HomeMy WebLinkAbout1994 - Storm Drain System Easement - Nelsen Helen / City of Tukwila - 94031011599403101159
STORM DRAIN SYSTEM EASEMENT
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FOR GOOD AND VALUABLE CONSIDERATION,•receipt whereof is hereby
acknowledged, Grantor, HELEN NELSEN, hereby conveys and warrants to
Grantee, the CITY OF TURWILA.,.Waehington, its successors and assigns,
a perpetual, nonexclusive easement under, over, through and across
the property described below-4,-parcels A, BIC and D for a storm
drainage system consisting of a drain pipe and associated
improvements reasonably and necessarily related to construction and
maintenance of such pipe..
This easement nay also be used for the construction and maintenance
of a sewer line. and a waterline if it is determined by the Grantee
that tho.loaation of this easement is•preferred and practical for
this additional development, whether now or later.
The easement property is described as follows and is illustrated in
the sketch as marked Exhibits A, 3, C and D to this documents
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PARCEL A
A strip of land 10 feet in width which is 5 feat on each
side of the following center lines
Commencing at the intersection .of easterly extension of the
center -line of South 108th Street (T -Line) and the west
margin of Puget Sound Power and Light•&ompany right -of -way,
Thanes alonq.said wesg margQin'south 01-20015" west 15.02
fast; Thence north 87'09'106 east 100.03 feet to the
easterly margin of Puget Oound Power and Light Company
right -of -way to the true point of beginning! Thence north
87-09'10" oast 50.59 feet; Thence north 86 36'30" east 4.41
feet to designated point "A"I continnuing north 86 °36'30"
Milwaukee3St. Paul Railroaderight --oof right-of-way terminus of
said conter -line; Also,
EXCISE TAX NOT REQUIRED
• IGna Co. Rsoords Ondrton
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Beginning at said designated point "A.; thence north
03-23'30" west 35.04 feet and terminus of said center -line
Located in the Henry Header Donation Claim No. 46. in
section 24, Township 23 North, Range 4 East, W.H.; in King
County, Washington.
PARCEL B
A strip of land 10 feet in width which is 5 feet on each
side of the following center line;
Commencing at the interseation of easterly oxtension•of the
center -line of South 158th Street•(T- Liiie) and the west .
margin of Puget Sound Power and Light Company right -of -way; '
Thence north 87'09'10• eastsouth
150.62Ofeet; Thence north
86-36'.30" east 75.04 feet to the westerly margin of the •
Chicago' Milwaukee St. Paul Railroad right -of -way to the
true point of beginning; Thence continuing north 86 °36'30•
east 100.76 feet to the easterly margin of the Chicago
Milwaukee St. Paul Railroad right -of -way and terminus of
said center -line.
Located in the Henry Header Donation Claim Mo. 46, in •
Section 24, Township 23 North, Range 4 Bast, W.M.:, in King
County, Washington.
ta-3 • PARCEL C
C A 10 foot strip of land described as follows;
cc*3 Commencing at the intersectin of easterly extension of the
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, center -line of South 158th Street (Y-Line) and the west
margin Powesouth ghC right-of-way; Thence along t1aQ Wih-0
feat; Thence.north 87 09'10" east 150.62 feat; Thence north
86w36'30" east 175.04 feet to the easterly margin of the
Chicago Milwaukee Bt. Paul Railroad right -of -way to the
true point of beginning;
Thence along said easterly margin south 03 °39'16" nest 5.04
feet;
Thence north 86236'30• east 243.76 feet;
Thence north 41 36'30• east 67.54 feet;
Thence south 87 °51'37" east 10.53 feet to the westerly
margin Burlington Northern Railroad right -8f -nay;
Thence along said westerly margin north 02 08'23" east
18.00 feet;
Thence north 87 °51'37" west 12.00 fest;
Thence south 02 08'23" west 5.27 feet;
Thence south 41 °36'30" west 71.65 feet;
Thence south 86 °36'30" west 238.38 feet the easterly margin
of the Chicago, Milwaukee St. Paul Railroad right -of -way;
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Thence along said easterly margin south 03°39116• west 5.04
feet to the true point of beginning;
Located in the Henry Meader Donation Claim No. 46 in
Section 24, Township 23 North, Range 4 East, W.H., in King
County, Washington.
PARCEL D
The east is 15 feet of the following described property.
That portion of Henry Reader's Donation Claim No. 46.lying
Brost of Northern Pacific Railway and east of the Chicago
Hilwaukes and St. Paul Railroad, Northern Pacific Railway
right -of -way, and south of a line 137 feet 'With of the
north line of the above Meader's Donation Claim No. 46, and
lying north of Bow Lake pipeline right -of -way;
Less that portion lying south of the following described
lines
Beginning at the intersection of the projected South 138th
Street ssonumented line and the west margin of the Northern
Pacific Railway right-of -way;
Thence northerly along
railway right -of -way a
point of be innAn
Thence south 87 08'08•
terminus of said line.
the west margin of above said
distance of 17.56 feet to the true
west a distance of 15.06 feet and the
Grantee shall provide hookup to Grantor's existing drain line,' which
is approximately midway between the Burlington Northern and Onion
Papifio rights -of -way, in this easement aria. Grantee's work in the
ditch area shall not impede Grantor'c current drainage to the ditch.
Also, Grantee ahall permit Grantor the right to connect to the
drainage ditch at varioui existing point.,. or as required, to drain
Grantor's property, all subject to Grantee's permit requirements.
After construction, Grantee shall restore the ground surface as
nearly as possible to the condition in which, it was at the
commencement of the work.
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Grantee shall have the right at all times to enter the premises
described above for the purpose of inspecting, maintaining,
improving, repairing, constructing, reconstructing, locating and
relocating the atorm.drain lines, drainage ditch and associated
improvements, and, temporarily during construction, to the adjacent
:,_.men feet.of Grantor's property for construction emcees. Construction
shall occur ao as to minimize impact to traffic on Longacres pay.
Nothing in this Agreement shall prevent Grantor and the same:or "':
another Grantee from utilising this same easement for construction
and maintenance of water and sewer lines, if determined practical,
whenever required now or in the future.
'The cost of any inspection, maintenance, improvement, repair,.
construction, reconstruction, location and relocation of any public
lines and improvements shall be borne by Grantee.. Grantor named may'
personally pave, or permit to be paved,. Grantor's adjoining property
for parking lot and /or building, use and hook up to the system for
runoff caused by such paving, with additional hook -up costa to be
borne by Grantor.
Grantor acknowledges that Grantee does not waive any rights with •
respect to conditions that may be. imposed for other and subsequent
development.
Because Grantor's property for many years has unavoidably and
reluctantly accepted drainage from neighboring properties without
provision of participation through L.X.D. or U.L.Z.D., if and when
such an L.Z.D. or U.L.Z.D. for drainage is developed, Grantee agrees
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and guarantees that Grantor shall be entitled to be credited with the
fair market value of this eaeoment at that time as an offset against
amounts otherwise assessable against Grantor's property.
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Accepted:
Grantee Grantor
City of kwila
9y: il% // *
1'Or He en Ne sen
State of Washington
County of Xing
i certify that there appeared before me as a person that 1 ;
know or have satisfactory evidence was HELEN NBLSEN who signed this -0
STORM DRAIN SYSTEM EASEMENT and acknowledged it to be her free and
voluntary act for the uses and mentioned in this instrument .=
DATED ///6 , f�c
Approved as to Bore
Office of the City
Attorney
00100444
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Notary pnbUc in and for' the
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My ppointmant expires _
NAME AS COMMISSIONED: deL!A u ft RE--
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