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Home My WebLink AboutE 8204190328 , ` , v:. , • , • ' v �, ; ` � � c-- :s..� , , . � .. �_. �� P "� _ �V�.� -. �..� .Y+'.�- YZP�f_ �.... :f.iY'�':i M C.¢i"3-rr•;:.;; ,"y' � ^�L`�j W?�.i:'!_.�.�} �:. �'F�,�ry .:..._.___ ,.._ ~ �� • � � � — .... "';. 'C' .::f:.'•:.� 'S.. ��J�/''//j - � 3_�...#,_.�—f�.f . . Y•_=z _�4_! o �'� `�'/j,�'^�'''I�c�#+ -. �„ �;... _ UUL.."TLl1:7 �= _/"��__: ,�#i_li_!3 it_ii#_'_t�_f ',,_ �S �_ ' ;Y_ �.- r`" ,�, - -- �� '� i.t J �=— *'�'�- -}:�.'� AGREEMENT FOR EASEMENT FOR WATER PIPELINE THIS AGREEMENT made this ��' day of /�J�2�i,� , 1982 between PUGET WESTERN, INC. , a Washington corporation , ( "PWI" herein) , and the CITY OF RENTON, a municipal corporation of the State of q�► Washington ( "Grantee" herein) . Nd � WHEREAS, PWI is the owner of the following described � � property: ri �' See Exhibit "A" attached . A � � WHEREAS, Grantee desires an easement for a water pipeline across PWI ' s property described above. NOW THEREFORE, in consideration of the performance by Grantee of the covenants , terms and conditions hereinafter set forth, PWI hereby grants and conveys to Grantee the following easement: A. A perpetual easement across , along , in, upon and under that portion of PWI ' s property described in Exhibit "A" attached hereto and by this reference made a part hereof , for the purpose of installing, constructing, operating , maintaining , removing , repairing and using a water pipeline, with the connections and underground appurtenances thereto ( herein the "Water Line" ) , together with the non-exclusive right of ingress to and egress from said portion of PWI ' s property for the foregoing purposes; WHEREAS, the Grantor agrees that no other utilities � shall run in and parallel to said easement for a Water Line; The terms "Easement" and "Easement Area" in this instrument refer to the easement on the property described in 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 for constructing, � operating , maintaining , removing , and repairing the Water Line. 2. Compliance With Laws and Rules. The Grantee shall maintain and use the Water Line in accordance with the require- ments of the National Electric Safety Code and any statute, order, rule or regulation of any public authority having k jurisd iction. 3. Access. The Grantee shall maintain and use its Water � Line in such fashion as to permit reasonable and continuous access along PWI ' s property in all directions, and in such fashion as to accommodate and support vehicular travel over and across the Water Line. Grantee shall at all times keep PWI ' s property free and clear of all obstructions and equipment. 4. 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 (90 ) days of PWI ' s giving Grantee written notice thereof, or within such other period of time as may be reasonable in the circumstances , PWI may terminate Grantee' s rights under this ��t�a�s � 1Q/o EXCIS� �s��° �''�� QUIRED Kin� �u. l�ecords nivision ' gy � , Deputy `� , 1 r �s , • , + L q 1� .. , ' . .r ` 1 Agreement in addition to and not in limitation of any other � remedy of PWI, at law or in equity, and the failure of PWI to exercise such right at any time shall not waive PWI ' s right to terminate for any future breach or default. 5. Termination for Cessation of Use. In the event Grantee ceases to use the Water Line for a period of five ( 5 ) successive years, this Agreement and all Grantee' s rights hereunder shall terminate and revert to PWI. 6. Release of Water Line on Termination. No termination � of this Agreement shall release Grantee from any liability or � obligation with respect to any matter occurring prior to such C�'� termination. � � 7. Release and Indemnity. Grantee does hereby release , ti � indemnify and promise to defend and save harmless PWI from and � against any and all liability, loss, cost, damage, expense, � � actions and claims, including costs and reasonable attorney s fees incurred by PWI 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 PWI in its use of the property which will affect Grantee' s employees, agents , contractors, and other parties benefiting from said Water Line ; provided , however, this paragraph does not purport to indemnify PWI against liability for damages arising out of d amage to Water Line and/or property �/ caused by or resulting from an excessive amount of fill being placed above said Water Line by PWI ' s agents or employees. 8. Title. The rights granted herein are subject to permits, leases, licenses and easements, if any, heretofore granted by PWI affecting the property subject to this agree- ment. PWI does not warrant title to its property and shall not be liable for defects thereto or failure thereof. 9. Notices. Unless otherwise provided herein, notices required to be in writing under this Agreement shall be given as follows : If to PWI: Puget Western, Inc. Puget Power Building Bellevue, Washington 98009 If to Grantee : City of Renton Department of Public Works Notices shall be deemed effective, if mailed , upon the second day following deposit thereof in the United States mail, postage prepaid , certified or retistered 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 above provided. 10. Assignment. Grantee shall not assign its rights here- under. No assignment of the privileges and benefits accruing to Grantee herein, and no assignment of the obligations or liabili- I ties of Grantee herein, whether by operation of law or otherwise, , shall be valid without the prior written consent of PWI. I 11. Successors. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respec- tive , successors and assigns. 12. Liability. In the event of any assignment of the rights hereunder, the liability of Grantee and its assignees shall be joint and several. �nitia�s -2- � � ` � r . f , � 13. PWI ' s Right to Relocate Water Line. Should it become _ necessary in the future, PWI reserves the right and shall bear the cost of relocating the said Water Line at a location to be determined by PWI. EXECUTED as of the date hereinabove set forth . PUGET WESTERN, INC. �U B � ts Pres ident C'� � Q� � STATE OF WASHINGTON ) � !/ ) ss . �2 COUNTY OF �P�� ) GO On this �5 � day of �,g��,� , 1982 before me, the undersigned, personally appeared L. E. HALL, to me known to be the Presid ent of PUGET WESTERN, INC. , the corporation that exe- cuted 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 , . .�.--------;--�----- tnat he i�s authorized to execute the said instrument. .,... ,,« s� �•�•.°��jd�1;I� NESS my hand and official seal hereto affixed the day and .� . � e � ,. ye�a��bo�v'� written. , ��'� ,' 9 �, .v��, � ry �' � �� t��L�l,�it4�' �,`. - � u 4�r�. _ � , � r-� �, ` . :.� ` �' � '� .r`� �� =�'.�, • %. � �";��;' ' No�ary Public in and for the State ' ",!� ' � �F..��.••` �",�. - ,�k��•'�+"P��,��.�. of Washington, resid ing at �!,��j' t r`�J �STATE'�OF WASHINGTON ) _ ._...� ) S S. COUNTY OF ) On this day of , 1982 before me, the under- signed, personally appeared , to me known to be the of , 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 the said instr ument. WITNESS my hand and official seal hereto affixed the day and year above written. Notary Public in and for the State of Washington, residing at ��itia/S -3- � � . , • .. , ; .. r , , , ' v , , ' � , . . . , �, , _ r EXHIBIT "A" LEGAL DESCRIPTION Water Line Easement That portion of the Burlington Northern, Inc. former 120 foot wide right of way being a strip of land 20 feet wide lying 10 feet on each side of the following described centerline : Commencing at the North quarter of Section 19, Township 23 North , � Range 5 East, W.M. ; thence South O1°22'S7" West along the East � line of the Northwest quarter of said Section 19, a distance of � 873. 48 feet to the North line of the former Burlington Northern � Railroad right of way (Northern Pacific Railroad right of way) ; e-i �?+ thence South 77°27' 14" West along said North line, a distance of � 902. 48 feet to the True Point of Beginning; thence South � 02°14 '42" West a distance of 116. 99 feet; thence South 00°26' O1" East, a distance of 58. 21 feet to the North right of way line of S.W. Grady Way ( 100 feet wide) and terminus of said strip. EXCEPT that portion lying within the Puget Sound Power & Light Company right of way �(Renton Branch of the Puget Sound Electric right-of-way) . �`��E�J FQR` RECOAD �t REQUEST 0� DfFiCE €�F TkE I CITt CIER�f REN�'�!� M�;Pl�CtFAt BLD6. � ' ' 2a0 �fll AVE. SD. j RflVTOt�, WA 98055 �'.; � • - ;,Y:';•�ti�; ,`':�, � .. .. . .. ... .. .I� .r. n•i -4- �nitia/s � � . � y , • � . . . ., ; �" ,r . =^ s._ � y .,,,,,,....J