5c Easement
RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Seattle Public Utilities Real Property Services Post Office Box 34018 Seattle, WA 98124-4018 Reference Nos. of Document Released: Grantor: Grantee: Legal Description (abbreviated): Assessor's Tax Parcel ID No. This Easement Agreement ("Easement Agreement") is made effective as of the ____ day of ___________, 2011 by and between the Port of corporation ("Grantor"), and acting by and through Seattle Public Utilities ("Grantee"). Unofficial EASEMENT AGREEMENT NonePort of SeattleCity of SeattlePortions of Parcel 1, City of Seattle Short PlatNo. 9703001, Recorded under RecordingNumber 97062790157666703460 Seattle, a Washington municipalthe City of Seattle, a Washington municipal corporation, RECITALS WHEREAS, Grantor petitioned the City of Seattle to vacate Southwest Idaho and Dakota Streets between West Marginal Way Southwest and the Duwamish River and a portion of Iowa Avenue Southwest in Seattle ("Streets"), as more particularly described in the vacation petition to the City of Seattle Clerk File No. 297660, and as amended by the revised legal description attached and incorporated as Exhibit A ("Vacated Area"); and WHEREAS, the Grantor owns King County Assessor's Tax Parcel Number 7666703460 on which it maintains a bioswale drainage facility ("Bioswale") and public access to the Duwamish River ("Grantor's Property"); and WHEREAS, the Grantee operates a 30-inch stormwater drainage facility that was relocated in 1997 by the Port of Seattle in accordance with Permit No. U6446 and as more particularly shown on the approved plans ("Plan Nos. 881-58-1 and 2"), including all necessary and convenient appurtenances ("Facilities"). The Facilities are an integral part of the Grantee's municipal storm drainage utility system, a portion of which are located on and terminate at the Bioswale on Grantor's Property; and Document WHEREAS, the Grantee's vacation of the Streets is conditioned, in part, on Grantor transferring title of ownership of the relocated Facilities to the Grantee and conveying satisfactory utility easements to the Grantee for the Facilities existing in the Vacated Area or Grantor's Property; and WHEREAS, Grantor desires to fulfill the above-stated condition for vacation of Southwest Dakota Street. NOW, THEREFORE, the parties agree as follows: EASEMENT In consideration of the Grantee's vacation of Southwest Dakota Street and other good and valuable consideration, receipt of which acknowledged, Grantor hereby conveys and grants to Grantee, a sixteen-foot (16') wide, nonexclusive permanent easement for the construction, operation and maintenance of the Facilities over, under, through, across and upon the westerly portion of Grantor's Property, as legally described in Exhibit B attached hereto and incorporated herein ("Easement Area"), together with the right of reasonable ingress to and egress from West Marginal Way Southwest across Grantor's Property to the Easement Area if necessary. This Easement Agreement shall include only such rights in the Easement Area as shall be necessary for Unofficialtheinspection, construction, reconstruction, alteration, operation, improvement, maintenance, repair and replacement of, and additions to the Facilities, and access thereto ("Purposes"). Grantor, its successors and assigns, shall have the right to use the Easement Area in any way and for all purposes which do not unreasonably interfere with the easement rights for the Purposes herein granted to Grantee and which are consistent with the terms and conditions of this Easement Agreement. A. Grantee's Purposes, Uses and Obligations 1. Grantee, and its employees, contractors and consultants shall have the right to enter upon and use the Easement Area at all times to install, construct, alter, repair, operate, improve, replace, maintain and add to the Facilities, and shall have the right to remove all or any part of said Facilities from the Easement Area. 2. Grantee, at its own expense, shall have the right to replace and improve any Facilities within the Easement Area with stormwater drainage facilities of the same or larger diameter and capacity, or functionality; provided that, upon completion, any new Facilities will not unreasonably block, obstruct, hinder or otherwise prevent access over and across the Grantor's Property. Grantee agrees to restore the Easement Area following any activity by Grantee that disturbs the Easement Area, to the condition it was in immediately prior to Grantee's work being commenced. Documentarehereby B. Grantor's Obligations and Activities in Easement Area 1. Grantor agrees that, it will not knowingly permit any other utility facility, including without limitation, conduits, cable, pipelines, vaults, poles, posts, whether public or private, to be installed within five (5) horizontal feet of the Facilities or any crossings over the Easement Area that do not maintain a minimum vertical clearance of eighteen (18) inches from all of the Facilities. 2. Grantor and its employees, agents, lessees, licensees or invitees may move vehicles, containers, equipment and similar items or personal property (collectively "Grantor's Equipment") across any part of the Easement Area; provided that the combined weight of Grantor's Equipment does not exceed H-20 weight loading as described in attached Exhibit C attached hereto and incorporated herein. 3. Grantor shall not, and shall not permit its invitees to make any excavation, boring, without the prior written permission of withheld, conditioned or delayed. 4. Grantor shall not, and shall not permit its employees, agents, lessees or tenants to (a) erect, plant, or allow to remain any buildings, walls, rockeries, trees, shrubbery, or obstruction of any kind or (b) place any fill material of any kind within the Easement Area, without the prior written permission and approval of Grantee. 5. Grantor shall be responsible for regularly maintaining the Bioswale on Grantor's Property in accordance with any applicable state or local laws or requirements and to avoid build-up of debris or other materials improper functioning of Grantee's Facilities draining into the Bioswale. Grantor shall inspect the Bioswale on at least a semi-annual basis and be solely responsible for the cost of maintaining the Bioswale . In the event Grantee reasonably determines that additional maintenance of the Bioswale is necessary to maintain the proper draining of Grantee's Facilities (e.g. after a storm event), Grantee will provide Grantor ten (10) days' notice to perform the additional maintenance. If Grantor fails to complete the required maintenance within that time period or another time period as mutually agreed upon by the parties, Grantee will have the right to perform or cause to perform the maintenance at the sole expense of Grantor. If Grantee determines that an imminent or present danger to its Facilities exists, Grantee may perform any emergency maintenance or repair without prior notice to the Grantor at the sole expense of Grantor. In either case, Grantee will invoice Grantor for the reasonable costs for the work performed by Grantee and Grantor will reimburse Grantee within 60 days of receipt of such invoice. Unofficial Documentemployees, agents, tenants, licensees oror tunneling within the Easement AreaGrantee, which shall not be unreasonablythat could potentiallycause back-ups or C. Indemnification and Insurance 1. To the extent permitted by law, Grantor and Grantee shall protect, defend, indemnify, and save harmless the other party, and its officers, officials, employees, and agents from any and all costs, claims, demands, judgments, damages, or liability of any kind including injuries to persons or damages to property (each, a "Claim"), to the extent caused by the negligent acts, omissions or willful misconduct of the indemnifying party. Each party agrees that its obligations under this Section C.1 extend to any claim, demand, or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each party, by mutual negotiation, hereby waives, with respect to the other party only, any immunity that would otherwise be available against such claims under the industrial insurance provisions of Title 51 RCW. In the event of any claims, demands, actions or lawsuits, the indemnifying party upon prompt notice from the other party shall assume all costs of defense thereof, including legal fees incurred other party, and of all resulting judgments that may be obtained against the other party. The prevailing party shall be entitled to recover its reasonable costs and expenses (including reasonable attorneys' fees) incurred to enforce the provisions of this section. 2, Grantor shall indemnify, defend and hold harmless Grantee, its officers, employees and agents from any and all liabilities, losses, damages, costs, expenses or claims of any kind or nature (including, without limitation, reasonable attorneys' fees and any liability for costs of investigation, abatement, remediation, cleanup, fines, penalties, or other damages arising under any environmental laws) arising out of or in connection with the disposal, release or discharge, migration, handling, or transportation of hazardous materials or substances, as that term may be defined by applicable local, state or federal law on or from any portion of Grantor's Property, including the Easement Area, any time after the recording of this Easement, except to the extent caused by Grantee's operations for the Purposes herein. D. Transfer of Title of Facilities On the effective date of this Easement Agreement, Grantor shall convey to Grantee full title and ownership of the Facilities within the Easement Area pursuant to a bill of sale in a form substantially as that set forth in Exhibit D, attached hereto and incorporated by this reference. E. Compliance with Laws Grantee and UnofficialGrantor in the exercise of their respective rights under this Easement Agreement shall comply with all applicable federal, state and local laws, ordinances, and regulations, including environmental laws and regulations. F. Runs with Land Documentbythe This Easement Agreement and each of the terms, provisions, conditions and covenants herein shall run with the land and be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, assigns and successors-in-title. Grantor and Grantee hereby represent and warrant to each other that it has necessary authorization to enter into this Easement Agreement and that it has been executed by a duly authorized officer of Grantor and Grantee respectively. Unofficial[THE REST OF THIS PAGE IS LEFT INTENTIONALLY BLANK][SIGNATURE(S) ON ATTACHED PAGE(S)] Document Port of Seattle, a Washington The City of Seattle municipal corporation Seattle Public Utilities By ______________________________ By ___________________________________ Charles Sheldon, Managing Director, Ray Hoffman, Acting Director Seaport Division Date __________________, 2011 Date ________________________, 2011 STATE OF _________________________ ) ) COUNTY OF _______________________ ) I certify that I know or have satisfactory evidence that ________________is the person who appeared before me and signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as the ____________________ of free and voluntary act of such party(ies) for the uses and purposes mentioned in the instrument. SUBSCRIBED AND SWORN to before me this ____day of __________________2011 STATE OF _______________________ ) ) SS. COUNTY OF _____________________ ) I certify that I know or have satisfactory evidence that Ray Hoffman is the person who appeared before me and signed this instrument, on oath stated that s/he was authorized to execute the instrument and acknowledged it as Acting Director of the City of Seattle, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. SUBSCRIBED AND SWORN to before me this ____day of __________________2011 Unofficial Documentthe Port of Seattle, to be theNAME________________________________(Print name) ___________________________NOTARY PUBLIC in and for the State ofWashington ____________________________Residing at Seattle _______________________My appointment expires: ___________, 20 ___of Seattle Public Utilities NAME________________________________(Print name) ___________________________NOTARY PUBLIC in and for the State ofWashington ____________________________Residing at Seattle _______________________My appointment expires: ___________, 20 ___ Unofficial Document Unofficial Document Unofficial Document Unofficial Document Unofficial Document EXHIBIT D BILL OF SALE (Personal Property) FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, the PORT OF SEATTLE, a municipal corporation ("Seller"), hereby sells and conveys to ____________________ ("Buyer"), all of its right, title and interest in and to the personal property consisting of ______________________ Property") located on real property owned by Seller and legally described as follows: UnofficialINSERT LEGAL DESCRIPTION This Bill of Sale is made without recourse or warranty whatsoever except that Seller owns the Personal Property free and clear of all liens, exceptions, and encumbrances except the lien for personal property taxes, if any, not acknowledges and agrees that Buyer and its representatives have been afforded the opportunity to make such inspections of the Personal Property and matters related thereto as they desire. Buyer acknowledges that notwithstanding any prior or contemporaneous oral or written representations, statements, documents or understandings, Seller has not made and does not make any representations or warranties of any kind whatsoever, either express or implied, with respect to the Personal Property or any such related matters and the Personal Property or any such related matters and the Personal Property is sold to Buyer in an "AS IS" condition. IN WITNESS WHEREOF, Seller has executed this Bill of Sale as of ______________, 20____. Documentof the State of Washington("Personalyet delinquent by non-payment.Buyer hereby SELLER: PORT OF SEATTLE
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