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Home My WebLink AboutE 20120530001617 R Y � ' �HICAGd TITLE INS. CO /� �� .�_..�3� 7� l� WHEN��o�ED RETU�To: 20120530001617 CHICAGO TITLE EAS 71.00 PAGE-001 OF 010 City of Renton KINGOCOUNTY15WA5 1055 S. Grady Way Renton, WA 98057 Attn: City Clerk i��,�<� ��,��„-� ,•,, B�f3i��f.,:/. 3i':!! i «i . r . ,�. ..� ��,. °„fl.F��3^..G7dfi Ci�Vi�',�, � wu�>`.�:1�I DOCUMENT TITLE(S) PERMANENT NONEXCLUSIVE EASEMENT REFERENCE: GRANTOR: UNITED STATES POSTAL SERVICE GRANTEE: CITY OF RENTON ABBREVIATED LEGAL DESCRIPTION: Ptn of Lot B, C/Renton LLA #99075, 19990623900005. ❑Complete legal description on page of document ASSESSOR'S PROPERTY TAX PARCEL ACCOUNT NUMBER(S): Ptn of 518210-0031 ❑ (Check if applicable and sign be[ow) 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 part of the text of the original document. Signature This cover sheet is for the County Recorder's indexing purposes only. The Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. : ; PERMANENT NONEXCLUSIVE EASEMENT "['HIS PERMANENT NONEXCLUSIVE EASEMENT(the "Easement") is dated as of__��, 20 \L,.by and between the United States Postal Service, an independent establishment of the Executive Branch of the United States Government (39 U.S.C. ,��' 201) ("Grantor or Qwner"), and Thc City of Renton, a Washington municipal corporation, whose address is 1055 South Grady Way, Renton, Washington ("Grantee or City"). RECITALS A. Grantor is the sole fee simple owner of certain real property(the "Grantor's Parcel") commonly known as the Highlands Main Office and legally described in Exhibit A, attached hereto and incorporated herein. B. The portion of Grantor's Parcel that is the subject of this Easement ("Easement Area") is legally described in Exhibit B attached hereto and incorporated herein. C Grantor and Grantee desire to set forth below thcir respective rights and obligations for an Easement on Grantor's Parcel. AGREEMENTS For and in consideration of mutual benefits, and the mutual agreements that foilow, Grantor and Grantee a�,�ree as follows: 1. Grantor hereby grants and conveys to Grantee, its successors, and assigns, a perpetual non-exclusive Eascment over, under, along, across, and through the Easement Area, for the purpose of constructing, reconstructing, installing, repairing, replacing and ', maintaining a public sidewalk, traffic signal and supporting equipment and facilities, utilities and utility pipelines, inc(uding, but not limited to, electrical, cable, water, natural gas, sewer and stonn drainage lines, further described in Exhibit C("Scope of Work — Pennanent Easement") at the location described in Exhibit B; 2. Grantor further conveys to Grantee with the Easement the right of ingress • and egress to and from the Easement Area during all periods of maintenance, � reinforcement, repair and removal over and across Grantor's property with the right to I, clear and keep cleared any plantings or similar obstructions as may be necessary in order �� to fi�lfill the Easement purpose as stated in Paragraph 1 above. Grantee shall compensate , Grantor for any damage to the Property caused by the exercise of such right of access by ' Grantee. . I, 3. Grantee shall provide Grantor with a copy of the insurance policy of the independent contractors performing «�ork for the Grantee demonstrating adec�uate T 1 insurance for personal injury and property da►nage that may occur on Owner's premises with the Grantee named as an additional insured. 4. The Parties agree that Grantee, its successors and assigns shall be responsible for maintenance and repair of the Easement Area, which includes but is not limited to Grantee's equipment and facilities, and any and all costs related thereto. Such maintenance and repairs shall include but are not liinited to repair, snow removal, landscaping, grading, paving and removal of all trash and debris caused by Grantee's exercise of its rights under this Easement. 5. The Parties a�,�ree that the Grantee shall not use the Easement in a rnanner that unreaso►iably interferes with use by the Grantar. 6. The Grantee, by acceptance of this Easement, agrees for and on bellalf of itself; its agents, servants, employees, invitees, and contractors who may at anytime use, occupy, visit, or maintain said Easement herein created that the Grantor, its successors and assigns, shail not be responsible for damage or loss to property, injuries, or death which may arise from or be incident to the use and occupation of the Easement as granted herein to Grantee, its agents, servants, employees, invitees, and contractors due to any negligent acts or omissions or intentional acts or misconduct of Grantee or Grantee's agents, servants, employees, invitees or contractors. 7. The Grantee, by acceptance of this Easement, agrees to defend, indemnify and hold the Grantor, its succcssors, and assigns hannless against any and all claims, demands, damagcs, costs, expenses, and legal fees for any loss, injury, death, or damage to persons or property which at any time is suffered or sustained by Grantor, its employees, the public, or by any person whosoever may at any time be using, occupying, visiting, or maintaining the property that is the subject of said Easement, or be on or about the property that is the subject of said Easement, when such loss, injury, death, or damage is asserted to have been caused by any negligent act ar omission or intentional misconduct of the Grantee or its agents, servants, employees, invitees, or contractors. In case of any action or proceeding brought against the Grantor, by reason of such a claim, upon notice from the Grantor, Grantee covenants to defend such action or proceeding. The Grantor shall not be liable and the Grantee waives and releases the Grantor from all claims for damage to persons or property sustaincd by the Grantee or its e�nployees, agents, servants, invitees, contractors, or custamers resulting by reason of the use ofi the Easement. Nothing herein shall be construed that Grantor shall be held harmless or indemnified by Grantee for Grantor's liability pursuant to the Federal Tort Claims Act. 8. Grantor reserves the right to usc the Easement Area for any purpose not inconsistent with the rights herein granted. Grantee agrees throughout the duration of this Easement to provide the Grantor, its employees, customers, and the public with continual and uninterrupted access to the Postal Facility. In the event Grantee fails to provide continual and uninterrupted access to the Postal Facility, the Grantor has the option of terminating this Easement by providing written notice to the Grantee that the Easement is tenninated at no cost to the Grantor. Upon receipt of said notice, Grantee has five (5) business days to remedy the situation. In the event Grantee fails to provide access to the Postal Facility within the 5 days, said notice of tcnnination shall become final and the Easement is tenninated. 9. Upon ternlination of the Easement, Grantee shall restore any affected portion of the property ro the condition it existed prior to Grantee's access. 10. Any claim, controversy or dispute arising out of this Agreement shall be governed by applicable federal law. 11. The Grantor does not warranty that the Easement area is suitable for the purpose of installation of said utility and Grantee hereby waives any express or implied warranty on the part of Grantor. Grantor has no knowledge of subsurface conditions and makes no representations as to soil types, existence of'underground utilities, or any other latent conditions that may impact Grantee's use and enjoyment of said Easement. This easement shall run with the land described herein, and sha(1 be binding upon the parties, their heirs, successors in interest and assibns. Grantors covenant that they are the lawfui owners of the above properties and that they have a good and lawfiil right to execute this agree►nent. IN WITNESS WHEREOF, the parties hereto have executed this Eas�;ment �-� day of �fY��_, 20 1y as shown on page l of this document. Grantor: United St � o ice �� By: , 1 t 1 STATE OF�/cST• ��> � ) ss COUNTY OF_ ) On this� day of� , 20C�''before me personally appeared L��il! to me known to be the _�� of t� at executed the witl�in instrument, and acknowledged said instrument ta be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein tnentioneci, and each on oath stated that he/she was authorized to execute said instrument. � ry', � 1►��• u 5 � -------- ��- G�. _r�'f�""/t� ... ... ��r No�rARY �uat.►c � I�1v commission cx it�,t�i�. / .30/d : �, : COI��fS� � �' �'•'� --¢s-- — • EX►�� : ��'1'•. t/!�/2p1� . . ,�., ,: ; � ••. ,,. ��''�� OF C4�'� ��''��i�� - , Grantee: � By: � �� U r y� ' �'' , � pw ,d�,,,,,,- . STATE OF vv �S�^ r10��'y� ) ) ss COUNTY OF Ki '� ) On this i"`a day of M , 20�y, personally appeared before me _ �,-� '�Y��W� �1��-j�►,��,r-w�-a.� , who being by me duly sworn, did say tha e/ he�+�ese�ttr, and acknowledged to me that, acting under a delegation of authority duly given and evidenced by law and present�'-��n effect,he/she executed said instrument as the act and deed of T►�c�- �:��( d� .� �.,, w+��-"�`for the purposes therein m�ntioned. rJ°''�a��A�•'" _�\, � `��y��✓�pN EXO�'9 �—.. ��,,??gy .��y 9�`N:r ? OT RY P BLIC � V a o��' ,s �.,'lV.�,y�`�1��4- `�°�w : `" P�g�,�G 1�IbQc�mmission expires: � a 1 ` '•. ��;� C?`�� ;�.��r • � �S'),'•. 8-2, ;;,:� `�. •�iiii'�� =.�9T� �,� �a��t► ��`�;.r�+✓.r�/�f�f} Parametrix EXHlBIT A TAX PARCEL NO. 51821Q0031 PROJECT PARCEL 20 DESCRIPTION A PORTION OF THE MARTlN'S ACRE TRqCT5 (AN UNRECORDED PIAT) LYING WITHIN THE NORTHWEST QUARTER OF TNE NORTHWEST QURRTER OF SECTION 15, TOWNSHIP 23 NOR7H, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, iN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON, DESCRIBED AS FOLLOWS: LOT B OF CITY OF RENTON L(3T LINE ADJUSTMENT MO. LUA99075LLA, RECORDEO UNDER RECORDING NUMBER 199906239Q0005 RECORDS OF K1NG COUNTY, WASHINGTON. CONTAINWG 3.222 ACRES OR 140,330 SaUARE FEET AS DEFINED IN SAID LOT IINE ADJUSTMENT. �3a �� ,,, t�t(3 kr��+``' '4'.` `' �� t�, Gz q � � , i :��ss �c'� ,�ti1s��'� . . t.r, " __. �;,,°�At.�.�s�s I-IZ-11.- r � Parametrix EXNIBIT B TAX PARCEL NO. 5182100031 PROJECT PARCEL 20 EASEMENT DESCRIPTION TNE NCJRTH 16.00 FEET OF LOT B �F GITY OF RENTON LOi' LINE ADJUSTh�ENT NO. LUA99075LLA, RECORDED UNDER RECORDING NUMBER 19990623900005 RECORDS OF KING COUNTY, WASHWG70N CONTAINING 4,768 SQUARE FEET, MORE OR LESS. , ,rXXx��S�S.�SS. ,t�'� {ItOl�r,�,�.� ..�'' C':.....�lA.SfJ'I{:l�` � � j, __, l,tr. 1� ' r� ( �J .'f sy /`"7,.`• t' r( ci f ' �Y �� ti L � � �'113,'i ��.:+�.�, ''..f'�;►Sll:w{,:., ,�t j �:. ................. �. �vRt.t,AN�� 1_,).��_""". ` �sss�sss.�.�xzr•rxzxar t o12 �M��a a� � ` z s�t,•,�s" j ` ��Sei',�a`��`� �1----- j t�z' /� � t � � � ��t� ; �� `��7 �n��".6�� 034��,� E �'�'F �r ! �� iu•� � ! i i � NE. 4TH STREET � sea°o;�cs-€ ___ r:oo`�7�as��E iF.co� N v `�� N88°03'OB'W 288,04' soo°ara��w �s.oa� _____ � M88`03'OB"W 298 00' j � i �:�_. e�f�7(� i .,4`,:�y' . j �4" � ' l i)1 H, LOl LIf�;E A�JUSTI��.i � ` REC. �19990fi239400G5 ; ytz�r�-rr�»m-�nsz , ,Iti,--IR01y r 1'j P� . �. �l �� o��rve..,��- �i i fQ ��' '�' �; q �:�^ .�, Y; � � � � :�� LEGEND � ��`G1ST��4�� SiDEWALK, TRAFFlC S�NAL, ANO UIH.PIl' EAS��E�^tt j��'Al, I;At�I��,�`� _ _ PARCEI i�if P.0.6=POtNi Q�� B�CN:N-NG _____- a;`Z�`'``t��^�'-'—'�l'�=:?"�''�� EXiSTiNG RON P.O.C.=POINT QF LQMMENC�U�E�? �'E8 S.F. k!ORE OR LESS AREA Par�metrlx �<„ _u., , ,.. � . ,� _,. ,,,t. <.�, EXHIBIT B � TPN 5182100031 PROJECT PARCEI 20 ° N �° PAGE 2 OF 2 EASEMENT L__�L.�: 1� =eo� City of Renton(CITY)—NE 3rd/4th Street Corridor Improvements Project USPS Renton Hightands Station EXHIBIT C SGOPE OF WORK- PERMANENT EASEMENT . 1. Construct new traffic signal equipment for the proposed CtTY traHic signal at the intersection of NE 4th Street and Whitman Court NE. 2. Modify existing CITY storm drainage system. 3. Remove and reconstruct existing CITY sidewalks and curb ramps to accommodate the proposed traffic signal improvements. 4. Remove existing customer parking lot driveway exit and reconstruct with planting strip and sidewalk. ClTY shall no�begin removal of existing customer parking loi driveway uniil porking loi has been reconfigu�ed for fwo-way operaiion nnd existing driveway on Whitman Court NE has been wide»ed. 5. Remove existing mail drop-off lane(snorkel lane)driveway entrance and reconstr�ct with planting strip and sidewalk. CITY shall noi 6egin removal of exrsting snorkel tane uniil new snorkel lane!s operatrvnal. 6. Remove existing snorkel lane exit/employee-only parking lot driveway entrance and reconstruct with rev'rsed configu�ation to allow only postal trucks to enter from eastbound direction on NE 4th Street. t1TY sha/l noi begin reconsrruction of existing drlveway entronce f�om NE 4`h Sheet to the employee-only parking/o[unti!the new snorkel/ane is operational. Revise existing signing according to the revised configuration. CITY shall provide temporary 5igning as necessary during ihe tronsition between ihe exfsting and new ma/l drop-off focotions. 7. Upgrade existing roadway illumination system. 8. Restore existing USPS irrigation systems disturbed and/or modified by construction of the CITY project. Wiih the osslstance of USPS staff, the tlTY wi11 fest and document the function of existing irrlgation system(sj prior to constructfon. Except os specifrtally nofed oiherwise in the plans, the CITY shalf restore exis[ing system(s)to match existing functions. tVote: Items 2 through 7 involve modificatian of existing public utility and/or roadway-related facilities that currently exist within[he proposed permanent easement area on the Highlands Statio�site.