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HomeMy WebLinkAbout1968 - Easement - Mikami Matt / Mikami Akiko / Mikami Kiyoto / Mikami Takumi / Yanagawa Hanako - 6343884tween the hereinafter termed "Grantee" and E A S E M E N T THIS AGREEMENT made this 10th day of April, 1968, by and be- CITY OF TUKWILA, a municipal corporation of King County, Washington, `MATT MIKAMi, as his separate estate, iAKIKO MIKA_MI, as her separate estate, as to an undivided one -half interest, "YAEKO MIKAMI, as her separate estate, as to an undivided one -half interest, KIYOTO MIKAM.I, as his separate estate, TAKUMI MIKAMI, as his separate estate, and HANAKO YANAGAWA, as Trustee under deed of Trust dated July 22, 1960, executed by Akiko Mikami, recorded October 13, 1960, under auditor's file No. 5212350 hereinafter termed "Grantor WITNESSETH: That the said Grantor for valuable consideration does by these presents grant unto the Grantee a perpetual right -of -way or easement for utility mains and lines with the necessary appurtenances 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 east 21 feet of each of the parcels of real prop- erty described on Appendix A attached hereto and made a part hereof. Said Grantee shall have the right, without prior institution of any suit or proceeding at law, at such times as may be necessary to enter upon said property for the purpose of con- structing, repairing, altering or reconstructing utility lines or mains or making any connections therewith, without incur- ring any legal obligation or liability therefor, provided that such constructing, repairing, altering or reconstructing of such utility lines or mains shall be accomplished in such a manner that the fences, lawn, shrubbery, drives and walkways and land contours existing in the right-of-way shall not be disturbed or destroyed, or in the event that they are dis- turbed or destroyed, they will be replaced in as good con- dition as they were immediately before the property was entered upon by the Grantee. The Grantor shall retain the right to use the surface of said easement, so long as said use does not interfere with the installation and maintenance of the utility lines or mains and so long as no buildings or structures are erected on said easement. 5083 p.d 5 5083 696 This easement shall be a covenant running with the land and shall be binding on the successors, heirs and assigns of both parties hereto. As part of the consideration for the granting of this easement, Grantee expressly covenants and agrees with Grantor as follows: 1 As a part of the construction and improvement of South center Parkway (57th Avenue South), Grantee agrees to construct at its cost and expense an extension of the ten inch water main now located on the east side of said street to extend the same westerly across said street to the margin of the property owned and retained by Grantor near the north boundary of the Matt Mikami property. Grantee further agrees to extend the crossing of said water main at some other location on said street in accordance with its comprehensive plan to the end that an ultimate tying in of the system will occur between the properties on the west side of said street and the properties on the east side of said street within the city of Tukwila. 2. Grantee agrees as part of the construction and improvement of South Center Parkway (57th Avenue South) to extend the existing twelve (12) inch sanitary sewer line now located on the easterly side of said street to the westerly side of said street at or near the southerly boundary of the property of Hanako Yanagawa; such extension to be at the sole cost and expense of Grantee. Grantee shall be entitled to connect to said line in the future as well as to the water line described in 1 above without payment of any further charges for the extension of such lines to the margin of Grantor's properties. 3. Grantee agrees to construct as part of the development and improvement of South Center Parkway (57th Avenue South) a 12" storm drainage line within the easement area herein granted, extending from the northerly margin of Grantor's property southerly to the southerly margin of Grantor's property. Grantee agrees to also construct five 12" tie -in lines extending such drainage easterly across South Center Parkway (57th Avenue South) to the storm drainage line paralleling South Center Parkway on the east side thereof and to take and convey the waters emanating from properties of the Grantor and properties to the west of Grantor to the further storm drainage lines of Grantee and ultimately to deposit the same in the Green River. Such storm drainage line shall be at no cost or expense to Grantor, except as Grantor may be assessed under the local improvement district formed by Grantee to develop, improve and construct South Center Parkway. The storm drainage line installed along the west side of South Center Parkway shall be of the per- forated pipe type to pick up ground water emanating from said property and shall be further connected to the exist- ing four box ditches and four tile lines now located on the property of Grantors and as hereafter staked and located by Grantors at the time of the commencement of construction of the improvement of South Center Parkway and the storm drainage line herein described. 4. Grantee assures Grantor that the present grade level of South Center Parkway will not vary more than 18" to 36" higher than the existing grade of the street now improved upon the right of way of South Center Parkway. Grantee 5C83 62 further assures to Grantor adequate access to such improved street at existing driveways of Grantor's property as well as continued access during the period of construction, with the exception of the times during which actual paving of said right of way is being accomplished. 5. Grantee assures Grantor the right to lay and develop future utility lines within such fifteen foot right of way as here- in granted to Grantee for the purpose of serving the proper- ties of Grantor with the necessary sanitary sewer, water, underground power and other and similar utilities necessary for the future service of Grantor's property. 6. Grantee assures Grantor that existing septic tank drainage fields now serving residences located on portions of Grantor's property will be replaced, extended and _maintained in as good condition as they are now, such replacements or extensions to be located in areas of the property retained by Grantors and in accordance with the desires of Grantors. 7. Grantee agrees to extend a 3/4 inch water line connection from the east side of South Center Parkway to the west side of South Center Parkway to serve the residence of Kivoto Mikami, provided that Kiyoto Mikami will pay to Grantee the usual meter and connection charges provided by the ordinances of Grantee at such time as Kiyoto Mikami shall avail himself of a connection to the said line. DATED this 10th day of April, 1968. CITY OF TUKi'7ILA Matt Mikami Akiko Mikami Yaleko .Mikami Kiy;Oto Mikami Takumi Mikami Hanako Yanagaw• J' 5083 628 STATE OF WASHINGTON ss. COUNTY OF KING On this day personally appeared before me MATT MIKAMI, AKIKO MIKAMI, YAEKO MIKAMI, KIYOTO MIKAMI, TAKUMI MIKAMI and HANAKO YANAGAWA, to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. April, 1968. GIVEN under my hand and official seal this day of VOTARY PUBLIC in and for the State of Washington, residing at 4 APPENDIX A 5083 629 That portion of the northeast quarter of the southwest quarter (herein- after referred to as the subdivision) in section 26, township 23 north, range 4 east, W.P., in King County, Wiashington, lying west of the County Road and described as follows: Beginning at a point on the west line of said subdivision 1020 feet north of the southwest corner thereof running thence north along said west line 294.62 feet, more or less, to the northwest corner of said subdivision; thence east along the north line of said subdivision; thence east along the north line of said sub- division to the intersection with the west line of said County Road; thence south along said west line a distance of 294.62 feet, more or less, to the intersection with a line running east from the point of beginning parallel to the south line of said sub- division; thence west on said parallel line to the point of begin- ning; Less State Highway; Beginning at a point on the west line of said subdivision 765 feet north of the southwest corner thereof running thence north along said west line 255 feet; thence east on a line parallel with the south line of said subdivision to the intersection with the west line of said County Road; thence south along said west line 255 feet more or less, to the intersection with a line running east from the point of beginning parallel with the south line of said subdivision; thence west along said parallel line to the noint of beginning; Less State Highway; Beginning at a point on the west line of said subdivision 510 feet north of the southwest corner thereof; running thence north along said west line 255 feet; thence east on a line parallel with the south line of said subdivision to the intersection with the west line of said County Road; thence south along said west line 255 feet, more or less, to the intersection with a line running east from the point of beginning parallel with the south line of said subdivision: thence west along said parallel line to the point of beginning; Less State Highway; Beginning at a point on the west line of said subdivision 255 feet north of the southwest corner thereof, running thence north along southwest line a distance of 255 feet; thence east along a line parallel with the south line of said subdivision to the inter- section with the west line of said County Road; thence south along said west line a distance of 255 feet, more or less, to the inter- section with a line running east from the point of beginning, parallel with the south line of said subdivision; thence west along said parallel line to the point of beginning; Less State Highway; Beginning at the southwest corner of said subdivision; running thence north along the west line of said subdivision a distance of 255 feet; thence east parallel with the south line of said sub- division to the west line of said County Road; thence south along said west line 255 feet, more or less, to the south line of said subdivision; thence west along said south line to the point of beginning. APPENDIX A filed for i eccc< Request of