HomeMy WebLinkAboutWTR2700582(1) W-582 Addition
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FILE TITLE W_ 582
a
RELEASE AND INDEMNIFICATION AGREEMENT
THIS AGREEMENT made this �A day of
198%, by and between the CITY OF RENTON, a municipal
corporation, ("City" herein) , and LINCOLN COUNTRY HILLS
ASSOCIATES LIMITED, a Washington limited partnership ("Ii^Coln"
herein) .
RECITALS JRN
izVT
O A. Lincoln is constructing Phase I of the Lincoln
Country Hills Apartments, an apartment project located on
H that certain real property in the City of Renton legally '
described on Exhibit A, attached hereto and incorporated
N herein by this reference (the "Property" herein) .
Q
B. Approximately 100 linear feet (LF) of 16-inch,
1,565 of LF of 12-inch, 1,935 LF of 10-inch, and 431 LF of
8-inch of ductile iron pipes have been installed in certain
locations throughout the Property. The City has purchased
all such ductile iron pipes pursuant to a Bill of Sale
recorded in the Division of Records and Elections, Xing
County, Washington, ?recording "o. 8102020416.
C. A portioi, of such ductile iron pipes have been
installed parallel to and under certain sidewalks and rockeries
constructed on the Property, which installation is unacceptable
to the City for maintenance purposes. The location of such
portion of the iron pipes is specifically shown on the
shaded portion of Exhibit B, attached hereto and incorporated
herein by this reference and referred to as the "Water
Lines" herein.
D. Lincoln has requested that the City waive its
objections to the installation of the Water Lines and the
City h.:s therefore agreed to waive its objections, subject
to the terms and conditions stated herein.
AGREEMENTS
NOW, THEREFORE, in consideration of the mutual promises
set forth herein, the parties hereby agree as follows:
1. Lincoln covenants and agrees, at its sole cost and
expense, to maintain, repair, and zeplace such Water Lines
on the Property as such maintenance, repair, and replacement
Of such Water Lines, is, in the reasonable discretion of the
City, necessary. In the event such maintenance, repair or
replacement is deemed necessary, the City shall so notify
Lincoln in writing. Lincoln shall, upon receipt of such
notification, proceed with all due diligence to complete
such maintenance, repair or replacement within a reasonable
time thereafter, weather and other conditions permitting.
2. Lincoln indemnifies and holds the City harmless
from any injuries to persons or property, losses, damages,
or any claims caused by the location of suc, Water Lines on
the Property or from the failure to adequately maintain,,
repair, and replace said Water Lines; except as such injuries
to persons, property, losses, damages or claims may be in
any way caused by the City's gross negligence or the actions
of its employees, representatives or agents.
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3. The covenants and agreements contained in this
Agreement shall be covenants running with the land and shall
be binding ..pon the heirs, successors, and assigns of the
parties hereto.
4. This Agreement constitutes the entire agreement
between the parties and there are no other verbal or written
agreements. Any modifications of this Agreement must be
made in writing by the parties hereto.
IN WITNESS WHEREOF, this Agreement was executed the day
and year first above written.
CZ
0 CITY OF RENTON
H
By Y%1 �`IiIIPOC�t.
fD Barbara Shin
04 poch, Mayor
Attest:
a 4dz
City Clerk
Delores A. Mead, CMC
LINCOLN COUNTRY HILLS ASSOCIATES LIMITED
Lincoln Prop rty Company No. 257, Ltd. ,
Ge er 1 Part er
By A&
W. can Henr
General Par
�0 F G R EECG:2O AT ED.1U ST CF
CF VE MY CLERK
MIL
Pa i..cl w�E. S1.
91 jil, NA 28855
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STATE Oe WASHINGTON )
SS.
COUNTY OF KING )
On this day personally appeared before me W. Dean
Henry, to me known to be the General Partner of Lincoln
Property Company No. 257, Ltd. , General Partner of Lincoln
Country Hills Associates Limited, the partnership that
e, executed the within and foregoing instrument, and acknowledged
c0 said instrument to be the free and voluntary act and deed of
Csaid partnership, for the uses and purposes therein mentio.ied,
and on oath stated that he was authorized to execute said
instrument.
GIVEN pnder my hand and official seal this day of
198k(.
aARYMP�UBLIC /Tlkandor the
..... State f WA�`y��lington resy'�i�g
t�EN
atdb
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' EXHIBIT A
That portion of the Northwest 1/4 of Section 20, Township 23 North, Range 5 East, W.M. ,
acre particularly described as follows:
Commencing at the Southeast corner of said Northwest 1/4; thence North 01°46'02' East,
1,043.86 feet along the Easterly line of said Northwest 1/4 to a point on the Southerly
margin of the Puget Sound Power I, Light Company's Intermountain Power No. 2 right-of-way;
thence South 86°43'23" West, 739.50 feet along said Southerly margin; thence North
69°14' 13" West, 1 ,039.32 feet to the true point of beginning;
thence continuing North 69°14'13" West, 254.99 feet; thence South 89*35,401, West, 6.77 feet,
more or less to the Easterly line of that certain parcel described in Auditor's File No.
4363797; thence South 00*24120" East; 165.83 feet, more or less, to the North line of
Government Lot 2 in said Section; thence Westerly on said North line of Government Lot 2
to a point on the Easterly margin of Primary State Highway No. l ; thence along sa;d
Easterly margin Southwesterly 73.78 feet, more or less, along the are. of a non-tangent
curve to the right, the radius point of which bear+. North 51°17'44" West, h..ving a radius
of 2,040.00 feet through a central angle of 02"04'20" to a point on said curve, said point
Cbearing North 00°47'40" East 730.64 feet from the Southwest corner of Lot I as described
L�f in instrument recorded under Recording No. 791025-0679; thence South 00047'40" West,
730.64 feet to a point on the Northerly margin of the Bonneville Power .Administration's Diable
O Seattle Transmission Line right-of-way; thence North 87023'49" East, 840.66 feet along
said Northerly margin; thence Aorth 08°34'46" East, 12. 14 feet; thence North 27°05' 14" West,
m 189. 17 feet; thence North 31°08'07" West, 239.61 feet; thence North 21°26'29" West, 272.51
feet; thence North 13°40'44" West, 106.24 feet; thence North 32°12'52" West, 54.00 feet;
thence North 28°34' 36" West, 36.40 feet, more or less to the true point of beginning.
Situate in the County of King, State of Washington.
SUBJECT TO: all easements, covenants, reservations, restrictions, and rights-of-way visible
now existing or of record.
f9 6 8201120464
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