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
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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
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,\I F, the piping and /or ditch extending from terminus H to terminus G,
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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
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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,
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.0 monitoring, maintaining, replacing or reconstructing said public
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Cn storm drainage system or making any connections therefor; provided
N that such constructing, repairing, altering, monitoring, maintaining,
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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
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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
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Mayor
co O` ATTEST:
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N City Clerk
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CD GRANTEE
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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
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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.
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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.
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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
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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.
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