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HomeMy WebLinkAboutEAS 7904100899.PDF_3_27_2025.pdfAftcr recording, please Omar S. Parker, Jr. 1900 Washington Bldg. Seattle, WA 98101 return t EASEMENT The Grantor, BURLINGTON NORTHERN INC., a Delaware corporation, for and in consideration of Ten and No/100 Dollars ($10,00) and other good and valuable consideration, does hereby remise, release, convey, and quitclaim to THE BOEING COMPANY, a Delaware corporation, Grantee, a perpetual easement (said quitclaim of easement being any or all interest of Grantor, including any interest therein which Grantor may hereinafter acquire) for water line purpose upon and under the following described premises situated in King County, St e of Washington: , That portion of the westerly 15 feet of Grantor's former right- � m tT of -way for its Lake Washington Belt Line (former Northern Pacificcyl C r; , Railway Company right-of-way) across Government Lots 1, 6, andto Section 18, Township 23 North, Range 5 East, W.M. , City of Rento '� � v being a strip of land lying westerly of a line located 15 feet per- Cpendicular, and radially distant, easterly of, parallel and concentric Q, with the westerly boundary line of said right-of-way, and lying between ( the southerly boundary line of 4th Avenue North as now located and a line parallel with and distant 25 feet south of the east production of the north line of Tobin Street; Together with that portion of the easterly 15 feet of Grantor's former right-of-way for its Lake Washington Belt Line (former Northern Pacific Railway Company right-of-way) across Government Lots 1,6, and 7, Section 18, said Township and Range, City of Renton, being a strip of land lying easterly of a line located 15 feet, perpendicular and radially distant, westerly of, parallel and concentric with the easterly boundary line of said right-of-way and lying between the southerly line of 4th Avenue North as now located and a line hereinafter called line "A", which line "A" is parallel with and approximately 35 feet north of the east production of the North line of Tobin Street, said line "A" intersects Grantees' easterly water line at the angle (approximately 1350) which connects said easterly water line with the westerly line of Grantor's right-of-way; Together with a 15 foot strip of land across Grantor's right-of- way in said Government Lot 7, lying between said line "A" and a line which is parallel with and approximately 15 feet north of the east production of the south line of Tobin Street (said last described strip of land also being the location of Grantees' water line.) Excepting therefrom, those portions of said strips of land lying within the boundaries of certain property described in deeds filed in the King County records as recording numbers 7306250245 and 7309240198; also excepting all existing traveled ways now located across said property and all exception and matters of record. Said easement being for the purpose of installing, constructing, operating, maintaining, removing, repairing, replacing, enlarging, and using water lines together with all appurtenances thereto, together with the right of ingress and egress to and from said described property for the foregoing purposes. This easement is made subject to and upon the following express conditions: I Grantor reserves all rights to use the property hereinabove described for any and all purposes whatsoever not inconsistent with the easement hereby granted; however, buildings are expressly prohibited unless approved by Grantee. Rights reserved shall be so exercised as not to damage or interfere with the easement rights of Grantee hereunder or the water line as above defined. This easement is subject to all existing interests of third parties in said property of Q` any kind or nature whatsoever and any and all extensions or renewals thereof. 0% S II Grantee agrees to protect, save and hold harmless Grantor from all claims, Ccosts, damage or expense of any nature whatsoever, including attorney fees, arising �out of acts or omissions of Grantee relating to the exercise of Grantee's rights hereunder, excepting only such claims, costs, damage or expense which may be caused by the acts or omissions of Grantor. III Should performance by Grantee of any act under this agreement result in damage to or destruction of any buildings, landscaping, fences or other improve- ments, Grantee shall immediately reimburse the damaged party to the full extent necessary to restore said party to the position he would have held absent said injury. j IV Grantee shall be required to pay any general or special assessments levied upon or because of Grantee's improvements on the easement premises or upon or because of Grantee's interests under the easement. a i V 3° S' In the event that said premises shall at any time cease to be used by the Grantee for water line purposes for a period of five years, all rights of the Grantee shall automatically terminate and revert to the title owner of the premises Qnd the Grantee will release its interest in said grant. VI The grantor does not warrant its title to said premises nor undertake to defend the grantee in the peaceable possession, use or enjoyment thereof; and the grant herein made is subject to all outstanding rights or interests of others, including permittees and lessees of the grantor. «i This instrument and the covenants and agreements herein contained shall ensure to the benefit of and be binding upon the parties hereto, their successors and assigns. VIn The Grantor and Grantee herein, by acceptance and recording this easement mutually covenant and agree to the general terms and conditions applicable to the easement described above. -2- r Dated this 18th day oP January 19 79. THE BOEING COMPANY BURLINGTON NORTHERN INC. By 1%' < _7 le, By_S '' Attest�m. pe Pfesident Attest C r STATE OF WASHINGTON ) ss. COUNTY OF KING ) 00 On this /S n day of ua r 19 ,before me, the undersigned, a Notary Public in and for the State of gton, 2y commis- sioned and sworn, personally appeared r and ..S' Oto me known to be the Vice President and 12—c% Secretary, respectively, of The Boeing Company, one of the corporations that executed the foregoing instrument, and acknowledged the 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 they were authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. Witness my hand and the official seal hereto affixed the day and year first above written. t ary PuJWjc in and for th StatVf Wa hington, residing at a/ft STATE OF MINNESOTA ) ss. COUNTY OF RAMSEY ) On this 18th day of January 197 9, before me, the undersigned, a Notary Public in and for the State of Minnesota, duly commissioned and sworn, personally appeared J. C. Kenady and F. A. Deming to me known to be the Vice President and Assistant Secretary, respectively, of Burlington Northern Inc., one of the corporations that executed the foregoing instrument, and acknowledged the 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 they wera authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. Witness my hand and official seal hereto affixed the day and year first � above written. J. W. TWYER sNOT RRA PUBLIC SCOON SOTA My Commission Expiry Nw.17,1M6 x at St. Paul —$— r The City of Renton, a municipal corporation of the State of Washington, hereby joins in the grant of the foregoing Easement from Burlington Northern, Inc. to The Boeing Company dated as of January 18, 1979 for the sole purpose of conveying and quit- claiming, including any interest hereafter acquired, the ease- ment rights set forth above to Grantee subject to, however, the terms and conditions set forth in the Easement. C i CITY OF RENTON, a Washington i municipal corporation By aSC� t ayor By Its City Clerk t STATE OF WASHINGTON) ss. COUNTY OF ) f On this day of 1972, before me, the undersigned, a Notary Public in and for the State of Washing- ton, duly commissioned and sworn personally appeared e e and ��a -es � /'nea_ d to me known to be the persons who signed as �/ J and C. fd c2 le . z , spectively, of the City of Renton, he municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corpo- ration for the uses and purposes therein mentioned, and on oath stated that they were duly elected, qualified and acting as said officers of the municipal corporation, that they were authorized to execute said instrument and that the seal af- fixed, if any, is the corporate seal of said municipal corporation. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. 6 NOTARY PUBLIC in and for the;' tale ` of Washington, .residing at 9 -4-