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Home My WebLink AboutSP-Exceptions 062_9612100307WNEN RKORDFD RITIIRN 70 oml1(da:ayr'krt UTILITIES EASEMENT Remora M.Axim nuiidinp 200 Mill Avc.- 5—ib R-an. WA 990%5 Pcnjcce' W2021. 14KinFf utrrxner Srrviu Training T/r•e�n�top �7 N'url ordcr G—l" L"r¢lerSIft Ot. SrR SI-1 lmeruamn Walol eticna"ns nfa-o•w'. b911a1„ Ar A—. iW and % 271d Slrc ' 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 Ana"), which such exhibits are attached hereto and incorporated herein by this reference. O QThis easement is granted subject to and conditioned upon the following terms, O conditions and covenants which City hereby promises to faithfully and fully observe val and perform. R Val td I. urT ore. Cite shall have the right to construct, operate, maintain, repair and 0h enlarge thr water pipeline, together with all necessary appurtenances. 2. Compliance jyith 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 has encountered any hazardous substances in the Easement Amain 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 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 repl-ce the removed material for City to use in its operation, if necessary. Should the encf untered 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 77l06.2=1111011% Description: King, WA Document -Year. Month. Day. DoclD 1996.1210. 307 Page: 1 of 10 Order. king co Comment: • a 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 shall have no recourse against Grantor for the cost of scheduled delays incurred due to the delay in operation. Any environmental mitigation requirement.% imposed as a result of the exercise of any right or obligation of City hereunder shall be the sole responsibility and expense of City. 4. City. Use and Activities. Except as provided in Paragraph 1, City shall not use, or allow 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 Grantors use of the Easement Area as set forth in Paragraph S. City shall, at all titres, exercise its rights hercunder in a manner so as to prevent bodily h.um to persons (whomsoever) and damage to property (whatsoever). C;ty shall maintain and repair the Easement Area (and improvements thereon) as necessary to keep the same in a neat, clean and saf, condition. 5. Gran_tor's Use of the Easement Area and Access by Grantgf During Construction. Grantor reserves the right to use the Easement Area for any purpose not p. inconsistent with the rights herein granted; provided, that Grantor shall not construct or Mmaintain any building or other structure on the Easement Area which would interfere with the exercise of the rights herein granted. City shall make provisions satisfactory p 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 ..� event of an emergency requiring immediate action by either party for the protection of Wits facilities or other persons or property, such party may take such act ion upon such notice to the other party as is reasonable under the circumstances. b. Indemnity. City agrees to release, indemnify and hold harmless Grantor, Grantors 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 incurred 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 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. As between the patties 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). l -2- 33506X5/Gan01 t% Description: King, WA Document -Year. Month. Day. DocID 1996.1210.307 Page: 2 of 10 Order: king co Comment. 7, Abandonment. The rights herein granted shall continue until such time as City ceases to use said Easement Area for a p-riod of five (5) successi - years. in which event this easement shall temunate and all rights hereunder shall revert to Grantor. 8. lNplicr.. n-itices required to be in venting under this Agreement shall be personally served it sent by U.S. mail. Any notice given by mail shall be deemed to have been receivoo when three days have elapsed from the time such notice was deposited in the U.S. mail addressed as follows: To Grantor: Longac-es Park, Inc. c/o Boeing Commercial Airplane Group P.O. Box 3707 - M/S 211-71 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 O Seattle, WA 98124-2207 Phone: (206) 655-2405 V4 N :.0 To City: City of Renton Y� y 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 shall 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 pen -nits, leases, licenses. and easements, if any, heretofore granted by Grantor affecting the Easement . -3- + 33506.72SR;WI011% Description: King, WA Document -Year. Month. Day. DoclD 1996.1210.307 Page: 3 of 10 Order: king co Comment .=-- ...._ 4 ~low Area Grantor does not warrant title to its propew, and shall not he 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 an•dysis, 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 City of any of its obligations under this Agreement. Gran tur 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, Successors and AniM. The rights and obligations of the parties shall inure to the bent of and be ! mding upon their respective successors and assigns. 12. IMigatiow 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 Grantors property, provided that any such relocation shall be at Grantor's expense, and provided that any area tc, which the easement is relocated shall be deemed the "Easement Area" for all purposes of this N instrument from the date of such relocation. O 12.2 1n the event City 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 N 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 0 reasonable in the circumstances, Grantor may terminate City'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 requ tsted by Grantor, City, at its sole cost and expense, shall remove from the Easement Area any and all improvements thereon and nestow the Easement Area to a condition as good or better than it was prior to construction of said improvements. 1' .4- Description: King, WA Document -Year. Month. Day. DoclD 1996.1210.307 Page: 4 of 10 Order., king co Comment: a .awr.dp 0 I2A No termination of Viis Agreement shall release City from any liability or obligation with respect to any matter occurring prior to such termination. DATED DMBrR a .1996. CITY: City of Renton sse Tanne Its: _ ATUST: Marilyn Y54tarsen, City Clerk STATE OF WASMNGTON ) ) ss. COUNTY OF KING ) GRANTOR: Longactes Park, Inc. xr_�v-A On thi&,L?y of d,,LL—� 1996, before me the undersigned personally p appeared J. J. NE. SON to me known to be the Vice President of LONGACRES FPARK, INC., the corporation that executed the foregoing instrument, and t 4 acknowledged the said instrument to be the free and voluntary act and deed of said 94 municipality, for the uses and purposes dwtin mentioned, and on oath stated that he was duly authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the diAw and year first above written. N in and for the S ashington residing My mntission expires r 7 w Description: King, WA Document -Year. Month. Day. DoclD 1996.1210.307 Page: 5 of 10 Order.- king co Comment: • STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this -InL day ofrnbh^ 1996, before me the undersigned personally appeared Jme jqrfAa me known to be the of the CITY OF RENTON. the municipality rust executed the forego g instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipality, for tare uses and purposes therein mentioned, and on oath stated that he was duly authorized to execute the said instniment. WITNESS my hand and official seal hereto affixed the day and year fast above written. rsv,/ Notary Public • and for the State ofasnhington residing . My commission expires L/9 97 '. .6 - Description: King, WA Document -Year. Month. Day. DoclD 1996.1210.307 Page: 6 of 10 Order: king co Comment: EXHIBIT A (legal description) 3i106.YLi1C7B/1011K Description: King, WA Document -Year. Month. Day.DociD 1996.1210.307 Page: 7 of 10 Order., king co Comment: ..._ • 6 I PACIFIC WS II'iL A'11—N I n Pcl Pot'473nJ 11,•I lr�ur. N'A 4AIN14�4UIJ WATER EASEMENT 12 CITY OF RENTON An easement for the operation and maintenance of a water supply system in a portion of the ME 114 of Sec.23, T.23N., R.4E., W.M., City of Renton, King County, Washington, being on, over, under and along the following described parcel of far.', the perimeter of which is described as follows: Commencing at the S.W. comer 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; • ,ante S87'13'57'E 1235.02 fat along the southerly line of said Parcel A, to the TRUE POINT OF BEGINNING; thence leaving said southerly litre from the TRUE POINT OF BEGINNING N00'00'00'E 20.57 feet; thence S90'00'00'E 130.49 feet: thence N67'30'01'E 200.13 feet: thence N90'00'00'E 35.12 feet: thence S01'07'52'W 15.00 feet; thence N90'00'00"W 31.84 feet; thence S67'30'01'W 228.26 fat: thence N87'13'57"W 107.62 feet to the TRUE POINT OF BEGINNING, containing 6501.18 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. c? 0 0 94 eq 04 to fn 407M a+blZ-IbG Ji M1 \ TIC i '-y(Y 1 • ' �OAR�'LO'1'fO Far nf1R1 R71SiLl Plnnnino•Fnoinn•rino•Curv.uino•1 nnAmnx lbc:ne•Fnv:.nn,,,...,.i C...•:�.. Description: King, WA Document -Year. Month. Day. DoclD 1996.1210.307 Page: 8 of 10 Order: king co Comment: i i ? s•a+:tRes EXHIBIT B (drawing showing Easement Area) 1 � k O i VC] 4 �" AW T_ r 535N.W/GBAOUN Description: King, WA Document -Year. Month. Day. DoclD 1996.1210.307 Page: 9 of 10 Order: king co Comment: 6 • r GRAPHIC SCALE ! "1s. +00 0 se +00 xoo ( IN F'EF ' ) I inch - 1 � ft. PARCEL A usocwr+ ox..m so aox *c. —S.W. CNNER OF FARCM l Y Cr 10 A MM wlnl i1M1 d01r + + so+orsx•w ' +� uoo' E11ffNF71i /z RODv9oo'E + 0s5+.xe san. xa�r i i au su PARCEL C NO7E: nc e�ss o< suawos ran TM+s DFSCNonp+ 4000OZZT96 LS THE gpl AS S AA F Q xsallAna+ E 27- �s RECORDED R+ BDON di n1NrER �T vAfZ n-nx, RECORDS OF +ORC COUNTY, wA90CMN. • ;=Elf 1� Ep w W U � 3 �IIlIII Description: King, WA Document -Year. Month. Day.Doc1D 1996.1210.307 Page: 10 of 10 Order: king co Comment: