HomeMy WebLinkAbout1996 - Declaration of Easement - Highland Partnership - 9604180923AEU. 1`ALS
1. Sidewalk
2. Construction and Maintenance
DECLARATION OF EASEMENT
RECEIVED
SEP 5 1995
SiA 'CORPORATION
This DECLARATION OF EASEMENT ("Easement") is made by and between
Highland Partnership "Grantor and the CITY OF TUKWILA, a Washington
optional municipal code city "Grantee
WHEREAS, Grantor- owns certain real property located adjacent to 51st Avenue
South in the City of Tukwila, Washington (the "Property more particularly
described in Exhibit A attached hereto and incorporated herein by this
reference; and
WHEREAS, Grantee is in the process of repairing and re- constructing a bridge
on 51st Ave. So. "bridge over Southcenter Blvd; and
WHEREAS, Bridge will have a sidewalk which overhangs Grantor's property;
and
C l/ WHEREAS, Grantee requires a staging area for materials, equipment, and
temporary facilities in connection with construction of the bridge,
NOW, THEREFORE, in consideration of the benefits and conditions described
herein, Grantor hereby conveys and grants Grantee, its successors and
assigns, a perpetual, nonexclusive Easement across, and upon that portion of
the Property that is described in the attached Exhibit A (the Easement Area),
subject to the following terms and conditions, by which Grantee agrees to be
bound:
The easement shall be used for the purpose of providing use by the public of
public sidewalks over the Easement Area. The right of the public to use the
easement granted herein shall be subject to the reasonable right of the
Grantor to regulate or control any activities which may harm persons on the
adjoining property owned by the Grantor, or which may harm the adjoining
property itself.
The Easement shall also be used for the purpose of providing staging and
temporary storage of materials, equipment, and temporary facilities to
facilitate construction of the bridge. Grantee warrants and represents that it
will exercise best efforts to prevent deposits of hazardous materials and litter,
and shall be responsible for cleanup of such materials to the full extent of
applicable law.
Grantee shall restore the easement area and surrounding property affected by
Grantee's use to a clean and reasonable condition including planting of
vegetation. Grantee shall provide erosion control, fencing, and barricades as
required to protect the property.
3. Indemnity.
Grantee shall forever defend, indemnify, protect, and hold harmless the
Grantor from and against any and all costs, expenses, charges, fees, claims,
loss, or Liability, or any portion thereof, arising out of, in connection with, or
relating to the Easement or use of the Easement Area unless the claim, Loss, or
liability is proximately caused by the gross negligence or willful misconduct
of Grantor. Such indemnity shall include, without limitation, the following:
(a) Injury of death to persons;
(b) Damage to either the property, improvements or facilities;
(c) Claims of third parties including governmental agencies) for
damages penalties, response costs, injunctive, declaratory or
C7 other relief; and
to (d) Mechanic's liens;
In the event of any litigation or proceedings arising out of or in any
way connected with any of the above events or claims, against which Grantee
has agreed to indemnify Grantor, Grantee shall, upon notice from Grantor,
vigorously resist and defend such actions or proceeding through Grantee's
legal counsel at Grantee's expense, and pay any amount awarded against
Grantor which Grantee is otherwise required to pay pursuant to the conditions
set forth in this Declaration. The provisions of this section shall survive any
lapse or termination of this Easement as to claims arising out of or during
Grantee's control of the Easement Area under this Agreement.
4. Successor.
This Easement shall be recorded with the King County Auditor and shall
constitute an easement and servitude running with the land, inuring to the
benefit of the parities hereto, their heirs, executors, administrators, successors
and assigns; provided, however, this Easement shall lapse and terminate if the
Bridge is not constructed within two years.
5. Applicable Law.
This Declaration shall be governed by the construed in accordance with
the laws of the State of Washington.
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6. Notice.
Any notice under this Declaration shall be in writing and shall be
effective when actually delivered or, if mailed, when deposited postpaid. Mail
shall be directed to the address of the record owner of the subject property or
to such other address as a party may specify by notice to the other party.
DECLARED this gli day of 1 b 199$
GRANTOR:
Highland Partn-rshi
By:
Its:
G
City of— Tukwila
Attest /authenticated:
y e Cantu, %ity Clerk
2
S�PPI t, 1
.Office of the"City A
y
6
STATE OF Nevada
COUNTY OF Clark
I certify that I know or have satisfactory evidence that Hprman R Rini ng Sr
the person who appeared before me, and said person acknowledged that he /she
signed this instrument, on oath stated that he /she was authorized to execute the
instrument and acknowledged it as th &eneral Partnerof Highland Partnership to
be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated: 8/28/35
L? Notary public,
LI f NOTARY PU SL ie
Y STATE OF NEVADA
ity C
tAR ENE C. KC*1E4AR
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STATE OF
COUNTY OF
Dated:
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Page 3 of 3
the State of
residing at
My appointment
I certify that I know or have satisfactory evidence that is
the person who appeared before me, and said person acknowledged that he /she
signed this instrument, on oath stated that he /she was authorized to execute the
instrument and acknowledged it as the of Highland Partnership to
be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Notary public in and for the State of
residing at
My appointment
EXHIBIT "A"
(LEGAL DESCRIPTION FOR SIDEWALK EASEMENT)
The west 15 feet of the north 66 feet of Lot 3 of City of Tukwila Short Plat No. 78-
29-SS as filed under King County Recording No. 7910170915.
See Attached Exhibit "B"
South 154th Street / Renton Three Tree Point Road
15'
LOT 3
TU SP SS
A.F. 7904180861 78 -29
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EXHIBIT 'B'
Sidewalk Easement
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