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Home My WebLink About1982 - Temporary Right of Entry Permit - Segale Mario A / Segale Business Park - 8203300460TEMPORARY RIGHT OF ENTRY PERMIT IN THE MATTER OF: South 180th Street Storm Drain Repair KNOW ALL MEN BY THESE PRESENTS, that the Grantor, MARIO A. SEGALE, a married man dealing in his separate property and estate, d /b /a SEGALE BUSINESS PARK, hereby grants to the CITY OF TUKWILA, WASHINGTON, a municipal corporation, and its CONTRACTORS AND AGENTS, the right, privilege and temporary permit to enter the following described property, for a period commencing on the date hereof and terminating 60 days hereafter, for the purpose of carrying out repair activities to the storm system located at the southeast corner of the intersection of South 180th Street and Andover Park West including emergency pumping, storage of materials and equipment, and temporary shoring and dewatering: That portion of the property described on Exhibit "B" which is shown on Exhibit "A both of which exhibits are attached hereto and by this reference made a part hereof; all located in the City of Tukwila, King County, Washington. Subject to the following additional terms and conditions to which the City of Tukwila agrees for and on behalf of itself and its contractors and agents: 1) The City of Tukwila agrees to restore the property to its original condition at the termination of this agreement including, but not limited to, removal of all rubble and excess excavation material, and fine grading of all disturbed areas. 2) The City of Tukwila and its contractors and agents hereby release Grantors and agree to indemnify, hold and defend harmless Mario A. Segale, Segale Business Park, M. A. Segale, Inc., and their officers, employees, agents, tenants, guests, and invitees harmless from any and all liabilities, claims, damages, costs and expenses, including attorney's fees and including claims and damages for destruction of property and injury or death to any persons arising out of any direct or indirect act, omission, or neglect or of any of their activities on or about the premises or Grantors adjacent property, and whether or not any such damage, etc. is caused jointly, or in part, by the parties indemnified hereunder. PROVIDED HOWEVER, this paragraph does not purport to require the City and its contractors and agents to indemnify the parties indemnified hereby for their own sole negligence. 3) The parties understand and agree that the streets within Segale Business Park (including, but not limited to, Andover Park West from 180th Street South) are private streets owned by Grantor. The City of Tukwila agrees that it and its contractors and agents shall be responsible for all traffic signalization, signing, barricading and safety in the vicinity of the permit property and its operations hereunder. 4) It is understood that the City of Tukwila has previously entered Grantor's property and placed a pump station and drain line from Andover Park West to the Green River. In the process of doing so, the City dug into the river dike and also eroded away a portion of the dike from pump flows. The City has since made repairs to the dike. It is agreed that the City of Tukwila shall be responsible for any present or future damage it has done or may do to the dike and /or other property or persons from it or its contractors' and agents' operations on the dike and Grantor's property; and agrees to make any restoration or repairs which may be necessary in the future due to its activities on or about the dike. This paragraph is in no way intended to limit any responsibilities of the City by law or as otherwise contained in this permit, and is included to set forth a specific concern of the Grantor. 5) The City and its contractors and agents shall at all times conduct their activities on the premises so as not to interfere with, obstruct or endanger the Grantor's facilities and property, or the Grantor or its employees, agents, tenants, guests, invitees or persons who may be on or about the premises or Grantor's adjacent property. 6) The covenants contained herein on behalf of the City of Tukwila and its contractors and agents to be kept shall survive the termination of this permit, and termination shall not release CD them from any obligation or liability contained herein or arising ,O hereunder. �-r CD 7) The City of Tukwila agrees that it will neither cause nor suffer this permit to be recorded. CD 8) This agreement and the rights and obligations hereunder are binding on the parties hereto, the City's contractors and agents, and their respective successors and assigns. t DATED THIS day of 1982. GRANTOR: MARIO A. SEGALE, a married man dealing in his separate property and estate, d /b /a SEGALE BUSINESS PARK, Mario A. Segale ACCEPTED AND AGREED by the CITY OF TUKWILA, WASHINGTON, for and on behalf of itself and its contractors and agents: CITY OF TUKWILA Public Work's Director BY: A L /ABA of STATE OF WASHINGTON) ss. COUNTY OF KING On this day personally appeared before me MARIO A. SEGALE, a married man dealing in his separate property and estate, d /b /a SEGALE BUSINESS PARK, known to me 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. C7 CD of z 1982. c_GIVEN under my hand and official seal this day ce) 9 jj am?. N�TARY PURL C in and for the State o l hingto_n, residing STATE OF WASHINGTON) ss. COUNTY OF KING On this 3 o day of Mr 1982, before me, the undersigned, personally appeared ph j[. p /i.Fra. and Fro. 1 Dodd to me known to be the I�c�tr�g C Vi (c5 D,re,tt r and pl a 4oy respectively, of the CITY' OF TUKWILA, WASHINGTON, a municipal corporation, the corporation that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were 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 the day and year last above written. 2/e NO'TAR'Y PUBLIC in and for the State of 1 residing at ST uc:4y CORRUG.. `C S TEE D6n N PIPE 1 L 2 10 W. 10" W ST 3 0 DG— z! cr cI 0 MANHOLE PTO BE ADJ ST I I E i. 48" N. 12.42 M.H. 8 RIM 21.97 I.E. 60" W. 12.55 I.E. 60" S. 11.32 E T o L EXIST 66 CONC. WASHINGTON STATE DRAINAGE PIPE 60 71) 0.4:40# Ritfret r 13 LINE 12" CONC. DRAIN PIPE 'k &Y :;e" E 9 TOGETHER WITH: TOGETHER WITH: SEGALE BUSINESS PARK esfWat 411 44i;, The Southwest quarter of the Northeast quarter; and that portion of the Southeast quarter of the Northwest quarter lying easterly of the Anna Mess County Road; all in Section 35, Township 23 North, Range 4 E.W.M.; EXCEPT county road; and EXCEPT portion thereof included within the following described tract: Beginning at the Northwest corner of the Southwest quarter of the Northeast quarter of said Section 35; thence along the North line thereof South 88 54'46" East 247.29 feet; thence South 5 51'40" East 142.26 feet; thence South 54 52'45" West 203.79 feet; thence South 29 °26'45" West 159.30 feet; thence South 86 58'00" West 103.76 feet; thence South 58 °20'50" West 100.50 feet to a point on the center of the road; thence following the center line of said road North 8 °43'18" East 467.77 feet to a point on the North line of the Southeast quarter of the Northwest quarter of said Section from which the Northeast corner thereof bears South 88 53'32" East 101.47 feet; thence South 88 53'32" East 101.47 feet to the point of beginning; and EXCEPT That portion of the Southwest quarter of the Northeast quarter of Section 35, Township 23 North, Range 4 E.W.M., described as follows: Beginnin at a point on the North line of said subdivision distant South 88 54'46" East 449.30 feet from the Northwest corner thereof; thence North 88 °54'46" West along said North line 202.01 feet; thence South 5 51'40" East 142.26 feet; thence South 54 52'45" West 203.79 feet; thence South 29 West 159.30 feet; thence South 88 54'46" East 424.89 feet to a point from which the point of beginning bears North 1 °05'14" East; thence North 1 05 1 14" East 401.77 feet to the point of beginning; EXCEPTING therefrom the county road; and EXCEPT a portion of the Southeast quarter of the Northwest quarter of Section 35, Township 23 North, Range 4 E.W.M., described as follows: Beginning at the Northeast corner of said subdivision; thence North 88 °53'32" West along the North line thereof, 101.47 feet; thence South 8 °43'18" West 477.17 feet; thence South 17 West 247.69 feet to the true point of beginning; thence continuing South 17 °59'30" West 151.00 feet; thence South 71 °43'40" East 203.51 feet; thence North 16 28'50" East 151.08 feet; thence North 71 West 199.53 feet to the true point of beginning; EXCEPTING therefrom the county road. All of Government Lot Five (5), and that portion of Government Lot Six (6) lying easterly of the existing county road which extends in a northeasterly direction over and across said Government Lot 6, all in Section Thirty -five (35), Township Twenty -three (23) North, Range Four (4) E.W.M.; EXCEPT therefrom that portion of said Govern- ment Lot 6, lying easterly of said road and southwesterly of a line described as follows: Beginning at a point on the southeasterly margin of said road which point is marked by an iron pipe, and from which point the southwest corner of said Government Lot 6 bears south 0 °58'10" west 313.17 feet, and north 89 °01'50" west 505.54 feet, said distances being measured, respectively, at right angles to and along the south boundary line of said Government lot; and running thence south 67 °36'00" east 380.45 feet to an iron pipe; thence continuing south 67 36'00" east 50 feet, more or less, to the bank of Green River. That portion of Government Lot 2 in Section 35, Township 23 North, Range 4 E.W.M. lying West of Green River.