HomeMy WebLinkAbout91-162 - City of Seattle - Bow Lake Pipeline Right-of-Way #4 (Cedar River Pipeline)
11 -01 -91
A ALE 11
DATE
CITY OF SEATTLel PARTMENT
PERMIT AGREEMENT
EP26.33.1
THIS AGREEMENT is entered into by and between the CITY OF SEATTLE, a municipal
corporation of the State of Washington, hereinafter called the "City and The
City of Tukwila, hereinafter called "Permittee for and in consideration of the
mutual benefits and terms and conditions herein below set forth in greater detail, to
provide for the use by the Permittee of certain real property owned by the City.
WHEREAS, the City owns in fee the BOW LAKE PIPELINE RIGHT -OF -WAY, aka the Cedar
River Pipeline No. 4 Right -of -Way (CRPL #4 R /W), a 30 -feet wide right -of -way con-
taining a 60 -inch concrete water pipeline located in part adjacent to Permittee's
property, and
NOW, THEREFORE, it is mutually agreed by the City and Permittee as follows:
1. Permittee is hereby granted a revocable permit to construct, operate and
maintain a wood frame bridge structure 6 -feet in width with footings a minimum of
8.00 feet from the centerline of CRPL #4 R/W for a pedestrian path along the westerly
margin of Klickitat Drive, (per Reid Middleton Consultant Engineering Plan No.
21 -88 -033), described as follows:
Beginning at the southwest corner of Section 23, Township 23 North, Range 4
East, W.M., King County, Washington;
Thence East 88 °12'00" West, along the south line of said section a distance of
1,200 feet;
Thence North 07 °58'42" West, 13 feet to the south margin of the City of
Seattle's 30 -foot wide CRPL No. 4 R/W and the True Point of Beginning
(T.P.O.B.);
Thence continuing North 07 °58'42" West, a distance of 30 feet to the north
margin of CRPL No. 4 R /W;
Thence west along the north margin of CRPL No. 4 R/W a distance of 6 feet;
Thence south a distance of 30 feet to the south margin of the CRPL No. 4 R /W;
Thence east along the south margin of the CRPL No. 4 R /W, a distance of 6 feet
to the T.P.O.B.
2. A permit application fee in the amount of $500.00 is required; and an annual
rental fee of $100.00 is due on or before the effective date of this agreement, which
shall be November 15, 1991.
3. The City shall at all times have free access to the permit area for the
operation, maintenance and repair of its water pipeline or for any other purpose, and
Permittee agrees that the City shall not be responsible for the restoration or repair
of any of Permittee's improvements destroyed or damaged during such operation,
repair, maintenance or other purposes, and Permittee shall not be entitled to payment
for damages for any loss of use of the permit area during such operation, maintenance
and repair, other than a pro -rata credit for prepaid rent. Permittee agrees that no
change in the existing grade within or adjacent to the permit area shall be made
except with prior approval in writing from the City's Superintendent of Water.
4. It is understood and agreed that Permittee will operate and maintain the
permit area in a clean, safe and orderly condition at all times. As a condition of
the issuance of this permit, Permittee shall, at Permittee's own cost and expense,
provide and maintain a waste -free surface upon the permit area and provide for the
disposal of the surface storm drainage water from the permit area. Permittee also
agrees to reimburse City for any costs incurred resulting from the removal of
Permittee's structure and improvements in the event City needs to repair, upgrade or
replace City facilities.
5. Permittee agrees, upon receiving a bill therefor from the City, to promptly
pay for any loss or damage to the City's pipeline, the right -of -way, or other City
facilities caused by or resulting from the use by Permittee or anyone else of the
permit area. And further agrees at all times to protect and save harmless the City
from all claims, actions, suits, or damages of every kind and description which may
accrue to or be suffered by any person or persons by reason of the use or occupancy
of said permit area. In case any action or suit shall be instituted or begun against
the City for damages arising out of or by reason of such occupancy, Permittee shall,
upon notice of commencement of such action or suit, defend the same at its sole cost
and expense. And in case judgment shall be rendered against the City in any such
actions or suits, Permittee shall fully pay and satisfy such judgment within ninety
days after such action or suit shall have been finally determined.
Page 1 of 2
6. Permittee has inspected and examined the physical condition of the permit
area including improvements thereon, and accepts the permit area in its present
condition, and any expense incurred in mutually agreed upon alterations, improvements
or repairs, in said permit area, shall be borne by the Permittee. Permittee cove-
nants that no representations, statements or warranties, expressed or implied, have
been made by or on behalf of City with respect to the condition of the permit area or
the use or occupancy that may be made thereof, and that City shall in no event be or
become liable to Permittee for latent or patent defects in the permit area.
7. Permittee shall be liable for, and pay throughout the term of this permit,
the State Leasehold Excise Tax, all taxes on the property of the Permittee installed,
operated and maintained on the City's property, any taxes on any property interest
deemed by the King County Assessor, or other official of the State of Washington,
King County or other taxing entity responsible therefor, created by this permit and
shall otherwise fulfill all fiscal obligations required by law.
8. This permit is not transferable without written permission from City's
Superintendent of Water.
9. This permit is revokable upon thirty days notice by either the City's
Superintendent of Water for any violation of the terms and conditions herein
described or Permittee. Upon revocation by either party, any prepaid rental fees for
periods extending beyond the termination of this agreement will be refunded to
Permittee by City.
10. The terms of this agreement shall be enforceable unless revoked. If
revoked, permittee agrees to quit and surrender the permit area in as good state or
condition as now exists, ordinary wear excepted, to remove from said area all pro-
perty of Permittee, and to restore that portion of said area affected by Permittee's
facilities to a condition at least equal to that existing prior to the construction
of said Permittee's facilities, all subject to the approval of the City's
Superintendent of Water.
ACCEPTED BY CITY OF TUKWILA
By LLf
Tit1
APPROVED
SEATTLE WATER DEPARTMENT
By 11JJ 42-? n
Super ten ent of Watt?
Date jd y/
Page 2 of 2
Date
r� /Zz /qr
EP26.33.2
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.
APR 06 '92 09 42 SWD /PROJ SUP -COMM REL P.3
Flood Protection Levee, cont.
Page 2 July 24, 1991
x
Tukwila agrees that Seattle shall not be liable for damage
to said flood protection levee within said easement area, or
for the reconstruction of said flood protection levee by
reason of such work or operations beyond reasonable
restoration of the levee to a condition equal to that
existing prior to such work.
4. Except when an emergency exists, it is expressly
understood and agreed that before any construction,
reconstruction, replacement, enhancement, or substantial
repair of said flood protection levee within the easement
area is made by Tukwila or its agents, plans shall be
supplied to Seattle Water Department for approval prior to
the commencement of such work. Such plans shall indicate
the permanent grade established, depth of cover over any
existing pipelines and appurtenances, and schedule for
actual construction. No such construction or improvements
for flood protection levee purposes shall be undertaken
without the prior written approval of Seattle's
Superintendent of Water. Such approval shall not be
unreasonably withheld and, in any event, Seattle shall
respond within three (3) months of receipt of such plans.
Forty -eight (48) hours' notice shall be given to Seattle
Water Department, Transmissions Section at (206) 255 -2242,
prior to the actual start of any construction or
improvements. When an emergency exists, Tukwila shall
notify Seattle of such work as promptly as is practicable.
5. Any altering, moving, adjusting or repairing of
pipelines and /or other Seattle facilities required by the
rights herein granted to Tukwila for said flood protection
levee shall be performed by Seattle at no cost to Seattle.
All such costs shall be reimbursed to Seattle by Tukwila.
Enhancements or upgrades to Seattle facilities made in
conjunction with such work shall be at Seattle's expense.
6. It is also understood and agreed that Tukwila,
their contractors or agents, shall have the right to recover
from the land above described such flood protection levee
materials as may be deposited thereon resulting from any
occurrence.
7. To the fullest extent permitted by law, Tukwila
agrees for itself, its successors and assigns, to defend,
indemnity and save harmless Seattle, its elective and
appointed officials and employees from and against any and
all claims, actions or damages of any kind or description,
including the cost of defense thereof, which may accrue to
or be suffered by any person, persons or property by reason
of Tukwila's sole negligence or, if caused by Tukwila's
concurrent negligence, limited to the extent of Tukwila's
concurrent negligence in the use of said easement area or in
the exercise of the rights and privileges granted under this
easement.
8. This easement shall run with the land and be
binding upon and inure to the benefit of the parties hereto
and their respective successors and assigns.
IN WITNESS WHEREOF, pursuant to the provisions of
Ordinance No. 115 Rl1 of THE CITY OF SEATTLE, said City has
caused this instrument to be executed by its Mayor and City
Comptroller thereunto duly authorized and has caused its
corporate seal to be hereunto affixed this aptt day of
)t trI;54r, 1991.
STATE OF WASHINGTON
COUNTY OF KING
Dated: 0
ss.
ACCEPTED BY THE CITY OF TUKWI
THE CITY 0 SEATTLE
B
No iaard J. rook
City Comptroller
I certify that I know or have satisfactory evidence
that NORMAN B. RICE and NORWARD J. BROOKS are the Mayor and
City Comptroller of THE CITY OF SEATTLE, respectively; that
each signed this instrument; that the seal affixed is the
seal of the CITY OF SEATTLE; that Mayor Rice stated on oath
that he was authorized to execute the instrument and
Comptroller Brooks that he was authorized to affix the City
seal; and each acknowledged the instrument to be the free
and voluntary act of the City for the uses and purposes
mentioned in the instrument.
L )774/44 (Ireit_2
Notary blic in and for
the St t of Was ing
residin at
My appointment expires 02
this
day of ,1991.
&40-!(_1.1, V4K Qtl 6 se
Title: 144ag4
ff :mlp:' C t'' t t A i EXHIBIT "B"
_24_51' :h 1L( fa:'.5:�
%i) -r 'WARRAI\ lY DEED
c (STATUTORY FORM) iG`F,.lssi _Al
ti
il
Inc
Grantor _HERMAN_ f t ANDERSOK._and _RLCE L.: ANTDERSall
residing at
a
for and in consideration of QZIS T 135 !t1SUlingt_AVlDS19
and noi100 (11.116,501---- _Dollars in hand paid, convey____ and
warrant____ to___Tb a City of Seatti _a I 1 111ILia3Ra1_ AQ•morAtistn.,..
the grantee____ the following described real estate
A strip of land 30 feet in width over and across a portion of Government
Lot 1, Section 25; the northeast one quarter of Section 26; and the W.H.
Gilliam Donation Land Claim No. 40 in Section 23; all in Township 23 North',
Range 4 East, W.M.; and over and across Tract 4, The Interurban Addition
to Seattle, the center line of which said strip is described as follows;
Beginning at the southwest corner of said Tract 14; .thence on the west
line of said tract north a distance of 15 feet; thence on a line parallel
to the south line of said Tract 14 south 88 °25'27" east a distance of
168.43 feet to the true point of beginning; thence continuing on said line.
south 88 °25 east a distance of 1282.97 feet to a point that is north
88 °25127" west a distance of 555.99 feet and north 1 °34'33" east a distance
of 15 feet from the northeast corner of said Section 26; thence south-
easterly on the arc of a curve to the right having a radius of 920 feet,
N and through a central angle of 2$°41'00 a distance of 412.4.0 feet to 1.
—point of tangency; thence south 62 °41 east along said tangent, a .1
distance of 330.66 feet to point of curve; thence southeasterly along the
M arc of a curve to the left having a radius of 920 feet and through a
pcentral angle of 24 °28'45 a distance of 393.06 feet to point,of tangency
thence south 87 °13'12" east to an intersection with the low water line on
the left bank of Green River,. excepting therefrom the rights —of —way of
any King County Roads crossing said strip; all bearings being referred to
the Lambert Grid as used in the Aerial Survey for King County Washington;;'
together with the right to enter upon, occupy and damage, during the
construction of the b0 —inch watermain in said right -of —way, a strip of
land 30 feet in width, the north and northeasterly line of which said
strip, coinciding with the south and southwesterly lines of said 30 —foot
right —of —way;
situated in the County of__4i49
Dated 4_72i4_L[RIT ...3Q
Signed in presence of
STATE OF WASHINGTON,
County of
Notary Public in and for the State of Washington
at do hereby certify that on his 311
day of__ s i ll pzrsonaliy appeared before me cam
ilea- .........e ij 11147.2 11147.2 G2_ Lo._._ c_x11
10 51 krywn to be the Indivldual_..S__descrtbcd
signed and sealed the same
and u in herein mentioned.
%c I V (MISER MY IIAND AND OFFICIAL
p tf �i
i
88.
f Notary. Public In a for the State of Washington. residlneat
State of Washington.
(INDIVIDUAL ACKNOWLEDGMENT)
residing
in and ho executed tho within instrument and acknowledged that
as free and voluntary act and deed for the uses
SEAL this IZ
day of
in said County.
.1
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s
1
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1
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THIS INDENTURE, add this
STATE OF COUNTY OF1lKINOt10TON is By—
EXHIBIT'C•
RIVER pBOTECTTON EASEMENT
Notary Publics in and tar the stare 0
day
of u
Kim County Rawl Proptrty Dtvtilq EXCISE TAX' QUIRED
King Co. Records Divi:Aon
Depub'
on, roe
Rig prase
Vila 2 'R'
on o�e State o ae ngton,
elver
between
Orentor, an• ng cunt;*, a ego au
Orantess
WITNESSB.TH, that first party, in conaidoration of mural tenants
r eceipt of which is acknowledged, and the benefits whim will accrue ,.o
the land of Grantor by the exercise of the rights heratn granted, do hereby
1'oRiae, rolesee and forever grant unto the Grantee, its successors
t' and
etdted
*aligns, sn essemont and right «nf'way for the purposes
within
along the Left Sink of Crean River
strip of land"""' Toet in wLcitfl tnar psrsai
Tax Lot 39.
Fortino of Government tat 1 beguniztn at a pt. 110.30 fast Eder of the M.W. eornsv$ ASSN.
South 00'14'00" raft 970 foot; Thence Eat 369 ft. mote or Lets to tba 117 lie* of said
Govert:aeatt Lott Thence Nly to the North lino; thence Wait to Rationing' ow LAWS,
ripe Una R/W, LISB ;;cads. ;notion 23. •ItwesIip 13 North, Rant& 4 ;fast L•
30 tt. aaaamen,' along the left. bank of Groan River, •iving Kitts County the•tight to
construct and ietsia soy flood control device remove► brush growth and true., ALSO
any raasuaabla access necessary for River pr•:vemant Work.
Motet To King Coutatj, its successors and assigns...
Said e•aemsnt and right -of -way ere for the following purposes:
right to enter upon the above deaoribed land to construct, reconstruct.
''maintain and repair a bank protection and /or other flood control worka,•,
-including all appurtenances thereto, together with right to trite, out,
dell slid remove all such trees, brush •nd other natural growth snd obatruat•
lona •s are neoeaaary to provide adequate clearance and to eliminate inter-
Terence with, or hazards to the structures.
The consideration above mentioned, is-■ooepted vs full oompenastion
to the exorcise of the right. abovegrantdd.
To havo and to hold, all and singular, the said esaement end right-
jot -uoy, together with appurtenances, unto Orantee, its euoce■sora and
-assigns.
IN WITUESS WOEREOF the Orsntor 'hereunto est their hand,' the daj'
and year above written.
Filed For Recor At T Request 01 t Q
ei,„:,, P..
s
1.1
f•
and Sv1vla D.
On this day appeared befor' me uobart D. Van woardan
Van woerdan
to me known to bo the fndivldusi a deacri n aod Nno exaouteCThe
foregoing instrument, and at:knowr ged to me that the signed the
an
aaMO as their froo and voluntary net a. Beed, for the wag•
and purpoaaa Charein mirra'. shed•
Oivon under y hind and'ottioial �a2 the meth
my
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ORDINANCE 1 i 58 I-
EP24.35.1
AN ORDINANCE relating to the Water Department; authorizing an Easement
Agreement to the City of Tukwila for Flood Protection Levee purposes
across a portion of the City of Seattle's Cedar River Pipe Line No. 4
Right -of -Way, (CRPL 14 R /W) aka Bow Lake Pipe Line, adjacent to the
Green River located in Government Lot 1, Section 25, Township 23
North, Range 4 East, W.M., King County, Washington.
5
WHEREAS, The City of Seattle acquired a strip of land 30 feet in width for
6 a watermain, (Bow Lake Pipe Line), right -of -way under authority of
City of Seattle Ordinance No. 79665; deed recorded under King County
7 Auditor's file No. 4106155, Volume 3020 of Plats, page 351; and
WHEREAS, King County requested 1991 Federal assistance in providing flood
8 protection from the Green River; and
9 WHEREAS, the Green River Flood Control Project has been designed to provide
flood protection to the City of Tukwila and a portion of unincor-
10 porated King County; and
WHEREAS, the City of Tukwila has taken over sponsorship of the proposed
11 1991 project within the city limits of Tukwila; and
C. 12 WHEREAS, Federal assistance is contingent upon the local sponsor furnishing
N evidence of sufficient real estate interest in all lands within the
13 project area to satisfy requirements of the U.S.. Army Corps of
N Engineers for the construction, operation, maintenance,reconstruction
E 14 and inspection of a flood protection levee; and
WHEREAS, an approximately 900 square foot portion of the City of Seattle's
fee owned CRPL f4 R/W lies within the proposed project area; and
WHEREAS, the City of Seattle's CRPL /4 R/W and properties owned and /or
occupied by customers of Seattle's regional water supply system will
benefit from the proposed flood protection project; Now, Therefore,
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. That, as recommended by the Superintendent of Water and
the Mayor in the attachments hereto; the Mayor is authorized to execute and
the City Comptroller to attest for and on behalf of the City of Seattle an
Easement Agreement, substantially In the form of Exhibit "A attached
hereto, granting to Tukwila an easement for flood protection levee purposes
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 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.
Cs 19.2
Nd SOO S0 13a AB003 MN IN DO=FF=;; WT- 126016
(SEAL)
Published
31
(To be used for all Ordinances except Emergency.)
for and in consideration of Five Hundred and no /100 Dollars ($500.00), and
the benefits which will accrue to the land by exercise of the rights granted.
After execution b the parties nd with the King County
t
Department of Records and Eletttoiis;"t original Easement Agreement will
be delivered to Tukwila a"'t6 'fT1 ea with the City Comptroller.
Monetary consideration be the Water Fund.
Section 2. Any act consistent with and prior to the effective date-of
this Ordinance 1s hereby ratified and confirmed.
Section 3 Thin ordinance shall tab effect and be in force thirty days from and after its passage and
approval, if approved by the Mayor; otherwise it shall take effect at the time it shall become a law under the
provisions of the city charter.
Passed by the City Council the tit day of 19f1,
and signed by me in open session in authentication of its passa e this
lff 7f.
kr
Filed by me this 01 day of
President Y11 of the City Council.
Approved by me this 9° day of eat 19
Attest:
X4
,19g
EP24.35.2
yT;
l `v
day of
Mayor.
iSulf-h-$)
City Comptroller and City Clerk.
Deputy Clerk.
cs •.,.s