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Home My WebLink AboutE 9201090734 �, � ��' ��D FOR RECORD AT RE�UE�T �f= OFFICE OF THf CI�Y CLERK R�t4VTON MUNICIPAL BLDG. 200 MILL AVE. SC�. EASEMENT RENTON, WA 98055 For and in consideration of One Dollar ($1 . 00) and other valuable consideration the receipt of which is hereby acknowledged, THE BOEING COMPANY, a Delaware corporation, ("Grantor" herein) , hereby grants and conveys to THE CITY OF RENTON, a Washington municipal corporation ("Renton" herein) , for the purposes hereinafter set forth a nonexclusive perpetual easement, over, through, across and upon the real property described in Exhibit A hereto (the "Property") , in the City of Renton. 1. Purpose. Renton shall have the right of access to construct, maintain, repair, alter and inspect the public utilities (including water and sewer) with necessary appurtenances located in the Property. 2 . Compliance with Laws and Rules . Renton shall at all times exercise its rights herein in accordance with the .�. requirements (as from time to time amended) and all applicable C�^, statutes, orders, rules and regulation of any public authority �- having jurisdiction. O � C� 3 . Renton' s Use and Activities . Renton shall exercise its G rights under this Agreement so as to minimize, and avoid if � reasonably possible, interference with Grantor ' s use of the Q; Property as set forth in Paragraph 4, herein. Renton shall at all times protect existing buildings, landscaping, and utilities located on the Property. Interruption of utility services to the Property requires Boeing ' s written consent at � least fourteen (14) days prior to any such interruption. � Promptly after the performance of any maintenance, construction or repairs on the Property, Renton shall restore the surface of the Property to substantially the same � condition as existed prior to such maintenance, construction, '' or repairs . � � � 4 . Grantor ' s Use of the Property and Access by Grantor. p Grantor reserves the right to use the Property for any purpose � not inconsistent with the rights herein granted. Renton shall � make provisions satisfactory to Grantor for continued access � by Grantor along, over and across the Property during periods " in which Renton is conducting activities . � x H � In the event of an emergency requiring immediate action by � Renton and or Grantor for the protection of its facilities or � other persons or property, Renton and or Grantor may take such � action upon such notice to Renton and or Grantor as is � -^ reasonable under the circumstances . � � r- O I T O .-� O � - 1 - 693LER ��/- �`� �'�o��oa��/F�� .�35, �.��', l�f- ` . 5. Indemnitv. By accepting this easement, Renton agrees to indemnify and hold harmless Grantor from any and all actions, liabilities claims, suits, judgments, liens, awards, and damages of any kind whatsoever (hereinafter referred to as "Claims") , including claims for death or injury to employees of Renton, costs and reasonable attorneys ' fees incurred by Grantor in defense thereof, asserted or arising directly or indirectly on account of or out of acts or omissions of Renton and Renton' s servants, agents, employees and contractors in the exercise of the rights granted herein; PROVIDED, HOWEVER, that Renton shall not be responsible to Grantor for any damages resulting from injuries to any person caused solely by acts or omissions of Grantor. 6 . Abandonment . The rights herein granted shall continue until such time as Renton ceases to use said Property for a period of five (5) successive years, in which event this easement shall terminate and all rights hereunder shall revert to Grantor. 7. Notices . Notices required to be in writing under this Agreement shall be given as follows : To Grantor: The Boeing Company P.O. Box 3707, M/S 75-66 ,,,�}- Seattle, WA 98124-2207 C'�: Attn: Director of Facilities/Renton Q Phone: 237-9765 � To Renton: The City o£ Renton O 200 Mill Avenue South � Renton, WA 98055 Q� Attn• Public Works Director . . Phone: (206)235-3695 Notices shall be deemed effective, if mailed, upon the second day following deposit thereof in the United States mails, postage prepaid, certified or registered mail, return receipt requested, or upon delivery thereof if otherwise given. Either party may change the address to which notices may be given by giving notice as above provided. 8 . Access . Renton shall have the right of reasonable access to the Property over and across adjacent lands owned by Grantor to enable Renton to exercise its rights hereunder, provided that Renton shall compensate Grantor for any damage caused by the exercise of said right of access . 9 . Title. The rights granted herein are subject to permits, leases, licenses, and easements, if any, heretofore granted by Grantor affecting the Property. Grantor does not warrant title to its property and shall not be liable for defects thereto or failure thereof . - 2 - 693LER �o f ,9� � . , 10 . 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 . 11. Termination for Breach. In the event Renton 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 Renton 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 Renton' s rights under this Agreement 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 . �r 1� o /� DATED —' day of `� � , 1991 . GRANTEE: GRANTOR: The C' of Rent The � $Y• BY• (r� ayo r QATTES • �F ` _ � Citv C _ rk - STATE Or 6�A HINGTON) O COUNTY OF KING � ss . C?: nn this ��` day of ��-��-��-� , 19 , before m� tY:e un�ersigned persona ly app,e ed�rl L rne�^ �✓YIG,�,`i �� -�, f��r�Se<�. to m� known to be the �Q-<- c1,^ � �� r of The City of Renton, the municipal corporation hat executed 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 he is authorized to execute the said instrument . WITNESS my hand and official seal hereto affixed the day and year first above written. `, > -----. � � �� 1 �L�� N t Public in and for the Stat� Washington residing at My co ission expires /i 2c� S:' - 3 - 693LER �D/�9�- . . � . �. . STATE OF WASHINGTON) ) ss . COUNTY OF KING �� ) On this � -- day of , }�91, bef9re me the undersigned perso ally appear d � N��O N to me known to be the�f . OF ��q-G, � S. ( of The Boeing Company, the corporation that executed 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 ment' ned, and on oath stated that he is authorized to execute th aid ' strument. WITNESS my hand and officia al h e i� d and year first above written, i'' N y Public i and for the State Wa hington res ' din a t fitJ/�� My commission expires �t' �� ti O � O O C`i � — 4 — 693LER �d / `9� . . � . • � . EXHIBIT A A parcel of land within the southwest quarter of section 8, township 23 north, range 5 east, W.M. in King County Washington, more particularly described as follows : The west 15 ft of Lots 5, 6, 7, 8, 12 and the west 15 ft of the south 30 ft of lot 11 all in block 1 of Sartorisville as recorded in Volume 8 of Plats on page 7 records of King County, Washington. �,► , TOGETHER WITH the west 15 ft of lot 1 of Renton short plat No . RENSP 282-79 as recorded under King County Recording No. 7907109002 . TOGETHER WITH the north 15 ft of the south 30 ft of lot 9 block 11 In Renton Farm Plat as recorded in volume 10 of Plats on page 97, records of King County, Washington. *�} �" J � � � N � ��`��