HomeMy WebLinkAbout1991 - Easement - Mitchell / Pollack et al - 91081514074
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EASEMENT
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This indenture, made this q day of Qt_ m r t 19 9 1, between KING
COUNTY, WASHINGTON, THE CITY OF TUKWILA, WASHINGTON, and THE GREEN RIVER FLOOD
CONTROL ZONE DISTRICT as tenants in common, hereinafter referred to as "GRANTEE"
and HUGH B. MITCHELL, as his separate estate; BRUCE C. MITCHELL and ELIZABETH S.
MITCHELL, as co- trustees of The Kathryn S. Mitchell Testamentary Trust; LORRAINE
POLLACK, as her separate estate; and the Heirs and Devisees of PAUL E. POLLACK,
deceased, hereinafter referred to as GRANTOR
WITNESSETH that the GRANTOR, for good and valuable consideration, receipt of
which is acknowledged, and by the benefits which will accrue to the land of the
GRANTOR by the exercise of the rights herein granted, do hereby demise, release and
quitclaim unto GRANTEE, its successors, assignees, licensees and permitees a perpetual
and assignable right and easement for the purposes hereinafter stated, over and
through, under, along and across all or any part of that certain parcel of land situated in
King County, State of Washington, described in Exhibits A and B.
T Said right and easement are for the following purposes: The right to enter upon
the above described land to construct, maintain, repair, operate, patrol and replace a
flood protection levee, including all appurtenances thereto; reserving however, to the
U owners, their heirs and assigns, all such rights and privileges in the land as may be used
without interfering with or abridging the rights and easement hereby acquired; subject,
however, to existing easements for public roads and highways, public utilities, railroads
i and pipelines.
It is understood and agreed that GRANTEE and /or the United States, their
contractors or agents, shall have the right to appropriate from the land above described,
such timber, rock, earth or gravel as may be necessary for the construction or repair of
said bank protection and /or flood control works.
LLJ If, in the event of exercise of the rights of grantees of the Easement, the soils,
lawns, landscaping, paving, drainage, sprinkling, and /or other site improvements of the
easement area are displaced, damaged or disrupted, the City of Tukwila shall repair and
ti restore such easement property to the condition substantially equivalent in appearance
p and function to the condition of the easement property prior to the exercise of the rights
'qzr" of grantees.
L") The consideration above mentioned is accepted as full compensation for all
CO damages incidental to the exercise of the rights above granted.
0 To have and to hold, all and singular the said easement and right- of- wa3; -together
with appurtenances, unto GRANTEE, its successors, assigns, licensees and permrtees.ci
EXCISE TAX NOT REQUIRED
alMnCo. r)
ecords Division
Deputy y t C)
RECFEE 2.00
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4140 A
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XXII
IN WITNESS WHEREOF, GRANTOR HUGH B. MITCHELL hereunto set HIS hand,
the day and year above written.
GRANTOR
STATE OF WASHINGTON
ss
County of King
On this day personally appeared before me HUGH B. MITCHELL, to me known to
be the individual described in and who executed the forgoing instrument, and
acknowledged to me that HE signed the same as a free and voluntary act and deed, for
the uses and purposes therein mentioned.
GIVEN under my hand and official seal this 13 14, day of
19ell.
ti
N TARY P BLIC in and for the
C State of
Residing at
My commission expires /al9 -7;-7
XXII
IN WITNESS WHEREOF GRANTORS hereunto set their hand, the day and year
above written.
Co- Trustees of the Kathryn S. Mitchell
Testamentory Trust
�v�
Bruce C. Mitchell
G
Elizabeth S. Mitchell
STATE OF WASHINGTON
ss
County of King
On this day personally appeared before me BRUCE C. MITCHELL and ELIZABETH S.
MITCHELL to me known to be the individuals described in and who executed the
forgoing instrument, and acknowledged to me that THEY signed the same as a free and
voluntary act and deed, for the uses and purposes therein mentioned.
rte. 19 9
GIVEN under my hand and official seal this h3 �h day of
0
co NOTARY PUBLIC in and for the
O
cam; State of
Residing at
My commission expires '2 -1/019 --7-
XXII
IN WITNESS WHEREOF GRANTORS hereunto set their hand, the day and year
above written.
Succes r§ to Paul E. Polly deceased
G NT
i
GRANTOR
dY l`
STATE OF WASHINGTON
ss
County of King
On this day personally appeared before me
N, to me known to be then a s ribe in an io w
O executed the forgoing instrument, and acknowledged to me that�w signed
the same as a free and voluntary act and deed, for the uses and purposes therein
mentioned.
co
U GIVEN under my hand and official seal this 7 day of
G';
N TARY PUBLIC in and for the
State of Gt/
Residing at
My commission expires
XXII
IN WITNESS WHEREOF GRANTOR I4RRAINE POLLACK hereunto set HER hand,
the day and year above written.
GRANTOR
STATE OF WASHINGTON
ss
County of King Q4
On this day personally appeared before me to me known to
be the individual described in and who executed the forgoing instrument, and
acknowledged to me that SHE signed the same as a free and voluntary act and deed, for
the uses and purposes therein mentioned..
GIVEN under my hand and official seal this 7 day of
ti 1991.
O
U
OD N TARY PUBLIC in and for the
U State of
Cn
Residing at
My commission expires
EXHIBIT A.
Green River Levee
City of Tukwila Project No. 86 -DR21
Legal Description for Proposed Levee Easement
Hugh B. Mitchell et al Property
XXII
That portion of the following described Tract "X" lying within a strip of land 30.0 feet in
width having 15.0 feet of width on each side of the centerline of the top of the existing
levee:
Tract "X"
CZ O I That portion of Government Lot 7, Section 35, Township 23 North, Range 4 East, W.M.,
i in King County, Washington, described as follows:
Ln Beginning on the easterly margin of Southcenter Parkway (formerly known as 57th Avenue
CO South) at a point which is S89 °03'20 "E, 1,656.75 feet and NO °56'40 "E, 1,048.79 feet from
U the southwest corner of the southwest quarter of said section;
Thence S8 °13'05 "E, 36.70 feet;
Thence S19 °59'25 "W, 100.00 feet;
Thence S66 °02'38 "E, 211.14 feet;
Thence N16 °29 "55 "E, 100.00 feet;
Thence S64 °17'20 "E, 232.0 feet, more or less, to the bank of the Green River;
Thence northerly along said river bank to the north line of said Government Lot 7;
Thence N89 °01'50 "E along the north line of said Government Lot 7 to the easterly margin
of Southcenter Parkway (formerly known as 57th Avenue South);
Thence southwesterly along said easterly margin to the point of beginning;
(Exhibit A. cont.)
EXCEPT that portion thereof lying northerly of the southwesterly line of the following
described tract:
Beginning at a point from which the northwest corner of said Government Lot 7 bears
S0 °58' 10 "W, 313.17 feet and N89 °01'50 "W, 505.54 feet, said distances being measured
respectively at right angles to and along the north boundary line of said Government Lot,
said point of beginning is marked by a concrete monument which is indicated as Point "A"
on survey drawing by R.W. Jones and Associates, Engineers and Surveyors, dated October
6, 1966, and entitled Boundary and Topographic Survey of a portion of Government Lots 6
and 7, Section 35, Township 23 North, Range 4 East, W.M.;
Thence S67 0 36'00 "E, 248.63 feet to a concrete monument set by said engineers and
surveyors on October 4, 1966, and indicated as Point "B" on said survey drawing;
Thence S23 °57'22W, 208.79 feet to a concrete monument also set by said engineers and
surveyors, said monument marking the intersection with a line at right angles, said line to
be referred to hereinafter in this description as the southwesterly line of the Gaco- Western
Tract;
Thence continuing S23 0 57'22 "W, 138.76 feet;
Thence N66 °02'38 "W along a line parallel to said southwesterly line of the Gaco Western
Tract, 5.39 feet to a concrete monument which is the True Point of Beginning;
Q Thence continuing N66 0 02'38 "W, 244.61 feet, more or less, to an intersection with
J-, southeasterly line of 57th Avenue South;
Lr- Thence southwesterly along said road margin, 5.14 feet, more or less, to an intersection
co with the northwesterly extension of the northeasterly face of the Alaska Seavan Building,
CD as the same existed on August 3, 1973;
CTS Thence S66 0 02'38 "E along said extension and along said northeasterly face of said
building and along the southeasterly extension of said building line 280 feet, more or less,
to the bank of the Green River;
Thence northerly along said river bank to a point from which the True Point of Beginning
bears N66 0 02'38 "W;
Thence N66 0 02'38 "W, 35 feet, more or less, to said True Point of Beginning.
♦4
End of Tract "X"
EXHIBIT B XXII
WPM 1-7
IMPORTANT: This Is not a Plat of Survey. It Is furnished as a convenience to locate the land Indicated
hereon with reference to streets and other land. No liability is assumed by reason of reliance hereon.
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