Loading...
HomeMy WebLinkAbout1988 - Permanent Storm Drain Overflow Easement - Bergstrom Carl / Bergstrom Mary Kathleen - 88083115811581 D S PERMANENT STORM DRAIN /OVERFLOW EASEMENT 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 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 permanent nonexclusive easement for the location, construction, operation, access, maintenance, and repair of a storm drain /overflow line across, along, in, under and upon that certain property which is described as follows: The West 20 feet of the South 177 feet ofYre T' Grantor's Property described in Paragraph 2 =.b'lo Subject to easements, rights:F�5f- =way,, reservations, and restrictions of record. (See Attachment A) 2. Grantor's Property Defined: Lot 19, Brookvale Garden Tracts, except the south 8 feet thereof and except the north 158 feet of PERMANENT STORM DRAIN/ OVERFLOW EASEMENT Page 1 3190C3 /389A /LEH /JFC NOT REQUIRED i,in. f;0 ecords Division 8 Deputy WHEREAS, as part of such consideration, a storm drain /overflow is needed for the reservoir, and 74 WHEREAS, the Grantee desires to obtain the right to locate, construct, and permanently operate, access, maintain, and repair the storm drain /overflow across certain private property, and WHEREAS, the Grantor has indicated a willingness to convey a permanent easement for these purposes, over, along and across certain property owned by the Grantor, as further described herein, all upon certain terms and conditions contained herein, now, 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 permanent nonexclusive easement for the location, construction, operation, access, maintenance, and repair of a storm drain /overflow line across, along, in, under and upon that certain property which is described as follows: The West 20 feet of the South 177 feet ofYre T' Grantor's Property described in Paragraph 2 =.b'lo Subject to easements, rights:F�5f- =way,, reservations, and restrictions of record. (See Attachment A) 2. Grantor's Property Defined: Lot 19, Brookvale Garden Tracts, except the south 8 feet thereof and except the north 158 feet of PERMANENT STORM DRAIN/ OVERFLOW EASEMENT Page 1 3190C3 /389A /LEH /JFC NOT REQUIRED i,in. f;0 ecords Division 8 Deputy 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 grants to the Grantee the right to locate, construct, reconstruct, install, permanently operate, maintain and repair a storm drain /overflow line within the property described in Paragraph 1 above, under the terms and conditions set forth in this Agreement, together with the right of ingress and egress thereto for the purposes stated. No other use or purpose is intended, implied, or granted. 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. CO 4. Maintenance: The Grantee shall be fully responsible U9 for the proper maintenance of the improvements within the r easement area. M 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 employees. In furtherance hereof Grantee will require that all contractors doing work on the reservoir project including the storm drain /overflow installation, 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 PERMANENT STORM DRAIN/ OVERFLOW EASEMENT Page 2 3190C3 /389A /LEH /JFC 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) 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 and operation practices during the life of this Agreement. All work to be performed by Grantee in the easement area shall be completed in a careful and workmanlike manner, free from claims or liens. 8. Restoration: The Grantee shall restore the area included in thise easement upon completion of the storm drain /overflow line installation, and upon any subsequent maintenance and repair or reconstruction of said storm drain /overflow line installation, and upon any subsequent maintenance and repair or reconstruction of said storm drain /overflow. Restoration shall include: (1) The complete removal of all equipment and debris; (2) Grading at a slope no steeper than 1.5h:ly; and (3) Hydroseeding of all disturbed areas. Grantee shall restore the surface of the property as nearly as possible to the condition in which it was at the commencement of work, approximating to the extent practicable the natural drainage characteristics which existed prior to said work, and shall replace any property corner monuments, survey references or hubs which were disturbed or destroyed during construction or repair. 9. Hours of Use: Construction within this easement, use of the easement for normal maintenance and repair purposes, 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. In the event of emergency, these time restrictions shall not apply. 10. Barriers: Except for periods of time when the Grantee is actively constructing, maintaining, inspecting or repairing the storm drain /overflow, the Grantee shall post and maintain a PERMANENT STORM DRAIN/ OVERFLOW EASEMENT Page 3 3190C3 /389A /LEH /JFC 6 6 barrier across each terminus of the easement to preclude vehicular access by the general public. The barriers may be removed, relocated, or modified at a future time by the Grantor if the Grantor deems such to be necessary for any purpose, including aesthetic purposes. 11. Construction Timing: Construction of the storm drain /overflow line shall be completed within twenty -four (24) months from the date this Agreement is signed. All Restoration work necessitated by the storm drain /overflow line installation, as described in Paragraph 8 above, shall be completed within that period, or within thirty (30) days of the completion of construction of the storm drain /overflow line, whichever date is earlier. 12. Equipment Storage: Except for periods of time when the Grantee is actively constructing, maintaining, inspecting or repairing the storm drain /overflow, no City vehicles, materials, or equipment shall be stored, parked, or otherwise left on the premises. For the purposes of this paragraph, "actively constructing" means any period during which Grantee tq is engaged in construction and the prohibition against storage X) or parking set forth in this paragraph shall not be construed L11 to prevent storage of equioment on site overnight or over a K-4 weekend during any period of construction. Storage of T-4 equipment during such periods of "active construction" shall be M kept to the minimum reasonable level. 13. Access: Access over and across this easement by the Grantor or his invitees shall not be prohibited or unreasonably restricted, except to the extent necessary, during construction, for safety purposes or to avoid damage to the work. 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. 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 storm drain /overflow line, as well as any facilities of the Grantor which are located outside of the easement area during the life of this Agreement, and whose repair, replacement or removal is made necessary by the exercise by Grantee of the purposes /rights granted by this Agreement. 16. Private Use: This easement shall not preclude use of the land within the easement by the Grantor, provided such use PERMANENT STORM DRAIN/ OVERFLOW EASEMENT Page 4 3190C3 /389A /LEH /JFC is of a nature which does not interfere with the rights granted to the Grantee by this Agreement. Allowed usage includes, but is not limited to, private access, pathway for bicycling, jogging, or walking, or yard area. Grantor shall erect no permanent building or structure on the surface of the easement. 17. Construction: The easement and improvements shall be constructed in a manner which allows, as of the date of completion of construction, the potential construction of a roadway over it, built to City standards, with no necessity of relocation, reburial, or stabilization of utilities, or no cost of same to Grantor. 18. Limitations: The rights granted to the Grantee by this Agreement shall be limited to the land described in Paragraph 1 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. This Limitation shall not interfere with rights granted by the Grantor to the Grantee as part of any other easement agreement. 19. Grantee's Use and Activities: 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 activities normally incidental to residential use. Grantee shall at all times conduct its activities on Grantor's property so as not to unreasonably interfere with, obstruct or endanger Grantor's operations or facilities. 20. As -Built Survey: Upon Grantor's request, Grantee shall promptly provide Grantor with as -build drawings and a survey showing the location and depth of the storm drain /overflow line on Grantor's property. 21. Termination: Unless the Grantor grants a written extension of time of this Agreement, the rights granted to the Grantee by this Agreement to complete initial construction of the storm drain /overflow line and to complete the restoration work described in Paragraph 8 above, shall expire as provided in paragraph 11 above. 22. Extensions: restoration work may months, under such Grantor and Grantee Nothing in this AgrE extension of time to Extensions of time for construction and be granted in increments not to exceed six terms and conditions negotiated by the at the time such extension is requested. !ement shall require the Grantor to grant an this Agreement. PERMANENT STORM DRAIN/ OVERFLOW EASEMENT Page 5 3190C3 /389A /LEH /JFC 23. 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 ninety (90) days of Grantee's giving Grantee written notice thereof, or, if not reasonably capable of being cured within such ninety (90) days, within such other 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. 24. Termination of Cessation of Use: In the event Grantee ceases to use the storm drain /overflow for a period of five (5) successive years, this Agreement and all of Grantee's rights hereunder shall terminate and revert to Grantor. 25. Release of Obliqations on Termination: No termination of this Agreement shall release either party from any liability or obligation with respect to any matter occurring prior to such termination, nor shall such termination release Grantee from its obligation and liability to remove the storm drain /overflow line from Grantor's property and restore the premises. 26. Removal of Storm Drain /Overflow on Termination: Upon any termination of this Agreement, with the exception of the termination of the right to construct and restore contained in Paragraph 21 above, Grantee shall promptly remove from the easement area the storm drain /overflow line and restore the ground to the condition now existing, or, in the alternative, take such other mutually agreeable measures to minimize the impact of the storm drain /overflow line on the property. Such work, removal and restoration shall be done at the sole cost and expense of Grantee and in a manner satisfactory to Grantor. In case of failure of Grantee so to remove the storm drain /overflow line, restore the property, or take such other mutually agreed upon measures, Grantor may, after reasonable notice to Grantee, remove the storm drain /overflow line, restore the ground or take such measures at the expense of Grantee, and Grantor shall not be liable therefor. 27. Consideration: Both parties understand that Grantee will be constructing a storm drainage /emergency overflow system for the reservoir project. As consideration for the storm drainage easement contained herein, Grantee agrees to design and construct the storm drainage /overflow system for the reservoir to be of a size sufficient to accommodate storm PERMANENT STORM DRAIN/ OVERFLOW EASEMENT Page 6 3190C3 /389A /LEH /JFC drainage from Grantor's property. Grantee also agrees that Grantor will be allowed to connect any on -site storm drainage intercept system constructed by the Grantor as part of any future development of Grantor's property, into the storm drainage system constructed by the City without the payment of a connection charge by Grantor, provided that the storm drainage system constructed by Grantor meets all City standards and specifications. As part of the construction of the storm drain /overflow system, the Grantee shall install connections for convenient acceptance of discharge from the Grantor's future storm drainage intercept system. The City shall not require the Grantor to provide an on -site storm water retention or detention system in connection with future development of Grantor's property, provided that such development is limited to single family residences or other development determined to result in similar storm drainage /run off characteristics. Nothing in this paragraph shall preclude the City from imposing a charge or fee upon Grantor for the actual disposal of storm drainage as part of a City surface water management program. MARY �THLEEN BERGSTROM PERMANENT STORM DRAIN/ OVERFLOW EASEMENT Page 7 3190C3 /389A /LEH /JFC As further consideration, Grantee will reimburse Grantor up to $500 for actual attorney fees incurred in connection with the negotiation and execution of this Easement. 28. Assignment: Grantee shall not assign its rights or T-4 obligations hereunder without the prior written consent of X Grantor, which consent shall not be unreasonably withheld. Use Ln of the easement by Grantee's employees, agents, servants, T-4 contractors and subcontractors shall not be considered an assignment. 29. 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. day 1988. DATED this (O of &OR G CARL H. BERGSTAOM MARY �THLEEN BERGSTROM PERMANENT STORM DRAIN/ OVERFLOW EASEMENT Page 7 3190C3 /389A /LEH /JFC STATE OF WASHINGTON ss. COUNTY OF K I N G I certify that there appeared before me or have satisfactory evidence were CARL H. KATHLEEN BERGSTROM, who signed this PERK OVERFLOW EASEMENT and acknowledged it to voluntary act for the uses and purposes instrument. DATED: 1988. Notary Public of Washington, My appointment CITY OF TU I I B Ma ,o G'ari L. Vanlfusen ATTEST /AUTHENTICATED: By: City Clerk,aaxinK Anderson APPROVED AS TO FORM: OFFICE T E CIT ATT EY By: persons that I know BERGSTROM and MARY [ANENT STORM DRAIN/ be their free and mentioned in this in and for the State residing at TuKw,/A� expires -9D PERMANENT STORM DRAIN/ OVERFLOW EASEMENT Page 8 3190C3 /389A /LEH /JFC 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 GARY L. VanDUSEN and CELIA';V SQUARE, who signed this PERMANENT STORM DRAIN /OVERFLOW EASEMENT, on oath stated that they are authorized to execute said instrument and acknowledged it as the Mayorand 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: 1988. Nota y Public in and for the State of Washington; residing at 7"� Kcv� My appointment expires y- 'a£1 3191om V4 PERMANENT STORM DRAIN/ OVERFLOW EASEMENT Page 9 3190C3 /389A /LEH /JFC x