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HomeMy WebLinkAboutE 20230609000194 Instrument Number: 20230609000194 Document:EAS Rec: $212.50 Page-1 of 10 Record Date:6/9/2023 9:30 AM Electronically Recorded King County,WA EXCISE TAX NOT REQUIRED BY PAUL JUNG,DEPUTY After recarding return dacument to: City of Rentan City Clerk's Office 1055 South Grady Way Renton, WA 98057 Grantor(s): Weatherly Inn - Renton LLC, a Washington Limited Liability Company Grantee(s): City of Renton, a Washington municipal corporation Abbreviated Legal Descrip�ian: PTN N 5.5 Aeres of S %z of SE %,TGW S 5.5 Acres of N 31 Acres of PTN of SE %, of NE % Sec 31-23-5E, W.M., AKA PCL "A" of Dec af Lot Combination Rec #2Q2209Q9000598 Full Legal Description an �age 10 of document Assessor's Tax Parcel �lumber: 312305-9067 Referenc� N�amber af�elated Documents: N/A UT6LITY E�4SEMEfVT Weatherly Inn Project WHEREAS Grantor has constructed a new ten-inch (10") water main and related appurtenances including but nat �imited ta valves,fire hyclrants and water meters (collectively "water mains") within the easement areas as described and shawn in attached Exhibits A and B; and WHEREAS Grantar has constructed a multi-tier rockery retaining wall in close praximity to and over the new 10" water main as described and shown in Exhibits C and D, restricting access for maintenance and future repairs of the water main; and WHEREAS the multi-tier rockery retaining wall must be removed and replaced whenever repairs ta the water main are necessary, as directed by the Grantee Now therefore, the Grantar and Grantee (together "Parties") agree as follows: The Grantor(s), 1�/e�th�rly I�r� — �en�an LLC, a Washington limited liability company ("Grantor"), for and in cansideration of mutual benefits does hereby grant and convey unto the City af Rer�t�n, a municipal corporation, and its successors and assigns ("City" or "Grantee"), from the praperty legally described an Exhibit E — Entire Parcel (the "Property"), attached hereto and incorparated by this reference, a permanent utility easement with necessary appurtenances and access thereto ("Easement"),for the purpases described below, Page 1 of(10) Pages Parcel No. 312305-9067 Instrument Number: 20230609000194 Document:EAS Rec: $212.50 Page-2 of 10 Record Date:6/9/2023 9:30 AM King County,WA l91'IL61`V E,4SEPVIEf�1" aver, under, in,on, along,acrass,through, below, and upan,the portion af the Property legally described on Exhibit A, (the "Easement Area") and depicted on Exhibit B, which are attached hereto and incorporated by this reference. The Grantee and its agents, designees and/or assigns shall have the right at such times as deemed necessary by Grantee, to enter upon, aver, under in, an, along, across, thraugh, below, and upan, the Easement Area for the purpose of canstructing, repairing, replacing, operating and maintaining water mains and related appurtenances ("facilities") withaut priar institution of any suit or proceedings and without incurring any legal obligation or liability therefore. THIS EASEMENT is executed and delivered and said Easement is granted upon the following conditions to wit: 1. The Grantor, its heirs, executors, administratars, successors and assigns, hereby releases the Grantee, its agents and employees, assigns and successors from any and ail liability for damage ta the remaining lands resulting from this conveyance and Grantee's exercise of the rights granted under this Easement, pravided the Grantee, its agents and emplayees, assigns and successors shall as soon as practicable, after constructinn of its facilities and all subsequent alterations and repairs thereto, restare all property to the Grantor to a neat and presentable condition in campliance with federal, state, and local permitting. 2. Grantor reserves the right to use the Easement Area far any purpose not incansistent with the rights herein granted, however the Grantor shall not, without the Grantee's prior written approval: a. Erect ar maintain any new or additional buildings, structures, or improvements within the Easement Area; b. Disturb the lateral or subjacent suppart facilities and other improvements and uses of the Easement Area by Grantee, dig, tunnel, or undertake any form of canstruction or other activity that may disturb or damage the campaction or unearth Grantee's facilities on the Property or in the right-of-way or other improvements or uses of the Easernent Area by Grantee; c. Plant trees, shrubs, or other vegetation having deep root patterns that may cause damage to or interfere with the use af facilities; Page 2 of(1Q) Pages Parcel No. 312305-9067 Instrument Number: 20230609000194 Document:EAS Rec: $212.50 Page-3 of 10 Record Date:6/9/2023 9:30 AM King County,WA 11T'IL6�'Y E�4SEii/IENT' d. Develop, landscape, ar beautify the Easement Area in any way which would unreasonably increase the costs to Grantee of restoring the Easement Area and any private improvements therein. e. Blast within fifteen (15) feet of Grantee's facilities ar the right-of-way. f. Erect fences in such a way as to prevent access acrass the Property by Grantee's vehicles ta Grantee's facilities. Any fence construction must provide for an apening (gated, removable sections, barriers, ete.) of at least ten (10) feet in width, and shall camply with the codes and laws of the City of Renton and State of Washington. g. Erect any objects within fifiteen (15) feet above the ground surface within the Easement Areas. 3. In consideration far the grant af this Easement, Grantor (which includes its agents, employees, assigns,and successars) agrees that,at its sole cost and under Grantee's direction, in the event thafi Grantee's water main, located within the easement as shown in Exhibit D and described in Exhibit C must be excavated and/ar unearthed for repair and/or replacement Grantar will be responsible far: a. Removal of the multi-kier rockery retaining wall, and b. Excavation and/or unearthing of the water main c. Restoratian of the property and/or easement area including the replac�ment of the multi-tier rackery retaining wall after any repair and/or replacement af the water main 4. The rights granted herein shall not be construed to interfere with or restrict the Grantar, its heirs, executors, administrators, successors and assigns from the use of the Praperty outside of the Easement Area for the construction and maintenance af property improvements outside of the Easement Area. 5. This Easement and the rights, obligations and covenants stated in this Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Easement shall be recarded with the King County Recorder's Office. 6. Grantor covenants that it is the lawful owner of the above-described property and has authority ta convey this Easement. 7. Any lawsuit or legal action brought by any party to enforce or interpret this Canstructian Easement or any of its terms ar covenants shall be braught in the King County Page 3 af(10) Pages Parcel No, 3123Q5-9067 Instrument Number: 20230609000194 Document:EAS Rec: $212.50 Page-4 of 10 Record Date:6/9/2023 9:30 AM King County,WA ll`TILII'Y EA�ERIIEiVT Superior Caurt for the Stake of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Dated: �� '"? , 2023 Grantar: 1�/eatherly Ir�n—Rentan LL� By �°� Alex Bunn Its Chief Executive Officer Page 4 of(10) Pages Parcel No. 312305-9067 Instrument Number: 20230609000194 Document:EAS Rec: $212.50 Page-5 of 10 Record Date:6/9/2023 9:30 AM King County,WA 11T'6L01'Y EASE6�E�J`T �C6RP�RA7"E/LLC/REP�7ES�EIV7�A771/E,4CllIVOVIfLECiCMEiil1" STATE OF ` . � � ss. CO U NTY O F � � r��`�����°�°� I certify that I know or have satisfactary evidence that ��'�' � �_ is the person who appeared before me, and said person acknawledged that they signed this instrument, and an oath stated that they were authorized to execute the instrument and acknowledged it as the ��.Cl.��� " of ����c �� �:v�� -� , , to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this 1 �day of �. � , 2Q23. 1� �``'��\Ni1011fBJlfp 6s )��C�1�`�°'�� ��,�Ca������°Ar��q ���,�� Natary Public �, a�`�� ° � � � ����� � s �., � o :� � . � , . � �„���,�� �<�'� � 'n f. � ��a��� Printed Name � � � � �� � ��� ������'��`��'�Fl�������� Residing at � � >✓'aare�a�wate„°� , My appointment expires � I� � 1��'� � Page 5 of(10) Pages Parcel No. 312305-9Q67 Instrument Number: 20230609000194 Document:EAS Rec: $212.50 Page-6 of 10 Record Date:6/9/2023 9:30 AM King County,WA EXHI�IT '°�'► LE AL ESC IR°�I F E 1'I E SE E T A 15-FOOT-WIDE STRIP OVER,UNDER AND ACRQSS A PORTION OF PARCEL A,GITY OF RENTON DECLARATION OF LOT COMBINATION LUA22-000213-LG,RECORDING NUMBER 20220909000598,RECORDS OF KING COUNTY,WASHINGTON LYING IN THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER QF SECTIQN 31,TOWNSHIP 23 NORTH,RANGE 5 EAST,W.M., IN KING COUNTY,WASHINGTON LYING EAST OF THE KENT-RENTON RbAD NQ.80 (TALBOT ROAD SOUTH),THE CF_NTERLINE BEING DESCRIBED AS FOLLdWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 31; THENCE ALONG THE SOUTH LINE OF SAID SUBDIVISION,NORTH 89°00'56"WEST, 1319.76 FEET TO THE WEST LINE OF SAID SUBDIVISION; THENCE ALC7NG SAID WEST LINE NORTH 00°59'128"EAST,296.42 FEET TO THE WESTERLY EXTENSION OF THE SOUTH LINE OF SAID PARCEL A; THENCE SOUTH 89°01'12"EAST,30.00 FEET TO THE SOUTHWEST CORNER C1F SAID PARCEL A; THENCE ALONG THE WEST LINE OF SAID PARGEL A NORTH 00°59'12"EAST, 176.87 FEET TO THE POINT OF BEGINNING OF SAID CENTERLINE; THENCE SOUTH 88°59'49"EAST,A D15TANCE OF 13.15 FEET; THENCE NCIRTH 45°44'11"EAST,A DISTANCE OF 7.10 FEET; THENCF NORTH 89°26'37"EAST,A DISTANCE OF 102.21 FEET; THENCE SOUTH 00°50'48"WEST,24.21 FEET; THENCE NORTH 00°5Q'4t3°EAST,24.21 FEET; THENCE SOUTH 89°53'S3"EAST,A DISTANCE OF 76.02 FEET; THENCE NORTH 00°59'22"EAST,A DISTANCE OF 119.67 FEET; THENCE SOUTH 88°51'31"EAST,24.05 FEET; THENCE NORTH 8$°51'31"WEST,24.05 FEET; THENCE NORTH 00°59'22"EAST,A DISTANCE OF 32.11 FEET; THENCE SOUTH 88'59'55"EAST,A DISTANCE OF 87.39 FEET; THENCE SOUTH 00°59'34"WEST,33.62 FEET; THENCE iVORTH 00°59'34"EAST,33.62 FEET; THENCE SOUTH 88°59'S5"EAST,A DISTANCE OF 158.26 FEET; THENCE SOUTH 00°59'34"WEST,30.51 FEET; THENCE NORTH 00°59'34"EAST,30.51 FEET; THENCE SOUTH 88°59'55"EAST,A DISTANCE OF 42.90 FEET TO A POINT"A"; THENGE SOUTH 00°47'43"WEST,A DISTANCE dF 178.60 FEET; THENCE NQRTH 89°12'19"WEST,32.59 FEET; THENCE SOUTH 89°12'19"EAST, 32.59 FEET; THENGE SOUTH OQ°51'40"WEST,A DISTANCE OF 69.77 FEET; THENCE SOUTH 45'40'07"WEST,A DISTANCE OF 34.49 FEET; THENGE NQRTH 89°15'30"WEST,A DISTANCE OF 24.75 FEET TO A POINT"B" THENCE SOUTH 00°44'30"WEST,22.67 FEET; THENCE SOUTH 34°03'51"EAST,38.87 FEET; THENCE SOUTH 00°58'48"WEST, 10.00 FEET TO THE TERMINUS dF SAID CENTERLINE ON THE SOUTH LINE OF SAID PARCEL A; AL50 BEGINNING AT THE AFOREMENTIQNED POINT"A"; THENCE NORTH 00°45'04"EAST,25.06 FEET TO THE TERMINUS OF SAID CENTERLINE ON THE NQRTH LINE OF SAID PARCEL A; ALSO BEGINNING AT THE AF062EMENTIONEQ POINT"B"; THENCE NORTH 89°16'25"WEST,A DISTANGE OF 15.00 FEET TO TI-IE TERMINUS OF SAID CENTERLINE. CONTAINING: 17,252±SF 05/05/2023 g • �4.�oF W A Sy��� o� �,. -n � '+�`"40016 `w ��. �o �a Project: 18578 Weatherly waterline easement �f�iVqC/SL ANO S� 18578L.003.doc OBH May 5, 2023 Page 6 of(10) Pages Parcel Na. 312305-9067 Instrument Number: 20230609000194 Document:EAS Rec: $212.50 Page-7 of 10 Record Date:6/9/2023 9:30 AM King County,WA N E�HI�I1' "�" Y' P FE 1"I EE �E T PROPERTY LINE N00'45'04"E 25.06' S88'59'S5"E 42.90' � N00°59'22"E S88°59'55"E S88'59'55"E 32.11' I-�- 87.39' -,.,-,....— 158.26' - -_,_ .- POINT "A„ �CALE 1•-i��° �a�g — �5.0' — n,1`�^�'a� �� S00'59'34"W 30.51' � 0 15.0' � Ca � S00'59'34"W 33.62' � �� �� N• I S8$°51'31"E 24.OS' °r.° 20' WIDE ACCESS N � .- � AND UTILIIY EASEMENT c� �O7-, a� � � PER 2019083000Q759 T o = I PARCEL A, CITY OF RENTON ¢ N89'26'37"E ��' DECLARATION OF LOT COMBINATION � ~ 102.21' LUA22-000213-LC, REC, N0. o _ � 2022090900059$. �n � � 4500 TALBOT RD S. �� S89'53'53"E APN 3123Q5-9067 �y"' 76.02' S00'51'40"W Q� N89'12'19"W 32.59' 69.77' SOQ'5q'48"W 24.21' � !� N45'44"11"E 7.10' N89'15'30"W 24.75' iV Q, S88'59'49"E 13.15' POINT "B" I � CL P.O.B. S45'40'07"W `- 30.0' � 34.49' N89'16'25"W 15.00' S34'03'S1"E 1 38.87' S.W. CORNER OF S00'44'30"W S00'58'48"W PARCEL A 22.67' 10.00' � S89'01'12"E SOUTH LINE OF PARCEL A <`�,. 30.OQ' (NORTH LN. TALBOT PARK, PHASE 1, � VOL. 140, PG. 6) rn "' W. LN. OF SE1/4 QF THE NE1/4 w N � I � C7 O Z � P.O.C. �,,,. - - - ___._,ti- - 31 N89'00'56"W 1319.76' 32 P:\18000s�18578\survey�18578EXH05—EASE—WTR.dwg 5/5/2023 10:49 AM OHILLE SCALE.• F��e JOB NUMBER HORIZONTAL 1°'=10Q' VERTICAL N/A � �� I � �� �arghausen 18578L.003.DOC Cansulting Engineers,Inc. 1821S72ndAvenue5outh �0���� SHEEI� Kent,W 98032 � LI 425.251.6222 barghausen.+�am T 1 af 1 DRAWN dBH PAGE 5 af 5 APPROVED OBH DATE 5 05 23 Page 7 of(10) Pages Parcel No. 312305-9067 Instrument Number: 20230609000194 Document:EAS Rec: $212.50 Page-8 of 10 Record Date:6/9/2023 9:30 AM King County,WA E�FII�IT "'C'° LE L ES� fPTI F EA,SE ENT F 64TE AI U E� 11LTl-1`IE �I<E�Y �El' I IN LL A 15-FOOT-WIDE STRIP OVER,UNDER AND ACROSS A PORTIdN OF PARCEL A,CITY QF RENTON DECLARATION OF LdT COMB�NATION LUA22-000213-LC, RECQRDING NUMBER 2022d909000598,RECORDS OF KING COUNTY,WASHINGTON LYING IN THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER dF SECTION 31,TOWNSHIP 23 NORTH, RANGE 5 EAST,W.M., IN KING COUNTY,WASHINGTON LYING EAST QF THE KENT-RENTON ROAD NO.80 (TALBOT ROAD SOUTH),THE CENTERUNE BEWG DESCRIBED AS FQLLOWS: CQMMENCING AT THE EA5T QUARTER CORNER dF 5AID SECTION 31; THENCE ALONG THE SOUTH LINE OF SAID SUBDIVISION, NORTH 89°00'S6"WEST, 1319.76 FEET TO THE WEST LINE dF SAID SUBGIIVISION; THENCE ALONG SAID WEST LINE NORTH 00°59'128"EAST,296.42 FEET TO THE WESTERLY EXTENSIQN OF THE SOUTH LINE OF SAID PARCEL A; THENCE SOUTH 89°01`12"EAST,30.Oq FEET TO THE SOUTHWEST CORNER OF SAID PARCEL A; THENCE ALONG THE WEST LINE OF SAID PARCEL A NORTH QO°59'12"EAST, 176.87 FEET; THENCE SOUTH 8$"59'49"EAST,A DISTANCE OF 13.15 FEET; THENCE NORTH 45°44'11"EAST,A D15TANCE OF 7.10 FEET; THENCE NORTH 89°26'37"EAST,A DISTANCE dF 102.21 FEET; THENCE SOUTH 89°53'53"EAST,A DISTANCE OF 76.02 FEET; THENCE NORTH 00°59'22"EAST,A DISTANCE dF 151.7$FEET; THENCE SOUTH 88°59'55"EAST,A DISTANCE OF 288,55 FEET; THENCE SOUTH 00°47'43"WEST,A DISTANCE OF 178.60 FEET; THFNCE SOUTH 00°51'40"WEST,A DISTANCE OF 69.77 FEET; THENCE SOUTH 45°40'07"WEST,A DISTANCE OF 34.49 FEET; THENCE NdRTH S9°15'30"WEST,A DISTANCE 4F 24.75 FEET TO THE P41NT OF BEGIINNING OF SAID CENTERLINE; THENCE SOUTH 00°44'30"WEST,22.67 FEET; THENCE SOUTH 34°03'S1"EAST,38.$7 FEET; THENCE SOUTN 00°58'48"WEST, 10.00 FEET TQ THE TERMINUS dF SAID CENTERLINE ON THE SOUTH LINE OF SAID PARCEL A; CONTAINING: 1,186±SF 05/05/2023 r� B � �i ��i, �F W A Sy� � p��`' �; � a "`� � 40016 0 .�,w sip `��/S T F-��' S�`� �q� L A�� Page 8 af(10) Pages Parcel No. 312305-9067 Instrument Number: 20230609000194 Document:EAS Rec: $212.50 Page-9 of 10 Record Date:6/9/2023 9:30 AM King County,WA EXHI��T ��C1�" Y P F E SE E T F TER I 11 E ll�TI�1'IE CKE Y T I I ALL N PROPERTY LINE I S88'59'S5��E 288.55' SCALE 1°-100� g�6g � `�� 3123�� w � AQN .�`�"� a�d �� 20' WIDE ACCESS � ;n � � AND UTILIIY EASEMENT o `— � � PER 20190830000759 z � PARCEL A, CITY OF RENTON N89'26'37"E DECLARATION OF LOT COMBINATION � ~ _ 102.21' 1 LUA22-000213—LC, REC. N0. o 20220909000598. c�n � � 4500 TALBOT RD S. I �^ S89'S3'53"E APN 312305-9067 �a' 76.02' S00'51'40"W � S45'40'07"W 34.49' 69•77 �ty N45'44'11"E 7.10' NB9'15'30"W 24.75' a, 588'59'49"E 13.15' CL P.O.B. � �r' y Z 30.0' 15.0' -m— ,�c�Q S00'44'30"W 22.67' S34'03'51"E 38.87` 1 S00'58'48"W 10.00' S.W. CORNER OF I PARCEL A SOUTH LINE OF PARCEL A S89'01�12°E (NORTH LN. TALBOT PAftK, PHASE 1, � 30.00' VOL. 140, PG. 6) � � "' W. LN. OF SE1/4 OF THE NE1/4 w N O� I � O O Z � P.O.C. ,, — — _ � _ 31 N89'00'56"W 1319.76' . 32 P:\18000s\18578\survey\18578EXH06-EASE-WTR.dwg 5/5/2023 3:35 PM OHILLE SCALE: F�r� JOB NUMBER HORIZQNTAL 1"=100' VERTICAL N/A WEATH�RLY INN 1��7� Bar�hausen 18578L.004.DOC Consulting Engineers,Inc. 1821572ndAvenueSouth �A�IQ^ SHEEf Kent,W 98032 ����L�� 4z5.25,.6222 ba�9heus�n.com Aa�E NT � of � DRAWN OBH PAGE 5 of 5 APPRDVED UBH DATE 5 05 Z Page 9 of(10) Pages Parcel No. 312305-9067 Instrument Number: 20230609000194 Document:EAS Rec: $212.50 Page-10 of 10 Record Date:6/9/2023 9:30 AM King County,WA EXHI�IT ��E�� L L ESC 6 1"I F E 1`B E R CEL Parcel A: The south 5.5 acres of the narth 31 acres of that partion of the Southeast quarter of the Northeast quarter of Section 31, Township 23 PVorth, Range 5 East, W.M., in King Counky,Washington, lying eask of the Kent-Renton County Road; Except that porkion of said 5.5 acres lying within the east half of the southeast quarter of the northeast quarter of said Section 31 as described in deed to the State of Washiiigton, recorded July 14, 1958 under recording number 4921232; And except any porkion, if any, lying within the wes#half of the north 5 acres of the south 9 acres of the sautheast quarter of the northeast quarter of said Sectian 31; And except dedicated roads; And except any portion thereof lying autside of the boundaries of the tract of land acquired by Jack Sparks and wife, under recording number 4910771; And except that portion, if any,within the tract of land acquired by Ray Lewis and wife, under recording number 4445253;; And except that portion, if any,within the tract of land acquired by Grover Shergrud and wife under recording number 59731$1; And except that portion, if any, lying within the tract of land acquired by Arthur Swanson and wife recorded November 17, 1995 under recording number 9511170724. Parcel B: That portion of the north 5.5 acres of the sauth half of the southeast quarter af the northeast quarter of Section 31, Township 23 North, Range 5 East, W,M., in King Caunty, Washington, lying east of the John Langston County road, described as follows: Commencing at the east quarter corner of said Section 31; Thence along the east line of said section, north 01°15'13" eas#a distance of 659.00 feet; Thence along the north line of said 5.5 acres north 89°00'28"west a distance of 667.65 feet to the west line af a gravel pit and true point of beginning; Thence continuing north 89°00'28"west 481.00 feet; Thence south QO°21'10"west 181.16 feet to the sauth line of said north 5.5 acres; Thence along said south line south 89°00'13"east 480.99 feet to the west line of said gravel pit; Thence along said west line north 00°21'10"east 181.19 feet#o the true point af beginning. (Parcels A and B comprise all of Parcel A of City of Renton Declaration of Lot Combination LUA22-000213-LC, recorded under recording number 20220909000598,) Page 10 af(10) Pages Parcel No. 312305-9067