HomeMy WebLinkAbout1966 - Easement Agreement - City of Seattle / Totem Pontiac / Oldbright Robert et al - 61267216126721
MAY -11 -2004 10 05 FROM T CBELLEVUE) CUMMLHC 1 HL I U •iii454bJi)i
NTS AGentrefff, made this ' 1 ( 2 ) darer 1 1 . 4 , A , t ice, between
THE CITY OF SEATTLE , a IAW1Ci pal Cerporetion, hereinafter called the "City" and
TOTEM PONTIAC INC , 13C.ROBERT OLDRIGHT THELMA OLDRIGHT bin wits, heare-
inafter called the t±renteee, alley is
That for and, 113 coneideratlon of the sin of IVO 1:110t WD 70011 8UITOZ) 1l=tLA
($2,400), receipt of which is hereby acknowledged, and in consideration of the mutual
covenants and agreements hereinafter set forth, it is agreed by and between the teatime
Nhereto as follnvs :.
1. The City be obi t rate to the mss, their successors an& waives, an
easement for an access —ad and utility purpose, over and across the Zollauing de*
scribed real property, to wit;
That portion of the Stephen boater Donation Claim No. 38 Lathe
NE 0 of Cection 15, 2brnship 23 nOrtb, Rene* h lest, Y.11., in
Kind County, Washington, being a strip of lead lying 30 feet on
each aide of and adjoining a centerline, described se follows:
Commencing at a point which haze North 40001'O5' Vest 900.15
feet trope a noncom* at the ps nt of intersection of a curie on
the center line of the DnM .isb Renton .h ectic@ Vend, said point
of lntersectioa being apprvrinatsly 3000 fret east and 20 feet
south of the quarter corner between Sections 3k had 15, lbws-
ship 23 Worth, Sea®, 4 last, V il., theme Nortb 4902ti'00 West
on a line 100.00 feet distant from and parallel with the center
line At the said Dawanieh Craton .!unction Road, a distance of
835.00 feet to a point which bears Worth 9104115" lost 199.17
feet from a 'aoale.snt at the end of a curve on-the canter line
of the acid Dwgst •h n►nton Junction Road�t soil end of curve
being npproeinately 1200 feet north and 440 feet wet of the
quarter corner between as44 Section', 111 and 152 tomes South
40036'0O" West 20 feet to the northeasterly saris of The City
of Seottls's' ..ratitamiuion line sten of way, thaws* North
49.2400::" Woat a1or., said northeasterly margin 326.21 feet to
the true point of beginning of said abater line: tbeaee South
4ue36'00" West 100 feet to the point of Unease a of Mid center.
Tina in the vauthwesterJy sprain of said transmission line right
of way. .
P. the oonetrvctlon of said .eaves road shall be st the existing grade end the
construction, mo:.n.►nnnee, operation and nee of said ernes road and utilities shall
be at turn sole o.at and axpmnM of the Ortntees, and occupancy of said
pr- iperty by the Grantee' shall in no way intsrfer•. ._ -.. .be present or fwtul'e use of
0104 property by the City for any purpose cot tnco.. ... Lb. 'use thereof ibr
acid ueccse rood, and for utilities therein when sutwrited under Persgralab 7 below.
Should any of the City's utilities be damaged or disturbed by resaoa of the con"
otructi.on, maintenance, operation arum of said renWhlay, the City may repair sueb
feellisiea and the Grantees 'shall pay the asst of ouch repair.
3. The Grantee* 61so11 at no tine Sntertere with the City'u access to pad over
paid !property.
4. In O.e event the easement herein granted be abandoned by the Grantees, their
heirs, nucc -..ore or sasi$ns, Chia easement eba31 terminate and revert .,e the City,
itn auceesoora or east. n.
k1� Grantees nice that the City shall not be liable for any deluge to said
r- r :awny ,r uttlttlea by reeeoo of any construction, alteration or maintenance of
�,1 „�•umr :. :- ;. :•, :'. ± ••„ E.,ld property by the City, itt agents or repreaentstives.
tr.r at N::qu, it u1
VIHY 1'- 10414 116;10 F- UI'I ltitLLtVUG) LU1'11'I.RL JML ill J1G1YJ .V 1 1J1 V
4882 FE( 495
6. Tee Grantees agree to indemnify and ammo tr!t.rlees 0.41 N1:7 a,;; n.t" n?
claims, action*, or damage. of Gayland or description rainhmey accrue to orb* suf-
fered by any person or persons or property by reasoner the construction, maintenance,
operation or use of said midway or utilities, or the nee or occupancy of said property.
by the Grantees, their successors or assigns. In the ogee of any suit or action brought
against the City by reason tbersot, the Grantees, their hairs, successors *resolve, •
— will upon antics to than of the eteMeacsrryt thereof, dmfand snob salt or action et
E9their sole cost and expanse and Pill fully satisfy the final judgment rendered in any
such action.
CV
7. Me Grantees agree to a•ostruet said roadway and any utilities which the
"G Creator hereafter authorises the Grantee or others to install, in gush s sam»r that
access will be provided at all times to sod from the Grantor's lands *Opining the
northeeeterly and southeasterly margins of said roadway; and to construct said *eases
road in ouch s manner as to provide adequate drainage faeiltt1 $ for the disposal of
aurface waters. Plans for the instillation of arm utilities over, nader and across
*aid tr euesissifn line el,d'ut of war shall be submitted to The City of Seattle es a
part Of cue app11c41/14 by the Creataes, or say *their patron or corporation, publio .
or private, for permission to install the saes, and in the *rant such permission is
granted, be approved by the Grantor prior to construction.
8. Toe easements and covenants of the Grantees heroin are port of the consid-
eration for the granting of this easement, and to tba event of default or failure by
the Grantees le the psrforaMacc of wet the terms or coalitions hereof, all rights
and privileges Of the Greaten hereunder shall cease, and said easement *ball termi-
nate And revert to the City. its suceeseoss or assigns. MM. to exorcise tide
right it any A..Articular time shall not limit the City's future riot to 4o s0.
. TX V OEM YIOGX0?, the City has caused this ag eaasat to be executed 'uy its
Mayor and City Comptroller pursuant to ordinance "Me , and the Grantees
have executed the *Aft this leer - day cf tie r 1966.
j • r.
''ttFF • r.
-
SP: CITY or SV. m
Reyes
gran �'. _ 4S1‘, a-... . r . .... +l t.swr.
City Oomptwller
41(4044
rrt L. o
•
1 elms Old •ighwy
TOTEM PONfIAC, IAC.
Ry • -. '- -•-