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Home My WebLink AboutE 8212090481 � ' ` - .�..�....�.;;....�...._r.__--__.._.._ - _.. .�. �..�,..._._._,..,-.;_"::_._'_._-_ . .; .. . �..__._ ____...s�. .�..�: ' r � �L�� ', ,. ' ' i ' � �== ',..-� cn"�i� ' ` ` ; f .�- � —►�`'�� _ . , ' E � -= �-.. v�� 4 �. �.�+ '�3 ^ � r �� :fi�✓ e �� ' ��-�i ' i •'� Q-� �- S._�, �~' ,�� r ; � - j y.��✓ �S_: � r : .�.- �+-.,. �""'!��'f- S�- �;}:•'�;:�s iy �:i;#�i �:, AGREEMENT AND EASEMENT FOR SEWER �;Ft,G= �' �a:]i�� N':N:=�� ::�::�::�:��►� .-,.-, ii THIS AGREEMENT is ma�r�e ��a� 29 day bf October • , 1982, by and betWeen V��Y' GENERAL HOSPITAL "Grantor" and THE CITY OF REL�ON, Washington ("Grantee" ) . � In consideration of good and valuable consideration in hand � paid, receipt of which is hereby ,acknowledged, which amount � includes c�mpensation for that temporary right set forth here- � inbelow, and in consideration of the performance by Grantee of � the covenants, terms and conditions hereinafter set forth, � Grantor hereby conveys and quitclaims, including any after- � acquired title of Grantor to Grantee the following easements: A. A nonexclusive easement across, along, in, upon and � under Grantor'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, replacing and using a sanitary sewer line with con- ne�tions and underground appurtenances thereto (the "sewer line" ) . B. A temporary nonexclusive easement for purposes neces- sarily and reasonably related to the construction of the sewer � line across, along, in and ugon Grantor's property described in Exhibit B attached hereto and by this reference made a part hereof, said easement to commence on the date of this instru- ment and to terminate on the date construction thereof is com- � pleted or upon December 31, 1982, whichever shall first occur. The terms "easement" and "easement area" in this instrument refer to the easement on the property described in Exhibit A and, for the period of its duration, the easement on the prop- erty described in Exhibit B. 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 e Cost� of �onstruction an�l i�air-��nanee. Grantee shall �aear and promptly pay all costs and expenses of construction �.�nd maintenance of the sewer line. 2. Compliance with Laws and Rules . Grantee shall at all times exercise its rights herein in accordance with the re- quirements of all applicable statutes, orders, rules and , � �egulations of any public authority having jurisdiction. ' 3. As-Built Survey. Upon Grantor 's request, Grantee shall promptly provide Grantor with as-built drawings and a survey showing the location anc� depth of the sewer line on Grantor' s property. 4. Work Standards. All work to be performed by Grantee on Grantor s property shall be completed in a careful and work- manlike manner free of claims �f liens. Upon completion of construction of th� �rtaon of the sewea �ine on Grantor 's propertys and �pe�a� c��rn�,ale�iai: aff any� sr��equent work performed by Grantee era� �rantor's property, Grar.tee sha11 remove all deL:.is and restore the surface of the property as nearly as 1% EXCISE TAX ItilOT RE�UIRED , Eiing C�. Re�erUa u,v,sien �y ' , E��;;y . ' � ' j � r' '` � __- __-_` i • � ' ♦ � ` Y � � � � � t ♦ # 4 � I I � � � � �I f A ��__ _.--�------- • f . . � . , ) r • � ! •T � . i �[ . . � F � � • ' possible to the condition in which it was at the commencement of such w�rk, a�d shall replace any property corner monuments, survey referenc�� ¢�r hubs which were disturbed or destroyed � during construe�ie�na � � 5. Restriction on Access by Grantee. Grantee shall exer- � cise its rights under this Agreement solely on the Property � described in Exhibits A and B, and shall not have ingress or �2 egress over any other part of Grantor's land. e-+ � 6. Use of Easement Area by Grantor. Grantor retains the right to fully use and enjoy the easement area, including the right to use the surface to the extent such use does not inter- fere with Grantee 's rights hereunder. Grantor agrees not to erect buildings or structures over the easement area for the duration of this Agreement. , 7. Use of the Easement Area by Others . Grantee has been �� advised and is aware that the property subject to this Agree- ment is subject to one or more prior grants of easement, in- cluding without limitation a grant of easement to Puget Sound Power & Light Company which has located and does maintain an underground electrical system thereon. Grantee hereby agrees to faithfully perform any covenant or agreement it may have � with Puget Sound Power & Light Company with respect to Gran- tee 's use of the easement area. Grantee further agrees to deliver to Grantor the written consent of Puget Sound Power & Light Company to recordation of this Agreement prior to record- i ing same. Grantor hereby expressly reserves all rights with respect to its property, including without limitation the right to grant or modify easements, licenses and permits to others subject to the rights granted in this Agreement. 8. Termination for Breach. In the event Grantee breaches i or fails to perform or observe any of the terms and conditions ' herein, and fails to cure such breach or default within ninety I (90 ) days of Grantor' s giving Grantee written notice thereof, ' or, if the breach or default is not susceptible of cure within ninety (90) days, to commence to cure within such period and th�reaft�r 3il�gently proceed to �o�plete such eare, tn�n ' Grantor may terminate Grantee 's rights under this Agreement in addition to and not in limitation of any other remedy of Gran- tor at law or in equity, and the failure of Grantor to exercise such right at any time shall not waive Grantor 's right to terminate for any future breach or default. 9. Termination for Cessation of Use. In the event Gran- tee ceases to use the sewer line for a period of five (S) suc- cessive years, this Agreement and all of Grantee 's rights here- under shall terminate and revert to Grantor. 10. Release of Obligations on Termination. No termination i�i .�'.ial.,�, r'�,L��oE::.^.�^t S::dZ� r��33? �r�.n*ee �T9II: dL1fV liabiiity Ot obligation with respect to any matter occurring prior to such termination, nor shall such termination release Grantee from its obligation arad liabiTi�y to remo�re the sewer line from Grantor' s property and restore the premises. -2- 070682/3/6028R � t ' ♦ II I I I I � I� I 1 � � . ; ' . . i r 11. Removal of Sewer Lir�� a�a '�er�ination. Upon any ter- mination of this Agreement, Grantee shall promptly remove the sewer line from the easement area and res��rg�: �he ground to the condition now existing, or, at Grantor' s discretion, take such � other mutually agreeable measures to minimize the impact of the � � sewer line on the property. Such work, removal and restoration shall be done at the sole cost and expense of Grantee and in a � manner satisfactory to Grantor. In case of failure of Grantee � so to remove the sewer line, restore the property, or take such t,,,� other mutually agreed measures, Grantor may, after reasonable � notice to Grantee, remove the sewer line, restore the ground or � take such measures at the expense of Grantee, and Grantor shall not be liable therefor. 12. Release and Indemnity. Grantee does hereby release, indemnify and promise to protect, 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, assert- ' ing or arising directly or indirectly on account of or out of any acts or omissions of Grantee and Grantee ' s servants, agents, employees and contractors. 13. Title. 'I'he rights granted herein are subject to per- mits, leases, licenses and easements, if any, heretofore � granted by Grantor affecting the property subject to this Agreement. Grantor does not warrant title to its property and shall not be liable for defects thereto or failure thereof. 14. Notices. Notices required to be in writing under this Agreement shall be given as follows: If to Grantor: Administrator Va ey enera ospi a 400 South 43rd Street Renton, Wa 98055 If to Grantee: iia��or. � 200 iiill r.ve. S . r.enton, cii� 98055 , Notices shall be deemed effective, if mailed, upon the second day follo�ving deposit thereof in the United States mails, postage prepaid, certified or registered ' 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. 15. Assignment . Grantee shall not assign its rights here- under without the prior written consent of Grantor which con- sent shaal not be unreasoraably withheld. No assignment of the privileges and benefits accruing to Grantee herein and no as- signment of the obligations or liabilities of Grantee herein, whether by operation of law or otherwise, shall be valid with- out the urior written consent of Grantor, which shall nat be unreasonably withheld. -3- 070682/3/6028R . ' � ` . � i='' ' . , . , , . . r 4 �T ry f � � � ' . � ' 1 �`:�s.Is�'ts�� lr�m Y;...��`�4j=,,,9 ��'t �.^� w`��.• � Vf • ' • K�`"' ��`"'-��:*,i��, t � � �� 16. Successors. Subject to t�:e precedin4 paragraph, the rights and obligations of the parties shall inure to the bene- fit of and be bindinc� upa� their respective successors and assigns. � EXECZP!'�D as of the date hereinabove set forth. � C p� GRANTOR: O � VALLEY ENERAL H PITAT� � � � By , Its � � GRANTEE: . THE CITY OF RENTON �, BY �t�xt�o�ta.).� • SR�n.�o, ��;I,�::` ' , i _ Its iKayor � . - ., , - - , . - Attest : � ' - STATE OF WASHINGTON ) = �� . , � "�' ' � C OUNTY OF ��1'U � � s s. ��`!� �a-� � -,�� ° � � Acting City Gl'er'1�' �, . ..y � :, y4�� • � �s •s5•.� � On this � day of ��,�d�'i� , 1982, before me, the undersign�i�d', a Notary Public in and for the State of Wash- ingto , duly commissioned and sworn, personally appeared ", (,�y'(,�c , to me known to be the person who signed as VVl,1,'Yl,� �(1-GZ�'Q� of VALLEY GENERAL HOSPITAL, the corpora- tion 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 duly elected, quali- fied and acting as said officer of the corporation, that he was authorized to execute said instrument and that the seal af- fixed, if any, is the corporate seal of said corporation. ..-.�... WITNESS my hand and official seal hereto affixed.,�'.the��day . and year in this certifica�e above written. _�^��:':•`y . ' :. ,' ,,i � � �,^n y" {'' ,-�j�yti,s�A•. •� . , . ,.. " (/i'1.�� .� ,t� ' � �'�- .-��4„ - RY PUBLIC in and for �,h�. �.ate�;�`� . Y � of ashington, residing at'�•..`'� � STATE OF WASHINGTON ) ) ss. COUNTY OF K I N G ) On this I 6-� day of �� ,,�,D,,A„�, , 1982, before me, the undersigned, � Nc�tary Pub�.lic in and for the State of Wash- ington, duly cammissioned and sworn, personally appeared � t� I Cr�,� cl, , to me known to be the persons who signed as ` of THE CITY OF RENTON, the corporation -4- 070682/3/6028R _�� ..�'�"� • . � � i I �i i ,�-. I I . , /�'•�- � � � � • � , : f �# ' • _ � . -. .. � that exece��ted t�'lt�� h:in arad foregoing instru��nt, and acknowl- edged said instrument �o Ibe. the free and voluntary act and deed of said corporation for t�e u es nd purposes therein men- tioned, and on oath stated that��w��" duly elected, qu �ified - and acting as said officer5 of the corporation, that �� `"� authorized to execute said instrument and that the seal af- fixed, if any, is the corporate seal of said corporation. � WITNESS my hand and official seal hereto affixed the day � and year in this certificate above written. � ,,tnNt't��rt�rrr �� ,+`�t��,�,ti�t''� � +:L 1 � � L. • • , .�`. . � NO RY PUBLIC in and for ,the State ' � of Washington, residing�at ��o� v; . � �. " -,,� � ...... � ��, �., •., . � ,, �,.. ., . .�� '•��,... .. � STATE OF SHINGTQ?>1 ) ) ss . COUNTY OF ) On this d of , 1982 , efore me, the undersigned , a N ary Public in and for the S te of Wash- ington, duly commission and sworn, personal appeared , to me k wn to be the _ erson who siqned as of P T SOUND P R & LIGHT CO. , the corporation that executed the ' thin nd foregoing instrument, and acknowledged said instrument be the free and voluntary act and d.eed of said corporat ' fo the uses and purposes there- in mentioned, and on oath ated that e was duly elected, quali- fied and acting as said ficer of the poration, that he was authorized to execut said instrument and at the seal affixed, if any, is the c orate. seal of said corpor ion. WITNES my hand and official seal hereto affi d the day and year i is certificate above written. C in an e ! ^ n, res . -5- 070682/3/6028R ' �`? �Ur3 . .- � >�.� v � � � --, . � _ ,� . �l. ..�� . r �� . ,� �`--� �- , I � � i I � . , I � :� ,� • ' • � , . , • . . _ � . . . . .. .__ .. .... .,. . .... . ...._ . ,._... ... _ _ _ r , , . _ • ` . • „ EXHIBIT "A" A strip of land 15 feet in width with its westerly margin coincident with the easterly margin of SR 167, Orillia lnterchange, in the northwest quarter of the northeast quarter of Section 31 , Township 23 Nortn, �ange 5 east, W.M. , in King County, Washington; said strip being bounded on the south by the northerly margin of S. 43rd St. as defined by deed filed under recording number 7307090451 , and extending 635 feet to the north � as measured along the westerly margin of said strip. � �?+ � 0� � � c�! � � • ) . t.. .. ::.w . .. .. . ,. .., .0 �_.... .:.......�. . .. ... . .. . ...,: ... . .. ... • '. . _ . . , � . � _'� . � � , � EXHIBIT � "'B" A 15 foot wide strip of land lying immediately adjacent to and easterly of the 15 foot wide strip as described in Exhibit "A"� ri � '� G � 0 � � � � . ' . � -------- . " ��. . ,s . ' . � � ' • , . � � � � f --------------—---