Loading...
HomeMy WebLinkAboutE20221117000157Instrument Number: 20221117000157 Document:EAS Rec: S212.50 Page-1 of 10 Excise Docs: 3217843 Selling Price: S0.00 Tax Amount: S10.00 Record Date:11/17/2022 10:08 AM Electronically Recorded King County, WA • Reference #s of Document Released or Assigned: None Grantor ... ........... ... __ ......... .............. The City of Seattle, Seattle Public Utilities Grantee. . ...... ..... __ ....................... ...... The City of Renton Legal Description (abbreviated). ... ........ Portion of The City of Seattle Cedar River Transmission Pipeline right of way in the E Y2 of Section 18, Twp. 23 North, Range 5 East, W.M., King County, WA Assessor's Tax Parcel ID# ........................ Portion of 1823059208 Rainier Avenue Road Easement SPU R/W File # 327-605 THIS EASEMENT AGREEMENT, made this 26 day of &4410f- 52022 by and between THE CITY OF SEATTLE, a municipal corporation of the State of Washington, acting by and through Seattle Public Utilities, hereinafter called "Seattle," and City of Renton, a political subdivision of the State of Washington, hereinafter called "Renton," WITNESSETH: That for and in consideration of ONE and NO/100 Dollar ($1.00), the mutual covenants and , agr , eements hereinafter set forth, and other valuable consideration, it is agreed by and between the parties hereto as follows: I . Seattle hereby grants to Renton, and to such municipal corporations as may become its successor by reason of incorporation or annexation of territory, including all or any part of the area below described, a non-exclusive casement for public roadway, Renton -owned utilities, storm drainage, and devices for traffic control purposes, over, under and across a portion of Seattle's Cedar River Pipeline right of way, as legally described in Exhibit A, attached hereto (the "Easement Area"). 2. Seattle retains, in its ownership of the underlying fee, the right to grant or deny permission to use or occupy the Easement Area for any other purpose, including use by public utility agencies; provided that such use or occupancy shall not unreasonably or penuanently conflict with the purposes herein granted; and provided that such permitted users shall be required to restore roadway in accordance with Renton standards. 3. Any use or occupancy of the Easement Area is subject to all rules, regulations and laws governing the construction, operation and maintenance of such use, and shall not be construed to replace or to be used in lieu of any permit or licenses which may be required, granted or supervised by any other agency or subdivision of government. Page 1 of 10 Instrument Number: 20221117000157 Document:EAS Rec: S212.50 Page-2 of 10 Record Date: 11/17/2022 10:08 AM King County, WA Robert Gambill SPU Rainier Avenue Road Easement ORD ATT 2 Di 4. Renton shall be responsible for the design, construction, maintenance and safety of a public roadway, Renton -owned utilities, storm drainage, and devices for traffic control purposes, within the Easement Area, which shall be at no cost or expense to Seattle. The use of the Easement Axea by Renton shall in no way interfere with present or future use of said property by Seattle for water supply lines, overhead or underground electrical transmission or distribution facilities, or for other Seattle purposes. 5. a. Seattle shall have the right to install, repair, replace, maintain, operate and make lateral connections to any of its water supply lines and appurtenances, electrical transmission and distribution facilities, or other Seattle improvements within said easement area, provided that Renton shall be notified in advance of any such work, except when an emergency exists. b. Seattle shall immediately notify Renton of any direct interference or damage to roadway, storm drainage facilities or other Renton improvements caused by or resulting from any Seattle work or operation within the Easement Area. Renton shall proceed to take such of the public. c. Seattle shall not be liable for the relocation or repair of said roadway, or other Renton v to roadway, storm drainage facilities or other Renton improvements within said easemen) area, except where such damage is caused by the sole or comparative negligence of Seattle, its agents, or employees. 6. It is expressly understood and agreed that before any construction, improvement, maintenance, or substantial repair of roadway and/or other improvements within the Easement Area is made by Renton or its agents, plans shall be supplied to Seattle (Seattle Public Utilities) for approval prior to the commencement of work except when an emergency exists. Such plans shall indicate the pennanent grade established and depth of cover over any existing pipelines and other existing utilities, and shall show the drainage pattern within the vicinity. No such construction or improvements for roadway and/or storm drainage purposes shall be undertaken without the approval, in writing, from the GM/CEO of Seattle Public Utilities. Forty-eight (48) hours'notice shall be given to Seattle Public Utilities prior to performance of such construction or improvements. If an emergency arises, Renton or its agents shall immediately phone the SPU Operations Response Center at (206) 386-1800. 7. A minimum of three (3) feet of cover to the finished roadway grade shall be established over the pipelines at the final grade. If there is to be less than three (3) feet of cover, Renton shall install bridging over the pipelines as approved by Seattle. Maximum cover shall not exceed six (6) feet unless approved, in writing, by SPU'. 8. There will be no construction traffic within 10 feet of the pipelines without adequate cover or bridging as approved in advance by Seattle. WMIUM Instrument Number: 20221117000157 Document:EAS Rec: S212.50 Page-3 of 10 Record Date: 11/17/2022 10:08 AM King County, WA Robert Gambill SPU Rainier Avenue Road Easement ORD AIT 2 D1 �#1rWX1K"JWt# (0. Renton shall be liable for, and pay throughout the term of this use, any taxes, fees or assessments on the improvements of Renton installed, operated and maintained on the Seattle's property, and on any property interest deemed by the King County Assessor, other official of the State of Washington, or other entity responsible thereof, created by this easement and shall otherwise fulfill all fiscal obligations required by law. This provision specifically includes Surface Water Management Fees. Lq WJK♦a ♦- - OVAPP-M, � ' � I and representatives from and against any and all claims liens, demands, actions costs, losses, expenses, han-n, damages, and liability of any kind or character asserted or arising from, on account of, or in connection with: (a) Renton's exercise of its rights and obligations under this Agreement, (b) the acts or omissions of Renton (and Renton's officials, employees, agents, consultants, contractors, representatives, licensees, invitees, or visitors) in or upon the Easement Area, (c) any damage to or failure of the roadway, storm drain or other Renton improvements resulting in any damage or injury to any person or property, or any interest of any person or entity whatsoever or (d) the use of the Easement Area by members of the general public; provided however, nothing herein shall require Renton to so indemnify and hold harmless Seattle to the extent of the negligence or other fault on the part of Seattle, its officials, employees, agents, consultants, contractors, representatives or licensees. WMEUM Instrument Number: 20221117000157 Document:EAS Rec: S212.50 Page-4 of 10 Record Date:11/17/2022 10:08 AM King County, WA Robert Gambill SPU Rainier Avenue Road Easement ORD ATT 2 DI WashingtonFees Act; Washington Model Toxics Control. Act; the Nuclear Energy and WashingtonRadiation Act-, the Washington Radioactive Waste Storage and Transportation Act; the thereunder fro--#-t time to Underground Petroleum Storage Tanks Act; and any regulations promulgated Agreement13. This binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Instrument Number: 20221117000157 Document:EAS Rec: S212.50 Page-5 of 10 Record Date:11/17/2022 10:08 AM King County, WA Robert Gambill SPU Rainier Avenue Road Easement ORD A7TT Z D1 • with respect to the subject property, ceases to -use said described area for roadway, Renton - owned utilities, storm drainage, and devices for traffic control purposes, as evidenced by abandonment, vacation or in another manner, the casement granted herein shall forthwith THE CITE' OF SEA°TT LE Andrew Lee Interim General Manager and CEO Seattle Public Utilities Date: _ /1;24 _ ..._ _....® STATE OF WASHINGTON ) ) ss, COUNTY OF KING ) Date: ME r THIS IS 'To CERTIFY that on this day, before awe the undersigned Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared + "to me known to be the &V4ke1J-[Mo; PublicSeattle . foregoing instrument and acknowledged the said agency,instrument to be the free and voluntary act and deed of said therein mentioned, and on oath stated that he/she is authorized to execute the said instrument. WITNESS my hand and official seal this _._.__day of 4V —, 2022. rg Notary Public in and for the State of "°� Washinto chi *049A. 8 residing at „ a olio20 --- - - ", WAS ®���J/f6t11lltt`®t� y appointment ent expires Page 5 of 10 Instrument Number: 20221117000157 Document:EAS Rec: S212.50 Page-6 of 10 Record Date:11/17/2022 10:08 AM King County, WA Robert Gambill SPU Rainier Avenue Road Easement ORD ATT 2 Dl City of Renton Acknowledgement STATE OF WASt- INGTON ) } Ss. COUNTY OF THIS IS TO CERTIFY that On this day, before me the undersigned Notary Public in and for the Stale of Washington, duly commissioned and sworn, personally appeared to me known to be the City o, Renton that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of r agency, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute the said instrument. WITNESS my dand official seal this3---day ; JIELDO fillvotary '��,�•®`o�o,,000, Public in and for the State of !�!� Washington � 1 residing at,� 2W"2"°e ! 6mi61yia�®� lj�t� 4��Ot ��� Icy appointment exiro ._� .� Instrument Number: 20221117000157 Document:EAS Rec: S212.50 Page-7 of 10 Record Date:11/17/2022 10:08 AM King County, WA Robert Gambill SPU Rainier Avenue Road Easement GIRD ATT 2 Di CedarThe , Rangepeline right of way through Section 18, Township 23 North, 5 East of the WiHamette Meridian, in King County, Washington. Instrument Number: 20221117000157 Document:EAS Rec: S212.50 Page-8 of 10 Record Date: 11/17/2022 10:08 AM King County, WA Robert Gambill SPU Rainier Avenue Road Easement ORD ATT 2 DI EXHIBIT B — Page I of 2 • -�-- all 7HATFORnONOP rWHERE#M-FMR DESGRRM TRACr, DESCR(WO AS FOLtOw 00WWNG Ar NE INTERSECnON OF Thr- NOMW UW OF SAJO 7PACT AND A ONZ MAT PS R 40 FU-7 VW- STERt Y OF A M) PARA t LJRM TH 7HE GENTERLWF- OF RAMwR AVEMw SVjTK rHSNM Warm or br 34v KESTAWNG SAID PAR4LL& LWE, 0, 05 FEET IV 7PF,5WTH t#Vf CAF PARfAF. OF SA0 7j;b4Cr,, TSQVTh W I 19' EAST AkOW; $NO SOUTH J)THEJFoERTt HW- OF A HjGkWAY F,4SFWwrDESC,R4WV LWwp R5wRDjNG NUVSER 3101gla RECORDS OF KIljG CouNry', JHENCENCKPq G3'57'35'EASTALQhG smo m-srow, 6s o rerrTO SAO NORTN UNE Or PARCEL "A Or, SA 0,rRA G T, TPENCE NORTH 8,6' 17'19 * OEST ALONG SAID NORTHUNE, 76,50FEETTO THE PONUTOF BEGAWWG CONTAPWNG 5,020 SWARE FEE 1, MORE' OH. LESS MMMIUAgEw OFGAMwy ATTHF wERSECnou OF sAjo sourm-wAtEt oF PARcaA-oF SW rRAcr AND r9c F-AST VARGMf OP ROMWER A VENUE SOU 7 R' T"EhCE SGUIW 90' ; 7' W tAST AWNG SNO SOUTH LIME 23,02 PEET; 'rHENCS AtORIW W' Sr 3S" EAST, d 9 1 FEE T: THE NM NlWnIERLY, MORTHEASTORLY, AAO Wllffft Y ON A CURVE M rHE AIGHTYWOSE CeNrEn M"AR'S SOU TH 66 * 02'26'EAST, 41, 50 FEET AN ARC iN S TAWE OF 61 $6 FEEr,' T?4ENCF,S0UTH8&- �?lq-643T, r�W� WRrk 01'42'41'607 19,22)12EEt M SA0 NORTH t#W 01- PARCE1 "A'Or, SA4 rpACT,, MENCE XORTH80' 1r-99OKeSid N0 SA40 NORTH UNE, 7549FEETTO 1"SEASTUNZ OFA NGHWAY eASEWNT DESCROED ONDER R4XORMS6 WMKR 3107911 RECOWS OF KIW COLWTY, WASHOYGM, f'HLNCEa SOUTH 03'6l'3WV*ST ALONG SAFD EA V LM, 660OFF`FT 'TO THFTWEPOWTOPSEGIAWING CONTA1 ,812 SQUAREFFET, MOREORLESS, T'OTAI PFJWANEVT EASEMENT AREA COWAAWO 7,8W SOUARE-FEET, MOREORLESS, SESUr.00CK paaff I oft IK FIDCXIII IAI F1,1 Parcvl- No, 182305-9209 Page 8 of'10 Instrument Number: 20221117000157 Document:EAS Rec: S212.50 Page-9 of 10 Record Date:11/17/2022 10:08 AM King County, WA Robert Gambill SPU Rainier Avenue Road Easement ORD ATT 2 D1 EXHIBIT " " ._ Page RIGHT OF WAY LEGAL DESCRIPTION [IMUNNIM"! NEW, PERMANENT EASEMENT �PsR wipic wwThrrmsr a d mg compANY mrw m - oA rw Apait ° 2010l PA . t..A: h� f m R'T THE"Ofr TaF CMARRIVFR PfFFL1 f H7° ..W4 YLY1 H1SECTIOqv 29 TOWVSMP23 NORTHSEA, w ., fKr 'y, WASHmTON. rY OF SEAT , kyCEPT T T'POP77ON f MG� MTHOV A40TONUN ION TO RENTRENTON WASH, ACCORDING TO'rke E� AW EXCEPT THAT PORMN Or 7 NV HENRY 11 WOW UON LAND LA LYING 1V M L9VE I: M-'UIWNGAr rf S 1f Sr00 o t T; BLOCK f U0roR1jjTvFADo�Tf0NT0ASNTQN WASH, ACCORDWO TO THE PLAT TW1 V V ,,, 0 r PAOE 50. f ', T 0Td- FAST CORWH LOT 14 BLOCK 2 OF SAO A0 1PON AND T�& T f �' LINE `CR ipvc" , LINE °° 416GINAMIG'AT A POWf 4 , 18 BEET SOUTH T vwsT THiF w)ARTrR sm nox coRmFR BETWEM SSG tQNS 17. 16, TO' 1, Wm,, rev XrNG COUNI y. WASHW3 F " P1 ?rQ Y.5ACEST 426 310IET rO A POWON ME VWS T L WE OF UO TOR LM ADDI'nON"T WASH, A i T :f C ,: 1 VOL E Cyr A M. A f THE � US OF LINEDE-SCRIPTION° PAWFI, LOTS 2 TFRWOH 7, W--W.WVE, BLDCX f, CROSBYWO , ACWRVM M rHE PLA f rHEREOF RECORDED BV VOL UWE 29.,PA GE,34, AN KiNG UNFy, WAS 7 , 5 T.D of M; iAt'k-A ki 01, Parcel o_ 1823 5-92OR Page 9 of 10 Instrument Number: 20221117000157 Document:EAS Rec: S212.50 Page-10 of 10 Record Date:11/17/2022 10:08 AM King County, WA Robert Gambill SPU Rainier Avenue Road Easement ORD ATY 2 DI