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Home My WebLink AboutE 20171220001183 614 40//66 9 /0/ SV- After recording return document to: CityClerk City of Renton I11III1 1 111111 IIS H 1111 1055 S. Grady Way Renton, WA 98057-3232 20171220001183 EASEMENT Rec:$83.00 1212012017 3:31 PM KING COUNTY,WA DOCUMENT TITLE: Sewer Easement REFERENCE NO. OF DOCUMENT(S) ASSIGNED OR RELEASED: N/A GRANTOR(S): 1. City of Renton, a Washington municipal corporation GRANTEE(S): 1. Meadow Partners, LLC, a Washington limited liability company ABBREVIATED LEGAL DESCRIPTION: Lot 2 and Lot 3 of City of Renton Lot Line Adjustment No. LUA-17-000470, Rec. No. 20171130900003, Rcds. of King County, WA. ADDITIONAL LEGAL DESCRIPTION ON PAGE(S): Exhibits 'A', 'B', and 'D' (Pages 7, 8, and 10) ASSESSOR'S TAX PARCEL NO(S): 3224059043 and 3224059109 X not yet assigned/segregated SEWER EASEMENT This Sewer Easement, dated IJ a,t ip t)-,< 1 t� , 201 7, is made by and between the City of Renton, a Washington Municipal corporation ("Grantor") and Meadow Partners, LLC, a Washington limited liability company ("Grantee"). 1. Grant of Sewer Easement: For and in consideration of mutual benefits and other valuable consideration, the receipt of which is acknowledged, Grantor, does by these presents, grant unto Grantee, a perpetual, exclusive easement for a private sanitary sewer line with necessary appurtenances over, under, through, across, and upon a portion of Grantor's real property commonly known as Lot 3 of City of Renton Lot Line Adjustment LUA-17-000470, King County Recording No. 20171130900003 ("Grantor's Property") for the benefit of Grantee's real property commonly known as Lot 2 of City of Renton Lot Line Adjustment LUA-17-000470, King County Recording No. 20171130900003 ("Grantee's Property"). Grantor's Property is legally described in EXHIBIT A, and Grantee's Property is legally described in EXHIBIT D, both of which are attached hereto and made a part hereof by this reference. The easement granted herein is 1 EXCISE TAX NOT REQUIRED King 0. R Division By ,,.Deputy located within a 20-foot wide strip of land running along the eastern portion of Grantor's Property (the "Sewer Easement Area"). The location of the Sewer Easement Area is more particularly described in EXHIBIT B and depicted in EXHIBIT C, which are attached hereto and made a part hereof by this reference. The owner of Grantee's Property, and its agents and contractors, shall have the right to enter the Sewer Easement Area from time to time with the equipment necessary to perform work to construct, reconstruct, install, repair, replace, enlarge, improve, operate, or maintain the underground private sanitary sewer line and associated improvements in the Sewer Easement Area ("Work"); provided that (1) except in the case of emergency, no fewer than fourteen (14) days prior to the commencement of any Work, the City receives written notice of the Work; (2) any and all required federal, state, and/or local permits are obtained prior to commencement of the Work; and (3) all Work complies with applicable City of Renton standards and requirements. All Work shall be performed lien-free and in accordance with applicable laws and legal requirements. 2. Limitations: A. The easement granted herein is limited to the purpose of constructing, reconstructing, installing, repairing, replacing, enlarging, improving, operating, and maintaining an underground private sanitary sewer, and necessary appurtenances, to serve the Grantee's Property. B. Grantee shall, upon completion of any Work within the Sewer Easement Area, restore the surface of the easement, and any improvements disturbed or destroyed during the Work, as nearly as practicable to the condition they were in immediately before commencement of the entry by Grantee. C. Grantor shall retain the right to use the surface of the Sewer Easement Area as long as such use does not interfere with the easement rights granted herein to the Grantee. 3. Indemnification: Grantee agrees to release, defend, indemnify and hold Grantor, Grantor's members, partners, directors, officers, employees, agents, servants and representatives, and each of their respective successors and assigns (collectively the "Grantor Indemnitees") harmless from and against any and all claims, liens, demands, actions, costs, losses, expenses, harm, damages and liability (including but not limited to attorney fees) of any kind or character to the extent asserted or to the extent arising directly from, on account of, or in connection with: (a) Grantee's (and its respective agents, servants, employees, consultants, contractors, subcontractors(of all tiers), representatives, licensees, invitees or visitors) negligent exercise of(or negligent failure to exercise)the rights, benefits and privileges granted to Grantee by this Sewer Easement, or(b)the intentional and wrongful acts or omissions of Grantee (and its respective agents, servants, employees, consultants, contractors, subcontractors (of all tiers), representatives, licensees, invitees or visitors); provided, however, (x) nothing herein shall require Grantee to indemnify the Grantor Indemnitees for damages to the extent arising out of 2 bodily injury to persons or damage to property caused by or resulting from the negligence or intentional wrongdoing of the Grantor Indemnitees, and (y) in the event such damages for bodily injury to persons or damage to property is caused by the concurrent negligence of the Grantee and the Grantor Indemnitees, then the Grantee's obligation to indemnify is enforceable only to the extent of Grantee's negligence. Without limiting the generality of the foregoing, Grantee hereby waives any immunity, defense or other protection that may be afforded by any worker's compensation, industrial insurance or similar laws (including but not limited to, the Washington Industrial Insurance Act, Title 51 of the Revised Code of Washington). 4. Covenant Running With Land: The rights contained within this Sewer Easement touch and concern and shall run with the land and inure to, and be for the benefit of, Grantor and Grantee, their successors and assigns. 5. Notice: Grantor's address is City of Renton, Public Works Department, Surface Water Utility, 1055 S. Grady Way, Renton, WA 98057-3232, and Grantee's address is PO Box 402, Fall City, WA 98024. Either party may serve written notice of a change of address with the other. All notices shall be sent by certified mail, return receipt requested,to the addresses provided in this paragraph and shall be deemed given when placed in the United States Postal Service mail. 6. Attorneys' Fees: In the event of any litigation, arbitration or other proceeding arising out of or brought to enforce or interpret this Sewer Easement, the substantially prevailing party therein shall be entitled to an award of its reasonable attorneys' fees and costs incurred therein, in the preparation therefor, and on any appeal or rehearing thereof. 7. Governing Law: This Sewer Easement shall be governed by and construed in accordance with the laws of the State of Washington. 3 IN WITNES WHEREOF, said Grantor has caused this instrument to be executed this 1 day of -Q,hry i✓ , 20j7 . GRANTOR: CITY OF RENTON, a Washington municipal corporation By: fili/ - Denis Law, M Attest Approved as to Legal Form 1 _.--c%�yl4yl-e- j r.--'4 t,. .. Jaso A. Seth/ Shane A. Moloney City lerk Renton City Attorney ``\\"°"0"" i i u,,, % O , *= s`ii� 2 = V AL = *1 mss,, O „��nnn��aa` ,4S ,rri'q,�re°SEPI.b',,,``� GRANTEE: Meadow Partners, LLC, a Washington limited liability company By: -/&'dA ' m AIWA Gregory M. Fawcett, Manager Meadow Partners, LLC 4 STATE OF WASHINGTON ) SS COUNTY OF rf°if On this 13 day of be r"i1"41-1/ , 20 1 7 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared DENIS LAW to me known to be the person(s) who signed as THE MAYOR of CITY OF RENTON, the Washington municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be his free and voluntary act and deed and the free and voluntary act and deed of said Washington municipal corporation for the uses and purposes therein mentioned; and on oath stated that he was authorized to execute the said instrument on behalf of said Washington municipal corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. c5fAVIA.4— N,0 RA ✓. f U � �'/4Signature of Notary) _ �g$iOly 6 t,��41 // oTA V ��i i • q cr) G (Pint or stamp name of Notary) i -k £i 7 // 37A ��s�,� "4S LO PUBLIC in and for the State of WASMRe -n residing at Rr ft�v'\. �,+ My Appointment Expires: � —401 Notary seal,text and all notations must be inside 1"margins 5 STATE OF WASHINGTON ) ) SS COUNTY OF ) On this day of blt bak( , 20 1'7 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared GREGORY M. FAWCETT to me known to be the person(s) who executed the within and foregoing instrument, and acknowledged said instrument to be his free and voluntary act and deed for the uses and purposes therein mentioned and in his capacity as the managing member of MEADOW PARTNERS, LLC. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. f RAINE E.THOMPSON S NOTARY PUBLIC STATE OF WASHINGTON ('S COMMISSION EXPIRES (Signature f Notary) i APRIL 19 20 , 20 r.._ Paine, r. 7- Drm-rJoh (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at jeA lze— My Appointment Expires: -1 0 ?e721) Notary seal,text and all notations must be inside 1"margins 6 Exhibit 'A' Legal Description of Grantor's Property LOT 3 OF CITY OF RENTON LOT LINE ADJUSTMENT FILE NO. LUA-17-000470, RECORDED ON THE 30Th DAY OF NOVEMBER 2017, UNDER RECORDING NO. 20171130900003. SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. 7 ` ' Exhibit 'B' Legal Description of Sewer Easerrient Area EXHIBIT SEWER EASEMENT A PORTION OF 1013 OF CITY OF RENTON LOT LINE AOJUSTMENfl'JO. LUA-17-000470,AS RECORDED NOVEMBER 30 , ZO17UNDER RECORDING NO. I0171130900003 , RECORDS OF KING COUNTY AUDITOR, BEING A PORTION OF GOVERNMENT LOT 1 IN SECTION 32,TOWNSHIP 24 NORTH, RANGE S EAST,VV M., IN KING COUNTY WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 2,OF SAID CITY OF RENTON LOT LINE ADJUSTMENT, THENCE SOUTH M8~49'Z6^ EAST,ALONG THE SOUTH LINE OFSAID LOT Z'20.00FEET; THENCE SOUTH&g~47^05,WEST,ALONG SAID SOUTH LINE,5.OZFEET; THENCE NORTH O1^1Cr57~EAST, 113.16 FEET; TEHNCE SOUTH 88^49'03^EAST,129.78 FEET,TO THE TRUE POINT OF BEGINNING; THENCE NORTH O1~15'41^WEST, l89.44FEET; THENCE SOUTH 45^57']9" EAST,28.60FEET; THENCE SOUTH 01'15'41"EAST, 169.84 FEET; THENCE NORTH 8d~49'O3"WEST, l0.OlFEET nDTHE TRUE POINT OFBEGINNING CONTAINING 3,592 SQUARE FEET MORE OR LESS. 104 8 Exhibit 'C' Depiction of Sewer Easement Area E Xa-I I I3 I'I' "C" S hNER E:AS E:ME1 T LOT 3 N L REC. NOVA-20171130900003 \ J�/Ij ,� _x,`44 ,ii.., N.T.S. T.P.O.B.\ LOT 2 LUA—17—000470 POINT OF REC. NO, 20171130900003 COMMENCEMENT N. 40TH STREET + + _ x Ii OgR7, ...„....,..0,'T 4;S i 4R r rl O'9 �v jY' ` oe ,A.,, 49290 7C'AL GAS ltii3;i:(sLoi.00, G9/1 7 ..) N "0,,SC HLA )ATE:11/19/1 9 Exhibit 'D' Legal Description of Grantee's Property LOT 2 OF CITY OF RENTON LOT LINE ADJUSTMENT FILE NO. LUA-17-000470, RECORDED ON THE 30TH DAY OF NOVEMBER 2017, UNDER RECORDING NO. 20171130900003. SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. 10