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Home My WebLink About1979 - Sidewalk Easement - HMH Logging - 79021413997902141399 SIDEWALK EASEMENT WHEREAS, H.M.H. LOGGING, an Oregon general partnership, as nominee for an undisclosed principal, herein referred to as "Grantor" owns certain property adjacent to and southerly and westerly of 62nd Avenue South in the City of Tukwila, King County, Washington, which property is commonly known as 6100 Southcenter Boulevard; and WHEREAS, the City of Tukwila (hereinafter referred to as "City has requested an easement for construction, maintenance and repair of a pedestrian sidewalk and incidental improvements within the fifteen feet of said property lying immediately adjacent to (and southerly and westerly from the southerly and westerly edge of relocated 62nd Avenue South; and WHEREAS, in partial consideration for this easement the City has granted an easement over certain property adjacent to and southerly. from Parcel B; now, therefore, H.M.H Logging, nominee for an undisclosed principal, as Grantor, hereby grants, warrants and conveys to the City of Tukwila, a municipal corporation, an easement for pedestrian sidewalk pur- poses over the following described real property, located in the City of Tukwila, King County, Washington: A strip of land fifteen (15) feet in width lying south- erly and) westerly of the following described line: Beginning at the northeast corner of Tract 12, Interurban Addition to Seattle, according to plat thereof recorded in Volume 10 of Plats, page 55, records of King County, Washington, thence south 1 °21'40" west 60.00 feet along the east line of said Tract 12 to the true point of beginning), thence south 88 0 24'47" east 154.24 feet along the southerly margin of the 62nd Avenue South Connection as delineated on that certain Washington State Highway Commission right -of -way drawing SR5 (PSH No. 1), South 178th St. to South 126th St., sheet 6 of 21 sheets, bearing date of approval January 30, 1962 and conveyed to the State of Washington by deed recorded under Auditor's File No. 5534286,' thence south 1 1 21'40" west 204.70 feet along the westerly margin of said 62nd Avenue South Connection to the point of intersection with the northerly margin of SR405 as delineated on said sheet 6 of 21, and the terminus of this line, subject, however, to the following terms, conditions and res��- tions x cv.� >u v m�Qxdrsl�� (1) Permitted Uses: This easement is granted solely for the purpose of constructing a pedestrian sidewalk of not more than six (6) feet in width together with necessary and inci- dental improvements and appurtenances therefor. (2) Construction: The grantor shall assume no cost or obligation to construct, alter, or maintain the sidewalk or related improvements, and the same may be designed, constructed and main- tained by the City at its sole cost and expense; provided, however, nothing contained herein shall obligate the City to construct any improvements within the easement, and provided further, grantor shall not be relieved of any obligation to contribute indirectly to the cost of any improvements installed within the easement by the City through or as a result of assessments through a local improvement district (LID) or Utility Local Improvement District (ULID) or through general tax assessments. Y (3) Reserved Uses: Grantor reserves the right to use the easement area for curb cuts, access driveways, utilities, land- scaping and any other lawful uses so long as the grantor does not cause damage to or obstructions on -the sidewalk improvements. Grantor covenants and agrees to promptly repair and restore any damage it causes to the sidewalk and related improvements and to promptly clear any obstructions it causes therefrom, and upon default by grantor, the City may repair and restore the damage and remove any obstructions and backcharge grantor therefor, including reasonable costs of collection; provided, however, except as so provided grantor assumes no responsibility for the city's use of the easement nor for the design, construction or maintenance of the city's sidewalk and related improvements. (4) Duration: The duration of this easement shall be perpet- CT% ual unless duly vacated by �ction of the City. (5)' Damage By City: In the event that entry by the City shall damage landscaping or other improvements lawfully maintained N within the easement, the City shall fully and promptly restore, repair or replace the same without cost to grantor or reimburse grantor for (a) the reasonable cost of effecting restoration, repair or replacement or (b) the diminution in value to grantor's property if restoration, repair, or replacement is not reasonably feasible or practicable. DATED this day of February, 1979. EASEMENT ACCEPTED: CITY OF TUKWILA B aaztrz Ear D Bauch, Mayor By 24a Anderson, Clerk H.M.H. LOGGING, An Oregon General Partnership J. L. Stirling Hoel, Partner Bye Robert Hanel, Gene al Partner William Hanel, General Partner STATE OF OREGON SS COUNTY OF I-V -L r-t-"J� On this day personally appeared before me L. STERLING HANEL, ROBERT HANEL and WILLIAM HANEL, as general partners of H.M.H. Logging, to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed 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 day of February, 1979. Notary Public in and for the State 'of Oregon, residing at /2�, 2 Afte co�''dif4g" MbLil" 'T6 On D. BRUCE MORGAN, P.S. P. 0. \Box 88261 Seattle, Washington 98188 STATUTORY WARRANTY DEED THE GRANTORS, H.M.H. LOGGING, an Oregon General Partnership composed of L. Sterling Hanel, Robert Hanel and William Hanel, general partners, as nominee for an undisclosed principal, and ERVIN W. STEINLE and PHYLLIS JO STEINLE, husband and wife; D. BRUCE MORGAN and BARBARA JEAN MORGAN, husband and wife; and GARY W. SCOTT and SUSAN J. SCOTT, husband and wife; for and in considera- tion of one dollar and other good and valuable consideration, in 00 hand paid, convey and warrant to the CITY OF TUKWILA, a municipal o` corporation, for roadway and utility purposes only the following Co described real estate, situated in the County of King, State of Washington: C A strip of land five (5) feet in width more fully CY% described as follows: Beginning at the northeast corner of Tract 12, Interurban Addition to Seattle, according to plat thereof recorded in Volume 10 of Plats, page 55, records of King County, Washington, thence south 1 °21'40" west 60.00 feet along the east line of said Tract 12, thence north 88 0 24 1 47" west 5.00 feet; thence north 1 0 21 1 40" east 60.00 feet to the north line of said Tract 12, thence south 88 0 24'47" east 5.00 feet to the true point of beginning. DATED this S gA A /'C' uin W. Stein'.e Phy`ll s Jo� Steinle D. Bruce Morgan .Barbara Jean Morgan Gary W. Scott Susan J.- day of February, 1979. H.M.H. LOGGING, an Oregon General Pa rtnership L. Sterling Han )61 General Partne� Robert Hanel General Partner� William Hanel General Partner Kin? Cu. STATE OF OREGON rr nnnn SS t COUNTY OF 2 7 00 t N C3� On this day personally appeared before me L. STERLING HANEL, ROBERT HANEL and WILLIAM HANEL, to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed 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/ �day of January, 1979. of STATE OF WASHINGTON SS COUNTY OF K I N G r Notary Public iii and for the State Oregon, residing at ?it Z4 C,0 1— (1 —g 1 On this day personally appeared before me Ervin W. Steinle, Phyllis Jo Steinle, D. Bruce Morgan, Barbara Jean Morgan, Gary W. Scott and Susan J. Scott, to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed 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 day of. :•:f. February, 1979. 1 '►i,, Notary Public residing 2 at��j�