HomeMy WebLinkAbout2012 - Access Easement and Maintenance Agreement - Segale Properties - 20121130002448Return Address:
City of Tukwila
ATTN: City Clerk
6200 Southcenter Blvd
20121130002448
CITY OF TUKWIL EAS 138.00
PAGE -001 OF 016
11/30/2012 15:05
KING COUNTY, WA
1
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3. 4.
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Additional names on page of document.
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
}for -i-Lm v,-( Sec hcam. 35, 2ctri.. 23 &, !vc.,11$Jiip OVA)
Additional legal is on page ) of document. &?(h 0t•f5 /i A-2. 0- 2
,
Assessor's Property Tax Parcel/Account Number ❑ Assessor Tax # not yet
assigned 352304 _90/4) 35a - '9'i5.) 3523v,1 -y°Ft) 35 2_3,01i -yog-a,
352.;0L1 —gilt-,
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Signature of Requesting Party
Document Title(s) (or transactions contained therein):
Access Easement and Maintenance Agreement
Reference Number(s) of Documents assigned or released:
(on page of documents(s))
_
Grantor(s) (Last name first, then first name and initials):
1. SEGALE PROPERTIES LLC
Grantee(s) (Last name first, then first name and initials):
1. CITY OF TUKWILA
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
Portion of Section 35, Range 23 E, Township 04N
n Full legal is on page document. EX- %/6/.. I%, 1 d/ 0
Assessor's Property Tax Parcel /Account Number
352304 -9014; 352304 -9015; 352304 -9081; 352304 -9082;
352304 -9116
ACCESS EASEMENT
THIS ACCESS EASEM NT AND MAINTENANCE AGREEMENT
( "Easement ") is made as of Q , 20_1,4.( "Effective Date "), by and between
SEGALE PROPERTIES LLC, a Washington limited liability company ( "Segale
Properties ") and the CITY OF TUKWILA, a Washington municipal corporation ( "City ").
The parties to this Easement are referred to herein as "Party" or "Parties," as
appropriate.
RECITALS
A. On or about the Effective Date, the City of Tukwila (the "City ") will vacate
or has vacated pursuant to Ordinance No. 2387 ( "Ordinance ") a portion of the
right of way commonly known as Southcenter Parkway, and alternatively known as
"Frager Road," "Anna Mess Road" and "57th Avenue South" (hereinafter referred to as
"Vacated Road "). Title to the real property comprising the Vacated Road will revert to
Segale Properties by operation of law once the vacation is complete. The Vacated
Road is depicted in Exhibit A hereto.
C. The City has completed the construction of a public works project that
relocated and expanded the right of way previously within the Vacated Road to a
location west of the Vacated Road (the "New Road "). As a result of the public works
project and the associated vacation of the Vacated Road, the parcels legally described
in Exhibits A -1 and A -2 hereto (the "Parcels ") require replacement access to and from
the New Road. The City project includes southerly access to the New Road via City -
owned right -of -way known as the "C -line" which is located to the south of the Parcels,
but does not include access to the New Road to the north of the Parcels.
D. The City project, includes a new road located just north of the Parcels that
intersects with Southcenter Parkway known as the "B- line," which was constructed by
the City to City street standards ( the "B -Line Access "). The B -Line Access is located
on land owned by Segale Properties that is legally described in Exhibit B -1 and depicted
in Exhibit B -2 hereto (the "Segale Easement Area "). The Parties desire to ensure future
access to the New Road over and across the B -Line Access and the Segale Easement
Area for the benefit of the City, the public, and the Parcels.
E. Segale Properties has agreed to grant a perpetual public access
easement to the City, subject to the terms and conditions set forth in this Easement.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the following grants, agreements,
covenants and restrictions are made:
1. Ingress and Egress Easement
Segale Properties grants to the City a perpetual, non - exclusive public access
easement for ingress and egress in, on, over, upon and across the Segale Easement
Area for so long as one or more of the Parcels is owned by a party other than Segale
Properties. This Easement shall terminate, without further action by Segale Properties
or the City, upon Segale Properties acquiring title to each of the Parcels. The City, the
owners of the Parcels, and all other members of the public shall be entitled to use the
Segale Easement Area for the purpose of free and unfettered access by pedestrians
and vehicles between the Parcels and the New Road.
2. Maintenance by the City
The City shall repair, maintain and keep the B -Line Access within the Segale
Easement Area in a safe, good and usable condition at the City's sole cost and
expense.
3. Temporary Haul Road
Segale Properties may construct a temporary haul road ( "Haul Road ") on the
Segale Parcel for use by construction equipment and vehicles. The Haul Road may
cross the B -Line Access in the Segale Easement Area in the approximate locations
noted on the site depiction attached hereto as Exhibit C. Segale Properties shall obtain
all necessary permits prior to construction of the haul road and shall ensure that the
Segale Easement Area is well protected to avoid damage to the roadway, including the
B -Line Access. The Parties acknowledge that Segale Properties may for safety
reasons from time to time impose restrictions on the use of the roadway improvements
on the Segale Easement Area and the adjoining intersection, such as flaggers
regulating traffic flow. Segale Properties use of the Segale Easement Area as a haul
road will not unreasonably interfere with the rights granted to the Parties City and the
public pursuant to this Easement.
4. Indemnity
The City shall indemnify, defend, hold harmless and reimburse Segale
Properties, its partners, officers, agents and employees, from and against and for any
and all liabilities, obligations, penalties, fines, suits, claims, demands, actions, costs and
expenses of any kind or nature, including, without limitation, reasonable architects',
engineers', consultants', experts' and attorneys' fees that may be imposed upon or
asserted against Segale Properties by reason of (a) the City's breach or violation of any
term or provision of this Easement, (b) the City's or the public's presence on,
possession or use of, the Segale Easement Area, and /or (c) any act or omission of the
City or its successors, employees, contractors, subcontractors, licensees, tenants,
guests, members of the public, invitees or agents, except claims caused by and to the
extent of the negligence of Segale Properties. The foregoing indemnity shall include,
but not be limited to, any claims for injury to or death of persons (including, without
limitation, the City's employees), damage to property, nuisance, mechanics' and
materialmen's liens, construction liens, workers' compensation and unemployment
taxes, fines and penalties, and environmental damages.
Segale Properties shall indemnify, defend, hold harmless and reimburse the City,
its officers, agents and employees, from and against and for any and all liabilities,
obligations, penalties, fines, suits, claims, demands, actions, costs and expenses of any
kind or nature, including, without limitation, reasonable architects', engineers',
consultants', experts' and attorneys' fees that may be imposed upon or asserted against
the City by reason of (a) Segale Properties' breach or violation of any term or provision
of this Easement, (b) Segale Properties' presence on, possession or use of, the Segale
Easement Area or the Indemnified Parties' Parcels, and /or (c) any act or omission of
Segale Properties or its successors, employees, contractors, subcontractors, licensees,
tenants, guests, invitees or agents, except claims caused by and to the extent of the
negligence of the City or members of the public. The foregoing indemnity shall include,
but not be limited to, any claims for injury to or death of persons (including, without
limitation, Segale Properties' employees), damage to property, nuisance, mechanics'
and materialmen's liens, construction liens, workers' compensation and unemployment
taxes, fines and penalties, and environmental damages.
5. Notices
Any notice required or permitted to be given under this Easement shall be in
writing and may be given by personal delivery, by certified mail or air courier, and if
given personally or by mail, shall be deemed sufficiently given if addressed to the
Parties at the following address:
If to Segale Properties:
Segale Properties LLC
5811 Segale Park Drive C
Tukwila, WA 98188 (for courier service only)
P.O. Box 88028
Tukwila, WA 98138 -2028 (for mail only)
Attn: Company Counsel
If to City: City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
Attn: City Clerk
Mailed notices shall be deemed given on the third (3rd) business day following
deposit in the United States mail, certified postage prepaid. Notices delivered
personally or by air courier shall be deemed given upon receipt.
6. Binding Covenant
The terms and conditions of this Easement shall constitute covenants running
with the land, and shall burden and benefit the land described herein as well as the
owners of said land and their respective successors and assigns in interest.
7. Attorneys' Fees
Each Party shall pay its respective costs in connection with the negotiation,
drafting, and execution of this Easement. It is the intention of the Parties that in the
event a Party files an action, the Party that substantially prevails in that action shall be
made whole by the other Party. Accordingly, the substantially prevailing Party shall be
entitled to attorneys' fees and all necessary litigation expenses incurred in obtaining
relief, including any appeal arising out of the action. It is the Parties' further intent that
the remedy of an award of attorney's fees and litigation expenses is to be liberally
construed so that the aggrieved Party is put in as good a position as if the other Party
had fully performed.
8. Amendments
This Easement contains all of the covenants and agreements among the Parties
with respect to the matters set forth in this agreement. No prior agreement or
understanding pertaining to the same shall be valid or of any force or effect, and the
covenants and agreements of this Easement shall not be altered, modified or added to
except in writing signed by the Parties, and the original thereof recorded in the real
property records of King County, Washington.
9. Severability
In the event any term, covenant, condition, provision, or easement contained in
this Easement is held to be invalid, voided or otherwise unenforceable, by any court of
competent jurisdiction, such holding shall in no way affect the validity or enforceability of
any other term, covenant, condition, provision, or easement contained in this Easement.
10. Eminent Domain
If any part of any Segale Easement Area is taken by any governmental agency in
the exercise of its power of eminent domain, the award granted under such
proceedings, or any settlement in lieu thereof, for the taking of such property shall be
wholly payable to Segale Properties. If less than all of the Segale Easement Area is
taken, the easements granted herein shall continue in full force and effect with respect
to the portion of the Segale Easement Area not taken. If all of the Segale Easement
Area is taken, the easement granted herein shall terminate.
Entered into as of the date first written above.
CITY OF TUKWILA
A Washington m ,ynicipal cor• oration
BY IM HAG ON
I ' MAYO
SEGALE PROPERTIES LLC,
a Washington limited liability company
By Metro Land De elopme nc.
Its Manager
By:
Name: ark A. Se
Its: Vice - President
STATE OF WASHINGTON )
) ss.
COUNTY OF _ )
On this /% day of evcsx , 20/2, before me, the undersigned, a
Notary Public in and for the St to of Washington, duly commissioned and sworn,
personally appeared Mark A. Segale, to me known to be the person who signed as Vice
President of Metro Land Development, Inc., Manager of SEGALE PROPERTIES LLC,
the limited liability company that executed the within and foregoing instrument, and
acknowledged said instrument to be the free and voluntary act and deed of said limited
liability company for the uses and purposes therein mentioned, and on oath stated that
M. A. Segale was authorized to execute said instrument on behalf of the limited liability
company.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day
and year first above written.
I 11
i4rerl‘iktilkt‘if14% f,
(Signature of otary)
� / y/7,1 -eh e fS
ofilVota
(Print or stamp p ry)
NOTARY PUBLIC in and for the State
of Washington, residing at
My appointment expires: 3
Agar AK(
S
STATE OF WASHINGTON )
COUNTY OF
) ss.
On this ,A19 day of NOYehk- , 201x. before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn,
personally appeared UNM.1 -k *lit" , to me known to be the person who signed as
of the City of Tukwila, the municipal corporation that executed the within
and foregoing instrument, and acknowledged said instrument to be the free and
voluntary act and deed of said limited liability company for the uses and purposes
therein mentioned, and on oath stated that 'Lk-. was authorized to execute said
instrument on behalf of the limited liability company.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day
and year first above written.
galitt;14 -764)7f-
S (Signature of Notary)
tr
o PettsSA. R. !la✓+-
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the St ?te
of Washington, residing at `nAt�
My appointment expires: N igho
Exhibit A -1
to Access Easement
Legal Description of Parcels
Parcel No. 352304 -9014:
THAT PORTION OF GOVERNMENT LOT 6 IN SECTION 35, TOWNSHIP 23
NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF ANNA MESS COUNTY
ROAD (SOUTHCENTER PARKWAY, FORMERLY 57TH AVENUE SOUTH)
AND SOUTHWESTERLY OF A LINE, DESCRIBED AS FOLLOWS: BEGINNING
AT A POINT IN THE SOUTHEASTERLY MARGIN OF SAID ANNA MESS
COUNTY ROAD (SOUTHCENTER PARKWAY, FORMERLY 57TH AVENUE
SOUTH), WHICH POINT IS MARKED BY AN IRON PIPE AND FROM WHICH
POINT THE SOUTHWEST CORNER OF SAID GOVERNMENT LOT 6 BEARS
SOUTH 00° 58' 10" WEST 313.17 FEET SOUTH AND NORTH 89° 01' 50"
WEST 505.54 FEET, SAID DISTANCES BEING MEASURED RESPECTIVELY
AT RIGHT ANGLES TO AND ALONG THE SOUTH BOUNDARY LINE OF SAID
GOVERNMENT LOT; THENCE SOUTH 67° 36' 00" EAST 380.45 FEET TO AN
IRON PIPE; THENCE CONTINUING SOUTH 67° 36' 00" EAST 50 FEET, MORE
OR LESS, TO THE BANK OF GREEN RIVER; SITUATE IN THE CITY OF
TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
Parcel No. 352304 -9081:
THAT PORTION OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23
NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT
A POINT FROM WHICH THE NORTHWEST CORNER OF SAID
GOVERNMENT LOT 7 BEARS SOUTH 00° 58' 10" WEST 313.17 FEET AND
NORTH 89° 01' 50" WEST, 505.54 FEET, SAID DISTANCES BEING
MEASURED RESPECTIVELY AT RIGHT ANGLES TO AND ALONG THE
NORTH BOUNDARY LINE OF SAID GOVERNMENT LOT, SAID POINT BEING
MARKED BY A CONCRETE MONUMENT SET BY R. W. JONES AND ASSOC.
ENGINEERS AND SURVEYORS ON OCTOBER 4, 1966;THENCE SOUTH 67°
36' 00" EAST 248.63 FEET; THENCE SOUTH 23° 57' 22" WEST 352.69 FEET
TO THE TRUE POINT OF BEGINNING; THE NORTH 66° 02' 38" WEST 250
FEET, MORE OR LESS, TO THE EAST LINE OF ANNA MESS COUNTY ROAD
(SOUTHCENTER PARKWAY, FORMERLY 57TH AVENUE SOUTH); THENCE
NORTH 23° 27' 22" EAST 5.14 FEET TO THE NORTH LINE GOVERNMENT
LOT 7; THENCE SOUTH 89° 01' 50" EAST TO BANK OF GREEN RIVER;
THENCE SOUTHWESTERLY ALONG SAID RIVER BANK, TO A POINT THAT
BEARS SOUTH 66° 02' 38" EAST FROM THE TRUE POINT OF BEGINNING;
THENCE NORTH 66° 02' 38" WEST TO THE TRUE POINT OF BEGINNING;
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF
WASHINGTON.
Exhibit A -2
to Access Easement
Legal Description of Parcels
Parcel No. 352304 -9082:
THAT PORTION OF GOVERNMENT 7, SECTION 35, TOWNSHIP 23 NORTH,
RANGE 4 EAST, W. M., DESCRIBED AS FOLLOWS: BEGINNING ON THE
EASTERLY MARGIN OF ANNA MESS COUNTY ROAD (SOUTHCENTER
PARKWAY, FORMERLY 57TH AVENUE SOUTH) IN GOVERNMENT LOT 7, IN
SAID SECTION AT A POINT SOUTH 89 °03'20" EAST 1,656.75 FEET AND
NORTH 00 °56'40" EAST 1,048.79 FEET NORTH OF THE SOUTHWEST
CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 35; THENCE SOUTH
08 °13'05" EAST 36.70 FEET; THENCE SOUTH 19 °59'25" WEST 520.10 FEET;
THENCE SOUTH 73 °05'40" EAST 233.32 FEET; THENCE NORTH 16 °29'55"
EAST 474.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING NORTH 16 °29" 55" EAST 100 FEET; THENCE SOUTH 64 °17'20"
EAST 232.26 FEET TO THE BANK OF GREEN RIVER; THENCE NORTHERLY
ALONG SAID BANK OF GREEN RIVER TO A LINE ESTABLISHED BY DEED
RECORDED UNDER KING COUNTY RECORDING NO. 7308030425; THENCE
ALONG SAID LINE NORTH 66°0Z38" WEST 250 FEET TO A POINT ON THE
EASTERLY MARGIN OF COUNTY ROAD WHICH BEARS SOUTH 25 °01'18"
WEST 5.14 FEET FROM THE NORTH LINE OF SAID GOVERNMENT LOT 7;
THENCE SOUTH 25 °01'18" WEST ALONG SAID ROAD MARGIN TO A POINT
SOUTH 89 °03'20" EAST 1,656.75 FEET AND NORTH 00 °56'40" EAST 1,048.79
FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF
SAID SECTION 35; THENCE SOUTH 08 °13'05" EAST 36.70 FEET; THENCE
SOUTH 19 °59'25" WEST TO A POINT WHICH BEARS NORTH 66 °02'38" EAST
FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 66 °02'38" EAST
211.14 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY
OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
Exhibit B -1
to Access Easement
Depiction of the Segale Easement Area
EXHIBIT B-1 SITE DEPICTION OF THE EASEMENT AREA
SOUTHCEIVTER PARKWAY EXTENSION ( NEW ROAD
SCALE F - 30'
47-01144
DELTA • 51.5656*
RADIUS • 6S50 1
LENGTH = 63.05' /
PC a EASEmarr
PARcEL A
35-004908
LAYER STATE GACO MD EIRCHELL FIOAD VAG
Exhibit B-2
to Access Easement
Legal Description of the Sega le Easement Area
A PORTION OF GOVERNMENT LOTS 6 AND 7 IN THE SOUTHWEST
QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST OF THE
W.M., CITY OF TUKWILA, KING COUNTY, WASHINGTON, BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY RIGHT OF WAY MARGIN OF
SOUTHCENTER PARKWAY EXTENSION (SPE) PER DEED AS RECORDED
UNDER KING COUNTY RECORDER'S NO ;krd ii?j,001.4 jcj AND
SHOWN ON RECORD OF SURVEY AS FILED UNDER KING COUNTY
RECORDER'S NO.200iI6C1 0 000 , SAID POINT BEING OPPOSITE
STATION SPE 134+57.11 AND 41.50 FEET LEFT OF THE CENTERLINE OF
SAID (SPE); THENCE LEAVING SAID EASTERLY RIGHT OF WAY MARGIN
ON A CURVE TO THE LEFT, THE RADIUS POINT OF WHICH BEARS NORTH
60°53'14"EAST 49.50 FEET; THENCE EASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 51°03'27", AN ARC DISTANCE OF 44.11
FEET; THENCE SOUTH 80°10'13"EAST 32.44 FEET TO A TANGENT CURVE
TO THE RIGHT HAVING A RADIUS OF 416.50 FEET; THENCE ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 10°30'41", AN ARC DISTANCE OF
76.41 FEET TO THE BEGINNING OF A COMPOUND CURVE TO THE RIGHT
HAVING A RADIUS OF 103.50 FEET; THENCE ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 71°52'32", AN ARC DISTANCE OF 129.84
FEET; THENCE LEAVING SAID CURVE ON A NON-TANGENT BEARING OF
SOUTH 25°02'01" WEST 6.03 FEET; THENCE NORTH 64°57'59" WEST TO A
POINT ON A NON-TANGENT CURVE TO THE LEFT, THE RADIUS POINT OF
WHICH BEARS SOUTH 76°18'05" WEST 54.50 FEET; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
55°57'01", AN ARC LENGTH OF 53.22 FEET TO THE BEGINNING OF A
COMPOUND CURVE HAVING A RADIUS OF 367.50 FEET; THENCE ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 06°35'14", AN ARC
DISTANCE OF 42.25 FEET; THENCE LEAVING SAID CURVE ON A NON
TANGENT BEARING OF NORTH 85°30'40" WEST 44.30 FEET TO THE
BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF
69.50 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 51°5856", AN ARC DISTANCE OF 63.05 FEET TO A POINT ON THE
AFOREMENTIONED EASTERLY RIGHT OF WAY MARGIN OF SAID
SOUTHCENTER PARKWAY EXTENSION, SAID POINT BEING OPPOSITE
STATION SPE 135+61.16 AND 41.50 FEET DISTANT THEREFROM; THENCE
NORTH 09 °49'47" EAST ALONG SAID EASTERLY RIGHT OF WAY MARGIN
104.05 FEET TO THE POINT OF BEGINNING.
EXHIBIT -c SITE DEPICTION OF HAUL ROAD
BCAIEP -rap'