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Home My WebLink About2005 - Agreement and Easement for Waterline - Knudson Jerry - 20050210001473City of Tukwila City Clerk' Office 6200 Southcenter Blvd. Tukwila, WA 98188 206 -433 -1800 Document Titles: cLe /7 n7J� C3A3� 7� i r'..J/ hie Reference Number(s) of related documents Grantor(s) (Last, First, Middle Initial) >FJ KrU u10_o -0 Grantee(s) (Last, First, Middle Initial) G t i 0 d t J1 Legal Description (abbreviated form: ie., lot, black, plat or section, township, range. quarter /quarter c%r' Si -iti .viii/-)/ Additional Reference =s en pa f 2?:it e i113 %f0,O( c- Assessor's Property Tax Parcel /Account Number COC> •3 co 0 v T J TT ili [FL Hi ll1 1 11 20050210001473 TUKUILA CITY 0 EAS 25.00 PACE001 OF 007 02/10/2005 12:16 KING COUNTY, UA Additional Reference 's on page Additional Reference: s on page Additional Reference #'s on cage Piicrmsf recording sheet Additional Reference #s on page ENT'D MAR 2 8 2005 WHEREAS, Knudson is the owner of: AGREEMENT AND EASEMENT FOR WATER LINE This agreement made this i day of rxm fob), 2004, between Jerry Knudson "Knudson" herein) and the City of Tukwila, a Washington Municipality "Grantee" herein); 1. That portion of the Puget Sound Electric Railroad right -of -way in the southeast quarter of Section 14, Township 23 North, Range 4 East, W.M., in King County, Washington, bounded on the northeast by Maule Avenue, on the southwest by SR 181, 011 the southeast by Right -of -Way Number 4 and on the northwest by Right -of -Way Number 5, both rights of -way as described in King County Recording Number 6557639. WHEREAS, Grantee desires a water line and temporary construction easement on Knudson'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 Knudson'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 Knudson'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. Re. ired Prior Notice and A.. oval of Plans and S.ecifications. Prior to any installation, alteration, replacement or removal of the Improvements or any other major activity by Grantee on Knudson's Property, Grantee shall give Knudson 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 Knudson 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 Knudson. 4. As -Built Survey. Upon Knudson's request, Grantee shall promptly provide Knudson with as -built drawings and survey showing the location and elevations of the Improvements on Knudson's property. 5. Access. The Grantee shall design, construct, maintain and use its Improvements in such fashion as to permit reasonable access to Knudson's Property. Grantee shall at all times keep Knudson'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 Knudson. 7. Release and Indemnity. Grantee does hereby release, indemnify and promise to defend and save harmless Knudson from and against any and all liability, loss, cost, damage, expense, actions and claims, including costs and reasonable attorney's fees incurred by Knudson 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 Knudson in its use of Knudson'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 Knudson against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of Knudson or Knudson'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 Its J B Its: AGREEMENT AND EASEMENT STATE OF WASHINGTON County of ss. On this 0 day o 2004, before me personally appeared 't -zc7 /fla �F� 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. yt)TA y No (print name tj ..fi_ a c. �U3lt� Notary Public in in and for the State of Washington, t cv: residing at /9/'n'indezMr`: 6U,9 9c 92 ,-i\-.<.Aq}; My Appointment expires z//S71 4', O wi (P:Laurie AdminlMike /Agreement Easement for Water Line Knudson) DAZED: STA 1F. OF WASHINGTON ss COUNTY OF KTNG I certify that I know or have satisfactory evidence tha ku is th person who appeared before me, and said person acknowledged that they signed this 'mstn'.rnent, 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 instnim' ent. DATED: l 2f 15 '27" 7 .4 q Ry I'hrf" a c s S NA y O e 5 (Print Name) Fug O; 'y t p \ot ry Public iL and for the State of Washington, T 9 residing at C: \WL\COWS\TEMF.Qui, Claim Boyd docrial 104 iir 2004. 1 4 1 1 OF V I N C S �C 1'IY Commission Expires: -9 V EDIT "A" Legal Description of' Easement for the Water Line The northeast 10.00 feet parallel to the margin of Maule Avenue of the portion of the Puget Sound Electric Railroad right -of -way in the southeast quarter of Section 14, Township 23 North, Range 4 East, W.M., in King County, Washington, bounded on the northeast by Maule Avenue, on the southwest by SR 181, on the southeast by Right -of -Way Number 4 and on the northwest by Right -of -Way Number 5, both rights -of -way as described in King County Recording Number 6557639.