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Home My WebLink AboutE 20080902001178 � � • `�. }� � � • ' . �� ; : Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 20080902001178 CITY OF RENTON EAS 48.00 PRGE001 OF 007 09/02/2008 12:43 KING COUNTY, WA SANITARY SEWER iJTILITY EASEMENT Pro e�rty Tax Parcel Number: 2924059002 Project rile#: LliA-02-04U Street In�erseciion or Project Name:Baxter Lift Station Reference Number(s) of Documents assigned or released: Addicional reference numbers are on page Grantor(s): Grantee(s): 1. Quendall Terminals 1. City of Renton, a Municipal Corporation The Grantor(s),as named above,for and in consideration of mutual benefits,do by these presents,grant,bargain,sell, convey,and warrant unto the above named Grantee,its successors and assigns,a non-exclusive easement for public sanitary sewer with necessary appurtenances over,under,through,across and upon the following described property(the right-of- way)in King County,Washington,more particularly described in Exhibit A: For the purpose of constructing,reconstructing, installing,repairing,replacing,enlarging,operating and maintaining sanitary sewer utilities and utility pipelines,together with the right of ingress and egress thereto i 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. All facilities shall be underground. This easement is granted subject to the following terms and conditions: l. 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. Grantee shall indemnify,defend and hold harmless Grantor,its successors and assigns,from any damage,liability, claim,lien,or loss,including attorney's fees and costs,arising out of use of the easement by Grantee,its agents, �o•,rr��r�r�,�uccPssors in tirle.assiens.authorized persons,and/or all others acting on its behalf,except to the extent such damage,liability,claim,lien,or loss,is due to the negligence or intentional misconduct of the Grantor or an agent,contractor,successor in title,authorized person,assign of Grantor. 2. All construction and installation of improvements within the easement and the operation and maintenance thereof shall be performed(a)in accordance with applicable laws,regulations and permits>(b)in a lien-free,professional and safe manner,and(c)with due diligence at reasonable times and in a reasonable manner to minimize interference with other uses on the property. Prior to entry onto the easement for repair or maintenance,Grantee shall provide reasonable notice to Grantor,except to the extent of an emergency. 3. Grantor shall retain the right to use the surface of the easement,and to grant utility easements to other utility providers, as long as such use or additional easements do not interfere with the easement rights granted to the Grantee. Grantee will cooperate with Grantor for the location of additional utilities within the easement area. Grantor shall not,however,have the right to: a. Erect or maintain any buildings or structures within the easement;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 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 restorin the easement area and an rivate im rovements 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 right-of-way,or endanger the lateral support facilities. e. Blast within fifteen(15)feet of the right-of-way. 4. This easement is located within a Federal Superfund Site regulated by the U.S.Environmental Protection Agency. Any work by the Grantee or other person in the easement area shall be done in compliance with requirements of the U.S.Environmental Protection Agency,the Washington State Department of Ecology,or any other agency with authority pursuant to state or federal environmental laws("Environmental Agencies"),and only after 30-day notice to the appropriate Environmental Agency,and Grantee and any other person using the easement shall indemnify and hold Grantor harmless from any cost>liability or obligation relating to construction in or use of the easement area by Grantee or any other person,including but not limited to compliance with requirements of any of the Environmental Agencies. Grantor reserves a right of access over the easement for Environmental Agencies and their authorized contractors in connection with its regulation of the Federal Superfund Site. Grantee shall be solely responsible for the management and disposal if any waste generated as a result of the installation,operation or maintenance of improvements within the easement and shall be the generator of any waste resulting from those activities. Grantee shall indemnify,defend and hold harmless Grantor,its successors and assigns,from any damage,liability,claim,lien, or loss or any costs of expenses,including attorney's fees and costs,associated with the generation,management, disposal of hazardous substances by Grantee or contact with or exposure to hazardous substances resulting from subsurface activities authorized or permitted by Grantee within the easement. 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 easement granted hereby to the Grantee against all and i every person or persons,whomsoever,lawfully claiming or to claim the same. This conveyance is subject to all existing easements,reservations,restrictions,covenants,encumbrances,and all other matters of record.This conveyance shall bind the heirs,executors,administrators and assigns forever. � IN WITNESS WHEREOF,said Grantor has caused this instrument to be executed this�day of��2008. Approved and Accepted By: I Grantor(s): QLTENDALL TERMINALS,a Grantee • City of Renton , Washington joint venture � By Altino Properties,Inc.,a Washington By = , corporatio joint ve turer Denis Law,Mayor By � � �P RobertC� '^:,Vc Psi�ent Attest : gl ",/ 1.��',�'.�'e� ByJ. H.Baxter&Co.,aCalifornialimited Bon�nie I . Walton, City Clerk � partnership,joint venturer �. /8,��0��, By J. H. Baxter&Co.,a California ''� � ''•�;,. '� I Corporation,general partner 4 ; � � : ; ; I . Q V-` • �� I By '- %�':, C/' • I Georgia xter,President and CEO ' .... '! •�,,�. � � DWT 2236882v1 0032695-000004 Page 2 FORM 03 0008/bh/ I' ,, ;f . . , . Exhibit A Legal Description STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this�day of 2008,before me,the undersigned,a Notary Public in and for the state of Washington,duly commission�sworn,personally appeared ROBERT CUGINI to me known to be the Vice President of ALTINO PROPERTIES,INC,a Washington corporation,which is a joint venturer of QUENDALL TERMINALS,a Washington joint venture,that executed the foregoing instrument,and acknowledged the said inst�ument to be the free and voluntary act and deed of said corporation and joint venture, for the uses and purposes�herein mentioned,ar�d on oath stated that s/he is authorized to Pxecute the said instrument. IN WITNESS WHE�2F�PF,I have hereunto set my hand and official seal the day and year first above written. ��1� �. ,e: �fq�'',� "'OQ'`t�'S,ON��f',��.Ai�'v '�; I = �.��t�R} 'p�;o,9� , % � Q i � ��u - • - N' NOTARY PUBL C in and for e State o � � ,��e`�v .� ;-� Washington,residing at �� .��'�, S,�9_p�;= ^ My appointment expires ', . �� '9j'�''''��„��,��''� Print Name I �� O� �rn� �� STATE OF WASHINGTON ) I ) ss. �� Y OF KING ) , On this ay of ,2008,before me,the undersigned,a Notary Public in and for the �' state of Washington,duly co ' sioned and sworn,personally appeared GEORGIA BAXTER to me known to be the President and CEO of J. H. TER&CO.,a California Corporation, which is general partner of J. H. , BAXTER&CO.,a California limited part hip,which is a joint venturer of QUENDALL TERMINALS>a I Washington joint venture,that executed the foreg � instrument,and acknowledged the said instrument to be u e:ree and�.oluntar�a�t and deed cf said corporation, _' 'ted partnershig and;oint venture, fnr the uses and purposes therein mentioned,and on oath stated that s/he is au 'zed to execute the said instrument. IN WITNESS WHEREOF,I have hereunto set my hand and of ic' seal the day and year first above written. ��_� �c� NOTARY PUBLIC in and for the State of Washington,residing at My appointment expires Print Name DWT 2236882v1 0032695-000004 Page 3 FORM 03 0008/bti/ • , '• . • ' • . STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this�_day of �,2008,before me,the undersigned,a Notary Public in and for the state of Washin on dul commissione and sworn ersonall a eared DENIS LAW to me known to be the � , Y ,P Y PP Mayor of the CITY OF RENTON,that executed the foregoing instrument,and acknowledged the said instrument to be the free and voluntary act and deed of said City,for the uses and purposes therein mentioned,and on oath stated that s/he is authorized to execute the said instrument. IN WITNESS WHEREOF,I have hereunto s ,my hand and official seal the day and year first above written. S5 ! � , �' Y NO Y PUBLIC in and i�j the S� te of Washington,residing at `�e..r�. My appointment expires �I a�1 a�►� Print Name �r,�n�rr� � V�`(��..�o� DWT 2236882v1 0032695-000004 Page 4 FORM 03 0008/bh/ . , a . � i EXHIBIT"A" : I SANITARY SEWER EASEMENT ��. LEGAL DESCRIPTION I A sanirary scwer easement ovez xhe following descubed property: Thac pomon of C;c,v enr Lor S in Secrinn 29,T��wnship 24 Nord,,Ran�5 F'.asc,W-M_ , and shocelands adjouung lying westerly of the blorchem Pacific Railzoa3 Righr of Way and �� southerly of a line desaibed as follo�vs: �., B� at�he Quartcr Comcr cm the south linc oE said Section 29;thence ' Nocch 89`58'3G'West:along the Suurh line.of..aid T.ot S,a distance nf 1,113.01 feet co�he westerly line of said Northem PaciSe Rnilcoad Aighe oFWay;rhence No:th 29�44'S4"East, � 849.G2 feec abng stid Rig6t oF Way line ro a pouit h�einifrei nefeued co as Poinc A;chence . coatmussig Noxth 79`44'S4"East,200.01 feet to the'1RUE POIN"1'OF BEGINNING of the line!heran desc�bed;then<e South 56'26'S0"West,222.32 feet co a point whic6 bca=s �.. Notth 5'1�24'SG"Wesr,tOU.07 f�Erom said Voinc A;fience North 59^24'S6"We.vc m rhe � :nnec Hubor Len-and rhe end oF said ine descnpdon; � Also dint poxnon of said Govemment L.ot 5 lying sourheastexly oE Lake Waslaington Boutevacd,westerly of Secondary SUte Highwxp N�unber 2.�1 and northwe9cedy of the Right oEWay oFPublic Statc Highway Numbec 1 as esmblished by dce<i mcorded under:ludiai's Fde No.5687408,concaininc�•37.7 acres more oc less(accunry to one a¢e)of which 12.8 , acres aze underwatei s6ocelands. Said easement txing descubes as follows: Commmung at the mosx northeastecly comex of rhe above described property;chencc along '� � the westerly maxgin of stid Railroad n�.hc-of-way South 29'44'S4^Wesc,102.11 Eut to�he '�. "1'RLiE POIlV'L'OF BEGSNNING;thence leaving said right-oE-way margin LVorth ' j GO"15'W"Wnst,42.OU feet;theuce South 29'44'S4"Wcsq 55.00;chence Sourh 60�7 SOG" � E�st,42.00 feet to sai3 cight-of-way macgin;thenc<:ilong said nght-of-w�ay mxrqin Nnrth 29`44'S4"East,55.00 feet co the TRUE POP.�iT OF BEGINNING. ( Contuning an ama of 2,310 squace feeq more or Icss. - �� ^��j�y�, � �, Basis of Bearing:Deed recocded undei Audi[oc File �^'� � ` I 'i No.7507160536,Raoxds of King Councy,Washinqton. �. � � I � ' � .i \ N�� \ . �_ �s�s nm oR '��.. 1 oE2 DWT 2236882v1 0032695-000004 Page 5 FORM 03 0008/bh/ ., s , . , . , • . . / ' LINE TABLE t � LINE BEARING DISTANCE � Polnt of ; L1 S 29'4?'54" W 102.11 Commencment �.. L2 N 60'15'O6" W 42.00 ��. �-3 5 29'44'5a" W 55.00 ', ^� L4 S 60'15'O6" E 42.06 �0� % I LS N 29'44'S4" E 55.00 g � Sy6�',�S`L / i ti2 /� S�. /- <2 � / ^� \\ /'' � . T?OB / s� ' ' � / �� / ". �4 � i � PROPOSED �/ yaP 1 SANITARY SEWER � / �i i EASEMENT/ O / ; /�^� �� / / / � � /o.°j' �' / o �i C / � /^ �¢ / / � / � � � � � , �. . � . .� SOUTH LINE GOV'T �OT S, SFC29,/ ' T.24N., R.S�_. W.M. / I / I / / / II ss o �u sv SC11E — .N:EET �, November z6, 200� Quendall Terminals ; Deeyned �aw� WC� ��/`'� RENTON, 'vVASNING?ON i RLS 34788 ' -.,'!�ecked By � .`ote . . Pro�xt No, iarso xe w��nr;.�.s:v�oo �Gkl'1�t71 I H �7aa'(167 ' �a�.�e�aean BAXTER LIFT STATION �_^b I � � f�� ,_% SANITARY SEWER EASEMENT �Oet No2 OF 2 � i DWT 2236882v1 0032695-000004 Page 6 FORM 03 0008/bh/ , , , . . . , . , . , � , . _ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �o��=io�o vy�r�:�yF��a�—��axY�tivo-�e�-�—��- �—,�C�Y:c:t>.c:b':.�.,e:C-.-..,c:C�:.-�,:cv^.ev^.c�f��,� State of California County of ��✓� �� On �'�j�� before me, G/ � �++ ��d' ��jL- , Date ere nsert Name and Title f the Officer personally appeared �t��4►� �G��+�-�. Name(s)of Signer(s) , who proved to me on the basis of satisfactory evidence to be the person(�) whose name(�) is/a�e subscribed to the within instrument and acknowledged to me that =i=�=- qe/she/t�yr executed the same in h�hs/her/t�rir authorized LORI J STUMPF capacity(i�j, and that by-iris/her/t�r signature(e) on the Commfssfon# 1438054 instrument the person(a), or the entity upon behalf of � �i Notory PubNc•Cc�liiomia � �, � $an MQ}eO C�-,�,,,�, which the person(�e) acted, executed the instrument. MyComm.Expires Gec 2�.2008 I certify under PENALTY OF PERJURY under the laws LORI J.STUMPf of the State of California that the foregoing paragraph is Commission�1538054 � true and correct. � -� Notory PubNc-CalPtornio San Mafeo County MyComm.E�Mes�ec 2a, W ha d an o i � I seal. Signatu Place Notary Seal Above re tary Public OPTIONAL Though the information below is not required by law, it may prove valuable the documen and could prevent iraudulent removal and reattachment of this form to another document. Description of Attached Document I Title or Type of Document: �G C�i 't-G✓4 �� v` `1-� 1 I �-Y �-��e✓�- �" ' Document Date: 1�3 1 -t� Number of Pages: l� Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: �-IPA�v'��a ��L�— Signer's Name: ❑ Individual —� �r��c(o..t- ❑ Individual I C�`-Corporate Officer—Title(s): C � ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact . • '. ❑Attorney in Fact ' ' i ❑ Trustee Top of thumb here �Trustee Top of thumb here , ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: OO 2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder.Call Toll-Free 1-800-876-6827 __ ..._,., _ _ .i,� J