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HomeMy WebLinkAbout1974 - Utility Easement - Municipality of Metropolitan Seattle - 7407220533UTILITY EASEMENT The MUNICIPALITY OF METROPOLITAN SEATTLE, a Municipal Corporation of the State of Washington, its successors and assigns (hereinafter together referred to as "Municipality for and in consideration of the sum of TWO HUNDRED AND NO /00 Dollars ($200.00) and other valuable consideration, the receipt of which is hereby acknowledged, hereby convey and grant to the CITY OF TUKWILA, a Municipal Corporation of the State of Washington, its successors and assigns (hereinafter together referred to as "City from the following- described property: As shown on Exhibit "A" attached to this instrument and by this reference made a part hereof. a permanent easement over, across, along, in, upon and under the following described portion of the above described property: A strip of land 10 feet in width lying 5 feet on each side of the following described centerline: Beginning at a point on the southerly line of the above described property distant 25 feet easterly along said southerly line as measured from the easterly line of the existing influent control structure presently within the Renton Treatment Plant, said point being known as former NP Station 1260 +98 thence northerly at right angles to said southerly margin of the Renton Treatment Plant a distance of 15 feet to the intersection with the Municipality's existing 120 inch influent sewer. Page 1 of 6 Pages said easement being for the purpose of installing, construct- ing, operating, maintaining, removing, repairing, replacing and using a sewer force main together with the right of ingress to and egress from said described property for the foregoing purposes. The Municipality does further convey and grant to the CITY a temporary construction easement for all purposes during the construction of the said facilities over, across, along, in, upon and under the following- described property, together with the right of ingress to and egress from said described property for the foregoing purposes, said easement to com- mence on the date of this instrument and to terminate on the date actual use of said easement area shall terminate or upon December 31, 1974, whichever shall first occur: Two strips of land each 15 feet in width lying easterly and westerly and adjoining the external margins, respectively, of the permanent easement described above. The MUNICIPALITY hereby and the CITY, by accepting this easement, mutually covenant and agree as follows: 1. The CITY shall upon completion of any initial construction of any facilties described herein and before the termination of the above described temporary construction easement remove all debris and restore the surface of the above described property as nearly as possible to the condition in which it existed at the date of this agreement. 2. The CITY shall, if the above described property is disturbed by the maintenance, removal, repair or replacement of the facilities specified herein, restore the surface of the above described property as nearly as possible to the condition in which it existed at the commencement of said maintenance, removal, repair or replacement. 3. The CITY shall protect and save harmless the MUNICIPALITY from any and all claims, demands, loss, damage, expense and liability of every kind and description including personal injury and for any damage to or loss or destruction of property whatsoever suffered by the MUNICIPALITY, its successors and assigns, or by any persons, firms or corporations, because of the construction and /or maintenance of said facilities. 4. All right, title and interest which may be used and enjoyed without interfering with the easement rights herein conveyed are reserved to the MUNICIPALITY. The construction, installation or maintenance, after the date of this agreement, however, of structures of a permanent nature within the above described permanent easement area at any time, or within the temporary construction easement area until such temporary construction easement shall have been terminated, shall be deemed an interference with said easement rights and as to such structures the provisions of Paragraphs 1, 2 and 3 shall not apply. Page 2 of 6 Pages DATED this MUNICIPALITY OF METROPOLITAN SEATTLE *1- Richard S. Page Executive Director B. J. Carol Clerk of the Council day of Page 3 of 6 Pages 197y STATE OF WASHINGTON ss. COUNTY OF KING 1974, before On this day of me personally appeared RICHARD S. PAGE and B. J. CAROL, to me known to be the Executive Director and Clerk of the Council, respectively, of the Municipality of Metropolitan Seattle, a municipal corporation, and acknowledged the within and foregoing instrument to be the free and voluntary act and deed of said 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 corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. cg10N t 1iV' :`4 rF {11A 01';' Page 4 of 6 Pages Notary Public in and for the State of Washington, residing at EXHIBIT "A" RENTON TREATMENT PLANT LEGAL DESCRIPTION Parts of Government Lots 2, 5 and 6, the NE 1/4 of the NW 1/4 and the SW 1/4 of the NE 1/4 of Section 24, Township 23 North, (r) Range 4 E., W.M., King County, Washington, as more particularly CO described herein below: CD s11 Commencing at the Northwest corner of Section 24, Township 23 CQ North, Range 4 E., W.M., as established by King County Aerial D Survey Coordinates (Existing Monument); thence South 87 °26'48" East along the north line of Section 24, a distance of 2692.56 feet, more or less, to the North 1/4 corner of said Section, established by a survey and the ties thereto, together with the King County Aerial Survey Coordinates, filed with the King County Engineer; thence South 0 °55'30" West along the north -south center line of said Section 24, the bearing of which is based on the angle in the southwest quadrant at the North 1/4 corner as determined from King County Aerial Survey Subdivision of said Section 24, a distance of 609.118 feet to the true point of beginning of this description; thence South 89 °04'30" East along a line perpendicular to said north -south center line of Section 24, a distance of 470.00 feet; thence South 0 °55'30" West along a line which is 470.00 feet easterly of and parallel with said north -south center line of Section 24, a distance of 1402.37 feet, more or less, to the intersection thereof with the northerly line of the right of way of the Northern Pacific Railway Company; thence southwesterly, westerly, and northwesterly, along said northerly line of right of way, to the intersection thereof with the northeasterly line of 72nd Avenue South; thence northwesterly, northeasterly and northerly along the easterly line of 72nd Avenue South to the intersection thereof with a line bearing North 89 °04'30" West from said true point of beginning;-thence South 89 °04'30" East along said last mentioned line, 1046.33 feet, more or less, to said true point of beginning of this description.- ALSO An irregular shaped parcel of land -all situate in the Northwest 1/4 and the Northeast 1/4 of Section 24, Township 23 North, Range 4 East, W.M., in King County, Washington, containing 11.48, more or less, acres described more particularly as follows: Beginning at a point on the North margin of right -of-way of the Burlington Northern Inc., "Former Northern Pacific Railway Company" 470.0 feet easterly as measured at right angles to the North -South quarter line of said Section 24; thence North 0 °55'30" East 1402.37 feet; thence North 89'04'30" West 1516.33 feet, more or less, to the Easterly margin of County Road No. 24- 23 -4 -1 "Monster or Steel Hill Road thence northerly along said easterly margin to a point hereinafter described; "Commencing at a point on the east line of the Northeast quarter of the Northwest quarter of Section 24, Township 23 North, Range 4 East., W.M., in King County, Washington, which point is 1804.20 feet north of the center of said Section 24; thence South 89 °34'43" West -1050 feet, more or less, to the easterly margin. of County Road No. 8; 72nd Avenue South "Monster or Steel Hill Page 5 of 6 Pages RENTON TREATMENT PLANT LEGAL DESCRIPTION Road"; thence northerly along said easterly margin 404.0 feet to said point; thence continuing above description; thence North 89'34'43" East 200.0 feet; thence northerly at right angles to a point on the south margin of a hereinafter described tract of land. "A tract of land of varying width all lying in the north half of Section 24, Township 23 North, Range 4 East, W.M., in King County, Washington, the centerline being described as follows: Commencing at the northwest corner of said Section 24; thence South 87 °26'48" East 1826.61 feet on and along the north_line of Section 24; thence North 22 °26'02" West 13.12 feet to a in beginning of a curve and the true point of beginning of this C✓ description; thence continuing with a tract of land 300 feet in width, being 150 feet on each side of the following described centerline: thence southeasterly along a tangent curve to the left CD having a radius of 572.96 =feet a distance of 666.41 feet; thence South 89°04'30" East 78381 feet; thence southeasterly along a tangent curve to the right having a radius of 159.15 feet a distance of 215.27 feet; thence South 11 °34'46" East 311.39 feet to a point which is the end of 300 -foot width of said tract, thence continuing with a tract of land 28 feet in width,, being 140 feet on each side of the following described centerline; thence South 11°34'46" East 1100.00 feet to a point which is the end of 280 -foot width of said tract; thence continuing with- °a of land 140 feet in width; being 70 feet on each side of thefellowing described centerline; thence South..11'34' 46' East-2,9.00 thence South. 12 °48' 36" East to a point on the north margin of Burlington Northern Inc. right- of -way "Former Northern Pacific Railway Company" and the end of this description" Thence continuing with the above description: Thence easterly along south margin of said tract of land to a point North 89 °04'30" West 344.81 feet of a point South West 459.118 feet of the north quarter of Section 24; thence South 89 °04'30" East 783.81 feet; thence southeasterly along a tangent curve to the right having a radius of 9.15 feet a distance of 12.38 feet; thence South 11 °34'46" East 311.39 feet; thence North 78 °25'14" East 10.00 feet; thence South 11 °34'46" East 1100.00 feet; thence North 78 °25'14" East 70.00 feet; thence South 11 °34'46" East 29.75 feet; thence South 12 °48'36" East to a point on the north margin of Burlington Northern Inc. right -of -way "Former Northern Pacific Railway Company thence southwesterly along said north margin to the true point of beginning and end of this description. Containing in total 64.48 acres. Page 6 of 6 Pages