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Home My WebLink AboutE 9810011296 � '. . , �.;; � �� ,:, � � �� .a:� rr. ��t C_"� !_J Z=' :i :C x l�] �'� C:A After recording return document to: �; � :z� r*t 4�7 (.:? City of Seattle n Seattle Public Utilities � Real Estate Services m Dexter Horton Building lOTH Floor �;� 710 2nd Avenue � Seattle, Washington 98104 �- � `.� a f_:3 (,�� Documen t Ti tl e: Easemen t Agreemen t �y Reference Number of Related Document: N/A � Grantor(s) : City of Seattle O Grantee (s) : The Ci ty of Renton � Legal Description: A portion of Government Lot 9, Section 25, � Township 23 North, Range 4 East of W.M. , and of the Henry A. Meader' s Donation Land Claim No. 46, in said Section (,� Additional Legal Description is on Page 2 of 4 of Document. ,� Assessor's Tax Parcel Number (s) : 000580-0017 ROADWAY EASEMENT This Roadway Easement is granted as of the�day of - i., 1998 by THE CITY OF SEATTLE, a municipal corporation of the State of Washington, acting through its Seattle Public Utilities ("Seattle"), as Grantor,to THE LITY OF FtENTON, a municipal corporation of the State of Washington("Renton"), as Grantee. WHEREAS, Seattle and Renton have entered into a Right of Entry Construction Agreement dated June 19, 1998 (the "Agreement") with regard to Renton's construction of an extension to and improvement of Oaksdale Avenue SW, which extension crosses property owned by Seattle containing a major water supply pipeline. WHEREAS, the Agreement provided that, upon Renton's fulfillment of various obligations, Seattle would grant an easement to Renton for operation and maintenance of Oaksdale Avenue SW in and upon the aforesaid property of Seattle. WHEREAS, such obligations have been fulfilled. 1 oaksease.doc , , � , � NOW, THEREFORE, in consideration of the foregoing and the mutual promises contained herein, Seattle hereby grants to Renton, and to such municipal corporation as may become its successor by reason of incorporation or annexation of territory, including all or any part of the area below described, a 90 foot-wide easement for public roadway and storm drainage purposes, for Oaksdale Avenue SW over, under and across a portion of Seattle's Cedar River Pipeline 4 right of way, ("CRPL #4 R/W"), said easement being more particularly described as follows: A strip of land 90 feet wide, being 45 feet wide on each side of the centerline of Oaksdale Avenue SW as surveyed under Renton Road Survey Project No.97027-21 recorded under King County Recording Number 97081189091ying within the following described property: A portion of Government Lot 9 , Section 25, Township 23 North, Range 4 East of W.M., in King County, Washington and of the Henry A. Meader's Donation Land Claim No. 46, in said Section, Township and Range Described as follows: Commencing at the northwest corner of said Government Lot 9; thence South O1°03' 03" West, along the west line of said Government Lot 9, a distance of 154.52 feet to the northerly line of the Seattle Public Utilities Cedar River Pipeline No. 4 Right of Way and the TRUE POINT OF � BEGINNING; thence North 72°44' S5" East, along said northerly line, a distance of 46.94 feet; � thence South 00° 18' 36" East a distance of 31.36 feet to the southerly line of said parcel; thence South 72°44' S5" West, along said southerly line, a distance of 94.08 feet; thence North 00° 18' �'� 36" West a distance of 31.36 feet to said northerly line; thence North 72°44' S5" East, along said � northerly line, a distance of 47.14 feet to the POINT OF BEGINNING. Containing an area of � containing an area of 2, 822 square feet, more or less, or 0.065 acres, more or less (the "Easement � Area"). � � 2. Seattle retains, in its ownership nf the underlying fee, the right to grant or deny � permission to use or occupy the Easement Area for any other purpose, including use by non- � Seattle utility agencies; provided, that such use or occupancy shall not unreasonably or permanently conflict with the easement for roadway and drainage purposes herein granted; and provided that such non-Seattle utility agencies shall be required to restore roadway in accordance with Renton standards. 3. In the event Renton, or such other municipal corporation, as may have become its successor with respect to the Easement Area, ceases to use said described area for roadway and storm drainage purposes for a period of two years, as evidenced by abandonment, vacation or in another manner, the easement granted herein shall forthwith terminate. 4. Renton shall be responsible for the maintenance, safety, repair and reconstruction of the roadway, together with the precast concrete panels and related improvements constructed for the protection of the Cedar River Pipeline# 4 as part of the Oaksdale Avenue S.W. Extension project (Also known as the pipeline protection system), and storm drainage facilities, within the 2 , oaksease.doc Easement Area, all of which shall be at no cost or expense to Seattle. The use of the Easement Area by Renton for roadway and storm drainage purposes shall in no way interfere with present or future use of said property by Seattle for water supply pipelines and related facilities, for overhead or underground electrical transmission or distribution facilities, or for other purposes. 5. Seattle shall have the right to install,repair, replace, maintain, operate and make lateral connections to any of its water supply pipelines and related facilities, electrical transmission and distribution facilities, or other Seattle improvements within the Easement Area; provided, that Renton shall be notified in advance of any such work, except when an emergency exists. Seattle shall immediately notify Renton of any direct interference or damage to roadway, storm drainage facilities or other Renton improvements caused by or resulting from any Seattle work or operation within Easement Area. Renton shall proceed to take such action(s) as may be necessary to ensure the integrity of Renton improvements and the safety of the public. Seattle shall not be liable for the relocation of said roadway, storm drainage facilities, or other Renton improvements by reason of such Seattle work or operations or for damage to roadway, storm drainage facilities or other Renton improvements within the Easement Area, except where such damage is caused by the sole negligence of the Seattle, its agents or employees. 6. It is expressly understood and agreed that before any major maintenance or repair or reconstruction of the roadway and/or storm drainage facilities within the Easement Area is � made by Renton or its agents, plans shall be supplied to Seattle Public Utilities ("SPU") for '� approval or disapproval at least one hundred and eighty (180) days prior to the commencement of work, except when an emergency exists. Such plans shall indicate the permanent grade � established and depth of cover over any existing pipelines and other existing utilities, and shall � show the drainage pattern within the vicinity. No such maintenance or repair or reconstruction of � the roadway and/or storm drainage facilities within the Easement Area shall be undertaken 0 without the written approval of SPU. In addition, forty-eight(48) hours notice shall be given to � SPU prior to performance of such maintenance, repair or reconstruction, unless an emergency � arises, in which case Renton or its agents shall immediately telephone SPU at (425)255-2242. � � 7. Following maintenance,repair or reconstruction, the finished roadway grade shall match the now-existing grade. Minimum and maximum cover over the pipelines shall be coordinated, established and approved by SPU and the City of Renton's Planning/Building/Public Works Department prior to construction. Any significant future road reconstruction will require a minimum of four(4) feet of cover to the finished roadway grade which minimum shall be established over the pipelines at the final grade. Maximum cover shall not exceed five (5) feet unless approved, in writing, by SPU. 8. All alterations, moving or adjusting of pipelines and/or other Seattle facilities required for repair, maintenance or reconstruction of the roadway and/or storm drainage facilities shall be performed by Seattle at no cost to Seattle. 9. Renton shall be liable for, and pay throughout the term of this use, any State Leasehold Excise Tax, all taxes and assessments on the improvements of Renton installed, 3 operated and maintained in or on the Easement Area, any taxes on any property interest deemed by the King County assessor, or other official of the State of Washington or other taxing entity responsible therefor, created by this easement and shall otherwise fulfill all fiscal obligations required by law. 10. Renton shall fully comply with any and all applicable environmental laws and not cause or permit the Easement Area to become contaminated with any hazardous substances in violation of environmental laws. In the event the Easement Area becomes contaminated as a result of the Oaksdale Avenue S W Extension, Renton agrees to clean up and remediate damage to the Easement Area and to bring it into compliance with environmental laws. 11. Renton shall release, defend, indemnify and hold harmless Seattle, Seattle's officials, employees, agents, and representatives from and against any and all claims liens, demands, actions costs, losses, expenses, harm, damages, and liability (including without limitation environmental liability) of any kind or character asserted or arising from, on account of, or in connection with: (a) Renton's exercise of its rights under this Roadway Easement, (b) the acts or omissions of Renton (and Renton's officials, employees, agents, consultants, contractors, representatives, licensees, invitees, or visitors) in or upon the Easement Area or(c) any damage to or failure of the roadway, storm drain or other Renton improvements resulting in any damage or injury to any person or property, or any interest of any person or entity whatsoever; provided however, nothing herein shall require Renton to so release, defend, indemnify and hold harmless City to the extent of the negligence or other fault on the part of the __� City, its officials, employees, agents, consultants, contractors or representatives. Renton waives, � with respect to Renton, its officers and employees only, any immunity pursuant to Title 51 RCW, � Industrial Insurance. Renton and Seattle acknowledge that the provisions in this Section 11 have been specifically negotiated and bargained for, as evidenced by the initials of each party � immediately below. � � Renton Seattle � M - � Initial nit 1 � 12. Unless otherwise specifically provided for herein, any notices required or desired under this Agreement shall be in writing and personally served or sent by mail to: Seattle: Seattle Public Utilities Real Properry Services Dexter Horton Building]Oth Floor 710 Second Avenue Seattle, Washington 98104 Renton: Ciry of Renton Planning/Building/Public Works Department 200 Mill Avenue South 4 Renton, Washington 98055 13. This Roadway Easement and each of the terms,provisions, conditions and covenants herein shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF,pursuant to the provisions of Ordinance No. ��q1.27 of The Seattle of Seattle, Seattle has caused this instrument to be executed by its Director of Seattle Public Utilities. GRANTOR: THE SEATTLE OF SEATTLE �By: � Diana Gale, Director Seattle Public Utilities GRANTEE: � CITY OF RENTON � � � BY: —�- py T1t1 : Jesse Tanner, Mayor � � P� � � 5 STATE OF WASHINGTON) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Diana Gale signed this instrument, on oath stated that she is authorized to execute the instrument and acknowledged it as the Director of SEATTLE PUBLIC UTILITIES, THE CITY OF SEATTLE to be the free and voluntary act of the uses and purposes mentioned in this in trument. ��s�mit��i � , Dated: �� D. 111p��i� `�`��!��g81oN'r�''.�F,y%,�� . � 'c'� M07Aqy ��►:� % ' = = —�--- _ = � c = Notary Public in d for e State of Washington % N:� P�/B L� ry i � � �;.:p �,�� Residing at �i(� �''•,9tE:'�.,10.=Z�61�.�� My appointment expires - -t� - ��i��WA SH;��\� CQ STATE OF WASHINU��) � ) ss. � COUNTY OF K1NG ) � � 4 I certify that I know or have satisfactory evidence that T�ssE t'�q,vNe� signed this O instrument, on oath stated that �t:was authorized to execute the instrument and acknowledged it � as the A.tA��t�C. of the City of Renton to be the free and voluntary act of such � party for the uses and purposes mentioned in this instrument. � �`��'J.P ��F•. Dated: 6- / �- •• ET 9''. �,, �•�`9g,•N�:••,��,,i :� A� � = \ � �� NOTARY 9N�. - ' —yk— • ' � :cn� o puBuc o;�Z = � � Notary Public i and for the State of Washington `',b ° � . '•��.9' ..eER8,2o,: O,� — ,,''�i�FWASN��,��,, Residing at ��nt�� My appointment expires l0-�- � 6