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
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0 as "Grantors in consideration of settlement of an inverse
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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
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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'
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northwesterly parcel of land, shall include as a part of the
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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.
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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
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hydrants or other structures necessary to the maintenance
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and operation of the utilities; provided, however, the above
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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.
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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
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CD A strip of land lying adjacent and parallel
"q to the northeasterly line of the following
CD described property:
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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
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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,
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ON Southcenter Boulevard being located on portions of Parcel A
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described hereinabove.
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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,
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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
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this agreement.
3. Grantee hereby quitclaims and conveys to
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CO Grantors, to the extent that Grantee has any property
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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
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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-
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0 center Boulevard to, on and upon Southcenter Boulevard and
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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.
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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-
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0 vard that would prevent or impede the flow of vehicular or
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pedestrian traffic in making left turns onto Grantors' real
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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.
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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
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AGREED AND ACCEPTED: GRANTORS
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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
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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
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NOTARY PUBLIC in ands for t
of Washington, residing at
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Y
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