HomeMy WebLinkAbout1994 - Easement and Maintenance Agreement - Wells et al / Bain Val - 9404131438The purpose of this Easement *shall be for the City and its agents and invitees and
the public to use the Easement as a pedestrian park trail. The City, its agents and
invitees and the public shall be entitled to use the Easement area for any purpose
reasonably related to and consistent with that of a pedestrian trail including but not
limited to performing any maintenance and improvements thereon at the City's
sole discretion.
4. Maintenance
The City shall be solely responsible for the maintenance of the Easement at the
City's sole cost and expense; and the City shall maintain the trail in a neat and
orderly fashion and in good repair and with adequate trash receptacles.
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AFTER RECORDING, RETURN TO:
.LANE CANTU
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CITY CLERK
CITY F T UKWILA Ct� OF TUKWILA
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�i. o SoUTHCgNM BLVD.
CITY F TuKwi
BLVD.
TuKwILA, WA 98188 WA
EA SEMENT AND MAINTENANCE
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T Maintenance Agreement d
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as ment and is entered into as of the of
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94, by and between the City of Tukwila, a Washington municipal
corporation "City and Val Bain, as her separate estate "Bain and Duane A. Wells
and Gertrude A. Wells, husband and wife "Wells
1. Recitals
a. Bain and Wells each own an undivided one -half (1/2) interest in that certain
real property legally described Exhibit "A" attached hereto and incorporated
herein by this reference "Parcel 1
b. The City, its agents and invitees and the public desire the right to use a
portion of the real property as a City pedestrian trail.
c� c. The parties enter into this Agreement to set forth the terms and conditions of
an easement to be granted by Bain and Wells in favor of the City.
O 2. Grant of Easement
C3,' In consideration of the payment of Twenty Thousand and no /100 Dollars
($20,000.00) by the City to Bain and Wells, Bain and Wells hereby acknowledge
and grant to the city, its agents and invitees and the public, a non exclusive
easement over, across, upon and under that portion of Parcel 1 as legally
described on Exhibits "A" and "B" attached hereto and incorporated herein by this
reference "Easement').
3. Purpose of Easement
The purpose of this Easement *shall be for the City and its agents and invitees and
the public to use the Easement as a pedestrian park trail. The City, its agents and
invitees and the public shall be entitled to use the Easement area for any purpose
reasonably related to and consistent with that of a pedestrian trail including but not
limited to performing any maintenance and improvements thereon at the City's
sole discretion.
4. Maintenance
The City shall be solely responsible for the maintenance of the Easement at the
City's sole cost and expense; and the City shall maintain the trail in a neat and
orderly fashion and in good repair and with adequate trash receptacles.
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5. Acknowledgments
The parties acknowledge the following:
a. The Easement is within the City's "River Environment Zone."
b. The granting of the trail easement and trail construction shall not affect
any other requirements for developing this property, including but not
limited to:
the current location of the Shoreline river Environment;
ii, the flood protection requirements, except that the property owner
will be given credit for 500 cubic yards of water storage to be built
by the City in conjunction with trail construction; and
iii. the parties agree that the design and construction of river bank
improvements shall satisfy current flood protection standards and
would support reasonably expected future property development
without reconstruction.
e. This Easement shall not become final and binding until the City shall
have prepared a construction diagram showing the location of the
easement and all permanent improvements within the easement area
which drawings shall be attached to and become a part of this
Agreement at such time as they are approved by the City for
construction of the trail.
f. The consideration paid by the City for the Easement is a compromise
settlement accepted by Bain, Wells, and Wells and the City in lieu of
condemnation and has no relation to the true value of the Easement,
which is greater.
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c. With respect to the City's requirements for storm water storage in the
Green River channel, the existence of the Easement shall not adversely
affect or limit the development of Parcel 1; provided, that any and all
other federal, state, county and City laws and regulations shall be
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applicable to Parcel 1.
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d. In connection with Grantor's development of Parcel 1, the City grants to
the Grantor the right to use the Easement granted to fulfill the
landscaping requirements bordering the trail in connection with the
development of Parcel 1. It is the intention of this Agreement that the
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Grantor shall not be required to use any of its property outside the river
environment area to meet the City's development landscaping
requirements on the river side of Parcel 1; and the requirements for
landscaping along the trail shall be so structured by the City so that
Grantor will not have to use any portion of Parcel 1 outside the river
environment area for landscaping requirements for the side facing the
river.
e. This Easement shall not become final and binding until the City shall
have prepared a construction diagram showing the location of the
easement and all permanent improvements within the easement area
which drawings shall be attached to and become a part of this
Agreement at such time as they are approved by the City for
construction of the trail.
f. The consideration paid by the City for the Easement is a compromise
settlement accepted by Bain, Wells, and Wells and the City in lieu of
condemnation and has no relation to the true value of the Easement,
which is greater.
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6. General Provisions
a. Notices: Any notice required or desired to be given under this Contract
shall be deemed given if in writing delivered to the party, or sent by
certified mail to the address listed below for that party:
Name
City of Tukwila
Attention: Don Williams
Duane and Gertrude Wells
Val Bain
Address
6200 Southcenter Blvd.
Tukwila, WA 98188
26252142nd Avenue S.E.
Kent, WA 98042
307 West Hi -Crest Drive
Auburn, WA 98001
b. Binding Effect: The Easement and this Agreement shall be appurtenant
to, shall touch and concern the real property described herein, shall run
with the land, and shall be binding upon and inure to the benefit of the
administrators, personal representatives, successors, transferees,
assigns, heirs and all persons claiming by, through or under the parties
hereto.
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c. 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,
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Washington.
d. 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
Cr,
this Agreement or the relationship of the parties, including but not limited
to filing suit or requesting an arbitration, mediation, or other alternative
dispute resolution 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.
e. 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.
f. 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.
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g. 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.
h. Liability: During and after construction of the pedestrian trail, if any
liability causing event should occur within the easement, and if the
Grantors are named or subjected to any claims or legal action from such
event, the City agrees to defend such claims or action on its own behalf
and behalf of the Grantor at its sole cost and expense; and to hold the
Grantor harmless from any costs, attorneys, fees, claims or demands.
To the extent any of the damages referenced by this paragraph were
caused by or resulted from the concurrent negligence of Grantor, its
agents or employees, this obligation to indemnify, defend and hold
harmless is valid and enforceable only to the extent of the negligence of
the City, its officers, agents, and employees.
CITY OF TUKWILA
Val Bain Date
uane A. ells i Da e
Gertrude A. Wells Date
P h n Tukwila Ci Attorney
Y
Date: 3�/
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Title:
Date:
CD
Id
Approved as to form:
uane A. ells i Da e
Gertrude A. Wells Date
P h n Tukwila Ci Attorney
Y
Date: 3�/
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4
STATE OF WASHINGTON
COUNTY OF KING
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Q:
I certify that I know or have satisfactory evidence that
,c� (A l� is the person who appeared before me, and
aid p
serson acknowledged that he /she signed this instrument, on
oath stated the he /she was a uthorized to execute the instrument and
acknowledged it as the l x— of the CITY OF TUKWILA to
be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
WITNESS my hand and official seal hereto affixed the day and
year first above written.
F, e ll
i•;nature of Notary
Printed Name of Notary
NOTARY PUBLIC in and for the
State of Washington.
My commission expires 9
STATE OF WASHINGTON
COUNTY OF KING
On this day personally appeared before me VAL BAIN, to me
known to be the individual described in; and who executed the
within and foregoing instrument,. and acknowledged to me that she
signed the same as her free and voluntary act and deed, for the
uses and purposes therein mentioned.
GIVEN under my hand and official seal this f� day of
VVEORMY 1994.
Signature of Notary
Printed Name of Notary
NOTARY PUBLIC in and for the
State of Washington.
My commission expires �n
WELLS —LEAS
5
STATE OF WASHINGTON
COUNTY OF KING
M
CY')
On this day personally appeared before me DUANE A. WELLS and
GERTRUDE A. WELLS, husband and wife, to me known to be the
individuals described in, and who executed the within and foregoing
instrument, and acknowledged to me 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 this day of
awmaamV, 1994.
Signature of Notary
IvV ��L
Printed Name of Notary
NOTARY PUBLIC in and for the
State of Washington.
My commission expires
WELLS —LEAS
AN EASEMENT ACROSS THE FOLLOWING DESCRIBED PROPERTY:
ALL THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 23
NORTH, .RANGE 4 EAST, W.M., LYING SOUTHEASTERLY OF THE
SOUTHEASTERLY MARGIN OF SOUTHCENTER BOULEVARD AS DEEDED TO THE
CITY OF TUKWILA IN AUDITOR'S FILE NUMBER 7708040599, RECORDS OF
KING COUNTY, WASHINGTON, ALSO LYING SOUTHWESTERLY OF THE
SOUTHWESTERLY LINE OF LOT 1, TUKWILA SHORT PLAT 88 -1 -SS, AS
RECORDED UNDER KING COUNTY RECORDER'S NUMBER 8807210416, AND THE
SOUTHEASTERLY.EXTENSION OF SAIA SOUTHWESTERLY LINE ALSO LYING
NORTHEASTERLY OF THE NORTHEASTERLY MARGIN OF INTERURBAN AVENUE
SOUTH, ALSO KNOWN AS WASHINGTON STATE HIGHWAY 2M, AND LYING
NORTHWESTERLY OF THE GREEN RIVER.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
C) COMMENCING AT A MONUMENT IN A CASE ON INTERURBAN AVENUE SOUTH
BEING WASHINGTON STATE HIGHWAY ENGINEERS STATION 124 +31.07(2M);
THENCE SOUTH 59 °32 EAST ALONG INTERURBAN AVENUE SOUTH 343.37
C`r) FEET TO A BRASS SURFACE MONUMENT;
THENCE CONTINUE SOUTH 59 0 32 1 54" EAST 0.56 FEET TO WASHINGTON.
p STATE HIGHWAY ENGINEERS STATION 127 +75.00 AND THE INTERSECTION OF
SOUTHCENTER BOULEVARD;
THENCE NORTH 30 °27 EAST 78.36 FEET TO THE EAST MARGIN OF
INTERURBAN AVENUE SOUTH;
THENCE SOUTH 59 0 32 1 54" EAST ALONG SAID MARGIN 171.08 FEET TO THE
TRUE POINT OF BEGINNING;
THENCE NORTH 35 °57 EAST 58.54 FEET;.
THENCE NORTH 44 °25 EAST 43.00 FEET TO THE WEST LINE OF SAID
TUKWILA SHORT PLAT 88 =1 -S$;
THENCE SOUTH 59 0 32 1 54""EAST ALONG SAID WEST LINE 30.00 FEET;
THENCE SOUTH.33 0 53 1 13 11- WEST 100.18 FEET TO THE EAST MARGIN OF
INTERURBAN AVENUE'SOUTH,
THENCE NORTH 59 °32'54" WEST ALONG SAID MARGIN 40.00 FEET TO THE
TRUE POINT OF BEGINNING.
aw am b wil [11lx'ro1lE =lAT% X
CONSULTING KNGINEI:RS
4010 'STONE WAY NORTH
WASHINGTON 98103
206) 632.2664
Hough Beck Baird 91514.100
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EXNIBiT A
Re:
Description of a Permanent Trail Easement
Across Duane Wells Property
South of Southcenter Boulevard
AN EASEMENT ACROSS THE FOLLOWING DESCRIBED PROPERTY:
ALL THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 23
NORTH, .RANGE 4 EAST, W.M., LYING SOUTHEASTERLY OF THE
SOUTHEASTERLY MARGIN OF SOUTHCENTER BOULEVARD AS DEEDED TO THE
CITY OF TUKWILA IN AUDITOR'S FILE NUMBER 7708040599, RECORDS OF
KING COUNTY, WASHINGTON, ALSO LYING SOUTHWESTERLY OF THE
SOUTHWESTERLY LINE OF LOT 1, TUKWILA SHORT PLAT 88 -1 -SS, AS
RECORDED UNDER KING COUNTY RECORDER'S NUMBER 8807210416, AND THE
SOUTHEASTERLY.EXTENSION OF SAIA SOUTHWESTERLY LINE ALSO LYING
NORTHEASTERLY OF THE NORTHEASTERLY MARGIN OF INTERURBAN AVENUE
SOUTH, ALSO KNOWN AS WASHINGTON STATE HIGHWAY 2M, AND LYING
NORTHWESTERLY OF THE GREEN RIVER.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
C) COMMENCING AT A MONUMENT IN A CASE ON INTERURBAN AVENUE SOUTH
BEING WASHINGTON STATE HIGHWAY ENGINEERS STATION 124 +31.07(2M);
THENCE SOUTH 59 °32 EAST ALONG INTERURBAN AVENUE SOUTH 343.37
C`r) FEET TO A BRASS SURFACE MONUMENT;
THENCE CONTINUE SOUTH 59 0 32 1 54" EAST 0.56 FEET TO WASHINGTON.
p STATE HIGHWAY ENGINEERS STATION 127 +75.00 AND THE INTERSECTION OF
SOUTHCENTER BOULEVARD;
THENCE NORTH 30 °27 EAST 78.36 FEET TO THE EAST MARGIN OF
INTERURBAN AVENUE SOUTH;
THENCE SOUTH 59 0 32 1 54" EAST ALONG SAID MARGIN 171.08 FEET TO THE
TRUE POINT OF BEGINNING;
THENCE NORTH 35 °57 EAST 58.54 FEET;.
THENCE NORTH 44 °25 EAST 43.00 FEET TO THE WEST LINE OF SAID
TUKWILA SHORT PLAT 88 =1 -S$;
THENCE SOUTH 59 0 32 1 54""EAST ALONG SAID WEST LINE 30.00 FEET;
THENCE SOUTH.33 0 53 1 13 11- WEST 100.18 FEET TO THE EAST MARGIN OF
INTERURBAN AVENUE'SOUTH,
THENCE NORTH 59 °32'54" WEST ALONG SAID MARGIN 40.00 FEET TO THE
TRUE POINT OF BEGINNING.
aw am b wil [11lx'ro1lE =lAT% X
CONSULTING KNGINEI:RS
4010 'STONE WAY NORTH
WASHINGTON 98103
206) 632.2664
Hough Beck Baird 91514.100