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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 .I ail ti 01 2 l h. to 130 f �'I i 5 Ulill L 1 .y ._a. ..._J rt or' Lo/ i tr. I I I is 1 l_ s 1, �r I -szi Yri= G. o n/ I t l et II Go tot 4 c U) L7 i Cov't. Lot 0 f r L_