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HomeMy WebLinkAboutE 7904100899;�� —, —.—,— --- _ ,� * , � �,� . , , , ::,,r �,a;,,=` . j� ;R-.,. . ;� EASEMENT , 'µr..`� :��� -�� The Grantor, BURLINGTQN N�RTHERN Ii�iC. , a Ltela�+rare carpora�ion, ;� for and in consideratian of Ten an.d No/104 Dollars ($10�00} and o#her good and :� va.luable consideratian, does hereby remis+�, release, con.vey> and quitelaim to ��� . • THE BQEING COMPANY, a I3e3aware corparation, Grantee> a perpetual easement �`�' � (said quitc2aim of easement being any ar ali interes# af Grantor, including any �, interest therein whieh Grantor may hereinafter acquire� for water line purposes � upon and under the fol2owing descri.hed premi�es situated in King Caunfy, State of Washington: � That portion af the westerly 15 feet of GrantorTs former right- of-w2y fnr its La�e 'G":ashington Belt Line <former RTorthern Paeific � Pailway Company right-of-way} across Government Lats I, 6, and 7, Section 28, Tawnship 23 11Forth, Range 5 East, W.M. , City of I�.enton, being a s#rip af Iand lying westerly of a iine Io�ated 15 feet per- f pendicular, and radially distant, easterly of, parallel and concentric with the westerl.y boundary Iine of said right-of-way, arzd lying between the southerly boundary iine of 4th Avenue North as now located and a � Iine parallel with and distant 25 feet south of the east production of : the narth Iine of Tobin Street; � Together with that partion of the easterly 15 feet of Grantor�s �§ former right-of-way for its Lake tiVashington Belt Line (former ��' Northern Pacific Railway Camgany right-of-way} across Government y�� �,ots 1,6, and 'l, Sectian 18, said T°ownshig and Range 9 City of Rentan, '� bein g a stri p of Iand lying easterly of a line locat�d 15 feet, perpendicular �.�; and radially distant, westerly of, parallel and concenfiric with the }�� easterly boundary Iine of said right-af-way and lying between �`� �: the southerly Ii.ne of 4th Avenue North as now located and a iine �-: hereinafter called line "A", xThich Iine "A" is parallel with and �,. approximately 35 feet north of the east production of the Narth line of C= Tobin Sfreet, said line "A" infiersects Grantees' easterly water Ii.ne at the �� _ angle (appro�imately 135°) which conne�ts said easterl� �vater line with � ._ the westerly line af Grantor's righfi-of-way; �✓. k � Together with a 15 foot strip af land across Grantorfs right-of- �. way in said Government Lot 7, lying between said Iine "A" and a � line which is parallel with and approxinaately 15 feet north of the � east production of the south line of Tabin Street (said last described F strip of land �zlso being the location of Grantees� water line.) � � ` : Excepting therefrom, those portions af said strips of land lying within the boundaries of certain property describecl in deeds filed in the King County records as recording numbers 7306250245 and 7309240198; also excepting all existing traveled ways now located across said property and all exceptian and matters af record. Said easement being for the purpose of installi.ng, constructing, aperating, maintaining, removing> repair%ng, replacing, enlarging, and �sing water lines together �cvith all appurtenartees thereto, tagether with the right Qf ingres� and egress to and from said described property for the foregoing purpases.. } � �. . - . ;�>..-,..,_.:., . .... ..,.�;,...,. - �,:-:�.�,_- ,:�.�:��.,.r� -- - . ,.- - - ,,,,�....r, .. . . . , ,,, ;,� "_szrt. - .;�;,;,; - _ _ �..�;�.��;r?:-�� -.� . >:. ,. - -�.�--.,.�_.�� , . . �; ,a._: _., , .,-'�- - .; ._ . ., v . . _ .3'x,,, 'b a�=:,: _ . :�i''.:�.;_ nt;�^' `.� - _ .'r� - t��:4,'-�. . . . . . . . . . ' "}'�: . , . ,. 6(' _ °�:3:�.:::. '�.. - r=�'s. - " _ . _ ':5^. _ . . _ . __ " - �.ka-,�� v,8T'r* - � . . . " . . - - <;z:^ ' . - :,+t. . - - " , . :'F:'t.i.` " , . . . . ��Y'�' '�'S�'ii .;j:v,`y'^.'.""e.�: .. . Y:Y%+::?�y:i''J_ .(y'w>` " , • '.�M;2;:i.. " . • , , G� '� I � -- ' 1 . .-------. , - - _ __ _ __. . ._ ..__�-�---- --__ ._ ___�... ---- -- - -- , -- -- -- - � . .�..� � .. , . ',...�' .__ This easement is made subject to and upon the following express conditions: ! I Grantor reserves all rights to use the property hereinabove described for any and all purposes whatsoever not inconsistent with the easement hereby granted; however, buildings are expressly grohibited unless approved by Grantee. Rights reserved shall be so exercised as not to damage or interfere with the easement rights of Grantee hereunder or the water line as above defined. This easement is subject to all existing interests of third parties in said property of any kind or nature whatsoever and any and all extensions or renewals thereof. II Grantee agrees to protect, save and hold harmless Grantor from all claims, costs, damage or e�ense of any nature whatsoever, including attorney fees, arising out of acts or omissions of Grantee relating to the exercise of Grantee's rights hereunder, excepting only such claims, costs, damage or expense which may be caused by the acts or omissions of Grantor. III Should performance by Grantee of any act under this agx°eement result in damage to or destruction of any buildings, landscaping, fences or other improve- ments, Grantee shall immediately reimburse the damageci party to the full extent necessary to restore said party to the position he would have held absent said injury. N ---. Grantee shall be reqtzired to pay any general or sgecia� assessments Ievied upon or because of Grantee's improvements on the easement premises or upon or because of Grantee's interests under the easement. V In the event that said premises shall at any time cease to be used by the Grantee for water line purposes for a period of five years, all rights of the Grantee shall aufomatically terminate and revert to the title owner of the premises and the Grantee will release its interest in said grant. VI The grantor does not warrant its title to said premises nor undertake to defend the grantee in the peaceable possession, use or enjoyment thereof; and the grant herein made is subject to all outstanding rights or interests of others, including permittees and leasees of the grantor. VII This instrument and the covenants and agreements herein contained shall ensure to the benefit of and be binding upon the parties hereto, their successors and I assigns. VIII The Grantor and Grantee herein, by acceptance and recording this easement mutually covenant and agree to the general terms and conditions applicable to the easement described above. ' _2_ � ' . . ` � -.._.,.:� a _ ---� � _ ._ -- - — -- e . . _ � .._ ___._-- ' � �.�''� � � . . Dated this 18th day of January , 19 79 . . � � . �� .,� � ' �,>;',` ��� � ���`�,�' �THE BOEING COMPANY� � BURLINGTON NORTHERN INC. ; � '!•'� ,�� ;g�y •�� C�� �z..� G�.�_ By - � `. ,� , i � , � � V�ce P�e�sident ` !, } , � Attest � Attest ��.�-�- �.----�-�'�. s�_ � � t'.,� .\� �. �:.�:•;..1�., � �: , , , ,, .�,�:..,� . • . ' ,'` " r, .� , . , �' STATE OF WASHINGTON ) �� ' , ) ss. � ' COUNTY OF KING ) , On this /S����` i day of ��j y.u�v-� ' _, 19�., before me the undersi ned, a Notary Public in and for the State of Washirlgton, duly commis- g sioned and sworn, personally appeared �; � ;, � and �, 1,.��%,��,,, to me known to be the Vice President and r�_s , s;; „�.�Secretary, respectively, of The Boeing Company, one of the corporations that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, ancT on oath stated that they were authorized to execute the said instrument and that the seal affixed is the _ corporate seal of said corporation. ��,�'��''� �.��r Witness my hand and the official seal hereto affixed the day and year first ���';���iov���'itten. ' }` f. ,����\,�,�1 ,,�f �`}��'' , ',��', 1 r�i�;�����f �-). �� . ��� � ��', � \. - �"L - _�!d�"-�'' , '_��:,�J1 y -; ,��•����>,�,� o ary Pu ic in and fox° th ?,�` .� �>>��- F�� Sta e of Wa hington, residing ��,,,,, at ej���,�`v � . � ST1�TE OF MII�TI�TESOTA ) --- ) ss. � COUNTY OF R.AM5EY ) On this 18�h clay of January , 197 g, before me, fihe undersigned, a Notary Public in and for the State of Minnesota, cluly commissioned and sworn, personally appeared J. C. KenadY_ and F. A. Deminq . to me known to be the Vice President and Assistant Secretary, respectively, of Burlington Northern Inc. , one of the corporations that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath state�l that they were authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. Witness my hand and official seal hereto affixed the day and year first above written. �aa�ru�o► � . . � �� J.W.THAYER ��,�°.. NOTARY PUBLiC-MINNESOTA Not Public in an for the � �� RAMSEY COUNTY State of Minnesota�, residing � �...- My Commission Expires Nov. 17,1985 x at St. Paul -3- - ..;�,,�,.�,�s,+,r�µ�nn�^°�.'!'�';�3',.,:,.,.�—..--,�, :-�,a>"r.=::^-�':-- _ ..7�'� -- - ---a;.r.�,.�,,.�,- _ —�-_r_nc--- J'- . - . :�z+ ..f ..���,_r5c..:, >�`-. e;y=��' i.f:t,Y;�i�. �.'5 - _ - �•�+r--m _ ... �.-,..< � ..- .. ...... � .:: ....� ,_. .,.. -c"i.wa.,..w . S..µ::i.�. ,....,..t.o�o. .y-+{:. ..". '' .�'P' .. �i ��h. ' 'J:ns:" ..�'r�: i:?�.<_. - s''��'" �_�.._: .r, r ��..+�, Y .�- .�y,a :-h� "t.. x ».r,��.' :f'�.:' - S} t' f.;is'`=-'"4':.''^�'- s. '�f.�„''``�C'� •-✓'' ..Gr. P�. �:3�1 t;�.$�� .1\nn 1R.�1•. ��� �.4.��%�;�,� ,f:.�5'i� K:� _ .�'F�: 1"t'F:�:•�.''� . . - , . . �:��i. r.4�r`{lt .Ya a:it�'_ _ 'I . . . _: . . - �-F;:�7,�:v` ,._. __ ...:�at�,.�... . ..�_,t�r...,..¢...,... ..F. .. , . . .'JM�s. ., ...-, .,. . . : _. ,. ._r'i'�";��i`��`_ ,r.,,. �7'.a>o_ ,.-.__ . .. -, r,... . . . . ,- . •I . • �"�`�'' ,. J I L `. _ � � �' � t � `4"1r�-�.� Y . �r � .,...-_�._ _. '_`"_" The City of Renton, a municipal corporation of the State of Washington, hereby joins in the grant of the foregoing Easement ' �from Burlington Northern, Inc. to The Boeing Company dated as of January 18 , 1979 for the sole purpose of conveying and quit- claiming, including any interest hereafter acquired, the ease- ment rights set f orth above to Grantee subject to, however , the terms and conditions set forth in the Easement. CITY OF RENTON, a Washington municipal corporation B ��� � Y ` Its By I t s ��� �e i� K l --r - ��PaTE OF WASHINGTON) -- - �` ) ss. COUNTY OF T��' ) � �� On th is � day of ��cr��,,,� , 19�, before� me, the undersigned, a Notary Public in and for the State of Washing- �on, duly commissioned and sworn, ersonally appeared G' �T. „�P jQ�,.��,�-, and ,l�e%�cs �/�e�.a� , to �me k nown to be the persons who signed as /��a�ro�- and (?,fu (.'/�� , respectively, of the City of Renton, the municipal corporation that executed the within � and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corpo- � ration for the uses and purposes therein mentioned, and on oath stated that they were duly elected, qualified and acting as said officer.s of the municipal corporation, that they were authorized to execute said instrument and that the seal af- fixed, if any, is the corporate seal of said municipal corporation. - WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. � - - , O A PQBLIC in and for t�e ta+��e of Washington, .residing ��- -4- I . • . -=...� .. 4 , ` " I I � I I I I ' I I I I I I I I ���. it 1..+_ r� � L„! '� . "I � .' ..r' ` •. Y ?, � • .. � 4 �,4, �� � . J• ` . �/'......+ Renton City Council 3/26/79 Page 2 F � • OLD BUSINESS - Continued - Transportation Cor�nittee Report - Continued � Chamber of The Transportation (Aviation) Comnittee report noted the Chamber " Comnerce of Commerce is instituting improvements to its building and has :� �' Lease requested lease extension of 20 years with option to renew for an additional 10 years. The report recommended approval. MOVEp;` BY SHANE, SECOND CLYMER, CONCUR IN RECOMMENDATION. Councilman ' Stredicke noted the $2.00 per year rate. CARRIED. , Ways and Means Ways and Means Committee Chairman Clymer presented report recom- Committee Re ort mending no action necessary on the referral to ban self-service Se f-Service Gas gas stations as a review of the zoning code indicates no �u.ch ban exists. (Information) Comp/Bank Time The Ways and Means Committee report referred letter from City Attorney Warren re Comp and Bank Time (3/26/79 refferal ) to the Administration for review and report back to the Ways and Means Cor�nittee on 4/2/79. MOVED BY CLYMER, SECOND PERRY, COUNCIL APPROVE REPORT. CARRIED. Voucher Approval The Ways and Means Committee report recommended approval of Vouchers No. 22458 through No. 22651 in the amount of $320,350.91 having received departmental approval that merchandise/services received. Also approved for payment: LID #302 Revenue Warrant R-32 $6,983.62 plus Cash Warrants C-72 $6,452.88; C-73 $269.35; C-74 $124.37 and C-75 $137.02. MOVED BY CLYMER, SECOND SHANE, APPROVE VOUCNERS FOR PAYMENT. CARRIED. (Voids #22453-22457) Public Safety Public Safety Committee Chairwoman Proctor presented committee Committee Report report recommending that an additional $17,892.98 be approved Main Fire Station for completion of the new Main Fire Station and provided explana- Completion Funds tion of expenditures. MOVED BY PERRY, SECOND SHINPOCH, CONCUR IN RECOMMENDATION AND REFER TO WAYS AND MEANS COMMITTEE. CARRIED. Fire Protection The committee report recommended concurrence in Fire Chief Geissler's request that referral of 8/21/78 "Consolidation of Fire,,,Departments" and referral of 1/8/79 "Fire protection south of the City" be referred to the Committee of the Whole for a presentation to the entire Council . M S , SECOND PERRY, CONCUR IN RECOMMENDATION. CARRIED. Utilities Utilities Committee Chairman Shane presented report regarding Corranittee Report request for vacation of utility easement of Garfield Associates Vacation of and Burlington Northern Railroad. The report noted these two Easements for requests are at the same location and it is recommended that the Garfield Assoc. Council concur in the Public Works Department recorr�nendation that B.N. RR - the easements be vacated. MOVED BY SHANE SECOND PERRY, CONCUR IN Glacier Park REPORT AND VACATE EASEMENTS. MOTION CARRIED. SPECIAL Letter from Mayor Delaurenti noted Staff inembers from Renton, PRESENTATION Bellevue and Issaquah have been involved in joint efforts to Sphere of delineate a logical and rational Sphere of Influence agreement Influence among the municipalities. The letter reported Staff representa- tives from the three cities would be present for presentation at all three cities during the evening of 3/26/79. Mayor Delaurenti requested Planning Director Ericksen introduce the representatives of Bellevue and Issaquah. Kenneth E. Nyberg, Bellevue, used wall i maps to explain drainage basins, water districts, sewer district boundaries, school district boundaries and the suggested Sphere of Influence boundaries (annexations) . Following presentation and discussion, it was MOVED BY STREDICKE, SECOND TRIMM, TO REFER MATTER TO THE COMMITTEE OF THE WHOLE. CARRIED Recess MOVED BY STREDICKE, SECOND SHANE, COUNCIL RECESS. CARRIED. 9:20 p.m. Council reconvened at 9:35 p.m. Roll Call : Al1 Council Members . present. except Shane, who arrived shortly. Ways and Means Ways and Means Committee Chairman Clymer presented report recommend- �, Committee Report ing first reading of the following ordinances: First Reading An ordinance was read rezoning property located at 201 Union SE Bitney Rezone from G to Trailer Park T, known as Bitney Rezone. MOVED BY PERRY, R-256-78 SECOND CLYMER, REFER BACK TO COMMITTEE. CARRIED. RENTON CITY COUNCIL + , � Regular Meeting March 26 , 1979 Municipal Building � �. Monday , 8: 00 P . M . Council Chambers " , M I N U T E S � r 1 CALL TO ORDER Mayor Charles J. Delaurenti led the Pledge of Allegiance to the flag and called the Renton City Council meeting to order. ROLL CALL OF BARBARA Y. SHINPOCH, Council President; CHARLES F. SHANE (Arrived COUNCIL 8:07 p.m. ) THOMAS W. TRIMM, EARL CLYMER, GEORGE J . PERRY, h1ARGARET L. PROCTOR AND RICHARD M. STREDICKE. CITY OFFICIALS C. J. DELAURENTI , Mayor; DEL MEAD, City Clerk; LAWRENCE WARREN, IN ATTENDANCE City Attorney; W. E. BENNETT, Deputy Finance Director; GORDON Y. ERICKSEN, Planning Director; WARREN GONNASON, Public Works Director; HUGH DARBY, Police Chief; JAMES MATTHEWS, Fire Department Rep. ; BOB HUFNAGLE, Park Department Rep. ; MICHAEL W. PARNES�S, Administra- tive Assistant. COUNCIL MINUTE APPROVAL MOVED BY SHIP�POCH, SECOPJD PROCTOR, APPROVE COUNCIL MIPJUTES OF MARCH 19, 1979 AS PREPARED. CARRIED. PUBLIC HEARIt�G This being the date set and proper notices having been posted, Street Vacation published and mailed, Mayor Delaurenti opened the public hearing Portion of to consider vacation of a portion of California Ave. (N. 7th St. ) California Ave. west of Garden Ave. N. and a portion of alley between Garden Ave. N. and Park Ave. N. City Clerk Mead recalled letter from , Continued to Attorney William Baron representing The Boeing Co. which had April 9, 1979 been presented at the 3/12/79 Council meeting, requesting change of hearing date to 4/9/79. There being no audience comment, it was MOVED BY PERRY, SECOND SHINPOCH, CONTIP�UE HEARING TO APRIL 9, 1979. CARRIED. AUDIENCE COMMENT PJeil Kretzer, Assistant Manager, Burlington Northern Property Dvn. , inquired re status of an application for vacation of utility easement which had been referred to committee. (See later Utility Committee report. ) OLD BUSINESS Transportation (Aviation) Committee Chairman Trimm presented Trans ortation comnittee report recommending Council authorize acceptance of Aviation a grant allocation expected 5/1/79 in the amount of $108,800 Committee Report for improvements on the Renton Municipal Airport to build new taxiways, improve present taxiways and lighting. The report also Airport recommended approval of 20% matching funds of the 80/20 grant; Improvement also authorization for Administration to proceed with the plans. Grant FAA-ADAP Project #5-53-0055-03. MOVED BY SHANE, SECOND TRIMM, COUNCIL CONCUR IN COMMITTEE REPORT. Upon inquiry by Councilwoman Shinpoch, Mayor Delaurenti noted the 20q matching funds will be derived from Airport revenue. MOTION CARRIED. Engineering The Transportation Committee report recommended authorization for Consultant acceptance of contract with SEA Engineers/Planners for design of for ADAP Project the ADAP Project and authorize the Mayor and City Clerk to sign the agreement. MOVED BY SHANE, SECOND TRIMM, CONCUR IP� REPORT. Upon inquiry by Councilman Stredicke, Public Works Director Gonnason explained the selection process. MOTION CARRIED. Renton Aviation The Transportation Committee report recommended approval of Airport Leases request of Renton Aviation, Inc. for extension of their lease to 40 years with approval of an assignment of lease for financial purposes (security) . The report explained Renton Aviation is instituting a $1 ,000,000 capital improvement program over the next , five years. MOVED BY SHINPOCH, SECOND TRIMM, COUNCIL CONCUR IN THE RECOMMENDATION. Upon inquiry, City Attorney Warren explained lease open for negotiations every five years; City Councilman Stredicke explained all Renton Aviation's_present leases would be terminated and combined into one. MOTION CARRIED.