HomeMy WebLinkAbout1980 - Easement Agreement - Real Property West - 80050804308005080430
EASEMENT AGREEMENT
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THIS INDENTURE is made this day of
1980 between Real Property West, Inc., a corporation "Grantor
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and the City of Tukwila, a Washington municipal corporation
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co "Grantee In consideration of $10.00 and other good and
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valuable consideration in hand paid, receipt of which is hereby
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co acknowledged, and performance by Grantee of the covenants
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hereinafter set forth, Grantor hereby grants to Grantee a
CP nonexclusive easement over and upon the property described in
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7_ Exhibit A attached hereto, situate in King County, Washington
"the Property for the limited purpose of constructing and
a sidewalk measuring five feet in width and following the
path diagrammed on Plan Sheet 1 of 4 of Contract 1 -80 dated
February 4, 1980, Street Widening Project, Southcenter Parkway,
a copy of which is attached as Exhibit B hereto.
The foregoing grant is made upon the following terms
and conditions:
1. Grantee shall construct a sidewalk upon the Property
pursuant to the terms and conditions of a Property Agreement
executed on this date by the parties hereto. A copy of the
Property Agreement is attached hereto as Exhibit C.
2. Grantor shall fully use and enjoy the Property,
except as to the rights granted herein; and the Grantee hereby
1 EXCISE TAX NOT REQUIRED
M g Co. Records Division
BY Deputy
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me
agrees to hold and save the Grantor harmless from any and
all liability or damage, on -site costs or expenses directly
resulting or arising from Grantee's use of the easement
herein granted.
3. This easement shall be assignable by Grantee
0 without Grantor's written consent only to a municipal cor-
poration or the State of Washington. All other assignments
shall not be valid unless written consent is first obtained
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4. The rights and obligations of the parties shall
inure to the benefit and be binding upon their respective
successors and assigns.
5. It is the intent of the parties to this Easement
that the rights herein granted shall extend only to the con-
struction of the sidewalk described in the Property Agreement;
no right of use following such construction is herein granted.
Immediately following the completion of such construction, the
easement herein granted shall be extinguished and the parties
shall jointly execute and acknowledge an instrument terminat-
ing this Easement Agreement. Concurrent with the execution of
such termination instrument, the parties hereto shall enter
into a revised Easement Agreement with the following terms
and conditions:
A. Grantor shall grant to Grantee a perpetual nonexclusive
easement for pedestrian transit over that portion of the Property
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upon which the sidewalk is then situated. The description
of such easement shall be based upon a revised survey prepared
by Grantee following completion of construction of the side-
walk and showing the location of the sidewalk "as built"
O B. Grantee shall be responsible for the repair and
maintenance of the sidewalk situated on the easement portion
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Property shall be repaired at Grantor's sole cost and expense.
REAL PR4 ERTY T INC.
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BYo'O`
Title U t c�r
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ACCEPTED:
CITY OF TUKWILA
By k qAAJ- d lD
'Mayor
ATTEST:
City ,Clerk
me
STATE OF CALIFORNIA
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COUNTY OF SAN FRANCISCO
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On this 7 day of March, 1980, before me, the under-
signed, a Notary Public in and for the State of California, duly
commissioned and sworn personally appeared
to me known to be the,5y U vP Sti T4,,s. of Real Property West, Inc.
the corporation that executed the foregoing instrument, and acknowl-
edged 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 state that t Y�eLr e xcits authorized to execute the said
instrument and that the seal affixed is the corporated seal of
said corporation.
WITNESS my hand and official seal hereto affixed the day
and year �lp above written.
c d ry �Cr t uarw
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Nc4t'ary Public in and for the Sate
of California, residing
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0 Exhibit A
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6? The west 14.5 feet of the following real property:
Parcels III and IV of Boundary Line Adjustment No. BLA -3 -79 recorded under Recording
No. 7904180861, being a revision of Short Plat No. 77 -51 recorded under Recording No.
7710130634, Records of King County, being a short plat of that portion of the Southeast
1/4 of the Northwest 1/4 of Section 26, Township 23 North, Range 4 East, W.M., in King
County, Washington, described as follows:
Beginning at the monumented intersection of the centerlines of Southcenter Parkway (57th
Avenue South) and Strander Boulevard, (South 164th Street) thence South 89 °45'58 "-East
along the monumented centerline of said Strander Boulevard, a distance of 325.05 feet;
thence South 0 °2558" East parallel with the monumented East line of said subdivision,
a distance of 30".00 feet to an intersection with the South margin of said Strander
Boulevard, and the true point of beginning of the herein described tract; thence con-
tinuing South 0 °25'58" East, distance of 200.00 feet; thence South 89 °45'58" East
parallel with said centerline of Strander Boulevard, a distance of 350.00 feet to the
monumented East line of said subdivision; thence South 0 °25'58" East along said East
line, a distance of 1093.20 feet to the monumented Southeast corner of said subdivision;
thence North 89 °43'19" West along the monumented South line of said subdivision, a
distance of 626.81 feet to the East margin of said Southcenter Parkway; thence North
0 0 57'48" West along said East margin, a distance of 1241.85 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 50.00 feet through a central angle of 91 °11'50 a distance of 79.58 feet
to the South margin of said Strander Boulevard; thence South 89 45'58" East along said
South margin, a distance of 237.72 feet to the true point of beginning;
The aforementioned monumentation established by the City of Tukwila under L.I.D. No. 13,
Contract No. 2 -68, Sht. 1 of 19, Street Plan and Profile.
Except the West 7 feet of Parcels III IV of Boundary Line Adjustment No. BLA-
3-79, recorded under Recording No. 7904180861, being a revision of Short Plat
No. 77 -51 recorded under Recording No. 7710130634, dedicated to the City of
Tukwila.
EXHIBIT C
PROPERTY AGREEMENT
The City of Tukwila, a municipal corporation (.hereinafter
"City "I and Real Property West, Inc. (hereinafter "Owner
agree as follows:
WHEREAS, it is the desire of both City and Owner that
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M City undertake through a public works contract to construct
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of Southcenter Parkway (57th Avenue South), south of Strander
Boulevard (South 164th Street), for a distance of approximately
1,322.89 feet;
WHEREAS, it is the desire of both City and Owner that
City also undertake to construct through a public works
contract a sidewalk paralleling that right turn lane, and
bordering it immediately to the east thereof, which sidewalk
will be located on private property, including partially
upon property owned by Owner;
WHEREAS, City and Owner will each substantially benefit
from the construction of the right turn lane and the sidewalk;
WHEREAS, Owner has dedicated to the City certain real
property described on Exhibit A attached hereto and currently
bordering the existing Southcenter Parkway (57th Avenue
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South) (the "Roadway Parcel upon which a portion of the
right turn lane will be located if it is to be constructed;
and
WHEREAS, Owner is the owner of certain real property
C")' described in Exhibit B attached hereto and paralleling the
10 existing Southcenter Parkway (57th Avenue South) (the "Sidewalk
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Parcel upon which a portion of the sidewalk will be
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c located if the sidewalk is to be constructed.
NOW, THEREFORE, City and Owner do agree as follows:
1. City will, at City's expense, through a public
works contract, within 12 months of the date hereof, construct
a right turn lane approximately 12 feet in width together
with adjacent curb and gutter, along the east side of Southcenter
Parkway, south of Strander Boulevard and partially upon the
Roadway Parcel for a distance of approximately 1,322.89
feet. In addition, City will at City's expense, through a
public works contract, construct within 12 months of the
date hereof a concrete sidewalk 5 feet in width bordering
such right turn lane and immediately to the east thereof,
which sidewalk will be located on the Sidewalk Parcel. The
right turn lane and the sidewalk to be so constructed shall
be constructed in accordance with the plan sheet set forth
as Exhibit C attached hereto and incorporated by this reference.
2. Owner will be solely responsible for the cost and
expense of providing any access curb cuts necessary for
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access from Southcenter Parkway as improved, to Owner's
property.
3. Owner shall, at the time of signing this Property
Agreement, execute and acknowledge the Easement Agreement
attached hereto as Exhibit D granting to the City a limited
nonexclusive easement to construct the sidewalk upon the
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ci Sidewalk Parcel.
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00 4. The City's obligations under this Property Agreement
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herein acceptable to the City; provided that such acceptance
shall not be unreasonably withheld. City agrees to solicit
bids for such work within a reasonable time and in accordance
with the standard procedures followed by the City in letting
public works contracts to bid.
5. In the event City is released from its obligations
with respect to the construction of the right turn _lane or
sidewalk under this Agreement pursuant to the foregoing
paragraph or in the event the City abandons the public works
projects herein contemplated, (A) Owner shall be released
from its obligations hereunder, (B) City shall reconvey
the Roadway Parcel to Owner by Statutory Warranty
Deed, and (C) if the easement over the Sidewalk Parcel
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contemplated by paragraph 3 above has been executed, City
shall reconvey to Owner the easement rights granted therein.
DATED this day of March, 1980.
Q CITY OF TUKWILA
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City Clerk
REAL PROPERTY WEST, INC.
By fib, Jd
Title:
D. G. JUCD r.__
STATE OF CALIFORNIA
SS.
COUNTY OF SAN FRANCISCO
On this 7 day of March 1980, before me, the under-
signed, a Notary Public in and for the State of California, duly
commissioned and sworn personally appeared L(J /�S a.,� Lb.+e�6 ✓��t�
to me known to be the$r.VPavd VPSn- 74eas. of Real Property West, Inc.,
the corporation that executed the foregoing instrument, and acknowl-
edged 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 state thatlhe,,ar w= authorized to execute the said
instrument and that the seal affixed is the corporated seal of
said corporation.
WITNESS my hand and official seal hereto affixed the day
and yeah: certificate above written.
Mary Public in and for tha, S ate
�.Ya of California, residing
Oj •niv r• Sen
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Exhibit A
The west 7 feet of the following real property:
Parcels III and IV of Boundary Line Adjustment No. BLA -3 -79 recorded under Recording
No. 7904180861, being a revision of Short Plat No. 77 -51 recorded under Recording No.
7710130634, Records of King County, being a short plat of that portion of the Southeast
1/4 of the Northwest 1/4 of Section 26, Township 23 North, Range 4 East, W.M., in King
County, Washington, described as follows:.
Beginning at the monumented intersection of the centerlines of Southcenter Parkway (57th
Avenue South) and Strander Boulevard, (South 164th Street); thence South 89'45'58"-East
along the monumented centerline of said Strander Boulevard, a distance of 325.05 feet;
thence South 0 °25'58" East parallel with the monumented East line of said subdivision,
a distance of 30'.00 feet to an intersection with the South margin of said Strander
Boulevard, and the true point of beginning of the herein described tract; thence con-
tinuing South 0 °25'58" East, distance of 200.00 feet; thence South 89 °4558" East
parallel with.said centerline of Strander Boulevard, a distance of 350.00 feet to the
monumented East line of said subdivision; thence South 0 °25'58" East along said East
line, a distance of 1093.20 feet to the monumented Southeast corner of said subdivision;
thence North 89 °43'19" west along the monumented South line of said subdivision, a
distance of 626.81 feet to the East margin of said Southcenter Parkway; thence North
0 0 57'48" West along said East margin, a distance of 1241.85 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 50.00 feet through a central angle of 91 °11'50 a distance of 79.58 feet
to the South margin of said Strander Boulevard; thence South 89 45'58" East along said
South margin, a distance of 237.72 feet to the true point of beginning;
The aforementioned monumientation established by the City of Tukwila under L.I.D. No. 13,
Contract No. 2 -68, Sht. 1 of 19, Street Plan and Profile.
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�f Exhibit B
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The west 14.5 feet of the following real property:
Parcels III and IV of Boundary Line Adjustment No. BLA -3 -79 recorded under Recording
No. 7904180861, being a revision of Short Plat No. 77 -51 recorded under Recording No.
7710130634, Records of King County, being a short plat of that portion of the Southeast
1/4 of the Northwest 1/4 of Section 26, Township 23 North, Range 4 East, W.N,., in King
County, Washington, described as follows:.
Beginning at the monumented intersection of the centerlines of Southcenter Parkway (57th
Avenue South) and Strander Boulevard, (South 164th Street); thence South 89 45'58
along the monumented centerline of said Strander Boulevard, a distance of 325.05 feet;
thence South 0 25'58" East parallel with the monumented East line of said subdivision,
a distance of 39.00 feet to an intersection with the South margin of said Strander
Boulevard, and the true point of beginning of the herein described tract; thence con-
tinuing South 0 °25'58" East, distance of 200.00 feet; thence South 89 45'58" East
parallel with said centerline of Strander Boulevard, a distance of 350.00 feet to the
monumiented East line of said subdivision; thence South 0 °25'58" East along said East
line, a distance of 1093.20 feet to the monumented Southeast corner of said subdivision;
thence North 89 43'19" West along the monumented SouLh line of said subdivision, a
distance of 626.81 feet to the East margin of said Southcenter Parkway; thence North
0 0 57'48" West along said East margin, a distance of 1241.85 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 50.00 feet through a central angle of 91 °11'50 a distance of 79.58 feet
to the South margin of said Strander Boulevard; thence South 89 0 45'58" East along said
South margin, a distance of 237.72 feet to the true point of beginning;
The aforementioned monur established by the City of Tukwila under L.I.D. No. 13,
Contract No. 2 -68, Sht. l of 19, Street Plan and Profil -e.
Except the West 7 feet of Parcels III IV of Boundary Line Adjustment No. BLA-
3-79, recorded under Recording No. 7904180861, being a revision of Short Plat
No. 77 -51 recorded under Recording No. 7710130634, dedicated to the City of
Tukwila.
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Southcenter Parkway Street widening site plan
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