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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 City of Renton, a muncipality of the State of Washington (the "City"
herein), for the purposes hereinafter set forth a non-exclusive perpetual
easement, over, across and under a portion of the real property, in King
County, Washington, described in Exhib;t A and depicted on Exhibit B (the
"Property"), such easement occupying the portion of the Property described in
Exhibit C (the "Easement Area'), all of which exhibits are attached hereto and
incorporated herein by this reference.
at This easement is granted subject to and conditioned upon the following
0 terms, conditions and covenants which the City hereby promises to faithfully.
p and fully observe and perform.
M1. Purpose. The City shall have the right to construct, operate, maintain,
N repair, replace, and enlarge sewer pipelines together with all necessary
appurtenances.
2. Compliance with Laws and Rules. The City shall at all times exercise ftss
rights herein 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 1, the City shall cease all
operations and notify Grantor. If the encountered 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 file 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 the City to use in its operation, if necessary. Should the
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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's Use and Activities. The City shall exercise its rights under
M this Agreement so as to minimize, and avoid if reasonably possible,
M interference with Grantor's use of the Easement Area as set forth in
p Paragraph 5.
O
5. Grantor's Use of the Easement Area and Access by Grantor During
Construction. Grantor reserves the right to use the Easement Area for any
purpose not inconsistent with the rights herein granted; provided, that
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Grar For shall not construct or maintain any building or other structure on the
Easement Area 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. 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
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purview of RCW 4.24.115, such obligation shall apply only to the maximum
extent permitted 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 Industri. I 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
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be personally served or sent by U.S. mail. Any notice given by mail shall be
p
deemed to have been received when three days have elapsed from the time
M
such notice was deposited in the U.S. mail addressed as follows:
To Longacres Park, Inc.
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Grantor: c/o Boeing Commercial Airplane
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Group
P.O. Box 3707 - MIS 75-66
a
Seattle, WA 98124-2207
1
Attn: Manager of Planning &
Leased Properties
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Phone: 237-1945
with a copy to:
Boeing Commercial Airplane
Group
P.O. Box 3707 - MIS 76-52
Seattle, WA 98124-2207
Attn: Group Counsel
Phone: 237-2682
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To the City of Renton
City: Department of Planning, Building
and Public Works
200 M. ill Ave.
Renton, Washington 98055
Attn: Neil Watts
Phone: 206-277-6176
Either party may change the address to which notices may be given by giving
notice as above provided.
on
p 9. Access. The City shall have the right of reasonable access to the
t Easement Area over and across adjacent lands owned by Grantor to enable the
pCity to exercise its rights hereunder, provided that the City shall compensate
v4 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 Assigns. The rights and obligations of the parties shall
inure to the benefit of and be binding upon their respective successors and
assigns.
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12. Termination; Relocation.
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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
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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 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
GO terminate for any future breach or default.
M12.3 Upon termination of this Agreement and if requested by Grantor,
Othe City, at its sole cost and expense, shall remove from the Easement Area
94 any and all improvements thereon and restore the Easement Area to a
Ncondition as good or better than it was prior to construction of said
4 improvements.
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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 P f &,U &;,R 199G.
The City: GRANTOR:
The City of Renton Longacres Park, Inc.
By:'�". By.
Jesse Tanner I Nelmn
Its: Its: COltlezW39"
ATTEST:
Marilyn etersen, City Clerk
5
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•
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STATE OF WASHINGTON )
ss.
COUNTY OF KING/ )
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On this, day of / `w�� 1994, before me the undersigned personally
appeared J. J. NELSON to me known to be the person who signed this instrument as
Vice -President of Lorgacres 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 execyte the saiinstrument.
WITNESS my hand and official seal he a ' " iel rrst above
written. -
Notary Pub is in and for the
State of Washin ton res din
� My commissior, expires
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G STATE OF W ASHINGTON )
) ss.
COUNTY OF KING )
d On this�ay of CP h A994, before me the undersigned personally
appeared gyro me known to be the ALaMgr _- of The City of Renton, the
municipality 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 s/he was duly authorized to
execute the said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above
written.
ota y Public in add for the
Sta of W shington residing
at
My commission expires LU /9-97
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V�
EXHfBIT A
(legal description of the Property)
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EXk1bry A
PARCU, I
All that certain real property situate in the City of Renton, County of King, State of Washington,
being Government Lot 14, and a portion of Government Lot 8, both in Section 24, Township 23
North, Range 4 East. Willamette Meridian, and a portion of the N.W. 1/4 of the S.E. 1/4 of said
Section 24, and a portion of the N.E. 1/4 of the S.E. 114 of said Section 24, and being more
particularly described as follows:
BEGINNING at the Southwest comer of the N.E. 114 of the S.E. 1/4 of said Section 24; thence
pj from said POINT OF BEGINNING, along the East line of said Government Lot 14 S00'56'17'W
C 68.96 feet to the North line of Henry A. Meader's Donation Land Claim No. 46; thence along said
C North line N87'13'57'W 1462.38 feet; thence leaving said North line N00'22'11'E 1022.22 feet
O to the southerly right-of-way line of I-405; thence along said southerly right-of-way line and the
vol south right-of-way line of S.W. 16th Street from a tangent that bears N62'52'57'E, along the arc
of a curve to the right having a radius of 543.14 feet and a central angle of 26'45'00', an arc length
of 253.58 feet; thence tangent to the preceding curve N89'37'57'E 1079.63 feet; thence tangent to
the preceding course along the arc of a curve to the left having a radius of 1940.08 fat and a antral
angle of 02'52'00% an arc length of 97.07 feet; thence tangent to the preceding curve N86'45'57 L
4.56 feet; thence tangent to the preceding course along the arc of a curve to the right having a radius
of 1880.08 feet and a antral angle of 01 *32'55', an arc length of 50.81 feet; to the northwest comer
of the parcel conveyed to the City of Renton under A.F. #8911030810, King County records; thence
along the boundary of last said parcel S08'35'56'W 42.70 feet and N79`13'48'E 58.77 feet to the
west right of way line of the White River Drainage Ditch No. 1, as condemned in Superior Court
Cause No. 32912, King County Records; thence along said west right of way line the following
courses: SOO'25'33'E 47.35 feet, S01'48'32'W 44.26 feet, S07'14'42'E 48.28 feet, S19'25'58'E
66.50 feet, S20'05'30'E 40.14 feet, S30'55'50'E 51.32 feet, S39'53'54'E 32.19 feet, S30'06'16'E
76.04 feet, S27' 12'00'E 34.56 feet, S31'19'50'E41.01 feet, S36'00'41'E74.11 feet, S31'50'12'E
42.02 feet, S42'05'27'E47.21 feet, S40'19'57'E47.67 feet, S45'25'52'E59.32 feet, S50'37'12'E
39.63 feet, S51'16'55'E 68.16 feet, S81'36'50'E 62.75 feet, N86'59'20'E 94.92 feet,
S55'04'26'E 53.26 feet, S48'31'30'E45.85 feet, S39'25'24'E 49.84 feet, S36'49'16'E46.76 feet,
S44'53'21'E 48.07 feet, S29'35120'E 35.41 feet, S30'48'41-E 46.69 fea, S20'07'49-E 85.72 feet,
and S24'18'59'E 68.77 feet to the South line of the N.E. 1/4 of the S.E. 1/4 of said Section 24;
thence along last said South line N87'26'45'W 918.35 feet w the POINT OF BEGINNING.
Contains 47.669 Acres of land more or less.
The Basis of Bearings for this description is the Record of Survey for Broadacres Inc., recorded in
Book 10 of Surveys at pagg,�.gnder Recording No. 7707289002, King County records.
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•
EXHIBIT B
(drawing showing Easement Area and Property)
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SANITARY SEWER EASEMENT
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DESCRIPTION EXHIBIT
PENTON WASHIN GTON
EXNIBiT B
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EXHIBIT C
(legal description of Easement Area)
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P PACIFIC
3025 1121h Avenue N r:
PO V,,('-973
I3c11— -WA 9R(K)9-9104
EXH1611 C
SANITARY SEWER EASEMENT
An easement in the S.E.1/4 of Section 24, Township 23 North, Range 4 East, Willamette Meridian,
and being a portion of Parcel I as shown on the Record of Survey of Longacres, recorded in Book
85 of Surveys, at Page 27, King County Records, said easement being for the construction,
operation, and maintenance of a sanitary sewer system, on, under, over, and along the following
described parcels:
BEGINNING at a point which bears N52'42'31'E 1658.95 feet from the Southwest corner of said
Parcel 1; thence from said POINT OF BEGINNING N41'56'26'E I01.39 feet to the South line of
the S.W. 16th Street Right -Of -Way as set forth in Recording Number 950�{06O139 King County
records; thence along last said South line N86'44'22'E 21.29 feet thence leaving said South line
OS41'56'26"W 116.50 feet; thence N48°03'34'W 15.00 feet to the POINT OF BEGINNING.
01
ALSO BEGINNING at a point which bears N65'33'20"E 1574.09 text from the Southwest corner
of said Parcel 1; thence from said POINT OF BEGINNING N63'31'55'E 44.50 feet to the West
rl line of an existing Utility Easement as set forth in Recording Number 6150815, King County
Nrecords; thence along said West line S00°56'14"W 16.90 feet; thence leaving said West line
:D S63'31'55"W 37.08 feet; thence N25°04'37"W 15.00 feet to the POINT OF BEGINNING.
0!
The Basis of Bearings for this Description is the Record of Survey filed in Book 10 of Surveys at
Page 2.
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