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HomeMy WebLinkAbout1980 - Property Agreement - Parkway and Strander Associates - 80050804378005080437 1 EXCISE TAX NOT REQUIRED Kin Co. Records Division PROPERTY AGREEMENT„ Deputy The CITY OF TUKWILA, a municipal corporation (hereinafter "City and PARKWAY AND STRANDER ASSOCIATES (hereinafter "Owner" )agree as follows: WHEREAS, it is the desire of both City and Owner that City undertake through a public works contract to construct in the City of Tukwila a right turn lane of approximately twelve (12) feet width and curb and gutter (hereinafter referred to collec- tively as "the right turn lane along the east side of South center Parkway (57th Avenue South), south of Strander Boulevard (South 164th Street), for a distance of approximately 1,322.89 feet, a portion of which right turn lane will border on property owned by Owner; and WHEREAS, it is the desire of both City and Owner that City also undertake to construct through a public works contract a sidewalk paralleling the right turn line, and bordering it imme- diately to the east thereof, which sidewalk will be located on private property, including partially upon property owned by Owner; and WHEREAS, City and Owner will each substantially benefit from the construction of the right turn lane and the sidewalk; and WHEREAS, Owner is the owner of certain real property cur- rently bordering the existing Southcenter Parkway (57th Avenue South), upon which a portion of the right turn lane will have to R be located if it is to be constructed, which property is de- scribed in Paragraph 3 of this Property Agreement below, and which description is by this reference incorporated fully herein; and WHEREAS, Owner is the owner of certain real property paral- leling the existing Southcenter Parkway (57th Avenue South), upon which a portion of the sidewalk will have to be located if the Q sidewalk is to be ocnstructed, which property is described in Q Paragraph 4 of this Property Agreement, below, which description n CD CD is by this reference incorporated fully herein; NOW, THEREFORE, City and Owner do agree as follows: 1. City will, at City's expense, through a public works contract, within six (6) months (except for delays caused by acts of god, strikes, walkouts or other similar occurrences), construct a right turn lane of approximately twelve (12) feet width, and curb and gutters, along the east side of Southcenter Parkway, south of Strander Boulevard, for a distance of approx- imately 1,322.89 feet, in the City of Tukwila. In addition, City will at City's expense construct through a public works contract a sidewalk bordering the right turn lane and immediately to the east thereof, which sidewalk will be located on private property. 2. Owner will be solely responsible for providing any ac- cess curb cuts necessary for access from Southcenter Parkway, as improved, to Owner's property. 3. Owner will, contemporaneous with the City's mailing notice of its acceptance of a bid pursuant to 5, deed to the City by Statutory Warranty Deed in the form of the attached Exhibit A the following- described property, located in the City of .Tukwila: 2 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: 4. Owner will, contemporaneous with the City's mailing notice of its acceptance of a bid pursuant to 5, grant to the City a nonexclusive easement in the form of the agreement at- tached hereto to construct a sidewalk upon the following- described property, located in the City of Tukwila: That portion of the southeast quarter of the northwest quarter of Section 26, Township 23 North, Range 4 East, W.M., sitauted in King County, Washington, described as follows: 3 Beginning at the monumented intersection of the centerlines of Southcenter Parkway (57th �%P Avenue S.) and Strander Boulevard (S. 164th M Street); thence south 89 0 45 1 58" east, along the monumented centerline of said Strander Boulevard, distance 325.05 feet; a of thence 0 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 CO 89 0 45 1 58" west, parallel with said centerline of Strander Boulevard, a distance of 279.01 feet and the true point of beginning of the herein described tract; thence continuing north 89 0 45 1 58" west a distance of 6.50 feet; thence north 0 0 57 1 48" west, parallel with monumented centerline of Southcenter Parkway a distance of 299.72 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 50 feet through a central angle of 91 °11'50", a distance of 79.58 feet to the south margin of said Strander Boule- vard; then southerly and westerly along the arc of a curve to the left, said curve having a radius of 30 feet through a central angle of 91 °11'50" more or less, a distance of 47.75 feet; thence south 0 0 57 1 48" east, parallel with said centerline of Southcenter Parkway, a distance of 319.72 feet to the true point of beginning. 4. Owner will, contemporaneous with the City's mailing notice of its acceptance of a bid pursuant to 5, grant to the City a nonexclusive easement in the form of the agreement at- tached hereto to construct a sidewalk upon the following- described property, located in the City of Tukwila: That portion of the southeast quarter of the northwest quarter of Section 26, Township 23 North, Range 4 East, W.M., sitauted in King County, Washington, described as follows: 3 5. The City's obligations under this Property Agreement are contingent upon City's obtaining, within four (4) months, a bid for the performance of the work contemplated herein, which the City has accepted. In the event the City within said four month period has not given Owner written notice that the City has accepted a bid, this Agreement shall, at the option of either party, be null and void. City agrees to solicit bids for such work within a reasonable time and in accordance with the standard 0 Beginning at the monumented intersection of the centerlines of Southcenter Parkway (57th Avenue S.) and Strander Boulevard (S. 164th Street); thence south 89 1 45 1 58" east, along the monumented centerline of said Strander Boulevard, a distance of 325.05 feet; thence south 0 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 O herein described tract; thence continuing 0 north 89 0 45 1 58" west a distance of 5 feet; thence north 0 0 57 1 48" west, parallel with monumented centerline of Southcenter Parkway CO 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 south margin, a distance of 5 feet to a point of curve; thence southerly and westerly along the arc of a curve to the left, said curve having a radius of 30 feet through a central angle of 91 °11'50" more or less, a distance of 47.75 feet; thence south 0 0 57 1 48" east, parallel with said centerline of Southcenter Parkway, 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 0 45 1 58" west, a distance of 10 feet to the true point of beginning. 5. The City's obligations under this Property Agreement are contingent upon City's obtaining, within four (4) months, a bid for the performance of the work contemplated herein, which the City has accepted. In the event the City within said four month period has not given Owner written notice that the City has accepted a bid, this Agreement shall, at the option of either party, be null and void. City agrees to solicit bids for such work within a reasonable time and in accordance with the standard 0 procedures followed by the City in letting public works contracts to bid. 6. In the event City is released from its obligations under this Agreement for any reason, Owner shall likewise be released from its obligations. Specifically, if Owner has exe- cuted the Statutory Warranty Deed contemplated by Paragraph 3 C) above, City agrees to reconvey the property covered thereby to co 0 Owner by Statutory Warranty Deed, and if the easement contem- 0 plated by Paragraph 4 above has been executed, City agrees to reconvey to Owner the easement rights granted therein. DATED this 29 day of 1980. CITY OF TUKWILA By K I s Mayor BY Its City Clerk PARKWAY AND STRANDER ASSOCIATES i t STF F Y-- 11-0E*4-Fjr —M STATE OF WASHINGTON ss COUNTY OF KING On this /8 day of f 1980, before me, the undersigned, a Notary Public in Oand for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the i of Parkway and Strander Associates, the corporatio that executed K 5 the foregoing instrument, 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 authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. O LO CD C) CO WITNESS my hand and official seal hereto affixed•"the day and., year in this certificate above written. Notary Public in and for th Sta&'46' Y of Washington, residing y TGT6B