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201311E21000020
CITY OF RENTON
PAGE-001 OF 013
KING1COUNTY,$WA
EXCIS]E�'A�% T�dt�'�" �F¢�UI�tEI�
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After recording return document to:
City of Renton
Public Works-Transportation
Renton City Hall-Sth Floor
1055 South Grady Way
Renton, WA 98057-3232
Document Title: Slope Easement
Reference Number of Related Document: N/A
Grantor(s): Longacres Park, Inc., a Washington corporation
Grantee: City of Renton
Legal Description: Ptn. of Lot 10, Boeing Longacres Property BSP V. 212, P.63
& Ptn. of Lot 27, BLA 07-068-LLA, Rec. 20070911900008
Assessor's Tax Parcel Numbers: 088670-0100 & 088670-0270
2013-08-12 Easement for Slopes--Strander--20130510--WITH CITY REVISIONS(3)doca
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EASEMENT
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 formerly
known as Broadacres, Inc., ("Grantor" herein), hereby grants and conveys to THE C�TY oF
REtvTON, a Washington municipal 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-1 (the "Property"), such easement to take up
the portion of such property as is described in Exhibit A-2 and depicted on the exhibit labeled
"Map Exhibit" (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 Grantee hereby promises to faithfully and fully observe and
perform.
1. Purpose. Said easement is for the sole purpose of providing and maintaining (1) a
proper sight distance and line of sight, (2) lateral support, and (3) proper drainage grade, as
determined by the Grantee, for a public roadway, road shoulder and appurtenant road
improvements and construction. Grantee, its successors and/or assigns, and their agents or
contractors and employees shall have full right to enter at all times upon said premises to
survey, construct, repair, remove, replace, reconstruct, inspect, improve and maintain a
suitable slope or grade which will provide the above mentioned proper sight distance and line
of sight, lateral support, and proper drainage grade.
2. Compliance with Laws and Rules. Grantee shall at all times exercise its rights herein
in compliance with all applicable laws and regulations. Grantee shall obtain all permits and
approvals required by any governmental agencies that may be necessary to Grantee's
intended use of the Easement Area.
3. Removal of Fill Material; Environmental Indemnitv. In the event that Grantee
encounters, or suspects that it has encountered any hazardous substances in the Easement
Area in furtherance of its rights set forth in paragraph 1, Grantee shall cease all 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 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 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 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
2013-08-12 Easement for Slopes--Strander--20130510--WITH CITY REVISIONS(3).docY
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other handling costs incurred in connection with the removal, disposal or handling of the
hazardous substances will be at Grantee's expense, and Grantee 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 Grantee hereunder shall be the sole responsibility and expense of Grantee.
Grantee shall indemnify, hold harmless, and defend Grantor, and the Indemnified Parties from
and against any and all claims, losses, damages, response costs, and expenses arising out of or
in any way relating to the violation of any Environmental Laws and Requirements, or to the
generation, release, storage, deposit or disposal of Hazardous Substances, to the extent caused
by Grantee, its agents, employees, Contractors and invitees in connection with the exercise by
Grantee of its rights under this Easement, including but not limited to: (1) claims of third
parties, including governmental agencies, for damages (including personal injury and/or
property damage), response costs, fines, penalties, injunctive or other relief; (2) the cost,
expense, or loss to Grantor of any injunctive relief, including preliminary or temporary
injunctive relief, applicable to the Grantor or any of Grantor's property; and (3) the expense
of reporting the existence of Hazardous Substances to any agency of any state government or
the United States as required by applicable laws or regulations, before and after any trial or
appeal therefrom whether or not taxable as costs; all of which shall be paid by Grantee when
accrued. As used herein, the term "Environmental Laws and Requirements" means any
federal, state, or local law regulating the protection of the environment ar human health and
"Hazardous Substances" means any hazardous, toxic, chemical, or dangerous substance,
pollutant, contaminant, waste or material, including petroleum, which is regulated under any
Environmental Laws and Requirements.
4. Grantee Use and Activities. Grantee shall use, or allow the use of, the Easement Area
only for the sole purposes set out in paragraph 1 of this Easement. Grantee 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. 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. The Grantee shall upon completion of any wark within the Easement Area ar
on the Property, restore the surface of the Easement Area and any private improvements
disturbed or destroyed and any other area of the Property disturbed during execution of the
wark as nearly as practicable to the condition they were in immediately before
commencement of the wark or entry by the Grantee.
5. Grantor's Use of the Easement Area and Access by Grantor During Construction.
Grantor retains the right to use said property for any and all purposes which will not interfere
with the Grantee's full use and enjoyment of the rights acquired herein. Provided, however,
Grantor its successors, assigns and/or subsequent Grantees, will not use or improve said
property or grant any easements over, under, upon, and/or across said property without first
obtaining the written consent of the Grantee. Such consent will not be unreasonably withheld
provided that the sight distance and line of sight, lateral support and proper drainage grade
2013-08-12 Easement for Slopes--Strander--20130510--W[TH C[TY REVISIONS(3)docx
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necessary for the roadway and its attendant facilities, as determined by the Grantee, is
maintained.
6. Indemnity and Insurance.
6.1 Grantee agrees to release, indemnify and hold harmless Grantor, any entity that
owns or controls Grantee (including without limitation The Boeing Company), any entity that
is owned or controlled by Grantee, and any entity that is under common ownership or control
with Grantee, and its respective successors or assigns, and each of its respective directors,
officers, employees, agents, servants and representatives, (the "Indemnified Parties") 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
injury to or death of any person, loss of or damage to any property, and costs, expenses and
reasonable attorneys' fees incurred by Grantor or any Indemnified Party in connection
therewith (including costs in connection with establishing the right to indemnification
hereunder), asserted or arising directly or indirectly from, on account of, or in connection with
operation, maintenance, use, or control of the Easement Area (and improvements thereon) or
presence on the Property in connection therewith of Grantee, or any agent, employee of
Grantee or any contractor providing goods or services to Grantee ("Contractor") or any
Contractor's personnel. The foregoing is not intended to require the Grantee to indemnify the
Indemnified Parties with respect to any Claim to the extent that it was caused by the active
negligence or willful misconduct of the Indemnified Parties. 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 permitted by RCW
4.24.115. Grantee expressly waives any immunity under industrial insurance whether arising
from any statute or other source, to the extent of the indemnity set forth in this paragraph. In
the event that Grantee is successful in proving that the foregoing indemnity is limited by
applicable law, Buyer shall defend, indemnify and hold harmless the Indemnified Parties to
the full extent allowed by applicable law. In no event shall Grantee's obligations hereunder
be limited to the extent of any insurance available to or provided by Grantee.
6.2 Grantee shall ensure that any Contractor carries and maintains, Commercial
General liability insurance with available limits of not less than One Million Dollars
($1,000,000) per occurrence for bodily injury, including death, and property damage
combined, One million Dollars ($1,000,000) general aggregate. Such insurance shall be in a
form and with insurers acceptable to Grantor and shall contain coverage for all premises and
operations, broad form property damage and contractual liability (including without
limitation, that specifically assumed herein). Any policy which provides the insurance
required under this paragraph shall: (a) be endorsed to name "The Boeing Company and its
subsidiaries and their respective directors, officers, employees, agents, attorneys and assigns"
as additional insureds (hereinafter "Additional Insured") with respect to any liability arising
out of Grantee's presence on the Property (or such Contractor's presence as the case may be),
(b) be endorsed to be primary to any insurance maintained by The Boeing Company; (c)
contain a severability of interest provision in favor of the Additional Insured and (d) contain a
waiver of any rights of subrogation against the Additional Insured.
2013-08-12 Easement for Slopes--Strander--20130510—WITH CITY REVIS►ONS(3)docx
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If licensed vehicles will be used in connection with this permit, Grantee shall ensure
that any Contractor who uses licensed vehicles in connection with this permit carries and
maintains, Automobile Liability insurance covering all vehicles, whether owned, hired,
rented, borrowed or otherwise, with limits of liability of not less than One Million Dollars
($1,000,000) per occurrence combined single limit for bodily injury and property damage.
Grantee shall ensure that any Contractor covers or maintains, insurance in accordance
with the applicable laws relating to workers' compensation, with respect to all of their
respective employees working on or about the Property, regardless of whether such coverage
of insurance is mandatory or merely elective under the law.
No Contractor shall access the Property unless such Contractor shall have first provided
for Grantor's review and approval, a certificate of insurance reflecting full compliance with
the requirements set forth herein. Such certificate shall list The Boeing Company as
certificate holder and shall be kept current and in compliance throughout the period of this
permit and shall provide for thirty (30) days advance written notice to Grantor in the event of
cancellation. The insurance provisions in this Section 6.2 can be substituted with self-
insurance.
7. Abandonment The rights herein granted shall 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 shall 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 Planning & Real Estate
10-80 Building; M/C 6X5-13
635 Park Ave N
Renton, WA 98055
Attn: Director
Phone: 425-373-2109
With A The Law Department
Copy To: Attn: Real Estate Counsel
The Boeing Company
P.O. Box 3707, M/C 11-XT
Seattle, WA 98124-2207
Phone: 206-662-6588
To Grantee: Public Works Administrator
Renton City Hall
1055 S Grady Way
Renton, WA 98057
20I3-08-12 Easement for Slopes--Strander--20130510--WITH CITY REVISIONS(3)docx
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Either party may change the address to which notices may be given by giving notice as above
provided.
9. Repairs. Grantee shall compensate Grantor for any damage to the Property, the
Easement Area and/or any other property of the Grantor caused by the exercise by Grantee of
its rights hereunder.
10. Limited Warranties. The rights granted herein are subject to permits, leases, licenses,
and easements, if any, heretofore granted by Grantor affecting the Easement Area. Grantor
shall warrant its title to the Property against any person claiming through Grantor, but not
otherwise. Any plans, specifications, or drawings (collectively, "Submittal") provided by
Grantee to Grantor pursuant to this Easement 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 errar or defect in such Submittal)
shall not relieve Grantee of any of its obligations under this Easement. 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.
1 l. Covenants Running with the Land; Successors and Assi�. The terms and conditions
of this Easement shall be covenants running with the land, and shall burden and benefit the
Grantor, the Grantee, and their respective successors and assigns in interest as owners of the
Property (in the case of the Grantor and its successors and assigns) or as grantees of the rights
hereunder (in the case of the Grantee and its successors and assigns). Upon transfer of title to
the Property by Grantor or assignment of its rights hereunder as grantee by Grantee, the
benefits and burdens of this Agreement shall pass to the transferee, and the transferor shall be
liable only for those matters that arose during the period of such transferor's ownership of the
Property or of the rights of the Grantee, as the case may be, and 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.
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 shall be at Grantor's expense, and provided that any area to which the easement is
relocated shall be deemed the "Easement Area" for all 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 terminate Grantee's rights under this Agreement in addition to
2013-08-12 Easement for Slopes--Strander--20130510--WITH CITY REVISIONS(3)docs
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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.
123 Upon termination of this Agreement and if requested by Grantor, Grantee, 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 Grantee from any liability or
obligation with respect to any matter occurring prior to such termination.
13. Attorneys' Fees. In the event either party brings a legal action against the other party
to enforce its rights hereunder, the substantially prevailing party shall be entitled to receive
reimbursement from the other party for such prevailing party's costs incurred in such legal
action (including the costs of appeal), including the reasonable fees and disbursements of the
prevailing party's attorneys, in addition to all other rights and remedies available to the
prevailing party at law or in equity.
14. No Mer�er of Estates. The Easement granted herein shall not be extinguished or
terminated by operation of the doctrine of inerger or otherwise due to the existing or
future common ownership of the real property described herein.
15. Complete A�reement. This Easement contains the entire agreement of the parties with
respect to this subject matter and supersedes all prior or contemporaneous writings or
discussions relating to the easement provided for herein. This Easement may not be amended
except by a written document executed after the date hereof by the duly authorized
representatives of Grantor and Grantee. This Easement includes Exhibits A-1, A-2 and the
Map Exhibit, which by this reference are incorporated into this Easement.
16. Choice of Law. This Easement shall be governed by the laws of the State of
Washington, exclusive of its choice of law rules.
DATED
Grantee: Grantor:
2013-08-12 Easement for Slopes--Strander--20130510--WITH CITY REVISIONS(3).doc�
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The City of Renton Longacres Park, Inc.
�
By: � By:
Its: Denis Law, Mayor Its: �����O�E. �
ory
Attest.
� �
Jason . h, eputy City Clerk
i
2013-08-12 Easement for Slopes--Strander--20130510--WITH CITY REVIS[ONS(3)docs
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ACKNOWLEDGMENT ACKNOWLEDGMENT
State of Washington ) State of Washington )
) ss. ) ss.
County of King ) County of King )
I certify that I know or have satisfactory I certify that I know or have satisfactory
evidence that �r1�S �--o�.+h� is the evidence that Steven E. Sahlinger is the person who
person who appeared before me, and said person appeared before me, and said person acknowledged
acknowledged that he signed this instrument, on that he signed this instrument, on oath stated that he
oath stated that he was authorized to execute the was authorized to execute the instrument and
instrument and acknowledged it as the acknowledged it as the Authorized Signatory of
'�:,�,...�v�" of The City of Renton, a Longacres Park, Inc., a Washington corporation,to
Washington municipal corporation,to be the free be the free and voluntary act and deed of such party
and voluntary act and deed of such party for the for the uses and purposes mentioned in the
uses and purposes mentioned in the instrument. instrument.
T
Dated: ��.I�e..Nv�.� �� ��-G� � Dated: �i I , �.C�,rT��l .�j
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Notary public in and for the State of Notary public in and for the State of
Washington, residing at Washington, residing at
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My appointment expires My appointment expires
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2013-OS-12 Easement for Slopes--Strander--20130510--WITH CITY REVISIONS(3)docx
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EXHIBIT A-1
(Legal Description of the Property)
Lot 10 of Boeing Longacres Property, Binding Site Plan NO. LUA-02-022-BSP, recorded in
Volume 212 of Plats at Page(s) 63 through 69, and amended in Volume 219 of Plats at pages 67
through 73 and amended in volume 228 of Plats at pages 22 through 28, in King County,
Washington
Lot 27 of BLA NO. LUA 07-068-LLA, According to that Boundary Line Adjustment recorded
under Recording NO. 20070911900008, in King County, Washington.
EXHIBIT A-2
(Legal Description of the Easement Area)
A PERMANEN7 FILL SLOPE EASEMENT OVER THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL
"X"DESCRIBED AS FOLLOWS:
BEGI(VNING ATT1-iE SOUTHWEST CORNER QF SAIG PARCEL"X"SAID CORNER BEING THE POINTfJF
BEGlNNING;
TH�NCE NORTH 88�7'S3"EAST ALONG THE SOUTH LWE pF SAID PARCEL'X°, 352.93 FEET TO A POENT IN
SAID SOUTH LINE;
TWENCE NORTH 01�12'06°WEST LEAVING SAll7 SaUTH LINE, 19.53 FEET;
THENCE SOUTH 85�7`53"WES7,353.47 F�ET MORE OR LE SS TO SAID SOUTFiWEST CORNER BEING 7HE
POIN70F_BE_GINNING Tl1ERE TERMINATING.
ALL IN TH�NORTH iiALF OF SECTION 25, TOWNSHIP 23 NORTH, RANG�4 EAST,W.M., KING COUNTY,WA.
CONTAINING 3,435 SQUARE FEET, MORE pR LESS.
PARCEL`X"
(P�R FIRST AMERICAN TITLE COMPANY ORDER NO. NCS-461621-WA1, DATED NOVEMBER 3, 2010)
LOT 10 4F BOEING LQNGACRES PROPERTY, BINDWG SITE PLAN N4. LUA-02-022-BSP, RECORDED!�
VQLUME 212 OF PLA7S AT PAGE(S)63 THROtJGH 69,APJD AMENDED IN VOLUME 219 OF PLATS AT PAGES
&7 THROUGH 73 AND AMENDED IN VOLLiIVIE 228 OF pLATS AT PAGES 22 THROUGH 28, IN KING COUNTY,
WASHINGTON.
A PERMANENT FILL SL4PE EASEMENT OVER THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL
"X"DESCRIBED AS FO�LOWS:
COMMENCING AT NORTHWEST CORNER SAID PARCEL"X";
THEPlCE N�RTH 8857'S4"EAST ALONG THE N�RTN LINE OF SAID PARCEL`X",286.d3 FEET TO A PQINT IPJ
SAID NORTH LINE,SAId POINT BEING THE POINT OF BEGINNING;
THENCE tdORTH 88`57'54"EAST ALOIVG SAID NORTH LINE, 316.92 FEET TO A POINT IN 5AID fJORTH LINE;
THENCE SOUTHEASTERLY ALaNG THE M1lORTHERLY BOUNDARY OF SAID PARCEL"X"BEING A
TANGENTIAL CURVE CONCAVE TO THE SflUTHWEST, RADIUS 50.00 FEET,CENTf2AL ANG�E 17�7'17",
14.90.FEET;
THENCE SOUTH Oi�2'06"EAST LEAVING SAID NQRTH LINE,6.67 FEET;
7HENGE SOUTH 88�T5d"WEST PARALLEL WITH SAID NORT H UNE, 331.62 FEET;
THEtdCE NORTH 01�2'OB"WEST,9.00 FEET MORE aR LESS Td THE POINT OF BEGIhINWG.
AlL IN THE NORTH HALF OF SECTIQN 25,TOWNSi-iIP 23 NaRTH, RANGE 4 EAST,W.M., KING C�UNTY,WA.
CONTAlMfNG 2,973 SQUARE FEET,MORE OR LESS.
PARCEL"X"
(PER FIRST AMERICAN TITf.E CQMPANY ORDER NO.NCS-461617-WA1,DATED NOVEMBER 5,2010)
PARCEL A:
LOT 27 OF BLA NO.LUA 07-06$-�LA,ACCORDiNG TO THAT BOUNDARY LINE A�JUSTMEM'REC�RDED
UNDER RECORQI(VG NO.20670911900008, IN KING COUNTY,WASHINGTON.
PARCEL B'
AN EAS�MEN7 FOR INGRESS AND EGRESS AS CREATEQ BY THAT THAT BOUNDARY L1NE AD,lUSTMENT
RECpRDEd UNDER REC�RRINCy NO.200749119000Q8,iN KING COUNTY,WASHINGTON.
Map Exhibit
(Drawing showing Easement Area)
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