HomeMy WebLinkAbout1970 - Easement Agreement - City of SeattleEASEMENT ACIPEE "'T
T--L' T AG: =ENT made this day Uy. id octween THE CI_Y OF SEATT:.,E, a municipal
corporation of Gne State of Washington, hereinafter called the "City" and the CITY OF
mal TILA, a m,�nicipa.l corporation of the Sta,6c of Washington, hereinafter called the
"Grantee WITiHySSETH:
That for end in consideration of the mutual covenants and agreements herein-
after set forth and the payrient of ONE THOUSAND AND N0 1100 Dollaxs ($1,000.00) to the
City to be credited to the ._,fight Fund, recci)t of which is herewith acknowledged, it
is hereby agreed by and between the parties hereto as follows:
Sect 1. The City hereby Lrants to the Grantee an easement for the in-
stallation of a 12 -inch water line under a_. across the following described real
property in 'r_in,- County, Washington, to--•r_t:
That oort ion of a strip of land 10 ieeG in width lying within the City of
Seattle's transmission line right of .-ay (formerly Puget Sound Electric
transmission line right of way) in the C. C. Lewis Donation Claim No. 37
in Sections 10 and 15, Township 23 North, Range 4 East, W.M., in Kind
County, Washington, said 10 foot stria^, of land being the 5 feet of sand
on each s of ar.d adjoining a cent— ec-li_ie described as follows:
Beginning -t a monument on the centerline of said City of Seattle t...Ins
mission line rig: of way which bears North 77 East 420.35 fe,_�
from the ouarter corner common to said Section 10 and 15; thence h
48 East along said centerline 4!6.74 feet; thence North 41 '-6"
East 50.00 feet to the northeasterly margin of said right of way an_ Ghe
true point of beginning of the centerline of said 10 foot strip of lazd
thence South 41 0 45'16" West 60.00 feet; thence North 48 0 14'44" West
150.0: °e et; thence North 41 0 45'16" East 60 feet to the northeasterly
margin of said right of way; thence North 48 0 14'44" West 138.16 feet:
thence Jorth 54 0 25 1 24" West 441.24 feet to the terminus of said
cenze_ r.e;
ALSO, :,he westerly 5.00 feet of said City of Seattle transmission la-._a
right of way lying easterly of and adjoining the easterly margin of
42nd Avenue South, EXCEPT that portion_ hereof lying southerly of th
said 10 foot strip of land;
together with that portion of a 30 -foot temporary construction easement l�r ig t: -in
said City of Seattle transmission line right of way, the centerline of which i_. ,.he
same as the ;:er_Ierline hereinbefore described. Also, a 10 -foot temporary cone .....ction
easement ad the northeasterly margin of said transmission line rig::. c J
between survey s�ations 152 +27.83 and 163 +73.10, said temporary construet -ca ease-
ments to remain i_n effect during constructic -n and ur,Gil such ti as the *.•rater amine
has been accepted for maintenance and operation by the Grantee, or until
1971, whichever date shad occur first.
Section 2. The construction, re-- onstruction, operation, and ma- Int:a._ -'ace
of said water line shall be at the sole cost and expense of the Grantee, z the
use and occupancy of said property by the U_- ar_ shall in no way inter w`
the present or fature use of the said property by the City for any purpc:,
the event said water line shall interfere with the City's use or occupancy of .id
property the Grantee agrees to relocate said crater line at the sc_n and e Anse
of the Grantee. Should any of the City's facilities be damaged or a..__,.arbed
reason of the oresent or future construction., reconstruction, operation, and main-
tenance of said water line, the City may repair such facilities and the Grantee
shall pay the cost of such repair.
S_ cti -Dn 3. The Grantee agrees not to assess the City (Lightin De- z urgent)
property in �on,..�ction wizi: the installation c. said water line.
S won 4. The Grantee shall nc. at any time interfere wit__ C1.
access to ar.__ over said prr!,erty, and any surface area disturbed by the �CT.r;.nt ast
to restored 'I the Grantee to its original condition.
5. In the event such water line is abandoned or remover: b .'ie
Grantee or s ^assigns, this easement shall terr.iinate and revert to the City, 1
successors c7f assigns.
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AF Section 6. ThOrantee agrees that the City sh not be liable for damages
to said water line by reason of any construction, alteration or maintenance of improve-
ments performed on said property by the City, 4 c agents or representatives.
Section 7. The Grantee agrees to indemnify and save harmless the City from
any and all claims, actions or damages of any kind or description which may accrue to
or be suffered by any person or persons or property by reason of the construction,
operation or maintenance of said water line or the use and occupancy of said property
by the Grantee, its agents, successors or assigns. In case of any suit or action
brought against the City by reason thereof, the Grantee, its successors or assigns
will, upon notice to it or them of the commencement thereof, defend such suit or action
at its or their sole cost and expense and iri.11 fully satisfy the final judgment rend-
ered in any such action.
Section 8. The agreements and covenants of the Grantee herein are part of
the consideration for the granting of this easement, and in the event of defwo -It or
failure by the Grantee in the performance of any of the terms and conditions hereof,
the City may at its option terminate this easement by ordinance and in such event all
rights of the Grantee hereunder shall cease. Failure to exercise this option at any
particular time shall not limit the City's future right to do so.
IN WITNESS WHEREOF, the City has cause: this agreement to be executed by
its Mayor and City Comptroller, pursuant to Ordinance No. 99124 and the
Grantee has executed the same this day of 1970.
z�
THE C�T� OF SET
By
ATTEST:
City Comptroller and City Clerk
This easement accepted subject to the foregoing covenants under authoriza-
tion of eP @Ye of the City of Tukwila.
Resolution
CITY OF TUKWILA
By
Mayor
By
Deputy Clerk
STATE OF WASHINGTON)
ss.
COUNTY OF KING
On this 6th of 1970, before me persona =ly appeared
Vey Uhlxann and Ca G. Erlandson to me
known to be the Mavor and r r on1)trn1IP r respectively,
of the municipal corporation that executed the within and foregoing instrument, and acknowl-
edged said instr u-ment to be the free and voluntary act and deed of said municipal corporation
for the uses <:_nd purposes therein mentioned, and on oath stated that they were authorized to
execute said nstrument, and that the seal affixed is the corporate seal o' said municipal
corporation.
WITNESS my hand and official seal the day and year in this certit'ic.�:;e first
above written.
Notary Public in and fcr the ::s
of Washington, residing at Sear.
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