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Home My WebLink About2005 - Agreement and Easement for Sidewalk - Heistuman Todd / Reinhardt Eric - 20050210001476City 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) /IL 15 ,pad 2E-IN iI AR 07 E Grantee(s) (Last, First, Middle Initial) Cr: h 0P 7 77 A-r 4 16 P/forms/ recording sheet 2I ✓e1C I tit J 200502 000 TUK UIL CITY 0 PAGE001 OF 006 02/18/2005 12:18 KING COUNTY, Uq Document Titles: A- ea gee,- c r as Additional Reference s on page Additional Referer.ce =s on page Additional Reference #'s on pace Legal Description (abbreviated form: ie., lot, block, plat or section, township, range. quarter /quarter C�>e,Oe -5 ne4c 2 Additional Reference #'s on page Assessor's Property Tax Parcel /Account Number 2 /f7 20o c C Z 5 Additional Reference #'s on page ENT'D MAR 2 8 2005 AGREEMENT AND EASEMENT FOR SIDEWALK This agreement made this 2 day of a 2004, between Todd Heistuman and Eric Reinhardt ("Heistuman/Reinhardt" herein) and the City of Tukwila, a Washington Municipality ("Grantee" herein); WHEREAS, Heistuman/Reinhardt is the owner of: 1. Tract 46 East Riverton Gardens Tracts 2' Addition, in King County, Washington. WHEREAS, Grantee desires a sidewalk easement on Heistuman/Reinhardt'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 Heistuman/Reinhardt's property de- scribed 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 sidewalk and appurtenances thereto (herein the "Improvements The terms "easement" and "easement area" in this instrument refer to the easement herein granted on Heistuman/Reinhardt'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 Rule -s. 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 Heistuman/Reinhardt's Property, Grantee shall give Heistuman/Reinhardt 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 Heistuman/Reinhardt 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 Heistuman/Reinhardt. 4. Access. The Grantee shall design, construct, maintain and use its Improvements in such fashion as to permit reasonable access to Heistuman/Reinhardt's Property. Grantee shall at all times keep Heistuman/Reinhardt's Property free and clear of all obstructions and equipment. 5. 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 Heistuman/Reinhardt 6. Release and Indemnity. Grantee does hereby release, indemnify and promise to defend and save harmless Heistuman/Reinhardt from and against any and all liability, loss, cost, damage, expense, actions and claims, including costs and reasonable attorney's fees incurred by Heistuman/Reinhardt 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 Heistuman/Reinhardt in its use of Heistuman/Reinhardt'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 Heistuman/Reinhardt against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of Heistuman/Reinhardt or Heistuman/Reinhardt's agents or employees. 7. Successors. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. 8. 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 OFT 1 A By-frcn Mt/>�5� Its:: I By: Its: AGREEMENT AND EASEMENT STATE OF WASHINGTON County of On this 25th day of ss. Ocfo 2004, before me personally appeared lurid Heistu and Eric Reinhardt 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. NN NNN P" ••5......ey O o aora�y v N y: U8 :2 0 s (III J w SNP, ilet`a, a. za rv� Notary (print name) A 1 e i Notary Public in and for the State of Was. t gton, residing at Renton My Appointment expires (P:Laurie Adminthlike/Agreement Facement for Sidewalk Heistuman/Reinbardt) AGREEMENT A]'D EASEMENT STATE OF WASHINGTON County of u On this appeared V 1' day o ss. k 2004, before me personally MUM 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. (P:Laurie Admini`fiketekureement Easement for Sidewalk Heisnu Notary (print name) Notary Public and for the State of Washington, residing at ZLwn My Appointment expires 3 •9 L7 EXHIBIT "A" Legal Description of Easement for the Sidewalk The fust 5.00 feet of Tract 46 East Riverton Gardens Tracts 2' Addition, in King County Washington parallel to South 133` Street and 56 Avenue South.