HomeMy WebLinkAboutSP-Exceptions 075_9903231481Return Address:
City of Renton
1055 South Grady Way
Renton, Wa 99055
M
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Utilities Easement $
4 Property Tax Parcel Number: 242304.9022
q4 For and in consideration of One Dollar ($ 1.00) and other valuable consideration the receipt of
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3 which is hereby acknowledged, LONGACRES PARK, INC., a Washington corporation,
M("Grantor" herein), hereby grants and conveys to the CITY OF RENTON, a municipality ("the
City" herein), for the purposes hereinafter set forth a non-exclusive perpetual easement, over,
across and under the real property, in King County, Washington, described as follows: SE 1/. ,
Section 24, Township 23 North, Range 4 East, W.M. and as further described in Exhibit A,
such easement to take up the portion of such property as is described in Exhibit B and
depicted on Exhibit C (the "Easement Area"). which such exhibits are attached hereto and
incorporated herein by this referon:e.
$ This easement is granted subject to and conditioned upon the following terms,
conditions and covenants which the City hereby promises to faithfully and fully observe and
perform.
I. Purpose. The City shall have the right to construct, reconstruct, repair, replace,
enlarge. operate, and maintain utilities and utility pipelines, including, but not limited to,
water, sewer and stone drain lines, 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, the City may
from time to time construct such additional facilities as it may require.
2. Compliance with Laws and Rules, The City shalt at all times exercise its rights herein
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in compliance with all applicable laws and regulations,
3. Removal of Fill Material. !it 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 sha'I cease all operations and notify Grantor. If the encountered
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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. U 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 the City to use in its operation, if necessary. Should the
encountered or suspected material prove not to be hazardous, the City shall proceed with the
opei ations 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.
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.7 4. The City Use anJ Activities. Except as provided in Paragraph 1, the City shall not use.
N or allow the use of, the Easement Area for any purpose whatsoever. The City shall exercise
t7 its rights under this Agreement so as to minimize, and avoid if reasonably possible.
Minterference with Grantors use of the Easement Area as set forth in Paragraph 5. The City
0 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). The City shall maintain and
repair the Easement Area (and improvements thereon) as necessary to keep the same in a neat,
clean and safe condition.
_ 5. Grantor's Usc of the Easement Area and Access by Grantor During Co true gip. 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, or; 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 the
Grantee; or; develop, landscape, or beautify the easement area in any way which would
unreasonably increase the costs to the Grantee of restoring the easement area and any private
irtprovernent3 therein, or; 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, or; blast within fifteen (15) feet of the right-of-way
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.
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6. Indemnity and Insurance. 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 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. Lefense or other protection that may be awarded by any worker's compensation,
industrial insurance or similar laws (including but not limited to, the Washington Industrial
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 fora period of five (5) successive years, in which event this
easement shall terminate and all rights hereunder shall revert to Grantor.
q 8. oti Notices
TI N�a!� required to be in writing under this Agreement shall be personally
t served or sent by U.S. mail. Any notice given by mail shall be deemed to cave been received
r when three days have elapsed from the time such notice was deposited in the U.S. mail
addressed as follows:
0% To Grantor: Longacres Park, I-ic.
c% Hoeing Commercial Airplanes
P.O. Box 3707 - M/C 2R-71
Seattle, WA 98124-2207
Attn: Manager of Planning & Leased Properties
Telephone: 206-544-5985
with a copy to: Office of the General Counsel
The Boeing Company
P.O. Box 3707 - MIC 13-08
Seattle, WA 98124-2207
Telephone: 206-655-2405
To The City: City of Renton
1055 South Grady Way
Renton, WA 98055-3232
Attn: Water Utility
Telephone: 425-430-7216
Either party may change the address to which notices may be given by giving notice as above
provided.
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9. Access. The City shall have the right of reasonable access to the Easement
and across adjacent lands owned Area over
by Grantor to enable the City to exercise its rights hereunder,
provided that the City shall compensate 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,
to. W L s' 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 ;isle to its property and shall nx 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
such Submittal
Grantor, or Grantor's failure to analyze, review or approve
tal (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 orimplied, with respect to any such Submittal
developed, reviewed or approved by Grantor as a condition of this Agreement.
11. Successors and 4Zicns. The rights and obligations of the parties shall inure to the
iT benefit of and be binding upon their respective successors and assigns.
12. Termination• ltelocatioot.
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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 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 the City breaches or fails to perform or observe any of the terns
and conditions herein, and fails to cure such breach or default within ninety (90) days I
Grantors giving the City written notice thereof, or, if not reasonably capable of being of
within such ninety (90) days, within such other period of tune as may be reasonable in the
circumstances, Grantor may terminate the City's nghts 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 temtiaate for any
future breach or default.
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12.3 Upon termination of this Agreement and if requested by Grantor, the City, 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.
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12.4 No termination of this Agreement shall felease the City from any liability or
obligation with respect to any matter occurring prior to such termination.
DATED A4 � day of l� 1999.
THE CITY: GRANTOR:
City of Renton Longacres Park, Inc.
a Washington Corporation
By:
esse anner `�•_
Itt: Ma
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ATTEST
Harilyq eraen, City Clerk
Vol
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REMAINDER OF PAGE. INTENTIONALLY LEFT. BLANK
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STATE OF WASHINGTON )
COUNTY OF KING )
On this L day o 1999, before me the undersigned personally
appeared J.1. NELSON to me kno t be the Vice President of LONGACRES 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 execute the said instrument.
written. WITNESS my hand and official seal hereto affixed the day and year first above
Na Ailii,nd for the
r!'
State of Washington residing
sy at
t7
My tmission expires 6���
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
On this day Of 1999 before me the undersigned personal) appeared
AK ♦ to me known to be the municipality
that executed the foregoing instrument, and knowledged 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 execute the said instrument.
written WITNESS my hand and official seal hereto affixed the day and year first above
Notary Public in and for the
State of ashington residing
at
My commission expires t-
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EXHIBrF A
(legal description of smient estate)
An easement situate in the SE tk, Section 24, Township 23 N, Range 4 E, W.M.
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EXHIBIT B
(legal description of Easement Area)
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LEGAL DESCRtrnON
An as6mmt for wamdiae p rpown dame in a pad= of the Soethetrt 1/4 of Satin 24, Township 23 North,
Range 4 East, Willamaoe Meridian, Cloy of RNWO County of Kinf, State of WasWagtoa, being 13.00 Post
wide stripe of had lying 7.30 feet Jell at and 7.90 feet tight of the Wowing daQibed oataliama, eaeept AS
MAW:
commeadaa at the aamhwast cmaer of tha Southem 114 of the SmWma IN of Socdon 24, Township 23
North, Range 4 Eat, Willonme Maidisa from which the seutbat corer of said Section 24 ban Sash
a7•Ig'37" Ens!, 1343.27 fed; Them Sash vois 3 r Eart, 40.63 feet own the south Ilse of maid Sachem
1/4 of the Southeast 1/4 to the proposed a** right-efwmy of O&mdahe Avenue SW; Titnaoe North
0°ig'36 - Wa4 546.19 fmt alma add paposod a moody right-f-W 'Ibmac aoodinninS shag said I 1 1
easterly A&-Qf-wsy along a umgm cave to the right, aid ctve btalag an art knph of 370.35 feet, a rsdia
of 4955.00 fed, a central angle of 4.17103" and a chord Wat ban North 1.49'3F Hest, 370.47 feet to Wa
Phial sf 13egiasiag hadnaaer n 6 J to n'tsist A";
Thane North g9'S9'36" East. 14.13 feet to a point havimAer edited to at "fatal if'; Thom continuing
North a9039'.5C East, $0.84 feet Thaw Noah 63'23'4T Emat 54.74 fed; Town Seth 70.31'36" East,
46.32 foci; Thence South 37903'31" East, n.26 Rat to a point bmWd w refereed toas "!Dist C'; Thetloe
continuing Seth 57*03,51" Pad, 90.62 fed; Theoeo South 77'46'49" Prue, 73.07 feet; Thence Seth
gr33'36" E&K 67.27 fit to the Termites of this aaemeat.
Also Beaiaalag at `pout B"; T cm North 0'00'0C Wed, 20.00 fee to the Teradwu of this eaement
Also a 30.00 foot wide strip of land lying 13.00 fed let oG and 15.001ed right of the foi OMM d -tend Pins;
liagiasi ig at "Psim C'„ Tlhesao North 3Y36'09" Bap, 36.00 fit 10 tho Tawim of" a mot.
Also eommendaa at `paint A"; Them along said prq+aad -seedy nght-f-way along a tangent carve to 66
right, said curve having an arc laogdt of 130.60 fat, a radio of 499-00 fed, a csttnl a6aie of 1'44'33' and
a chord that bean North 4°50'46" Bast, 130.69 feat; Thence coobu* along Maid pwpmd eatarly tiShl-OP
way NoAh 5'43'02' Bast, 217.31 fast to do psiot of IBegisoiq (A m on she attached msp exhibit as
'Point D'); Thence South g7.30'47" End, 97.07 feet Ilia= South 2V9'13" West, 19.00 feet to the
Teealaus of this enseateot
to/,/o
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EXHIBIT C
(drawing showing Easement Area)
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