HomeMy WebLinkAbout1994 - Storm Drain System Easement - McLeod Stuart - 9404131436y w
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STORM DRAIN SYSTEM EASEMENT
FOR GOOD AND VALUABLE CONSIDERATION, receipt whereof is hereby
acknowledged, Grantor, STUART MCLEOD, hereby conveys and warrants x
to Grantee, the CITY OF TUKWILA, Washington, its successors and
assigns, a perpetual, nonexclusive easement under, over, through
and across the property described below for a storm drainage
system consisting of a drain pipe, ditch and associated
improvements reasonably and necessarily related to construction
and maintenance of such channel and pipe.
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This easement may also be used for maintenance.
The easement property is described as follows and is illustrated
in the sketch as marked Exhibits A to this document:
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PARCEL A
Thence easterly and parallel to said north line of
the D.C. 285.54 feet, more or less, to the west line of
the Northern Pacific Railway right -of -way;
Thence northerly and northwesterly curving to the
left along said west line of the right -of -way 916 feet,
more or less, to the southerly line of the Renton
Junction County Road No. 1139 (South 153rd Street);
Thence south 80 0 49' west along said southerly line
of County Road 80.7 feet, more or less, to the easterly
line of said Chicago Milwaukee and St. Paul Railway
right -of -way;
Thence southerly along said line of right -of -way
881 feet, more or less, to the beginning;
Together with that portion of vacated South 153rd
Street adjoining, which upon vacation attached to said
property by operation of law;
continued,
A permanent easement for storm drainage conveyance and
maintenance in the SW 1/4, Section 23, T23N, R4E, WM,
in the City of Tukwila;
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Said easement described as the easterly 15 feet of the
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property described as:
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That portion of Government Lot 8 in Section 24,
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T23N, R4E, WM, and the Henry Meader D.C. No. 46 in said
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Section 24, described as follows:
Beginning on the east line of the Chicago
Milwaukee and St. Paul Railway right -of -way 137 feet
south of the north line of said Henry Meader D.C. No.
46;
Thence easterly and parallel to said north line of
the D.C. 285.54 feet, more or less, to the west line of
the Northern Pacific Railway right -of -way;
Thence northerly and northwesterly curving to the
left along said west line of the right -of -way 916 feet,
more or less, to the southerly line of the Renton
Junction County Road No. 1139 (South 153rd Street);
Thence south 80 0 49' west along said southerly line
of County Road 80.7 feet, more or less, to the easterly
line of said Chicago Milwaukee and St. Paul Railway
right -of -way;
Thence southerly along said line of right -of -way
881 feet, more or less, to the beginning;
Together with that portion of vacated South 153rd
Street adjoining, which upon vacation attached to said
property by operation of law;
continued,
Except portion thereof
Washington for Primary
M to Jct. PSH No. 2 in
Recording No. 55077460;
conveyed to the State of
State Highway No. 1, Jct. SSH 2-
Renton, by deed recorded under
Situated in the City of Tukwila, County of King, State
of Washington.
Grantee shall allow hookup to Grantor's existing drain lines,
from the property which is between the Burlington Northern and
Union Pacific rights -of -way, in this easement area. Grantee's
work in the ditch area shall not impede Grantor's current
drainage to ditch. Also, Grantee shall permit Grantor the right
to connect to the drainage ditch at various existing points, or
as required, to drain Grantor's property, all subject to
Grantee's permit requirements. After construction, Grantee shall
restore the ground surface as nearly as possible to the condition
in which it was at the commencement of the work.
Grantee shall have the right at all times to enter the premises
described above for the purpose of inspecting, maintaining,
improving, repairing, constructing, reconstructing, locating and
relocating the storm drain lines, drainage ditch and associated
improvements, and, temporarily during construction, to the
adjacent ten feet of Grantor's property for and maintenance
construction access. Construction shall occur so as to minimize
impact to traffic on Longacres Way. Nothing in this Agreement
shall prevent Grantor and the same or another Grantee from
Cn utilizing this same easement for construction and maintenance or
for other utilities, if determined practical, whenever required
t'Y') now or in the future.
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The cost, excluding surface water charges, of any inspection,
qqd maintenance, improvement, repair, construction, reconstruction,
M location and relocation of any public lines and improvements
shall be borne by Grantee. Grantor named may personally pave, or
permit to be paved, Grantor's adjoining property for parking lot
and /or building use and hook up to the system for runoff caused
by such paving, with additional hook up costs to be borne by
Grantor.
Grantor acknowledges that Grantee does not waive any rights with
respect to conditions that may be imposed for other and
subsequent development.
Because Grantor's property for many years has unavoidably and
reluctantly accepted drainage from neighboring properties without
provision of participation through L.I.D. or U.L.I.D., if and
when such an L.I.D. or U.L.I.D. for drainage is developed,
Grantee agrees to and guarantees that Grantor shall be entitled
to be credited with the fair market value of this easement at
that time as an offset against amounts otherwise assessable
against Grantor's property.
Accepted:
Grantee Grantor
City of T kwila Stuart Mc
B By --",A ay r Stuart
State of Washington
County of Ring
I certify that there appeared before me as a person
that I know or have satisfactory evidence was STUART MCLEOD an
Individual who signed this STORM DRAIN SYSTEM EASEMENT and
acknowledged it to be his free and voluntary act for the uses and
purposes mentioned in this instrument.
DATED 199*
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Approved as to Form
Office of the City Attorney
City Attorney
No/teof blic in and for the
St Washing ton, residing
at 1'=rX A['efKjD
My appointment expires- 2n
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