The URL can be used to link to this page

Home My WebLink AboutE 9612100308 , � • , ' . • . _ WHEN RECORDBD RETURN TO: Projecr. S-2071,F3oeing Customer ' Ot�ice o'f the City Clerk Renton Municipal Building UTILITIES EASEMENT Service Training Center 200 Mill Avenue South Wastewater Utility Easement Work Order#.�o�� Renton,WA 98055 p�p; "= — �'� Grantor.Loneacres Park.Inc. � � 0 .STR: � m Street Intersection:South of SW 16th Street between Oaksdale �' � Avenue SW and Longacres Drive :° sW � a -c�6 Ecr— � � � � For and in consideraEion of One Dollar ($1.00) and other valuable = consideration the receipt of which is hereby acknowledged, Longacres Park, � Inc., a Washington corporation ("Grantor" herein), hereby grants and conveys < � to The City of Renton, a muncipality of the State of Washington (the "City" o � herein), for the purposes hereinafter set forth a non-exclusive perpetual � easement, over, across and under a portion of the real property, in King ; County, Washington, described in Exhibit A and depicted on Exhibit B (the � "Property"), such easement occupying the portion of the Property described in Exhibit C (the "Easement Area"), all of which exhibits are attached hereto and � incorporated herein by this reference. " � � This easement is granted subject to and conditioned upon the following �„� terms, conditions and covenants which the City hereby promises to faithfully- :`;_ � and fully observe and perform. " { � <. :,, � 1. Pur�ose. The City shall have the right to construct, operate, maintain, ' ' 'r"� repair, replace, and enlarge sewer pipelines together with all necessary �- ; - � appurtenances. - C�• 4+-' 2. Com�liance with Laws and Rules. The City shall at all times ex�rcise i�s� rights herein in compliance with all applicable laws and regulations. 3. Removal of Fill Material. In the event that the City encounters, or suspects that it has encountered any hazardous substances in the Easement Area in furtherance of its rights set forth in paragraph 1, the 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 the 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 the City to use in its operation, if necessary. Should the - 1 - 17596.225/GB/081094 �9/,� k�O7� T RFNTON SEtiVERLINE PARCEL 1 �r� �� / � i �.�' � ✓�'L%� r 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 schedule delays incurred due to the delay in operation. If the encounEered or suspected hazardous substances are or may be the result of the acts or omissions of the 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 the City's expense, and the City shall have no recourse against Grantor for the cost of schedule delays incurred due to the delay in operation. Any environmental mitigation requirements imposed as a result of the exercise of any right or obligation of the City hereunder shall be the sole responsibility and expense of the City. 4. The Cit,y's Use and Activities. The City shall exercise its rights under Othis Agreement so as to minimize, and avoid if reasonably possible, � interference with Grantor's use of the Easement Area as set forth in p Paragraph 5. C`3 � 5. Grantor's Use of the Easement Area and Access b,y Grantor Durin� � +� Construction. Grantor reserves the right to use the Easement Area for any `j'� purpose not inconsistent with the rights herein granted; provided, that Cn Grantor shall not construct or maintain any building or other structure on the Easement Area which would interfere with the exercise of the rights herein granted. The City shall make provisions satisfactory to Grantor for continued access by Grantor along, over and across the Easement Area during periods in which the CiEy is conducting construction or other activities. In the event of an emergency requiring immediate action by either party for the protection 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. The City agrees to release, 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 the 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 the 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 - 2 - 77596.225/GB/081094 RINTON SEWERLWE PARCEL 1 purview of RCW 4.24.115, such obligation shall apply only to the maximum � extent permitted by RCW 4.24.115. As between the parties and for purposes only of the obligations herein assumed, the City waives any immunity, defense, or other protection that may be awarded by any worker's compensation, industrial insurance or similar laws (including but not limited to, the Washington Industrial Insurance Act, Title 51 of the Revised Code of Washington). 7. Abandonment. The rights herein granted shall continue until such time as the City ceases to use said Easement Area for a period of five (5) successive years, in which event this easement shall terminate and all rights hereunder shall revert to Grantor. 8. Notices. Notices 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 p deemed to have been received when three days have elapsed from the time � such notice was deposited in the U.S. mail addressed as follows: O 0 � To Longacres Park, Inc. ,r„� Grantor: c/o Boeing Commercial Airplane :� Group � P.O. Box 3707- M/S 75-66 Seattle, WA 98124-2207 Attn: Manager of Planning & Leased Properties Phone: 237-1945 with a copy to: Boeing Commercial Airplane Group P.O. Box 3707- M/S 76-52 Seattle,WA 98124-2207 Attn: Group Counsel Phone: 237-2682 - 3 - t 7596.225/GB/O87 094 RIIJTON SEWERLINE PARCEL 1 To the City of Renton City: Department of Planning, Building and Public Works 200 Mill Ave. Renton,Washington 98055 Attn: Neil Watts Phone: 206-277-6176 Either party may change the address to which notices may be given by giving notice as above provided. p9. Access. The City shall have the right of reasonable access to the M Easement Area over and across adjacent lands owned by Grantor to enable the � City to exercise its rights hereunder, provided that the City shall compensate *'� Grantor for any damage to the Easement Area caused by the exercise of said � right of access and the cost of any repairs resulting therefrom at the actual ".� customary cost of such repair. 0� 10. No Warranties. 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. Any plans, specifications, or drawings (collectively, "Submittal") provided by the City to Grantor pursuant to this Agreement are for Grantor's informational purposes only. Any analysis, review or approval by Grantor, or Grantor's failure to analyze, review or approve such Submittal (including failure to discover any error or defect in such Submittal) shall not relieve the City of any of its obligations under this Agreement. Grantor hereby expressly disclaims any and all warranties, express or implied, with respect to any such Submittal developed, reviewed or approved by Grantor as a condition of this Agreement. 11. Successors and Assigns. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. 12. Termination; Relocation. 12.1 Grantor may require the City to relocate the easement granted hereby at any time and from time to time to another area of the Grantor's - 4 - 17596.225/GB/O87 094 RINTON Sh'WERLWE PARCEL I property, provided that any such relocation shall be at Grantor's expense, and provided that any area to which the easement is relocated shall be deemed the "Easement Area" for all purposes of this instrument from the date of such relocation. 12.2 In the event the City breaches or fails to perform or observe any of the terms and conditions herein, and fails to cure such breach or default within ninety (90) days of Grantor's giving the City written notice thereof, or, if not reasonably capable of being cured within such ninety (90) days, within such other period of time as may be reasonable in the circumstances, Grantor may terminate the City'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 waive Grantor's right to terminate for any future breach or default. � M12.3 Upon termination of this Agreement and if requested by Grantor, O� the City, at its sole cost and expense, shall remove from the Easement Area � any and all improvements thereon and restore the Easement Area to a t� condition as good or better than it was prior to construction of said � improvements. Q� 12.4 No termination of this Agreement shall release the City from any liability or obligation with respect to any matter occurring prior to such terminaiion. DATED_ DF�� 199�,. The City: GRANTOR: The City of Renton Longacres Park, Inc. B ��-�Jo�.�-.ti.�..---- B < y Jesse Tanner y �, , Nelson Its: _._� Its: . C@S ATTEST: � �✓ Marilyn . ekersen, City Clerk - 5 - 77596.225/GB/087094 RFNTON SEWERLAIE PARCEL 1 STATE OF WASHINGTON ) )ss. COUNTY OF KING ) � � On this�day of /� � ��?- �'��1994,before me the undersigned personally appeared J.J. NELSON to me known to be the person who signed this instrument as Vice-President of Longacres Park, Inc., the corporation that executed the foregoing instrument, and acknowledged the said instrument 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 duly authorized to exec^�te the sai instrument. '� l - �. �%� �„�;.... _, WITNESS my hand and official seal her a ' �- � irst above written. _ - � Notary Pub ic in and for the State of Washin ton residin at��i� 1�i�� - ,_ ��. � My commission expires �J /✓ O M � STATE OF WASHINGTON ) �,,,� ) ss. n,� COUNTY OF KING ) � '� On this��°-day of � " C�/�� .�T994,before me the undersigned personally � appeared��.P.�3i�JI1��1'o me known to be the ty J/�/�G�of The Ci of Renton, the municipality that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that s/he was duly authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Nota Public in a d for the State of Washington residing a t�G�1%l.��r�-- My commission expires�U 19�97 - 6 - 17595/GB/081194 RINTON WATERLQJE PARCEL 1 EXHIBIT A (legal description of the Property) � C c"� � C � � � :D � - � - 17596.225/GB/081094 RIIJTON SEWERLQJE PARCEL 1 : �x W ,B �-r A , << - . ` PARCEL 1 All that certain real property situate in the City of Renton, County of King, State of Washington, being Government Lot 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 Seciion 24, and a portion of the N.E. 1/4 of the S.E. 1/4 of said Section 24, and being more particularly descrihed as follows: BEGINNING at the Southwest corner of the N.E. 1/4 of the S.E. 1/4 of said Section 24; thence Gp from said POINT OF BEGINNING, along the East line of said Government Lot 14 S00°56'17"W � 68.96 feet to the North line of Henry A. Meader's Donation Land Claim No. 46; thence along said � North line N87°13'S7"W 1462.38 feet; thence leaving said North line N00°22'11"E 1022.22 feet � to the southerly right-of-way line of I-4U5; thence along said southerly right-of-way line and the +r-� 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 co � 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 fee[; 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 nocthwest corner of the parcel conveyed to the City of Renton under A.F. J�8911030810, 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 righi 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"E47.35 feet, SO1°48'32"W 44.26 feet, S07°14'42"E48.28 feet, S19°25'S8"E 66.50 feet, S20°OS'30"E 40.14 feet, S30°55'S0"E51.32 feet, S39'S3'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 42.02 feet, S42°OS'27"E 47.21 feet,S40°19'S7"E 47.67 feet, S45'25'S2"E 59.32 feet,S50°37'12"E 39.63 feet, S51°16'S5"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�53'2I"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"E 68.77 feet to the South line of the N.E. 1/4 of the S.E. 1l4 of said Section 24; thence along last said South line N87°26'45"W 918.35 feet to the POINT OF BEGINNING. Contains 47.669 Acres of land more or less. y The Basis of Bearings for this description is the Record of Survey for Broadacres Inc., recorded in Book 10 of Surveys at pa�e�,ty�;der Recording No. 7707289002, King County records. �� ' ��^�• Q�;c�C �, •� • �' a.gy�y�� 'I' �-L 0 L. . 11568 �.} � _ o �� - Z -� o � '9�c �1568 �� f G STEP �� JLW/FWC ��/�� lANO��.r 12-04-91 �~ REVPARCI.LEG 3-2464-3806 � I• EXHIBIT B (drawing showing Easement Area and Property) GO O � O � � � � � LD � - 8 - 17596.225/GB/087 094 RENTON SEWERLQJE PARCEL I r- LLJ - :2 m LJ Q W LJ O Cj-,- Z � � O L.L■ 0 00 cl- Q-i,Li . J• J caaoaaac _- -- SHEET 1 -of i W � J Cr L O U w 0) �N > —I _ LLJ � �I r- a �I LL- � I ` CO --o p� I LLJ m> 0 U LJ �N C U) LL- wN = 0 w �0 o� o< U- w O p 0m �> o z �Qz 0� u) ..-. w o �Lf) > Q J O 6-23-94 LA -`A- +nDate cw.�°0 Scale 1"=100' W c Cf Li o Surveyed �-- m D >z o Drawn FWC O w0 Lj m Checked KIG Z J- 0 I Z Approved KIG _ i)wo_ Number caaoaaac _- -- SHEET 1 -of i . � • . ' . EXHIBIT C (legal description of Easement Area) � O M O O � � �-i GD � - 9 - V596225/G B/061094 RIIJTON SEWERLWE PARCEL 1 - : I PACI FIC 3025-112th Avenue N.E. PO. BoxC-97304 Bellevue,WA 98009-9304 �X }�i81j C SANITARY SEWER EASEMENT An easement in the S.E.1/4 of Section 24, Township 23 North, Range 4 East, Willamette Meridian, and being a portion of Parcel 1 as shown on the Record of Survey of Longacres, recorded in Book 85 of Surveys, at Page 27, King County Records, said easement being for the construction, operation, and maintenance of a sanitary sewer system, on, under, over, and along the following described parcels: BEGINNING at a point which bears N52°42'31"E 1658.95 feet from the Southwest corner of said Parcel 1; thence from said POINT OF BEGINNING N41°56'26"E 101.39 feet to the South line of the S.W. 16th Street Right-Of-Way as set forth in Recording Number 95d�06 C�139 King County records; thence along last said Souch line N86°44'22"E 21.29 feet; thence leaving said South line Gn S41°56'26"W 116.50 feet; thence N48°03'34"W 15.00 feet to the POINT OF BEGINNING. O � AL.SO BEGINNING at a point which bears N65�33'20"E 1574.09 feet from the Southwest corner � of said Parcel 1; thence from said POINT OF BEGINNING N63°31'S5"E 44.50 feet to the West �ri line of an existing Utility Easement as set forth in Recording Number 6150815, King Counry �'� records; thence along said West line S00°56'14"W 16.90 feet; thence leaving said West line � S63°31'S5"W 37.08 feet; thence N25°04'37"W 15.00 feet to the POINT OF BEGINNING. :L� � The Basis of Bearings for this Description is the Record of Survey filed in Book 10 of Surveys at Page 2. 3-2464-3808 �u I. r�vc� ��'�y��'cIFJ' snxiEs�rr.�c � T � � o � ra� 5� � 4n si � (2061 827-0220 Fax(206) 82?-53d1 Plannin«• Eneineerino•Survevine•Landscape Design•Environmental Services �