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HomeMy WebLinkAbout1968 - Easement - Southcenter Shopping Center Corporation / Connecticut General Life Insurance Company - 6355533U E A S E M E N T 50 73 THIS AGREEMENT made this m4 day of April 1968 by and between the CITY OF TUKWILA, a municipal corporation of King County, Washington, hereinafter termed "Grantee" and SOUTHCENTER SHOPPING CENTER CORPORATION, a Washington corporation, and CONNECTICUT GENERAL LIFE INSURANCE COMPANY, 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 the following described tract., That portion of the Southeast quarter of the Northwest quarter of Section 26, Township 23 North Range 4 East W.M. lying between Primary State Highway Number 1 and South Center Parkway EXCEPT the North 100 feet of the South 400 feet thereof, and EXCEPT Commencing at the Southwest corner of said subdivision; thence South 89 °21'31" East along the South line thereof 1961.64 feet to the West margin of 57th Avenue South (Mess Bros. Road); thence North 00 °09'22" West along said West margin a distance of 400.00 feet; Thence North 89 °21'31 West a distance of 6.00 feet to the West margin of 57th Avenue South as widened by deed from Southcenter Corporation to City of Tukwila, and the true point of beginning; thence continuing North 89 °21'31" West a distance of 160.98 feet to the Easterly margin of Primary State Highway Number 1, as condemned in United States District Court Cause No. 6010; Thence North 12 °4641" East along said Easterly margin a distance of 9.48 feet to an angle point therein; thence North 23 °31'36" West along said Easterly margin a distance of 129.77 feet; thence around a curve to the left the center of which bears North 78 °43'19" West, having central angle of 00 °41'54" an arc distance of 73.49 feet; thence South 89 °21'31" East a distance of 194.73 feet to the West margin of 57th Avenue South; Thence South 00 °34'46" East along said margin as widened a distance of 200.00 feet to the true point of beginning; 5095 74 B YE 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 constructing, repairing, altering or reconstructing utility lines or mains or making any connections therewith, without incurring any legal obligation or liability therefore, provided that such constructing, repairing, altering or re- constructing of such utility lines or mains shall be accomplished in such a manner that the fences, lawn, shrubbery, drives and walkways and land contours ex- isting in the right -of -way shall not be disturbed or destroyed, or in the event that they are distrubed or destroyed, they will be replaced in as good a condition 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. This easement shall be a covenant running with the land and shall be binding on the successors, heirs and assigns of both parties hereto. It is understood and agreed that all utility mains and lines and lines installed by the Grantee or its assigns under this easement shall be installed underground at such depths as not to interfere with Grantor's use of the surface of the property for roadway and parking purposes, and that no overhead lines of any nature whatsoever shall be installed. IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its hereunto affixed this CONNECTICUT GENE INSURANCE COMP i H. N. Nielson, SecoV ic4- ?iesident 3 P. H F inl e y, Hssi Y y 2 proper officers and its day of April, 1968, SOUTHCENTER SHOPPING CENTER CORPORATION corporate st E f 4 vice President' I' Sec Argrq v t y E STATE OF WASHINGTON) ss. COUNTY OF K I N G) On this day of April, 1968, before me, the under- signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared M. E. BOYS and ROGER L. SHIDLER, to me known to be the Vice President and Secretary, respectively, of SOUTHCENTER SHOPPING CENTER CORPORATION, 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, and on oath stated that they were authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. 3 Notary Public in and for the State of Washington, residing at Seattle 5095 75 5095 7C STATE OF CONNECTICUT) ss. COUNTY OF HARTFORD 4 On this 4, day of April, 1968, before me, the undersigned, 1 OC'/V;L'Ci C i.l a Notary Public in and for the State of WAW§Uon, duly commissioned Cn and sworn, personally appeared i- N and to me known to be the S'` C 1,7 r <c D and s/ n.e� i respectively, of CONNECTICUT GENERAL LIFE INSURANCE COMPANY, the cor- poration 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, and on oath stated that they were authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS MY HAND AND OFFICIAL SEAL HERETO AFFIXED THE DAY AND YEAR FIRST ABOVE WRITTEN. 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