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Home My WebLink AboutE 20210113000144Instrument Number: 20210113000144 Document:EAS Rec: S110.50 Page-1 of 8 Record Date:1/13/2021 7:44 AM Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY LISA OHLEN, DEPUTY After recording return document to: City of Renton City Clerk's Office 1055 South Grady Way Renton, WA 98057 Grantor(s): John Smith and Sharon L. Smith, husband and wife Grantee(s): City of Renton, a Washington municipal corporation Abbreviated Legal Description: IT 1, BLK44, CORRECTED PLAT, RENTON HIGHLANDS NO.2 Full Legal Description on Page(s) 5-6 of document Assessor's Tax Parcel Number: 722780-1435 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT NE 16th & Jefferson Avenue NE Stormwater Green Connections Project This Temporary Construction Easement (the "Construction Easement"), is made and entered into as of the lastsignature date setforth below, by and between John Smith and Sharon L. Smith, husband and wife (collectively the "Grantor'), and the City of Renton, a Washington municipal corporation ("City" or "Grantee"), its successors and assigns. For Good and Valuable Consideration, sufficiency and receipt of which are hereby acknowledged, Grantor, as the owner of that certain real property, known as King County Parcel Number 722780-1435, legally described on Exhibit "A" —Entire Parcel ("Property"), attached hereto and incorporated by this reference, does hereby grant to the City, a 600 square foot temporary easement for construction and access purposes in, on, over, through and across that portion of the Property described on Exhibit "B" ("Easement Area") and depicted on Exhibit "C", which are attached hereto and incorporated by this reference, for the purpose of regrading,the property to match the new improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; access; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted Page 1 of (7) Pages Parcel No. 722780-1435 Instrument Number: 20210113000144 Document:EAS Rec: 5110.50 Page-2 of 8 Record Date:1/13/2021 7:44 AM King County, WA TEMPORARY CONSTRUCTION EASEMENT to the Grantee shall automatically terminate and be null and void (i) 730 days after the commencement of construction or (ii) upon restoration of any existing improvements disturbed by the Grantee within the Easement Area, whichever is later, but in no event later than the completion of the NE 16th & Jefferson Avenue NE Stormwater Green Connections Project. The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee's rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee's activities authorized by this Construction Easement, provided, however, that: (a) The 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 the Grantor; and {b) The 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 the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and forthe purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Page 2 of (7) Pages Parcel No. 722780-1435 Instrument Number: 20210113000144 Document:EAS Rec: 5110.50 Page-3 of 8 Record Date:1/13/2021 7:44 AM King County, WA TEMPORARY CONSTRUCTION EASEMENT Grantor covenants that it is the lawful owner of the above -described property and has authority to convey such easement. Any lawsuit or legal action brought by any party to enforce or interpret this Construction Easement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. Dated: 9 — W _ , 2O, LQ Grantor: John Smith and Sharon L. Smith, husband andwife n Smith �ha_ron L. Smith Accepted and Approved City of Renton Its [Title] j%�j�(i YVIIrg�_ &s'1j&(cif "YJI�'- Date 1 ! LA I= I Page 3 of (7) Pages Parcel No. 722780-1435 Instrument Number: 20210113000144 Document:EAS Rec: S110.50 Page-4 of 8 Record Date:1/13/2021 7:44 AM King County, WA TEMPORARY CONSTRUCTION EASEMENT INDIVIDUAL ACKNOWLE GMENT STATE OF 1 ss. COUNTY OF On this day personally appeared before me, John Smith and Sharon L. Smith, to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. DATED this 2�1?day of 20 Notaly P&I'l-c v Ov Q— Prinntd Name Residing at Q-L'�' My appointment expires �l ` Page of (7) Pages Parcel No.722780-1435 Instrument Number: 20210113000144 Document:EAS Rec: 5110.50 Page-5 of 8 Record Date:1/13/2021 7:44 AM King County, WA TEMPORARY CONSTRUCTION EASEMENT EXHIBIT "A" ENTIRE PARCEL LEGAL DESCRIPTION LOT 1, BLOCK 44, CORRECTED PLAT, RENTON HIGHLANDS NO.2, ACCORDING TO THE PLATTHEREOF RECORDED IN VOLUME 57 OF PLATS, PAGES 92 THROUGH 98, RECORDS OF KING COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Page 5 of (7) Pages Parcel No. 722780-1435 Instrument Number: 20210113000144 Document:EAS Rec: S110.50 Page-6 of 8 Record Date:1/13/2021 7:44 AM King County, WA TEMPORARY CONSTRUCTION EASEMENT EXHIBIT "B" TEMPORARY CONSTUCTION EASEMENT LEGAL DESCRIPTION THE WEST 17 FEET OF THE SOUTH 20 FEET OF LOT 1, BLOCK 44, CORRECTED PLAT, RENTON HIGHLANDS NO.2, ACCORDING TO THE PLATTHEREOF RECORDED IN VOLUME 57 OF PLATS, PAGES 92 THROUGH 98, RECORDS OF KING COUNTY, WASHINGTON. TOGETHER WITH THE WEST 5 FEET OF SAID LOT 1. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. APPROXIMATELY 600 SQUARE FEET, MORE OR LESS. Page 6 of (7) Pages Parcel No. 722780-1435 Instrument Number: 20210113000144 Document:EAS Rec: 5110.50 Page-7 of 8 Record Date:1/13/2021 7:44 AM King County, WA TEMPORARY CONSTRUCTION EASEMENT EXHIBIT "C GRAPHIC DEPICTION Page 7 of (7) Pages Parcel No. 722780-1435 Instrument Number: 20210113000144 Document:EAS Rec: S110.50 Page-8 of 8 Record Date:1/13/2021 7:44 AM King County, WA TEMPORARY CONSTRUCTION EASEMENT: 7227801435 GRAPHIC DEPICTION Notes O 27 0 14 27 Feet city of Teton Finance & IT Division Legend 13 Temporary Construction Easement EXHIBIT C