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HomeMy WebLinkAboutE 8903270329 �. � �� i FILED FOR REC4RD AT REQUEST OF � �.�� � . � • OFFlC� OF TNE CITY CLERK � RENTON MUNICIPAL BLpG. UTILITY EASEMENT 200 MILL AVE. SO. RENTON, WA 98055 This Instrument made this 1��day of �2r`Gf� 1989, by and between the Municipality of Metropolitan Seattle, a municipal corporation of the State of Washington, its succes- sors and assigns hereinafter called "Grantor" , and the City of Renton, a municipal corporatian of the State of Washington, its successors and assigns hereinafter called "Grantee" . WITNESSETH: That said Grantor, for and in consideration of the sum of One Dollar ($1. 00) paid by Grantee, hereby grants and conveys � unto said Grantee, an easement for a 12 inch waterline with � necessary appurtenances over, under, across, along and upon a � portion of the following described property in King County, � Washington, more particularly described as follows: � See Exhibit A � C'� Q hereinafter called "the property" . Said easement is described � in full in Exhibit B and is hereinafter called "the Easement" . GO Actreements• Now, Therefore, in consideration of the mutual promises set forth herein, the parties hereby agree as follows: 1. Grantor covenants and agrees, at its sole cost and expense, to perform routine maintenance, repairs and replace- ment of such waterlines within the Easement as such routine maintenance, repair and replacement is, in the reasonable dis- cretion of Grantee, necessary. In the event such routine main- tenance, repair or replacement is deemed necessary, Grantee shall so notify Grantor in writing. Grantor shall, upon receipt of such notification, proceed with all due diligence to complete such routine maintenance, repair or replacement within a reasonable time thereafter, weather and other conditions permitting. 2 . In the event of an emergency leak or break in said waterlines located within the Easement, Grantor shall close the water valves to isolate the leak or break and notify Grantee immediately. Grantee shall have personnel on site prior to emergency repairs being made. 3 . Grantor covenants and agrees that any contractor or personnel selected to make repairs to said waterline either of an emergency or routine nature shall have the approval of the Grantee. Said approval shall not be unreasonably withheld. ,: .. !"'e/�'"`Z;�P' "'+"�d �y.� ' ,��„ ;i �.:�.a ..u,:�4..�i. 1 �' , , ��UtY i'1�-{-�t-' ._._'�._,__._. ._ .. ' , • � . • �� . , - . . ; • 4 . Grantee covenants and agrees that it is fully knowl- edgeable that utilities belonging to the Grantor may lie within the Easement and that said easement for waterline is, there- fore, not exclusive. 5. The Grantor shall fully use and enjoy the afore- described Easement, including the right to use the surface and subsurface of said Easement if such use does not interfere with installation and maintenance of the waterline. 6. Grantee covenants and agrees that if, in the reason- able discretion of Grantor, it is necessary to relocate said waterline within the Property to facilitat�e expansion of the sewage treatment plant of which the Easement forms a part, it will execute, at no cost to Grantee, a "Release of Easement", so long as said waterline is relocated at Grantor's sole cost and expense. � 7. If said described easement, or any part thereof, � shall at any time be abandoned by said Grantee, or by the pub- � lic, or should it be converted to any other use wha�soever, � then and in any such event, all the right, title, interest, � benefits and enjoyment of said Grantee, or of the public, in � and to said Easement, for any purpose whatsoever, shall immedi- � ately cease and determine, and the said Grantor, its successors � and assigns, may, at its or their option, re-enter, retake and � hold said described property and Easement as of the present estate of said Grantor without compensation to said Grantee, the public, or any other person whomsoever for improvements or property removed., taken or destroyed, or liability for loss of, or damage to any premises or the improvements thereon abutting on said easement area or any part thereof. 8. Said Grantee, it successors or assigns, shall have the right, without prior notice or proceeding at law, at such time as may be necessary to enter upon said above described Easement for the purpose of inspecting said waterline, without incurring any legal obligations or liability therefore, pro- vided, that such inspection shall be accomplished in such a manner that the private improvements existing in or upon the Easement shall not be disturbed or damaged, or in the event they are disturbed or damaged, they will be replaced in as good C"-I.+�_!':'`�,�( STl i._5i�� �"� ^ �?�':�-' � f�, :1[t . [:N;;-.�r` :}::#':+:�`�. t fl! �� 2 • • � 1 . . � • a condition as they were immediately be�ore the Easement was entered upon by the Grantee. M Grantor: Grantee: MUNICIPALITY OF METROPOLITAN CITY OF RENTON SEATTLE �!'' � � '��;,,_/;� �L�'� by by � Alan J. Gibbs ar Clyme Mayor Executive Director ATTEST: by ���a����� Maxine E. Motor, City Clerk C� ��' �.' � _ � � � � '"t ��=�� rn � • . _ '' piw � �_. � C3 � _ ..... U,A rr _.� ���..7 „���, � � _w_a�:::.� � C? � . ,..� �_. _-�� � � +'�� � 3 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this /(��'day of �.,c.�kc�.� , 19�", before me personally appeared Alan J. Gib�s to me known to be the Executive Director of the Municipality of Metropolitan Seattle, a municipal corporation, and acknowledged the within and fore- going 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. � ..��d�.�.._.� � �.c.C�od�-- C� No�ary Public in and for the State Oof Washington, residing at �. � My commission expires �,�u��-� /9of� � � � STATE OF WASHINGTON ) � ) ss. (� COUNTY OF KING ) On this /S,Z�E. day of �'La,Gt�� , 19 c�`1 , before me the undersigned, a Notary Public in and for the State o Washington, d� commission d�worn, personally appeared �fii� to me k wn to be the , respectively, of the , the corporation that execute 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 they were authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. (%� ' ���i��ft/ Notary Pu i in and for e State of Washington, residing at My commission expires /0 - �. 9� 4 •/ . . ' • , Exhibit "A" Rt:NT'UN Tk1;A'I'MF;tJ7' 1'I,AN'f TOT'A[, PROPE:RTY DE:SCR7P'PION P,arts of Govcrnment Lots 2, 5 and G� thc NE ; of chc IJw : and [lie SW : of the NE ; of Section 24, 'PownShiE� 2] North, ltange 4 E, W, h1. , Kinq County, Washington, as morc particularly describ�d hereinbelow: Commencinq at the Northwest corner of Section 24 , Township 23 North, Ranqe 4 F., W. M. , as established by King County Aerial Survey Coordinates (Existing Monument) ; thence South fi7°26'48" Ea�t alonq the north line of Section 24, a distance of 2692.56 feet, more or less, to the North ; corner of said Section, established by a survey and the ties thereto, together with the King County Aerial Survey Coordinates, filed with the King County Engineer; thence South 0°55'30" west alonq the north-south center line of said Section 24, the bearing of which is based on the angle in the southwest quadrant at the North : corner as determined from King County Aerial Survey Subdivision of said Secrion 24 , a distance of 609. 118 feet to the true point of beginning of this description; thence South 89°04'30" East alonq a line perpendicular to said north-south center line of Section 24, � a distance of 470.00 feet; thence South 0°55' 33" c�est alonq a � line which is 470.00 feet easterly of and parallel with said north-south center line of Section 24, a distance of 1402.37 feet, ('7 more or less, to the intersection thereof with the northerly line O of the riqht-of-way of the Northern Pacific Railway Com�any; � thence southwesterly, westerly and northwesterly, along said northerly line of riqht-of-way, to th� intersection thereof with � the northeasterly line of 72nd Avenue South; thence northwesterly, M northeasterly and northerly along the easterly line of said "J 72nd Avenue South to the -intersection thereof with a line bearing � North 89°04'30" West from said true point of beginninq; thence � South 89°04'30" East along said last mentioned line, 1046.33 feet, more or less, to said true point of beginning of this description. � Containing 53 acres more or less. ALSO, An irreqular shaped parcel of land all situate in the Northwest Quarter and the Northeast Quarter of Section 24, Township 23 North, Range 4 East, W.M. , in King County, Washinqton, described more particularly as follows: Beginning at a point on the North margin of right-of-way of the B�irlington Northern Inc. , "former Northern Pacific Railway Company" 470.0 feet Easterly as measured at right angles to che North-South Quarter line of said Section 24; thence North 0"55'30" East 1402. 37 feet; thence North 89°04'30" West 1516.33 feet, more or less, to the Easterly margin of County Road �o, 24-23-4-1 "Ptonster or Steel Hill Road"; thence Northerly along said Easterly margin to a point hereinafter described; "conunencing at a point on the East line of the Northeast Quarter of the Northwest Quarter of � Section 24, Township 23 North, Range 4 East, w.M. , in King County, washington, which point is 1804.20 feet North of the center of said Section 24; thence South 89°34'43" taest 1050 feet, more or less, to the Easterly margin of County Road No. 8, 72nd Avenue South "�tonster or Steel Hill Road"; thence Northcrly along said F,asterly margin 404.0 feet to said point"; thence continuing above c3escription; thence North 89°34'43" East 200.0 feet; thence Northerly at right angles to a point on the South marqin of a hereinafter described tract of land. � . � f- < - ` , • � . ' "A tract of land�of varyinq width all lylnq in the North half of Section 24, Township 23 North, Range 4 East, W.M„ in King County, Wdshinqton, the centerline being described as f�llows: Commencing at che Nortwest corner of said Section 24; thence South 87'26'48" East 1826.61 feet on and along the North line of Section 24; thence North 22°26'02" West 13.12 feet to a beginning of a curve and the true point of begi�ning of this descriptlon; thence continuinq with a tract of land 300 feet in widch, beinq 150 feet on each side of the following described centerline; thence Southeasterly alonq a tangent curve to the left havinq a radius of 572.96 feet a distance of 666.41 fect; thence South 89'04'30" East 783.81 feet; thence Southeasterly along a tangent curve to the riqht having .a radius of 159.15 feet a distance of 215.27 feet; thence SoUth 11°34'46" East 311.39 feet io a point which is the end of 300-foot width of said tract; thence continuinq with a tract of Land 280 feet in width, beinq 140 feet on earh side of the followinq described centerline; thence South 11°34'46" East 1100.00 feet to a point which is the end of 280-foot width of said tract; thence continuing with a tract of land 140 feet in width; being 70 feet on each side of the followinq described.centerline; thence South 11"34"46" East 29.00 feet; thence South 12°48'36" East o� to a point on the North marqin of Burlington Northern, Inc. � riqht-of-way �Former Northern Pacific Railway Company" and `"' the end of this description". � Thence continuinq with above description; thence Easterly along � South marqin of said tract of land to a point North 89°04'3a" � West 344.81 feet of a point South 00°�5'30" West 459.118 feet � of the North Quarter of Section 24; thence South 89°04'30" � East 783.81 feet; thence Southeasterly along a tangent curve to � the right having a radius of 9.15 feet a distance of 12.38 feet; � thence South 11°34'46" East 311.39 feet; thence North �8'25'14" East L0.00 feet; thence South 11°34'46" East 1100.00 feet; thence North 78°25'14" East 70.00 feet; thence South 11'34'46" East 29.75 feet; thence South 12°48'36" East to a point on the ' North margin of Burlinqton Northern, Inc. riqht-o'f-way "former Northern Pacific Railway Company"; thence Southwesterly alonq said Nozth margin to the true point of beginning and the end of this description. Containing 11.48 acres more or less. ALSO, A portion of a tract of land situated in the City of Renton, County of King, State of Washington as described in an instrument recorded under Auditor's File No. 7203290497, more particularly described as follows: A tract of land lying in the Northeast Quarter of the Nozthwest Quarter and in Government Lot 2 of Section 24., Township 23 North, Rnnqe 4 East, w,M. , said tract being 300 feet in width, ` lyinq 150 feet on each side of the followinq described centerline: I Commencing at the Northwest corner of said Section 24, thence South 87°26'48" East 1826.61 feet along the north line of Section 24; Thence North 22'26'02" west 69.89 feet to the true point of beginning of the centerline being herein described: Thence South 22'26'02" East 56.77 feet; thence southeastcrly along a tanqent curve to the left havinq a radius of 572.96 feet a distance of 666.41 feet; thence South 89'04'30" East 344.81 feet to a point on the North-South centerline of said Section 24, which point is South 00'S5'30" West 309.12 feet from the North - 2 - � . ' J • • . . puarter cocner{vC said 5ection 24; thencr. South 89°04'3U" East 439.00 fect and thc cnd of this description. EXCEPT thc followiny described parcel of land: Cammencing at a point on the cast llne of thc Northcast Quartcr of the Northwest Quarter of Section 24, Township 23 North, Range 4 East, w.M. , which point is 1804.20 feet north of thc center of said Section 24; thence South 89'34'43" West 1050 feet more or less to the easterly margin of County Road No. 24-2�-4-1 (Monster or Steel Nill Road) ; thence northerly along said easterly margin 404.0 feet to the true point of beginni+�g; thence North 89°34•43" East 200.00 feet; thence North 00°25'17" west 300.0 feet; thence South 89°34'43" west to the easterly marqin of said County Road No. 24-23-4-1; thence southerly along said easterly margin to the true point of beginning and end of this description; ALSO EXCEPT any portion of the abovP described tract of land lying noztherly of and easterly of the followinq described line: � Commencing at the North Quarter corner of said Section 24; thence : � South 00°55'30" West, along the North-South centerline of said � Section 24, 159.12 feet to a point on the southerly line of a � tract of land recorded under Auditor's File No. 730118048Q; � thence South 89°04'30" East along said southerly line 439.00 � feet: thence South 00°55'30" :dest 300 feet to a point on the northerly marqin of a parcel of land quitclaimed by the MunSci- ;'7 pality of Metropolitan Seattle (Metro) to Kinq County under � Auditor's File No. 8112230430; thence alonq said nozth marqin � North 89°04'30" west 238.60 feet to �the true point of beglnning � of the line beinq herein described; Thence North 73°04'46" West 46.48 feet to a point of curve, the center of said curve being North 16'S5'12" East 431.53 feet; thence northerly along said Curve 425.13 feet to a point of terminus on the northerly boundary line of land owned by " Surlington Nozthern Railroad Company, said point of terminus beazs Narth 73°04'46" west 9.65 feet, thence South 89'04'30" East 147.74 feet; thence North 00`55'30" East 159.12 feet to the Northwest corner of the Northeast Quarter of said Section 24. Containing 6.598 acres, more or less. ALSO, J.11 that portion of Government Lot 5, Government Lot 6, Govern- ment Lot 8, and the Southwest quarter of the Northeast quarter of Section 24, Township 23 North, Range 4 East, W.M. , in King County, �aashington, described as follows: Commencing at the Northeast corner of said Section 24; thence South 0°35' 36" west alonq the East line thereof 1,501.34 feet; thence South 77°29'17" West 1,857.90 feet to the West line of that property conveyed to the City of Renton by deed recor3ed under Recording No. 8212090480, records of said County; thence South 18°39'OS" East along said West line 50.29 feet to the Southwest corner of said property conveyed to the City of Renton and the truc point of beginning; thence South 77°29'17" West along the souther2y margin of the E3urlinqton Northern Railroad Company Right-of-Way 644.15 feet to the beginning of a cnrve to the left of 905.37 Eoot radius; thence alonq said curve and , southerly marqin a distance of 267.55 feet throuqh a central ' angle of 16°55'S5" to the West line of aforesaid Squthwest quar- ter of Northeast quarter oE Section 24; thence So�th 1°05'OU" - ) - 'C � � west along said West Line 142.62 feec to the northwesterly merqin of that portion of the right-of-way of Primary Statc Hiqhway No. 1 (Int.erstate 405) ldentified on the fiiqhwoy Map recorded under Auditor's File No, 5399478, Record� of said County, as thc II-line; thence Southwesterly alonq said northwest�cly marqin and the arc of a curvc, t`,e origin of vhict� bears South 2°18' 16" .:a�t 251.00 feet, a dfstance of 174.03 feet throuyh a central angle of 39'43'30" to a point of tanqency in said marqin; thence South 47�58'14" west alonq said northwesterly marqin 243.18 feet to the north line of aforesaid Government Lot 8; thence North 87'34'33" West alonq said north line 16.07 feet to the easterly margin of aforesaid Burlinqton Northern Raiiroad Company Right-of-Way; thence Southerly along sald easterly margin and the arc of a curve, the oriqin of which bears South 62°24'27" East 905.37 feet, a dis�ance of 181.53 feet through a central anqle of 11°29'16" to a line parallel with and 70.00 feet Northwesterly of the centerline of washinqton State t;igt�way No. 1-L; thence sou�h 66'S2'S0" West along said parallel line 139.79 feet to the westeriy marqin of aforesaid Burlington Northern Railroad Company F:ight-of-way; thence Northwester2y alonq said westerly r.iarqin and the arc of a curve, the origin of which bears Q� South 89'S8'05" West 1,134.00 feet, a distance of 1,189.15 � feet throuqh a central angle of 60°04'S7" to an intersection � with the centerline of Monster Road. S.W, as said road is now O constructed; thence North 50'43'S3" West along said centerline 92.02 feet to the beqinning of curve to the right of 632.74 � foot radius; thence along said curve and centerline an arc � distance of 199.95 feet through a central angle of 18°06'22" � to the northerly margin of aforesaid Burlingon Northern Railroad . .�. Company Right-of-Way; thence South 65°54'06" East along said � northerly margin 156.06 feet to the beginninq of a curve to the riqht of 1,234.00 foot radius; thence along said curve and � northerly m-rq�n 2�0.76 feet through a central angle of 10'15'00" to the beqtnning of a curve to the left of 1,737.41 foot radius; thence along said curve and northerly marqin 172.96 feet through a central angle of S'42'14" to a point of tangency therein; thence South 61'21'20" East alonq said northerl} margin 43.60 feet to the beginninq of a curve to the l�.ft of ; ,382.69 foot zadius; thence along saisl curve and Northerly marqin 956.61 feet through a central anqle of 39°38'23" to a point of tanqency therein; .thence North 79°00'17" East along said northerly margin 10.80 feet to the beginninq of a curve to the left of 3,162.98 foot radius; thence along said curve and northerly margin 83.73 feet throuqh a central anqle of 1'31'00" to a point of tangency therein; thence North 77'29'17" East alonq said northerly marqin 647.26 feet to aforesaid westerly line of property conveyed to the City of Renton by deed recorded under Recording No. 8212090480, Records of said County; thence South 18°39'08" East alonq said westerly line 100.58 feet to the true point of beginning. Except that portion lying within Monster Road Southwest, iE any. IContaining 11.87 acres, more or less. Total acreage figured to contain 82.95 acres, more or less. - 4 - { / , - . . �. �• , ' , . „ ,, • . • , � . Exhibit "6" WATERLINE E�SEMI:NT DESCRIPTION A waterline ensement fifteen (15) feet in width, seven and one-halt (7-1/2) reet on each side oP the fol].owinq described centerline located within Government Lots 5, 6 and 2 and the Northeast quarter of the Northwest quarter, all in Section 24, Township 23 North, Ra�ge 4 East, W.M. , King County, Washinqton. Commencing at the northeast corner ot said Northeast quarter of the Northwest quarter oi Section 24; thence alonq the north line of said Section 24, N 87� 26' 22" W 1348.48 feet to a point that bears S 87° 26� 22" E 1344.57 feet from the northwest corner of said Section � 24 ; thence S 02° 33' 38" W 1599.19 feet to an existing �„� waterline tee in Monster Road and the TRUE POINT OF ,J BEGINNING of said centerline; thence N 83° 18' 38" E � 47.68 feet; thence N 38° 18' 35" E 276.00 feet; thence N ^j 73° 39' 02" E 64.86 feet; thence S 16° 20� 58" E 16.65 � feet; thence N 73° 39' 02" E 1�.70 feet; thenc� N 59� O 04' 00" E 137.02 feet; thence N 64� 49' 57" E 103.98 � feet; thence N �l° 42' 28" E 98.81 feet; thence N 28° � 48' S6" E 51.63 feet; thence N 17° 04' 12" W 100. 18 feet; thence N il° 23' 53" W 102.19 feet;. thence N 73� I 39' 02" E 141.03 feet; thence N 16° 20� 58" W 292.83 feet; thence N 28° 39� 02" E 104.65 feet; thence N 73� 39' 02" E 641.00 feet to an intersection with a curve concave to the northeast having a radiva of 471.90 feet from which point of intersection the radius point bears N 37° 46' 35" E; thence southeasterly alonq said curve an arc distance of 129.0� feet through a central angle of 15° 40' 10"; thence S 67° 53' 35" E 319.17 teet to the beginning of a curve concave to the southwest havinq a radius of 645.53 feet; thence southeasterly alonq said curve an arc distance of 88.76 feet through a central angle of 07° 52' 42" ; thence S 55° 58' 37" E 30. 51 feet; thence S 43° 03' 37" E 32.37 feet; thence N 40° 00' 00" E 9.58 feet to the northeasterly boundary of the Renton Treatment Plant and the terminus of said centerline and easement. Except any portion Lyinq within the right of way of Monster Road. �9032�0329 __ � rw i3 . ' . , �_ --N 87'26'22'W 2693.05'-- l 3 2'S �4 ��� --t34g.48'-- -- �'�t ., 1344.5T� 2�NORTHEAST O.UAR�ER OF T E . � NORTHWE�T f�U RTER�F " gErGT10N 24,t2�3N., R.4E.,W.M. .b� ��..�. �p^�h��� �v i nr°�/ ��, �� , •�v e%� � '��/ '�6» 5 55 58'3l"E •�9�2' � � 533 3 0.5 t' N E4 NW4 �� o� 3i�F y1. ea �4�• �J• �� , ` /� � � M �►- � eo� � i ! ' �_N 28'39'o2"E �'�h� ' \ , � ��^/ N4obo'a „ I04.65' O�0 9.5�' . � � SV►LE: 1 =200' Z • � t v�. + s4�o�'3T'E � �,�� `� 32.�I' 1n N �_ ���, G. L. 2 3 �. � � � . � •��� I � � I N �����.,.o I 0 � N i l'23'S3'rN_�..� � i to2.i9' G ENTERLINE OF A 15 F00T WIDE � ' Nit•o4'i2'w WATER�INE EASEMENT i ' . �oo-ta' . � P ; ��~�N2a•4e�E � �s� 51.63' i ;N73'39'o2"E •� 71'42'28'C. — _.—�.ee� � �y�,d'ti 9a.a�' ---- : . .'� N64'49'S7'� :�. L. �j ���� NT3 39'02"E 10�.9b' O y l7.T0' o� o � S�d 2o•sa"E � Q" '��.� 16.6 5' C]• �..,. �O �i h W �/