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�IIEp FQR RECQRD AT REQUE$T OF EP17.za.�
OFFI�� QF THE CITY CLERK
RENTON MUNICIPAL BLDG. "' ��='Y,�. ,� a• -��� —�.� 4 t
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R�NTON, WA 98055 + 'gl ����:�:_�-:��_ a�a �-��_�
EA�ENT AGREEMENT �-.�: ��, ,x.,¢,;�.,�,,�r �.-
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THIS AGREEMENT, made this day'��y �and`Eb�tween THE CITY OF SEATTLE, a
municipal corporation of the State of Washington, hereinafter called "City",
and THE CITY OF RENTON, a municipal corporation of the State of Washington,
hereinafter called "RENTON", WITNESSETH:
That for and in �ons�deration of ONE and NO/100 Dollar ($1.00) , the
mutual covenants and agreements hereinafter set forth, and other valuable
considerations, it is agreed by and between the parties hereto as follows:
1. City hereby grants to Renton, and to such municipal corporations
as may become its successor by reason of incorporation or annexation of
territory, including all or any part of the area below described, an ease-
ment for public roadway and storm drainage purposes, for the improvement of
Beacon Way South at South 7th Street over, under and along a portion of
City' s Cedar River Pipeline right of way (CRPL R/W) , said easement being
more particularly described as follows:
That portion of the Southwest Quarter of Section 17, Township 23
North, Range 5 East, W.M. , King County, Washington, described as
follows:
�. Corr�nencing at the southeast corner of said Southwest Quarter; THENCE
� west, along the south line thereof, to the northeasterly margin of the
OCity of Seattle's Cedar River Pipeline Right-of-Way and the True Point
� of Beginning; THENCE continuing west, along the south line of said
southwest quarter, to a point on the southerly extension of the east
� line of Tract 42, Plat No. 1 of Renton Co-operative Coal Company' s
Acre Tracts, according to the plat thereof recorded in Volume 9 of
� Plats, page 29, records of King County, Washington; THENCE north,
along said southerly extension, to the hereinbefore described pipeline
right-ef-way marg�n; 7HENCE so��theasterl„ ?1on� said tl?3rgjn, +� t�p
True Point of Beginning.
AND
That portion of the Northwest Quarter of Section 20, Township 23
North, Range 5 East, W.M. , King County, Washington, described as
follows:
Commencing at the northeast corner of said Northwest Quarter; THENCE
west, along the north line thereof, to the northeasterly margin of the
City of Seattle's Cedar River Pipeline Right-of-Way and the True Point
of Beginning; THENCE continuing west, along said north line, to the
southwesterly margin of said pipeline right-of-way; THENCE
southeasterly, along said southwesterly margin to the east line of the
hereinbefore described northwest quarter; THENCE north, along said
east line to the hereinbefore uescribed northeasterly pipeline right-
of-way margin; THENCE northwesterly, along said margin to the True
Point of Beginning.
(Containing an area of 8051 sq. ft. , or .18 acre, more or less.)
2. City retains the right to grant or deny permission to use or
occupy the easement area for any other purpose, including use by non-City
utility agencies; provided that such use or occupancy shall not unreaso-
nably or permanently conflict with the roadway and drainage purposes herein
granted; and provided that such non-City utility agencies shall be required
to restore roadway in accordance with Renton standards.
3. In th� event Renton, or such other municipal corporation as may
have become its successor with respect to the subject property, ceases to
use said described area for roadway and storm drainage purposes, as evi-
denced by abandonment, vacation or in another manner, the easement granted
herein shall forthwith terminate.
EXCISE TAX NOT REQU�RED
King C�p. rds Oivision
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EP17.24.2
4. Renton shall be responsible for the design, construction, main-
tenance and safety of a roadway, together with storm drainage facilities,
within said easement area, which shall be at no cost or expense to City.
The use of said property by Renton for roadway and storm drainage purposes
shall in no way interfere with the present or future use of said property
by City for overhead or underground electrical transmission or distribution
facilities, for water pipelines or for other purposes.
5. City shall have the right to install , repair, replace, maintain,
operate and make lateral connections to any of its electrical transmission
and distribution facilities, pipelines and related facilities or other City
improvements within said easement area, provided that Renton shall be
notified in advance of any such work, except when an emergency exists.
City shall immediately notify Renton of any direct interference or damage
to roadway, storm drainage facilities or other Renton improvements caused
by or resulting from any City work or operation within said easement area.
Renton shall proceed to take such action(s) as may be necessary to ensure
the integrity of Renton improvements and the safety of the public. City
shall not be liable for damage to roadway, storm drainage facilities or
other Renton improvements within said easement area, or for the relocation
of said roadway, storm drainage facilities, or other Renton improvements by
reason of such work or operations.
6. It is expressly understood and agreed that before any construc-
tion, improvement, maintenance, or substantial repair of roadway and/or
storm drainage facilities within the easement areas are made by Renton or
its agents, plans shall be supplied to City's Department of Water for
approval prior to the commencement of work. Such plans sha11 indicate the
� permanent grade established and depth of cover over any existing pipelines
� and other existing utilities, and shall show the drainage pattern within
� the vicinity. No such construction or improvements for roadway and/or
O storm drainage purposes shall be undertaken without the approval , in
� writing, of City's Superintendent of Water. Forty-eight hours' notice
� shall be given to City's Water Department prior to performance of such
O construction or improvements.
�' 7. A minimum of four (4) feet of cover to the finished roadway grade
shall be established over the pipelines at the final grade. Maximum cover
shall not exceed five (5) feet unless approved, in writing, by the Seattle
Water Department.
8. All alterations, moving or adjusting of pipelines and/or other
City facilities required by the construction of improvements for roadway
and/or storm drainage purposes undertaken by Renton shall be performed by
City at no cost to City.
9. Renton shall be liable for, and pay throughout the term of this
use, any State Leasehold Excise Tax, all taxes and assessments on the
improvements of Renton installed, operated and maintained on the City's
property, any taxes on any property interest deemed by the County assessor,
or other official of the State of Washington or other taxing entity respon-
sible therefor, created by this easement and shall otherwise fulfill all
fiscal obligations required by law.
10. Renton shall defend, indemnify and hold harmless City, City's
officials, employees, agents, and representatives from and against any and
all claims, liens, demands, actions, costs, losses, expenses, harm, dama-
ges, and liability of any kind or character asserted or arising from, on
account of, or in connection with: (a) Renton's exercise of the rights,
benefits and privileges granted to Renton by this Agreement or any breach
of this Agreement by Renton, (b) the acts or omissions of Renton (and
Renton's officials, employees, agents, consultants, contractors, represen-
tatives, licensees, invitees, or visitors) in or upon the easement area or
(c) any damage to or failure of the roadway, storm drain or other Renton
improvements (whether due to the acts or omissions of the Renton or any
other cause) resulting in any damage or injury to any person or property,
or any interest of any person or entity whatsoever; provided however,
nothing herein shall require Renton to so indemnify and hold harmless City
to the extent of the negligence or other fault on the part of City, its
officials, employees, agents, consultants, contractors, representatives or
licensees.
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EP17.24.3
11. This agreement and each of the terms, provisions, conditions and
covenants herein shall be binding upon and inure to the benefit of the par-
ties hereto and their respective successors and assigns.
IN WITNESS WHEREOF, pursuant to the provisions of Ordinance No. 115705
of The City of Seattle, said City has caused this instrument to be executed
by its Mayor and City Comptroller.
Dated this �'� day ��' 19�1 .
THE CITY OF SEATTLE ACCEPTED BY THE CITY OF RENTON
BY: � BY:
Norman . Rice, Mayor or
AT EST:
ATTEST: gy•
Norwoo . Brooks, Ci y troller City c �—/—g/
STATE OF WASHINGTON )
) ss.
�, COUNTY OF KING )
� and I certify th t I know or have satisfactory evidence that q �
� �ari�uh :'� e.-�ex'Se� signed this instrument, on oath stated t at
they w�uthorized to execut t e i tru ent and acknowledged it as t e
and the �i , respectively, of the
0 City of Ren on to be the free an oluntary act of such parties for the
�y uses and purposes mentioned in the instrument.
Da ed: �II
otar ub c in and for the State of
Wash n on, residin
at
I
My appointment expires �-q
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that NORMAN B. RICE
and NORWOOD J. BROOKS signed this instrument, on oath stated that they were
authorized to execute the instrument and acknowled�ed �t as the MAYOR and
CITY COMPTROLLER, respectively, of THE CITY OF SEATTLE to be the free and
voluntary act of such parties for the uses and purposes mentioned in the
instrument.
Dated: 7 ��9�
�C�1
Notar P ic in and for the State of
Washing , r ' ing
at
My appointment expires oY t�'�
APPROVED AS TO FORM AND LEGALITY
BY:
Renton City Attorney
DATE:
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