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� ' AGREEMENT AND EASEMENT FOR SANITARX SEWER , pRuZy
THIS AGREEMENT made this �� day of 0����.c , 1987,
between PUGET WESTERN, INC. , a Washington corporation Puget
Western" herein) , and CITY OF RENTON, a municipal corporation
( "Grantee" herein) ;
WHEREAS, Puget Western is the owner of a parcel of land
known as Renton Hillside (Tax Lot 78) (said parcel being hereafter
referred to as "Puget Western' s Property" ) ;
�
C7 WHEREAS, Grantee desires an easement for sanitary sewer and
t!' appurtenances over, across, along, in, upon, and under Puget
� Western' s Property at a location more specifically described
' � herein below;
� NOW THEREFORE, in consideration of Ten & NO/100 Dollars
�
($10.00) and other good and valuable consideration in hand aid
� . . P
� receipt of which is hereby acknowledged,_ and in consideration of
the performance by Grantee of the covenants, terms and conditions
hereinafter set forth Pu et Western hereb c nv
, g y o eys and quitclaims
to Grantee the following easement:
, A. A nonexclusive perpetual easement over, across, along,
in, upon and under that portion of Puget Western's Property
described in the attached Exhibit "A" for the purposes of
installing, operating, maintaining, removing, repairing, replacing
and using an eight (8) inch sanitary sewer pipe and appurtenances
together with the right of access for the foregoing purpose
(herein the "Improvements" ) .
The terms "Easement" and "Easement Area" in this instrument
refer to the easement herein granted on Puget Western' s Property
and as described on the attached Exhibits "A" .
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. Compliance with Laws and Rules . The Grantee shall, at
its expense, construct, maintain and use the Improvements in
accordance with the requirements of Puget Western, and any
statute, order, rule or regulation of any public authority having
jurisdiction.
2. Use of the Property by Puget Western. Grantee' s rights
herein shall at all times be subordinate to the rights of Puget
Western. Puget Western shall not be liable to Grantee or to
Grantee' s employees, agents, or to any other party benefiting from
said Improvements, for loss or injury resulting from any damage or
destruction of the Improvements directly or indirectly caused by
Puget Western' s existing or future use of Puget Western' s
� Property.
3. Required Prior Notice and Approval of Plans and
Sepcifications . Prfor to any installation, alteration,
replacement or removal of the Improvements or any other major
activity by Grantee on Puget Western' s Property, Grantee shall
give Puget Western written notice thereof together with
preliminary plans and specifications for the same prior to the
scheduled commencement of such activity. Puget Western shall have
the right to require that such plans and specifications be
modified, revised or otherwise changed to the extent that the
final plans and specifications therefor shall include provisions
for the prevention of hazardous conditions. No such activity
shall be commenced without Puget Western' s prior written approval
of the plans and specifications therefor and all changes or
amendments thereto, which approval shall not be unreasonably
withheld. Notwithstanding the foregoing, in the event of any
emergency requiring immediate action by Grantee for protection of ' I
the Improvements, persons or property, Grantee may take such ;
action upon such notice to Puget Western as is reasonable under
the circumstances. \ �t�a�s
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25-DC-3281 10058'��
: ,� , ' , � � : .
. � Nothing herein shall be deemed to impose any duty or
obligation on Puget Western to determine the adequacy or
sufficiency of the Grantee' s plans and specifications, or to
ascertain whether Grantee' s construction is in conformance with
the plans and specifications approved by Puget Western.
' 4. Grantee' s Use and Activities. Grantee shall exercise
i its ri hts under this A reement so as to minimize and avoid
9 9 ,
insofar as possible, interference with the use by Puget Western of
its Property and shall at all times conduct its activities on the
Easement Area so as not to interfere with, obstruct or endanger
Puget Western' s operations or facilities . Grantee shall install
and maintain the Improvements and conduct any other of its -
activities on the Easement Area in such a manner to prevent
hazardous conditions.
� 5. Coordination of Activities. Grantee shall give at least
30 days advance written notice of the proposed dates of its
0 construction, repair and maintenance activities on Puget Western' s
� Property. Grantee shall cooperate in the revision of such dates
� and/or the coordination of its activities with those of Puget
� Western' s if .deemed necessary by Puget Western to minimize
� conflicts, insure protection to each parties facilities or prevent
� hazardous conditions . Provided, however, that in the event of an
� emergency requiring immediate action by Grantee for the protection
of its Improvements or other persons or property, Grantee may take
such action upon such notice to Puget Western as is reasonable
under the circumstances .
6. Work Standards. All work to be performed by Grantee on
the Easement Area shall be in accordance with the plans and
specifications submitted to and approved by Puget Western and
shall be completed in a careful and workmanlike manner to Puget
Western' s satisfaction, free of claims or liens; however, nothing
herein shall be deemed to impose a duty or obligation on Puget
Western with respect to the sufficiency thereof. Without
limitation to the foregoing, Grantee shall exercise the utmost
caution when conducting its activities in the vicinity of any
energized power lines in order to prevent any contact therewith.
Upon completion of such work Grantee shall remove all debris and
restore the ground surface as nearly as possible to the condition
in which it was at the commencement of such work, and shall
replace any property corner monuments which were disturbed or
destroyed during construction. Grantee shall also pay to Puget
Western all of Puget Western' s costs necessary to re-establish
destroyed survey references and hubs established by Puget Western
in conjunction with any survey for new facilities on Puget
Western' s Property.
7 . Changes and Repairs to Puget Western' s Facilities.
Grantee shall promptly pay to Puget Western the cost of any
relocation, alteration, restoration and other changes or repairs
to Puget Western' s facilities which Puget Western shall reasonably
deem necessary by reason of the construction, use and maintenance
of the Improvements or other activities of Grantee on Puget
Western' s Property. For the purpose of this paragraph, "cost"
shall be defined as all direct or assignable costs of materials,
labor and services including overhead, in accordance with charges
for transportation of inen, material, and equipment, storage
expense of material and rental of equipment .
8. Termination for Breach. 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 Puget Western' s giving Grantee written notice
thereof, or within such other period of time as may be reasonable
in the circumstances, Puget Western may terminate Grantee' s rights
under this Agreement in addition to and not in limitation of any
other remedy of Puget Western at law or in equity, and the failure
of Puget Western to exercise such right at any time shall not
waive Puget Western' s right to terminate for any future breach or .
default .
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_ � 25—DC-3281 1005R7
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' , 9. Termination for Cessation of Use. In the event Grantee 'I
ceases to use the Improvements or a period of five (5) successive
years, this Agreement and all Grantee' s rights hereunder shall
terminate and revert to Puget Western.
10. Release of Improvements on Termination. No termination
of this Agreement shall release Grantee from any liability or '
obligation with respect to any matter occurring prior to such �
' termination, nor shall such termination release Grantee from its
obligation and liability to remove the Improvements from Puget
Western' s Property and restore the ground.
11. Removal of Improvements on Termination. Upon any -
termination of this Agreement, Grantee shall promptly remove from
the Easement Area its Improvements and restore the ground to the
condition now existing or, in the alternative, take such other
mutually agreeable measures to minimize the impact of the
� Improvements on Puget Western' s Property. Such work, removal and
� restoration shall be done at the sole cost and expense of Grantee
and in a manner satisfactor to Pu et Western. In case
� y g of failure
Q of Grantee to so remove its Improvements, restore the ground or
nj take such other mutually agreed upon measures, Puget Western may,
O after reasonable notice to Grantee, remove Grantee' s Improvements,
' � restore the ground or take such measures at the expense of
� Grantee, and Puget Western shall not be liable therefor.
� 12. Third Party Rights. Puget Western reserves all rights .
with respect to its property including, without limitation, the
right to grant easements, licenses and permits to others subject
- to the rights granted in this Agreement .
13. Release and Indemnity. Grantee does hereby release,
indemnify and promise to defend and save harmless Puget Western
from and against any and all liability, loss, cost , damage,
expense, actions and claims, including costs and reasonable
attorney' s fees incurred by Puget Western in defense thereof,
asserted or arising directly or indirectly on account of or out of
(1) acts or omissions of Grantee and Grantee' s servants, agents,
employees, and contractors in the exercise of the rights granted
Yierein, or (2) acts and omissions of Puget Western in its use of
Puget Western' s Property which affect Grantee' s employees, agents,
contractors, and other parties benefiting from said Improvements;
provided, however, this paragraph does not purport to indemnify
� Puget Western against liability for damages arising out of bodily
injury to persons or damage to property caused by or resulting
from the sole negligence of Puget Western or Puget Western' s
agents or employees.
14. Insurance. Prior to Grantee' s construction activities
or other substantial activities on Puget Western' s Property under
the rights provided herein, Grantee shall submit to Puget Western
evidence that Grantee or Grantee's contractors has obtained
comprehensive general liability coverage ( including broad form
contractual liability coverage) satisfactory to Puget Western with
limits no less than the following:
Bodily Injury Liability, including $1,000,000
automobile bodily injury liability each occurrence
Property Damage Liability, including $1,000,000
automobile property damage liability each occurrence
Said coverage shall be maintained by Grantee or Grantee' s
contractors during the period when such activities take place;
provided, Grantee may self=insure for bodily injury and property
damage in such amounts as are consistent with good practice.
15. Title. The rights granted herein are subject to
permits, leases, licenses and easements, if any, heretofore
granted by Puget Western affecting the property subject to this
Agreement . Puget Western does not warrant title to its property _
and shall not be liable for defects thereto or failure thereof .
� itia,�
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_ � 25-nc-32f�> > �n5R7 _, i
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- . � 16. Notices. Unless otherwise provided herein, notices
required to b n writing under this Agreement shall be given as �
follows:
If to Puget Western: Puget Western, Inc.
One Bellevue Center, Suite 1100
411 108th Ave. N.E.
Bellevue, WA 98004 ,
If to Grantee: City of Renton
200 Mill Avenue South
Renton, WA 98055
' Notices shall be deemed effective, if mailed, upon the second
day following deposit thereof in the United States Mail, postage
prepaid, certified or registered mail, return receipt requested,
or upon delivery thereof if otherwise iven. Either art ma
9
P Y Y
� change the address to which notices may be given by giving notice
C'� as above provided.
�?'
� 17. Assignment . No assignment of the privileges and
0 benefits accruing to Grantee herein, and no assignment of the
� obligations or liabilities of Grantee herein, whether by operation
�,,,� of law or otherwise, shall be valid without the prior written
� consent of Puget Western.
�
18. Successors . The rights and obligations of the parties .
shall inure to the benefit of and be binding upon their respective
successors and assigns.
20. Liability. In the event of any assignment of the rights
hereunder, the liability of Grantee and its assignees shall be
joint and several .
EXECUTED as of the date hereinabove set forth.
ACCEPTED:
CITY OF RENTON PUGET WESTERN, INC.
By: � 0 By:
�✓��� ��s Presi en
Its: ,�,
�
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25-nc-32u7 inn�a7
' ' � ' .
- . A�REEMENT AND EASEMENT FOR SANITARY SEWER '
. PUGET WESTERN, INC. TO CITY OF RENTON
STATE OF WASHINGTON ) �
) SS.
COUNTY OF KING )
On this �'�"` day of Q�,�-��e� , 1987, before me, the
undersigned, personally appeared W. E. WATSON to me known to be
the President of PUGET WESTERN, INC. , the corporation that
executed the foregoing instrument, and acknowleged 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 is authorized to execute the said instrument.
�
� WITNESS my hand and official seal hereto affixed the day and
Oyear above written.
� 4
� . � 15-
� Notary Public in and for the Sta e of
Washington, residing at Lyr.��,,���
My commission expires g-�-4��.
�
V- .
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__ 25-DC-3281 100587
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� . ,. ....�.
�� ° � AGRE�MENT AN� EASEMENT FOR SANITARY SEWER
PUGET WESTERN, INC. TO CITY tJF RENTQN
_ EXHIBIT "A"
I �
� i
�
A strip of land fifteen (i5) feet in widtt� lying seven and ane-half
(7.5) feet on each side of the following described centerline, said strip
being sit�ated in Section 16, Townsh�p 23 Narth, Range 5 East, W.M., King
�� �,,, County, Washington, more particularly described as fallows:
� � Commencing at the Southwest �Corner of said Section 16; �
'a±
C Thence South 89'00'24" East along the South line of said Section ib,
�� �
�p a distance af 1035.47 feet ta the True Point of Beginning,
� � Thence North 12'56'50" West a distance of 39.15 feet to a point on a
� � nor�-tangent curve, sa�d paint hereinafter known as "Paint A", said curve
being cancave to the Southeast with a radius of 200.00 feet and a center
which bears North 83'14'01" East; �
� Thence Northerty a�ong tt�e arc of said curve a distance of 114.8fi
, feet;
Thence North 26'p8"26"' East a distance of 244,56 feet to a point on a
non-tangent curve, said curve being concave to the Northwest with a radius
of 603.46 feet and a center that bears North 12`05'44" West;
Thence Northeasterly along said curve an arc length distance of
208.53 feet; �
Thence North 58`p2'24"' East to the Sautherly line of Burlington
' Narthern Railraad (Pacific Coast Railraad� Right-of-�Jay a distance of 81
�I feet mare or less to the terminus of this centerline description;
fihe side lines of said strip are to be shortened or extended to begin
at the Easter]y ljne of the Puget Sound �Power b l.ight easement and to
terminaLe at the Southerly iine of 8urlington Northern Raiiroad (Pacific
Coast Railroad}. �
� TOGETHER 41ITH
A strip af land fifteen (15} fe�t in width iying seven and one-half j
� (7.5) feet on each side of the following described centerline, said strip
being situated in Sectian 16, Tawnship 23 North, Range 5 .East, W.M., King
County, Washington, more particularly described as follows: I
Beginning at the aforementioned "'Point A"; I
Thence South 69'i8'1�" £ast a distance of 122.7 feet more ar iess, ta
a point an the South line of said Section 16 and the termi�us af this I
centerline descriptiqn. i
The side lines of said strip are to be shartened or extended to begin
at the aforementioned "Paint A" and to terminate at the South line of said
Section 16,
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� „ � o PUBLIC WORKS DEPARTMENT
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DESIGN/UTILITY ENGINEERING � 235-2631
� � � MUNICIPAL BUILDING 200 MILL AVE.SO. RENTON,WASH.98055
9,0 �•
. O9�TF0 SEPT��O�P
BARBARA Y. SHINPOCH
MAYOR
MEM4RANDUM
DATE: October 27, 1987
T0: Maxine Motor, City Clerk
FROM: Don Monaghan, Design Engineering
SUBJECT: ._ AGREEMENT AND EASEMENT FOR SANITARY SEWER
Puget Westerh (Renton H�llside Tax Lot #78)
e �
�
.�•
Would you please'record the attached. Agreement and Easement for Sanitary
Sewer for Puget Western. The recording fee should be charged to the
following account:
000/000/15.532.20.49.14
�°'J`��---_
1E.4.24.DGM:mf � �,
Attachment
,
CIT� �3�' P���TAN.
"OCT. 2 �, �t�
� �ITY CIEPK'S OFFICE
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