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HomeMy WebLinkAbout1980 - Easement - Garrison George - 80072804768007280476 EASEMENT RECORDED THIS DAY JUL Z8 11 P IRP 8Y THE 0IVi51 QF RECORDS K �OU I THIS INDENTURE is made this 43sday oii��, between GEORGE B. GARRISON and GARRISON (hereinafter "Grantors and THE CITY OF TUKWILA, a municipal corporation (hereinafter "Grantee In consideration of Ten Dollars ($10.00) and other good and valuable consideration in hand paid, receipt of which is hereby acknowledged, and'performance by the parties of the covenants set forth below, Grantors hereby grant to Grantee the following easements: A. A non exclusive temporary easement for purposes necessarily and reasonably related to the construction, according to the plans and specifications of Plan Sheet Al of 2 of plans entitled "City of Tukwila, Alternate 'C' Street Improvement Project -S. 197th St. and 57th Ave. S. a copy of which Plan Sheet is attached as Attachment A and is incorporated herein, of a storm drainage system over, upon and under the property described on Attachment B, attached hereto and incorporated herein (the property described in Attachment B is hereinafter "the Easement Property B. A non exclusive perpetual easement over, upon and under the property described,in Attachment B for purposes of use and maintenance of the storm drainage system constructed thereon. These grants are made upon the following terms and conditions: EASEMENT Page 1 a 1. The easements granted hereunder shall be non exclusive; provided, however, that Grantors shall not grant any other easement or license with respect to the Easement lq;:r Property for a purpose inconsistent with the use by Grantee rJ under the terms of the easements granted herein. 2. Grantors shall fully use and enjoy the Easement Ca Property, except as to the rights granted herein. The easements granted herein shall in no event be construed to permit parties other than Grantee or Grantee's agents to come upon Grantors' property or the Easement Property, or to tap into the storm drainage system constructed on the Easement Property. Grantors shall remain free to negotiate with third parties for access to Grantors' property or the Easement Property. 3. Grantee agrees to indemnify and hold and save the Grantors harmless from any and all liability resulting from Grantee's construction, maintenance, repair, or failure to maintain and repair the storm drainage system or Easement Property, as required hereunder. 4. Grantors shall be permitted to relocate the storm drainage system as necessary in connection with future development by Grantors of the Easement Property. In the event of such future development and relocation, all costs and expenses occasioned by relocation of the storm drainage system shall be born by Grantors, and Grantors agree to indemnify and hold and save Grantee harmless from any and all liability resulting from such relocation and associated construction work. Relocation and replacement of the storm drainage system by Grantors shall fully meet all city standards for such work. In no event will Grantors disturb or alter the storm drainage system without the prior written consent of Grantee. EASEMENT Page 2 5. Should the Easement Property or the property surrounding the Easement Property be altered or improved in the 0 future such that the storm drainage system requires repair or 1 0 d' replacement, other than as provided for in paragraph 4 above, 0 CNJ the party responsible for causing or permitting the improvement O to the Easement Property or the surrounding property shall at co its sole cost and expense perform such repair or replacement, which shall meet city standards and specifications. 6. Grantors shall cause or permit no future construction whatsoever on the Easement Property without the prior written approval of Grantee. 7. Except as provided for in paragraphs 4 and 5, above, Grantee shall be fully responsible at all times to maintain and repair the storm drainage system located on the Easement Property. 8. This easement shall be assignable by Grantee without Grantors' written consent only to a municipal corporation or to the State of Washington. All other assignments shall not be valid unless written consent is first obtained by Grantee. 9. The rights hereby granted shall cease whenever Grantee shall have permanently abandoned the use of the storm drainage system accomodated by this agreement. 10. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns and shall run wit the pro ty. GEO�E B. GARRISON GARRISON [SIGNATURES CONTINUE ON PAGE 4 HEREOF] EASEMENT Page 3 r [CONTINUATION OF SIGNATURES FROM PAGE 3 of EASTMENT] ACCEPTED: THE CITY OF TUKWILA /i uli Attest: City Clerk STATE OF WASHINGTON ss. COUNTY OF K I N G On this date, before me, personally appeared before me GEORGE B GARRISON and GARRISON,to me known to be the individuals described in and who executed the within EASEMENT and acknowledged that they signed and sealed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN UNDER MY HAND AND OFFICIAL SEAL this a.Zb day of 1980. l�o� Public iri and for the State Y of Washington, residing at a �x v EASEMENT Page 4 0 3 -1605- 2601 -20 An easement in the City of Tukwila, County of King, State of Washington, for the construction, operation and maintenance of a storm drainage system on, under, over and along a strip of land 10.00 feet wide, lying 5.00 feet on both sides of a storm drainage system as it is finally constructed; said 10.00 foot wide easement being a portion of the following described subject. property: Lot 39 of Brookvale Garden Tracts recorded in Vol. 10 of Plats, Page 47, King County records, less the southerly 165 feet thereof, less that portion southwesterly of a line beginning of the west line thereof, 230 feet northerly of the southwesterly corner of said Lot 39; thence southeasterly to a point at the intersection of the north line of the south 165 feet with the east line of the west 65 feet of said Lot 39, and less the easterly 227 feet of said Lot 39; said easement being more particularly described as follows: The northerly 10.00 feet of the southerly 11.00 feet of the easterly 239.00 feet of the above described subject property and a 10.00 foot wide strip of land lying 5.00 feet on both sides of the following described center- line: Commencing at the northwesterly corner of said Lot 39; thence south along the easterly margin of 57th Avenue South (Riverside Avenue)(40' wide) 68 feet more or less to a point on the centerline of said storm drainage system and the TRUE POINT OF BEGINNING of said centerline; thence from said TRUE POINT OF BEGINNING S51' E 147 feet more or less to a point on a l i n e that is 6.00 feet northerly of the south line of the above described subject property. The termini of the 2 portions of the above described easements are to be prolonged or foreshortened to become contiguous with the westerly property line of the above described subject property and with each other. A ©9TH s Olt q OO_ OgO O FNT 9 Q U q< /Tl' F +tom L� �2vv� x x