HomeMy WebLinkAboutE20221117000157Instrument Number: 20221117000157 Document:EAS Rec: S212.50 Page-1 of 10
Excise Docs: 3217843 Selling Price: S0.00 Tax Amount: S10.00 Record Date:11/17/2022 10:08 AM
Electronically Recorded King County, WA
•
Reference #s of Document Released or Assigned: None
Grantor ... ........... ... __ ......... .............. The City of Seattle, Seattle Public Utilities
Grantee. . ...... ..... __ ....................... ...... The City of Renton
Legal Description (abbreviated). ... ........ Portion of The City of Seattle Cedar River Transmission
Pipeline right of way in the E Y2 of Section 18, Twp. 23
North, Range 5 East, W.M., King County, WA
Assessor's Tax Parcel ID# ........................ Portion of 1823059208
Rainier Avenue Road Easement SPU R/W File # 327-605
THIS EASEMENT AGREEMENT, made this 26 day of &4410f- 52022 by and
between THE CITY OF SEATTLE, a municipal corporation of the State of Washington, acting
by and through Seattle Public Utilities, hereinafter called "Seattle," and City of Renton, a
political subdivision of the State of Washington, hereinafter called "Renton," WITNESSETH:
That for and in consideration of ONE and NO/100 Dollar ($1.00), the mutual covenants and
, agr , eements hereinafter set forth, and other valuable consideration, it is agreed by and between
the parties hereto as follows:
I . Seattle hereby grants to Renton, and to such municipal corporations as may become its
successor by reason of incorporation or annexation of territory, including all or any part of
the area below described, a non-exclusive casement for public roadway, Renton -owned
utilities, storm drainage, and devices for traffic control purposes, over, under and across a
portion of Seattle's Cedar River Pipeline right of way, as legally described in Exhibit A,
attached hereto (the "Easement Area").
2. Seattle retains, in its ownership of the underlying fee, the right to grant or deny permission
to use or occupy the Easement Area for any other purpose, including use by public utility
agencies; provided that such use or occupancy shall not unreasonably or penuanently
conflict with the purposes herein granted; and provided that such permitted users shall be
required to restore roadway in accordance with Renton standards.
3. Any use or occupancy of the Easement Area is subject to all rules, regulations and laws
governing the construction, operation and maintenance of such use, and shall not be
construed to replace or to be used in lieu of any permit or licenses which may be required,
granted or supervised by any other agency or subdivision of government.
Page 1 of 10
Instrument Number: 20221117000157 Document:EAS Rec: S212.50 Page-2 of 10
Record Date: 11/17/2022 10:08 AM King County, WA
Robert Gambill
SPU Rainier Avenue Road Easement ORD ATT 2
Di
4. Renton shall be responsible for the design, construction, maintenance and safety of a public
roadway, Renton -owned utilities, storm drainage, and devices for traffic control purposes,
within the Easement Area, which shall be at no cost or expense to Seattle. The use of the
Easement Axea by Renton shall in no way interfere with present or future use of said property
by Seattle for water supply lines, overhead or underground electrical transmission or
distribution facilities, or for other Seattle purposes.
5. a. Seattle shall have the right to install, repair, replace, maintain, operate and make lateral
connections to any of its water supply lines and appurtenances, electrical transmission and
distribution facilities, or other Seattle improvements within said easement area, provided
that Renton shall be notified in advance of any such work, except when an emergency exists.
b. Seattle shall immediately notify Renton of any direct interference or damage to roadway,
storm drainage facilities or other Renton improvements caused by or resulting from any
Seattle work or operation within the Easement Area. Renton shall proceed to take such
of the public.
c. Seattle shall not be liable for the relocation or repair of said roadway, or other Renton
v
to roadway, storm drainage facilities or other Renton improvements within said easemen)
area, except where such damage is caused by the sole or comparative negligence of Seattle,
its agents, or employees.
6. It is expressly understood and agreed that before any construction, improvement, maintenance,
or substantial repair of roadway and/or other improvements within the Easement Area is made
by Renton or its agents, plans shall be supplied to Seattle (Seattle Public Utilities) for approval
prior to the commencement of work except when an emergency exists. Such plans shall
indicate the pennanent grade established and depth of cover over any existing pipelines and
other existing utilities, and shall show the drainage pattern within the vicinity. No such
construction or improvements for roadway and/or storm drainage purposes shall be
undertaken without the approval, in writing, from the GM/CEO of Seattle Public Utilities.
Forty-eight (48) hours'notice shall be given to Seattle Public Utilities prior to performance of
such construction or improvements. If an emergency arises, Renton or its agents shall
immediately phone the SPU Operations Response Center at (206) 386-1800.
7. A minimum of three (3) feet of cover to the finished roadway grade shall be established over
the pipelines at the final grade. If there is to be less than three (3) feet of cover, Renton shall
install bridging over the pipelines as approved by Seattle. Maximum cover shall not exceed
six (6) feet unless approved, in writing, by SPU'.
8. There will be no construction traffic within 10 feet of the pipelines without adequate cover
or bridging as approved in advance by Seattle.
WMIUM
Instrument Number: 20221117000157 Document:EAS Rec: S212.50 Page-3 of 10
Record Date: 11/17/2022 10:08 AM King County, WA
Robert Gambill
SPU Rainier Avenue Road Easement ORD AIT 2
D1
�#1rWX1K"JWt#
(0. Renton shall be liable for, and pay throughout the term of this use, any taxes, fees or
assessments on the improvements of Renton installed, operated and maintained on the
Seattle's property, and on any property interest deemed by the King County Assessor, other
official of the State of Washington, or other entity responsible thereof, created by this
easement and shall otherwise fulfill all fiscal obligations required by law. This provision
specifically includes Surface Water Management Fees.
Lq WJK♦a ♦- - OVAPP-M, � ' � I
and representatives from and against any and all claims liens, demands, actions costs, losses,
expenses, han-n, damages, and liability of any kind or character asserted or arising from, on
account of, or in connection with: (a) Renton's exercise of its rights and obligations under
this Agreement, (b) the acts or omissions of Renton (and Renton's officials, employees,
agents, consultants, contractors, representatives, licensees, invitees, or visitors) in or upon
the Easement Area, (c) any damage to or failure of the roadway, storm drain or other Renton
improvements resulting in any damage or injury to any person or property, or any interest
of any person or entity whatsoever or (d) the use of the Easement Area by members of the
general public; provided however, nothing herein shall require Renton to so indemnify and
hold harmless Seattle to the extent of the negligence or other fault on the part of Seattle, its
officials, employees, agents, consultants, contractors, representatives or licensees.
WMEUM
Instrument Number: 20221117000157 Document:EAS Rec: S212.50 Page-4 of 10
Record Date:11/17/2022 10:08 AM King County, WA
Robert Gambill
SPU Rainier Avenue Road Easement ORD ATT 2
DI
WashingtonFees Act; Washington Model Toxics Control. Act; the Nuclear Energy and
WashingtonRadiation Act-, the Washington Radioactive Waste Storage and Transportation Act; the
thereunder fro--#-t time to Underground Petroleum Storage Tanks Act; and any regulations promulgated
Agreement13. This
binding upon and inure to the benefit of the parties hereto and their respective successors
and assigns.
Instrument Number: 20221117000157 Document:EAS Rec: S212.50 Page-5 of 10
Record Date:11/17/2022 10:08 AM King County, WA
Robert Gambill
SPU Rainier Avenue Road Easement ORD A7TT Z
D1
•
with respect to the subject property, ceases to -use said described area for roadway, Renton -
owned utilities, storm drainage, and devices for traffic control purposes, as evidenced by
abandonment, vacation or in another manner, the casement granted herein shall forthwith
THE CITE' OF SEA°TT LE
Andrew Lee
Interim General Manager and CEO
Seattle Public Utilities
Date: _ /1;24 _ ..._ _....®
STATE OF WASHINGTON )
) ss,
COUNTY OF KING )
Date:
ME
r
THIS IS 'To CERTIFY that on this day, before awe the undersigned Notary Public in and
for the State of Washington, duly commissioned and sworn, personally appeared
+ "to me known to be the &V4ke1J-[Mo;
PublicSeattle . foregoing instrument and acknowledged the said
agency,instrument to be the free and voluntary act and deed of said
therein mentioned, and on oath stated that he/she is authorized to execute the said instrument.
WITNESS my hand and official seal this _._.__day of 4V —, 2022.
rg
Notary Public in and for the State of
"°� Washinto
chi *049A. 8
residing at
„ a olio20
--- - -
",
WAS
®���J/f6t11lltt`®t�
y appointment ent expires
Page 5 of 10
Instrument Number: 20221117000157 Document:EAS Rec: S212.50 Page-6 of 10
Record Date:11/17/2022 10:08 AM King County, WA
Robert Gambill
SPU Rainier Avenue Road Easement ORD ATT 2
Dl
City of Renton Acknowledgement
STATE OF WASt- INGTON )
} Ss.
COUNTY OF
THIS IS TO CERTIFY that On this day, before me the undersigned Notary Public in and
for the Stale of Washington, duly commissioned and sworn, personally appeared
to me known to be
the City o, Renton that executed the foregoing instrument and acknowledged the said
instrument to be the free and voluntary act and deed of r agency, for the uses and purposes
therein mentioned, and on oath stated that he/she is authorized to execute the said instrument.
WITNESS my dand official seal this3---day ;
JIELDO fillvotary
'��,�•®`o�o,,000,
Public in and for the State of
!�!�
Washington
� 1
residing at,�
2W"2"°e
! 6mi61yia�®�
lj�t�
4��Ot ���
Icy appointment exiro ._� .�
Instrument Number: 20221117000157 Document:EAS Rec: S212.50 Page-7 of 10
Record Date:11/17/2022 10:08 AM King County, WA
Robert Gambill
SPU Rainier Avenue Road Easement GIRD ATT 2
Di
CedarThe ,
Rangepeline right of way through Section 18, Township 23 North,
5 East of the WiHamette Meridian, in King County, Washington.
Instrument Number: 20221117000157 Document:EAS Rec: S212.50 Page-8 of 10
Record Date: 11/17/2022 10:08 AM King County, WA
Robert Gambill
SPU Rainier Avenue Road Easement ORD ATT 2
DI
EXHIBIT B — Page I of 2
•
-�--
all
7HATFORnONOP rWHERE#M-FMR DESGRRM TRACr, DESCR(WO AS FOLtOw
00WWNG Ar NE INTERSECnON OF Thr- NOMW UW OF SAJO 7PACT AND A ONZ MAT
PS R 40 FU-7 VW- STERt Y OF A M) PARA t LJRM TH 7HE GENTERLWF- OF RAMwR AVEMw SVjTK
rHSNM Warm or br 34v KESTAWNG SAID PAR4LL& LWE, 0, 05 FEET IV 7PF,5WTH t#Vf CAF
PARfAF. OF SA0 7j;b4Cr,,
TSQVTh W I 19' EAST AkOW; $NO SOUTH J)THEJFoERTt
HW- OF A HjGkWAY
F,4SFWwrDESC,R4WV LWwp R5wRDjNG NUVSER 3101gla RECORDS OF KIljG CouNry',
JHENCENCKPq G3'57'35'EASTALQhG smo m-srow, 6s o rerrTO SAO NORTN UNE Or PARCEL
"A Or, SA 0,rRA G T,
TPENCE NORTH 8,6' 17'19 * OEST ALONG SAID NORTHUNE, 76,50FEETTO THE PONUTOF BEGAWWG
CONTAPWNG 5,020 SWARE FEE 1, MORE' OH. LESS
MMMIUAgEw
OFGAMwy ATTHF wERSECnou OF sAjo sourm-wAtEt oF PARcaA-oF SW rRAcr AND r9c F-AST
VARGMf OP ROMWER A VENUE SOU 7 R'
T"EhCE SGUIW 90' ; 7' W tAST AWNG SNO SOUTH LIME 23,02 PEET;
'rHENCS AtORIW W' Sr 3S" EAST, d 9 1 FEE T:
THE NM NlWnIERLY, MORTHEASTORLY, AAO Wllffft Y ON A CURVE M rHE AIGHTYWOSE CeNrEn
M"AR'S SOU TH 66 * 02'26'EAST, 41, 50 FEET AN ARC iN S TAWE OF 61 $6 FEEr,'
T?4ENCF,S0UTH8&- �?lq-643T,
r�W� WRrk 01'42'41'607 19,22)12EEt M SA0 NORTH t#W 01- PARCE1 "A'Or, SA4 rpACT,,
MENCE XORTH80' 1r-99OKeSid N0 SA40 NORTH UNE, 7549FEETTO 1"SEASTUNZ OFA NGHWAY
eASEWNT DESCROED ONDER R4XORMS6 WMKR 3107911 RECOWS OF KIW COLWTY,
WASHOYGM,
f'HLNCEa SOUTH 03'6l'3WV*ST ALONG SAFD EA V LM, 660OFF`FT 'TO THFTWEPOWTOPSEGIAWING
CONTA1 ,812 SQUAREFFET, MOREORLESS,
T'OTAI PFJWANEVT EASEMENT AREA COWAAWO 7,8W SOUARE-FEET, MOREORLESS,
SESUr.00CK paaff I oft
IK FIDCXIII
IAI F1,1
Parcvl- No, 182305-9209
Page 8 of'10
Instrument Number: 20221117000157 Document:EAS Rec: S212.50 Page-9 of 10
Record Date:11/17/2022 10:08 AM King County, WA
Robert Gambill
SPU Rainier Avenue Road Easement ORD ATT 2
D1
EXHIBIT " " ._ Page
RIGHT OF WAY LEGAL DESCRIPTION
[IMUNNIM"! NEW,
PERMANENT EASEMENT
�PsR
wipic wwThrrmsr a d mg compANY mrw m - oA rw Apait ° 2010l
PA . t..A:
h� f m R'T THE"Ofr TaF CMARRIVFR PfFFL1 f H7° ..W4 YLY1 H1SECTIOqv
29 TOWVSMP23 NORTHSEA, w ., fKr 'y, WASHmTON.
rY OF SEAT ,
kyCEPT T T'POP77ON f MG� MTHOV A40TONUN ION TO RENTRENTON WASH, ACCORDING TO'rke
E�
AW EXCEPT THAT PORMN Or 7 NV HENRY 11 WOW UON LAND LA LYING 1V M
L9VE I:
M-'UIWNGAr rf S 1f Sr00 o t T; BLOCK f U0roR1jjTvFADo�Tf0NT0ASNTQN
WASH, ACCORDWO TO THE PLAT TW1 V V ,,, 0 r PAOE 50.
f ', T 0Td- FAST CORWH LOT 14 BLOCK 2 OF SAO A0 1PON AND T�& T f �'
LINE `CR ipvc" ,
LINE °°
416GINAMIG'AT A POWf 4 , 18 BEET SOUTH T vwsT THiF w)ARTrR sm nox coRmFR
BETWEM SSG tQNS 17. 16, TO' 1, Wm,, rev XrNG COUNI y.
WASHW3
F " P1 ?rQ Y.5ACEST 426 310IET rO A POWON ME VWS T L WE OF UO TOR LM ADDI'nON"T
WASH, A i T :f C ,: 1 VOL E Cyr A M. A f
THE � US OF LINEDE-SCRIPTION°
PAWFI,
LOTS 2 TFRWOH 7, W--W.WVE, BLDCX f, CROSBYWO , ACWRVM M rHE PLA f rHEREOF
RECORDED BV VOL UWE 29.,PA GE,34, AN KiNG UNFy, WAS 7 ,
5 T.D of
M; iAt'k-A ki 01,
Parcel o_ 1823 5-92OR
Page 9 of 10
Instrument Number: 20221117000157 Document:EAS Rec: S212.50 Page-10 of 10
Record Date:11/17/2022 10:08 AM King County, WA
Robert Gambill
SPU Rainier Avenue Road Easement ORD ATY 2
DI