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HomeMy WebLinkAbout2000 - Agreement - International Gateway East / International Gateway West / City of Tukwila - 20001213000983Recording Requested by and When Record ' Return To: CONFORMED COPY James N. Harmon International Gateway East II LLC c/o Sabey Corporation 12201 Tukwila International Blvd. Fourth Floor Seattle, WA 98168 -5121' Document Title: Developer: From City: Abbreviated Legal Description: Tax Parcel ID Numbers: 20001213000983 JILL HURLY AG 15.00 PAGE 001 OF 008 12/13/2000 11:44 KING COUNTY, WA Agreement between International Gateway East LLC and International Gateway West LLC and the City of Tukwila relating to property owner's encroachment into city right of way. International Gateway East LLC and International Gateway West LLC City of Tukwila, Washington Lot A, City of Tukwila Boundary Line Adjustment number L98 -0033, recorded under King County recording No. 9810059013 and Lot 3, City of Tukwila Boundary Line Adjustment No. L2000 -042 recorded under King County Recording No. 20000828900001, Situate in the County of King, State of Washington 102304- 9079 -04, 092304 - 9367 -08 RECEIVED CITY OF TUKWILA .DEC 142000 PERMIT CENTER • AGREEMENT BETWEEN INTERNATIONAL GATEWAY EAST LLC AND INTERNATIONAL GATEWAY WEST LLC AND THE CITY OF TUKWILA RELATING TO PROPERTY OWNER'S ENCROACHMENT INTO CITY RIGHT OF WAY WHEREAS International Gateway East LLC and International Gateway West LLC, hereafter collectively referred to as "InterGate" will construct a data and communications conduit that will connect two facilities located at 3355 S. 120`h Place, Tukwila, Washington (Parcel Number: 102304- 9069 -06) legally described on Exhibit B and 12301 Tukwila International Boulevard, Tukwila, Washington (Parcel Number: 092304 - 9367 -08) legally described on Exhibit C; WHEREAS to connect the two facilities at above addressees, InterGate will construct said conduit within the City of Tukwila, hereafter referred to as "CITY ", per Exhibit `A', which permits CITY access to utilities located underground; WHEREAS InterGate recognizes that the CITY possesses police powers granted . to it by the Washington State Constitution, Art, XI to regulate its rights of way and to generally provide for the public health, safety, and welfare, and that the CITY likewise has the legal authority to abate any obstructions or encroachments of it rights of ways or utility easements under RCW 7.48; 'WHEREAS InterGate recognizes that should the CITY at any time require access to the right of way at the locations described above, the CITY has the authority to remove any obstructions or encroachments on the right -of -way and shall charge the cost of such removal to the responsible property owner; and, WHEREAS InterGate recognizes that the CITY also has the authority to file a lawsuit requiring removal of any obstructions or encroachments in the right -of -way; WHEREAS InterGate has obtained written approval from the adjacent property owners and Washington State Department of Transportation to install conduit on their property; 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: CITY hereby grants to InterGate, the right and permission to use CITY right- of- way for the installation, repair, maintenance and use of a data and communications conduit within that certain portion of the right -of -way as reflected on Exhibit "A ". This permission shall run with the land for the benefit of InterGate and its successors and assigns. InterGate's ability to use CITY right -of -way is not exclusive and the CITY may require relocation in the future or the CITY may collocate other utilities within the same right -of -way. In exchange for and in consideration of the CITY's agreement to forbear any filing of a lawsuit requiring removal of the obstruction or encroachment created by InterGate on the right -of -way located at the address, above, InterGate agrees to the terms and conditions and to defend, indemnify, and hold the CITY harmless as follows: InterGate shall maintain accurate engineering plans and details of all installations within the right of way and shall provide as -built plans prior to closeout of Permit Number: f 418)00 -277. CITY shall determine the acceptability of any as -built submittals. The Public Works Director for the City of Tukwila reserves the right to require InterGate to obtain a performance bond for work in the right -of -way. Such bond shall be issued by a company licensed by proper authority of the State of Washington and shall be filed with the City Clerk's Office until release is authorized by the Public Works Director. InterGate agrees to defend, indemnify and hold harmless the CITY from any and all claims for damages brought by any party regarding the data conduit, it's operation, 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. 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 CITY. Whenever the CITY determines that it is necessary for any of InterGate's facilities to be moved or relocated to accommodate the construction, alteration, repair, or improvement of the right -of -way for purposes of public welfare, health, or safety, CITY shall notify InterGate in writing of such determination, and InterGate shall promptly submit plans for such relocation.. Within 90 days . of the approval by the CITY of the plans for relocation, InterGate shall relocate those facilities designated by the CITY. All costs of moving or relocating such facilities shall be the sole responsibility of InterGate. InterGate shall subscribe to and maintain membership in the regional "one- call" utility location service and shall promptly locate all of its lines upon request. The City shall not be liable for any damages to InterGate's system, components, or interruptions in service for which InterGate has failed to properly locate its facilities within the prescribed time limits and guidelines established by One -Call. The CITY shall also not be liable for any damages to InterGate system components or for interruptions in service resulting from work performed under any other permit issued by the CITY. If during the construction process InterGate or its contractor /subcontractor damages a pipeline or electrical line, InterGate 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 any of InterGate's action or lack of action to correct a situation that threatens life or property, the CITY may order InterGate to immediately correct said emergency situation, or at the CITY's discretion, undertake measures to correct situation itself. InterGate shall be liable for all costs, expenses, and damages attributed to the emergency as undertaken by the CITY. CITY shall be reimbursed of all costs within thirty (30) days of the completion of the emergency project. This Agreement shall be recorded by the City Clerk with King County and the cost of said recording shall be paid by InterGate. Nothing in this Agreement shall relieve InterGate from any obligation to obtain approvals or necessary permits from applicable federal, state and CITY authorities. Dated this ap CITY OF TUKWILA day of Nh -2000. ,i3tc.j)13 n t 2L?CR. LIC WORKS IIRECTOR INTERNATIONAL GATEWAY EAST LLC and INTERNATIONAL GATEWAY WEST LLC, by SABEY CORPORATION, Manager 41. Byj STATE OF WASHINGTON Its: COUNTY OF KING —Jo, v►\e s CFO On this day, before me personally appeared JIM MORROW 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. GIVEN under my hand and official seal this 201jt. day ofy%Wirn, 22000. GE A. D \\,t, • i 10 NOTARv � • :U (,) • / /ii PUBLIC i ,'• �\\\WAS` N. Z. NOTARY PUBLIC in an for the State of Washington residing at kemtryi,, k)14 My commission expires: 6-/6-41/ STATE OF WASHINGTON COUNTY OF KING On this day, before me personally appeared � 1-a tus P u O&. to me known to be the r of Sabey Corporation, as Manager of International Gateway East LLC and International Gateway West LLC and executed this instrument on behalf of Sabey Corporation, as Manager of International Gateway East LLC and International Gateway West LLC, his capacity as CPO and acknowledged that he is authorized to do so as his free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of k) o 0- , 2000. Approved as to form. NOTARY PUBLIC in d for the State of Washington residing at auras - My Commission expires: 51i;/04 Attorney for t t - City of Tukwila i \ 111 111 II 111 111 SD CD Ra+- 111.28 E IY 144109.68 (3 L 1 I NORTH -:* 1 ( •- 0 15 30 6o sat v\ i CAP AND MARX END I �� FOR FUTURE EXTENSION tEl SD CB R8 112.28 E 12- E -109 E 12-1f -110. 55 v441.113- +�69 E 8. 107.09 6 $,0.07.0 1AP 22' 1, 6'1- SD C8 74 1, N- 18q,24 f 12.5:186.39 IS 24. X108.54 E 12 so cs go="14 +1,2.0 1c 12 5- 1 g \\ i r Q Exhibit B SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. LOT 3 THAT PORTION OF GOVERNMENT LOT 15 AND THE . SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER. SECTION 10 AND THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, SECTION 9, ALL IN TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE 'WEST ONE- QUARTER CORNER OF SAID SECTION 10; THENCE SOUTH 01'46'02" WEST ALONG THE WEST LINE THEREOF A DISTANCE OF 107.22 FEET TO A POINT ON SAID LINE; THENCE LEAVING SAID LINE SOUTH 87'3312" EAST A DISTANCE OF 512.24 FEET; THENCE SOUTH 01'46'02" , WEST A DISTANCE OF 402.93 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 8813'58" WEST A DISTANCE OF 616.42 FEET; THENCE SOUTH 32'09'15" EAST A DISTANCE OF 26.64 FEET; THENCE SOUTH 22'04'16" EAST A DISTANCE OF 220.58 FEET TO A POINT ON THE WEST LINE OF SAID GOVERNMENT LOT 15; THENCE LEAVING SAID WEST LINE SOUTH 10'41'52 ". EAST A DISTANCE OF 188.37 FEET; THENCE SOUTH 21'08'19" EAST A DISTANCE OF 277.53 FEET; THENCE SOUTH 01'46'02" WEST A DISTANCE OF 559.51 FEET; THENCE SOUTH 8813'58" EAST A DISTANCE OF 351.41 FEET; THENCE SOUTH 01'46'02" WEST A DISTANCE OF 247.71 FEET TO THE NORTHEAST CORNER OF LOT 10, DONALDSON ADDITION, ACCORDING TO THE PLAT THEREOF RRECORDED IN VOLUME 20 OF PLATS, PAGE 46, RECORDS OF KING COUNTY, WASHINGTON; THENCE SOUTH 8918'50" EAST A DISTANCE OF 50.02 FEET; THENCE NORTH 01'46'02" EAST A DISTANCE OF 73.78 FEET; THENCE SOUTH 8918'50" EAST A DISTANCE OF 220.09 FEET TO THE WEST MARGIN OF 35TH AVENUE SOUTH; THENCE NORTH 01'46'02" EAST A LONG SAID WEST MARGIN A DISTANCE OF 651.78 FEET TO A POINT ON SAID MARGIN; THENCE LEAVING SA(D MARGIN NORTH 88'13'58" WEST A DISTANCE OF 227.95 FEET; THENCE NORTH 01'46'02" EAST A DISTANCE OF 740.00 FEET; THENCE NORTH 8813'58" WEST A DISTANCE OF 30.00 FEET TO. THE POINT OF BEGINNING. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. r Exhibit C PARCEL A: THAT PORTION OF THE NORTH Y2 OF THE NORTH %2 OF THE SOUTHEAST '/a OF THE SOUTHEAST 1/4 OF SECTION 9, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING WEST OF STATE HIGHWAY NO. 1 AND EAST OF A LINE RUNNING FROM A POINT ON THE NORTH LINE , 614.26 FEET EAST OF THE NORTHWEST CORNER OF SAID NORTH '/2 OF THE NORTH %2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 , TO A POINT ON THE SOUTH LINE, DISTANT 609.73 FEET TO THE SOUTHWEST CORNER OF SAID NORTH 'A OF THE NORTH 'A OF THE SOUTHEAST 1/4 OF THE SOUTHEAST'' /4; EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED TRACT; THENCE NORTHERLY ALONG THE WEST MARGIN OF STATE HIGHWAY NO. 1, A DISTANCE OF 246 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTHWESTERLY AT RIGHT ANGLES 130 FEET; THENCE NORTHERLY PARALLEL WITH THE WESTERLY MARGIN OF SAID HIGHWAY TO THE NORTH LINE OF THE ABOVE DESCRIBED TRACT; THENCE EAST ALONG SAID NORTH LINE TO THE WEST MARGIN OF STATE HIGHWAY NO. 1; THENCE SOUTHERLY ALONG SAID WEST MARGIN TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.