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HomeMy WebLinkAboutE 20080423000473 . � • � , , Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 20080423000473 KRNE EAS 48.00 PAGE001 OF 007 04/23/2008 10:23 KING COUNTY, WA WATER UTILITY EASEMENT Pro er Tax Parcel Number: 088660-0029 Project File#: Street Intersection or Project Name: Reference Number(s) of Documents assigned or released: Grantor(s): Grantee(s): Transwestern Harvest Lakeshore, L.L.C., a City of Renton, a Municipal Corporation Delaware limited liability company Grantor is the fee owner of Lot 1 of the City of Renton Short Plat Li1A-06-OC9-SHPT_,, recorded under Recording Number 20061024900005, records of King County, Washington, situate in the City of Renton, County of King, State of Washington ("Lot 1"). Target Corporation is the fee owner of Lot 2 of the City of Renton Short Plat LUA-06-069-SHPL, recorded under Recording Number 20061024900005, records of King County, Washington, situate in the City of Renton, County of King, State of Washington. Grantor, for and in consideration of mutual benefits, does by these presents, grant, bargain, convey, and warrant unto the above named Grantee, its successors and assigns, an easement for public water line with necessary appurtenances ("Water Utility Easement") over, under, through, across and upon that portion of the property in King County, Washington, more particularly described on Exhibit "A" and depicted on Exhibit "B", both of which are attached hereto and made a part hereof for all � purposes, situated on Lot 1 (the "Easement Area"); for the purpose of constructing, reconstructing, installing, repairing, replacing, enlarging, operating and maintaining water line utilities and utility pipelines (the "Facilities"), together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law and without incurring any legai obligation or liability therefor. Following the initial construction of its facilities, Grantee may, from time to time and at Grantee's sole cost and expense, construct within the Easement Area such additional Facilities as it may require. This Water Utility Easement is granted subject to the following terms and conditions: 1. Grantee shall, upon completion of any work within the Easement Area, restore the surface of the Easement Area 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. water main\ Page 1 FORM 03 0008/bh/ r � � 2. Grantee shall at all times exercise its rights hereunder so as not to interfere with Grantor's reasonable use of the remainder of the property owned by Grantor. 3. Grantor hereby reserves and retains all other property rights in and to the Easement Area, including without limitation, the rights to (a) use the Easement Area for any purpose whatsoever, so long as such use does not unreasonably interfere with Grantee's rights hereunder and (b) locate electric, gas and water lines and other utilities in the Easement Area, so long as such improvements do not unreasonably interfere with Grantee's permitted use of the Easement Area. Grantor further reserves and retains the right from time to time, to cause Grantee to relocate the Facilities at Grantor's expense, at such location to be approved by Grantee, such approval not to be unreasonably withheld, conditioned or delayed. It is understood that if such relocation of the Facilities is to a place outside of the Easement Area, Grantee shall execute and deliver to Grantor, promptly upon request, an amendment to this instrument setting forth the revised Easement Area. Grantar shall not, however, have the right to: a. Erect or maintain any buildings or structures within the Easement Area; or b. Plant trees, shrubs or vegetation having deep root patterns which may cause damage to or interfere with the utilities to be placed within the Easement Area 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 Easement Area which would disturb the compaction or unearth Grantee's facilities on the Easement Area, or endanger the lateral support facilities. e. Blast within fifteen (15)feet of the Easement Area. This Water Utility Easement shall run with the land described herein, and shall be binding upon the parties, their heirs, successors in interest and assigns. Grantor covenants that it is the lawful owner of the Easement Area and that Grantor has a good and lawful right to execute this Water Utility Easement. By this conveyance, Grantor will warrant and defend all and singular the Easement Area unto the Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise, subject, however to all prior matters of record validly existing and affecting said Easement Area. This conveyance shall bind the heirs, executors, administrators and assigns forever. k IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this �day of April, 2008. water main\ Page 2 FORM 03 0008/bh/ ! l ' TRANSWESTERN HARVEST LAKESHORE, L.L.C., a Delaware limited liability company By: TRANSWESTERN LAKESHORE,L.L.C., a Delaware limited liability company, as Manager By: irk Degenaar , Managing Directar FORM OF ACKNOWLLiDGMENT Notary Seal must be within box STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) On this �� day of �L , 2008, before me personally appeared Dirk Degenaars, to me peisonally known, bein� first by n�e duly sworn, did say that he is the Managing Director of TRANSWESTERN LAKESHORE, L.L.C., a Delaware limited liability company,Manager of Transwestern Harvest Lakeshore, L.L.C., a Delaware limited liability company, and that said instrument was sibned on behalf of said limited liability company and acknowled�ed said instrument to be the ft•ee act and deed of said limited liability co any for the uses and purposes therein mentioned. E it.�1�-� Notary P lic in and�fo- he State of Ill�i is Notary(Print) /�'D�c�c�� �•aJ-/�i1t/hv My commission expires:_T�7 /zo/� .�C�l�.BiM��r�s ppTARY P�S��gi27/2011 �Y water mainV Page 3 FORM 03 0008/bh/ r � ' • TRANSWESTERN HARVEST LAKESHORE, L.L.C., a Delaware limited liability company By: HARVEST LAKESHORE, LTD., a Texas limited partnership, as Manager By: Harvest Lakeshore Partners, LLC, a Texas limited liability company, its sole general partner � By: Tod A. Ruble Manager FORM OFACKNOWLEDGMENT Notary Seal must be within box STATE OF TEXAS ) )SS COUNTY OF DALLAS ) „ On this�� day of April, 2008, before me personally appeared Tod A. `� � Ruble, to me personally known,being first by me duly sworn,did say that he ao W W N is the iVlanager of HARVEST LAKESHORE PARTNERS, LLC, a Texas � o ^ limited liability company, sole general parkner of Harvest Lakeshore, Ltd., a o� � Texas limited partnership, Manager of Transwestern Harvest Lakeshore, g L.L.C., a Delaware limited liability company, and that said instrument was �v � signed on behalf of said limited liability company and acknowledged said �o instrument to be the free act and deed of said limited liabiliry company for the uses and uiposes therein mentioned. �� � � � N ar Public in and for the State of Texas � t Notary(Print) l.h^ L�ro���S I My commission expires: 17-1'1 - �b 1� water main\ Page 4 FORM 03 0008/bh/ Harvest 1'ai�tners Lakeshore Landing Project 032536 October 4,2007 Exhibit A Water Easement That pot�tion of Lots 1 and 2 of City of Renton Short Plat LUA-06-069-SHPL, recoi•ded under recording number 20061024900005,records of King County, Washington, lying within the northwest quai�ter of Section 8, Township 23 North, Range 5 East, W.M., being strips of land 15.00 feet in width, lying 7.50 feet on each side of the following desci•ibed centerlines: COMMENCING at the southeast corner of said Lot 1,thence N89°25'S3"W, along the south line thereof, a distar�ce of 250.70 feet; Thence,continuing along the boundary of said Lot 1,N44°14'34"W a distance of 39.07 feet; Thence,continuing along said boundary,N00°56'42"E a distance of 34.60 feet to the POINT OF BEGINNING, hereinafter refei7•ed to as Point `A'; Thence N90°00'00"E a distance of 23,00 feet to the end of this easement centerline description. ALSO,cornmencing at Point `A',thence N00°56'42"E, along the boundary of said�,ot 1,a distance of 229.82 feet to the POINT OF B�GINNING, hereinafter refei7•ed to as Point `B'; Thence S89°38'43"E a distance of 51.00 feet to a point hereinafter referred to as Point `C'; Thence S89°38'43"E a distance of 8.06 feet; Thence N'72°00'00"E a distance of 225.38 feet to a point hereinafter referred to as Point `D'; Thence N72°00'00"E a distance of 51.87 feet; Thence N90°00'00"E a distance of 73.50 feet to a point hereinafter referred to as Point`E'; Thence N90°00'00"E a distance of 70,21 feet to a point hereinafter referred to as Point`F'; Thence N90°00'00"E a distance of 143,74 feet; Thence N45°00'00"E a distance of 47.74 feet to the beginning of a non-tangent curve to the right, the�•adius point of which bears S24°36'40"E; Thence easterly along said cuive, having a radius of 400.00 feet and a cent�•al angle of 12°OS'00", an arc length of 84.36 feet to the east line of said Lot 2 and the end of this easement centerline description, said east line being a curve of radius 850.00 feet, whose center bears S76°49'S6"W and whose noi�th end lies northerly an arc length of 71.81 feet. ALSO,commencing at Point `B', thence NOQ°56'42"E, along the boundary of said Lot l, a distance of 242.99 feet to the POINT OF BEGINNING; Thence N90°00'00"E a distance of 35.00 feet to the end of this easement centerline description. ALSO,beginning at Point `C', thence N00°21'17"E a distance of 22.50 feet to the end of this easement centerline description, ALSO,beginning at Point `D', thence N18°00'00"W a distance of 22.50 feet to the end of this easement centerline description. water main\ Page 5 FORM 03 0008/bh/ ALSO,beginning at Point `E',thence N00°00'00"E a distance of 28.50 feet to the end of this easement centerline description. ALSO, beginning at Point `F',thence N00°00'00"E a distance of I7.00 feet to the end of this easement centerline description. ALSO,commencing at the southwest corner of said Lot 2,thence S89°25'S3"E,along the south line thereof, a distance of 322,79 feet to the P�INT OF BEGINNING; Thence N00°34'07"E a distance of 8.8 feet to the south face of Building 100, as shown on Exhibit B,attached hereto, and the end of this easement centerline description. ALSO,a strip of land 38.00 feet in width,lying 19.00 feet on each side of the following described centerline: COMMENCING at the northwest corner of said Lot 2, thence N71°59'30"E, along the north line thereof, a distance of 7.80 feet to the POINT OF B�GINNING; Thence S18°00'30"E a distance of 27,30 feet to the end of this easeznent centerline description. The sidelines of said 15.00 foot and 38.00 foot wide easements are to be prolonged or foreshortened at their termini and angle points so as to be contiguous with themselves,the boundary of said Lots 1 and 2,and the southerly face of said building. Situate in the City of Renton, County of King, State of Washington. o� o��ASN�� ° G�r � ��, ,�,�,� �``� '°� , � � 2 599 o�k ��'ss��rs•r�E°�� ��NAL A1`� EXPIRES (7 (G� (; water main\ Page 6 FORM 03 0008/bh/ CURVE TABLE LINE TABLE CURVE LENGTN RADlUS DELTA LINE LENGTN BEARlNG Cl 84.36 400,00 92'05'00" EXH1B1r �B� L6 8.06 58938'43"E C2 7f.8i 850.00 4 50'26" L7 225.38 N�2'DO'00"E L1NE TABLE Z8 22•5a N18'DO'00"W LINE LENGTN BEARlNG L9 51.87 N72'00'00"E L1 39.07 N44'i4'34"W L70 73.50 N90'00'00"E L2 34.60 N00'S6'42"E L11 28.50 N00'00'00"E L3 23,00 N90'00'00"E \ Z12 ��•21 N90'00'00"E L13 17.00 N00'00'DO"E L4 51.00 S8938'43"E � , L5 22.50 N00"21'17"E � L?4 143.74 N90'00 00"E L15 47.74 N45'00'00"E �tiO��-�f�' \ \ L16 35.00 N90'00'00"E � /� � L17 322.79 S89'25'53"E �y9 \ � L?8 S.S N00'34�07"E _ �, — \ L19 7.80 N71'S9'30"E � � � opOW CORGLpSN2 � L20 27.30 S?8'00�30"E r"✓ N \ � i ; , � 103 �.\ i � , \ ALL EASEMENTS ARE 15' 1N i I \ ` W1DTH, 7.5' ON EACH SlbE � i � foa \ ` OF CENTERLlNE, EXCEPT I � ( I C1TY OF RENTON SHORT PLAT � NORTNERLY EASEMENT, WNICN iI J LUA-0&-069—SNPL 1S .�8' !N W1DTN, 19' ON i REC. N0. 20061024900005 EACN S1DE OF CENTERL!!VE Li6 I I LOT 2 N 1 w ���___. z �� LOT 1 L�i �` i ti s�s•as5s"w(R) L13 �� 4y � i {� � O N ' LS �=J L._ _ __ _�._J �\N Gy 1 � � ¢ �l� � L10 �F• L14 �'1 `a l I � J � ��� 'p' �9 'E' L12 — � S;�� � 4 4 8,�, --( ` G9 z � '�'?� G� I I 1-4 / J `— � ( D � '�' 16 � d � ;+l I hl N N 1 I lO1 I Z e °� 702 8U1LDlNG i0D D � I Z N I � POIN7 OF ( ' I� 1 ` I L 3 I � I COMMENCEMFNT I �Z � � � S E C O R L 0 7 1 I �q� � SW COR L07 2 I I � � _.--� I I — � I �� N99'25'53"W L17— �f8 I ^ 250.70' - - - - - � � L - - - - � -- - - N 8TN STREET SCALE 1" = 200' � � � � � Bothe��Washingt n8 98021-8972 HA R VES T PA R TN ERS � � LAKESHORF LANDING � �� (425)951-4B00 O (426)851-ABOB whpecfttacom WATER EASEMENT Q Plemiere • F.ngtneers • Surveyora • Lendscape Architects U RENTON/K1NG COUNTY WASHINGTON o W SCALE: 1'�=200� PROJECT NO. 032536 Fi�� NAMe: 032536—Surv—Ex09.dwg SHEET: � g water main\ Page 7 FORM 03 0008/bh/ �