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HomeMy WebLinkAboutSP-Exceptions 063_9612100308Documents provided by DataTreettC via i s-proprietary imaging and -delivery system. -Copyright 2003,-AlI rights reserved.. WIII:N Rr.(()Rnrn RrT1IRN To om«nnrKCRY 1,6 nW.Id�nF Rcmon UTILITIES EASEMENT nwnk�ral d ion h4.11 A,—Snmh Wastewater Utility Easement Rcnlnn, WA 98055 PmiW S-2071. nrcmF ['uanmc, S—kc T raining Ccnlc,�y� V/n,k(),dc,a F.-W90 I'll)— __ 6-lor (,on ci rark 1n STR Slmcl lnlcrs m- Snnlh nr SlV 1611, S-1 k,.e 1>akNalc AV—S" and I -macs omc SWA L' -a)& j5Cr 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 muncipality of the State of Washington (the "City" herein), for the purposes hereinafter set forth a non-exclusive perpetual easement, over, across and under a portion of the real property, in King County, Washington, described in Exhib;t A and depicted on Exhibit B (the "Property"), such easement occupying the portion of the Property described in Exhibit C (the "Easement Area'), all of which exhibits are attached hereto and incorporated herein by this reference. at This easement is granted subject to and conditioned upon the following 0 terms, conditions and covenants which the City hereby promises to faithfully. p and fully observe and perform. M1. Purpose. The City shall have the right to construct, operate, maintain, N repair, replace, and enlarge sewer pipelines together with all necessary appurtenances. 2. Compliance with Laws and Rules. The City shall at all times exercise ftss rights herein in compliance with all applicable laws and regulations. 3. Removal of Fill Material. In the event that the City encounters, or suspects that it has encountered any hazardous substances in the Easement Area in furtherance of its rights set forth in paragraph 1, the 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 the City, Grantor shall, at its own expense, determine if the material is hazardous, as determined by applicable law. If file 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 the City to use in its operation, if necessary. Should the Inoa as,cs,alwa fi 76-r07_5 Re+*onsesruN[P•a� 1 f Documents provided byDataTreettCvia ifsproprietaromaging-arsel detiveFy-system.—Gopytkrt2803-A4rights reserved. -- ! encountered or suspected material prove not to be hazardous, the 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 the City, 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 the City's expense, and the City 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 the City hereunder shall be the sole responsibility and expense of the City. 4. The City's Use and Activities. The City shall exercise its rights under M this Agreement so as to minimize, and avoid if reasonably possible, M interference with Grantor's use of the Easement Area as set forth in p Paragraph 5. O 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 lA Grar For shall not construct or maintain any building or other structure on the Easement Area which would interfere with the exercise of the rights herein granted. The City shall make provisions satisfactory to Grantor for continued access by Grantor along, over and across the Easement Area during periods in which the City 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. 6. Indemnity. The 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 the 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 the 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 j� • � �nce.ns,ce,aeia, RM—Sewe EVIRCErt J' . Documents -provided by-DataTree-LLGvia iVs,-proprietary imaging and delivery system- Copyright 2003,AILrigbts_reserved__ purview of RCW 4.24.115, such obligation shall apply only to the maximum extent permitted by RCW 4.24.115. As between the parties and for purposes only of the obligations herein assumed, the 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 Industri. I Insurance Act, Title 51 of the Revised Code of Washington). 7. Abandonment. The rights herein granted shall continue until such time as the City 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 <b be personally served or sent by U.S. mail. Any notice given by mail shall be p deemed to have been received when three days have elapsed from the time M such notice was deposited in the U.S. mail addressed as follows: To Longacres Park, Inc. � Grantor: c/o Boeing Commercial Airplane s :A M Group P.O. Box 3707 - MIS 75-66 a Seattle, WA 98124-2207 1 Attn: Manager of Planning & Leased Properties Y+ 1 Phone: 237-1945 with a copy to: Boeing Commercial Airplane Group P.O. Box 3707 - MIS 76-52 Seattle, WA 98124-2207 Attn: Group Counsel Phone: 237-2682 -3- i+ses.asiceia�aw R9rtw Sewende P�eca I Documents provided .,y ^T o-t s-proprietary imaging and deli very system. Copyright 2003, All rights reserved To the City of Renton City: Department of Planning, Building and Public Works 200 M. ill Ave. Renton, Washington 98055 Attn: Neil Watts Phone: 206-277-6176 Either party may change the address to which notices may be given by giving notice as above provided. on p 9. Access. The City shall have the right of reasonable access to the t Easement Area over and across adjacent lands owned by Grantor to enable the pCity to exercise its rights hereunder, provided that the City shall compensate v4 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 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 the 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) shall not relieve the City of any of its obligations under this Agreement. 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. 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. w 12. Termination; Relocation. �A • • 12.1 Grantor may require the City to relocate the easement granted hereby at any time and from time to time to another area of the Grantor's -4- inae.mireiarou R—S w -r P...e, i Documents provided by DataTree LLC via it's proprietary imaging and delivery system. Copyright 2003, All rights reserved. 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 the 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 of Grantor's giving the 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 reasonable in the circumstances, Grantor may terminate the 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 GO terminate for any future breach or default. M12.3 Upon termination of this Agreement and if requested by Grantor, Othe City, at its sole cost and expense, shall remove from the Easement Area 94 any and all improvements thereon and restore the Easement Area to a Ncondition as good or better than it was prior to construction of said 4 improvements. Q� 12.4 No termination of this Agreement shall release the City from any liability or obligation with respect to any matter occurring prior to such termination. DATED P f &,U &;,R 199G. The City: GRANTOR: The City of Renton Longacres Park, Inc. By:'�". By. Jesse Tanner I Nelmn Its: Its: COltlezW39" ATTEST: Marilyn etersen, City Clerk 5 17SI si.eiamM Re+rav Sr."e P.— I Documents provided by DataTree LLC via it's proprietary imaging and delivery system. Copyright 2003, All rights reserved. • 0 STATE OF WASHINGTON ) ss. COUNTY OF KING/ ) i I ,�,rr On this, day of / `w�� 1994, before me the undersigned personally appeared J. J. NELSON to me known to be the person who signed this instrument as Vice -President of Lorgacres 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 corporation, for the uses and purposes therein mentioned, and on oath stated that he was duly authorized to execyte the saiinstrument. WITNESS my hand and official seal he a ' " iel rrst above written. - Notary Pub is in and for the State of Washin ton res din � My commissior, expires O / c9 G STATE OF W ASHINGTON ) ) ss. COUNTY OF KING ) d On this�ay of CP h A994, before me the undersigned personally appeared gyro me known to be the ALaMgr _- of The City of Renton, the municipality 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 mentioned, and on oath stated that s/he was duly authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. ota y Public in add for the Sta of W shington residing at My commission expires LU /9-97 0 J • -6- A � 13csiceianw KWM WATr1 EPA"LI t. , iA Documents provided by DataTree LLC via it's proprietary imaging and delivery system. Copyright 2003, All rights reserved. V� EXHfBIT A (legal description of the Property) ,a .7_ ' ' I'•,F I1S1t.1I5/GB/BIIOGI MB SBwBiWB PA"LI + Documents provided by DataTree LLC via it's proprietary imaging and delivery system. Copyright 2003, All rights reserved. EXk1bry A PARCU, I All that certain real property situate in the City of Renton, County of King, State of Washington, being Government Lot 14, and a portion of Government Lot 8, both in Section 24, Township 23 North, Range 4 East. Willamette Meridian, and a portion of the N.W. 1/4 of the S.E. 1/4 of said Section 24, and a portion of the N.E. 1/4 of the S.E. 114 of said Section 24, and being more particularly described as follows: BEGINNING at the Southwest comer of the N.E. 114 of the S.E. 1/4 of said Section 24; thence pj from said POINT OF BEGINNING, along the East line of said Government Lot 14 S00'56'17'W C 68.96 feet to the North line of Henry A. Meader's Donation Land Claim No. 46; thence along said C North line N87'13'57'W 1462.38 feet; thence leaving said North line N00'22'11'E 1022.22 feet O to the southerly right-of-way line of I-405; thence along said southerly right-of-way line and the vol south right-of-way line of S.W. 16th Street from a tangent that bears N62'52'57'E, along the arc of a curve to the right having a radius of 543.14 feet and a central angle of 26'45'00', an arc length of 253.58 feet; thence tangent to the preceding curve N89'37'57'E 1079.63 feet; thence tangent to the preceding course along the arc of a curve to the left having a radius of 1940.08 fat and a antral angle of 02'52'00% an arc length of 97.07 feet; thence tangent to the preceding curve N86'45'57 L 4.56 feet; thence tangent to the preceding course along the arc of a curve to the right having a radius of 1880.08 feet and a antral angle of 01 *32'55', an arc length of 50.81 feet; to the northwest comer of the parcel conveyed to the City of Renton under A.F. #8911030810, King County records; thence along the boundary of last said parcel S08'35'56'W 42.70 feet and N79`13'48'E 58.77 feet to the west right of way line of the White River Drainage Ditch No. 1, as condemned in Superior Court Cause No. 32912, King County Records; thence along said west right of way line the following courses: SOO'25'33'E 47.35 feet, S01'48'32'W 44.26 feet, S07'14'42'E 48.28 feet, S19'25'58'E 66.50 feet, S20'05'30'E 40.14 feet, S30'55'50'E 51.32 feet, S39'53'54'E 32.19 feet, S30'06'16'E 76.04 feet, S27' 12'00'E 34.56 feet, S31'19'50'E41.01 feet, S36'00'41'E74.11 feet, S31'50'12'E 42.02 feet, S42'05'27'E47.21 feet, S40'19'57'E47.67 feet, S45'25'52'E59.32 feet, S50'37'12'E 39.63 feet, S51'16'55'E 68.16 feet, S81'36'50'E 62.75 feet, N86'59'20'E 94.92 feet, S55'04'26'E 53.26 feet, S48'31'30'E45.85 feet, S39'25'24'E 49.84 feet, S36'49'16'E46.76 feet, S44'53'21'E 48.07 feet, S29'35120'E 35.41 feet, S30'48'41-E 46.69 fea, S20'07'49-E 85.72 feet, and S24'18'59'E 68.77 feet to the South line of the N.E. 1/4 of the S.E. 1/4 of said Section 24; thence along last said South line N87'26'45'W 918.35 feet w the POINT OF BEGINNING. Contains 47.669 Acres of land more or less. The Basis of Bearings for this description is the Record of Survey for Broadacres Inc., recorded in Book 10 of Surveys at pagg,�.gnder Recording No. 7707289002, King County records. Ea1CWIN 4 yy��g v fl9FCISTfAE�,�^ dNA( JLW/FWC U805°R 12-04-91 REVPARCI.LEG 3-2464-3806 t'_ Documents provided by DataTree LLC via it's proprietary imaging and delivery system. Copyright 2003, All rights reserved. • EXHIBIT B (drawing showing Easement Area and Property) Lin O 0 O r4 44 0 0 -B- J ns+a.asi�ro�rw `j Mlfd+Yw9lM Ptitai Documents provided by DataTree LLC via it's proprietary imaging and delivery system. Copyright 2003, All rights reserved. NOTES: lxE MSF a YGnwCS !pl 1M5 fJ •it R M RL09D 0! SuwS rtiED w WO[ �o Y SUMVS. clf,[ ].. " 1M t ARE% b •t50 wm !0 ME ftCw BDDa !S M SU . WE it 1/tyF i.ufpS� l 9612100308 LEGEND: vw:EE axes ® MUSs SUM�GE �iw.v.i+i ® YOx'vuixt w UH S^ as Rexie — ax to --- — TH': SOEINO COMPANY SANITARY SEWER EASEMENT I3 ---_ DESCRIPTION EXHIBIT PENTON WASHIN GTON EXNIBiT B urrw .wwervr Documents provided by DataTree LLC via it's proprietary imaging and delivery system. Copyright 2003, All rights reserved. V ., Apw EXHIBIT C (legal description of Easement Area) - 9 - rnw nsiceiarow Nnror+sn+c.i..e r,..ear �i �tr, Documents provided by nataTree C via _ds proprietary imaging and delivery system. Copyright 2003, All rights reserved. P PACIFIC 3025 1121h Avenue N r: PO V,,('-973 I3c11— -WA 9R(K)9-9104 EXH1611 C SANITARY SEWER EASEMENT An easement in the S.E.1/4 of Section 24, Township 23 North, Range 4 East, Willamette Meridian, and being a portion of Parcel I as shown on the Record of Survey of Longacres, recorded in Book 85 of Surveys, at Page 27, King County Records, said easement being for the construction, operation, and maintenance of a sanitary sewer system, on, under, over, and along the following described parcels: BEGINNING at a point which bears N52'42'31'E 1658.95 feet from the Southwest corner of said Parcel 1; thence from said POINT OF BEGINNING N41'56'26'E I01.39 feet to the South line of the S.W. 16th Street Right -Of -Way as set forth in Recording Number 950�{06O139 King County records; thence along last said South line N86'44'22'E 21.29 feet thence leaving said South line OS41'56'26"W 116.50 feet; thence N48°03'34'W 15.00 feet to the POINT OF BEGINNING. 01 ALSO BEGINNING at a point which bears N65'33'20"E 1574.09 text from the Southwest corner of said Parcel 1; thence from said POINT OF BEGINNING N63'31'55'E 44.50 feet to the West rl line of an existing Utility Easement as set forth in Recording Number 6150815, King County Nrecords; thence along said West line S00°56'14"W 16.90 feet; thence leaving said West line :D S63'31'55"W 37.08 feet; thence N25°04'37"W 15.00 feet to the POINT OF BEGINNING. 0! The Basis of Bearings for this Description is the Record of Survey filed in Book 10 of Surveys at Page 2. 3 2-3E98 o-23-% sAME597' '. Mc (206) 827.0220 Fz.v(206) 822-5341 Plammjix•Eneineerinc•Survevmg• Landscape Design• Environmental Services