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HomeMy WebLinkAboutL_MHCR Soos Creek Easements.pdfFiled for Record at the reQuêst of: SOOS CREEK WATER AND SEWER DISTRICT P.O. Box 58039 14616 S.E. l92nd Street Renton, Washington 98O58 \ililffi 2ø gÊ8'.5âtsr'åÞ' PE(8'é38frï'l uuuuuilil8l.øøEAS øø9I :41 UA Easement No.:29-23-8-Ì11083 ÐGISE TA,\ NOT RE0UIREÐ Co. Records Division Project:Mission Healthcare at Renton Deputy Tax Parcel lD#: 2923059125 Abbreviated Legal: LOT I CITY OF RENTON SHORT PLAT NO LUA13-00O618 (VELMEIR RETATL pHARMAcy sHoRT pLAr) REcoRDtNG No. 20140612900012 (BEING A PoRTloN OF SE QTR SW QTR STR 29-23-05 Grantor(s):Tanklage Family PartnershiP 1025 Tanklage Rd, Ste B San Carlos, CA 94070-3230 Grantee: SOOS CREEK WATER AND SEWER DISTRICT AGREEMENT FOR EASEMENT THIS AGREEMENT, made this ZNo day of February,2Ol7, by and between Soos Creek Waler and Sewer District, a municipal corporation of King County, Washington, hereinafter termed the "District", and Tanklage Family Partnership, hereinafter termed "Granlor", WHEREAS, Grantor is the owner of land at approximately 10715 SE 174t' ST, Renton WA, 98055 legally described as follows: SEE ATTACHED EXHIBIT A WHEREAS, the Distfict requires an easement for (check those that apply) sanitary sewer line and appurtenances Water main and appurtenances across Grantor's property at a location more specifically described hereinbelow; and WHEREAS, Grantor has title to said real property and is author¡zed to grant and convey this easement to the District. NOW, THEREFORE, in consideration of $1.00 and other good and valuable consideration in hand paid, receipt of which is hereby acknowledged, and in consideration of the performance by the District of the covenants, terms and conditions hereinafter set forth, Grantor hereby grants, conveys and quitclaims to the District the foflowing easement: SEE ATTACHED EXHIB¡T B & C t. DISTRICT'S USE OF PROPERTY, Said easement is for the purpose of insta¡ling, constructing, operating, inspecting, maintaining, removing, repairing, replacing and using san¡tary sewer lines, manholes, and appurtenances thereto, and/or water l¡nes and appurtenances thereto (1|¡e "facilities"), together with the nonexclusive right of ingress to and egress from said portion of Grantor's property for the foregoing purposes. 2. USE OF PROPERTY BY GRANTOR. Grantor shall reta¡n the right to use the surface of the easement if such use does not interfere with installation or maintenance of the facilities. Grantor shall not erect buildings or structures of a permanent nature; shall not ¡nsta¡l any other ¡mprovements including trees, large shrubbery, or fences; and shall not change surface grades, except as approved in advance by the District, in any manner which would unreasonably ¡nterfere with ingress, egress and access by the District for installation and/o¡ normal maintenance of the facilities. Such buildings, structures or improvements will be deemed an encroachment upon 2 the D¡strict's rights, and Grantor shall be obligated to remove such encroachments at Grantor's expense. Further, the provis¡ons of Paragraph 4 hereof as to restorat¡on sha¡l not apply to any such encroachments in the easement area. Provided, however, that fences may be constructed which provide gate or other access approved in advance by the D¡str¡ct- 3. RESTORATION AFTER ORIGINAL CONSTRUCTION. For original construction, Grantor's property will be restored to a condition as good as or better than it was prior to the entry by the District. Where possible, photographs will be taken prior to construction to assure the completeness of restoration, Final restoration sha¡l include, as appropriate, sod replacement in existing lawns, hydro-seeding in unimproved areas, and replanting or replacement of existing shrubs and bushes, where such will not unreasonably interfere with the District's use of the easement. Fences, rockeries, and concrete, asphalt and/o¡ gravel driveways which do not unreasonably interfere with the District's use of the easement w¡ll be repaired or replaced. Large trees that exist within the easement area may be permanently removed during original conslruction unless otherw¡se noted in this easement document. 4- RESTORATION AFTER MAINTENANCE. lf Grantor's property is disturbed by the maintenance, removal, repair, or replacement of the facilities, the District shall restore the êasement area to a condition as good as or better than it was prior to entry for such purpose by the District. 5. ATTORNEY'S FEES. ln case suit or act¡on is commenced by either party, or the¡r successors and/or assigns, to enforce any rights under this easement, or regarding an encroachment on the easement, in addition to costs provided by statute, the substantially prevailing party shall be entitled to an award of attorney's fees in such sum as the Court may adjudge just and reasonable. 6. EASEMENT TO BIND SUCCESSORS. This easement is pernanent and shall terminate only upon agreement of the parties hereto, their successors and/or assigns. This easement, during its existence, shall be a covenant running with the land and shall be binding on the successors, heirs and assigns of the parties hereto. 3 7 - EXEMPTION FROM EXCISE TAX. The District is a municipal corporation with powers of eminent domain. This easement is granted for a public purpose. The District shall hold Grantor harmless from the ¡mposit¡on or payment of any excise tax based upon the conveyance of this easement. 8. INDEMNIFICATION AND HOLD HARMLESS. The District will indemniff, defend and hold harmless Grantor, and its successors and assigns, from claims for injury to person or property as a result of the negligence of Grantee, its agents and employees in the construction, operation or maintenance of the Facilities' ^ lN WITNESS WHEREOF, weZ.'f ^*'T-eoi.r have set our hands and seals ni, /l#a"v o¡ STATE OF WASHINGTON ) ss. COUNTY OF KING On this daY of appeared me known to be the individual(s)in and instrument, and acknowledged said to be the Grantor, for the uses and therein ment¡oned. WITNESS my and official seal hereto affixed the day -, before me personally to the within and foregoing voluntary act and deed of said above written. NOTARY PUBLIC in and for the of Washington, residing ât -4 My expires 5 Mission Heallñcare Renton Job No.845-020-015 November2g,2016 EXHIB|T'N" LEGAL DESCR¡PTON FOR THE PROPERTY Lot 1 , City of Renton Short Plat No, LUA13{00619 Velmelr Retail Phamacy Short Plat recorded under Recording No. 20140612900012, records of King County, Washington, being a portion of the Southeast quarter of the Southwest quarter, Section 29, Township 23 Nortl'¡, Bange 5 East W.M, ln King County, Washington. SIruATE in the County of King, State of Washington. G:IESûÀJOBSIE451020\01 SlDocumentltegal{O3.Doc 6 Mission Healthcare Renton Job No.845{20-015 January 17,2017 EXHIBff "B' LEGAL DESCHPnON FOR WATER LINE EASEMENT A poillon of Lot 1 , City of Renton Short Plat No. LUA13-000618, Velmeir Retail Pharmacy Short Plat recorded under Recording No. 20140612900012, records of King County, Washington, being a portlon of the Southeast quaüer of the Southwest quarter, Section 29, Township 23 North, Range 5 East, W,M,, ln Klng County, Washington, descdbed as follows: BEGINNING at the Southwest corner of said Lot 1 , THENCE N 01"45' 15" E along the West line of said Lot 1 a distance of 36.17 feet; THENCE S 88"28 û3" E a distance of 14.60 feet THENCE S 01"14' 53' W a distance of 35.05 feet to a polnt on the South line of said Lot 1; THENCE S 87"13' 56" W along said South line a distance of 14.96 feet to the POINT OF BEGINNING of this description, Gontaining 525 square feel more or less. llEsmSlEngrlESM.JOBSIS4Slû20101 SlDocumentlLegal-006RE\O1 .Doc I L' // /'/////,/,'.' ^'i.iis\'-'\'$\' \ T 7 EXHIBIT C TO ACCOMPANY LEGAL DESCR¡PTTON FOR WATER LINE EASEMENT A PORTION OF THE SE 1/4 OF TllE SW 1rl4 OF sEcTtoN 29, TWP. 25 N., RGE. 05 E., W.M., CIW OF RENTON, KING COUNW, WASHINGTON SF I sr PARCEL C CITY OF RENTON BI.A NO. I 1 04261 602 I I I PARCEL B CITY OF RENTON BI-A NO. 9104261602 LOT 2 CITY OF RENTON SHORT PLAT NO. LUA13-000618 SCAIE: 1'=100' 8+5-020-01 5 SR-OJ 1/17/2O16 RG o¡r) aû) 6d ú POINT OF BEGINNING lt --lt ofoIrEXISTING 15' WATER EASEMENT RECORDING NO. 20140ô1 JOB NO. DRAWING NAME DATE : DRAWN : SHEET 1 OF 1 LOTl J CITY OF RENTOîfi SHORT PI.AT I NO. LUA13-0006 u www.eemcivil.com Civ¡l Engln..rlng I t!ftd Su?ìñtlng Publlo Wo.La I Pæ¡oct ltonoe.mGnt Eltrl üAY (2Ír) tst-til!EÌ/EFEÍT (+25) 297-0000 Lond Plsnn¡ngL.ndlcopc Archítæturu @ oløl334oo sth Av€ S, Sulte 2os F€deral Way, WA 99ooo 8 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validitv of that document. State of County of f)before name and of the 17 personatty appeared ('' ^ n' ,J*^ ' í' who proved to me on subscribed to the within instrurnent and acknowledged to rne that{Ëlshe/thcy executed tho same ln lris/her/thcir authorized capacity([9d), and that by his/her/their signature(don the instrument the personþf;, or the entity upon behalf of which lhe personfr] acted, executed the instrument. I certiff under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Commisslon # 2l}gggz Notary Publh . Callfornla San Mateo County J. Fsb I I