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HomeMy WebLinkAboutA 20131001001644 • Return Address CITY OF RENTON 20131001001 fi44 City Clerk Division CITY OF RENTON EAS 84.00 1055 South Grady Way, Suite 728 PAGE-001F110130 Renton, WA 98057 KING COUNTY, WA Document Title(s)(or transactions contained therein): Utility Installations Easement Agreement Reference Number(s)of Documents assigned or released: (on page_of documents(s)) Grantor(s)(Last name first,then first name and initials): The City of Renton,Washington Additional names on page_of document. Grantee(s)(Last name first,then first name and initials): The Boeing Company ElAdditional names on page_of document. Legal description(abbreviated: i.e. lot, block, plat or section,township, range) To be supplied X Full legal is on page 12-13 of document. Assessor's Property Tax Parcel/Account Number 0723059007 EXCISE TAX NOT REQUIRED Refer to previous • - : iv ,f By / Deputy • EXHIBIT 1 - UTILITY INSTALLATIONS EASEMENT AGREEMENT THIS UTILITY INSTALLATIONS EASEMENT AGREEMENT(this "Utility Easement") is made and entered into as of4/ t, 13 , 20/3, by and between THE CITY OF RENTON, as the owner of the land described in ATTACHMENT A("Grantor"), and THE BOEING COMPANY, a Delaware corporation, as the tenant of the land described in ATTACHMENT B ("Grantee"). RECITALS : A. Grantor is the owner of that certain parcel of land located within the City of Renton (the "City"), lying within the boundaries of the City of Renton Airport (the "Servient Estate") as described in ATTACHMENT A. B. Grantee is the tenant of land owned by the Grantor that requires additional utility services (the "Dominant Estate") as described in ATTACHMENT B. C. Grantee wishes to install on the Servient Estate utility lines, vaults, and other installations (the "Utility Installations")that will benefit the Dominant Estate. Grantee wishes to obtain and Grantor is willing to grant an easement, under, and through the portion of the Servient Estate legally described and depicted on ATTACHMENT C attached hereto and incorporated herein (the "Easement Area") for the Utility Installations. Said easement shall continue for as long as the Grantee leases any portion of Apron B under Lease Agreement LAG 10-001 and amendment thereto. AGREEMENT NOW, THEREFORE, for and in consideration of annual rent payments as established in Amendment No. 3 to LAG 10-001 and other valuable consideration,the receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants, declares, reserves and conveys to Grantee, and its successors and assigns in title to the Dominant Estate, the right to retain the Utility Installations, as defined in Section 1—Purpose (below), and an easement, under, and through the Easement Area so long as the Grantee leases any portion of the Amended Apron B area, subject to and conditioned upon the following terms, conditions and covenants which Grantor and Grantee, respectively, hereby promise to faithfully and fully observe and perform. 1. Purpose Grantee shall have the right to retain the Utility Installations (hereafter defined as and limited to: power, communications and compressed air) in the Easement Area and the PAGE 1 of 13 L_ _ right of access, ingress and egress, over, under, and through the Easement Area for the purposes of repairing, replacing and maintaining the Utility Installations with Grantee gaining prior permission from the Grantor with at least 30 days' prior notice. Grantee understands that the easement area is within the Aircraft Operation Area and therefore, the Grantor reserves the right to place conditions on any of the Grantee's actions needed to repair, replace or maintain the Utility Installations. 2. Compliance with Laws and Rules Grantee shall at all times exercise its rights herein in accordance with the requirements (as from time to time amended) of any public authority having jurisdiction and all applicable statutes, orders, rules and regulations. 3. Grantee's Use and Activities Grantee shall exercise its rights under this Easement Agreement so as to avoid to the extent practical material interference with Grantor's, or other Tenants' use of the Easement Area. 4. Grantor's Use of the Easement Area Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted; provided,that Grantor shall not erect, construct or maintain any structures or building improvements or landscaping in the Easement Area. 5. Grantor's Covenants and Warranties Grantor covenants with Grantee that it shall not disturb or sever the Utility Installations, or tap into the Utility Installations, or disrupt the Utility Installations service to .Grantee or relocate the Utility Installations. Grantor warrants that it is the owner of legal title in fee simple to the Easement Area and that for as long as Grantee performs its obligations under this Easement Agreement, Grantee shall have the quiet use, possession, and enjoyment of the Easement Area and its rights hereunder. 6. Indemnity Grantee shall hold Grantor, its directors, officers, elected officials, employees, invitees, contractors, and agents harmless from and against any and all claims or liability for bodily injury to or death of any person or loss of or damage to any property or business interest arising out of the Grantee's use of the Easement Area or from any activity, work or thing done, permitted or suffered by the Grantee, its employees, agents, contractors or invitees in or about the Easement Area, except claims and liabilities to the extent caused by PAGE 2 of 13 any negligence or willful misconduct on the part of the Grantor, its agents, elected officials, employees, contractors or invitees. 7. Termination of Easement The rights herein granted shall continue until such time as (1) Grantee gives ninety (90) day's prior written notice to Grantor of Grantee's intention to terminate the easement described in this Easement Agreement. Upon the termination of the easement granted herein at Grantors option, Grantor shall have the right to accept the Utility Installations in their "AS IS" condition. Alternatively, Grantor may, at its option, require Grantee to remove any and all improvements and structures installed by Grantee from the Utility Easement shown in Attachment C, and repair any damage caused thereby at Grantees expense with the exception that Grantee will not be obligated to remove any improvements and structures installed by Grantee from the area under the runway. Grantee shall not be required to perform any cleanup or remediation of any contamination of the soil or groundwater in, on or under the Easement Area except for contamination released by Grantee on the Easement Area during the term of this Easement Agreement. Grantee shall execute a release of the easement and record such release. 8. Notices Notices required to be in writing under this Easement Agreement shall be personally served or sent by U.S. mail or sent by nationally recognized overnight courier with all charges for next business day delivery prepaid. Any notice given by hand or by courier shall be deemed given when delivered and any notice sent 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, postage prepaid, and addressed as follows: To Grantor: City of Renton Attn: Airport Manager Airport Administration Office 616 West Perimeter Road, Unit A Renton, WA 98057 To Grantee: Boeing Planning & Real Estate 10-80 Building; M/C 6X5-13 635 Park Ave N Renton, WA 98055 Attn: Director 425-373-2109 PAGE 3 of 13 • • With a copy to: Boeing Law Department Attn: Real Estate Counsel M/C 11-XT 7755 E. Marginal Way South Seattle, WA 98108 Either party may change the address to which notices may be given by giving notice as above provided. 9. Title The rights granted herein are subject to permits, leases, licenses and easements, if any, heretofore granted by Grantor affecting the Easement Area. 10. Covenants Running with the Land/Successors and Assigns The Easement granted herein, only for the duration identified herein, shall be a covenant running with the land, and shall burden and benefit Grantor, Grantee and their respective successors and assigns in interest of the Servient Estate and the Dominant Estate, respectively. 11. No Termination of Prior Liability No termination of this Easement Agreement shall release Grantee from any liability or obligation with respect to any matter occurring prior to such termination. 12. 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 of 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. 13. No Merger of Estates The easement granted herein shall not extinguish or terminate by operation of the doctrine of merger or otherwise due to the existing or future common ownership of the real property described herein. PAGE 4 of 13 14.. Complete Agreement This Easement Agreement 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 Agreement 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 Agreement includes ATTACHMENTS A, B and C, which by this reference are incorporated into this Easement Agreement. 15. Choice of Law This Easement Agreement shall be governed by the law of the State of Washington, exclusive of its choice of law rules. /// /// /// PAGE 5 of 13 IN WITNESS WHEREOF, the parties have executed this Easement Agreement as of the date first above written. Grantor: THE CITY OF RENTON, WASHINGTON "fit7By Its: Authorized Signatory— Denis Law, Mayor Grantee: THE BOEING COMPANY, a Delaware corporation, in its capacity as the owner of the land described in ATTACHMENT B By ,/ 1 /1 Its: Authorized Signatory On this 23 day of ,,��+� , 20813 before me,the undersigned, the City Clerk of the City of Rent n, personally appeared ex°,2u/ ,to me known to be the person who signed as .I7art5)-' of THE CITY OF RENTON,the municipality that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipality for the uses and purposes therein mentioned,that „/L.. was authorized to execute said instrument and that the seal affixed is the municipal seal of the City of Renton, King County, Washington. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. ,l ll U 1 11,,,, • OF REQ G�"t.• ATTEST: %d /.CJGzGtr� .1.;. Bonnie Walton, City Clerk SEAL « ', Date: 9•-gs_a d�. STATE OF SAtiV" lJ I PAGE 6 of 13 - • • WASHINGTON ss. COUNTY OF ) On this 1Lea'day of tgi.o-, 20 R, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Te.Vzvl '. SQ_h, tri c ,to me known to be the person who signed as At brI7 .. t 'fit .of THE BOEING COMPANY,the corporation that executed the within and foregoing instrument, and acknowledged 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 In L was duly elected, qualified and acting as said officer of the corporation,that h A. was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereunto setmyhand and official seal the day and year first above written. t Notary Public � � � � �At , State of Washington. : I (Signature of Notary) ARLENE C RICE My.Appointment Expires Aug 15,2016. (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at Pt)-j-c`nA . My appointment expires: GU_i_r is „lc 1 1 sf I , PAGE 7of13 ATTACHMENT A Legal Description of Servient Estate RENTON MUNICIPAL AIRPORT LEGAL DESCRIPTION Portions of sections seven(7)and eighteen(18)township twenty-three(23)north,range five(5)east,W.M., and certain shorelands,more particularly described as follows: Beginning at a point on the inner harbor line of Lake Washington as shown upon sheet No.26 of the plat of Lake Washington Shore Lands Survey 1921,as said plat was filed with the auditor of King County, Washington, Sept. 19, 1921,under auditor's file No. 1552504,which point bears north 350 00'west 92.62 feet from the angle point in said inner harbor line designated"862"on said plat,and running thence south 350 00' 00"east,along said inner harbor line,92.62 feet to said angle point;thence east,along said inner harbor line, 403.70 feet;thence south 130 53'28"east 924.67 feet;thence south 760 06'32"west 50.00 feet;thence south 130 53'28"east 318.15 feet;thence south 140 08'28"east 3239.00 feet;thence south 150 12'50"east 99.52 feet;thence south 180 16'25"east 100.01 feet;thence south 210 39'45"east 100.45 feet;thence south 240 31' 35"east 104.68 feet;thence south 280 13'20"east 100.79 feet;thence south 310 11'40"east 100.27 feet;thence south 340 18'30" east 100.02 feet;thence south 37014'05"east 100.05 feet;thence south 400 03' 10"east 100.33 feet;thence south 420 53'30"east 100.87 feet;thence south 450 39'20"east 101.62 feet to a point on a line which is a production northerly of the east line of lot twenty-three(23),block four(4),Renton Real Estate Co's 1st addition to Renton;thence south 00 31'47"west,along said produced line and the east line of lots twenty-three(23)and eighteen(18),block four(4)of said plat,254.62 feet to the intersection of the north line of Dixie Avenue as now located and established with the east line of lot eighteen(18),block four(4)of the said addition;thence along the north line of said Dixie Avenue,north 880 34'43"west 1486.84 feet to the west line of Lake Street;thence north 00 31'47" east,along said west line, 10.00 feet;thence north 880 34'43"west, along the north line of said Dixie Avenue,225.49 feet to an angle point in said line;thence north 710 29' 12" west,along said north line, 152.58 feet,more or less,to the easterly right-of-way line of Primary State Highway No. 5 as now fixed and established;thence northerly along said right-of-way line,following the tangent and curving courses thereof,to an intersection with a line which is 5 feet south of and parallel to the line between lots seven(7)and eight(8),block eighteen(18),of the plat of Bryn Mawr,King County, Wash.,produced easterly,according to plat thereof recorded in volume 5 of plats,page 58,records of said county;thence south 880 27'28" east,along said parallel line, 89.23 feet to a point which js 540.00 feet west,measured along said parallel line,from the west line of Black River Waterway as shown upon sheet No. 5 prepared by Udo Hesse, Court Commissioner,and filed in King County Superior Court Case No. 156371;thence north 50 16'51"east 438.90 feet to an intersection with a line which is 2 feet south of and parallel to the line between lots one(1)and two(2),block seventeen(17),of said plat of Bryn Mawr,produced easterly,said point of intersection being 520.00 feet west,measured along said parallel line,of the west line of said waterway;thence north 400 09'47" east 188.55 feet;thence north 60.00 feet;thence north 290 00'40"west 197.07 feet to a point on a line which is 300 feet north,measured at right angles thereto,of and parallel to the north line of Bowling Street(formerly Emerson Avenue)produced easterly;thence south 880 27'28"east,along said parallel line,355.00 feet to the place of beginning,containing 161.83 acres,more or less; PAGE 8 of 13 , . • • . , , . i a A ; 5 i i , I I tZfl 1f1;..----.- 1 . 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" _... ,: L I • ••• Ai \ \ 74 I I t 0 I . \ 14 i .. \ 1 k •V,C.I.; .0, Z 1 I.P.,305 • -A. ...- 15-!, -88. t.:/'.•\%1V 8;‘); , --.......,- 1 r;OC APRON A \ owl il I I CO 2 \ \ i \ \ 1 1 AL....D.E5fDRIPTioN .10 1 t, A UTILITY CORRIDOR EASEMENT OVER, UNDER, ALONG, ACROSS AND THROUGH THE FOLLOWING . *6 C• 1..\ek DESCRIBED REAL PROPERTY LYING WITHIN A PORTION OF THE NORTH HALF or sconow IC An ' S S THE SCUTH HALF OF SECTION 7, TMSHre 2. o Tt. NORTH, RANGE 05 EAST, W.M. IN ICING COUNTY, ON THE FEENTON WLIN1ORAL AIRPC3T, SAID UTILITY • 1 EASEMENT BEING A STRIP OF LAND ID FEET IN ; tp, 'A WIDTH, LYING 5 FEET ON EACH SIDE OF THE FOLLOWND DESCRIBED CENTEPLINE' '44588 .. 7 13 24. ,,si — ; ,a 3, commttica40 AT THE NORTH CuARTER CORNER or i . ;A 1.4' 01 i. SAID SCC1)ON 18„ WHICH GEARS S6511`14T, o 24133.3R FEET FRO.4 THE NORTHWEST QUARTER OF 'RON I 1 z SAID SECTION 18; THENCE $01.2445W ALONG NE e• Bi NOR/ft/SOUTH CENTERuNE or SAID ON 18 A 74 91 65 OF \ DISTANCE Of 246.89 FEET; THENCE 55515'15TE A DISTANCE OF 81.65 FEET TO A UNE 257.00 FEET ssss5'157. WEST AND PARALLEL MTh THE CENTERUNE OF <;. TA1IWAY 'A'; THENCE504'49"3"E ALONG SAT) \.):• PARALLEL LINE A DISTANCE Cr 444.7s FEET TO g.,..:10) , THE SOUTHWEST CORNTR Or THE APP04 9 LEASE (---) AREA; THENCE N8,510.1rE A DISTANCE CF 159.00 1.4 • 9-1 ,:,- • 1 FEET 10 A LINE 88.00 FEET WEST OF SAID z N CENTERUNE OF TAXIWAY 'A' AND THE SOUTHEAST't.> P.0 9 -, - I1' CORNER OF THE APRON 8 LEASE AREA; THENCE ..c, NO4'49.43.W ALONG SAID UNE A DISTANCE or ts 6 to ::,43 FEET TO THE TRUE POINT OF BEGINNING; N85'10`17 e THENCE FROM SAID TRUE POINT CF EECNNINC, \ 7 0 58$'42'47°C A DISTANCE OF I55.99 FEET; THENCE 1 .. Fn– N47'50'54-E A DISTANCE OF 85.95 FEET; THENCE N04*.V2OTW A DISTANCE OF 1423.75 FEET; THENCE z • zi ,... ;4, .L..• P457-35'45*E A DISTANCE OF 51039 FEET; THENCE .1- tip . 4. . 144E20'43°E A DISTANCE OF 178.52 FEET, THENCE , ..• : . N86'5730.E A DISTANCE OF 59.15 FEET TO A 1 POINT ON THE WESTERLY BC(ADARY OF APRON A. SAID POINT BEING SO4•49.401 A oisr4NEE OF -- --- 441.34 FEET FROM THE NORITIY&ST COR'.ER OF ' t THE APRON A LEASE AREA AND WE 17;.P1:"..ATION I 'Ow,Lae I OF THIS cENTERutiE AND EASEMENT. 1 , CONTAINING 2Z147.74 SQ FT. (0 51 ACEIF5 . — — ,u‹VIAAICE• I ;:EP14.2.4 WO TO=Or7 Attachment C i 7,6145 ....... WA Wmili a 1 OF 1 i Ut g ility Easement t—citit--- i I „caw =23 unsmrt PAGE 12 of 13 , 1