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HomeMy WebLinkAbout1980 - Property Agreement - Real Property West - 80050804298005080429 PROPERTY AGREEMENT The City of Tukwila, a municipal corporation, (hereinafter "City "Z and Real Property West, Inc. (hereinafter "Owner agree as follows: '2 �n c� f 1� WHEREAS, it is the desire of both City and Owner that r City undertake through a public works contract to construct a right turn lane approximately _12 feet in width, together with adjacent curb and gutter, (hereinafter referred to collectively as "the right turn lane along the east side 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 1% EXCISE TAX NOT REQUIRE. Kin Co. Records Division r —N Deputy C 3 LA LJ The City of Tukwila, a municipal corporation, (hereinafter "City "Z and Real Property West, Inc. (hereinafter "Owner agree as follows: '2 �n c� f 1� WHEREAS, it is the desire of both City and Owner that r City undertake through a public works contract to construct a right turn lane approximately _12 feet in width, together with adjacent curb and gutter, (hereinafter referred to collectively as "the right turn lane along the east side 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 1% EXCISE TAX NOT REQUIRE. Kin Co. Records Division r —N Deputy 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 01% described in Exhibit B attached hereto and paralleling the Cu existing Southcenter Parkway (57th Avenue South) (the "Sidewalk CD Q Parcel upon which a portion of the sidewalk will be CD located if the sidewalk is to be constructed. OD 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 MPAM 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 (7. N Sidewalk Parcel. Q 4. The City's obligations under this Property Agreement are contingent upon City's obtaining within 12 months of the CD co date hereof a bid for the performance of the work contemplated 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 -3- contemplated by paragraph.3 above has been executed, City shall reconvey to Owner the easement rights granted therein. DATED this day of March, 1980. CITY OF TUKWILA 0 N "1' O O BY X Mayor B City Clerk REAL PWPERTY WEST, INC. BY N6 Title: y D. G. JUDD,. V F Secrets �'Treas arer STATE OF CALIFORNIA ss. COUNTY OF SAN FRANCISCO I 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 ad bo�V&J -j-te/ to me known to be the$r,VPow,4 vPser -7 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 thatffi w= authorized to execute the said instrument and that the seal affixed is the corporated seal of said corporation. nl o• Co�inFxn. PAa� ty e S WITNESS my hand and official seal hereto affixed the day and yeap; hiN certificate above written. �QO� ,10/ n A 4 a 4 4eltary Public in and for t S ate of California, residing at -4- Exhibit A N rt' O CD O The west 7 feet of the following real property: LO O O CO 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 38.00 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,•a 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.Q. No. 13, Contract No. 2 -68, Sht. 1 of 19, Street Plan and Profile. A� OX 2 T Aa,',or s, P ©9 Exhibit B N rJ The west 14.5 feet of the following real property: CD LC). CD 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 °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 °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 -66, 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. 77.10130634, dedicated to the City of Tukwila. EXHIBIT D EASEMENT AGREEMENT y THIS INDENTURE is made this d a y of M 1980 between Real Property West, Inc., a corporation "Grantor and the City of Tukwila, a Washington municipal corporation "Grantee In consideration of $10.00 and other good and valuable consideration in hand paid, receipt of which is hereby acknowledged, and performance by Grantee of the covenants Q^ hereinafter set forth, Grantor hereby grants to Grantee a CV nonexclusive easement over and upon the property described in Q O, Exhibit A attached hereto, situate in King County, Washington Lr) "the Property for the limited purpose of constructing and 00 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- 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 C\J without Grantor's written consent only to a municipal cor- O poration or the State of Washington. All other assignments 30 CD to shall not be valid unless written consent is first obtained O CC) from Grantor. 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 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 :iz 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 B. Grantee shall be responsible for the repair and maintenance of the sidewalk situated on the easement portion N of the Property; provided that any damage to such sidewalk CD occasioned by the construction of improvements upon the O Property shall be repaired at Grantor's sole cost and expense. co REAL PROPERTY EST ETC. By Title ACCEPTED: CITY OF TUKWILA BY Xt d`DD IMayor ATTEST: City Clerk -3- STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO SS. 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"(,/ /��„,T�/2, /��s�..e�a.idG.J�acd to me known to be the,5,r• U pa_,,ey of Real Proper' ty West, Inc., the corporation that executed the foregoing instrument, and acknowl- edged the said instrument to be the free and voluntary act and deed "RT of said corporation, for the uses and purposes therein mentioned, OTC? and on oath state that r`h authorized to execute the said O instrument and that the seal affixed is the corporated seal of 0 said corporation. co WITNESS my hand and official seal hereto affixed the day and year�q A 4�L ertificate above written. A Nc4eary Public in and' for th S t ate of California, residing 00 ntyAOtAca� Fa CFA CV O Exhibit A oc? O L) CD The west 14.5 feet of the following real property: CD 00 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" East alono the monumiented 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 tinuino South 0 °2558" 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 alono the mi numented South line of said subdivision, a distance of 626.81 feet to the East marain of said Southcenter Parkway; thence North 0 0 57'48" West along said East marain, 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. r 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. AJIMUT 10 J Xvia MUMTOOZ OUA 98180 AW elf INUT Southcenter Parkway Street widening site plan x