HomeMy WebLinkAboutE 9407280998 WHEN RECORDED RETURN TO: • •
Office of the city derk �_
Renton Ntunicipal Building , • � �C�SE"�'�NQT REQU�R��
200 Mil,i Avenue South Kfng Co.Records Division
Renton,lti'A 98C55
BY Depury
TEMPORARY CONSTRUCTION EASEMENT
THIS AGREEMENT, made this ,r�' day of�k��, 1994, by and between Group
Health Cooperative of Puget Sound, hereina r " rantor", and the Ciry of Renton, a
municipal corporation, hereafter"Grantee".
WITNESSTH:
That the said Grantor for and in consideration of one dollar($1.00) and such other good
and valuable consideration, receipt of which is hereby acknowledged, grants unto the ,
Grantee a temporary non-exclusive construction easement with the necessary .
appurtenances through, over, and across Grantor's property, the legal description of
which is set forth in Exhibit A attached hereto (the "Easement Area") and incorporated
herein by this reference.
This easement shall expire on the earlier of Completion of Construction by Grantee in
the Easement Area or October 31, 1994. The expiration date may be e�rtended to
October 31, 1995 if factors beyond the control of the Grantee prevent completion of
construction on or before October 31, 1994. This extension shall become effective
provided notice is given by Grantee prior to or on October 31, 1994.
.��j Upon execution of this Agreement said Grantee shall have the non-exclusive right
� without prior institution of any suit or proceeding at law to enter upon said Easement
� Area for the purposes of construction. Provided, however, that said construction
� 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.
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� 1. Cost of Construction. Grantee shall bear and promptly pay all costs and expenses of
Q? construction activities.
2. Compliance with Laws and Rules. Grantee shall at all times exercise its rights
herein in accordance with the requirements (as from time to time amended) and all
applicable statutes, rules, orders, and regulations of any public authoriry having
jurisdiction.
3. Work Standards. All work to be performed by Grantee on Grantor's property shall
be completed in a careful and workmanlike manner to Grantor's satisfaction, free of
claims or liens.
4. Grantee's Use and Activities. Grantee shall exercise its rights under this Agreement
so as to minimize, and avoid if reasonably possible, interference with Grantor's use
of the property. Grantee shall at all times conduct its activities on Grantor's
property so as to not interfere with, obstruct or endanger Grantor's operations or
facilities.
5. Chan�es and R�air to Grantor's Property. Upon completion of construction or
termination of this Agreement, Grantee shall remove all debris and restore the
surface of the property as nearly as possible to the condition in which it was at the
commencement of such work.
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6. Reservation of Rights. Grantor 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 in this Agreement.
7. Release and Indemnitv. Grantee does hereby release, indemnify, and promise to
defend and save harmless Grantor against any and all liabiliry, loss, damage,
expense, actions, and claims, including costs and reasonable attorneys fees incurred
by Grantor in defense thereof, asserting 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 indemnify 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.
8. Termination For Breach. In the event Grantee breaches or fails to perform or
observe any of the terms and conditions herein, and fails to cure such breach or
default within (30) days of Grantor's giving Grantee written notice thereof, Grantor
may terminate Grantee's rights under this Agreement in addition to and not in
limitation of any other remedy of Grantor at law or in equiry, and the failure of
Grantor to exercise such right at any time shall not be a waiver of Grantor's right to
terminate for any future breach or default.
9. Notices. Notices required to be in writing under this Agreement shall be given as
follows:
�
� If to Grantor: Director of Facilities
� Group Health Cooperative of Puget Sound
iZ^j 521 Wall Street
C� Seattle, WA 98121
��
0 If to Grantee: Director of Planning/Building/Public Works
�
� Ciry of Renton
200 Mill Avenue South
Renton, WA 98055
With a copy to: City Attorney
City of Renton
200 Mill Avenue South
Renton, WA 98055
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, or upon delivery thereof otherwise given. Either party
may change the address to which notices may be given by giving written notice as
above provided.
10. Assignment. No assignment of the privileges and benefits occurring to Grantee
herein nor assignment of the obligations or liabilities of the Grantee shall be valid
without the prior written consent of the Grantor, which consent shall be
unreasonably withheld.
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11. Successors. Subject to the preceding paragraph, the rights and obligations of the
party shall inure to the benefit of and be binding upon the respect of successors and
assigns.
GRANI'OR:
Group Health Cooperative of Puget Sound
By: � '��n.,: ("� �a�
Its• �'��-a�'►��1+�-
REPRESENTATIVE FORM OF ACKNOWLEDGMENT
5TA'1 E �F J�ASHINGTON )
) SS
COUNTY OF KING )
I certify that I know or have satisfactory evidence that J
and signed this instrument, on oath stated that
he/s they was/were authorized to execute the instrument and acknowledged it as
the � � *�i-� .�,�t.� � ' �{{�,,and �------- of
------� to be the free and voluntary act of such party/parties for
� the uses and purposes mentioned in the instrument.
�
�
� Dated: _
GC! Notary Public in and for the Stat of Washington
� �
� Notary(Print)�ci,i�c1,�
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� My appointment expires: 1 D/���i...��-'
�
GRANTEE:
Ciry of on Appr v as to form:
By� i , _ � ,..._4...,
rl Clymer Lawrence J. Warr
Its: Mayor City Attorney
ATTES :
By: �
Marily J etersen
Its: City Clerk
#4y' _ �057
94-198.DOC/bh
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EXHIBIT"A"
That portion of the northeast quarter of the southeast quarter of Section 24, Township
23 North, Range 4 East, W.M. King Counry, Washington, described as follows:
Commencing at a concrete monument in case which marks the northeast corner of said
subdivision;
Thence South 00° 48' S7"West along the east line of said subdivision a distance of 133.02
feet to a point on a line between two monuments in case which mark the centerline of
S.W. 16th Street, one of which is at Lind Avenue Southwest and bears North 89° 35' 37"
East a distance of 1029.75 feet and the other which marks a P.I. of said S.W. 16th Street
and bears South 89° 35' 37"West a distance of 133g•30 feet;
Thence South 89° 35' 37" West along the said centerline of SW 16th Street as marked by
said monuments a distance of 129�•51 to a point of curvature;
�„� Thence at right angles South 00° 24' 23" East a distance of 30.00 feet to the southerly
� margin of said S.W. 16th Street;
�Thence North 89° 35' 37" East along said southerly margin a distance of 34.85 feet to the
�TRUE POINT OF BEGINNING;
�
C�I'hence continuing North 89° 35' 37" East along said southerly margin a distance of
�20.00 feet;
Thence South 00° 24' 23" East a distance of 100.00 feet;
Thence South 89° 35' 37" West parallel with said centerline of SW 16th Street a distance
of 101.73 feet to the easterly margin right-of-way line of the King County Drainage Ditch
No. 1, as condemned in King County Superior Court Cause No. 32912, King County
Records;
Thence North 10° 45' 46" West along said easterly margin a distance of 101.66 feet to the
POINT OF BEGIlVNING;
Less the area conveyed to the City of Renton under A.F # 8911030809, King County
Records;
Contains 8,833 square feet of land, more or less.
94-199A.DOC/bh
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