HomeMy WebLinkAbout1975 - Easement Agreement - The City of Seattle - 7512220327EASEMENT AGREEMENT
THIS AGREEMENT made this day by and between THE CITY OF SEATTLE, a munici-
pal corporation of the State of Washington, hereinafter called the '"City" and
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the CITY OF TUK TIL a municipal corporation of the State of Washington, herein-
after called the "Grantee" WETNESSETH:
That for and in consideration of the mutual covenants and agreements herein-
after set forth and the payment of SIX THOUSAND SIX HUNDRED FORTY TWO AND 22/100
Dollars ($6,642.22) to the City to be credited to the Light Fund, receipt of
which is herewith acknowledged, it is hereby agreed by and between the p_ arties
hereto as follows:
Section 1. The City hereby grants to the Grantee an easement for the in-
stallation of a 12- inch sanitary sewer line under and across the following described
real property in King County, Washington, to -wit:
That portion of the City of Seattle's Transmission Line Right-of-Way,
formerly the right-of-way of the Puget Sound Electric Railway, in the
Southwest quarter of Section 14, Township 23 North, Range 4 East, W.M.
included within the limits of a strip of land 15 feet in width the South
westerly margin of which is described as follows:
Cot— encing at a concrete monument at the intersection of the South line
of the Stephen Foster Donation Land Claim No. 38, with the centerline of
the City of Seattle's Transmission Line Right -of -Way; thence Northwesterly
along said centerline 605 feet; thence Southwesterly, at right angles to
said centerline, 40 feet to the True Point of Beginning; thence Southeast-
erly, parallel with said centerline, to the South line of the Stephen Foster
Donation Land Claim No. 38 and the terminus of said margin description;
SUBJECT TO prior easements, restrictions, and reservations of record,
specifically including those rights conveyed to the State of Washington
as approved by Ordinance 103179 of the City of Seattle, and recorded
in the Office of Records and Elections, King County, Washington under
Receiving Numbers 7409170133; 7409170134, and 7409170135.
Section 2. The construction, reconstruction, operation and maintenance of
said sanitary sewer line shall be at the sole cost and expense of the Grantee,
and the use and occupancy of said property by the Grantee shall in no way inter
fere with the present or future use of the said property by the City for any
purpose. In the event said sewer line shall interfere with the City's use or
occupancy of said property, the Grantee agrees to relocate said sewer line at
the sole cost and expense of the Grantee. Should any of the City's facilities
be damaged or disturbed by reason of the present or future construction, recon-
struction, operation and maintenance of said sewer line, the City may repair
such facilities and the Grantee shall pay the cost of such repair.
Section 3. The rights and privileges herein granted are subject to what-
ever rights the holders of bonds issued pursuant to the City of Seattle Ordinance
79165 may have with respect to such property.
Section 4. The Grantee shall not interfere with the City's access to and
over said property at any time, and any surface areas disturbed by the Grantee
must be restored by the Grantee to its original condition, including subsequent
restoration of the existing railroad berm to its present grade or elevation.
Section 5. In the event such sanitary sewer line is abandoned or removed
by the Grantee or its assigns, this easement shell terminate and revert to the
City, its successors or assigns.
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The Grantee agrees that the shall liable for 6. The Gea:_vee a--- �es t__a� u_ e City �,il not be cable or dama.g_s
to said sanitary sewer line by reason of any construction, alteration, or mainte-
nance of irnrovements performed on said property by the City, its 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 or sanitary sewer
lines 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 will fully sati s fJ the final judgement rendered
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 default
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 particiil ar time shall not limit the City's future right to
do so.
IN WI`s" E S EPEOE, the City has caused this agreement to be executed by
its Mayor a_ C ll� a y Comptroller, pursuant to Ordinance No. 0 5 0G and
the Grantee has executed the same this day of 1975.
Acting Ci ty Comptroller and City Clerk
This easement accepted subject to the foregoing covenants under authorization
of Council motion of the City of Tukwila.
THE CITY OF SEATTLE
Mayor
Mayor
STATE OF 7 ASf t a TOE:
COUflTT_ OF
appeared
and
to me known to be the
and respectively, of municipal
corporation that executed the within and foregoing instrument, and acknowledged
that said instrument to be the free and voluntary unta "ry act and deed of said municipal
pal_
corporation for the uses and purposes therein mentioned, and on oath stated that
they were authorized to execute said instrument, and that the sent affixed is
the corporate seal of said municipal corporation.
+:'iTNESS my hand and official seal the day and year in this certificate
-0e -red 'above writ ten.
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tom'
'1s,1''
STATE OF "WASHINGTON
COUFTY OF
appeared Wes Uhlman
and John B. Kellum
to me known to be the Mayor
and Acting City Comptroller and City Clerk respectively, of municipal
corporation that executed the within and foregoing instrument, and acknowledged
that said instrument to be the free and voluntary act and deed of said municipal
corporation for the uses and purposes therein mentioned, and on oath stated that
they were authorized to execute said instrument, and that the seal affixed is
the corporate seal of said municipal corporation.
WITNESS my hand and official seal the day, and year in this certificate
first above written.
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On this s day of n 1 b efore me personally
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On this day of
CORPORATE A C TO' E r i
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Notary Public in and fo the State of
Washington, residing at
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1975, before me personally
Note, y Public 'in and for to of
Washington, residing at