HomeMy WebLinkAbout1970 - Utility Easements - North Frances / Lund Emma / Codiga Archie James / Voss Jack - 6671633V0L 4 0 7 PnE .5 G? 6671 -1633 E
UTILITY EASEMENTS
THIS AGREEMENT made and entered into by and etween the CITY
OF TUKWILA, a Municipal Corporation of King,,Rounty, St e of Washington,
hereinafter termed "Grantee and FRANCES NORTH, EMMA UND, and ARCHIE
JAMES CODIGA, each as their separate estate, and JACK E. VOSS, as Executor
of the Estate of JOAN OSS, Deceased, hereinafter termed "Grantor
W I T N E S S E T H:
The said Grantor for valuable consideration does by these
presents grant unto the Grantee a perpetual right of way for easements
for utilities with the necessary appurtenances through, over and across
the folbwing described property, situated in King County, Washington,
more particularly described as follows:
(A) This Utility easement is through Tax Lot 4 in Section
15, Twp. 23 North, Range 4 East, W.M., said Tax Lot
is described as follows:
Beginning North 81 °44'15" East 199.17 feet from a
hub at the end of a curve on the centerline in the
Duwamish Renton Junction Road, said hub being approxi-
mately 1200 feet North and 440 feet West of the quarter
corner between Sections 14 6 15;.thence South 40 1 36'
West 20' to the right -of -way of Seattle City Light;
thence North 49 0 24' West along said right -of -way 326.21
feet to the true point of beginning; thence North
40 1 36' East 702.10 thence North 38 1 30 1 50" West
1336.36 thence North 63 0 04 1 20" East 665 feet to the
left bank of the Duwamish River; thence Westerly along
said River to the East line of land bought by E. Banchero;
thence South 1 1 51 1 30" East 343' more or less; thence
South 59 0 22 1 30" West 643.35'; thence North 82 0 40 1 30"
West 707.69 or less to right -of -way of Seattle
City Light; thence southeasterly along said right -of -way
2333.97' to true poiat of beginning
LESS thatportion lying Southeasterly of a line
bearing North 40 0 36' East from a point North 49 0 24' West
654.08' from true pdht of beginning
LESS that portion described as follows:
Beginning at a point on the Northeasterly margin of
the Seattle City Light right -of -way, North 22 0 20 1 26" West
from the quarter corner between Sections 14 8 15, a
distance of 1722.57 thence North 48 1 14 1 44" West
along said Northeasterly margin 1570.27' to the true
point of beginning; thence continuing along said margin
200.00 thence North 28 0 05 1 42" East 159.11 thence
South 81 0 31 1 14" East 284.22'; thence South 41 0 46'16"
West 310.54' to the true point of begirning.
This easement consists of a 20 foot permanent strip des-
cribed as the Southwesterly 20 feet of said Tax Lot 4.
(B) This Utility Easement is through Tax Lot 4.,jn Section
10, Township 23 North, Range 4 East, W.M.
Said Tax Lot is described as:
VOL 407 QAcE 563
Beginning North 81 0 44 1 15" East 199.17 feet from a
hubat the end of a curve on the centerline in the
Duwamish Renton Junction Road, said hub being approxi-
mately 1200 feet North and 440 feet West of the quarter
corner between Sections 14 8 15; thence South 40 1 36'
West 20' to the Right -of -way of Seattle City Light;
thence North 49 0 24' West abng said right -of -way 326.21
feet to the true point of beginning; thence North
40 0 36' EaEt 702.10'; thence North 38 0 30 1 50" West 1336.36
thence North 63 0 04 1 20" East 665 feet to the left bank
of the Duwamish River; thence Westerly along said River
to the East line of land bought by E. Banchero; thence
South 1 0 51 1 30" East 343' more or less; thence South
59 °22'30" West 643.35'; thence North 82 0 40 1 30" West
707.69' more or less to itight -of -way of Seattle City
Light; thence Southeasterly along said right -of -way
2333.97 feet to true point of beginning.
LESS that portion lying Southeasterly of a line bearing
North 40 0 36' East from a point North 49 1 24' West
654.08 feet from true point of ;beginning.
LESS thatportion described as follows:
Beginning at a point on the Northeasterly margin of the
Seattle City Light right -of -way, North 22 1 20' 26" West
from the quarter corner between Sections 14 and 15,
a distance of 1722.57 feet; thence North 48 1 14'44"
West along said Northeasterly margin 1570.27 feet to
the true point of beginning; thence continuing along
said margin 200.00 feet; thence North 28 0 05 1 42" East
159.11 feet;' thence South 81 1 31!14" East 284.22 feet;
thence South 41946 West 310.54 feet to the True
point of beginning.
This easement consists of that portion of a 10 foot
permanent strip lying within the above described property,
the centerline of which is described as follows:
Beginning at a monument on the centerline of the
Seattle City Light right -of -way which bears North
77 0 54'57" East 420.35 feet from the quarter corner
common to Sections 10 and 15 -23 -4; thence South
48 1 14'44" East along said centerline 416.74'; thence
N 41 0 45 1 16" East 50.00 feet to the Northeasterly margin
of said right -of -way, and the true point of beginning;
thence South 41 West 60.00 feet; thence North
48 1 14'44" West 150.00 feet; thence North 41 0 45 1 16" East
60.00 feet to the Northeasterly margin of said right
of -way; thence North 48 0 14 1 44" Wes: 138.16 feet; thence
North ,54 0 25 1 24" West 441.24 feet to the terminus of
this easement centerline; thence South 12 0 16 1 51" West
2.92 fett; thence South 48 0 14 1 44" East 308.67 feet to the
point of beginning.
TOGETHER WITH that portion of a 30 foot temporary
construction easement lying within the above described
property, the centerline of which is the same as that
described above.
MAS
vnt 407 PAGE 504
The aforesaid grant and acceptance of same is subject to the
following terms and conditions:
(1) Grantee shall pay unto Grantor the sum of Sixteen Hundred
Dollars ($1600.00) which sum includes One Hundred Dollars $100.00)
statutory attorneys' fees.
(2) The Grantee shall have the right at such times as may be
necessary to enter upon said above described property for the purpose of
,,0 constructing, repairing, altering or reconstructing utilities or making
any connections therewith, without incurring any legal obligation or
liability therefor, provided that such constructing, repairing, altering
or reconstructing of such utilities shall be accomplished in such manner
that the fences, lawn- shrubbery, drives and walkways and land contours
existing in the right -of -way shall not be disturbed or destroyed, or in
event that they are destroyed or disturbed, they ,shall be replaced
in as good a condition as they were immediately before the property was
entered upon by the Grantee.
(3) The temporary construction easement granted hereby shall
remain in force during construction and until such time as the utilities
and appurtenances have been accepted for maintenance and operation by
the City of Tukwila, or until November 1, 1970, whichever shall first
occur.
(4) The Grantor hereby retains the right to use the surface
of said easements, so long as said use does not interfere with the
installation and maintenance of the utilities, and so long as no buildings
or structures of a permanent nature are erected on said easements. In
that respect, the Grantor hereby retains the right to use of the easement
areas for road purposes in connection with the industrial development of
their property contiguous thereto; and the installation of the proposed
utility lines by the City of Tukwila shall be effected as not to preclude
construction of /tRdustrial type service road on the easement area.
(5) Existing fencing on the property of Grantor within the
easement areas shall be properly maintained by the City during the period
of construction so as not to interfere with present grazing use of the
Grantor's land; and said fencing shall be restored by the Grantee at
the nonclusion of construction work.
(A Should it be necessary that lift stations be installed in
connection with operation of a sewer line in relation to the Grantor's
property, such shall be done at no cost (or additional assessments) to
the Grantors, their successors, heirs or assigns.
(7) The upgrading of the existing six inch water line that
connects with the Seattle Pipe Line shall be accomplished at no cost
(or additional assessments) to the Grantors, their successors, heirs or
assigns.
(8) The easements granted hereby shall be a covenant running
with the land and shall be binding on the successors, heirs and assigns
of both parties.hereto.
-3-
VOL 4 PAGE 565
(9) The Grantee shall and does hereby indemnify and save
harmless the Grantors, their successors, heirs and assigns from any
liability arising either from the construction contemplated herein or
future construction, this W da repair? y of alterations, reconstruction or maintenance.
Dated i 1970.
J��
Dr-ances Nort
E mma Lurid
chi e Jame Co iga
X(
J ck E. Voss, Executor of the
Et of Joan Voss, Deceased
STATE OF WASHINGTON
ss
COUNTY OF KING
I, the undersigned, a Notary Public in and for the Late \of
Washington, hereby certify that on the ay of April, 1970, personally
appeared before me FRANCES NORTH, EMMA,tUND an& ARCHIE JAME. CODIGA, to
me known to be three of the individu �s deser;�bed in and executed the
foregoing instrument, and acknowled ed that�,they sig�aed the s me as their
free and voluntary act and deed fo the an p�posgy he ei f m ntioned.
bta Pu lif e in and /for the State
of Was hir� n, residing at Renton
STATE OF WASHINGTON
ss
COUNTY OF SPOKANE
I, the undersigned, a Ndary Public in
Washington, hereby certify that on the day
appeared before me JACK E. VOSS, to me known to
Estate of JOAN VOSS, deceased, who executad the
acknowledged that he signed and sealed the same
act and deed, in his capacity as such Executor,
therein mentioned; and that he was ar ozized/
Estate.
and o� he.'. ��t� of �w
-of i 9 7 SOX
be the ExeL*t 0 ,�he
foregoing i.h�,tru %rat; a�
as his free volu
d D;
..for euses aria. purpgs�;
APPROVED AND ACCEPTED THIS t
day of huV 1970.
CITY 9F TUKWILA
By i�.
Mayor
Notary Public in and for
✓y ''g
f Washington, residing a�, -S'p�k-
Filed for Reco
-4- Request of
EDWKf LOGAN, Re,,, er
e
tri inr
ii .i6oqu LO
ro
-%I
4 ss3l PPV
p joi a31