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Home My WebLink AboutE 9612100310 ' , t . , WHEN RGCORDED RETURN TO: Project: R-2071,Boeing Customer Otiice of die City Clerk UTILITIES EASEMENT g � Renton Municipal Building Service"l�rainin Center F 200 Mill Avenue South Work Order# � ��-�� r" c� Renton,WA 98055 PID_ �, . c., Grantor.Lon�acres Park.Inc. ,� STR: 0 Street Intersection:SW l6th Street ;;y cn and Longacres Drive SW � -�/�-o�XA EC.F � � � 48" STORMWATER EASEMENT ; r z --� � 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 a municipality ("the City" herein), for the purposes hereinafter set forth, a �' nonexclusive perpetual easement, over, across and under the real property as depicted �' in Exhibit A hereto (the "Property"), in King County, Washington. � � '�"� Except as may be otherwise set forth herein the City's rights shall be exercised upon � � that portion of the Property depicted on Exhibit A and more particularly described in C � Exhibit B (the "Easement Area"). �2 � 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. 1. 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. Compliance with Laws and Rules. The City shall at all 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 shall cease all operations and notify Grantor. If the encountered or suspected hazardous substances are not the result of the acts or omissions of the City, Grantor shall, at its own expense, deternune if the material is hazardous, as determined by applicable law. If the material should prove to be 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 - 1 - � 33505.225/GB/101196 ��_��(� � r�y��5 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 Cit,y'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. 5. Grantor's Use of the Easement Area and Access b,y Grantor During � Construction. Grantor reserves the right to use the Easement Area for any purpose not � inconsistent with the rights herein granted, provided, that Grantor sha11 not construct or � maintain any building or other structure on the Easement Area which would interfere o 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 ,r„� Easement Area during periods in which the City is conducting construction or other c� 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 a11 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 thereon). With respect to a11 or any portion of the foregoing obligation which may be held to be within the purview of RCW 4.24.115, such obligation sha11 apply only to the maximum extent pernutted by RCW 4.24.115. 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 shall terminate and all rights hereunder sha11 revert to Grantor. - 2 - 33505.225/GB/101196 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 with a copy to: � Office of the General Counsel � The Boeing Company OP.O. Box 3707 - M/S 13-08 � Seattle, WA 98124-2207 � Phone: (206) 655-2405 �2 � To the City: City of Renton � � 200 Mill Ave. S. Renton, WA 98055 Attn: Storm Water Utility Phone: (206) 277-5548 Either party may change the address to which notices may be given by giving notice as above provided. 9. Access. The City sha11 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 sha11 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. 11. Successors and Assigns. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. - 3 - 33505.225/GB/101196 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 sha11 not waive Grantor's right to ternunate for any future breach or default. UATED o'�!D day of __ P��t P�g,�_, 1996. THE CITY: GRANTOR: City of Renton Longacres Park, Inc., a Washin ton Cor oration BY: -�-�� I'�'S: , se Tanner r , IT . - t r�i o i � t . � �-�" Q Attest: Marilyn�l. ersen, City Clerk � STATE OF WASHINGTON ) r,,,� ) ss. �p COUNTY OF KING ) Q� �� . t� On this� day of (/" C�-/�L 'Z,� , 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 da and year first above written. .---E CL-E.�.��--�� — Not ' lic in and for the State of Washington residing at My commission expires � ' 9 - 4 - 33505.225/GB/101196 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this �y�� day of �C��' , 1996, before me the undersigned personally appeared .sS�e T��n�-r to me known to be the r�,1 of the City of Renton, the municipality that executed the foregoing 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. . , a 2� � Not Public in an for the � State W shington residing a at ��Iti j�l'L-- � My commission expires � / � � � � � - 5 - 33505.225/GB/101196 EXHIBIT A [Drawing of whole piece of Property, showing Easement Area] O � � a a � � .�+ � � - 6 - 33505.225/GB/101196 _ . . . . . i � ,�� S. 1 /2 SEC. 24; T.23N.;, R.4E., � W.M. , „ �XIiIBIT � �z �.� � ' . . • N00'22 03 W � 0 = 26•4�'00" JQ•��, � u�� r N89'37 57"E <�` � R = 5 4 3.14' — —�i" �..��"� • L = 253.58' S . W. 16 TH �jT. �079.63' �� . � ao��. 0 = 16'24'S5"� ` ` �a�� _ , „ R = 603.14; � ��' ,./ � � - 02'39 35 ,�5 L = 172.80 R _ 28��4 N6`L� �� PROPOSED R.O.W. � g0• S87'43'33"E 0 = 37'28'51" g� $$� R = 960.00' �� Z L = 628.00' � � N6 569 N � SSMH ID#16-5 ' � � ., 1 � � � _ NO2'07'43'E t1� � �( � ».s6' c°� S15'42'49"W W � � 48.51' � � ° � - � � �- N9o•oo oo$w 31 �9. P A R C E L 1 � �, W *'� � `v � � W �2 Z N �2•S' � V� � � No� � Z � CT� � 2 S� THE BASIS OF BEARINGS FOF2 THIS MAP IS THE RECORD OF O O � 2S,Q�, SURVEY FILED IN BOOK 10 GF SURVEYS, PAGE 2. � J � � j 25.0' STORM SEWE� EASEMENT REFERENCE IS MADE TO THE FOLLOWING SURVEYS FOR � SECTION SUBDIVISION AND T1E INFORMATION: � 0 N21'43'39��E BOOK 10 OF SURVEYS. PAGE 2 � Q 307.16� BOOK 22 OF SURVEYS, PAGE 260 � O ALTA SURVEY BY HUGH GOLDSMI�1-I AND ASSOCIATES � � 0 = 04'S0�11" JOB �E 90148. DATED 9-17-90. � _ � � R = 2107.00� 800K 85 OF SURVEYS, PAGF 27 � Q L = 177.85' � � SSMH ID#16-6 �. „� � N6$$��6 LEGEND: AI I I I I I I = SSMH ID#16-7 � $ � EXISTING BRASS STREET MONUMENT � � I � I � I � � � PROPOSED STORM SEWER MANHOLE � PARCEL A m � �,�.��s��i�s3ca . ° m � . � �,\4pt W'VN /�� ate � GRA.PHIC SCALE ' , � � . � , s�� M�,�• Z ,00 p So ,00 zoo soo ; Drewn � J ' - �/ Checiced � � Number � '. �.�➢ Ia2�n�4�V 4�v ��e�.set � � IN I''EET � � �f��rALLA�y�• ename xi�w� 1 �nch = 100 ft �s 4J1 S E'T , _._.__ ��: . � �� i ---- --- — ��_' � EXHIBIT B [Description of easement area] O � � O O ,-1 � r-1 � � - 7- 33505.225/GB/101196 , �, . .Exhibit B : I PACIFIC 3025-112th Avenue N.E. P.O.Box C-97304 "� 1 Bellevue,WA 98009-9304 STORMWATER SEWER EASEMENT An easement for the operation and maintenance of a stormwater sewer system in the City of Renton, King County, Washington, in Section 24, Township 23 North, Range 4 East, W.M., said easement being on, under, over, and along a 25.00 foot wide strip of land lying 12.50 feet on each side of the following described centerline: � � COMMENCING at the north west corner of Parcel A as shown on the Record of Survey recorded �„� in Book 85 of Surveys at pages 27-27A, King County records; thence along the northerly boundary �y line of said Parcel A, N66°17'S6"E 35.69 feet;thence S87°43'33"E 67.88 feet; thence NO2°07'43"E O 11.96 feet; thence N81°57'27"E 43.10 feet; thence tangent to the preceding course along the arc of � a curve to the left having a radius of 603.14 feet and a central angle of 02°39'35", an arc length of � 28.00 feet; thence leaving said northerly boundary line S12°31'S9"E 113.38 feet; thence �•�1 S90°QO'00"E 33.85 feet to the POINT OF BEGINNING of this center(ine and easement; thence from � said POINT OF BEGINNING S21°43'39"W 307.16 feet; thence 568�40'S6"W 88.34 feet to a point � on the westerly line of said Parcel A at the westerly terminus of this centerline and easement, said point bearing SO4°53'21"E 395.38 feet from said north west corner of Parcel A. The sidelines of said 25.00 foot wide easement are to be prolonged or foreshortened at their termini and angle points so as to be contiguous with themselves, and with the boundary of said Parcel A. �� The Basis of Bearings for this description is the Record of Survey recorded in Book 85 of Surveys at pages 27-27A, King County records. ��tioH�1. g�� - � g c I 0 9 0 ��BfO u s�� 4/16 L.S. 27193 <<;�� 9/30/92 �. 3807SAN 1.LEG 3-3807-0101 TPC /�l/�L\O�l'� nnnn r__" i1n/♦ nnn c�� • r. - • `. • _ r � .-. - .- • ._I (`,.�..:.�oc \IJ