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Home My WebLink AboutE 9709261702 � t w '�.! after Recording Return to � w � � Office of the City Clerk � __Citv of Renton kj' 200 Mill Avenue South g Renton, WA 98055 � � � � � s�.A ��. � UTILITY EASEMENT ,� J �� m �ti�� s. ��o�oG 99, ��. Reference n�am�ers of r2late� docurnents: None. �-�.ti� ,,�,,./'� � 'S� ,'�" ,�'° c., � Grantor: PACCAR Inc, a Delaware corporation w � � �l Grantee: City of Renton, A Washington municipal corporation O � •i . � Legal Description: South Half, Section 8, Township 23 North, Range 5 East, W.M. .1 � � Additional legal descriptions are on pages 2 and 7 of document. � Assessor's Property Tax Parcel Account Number(s): 722300001004 082305917005 �� ,��,��°"'�� u+o ow� � �q7-c�o�I J:\11PEG\CORUTES8.DOC - � - Vacated Houser Way N. Storm Drain (Relocated) Inspection Easement UTILITY EASEMENT PACCAR Inc ("GRANTOR"), in consideration of the sum of One Dollar ($1) and other valuable consideration, receipt of which is hereby acknowledged, hereby conveys and quitclaims unto the City of Renton, a Washington municipal corporation ("GRANTEE"), a nonexclusive easement to enter upon, operate, maintain, reconstruct, and inspect a public storm drainage pipe and associated manholes, upon GRANTOR'S land situated in the City of Renton, King County, State of Washington, described as follows: A sirip of land 15.G0 feet in width, across the south half cf Section 8, Township 23 North, Range 5 �ast, W.M., in the City of Renton, King County, Washington anci across portions of Renton Farm Acreage, as recorded in Volume 12 of Plats, page 37, and of Car Works Addition to the City of Renton, as recorded in Volume 15 of Plats, page 47, records of said county; said strip of land having 7.50 feet on each side of the following described centerline; Commencing at the south quarter corner of said Section 8, which point is a lead and tack as shown on the Record of Survey in Volume 58 of Surveys, Pages 249 & � 249A, under King County Recording No. 8712189002; thence S89°24'18"E, along � the soutn iine of said Section �, as shown on said survey, a disiance of 235.7'i feet •1 to an intersection with the southwesterly prolongation of the northwesterly right of � way margin of vacated Houser Way North; thence N23°50'20"E, along said � southwesterly prolongation, 32.27 feet to an intersection with the northerly right of � way margin of North 4th Street; thence continuing N23°50'20"E, along said :; northwesterly margin, 20.06 feet the TRUE POINT OF BEGINNING of the herein described centerline; thence N65°09'07"W, 18.20 feet; thence N23°55'12"E, 294.41 feet; thence N20°14'54"E, 300.57 feet; thence N00°55'38"E, 300.56 feet; thence N00°33'03"E, 300.93 feet; thence N41°57'07"W, 204.46 feet; thence N00°55'S0"E, 299.27 feet; thence N01°09'44"E, 299.90 feet; thence N01°08'03"E, 300.62 feet; thence N00°57'47"E, 169.01 feet; thence N59°19'33"W, 304.02 feet; thence ivo�'28`�v",vJ, 2y9.i4 i2Ei; ��ence S87°23'iy'"vV, ��i.23 �eet; t�ience tv8y°i3'Go"vJ, 296.00 feet; thence N00°32'35"E, 12.46 feet, more or less, to the southerly margin of N. 8th Street and the terminus of the herein described centerline, as such parcel is more particularly further shown on the map attached hereto as Exhibit A and by this reference incorporated herein. Said parcel is herein referred to as the "Easement Area." TO HAVE AND TO HOLD said easement unto GRANTEE and its successors and assigns forever, subject to the covenants and conditions hereof, which GRANTEE by its acceptance of this easement agrees to perform fully. �;"-C� ��,�� Sc�c'S J:\11PEG\CORUTES8.DOC - 2 ' 1. Subject only to the rights expressly granted in this easement, GRANTOR reserves all rights with respect to the Easement Area including, without limitation, the right to grant additional easements, licenses and permits therein to others; the right to install utilities and other fixtures or improvements over, upon, across and under the Easement Area; the right to install, operate and maintain any containment, treatment or monitoring system required respecting contamination in, or in the vicinity of, the Easement Area; and the right to locate structures with permanent foundations within the Easement Area; PROVIDED HOWEVER, that no surface structures shall be located within 5 feet horizontally of the utilities installed under this easement without GRANTEE'S prior written consent (which consent GRANTEE agrees not to withhold unreasonably). GRANTOR, in connection with any future change in use or redevelopment of its property further reserves the right to relocate the Easement Area and utilities installed therein to other iocations selected by GRANTOR; provided, that the expense of any such relocation shall be borne by GRANTOR and that such relocation shall not impair the operating capability of such relocated utilities (e.g., matters such as drainage inverts or capacities). GRANTOR shall not be liable to GRANTEE, or to GRANTEE'S employees, agents, contractors or users of GRANTEE'S property, for loss or injury resulting from any damage or destruction of GRANTEE'S facilities directly or indirectly caused by GRANTOR'S use of the Easement Area or GRANTOR'S facilities in the Easement Area, excepting only loss or injury which results solely from GRANTOR'S failure to exercise reasonable care not to damage or destroy GRANTEE'S facilities installed within the Easement Area. t�.t 2. GRANTEE does hereby release, indemnify and promise to defend and save � iiarmiess GrtAi�TOR from anci against any ana ali liability, loss, damage, expense, actions � and claims, including costs and reasonable attorneys' fees incurred by GRANTOR in � defense thereof, asserted or arising directly or indirectly on account of or out of acts or h� omissions of GRANTEE and GRANTEE'S servants, agents, em lo ees and contractors in � p Y ^ the exercise of the rights granted herein; PROVIDED, HOWEVER, this paragraph does not � purport to indemnify GRANTOR against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of GRANTOR or GRANTOR'S agents or employees. 3. GRANTOR, so long as GRANTOR is PACCAR Inc or any affiliate of PACCAR Inc, shall at all times maintain the Easement Area and ufilities installed therein in good and safe condition and rsqair. Grantor has infarmed Gr�ntee; and Grantee is �ware, that the easement herein granted is located on a federal "Superfund Site" and subject to laws pertaining thereto and to a Consent Decree dated November 8, 1991 in King County Superior Cou�t, Cause No. 912250537 (as amended August 19, 1994), which Consent Decree was entered into pursuant to the Model Toxic Control Act codified as CH.70.105D RCW. Grantee agrees to give Grantor prior written notice of any maintenance or repair to be conducted in the easement area by Grantee, and in connection therewith Grantee agrees to comply with any legal requirements applicable to such Grantee activities (including, without limitation, performance of any work by qualified contractors with requisite training such as hazardous waste operations and emergency response work per 29 CFR 1910 and corresponding Washington laws, and approved storage and disposal at licensed disposal sites of any excavated material). J:\11PEG\CORUTES8.DOC - 3 - 4. If the Easement Area ceases to be used by GRANTEE to provide public storm water drainage, then the easement herein granted shall terminate, and all rights, interests and privileges granted hereunder shall revert to the GRANTOR, its successors and assigns. Upon any termination of this easement, GRANTOR may promptly remove from the terminated Easement Area any facilities installed by or for GRANTEE. 5. Notices given under this easement shall be given as follows: If to GRANTOR: PACCAR Inc Corporate Real Property Manager 777 - 106th Ave. N.E. Bellevue, WA 98004 If to GRANTEE: The City of Renton De�a�tment of Publ;c Works 200 Mill Avenue South Renton, WA 98055 Either party may change the address to which notices may be given by giving notice as above provided. � � 6. This easement grants access rights and certain other specified rights to Grantee � respecting the Easement Area, but does not convey to Grantee any ownership or other � interest in real property or any facilities installed therein. � � � 7. As further consideration for this easement, the GRANTEE by its acceptance of this :; easement, as evidenced by its recordation, acknowledges and confirms that GRANTEE has abandoned and relinquished all of GRANTEE'S right, title and interest in certain storm drainage facilities formerly located on GRANTOR'S property and in GRANTOR's land formerly traversed thereby, in the approximate location described in Exhibit B attached hereto and by this reference incorporated herein, which preexisting drainage facilities have been removed and replaced by the new storm drainage facility forming the subject of this easement. This easement has been executed as of this '?�� day of August 1997. GRANTOR: PACCA nc (SEAL) , By -��"�� Attest: _ 1 . ,�_ Its � ,f'�' �,�'�! t Secretary . Exhibit A: Plot Plan of Easement Area Exhibit B: Description of GRANTEE'S prior drainage facilities J:111PEG\CORUTESS.DOC - 4 - STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this�'otr� day of /�u�Iu�st 1997, before me personally appeared �DAv�;�, -�" N�v,N,� and �t3N�GE ,m l�'Ar�a�o , to me known to be the ��s;c�v,�t and �, Secretary, respectively, of PACCAR Inc, the corporation that executed the within and foregoing instrument, and acknowledged the same to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that tf-�ey were authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year first above written. o � y„ ,D.�..�..1��.�� (Signature of Notary Public) � � _�,� ;� � . � �,,�da, m . ;��lQ��ss��. = - `� (Printed name of Notary Public) =' .r.+: .. 'ti, .TJ , � , � �.,rv . "`•�` "�' :, '' �; , Notary Public in and for the State of :� ,;�� :�w��..:• .:�,; �� Washington .., ., .,' , ,;. - �y�....�;j. w'• ` �- r ';�:�> Y,.�... ;; � ' � � " ��I"7- �`� °,��`' ;�;, ;. �'� 'c� ` My Appointment expires ��t�"�' � 1 -�r'�Sr�� :s �• .:` , �:Cn. C'� ; i:'��.�� , ,�r� ' `��I. . .. ..- ,�F,��$` i ♦ . ��s J:\11PEG\CORUTESS.DOC — �J — � °o � Qo o �.� � i ~i �'� W� � � Q me h�� Q � � K � f0,000 � o�Q � �pQ O �i � 1 � � � �a J � J �pQ �'�" � � � �� ............. \ _, � ~ �------- ----r� � � � i, 4 r � � � w � � O -� • , � � -_� � .��. � i W A I�y �o � � y � � 1 � _ � � � � � � --- i� a�»rr B _ ! � w�sra srra pt,uv --� , `+� � a�n�ntnvc � � J � i � � ar.na N/b'i�V N/dW I – ---- � �,, i ^"�' �14LTlh*P ':s � �'a�ti � �'BLDC. ,4 �,, ?, � � �4,� b �y C i 4 � ca�r \� � - —V-=_=__– 1 `"'a � � � Z � � a �� ' � � ` L— _� : �` o s� ,� 0 I I � �� oe �T � � ._..._..., � �� - ++ 0 . � � � �� a • .craate a:s asarox o � _ �,�� " �.�� '-�� 2�� ` � wr t t i r. � M � �� a� EXHIBIT A to Inspection Easement for Vacated Houser Way N. Storm Drain (Relocated) PACCAR Inc- City of Renton (Plot Plan of Easement Area) Page 6 EXHIBIT B to Inspection Easement for Vacated Houser Way N. Storm Drain (Relocated) PACCAR Inc - City of Renton Legal Description of Prior Storm Drainage Facilities now Abandoned and Relocated DODDS ENGINEERS, INC. BELLEVUE, WA 98007 DEI Project No: 85123 7/2/97 Storm Sewer Easement A strip of land 25.00 feet wide, across Parcel "A" of that certain Record of Survey recorded in Book 58 of Surveys, page 249 and 249A, under number 8712189002, records of King County, Washington. Said strip being 15.00 feet westerly and � 10.00 feet easterly of the following described centerline: O � '"� COMMENCING at the south quarter corner of Section 8, Township 23 North, � �� Range 5 East, W.M.; thence Nf�1°02'40"E, �iang the no�th-south certerline of v said Section, a distance of 29.73 feet to the north margin of North 4th Street as :� shown on said survey; thence S89°24'18"E, along said margin, 226.76 feet to the '�' TRUE POINT OF BEGINNING of said centerline; thence N05°41'00"W 229.04 feet; thence N09°45'00"W 164.14 feet; thence S89°11'00"W 24.19 feet; thence NO3°07'24"E 58.74 feet; thence N27°58'00"E 16.84 feet; thence N11°02'00"W 59.83 feet; thence N10°19'00"W 185.37 feet; thence N11°05'00"W 130.20 feet; th�nce N13°22'00"W 48.65 feet; thence N00°00'00"E 188.69 feet; thence N30°00'00"W 323.10 feet; thence N24°50'00"W 510.69 feet; thence N20°46'17"W 110.74 feet; thence N01°15'25"E 653.99 feet to the southerly margin of North 8th ,• tr�e� ar� t� � �Err;�yu� �� sa; c:.^t��me. ��.'��`C" •? Y e�a+� ��• � .;�{ . �p,. ,� _, .+ � .. "� :,a� : '� �L . " a � .'� iZ = � �~ s. ¢ ,� • C v . : � s '�. r _ � � ' 109 . � � � � ,FSS,FG�.�.��;`:�JQ-J,� 4 ��.'A L L AN��`� �. :x.��::Es / z` 9B �/z/9� Said strip of land formerly containing the storm drainage facilities formalfy abandoned herein is further shown on the drawing attached hereto as Exhibit B-1 and incorporated herein. - 7 - . r � ' ' • EXHIBIT B-1 � �� t � � 1�, ��. � _..,.� � r � —� _ . . . , : 1�.�.: + ......._ ........ ....... .... ....x...-....... .._.-�..-� . : , . .. ........ ......... - - ��, ,�,� ..�.� : � _ � 1' � , '��ky t E �,�� y,,,� \�. • �� f l� ��$ l� ; � ..+� ' . �. / } } t i ,�1"`-..s+�' ` ' ` � � g � } �` "�1+� .. �• �;: �,�� . � ; � .6/ � I 1 I ! _1 •i :.x f II�..I� ��,'1 �� ?� ,/// " i �w - �r �� \ ; � � 1 ; �1 I � � $ � � � r � e y � + � � Q � � ' � � , � }� � � o • ° \ '� .: } ` , � `�� ` i . � � �� :� � � � � 1 �} y � --� ------�– � � � ( � �'1 i . '•� � � � ! 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