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_ �''
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Grantor:Longacres Park.lnc.
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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. <�
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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 ��
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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.
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� 5. Grantor's Use of the Easement Area and Access bv Grantor Durin�
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.-� 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.
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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.
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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
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� My ommission expires � � �'
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� 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
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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.
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Page 2 of 2
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