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HomeMy WebLinkAboutSP-Exceptions 079_20010124000403When Recorded, Please Return To Gerald Bresslour Office of the General Counsel The Boeing Company M/C 13-08 P O Box 3707 Seattle, WA 98124-2207 DOCUMENT TITLE Easement d REFERENCE NUMBERS OF RELATED DOCUMENTS GRANTOR Longacres Park, Inc, a Washington corporation GRANTEE QWEST Corporation, a Colorado corporation LEGAL DESCRIPTION Servient Estate That portion of Government Lot 8, Section 24, Township 23 North, Range 4 East, Willamette Meridian in King County, Washington and more fully described on page 8 Dominant Estate ASSESSOR'S PARCEL NO(S) 000580-0016-00 and 000580-0018-08 Said document(s) were filed for record by Transnation Title as accommodation only It has not been examined as to proper execution or as to its effect upon title, h TAX O�ED �Ea ords Drvis,on / aA � aputy EASEMENT 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 (the "Grantor"), hereby grants, declares, reserves and conveys to QWEST CORPORATION, a Colorado corporation, (the "Grantee"), for the purposes hereinafter set forth a non-exclusive, 7-foot wide perpetual easement, over, across, under and through the real property, in King County, Washington, as 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 reference 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 telecommunication Imes over and/or under the Easement Area together with all necessary or convenient appurtenances to serve the temporary commuter rail station constructed or to be constructed by Central Puget Sound Regional Transit Authority in the vicinity of the Grantor's property 2 Compliance with Laws and Rules Grantee 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 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 nonhazardous 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 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 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 removal, disposal or handling of the hazardous substances 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 sole responsibility and expense of Grantee 4 Grantee Use and Activities Except as provided in Paragraph 1, Grantee shall not use, or allow the use of, the Easement Area for any purpose whatsoever Grantee acknowledges the existence of a prior easement granted to Puget Sound Power & Light Company, a Washington corporation, (now known as Puget Sound Energy) as grantee, by Grant of Easement dated January 20, 1978, and recorded as Document No 7802210692 and re -recorded as Document No 7803280694 Grantee agrees that its rights granted hereunder shall be subordinate to the rights granted to Puget Sound Power & Light Company thereunder, and agrees that it will not disturb such party in the use and enjoyment of the Easement Area and its rights under said Grant of Easement In addition, Grantee shall exercise its rights under this Easement so as to minimize, and avoid if reasonably possible, interference with Grantor's use of the Easement Area as set forth in Paragraph 5 Grantee 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) Grantee 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 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 Grantor 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 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 `v 6 Indemnity and Insurance C,1 6 1 Grantee agrees to release, indemnify and hold harmless Grantor, The Boeing Company (the parent corporation of Grantor), their respective corporate affiliates, Grantor's successors or assigns in title to the Property, 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 character 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 in connection therewith (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 the extent that it was caused by the negligence or willful misconduct of the Indemnified Parties Grantee 0 C C14 expressly waives any immunity under industrial insurance whether arising from any statute or other source, to the extent of the indemnity set forth in this paragraph 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 In the event that Grantee is successful in proving that the foregoing indemnity is limited by applicable law, Grantee shall defend, indemnify and hold harmless the Indemnitees to the full extent allowed by applicable law In no event shall Grantee's obligations hereunder be limited to the extent of any insurance available to or provided by Grantee 62 Grantee shall carry and maintain, and shall ensure that any Contractor carries and maintains, Commercial General liability insurance with available limits of not less than One Million Dollars ($1,000,000 00) per occurrence for bodily injury, including death, and property damage combined, One Million Dollars ($1,000,000 00) general aggregate Such insurance shall be in a form and with insurers acceptable to Grantor and shall contain coverage for all premises and operations, broad form property damage and contractual liability (including without limitation, that specifically assumed herein) Any policy which provides the insurance required under this paragraph shall (a) be endorsed to name "Longacres Park, Inc , The Boeing Company and its subsidiaries and their respective directors, officers, employees, agents, attorneys and assigns" as additional insureds (hereinafter "Additional Insured") with respect to any liability arising out of Grantee's presence on the Property (or such Contractor's presence as the case may be), (b) be endorsed to be primary to any insurance maintained by The Boeing Company or Longacres Park, Inc , (c) contain a severability of interest provision in favor of the Additional Insured and (d) contain a waiver of any rights of subrogation against the Additional Insured If licensed vehicles will be used in connection with this Easement, Grantee shall carry and maintain, and shall ensure that any Contractor who uses licensed vehicles in connection with this Easement carries and maintains, Automobile Liability insurance covering all vehicles, whether owned, rented, borrowed or otherwise, with limits of liability of not less than One Million Dollars ($1,000,000 00) per occurrence combined single limit for bodily injury and property damage Grantee shall cover or maintain, and shall ensure that any Contractor covers or maintains, insurance in accordance with the applicable laws relating to workers' compensation, with respect to all of their respective employees working on or about the Property, regardless of whether such coverage of insurance is mandatory or merely elective under the law Grantee shall not access the Property unless Grantee shall have first provided for Grantor's review and approval, a certificate of insurance reflecting full compliance with the requirements set forth herein Such certificate shall list Longacres Park, Inc as certificate holder and shall be kept current and in compliance throughout the period of this Easement and shall provide for thirty (30) days advance written notice to Grantor in the event of cancellation The insurance provisions in this Section 6 2 can be substituted with self-insurance 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 or when Grantee's telecommunications line(s) no longer serves the railroad station, 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 Easement shall be personally 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, postage prepaid, addressed as follows To Grantor The Boeing Company P O Box 3707 — MIS 2R-79 Seattle, WA 98124-2207 Attn Director of Real Estate Phone 206-544-5891 To Grantee QWEST Corporation 14808 Southeast 16°i Street Bellevue, WA 98007 Attn Mr Don L Dauphmy Phone 206-346-7458 Either party may change the address to which notices may be given by giving notice as above provided 0 c, 9 Access Grantee shall have the right of reasonable access to the Easement Area -T 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 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 detects thereto or failure thereof Any plans, specifications, or drawings (collectively, "Submittal") provided by Grantee to Grantor pursuant to this Easement 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 its obligations under this Easement 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 Easement 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, Relocation 12 1 Grantor may require Grantee to relocate the Easement Area granted hereby at any time and from time to time to another area of the Grantor's 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 Easement from the date of such relocation 122 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 Easement 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 terminate for any future breach or default 123 Upon termination of this Easement 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 Easement Area to a condition as good or better than it was prior to construction of said improvements 124 No termination of this Easement shall release Grantee from any liability or obligation with respect to any matter rrjjoccurring prior to such termination DATED �J tiNv� CJ `2�G Grantee Grantor c1 QWEST orporation Longacres Park, Inc cv By By sbph l vow Its Its +s:n" ACKNOWLEDGMENT State of California ) ss County of Los Angeles ) I certify that I know or have satisfactory evidence that 54.01el) �J .C'xt", Ker- is the person who appeared before me, and said person acknowledged that he/s4e-signed this instrument, on oath that he/*he-was authorized to execute the instrument and acknowledged it as the of Longacres Park, Inc to be the free act and voluntary act and deed of such party for the uses and purposes mentioned in the instrument Dated OI -D6-O/ DAWN E SHAVER COMM x 1158725 J) Notary Public California M ORANGE COUNTY SMY COMM Expires Oct 14, 2001 f �J 0 c� v cv 0 State of Washington County of King Notary Public in and for the State of l" alp 4-lu et- Wasltt»gtm, residing at --ZC>(v 1)d irod My appointment expires /O-/q - C"/ ACKNOWLEDGMENT ss I certify that I know or have satisfactory evidence that AA Roil W W i LLIAm 5 is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath that he/she was authorized to execute the instrument and acknowledged it as the EH,,/IA/4E2 of QWEST Corporation to be the free act and voluntary act and deed of such party for the uses and purposes mentioned in the instrument Dated 1 - 10-OI N � OAUpy�tt �`SSiOiy' "ze •. i 0� NOTAR), �? 19�• 1 a.0 1��t��WASN Notary Public in and for the Stati e of Washington, residing at Z55Qebij1 F/, 1�tAS-hr, row My appointment expires 2- j g _ ZQpd EXHIBIT A (Description of Servient Estate) THAT PORTION OF GOVERNMENT LOT 8, SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, LYING EAST OF THE NORTHERN PACIFIC RAILWAY RIGHT OF WAY AND SOUTH OF SOUTH 153RD STREET, FORMERLY KNOWN AS RENTON JUNCTION PAVED HIGHWAY SURVEY NO 1599 P H NO 26, AND THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, LYING SOUTH OF SOUTH 153Ro STREET, FORMERLY KNOWN AS RENTON JUNCTION PAVED HIGHWAY SURVEY NO 1599 P H NO 26, AND GOVERNMENT LOT 14, SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, AND THAT PORTION OF HENRY A MEADERS DONATION LAND CLAIM NO 46, SECTIONS 24 AND 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS BEGINNING 438 9 FEET WEST OF THE NORTHEAST CORNER OF SAID DONATION CLAIM, o THENCE SOUTH 340 FEET, THENCE WEST 485 1 FEET, THENCE SOUTH TO A POINT 410 FEET NORTH OF THE SOUTH LINE OF SAID c+ DONATION CLAIM, THENCE WEST TO THE EAST LINE OF THE NORTHERN PACIFIC RAILWAY RIGHT OF WAY, THENCE NORTH ALONG SAID EAST LINE OF SAID RIGHT OF WAY TO THE NORTH LINE OF SAID DONATION CLAIM, THENCE EAST TO THE POINT OF BEGINNING, EXCEPT THAT PORTION THEREOF CONVEYED TO NORTHERN PACIFIC RAILWAY COMPANY BY DEED RECORDED JULY 2, 1923, UNDER RECORDING NUMBER 1755253, AND EXCEPT ANY PORTION THEREOF LYING WITHIN THE RIGHT OF WAY OF SOUTHWEST 16T" STREET (SOUTH 153RI STREET) AS PRESENTLY ESTABLISHED EXHIBIT B The Easement Area, being 7-foot wide, granted by this Easement shall coincide with the easement area of the grant of easement by Broadacres, Inc , a corporation, as Grantor, and Puget Sound Power & Light Company, a Washington corporation, as Grantee, by grant of Easement dated January 20, 1978, recorded as Document No 7802210692 and re -recorded as Document No 7803280694