HomeMy WebLinkAboutSP-Exceptions 074_9903231472j
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Return Address. -
City of Renton
1055 South Grady Way
Renton, Wa 98055
I
i+ Jo
VP UtWties Easement e
Property Tax Parcel Number: 242304-9022
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.00) and other valuable consideration the receipt of
M For and in consideration of One Dollar (gl
which is hereby acknowledged, LONGACRES PARK, INC., a Washington co
("Grantor" herein), hereby grants and conveys to the CITY OF RENTON, a municipalityrau,
Q) City" herein), for the ("the
Purposes hereinafter set forth a non-exclusive perpetual easement, over
across and under the reai property, in King County, Washington, describ
Section 24, Township 23 North, Range 4 East, W.M. and as further described in Exhibit A,ed as follows; SE 1,
such easement to take up the portion of such property as is described in Exhibit B and
depicted on Exhibit C (the "Easement Area"), which such exhibits are attached hereto and
incorporated herein by this reference.
8 This easement is granted subject to and conditioned upon the following terms,
conditions and covenants which the City hereby promises to faithfully and fully observe and
perform.
I. Pureose. The City shall have the right to construct, reconstruct, repair, replace,
enlarge, operate, and maintain utilities and utility pipelines, including, but not limited to,
water, sewer and storm drain lines, together with tha tight of ingress and egress thereto
without prior institution of any suit or proceedings of law and without incurring any legal
obligation or liability therefor. Following the initial construction of its facilities, the City may
from time to time construct such additional facilities as it may require.
2• Comoliance with Laws and Rum, The City shall at all times exercise its rights herein
in compliance with all applicable laws and regulations.
3. Removal Fill Material, In the event t;aat the City encounters, or suspects that it has
encountered any hazardous substances in the Easement Area in furtherance of its rights set
fi forth in paragraph 1, the City shall cease all operations and notify Grantor. If the enew ntered
4?.0014,
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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 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. Ifhazardous
substances are removed, Grantor also shall provide substitute non -hazardous material to
replace the removed material for the City to use in its operation, if necessary. Should the
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 Use and Activities. Except as provided in Paragraph 1, the City shall not use,
or allow the use of, the Easement Area for any purpose whatsoever. The City shall exercise
rl 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. The City
shall, at all times, exercise its rights hereunder in a manner so as to prevent bodily harm to
O persons (whomsoever) and damage to property (whatsoever). The City shall 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 E Bement 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; construct or maintain any building or other
structure on the Easement Area, or; plant trees, shrubs or vegetation having deep root patterns
which may cause damage to or interfere with the utilities to be placed within the easement by the
Grantee; or; develop. landscape, or beautify the easement area in anyway which would
unreasonably increase the costs to the Grantee of restoring the easement area and any private
improvemen s therein, or; dig, tunnel or perform other forms of construction activities on the
property which would disturb the compaction or unearth Grantee's facilities on the right-of-way,
or endanger the lateral support facilities, or; blast within fifteen (15) feet of the right-of-way
which would interfere with the exercise of the rights herein granted. The City shall maks
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.
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6. InftmnitN and Insurance. 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, sits, 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, of 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 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 Industrial
Insurance Act, Title 51 of the Revised Code of Washington).
7_ A_ audonment. 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.
(V 8.Notices- Notices requited to be in writing under this Agreement shall be personally
f served or sent by U.S. mail. Any notice given b; mail shall be deemed to have been received
`r when three days have elapsed from the time such notice was deposited in the U.S. mail
addressed ai follows:
C4
To Grantor. Longacres Perk, Inc.
c/o Boeing Commercial Airplanes
P.O. Box 3707 - M/C 211-71
Seattle, WA 99124-2207
Attn: Manager of Planning & Leased Properties
Telephone: 206-544-5985
with a copy to: Office of the General Counsel
The Boeing Company
P.O. Box 3707 - M/C 13-08
Seattle, WA 98124-2207
Telephone: 206-655-2405
To The City: City of Renton
1055 South Grady Way
Renton, WA 98055-3232
Attn: Water Utility
Telephone: 425-430-7216
Either party may change the address to which notices may be given by giving notice as above
provided.
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9. Access. The City shall have the right of reasonable access to the Easement Area over
and across adjacent lands owned by Grantor to enable the City to exercise its rights hereunder,
provided that the 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, Icases, licenses, and
easements, if any, heretofore granted by Grantor affecting the Easement Area. Grantor does
not warrant t1de 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 6&&ips. The rights and obligations of the parties shall inure to the
M benefit of and be binding upon their respective successors and assigns.
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12. Termination: Relocation.
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C 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 property, provided that any such
relocation shall be at Grantors 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 us 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 terminate for any
future breach or defauL.
12.3 Upon termination of this Agreement and if requested by Grantor, the City, 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.
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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 &' , day of i4AXd V 1999.
THE CITY: GRANTOR:
City of Renton L.ongacres Park, Inc.
a Washington Corporation
By: JesseCz Tanner
IMayor I .
ATTEST:
Marilyn P aen, City Clerk
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REMAINDER OF PAGE INTENTIONALLY LEFT' BLANK
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STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
w
11✓
On this // 8 day 1999, before me the undersigned personally
appeared J.J. NELSON to me known be the Vice President of LONGACRES 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 execute the said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above
written.
No is in and for the
State of W ington residing
at
My cod -mission expires na/
N
c-
STATE OF WASHINGTON )
t COUNTY OF KING )
C1
On this day of 1999, before me the undersigned personally appeared
J %GCTaiMatNto me known to be the LMaW of The City of Renton the municipality
that executed the foregoing instrument, anowledged 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 execute the said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above
written.
Notary Public in and for the
State of Washington residing
My commission expires -IL201'41`i
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EXHIBIT A
(legal description of servient estate)
An easement situate in the SE 'A, Section 24, Township 23 N, Range 4 E, W.M.
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EXHIBrr s
(legal description of Easement Area)
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EXHIMrr "B"
LEGAL DESCU ION
An casement for waterline purpow situate in a po tbn of henry A.1&silces Dowd= Land Claim No. 46 and
the Sattbeast 1/4 of Satin 24. Twvarhip 23 Neth, Range 4 East, Willamette Maldino. City of Reatnn,
County of King Skits of WWWngtos, bdng ISM foot wi& strips of land Mina 7.50 fat left ot; and 7.50 fat
right of the following described aatalioa, a wqx as noted:
Comamdog at the southeast corm of des Southwest U4 of the Southeast U4 of Seduce 24, Towwbip 23
North, Range 4 East, Wdkroe0e Meridian from which the southeast cum of said Section 24 boa South
87' 18'37" East, 1343.27 feat Thence North 87.18'57" West, 49.49 fed along the south line of said Southwest
1/4 of the Soulhem 1/4 n the proposed westerly sight -of -way ct Oakesdak Avow SW; Thence North
0' 18'36" Well, 541.49 fen along said proposed WWkflY A&'Gf-WW, Thence Wslisui4 Along said proposed
westedy dgbtc6way along a wagcat ant to the right, aid curve having an am kngth of 371.38 foes, a radius
of 3045.00 fen, a central angle of 4.13'04" and a chord that beam North 1'47'56" Eat, 371.29 fat to the
Point of Beginning;
Thence North 89048' 15" West, 8.48 fed to a point heeinefter referred to as "Pelst A"; Thence continuing
North 89.48'15" West, 37.37 foot to a point hosinafter referred to as "Plot B";; TbonW continuing North
89948'15" Wed, 36.22 flea to a point hesainsftar nknW to as "Foist C"; Thence Continuing North
89048'15" West, 22.10 feel to a point hadoaRa refaced to as "Point B"; Thetco continuing Noah
89048'I5' West, 33.77 feet; Thence South 44'00'38" West, 32.52 fee4 TLW6 North 90000'00" Wast, 135.25
feet to a point hereinafter tefemd to a "Pont Jr; Thence continuing North 90'00'00" West. 151.86 fed to a
point hereinafter refersed to a 7dst F; Thence continuing North 90000TV Wcat, 62.12 feet to a pant
hereinafter idessod to a "Point G"; Thorne North 0'00'00" East, 5.50 fed; Thence North 37941'39" West,
2.78 fees; Thence North 51-20'23" West,14.73 fed; ,l moe North 3'21'02" West, 33.24 feet; Thence North
44'33'00" Earl, 63.01 feat Thence North 0007' 33" West, 136.70 feet to a point haeinsfter rderced to as
'?slat W; Thence North 0'02'51" East, 120.70 fors; Thence North 26'06'30' Fall, 72.05 Ad, Thence
North 5O°32'33" East, $6.39 fad to a poW haduRes refaced to as "!'out r; Thence South 39042'39r End,
13.33 bed; Them Sash 64'34'33' Eon, 10.12 feet W a point hereinafter sdienad to as '?oast 7"; Thence
continuing South 64, 34*53' East, 58.95 beet; Them South $9'57' 16" Eat, 12.84 fed to a paint herdaaf W
rdcnW to a "?suet IC; Thence Continuing South 89957'16" East, 165.78 fed to a pant hereinafter referred
to as "Point L"; Thence conlimtisg South 89057'16" East, 73.18 feet. Thence Soutb 452743" Fad, 52.61
feet; Thence South 87034'09" East, 33.47 to a point hereisa8ri referred to a "Foist M"; Th eace continuing
Soutb 87.34'09" East, 23.99 fed W the proposed w WIedY right-cf-Way dOaWUM Aware and the TOUds"s
of this taeesven
Alm Begiaslsg at "Poist V; Thesoo North 0.1IWV East, 12.30 feet to the Ter Blass ofthis easeaxnt-
Abe Beginning at ?dot B"; Theme North 001145" East, 12.30 beet to the Tsralaes of this ememcut.
Alm Begiadsg at "Peist C"; Thence North 0111'43" Sat, 12.30 fm b the Tendons of this saaemmt.
Also a 32.50 foot wide strip of land lying 25.00 Ad 1dt ot, and 7.30 M right of the Btilowing deacaihed ilut,
Bepaahg at "Pest B';; Thence North 0111'4r East, 46.16 fed to the Tamhaw of this 400001 C
Abe BeShud" at'Pdo L"; Thence South 0000'00" Eaat,12.66 Seer to the Texaiw of this sessuml.
Afro s paaiag at "Pokier I"; Them Sash O'00'00" Ead,12.66 feel in the Tendses of thb ceseme t.
hM4t7
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LEGAL DESCRBMON
andb it
Ala Begirahg at'hW C"; Thence North 90'00'00" West, MAP hat to a point bmbn ter Job- to m
*Wst N"; Them aminuing North WW'W Wa k 97.93 feet to the TOW= dihis easement
Ala a 24.50 toot wide gip of Led lying 17.00 feet fad cC sad 7.50 feat tight of the hollowing described lice;
Beglarbg at "Pahl lr; Thence South 89.46'S0" West, 31.10 feet to the Tesaho dihis easement
Ala Beginning at "Paiat r; 7b as North 39.42'39" West, 92.91 fat; Theca North 18153'51" Wat.
62.68 fool; The= North 1°34'14" Past, 124.05 fat; Thaoc4 North 47%3'21" East, 41.39 foal to the
Tensions of this ensdamt
Ala Begiarhg t "Point J"; Then; Swath 25135'07" Waal, 23.99 fact to the Tendaas of this easement.
Alto Beginning at "Pant 1 ; Them South 0102'"" Weat, 29.60 feet to the Tertaims of this easement_
Also Beglnahg at "Hirt 14 7%=m Sato 0°02'44" West, 31.66 foot W the Teraiaas of this essas►au
Ala Beginning at `Pohl M; Them South 2*25*51" Woo,16.36 teat to the Taalars dihis easemcat.
Alm Beginning at "Point N"; Theca North 0000'00" East, 35,30 felt to the Te 120 of this eaaemmt.
Ala an emcmeat for waterline purposes tiamu in a portion of Seery A. Mender's Donation Led Maim No.
46 sad We Soathean IN of Section 24. Township 23 Naslh, R&W 4 East, WillsoaW Mmidcm, City Of
RoatsM, Canny of King, Salta of WashingIon, bdag 15.00 feat wider Mips of Isod Bing 7.50 fat ffi og sad
7.30 feet right of the fallowing described aatalioe:
Commencing at the anthem a aer of Ore Southwst 1/4 of the Southeast 114 of Section 24, Township 23
North, Range 4 Bat. whiraetic Meridian fees which the mouthema comer of sold Section 24 beam South
670I8'Sr East, 1343.27 fact; Thence North 87°18'57- Wet, 49.49 feet along the south line of mid Southwest
1/4 of tins SaWheat 1/4 to the ptnpowd wc*dy tig6t4m of Wad& Avouc SW; 7beooe North
0'18'36" West, 541.49 feat along said 1n 11, , wou+ly rithtd-aw. The-i at-g oW PWPOW
wetleriy riglaof--way Wong a uogeat curve to the right, mid cans having at as kao of 530.71 feet, a radius
of 5045.00 k4 a salmi angle of 6a01'38" and a chord tint bean North 2"42' 13" But. 530.46 beet; Theses
cootitwiea along add proposed woody dgbtd'-way North 5•43'02" Bat, 3.77 featto the Hid at Besladng.
(shown on the saached map exhibit u Vdat 0');
Theom North 84"16'sr Wet, 6. so fat to the Termiws of this eawnwat.
Ala an amemat for walatim - p - I Whatle in a portion of nary A. h6ewh 's Domaim lard Clsim No.
46 aW the Sowhemt 114 of Seciim 24, Township 23 Noah. Ymp. 4 Beet, Wil4malie Maidisa, City Of
Rulan, County of King, Sete of Waeltinpon, being 15.00 foot wide amps of ImW lying 7.30 fat laR od sod
7.50 foot right of the following dmstbed ceolwUne:
Commencing st the southeast a m of the Southwest 1/4 of the Southaat IN of Soctim 24, Township 23
North, Range 4 Ens4 WWsasto h1widlatt gaa wbk* the satlMol: sons at taW Smtim 24 bars South
87.1g'sr EsK 1343.27 feet; Thane North Irle,Sr West. 49.49 t%m SI MS the math line of the Southwest
1/4 of the Southeast 1/4 to the psopnsed woody ftkd-wa of O*aodde Maims SW;
VM)9CrWl7a10nWORvWl?UejDW ►yi s d7
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LEGAL DESCRIPTION
continued
Theaoe North 0*1S'36" W40, 541.43 feet abet taut proposed aederly rigtad'aaY Theca omtlaaiag along
said proposed weatarly nghW-WZY 41089 a wtgent M" to the light, and ouve having an are hmgth of
530.71 fat, a nAw of 3043.00 feet, a central an& of 6*01'3r and a chord that bears North 2.42'13" East,
5'10.46 Intl; Thence omtlouht along mid propwod wataly rithtafaray North 3.43'02" Saw. 58.33 fed to
the Pert of Heghmb& (shows on the attached map exhibit m Told P');
Theam North 64.16'38" West, 6.30 feat to the Terrains of this easement.
Alp an eaumeot for saalmy tower purposes situate in a pordoo of Aaosy A. Mender's Donatba Land Gain
No. 46 aW the Satheaw 1/4 ofSec0w 24. Towaahip 23 Nortb, Range 4 Saw. WilltmWe Maldian city Q(
Renton, County of Kft Su1e of Washington. being a 13.00 foot wide strip of Wei lying 3.00 fat W CC nod
10.00 feet right of the following described line:
Commencing at the mdhwest away of the SaMheaw 1/4 of the Southeast 1/4 of Section 24, TowuWp 23
North, Rup 4 Eat, Withaowte Meridian from which the attthast mm of aid Section 24 bats South
srir37" But 1343.27 feel; iunw South trit'37" East, 40.63 feet AIMS the south line of mid Southeast
1/4 of the Swdhaw 1/4 to 0u proponed attuly dSU-cf-wry of 09eedde Avow SW; Theom North
0-16'36" Wc@L S".19 teaalong aW propomd c@Kch diN-d-war 7liemg alooa"WPOOPWd
attaty rightof-wry abag a uagat curve to the right, said curve having an an; length of 321.24 fee, a mdiw
of 4933.00 feet, a carol an& of 6°01'3r and a chord that bats North 2°4I' 13" East, 521.00 fed; Theooe
North 5-43'02" Bat4,195.51 foot to tho Para/ of Hegtaalag
Theom Sotnb 89.53'45" East, 7.16 fen to the Tcn'hsrs of this eCfemaaL
Thor Hew of ammsp fir then dwonpum a the Record of SarmV for Hcoadauet htc., moot d is Book 10 of
Suveya at Page 2. R000tdittg No. 77072S"02, Official Records of King Cotlaty.
lenon MI703an7Y0aDW17WIMOq hp 6 d 7
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EXH®rf C
(drawing showing Easement Area)
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