HomeMy WebLinkAboutRes 0268 - Perpetual EasementCITY of TUKWILA
ATTEST:
CI`fY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY J
WASHINGTON 11,/
RESOLUTION NO. 268
A Resolution accepting a Perpetual
Easement from Puget Western, Inc.
WHEREAS, Puget Western, Inc., has tendered a perpetual
easement to the City of Tukwila for park purposes, and
WHEREAS, it is in the best interests of the City to
accept said easement,
NOW, THEREFORE, BE IT RESOLVED that the easement
attached hereto and incorporated herein by reference and marked
Exhibit "A" is hereby accepted by the City of Tukwila.
PASSED this 7th day of September, 1971.
MAYOR
EASEMENT FOR PUBLIC PARK
E C
I f(�I? I C�1T�;,, 1.1 T2N INC., a Washington corporation ("Grantor"
herein) conveys and quit claims to CITY OF TUKWILA, a municipal
corporation ("Grantee" herein), a perpetual easement for public
park purposes over and upon that certain real property (the "Prop-
erty" herein), situated in King County, Washington, described in
Exhibit A attached hereto and hereby made a part hereof. This
easement is :,nl)jecl, to the following conditions:
1. Purpose. Grantee shall have the right to cause the
Property to be developed and maintained for public park purposes
and upon such development shall permit members of the public to
use the Property for said purposes. Grantee's use of the Property
is strictly limited to the foregoing purposes which may not include
any commercial or industrial use whatsoever. Grantee's rights
hereunder shall be subject to existing easements and encumbrances
of record and shall also be subject to the right of Grantor or
parties claiming under Grantor to install and maintain storm
drainage facilities crossing the Property.
2. Indemnity. By accepting and recording this ease-
ment, Grantee agrees to indemnify and hold harmless Grantor from
any and all claims for damages suffered by any person which may be
caused by Grantee's exercise of the rights herein granted.
3. Termination. In the event that Grantee fails or
ceases to use the Property for the purposes hereinabove specified
and such failure or cessation of use continues for a period of
three (3) successive years, or in the event that Grantee uses or
permits the Use of the Property for other than the purposes her. e-
i.nahove specified, then, in either such event, this easement shoe] l
terminate and all rights hereunder shall revert to Grantor.
4. Successors and Assigns. The rights and obligations
of the partins shall inure to the benefit of and be binding upon
their respective successors and assigns provided, that no assign-
mnnt of Grantee's interest hereunder, by operation of law or
otherwise, shall be valid without the prior written consent of
Grantor.
DATED this td day of0p A p 1971.
STATE OF WASHINGTON
SS:
COUNTY OF K I N G
On this/ d.y of 1971, before me
personally appeared A to me known
to be the _.6.,!±,4z,L of Pu Western, Inc., the
corporation that execut the within and foregoing instrument,
and acknowledged said instrument to be the free and voluntary
act and deed of said corporation, for the uses and purposes
therein mentioned, and on oath stated that he was authorized
to execute said instrument and that the seal affixed is the
corporate seal of said corporation.
IN WITNESS WHEREOF I have hereunto set my hand and
affixed my official seal the day and year first above written.
PUGET WESTERN, INC.
Its .Pr ,(3 P
Notary Public in and forAfhe
of Washington, residing
That portion of Government Lot 4, 5, and 8, Section 25,
Township 23, Range 4E, W.M. and that portion of Government Lot
1, Section 36, Township 23, Range 4E, W.M. which is a strip of
land lying East of the East margin of the James Christiansen
Road (70th Avenue South) and West of the West bank (shore) of
the Green River bec:inning at the North line of Government Lot
4, Section 25, Township 23, Range 4E, W.M. and terminating at
the North margin of South 180th Street, Government Lot 1, Section
36, Township 23, Range 4E, W.M., all within the boundaries of
the City of Tukwila, King County, Washington.
I
1
EXHIBIT "A"
1ASEMENT FOR PUBLIC PARK
LEGAL DESCRIPTION
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