HomeMy WebLinkAbout2010 - Encroachment into City Right-of-Way Agreement - Kochhar Gurunam - 20100610000868 26'1006100008-68
City of Tukwila CITY OF TUKWIL OG 66.00
Office of the City lerk PAGE -001 OF 5: 1
tY 06/10/2010 15:10
6200 Southcenter Blvd KING COUNTY, WA
Tukwila, WA 98188
Document Title: Agreement for Encroachment into City Right -of -Way
Grantors: City of Tukwila
Grantee: Gurunam Singh Kochhar
Legal Description: 14813 46` Avenue South
Assessor's Tax Parcel Number: 004200 -0053
AGREEMENT FOR ENCROACHMENT INTO CITY RIGHT -OF -WAY
LOCATION: 14813 46 Avenue South
PARCEL: 004200 -0053
WHEREAS, Gurunam Singh Kochhar "Grantee built a concrete block wall
"Concrete Wall in the City of Tukwila(the "City right -of -way at 14813 46 Avenue
South, without a permit; 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 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:
1. Right -of -Way Use. The City hereby grants to the Grantee, the right and
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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. All
costs of moving or relocating such facilities 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.
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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.
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CITY OF TUKWIL Gurunam Singh Kochhar
?���71L• By:
Bob Giberson >1
Public Works Department
Its:
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.
GIVE under my e h; �c����d official seal this day of
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�gtON F i�
�TAy �.o�a,F /i� 6tAIQ /�ZG {pm igQle b
s G NOTARY PUBLIC in and for th "State of
Washington residing at jr.t t 3 164
NJ;y, A VBt w �Zs My commission expires: L�5 -1 Ll
VA 17 1 1 16t2
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STATE OF WAY1!`
COUNTY OF KING
On this day, before me personally appeared t l ��tO trX }'jCx Al* to me
known to be the el uu Ae and executed this
instrument on beha of Gurunam Singh Kochhar in his capacity as
j-\ „NISL I and acknowledged that he is authorized to do so at their free and
ft
voluntary act and deed, for the uses and purposes therein mentioned.
GIVEN under my li �qd official seal this 1 day of
F +Ay r Ll CL t ./1 L[i z/` 2 Aav-') E' {t' LC/� r l
h`� p�►: 5 V NC/TARY PUBLIC in and f the State of
Washington residing at
My commission expires: CAS t -1 L
Approved as to
Q5� 1 y 1
Att�o t e City f Tukwila
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