HomeMy WebLinkAboutE 9407280996 � WH�N RECORDED RETURN TO: ,
CSffice of the city clerk �
Renkon Municlpal Building �
200 Mill Avenue South
Renton,WA 98055 ',
TEMPORARY CONSTRUCTION EASEMENT
� .;
For and in consideration of One Dollar ($1.00) and other valuable consideration the '
receipt of which is hereby acknowledged, THE BOEING COMPANY, a Delaware ,
corporarion, ("Grantor" herein), hereby grants and conveys to THE CITY OF
RENTON, a Washington municipal corporation ("City" herein), for the purposes
hereinafter set forth a nonexclusive, temporary construction easement, over, across
and under the real property as depicted and described on Exhibit A hereto (the '
"Easement Area"), in King County,Washington. The easement area is a portion of
the area described as Parcel l in Exhibit B hereto. This easement shall expire on the
� earlier of completion of construction by City in the Easement Area, as defined below,
� or October 31, 1994. The expiration date may be extended to October 31, 1995 if
0 factors beyond the control of the City prevent completion of construction on or
� before October 31, 1994. This extension shall become effective if the City provides
� notice to Grantor on or before October 31, 1994.
O
� This easement is granted subject to and conditioned upon the following terms,
0': conditions and covenants which City hereby promises to faithfully and fully observe
and perform.
°� . �
1. Pur�ose. City shall have the right to enter the Easement Area for the sole �
,;� purpose of permanently removing up to two (2) feet of the existing soil bank and �„m,'
regra ding suc h ban k in connection wit h construction o f a new floo d conveyance ��
�,
channel to be located on adjacent property. ��
�
2. Compliance with Laws and Rules. City shall at all times exercise its rights ��
herein in accordance with the requirements (as from time to time amended) and all '�' ��
��
applicable statutes, orders, rules and regulation of any public authority having � �
jurisdiction. -
3. Removal of Fill Material. In the event that City encounters, or suspects that it
has encountered any hazardous substances in the Easement Area in furtherance of its
rights set forth in paragraph l, City shall cease all operations and notify Grantor. If
the encountered or suspected hazardous substances are not the result of the acts or
omissions of City, Grantor shall, at its own expense, determine if the material is
hazardous, as determined by applicable law. If the material should prove to be
hazardous, then the Grantor shall, at its own expense,remove, dispose, or otherwise
handle such hazardous substances, as necessary, in accordance with applicable law,
or reroute the Easement Area, if possible. If hazardous substances are removed,
Grantor also shall provide substitute nonhazardous material to replace the removed
material for City to use in its operation,if necessary. Should the encountered or
suspected material prove not to be hazardous, the City shall proceed with the
operations at its own cost,with no recourse against the Grantor for the cost of
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16620/GB/062994 //nl /��/� � C'jQ', �j�'L�_�, '�
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schedule delays incurred due to the delay in operaHon. If the encountered or
,� suspected hazardous substances are or may be the result of the acts or omissions of
City, Grantor's characterization of the substances involved and any removal,
disposal or other handling costs incurred in connection with the removal, disposal or
handling of the hazardous substances will be at City's expense, and Ciry shall have
no recourse against Grantor for the cost of scheduled delays incurred due to the
delay in operation.
4. Citv's Use and Activities. City shall exercise its rights under this Agreement
so as to minimize, and avoid if reasonably possible, interference with Grantor's use
of the Easement Area as set forth in Paragraph 5,herein. City, at its sole cost and
� expense, shall fully restore the Easement Area to as good condition as it was in prior
� to construction, except to the extent of the soil removal and regrade as described in
p Paragraph 1. Such final condition shall be subject to Boeing's approval which shall
� not be unreasonably withheld. Such restoraHon work shall be completed within five
� working days of completion of grading work in the area adjacent to the Easement
�
a Area. City's obligation to restore the Easement Area shall survive termination of this
r" Easement Agreement.
�T`,
5. Grantor's Use of the Easement Area and Access bv Grantor
During Construction. Grantor reserves the right to use the Easement Area for any
purpose not inconsistent with the rights herein granted City shall make provisions
satisfactory to Grantor for continued access by Grantor along, over, and across the
� Easement Area during periods in which City is conducting construction or other
activities.
In the event of an emergency requiring immediate action by either party for
the protecHon of its facilities or other persons or property, such party may take such
action upon such notice to the other party as is reasonable under the circumstances.
6. Indemnitv. City agrees to indemnify and hold harmless Grantor, Grantor's
directors, officers, employees, agents, servants and representatives from any and all
actions, liabilities, demands, claims, suits,judgments, liens, awards, and damages of
any kind or character whatsoever (hereinafter referred to as "Claims"), including
claims for death or injury to employees of City, costs, expenses and reasonable
attorneys' fees incurred by Grantor in defense thereof, asserted or arising directly or
indirectly from, on account of, or in connection with City's operation,maintenance
and control of the Easement Area (and improvements thereon). With respect to all
or any portion of the foregoing obligation which may be held to be within the
purview of RCW 4.24.115, such obligation shall apply only to the maximum extent
permitted by RCW 4.24.115.
7. Notices. NoHces required to be in writing under this Agreement shall be
personally served or sent by U.S. mail. Any notice given by mail shall be deemed to
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16820/GB/062994
have been received when three days have elapsed from the time such notice was
deposited in the U.S. mail addressed as follows:
�
To Grantor: Boeing Commercial Airplane Group
P.O. Box 3707- M/S 75-66
Seattle,WA 98124-2207
Attn: Manager of Planning & Leased Properties
Phone: 206-237-1945
with a copy to:
Boeing Commercial Airplane Group
P.O. Box 3707- M/S 76-52
Seattle,WA 98124-2207
Attn: Division Counsel
Phone: 237-2682
To City: The City of Renton
200 Mill Avenue South
Renton,Washington 98055
Attn: Director of Planning/Building/Public
Works
`� Phone: 206-235-2569
with a copy to:
�
;� The City of Renton
� 200 Mill Avenue South
� Renton,Washington 98055
�
��
�
� Attn: City Attorney
,� Phone: 206-235-8678
�
Either party may change the address to which notices may be given by giving
notice as above provided.
8. Access. City shall have the right of reasonable access to the Easement Area
over and across adjacent lands owned by Grantor to enable City to exercise its rights
hereunder, provided that City shall compensate Grantor for any damage to the
Easement Area and adjacent lands caused by the exercise of said right of access.
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16620/GB/062994
9. Title. The rights granted herein are subject to permits, leases, licenses, and
easements, if any, heretofore granted by Grantor affecting the Easement Area.
� Grantor does not warrant title to its property and shall not be liable for defects
thereto or failure thereof.
10. Successors and Assi�ns. The rights and obligations of the parties shall inure
to the benefit of and be binding upon their respective successors and assigns.
11. Termination for Breach. In the event City breaches or fails to perform or
� observe any of the terms and conditions herein, and fails to cure such breach or
� default within ten (10) days of Grantor's giving City written notice thereof, or, if not
Q; reasonably capable of being cured within such ten (10) days,within such other
'� period of time as may be reasonable in the circumstances, Grantor may terminate
� City's rights under this Agreement in addition to and not in limitation of any other
C�t
�• remedy of Grantor at law or in equity, and the failure of Grantor to exercise such
4 right at any time shall not waive Grantor's right to terminate for any future breach or
� default.
DATED�� day of���� 1994.
GRANTEE: GRANTOR:
�
The City of Renton, a Washington The Boeing Company, a Delaware
muni�al corporation c ian
C,
By: � S
Ea 1 Clymer
Mayor
Its: Its: �� � �-nc.��,n� �' av�' �•
APPROV AS TO FORM:
. . ,�.-�
Lawrence j. Warre
Ciry Attorney
AT ST: '
B •
Marily .T. . etersen
ItS: City Clerk
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76620/GB/062994
' State of Nashington ' '
County of King
On this 5th day of July , 19 94 before me
personnally appeared Earl Clymer and Marilyn J. Petersen
�
t0 me known t0 be the Mayor and City Clerk, respectively,
pf City of Renton
the corporation that executed the wi�.hin and foregoing
instrument , and acknowledged the same 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 was authorized to execute said instrument .
,� In witness whereof , I have hereunder set my hand and
� affixed by official seal the day and year first above
� written.
�
� �
� �
0 o ry P b i for the
� State of Wash' ton,
� residing in �
State of Washington
County of King
�
On this �U day of ,� , 19�1`�` before me
personnally appeared p�,S6'Y�
to me known to be the ,d� � /' +�' /G� S
o f ?��� �-D-Q--�-�G �-��-r�-�--t �
the corporation that executed the within and foregoing
instrument , and acknowledged the same 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 was authorized to execute said instrument .
In witness whereof , I have hereunder set my hand and
affixed by official seal the day and year first above
written.
!�
Penelope A. Wright ,
Notary Public for
the State of Miashington
residing in Des Noines
�,,. Yashington.
PAM:pr
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EXHIBIT A
�
That portion of Parcel 1 as set forth in Exhibit B, said portion being located within the NE
1/4 of the SE 1/4 of Section 24, Township 23 North, Range 4 East, W.M., King County,
Washington, being more particularly described as follows:
Beginning at the southeast corner of a parcel conveyed to the City of Renton under King
County Recording# 8911030810, King Counry Records;
Thence from said point of beginning South 79° 13' 48" West along the south boundary of
said parcel and the north boundary of said Parcel 1, a distance of 17.50 feet;
'Si Thence South O 1° 30' 00" East a distance of 65.00 feet;
J7
� Thence North 90° 00' 00" East a distance of 15.18 feet to the east boundary of said Parcel
�r 1 and the westerly right-of-way line of the White River Drainage Ditch No. 1, as
(`j condemned in Superior Court Cause No. 32912, King Counry Records;
�
C� Thence along said westerly right-of-way line and said east boundary line of said Parcel 1
� the following courses: North O1° 48' 32" East a distance of 20.91 feet and North 00° 25'
� 33"West a distance of 47.35 feet to the point of beginning.
Contains 1,100 square feet of land, more or less.
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94-197A.DOC/bh
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PARCEL 1
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All that certain real property situate in the City of Renton, County of King, State of Washington,
being Government L.ot 14, and a portion of Government Lot 8, both in Section 24, Township 23
North, Range 4 East, Willamette Meridian, and a portion of the N.W. 1/4 of the S.E. 1/4 of said
Section 24, and a portion of the I�1.E. 1/4 of the S.E. 1/4 of said Section 24, and being more
particularly described as follows:
BEGINNING at ihe Southwest corner of the N.E. 1/4 of the S.E. 1/4 of said Section 24; thence
from said POINT OF BEGINNING, along the East line of said Govemment Lot 14 S00°56'17"W
68.96 feet to the North line of I-Ienry A. Meader's Donation Land Claim No. 46; thence along said
North line N87°13'S7"W 14b2.38 feet; thence leaving said North line N00°22'11"E 1022.22 feet
to the southerly right-of-way line of I-405; thence along said southerly right-of-way line and the
south right-of-way line of S.W. 16th Street from a tangent that bears N62°52'S7"E, along the arc
� of a curve to the right having a radius of 543.14 feet and a central angle of 26°45'00", an arc length
� of 253.58 feet; thence tangent to the preceding curve N89°37'S7"E 1079.63 feet; thence tangent to
O� the preceding course along the arc of a curve to the left having a radius of 1940.08 feet and a central
� angle of 02°52'00", an arc length of 97.07 feet; thence tangent to the preceding curve N86°45'S7"E
� 4.56 feet; thence tangent to the preceding course along the arc of a curve to the right having a radius
� of 1880.08 feet and a central angle of O1°32'S5", an arc length of 50.81 feet; to the northwest corner
�3' of the parcel conveyed to the City of Renton under A.F. �f8911030810, King County records; thence
� along the boundary of last said parcel S08°35'S6"W 42.70 feet and N79°13'48"E 58.77 feet to the
west right of way line of the White River Drainage Ditch No. 1, as condemned in Superior Court
�, Cause No. 32912, King County Records; thence along said west right of way line the following
courses: S00°25'33"E 47.35 feet, SOl°48'32"W 44.26 feet, S07°14'42"E 48.28 feet, S19°25'S8"E
66.50 feet, S20°OS'30"E 40.14 feet, S30°55'S0"E51.32 feet, S39°53'S4"E 32.19 feet, S30°06'16"E
76.04 feet, S27°12'00"E 34.56 feet, S31°19'S0"E 41.01 feet, S36°00'41"E 74.11 feet, S31°50'12"E
42.02feet, S42°OS'27"E47.21 feet, S40°19'S7"E47.67feet, S45°25'S2"E59.32feet, S50°37'12"E
39.63 feet, S51°16'SS"E 68.16 feet, S81°36'S0"E 62.75 feet, N86°59'20"E 94.92 feet,
S55°04'26"E 53.26 feet, S48°31'30"E 45.85 feet, S39°25'24"E 49.84 feet, S36°49'16"E 46.76 feet,
S44°53'21"E 48.07 feet, S29°35'20"E 35.41 feet, S30°48'41"E 46.69 feet, S20°07'49"E 85.72 feet,
and S24°18'S9"� 68.77 feet to.the South line of the N.E. 1/4 of the S.E. 1/4 of said Section 24;
thence along last said South line N87°26'45"W 918.35 feet to the Pt3I1`�T OF BEGINNING.
Contains 47.669 Acres of land more or less.
The Basis of Bearings for this description is the Record of Survey for Broadacres Inc., recorded in
Book 10 of Surveys at page 2, under Recording No. 7707289002, King County records.
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