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Home My WebLink AboutE 20130411000661 . ' , � , . ► After recording return document to: City Clerk City of Renton , I I I 1055 S. Grady Way Renton, WA 98057 I I I 20130411000661 CITY OF RENTON EAS 77.00 PAGE-001 OF 006 KING1COUNTY11Wp9 DOCUMENT TITLE: UTILITIES EASEMENT RECORDING NUMBER OF DOCUMENT(S) ASSIGNED OR RELEASED: N/A GRANTOR(5): PROVIDENCE HEALTH &SERVICES—WASHINGTON, a Washington nonprofit corporation GRANTEE(S): CITY OF RENTON, a Washington municipal corporation ABBREVIATED LEGAL DESCRIPTION: Ptn. of Lot 4, City of Renton Short Plat No. 431-79, Rec. No. 8002269013, King County, WA ADDITIONAL LEGAL DESCRIPTION ON PAGE(S): Pages 1-2 and Exhibit "A" ASSESSOR'S TAX PARCEL NO(S): 3340404000 UTILITIES EASEMENT Grantor, Providence Health & Services — Washington, a Washington nonprofit corporation, who acquired title as Providence Health Systems — Washington ("Grantor"), for and in consideration of mutual benefits, does by these presents, grants, bargains, sells, conveys, and warrants unto Grantee, City of Renton, a Washington municipal corporation ("Grantee"), its successors and assigns, an easement for public utilities (including water, wastewater, and surface water) with necessary appurtenances over, under, through, across and upon the following described property (the right-of-way) in King County, Washington: That portion of Lot 4 of City of Renton Short Subdivision No. 431-79, recorded under Auditor's file No. 8002269013, records of King County, Washington, described as follows: Beginning at the intersection of the south line of the northwest quarter of the southwest quarter of Section 19, Township 23 North, Range 5 East, W.M., in K � f} � d� Page 1 of 6 ' the City of Renton, King County, Washington; with the centerline of Lind Avenue S.W.; Thence along the centerline of said Lind Avenue S.W., N 1'20'16" E a distance of 30.01 feet to a point on the easterly prolongation of the north right-of-way line of S.W. 19th Street; Thence along said prolongation and along the north right-of-way line of S.W. 19t" Street, N 89°49'01" W a distance of 93.91 feet to the True Point of Beginning; Thence northeasterly along a tangent curve concave to the northwest having a radius of 55.00 feet through a central angle of 88°50'43" an arc length of 85.28 feet to a point of tangency with the west right-of-way line of said Lind Avenue S.W.; Thence perpendicular to said west right-of-way line N 88'39'44" W a distance of 80.00 feet; Thence perpendicular to the north right-of-way line of S.W. 19th Street S 0`10'S9" W a distance of 55.00 feet to a point on the north right-of-way line of SW 19th Street; Thence S 89°49'01" E along the north right-of-way line of SW 19th Street a distance of 25.00 feet to the True Point of Beginning. And as depicted in Exhibit "A", attached hereto and made a part hereof by this reference. For the purpose of constructing, reconstructing, installing, repairing, replacing, enlarging, operating and maintaining utilities and utility pipelines, including, but not limited to, water, sewer and storm drainage lines and facilities, 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, Grantee may from time to time construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions: Grantee shall, upon completion of any work within the property covered by the easement, restore the surface of the easement, and any private improvements disturbed or destroyed during execution of the work that are outside the limits of the facility, as nearly as Page 2 of 6 practicable to the condition they were in immediately before commencement of the work or entry by Grantee. Grantee acknowledges its responsibility to meet all regulatory requirements associated with the proposed use by Grantee of a publicly owned sanitary sewer lift station. Grantee agrees to restore the easement area to pre-acquisition condition at such time as the Grantee determines the use of said easement is no longer needed by Grantee. Grantor shall retain the right to use the surface of the easement that is outside the limits of the facility as long as such use does not interfere with the easement rights granted to Grantee. Grantor shall not, however, have the right to: a. Erect or maintain any buildings or structures within the easement; or b. 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 Grantee. c. Develop, landscape, or beautify the easement area in any way which would unreasonably increase the costs to Grantee of restoring the easement area and any private improvements therein. d. 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. e. Blast within fifteen (15) feet of the right-of-way. This easement shall run with the land described herein, and shall be binding upon the parties, their heirs, successors in interest and assigns. Grantor covenants that it is the lawful owner of the above property and that it has a good and lawful right to execute this agreement. By this conveyance, Grantor will warrant and defend the sale hereby made unto Grantee against all and every person or persons, whomsoever, lawfully claiming or to claim the same. This conveyance shall bind the heirs, executors, administrators and assigns forever. Grantee shall hold harmless, indemnify and defend Grantor, its officers, employees and agents, from and against any and all claims, actions, suits, liability, loss, expenses, damages Page 3 of 6 and judgments of any nature whatsoever, including costs and attorney's fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of Grantee's negligent or intentional acts, errors or omissions in Grantee's use of this easement and placement of Grantee's facilities thereon and arising during Grantee's construction of its facilities; PROVIDED, HOWEVER, that Grantee's obligation hereunder shall not extend to injury, sickness, death or damage caused by or arising out of the sole negligence of Grantor, its officers, employees or agents; PROVIDED FURTHER, that in the event of the concurrent negligence of Grantor and Grantee, Grantee's obligations hereunder shall apply only to the percentage of fault attributable to Grantee, its officers, officials, employees or agents; Grantee expressly and specifically agrees that its obligations under this paragraph extend to any claim, action, suit, liability, loss, expense, damage and/or judgment brought by or on behalf of any of its appointed or elected officials, employees or agents. For this purpose, Grantee, hereby expressly and specifically waives, with respect to Grantor only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. Grantee shall require its contractors, subcontractors and suppliers of any tier to defend, indemnify and hold harmless Grantor, its officers, employees and agents from any and alt claims, injuries, damages, losses or suits, including attorney's fees and costs, arising out of or in connection with the design, development and construction of the Grantee's publicly owned sanitary sewer lift station to be placed within said easement, except for injuries and damages caused by the sole negligence of Grantor. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this ��day of /�qr�c�'i , 20�_. GRANTOR: PROVIDENCE HEALTH &SERVICES—WASHINGTON gy: �'{.C(.GC, �'��- Name: .�l4-�t �c,,2 �� r'l.Q`� Its: �L� � �,�� Page 4 of 6 Notary Seal must be within box STATE OF�fl�h�n,c�"7 )SS COUNTY OF��`� ) On this�day of/,��2� , 20 , before me personally appeared,�/cz.�...f�'�d7E�5 to me known to be the �iz.�U. 6! k CRv of \\��...��,,�� the nonprofit corporation that executed the within instrument, and �.�` N c��L� '�p,�� acknowledged the said instrument to be the free and voluntary act �,�P��.��+��,,�tiC �'�,,� and deed of said nonprofit corporation,for the uses and purposes '' therein mentioned, and each on oath stated that he/she was = c��pYA"+. �;. i % %O � ' �• ;; � authorized to execute said instrument. " '� ' ' ' s % % t' Z i � A „ � ; �fj,�y�, O V��' .� �0 c�,L s-a z ..�- /��i��'4�'�:�O��W/1g��.�� Notary(Pr nl t)'�d1ct� h�t�� `lJf�,.Sr7�/7��/7 ��"""""`�� My appointment expires: b � -� � — r� Dated: � 3 � � -,_� APPROVED as to form only: Accepted by the City of Renton: By: Mark Barber Gregg im m Senior Assistant City Attorney Public Works Administrator Date: � ' Page 5 of 6 ._._w_�.�,..,��._.. _.__�._ ' � � I � � � � ¢ I a � � f � �----- 80.00' � � N89'49'01"W � w } s > � � s (� $ tt') N � O � ` r ` O Z i N �h�� 83.81'-__v....�._,��-� F�-�25.OQ' � 0 � SW 19th ST N 89'49'01"W _ � � _ � � + � EXHIBIT "A" Page 6 of 6