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HomeMy WebLinkAbout2000 - Agreement - F Lee Stenson Construction - 20001228000804 Return Address: CITY OF TUKWILA City Clerk's Department 6200 Southcenter Blvd. Tukwila, WA 98188 (206) 433 -1800 Document Title(s): 3ree nenf beilioevn, F. Lee, 5te,t46ow �nG . & •phi✓ U' o Tukw lour t;il .4'Prope. Owner5 Trivatz he ei a lkces.; iw Ri3ht of L Pero-) t t)o. b' F3 -0361) Parties: Other: Last Name City of Tukwila, Washington CITY OF TUKWILA DOCUMENT RECORDING COVER SHEET F. ee 6604 (;u1nr;,tluuhiow Inc", Company Name (if business) 144 514.) i 53%t •(, 20001228000804 PAGE 11��1 OF 56 KINGBCOUNTY, 11dAA First Name Initials 2 =5t111 05 WWI* LUEDE 5 CCU JOHN ELDER: - 11 01 SOurM S i EEr f)E. Address PinlzieN, WA LiN66 TuNIwATt'. 04989A- LEGRL DESCRi TON: LOTS 25 AND26, BLOCK 3 I MANS ME DOWGAZDeN5 PIV 1 Assessor's Property Tax Parcel /Account Number(s): 33 ie 33 /0 - DUO Public Works: 2/25/97 AGREEMENT BETWEEN F. LEE STENSON CONSTRUCTION, INC. AND THE CITY OF TUKWILA RELATING TO PROPERTY, OWNERS PRIVATE DRIVEWAY ACCESS IN CITY RIGHT OF WAY WHEREAS F. LEE STENSON CONSTRUCTION, INC. has constructed a single family home on property Located at 4418 So. 118 St, Tukwila, WA 98178. WHEREAS at this address and in the location where F. Lee Stenson Construction, Inc. has constructed said structure, exists a legal right of way belonging to the City of Tukwila which permits City access to utilities located underground; WHEREAS F. LEE STENSON CONSTRUCTION, INC. , its assigns and or successors recognizes that the City of Tukwila possesses Police powers granted to it by the Washington State Constitution, Art,X1 to regulate its rights of way and to generally provide for the public health, safety, and welfare, and that the City of Tukwila likewise has legal authority to abate any obstructions or encroachments c� of its rights of ways or utility right of way under RCW7.48; r.� WHERE AS F. LEE STENSON COSNTRUCTION, INC., its assigns and or successors, recognizes CD that should the City of Tukwila at any time desire to access to the location described above, the,City o has authority to remove any obstructions or encroachments on the right of way and can charge the cost of such removal to the responsible owner, and, t^v WHEREAS F. LEE STENSON CONSTRUCTION, INC., its assigns and or successors recognizes that ev The City of Tukwila also has the authority to file a lawsuit requiring removal of any obstructions or encroachments on this easement; NOW TIIEREFORE, 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 F. LEE CONSTRUCTION INC., its assigns and or successors, on the location at the address, above, F. LEE STENSON CON- STRUCTION, its assigns and or successors agrees to defend, indemnify, and hold the City of Tukwila hannless as follows; F. LEE STENSON CONSTRUCTION, INC., its assigns and or successors, agrees to defend, indemnify and hold harmless the City of Tukwila from any and all claims for damages brought by any party re- garding the F. LEE STENSON CONSTRUCTION, INC., its assigns and or successors, structure, its operation, maintenance and repair of the some, and shall defend, indemnify and hold harmless the City of Tukwila from all liability for the City of Tukwila's actions taken, if any, to remove the encroachment or obstruction over the City's utility easement, in the event the City is required to do so to install, construct; repair or otherwise maintain utilities with the City's right of way. This indemnification shall include damages, costs and attorney's fees. In granting permission to owners of the following described property: Lots 25 and 26, Block 3, Plat of C.D. Hillman's Meadow Garden Addition to City of Seattle, according To the plat thereof recorded in Volume 12 of Plats, page 64, in King County, Washington. Parcel No. 33470 -0715.4 and 33470 -0720 The use of the right way for ingress and egress. Whereas the owners of Lot 25, as described above, shall maintain the improvements on the City Right of Way for access to Lot 25 to include the storm drain system And road surface. In the event Lot 26, as described above, should be built or improved on the cost of of maintenance of the right away and drainage as built, shall be borne in equal shares Iv the owners of • said lots above identified This agreement contained in this instrument shall be covenants running with the land and binding on the parties hereto, their heirs, successors and assigns. F. LE STENSON C STATE OF WASHINGTON) ss COUNTY OF KING ) On this 16th day of August, 2000, personally appeared before me F. LEE STENSON, to me known to be the president of the corporation that executed the within instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and each on oath stated that he is authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. STATE OF WASHINGTON) ss COUNTY OF KING ) On this clay, before me personally appeared Jtf'YI Met►VW 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. . tz• WEN under my hand and official seal this 21 day of A usf' 2000. >N ✓ l - Y�-i . Notary Public in and for th State of Washington residing at My conunission expires MARY E. HEINE STATE OF WASHINGTON NOTARY - -- PUBLIC MY. COMMISSION EXPIRES 3 -28 -01 Notary Public in and for the State of Washington Residing at Kent, Washington My conunission expires 3/28/01 C=3 CCU N • CJ CV CITY OF TUKWILA T auust 21 20C.) C-1 LIC WORKS DIRECTOR D A TE` , 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 and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 21 day of Approved as to form. Attorney fo e City of Tukwila Robert F. Noe Mast hl. Pia. NOTARY PUBLIC in and for the State of Washington residing at My commission expires: 05.0.CtS t 2000.