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Home My WebLink AboutE 9410241513 Y 9r�+M9v.we^e^wr�=-nv a+v�r.�ux �n , ' . � � ��Fw t�''µ.:.��`��` �'0-03 3' . � � ' � .,� � � � �C� � � ��9� � � EASEMENT AGREEMENT � �;�r..i�� G�;.-!;��±'. � - r:� �C�U�,=i i_�4-'r j-,,,,v....�� ' �i.:,,.�,� .,..,.�,,, y��.,.,_,�.w.,.�, � THIS EASEMENT AGREEMENT (the "Easement" ) is made ' this -� j,`� day of v4C�S�i , 199� , by and between ; �.}'��.��,�,� �'"' ��f�v,�d,,�� ( "Grantor" ) and the City of Renton, a � municipal corporation of the State of Washington ( "Grantee" ) . , RECITALS A. Grantor owns certain unimproved real property lo�ated zn King County, Washington, as more particularly described in Exhibit . A attached hereto and incorporated herein by this reference (the "Property" ) . � B. Grantee desires to acquire an easement for the purposes set ' forth herein (the "Easement" ) across a portion of the Property, which portion is more particularly described in Exhibit B attached hereto and incorporated herein by this +.'� rEference (the "Easement Area" ) and Grantor desires to grant � such an Easement, upon the terms and conditions set forth � herein. � NOW, THEREFORE, in consideration of the mutual agreements '"� herein contained and other valuable consideration , the receipt � � and sufficiency of which are hereby acknowledged, Grantor and Grantee agree as follows: AGREEMENT 1 . Grant and Purpose of Easement . Grantor hereby grants to Grantee a perpetual , non-exclusive easement over, on, across , along , upon and under the Easement Area, for purposes of constructing , operating, maintaining , repairing , and replacing a public roadway and for utility purposes. 2. Reservation of Rights . Grantor retains , in its ownership of the underlying fee, the right to use and occupy, and to grant or deny permission to other grantees to use or occupy the Easement Area for any other purpose , provided that such use • or occupancy shall not interfere with Grantee ' s use of the Easement Area for the roadway and utility purposes herein granted . -1- . t . 3. Duration of Easement. In the event that Grantee, or such other municipal corporation as may become Grantee' s successor � in interest , ceases to use the Easement Area for roadway and utility purposes as described herein, as evidenced by abandonment, vacation or any other similar action, the Easement granted herein shall terminate. 4. Construction and Maintenance of Easement. Grantee shall be responsible for the design, construction, maintenance, repair, and safet� of any roadway and utilities constructed within the Easement Area, which design, constructed within the Easement Area, which design, construction, maintenance, and repair shall be at no cost or, expense to Grantor. Grantee shall be liable for, and shall pay throughout the term of its use , any and all taxes and assessments , if any, levied on the Easement Area or any and all improvements located thereon, any taxes or assessments on any property � interest created by this Easement as deemed by the County � 11'� Assessor or other official of the State of Washington or � � other taxing entity responsible therefor, and Grantee shall � otherwise fulfill all fiscal obligations required by law. � 5. Indemnification . Grantee shall defend, indemnify, protect � and hold harmless Grantor, Grantor' s officials , employees, agents and representatives from and aqainst any and all liabilities, causes of action, claims , liens , demands , costs, losses, expenses , harm and damages of any kind or character asserted or arising from, on account of, or in connection with this Easement (collectively, the "Liabilities" ) , including all attorneys ' fees, court costs and litigation expenses associated therewith, including without limitation , all Liabilities arising from, on account of, or in connection with: (a) Grantee ' s exercise of the rights , benefits and privileges granted t� Grantee by this Easement or any breach of this Easement by Grantee; -2- ti , . . � (b) The acts or omissions of Grantee (and Grantee 's officials, employees, agents, consultants, contractors, � representatives, licensees or invitees) in or upon the Easement Area; and (c) Any damage to or failure of the roadway or utilities or other Grantee improvements (whether due to the acts or omissions of Grantee or from 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, that nothing herein shall require Grantee to so indemnify and hold harmless Grantor to the extent of Grantor 's gross negligence or the gross negligence of Grantor ' s officials, employees, agents , consultants , contractors , representatives or licensees . Such indemnification against Liabilities shall include � Liabilities asserted or arising from, on account of or in � connection with any environmental law, including laws relating to � the transport or use of any "hazardous substances . " "Hazardous � Substances" shall mean any hazardous , toxic, or dangerous rl substance, material , waste, pollutant or contaminant which is , or � becomes, regulated under any applicable local , state, or federal � law, and any substance which, after release into the environment will , or may be reasonably anticipated to, cause death, disease, behavior abnormalities, cancer and/or genetic abnormalities . 6. Enforcement . Grantor and Grantee shall have the right to enforce the obligations , covenants,� conditions, and rights imposed or granted by this Easement . The right to enforce this Easement shall include, without limita•tion, the right to maintain a proceeding at law or in equity against any person or persons who have violated or who are attempting to violate the covenants or conditions of this Easement . 7 . Attorneys ' Fees . If any action is instituted to interpret or enforce this Easement , the prevailing party in such action, or in the appeal of such action (or if neither party wholly -3- prevails , the party that substantially prevails) , shall be entitled to have and recover all costs, fees and expenses - incurred by the prevailing party in connection with such action ( including reasonable attorneys ' fees) and including without limitation any such fees, costs and expenses incurred in any and all bankruptcy proceedings, action or claims . 8. Notices . All notices, requests, demands and other communications hereunder shall b� in writing and shall be deemed to have been duly given (a) if personally delivered, on the date of delivery or (b) if mailed, three (3) business days after being deposited in the United States Mail in certified or registered form, return receipt requested, addressed to the other party at such address as a party shall designate. C�� . � 9. Governing Law. This Declaration shall be governed by, � construed and enforced in accordance with the laws of the � � State of Washington. � 10. Running Covenant . This Easement and each of the terms, '� provisions , conditions and covenants herein shall run with � the land and shall be binding upon and shall inure to the benefit of Grantor and Grantee and all persons or entities claiming under them, including their respective successors and assigns . -4- IN WITNESS WHEREOF, this Easement is executed as of the date and year set forth above. By � t � c.'° �H h�Rv�F'iP CITY OF RENTON � B I . Y It5 Ma r � ATTEST. STATE OF WASHINGTON ) t�t�k i lytt . P e�set�, �L�ty C�_erk ) Ss. � COUNTY OF RING ) � I certi y that I know or have satisfactory evidence that ,d�„ t_�. �b��;H�J��.r-�= � �� is the person who appeared before me, and (�j said person acknvwledged that 5'�� signed this instrument, on Q oath stated that ��z:= was authorized to execute the instrument e-1 and acknowledged it as the of d' , to be the free and voluntary act of T� such party for the uses and purposes mentioned in the instrument. DAT�,,��'�'1 E � �� g3. ,T.��, ,�,�,.��,� \'`;�J� �? P'-. l� ;�� `' t�r. `\ �!�1 (Seal;�o��s�a� �.) ,h,`�,� �, �' ��r ��t .`�� `� � Notary Publ 'c 'n and for the State of %; I� . �-- , , ;; Washington, r iding at Qe�N�o ti "i1,,' � ��+ ,,,-;7.'�F'� ,,�, /��.� MY aPPointmen expires �A) ��\. � � :s �� . ,1�i i�`�``��"�-`_!__�"" �\-+�^'"/� . S TATE O F �1Y?a�T,��J'�`�;= ) ��----- ) ss. COUNTY OF RING ) I certify that I know or have satisfactory evidence that �� .,�,��,�,.� Qe,�.�,��_pl�is the person5 who appeared before me, and said person acknowledged that � signed this instrument, on oath stated that�-I'��r .�- authorized to execute the instrument and acknowledged it as the �t�tcz� C�,r C�e�r�.,,- of . w:�ssss�ao»ns�rr.aca 6 �,��-�; �� , to be the free and voluntary act of � such party for the uses and purposes mentioned in the �instrument. DATED: (��=fio��8r i T , 199`f. . �;��aZ ar stamp) . otary Public in and for e State of . Washington, residing at My appointment expires %�'-i`��`' � I,AW:dl c 12/27/90 . . . :`�J � �i ll� e■i d' C� Ca �►1 �' � . ♦ W:\5335\007\EASF2'�N=.AGFt 7 . EXHIBIT B EASEMENT AREA The West 30 feet of the East 525.64 feet of the South 20 feet of the North 412.7 feet of che Northeast 1/4 of the Northwest 1/4 of Section 4, Township 23 North, Range 5 East, W.M. :`� � L7 � �d" G� � e� � �7 . �_ . EXHIBTT A PROPERTY DESCRIPTION The West 180 feet of the East 525.64 feet of the South 20 feet of the North 412.7 f��t of the Northeast 1/4 of the Northwest 1/4 of Section 4, Township 23 North, Range 5 East,W.M. � � � � � C� � r-i '?' �7