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Home My WebLink About2002 - Encroachment into City Right-of-Way - Beth Ha Shofar Synagogue - 20020212002876Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in) O c Ay 1 .i c O,-k. 1 itv C.T7 v j tLr YY' a% r=QC '•�E VV 7. 3. 4. Reference Number(s) of Documents assigned or released: iavo 1 2 tl Additional reference #'s on page of document Grantors) (Last name fir[, then first name and initials) 1 sue L' in- '..S 8� ,�K;,J LA 3. 1 Additional names on page of document. Grantee(s) (l ast name first, then first name and initials) 1. tee__ $c.Stk 'tt».. tcr=Ap._ ..5y7 04,6c6 3 4. I I Additional names on page of document Legal description (abbreviated: i.e. lot, block, plat or section, township, range) M k) 15-a 4 Gry ?ouJ -vin /3'z/ 3R—re 77J J ,3a a 7 34 iL'O_&s.u. I !Additional legal is on page of document Assessor's Property Tax ParceliAccount Number 1-3S cat. o 01- (PS "1 -OR- GC 3 sAtco 0 1 40 Ll Assessor Tax not yet assigned 1-3S a 0 O 35%0 c^ -4 s el The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. cc) r-- m c 0 o o Return Address: c.r T C 1 R-K C F �4- Tu�t3 L IA 1111111 1IH1 j 20020212002876 CITY OF TUKUIL 11ISC 12.00 PAGE 001 OF 004 02/12/2002 15:23 KING COUNTY, WA information WASHINGTON STATE RECORDER'S Cover Sheet (RCw 65.04) ENCROACHMENT INTO CITY RIGHT-OF-WAY \II01 -211 Beth Ha Shofar Rockery in Right -of -way at 37 Avenue South LOCATION: From 13001 to 13027 37 Ave S. Address Parcel 13001 37 Ave S i 735960 -0765 13007 37`" Ave. S. i 735960 -0770 13013 37 Ave. S. 735960-0775 3 13017 37`" Ave. S. 735960 -0780 13021 37 Ave. S. j 735960 -0789 13027 37`" Ave. S. 735960 -0790 WHEREAS Beth Ha Shofar will build a rockery in City of Tukwila, hereafter referred to as "CITY right -of -way between 13001 37` Ave. S. and 13027 37 Ave. S. inclusive, under street use permit M101 -211; WHEREAS Beth Ha Shofar 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 Beth Ha Shofar 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 m 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 Beth Ha Shofar 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 o the parties set forth herein, the sufficiency of which consideration is hereby acknowledged. IT IS HEREBY AGREED AS FOLLOWS: CITY hereby grants to Beth Ha Shofar, the right and permission to use 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 Beth Ha Shofar and its successors and assigns. Beth Ha Shofar's ability to use 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 Beth Ha Shofar on the right -of -way located at the addresses above and as shown on Exhibit A. \1101 -211 Rockery Encroachment Agreement Page 1 Beth Ha Shofar agrees to these terms and conditions and agrees to defend. indemnify. and hold the CITY harmless as follows: Beth Ha Shofar shall provide as -built plans prior to closeout of Permit Number: N1101 -211. CITY shall determine the acceptability of any as -built submittals. Beth Ha Shofar agrees to defend, indemnify and hold harmless the CITY from any and all claims for damages brought by any party regarding the rocker•, its location, maintenance, and repair of the same, and shall defend, indemnify and hold harrttless 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 attomev'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 necessan for anw of Beth Ha Shofar's facilities 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 Beth Ha Shofar in writing of such determination. and Beth Ha Shofar shall. within 30 days, submit plans for such relocation. Within 90 days of the approval by the CITY of the plans for relocation. Beth Ha Shofar shall relocate the rockery. All costs of moving or relocating such facilities shall be the sole responsibility of Beth Ha Shofar. tars If during the construction process Beth Ha Shofar or its contractorf subcontractor CV damages utilities or other public or pri vate property, Beth Ha Shofar 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. o If. during construction or following completion of the rocker-, any of Beth Ha Shofar's action or lack of action to correct a situation related to the rocker- that threatens life or property, the CITY may order Beth Ha Shofar to immediately correct said emergency situation. or at the CITY's discretion. undertake measures to correct situation itself. Beth Ha Shofar 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 w ithin thirty (30) days of the completion of the emergency project. This Agreement shall record this Agreement with King County_ Records and Beth Ha Shofar shall pay the cost of said recording. Nothing in this Agreement shall relieve Beth Ha Shofar from any obligation to obtain approvals or necessary permits from applicable federal, state and CITY authorities. M101 -211 Rockery Encroachment Agreement Page 2 CITY OF TUKWILA J Morro\ Public Works Department STATE OF WASHINGTON COUNTY OF KING On this day, before me personally appeared JIM MORROW to 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 nLtika$d,Rd official seal this Jacniw! E. A• p2 1 'SS D ION ;�f i NOTAR F' 0 i i i STATE OF WWSPN`EJ•TON COUNTY OF KING On this day. before me personally appeared Thomas W i Leod to me known to be the Tru5te.Z for Beth Ha Shofar, a s}nagogue and executed this instrument on behalf of Beth Ha Shofar in his capacity as IYu s and acknowledged that he is authorized to do so at their free and voluntary act and deed, for the uses and purposes therein mentioned. i t WAS Atts ec fo he City of ukwila \II01 -211 Rocker- Encroachment Areement BETH ILA SHOFAR, Synagogue Its: �In AAL <Gr day of n TARY P CLIC in and for the State of ashington residing at RenfOn NI) commission expires: /6 O5 tell V GIVEN under my hand and official seal this 2 2nd day of Januaru= e n� ‘,30 0 2. S Q *s Stoni 9m II c2&Ce, a. /d9' i .'o N OTARY 'i NOTARY PUBLIC in an d' for the State of v i i Washington residing at ken P UBLI C t op-ed a WPS Page 3