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HomeMy WebLinkAboutE 8804110203� `p ,. � , • ' _ _ _t�'f _ '. ...._ , .' _ _ � � � � � " _ , , 1 � AGREEMENT AND EASEMENT FOR DRAINAGE CHAi�7NE� - " ' � - - THIS AGREEMENT made this ���_ day of lggg, between PUGET WESTERN, INC. , a Washington c poration Puget Western" herein) , and CITY OF RENTON, ( "Grantee" herein) ; WHEREAS, Puget Western is the owner of a parcel of land in the Northeast quarter of Section 24, Township 23 North, Range 4 East , W.M. , King County, Washington; and � WHEREAS, Grantee desires an easement for a drainage channel � across Puget Western' s land at a location more specifically �� described herein below; O � NOW THEREFORE, in consideration of Ten Dollars ($10.00) and � other good and valuable consideration in hand paid receipt of d' which is hereby acknowledged, and in consideration of the � performance by Grantee of the covenants , terms and conditions � hereinafter set forth, Puget Western hereby grants, conveys and quitclaims to Grantee the following easement : A. A nonexclusive perpetual easement over, across, along, in, upon and under that portion of Puget ' s Western' s land I described in Exhibit "C" attached hereto and by this reference made a part hereof for the purposes of installing, constructing, ' operating, maintaining, removing, repairing, replacing and using a drainage channel, together with the nonexclusive right of ingress to and egress from said portion of Puget Western' s land for the � foregoing purposes ; The terms "Easement" and "Easement Area" in this instrument ' refer to the easement herein granted on Puget Western' s Property described in Exhibit "C" . 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 of construction and maintenance of the drainage channel . 2. Compliance with Laws and Rules . The Grantee shall construct , maintain and use the drainage channel in accordance with any statute, order, rule or regulation of any public authority having jurisdiction. 3 . Use of the Easement Area by Puget Western. Puget Western reserves the rights to develop and use the lands encumbered by this easement for any purpose not inconsistent with the rights granted herein. Puget Western reserves the right to construct improvements, such as buildings, parking and landscaping, over portions of the Easement Area upon securing the consent of Grantee, which consent Grantee agrees shall not be unresonably withheld, having due regard to Grantee ' s facilities . In no event shall Puget Western be alI.owed ta construct a building at grade over the box culvert . Puget Western shall not be liable for any lass or damages to Grantee ' s facilities resulting from Puget Western' s use of the 1 �...�,, �..........1-,.�,-,,.a 4-,,.. f}. e �. .t,.. _ . . . .. _ '"' _..._ .,_1 �,..i�.� �'�S�^..�1.V1�� \�llal�.✓� Ji.aVl♦ 1V.JJ VL �1C11lIClyC 1.7 I due to negligent acts or omissions of Puget Western. Puget Western agrees to use reasonable care. 4. Termination for Cessation of Use . In the event Grantee ceases to use the drainage channel for its intended use for a period of five (5 ) successive years, this Agreement and all Grantee ' s rights hereunder shall terminate and revert to Puget Western. I 1% EX'i,1SE TAX NOT REQUIRE�i � f9LEp f'�� r�C'��,� �=.�. � . ;�'� �,� ,_ King �o. Records Qivisia �n�tia;'- ,R C�� ,� r � .. . ; . . . By'��-� �� %�:E�,...��� •� �, F� .,, .. ._ .. . . ;�_ :: , Depu�y �� t�,_ ._...'� E"�.. .'JLli C:�.�Li. �� of 3- �;:!1.�1/li::, Y�inS�;;�'�„-rnr.l :�;;�^,.3 2-DC-5867 �TTiT;�'T^T.T: GTJS u�'T{SOSd ' � � ', � " �AGREEMENT AND EASEMENT FOR DRAINAGE CHANNEL ' PUGET WESTERN, INC. - CITY OF RENTON 5. Release of Drainage Channel on Termination . No termination of this Agreement shall release Grantee from any liability or obligation with respect to any matter occurring prior to such termination, nor shall such termination release Grantee from its obligation and liability to remove the drainage channel facilities from Puget Western' s parcel and restore the ground . 6. Removal of Drainage Channel on Termination. Upon any termination of this Agreement, Grantee shall promptly remove from the Easement Area its drainage channel facilities and restore the ground to the condition now existing or, in the alternative, take � such other mutually agreeable measures to minimize the impact of � the drainage channel on Puget Western' s Property. Such work, removal and restoration shall be done at the sole cost and expense Q of Grantee and in a manner satisfactory to PUget Western. In case � of failure of Grantee to so remove the drainage channel � facilities, restore the ground or take such other mutually agreed � upon measures, Puget Western may, after reasonable notice to �o Grantee, remove the drainage channel facilities, restore the ground or take such measures at the expense of Grantee, and Puget Western shall not be liable therefor . 7• Third Party Rights . Puget Western 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 Agreement . 8. Release and Indemnity. Grantee does hereby release, indemnify and promise to defend and save harmless Puget Western from and against any and all liability, loss, cost, damage, expense, actions and claims, including costs and reasonable attorney' s fees incurred by Puget Western 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 Puget Western in its use of Puget ' s Property which affect Grantee' s employees , agents, contractors , and other parties benefiting from said drainage channel ; provided, however, this paragraph does not purport to indemnify Puget Western against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of Puget Western or Puget Western' s agents or employees . 9. Title . The rights granted herein are subject to permits, leases, licenses and easements, if any, heretofore granted by Puget Western affecting the property subject to this Agreement . Puget Western does not warrant title to its property and shall not be liable for defects thereto or failure thereof . 10. Notices . Unless otherwise provided herein, notices required to be in writing under this Agreement shall be given as follows : If to Puget Western: Puget Western, Inc . One Bellevue Center, Suite 1100 411 - 108th Avenue N.E. R�.i i .. ..,A �n�,� � __ ___ . __, ,... �,,.,., . If to Grantee : City of Renton 200 Mill Avenue So. Renton, WA 98055 ATTI�: Director 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 registered mail, return receipt requested, �ri ia/S FF� � i'r � ���+�!;:,�f , .�i !".� . � __�i �6'. a �'• ,�i _ . .. ; �r �. _ "�:.t . � :\'i.`..;i:. .; i- . _�, . .. ..:.:. �. __:)�_ -2 of 3- E��._�V��, 1��4�.;�:,:�::::�;� �E��3 2-DC-5867 � � AGREEMENT AND EASEMENT FOR DRAINAGE • PUGET WESTERN, INC. - CITY OF RENTON oz upon delivery thereof if otherwise given. Either party may change the address to which notices may be given by giving notice as above provided . 11 . Successors . The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns . 12. Liability. In the event of any assignment of the rights hereunder , the liability of Grantee and its assignees shall be Ojoint and several . 0 EXECUTED as of the date hereinabove set forth. r-f � ACCEPTED: I � � CIT OF RENTON PUGET WESTERN, INC. By gy /C , Ear C1 mer, ayor President ATTEST: ,¢J Maxine �. Motor, CMC, City Clerk STATE OF WASHINGTON ) ) SS . COUNTY OF KING ) On this �� � day of ��,��:,y , 1988, before me, the undersigned, personally appeared W. E. WATSON, to me known to be the President of PUGET WESTERN, INC. , 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 instrument . WITNESS my hand and official seal hereto affixed the day and year above written. _ ---.�---� _ _ _ --�' . . ,-c__'-. _ -:;�i1� /li'- _ /'• ,��-L-- ���' �. Notary Public in and for the �State o � - . . Washington, residing at �,;t� � � My commission expires � - iy - �ic � • , � � �. •; • .��. .� � _�: `�W_�_..._... ,...J :- - -" - 3�- _ _ �..; . � ._ C-7. ` �. - _ �"' - ...__ � _-� �_ �+ �< � . � =z FIL.EC� F��� ��E�t;�, f`.� F:���'�ST OF: ��. .._ . .-. _ :-;�; F,'. .L � - : �., _ ,';,�.. C`;'��i_�:L:J P�-�., .='t E � ..��� u�i]�. 6�=LLEVi.i�, 4't;%�;;F�ii��-TO��! °�'309 -3 of 3- 2-DC-5867 . �• . . � , ,� .� L C I TY OF RENTON �.�p�"�r,!i l�: � PUGET NESTERN . TARGET SURVEYORS, INC. � Job No. 86-16B January 28, i9gg (Puget Western Property) � (PARCEL 'C`) LEGAL DESCRIPTION � That portion of said �outhwest quarter (SW4) of the �ortheast quarter (NE4) and � northwest quarter (N�t ) of the southeast quarter (SE ) of Section 24, Township 23 � North, Range 4 East, W.M. described as follows: � H Commencing at a concrete monument in case which marks the east quarter corner of � said section; � Thence north 0°35'S3" east along the east line of said section a distance of � 245.37 feet to the southerly margin of State Route 405 as approved October 31, 1961; Thence south 86°19'S1" west along said margin a distance of 1340.63 feet to an intersection with the east line of said subdivision and the TRUE POINT OF BE6INNING; Thence continuing south 86°19'S1" west along said margin a distance of 100.00 feet, a point which is 140.98 feet southwesterly of the centerline of proposed Oakesdale Avenue S.W, as measured at right angles thereto, as said centerline is shown on the plans entitled "Oakesdale Avenue S.W. improvements, S.W. 16th street to S.W. Grady Way", dated September 25, 1987, as prepared by CH2M Hill for the City of Renton; Thence south 28°45'31" east parallel to said cent�rline, a distance of 201.31 fe�t to the easterly line of the northwest quarter (NW ) of the southeast quarter (SE ) of said section; Thence north 0°55'53" east along said subdivision line a distance of 78.60 feet to the northeast corner of said subdivision; Thence north 0°53'49" east a�ong the easterly line of the southwest quarter (SW4) of the northeast quarter (NE ) of said section a distance of 104.36 feet to the POINT OF BE6INNING. The bearings and distances herein refer to the certain survey entitled "Oakesdale Avenue Southwest Control and Topographic Survey" for the City of Renton sheets one through three dated April 20, 1986 under Job No. 86-16 and also shown on Exhibit Map No. 1 which by this reference is made a part hereof. 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