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HomeMy WebLinkAboutE 9612100312 � ' WHEN RECORDED RETURN TO: � . Project: W-2071,Boeing Customer �, Oftice of the City Cierk UTILITIES EASEMENT Service Training Center U Renton Municipal Building C� 200 Mill Avenue South Work Order# ���7� �=? Renton,WA 98055 PID_ �'' � iu Grantor:Longacres Park.lnc. STR: �-� i-o Street Intersection:North of SW ;' c� 16[h Street between Oaksdale `=' r Avenue S W and Longacres Drive � S W `OD �C � c> � 0 c z EASEMENT � � (north side of SW 16th Street) � � .;� �n a w- O For and in consideration of Ten Dollars ($10.00) and other valuable consideration the � receipt of which is hereby acknowledged, LONGACRES PARK, INC., a Washington corporation, ("Grantor" herein), hereby grants and conveys to the CITY OF RENTON, a municipality ("the City" herein), for the purposes hereinafter set forth, a �� nonexclusive perpetual easement, over, across and under the real property described in ' � Exhibit A hereto (the "Property"), in King County, Washington. flExcept as may be otherwise set forth herein the City's rights shall be exercised upon � that portion of the Property (the "Easement Area") described as follows: ' � ; �; � That strip of land measuring fifteen feet in width located on the north side of` " � � � S.W. 16th Street, as depicted on Exhibit B, and containing the water pipeline. CT� � This easement is granted subject to and conditioned upon the following terms, , conditions and covenants which the City hereby promises to faithfully and fully observe and perform. <� �� l. Pur�ose. The City shall have the right to construct, operate, maintain, repair, replace and enlarge the water pipeline together with a11 necessary or convenient appurtenances therefor. 2. Com�liance with Laws and Rules. The City sha11 at a11 times exercise its rights herein in accordance with the requirements (as from time to time amended) and a11 applicable statutes, orders, rules and regulations of any public authority having jurisdiction. 3. Removal of Fill Material. In the event that the City encounters, or suspects that it has encountered any hazardous substances in the Easement Area in furtherance of its rights set forth in paragraph 1, the City sha11 cease a11 operations and notify Grant�r. If the encountered or suspected hazardous substances are not the result of the acts or omissions of the City, Grantor sha11, at its own expense, deternune if the material is hazardous, as determined by applicable law. If the material should prove to be 33505.225/GB/101196 � !��� /J - 1 �� �����-�� � hazardous, then the Grantor sha11, at its own expense, remove, dispose, or otherwise handle such hazardous substances, as necessary, in accordance with applicable law, or reroute the Easement Area, if possible. If hazardous substances are removed, Grantor also sha11 provide substitute nonhazardous material to replace the removed material for the City to use in its operation, if necessary. Should the encountered or suspected material prove not to be hazardous, the City shall proceed with the operations at its own cost, with no recourse against the Grantor for the cost of schedule delays incurred due to the delay in operation. If the encountered or suspected hazardous substances are the result of the acts or omissions of the City, Grantor's characterization of the substances involved and any removal, disposal or other handling costs incurred in connection with the removal, disposal or handling of the hazardous substances will be at the City's expense, and the City shall have no recourse against Grantor for the cost of scheduled delays incurred due to the delay in operation. 4. The Citv's Use and Activities. The City shall exercise its rights under this � Agreement so as to minimize, and avoid if reasonably possible, interference with � Grantor's use of the Property as set forth in Paragraph 5 herein. t'� � 5. Grantor's Use of the Easement Area and Access bv Grantor Durin� O .-� Construction. Grantor reserves the right to use the Easement Area for any purpose not � inconsistent with the rights herein granted, provided, that Grantor shall not construct or � ;,� maintain any building or other structure on the Easement Area which would interfere � with the exercise of the rights herein granted. The City shall make provisions satisfactory to Grantor for continued access by Grantor along, over and across the Easement Area during periods in which the City is conducting construction or other activities. In the event of an emergency requiring immediate action by either party for the protection of its facilities or other persons or property, such party may take such action upon such notice to the other party as is reasonable under the circumstances. 6. Indemnitv. The City agrees to indemnify and hold harmless Grantor, Grantor's directors, officers, employees, agents, servants and representatives from any and all actions, liabilities, demands, claims, suits,judgments, liens, awards, and damages of any kind or character whatsoever (hereinafter referred to as "Claims"), including claims for death or injury to employees of the City, costs, expenses and reasonable attorneys' fees incurred by Grantor in defense thereof, asserted or arising directly or indirectly from, on account of, or in connection with the City's operation, maintenance and control of the Easement Area (and improvements therean). With respect to all or any portion of the foregoing obligation which may be held to be within the purview of RCW 4.24.115, such obligation shall apply only to the maximum extent permitted by RCW 4.24.115. - 2 - 33505.225/GB/101196 7. Abandonment. The rights herein granted sha11 continue until such time as the City ceases to use said Easement Area for a period of five (5) successive years, in which event this easement sha11 terminate and a11 rights hereunder sha11 revert to Grantor. 8. Notices. Notices required to be in writing under this Agreement sha11 be personally served or sent by U.S. mail. Any notice given by mail sha11 be deemed to have been received when three days have elapsed from the time such notice was deposited in the U.S. mail addressed as follows: To Grantor: Longacres Park, Inc. c/o Boeing Commercial Airplane Group P.O. Box 3707 - M/S 2R-71 � Seattle, WA 98124-2207 �„� Attn: Manager of Planning & � Leased Properties � Phone: 544-5985 fi � � with a copy to: � � Office of the General Counsel The Boeing Company P.O. Box 3707 - M/S 13-08 Seattle, WA 98124-2207 Phone: (206) 655-2405 To the City: City of Renton 200 Mill Ave. S. Renton, WA 98055 Attn: Water Utility Phone: (206) 277-5539 Either party may change the address to which notices may be given by giving notice as above provided. 9. Access. The City shall have the right of reasonable access to the Property over and across adjacent lands owned by Grantor to enable the City to exercise its rights hereunder, provided that the City shall compensate Grantor for any damage to the Property caused by the exercise of said right of access. 10. Title. The rights granted herein are subject to permits, leases, licenses, and easements, if any, heretofore granted by Grantor affecting the Property. Grantor does not warrant title to its property and sha11 not be liable for defects thereto or failure thereof. - 3 - 33505.225/GB/101196 11. Successors and Assigns. The rights and obligations of the parties sha11 inure to the benefit of and be binding upon their respective successors and assigns. 12. Termination for Breach. In the event the City breaches or fails to perform or observe any of the terms and conditions herein, and fails to cure such breach or default within ninety (90) days of Grantor's giving the City written notice thereof, or, if not reasonably capable of being cured within such ninety (90) days, within such other period of time as may be reasonable in the circumstances, Grantor may terminate the City's rights under this Agreement in addition to and not in limitation of any other remedy of Grantor at law or in equity, and the failure of Grantor to exercise such right at any time shall not waive Grantor's right to ternunate for any future breach or default. � DATED �iNP day of DE���r3�.' , 1996. � 0 THE CITY: GRANTOR: � � City of Renton Longacres Park, Inc., �„� a Washin ton Cor oration � � � BY: -°'....,e-- ITS: ayor I - l ATTEST: Marilyn J. P rsen, City Clerk - 4 - 33505.225/GB/101196 STATE OF WASHINGTON) ) ss. COUNTY OF KING ) ,`2�� �^� / On this,-�day of �'C� c=-C�.�'n-- " , 1996, before me the undersigned personally appeared J. J. NELSON to me known to be the Vice President of LONGACRES PARK, INC., the corporation that executed the foregoing instrument, and acknowledged the 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 authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. �� ` �"--� � ,.,�--- n2 Not ' c in and for the � State of Washington residing t'7 O a _ � My ommission expires � � �' � C�2 � tD � STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this � h c� day of P,C�an Pi�, 1996, before me the undersigned personally appeared �sse T�h?�e� to me known to be the of the City of Renton, the municipality that executed the foregoin 'nstrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipality, 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 first above written. � No Public in d for the State of Was ington residing at�%.r� �3'�-- My commission expires G�- - 5 - 33505.225/GB/101196 � � : I PACIFIC � cx����r � � _ .-. . . 3025-11�th Avenue N.E. P.O. Box G97304 Bellevue,WA 98009-9304 J44 .. !s ... �_ ' vv� WATER EASEMENT CSTC SUPPORT FACILITIES An easement for the operation and maintenance of a water supply system in a portion of the N.E 1/4, and the S.E 1/4 of Sec.24, T.23N., R.4E., W.M., City of Renton, King County, Washington, being on, over, under and along a strip of land 15.00 feet in width lying 7.5 feet on both sides of the following described centerlines, which follows the lines of existing waterlines, and are more particularly described as follows: Commencing at the S.E. corner of Parcel I, as shown on said Parcel Description Exhibit, as recorded � in Book 85 of Surveys at page 27-27A, records of King County, Washington; thence S89°37'S7"W r) 622.94 feet along the northerly line of S.W. 16th Street, to the TRUE POINT OF BEGINNING; Othence leaving said southerly line from the TRUE POINT OF BEGINNING N00°00'00"E 54.03 feet; thence N45°00'00"E 35.28 feet; thence N67°30'00"E 68.02 feet; thence N78�45'00"E 49.32 � feet to a point hereinafter referred to as point "A"; thence N78°45'00"E 83.21 feet; thence �j N88°00'00"E 110.52 feet, to a point hereinafter referred to as point "B"; thence N88°00'00"E 15.16 � feet; thence N67°30'00"E 26.55 feet, to a point hereinafter referred to as point "C"; thence � N67°30'00"E 98.15 feet; thence N45°00'00"E 15.12 feet, to a point hereinafter referred to as point � "D"; thence N45°00'00"E 15.55 feet; thence N90°00'00"E 108.16 feet, to a point hereinafter referred to as point "E"; thence N90°00'00"E 17.86 feet; thence S42°30'27"E 10.51 feet; thence �, S00°11'33"W 192.98 feet to the southeasterly terminus of said centerline and easement. Also BEGINNING at a point herein before referred to as point "A"; thence from said POINT OF BEGINNING N10°45'27"W 30.95 feet to the northerly terminus of this centerline and easement. Also BEGINNING at a point herein before referred to as point "B"; thence from said POINT OF BEGINNING N00°00'00"W 61.70 feet to the northerly terminus of this centerline and easement. Also BEGINNING at a point herein before refened to as point "C"; thence from said POINT OF BEGINNING N19°12'25"W 56.58 feet to the northwesterly terminus of this centerline and easement. Also BEGINNING at a point herein before referred to as point "D"; thence from said POINT OF BEGINNING N45°00'00"W 33.89 feet to the northwesterly terminus of this centerline and easement. Also BEGINNING at a point herein before referred to as point "E"; thence from said POINT OF BEGINNING N00°00'00"W 28.99 feet; to the northerly terminus of this centerline and easement. The sidelines of these easements are to be prolonged or foreshortened at their terminii and angle points so as to be contiguous with each other and the northerly line of S.W. 16th Street. Page 1 of 2 (2061 827-0?20 Fax i�06)822-53d1 Planning•En�ineering•SurveyinQ•Landscape Desi�n•Environmental Services � � � �.�. . � � � �x��a,T A � Also easements for the operation and maintenance of a water supply system in a portion of the S.E 1/4 of Sec.24, T.23N., R.4E., W.M., City of Renton, King County, Washington, being on, over, under and along the following described parcels of land, the perimeters of which are described as follows: Commencing at the S.E. corner of Parcel I, as shown on Parcel Description Exhibit, as recorded in Book 85 of Surveys at page 27-27A, records of King County, Washington; thence S89°37'S7"W 238.32 feet along the southerly line of Parce( I, as shown on said Parcel Description Exhibit, to the TRUE POINT OF BEGINNING; thence leaving said southerly line from the true point of beginning N00°00'00"E 7.49 feet; thence N90°00'00"W 2.34 feet; thence S00°00'00"E 1.50 feet; thence S90°00'00"W 29.00 feet; thence N00°00'00"E 18.00 feet; thence N90°00'00"E 29.00 feet; thence S00°00'00"E 1.50 feet; thence N90°00'00"E 8.55 feet; thence S45°00'00"E 12.43 feet; thence � S00°00'00"E 13.61 feet to the southerly line of said Parcel I; thence westerly along said southerly � line of Parcel I, S89°37'S7"W 15.00 feet to the TRUE POINT OF BEGINNING. M OAlso commencing at the S.E. corner of Parcel I, as shown on Parcel Description Exhibit, as � recorded in Book 85 of Surveys at page 27-27A, records of King County, Washington; thence � S89°37'S7"W 145.62 feet along the southerly line of Parcel I, as shown on said Parcel Description �"� Exhibit, to the TRUE POINT OF BEGINNING; thence leaving said southerly line from the TRUE � POINT OF BEGINNING N00°00'00"E 21.61 feet; thence N90°00'00"E 16.00 feet; thence � S00°00'00"E 21.61 feet to the southerly line of said Parcel I; thence westerly along said southerly line of Parcel I, S89°37'S7"W 16.00 feet to the TRUE POINT OF BEGINNING. Also commencing at the S.E. corner of Parcel I, as shown on Parcel Description Exhibit, as recorded in Book 85 of Surveys at page 27-27A, records of King County, Washington; thence S89°37'S7"W 70.32 feet along the southerly line of Parcel I, as shown on said Parcel Description Exhibit, to the TRUE POINT OF BEGINNING; thence leaving said southerly line from the TRUE POINT OF BEGINNING N00°00'00"E 14.05 feet; thence N45°00'00"E 12.43 feet; thence N90°00'00"E 14.02 feet; thence N00°00'00"E 1.50 feet; thence N90°00'00"E 28.00 feet; thence S00°00'00"E 18.00 feet; thence N90°00'00"W 28.00 feet; thence N00°00'00"E 1.50 feet; thence N90°00'00"W 7.81 feet; thence S00°00'00"E 7.74 feet to the southerly line of said Parcel I; thence westerly along said southerly line of Pazcel I, S89°37'S7"W 15.00 feet to the TRUE POINT OF BEGINNING. The Basis of Bearings for this description is the same as the Parcel Description Exhibit, as recorded in Book 85 of Surveys at page 27-27A, records of King County, Washington. � �* '»..��;;�r�� ��,�,�N I. G j� `:� � ��� �oE E� . ��. Page 2 of 2 411-94 3-2464-3808 2ng3 , ,�� _ . REWV1'RFS.IEG �S'. �� IS1'ERF� � � ' � �l� A �,�' � exa��Fs ={%15�, � ` � :. -. . .t.:�: :. � I •. Prmted on Recycled Paper GRAPHIC SCALE �w �� LEGEND � ° 'a 50 ,00 � ���o S • PIV �' �� � t fTT�\'���m� �V�1�U� ' T s�owo� ��tH I. g�� g wa�R vn�� ��t'��.oF��"���, � 1N FEE1' )� �ll i"6�'�� r 1 lnch = 50 � f1RE H19R/JIT •L (1 ,�oV;� 1�"� P.¢i� • SAN.QEqry W T b . "� �' •� ? �} � +� AIR RELEASE VALVE �2 93 Q'S' �WAIER VAULT S. ` � . � M STANp PIPE SJ�Y L L V yv Q WA7ER MANHOLE F�cc�Es QI�6, 5 r,t:-��..-.c�:. ...._ � � SENER MANHOLE f o �� 9 ZnF T $ U' SOD POINT�C Q = 5 � � � R ^ O / Jj �"� N9V00'pp'E 108.16' �77.86'� 3 ' CJ �-t- Be. 6� PoIM'p' 126_02' _"_ _ � � � Z ��ti',pF'� � m � � � � W I�I \\N� / 98�5 �� 54730'2TE � � X � j o�� r � -..� W z � 4 — ��' \ p6,24�0' / q I U is(ivr) VI /5S\� i � � � � �"' �� N8800'OO�E 110.52' 15.16' �' / c�i �-- W �� L �E e.z1• —,zs.sa• — _� I Z p � � N7645' - - - - �.9.ST� 13253�� POIM'C � — �M�� 25-02 13 m � a _ /� /�� W � W /So'oa%� n W � - ./ N610gp2�-- . . 'PoINT"A"--' - -- _ . - - - - I��rl � � / PARCEL I g�'I W �� ( N H �2,�y0/ 15' WATER UNE EASEMENT I� U Q 25-03 � I 3 W � WATER EASEMENTS = , �go � i � � ��I WATER EASEMENT • � � ).S I � 589'37'SYW �� I � — — �' �] ol;l;lllll P.QB. \ � 7530' � 70.32' � P.Oe P.O.B. ��IaI I I I I _'_'_"_'_" _ ' P.O.B ,. .. , x � — — ---._... . � -- _-----z�z•------____-----------/ ;A � � � — ------_... __ - W —--- — --- -- — - -- � � O � \— � a N � ----... 622.94' - � C o � __ p 3 j _ _ S_W. >6TH STREET s.E CORNEF2 PARCEL I ' �� — � Date i Scele �-50' Dgrawn�d�— Checked rove�— Dwg. Number _ '��(!-I 1 l31 T f3 s-z,a.-xoe FYlename�i� ��- SHEET � or� � � ?'TEUt������ _ � ��.� � __ , _i - A: . . . ' � �� ' � GRAPHIC SCALE �z � � LEGEND 50 ° '-� � ,00 � � �,�,o � 0 j'.����'�1'-ja��1.;3. ~,d�� � • PIV '--'-��i;� r t BLOWOFF �l��H I. (i��� � IN FEE"P � v�c�� • ,g ����QF K'ASI� <�� .:, �o°' " WATER VALVE 1 Snch = 50 �, ��'� � � �� � �� C�J O^'"i � FIRE HYDRANT n ,����� 1��■■� i � • SAN. CLEAN OUT � � �� � AIR RELEASE VALVE 2 y3 .�� � WATER VAULT �s+ �� STE � �/ • �Sf v',! • � �E STAND PIPE �� L L L�� � O eX�i��s 4'�16. � — � WATER �AANHOLE �`,�t�ll�tit*a.•�._�....� �► � � SEWER MANHO�E z O � R � yA o � `SO� PalNT "E" � 0 2 Ops m � _ V '— � Q � �O �� �,� h N90'00'00"E 7 08.16'_ 17.86'�a � 3 `'�� C� �9- ,�`�� POINT "D� 126.02' �3`i, � i'� J� � — — — ' � � Z �h1ry'h�� � m �\ d + W � o ��a 98�� p�� S4730�27"E 1 �- \�r N / �h I p >C � I �`° I � �1 �°°� � J W ? � V N6? ��0' / �• � Q �p �5' t�) I i �2�' I � a � � � _ _--J �J � � � o' �N,�1 � N88'00'00'E 110.`�2_ 15.16' 265 �'� l� 45 E �.21' _ 125.68— -- --� ( V � W I � O ` �9.32' �, N7g`_� —_ � POINT "C' m � v I � _ Po��, ��- 25 -02 I� � W � � o� �-- �M'�I � v, W / �6g Z/. -POINT`A- PARCEL I N � � �. $ °' �,��b IN I) � W � V H ti� 15' WATER LINE EASEMENT Q ( 25 — Q3 � ( 3 I o � WATi R EASEMENTS - Z I � I � � �I � � Z WATER EASf=MENT � � � i.s• I 58537'S7"W • �t �� .y a� rn --- AI�I;I I I I I \ P.O.B. 75.30' � � 70.32' � ��n I�( I I I I P.O.B. ` \ P.O.B. • P.0.6. r , � x ____........ ........ _ � ,.......... . ...... ............................. . .4. ...__. , ; a ~ �., — — ........_.....__.... ' z�a.�z� �' _... ... ..........._........_ . � _....... ......_......_......._...._...._...... . _.._....._................... ..; W _ _--. ......... ........_......... .. � — � ............._.... _. .......... ..._ \ .. N � O : W O . W � � ____ � = F -- -- ._---------------__--------_.___..__.__ � --.---__----------__.--_..�.----- 622_94' �a � -...___��_��.__.-----------.__._.____..._.,_�._-------...��__---__.._..' � 3 > S. W. > 6 TH S'I'REE T S.E CORNER PARCEL I a � � � �— Date t o a Scale_ t =50' �y� 3urveyed , Drawn TC Checked rove�— Dwg. Number ��` I ' 1�I � � 3-2464-38pB �'1 �16IIdIIlE WATREASE SHEET __ � � of�