HomeMy WebLinkAbout2007 - Right of Way Encroachment Agreement - City of Tukwila / SeaTac Tukwila Investment - 20071025000524After Recording sent to:
City of Tukwila
Public Works Department
6300 Southcenter Blvd, Suite 100
Tukwila, WA 98188
20071025000524
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KING COUNTY, UA
RIGHT-OF-WAY ENCROACHMENT AGREEMENT
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This Right -of -Way Encroachment Agreement ("Agreement") is between the City of
Tukwila ("City") and SeaTac Tukwila Investment, LLC ("Applicant").
WHEREAS, Applicant is the owner of real property located at 14110 Tukwila
International Boulevard, Tukwila, Washington ("Property") tax parcel ID # 161000-0335;
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WHEREAS, City right-of-way abuts Applicant's Property; and c'k\y GI— S-eot —
WHEREAS, Applicant's sign structure and a portion of his building encroaches into the
City's right-of-way as illustrated on Exhibit A ("Encroachments");
NOW THEREFORE, in consideration of the promises and mutual covenants of the
parties set forth herein, IT IS HEREBY AGREED AS FOLLOWS:
Section 1. Agreement. Applicant's Encroachments may remain in the City's right-of-way
subject to the following conditions:
A. At any time and for any reason, the City may require that Applicant remove the
Encroachments. Should Applicant fail to do so, the City is authorized to remove the
Encroachments and assess the costs of removal on the Applicant.
B. Applicant shall obtain an annual City right-of-way use permit for the Encroachments
and shall abide by all permit conditions. Nothing in this Agreement shall relieve
Applicant from any obligation to obtain approvals or necessary permitsfrom
applicable federal, state or City authorities.
C. The Encroachments' sign and sign structure shall be in compliance with the Tukwila
Municipal Code. Setback requirements shall be measured from the back edge of the
sidewalk located in the right-of-way.
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D. Redevelopment of the Property or alteration of any of the Encroachments shall result
in the termination of this Agreement.
E. Applicant agrees to defend, indemnify, and hold harmless the City from any and all
claims for damages brought by any party regarding the Encroachments, their
location, maintenance, and repair of the same, and shall defend, indemnify, and hold
harmless the City from all liability for the City's actions taken, if any, to remove the
Encroachments or obstruction from the City's right-of-way. This indemnification
shall include damages, costs, and reasonable attorney's fees, and shall not apply with
respect to any willful or negligent tortious act or omission of City.
Section 2. Attorneys' Fees. In any action between the parties to this Agreement to enforce
any of its terms, the prevailing party shall be entitled to recover expenses, including reasonable
attorneys' fees and costs.
Section 3. Governing Law and Venue. This Agreement shall be governed by and construed
in accordance with the laws of the State of Washington. Venue for any action arising out of or
relating to this Agreement shall lie in King County Superior Court.
Section 4. Entire Agreement. This Agreement contains the entire understanding between
the parties with respect to the subject matter hereof. There are no other representations, agreements,
arrangements or understandings, verbal or written, between and among the parties relating to the
subject matter of this Agreement. No amendment or modification to this Agreement shall be valid
or effective unless made in writing and executed by all the parties after the effective date of this
Agreement.
Section 5. Counterpart Originals. This Agreement may be executed in multiple counterpart
originals, each of which shall be deemed to constitute an original Agreement, and all of which shall
constitute one Agreement. The execution of one counterpart by a party shall have the same force
and effect as if that party had signed all other counterparts.
Section 6. Recording. The City shall record this Agreement with the Office of the King
County Recorder and Applicant shall pay the cost of said recording.
CITY OF TUKWILA
Date: DAS/07
Morrow,
ublic Works Director
State of Washington
)
) ss.
County of King )
APPLICANT
I certify that I know or have satisfactory evidence that JIM MORROW is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he
was authorized to execute the instrument and acknowledged it as the PUBLIC WORKS DIRECTOR of
the City of Tukwila to be the free and voluntary act of such party for the uses and purposes mentioned in
the instrument.
DATED: G SSG
•
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i .WAS • ••
State of Washington
County of King
)
)
)
ss.
I certify that I know or
who appeared before me, and
acknowledged it to be his/r
instrument.
NOTARY PUBLIC in
Washington, residing at
My commission expires:
d for the
State of
have satisfactory evidence that %/4g/ 0, tiygD/J is the person
said person acknowledged that he/ske signed this instrument and
free and voluntary act for the uses and purposes mentioned in the
DATED: 10Ia'-(
1-
Print Name: u
NOTARY PUBLIC in and for the State of
Washington, residing at *-/ e
My commission expires: S - /`/ - i o
FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON
Title Order Number: 7CSL-2006072597
LEGAL DESCRIPTION
Lots 1, 2, 3 and 4, Block 4, JAMES CLARK'S GARDEN ADDITION TO THE CITY OF SEATTLE,
according to the Plat thereof recorded in Volume 13 of Plats, Page 12, records of King County,
Washington;
EXCEPT that portion of Lot 4 lying easterly of the westerly margin of 42nd Avenue South as described
under Superior Court Cause. No. 614098;
AND EXCEPT those portions thereof conveyed to King County by deeds recorded under Recording
numbers 5494717 and 6233052.
Situate in the County of King, State of Washington
NOTE FOR INFORMATIONAL PURPOSES ONLY:
The following may be used as an abbreviated legal description on the documents to be recorded, per
amended RCW 65.04. Said abbreviated legal description is not a substitute for a complete legal
description within the body of the document.
LOTS 1-4, BLK 4, JAMES CLARK'S GARDEN ADDN
This property is located in King county.
Recording to be delivered to:
Fidelity National Title Co., 720 Olive Way #515, Seattle, WA 98101
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