HomeMy WebLinkAbout2011 - Encroachment into City Right-of-Way Agreement - City of Tukwila / King County - 20110427000884Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in)
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PAGE -001 OF 007
04/27/2011 12:30
KING COUNTY, tlf
Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04)
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After recording return document to:
City of Tukwila
Office of the City Clerk
6200 Southcenter Blvd
Tukwila, WA 98188
Document Title: Agreement for Encroachment into City Right -of -Way
(Bow Lake Recycling and Transfer Station Permit PW10 -042)
Grantors: City of Tukwila
Grantee: King County
Legal Description: City of Tukwila ROW
Assessor's Tax Parcel Number: Benefiting parcels are 3523049037 and 3523049124
AGREEMENT FOR ENCROACHMENT INTO CITY RIGHT WAY
LOCATION: 18800 Orillia Road South
PARCEL:
WHEREAS, King County "Grantee has existing and has also constructed new
private street features in the City of Tukwila (the "City right -of -way at Orillia Road
South, which is part of the area recently annexed by the City; and
WHEREAS, Grantee recognizes that the City possesses police powers granted to it
pursuant to Art. XI, Sec. 11 of the Washington State Constitution to regulate its rights -of-
way and to generally provide for the public health, safety, and welfare; and
WHEREAS, the City also possesses the legal authority to abate any obstructions or
encroachments of its rights -of -way or utility easements pursuant to RCW 7.48; and
WHEREAS, Grantee recognizes that if at any time the City requires access to the
right -of -way at the location described above, the City has the legal authority to remove any
obstructions or encroachments on the right -of -way, including the private street features,
and that the City shall charge the actual cost of such removal to the Grantee or other
responsible property owner; and
WHEREAS, Grantee recognizes that the City also has the legal 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 Grantee the right and
permission to use the City right -of -way for the installation, repair, and maintenance of the
private street features listed in Exhibit "A" and shown in Exhibit "B" attached hereto and
Page 1 of3
incorporated herein by reference. (the "Encroachments 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 filing 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 B, Grantee agrees to the
terms and conditions set forth in this Agreement and further 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 Encroachments, 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 as described
in Exhibits A and B.. 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
Encroachments to be moved or relocated to accommodate the construction, alteration,
repair, or improvement of the right -of -way, more fully described in Exhibits A and B, for
purposes of public welfare, health, or safety, the 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 Grantee's plans for
relocation, Grantee shall relocate the concrete block wall depicted in Exhibit B. 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 damage
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 Bow Lake Transfer Station
Project, any of Grantee's action or lack of action to correct a situation related to the
Encroachments 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. The City shall provide Grantee prompt notice of the
corrective action taken. Grantee shall be liable for all costs, expenses and damages
attributed to the corrective action as undertaken by the City. The City shall provide
Grantee an invoice for the corrective action taken and Grantee shall reimburse the City of
all costs within thirty (30) days of receipt of the invoice.
This Agreement shall be recorded with King County Records and Grantee shall pay
the cost of said recording.
Page 2 of 3
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 TUK A KING 0
Sat 11 L
Bob Giberson
Public Works Department
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.
GWEN under my hand and official seal this L} day of
i.naa�gh��' II t J
Ilia
1?-4-+, Printed Name:
s NOTARY PUBLIC in and for th State of
tut
z Washington residing at I i
u aU ®l�G '2 My commission expires: l U
STATE 1 0 F I GTON
COUNTY OF KING
On this day, before me personally appeared Kevin Kieman to me known to be the
Division Director Solid Waste Division of KING County, the municipal corporation and
political subdivision of the State of Washington that executed the foregoing instrument, and
acknowledged such instrument to be free and voluntary act and deed of such municipal corporation
and political subdivision, for the uses and purposes therein mentioned, and on oath stated that he
was duly authorized to execute such instrument. ei
GIVEN under my hand and official seal this day of
:t) 2010.
Approve as to form:
At ome
Tukwila
NOTARY PUBLIC in and for the State of
Washington residing at t't4 vin -j-it 1 '&bSh'1y m1
My commission expires: a 2 A
Page 3 of 3
Ke>4fiKiema
Title: Division Director, Solid Waste Division
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