HomeMy WebLinkAboutE 8501030451 � J
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UTILITY EASEMENT
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PACCAR Inc ( "GRANTOR" ) , in consideration of the sum of One
Dollar ($1 .00 ) and other valuable consideration, receipt of which �
is hereby acknowledged, hereby conveys and quit-claims unto the
City of Renton, a Washington municipal corporation ( "GRANTEE" ) ,
� nonexclusive easements to construct, operate, maintain, recon-
struct, inspect and remove a fire hydrant and appurtenant water
lines (as to Parcel A) and a water meter vault and appurtenant
rl water lines (as to Parcel B) upon GRANTOR' s land, situated in King
� County, State of Washington, described as follows•
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�„� RE�•C� F �.C++�
� PARCEL A (Fire Hydrant) �p1H��' *���*�•���
� That portion of the S.E. 1/4 of Section 8, T. 23 N. , R. 5
E.W.M. , in the City of Renton, King County, Washington
described as follows: Beginning at the N.W. corner of said
S. E. 1/4; thence S. 89� 28 ' 19" E. , along the north l.ine of
said subdivision 455 . 18 feet to the intersection of tre east
� line, projected northerly, of Houser Way N. , as recorded under
auditor ' s f.ile No. 5913625; thence S. 18° O1 ' 34" E. along
said east line 125 .47 feet to a point of curve; thence
continuing southerly along said east line along the arc of a
curve to the right, with a radius of 603 . 69 feet, through a
total angle of 19° O1 ' 00" , 200 . 37 feet to a point of
tangency; thence S. 0° 59 ' 26" W. along said east line
37 . 21 feet to a.n intersection with the southerly right of way
line of Burlington Northern Inc . railroad, said point being in
the arc of a. curve whose center bears S. 47° 00 ' 38" W. ;
thence S. 5� 59 ' 26" S.W. along the east line of vacated
Houser Way 1506.28 feet to the true point of beginning; thence
35 feet east on a line bearing S. 89° 0 ' 34" E. ; thence
35 feet N. 0° 59 ' 26" E. along a line parallel to the east
line of vacated Houser Way; thence 35 ' west on a. line bearing
N. 89° 0 ' 34" W. to the east line of vacated Houser Way to the
true point of beginning; being an area of 0.028 acres, more or
less .
PARCEL B (Meter Vault)
That portion of the S.E. 1/4 of Section 8, T. 23 N. ,
R. 5 E.W.M. , in the City of Renton, King County, Washington
described as follows: Beginning at the N.W. corner of said
S.E. 1/4; thence S. 89° 28 ' 19" E. along the north line of
said subdivision 455 . 18 feet to the intersection of the east
line, projected northerly, of Houser Way N. , as recorded under
auditor ' s file No. 5913625; thence S. 18° O1 ' 34" E. along
said east linP 125 .47 feet to a point of curve; thence contin-
uing southerly along said east line along the arc of a curve
to the right, with a radius of 603 . 69 feet, through a total
angle of 19° O1 ' 00" , 200 . 37 feet to a point of tangency;
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thence S. 0° 59 ' 26" W. along said east line 37 . 21 feet to
an intersection with the southerly right of way line of
Burlington Northern Inc . railroad, said point being in the arc
of a curve whose center bears S. 47° 00 ' 38" W. ; thence S. 5°
59' 26" S.W. along the east line of vacated Houser Way 1157. 76
feet to the true point of beginning; thence 25 feet east on a
line bearing S. 90° 0 ' 34" E. ; thence 25 feet N. 0� 59 ' 26" E.
along a line parallel to the east line of vacated Houser Way;
thence 25 ' west on a line bearing N. 89° 0 ' 34" W. to the east
� line of vacated Houser Way to the true point of beginning;
� being an area of 0.014 acres , more or less ,
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Oas each such Parcel is more particularly shown cross-hatched
r„� on map attached hereto as Exhibit A and by this reference
Q incorporated herein. Said Parcel A and Parcel B are herein
� collectively referred to as the "Easement Areas . "
I TO HAVE AND TO HOLD said easements unto GRANTEE and its successors
and assigns forever, subject to the covenants and conditions
hereof, which GRANTEE by its acceptance of this easement agrees to
fully perform.
l . Subject only to the rights expressly granted in this easement,
GRANTEE reserves all rights with respect to the Easement Areas
including, without limitation, the right. to grant additional ease-
ments, licenses and permits therein to others, the right to install
utilities and other fixtures or improvements over, upon, across and
under the Easement Areas; and the right to locate structures with
permanent foundations within the Easement Areas ; PROVIDED HOWEVER,
that no surface structures shall be located within 5 feet horizon-
tally of GRANTEE ' s utilities installed under this easement without
GRANTEE ' s prior written consent (which consent GRANTEE agrees not
to withhold unreasonably) . GRANTOR shall not be liable to GRANTEE,
or to GRANTEE' s employees, agents, contractors or users of
GRANTEE ' s property, for loss or injury resulting from any damage or
destruction of GRANTEE' s facilities d.irectly or indirectly caused
by GRANTOR ' s use of the easement area or GRANTOR' s facilities on
the easement area, excepting only loss or injury which results
solely from GRANTOR' s failure to exercise reasonable care not to
damage or destroy GRANTEE ' s facilities installed within the
easement area .
2 . GRANTEE does hereby release, indemnify and promise to defend
and save harmless GRANTOR from and against any and all liability,
loss , damage, expense, actions and claims, including costs and
reasonable attorneys ' fees incurred by GRANTOR in defense thereof,
asserted or arising directly or indirectly on account of or out of
acts or omissions of GRANTEE and GRANTEE ' s servants, agents,
employees and contractors in the exercise of the rights granted
herein; PROVIDED, HOWEVER, this paragraph does not purport to
i.ndemnify GRANTOR against liability for damages arising out of
bodily injury to persons or damage to property caused by or
resulting from the sole negligence of GRANTOR or GRANTOR' s agents
or employees .
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3 . GRANTEE shall at all times maintain the Easement Areas in good
and safe condition and repair.
4. If either Parcel A or Parcel B ceases to be used by GRANTEE to
provide fire (as to Parcel A) or domestic (as to Parcel B) water
service to the building presently served thereby (at the street
address of 480 Houser Way N. , Renton) , then the easement herein
granted as to such Parcel shall terminate, and al_1 rights , inter-
� ests and privileges granted hereund.er shall revert to the GRANTOR,
� its successors and assigns . Upon a.ny termination of this easement,
� GRANTEE shall promptly remove from the terminated Easement Area any
� facilities installed by GRANTEE, and shall restore the terminated
� Easement Area to its condition prior to such removal .
� 5 . Notices given under this easement shall be given as follows :
m
If to GRANTOR: PACCAR Inc
c/o Plant Manager
Pacific Car and
Foundry Company
1400 N. 4th Street
Renton, WA 98055
If to GRANTEE: The City of Renton
Department of Public Works
200 Mill Avenue South
Renton, WA 98055
Either party may change the address to which notices may be given
by giving notice as above provided .
6. GRANTOR hereby further sells and delivers unto GRANTEE the
following described property installed in Parcel A and Parcel B:
(a) Approximately 60 lineal feet of 8 inch ductile iron pipe, 10
lineal feet of 3 inch galvanized pipe, two 8 inch and two 3
inch gate valves, 1 inch by 1 inch detector check valve, one 3
inch compound water meter, two 4 foot 8 inch by 7 foot 0 inch
by 7 foot 0 inch concrete vaults, and all appurtenances
pertaining to said water service, as now installed in
Parcel B; and
(b) Approximately 30 lineal feet of 6 inch ductile iron pipe, one
5 inch MFD fire hydrant assembly, one 6 inch self tapping gate
valve and all appurtenances pertaining to said fire water
main, as now installed in Parcel A,
TO HAVE AND TO HOLD the same to the GRANTEE and its successors
and assigns forever. The foregoing sale and delivery are
intended to transfer to GRANTEE all of GRANTOR' s interest in
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the foregoing described property now installed in Parcels A
and B, whether such property is correctly characterized as
realty or personalty.
This easement has been executed this � day of December ,
1984.
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� GRANTOR: •.... ,
� PACCAR Inc (SEAL) `���E�:`�Y `j�"��,
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� y _ Attest: �y.���
ll� i co z o � ��Zr/ Secretary i4
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STATE OF WASHINGTON ) . ,,,,,,
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COUNTY OF KING )
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On this day of December, 19$4, before me personally
appe ed Phi 11 i E.Gladfel ter and E. A. Carpenter, to me known to be
th nd Secretary, respectively, of PACCAR Inc , the
corporatio that xecuted the within and foregoing instrument, and
acknowledged the same 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 said
instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal, the day and year first above written.
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4*� r\,��e Ef[�ri��=',� � otary Public in and for th State
' �i q'�' �",�,'•,�=,, of Washington, residing at
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