HomeMy WebLinkAbout1966 - Easement Agreement - City of Seattle - 59827185�.8271 -8
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TMS 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",
WITNESSETB:
That for and in consideration of Grantee's agreement not to assess the
City (Lighting Department) property in connection with Tukwila Local Improvement
Districts Noo. 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 1/4 of Section 1 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 o f said Township and Range; thence South 88 Fast a
distance of 995.18 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 40ao1'05" West 9 20. 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:
I
Beginning at the quarter section corner between Sections 14 and
15 of said Township and Range; thence South 88 0 1 0 1 39" 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 490
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 1.99.17 feet from a monument at the Point of Tangency
of the center 11he 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 49024' 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
40 West 100 feet to the southwesterly margin of said Trans-
mission Line Right of Way, which is the terminus of this easement.
How,
VOL 4745 put 307
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,
King County, Washington, being a strip of land 20 feet
ode
s lying 10 feet on each side of a center line described as
hd
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 0 14141" 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 arc
distance of 243.75 feet, through a central angle of 02 to
the true point of beginning of the center line of said 20 foot
strip of lands 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 said easements by the Grantee shall in
no way interfere with the present or future use of said property by the City
for any purpose, and should any of the City's utilities 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 mid property by the City, its agents or repre-
sentatives.
6. The Grantee agrees to install permanent monuments at the paint 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 opti.on,.terminste 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 persona 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
.VOL 4 FACE JU3
In caso of mW suit or ti n "brought a InOt they City by re ton thereof the Grantee
its sizacessor or assigns will,. wpon notices to that of the aeen0eJ=71t t1ere*r, defend
sudh suit o action at their sole coot wd expense and will fully setlsfY the ti nal
judgment raude red In awy suah aation
w wnwm vHmw', the City has asuped this 061W t to to executed by Its
ftor an$ City Cwt UOr pwe =t to Ordimme 9 and the f antte has a "carted
tile same this &,W of 1965
Attest, w. wrewwrw
city amptrUi r aid alty t"3 er"t
ye
ThI ease acee Of
of the C ity e t `o' `i Ug ac "ri�a under a'�st `ization
To am OF
its' CYe
AXHIS IS TO CWTUT that a this' 6th $cam Of pri.l 0 19 before moo
they undersWed a Notary PubXia in end for the Mate of mgt dty aoomissioned and
s rn., parla y eared Cl p. M"sart =A C, 0. Erlandson, to me kxXm to be the
Acting XWor and C'9.ty OmotroUar,, respeotively,, of To CMT OF MU,; they m=iai
c orpor&tj" that executed th a f' a strt ent aud ackwv1adVd to me that they
sioaed and se al. the vem as the free and VOluntOXY act and 400d Of said zmux UlPs
aorporation, and on Grath state, that they ,e authorized to execute sald' instr=ent
and t sea affixed d s the seal of the ea d pie pal corporatlono.
Filed for Recar a� 196 z TM.
Request of '6�
no tary i�tt`bl a in anal f6r Sher State of t�€tshi n
Heaiduw at Seattle
Filed for Recar a� 196 z TM.
Request of '6�
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