91-162 - City of Seattle - Bow Lake Pipeline Right-of-Way #4 (Cedar River Pipeline)

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APR 06 '92 09:42 SWD /PROJ SUP -COMM REL EXHIBIT FLOOD PROTECTION LEVEE EASEMENT AGREEMENT P.2 THIS EASEMENT AGREEMENT, made this date by and between THE CITY OF SEATTLE, a municipal corporation of the State of Washington, hereinafter referred to as "Seattle" and THE CITY OF TUKWILA, a municipal corporation of the State of Washington, hereinafter referred to as "Tukwila WITNESSETH: That for and in consideration of Five- Hundred and no /100 Dollars ($500.00), the mutual covenants and agreements hereinafter set forth, and the benefits which will accrue to the land by exercise of the rights herein granted, it is agreed by and between the parties hereto as follows: 1. Seattle hereby grants to Tukwila, and to such governmental agencies as may become its successors or assigns, a perpetual easement for the purposes of construction, reconstruction, replacement, enhancement, repair, maintenance, operation, inspection and patrol of a flood protection levee over, through, along and across the following described real property in King County, Washington: That portion of the Cedar River Pipe Line No. 4 Right -of -Way (aka Bow Lake Pipe Line) as defined in the instrument recorded under King County Auditor's File No. 4106155 (Exhibit "8 in Government Lot 1, Section 25, Township 23 North, Range 4 East, W.M., lying between the extensions of the northwesterly and southeasterly lines of that certain 30 foot wide River Protection Easement granted to King County by instrument recorded under Auditor's File No. 7608040557 (Exhibit "C Said Exhibits "B" and "C" are attached hereto and by this reference made a part hereof. 2. Seattle retains, in its ownership of the underlying fee, the right to grant or deny permission to use or occupy the easement area for any other purpose, provided that such use or occupancy shall not unreasonably or permanently conflict or interfere with the flood protection levee. The use of said property by Tukwila for flood protection levee purposes shall in no way otherwise interfere with the present or future use of said property by Seattle for water pipeline or other purposes. 3. Seattle shall have the right to operate, maintain, inspect, repain and patrol water pipelines and related facilities or other Seattle improvements within said easement area. Seattle shall also have the right to construct, reconstruct, replace, enhance, and make significant repairs to water pipelines and related facilities or other Seattle improvements within said easement area, provided that Tukwila shall be notified in advance of any such work, except when an emergency exists.