HomeMy WebLinkAbout1979 - Landscaping and Maintenance Agreement - HMH Logging - 79021414597902141459
6100 Southcenter Boulevard FEB 14 4 17
RECORDED KC RECORDS
LANDSCAPING AND MAINTENANCE AGREEMENT
6100 Southcenter Boulevard
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WHEREAS, the City of Tukwila, a municipal corporation, herein
referred to as "City" received by deed from the State of Washington
«t certain excess right -of -way property lying northerly of Southcenter
ON Boulevard (formerly Renton -Three Tree Point Road or Secondary
t'- State Highway No. 1 -L) and westerly of relocated 62nd Avenue
South; and
WHEREAS, the City desires to retain ownership of the excess
o right -of -way property as a means of controlling commercial access
C) to Southcenter Boulevard and as a means of establishing and pre-
serving a greenbelt area along Southcenter Boulevard for the
CN permanent use and benefit of the City; and
WHEREAS, the City has no funding presently available to
develop or maintain greenbelt landscaping on the excess right -of-
way property; and
WHEREAS, H.M.H. Logging, an Oregon general partnership, as
nominee for an undisclosed principal, herein referred to as "Develop-
ers," as owners and developers of certain property contiguous to a
portion of the excess right -of -way property are willing to design,
construct and install certain landscape improvements on a portion
of the excess right -of -way property and to deed and dedicate those
improvements to the City and to thereafter maintain and preserve
them for the benefit of the City; now, therefore,
It is mutually agreed as follows:
1. City grants to Developers a limited right of entry upon
that portion of the excess right -of -way property more fully des-
cribed as follows:
PARCEL A
That portion of Tract 12, Interurban Addition to Seattle,
according to plat thereof recorded in Volume 10 of
Plats, page 55, records of King County, Washington,
lying northerly of the northerly margin of SR 405 (PSH
NO. 1 RE) as delineated on that certain Washington
State Highway Commission right -of -way drawing SR 5 (PSH
NO. 1), SOUTH 178th ST. TO SOUTH 126th ST., sheet 6 of
21 sheets, bearing date of approval January 30, 1962;
and more fully described as follows:
Beginning at a point on the north line of said Tract 12
which is north 88 1 24'47" west 78.40 feet from the
northeast corner thereof; thence south 24 1 07 1 58" west
115.94 feet to a point on said northerly margin, thence
north 65 °52'02" west 238.42 feet along said northerly
margin to a point opposite Highway Engineers Station
166 00 on said northerly margin, thence north 69 0 17 1 01"
west 47.79 feet along said northerly margin to the
point of intersection with the north line of said
Tract 12, thence south 88 1 24 1 47" east 309.81 feet along
said north line to the true point of beginning.
herein referred to as "slope property." Said right of entry
shall permit non exclusive entry upon the slope property by
1% EXCISE TAX NOT REM11RED
King Co. Recora's D'i'vislOrl
Developers and their agents as necessary and convenient during the
term of this agreement and any extensions hereof for the construc-
tion, installation and maintenance of landscape Inprovements to be
planted and installed thereon by Developers in accordance with
plans and specifications as provided in Paragraph 3 hereof.
2. City expressly reserves the right of entry upon the
slope property and the right to devote so much of the slope property
as it deems necessary or desirable to any public use, including
highway or related uses; provided, in the eve,t the City causes
the landscape improvements to be altered or damaged by the actions
of the City, the City shall have the option to repair the improve-
ments at the expense of the City or to relieve Developers of any
further obligation with respect to the altered or damaged areas.
CN 3. Developers agree to promptly and diligently undertake to
L0 complete the landscape improvements on the slope property in
accordance with generally accepted horticultural practices and
IqT with the schedule and plans and specifications to be prepared by
C\J Developers at their sole expense and approved by the Public Works
C Director or his authorized representative and when so approved to
Q% be incorporated herein by this reference. The City shall accept a
tom' transfer and conveyance of title to all improvements from Developers
when completed. The Developers may submit, at their own expense,
an appraisal reflecting the fair value of the improvements so
transferred and, if requested, the City shall provide Developers
with reasonable written verification of the value of said improve-
ments. Developers agree to keep the slope property and all
improvements thereon free and clear of any and all liens or claims
of lien and to provide the City lien waivers or other satisfactory
evidence of compliance with this paragraph.
4. Developers agree to maintain the landscape improvements
in accordance with generally accepted horticultural practices, and
to donate, without cost to the City, all their labor and costs in
doing so for a term of ten years. This agreement shall be auto-
matically extended for a like term of ten years unless this agree-
ment is earlier terminated by mutual agreement of both parties,
and subject to thirty days' notice prior to termination.
5. All obligations of Developers shall be deemed covenants
running with and binding upon the land of Developers which is more
fully described as follows:
PARCEL B
That portion of Tracts 12 and 15 and vacated 62nd
Avenue South, Interurban Addition to Seattle, according
to plat thereof recorded in Volume 10 of Plats, page
55, records of King County, Washington, lying northerly
of the northerly margin of SR 405 (PSH NO. 1 RE) as
delineated on that certain Washington State Highway
Commission right -of -way drawing SR 5 (PSH NO. 1),
SOUTH 178th ST. TO SOUTH 126th ST., sheet 6 of 21
sheets, bearing date of approval January 30, 1962; and
lying southerly and westerly of the southerly and
westerly margin of the 62nd Avenue South Connection as
delineated on said sheet 6 and conveyed to the State of
Washington by deed recorded under Auditor's File
No. 5534286, and more fully described as follows:
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Beginning at the northeast corner of said Tract 12,
thence north 88 °24'47" west 78.40 feet along the north
line of Tract 12, thence south 24 0 07 1 58" west 115.94
feet to a point on said northerly margin, thence south
65 0 52 1 02" east 161.58 feet to a point on said northerly
margin opposite Highway Engineers Station 170 00,
thence south 51 1 49 1 52" east 160.53 feet along said
northerly margin to the intersection with the westerly
margin of the 62nd Avenue South Connection, thence
north 1 0 21'40" east 204.70 feet along said westerly
margin, thence north 88 0 24 1 47" west 154.24 feet along
the southerly margin of the 62nd Avenue South Connection,
to the point of intersection with the easi line of said
Tract 12, thence north 1 °21'40" east along the east
line of Tract 12 60.00 feet to the northeast corner of
CYN Tract 12 and the true point of beginning.
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SUBJECT TO easements for ingress, egress and utility
easements as more fully described in Easement and
Maintenance Agreement dated February '5 1979, recorded
C under Auditor's File No. 790214/ /5lQ A
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6. This agreement shall be effective upon issuance of a
building permit for construction on the property described in
Paragraph 5 above and the mutual approval of schedule, plans, and
specifications described in Paragraph 3 above; provided, Developers'
obligations shall be suspended during any period of delay in
issuance of any necessary construction permits or approvals relating
to work on the slope property or the property described in Para-
graph 5 above. The initial landscape improvements shall be completed
in accordance with approved plans and specifications before a
final occupancy permit will be issued.
7. Developers agree to indemnify and to hold the City fully
harmless from any occurrence, loss or damage caused by or arising
as a result of Developers' landscape construction, maintenance or
occupancy of the slope property. Developers agree to promptly
stabilize and restore any slides, failures or siltation from the
slope property unless caused by actions of the City pursuant to
its reserved powers in Paragraph 2.
8. Developers agree to carry and maintain at their sole
cost and expense, public liability and property damage insurance
with personal injury liability insurance limits of not less than
$500,000 per person /per occurrence insuring against any and all
liability of the Developers or the City with respect to the slope
property and landscaping thereon arising out of the construction,
maintenance, use and /or occupancy thereof, and property damage
liability insurance with a limit of not less than $200,000 per
accident or occurrence. All such bodily injury liability insurance
and property damage liability insurance shall specifically assure
the performance by Developers of the indemnity agreement contained
in Paragraph 7 hereof. Developers' obligation to carry the insur-
ance provided for herein may be brought within the coverage of a
so- called blanket policy or policies of insurance carried and
maintained by Developers; provided, however, that the City shall
be named as an additional assured thereunder as its interest may
appear. Developers agree to file a true and accurate original
copy of said policy and renewals thereof with the City Clerk.
9. City makes no representations or warranty as to the
condition of the soil, stability of the slope property, etc. and
Developers have not relied upon any such representation. If,
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however, it should prove to be practicably impossible to complete
the improvements in accordance with the schedule, plans and specifi-
cations as set out in Paragraph 3, due to the weather, soils
conditions or other geological conditions encountered on the slope
property, this agreement shall not be terminated but the parties
shall re- negotiate, within 60 days, new schedules, plans and
specifications which are not unreasonably more expensive to complete
or maintain and such substitute plans shall be adhered to by
Developers. During the period of re- negotiation, before the new
schedule, plans and specifications are approved, Developers'
obligation to maintain, stabilize, preserve, protect and restore
the slope property shall continue and if no new agreement can be
reached or if it is not feasible to complete the project in any
form due to adverse weather, soils condition or other geological
conditions encountered, then Developers' further obligations
hereunder may be relieved and discharged, but only after Developers
have stabilized, preserved, protected and restored the slope
property to its former natural contours, grades, ground cover and
condition.
CT% DATED: February 3 1979.
6t CITY OF TUKWIL
By
C Edgar Bauch, Mayor
O�
DEVELOPERS: By, -4
'Makir�e An erson, City Clerk
H.M.H. Logging, as nominee for an
undisclosed principal
By WO
L. Sterling Hanel/, General Partner
By
Robert Hanel, General Partner
By
William Hanel, General%- Partner
STATE OF WASHINGTON
SS
COUNTY OF K I N G
On February �/w; 1979, before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and
sworn, personally appeared Edgar D. Bauch and Maxine Anderson, to
me known to be the Mayor and City Clerk, respectively, of the City
of Tukwila, a municipal corporation. That they executed the
foregoing instrument and acknowledged the said instrument to be
the free and voluntary act and deed of said corporation, for the
uses and purposes therein mentioned, and on oath stated that they
were authorized to execute the said instrument and that the seal
affixed is the corporate seal of said corporation.
WITNESS my hand and official seal hereto affixed the -d.ay_ a.-i
year in this certificate above written.
Notary Public residing at./"
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STATE OF OREGON
//��t�-�- SS
COUNTY OF �ko z its
On this day personally appeared before me L. Sterling Hanel,
Robert Hanel and William Hanel to me known to be the individuals
described in and who executed the within and foregoing instrument,
and acknowledged that they signed the same as their free and
voluntary act and deed, for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this -Orci day of
February, 1979.
Notary Publid residing at
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