEST A DISTANCE OF 5.39 FEET; THENCE NORTH 07°44'22" EAST A
DISTANCE OF 218.29 FEET TO THE POINT OF BEGINNING.
Declaration of Ingress -Egress and Utilities Easement -7- 5/3/16
BUILDING D
EXHIBIT "C"
EE
0
POC: SE CORNER
Q.
W
� 0
SEGALE PARK DRIVE DS35' 46' 57'W 78.87' \,/.'LLi
I
BUILDING
4
1 =100'
7'
LOT 3 BLA-9311301961
0' 43"E
02.76'
A=58'05'59"
R=47.63'
L=48.30'
RB=S25'26'26"W
TPOB
BLDG C
N7' 44' 22"E
218.29'
N82' 15' 38"W
5.39'
JOB NO. '2160096.50
May 4. 2016
ACCESS EASEMENT
LEGAL BY: BD EXHIBIT BY: TD
w:\.d.kprof 2016\2160098\acceaa eaaement.dwp
S82' 15' 38"E
5.39'
60' INGRESS, EGRESS do
UTILITIES EASEMENT REC.
NO. 8609081152
EASEMENT AREA1,176 SF
I `
S7' 44' 22"W
218.29'
PROPOSED LOT LINE
ACCESS ROAD EASEMENT
REC. NO. 20111117000949
2215 North 30th Street,
Suite 300,
Tacoma, WA 98403
253.383.2422 TEL
253.383.2572 FAX
THIS EXHIBIT HAS BEEN PREPARED TO ASSIST IN THE INTERPRETATION
OF THE ACCOMPANYING LEGAL DESCRIPTION. IF THERE IS A CONFLICT
BETWEEN THE WRITTEN LEGAL DESCRIPTION AND THIS SKETCH. THE
LEGAL DESCRIPTION SHALL PREVAIL