HomeMy WebLinkAbout1996 - Easement Agreement - City of Seattle - 9605060306EXC SE T FC7 RREC_
EASEMENT AGREEMENT t>"- r_.
(Ingress, Egress and Utilities)
P.M.1230410 -2 -304
THIS AGREEMENT, between the CITY OF SEATTLE, a municipal
corporation, hereinafter referred to as the "City and the CITY
OF TUKWILA, a municipal corporation, hereinafter referred to as
the "Grantee WITIIESSEPH:
That for and in consideration of Nine Hundred Forty -Five and
No /100 Dollars ($945.00) and other valuable consideration,
receipt of which is hereby acknowledged, hereby conveys and
grants to the Grantee, its successors and assigns, an ingress,
egress and utilities easement for waternain purposes upon, under
and across the following described property:
A strip of land 10.00 feet in width over, under and
across a portion of the City of Seattle Transmission
Line right -of -way as provided for by City of Seattle
Ordinance No. 82986, situated in the northwest quarter
of Section 10, Township 23 North, Range 4 East, W.M.,
in King County, Washington, lying 5.00 feet on each
side of the following described centerline:
Commencing at the northwest corner of said Section 10;
thence South 87 °41'10" East, along the north line of
the northwest quarter of said Section 10, a
(O distance of 627.55 feet to the easterly margin of
East Marginal Way South as established by
instrument recorded under Ring County Auditor's
CS
CO File No. 1004995;
thence South 15 °38'32” East, along said easterly
margin, 45.10 feet to the TRUE POINT OF BEGINNING
CS of said centerline description (said point of
%JD beginning being at Station 9 +08.47, Right 45.00
0, feet per City of Tukwila East Marginal Way South
water line replacement drawing by Penhallegon
Associates Sheet ilo. 7 and 31.);
thence North 31 °30'20" East, 41.72 feet to the
southerly margin -of the City of Seattle Water
Departnent Cedar River pipeline right -of -way as
established by action of the Ring County Superior
Court under Cause No. 121648, Verdict No. 128 on
September 9, 1927 and the TERMINUS said centerline
description.
(All as shown on Penhallegon Associates Consulting
Engineers, Inc. drawing for Job IIo. 94413.50 dated
12/18/95, attached as Exhibit "A" and by this reference
made a part hereof.)
Subject to the following terns and conditions:
1. The grantee shall construct and naintain the facilities
within said easement at its sole cost and expense.
2. The Grantee shall not at any tine interfere with the City's
access to and over said easement area.
3. No buildings or structures shall be placed on the easenent
property.
4. The Grantee agrees to assure all liability for any damage
caused to the City's transmission line facilities arising out of
or resulting from Grantees' use of the herein described property.
Page 1 of 3
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5. Should any of the City's facilities be damaged or disturbed
by reason of the construction, maintenance, operation or use of
said easement, the City nay repair such facilities and the
Grantee shall pay the cost of such repair.
6. The Grantee agrees that the City shall not be liable for any
loss or damage done to said easement by reason of any
construction, naintenance, alteration or improvements performed
on said property by the City, its agents or representatives.
7. Grantee covenants and agrees that neither it, nor its
contractors or agents, will store, dunp, bury or transfer any
hazardous substances, flammable materials, inoperable vehicles,
chemicals, oils, fuels, or containers for said substances,
chenicals, oils, fuels, etc., on the prenises; and further agrees
to observe all environmental laws of the State of Washington,
City of Seattle, or any other governmental subdivision having
regulatory authority over such activities on the premises.
8. The Grantee agrees to protect and save harmless the City of
Seattle from all claims, actions or damages of every kind and
description which nay accrue from or be suffered by reason of
pernittee's use of the right -of -way, or the performance of any
work in connection with its use; and in case of any such suit or
action being brought against said City, or damages arising out of
or by reason of any of the above causes, the pernittee shall,
upon notice to pernittee of commencement of such action, defend
the same at pernittee's sole cost and expense and will fully
satisfy any judgment after the said suit shall have been finally
determined, if adversely to the City, excepting any and all
claims, actions or damages of any kind which nay accrue out of
the negligence of the City of Seattle, City Light Department.
9. In the event the easement herein granted be abandoned by the
Grantee, its successor and assign, this easement shall terminate
and revert to the City, its successor or assign.
IN WITNESS WHEREOF, the CITY OF SEATTLE has caused these presents
to be executed by the Superintendent of City Light, thereunto
M duly authorized, pursuant to Ordinance nano'. on
this ist day of 19 96
CO
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L9
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W CITY OF SEATTLE,
a nunicipal corporation
By:
Gari7 Zar
City Li.
c'J, P
By: er, Superintendent John W. Rants, Mayor
t Departnen
Page 2 of 3
CITY OF TUKWILA,
a nunicipal corporation
U
EXHIBIT "A"
WATERLINE EASEMENT MAP
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CITYOFSEATTLE
TRANSMISSION UNE RAY
D'AGVU 441.3-EY.B.D21G
DATE:12-18-95
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