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HomeMy WebLinkAbout2005 - Agreement and Easement for Water Line - Hinkson Leslie / Hinkson Janet - 20050210001477City of Tukwila City Clerk' Office 6200 Southcenter Blvd. Tukwila, WA 98188 206 433 -1800 20050210001477 WILA CITY 0 EAS 25.00 PAGE001 OF 007 02/10/2005 12:16 KING COUNTY, WA Document Titles: /1 3"'►L' itJ7 �ti t= �'7"" L i �.//L tnJ A�I��G Li t� Reference Number(s) of related documents Additional Reference #'s on page Grantor(s) (Last, First, Middle Initial) Lr-- Lr C �-i I.tiri� r✓ Avv f f i rV 14LS /tf Additional Reference #'s on page Grantee(s) (Last, First, Middle Initial) Additional Reference #'s on page Legal Description (abbreviated form: ie., lot, block, plat or section, township, range. quarter /quarter L AS 5 /ZC— i `TY, A- "j Additional Reference #'s on page Assessor's Property Tax Parcel /Account Number P /forms/ recording sheet Additional Reference #'s on page ENT'0 MAR 2 8 x,005 AGREEMENT AND EASEMENT FOR WATER LINE This agreement made this t day of '5bvr\-t 2004, between Leslie Hinkson, and Janet Hinkson, husband and wife "Hinkson" herein) and the City of Tukwila, a Washington Municipality "Grantee" herein); WHEREAS, Hinkson is the owner of: 1. Lots 11 and 12, and the west half of Lot 13, Block 17, Hillman's Seattle Garden Tracts, according to the plat thereof recorded in Volume 11 of Plats, page 24, in King County, Washington; and 2. The east half of Lot 15, Block 17, Hillman's Seattle Garden Tracts, according to the plat thereof recorded in Volume 11 of Plats, page 24, in King County, Washington; EXCEPT a portion thereof reserved by King County for street by deed recorded under Recording Number 4099270; and WHEREAS, Grantee desires a water line and temporary construction easement on Hinkson's property at a location more specifically described as herein below; Now, therefore, in consideration of Two thousand dollars and no cents ($2,000.00) and other good and valuable consideration in hand paid receipt of which is hereby acknowledged, and in consideration of the performance by Grantee of the covenants, terms, and conditions hereinafter set forth, Hinkson hereby conveys and Quit Claims to the Grantee the following easement: An exclusive perpetual easement over, across, along, in, upon, and under that portion of Hinkson's property described in Exhibit "A" attached hereto and by this reference made a part hereof for the purpose of installing, constructing, operating, maintaining, removing, repairing, replacing, and using the water line and appurtenances thereto (herein the "Improvements The terms "easement" and "easement area" in this instrument refer to the easement herein granted on Hinkson's property and as described on the attached Exhibit "A". 1. Cost of Construction and Maintenance. Grantee shall bear and promptly pay all costs and expenses of construction and maintenance of the Improvements. 2. Compliance with Laws and Rules. The Grantee shall construct, maintain and use the Improvements in accordance with the requirements any statute, order, rule or regulation of any public authority having jurisdiction. 3. Reauired Prior Notice and Approval of Plans and Specifications. Prior to any installation, alteration, replacement or removal of the Improvements or any other major activity by Grantee on Hinkson's Property, Grantee shall give Hinkson written notice thereof together with preliminary plans and specifications for the same at least one (1) month prior to the scheduled commencement of such activity. Nothing herein shall be deemed to impose any duty or obligation on Hinkson to determine the adequacy or sufficiency of the Grantee's plans and specifications, or to ascertain whether Grantee's construction is in conformance with the plans and specifications approved by Hinkson. 4. As -Built Survev. Upon Hinkson's request, Grantee shall promptly provide Hinkson with as -built drawings and survey showing the location and elevations of the Improvements on Hinkson's property. 5. Access. The Grantee shall design, construct, maintain and use its Improvements in such fashion as to permit reasonable access to Hinkson's Property. Grantee shall at all times keep Hinkson's Property free and clear of all obstructions and equipment. 6. Termination for Cessation of Use In the event Grantee ceases to use the Improvements for the period of five (5) successive years, this Agreement and all Grantee's rights hereunder shall terminate and revert to Hinkson. 7. Release and Indemnitv. Grantee does hereby release, indemnify and promise to defend and save harmless Hinkson from and against any and all liability, loss, cost, damage, expense, actions and claims, including costs and reasonable attorney's fees incurred by Hinkson in defense thereof, asserted or arising directly or indirectly on account of or out of (1) acts or omissions of Grantee and Grantee's servants, agents, employees, and contractors in the exercise of the rights granted herein, or (2) acts and omissions of Hinkson in its use of Hinkson's Property which affect Grantee's employees, agents, contractors, and other parties benefiting from said Improvements; provided, however, this paragraph does not purport to indemnify Hinkson against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of Hinkson or Hinkson's agents or employees. 8. Successors. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. 9. Liabilitv. In the event of any assignment of the rights hereunder, the liability of Grantee and its assignees shall be joint and several. EXHIBIT "A" Legal Description of Easement for the Water Line The south 20.00 feet of Lots 11, 12, and the west half of Lot 13, the east half of Lot 15, Block 17 Hillman's Seattle Garden Tracts, recorded Volume 11 of Plats, Page 24 in King County, Washington. Legal Description of Temporary Construction Easement The south 25.00 feet of Lots 11, 12, and the west half of Lot 13, east half of Lot 15, Block 17 Hillman's Seattle Garden Tracts for period of 60 days once project construction begins for the proposed water line. EXECUTED as of the date hereinabove set forth. ACCEPTED: GRANTEE CITY OF TUKWILA Its: PROPERTY OWNERS Leslie Hinkson A net Hinkson Its: AGREEMENT AND EASEMENT STATE OF WASHINGTON ss. County of On this day of 2004, before me personally appeare and O ,l'A to me known to be the individuals descrik in and who executed the foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal the day and year last above written. o� VA 0 T R), Notary (print name) rn Notary Public in and for tbe State of Washi gton PUBLIC residing at�� eee� 3. e .e'� My Appointment expires 9/3 U (P:Laurie Admin/Mike /Agreement Easement for Water Line) AGREEMENT AND EASEMENT STATE OF WASHINGTON ss. County of On thi day of 2004, before me personally appeared V and to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal the day and year last above written. H. ��S10N �c�; F� ,i r ©TARP 9 N P UB%-\G 0 2 Ra� U a4vL Notary (print name) e✓f4 M kc r Notary Public in and for the State of Washington, residing at My Appointment expires %5 •9 C77 (P:Laurie Admin/Mike /Agreement Easement for Water Line Engstrom)