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Home My WebLink About2024 - Easement Agreement - CenterPoint 8801 Marginal LLC / City of Tukwila - 20241219000764Instrument Number: 20241219000764 Document:EAS Rec: 5312.50 Page -1 of 10 Record Date:12/19/2024 4:45 PM Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY PAUL JUNG, DEPUTY After recordine return to: City Clerk City of Tukwila 6400 Southcenter Boulevard Tukwila. Washington 98188 66CC1NiENT TITLE: GRANTOR: EASEMENTAGREEMENT CenterPoint 8801 Marginal LLC, a Delaware limited liability campanY GRANTEE: City of Tukwila, a Washington Municipal Corporation ABBREVIATED LEGAL DESCRIPTION: Parcel A of City of Tukti��ila I.,ot Consolidation No. 1-19-008-3, recorded September 10, 2020, under Recordinl- Number 20200910900087 ADDRESS: 8801 E. iMareinal Way, Tukwila, Washington 98108 KING COUNTY TAX PARCEL NUMBER: 542260-0060-03 1066535.3 Instrument Number: 20241219000764 Document:EAS Rec: $312.50 Page -2 of 10 Record Date:12/19/2024 4:45 PM King County, WA EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (the "Agreement") is made and entered this day of September, -1024, by and between CENTERPOINT 8801 MARGINAL LLC, a Delaware limited liability company (referred to herein as the "Grantor"), and THE CITY OF TUKWILA. a Washington municipal corporation (referred to herein as the "Grantee"): WITNESSETH: WHEREAS, Grantor is the owner of certain property and the improvements thereon commonly known as 8801 E. Marginal Way, Tukwila, Washington, and legally described on Exhibit A attached hereto (the -Property"); and WHEREAS.. Grantor desires to convey to Grantee an easement on, under and across certain portions of the Property for the purpose of utilizing, maintaining. and repairing the City Traffic Signalization Facilities (as hereinafter defined); NOW. THEREFORE,, for and in consideration of the sum of Ten and Nod 00's Dollars ($10.00). and other good and valuable considerations, the receipt of all of which is hereby acknowledged, the said Grantor, as the owner of the Property, and docs hereby grant and convey unto the Grantee, subject to all existinu easements and restrictions of record, a perpetual, non-exclusive right of way and easement (the "Easement") for access to, across. under and over the Easement Parcel (as hereinafter defined) for the use, operation, inspection, maintenance, repair, renewal and replacement of a Phoenix Drive Traffic Type 1 Signal Pole and System and associated facilities (the "City Traffic Signalization Facilities"), all as heretofore constructed by Grantor and conveyed to Granteeconcurrently herewith, on, under and across the portions of the Property legally described on Exhibit B attached hereto and depicted on Exhibit C attached hereto (the "Easement Parcel"). TO HAVE AND TO HOLD the same unto the Grantee for the uses and purposes herein set forth. 1066535.3 Instrument Number: 20241219000764 Document:EAS Rec: $312.50 Page -3 of 10 Record Date:12/19/2024 4:45 PM King County, WA Grantee shall have the perpetual right to access, cross over, under and through the Easement Parcel for the purpose of utilizing, operating, inspecting, maintaining, repairing, renewing and replacing the said City Traffic Signalization Facilities located within the Easement Parcel provided, however. (i) that no cost or expense shall be incurred by Grantor in connection with the use, operation. inspection, maintenance, repair, renewal and replacement of the City Traffic Signalization Facilities now or hereafter located within the Easement Parcel pursuant to this Easement, and (ii) that all use, operation. inspection, maintenance, repair, renewal and replacement shall be done in compliance with applicable law. During the exercise of anv of its rights hereunder, Grantee agrees to use commercially reasonable efforts not to interfere with the use and operation of Grantor's Property by Grantor or any of its contractors, tenants or licensees. Grantee shall keep the Easement Parcel and the Property tree from and shall promptly discharge all mechanic's or material suppliers liens arising front anv work performed, material funlished or obligations incurred in connection with any of Grantee's activities within the Easement Parcel. Grantee agrees that it shall, at its sole cost and expense, restore, to substantially the same condition as existing immediately before such damage occurred, anv damage caused to anv part of the Easement Parcel or the Property which occurs as a result of the use, operation. inspection, maintenance. repair, renewal and replacement of the City Traffic Signalization Facilities by Grantee. To the fullest extent permitted by applicable law, the Grantee shall release, indemnify, hold harmless and defend the Grantor, its officers, directors, employees, members and owners, from time to tune, of any of the Property, from and against at] claims. costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by or resulting fl•ont the negligent use, operation, inspection, maintenance, repair, renewal and replaceutent of the City Traffic Signalization Facilities pursuant hereto or which may result from or in connection with or by reason of the rights granted to the Grantee under this instrtunent, including any act or omission of the Grantee or its agents, contractors or employees. The provisions of this indemnification paragraph shall not be construed to indemnify and 1066535.3 3 Instrument Number: 20241219000764 Document:EAS Rec: $312.50 Page -4 of 10 Record Date:12/19/2024 4:45 PM King County, WA Grantee shall not be obligated to indemnify Grantor for any liability, loss, damage or expense to the extent attributable to the negligent acts or omissions or willful or intentional misconduct of Grantor. The granting of the Easement shall not be construed to prohibit the Grantor from developing any property adjoining the Easement Parcel or from using the Easement Parcel in any manner or from laying out, establishing and constructing pavement, road surfaces. Curbing and gutters along, upon, over or across said Easement Parcel or any portion thereof, provided, however, the Easement Parcel shall be kept free from buildings. and any other structures or obstructions (except sidewalks, roadways, pavement, grass, shrubs. fences, or curbs), which will interfere with the Grantee in entering upon said Easement Parcel for the purpose of the use, operation, inspection, maintenance, repair, renewal and replacement the City Traffic Signalization Facilities. All rights, title, and privileges herein granted, including all benefits and burdens, shall run with the land and shall be binding upon Grantor and Grantee, as well as their respective successors and assigns. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK — SIGNATURE PAGES FOLLOW] 10665-335.3 Instrument Number: 20241219000764 Document:EAS Rec: $312.50 Page -5 of 10 Record Date:12/19/2024 4:45 PM King County, WA IN WITNESS WI-IFREOF. CENTERPOINT 8801 MARGINAL LLC. has caused this EqSCI)lCIlt to be executed Linder seal on the 25th day of September, 2024. CENTERPOINT 8801 MARGINAL LLC. a Delaware limited hability collipally By: CeiiterPohit Properties TrLISt,a Maryland real estate investment trust. its SOIC ITICIllber By: Its: nabn Naiiie:— SZan1nr Vinp PrAAkdArIt By: Its: Millie: bo-k,i victi" STATE OF ILLINOIS COUNTY OF, L -.- # 111LIE A. C-) WAEL allotary Public in and for said C01.111tV., in Ilie Slate .foresaid, DO HEREBY CERTIFY that 5DWARD 14ARV114GTOW as ytr.PCaiid 16RIA L -a I — k[ and PJ 1jjr-WAW as Civp. C-()V-1TQ%1 I:Ek7 of 7— Cei-ilei-Pohit Properties Trust. 0 Nlarylaiid real estate iIlVk:StIllCIIl IFLIZA. personally kiio%vii to iiie to be the sarlic persons whose iiaiiies are subscribed to the fore -0 I'll g, i I IStrUrrlerIt ' as SLICII Officers. appeared before ine this day iii persoji aiid acki-lowlecked that they sighed acid delivered the said illStl'Lilllent ZIS their O%Vll free and voluntary act and as their owri free Lind voluntary act of said trLISt for the Uses and PLII-I)OSeS therefii set forth. GIVEN 1.under11myhahand and notarialqtarial seal this LP L— qday of September. 2024. _K7o, $P t "!bl i c cokill Seat JULIE A WCKEL Notary Public. 5taxe of fflincii Commlision No. 899413 .p ",., " .mh,.r 29, AY Commission =Expire5 Novemher 29, 2027 SIGNATURE PAGE - I Instrument Number: 20241219000764 Document:EAS Rec: $312.50 Page -6 of 10 Record Date:12/19/2024 4:45 PM King County, WA IN WITNESS WHEREOF, THE CITY OF TUKWILA, has caused this Bill of Sale to be executed under seal on the day of -S er, 2024. CITY OF TUKNVA)4,A,, q Washington municipal By: � Name: Title: Attest/Authenticated: City Clerk Approved As To Form by City Attorney STATE OF WASHINGTON COUNTY OF KING ) On jIus day person ly appeared before mm e to e known to be the �he CITY OF TUKWILA, a municipal cot7oration and itoncharter code city with a council-ntavor form of government organized pursuant to RCW Title 35A. that executed the foregoing instrument, and acknowledged such instrument to be free and voluntary ace and deed of said City for the uses and purposes therein mentioned, and on oath stated that s!he was duly authorized to executed such instrument. n�-l1Rl n G 1 V EN` Acte � t zj notarial seal this 1" 1 day of 0enibe , _ _ _ eptemt�er, 2024. Commission Number <;,-,, 20104230 _. _N Jennifer Ronda Z_ — -- My Appointment Expires 0 =7j� 4130/2028 Nd7ap a >lic i SIGNATURE PAGE - 2 Instrument Number: 20241219000764 Document:EAS Rec: $312.50 Page -7 of 10 Record Date:12/19/2024 4:45 PM King County, WA EXHIBIT A LEGAL DESCRIPTION •F PROPERTY PARCEL A OF CITY OF TUKWILA LOT CONSOLIDATION NO_ 1-19-008-3), RECORDED SEPTEMBER 10, 2020, UNDER RECORDING NUMBER 20200910900087. IN KING COUNTY, WASHINGTON. Common Address: 8801 E. Marginal Way Tukwila. Washington 98108 Tax Parcel Number: 542260-0060-0; 1066535.3 EXHIBIT A -I Instrument Number: 20241219000764 Document:EAS Rec: $312.50 Page -8 of 10 Record Date:12/19/2024 4:45 PM King County, WA EXHIBIT B LEGAL DESCRIPTION OF EASEMENT PARCEL CITY OF TUKWILA ACCESS & MAINTENANCE EASEMENT LEGAL DESCRIPTION 00-FOGT_VVI DE , Tr,1-. OF L.ANC? LYING r,ND AL.FzCi ty PC i li7;.N! f,. --F CI TY =_i�` "L1d41•:di'� � d'::. T ti�C:."awEw b�LI �HT'f'wbad i�InJf�2d:re • _ I .,"�!',.?%3, mdlN�= � d-''s_r;:�3�C�a�1C�° ISR '6� iF E':x; '2',��le�,cf1'�:!aS_t�'�E:; CIATED SEFTEMBE 'i_.:"22.,0. `tES4aRO C:;.=..F• F'OLL.0-od ; w'[ Mr.,SENCI` G AT'THE 530JTt;E-_A--'.T i'0RNPP t.?F 1A:u Pr°aPCE. L 6: THEN _ ALONG THE _ _ ._iTH LIN- (DF SAID F ARI .EL . , N,0:=TH •:: ', l'0 ,u dE i FEET THENC NORTH Cli'C:' ^>:•` ` .`_T. lav'FEES Tri=NCE7-'ARAL:_EL `.`'+ _h S,—'.:,D H. UNE a.Ol: H _ Cl EA'C-T• :' i i3 FEET" TL' T .E a, T =Fr ' T`irg� :c AL.e;i Jt c•'.I': '.r. ERc Y Jw1.� :illi ,o'y, t`3, `a..-....._.: •.=..l:T. `.a� FEET Ti=: THE POINT OF BEGINNING. &l 24024 ^_C :ML, 'ENTER="L INT TJKVALIA Atp�,,isl 1 024 1066535.3 EXHIBIT B -I Instrument Number: 20241219000764 Document:EAS Rec: $312.50 Page -9 of 10 Record Date:12/19/2024 4:45 PM King County, WA Instrument Number: 20241219000764 Document:EAS Rec: $312.50 Page -10 of 10 Record Date:12/19/2024 4:45 PM King County, WA .`XAL E G \- \V� GOIAS 0� 2 AfPN 5729800010 � RI ;lGt ORO 1066535.3 788`51'02'E 21.9 EASEMENT 0 1 64 '4',}F " " c N88'51'02°" 25.00' I.O.. (S.E. COINER, PARCEL A) CCE`-',SAINTENANCE. EASEMENT EXHIBIT C-2 +. • N i E, l� 788`51'02'E 21.9 EASEMENT 0 1 64 '4',}F " " c N88'51'02°" 25.00' I.O.. (S.E. COINER, PARCEL A) CCE`-',SAINTENANCE. EASEMENT EXHIBIT C-2 +. • N