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HomeMy WebLinkAbout1977 - Easement for Storm Sewer and Drainage Release - Jack A Benaroya Company - 77032208177703220817 Parkway Plaza Building E EASEMENT FOR STORM SEWER AND DRAINAGE RELEASE p r-- co zCD THE GRANTOR, JACK A. BENAROYA COMPANY, =ATTt9r a CD Washington corporation (hereinafter referred to as "Grantor for and in consideration of the sum of ONE DOLLAR ($1.00), and other good and valuable consideration, in hand paid, receipt of C) which is hereby acknowledged, does hereby grant, sell and convey to the City of Tukwila, Washington, a municipal corporation r cv (hereinafter referred to as "Grantee its successors and assigns, a perpetual easement and right -of -way for the construc- tion, operation, maintenance and /or repair and /or.replacement of a storm line or lines and appurtenances thereto, together with the right of ingress and egress to and from said easement and right -of -way for all purposes necessary and related thereto-, over, through, under, across, upon and in the property more fully described on Exhibit A hereto, situate in King County, State of Washington. TOGETHER WITH a temporary construction easement lying ten feet on each side of and adjoining the above 20 -foot wide, centerline described "strip easement Said temporary con- struction easement shall remain in force during construction and until the water line and appurtenances are accepted for mainten- ance and operation by the City of Tukwila, Washington. THIS REVISED easement quit claims and voids that cer- tain easement previously granted to the City of Tukwila by instrument recorded June 17, 1975, under King County Auditor's File No. 7206170674. THIS EASEMENT is granted with the understanding that the property affected will be restored as nearly as possible to 1% EXCISE TAN( NOT REQl M ng Co. Records Division Eli.. Dep y its original condition upon completion of construction. The Grantee also agrees to indemnify and save harmless the Grantor from any liability arising from the construction contemplated herein. FURTHERMORE, the Grantor acknowledges that said storm sewer may affect the natural drainage flow across property owned by Grantor described N in Exhibit B hereto and situated in King County, State of Washington. co 0 Grantor consents to the natural flow of surface water not contained within N (v) CD the subject storm line or lines and appurtenances to be carried in its natural r- r'- channel across said property of Grantor and to indemnify, save and hold harmless Grantee for any and all damage that may be caused by said drainage flow and this conveyance shall be a covenant running with the land and shall be binding upon all parties, their heirs and assigns forever; provided, however, that such consent, indemnification and hold harmless shall cease and determine upon the construction and the acceptance by the City of Tukwila of an overflow storm line extending from the subject storm line intake into the existing City of Tukwila storm line along Southcenter Parkway pursuant to Letter Agreement dated January 10, 1977, between Grantor and Grantee. DATED this C day of February 1977, at Seattle Washington. JAC A B AROYA C By Jack A. Benaroya, President By Secretary GRANTOR STATE OF WASHINGTON ss. County of King On this day of February 1977, before me, the undersigned, a Notary Public in and for the State of Washington, 2 f C I T Y OF TUKW l L.A 172 37 [a co N N C10 N duly commissioned and sworn, personally appeared JACK A. BENAROYA and 1 sk e �tiC� to me known to be the President and Secretary, respectively, of JACK A. BENAROYA COMPANY, the corporation that executed the foregoing Easement, and acknowleged the said Easement 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 are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corpo- ration. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC in and for the St of Washington, residing at EXHIBIT A That portion of the SE 1/4 of the SW 1/4 of Section 26, Township 23 Nbrth, Range 4 East, W.M., lying west of Southcenter Parkway (also known as 57th Avenue South); Said easement shall be over a strip of land 20 feet wide, lying within the above described parcel, the centerline being described as follows: Commencing at the southeast corner of said SE 1/4 of the SW 1/4 of Section 26; thence N 87 tip► along the south line of said subdivision, a distance of 1019.88 feet to the true point of beginning; thence N 42 W, 90.00 feet thence N 21 E, 179.43 feet; thence N 00 E, 574.23 feet; thence N 60 W, 96.71 feet; thence S 81 W, 205.00 feet, more or less, to a point on the west line of said subdivision and there terminating, the side lines of said strip being prolonged or shortened to terminate at the boundary of the above described property. AND said easement shall also be over that portion of said parcel,.described as follows: Beginning at the southwest corner of said SE 1/4 of the SW 1/4 of Section 26; thence N 0 E along the west line of said subdivision a distance of 799.0 feet to the true point of beginning; thence continuing along said west line a distance of 50.00 feet; thence S 89 E, at right angles to said west line, a distance of 20.00 feet; thence S 00 W, parallel with said west line, a distance of 50.00 feet; thence N 89 W, 20.00 feet to the west line of said subdivision and the true point of beginning. EXHIBIT B That portion of the SE 1 /4'of the SW 1/4 of Section 26, Township 23 N, Range 4 E, W.M., lying west Southcenter Parkway (also known as 57th Avenue South). TOGETHER with a temporary easement for access across said property described in Exhibit B, to be located during construction at the Owners direction. Benaroya Easements