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Home My WebLink About92-103 - Saghi James - Plaza One Building Easement Agreement1 1 • '._) 1 \ l t. TEMPORARY EASEMENT AND AGREEMENT THIS AGREEMENT is made this j 9 day of / i 41 1992, between the CITY OF TUKWILA, a Washington municip.1 corporation (the "City") and JAMES M. SAGHI, a married man as his separate estate (the "Owner"), with reference to the following facts: RECITALS: A. Owner is the fee simple owner of certain improved real property located in the City of Tukwila, King County, Washington, commonly known as 14675 Interurban Avenue South and legally described in attached Exhibit A incorporated herein by this reference (the "Property"); B. On or about November 30, 1903, a twenty (20) foot wide right-of-way, now known as South 147th Street, was dedicated by Hillman Investment Company, in connection with the plat of Hillman's Seattle Garden Tracts (the "Right -of -Way"). A portion of the Right -of -Way is situated adjacent to and between Parcel 1 07 and Parcel 2 of the Property described in attached Exhibit A. .O OC. The Right -of -Way has never been opened or improved for public use as a street, but the City of Tukwila maintains that a O portion of the Right -of -Way has been used as a public trail since Q" 1978. v N tT D. In conjunction with the construction of an office building and related improvements on the Property in 1986, the City required certain improvements to be constructed at Owner's expense on the Right -of -Way, consisting of a walkway, sidewalks and other related improvements for what is known as "Tukwila Trail No. 1," which trail is located within the Right -of -Way, and which improvements were completed by Owner and approved by the City. E. On or about October 7, 1986, the City and Owner entered into an Easement Agreement, recorded as King County Recorder's No. 8610071344, by which the parties granted, each to the other, mutual easements and rights (the "Prior Easement"). F. In connection with a recent survey ("Survey") of the Property, dated March 24, 1992, showing the location of the building and other improvements on the Property, an issue has arisen regarding a potential encroachment of a portion of the office building on the Property into the Right -of -Way as the result of a potential projection of the southwesterly corner of the building 0.4 feet south of the "deed line", as shown on the survey map attached as Exhibit B, and the impact of such potential encroachment on applicable building code and setback requirements. Owner has not approved the results of the Survey and does not waive any rights to contest the accuracy of the Survey; however, Owner and the City wish to avoid any delay or uncertainty which may result from challenging the accuracy of the Survey as to such a small potential encroachment. 18001952/081192/1218 G. The City and Owner now want to enter into a temporary easement and agreement granting to Owner the right to maintain the existing office building and related improvements where they presently exist and acknowledging that the office building on the Property, as it presently exists, does not constitute an encroachment into the Right -of -Way for building code and land use purposes on a temporary basis until the Right -of -Way can be relocated to eliminate the potential building encroachment. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the parties hereby agree as follows: 1. Confirmation of Prior Easement. Owner hereby confirms the Prior Easement and the prior grant and conveyance to the City, its successors and assigns, of a permanent, non-exclusive easement solely for pedestrian trail purposes on, over and across the existing concrete sidewalk and asphalt trail within the Right -of -Way, as shown on the survey map attached as Exhibit B, as part of the City's Tukwila Trail No. 1, and a non-exclusive easement for ingress and egress over and across the paved road and parking portions of the Property for the sole purpose of maintaining Tukwila Trail No. 1 on that portion of the Right -of -Way adjacent to the Property. The parties confirm that, *JO as provided in the Prior Easement, Owner shall not obstruct or block Tukwila Trail No. 1, and the City shall not obstruct or CD block parking on the Property or ingress or egress to and from O the Property. C` O CQ2. Encroachment. The City hereby confirms the Prior l?` Easement and grants to Owner, its successors and assigns, a non-exclusive easement for ingress, egress, utilities (subject to Owner obtaining any required permits from the City for installation of any such utilities), location of the existing building, and for uses reasonably related to use of the Property on, over and across that portion of the Right -of -Way which passes through or is bordered by the Property. The City acknowledges and agrees that, with the granting of this temporary easement until the Right -of -Way can be permanently relocated away from the southwesterly corner of the existing office building, for building code, setback and related building and land use purposes, the existing building and related improvements on the Property do not constitute an encroachment into a public street or right-of-way nor any related violation. This temporary agreement is intended to remain effective until the Right -of -Way can be relocated by means of a land exchange between Owner and the City whereby an equal amount of land owned by Owner along the opposite boundary of the Property, as shall be approved and agreed on by Owner and City, will be exchanged for the land to be received by Owner upon relocation of the Right -of -Way. Neither party will compensate the other for any land to be received or conveyed in the exchange. It is presently estimated that the land exchange can be completed within a period of approximately ninety (90) days from date hereof. Owner and the City agree to exercise due diligence and use their best efforts to complete the land exchange described herein as promptly as reasonably possible. This temporary agreement and the temporary easement granted herein shall automatically terminate and expire upon the earlier of (a) completion of the land exchange, or (b) one (1) year from date of recording of this Agreement, unless extended by written agreement. 18001952/081192/1218 - 2 3. Successors and Assigns. Subject to the termination provision contained in paragraph 2 above, the easements, covenants and agreements contained herein shall run with the land and shall inure to the benefit of and bind the successors and assigns of the parties hereto. DATED the day and year first above written. CITY: CITY OF TUKWILA By tet, OWNER: STATE OF WASHINGTON COUNTY OF KING ) ) ) SS. I Alem ' tcJC James M. Saghi I certify that I know or have satisfactory evidence that 44) ier-s signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the in,6440 Jt. of the CITY OF TUKWILA, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. ENNIS 0 NOTARY a PUCLIC cp -,x/04 nWAtSNA\- STATE OF CALIFORNIA ) ss. COUNTY OF SAN FRANCISCO ) Dated ace__ z`7- / 9" a NY PUBLIC in and for the S a of Washington My Commission Expires: Q-9'-9'3 On this 01,1 day of Au 61— , 1992, before me personally appeared JAMES M.(SAGHI, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. OFFICIAL SEAL PENNY M EVANS NOTARY PUBLIC - CALIFORNIA SAN FRAMCI9C0 COUNTY My comm. expires APR 26, 1994 18001952/080692/1554 Title: Notary Public My appointment expires: ' th 0.d - 3. - EXHIBIT A PARCEL 1: LOTS 1, 2 AND 3, BLOCK 15, HILLMAN'S SEATTLE GARDEN TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 24, IN KING COUNTY, WASHINGTON; EXCEPT THE NORTHEASTERLY 40 FEET THEREOF CONDEMNED FOR ROAD PURPOSES IN KING COUNTY SUPERIOR COURT CAUSE NUMBER 109001; TOGETHER WITH AN EASEMENT FOR EXISTING DRIVEWAY OVER AND ACROSS THE SOUTHERLY 5 FEET OF THE EASTERLY 315 FEET OF LOT 4 IN SAID BLOCK; EXCEPT THE NORTHEASTERLY 40 FEET THEREOF CONDEMNED AS AFORESAID. PARCEL 2: () THE NORTH 250 FEET, AS MEASUREDALONG THE WEST LINE OF LOT 2, INTERURBAN ADDITION TO SEATTLE, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 O OF PLATS, PAGE 55, IN KING COUNTY, WASHINGTON; EXCEPT THAT PORTION OF LOT 2, INTERURBAN ADDITION TO SEATTLE, ACCORDING TO CD THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE 55, IN KING COUNTY, CD WASHINGTON, DESCRIBED AS FOLLOWS: CQ BEGINNING AT THE NORTHWEST CORNER OF SAID LOT; THENCE SOUTH ALONG THE WEST LINE OF SAID LOT 250.00 FEET; THENCE NORTH 89 DEGREES 37'52" EAST 178.40 FEET; THENCE NORTHWESTERLY TO A POINT ON THE NORTH LINE OF SAID LOT WHICH IS NORTH 89 DEGREES 37'52" EAST A DISTANCE OF 10.00 FEET FROM THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 37'52" WEST 10.00 PFT TO THE POINT OF BEGINNING, ALL IN SECTION 23, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. PARCEL 3: A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS, AND UTILITIES AS ESTABLISHED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 8610071344.