HomeMy WebLinkAbout1968 - Easement - J C Penny Inc - 6397106E A S E M E N T
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THIS AGREEMENT made this 14th day of May 1968,
by and between J. C. PENNEY PROPERTIES, INC., a corporation, here-
inafter termed "Grantor and the CITY OF TUKWILA, a municipal
corporation of King County, Washington, hereinafter termed
"Grantee
WITNESSETH:
That the Grantor, for valuable consideration, does by these
presents quitclaim unto the Grantee, without warranty of any kind
of title, description or otherwise, a perpetual right -of -way or
easement for utility mains and lines with the necessary appurten-
ances through, over and across the following described property
situated in King County, Washington, more particularly described
as follows:
A fifteen foot wide strip of land described as the West
15 feet of the following described tract:
That portion of the NE 1/4 of the SW 1/4 of Section 26,
Township 23 North, Range 4 East, W.M., described as fol-
lows: Beginning at the NE corner of the SE 1/4 of Sec-
tion 26; thence North 88 °05'42" West along North line
of said SE 1/4 2678.68 feet to the East line of the NE
1/4 of the SW 1/4; thence South 01 °12'25" West along
said East line 657.29 feet to true point of beginning;
thence continuing South 01 °12'25" West 661.03 feet to
South line of said NE 1/4 of SW 1/4; thence North 87°
55'53" West along said South line 625.20 feet to Easter-
ly margin of South Center Parkway (57th Ave. S.); thence
North 01 °08'35" East along said Easterly margin 660.17
feet; thence South 88 °00'36" East 625.93 feet to true
point of beginning;
subject to easements, reservations, rights -of -way and encumbrances
of any kind and whether of record or not.
Said easement is granted subject to the following terms and
conditions:
1. All utility mains and lines and appurtenances thereto
installed within the easement herein described shall
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be buried to such depth below the existing surface
so as not to interfere with the use of the surface
for the purposes provided in paragraph 2.
2. Grantor reserves the right to use the surface for
any purpose not inconsistent with the rights herein
granted. Without limiting the generality of the
foregoing, it is hereby stipulated that the use of
the surface for landscaping, vehicular parking, and
vehicular and pedestrian traffic, according to the
requirements of the Grantor from time to time, is
not inconsistent with the rights herein granted;
and in connection therewith Grantor may pave the
surface with such materials and to such depths as
it shall see fit and may install and maintain curbs
and gutters.
3. The Grantee shall have the right, without prior in-
stitution of any suit or proceeding at law, at such
times as may be necessary to enter upon said ease-
ment for the purpose of constructing, repairing, al-
tering or reconstructing utility mains or lines or
making any connections therewith, without incurring
any legal obligation or liability therefor; provided
that such constructing, repairing, altering or recon-
structing of such utility lines or mains shall be ac-
complished with due care and in such a manner that the
fences, lawn, shrubbery, drives and walkways and land
contours existing in the right -of -way shall not be dis-
turbed or destroyed, or in the event that they are dis-
turbed or destroyed, they will be replaced by Grantee
at its sole cost and expense in as good a condition as
they were immediately before the property was en-
tered upon by the Grantee. During any such construct-
ing, repairing, altering or reconstructing, Grantee
shall provide means to permit traffic to continue to
travel over any driveways and /or walkways maintained
by Grantor over such easement.
4. This easement shall be a covenant running with the
land and shall be binding on the successors, heirs
and assigns of both parties hereto.
IN WITNESS WHEREOF Grantor has executed this instrument on the
day and year first above written.
Assistant :ecreta
STATE OF NEW YORK
COUNTY OF NEW YORK
On this lath day of MaY 1968, before, the undersigned,
personally appeared Oakley S. Evans and
Elting H. Smith too_ me known to be the Vice
President and Assistant Secretary, respectively, of J. C.
PENNEY PROPERTIES, INC., the corporation that executed the foregoing
instrument and acknowledged the said instrument to be the free and
voluntary act and deed of said corporation, for the uses and purposes
therein mentioned, aiic on oath-- -sta.ted that they were authorized
to execute the said instrument and that the seal affixed is the cor-
porate seal of said corporation.
Witness my hand and official seal hereto affixed the day and year
first above written.
"C:/
i, L64e2(' 9 cfr
filed for ��i2 OiC;
1 4"
Request of t
SS
J. C. PENNEY PROPERTIES, INC.
Vice President
50954- 69
5134 423
Notary 'Public in and for the State of
New York residing at '952 Ogden Avenue,
Bronx, New York
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filed fqr Rezori# IR 6f
Request