HomeMy WebLinkAbout2013 - Encroachment into City Right-of-Way Agreement - Tegegn Dawit / Muche Tarike - 20130801000816 After recording return document to:
City Tukwila 2013080100081
Office e of the City Clerk �+
6200 Southcenter Blvd CITY OF TUKWIL AG-RER 76.00 v
Tukwila,WA 98188 PAGE-001 OF 005
08/01/2013 10:15
KING COUNTY, WA
Document Title: Agreement for Encroachment into City Right-of-Way
Grantor: City of Tukwila
Grantee: Dawit Tegegn and Tarike Muche
Legal Description: Portion of the SW1/4, of the SE1/4; of Sec. 15, T23N., R4E., W.M.
(a.k.a.) Tract 11 of Riverton Macadam Road Tracts 2nd Addition, according to the plat
thereof, recorded in Volume 16 of Plats, Page 90, Records of King County, State of
Washington.
Assessor's Tax Parcel Number: 734820-0055
AGREEMENT FOR ENCROACHMENT INTO CITY RIGHT-OF-WAY
WHEREAS, Dawit Tegegnt and Tarike Muche ("Grantee")built a concrete block
wall and filled ("Concrete Wall and Filled") in the City of Tukwila(the "City"), right-of-
way at 4218 S. 142"d Street, under Building permit no. D13-063; and
WHEREAS, Grantee recognizes that the City possesses police powers granted to
it by the Washington State Constitution, Art, XI to regulate its rights-of-way and to
generally provide for the public health, safety, and welfare; and
WHEREAS, the City likewise has the legal authority to abate any obstructions or
encroachments of its rights-of-way or utility easements under RCW 7.48; and
WHEREAS, Grantee recognizes that should the City at any time require access to
the right-of-way at the location described above, the City has the authority to remove any
obstructions or encroachments on the right-of-way, including the concrete block wall and
fill, and shall charge the cost.of such removal to the Grantee or other responsible property
owner; and,
WHEREAS, Grantee recognizes that the City also has the authority to file a
lawsuit requiring removal of any obstructions or encroachments in the right-of-way;
NOW THEREFORE, in consideration of the promises and mutual covenants of
the parties set forth herein, the sufficiency of which consideration is hereby
acknowledged, IT IS HEREBY AGREED AS FOLLOWS:
Right-of-Way Use. The City hereby grants to the Grantee, the right and
permission to use the City right-of-way for the installation,repair, and maintenance of a
concrete block wall constructed within the portion of the right-of-way shown in Exhibit
"A". This permission shall run with the land for the benefit of Grantee and its successors
and assigns. Grantee's ability to use the City right-of-way is not exclusive and the City
may require relocation in the future.
In exchange for and in consideration of the City's agreement to forbear any filing
of a lawsuit requiring removal of the obstruction or encroachment created by Grantee on
the right-of-way located at the address above and as shown on Exhibit"A", Grantee
agrees to these terms and conditions and agrees to defend, indemnify, and hold the City
harmless as follows:
Grantee agrees to defend, indemnify and hold harmless the City from any and all
claims for damages brought by any party regarding the concrete block wall, its location,
maintenance, and repair of the same, and shall defend, indemnify and hold harmless the
City from all liability for the City's actions taken, if any, to remove the encroachment or
obstruction from the City's right-of-way in the event the City is required to do so to
install, construct, repair, or otherwise maintain utilities within the City's right-of-way.
This indemnification shall include damages, costs, and reasonable attorney's fees, and
shall not apply with respect to any willful or negligent tortious act or omission of the
City.
Whenever the City determines that it is necessary for any of Grantee's facilities to
be moved or relocated to accommodate the construction, alteration, repair, or
improvement of the right-of-way for purposes of public welfare, health, or safety, City
shall notify Grantee in writing of such determination, and Grantee shall, within thirty(30)
days, submit plans for such relocation. Within ninety(90) days of the approval by the
City of the plans for relocation, Grantee shall relocate the concrete block wall and fill.
All costs of moving or relocating such facilities and fill shall be the sole responsibility of
Grantee.
If during the construction process Grantee or its contractor/subcontractor damages
utilities or other public or private property, Grantee shall immediately call 911 if the
damage results in a release of natural gas or other hazardous substance or potentially
endangers life, health, or property.
If, during construction or following completion of the concrete block wall, any of
Grantee's action or lack of action to correct a situation related to the concrete block wall
that threatens life,health, or property, the City may order Grantee to immediately correct
said emergency situation, or at the City's discretion, undertake measures to correct the
situation itself. Grantee shall be liable for all costs, expenses, and damages attributed to
the emergency as undertaken by the City. The City shall be reimbursed of all costs
within thirty(30) days of the completion of the emergency project.
P
STATE OF WASHINGTON)
)ss.
County of King )
I certify that I know or have satisfactory evidence that Dawit Tegegn and Tarike Muche are the
persons who appeared before me, and said individuals acknowledged that they signed this
instrument and acknowledged it to be their free and voluntary act for the uses and purposes
mentioned in this instrument.
el GIVEN under my hand and official seal this � day of 2013.
���aa�ti„pis+ NOT Y PUBLIC in and for the State of
�` p, 1'++++� Washington residing at 1 r2,,J Coco.yz"OP NON" A Cri,��� My commission expires: \0 ^ t at^ l 5
I t, s•
s
iyl/"'i 0 19•h4OZ
i l
b"NZOF wAS
EXHIBIT `A'
1I TYP.FILL MATERIALS 11 111 1 BEHIND BLOCK WALL
12"DRAINING ROCK u ; \ �i w ■
@ BASE z
24"SANDY LOAM H
@ TOP 1 I z
I w z I
Co
II � of I \ [......
II ELEV.94.5 --► � ELEV.91.0 I-J TOP OF BLOCK WALL BASE OF BLOCK WALL I \ °
W I 0 I
4'BLOCK WALL w
EX.ELEV.92.0 I •--- EX.ELEV.91.0 t CO
FIN.ELEV.94.5 --• ; FIN.ELEV.91.0 30
/ j \ W
/ 1 I
I
PROPERTY 0 I
01 LINE CC
on ems am no 4■Lco ow'moo on co 4mIliP moo no CO I
I o ROW 7
m
ELEV.94.5 H
I
BLOCK WALL EX.ELEV.94.0- i
FIN.ELEV.94.5
�' EX.WATER LINE
EX.ELEV.91.0
FIN.ELEV.91.0 _
ELEV.91.0 OF BLOCK WALL CO) BASEO \
/
S. 142 ND ST. -•
/_ - - - - - -* -- -- --
0 \
N.T.S.
This Agreement shall be recorded with King County Records and Grantee shall
pay the cost of said recording.
This Agreement shall be a covenant running with the above described real
property and burden said real estate, and shall be binding on the successors, heirs and
assigns of all parties hereto.
CITY OF TUKWILA Dawit Tegegn and Tarike Muche
Bob Giberson
Public Works Department
1644 AaeAla'°-1 (-MUM/
Approved as to form.
Attorney for the City of Tukwila
STATE OF WASHINGTON
COUNTY OF KING
On this day,before me personally appeared BOB GIBERSON to me known to be the
PUBLIC WORKS DIRECTOR for the City of Tukwila, and executed this instrument on behalf of
the City of Tukwila in his capacity as PUBLIC WORKS DIRECTOR and acknowledged that he
is authorized to do so at their free and voluntary act and deed, for the uses and purposes therein
mentioned.
GIVEN under my hand and official seal this 31'± day of
flY1L%- 2013.
```����. � �� �� e� (.tt��(,1.CO. i.u�l,`e W'r k
N
N TARP PUBLIC in and for the State of
�T Washington residing at l CAk �►k
11".0 2�� ARC My commission expires: D 5-0-'/-/
VA/4
Voir