No preview available
HomeMy WebLinkAboutE 8104130478co N It O O CM CM EASEMENT FOR WATER PIPELINES C.ASHSL C10 000000.00 J This easement is made this day of lhwtek, 1W, between VALLEY GENERAL HOSPITAL, a municipal corporation hereinafter "Grantor"), and the CITY OF RENTON, a municipal corporation (hereinafter "Grantee"). In consideration of One Dollar ($1.00) and other good and valuable consideration, and in consideration of the performance of Grantee of the covenants, terms and conditions hereinafter set forth, Valley General Hospital hereby conveys and quit- claims to Grantee the following easements: A. A perpetual, nonexclusive easement for the installa- tion, maintenance and operation of one or more underground water pipelines (hereinafter "waterlines") along and under that certain property situated in Ring County, Washington described in Exhibit A attached hereto and by this reference made a part hereof. B. A temporary, nonexclusive easement for a period of one year commencing at the start of construction, but in any event expiring January 1, 1983, for ingress and egress of vehicles and construction machinery and other pertinent materials neces- sary for the installation of the pipelines under the propertydescribedinparagraphAabove, over and across that certain property situated in King County, Washington described in Exhi- bit B attached hereto and by this reference made a part hereof; provided however, Valley General Hospital may earlier modify the terms of the easement granted under this paragraph B by acting in accordance with section 1.2 of this easement document. The terms "easement" and "easement area" in this instrument refer to the easements on the property described above in para- graph A and, for the period of its duration, the easement on the property described above in paragraph B. This easement is granted subject to and conditioned upon the following terms, conditions and covenants which Grantee hereby promises to faithfully and fully observe and perform: 1. PURPOSE. 1.1 Grantee shall have the right to place, construct, operate, inspect, and repair waterlines of substantially the same size, type and characteristics as are used in the Renton vicinity, together with all connections and under- ground appurtenances, across, through and under the Ease- ment property. FILED FOR RECORD AT REQUEST OF OFFICE OF THE CITY CLERK D';:uty RENTON MUNICIPAL BLDG. 200 NILL AVE. SO. RENTON, WA 91055 M It is agreed by Grantee that any debris and waste materials caused by the placement, construction, operation, inspection and repair of the waterlines will be removed from the premises, and that upon completion of construction, the premises will be left, as nearly as possible, in the same con- ditions as they are now. Grantee agrees to maintain the waterlines in good con- dition and repair, and to return the premises to the condition existing prior to any repairs, at Grantee's sole cost and expense. 4. INDEMNITY. Grantee agrees to indemnify, defend, and save Grantor harmless from any loss, cost, or other expense incurred by Grantor or any claim, demand or action asserted against Grantor arising out of any act or omission of Grantee, whether negli- gent or not, including, without limitation, any loss, cost, claire, demand or action relating to any break, rupture, stop- page, leak explosion, or other defect in the waterlines. 5. SUCCESSORS. The rights herein granted and the duties hereby agreed to by Grantee shall inure to the benefit of and shall be bind- ing upon Grantee's successors and assigns. 6. ASSIGNMENT. Grantee is hereby prohibited from assigning all or any portion of the rights and interests granted herein without the 2- 110380/2/9503D 1.2 Grantee ;reserves the right to make reasonable modifications of the terms of the ingress and egress ease- ment, upon such notice as is reasonable under the circum- stances, during the construction period. Such modifica- tions shall be made only if reasonably necessary to main- tain the efficient operation and peace and quiet of the hospital premises. co 2. COMPATIBLE USES. N d Notwithstanding any other provision herein to the con - CD c trary, Grantor reserves the right to engage in any uses com- atible with the full enjoyment ofP9therights granted herein to K;r CD Grantee. CO 3. CONSTRUCTION AND REPAIRS. M It is agreed by Grantee that any debris and waste materials caused by the placement, construction, operation, inspection and repair of the waterlines will be removed from the premises, and that upon completion of construction, the premises will be left, as nearly as possible, in the same con- ditions as they are now. Grantee agrees to maintain the waterlines in good con- dition and repair, and to return the premises to the condition existing prior to any repairs, at Grantee's sole cost and expense. 4. INDEMNITY. Grantee agrees to indemnify, defend, and save Grantor harmless from any loss, cost, or other expense incurred by Grantor or any claim, demand or action asserted against Grantor arising out of any act or omission of Grantee, whether negli- gent or not, including, without limitation, any loss, cost, claire, demand or action relating to any break, rupture, stop- page, leak explosion, or other defect in the waterlines. 5. SUCCESSORS. The rights herein granted and the duties hereby agreed to by Grantee shall inure to the benefit of and shall be bind- ing upon Grantee's successors and assigns. 6. ASSIGNMENT. Grantee is hereby prohibited from assigning all or any portion of the rights and interests granted herein without the 2- 110380/2/9503D cm 00 O C-) Co OE M cm prior written consent df Grantor, provided, however, that such consent shall not be unreasonably withheld. Grantor VALLEY GEHE''AL HOSPITAL, a MunicipG corporefion BY `' / -/. W . E. jurray, Administra STATE OF WASHINGTON y ss. COUNTY OF c ) On thisday of 6 '` ,,L"/ , 19, before me, the undersig4d Notary Pu is in and for the State of W h- ngt n, duly commissioned and sworn, personally appeared to me kn n to b the pe on who s gne asof — r- v, ;Ike aunicipal corp ration that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned, and on oath stated that he was duly elected, qualified and acting as said officer of the municipal corporation, that he was authorized to execute said instrument and that the seal affixed, if any, is the municipal corporate seal of said municipal corporation. WITNESS my hand and official seal hereto and year in this certificate above written. affixed the day of Washington, residing at 3- 110380/2/9503D EXHIBIT A err+' PERMANENT UTILITY EA&MENT DESCRIPTION A strip of land thirty (30) feet in width, said strip being situated in the Northwest Quarter of Section 31, Township 23North, Range 5 East, W.M., King County, Washington, more par- ticularly described as follows: Beginning at the southwest corner of that tract of land as CO described in Book 15, Page 268, Records of Survey, King rl_ County, Washington; said point being at the intersection of CDO the easterly right-of-way line of State Road No. 167, and the northerly right-of-way line of South 43rd -Street; thence along the northerly right-of-way line of South 43rd Street o South 870 28' 43" East -310.0 feet; thence departing said CD southerly right-of-way line of South 43rd Street North CD 20 31' 17" East 30.0 feet; thence North 870 28' 43" West 315.1 feet to a point on the easterly right-of-way line of State Road No. 167; thence South il° 56' 031 East 30.9 feet more or less to the Point of Beginning. See attached map. Cm 05 EXHIBIT B Z TEMPORARY UTILITY EASEMENT DESCRIPTION A strip of land 30 feet wide along and abutting the northerly and easterly sides for the full length of the permanent utility easement as hereinbefore described in Exhibit A. CO f` - 11t CD c CD N; CM f UALLEY Wil 9 NI NGTOAJ STATE pE1r'T OP 7-AA"15POMTr47/0N STATE ROAD No I67 G 4ERAL 8104130478 14051171TAL J'E1*41PQMAXY UTILITY EASEMENT EE EACH/8I T & PVA DESCR/ PTION) 670 Z8. 41 IT w PEI'CMANEIVT 117,/4/TY EASEMENT SEE EXHI&PIT A ro& L7ESC/ J/f Iokr) elk- ..., w 1 e L ONA.AA.T--- I 11)1:z U) flosPlT,a c. , Sou rHwEST s 4 5 Rz' S7. _ ENTRANCE _ EASEMENT LOCATION I = 4 0' TALI',07 HILL PIPE -U- s E=LI GITY ©t' ptlew Tow _ S 13Co 31. A'7