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HomeMy WebLinkAbout1986 - Agreement to Dedicate Easement - Smith Graydon / Smith Marlys - 8603240747 RA/07/24 RErD F 7% 00 CfSHS�. 4:4:7,00 AGREEMENT TO DEDICATE EASEMENT MAR 21 12 It i HEREAS, Ordinance No. 1362 of the City of Tukwila, passed by Rri,U theGi,ty Council on September 16, 1985, vacated certain property KING generally described as South 152nd Street, lying east of 58th Avenue South, and more particularly described in said Ordinance, subject to the fulfillment of two conditions, the second of which was execution by the affected property owners of a written agreement to dedicate a 15 foot utility easement to the easterly edge of lots 2 and 4 described in said Ordinance at such time as I- the specific location of the easement was specified by the Tukwila b C C Public Works Department, and M WHEREAS, Graydon E. Smith and Marlys M. Smith, husband and O wife, hereinafter referred to as the Owners are the Owners of 00 the affected real property referred to in Ordinance No. 1362 and the proponents of the street vacation granted by said Ordinance, now, therefore, IN CONSIDERATION of the City of Tukwila's vacation of that certain property generally described as South 152nd Street, lying east of 58th Avenue South, and more particularly described in Ordinance No. 1362 of the City, the Owners hereby covenant and agree as follows: 1) Agreement to Dedicate. Owners hereby agree to dedicate to the City of Tukwila an easement 15 feet in width from the westerly to the easterly edge of lots 2 and 4 legally described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth, at such time and in such location as may be specified by the Tukwila Public Works Department. Said easement shall be for the purpose of constructing, reconstructing, replacing, repairing and operating utilities, including, but not limited to, sewer, water, drainage, gas, communication and electrical service lines, together with the right of ingress and egress thereto for the purposes of enjoying the easement. 2) Binding Effect. This Agreement shall be filed and recorded with the King County Auditor and shall be a covenant running with the land described on Exhibit A attached hereto and AGREEMENT TO DEDICATE EASEMENT Page 2 incorporated herein by this reference as if set forth in full, and shall be binding upon the Owners, their successors in interest and assigns. 3) Payment of Costs and Recording Fees. The Owners agree to pay all costs of recording this Agreement. 4) Enforcement. In addition to any other remedy provided by law, the City may, at its discretion, maintain a lawsuit to compel specific performance of the terms and conditions of this Agreement or to otherwise enforce its provisions, through injunctive or other relief, and if the City prevails in such action, it shall be entitled to recover all costs of enforcement, including reasonable attorneys fees. r O DATED this 29th day of February 1986. 0 OWN. C2</bC OD 'Graydon E. Smith Marlys M: Smith ACCEPTED .,WILA: B, i MAY GARY I. VAN 'BastN ATTEST /AUTHENTICATEDD: By We7. �cy(-4-- CITY CLERK, MAXINE ANDERSON APPROVED AS TO FORM: OFF E OF THE CITY AT'IRNEY STATE OF WAS NGTON) ss COUNTY OF KING I certify that I know or have satisfactory evidence that Graydon L. Smith and Marlys M. Smith, husband and wife, signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. Dated February 27, 1986 Signature of Notary Public Title Notary Public My Appointment Expires 9/23/88 LOT 2 TRACT 37, BROOKVALE GARDEN TRACTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 10 OF PLATS, PAGE 47, IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 393 FEET THEREOF; ALSO, THAT PORTION OF SECTION 23, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF TRACT 37; THENCE EAST TO THE WEST LINE OF INTERURBAN ADDITION TO SEATTLE, ACCORDING TO THE PLAT RECORDED IN VOLUME 10 OF PLATS, PAGE 55, IN KING COUNTY, WASHINGTON; THENCE NORTHERLY ALONG SAID WEST LINE TO THE EASTERLY PROJECTION OF THE NORTH LINE OF TRACT 37; THENCE WEST TO THE NORTHEAST CORNER OF SAID TRACT 37; THENCE SOUTH ALONG THE EAST LINE OF SAID TRACT 37 TO THE POINT OF BEGINNING: TOGETHER WITH THAT PORTION OF VACATED SOUTH 152ND STREET WHICH, UPON VACATION, ATTACHED TO SAID PREMISES BY OPERATION OF LAW; EXCEPT THAT PORTION THEREOF DEEDED TO THE CITY OF TUKWILA UNDER AUDITOR'S FILE NO. 7512100369. SUBJECT TO EASEMENTS RECORDED UNDER AUDITOR'S FILE NO. 7402040162 AND 7512150829, AND SUBJECT TO UNRECORDED EASEMENTS AS DEFINED IN DRAWING OF "BUILDINGS AND UTILITIES" DATED SEPTEMBER 23, 1976 (SEE EXHIBIT A). �d LOT 4 r TRACT 38, BROOKVALE GARDEN TRACTS, ACCORDING TO THE PLAT RECORDED IN N VOLUME 10 OF PLATS, PAGE 47, IN KING COUNTY, WASHINGTON; EXCEPT THE WEST PI 403.55 FEET THEREOF; CD .JO ALSO, THAT PORTION OF SECTION 23, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF TRACT 38; THENCE EAST TO THE WEST LINE OF INTERURBAN ADDITION TO SEATTLE, ACCORDING TO THE PLAT RECORDED IN VOLUME 10 OF PLATS, PAGE 55, IN KING COUNTY, WASHINGTON; THENCE NORTHERLY ALONG SAID WEST LINE TO THE EASTERLY PROJECTION OF THE NORTH LINE OF TRACT 38; THENCE WEST TO THE NORTHEAST CORNER OF SAID TRACT 38; THENCE SOUTH ALONG THE EAST LINE OF SAID TRACT 38 TO THE POINT OF BEGINNING: TOGETHER WITH THAT PORTION OF VACATED SOUTH 152ND STREET WHICH, UPON VACATION, ATTACHED TO SAID PREMISES BY OPERATION OF LAW; EXCEPT THAT PORTION THEREOF DEEDED TO THE CITY OF TUKWILA UNDER AUDITOR'S FILE NO 7512100369.