HomeMy WebLinkAbout1991 - Easement Agreement - City of Seattle - 9109271261EXHIBIT "A"
FLOOD PROTECTION LEVEE
BASEMENT AGREEMENT
THIS EASEMENT AGREEMENT, made this date by and between
THE CITY OF SEATTLE, a municipal corporation of the State of
Washington, hereinafter referred to as "Seattle" and THE
CITY OF TUKWILA, a municipal corporation of the State of
Washington, hereinafter referred to as "Tukwila
WITNESSETH:
That for and in consideration of Five Hundred and
no /100 Dollars ($500.00), the mutual covenants and
agreements hereinafter set forth, and the benefits which
will accrue to the land by exercise of the rights herein
granted, it is agreed by and between the parties hereto as
follows:
1. Seattle hereby grants to Tukwila, and to such
governmental agencies as may become its successors or
assigns, a perpetual easement for the purposes of
construction, reconstruction, replacement, enhancement,
repair, maintenance, operation, inspection and patrol of a
flood protection levee over, through, along and across the
following described real property in King County,
CO Washington:
N
ti That portion of the Cedar River Pipe Line No. 4
Cv Right -of -Way (aka Bow Lake Pipe Line) as defined
C) in the instrument recorded under King County
Q Auditor's File No. 4106155 (Exhibit "B in
U) Government Lot 1, Section 25, Township 23 North,
Range 4 East, W.M., lying between the extensions
of the northwesterly and southeasterly lines of
that certain 30 foot wide River Protection
Easement granted to King County by instrument
recorded under Auditor's File No. 7608040557
(Exhibit. "C Said Exhibits "B" and "C" are
attached hereto and by this reference made a part
hereof.
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2. Seattle retains, in its ownership of the underlying
fee, the right to grant or deny permission to use or occupy
the easement area for any other purpose, provided that such
use or occupancy shall not unreasonably or permanently
conflict or interfere with the flood protection levee.
The use of said property by Tukwila for flood protection
levee purposes shall in no way otherwise interfere with the
present or future use of said property by Seattle for water
pipeline or other purposes.
3. Seattle shall have the right to operate, maintain,
inspect, repain and patrol water pipelines and related
facilities or other Seattle improvements within said
easement area. Seattle shall also have the right to
construct, reconstruct, replace, enhance, and make
significant repairs to water pipelines and related
facilities or other Seattle improvements within said
easement area, provided that Tukwila shall be notified in
advance of any such work, except when an emergency exists.
EXCISE TAX NOT REQUIRED
King Co. Records Division
dt sk-E) Deputy!
Flood Protect Levee, cont.
Page 2 July 24, 1991
Tukwila agrees that Seattle shall not be liable for damage
to said flood protection levee within said easement area, or
for the reconstruction of said flood protection levee by
reason of such work or operations beyond reasonable
restoration of the levee to a condition equal to that
existing prior to such work.
4. Except when an emergency exists, it is expressly
understood and agreed that before any construction,
reconstruction, replacement, enhancement, or substantial
repair of said flood protection levee within the easement
area is made by Tukwila or its agents, plans shall be
supplied to Seattle Water Department for approval prior to
the commencement of such work. Such plans shall indicate
the permanent grade established, depth of cover over any
existing pipelines and appurtenances, and schedule for
actual construction. No such construction or improvements
for flood protection levee purposes shall be undertaken
without the prior written approval of Seattle's
Superintendent of Water. Such approval shall not be
unreasonably withheld and, in any event, Seattle shall
respond within three (3) months of receipt of such plans.
Forty -eight (48) hours' notice shall be given to Seattle
Water Department, Transmissions Section at (206) 255 -2242,
prior to the actual start of any construction or
improvements. When an emergency exists, Tukwila shall
notify Seattle of such work as promptly as is practicable.
5. Any altering, moving, adjusting or repairing of
CD pipelines and /or other Seattle facilities required by the
N rights herein granted to Tukwila for said flood protection
ti levee shall be performed by Seattle at no cost to Seattle.
CV All such costs shall be reimbursed to Seattle by Tukwila.
Q7 Enhancements or upgrades to Seattle facilities made in
CD conjunction with such work shall be at Seattle's expense.
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6. It is also understood and agreed that Tukwila,
their contractors or agents, shall have the right to recover
from the land above described such flood protection levee
materials as may be deposited thereon resulting from any
occurrence.
7. To the fullest extent permitted by law, Tukwila
agrees for itself, its successors and assigns, to defend,
indemnify and save harmless Seattle, its elective and
appointed officials and employees from and against any and
all claims, actions or damages of any kind or description,
including the cost of defense thereof, which may accrue to
or be suffered by any person, persons or property by reason
of Tukwila's sole negligence or, if caused by Tukwila's
concurrent negligence, limited to the extent of Tukwila's
concurrent negligence in the use of said easement area or in
the exercise of the.rights and privileges granted under this
easement.
8. This easement shall run with the land and be
binding upon and inure to the benefit of the parties hereto
and their respective successors and assigns.
Flood Protecti gee, cont.
Page 3 July 24, 1991
IN WITNESS WHEREOF, pursuant to the provisions of
Ordinance No._ of THE CITY OF SEATTLE, said City has
caused this instrument to be executed by its Mayor and City
Comptroller thereunto duly authorized and has caused its
corporate seal to be hereunto affixed this dp-fA- day of
j6�er 1991.
THE CITY OF SEATTLE
STATE OF WASHINGTON
ss.
COUNTY OF KING
By:
`&n B. ice
or
AA
4Noand J. rook
City Comptroller
Dated:_ 5?0, M-7/
Notary,Ptblic in and for
the St of Was ing�o t
residin at
My appointment expires
ACCEPTED BY THE CITY OF TUKWI
v
By:
this -day of 1 5� ,1991.
Title:
I certify that I know
or have satisfactory evidence
UO
that NORMAN B. RICE and NORWARD J. BROOKS are the Mayor
and
N
City Comptroller of THE CITY
OF SEATTLE, respectively;
that
each signed this instrument;
that the seal affixed is
the
N
seal of the CITY OF SEATTLE;
that Mayor Rice stated on
oath
QQ,
that he was authorized to
execute the instrument
and
Q
Comptroller Brooks that he was authorized to affix the
City
seal; and each acknowledged
the instrument to be the
free
and voluntary. act of the City for the uses and purposes
mentioned in the instrument.
Dated:_ 5?0, M-7/
Notary,Ptblic in and for
the St of Was ing�o t
residin at
My appointment expires
ACCEPTED BY THE CITY OF TUKWI
v
By:
this -day of 1 5� ,1991.
Title:
VOL 3020 PA
?��-�m 11 z� L EXHIBIT "B"
1
0
�WARRA QTY DEED x, ;}aS t
�'rr.,;ri3 moo. i,
i Y t I (STATUTORY FORM) J�li 1SSi1 il);`�/
(INDIVIDUAL) =r II
The Grantor HERMAN f,.._ANDERSC1N._ and- LRA.CE_ C. _,ANDE R SLII�II, -�iB wife
residing at--------------------------------------------------
for and in consideration �In�- x Sl7CQ L- 81JCts-
and no/100 It
U 5 Dollars in hand paid, convey___- and
warrant__ to City__of _Seattle,_ a_ murlicj. ga]__ 44 .'p4Y'_QQCl....______
__the grantee____ the following described real estate
A strip of land 30 feet in width over and across a portion of Government
Lot 1, Section 25; the northeast one quarter of Section 26; and the W.11.
Gilliam Donation Land Claim No. 1F0 in Section 2 all in Township 23 North',
Range 4 East, W.M.; and over and across`Tract 1, The Interurban Addition
to Seattle, the center line of which said strip is described as follows;
Beginning at the southwest corner of said Tract 14; .thence on the west
line of said tract north a distance of 15 feet; thence on a line parallel
to the south line of said Tract ll� south 88 east a distance of
168.43 feet to the true point of beginning; thence continuing on said line
south 88 °2 5 1 27' 1 east a distance of 1282.97 feet to a point that is north
88 °25127" west.a distance of 555.99 feet and north 1 east a distance
of.15 feet from the northeast corner of said Section 26; thence south
easterly on the arc of a curve to the right having a radius of 920 feet,
N and through a central angle of 25 0 41 1 00 a distance of 412.40 feet to
-point of tangenc thence south 62 °1[)127" east along said tangent, a
N distance of 330.z� feet to point of curve; thence southeasterly along the
are of a curve to the left having a radius of 920 feet and through a
Ocentral angle of 21{. a distance of 393.06 feet to point of tangencyr
thence south 87013112"-east to an intersection with the low water line on
C left bank of Green River,. excepting therefrom the rights -of -way of
any King County Roads crossing said strip; all bearings being referred to
the Lambert Grid as used in the Aerial Survey for King County, Washington;
together with the ri ht to enter upon, occupy and damage, during the
_construction of the 90 -inch watermain in said right-'bf -way, a strip of
land 30 feet in width, the north and northeasterly line of which said
strip, coinciding with the south and southwesterly lines of said 30 -foot
right -of -way;
situated in the County of__ State of Washington.
Dated L_7a� ra..GtR,t_Y X 3, 1 A D., 19
Signed in presence of--- C1
1
STATE OF WASHINGTON,
as. (INDIVIDUAL ACKNOWLEDGMENT)
County of----------- 1-1,
I, 2f Notary Public In and for the State of Washington residing
at-- do hereby certify that on his__
day of___- �r���s. -n�i 19s4 Zp2rsonally appeared before me---------
-�.n
'ta me 1 :fir� wn to be the individual_�__described In and t ho executed the within instrument and acknowledged that
----signed and sealed the same free and voluntary act and deed for the uses
and 11 herein mentioned. D
I ND MY IIAND AND OFFICIAL SEAL this__ day of
19_
Notary. Public In and for -the State of Washington• rCSidhid at:____ /_L�?'�t�l
______in said County,
I
R. a4 vas I;0 4ridau EXHIBIT "C"
ow
2 7b44•' 10th South
RaPxWa, uaah. 98054 YIIVLR PROTECTION EASEMENT
R/W arJe■ Niter
Yila 'N' f2 p6
THIS 1NDENTME MAda thin ,-let day or �Juj
1*76
bttwarn
Orontor, and ng ountro s legal su s on o�a State
of"V 44TI ngtono
dranteei
NITMEBUTH, that first party in aonaidaration of t U A 1 b 4 n!jiU
rsaaipt of which is lacknowlvdgdd, and the banefitewWrcn
will accrue vo
tha land of Grantor by the oxerctne of the rights heratn
granted, do hereby
romise roloo*a and forever grant unto the Qr#ntea, its
auacassors &Ad
+q' saaigna, on essemont and right- of -uny for the put
hareinIft4ir 1t1W
Along thi 141, U nk 'oC Gr" River
within e
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strip of isnn'd" 7 76a t in utdtn tnat"'I�' para�`Ie�,
TLx Lot 79.
rartiea of GWIrMant last 1 ts$Rinnio% At s pt. 1.14,90 (sat Baal of the N.V. A -&Msri !UMt.
SOuth 00 Bast 970 Coati Theaca Bast 269 ft, Wre or lass t4 tlwl 11r lisps of iAid
Gov*ruoeut Lori Thanas Nly to the North Hirai Thsncb Vast C BASS ZAintl 4 tAks
rips Una X1W 189 Raada. sactlon 93, Tovnsuip 23 Harth, Mugs 4 Eiat
30 ft. anaeawmh- the Taft bank of Green Rivar rivin4 Un$ Caunty tha'tight to
conatruot acid I..v.Atain any flood coutroi de vica, rsesov* brush growth and tro4s, AL90
any rrasuawa aeosss uaosasarl' for River Impe.:uemat Vork.
Notst To King County its out eassiors and assi.p$.,,
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Said osaemsnt and-right-of-way sre for the following purposes t
The right to outer upon the above daaaribed land to construct, r&construot,
auintain and repair a bank protaation and /or other flood control works,.
inoluding all appurtennneee t•hereto together With right to trite, aut
fell and remova all such trees, brush and other natural growth and obstruat."
Iona an are naaessary to provide adoqueta clearance stud to eliminate inter-'
ttrenob with, or hazards to thi structuree,
The consideration wbove mentioned is- soaepted as full oamponastion
to tha .exercise`of the rights above'grantad.
To Nava and to hold, all and singular, th* said earetment ohd right
'of -way, together with bppartananoas, unto Orantae its auacesiaora and
ammigna.
III WITinr9S 1-41MEOF the Clrantor v hereunto set their hand,' the dsj'
and yier above written.
filed i0r R*Wd At T)t Requsut 01 cu
1
r4nnror y
YN minty Rga1 l�cc`SG.:.`' d: =ice.,
Dh 'A4 EXCISE TA W5 QUiREQ
King Co. Rawds Dkjan
STATE
COUNTY OF�lKIltdttC}TON e e 6y 1 Deputy
On this daT appeared befor me Robert 0. Van vo s rd 4 n and Sylvia D.
Van Woorden
Ic m e known lo tea ten v usi a;rcrig in moci who exeautso"We
foregoing instrument, and acknowlcffged to me that the signed the
aama as their froo and voluntary set ann ""Seed, far the ugga
And purpoara t wry n raxM ansd.
Given under r+y hand ondloffioial a2 thi. 48th o 'JUly 1574
Votary rublia in and far the Stare a On, rod h �a
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