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Home My WebLink AboutRes 1160 - Land Donation of Easement From Nelsen Helen (Longacres Way) ��W� 1906 odo w e�i CITY OF TUKWILA WASHINGTON RESOLUTION NO. 1160 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ACCEPTING THE DONATION OF A CERTAIN EASEMENT TO THE CITY BY HELEN NELSEN, RELEASING A PREVIOUS EASEMENT, AND AUTHORIZING THE MAYOR TO ACCEPT THE EASEMENT ON BEHALF OF THE CITY WHEREAS, Helen Nelsen is the owner of certain real property known as Longacres Way within Tukwila, Washington, and WHEREAS, the City desires to construct a regional storm drainage system along said roadway, and WHEREAS, the City has an easement to construct said drainage north of the center line of Longacres Way, which was previously granted by Helen Nelsen, and T4 WHEREAS, the current design requires that the drainage be routed along the south margin of the roadway, t° NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO HEREBY RESOLVE AS FOLLOWS: ACCEPTANCE OF NEW EASEMENT. Subject to the execution of documents necessary to convey said easements to the City, the City Council hereby authorizes the Mayor to accept the donation of the easement, to the City of Tukwila by Helen Nelsen. The legal description of the easement to be donated is attached hereto as Exhibits A, B, C, and D, and incorporated herein by this reference as if fully set forth. RELEASE OF PREVIOUS EASEMENT. Subject to the execution of documents necessary to record said release of easements, the City Council hereby authorizes the Mayor to release the City's easement right in the northern portion of Longacres Way, as previously donated, and as further shown in Exhibits E, F, G, H, and I. PASSED BY THE CITY COUNCIL OF THE OF TUKWILA, WASHINGTON, at a regular meeting thereof this .F day of *z4_ 1990. J andez, Council President ATTEST /AUTIIENTICATED: n ,�#ie E. Cantu, City Clerk W APPROVED AS TO FORM: z x 1 OFFICE OF THE ITY ATTORNEY: cu ca Filed with the City Clerk: Passed by the City Council: Resolution Number /tom 0 N 4. O V1 jOB TOUMA ENGINEERS SHEET NO. OF 15668 West Valley Highway SEATTLE, WASHINGTON 98188 CALCULATED BY /f7 7 DATF (206) 2554100 CHECKED BY DATF SCALE i I L__ i r I I L.Q 7,11 I I_ 4 i Il k It t .R/!l Z Two 45 4A EA V) fj I L f'r- 75,n Im. q3 A/ 67c IV 8 7' 0 y ro 1 1 i I I Ij V t t I I 4 EXHIBIT "A" SOP TOUMA ENGINEERS SHEET NO OF 15668 West Valley Highway CALCULATED BY DATF 14— SEATTLE, WASHINGTON 98188 (206) 255-4100 CHECKED BY DATF SCALF J! I t J 14 N I T I t 4 F i 1 :3 t 14 i I I i.. --i I 57 OF- 469 .4 iod E;,6 1 —/0 IS, 4 I .................a....._ I I t 1 I I ......:..............f._............... 1 1 1, i J .4 4 .............I.............:............. I I I I i i 4 t -.4 I I EXHIBIT "B" o VaqoSg F12A0 JOP TOUNIA ENGINEERS SHEET NO OF 15668 West Valley Highway CALCULATED BY Al 7 D AT F fo SEATTLE, WASHINGTON 98188 (206) 255-4100 CHECKED BY DATF SCALE T Pig/ I L I j A_\ 'N I j...- Y) i t 'i i i kk i i Poo is i j i i t F\141 D I T roe TOUMA ENGINEERS SHEET Nn OF 15668 West Valley Highway CALCULATED BY 7- DATE SEATTLE, WASHINGTON 98188 /9::�o (206) 255-4100 CHECKED BY DATE---jd- SCALF I Ail i. a R J X��. �4- 0 t a ;O. 11 0 0 0 f 7 /k/ 7 =o 4 i 1 5 4 r7" I T II V ffr'lf A' Jol 11 W l lefz z TOUMA ENGINEERS SHEET NO OF 15668 West Valley Highway CALCULATED BY /-7 7- SEATTLE, WASHINGTON 98188 DATF (206) 255-4100 CHECKED BY DATE —16 3D 89 SCALE I r 01. .4 0 rE ,P 07o�,Al Y' 75 COAIS1 4� 71- AJOAl2 4 MAE of 1 67 ?Z'-/ 'o 60.4 EXHIBIT E: JOB F Z/ TOUMA ENGINEERS SHEET NO. OF 15668 West Valley Highway CALCULATED BY 1-77- DATF 4 9 SEATTLE, WASHINGTON 98188 (206) 255-4100 CHECKED BY DATE SCALF i. e- xv 7 128. ra C) C) N y 0 0 7---5 'EXHIBIT F JOP le=X1P( E/ TOUMA ENGINEERS SHEET NO OF 15668 West Valley Highway CALCULATED i Y 1-77- SEATTLE, WASHINGTON 98188 DATE (206) 255-4100 CHECKED BY DATE SCALF -4 *7 3 5 A1 87 V) 7VS -z' 7-5 --YI 7 EXHISMIG! JOB 41 1-i'. TOUMA ENGINEERS SHEET NO OF 15668 West Valley Highway CALCULATED BY IY7- DATF SEATTLE, WASHINGTON 98188 (206) 255-4100 CHECKED BY DATG SCA1 r '00ov,1= -ool tt I maw i to o p 0 6 -Z -c- q K p XHIBIT N' JOB TOUMA ENGINEERS SHEET NO. OF 15668 West Valley Highway CALCULATED BY 11-77- DATI SEATTLE, WASHINGTON 98188 (206) 255-4100 CHECKED BY /4�0 DATE SCALE I. le7711 4Z6 3 I �v Ir �k 72 7 ry 2 do EXHIBIT 1 E �M ecva ruXn� wIN STORM DRAIN SYSTEM EASEMENT FOR GOOD AND VALUABLE CONSIDERATION, whereof is hereby acknowledged, Grantor, HELEN NELSEN, hereby conveys and warrants to Grantee, the CITY OF TUKWILA. ,'•Washington, its successors and assigns, a perpetual, nonexclusive easement under, over, through and across the property described below as Parcels A, B and D for a storm drainage system consisting of a drain pipe and associated improvements reasonably and necessarily related to construction and maintenance of such pipe. This easement may also be used for the construction and maintenance of a sewer line and a water line if it is determined by the Grantee M that the location of this easement is preferred and practical for this additional development, whether now or later. C'> C D The easement property is described as follows and is illustrated in C the sketch as marked Exhibits A, B, C and D to this document: CJ: PARCEL A A strip of land 10 feet in width which is 5 feet on each side of the following center line: Commencing at the intersection of easterly extension of the center -line of South 158th Street (Y -Line) and the west margin of Puget Sound Power and Light company right -of -way; Thence along.said wes8 margin south 01 20 west 15.02 feet; Thence north 87 09 east 100.03 feet to the easterly margin of Puget Sound Power and Light Company right -of -way to the true point of beginning; Thence north 87 09 east 50.59 feet; Thence north 86 36'30" east 4.41 8 feet to designated point A continuing north 86 36 30" east 70:63 feet to the westerly margin of the Chicago Milwaukee St. Paul Railroad right -of -way and terminus of said center -line; Also, a EXCISE TAX NOT REQUIRED King Co. records Division 0 y, h- oe 00puly T.: a 33 Beginning at said designated point A thence north 03 23'30" west 35.04 feet and terminus of said center -line Located in the Henry Meader Donation Claim No. 46. in section 24, Township 23 North, Range 4 East, W.M., in King County, Washington. PARCEL B A strip of land 10 feet in width which is 5 feet on each side of the following center line; Commencing at the intersection of easterly extension-of the center -line of South 158th Street -Line) and the west margin of Puget Sound Power and Light Sompany right -of -way; Thence along said wes8 margin south 01 20 west 15.02 fe8t; Thence north 87 09 east 150.62 feet; Thence north 86 36'.30" east 75.04 feet to the westerly margin of the Chicago Milwaukee St. Paul Railroad right -of -way to the true point of beginning; Thence continuing north 86 36 east 100.76 feet to the easterly margin of the Chicago Milwaukee St. Paul Railroad right -of -way and terminus of said center -line. Located in the Henry Meader Donation Claim No. 46, in Section 24, Township 23 North, Range 4 East, W.M.,, in King County, Washington. O~ t.l`) PARCEL C C::D A 10 foot strip of land described as follows; .cn Commencing at the intersectin of easterly extension of the center -line of South 158th Street (Y -Line) and the west Q margin of Puget Sound Power and Light �ompany right -of -way; Thence along said wen margin south 01 20 west 15.02 fe8t; Thence north 87 09 east 150.62 feet; Thence north 86 36 east 175.04 feet to the easterly margin of the Chicago Milwaukee St. Paul Railroad right -of -way to the true point of beginning; Thence along said easterly margin south 03 39'16" west 5.04 feet; Thence north 86 36'30" east 243.76 feet; Thence north 41 36'30" east 67.54 feet; Thence south 87 51'37" east 10.53 feet to the westerly margin Burlington Northern Railroad right-8f-way; Thence along said westerly margin north 02 08 east 18.00 feet; Thence north 87 51'37" west 12.00 feet; Thence south 02 08'23" west 5.27 feet; Thence south 41 36'30" west 71.65 feet; Thence south 86 36'30" west 238.38 feet the easterly margin of the Chicago, Milwaukee St. Paul Railroad right -of -way; 3 Thence along said easterly margin south 03 39'16" west 5.04 feet to the true point of beginning; Located in the Henry Meader Donation Claim No. 46 in Section 24, Township 23 North, Range 4 East, W.M., in Ring County, Washington. PARCEL D The east is 15 feet of the following described property: That portion of Henry Meader's Donation Claim No. 46,1ying west of Northern Pacific Railway and east of the Chicago Milwaukee and St. Paul Railroad, Northern Pacific Railway right -of -way, and south of a line 137 feet south of the north line of the above Meader's Donation Claim No. 46_, and lying north of Bow Lake pipeline right -of -way; Less that portion lying south of the following described line: Beginning at the intersection of the projected South 158th Street monumented line and the west margin of the Northern Pacific Railway right -of -way; Thence northerly along the west margin of above said O� railway right -of -way a distance of 17.56 feet to the true to point of beginning; Thence south 87 08'08" west a distance of 15.06 feet and the CD terminus of said line. c� 0 Grantee shall provide hookup to Grantor's existing drain line, which is approximately midway between the Burlington Northern and Union Pacific rights -of -way, in this easement area. Grantee's work in the ditch area shall not impede Grantor's current drainage to the ditch. Also, Grantee shall permit Grantor the right to connect to the drainage ditch at various existing points, or as required, to drain Grantor's property, all subject to Grantee's permit requirements. After construction, Grantee shall restore the ground surface as nearly as possible to the condition in which it was at the commencement of the work. 35 Grantee shall have the right at all times to enter the premises described above for the purpose of inspecting, maintaining, improving, repairing, constructing, reconstructing, locating and relocating the storm-drain lines, drainage ditch and associated improvements, and, temporarily during construction, to the adjacent ten feet of Grantor's property for construction access. Construction shall occur so as to minimize impact to traffic on Longacres Way. Nothing in this Agreement shall prevent Grantor and the same or another Grantee from utilizing this same easement for construction and maintenance of water and sewer lines, if determined practical, whenever required now or in the future. "The cost of any inspection, maintenance, improvement, repair, construction, reconstruction, location and relocation of any public lines and improvements shall be borne by Grantee. Grantor named may M personally pave, or permit to be paved,. Grantor's adjoining property for parking lot and /or building use and hook up to the system for C runoff caused by such paving, with additional hook -up costs to be C:D borne by Grantor. Grantor acknowledges that Grantee does not waive any rights with respect to conditions that may be imposed for other and subsequent development. Because Grantor's property for many years has unavoidably and reluctantly accepted drainage from neighboring properties without provision of participation through L.I.D. or U.L.I.D., if and when such an L.I.D. or U.L.I.D. for drainage is developed, Grantee agrees and guarantees that Grantor shall be entitled to be credited with the fair market value of this easement at that time as an offset against amounts otherwise assessable against Grantor's property. Accepted: Grantee Grantor City of ukw i la S/ Mayor Helen Nelsen State of Washington County of Ring I certify that there appeared before me as a person that I know or have satisfactory evidence was HELEN NELSEN who signed this STORM DRAIN SYSTEM EASEMENT and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in this instrument. DATED i L le l Approved as to Form Office of the City Cn Attorney Ln Notary Pub c in and for the SQUq, .a Stat f Wa i�gto�, residing CD A .4 M s 0 S TARY My ppointment expires)?'- O owl PUBLIC '.��4j''��:c• s �o` NAf.AE AS COMMISSIONED: OmNins� MOW 37