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HomeMy WebLinkAboutE 8110270511�r 1 � I �i.,�. � ' S�41 p ` '' ' '.. � ���-_ �.��-�� ��� ������ �a� �����s� 0� ',{ cu `;,'a.}� '"`. "'� ��,��'..'' � n � �,�'�� �r���;� �� ��� C��'Y GLE�K � � �'.�� �e����� ������PAL ��Q6. � � <.� 4� �-��,� 2�a �6�� ��'�. S0. � � � c.�,�� EASEMENT FOR SEWEI�E���E�� �$Q�5 � � „ .. . ._ _. .. .��r'';�,�;�: ,:-.� �� .. .. .. .. T�is Easement for Sewer Line is made this � day of August, 1981, between PUBLIC HOSPITAL DISTRICT NO. 1 of KING COUNTY, a municipal corporation (hereinafter "Grantor" ) , and the CITY OF RENTON, a municipal corporation (hereinafter "Grantee" ) . � 1 . GRANT. � ' 11'� In consideration of One Dollar (�1 .00) and other good and Ovaluable consideration, and in consideration of the performance � of Grantee of the covenants, terms and conditions hereinafter � set forth, Grantor hereby conveys and quitclaims to Grantee a � perpetual nonexclusive easement for the inspection, mainte- � nance, repair and operation of an existing eight (8) inch sani- tary sewer, together with all connections, manholes , and under- ground appurtenances thereto (hereinafter the "sewer line" ) along and under that certain property situated in King County, Washington, more particularly described as follows: ' � A strip of land 10 ft . in width, being 5 feet on each side of the following described centerline: commenc- ing at the intersection of the north line of Sec- tion 31, Township 23 North, Range 5 East, W.M. , with the Easterly margin of State Road No. 167; thence N 10°56 ' 32" E along said Easterly margin a distance of 91.5 feet, thence S 79°03 ' 28" E a distance of 23. 5 feet to the true point of beginning of said center- line; thence S 76°28 ' 33" E a distance of 300.9 feet ; thence S 57°13 ' 35" E a distance of 204. 5 feet ; thence S 69°44' OS" E a distance of 225. 3 feet; thence S 69°23' 30" E a distance of 75. 3 feet to the west line of Parcel B of the Valley General - Dr . Brain short plat as recorded under Auditor ' s File No. 781214�9018. The term "easement area" in this instrument refers to the real property described above. 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: 2. PURPOSE. 2.1 Grantee shall have the right to operate, inspect, maintain, and repair the sewer line, together with the nonex- clusive right of ingress to and egress from the easement area over Grantor ' s property for the foregoing purposes. '�`r 4! !�' ",��_ T.�Jo . " �;i,"� l �''7 / . � ` � `t.' , .`', ,�� , \ � \ ' , � � � � \ 1 ; � , ; . � ,. � � . , , � • 072981/2684C 2 . 2 Grantor reserves the right to make reasonable modifications of the terms of the ingress and egress easement set forth in paragraph 2.1 above, upon such notice as may be reasonable under the circumstances, during any period of in- spection, maintenance, repair, or other authorized ac�ivity. Such modifications shall be made only if reasonably necessary to maintain the efficient operation and peace and guiet of the hospital premises . 3. COMPATIBLE USES. Notwithstanding any other provision herein to the contrary, � Grantor reserves the right to engage in any uses compatible � with the full enjoyment of the rights granted herein to Grant- � ee; and further reserves the right at any time to relocate the � easement area and sewer line at the sole cost and expense of � Grantor. O � 4. MAINTENANCE AND REPAIRS. � Gp Grantee agrees, at its sole cost, to maintain the sewer line in good condition and repair, and that the improvements existing or later built on or along the easement area shall not be disturbed or damaged on account of such inspection, mainte- nance, or repair. Grantee agrees that any debris and waste materials caused by the operation, inspection, maintenance and repair of the sewer line will be removed from the easement area and Grantor ' s property, and that upon completion of any repairs the premises will be returned to the condition existing prior to any repairs, at Grantee ' s sole cost and expense. 5. COORDINATION OF ACTIVITIES. Grantee sYiall coordinate the dates of its inspection, main- tenance, and repair activities on Grantor ' s property with Gran- tor ' s Administrator, or such other employee of Grantor as Gran- tor may from time to time designate, and Grantee shall provide said employee with at least five ( 5) days ' prior written notice of its intent to enter upon Grantor ' s property to commence such activity; PROVIDED, HOWEVER, that in the . event of an emergency requiring immediate action by Grantee for the protection of its facilities or other persons or property, Grantee may take such action upon such notice to Grantor as is reasonable under the circumstances . 6 . RELEASE AND INDEMNITY. Grantee does hereby release, indemnify and promise to de- fend and save harmless Grantor from and against any and all liability, loss, damage, expense, actions and claims, including -2- I .�Y ' ` �. , ,r . � ' � ' • 072981/2684C costs and reasonable attorneys ' fees incurred by Grantor in defense thereof, asserting 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, whether negligent or not, including, without limitation, any loss, cost, claim, demand or action relating to any break, rupture, stoppage, leak, explosion, or other defect in the sewer line; PROVIDED, HOWEVER, this para- graph does no� purport to indemnify Grantor against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of Grantor or Grantor ' s agents or employees . r'1 I r'1 7 . THIRD-PARTY RIGHTS. 11? � Grantor reserves all rights 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 Easement . t�3 8 . SUCCESSORS. The rights herein granted and the duties hereby agreed to by Grantor shall inure to the benefit of and shall be binding upon Grantee ' s successors and assigns . 9. ASSIGNMENT. Grantee is hereby prohibited from assigning all or any por- tion of the rights and interests granted herein without the prior written consent of Grantor, PROVIDED, HOWEVER, that such consent shall not be unreasonably withheld. Grantee Grantor CITY OF RENTON, a PUBLIC HOSPITAL DISTRICT ' municipal corporation NO. 1 OF KING COUNTY, a municipai cor oration BY �� A %��u-�WO C.I�. BY Title,, M�.yor L o Powers, Presiden�, ''�: n .. � Board of Hospital S ' Commissioners ` �Attest: � a�e���/ Q �o�.� City Clerk� -3- ' � - 072981/2684C By �� �,� Charlotte Kurth Coo r, Secretary, Board of Hosp' , 1 Commissioners By - � illi m E. Murray, Administ ator, Board of Hospital Commissioners STATE OF WASHINGTON ) I, ) ss . COUNTY OF KING ) � On this �� day of ����--U`�-- , 1981, before p me, the undersigned, a No ary ublic in and for the State of , � Washington, duly commissioned and sworn, personally appeared � LEO POWERS, CHARLOTTE KURTH COOPER and WILLIAM E. MURRAY, to me � known to be the persons who signed as President, Secretary and � Administrator, respectively, of the Board of Hospital Commis- sioners of PUBLIC HOSPITAL DISTRICT NO. 1 OF KING COUNTY, 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 corporation for the uses and purposes therein mentioned, and on oath stated that they were duly elected, qualified and acting as said officers of the municipal corporation, that they were authorized to exe- cute said instrument and that the seal affixed, if any, is the municipal corporate seal of said municipal corporation. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. ������ N T RY PUBLIC n and for the S at � o Washington, residing at ,\s�.,,,. .�:' •,'�.'Z �',v , �� � � .' � ' - � � .: � _ �'"�����:,,,, -4- � � ' 072981/2684C STATE OF WASHINGTON ) ) ss . , COUNTY OF ) n h' s ��da � 1981 before O t i o2 y of /� , , me, the undersigned, a Notary Public in and for the State of Washi gton, dul commissioned and sworn, personally appeared �a-��.a_�, o;-c�S , to me known to be the person who � sign as Q ,e � of the CITY OF RENTON, the municipal c por ti that executed the within and foregoing instrument, and acknowledged said instrument to be the free and I voluntary act and deed of said municipal corpora�ion for the ; uses d purposes therein men�.ioned, and on oath stated that " � ���, was duly elected, qualified and �,c ting as � said officer of the municipal corporation, that SG� �. ►� was authorized to execute said instrument and that the seal � affixed, if any, is the municipal corporate seal of said muni- � cipal corporation. 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