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HomeMy WebLinkAbout1994 - Storm Drain System Easement - Nelsen Helen / City of Tukwila - 94031011599403101159 STORM DRAIN SYSTEM EASEMENT 3 ')Ssi 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 •t 1 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 h oat- 4DI MwQ 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 � , 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; 3� )... ,:..5 /:.iW 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. • 35 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 • 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. • 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 NOUN ) ttch.... OR wA hum :n%0' X0111 T 10 1110 ' ��t041tY1�� Notary pnbUc in and for' the Staty �� hi:4 tan, residing at [// � , !�/y�L My ppointmant expires _ NAME AS COMMISSIONED: deL!A u ft RE-- 37 • • "