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Home My WebLink About2012 - Public Utility / Sidewalk / Roadway Easement - TL Investment Group LLC - 20120604001082Return to: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 20120604001082 4056 South 146th Street LANDFAIR LLC EAS 68.00 PAGE -001 OF 007 06/04/2012 14:16 KING COUNTY, WA Above this line reserved for Recorder's use 1 u PUBLIC UTILITY, SIDEWALK, ROADWAY EASEMENT Document Reference Numbers: L09 -066, PW10 -143 Grantor: TL INVESTMENT GROUP, LLC, a Washington State limited liability company Grantee: CITY OF TUKWILA, a municipal corporation of King County, Washington. Document Reference Number(s): Section/Township /Range: NE1 /4 of the NW 1/4, Sec. 22, T.23N, R.04E, WM Assessor's Tax Parcel Number(s): 0040000235 Abbreviated Legal Description: N/A 1. Recitals. A. The Grantor is the owner of that certain real property legally described on Exhibit `A' attached hereto and incorporated herein by this reference ( "Parcel A"). B. This instrument sets forth the terms and conditions under which the Grantor will grant the Grantee an easement. Page 1 of 2. Grant of Easement. A. For and in consideration of TEN DOLLARS ($10.00), and other valuable consideration, the receipt of which is hereby acknowledged, TL INVESTMENT GROUP, LLC ( "Grantor ") grants, conveys, and warrants to the CITY OF TUKWILA, ( "Grantee ") for the purposes hereinafter set forth, a perpetual easement under, across, and over Parcel A, a legal description of said easement being attached hereto as Exhibit 'B' and as depicted in Exhibit 'B', which are attached and incorporated herein by this reference. 3. Purpose of Easement. The Grantee shall be entitled to use the easement under, across, and over Parcel A in perpetuity for the purpose or purposes of: To construct, operate, maintain, replace, remove and improve public utilities, sidewalk and roadway TO INCLUDE FRANCHISE UTILITIES AND OTHER UTILITY LINES SERVING INDIVIDUAL LOTS. 4. General Provisions. A. Access. Grantee shall have the right of access to the easement under, across, and over the Property to enable Grantee to exercise its rights hereunder. B. Indemnification. Grantee shall hold the Grantor harmless from all costs, claims, or liabilities of any nature, including attorneys' fees, costs, and expenses for or on account of injuries or damages sustained by any persons or property resulting from the negligent activities or omissions of the Grantee resulting from this easement. Grantor shall hold the Grantee and its officers, agents and employees harmless from all costs, claims or liabilities of any nature including attorneys' fees, costs and expenses for or on account of injuries or damages sustained by any persons or property resulting from the negligent activities or omissions of the Grantor, or Grantor's agents or employees resulting from this easement. C. Attorneys' Fees. In the event that any suit or other proceeding is instituted by either party to this instrument arising out of or pertaining to this instrument or the relationship of the parties, including but not limited to the filing of Page 2 offal 7 a lawsuit, a request for an arbitration, mediation, or other alternative dispute resolution process (collectively, "Proceeding "), and any appeals and collateral actions relative to such a Proceeding, the substantially prevailing party as determined by the court or as determined in the Proceeding shall be entitled to recover its reasonable attorneys' fees and all costs and expenses incurred relative to such Proceeding from the non - prevailing party, in addition to such other relief as may be awarded. D. Binding Effect. This instrument shall be binding upon and inure to the benefit of the parties and their successors, heirs, assigns, and personal representatives and all persons claiming by, through or under the parties hereto. The easement created by this instrument shall be appurtenant, shall touch and concern the real property identified as Parcel A, and shall run with the land. E. Applicable Law. This instrument shall be governed by and construed in accordance with the laws of the State of Washington. Jurisdiction over and venue of any suit arising out of or related to this instrument shall be exclusively within the state or federal courts of King County, Washington. F. Entire Agreement. This instrument contains the entire agreement between the parties with respect to this matter. It may not be modified except in a writing signed by both parties. G. Waiver. Any waiver by a party of a breach of any provision of the agreement contained within this instrument by the other party shall not operate or be construed as a waiver of any subsequent breach by that party. No waiver shall be valid unless in writing and signed by the party against whom enforcement of the waiver is sought. H. Severability. If for any reason any portion of this instrument or any agreement contained herein shall be held to be invalid or unenforceable, the holding of invalidity or unenforceability of that portion shall not affect any other portion of this instrument or agreement and the remaining portions of the instrument shall remain in full force and effect. I. Notices. Any notice required or desired to be given under this instrument shall be deemed given if it is in writing and actually delivered to the party, or sent by certified mail to the address listed below for that party: Page 3 of ' City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 STATE OF WASHINGTON ) )ss. COUNTY OF KING ) TL INVESTMENT GROUP, LLC 4055 S. 148TH Street Tukwila, WA 98168 Property wner / Grantor -CID-alte2 certify I have know or have satisfactory evidence that 4.w giAvi I I is the person(s) who appeared before me, and said person(s) acknowledged that he signed this instrument on oath stated that he was authorized to execute the instrument and acknowledge as the D i CRS' of TL lYIVQ,c`YY)Prl -k C nu , (IC_ , a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Mowry PON. Washimillee Mate DARAAN. IkAll *Appointment Expires $. 10, 2015 Darlotin (lr1 has Notary Public in and for the State of Washington residing at 1 Rk1,0I ` Iq My appointment expires{ -. glp, ZOIS Page 4offr 7 DATED this 01, 0 day of GRANTEE: CITY OF TUKWILA // ayor IL , 2096. STATE OF WASHINGTON ) ss. County of King ) ved £ 9mbY City Attorney !2 On this ay-9' day of 1)-lp ( 2008, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally Appeared Jim Haggerton, known to me to be the Mayor of CITY OF TUKWILA, the municipal corporation that executed the foregoing instrument, 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 /she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year above written. Chic; ►� 0 ' P ak rt j pri na Notary Publi in and for the State of Washington, residing at S U,m,J t2 My appointment expires 3 -- -16 Page 5 off' 7 EXHIBIT 'A' LEGAL DESCRIPTION OF OWNER'S / GRANTOR'S PROPERTY LOT 20, BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE(S) 31, RECORDS OF KING COUNTY, WASHINGTON. Page 6 our 7 EXHIBIT 'B' LEGAL DESCRIPTION OF 10 -FEET WIDE PUBLIC UTILITY, SIDEWALK, ROADWAY EASEMENT THE SOUTH 10 -FEET OF LOT 20, BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY, WASHINGTON LOTS 110, 3 Pt-ND 4 ARE FU.E LOT 5 TO BE CR: TED f1FTEl; P (op ZECOI2 b IN EASEMENT DEPICTION co 1 c S; 4 LOT II 73 E L OT 3 31� LOT 2 LOT I O' M greASEEWY 44 146T" STREET Page 7 of,8' N,T, S.