HomeMy WebLinkAboutWWP273626 (4)DOCUMENT TITLE..,:`
UTILITIES EASEMENT
RECORDING NUMBER6F.D*OCUMENf(S)-*iP!YE'6 OR RELEASED:,:
N/A
GRANTORM:
PROVIDENCE HEALTH & SERVICES - WASHINGTON, a Wash'th''gton" nonprofit corporation
GRANTEE(,.,S):....,,,
CITY OF: RENTON a Washington municipal coeporatioA
ABBRE10ATED LEGAL DESCRIPTION:
Ptn. of Lot 4-,' City of. : :Renton Short Plat No. 431-79, Rec-'4a80.02269013, Ki;h g County, WA
ADDITIONAL LtGAL:::DESCRIPTION ON PAGE(S):
Pa&es 1-2 and.. -.Exhibit "A"
ASSESSOR'S ,TAX P:ARCELWO(S):
3340464000
UTILITIES EASEMENT
Grantor, Providence Health:k Seirvicits Washington, a Washington nonprofit corporation,
who acquired title -ProAdehce 1-161ih:Systems...- Washington ("Grantor"), for and in
consideration of mutual b6nefits,-,:djoes by these: presents, grants, bargains, sells, conveys,
and warrants unto Grantee, City` of 116nto,ri, a�' Wishington municipal corporation
::'d::,a assigns, ari - easement. (iblic utilities (including water,
("Grantee"), its successors an -�S' .: .. e .. . 1p, -* . :
wastewater, and surface water) with necessary appu.rtenAnces over; -under, through, across
and upon the following described prop6rty.fthe right;-*of-way).jn King County, Washington:
That portion of Lot 4 of City of Renton . -Short Su.6division:'No.:�431,a79,f-eco.rded
under Auditor's file No. 8002269013, rec6r.09 of.,. -King Co.jinty., Washingion,
described as follows:
W' ofthei
Beginning at the intersection of the south line of the north. esit quarter . ..
southwest quarter of Section 19, Township 23 North, Range 5,.East, W-1 I in
Page 1 of 6
.: the City of Renton, King County, Washington; with the centerline of Lind
Avenue S.W.;
Th price,'along the centerline of said Lind Avenue S.W., N 1*20'16" E a distance
:.
of-30-01 fee `id a point on the easterly prolongation of the north right-of-way
l'i . ne Of 5. . W. 19
1h Street;
Thence along., said: pirolong4ion, and along the north right-of-way line of S.W.
th
9 Street,- N 4 4 9-'0 Y' W.' 6' d istancO of. 93.91 feet to the True Point of
Begin'ri-ing;
Thence northeasterly along a t-inge'rit curve concave to the northwest having
a radius of 55.06-fiet through a.:-centra[-J`njie"af 88*50.',43--- an arc length of
85.28 feet to a point of tangency wjih:the West ri . ght-of=w.iy line of said Lind
Avenue S.W.,
Theiice perpendicular to said west right-of4vpy linO N 88039" 44" NU a distan.t':e:.',.
6feet;
OU80.0
.%Thent'6`::,perpendicular to the north right -of -way, -fine of..: sm: . 19- Street S
0'16'59. W a.: distance of 55.00 feet to a point on the. eight
north 1 7Df7wayline
of SW
19th Street;
Thence S"89 .. 049'01" to along the north right-of-way line of SW .1.9 thstreet a
distance of 25,.06feet to the True Point of Beginning.
Z
And as depi4edin Exhibit "A", attached hereto and made a part hereof by
this reference.
For the purpose of con strOcti hg,.,,:recons,t , ructing,,:in5tal ling, repairing, replacing, enlarging,
operating and maintaining utilities and utility- pipelinds,jht-14ding, but not limited to, water,
sewer and storm drainage lineis:,and: facilities, t6getherwith.tite,.right of ingress and egress
thereto without prior institution of any suit'or,,-pro.c.ee.dinRs..'.of la*-.an.d.without incurring any
... .: 7 .;." .
legal obligation or liability therefor. Following theinitial construction of pits facilities, Grantee
may from time to time construct such additi6na[facIlitiet as it may; -require.
This easement is granted subject to the following terms and cdndi.tions:..:-
Grantee shall, upon completion of any work within the property c.overed:b,y-the..6a.s:em,,"e'ni,**
restore the surface of the easement, and any private improvemohtsdistUr-be.0 or destroyed
during execution of the work that are outside the limits of the '-:facility,,,-as:, nearly as
Page 2 of 6
practicable to the condition they were in immediately before commencement of the work or
entry by:.Gfantee.
;,' Grantee`acknowIedges its responsibility to meet all regulatory requirements associated with
the propdsed,.-use-by•Grantee of a publicly owned sanitary sewer lift station.
: Grantee agrees tolestoreth.e easement area to pre -acquisition condition at such time as the
Grantee determiiies.the use of said -easement; s no longer needed by Grantee.
Grantor shall -:;retain the right td use the surface, of the easement that is outside the limits of
the facility as Tong" as s6ch ;Oise does .nat.Ahterfere with the easement rights granted to
Grantee.
Grantor shall not, however, have the right to::
a. Erect or maintain any building s'or.stru,.ctures Within the easement; or
b..; Plant: -trees, shrubs or vegetationf:.having ,:deep root patt¢rns which :May cause
damage.: to or interfere with the utilities to be plaeed within.:tihe::asiyrnent by Grantee.
c. Develop, rlandscape, or beautify the easement airea 7An any .way which would
unreasonably .increase the costs to Grantee of restoring the easement area and any private
inYprovements therein:
d. Dig,;:'tuiinel. or:perform other forms of construction activities on the property
which would disturb``the compactron.or unearth Grantee's facilities on the right-of-way, or
endanger the lateral..support� facilities.
e. Blast with (I feet"of'the right-of-way.
This easement shall run with the)and.. described herein;. and shall be binding upon the
parties, their heirs, successors%in,• nfierest and assigns: Grantor covenants that it is the lawful
owner of the above property and that it .hes a: good and lawful right to execute this
agreement.
By this conveyance, Grantor will warrant an&defen&'the., sale hereby: made"unto Grantee
against all and every person or persons, whomsoever; lawfully claiming or to claim'the same.
This conveyance shall bind the heirs, executors, administrators and as' signs:forever.:
Grantee shall hold harmless, indemnify and defend Grantor,` its officers,: employees, and
agents, from and against any and all claims, actions, suits, liability, loss, expenses; damages
Page 3 of 6
and judgments of any nature whatsoever, including costs and attorney's fees in defense
th rL iof or injury, sickness, disability or death to persons or damage to property or
b�usiness', . caused by or arising out of Grantee's negligent or intentional acts, errors or
oo issi6hs in Grantees use of this easement and placement of Grantee's facilities thereon
and ::arising Ourin-k-G-rantee's construction of its facilities; PROVIDED, HOWEVER, that
%. _. . i[i* t extend to injury, sickness, death or damage caused
Grahtee�s obligation hereunder,..8ka no
-:, .:' .:' ,* !;ith�� s6i6:�
:�:by:'or _arising' out"c . negligence of Grantor, its officers, employees or agents;
PROVIDED FORTHER;`thaf in the event of the'concurrent negligence of Grantor and Grantee,
Grantees obligations hereunder sfi0`appIy..onI"to the percentage of fault attributable to
Y
Grantee, its officers 9fficiols employees or agents; Grantee expressly and specifically agrees
that its obligati-ions"unde-r this pa6grapti extend to any claim, action, suit, liability, loss,
expense, damage andjor judgment 4rought.-by or on behalf of any of its appointed or
elected officials, empl6ygis or. :--*';ageri�t's. for Ahis,`pueoose, Graht0e, hereby expressly and
specifically waives, with respqtt to Grantor only, any it . ninunhy.i hat would otherwise be
available against such claims under the Industrial :.Ihsufanc"e pr 4isions of Title 51 RCW.
Grantee shall require its contractors, subcontractors and sup plieirs ofa:arty tier to'defend,
:--a
indemnifyand'h9ld harmless Grantor, its officers, ..an&a&nts from 4iy,nd all
'
claims, Injuries, damages, losses or suits, includ -6it or 'riey.'s fee �"'hd,coits,:�arisi.ng.put of or
in conhectio*rf::with:: the design, development and construction.: of the Grantee'-s publicly
f sewer lift station to be placed
owned sanitary within said easement; exc.i.`ptjor injuries and
darriages.iaus4d by."the sole negligence of Grantor.
IN WITNESS. WHEREOF said Grantor. has caused this instrument to be executed this
YM day of
GRANTOR:
PROVIDENCE HEALTH & SERVICES - WASHINGTON
By: :7
Name: 0-,(,t I"' J0 VV5
Its: (A-D
Page 4 of 6
Notary Seal must be within box STATE OF LfJ) SS
COUNTY OF
On this J//G1— day of M,41? A , 20_ , before me
personally appearedslaa-haef-S to
me,know:n to be the S2-U. P r eR0 _ of
: e nonprofit corporation that executed the within instrument, and
ackn6Medged-the said instrument to be the free and voluntary act
PN;a•�u�a,,,. y :and deed:of said, o,n rofit corporation, for the uses and purposes
± �,,'i�t� therg!p mentioned; anti each on oath stated that he/she was
C ; `' authorized to.execute said instrument.
'�., 9�+'+a,,,,����r•+��►d`= No ` ry Public in and forthe.:State o
FOp 9' otary:`(Print) 57, r 9
My.a.ppointmentexpires:`, b x -tl_a—
Dated::0
111111111111111111111111111111111
20130409001224
KING COUNTY, WA
EXCISE TAX NOT REQUIRED
..Refer to previous Aff.# �vIA
By` Deputy
DOCUMENT TITLE-c '
TEMPORARY CONSTRUCTION EASEMENT•.:
RECORDING NUMBER O`V0000MENT(S):ASSIGNED OR -RELEASED: °.<.
N/A
GRANTOR(S):
PROVIDENCE HEALTH & SERVICES —VI ..AS.HIN_GTON, a WaS:hit gton nonprofit corporation
GRANTEES):....
CITY OF RENTONa Washington municipal corporation
ABBREVIATED LEGAL DESCRIPTION:
Ptn. of.:tot 4 City of RN. enton Short Plat No. 431-79, Rec o'8002269U13, King County, WA
ADDITIONAL LEGAUDESCRIPTION ON PAGE(S)-
1-2 ,and Exchibii "A",'
ASSESS.OR'S TAX PARCELM(S):
3340404000
;TEMPORARY CONSTRUCTION EASEMENT
Grantor, Providence Health ;& Setvices _:Washington, a Washington nonprofit corporation,
who acquired titleas.0rovide6:ce Heath:5ysfems:.— Washington ("Grantor"), for and in
consideration of mutual benefits,.,does by these presents, grant, unto the City of Renton, a
Municipal Corporation, ("Grantee"), ;its successors and assigns, permission to use for public
purposes with necessary appurtenances over, under; through;'across and upon the following
described real estate, as depicted on Exhibit��"A", for Right -,of -Way purposes, situated in the
County of King, State of Washington:
A temporary construction easement over and actoss-the following dekribed.:a.rea:
That portion of Lot 4 of City of Renton Short`Sabdivisiom'Nq. 43 ,79, recorded under
Auditor's file No. 8002269013, records of King County;'W4shington,:tiescrlbetl as:foliow,s:
Beginning at the intersection of the south line of the northwest quartet of�the southwest .•
quarter of Section 19, Township 23 North, Range 5 East, W.M., in the City of.Renton;.King
County, Washington; with the centerline of Lind Avenue S.W.;
Page 1 of 5
Whence along the centerline of said Lind Avenue S.W., N 1°20'16" E a distance of 30.01
''feet t6 a. point on the easterly prolongation of the north right-of-way line of S.W. 19th
Street;
Thence aloe-g said.. prolongation and along the north right-of-way line of S.W. 19th Street,
N:'$9'49'01" W a distance of 93.91..feet to the.True Point of Beginning;
:Thence northeasterly a.long:a tangent curve concave to the northwest having a radius of
55:00 feel througk a central angle of•88"SO'43" an arc length of 85.28 feet to a point of
%tangencywith the west right-of-rnray lineof said::Lind Avenue S.W.;
Thence N '01*20'16" E.:along thewest right= f-way of Lind Ave SW a distance of 15.00
feet, -
Thence perpendicular to said west.4ight-of>way line N 88"39'4:4" W a distance of 180.00
feet;
Thence perpendicular to tKi..north;:right-of-wa.y''1!6e of S.W; 19th Street S 0°10'59" W a
distance of 70.00 feet to a point on the*north:right-of-way line'of SW 19th Street;
Thence.:S-.89°49'01" E along the north right-6f way line` of:SW, 9th Street a distance of
125.00`feet ta:the True Point of Beginning: ,.
All sAuatg:.in the Southwest Quarter of Section 19 Township 23 North; Rangy 5 East,
W.M., in:'Kir.-g County, Washington.
Grantee shall: hold harmless, indemnify and defend Grantor, its :officers, employees and
agents :frgm an, against ar►y..and all claims, actions, suits, liability, loss„;expenses, damages
arid, judgments' of any-rtature whatsoever, including costs and attorney's7;'fees in defense
thereof,Jor-'inji ry, :sickness; disability or death to persons or damage to property or
business, caused by or arising out of Grantee's negligent or intentional acts, errors or
omissions in Grantee's use of this easement -.and placement of Grantee's facilities thereon
and arising during:. Grantee's .:construction of its facilities; PROVIDED, HOWEVER, that
Grantee's obligation hereunder.shall not extend to injury, sickness, death or damage caused
by or arising out of the sole negligente of G6nt6ir, .its. officers, employees or agents;
PROVIDED FURTHER, that in the:.ev,eb of the concurrent negligence of Grantor and Grantee,
Grantee's obligations hereunder shaI[ apply ,only to the percentage of fault attributable to
Grantee, its officers, officials, employees or agents; Grantee expressly and specifically agrees
that its obligations under this paragraph 'g-ktend to arry claim -,Ktion suit, liability, loss,
expense, damage and/or judgment brought by or on behalf: of;any. of: its"`ap.pointed or
elected officials, employees or agents. For this purpose; Grantee, :hereby expressly and
specifically waives, with respect to Grantor only, any iii munity that,,. would ;otherwise..be
available against such claims under the Industrial Insurance provisions of TNe:.51 RCW.
Grantee shall require its contractors, subcontractors and suppliers of any tiOr to defend,
indemnify and hold harmless Grantor, its officers, employees and agents.:from.; any: and::.-aII
Page 2 of 5
claims,. injuries, damages, losses or suits, including attorney's fees and costs, arising out of or
in,:.tohnection with the design, development and construction of the Grantee's publicly
owned sanitary sewer lift station to be placed within said easement, except for injuries and
�,damages�caused by the sole negligence of Grantor.
'This permit shall become effective Upon execution by the Grantor from date hereof, and
shall terminate onJu6L- 1,20q 4.
IN WITNESS. W:4REOF said Grant' hps 'caused this instrument to be executed this
.Z/^day of
GRANTOR:
PROVIDENCE HEALTH & SERVICES—,:WASHINGTON
By:
Name: Jom ►ct Joire j
Its: LS v}° (A-D
Notary: Sea l,must be witFiin box ''..STATE OFWI)thll7gl CY7 )SS
:COUNTYOF A/e?9_ }
On.xhis2r�__2 day of 417A iT . 20� before me
personally appeared .% �c�neS to
SIILL� F'ri,' . me known tp be:-. a �52, U.P ++ C/4-of
OP�,�aH�ti�tnati(�1'.. !, the`non" ofit ar oration that executed the within instrument, and
. Pr..:cp ..
' �s: acknowledged the.-said:.;instrument to be the free and voluntary act
o
i and deed of.said:honprofit:6r.poration, for the uses and purposes
..
t►• therein::tneritioned, ar�d e,ach�bn oath stated that he/she was
�►9'+03.0.1 '� prized to execute said instrument :.
OF
W
+++��"�"►�"""`������` otaryPublic`in'and. for.:the State of . dt%9i�G fa�7
Notary (Print}fin .S
My appointment expir6s :: `
Dated:
After recording return document to:
City Clerk
City of Renton
1055 S. Grady Way
Renton, WA 98057
DOCUMENT TITLE:
UTILITIES EASEMENT
RECORDING NUMBER OF DOCUMENT(S) ASSIGNED OR RELEASED:
N/A
GRANTOR(S):
PROVIDENCE HEALTH & SERVICES — WASHINGTON, a Washington nonprofit corporation
GRANTEE(S):
CITY OF RENTON, a Washington municipal corporation
ABBREVIATED LEGAL DESCRIPTION:
Ptn. of Lot 4, City of Renton Short Plat No. 431-79, Rec. No. 8002269013, King County, WA
ADDITIONAL LEGAL DESCRIPTION ON PAGE(S):
Pages 1-2 and Exhibit A
ASSESSOR'S TAX PARCEL NO(S):
3340404000
UTILITIES EASEMENT
Grantor, Providence Health & Services — Washington, a Washington nonprofit corporation,
who acquired title as Providence Health Systems — Washington ("Grantor'), for and in
consideration of mutual benefits, does by these presents, grants, bargains, sells, conveys,
and warrants unto Grantee, City of Renton, a Washington municipal corporation
("Grantee"), its successors and assigns, an easement for public utilities (including water,
wastewater, and surface water) with necessary appurtenances over, under, through, across
and upon the following described property (the right-of-way) in King County, Washington:
That portion of Lot 4 of City of Renton Short Subdivision No. 431-79, recorded
under Auditor's file No. 8002269013, records of King County, Washington,
described as follows:
Beginning at the intersection of the south line of the northwest quarter of the
southwest quarter of Section 19, Township 23 North, Range 5 East, W.M., in
Page 1 of 4
the City of Renton, King County, Washington; with the centerline of Lind
Avenue S.W.;
Thence along the centerline of said Lind Avenue S.W., N 1°20'16" E a distance
of 30.01 feet to a point on the easterly prolongation of the north right-of-way
line of S.W. 19th Street;
Thence along said prolongation and along the north right-of-way line of S.W.
19th Street, N 89°49'01" W a distance of 93.91 feet to the True Point of
Beginning;
Thence northeasterly along a tangent curve concave to the northwest having
a radius of 55.00 feet through a central angle of 88°50'43" an arc length of
85.28 feet to a point of tangency with the west right-of-way line of said Lind
Avenue S.W.;
Thence perpendicular to said west right-of-way line N 88°39'44" W a distance
of 80.00 feet;
Thence perpendicular to the north right-of-way line of S.W. 19th Street S
0°10'59" W a distance of 55.00 feet to a point on the north right-of=way line
of SW 19th Street;
Thence S 89°49'01" E along the north right-of-way line of SW 19th Street a
distance of 25.00 feet to the True Point of Beginning.
And as depicted in Exhibit A, attached hereto and made a part hereof by this
reference.
For the purpose of constructing, reconstructing, installing, repairing, replacing, enlarging,
operating and maintaining utilities and utility pipelines, including, but not limited to, water,
sewer and storm drainage lines and facilities, together with the right of ingress and egress
thereto without prior institution of any suit or proceedings of law and without incurring any
legal obligation or liability therefor. Following the initial construction of its facilities, Grantee
may from time to time construct such additional facilities as it may require.
This easement is granted subject to the following terms and conditions:
Grantee shall, upon completion of any work within the property covered by the easement,
restore the surface of the easement, and any private improvements disturbed or destroyed
during execution of the work that are outside the limits of the facility, as nearly as
Page 2 of 4
practicable to the condition they were in immediately before commencement of the work or
entry by Grantee.
Grantee acknowledges its responsibility to meet all regulatory requirements associated with
the proposed use by Grantee of a publicly owned sanitary sewer lift station.
Grantee agrees to restore the easement area to pre -acquisition condition at such time as the
Grantee determines the use of said easement is no longer needed by Grantee.
Grantor shall retain the right to use the surface of the easement that is outside the limits of
the facility as long as such use does not interfere with the easement rights granted to
Grantee.
Grantor shall not, however, have the right to:
a. Erect or maintain any buildings or structures within the easement; or
b. Plant trees, shrubs or vegetation having deep root patterns which may cause
damage to or interfere with the utilities to be placed within the easement by Grantee.
c. Develop, landscape, or beautify the easement area in any way which would
unreasonably increase the costs to Grantee of restoring the easement area and any private
improvements therein.
d. Dig, tunnel or perform other forms of construction activities on the property
which would disturb the compaction or unearth Grantee's facilities on the right-of-way, or
endanger the lateral support facilities.
e. Blast within fifteen (15) feet of the right-of-way.
This easement shall run with the land described herein, and shall be binding upon the
parties, their heirs, successors in interest and assigns. Grantor covenants that it is the lawful
owner of the above property and that it has a good and lawful right to execute this
agreement.
By this conveyance, Grantor will warrant and defend the sale hereby made unto Grantee
against all and every person or persons, whomsoever, lawfully claiming or to claim the same.
This conveyance shall bind the heirs, executors, administrators and assigns forever.
Page 3 of 4
IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this
day of , 20
GRANTOR:
PROVIDENCE HEALTH & SERVICES — WASHINGTON
By:
Name:
Its:
Notary Seal must be within box STATE OF ) SS
COUNTY OF )
On this day of 20 , before me
personally appeared to
me known to be the of
the nonprofit corporation that executed the within instrument, and
acknowledged the said instrument to be the free and voluntary act
and deed of said nonprofit corporation, for the uses and purposes
therein mentioned, and each on oath stated that he/she was
authorized to execute said instrument.
Notary Public in and for the State of
Notary (Print)
My appointment expires:
Dated:
APPROVED as to form only:
Mark Barber
Senior Assistant City Attorney
Accepted by the City of Renton:
By:
Gregg Zimmerman
Public Works Administrator
Date:
Page 4 of 4
After recording return document to:
City Clerk
City of Renton
1055 S. Grady Way
Renton, WA 98057
DOCUMENT TITLE:
TEMPORARY CONSTRUCTION EASEMENT
RECORDING NUMBER OF DOCUMENT(S) ASSIGNED OR RELEASED:
N/A
GRANTOR(S):
PROVIDENCE HEALTH & SERVICES — WASHINGTON, a Washington nonprofit corporation
GRANTEE(S):
CITY OF RENTON, a Washington municipal corporation
ABBREVIATED LEGAL DESCRIPTION:
Ptn. of Lot 4, City of Renton Short Plat No. 431-79, Rec. No. 8002269013, King County, WA
ADDITIONAL LEGAL DESCRIPTION ON PAGE(S):
1-2 and Exhibit "A"
ASSESSOR'S TAX PARCEL NO(S):
3340404000
TEMPORARY CONSTRUCTION EASEMENT
Grantor, Providence Health & Services — Washington, a Washington nonprofit corporation,
who acquired title as Providence Health Systems — Washington ("Grantor"), for and in
consideration of mutual benefits, does by these presents, grant, unto the City of Renton, a
Municipal Corporation, ("Grantee"), its successors and assigns, permission to use for public
purposes with necessary appurtenances over, under, through, across and upon the following
described real estate, as depicted on Exhibit "A", for Right -of -Way purposes, situated in the
County of King, State of Washington:
A temporary construction easement over and across the following described area:
That portion of Lot 4 of City of Renton Short Subdivision No. 431-79, recorded under
Auditor's file No. 8002269013, records of King County, Washington, described as follows:
Beginning at the intersection of the south line of the northwest quarter of the southwest
quarter of Section 19, Township 23 North, Range 5 East, W.M., in the City of Renton, King
County, Washington; with the centerline of Lind Avenue S.W.;
Page 1 of 5
Thence along the centerline of said Lind Avenue S.W., N 1'20'16" E a distance of 30.01
feet to a point on the easterly prolongation of the north right-of-way line of S.W. 19th
Street;
Thence along said prolongation and along the north right-of-way line of S.W. 19th Street,
N 89`49'01" W a distance of 93.91 feet to the True Point of Beginning;
Thence northeasterly along a tangent curve concave to the northwest having a radius of
55.00 feet through a central angle of 88°50'43" an arc length of 85.28 feet to a point of
tangency with the west right-of-way line of said Lind Avenue S.W.;
Thence N 01`20'16" E along the west right-of-way of Lind Ave SW a distance of 15.00
feet;
Thence perpendicular to said west right-of-way line N 88039'44" W a distance of 180.00
feet;
Thence perpendicular to the north right-of-way line of S.W. 19th Street S 0010'59" W a
distance of 70.00 feet to a point on the north right-of-way line of SW 19th Street;
Thence S 89'49'01" E along the north right-of-way line of SW 19th Street a distance of
125.00 feet to the True Point of Beginning.
All situate in the Southwest Quarter of Section 19, Township 23 North, Range 5 East,
W.M., in King County, Washington.
Grantee shall hold harmless, indemnify and defend Grantor, its officers, employees and
agents, from and against any and all claims, actions, suits, liability, loss, expenses, damages
and judgments of any nature whatsoever, including costs and attorney's fees in defense
thereof, for injury, sickness, disability or death to persons or damage to property or
business, caused by or arising out of Grantee's negligent or intentional acts, errors or
omissions in Grantee's use of this easement and placement of Grantee's facilities thereon
and arising during Grantee's construction of its facilities; PROVIDED, HOWEVER, that
Grantee's obligation hereunder shall not extend to injury, sickness, death or damage caused
by or arising out of the sole negligence of Grantor, its officers, employees or agents;
PROVIDED FURTHER, that in the event of the concurrent negligence of Grantor and Grantee,
Grantee's obligations hereunder shall apply only to the percentage of fault attributable to
Grantee, its officers, officials, employees or agents; Grantee expressly and specifically agrees
that its obligations under this paragraph extend to any claim, action, suit, liability, loss,
expense, damage and/or judgment brought by or on behalf of any of its appointed or
elected officials, employees or agents. For this purpose, Grantee, hereby expressly and
specifically waives, with respect to Grantor only, any immunity that would otherwise be
available against such claims under the Industrial Insurance provisions of Title 51 RCW.
Grantee shall require its contractors, subcontractors and suppliers of any tier to defend,
indemnify and hold harmless Grantor, its officers, employees and agents from any and all
Page 2 of 5
claims, injuries, damages, losses or suits, including attorney's fees and costs, arising out of or
in connection with the design, development and construction of the Grantee's publicly
owned sanitary sewer lift station to be placed within said easement, except for injuries and
damages caused by the sole negligence of Grantor.
This permit shall become effective upon execution by the Grantor from date hereof, and
shall terminate on June 1, 2014.
IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this
1 day of 20 /3
GRANTOR:
PROVIDENCE HEALTH & SERVICES — WASHINGTON
By: �UAti, aU�l.W
U
Name: Jav 1 t--- Joox
Its: U'e ; CAD
Notary Seal must be within box
�� N SILL�AI'
STATE OF SS
COUNTY OF
On this !Z�� day of 2013, before me
personally appeared -,10-77e_5 to
me known to be the <S2. U. iP 1( CA-y of
the nonprofit corporation that executed the within instrument, and
acknowledged the said instrument to be the free and voluntary act
and deed of said nonprofit corporation, for the uses and purposes
therein mentioned, and each on oath stated that he/she was
orized to execute said instrument.
{dotary Public in and for the State of Gr%h�rr�ia>7
Notary (Print) 07;m
My appointment expires: &23 — 0.,7 —/
Dated: 93 _ v 4-1
Page 3 of 5
APPROVED as to form only:
Mark Barber
Senior Assistant City Attorney
Accepted by the City of Renton:
By: AAM 9,4-�Mf
Gregg Zimr0rvz
Public Works Administrator
Date: !
Page 4 of 5
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SW 19th ST
TEMPORARY CONSTRUCTION EASEMENT
EXHIBIT "A"
Page 5 of 5
After recording return document to:
City Clerk
City of Renton
1055 S. Grady Way
Renton, WA 98057
DOCUMENT TITLE:
UTILITIES EASEMENT
RECORDING NUMBER OF DOCUMENT(S) ASSIGNED OR RELEASED:
N/A
GRANTOR(S):
PROVIDENCE HEALTH & SERVICES — WASHINGTON, a Washington nonprofit corporation
GRANTEE(S):
CITY OF RENTON, a Washington municipal corporation
ABBREVIATED LEGAL DESCRIPTION:
Ptn. of Lot 4, City of Renton Short Plat No. 431-79, Rec. No. 8002269013, King County, WA
ADDITIONAL LEGAL DESCRIPTION ON PAGE(S):
Pages 1-2 and Exhibit "A"
ASSESSOR'S TAX PARCEL NO(S):
3340404000
UTILITIES EASEMENT
Grantor, Providence Health & Services — Washington, a Washington nonprofit corporation,
who acquired title as Providence Health Systems — Washington ("Grantor"), for and in
consideration of mutual benefits, does by these presents, grants, bargains, sells, conveys,
and warrants unto Grantee, City of Renton, a Washington municipal corporation
("Grantee"), its successors and assigns, an easement for public utilities (including water,
wastewater, and surface water) with necessary appurtenances over, under, through, across
and upon the following described property (the right-of-way) in King County, Washington:
That portion of Lot 4 of City of Renton Short Subdivision No. 431-79, recorded
under Auditor's file No. 8002269013, records of King County, Washington,
described as follows:
Beginning at the intersection of the south line of the northwest quarter of the
southwest quarter of Section 19, Township 23 North, Range 5 East, W.M., in
Page 1 of 6
the City of Renton, King County, Washington; with the centerline of Lind
Avenue S.W.;
Thence along the centerline of said Lind Avenue S.W., N 1°20'16" E a distance
of 30.01 feet to a point on the easterly prolongation of the north right-of-way
line of S.W. 19th Street;
Thence along said prolongation and along the north right-of-way line of S.W.
19th Street, N 89°49'01" W a distance of 93.91 feet to the True Point of
Beginning;
Thence northeasterly along a tangent curve concave to the northwest having
a radius of 55.00 feet through a central angle of 88'50'43" an arc length of
85.28 feet to a point of tangency with the west right-of-way line of said Lind
Avenue S.W.;
Thence perpendicular to said west right-of-way line N 88°39'44" W a distance
of 80.00 feet;
Thence perpendicular to the north right-of-way line of S.W. 19th Street S
0'10'59" W a distance of 55.00 feet to a point on the north right-of-way line
of SW 19th Street;
Thence S 89'49'01" E along the north right-of-way line of SW 19th Street a
distance of 25.00 feet to the True Point of Beginning.
And as depicted in Exhibit "A", attached hereto and made a part hereof by
this reference.
For the purpose of constructing, reconstructing, installing, repairing, replacing, enlarging,
operating and maintaining utilities and utility pipelines, including, but not limited to, water,
sewer and storm drainage lines and facilities, together with the right of ingress and egress
thereto without prior institution of any suit or proceedings of law and without incurring any
legal obligation or liability therefor. Following the initial construction of its facilities, Grantee
may from time to time construct such additional facilities as it may require.
This easement is granted subject to the following terms and conditions:
Grantee shall, upon completion of any work within the property covered by the easement,
restore the surface of the easement, and any private improvements disturbed or destroyed
during execution of the work that are outside the limits of the facility, as nearly as
Page 2 of 6
practicable to the condition they were in immediately before commencement of the work or
entry by Grantee.
Grantee acknowledges its responsibility to meet all regulatory requirements associated with
the proposed use by Grantee of a publicly owned sanitary sewer lift station.
Grantee agrees to restore the easement area to pre -acquisition condition at such time as the
Grantee determines the use of said easement is no longer needed by Grantee.
Grantor shall retain the right to use the surface of the easement that is outside the limits of
the facility as long as such use does not interfere with the easement rights granted to
Grantee.
Grantor shall not, however, have the right to:
a. Erect or maintain any buildings or structures within the easement; or
b. Plant trees, shrubs or vegetation having deep root patterns which may cause
damage to or interfere with the utilities to be placed within the easement by Grantee.
c. Develop, landscape, or beautify the easement area in any way which would
unreasonably increase the costs to Grantee of restoring the easement area and any private
improvements therein.
d. Dig, tunnel or perform other forms of construction activities on the property
which would disturb the compaction or unearth Grantee's facilities on the right-of-way, or
endanger the lateral support facilities.
e. Blast within fifteen (15) feet of the right-of-way.
This easement shall run with the land described herein, and shall be binding upon the
parties, their heirs, successors in interest and assigns. Grantor covenants that it is the lawful
owner of the above property and that it has a good and lawful right to execute this
agreement.
By this conveyance, Grantor will warrant and defend the sale hereby made unto Grantee
against all and every person or persons, whomsoever, lawfully claiming or to claim the same.
This conveyance shall bind the heirs, executors, administrators and assigns forever.
Grantee shall hold harmless, indemnify and defend Grantor, its officers, employees and
agents, from and against any and all claims, actions, suits, liability, loss, expenses, damages
Page 3 of 6
and judgments of any nature whatsoever, including costs and attorney's fees in defense
thereof, for injury, sickness, disability or death to persons or damage to property or
business, caused by or arising out of Grantee's negligent or intentional acts, errors or
omissions in Grantee's use of this easement and placement of Grantee's facilities thereon
and arising during Grantee's construction of its facilities; PROVIDED, HOWEVER, that
Grantee's obligation hereunder shall not extend to injury, sickness, death or damage caused
by or arising out of the sole negligence of Grantor, its officers, employees or agents;
PROVIDED FURTHER, that in the event of the concurrent negligence of Grantor and Grantee,
Grantee's obligations hereunder shall apply only to the percentage of fault attributable to
Grantee, its officers, officials, employees or agents; Grantee expressly and specifically agrees
that its obligations under this paragraph extend to any claim, action, suit, liability, loss,
expense, damage and/or judgment brought by or on behalf of any of its appointed or
elected officials, employees or agents. For this purpose, Grantee, hereby expressly and
specifically waives, with respect to Grantor only, any immunity that would otherwise be
available against such claims under the Industrial Insurance provisions of Title 51 RCW.
Grantee shall require its contractors, subcontractors and suppliers of any tier to defend,
indemnify and hold harmless Grantor, its officers, employees and agents from any and all
claims, injuries, damages, losses or suits, including attorney's fees and costs, arising out of or
in connection with the design, development and construction of the Grantee's publicly
owned sanitary sewer lift station to be placed within said easement, except for injuries and
damages caused by the sole negligence of Grantor.
IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this
,417V7 day of M rzc1 , 20 3
GRANTOR:
PROVIDENCE HEALTH & SERVICES — WASHINGTON
By:/L
Name: J a" I(.Q Jo VV5
Its: (A-®
Page 4 of 6
Notary Seal must be within box
APPROVED as to form only:
STATE OF ) SS
COUNTY OF /�127 )
On this 'A� day of 1; 72 4.2Cf7 20 before me
personally appeared. &a ,f 12&-S to
me known to be the Sn.. Q, p r, C RCS of
the nonprofit corporation that executed the within instrument, and
acknowledged the said instrument to be the free and voluntary act
and deed of said nonprofit corporation, for the uses and purposes
therein mentioned, and each on oath stated that he/she was
authorized to execute said instrument.
No ry Public in and for the State o-f
otary (Print)
My appointment expires: v 3 -v ;�l
Dated: v 3 _
Mark Barber
Senior Assistant City Attorney
Accepted by the City of Renton:
By: AA f"0,4
Gregg im rO
m
Public Works Administrator
Date: 3 1 j/ //-3
Page 5 of 6
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SW 19th ST _ N 89° 49' 01" W
EXHIBIT "A"
Page 6 of 6
00city of
PUBLIC WORKS DEPARTMENT D
M E M O R A N D U M
DATE: March 11, 2013
TO: Gregg Zimmerman, Administrator
FROM: Dave Christens . stewater Utility Supervisor, x7212
SUBJECT: Lind Avenue Lift Station Replacement
Permanent and Temporary Construction Easements
Attached for your signature is a permanent easement and a temporary construction
easement needed for the replacement of the existing Lind Avenue Lift Station located
on Providence property at the intersection of Lind Avenue SW and SW 19th Street. The
permanent easement covers our needs to own, operate, and maintain the lift station in
its revised location. The Temporary Construction Easement includes a staging area for
the contractor while we are under construction. The easements were prepared and
have been approved by the City Attorney's office.
Once you have signed the easements, we will send a copy to Providence as they have
requested and then send the original to King County for recording. Please let me know
if you have any questions regarding this document.
Attachments
h:\file sys\wwp - wastewater\wwp-03-0000 correspondence - wastewater\davec\2013 correspondence\find
easement memo.doc\DMCtp