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Home My WebLink About1998 - Underground Easement - Rhodia Inc / Boeing Company - 98060809359806080935 EXCISE TAX NOT REQUIRED Gerald Bresslour The Boeing Company PO BOX 3707 MC 13 -08 SEATTLE WA 98124 -2207 Underground Easement Grantor: Rhodla Inc., a Delaware corporation McLaughlin, Thomas C. Director, Real Estate & Facilities Management Grantee: The Boeing Company, a Delaware corporation Ormsby, Robert D. Director I &CS Facilities Legal description: CHICAGO TITLE INS. CO. REFINaS 7a 1<4: 1 N5 �d COM n o* anmesa. croft W en* lo kbarhi Musty arld/dr eltosst A PORTION OF LOTS .1 AND 2 OF THE PLAT OF THE MEADOW TRACTS UNRECORDED, AND OF MCNATTS DONATION CLAIM NUMBER 38 IN THE SOUTH ONE -HALF OF SECTION 33, TOWNSHIP 24, WESTERLY OF EAST MARGINAL WAY SOUTH RNO T 4 EAST, W.M. LYING AND BEGINNING 1374.17 FEET SO NORNORTHERLY OF A LINE THE NORTH LINE CLAIM AS MEASURED ALONG THE WEST AST MFR GIN OF EAST SOUTH AND THE TRUE POINT OF BEGINNING. MARGINAL GiAL WAY Assessor's Property Tax Parcel Account Number(s): 542260.0010 RECEIVED SEP 14 225 COMMUNIT DEvELOpmENT 7t0981pkn t •■■..•..... _., «.._.,�.,,.,._ ..... UNDERGROUND EASEMENT The undersigned Grantor, their heirs, successors and assigns (hereinafter together referred to as 'Grantor"), for good and valuable consideration, the receipt of which is hereby acknowledged, hereby conveys and grants to The Hoeing Company, a Delaware corporation, its successors and assigns (hereinafter together referred to as 'Grantee"), a permanent easement over, across, along, in, upon and under the following described property: AN EASEMENT FOR THE PURPOSE OF INSTALLATION, REPAIR AND MAINTENANCE OF AN UNDERGROUND COMMUNICATION SYSTEM BEING A PORTION OF LOTS 1 AND 2 OF THE PLAT OF THE MEADOWS TRACTS UNRECORDED, AND OF MCNATTS DONATION CLAIM NUMBER 38 IN THE SOUTH ONE-HALF OP SECTION 33, TOWNSHIP 24, RANGE 4 EAST, W.M. LYING WESTERLY OF EAST MARGINAL WAY SOUTH AND NORTHERLY OF A LINE BEGINNING 1374.17 FEET SOUTHERLY OF THE NORTH LINE OF SAID DONATION CLAIM AS MEASURED ALONG THE WEST MARGIN OF EAST MARGINAL WAY SOUTH AND THE TRUE POINT OP BEGINNING. THENCE NORTH 89 °27'50" WEST 14.94 PERT; TTEICE NORTH 88 ° 54'59" WEST 486.97 FEET; THENCE NORTH 84•17'04" WEST 117.00 FEET; THENCE SOUTH 83 °57'56" WEST 119.00 FEET; THENCE SOUTH 70'40'29" WEST 110.17 FEET; THENCE SOUTH 61°33'40" WEST TO THE EASTERLY MARGIN OF COMMERCIAL WATERWAY NUMBER ONE; THENCE NORTHWESTERLY ALONG SAID MARGIN TO A POINT 237.76 FEET SOUTHEASTERLY OF THE NORTHWEST CORNER OF TRACT 2 OF SAID SUBDIVISION; THENCE EAST 1053.10 FEET; 'THENCE SOUTH 23'02'00" EAST 46.03 FEET; THENCE EAST 561.38 FEET; THENCE SOUTHEASTERLY TO THIN POINT OF BEGINNING, LESS RAILROAD RIGHT -OF -WAY. SAID EASEMENT AREA BEING A STRIP OF LAND LYING EAST OF MB FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHEAST CORNER OF THE ABOVE DESCRIB® PARCEL THENCE NORTH 88 °51'16' WEST ALONG THE NORTH LINE THEREOF 8.74 FEET TO THE POINT OF BEGINNING OF SAID LINE; THENCE SOUTH 22'32'15" EAST PARALLEL WITH THE WEST MARGIN OP EAST MARGINAL WAY SOU173 427.47 FEET TO THIN SOUTH LINE OF SAID PARCEL AND POINT OF TERMINUS OF SAID LINE. SAID POINT OF TERMINUS LYING NORTH 88 ° 19'06° WEST 14.94 FEET; THENCE NORTH 85 WEST 12.74 FEET PROM THE SOUTHEAST CORNER OF SAID PARCEL. CONTAINING 4.542 SQUARE FEET OR 0.10 ACRES, MORE OR LESS. Said easement being for the purpose of operating and maintaining, removing, repairing, replacing and using a commwucatnons duct bank with all connections, • •,, 710981lpta 2 : .► manholes and appurtenances thereto, together with the right of ingress to and egress from said described property for the foregoing purposes. Said easement to commence on the date of this instrument and shall terminate after the Grantee ceases to use said easement area. The Grantor and the Grantee mutually covenant and agree as follows: I . Grantee shall, upon completion by Grantee of any repair, or replacement of any facilities described herein, remove all debris and restore the surface of the above - described property as nearly as possible to the condition in which it existed at the date of this agreement. 2. Grantee shall, if the above described property is disturbed by Grantee's maintenance, removal, repair or replacement of the facilities specified herein, restore the surface of the above described property as nearly as possrbk to the condition in which it misted at the commencement of said maintenance, removal, repair or replacement. If the Grantee discovers any substance at the property which is or may us be contamination or hazardous materials, the Grantee shall promptly stop work and notify the Grantor. The Grantor shall be responsible for the ranediation or cleanup of such materials and the Grantee shall reimburse the Grantor to the extent that such contamination was released by the Grantee. 3. Grantee shall protect and save harmless Grantor from any and all claims, demands, loss, damage, expense and liability for death of or injury to arty son, for any damage to or loss or destruction of property whatsoever suffered by Cantor, their heirs, successors and assigns, or by any persons, firms or corporations, to the extent caused by the maintenance of said facilities or by reason of the presence of said facilities on the property of the Grantor. Grantee shall protect and save harmless Grantor from any and all claims, demands, loss, damage, expense and liability for ranediation or cleanup of any contamination released onto the property of the Grantor to the extent arising out of the maintenance of said facilities or yb reason of the presence of said facilities on the property of the Grantor. 4. All right, title, and interest that may be used and enjoyed without interfering with the easement rights herein conveyed are reserved to the Grantor. Except as otherwise provided herein and after the date of this agreement the construction, installation or maintenance by Grantor, its successors or assigns, or any patty acting under authority of Grantor, of any structure, improvement, or equipment, whether temporary or permanent, shall be absolutely prohibited within the above described permanent easement area and shall be deemed an uritaonable interference with the Grantee's easement rights unless specifically approved in writing by the Grantee which approval shall not be unreasonably withheld. Moreover, as to such unapproved structures the obligations of Grantee set out in Paragraph 1, 2 and 3 shall not apply. • 5. Grantor makes no warranty concerning Grantor's title to the above -desc property. DATED this PAday of r l 191L. ,Il Grantor: Rhodie Inc. 'TIC ' "t7!'TT; 110914in 3 r , ' - • Estate & Facilities Management • U1c. CN7S00 Cranbury, NJ 08512 -7500 Grantee: The Boeing Cotpao9 By: Robert b. Ormsby Ti Director I&CS Fealties Boeing Information Space & Defense Systans P.O. Box 3999, MC 8A-97 Seattle, WA 98124-2499 - • , ; . • ' . ! State of Washington ) as. County of King ) On this day personally appeared before me Robert D. Ormsby to me known to be the Director of 1&CS Facilities of the corporation which executed the within and foregoing instnunent, and acknowledged 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 or she was authorized to execute said instrument and that the seal (if any) affixed is the corporate seal &said corporation In Witness Whereof I have hereunto set my band and affixed my official seal this Z o day of fit 0 I 99L. 710981 4 ACKNOViLEDGMENT ' iii and for the State of W =Wing at :174.st, My commission expires 4 , • ---, : . • ACKNOWLEDGMENT State of New Jersey ) as. County of hfiddleser ) On this day personally appeared before me lbgmagiQjdraughli to me known to be the iv_ of the corporation which executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mattioned, and on oath stated that he or she was authorized to exaxne said instrument and that the seal (if any) affixed is the corporate seal of said corporation. ln Witness WhereoC I have hereunto set my hand and affixed ray official seal this _211±_kday 0 f 199/ and State of ew Jersey residing at 2Ljfd4 ct.4-4',..e.e My commission wires •. MAIM, O. 1.0.1410 Wetly Polkle, Blots ol Niro barmy • County et Stibillotex Commission Wee* Cletobsr II, 2002 • ems or £W$Q$: •AS+wot• ccostoIAK mp1, warm MIL •43m OM 114A7 ORAMNO BY le P. DC MI e004 G011PMfl' 1l11m: 111aMC + t DRA 1/ 170-102 A!.