The URL can be used to link to this page

Home My WebLink About1991 - Temporary Construction Easement, Storm Drain Easement and Agreement - State Farm Insurance / Horizon Hotels - 9111221904 �4VYY U TEMPORARY CONSTRUCTION EASEMENT,: N ��.N)9g( N'�' STORM DRAIN EASEMENT AND AOREEME Director of Records Elections THIS EASEMENT AND AGREEMENT is made this Q day of 1991 by and among the CITY OF TUKWILA, a municipal core anon (the "City','); STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois corporation "State Farm and HORIZON. HOTELS, a Louisiana general partnership "Horizon Hotels (State Farm and Horizon Hotels are hereinafter sometimes collectively referred to as "Grantors with reference to the following o facts: 0 M RECITALS: d m A. State Farm is the owner of certain real property in the City of Tukwila, King County, Washington legally described in attached Exhibit A "State Farm Property ti A B. Horizon Hotels is the owner of certain real property in the City of Tukwila, King County, Washington legally described in attached Exhibit B "Horizon Hotels Property C. The City of Tukwila is the owner of a 20 -foot wide pedestrian river trail, a portion of which is situated adjacent to, and contiguous with, the southerly boundary of the State Farm Property and the Horizon Hotels Property, which pedestrian trail is legally described in attached Exhibit C (the "Trail D. In connection with the development of the State Farm Property and the Horizon Hotels Property, State Farm and Horizon Hotels purchased and acquired, by deed recorded as King County Recorder's No. 9107120419, certain real property situated adjacent to, and contiguous with, the southerly margin of the Trail on the northerly bank of the Green River (between the Trail and the thread of the Green River) formerly owned by Dunne and Goldfarb and legally described in attached Exhibit D (the "Riverbank Property for the purpose of performing certain excavation, bench cut and storm water drainage work on said property. E. The State Farm Property, the Horizon Hotels Property, the Trail and the Riverbank Property are shown on the map attached as Exhibit E. F. State Farm and Horizon Hotels have conditionally offered to deed and dedicate the Riverbank Property to the City for use of the Riverbank Property for public recreational purposes in connection with the Trail. G. One of the conditions to Grantors' deed and dedication of the Riverbank Property to the City is the reservation by State Farm and Horizon Hotels and, to the extent necessary, the grant by the City of (1) a temporary construction easement for excavation work to be performed on the Riverbank Property; and (2) a permanent easement in favor of State Farm over, under and across the Trail and the Riverbank Property for the installation, maintenance and repair of a storm drain system serving the State Farm Property. H. Conditional upon acceptance of the donation by the City Council of the City, the City has agreed to accept the donation z 18000732/071591 /1232 of the Riverbank Property subject to the easements described herein upon the terms and conditions hereinafter set forth. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Creation of Easements. State Farm and Horizon Hotels "Grantors and each of them hereby reserve for themselves, and their respective grantees, successors and assigns, for the benefit of Grantors' respective properties (the State Farm Property described in attached Exhibit A and the Horizon Hotels Property described in attached Exhibit B), the following easements: A. Temnorary Construction Easement. Grantors, and each of them, hereby reserve for themselves, and their respective grantees, successors and assigns, temporary construction easements in that portion of the Riverbank Property adjacent to the property of each Grantor for the purpose of excavating, removing material, cutting a bench, and performing construction work related to storm water detention and disposal. The City hereby grants and authorizes State Farm and Horizon Hotels to perform any and all excavation and construction work, in accordance with permits issued by the City, on that portion of the Riverbank Property generally adjoining their respective properties. Grantors agree that all such work shall be related to the development of Grantors' respective properties and that all such work shall be performed pursuant to permits issued by the City and in accordance with all applicable codes and regulations. Grantors shall have a reasonable period of time to perform the work pursuant to the temporary construction easements, provided that the temporary construction easements shall automatically expire not later than three (3) years from the date of this easement agreement. B. Permanent Storm Drain Easement. State Farm hereby reserves for itself and its grantees, successor and assigns, and the City hereby grants and conveys to State Farm a permanent non exclusive easement for the installation, construction, operation, maintenance and repair of an underground pipeline for storm water drainage in, under and across the Trail and the Riverbank Property, as may be necessary for storm water drainage of State Farm's Property, as more particularly described below. The storm drain easement appurtenant to and for the benefit of the State Farm Property shall be in, under and across the following described area (servient estate): A strip of land 10.00 feet in width lying 5.00 feet on each side of the following described centerline: Commencing at the most southerly corner of Lot 1 of Short Plat No. 88 -1 -SS according to short plat recorded under King County Recording Fee No. 8807210416 records of King County; thence North 47 0 20 1 51" East along the South line of said Lot 1, 227.50 feet to the beginning of said centerline; thence South 42 0 02 1 31" East along said centerline 46.00 feet to the terminus of said centerline. 2 18000732/071591 /1232 If State Farm has previously installed such storm drain facilities pursuant to permit issued by the City, it shall provide the City with information as to the specific location of its storm drain facilities. If State Farm has not previously completed installation of its storm drain facilities, State Farm agrees that prior to entry upon the Trail or the Riverbank Property for the purpose of construction and installation of State Farm's storm drain facilities, it shall provide the City with plans and specifications for, and the proposed specific location of its storm drain facilities, and such plans and specifications and location shall be subject to the City's prior written approval, which shall not be unreasonably withheld or delayed. 2. Construction. Each Grantor hereby covenants that, following commencement of its construction work, Grantor shall diligently pursue the completion of its construction in a good and workmanlike manner and in accordance with approved plans and specifications and in the specified easement location. Following completion of its construction, each Grantor shall repair any damage to the Trail caused by its construction and shall restore the City's Trail to its pre- existing condition. State Farm shall maintain its storm drain facilities located in the permanent storm drain easement described above in good condition and shall restore any damage to the City's property caused in connection with such maintenance. 3. Riverbank Propert Following completion of the excavation and bench cut work on the Riverbank Property by the Grantors in conformity with plans approved by the City, the City agrees to assume responsibility for future maintenance of the bench cut and dike area of the Riverbank Property. For a period of ten (10) years from the date of recording of this easement agreement, the City covenants and agrees that no easement, right of access, license or other property rights in the Riverbank Property shall be granted by the City for the benefit of any private property owner for use in conjunction with that private property owner's development of adjacent or nearby property without the prior written consent of State Farm, which consent may be conditioned upon payment to State Farm of a reasonable portion of its costs related to the purchase and donation of the Riverbank Property to the City, provided that this condition is not intended to limit the City's right to grant easements, licenses or other property rights in the Riverbank Property to other governmental agencies, for example, King County, Army Corps of Engineers and /or Department of Fisheries, or to members of the general public to permit access to the adjacent Trail for public use. 4. Internretation /Enforcement. The easements and covenants contained herein shall run with the land and shall be binding upon and inure to the benefit of the parties hereto and their respective grantees, successors and assigns. In the event of a breach of any of the covenants or agreements contained herein, the parties shall be entitled to all remedies available at law or in equity. In the event it becomes necessary for any party to defend or initiate legal proceedings as the result of the failure of any other party to comply with the terms of this instrument, the prevailing party in such litigation shall be entitled to reimbursement from the defaulting party for all costs incurred or expended in connection therewith, including reasonable attorneys' fees. 3 18000732/071591 /1232 IN WITNESS WHEREOF, the City and Grantors have caused this instrument to be executed the day and year first above written. CITY: CITY OF TUKWILA, a municipal corporation B B y Its STATE FARM: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois corporation By Itd3RUCE CALLS, dice Preside HORIZON HOTELS: HORIZON HOTELS, a Louisiana general �artnership By Its 4 18000732/071591 /1232 STATE OF WASHINGTON ss. COUNTY OF KING On this 0� 6 da o 1991, before me P Y appeared ersonall a eared �s,o„� to me known to be the aw f l� of the CITY OF TUKWILA, the municipality that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipality, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of said municipality. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. F STATE OF ILLINOIS COUNTY OF McLEAN Title: Nottty( yy,,�t! l Residing at My appointment expires: ss. On this 29th day of October 1991, before me personally appeared Bruce La i i s to me known to be the Vice President of STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Title: Notary Public G' Residing at Bloomington, IL My appointment expires: 8 30 -95 "OFFiC)AL SEAL" Ina M. Vandegraft Notary Public, State of Illinois My Commission Expires 8/30/95 5 18000732/071591 /1232 STATE OF LOUISIANA "-moo �v=- OF ss. On this 1L. day of 1991, before me personally appeared �„t to me known to be the HORIZON HOTELS, a Louisiana general partnership, and personally known to me to be the individual named in and who executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of HORIZON HOTELS, for the uses and purposes therein mentioned, and on oath stated that he(she) was authorized to execute said instrument on behalf of said partnership. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Title: No Public f Residing atR My appointment expires: 6 18000732/071591 /1232 STATE FARM PROPERTY LOT 1, KING COUNTY SHORT PLAT NO. 88 -1 -SS, ACCORDING TO SHORT PLAT RECORDED UNDER KING COUNTY RECORDING NO. 8807210416 EXHIBIT A 18001146/071591 /1129 HORIZON HOTELS PROPERTY LOTS 2 AND 3, KING COUNTY SHORT PLAT NO. 88 -1 -SS, ACCORDING TO SHORT PLAT RECORDED UNDER KING COUNTY RECORDING NO. 8807210416 EXHIBIT B 18001146/071591 /1129 TRAIL TRACT A 20' RIVER TRAIL OF SHORT PLAT NO. 79 -7 -SS, ACCORDING TO THE SHORT PLAT RECORDED UNDER KING COUNTY RECORDING NO. 7908210370 EXHIBIT C 18001146/071591 /1129 RIVERBANK PROPERTY ALL THAT PORTION OF BLOCKS 9, 12, 13, 14, 15 AND 16 OF GUNDAKER'S ADDITION TO SEATTLE, AS PER PLAT RECORDED IN VOLUME 14 OF PLATS, AT PAGE 46, RECORDS OF KING COUNTY, AND THE VACATED STREETS ADJOINING, LYING BETWEEN THE THREAD OF THE GREEN RIVER AND THE SOUTHERLY AND EASTERLY LINES OF SHORT PLAT NO. 79 -SS, ACCORDING TO SHORT PLAT RECORDED UNDER KING COUNTY RECORDING NO. 7908210370 EXHIBIT D 18001146/071591 /1129 MAP 084PW o of the R� r 1HR EpGE of f+~ 20wl r N J+LvyS" 1I M7 .��lJ'E y w L IA7V N .NL171' r N .JO E i•; P 4 (air 0� 11A1 Mr�1 As' F S267471� j1 5 LOT$ N.Ktn"r fA.fflE1NT .R71IA9' cor2 .us�ts' r 1 p'w gPfxS- Ei�PESt p 1 iw AN Aw 1 LOT 1 N av',e►ne E 10'SlCifaV �rrraa�cxr AS W110 AE CMDr or AC WN OWAG or ME SM" EXHIBIT E