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HomeMy WebLinkAbout1966 - Easement Agreement - City of Seattle - 5978643IOC�t PACE EASEMENT AGREEMENT c lr, rk rl- t`•' If.. THIS AGREEMENT made this day by and between The City of Seattle, a municipal corporation of the State of Washington, hereinafter called the "City" and the City of Tukwila, a municipal corporation, hereinafter called "Grantee WITNESSETH: That for and in consideration of Grantee's agreement not to assess the City (Lighting Department) property in connection with Tukwila Local Improvement Districts Nos. 8 and 9, and the mutual covenants hereinafter set forth, it is agreed by-and between the parties hereto as follows: 1. The City hereby grants to the Grantee easements for water lines under and across the following described real property, to -wit: That portion of Stephen Foster Donation Claim No. 38 in the NW 5/4 of Section 14, Township 23 North, Range 4 East, W.M. being a strip of land 20 feet wide, lying 10 feet on each side of a center line described as follows: Beginning at the quarter section corner between Sections 14 and 15 of said Township and Range; thence South 88 East a distance of 993 .18 feet to a monument at the point of intersection of a curve on the center line of Secondary State Highway No. 2 -M; thence North 1+0 ",West 920.15 feet to a point distant 20 feet northeasterly from the northeasterly margin of the City of Seattle's Transmission Line Right of Way; thence South 49 East, parallel with the northeasterly margin of said Transmission Line Right of Way, 10 feet; thence South 40 West 20 feet to the northeasterly margin of said Transmission Line Right of Way, which is the True Point of Beginning of said center line; thence continuing South 40 West 100 feet to the southwesterly margin of said Trans- mission Line Right of Way, which is the terminus of this easement. ALSO, that portion of Stephen Foster Donation Claim No. 38 in the NE 1/4 of Section 15, Township 23 North, Range 4 East, W.M., being a strip of land 20 feet wide, lying 10 feet on each side of a center line described as follows: Beginning at the quarter section corner between Sections 14 and 15 of said Township and Range; thence South 88 East a distance of 993 .18 feet to a monument at the point of intersec- tion of a curve on the center line of Secondary State Highway No. 2 -M; thence North 40 West 920.15 feet to a point dis- tant 20 feet northeasterly from the northeasterly margin of the City of Seattle's Transmission Line Right of Way; thence North 49 24' West 835 feet parallel with the northeasterly margin of said Transmission Line Right of Way to a point on the southerly margin of a 16 -foot wide easement roadway, (said point being North 81 44 East 199.17 feet from a monument at the Point of Tangency of the center line of Secondary State Highway No. 2 -M); thence South 40 West 20 feet to the northeasterly margin of said Transmission Line Right of Way; thence South 49 East along the northeasterly margin of said Transmission Line Right of Way 30 feet to the True Point of Beginning of said center line; thence South 4 West 100 feet to the southwesterly margin of said Trans- mission Line Right of Way, which is the terminus of this easement. von 4742 PAGE 14 s v1 ALSO, that portion of the Stephen Foster Donation Claim No. 38 in the W 1/2 of Section 14, Township 23 North, Range 4 East, W.M., King County, Washington, being a strip of land 20 feet wide, lying 10 feet on each side of a center line described as follows: Beginning at the point of intersection of the west line of said Section 14 and the center line of the City of Seattle's Trans- mission Line Right of Way (Station 138 73.52); thence South 48 East along the center line of said Transmission Line Right of Way 1139.88 feet to a point of tangency (Station 127 33.64); thence continuing southeasterly along said center line on a curve to the right, having a radius of 5809.65 feet, an are distance of 2+3.75 feet, through a central angle of 02 to the true point of beginning of the center line of said 20 foot strip of land; thence North 44 East and South 44 West 25 feet radially to the northeasterly and southwesterly margins respectively of said City of Seattle's Transmission Line Right of Way. 2. The construction, maintenance, operation and use of the water lines therein constructed shall be at the sole cost and expense of the Grantee. 3. The use and occupancy of__s d- easements by the Grantee shall in no way interfere with the present oruture use of said property by the City for any purpose, and should any of the t"ity''s~u ilities be damaged or dis- turbed by reason of the construction, maintenance, operation or use of said water lines, the City may repair the same and the Grantee will pay the cost of such repair. 4. In the event such water lines be abandoned or removed by the Grantee or its assigns, the easements granted herein shall terminate and revert to the City, its successors or assigns, free of the encumbrance of said easements. 5. The Grantee agrees that the City shall not be liable for any damage to said water lines by reason of any construction, alteration or maintenance of improvements performed on said property by the City, its agents or repre sentatives. 6. The Grantee agrees to install permanent monuments at the point of intersection of each water line crossing at the northeasterly and southwesterly margins of the Transmission Line Right of Way. 7. The Grantee shall at no time interfere with the City's access to and over said property and any surface area disturbed by the Grantee shall be restored by said Grantee to its original condition. 8. The agreements and covenants of the Grantee herein are part of the consideration of the granting of these easements and in the event of default or failure by the Grantee in the performance of any of the terms or conditions hereof the City may, at its option, terminate these easements by ordinance and in such event all rights of the Grantee hereunder shall cease. 9. 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, maintenance, operation or use of said underground utilities, or the use and occupancy of said property by the Grantee, its successors or assigns. 2 VO 4 742 PACE 15 M l� r In case of any suit or action brought against the City by reason thereof, the Grantee, its successor or assigns will, upon notice to them of the commencement thereof, defend such suit or action at their sole cost and expense and will fully satisfy the final judgment rendered in any such action. IN WITNESS WHEREOF, the City has caused this agreement to be executed by its Mayor and City Comptroller pursuant to Ordinance 93651 and the Grantee has executed the same this day of 1965• This easement ccepted subject Ordinance of the City of R (j .1 i STATE OF WASHINGTON ss. COUNTY OF KING THE C 17Y OF ILA By fs Mayor' Attest: City Clerk THIS IS TO CERTIFY that on this 6th day of April 1965, before me, the undersigned a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Clarence F. Massart and C. G. Erlandson, to me known to be the Acting Mayor and City Comptroller, respectively, of THE CITY OF SEATTLE, the municipal corporation that executed the foregoing instrument, and acknowledged to me that they signed and sealed the same as the free and voluntary act and deed of said municipal corporation, and on oath stated that they were authorized to execute said instrument and that the seal affixed is the seal of the said municipal corporation. y Notary Publil& in and fort the State of Washington Residing at Seattle i5 p Mod for Recor Request of 4A e ROBERT A. m6als, County Au Rot THE CITY OF SEATTLE By/ %1U e 3 K4 /l Acting Mayor Attest. City Comptroller--And City Clerk to the foregoing covenants under authorization of Tukwila. x