HomeMy WebLinkAbout1980 - Easement - Parkway and Strander Associates - 80050804368005080436
This Indenture is made this 8 day of 9, 1980, between
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EASEMENT ,:,;I�a!r� r
PARKWAY AND STRANDER ASSOCIATES, a partnership (herein
"Grantor and the CITY OF TUKWILA, a municipal corporation
(herein "Grantee In consideration of Ten Dollars ($10) and
other good and valuable consideration in hand paid, receipt of
which is hereby acnowledged, and performance by Grantee of the
covenants hereinafter set forth, Grantor hereby grants to Grantee
a nonexclusive easement over and upon the following described
property, situate in King County, Washington (the "Easement
Property for the purpose of constructing and maintaining a
sidewalk measuring five (5) feet in width and following the path
diagrammed on Plan Sheet 1 of 4 of Contract 80 -1, Street Widening
Project, Southcenter Parkway, a copy of which plan sheet is
attached hereto:
That portion of the southeast quarter of the
northwest quarter of Section 26, Township 23
North, Range 4 East, W.M., situated in King
County, Washington, described as follows:
Beginning at the monumented intersection of
the centerlines of Southcenter Parkway (57th
Avenue S.) and Strander Boulevard (S. 164th
Street); thence south 89 0 45 1 58" east, along
the monumented centerline of said Strander
Boulevard, a distance of 325.05 feet; thence
south 0 0 25 1 58" east, parallel with the monu-
mented east line of said subdivision, a
distance of 380.74 feet; thence north
89 °45 west, parallel with said centerline
of Strander Boulevard, a distance of 274.01
feet and the true point of beginning of the
herein described tract; thence continuing
north 89 0 45 1 58" west a distance of 5 feet;
1% EXCISE TAX NOT REQUIRED
King Co. Records Division
BY Deputy
This grant is made upon the following terms and conditions:
1. Grantee shall construct a sidewalk upon the above
described property according to the terms and conditions of a
Property Agreement executed on even date hereof by the parties
hereto, a copy of which Property Agreement is attached.
2. Grantor shall fully use and enjoy the above described
property, except as to the rights granted herein; and the Grantee
hereby agrees to defend, indemnify and hold and save the Grantor
harmless from any and all liability arising from Grantee's
construction, maintenance or repair of the Easement Property or
as a result of Grantee's failure to maintain and repair the
Easement Property as required hereunder. Grantee's indemnity
hereunder shall also apply with respect to all acts or omissions
of Grantee arising out of the License Agreement to be granted by
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thence north 0 °57 west, parallel with
monumented centerline of Southcenter Parkway
a distance of 319.72 feet to a point of
curve; thence northerly and easterly along
the arc of a curve to the right, said curve
having a radius of 30 feet through a central
angle of 91 °11'50", a distance of 47.75 feet
to the south margin of said Strander Boule-
vard; thence south 89 0 45 1 58" east, along said
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south margin, a distance of 5 feet to a point
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of curve; thence southerly and westerly along
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the arc of a curve to the left, said curve
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having a radius of 30 feet through a central
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of 91 °11'50" more or less, a distance
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of 47.75 feet more or less to a point bearing
North 0 0 57 1 48" west from the true point of
beginning; thence south 0 0 57 1 48" east, paral-
lel with said centerline of Southcenter Park-
way, a distance of 299.72 feet; thence south
89 0 45 1 58" east, a distance of 10 feet; thence
south 00 0 57 1 48" east, a distance of 20 feet;
thence north 89 °45 west, a distance of 10
feet to the true point of beginning.
This grant is made upon the following terms and conditions:
1. Grantee shall construct a sidewalk upon the above
described property according to the terms and conditions of a
Property Agreement executed on even date hereof by the parties
hereto, a copy of which Property Agreement is attached.
2. Grantor shall fully use and enjoy the above described
property, except as to the rights granted herein; and the Grantee
hereby agrees to defend, indemnify and hold and save the Grantor
harmless from any and all liability arising from Grantee's
construction, maintenance or repair of the Easement Property or
as a result of Grantee's failure to maintain and repair the
Easement Property as required hereunder. Grantee's indemnity
hereunder shall also apply with respect to all acts or omissions
of Grantee arising out of the License Agreement to be granted by
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Grantor to Grantee for purposes of constructing the sidewalk
herein referred to.
3. Should the property covered by the easement subsequent-
ly be improved, such that the sidewalk constructed thereon by
Grantee pursuant to this easement requires repair or replacement,
the party responsible for causing the improvement shall at its
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sole cost and expense perform such repair or replacement.
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OD 4. Except to the extent that improvements made by Grantor
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provided in the preceding paragraph, Grantee, as between Grantor
and Grantee, shall be responsible at all times prior to the date,
if any, that this easement shall terminate by a written agreement
of the parties, for maintaining the sidewalk in a good and safe
condition.
5. This easement shall be assignable by Grantee without
Grantor's written consent only to a municipal corporation or the
State of Washington. All other assignments shall not be valid
unles written consent is first obtained by Grantor.
6. The easement granted hereunder shall be nonexclusive;
provided, however, that Grantor shall not grant any other ease-
ment with respect to the Easement Property for a purpose incon-
sistent with the use by Grantee under the terms of this Easement.
7. The rights an obligations of the parties shall inure to
the benefit and be binding upon their respective successors and
assigns.
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8. The rights hereby granted shall cease whenever Grantee
shall have permanently abandoned the use of the sidewalk accommo-
dated by this easement.
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PARKWAY AND STRANDER ASSOCIATES
B
I t Ems3 K- WEAWEr
M A %.9C CiF L 7AMEZ
ACCEPTED:
CITY OF TUKWILA
By
is Mayor
ATTEST:
City Clerk
STATE OF WASHINGTON
ss
COUNTY OF KING
On this 18 kday of and 1980, before me, the
undersigned, a Notary Public i for the State of Wash I ngt g
duly commissioned and sworn, per onally appeared
to be known to be the �,�np per
of Parkwa3' and Strander
Associates, the corporation that executed the foregoing instru-
ment, and acknowledged the said instrument to be the free and
voluntary act ad deed of said corporation, for the uses and
purposes therein mentioned, and on oath stated that he was autho-
rized to execute said instrument and that the seal affixed is the
corporate seal of said corporation.
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WITNESS my hand and official seal hereto affixed the day and
year in this certificate above written.
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Notary Public in and fo—the,
of Washington, residue ilt
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