HomeMy WebLinkAbout1999 - Encroachment into City Utility Easement - Gateway Building 10 LLC - 19990915000979Return Address:
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CITY OF TUKWILA
City Clerk's Department
6200 Southcenter Blvd.
Tukwila, WA 98188
(206) 433 -1800
City of Tukwila. Washington
Last Name
Company Name (if business)
13085 Gateway Drive
Address
Tukwila
City
I _d: I1 )III 09 /15/1999 91 :13
CITY OF TIJKUIL AG 10.00
DecnmentTitle(s): Agreement between Gateway Building 10, LLC and
the City of Tukwila relating to Property, Owner's Encroachment
into City Utility Easement area.
CITY OF TUKWILA
DOCUMENT RECORDING
COVER SHEET
Walker John
Gateway Building 10, LLC
Assessor's `5
PrG P ert Tax Parcel/Account NnmbeI(s):
Firs Name Initials
WA 98188
State Zip
000 +Vo- 0010
Public Works: 2125197
AGREEMENT BETWEEN GATEWAY BUILDING 10, LLC
AND THE CITY OF TUKWILA
RELATING TO
PROPERTY, OWNER'S ENCROACHMENT INTO CITY UTILITY EASEMENT AREA
WHEREAS Gateway Building 10, LLC has constructed a transformer
building on certain property located at teem Gateway Drive, Tukwila,
Washington. 13O1b
WHEREAS at this address and in the location where Gateway Building
10, LLC has constructed said structure, exists a legal easement belonging to the
City of Tukwila which permits City access to utilities located underground;
WHEREAS Gateway Building 10, LLC recognizes that the City of Tukwila
possesses police powers granted to it by the Washington State Constitution,
Art, XI 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 the legal
authority to abate any obstructions or encroachments of it rights of ways or
utility easements under RCW 7.48;
WHEREAS Gateway Building 10, LLC recognizes that should the City of
Tukwila at any time desire access to the utility easement at the location
described above, the City has the authority to remove any obstructions or
encroachments on the easement and can charge the cost of such removal to the
responsible property owner, and,
WHEREAS Gateway Building 10, LLC recognizes that the City of Tukwila
also has the authority to file a lawsuit requiring removal of anbstructions or
encroachments on this easement;
lu1111111111111
CITY OF TUKUIL 0.G
NOW THEREFORE, in exchange fo consideration of the City's
agreement to forbear any filing of a lawsuit re. DI g removal of the obstruction
or encroachment created by Gateway Building 10, LLC on the easement located
at the address, above, Gateway Building 10, LLC agrees to defend, indemnify,
and hold the City of Tukwila harmless as follows;
Gateway Building 10, LLC agrees to defend, indemnify and hold harmless
the City of Tukwila from any and all claims for damages brought by any party
regarding the Gateway Building 10, LLC structure, it operation, maintenance
and repair of the same, and shall defend, indemnify and hold harmless the City
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 within the City's easement area. This indemnification shall include
damages, costs, and attorney's fees.
10.00
1999091
ME 002 OF 003
KINGS COUNTY, UA
Dated this 29
CITY OF TUKWILA
COUNTY OF KING
h_ J„,
Gateway Building 10, LLC
STATE OF WASHINGTON
On this day ,.before me y appeared JgMFS Vci-t to me
known to be the jtt Jc r t'u erson c Wc,K$ for the City of Tukwila, and executed
s tru} e{i on behalf of the City of Tukwila in his capacity as
ftii��bb lit VI and acknowledged that he was authorized to do
so as his ee and voluntary act and deed, for the uses and purposes therein
mentioned.
k4Wctikc Macu is blzatur
On this day before me, personally appeared'tateway Building 10, LLC, to
me known to be the individual described in and who executed the foregoing
instrument, and acknowledged that he signed and sealed the same as his free
and voluntary act and deed, for the uses and purposes therein mentioned.
GIVEN under my
t t 0=
Approve T2
Robert .Noe
Attorney for City of Tukwila
day of,),.),j ,1999.
)ss
hand and official seal this 1 k day of
NOTARY PUBLIC in and foi`the State of
Washington residing at :Srfi 9, t i9
My commission expires: 6 6
1IIIIIHIIIIIIH
CITY OF TUKUIL AG 10.00
19990915000979
PAGE 003 OF 003
09/15/1999 11:13
KING COUNTY, UA