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Home My WebLink About2005 - Agreement and Easement for Water Line - Engstrom Donald Glenn - 20050210001475City of Tukwila City Clerk' Office 6200 Southcenter Blvd. Tukwila, WA 98188 206 -433 -1800 Reference Number(s) of related documents Grantor(s) (Last, First, Middle Initial) IV 6 51 4Nt Grantee(s) (Last, First, Middle Initial) Cf 1 5 e) T(J1Cc�iLt6 20050210001475 TUKUSLA CITY 0 EAS 25.00 PAGE001 OF 007 02/10/2005 12:16 KING COUNTY, WA D ocument Titles: AG /Zee, e ✓r c43 r ;ZG G/ft rrG 644- Additional Reference =s on page Additional Reference =s on oaae Additional Reference =s on 0209 Legal Description (abbreviated form: ie., lot, block, plat or section, township, range. quarter /quarter f Lo-r q %o /31-04.t_ c (t 4 1L LA1MWs Semite" G !r/L rs -w T7't4 -L I _3 Additional Reference =s on page Assessor's Property Tax Parcel /Account Number 336Scio I io (yoa 5 1 13 4° 1 7 4atc P/forms/ recording sheet Additional Reference =s on page ENT'D MAR 2 8 2005 AGREEMENT AND EASEMENT FOR WATrR�UNNE This agreement made this day of A'(? V. 2004, benveen Donald Glenn Engstrom "Engstrom" herein) and the City of Tukwila, a Washington Municipality "Grantee" herein); WHEREAS, Engstrom is the owner of: 1. The easterly 20 feet of the southwesterly half of Lot 9 and the southwesterly half of Lot 10, Block 17, Hillman's Seattle Garden Tracts, according to the plat thereof recorded in Volume 11 of Plats, page 24, in King County, Washington. WHEREAS, Grantee desires a water line and temporary construction easement on Engstrom'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 Engstrom'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 Engstrom'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 Engstrom's Property, Grantee shall give Engstrom 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 Engstrom 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 Engstrom. 4. As -Built Survey. Upon Engstrom's request, Grantee shall promptly provide Engstrom with as -built drawings and survey showing the location and elevations of the Improvements on Engstrom's property. 5. Access. The Grantee shall design, construct, maintain and use its Improvements in such fashion as to permit reasonable access to Engstrom's Property. Grantee shall at all times keep Engstrom'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 Engstrom. 7. Release and Indemnity Grantee does hereby release, indemnify and promise to defend and save harmless Engstrom from and against any and all liability, Loss, cost, damage, expense, actions and claims, including costs and reasonable attorney's fees incurred by Engstrom 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 Engstrom in its use of Engstrom'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 Engstrom against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of Engstrom or Engstrom'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 CITY OF T v A �I�u c PR1y'E �l�r Gfrl vt By.c Its i L_ By: Its: Donald Glenn Engstrom AGREEMENT AND EASEMENT STATE OF WASHINGTON County of On this 5th day of ss. 2004, before me personally appeared Tno. /r/ 4 /P.nn tn9.s *rots and to me known to be the individualli 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. (P:Laurie Admin/MikefAereement Easement for Water Line Engstrom) Notary (print name) I Notary Public in and for the State of Was residing at R2Yif"oo My Appointment expires 4,— 8- 6 K gton, DATED: 2004. STAIbOFWASHL\GTON ss COUNTY OF ICING I certify that I know or have satisfactory evidence that L Aikal is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument, and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. DATED: s;c Pc 4 (Grantor) ,,....,aa �gT H. 0 g r c �6TAp (Print Name) 43.•••me Not taryPublic and for C State ofWas'hington, 1, in �'UBUG residing at 7\ S-9_ ol_.• k My Commission Expires: 5. (1T] 4 in C: \WLNDOWS T MF.Q iL Claa Dad.d1:TeAi'11•u# EXHIBIT "A" Legal Description of Easement for the Water Line The south 20.00 feet of the easterly 20.00 of Lot 9 and the south 20.00 feet of Lot 10, Block 17 Hillman's Seattle Garden Tracts, recorded Volume 11 of Plats, Page 24 in King County, Washington.