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Home My WebLink About2002 - Water and Electrical Utilities Easement Agreement - King County / City of Seattle - 20020521001112After recording send to: City of Seattle SPU Real Estate Services/VVTR 710 Second Avenue 10' Floor Seattle, WA 98104 20020521001112 SEATTLE PUBLIC EAS 17.00 PAGE 001 OF 009 05/21/2002 10:59 KING COUNTY, WA• WATER AND ELECTRICAL UTILITIES EASEMENT AGREEMENT Reference No.: Grantor: Grantee: Legal. Description: Tax ID No.: none King County The City of Seattle Portions of Lots 1 through 7, inclusive and portions of Lots 12 and 13, together with portions of West Marginal Place South adjoining Lots 1 through 13, inclusive, Gordon's Addition No. 2, Volume 36 of Plats, page 42 (full legal descriptions attached) portions of 284380 -0005, 284380 -0010, 284380 -0015, 284380 -0020, 284380 -0025, 284380 -0030, 284380 -0035, 284380 -0040, 284380 -0045, 284380 -0050, 284380 -0055, 284380 -0060 & 284380 -0065 THIS EASEMENT AGREEMENT made this 4-4 day of 1 yher -200/ , by and between KING COUNTY, a Home Rule Charter County of the State of Washington, hereinafter called "Grantor ", and THE CITY OF SEATTLE, by and through its Seattle Public Utilities Department, a municipal corporation of the State of Washington, hereinafter called "Grantee "; WITNESSETH; Grantor intends to and has applied for permits to develop an intertidal estuary on a parcel of undeveloped land (the "Cecil Moses Memorial Park ") located in Tukwila, Washington. The site of the Cecil Moses Memorial Park currently contains certain street rights -of -way, which belong to the City of Tukwila ( "Tukwila "). Grantee has certain water and electrical utility facilities located in certain portions of the aforementioned rights -of -way. Tukwila has agreed to vacate the aforementioned rights -of -way so that Grantor may develop its intertidal estuary, provided that, Grantor simultaneously grants and conveys to Grantee a permanent easement that allows Grantee to continue to operate and maintain its electrical and water utility facilities in the area. That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations, receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants and warrants to the Grantee, its successors and assigns, the right, privilege and authority to F3 C rif D MAY 3 0 2002 TUKWWILA PUBLIC 'A /ORK6 TYPIS install, construct, reconstruct, erect, alter, improve, repair, operate, monitor and maintain a water m -in, electrical service and appurtenances (related to both), including but not limited to connecting water service pipes, vaults, hydrants, electrical lines and meters, together with the right of ingress and egress, over, under, through, across, along and upon property located in King County, Washington, described as follows: (Legal Description on Exhibit A attached hereto and made a part hereof). (Legal Description on Exhibit B attached hereto and made a part hereof). The Grantor and the Grantee agree and covenant as follows: SPECIAL TERMS 1. The Grantor shall maintain the existing asphalt roadway located in what is now S. 110' St. and 7 " Ave. S. as an access roadway (at least twelve (12) feet in width) and turnaround, which will provide Grantee non - exclusive access to the Grantee's water and electrical utility facilities and the park itse f. If the said existing roadway is ever replaced or relocated the new access roadway and turnaround shall be constructed according to design plans, which must be approved in advance by the Granter in r—1 writing. C> 2. The Stone Column construction as shown in the March 14, 2001 HWA Geosciences, Inc. Repo ( "Geosciences Report "), and as may be referred to in King County's Cecil Moses Memorial Park Estuary Project Plans, King.County Plan # C13130C, dated October 10, 2001 and subsequent Addendum Number 1, dated November 14, 2001 and Addendum #2, dated November 21, 2001 CD (hereinafter the "Cecil Moses Memorial Park Estuary Plans "), are to be designed and installed in a manner approved by Grantee and operated and maintained by Grantor in a manner that will neithe interfere with or damage the Grantee's water and electrical utility facilities. CP 3. Grantor, and its successors and assigns, agree to defend, indemnify and save the Grantee, its t elected officials, directors, employees, agents and affiliates harmless from and against any and all claims, liabilities, actions, demands, judgments, losses, costs, expenses (including reasonable attorneys' fees), suits or damages which are caused by the negligence of the Grantor, its authorize' agents or employees in Grantor's development of the Cecil Moses Memorial Park Estuary, includin•, but not limited to the construction, maintenance, repair and /or design of the underground Stone Columns referred to in the preceding paragraph and in the Geosciences Report. 4. The Grantee agrees to defend, indemnify and save Grantor, its elected officials, inspectors, employees, agents and affiliates harmless from and against any and all claims, liabilities, actions, demands, judgements, losses, costs, expenses (including reasonable attorney fees), suit or damages which are caused by the negligence of the Grantee, its authorized agents or employees. 5. Loading on the Grantee's water and electrical utility facilities shall not exceed HS -20. GENERAL TERMS 1. The Grantee and its agents shall have the right without prior institution of any suit or proceedin• at law, at such times as may be necessary, to enter upon said easement area for the purposes herei described, without incurring any legal obligation or liability therefore. The Grantee shall use reasonable efforts to return park property to its preexisting condition after its entry is complete. Notwithstanding this provision, the Grantee shall bear no responsibility for the construction, maintenance and /or repair of Grantor property and the Grantee shall be insulated from liability for such under Provision No. 3 of the SPECIAL TERMS; provided, however, that the Grantee shall remain responsible for any failures in the Grantee's facilities which do not arise out of, and /or are not in any way connected to Grantor's development of the area as more specifically identified in the Cecil Moses Plans. z 2. • Grantor shall have the right to use said property for any legal purpose not inconsistent with the 1- w rights herein granted to the Grantee. 6D 3. • Other than those depicted in the Cecil Moses Plans as approved by the Grantee, the Grantor U O hereby agrees that no building, fence, wall, rockery, trees, shrubbery or obstruction of any kind shall be : to o erected or planted, or any fill material placed within the boundaries of said easement area without the w = •written permission of the City of Seattle's Director of Seattle Public Utilities. No excavation shall be —' F- made within three feet of the Grantee's water and electrical utility facilities, and that the earth cover w w0 over the Grantee's water and electrical utility facilities shall be maintained at not less than 35 inches nor more than 48 inches. u. ?. N 4. Grantor hereby agrees that no other utility facilities, such as conduits, cables, pipelines, vaults = d ? poles, posts, whether public or private, will be installed within the granted easement area, without prior F- _ 7-4 written approval from the Grantee. z 1' I-( ® 5. Vehicle parking or storage of materials over utility facilities, such as vaults, water meter or valve 111 Lu C) boxes will not be allowed. Vehicles or materials may be moved or impounded at the expense of owner 2 D and the Grantee shall be held harmless from any damage, claim, liability actions, judgment or costs U arising out of the movement or impoundment of said vehicle or material. p F- ww 115 6. Grantor agrees to allow the Grantee, itsagentsor assigns, the use of such additional area H H C) immediately adjacent to said easement area, as shall be required for the non - emergency installation, u.. p Gst construction, reconstruction, erection, alteration, improvement, repair, monitoring, maintenance and w z ® operation of the Grantee's water and electrical utility facilities. Prior to such non - emergency work, the cd p Grantee shall apply to Grantor for its standard Special Use Permit. Said area will be returned to the ~O Y C■t same condition as it was immediately before entry by the Grantee or its agents. Notwithstanding this z provision, no restrictions are placed on the Grantee's entry and /or right of entry onto the Grantee's actual easement area as provided for in Provision No. 1 of this section. 7. In an emergency, Grantor agrees that the Grantee, its agents or assigns, shall have the right to close the easement area and to cut into any private roadway without prior notice and the use of such additional area immediately adjacent to said easement area, as shall be required for the installation, construction, reconstruction, erection, alteration, improvement, repair, monitoring, maintenance and operation of said water and electrical service facilities. Said area will be returned to•the same condition as it was immediately before entry by the Grantee or its agents. Notwithstanding this provision, no restrictions are placed on the Grantee's entry and/or right of entry onto the Grantee's actual easement area as provided for in Provision No. 1 of this section. 8. Grantor waives any present or future claim against the Grantee relating to hazardous substances, pollutants, or contaminants, and shall indemnify the defend the Grantee from any such claim, including enforcement action by a regulatory agency, unless the hazardous substances, pollutants or contaminants result from the Grantee's operations. 9. Any references to the word "approve" by the Grantee with respect to any plans, reports or other items prepared for or in response to the terms in this Easement Agreement refer to the Grantee's `Lma h. k?: �ri�'. s° t11 +ia`941�c1:LYk"vi�li4:,a`kzi: ,Pp f ,'. 40,1rtS �`.torem v;:kTh�n Also, tarie;:Pn; Nw,,y >Y,';",r•'y7x'4�' y:'i °•!i^= ti,,xt ".mc. approval for internal purposes only and are not and should not be construed or relied on in any way as a validation, confirmation or other attestation of the statem-nts made therein. 10. This agreement and each of the terms, provisions, con•itions and covenant herein, shall be binding upon and inure to the benefit of the parties hereto nd their respective heirs, successor and assigns. IN WITNESS WHEREOF, pursuant to the provisio s of Ordinance No. 0.0 7 ?3 of the City of Seattle, said City has caused this instrument to be executed by the Director of Seattle Public Utilities on this ,P. 0 day of /ti Gl l- , 2002. G■2 CD C9 • KING COUNTY, WASHINGTON C9 • C) • • ave Preugsch- , for the County rrecutive, t CNj Manager, Property Services Division DATED: D2Cet 6e-r Lbb I THE CI OF SEATTLE, u� X By: Signatu e Name Title '1 vclC C /ark & - %IrecJ2 y- Seattle 'ublic Utilities PROVED AS•TO FORM: D nature puty Prosecuting Attomey TED: STATE OF WASHINGTON COUNTY CqF KING ss. I certify that I know or have satisfactory evidence that 1-161-o Id /14 C V e Ily signed this instRimn on oath stated that they were authorized to execute the instrumentd acknowledged it as tivANGYager, Property Services, of King County to be the free and voluntary act of such parties for the uses and purposes mentioned in this instrument. STATE OF WASHINGTON ) COUNTY OF KING ) Dated: Mecernhe,v 2_ool i a �j Notary (print name) Ca z) J Thorr+Psoh Notary Public in and for the State of Washington, residing ata'G My appointment expires / /— / S -0 V ss. ,l I certify that I know or have satisfactory evidence that CA ith. c / d r- k a signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as the DIRECTOR, SEATTLE PUBLIC UTILITIES, to be the free and voluntary act of the uses and purposes mentioned in this instrument. ,.u•n,tii,l• „1 t A, •J... ,:1F Dated: Notary (print name) >F�� k. At od (/ Notary Public in and for the State of Washingtorf, residing at ta�llr . .' /tt. /e; l;L'A My appointment expires :kioi3' h:u%xW1' z1-- tY 61i 0 oO W = J I w CO =w zI I- o' Z ui U0 C) 1- w W! • H , -O z vc 0 z EXHIBIT A ELECTRICAL LINE EASEMENT DESCRIPTION THAT PORTION OF GORDON'S ADDITION NO. 2, AS RECORDED IN VOLUME 36 OF PLATS PAGE 42, RECORDS OF KING COUNTY, WASHINGTON, BEING A PORTION OF GOVERNMENT LOT 11 IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 23 NORTH, RANGE 4 EAST, W. M., INCLUDING THOSE PORTIONS DEDICATED FOR PUBLIC USE AND SHOWN AS SOUTH 110TH STREET AND 27TH AVENUE SOUTH ON SAID PLAT, MORE PARTICULARLY DESCRIBED AS FOLLOWS: HZ 6 JU U O: = J A STRIP OF LAND 10 FEET IN WIDTH LYING 5 FEET EACH SIDE OF THE FOLLOWING co r-I REFERENCE LINE: W O CD COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF WEST MARGINAL WAY g a SOUTH (AS SHOWN ON SAID PLAT) AND THE NORTH LINE OF THE SOUTH 460 FEET OF GOVERNMENT LOT 11; = a I-- 1-1-1 T GN/ THENCE NORTH 85 °13'00" EAST ALONG SAID NORTH LINE A DISTANCE OF 185.07 FEET TO z F-. 3i) THE POINT OF BEGINNING; z O' CD W W V THENCE SOUTH 21 °09'25" WEST A DISTANCE OF 16.10 FEET; m p' . CD THENCE SOUTH 20 °13'00" EAST A DISTANCE OF 264.77 FEET; O 0 N` f-;. �2 W uJ THENCE NORTH 69 °37'47" EAST A DISTANCE OF 22.25 FEET; H U. u. O: THENCE SOUTH 20 °13'00" EAST A DISTANCE OF 10.71 FEET; LL. z, U D. THENCE SOUTH 03 °22'51" WEST A DISTANCE OF 70.00 FEET TO THE TERMINUS OF SAID ~O H' REFERENCE LINE. z. THE BASIS OF BEARINGS FOR THIS EASEMENT DESCRIPTION IS AS REFERENCED FROM SAID PLAT OF GORDON'S ADDITION NO 2. THE SIDELINES OF SAID EASEMENTS SHALL BE SHORTENED OR LENGTHENED. SO AS TO COMMENCE AND TERMINATE IN THE PROPERTY LINES STATED IN THE CORRESPONDING REFERENCE LINE DESCRIPTION. PREPARED BY: BEN ENRICH PENHELLEGON ASSOCIATES JOB NO. 01605.10 UNDER GROUND ELECTRICAL LINE EASEMENT EXHIBIT A ►i 8. 110TH 8T. 0 N 85 3 00'E 185.07' =1 t \ r..-1 1 >) CZ CL • N 0 n P.O.B. N. UNE OF S. 460' GOV. LOT 11 1 N 8513'00• E S 21'09'25'W 16.10' 8 5.00' GORDON'S ADD1TIONNO.2 5.00' VOLUME 36 OF PLATS PAGE 42 VosAR„ • • • 13 8. 112TH ST. Engineering Planning Surveying Penhallegon Associates Consulting Engineers, Inc. 750 Sixth Street South Kirkland, WA 98033 www.paceengrs.com PH: (425) 827 -2014 1- 800 - 945 -8408 , FAX: (425) 827 -5043 Kirkland • Federal Way • Cie aim SCALE: 1 " =80' FILE: \1605ESMNT�LEC8X11.DWG DATE: 8/13/01 PROJ. NO.: 01605.10 EXHIBIT B WATER LINE EASEMENT DESCRIPTION THAT PORTION OF GORDON'S ADDITION NO. 2, AS RECORDED IN VOLUME 36 OF PLATS Q • PAGE 42, RECORDS OF KING COUNTY, WASHINGTON, BEING A PORTION OF GOVERNMENT H z LOT 11 IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, w TOWNSHIP 23 NORTH, RANGE 4 EAST, W. M., INCLUDING THOSE PORTIONS DEDICATED FOR 6= PUBLIC USE AND SHOWN AS SOUTH 110TH STREET AND 27TH AVENUE SOUTH ON'SAID PLAT, U O! MORE PARTICULARLY DESCRIBED AS FOLLOWS: ; 0 W a/ W s 7.1 A STRIP OF LAND 30 FEET IN WIDTH LYING 10 FEET NORTHERLY AND EASTERLY AND 20 FEET SOUTHERLY AND WESTERLY OF THE FOLLOWING REFERENCE LINE: w O 2 COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF WEST MARGINAL WAY g a SOUTH (AS SHOWN ON SAID PLAT) AND THE NORTH LINE OF THE SOUTH 460 FEET OF u. u. C) GOVERNMENT LOT 11; = O 7-1 w ~_ V THENCE NORTH 85 °13'00" EAST ALONG SAID NORTH LINE A DISTANCE OF 94.88 FEET TO z 1... 2l) THE INTERSECTION WITH A WATER MAIN AND THE POINT OF BEGINNING; Z O CD W w. V THENCE SOUTH 65 °21'37" EAST ALONG SAID WATER MAIN A DISTANCE OF 100.57 FEET TO D p AN ANGLE POINT IN SAID WATER MAIN; 0 ® (2; C) 0 H: at THENCE SOUTH 20 °13'00" EAST ALONG SAID WATER MAIN A DISTANCE OF 363.71 FEET TO A = W' POINT ON THE NORTH LINE OF THE SOUTH 60 FEET OF SAID GOVERNMENT LOT 11, AND 1.- U THE TERMINUS OF SAID REFERENCE LINE. SAID POINT BEARS NORTH 88 °13'00" EAST A 0 DISTANCE OF 168.84 FEET FROM THE CENTERLINE OF WEST MARGINAL WAY SOUTH, (AS w N SHOWN ON SAID PLAT), AS MEASURED ALONG SAID NORTH LINE. U O THE BASIS OF BEARINGS FOR THIS EASEMENT DESCRIPTION IS AS REFERENCED FROM ' Z SAID PLAT OF GORDON'S ADDITION NO 2. THE SIDELINES OF SAID EASEMENTS SHALL BE SHORTENED OR LENGTHENED SO AS TO COMMENCE AND TERMINATE IN THE PROPERTY LINES STATED IN THE CORRESPONDING REFERENCE LINE DESCRIPTION. PREPARED BY: BEN ENRICH PENHELLEGON ASSOCIATES JOB NO. 01605.10 • WATER LINE EASEMENT EXHIBIT B Q S.110TH ST. N8513'00 -Es% 94 88'� -"-r C■2 1— N a_ L N cn . O m 1 �a N. UNE OF 5. 460' GOV. LOT 11 5 8513'00' W •� GORDON'S ADDITIONNO.2 \ rOps�h VOLUME 36 OF PLATS PACE 42 7 8 10.00' \N • 1 i • N X 8513'00" E 168.84' I, S.112TH ST. 13 R35.00' N. UNE OF S. 60' GOV. LOT 11 60' CITY OF SEATTLE PIPE UNE R.W. Engineering Planning Surveying Penhallegon Associates Consulting Engineers, Inc. 750 Sixth Street South PH: (425) 827 -2014 Kirkland SCALE: 1 " =80' FILE: \1605ESMNT8X11.DWG Kirkland, WA 98033 1- 800- 945 -8408 • Federal Way • DATE: 6/27/01 www.paceengrs.com FAX: (425) 827 -5043 Cle Elum PROJ. NO.: 01605.10 xit'A'ibm+SL ,`sd' ��?B.+?'�aanairfi; 3oz+„"�,a H ".45% z CeW J V o00 t <n W = --1 F—; CO u_ W0 i =1. CW F- 0 zF- w uj U 0 g2 0F W. F— V — 0 iu in = 0 ,Z .