HomeMy WebLinkAbout1975 - Easement Agreement - The City of Seattle - 7508180404EASEMENT AGREEMENT
THIS AGREEMENT made this day by and between THE CITY OF SEATTLE,
a municipal corporation of the State of Washington, hereinafter call-
ed the "City" and the CITY OF TUKWILA, a municipal corporation of the
State of Washington, hereinafter called the "Grantee" WITNESSETH:
That for and in consideration of the mutual covenants and agree-
ments hereinafter set forth and the payment of ONE THOUSAND TWO HUNDRED
AND N0 /100 Dollars ($1,200) to the City to be credited to the Light
Fund, receipt of which is herewith acknowledged, it is hereby agreed
by and between the parties hereto as follows:
Section 1. The City hereby grants to the Grantee an easement for
the installation of a 12 -inch water line and a 6 -inch sanitary sewer
line under and across the following described real property in King
County, Washington, to -wit:
A strip of land 20 feet in width situate in the City
of Tukwila, County of King, State of Washington, being
a portion of the City of Seattle Lighting Department's
Transmission Line Right of Way, and being a portion of
the C. C. Lewis Donation Claim No. 37, in Section 15,
Township 23 North, Range 4 East, W.M., said strip of
land lying 10.00 feet on each side of the following
described centerline:
Beginning at an existing concrete monument on the center-
line of said transmission line right -of -way, said mon-
ument being at transmission line station 150 +57.08,
from which another existing concrete monument on the
centerline of said transmission line (station 143 +80.40)
bears South 48 14'41" East; thence from said Point of
Beginning along the centerline of said transmission
line right -of -way North 48 14'41" West 331.82 feet;
thence at right angles 'North 41 °45' 19" East 50.00 feet
to the northeasterly margin of said Transmission Line
Right -of -Way and the TRUE POINT OF BEGINNING of the
centerline being described herein; thence from said
TRUE POINT OF BEGINNING South 41 West 100.00
feet to the southwesterly margin of said transmission
Line Right -of -Way and the terminus of the centerline
being described herein.
ALSO, a 20 foot temporary construction easement lying
10 feet on each side of and abutting the above de-
scribed permanent easement, said temporary easement
to remain in effect during construction and until
said water and sanitary sewer lines have been accepted
for maintenance and operation by the Grantee, or until
January 2, 1976.
Section 2. The construction, reconstruction, operation and main-
tenance of said water and sanitary sewer lines 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 interfere with the present
or future use of the said property by the City for any purpose. In
the event said water line or sewer line shall interfere with the
City's use or occupancy of said property, the Grantee agrees to re-
locate said water line or sewer line at the sole cost and expense of
the Grantee. Should any of the City's facilities be damaged or dis-
turbed by reason of the present or future construction, reconstruction,
operation and maintenance of said water or sewer line, the City may
repair such facilities and the Grantee shall pay the cost of such
repair.
Section 3. The Grantee agrees not to assess the City (Light-
ing Department) property in connection with the installation of
said water and sanitary sewer lines.
CD Section 4. The Grantee shall not at any time interfere with
the City's access to and over said property, and any surface area
OD disturbed by the Grantee must be restored by the Grantee to its
original condition, including subsequent restoration of the exist-
ap ing railroad berm to its present grade or elevation.
CD
h- Section 5. In the event such water or sanitary sewer line is
abandoned or removed by the Grantee or its assigns, this easement
shall terminate and revert to the City, its successors or assigns.
Section 6. The Grantee agrees that the City shall not be liable
for damages to said water or sanitary sewer lines by reason of any
construction, alteration or maintenance of improvements 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, up-
on notice to it orthem of the commencement thereof, defend such suit
or action at its or their sole cost and expense and will fully
satisfy the final judgment rendered in any such action.
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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 per-
formance 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 caused this agreement to be
executed by its Mayor and City Comptroller, pursuant to Ordinance
No. 10/4626 and the Grantee has executed the same this
25th day of July 1975.
Attrk
patroller and City Clerk
THE CI :Y OF SEATTLE
BY:
This easement accepted subject to the foregoing covenants under
authorization of Council Motion of the City of Tukwila.
Mayor
STATE OF WASHINGTON
COUNTY KING ss.
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Q
On this 2 5th day of
g sonally appeared
and r, C I_ sap to me known to be
the i�.a and Cornpt.rol 1 a
CD
r
respectively, of the municipal corporation that executed the within and
N 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.
ficate- f4 r above written.
..w'
STATE OF WASHINGTON.
COUNTY OF
On this
sonally appeared
and r
July
1975, before me per-
'WITNESS my hand and official seal the day and year in this certi-
ss.
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Pti
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lfC /fist 6 '�i -4/7 /L'._y
Not=4ry Public iii and for the State of
Washington, residing at Seattle
day of
the 7azi7,L." and u'_I/L 6;4/
respectively,''of the 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 certi-
ficate first above written.
Notary Public in a d for )/he State of
Washington, residing at
before me per-
7
to me known to be
A str' of land 20 feet in width ituate in the
City L. Tukwila, County of King, State of
Washington, being a portion of the City of Seattle
Lighting Department's Transmission Line Right -of-
Way, and being a portion of the C.C. Lewis Donation
Claim No. 37, in Section 15, Township 23 North,
Range 4 East, W.M., said strip of land lying 10.00
feet on each. side of the following described
'centerline:
Beginning at an existing concrete monument on the
centerline of said transmission line right -of -way,
said monument being at transmission line station
150 +57.08, from which another existing concrete
monument on the centerline of said transmission
cp line (station 143 +80.40) bears South 48 14'41"
OD East; thence from said Point of Beginning along
OD the centerline of said transmission line right -of-
CD
way North 48 14'41" West 331.82 feet; th ence at
right angles North 41 45' 1 9'" East 50. 00 feet to
ti
northeasterly margin of said Transmission Line Right-
of -Way and the TRUE POINT OF BEGINNING of the center-
line being described herein; thence from said TRUE
POINT OF BEGINNING South 41 45'19" West 100.00 feet
to the southwesterly margin of said transmission Line
Right -of -Way and the terminus of the centerline being
described herein.
together with a temporary easement for use during construction
described as follows:
1
a 20 foot temporary construction easement lying 10
feet on each side of and abutting the above described
permanent easement, said temporary easement to remain
in effect during construction and until said water and
sanitary sewer lines have been accepted for maintenance
and operation by the Grantee, or until January 2, 1976.
A copy of said easement as executed, attested, delivered and
recorded in the Office of the King County Director of Records
and Elections shall be placed in the files of the City
Comptroller and reference made thereon to this ordinance.
Section 2. (30 days ending)
F0
Passed:
June 9, 1975
Approved: June 12, 1975
Copied:lcg
7/9/75
R/6/17/75
2
ORDINANCE 104626
AN ORDINANCE granting an easement to the City of Tukwila in
certain Lighting Department electric transmission line
right -of -way in C. C. Lewis Donation Claim No. 37, Section
15, Township 23 North, Range 4 East, W.M., for a 12 -inch
water line and a 6 -inch sanitary sewer.
WHEREAS, the City of Tukwila,a municipal corporation of the
CD State of Washington, has requested from The City of
C9"
O Seattle an easement across certain Lighting Department
CD transmission line right -of -way in C. C. Lewis Donation
Q Claim No. 37, Section 15, Township 23 North, Range 4 East,
CD W.M. to permit the construction of a 12 -inch water line
11 and a 6-inch sanitary sewer, to be installed by Local
Improvement District No. 24 of said City of Tukwila; and
has offered in such connection: (1) to pay The City
of Seattle the sum of One Thousand Two Hundred Dollars
($1,200) as a cash consideration, (2) to provide certain
assurances for the protection of The City of Seattle's
transmission lines, (3) not to allow the sewer or water
line to interfere with any future use by The City of
Seattle of its transmission right -of -way for any City
purpose, and (4) not to assess the servient City of
Seattle property (transmission line right -of -way) in
said LID No. 24; and
WHEREAS, the sum of One Thousand Two Hundred Dollars ($1,200),
when considered together with the covenants and assurances
aforesaid appears to be and is hereby declared to be the
.fair market value of such easement; Now, Therefore,
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
RITE
Section 1. That upon deposit by the City of Tukwila
in the Lighting Fund of the sum of One Thousand Two Hundred
Dollars ($1,200) the Mayor is authorized to .execute and the
City Comptroller to attest for and on behalf of The City of
Seattle an easement substantially in the form contained in
C.F. 281283 granting to the City of Tukwila, a municipal
corporation of the State of Washington, an easement for a
12 -inch water line and a 6 -inch sanitary sewer line in that
portion of the City of Seattle transmission line right -of-
way in C. C. Lewis Donation Claim No. 37 described as follows:
cc: Vickery Ambrose (2) Accounts
Recchi Con. SvrcE Mktg. Payable
O'Sullivan J. Adams Gleason (2)
Coe Hunich C. Bannon
Gaw R/W (4) G. G. Smith
Walker Cost Accounting Doc File
Skone R. B. Koch