HomeMy WebLinkAbout1987 - Easement for Water Sewer and Recreational Trail - VIPs Restaurants - 8703190468#0468 D
RECD F 11.00
EASEMENT FOR WATER, SEWER AND RECREATIONAL JAQrg-- ***11. 00
THIS AGREEMENT is entered into between VIP's Restaurants,
Inc. (hereinafter referred to as "the Grantor and the CITY OF
TUKWILA, a Washington optional municipal code City (hereinafter
referred to as "the Grantee
10 WHEREAS, Grantor owns or has an interest in certain real
O property (hereinafter referred to as "the Property located in
Q` the City of Tukwila, Washington, and more particularly described
on Exhibit A attached hereto and incorporated herein by this
M reference as if set forth in full, and
O
o WHEREAS, the Grantee currently has located on the Grantor's
property a waterline and a sewer line and Grantor's property is
further encumbered by a recreational trail easement in favor of
Grantee, and
WHEREAS, Grantee desires to obtain an easement for water and
sewer lines on the Property and is willing, in exchange therefore,
to relocate the recreational trail within the easement necessary
for the water and sewer lines, to assume responsibility for
maintenance of the trail, and to abandon a water line currently
located on the Property, and
WHEREAS, Grantor has agreed to grant a water, sewer and
recreational trail easement for the Property to Grantee under
certain terms and conditions, now, therefore
IN CONSIDERATION of the mutual benefits and conditions
hereinafter contained, Grantor hereby conveys and grants to
Grantee, its successors and assigns, a perpetual, nonexclusive
easement across, along, under, over, in and upon, the Property
described on Exhibit A attached hereto and incorporated herein by
this reference as if set forth in full, subject to the following
terms and conditions, by which Grantee agrees to be bound:
1. Use of the Property.
A. Grantee's use of the Property shall be for the following
purposes:
1. Installing, constructing, maintaining, operating,
repairing and replacing a water main and sewer main and all
necessary connections and appurtenances thereto, together with the
right of ingress and egress to, from and across said Property for
the foregoing purposes; and
2. Landscaping, developing and maintaining the
Property for public recreational trail purposes and installing,
constructing, maintaining, operating, repairing and replacing a
public recreational trail and trail facilities thereon, together
with the right of ingress and egress to, from and across said
property for the foregoing purposes.
B. The use of the recreational trail will be restricted to pedestrian use. Camping, campfires, the use of .f 'rearms a d e onable
other activities that wound b i onsi t��Wr safe 'W
d
the Property by the publ ic"11'r t n addit ron to the h ranto
restrictions on provided herein, the Grante�As�i� g
power to promulgate and enforce such other rules and regulations
for use of the trail by the public as it may, deem fit and proper
to promote safe and equitable use-by the public, and, to limit interference
with Grantor's reasonable use of the Property.
2. Existing Facilities. In consideration for Grantor's grant of
the easement for water, sewer and public recreational trail
facilities set forth above, the Grantee agrees to abandon the
existing water line on Grantor's property, with the property owner
taking all rights to further use of the abandoned facility within
the property. The Grantee further agrees to relocate, at
Grantee's sole cost and expense, the existing recreational trail
located on Grantor's property to the real property in which this
Easement is granted and any previously acquired interest of
Grantee in Grantor's property for recreational trail purposes
except as specified in this instrument is hereby abandoned and
extinguished.s and, any previously created or existing obligation or re sibility
of Grantor for maintenance of or liability for said recreational trail is hereby
3. Construction and Maintenance. The design of the public water terminated
main, sewer main and recreational trail shall be in the sole and si x in-
discretion of the Grantee. Grantee agrees to make reasonable guietd.
attempts in designing the public recreational trail to accommodate
any plans for development by the Grantor on property adjacent to
the trail. All design, engineering and construction costs
incurred in completing the water main, sewer main and recreational
trail shall be at the sole cost and expense of the Grantee.
Grantee shall be responsible for all maintenance and maintenance
costs incurred with respect to the water main, sewer main and
recreational trail.
4. Timing of Construction. Both parties and and that the
Grantee is in the pros ss of awdrdi g a C ra or construction
of the watern n A a r �Ceea �}_S_ ttr e�"-�
-2-
Construction and relocation of water, sewer and public recreational tram
facilities is to be commenced and to be completed as soon as possible, with
completion anticipated for June 1987. Immediately upon completion
Grantee is to provide Grantor with notice or date of completion. Grantor agrees
that Grantee may continue to use the present trail on the Property until such
time as the trail is relocated in the easement area.
. Indemnity. defend and hold harmless
the Grantor from and against any and all claims, losses or
liability, or any portion thereof, arising from injury or death to
persons or damage to property occasioned by a negligent act,
omission or failure of the Grantee, its officers, agents and
em ployees and maintaining the water main, sewer
main recreational trail on Prope
6. Successors. This Agreement shall be recorded with the King
County Auditor and shall constitute an easement and servitude
running with the land, inuring to the benefit of the parties
hereto, their heirs, executors, administrators, successors and
assigns.
Executed by the Grantor on �)o o
Executed by the Grantee on _`4A,4 3 198_.
I/
"V
GRANTEE: G R:
CITY F TUI S RESTAUITS C.
G L. VAN DUSEN, MAY R TITLE"
ATTEST /AUTHENTICATED:
WIN� ANDERSON, CITY CLERK
Vt
cam,
APPROVED AS TO FORM:
OFFICE Of THE CITY ATT OR EY
By:
OREGO
STATE OF NA
ss
COUNTY OF MARION
I certify that I know or have satisfactory evidence that
Steven V. Johnson signed this instrument, on oath stated that
he was authorized to execute the instrument and acknowledge it
as the Vice- President of VIP's Restaurants, Inc. to be the
co free and voluntary act of such party for the uses and purposes
ID mentioned in the instrument.
O
CT DATED this 12th day of December 1986.
COUNTY OF
WASHINGTON
ss
0 7 01 Y
NOTARY PUBLIC in L af d for the State
of auftm residing at Salem
My appointment expires: 1/23/91
I certify that I know or have satisfactory evidence that Gary
L. Van Dusen and Maxine Anderson signed this instrument, on oath
stated that they were authorized to execute this instrument and
acknowledge it as the Mayor and City Clerk of the CITY OF TUKWILA
to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
DATED this ra day of
Aar
0
ytV o f BLIC®
'foll I
0042.200.007
JEH /ko
11/25/86
12/02/86
J 198Y
NOTA PUBLIC in and for the State
of Washington residing at
My appointment expires: q z /g()
I
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G��``
r 1
F
-STATE OF
COUNTY OF
WASHINGTON
ss
0 7 01 Y
NOTARY PUBLIC in L af d for the State
of auftm residing at Salem
My appointment expires: 1/23/91
I certify that I know or have satisfactory evidence that Gary
L. Van Dusen and Maxine Anderson signed this instrument, on oath
stated that they were authorized to execute this instrument and
acknowledge it as the Mayor and City Clerk of the CITY OF TUKWILA
to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
DATED this ra day of
Aar
0
ytV o f BLIC®
'foll I
0042.200.007
JEH /ko
11/25/86
12/02/86
J 198Y
NOTA PUBLIC in and for the State
of Washington residing at
My appointment expires: q z /g()
I
-4-
EXHIBIT A
VIP'S UTILITY EASEMENT
An easement for water, sewer, and recreational trail purposes
in lot 35 of Brookvale Garden Tracts as recorded in Volume 10,
Page 47 of Plats, records of king County, Washington, and
also in a portion of Parcel 3 as recorded in Volume 37, Page 30
Of Surveys, records of King County, said easement being
situated in the Southwest 1/4 of Section 23, T23N,R4E,W.M.,
and lying westerly of the following described Bearing Line:
Beginning at the intersection of the west line of
co the east 25 feet of an unplatted strip lying east of
M* Tract 35 with the northerly line of Southcenter
O Boulevard condemned in King County Court Cause No.
600762;
thence north 65016'34" west, 163 feet;
b thence north 24043'26" east, 160 feet;
thence north 65016'34" west, 375.55 feet;,
co thence north 26025'50" east, to the north line of said
Tract 35 and the right -of -way margin for Macadam Road as
granted by Deed recorded under Auditor's File No.5516664
Records of King County; and the POINT OF BEGINNING of
said Bearing Line;
thence south 26025'50" west, 100 feet more or less to
the easterly right -of -way margin for said Macadam Road
and the END of said Bearing Line.
EXCEPT, that portion of lot 35 in said Brookvale Garden
Tracts lying southwesterly and westerly of a line drawn
parallel with and measured at right angles and /or
radially, 70 feet from the MAC -ROAD LINE of Primary
State Highway No.1, South 178th to South 126th Street as
declared under Civil Case No. 6010.
NOTE: See Exhibit B and C
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