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HomeMy WebLinkAboutSP-Exceptions 086_20090507000879Documents provided by DataTree LLC via it's proprietary imaging and delivery system. Copyright 2003, All rights reserved. Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98057 090507000879 KING COUNTY, WA EXCISE TAX NOT REQUIRED King Do. Raaords Dlvisl By Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCw 65.04) Document Title(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) 1. 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 legal is on page of document. Assessor's Property Tax Parcel Account Number T11 Assessor Tax # not yet assigned 2423049048 The Auditor/Recorder will rely on the information provided on the form The staff will not read the documgnt to verify the accuracy or completeness of the indexing information provided herein. 9z2nq-0D3 I am requesting an emergency nonstandard recording for an additional fee as provided in RC W 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. Uuv 6k�:Vla4/ 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. Puroose. 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 Indemnity. 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. Indemnity 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, judgments, 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: To Grantee: The Boeing Company Site Services Attn : RSB Planning Manager Box 3707 MC 9U-LW Seattle WA 98124-2207 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. Rfe airs. 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 Assiens. 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. Attorneys' 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 parry's costs incurred in such legal action (including the costs of appeal), including the reasonable fees and disbursement of the prevailing parry'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 merger 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 PRIL I4, 2601 Grantee: The City of Renton Grantor: Lon acres Park. Inc. D %�rf UU�i ligf By s b�� ��1/h L�. l N ., 006 Documents provided by DataTree LLC via it's proprietary imaging and delivery system. Copyright 2003, All rights reserved. ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTYOF ,ING ,,,///��� ��_) On this �{ •day off, 20429_ before me personally appeared • ,.��4\\\111111 Y1 ,r� C to me known to 7 r4°° � be a f ch �. �.... c,... of the corporation that executed the within instrument, and a wledg a said instrument to be the free �'L 'P°G, P ' p U and voluntary act and deed of said corporation, for the uses and purposes therein • rn� mentioned, and each on oath stated that he/shewas authorized to execute said _= instrument/and that the seal affi/xxeftiii the corporate seal of said corporation. °4rriT4�,9, �ha.:`e�i9 d rhgltop,w, r,s�;,,�• Notary Public in and1for State of Washingt n Notary(Print) (c t7vr My appointment expires: O n...oA. LLr[L _')_ . , ACKNOWLEDGMENT REPRESE.NT4 TTi"£ FORM OF ACKNOIV'LEDGM Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) 1 certify that I know or have satisfactory evidence 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 party/parties 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 DAY - 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 05-23-22 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 A fifteen (15) feet wide utility easement described as follows: The East 15 feet of North 50 feet of the following described property: Parcel i of Boeing Survey Volume 85,pages 27-27 A, recorded in King County, Washington, Recording #9201169002 described as follows: Portion of SW 114 OF NE 1/4 & NW 1/4 OF SE 114 Section 24, Township 23N, Range 4E, W.M., King County, Washington, described as follows: Commencing at the intersection of the north margin of SW 16's Street (formerly known as S 153rd St.) with the west boundary of C.D. Hillman's Earlington Gardens Addition to Seattle, Division 1; Thence westerly along said north margin 350 feet to the True Point of Beginning; Thence continuing westerly along said north margin S 89-37-57 W a distance of 257 feet; Thence leaving the northerly margin at right angle, N W22-03 W a distance of 214.06 feet to the southerly right-of-way line of SR-405; Thence along said southerly line from a tangent bearing N 78-13-53 E along the arc of a curve to the right having a radius of 2765 feet and a central angle of 05-23-22, an are length of 260.09 feet Thence leaving said southerly right-of-way line, S 00-22-03 E a distance of 253.41 feet to the True Point of Beginning. (commonly known at King County Tax Parce12423049048) Documents provided by DataTree LLC via it's proprietary imaging and delivery system. Copyright 2003, All rights reserved. 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