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Home My WebLink About2004 - Agreement and Easement for Sanitary Sewer Lift Station - Wheaton Gerald / Wheaton Jane - 20040503000010City of Tukwila City Clerk' Office 6200 Southcenter Blvd. Tukwila, WA 98188 206 -433 -1800 Document Titles: A 0 e 1r env e scree r rfl7c 9 Reference Number(s) of related documents Grantor(s) (Last, First, Middle Initial) I1v l-1 -e 4- AJ Grantee(s) (Last, First, Middle Initial) Ce 4L0 4- =.12 Legal Description (abbreviated form: ie., lot, block, plat or section, township, range. quarter /quarter n ^rcr 3 Z OO T Ni✓ r Iy /ti.- 2 4 Assessor's Property Tax Parcel/Account Number 2r 7 2o Ito —d P/forms/ recording sheet ilt j Hill J tIJ Li 20040503000010 PUBLIC PAGE001 OF 007 AG 25.00 05/03/2004 08:46 KING COUNTY, WA ENTD MAY 0 3 2004 Additional Reference #'s on page Additional Reference #'s on page Additional Reference #'s on page EA 2r 1 no 6'.€A -lo 7224 r 5 Additional Reference #'s on page Additional Reference #Ps on page AGREEMENT AND EASEMENT FOR SANITARY SEWER LIFT STATION w� This agreement made this z7 day of C_�f 2004, between Gerald A. Wheaton. Jr. and Jane Wheaton, husband and wifc "Wheaton" herein) and the City of Tukwila, a Washington Municipality (`'Grantee" herein); WHEREAS, Wheaton is the owner of Tract 32, Second Addition East Riverton Garden Tracts, King County, Washington; and WHEREAS, Grantee desires an easement for a sanitary sewer lift station on Wheaton's property at a location more specifically described as herein below; Now, therefore, in consideration of Sixty thousand dollars and no cents (S60,000.00) and other good and valuable consideration in hand paid receipt of which is hereby acknowledged, and in consideration of the performance by Grantee of the covenants, terns, and conditions hereinafter set forth, Wheaton hereby conveys and Quit Claims to the Grantee the following easement: An exclusive perpetual easement over, across, along, in, upon, and under that portion of Wheaton's property described in Exhibit "A" attached hereto and by this reference made a part hereof for the purpose of installing, constructing, operating, maintaining, removing, repairing, replacing, and using the sanitary sewer lift station and appurtenances thereto (herein the "Improvements"). The terms "easement" and "easement area" in this instrument refer to the easement herein granted on Wheaton's property and as described on the attached Exhibit "A 1. Cost of Construction and Maintenance. Grantee shall bear and promptly pay all costs and expenses of construction and maintenance of the Improvements. 2. Compliance with Laws and Rules. The Grantee shall construct, maintain and use the Improvements in accordance with the requirements any statute, order, rule or regulation of any public authority having jurisdiction. 3. Required Prior Notice and Approval of Plans and Specifications. Prior to any installation, alteration, replacement or removal of the Improvements or any other major activity by Grantee on Wheaton's Property, Grantee shall give Wheaton written notice thereof together with preliminary plans and specifications for the same at least one (1) month prior to the scheduled commencement of such activity. Nothing herein shall be deemed to impose any duty or obligation on Wheaton to determine the adequacy or sufficiency of the Grantee's plans and specifications, or to ascertain whether Grantee's construction is in conformance with the plans and specifications approved by Wheaton. 4. As -Built Survey. Upon Wheaton's request, Grantee shall promptly provide Wheaton with as-built drawings and survey showing the location and elevations of the Improvements on Wheaton's property. 5. Access. The Grantee shall design, construct, maintain and use its Improvements in such fashion as to permit reasonable access to Wheaton's Property. Grantee shall at all times keep Wheaton's Property free and clear of all obstructions and equipment. 6. Termination for Cessation of Use. In the event Grantee ceases to use the Improvements for the period of five (5) successive years, this Agreement and all Grantee's rights hereunder shall terminate and revert to Wheaton. 7. Release and Indemnity. Grantee does hereby release, indemnify and promise to defend and save harmless Wheaton from and against any and all liability, loss, cost, damage, expense, actions and claims, including costs and reasonable attorney's fees incurred by Wheaton in defense thereof, asserted or arising directly or indirectly on account of or out of (1) acts or omissions of Grantee and Grantee's servants, agents, employees, and contractors in the exercise of the rights granted herein, or (2) acts and omissions of Wheaton in its use of Wheaton's Property which affect Grantee's employees, agents, contractors, and other parties benefiting from said Improvements; provided, however, this paragraph does not purport to indemnify Wheaton against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of Wheaton or Wheaton's agents or employees. 8. Successors. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. 9. Liability. In the event of any assignment of the rights hereunder, the liability of Grantee and its assignees shall be joint and several. 10. Utility Relocation. Grantee shall relocate natural gas and water service lines to a mutually agreeable location determined in the field by both parties. EXECUTED as of the date hereinabove set forth. ACCEPTED: GRAN 1 EE CITY OF \VILA PROP)yikTY OWNERS By: OV1rvl ciei v �gti v 1 J G e er ralld A. Wheaton Jr. Its: By: Its: AGREEMENT AND EASEMENT STATE OF WASHINGTON County of A. D 0 S Qx`S•gtON 't,t�� t OTAR U y areuc f t, y'.i6. nb kk tt „WAS\ At ss. On this 23rd day of 'Mardi 2004, before me personally appeared C era A. Wh eafon and -Tone. S. Wheaton to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal the day and year last above written. (P:Laurie AdminlliketAereement Easement for SS Lift Station) (.C.Ucz a. /l".2 a,c Notar print name A I i e e A. D e ac.y Notary Public in and for the State of Washington, residing at Renfori My Appointment expires 6-) 6 4 AGREEMENT AND EASEMENT STATE OF WASHINGTON County of 1,11 2004, before me personally and to me known to be the individual/ described in and who executed the foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. On this 27 day of appeared +CNCJ 1 M GIVEN under my hand and official seal the day and year last above written. tf Notary (print name) f_ ,lit H I key' Notary Public in and for the State of Washington, residing at kLLICrT11C1, My Appointment expires 0 9 07- EXHIBIT "A" Legal Description of Whole Parcel Tract 32, Second Addition East Riverton Garden Tracts, according to the plat thereof recorded in Volume 12 of Plats, page 79, in King County, Washington; EXCEPT any portion thereof as originally platted lying below the line of ordinary high water of the Duwamish River. Legal Description of Easement to Tukwila for the Lift Station Beginning at the Southeast Comer Tract 32, Second Addition East Riverton Garden Tract. thence N 55 01' -00" W a distance of 40.00 feet; thence N 34 59' -00" E a distance of 30.00 feet; thence S 55 01' -00" E a distance of 40.00 feet to the North Margin of 56 Avenue South; thence S 34 59' -00" W a distance 30.00 feet along the North Margin of 56 Avenue South to the point of beginning.