HomeMy WebLinkAbout1961 - Easement Agreement - City of Seattle - 53614815361481
Andover Industrial Park Easement
THE CITY OF SEATTLE, a municipal corporation, hereinafter called
City", for and in consideration of the covenants and agreements t
hereinafter set forth, hereby grants to IIAZ .TOWS OF TUKWII.A, WASH-
n, a municipal corporation, hereinafter tailed "Grantee
easements for installation of watermains and severs across those k
portions of The City of Seattle pipeline right of way described as
follows$
(1) The S 30' of the W 40' of the SE/4 of the SF/4 of
Section 23, Township 23 N., Ranee 4 E., W.4., and
also the 3 30' of the Z 40' of the Sd/4 of the SE/4
of Section 23, Town3htp,23- g,,,j+?! 4 Z•,WK•
(2) Within the NE/4 of the NF/4 of Section 26, Township
c 23 N., Range 4 E., W.H. t
y 4f Beginning at the !M corner of said NE/4 of the h,/4
thence N 89 W., a distance of 206.79' along t-he
northerly limits of said NVu of the —:,A to the true
point of bejinnine theace continuing N, 89 W.,
a distance of 80.60 thence S. 00 a dis-
IT tance of 40' M/I, to the southerly limits of said City k° .a
f of Seattle pipeline rifht of way, thence southeasterly
J alone said southerly limits o° the City of Seattle
J pipeline right of way, a distance of 82t N/i to pointy,)
from which the TPOB bears N. 00 W., thence N.
b egi n W., a distance of 70' to the live point of
r
By its acceptance of these easements and as a part of the con -„'F
sideration therefor, Grantee covenants and agrees thats
f' R 1. The Grantee will install said watermains and sewers in such
�jj a manner as to establish and maintain at least six inches of clear
anoe between the bottom of watermains and sewers and the top of W
of the City's pipelines within the right of way.
2. The Grantee will use cast iron pipe for the entire portion
of its sewer linea and watermai:.s within the City's pipeline right
of.way and to properly maintain such sever lines and watermains
after their installation] ind further that Grantee will maintain
at all time an earth cover, not leas than.& in depth,
1 i
a additlOnal sheets)
5361481
EAS&MENT AGREEMENT
THE CITY OF SEATTLE, a municipal corporation, hereinafter called
"City", for and in consideration of the covenants and agreements
hereinafter set forth, hereby grants to THE TOWN OF TUKIATILA, WASH
ington, a municipal corporation, hereinafter called "Grantee",
easements for installation of watermains and sewers across those
portions of The City of Seattle pipeline right of way described as
X.
(1) The S 30' of the W 401 of the SE /4 of the SE /4 of
Section 23, Township 23 N., Range 4 E., W.M., and
also the S 30' of the E 40 of the Sty /4 of the SE /4
of Section 23, Township 23 N., Range 4 E.,W.M.
(2) Within the NE/4 of the NE/4 of Section 26, Township
23 N., Range 4 E., W.M.:
Beginning at the NE corner of said NE /4 of the NE
thence N 89 W., a distance of 206.70 along the
northerly limits of said NE /4 of the NE/4 to the true
point of beginning, thence continuing N 89 W.,
a distance of 80.00 thence S. 00 E., a dis-
tance of 40' M/L to the southerly limits of said City
of Seattle pipeline right of way, thence southeasterly
along said southerly limits of the City of Seattle
pipeline right of way, a distance of 82 M/L to point
from which the TPOB bears N. 00 W., thence N.
00 W., a distance of 70 to the true point of
beginning.
By its acceptance of these easements and as a part of the con-
sideration therefor, Grantee covenants and agrees that:
1. The Grantee will install said watermains and sewers in such
a manner as to establish and maintain at least sir inches of clear-
ante between the bottom of watermains and sewers and the top of any
of the City's pipelines within the right of way.
2. The Grantee will use cast iron pipe for the entire portion
of its sewer lines and watermains within the City's pipeline right
of way and to properly maintain such sewer lines and watermains
after their installation; and further that Grantee will maintain
at all tines an earth cover, not less thane ���in depth,
VDL4411 PAGE044
I
over City's pipeline or lines as now or in the future constructed
beneath the surface of the easement area.
3. No portion of the expense of any original construction,
reconstruction, maintenance or improvement of the watermains and
sewers contemplated herein across the pipeline right of way shall
be assessed or otherwise taxed against the City.
4. The Grantee will notify the Water Department of The City
of Seattle in advance before any construction, reconstruction,
maintenance or repair operations are undertaken on said watermains
or sewers, such notice to be at least ten (10) days prior to such
construction, reconstruction, maintenance or repair, except in the
case of emergency maintenance or repair situations, in which event
the Grantee agrees to immediately notify said Water Department of
such emergency situation. In the case of any such construction,
reconstruction, maintenance or repair of Grantee's watermains and
sewers within the City's right of way, the Grantee agrees to follow
such directions and orders as the City's Superintendent of Water
may issue for the protection of the City's water pipeline.
5. The Grantee will promptly pay any loss or damage to the
City's pipelines or other facilities within the pipeline right
of way caused by the construction, reconstruction, maintenance,
repair, operation or use of the Grantee's watermains and sewers,
and further agrees at all times to protect and save harmless the
City from all claims, actions, suits, liability, loss, costs, ex-
penses or damage of any kind or description which may accrue to
or be suffered by any person or persons or property by reason of
the use and occupancy of said right of way, and in case any action
or suit shall be instituted or begun against the City for damages
arising out of or by reason of such watermains or sewers, the
Grantee shall upon notice to it of such action or suit defend
-2-
the same at its sole cost expense, and in case judgment shall
be rendered against the City in such action or suit, shall fully
pay and satisfy such judgment within ninety (90) days after such
action or suit shall have been finally determined.
6. The use of said easement by Grantee shall in no way inter-
fere with the present or future use of City's pipeline right of
way or the City's access thereto for inspection, maintenance, pipe-
line construction or other such purposes and in the event of such
interference Grantee, its successors, or assigns, shall remove,
alter, or relocate its watermains and sewers at its own.sole cost
and expense immediately upon the request of the City acting t_hrough
the Superintendent of Water.
IN WITNESS WHEREOF, The City of Seattle has caused this instrument
to be executed by its Mayor and City Comptroller pursuant to the
provisions of Ordinance 90557, and the Town of Tukwila, Washington,
has indicated its acceptance by ordinance this day
of 1961.
..�:''r� ��9` Fur,
ATTEST: O
4 ;Cpfqptrbller
STATE °WASHI TON
ss.
COUNTY OF K I N G
THE CITY OF SEATTLE
V Mayor
On this D I -A day 1961, before me personally
appeared GORDON S. CLINTON and C. G. ERLANDSON, to me known to be,
the Mayor and City Comptroller, respectively, of the municipal cor-
poration that executed the within and foregoing instrument, and ac-
knowledged said instrument to be the free and voluntary act and deed
of said municipal corporation for the uses and purposes therein men-
tioned, and on oath stated that they were authorized to execute said
instrument, and that the seal affixed is the corporate seal of said
municipal corporation.
WITNESS my hand and official s the day and year his cer-
tificate first above written.
t k6 Lary Public in and for the State
F.. �s of Washington, residing at Seattle
r
THE T01dN F TUM1ILA
By C
cw° a ^K
11o:. 42.13 r, c4i
ORDINANCE 90557
AN ORDINANCE relating to the Water Department and granting as ease-
ment'to the Town of Tukwila for watermains and sewers in portions
tfj of The City of Seattle water pipeline right of way within Tukwila.
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLL0143
Section 1. That the:. -Mayor and City Comptroller are hereby
authorized to execute for and on behalf of The City of Seattle an
"Easement Agreement" with the Town of Tukwila substantially in the
form of Exhibit "A" hereto, granting easements to Tukwila for in-
stallation of watermains and sewers through portions of The City
of Seattle's pipeline right of way in Sections 23 and 26, Township
23 N., Range 4 East, W.M., all as recommended in C. F. 243268.
Section 2. (30 day ending)
Approved: Sept. 18, 1961
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Andover Industrial Park Map
Andover Industrial Park Map