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HomeMy WebLinkAbout2005 - Agreement and Easement for Sidewalk - McManus Bearle / McManus Joanne - 20050210001472City of Tukwila City Clerk' Office 6200 Southcenter Blvd. Tukwila, WA 98188 206 -433 -1800 Document Titles: J /4 dtteemfwr A Reference Number(s) of related documents Grantor(s) (Last, First, Middle Initial) /1 /1 n/ rzt i"'t r.-,v if t c- _1 o4.un/ Grantee(s) (Last, First, Middle initial) CflS of L A Legal Description (abbreviated form: ie., lot, block, plat or section, township, range. quarter /quarter /l/! /S 6r 7 TL/'..tr< Assessor's Property Tax Parcel /Account Number 21 2- nob z- P/iorms/ recording sheet I 20050210001472 02% 0 OF ese 24.00 KING COUNTY, WA L/ ce'rn ev T PGCG Si/�L�'✓//' L� Additional Reference =s on page Additional Reference St's on pace Additional Refereno #'s on pace '?'U YS a3 -7 gIvet ‘A2;oe- Additional Reference =s on page Additional Reference #'s on page ENT'D MAR 2 8 2005 WHEREAS, McManus is the owner of: AGREEMENT AND EASEMENT FOR SIDEWALK This agreement made this 74 day of Oc f o he r 2004, Bearl E and 70e McManus, husband and wife, "McManus" herein) and the City of Tukwila, a Washington Municipality "Grantee" herein); 1. The Northwesterly 75 feet of Tracts 47 48, Fast Riverton Gardens Tracts 2 Addition in King County Washington. WHEREAS, Grantee desires a sidewalk easement on McManus' property at a location more specifically described as herein below; An exclusive perpetual easement over, across, along, in, upon, and under that portion of McManus' property described in Exhibit "A" attached hereto and by this reference made a part hereof for the purpose of installing, constructing, operating, maintaining, removing, repairing, replacing, and the sidewalk and appurtenances thereto (herein the "Improvements The terms "easement" and "easement area" in this instrument refer to the easement herein granted on McManus' property and as described on the attached Exhibit "A 1. Cost of Construction and Maintenance. Grantee shall bear and promptly pay all costs and expenses of construction and maintenance of the Improvements. 2. Compliance with Laws and Rules. The Grantee shall construct, maintain and use the Improvements in accordance with the requirements any statute, order, rule or regulation of any public authority having jurisdiction. 3. Required Prior Notice and Approval of Plans and Specifications. Prior to any installation, alteration, replacement or removal of the Improvements or any other major activity by Grantee on McManus' Property, Grantee shall give McManus written notice thereof together with preliminary plans and specifications for the same at least one (1) month prior to the scheduled commencement of such activity. Nothing herein shall be deemed to impose any duty or obligation on McManus to determine the adequacy or sufficiency of the Grantee's plans and specifications, or to ascertain whether Grantee's construction is in conformance with the plans and specifications approved by McManus. 4. Access. The Grantee shall design, construct, maintain and use its Improvements in such fashion as to permit reasonable access to McManus' Property. Grantee shall at all times keep McManus' Property free and clear of all obstructions and equipment. 5. Termination for Cessation of Use. In the event Grantee ceases to use the Improvements for the period of five (5) successive years, this Agreement and all Grantee's rights hereunder shall terminate and revert to McManus. 6. Release and Indemnity Grantee does hereby release, indemnify and promise to defend and save harmless McManus from and against any and all liability, loss, cost, damage, expense, actions and claims, including costs and reasonable attorney's fees incurred by McManus in defense thereof, asserted or arising directly or indirectly on account of or out of (1) acts or omissions of Grantee and Grantee's servants, agents, employees, and contractors in the exercise of the rights granted herein, or (2) acts and omissions of McManus in its use of McManus' Property which affect Grantee's employees, agents, contractors, and other parties benefiting from said Improvements; provided, however, this paragraph does not purport to indemnify McManus against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of McManus or McManus' agents or employees. 7. Successors. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. 8. Liability. In the event of any assignment of the rights hereunder, the liability of Grantee and its assignees shall be joint and several. EXECUTED as of the date hereinabove set forth. ACCEPTED: GRANTEE CITY OF TUKWILA B nr Its: JII U jou- By: Its: »oAnne- McManus JO n E_ AGREEMENT AND EASEMENT STATE OF WASHINGTON County of SS. On this 7i-11 day of CJc bcr 2004, before me personally appeared L3earl E Man 45 and nn e.. I-lc -Manus to me known to be the individuals described in and who executed the 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 the day and year last above written. (P:Laurie Admin./Mike/Agreement Easement for Sidewalk McManus) Notary (print name) Al i ct A. Dea c% Notary Public in and for the State of Washington, residing at e- hthni My Appointment expires 6- /6 -0 g AGREEMENT AND EASEMENT STATE OF WASHINGTON County of (,`l ss. On v a o i V 2004, before me personally appeared le it URFA' mitt- to me known to be the individuals described in and who executed the 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 the day and year last above written. FPT ^i if- :U NOT4f fc iN A 81 ;G it (P:Laurie Admin/Mike/Agreement Easement for Sidewalk McManus) Notary (print name) Notary Public in and for the State of Washington, residing at TO_ Il C My Appointment expires o. 9 G17 EDIT "A" Legal Description of Easement for the Sidewalk The first 5.00 feet of the Northwesterly 75 feet of Tracts 47 48, East Riverton Gardens Tracts r Addition in King County Washington parallel to South 133' Street and 56 Avenue South.