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HomeMy WebLinkAboutPermit PAG-13-007 UTILITY EASEMENT AGREEMENT THIS UTILITY EASEMENT AGREEMENT(this "Utility Easement") is made and entered into as of_V?,CP,j6P- t�, 2013 by and between THE CITY OF RENTON, as the owner of the land described in ATTACHMENT A ("Grantor"), and AT&T Corp, a New York corporation, ("Grantee"). RECITALS : WHEREAS, In 1987 Grantor granted to Grantee the right, privilege, and authority to lay, operate, maintain, replace, etc., telecommunications equipment in certain Rights-of-Way, pursuant to PAG-001-87 (hereinafter " 1987 Easement"); and WHEREAS, the initial term and extended terms of the 1987 Easement have expired; and WHEREAS, Grantor desires to draft an agreement that is consistent with agreements drafted more recently; and WHEREAS, in 2012, the Grantor contracted with an independent market appraiser, Allen Brackett Shedd, to provide the Airport with a fair market value for lease rental rates; and WHEREAS, the charge for the easement granted herein is based on the per square foot charge for a ground lease, and those charges have increased based on the recent market appraisal, and both parties seek to memorialize the new rate; and WHEREAS, in December 2012, Allen Brackett Shedd was asked to provide the Airport with a fair market value for the Annual Easement Payment to be imposed pursuant to this Utility Easement; and WHEREAS, the easement area is considered a subsurface disruption and, as such, a discount is applied to the fair market value lease rental rate; and WHEREAS, the fair market rate for the Easement Payment was determined by Allen Brackett Shedd to be $0.27/sq.ft./yr; and WHEREAS, the Grantee desires to reduce the dimensions of the easement granted from 91,905 square feet (6,1271 X 15'W) to 61,403.35 square feet (6,140.35'L X 10'W); and WHEREAS, the new annual easement payment, based on the new square footage and the discounted rate, is determined to be $16,578.90 (61,403.35 sq.ft. X$0.27). UTILITY EASEMENT AGREEMENT ORIGINAL 1 City of Renton to AT&T Corp S"W1 AGREEMENT NOW, THEREFORE, for and in consideration of an Annual Easement Payment as established herein and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants to Grantee, and its successors and assigns in title an Easement with the right to retain, operate, maintain, replace, alter, remove, and repair the fiberoptic lines, together with all equipment and appurtenances thereto for provision of telecommunications services (hereinafter "Telecommunications Equipment"), in the Easement Area as described in Exhibit "A" (captioned "Utility Easement Map and Legal Description"), which is attached hereto and incorporated herein by this reference (hereinafter, "Premises"), and is subject to and conditioned upon the following terms, conditions and covenants which Grantor and Grantee, respectively, hereby promise to faithfully and fully observe and perform. 1. MOVEMENT OF EASEMENT: 1.a. Training Center: Grantee acknowledges that Grantor has notified Grantee of the planned construction of the Central Sound Aerospace Training Center ("CSATC") at the site of the 300 Rainier Avenue South building. Pursuant to prior easement agreements between Grantor and Grantee, now expired, the Grantee placed Telecommunications Equipment in the easement area. 1.b. Need For Relocation: The construction of the CSATC and subsequent operation thereof will affect approximately one thousand two hundred (1,200) feet of Grantee's prior easement and installation of Telecommunications Equipment along West Perimeter Road. The construction and operation of the CSATC will necessitate the relocation of Grantee's Telecommunications Equipment in this area. 1.c. Notice And Duty To Relocate: Upon sixty (60) days' notice to Grantee by Grantor, the Grantee, at Grantee's sole cost and expense, must, within sixty (60) days of the notice, remove, move, and/or relocate its Telecommunications Equipment as may be necessary or required by Grantor for the construction and/or operation of the CSATC. 1.d. Subsequent Amendment To Utility Easement: Once the notice regarding removal/relocation is served upon Grantee, the Grantor will identify the new location for the installation of Grantee's Telecommunications Equipment and the parties will execute an amendment to this Utility Easement Agreement reflecting the new legal description, and, if applicable, the new square footage and Annual Easement Payment rate. 1.e. Payment Adjustment: In the event that the amendment to the easement premises results in a change in square footage, the Annual Easement Payment will be adjusted. Provided Grantee is in compliance with all terms of this Utility Easement Agreement, in the event of a reduction in the square footage, Grantor will refund to Grantee a pro-rata share of the Annual Easement Payment. The refund proration will be measured from the date the UTILITY EASEMENT AGREEMENT 2 City of Renton to AT&T Corp �%. surrendered easement area is fully available for the construction of the CSATC to the end of the year. In the event of an increase in the square footage, the proration will be measured from the date the relocation is complete to the end of the year. 2. TERM: 2.a. Initial Term: The initial term of this Utility Easement Agreement (herein referred to as "Term") as to the entire Premises shall be for a twelve (12) year period commencing on November 1, 2013 (herein referred to as "Commencement Date") and terminating on October 31, 2025 (hereinafter "Expiration Date"). 2.b. Additional Term: After the Initial Term, continued tenancy by AT&T Corp will be on a year-to-year basis. 3. Easement Pavment: 3.a. Annual Easement Payment: Grantee shall pay to Grantor an Annual Easement Payment (hereinafter "Easement Payment") in the sum of Sixteen Thousand Five Hundred Seventy Eight Dollars and Ninety Cents ($16,578.90), without deduction, offset, prior notice or demand, payable promptly in advance on the first day of the following month. All such payments shall be made to the City of Renton, 616 West Perimeter Road-Unit A, Renton, Washington 98057. The Annual Easement Payment, beginning on the Commencement Date, is computed as follows: (61,403.35 square feet)($0.27 per square foot per year) _ $16,578.90/yr 3.b. Periodic Adjustment of Annual Easement Payment: The Annual Easement Payment shall be subject to automatic adjustment on the third (3rd) anniversary of the Commencement Date and every three years thereafter on the anniversary of the Commencement Date (any of which shall hereinafter be referred to as "Adjustment Date") as follows: As used in this Section 3.b., "Index" means the Consumer Price Index for All Urban Consumers for Seattle-Tacoma-Bremerton All Items (1982-84=100) (CPI-U) published by the United States Department of Labor, Bureau of Labor Statistics; 'Beginning Index" means the Index which is published nearest, but preceding, the Commencement Date; and "Adjustment Index" means the Index which is published nearest, but preceding, each Adjustment Date. For the first Periodic Easement Payment Adjustment, if the Adjustment Index has increased over the Beginning Index, the Annual Easement Payment payable for the following three (3) year period (until the next Adjustment Date) shall be set by multiplying the Annual Easement Payment provided for in Section 3.a. of this Utility Easement by a fraction, the numerator of which is the Adjustment Index and the denominator of which is the Beginning Index. The UTILITY EASEMENT AGREEMENT 3 City of Renton to AT&T Corp product shall be the "Adjusted Annual Easement Payment." In no event shall the Adjusted Annual Easement Payment determined pursuant to this paragraph be less than the Annual Easement Payment set forth in Section 3.a. of this Utility Easement. For the second and any subsequent Periodic Easement Payment Adjustment, if the Adjustment Index is greater than the Adjustment Index three years prior, then the Adjusted Annual Easement Payment payable for the following three (3) year period (until the next Adjustment Date) shall be set by multiplying the then current Adjusted Annual Easement Payment by a fraction, the numerator of which is the Adjustment Index and the denominator of which is the Adjustment Index from three years prior. The product shall be the "Adjusted Annual Easement Payment." In no event shall the Adjusted Annual Easement Payment determined pursuant to this paragraph be less than any prior Adjusted Annual Easement Payment. 3.c. Notice of Reauest for Readiustment of Easement Payment: Grantor and Grantee do hereby further agree that at least thirty (30) days prior to any Adjustment Date, either party shall, if they desire to adjust the Minimum Annual Easement Payment for the ensuing three (3) year period by a means other than the Index, provide to the other party a written request for readjustment of the Easement Payment rate pursuant to RCW 14.08.120(5). 3.d. Dispute Resolution Re: Readjustment of Easement Payment: If the parties are unable to agree upon such adjusted Easement Payment by negotiation for a period of thirty calendar (30) days, then the parties shall submit the matter of the adjusted Easement Payment for the ensuing period to arbitration. Grantor and Grantee do hereby agree that the arbitration process shall be limited to not more than one hundred fifty (150) calendar days, using the following procedures: 3.d.(1). Grantor shall select and appoint one arbitrator and Grantee shall select and appoint one arbitrator, both appointments to be made within a period of sixty (60) days from the end of the negotiation period cited in Section 3.d. Grantor and Grantee shall each notify the other of the identity of their arbitrator and the date of the postmark or personal delivery of the letter shall be considered the date of appointment. 3.d.(2). The two appointed arbitrators shall meet, and shall make their decision in writing within thirty (30) days after the date of their appointment. If the appointment date for either arbitrator is later than the other, the latter date shall be the appointment date for purposes of the thirty (30) day deadline. 3.d.(3). If the two arbitrators are unable to agree within a period of thirty (30) days after such appointment, they shall, within a period of thirty (30) days after the first thirty (30) day period, select a third arbitrator. If such third arbitrator has not been selected or if such third arbitrator has not accepted such appointment within such thirty (30) day period, either UTILITY EASEMENT AGREEMENT 4 City of Renton to AT&T Corp ,r„+ `Awe Grantor or Grantee may apply to the head of the Seattle office of the American Arbitration Association to appoint said third arbitrator. 3.d.M. The three arbitrators shall have thirty (30) days from the date of selection of the third arbitrator to reach a majority decision unless the time is extended by agreement of both parties. The decision of the majority of such arbitrators shall be final and binding upon the parties hereto. 3.d.(5). The arbitrators shall be experienced real estate appraisers and be knowledgeable in the field of comparable airport rentals and use charges in King County and shall give due consideration to any change in economic conditions from the preceding Easement Payment period. After a review of all pertinent facts, the arbitrators may adjust such Easement Payment rate or continue the previous Easement Payment rate for the ensuing three (3) year term. In no event shall the Minimum Annual Easement Payment determined pursuant to this section 3.d. be less than the then current Minimum Annual Easement Payment. 3.d.(6). Improvements made by the Grantee shall not be considered as part of the Premises for the purpose of future adjustments or readjustments of the Easement Payment rates. 3.d.(7). Each party shall pay for and be responsible for the fees and costs charged by the arbitrator selected by him. The fee of the third arbitrator shall be shared equally by the parties. 3.d.(8). The readjusted Easement Payment in each case, whether determined by arbitration or by agreement of the parties themselves, shall be effective as of the Easement Payment Adjustment Date. 3.e. Late Payment Charge: If any Easement Payment is not received by Grantor from Grantee by the tenth (10th) business day after such Easement Payment is due, Grantee shall immediately pay to Grantor a late charge equal to five percent (5%) of the amount of such Easement Payment. Should Grantee pay said late charge but fail to pay contemporaneously therewith all unpaid amounts of Easement Payment, Grantor's acceptance of this late charge shall not constitute a waiver of Grantee's default with respect to Grantee's non-payment nor prevent Grantor from exercising all other rights and remedies available to Grantor under this Easement or under law. If any check received by Grantor from Grantee is returned unpaid for any reason, Grantor reserves the right to charge, and Grantee agrees to pay, an additional charge up to the maximum amount allowed by law. Grantor's acceptance of this additional charge shall not constitute a waiver of Grantee's default with respect to Grantee's returned check nor prevent Grantor from exercising all other rights and remedies available to Grantor under this Easement or under law. Unpaid amounts of Easement Payment, late charges, or additional charges shall bear interest at the rate of twelve (12%) percent per annum until paid. UTILITY EASEMENT AGREEMENT 5 City of Renton to AT&T Corp 4. Purpose Grantee shall have the right to retain the Telecommunications Equipment in the Easement Area and the right of access, ingress and egress, over, under, and through the Easement Area for the purposes of repairing, replacing and maintaining the Telecommunications Equipment with Grantee gaining prior permission from the Grantor with at least thirty (30) days' prior notice. Grantee understands that the Easement Area is within the Aircraft Operation Area and therefore, the Grantor reserves the right to place conditions on any of the Grantee's actions needed to repair, replace or maintain the Telecommunications Equipment. Notwithstanding any other provision of this Utility Easement Agreement, the Grantee may access the Telecommunications Equipment and may exercise the right of access, ingress and egress over, under, and through the Easement Area without first obtaining the prior permission of the Grantor if in the reasonable good faith opinion of Grantee, such action is required to address an emergency presenting imminent risk of death of or injury to any person or loss of or damage to any property. 5. Compliance with Laws and Rules Grantee shall at all times exercise its rights herein in accordance with the requirements (as from time to time amended) of any public authority having jurisdiction and all applicable statutes, orders, rules and regulations. 6. Grantee's Use and Activities Grantee shall exercise its rights under this Utility Easement Agreement so as to avoid, to the extent practical, material interference with Grantor's, or Airport Tenants' use of the Easement Area. 7. Grantor's Use of the Easement Area Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted; provided, that Grantor shall not erect, construct or maintain any structures or building improvements or landscaping in the Easement Area. 8. Grantor's Covenants and Warranties Grantor covenants with Grantee that it shall not disturb or sever the Telecommunications Equipment, or tap into the Telecommunications Equipment or disrupt the Telecommunications Equipment service to Grantee or relocate the Telecommunications Equipment. Grantor warrants that it is the owner of legal title in fee simple to the Easement Area and that for as long as Grantee performs its obligations under this Utility Easement Agreement, Grantee shall have the quiet use, possession, and enjoyment of the Easement Area and its rights hereunder. UTILITY EASEMENT AGREEMENT 6 City of Renton to AT&T Corp **^.r ,,,w,,. 9. Indemnity and Hold Harmless: Grantee shall defend, indemnify and hold harmless Grantor against any and all claims arising from (a) the conduct and management of or from any work or thing whatsoever done in or about the Premises or the improvements or equipment thereon during the Term, or (b) arising from any act or negligence of the Grantee or any of its agents, contractors, patrons, customers, employees, or invitees on the Airport, or (c) arising from any accident, injury, or damage whatsoever, however caused, to any person or persons, or to the property of any person, persons, corporation or other entity occurring during the Term in, on or about the Premises, and from and against all costs, attorney's fees, expenses, and liabilities incurred in or from any such claims or any action or proceeding brought against the Grantor by reason of any such claim, except to the extent caused by the sole negligence of Grantor, its agents, contractors, employees, or its authorized representatives. Grantee, on notice from Grantor, shall resist or defend such action or proceeding forthwith with counsel reasonably satisfactory to, and approved by, Grantor. Grantor shall indemnify, defend, and hold Grantee harmless from and against any and all claims, losses, damages, costs, attorney's fees, expenses, and liabilities arising from the negligence or willful misconduct of Grantor or any of its agents, contractors, employees, or authorized representatives. On notice from Grantee, Grantor, at Grantor's expense, shall defend any such action or proceeding forthwith. The indemnity in this Section shall not apply to Hazardous Substances, which is addressed elsewhere in this Easement. 10. INSURANCE: 10.a. Liability Insurance: Grantee, at its expense, shall maintain in force during the Term the following type of insurance (or equivalent): a policy of commercial general liability with the following limits: a minimum of$1,000,000 per occurrence, and $2,000,000 annual aggregate. The limits of said insurance shall not, however, limit the liability of Grantee hereunder. Grantor shall be included as an additional insured on Grantee's liability insurance solely with respect to the operations of the named insured, Grantee, with that coverage being primary and non-contributory with any other policy(ies) carried by, or available to, Grantor. Grantor's additional insured status shall (i) be limited to bodily injury, property damage or personal and advertising injury caused, in whole or in part, by Grantee, its employees, agents or independent contractors; (ii) not extend to claims for punitive or exemplary damages arising out of the acts or omissions of Grantor, its employees, agents or independent contractors or where such coverage is prohibited by law or to claims arising out of the gross negligence of Grantor, its employees, agents or independent contractors; and, (iii) not exceed Grantee's indemnification obligation under this Agreement, if any. Should any of the above described policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. 10.b. Insurance Policies: The Liability Insurance limits set out in Section 10.a shall be subject to change every 3 years, consistent with the Periodic Adjustment schedule described in Section 3.b, above. Insurance required herein shall provide coverage on an occurrence basis, not a claims-made basis. Notice of increased minimum insurance coverage amounts shall be sent to the Grantee at least ninety (90) days prior to the annual renewal date of the Grantee's UTILITY EASEMENT AGREEMENT 7 City of Renton to AT&T Corp S"901 insurance. There shall be no lapse in coverages required herein. Any lapse shall constitute a substantial breach of this Utility Easement Agreement. Grantee shall, prior to the expiration of such policies, furnish Grantor with evidence of renewal or suitable replacement of such insurance, in a form acceptable to Grantor. Grantee shall not do or permit to be done anything which shall invalidate the insurance policies referred to above. Grantee shall forthwith, upon Grantor's demand, reimburse Grantor for any additional premiums for insurance carried by Grantor attributable to any act or omission or operation of Grantee causing such increase in the cost of insurance. If Grantee shall fail to procure and maintain such insurance, then Grantor may, but shall not be required to, procure and maintain the same, and Grantee shall promptly reimburse Grantor for the reasonable premiums and other costs paid or incurred by Grantor to procure and maintain such insurance. 11. Termination of Easement The rights herein granted shall continue until such time as (1) Grantee gives ninety (90) days' prior written notice to Grantor of Grantee's intention to terminate the easement described in this Utility Easement Agreement, in which event this Utility Easement Agreement shall automatically terminate without an amendment to this Utility Easement Agreement and all rights hereunder shall revert to Grantor or (2) Grantee no longer has any rights to hold, possess, or use any part of the Easement Area. Upon the termination of the easement granted herein at Grantor's option, Grantor shall have the right to accept the Telecommunications Equipment in their "AS IS" condition. Alternatively, Grantor may, at its option, require Grantee to remove any and all improvements and structures installed by Grantee from the Easement Area, and repair any damage caused thereby at Grantee's expense. Grantee shall not be required to perform any cleanup or remediation of any contamination of the soil or groundwater in, on or under the Easement Area except for contamination released by Grantee on the Easement Area during the term of this Utility Easement Agreement. Grantee shall execute a release of the easement and record such release. 12. Notices Notices required to be in writing under this Utility Easement Agreement shall be personally served or sent by U.S. mail or sent by nationally recognized overnight courier with all charges for next business day delivery prepaid. Any notice given by hand or by courier shall be deemed given when delivered and any notice sent by mail shall be deemed to have been received when three days have elapsed from the time such notice was deposited in the U.S. mail, postage prepaid, and addressed as follows: To Grantor: City of Renton Attn: Airport Manager Airport Administration Office 616 West Perimeter Road-Unit A UTILITY EASEMENT AGREEMENT g City of Renton to AT&T Corp wr.✓ """'Y Renton, WA 98057 To Grantee: AT&T Corp Right of Way Room 162 3450 Riverwood Parkway SE Atlanta, GA 30339 Either party may change the address to which notices may be given by giving notice as above provided. 13. Title The rights granted herein are subject to permits, leases, licenses and easements, if any, heretofore granted by Grantor affecting the Easement Area. 14. Covenants Running with the Land/Successors and Assigns The Easement granted herein, shall be a covenant running with the land, and shall burden and benefit Grantor, Grantee and their respective successors and assigns in interest of the Servient Estate and the Dominant Estate, respectively, but only for the term of this Utility Easement Agreement. 15. No Termination of Prior Liability No termination of this Utility Easement Agreement shall release Grantee or Grantor from any liability or obligation with respect to any matter occurring prior to such termination. 16. Attorneys' Fees In the event either party brings a legal action against the other party to enforce its rights hereunder, the substantially prevailing party shall be entitled to receive reimbursement from the other party of such prevailing party's costs incurred in such legal action (including the costs of appeal), including the reasonable fees and disbursement of the prevailing party's attorneys (whether or not said attorneys are employees of the party hereto) in addition to all other rights and remedies available to the prevailing party at law or in equity. 17. No Merger of Estates The easement granted herein shall not extinguish or terminate by operation of the doctrine of merger or otherwise due to the existing or future common ownership of the real property described herein. 18. Complete Agreement UTILITY EASEMENT AGREEMENT 9 City of Renton to AT&T Corp *OW N"04 This Utility Easement Agreement contains the entire agreement of the parties with respect to this subject matter and supersedes all prior or contemporaneous writings or discussions relating to the easement provided for herein. This Utility Easement Agreement may not be amended except by a written document executed after the date hereof by the duly authorized representatives of Grantor and Grantee. This Utility Easement Agreement includes EXHIBIT A, which by this reference is incorporated into this Utility Easement Agreement. 19. Choice of Law/Jurisdiction/Venue This Utility Easement Agreement shall be governed by the laws of the State of Washington. Jurisdiction and venue shall be in the King County Superior Court. 20. Environmental Matters (a) Grantor represents that it has no knowledge of any substance, chemical or waste (collectively "substance") on Premises that is identified as hazardous, toxic, or dangerous in any applicable federal, state, or local law or regulation. Grantee shall not introduce or use any such substance on the Premises in violation of any applicable law. (b) "Hazardous Materials" means asbestos or any hazardous substance, waste, or materials as defined in any federal, state, or local environmental or safety law or regulation including, but not limited to, CERCLA. (c) The obligations of this section 20 shall survive the expiration or other termination of this Agreement. 21. Miscellaneous (a) If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. (b) By executing this Agreement, the parties are not establishing any joint undertaking,joint venture, or partnership. (c) Upon completion of the installation of any Telecommunications Equipment hereafter, an as-built or as-installed drawing will be supplied to the Grantor by the Grantee showing the locations of the Grantee's facilities. (d) If the Grantor chooses to work in the easement area, around the Grantee's Telecommunications Equipment, then the Grantee shall reimburse the Grantor for any extraordinary costs associated with accommodating the Grantee's Telecommunications Equipment. (e) Grantee's equipment will not create an electrical current or field that will damage any of Grantor's equipment or facilities in proximity to Grantee's equipment. (f) In the event of any relocation or removal of Grantee's Telecommunications Equipment, Grantee shall provide a performance bond in the amount of$ to ensure the installation and/or cleanup of the site is acceptable. Upon approval of the installation and/or clean up, the money shall be returned to Grantee. UTILITY EASEMENT AGREEMENT 10 City of Renton to AT&T Corp .y,,,,, IN WITNESS WHEREOF, the parties have executed this Utility Easement Agreement as of the date first above written. Grantor: THE CITY OF RENTON, WASHINGTON By Denis Law, Mayor Grantee: AT&T Corp, a New York corporation Its: Authorized Signatory On this day of -Deceac , 20jj, before me, the undersigned, the City Clerk of the City of Renton, personally appeared �r'� t 1 L , to me known to be the person who signed asf/y/cL�,�- ,� of THE CITY OF RENTON, the municipality that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipality for the uses and purposes therein mentioned, that b ue was authorized to execute said instrument and that the seal affixed is the municipal seal of the City of Renton, King County, Washington. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. \i�\\\\p\1111119iii�rr;;l;,J.,. J? O G�TY OlC9y, ATTEST: t JasonA. Seth, Deputy City Clerk Date: Za ApprObd as to legal form: 61 Lawrence J. Warren, City Attorney UTILITY EASEMENT AGREEMENT 11 City of Renton to AT&T Corp All STATE OF GEORGIA ) ss. COUNTY 0 i.0 ) On this o'LQ day of 1V 0 !/alt)b , 2013, before me, the undersigned, a Notary Public in and for the State of Georgia, duly commissioned and sworn, personally appeared Alvin S. Richardson, to me known to be the person who signed as Senior Technical Project Manager of AT&T Corp, the corporation that executed 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. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. J"'dc 0.an 1,7 N M S••• 1'►ss�q'ti'••'.�'�''i (Signature of Notary) 2 '°Lgy 1 C9 -� (Print or stamp name of Notary) ���2t<` "ttyt� e �0�� i 00 w4 OUN4 NOTARY PUBLIC in and for the State of Georgia, residing at My appointment expires: UTILITY EASEMENT AGREEMENT 12 City of Renton to AT&T Corp ISSUE DATE: INFTIALS:. ( R - Ni2'2412.27.7$'E t..sEf'[ENiBER n.zoER u a/ L=HIRE" _ L 2155'06' R=3L00' N3Lkn 420p E 6=4337'56'-- 74.55 -tit - I N2"5 96043•W.00 N775d'2.YE N2 754' 10.47 FASEMENT LEGAL DESCRIPTION i R=9 00 79.00 ' A STRIP ANC 10 FEET IN WIDTH,LYING 5 FEET ON EACH SIDE OF-HE FCLLOMNG DESCRIBED CENTERLN", >. I N0IT5'57'E d---jp'1013'44 LOCATED W7T.N THE BOUNDARIES OF THE RENTON A;P.PORT AS SHOWN ON THAT RECORD Or SLRVEY RECDRO=C i I NO4'4495' R=31.W' UNDER KING COUNTY P.ECORDNG NUM3ER 2C000314900D01,BEING PORDCNS OF S=CTOt1 7 AND 15,TOA SHIP 23 72'32 L 7821 RENTON NORTH,RANGE 5 EAST OF THE VALLAMETTE MERIDIAN,CITY OF RENTON,k1hG COLVTY,WA51-INGTO! NZ354'57'E 6=-3'3B'T7- R,,,yk= " I 43 J4 N7577.19'E R=7095' KING COUNTY SECTION 018: THENCEE SOJTSGUT­IW88'3714�EASTT,,F ALONGSAID THESGLTH LINE OF TI-r-SOUTHWEST OJAR'ER OF CORNERKNOWN AS RE NORTHWEST OF `A19 NOTES: EC 171.19' L-i0 d5' i 6=1256'06' SECTION 7.2,483.39 FET TO THE SOL TH OIJARTEP CORNER OF SAID SECTION; THENCE SOUTH 22'06'25•EAST, 1 SUBSURFACE UTUTY UNES.AS SHOWN HEREON, N07-2� 79"E R=46600' WASHINGTON 1,15754 FEET TO A POINT ON THE NORTHERLY MARGIN OF NORTH AIRPORT WAY,LOCATED IN THE NORTHWEST WERECOWIL'DACCORMNGTO AV,UWIE 0 L=687 OJART7t OF TIE NORTHEAST OJART=R OF SAD SECTON 18 AND THE POINT 0-EEGINNNG OF TrIU 10 FOOT RECORDINFORMATIONFM1OMTNEREFE.RENCED ' I R=46600' i 6=82724' STRIP; 11EJCE NOWT 07'06'26•EAST, 24.35 FEET TO THE BEGINNING OF A 6.00 FOOT RADIUS CURVE,CONCAVE COMPANIES MD PUBLIC AGENCIES,AND THUR C=ORNED' LO TIOASAREAPPROMWATED'NLY.ACTUAL N11'41'4u'W SUJTHWESTERLY,THENCE ALONG SAID CURVE,THRCUGF A CENTRAL ANGLE OF 9215"7",966 FEET; THENCE LOC,ATIMS oxer BE OETERN EO IN THE FIELD •v, I C=510"59' 155.60NORTH:85'05'51'WEST,252 22 FEET TO THE BEGINNINS OF A 99.03 FOOT RA3 JS CURVE,CONCAVE PfE ENGINEERING GROUP ASSUMES NO y R-57300' NORTHEASTERLY,THENCE ALONG SAA CJRl_,THROUGH A CENTRAL AN OF 8228'53',129.5E FEET; THENCE RESL`LTCBUTILITIS OmFITE0 Ru`ACEDASA RESULTCFUTMIESDAWGG ININACEDASA Y A I y=jIp57• NORTH 0239'58"WEST,39.04 FEET TO THE BEGINNING OF A 50000 FOOT RADIUS CURVE,CONCAVE TO TE EAS, sHowr+ NOG'3013"W THENCE ALONG SAID CURVE.TROJGIH A C NTRAL ANGLE OF 0342'52,3329 FEET; THENCE NORTH 0105'5 L=75 75• 1002875' 130 86' :ASI,SOS .79 FEET TO THE BEGINNING 0%A 500.00 FOOT RADIUS CURVE.CONCAVE TO THE W£ ,THENCE A_ONG R-900' SAC CURVE,THROUGH A CENTRAL ANGLE OF 07.37'15',6651 FEE,. THENCE NORTH 0678'21'WEST,8423 FEET z - _ NC527"36"W L-74.55 TC THE BEGINNING OF A 5COCO FOOT RADIUS CURVE,CONCAVE TO TAE EAST,THENCE ALONG SAID CURVE, I 3811' 6-92'37'25 THROLGH A CENTRAL ANGLE OF 0319`2G",2899-EET, '4-NCE NOkT 03"09'01•NEST,7372 FEET TO THE LOCUS MAP I R-1750C' 557'53185 37GINNING OF A 2000 FOOT RADIUS CURVE,CONCAVE TO THc SOUTYIEST,THENCE ALONG SAD CURVE,THROUGH NOT TO SCALE L='7070 53 26' 'I A CENTRAL ANGLE OF 24'46'55",8.65 FEET; THENCE NOR•T-1 27'5755•WEST,9.54 FEET TO THE BEGNNING OF A I 6=5'9'52• R=573.00' 2C.CC FOOT FACILE CURVE,CONCAVE TO THE NORTHEAST,THE NO237'44•W' L=53.22' NCE ALONG SAD CURVE.THFOUGH A CENTRAL I L-5 6 19" • ANGLE OF 2038'13',72C F_ETEN , -HENCE NORTH 07'19'42'WEST 539E FEET TO TE BEONMh9 OF A 76A.X 16168' FOOT RACIUS CJP.VE,CONCAVE TO THE SOUTHWEST,THENCE ALONG SAID CURVE,THROJOH A CENTRAL AN-,F OF N!1751'00"W 1356? 9221'47',31.51 FEET, THENCE NDRT 09'41'30•WEST,233.09 FEET-0 TE BEGINNING OF A 323.00 FOOT RADII-5 ` e R-'1500' CJRr,CCNCAJE TO THE NORTHEAST,THENCE ALONG SAID CURVE,TriRCUGH A CENTRAL ANGLE OF 093412•, I , L-1323' 54.79 FEET, (HENCE NORTH 00.07'18•WEST,6527 FEET TO TE BEONNING OF A 6.03 FOOT RADIJS CLR JE G-635'22' ,i COVCA.VE TO THE SOUTHEAST,THENCE ALONG SAD CLRVE, THROUGH A CENTRAL ANGLE OF 7508'21•,7.87 FE-T. m N18ZE'22'W 172.44' R THENCE NORT-1 750•'04'EAST,24.19 FEET TO THE 3EGINN NG OF A 600 FOC RADIUS CLR NE,CONCAVE TO THE R=26000' 'I NORTTBEST,THENCE ALONG SAID CJRVE,THROUGH A CENRAL.ANGLE OF 833056',875 FEET TO THE BEGNNING N 183639.31 L-24 77 14125843'00 'I Or A 40003 FOOT REVERSE CURVE,CONCAVE TO THE EAST,THENCE ALONG SAID CURVE TROJCH A C>4TFAL - 6-52?'34" 134.73' ANILE OF 0552'10',4098 FET,THENCE NORTH 02'37'42"WE5T.238.04 FEET 10 THE BEGINNING O=A 4DO.0O ." E 1295746.01 L=,,, 0' h03'45'5CW ! =COT RADIUS CJRVE,CONCAVE TO THE WEST, THENCE ALONG SAID CURVT_,THROJCH A CENTRAL ANGLE OF Call before you dig. L-47 82• 4E 87'I 04-4751',33 49-EE` THENCE hORT 072 33•VEST,115.35 FEET TO THE EEGINNING OF A 24600=COT RADIUS '6 91_'58 1,12'134'05'00 SAID F Washington Utilities I P.-11500' SE -JR/E,CONCAVE TO THE EAST,THENCE ALONG_AD CUP.VE,THROUGH A CENTRAL ANCy OF 1Z57C2•,55.75 g L=76.67 ! -Ec7 T,-NCE NORTH 053330"EAST,17.76 FEET TC NE BEGINNING OF A"446.00 FOOT RADIUS CURVE,CCNCAJE 6-51817" 8=31500 I G1 TO THE W-ST,THENCE ALONG SAID CURE,THROUGH A CEN-RA'_ANGLE OF 04'13'15',18.12 FEET: THENCE NORTH Coordinating Council L=4-2O'37' 1 Ou27'55'EAST,115.12 FEET TO TE BEGINNING OF A 500.00 FOOT RADIUS CURVE,CONCAVE_0 TE EAST 1-800-424=5555 3�0'A THENCE ALONG SAID CURVE.TRJJGH A CENTRAL ANGLE OF 072825 21.53 FEET;THENCE NORTH 0256 N0743'30 - - PAST,85.24 FEET TO THE BEGINNING 0=A 500-00 FOOT RADIUS CRVE,CCNCAVE TO THE EAST, THENCE ALONG + SAO CURVE,THROUGH A CENTRAL ANGLE OF 0435'44•,40.IC FEET,-HENCE NORTH 07'32'04•EAST,8221 FEET AT&T PROPRIETARY' I TO THE BEGINNING OF A 44527 FOOT RADIUS CURV' CONCA`JE TC Tac WEST,TH=NCZ ALONG SAO C'RVE, (Internal Use Only) R=ICCO DD• THROLG.H A CENTRAL ANGLE OF 18'3 OC',14455 FEET; THENCE NDR,H VTS56'WEST,279.'6 FEET TO THE L=14 65' 1 3-GINNING OF A 100.00 FOOT RADIUS CURVE,CONCAVE-0 TE EAST,THENCE A_CNG SA,D CURVE,THRCLGH A I PENTON Not for disclosure outside the AT&T L-0'50'27• ( CENTRAL ANl7.E OF 157]12',2697 FEET; TH?NCE NORTH 04'23'70 EAST,33.53 FEET TO li=EEGINNIJG OF A I Al RPGRT 1 SCO F3O RADIUS CURVT,CONCAVE TO THE WEST,THENC=HONG SAID CURVE,THROUGH A CEN-PA-ANGLE DF companies,except under Written I S 264 077'L 14 21'06• 25 51 FEET. THENCE 4OR.Tr 09'5749'ASST,95.15 FEET TO TE BEGINN NO OF A 9-00 FOOT RADIUS agreement: 8='1500' JR 1E, T ,CCh CAF TO THE SOUT-MEST, HENCE A_ONG SAID TH D CURVE, ROL Gi A CENTRAL ANGLE OF 22'49'3e, t-2 04' _ ,l 4 53 FE i; I N21'07n•w tr12"25.26 + , 2012 AT&T Intellectual Property,All 130.71' F.=287 GO' I [rj�-T Rights Reserved - R-230 O0' L=81 24 THENCE NORTH 38'5724'WEST,398b FEET TO 7-15 BEGINNING 0=A 79.00 FOOT RADIUS CURVE,CCNCA Fc TO 1 - AT&T PROPW dentl This srmaban I L=5755' L-161303 ( HE NORCHEAST,THENCE ALONG SAID CURVE,THROUGH A O=NTR 4L ANGLE OF 19"36'04',2707 FEET;THENCE constitutes canfde baltrade secreG and L=1420'12' N7909'20•W 1 NORTH 19'09'20 WEST,39.03 FEET TO-HE 3=CI.NNING OF A 230.00 FOOT RADIUS CURVE,CONCAVE TO THE EAS, commercial orfinancial information owned R=79.00' 39.03' HENCE ALONG SAID CURIE,THROUGH A CENTRA:ANGLE OF 14'20'12•,57.55 FEET TO THE 6EG+NNNG 0=A ; N3B'47'24'W+ By AT&T and e shared for purposes Critical L=27.07' 1 287.00 FOOT RADIUS REVERSE CURVE,COIICAVE TO TrE YFST,THENCE ALONG SAID CURVE,THROUGH A.CENTRAL - L=19'38'04• 3388 ANGLE OF 16"3'09•,8,.24 FEET, THENCE NORTH 21'0217•WEST,13011 FET TO THE BEGNNING OF A 115.00 Infrastructure Protection purposes only.Itis R=9 GO exempt from disclosure under the freedom N'C9'5 la, L=q53 I FOOT RADIUS CURVE,CONCAVE TO THE EAST, -HENCE ALONG SAID CURVE,THROUGH A CENTRAL ANGLE 0= of Information Act(S U_5G552, 9518 t-2 5'4334 / •2'25'25',25 04 FEET; TrENCE NORTH 05-33'51'WEST.26507 FEET TO THE EECAVNINC OF A 1,0.9C.0C FOOT Exemptions 6 3 84 and its disclosure is R it-`00" NO4'21'1 L / Y RADIUS CURVE,CONCAVE TD R EAST, THENCE ALONG SAID CURVE,THEOJ(';Fi A CO.ITFAL ANON OF 00'50'27', (lO f 1' L 28.51' .t cg• prohibited under the Trade Secrets Act 6=7427.06• / 14 E5 FEET;THENCE NORTH 07'43'30'WEST,4'0.90 FEET TO THE BEG.4NING OF A 115.00 FCCT RADIUS CJR f_ R=100 GO' / (15 US.C.1905),the Critical Infrastructure N'1'O3''06 t=2597 ( / CONCAVE_O TE WEST,THENCE ALDVG SAID CURVE, THROUGH A CENTRAL ANGLE OF 04'20'37',872 FEET; SECTION ') information Act of 2002,6 US.0 133,and 2,1 11' 6=1527'12• / /a THEN-NGRTH 12T14'0fi VIES-,56 58 FEET TO THE BEGINNING OF A 115.00 FOOT RADIUS CLRVE,CONCAVE TO any State or local law requiring disclosure of 23N R5 / �4 TAE EAST,TH,NCE ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 0518'17',16.67 FEET;THENCE NORTH information or records This information G / 03-45'5C'WEST, 4681 FEET TO THE BEG NNING OF A 26000 F00-RADIUS CURVE.CONCAVE TO TAE WEST, KIN COUNTY R=444 5' / must not be copied or distributed to others I =14455' / THENCE ALONG SAID CURVE.THROUGH A.CENTRA_ANGLE OF 09'1258',41.82 FEET; THENCE NOF.TH 1255'48' not agreed upon by AT&T,but in all events V/ASKING I ON WEST,134-78 FEET TO THE BEGINNING OF A 260.00 FOOT RADIUS CURVE,CONCAVE TO THE SCUTHAEST,THENCE do not copy or distribute to such others N0T8Zb4'E ALONG SAO CURVE.THROUGH A CENTRAL ANGLE OF 05?7'34',24.77 FEE"; THENCE NORTH 1876'22"WEST, Without notifintion pursuant to Executive 82.21' ® '78.44 FEET TO THE BEGINNING OF A.115.00 FOOT RADIUS CRVE,CONCAVE TO THE NORTHEAST,THENCE ALONG R=500 CG' / r r L=4010' SAID CURVE, THROUGH A CENTRAL ANGLE OF C635'22',13.23 FEET: THENCE NORTH 1'00"WEST,175.29 FEET PREPARED FOR RECORD ND25620 '3� 1'5 6=4''355''44` ,� TO THE BEGINNING OF A 573.00 FOOT RADIUS CRVE,CONCAVE TO THE EAST, THENCE ALONG SAID CJWr~ 85.24' k,000. a T-HP.OUGH A CENTRAL ANGLE 0=0919'16••93.22 FEET; THENCE NORTH 0231'44•WEST,16' 2 FEET TO THE APPROVEDFOR NOO27'5SE ,1-2159' BEGINNING OF A 115.00 FOOT RADIUS CURVE,CONCAVE TO THE WEST,THEIICE ALONG SAID CURVE.TROUGH A ONSIDE PLANT ENGNEER DATE I 17507' / &2-28'25' CENTRA_ANGLE OF 05'49'52*.11.70 FEET; THENCE NOPT-I C871'36'WEST,3811 FEET TC THE BEGINNING OF A N0573'30"E / R=24500' 9-00=COT RADIUS CURVE,CONCAVE-TO THE SCUTHEASL THENCE ALONG SAID CURVE, THRCUGH A CENTRAL 1776 L-75.12 ANGLE OF 10728'18•,15.75 FEET; THENCE SOUTH 8753'18'EAST,53.26 FEET TO THE BEGINNING OF A 9 D FOOT jW /� R I NJ 725"33'W / 2-41"1„' RADIUS CURVE,CONCAVE TO TE NCRTHNEST,THENCE ALONG SAC CURVE,T-IROUCH A CENTRAL b4CLE OF G��.7t� R=246 GO" i b 37 / L=55 75 92'37'25,14 55 FEET: THENCE NORTH 00'30'43"WEST,190.36 FEET TO THE EEgVNiNG OFA 573.00 FOCI RADIUS R-4G'O.CO E •259.02' CURVE,CONCAVE TO TiE VEST,THENCE ALONG SAID CURVE,THROUGH A CEN-FAL ANGLE OF 0"10'57•,1182 N 18119'0.67 ( .�33-a9' 40237'42'00 a E 129571712 /L= 47'57' PET;Tr.E4CE NORTH 0"5'40"WEST,15560 FEET TO THE EEGIVNIIG OFA 466 DO FDC]RADIUS CilRr, /_ 236,3-' N 181126 56 A - T "4 A A -RA AM1^ 0910 9' 74.-09 FEET; u __ r-E.00' - CONCAVE 0 E EAST,THA,CE ALONG SAID CURVE,THROUGH CEN-RAL .,-E OF 5 ,IE A �, ---�-CT;pN' L;NE _____S EPi'�'•14"E // L-Z3T E 1298199.a8 TiEN;,E NORTH 0779'19"EAST,40 T FEET TO'1HE BEGINNING OF 4fiE CO FOOT RADIUS CURVE,CONCAVE TO H ------ d=75'08 27" R-4GD GO' r a ---------- ----- L=40- Ti_SOUTHEAST, THENCE AJONG SAA CURVE,7HROJGH A CENTRAL ANGLE CF 09'27'24',66.75 FEET; THENCE 2483 3y - 98 c CONCAVE TO THE SgI NORTH 1556'43'EAST,'77.19 FEET TO THE BEGINNING OF 373.00 FW-RADIUS CURVE, r I NC007'13'W G=5571„' .�.=..x . 65.27 R=6 00' SOUTHEAST,THENCE ALONG SAID CURVE,THRCUG6 A CENTRAL ANGLE OF 12'S�02",7085 FEET; THENCE NORTH PROPRIETARY L=5 75 26.54'51•EAST,49.34 FEET TO THE 3-GINNING OF A 31.03 FOOT RAOIJS CURVE,CONCAVE TO THE WEST,THENCE R=32?-DO 6=5330'$6' USE PURAPLIFT TO CO-T INSTRUCiICN5 tf L=5475' \ N750'$FE ALONG SA)CURVE, THROUGH A CENTRAL ANGLE OF 33'39'3'•,152'FEET; THENCE NORTH 04'44'40 WEST,7232 SPECIFICATION C=934'12 V 24AT FET;THENS NORTH 07'05'57'EAST,65.96 FEET; THENCE NORTH 2754'4;1 WEST,73.00 FEET, THENCE a PROJECT NUMBER R=764 00' � NC5'41'3D'W 235e 3C"WEST, 39 96 FEET TO THE BEGINNING OFA 9.00=COT RADIUS CURVE,CONCAVE TO iFIE SOUTHEAST, y L=37 57' N0719'4'W I 239.09' THENCE ALONG SAID CURE.THROUGH A G.NTRA-ANGLE OF 101'53'44',16.01 FEET; THENCE NORTH 7]58'27• L=2-27'47' $ R=20.Q0' r OWNERSHIP. > 50.96 EAS-,10 41 FEET TO THE BEGINNING OF A 31.00 FOOT RADIUS CURVE,CONCAVE TC THE NORTHWEST,THENCE a L= ZC' LINE CODE: N2T57'55'00 + r? L-7. ALONG SA.D CURVE, THROUGH A CENTRAL ANGLE OF 43-3%•56•,23.61 FEET; THENCE NORTH 34'20'31*EAST,1458 a F 9.54' O FEET TO THE BEO NINiNG OF A 31.00 FOOT FACILE CURVE CONCA':E TO THE NJR'HRrST,THENCE ALONG SAID CABLECU.!- 3:f¢ R=20.00' rn- Ci?¢a SECT GI's L=a.65' -s R=50000' CURVE,THROJCH A CENTRAL ANG-E OF 2155'36',11.86 FEET; THENCE NCRTi 1274'55'EAST,1227 FEET MORE z c ry L=24'!8'55• NO3'09'0"W 'c7`'d�_L=25.9,9' OR LESS TO THE SCUTHER_Y SHORELINE OF LAKE WASHINGTON. SCALE A " T23N R5E 73.72 n- e=3rz 1'=300 N0625'21W KING COJNTY 6420 R=50000" THE SIDELINES OF THIS EASEMENT SHALL BE L£NGTENED OR SHOP,_HED iO TERMINATE ON THE EDUNDARY CK Oy N I L=5657' THE GRANTOR EASEMENT PLAN �.. WASHINGTON L=i3Tls' t7 E o N0705'55"E SiTi,ATE IN THE CITY OF RENTON,COJNTY OF KVG,5-A-c 07 WASHINGTON ry N 5C 79' R=5oacc' R=9x00' R=6 00' RENTON AIRPORT c .-a W o ' 2 " L=9 E6' = ' ' 3'52 &E2E3 '58_W�3 L,9215'17' 2EENO239N07'O6' z c s c 3904' 2435' BELLEVUE TO Lj c$u INdS'09'St'W' _ TACOMA 02 W N o I zez2z PCB J �Jfir z �'T' A "EXHIBIT A"- UTILITY EASEMENT MAP AND LEGAL DESCRIPTION ��LUMI SHEET 1OF1