HomeMy WebLinkAboutE 9407280997 WHEN RECORDED ftENRN TO:
Office of the city clerk �'
RentonMunicipal Building .- , ' �MPORARY CONSTRUCTION EASEMENT
200 Mili Avenue South �
,Renton,WA 9805�i
THIS AGREEMENT made this �7 of .,/�c�' , 1994, between Bridge Group, a
Washington corporation hereinafter "Grantor", and the Ciry of Renton, a municipal
corporation, hereafter"Grantee".
WHEREAS, Grantor 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 a temporary construction easement across Grantor's land at a �
location more specifically described herein below;
NOW THEREFORE, in consideration of One Dollar ($1.00� and other good and valuable
consideration in hand paid receipt of which is hereby acknowledged, and in consideration of
the performance by Grantee of the covenants, terms and conditions hereinafter set forth,
Grantor hereby grants, conveys and quitclaims to Grantee the following easement:
A. A non-exclusive temporary construction easement over, across, along, in, upon and
under that portion of Grantor's land described in Exhibit "A" attached hereto and by this
reference made a part hereof for the purposes of construction material stockpiling,
equipment storage, loading and unloading, and construction staging.
The terms "Easement" and "Easement Area" in this instrument refer to the easement herein
�'+ granted on Grantor's Property described in Exhibit"A".
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� 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 extended 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
O Grantee prior to or on October 31, 1994.
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� 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. Grantee shall bear and promptly pay all costs and expenses of
construction.
2. Compliance with Laws and Rules. The Grantee shall at all times exercise its rights
herein in accordance with any statute, order, rule or regulation of any public authority
�_ fT�'^ having jurisdiction.
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o .--�,�3. Use of the Easement Area by Grantor. Grantor reserves the rights to develop and use the
� �o� lands encumbered by this easement for any purpose not inconsistent with the rights
�p granted herein.
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�.� Grantee shall make provisions satisfactory to Grantor for continued access by Grantor
� � C along, over and across the Easement Area during periods in which Grantee is
� rn conducting construction or other activities. In the event of an emergency requiring
v immediate action by either party for the protection of its facilities or other persons or
property, such party may take such action upon notice to the other party as is
reasonable under the circumstances.
4. Changes and Re,pair to Grantor Property. Upon completion of construction or
termination of this Agreement, Grantee shall remove any 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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• 5. Third Party 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 granted in this Agreement.
6. Release and Indemnity. Grantee does hereby release, indemnify and promise to defend
and save harmless Grantor from and against any and all liability, loss, cost, damage,
expense, actions and claims, including costs and reasonable attorney's fees incurred by
Grantor 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
Grantor in its use of its property which affect Grantee's employees, agents, contractors,
and other parties benefiting from 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.
7. Title. T'he rights granted herein are subject to permits, leases, licenses and easements, if
any, heretofore granted by Grantor affecting the property subject to this agreement.
Grantor does not warrant title to its property and shall not be liable for defects thereto
or failure thereof.
8. Notices. Unless otherwise provide herein, notices required to be in writing under this
� Agreement shall be given as follows:
�
� If to Grantor: Bridge Group
� Western Pacific Properties
a'j 1400 112th Avenue, STE �9A-- �'z'�
� Bellewe, WA 98004
fl Attn: Don Moody
� 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 if otherwise given. Either party may change
the address to which notices may be given by giving written notice as above provided.
9. Successors. The rights and obligations of the parties shall inure to the benefit of and be
binding upon their respective successors and assigns.
10. Liabili . In the event of any assignment of the rights hereunder, the liability of Grantee
and its assignees shall be joint and several.
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11. 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 equity, 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.
EXECUTED as of the date hereinabove set forth.
GRANTOR:
B
Its: .�rv �. �,�w
REPRESENTATIVE FORM OF ACKNOWLEDGMENT
STATE OF WASHINGTON )
) SS
COUNTY OF KING )
��
� I certify that�ow or have satisfactory evidence that ��-y��� � /���D� a�
O signed this instrument, on oath stated that ��
was�e aut nzed to execute the instrument and acknowledged it as the
� �_ ,���e,ti,� ��'�iV�'�i° .aa� of
Oj.�.-� „���y� 6>�'�,d to be the free and voluntary act of such parry/parties for the
� uses and purposes mentioned in the instrument.
�
� Dated: T —
Notary Public in and for the State of Washington
Notary(Print) ;� l.� ,/,��
My appointment expires: � �/—�'.�
GRAlv'I'EE:
Ciry of Re Approved to form:
By: y t�� � .
Earl Clymer Lawrence J. Warre
Its: Mayor City Attorney
ATTEST•
By: �
Marilyn . P tersen
Its: City Cler �� _��5'�
94-20o.DOC/bh
• , .
EXHIBIT"A"
That portion of Section 24, Township 23 North, Range 4 East, W.M., in King County,
Washington, more particularly described as follows:
Commencing at the intersection of the northerly right-of-way line of SW 16th Street
(South 153rd Street) with the east line of the northwest quarter of the southeast quarter
of said Section 24;
Thence westerly along said northerly right-of-way line a distance of 350 feet;
Thence northerly at right angles to said line North 00° 22' 10" West a d:stance of 453.95
feet to a point on a curve concave to the south lying on the northerly right of way line of
State Route 405 as approved October 31, 1961, the Point of Beginning; Said curve
having a radius of 2964.79 feet, to which point a radial bears South 06° O1' 43" East;
Thence southwesterly along the arc of said curve through a centxal angle of 02° 03' 47"
an arc distance of 106.76 feet;
�,� T'hence north 08° OS' 30"West a distance of 53.85 feet to the southerly right-of-way right-
�; of-way line of Grady Way;
�
� Thence North 66° 59' 05" East along said southerly right-of-way line a distance of 122.72
� feet;
�
� Thence South 00° 22' 10" East 88.18 feet to the point of beginning.
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� Contains 7833 square feet of land, more or less.
94-201A.DOC/bh
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