HomeMy WebLinkAboutE 7505230351 ' �, , � ' . . � , . ,4 "' • ' . � . , , � .
EASEMENT FOR WATERLINE
THIS EASEMENT granted by HOLMAN PROPERTIES, INC. and PUGET
WESTERN, INC. , a joint venture, doing business as RENTON VILLAGE I
COMPANY, (herein called "Grantor") , to the CITY OF RENTON, a
.._. Washington Municipal corporation, (herein called "Grantee") :
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� TnT I T N E S S E T H:
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� Grantor hereby grants to Grantee .a non-exclusive easement
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� purposes onl of the construction reconstruction, main-
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tenance, removal or relocation of a waterline under and through
the strip of land particularly described in Exhibit l, annexed
hereto (herein called the "Easement Area") ;
This instrument is executed and entered into on the following
conditions:
l. Other Use. Grantor shall at all times have the right
to make such other use of the Easement Area as is not inconsist-
ent with Grantee' s exercise of the rights and privileges granted
to it hereunder. The encroachment of any existing improvements
onto the Easement Area shall not be deemed an inconsistent use
by Grantor, but Grantor shall`not erect or maintain any buildings
on the surface of the Easement Area.
2. Damages. Without limiting any other provision hereof,
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if during the construction, reconstruction, maintenance, removal
or relocation of any lines within the Easement Area, any damage
is done to the surface of the Easement Area or Grantor' s improve-
ments thereon, Grantee will reasonably compensate the party in
possession of such part of the Easement Area or improvement.. for
such damage and restore the Easement Area or improvement to its �
condition immediately prior to such damage.
3. Access. Grantee shall have the right of ingress and
egress to the Easement Area for the purposes, and only for the
purposes, herein specified and for none other whatsoever.
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4. Inconvenience to Grantor. All work performed by
Grantee, its agents and servants, in and about the exercise of
the rights and privileges granted to it hereunder, shall be
conducted expeditiously and with the least possible inconvenience
� to Grantor.
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O 5. Installations. Grantee covenents that all installations
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� made by it hereunder will be made in accordance with existing
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� laws and good engineering practices.
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6. Grant Without Warranty. Grantor grants this easement,
and Grantee accepts same, upon the express condition that
Grantor make no representations or warranties, either expressed
or implied, in fact or by law, with respect to (a) its title to I
the Easement Area; (b) any surface or subsurface conditions thereof; I
or (c) any patent or latent defect or dangerous condition thereof.
7. Water Service. Grantor hereby reserves the right to tap
for water service, any line of Grantee that may be now or hereafter
installed within the Easement Area for the service of adjacent
property owned by or occupied by such Grantor. Such tap shall
be allowed without charge to such Grantor, except for the customary
meter and/or connection charge imposed by the City of Renton.
8. Relocation of Easement Area. Grantor hereby reserves
the right, at the Grantor' s sole expense, to relocate the Easement
Area and the waterline therein, if in the sole discretion of the
Grantor, such relocation is desirable. Grantor' s right to relocate
shall be subject to the following conditions:
(a) If the waterline is relocated into other lands of
Grantor, Grantor shall grant to Grantee hereunder a new
easement ten (10) feet in width, five (5) feet on each side
of the centerline of the relocated waterline, and shall
convey title to the relocated waterline to the Grantee.
Such new easement and conveyance shall be upon the same
terms and conditions as contained herein.
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(b) If the waterline is relocated into street or
highway right of way adjoining Grantor' s property, reloca-
tion into such right of way being hereby consented to by
Grantee by acceptance of this Easement for Waterline, Grantor
shall convey title to the relocated waterline to Grantee.
� (c) The relocated waterline shall be equal in capacity
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� to the waterline replaced, shall be installed in accordance
� with existing laws and good engineering practices and shall
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� form a continuous loop.
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9. Extinguishment of Easement. In the event Grantee ceases !
to use a waterline within the Easement Area continuously for a
period of six months or more as part of its water system, this
easement and the rights granted hereunder shall terminate without
the necessity of further documentation, as to such portion of the
Easement Area within which the unused line may be situated; however,
such extinguishment shall not occur until 30 days following the
giving of written notice by the owner of the servient estate to the
City of Renton setting forth the state of facts as causes the
expiration.
10. Indemnification. Grantee shall defend and indemnify
Grantors from and against any and all claims, damages, expenses
(including, without limitation, reasonable attorneys' fees) , fines,
penalties, losses and liability whatsoever, in any manner arising
from or connected with the easement granted herein. �
11. Notices. Al1 notices and other communications required !
or permitted to be given hereunder shall be in writing and shall �
, be mailed by certified or registered air mail, postage prepaid,
addressed as follows:
GRANTOR: Renton Village Company
830 Logan Building
Seattle, Washington 98101
GRANTEE: City of Renton
City Hall
Renton, Washington 98055
or at such other address as may have been furnished to the other
parties as above provided. Any such notice, demand or other
communication shall be deemed to have been given on the date of
registration or certification thereof.
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12. Modifications. This Easement Agreement may not be
modified in any respect whatsoever, in whole or in part, except
with the consent of the parties affected by such modification,
and then only by written instrument duly executed.
13. Headings. The headings of the paragraphs of this
Easement Agreement are for convenience and reference only and
shall in no way modify or restrict any of the provisions hereof.
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� 14. Successors. The terms and provisions hereof shall be
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binding upon and inure to the benefit of the respective successors,
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�j assigns, tenants and agents of the parties hereto.
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IN WITNESS WHEREOF, Grantor and Grantee have executed
this instrument or caused it to be executed on their behalf as of
this�day of� GL , 1975.
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In the Presence of:
HOLMAN PROPERTIES, INC.
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By ''� r) �
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PUGET WESTERN, INC.
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4 ,•' .,� '• President
t s CITY OF RENTON
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STATE OF WASHINGTON )
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COUNTY OF KING ) �
On this��day of , 1�75, before me personally
appear�cl GARRETT EDDY, to m known to be the .President of HOLIyIAN
PROPERTIES, INC. , the corporation that executed the 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 he is authorized to
execute said instrument and that the seal affixed is the corporate
seal of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above written.
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STATE OF WASHINGTON )
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COUNTY OF KING ) �
On this � �� day of , 1975, before me personally
appeared L. E. HALL, to me k own to be the President of PUGET
WESTERN, INC. , the corporation that executed the foregoing instru-
ment, 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 he is authorized to execute said
instrument and that the seal affixed is the corporate seal of said
corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above written.
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N On this � day of , 1975, before me personally
� appeared ` to me known to be the
p ` , of the CITY OF NTON, the corporation that
� exec ed 'the ithin and foregoing instrument and acknowledged said
inst ument to be the free and voluntary act and deed of said corpor-
ation, for the uses and purposes therein mentioned, and on oath
stated that he is authorized to execute said instrument and that
the seal affixed is the corporate seal of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above written.
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EXHZBZT 1
.t-t,� .r-.-�-.-i:.3•.�i~. � ! i�s 4` !t.• �� � 'li, t.w .. -
� � That portion of the Northeast 1/4 of Section I9, Township
23 North, Range 5 East, W.M. and"`of B]:ocks�--��1�, -1-2;' 14; - ��a" � `
and 15 of C. D. Hillman' s Earlington �Garde�ns. Addition to ,
the City of Seattle Division No:` 1;as�rer'�'r"•"af""`r`ecprded���`� �
in Volume 17 of Plats, page 74 and4of_yacate,d streets and
; ..�...�-�_�..�.J s,�...,......,.�...� .�. M. ,_...... _.
all.eys, and of Block 5 of Renton View Addition as per plat
recorded in Voluzne 33 of Plats, page 25, records of King
• Count�, 'rlashinc�ton, lving within a strip caf lanc� 10 feet
in width having 5 feet of said width on each side of the
following described line:
� Beginning at the northeast �corner of the Southwest 1/4 of
M the Northeast 1/4 of said Section 19; thence S Ol°04 ' 08"
O W along the east line of the Southwest 1/4 of said North-
� east I/4 a distance of 6.26 feet; ,.thence N `88°55 ' 52" W a
- LC? distance of 100. 95 feet to a��point�hereafter designated ��
� Point "A" ; thence continuirig� N 88°55' S2" W a distance of '�
r�.. 110. 00 feet; thence S O1°04 ' 08" W_a- distance of 204. 53 �,
feet to a point hereafter designated-Point "B" ; thence
� N 89°44 ' 03" W a. distance of 101. 00 ,feet; thence N 42°18' 31"
�' W a distance of 477.48 feet; ti�eiice� S 89°28 ' 13" W a distance
�= of 160. 00 feet, to the true point of beginning; thence N 00°
� 31' 47" W a distance of 156. 00 feet, plus or minus, to the
- south right of way line of South Grady Way and terminus of
said easement. -
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