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HomeMy WebLinkAboutE 7505230351 ' �, , � ' . . � , . ,4 "' • ' . � . , , � . EASEMENT FOR WATERLINE THIS EASEMENT granted by HOLMAN PROPERTIES, INC. and PUGET WESTERN, INC. , a joint venture, doing business as RENTON VILLAGE I COMPANY, (herein called "Grantor") , to the CITY OF RENTON, a .._. Washington Municipal corporation, (herein called "Grantee") : � � TnT I T N E S S E T H: O N � Grantor hereby grants to Grantee .a non-exclusive easement Q for the y , � purposes onl of the construction reconstruction, main- f1- , tenance, removal or relocation of a waterline under and through the strip of land particularly described in Exhibit l, annexed hereto (herein called the "Easement Area") ; This instrument is executed and entered into on the following conditions: l. Other Use. Grantor shall at all times have the right to make such other use of the Easement Area as is not inconsist- ent with Grantee' s exercise of the rights and privileges granted to it hereunder. The encroachment of any existing improvements onto the Easement Area shall not be deemed an inconsistent use by Grantor, but Grantor shall`not erect or maintain any buildings on the surface of the Easement Area. 2. Damages. Without limiting any other provision hereof, � if during the construction, reconstruction, maintenance, removal or relocation of any lines within the Easement Area, any damage is done to the surface of the Easement Area or Grantor' s improve- ments thereon, Grantee will reasonably compensate the party in possession of such part of the Easement Area or improvement.. for such damage and restore the Easement Area or improvement to its � condition immediately prior to such damage. 3. Access. Grantee shall have the right of ingress and egress to the Easement Area for the purposes, and only for the purposes, herein specified and for none other whatsoever. 1 , ' ' � � + �� • ` , , ; _ . ' ` . .� ' � � ' + � � � � ( , . ., .,_ . s . < _ _ � � � � , , � . . , , , � _ • . . • . . . , 4. Inconvenience to Grantor. All work performed by Grantee, its agents and servants, in and about the exercise of the rights and privileges granted to it hereunder, shall be conducted expeditiously and with the least possible inconvenience � to Grantor. (''� O 5. Installations. Grantee covenents that all installations CV � made by it hereunder will be made in accordance with existing O � laws and good engineering practices. t�- 6. Grant Without Warranty. Grantor grants this easement, and Grantee accepts same, upon the express condition that Grantor make no representations or warranties, either expressed or implied, in fact or by law, with respect to (a) its title to I the Easement Area; (b) any surface or subsurface conditions thereof; I or (c) any patent or latent defect or dangerous condition thereof. 7. Water Service. Grantor hereby reserves the right to tap for water service, any line of Grantee that may be now or hereafter installed within the Easement Area for the service of adjacent property owned by or occupied by such Grantor. Such tap shall be allowed without charge to such Grantor, except for the customary meter and/or connection charge imposed by the City of Renton. 8. Relocation of Easement Area. Grantor hereby reserves the right, at the Grantor' s sole expense, to relocate the Easement Area and the waterline therein, if in the sole discretion of the Grantor, such relocation is desirable. Grantor' s right to relocate shall be subject to the following conditions: (a) If the waterline is relocated into other lands of Grantor, Grantor shall grant to Grantee hereunder a new easement ten (10) feet in width, five (5) feet on each side of the centerline of the relocated waterline, and shall convey title to the relocated waterline to the Grantee. Such new easement and conveyance shall be upon the same terms and conditions as contained herein. I - 2 - � � -_'-_�,,,.,,,.,...,..------'""' /, , , . . . � • , �, , . _ ti ,� ., . _---,,".._�--, i ,� I , i i i . � � � • ' ♦ � � • . � • ' ' I • . • (b) If the waterline is relocated into street or highway right of way adjoining Grantor' s property, reloca- tion into such right of way being hereby consented to by Grantee by acceptance of this Easement for Waterline, Grantor shall convey title to the relocated waterline to Grantee. � (c) The relocated waterline shall be equal in capacity c� � to the waterline replaced, shall be installed in accordance � with existing laws and good engineering practices and shall O � form a continuous loop. f�- 9. Extinguishment of Easement. In the event Grantee ceases ! to use a waterline within the Easement Area continuously for a period of six months or more as part of its water system, this easement and the rights granted hereunder shall terminate without the necessity of further documentation, as to such portion of the Easement Area within which the unused line may be situated; however, such extinguishment shall not occur until 30 days following the giving of written notice by the owner of the servient estate to the City of Renton setting forth the state of facts as causes the expiration. 10. Indemnification. Grantee shall defend and indemnify Grantors from and against any and all claims, damages, expenses (including, without limitation, reasonable attorneys' fees) , fines, penalties, losses and liability whatsoever, in any manner arising from or connected with the easement granted herein. � 11. Notices. Al1 notices and other communications required ! or permitted to be given hereunder shall be in writing and shall � , be mailed by certified or registered air mail, postage prepaid, addressed as follows: GRANTOR: Renton Village Company 830 Logan Building Seattle, Washington 98101 GRANTEE: City of Renton City Hall Renton, Washington 98055 or at such other address as may have been furnished to the other parties as above provided. Any such notice, demand or other communication shall be deemed to have been given on the date of registration or certification thereof. - 3 - • � , � , _ �� .. _ . ' _ ' 3 • ` , . �. � _ - - , . • • ' . 12. Modifications. This Easement Agreement may not be modified in any respect whatsoever, in whole or in part, except with the consent of the parties affected by such modification, and then only by written instrument duly executed. 13. Headings. The headings of the paragraphs of this Easement Agreement are for convenience and reference only and shall in no way modify or restrict any of the provisions hereof. � � 14. Successors. The terms and provisions hereof shall be O N binding upon and inure to the benefit of the respective successors, � �j assigns, tenants and agents of the parties hereto. � IN WITNESS WHEREOF, Grantor and Grantee have executed this instrument or caused it to be executed on their behalf as of this�day of� GL , 1975. ��r� In the Presence of: HOLMAN PROPERTIES, INC. /l r � � I , By ''� r) � Pre ent � PUGET WESTERN, INC. /� ���i�a� ..,��.e►r��i�� � �� RE W �'`�•, B�T � ��.r -' s,��--�—��r l � 4 ,•' .,� '• President t s CITY OF RENTON `, '.;�..r►'�• ' r_ , � �.' ,�, �_ ;.. � I .� ; �� T�E,S?'�D. �0: j �► , ��::�; � r�°� � � � �� B ,�A• ��%GC�OC-- Y p �i E,�t'K ' ���..;�.,.,.F�'`' STATE OF WASHINGTON ) ) SS. COUNTY OF KING ) � On this��day of , 1�75, before me personally appear�cl GARRETT EDDY, to m known to be the .President of HOLIyIAN PROPERTIES, INC. , the corporation that executed the 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 is authorized to execute said instrument and that the seal 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. ���,�..,�,������.,. .•�`�,U E �`.�'� . • � �r, , � . Y,`dJ�,.+4t���s'',;.,,�'': �� . ' '����' � v �a,' �� No Public i and br the State of Washington, - � �� h� �,� �'„ y . residing at � . � ';v �1 �y '� •�t �•�r�x � , �.. '; �•'yo� A���y4 r�� . �- ...��e,��. - 4 - / -� , ,+�; ' ' ! . . � �fi � P - .. . . ,`,�4�.f�•i�'•' z``�� ���;��<e.��y . !�� '" �'. ��+, 't i `��?'.o � �i �t , ... <a.. .,zy . _ �-? " � �4'� �- � • 1, :� 6�' �_ti .. �'£,j'"• :'e• *ei wi'+$.`�,�.���•�''N t++��j . ��t�l7i��,e��.n�A: tSti�t%��,;,1 . �"`�t� `J 6 �rl�. .-�..�,f S£�'� `r, ,y 7�•� '��6J';.7•����4',' . .3 :;:-S lf H# ^.1 .a",a. _ ' � �'�� •,� '�'. "" ' - aY.y ^ ��M1r�et'_^� fl[; ± , ,s v�• r Ayu'� • .��.w �t C' {' , ' -, . � ", • - - ,� . . . ' ' ' , . ' ' ' � . STATE OF WASHINGTON ) ) SS. COUNTY OF KING ) � On this � �� day of , 1975, before me personally appeared L. E. HALL, to me k own to be the President of PUGET WESTERN, INC. , the corporation that executed the foregoing instru- ment, 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 is authorized to execute said instrument and that the seal 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. �'-`^ �wA �V 4Jl�i� \ �;�F �. 'r`,oK'�;�P� �� ��� Not�a Public � and or the State of Washington, � S '�' residing at ' � ,� 4�p,RY �s•:� ..� p3� •� I ''�' P��\'��',�:� ,;`' ,�;�`�y� I �,,,a����`,�'. ��t�M�����. STATE OF WASHINGTON ) --- ) S S. � COUNTY OF KING ) C"') O N On this � day of , 1975, before me personally � appeared ` to me known to be the p ` , of the CITY OF NTON, the corporation that � exec ed 'the ithin and foregoing instrument and acknowledged said inst ument to be the free and voluntary act and deed of said corpor- ation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument and that the seal 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. .,., ' � • ti��iSJ�� ., Notary Public in for the St f a� � aton, residing at •.;;� �Il�yl� a' �� ' r t Y r�i W 't. y Q►1�.. ��b, *(�}�+ ?.�"1 ��� � d '�i�j �b �j `{ � _ ,'y, i,,, ^� o. �a.af9 � % / � Y' ��A �S�y(?l�a`��V!� �.• �!' �al P �'�� sri' - 5 - ' u.;. t � R �% � �.. . , f`4ti,�' ,^,:.. t�� �.',.,J y� ,J.: ' . ~ .i c ' ' ' �. ''� {�1�_ + \/' M t `� .',. ` v . • `;,i. „ .Vi�;,'`;�'. • •� ,....,.. = , . i ` _ ' ` � , ` ` � � } � , . : . ' , ` , � - �, . • . � ` � � . - ' `, � � �\ � � �t `F � i �t � � � . , � `� 1 . � � � � � . , ` ` �y� . . ' � '" y' . . . . ` ,41 r ' . r`'. , ^ y.: t � � �. ` . r� � - M , ' �� . ..» .�. � ' r � � . ��— /"/'�� 'J �- . . . _ _ _ ' � , y � � . . , • , , � - - . . , . . , - - -- - _.�_.._ . �_�___,_v..__.�_..�.��_�__...._� .__..___.___....._� ._�.�..__ ._ .....____.�.��_. _._----.---__. __ ,, -- __.---- ,___, --__.___----------- --- -_.: ..__._ _.,_.. .., EXHZBZT 1 .t-t,� .r-.-�-.-i:.3•.�i~. � ! i�s 4` !t.• �� � 'li, t.w .. - � � That portion of the Northeast 1/4 of Section I9, Township 23 North, Range 5 East, W.M. and"`of B]:ocks�--��1�, -1-2;' 14; - ��a" � ` and 15 of C. D. Hillman' s Earlington �Garde�ns. Addition to , the City of Seattle Division No:` 1;as�rer'�'r"•"af""`r`ecprded���`� � in Volume 17 of Plats, page 74 and4of_yacate,d streets and ; ..�...�-�_�..�.J s,�...,......,.�...� .�. M. ,_...... _. all.eys, and of Block 5 of Renton View Addition as per plat recorded in Voluzne 33 of Plats, page 25, records of King • Count�, 'rlashinc�ton, lving within a strip caf lanc� 10 feet in width having 5 feet of said width on each side of the following described line: � Beginning at the northeast �corner of the Southwest 1/4 of M the Northeast 1/4 of said Section 19; thence S Ol°04 ' 08" O W along the east line of the Southwest 1/4 of said North- � east I/4 a distance of 6.26 feet; ,.thence N `88°55 ' 52" W a - LC? distance of 100. 95 feet to a��point�hereafter designated �� � Point "A" ; thence continuirig� N 88°55' S2" W a distance of '� r�.. 110. 00 feet; thence S O1°04 ' 08" W_a- distance of 204. 53 �, feet to a point hereafter designated-Point "B" ; thence � N 89°44 ' 03" W a. distance of 101. 00 ,feet; thence N 42°18' 31" �' W a distance of 477.48 feet; ti�eiice� S 89°28 ' 13" W a distance �= of 160. 00 feet, to the true point of beginning; thence N 00° � 31' 47" W a distance of 156. 00 feet, plus or minus, to the - south right of way line of South Grady Way and terminus of said easement. - � � _ , , _. �� , . _ � . _ - I .. _ .. .. . . . . _ . , �F . . . . , . .. - . .. _ �.��;eRs�l _—_I_----'""" I �' � R��iQ���� fi-` m...._.��. ._..,__���l.i��i'��...� ..�. � �:�� ����' i2 R�1 I O i� �:.. � �Y-- � , � ' RECLJY`.J:��Ezv�FE_,��.`. I"_��i`. .r-�-3 ���.�i �,::'t>, , , ,, -.,"i, La`� � � rr'1 A .-i..,�Ft+ft+Y+^.1 ♦ t� � C"" � � � ; �i� " ��Q'� '� c n,`d �'` �"�° Ns'S�`� � ��I�Q �� ��� �� � 3����� .�a �,,,,,••r-- �, ����� �� ���t�� � �� �e � �, � « � � . �: � � � _ � � ... 4 � . . _ ` f ; . . . . .:.