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' - AGREEMENT AND EASEMENT FOR S I DEWALKS, �_��-�Y�: �„
TRAFFIC SIGNAL AND STREET LIGHTS �' - ' `�_ C�;
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� THIS AGREEMENT made this �. �' day of ���Q�B�,� /`;-r,_-;1�, �
between PUGET WESTERN, INC. , a Washington corporation �:Puge'�'"
Western" herein) , and CITY OF RENTON, a municipal corporation
( "Grantee" herein) ;
WHEREAS, Puget Western is the owner of a parcel of land
known as Grady Way East (said parcel being hereafter referred to
as "Puget Western' s Property" ) ; .
WHEREAS, Grantee desires an easement for sidewalks, traffic
signal and street lights an their 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 paid
� receipt of which is hereby acknowledged, and in consideration of
� the performance by Grantee of the covenants, terms and conditions
� hereinafter set forth, Puget Western hereby grants, conveys 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 Exhibits "4A" and "4B" for the purposes
�3 of operating, maintaining, removing, repairing, replacing and
using a sidewalk as described in the attached Exhibit "4A" and
traffic signal and street lights as described in the attached
Exhibit "4B" (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 "4A" and "4B" .
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
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 Puqet Western. Grantee' s rights 'I
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. Prior 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 .�i �"� �-�
for the prevention of hazardous conditions. No such activity � � `•�:E �
shall be commenced without Puget Western' s prior written approval r' •,i �:�;
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 �
the Improvements, persons or property, Grantee may take such _.
action upon such notice to Puget Western as is reasonable under �� .
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- 12-DC-3255 092987
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, - � 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
its rights un er this Agreement so as to minimi2e and avoid,
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 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
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
i � 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
8 the Easement Area shall be in accordance with the plans and
rd 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 tY►e 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
I 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
I 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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�, _ � 9. Termination for Cessation of Use. In the event Grantee
ceases to use the Improvements for 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
I 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 satisfactory to Puget Western. In case of failure
of Grantee to so remove its Improvements, restore the ground or
take such other mutually agreed upon measures, Puget Western may,
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
C7 with respect to its property including, without limitation, the
'r"� 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 -
herein, 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
I 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 .
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12-DC-3255 0929R7
, • • 16. Notices . Unless otherwise provided herein, notices
required to be ni 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 given. Either party may
change the address to which notices may be given by giving notice
as above provided.
17. Assi�nment . No assignment of the privileges and
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: � By: ���=.��,- /'- / .�ivi�-.-
n �/ic.e President _ ��£��
I t s : i�;�,�,�Q� �r.c.c.�a �/�-
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_ i �_n�_��5� nA�AR� I
' � AGREEMENT AND EASEMENT FOR SIDWALKS,
" TRAFFIC SIGNAL AND STREET LIGHTS
PUGET WESTERN, INC. TO CITY OF RENTON
STATE OF WASHINGTON ) I
) SS.
COUNTY OF KING )
On this Zi✓o day of Oe�08 r� , 1987, before me, the
undersigned, personally appeared ��L�.� �► • ���-n-�� to me
known to be the Y��ek. -/°rt�.����F� 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
year above written.
� � ����
� Notary Public,y�r--and for the St-ate af ,
� Washington, residing at F,:���no�v��
�
�j My commission expires � /-s'-90 -
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� 12-DC-3255 092987 �
' , AGREEMENT AND EASEMENT F�R SIDEWALKS, �
� � TRAFFIC SIGNAL AND STREE2 LIGHTS �
PUGET WESTERN, INC. TO CITY OF RENT4N
� EXHIBIT 4 A
�i That portion af the Northeast quarter of Section I9, Tawnship 23
North, Range 5 East, W.M. , described as follows :
Cammencing at the Southwest corner of the Northeast quarter of �
said Northeast quarter; thence North O1°Q4'08" East alon� the West
line thereof, a distance of 244.66 feet; thence South 88 55 ' S2"
East, a distance of 402.38 feet ta a point on the Westerly line of
land described in Quit Claim Deed in ExY�ibit "A" , recgrded under
King County Recording No. 8208270355; thence North 3p 06 'Ol" East,
a distance of 845 .01 feet to a point an the Northerly margin of
Sauth Grady Way; said point being the TRUE POINT OF BEGINNING;
thence Northeasterly leaving saia Northerly margin along a curve
having a radius of 33. 50 feet and having a radial bearing of South ,
34°25 'S6" East, through a central angle of 88°22 ' 3?" , an arc
distance af 51 .67 feet; thence Narth 32°48' 32" West, a distance of
�" 95 .17 feet to a curve havin�g a radius` of 156, 50 feet and having a
� radial bearing -of 8outh 57 11 ' 28" West, �hence Northerly along
� said curve through a central angle af 10 06 ' 24" , an arc distance
� of 27.61 feet to a paint on the Westerly margin of Talbot Road
� Extensian as described in Tract "A" in Quit Claim Deed to the City
�y of Renton under King County Recarding Na. 7612090049; thence
r� Southerly, Easterly, Southerly and Southwesterly alang said
� Westerly margin and Northerly margin of said Sauth Grady Way to
� the TRUE POINT OF BEGINNING.
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� 1 �_n�^_��s� na�sasz� - --
,� � ' ' � � AGREEMENT AND EASEMENT FOR SIDEWALK, , . '
I , ' � �TRAFFIC SIGNAL AND STREET LIGHTS
„ • PUGET WESTERN, INC. TO CITY OF RENTON
EXHIBIT 4B
That portion of the Northeast quarter of Section 19, Township 23
North, Range 5 East, W.M. , described as follows:
Commencing at the Southwest corner of the Northeast quarter of
said Northeast quarter; thence North 01�04'08" East alon� the West
line thereof, a distance of 244.66 feet; thence South 88 55 ' S2" -
' East, a distance of 402.38 feet to a point on the Westerly line of
land described in Quit Claim Deed in Exhibit "A" , recgrded under
King County Recording No. 8208270355; thence North 30 12 ' 16" East,
a distan�e of 860.80 feet to the TRUE POINT OF BEGINNING; thence
North 23 59 'O1" East, a distance of 4. 20 feet; thence North
23�36 ' 51" West, a distance of 5.52 feet; thence North 11�39 ' 34"
East, a distance of 5.90 feet; thence North 18°25 ' 12" West, a
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distance of 7. 21 feet; thence North 12 02 '03" West, a distance of
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� 6.60 feet; thence North 62 21 45 East, a distance of 5.00 feet to
� a point hereinafter described as Point "A" ; said point lying on a
� curve having a radius of 33. 50 feet and having a radial bearing of
� North 62°21 '45" East, thence �outhwesterly along said curve
� through a central angle of 55 14' 33" , an arc distance of 32. 30
� feet; thence North 62°23 '41" West, a distance of 1.66 feet to the
�
TRUE POINT OF BEGINNING;
� Together with that portion of land described as follows:
Commencing at the aforementioned Point "A" ; said point lying on a
curve ha�ing a radius of 33. 50 feet and having a radial bearing of
North 62 21 '45" East; thence Northwesterly along said curve
through a centr$1 angle of 5°10' 18" , an arc distance of 3.02 feet ;
thence North 32 48 ' 32" West, a distance of 63.80 feet to the TRUE
POINT OF BEGINNING; thence South 57�54' 34" West, a distance of
5. 14 feet; then�e North 32°05 ' 26" West, a distance of 7.70 feet;
thence North 57 54' 34" East, a distance of 5.04 feet; thence South
32°48' 32" East, a distance of 7. 70 feet to the TRUE POINT OF
BEGINNING.
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2-DC-3269 092987
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