HomeMy WebLinkAboutE 20080403000079 �
Return Address:
City Clerk's Office
City of Renton
1055 South Grady Way 0080403000079
Renton, WA 98055 �
CITY OF RENTON EAS 50.00
PAGE001 OF 009
04/03/2008 09:32
KING COUNTY, WA
Please print or rype information WASHINGTON STATE RECORDER'S Cover Sheet�xcw 6s.o4>
DOCUri1Crit Z'1t1e�S� (or transactions contained therein):(all areas applicable to your document must be filled in)
1. Utility Easement 2.
3. 4.
Reference Number(s)of Documents assigned or released:
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Grantor(s)(Last name first nanie,initials) + /�
1. Sam's Real Estate Business Trust �` �J ' �r G�, ;�t
,
2. G��•r�� �� Y'��'s�Jr��
,
Additiona?names en page_of document.
Grantee(s) (Last name first,then first name and initials)
1. City of Renton ,
2. ,
Additional names on page_of document.
Legal description (abbreviated: i.e. lot block,plat or section,township,range)
A strip of land being 7.5 feet on each side of the following described centerline:
Beginning at the southwest corner of Revised Parcel 1 of City of Renton Lot line adjustment LUA-99-
153-LLA as recorded in ...
Additional legal is on page 8 of document.
Assessor's Property Tax Parcel Account Number ❑ Assessor Tax#not yet assigned
202305-9007
The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to
verify the accuracy or com leteness of the indexing information provided herein.
I am requesting an emergency nonstandard recording for an additional fee as provided in RCW
36.18.010. I understand that the recording processing requirements may cover up or otherwise
obscure some pare of the text on the original document.
Signature of Requesting Party
. ,
When recorded return to:
City Clerk Division
City of Renton
1055 S. Grady Way
Renton, WA 98057
Renton. WA(Sam's)#4835-00
UTILITY EASEMENT AGREEMENT
THIS UTILITY EASEMENT AGREEMENT (the "Agreement") is entered
into as of the � of 7YjC�,� a� by and between SAM'S REAL ESTATE
BUSINESS TRUST, a Delawaze statutory trust, whose address is 2001 S.E. 10�' Street,
Bentonville, Arkansas 72716-0550 (hereinafter referred to as "Grantor") and the CITY OF
RENTON, a municipal corporation(hereinafter referred to as "Grantee").
WITNESSETH
WHEREAS, Grantor is the owner of that certain real property located in the City
of Renton, County of King, State of Washington, legally described on Exhibit A attached hereto
and made a part hereof("Grantor"); and
WHEREAS, Grantee has requested from Grantor and Grantor is desirous of
granting to Grantee, two (2) non-exclusive perpetual utility easements for installation,
maintenance and repair of water lines at, over and under certain portions of the Sam's Club
Property as more specifically defined herein; and
NOW THEREFORE, in consideration of one dollar ($1.00) and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor
does hereby grant to Grantee an Easement pursuant to the following terms and conditions:
1. Accuracv of Recitals. The foregoing recitals aze true and correct and are
hereby incorporated into the body of this Agreement as if fully set forth herein.
2. Easement. Grantor hereby grants to Grantee two (2) easements for the
extension of utilities that may be needed for making underground utility connections for the
installation, operation, maintenance and repair of a water line, each of which shall consist of 100
feet of 16-inch pipe connecting an existing 12-inch water line at the northeast corner of the
building located on the Sam's Club Property ("Easement #1" and "Easement #2"). Both
Easement #1 and Easement #2 shall be 15 feet wide and located in the areas depicted as the
cross-hatched areas on Exhibit B ("Easement Areas") and legally described on Exhibit C.
Grantee agrees to repair any damage caused to the Easement Areas or the surrounding area that
is a result of any construction, or the acts of negligence of Grantee, its customers, employees,
671934.2 3/2/2007
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� �
invitees, or contractors in extending, maintaining, or repairing the utility line. In the exercise of
such rights, Grantee shall not take or cause to be taken any action which would constitute a
material change to the original civil engineering plan for the Grantor Property and Grantee shall
use reasonable efforts to minimize to the extent reasonably practicable any damage to or
interference with the use and employment at any other tract or of any business conducted
thereon. Grantee shall exercise its utility extension rights in such a manner that will cause
minimal disruption to the on-going business operation of Grantor.
3. Use. The Grantee, through its officers, employees and agents, shall have
the right to enter upon the Easement Areas in such a manner and at such times from the date
hereof as may be reasonably necessary for the purpose of conducting, building, laying,
patrolling, replacing and maintaining thereon the water pipe line and its appurtenances, including
such repairs, replacements and removals as may be from time to time required. Said right shall
be perpetual, but should Grantee cease to use, maintain and/or repair said Easement line(s) for a
period of two years, then the applicable utility lines or appurtenances thereon installed in or upon
said lands shall be removed by Grantee within a reasonable time. Any utility extension lines
shall be laid so that the top thereof shall be buried not less than thirty inches below the natural
surface of the ground.
4. Maintenance.
(a) Grantee shall restore the surface(s) of the Easement Areas to their
original condition immediately following any of Grantee's permitted activities within the
Easement Areas, so that Grantor, its successor and assigns shall have the free and unobstructed
use thereof, subject to the rights of Grantee herein provided. Grantee will make no unreasonable
interference with such use of the surface of said lands by Grantor, its successor and assigns.
(b) Grantee, upon the initial installation, and upon each and every
occasion that the same is repaired, renewed, added or removed, shall restore the premises of the
Grantor Property, and any such buildings or improvements disturbed, to a condition as they were
prior to any such installation or work, including the restoration of any topsoil.
(c) If, in an emergency, it shall become necessary for Grantor to
promptly make any repairs that otherwise would have been the responsibility of the Grantee, or if
the Grantee shall fail to adequately maintain the Easement Areas as provided herein, then
Grantor, at its sole option, may proceed forthwith to have the repairs made and pay the cost
thereof, and to receive reimbursement therefor from the Grantee within thirty (30) days after a
written request for same. In such instance, Grantor shall provide the Grantee with oral
notification of its intention to make such repairs or the occurrence of such repairs, at the earliest
practicable time given the nature and extent of the emergency.
(d) Maintenance shall not take place in the months of November and
December of each year.
(e) Said Easement Areas shall not be a staging area for heavy-duty
equipment or other materials.
671934.2 3/2/2007
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(� One lane for ingess and egress in the Easement Areas shall remain
open at all times.
5. Indemni�cation and Insurance.
(a) Grantor, its successors and assigns, will not be responsible for
damage by others to said utility line. Grantee shall indemnify, defend and hold harmless Grantor
for any damages or liability to persons or property that might arise from the use, construction,
operation or maintenance of the Easement and associated lines by Grantee, its agents, employees,
contractors, or anyone authorized by Grantee.
(b) The Grantee will carry and keep in force, at its own expense,
Comprehensive General Liability insurance with companies that do business in this State, in an
amount not less than $2,000,000.0 single limited personal injury and property damage; and
$2,000,000.00 combined personal injury and property damage. All policies of insurance shall be
considered primary of any existing, similar insurance carried by Grantor. The Grantee shall
furnish Grantor with a Certificate of Insurance upon written request.
6. Compliance.
(a) In exercising any rights and privileg�s under this easement, Grantee
shall comply fully with any federal, state or local laws, regulations, ordinances, permits or other
authorizations or approvals or other requirements relating to storm water discharges or the
control of erosion or sediment discharges from construction projects, including but not limited to
the Clean Water Act, 33 U.S.C. § 1251 et seq., and the Storm Water General Permit for
Discharges Associated with Construction Activities (collectively the "Storm Water
Requirements").
(b) Grantee shall secure, maintain and comply with all required licenses,
permits and certificates relating to, or otherwise necessary or appropriate for, the construction,
installation, repair, replacement and maintenance of either Grantee's improvements or the
Easement Areas as provided for herein.
(c) Grantee shall (i) comply in all respects with all immigration laws,
statutes, rules, codes and regulations, (ii)properly maintain all records required by the United
States Citizenship and Immigration Services (the "USCIS"), including, without limitation, the
completion and maintenance of the Form I-9 for each of Grantee's employees, and (iii)respond
in a timely fashion to any inspection requests related to such I-9 Forms.
7. Hazardous Waste. Grantee (hereafter the indemnifying party), its
successors and assigns, shall indemnify and hold harmless from and against any and all losses,
liabilities (including strict liability), damages, injuries, expenses, and costs including, without
limitation, reasonable attorney's fees, of any settlement or judgment and claim of any and every
kind whatsoever paid, incurred or suffered by, or asserted against, Grantor, its successors and
assigns by any person or entity or governmental agency, for, with respect to, or as a direct or
indirect result of the escape, seepage, leakage, spillage, emission, discharge or release of any
Hazardous Substance (as defined hereinbelow) resulting from the operations of the Grantee upon
or under any parcel of land owned by Grantor including, without limitation, any losses, liabilities
6719342 3/2/2007
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(including strict liability), damage, injuries, expenses, and costs, including, without limitation,
reasonable attorney's fees, of any settlement or judgment or claims asserted or arising under, as
amended, the comprehensive Environmental Responses, Compensation and Liability Act, the
Superfund Amendment and Reauthorization Act, the Resource Conservation Recovery Act, the
Federal Water Pollution Control Act, the Federal Environmental Pesticides Act, the Clean Water
Act, any so-called federal, state or local "Superfund" or "Superlien" statute, or any other statute,
law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability
(including strict liability), or standards of conduct concerning any Hazardous Substance.
8. Duration. The agreements contained herein and the rights granted hereby
shall run with the title to the Easement Areas and shall bind and inure to the benefit of the parties
hereto and their respective heirs, successors, sublessees and assigns; subject, however, to the
provisions of Paragraph 1 above.
9. Relocation.
(a) Grantor reserves the right to modify or relocate the utility lines and
associated easements, at the expense of Grantor, provided any such modification or relocation
does not prevent adequate delivery of such utility services.
(b) In case of the opening of a public road or street to or upon Grantor
Property, then any portion of such line interfering with the proper construction and maintenance
of such road or street shall be adjusted accordingly by Grantee, at its expense, so as not to
interfere with such road or street.
10. Headings. The headings of the paragraphs contained herein are intended
for reference purposes only and shall not be used to interpret the agreements contained herein or
the rights ranted hereby.
11. Counterparts. This agreement may be executed in any number of
counterparts, each of which shall be deemed an original,but all of which shall constitute one and
the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the
day and year first above written.
GRANTOR:
SAM'S REAL ESTATE BUSINES5
byprqv��to-1�g�1 terms only
TR ST, a Delaware statutory trust
WAL-MA T EGAL DEPT.
Date: �.�.---
By
4�
icholas S. Goodner
Its Senior Realty Manager
6719342 3/2/2007
4
GRANTEE:
CITY OF RENTON, a municipal corporation
'� .
By
Title Denis Law, Mayor
Attest:
��• W �Z.��`-'
Bonnie I . Walton , City Clerk
State of Arkansas 3-a�.aoo�
County of Benton
The foregoing instrument was acknowledged before me this � day of
Yi f , 2007, by Nicholas S. Goodner a Senior Realty Manager of Sam's Real Estate
Business Trust, a Delaware statutory trust, on behalf of the trust.
'� Date
`iR'`�i���i`f��i��L" � ,
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County of �
The foregoing instrument was acknowledged before me this � day of
�/1/1ri�'G� , 200� by I�e-v��5 L-Ct � , the V1��vvr�
of �'Gt� C�fv o� �_,��-o ., , a�n) �'L1�s v�t�i,�cl l �,�n�„-�t�
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(Seal ani� Expiration Dfite)
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671934.2 3/2/2007
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EXHIBIT A
(Legal Description of Sam's Property)
LEGAL DESCRIPTION
(METES AND BOUNDS LEGAL DESCRIPTION OF PROPOSED SAM'S CLUB PURCHASE)
REVISED PARCEL 1,REVISED PARCEL 2,REVISED PARCEL 3,AND A PORTION OF REVISED PARCEL 4 OF CITY
OF RENTON LOT LINE ADNSTMENT NO. LUA-99-153-LLA, AS RECORDED UNDER RECORDING NO.
20010213900004,RECORDS OF KING COUNTY,WASHINGTON,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 19, TOWNSHIP 23 NORTH, RANGE 5 EAST,
WILLAMETTE MERIDIAN, FROM WHICH POINT THE NORTH QUARTER CORNER OF SAID SECTION 19 BEARS
NORTH 89°42' 16"WEST,2661.81 FEET DISTANT;
THENCE SOUTH 00°44'46" WEST, 72.43 FEET TO THE SOUTHERLY MARGIN OF S.W. GRADY WAY,THE POINT
OF BEGINNING, AND THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT, FROM WHICH POINT THE
RADIUS POINT OF SAID CURVE BEARS NORTH 40°22"46"WEST,3857.93 FEET DISTANT;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND SOUTHERLY MARGIN OF S.W. GRADY
WAY,PASSING THROUGH A CENTRAL ANGLE OF 03° 14'OS",AN ARC DISTANCE OF 217.82 FEET;
THENCE NORTH 46°23'08"EAST,ALONG SAID SOUTHERLY MARGIN 75.85 FEET;
THENCE SOUTH 43°36'S2"EAST, 100.35 FEET;
THENCE SOUTH 89° 59' 34" EAST, 93.70 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT,
FROM WHICH POINT THE RADIUS POINT OF SAID CURVE BEARS NORTH 89°25'43"EAST,62.00 FEET DISTANT;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE,PASSING THROUGH A CENTRAL ANGLE OF 83°
12' 13",AN ARC DISTANCE OF 90.04 FEET;
THENCE SOUTH 83°46'31"EAST, 144.23 FEET;
THENCE SOUTH 89°59'34" EAST,97.75 FEET TO THE WESTERLY MARGIN OF MAIN AVENUE SOUTH (BENSON
ROAD SOUTH);
THENCE ALONG SAID WESTERLY h4ARGIN THE FOLLOWING FIVE COURSES:
THENCE SOUTH 01°28' 24" WEST, 296.92 FEET TO THE BEGINNING OF A 199.18-FOOT-RADIUS CURVE TO THE
RIGHT;
THENCE ALONG THE ARC OF SAID CURVE, PASSING THROUGH A CENTRAL ANGLE OF 48° 46' 00", AN ARC
DISTANCE OF 169.53 FEET;
THENCE SOUTH 50° 14' 24" WEST, 81.60 FEET TO THE BEGINNING OF 507.46-FOOT-RADIUS CURVE TO THE
LEFT;
THENCE ALONG THE ARC OF SAID CURVE, PASSING THROUGH A CENTRAL ANGLE OF 25° 28' 00", AN ARC
DISTANCE OF 225.56 FEET;
THENCE SOUTH 24°46'24"WEST, 126.70 FEET;
THENCE NORTH 77°58' 12"WEST,94.72 FEET;
THENCE SOUTH 11°25'33"WEST,9.83 FEET;
THENCE SOUTH 31°29' 18"WEST,27.44 FEET;
THENCE SOUTH 51°33'03"WEST,412.32 FEET;
THENCE NORTH 87°20'45"WEST,59.19 FEET TO THE EASTERLY MARGIN OF SR-515(TALBOT ROAD SOUTH);
THENCE ALONG SAID EASTERLY MARGIN THE FOLLOWING FOUR COURSES:
THENCE NORTH 02° 39' 15" EAST, 130.75 FEET TO THE BEGINNING OF A 750.00-FOOT-RADIUS CURVE TO THE
LEFT;
THENCE ALONG THE ARC OF SAID CURVE, PASSING THROUGH A CENTRAL ANGLE OF 35° 31' 26", AN ARC
DISTANCE OF 465A1 FEET;
THENCE NORTH 32° 52' 11" WEST, 147.91 FEET TO THE BEGINNING OF A 45.00-FOOT-RADIUS CURVE TO THE
RIGHT;
THENCE ALONG THE ARC OF SAID CURVE, PASSING THROUGH A CENTRAL ANGLE OF 88° 36' 19", AN ARC
DISTANCE OF 69.59 FEET TO THE SOUTHERLY MARGIN OF S.W. GRADY WAY AND A POINT OF REVERSE
CURVATURE WITH A 3857.93-FOOT-RADIUS CURVE TO THE LEFT;
THENCE ALONG THE ARC OF SAID CURVE AND SOUTHERLY MARGIN, PASSING THROUGH A CENTRAL
ANGLE OF 06°06'S4",AN ARC DISTANCE OF 411.74 FEET TO THE POINT OF BEGINNING.
671934.2 3/2/2007
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EXHIBIT C
LEGAL DESCRIPTION OF EASEMENT:
A strip of land being 7.5 feet on each side of the following described centerline:
Beginning at the southwest corner of Revised Parcel 1 of City of Renton Lot line
Adjustment LUA-99-153-LLA as recorded in Book 143 of Surveys at page 81, under
auditor's file number 20010213900004, records of King County, Washington, in the
Northeast quarter of section 19, and the Northwest quarter of section 20, Township 23
North, Range 5 East, Willamette Meridian, City of Renton, King County, Washington;
Thence North 02°39'15" East along the west line of said Revised Parcel 1, a distance of
67.78 feet to the TRUE POINT OF BEGINNING of the easement centerline;
Thence South 87°20'45" East, a distance of 49.86 feet to the point of beginning of a non-
tangent curve to the left, with a radius of 153.00 feet and a radial line bearing of North
04°20'30"West;
Thence northeasterly along said curve to the left, through a central angle of 80°46'14" and
an arc length of 215.69 feet;
Thence North 72°57'S5" East, a distance of 110.88 feet;
Thence North 21°36'23"East, a distance of 289.96 feet;
Thence North 00°53'37" West, a distance of 22.87 feet to the terminus of said easement
centerline.
AND
A strip of land being 7.5 feet on each side of the following described centerline:
Beginning at the northeast corner of Revised Parcel 4 of City of Renton Lot line
Adjustment LUA-99-153-LLA as recorded in Book 143 of Surveys at page 81, under
auditor's file number 20010213900004, records of King County, Washington, in the
Northeast quarter of section 19, and the Northwest quarter of section 20, Township 23
North, Range 5 East, Willamette Meridian, City of Renton, King County, Washington;
Thence South O1°58'45" West along the east line of said Revised Parcel 4, a distance of
127.89 feet to the TRUE POINT OF BEGINNING of the easement centerline;
Thence North 88°31'36" West, a distance of 56.38 feet;
Thence North 68°23'37"West, a distance of 30.12 feet to the terminus of said easement
centerline.
671934.2 3/2/2007
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