HomeMy WebLinkAbout1988 - Easement Agreement - City of Seattle / King County - 88102009398810200939
EASEMENT AGREEMENT
.THIS AGREEMENT; Bede this d,y by and between THE CITY OF SEATTLE :. :mmntclpal corporation ef•the State•of:ttaibington, hereinafter called 'City',
;••.•dad KING COUNTY a political subdivision of. the State That for and to Consideration of OME and m0/100 Dollars ($1.00).
the outual C4Yenants and agreaorents hereinafter set torth, and other '
valuable considerations, it is agreed by and•between the parties hereto
as follows: •
GO
1. City hereby grants to County, and to such mudlclpal corporations
as may become its successor. by reason or incorporation or annexation of
territory including all or any part of theirea below described, being a
portion of Cites 60 -foot -wide West Seattle Pipeline right- of -vay, e
60- foot -wide easement' for public road and storm drainage purposes, for the
extension of South I12th.Street across and along City's said right -of -way,
said easement being more particularly described as follows:
Description:
The south 60 feet'of the southwest one - quarter of the southwest
one- quarter of Section 3, Township 23 North, !r ::ge 4 East, N.M..
lying leeSteriy.of East Marginal may South. ALSO • •
The lee '_r1y 6 feet of that portion of the south•60 feet of
the so.:chwst.one- quarter of the southwest on'- quarter of
Sectton'3,TTownship 22 North, Range 4 East, M.N.. lying easterly
of East Marginal Way South, ALSO
The south 60 feat of Government Lot 10. Section 4; Township 23
North, Range 4 East. M.M., EXCEPT portion thereof lying within
Pacific Highway South. •
Z. City•retatns,•10 its ownership of the underlying fee, the right to
• grant or deny permission to use or occupy the easement area for any other
purpose, including use by.nc: :- City.ut111ty. agencies; provided that•such
use or occupancy shall not unreasonably ar permanently conflict with the
roadway and drainage purposes herein granted; and provided that such
non -City utility ayanctes••sha11 be required 6 restore rcem(ey in accor-
'dance with'County Standards.
EXCISE nu( NOT REQUJRED .
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SEATTLE WATER ER DEPT, ••.
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•3.:::; the event County-or such other municipal corporatloa•as may • ,
., halo! became •.its. succeisor with respect`. to° the:svbject property- ceases . to'. .
use said described area for,road; and storm drainage purposes. as evidenced
••by abandonment, vacation or in another manner, the easement granted herein
. shall forthwith terminate. •
4. The construction and maintenance of a roadway, together with storm
. drainage facilities, wtthim said easenent'area. shall be at no cost or
expense to Clty, and the. use of sifd.property by County for roadway our-
.
poses shall in no we interfere with the,present or,future use Of said
property by City for overhead or underground electrical transmission or
.distribution facilities, for water pipelines or for other purposes.
5. City shall have the right to install, repair, replace,.nratntain,
operate and make lateral connections to any of its electrical transmission .•
and dt5tr1butlon.facll•1tiei, pipelines; related facilities or other City .
Uaproveaoent5 within Said•caserpent area, provided that County shall be
notified in advance or any•suth work, except when emergencies make such
notice impracticable. .County agrees that City shall not be liable for
damage to roadway improvements within said easerr it area by reason of such
work or operations, provided that the City shall restore the surface of
said roa. .1.1 using standard patching procedures.
•
6. It 2s expressly understood and agreed that before any construction
or improvements for roadway or storm drainage are made by County, plans
. will be suppi•ted by County's Department of Public'Works to'City's
.Superintendent of Water and to City's Superintendent of the City Light
Department for approval prior to the commencement or work, and that such
plans sha11.1ndleate,the permanent grade established and depth of cover
over any exiating•pipallne Or pipelines, any existing utilities, and shall
show the drainage pattern within the vicinity. No such Construction or
improvements for roadway or storm dratnage•purposes shall be undertaker,
without the approval,.in writing, of the City's Superintendent of Meter
and Superintendent of Lighting.
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:7. A11'alterations, moving or adjusting of:electrical traenniss•lon.
or'di$trlbution : fac111ties, pipelines an4 ippurtenances required by
• construction of iniprovenients for roadway or storm drainage purposes under-
taken 1y.the County shall be performed by the City at no cost to the City.
• • .8. To the fullest extent permitted by Taw. the County agrees for •
itself, its successors and assigns, to defend. Indemnify and save harmless
the City, its`elective•and appointed officials and employees from and •
against any'and all claims, actions or damages of any kind or description.
.including the Bost of defense thereof. which may accrue to or be suffered .
by any parson, persors,.or property by reason of the County's.sole negli-
gence ar to the extent of the County's concurrent negligence in the use of
said easement area or in the exercise of the rights and privileges granted
under this easement agreement.
. IM WITNESS WHEREOF, City has caused this agreement to be.executed by
its Mayor and City Comptroller pursuant to Ordinance
County has executed this 14th day of Jtine
ATTEST:
114092 , 'and the
THE CITY OF SEATTLE
f.
,198$.
Mayor
TED BY KING COUNTY
By:
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• • STATE OF I(ASKINGTOH)
j as.
COUNTY OF,KIHG )
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SEATTLE
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-p: I certify that I know or A ve satisfactory evidence that nA
14./46-* A. �,,0 .�( f,3.e.14 signed this Instrument, on oa
stated that they were authorized to execute the lnstruient And acknowledged
it as the Mayor and City Comptroller to be the tree•and voluntary act of
Such party for.the uses and purposes mentioned in the Instrument.
•
0� F�;Iated: td /9 /9 ex
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• e ' WAS��� tlappetntment expires y.J/-b''`f •
KINE•COUNTY
Pu r1c an or
ton, residing at
STATE OF WSHIKGTUN)
)ss
COUNTY OF KIHG ) •
I certify. fhat Armin Saulter • signed this tnstrutient. •
on oath stated that be was anthor•ited by the King County Enecative to execute
the tnsirttnent, and acknowledged it as the•Director_•Ogyt FSPC Adminfatrarinrk
*of Xing County, Washington.to be the free and voluntary act of said County for
the uses and purposes mentioned in'the Instrument.
bated:' June 14. 19.58
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auiAgf PuuLitnin enZ or e State of ilashington»
residing at Quvall
Hy appointment aspires• Harch 5. 1991
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