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� AGREEMENT AND EASEMENT FOR DRAINAGE CHAi�7NE� - " ' � - -
THIS AGREEMENT made this ���_ day of lggg,
between PUGET WESTERN, INC. , a Washington c poration Puget
Western" herein) , and CITY OF RENTON, ( "Grantee" herein)
;
WHEREAS, Puget Western is the owner of a parcel of land in
the Northeast quarter of Section 24, Township 23 North, Range 4
East , W.M. , King County, Washington; and
� WHEREAS, Grantee desires an easement for a drainage channel
� across Puget Western' s land at a location more specifically
�� described herein below;
O
� NOW THEREFORE, in consideration of Ten Dollars ($10.00) and
� other good and valuable consideration in hand paid receipt of
d' which is hereby acknowledged, and in consideration of the
� performance by Grantee of the covenants , terms and conditions
� hereinafter set forth, Puget Western hereby grants, conveys and
quitclaims to Grantee the following easement :
A. A nonexclusive perpetual easement over, across, along,
in, upon and under that portion of Puget ' s Western' s land I
described in Exhibit "C" attached hereto and by this reference
made a part hereof for the purposes of installing, constructing, '
operating, maintaining, removing, repairing, replacing and using a
drainage channel, together with the nonexclusive right of ingress
to and egress from said portion of Puget Western' s land for the �
foregoing purposes ;
The terms "Easement" and "Easement Area" in this instrument '
refer to the easement herein granted on Puget Western' s Property
described in Exhibit "C" .
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 . Cost of Construction and Maintenance. Grantee shall
bear and promptly pay all costs and expenses of construction and
maintenance of the drainage channel .
2. Compliance with Laws and Rules . The Grantee shall
construct , maintain and use the drainage channel in accordance
with any statute, order, rule or regulation of any public
authority having jurisdiction.
3 . Use of the Easement Area by Puget Western. Puget
Western reserves the rights to develop and use the lands
encumbered by this easement for any purpose not inconsistent with
the rights granted herein. Puget Western reserves the right to
construct improvements, such as buildings, parking and
landscaping, over portions of the Easement Area upon securing the
consent of Grantee, which consent Grantee agrees shall not be
unresonably withheld, having due regard to Grantee ' s facilities .
In no event shall Puget Western be alI.owed ta construct a building
at grade over the box culvert .
Puget Western shall not be liable for any lass or damages to
Grantee ' s facilities resulting from Puget Western' s use of the
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due to negligent acts or omissions of Puget Western. Puget
Western agrees to use reasonable care.
4. Termination for Cessation of Use . In the event Grantee
ceases to use the drainage channel for its intended use for a
period of five (5 ) successive years, this Agreement and all
Grantee ' s rights hereunder shall terminate and revert to Puget
Western. I
1% EX'i,1SE TAX NOT REQUIRE�i �
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" �AGREEMENT AND EASEMENT FOR DRAINAGE CHANNEL '
PUGET WESTERN, INC. - CITY OF RENTON
5. Release of Drainage Channel on Termination . No
termination of this Agreement shall release Grantee from any
liability or obligation with respect to any matter occurring prior
to such termination, nor shall such termination release Grantee
from its obligation and liability to remove the drainage channel
facilities from Puget Western' s parcel and restore the ground .
6. Removal of Drainage Channel on Termination. Upon any
termination of this Agreement, Grantee shall promptly remove from
the Easement Area its drainage channel facilities and restore the
ground to the condition now existing or, in the alternative, take
� such other mutually agreeable measures to minimize the impact of
� the drainage channel on Puget Western' s Property. Such work,
removal and restoration shall be done at the sole cost and expense
Q of Grantee and in a manner satisfactory to PUget Western. In case
� of failure of Grantee to so remove the drainage channel
� facilities, restore the ground or take such other mutually agreed
� upon measures, Puget Western may, after reasonable notice to
�o Grantee, remove the drainage channel facilities, restore the
ground or take such measures at the expense of Grantee, and Puget
Western shall not be liable therefor .
7• Third Party Rights . Puget Western reserves all rights
with respect to its property including, without limitation, the
right to grant easements, licenses and permits to others subject
to the rights granted in this Agreement .
8. Release and Indemnity. Grantee does hereby release,
indemnify and promise to defend and save harmless Puget Western
from and against any and all liability, loss, cost, damage,
expense, actions and claims, including costs and reasonable
attorney' s fees incurred by Puget Western in defense thereof,
asserted or arising directly or indirectly on account of or out of
( 1 ) acts or omissions of Grantee and Grantee ' s servants, agents,
employees, and contractors in the exercise of the rights granted
herein, or ( 2) acts and omissions of Puget Western in its use of
Puget ' s Property which affect Grantee' s employees , agents,
contractors , and other parties benefiting from said drainage
channel ; provided, however, this paragraph does not purport to
indemnify Puget Western against liability for damages arising out
of bodily injury to persons or damage to property caused by or
resulting from the sole negligence of Puget Western or Puget
Western' s agents or employees .
9. Title . The rights granted herein are subject to
permits, leases, licenses and easements, if any, heretofore
granted by Puget Western affecting the property subject to this
Agreement . Puget Western does not warrant title to its property
and shall not be liable for defects thereto or failure thereof .
10. Notices . Unless otherwise provided herein, notices
required to be in writing under this Agreement shall be given as
follows :
If to Puget Western: Puget Western, Inc .
One Bellevue Center, Suite 1100
411 - 108th Avenue N.E.
R�.i i .. ..,A �n�,� �
__ ___ . __, ,... �,,.,., .
If to Grantee : City of Renton
200 Mill Avenue So.
Renton, WA 98055
ATTI�: Director Public Works
Notices shall be deemed effective, if mailed, upon the second day
following deposit thereof in the United States Mail , postage
prepaid, certified or registered mail, return receipt requested,
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� AGREEMENT AND EASEMENT FOR DRAINAGE •
PUGET WESTERN, INC. - CITY OF RENTON
oz upon delivery thereof if otherwise given. Either party may
change the address to which notices may be given by giving notice
as above provided .
11 . Successors . The rights and obligations of the parties
shall inure to the benefit of and be binding upon their respective
successors and assigns .
12. Liability. In the event of any assignment of the rights
hereunder , the liability of Grantee and its assignees shall be
Ojoint and several .
0 EXECUTED as of the date hereinabove set forth.
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� ACCEPTED: I
�
� CIT OF RENTON PUGET WESTERN, INC.
By gy /C ,
Ear C1 mer, ayor President
ATTEST: ,¢J
Maxine �. Motor, CMC, City Clerk
STATE OF WASHINGTON )
) SS .
COUNTY OF KING )
On this �� � day of ��,��:,y , 1988, before me, the
undersigned, personally appeared W. E. WATSON, to me known to be
the President of PUGET WESTERN, INC. , the corporation that
executed the 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, and on oath stated that
he is authorized to execute the said instrument .
WITNESS my hand and official seal hereto affixed the day and
year above written.
_ ---.�---� _ _ _ --�' . .
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���' �. Notary Public in and for the �State o
� - . . Washington, residing at �,;t�
� � My commission expires � - iy - �ic
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C I TY OF RENTON �.�p�"�r,!i l�: �
PUGET NESTERN .
TARGET SURVEYORS, INC. �
Job No. 86-16B
January 28, i9gg
(Puget Western Property) �
(PARCEL 'C`)
LEGAL DESCRIPTION
� That portion of said �outhwest quarter (SW4) of the �ortheast quarter (NE4) and
� northwest quarter (N�t ) of the southeast quarter (SE ) of Section 24, Township 23
� North, Range 4 East, W.M. described as follows:
�
H Commencing at a concrete monument in case which marks the east quarter corner of
� said section;
� Thence north 0°35'S3" east along the east line of said section a distance of
� 245.37 feet to the southerly margin of State Route 405 as approved October 31,
1961;
Thence south 86°19'S1" west along said margin a distance of 1340.63 feet to an
intersection with the east line of said subdivision and the TRUE POINT OF
BE6INNING;
Thence continuing south 86°19'S1" west along said margin a distance of 100.00
feet, a point which is 140.98 feet southwesterly of the centerline of proposed
Oakesdale Avenue S.W, as measured at right angles thereto, as said centerline is
shown on the plans entitled "Oakesdale Avenue S.W. improvements, S.W. 16th street
to S.W. Grady Way", dated September 25, 1987, as prepared by CH2M Hill for the
City of Renton;
Thence south 28°45'31" east parallel to said cent�rline, a distance of 201.31 fe�t
to the easterly line of the northwest quarter (NW ) of the southeast quarter (SE )
of said section;
Thence north 0°55'53" east along said subdivision line a distance of 78.60 feet to
the northeast corner of said subdivision;
Thence north 0°53'49" east a�ong the easterly line of the southwest quarter (SW4)
of the northeast quarter (NE ) of said section a distance of 104.36 feet to the
POINT OF BE6INNING.
The bearings and distances herein refer to the certain survey entitled "Oakesdale
Avenue Southwest Control and Topographic Survey" for the City of Renton sheets one
through three dated April 20, 1986 under Job No. 86-16 and also shown on Exhibit
Map No. 1 which by this reference is made a part hereof.
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