HomeMy WebLinkAbout2016 - Agreement for Encroachment into City Right-of-Way - Leabo Don - 20160614001315After recording return document to:
City of Tukwila
Office of the City Clerk
6200 Southcenter Blvd
Tukwila, WA 98188
01 1 111 111 11111 1 11 11 111 10 I 01
20160614001315
CITY OF TUKWIL AG 77.00
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06/14/2016 13:48
KING COUNTY, UA
Document Title: Agreement for Encroachment into City Right -of -Way
Grantor: City of Tukwila
Grantee: Don Leabo
Legal Description: Portion of the SE1 /4, of the SE1 /4; of Sec. 3, T23N., R4E., W.M.
(a.k.a.) BEST'S REPLAT OF BLOCKS 11, 12, 13, 14 & 15 POTTERY WORKS
ADDITION, E HALF OF LOT 1 AND E HALF OF N HALF OF LOT 2 BLK 12
Assessor's Tax Parcel Number: 078000 -0070
AGREEMENT FOR ENCROACHMENT INTO CITY RIGHT -OF -WAY
WHEREAS, Don Leabo ( "Grantee ") installed a sanitary side sewer (2 -inch force
main and portion of 6 -inch sanitary sewer pipe ( "Sanitary Side Sewer ") in the City of
Tukwila (the "City "), right -of -way along S. 111th Street, under Public Works permit no.
PW14-0177; 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 /
relocate or have Grantee remove / relocate any obstructions or encroachments within the
right -of -way, including the Sanitary Side Sewer; 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;
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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, relocation, repair, and
maintenance of a Sanitary Side Sewer installed / 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 sanitary side sewer, 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, relocate, 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 sanitary side sewer. 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 sanitary side sewer, any of
Grantee's action or lack of action to correct a situation related to the sanitary side sewer
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
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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.
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
By:
Bob Giberson
Public Works Department
Approved as to form.
Attorney for the City of Tukwila
STATE OF WASHINGTON )
)ss.
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
LAURIE A. WERLE
NOTARY PUBLIC
STATE OF WASHINGTON
COMMISSION EXPIRES
MAY 29, 2018
..
seal this ALP' day of - '1-� 2011.
P$O ARY PUBLIC in and for
/jthe State of
Washington residing at I l.) t\ G..
My commission expires:
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IN W41.'NESS WH OF, said individuals have aused thi, instrument to be executed
this G-2----clay of , . _ , 2015.
STATE OF WASHINGTON)
)ss:
County of King )
A
orized Vgnatur
/ Grantor
I certify that I know or have satisfactory evidence that DON LEABO is the person who
appeared before me, and said individual 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.
LAURIE A. WERLE
NOTARY PUBLIC
STATE OF WASHINGTON
COMMISSION EXPIRES
MAY 29, 2018
Name: .60 k 0
e ,- (.cJed-e
NOTARY PUBLIC, in and for the State of
Washington, residing at f c,(Cht.) ► k.
My commission expires:
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NEW 20 FOOT WIDE DRIVE
EXHIBIT `A'
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