HomeMy WebLinkAboutRes 0246 - Accept Easement - Joan Voss Estate (Codiga)ATTEST:
CITY CLERK
CITY OF UKWL
APPROVED AS TO FORM:
CITY ATTORNEY
WASHINGTON
RESOLUTION N0 246
A RESOLUTION accepting an easement from
Frances North, Emma Lund, Archie James
Codiga and Jack Voss as Executor of the
Estate of Joan Voss, deceased.
RESOLVED THAT the attached easement designated
Attachment #1 between the City of Tukwila and Frances North,
Emma Lund, and Archie James Codiga, each as their separate
estate, and Jack E. Voss, as Executor of the Estate of Joan Voss,
Deceased, is hereby accepted by the City of Tukwila.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA,
this d day of 1970.
MAYOR
W I T N E S S E T H:
ATTACHMENT #1
UTILITY EASEMENTS
THIS AGREEMENT made and entered into by and between the CITY
OF TUKWILA, a Municipal Corporation of King County, State of Washington,
hereinafter termed "Grantee and FRANCES NORTH, EMMA LUND, and ARCHIE
JAMES CODIGA, each as their separate estate, and JACK E. VOSS, as Executor
of the Estate of JOAN VOSS, Deceased, hereinafter termed "Grantor
The said Grantor for valuable consideration does by these
presents grant unto the Grantee a perpetual right of way for easements
for utilities with the necessary appurtenances through, over and across
the following described property, situated in King County, Washington,
more particularly described as follows:
(A) This Utility easement is through Tax Lot 4 in Section
15, Twp. 23 North, Range 4 East, W.M., said Tax Lot
is described as follows:
Beginning North 81 °44'15" East 199.17 feet from a
hub at the end of a curve on the centerline in the
Duwamish Renton Junction Road, said hub being approxi-
mately 1200 feet North and 440 feet West of the quarter
corner between Sections 14 E 15; thence South 40 °36'
West 20' to the right -of -way of Seattle City Light;
thence North 49 °24' West along said right -of -way 326.21
feet to the true poilt of beginning; thence North
40 °36' East 702.10'; thence North 38 °30'50" 'lest
1336.36'; thence North 63 °04'20" East 665 feet to the
left bank of the Duwamish River; thence Westerly along
said River to the East line of land bought by E. Banchero;
thence South 1 °51'30" East 343' more or less; thence
South 59 °22'30" West 643.35'; thence North 82 °40'30"
West 707.69';more or less to right -of -way of Seattle
City Light; thence southeasterly along said right -of -way
2333.97' to true pant of beginning
LESS thatportion lying Southeasterly of a line
bearing North 40 °36' East from a point North 49 0 24' West
654.08' from true po:xt of beginning
LESS that portion described as follows:
Beginning at a point on the Northeasterly margin of
the Seattle City Light right -of -way, North 22 °20'26" West
from the quarter corner between Sections 14 8 15, a
distance of 1722.57'; thence North 48 °14'44" West
along said Northeasterly margin 1570.27' to the true
point of beginning; thence continuing along said margin
200.00';. thence North 28 °05'42" East 159.11'; thence
South 81 °31'14" East 284.22'; thence South 41 °46'16"
West 310.54' to the true point of beginning.
This easement consists of a 20 foot permanent strip des-
cribed as the Southwesterly 20 feet of said Tax Lot 4.
(B)' This Utility Easement is through Tax Lot 4 in Section
-10, Township 23 North, Range 4 East, W.M.
Said Tax Lot is described as:
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Beginning North 81 °44'15" East 199.17 feet from a
hubat the end of a curve on the centerline in the
Duwamish Renton Junction Road, said hub being approxi-
mately 1200 feet North and 440 feet West of the quarter
corner between Sections 14 6 15; thence South 40 °36'
[lest 20' to the Right -of -way of Seattle City Lie'rht;
thence North 49 °24' West abng said right -of -way 326.21
feet to the true point of beginning; thence North
40 °36' Eat 702.10'; thence North 38 °30'50" West 1336.36';
thence North 63 °04'20" East 665 feet to the left bank
of the Duwamish River; thence Westerly along said River
to the East line of land bought by E. Banchero; thence
South 1 °51'30" East 343' more or less; thence South
59 °22'30" West 643.35'; thence North 82 °40'30" West
707.69' more or less to tight -of -way of Seattle City
Light; thence Southeasterly along said right -of -way
2333.97 feet to true point of beginning.
LESS that portion lying Southeasterly of a line bearing
North 40 °36' East from a point North 49 °24' West
654.08 feet from true point of beginning
LESS thatportion described as follows:
Beginning at a point on the Northeasterly margin of the
Seattle City Light right -of -way, North 22 °20' 26" West
from the quarter corner between Sections 14 and 15,
a distance of 1722.57 feet; thence North 48 °14'44"
West along said Northeasterly margin 1570.27 feet to
the true point of beginning; thence continuing along
said margin 200.00 feet; thence North 28 °05'42" East
159.11 feet; thence South 81 °31'14': East 284.22 feet;
thence South 41 °46'16" West 310.54 feet to the True
point of beginning.
This easement consists of that portion of a 10 foot
permanent strip lying within the above described property,
the centerline of which is described as follows:
Beginning at a monument on the centerline of the
Seattle City Light right -of -way which bears North
77 °54'57" East 420.35 feet from the quarter corner
common to Sectione 10 and 15 -23 -4; thence South
48 °14'44" East along said centerline 416.74'; thence
N 41 °45'16" East 50.00 feet to the Northeasterly margin
of said right -of -way and the true point of beginning;
thence South 41 °45'16" West 50.00 feet; thence North
48 °14'44" West 150.00 feet; thence North 41 °45'15" East
60.00 feet to the Northeasterly margin of said right
of -way; thence North 48 °14'44" Welt 138.16 ~a t; thence
North 54 °25'24" West 441.24 feet to the terminus of
this easement centerline; thence South 12 °16'51" West
2.92 feet; thence South 48 °14'44" r-st 308.67 feet to the
point of beginning.
TOGETHER WITH that portion of a 30 foot temporary
construction easement lying within the above described
property, the centerline of which is the sank: as that
described above.
The aforesaid grant and acceptance of same is subject to the
following terms and conditions:
(1) Grantee shall pay unto Grantor the sum of Sixteen Hundred
Dollars ($1600.00) which sum includes One Hundred Dollars $100.00)
statutory attorneys' fees.
(2) The Grantee shall have the right at such times as may be
necesciry to enter upon said above described property for the purpose of
constructing, repairing, altering or reconstructing utilities or making
any connections therewith, without incurring any legal obligation or
liability therefor, provided that such constructing, repairing, altering
or reconstructing of such utilities shall be accomplished in such manner
that the fences, lawn-shrubbery, drives and walkways and land contours
existing in the right-of-way shall not be disturbed or destroyed, or in
the event that they are destroyed or disturbed, they shall be replaced
in as good a condition as they were immediately before the property was
entered upon by the Grantee.
(3) The temporary construction casement granted hereby shall
remain in force during construction and until such time as the utilitb s
and appurtenances have been accepted for maintenance and operation by
the City of Tukwila, or until November 1, 1970, whichever shall first
occur.
(L) The Grantor hereby retains the right to use the surface
of said easements, so :long as said use does not intexfare with the
installation and maintenance of the utilities, and so long as no buildings
or structures of a permanent nature are erected on said easements. In
that respect, the Grantor hereby retains the right to use of the easement
areas for road purposes in connection with the industrial development of
their property contiguous thereto; and the installation of the proposed
utility lines by the City of Tukwila shall be effected as not to preclude
construction of /Industrial type service road on the easement area
(5) Existing fencing on the property of Grantor within the
easement areas shall be properly maintained by the City during theperiod
of construction so as not to interfere with present grazing use of the
Grantor's land; and said fencing shall be restored by the Grantee at
the Donclusion of construction work.
(0 Should it be necessary that lift stations be installed in
connection with operation of a sewer line in relation to the !;cantor's
property, such shall be done at no cost (or additional assessments) to
the Grantors, their successors, heirs or assigns.
(7) The upgrading of the existing six inch water line that
connects with the Seattle Pipe Line shall be accomplished at no cost
(or additional assessments) to the Grantors, their successors, heirs or
assigns.
(8) The easements granted hereby shall be a covenant running
with the land and shall be binding on the successors, heirs and assigns
of both parties.hereto.
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(9) The Grantee shall and does hereby indemnify and save
harmless the Grantors, their successors, heirs and assigns from any
liability arising either from the construction contemplated herein or
future construction, repairs, alterat ons, reconstruction or maintenance.
Dated this JP 7 day of 1970.
STATE OF WASHINGTON
ss
COUNTY OF KING
STATE OF WASHINGTON
ss
COUNTY OF SPOKANE
Mayor
F r a n c e s North
I, the undersigned, a Notary P tb1ic in and for the State of
Washington, hereby certify that on the day of April, 1070, personally
appeared before me FRANCES NORTH, EMMA 1�I7, and ARCHIE JAMES CODIGA, to
me known to be three of the individua s described in and who executed the
foregoing instrument, and acknowledg d that t1^ {.Zy j: Dad the same their
free and voluntary act and deed for the use nd Du, ores thdreiri mentioned.
4X 4 k y
4rotary',_, Pu l c in and/Y;ot(the State
jof Washington, residii g a't Renton
Emma Lund
A'chie James Cod'ga
Jack E. Voss, Executor of the
Estate of Joan Voss, Deceased
I, the undersigned, a Nary Public in and for th'. State of
Washington, hereby certify that on the '7 day of ,.4 2A7:1, n;_rsonally
appeared before me JACK E. VOSS, to me known to be the Executor o: the
Estate of JOAN VOSS, deceased, who :.:c>c:ut1 the fo sego =ng in s truno.ot, ano
acknowledged that he signed and sealed the came as hi: f''ae rind :?.`..?.un•eary
act and deed, in his capacity as such E ::::cu tcr, t et, s and ,ores
therein mentioned; and that he was autir rizcd/to do so 0h411f j ,d
Estate. �f' j
Notary ;�ubi�c in and for the'. Stayde
APPROVED AND ACCEPTED TITS /of Washington, residing at Spokane
day of April, 1970.
CITY OF TUKWILA
By