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Easement - Public UtilitiesPage 1 of ___ Return Address: City Clerk’s Office City of Renton 1055 South Grady Way Renton, WA 98057 Title: Property Tax Parcel Number: Project File #: Street Intersection or Project Name: Reference Number(s) of Documents assigned or released: Additional reference numbers are on page _____. Grantor(s): Grantee(s): 1. 1. City of Renton, a Municipal Corporation 2. Additional legal is on page ______ of document. (Abbreviated legal description MUST go here.) LEGAL DESCRIPTION: Page 2 of ______ That said Grantor(s) (hereinafter, "Grantor"), for and in consideration of mutual benefits, do by these presents, grant, bargain, sell, convey, and warrants unto the said Grantee, its successors and assigns, an easement for ______________________________________________________________ with necessary appurtenances over, under, through, across and upon the property in King County, Washington, described on page 1. For the purpose of constructing, reconstructing, installing, repairing, replacing, enlarging, operating and maintaining_________________________________________________________________________________, together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefor. Following the initial construction of its facilities, Grantee may from time to time construct such additional facilities as it may require or desire. This easement is granted subject to the following terms and conditions: 1.The Grantee shall, upon completion of any work within the property covered by the easement, restore the surface of the easement, and any private improvements disturbed or destroyed during execution of the work, as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. 2.Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. Grantor shall not, however, have the right to: a.Erect or maintain any buildings or structures within the easement; or b.Plant trees, shrubs or vegetation having deep root patterns which may cause damage to or interfere with the utilities to be placed within the easement by the Grantee; or c.Develop, landscape, or beautify the easement area in any way which would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein; or d.Dig, tunnel or perform other forms of construction activities on the property which would disturb the compaction or unearth Grantee's facilities on the right-of-way, or endanger the lateral support facilities; or e.Blast within fifteen (15) feet of the easement; or f.Erect fences in such a way as to prevent access by the Grantee’s vehicles to the Grantee’s facilities. Any fence construction must provide for an opening (gated, removable sections, barriers, etc.) of at least ten (10) feet in width; or g.Erect any objects within fifteen (15) above the ground surface within the easement. This easement shall run with the land described herein, and shall be binding upon the parties, their heirs, successors in interest and assigns. Grantor covenants that it is the lawful owner of the above property(ies) and that it has a good and lawful right to execute this agreement. Grantor shall protect, save and hold harmless, and defend, with counsel of its sole reasonable choice, Grantee, its tenant(s), and their successors, assigns, customers and invitees, from all claims, actions, filed or threatened, costs, damages, or expenses of any nature whatsoever arising out of or in connection with any acts or omissions of Grantor in connection with this easement. The obligation to protect, save and hold harmless, and defend shall not include such claims, actions, costs, damages, or expenses which may be caused by the sole negligence of Grantee or its tenant(s), or their successors or assigns; Provided that if the claims actions, costs, damages, or expenses are caused by or result from concurrent negligence of (a) Grantee or its tenant(s), or their successors or assigns and (b) Grantor, its agents, contractors or assigns, and involves those actions covered by RCW 4.24.115, this indemnity provision shall be valid and enforceable only to the extent of the negligence of Grantor, its agents, contractors or assigns. Grantor shall promptly notify Grantee and its tenant(s) of any loss, damage, injury or death arising out of or in connection with any acts or omissions of Grantor in connection with this easement. By this conveyance, Grantor will warrant and defend the conveyance hereby made unto the Grantee against all and every person or persons, whomsoever, lawfully, claiming or to claim the same. This conveyance shall bind the heirs, executors, administrators and assigns forever. Page 3 of ______ IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that _____________________ ___________________________________________ signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary (Print)_____________________________________ My appointment expires:____________________________ Dated: REPRESENTATIVE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that _____________________ ___________________________________________ signed this instrument, on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the _________________________ and ____________________ of ___________________________ to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary (Print)_____________________________________ My appointment expires:____________________________ Dated: CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) On this _______ day of _____________, 19____, before me personally appeared to me known to be of the corporation that executed the within instrument, and acknowledge the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary (Print)_____________________________________ My appointment expires:____________________________ Dated: