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Home My WebLink About2012 - Public Storm Drainage Easement - TL Investment Group LLC - 20120604001083Return to: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 20120604001083 LANDFAIR LLC EAS 71.00 PAGE -001 OF 010 06/04/2012 14:16 KING COUNTY, WA Above this line reserved for Recorder's use N PUBLIC STORM DRAINAGE 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 10 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 and as depicted in Exhibit "C "which are attached and incorporated herein by this reference. l4 a if 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, repair, alter, monitor, replace, remove or reconstruct said public storm drain system provided that such constructing, operating, maintaining, repairing, altering, monitoring, replacing, removing or reconstructing of said public storm drain shall be accomplished in such a manner that the private improvements existing within perimeter of this easement shall not be disturbed or destroyed, or in the event they are disturbed or destroyed, they will be replaced in as good a condition as they were immediately before the property was entered upon by the Grantee. The Grantor shall retain the right to use the surface of said easement, so long as said use does not interfere with proper function of the public storm drain. Grantor shall not plant trees or vegetation with invasive root system within perimeter of this easement. 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. Page 2 of 1O 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 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 Page 3 of 10 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: 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 i -c,-I2 Pr perty OJ�/ Grantor Date certify I have know or have satisfactory evidence that -<han \ to jah 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 Page 4 of 10 of TL 11/ VQL+Ifyi.i +S qinttp, , a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated WIrribribillidballaillkihrimalimill I Notary Mile I DARLAIN M IRAs I My Appointment Expires Sep 28, 2015 DATED this 01J)- ay of GRANTEE: CITY OF TUK Dw- ?acv fr) . 31�s Notary Public in and for the State of Washington residing at 114k-POI I q My appointment expires Qp„ 2 (.pi 2DIS A►2 � �^, , 206 e. ILA Mayor enticated: City Clerk STATE OF WASHINGTON ) ) ss. County of King On this day of undersigned, a Notary Public in and commissioned and sworn, personally ed As City Attorney 12 ', L , 20eg, before me, the for the State of Washington, duly 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 Page 5of10 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. C �,��sy — E pr' t name o ry Public n and for the State of Washington, residing at 5cit,r P-f My appointment expires 3 9 --Jt4 Page 6 of 10 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 7 of 10 EXHIBIT "B' PUBLIC DRAINAGE EASEMENT LEGAL DESCRIPTION: THAT PORTION 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, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 20; THENCE ALONG THE SOUTH LINE THEREOF, SOUTH 87'44'41" EAST 56.32 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 01'07'35" EAST 213.55 FEET; THENCE SOUTH 87'44'41" EAST 13.24 FEET; THENCE NORTH 06'21'04" EAST 63.89 FEET; THENCE SOUTH 83'38'56" EAST 20.00 FEET; THENCE SOUTH 0621'04" WEST 77.50 FEET; THENCE NORTH 87'44'41" WEST 16.92 FEET; THENCE SOUTH 01'07'35" WEST 198.55 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 20; THENCE ALONG SAID SOUTH LINE, NORTH 87'44'41" WEST 15.00 FEET TO THE TRUE POINT OF BEGINNING. Page 8 of 10 PBG, LLCM Land Planning • Civil Engineering 5130 South 166th lane SeaTac, WA 98188 T (206) 229-6422 TL INVESTMENT GROUP 4056 - S. 146TH STREET TUKWILA, WA 98168 PUBLIC DRAINAGE EASEMENT LEGAL DESCRIPTION EXHIBIT 'B' 61.30' N87 °39'57 "W• 128.73' L4 67.44' STREAM BUFFER L2 LOT 4 (1,457 SO. FT.) L6 LOT 3 (12,597 SO. FT.) 1 61.31' N87 °44 41 "W LOT 2 (7,663 SO. FT.) (NET: 6,175 SO. FT.) 6.0' PRIVATE SEWER EASEMENT / 61.32'1 r / N87 °44'41 "W S. 146TH STREET DRANAGE EASEMENT 67.43' N87 °44'41 "W 20.0' ACCESS /UTILITY EASEMENT LOT 1 (8,428 SO. FT.) N (NET: 6,944 SO. FT) 6Z43' 128.75' EXHIBIT 'C" N01 °0735 "E • HORIZONTAL GRAPHIC SCALE 20 10 0 10 20 1 inch = 20 ft. LINE TABLE NO. BEARING LENGTH Ll N01 °07'35 "E 213.55' L2 S87 °44'41 "E 13.24' L3 N06 °21'04 "E 63.89' L4 S83 °38'56 "E 20.00' L5 S06 °21'04 "W 77.50' L6 N87 °44'41 "W 16.92' L7 S01 °07'35 "W 198.55' L8 N87 °44'41 "W 15.00' 0 co Q 0 cNi i Page 9 of 10 PEtG LLCM Land Planning • Civil Engineering 5130 South 166th Lane SeaTac, WA 98188 T (206) 229 -6422 TL INVESTMENT GROUP 4056 - S. 146TH STREET TUKWILA, WA 98168 PUBLIC DRAINAGE EASEMENT EXHIBIT 'C' W STREAM BUFFER LOT 4 (11,457 so. Fr.) 61.31' N87 °44'41 "W Go- L6 LOT 3 (12,597 So. FT.) 15' PUBLIC DRAINAGE EASEMENT PUBUC STORM DRAINAGE SYSTEM 67.43' N87°44'41 "W LOT 2 (7,663 so. Fr.) (NET: 6,175 so. Fr.) 6.0' PRIVATE SEWER EASEMENT 20.0' ACCESS /UTILITY EASEMENT / 61.32' I I / F— I • LOT 1 (8,428 SO. FT.) (NET: 6,944 SO. FT) L8 \ \ N87°44'41 "W S. 146TH STREET EXHIBIT 'D' co M 0 0 67.43' HORIZONTAL GRAPHIC SCALE 20 10 0 10 20 1 inch = 20 ft. LINE TABLE NO. BEARING LENGTH Ll N01 °07'35 "E 213.55' L2 S87 °44'41 "E 13.24' L3 N06 °21'04 "E 63.89' L4 S83 °38'56 "E 20.00' L5 S06 °21'04 "W 77.50' L6 N87 °44'41 "W 16.92' L7 S01 °07'35 "W 198.55' L8 N87 °44'41 "W 15.00' Page 10 of 10 Land Planning • Civil Engineering 5130 South 166th Lane SeaTac, WA 98188 T (206) 229 -6422 TL INVESTMENT GROUP 4056 - S. 146TH STREET TUKWILA, WA 98168 PUBLIC DRAINAGE SYSTEM EXHIBIT 'D'