HomeMy WebLinkAboutE 20250912000282Instrument Number: 20250912000282 Document:EAS Rec: S312.50 Page-1 of 10
Record Date:9/12/2025 8:50 AM
Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY JEZEBEL ST. JOHN, DEPUTY
After recording return document to:
City of Renton
City Clerk's Office
1055 South Grady Way
Renton, WA 98057
Grantoe(s): City of Renton, a Washington municipal corporation
Grantee(s): Renton Regional Fire Authority, a Washington Municipal Corporation
Abbreviated Legal Description:
Full Legal Description on Page(s) 8 and 9 of document
King County Parcel Numbers: Tract A of City of Renton SP LUA20-000142, Rec. No.
20220721900052, 3342103245 - Benefited Property
EASEMENT AGREEMENT
This Easement Agreement, effective as of the last -dated signature below, is made and
entered into by and between the Grantor, City of Renton, a Washington municipal corporation
(the "City" or "Grantor"), and Renton Regional Fire Authority, a Washington Municipal
Corporation, and its successors and assigns ("RRFA" or "Grantee").
RECITALS
WHEREAS, the City owns certain real property legally described on Exhibit A ("Tract
A"), attached hereto and incorporated by this reference; and
WHEREAS, RRFA owns certain real property commonly known as 1404 North 30th
Street, Renton, Washington and legally described in Exhibit B ("RRFA Property"), attached
hereto and incorporated by this reference; and
WHEREAS, Tract A is immediately west of and adjacent to the RRFA Property; and
WHEREAS, the City also owns utility property immediately north of, and adjacent to,
both Tract A and the RRFA Property ("Lot 2" or the "Reservoir").
Page 1 of (10) Pages
Instrument Number: 20250912000282 Docun/ont:EA8Roc: S312.50Pugo'2of10
Record Du1o:9/12/2#25N:5#AM V]ng County, WA
AGREEMENT
NOW THEREFORE, for and inconsideration of rights and benefits set forth in a separate
agreement between the parties, receipt of which is hereby acknowledged, the undersigned
parties agree as follows:
l. Grant of Easements.
a Access Easement. Grantor, the City, does hereby grant and convey unto
"Grantee" a nonexclusive easement ("Access Easement") over and upon the existing driveway,
depicted on Exhibit C (the "ACCESS EASEMENTAREA DEPICTION and TRENCH EASEMENTAREA
DEPICTION") attached hereto and incorporated by this reference.
b. Trench Easement. Grantor further grants and conveys to Grantee o
nonexclusive easement over and under the existing trench drain ("Trench Easement").
Grantee's easement rights shall be exercised within five feet (5) of each side of the centerline
of the existing trench drain as now constructed, totaling ten feet (10') in width ("Trench
Easement Area") which existing trench drain is located approximately thirty feet (30') from,
and running parallel to, the southerly boundary ofTract Aand isdepicted onExhibit Cattached
hereto and incorporated by this reference.
2. Purpose and Use of Easement Areas. The Grantee and its agents, designees
and/or assigns shall have the right at such times as deemed necessary bvGrantee, to enter
and traverse the Access Easement Area for the purposes of ingress and egress for Fire Station
15 on the RRFA Property, Grantee's right to the Trench Easement Area is exclusively for the
purpose of maintaining, repairing or replacing the existing trench drain.
3. The Parties
agree to the following rights and obligations for access and maintenance relating to Tract A:
a. Grantor will maintain the asphalt surface of Tract A. Grantor retains the right
toblock Grantee's access and use ofTract Aduring emergencies and for maintenance, repairs,
and construction, when needed, within Tract A.
b. When necessary, Grantor may block Grantee's access and use of Tract A during
emergencies and for maintenance, repairs, and construction on Lot 2.
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Instrument Number: 20250912000282 Docun/ont:EA8Roc: S312.50Pugo'3of10
Record Du1o:9/12/2#25N:5#AM V]ng County, WA
c. RRFA will maintain, repair and replace the existing trench drain described
above and depicted in Exhibit C. The RRFA shall be responsible for any in -kind pavement
restoration required following any repair or replacement of the trench drain.
d. Before exercising its rights to block Grantee's access pursuant to paragraphs a.
and b. of this section, Grantor will provide RRFA a minimum of fifteen (15) calendar dams'
advance notice of the need to block RRFA's access to Tract A for planned work and will notify
RRFA assoon asreasonably possible under emergency circumstances.
4. Access Gate. The Parties agree that Grantee may maintain an access gate
restricting access over Tract A. RRFA shall provide all necessary keys orcodes to the City and
City designees so that the City and City designees can access Tract A at all times. The key card
access and motor are currently and may remain located on the west side of the driveway.
RRFA is solely responsible for the maintenance, repair, or replacement of the gate. The gate
shall be maintained in good operational conditions at all times. If the gate malfunctions, RRFA
shall manually open the gate and keep it open for access until RRFA has repaired or replaced
the gate sothat the City has continuous, unrestricted access to Tract A and Lot 2.
5. Covenant Running with the Land. These easements and covenants shall run
with the land described herein, and shall be binding upon the parties, their successors, heirs,
and assigns for the benefit of Fire Station 15 on the RRFA Property.
G. Termination.
a. Grantee's Access Easement rights shall terminate if
i. Grantee sells ortransfers the RRFA Property, and
ii itisnolonger used asafire station.
b. Grantee's Trench Easement rights shall terminate with the termination of
covenants relating to maintenance ofdrainage facilities on the RRFA Property as set forth in
the Declaration of Covenant for Inspection and Maintenance of Drainage Facilities and On -Site
8MPS recorded under King County recording no. 20221114000185 and any subsequent
covenants that replace orsupplement that recorded covenant.
[ Indemnification. Grantee agrees to hold harmless, indemnify and defend
Grantor from and against any and all claims, losses or liability, for injuries, sickness or death
of persons, including Grantee's agents and employees, ordamage toGrantee's property,
arising out of the exercise of its rights under this ingress and egress easement or any willful
Easement Agreement Page ]of(10)Pages
Instrument Number: 20250912000282 Document:EAS Rec: S312.50 Page-4 of 10
Record Date:9/12/2025 8:50 AM King County, WA
misconduct or negligent act, error, or omission of Grantees, its officers, agents, contractors,
subcontractors, licensees, or employees, in connection with Grantee's activities authorized by
this ingress and egress easement, provided, however, that:
a. 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 Grantor; and
b. Grantee's obligations to indemnify, defend and hold harmless for injuries,
sickness, death, or damage caused by or resulting from the concurrent negligence or willful
misconduct of Grantee and Grantor, or of Grantee and a third party other than an officer,
agent, contractor, or employee of Grantee, shall apply only to the extent of the negligence or
willful misconduct of Grantee (including an officer, agent, contractor or employee of Grantee).
8. Enforcement. In the event of any conduct inconsistent with the rights and
obligations created herein, the parties shall be entitled to any and all remedies available at
law or in equity, including but not limited to the equitable remedies of specific performance
or mandatory or prohibitory injunction issued by a court of competent jurisdiction.
9. Attorney Fees. In the event of a dispute arising out of this Easement
Agreement, the substantially prevailing party or parties shall be entitled to recover its/their
reasonable attorneys' fees and costs, whether or not court action is instituted to resolve the
dispute, and whether the fees and costs were incurred before, during, or after trial, on appeal,
in bankruptcy, or in collection or enforcement of a judgment.
10. Negotiation and Construction. This Easement Agreement and each of its terms
and provisions shall be deemed to have been explicitly negotiated between the parties. The
language in all parts of this Easement Agreement shall be construed according to its fair
meaning and not strictly for or against any party. To the extent any uncertainty or ambiguity
exists, such uncertainty or ambiguity shall not be interpreted against any party as author or
drafter of the Easement Agreement. Each party represents that he or she has had a full and
fair opportunity to review this Easement Agreement with independent counsel of their own
choosing before signing it.
11. Captions. The captions in this Easement Agreement have been inserted for
convenience and reference purposes only. They do not purport to, and shall not he deemed
to define, limit, or extend the scope or intent of the provisions of this Easement Agreement.
Easement Agreement Page 4 of (10) Pages
Instrument Number: 20250912000282 Document:EAS Rec: 5312.50 Page-5 of 10
Record Date:9/12/2025 8:50 AM King County, WA
12. Severability. If any provision of this Easement Agreement is determined to be
invalid or unenforceable, that provision shall be severed and the remainder of this Easement
Agreement shall continue in effect and be enforceable to the fullest extent permitted by law.
13. Entire Agreement; Amendment. Except as otherwise agreed herein, this
Easement Agreement and the Exhibits attached hereto constitute the entire agreement
between the parties and supersede all prior agreements and understandings between the
parties relating to the subject matter of this Easement Agreement. This Easement Agreement
may not be amended, modified, or revoked except by means of a written document executed
by all of the parties or their respective heirs, successors, or assigns.
14. Waiver. Neither party's waiver of the breach of any provision of this Easement
Agreement shall be construed as a waiver of the breach of any other provision or as a waiver
of a subsequent breach of the same provision.
15. Counterparts. This Easement Agreement may be executed in counterparts, and
each executed counterpart shall have the same force and effect as an original instrument as
if all parties to the counterparts had signed the same instrument.
Dated: August 18, . 2025.
Grantor:
CITY OF RENTON
By.
1-
Armondo Pavone, Mayor
Date August 18, 2025
ATTEST:
Jason A. Seth, City Clerk
Easement Agreement
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ANTo r
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Page 5 of (10) Pages
Instrument Number: 20250912000282 Document:EAS Rec: S312.50 Page-6 of 10
Record Date:9/12/2025 8:50 AM King County, WA
STATE
s.
COUNTY OF
On this _1��ay Of
before me personally appeared:
Armando Pa one to mappeared:�known M be the Mayor, of City of Renton, and acknowledged the said
instrument to be the free and voluntary act and deed of the City of Renton, for the uses and
purposes therein mentioned, and each on oath stated that they were authorized to execute
said instrumenC
\,\\k R 40 fjf// N4ota Pu 'c
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PHnted Name
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My appointment expires C
Grantee
RENTON REGIONAL FIRE AUTHORITY
(Name): Steven C. Heitman
fts (Tifie)�_. Fire Chief
Date. A0y 10, 2025
STATE OF
COUNTY OF
Easetnent Agreetie ewit Page 6 of (10) Pagres
Instrument Number: 20250912000282 Document:EAS Rec: S312.50 Page-7 of 10
Record Date:9/12/2025 8:50 AM King County, WA
h certify that t know or have satisfactory evidence that
is the person ohoa appeared before me, and said person acknowledged that they signed this
instrument, and on oath stated that they were authorized to execute the instrument and
acknowledged of as the _._.._� � .:. i _ of Renton Regional nal Fire
Authority, to be the free and voluntary act of such party for the uses and purposes mentioned
in the instrument,
DATED this . day of o 0 .
Residing at ' W
y appointment e plr ^s -AI-3
Easeiiieva Agrccrmni page 7 or (10) Pages
Instrument Number: 20250912000282 Document:EAS Rec: 5312.50 Page-8 of 10
Record Date:9/12/2025 8:50 AM King County, WA
EXHIBIT "A"
TRACT A LEGAL DESCRIPTION
TRACT "A" OF CITY OF RENTON SHORT PLAT LUA20-000142 AS RECORDED IN
VOLUME 469 OF SURVEYS, PAGES 260 — 261, UNDER KING COUNTY RECORDING
NO. 20220721900052. SITUATE IN KING COUNTY, WASHINGTON.
Tax Parcel No. 334210TR-A
Easement Agreement Page 8 of (10) Pages
Instrument Number: 20250912000282 Document:EAS Rec: S312.50 Page-9 of 10
Record Date:9/12/2025 8:50 AM King County, WA
EXHIBIT "B"
RRFA PROPERTY (LOT 1) LEGAL DESCRIPTION
LOT 1 OF CITY OF RENTON SHORT PLAT LUA20-000142 AS RECORDED IN
VOLUME 469 OF SURVEYS, PAGES 260 — 261, UNDER KING COUNTY RECORDING
NO. 20220721900052. SITUATE IN KING COUNTY, WASHINGTON.
Tax Parcel No. 334210-3245
Easement Agreement Page 9 of (10) Pages
Instrument Number: 20250912000282 Document:EAS Rec: 5312.50 Page-10 of 10
Record Date:9/12/2025 8:50 AM King County, WA
EXHIBIT C
ACCESS EASEMENT AREA DEPICTION and TRENCH EASEMENT AREA DEPICTION
w 0 owow ate* 0 a,
TN
_, .... . ......
FAA: V 4XV LOT 2
(12'.102 l a
(Es
t
TRACT
(LANOSCAPE AREA)
APPROXIMATE
L0CAXU:lAJ OF
ACT �,�s ��, COIN* T7 a 04F'
TRACT A E
(DRIVE "
L"
PID 134210,3245
(FIRE STATION)
TRACT A
(GATE)
a
TRACT A
" " � mrom�ra,�sra�aara�w�»ezmmmmn .�
(TRENCH DRAIN)TRACT A
`;.
�....,�
(LANDSCAPE AREA(w *wow
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Easement Agreement Page 10 of (10) Pages