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Home My WebLink AboutA 8704091073� � • , , � � � , ; ` ,,��' � , ` AGREEMENT AND EASEMENT FOR WATER PIPELINE THIS AGREEMENT made this f �N day of ` �� , 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 situated in the Southwest quarter of the Northeast quarter of Section 24, Township 23 North, Range 4 East, W.M. , King County, Washington, (said parcel being hereafter referred to as "Puget Western' s Property" ) ; and WHEREAS, Grantee desires an easement for water pipeline purposes across Puget Western' s Property at a location more C°' 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: (�J A. A nonexclusive perpetual easement over, across, along, in, upon and under that portion of Puget Western' s Property - described in Exhibit "A" attached hereto and by this reference ' made a part hereof for the purposes of installing, constructing, operating, maintaining, removing, repairing, replacing and using a twelve (12" ) inch diameter water pipeline and appurtenances thereto (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 Exhibit "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. Cost of Construction and Maintenance. Grantee shall bear and promptly pay all costs and expenses of construction and maintenance of the Improvements. 2. Compliance with Laws and Rules . The Grantee shall 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. 3. 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. 4. 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 nf 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 _�w8r� �� `�r�e"! lF��l� nl�^s�r��'a Qi�';3�?`�'1� #�.;�;�LIe/ � r '��;:�i �,.. R�#�'G� F 1�.�� K g.,a. ecords Divisian = � ; �G��:F-1�:� �+��»:1 . V�''z`� ' p,,G�,'� �. : -1- 11-DC-3261 030387 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 ' the circumstances. 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. 5. Grantee 's Use and Activities . Grantee shall exercise its rights under this Agreement so as to minimize 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 install � the Improvements and conduct any other of its substantial � activities on Puget Western's property as may be communicated to � Grantee by Puget Western for the purpose of preventing hazardous � conditions. C3 +�' 6. 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 i Property. Grantee shall cooperate in the revision of such dates � and/or the coordination of its activities with those of Pu et � 9 Western's if deemed necessary by Puget Western to minimize II conflicts insure rotecti , p on 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. 7. Work Standards . All work to be performed by Grantee on Puget Western's Property shall be in accor.dan,ce 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 impo.se,. 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 surv.ey for new facilities on Puget Western' s Property. 8. 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 assi_gnable 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 . 9. 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 ��titia/s -2- i �-nc—�2�� n�n�u� (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. 10. 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. 11. 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. I � � 12. 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. � 13. Third Party Rights . Puget Western reserves all rights I 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. 14. 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 . 15. 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; \��t;a�s � -3- i � -Dc-� .�� n303R7 , � . • ' ` pravided, Grantee may self-insure for bodily injury and praperty I damage in such amounts as are consistent with goad practice. � 16. Title. The rights granted herein are subject to � permits, leases, licenses and easements, if any, heretofore �i granted by Puget Western affecting the property subject to this � Agr�ement . Puget Western does not warrant title to its property and shall not be liable for defects thereto or failure thereof . I, 17. Notices . Unless otherwise pravided herein, notices ' required ta be in .writing under this Agreement shall be given as '. follows: , If ta Puget Western: Puget Western, Inc. One Bellevue Center, Suite 1100 411 108th Ave. N.E. Bellevue, WA 98004 � If ta Grantee: Gity af Rentan 200 Mill Avenue South � Renton, WA 9$055 � Notices shall be deemed effective� if mailed, upon the second � Q day follawing deposit thereof in the United States Mail, postage � prepaid, certi�ied 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 abave provided. � 18. Assignment. Grantee shall not assign its righ�s hereunder. No assignment af the privileges and benefits accruing to Grantee herein, and no assignment of the obligations or liabilities af Grantee herein, whether by operation af law or otherwise, shall be valid without the priar written consent of , Puget Western. I9. Successors . The rights and obligations of the parties I� shall inure �.a the benefit of and be binding upon their respective successars and assigns. 20. Liability. In the event of any assignment of the rights , hereunder, the liability af Grantee and its assignee� shall be joint and several. EXECUTED as of the date hereinabove set forth. ACCEPTED: CITY OF RENTON PUGET WESTERN, INC. B . 4 By: Y` _ > , j�� o�G� Vice Presldent Its: L I � I -4- i 11-DC-3261 Q3038? L - - -- - -- -- - - -- -- - - —.., , ,' ' . ' , . .,. ., AGREEMENT AND EASEMENT FtJR WATER PIPELINE PUGET WESTERN, INC. Td CITY OF RENTC?N I � STATE OF WASHINGTON ) I ) SS. CQUNTY OF KING } On this ��}�" day of S"�r�.r-�� , 1987, before me, the undersigned, personally appeared WM. K. ARTHUR, ta me known to be the Vice President of PUGET WESTERN, INC. , the corporation that executed the faregaing instrument, and acknowleged said instrument ta be the free and voluntary act and deed of said corparation, for the uses and purposes therein mentianed, and on aath stated that he is authorized to execute the said instrument . � WITNESS my hand and o�ficial seal hereta affixed the day and �„ year above wri�ten. ti ; � � � �, ,;�'�c �- �� Q Notary Public in and for the Stat of �' Washingtan, residing at L.��,,,�,�a �� I� � �`" � My commission expires '�' t< � q � II � I II. � I � f � � I -5- I 11-DC-3261 03038? 1t � � , • �� `i. . � . AGREEMENT AND EASEMENT FOR WATER PIPELINE PUGET WESTERN, INC. TO CITY OF RENTON EXHIBIT "A" That portion of the Southwest quarter of the Northeast quarter of Section 24, Township 23 North, Range 4 East, King County, Washington, described as follows: Commencing at the Southwest corner of Tract B, Washington Technical Center as recorded in Volume 122 of Plats, pa�es 98 to 102, Record of King County, Washington; thence North 77 27 ' 30" East along the Southerly line thereof 112.07 feet to a point on a M curve having a radius of 740. 00 feet, the radius point of which � bears South 86°56 '16" West; thence Southerly of said curve 71 .45 � feet; thence South 2°28 '08" West 61.83 feet to the True Point of �,,,� Beginning; thence on a curve to the left havin� a radius of 40.00 � feet a distance of 58. 77 feet ; thence North 21 46 '48" West 14. 58 � feet; thence North 46°O1 '48" West 40.00 feet to the True Point of � Beginning. Containing 479 square feet, more or less . � � . c�� ' o ��_'.=� .� � �� `'�'� ;,�� , �- :�.- . ,�. _ .�,_ .� �s � . [�':� "'�r� ^� "" . � ..�`'.,� � � -�_-^Z 7�► �� -'� .-� �nitia�$ -6- li-nc-32ti� n3o��7 _J � �F R�� „ y, o PUBLIC WORKS DEPARTMENT ♦� , z DESIGN/UTILITY ENGINEERING � 235-2631 � � � MUNiCiPAL BUILDING 200 MILL AVE.SO. RENTON,WASH.98055 9,0 �• . o9�TF� SEPTE��P BARBARA Y. SHINPOCH MAY OR ME MORA NDUM ��. �� DATE: March 27, 1987 ,MA R 3 0 i98T T0: Maxine Motor, City Clerk e�'�uCE.E�i,t'5;�,`;�,. . . . D �,..._._._.___.��,:.[��-� � �;� �-=��-�� : , �� FROM: Don Monaghan, Design Engineering � � _ SUBJECT: DEEDS and EASEMENTS for OAKESDALE AVENUE S.W. L.I.D. Would you please record the attached deeds and easements and charge to the following account. 701/332/15.541.20.00.00 . C\ � / U !3L— 1E.2.23.DGM:mf y Attachments