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HomeMy WebLinkAboutSP-Exceptions 073_9901212193Seattle City Light Real Estate Services 700 Fifth Avenue, Room 2808 Seattle, WA 98104-5031 EASEMENT (Guy Wires and Anchors) P.M. 9230425-1-001C Tax Parcel 9 000580-00017 C/L Comptroller # ` 1 OO For and in consideration of One Dollar ($1.00) and other valuable consideration the receipt of which is hereby acknowledged, LONGACRES PARK, rNC., a Washington corporation, ("Grantor" herein), hereby grants and conveys to CITY OF SEATTLE, a 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 as follows: That portion of the Henry A. Meander Donation Land Claim No. 46, in the Northeast 1/4 of Section 25, Township 23 North, Range 4 East, W.M., described as follows, lying Northerly of the Northerly line of the City of Seattle, Bow Lake Pipeline Right -of -Way (Cedar River Pipeline No. 4 Right -of -Way) Beginning at the point of intersection of the South line of Henry Meader Donation Claim No. 46, and the East line of Government Lot I0 in the Northeast quarter of Section 25, Township 23 North, Range 4 East, WM, King County, Washington; thence south along the East lime of said Government Lot 10 a distance of 15 feet; thence South 87° 13' 57" East Parallel with the south be of Henry Meader Donation Claim No. 46 a distance of 58 feet, more or less, to the East margin of Oaksdale Avenue Southwest; thence South 00' 18' 36" East along said East margin 15 feet; thence South 87° 13' 57" East 50 feet more or less; thence North 00° 18' 36" West parallel with and 50 foot distant measured at right angles from said East margin of Oaksdale Avenue Southwest to the northerly line of the City of Seattle, Bow Lake Pipe Line Right -of -Way; thence South 72' 44' 48" West along said Northerly line 15.68 feet; thence North 00' 18' 36" West a distance of 10 feet; thence West at right angles 10 feet; thence South 00° 18' 36" East 13.05 feet to said northerly line; thence South 72044'48" West along said northerly line 26.13 feet to the east margin of Oaksdale Avenue Southwest; thence South 00' 18' 36",West along said East margin of Oaksdale Avenue Southwest, to a point 15 feet North of the south line of Henry Meader Donation Claim No. 46; thence North 87° 13' 57" West 58 feet, more or less, to the East line of said Government Lot I0; thence south along the East line of said Government Lot 10 a distance of 15 feet to the point of beginning. EXCISt- TAX NOT i u �. t.! • u dpP:� - L`tnc..ou M 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. Grantee shall have the right to construct, operate, maintain, repair, replace and enlarge one Or more electric transmission and/or distributiop lines over and/or under the Easement Area together with all necessary or convenient appurtenances thereto, which may include but are not limited to the following: poles with crossarnls, braces, guys and anchors, electric transmission and distribution lines, communication signal lines, and transformers. 2. Somolianre 4v_ith i.aws and Rules. Grantee shall at all times exercise its rights herein in compliance with all applicable laws and regulations. 3. Removal o T'itl Material. 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 non -hazardous 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 it-, own cost, with no recourse against the Grantor for the cost of schedule delays incurred duo 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 other handling costs incurred in connection with the remove.], disposal or handling of the hazardous subs.ances 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 sale responsibility and expense of Grantee. �t 4. Qrantc&s Usg..Apd Activities. Except as provided in Paragraph 1, Grantee shall not use, or allow the use of, the Easement Area for any purpose whatsoever. Grantee shall exercise its C� rights under this Agreement so as to minimize, and avoid if reasonably possible, interference mot. with Grantor's use of the Easement Area as set forth in Paragraph 5. Grantee shall, at $J1 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. S. Grantor's Use of the Easement Area and Access by Grantor During Conitaxtion. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted; provided, that Grantor shall not construct or maintain any building or other structure on the Easement Area which would interfere with the exercise of the Tights herein granted- Grantee shall make provisions satisfactory to Grantor for continued access by Grantor along, over and across the Easement Area during periods in which Grantee 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 and Ins rt� ante. 6.1 Grantee agrees to release, indemnify and hold harmless Grantor, The Boeing Company (the parent corporation of Grantor), their respective corporate affiliates, and their 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 cnaracter 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 its correction therewith (6.1 Indemnity and Insurance Continue (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 Grantee's negligence or willful misconduct in the operation, maintenance, use, or control of the Easement Area (and improvements thereon) or the negligence or willful misconduct of 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 tite extent that it was caused by the 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 4.24.1 15, such obligation shall apply only to the maximum extent permitted by RCW 4.24.115. 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 uired to be in writing under this Agreement shall be personally O� served or sent by U.S. mail. Any notice given by mail shall be deemed to have been received te+t when three days have elapsed from the time such notice was deposited in the U.S. mail Co addressed as follows: ty I To Grantor: Longacres Park, Inc. P.O. Box 3707 - NVS 75-66 O Seattle, WA 98124-2207 Attn: Manager of Planning & Leased Properties Phone: 544-59FS To Grantee: City of Seattle Seattle City Light Real Estate Services 700 Fifth Avenue, Room 2808 Seattle, Washington 98104-3300 Attn: William P. Cluckey Senior Real Property Agent, Real Estate Services Phone: (206) 684-3327 Either party may change the address to which notices may be given by giving notice as above provided. 9. Access. Grantee shall have the right of reasonable access to the Easement Area over and across adjacent lands owned by Grantor to enable Grantee to exercise its rights hereunder, provided that Grantee shall compensate Grantor for any damage to the Easement Area and/or such adjacent lands 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 1Yarran i . 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 tide to its property and shall not be liable for defects thereto or failure thereof. Any plans, specifications, or drawings (collectively, "Submittal") provided by Grantee 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 Grantee of any of it-; 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 andAssians. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. 1.2. 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 Grantors 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 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 shalt not waive Grantors right to terminate for any future breach or default. 12.3 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 Basement Area to a condition as good or better than it was prior to crostruction of said improvements. 12.4 No termination of this Agreement shall release Grantee from any liability or C:) obligation with respect to any matter occurring prior to such termination. O� DATED OcTQsgig- Z 77 1993. Grantee: City of Seattle B. Its �/OP •.g AW-aNDGNf Grantor: Longacres Park. Inc. It . vice President Facilities Asset Management ACKNOWLEDGMENT State of Washi ; in SS. County of Kind ) I certify that I know or have satisfactory evidence that % is Vic person who appeared baforc&nd said person acknowledged he/sh ed this htstrument, on oath stated that Wait* was authorized to execute the instrumen and acknowledged it as the to be the free and voluntary act and deed of such party for the uses and purposes of Longacres Park, Inc. mentioned in the instrument. Dated: Or ..�. N►'!�'.p���� State of Washington Notiry Public r No State of Washington, residing at My appointment expires: ACKNOWLMOMENT SS County of King ) I certify that I know or have satisfactory evidence thathe person who appeared before me, and said person acknowledged that he/shoSlined this instrument, on oath stated that he/she was authorized to execute the instru rent and acknowledged it as the f City of Seattle to be the free and voluntary act and deed of such party for the uses and purpos mentited in the instrument. �/ .,m .W- Dated: gez- 1998 !¢w �PHF•..tJ •¢�^ Notary Public j'artd r e State of Washington, residing ae My appointment expires Are, �� APPROI"ED AS TO FORAI OYlY IVIAP.'t hl. 31DRAr�r CITY A IO EY Oato,,, 1 !� SISTANT EXHIBIT A (Drawing showing Easement Area) �.o U") -0 i.