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Home My WebLink AboutE 20161207000382 WHEN RECORDED RETURN TO: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 20161207000382 CITY OF RENTON EAS 78•00 PAGE-001 OF 006 KING7COUNTY10wQ1 Document Title: Draina e Utilit Easement Grantor: PACCAR Inc, a Delaware cor oration Grantee: Cit of Renton, a Washin ton Munici al Cor oration Legal Description: Abbreviated Legal Description: Southeast quarter of the Southwest quarter and the Southwest quarter of Southeast quarter of Section 8, Township 23 North, Range 5 East, W.M. Full Le al Description: See Exhibit A attached Assessor's Tax Parcel Nos.: 722300-0010 Reference Nos. of None Documents Released or Assi ned: EXC15E TAX Np7 REQUIRED K�o. R ,Qrds Division B Uty DRAINAGE UTILITY EASEMENT AGREEMENT PACCAR Inc, a Delaware corporation ("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 for public drainage line with necessary appurtenances, over, under, through, across, and upon Grantor's land, situated in the City of Renton, King County, State of Washington, described on Exhibit A attached hereto and by this reference incorporated herein. Such easement parcels are also shown on the map attached hereto as Exhibit B and by this reference incorporated herein. Said parcels are herein referred to as the"Easement Areas." TO HAVE AND TO HOLD said easements unto Grantee and its successors and assigns forever, subject to the covenants and conditions hereof, which Grantee by its signature below and acceptance of this easement agrees to perform fully. 1. Subject only to the rights expressly granted in this easement, Grantor reserves all rights with respect to the Easement Areas 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 Areas; and the right to install, operate and maintain any containment, treatment or monitoring system required respecting contamination in, or in the vicinity of, the Easement Areas. Grantor shall exercise these rights which Grantor has retained so as not to interfere with Grantee's use of its easements. Grantor, in connection with any future change in use or redevelopment of its property, further reserves the right to relocate the Easement Areas and utilities installed therein to other locations selected by Grantor; provided, that the expense of any such relocation shall be borne by Grantor and that such relocation shall not impair the maintenance and operating capability of such relocated utilities. 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 Areas or Grantor's facilities in the Easement Areas, excepting only loss or injury which results from Grantor's failure to exercise reasonable care not to damage or destroy Grantee's facilities installed within the Easement Areas. 2. Grantee does hereby release, indemnify and promise to defend and save harmless Grantor from and against any and all 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 omissions of Grantee and Grantee's servants, agents, employees and contractors in the exercise of the rights granted herein, and/or for their negligence or willful misconduct; PROVIDED, HOWEVER, this paragraph does not purport to indemnify Grantor against liability for damages caused by or resulting from the negligence or wiliful misconduct of Grantor or Grantor's agents or employees. 3. Grantee shall at all times maintain the utilities installed in the Easement Areas in good and safe condition and repair, and restore the Easement Area to its prior condition after any repairs or other Grantee disturbance of an Easement Area; PROVIDED, that Grantee may, with Grantor's consent(which consent may be withheld at Grantor's sole discretion) from time to time delegate any of said Grantee's duties to Grantor. Grantor has informed Grantee, and Grantee is aware, that the easement herein granted is located on a federal "Superfund Site" and is subject to laws pertaining thereto and to a Consent Decree dated November 8, 1991 in King County Superior Court, Cause No. 912250537 (as amended August 19, 1994), which Consent Decree was entered pursuant to the Model Toxics Control Act codified as Ch. 70.105D RCW. Grantee agrees to give Grantor prior written � 12567.015.doc 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). 4. If any Easement Area ceases to be used by Grantee to provide drainage service to the City of Renton public drainage system, then the easement herein granted for such Easement Area 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, Grantee shall promptly remove from the terminated Easement Area any facilities installed by or for Grantee (except subsurface installations which can be left in place without limiting or endangering Grantor's use of the Easement Area), and shall restore the Easement Area to its condition prior to such removal. 5. Notices given under this easement shall be given as follows: If to Grantor: PACCAR Inc Property & Environment 777 - 106th Avenue N.E. Bellevue, WA 98004 If to Grantee: City of Renton Department of Public Works 1055 South Grady Way 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 specific 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. Exhibits: A- Legal Description B - Map of Drainage Easement and Parcels IN WITNESS WHEREOF, Grantor has caused this instrument to be executed to be effective date later than signing - or "as of Grantee signing date." Grantee's acceptance and recording of this document shall evidence its agreement to the terms described herein. [Signature Pages Follow] 2 12567.015.doc Grantor: PACCAR Inc By: . � Print Name: Robert B. Reifsnyder Print Title: Executive Director, Property and Environment GRANTOR'S ACKNOWLEDGEMENT: STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Robert B. Reifsnyder is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Executive Director, Property and Environment of PACCAR Inc to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: �_�� . , Signature: Print Name: ��(�. �'i� Nl0 LI N� My Appointment expires: ��-(o �2-D2-C� Stamp: ��ii�rii��,� ,\\��`G� � Mo,�� `�� \SSiON F��/2.. ` :��NOTAqy 9n'`;�� - N, _ �Ni�.��l), pUBLIC :O^ �a 9'�,F�lF�BER 26�•,�'1�� ,,��'�F+w'A�N\�\�,� 3 12567.015.doc LEGAL DESCRIPTION DRAINAGE EASEMENT A strip of land 10.00 feet in width over, under, and across that portion of the Southwest quarter of the Southeast quarter of Section 8, Township 23 North, Range 5 East, Willamette Meridian, having 5.00 feet of such width lying on each side of the following described centerline: COMMENCING at the South quarter corner of Said Section 8; THENCE North 00°59'29" East, 29.80 feet along the North-South centerline of said Section 8 to the South margin of N. 4th St; THENCE North 89°26'47" West, 755.19 feet along said South margin to the TRUE POINT OF BEGINNING; THENCE North 01°22'51" East, 27.34 feet; THENCE North 88°54'10"West, 23329 feet to the East margin of Garden Ave N and the terminus. The sidelines of said Easement shall be shortened or lengthened as necessary to intersect at angle points, said South margin, and said East margin. p. GIL� 'cr�e'�°F A y�tiO�� '� � �;� , ' �' � '; :r 5s� �6315 � �ilSl�� '�'AL LAN� 1/14/1 Project Name: PACCAR August 15, 2016 Revised: November 14, 2016 BDG/stm 12567L.004.doc i � � 0 0 � � � z GRAPHIC SCALE I � m � D 100 200 400 � rn 1" = 200 FEET I N � 0 N � � p. GIL� � G� �~Pw°W y�ti�� I � � � � c�� , � 0 ' x ' o m ,, � Z �,� :ea,s �, D �~��/$'�� 3 < �^'AC LAN� I � m �i�4i� � z " w � � � N 10' DRAINAGE EASEMENT T I � � N88'54'10"W 233.29' � / � � � N01'22'51"E 27.34' C° N00'59'29"E N — _— _ N89'26 47 755.19 .. �v, — — -o T.P.o.B. N 4TH ST POINT OF � COMMENCEMENT j (S1/4 SEC. 8) � � i� SCALE: FOr: JOB NUMBER HORIZONTAL 1"=200' VERTICAL N/A PACCAR 12567 GHA(� 18215 72ND AVENUE SOUTH P S'� KENT WA 98032 Q� 2 (425)251-6222 12567L.004.DOC � (425)251-8782 FAX TIt�B: SHEET N ? CIVIL ENGINEERING, LAND DRAINAGE G�T� �5� PLANNING, SURVEYING, EASEMENT 1 of 1 �� ENG�NE� ENVIRONMENTAL SERVICES DESIGNED DRAWN CHECKED APPROVED DATE