HomeMy WebLinkAboutA 20131001001644 •
Return Address
CITY OF RENTON 20131001001 fi44
City Clerk Division CITY OF RENTON EAS 84.00
1055 South Grady Way, Suite 728 PAGE-001F110130
Renton, WA 98057 KING COUNTY, WA
Document Title(s)(or transactions contained therein):
Utility Installations Easement Agreement
Reference Number(s)of Documents assigned or released:
(on page_of documents(s))
Grantor(s)(Last name first,then first name and initials):
The City of Renton,Washington
Additional names on page_of document.
Grantee(s)(Last name first,then first name and initials):
The Boeing Company
ElAdditional names on page_of document.
Legal description(abbreviated: i.e. lot, block, plat or section,township, range)
To be supplied
X Full legal is on page 12-13 of document.
Assessor's Property Tax Parcel/Account Number
0723059007
EXCISE TAX NOT REQUIRED
Refer to previous • - : iv ,f
By / Deputy
•
EXHIBIT 1 - UTILITY INSTALLATIONS EASEMENT AGREEMENT
THIS UTILITY INSTALLATIONS EASEMENT AGREEMENT(this "Utility Easement") is
made and entered into as of4/ t, 13 , 20/3, by and between THE CITY OF RENTON,
as the owner of the land described in ATTACHMENT A("Grantor"), and THE BOEING
COMPANY, a Delaware corporation, as the tenant of the land described in ATTACHMENT B
("Grantee").
RECITALS :
A. Grantor is the owner of that certain parcel of land located within the City of
Renton (the "City"), lying within the boundaries of the City of Renton Airport (the "Servient
Estate") as described in ATTACHMENT A.
B. Grantee is the tenant of land owned by the Grantor that requires additional
utility services (the "Dominant Estate") as described in ATTACHMENT B.
C. Grantee wishes to install on the Servient Estate utility lines, vaults, and other
installations (the "Utility Installations")that will benefit the Dominant Estate. Grantee
wishes to obtain and Grantor is willing to grant an easement, under, and through the
portion of the Servient Estate legally described and depicted on ATTACHMENT C attached
hereto and incorporated herein (the "Easement Area") for the Utility Installations. Said
easement shall continue for as long as the Grantee leases any portion of Apron B under
Lease Agreement LAG 10-001 and amendment thereto.
AGREEMENT
NOW, THEREFORE, for and in consideration of annual rent payments as established
in Amendment No. 3 to LAG 10-001 and other valuable consideration,the receipt and
sufficiency of which is hereby acknowledged, Grantor hereby grants, declares, reserves and
conveys to Grantee, and its successors and assigns in title to the Dominant Estate, the right
to retain the Utility Installations, as defined in Section 1—Purpose (below), and an
easement, under, and through the Easement Area so long as the Grantee leases any portion
of the Amended Apron B area, subject to and conditioned upon the following terms,
conditions and covenants which Grantor and Grantee, respectively, hereby promise to
faithfully and fully observe and perform.
1. Purpose
Grantee shall have the right to retain the Utility Installations (hereafter defined as
and limited to: power, communications and compressed air) in the Easement Area and the
PAGE 1 of 13
L_ _
right of access, ingress and egress, over, under, and through the Easement Area for the
purposes of repairing, replacing and maintaining the Utility Installations with Grantee
gaining prior permission from the Grantor with at least 30 days' prior notice. Grantee
understands that the easement area is within the Aircraft Operation Area and therefore,
the Grantor reserves the right to place conditions on any of the Grantee's actions needed to
repair, replace or maintain the Utility Installations.
2. Compliance with Laws and Rules
Grantee shall at all times exercise its rights herein in accordance with the
requirements (as from time to time amended) of any public authority having jurisdiction
and all applicable statutes, orders, rules and regulations.
3. Grantee's Use and Activities
Grantee shall exercise its rights under this Easement Agreement so as to avoid to the
extent practical material interference with Grantor's, or other Tenants' use of the Easement
Area.
4. Grantor's Use of the Easement Area
Grantor reserves the right to use the Easement Area for any purpose not
inconsistent with the rights herein granted; provided,that Grantor shall not erect, construct
or maintain any structures or building improvements or landscaping in the Easement Area.
5. Grantor's Covenants and Warranties
Grantor covenants with Grantee that it shall not disturb or sever the Utility
Installations, or tap into the Utility Installations, or disrupt the Utility Installations service to
.Grantee or relocate the Utility Installations. Grantor warrants that it is the owner of legal
title in fee simple to the Easement Area and that for as long as Grantee performs its
obligations under this Easement Agreement, Grantee shall have the quiet use, possession,
and enjoyment of the Easement Area and its rights hereunder.
6. Indemnity
Grantee shall hold Grantor, its directors, officers, elected officials, employees,
invitees, contractors, and agents harmless from and against any and all claims or liability for
bodily injury to or death of any person or loss of or damage to any property or business
interest arising out of the Grantee's use of the Easement Area or from any activity, work or
thing done, permitted or suffered by the Grantee, its employees, agents, contractors or
invitees in or about the Easement Area, except claims and liabilities to the extent caused by
PAGE 2 of 13
any negligence or willful misconduct on the part of the Grantor, its agents, elected officials,
employees, contractors or invitees.
7. Termination of Easement
The rights herein granted shall continue until such time as (1) Grantee gives ninety
(90) day's prior written notice to Grantor of Grantee's intention to terminate the easement
described in this Easement Agreement. Upon the termination of the easement granted
herein at Grantors option, Grantor shall have the right to accept the Utility Installations in
their "AS IS" condition. Alternatively, Grantor may, at its option, require Grantee to remove
any and all improvements and structures installed by Grantee from the Utility Easement
shown in Attachment C, and repair any damage caused thereby at Grantees expense with
the exception that Grantee will not be obligated to remove any improvements and
structures installed by Grantee from the area under the runway. Grantee shall not be
required to perform any cleanup or remediation of any contamination of the soil or
groundwater in, on or under the Easement Area except for contamination released by
Grantee on the Easement Area during the term of this Easement Agreement. Grantee shall
execute a release of the easement and record such release.
8. Notices
Notices required to be in writing under this Easement Agreement shall be personally
served or sent by U.S. mail or sent by nationally recognized overnight courier with all
charges for next business day delivery prepaid. Any notice given by hand or by courier shall
be deemed given when delivered and any notice sent 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, and addressed as follows:
To Grantor: City of Renton
Attn: Airport Manager
Airport Administration Office
616 West Perimeter Road, Unit A
Renton, WA 98057
To Grantee: Boeing Planning & Real Estate
10-80 Building; M/C 6X5-13
635 Park Ave N
Renton, WA 98055
Attn: Director
425-373-2109
PAGE 3 of 13
•
• With a copy to: Boeing Law Department
Attn: Real Estate Counsel
M/C 11-XT
7755 E. Marginal Way South
Seattle, WA 98108
Either party may change the address to which notices may be given by giving notice
as above provided.
9. Title
The rights granted herein are subject to permits, leases, licenses and easements, if
any, heretofore granted by Grantor affecting the Easement Area.
10. Covenants Running with the Land/Successors and Assigns
The Easement granted herein, only for the duration identified herein, shall be a
covenant running with the land, and shall burden and benefit Grantor, Grantee and their
respective successors and assigns in interest of the Servient Estate and the Dominant
Estate, respectively.
11. No Termination of Prior Liability
No termination of this Easement Agreement shall release Grantee from any liability
or obligation with respect to any matter occurring prior to such termination.
12. Attorneys' Fees
In the event either party brings a legal action against the other party to enforce its
rights hereunder,the substantially prevailing party shall be entitled to receive
reimbursement from the other party of such prevailing party's costs incurred in such legal
action (including the costs of appeal), including the reasonable fees and disbursement of
the prevailing party's attorneys, in addition to all other rights and remedies available to the
prevailing party at law or in equity.
13. No Merger of Estates
The easement granted herein shall not extinguish or terminate by operation of the
doctrine of merger or otherwise due to the existing or future common ownership of the real
property described herein.
PAGE 4 of 13
14.. Complete Agreement
This Easement Agreement contains the entire agreement of the parties with respect
' to this subject matter and supersedes all prior or contemporaneous writings or discussions
relating to the easement provided for herein. This Easement Agreement may not be
amended except by a written document executed after the date hereof by the duly
authorized representatives of Grantor and Grantee. This Easement Agreement includes
ATTACHMENTS A, B and C, which by this reference are incorporated into this Easement
Agreement.
15. Choice of Law
This Easement Agreement shall be governed by the law of the State of Washington,
exclusive of its choice of law rules.
///
///
///
PAGE 5 of 13
IN WITNESS WHEREOF, the parties have executed this Easement Agreement as of the date
first above written.
Grantor:
THE CITY OF RENTON, WASHINGTON
"fit7By
Its: Authorized Signatory— Denis Law, Mayor
Grantee:
THE BOEING COMPANY, a Delaware corporation, in
its capacity as the owner of the land described in
ATTACHMENT B
By ,/ 1 /1
Its: Authorized Signatory
On this 23 day of ,,��+� , 20813 before me,the undersigned, the City
Clerk of the City of Rent n, personally appeared ex°,2u/ ,to me
known to be the person who signed as .I7art5)-' of THE CITY
OF RENTON,the municipality that executed the within and foregoing instrument, and
acknowledged said instrument to be the free and voluntary act and deed of said
municipality for the uses and purposes therein mentioned,that „/L.. was authorized to
execute said instrument and that the seal affixed is the municipal seal of the City of Renton,
King County, Washington. IN WITNESS WHEREOF I have hereunto set my hand and official
seal the day and year first above written.
,l ll U 1 11,,,,
• OF REQ
G�"t.• ATTEST: %d /.CJGzGtr�
.1.;. Bonnie Walton, City Clerk
SEAL
« ', Date: 9•-gs_a d�. STATE OF SAtiV"
lJ I
PAGE 6 of 13
-
•
•
WASHINGTON
ss.
COUNTY OF )
On this 1Lea'day of tgi.o-, 20 R, before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn, personally
appeared Te.Vzvl '. SQ_h, tri c ,to me known to be the
person who signed as At brI7 .. t 'fit .of THE BOEING COMPANY,the
corporation that executed the within and foregoing instrument, and acknowledged 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 In L was duly elected, qualified
and acting as said officer of the corporation,that h A. was authorized to execute said
instrument and that the seal affixed, if any, is the corporate seal of said corporation.
IN WITNESS WHEREOF I have hereunto setmyhand and official seal the day and
year first above written.
t Notary Public � � � � �At ,
State of Washington. : I (Signature of Notary)
ARLENE C RICE
My.Appointment Expires Aug 15,2016.
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State
of Washington, residing at Pt)-j-c`nA .
My appointment expires: GU_i_r is „lc
1 1 sf I ,
PAGE 7of13
ATTACHMENT A
Legal Description of Servient Estate
RENTON MUNICIPAL AIRPORT LEGAL DESCRIPTION
Portions of sections seven(7)and eighteen(18)township twenty-three(23)north,range five(5)east,W.M.,
and certain shorelands,more particularly described as follows:
Beginning at a point on the inner harbor line of Lake Washington as shown upon sheet No.26 of the plat of
Lake Washington Shore Lands Survey 1921,as said plat was filed with the auditor of King County,
Washington, Sept. 19, 1921,under auditor's file No. 1552504,which point bears north 350 00'west 92.62 feet
from the angle point in said inner harbor line designated"862"on said plat,and running thence south 350 00'
00"east,along said inner harbor line,92.62 feet to said angle point;thence east,along said inner harbor line,
403.70 feet;thence south 130 53'28"east 924.67 feet;thence south 760 06'32"west 50.00 feet;thence south
130 53'28"east 318.15 feet;thence south 140 08'28"east 3239.00 feet;thence south 150 12'50"east 99.52
feet;thence south 180 16'25"east 100.01 feet;thence south 210 39'45"east 100.45 feet;thence south 240 31'
35"east 104.68 feet;thence south 280 13'20"east 100.79 feet;thence south 310 11'40"east 100.27 feet;thence
south 340 18'30" east 100.02 feet;thence south 37014'05"east 100.05 feet;thence south 400 03' 10"east
100.33 feet;thence south 420 53'30"east 100.87 feet;thence south 450 39'20"east 101.62 feet to a point on a
line which is a production northerly of the east line of lot twenty-three(23),block four(4),Renton Real Estate
Co's 1st addition to Renton;thence south 00 31'47"west,along said produced line and the east line of lots
twenty-three(23)and eighteen(18),block four(4)of said plat,254.62 feet to the intersection of the north line
of Dixie Avenue as now located and established with the east line of lot eighteen(18),block four(4)of the said
addition;thence along the north line of said Dixie Avenue,north 880 34'43"west 1486.84 feet to the west line
of Lake Street;thence north 00 31'47" east,along said west line, 10.00 feet;thence north 880 34'43"west,
along the north line of said Dixie Avenue,225.49 feet to an angle point in said line;thence north 710 29' 12"
west,along said north line, 152.58 feet,more or less,to the easterly right-of-way line of Primary State Highway
No. 5 as now fixed and established;thence northerly along said right-of-way line,following the tangent and
curving courses thereof,to an intersection with a line which is 5 feet south of and parallel to the line between
lots seven(7)and eight(8),block eighteen(18),of the plat of Bryn Mawr,King County, Wash.,produced
easterly,according to plat thereof recorded in volume 5 of plats,page 58,records of said county;thence south
880 27'28" east,along said parallel line, 89.23 feet to a point which js 540.00 feet west,measured along said
parallel line,from the west line of Black River Waterway as shown upon sheet No. 5 prepared by Udo Hesse,
Court Commissioner,and filed in King County Superior Court Case No. 156371;thence north 50 16'51"east
438.90 feet to an intersection with a line which is 2 feet south of and parallel to the line between lots one(1)and
two(2),block seventeen(17),of said plat of Bryn Mawr,produced easterly,said point of intersection being
520.00 feet west,measured along said parallel line,of the west line of said waterway;thence north 400 09'47"
east 188.55 feet;thence north 60.00 feet;thence north 290 00'40"west 197.07 feet to a point on a line which is
300 feet north,measured at right angles thereto,of and parallel to the north line of Bowling Street(formerly
Emerson Avenue)produced easterly;thence south 880 27'28"east,along said parallel line,355.00 feet to the
place of beginning,containing 161.83 acres,more or less;
PAGE 8 of 13
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AL....D.E5fDRIPTioN
.10
1 t, A UTILITY CORRIDOR EASEMENT OVER, UNDER,
ALONG, ACROSS AND THROUGH THE FOLLOWING
. *6
C• 1..\ek DESCRIBED REAL PROPERTY LYING WITHIN A
PORTION OF THE NORTH HALF or sconow IC An
' S S THE SCUTH HALF OF SECTION 7, TMSHre 2.
o Tt. NORTH, RANGE 05 EAST, W.M. IN ICING COUNTY,
ON THE FEENTON WLIN1ORAL AIRPC3T, SAID UTILITY
• 1
EASEMENT BEING A STRIP OF LAND ID FEET IN
; tp, 'A WIDTH, LYING 5 FEET ON EACH SIDE OF THE
FOLLOWND DESCRIBED CENTEPLINE'
'44588 .. 7
13 24. ,,si — ; ,a
3,
commttica40 AT THE NORTH CuARTER CORNER or i . ;A 1.4'
01 i. SAID SCC1)ON 18„ WHICH GEARS S6511`14T,
o 24133.3R FEET FRO.4 THE NORTHWEST QUARTER OF
'RON I 1 z
SAID SECTION 18; THENCE $01.2445W ALONG NE
e• Bi NOR/ft/SOUTH CENTERuNE or SAID ON 18 A
74
91 65
OF
\ DISTANCE Of 246.89 FEET; THENCE 55515'15TE A
DISTANCE OF 81.65 FEET TO A UNE 257.00 FEET
ssss5'157. WEST AND PARALLEL MTh THE CENTERUNE OF
<;. TA1IWAY 'A'; THENCE504'49"3"E ALONG SAT)
\.):• PARALLEL LINE A DISTANCE Cr 444.7s FEET TO
g.,..:10) , THE SOUTHWEST CORNTR Or THE APP04 9 LEASE
(---) AREA; THENCE N8,510.1rE A DISTANCE CF 159.00
1.4
• 9-1 ,:,- • 1 FEET 10 A LINE 88.00 FEET WEST OF SAID
z N CENTERUNE OF TAXIWAY 'A' AND THE SOUTHEAST't.> P.0 9
-, -
I1' CORNER OF THE APRON 8 LEASE AREA; THENCE
..c, NO4'49.43.W ALONG SAID UNE A DISTANCE or
ts 6 to
::,43 FEET TO THE TRUE POINT OF BEGINNING;
N85'10`17 e
THENCE FROM SAID TRUE POINT CF EECNNINC,
\
7 0 58$'42'47°C A DISTANCE OF I55.99 FEET; THENCE
1 ..
Fn– N47'50'54-E A DISTANCE OF 85.95 FEET; THENCE
N04*.V2OTW A DISTANCE OF 1423.75 FEET; THENCE
z • zi ,... ;4, .L..•
P457-35'45*E A DISTANCE OF 51039 FEET; THENCE
.1- tip . 4. . 144E20'43°E A DISTANCE OF 178.52 FEET, THENCE
, ..• :
. N86'5730.E A DISTANCE OF 59.15 FEET TO A
1 POINT ON THE WESTERLY BC(ADARY OF APRON A.
SAID POINT BEING SO4•49.401 A oisr4NEE OF
-- --- 441.34 FEET FROM THE NORITIY&ST COR'.ER OF
' t
THE APRON A LEASE AREA AND WE 17;.P1:"..ATION
I 'Ow,Lae I OF THIS cENTERutiE AND EASEMENT.
1 ,
CONTAINING 2Z147.74 SQ FT. (0 51 ACEIF5
.
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,u‹VIAAICE• I ;:EP14.2.4 WO TO=Or7
Attachment C i 7,6145 ....... WA Wmili
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i I „caw =23 unsmrt
PAGE 12 of 13
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