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Home My WebLink AboutE 20210113000146Instrument Number: 20210113000146 Document:EAS Rec: 5110.50 Page-1 of 8 Record Date:1/13/2021 7:45 AM Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY JAMES TYLER, DEPUTY After reco rdi ng return document -to: City of Renton City Clerk's Office 1055 South Grady Way Renton, WA 98057 Grantor(s): Way Back Inn Foundation, a Washington Non -Profit Corporation Grantee(s): Cityof Renton, a Washington municipal corporation Abbreviated Legal Description: LOT 1, BLOCK 45, CORRECTED PLAT OF RENTON HIGHLANDS NO. 2, VOL. 57, P.92-98, KING COUNTY Full Legal Description on Page(s) 5-6 of document Assessor's Tax Parcel Number: 7227801475 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 last signature date set forth below, by and between Way Back Inn Foundation, a Washington non-profit corporation ("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 7227801475, legally described on Exhibit "A" — Entire Parcel ("Property"), attached hereto and incorporated by this reference, does hereby grant to the City, a 550 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 Page 1 of (7) Pages Parcel No. 7227801475 Instrument Number: 20210113000146 Document:EAS Rec: 5110.50 Page-2 of 8 Record Date:1/13/2021 7:45 AM King County, WA TEMPORARY CONSTRUCTION EASEMENT notice to the Grantor of its intent to commence construction. The temporary rights granted 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 costand 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 for the 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. 7227801475 Instrument Number: 20210113000146 Document:EAS Rec: 5110.50 Page-3 of 8 Record Date:1/13/2021 7:45 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 Easementor 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: `' q 3 , 2020. Grantor: Way Back Inn Foundation, a Washington Non-profit Corporation BY 4IMP WWJ —Toylv�n, �I a [NAME] Its roC4 rlhrn DYp ri Y [TITLE] Accepted and Approved City of Renton Its [Title]a[16 i'UDY�S Mwom4py- Date 0,41202.1 Page 3 of (7) Pages Parcel No. 7227801475 Instrument Number: 20210113000146 Document:EAS Rec: S110.50 Page-4 of 8 Record Date:1/13/2021 7:45 AM King County, WA TEMPORARY CONSTRUCTION EASEMENT CORPORATE/LLC/ EPRE FNTATIVEACKNOWLEDGMENT STATE OF J' ss. COUNTY OF Li I certify that i know or have satisfactory evidence that �r_ wca rr�,? is the person who appeared before me, and said person acknowledged that they signed this instrument, and on oath stated that they w re authorize xecute the instrument and acknowledged it as the to zf=c of Way Back Inn Foundation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this day of 20 (SEALS P blikry PT'�57 922 (P , �et\a :s02 __ Printed Name 1/111OF WAS' \\' Residing at-2U-\f, My appointment expires 9197lac ,a Page 4 of (7) Pages Parcel No. 7227801475 Instrument Number: 20210113000146 Document:EAS Rec: S110.50 Page-5 of 8 Record Date:1/13/2021 7:45 AM King County, WA TEMPORARY CONSTRUCTION EASEMENT EXHIBIT "A" ENTIRE PARCEL LEGAL DESCRIPTION LOT 1, BLOCK 45, CORRECTED PLAT OF RENTON HIGHLANDS NO.2, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 57 OF PLATS, PAGES 92 TO 98, IN KING COUNTY, WASHINGTON. Page 5 of (7) Pages Parcel No. 7227801475 Instrument Number: 20210113000146 Document:EAS Rec: 5110.50 Page-6 of 8 Record Date:1/13/2021 7:45 AM King County, WA TEMPORARY CONSTRUCTION EASEMENT EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT LEGAL DESCRIPTION THE WEST 5 FEET OF LOT 1, BLOCK 45, CORRECTED PLAT OF RENTON HIGHLANDS NO.2, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 57 OF PLATS, PAGES 92 TO 98, IN KING COUNTY, WASHINGTON. APPROXIMATELY 550 SQUARE FEET, MORE OR LESS. Page 6 of (7) Pages Parcel No. 7227801475 Instrument Number: 20210113000146 Document:EAS Rec: S110.50 Page-7 of 8 Record Date:1/13/2021 7:45 AM King County, WA TEMPORARY CONSTRUCTION EASEMENT EXHIBIT "C" GRAPHIC DEPICTION lPage 7 of (7) Pages Parcel No. 7227801475 Instrument Number: 20210113000146 Document:EAS Rec: 5110.50 Page-8 of 8 Record Date:1/13/2021 7:45 AM King County, WA TEMPORARY CONSTRUCTION EASEMENT: 7227801475 GRAPHIC DEPICTION --- -- -- - --- - --- --. - - -- -] Notes O 27 0 14 27 Feet �1ty of Renton �r : Finance & IT Division Legend ElTemporaryConstruction Easement EXHIBIT C