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HomeMy WebLinkAboutE 9903231472 Return Address: City of Renton 1055 South Grady Way Renton,Wa 98055 � �v� �0 :1 0 i� Utilities Easement °-�, � Property Tax Parcel Number: 242304-9022 �� c*� (�j For and in consideration of One Dollar ($1.00) 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 CTTY OF RENTON, a municipality ("the � City" herein), for the purposes hereinafter set forth a non-exclusive perpetual easement, over, across and under the real property, in King County,Washington, described as follows; SE 1/a , Section 24, Township 23 North, Range 4 East, W.M. and as further 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 "Easement Area"), which such exhibits are attached hereto and incorporated herein by this reference. € 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, reconstruct, repair, replace, c enlarge, operate, and maintain utilities and utility pipelines, including, but not limited to, � water, sewer and storm drain lines, together with the right of ingress and egress thereto � without prior institution of any suit or proceedings of law and without incurring any legal � obligation or liability therefor. Following the initial construction of its facilities, the City may � from time to time construct such additional facilities as it may require. � ; 2. Compliance with Laws and Rules. The City shall at all times exercise its rights herein Q in compliance with all applicable laws and regulations. � � 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 l, the City shall cease all operations and notify Grantor. If the encountered � �p � � � , , ' . • , , � . or suspected hazardous substances are not the result of the acts or omissions of the City, Grantor shall, at its own expense, determine if the material is hazardous, as determined by applicable law. If the material should prove to be 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 reroute the Easement Area, if possible. If hazardous substances are removed, Grantor also shall provide substitute non-hazardous 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 or may be 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 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 the City hereunder shall be the sole responsibility and expense of the City. � 4. The City Use and Activities. Except as provided in Paragraph 1, the City shall not use, � or allow the use of, the Easement Area for any purpose whatsoever. 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 Easement Area as set forth in Paragraph 5. The City M 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). The City 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 by 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 shall not; construct or maintain any building or other structure on the Easement Area, or; plant trees, shrubs or vegetation having deep root patterns which may cause damage to or interfere with the utilities to be placed within the easement by the Grantee; or; develop, landscape, or beautify the easement area in any way which would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein, or; dig, tunnel or perform other forms of construction activities on the property which would disturb the compaction or unearth Grantee's facilities on the right-of-way, or endanger the lateral support facilities, or; blast within fifteen (15) feet of the right-of-way 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. Indemnity and Insurance. The City 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 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 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 perrnitted by RCW 4.24.115. As between the parties and for purposes only of the obligations herein assumed, the City 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 shall 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 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 shall be deemed to have been received E'� when three days have elapsed from the time such notice was deposited in the U.S. mail f� addressed as follows: C1 � To Grantor: Longacres Park, Inc. � c/o Boeing Commercial Airplanes � � P.O. Box 3707 - M/C 2R-71 Seattle, WA 98124-�207 Attn: Manager of Planning&Leased Properties Telephone: 206-544-5985 with a copy to: Office of the General Counsel The Boeing Company P.O. Box 3707 -M/C 13-08 Seattle, WA 98124-2207 Telephone: 206-655-2405 To The City: City of Renton 1055 South Grady Way Renton, WA 98055-3232 Attn: Water Utility Telephone: 425-430-7216 Either party may change the addr�ess 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 Easement Area 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 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 the City 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 the City of any of its obligations under this Agreement. Grantor hereby expressly disclaims any and all 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 Assi�ns. The rights and obligations of the parties shall inure to the � benefit of and be binding upon their respective successors and assigns. �� `� 12. Termination; Relocation. � c� � 12.1 Grantor may require the City 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 shall be at Grantor's expense, and provided that any area to which the easement is Q� relocated shall be deemed the "Easement Area" for all purposes of this instrument from the date of such relocation. 12.2 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 terminate for any future breach or default. 12.3 Upon termination of this Agreement and if requested by Grantor, the City, at its sole cost and expense, shall remove from the Easement Area any and all improvements thereon and restore the Easement Area to a condition as good or better than it was prior to construction of said improvements. 12.4 No termination of this Agreement shall release the City from any liability or obligation with respect to any matter occurring prior to such termination. DATED�, day of � _1999. THE CITY: GRANTOR: City of Renton Longacres Park, Inc. a Washington Corporation B . � ✓1�.-�'�- ��_ y esse anner Its: Ma or It . ATTESTe Marilyn Pe sen, City Clerk � �� � � � 'i"' f� � � CT; � REMAINDER OF PAGE INTENTIONALLY LEFT BLANK STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) � On this °�� day p�� �U.� -�ti� 1999, before me the undersigned personally appeared J.J. NELSON to me known 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 was duly authorized to execute the said instrument. WITNESS my hand and official seal hereto afi�ixed the day and year first above written. , � �� c�t��c�- Not ' ic in and for the State of Wa ington residing at ` . ; My co mission expires G° ��t�'�'/ �1 ��« STATE OF WASHINGTON ) �-1 ) ss. C� COUNTY OF KING ) C1 � �` On this�� day of ,�W�� , 1999, before me the undersigned personally appeared � JQSS�A�t✓to me known to be the tlY of The City of Renton the municipality � that executed the foregoing instrument, and a cnowledged 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. \_��r� �\`, ^�'� Notary Public in and for the State of tashington residing at . My commission expires�"Z°I'°�� EXHIBIT A (legal description of servient estate) An easement situate in the SE 1/a, Section 24, Township 23 N, Range 4 E, W.M. � �� � ., � C'7 �� � � � � EXHIBIT B (legal description of Easement Area) �? �� �« •�i t'� C1 � � � � EXIIIBIT"8�' LEGAL DESCRIPTION An easement for waterline purposes situate in a portion of Henry A.Meader's Donation Land Claim No. 46 and the Southeast 1/4 of Section 24, Township 23 Nortb, Range 4 East, Willamette Meridian, City of Renton, County of King, State of Washington,being 15.00 foot wide strips of land lying 7.50 feet left of, and 7.50 feet right of the following described centerlines,except as noted: Commencing at the southeast corner of the Southwest 1/4 of the Southeast 1/4 of Section 24, Township 23 North, Range 4 Fast, Willamette Meridian from which the southeast comer of said Section 24 bears South 87°18'S7"East, 1343.27 feet; Thence North 87°lA'S7"West,49.49 feet along the south line of said Southwest 1/4 of the Southeast 1/4 to the proposed westerly right-of way of Oakesdale Avenue SW; Thence North 0°18'36"West, 541.48 feet along said proposed westerly right-of-way; Thence continuing along said proposed westerly right-of-way along a tangent curve to the right,said curve having an arc length of 371.38 feet,a radius of 5045.00 feet, a central angle of 4°13'04" and a chord that bears North 1°47'S6" East, 371.29 feet to the Point of Beginning; Thence North 89°48'15" West, 8.48 feet to a point hereinafter referred to as "Point A"; Thence continuing North 89°48'15" West, 37.37 feet to a point hereinafter referred to as "Point B";; Thence continuing North 89°48'15" West, 36.22 feet to a point hereinafter referred to as "Point C"; Thence continuing North 89°48'15" West, 22.10 feet to a point hereinafter referred to as "Point D"; Thence continuing North � 89°48'15"West,33.77 feet; Thence South 44°00'38"West, 32.52 feet; Thence North 90°00'00"West, 135.25 �� ,,�, feet to a point hereinafter referred to as"Point E"; Thence continuing North 90°00'00" West, 151.86 feet to a � point hereinafter referred to as "Point F"; Thence continuing North 90°00'00" West, 62.12 feet to a point ;�j hereinai�er refened to as"Point G"; Thence North 0°00'00"East, 5.50 feet; Thence North 37°41'39" West, ;1 2.78 feet; Thence North 51°20'25"West, 14.73 feet; Thence North 5°21'02"West, 33.24 feet; Thence North � 44°33'00" East, 63.01 feet; Thence North 0°07' 33" West, 136.70 feet to a point hereinafter refened to as "Point H"; Thence North 0°02'S1" East, 120.70 feet; Thence North 26°06'10' East, 72.05 feet; Thence � North 50°32'33"East,86.39 feet to a point hereinafter refened to as"Point P'; Thence South 39°42'39"East, � 1333 feet; Thence South 64°34'S3' East, 10.12 feet to a point hereinafter referred to as "Point J"; Thence continuing South 64°34'S3' East, 58.95 feet; Thence South 89°57'16" East, 12.84 feet to a point hereinafter referred to as"Point K"; Thence continuing South 89°57'16"East, 165.78 feet to a point hereinafter refened to as "Point L"; Thence continu:ng South 89°57'16" East, 73.18 feet; Thence South 45°2'7'43" East, 52.61 feet; Thence South 87°34'09"East, 33.47 to a point hereinafter refened to as"Point M"; Thence continuing South 87°34'09"Fast,23.99 feet to the proposed westerly right-of-way of Oakesdale Avenue and the Terminus of this easement � Also Beginning at"Point A";Thence North 0°11'45"East, 12.50 feet to the Terminus of this easement. Also Beginning at"Point B";Thence North 0°11'45"East, 12.50 feet to the Terminus of this easement. Also Beginning at"Poiat C";Thence North 0°11'45"Fast, 12.50 feet to the Terminus of this easement. Also a 32.50 foot wide strip of land lying 25.00 feet left of, and 7.50 feet right of the following described line; Beginning at"Point D";; Thence North 0°11'45"East,46.16 feet to the Terminus of this easement. Also Beginning at"Point E";Thence South 0°00'00"East, 12.66 feet to the Terminus of this easement. Also Beginning at"Point F";Thence South 0°00'00"East, 12.66 feet to the Terminus of this easement. � I:�PROJECT109170301\WORDVS917ESO1.DOC\ Page 4 of 7 EXF-iIBIT"�" LEGAL DESCRIPTION continued Also Beginning at"Point G"; Thence North 90°00'00" West, 169.87 feet to a point hereinafter refened to as "Point N"; Thence continuing North 90°00'00"West, 97.93 feet to the Terminus of this easement. Also a 24.50 foot wide strip of land lying 17.00 feet left of,and 7.50 feet right of the following described line; Beginning at"Point H"; Thence South 89°46'S0"West,31.10 feet to the Terminus of this easement. Also Beginning at "Point P'; Thence Nort.h 39°42'39" West, 92.81 feet; Thence North 18°53'S1" West, 62.68 feet; Thence North 1°34'14" East, 124.05 feet; Thence North 47°U3'21" East, 41.39 feet to the Terminus of this easement. Also Beginning at"Point J"; Thence South 25°35'07"West,23.99 feet to the Terminus of this easement. Also Beginning at"Point I�'; Thence South 0°02'44"West,29.60 feet to the Terminus of this easement. Also Beginning at"Point L; Thence South 0°02'44"West,31.66 feet to the Terminus of this easement. �� Also Beginning at"Point M; Thence South 2°25'S1"West, 16.56 feet to the Terminus of this easement. � Also Beginning at"Point N"; Thence North 0°00'00"East,35.30 feet to the Terminus of this easement. t`� �� Also an easement for wateriine purposes situate in a portion of Henry A. Meader's Donation Land Claim No. C�'� 46 and the Southeast 1/4 of Section 24, Township 23 North, Range 4 East, Willamette Meridian, City of � Renton, County of King, State of Washington, being 15.00 foot wide strips of land lying 7.50 feet le8 of, and � 7.50 feet right of the following described centerline: Commencing at the southeast corner of the Southwest 1/4 of the Southeast 1/4 of Section 24, Township 23 North, Range 4 East, Willamette Meridian from which the southeast corner of said Section 24 bears South 87°18'S7"East, 1343.27 feet; Thence North 87°18'S7"West,49.49 feet along the s�uth line of said Southwest 1/4 of the Southeast 1/4 to the proposed westerly right-of-way of Oakesdale Avenue SW; Thence North 0°18'36"West, 541.48 feet along said proposed westerly right-of-way; Thence continuing along said proposed westerly right-of-way along a tangent curve to the right,said curve having an azc length of 530.71 feet,a radius of 5045.00 feet, a central angle of 6°O1'38" and a chord that bears North 2°42'13" East, 530.46 feet; Thence continuing along said proposed westerly right-of-way North 5°43'02"East, 3.77 feet to the Point of Beginning, (shown on the attached map exhibit as"Point O"); Thence North 84°16'S8"West,6.50 feet to the Terminus of this easement. Also an easement for waterline purposes situate in a portion of Henry A. Meader's Donadon Land Claim No. 46 and the Southeast 1/4 of Secdon 24, Township 23 North, Range 4 East, Willamette Meridian, City of Renton, County of King, State of Washington, being 15.00 foot wide strips of land lying 7.50 feet left of, and 7.50 feet right of the following described centerline: Commencing at the southeast comer of the Southwest 1/4 of the Southeast 1/4 of Section 24, Township 23 North, Range 4 East, Willamette Meridian from which the southeast comer of said Section 24 bears South 87°18'S7"East, 1343.27 feet; Thence North 87°18'S7" West, 49.49 feet along the south line of the Southwest 1/4 of the Southeast 1/4 to the proposed westerly right-of-way of Oakesdale Avenue SW; I:�PROJECT109170301\WORD�S917ESO1.DOC\ Page S of 7 EXI IIBTT"B„ LEGAL DESCRIPTION continued Thence North 0°18'36"West, 541.48 feet along said proposed westerly right-of-way; Thence continuing along said proposed westerly right-of-way along a tangent curve to the right, said curve having an arc length of 530.71 feet, a radius of 5045.00 feet, a central angle of 6°O1'38" and a chord that bears North 2°42'13" East, 530.46 feet; Thence continuing along said proposed westerly right-of-way North 5°43'02" East, 58.33 feet to the Point of Beginning,(shown on the attached map exhibit as"Point P"); Thence North 84°16'S8"West,6.50 feet to the Terminus of this easement. Also an easement for sanitary sewer purposes situate in a portion of Henry A.Nleader's Donation Land Claim No. 46 and the Southeast 1/4 of Section 24,Township 23 North,Range 4 East,Willamette Meridian,City of Renton, County of King, State of Washington,being a 15.00 foot wide strip of land lying 5.00 feet left of,and 10.00 feet right of the following described line: Commencing at the southwest corner of the Southeast 1/4 of the Southeast 1/4 of Section 24, Township 23 North, Range 4 East, Willamette Meridian from which the southeast corner of said Section 24 bears South 87°18'S7"East, 1343.27 feet; Thence South 87°18'S7"East, 40.63 feet along the south line of said Southeast � 1/4 of the Southeast 1/4 to the proposed easterly right-of-way of Oakesdale Avenue SW; Thence North � 0°18'36"West,546.19 feet along said proposed easterly right-of-way; Thence continuing along said proposed � � easterly right-of-way along a tangent cuive to the right, said curve having an arc length of 521.24 feet,a radius �� of 4955.00 feet, a central angle of 6°O1'38" and a chord that bears North 2°42'13" East, 521.00 feet; Thence (�� North 5°43'02"East, 185.51 feet to the Point of Beginning; C'� Thence South 89°55'45"East,7.16 feet to the Terminus of this easement. � � The Basis of Bearings for these descriptions is the Record of Survey for Broadacres Inc.,recorded in Book 10 of � Surveys at Page 2,Recording No. 7707289002,Official Records of King County. '��,��a as 0 � . �' (�l��%� I �r'��� 1,�'�'' o�,A.z,� �i�Es��t Q ,� I:�PROJEC"I109170301\WORD4S917ESO1.DOC\ Page 6 of 7 EXHIBIT C (drawing showing Easement Area) � �� � � c'� C1 � � � tn 93G3��►1��:2 � , � � • � _ m n � O c � � � � � � o � o � X � o o NORTH LINE HENRY A. MEADER'S SW COR NEl/4 SE1/4 Z � � DONATION LAND CLAIM N0. 46 PT �.�n NW COR GOVT LOT 13 � o � � PT '•J» n� �,. T "L" � � PT "K" � � - -- N � P T M �' b y J 7.50" TYP SANlTARY SEWER w � 0 7.50" T1P EASEMENT � v� v " ;� '* � o PT »H„ � NV PT "P» � I I V � � PT "0" 0 � WATERLINE EASEMENT 25.00' 7.50' I �T .,p» PT „N,. T ,.G., --- - � T »C., P PT "F" PT "E" PT "8" CyJ1 PT "A"