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Home My WebLink AboutE 20060317000390 V � Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 20060317000390 CITY OF RENTON EAS 37,00 PAGE001 OF 006 03/17/2006 10:50 KING COUNTY, WA Title: UTILITIES EASEMENT Pro e Tax Parcel Number: 192305-9043 Project File#: Street Intersection or Project Name: Reference Number(s)of Documents assigned or released: Add;cionat reference numbers are on page Grantor(s): Grantee(s): 1. RVA Center,LLC 1. City of Renton, a Municipal Corporation Additional legal is on page of document. (Abbreviated lega/description MUST go here.) LEGAL DESCRIPTION: A utility easement over a portion of the Northeast Quarter of Section 19,Township 23 North,Range 5 East, W.M., in the City of Renton,King County, Washington. (see attached for full legal description) 060201a FINAL Esmt-RVACenter.doc\ Page 1 FORM 03 0013/bh/CA2-21-97 �(.��.�s,� :��T��UIRED Ri�e��:�.r�,;:...�:��i�v�slon �Y�C��r��!�—�� The Grantor(s), for and in consideration of mutual benefits,do by these presents,grant,bargain,sell,convey,and warrants unto the said Grantee, its successors and assigns,an easement for public utilities(including water, wastewater,and surface water)with necessary appurtenances over,under,through,across and upon the following described property(the right-of-way)in King County,Washington,more particularly described on page 1. (or if full legal is not on page I--Exhibit A.) For the purpose of constructing,reconstructing,installing,repairing,replacing,enlarging,operating and maintaining utilities and utility pipelines,including,but not limited to,water,sewer and storm drainage lines, together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefor. Following the initial construction of its facilities, Grantee may from time to time construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions: 1. The Grantee shall,upon completion of any work within the property covered by the easement,restore the surface of the easement,and any private improvements disturbed or destroyed during execution of the work,as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. 2. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. Grantor shall not,however,have the right to: a. Erect or maintain any buildings or structures within the easement;or ' b. Piant trees,shrubs or vegetation having deep root patterns which may cause damage to or interfere with the utilities to be placed within the easement by the Grantee;or c. Develop, landscape,or beautify the easement area in any way which would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein. d. Dig,tunnel or perform other forms of construction activities on the property which would disturb the compaction or unearth Grantee's facilities on the easement,or endanger the lateral support facilities. e. Blast within fifteen(I S)feet of the easement. 3a. The Renton Village Storm System Project improvements may include surveying,soil borings,geotechnical exploration,and construction of the new underground storm system. 3b. The new stormwater system will be designed and constructed at no cost to the property owners, included relocating or modifying any existing public or private utilities needed for project construction. 4. The Grantee may use the Easement area for surveying,geotechnical investigation,construction staging, material storage,and other purposes needed for the new storm system project. The Grantee will attempt to limit the Easement area used to minimize disruption to the Grantor. The Grantee will coordinate the work to the extent possible with the Grantor to minimize disruptions to the Grantor. 5. The Grantee will notify the Grantor at least seven days ahead of time of any areas in the Easement that will be used for the new storm system project. 6a. The Grantor will notify all user of the parking lot in the Easement area of"No Parking"in the area that will be used for the storm system project. The Grantor will be responsible for removing,or paying for removal, of any vehicles parking in the"No Parking"area and Easement area. 6b. The Grantee will require the Contractor to fence off the areas of the easement used for construction, including the active area,material storage,stockpiles,and areas needed for access,to prevent people from parking in those areas. 6c. The Grantee will maintain access to the east and west loading dock for the Thriftway building at all times. -Continued- 060201a FINAL Esmt-RVACenter.doc\ Page 2 FORM 03 0013/bh/CA2-21-97 � , 7. The Grantee may remove curbing, landscaping,and other physical features needed for access and construction of the new storm system, including features along the access road on the north side of the properiy. The Grantee will restore any items removed,unless mutually agreed otherwise with the Grantor. 8. The Grantee will attempt to locate the new storm system in close proximity to the existing 42-inch and 48- inch storm system. The Grantor acknowledges that the location of the new storm system may vary from the location of the existing storm system. 9. The Grantor and its successors agree to execute a permanent Utility Easement,a minimum of]0 feet wide from each side of the new underground stor►n system after it is constructed. 10. The Grantee agrees to concurrently release this Easement with the execution and recording of the permanent Utility Easement for the new storm facilities. 11. This Easement and the permanent Utility Easement shall contain the following Hold Harmless provision: The Grantor acknowledges that part of the Property is located in a flood hazard zone identified on the FEMA Flood Maps. Because of the factors inherent in the location of the Property,the new storm system project may not eliminate flooding on the Property. The Grantor,and its successors,release and agree to indemnify and hold the City harmless from any damage to the Property,property improvements,and persons and personal properiy on the Property,and from any liability,suit,action,judgment or claim arising from any flooding of the Property. 12. This Easement expires four years from the date of recording of this instrument,unless the new storm facilities have been constructed or are under construction. This easement shall run with the land described herein,and shall be binding upon the parties,their heirs, successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. By this conveyance,Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons,whomsoever,lawfully claiming or to claim the same. This conveyance shall bind the heirs, executors,administrators and assigns forever. .,,,/ r��- IN WITNESS WHEREOF,said Grantor has caused this instrument to be executed this�day of 20�'. avA CC-�J rE�.� �.�.0 '�y �, sNc-c cc�irE�t . 1.�.�. its N,a�.a�' � � .- /�,� (Grantor) Nl c►yla��r11 ,11 Q ni bQ.�" � 060201a FINAL Esmt-RVACenter.doc\ Page 3 FORM 03 0013/bh/CA2-21-97 Form 84 0001/bh IN WITNESS WHEREOF,I have hereunto set my hand and seal the day and year as written below. Notary) INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING ) I certify that I know or have satisfacrory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: REPRESENTATIVE FORM OFACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS - '� '`•�, COLTNTY OF KING /�� ''`"��'� �, t� I certi that I know or have satisfacto evidence that � 4� �� U�C- ( ,� a , .. r fY rY r ._-`�,y�.•` ,1.•.!�,••� �ti t, r. � '.-. " �� °r�t�h �"'� �� ' G � G��i i f� ��, � signed this instrument,on oath �=�t' '�}`�� i � �'`�' � �^��r �� ",.��';, y�14 � stated that he/she/they w�s/w re authorized�o execute the instrument and � ;� '�.. , �'' jp"; � acknowled ed it the j y: (� �%l � . Ir and � �� a,.� _ � of ` Y}'1 � � - �. {' be the free and voluntary act of such � �''�,� y-��.� " ' party/parties for the uses and purposes mentioned in the instrument. , �� 7 ��_'�_ . 1^ ''��// /��r��'�*�,II '•��,.�^`� �'� _ L. G U' �, ,' �� - L' C '�� o�f/°:.a.:1?�` , �'_ � . Notary Public in a d or the State of Washington- Notary(Print) � ��l-{„ � (,� My appointment expires:�_� � �- Cy Dated: CORPORATE FORM OFACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING ) On this day of , 19 ,before me personally appeared to me known to be of the corporation that executed the within instrument,and acknowledge the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: 060201 a FINAL Esmt-RVACenter.doc\ Page 4 FORM 03 0013/bh/CA2-21-97 I. 1 �1 , . . EXHIBIT A UTILITY EASEMENT LEGAL DESCRIPTION A utility easement over Parcel A,City of Renton Lot Line Adjushnent Number LUA 98-164-LLA, as recorded under King County Recording No. 20010507900001 more particularly described as � follows: Beginning at the most easterly Southeast Corner of said Parcel A; Thence North 89°44'02"West along the northerly margin of South Renton Village Place,a distance of 372.42 feet; Thence South O 1°04'08"West along the westerly margin of said street,a distance of 60.01 feet; Thence North 89°44'02"West along the southerly boundary of said Parcel A,a distance of 94.55 feet; Thence North 0° West,a distance of 83.63 feet; Thence North 90°East,a distance of 266.07 feet; Thence North 0°East,a distance of 54.17 feet; Thence North 90°East, a distance of 204.56 feet to the easterly boundary of said Parcel A; Thence South O 1°04'08"West along the easterly boundary of said Parcel A, a distance of 85.89 feet to the point of beginning; Situate in the Northeast Quarter of Section 19, Township 23 North,Range 5 East, W.M., in the City of Renton,King County, Washington. r � � • . ` ' � 192305-9043 THRIFTWAY S�O� UTILITY EASEMENT QZ��`� " _ __ _ . ��., Note-Construction wifl not disturb -- - -- - - building. THRIFTWAY >, Ex.72-Inch_Storm f S Renton Village PL S R E N 5�0� �,��o� ��. ONE RENTON PLACE � 723160-0542 o • � U C I � � �< W �- . . ORT , , EASEMENT - Shopping Center I 100 RENTON VILLAGE STORM SYSTEM PROJECT Scale� 1' = 100' City of Renton SurFace Water Utility D. Carey 12/13/05