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HomeMy WebLinkAboutL_Southport Hotel Utilities Easement_170915_v1Utilities Easement-City of Renton-080417\ Page 1 of 4 FORM 03 0013/bh/CA2-21-97 Return Address: City Clerk’s Office City of Renton 1055 South Grady Way Renton, WA 98057 Title: UTILITIES EASEMENT Property Tax Parcel Number: 082305-9216, 052305-9075 Project File #: Street Intersection or Project Name: Southport Reference Number(s) of Documents assigned or released: Additional reference numbers are on page _____. Grantor(s): Grantee(s): 1. Office at Southport LLC 2. Hotel at Southport LLC 1. City of Renton, a Municipal Corporation Additional legal is on Exhibit A of document. LEGAL DESCRIPTION: Office: LOT B OF CITY OF RENTON SOUTHPORT LOT LINE ADJUSTMENT NUMBER LUA-14-001514, AS RECORDED DECEMBER 23, 2014 AS RECORDING NO. 20141223900010, IN KING COUNTY, WASHINGTON. Hotel: LOT A OF CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA 14-001514, AS RECORDED DECEMBER 23, 2014 AS RECORDING NO. 20141223900010, IN KING COUNTY, WASHINGTON. Utilities Easement-City of Renton-080417\ Page 2 of 4 FORM 03 0013/bh/CA2-21-97 That said Grantor(s), 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 public utilities (including water, wastewater, and surface water) with necessary appurtenances over, under, through, across and upon the following described property (the right-of-way) in King County, Washington, more particularly described on Exhibit A. For the purpose of constructing, reconstructing, installing, repairing, replacing, enlarging, operating and maintaining utilities and utility pipelines, including, but not limited to, water, sewer and storm drainage lines, 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. 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. 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. e. Blast within fifteen (15) feet of the right-of-way. This easement shall run with the land described herein, and shall be binding upon the parties, their heirs, successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. By this conveyance, Grantor will warrant and defend the sale 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. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this ____day of August 2017. OFFICE AT SOUTHPORT LLC HOTEL AT SOUTHPORT LLC Utilities Easement-City of Renton-080417\ Page 3 of 4 FORM 03 0013/bh/CA2-21-97 Form 84 0001/bh IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that Michael Christ signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the CEO of SECO Development, Inc., the Managing Member of Office at Southport LLC to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary (Print)_____________________________________ My appointment expires:____________________________ Dated: Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that Michael Christ signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the CEO of SECO Development, Inc., the Managing Member of Hotel at Southport LLC 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: 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: Utilities Easement-City of Renton-080417\ Page 4 of 4 FORM 03 0013/bh/CA2-21-97 EXHIBIT A LEGAL DESCRIPTIONS OFFICE: PARCEL A: LOT B OF CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA 14-001514, AS RECORDED DECEMBER 23, 2014 AS RECORDING NO. 20141223900010, IN KING COUNTY, WASHINGTON. PARCEL B: EASEMENTS FOR INGRESS, EGRESS AND RAILROAD CROSSINGS AS ESTABLISHED IN RECORDING NOS. 6201855, 6317510, 9902019014 AND 20000131900006, IN KING COUNTY, WASHINGTON. HOTEL: PARCEL A: LOT A OF CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA 14-001514, AS RECORDED DECEMBER 23, 2014 AS RECORDING NO. 20141223900010, IN KING COUNTY, WASHINGTON. PARCEL B: A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AS ESTABLISHED BY DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND GRANT OF EASEMENTS FOR SOUTHPORT RECORDED UNDER RECORDING NO. 20001117000535, IN KING COUNTY, WASHINGTON, AS AMENDED BY FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND GRANT OF EASEMENTS FOR SOUTHPORT RECORDED UNDER RECORDING NO. 20170118001806, IN KING COUNTY, WASHINGTON. PARCEL C: THE RIGHT TO USE, IN COMMON WITH OTHER MEMBERS OF THE PUBLIC, A NON-EXCLUSIVE EASEMENT GRANTED TO THE CITY OF RENTON FOR PUBLIC STREET PURPOSES, AS ESTABLISHED IN INSTRUMENT RECORDED UNDER RECORDING NOS. 6201855, IN KING COUNTY, WASHINGTON. PARCEL D: A NON-EXCLUSIVE EASEMENT FOR ACCESS, LANDSCAPE, CONSTRUCTION, SIGNAGE, UTILITIES AND RELATED PURPOSES AS CREATED BY THAT ACCESS, LANDSCAPE AND UTILITIES EASEMENT AGREEMENT RECORDED UNDER RECORDING NO. 20130207001327, IN KING COUNTY, WASHINGTON. PARCEL E: A NON-EXCLUSIVE EASEMENT FOR CONSTRUCTION CRANE AIRSPACE USE AS CREATED BY THAT TEMPORARY AIRSPACE EASEMENT AGREEMENT RECORDED UNDER RECORDING NO. 20150219000534, IN KING COUNTY, WASHINGTON. PARCEL F: A NON-EXCLUSIVE EASEMENT FOR PARKING AND ACCESS USE AS CREATED BY THAT PARKING AND ACCESS EASEMENT RECORDED UNDER RECORDING NO. 20170118001805, IN KING COUNTY, WASHINGTON.