HomeMy WebLinkAboutSP-Exceptions 055_9401250521a
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EASEMENT
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For and in'colisideratioh of One Dollar ($i_o0) and other valuable consideration the .
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receipt nf,whichas hereb} acknowledged, THE BOEING COMPANY, a Delaware
corporation, acting by and through its division Boeing Commercial Airplane Group,
("Grantor" herein), hereby grants and conveys to US WEST COMMUNICATIONS,
NIC., a Colorado corporation ("US West" 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 and depicted on Exhibit B (the
"Easement Area"), which such exhibits are attached hereto and incorporated herein by
this reference.
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This easement is granted subject to and conditioned upon the following terms, 7
conditions and covenants which US West hereby promises to faithfully and fully
v4 observe and perform-
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I Empgag- US West shall have the right to construct; operate. maintain and repair
�-n underground communication line, together with all necessary appurtenances thereto.
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p 2. Compliano with Laws and Rules. US West shall at all times exercise its rights
herein in compliance with all applicable laws and regulations.
3. Removal of fill Material. In the event that US West encounters, or suspects
that it has encountered any hazardous substances in & Easement Area in furtherance
of its rights set forth in paragraph 1, US West shall cease all operations and notify
Grantor. If the encountered or suspected hazardous substances are not the result of the
acts or omissions of US West, 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
US West to use in its operation, if necessary. Should the encountered or suspected
material prove not to be hazardous, US West shall proceed with fire 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 encowtetrd or suspected Hazardous substances
are or may be the result of the acts or omissions of US West, 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 US West's expense, and US West shall have no recourse against Grantor for the
cost of scheduled delays incurred due to the delay in operation. For the purposes of
this Easement, it shall not be considered an act or omission of US West, if in the
placing of its facilities in the Easement Area, US West encounters a hazardous
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substance which existed in the Easement Area prior to the grant of this Easement. Any
environmental mitigation requirements imposed as a result of the exercise of any right
or obligation of US West hereunder shall be the sole responsibility and expense of
US West. Any removal, disposal or other handling costs incurred by US West shall be
limited to hazardous substances in the Easement Area.
4. Use and Activities. Except as provided in Paragraph 1, US West shall not use,
or allow the use of the Easement Area. for any purpose whatsoever. US West shall
exercise its rights under this Agreement so as to minimize, and avoid if reasonably
possible, interference with Grantors use of the Easement Area as set forth in
Paragraph 5. US West shah., at all times, exercise its rights hereunder in a manner so
as to prevent bodily harm to persons (whomsoever) and damage to property
(whatsoever). US West shall maintain and repair the Easement Area (and
,r4 improvements thereon) as necessary to keep the same in a neat, clean and safe
condition.
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N5_ Grantor's Use of the Easement Area and Access by Grantor During
-4 Construction. Grantor reserves the right to use the Easement Area for any purpose not
Cinconsistent with the rights herein granted; provided, that Grantor shall not construct or
r_v maintain any building or other structure on the Easement Area which would interfere
Qn with the exercise of the rights herein granted. US West shall make provisions
satisfactory to Grantor for continued access by Grantor along, over and across the
Easement Area during periods in which US West 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. Indemni1y. US West 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, snits, 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 US West costs, expenses and
reasonable attorneys' fees incurred by Grantor in defense thereof, arising directly or
indirectly from, on account of, or in connection with US West's operation,
maintenance and control of the Easement Area (and improvements made thereon by
US West). 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.
7. Abandonmesrt. The rights herein granted shall continue until such time as
US West 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.
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8. Notices. Notices required to be in writing under this Agreement shall be
personaly 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 Commercial Airplane Group
P.O. Box 3707 - MIS 75-66
Seattle, WA 98124-2207
Attn: Manager of Planning &
Leased Properties
Phone: 237-1945
with a copy to:
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Boeing Commercial Airplane Group
P.O. Box 3707 - M/S 76-52
N
Seattle, WA 98124-2207
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Attn: Division Counsel
Phone: 237-2682
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To US West: US West Conhrnhminations, lnc.
Room 1703, 1600 - 7th Avenue
Seattle, WA 98191
Attn: D.L. Dauphiny
Phone: 345-1163
Either party may change the address to which aotices may be given by giving notice as
above provided.
9. Access. US West shall have the right of reasonable access to the Easement
Area over and across adjacent lands owned by Grantor to enable US West to exercise
its rights hereunder, provided that US West shall compensate Chmstor 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 Wammlig, The rights granted herein are subject to permits, leases,
licenses, and easements, if any, !heretofore granted by Grantor atfectiag the Easement
Area. Grantor does not warrant title to its property and shall not be liable for defects
thereto or failure thereo. Any plans, specifications, or drawings (collectively,
"Submittal") provided by US West to Grantor pursuant to this Agreement are for , • •
Grantor's informational purposes only. Any analysis, review or approval by Grar.�or,
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 US West of any of its
obligations under this Agreement. Grantor hereby expressly disclaims any and all
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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 Assigns. The rights and obligations of the parties shall inure to
the benefit of and be binding upon their respective successors and assigns.
12. Termination.
12.1 In the event US West 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 US West 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 terr anate US West's rights under this
Agreement in addition to and not in limitation of any other remedy of Grantor at law or
q4 in equity, and the failure of Grantor to exercise such right at any time shall not waive
C4 Grantor's right to terminate for any future breach or default.
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G 12.2 Upon termination of this Agreement and if requested by Grantor, US West
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Nat its sole cost and expense, shall remov - _. om the Easement Area any and all
0 ; improvements thereon and restore the Easement Area to a condition as good or better
.� than it was pr r to construction of said improvements.
123 No termination of this Agreement shall release US West from any liability
or obligation with o any prior to such termination.
DATED , 1993.
US WEST:
US West Communications, Inc.
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GRANTOR:
The Boeing Company,
by and through its division,
Boeing Commercial Airplane
Group
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STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On thisday of 993, before me the undersigned personally
appeared - J. NELSON to me known to be the person who signed as DIRECTOR OF
FACILITIES of Boeing Commercial Airplane Group, a division of THE BOEING
COMPANY, the corporation that executed the foregoing instrument, and
acknowledged the said instrument to be the fine and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned, and on oath stated that he
was duty authorized to execute the said
WITNESS my hand and official above
written.
jN4Publim and Afor the
State of Was ' residing
at
My commission exp ,
STATE OF WASHINGTON )
} ss.
COUNTY OF KING )
On this ioTtt day of V@Wu.,-Ars1993, before me the undersigned
appeared9.L.-U� Q�r.1to me known to be the 4,,�4 ,J od�e.of US We.
Communications, Inc. the corporation that executed the foregoing instrn
acknowledged the said instrument to be the free and voluntary act and de
corporation, for the uses and purposes thee: -in mentioned, and on oath sty
was duly authorized to execute the said instrument.
WITNESS my hand and official seal hereto affixed the day and y+
written_
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Notary fubfic m'W for the
State of Washington residing
at Ljorib l"w J, . C
My commission expires 3-j
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EXHLL IT A
Portion SW 1/4 of NE1/4 and of MY1/4 of SE1/4 beginning at intersection of North
margin of S. 153rd Street also mown as Bond Issue Road No. 10 Survey No. 1142 with
boundary C.D. Hillmans Earlington Gardens Addition to City of Seattle Div. No. 1 and
morning thxeam along said North marga 350 feet to True Point of Beginning this
description; thence continuing westerly along said North margin 257 feed thence
northerly at right angles to said S. 153rd Street to southerly margin of Right of Way State
Highway No. 1; thence northeasterly along said southerly margin to a line drawn
northerly at right angles W North margin said S. 153rd Street through True Point of
Beginning; thence southerly along said last description line to True Point of Beginning.
All located in Section 24, Township 23 North, Range 4 FAo, W.M.
Said easement being five (5) feet in width and one hundred forty (140) feet in length, as
placed and located as shown on the attached mV, anached hereto and made a part
thereof. Said to be surveyed as to the exact location of the above A—'^Iv-e'-'
easement.
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