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HomeMy WebLinkAbout2005 - Agreement and Easement for Waterline - John C Radovich LLC - 20050707000393Return Address: CITY OF TUKWILA Bob Baker, CMC, Deputy City Clerk Office of the City Clerk 6200 Southcenter Blvd. Tukwila, WA 98188 (206) 433 -1800 CITY OF TUKWILA DOCUMENT RECORDING COVER SHEET Document Title(s): Agreement Easement for Water Line Parties: John C. Radovich, LLC Other: CITY OF TUKWILA Legal Description: Lots 38 33', Block 17, Hillman's Seattle Garden Tracts, according to the plat thereof recorded in Volume 11 of Plats, Page 24, in King County, WA.. Assessor's Tax Parcel ID #'s: 0002900013 Date of Document: 03 -18 -05 11 200 TUKWILR CI TY 0 RG 43.00 ENT'D SEP 01 2005 PRGE001 OF 006 KING 7 COUNTY, UR _Ci6'c u t r vS This agreement made this 8 V" of Al 4 2005, between John C. Radovich LLC, a Washington Limited Liability Company, "Radovich" herein) and the City of Tukwila, a Washington Municipality "Grantee" herein); WHEREAS, Radovich is the owner of: AGREEMENT AND EASEMENT FOR AO 0.5 r C o7 WATER LINE 1. Lots 38 and 39, Block 17, Hillman's Seattle Garden Tracts. according to the plat thereof recorded in Volume 11 of Plats, page 24, in King County, Washington; EXCEPT the north 14 feet thereof, conveyed to the City of Tukwila, by deed recorded under Recording Numbers 7708160920 and 7805051097. 2. The Vacated Maule Avenue By Ordinance No. &08 (c WHEREAS, Grantee desires a water line and temporary construction easement on Radovich's property at a location more specifically described as herein below; An exclusive perpetual easement over, across, along, in, upon, and under that portion of Radovich's 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 using the water line and appurtenances thereto (herein the "Improvements"). The terms "easement" and "easement area" in this instrument refer to the easement herein granted on Radovich's 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 Radovich's Property, Grantee shall give Radovich 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 Radovich 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 Radovich. Sfr Uo `I \i' \I Vi\! 4. As -Built Survey. Upon Radovich's request, Grantee shall promptly provide Radovich with as -built drawings and survey showing the location and elevations of the Improvements on Radovich's property. 5. Access. The Grantee shall design, construct, maintain and use its Improvements in such fashion as to permit reasonable access to Radovich's Property. Grantee shall at all times keep Radovich's Property free and clear of all obstructions and equipment. 6. 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 Radovich. 7. Release and Indemnity Grantee does hereby release, indemnify and promise to defend and save harmless Radovich from and against any and all liability, loss, cost, damage, expense, actions and claims, including costs and reasonable attorney's fees incurred by Radovich 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 Radovich in its use of Radovich's Property which affect Grantee's employees, agents, contractors, and other parties benefiting from said Improvements; provided, however, this paragraph does not purport to indemnify Radovich against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of Radovich or Radovich's agents or employees. 8. Successors. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. 9. 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 PROPERTY O` CITY OF A By ev V\MLH ItsAO By: Its: ohz� Radovich LLC Title AGREEMENT AND EASEMENT STATE OF WASHINGTON County of On thi /pit day of VitW 2005, before me personally appeared yi4U t t tttGCt_ and 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. o° STR y m o1AR Y s p ..•�s\ov p••. k rr 0 PUB t\G �a. l ea (P:Laurie Adminlliike/Agreement Easement for Water Line Radovich) Notary Public in and for the State of Washington, residing at L iy'' t My Appointment expires O-' o EXHIBIT "A" Legal Description of Easement for the Water Line The westerly 5.00 feet of Lots 38 and 39, Block 17, Hillman's Seattle Garden Tracts, according to the plat thereof recorded in Volume 11 of Plats, page 24, in King County, Washington; EXCEPT the north 14 feet thereof, conveyed to the City of Tukwila, by deed recorded under Recording Numbers 7708160920 and 7805051097. Along with easterly 10.00' of the Vacated Maule Avenue.