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HomeMy WebLinkAboutE 9108190683 ' ��.E��FO� �ECORD AT REQUEST 0� PP-01.9-90 . .O�FI�E OF THE CITY CLERK �_;_Sr�.7 �. R�I'T4N MUNICIPAL BLDG. �� �'�='•`���'�`' - - 2fl0 Mlll AVE. S0. ��+=��t � i��, {=�{�t RENTON, WA 98055 EASEMENT AGREEMENT �E3��'Ec ::o }��s ��i"d�;�..tc,�_ �t:,�:�:i�•.��tt.3 THIS EASEMENT AGREEMENT (the "Easement" ) is made this�day of_��,����� " , 19 '�'�, by and between Renton School District No. 403 ( Grantor ) and the City of Renton, a municipal corporation of the State of Washington ( "Grantee" ) . RECITALS A. Grantor owns certain unimproved real property located in King County, Washington, as more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Property" ) . B. Grantee desires to acquire an easement for the purposes set forth herein (the "Easement" ) across a portion of the Property, which portion is more particularly described in � Exhibit B attached hereto and incorporated herein by this preference (the "Easement Area" ) and Grantor desires to grant � such an Easement , upon the terms and conditions set forth � herein. � NOW, THEREFORE, in consideration of the mutual agreements herein contained and other valuab7_e consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee agree as follows: AGREEMENT 1 . Grant and Purpose of Easement . Grantor hereby grants to Grantee a perpetual , non-exclusive easement over, on, across , along , upon and under the Easement Area, for purposes of constructing , operating , maintaining , repairing , and replacing a public roadway and for utility purposes. 2. Reservation of Rights . Grantor retains , in its ownership of the underlying fee, the right to use and occupy, and to grant or deny permission to other grantees to use or occupy the Easement Area for any other purpose, provided that such use or occupancy shall not interfere with Grantee ' s use of the Easement Area for the roadway and utility purposes herein grantea. EXClSE TAX 1`dt7T RE�UiRED _1_ Kin��Co,�Rec�r s ' 'sio� ���� � Deputy ' , . .. . , . 3. Duration of Easement . In the event that Grantee, or such other municipal corporation as may become Grantee ' s successor in interest , ceases to use the Easement Area £or roadway and utility purposes as described herein, as evidenced by abandonment, vacation or any other similar action, the Easement granted herein shall terminate. 4. Construction and Maintenance of Easement . Grantee shall be responsible for the design, construction, maintenance, repair, and safety of any roadway and utilities constructed within the Easement Area, which design, constructed within the Easement Area, which design, construction, maintenance, and repair shall be at no cost or expense to Grantor. Grantee shall be liable for, and shall pay throughout the term of its use , any and all taxes and assessments , if any, �r; levied on the Easement Area or any and all improvements � located thereon, any taxes or assessments on any property � interest created by this Easement as deemed by the County pp Assessor or other official of the State of Washington or � other taxing entity responsible therefor, and Grantee shall � otherwise fulfill all fiscal obligations required by law. 5. Indemnification. Grantee shall defend, indemnify, protect and hold harmless Grantor, Grantor ' s officials , employees , agents and representatives from and against any and all liabilities , causes of action , claims , liens , demands, costs , losses, expenses, harm and damages of any kind or character asserted or arising from, on account of, or in connection with this Easement (collectively, the "Liabilities" ) , including all attorneys ' fees, court costs and litigation expenses associated therewith, including without limitation, all Liabilities arising from, on account of , or in connection with: (a) Grantee ' s exercise of the rights , benefits and privileges granted to Grantee by this Easement or any breach of this Easement by Grantee; -2- 1 � � ' ' � (b) The acts or omissions of Grantee (and Grantee ' s officials , employees, agents, consultants, contractors , representatives , licensees or invitees) in or upon the Easement Area; and (c) Any damage to or failure of the roadway or utilities or other Grantee improvements (whether due to the acts or omissions of Grantee or from any other cause) resulting in any damage or injury to any person or property, or any interest of any person or entity whatsoever; provided, however, that nothing herein shall require Grantee to so indemnify and hold harmless Grantor to the extent of Grantor ' s gross negligence or the gross negligence of Grantor ' s officials, employees , agents , consultants , contractors, representatives or licensees. Such indemnification against Liabilities shall include � Liabilities asserted or arising from, on account of or in � � connection with any environmental law, including laws relating to fl � the transport or use of any "hazardous substances . " "Hazardous � Substances" shall mean any hazardous, toxic , or dangerous � � substance, material , waste, pollutant or contaminant which is , or becomes , regulated under any applicable local , state, or federal law, and any substance which, after release into the environment will , or may be reasonably anticipated to, cause death, disease , behavior abnormalities , cancer and/or genetic abnormalities . 6. Enforcement . Grantor and Grantee shall have the right to enforce the obligations, covenants , conditions, and rights imposed or granted by this Easement . The right to enforce this Easement shall include, without limitation, the right to maintain a proceeding at law or in equity against any person or persons who have violated or who are attempting to violate the covenants or conditions of this Easement . 7. Attorneys ' Fees . If any action is instituted to interpret or enforce this Easement , the prevailing party in such action, or in the appeal of such action (or if neither party wholly -3- prevails , the party that substantially prevails) , shall be entitled to have and recover all costs , fees and expenses incurred by the prevailing party in connection with such action ( including reasonable attorneys ' fees) and including without limitation any such fees , costs and expenses incurred in any and all bankruptcy proceedings, action or claims. 8. Notices. Al1 notices, requests , demands and other communications hereunder shall be in writing and shall be deemed to have been duly given (a) if personally delivered, on the date of delivery or (b) if mailed, three (3) business days after being deposited in the United States Mail in certified or registered form, return receipt requested, addressed to the other party at such address as a party shall designate. CY": � 9. Governing Law. This Declaration shall be governed by, oO,� construed and enforced in accordance with the laws of the � State of Washington. O — 10. Running Covenant. This Easement and each of the terms , Qi provisions , conditions and covenants herein shall run with the land and shall be binding upon and shall inure to the benefit of Grantor and Grantee and all persons or entities claiming under them, including their respective successors and assigns . -4- _ IN WITNESS WHEREOF, this Easement is executed as of the date and year set forth above. RENTON SCHOOL DISTRICT NO. 403 By ItS ���� ,�' �: CITY OF RENTON , �` 7 � r r � BY (� �. -`.� t `' r'-_ � Its Mayor s � � I _ � / CL� ATTE ST: ,��C��.�w � STATE OF WASHINGTON ) C leck � ) ss. � CCUNTY OF KING ) � I certify that I know or have satisia�tory �vidence that Q%�� � ' x��� is the person who appeared bFfore me, and said per on acknowledged that y � signed this instrument , on oath stated that�was authorized to execute the instrument and acknowledged it as the�,;,�,s�;r.�,���,�� of �,�Y;��r.�+� /�,s,�.��,� to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument . DATED: �,GL�eL� :,z/ � 19 Lr� �� . .� ,`� J (Se�1 or stamp) � /L�c�'.� CI�> Notary Pub ' c in and for the State of Washington, residing at � �77'y°�% My appointment expires //-/y/'� -5- STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that ���� C,�Uyy�� is the person who appeared before me, and said person acknowledged that��signed this instrument , on oath stated that he, was authorized to execute the instrument and acknowledged it as the � of -� ,to be the free and voluntary act of such part for the uses and purposes mentioned in the instrument . DATED: ��q(��-{� � , 19� (Seal or stamp) Notary blic in and for the State of �. Washing on, residing at �� � � My appointment expires �� CD O Q� � O Q� -6- EXHIBIT A PROPERTY DESCRIPTION That portion of the Northwest quarter of the Northwest quarter of the Northeast quarter of Section 20, Township 23 North, Range 5 East , W.M. , described as follows: Beginning at the northwest corner of said subdivision, said point being the true point of beginning, thence S 89 degrees 56 ' 37" E, along the northerly limits of said subdivision, a distance of 929 .67 feet to the northeast corner of said subdivision, thence � S O1 degrees 43 ' 38" W, along the easterly limits of said Osubdivision, a distance of 818. 33 feet thence S 71 degrees 05 ' 12" Q� W a distance of 109.48 feet to a point on the northeasterly O�O margin of the City of Seattle ' s Cedar River Pipeline right-of-way; thence N 44 degrees 20 ' 15" W along said Q� northeasterly margin , a distance of 1148. 20 feet to a point on the westerly limits of said subdivision; thence N Ol degrees 46 ' 02" E along said westerly limits , a distance of 33 . 14 feet to the true point of beginning . Containing 10. 39 acres , more or less . Subject to existing restrictions , reservations , and encumbrances of record. EXHIBIT B EASEMENT AREA That portion of the Northwest quarter of the Northwest quarter of the Northeast quarter of Section 20, Township 23 north, range 5 east , W.M. , King County, Washington, described as follows : Beginning at the Northwest corner of said subdivision: thence S 89 degrees 56 ' 37" E, along the north line thereof, a distance of 100.10 feet to a point on a curve, the radial center of which bears N 28 degrees 18 ' 04" W, a distance of 125 .00 feet ; � thence southwesterly, along a curve to the right , having a radius � of 125.00 feet , through a central angle of 28 degrees 21 ' 27" , an � arc distance of 61 .87 feet to a point of reverse curvature , the � radial center of which bears S 00 degrees 03 ' 23" W, a distance of � 25.00 feet; thence on a curve to the left , having a radius of �' 25.00 feet , through a central angle of 134 degrees 23 ' 38" , an arc distance of 58 .64 feet to a point on the northeasterly margin of the City of Seattle ' s Cedar River pipeline right-of-way, thence N 44 degrees 20 ' 15" W, along said right-of-way, a distance of 34. 10 feet to the west line of the hereinbefore described subdivision; thence N Ol degrees 46 ' 02" E, along said west line, a distance of 33. 14 feet to the point of beginning , -� � r - _. _.._. 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