HomeMy WebLinkAboutE 20171220001185 TITLE
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After recording return document to:
City Clerk I
City ofRenton IIII 1111 I IIII 11111111 III H IIII111I
1055 S. Grady Way20171220001185
Renton, WA 98057-3232
EASEMENT Rec.$87.00
12/2012017 3:31 PM
KING COUNTY.WA
DOCUMENT TITLE:
Access and Utilities Easement
REFERENCE NO. OF DOCUMENT(S)ASSIGNED OR RELEASED:
N/A
GRANTOR(S):
1. City of Renton, a Washington municipal corporation
GRANTEE(S):
1. Gregory M. Fawcett
2. Sabra S. Fawcett
3. George A. Fawcett
ABBREVIATED LEGAL DESCRIPTION:
Lot 1 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 11, 12, and 14)
ASSESSOR'S TAX PARCEL NO(S):
3224059081 and 3224059109 X Not yet assigned/segregated
ACCESS AND UTILITIES EASEMENT
This Access and Utilities Easement, dated DQ,e.ern b� r / / , 201 7 is
made by and between the City of Renton, a Washington Municipal corporation ("Grantor") and
Gregory M. Fawcett and Sabra S. Fawcett, husband and wife and George A. Fawcett, as his
separate estate, as their interests may appear of record (collectively, "Grantee").
1. Grant of Access and Utilities 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 non-exclusive access and utilities easement
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 No. LUA-17-000470, as recorded under King County
Recording No. 20171130900003("Grantor's Property")for the benefit of Grantee's real property
1
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commonly known as Lot 1 of City of Renton Lot Line Adjustment No. LUA-17-000470, as recorded
under King County Recording No. 20171130900003("Grantee's Property"). Grantor's Property is
legally described in EXHIBIT A,which is attached hereto and made a part hereof by this reference.
Grantee's Property is legally described in EXHIBIT D, which is attached hereto and made a part
hereof by this reference. The easement granted herein is located within a 25-foot wide strip of
land running near the southwestern corner of Grantor's Property (the "Easement Area"). The
location of the Easement Area is more particularly described in EXHIBIT B and depicted in EXHIBIT
C, which are attached hereto and made a part hereof of this reference.
The owner of Grantee's Property, and its agents and contractors,shall have the right to enter the
Easement Area from time to time with the equipment necessary to perform work to construct,
reconstruct, install, repair, improve, replace, operate and maintain a driveway, retaining walls,
utilities and other associated improvements in the Easement Area ("Work"). By way of
description and not limitation, the Work may include such grading, paving, graveling, shoring,
trenching and other work necessary to: (i) construct driveway and utility improvements in the
Easement Area ("Installation Work") and (ii) patch, seal, resurface, maintain, repair, improve and
replace the driveway and utility improvements from time to time ("Repair Work"). All Work shall
be performed lien-free and in accordance with applicable laws and legal requirements.
2. Limitations:
A. The easement granted herein is exclusively for the purposes of (1) constructing,
reconstructing, installing, repairing, improving, replacing, operating and maintaining
improvements for pedestrian and vehicular ingress and egress, with a developed access road
with an improved surface of no more than 16 (sixteen)feet in width (not including shoulders and
retaining walls which may cause the width to exceed 16 (sixteen) feet); (2) constructing,
reconstructing, installing, repairing, improving, replacing, enlarging, operating and maintaining
underground utility lines (including, without limitation, water lines, storm and sanitary sewer
lines, electric lines, natural gas lines, CATV and telecommunications lines); and (3) necessary
appurtenances, all to serve the Grantee's Property.
B. The owner of Grantee's Property shall be solely responsible to pay for all expenses
relating to Installation Work and Repair Work in the Easement Area serving Grantee's Property
("Grantee Improvements"), including but not limited to design, construction, installation, repair,
operation, and maintenance of driveway and utility improvements serving Grantee's Property.
C. As of the execution of this easement, Grantor does not anticipate using driveway
or utility improvements within the Easement Area; however, the owner of Grantor's Property
shall be solely responsible to pay for all expenses relating to any Installation Work associated
with any driveway or utility improvements solely benefiting Grantor's Property and to repair any
damage to the driveway or utility improvements caused solely by its own negligence (reasonable
wear and tear excepted).
2
The owner of Grantee's Property and the owner of Grantor's Property (each an
"Owner" and together the "Owners") shall each be responsible for an equal share (each an
"Owner's Share") of the reasonable cost associated with Repair Work ("Shared Work") (and the
owner of Grantee's Property shall no longer solely bear expenses for Repair Work associated with
Grantee Improvements) upon the occurrence of any of the following ("Shared Maintenance
Condition"): (i) Grantor's opening of the Easement Area for use by the general public for
vehicular access to Grantor's Property; and (ii) average annual vehicle trips over the driveway in
the Easement Area to access Grantor's Property exceed twenty(20) average annual vehicle trips
in any calendar year. If either Owner determines that the Shared Maintenance Condition has
been triggered, such Owner shall notify the other Owner of such determination in writing. The
Shared Maintenance Condition shall be deemed triggered unless the Owner receiving such notice
delivers a written dispute of such determination within thirty (30) days following receipt of such
notice. Any dispute regarding such determination shall be resolved under the dispute resolution
provision of Section 6 below.
Prior to the commencement of Shared Work, the Owners shall make a good faith
effort to agree upon the appropriate scope and estimated cost of the Work. If the Owners are
unable to reach such agreement, either Owner may perform Shared Work and seek
reimbursement of the reasonable cost therefor from the other Owner as provided herein.
Upon the completion of Shared Work, the Owner performing the Shared Work shall
provide the other Owner with a written request for payment ("Payment Request"). Such
Payment Request shall include a detailed statement of the cost of the Shared Work and
supporting documentation therefor. The Owner receiving a Payment Request shall pay its
Owner's Share of the cost of such Shared Work to the Owner performing the Shared Work within
45 days of receipt of such Payment Request. Any disputes regarding the scope of and payment
for Shared Work shall be resolved under the dispute resolution provisions of Section 6 below.
D. Grantor shall retain the right to use the Easement Area for pedestrian and
vehicular access and for any other use subject to the Shared Maintenance Condition and as long
as such uses do 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
3
by this Access and Utilities 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 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 Access and Utilities
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 the postal
address assigned to Grantee's Property by the Postmaster of the U.S. Postal Service (or such other
authority as may hereafter assign postal addresses or their equivalent to real property). 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. Dispute Resolution. If a dispute arises under this Agreement, the Owners shall first
attempt in good faith to resolve such dispute by themselves. Any dispute that the Owners are
unable to resolve may be submitted to binding arbitration by either Owner. Such arbitration shall
be conducted in Renton, Washington under the rules of Judicial Arbitration and Mediation
Services (JAMS) or under a different arbitration regime if the parties to the dispute agree on one.
Among other things, the arbitrator may decide (a) whether the Shared Maintenance Condition
has been triggered; (b) the appropriate scope of Shared Work and (c) the equitable allocation of
the cost of any Shared Work between the Owners, and shall render written findings and
conclusions with his or her decision. Each Owner shall pay the fees of its own attorney and shall
share equally the fees of the arbitrator selected to resolve the dispute, provided that the
arbitrator or other decision-maker may award the substantially prevailing party its reasonable
attorney's fees incurred in any arbitration or other proceeding brought to enforce or interpret
this Agreement, and any appeal therefrom.
4
IN WITNESS WHEREOF, id Grantor and Grantee have caused this instrument to be
executed this `(ti-clay of L(:Gi-r-lGv , 20 1 7 .
GRANTOR:
CITY OF RENTON, a Washington municipal corporation
By:
Denis Law, Mayor
Attest Approved as to Legal Form
9 1Z- 1
Jas/ n A. Set' Shane A. Moloney
Ci Clerk Renton City Attorney
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GRANTEES:
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Gregory M. Fawcett
Sabra S. Fawcett
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George A. Fawcett
6
STATE OF WASHINGTON
SS
COUNTY OF K,►til )
On this t' day of icefr14 , 20 /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.
VRA J. r4��� (Signature of Nota )
_ 5 ;'s stQk //,0 I
., �, fePrint or stamp name of Notary)
Aus oc, ` Z _'
NOTARY PUBLIC in and for the State of
1j114\11\»�����
Washington, residing at RtM4vvA•
vmw My Appointment Expires: 6"15 . I `i
Notary seal,text and all notations must be inside 1"margins
STATE OF WASHINGTON )
) SS
COUNTY OF_�� ) '
On this 1 t day of �P.Cei /
r- , 201 , 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.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year
first above written.
RAINE E.THOMPSON
NOTARY PUBLIC
STATE OF WASHINGTON
COM' IKIC EXP ES ll/fr—
(Sign tur of Notar�
/fie rs Pipiyftvi
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State of
Washington, residing at
My Appointment Expires: V-19'-'219 Z�
Notary seal,text and all notations must be inside 1"margins
8
STATE OF WASHINGTON
) SS
COUNTY OF
On this 1‘11t day of /1fl '1' , 20 )7 , before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn,
personally appeared SABRA S. FAWCETT, to me known to be the person(s) who executed the
within and foregoing instrument, and acknowledged said instrument to be her free and voluntary
act and deed for the uses and purposes therein mentioned.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year
first above written.
RAINS E THOMPSON tf
J/
NOTARY PUBLIC V
ft STATE OF WASHINGTON (Signatureary)
COMMISSION EXPIRES
0 APRIL 19,2020 • //7G'�'n11'✓
(Print or stamp name of Notary)
NOTARY PUBLIC in and fort ei St to of
Washington, residing at
My Appointment Expires: 17---/g•-2-/-)20
Notary seal,text and all notations must be inside 1"margins
9
STATE OF WASHINGTON )
l , , SS
COUNTY OF ` )
, •
On this I day ofb-P,Ce/14d0P-17 , 20 (7 , before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn,
personally appeared GEORGE A. FAWCETT, to me known to be the person 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.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year
first above written.
f RAINE E.THOMPSON
of 4;
:,A----
NOTARY PUBLIC
STATE OFWASHINGTON (Signatur Notary)
CO MIS�;ION EXPIRES r( 7h617/20)7
r APRIL 19,2020 /2A17-7e, -'
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State of
Washington, residing at , ,t:
My Appointment Expires: g-19 -Ze2C
Notary seal,text and all notations must be inside 1"margins
10
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.
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Exhibit 'B'
Legal Description of Easement Area
EXHIBIT B
ACCESS & UTILITIES EASEMENT
A PORTION OF LOT 3 OF CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA-17-000470,AS RECORDED
NOVEMBER 30 ,2017 UNDER RECORDING NO. 20171130900003 RECORDS OF KING COUNTY
AUDITOR,BEING A PORTION OF GOVERNMENT LOT 1 IN SECTION 32,TOWNSHIP 24 NORTH,RANGE 5
EAST,W.M.,IN KING COUNTY WASHINGTON,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST WESTERLY CORNER OF LOT 1,OF SAID CITY OF RENTON LOT LINE
ADJUSTMENT,SAID POINT BEING COINCIDENT WITH EASTERLY MARGIN OF LAKE WASHINGTON
BOULEVARD;
THENCE NORTH 30°54'05"EAST ALONG SAID EASTERLY MARGIN, 160.25 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE SOUTH 64°05'55" EAST,55.42 FEET TO A POINT OF CURVATURE;
THENCE SOUTHEASTERLY 45.48 FEET,ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT,HAVING A
RADIUS OF 27.50 FEET,THROUGH A CENTRAL ANGLE OF 94°45'34"TOA POINT OF TANGENCY;
THENCE SOUTH 30°39'39"WEST, 12.44 FEET;
THENCE SOUTH 59°20'21" EAST,25 FEET;
THENCE NORTH 30°39'39"EAST, 12.44 FEET TO A POINT OF CURVATURE;
THENCE NORTHWESTERLY 86.83 FEET,ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A
RADIUS OF 52.50 FEET,THROUGH A CENTRAL ANGLE OF 94°45'34"TO A POINT OF TANGENCY;
THENCE NORTH 64°05'55"WEST,53.23 FEET TO THE WEST LINE OF SAID LOT 3;
THENCE SOUTH 30°54'05"WEST ALONG SAID WESTERLY LINE,25.00 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINING 3,323 SQUARE FEET MORE OR LESS.
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Exhibit 'C'
Depiction of Easement Area
EXHIBIT "C''
ACCESS & UTILITIES KASK.NIENT
N
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.T
4V LOT 3 N .S.
LUA—17-000470
REC NO 20171130900003
T.P.O.B.
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LOT 1
LOA-17-000470
REC. NO.
20171130900003
POINT OF
COMMENCEMENT
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Exhibit 'D'
Legal Description of Grantee's Property
LOT 1 OF CITY OF RENTON LOT LINE ADJUSTMENT FILE NO. LUA-17-000470, RECORDED ON THE
30T" DAY OF NOVEMBER 2017, UNDER RECORDING NO. 20171130900003.
SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON.
14