The URL can be used to link to this page

Home My WebLink AboutE 20070117000335 . i i „ ' � / y , , c After recording return to: 200701170003�5 ' CITY OF RENTON EAS 40.00 ��. PAGE001 OF 009 CITY CLERK'S OFFICE 01/17/2007 09:56 KING COUNTY, WA � CITY OF RENTON 1055 South Grady Way �-,a:�%��t '�� N�IT REQUIRED Renton, WA 98055 ��;= i-+�ords Division '�y. �-- paPutY �� J�Z�ht�c��;e�;rSP,, Title: TEMPORARY Property Tax Parcel Number: 2296500200 CONSTRUCTION EASEMENT Project File#: SWP-27-2850 Street Intersection or Protect Name N26th St/Park PL N Reference Number(s)of Documents assigned or released: Additional reference numbers are on page Grantor(s): Grantee(s): 1. SI VI,LLC 1. City of Renton, a Municipal Corporation Additional legal is on page_of document(E�ibit A). ABBREVIATED LEGAL DESCRIPTION: A temporary construction easement over a portion of the Northwest Quarter of Section 5, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington. See Exhibit A for complete legal description. TEMPORARY CONSTRUCTION EASEMENT SI VI, LLC, a California Limited Liability Company("Grantor"), for and in consideration of mutual benefits, by all these presents grants unto the City of Renton, a Washington municipal corporation, ("Grantee"), its successors and assigns, permission to use for public purposes with necessary appurtenances over, under, through, across and upon the following described real property(the "Right-of-way" herein) situated in King County, Washington: See Exhibit A for complete legal description and Exhibit B for a drawing of the easement. For the purpose of constructing the planned storm water project improvements located on the property known as the Bella Vista Apartments, located at 2100 Lake Washington Blvd,North., Renton, Washington(the "Apartment Complex") and associated TEMPORARY CONSTRUCTION EASEMENT- 1 H:�FileSys\SWP...\\27-285..\1001 Conspd...\ 061102b FINAL-TempF,SMT-DWC.DOC with the N 26th St/Park Place N Storm System Improvement Project(the "Temporary � Easement"). The Grantee will provide continuous access to the Apartment Complex and all parking areas associated therewith throughout construction. The Grantee shall, upon completion of any work within Right-of-way, restore the surface of the Right-of-way area, and any private improvements disturbed or destroyed during execution of the work by Grantee or its agents or contractors,to the condition they were in immediately before commencement of the work or entry by the Grantee, its agents or contractors . Grant of this Temporary Construction Easement is subject to the following conditions: • Starage of construction equipment and material will be limited to the Right- of-way area and shall not interfere with the use and occupancy of the Apartment Complex; • After 4:30 pm and on weekends no construction equipment or materials may be stored in the paved portions of the Right-of-way; • Worker parking onsite will be limited to the unreserved spaces in the parking lot at the north end of the Apartment Complex; offsite parking and shuttle will be encouraged; • Work hours will be 8:00 a.m. to 4:30 p.m. Monday through Friday; workers may be onsite only during working hours. • Lunch breaks will be taken offsite; • No music or radios will be playing onsite; • Grantee, or its contractors and agents, shall provide all toilet facilities for workers; and • Upon completion of work in the Right-of-way each day, Grantee shall install a temporary patch for the portion of the Right-of-way area that is located in the Apartment Complex parking lot; and Grantor shall replace such temporary patch with a permanent patch upon completion of all work in the Right-of- way. The Grantee will include the foregoing conditions in its bid documents and shall ensure that all of its agents and contractors comply with these conditions. This Temporary Construction Easement shall become effective upon execution by the Grantor from the date hereof, and shall continue for one (1) year. Grantee shall indemnify, defend and hold Grantor harmless from and against any and all liability, loss, damage, expense, actions and claims, including property damage and personal injury, including death and including court costs and reasonable attorney's fees, TEMPORARY CONSTRUCTION EASEMENT-2 H:�FileSys\SWP...\�27-285..U001 Corrspd...\ 061102bFINAL-TempESMT-DWC.DOC whether or not a lawsuit is instituted, asserted against or incurred by Grantor that arise directly or indirectly from the acts or omissions of Grantee or its employees, contractors, agents,tenants, invitees, or licensees, in the use of the Temporary Easement and the use and occupancy of the Right-of-way area and in any other exercise of Grantee's rights hereunder, and including to the full extent permitted by RCW 4.24.115,to the extent the same is applicable, any such liability, loss, damage, expense, action or claim arising directly or indirectly from the concurrent negligence of Grantor or its employees, contractors, agents, tenants, invitees or licensees. Notwithstanding the foregoing, this paragraph shall not apply to any liability, loss, damage, expense, action or claim, including court costs and reasonable attorney's fees, caused by or resulting solely from the gross negligence or willful misconduct of Grantor or its employees, agents, contractors,tenants, invitees or licensees. In the event of a breach of any of the covenants or agreements set forth in this Temporary Easement, the parties shall be entitled to any and all remedies available at law or in equity, including but not limited to the equitable remedies of specific performance or mandatory or prohibitory injunction issued by a court of appropriate jurisdiction. The parties hereto agree that in the event it becomes necessary for any party to defend or institute legal proceedings as a result of the failure of any party to comply with the terms, covenants, agreements and/or conditions of this Temporary Construction Easement, it is understood and agreed that the prevailing party in such litigation shall be entitled to be reimbursed for all costs incurred or expended in connection therewith, including, but not limited to,reasonable attorney's fees incurred in the action, including on appeal. Grantee shall at all times exercise its rights herein in compliance with all of the requirements of(1) all laws, statutes, ordinances, rules and regulations now or hereafter made by any governmental authority having jurisdiction over the easement area or any use thereof, as those laws, statutes, orders, rules and regulations are from time to time amended, and (2) all covenants, conditions and restrictions of record, if any, applicable to the Right-of-way area. Grantee hereby accepts the Right-of-way area"AS IS" as it presently exists, and understands and agrees that Grantor has made no representations or warranty with respect to the title or condition of the Right-of-way area, or the suitability or fitness of same for any particular purpose. IN WITNESS �-IEREOF, said Grantor and Grantee have caused this instrument to be executed on this �' day of ��,Q,.,�.-G� , 'z�o 6 SI VI, LLC, a California limited liability company By: Sobrato Interests III, a California Limited Partnership Its: Sole Member TEMPORARY CONSTRUCTION EASEMENT-3 H:�FileSys\SWP...\�27-285..U001 Corrspd...\ 061102bFINAL-TempESMT-DWC.DOC By: The John Michael Sobrato 1985 Separate Propert Trust, As Amended Its: Gene 1 Partne By: John c el S rato Its: Trust THE CITY OF RENTON P By: -��c� 1�.� �'�2�-�.. Its: Kathy K olker Mayor STATE OF ) ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that John Michael Sobrato is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Trustee of the John Michael Sobrato 1985 Separate Property Trust, as amended,the general partner of Sobrato Interests III, a California Limited Partnership, the sole member of SI VI, LLC, a California Limited Partnership to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated this day of , � ,� Notary Public in and for the State of residmg at My appointment expires: TEMPORARY CONSTRUCTION EASEMENT-4 H:�FileSys\SWP...\\27-285..\1001 Corrspd...\ 061102b FINAL-TempESMT-DWC.DOC STATE OF WASHINGTON ) ) ss. COUNTY OF K1NG ) I certify that I know or have satisfactory evidence that xQ��t y I��O��CP.i' is the person who appeared before me, and who signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the /Y�Q�p r of THE CITY OF RENTON to be the free and voluntary act of such party far the uses and purposes mentioned in the instrument. � D Dated this o2a day of /VOve�»6 e r , a o 6 ��,� �� Notary Public in and for the St te of Washington,residing at My appointment expires: 02 -9-o20/D � . TEMPORARY CONSTRUCTION EASEMENT-5 H:�F'ileSys\SWP...\�27-285..\1001 Corrspd...\ 061102b FINAL-TempESMT-DWC.DOC CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT � State of �, County of �c�� . On �0 /�CL'�E%�l:�� D� before me, � 5 I'�H�Sf+� t"�,(��JG , Date Na e a Title of Officer(e.g,"Jane Doe,Notary Pu lic") personally appeared ~" V� '–1��14eL lQ.�'U �--� , Name(s)of Signer(s) �ersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(�whose name�are-subscribed to the within instrument and k�eci to me tha��9 executed the ame i hi � authorized capacity(�p ��Y�� and that b .X��i herfttr�ir�ignature(�=bn the instrument he C�� person�s�por the entity upon behalf of which the person� � �y p��_�� y acted, executed the instrument. sarNa C1ara CourM�r MYc��19 WITNESS my an officia� se . , p'�-�a--► . Signatur of otary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. De ription of Attached Document % Title or Ty of Document: / Document Date: umber of Pages: Signer(s) Other Than Named e: Capacity(ies) Claimed by Signe Signer's Name: Signer's Name: ❑ Individual ❑ �vidual ❑ Corporate Officer ❑ Corp te Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner— � ited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or ConsErvator � . ❑ Guardian or Conservator � . ❑ Othgr: Top of thumb here ❑ Othgr: of thumb here Signer Is Repre enting: Signer Is Representing: OO 1996 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free t-800-876-6827 CONSENT OF LENDER TO EASEM ENT The undersigned,FA1�iNIE MAE,is the current holder of a loan secured by a Iien against the property commonly known as $ella Vista Apartments locatcd at N. 2b�' Street, Renton, Washington as evidenced by that certain Deed of Tnist and Security Agrc:ement dated recorded ApriI 25,2002 under Clerk's File No. 2002{1425000387 in the Official Records of Real Property of King County,Washingtan. L,ender consents to fflregoing easerrieat and declares that if Lender (or any other party) shall take title to the pmperty thz�ugh fareclosure or deed in lieu thereof, Lender or such party will not disturb the Easement and will recognize and agree to be bound by the Easement (but shall not be bound to perform any epvenant or pay any charge described therein arising prior to the date it acquires title to the property). FANNIE MAE BX:Prudet�ii S esources Inc Its:DU ender/Se cer By: � Name: _�,,,.+�'��G�OU1�'_' � Title: ��icc n __:a__. �/ �� ` STATE OF TEXAS § § COUNTY OF DALLAS � This instrument was acknowledged before me on the'��day of„ ��'►�, ,2006, by Sc� W. Y1e_C1o�_ ,an AssF. ��c�e 4'r�sr�lt..� of Prudential Asset Resources as DUS Lender/Sezvicer for FANNIE MAE. Tnc. , `��,� �-- �-- Notary Publie,Staie of Texas [SEAL] BARBARA L DYER .� NfN�ilYPl�liC9fAtE0FTE�A9 �+ ce�n�e�or cxP��Ea: .�u�e �rs, aao� , . y � , . EXHIBIT A - Legal Description . A temporary construction easement over the following described parcel: That portion of Government Lot 2, Section 5, Township 23 North, Range 5 East, W.M., King County, Washington, lying easterly of Lake Washington Boulevard; EXCEPT that portion platted as Eldon Acres, according to the plat thereof, as recorded in Volume 11 of Plats, Page 86, in Records of King County, Washington; ALSO EXCEPT any portion thereof lying southerly and easterly of those common boundary lines as established under King County Recording Number 8509110605; TOGETHER WITH that portion of vacated Southeast 100�' Street(formerly known as Mildred Avenue) adjoining or abutting thereon, which upon vacation attached to said premises by operation of law; ALSO TOGETHER WITH that portion of vacated Pelly Place North(formerly known as 102°d Place Southeast and platted as Garrison Avenue) adjoining or abutting thereon, which upon vacation attached to said premises by operation of law as provided by City of Renton Vacation Ordinance No. 3447, recorded under King County Recording Number 8010060646; Said temporary construction easement more particularly described as follows: Beginning at the Southwest Corner of Lot 27, Eldon Acres, according to the plat thereof, as recorded in Volume 11 of Plats, Page 86, in Records of King County; Thence easterly, a distance of 55.85 feet, along the south boundary of said Lot 27; Thence South 60° 10'S0" West, a distance of 73.90 feet; Thence North 35° 00'13" West, a distance of 98.32 feet; Thence North 54° 59'47" East, a distance of 52.05 feet, to a point on the west line of said lot; Thence southerly along said west line, a distance of 75.60 feet,to the point of beginning. All situate in the City of Renton, King County, Washington. . � � ' . . , � . ' . . EXHIBIT B ProM�y NEW STORM LINE LOCATION ' a LOT 27 � � 0 3 2296500138 a � TEMPORARY ` CONSTRUCTION EASEMENT _ � L��e p�o /w» EXISTING ` ao°'``y� STORM SYSTEM / �/ _ � � 0 z BELLE VISTA �� APARTMENT COMPLEX 2296500200 EASEMENTS - Belle Vista Apts 0' 40' N 26TH ST / PARK PL N l � Scale� 1' = 40' STORM SYSTEM PROJECT City of Renton SurFace Water Utility D. Carey 10/16/06