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Home My WebLink AboutE 7908080951 y � '~r j , ` � . r � � � P�: ,_�1,4-78 . "' EASEMENT AGREEMENT THIS AGREEMENT, made this day by and between the City of Seattle, a municipal corporation of the State of Washington, hereinafter called "Seattle" , and the City of Renton, a municipal corporation of the State of Washington, hereinafter called "Renton" , WITNESSETH: That for and in consideration of Six Hundred Dollars ($600.00) for the � easement herein conveyed, to be paid by the developers of land adjoining �� the property herein described, and for and in consideration of the mutual � � covenants and agreements hereinafter set forth, it is agreed by and between � the parties hereto as follows : `�`�,` 1 . Seattle hereby grants to Renton an easement for publ �c roadway purposes, except as limited herein, across Seattle's 100 ft. wide Cedar River Pipeline right of way, over and across the following described property in King County, Washington, to wit: _ That portion of the southwest 4 of Section 21 , Township 23 North, , Range 5 East, W.M. , King County, Washington, described as follows : `` Commencing at the most southerly corner of Lot l , Block 4 in the - �� plat of Tiffany Park Division No. 2, as recorded in Volume 92 of Plats, Pages 34 through 36, records of said county; thence S 64° "•, 06' 47" W a distance of 30.00 feet to the centerline of Kirkland �f�, � � „ Avenue S.E. and a point on the arc of a curve to the right from `1 � � which the center bears S 64° 06' 47" l�J a distance of 790.00 feet; � thence southerly along said curve through a central angle of 36° 4 , 56' 21" an arc distance of 509.32 feet to the northerly margin of the City of Seattle's Cedar River Pipeline right of way and the True Point of Beginning of the centerline of a 60-foot-wide easement lying 30 feet on each side of said centerline; thence S 7� 55' 37" W a distance of 100.15 feet to the southerly margin of said Cedar River Pipeline right of way, and the point of termina- tion of the centerline of said easement, being a point on the centerline of 123rd Avenue S.E. according to the plat of Cascade Village Division No. 2 as recorded in Volume 67 of Plats, Page 17 records of said county. 2. Seattle retains, in addition to its ownership of the underlying fee, the right to grant or deny permission to use or occupy the easement area for any other purpose, including use by utilities, and trees shall not be permitted. 3. In the event Renton ceases to use said described area for roadway, as � I evidenced by abandonment, vacation or in another manner, the easement granted herein shall forthwith terminate. 4. The construction and maintenance of a roadway within said easement � area shall be at no cost or expense to Seattle, and the use of said property by Renton for roadway purposes shall in no way interfere with the present or future use of said property by Seattle for water pipeline or other Seattle purposes. , 1 of 3 _ _ . J ' � i . } � . � � , . r� � , � M�. 1 / , ' ' •. PK.;- .�6�14-78 " � ' e C ' • � � � � ' ` � 5. .Seattle shall have the right to install , repair, replace, maintain, operate and make lateral connections to any of its pipelines, related facilities or other Seattle improvements within said easement area, provided that Renton shall be notified in advance of any such work, and Renton agrees that Seattle shall not be liable for damage to said improvements within said easement areas by reason of such work or operations. 6. It is expressly understood and agreed that before any construction or t1� pimprovements within the easement area are done by Renton, plans will be supplied CD � by Renton's Department of Public Works to Seattle's Water Department for approval C � prior to the commencement of work, and that such plans shall indicate the permanent ' r� grade established and depth of cover over any existing pipelines. No such ' construction or improvements for roadway purposes shall be undertaken without the approval of Seattle's Superintendent of Water which will not be unreasonably withheld. Twenty-four hours' notice shall be given to the Water Department's Director of Operations prior to performance of such construction or improvements. 7. A minimum of four feet of cover to finished roadway grade shall be eatablished over each pipeline at the final grade. Maximum cover shall be five feet. 8. All alterations, moving or adjusting of pipelines and appurtenances i of the City of Seattle Cedar River Pipeline required by construction of improvements for roadway purposes undertaken by Renton shall be performed by i Seattle's Water Department at the sole cost and expense of Renton. 9. Renton agrees to join with Seattle in the defense of any and all claims or actions for damages of any kind or description which may accrue to or be suffered by any person, persons or property by reason of Renton 's use of said easement area for roadway purposes. In case of any suit or action , brought against Seattle by reason thereof, Renton will , upon notice to it of the commencement thereof, join with Seattle in defense of such suit or action, and any final judgement awarding damages shall be paid in whole or part or shared in such proportions as shall be fixed by the court or jury if the parties can not agree. IN WITNESS WFiEREOF, Seattle has caused this agreement to be executed by �ts• �� Mayor and City Comptroller pursuant to Ordinance 10$2$0 , and Renton has executed the same this �(�� day of J:�.:�\ , 1979 TH CITY OF S A TL� � . By , � Mayor A T: � . City Comptroller Pdge 2 of 3 � �' _ ` �, � • `. . � ,1 i � , � . /� ",� i .. i w +� • ' • p.K: �,•�,:14-78 • , . , ` � � a . . . STATE OF WASHTNGTON ) ss. COUNTY OF KING ) " , � � THIS IS TO CERTIFY that on this � day of S�, 1979, before me, the undersigned, a Notary Public in and for the State of ashington, duly commissioned and sworn, personally appeared Charles Royer and E. L. Kidd, to me personally known to be the Mayor and City Comptroller, respectively, of the CITY OF SEATTLE, the municipal corporation that executed the foregoing instrument, and acknowledged to me that they signed and sealed the same as the free and voluntary act and deed of said municipal corporation, and on oath stated that they were authorized to execute said instrument and that the seal affixed is the seal of said municipal corporation. — WITNESS my hand and official seal the day and year in this certificate l!� first above written. O ', f , � -�/'(/�, C�O - - . . �O _ - Notary PubT c in an for the State of C , Washington, residing at p. � . - e 6l��c,� r L: ��.,.,�. P,TTEST : THE CITY OF RENTON � ti By City Clerk . MdyOY' STATE OF WASHINGTON ) ss. COUNTY OF KING ) THIS IS TO CERTIFY that on this 1 6 tn day of J u 1 y , 19�9, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared c. J. Delaurenti and D. Mead, to me personally known to be the Mayor a nd cit� Clerk of TNE CITY OF � RENTON, the municipal corporation that executed the foregoing instrument, and acknowledged to me that tn e igned and sealed the same as the free and voluntary act and deed of said municipal corporation, and on oath stated that th ev w ere authorized to execute said instrument and that the seal affixed is the seal of said municipal corporation. WITNESS my hand and official seal the day and year in this certificate first above written. � �i�G�� ' Y`..d�,, ' Nota"r'y Publ i c i n and for-.the� 5ta�te of ., ,,._ Washington, residing at 'Ren.ton. . � __ c: F': 4. �'. ��. Page 3 of 3 � , , r �; `,� � � � � � : , � � _ �., « � ��✓,`•. • . . �G �- � � t ! 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