HomeMy WebLinkAboutRes 0252 - Easement for Construction of Water System ImprovementsCITY OF
WHEREAS the City of Tukwila is constructing water system
improvements subject to Contract I -70, and
WHEREAS an easement for said construction is required over
City of Seattle Property,
NOW, THEREFORE, BE IT RESOLVED
That the Mayor and City Clerk of the City of Tukwila are
authorized to execute the attached easement agreement previously
executed by the City of Seattle pursuant to Seattle Ordinance No
99124.
PASSED BY THE CITY COUNCIL this `_''da of 1970.
ATTEST:
.
CITY CLERK ✓(Ie(r:rt.
APPROVED AS TO FORM:
CITY ATTORNEY
WASHINGTON
RESOLUTION NO. 252
RESOLUTION authorizing execution of easement
agreement.
MAYOR
8707998
EASEMENT AGREEMENT
1
THIS AGREEMENT made this day by and between THE CITY OF SEATTLE, a municipal
corporation of the State of Washington, hereinafter called the "City" and the CITY OF
TUKWILA, a municipal corporation of the State of Washington, hereinafter called the
"Grantee WITNESSETH:
That for and in consideration of the mutual covenants and agreements herein-
after set forth and the payment of ONE THOUSAND AND N0 /100 Dollars (1,000.00) to the
City to be credited to the Light Fund, receipt of which is herewith acknowledged, it
is hereby agreed by and between the parties hereto as follows:
Section 1. The City hereby grants to the Grantee an easement for the in-
stallation of a 12 -inch water line under and across the following described real
property in King County, Washington, to -wit:
That portion of a strip of land 10 feet in width lying within the City of
Seattle's transmission line right of way (formerly Puget Sound Electric
om transmission line right of way) in the C. C. Lewis Donation Claim No. 37
in Sections 10 and 15, Township 23 North, Range 4 East, W.M., in King
r. County, Washington, said 10 foot strip of land being the 5 feet of land
CD on each side of and adjoining a centerline described as follows:
Beginning at a monument on the centerline of said City of Seattle trans-
mission line right of way which bears North 77 0 54'57" East 420.35 feet
from the quarter corner common to said Section 10 and 15; thence South
48 °14'44" East along said centerline 416.74 feet; thence North 41 45'16"
East 50.00 feet to the northeasterly margin of said right of way and the
true point of beginning of the centerline of said 10 foot strip of land;
thence South 41 °45'16" West 60.00 feet; thence North 48 °14'44" West
150.00 feet; thence North 41 0 45'16" East 60 feet to the northeasterly
margin of said right of way; thence North 48 °14'44" West 138.16 feet;
thence North 54 25'24" West 441.24 feet to the terminus of said
centerline;
ALSO, the westerly 5.00 feet of said City of Seattle transmission line
right of way lying easterly of and adjoining the easterly margin of
42nd Avenue South, EXCEPT that portion thereof lying southerly of the
said 10 foot strip of land;
together with that portion of a 30 -foot temporary construction easement lying within
said City of Seattle transmission line right of way, the centerline of which is the
same as the centerline hereinbefore described. Also, a 10 -foot temporary construction
easement adjoining the northeasterly margin of said transmission line right of way
between survey stations 152 +27.83 and 163 +73.10, said temporary construction ease-
ments to remain in effect during construction and until such time as the water line
has been accepted for maintenance and operation by the Grantee, or until October 1,
1971, whichever date shall occur first.
Section 2. The construction, reconstruction, operation, and maintenance
of said water line shall be at the sole cost and expense of the Grantee, and the
use and occupancy of said property by the Grantee shall in no way interfere with
the present or future use of the said property by the City for any purpose. In
the event said water line shall interfere with the City's use or occupancy of said
property the Grantee agrees to relocate said water line at the sole cost and expense
of the Grantee. Should any of the City's facilities be damaged or disturbed by
reason of the present or future construction, reconstruction, operation, and main-
tenance of said water line, the City may repair such facilities and the Grantee
shall pay the cost of such repair.
Section 3. The Grantee agrees not to assess the City (Lighting Department)
property in connection with the installation of said water line.
Section 4. The Grantee shall not at any time interfere with the City's
access to and over said property, and any surface area disturbed by the Grantee must
be restored by the Grantee to its original condition.
Section 5. In the event such water line is abandoned or removed by the
Grantee or its assigns, this easement shall terminate and revert to the City, its
successors or assigns.
Section 6. The Grantee agrees that the City shall not he liable for damages
to said water line by reason of any construction, alteration or maintenance of improve-
ments performed on said property by the City, its agents or representatives.
Section 7. The Grantee agrees to indemnify and save harmless the City from
any and all claims, actions or damages of any kind or description which may accrue to
or be suffered by any person. or persons or property by reason of the construction,
operation or maintenance of said water line or the use and occupancy of said property
by the Grantee, its agents, successors or assigns. In case of any suit or action
brought against the City by reason thereof, the Grantee, its successors or assigns
will, upon notice to it or them of the commencement thereof, defend such suit or action
at its or their sole cost and expense and will fully satisfy the final judgment rend-
ered in any such action.
OD ON
r Section 8. The agreements and covenants of the Grantee herein are part of
the consideration for the granting of this easement, and in the event of default or
O failure by the Grantee in the performance of any of the terms and conditions hereof,
O the City may at its option terminate this easement by ordinance and in such event all
rights of the Grantee hereunder shall cease. Failure to exercise this option at any
particular time shall not limit the City's future right to do so.
IN WITNESS WHEREOF, the City has caused this agreement to be executed by
its Mayor and Cit ler, pursuant to Ordinance No. 9912L and the
Grantee has exe this day of
ATTEST:
es
City Comptroller
This easement accepted subject to the foregoing covenants under authoriza-
tion of ota m 7A'te �2 Z of the City of Tukwila.
Resolution
STATE OF WASHINGTON)
ss.
COUNTY OF KING
above written.
001
and City Clerk
6707998
2
CITY OF TUKWILA
By 7\ 1
BY (Z -1 1 i
1970.
Mayor
Deputy Clerk
On this 6th of Rurrust 1970, before me personally appeared
was Tjhirn n and Co G. Erlandson to me
known to be the Mayor and r.ity romptrolT r respectively,
of the municipal corporation that executed the within and foregoing instrument, and acknowl-
edged said instrument to be the free and voluntary act and deed of said municipal corporation
for the uses and purposes therein mentioned, and on oath stated that they were authorized to
execute said instrument, and that the seal affixed is the corporate seal of said municipal
corporation.
WITNESS my hand and official seal the day and year in this certificate first
Notary PubVe in and for the State
of Washington, residing at Seattle
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