HomeMy WebLinkAbout1979 - Private Roadway and Parking Easement - State of Washington - 790213103779021310317
PRIVATE ROADWAY AND PARKING EASEWRDe KC
WHEREAS, the City of Tukwila, a municipal corporation, herein
referred to as "City" received by deed from the State of Washington
certain excess right -of -way property lying northerly of Southcenter
Boulevard (formerly Renton -Three Tree Point Road or Secondary
State Highway No. 1 -L) and westerly of relocated 62nd Avenue
South; and
WHEREAS, the City desires to retain ownership of the excess
right of way property as a means of controlling commercial access
to Southcenter Boulevard; and
WHEREAS, the City is desirous of coordinating its plans for
the re- location and improvement of 62nd Avenue South under LID #29
and has obtained from the grantees herein certain easements and
public dedications as further consideration for this easement;
now, therefore,
The City of Tukwila, as grantor, hereby grants, warrants and
conveys to H.M.H. Logging, an Oregon general partnership, as
nominee for an undisclosed principal, grantee, an easement for
private roadway and vehicular parking purposes over the following
described real property, located in the City of Tukwila, King
County, Washington:
[Parcel "C
That portion of the portion of Tracts 12 and 15, Inter-
urban Addition to Seattle, according to plat thereof
recorded in Volume 10 of Plats, page 55, records of
King County, Washington, and of vacated 62nd Avenue
South, conveyed by the State of Washington to the City
of Tukwila by deed recorded under Auditor's File
No. 7611300924 and delineated on that certain Washington
State Highway Commission right -of -way drawing SR 5 (PSH
NO. 1), SOUTH 178th ST. TO SOUTH 126TH ST. sheet 6 of
21 sheets, bearing date of approval January 30, 1962,
described as follows:
Commencing at a point on the north line of said Tract 12
which is north 88 °24'47" west 78.40 feet from the
northeast corner thereof; thence south 24 0 07 1 58" west
115.94 feet to a point on the northerly margin of
SR 405 (PSH NO. 1 RE) as delineated on said sheet 6;
thence south 65 °52 east along said northerly margin
86.00 feet to the Point of Beginning; thence south
24 °07 west 36.00 feet; thence south 59 0 36 1 49" east
117.97 feet; thence south 88 0 38 1 20" east 62.23 feet to
a point on the said northerly margin of SR 405; thence
north 51 °49'52" west along said northerly margin 102.11
feet to a point opposite Highway Engineers Station
170 +00; thence continuing along said northerly margin
north 65 0 52'02" west 75.58 feet to the Point of Beginning.
Subject, however, to the following terms, conditions and
restrictions:
1% EXC19E TAX NOT REQU1RcD
King Co. Recor�s Division
(1) Permitted Uses: This easement is granted solely for the
purpose of constructing, repairing and maintaining private vehicular
roadway improvements and parking improvements together with neces-
sary and incidental traffic control devices, storm water collection
and runoff basins and drains, cuts, fills, slopes and retaining
improvements. No improvements shall be undertaken in the easement
area unless the same shall have first been specifically approved
in advance by the City and all necessary permits and other govern-
mental approvals obtained and nothing herein contained shall be
deemed to waive or excuse strict compliance with all pertinent
ordinances, regulations and laws applicable to constuction of
CO private roadway and parking improvements.
O
(2) Approval of Plans: Prior to commencing construction
within the easement area, grantee shall obtain approval of detailed
G plans and specifications of all improvements contemplated within
Q` the easement area. It is specifically acknowledged that parking
to be provided on the easement property, when completed in accor-
dance with all applicable laws and regulations, shall be counted
to satisfy parking requirements in connection with development on
Parcel B described in paragaph 9.
(3) Duration: The duration of this easement shall be perpetual
unless sooner terminated or abandoned as herein provided.
(4) Reserved Rights: The City specifically reserves the
right to enter upon the easement property, to construct, recon-
struct or re- locate its utilities as may be located thereon and to
otherwise utilize the property for such other municipal purposes
as may be deemed desirable from time to time; provided, however,
in the event that any such activity by the City shall damage or
unduly restrict the use by grantee of the roadway or parking
improvements on the easement, the City shall promptly repair and
restore any damage or provide suitable alternate improvements
without cost to grantee.
(5) Maintenance: Grantee shall complete and maintain all
improvements constructed within the easement in a safe, clean and
unobstructed manner and in compliance with all applicable laws and
governmental regulation, all without cost to the City.
(6) Indemnity: In accepting this easement, grantee covenants
and agrees to indemnify and to hold the City fully harmless from
any occurance, loss or damage caused by or arising as a result of
grantee's construction, maintenance or use of the easement.
Grantee agrees to promptly stabilize and restore any slides,
failures or siltation from the easement property unless caused by
actions of the City pursuant to its reserved powers in paragraph 4.
(7) Insurance: Grantee covenants and agrees to carry and
maintain at its sole cost and expense, public liability and property
damage insurance with personal injury liability insurance limits
of not less than $500,000 per person /per occurrence insuring
against any and all liability of grantee or the City with respect
to the easement property or arising out of the construction,
maintenance, use and /or occupancy thereof, and property damage
liability insurance with limits of not less than $200,000 per
accident or occurrence. All such bodily injury liability insurance
and property damage liability insurance shall specifically assure
the performance by grantees of the indemnity agreement contained
in paragraph 6 hereof. Grantee's obligation to carry the insurance
provided for herein may be brought within the coverage of a so-
called blanket policy or policies of insurance carried and main-
tained by grantee; provided, however, that the City shall be named
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as an additional insured thereunder as its interest may appear.
Grantee agrees to file a true and accurate original copy of said
policy and renewals thereof with the City Clerk.
(8) No Representations: City makes no representations or
warranty as to the condition of the soil, stability of the easement
property, etc. and grantee has not relied upon any such representa-
tions. If it should prove practically impossible to complete the
improvements in accordance with the plans and specifications as
set out in paragraph 2, whether due to the weather, soils con-
ditions or other geological conditions encountered on the easement
r— property, this easement shall not be terminated but grantee may
Mj submit new plans and specifications so as to resolve the problems,
CD or, at its option, may restore part or all of the easement to its
M former condition and abandon such portions of the easement.
N
C (9) Identification Of Dominate Estate Assignment: All
C71- obligations imposed on grantee by this agreement shall be deemed
covenants real running with and binding upon the land of grantee
which is more fully described as follows:
[Parcel "B
That portion of Tracts 12 and 15 and vacated 62nd
Avenue South, Interurban Addition to Seattle, according
to plat thereof recorded in Volume 10 of Plats, page
55, records of King County, Washington, lying northerly
of the northerly margin of SR 405 (PSH NO. 1 RE) as
delineated on that certain Washington State Highway
Commission right -of -way drawing SR 5 (PSH NO. 1),
SOUTH 178th ST. TO SOUTH 126th ST., sheet 6 of 21
sheets, bearing date of approval January 30, 1962; and
lying southerly and westerly of the southerly and
westerly margin of the 62nd Avenue South Connection as
delineated on said sheet 6 and conveyed to the State of
Washington by deed recorded under Auditor's File
No. 5534286, and more fully described as follows:
Beginning at the northeast corner of said Tract 12,
thence north 88 0 24 1 47" west 78.40 feet along the north
line of Tract 12, thence south 24 0 07 1 58" west 115.94
feet to a point on said northerly margin, thence south
65 0 52 1 02" east 161.58 feet to a point on said northerly
margin opposite Highway Engineers Station 170 00,
thence south 51 0 49'52" east 160.53 feet along said
northerly margin to the intersection with the westerly
margin of the 62nd Avenue South Connection, thence
north 1 0 21'40" east 204.70 feet along said westerly
margin, thence north 88 0 24 1 47" west 154.24 feet along
the southerly margin of the 62nd Avenue South Connection,
to the point of intersection with the west line of said
Tract 12, thence north 1 0 21 1 40" east along the west
line of Tract 12 60.00 feet to the northeast corner of
Tract 12 and the true point of beginning.
and shall be binding on grantee, its heirs, successors and assigns.
This easement shall be deemed appurtenant to said Parcel B and may
not be assigned or conveyed in whole or in part separate from said
Parcel B except that grantee may grant a sub easement for mutual
ingress and egress over the easement property for the benefit of
the property adjacent to said Parcel B, more fully described as
follows:
3
[Parcel "A
That portion of Tract 12, Interurban Addition to Seattle,
according to plat thereof recorded in Volume 10 of
Plats, page 55, records of King County, Washington,
lying northerly of the northerly margin of SR 405 (PSH
NO. 1 RE) as delineated on that certain Washington
State Highway Commission right -of -way drawing SR 5 (PSH
NO. 1), SOUTH 178th ST. TO SOUTH 126th ST., sheet 6 of
21 sheets, bearing date of approval January 30, 1962;
and more fully described as follows:
Beginning at a point on the north line of said Tract 12
which is north 88 °24 west 78.40 feet from the
northeast corner thereof; thence south 24 1 07 1 58" west
115.94 feet to a point on said northerly margin, thence
r north 65 °52'02" west 238.42 feet along said northerly
C10 margin to a point opposite Highway Engineers Station
O 166 00 on said northerly margin, thence north 69 0 17 1 01"
M west 47.79 feet along said northerly margin to the
point of intersection with the north line of said
O
Tract 12, thence south 88 °24'47" east 309.81 feet along
C) said north line to the true point of beginning.
r—
(10) Taxes and Liens: In the event that any real property
tax, assessment, excise, tariff or levy is imposed upon the private
improvements constructed by grantee or upon grantee's rights under
this easement, grantee shall pay the same and hold the City fully
harmless therefrom. Grantee agrees to keep the easement property
and all improvements thereon free and clear of any and all liens
or claims of lien and to provide the City lien waivers or other
satisfactory evidence of compliance with this paragraph.
11. Termination and Abandonment: In the event any material
breach of any obligation imposed on grantee by its acceptance of
this easement remains uncured for more than ninety (90) days
following written notice of breach to grantee and to any other
party claiming under or through grantee who has requested notice
in writing, the City may at its option (a) act to cure the breach
and file a lien against grantee's property (Parcel B) for the
reasonable expenses incurred therefor, or (b) declare the easement
terminated and all rights of grantee hereunder forfeited and
abandoned.
DATED thi s 3 V
day of February, 1979.
CITY OF TUKWILA
By: V
Edgar Bauch, Mayor
By: l*,��
Maixirfe Anderson, City Clerk
Approved as to Form:
am
City Attorney
4
STATE OF WASHINGTON
SS
COUNTY OF KING
On this J 3 day of February, 1979, before me, the under-
signed, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared Edgar D. Bauch and
Maxine Anderson, to me known to be the Mayor and City Clerk,
respectively, of the City of Tukwila, the municipal corporation
that executed the foregoing instrument, and acknowledged the said
instrument 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 were authorized to execute the said instrument.
By:
L. Sterling Hane General Partner
B y a_wt :4. 4 L
Robert Hanel, General Partner
B y
William Hanel, General Partner
5
WITNESS my hand and
official seal hereto affixed
the day -anal
year first above written.
t4
Q
/49
co C'7
otary Public in and''for
t xe State of
Washington, residing at
N
Easement Accepted:
C
ON
February 1979.
H.M.H. Logging
By:
L. Sterling Hane General Partner
B y a_wt :4. 4 L
Robert Hanel, General Partner
B y
William Hanel, General Partner
5