HomeMy WebLinkAboutE 9607220167 wHEN n«,�n��n r-Tur�•,To: RECEfVED T�IIS DAY
Office ot t •
Renton�t��._,.� .. .uilding
200 Mill A�'enue South
Renton,WA 98055 ��,� �� �� 0 7 �� tp�
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EASEMENT ~�' f � ' '��:' �F
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For and in consideration of One Dollar ($1.00) and other valuable consideration the
receipt of which is hereby acknowledged, THE BOEING COMPANY, a Delaware
corporation, acting by and through its division Boeing Commercial Airplane Group,
("Grantor" herein), hereby grants and conveys to The City of Renton, a municipality of
the State of Washington corporation ("Grantee" herein), for the purposes hereinafter
set forth a non-exclusive perpetual easement, over, across and under the real property,
in King County, Washington, as described in Exhibit A, such easement to take up the
portion of such property as is described in Exhibit B and depicted on Exhibit C (the
'Basement Area"), which such exhibits are attached hereto and incorporated herein by
� this reference.
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oThis 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.
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� 1. Purpose. Grantee sha11 have the right to construct, operate, maintain and repair
a motor control panel, architectural wa11, and railing, together with a11 necessary
appurtenances, in connection with the installation, operation, and maintenance of a lift
station.
2. Com�liance with Laws and Rules. Grantee shall at a11 times exercise its rights
� herein in compliance with a11 applicable laws and regulations.
�
�
3. Removal of Fill Material. In the event that Grantee encounters, or suspects that
A it has encountered any hazardous substances in the Easement Area in furtherance of its
� rights set forth in paragraph 1, Grantee sha11 cease a11 operations and notify Grantor. If
� the encountered or suspected hazardous substances are not the result of the acts or
� omissions of Grantee, Grantor shall, at its own expense, determine if the material is
� hazardous, as deternuned by applicable law. If the material should prove to be
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� hazardous, then the Grantor shall, at its own expense, remove, dispose, or otherwise
� handle such hazardous substances, as necessary, in accordance with applicable law, or
Y reroute the Easement Area, if possible. If hazardous substances are removed, Grantor
Q also shall provide substitute nonhazardous material to replace the removed material for
� Grantee to use in its operation, if necessary. Should the encountered or suspected
� material prove not to be hazardous, Grantee shall proceed with the operations at its
� own cost, with no recourse against the Grantor for the cost of schedule delays incurred
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" Page 1 of 9
29485.225/GB/050796
due to the delay in operation. If the encountered or suspected hazardous substances
are the result of the acts or omissions of Grantee, 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 Grantee's expense, and Grantee sha11 have no recourse against Grantor for the cost
of schedule delays incurred due to the delay in operation. Any environmental
mitigation requirements imposed as a result of the exercise of any right or obligation of
Grantee hereunder sha11 be the sole responsibility and expense of Grantee.
4. Grantee Use and Activities. Except as provided in Paragraph 1, Grantee shall
not use, or a11ow the use of, the Easement Area for any other purpose whatsoever.
Grantee sha11 exercise its rights under this Agreement so as to minimize, and avoid if
reasonably possible, interference with Grantor's use of the Easement Area as set forth
in Paragraph 5. Grantee shall, at all times, exercise its rights hereunder in a manner so
as to prevent bodily harm to persons (whomsoever) and damage to property
(whatsoever). Grantee shall maintain and repair the Easement Area (and
improvements thereon) as necessary to keep the same in a neat, clean and safe
condition.
5. Grantor's Use of the Easement Area and Access bv Grantor Durin�
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
r� with the exercise of the rights herein granted. Grantee sha11 make provisions
� satisfactory to Grantor for continued access by Grantor along, over and across the
r1 Easement Area during periods in which Grantee 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
0� action upon such notice to the other party as is reasonable under the circumstances.
6. Indemnitv and Insurance. Grantee agrees to release, 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 Grantee, costs,
expenses and reasonable attorneys' fees incurred by Grantor in defense thereof,
asserted or arising directly from, on account of, or in connection with Grantee's
negligent operation, maintenance and control of the Easement Area (and improvements
thereon) or willful misconduct in connection therewith. 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 shall apply only to the maximum extent permitted by
RCW 4.24.115. As between the parties and for purposes only of the obligations herein
Page2of9
29485.225/GB/050796
assumed, Grantee waives any immunity, defense or other protection that may be
awarded by any worker's compensation, industrial insurance or similar laws (including
but not limited to, the Washington Industrial Insurance Act, Title 51 of the Revised
Code of Washington).
7. Abandonment. The rights herein granted sha11 continue until such time as
Grantee 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 shall revert to
Grantor.
8. Notices. Notices required to be in writing under this Agreement shall 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: Boeing Commercial Airplane Group
P.O. Box 3707 - M/S 75-66
� Seattle, WA 98124-2207
;,p Attn: Manager of Planning &
� Leased Properties
� Phone: 237-1945
��
� with a copy to:
�
Ct�
Q� Boeing Commercial Airplane Group
P.O. Box 3707 - M/S 76-52
Seattle, WA 98124-2207
Attn: Group Counsel
Phone: 237-2682
To Grantee:
Attn:
Phone:
Either party may change the address to which notices may be given by giving notice as
above provided.
Page 3 of 9
29485.225/GB/050796
9. Access. Grantee shall have the right of reasonable access to the Easement Area
over and across adjacent lands owned by Grantor to enable Grantee to exercise its
rights hereunder, provided that Grantee sha11 compensate Grantor for any damage to
the Easement Area caused by the exercise of said right of access and the cost of any
repairs resulting therefrom at the actual customary cost of such repair.
10. No Warranties. The rights granted herein are subject to permits, leases,
licenses, and easements, if any, heretofore granted by Grantor affecting the Easement
Area. Grantor does not warrant title to its property and shall not be liable for defects
thereto or failure thereof. Any plans, specifications, or drawings (collectively,
"Submittal")provided by Grantee to Grantor pursuant to this Agreement are for
Grantor's informational purposes only. Any analysis, review or approval by Grantor,
or Grantor's failure to analyze, review or approve such Submittal (including failure to
discover any error or defect in such Submittal) shall not relieve Grantee of any of its
obligations under this Agreement. Grantor hereby expressly disclaims any and a11
warranties, express or implied, with respect to any such Submittal developed,reviewed
or approved by Grantor as a condition of this Agreement.
� 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.
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!°1 12. Termination; Relocation.
�
� 12.1 Grantor may require Grantee to relocate the easement granted hereby at
� any time and from time to time to another area of the Grantor's property, provided that
any such relocation sha11 be at Grantor's expense, and provided that any area to which
the easement is relocated shall be deemed the "Easement Area" for a11 purposes of this
instrument from the date of such relocation.
12.2 In the event Grantee 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 Grantee 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 ternunate Grantee'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 terminate for any future breach or default.
12.3 Upon termination of this Agreement and if requested by Grantor,
Grantee, at its sole cost and expense, sha11 remove from the Easement Area any and all
improvements thereon and restore the Easement Area to a condit�on as good or better
than it was prior to construction of said improvements.
Page 4 of 9
29485.225/GB/050796
12.4 No termination of this Agreement sha11 release Grantee from any liability
or obligation with respect to any matter occurring prior to such ternunation.
DATED , 1996.
Grantee: GRANTOR:
The City of Renton, Washington The Boeing Company,
by and through its division,
Boeing Commercial Airplane
Group
�
By: '°�`s,� By:
sse Tanner k . Yager
Its: Mavor Its: - esources
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ca �
fit Atoe� n,City Clerk
� Marilyn .
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Page5of9
29485.225/GB/050796
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
i�
On this�_�ay of , 1996, before me the undersigned personally
appeared Jack L. Yager to me known to be the person who signed as�ic� Di rector
-F�esi�er��-- Facilities Asset Management Organization of Boeing Commercial
Airplane Group, a division of THE BOEING COMPANY, 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 was duly authorized to execute the said
instrument.
WITNESS my hand and official seal hereto affixed the day and year first above
written.
__---
� Not ic in and for the
� State of Washington residing
8 at�=��dz.�.7`
,� My commission expires�1q7.
� � �
�
� STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
On this day of , 1996, before me the undersigned personally
appeared to me known to be the of THE CITY
OF RENTON, the municipal corporation that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said
municipal corporation, for the uses and purposes therein mentioned, and on oath stated
that he or she was duly authorized to execute the said instrurnent.
WITNESS my hand and official seal hereto affixed the day and year first above
written.
Notary Public in and for the
State of Washington residing
at
My commission expires
Page 6 of 9
29485.225/GB/050796
EXHIBIT A
THE BOEING COMPEINY SUBJECT PARCEL
LEGAL DESCRIPTION:
Those portions of Government Lots 1, 2 and 3 and the Southeast quarter of the Northwest quarter of
Section 8, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington
described as follows�
Beginning at the intersection of the south line of said Government Lot 3 with the easterly margin of Park
Avenue N. (also known as Secondary State Highway No. 2-A and Lake Washington Boulevard N.);
Thence North 00° 56' 41" East along said easterly margin, a distance of 1284.03 feet, to an intersection
with the southerly right-of-way line of Primary State Highway No. 1 (SR 405)North Renton Interchange
as condemned in King County Superior Court Cause Number 656127;
Thence South 89° 03' 19" East along said southerly right-of-way line, a distance of 15.00 feet, to the
beginning of a curve to the right from whence the center bears South 89° 03' 19" East, a distance of
527.62 feet;
� Thence northeasterly along said curve, a distance of 394.57 feet,to the point of tangency;
;,,�? Thence North 43°47' 34"East,a distance of 121.67 feet;
�
C Thence North 82° 04' S9"East,a distance of 48.41 feet;
�,�,� Thence South 46° 12' 26"East,a distance of 42.25 feet,to the westerly margin of Garden Street North in
�. the City of Renton;
� Thence leaving the southerly right-of-way line of said Primary State Highway No. 1, South 18° 00' 38"
� East along the westerly margin of Garden Street North, a distance of 1249.79 feet, to the beginning of a
curve to the righc witi:a:-w�:as�f 8cn.nn fP�±;
Thence southerly along said curve and said westerly margin, a distance of 275.03 feet, to a point of
tangency;
Thence South 00° 31' 42"West along said westerly margin,a dista�-�ce of 253.22 feet, to the scuth line�f
the Southeast quarter of the Northwest quarter of said Section 8;
Thence North 89° 28' 18" West along said south line and along the south line of said Government Lot 3
in said Section 8,a distance of 771.25 feet,to the point of beginning;
LESS that portion thereof described as follows:
Beginning at a point on the easterly margin of said Renton North Interchange of SR-405
opposite centerline station 0+95 of A-line, as shown on sheet 2 of 5 of plans thereof as
approved April 27, 1965, said point being on a 527.96 foot radius curve, the center of
which bears South 79° 32' 24"East;
Thence northeasterly along said easterly margin and said curve,a distance of 307.15 feet;
Thence North 43° 4 7' 34"East along said easterly margin, a distance of 121.67 feet, to an
angle point in said margin;
Thence North 82° 04' S9" East along said easterly margin, a distance of 19.34 feet, to a
line parallel with and 57.00 feet distant from, as measured at right angles, said centerline
of A-line;
'Thence South 43° 47' 34" West along said parallel line, a distance of 136.87 feet, to the
beginning of a curve to the left with a radius of 515.96 feet;
h:techservVegals�BECUPARC.DOC/
Thence southwesterly along said curve, a distance of 300.17 feet, to a point which bears
South 79° 32' 24"East from the point of beginning;
Thence North 79°32' 24"West, a distance of 12.00 feet,to the point of beginning; and
LESS that portion thereof described as follows:
Commencing at the intersection of the south line of said Government Lot 3 with tlle
easterly margin of Park Avenue North;
Thence South 89° 28' 18" East, along said south line of Government lot 3, a distance of
25.00 feet to the point of beginning;
Thence North 00° 56' 41"East, a distance of 3.63 feet;
Thence South 47° 48' S3" East, a distance of 5.46 feet, to an intersection with said south
line or said Government Lot 3;
Thence North 89° 28' 18" West, along said south line, a distance of 4.11 feet, to the point
of beginning; and
LESS that portion thereof described as follows:
Commencing at the intersection of the south line of said Government Lot 3 with the
� easterly margin of Park Avenue North;
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a� Thence North 00° 56' 41"East along said easterly margin,a distance of 497.03 feet;
� Thence South 89° 03' 24"East, a distance of 10.00 feet,to the point of beginning;
��
� Thence North 00°56'41"East, a distance of 66.49 feet;
� Thence South 03°46' 47"East, a distance of 24.28 feet;
� Thence South 00° 56' 41"West,a distance of 28.00 feet;
Thence Soath 08° �4' �2"�vest, :alis±�ac�o�i4.43 feet,to the point of'oegiru�itig.
h:techserv\f egals�BECUPARC.DOC/
EXHIBIT B
Permanent sanitary sewer easement across Boeing�roperty(described in Exhibit A�
Commencing at the intersection of the south line of Government Lot 3 of Section 8, Township 23 North,
Range 5 East, W.M., King County, Washington, with the easterly margin of Park Avenue North (also
known as Secondary State Highway No. 2-A and Lake Washington Boulevard N.)
Thence South 89° 28' 18" East, along said south line of Government Lot 3, a distance of 25.00 feet, to
the point of beginning;
Thence North 00° 56' 41"East, a distance of 2.00 feet;
Thence South 89° 28' 18"East,a distance of 27.00 feet;
Thence South 00° 56' 41" West, a distance of 2.00 feet, to an intersection with the south line of said
Government Lot 3;
Thence North 89° 28' 18"West along said south line,a distance of 27.00 feet,to the point of beginning;
LESS that portion lying within the following described parcel in Government Lot 3 of Section 8,
Township 23 North, Range 5 East, W.M., King County, Washington;
Commencing at the intersection of the south line of said Government Lot 3 with the
easterly margin of Park Avenue North;
� Thence South 89° 28' 18" East, along said south line of Government Lot 3, a distance of
� 25.00 feet,to the point of beginning;
� Thence North 00° 56' 41"East,a distance of 3.63 feet;
� Thence South 47° 48' S2" East, a distance of 5.46 feet, to an intersection with said south
� line of said Government Lot 3;
`� "Thence North 89° 28' 18" West, along said south line, a distance of 4.11 feet,to the point
� of beginning.
Temporar��ingress/egress easement across Boeing propertv(described in Exhibit AL
Commencing at the intersection of the south line of Government Lot 3 of Section 8, Township 23 North,
Range 5 East, W.M., King County,Washington,with the easterly margin of Park Avenue North;
Thence South 89°28' 18"East, along said south line of Government Lot 3,a distance of 25.00 feet;
Thence North 00° 56' 41"East,a distance of 102.00 feet,to the point of beginning;
Thence continuing North 00° 56' 41"East, a distance of 28.00 feet;
Thence South 89° 03' 19" East, along a line at right angles to the previous given bearing, a distance of
33.00 feet;
Thence South 00° 56' 41"West, a distance of 46.00 feet;
Thence North 89° 03' 19"West,a distance of 28.00 feet;
Thence North 00° 56' 41"East, a distance of 18.00 feet;
Thence North 89° 03' 19" West, a distance of 5.00 feet,to the point of beginning.
Temporary ingress/egress easement shall expire July 31, 1997.
h:techservUegais�BECUPARC.DOC/
' THE BOEING COIvIPANY SUBJECT PARCEL
EXHIBIT C Sheet 1 of 2
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vti`�Y o,� SANITARY SEWERS � 8�� 16 0 0
+ � � D. Christensen
"�� R. MacOnie, D.Vi:ne:ki
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SANITARY SEWER EASEMENTS
EXHIBIT C Sheet 2 of 2
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� Temporary Ingress/Egress Easement Gti`tY o�, SANITARY SEWERS
• D. CFuistensen
� Permanent Sanitary Sewer Easement ,�=` � R. MacOnie, D.Visne:ki
��O 18 June 1996