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Home My WebLink About1980 - Sidewalks, Curbs and Wheelchair Ramps Easement Agreement - Southcenter Motor Hotel - 80050804358005080435 AGREEMENT AND EASEMENT FOR SIDEWALKS, CURBS AND WHEELCHAIR RAMPS IAY L Tt THIS AGREEMENT is made this day of 44-& 1980 between SOUTHCENTER MOTOR HOTEL, LTD., a Limited Partnership (Grantor herein) and the CITY OF TUKWILA, a municipal corpora- tion (Grah.tee herein) In consideration of $10.00, and other good and valuable consideration in hand paid, receipt of which is hereby acknow- ledged, and the performance by Grantee of the covenants, terms and conditions hereinafter set forth, Grantor hereby conveys and grants to Grantee the following easements: A. A non exclusive temporary easement for purposes necessarily and reasonably related to the construction of curbs, sidewalks and wheelchair ramps measuring five (5) feet in width, and following the path diagrammed on Plan Sheet 1 of 4 of Pro- ject No. 1 -80, Street Widening :project, Southcenter Parkway, a copy of which plan sheet is attached hereto, over and upon the following described property situate in King County, Wash- ington: 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 °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 monu- mented east line of said subdivision, a dis- tance of 380.74 feet; thence north 89 °45'58" west, parallel with said centerline of Strander Boulevard, a distance of 2`64.01 feet to the true point of beginning of the herein des- cribed tract; thence continuing north 89 °45'58" west a distance of 15.00feet; thence south -1- 0 east, parallel with moniamented centerline of Sou.thcenter Pa.rk..wav a di- s-- tance of 449.37 feet; thence south. 89 4V58" east, parallel with said. centerline of Strander Boulevard., a distance of 15.00 feet feet; thence north 0 °57'48" west, parallel with said centerline'of Southcenter Park- way, a distance of 449.37 feet to the true point of beginning. �h B. A non exclusive perpetual easement across, along w and upon that portion of the above- described property where c said curbs, sidewalks and wheelchair ramps are actually con C 3 structed, which easement shall be specifically described and delineated with as -built drawings and survey which drawings and. survey shall be done and prepared by Grantee at its cost and expense, copies of which shall be promptly provided to grantor.. 1. Costs of Contruction. Grantee shall bear and promptly pay all costs and expenses of construction of said curbs, sidewalks and wheelchair ramps. 2. Specifications. Grantee shall construct or cause to be constructed the curbs, sidewalks and wheelchair ramps in accordance with the plan and specification for the project as set forth in Grantee's Project No. 1 -80 dated February 4, 1980, and said construction shall be done promptly and in a careful and workmanlike manner, free of claims and liens. 3. Coordination of :Activities. Grantee shall coordi- nate the dates of its construction and other activities on Grantor's property so that Grantor and its servants, agents and invitees shall at all times have ingress and egress by .foot and vehicular traffic to Grantee's motor hotel facility; and. Grantee shall exercise its rights under this Agreement so as to mini- mize, and avoid. if reasonably possible, interference with Gran- tor's use of its property for motor hotel purposes. Grantee -2- shall at all times conduct its activities on Grantor's pro- perty so as not to unreasonably interfere with, obstruct or endanger Grantor's operations or facilities.. The construction by Grantee shall not in any way be a deterrance or obstacle to the granting of a Certificate of Occupancy by Grantee for Grantor's facilities, and said construction shall in no way be a cause or reason for failure to issue said Certificate. 4. Repairs and Restoration to Grantor's Facilities. Grantee shall at its cost promptly reconstruct and restore in a careful and workmanlike manner to Grantor's satisfaction, free of claims and liens, any aprons or driveways at the two (2) points of access to Grantor's property on Southcenter Parkway that may have been installed by Grantor and disturbed or des- troyed by Grantee during its construction, use and maintenance of the curbs, sidewalks and wheelchair ramps. 5. Maintenance and Repair. Grantee shall bear and promptly pay all costs and expenses of repair and maintenance of the curbs, sidewalks and wheelchair ramps, and. shall at all times keep the same in.good repair except Grantor shall pay all costs and expenses of repair or replacement that may be caused by Grantor's conduct or activities after construction by Grantee. 6. Third -Party Rights. Grantor reserves all rights with respect to its property, including,, without limitation, the right to grant easements, licenses and permits to others sub- ject to the rights granted in this Agreement. -7. Assignment. Grantee shall not assign its rights hereunder without the prior written consent of Grantor, except that Grantee may assign its rights to a municipal corporation or the State of Washington. The rights, privileges and obliga- 3- tions of both parties shall inure to the benefit and be binding upon their respective successors and assigns, subject to the preceding sentence of this paragraph. 8. Breach or Default by Grantee. The grant of the non- exclusive perpetual easement by the Grantor shall not derogate against grantor's rights at law or equity to remedy a breach or default by Grantee of any of Grantee's duties, convenants and obligations hereunder, and the failure of Grantor to exer- cise any of said rights at any time shall not waive Grantor's rights with respect to any future or subsequent breach or de- fault by Grantee. 9. Termination For Cessation of Use. In the event Grantee ceases to use the curbs, sidewalks and wheelchair ramps, or shall have abandoned the same, this Agreement and all of Grantee's rights hereunder shall terminate and revert to Grantor. EXECUTED as of the date hereinabove set forth. SOUTHCENTER MOTOR HOTEL, LTD. By Parkway Motels, Inc. a Ge tner Its President ACCEPTED: CITY OF TUKWILA By Mayor ATTEST: r1j<_ lerk -4- STATE OF WASHINGTON ss. COUNTY OF K I N G On this day of Maw 1980, before me, the under- signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared FRED N. HOOVER to me known to be the President of PARKWAY MOTELS, INC., a general partner of Southcenter Motor Hotel, Ltd., a limited partnership, that executed the foregoing instrument, and ac- knowledged the said instrument to be the free and voluntary act and deed of said partnership, for the uses and purposes therein mentioned, and on oath states that he was authorized to execute the said instrument and that the seal affixed, if tj any, is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. Notary Public in and for the State of Washington, r_e in Seattle r -5- Southcenter Parkway Street Widening Map