HomeMy WebLinkAboutRes 0764 - Fire Lane on Right-of-Way of Green River Shoreline Trail
CITY OF TUKWIL
WASHINGTON
RESOLUTION NO 764
A RESOLUTION OF THE CITY OF TUKWILA, WASHINGTON,
ALLOWING THE TECTON COMPANY TO CONSTRUCT A FIRE
LANE ON CITY OWNED RIGHT -OF -WAY IN A PORTION OF
THE GREEN RIVER SHORELINE TRAIL SYSTEM
WHEREAS, the City owns property for use in the Green River
Trail System and plans to construct a bicycle /pedestrian trail within
the right -of -way, and
WHEREAS, the Tecton Company owns property adjacent to the
property owned by the City and must construct a fire lane, and
WHEREAS, the construction of the fire lane to be located
in the City right -of -way will help reduce the cost to the City of
constructing the bicycle /pedestrian trail.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO RESOLVE AS FOLLOWS:
The Mayor is hereby authorized to enter into an agreement
with Tecton Company allowing Tecton to use the City owned
right -of -way for a fire lane, for Tecton to construct a
fire lane, and for Tecton to landscape and maintain a
portion of the right -of -way.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a regular meeting thereof this 6 1 2 day of 6;6_,A0/'-- 1980.
ATTEST:
C y At orney, Lawren e Hard
A G R E E M E N T
THIS AGREEMENT, made this ./5 day of S o f evi b e r
1980, between the CITY OF TUKWILA, a municipal corporation
of the State of Washington "City and RAYMOND A. FEICHTMEIR,
an individual "Developer is as follows:
1. City is the owner of the following described real
property situated in King County, State of Washington:
SEE EXHIBIT A, ATTACHED HERETO
2. In order for Developer to develop real property
owned by it adjacent to the City's property described above,
it is necessary for it to have a fire lane constructed in an
approved location, with materials and up to specifications as
required by the City of Tukwila. The City agrees to allow
Developer to construct a fire lane on the property described
above provided Developer meets all of the City's specifications
as to location, size and materials.
3. City and Developer agree that all or a portion of
the fire lane constructed by Developer will subsequently be
used by the City for the construction of a recreational trail.
4. Subject to the prior approval of the City, Developer
shall design, construct, provide and maintain the landscaping
and natural vegetation within the land owned by the City
described above in the area marked "Grantee Maintenance Area"
as shown on the drawing attached at Exhibit .B.
5. The City shall design, provide and maintain the
landscaping and natural vegetation in the area marked "Grantor
Maintenance Area" in Exhibit B. Developer shall maintain and
repair the improvements within the area owned by City when
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any improvements are damaged from emergency vehicle use or
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(L related uses arising out of the protection of Developer's
O property adjacent to said area owned by the City.
CD
Q 6. This agreement shall be a covenant running with
OD the land forever and shall be binding on Developer's heirs,
successors and assigns.
CITY OF TUKWILA DEVELOPER
13 ,44 012 4- "e/
BY ‘7,7a/ -c�yc _r r "—VG' .c/ �-C--
G,tv 2 /erk
STATE OF WASHINGTON
ss.
COUNTY OF /<i rlg
On this day personally appeared before me )ra uLk d
and in 14 n A P otel
the Mayor and the Clerk of the City of Tukwila respectively, to
me known to be the individuals described in and who executed the
within and foregoing instrument, and acknowledged that they signed
the same as their free and voluntary act and deed, for the uses
and purposes therein mentioned.
GIVEN under my hand and official s al this /-5 day of
E�`•rJ`t'ew� r 1980.
1■TOTARY,PUBLIC in an0 for the State
of Washington, residing atA,bxtrri.
STATE OF WASHINGTON ss.
COUNTY OF /'i ✓t
On this day personally appeared before me _PPt e r L 2
to me known to be the individual described in and
who executed the within and foregoing instrument, and acknowledge
that he signed the same as his free and voluntary act and deed, for
the uses and purposes therein mentioned.
GIVEN under my hand and official seal this i'_2 't1 day of
1980.
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4
L�
Raymond A. Feichtmeii'
By Peter L. Gans Attorney ,4, c .t
in fact
'NOTA PUBLIC" in and for the Stat4
of Washington, residing atu
LEGAL DESCRIPTION FOR EASEMENT
S 63 °07'11" E, 88.05 feet;
S 42 °04'00" E, 70.22 feet;
S 57 °57'21" E, 102.40 feet;
S 84 °35'20" E, 121.50 feet;
N 71 °04'07" E, 76.22 feet;
N 48 °34'59" E, 60.21 feet
S 89 °47'00" E, 110.00 feet;
THENCE N 84 °35'20" W,
THENCE N 57 °57'21" W,
THENCE N 38 °14'31" W,
THENCE N 63 °07'11" W,
THENCE S 89 °47'00" E,
THENCE N 00 °14'00" W,
THENCE N 10 °34'00" W,
N.W. Corner of Parcel
Containing 0.40 acres (17,385 S.F.), more or less.
EXHIBIT A
That portion of Parcel 1 as shown on that City of Tukwila Short Plat filed
under King County recording number 7906050098, more particularly described
as follows:
Beginning at the NW corner of said Parcel; THENCE along the northerly line
of said Parcel 1 the following courses and distances:
THENCE continuing N 48 °19'41" E, 55.00 feet along said northerly line to
the easterly line of said Parcel 1 being coincident with the westerly line
of Tract B as shown on said Short Plat; THENCE S 41 °40'19" E, 45.00 feet
along said easterly line of Parcel 1;
TEHNCE S 65 °23'07" W, 67.20 feet;
THENCE N 89 °47'00" W, 110.50 feet;
THENCE S 48 °34'59" W, 55.67 feet;
TEHNCE S 71 °04'07" W, 86.58 feet;
132.81 feet;
111.62 feet;
70.90 feet;
71.00 feet to the westerly line of
0.91 feet along said westerly line;
6.52 feet along said westerly line;
17.37 feet along said westerly to the POINT OF BEGINNING,
1.
said Parcel 1;
POWER OF ATTORNEY
Know all men by these presents: That I, RAYMOND A. FEICHTMEIR,
have made, constituted and appointed, and by these presents
do make, constitute and appoint PETER L. GANS my true and
lawful attorney for me and in my name, place, and stead, and
for my use and benefit, to ask, demand, sue for, recover,
collect and receive all such sums of money, debts, dues,
accounts, legacies, bequests, interests, dividends, annuities
and demands whatsoever as are now or shall hereafter become
due, owing, payable or belonging to me, and have use and
take all lawful ways and means in my name or otherwise for
the recovery thereof, by attachments, arrests, or otherwise
and to compromise and agree for the same, and acquittances,
or other sufficient discharges for the same, for me, and in
my name, to make, seal and deliver; to bargain, contract,
agree for, purchase, receive and take hereditaments and
accept the seizin and possession of all lands and all deeds
and other assurances, in the law therefor, and to lease,
let, demise, bargain, sell, remise, release, convey, mortgage
and hypothecate lands, tenements and hereditaments upon such
terms and conditions, and under such terms and conditions,
and under such covenants, as he shall think fit. Also, to
bargain and agree for, buy, sell, mortgate, hypothecate and
in any and every way and manner deal in and with goods,
wares, and merchandise, choses in action and other property
in possession or in action, and to make, do, and transact
all and every kind of business of what nature or kind so ever,
and also for me and in my name, and as my act and deed, to
sign, seal, endorse, execute, deliver and acknowledge such
deeds, leases and assignment of leases, covenants, indentures,
agreements, mortgages, hypothecations, bottomries, charter-
parties, bills of lading, bills, bonds, notes, receipts,
checks, assignments, evidences of debts, releases and satisfaction
of mortgage, judgments and other debts, and such other
instruments in writing of whatever kind and nature as may be
necessary or proper in the premises.
Giving and granting unto my said attorney full power
and authority to do and perform all and every act and thing
whatsoever requisite and necessary to be done in and about
the premises, as fully to all intents and purposes as I
might or could do if personally present with full power of
substitution or revocation, hereby ratifying and confirming
all that my said attorney, or his substitute or substitutes
shall lawfully do or cause to be done by virtue of these
presents.
Dated this JO day of pf/_ 19 80
STATE OF�
ss.
County of /6?
On t,�,c_C' ..,.,O CCO before me, the undersigned, a
Notary Public in and for said State, personally appeared
RAYMOND A. FEICHTMEIR, known to me to be the person whose
name is subscribed to the within instrument and acknowledged
that he executed the same.
WITNESS my hand and official seal.
Notary Public
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