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HomeMy WebLinkAboutOrd 0333 - Water Pipeline Franchise with City of SeattleORDINANCE NO 333 AMENDED BY ORD 343 AN ORDINANCE granting to the Water Department of the City of Seattle a franchise and permit to use portions of the streets of the Zown of Tukwila as particularly described therein for the installation, maintenance and care of a 60-inch water pipe line. BE 12 ORDAINED by the Town Council of the Town of Tukwila as follows (1) Whereas, in the orderly development of the industrial area of the Town of Tukwila it has become necessary and advisable to relocate a 60-inch water pipe line which is a part of the facilities of the Water Department of the City of Seattle, and Whereas, said relocation will be in the best interests of the Town and in furtherance of the Comprehensive Plan of development of the industrial area of the Town, and Whereas, the City of Seattle, Water Department have requested a franchise and permit to use certain portions of the streets and right-of- ways of the Town of Tukwila for the installa- tion and maintenance of said 60-inch water pipe line, NOW, THEREFORE, (2) The Water Department of the City of Seattle is hereby granted a franchise and permit to use the following described portions of 67th Avenue South and south 158th Street for the installation, maintenance and care of a 60-inch water pipe line only according to the terms and conditions more particularly set forth herein. A 30 foot easement along 67th Avenue South and across South 158th Street in the Town of Tukwila, Andover Industrial Park No. 1, recorded in Volume 66 of Plats, Page 36, the centerline of said 30 foot easement is more particularly described as follows. Beginning at the point of intersection of the centerline of 67th Avenue South, with the south line of said Andover industrial 2ark No. 1, said point being 246.70 feet North 89 West of the Section corner coutuion to Sections 23, 24, 25 and 26, Township 23 North, Range 4 East W.M., thence South 89 East along the south line of said Andover Industrial Park No. 1, 15.0 feet to the true point of beginning, thence North 0 iest, parallel to and 15 feet easterly from the center- line of 67th Avenue South, 795.33 feet to an angle point; thence North 44°1145" West across South 158th Street, 33.46 feet to a point of curve to the left with a radius of 65 feet, thence along said curve to the left, an arc distance of 12.83 feet to a point on the northerly line of said Andover Industrial Park No. 1, said point being North 0 West 829.29 feet, and South 84 Test 18.17 feet from point of beginning; thence continuing on said curve to the left with a radius of 65 feet, an arc distance of 45.06 feet to a point of tangency on a line that is 15 feet northerly of, and parallel to, the northerly line of South 158th Street, but excluding therefrom any portion of the above described 30 foot easement that is northerly of the northerly line of South 158th Street, but reserving the right to install under- ground water, ,ewer, drainage, electric power, gas, and telephone service crossings, Situate in the Town of Tukwila, County of King, State of Washington. As a condition of this franchise and permit the Water Department of the City of Seattle shall, within thirty (30) days of installation of the said 60-inch water pipe line supply a map or maps showing as near as may be the nature and location of the facilities installed within the street rights-of-way and, such facilities being underground, the depth thereof. (4) Any work affecting the location of poles, pipes, conduits, in, upon or along Town Streets shall be done only upon permit issued by the Town Engineer or other person to whom his authority may be delegated. Application for such permit shall be accompanied by at least two maps or plane showing in detail the work proposed to be done and other improvements or installations affected by said work. (3) All facilities construe under thi ordimnce chall be placed and maintained at such a position in said streets or public ways as shall least interfere with the free passage of traffic and the free use of adjoining property and shall be entirely located beneath the surface of the earth. thenever it shall oe necessary in the installation, repair or substitution of such facilities to make any excavation in, or any alteration of, streets or avenues, the grantee City of Seattle and its successors shall secure a permit therefor and conduct such work in full compliance with the ordinances of the Town of Tukwila relating to the marring or de- facing or altering of Town streets. (6) The Grantee hereunder, its successors and assigns, shall indemnify and hold harmless the Town of Tukwila against all damages if any, that may result by reason of the construction, operation and maintenance of said facility or facilities and the said Grantee, its suc- cessors and assigns shall pay all damages for which it, they or the Tot'mof Tukwila shall be held liable, re- sulting to any person or persons, association or cor- poration, by reason of the construction, operation and maintenance of the said facility, provided, however, that in case any claim is filed with the Town of Tukwila or any suit or action is instituted against the Town by reason of any such damage or injury, the Council shall cause written notice thereof to be given to the Grantee and the grantee shall have the right to defend any suit or action. (7) In consideration of the granting of this franchise and permit the Grantee for itself and its successors and assigns agrees to save the Town of Tukwila harm- less from any liability of whatsoever nature arising out of any damage and/or destruction done or suffered to be done to its facilities placed under, upon or along Town street rights-of-way embraced by this fran- chise and hereby assumes the risk occasioned to Grantee by the Town of Tukwila in its maintenance and/or con- struction work upon Town streets, which damage would not have occurred but for the presence there of the Grantee's facilities aforesaid. In accepting this franchise and permit the Grantee acknowledges that its rights hereunder are subject to the Police power of the Town to adopt and enforce general ordinances necessary to the safety and wel- fare of the public; and it agrees to comply with all applicable general laws enacted by the Town pursuant to such power. ATTEST (9) passage on this If, within 90 days of the effective date of this ordinance, the Grantee shall have failed to file its written acceptance of the same with the Town Clerk the rights granted hereby shall be deemed forfeited and the franchise null and void. This Ordinance shall become effective on the 7TH day OF AUGUST 1961. TOWN ATTORNEY PASSED AND APPROVED by the Town Council this 7 of APPROVED AS TO FORM LOIS T. NEWTON CITY CLERK CHARLES O. BAKER MAYOR 1961, and signed in authentiia 1961.