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HomeMy WebLinkAboutE 8501030451 � J ` � f ♦ � � � , � 7 , /� t./ �, UTILITY EASEMENT �, PACCAR Inc ( "GRANTOR" ) , in consideration of the sum of One Dollar ($1 .00 ) and other valuable consideration, receipt of which � is hereby acknowledged, hereby conveys and quit-claims unto the City of Renton, a Washington municipal corporation ( "GRANTEE" ) , � nonexclusive easements to construct, operate, maintain, recon- struct, inspect and remove a fire hydrant and appurtenant water lines (as to Parcel A) and a water meter vault and appurtenant rl water lines (as to Parcel B) upon GRANTOR' s land, situated in King � County, State of Washington, described as follows• � �3�;'i�1�'Q� #0451 E �„� RE�•C� F �.C++� � PARCEL A (Fire Hydrant) �p1H��' *���*�•��� � That portion of the S.E. 1/4 of Section 8, T. 23 N. , R. 5 E.W.M. , in the City of Renton, King County, Washington described as follows: Beginning at the N.W. corner of said S. E. 1/4; thence S. 89� 28 ' 19" E. , along the north l.ine of said subdivision 455 . 18 feet to the intersection of tre east � line, projected northerly, of Houser Way N. , as recorded under auditor ' s f.ile No. 5913625; thence S. 18° O1 ' 34" E. along said east line 125 .47 feet to a point of curve; thence continuing southerly along said east line along the arc of a curve to the right, with a radius of 603 . 69 feet, through a total angle of 19° O1 ' 00" , 200 . 37 feet to a point of tangency; thence S. 0° 59 ' 26" W. along said east line 37 . 21 feet to a.n intersection with the southerly right of way line of Burlington Northern Inc . railroad, said point being in the arc of a. curve whose center bears S. 47° 00 ' 38" W. ; thence S. 5� 59 ' 26" S.W. along the east line of vacated Houser Way 1506.28 feet to the true point of beginning; thence 35 feet east on a line bearing S. 89° 0 ' 34" E. ; thence 35 feet N. 0° 59 ' 26" E. along a line parallel to the east line of vacated Houser Way; thence 35 ' west on a. line bearing N. 89° 0 ' 34" W. to the east line of vacated Houser Way to the true point of beginning; being an area of 0.028 acres, more or less . PARCEL B (Meter Vault) That portion of the S.E. 1/4 of Section 8, T. 23 N. , R. 5 E.W.M. , in the City of Renton, King County, Washington described as follows: Beginning at the N.W. corner of said S.E. 1/4; thence S. 89° 28 ' 19" E. along the north line of said subdivision 455 . 18 feet to the intersection of the east line, projected northerly, of Houser Way N. , as recorded under auditor ' s file No. 5913625; thence S. 18° O1 ' 34" E. along said east linP 125 .47 feet to a point of curve; thence contin- uing southerly along said east line along the arc of a curve to the right, with a radius of 603 . 69 feet, through a total angle of 19° O1 ' 00" , 200 . 37 feet to a point of tangency; �,y% S�� �1-- �'s- -1- , ' , � . . • � � ` • ' , � thence S. 0° 59 ' 26" W. along said east line 37 . 21 feet to an intersection with the southerly right of way line of Burlington Northern Inc . railroad, said point being in the arc of a curve whose center bears S. 47° 00 ' 38" W. ; thence S. 5° 59' 26" S.W. along the east line of vacated Houser Way 1157. 76 feet to the true point of beginning; thence 25 feet east on a line bearing S. 90° 0 ' 34" E. ; thence 25 feet N. 0� 59 ' 26" E. along a line parallel to the east line of vacated Houser Way; thence 25 ' west on a line bearing N. 89° 0 ' 34" W. to the east � line of vacated Houser Way to the true point of beginning; � being an area of 0.014 acres , more or less , t7' 4 Oas each such Parcel is more particularly shown cross-hatched r„� on map attached hereto as Exhibit A and by this reference Q incorporated herein. Said Parcel A and Parcel B are herein � collectively referred to as the "Easement Areas . " I TO HAVE AND TO HOLD said easements unto GRANTEE and its successors and assigns forever, subject to the covenants and conditions hereof, which GRANTEE by its acceptance of this easement agrees to fully perform. l . Subject only to the rights expressly granted in this easement, GRANTEE reserves all rights with respect to the Easement Areas including, without limitation, the right. to grant additional ease- ments, licenses and permits therein to others, the right to install utilities and other fixtures or improvements over, upon, across and under the Easement Areas; and the right to locate structures with permanent foundations within the Easement Areas ; PROVIDED HOWEVER, that no surface structures shall be located within 5 feet horizon- tally of GRANTEE ' s utilities installed under this easement without GRANTEE ' s prior written consent (which consent GRANTEE agrees not to withhold unreasonably) . GRANTOR shall not be liable to GRANTEE, or to GRANTEE' s employees, agents, contractors or users of GRANTEE ' s property, for loss or injury resulting from any damage or destruction of GRANTEE' s facilities d.irectly or indirectly caused by GRANTOR ' s use of the easement area or GRANTOR' s facilities on the easement area, excepting only loss or injury which results solely from GRANTOR' s failure to exercise reasonable care not to damage or destroy GRANTEE ' s facilities installed within the easement area . 2 . GRANTEE does hereby release, indemnify and promise to 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, asserted 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; PROVIDED, HOWEVER, this paragraph does not purport to i.ndemnify 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 . -2- � . ` e • • � i' ' ' t ' '1 � � J , 3 . GRANTEE shall at all times maintain the Easement Areas in good and safe condition and repair. 4. If either Parcel A or Parcel B ceases to be used by GRANTEE to provide fire (as to Parcel A) or domestic (as to Parcel B) water service to the building presently served thereby (at the street address of 480 Houser Way N. , Renton) , then the easement herein granted as to such Parcel shall terminate, and al_1 rights , inter- � ests and privileges granted hereund.er shall revert to the GRANTOR, � its successors and assigns . Upon a.ny termination of this easement, � GRANTEE shall promptly remove from the terminated Easement Area any � facilities installed by GRANTEE, and shall restore the terminated � Easement Area to its condition prior to such removal . � 5 . Notices given under this easement shall be given as follows : m If to GRANTOR: PACCAR Inc c/o Plant Manager Pacific Car and Foundry Company 1400 N. 4th Street Renton, WA 98055 If to GRANTEE: The City of Renton Department of Public Works 200 Mill Avenue South Renton, WA 98055 Either party may change the address to which notices may be given by giving notice as above provided . 6. GRANTOR hereby further sells and delivers unto GRANTEE the following described property installed in Parcel A and Parcel B: (a) Approximately 60 lineal feet of 8 inch ductile iron pipe, 10 lineal feet of 3 inch galvanized pipe, two 8 inch and two 3 inch gate valves, 1 inch by 1 inch detector check valve, one 3 inch compound water meter, two 4 foot 8 inch by 7 foot 0 inch by 7 foot 0 inch concrete vaults, and all appurtenances pertaining to said water service, as now installed in Parcel B; and (b) Approximately 30 lineal feet of 6 inch ductile iron pipe, one 5 inch MFD fire hydrant assembly, one 6 inch self tapping gate valve and all appurtenances pertaining to said fire water main, as now installed in Parcel A, TO HAVE AND TO HOLD the same to the GRANTEE and its successors and assigns forever. The foregoing sale and delivery are intended to transfer to GRANTEE all of GRANTOR' s interest in -3- � . . � . . .. .. • , • �. . . . . . , the foregoing described property now installed in Parcels A and B, whether such property is correctly characterized as realty or personalty. This easement has been executed this � day of December , 1984. t•i � GRANTOR: •.... , � PACCAR Inc (SEAL) `���E�:`�Y `j�"��, C"� � '�,,b6� +%' '- •�- B � � -�, ,� cLti�r,��.���" '• � y _ Attest: �y.��� ll� i co z o � ��Zr/ Secretary i4 � ,�i//a�✓�bE�z . � ...�.,.. �� . ����a� +�,!•tl'V:."`�'��+ STATE OF WASHINGTON ) . ,,,,,, ) ss . COUNTY OF KING ) / On this day of December, 19$4, before me personally appe ed Phi 11 i E.Gladfel ter and E. A. Carpenter, to me known to be th nd Secretary, respectively, of PACCAR Inc , the corporatio that xecuted the within and foregoing instrument, and acknowledged the same to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year first above written. ,� •����', �.vf".�... � _. - _ . . ,: �:n r 4*� r\,��e Ef[�ri��=',� � otary Public in and for th State ' �i q'�' �",�,'•,�=,, of Washington, residing at :.a "= �,• _o ea n � �� ��� ,� �, �` ��r�:� � �i 2� � ����- ;; ;„� �tqA ,`� ^ � r �`'� :�� ' atON OF � ,,ri1 r , ;.�rf�?N`.': `�rELL �"��` Klt�', �``)llNi �r , _ . , ._ . -.�• � .t�? !� i r✓iiW+�r+i� �{i i+f��4".s . :'�w # ,r� J�1 . .......... . , . �r� . • . e -4- y,� •.� .1 8561030451 __� . � � ___ � - IL'� CIT.Y�WATEf1 fEXISTIN61 �-TNf1l�?T dLOGK W _ --- -- —- - --- - - - --W — -- —W-- - W— �o►��[�.sT- -- Ex�sriHi a"NRS r.ATt VA�vE N�W S"t/1P'rII�IG iA'fE VALV� � � .� •69�souTN (/�■M�) V�/flCN�.Dw�Y P3oX . (MJ1 W/ROADw/+7 CoK Go' STKElT -- --- - --- - ? 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