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Home My WebLink AboutE 9612100307 1 r � WHEN RECORDED RETURN TO: . ProjecL• W-2071,Qoeing Customer Office of the City C!erk ,� Renton M.u�sicipal Building UTILITIES EASEMENT Service Training Center �• � 200 Mill Avenue South Work Order# ��a�- � o Renton,WA 98055 p�p_ o c,a n Grantor:Lonaacres Park.Inc "`' STR: o Street Intersection:West of m ex[ensions of r-o-w's for Oaksdale �c Avenue SW and SW 23rd Street �s �9a--��B� � � � � EASEMENT � (Bow Lake Pipeline Intertie) � � � � For and in consideration of One Dollar ($1.00) and other valuable consideration the � receipt of which is hereby acknowledged, LONGACRES PARK, INC., a Washington � corporation, and wholly-owned subsidiary of The Boeing Company, ("Grantor" � herein), hereby grants and conveys to the CITY OF RENTON, a municipality ("City" herein), for the purposes hereinafter set forth a non-exclusive perpetual easement, over, across and under the real property, in King County, Washington, as described in �; Exhibit A and depicted on Exhibit B (the "Easement Area"), which such exhibits are �' � attached hereto and incorporated herein by this reference. t� � This easement is granted subject to and conditioned upon the following terms, � conditions and covenants which City hereby promises to faithfully and fully observe �i and perform. � � � l. Pur�ose. City sha11 have the right to construct, operate, maintain, repair and � enlarge the water pipeline, together with a11 necessary appurtenances. , ��.; . .`� 2. Compliance with Laws and Rules. City shall at all times exercise its rights herein in compliance with all applicable laws and regulations. � 3. Removal of Fill Material. In the event that City encounters, or suspects that it �. 1' has encountered any hazardous substances in the Easement Area in furtherance of its �� rights set forth in paragraph 1, City shall cease all operations and notify Grantor. If the � \ encountered or suspected hazardous substances are not the result of the acts or omissions of City, Grantor shall, at its own expense, determine if the material is hazardous, as deternuned by applicable law. If the material should prove to be hazardous, then the Grantor shall, at its own expense, remove, dispose, or otherwise handle such hazardous substances, as necessary, in accordance with applicable law, or reroute the Easement Area, if possible. If hazardous substances are removed, Grantor also shall provide substitute nonhazardous material to replace the removed material for City to use in its operation, if necessary. Should the encountered or suspected material prove not to be hazardous, City shall proceed with the operations at its own cost, with no recourse against the Grantor for the cost of schedule delays incurred due to the delay in operation. If the encountered or suspected hazardous substances are or may be the result of the acts or omissions of City, Grantor's characterization of the - 1 - 33506.225/GB/101196 "i'f- /(/ '�� .Sc�s substances involved and any removal, disposal or other handling costs incurred in connection with the removal, disposal or handling of the hazardous substances will be at City's expense, and City sha11 have no recourse against Grantor for the cost of scheduled delays incurred due to the delay in operation. Any environmental mitigation requirements imposed as a result of the exercise of any right or obligation of City hereunder sha11 be the sole responsibility and expense of City. 4. Citv Use and Activities. Except as provided in Paragraph 1, City shall not use, or a11ow the use of, the Easement Area for any purpose whatsoever. City shall exercise its rights under this Agreement so as to minimize, and avoid if reasonably possible, interference with Grantor's use of the Easement Area as set forth in Paragraph 5. City shall, at a11 times, exercise its rights hereunder in a manner so as to prevent bodily harm to persons (whomsoever) and damage to property (whatsoever). City sha11 maintain and repair the Easement Area(and improvements thereon) as necessary to keep the same in a neat, clean and safe condition. 5. Grantor's Use of the Easement Area and Access by Grantor During Construction. Grantor reserves the right to use the Easement Area for any purpose not � inconsistent with the rights herein granted; provided, that Grantor sha11 not construct or CO maintain any building or other structure on the Easement Area which would interfere � with the exercise of the rights herein granted. City sha11 make provisions satisfactory � to Grantor for continued access by Grantor along, over and across the Easement Area '"� during periods in which City is conducting construction or other activities. In the r1 ,,.� event of an emergency requiring immediate action by either party for the protection of � its facilities or other persons or property, such party may take such action upon such notice to the other party as is reasonable under the circumstances. 6. Indemnitv. City agrees to release, indemnify and hold harmless Grantor, Grantor's directors, officers, employees, agents servants and representatives from any and all actions, liabilities, demands, claims, suits,judgments, liens, awards, and damages of any kind or character whatsoever (hereinafter referred to as "Claims"), including claims for death or injury to employees of City, costs, expenses and reasonable attorneys' fees incuned by Grantor in defense thereof, asserted or arising directly or indirectly from, on account of, or in connection with City's operation, maintenance and control of the Easement Area(and improvements thereon). With respect to a11 or any portion of the foregoing obligation which may be held to be within the purview of RCW 4.24.115, such obligation sha11 apply only to the maximum extent pernutted by RCW 4.24.115. As between the parties and for purposes only of the obligations herein assumed, City waives any immunity, defense or other protection that may be awarded by any worker's compensation, industrial insurance or similar laws (including but not limited to, the Washington Industrial Insurance Act, Title 51 of the Revised Code of Washington). - 2 - 33506.225/GB/101196 7. Abandonment. The rights herein granted sha11 continue until such time as City ceases to use said Easement Area for a period of five (5) successive years, in which event this easement sha11 terminate and a11 rights hereunder shall revert to Grantor. 8. Notices. Notices required to be in writing under this Agreement sha11 be personally served or sent by U.S. mail. Any notice given by mail sha11 be deemed to have been received when three days have elapsed from the time such notice was deposited in the U.S. mail addressed as follows: To Grantor: Longacres Park, Inc. c/o Boeing Commercial Airplane Group P.O. Box 3707 - M/S 2R-71 Seattle, WA 98124-2207 Attn: Manager of Planning & Leased Properties Phone: 544-5985 with a copy to: Office of the General Counsel � The Boeing Company p P.O. Box 3707 - M/S 13-08 � Seattle, WA 98124-2207 � Phone: (206) 655-2405 � �t � To Cit Cit of Renton ,,� Y� Y Q') Department of Planning, Building and Public Works 200 Mill Avenue Renton, WA 98056 Attn: Water Utility Phone: 206-277-5539 Either party may change the address to which notices may be given by giving notice as above provided. 9. Access. City sha11 have the right of reasonable access to the Easement Area over and across adjacent lands owned by Grantor to enable City to exercise its rights hereunder, provided that City shall compensate Grantor for any damage to the Easement Area caused by the exercise of said right of access and the cost of any repairs resulting therefrom at the actual customary cost of such repair. 10. No Warranties. The rights granted herein are subject to permits, leases, licenses, and easements, if any, heretofore granted by Grantor affecting the Easement - 3 - 33506.225/GB/101196 Area. Grantor does not warrant title to its property and shall not be liable for defects thereto or failure thereof. Any plans, specifications, or drawings (collectively, "Submittal")provided by City to Grantor pursuant to this Agreement are for Grantor's informational purposes only. Any analysis, review or approval by Grantor, or Grantor's failure to analyze, review or approve such Submittal (including failure to discover any error or defect in such Submittal) sha11 not relieve City of any of its obligations under this Agreement. Grantor hereby expressly disclaims any and a11 warranties, express or implied, with respect to any such Submittal developed,reviewed or approved by Grantor as a condition of this Agreement. 11. Successors and Assi�s. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. 12. Termination; Relocation. 12.1 Grantor may require City to relocate the easement granted hereby at any time and from time to time to another area of the Grantor's property, provided that any such relocation shall be at Grantor's expense, and provided that any area to which the easement is relocated sha11 be deemed the 'Basement Area" for a11 purposes of this � instrument from the date of such relocation. O � 12.2 In the event City breaches or fails to perform or observe any of the terms O � and conditions herein, and fails to cure such breach or default within ninety (90) days � of Grantor's giving City 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 CD reasonable in the circumstances, Grantor may terminate City's rights under this � Agreement in addition to and not in lirrutation 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: 12.3 Upon termination of this Agreement and if requested by Grantor, City, at its sole cost and expense, shall remove from the Easement Area any and a11 improvements thereon and restore the Easement Area to a condition as good or better than it was prior to construction of said improvements. - 4 - 33506.225/GB/101196 12.4 No termination of this Agreement sha11 release City from any liability or obligation with respect to any matter occurring prior to such termination. DATED L��t��,�.. �- , 1996. CITY: GRANTOR: City of Renton Longacres Park, Inc. By, a,r..�,,�-�./ sse Tanner r.�,,✓��.. Its: It • �'KL�' ATTEST: vr✓ Marilyn . tersen, City Clerk STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) � On thi��cTay of�� 1996, before me the undersigned personally pappeared J. J. NELSON to me known to be the Vice President of LONGACRES ,4 PARK, INC., the corporation that executed the foregoing instrument, and � acknowledged the said instrument to be the free and voluntary act and deed of said � municipality, for the uses and purposes therein mentioned, and on oath stated that he � was duly authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the d and year first above written. L._. �-- �r ' ' r No � lic in and for the State o Washington residing at` My ommission expires G � `�� - 5 - 33506.225/GB/101196 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this 1nd day of �Ge b�►; 1996, before me the undersigned personally appeared��5s� J'ar,nee�to me known to be the�✓I� �� of the CITY OF RENTON, the municipality that executed the foregoi'ng instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipality, for the uses and purposes therein mentioned, and on oath stated that he was duly authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. �; � � Notary Public i and for the State of Washington residing at �v,�1�Un. My commission expires I�-/�—97 i� O � O � � � � � � - 6 - 33506.225/GB/101196 EXHIBIT A (legal description) � O � O O � � � c0 � 33506.225/GB/101196 � - : � I PACI FIC � � 3025-112th Avenue i\�.E. i+�(k-1 1 � 1 T A P.O. Box C-97304 Bellewe.WA 98009-930�3 WATER EASEMENT �f2 CITY OF RENTON An easement for the operation and maintenance of a water supply system in a portion of the N.E 1/4 of Sec.25, T.23N., R.4E., W.M., City of Renton, King County, Washington, being on, over, under and along the following described parcel of land, the perimeter of which is described as follows: Commencing at the S.W. corner of Parcel A, as shown on said Parcel Description Exhibit, as recorded in Book 85 of Surveys at page 27-27A, records of King County, Washington; thence S87°13'S7"E 1235.02 feet along the southerly line of said Parcel A, to the TRUE POINT OF BEGINNING; thence leaving said southerly line from the TRUE POINT OF BEGINNING N00°00'00"E 20.57 feet; thence S90°00'00"E 130.49 feet; thence N67°30'O1"E 200.13 feet; thence N90°00'00"E 35.12 feet; thence SO1°07'S2"W 15.00 feet; thence N90°00'00"W 31.84 feet; thence S67°30'O1"W 228.26 feet; thence N87°13'S7"W 107.62 feet to the TRUE POINT OF BEGINNING, containing 6501.28 square feet, 0.15 acres. The Basis of Bearings for this description is the same as the Parcel Description Exhibit, as recorded � in Book 85 of Surveys at page 27-27A, records of King County, Washington. a c� �o c � � � :� c� � ~ �`��_� ,. -�(H I. r;;,� , � ��.='�a;�.r.i.��' � �. �o . � i •e c, ; .,� '��' r Rf� �' ,• � sf� � . _ ; �' LAN� " � •� 4/16/ � �~�. €r-�< 407-94 ;�;;:�i;� 3-2464-3808 '•�•• watrleg2.L.EC ��, � (206)8?7-0220 Fac (�06)822-5341 PlanninQ•Engineering�Surveyin�•Landscape Desi�n• Em•ironmental Sen�ices � EXHIBIT B (drawing showing Easement Area) � C c� 4 � � � � � G7 33506.225/GB/101196 ,�-�'R�l��\\'-�»�� M `\v�` W�1J u/c< . • Z �'�', u o ��.�w°F hiv F � w d�� 0 3 M�1��' � • U�� ,q �� 0 2' o oaslwc an aF rmrrori Q�-;�?�a� �'cr �re o �, w�mt u� E�t�t r'1 �o�F, �rsr;� F.��coa:aa.� Vq L I.AN'' ' � rx��Es q/16! � I GRAPHIC SCALE '' t:., ,-„ � �---� -�_� ,00 � � 0 50 100 200 � � ' i � � �M r W ( IN FEET ) � � —' _ 1 inch = 100 ft. ' --- X � _ ; ; W � �; � w F— PARCEL A $ � W , :, so,ro�'s2•w ' �i � � W �s.00' I � EASEMENT yt EASEMENT /2 N90'00'00"E 1 ' � ? m � � t i 924.01 SQ.FT. 6501.28 SQ.FT. 35.12' ' � ;�J W J � 0.02 AC. OJ 5 AC. �� W � c? .,ao�� '�-'3,.-84�� : j � A� � � � � � � � S.W. CORNER OF PARC0. A. o N6� ,�''i�' � � � I I I I I I n � �. � S90'00'00"E ��fi � �N 47.15' , �30.�9� �y� ��223 p�w p� I '� ' Q S87'13'S7"E z°r —_— _ � 6�' �fyCE • �i 20.3Y N00100'00'E �� 5 � 48.09'- ' 107.62 - � �� N87'13'57'W P.O.B. % i i p 0 1235.02' p(tQpERTY LME �� '% 5FJ►TTL.E WA7ER CRPL /4 � :: a � i Date 4�tt/94 Scsle � `��' �! Surveyed�— Drawn PARCEL C checked i i Approved � F.._ .._ Dw�ab N�ber (, ' �� l../�rlJ��iG�Jp f � NOTE: THE BASIS OF BEARINGS FOR THIS DESCRIPTION i � __ _ � FYlename . i5 THE SAME AS NE PARCEL DESCRIP110N EXHIBIT, . ` SHEET ' AS RECORDED IN BOOK OF SURVEYS AT PAGE 27-27A, ; + � RECORDS OF KING COUNTY, WASHINGTON. � , ot�