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Home My WebLink AboutE 20050208000737WHEN RECORDED RETURN TO: City Clerk's Office City of Renton 11111111111111 1 111 1055 South Grady Renton, WA 98055Way 20050208000737 CITY OF RENTON EAS 24.00 PAGE001 OF 006 02/0812005 11:14 KING COUNTY, WA Document Title: Water Utility Easement Grantor- PACCAR Inc, a Delaware corporation Grantee: City of Renton, a Washington municipal corporation Legal Description: Abbreviated Legal Description: Portion of South half Section 8, Township 23 North, Range 5 East, W.M Full Legal Description: See Exhibit A attached Assessor's Tax Parcel 082305-9170 Nos.: Reference Nos. of None Documents Released or Assigned- Water Utility Easement PACCAR Inc, a Delaware corporation ("Grantor"), in consideration of the sum of One Dollar 1) and other valuable consideration, receipt of which is hereby acknowledged, hereby conveys and quitclaims unto the City of Renton, a Washington municipal corporation Grantee"), a nonexclusive easement for public water line with necessary appurtenances, over, under, through, across, and upon Grantor's land, situated in the City of Renton, King County, State of Washington, described on Exhibit A attached hereto and by this reference incorporated herein. Such easement parcels are also shown on the map attached hereto as Exhibit B and by this reference incorporated herein. Said parcels are herein referred to as the "Easement Areas." TO HAVE AND TO HOLD said easements unto Grantee and its successors and assigns forever, subject to the covenants and conditions hereof, which Grantee by its acceptance of this easement agrees to perform fully. 1. Subject only to the rights expressly granted in this easement, Grantor reserves all rights with respect to the Easement Areas including, without limitation, the right to grant additional easements, licenses and permits therein to others; the right to install utilities and other fixtures or improvements over, upon, across and under the Easement Areas; and the right to install, operate and maintain any containment, treatment or monitoring system required respecting contamination in, or in the vicinity of, the Easement Areas. Grantor shall exercise these rights which Grantor has retained so as not to interfere with Grantee's use of its easements. Grantor, in connection with any future change in use or redevelopment of its property, further reserves the right to relocate the Easement Areas and utilities installed therein to other locations selected by Grantor; provided, that the expense of any such relocation shall be borne by Grantor and that such relocation shall not impair the maintenance and operating capability of such relocated utilities. Grantor shall not be liable to Grantee, or to Grantee's employees, agents, contractors or users of Grantee's property, for loss or injury resulting from any damage or destruction of Grantee's facilities directly or indirectly caused by Grantor's use of the Easement Areas or Grantor's facilities in the Easement Areas, excepting only loss or injury which results from Grantor's failure to exercise reasonable care not to damage or destroy Grantee's facilities installed within the Easement Areas. 2. Grantee does hereby release, indemnify and promise to defend and save harmless Grantor from and against any and all liability, loss, damage, expense, actions and claims, including costs and reasonable attorneys'fees incurred by Grantor in defense thereof, asserted or arising directly or indirectly on account of or out of acts or omissions of Grantee and Grantee's servants, agents, employees and contractors in the exercise of the rights granted herein; PROVIDED, HOWEVER, this paragraph does not purport to indemnify Grantor against liability for damages caused by or resulting from the negligence of Grantor or Grantor's agents or employees. 3. Grantee shall at all times maintain the utilities installed in the Easement Areas in good and safe condition and repair, and restore the Easement Area to its prior condition after any repairs or other Grantee disturbance of an Easement Area; PROVIDED, that Grantee may, with Grantor's consent (or, so long as Grantor PACCAR Inc or any affiliate of PACCAR Inc retains ownership of the servient tenement, without Grantor's consent), from time to time delegate any of said Grantee duties to Grantor. Grantor has informed Grantee, and Grantee is aware, that the easement herein granted is located on a federal "Superfund Site" and is subject to laws pertaining thereto and to a Consent Decree dated November 8, 1991 in King Count Superior Court, Cause No. 912250537 (as amended August 19, 1994), which Consent Decree was entered pursuant to the Model Toxics Control Act codified as Ch. 70.105D RCW. Grantee agrees to give Grantor prior written notice of any maintenance or repair to be conducted in the easement area by Grantee, and in connection therewith Grantee agrees to comply with any legal requirements applicable to such Grantee activities (including, without limitation, performance of any work by qualified contractors with requisite training such as hazardous waste operations and emergency response work per 29 CFR 1910 and corresponding Washington laws, and approved storage and disposal at licensed disposal sites of any excavated material). 4. If any Easement Area ceases to be used by Grantee to provide water service to the City of Renton public water system, then the easement herein granted for such Easement Area shall terminate, and all rights, interests and privileges granted hereunder shall revert to the Grantor, its successors and assigns. Upon any termination of this easement, Grantee shall promptly remove from the terminated Easement Area any facilities installed by or for Grantee (except subsurface installations which can be left in place without limiting or endangering Grantor's use of the Easement Area), and shall restore the Easement Area to its condition prior to such removal, 5. Notices given under this easement shall be given as follows: If to Grantor: PACCAR Inc Vice President, Property & Environment 777 —106th Avenue NE Bellevue, WA 98004 If to Grantee: The City of Renton Department of Public Works 1055 South Grady Way Renton, WA 98055 Either party may change the address to which notices may be given by giving notice as above provided. 6. This easement grants access rights and certain other specific rights to Grantee respecting the Easement Area, but does not convey to Grantee any ownership or other interest in real property or any facilities installed therein, IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this 12t day of ,x,- 2004. PACCAR Inc By: R. E. Bangert I Its: Vice President Exhibits: A - Legal Description B - Map of Easement Parcels STATE OF WASHINGTON ss. COUNTY OF KING On this day of e- 2004, before me personally appeared, to me known to be the e of 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 he was authorized to execute said instrument and that the sea] affixed is the corporate seal of said corporation. In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written, Notary Public in and for the State of Washington OIL residing atL41.1*, i-' ^ Notary {Print)X'-/)-- /Z, I - -A 4 - woo 4 V. My appointment expires: `5 Seal) 3 EXHIBIT A LEGAL DESCRIPTION WATERLINE EASEMENT PARCEL "T' KENVVORTHRESEARCH & DEVELOPMENT FACILITY A strip of land, 15 feet in width, over, under, and across a portion of the South half ofSection 8. Township 23 North, Range 5 East, Willamette Meridian. having 7.58 feet of such width lying on each side of 'the following described centerline: COMMENCING at the East quarter comer of said Section 8, from which point the Northeastcorner cfsaid Section bears North OO"58'50^East; THENCE North 89' 30' 36" West, 2647.56 feet along the North line of said South half to an existing center ofsection monunoent` THENCE South 00' 59' 29, West, 1385.84 feet along the North/South center section |hna of said Section 8; THENCE South 89' 28' 53" East, 469.95 feet to the West margin of vacated Houser Way North; THENCE North OO" 57' OS`' East, 4.93 feet along said West margin to the TRUE POINT OF BEGINNING mfherein described centerUne: THENCE South 89'S 52" West, 256.87 feet; THENCE South OD"84`08" East, 28.08 feet; THENCE North OU"U4`08" West, 28-08feet; THENCE South 89' 5552" West, 34.32 feet; THENCE South OQ" 04'08" East, 40.00 feet THENCE North 00' 04'88" West, 40.00 feet; THENCE South 89' 55'52" West, 133.47 feet; THENCE South O8'32`37" West, 35O.27feet; THENCE North 89' 2853" West, 55,59 feet THENCE South 0O°31'07" West, 27.30feet; THENCE North 00' 31'07" East27,30 feet; THENCE South 88,28^53`, East, 228.B2feet; THENCE North 00' 31'07" East, 20.90 feet; THENCE South 00' 31'07" West, 20.90 feet; THENCE South 89" 28~ 53" East, 249.33 feed to said West margin of Houser Way North and the terminus ofherein described centerline. The sidelines of said easement shall be shortenedor lengthened as necessar y as to intersect at angle points and the West margin oƒvacated Houser Way North. Z — 2MLkA Project Name: Kenworth Research & Development Facility March 19, 2-1004 1022 LOO2.doo SOUTH 1/4 8-23-5 I ',7fle: P:\110000s "l'1022--,;;survey\.,1022--,c,Y,.7.w(i Da e/Time: 03/19/7-004 !-.,:-37 Sc le: 1-200 Plotted ;'v: omason ',rets Scale: NE "OR For: Job Number Horizontoi 1 "=200' vertical 8-23-5, 10223 dpi 1 , 1821 5 72ND AVENUE SOUTH 1 =200' cc n Sheet 425)251-6222 7 co 0 tn 1 /4425)251-8782 FAX I itle: 7 z CENTER SECTION N 8 9- 3 0'3) 6 IN WATERUNE EXHIBIT 8 —23-5 26 47 . -61 PARCEL J EAST 1/4 of Desion.ed- 8-23-5 necked-- .,,oDrev,-d --- Date cq CD Ln In So n S89*28'53" E— ES89*28'5--"E 37 173-91 469.95' 0-1 Lim cn PARCEL J o zM Lj cz j LLJ L FF= 1 N89*28'53,,w 644.811' SOUTH 1/4 8-23-5 I ',7fle: P:\110000s "l'1022--,;;survey\.,1022--,c,Y,.7.w(i Da e/Time: 03/19/7-004 !-.,:-37 Sc le: 1-200 Plotted ;'v: omason ',rets Scale: For: Job Number Horizontoi 1 "=200' vertical KENWORTH RESEARCH 10223 dpi 1 , 1821 5 72ND AVENUE SOUTH K&J. 'NA 98032 DEVELOPMENT FACILITY Sheet 425)251-62227 1 /4425)251-8782 FAX I itle: 7 C!'JIL --NGINEE-RING, LAND WATERUNE EXHIBIT ISPLANNING -SURVEYING, PARCEL J of Desion.ed- I J;rcwn i necked-- .,,oDrev,-d --- Date