HomeMy WebLinkAboutE 20090507000879 20090507000879
CITY OF RENTON EAS 53.00
Return Address: PAGE001 oF ei2
City Clerk's Office KING�COUN9Y14WA0
City of Renton �C���T��j����������
1055 South Grady Way
Renton, WA 98057 �"��'���p��afv���o
�' - �r�u�r
Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet(RCW 65.04)
DOCUlrierit T1t1e�S� (or transactions contained therein):(all areas applicable to your document must be filled in)
1. 15 ft Utility Easement for fire hydrant along 2.
I-405 near Oakesdale Ave SW and behind
Boeing 25-02 Building at 1300 SW 16"'St.
3. 4.
Reference Number(s)of Documents assigned or released:
Additional reference#'s on page of document
Grantor(s)(Last name first name,initials)
l. Longacres Park, Inc. ,
2. ,
Additional names on page_of document.
Grantee(s)(Last name first,then first name and initials)
1. City of Renton ,
2. ,
Additional names on page_of document.
Legal description(abbreviated: i.e.lot block,plat or section,township,range)
Parcel I of Boeing Survey Vol. 85,pg.27-27A,K.C.Rec#9201169002
Additional le al is on a e of document.
Assessor's Property Tax Parcel Account Number ❑ Assessor Tax#not yet assigned
2423049048
The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to
verify the accuracy or com leteness of the indexin information rovided herein. ����-�`-�+-C���=-'.:;'�
I am requesting an emergency nonstandard recording for an additional fee as provided in RCW
36.18.010. I understand that the recording processing requirements may cover up or otherwise
obscure some pare of the text on the original document.
�U� (�A�t.t� Signature of Requesting Party
EASEMENT
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, ("Grantor"
herein), hereby grants and conveys to THE CITY OF RENTON, a Washington municipal
corporation("Grantee" 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-1 (the"Property"), such easement to take up the portion of such property as is
described in Exhibit A-2 and depicted on the exhibit labeled"Map Exhibit" (the "Easement
Area"), which such exhibits are attached hereto and incorporated herein by this reference.
This easement is granted subject to and conditioned upon the following terms,
conditions and covenants, which Grantee hereby promises to faithfully and fully observe and
perform.
1. Pur�ose. Grantee shall have the right to construct, reconstruct, install,repair,replace,
enlarge, operate and maintain underground water pipelines to serve a fire hydrant, together
with the right of ingress and egress thereto without prior institution of any suit or proceedings
of law without incurring any legal obligation or liability therefor(except as provided in this
Easement). Following the initial construction of its facilities, Grantee may from time to time
construct such additional underground facilities as it may require in connection with utilities
and utility pipelines.
2. Compliance with Laws and Rules. Grantee shall at all times exercise its rights herein
in compliance with all applicable laws and regulations. Grantee shall obtain all permits and
approvals required by any governmental agencies that may be necessary to Grantee's intended
use of the Easement Area.
3. Removal of Fill Material• Environmental Indemnitv. In the event that Grantee
encounters, or suspects that it has encountered any hazardous substances in the Easement Area
in furtherance of its rights set forth in paragraph 1, Grantee shall cease all operations and
notify Grantor. If the encountered or suspected hazardous substances are not the result of the
acts or omissions of Grantee, Grantor shall, at its own expense, determine if the material is
hazardous, as determined 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 Grantee to use in its
operation, if necessary. Should the encountered or suspected material prove not to be
hazardous, Grantee 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 the result of the acts or omissions of
Grantee, Grantor's characterization of the 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 Grantee's expense, and Grantee shall have no recourse against
Grantor for the cost of schedule 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 Grantee hereunder shall be the sole responsibility and expense of Grantee.
Grantee shall indemnify, hold harmless, and defend Grantor, and the Indemnified Parties from
and against any and all claims, losses, damages, response costs, and expenses arising out of or in
any way relating to the violation of any Environmental Laws and Requirements, or to the
generation, release, storage, deposit or disposal of Hazardous Substances, to the extent caused by
Grantee, its agents, employees, Contractors and invitees in connection with the exercise by
Grantee of its rights under this Easement, including but not limited to: (1) claims of third parties,
including governmental agencies, for damages(including personal injury and/or property
damage), response costs, fines,penalties, injunctive or other relief; (2)the cost, expense, or loss
to Grantor of any injunctive relief, including preliminary or temporary injunctive relief,
applicable to the Grantor or any of Grantor's property; and(3)the expense of reporting the
existence of Hazardous Substances to any agency of any state government or the United States as
required by applicable laws or regulations, before and after any trial or appeal therefrom whether
or not taxable as costs; all of which shall be paid by Grantee when accrued. As used herein, the
term"Environmental Laws and Requirements"means any federal, state, or local law regulating
the protection of the environment or human health and"Hazardous Substances"means any
hazardous, toxic, chemical, or dangerous substance,pollutant, contaminant, waste or material,
including petroleum, which is regulated under any Environmental Laws and Requirements.
4. Grantee Use and Activities. Grantee shall use, or allow the use of, the Easement Area
only for the purposes set out in paragraph 1 of this Easement. Grantee 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. Grantee shall, at all times,
exercise its rights hereunder in a manner so as to prevent bodily harm to persons
(whomsoever) and damage to property(whatsoever). Grantee shall maintain and repair the
Easement Area(and improvements thereon) as necessary to keep the same in a neat, clean and
safe condition. The Grantee shall upon completion of any work within the Easement Area or
on the Property, restore the surface of the Easement Area and any private improvements
disturbed or destroyed and any other area of the Property disturbed during execution of the
work as nearly as practicable to the condition they were in immediately before commencement
of the work or entry by the Grantee.
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 shall not:
(a) Erect or maintain any building or structures within the Easement Area;
(b) Plant trees, shrubs, or vegetation having deep root patterns that may cause
damage to or interfere with the utilities to be placed within the Easement Area by the Grantee;
(c) Develop, landscape, or beautify the Easement Area in any way that would
unreasonably increase the costs to the Grantee of restoring the Easement Area, the Property or
any private improvements on the Easement Area or the Property;
(d) Dig, tunnel, or perform other form of construction activities on the
Easement Area that would disturb compaction of or unearth Grantee's facilities on the right-
of-way, or endanger the lateral support facilities;
(e) Blast within fifteen (15) feet of the right-of-way.
Grantee shall make provisions satisfactory to Grantor for continued access by Grantor along,
over and across the Easement Area during periods in which Grantee is conducting
construction or other activities. In the 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.
Nothing in this Easement is intended to prevent Grantor from placing utility installations or
other facilities within the Easement Area,provided that Grantor shall not damage, disturb, or
interfere with the utility installations of Grantee.
6. Indemnitv and Insurance.
6.1 Grantee agrees to release, indemnify and hold harmless Grantor, any entity that
owns or controls Grantor(including without limitation The Boeing Company), any entity that
is owned or controlled by Grantor, and any entity that is under common ownership or control
with Grantor, their respective successors or assigns, and each of their respective directors,
officers, employees, agents, servants and representatives, (the "Indemnified Parties") from any
and all actions, liabilities, demands, claims, suits,judgtnents, liens, awards, and damages of
any kind or character whatsoever(hereinafter referred to as "Claims"), including claims for
injury to or death of any person, loss of or damage to any property, and costs, expenses and
reasonable attorneys' fees incurred by Grantor or any Indemnified Party in connection
therewith (including costs in connection with establishing the right to indemnification
hereunder), asserted or arising directly or indirectly from, on account of, or in connection with
operation, maintenance, use, or control of the Easement Area(and improvements thereon) or
presence on the Property in connection therewith of Grantee, or any agent, employee of
Grantee or any contractor providing goods or services to Grantee("Contractor") or any
Contractor's personnel. The foregoing is not intended to require the Grantee to indemnify the
Indemnified Parties with respect to any Claim to the extent that it was caused by the active
negligence or willful misconduct of the Indemnified Parties. With respect to all or any portion
of the foregoing obligation which may be held to be within the purview of RCW 4.24.115,
such obligation shall apply only to the maximum extent permitted by RCW 4.24.115. Grantee
expressly waives any immunity under industrial insurance whether arising from any statute or
other source, to the extent of the indemnity set forth in this paragraph. In the event that
Grantee is successful in proving that the foregoing indemnity is limited by applicable law,
Buyer shall defend, indemnify and hold harmless the Indemnitees to the full extent allowed by
applicable law. In no event shall Grantee's obligations hereunder be limited to the extent of
any insurance available to or provided by Grantee.
6.2 Grantee shall ensure that any Contractor carries and maintains, Commercial General
Liability insurance with available limits of not less than One Million Dollars ($1,000,000) per
occurrence for bodily injury, including death, and property damage combined, One million Dollars
($1,000,000) general aggregate. Such insurance shall be in a form and with insurers acceptable to
Grantor and shall contain coverage for all premises and operations,broad form property damage
and contractual liability(including without limitation, that specifically assumed herein). Any
policy which provides the insurance required under this paragraph shall: (a)be endorsed to name
"The Boeing Company and its subsidiaries and their respective directors, officers, employees,
agents, attorneys and assigns" as additional insureds (hereinafter"Additional Insured") with
respect to any liability arising out of Grantee's presence on the Property(or such Contractor's
presence as the case may be), (b)be endorsed to be primary to any insurance maintained by The
Boeing Company; (c) contain a severability of interest provision in favor of the Additional Insured
and (d) contain a waiver of any rights of subrogation against the Additional Insured.
If licensed vehicles will be used in connection with this permit, Grantee shall ensure that any
Contractor who uses licensed vehicles in connection with this permit carries and maintains,
Automobile Liability insurance covering all vehicles, whether owned, hired, rented, borrowed or
otherwise, with limits of liability of not less than One Million Dollars ($1,000,000)per occurrence
combined single limit for bodily injury and property damage.
Grantee shall ensure that any Contractor covers or maintains, insurance in accordance with
the applicable laws relating to workers' compensation, with respect to all of their respective
employees working on or about the Property, regardless of whether such coverage of insurance is
mandatory or merely elective under the law.
No Contractor shall access the Property unless such Contractor shall have first provided for
Grantor's review and approval, a certificate of insurance reflecting full compliance with the
requirements set forth herein. Such certificate shall list The Boeing Company as certificate holder
and shall be kept current and in compliance throughout the period of this permit and shall provide
for thirty(30) days advance written notice to Grantor in the event of cancellation. The insurance
provisions in this Section 6.2 can be substituted with self-insurance.
7. Abandonment. The rights herein granted shall continue until such time as Grantee
ceases to use said Easement Area for a period of five(5) successive years, in which event this
easement shall terminate and all rights hereunder shall revert to Grantor.
8. Notices. Notices required to be in writing under this Agreement shall be personally
served or sent by U.S. mail. Any notice given 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
addressed as follows:
To Grantor:
The Boeing Company
Site Services
Attn : RSB Planning Manager
Box 3707 MC 9U-LW
Seattle WA 98124-2207
To Grantee:
City of Renton
Public Works Department
Attn: Gregg Zimmerman, Administrator
1055 South Grady Way
Renton WA 98057
Either party may change the address to which notices may be given by giving notice as above
provided.
9. Repairs. Grantee shall compensate Grantor for any damage to the Property, the
Easement Area and/or any other property of the Grantor caused by the exercise by Grantee of
its rights hereunder.
10. Limited Warranties. The rights granted herein are subject to permits, leases, licenses,
and easements, if any, heretofore granted by Grantor affecting the Easement Area. Grantor
shall warrant its title to the Property against any person claiming through Grantor, but not
otherwise. Any plans, specifications, or drawings (collectively, "Submittal") provided by
Grantee to Grantor pursuant to this Easement 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)
shall not relieve Grantee of any of its obligations under this Easement. Grantor hereby
expressly disclaims any and all warranties, express or implied, with respect to any such
Submittal developed, reviewed or approved by Grantor as a condition of this Agreement.
11. Covenants Running with the Land; Successors and Assig�ns. The terms and conditions
of this Easement shall be covenants running with the land, and shall burden and benefit the
Grantor, the Grantee, and their respective successors and assigns in interest as owners of the
Property(in the case of the Grantor and its successors and assigns) or as grantees of the rights
hereunder(in the case of the Grantee and its successors and assigns). Upon transfer of title to
the Property by Grantor or assignment of its rights hereunder as grantee by Grantee, the
benefits and burdens of this Agreement shall pass to the transferee, and the transferor shall be
liable only for those matters that arose during the period of such transferor's ownership of the
Property or of the rights of the Grantee, as the case may be, and 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 Grantee 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 shall be deemed the "Easement Area" for all purposes of this instrument from the
date of such relocation.
12.2 In the event Grantee 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 Grantee 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 Grantee'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.
12.3 Upon termination of this Agreement and if requested by Grantor, Grantee, at its
sole cost and expense, shall remove from the Easement Area any and all improvements
thereon and restore the Easement Area to a condition as good or better than it was prior to
construction of said improvements.
12.4 No termination of this Agreement shall release Grantee from any liability or
obligation with respect to any matter occurring prior to such termination.
13. Attornevs' 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 for 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.
14. No Merger of Estates. The Easement granted herein shall not be extinguished or
terminated by operation of the doctrine of inerger or otherwise due to the existing or
future common ownership of the real property described herein.
15. Complete Agreement. This Easement 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 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 includes Exhibits A-1, A-2 and the
Map Exhibit, which by this reference are incorporated into this Easement.
16. Choice of Law. This Easement shall be governed by the laws of the State of
Washington, exclusive of its choice of law rules.
DATED �f�s�. �� , '�G i�i
Grantee: Grantor:
The City of Renton Longacres Park, Inc.
, �
By: �� By;
Its: d /9�I�i��j`IC�ts: �j {-, , ��,.,
AP�t� Zq , 200°I
ACKNOWLEDGMENT
CORPORATE FOR;M1f Of'aCK.�'OIf�ZIDG;t1ENT
Notary Seal must be within box STATE OF WASHINGTON )SS
COUNTY O��ING )
On this�_day of � s s 20l.'�� ,before me personally appeared
.ws�,��;a�,,�,"��0� �l[:c�� G �, �r�:�.n t;S to me known to
.:., ;, � �
� . � '``^;++ `f,� 'o be Qc , - • � =--�, ��d 'c s.,� i.r�.L. of the co oration that
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'�`j '�� �``y�� � 4��,�s���dy executed the within instrument,and a owledg e said inshument to be the free
.r iv,�}'0iw".c . `�'"�`e`. �a ♦
i��.��'�'`�"�'8'.�- �'��s�:L�+�� and voluntary act and deed of said corporation,for the uses and purposes therein
Y��� _ . T �� r mentioned,and each on oath stated that he/sl�r�was authorized to execute said
f ; � � �=�� instrument and that the seal at�ix 4�the corporate seal of said corporation.
a'"++r'°d's/ �."'�5,,�.� '�`�..� �
j�' p+;a i:3.,k�:d-"1'�a'^"�• _ " "
i�.'�u'., i'., � A�t„�,� .� ..
�Pr� " ��"�it'ceL°:i>e.��'���
asr��'��:$;,;,a��'°a�m' Notary Public in r t State of Washingt n
`�,°`""�::":'��f Notary(Print) �
S� [,�c�v�-
My appointment expires: D
Dated: �-/� - '
ACKNOWLEDGMENT
RFPRI_',SF.':ti'T,9 Tl6'E FORAf OF,1 CK:�'Of�l.EnGrL�F_�1'T
Notary Seal must be within box STATE OF WASHINGTON )SS
COUNTY OF K[NG )
[certify that 1 know or have satisfactory evidence that
signed this instrument,on oath
stated that he/she/they was/were authorized to execute the instrument and
acknowledged it as the and
of to be the free and voluntary act of such
partylparties for the uses and purposes mentioned in the instrument.
Notary Public in and for the State of Washington
Notary(Print)
My appointment expires:
Dated:
EXHIBIT A-1
King County Parcel #2423049048
Legal Description:
PCL I BOEING SUR VOL 85 PG 27-27 A REC #9201169002 DAF - POR SW 1/4 OF NE
1/4 &NW 1/4 OF SE 1/4 STR 24-23-4 DAF - COM AT NXN OF N MGN SW 16TH ST (S
153RD ST) WITH W BDRY OF CD HILLMAN'S EARLINGTON GARDENS ADD TO
SEATTLE DIV#1 TH WLY ALG SD N MGN 350 FT TPOB TH CONT WLY ALG SD N
MGN S 89-37-57 W 257 FT TH LEAVING NLY MGN AT R/A N 00-22-03 W 214.06 FT
TO SLY R/W LN OF SR 405 TH ALG SD SLY LN FROM TAN BRNG N 78-13-53 E ALG
ARC OF CRV TO R RAD 2765 FT & C/A OS-23-22 ARC LNGTH 260.09 FT TH
LEAVING SD SLY R OF W LN S 00-22-03 E 253.41 FT TPOB
EXHIBIT A-2
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�'arcel ��i"B��in�S��rv�y Val��me BS,�aa�;e� '?7-�7 A,recarded in I�in�t,~c�x�r�t�,
V�a:shir�gt+�n,Re�c�r�9i���;�9201 l�9(��d�srrilacd �s F�16o�vs.
1'�riirart af�t� 1�4 U�" NL 1,'� �: I�IV4� lt��t C>f� �� l��1 �e+ction�4,'�`a�vnshi� ?3I��
i�.an�e�E, W.M.,�in�C�au�tty, ��asl�in�tan, d�scrib�d �� f�rllor�s.
Cc�rnm�ncing at the ir�t�r�ction af`the nc�rtl�mar�;in c�fS'V�T Ib��Stre�t �f+�rrnerly
k�Qwn as S IS3rci St.} v��tl� !h� w�e�t b�urxd�ry� c�i�C.TJ�, H�Ilrn�n's E�rlir��;tc�n iJ�,rc�+�n:�
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