HomeMy WebLinkAbout2005 - Encroachment into City Right-of-Way Agreement - Ek Jeffrey - 20051031000491Return to:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
ENCROACHMENT INTO CITY RIGHT OF WAY AGREEMENT
Grantor /Borrower:
D05 -092 Rockery Encroachment
Above this line reserved for Recorder's use
Jeffrey Ek, individual
20051031
PAOE001 OF 005 A6
10/31/2005 10 L
KING
{1 00 3 I'11 DEC 1 5 2005
Grantee /Beneficiary: CITY OF TUKWILA, a municipal corporation of King County,
Washington
Document Reference Number(s): Building Permit D05 -092
Section/Township /Range: NW 26 23 04
Assessor's Tax Parcel Number(s): 5379200203
Property Legal Description (abbreviated):
22 2 MC MICKEN HEIGHTS DIV 1 UNREC N 85 FT OF E 125 FT
Page I of S.
ENCROACI-EvfENT INTO CITY RIGHT -OF -WAY AGREEMENT
This Agreement is between the City of Tukwila ("CITY and Jeffrey Ek et al.
WHEREAS a rockery exists in the CITY right -of -way at 16227 54 AN'. S. and in
Slade Way at this address, parcel number 537920 -0203;
WHEREAS Jeffrey Ek et al is the current owner of this parcel.
WHEREAS Jeffrey Ek et al 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 its rights
of -way or utility easements under RCW 7.48;
WHEREAS Jeffrey Ek et al 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 Jeffrey Ek et al recognizes that the CITY also has the authority to file
a lawsuit requiring removal of any obstructions or encroachments in the right -of -way;
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:
The CITY hereby grants to Jeffrey Ek et al the right and permission to use the
CITY right -of -way for the installation, repair, and maintenance of a rockery constructed
within the portion of right -of -way shown in Exhibit "A." This permission shall run with
the land for the benefit of Jeffrey Ek et al and its successors and assigns. Jeffrey Ek et
al's ability to use the CITY right -of -way is not exclusive and the CITY may require
relocation in the future.
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
Jeffrey Ek et al on the right -of -way located at the addresses above and as shown on
Exhibit A, Jeffrey Ek et al agrees to these terms and conditions and agrees to defend,
indemnify, and hold the CITY harmless as follows:
Jeffrey Ek et al shall provide as -built plans prior to closeout of Permit Number:
D05 -092. The CITY shall determine the acceptability of any as -built submittals.
Jeffrey Ek et al agrees to defend, indemnify and hold harmless the CITY from any
and all claims for damages brought by any party regarding the rockery, its location,
D05 -092 Rockery Encroachment Page 2-of
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 Jeffrey Ek et al's
rockery 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 Jeffrey Ek et al in writing of such determination, and Jeffrey Ek et al shall,
within 30 days, submit plans for such relocation. Within 90 days of the approval by the
CITY of the plans for relocation, Jeffrey Ek et al shall relocate the rockery. All costs of
moving or relocating such facilities shall be the sole responsibility of Jeffrey Ek et al.
If during the construction or repair process Jeffrey Ek et al or its
contractor /subcontractor damages utilities or other public or private property, Jeffrey Ek
et al 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 Jeffrey Ek et al's action or lack of action to correct a situation related to
the rockery that threatens life or property, the CITY may order Jeffrey Ek et al to
immediately correct said emergency situation, or at the CITY's discretion, undertake
measures to correct situation itself. Jeffrey Ek et al 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.
The CITY shall record this Agreement with King County Records and Jeffrey Ek
et al shall pay the cost of said recording.
Nothing in this Agreement shall relieve Jeffrey Ek et al from any obligation to
obtain approvals or necessary permits from applicable federal, state and the CITY
authorities.
D05 -092 Rockery Encroachment
Page 2 of
CITY OF TUKWILA
Iorrow
Pu+ tc Works D
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STATE OF WASHINGTON
COUNTY OF KING
On this day, before me personally appeared Jai \fORROV 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 2-tJ day of
A,
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P its E 4, (,G (C 6?-- /T ��C{ Gf�
S o `S o r m k 9 t NOTARY PUBLIC in and f the State of
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r.+ Washington residing at IZCnjDYt
'1,0-2.\\ UBUC' 2 J My commission expires: 6 -16 -08
STATE OF WAS'I1
COLtNTY OF KING
On this day, before me personally appeared Jeffrey Ek to me known to be the_property
owner and executed this instrument for the uses and purposes herein mentioned.
GI\ N under my hand and official seal this
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Attorney for the City of Tukwila
D05 -092 Rockery Encroachment
Jeffrey Ek
Property «ner
day of
NOTARY PUBLIC in and to the State of
Washington residing at �v‘H CO✓v-
My commission expires: S 1c a\� J
Page of S
D05 -092 Rockery Encroachment
EXHIBIT A
Rockery Locations
Page3 of 5