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Home My WebLink AboutE 20230125000085 Instrument Number: 20230125000085 Document:EAS Rec: $208.50 Page-1 of 6 Record Date:]/2�/2023 8:40 AM Electronically Recorded King County,WA EXCISE TAX NOT REQUIRED BY HOLLY FERGUSON,DEPUTY After recording return document to: City of Renton City Clerk's Office 1055 South Grady Way Renton,WA 98057 Grantor(s): Gene Sens and Huong 5ens Grantee(s}: City of Renton,a Washington municipaf corporation Abbreviated Legal Description:L73&S SO FT OF LT2,BC27,TOWN OF RENTON Full Legal Description on Page(s)6 of dacument Assesso�s Tax Parcel Number:723150-2387 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTIaN EASEMEN7 THE RENTON TRAIL CONNECTOR—BURNETT AVE S SIDEWALK REHABILITATION PROJECT This Temporary Construction Easement(the"Construction Easement"),is made and entered into as of#he last signature date set forth below,by and between Gene Sens and Huoag 5ens,husband and wife("Grantor"),and the City of Renton,a Washington municipal corporation("City"or"Grantee"),its successors and assigns. For Good and Valuable Consideration, sufficiency and receipt of which are hereby acknowledged,Grantor,as the owner ofi that certain real property, known as King County Parcel Number 723150-2387,legally described on Exhibit"A"—Entire Parcel("Propert�'), attached hereto and incorporated by this reference, does hereby grant to the City, a 600 square foot temporary easement for construction and access purposes in, on, over, through and across that portion of the Property described on Exhibit "B" ("Easement Area"),which are attached hereto and incorporated by this reference,for the purpose of regrading the property to match the new improvements; protecting existing public and private improvements in the immediate vicinity of the Project area;access;and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties.Grantee and/or its contractors shall provide forty-eight{48)hours PaBe 1 of(6]Pages Instrument Number: 20230125UUUU85 Document:EAS Rec: �2U8.50 Page-2 of 6 Record Date:l/25/2023 8:40 AM King County,WA TEMPORARY CONSTRUCTION EASEMENT notice to the Grantor of its intent to commence construction.The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) 730 days after the commencement of construction or {ii) upon restoration of any existing improvements disturbed by the Grantee within the Easement Area, whichever is later, but in no event later than the completion of the Project. The Grantee agrees to hold harmless,indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, inc3uding employees of the Grantee,or damage to property,arising out of the exercise of Grantee's rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee's activities authorized by this Construction Easement,provided,however,that: (a) The Grantee's obligations to indemnify,defend and hold harmless shall not extend to injuries,sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor;and (b) The Grantee's obligations ta indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee,shall apply only to the extent of the negligence or willful misconduct of the Grantee(including an officer,agent,contractor or employee of the Grantee). Grantee shall,at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any pubtic or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable,to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purpases expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder,shalf run with the land described herein,and shall be binding upon the parties,their successors,heirs and assigns. Page 2 of(6}pages Instrument Number: 20230125UUUU85 Document:EAS Rec: �2U8.50 Page-3 of 6 Record Date:l/25/2023 8:40 AM King County,WA TEMPORARY CONSTRUCTION EASEMENT Grantor covenants that it is the lawful owner of the abave-described property and has authority to convey such easement. Any lawsuit or legal action brought by any party to enforce or interpret this Construction Easernent or any of its terms or covenants shall be brought in the King Caunty Superior Court for the State of Washington at the Mafeng Regiona)lustice Center in Kent, King County,Washington,or its replacement or successor It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton,unless and until accepted and approved hereon in writing by the City of Renton. �'D�� Dated• C7/vv � �,� .20� Grantor: Gene Sens and Huong Sens,husband and wife � BY . ��--�'A / , �?,-� "� 1-�U ��- � �V 5 Its � [TITi.E� � w��C�~�- � Accepted and Approved City of Rentan � � � , �. �, .. . By <�; �. . u��. , �,,C,�.. ��«- �� Chip Vincent Its CED-Adminfstrator Date 01/24/2023 Page 3 0€(6�Pages Instrument Number: 20230125UUUU85 Document:EAS Rec: �2U8.50 Page-4 of 6 Record Date:l/25/2023 8:40 AM King County,WA TEMPORARY CONSTRUCTION EASEMENT 1NDlYlAUAL ACKNOWL DGMENT STATE OF WCI�C%L� � � ss. couNrr oF� �c��.�u-on,� �3,�'� [�� "� On this day personally appeared before me .to me known to be the individual(s)described in and who executed the within and foregoing instrument, and acknowledged that �e/they signed the same as�isf h�r/their free and voluntary act and deed,for the uses and purposes therein mentioned. DATED this Z� day of .20� `��a��niirrr�q�i L .�`��``G�6S�N ��i�� `` \� ...5.... i� `��Q:'�ery2e 2?�,c'•� ,�� Notary Public - :•a�.'� PRv % m �pS : - ati I . � _ ;a /• G . - CLYl7'�--��C.�. i P11��"��` Printed Name ''i •�•. OOMM# .��•` esidi f-�,^- ,,/,,��s�ui��►►+��``�� at `�-�/� My ppointment expires ��z� Page 4 of(6)Pages Instrument Number: 20230125UUUU85 Document:EAS Rec: �2U8.50 Page-5 of 6 Record Date:l/25/2023 8:40 AM King County,WA TEMPORARY CONSTRUCTION EASEMENT EXHIBIT"A" ENTIRE PARCEL LEGAL DESCRIPTION LOT 3 AND THE SOUTH 10 FEET OF LOT 2, BLOCK 27,TOWN OF RENTON ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 1 OF PLATS, PAGE 135, IN KING COUNTY, WASHINGTON, EXCEPT THE EAST 5 FEET FOR ALLEY. Page 5 of(6) Pages Instrument Number: 20230125UUUU85 Document:EAS Rec: �2U8.50 Page-6 of 6 Record Date:l/25/2023 8:40 AM King County,WA TEMPORARY CONSTRUCTION EASEMENT EXHIBIT"B" TEMPORARY CONSTUCTION EASEMENT LEGAL DESCRIPTION THE WEST 10 FEET OF LOT 1 IN BLOCK 27,TOWN OF RENTON,AS PER PLAT RECORDED IN VOLUME 1 OF PLATS,PAGE 135,RECORDS OF KING COUNTY AUDITOR; EXCEPT THAT PORTION CONVEYED TO THE CITY OF RENTON FOR STREET PURPOSES BY DEED RECORDED UNDER RECORDING NO.7305180518; SITUATE IN THE CITY OF RENTON,COUNTY OF KING,STATE OF WASHINGTON. Page 6 of(6) Pages