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Home My WebLink About93-048 - Tukwila Interurban Investments - Interurban Avenue / 52nd Avenue South Easement AgreementhiNnC FILE DATE (-- ZY EASEMENT AGREEMENT This Easement Agreement ("Agreement") is entered into this / day of , 1993 by and between Tukwila Interurban Investments, Inc., a corporation ("Grantor") and City of Tukwila, a municipal corporation zt 11.7.4 Washiigton ("Grantee"). 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. The Grantee is the owner of the right of ways commonly known as Interurban Avenue and 52nd Street located in the City of Tukwila, King County, Washington (collectively, the "Right of Ways"). c. This Agreement sets forth the terms and conditions under which the Grantor will grant the Grantee an easement. 2. Grant of Easement. In lieu of the Grantee condemning the real property described below, the Grantor grants and conveys to the Grantee, its agents and invitees an easement for ingress and egress, sidewalks, utilities and signalization, over, across and under that portion of Parcel A which is legally described on Exhibit "B" attached hereto and incorporated herein by this reference ("Easement"). Further, Grantor grants the public an easement for use of sidewalks within the Easement. 3. Purpose of Easement. The purpose of the Easement shall be for (a) public ingress and egress for sidewalk use; (b) installation of sidewalks; (c) providing utilities, including but not limited to water, electricity and natural gas; (d) installation of signalization for the Right of Ways; and (e) any other use reasonably related to (a) -(d) in this paragraph so long as such other use(s) does not unreasonably interfere with or restrict Grantor's access to and use of the subservient property legally described on Exhibit "A". 4. Indemnification. Grantee agrees to indemnify and hold Grantor harmless from and against any and all claims, liability, losses, costs and expenses, including without limitation attorneys' fees, or damages Grantor may experience or suffer as a result of claims, losses, demands, lawsuits, actions, and/or judgments against or experienced by Grantor arising from or attributable to Grantee's negligence or otherwise improper use of the Easement. 5. General Provisions. a. Notices. Any notice required or desired to be given under this Agreement shall be deemed given if in writing delivered to the party, or sent by certified mail to the address listed below for that party: Grantor: Tukwila Interurban Investments, Inc. Grantee: City of Tukwila 6300 Southcenter Blvd., Suite 100 Tukwila, WA 98188 Attn: Department of Public Works b. Applicable Law. This Agreement 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 Agreement shall be exclusively in the state and federal courts of King County, Washington. c. Attorneys' Fees. In the event that any suit or other proceeding is instituted by either party to this Agreement arising out of or pertaining to this Agreement or the relationship of the parties, including but not limited to filing suit or requesting an , arbitration, mediation, other alternative dispute resclion process (collectively, "Proceedings"), and appeals and collateral actions relative to such a suit or Proceeding, the substantially prevailing party as determined by the court or in the Proceeding shall be entitled to recover its reasonable attorneys' fees and all costs and expenses incurred relative to such suit or Proceeding from the substantially non -prevailing party, in addition to such other relief as may be awarded. d. Entire Agreement. This Agreement contains the entire Agreement between the parties with respect to this matter. It may not be modified except in a writing signed by the party against whom enforcement of the modification is sought. e. Waiver. The waiver by a party of a breach of any provision of this Agreement 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. f. Severability. If for any reason any portion of this Agreement 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 Agreement and the remaining portions of this Agreement shall remain in -full force and effect. g. Binding Effect. This Agreement 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 shall be appurtenant, shall touch and concern the real property described herein, and shall run with the land. DATED this / 5 day of (--e�.1� , 1993. GRANTOR: Tukwila Interurban Investments, Inc., a Washington orpora on By: Its: Date: 0-14-1 )J /U3 GRANTEE: City of Tukwila, a municipal corporation By. Its: Date: STATE OF WASHINGTON) SS COUNTY OF KING On this 15vtt day of 'NI , 19 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Loc -/ ✓1. 5 ra_vde r , to me known to be the s r' d e n of Tukwila Interurban Investments, Inc., a Washington co poration that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument and that the seal affixed (if any) is the corporate seal of said corporation. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year in the certificate abo Qe /� et S' ......�.v- ,( if y Napart 11 ii s ..*-- = 2 = Vv •,•IiiOF WAs�$ � NO ARY PUBLIC and o the tate ��3� Washington, residing at My Commission Expires STATE OF WASHIlON ) ss. COUNTY OF KING ) THIS IS TO CERTIFY that on this / day ofd, 19 ffl , before me, the undersigned, a notary public and for the state of Washington, duly commissioned and sworn, personally appeared j kt) /� -ivies , to me known to be the 4>/a of the City of Tukwila, the municipal corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said trust for the uses and purposes herein mentioned, and on oath stated that he was authorized to execute said instrument. WITNESS my hand and official seal the day and year in this certificate first above written. m uumm„ p(QIC ry Public iand for the State of Washington, ding at . 4 4 9',a.5 , . 1 EXHIBIT A • o3' C)' \�� cv /w 0Q,.----I----i-T. _ E, H .Q �: ;� m'0) m U. cp ; m �; Ni v. N r --i 0 -moo\ o J. aj Q ; 1O .-!--.cfl Z CD ; CO CO : r7' CO \O 1..)I z •w.z:(f) Cr) .cn Cf)z W :U "77 O --%, �\ H- , (l) o . c m r•-: CT O z1 1 O s ' EXHIBIT B PERMANENT EASEMENT A pel_manent easement for sidewalks, slopes, and utilities in the northwest 1/4, Section 14, Township 23, Range 4 E.W.M. in the City of Tukwila: Said easement described as follows; BEGINNING at the most northerly corner of parcel B as shown on that certain survey recorded in volume 78 of surveys page 232 records of King County, WA; thence southerly along the westerly margin of Interurban Avenue South a distance of 30.65 feet; thence North 64-56-25 West a distance of 20.43 feet; thence South 80-24-00 West a distance of 9.06 feet; CQ thence South 61-49-54 West a distance of 9.94 feet; - thence South 54-25-35 West a distance of 7.02 feet; O thence South 34-19-38 West a distance of 4.73 feet; thence North 86-09-47 West a distance of 9.28 feet to the O southeasterly margin of 52nd Street; CO thence northerly along said southeasterly margin a distance 'r of 40.03 feet to the POINT OF BEGINNING. Containing an area of 336 square feet more or less.