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HomeMy WebLinkAbout1977 - Deed and Easement in Lieu of Condemnation - Wells Duane / Wells Gertrude / Bain Val - 7708040599 G DEED AND EASEMENT IN LIEU OF CONDEMNATION ION DUANE A. WELLS and GERTRUDE A. WELLS, his wife, and .CD VAL BAIN, a single woman, hereafter referred to collectively V* 0 as "Grantors in consideration of settlement of an inverse cc condemnation action in King County Cause No. 815176, do hereby quitclaim and convey to City of Tukwila, a municipal corporation, Grantee, the real property and easement inter- est hereafter described as Parcels A and B, situate in the County of King, State of Washington, including any after acquired title, on the express terms and conditions as set forth herein, as follows: PARCEL A (Street and sidewalk parcel): Grantors quitclaim and convey to Grantee the follow- ing real property for a public road, sidewalk, curbs, gutters, underground water, sanitary sewers, power, gas and telephone utilities, subject to easement recorded under Auditor's File No. 710127 -0176 and subject to easements and restrictions of record, described as follows: That portion of vacated blocks 4 to 9 inclusive and blocks 12 to 17 inclusive of Gundaker's Interurban Addition to Seattle (Vacated), according to the plat recorded in Volume 14 of Plats, Page 46, in King County, Washington, together with vacated streets adjoining which upon vacation attached to said property by operation of law, described as follows: Beginning at the intersection of the centerline of Interurban Avenue South and Southcenter Boule- vard at Washington Highway Station 127 +75 on the 2M -Line; thence North 30 0 27 1 06" East 78.36 feet, more or less; to the south line of Kennedy Street as dedicated in the plat of Gundaker's Interurban Addition to Seattle, being the true point of 1% EXCISE TAX NOT REQUIRED 1 Ki re g Co. Recc; 4s Division By �.sa.� De beginning; thence South 59 0 32 1 54" East along said South Margin 29 feet; thence North 30 0 27 1 06" East 100 feet; thence North 59 0 32'54" West 48 feet; thence North 30 0 27'06" East 50 feet; thence North 59 0 32 1 54" West 13 feet; thence South 30 0 27 1 06" West 150 feet to the South line of said Kennedy Street; thence South 59 0 32 1 54" East along said South line 32 feet, more or less to the point of beginning. The Grantee agrees that the landscaping requirements that p��. Grantee's ordinances may require, as they affect the Grantors' U northwesterly parcel of land, shall include as a part of the zr C) Grantors' landscaping requirements the northwesterly two feet of said Parcel A in computing whether Grantors have satisfied their landscaping requirements and any trees installed by the Grantee shall be considered by Grantee in determining whether Grantors have met all or part of their landscaping requirements. PARCEL B (Utility easement): Grantors convey and quitclaim to Grantee a permanent easement to Grantee over, under, through and across the following real property: That portion of vacated blocks 4 to 9 inclusive and blocks 12 to 17 inclusive of Gundaker's Interurban Addition to Seattle (Vacated) accord- ing to the plat recorded in Volume 14 of Plats, Page 46, in King County, Washington, together with vacated streets adjoining which upon vaca- tion attached to said property by operation of law described as follows: Beginning at the intersection of the centerline of Interurban Avenue South and Southcenter Boulevard at Washington State Highway Station 127 +75 on the 2M Line; thence North 30 0 27'06" East 78.36 feet, more or less, to the South line of Kennedy Street, as dedicated in the plat of Gundaker's Interurban Addition to Seattle, being the true point of beginning; thence South 59 0 32 1 54" East along said South margin 43 feet; thence North 30 0 27 1 06" East 100 feet; thence North 59 0 32 1 54" West 14 feet; thence South 30 0 27 1 06" East 100 feet to the South line of said Kennedy Street; thence North 59 0 32 1 54" West along said South line 29 feet to the point of beginning. 2 Said easement is a utility easement only, and Grantee shall have the right to install, maintain, repair and replace underground utilities including water, sanitary sewers, power, gas and telephone lines. No permanent structures or permanent obstructions shall be erected or suffered on said easement area by or under Grantee, and no permanent structure of equipment shall be above ground surface except for fire CT hydrants or other structures necessary to the maintenance O and operation of the utilities; provided, however, the above CO C) ground utility structures and landscaping, if any, shall not be located within Grantors' ingress and egress driveways serving Grantors' real property. Grantors shall have the full right to utilize said easement area in any manner not inconsistent with Grantee's use, and to cross same with utilities necessary to serve Grantors' real property, and shall have access over, through and across said easement area for ingress and egress to Grantors' real property and for Grantors' utilities, driveways and landscaping. Grantee may from time to time remove trees, bushes or other obstructions within the easement right of way and may level and grade the right of way to the extent reasonably necessary to carry out the purposes set forth above; provided, that following any such work, Grantee shall, to the extent reasonably practicable, restore the right of way to the condition it was immediately prior to such work. Grantor may undertake any ordinary improvements to the landscaping of the right of way provided that no trees, plants, or other improvements, shall be placed thereon which would be unreasonably expensive or impractical for Grantee to remove and restore. 3 Following is a description of the Grantors' dominant estate as benefited by the terms, conditions and covenants of this Deed and Easement: The southwesterly 100 feet in width of vacated Blocks 4 to 9 and 12 to 17, inclusive of Gundaker's Interurban Addition to Seattle, as per plat recorded in Volume 14 of Plats on Page 46, Records of King County; TOGETHER WITH vacated streets adjoining which upon vacation attached to said property by opera Q` tion of law; ON lf? CD A strip of land lying adjacent and parallel "q to the northeasterly line of the following CD described property: 00 CD N The southwesterly 100 feet in width of vacated Blocks 4 to 9 and 12 to 17, inclusive, of Gundaker's Interurban Addition to Seattle, as per plat recorded in Volume 14 of Plats on Page 46, Records of King County; TOGETHER WITH vacated streets adjoining which upon vacation attached to said property by operation.of law; Said strip of land being described as follows: Beginning at Highway Engineer's Station P.O.T. (2M) 127 +75.0 on the 211 -line shown on the State Highway Map of Primary State Highway No. 1 (SR 405) Green River Interchange, Sheet 2 of 4 Sheets, established by Commission Res. No. 1192, February 19, 1962; thence northeasterly at right angles to said 2M -line to a point on the northeasterly boundary of the above described property; thence northwesterly along said northeasterly boundary a distance of 25 feet to the true point of beginning of this description; thence continuing northwesterly along said northeasterly boundary a distance of 100 feet; thence northeasterly at right angles to said northeasterly boundary a distance of 50 feet; thence southeasterly parallel to and 50 feet distant from said northeasterly boundary for a distance of 100 feet; thence southwesterly a distance of 50 feet, more or less, to the true point of beginning; All situate in the City of Tukwila, County of King, State of Washington. And, subject to an easement recorded under Auditor's File No. 710127 -0176, excepting therefrom the real property conveyed to Grantee, City of Tukwila, described as Parcel A above, and subject 4 to,..easement conveyed to Grantee, City of Tukwila, as set forth as Parcel B above in this instrument. It is acknowledged that Grantors' real property is divided into two parcels, one parcel being located generally northwesterly of Southcenter Boulevard, and the parcel being located generally southeasterly of Southcenter Boulevard, CTS ON Southcenter Boulevard being located on portions of Parcel A 0 INt described hereinabove. CD d Both of said Grantors' parcels are referred to herein as "Grantors' property" and Grantors' property shall be benefited by the covenants and agreements set forth herein and as made by the Grantee, City of Tukwila, which shall run with Grantors' property, and the burdens of said cove- nants and agreements shall be burdens upon Parcels A and B, the real property interest heretofore conveyed by Grantors to Grantee, and shall run against said land. The burdens and benefits, covenants and conditions set forth herein shall be to the benefit of and binding upon the Grantors' and Grantee's respective heirs, successors and assigns, and shall be deemed benefits and burdens running with the land, for the benefit of Grantors' real property above described. The terms, conditions, be.nefits,.detriments and cove- nants that are expressly made a condition of the grant of real property interest by Grantors to Grantee as described in Parcels A and B above, are as follows: 1. The presently existing irrigation water line constructed by Grantee located on Grantors' real property located on the northwest side of Parcel A above, and running parallel to Southcenter Boulevard, shall be re- located by Grantee, at Grantee's sole cost and expense, 5 within 90 days of date hereof to within the area described as Parcel A. 2. The presently existing berm and appurte- nances constructed on Grantors' real property by Grantee, located on Grantors' property located to the northwest of Parcel A, shall be removed by Grantee and reduced to the grade of Southcenter Boulevard within 90 days of date of 0� this agreement. 3. Grantee hereby quitclaims and conveys to 1%r CD CO Grantors, to the extent that Grantee has any property O interest in said property, an easement for one ingress and egress driveway for vehicular traffic no more than 30 feet in width so as to allow ingress and egress on that portion of Grantors' real property situated northwesterly of South center Boulevard to the existing Interurban Avenue which parallels the northwesterly margin of Grantors' real prop- erty situated northwesterly of Southcenter Boulevard, the exact location of said easement for ingress and egress cannot be ascertained as of the date hereof so long as said ingress and egress easement driveway is located in an area 30 feet on either side of a point on said Grantors' south- westerly boundary, to wit: North 59 1 32'54" west, 285 feet from the inter- section of the centerline of Southcenter Boule- vard and the extended said Grantors' south- westerly boundary line; provided that said easement driveway will not cross or interfere with the existing transit stop as constructed under Local Improvement District No. 25. Grantee agrees to the same terms and conditions set forth herein and agrees to execute such documents, instruments and other things necessary or proper to grant such ingress and egress easement driveway between Grantors' real prop- erty and Interurban Avenue; provided, however, Grantee is 6 not warranting that it has any right to grant such ingress or egress easement driveway to Grantors, but it will take no action to prevent or preclude Grantors from utilizing said ingress and egress easement rights which Grantors may have. 4. Grantors shall have the right of ingress and egress from and to said Grantors' real property parcels located generally northwesterly and southeasterly of South- 0 U� 0 center Boulevard to, on and upon Southcenter Boulevard and I 0 q shall have the right to have two curb cuts 24 feet in width, for access to each parcel off of Southcenter Boulevard to serve Grantors' real property located northwesterly and southeasterly of Southcenter Boulevard, provided that said curb cuts are not located within an area 30 feet from the northwesterly margin of Interurban Avenue. 5. There will be no assessment made to Grantors as participants in the final assessment roll of City of Tukwila Local Improvement District No. 25. Grantors shall pay such other standard charges for water and sewer as are charged against property owners for use of such improvements and services when requested, including but not limited to regular and special connection charges as set forth in Chapters 14.04 and 14.16 of the Tukwila Municipal Code. 6. Grantee agrees that left turns will be per- mitted and authorized by Grantee so that vehicular traffic using Southcenter Boulevard can turn left onto Grantors' real property located northwesterly of Southcenter Boule- vard and southeasterly of Southcenter Boulevard; provided, that the left turn lane will riot be located within 153.36 feet, north 30 0 26 1 6" east of the intersection of the center lines of Southcenter Boulevard and Interurban Avenue South. 7 It is a condition of this grant that .Grantee will continue to allow said left turns to said property and shall not perform, authorize or suffer any act that would preclude the making of left turns to Grantors' real property from South center Boulevard, as specified, and no lane divider or other dividers or channels will be installed on Southcenter Boule- ET 0 vard that would prevent or impede the flow of vehicular or U-) pedestrian traffic in making left turns onto Grantors' real I1' Q co property or the free flow of traffic and /or pedestrians C` between Grantors' property located northwesterly of South center Boulevard to the southeasterly portion, or from the southeasterly portion of Grantors' property to the north- westerly portion, provided, that lane dividers and /or curbs can be installed within 153.36 feet, north 30 0 26 1 6" east of the intersection of the centerlines of Southcenter Boulevard and Interurban Avenue South. Grantee will allow a variance, if required, for the location of a curb cut for ingress and egress driveway on Grantors' southeasterly parcel adjacent to Grantors' northeasterly property line. This DEED AND EASEMENT IN LIEU OF CONDEMNATION and the agreements, terms, conditions and covenants contained herein have been entered into between the parties pursuant to the Findings of Fact and Conclusions of Law and Approval of Settlement heretofore or concurrently entered in King County Superior Court Cause No. 815176, and the terms, conditions and covenants hereof shall be construed liberally to effectuate the intentions and purposes of the parties as expressed herein. 8 This instrument is executed and agreed to by and be- tween the parties this 10th day of.June, 1977. DUNE A WELLS GERTRUDE A. WELLS Q� VAL BAIN, a single woman kI"1 AGREED AND ACCEPTED: GRANTORS Q co CITY OF TUKWILA, WASHINGTO BY EdgaY D. Bauch, Mayor ATTEST: lda /xine Anderson, City Clerk STATE OF WASHINGTON ss. County of King On this day personally appeared before me DUANE A. WELLS and GERTRUDE A. WELLS, husband and wife, to me known to be the individuals described in and who executed the within and foregoing instrument and acknowledged to me that they signed the same as their own free act and deed for the uses and purposes described therein. GIVEN UNDER my hand and seal this,' day of June, VO`rARY PUBLIC id and for th S of Washington, residing at STATE OF -WASHINGTON s ss. County of King On this day personally appeared before me VAL BAIN, to me known to be the individual described in and who executed 9 the within and foregoing instrument and acknowledged to me that they signed,the` same as their own free act and deed for the uses.and- purposes described therein. GIVEN UNDER my hand and 3seal this f t\� day of June, k•. 189'/31. all Mc co NOTARY PUBLIC in ands for t of Washington, residing at CD Y 7 10