HomeMy WebLinkAbout1988 - Temporary Haul Road Easement - Bergstrom Carl / Bergstrom Mary Kathleen - 880831158288/08/31 #1582 D
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TEMPORARY HAUL ROAD EASEMENT 11
THIS AGREEMENT is entered into between Carl H. Bergstrom
and Mary Kathleen Bergstrom, hereinafter referred to as
"Grantor and the City of Tukwila, hereinafter referred to as
"Grantee
WHEREAS, the Grantee is in the process of constructing the
North Hill Reservoir on land commonly known as Lot A, Tukwila
Short Plat 84- 20 -SS, and
N WHEREAS, the Grantee desires to obtain temporary access
Ln from South 150th Street to this site during construction, and
WHEREAS, the Grantor has indicated a willingness to convey =a
a temporary access easement over, along and across certain'
property owned by the Grantor, as further described herein, all
upon certain terms and conditions contained herein, now,
Gri therefore,
THE GRANTOR AND GRANTEE HEREBY MUTUALLY AGREE AS FOLLOWS:
1. Easement Conveyance: The Grantor hereby conveys and
grants to the Grantee, its successors and assigns, a temporary
exclusive easement for ingress and egress across, along, in and
upon that certain property which is described as follows:
Beginning at the southwest corner of the
Grantor's property described in Paragraph 2
below, thence north along the west property line
a distance of 177 feet, thence east 40 feet,
thence south a distance of approximately 178 feet
to a point along the south property line a
distance of 30 feet east of the point of
beginning, thence west 30 feet to the point of
beginning.
Subject to easements, rights of way,
reservations, and restrictions of record.
(See Attachment A)
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2. Grantor's Property Defined:
Lot 19, Brookvale Garden Tracts, except the south
8 feet thereof and except the north 158 feet of
the south 166 feet of the east 172 feet thereof
as recorded in volume 10 of plats, page 47
records of King County, Washington; and land as
described in Record of Survey in book 28 at page
67 records of King County, Washington, Auditor's
File Number 8106239007, situated in Section 23,
Township 23 North, Range 4 E.W.M., King County,
Washington.
3. Purpose /Rights: This easement is for the facilitation
of construction of the North Hill Reservoir, and grants to the
Grantee the temporary right to construct and use a haul road
for the removal of spoils from, and importation of fill
material to, and for the transport of construction materials,
and equipment to and from, the reservoir construction site,
under the terms and conditions set forth in this Agreement,
provided, however, this road shall not be the ingress and
egress route for personnel. No other use or purpose is
intended, implied, or granted. The major anticipated uses are
as set forth on Attachment B. Grantee shall exercise its
rights under this Agreement so as to minimize, and avoid if
reasonably possible, interference with Grantor's use of the
property for purposes normally incidental to residential
usage. Grantee shall at all times conduct its activities on
Grantor's property so as not to interfere with, obstruct or
endanger Grantor's operations or facilities.
4. Maintenance: The Grantee shall be fully responsible
for the proper maintenance of the improvements within the
easement area.
5. Costs: Grantee shall bear and promptly pay all costs
and expenses of construction and maintenance of the haul road.
6. Release and Indemnity: Grantee does hereby release,
indemnify and promise to defend and save harmless Grantor from
and against any and all liability, loss, damage, expense,
actions and claims, including costs and reasonable attorney's
fees incurred by Grantor in defense thereof, asserted or
arising directly or indirectly on account of or out of acts or
omissions of Grantee and Grantee's servants, agents, employees
and contractors in the exercise of the rights granted herein;
PROVIDED, HOWEVER, this paragraph does not purport to indemnify
Grantor against liability for damages arising out of bodily
injury to persons or damage to property caused by or resulting
from the sole negligence of Grantor or Grantor's agents or
TEMPORARY HAUL ROAD EASEMENT Page 2
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employees.
In furtherance hereof Grantee will require that all
contractors doing work on the reservoir project including the
haul road, shall carry liability and property damage insurance,
written on an occurrence basis, covering all work done,
including that done by subcontractors. This insurance shall
name the Grantee as co- insured and shall be primary coverage.
This insurance shall be carried as follows: Bodily Injury,
each person $500,000, each accident $1,000,000; Property
Damage, each accident $500,000, with a $2,000,000 limit for an
aggregate combined bodily injury and property damage. All
insurance policies shall be maintained in full force throughout
the Contract and until final acceptance of the project by the
Grantee. All insurance policies shall contain a provision
prohibiting cancellation of said policy except upon thirty (30)
�j days' prior written notice to Grantee.
7. Compliance /Work Standards: The Grantee shall be
responsible for compliance with all applicable environmental
laws, permit and approval requirements, and acceptable
construction practices during the life of this Agreement. All
work to be performed by Grantee on Grantor's property shall be
completed in a workmanlike manner, free of claims or liens.
8. Restoration: Upon completion of use of the haul road,
the Grantee shall restore the property contained in this
easement as nearly as possible to the condition in which it was
at the commencement of work. Restoration shall include:
(1) The complete removal from the Grantor's property
of the gravel and other materials used to construct the
haul road, and /or covering over said gravel and other
materials, at the Grantor's option, with top soil;
(2) Grading to a slope no steeper than 1.5h:1v, with
said slope approximating to the extent practicable the
natural slope and drainage characteristics of the property
which existed prior to grading for the haul road;
(3) Hydroseeding of all disturbed or filled areas;
(4) Removal of all construction equipment and
miscellaneous and sundry items and debris deposited on the
subject property as a consequence of the use of this
easement; and
(5) Replacement of any property corner monuments,
survey references or hubs which were disturbed or destroyed
during construction.
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9. Slopes: Slopes along the haul road edges are to be
graded no steeper than 1.5h:ly, and hydroseeded at the time of
roadway construction. No rockeries or other retaining
structures shall be used. Slopes may be located outside of the
easement area, only to the extent necessary to achieve the
1.5h:ly slope as shown on Attachment C, and provided the proper
License to Construct is executed. Grantor's approval of said
License shall be by separate document of even date herewith.
10. Hours of Use: Construction within this easement, use
of the haul road, and restoration work described in Paragraph 8
above, shall be limited to the hours between 7:00 a.m. and 6:00
p.m., Monday through Saturday. No construction or use shall
occur on Sundays.
11. Changes and Repairs to Grantor's facilities: Grantee
shall promptly repair, relocate or replace any facilities of
Grantor which are located in or outside of the easement area as
of the date of initial construction of the haul road, as well
as any facilities of the Grantor which are located outside of
the easement area during the life of this Agreement, whose
repair, replacement or relocation is made necessary by such
construction.
12. Barriers: At the end of each working day, the Grantee
shall place a gate, chain, or other barrier across each
terminus of the easement to preclude vehicular access by the
general public.
13. Limitations: The rights granted to the Grantee by
this Agreement shall be limited to the land described in
Paragraph 1 above, with the exception of work described in
Paragraphs 8 and 9 above. All other portions of the Grantor's
Property shall be kept free and clear of construction activity,
vehicles, equipment, litter, earth materials, and miscellaneous
and sundry items, deposited as a consequence of the granting of
this easement.
14. Dedication: This easement shall not presume or serve
as a basis for the Grantee to require future dedication of
publicly -owned right -of -way adjacent to or over the easement.
15. Dust Control: During dry weather conditions, the
Grantee shall regularly water down the haul road or use other
means to control dust emissions.
16. Termination: Unless the Grantor grants a written
extension of time of this Agreement, the rights granted to the
Grantee by this Agreement shall automatically expire
twenty -four (24) months from the date this Agreement is
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concurrently signed by Grantor and Grantee, with all
restoration work described in Paragraphs 8 and 9 above
completed within that period. Upon expiration, the Grantee
shall execute and record a document terminating the easement.
17. Extensions: Extensions of time may be granted, under
such terms and conditions negotiated by the Grantor and Grantee
at the time such extension is requested. Nothing in this
Agreement shall require that the Grantor grant such an
extension.
18. Termination for Breach: In the event Grantee breaches
or fails to perform or observe any of the terms and conditions
herein, and fails to cure such breach or default within 90 days
of Grantee's notice thereof, or within a reasonable period of
time as may be reasonable in the circumstances, Grantor may
terminate Grantee's rights under this Agreement in addition to
and not in limitation of any other remedy of Grantor at law or
in equity, and the failure of Grantor to exercise such right at
any time shall not waive Grantor's right to terminate for any
future breach or default.
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19. Release of Obliqations on Termination: No termination
of this Agreement shall release either party from any liability
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or obligation with respect to any matter occurring prior to
such termination, nor shall such termination release Grantee
from its obligation and liability to restore the premises.
20. Consideration: Both parties understand that S. 150
Street is not fully improved to City standards as it abuts
Grantor's property,. that such improvement is currently on the
City's Capital Improvement program, and that it is anticipated
that the improvement will be on the Grantee's Six Year
Transportation Improvement Program as of 1989. As partial
consideration for the haul road easement contained herein,
Grantee agrees that Grantor will not be responsible for or have
to contribute to the cost of improving S. 150 to City standards
provided that such improvements are undertaken by Grantee prior
to development of Grantor's property and not as a result
thereof. The intent of this paragraph is not to relieve
Grantor of complying with SEPA or any other City standards
which may require completion of S. 150th improvements as part
of the development of Grantor's property, but to assure Grantor
that improvement of S. 150th other than as a condition of or
result of Grantor's development shall not be undertaken at
Grantor's cost.
As further consideration, Grantee will pay Grantor
$5,000.00 and Grantee will reimburse Grantors up to $500 for
actual attorney fees incurred in connection with the
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negotiation and execution of
payments will be made within
execution of this Agreement.
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this Easement, both of which
fifteen days of the date of
21. Assignment: Grantee shall not assign its rights, or
obligations, hereunder without the prior written consent of
Grantor, which consent shall not be unreasonably withheld. Use
of the easement by Grantee's employees, agents, servants,
contractors and subcontractors shall not be considered an
assignment.
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22. Bindinq Effect: This easement shall be recorded with
the King County Recorder, shall run with the land described
herein and shall be binding upon the parties, their heirs,
successors in interest and assigns.
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DATED this !O day of 1988.
GRANTOR
CARL 4 H. BERGSTR(�I
MAR)t _THtEEN BERGSTROM
STATE OF WASHINGTON
ss.
COUNTY OF K I N G
I certify that there appeared before me persons that I know
or have satisfactory evidence were CARL H. BERGSTROM and MARY
KATHLEEN BERGSTROM, who signed this TEMPORARY HAUL ROAD
EASEMENT and acknowledged it to be their free and voluntary act
for the uses and purposes mentioned in this instrument.
DATED: 7, 6 1988,
J
C�
Notai Public in and for the State
of Washington, residing at
My appointment expires 41-28 9'D
TEMPORARY HAUL ROAD EASEMENT Page 6
3187C4 /389A /LEH /JFC
CITY OF TUKWILA
By i
Ma +off, G ry L. Van Dusen
ATTEST /AUTHENTICATED:
By: 2XI-Ir" 1 9�~ 4 Apol� LC0z
City Cleek, M711ne Anderson
APPROVED AS TO FORM:
In
OFFICE E CI A RNEY
In By U
Q0
STATE OF WASHINGTON
s s
COUNTY OF K I N G
I certify that there appeared before me persons that I know
or have satisfactory evidence were GARY L. Van DUSEN and CELIA 5�
SQUARE who signed this TEMPORARY HAUL ROAD EASEMENT, on oath
stated that they are authorized to execute said instrument and
acknowledged it as the Mayor and Deputy Clerk, respectively, of
the CITY OF TUKWILA, to be the free and voluntary act of such
party for the uses and purposes mentioned in this instrument.
DATED: J (0
Notary Public in and for the
of Washington, residing ate
t My appointment expires -9;)
J187C3
TEMPORARY HAUL ROAD EASEMENT Page 7
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ATTACHMENT B
Anticipated Major Uses of Haul Road
contractors.
3 1 8 7 0
1. Excavation materials -1700 truck round trips.
2. Fill materials -600 truck round trips.
3. Concrete and other construction materials, and
excavation and construction equipment -600 truck round
trips.
4. Utility and inspection vehicles.
It is anticipated that the equipment listed in (3)
above,
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might consist of:
(a) 1 1 -1/2 cu. yard backhoe
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(b) 3 D -8 dozers
(c) 1 14C grader
(d) 3 frontend loaders
(d) 3 vibratary rollers
(f) Trucks and trailers as necessary to
transport
equipment and materials but in a number not in
excess of
those shown above.
The above are best estimates and an attempt has
been made
to reflect maximum use. It has not been possible at
the time
of execution of this Agreement to compute the actual
amount of
concrete that will be needed and the actual items of
equipment
used will depend upon that which is available
to the
contractors.
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