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HomeMy WebLinkAbout1992 - Easement - South Central School District / Tukwila Elementary - 9203260789s E A S E M E R T THIS AGREEMENT, made this�J.� ofO?,►/i19 _P, by and between the City of Tukwila, a municipal corporation of Ring County, Washington, hereinafter termed "Grantee" and the South Central School 4 District No. 406, hereinafter termed "Grantor W I T N E S S E T H Attachment A as referenced is hereby made a part of this Easement. All of the property described on Attachment A together shall herein be referred to as "The School Property 0 Attachment B as referenced is hereby made a part of this Easement. The storm drain facilities shown on Attachment B N consisting of the piping extending from catch basin A to catch basin c� ,\I F, the piping and /or ditch extending from terminus H to terminus G, m the ditch /swale extending from terminus I to catch basin B and the ditch on the south side of the school playground extending from Terminus I to Terminus H together in their existing locations or as relocated shall herein be referred to as "The System Grantor, for valuable consideration, does by these presents grant unto the Grantee a perpetual right -of -way easement over and across The School Property, which is situated in Ring County, Washington, for the purpose of obtaining access to The System. Furthermore, the Grantor, for valuable consideration, does by -these presents grant unto the Grantee a perpetual right -of -way easement for a public storm drainage system with the necessary -1- EXCISE T AX NOT REQUIRED Kind Ca. DiOM Deputy 0 M a M, Q C -1 x L(] CrA 4,41 c_; G� appurtenances through, over and across the property being ten (10) feet to the left and ten (10) feet to the right of the centerline of the piping, ditch, and swale which comprise The System and which property is situated in Ring County, Washington. Relocation of The System or any parts or portions thereof shall be subject to both the Grantor's approval and the Grantee's approval. If the Grantor requests relocation of any part or portion of The System then such relocation shall be entirely at the Grantor's expense and liability. If the Grantee requests relocation of any part of portion of The System then such relocation shall be entirely at the Grantee's expense and liability. Grantee shall have the right, without prior institution of any suit or proceeding at law, at times may be necessary, to enter upon CO said property, for the purpose of constructing, repairing, altering, r-- .0 monitoring, maintaining, replacing or reconstructing said public N Cn storm drainage system or making any connections therefor; provided N that such constructing, repairing, altering, monitoring, maintaining, Q` g, P g. g. g. g. replacing or reconstructing of said public storm drainage system shall be accomplished in such a manner that all improvements existing in this right -of -way shall not be disturbed or destroyed, or in the event they are disturbed or destroyed, they will be replaced in as good a condition as they were immediately before the property was entered upon by the Grantee. Within 60 calendar days prior written notification to the Grantor, the Grantee may eliminate their interest in maintenance and operation of that part of The System identified as a ditch on the south side of the school playground between Terminus I and Terminus H -2- s if the City's Parks and Recreation Department ceases use of the property. The Grantor reserves the right to eliminate the easement between Terminus I and Terminus H 60 calendar days after the receipt of the above notification from the Grantee. The Grantor shall retain the right to use the surface of said easement, so long as said use does not interfere with the constructing, repairing, altering, monitoring, replacing or reconstructing of the public storm drainage system and so long as no permanent buildings, structures or improvements are placed on said easement. This easement shall be a covenant running with the land and shall be binding on the successors, heirs and assigns of both parties hereto. CITY OF TUKWILA r). Mayor co O` ATTEST: CD N City Clerk c'0 CD GRANTEE N 0 GRANTORS STATE OF WASHINGTON ss. County of King On thisl day ofaAle-� 197a before me, the undersigned, a Notary Public in and for the State of Washington, duly -3- Comm' sioned An sworn, personally appeared and Z- to me known /�o me to be the Mayor and City lerk, respectively, of CITY OF TUKWItA, the municipal corporation that executed the foregoing Easement and acknowledged the said Easement to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said Easement. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBL in and for the State of Washington, residing at STATE OF County of On thiso 3 rd day of beCembe -K 19 before me, the (T' undersigned, a Notary Public in and for the State of Washington, duly co commissioned and sworn, personally appeared klr6llne. N O to me known to be the individual described in -0 and who executed the foregoing Easement, and acknowledged to me that M he signed and sealed the said Easement as a free and voluntary act C and deed for the uses and purposes therein mentioned. N WITNESS my hand and official seal hereto affixed the day and year above written. NOTARY PUBLIC in 6&d for the Stat of Washin ton, residing at �Q G�� \doug \newelem \elemease -4- i ATTACHMENT A LEGAL DESCRIPTION FOR: TUKWILA ELEMENTARY SCHOOL 5939 S 149TH ST TUKWILA, WA 98188 Lot 6 of the Interurban Addition to Seattle less the east 150 feet of said Lot 6 and Lot 7 of the Interurban Addition to Seattle less the portion of the east half of said Lot 7 defined as follows: Beginning at the northeast corner of said tract; thence west along the north line to the point 155.64 feet east of the northwest corner of the east half of said tract; thence south to the point on the south line of said tract 156.52 feet east of the southwest corner of the east half; thence east along the south line thereof to the southeast corner; thence north along the east line to the beginning. CD 10 C11 C'r') c7 C\1 Q" i"t k 4 kv .."r v x