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HomeMy WebLinkAboutCommittee of the Whole - 08 Nov 2021 - Agenda - Pdf CITY OF RENTON AGENDA - Committee of the Whole Meeting 6:00 PM - Monday, November 8, 2021 Videoconference 1. RAINIER AVENUE SOUTH AND RAINIER AVENUE NORTH CORRIDOR IMPROVEMENTS – PHASE 4 FROM SOUTH 3RD STREET TO NW 3RD PLACE – CONDEMNATION ORDINANCE a) AB - 2980 Public Works Transportation Systems Division recommends adoption of an ordinance authorizing the initiation of condemnation proceedings for a portion of certain properties on Rainier Ave S and Rainier Ave N, between S 3rd St and NW 3rd Pl, as described in Exhibit A of the attached ordinance, on November 15, 2021. b) Presentation Currently, due to the spread of COVID-19, all regularly-scheduled committee meetings will be held as necessary via video-conference. City Hall is closed to the public. If you would like to attend this week's meeting remotely, you can do so by going to https://us02web.zoom.us/j/86753290028?pwd=M2pOc09HWWNrY05uVnlIWnpGS1E4UT09 Zoom Meeting ID: 867 5329 0028, Passcode: 881839 You can call through Zoom at (253) 215-8782 and use the Meeting ID. AB - 2980 City Council Regular Meeting - 01 Nov 2021 SUBJECT/TITLE: Rainier Avenue South Corridor Improvements – Phase 4 from South 3rd Street to NW 3rd Place – Condemnation Ordinance RECOMMENDED ACTION: Refer to Committee of the Whole DEPARTMENT: Public Works Transportation Systems Division STAFF CONTACT: Michelle Faltaous, Project Manager EXT.: 7301 FISCAL IMPACT SUMMARY: Funding for right of way in the amount of $4,300,000 is available from the approved Rainier Avenue South Corridor Improvements – Phase 4 Project. The account number is 317.122195.015.595.20.63.000. There is sufficient funding in the budget to cover the property acquisitions. SUMMARY OF ACTION: The City has been negotiating to acquire properties necessary for the subject project for nearly one year. Of the 35 separate parcels involved, we have been successful in obtaining 5 signed agreements and 4 verbal agreements, and they currently are in the process of closure through Escrow. We are continuing to try and negotiate the terms of the acquisitions with the remaining parcel owners but feel that property owners have no sense of urgency. In order for the project to go forward within the timeframes outlined in our grants, we will need to acquire the necessary property segments by spring 2022. If we do not meet those deadlines, then the city is at risk of losing millions of dollars in grants that are funding this project. Therefore, it is necessary to initiate condemnation proceedings in case continued negotiations with property owners are unsuccessful. The proposed ordinance authorizes condemnation of the properties needed for the project, which is a prerequisite for the City filing a condemnation lawsuit. It is the City’s intent that negotiations will continue with property owners even if a lawsuit is filed. Pursuant to RCW 8.12.005 and 8.25.290, the City provided notifications to property owners affected by the proposed condemnation ordinance. The notifications advised the owners that first reading of the ordinance would take place on November 8 and final action on the ordinance is planned for November 15. As stated above, the City will continue to negotiate with property owners in orde r to reach an agreement. However, initiation of condemnation is practically necessary at this point in the project in order to acquire the properties as required by the grant funding for the project in case agreements cannot be reached. EXHIBITS: A. Ordinance STAFF RECOMMENDATION: AGENDA ITEM #1. a) Adopt the proposed ordinance authorizing the initiation of condemnation proceedings for a portion of certain properties on Rainer Avenue South and Rainier Avenue North between South 3rd Street and Northwest 3rd Place, as described in Exhibit A of the attached ordinance, on November 15, 2021. AGENDA ITEM #1. a) 1  CITY OF RENTON, WASHINGTON    ORDINANCE NO. ________    AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, PROVIDING FOR THE  ACQUISITION BY EMINENT DOMAIN OF PROPERTY LOCATED NEAR OR  ADJACENT TO RAINER AVENUE SOUTH AND RAINIER AVENUE NORTH, RENTON,  WASHINGTON, FOR ROAD WAY IMPROVEMENTS, PROVIDING FOR  SEVERABILITY,  AND ESTABLISHING AN EFFECTIVE DATE.     WHEREAS, the City of Renton is a non‐charter code city as provided in title 35A RCW,  incorporated under the laws of the State of Washington, and authorized to acquire title to real  property for public purposes pursuant to chapter 8.12 RCW; and   WHEREAS, in the interest of improving Rainier Avenue South and Rainier Avenue North   within the City, the City of Renton identified a street improvement project (“Project”) in  compliance with goals announced in the City's Comprehensive Plan; and   WHEREAS, the Project involves improvements to Rainier Avenue South and Rainier  Avenue North to serve the public; and  WHEREAS, the City determined that it must acquire certain property and/or property  rights for the Project; and  WHEREAS, for this Project, the City determined that the acquisition of certain rights and  interests from the real properties identified in Exhibit A attached hereto all located within the  City of Renton, Washington, and identified as King County Tax Parcel Nos. 182305‐9063; 182305‐ 9070; 182305‐9208; 182305‐9067; 182305‐9171; 182305‐9112; 182305‐9125; 182305‐9077;  182305‐9080; 722950‐0063; 380600‐0110; 182305‐9245; 000720‐0193; 072305‐9007; 182305‐ 9079; 182305‐9213; 182305‐9273; 182305‐9013; 182305‐9073; 182305‐9090; 182305‐9074;  182305‐9082; 182305‐9011; 182305‐9163; 420440‐0261; 420440‐0225; 420440‐0210; 182305‐ AGENDA ITEM #1. a) 2  ORDINANCE NO. ________  9071;  000720‐0199;  000720‐0004;  182305‐9087;  182305‐9234;  and  182305‐9227  and  legally  described in Exhibit A, attached hereto and incorporated by reference ("Parcels”), is necessary to  accomplish and construct the Project, and those rights and interests are hereinafter referred to  as the “Real Property Take”; and   WHEREAS, the City appraised the fair market value of the Real Property Take; and   WHEREAS,  the  City  negotiated  in  good  faith  with  the  owners  of  the  Parcels  for  the  voluntary acquisition of the Real Property Take; and   WHEREAS, the City to date has been unable to reach a negotiated voluntary resolution  with said owners; and  WHEREAS, while this Ordinance authorizes condemnation, the City Council does hereby  express its intent that negotiations continue regarding the Real Property Take; and   WHEREAS, the City complied with the notice requirements set forth in RCW 8.25.290 by  providing notice to every property owner of record as indicated on the tax rolls of the county to  the address provided on such tax rolls, for each property potentially subject to condemnation, at  least fifteen days before the final action adopting this Ordinance, and through publication once  per  week  for  two  weeks,  prior  to  the  passage  of  a  Motion  authorizing  condemnation  and  subsequent enactment of this Ordinance; and   WHEREAS, payment of just compensation and costs of litigation should be made from the  City's general fund or from such other monies that the City may have available or attain for the  Real Property Take;  NOW,  THEREFORE,  THE  CITY  COUNCIL  OF  THE  CITY  OF  RENTON,  WASHINGTON,  DO  ORDAIN AS FOLLOWS:  AGENDA ITEM #1. a) ORDINANCE NO. ________  3   SECTION I.  Incorporation of Recitals.   The recitals set forth above are hereby adopted and  incorporated herein as if set forth in full.    SECTION II.  Public Use and Necessity Declared.  The City Council of the City of Renton  finds and declares that:  i) the Project for roadway and utility purposes is a public use; ii) the  acquisition of the rights and interests in the Real Property Take legally described and depicted in  Exhibit A is necessary for the construction of the Project; and iii) the acquisition of the Real  Property Take and the construction of the Project are in the best interests of the citizens residing  within the City of Renton.     SECTION III.  Acquisition.  The City Council of the City of Renton authorizes the acquisition,  condemnation and taking of the Real Property Take as legally described and depicted on  Exhibit A.  The City Council authorizes the acquisition of the Real Property Take under threat of  condemnation or by initiation of legal action for condemnation to acquire the Real Property Take  as necessary for the commencement and completion of the Project, subject to the making or  paying of just compensation to the owners thereof in the manner provided by law.   SECTION IV.  Reservation of Rights.  Nothing in this Ordinance limits the City in its  identification and acquisition of property and property rights necessary for the Project, including  for purposes of settlement.  The City reserves the right to acquire additional or different  properties or property rights as needed for the Project.   SECTION V.  Authority of Mayor.  The Mayor, by and through his designees, is authorized  and directed to continue negotiations for the acquisition of property and property rights and to  prosecute actions and proceedings in the manner provided by law to condemn, take, damage  and appropriate the Real Property Take necessary to carry out the provisions of this Ordinance.   AGENDA ITEM #1. a) ORDINANCE NO. ________  4  In conducting said negotiations and condemnation proceedings, the Renton City Attorney, by and  through his designees, is hereby authorized to enter into stipulations for the Real Property Take.   Settlement of any actions by the Mayor shall be made only upon the recommendation of legal  counsel.    SECTION VI.  Compensation.  The compensation to be paid to the owners of the Real  Property Take acquired for the Project shall be paid from the City's General Fund or from such  other monies that the City may have available or attain for the acquisition.    SECTION VII.  Severability. If any section, subsection, sentence, clause, phrase or word  of this Ordinance should be held to be invalid or unconstitutional by a court of competent  jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of  any other section, subsection, sentence, clause, phrase or word of this Ordinance.  SECTION VIII.  Effective Date. This Ordinance shall be in full force and effect five (5)  days after publication of a summary of this Ordinance in the City’s official newspaper.  The  summary shall consist of this Ordinance’s title.  PASSED BY THE CITY COUNCIL this ______ day of _____________________, 2021.        ______________________________  Jason A. Seth, City Clerk      APPROVED BY THE MAYOR this ______ day of _____________________, 2021.        ______________________________   Armondo Pavone, Mayor           AGENDA ITEM #1. a) ORDINANCE NO. ________  5          Approved as to form:      ______________________________  Shane Moloney, City Attorney    ORD.2190:10/20/21  AGENDA ITEM #1. a) FG:54391457.1 EXHIBIT A  Tax Parcel # Owner Name Situs Address  182305‐9063 VADER INVESTMENTS LLC 250 Rainier Ave S, Renton, WA   182305‐9070 RENTON TT LLC  112 Rainier Ave S, Renton, WA  182305‐9208 CITY OF SEATTLE    Rainier Ave S, Renton, WA  182305‐9067 RENTON 2020 LLC    144 Rainier Ave S, Renton, WA  182305‐9171 PARAGON DENTAL ARTS LLC 134 Rainier Ave S, Renton, WA  182305‐9112 SIGROHA INVESTMENTS II LLC 128 Rainier Ave S, Renton, WA  182305‐9125 ROBERT E AND PRISCILLA R COX 124 Rainier Ave S, Renton, WA   182305‐9077 TMJD INC  110 Rainier Ave S, Renton, WA  182305‐9080 &  722950‐0063  PETER H WILSON    104 Rainier Ave S, Renton, WA  380600‐0110 &  722950‐0030  BARMAR  (Mary Gray)  74 Rainier Ave S, Renton WA   100 Rainier Ave S, Renton, WA   182305‐9245  000720‐0193  BURKHEIMER FAMILY LLC 68 Rainier Ave S, Renton, WA  072305‐9007 CITY OF RENTON 616 Perimeter Road W, Renton, WA  182305‐9079 WALTRUST PROPERTIES INC    275 Rainier Ave S, Renton, WA  182305‐9213 RENTON PROPERTY VENTURES    265 Rainier Ave S, Renton, WA  182305‐9273 RENTON PROPERTY VENTURES    261 Rainier Ave S, Renton, WA  182305‐9013  182305‐9073  J & J WEST BROTHERS LLC    225 Rainier Ave S, Renton, WA  182305‐9090 TWENTY X LLC    2xx Rainier Ave S, Renton, WA  182305‐9074 SLE ENTERPRISES LLC    205 Rainier Ave S, Renton, WA  182305‐9082 AUTOZONE DEVELOPMENT CORP    175 Rainier Ave S, Renton, WA  182305‐9011 KRW INVESTMENT HOLDINGS LLC    151 Rainier Ave S, Renton, WA  182305‐9163 YUBING LIANG‐MAYTON 106 SW Victoria St, Renton, WA  420440‐0261 KRANZ RAINIER AVENUE PROPERTIES, LLC    271 Rainier Ave N, Renton, WA  420440‐0225 PRECISION MOTORS LLC    313 Rainier Ave N, Renton, WA  420440‐0210 FLORINEL AND ANTONELA POLOTANU 333 Rainier Ave N, Renton, WA  182305‐9071,  000720‐0199,  &  000720‐0004  SAFEWAY INC./AKA ACI REAL ESTATE SPE  138, LLC  200 S 3rd ST, Renton, WA  182305‐9087 CARNEY INVESTMENT GROUP 230 Rainier Ave S, Renton, WA  182305‐9234 MCDONALDS CORPORATION 59 Rainier Ave S, Renton, WA  182305‐9227 CORNER INVESTMENT CO 73 Rainier Ave S, Renton, WA  AGENDA ITEM #1. a) Parcel No. 1823059063 1 After Recording, Return to: City of Renton City Clerk’s Office 1055 S. Grady Way Renton, WA 98057 STATUTORY WARRANTY DEED Grantors: Vader Investments, LLC, a Washington limited liability company Grantee: City of Renton, a municipal corporation of the State of Washington Abbreviated Legal Description: Ptn of Lot 1, LLA# LUA-99-089-LLA Rec. No. 20000111900006 Additional Legal(s) Exhibit A Assessor’s Tax Parcel ID#: 1823059063 Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project THE GRANTOR(S), Vader Investments, LLC, a Washington limited liability company, for and in consideration of sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, hereby convey(s) and warrant(s) to the City of Renton, a Washington municipal corporation of the State of Washington, its successors and assigns, for the use of the public, the real property described and depicted in attached Exhibit A, situated in the City of Renton, in King County, Washington. Also, the Grantor requests the Assessor and Treasurer of said County to set over to the remainder of Tax Parcel No. 1823059063, the lien of all unpaid taxes, if any, affecting the real estate herein conveyed, as provided by RCW 84.60.070 AGENDA ITEM #1. a) Parcel No. 1823059063 2 DATED this day of , 2021. GRANTOR: Vader Investments, LLC By: ______________________________ (Corporation) STATE OF WASHINGTON } } SS. COUNTY OF KING } I certify that I know or have satisfactory evidence that ______________________ is the person who appeared before me, and said person acknowledged that she/he signed this instrument, on oath stated that she/he is authorized to execute the instrument and acknowledged it as the _______________________ of __________________________, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: Signature: Notary Public in and for the State of Washington Notary (print name): Residing at: ACCEPTED BY: CITY OF RENTON a Municipal Corporation of the State of Washington By: Date: AGENDA ITEM #1. a) EXHIBIT PARCEL NO. 182305-9063 RIGHT OF WAY ACQUISITION THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL ''A", DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL ''A," SAID CORNER ALSO BEING ON THE NORTH MARGIN OF SOUTH 3RD STREET THENCE NORTH 88 ° 38' 19" WEST ALONG SAID NORTH MARGIN, 103.96 FEET; THENCE NORTHWESTERLY ON A CURVE TO THE RIGHT WHOSE CENTER BEARS NORTH 01 ° 21' 41" EAST, 129.15 FEET, AN ARCE DISTANCE OF 120.46 FEET TO THE EASTERLY MARGIN OF RAINIER AVENUE SOUTH; THENCE NORTHERLY ALONG SAID EASTERLY MARGIN ON A CURVE TO THE RIGHT WHOSE CENTER BEARS NORTH 78 ° 35' 29" EAST, 771.17 FEET, AN ARC DISTANCE OF 140.42 FEET TO THE NORTHWEST CORNER OF SAID PARCEL ''A"; THENCE SOUTH 88 ° 17' 19" EAST ALONG THE NORTH LINE OF SAID PARCEL "A'', 19.59 FEET; THENCE SOUTHERLY ON A CURVE TO THE LEFT WHOSE CENTER BEARS NORTH 88 ° 11' 06" EAST, 676.50 FEET, AN ARC DISTANCE OF 131.79 FEET; THENCE NORTH 76 ° 56' 19" EAST, 7.00 FEET; THENCE SOUTHERLY ON A CURVE TO THE LEFT WHOSE CENTER BEARS NORTH 77 ° 01' 27" EAST, 669.50 FEET, AN ARC DISTANCE OF 17.04 FEET; THENCE SOUTH 49 ° 14' 45" EAST, 43.89 FEET; THENCE SOUTH 88 ° 38' 19" EAST, 141.00 FEET TO THE EAST LINE OF SAID PARCEL "A"; THENCE SOUTH 00 ° 10' 08" WEST ALONG SAID EAST LINE, 18.50 FEET TO THE POINT OF BEGINNING. CONTAINING 6,788 SQUARE FEET, MORE OR LESS. PARCEL ''A": (PER TITLE RESOURCES GUARANTY COMPANY ORDER NO. 40163780, DATED FEBRUARY 2, 2016) THAT PORTION OF THE H. H. TOBIN DONATION LAND CLAIM NO. 37 AND THAT PORTION OF GOVERNMENT LOTS 9 AND 10, AND THAT PORTION OF VACA TED LAKE A VENUE SOUTH PER CITY OF RENTON ORDINANCE NUMBER 4714 AS RECORDED UNDER RECORDING NUMBER 9804220125 AND AMENDED UNDER ORDINANCE NUMBER 4791 RECORDED UNDER RECORDING NUMBER 20000111001489, AND THAT PORTION OF TRACTS 13 AND 14, SECOND SUPPLEMENTAL MAPS OF RENTON SHORELANDS, ADJACENT TO SAID GOVERNMENT LOTS 9 AND 10, ALL SITUATED IN SECTION 18, TOWNSHIP 23 NORTH RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST MARGIN OF SHATTUCK A VENUE SOUTH (FORMERLY SHATTUCK STREET) AND THE NORTH MARGIN OF SOUTH 3RD STREET (FORMERLY 3RD AVENUE); THENCE NORTH 88 °40'50" WEST ALONG SAID NORTH MARGIN, A DISTANCE OF 686.22 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00 °07'37" EAST, A DISTANCE OF 189.91 FEET; 1 ROW.DOCX Page 1 of 2 :K.PG- rAcoMA· SEi\TTLE A AGENDA ITEM #1. a) AGENDA ITEM #1. a) I 40' ROW \ \ N.T.S. \ ;;/ ii Wt---- 19.59' / / SE 1/4, SEC. 18, T. 23 N., R. 5 E., W.M. ___ _J TAX LOT NUMBER 182305-9071 PROPERTY LINE TAX LOT NUMBER I CD 000720-0199 � RIGHT OF WAY AREA = 6788 S.F.± TAX LOT NUMBER 182305-9063 0 3: I") � w :z :::J �) a::: w, a::: a.. ___ N 88'38'19" W EXISTING RIGHT OF WAY <t_ --s 3RD ST '6-Z�-2/ DA TE: APRIL 16, 2020 Interdisciplinary Design 3131 Ell�ttAve 2502Jel!eraonAve Su!e400 Tacoma, WA98402 Seattle, WA 98121 (253)627-0720 (206) 286-1640 www.kpg.com EXHIBIT PARCEL 182305-9063 RIGHT OF WAY ACQUISITION FILE: 1.DWG A AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 5 ) Pages Parcel No. 182305-9063 Grantor(s): Vader Investments, LLC Grantee(s): City of Renton Legal Description: Ptn of Lot 1, LLA# LUA-99-089-LLA Rec. No. 20000111900006 Assessor’s Tax Parcel Number: 182305-9063 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between Vader Investments, LLC, a Washington limited liability company, (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, does hereby grant to the City, a 1,948 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit “A”, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 2 of ( 5 ) Pages Parcel No. 182305-9063 The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a)The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b)The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 5 ) Pages Parcel No. 182305-9063 Dated: , 20___ Grantor: Vader Investments, LLC By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 5 ) Pages Parcel No. 182305-9063 CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 5 ) Pages Parcel No. 182305-9063 AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Parcel No. 182305-9063 Page 1 of ( 6 ) Pages Grantor(s): Vader Investments, LLC Grantee(s): City of Renton Legal Description: Ptn of Lot 1, LLA# LUA-99-089-LLA Rec. No. 20000111900006 Assessor’s Tax Parcel Number: 182305-9063 Reference Number of Related Documents: N/A UTILITY/SLOPE EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project The Grantor(s), Vader Investments, LLC, a Washington limited liability company, for and in consideration of $10.00 and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant(s) and convey(s) unto the City of Renton, a municipal corporation, and its successors and assigns (the Grantee), a utility/slope easement, for the purposes described below, over, in, on, along, across, through, below and upon, the property legally described in Exhibit “A”, (the “Utility/Slope Easement”) and depicted in Exhibit “B”, which are attached hereto and incorporated by this reference. The Grantee and its agents, designees and/or assigns, shall have the right at such times as deemed necessary by Grantee, to enter upon, over, under and across the Utility/Slope Easement to inspect, construct, reconstruct, grade and slope, operate, use, maintain, repair, replace and enlarge the utilities contained within the easement area for all public purposes, including but not limited to, grade and slope, street lights, utilities (including without limitation water, sewer, storm water, electric, gas, telecommunications, cable and fiber optics, either owned or operated by Grantee or those utilities which provide service to Grantee or its citizens and are operated by permission of Grantee through franchise or permit), together with the right of ingress and egress thereto without prior institution of any suit or proceedings and without incurring any legal obligation or liability therefore. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/SLOPE EASEMENT Parcel No. 182305-9063 Page 2 of ( 6 ) Pages THIS EASEMENT is executed and delivered and said easement is granted upon the following conditions to wit: 1. Grantee, its agents and employees, assigns and successors shall, as soon as practicable, after installation of the utilities and all subsequent alterations and repairs thereto, restore all property to the Grantor to a neat and presentable condition. 2. Grantor shall not interfere in any manner with the easement rights granted to Grantee and the public in this Utility/Slope Easement. Without limitation, Grantor shall not (1) erect or maintain any buildings, structures, or improvements within the Utility/Slope Easement; (2) disturb the lateral or subjacent support of the utilities and other improvements and uses of the Utility/Slope Easement by Grantee, or undertake any form of construction or other activity that may disturb or damage the utilities, or other improvements or uses of the Utility/Slope Easement by Grantee; or (3) plant trees, shrubs, or other vegetation having deep root patterns that may cause damage to or interfere with the use of the utilities. 3. The rights granted herein shall not be construed to interfere with or restrict the Grantor, its heirs, executors, administrators, successors and assigns from the use of the Property outside of the Easement Area for the construction and maintenance of property improvements outside of the Easement Area. 4. This Utility/Slope Easement and the rights, obligations and covenants stated in this Utility/Slope Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Utility/Slope Easement shall be recorded with the King County Recorder’s Office. 5. It is understood and agreed that delivery of this Utility/Slope Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Renton unless and until approved hereon in writing by City of Renton. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/SLOPE EASEMENT Parcel No. 182305-9063 Page 3 of ( 6 ) Pages Dated: , 20___. Grantor: Vader Investments, LLC By _____________________________________ Its Accepted and Approved City of Renton By Its Date CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/SLOPE EASEMENT Parcel No. 182305-9063 Page 4 of ( 6 ) Pages AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/SLOPE EASEMENT Parcel No. 182305-9063 Page 5 of ( 6 ) Pages AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/SLOPE EASEMENT Parcel No. 182305-9063 Page 6 of ( 6 ) Pages AGENDA ITEM #1. a) Parcel No. 1823059070 1 After Recording, Return to: City of Renton City Clerk’s Office 1055 S. Grady Way Renton, WA 98057 STATUTORY WARRANTY DEED Grantors: Renton TT, LLC, a Washington Limited Liability Company Grantee: City of Renton, a municipal corporation of the State of Washington Abbreviated Legal Description: Ptn of Lot 1, LLA# LUA-01-108-LLA Rec. No 20011030900009 Additional Legal(s) Exhibit A Assessor’s Tax Parcel ID#: 1823059070 Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project THE GRANTOR(S), Renton TT, LLC, a Washington Limited Liability Company, for and in consideration of sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, hereby convey(s) and warrant(s) to the City of Renton, a Washington municipal corporation of the State of Washington, its successors and assigns, for the use of the public, the real property described in attached Exhibit A and depicted in attached Exhibit B, situated in the City of Renton, in King County, Washington. Also, the Grantor requests the Assessor and Treasurer of said County to set over to the remainder of Tax Parcel No. 1823059070, the lien of all unpaid taxes, if any, affecting the real estate herein conveyed, as provided by RCW 84.60.070. AGENDA ITEM #1. a) Parcel No. 1823059070 2 DATED this day of , 2021. GRANTOR(S): Renton TT, LLC By: ______________________________ (Corporation) STATE OF WASHINGTON } } SS. COUNTY OF KING } I certify that I know or have satisfactory evidence that ______________________ is the person who appeared before me, and said person acknowledged that she/he signed this instrument, on oath stated that she/he is authorized to execute the instrument and acknowledged it as the _______________________ of __________________________, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: Signature: Notary Public in and for the State of Washington Notary (print name): Residing at: ACCEPTED BY: CITY OF RENTON a Municipal Corporation of the State of Washington By: Date: AGENDA ITEM #1. a) EXHIBIT PARCEL NO. 182305-9070 RIGHT OF WAY ACQUISITION THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A" LYING WESTERLY OF A LINE THAT IS 59.00 FEET EASTERLY OF AND PARALLEL WITH THE CENTERLINE OF RAINIER AVENUE SOUTH. CONTAINING 2,462 SQUARE FEET, MORE OR LESS. PARCEL ''..4": (PER T/COR TITLE COMPANY ORDER NO. 70047223, DATED APRIL 26, 2016) LOT 1, CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA-01-108-LLA, RECORDED UNDER RECORDING NUMBER 20011030900009, IN KING COUNTY, WASHINGTON. 4 ROW.DOCX Page 1 of 1 :K.PG-TAcoMA. SEI\ TTLE A AGENDA ITEM #1. a) B AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 5 ) Pages Parcel No. 182305-9070 Grantor(s): Renton TT, LLC Grantee(s): City of Renton Legal Description: Ptn of Lot 1, LLA# LUA-01-108-LLA Rec. No 20011030900009 Assessor’s Tax Parcel Number: 182305-9070 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between Renton TT LLC, a Washington Limited Liability Company, (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, does hereby grant to the City, a 1,095 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit “A”, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 2 of ( 5 ) Pages Parcel No. 182305-9070 The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a)The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b)The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 5 ) Pages Parcel No. 182305-9070 Dated: , 20___ Grantor: Renton TT LLC By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 5 ) Pages Parcel No. 182305-9070 CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 5 ) Pages Parcel No. 182305-9070 PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Parcel No. 182305-9070 Page 1 of ( 6 ) Pages Grantor(s): Renton TT, LLC Grantee(s): City of Renton Legal Description: Ptn of Lot 1, LLA# LUA-01-108-LLA Rec. No 20011030900009 Assessor’s Tax Parcel Number: 182305-9070 Reference Number of Related Documents: N/A UTILITY/SLOPE EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project The Grantor(s), Renton TT LLC, a Washington Limited Liability Company, for and in consideration of $10.00 and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant(s) and convey(s) unto the City of Renton, a municipal corporation, and its successors and assigns (the Grantee), a utility/slope easement, for the purposes described below, over, in, on, along, across, through, below and upon, the property legally described in Exhibit “A”, (the “Utility/Slope Easement”) and depicted in Exhibit “B”, which are attached hereto and incorporated by this reference. The Grantee and its agents, designees and/or assigns, shall have the right at such times as deemed necessary by Grantee, to enter upon, over, under and across the Utility/Slope Easement to inspect, construct, reconstruct, grade and slope, operate, use, maintain, repair, replace and enlarge the utilities contained within the easement area for all public purposes, including but not limited to, grade and slope, street lights, utilities (including without limitation water, sewer, storm water, electric, gas, telecommunications, cable and fiber optics, either owned or operated by Grantee or those utilities which provide service to Grantee or its citizens and are operated by permission of Grantee through franchise or permit), together with the right of ingress and egress thereto without prior institution of any suit or proceedings and without incurring any legal obligation or liability therefore. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/SLOPE EASEMENT Parcel No. 182305-9070 Page 2 of ( 6 ) Pages THIS EASEMENT is executed and delivered and said easement is granted upon the following conditions to wit: 1. Grantee, its agents and employees, assigns and successors shall, as soon as practicable, after installation of the utilities and all subsequent alterations and repairs thereto, restore all property to the Grantor to a neat and presentable condition. 2. Grantor shall not interfere in any manner with the easement rights granted to Grantee and the public in this Utility/Slope Easement. Without limitation, Grantor shall not (1) erect or maintain any buildings, structures, or improvements within the Utility/Slope Easement; (2) disturb the lateral or subjacent support of the utilities and other improvements and uses of the Utility/Slope Easement by Grantee, or undertake any form of construction or other activity that may disturb or damage the utilities, or other improvements or uses of the Utility/Slope Easement by Grantee; or (3) plant trees, shrubs, or other vegetation having deep root patterns that may cause damage to or interfere with the use of the utilities. 3. The rights granted herein shall not be construed to interfere with or restrict the Grantor, its heirs, executors, administrators, successors and assigns from the use of the Property outside of the Easement Area for the construction and maintenance of property improvements outside of the Easement Area. 4. This Utility/Slope Easement and the rights, obligations and covenants stated in this Utility/Slope Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Utility/Slope Easement shall be recorded with the King County Recorder’s Office. 5. It is understood and agreed that delivery of this Utility/Slope Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Renton unless and until approved hereon in writing by City of Renton. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/SLOPE EASEMENT Parcel No. 182305-9070 Page 3 of ( 6 ) Pages Dated: , 20___. Grantor: Renton TT LLC By _____________________________________ Its Accepted and Approved City of Renton By Its Date AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/SLOPE EASEMENT Parcel No. 182305-9070 Page 4 of ( 6 ) Pages CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/SLOPE EASEMENT Parcel No. 182305-9070 Page 5 of ( 6 ) Pages AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/SLOPE EASEMENT Parcel No. 182305-9070 Page 6 of ( 6 ) Pages AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) '''''''' 3131 Elliott Ave Suite 400 Seattle, WA 98121 (206) 286-1640 2502 Jefferson Ave Tacoma, WA 98402 (253) 627-0720 www.kpg.com Interdisciplinary Design .. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 7 ) Pages Parcel No. 182305-9067 Grantor(s): Renton 2020, LLC Grantee(s): City of Renton Legal Description: Ptn of Gov Lot 4 SEC 18 T23N R5E WM Assessor’s Tax Parcel Number: 182305-9067 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between Renton 2020, LLC, a Colorado limited liability company, (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, does hereby grant to the City, a 2,063 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit “A”, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 2 of ( 5 ) Pages Parcel No. 182305-9067 The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a)The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b)The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 5 ) Pages Parcel No. 182305-9067 Dated: , 20___ Grantor: Renton 2020, LLC By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 5 ) Pages Parcel No. 182305-9067 CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 5 ) Pages Parcel No. 182305-9067 AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Parcel No. 182305-9067 Page 1 of ( 7 ) Pages Grantor(s): Renton 2020, LLC Grantee(s): City of Renton Legal Description: Ptn of Gov Lot 4 SEC 18 T23N R5E WM Assessor’s Tax Parcel Number: 182305-9067 Reference Number of Related Documents: N/A UTILITY EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project The Grantor(s), Renton 2020, LLC, a Colorado limited liability company, for and in consideration of $10.00 and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant(s) and convey(s) unto the City of Renton, a municipal corporation, and its successors and assigns (the Grantee), a utility easement, for the purposes described below, over, in, on, along, across, through, below and upon, the property legally described in Exhibit “A”, (the “Utility Easement”) and depicted in Exhibit “B”, which are attached hereto and incorporated by this reference. The Grantee and its agents, designees and/or assigns, shall have the right at such times as deemed necessary by Grantee, to enter upon, over, under and across the Utility Easement to inspect, construct, reconstruct, grade, operate, use, maintain, repair, replace and enlarge the utilities contained within the easement area for all public purposes, including but not limited to, grade, street lights, utilities (including without limitation water, sewer, storm water, electric, gas, telecommunications, cable and fiber optics, either owned or operated by Grantee or those utilities which provide service to Grantee or its citizens and are operated by permission of Grantee through franchise or permit), together with the right of ingress and egress thereto without prior institution of any suit or proceedings and without incurring any legal obligation or liability therefore. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9067 Page 2 of ( 7 ) Pages THIS EASEMENT is executed and delivered and said easement is granted upon the following conditions to wit: 1. Grantee, its agents and employees, assigns and successors shall, as soon as practicable, after installation of the utilities and all subsequent alterations and repairs thereto, restore all property to the Grantor to a neat and presentable condition. 2. Grantor shall not interfere in any manner with the easement rights granted to Grantee and the public in this Utility Easement. Without limitation, Grantor shall not (1) erect or maintain any buildings, structures, or improvements within the Utility Easement; (2) disturb the lateral or subjacent support of the utilities and other improvements and uses of the Utility Easement by Grantee, or undertake any form of construction or other activity that may disturb or damage the utilities, or other improvements or uses of the Utility Easement by Grantee; or (3) plant trees, shrubs, or other vegetation having deep root patterns that may cause damage to or interfere with the use of the utilities. 3. The rights granted herein shall not be construed to interfere with or restrict the Grantor, its heirs, executors, administrators, successors and assigns from the use of the Property outside of the Easement Area for the construction and maintenance of property improvements outside of the Easement Area. 4. This Utility Easement and the rights, obligations and covenants stated in this Utility Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Utility Easement shall be recorded with the King County Recorder’s Office. 5. It is understood and agreed that delivery of this Utility Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Renton unless and until approved hereon in writing by City of Renton. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9067 Page 3 of ( 7 ) Pages Dated: , 20___. Grantor: Renton 2020, LLC By _____________________________________ Its Accepted and Approved City of Renton By Its Date AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9067 Page 4 of ( 7 ) Pages CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9067 Page 5 of ( 7 ) Pages AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9067 Page 6 of ( 7 ) Pages AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9067 Page 7 of ( 7 ) Pages AGENDA ITEM #1. a) Parcel No. 1823059067 1 After Recording, Return to: City of Renton City Clerk’s Office 1055 S. Grady Way Renton, WA 98057 STATUTORY WARRANTY DEED Grantors: Renton 2020, LLC, a Colorado limited liability company Grantee: City of Renton, a municipal corporation of the State of Washington Abbreviated Legal Description: Ptn of Gov Lot 4 SEC 18 T23N R5E WM Additional Legal(s) Exhibit A Assessor’s Tax Parcel ID#: 1823059067 Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project THE GRANTOR(S), Renton 2020, LLC, a Colorado limited liability company, for and in consideration of sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, hereby convey(s) and warrant(s) to the City of Renton, a Washington municipal corporation of the State of Washington, its successors and assigns, for the use of the public, the real property described in attached Exhibit A and depicted in attached Exhibit B, situated in the City of Renton, in King County, Washington. Also, the Grantor requests the Assessor and Treasurer of said County to set over to the remainder of Tax Parcel No. 1823059067, the lien of all unpaid taxes, if any, affecting the real estate herein conveyed, as provided by RCW 84.60.070. AGENDA ITEM #1. a) Parcel No. 1823059067 2 DATED this day of , 2021. GRANTOR: Renton 2020, LLC By: ______________________________ (Corporation) STATE OF WASHINGTON } } SS. COUNTY OF KING } I certify that I know or have satisfactory evidence that ______________________ is the person who appeared before me, and said person acknowledged that she/he signed this instrument, on oath stated that she/he is authorized to execute the instrument and acknowledged it as the _______________________ of __________________________, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: Signature: Notary Public in and for the State of Washington Notary (print name): Residing at: ACCEPTED BY: CITY OF RENTON a Municipal Corporation of the State of Washington By: Date: AGENDA ITEM #1. a) A AGENDA ITEM #1. a) AGENDA ITEM #1. a) B AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 5 ) Pages Parcel No. 182305-9171 Grantor(s): Paragon Dental Arts LLC Grantee(s): City of Renton Legal Description: Ptn of Gov Lot 4 & Ptn Tract 6 Assessor’s Tax Parcel Number: 182305-9171 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between Paragon Dental Arts LLC, a Washington limited liability company, (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, does hereby grant to the City, a 1,194 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit “A”, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 2 of ( 5 ) Pages Parcel No. 182305-9171 The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a) The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b) The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 5 ) Pages Parcel No. 182305-9171 Dated: , 20___ Grantor: Paragon Dental Arts LLC By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 5 ) Pages Parcel No. 182305-9171 CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 5 ) Pages Parcel No. 182305-9171 AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Parcel No. 182305-9171 Page 1 of ( 7 ) Pages Grantor(s): Paragon Dental Arts LLC Grantee(s): City of Renton Legal Description: Ptn of Gov Lot 4 & Ptn Tract 6 Assessor’s Tax Parcel Number: 182305-9171 Reference Number of Related Documents: N/A UTILITY EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project The Grantor(s), Paragon Dental Arts LLC, a Washington limited liability company, for and in consideration of $10.00 and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant(s) and convey(s) unto the City of Renton, a municipal corporation, and its successors and assigns (the Grantee), a utility easement, for the purposes described below, over, in, on, along, across, through, below and upon, the property legally described in Exhibit “A”, (the “Utility Easement”) and depicted in Exhibit “B”, which are attached hereto and incorporated by this reference. The Grantee and its agents, designees and/or assigns, shall have the right at such times as deemed necessary by Grantee, to enter upon, over, under and across the Utility Easement to inspect, construct, reconstruct, grade, operate, use, maintain, repair, replace and enlarge the utilities contained within the easement area for all public purposes, including but not limited to, grade, street lights, utilities (including without limitation water, sewer, storm water, electric, gas, telecommunications, cable and fiber optics, either owned or operated by Grantee or those utilities which provide service to Grantee or its citizens and are operated by permission of Grantee through franchise or permit), together with the right of ingress and egress thereto without prior institution of any suit or proceedings and without incurring any legal obligation or liability therefore. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9171 Page 2 of ( 7 ) Pages THIS EASEMENT is executed and delivered and said easement is granted upon the following conditions to wit: 1. Grantee, its agents and employees, assigns and successors shall, as soon as practicable, after installation of the utilities and all subsequent alterations and repairs thereto, restore all property to the Grantor to a neat and presentable condition. 2. Grantor shall not interfere in any manner with the easement rights granted to Grantee and the public in this Utility Easement. Without limitation, Grantor shall not (1) erect or maintain any buildings, structures, or improvements within the Utility Easement; (2) disturb the lateral or subjacent support of the utilities and other improvements and uses of the Utility Easement by Grantee, or undertake any form of construction or other activity that may disturb or damage the utilities, or other improvements or uses of the Utility Easement by Grantee; or (3) plant trees, shrubs, or other vegetation having deep root patterns that may cause damage to or interfere with the use of the utilities. 3. The rights granted herein shall not be construed to interfere with or restrict the Grantor, its heirs, executors, administrators, successors and assigns from the use of the Property outside of the Easement Area for the construction and maintenance of property improvements outside of the Easement Area. 4. This Utility Easement and the rights, obligations and covenants stated in this Utility Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Utility Easement shall be recorded with the King County Recorder’s Office. 5. It is understood and agreed that delivery of this Utility Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Renton unless and until approved hereon in writing by City of Renton. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9171 Page 3 of ( 7 ) Pages Dated: , 20___. Grantor: Paragon Dental Arts LLC By _____________________________________ Its Accepted and Approved City of Renton By Its Date AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9171 Page 4 of ( 7 ) Pages CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9171 Page 5 of ( 7 ) Pages AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9171 Page 6 of ( 7 ) Pages AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9171 Page 7 of ( 7 ) Pages AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 5 ) Pages Parcel No. 182305-9112 Grantor(s): Sigroha Investments II, LLC Grantee(s): City of Renton Legal Description: Ptn of Gov Lot 4, SEC. 18-23-5 Assessor’s Tax Parcel Number: 182305-9112 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between Sigroha Investments II, LLC, a Washington Limited Liability Company, (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, does hereby grant to the City, a 945 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit “A”, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 2 of ( 5 ) Pages Parcel No. 182305-9112 The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a) The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b) The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 5 ) Pages Parcel No. 182305-9112 Dated: , 20___ Grantor: Sigroha Investments II, LLC By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 5 ) Pages Parcel No. 182305-9112 CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 5 ) Pages Parcel No. 182305-9112 AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 5 ) Pages Parcel No. 182305-9125 Grantor(s): Robert E. Cox and Priscilla R. Cox Grantee(s): City of Renton Legal Description: Ptn of Gov Lot 4 Sec 18 T23N R5E WM Assessor’s Tax Parcel Number: 182305-9125 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between Robert E. Cox and Priscilla R. Cox, husband and wife, (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, does hereby grant to the City, a 1,160 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit “A”, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 2 of ( 5 ) Pages Parcel No. 182305-9125 The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a) The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b) The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 5 ) Pages Parcel No. 182305-9125 Dated: , 20___ Grantor: Robert E. Cox and Priscilla R. Cox By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 5 ) Pages Parcel No. 182305-9125 CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ INDIVIDUAL ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ On this day personally appeared before me ______________________________________, to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 5 ) Pages Parcel No. 182305-9125 AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 5 ) Pages Parcel No. 182305-9077 Grantor(s): TMJD, Inc. Grantee(s): City of Renton Legal Description: Ptn of Lot Ptn of Gov Lot 4, 8-23N-5E, W.M. Assessor’s Tax Parcel Number: 182305-9077 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between TMJD Inc., a Washington corporation, (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, does hereby grant to the City, a 1,193 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit “A”, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 2 of ( 5 ) Pages Parcel No. 182305-9077 The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a) The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b) The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 5 ) Pages Parcel No. 182305-9077 Dated: , 20___ Grantor: TMJD Inc. By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 5 ) Pages Parcel No. 182305-9077 CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 5 ) Pages Parcel No. 182305-9077 AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Parcel No. 182305-9077 Page 1 of ( 6 ) Pages Grantor(s): TMJD, Inc. Grantee(s): City of Renton Legal Description: Ptn of Gov Lot 4, 8-23N-5E, W.M. Assessor’s Tax Parcel Number: 182305-9077 Reference Number of Related Documents: N/A UTILITY EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project The Grantor(s), TMJD Inc., a Washington corporation, for and in consideration of $10.00 and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant(s) and convey(s) unto the City of Renton, a municipal corporation, and its successors and assigns (the Grantee), a utility easement, for the purposes described below, over, in, on, along, across, through, below and upon, the property legally described in Exhibit “A”, (the “Utility Easement”) and depicted in Exhibit “B”, which are attached hereto and incorporated by this reference. The Grantee and its agents, designees and/or assigns, shall have the right at such times as deemed necessary by Grantee, to enter upon, over, under and across the Utility Easement to inspect, construct, reconstruct, grade, operate, use, maintain, repair, replace and enlarge the utilities contained within the easement area for all public purposes, including but not limited to, grade, street lights, utilities (including without limitation water, sewer, storm water, electric, gas, telecommunications, cable and fiber optics, either owned or operated by Grantee or those utilities which provide service to Grantee or its citizens and are operated by permission of Grantee through franchise or permit), together with the right of ingress and egress thereto without prior institution of any suit or proceedings and without incurring any legal obligation or liability therefore. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9077 Page 2 of ( 6 ) Pages THIS EASEMENT is executed and delivered and said easement is granted upon the following conditions to wit: 1. Grantee, its agents and employees, assigns and successors shall, as soon as practicable, after installation of the utilities and all subsequent alterations and repairs thereto, restore all property to the Grantor to a neat and presentable condition. 2. Grantor shall not interfere in any manner with the easement rights granted to Grantee and the public in this Utility Easement. Without limitation, Grantor shall not (1) erect or maintain any buildings, structures, or improvements within the Utility Easement; (2) disturb the lateral or subjacent support of the utilities and other improvements and uses of the Utility Easement by Grantee, or undertake any form of construction or other activity that may disturb or damage the utilities, or other improvements or uses of the Utility Easement by Grantee; or (3) plant trees, shrubs, or other vegetation having deep root patterns that may cause damage to or interfere with the use of the utilities. 3. The rights granted herein shall not be construed to interfere with or restrict the Grantor, its heirs, executors, administrators, successors and assigns from the use of the Property outside of the Easement Area for the construction and maintenance of property improvements outside of the Easement Area. 4. This Utility Easement and the rights, obligations and covenants stated in this Utility Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Utility Easement shall be recorded with the King County Recorder’s Office. 5. It is understood and agreed that delivery of this Utility Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Renton unless and until approved hereon in writing by City of Renton. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9077 Page 3 of ( 6 ) Pages Dated: , 20___. Grantor: TMJD Inc. By _____________________________________ Its Accepted and Approved City of Renton By Its Date AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9077 Page 4 of ( 6 ) Pages CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9077 Page 5 of ( 6 ) Pages AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9077 Page 6 of ( 6 ) Pages AGENDA ITEM #1. a) Parcel No. 1823059080 1 After Recording, Return to: City of Renton City Clerk’s Office 1055 S. Grady Way Renton, WA 98057 STATUTORY WARRANTY DEED Grantors: Peter H. Wilson, as his separate estate Grantee: City of Renton, a municipal corporation of the State of Washington Abbreviated Legal Description: Ptn of Gov Lot 4 and a ptn of Tract 6, Second Supplemental Maps of Renton Shore Lands, STR 18-23N-5E, W.M. Additional Legal(s) Exhibit A Assessor’s Tax Parcel ID#: 1823059080 Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project THE GRANTOR(S), Peter H. Wilson, as his separate estate, for and in consideration of sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, hereby convey(s) and warrant(s) to the City of Renton, a Washington municipal corporation of the State of Washington, its successors and assigns, for the use of the public, the real property described in attached Exhibit A and depicted in attached Exhibit B, situated in the City of Renton, in King County, Washington. Also, the Grantor requests the Assessor and Treasurer of said County to set over to the remainder of Tax Parcel No. 1823059080, the lien of all unpaid taxes, if any, affecting the real estate herein conveyed, as provided by RCW 84.60.070. AGENDA ITEM #1. a) Parcel No. 1823059080 2 DATED this day of , 2021. GRANTOR: By: Peter H. Wilson (Individual) STATE OF WASHINGTON } } SS. COUNTY OF KING } I hereby certify that I know or have satisfactory evidence that ____________________, is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it to be his/her free and voluntary, act for the uses and purposes mentioned in this instrument. Dated: Signature: Notary Public in and for the State of Washington Notary (print name): Residing at: ACCEPTED BY: CITY OF RENTON a Municipal Corporation of the State of Washington By: Date: AGENDA ITEM #1. a) A AGENDA ITEM #1. a) B AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 5 ) Pages Parcel No. 182305-9080 Grantor(s): Peter H. Wilson Grantee(s): City of Renton Legal Description: Ptn of Gov Lot 4 and a ptn of Tract 6, Second Supplemental Maps of Renton Shore Lands, STR 18-23N-5E, W.M. Assessor’s Tax Parcel Number: 182305-9080 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between Peter H. Wilson, as his separate estate (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, does hereby grant to the City, a 1,367 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit “A”, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 2 of ( 5 ) Pages Parcel No. 182305-9080 The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a) The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b) The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 5 ) Pages Parcel No. 182305-9080 Dated: , 20___ Grantor: Peter H. Wilson By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 5 ) Pages Parcel No. 182305-9080 INDIVIDUAL ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ On this day personally appeared before me ______________________________________, to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 5 ) Pages Parcel No. 182305-9080 AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Parcel No. 182305-9080 Page 1 of ( 6 ) Pages Grantor(s): Peter H. Wilson Grantee(s): City of Renton Legal Description: Ptn of Gov Lot 4 and a ptn of Tract 6, Second Supplemental Maps of Renton Shore Lands, STR 18-23N-5E, W.M. Assessor’s Tax Parcel Number: 182305-9080 Reference Number of Related Documents: N/A UTILITY EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project The Grantor(s), Peter H. Wilson, as his separate estate, for and in consideration of $10.00 and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant(s) and convey(s) unto the City of Renton, a municipal corporation, and its successors and assigns (the Grantee), a utility easement, for the purposes described below, over, in, on, along, across, through, below and upon, the property legally described in Exhibit “A”, (the “Utility Easement”) and depicted in Exhibit “B”, which are attached hereto and incorporated by this reference. The Grantee and its agents, designees and/or assigns, shall have the right at such times as deemed necessary by Grantee, to enter upon, over, under and across the Utility Easement to inspect, construct, reconstruct, grade, operate, use, maintain, repair, replace and enlarge the utilities contained within the easement area for all public purposes, including but not limited to, grade, street lights, utilities (including without limitation water, sewer, storm water, electric, gas, telecommunications, cable and fiber optics, either owned or operated by Grantee or those utilities which provide service to Grantee or its citizens and are operated by permission of Grantee through franchise or permit), together with the right of ingress and egress thereto without prior institution of any suit or proceedings and without incurring any legal obligation or liability therefore. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9080 Page 2 of ( 6 ) Pages THIS EASEMENT is executed and delivered and said easement is granted upon the following conditions to wit: 1. Grantee, its agents and employees, assigns and successors shall, as soon as practicable, after installation of the utilities and all subsequent alterations and repairs thereto, restore all property to the Grantor to a neat and presentable condition. 2. Grantor shall not interfere in any manner with the easement rights granted to Grantee and the public in this Utility Easement. Without limitation, Grantor shall not (1) erect or maintain any buildings, structures, or improvements within the Utility Easement; (2) disturb the lateral or subjacent support of the utilities and other improvements and uses of the Utility Easement by Grantee, or undertake any form of construction or other activity that may disturb or damage the utilities, or other improvements or uses of the Utility Easement by Grantee; or (3) plant trees, shrubs, or other vegetation having deep root patterns that may cause damage to or interfere with the use of the utilities. 3. The rights granted herein shall not be construed to interfere with or restrict the Grantor, its heirs, executors, administrators, successors and assigns from the use of the Property outside of the Easement Area for the construction and maintenance of property improvements outside of the Easement Area. 4. This Utility Easement and the rights, obligations and covenants stated in this Utility Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Utility Easement shall be recorded with the King County Recorder’s Office. 5. It is understood and agreed that delivery of this Utility Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Renton unless and until approved hereon in writing by City of Renton. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9080 Page 3 of ( 6 ) Pages Dated: , 20___. Grantor: Peter H. Wilson By _____________________________________ Its Accepted and Approved City of Renton By Its Date AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9080 Page 4 of ( 6 ) Pages INDIVIDUAL ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ On this day personally appeared before me ______________________________________, to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9080 Page 5 of ( 6 ) Pages AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9080 Page 6 of ( 6 ) Pages AGENDA ITEM #1. a) Parcel No. 3806000110 1 After Recording, Return to: City of Renton City Clerk’s Office 1055 S. Grady Way Renton, WA 98057 STATUTORY WARRANTY DEED Grantors: Barmar Limited Liability Company, a Washington Limited Liability Company Grantee: City of Renton, a municipal corporation of the State of Washington Abbreviated Legal Description: Ptn of Lot 6, Block 2, Victoria A. Kelly Addition Additional Legal(s) Exhibit A Assessor’s Tax Parcel ID#: 3806000110 Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project THE GRANTOR(S), Barmar Limited Liability Company, a Washington Limited Liability Company, for and in consideration of sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, hereby convey(s) and warrant(s) to the City of Renton, a Washington municipal corporation of the State of Washington, its successors and assigns, for the use of the public, the real property described in attached Exhibit A and depicted in attached Exhibit B, situated in the City of Renton, in King County, Washington. Also, the Grantor requests the Assessor and Treasurer of said County to set over to the remainder of Tax Parcel No. 3806000110, the lien of all unpaid taxes, if any, affecting the real estate herein conveyed, as provided by RCW 84.60.070. AGENDA ITEM #1. a) Parcel No. 3806000110 2 DATED this day of , 2021. GRANTOR: Barmar Limited Liability Company By: ______________________________ (Corporation) STATE OF WASHINGTON } } SS. COUNTY OF KING } I certify that I know or have satisfactory evidence that ______________________ is the person who appeared before me, and said person acknowledged that she/he signed this instrument, on oath stated that she/he is authorized to execute the instrument and acknowledged it as the _______________________ of __________________________, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: Signature: Notary Public in and for the State of Washington Notary (print name): Residing at: ACCEPTED BY: CITY OF RENTON a Municipal Corporation of the State of Washington By: Date: AGENDA ITEM #1. a) A AGENDA ITEM #1. a) AGENDA ITEM #1. a) B AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 5 ) Pages Parcel No. 380600-0110 Grantor(s): Barmar Limited Liability Company Grantee(s): City of Renton Legal Description: Ptn of Lot 6, Block 2, Victoria A. Kelly Addition Assessor’s Tax Parcel Number: 380600-0110 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between Barmar Limited Liability Company, a Washington Limited Liability Company, (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, does hereby grant to the City, a 1,135 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit “A”, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 2 of ( 5 ) Pages Parcel No. 380600-0110 The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a) The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b) The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 5 ) Pages Parcel No. 380600-0110 Dated: , 20___ Grantor: Barmar Limited Liability Company By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 5 ) Pages Parcel No. 380600-0110 CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 5 ) Pages Parcel No. 380600-0110 AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 6 ) Pages Parcel Nos. 182305-9245 & 000720-0193 Grantor(s): Burkheimer Family LLC Grantee(s): City of Renton Legal Description: Ptn of Lot Subdivision: Ptn of NE of 18-23-5 and Ptn DLC No. 37 APN/Parcel ID(s): 182305-9245 182305-9237 000720-0193 Assessor’s Tax Parcel Numbers: 182305-9245 & 000720-0193 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between Burkheimer Family LLC, a Washington limited liability company (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, does hereby grant to the City, a 628 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit “A”, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 2 of ( 6 ) Pages Parcel Nos. 182305-9245 & 000720-0193 by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a) The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b) The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 6 ) Pages Parcel Nos. 182305-9245 & 000720-0193 Dated: , 20___ Grantor: Burkheimer Family LLC By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 6 ) Pages Parcel Nos. 182305-9245 & 000720-0193 CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 6 ) Pages Parcel Nos. 182305-9245 & 000720-0193 AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 6 of ( 6 ) Pages Parcel Nos. 182305-9245 & 000720-0193 AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Parcel No. 182305-9245 Page 1 of ( 7 ) Pages Grantor(s): Burkheimer Family LLC Grantee(s): City of Renton Legal Description: Subdivision: Ptn of NE of 18-23-5 and Ptn DLC No. 37 APN/Parcel ID(s): 182305-9245 182305-9237 000720-0193 Assessor’s Tax Parcel Number: 182305-9245 Reference Number of Related Documents: N/A UTILITY EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project The Grantor(s), Burkheimer Family LLC, a Washington limited liability company, for and in consideration of $10.00 and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant(s) and convey(s) unto the City of Renton, a municipal corporation, and its successors and assigns (the Grantee), a utility easement, for the purposes described below, over, in, on, along, across, through, below and upon, the property legally described in Exhibit “A”, (the “Utility Easement”) and depicted in Exhibit “B”, which are attached hereto and incorporated by this reference. The Grantee and its agents, designees and/or assigns, shall have the right at such times as deemed necessary by Grantee, to enter upon, over, under and across the Utility Easement to inspect, construct, reconstruct, grade, operate, use, maintain, repair, replace and enlarge the utilities contained within the easement area for all public purposes, including but not limited to, grade, street lights, utilities (including without limitation water, sewer, storm water, electric, gas, telecommunications, cable and fiber optics, either owned or operated by Grantee or those utilities which provide service to Grantee or its citizens and are operated by permission of Grantee through franchise or permit), together with the right of ingress and egress thereto without prior institution of any suit or proceedings and without incurring any legal obligation AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9245 Page 2 of ( 7 ) Pages or liability therefore. THIS EASEMENT is executed and delivered and said easement is granted upon the following conditions to wit: 1. Grantee, its agents and employees, assigns and successors shall, as soon as practicable, after installation of the utilities and all subsequent alterations and repairs thereto, restore all property to the Grantor to a neat and presentable condition. 2. Grantor shall not interfere in any manner with the easement rights granted to Grantee and the public in this Utility Easement. Without limitation, Grantor shall not (1) erect or maintain any buildings, structures, or improvements within the Utility Easement; (2) disturb the lateral or subjacent support of the utilities and other improvements and uses of the Utility Easement by Grantee, or undertake any form of construction or other activity that may disturb or damage the utilities, or other improvements or uses of the Utility Easement by Grantee; or (3) plant trees, shrubs, or other vegetation having deep root patterns that may cause damage to or interfere with the use of the utilities. 3. The rights granted herein shall not be construed to interfere with or restrict the Grantor, its heirs, executors, administrators, successors and assigns from the use of the Property outside of the Easement Area for the construction and maintenance of property improvements outside of the Easement Area. 4. This Utility Easement and the rights, obligations and covenants stated in this Utility Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Utility Easement shall be recorded with the King County Recorder’s Office. 5. It is understood and agreed that delivery of this Utility Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Renton unless and until approved hereon in writing by City of Renton. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9245 Page 3 of ( 7 ) Pages Dated: , 20___. Grantor: Burkheimer Family LLC By _____________________________________ Its Accepted and Approved City of Renton By Its Date AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9245 Page 4 of ( 7 ) Pages CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9245 Page 5 of ( 7 ) Pages AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9245 Page 6 of ( 7 ) Pages AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9245 Page 7 of ( 7 ) Pages AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 5 ) Pages Parcel No. 182305-9079 Grantor(s): Waltrust Properties, Inc. Grantee(s): City of Renton Legal Description: Ptn NE¼ SW¼ SECT. 18-23N-5E Assessor’s Tax Parcel Number: 182305-9079 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between Waltrust Properties Inc., a Delaware corporation, (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, does hereby grant to the City, a 1,773 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit “A”, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 2 of ( 5 ) Pages Parcel No. 182305-9079 The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a) The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b) The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 5 ) Pages Parcel No. 182305-9079 Dated: , 20___ Grantor: Waltrust Properties, Inc. By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 5 ) Pages Parcel No. 182305-9079 CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 5 ) Pages Parcel No. 182305-9079 AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Parcel No. 182305-9079 Page 1 of ( 8 ) Pages Grantor(s): Waltrust Properties, Inc. Grantee(s): City of Renton Legal Description: Ptn NE¼ SW¼ SECT. 18-23N-5E Assessor’s Tax Parcel Number: 182305-9079 Reference Number of Related Documents: N/A UTILITY EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project The Grantor(s), Waltrust Properties Inc., a Delaware corporation, for and in consideration of $10.00 and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant(s) and convey(s) unto the City of Renton, a municipal corporation, and its successors and assigns (the Grantee), a utility easement, for the purposes described below, over, in, on, along, across, through, below and upon, the property legally described in Exhibit “A”, (the “Utility Easement”) and depicted in Exhibit “B”, which are attached hereto and incorporated by this reference. The Grantee and its agents, designees and/or assigns, shall have the right at such times as deemed necessary by Grantee, to enter upon, over, under and across the Utility Easement to inspect, construct, reconstruct, grade, operate, use, maintain, repair, replace and enlarge the utilities contained within the easement area for all public purposes, including but not limited to, grade, street lights, utilities (including without limitation water, sewer, storm water, electric, gas, telecommunications, cable and fiber optics, either owned or operated by Grantee or those utilities which provide service to Grantee or its citizens and are operated by permission of Grantee through franchise or permit), together with the right of ingress and egress thereto without prior institution of any suit or proceedings and without incurring any legal obligation or liability therefore. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9079 Page 2 of ( 8 ) Pages THIS EASEMENT is executed and delivered and said easement is granted upon the following conditions to wit: 1. Grantee, its agents and employees, assigns and successors shall, as soon as practicable, after installation of the utilities and all subsequent alterations and repairs thereto, restore all property to the Grantor to a neat and presentable condition. 2. Grantor shall not interfere in any manner with the easement rights granted to Grantee and the public in this Utility Easement. Without limitation, Grantor shall not (1) erect or maintain any buildings, structures, or improvements within the Utility Easement; (2) disturb the lateral or subjacent support of the utilities and other improvements and uses of the Utility Easement by Grantee, or undertake any form of construction or other activity that may disturb or damage the utilities, or other improvements or uses of the Utility Easement by Grantee; or (3) plant trees, shrubs, or other vegetation having deep root patterns that may cause damage to or interfere with the use of the utilities. 3. The rights granted herein shall not be construed to interfere with or restrict the Grantor, its heirs, executors, administrators, successors and assigns from the use of the Property outside of the Easement Area for the construction and maintenance of property improvements outside of the Easement Area. 4. This Utility Easement and the rights, obligations and covenants stated in this Utility Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Utility Easement shall be recorded with the King County Recorder’s Office. 5. It is understood and agreed that delivery of this Utility Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Renton unless and until approved hereon in writing by City of Renton. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9079 Page 3 of ( 8 ) Pages Dated: , 20___. Grantor: Waltrust Properties, Inc. By _____________________________________ Its Accepted and Approved City of Renton By Its Date AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9079 Page 4 of ( 8 ) Pages CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9079 Page 5 of ( 8 ) Pages AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9079 Page 6 of ( 8 ) Pages AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9079 Page 7 of ( 8 ) Pages AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9079 Page 8 of ( 8 ) Pages AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Parcel No. 182305-9213 Page 1 of ( 6 ) Pages Grantor(s): Renton Property Ventures Grantee(s): City of Renton Legal Description: Ptn of Lot 1 Subdivision: KCSP NO W-209-78 REC NO 7810049011 Assessor’s Tax Parcel Number: 182305-9213 Reference Number of Related Documents: N/A UTILITY/WALL EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project The Grantor(s), Renton Property Ventures, a joint venture, for and in consideration of $10.00 and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant(s) and convey(s) unto the City of Renton, a municipal corporation, and its successors and assigns (the Grantee), a utility/wall easement, for the purposes described below, over, in, on, along, across, through, below and upon, the property legally described in Exhibit “A”, (the “Utility/Wall Easement”) and depicted in Exhibit “B”, which are attached hereto and incorporated by this reference. The Grantee and its agents, designees and/or assigns, shall have the right at such times as deemed necessary by Grantee, to enter upon, over, under and across the Utility/Wall Easement to inspect, construct, reconstruct, grade, operate, use, maintain, repair, replace and enlarge the utilities contained within the easement area for all public purposes, including but not limited to, grade, street lights, utilities (including without limitation water, sewer, storm water, electric, gas, telecommunications, cable and fiber optics, either owned or operated by Grantee or those utilities which provide service to Grantee or its citizens and are operated by permission of Grantee through franchise or permit), and for the purpose of constructing a retaining wall, and appurtenant work in any part of the easement, including the right to repair, replace and maintain the retaining wall, and for any reconstruction of such facilities within the area of the easement together with the right of ingress and egress thereto without prior institution of any suit or proceedings and without incurring any legal obligation or liability AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/WALL EASEMENT Parcel No. 182305-9213 Page 2 of ( 6 ) Pages therefore. THIS EASEMENT is executed and delivered and said easement is granted upon the following conditions to wit: 1. Grantee, its agents and employees, assigns and successors shall, as soon as practicable, after installation of the utilities, construction of the retaining wall and all subsequent alterations and repairs thereto, restore all property to the Grantor to a neat and presentable condition. 2. Grantor shall not interfere in any manner with the easement rights granted to Grantee and the public in this Utility/Wall Easement. Without limitation, Grantor shall not (1) erect or maintain any buildings, structures, or improvements within the Utility/Wall Easement; (2) disturb the lateral or subjacent support of the utilities and other improvements and uses of the Utility/Wall Easement by Grantee, or undertake any form of construction or other activity that may disturb or damage the utilities, or other improvements or uses of the Utility/Wall Easement by Grantee; or (3) plant trees, shrubs, or other vegetation having deep root patterns that may cause damage to or interfere with the use of the utilities. It is understood by the Grantor that the retaining wall constructed hereunder shall, in every respect be a public retaining wall and all the property abutting thereon shall have a right to connect therewith under the same conditions as if the retaining wall were a public street. The Grantee, or any abutting property owners upon permit from the Grantee, shall have the right at all times to enter upon the Easement Area and the retaining wall as if it were in a public street; and the Grantee, or any abutting property owners upon permit from the Grantee, shall have the right at all times to enter upon the Easement Area for the purpose of making any necessary repairs to or renewals or replacemnts of the retaining wall. 3. The rights granted herein shall not be construed to interfere with or restrict the Grantor, its heirs, executors, administrators, successors and assigns from the use of the Property outside of the Easement Area for the construction and maintenance of property improvements outside of the Easement Area so long as the same are to constructed as not to impair the strength or stability of, or interfere with the use and maintenance of, said retaining wall. 4. This Utility/Wall Easement and the rights, obligations and covenants stated in this Utility/Wall Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Utility/Wall Easement shall be recorded with the King County Recorder’s Office. 5. It is understood and agreed that delivery of this Utility/Wall Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Renton unless and until approved hereon in writing by City of Renton. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/WALL EASEMENT Parcel No. 182305-9213 Page 3 of ( 6 ) Pages Dated: , 20___. Grantor: Renton Property Ventures By _____________________________________ Its Accepted and Approved City of Renton By Its Date AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/WALL EASEMENT Parcel No. 182305-9213 Page 4 of ( 6 ) Pages CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/WALL EASEMENT Parcel No. 182305-9213 Page 5 of ( 6 ) Pages AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/WALL EASEMENT Parcel No. 182305-9213 Page 6 of ( 6 ) Pages AGENDA ITEM #1. a) Parcel No. 1823059213 1 After Recording, Return to: City of Renton City Clerk’s Office 1055 S. Grady Way Renton, WA 98057 STATUTORY WARRANTY DEED Grantors: Renton Property Ventures, a joint venture Grantee: City of Renton, a municipal corporation of the State of Washington Abbreviated Legal Description: Ptn of Lot 1 Subdivision: KCSP NO W-209-78 REC NO 7810049011 Additional Legal(s) Exhibit A Assessor’s Tax Parcel ID#: 1823059213 Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project THE GRANTOR(S), Renton Property Ventures, a joint venture, for and in consideration of sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, hereby convey(s) and warrant(s) to the City of Renton, a Washington municipal corporation of the State of Washington, its successors and assigns, for the use of the public, the real property described in attached Exhibit A and depicted in attached Exhibit B, situated in the City of Renton, in King County, Washington. Also, the Grantor requests the Assessor and Treasurer of said County to set over to the remainder of Tax Parcel No. 1823059213, the lien of all unpaid taxes, if any, affecting the real estate herein conveyed, as provided by RCW 84.60.070. AGENDA ITEM #1. a) Parcel No. 1823059213 2 DATED this day of , 2021. GRANTOR: Renton Property Ventures By: ______________________________ (Corporation) STATE OF WASHINGTON } } SS. COUNTY OF KING } I certify that I know or have satisfactory evidence that ______________________ is the person who appeared before me, and said person acknowledged that she/he signed this instrument, on oath stated that she/he is authorized to execute the instrument and acknowledged it as the _______________________ of __________________________, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: Signature: Notary Public in and for the State of Washington Notary (print name): Residing at: ACCEPTED BY: CITY OF RENTON a Municipal Corporation of the State of Washington By: Date: AGENDA ITEM #1. a) A AGENDA ITEM #1. a) % AGENDA ITEM #1. a) Parcel No. 1823059273 1 After Recording, Return to: City of Renton City Clerk’s Office 1055 S. Grady Way Renton, WA 98057 STATUTORY WARRANTY DEED Grantors: Renton Property Ventures, a joint venture Grantee: City of Renton, a municipal corporation of the State of Washington Abbreviated Legal Description: Ptn of Lot 2, King County Short Subdivision No. W- 209-78, Rec. No. 7810049011, being a ptn of NE1/4 of SW1/4 of (Government Lot 1), STR 18-23N-5E, W.M. Additional Legal(s) Exhibit A Assessor’s Tax Parcel ID#: 1823059273 Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project THE GRANTOR(S), Renton Property Ventures, a joint venture, for and in consideration of sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, hereby convey(s) and warrant(s) to the City of Renton, a Washington municipal corporation of the State of Washington, its successors and assigns, for the use of the public, the real property described in attached Exhibit A and depicted in attached Exhibit B, situated in the City of Renton, in King County, Washington. Also, the Grantor requests the Assessor and Treasurer of said County to set over to the remainder of Tax Parcel No. 1823059273, the lien of all unpaid taxes, if any, affecting the real estate herein conveyed, as provided by RCW 84.60.070. AGENDA ITEM #1. a) Parcel No. 1823059273 2 DATED this day of , 2021. GRANTOR: Renton Property Ventures By: ______________________________ (Corporation) STATE OF WASHINGTON } } SS. COUNTY OF KING } I certify that I know or have satisfactory evidence that ______________________ is the person who appeared before me, and said person acknowledged that she/he signed this instrument, on oath stated that she/he is authorized to execute the instrument and acknowledged it as the _______________________ of __________________________, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: Signature: Notary Public in and for the State of Washington Notary (print name): Residing at: ACCEPTED BY: CITY OF RENTON a Municipal Corporation of the State of Washington By: Date: AGENDA ITEM #1. a) A AGENDA ITEM #1. a) B AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 5 ) Pages Parcel No. 182305-9273 Grantor(s): Renton Property Ventures Grantee(s): City of Renton Legal Description: Ptn of Lot 2, King County Short Subdivision No. W-209-78, Rec. No. 7810049011, being a ptn of NE1/4 of SW1/4 of (Government Lot 1), STR 18-23N-5E, W.M. Assessor’s Tax Parcel Number: 182305-9273 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between Renton Property Ventures, a joint venture, (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, does hereby grant to the City, a 1,844 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit “A”, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 2 of ( 5 ) Pages Parcel No. 182305-9273 The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a) The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b) The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 5 ) Pages Parcel No. 182305-9273 Dated: , 20___ Grantor: Renton Property Ventures By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 5 ) Pages Parcel No. 182305-9273 CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 5 ) Pages Parcel No. 182305-9273 AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Parcel No. 182305-9273 Page 1 of ( 6 ) Pages Grantor(s): Renton Property Ventures Grantee(s): City of Renton Legal Description: Ptn of Lot 2, King County Short Subdivision No. W-209-78, Rec. No. 7810049011, being a ptn of NE1/4 of SW1/4 of (Government Lot 1), STR 18-23N-5E, W.M. Assessor’s Tax Parcel Number: 182305-9273 Reference Number of Related Documents: N/A UTILITY EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project The Grantor(s), Renton Property Ventures, a joint venture, for and in consideration of $10.00 and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant(s) and convey(s) unto the City of Renton, a municipal corporation, and its successors and assigns (the Grantee), a utility easement, for the purposes described below, over, in, on, along, across, through, below and upon, the property legally described in Exhibit “A”, (the “Utility Easement”) and depicted in Exhibit “B”, which are attached hereto and incorporated by this reference. The Grantee and its agents, designees and/or assigns, shall have the right at such times as deemed necessary by Grantee, to enter upon, over, under and across the Utility Easement to inspect, construct, reconstruct, grade, operate, use, maintain, repair, replace and enlarge the utilities contained within the easement area for all public purposes, including but not limited to, grade, street lights, utilities (including without limitation water, sewer, storm water, electric, gas, telecommunications, cable and fiber optics, either owned or operated by Grantee or those utilities which provide service to Grantee or its citizens and are operated by permission of Grantee through franchise or permit), together with the right of ingress and egress thereto without prior institution of any suit or proceedings and without incurring any legal obligation or liability therefore. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9273 Page 2 of ( 6 ) Pages THIS EASEMENT is executed and delivered and said easement is granted upon the following conditions to wit: 1. Grantee, its agents and employees, assigns and successors shall, as soon as practicable, after installation of the utilities and all subsequent alterations and repairs thereto, restore all property to the Grantor to a neat and presentable condition. 2. Grantor shall not interfere in any manner with the easement rights granted to Grantee and the public in this Utility Easement. Without limitation, Grantor shall not (1) erect or maintain any buildings, structures, or improvements within the Utility Easement; (2) disturb the lateral or subjacent support of the utilities and other improvements and uses of the Utility Easement by Grantee, or undertake any form of construction or other activity that may disturb or damage the utilities, or other improvements or uses of the Utility Easement by Grantee; or (3) plant trees, shrubs, or other vegetation having deep root patterns that may cause damage to or interfere with the use of the utilities. 3. The rights granted herein shall not be construed to interfere with or restrict the Grantor, its heirs, executors, administrators, successors and assigns from the use of the Property outside of the Easement Area for the construction and maintenance of property improvements outside of the Easement Area. 4. This Utility Easement and the rights, obligations and covenants stated in this Utility Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Utility Easement shall be recorded with the King County Recorder’s Office. 5. It is understood and agreed that delivery of this Utility Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Renton unless and until approved hereon in writing by City of Renton. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9273 Page 3 of ( 6 ) Pages Dated: , 20___. Grantor: Renton Property Ventures By _____________________________________ Its Accepted and Approved City of Renton By Its Date AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9273 Page 4 of ( 6 ) Pages CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9273 Page 5 of ( 6 ) Pages AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9273 Page 6 of ( 6 ) Pages AGENDA ITEM #1. a) Parcel Nos. 1823059013 & 1823059073 1 After Recording, Return to: City of Renton City Clerk’s Office 1055 S. Grady Way Renton, WA 98057 STATUTORY WARRANTY DEED Grantors: J & J West Brothers, LLC, a Washington Limited Liability Company Grantee: City of Renton, a municipal corporation of the State of Washington Abbreviated Legal Description: Ptn of Gov Lot 4, SEC 18 - T23N - R5E & PTN SEC 18 - T23N - R5E, SE 1/4, NW 1/4 Additional Legal(s) Exhibit A Assessor’s Tax Parcel ID#: 1823059013 & 1823059073 Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project THE GRANTOR(S), J & J West Brothers, LLC, a Washington Limited Liability Company, for and in consideration of sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, hereby convey(s) and warrant(s) to the City of Renton, a Washington municipal corporation of the State of Washington, its successors and assigns, for the use of the public, the real property described in attached Exhibit A and depicted in attached Exhibit B, situated in the City of Renton, in King County, Washington. Also, the Grantor requests the Assessor and Treasurer of said County to set over to the remainder of Tax Parcel Nos. 1823059013 & 1823059073, the lien of all unpaid taxes, if any, affecting the real estate herein conveyed, as provided by RCW 84.60.070. AGENDA ITEM #1. a) Parcel Nos. 1823059013 & 1823059073 2 DATED this day of , 2021. GRANTOR: J & J West Brothers, LLC By: ______________________________ (Corporation) STATE OF WASHINGTON } } SS. COUNTY OF KING } I certify that I know or have satisfactory evidence that ______________________ is the person who appeared before me, and said person acknowledged that she/he signed this instrument, on oath stated that she/he is authorized to execute the instrument and acknowledged it as the _______________________ of __________________________, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: Signature: Notary Public in and for the State of Washington Notary (print name): Residing at: ACCEPTED BY: CITY OF RENTON a Municipal Corporation of the State of Washington By: Date: AGENDA ITEM #1. a) A AGENDA ITEM #1. a) B AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Parcel Nos. 182305-9013 & 182305-9073 Page 1 of ( 5 ) Pages Grantor(s): J & J West Brothers, LLC Grantee(s): City of Renton Legal Description: Ptn of Gov Lot 4, SEC 18 - T23N - R5E & PTN SEC 18 - T23N - R5E, SE 1/4, NW 1/4 Assessor’s Tax Parcel Numbers: 182305-9013 & 182305-9073 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between J & J West Brothers, LLC, a Washington Limited Liability Company, (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, does hereby grant to the City, a 2,719 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit “A”, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Parcel Nos. 182305-9013 & 182305-9073 Page 2 of ( 5 ) Pages by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a) The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b) The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Parcel Nos. 182305-9013 & 182305-9073 Page 3 of ( 5 ) Pages It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. Dated: , 20___ Grantor: J & J West Brothers, LLC By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Parcel Nos. 182305-9013 & 182305-9073 Page 4 of ( 5 ) Pages CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Parcel Nos. 182305-9013 & 182305-9073 Page 5 of ( 5 ) Pages AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Parcel Nos. 182305-9013 & 182305-9073 Page 1 of ( 7 ) Pages Grantor(s): J & J West Brothers, LLC Grantee(s): City of Renton Legal Description: Ptn of Gov Lot 4, SEC 18 - T23N - R5E & PTN SEC 18 - T23N - R5E, SE 1/4, NW 1/4 Assessor’s Tax Parcel Numbers: 182305-9013 & 182305-9073 Reference Number of Related Documents: N/A UTILITY EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project The Grantor(s), J & J West Brothers, LLC, a Washington Limited Liability Company, for and in consideration of $10.00 and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant(s) and convey(s) unto the City of Renton, a municipal corporation, and its successors and assigns (the Grantee), a utility easement, for the purposes described below, over, in, on, along, across, through, below and upon, the property legally described in Exhibit “A”, (the “Utility Easement”) and depicted in Exhibit “B”, which are attached hereto and incorporated by this reference. The Grantee and its agents, designees and/or assigns, shall have the right at such times as deemed necessary by Grantee, to enter upon, over, under and across the Utility Easement to inspect, construct, reconstruct, grade, operate, use, maintain, repair, replace and enlarge the utilities contained within the easement area for all public purposes, including but not limited to, grade, street lights, utilities (including without limitation water, sewer, storm water, electric, gas, telecommunications, cable and fiber optics, either owned or operated by Grantee or those utilities which provide service to Grantee or its citizens and are operated by permission of Grantee through franchise or permit), together with the right of ingress and egress thereto without prior institution of any suit or proceedings and without incurring any legal obligation or liability therefore. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel Nos. 182305-9013 & 182305-9073 Page 2 of ( 7 ) Pages THIS EASEMENT is executed and delivered and said easement is granted upon the following conditions to wit: 1. Grantee, its agents and employees, assigns and successors shall, as soon as practicable, after installation of the utilities and all subsequent alterations and repairs thereto, restore all property to the Grantor to a neat and presentable condition. 2. Grantor shall not interfere in any manner with the easement rights granted to Grantee and the public in this Utility Easement. Without limitation, Grantor shall not (1) erect or maintain any buildings, structures, or improvements within the Utility Easement; (2) disturb the lateral or subjacent support of the utilities and other improvements and uses of the Utility Easement by Grantee, or undertake any form of construction or other activity that may disturb or damage the utilities, or other improvements or uses of the Utility Easement by Grantee; or (3) plant trees, shrubs, or other vegetation having deep root patterns that may cause damage to or interfere with the use of the utilities. 3. The rights granted herein shall not be construed to interfere with or restrict the Grantor, its heirs, executors, administrators, successors and assigns from the use of the Property outside of the Easement Area for the construction and maintenance of property improvements outside of the Easement Area. 4. This Utility Easement and the rights, obligations and covenants stated in this Utility Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Utility Easement shall be recorded with the King County Recorder’s Office. 5. It is understood and agreed that delivery of this Utility Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Renton unless and until approved hereon in writing by City of Renton. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel Nos. 182305-9013 & 182305-9073 Page 3 of ( 7 ) Pages Dated: , 20___. Grantor: J & J West Brothers, LLC By _____________________________________ Its Accepted and Approved City of Renton By Its Date AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel Nos. 182305-9013 & 182305-9073 Page 4 of ( 7 ) Pages CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel Nos. 182305-9013 & 182305-9073 Page 5 of ( 7 ) Pages AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel Nos. 182305-9013 & 182305-9073 Page 6 of ( 7 ) Pages AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel Nos. 182305-9013 & 182305-9073 Page 7 of ( 7 ) Pages AGENDA ITEM #1. a) Parcel No. 1823059090 1 After Recording, Return to: City of Renton City Clerk’s Office 1055 S. Grady Way Renton, WA 98057 STATUTORY WARRANTY DEED Grantors: Twenty X, LLC, a Washington limited liability company Grantee: City of Renton, a municipal corporation of the State of Washington Abbreviated Legal Description: Ptn SE 1/4, NW 1/4, GOVT LT 4, SEC 18 - T23N - R5E, W.M. Additional Legal(s) Exhibit A Assessor’s Tax Parcel ID#: 1823059090 Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project THE GRANTOR(S), Twenty X, LLC, a Washington limited liability company, for and in consideration of sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, hereby convey(s) and warrant(s) to the City of Renton, a Washington municipal corporation of the State of Washington, its successors and assigns, for the use of the public, the real property described in attached Exhibit A and depicted in attached Exhibit B, situated in the City of Renton, in King County, Washington. Also, the Grantor requests the Assessor and Treasurer of said County to set over to the remainder of Tax Parcel No. 1823059090, the lien of all unpaid taxes, if any, affecting the real estate herein conveyed, as provided by RCW 84.60.070. AGENDA ITEM #1. a) Parcel No. 1823059090 2 DATED this day of , 2021. GRANTOR: Twenty X, LLC By: ______________________________ (Corporation) STATE OF WASHINGTON } } SS. COUNTY OF KING } I certify that I know or have satisfactory evidence that ______________________ is the person who appeared before me, and said person acknowledged that she/he signed this instrument, on oath stated that she/he is authorized to execute the instrument and acknowledged it as the _______________________ of __________________________, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: Signature: Notary Public in and for the State of Washington Notary (print name): Residing at: ACCEPTED BY: CITY OF RENTON a Municipal Corporation of the State of Washington By: Date: AGENDA ITEM #1. a) A AGENDA ITEM #1. a) B AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 5 ) Pages Parcel No. 182305-9090 Grantor(s): Twenty X LLC Grantee(s): City of Renton Legal Description: Ptn SE 1/4, NW 1/4, GOVT LT 4, SEC 18 - T23N - R5E, W.M. Assessor’s Tax Parcel Number: 182305-9090 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between Twenty X, LLC, a Washington limited liability company, (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, does hereby grant to the City, a 2,670 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit “A”, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 2 of ( 5 ) Pages Parcel No. 182305-9090 The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a) The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b) The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 5 ) Pages Parcel No. 182305-9090 Dated: , 20___ Grantor: Twenty X, LLC By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 5 ) Pages Parcel No. 182305-9090 CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 5 ) Pages Parcel No. 182305-9090 AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Parcel No. 182305-9090 Page 1 of ( 6 ) Pages Grantor(s): Twenty X LLC Grantee(s): City of Renton Legal Description: Ptn SE 1/4, NW 1/4, GOVT LT 4, SEC 18 - T23N - R5E, W.M. Assessor’s Tax Parcel Number: 182305-9090 Reference Number of Related Documents: N/A UTILITY EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project The Grantor(s), Twenty X, LLC, a Washington limited liability company, for and in consideration of $10.00 and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant(s) and convey(s) unto the City of Renton, a municipal corporation, and its successors and assigns (the Grantee), a utility easement, for the purposes described below, over, in, on, along, across, through, below and upon, the property legally described in Exhibit “A”, (the “Utility Easement”) and depicted in Exhibit “B”, which are attached hereto and incorporated by this reference. The Grantee and its agents, designees and/or assigns, shall have the right at such times as deemed necessary by Grantee, to enter upon, over, under and across the Utility Easement to inspect, construct, reconstruct, grade, operate, use, maintain, repair, replace and enlarge the utilities contained within the easement area for all public purposes, including but not limited to, grade, street lights, utilities (including without limitation water, sewer, storm water, electric, gas, telecommunications, cable and fiber optics, either owned or operated by Grantee or those utilities which provide service to Grantee or its citizens and are operated by permission of Grantee through franchise or permit), together with the right of ingress and egress thereto without prior institution of any suit or proceedings and without incurring any legal obligation or liability therefore. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9090 Page 2 of ( 6 ) Pages THIS EASEMENT is executed and delivered and said easement is granted upon the following conditions to wit: 1. Grantee, its agents and employees, assigns and successors shall, as soon as practicable, after installation of the utilities and all subsequent alterations and repairs thereto, restore all property to the Grantor to a neat and presentable condition. 2. Grantor shall not interfere in any manner with the easement rights granted to Grantee and the public in this Utility Easement. Without limitation, Grantor shall not (1) erect or maintain any buildings, structures, or improvements within the Utility Easement; (2) disturb the lateral or subjacent support of the utilities and other improvements and uses of the Utility Easement by Grantee, or undertake any form of construction or other activity that may disturb or damage the utilities, or other improvements or uses of the Utility Easement by Grantee; or (3) plant trees, shrubs, or other vegetation having deep root patterns that may cause damage to or interfere with the use of the utilities. 3. The rights granted herein shall not be construed to interfere with or restrict the Grantor, its heirs, executors, administrators, successors and assigns from the use of the Property outside of the Easement Area for the construction and maintenance of property improvements outside of the Easement Area. 4. This Utility Easement and the rights, obligations and covenants stated in this Utility Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Utility Easement shall be recorded with the King County Recorder’s Office. 5. It is understood and agreed that delivery of this Utility Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Renton unless and until approved hereon in writing by City of Renton. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9090 Page 3 of ( 6 ) Pages Dated: , 20___. Grantor: Twenty X, LLC By _____________________________________ Its Accepted and Approved City of Renton By Its Date AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9090 Page 4 of ( 6 ) Pages CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9090 Page 5 of ( 6 ) Pages AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9090 Page 6 of ( 6 ) Pages AGENDA ITEM #1. a) Parcel No. 1823059074 1 After Recording, Return to: City of Renton City Clerk’s Office 1055 S. Grady Way Renton, WA 98057 STATUTORY WARRANTY DEED Grantors: SLE Enterprises, LLC, a Washington limited liability company Grantee: City of Renton, a municipal corporation of the State of Washington Abbreviated Legal Description: Ptn SE 1/4 NW1/4 Gov Lot 4 Section 18-23-5 Additional Legal(s) Exhibit A Assessor’s Tax Parcel ID#: 1823059074 Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project THE GRANTOR(S), SLE Enterprises, LLC, a Washington limited liability company, for and in consideration of sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, hereby convey(s) and warrant(s) to the City of Renton, a Washington municipal corporation of the State of Washington, its successors and assigns, for the use of the public, the real property described in attached Exhibit A and depicted in attached Exhibit B, situated in the City of Renton, in King County, Washington. Also, the Grantor requests the Assessor and Treasurer of said County to set over to the remainder of Tax Parcel No. 1823059074, the lien of all unpaid taxes, if any, affecting the real estate herein conveyed, as provided by RCW 84.60.070. AGENDA ITEM #1. a) Parcel No. 1823059074 2 DATED this day of , 2021. GRANTOR: SLE Enterprises, LLC By: ______________________________ (Corporation) STATE OF WASHINGTON } } SS. COUNTY OF KING } I certify that I know or have satisfactory evidence that ______________________ is the person who appeared before me, and said person acknowledged that she/he signed this instrument, on oath stated that she/he is authorized to execute the instrument and acknowledged it as the _______________________ of __________________________, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: Signature: Notary Public in and for the State of Washington Notary (print name): Residing at: ACCEPTED BY: CITY OF RENTON a Municipal Corporation of the State of Washington By: Date: AGENDA ITEM #1. a) A AGENDA ITEM #1. a) B AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 5 ) Pages Parcel No. 182305-9074 Grantor(s): SLE Enterprises LLC Grantee(s): City of Renton Legal Description: Ptn SE 1/4 NW1/4 Gov Lot 4 Section 18-23-5 Assessor’s Tax Parcel Number: 182305-9074 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between SLE Enterprises, LLC, a Washington limited liability company, (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, does hereby grant to the City, a 126 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit “A”, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 2 of ( 5 ) Pages Parcel No. 182305-9074 The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a) The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b) The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 5 ) Pages Parcel No. 182305-9074 Dated: , 20___ Grantor: SLE Enterprises, LLC By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 5 ) Pages Parcel No. 182305-9074 CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 5 ) Pages Parcel No. 182305-9074 AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Parcel No. 182305-9074 Page 1 of ( 6 ) Pages Grantor(s): SLE Enterprises LLC Grantee(s): City of Renton Legal Description: Ptn SE 1/4 NW1/4 Gov Lot 4 Section 18-23-5 Assessor’s Tax Parcel Number: 182305-9074 Reference Number of Related Documents: N/A UTILITY EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project The Grantor(s), SLE Enterprises, LLC, a Washington limited liability company, for and in consideration of $10.00 and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant(s) and convey(s) unto the City of Renton, a municipal corporation, and its successors and assigns (the Grantee), a utility easement, for the purposes described below, over, in, on, along, across, through, below and upon, the property legally described in Exhibit “A”, (the “Utility Easement”) and depicted in Exhibit “B”, which are attached hereto and incorporated by this reference. The Grantee and its agents, designees and/or assigns, shall have the right at such times as deemed necessary by Grantee, to enter upon, over, under and across the Utility Easement to inspect, construct, reconstruct, grade, operate, use, maintain, repair, replace and enlarge the utilities contained within the easement area for all public purposes, including but not limited to, grade, street lights, utilities (including without limitation water, sewer, storm water, electric, gas, telecommunications, cable and fiber optics, either owned or operated by Grantee or those utilities which provide service to Grantee or its citizens and are operated by permission of Grantee through franchise or permit), together with the right of ingress and egress thereto without prior institution of any suit or proceedings and without incurring any legal obligation or liability therefore. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9074 Page 2 of ( 6 ) Pages THIS EASEMENT is executed and delivered and said easement is granted upon the following conditions to wit: 1. Grantee, its agents and employees, assigns and successors shall, as soon as practicable, after installation of the utilities and all subsequent alterations and repairs thereto, restore all property to the Grantor to a neat and presentable condition. 2. Grantor shall not interfere in any manner with the easement rights granted to Grantee and the public in this Utility Easement. Without limitation, Grantor shall not (1) erect or maintain any buildings, structures, or improvements within the Utility Easement; (2) disturb the lateral or subjacent support of the utilities and other improvements and uses of the Utility Easement by Grantee, or undertake any form of construction or other activity that may disturb or damage the utilities, or other improvements or uses of the Utility Easement by Grantee; or (3) plant trees, shrubs, or other vegetation having deep root patterns that may cause damage to or interfere with the use of the utilities. 3. The rights granted herein shall not be construed to interfere with or restrict the Grantor, its heirs, executors, administrators, successors and assigns from the use of the Property outside of the Easement Area for the construction and maintenance of property improvements outside of the Easement Area. 4. This Utility Easement and the rights, obligations and covenants stated in this Utility Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Utility Easement shall be recorded with the King County Recorder’s Office. 5. It is understood and agreed that delivery of this Utility Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Renton unless and until approved hereon in writing by City of Renton. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9074 Page 3 of ( 6 ) Pages Dated: , 20___. Grantor: SLE Enterprises, LLC By _____________________________________ Its Accepted and Approved City of Renton By Its Date AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9074 Page 4 of ( 6 ) Pages CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9074 Page 5 of ( 6 ) Pages AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9074 Page 6 of ( 6 ) Pages AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 5 ) Pages Parcel No. 182305-9082 Grantor(s): Autozone Development Corporation Grantee(s): City of Renton Legal Description: Ptn of Lot Ptn of Lot C, CITY OF RENTON, LLA NO. LUA-10-022-LLA, LND-30- 0355, REC NO. 20100907900001, BEING PTN. GOVT LT 4, SEC 18-23-5E, W.M. Assessor’s Tax Parcel Number: 182305-9082 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between Autozone Development Corporation, a Nevada Corporation, (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, does hereby grant to the City, a 3,306 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit “A”, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 2 of ( 5 ) Pages Parcel No. 182305-9082 The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a) The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b) The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 5 ) Pages Parcel No. 182305-9082 Dated: , 20___ Grantor: Autozone Development Corporation By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 5 ) Pages Parcel No. 182305-9082 CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 5 ) Pages Parcel No. 182305-9082 AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Parcel No. 182305-9082 Page 1 of ( 6 ) Pages Grantor(s): Autozone Development Corporation Grantee(s): City of Renton Legal Description: Ptn of Lot C, CITY OF RENTON, LLA NO. LUA-10-022-LLA, LND-30-0355, REC NO. 20100907900001, BEING PTN. GOVT LT 4, SEC 18-23-5E, W.M. Assessor’s Tax Parcel Number: 182305-9082 Reference Number of Related Documents: N/A UTILITY EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project The Grantor(s), Autozone Development Corporation, a Nevada Corporation, for and in consideration of $10.00 and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant(s) and convey(s) unto the City of Renton, a municipal corporation, and its successors and assigns (the Grantee), a utility easement, for the purposes described below, over, in, on, along, across, through, below and upon, the property legally described in Exhibit “A”, (the “Utility Easement”) and depicted in Exhibit “B”, which are attached hereto and incorporated by this reference. The Grantee and its agents, designees and/or assigns, shall have the right at such times as deemed necessary by Grantee, to enter upon, over, under and across the Utility Easement to inspect, construct, reconstruct, grade, operate, use, maintain, repair, replace and enlarge the utilities contained within the easement area for all public purposes, including but not limited to, grade, street lights, utilities (including without limitation water, sewer, storm water, electric, gas, telecommunications, cable and fiber optics, either owned or operated by Grantee or those utilities which provide service to Grantee or its citizens and are operated by permission of Grantee through franchise or permit), together with the right of ingress and egress thereto without prior institution of any suit or proceedings and without incurring any legal obligation AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9082 Page 2 of ( 6 ) Pages or liability therefore. THIS EASEMENT is executed and delivered and said easement is granted upon the following conditions to wit: 1. Grantee, its agents and employees, assigns and successors shall, as soon as practicable, after installation of the utilities and all subsequent alterations and repairs thereto, restore all property to the Grantor to a neat and presentable condition. 2. Grantor shall not interfere in any manner with the easement rights granted to Grantee and the public in this Utility Easement. Without limitation, Grantor shall not (1) erect or maintain any buildings, structures, or improvements within the Utility Easement; (2) disturb the lateral or subjacent support of the utilities and other improvements and uses of the Utility Easement by Grantee, or undertake any form of construction or other activity that may disturb or damage the utilities, or other improvements or uses of the Utility Easement by Grantee; or (3) plant trees, shrubs, or other vegetation having deep root patterns that may cause damage to or interfere with the use of the utilities. 3. The rights granted herein shall not be construed to interfere with or restrict the Grantor, its heirs, executors, administrators, successors and assigns from the use of the Property outside of the Easement Area for the construction and maintenance of property improvements outside of the Easement Area. 4. This Utility Easement and the rights, obligations and covenants stated in this Utility Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Utility Easement shall be recorded with the King County Recorder’s Office. 5. It is understood and agreed that delivery of this Utility Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Renton unless and until approved hereon in writing by City of Renton. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9082 Page 3 of ( 6 ) Pages Dated: , 20___. Grantor: Autozone Development Company By _____________________________________ Its Accepted and Approved City of Renton By Its Date AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9082 Page 4 of ( 6 ) Pages CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9082 Page 5 of ( 6 ) Pages AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9082 Page 6 of ( 6 ) Pages AGENDA ITEM #1. a) Parcel No. 182305-9011 1 After Recording, Return to: City of Renton City Clerk’s Office 1055 S. Grady Way Renton, WA 98057 STATUTORY WARRANTY DEED Grantors: KRW Investment Holdings, LLC, a Washington Limited Liability Company Grantee: City of Renton, a municipal corporation of the State of Washington Abbreviated Legal Description: Ptn of Lot Ptn of Lot A, City of Renton LLA LUA-10- 022-LAA, LND-30-0355, Rec No. 2010090790001 Additional Legal(s) Exhibit A Assessor’s Tax Parcel ID#: 1823059011 Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project THE GRANTOR(S), KRW Investment Holdings, LLC, a Washington Limited Liability Company, for and in consideration of sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, hereby convey(s) and warrant(s) to the City of Renton, a Washington municipal corporation of the State of Washington, its successors and assigns, for the use of the public, the real property described in attached Exhibit A and depicted in attached Exhibit B, situated in the City of Renton, in King County, Washington. Also, the Grantor requests the Assessor and Treasurer of said County to set over to the remainder of Tax Parcel No. 1823059011, the lien of all unpaid taxes, if any, affecting the real estate herein conveyed, as provided by RCW 84.60.070. AGENDA ITEM #1. a) Parcel No. 182305-9011 2 DATED this day of , 2021. GRANTOR: KRW Investment Holdings, LLC By: ______________________________ (Corporation) STATE OF WASHINGTON } } SS. COUNTY OF KING } I certify that I know or have satisfactory evidence that ______________________ is the person who appeared before me, and said person acknowledged that she/he signed this instrument, on oath stated that she/he is authorized to execute the instrument and acknowledged it as the _______________________ of __________________________, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: Signature: Notary Public in and for the State of Washington Notary (print name): Residing at: ACCEPTED BY: CITY OF RENTON a Municipal Corporation of the State of Washington By: Date: AGENDA ITEM #1. a) EXHIBIT PARCEL NO. 182305-9011 RIGHT OF WAY ACQUISITION THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL ''A" LYING EASTERLY AND NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID PARCEL ''A" AND A LINE THAT IS 47. 00 FEET WESTERLY OF AND PARALLEL WITH THE CENTERLINE OF RAINIER AVENUE SOUTH; THENCE NORTHERLY ALONG SAID PARALLEL LINE ON A CURVE TO THE LEFT, WHOSE CENTER BEARS NORTH 89 ° 30' 33" WEST, 5683.00 FEET, AN ARC DISTANCE OF 190.06 FEET; THENCE NORTH 52 ° 54' 42" WEST, 23. 14 FEET TO THE SOUTHERLY MARGIN OF SOUTHWEST VICTORIA STREET AND TERMINUS OF SAID LINE DESCRIPTION. CONTAINING 1,010 SQUARE FEET, MORE OR LESS. PARCEL ''A": (PER TICOR TITLE COMPANY ORDER NO. 70047222, DA TED APRIL 25, 2016) LOT A, CITY OF RENTON LOT LINE ADJUSTMENT NUMBER LUA-10-022-LLA, RECORDED UNDER RECORDING NUMBER 20100907900001, SAID LOT LINE ADJUSTMENT BEING A RECONFIGURA T/ON OF PORTIONS OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, AND OF GOVERNMENT LOT 4, IN SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WM., IN KING COUNTY, WASHINGTON. 25 ROW.DOCX Page 1 of 1 :ICPG- T/\co1v1A· SEATTLE A AGENDA ITEM #1. a) B AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 5 ) Pages Parcel No. 182305-9011 Grantor(s): KRW Investment Holdings, LLC Grantee(s): City of Renton Legal Description: Ptn of Lot Ptn of Lot A, City of Renton LLA LUA-10-022-LAA, LND-30-0355, Rec No. 2010090790001 Assessor’s Tax Parcel Number: 182305-9011 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between KRW Investment Holdings, LLC, a Washington Limited Liability Company (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, does hereby grant to the City, a 3,851 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit “A”, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 2 of ( 5 ) Pages Parcel No. 182305-9011 The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a) The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b) The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 5 ) Pages Parcel No. 182305-9011 Dated: , 20___ Grantor: KRW Investment Holdings, LLC By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 5 ) Pages Parcel No. 182305-9011 CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 5 ) Pages Parcel No. 182305-9011 AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Parcel No. 182305-9011 Page 1 of ( 7 ) Pages Grantor(s): KRW Investment Holdings, LLC Grantee(s): City of Renton Legal Description: Ptn of Lot A, City of Renton LLA LUA-10-022-LAA, LND-30-0355, Rec No. 2010090790001 Assessor’s Tax Parcel Number: 182305-9011 Reference Number of Related Documents: N/A UTILITY/WALL EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project The Grantor(s), KRW Investment Holdings, LLC, a Washington Limited Liability Company, for and in consideration of $10.00 and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant(s) and convey(s) unto the City of Renton, a municipal corporation, and its successors and assigns (the Grantee), a utility/wall easement, for the purposes described below, over, in, on, along, across, through, below and upon, the property legally described in Exhibit “A”, (the “Utility/Wall Easement”) and depicted in Exhibit “B”, which are attached hereto and incorporated by this reference. The Grantee and its agents, designees and/or assigns, shall have the right at such times as deemed necessary by Grantee, to enter upon, over, under and across the Utility/Wall Easement to inspect, construct, reconstruct, grade, operate, use, maintain, repair, replace and enlarge the utilities contained within the easement area for all public purposes, including but not limited to, grade, street lights, utilities (including without limitation water, sewer, storm water, electric, gas, telecommunications, cable and fiber optics, either owned or operated by Grantee or those utilities which provide service to Grantee or its citizens and are operated by permission of Grantee through franchise or permit), and for the purpose of constructing a retaining wall, and appurtenant work in any part of the easement, including the right to repair, AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/WALL EASEMENT Parcel No. 182305-9011 Page 2 of ( 7 ) Pages replace and maintain the retaining wall, and for any reconstruction of such facilities within the area of the easement together with the right of ingress and egress thereto without prior institution of any suit or proceedings and without incurring any legal obligation or liability therefore. THIS EASEMENT is executed and delivered and said easement is granted upon the following conditions to wit: 1. Grantee, its agents and employees, assigns and successors shall, as soon as practicable, after installation of the utilities, construction of the retaining wall and all subsequent alterations and repairs thereto, restore all property to the Grantor to a neat and presentable condition. 2. Grantor shall not interfere in any manner with the easement rights granted to Grantee and the public in this Utility/Wall Easement. Without limitation, Grantor shall not (1) erect or maintain any buildings, structures, or improvements within the Utility/Wall Easement; (2) disturb the lateral or subjacent support of the utilities and other improvements and uses of the Utility/Wall Easement by Grantee, or undertake any form of construction or other activity that may disturb or damage the utilities, or other improvements or uses of the Utility/Wall Easement by Grantee; or (3) plant trees, shrubs, or other vegetation having deep root patterns that may cause damage to or interfere with the use of the utilities. It is understood by the Grantor that the retaining wall constructed hereunder shall, in every respect be a public retaining wall and all the property abutting thereon shall have a right to connect therewith under the same conditions as if the retaining wall were a public street. The Grantee, or any abutting property owners upon permit from the Grantee, shall have the right at all times to enter upon the Easement Area and the retaining wall as if it were in a public street; and the Grantee, or any abutting property owners upon permit from the Grantee, shall have the right at all times to enter upon the Easement Area for the purpose of making any necessary repairs to or renewals or replacemnts of the retaining wall. 3. The rights granted herein shall not be construed to interfere with or restrict the Grantor, its heirs, executors, administrators, successors and assigns from the use of the Property outside of the Easement Area for the construction and maintenance of property improvements outside of the Easement Area so long as the same are to constructed as not to impair the strength or stability of, or interfere with the use and maintenance of, said retaining wall. 4. This Utility/Wall Easement and the rights, obligations and covenants stated in this Utility/Wall Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Utility/Wall Easement shall be recorded with the King County Recorder’s Office. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/WALL EASEMENT Parcel No. 182305-9011 Page 3 of ( 7 ) Pages 5. It is understood and agreed that delivery of this Utility/Wall Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Renton unless and until approved hereon in writing by City of Renton. Dated: , 20___. Grantor: KRW Investment Holdings, LLC By _____________________________________ Its Accepted and Approved City of Renton By Its Date AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/WALL EASEMENT Parcel No. 182305-9011 Page 4 of ( 7 ) Pages CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/WALL EASEMENT Parcel No. 182305-9011 Page 5 of ( 7 ) Pages AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/WALL EASEMENT Parcel No. 182305-9011 Page 6 of ( 7 ) Pages AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/WALL EASEMENT Parcel No. 182305-9011 Page 7 of ( 7 ) Pages AGENDA ITEM #1. a) Parcel No. 1823059163 1 After Recording, Return to: City of Renton City Clerk’s Office 1055 S. Grady Way Renton, WA 98057 STATUTORY WARRANTY DEED Grantors: Yubing Liang-Mayton, As her separate estate Grantee: City of Renton, a municipal corporation of the State of Washington Abbreviated Legal Description: Ptn of Gov Lot 4, SEC 18-23-5E, W.M. Additional Legal(s) Exhibit A Assessor’s Tax Parcel ID#: 1823059163 Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project THE GRANTOR(S), Yubing Liang-Mayton, as her separate estate, for and in consideration of sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, hereby convey(s) and warrant(s) to the City of Renton, a Washington municipal corporation of the State of Washington, its successors and assigns, for the use of the public, the real property described in attached Exhibit A and depicted in attached Exhibit B, situated in the City of Renton, in King County, Washington. Also, the Grantor requests the Assessor and Treasurer of said County to set over to the remainder of Tax Parcel No. 1823059163, the lien of all unpaid taxes, if any, affecting the real estate herein conveyed, as provided by RCW 84.60.070. AGENDA ITEM #1. a) Parcel No. 1823059163 2 DATED this day of , 2021. GRANTOR: Yubing Liang-Mayton By: ______________________________ (Individual) STATE OF WASHINGTON } } SS. COUNTY OF KING } I hereby certify that I know or have satisfactory evidence that ____________________, is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it to be his/her free and voluntary, act for the uses and purposes mentioned in this instrument. Dated: Signature: Notary Public in and for the State of Washington Notary (print name): Residing at: ACCEPTED BY: CITY OF RENTON a Municipal Corporation of the State of Washington By: Date: AGENDA ITEM #1. a) EXHIBIT PARCEL NO. 182305-9163 RIGHT OF WAY ACQUISITION THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A" DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL ''A", SAID CORNER ALSO BEING THE INTERSECTION OF THE NORTHERLY MARGIN OF SOUTHWEST VICTORIA STREET AND THE WESTERLY MARGIN OF HA YES PLACE SOUTHWEST; THENCE NORTH 87° 22' 07" WEST ALONG SAID NORTHERLY MARGIN OF SOUTHWEST VICTORIA STREET, 10.51 FEET; THENCE EASTERLY, NORTHEASTERLY, AND NORTHERLY ON A CURVE TO THE LEFT WHOSE CENTER BEARS NORTH 02° 37' 53" EAST, 8.00 FEET, AN ARC DISTANCE OF 14.90 FEET TO SAID WESTERLY MARGIN OF HA YES PLACE SOUTHWEST; THENCE SOUTHERLY ALONG SAID WESTERLY MARGIN OF HA YES PLACE SOUTHWEST ON A CURVE TO THE RIGHT WHOSE CENTER BEARS SOUTH 75 ° 53' 21" WEST, 236.94 FEET, AN ARC DISTANCE OF 10.69 FEET TO THE POINT OF BEGINNING. CONTAINING 26 SQUARE FEET, MORE OR LESS. PARCEL "A": (PER TICOR TITLE COMPANY ORDER NO. 70047231, DATED APRIL 28, 2016) PORTIONS OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND GOVERNMENT LOT 4 IN SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WM., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT INTERSECTION OF THE NORTHERLY LINE OF VACATED RENTON AVENUE, FORMERLY KNOWN AS GOODWIN ROAD, VACATED BY THE BOARD OF KING COUNTY COMMISSIONERS JANUARY 14, 1946, AS DESCRIBED IN COMMISSIONERS RECORDS VOLUME 44, PAGE 22, WITH THE SOUTHWESTERLY LINE OF 91 ST PLACE SOUTH, FORMERLY KNOWN AS D C MITCHELL EXTENSION ROAD; THENCE SOUTH 41 °28'50" EAST ALONG THE SOUTHWESTERLY LINE OF SAID 91 ST PLACE EXTENSION, SOUTH 71.94 FEET; THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE, FOLLOWING CURVE TO THE RIGHT HAVING A RADIUS OF 236.94 FEET, A DISTANCE OF 10. 79 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE ALONG SAID CURVE TO RIGHT A DISTANCE OF 104.10 FEET TO THE NORTH LINE OF SOUTH 133RD PLACE; THENCE ALONG SAID NORTH LINE SOUTH 89 °47'45" WEST 114.24 FEET,· THENCE NORTH 4 °26' 15'' WEST 56.03 FEE'r to A POINT PROM WHICH THE TRUE POINT OF BEGINNING BEARS NORTH 62°59'45" EAST A DISTANCE OF 81.77 FEET; THENCE NORTH 62°59'45" EAST 81. 77 FEET TO THE TRUE POINT OF BEGINNING. 26 ROWDOCX Page 1 of1 :K.PG- TAcoMA· SEATTLE A AGENDA ITEM #1. a) B AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 5 ) Pages Parcel No. 182305-9163 Grantor(s): Yubing Liang-Mayton Grantee(s): City of Renton Legal Description: Ptn of Gov Lot 4, SEC 18-23-5E, W.M. Assessor’s Tax Parcel Number: 182305-9163 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between Yubing Liang-Mayton, as her separate estate (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, does hereby grant to the City, a 120 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit “A”, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 2 of ( 5 ) Pages Parcel No. 182305-9163 The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a) The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b) The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 5 ) Pages Parcel No. 182305-9163 Dated: , 20___ Grantor: Yubing Liang-Mayton By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 5 ) Pages Parcel No. 182305-9163 INDIVIDUAL ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ On this day personally appeared before me Yubing Liang-Mayton, to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 5 ) Pages Parcel No. 182305-9163 AGENDA ITEM #1. a) Parcel No. 420440026 1 After Recording, Return to: City of Renton City Clerk’s Office 1055 S. Grady Way Renton, WA 98057 STATUTORY WARRANTY DEED Grantors: Kranz Rainier Avenue Properties, LLC, a Washington Limited Liability Company Organized by Grantors Grantee: City of Renton, a municipal corporation of the State of Washington Abbreviated Legal Description: Ptn of Block 53, N.H. Latimer's Lake Washington Plat Additional Legal(s) Exhibit A Assessor’s Tax Parcel ID#: 4204400261 Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project THE GRANTOR(S), Kranz Rainier Avenue Properties, LLC, a Washington Limited Liability Company Organized by Grantors, for and in consideration of sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, hereby convey(s) and warrant(s) to the City of Renton, a Washington municipal corporation of the State of Washington, its successors and assigns, for the use of the public, the real property described in attached Exhibit A and depicted in attached Exhibit B, situated in the City of Renton, in King County, Washington. Also, the Grantor requests the Assessor and Treasurer of said County to set over to the remainder of Tax Parcel No. 4204400261, the lien of all unpaid taxes, if any, affecting the real estate herein conveyed, as provided by RCW 84.60.070. AGENDA ITEM #1. a) Parcel No. 420440026 2 DATED this day of , 2021. GRANTOR: Kranz Rainier Avenue Properties LLC By: ______________________________ (Corporation) STATE OF WASHINGTON } } SS. COUNTY OF KING } I certify that I know or have satisfactory evidence that ______________________ is the person who appeared before me, and said person acknowledged that she/he signed this instrument, on oath stated that she/he is authorized to execute the instrument and acknowledged it as the _______________________ of __________________________, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: Signature: Notary Public in and for the State of Washington Notary (print name): Residing at: ACCEPTED BY: CITY OF RENTON a Municipal Corporation of the State of Washington By: Date: AGENDA ITEM #1. a) EXHIBIT PARCEL NO. 420440-0261 RIGHT OF WAY ACQUISITION THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL'�" DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL '�", SAID CORNER ALSO BEING ON THE WESTERLY MARGIN OF RAINIER AVENUE SOUTH; THENCE NORTH 88° 47' 25" WEST ALONG THE NORTH LINE OF SAID PARCEL '�", 2.60 FEET TO A LINE THAT IS 45.00 FEET WESTERLY OF AND PARALLEL WITH THE CENTERLINE OF SAID RAINIER AVENUE SOUTH; THENCE SOUTHERLY ALONG SAID PARALLEL LINE ON A CURVE TO THE LEFT WHOSE CENTER BEARS NORTH 84 ° 03' 31" EAST, 5775.00 FEET, AN ARC DISTANCE OF 19.01 FEET TO SAID WESTERLY MARGIN OF RAINIER AVENUE SOUTH; THENCE NORTH 01 ° 48' 37" EAST ALONG SAID WESTERLY MARGIN OF RAINIER AVENUE SOUTH, 18.86 FEET TO THE POINT OF BEGINNING. CONTAINING 25 SQUARE FEET, MORE OR LESS. PARCEL "A": (PER TICOR TITLE COMPANY ORDER NO. 70047247, DATED MAY 120, 2016) THAT PORTION OF THE NORTH 130 FEET OF BLOCK 53, N.H. LA TIMER'S LAKE WASHINGTON PLAT, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 6 OF PLATS, PAGE 70, IN KING COUNTY, WASHINGTON, AS MEASURED ALONG THE EAST LINE OF SAID BLOCK, LYING EASTERLY OF 91 ST PLACE SOUTH; TOGETHER WITH THE SOUTH HALF OF THAT PORTION OF VACATED SOUTH 130TH STREET ADJOINING SAID BLOCK 53 ON THE NORTH, LYING BETWEEN THE EASTERLY LINE OF 91ST PLACE SOUTH AND THE EAST LINE OF SAID BLOCK 53 PRODUCED NORTHERLY; EXCEPT THAT PORTION, IF ANY, OF SAID VACATED STREET WITHIN PRIMARY STATE HIGHWAY NO. 5. S"-)Cf-20 35 ROWDOCX Page 1 of1 ::KPG- TAcoMA• SEATTLE A AGENDA ITEM #1. a) B AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 6 ) Pages Parcel Nos. 420440-0261 & 420440-0262 Grantor(s): Kranz Rainier Avenue Properties, LLC Grantee(s): City of Renton Legal Description: Ptn of Block 53, N.H. Latimer's Lake Washington Plat Assessor’s Tax Parcel Numbers: 420440-0261 and 420440-0262 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between Kranz Rainier Avenue Properties, LLC, a Washington Limited Liability Company Organized by Grantors, (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, does hereby grant to the City, a 2,849 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit “A”, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 2 of ( 6 ) Pages Parcel Nos. 420440-0261& 420440-0262 by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a) The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b) The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 6 ) Pages Parcel Nos. 420440-0261& 420440-0262 Dated: , 20___ Grantor: Kranz Rainier Avenue Properties LLC By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 6 ) Pages Parcel Nos. 420440-0261& 420440-0262 CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 6 ) Pages Parcel Nos. 420440-0261& 420440-0262 AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 6 of ( 6 ) Pages Parcel Nos. 420440-0261& 420440-0262 AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Parcel No. 420440-0261 Page 1 of ( 6 ) Pages Grantor(s): Kranz Rainier Avenue Properties, LLC Grantee(s): City of Renton Legal Description: Ptn of Block 53, N.H. Latimer's Lake Washington Plat Assessor’s Tax Parcel Number: 420440-0261 Reference Number of Related Documents: N/A UTILITY EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project The Grantor(s), Kranz Rainier Avenue Properties, LLC, a Washington Limited Liability Company Organized by Grantors, for and in consideration of $10.00 and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant(s) and convey(s) unto the City of Renton, a municipal corporation, and its successors and assigns (the Grantee), a utility easement, for the purposes described below, over, in, on, along, across, through, below and upon, the property legally described in Exhibit “A”, (the “Utility Easement”) and depicted in Exhibit “B”, which are attached hereto and incorporated by this reference. The Grantee and its agents, designees and/or assigns, shall have the right at such times as deemed necessary by Grantee, to enter upon, over, under and across the Utility Easement to inspect, construct, reconstruct, grade, operate, use, maintain, repair, replace and enlarge the utilities contained within the easement area for all public purposes, including but not limited to, grade, street lights, utilities (including without limitation water, sewer, storm water, electric, gas, telecommunications, cable and fiber optics, either owned or operated by Grantee or those utilities which provide service to Grantee or its citizens and are operated by permission of Grantee through franchise or permit), together with the right of ingress and egress thereto without prior institution of any suit or proceedings and without incurring any legal obligation or liability therefore. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 420440-0261 Page 2 of ( 6 ) Pages THIS EASEMENT is executed and delivered and said easement is granted upon the following conditions to wit: 1. Grantee, its agents and employees, assigns and successors shall, as soon as practicable, after installation of the utilities and all subsequent alterations and repairs thereto, restore all property to the Grantor to a neat and presentable condition. 2. Grantor shall not interfere in any manner with the easement rights granted to Grantee and the public in this Utility Easement. Without limitation, Grantor shall not (1) erect or maintain any buildings, structures, or improvements within the Utility Easement; (2) disturb the lateral or subjacent support of the utilities and other improvements and uses of the Utility Easement by Grantee, or undertake any form of construction or other activity that may disturb or damage the utilities, or other improvements or uses of the Utility Easement by Grantee; or (3) plant trees, shrubs, or other vegetation having deep root patterns that may cause damage to or interfere with the use of the utilities. 3. The rights granted herein shall not be construed to interfere with or restrict the Grantor, its heirs, executors, administrators, successors and assigns from the use of the Property outside of the Easement Area for the construction and maintenance of property improvements outside of the Easement Area. 4. This Utility Easement and the rights, obligations and covenants stated in this Utility Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Utility Easement shall be recorded with the King County Recorder’s Office. 5. It is understood and agreed that delivery of this Utility Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Renton unless and until approved hereon in writing by City of Renton. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 420440-0261 Page 3 of ( 6 ) Pages Dated: , 20___. Grantor: Kranz Rainier Avenue Properties LLC By _____________________________________ Its Accepted and Approved City of Renton By Its Date AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 420440-0261 Page 4 of ( 6 ) Pages CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 420440-0261 Page 5 of ( 6 ) Pages AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 420440-0261 Page 6 of ( 6 ) Pages AGENDA ITEM #1. a) Parcel No. 4204400225 1 After Recording, Return to: City of Renton City Clerk’s Office 1055 S. Grady Way Renton, WA 98057 STATUTORY WARRANTY DEED Grantors: Precision Motors, LLC, a Washington Limited Liability Company Grantee: City of Renton, a municipal corporation of the State of Washington Abbreviated Legal Description: Ptn BLOCK 48 NH LATIMERS LAKE WASHINGTON PLAT Additional Legal(s) Exhibit A Assessor’s Tax Parcel ID#: 4204400225 Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project THE GRANTOR(S), Precision Motors, LLC, a Washington Limited Liability Company, for and in consideration of sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, hereby convey(s) and warrant(s) to the City of Renton, a Washington municipal corporation of the State of Washington, its successors and assigns, for the use of the public, the real property described in attached Exhibit A and depicted in attached Exhibit B, situated in the City of Renton, in King County, Washington. Also, the Grantor requests the Assessor and Treasurer of said County to set over to the remainder of Tax Parcel No. 4204400225, the lien of all unpaid taxes, if any, affecting the real estate herein conveyed, as provided by RCW 84.60.070. AGENDA ITEM #1. a) Parcel No. 4204400225 2 DATED this day of , 2021. GRANTOR: Precision Motors, LLC By: ______________________________ (Corporation) STATE OF WASHINGTON } } SS. COUNTY OF KING } I certify that I know or have satisfactory evidence that ______________________ is the person who appeared before me, and said person acknowledged that she/he signed this instrument, on oath stated that she/he is authorized to execute the instrument and acknowledged it as the _______________________ of __________________________, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: Signature: Notary Public in and for the State of Washington Notary (print name): Residing at: ACCEPTED BY: CITY OF RENTON a Municipal Corporation of the State of Washington By: Date: AGENDA ITEM #1. a) EXHIBIT PARCEL NO. 420440-0225 RIGHT OF WAY ACQUISITION THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL ''A" LYING EASTERLY OF A LINE THAT JS 45.00 FEET WESTERLY OF AND PARALLEL WITH THE CENTERLINE OF RAINIER AVENUE SOUTH. CONTAINING 802 SQUARE FEET, MORE OR LESS. PARCEL ''A": (PER T/COR TITLE COMPANY ORDER NO. 70047245, DATED MAY 10, 2016) THAT PORTION OF BLOCK 48, N.H. LA TIMER'S LAKE WASHINGTON PLAT, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 6 OF PLATS, PAGE 70, IN KING COUNTY, WASHINGTON, AND OF VACATED SOUTH 130TH STREET, FORMERLY JUDSON STREET, ADJOINING DESCRIBED AS FOLLOWS: BEGINNING AT INTERSECTION OF CENTER LINE OF SOUTH 130TH STREET WITH WESTERLY LINE OF PRESENT PRIMARY STATE HIGHWAY NO. 5; THENCE NORTHERLY ALONG SAID WESTERLY LINE TO ITS INTERSECT/ON WITH THE EASTERLY LINE OF 91ST PLACE SOUTH, FORMERLY RAINIER BOULEVARD; THENCE SOUTHERLY ALONG SAID EASTERLY LINE TO SAID CENTER LINE OF SOUTH 130TH STREET; THENCE EAST ALONG SAID CENTER LINE TO BEGINNING. 4 -Z°l-2-0 36ROW.DOCX Page 1 of 1 :K'.PG- TAcoMA· SEATTLE A AGENDA ITEM #1. a) B AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 5 ) Pages Parcel No. 420440-0225 Grantor(s): Precision Motors, LLC Grantee(s): City of Renton Legal Description: Ptn BLOCK 48 NH LATIMERS LAKE WASHINGTON PLAT Assessor’s Tax Parcel Number: 420440-0225 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between Precision Motors, LLC, a Washington Limited Liability Company (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, does hereby grant to the City, a 856 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit “A”, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 2 of ( 5 ) Pages Parcel No. 420440-0225 The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a) The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b) The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 5 ) Pages Parcel No. 420440-0225 Dated: , 20___ Grantor: Precision Motors, LLC By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 5 ) Pages Parcel No. 420440-0225 CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 5 ) Pages Parcel No. 420440-0225 AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Parcel No. 420440-0225 Page 1 of ( 6 ) Pages Grantor(s): Precision Motors, LLC Grantee(s): City of Renton Legal Description: Ptn BLOCK 48 NH LATIMERS LAKE WASHINGTON PLAT Assessor’s Tax Parcel Number: 420440-0225 Reference Number of Related Documents: N/A UTILITY EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project The Grantor(s), Precision Motors, LLC, a Washington Limited Liability Company, for and in consideration of $10.00 and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant(s) and convey(s) unto the City of Renton, a municipal corporation, and its successors and assigns (the Grantee), a utility easement, for the purposes described below, over, in, on, along, across, through, below and upon, the property legally described in Exhibit “A”, (the “Utility Easement”) and depicted in Exhibit “B”, which are attached hereto and incorporated by this reference. The Grantee and its agents, designees and/or assigns, shall have the right at such times as deemed necessary by Grantee, to enter upon, over, under and across the Utility Easement to inspect, construct, reconstruct, grade, operate, use, maintain, repair, replace and enlarge the utilities contained within the easement area for all public purposes, including but not limited to, grade, street lights, utilities (including without limitation water, sewer, storm water, electric, gas, telecommunications, cable and fiber optics, either owned or operated by Grantee or those utilities which provide service to Grantee or its citizens and are operated by permission of Grantee through franchise or permit), together with the right of ingress and egress thereto without prior institution of any suit or proceedings and without incurring any legal obligation or liability therefore. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 420440-0225 Page 2 of ( 6 ) Pages THIS EASEMENT is executed and delivered and said easement is granted upon the following conditions to wit: 1. Grantee, its agents and employees, assigns and successors shall, as soon as practicable, after installation of the utilities and all subsequent alterations and repairs thereto, restore all property to the Grantor to a neat and presentable condition. 2. Grantor shall not interfere in any manner with the easement rights granted to Grantee and the public in this Utility Easement. Without limitation, Grantor shall not (1) erect or maintain any buildings, structures, or improvements within the Utility Easement; (2) disturb the lateral or subjacent support of the utilities and other improvements and uses of the Utility Easement by Grantee, or undertake any form of construction or other activity that may disturb or damage the utilities, or other improvements or uses of the Utility Easement by Grantee; or (3) plant trees, shrubs, or other vegetation having deep root patterns that may cause damage to or interfere with the use of the utilities. 3. The rights granted herein shall not be construed to interfere with or restrict the Grantor, its heirs, executors, administrators, successors and assigns from the use of the Property outside of the Easement Area for the construction and maintenance of property improvements outside of the Easement Area. 4. This Utility Easement and the rights, obligations and covenants stated in this Utility Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Utility Easement shall be recorded with the King County Recorder’s Office. 5. It is understood and agreed that delivery of this Utility Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Renton unless and until approved hereon in writing by City of Renton. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 420440-0225 Page 3 of ( 6 ) Pages Dated: , 20___. Grantor: Precision Motors, LLC By _____________________________________ Its Accepted and Approved City of Renton By Its Date AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 420440-0225 Page 4 of ( 6 ) Pages CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 420440-0225 Page 5 of ( 6 ) Pages AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 420440-0225 Page 6 of ( 6 ) Pages AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 5 ) Pages Parcel No. 420440-0210 Grantor(s): Florinel & Antonela Polotanu Grantee(s): City of Renton Legal Description: Ptn of Blk 48, N.H. Latimer’s Lake Washington Plat, Vol. 6, P. 70, King County also Known as Lot 2, LLA No. LLA-018-80, Rec. 8012160467 Assessor’s Tax Parcel Number: 420440-0210 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between Florinel Polotanu, who also appears of record as Florin Polotanu and Florinel F. Polotanu and Antonela Polotanu, husband and wife (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, does hereby grant to the City, a 456 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit “A”, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. Page 2 of ( 5 ) Pages Parcel No. 420440-0210 TEMPORARY CONSTRUCTION EASEMENT by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a)The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b)The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 5 ) Pages Parcel No. 420440-0210 Dated: , 20___ Grantor: Florinel Polotanu By Its Accepted and Approved City of Renton By Its Date INDIVIDUAL ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ On this day personally appeared before me ______________________________________, to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 5 ) Pages Parcel No. 420440-0210 Grantor: Antonela Polotanu By Its Accepted and Approved City of Renton By Its Date INDIVIDUAL ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ On this day personally appeared before me ______________________________________, to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 5 ) Pages Parcel No. 420440-0210 AGENDA ITEM #1. a) Parcel Nos. 182305-9071; 000720-0199; 000720-0004 1 After Recording, Return to: City of Renton City Clerk’s Office 1055 S. Grady Way Renton, WA 98057 STATUTORY WARRANTY DEED Grantors: Safeway Inc., a Delaware corporation ACI Real Estate SPE 138, LLC, a Delaware limited liability company Grantee: City of Renton, a municipal corporation of the State of Washington Abbreviated Legal Description: Ptn of HH Tobin Donation Claim No. 37, Ptn Tr. 14 Renton Shorlands. S18 T23N R5E W.M.; Ptn of Lot 2, City of Renton Lot Line Adjustment No. LLA-010-82 under Rec. No. 8211239011; Ptn of the E ½ of S18, T23N R5E W.M. Additional Legal(s) Exhibit A Assessor’s Tax Parcel ID#: 182305-9071; 000720-0199; 000720-0004 Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project THE GRANTOR(S), Safeway Inc., a Delaware corporation, and ACI Real Estate SPE 138, LLC, a Delaware limited liability company, for and in consideration of sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, hereby convey(s) and warrant(s) to the City of Renton, a Washington municipal corporation of the State of Washington, its successors and assigns, for the use of the public, the real property described in attached Exhibit A and depicted in attached Exhibit B, situated in the City of Renton, in King County, Washington. AGENDA ITEM #1. a) Parcel Nos. 182305-9071; 000720-0199; 000720-0004 2 Also, the Grantor requests the Assessor and Treasurer of said County to set over to the remainder of Tax Parcel Nos. 182305-9071; 000720-0199; 000720-0004, the lien of all unpaid taxes, if any, affecting the real estate herein conveyed, as provided by RCW 84.60.070. DATED this day of , 2021. GRANTOR: Safeway Inc. By: ______________________________ (Corporation) STATE OF WASHINGTON } } SS. COUNTY OF KING } I certify that I know or have satisfactory evidence that ______________________ is the person who appeared before me, and said person acknowledged that she/he signed this instrument, on oath stated that she/he is authorized to execute the instrument and acknowledged it as the _______________________ of __________________________, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: Signature: Notary Public in and for the State of Washington Notary (print name): Residing at: AGENDA ITEM #1. a) Parcel Nos. 182305-9071; 000720-0199; 000720-0004 3 GRANTOR: ACI Real Estate SPE 138, LLC By: ______________________________ (Corporation) STATE OF WASHINGTON } } SS. COUNTY OF KING } I certify that I know or have satisfactory evidence that ______________________ is the person who appeared before me, and said person acknowledged that she/he signed this instrument, on oath stated that she/he is authorized to execute the instrument and acknowledged it as the _______________________ of __________________________, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: Signature: Notary Public in and for the State of Washington Notary (print name): Residing at: ACCEPTED BY: CITY OF RENTON a Municipal Corporation of the State of Washington By: Date: AGENDA ITEM #1. a) EXHIBIT PARCEL NO. 182305-9071 RIGHT OF WAY ACQUISITION THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A", DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 1 PER CITY OF RENTON LOT LINE ADJUSTMENT NO. LLA-010-82 RECORDED UNDER KING COUNTY RECORDING NUMBER 8211239011, SAID CORNER ALSO BEING THE NORTHWEST CORNER OF LOT 2 OF SAID LOT LINE ADJUSTMENT THAT ABUTS THE EASTERLY MARGIN OF RAINIER AVENUE SOUTH; THENCE SOUTH 88 ° 17' 19" EAST ALONG THE NORTH LINE OF SAID LOT 2, 19.33 FEET; THENCE SOUTHERLY ON A CURVE TO THE LEFT WHOSE CENTER BEARS NORTH 89 ° 52' 51" EAST, 676.50 FEET, AN ARC DISTANCE OF 20.02 FEET TO THE SOUTH LINE OF SAID LOT 2; THENCE NORTH 88 ° 17' 19" WEST ALONG SAID SOUTH LINE, 19.59 FEET TO SAID EASTERLY MARGIN OF RAINIER AVENUE SOUTH; THENCE ALONG SAID EASTERLY MARGIN NORTHERLY ON A CURVE TO THE RIGHT WHOSE CENTER BEARS NORTH 89 ° 01' 27" EAST, 771.17 FEET, AN ARC DISTANCE OF 20.01 FEET TO THE POINT OF BEGINNING. CONTAINING 389 SQUARE FEET, MORE OR LESS. PARCEL "A": (PER RAINIER TITLE COMPANY ORDER NO. 798553, DATED AUGUST 24, 2021) LOT 2 OF CITY OF RENTON LOT LINE ADJUSTMENT NO. LLA-010-82, OF LOT LINE ADJUSTMENT SURVEY RECORDED UNDER KING COUNTY RECORDING NO. 8211239011, BEING A PORTION OF GOVERNMENT LOT 10 AND TRACTS 10 AND 11 OF RENTON SHORELANDS 2ND SUPPLEMENTAL, ALL IN SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN; TOGETHER WITH THAT PORTION OF VACATED LAKE AVENUE SOUTH ADJOINING, PURSUANT TO CITY OF RENTON ORDINANCE NO. 4640 RECORDED UNDER RECORDING NO. 9611150135; 10-Iz.-zI 2ROWDOCX Page 1 of1 :ICPG- TAcoMA· SEATTLE A AGENDA ITEM #1. a) B AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 11 ) Pages Parcel No. 182305-9071; 000720-0199; 000720-0004 Grantor(s): Safeway Inc. ACI Real Estate SPE 138, LLC Grantee(s): City of Renton Abbreviated Legal Description: Ptn of HH Tobin Donation Claim No. 37, Ptn Tr. 14 Renton Shorlands. S18 T23N R5E W.M.; Ptn of Lot 2, City of Renton Lot Line Adjustment No. LLA-010-82 under Rec. No. 8211239011; Ptn of the E ½ of S18, T23N R5E W.M. Full Legal Description on pages: 6 – 11 Assessor’s Tax Parcel Numbers: 182305-9071; 000720-0199; 000720-0004 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between Safeway Inc., a Delaware corporation and ACI Real Estate SPE 138, LLC, a Delaware limited liability company, (collectively “Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, as owner of that certain real property described on Exhibits A-1, A-2, and A-3, does hereby grant to the City, a 340 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property and depicted on Exhibit B-1 for 182305-9071; a 1,741 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit B-2 for 000720-0199; and a 772 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit B-3 for 000720-0004, which are attached hereto and incorporated by this reference, for the purpose of completing roadway AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 2 of ( 11 ) Pages Parcel No. 182305-9071; 000720-0199; 000720-0004 improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a) The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b) The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 11 ) Pages Parcel No. 182305-9071; 000720-0199; 000720-0004 This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. Dated: , 20___ Grantor: Safeway Inc. By Its Grantor: ACI Real Estate SPE 138, LLC By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 11 ) Pages Parcel No. 182305-9071; 000720-0199; 000720-0004 CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 11 ) Pages Parcel No. 182305-9071; 000720-0199; 000720-0004 CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 6 of ( 11 ) Pages Parcel No. 182305-9071; 000720-0199; 000720-0004 EXHIBIT A-1 FULL LEGAL DESCRIPTION OF PARCEL NO. 182305-9071 (PER RAINIER TITLE COMPANY ORDER NO. 798553, DATED AUGUST 24, 2021) LOT 2 OF CITY OF RENTON LOT LINE ADJUSTMENT NO. LLA-010-82, OF LOT LINE ADJUSTMENT SURVEY RECORDED UNDER KING COUNTY RECORDING NO. 8211239011, BEING A PORTION OF GOVERNMENT LOT 10 AND TRACTS 10 AND 11 OF RENTON SHORELANDS 2ND SUPPLEMENTAL, ALL IN SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN; TOGETHER WITH THAT PORTION OF VACATED LAKE AVENUE SOUTH ADJOINING, PURSUANT TO CITY OF RENTON ORDINANCE NO. 4640 RECORDED UNDER RECORDING NO. 9611150135; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 7 of ( 11 ) Pages Parcel No. 182305-9071; 000720-0199; 000720-0004 AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 8 of ( 11 ) Pages Parcel No. 182305-9071; 000720-0199; 000720-0004 EXHIBIT A-2 FULL LEGAL DESCRIPTION OF PARCEL NO. 000720-0199 (PER RAINIER TITLE COMPANY ORDER NO. 798553, DATED AUGUST 24, 2021) THAT PORTION OF THE H.H. TOBIN DONATION CLAIM NO. 37, AND THAT PORTION OF GOVERNMENT LOTS 9 AND 10, AND THAT PORTION OF TRACTS 12, 13 AND 14 OF RENTON SHORELANDS, SECOND SUPPLEMENTAL MAPS, ADJACENT TO SAID GOVERNMENT LOTS 9 AND 10, AND THAT PORTION OF VACATED LAKE AVENUE, PER CITY OF RENTON ORDINANCE NO. 4714, RECORDED UNDER KING COUNTY RECORDING NO. 9804220125, ALL SITUATED IN SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST MARGIN OF SHATTUCK AVE (FORMERLY SHATTUCK STREET) AND THE NORTH MARGIN OF SOUTH 3RD STREET (FORMERLY 3RD AVE); THENCE NORTH 88°40'50" WEST ALONG SAID NORTH MARGIN, A DISTANCE OF 577.61 FEET, TO THE TRUE POINT OF BEGINNING; THENCE NORTH 01°19'10" EAST, A DISTANCE OF 140.00 FEET; THENCE NORTH 88°40'50" WEST, A DISTANCE OF 8.98 FEET TO A POINT ON THE SOUTHEASTERLY MARGIN OF LAKE STREET, ACCORDING TO SAID RENTON SHORELANDS MAPS, SAID POINT BEING ON A CURVE, THE CENTER OF WHICH BEARS NORTH 57°59'28" WEST; THENCE NORTH 57°59'28" WEST 30.00 FEET TO A POINT ON THE CENTERLINE OF SAID LAKE STREET, SAID POINT BEING ON A CURVE, THE CENTER OF WHICH BEARS NORTH 57°59'28" WEST HAVING A RADIUS OF 224.69 FEET; THENCE ALONG SAID CENTERLINE CURVE NORTHERLY AND EASTERLY AN ARC DISTANCE OF 24.56 FEET THROUGH A CENTRAL ANGLE OF 06°15'45"; THENCE RADIALLY NORTH 64°15'13" WEST 30.00 FEET TO A POINT ON THE NORTHERLY MARGIN OF SAID LAKE AVENUE; THENCE NORTH 88°19'25" WEST 61.83 FEET; THENCE SOUTH 00°07'37" WEST 189.91 FEET TO A POINT ON THE NORTH MARGIN OF SAID SOUTH 3RD STREET; THENCE SOUTH 88°40'50" EAST 108.61 FEET ALONG SAID NORTH MARGIN TO THE TRUE POINT OF BEGINNING; (NOW KNOWN AS LOT 2 OF CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA-99-089- LLA, RECORDED UNDER RECORDING NO. 20000111900006). SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 9 of ( 11 ) Pages Parcel No. 182305-9071; 000720-0199; 000720-0004 AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 10 of ( 11 ) Pages Parcel No. 182305-9071; 000720-0199; 000720-0004 EXHIBIT A-3 FULL LEGAL DESCRIPTION OF PARCEL NO. 000720-0004 (PER RAINIER TITLE COMPANY ORDER NO. 798553, DATED AUGUST 24, 2021) LOT C, CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA-03-090-LLA, RECORDED UNDER RECORDING NO. 20031117900011, RECORDS OF KING COUNTY, WASHINGTON; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 11 of ( 11 ) Pages Parcel No. 182305-9071; 000720-0199; 000720-0004 AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Parcel No. 182305-9071; 000720-0199; 000720-0004 Page 1 of ( 10 ) Pages Grantor(s): Safeway Inc. ACI Real Estate SPE 138, LLC Grantee(s): City of Renton Abbrev. Legal Description: Ptn of HH Tobin Donation Claim No. 37, Ptn Tr. 14 Renton Shorlands. S18 T23N R5E W.M.; Ptn of Lot 2, City of Renton Lot Line Adjustment No. LLA-010-82 under Rec. No. 8211239011; Ptn of the E ½ of S18, T23N R5E W.M. Full Legal Description on pages 5-10 Assessor’s Tax Parcel Number: 182305-9071; 000720-0199; 000720-0004 Reference Number of Related Documents: N/A UTILITY/SLOPE EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project The Grantor(s), Safeway Inc., a Delaware corporation, and ACI Real Estate SPE 138, LLC, a Delaware limited liability company for and in consideration of $10.00 and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant(s) and convey(s) unto the City of Renton, a municipal corporation, and its successors and assigns (the Grantee), a utility/slope easement, for the purposes described below, over, in, on, along, across, through, below and upon, the property legally described in Exhibit A, (the “Utility/Slope Easement”) and depicted in Exhibit B, which are attached hereto and incorporated by this reference. The Grantee and its agents, designees and/or assigns, shall have the right at such times as deemed necessary by Grantee, to enter upon, over, under and across the Utility/Slope Easement to inspect, construct, reconstruct, grade and slope, operate, use, maintain, repair, replace and enlarge the utilities contained within the easement area for all public purposes, including but not limited to, grade and slope, street lights, utilities (including without limitation water, sewer, storm water, electric, gas, telecommunications, cable and fiber optics, either AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/SLOPE EASEMENT Parcel No. 182305-9071; 000720-0199; 000720-0004 Page 2 of ( 10 ) Pages owned or operated by Grantee or those utilities which provide service to Grantee or its citizens and are operated by permission of Grantee through franchise or permit), together with the right of ingress and egress thereto without prior institution of any suit or proceedings and without incurring any legal obligation or liability therefore. THIS EASEMENT is executed and delivered and said easement is granted upon the following conditions to wit: 1.Grantee, its agents and employees, assigns and successors shall, as soon as practicable, after installation of the utilities and all subsequent alterations and repairs thereto, restore all property to the Grantor to a neat and presentable condition. 2.Grantor shall not interfere in any manner with the easement rights granted to Grantee and the public in this Utility/Slope Easement. Without limitation, Grantor shall not (1) erect or maintain any buildings, structures, or improvements within the Utility/Slope Easement; (2) disturb the lateral or subjacent support of the utilities and other improvements and uses of the Utility/Slope Easement by Grantee, or undertake any form of construction or other activity that may disturb or damage the utilities, or other improvements or uses of the Utility/Slope Easement by Grantee; or (3) plant trees, shrubs, or other vegetation having deep root patterns that may cause damage to or interfere with the use of the utilities. 3.The rights granted herein shall not be construed to interfere with or restrict the Grantor, its heirs, executors, administrators, successors and assigns from the use of the Property outside of the Easement Area for the construction and maintenance of property improvements outside of the Easement Area. 4.This Utility/Slope Easement and the rights, obligations and covenants stated in this Utility/Slope Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Utility/Slope Easement shall be recorded with the King County Recorder’s Office. 5.It is understood and agreed that delivery of this Utility/Slope Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Renton unless and until approved hereon in writing by City of Renton. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/SLOPE EASEMENT Parcel No. 182305-9071; 000720-0199; 000720-0004 Page 3 of ( 10 ) Pages Dated: , 20___. Grantor: Safeway Inc. By _____________________________________ Its CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/SLOPE EASEMENT Parcel No. 182305-9071; 000720-0199; 000720-0004 Page 4 of ( 10 ) Pages Grantor: ACI Real Estate SPE 138, LLC By _____________________________________ Its CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ Accepted and Approved City of Renton By Its Date AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/SLOPE EASEMENT Parcel No. 182305-9071; 000720-0199; 000720-0004 Page 5 of ( 10 ) Pages AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/SLOPE EASEMENT Parcel No. 182305-9071; 000720-0199; 000720-0004 Page 6 of ( 10 ) Pages AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/SLOPE EASEMENT Parcel No. 182305-9071; 000720-0199; 000720-0004 Page 7 of ( 10 ) Pages AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/SLOPE EASEMENT Parcel No. 182305-9071; 000720-0199; 000720-0004 Page 8 of ( 10 ) Pages AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/SLOPE EASEMENT Parcel No. 182305-9071; 000720-0199; 000720-0004 Page 9 of ( 10 ) Pages AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY/SLOPE EASEMENT Parcel No. 182305-9071; 000720-0199; 000720-0004 Page 10 of ( 10 ) Pages AGENDA ITEM #1. a) Parcel No. 1823059087 1 After Recording, Return to: City of Renton City Clerk’s Office 1055 S. Grady Way Renton, WA 98057 STATUTORY WARRANTY DEED Grantors: Grantee: Abbreviated Legal Description: Additional Legal(s) Assessor’s Tax Parcel ID#: The Carney Investment Group LLC, a limited liability company City of Renton, a municipal corporation of the State of Washington Ptn of NE¼ SE¼ Section 18-23N-5E Exhibit A 1823059087 Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project THE GRANTOR(S), The Carney Investment Group LLC, a limited liability company, for and in consideration of sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, hereby convey(s) and warrant(s) to the City of Renton, a Washington municipal corporation of the State of Washington, its successors and assigns, for the use of the public, the real property described in attached Exhibit A and depicted in attached Exhibit B, situated in the City of Renton, in King County, Washington. Also, the Grantor requests the Assessor and Treasurer of said County to set over to the remainder of Tax Parcel No. 1823059087, the lien of all unpaid taxes, if any, affecting the real estate herein conveyed, as provided by RCW 84.60.070. AGENDA ITEM #1. a) Parcel No. 1823059087 2 DATED this day of , 2021. GRANTOR: The Carney Investment Group LLC By: ______________________________ Its: ______________________________ (Corporation) STATE OF WASHINGTON } }SS. COUNTY OF KING } I certify that I know or have satisfactory evidence that ______________________ is the person who appeared before me, and said person acknowledged that she/he signed this instrument, on oath stated that she/he is authorized to execute the instrument and acknowledged it as the _______________________ of __________________________, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: Signature: Notary Public in and for the State of Washington Notary (print name): Residing at: ACCEPTED BY: CITY OF RENTON a Municipal Corporation of the State of Washington By:Date: AGENDA ITEM #1. a) EXHIBIT PARCEL NO. 182350-9087 RIGHT OF WAY ACQUISITION THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A", DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL "A", SAID CORNER ALSO BEING ON THE EASTERLY MARGIN OF RAINIER AVENUE SOUTH; THENCE SOUTH 88 ° 17' 19" EAST ALONG THE NORTH LINE OF SAID PARCEL 'W', 19.01 FEET; THENCE SOUTH 03 ° 57' 35" WEST, 14.32 FEET,· THENCE SOUTH 12 ° 50' 53" WEST, 32.36 FEET,· THENCE SOUTH 03 ° 57' 35" WEST, 32.51 FEET,· THENCE SOUTHERLY ON A CURVE TO THE LEFT WHOSE CENTER BEARS SOUTH 86 ° 02' 27" EAST, 757.17 FEET, AN ARC DISTANCE OF 29.85 FEET; THENCE SOUTH 17 ° 15' 35" EAST, 16.92 FEET TO THE SOUTH LINE OF SAID PARCEL "A"; THENCE NORTH 88 ° 17' 19" WEST ALONG SAID SOUTH LINE, 19.33 FEET TO SAID EASTERLY MARGIN OF RAINIER A VENUE SOUTH; THENCE NORTHERLY ALONG SAID EASTERLY MARGIN OF RAINIER AVENUE SOUTH ON A CURVE TO THE RIGHT WHOSE CENTER BEARS SOUTH 89 ° 29' 20" EAST, 771.17 FEET, AN ARC DISTANCE OF 46.41 FEET; THENCE CONTINUING ALONG SAID EASTERLY MARGIN OF RAINIER A VENUE SOUTH NORTH 03 ° 57' 35" EAST, 78.05 FEET TO THE POINT OF BEGINNING. CONTAINING 1,936 SQUARE FEET, MORE OR LESS. PARCEL "A": (PER RAINIER TITLE COMPANY ORDER NO. 794671, DATED MAY 26,2021) THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WM., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY MARGIN OF STATE HIGHWAY NO. 5, 129.5 FEET SOUTH OF THE SOUTHERLY LINE OF CEDAR RIVER PIPE LINE, SAID POINT BEING 2721.62 FEET EAST AND 16.8 FEET NORTH OF THE WESTERLY QUARTER CORNER OF SAID SECTION; THENCE SOUTH 88 °17'25" EAST 225.16 FEET,· THENCE SOUTH 03 °57'35" WEST 124.49 FEET; THENCE NORTH 88 °17'25" WEST 223. 76 FEET TO THE EASTERLY MARGIN OF STATE HIGHWAY NO. 5; THENCE NORTHEASTERLY ALONG SAID MARGIN TO THE POINT OF BEGINNING; (ALSO KNOWN AS LOT 1, CITY OF RENTON LOT LINE ADJUSTMENT NO. 10-82, RECORDED UNDER RECORDING NUMBER 8211239011). 3ROWDOCX Page 1 of1 :K.PG- rAcoMA· SEATTLE A AGENDA ITEM #1. a) B AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 6 ) Pages Parcel No. 182305-9087 Grantor(s): The Carney Investment Group LLC Grantee(s): City of Renton Abbrev. Legal Description: Ptn of NE¼ SE¼ Section 18-23N-5E Full Legal Description on page 5 Assessor’s Tax Parcel Number: 182305-9087 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between The Carney Investment Group LLC, a limited liability company (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, as owner of that certain real property described on Exhibit A, does hereby grant to the City, a 1,623 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit B, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 2 of ( 6 ) Pages Parcel No. 182305-9087 The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a) The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b) The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 6 ) Pages Parcel No. 182305-9087 Dated: , 20___ Grantor: The Carney Investment Group LLC By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 6 ) Pages Parcel No. 182305-9087 CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 6 ) Pages Parcel No. 182305-9087 EXHIBIT A FULL LEGAL DESCRIPTION OF PARCEL NO. 182305-9087 THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY MARGIN OF STATE HIGHWAY NO. 5, 129.5 FEET SOUTH OF THE SOUTHERLY LINE OF CEDAR RIVER PIPE LINE, SAID POINT BEING 2721.62 FEET EAST AND 16.8 FEET NORTH OF THE WESTERLY QUARTER CORNER OF SAID SECTION; THENCE SOUTH 88°17'25" EAST 225.16 FEET; THENCE SOUTH 03°57'35" WEST 124.49 FEET; THENCE NORTH 88°17'25" WEST 223.76 FEET TO THE EASTERLY MARGIN OF STATE HIGHWAY NO. 5; THENCE NORTHEASTERLY ALONG SAID MARGIN TO THE POINT OF BEGINNING; (ALSO KNOWN AS LOT 1, CITY OF RENTON LOT LINE ADJUSTMENT NO. 10-82, RECORDED UNDER RECORDING NUMBER 8211239011); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 6 of ( 6 ) Pages Parcel No. 182305-9087 AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Parcel No. 182305-9087 Page 1 of 7 Pages Grantor(s): The Carney Investment Group LLC Grantee(s): City of Renton Abbrev. Legal Description: Ptn of NE¼ SE¼ Section 18-23N-5E Full Legal Description on pages 5 - 6 Assessor’s Tax Parcel Number: 182305-9087 Reference Number of Related Documents: N/A UTILITY EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project The Grantor(s), The Carney Investment Group LLC, a limited liability company, for and in consideration of $10.00 and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant(s) and convey(s) unto the City of Renton, a municipal corporation, and its successors and assigns (the Grantee), a utility easement, for the purposes described below, over, in, on, along, across, through, below and upon, the property legally described in Exhibit A, (the “Utility Easement”) and depicted in Exhibit B, which are attached hereto and incorporated by this reference. The Grantee and its agents, designees and/or assigns, shall have the right at such times as deemed necessary by Grantee, to enter upon, over, under and across the Utility Easement to inspect, construct, reconstruct, grade, operate, use, maintain, repair, replace and enlarge the utilities contained within the easement area for all public purposes, including but not limited to, grade, street lights, utilities (including without limitation water, sewer, storm water, electric, gas, telecommunications, cable and fiber optics, either owned or operated by Grantee or those utilities which provide service to Grantee or its citizens and are operated by permission of Grantee through franchise or permit), together with the right of ingress and egress thereto without prior institution of any suit or proceedings and without incurring any legal obligation or liability therefore. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9087 Page 2 of 7 Pages THIS EASEMENT is executed and delivered and said easement is granted upon the following conditions to wit: 1.Grantee, its agents and employees, assigns and successors shall, as soon as practicable, after installation of the utilities and all subsequent alterations and repairs thereto, restore all property to the Grantor to a neat and presentable condition. 2.Grantor shall not interfere in any manner with the easement rights granted to Grantee and the public in this Utility Easement. Without limitation, Grantor shall not (1) erect or maintain any buildings, structures, or improvements within the Utility Easement; (2) disturb the lateral or subjacent support of the utilities and other improvements and uses of the Utility Easement by Grantee, or undertake any form of construction or other activity that may disturb or damage the utilities, or other improvements or uses of the Utility Easement by Grantee; or (3) plant trees, shrubs, or other vegetation having deep root patterns that may cause damage to or interfere with the use of the utilities. 3.The rights granted herein shall not be construed to interfere with or restrict the Grantor, its heirs, executors, administrators, successors and assigns from the use of the Property outside of the Easement Area for the construction and maintenance of property improvements outside of the Easement Area. 4.This Utility Easement and the rights, obligations and covenants stated in this Utility Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Utility Easement shall be recorded with the King County Recorder’s Office. 5.It is understood and agreed that delivery of this Utility Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Renton unless and until approved hereon in writing by City of Renton. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9087 Page 3 of 7 Pages Dated: , 20___. Grantor: The Carney Investment Group LLC By _____________________________________ Its Accepted and Approved City of Renton By Its Date AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9087 Page 4 of 7 Pages CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9087 Page 5 of 7 Pages AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9087 Page 6 of 7 Pages AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. UTILITY EASEMENT Parcel No. 182305-9087 Page 7 of 7 Pages AGENDA ITEM #1. a) Parcel No. 182305-9234 1 After Recording, Return to: City of Renton City Clerk’s Office 1055 S. Grady Way Renton, WA 98057 STATUTORY WARRANTY DEED Grantors: Grantee: Abbreviated Legal Description: Additional Legal(s) Assessor’s Tax Parcel ID#: McDonald’s Corporation, a Delaware corporation City of Renton, a municipal corporation of the State of Washington Ptn of SEC 18, T23N, R5E, W.M. Exhibit A 182305-9234 Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project THE GRANTOR(S), McDonald’s Corporation, a Delaware corporation, for and in consideration of sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, hereby convey(s) and warrant(s) to the City of Renton, a Washington municipal corporation of the State of Washington, its successors and assigns, for the use of the public, the real property described in attached Exhibit A and depicted in attached Exhibit B, situated in the City of Renton, in King County, Washington. Also, the Grantor requests the Assessor and Treasurer of said County to set over to the remainder of Tax Parcel No. 182305-9234, the lien of all unpaid taxes, if any, affecting the real estate herein conveyed, as provided by RCW 84.60.070. AGENDA ITEM #1. a) Parcel No. 182305-9234 2 DATED this day of , 2021. GRANTOR: McDonald’s Corporation By: ______________________________ Its: ______________________________ (Corporation) STATE OF WASHINGTON } }SS. COUNTY OF KING } I certify that I know or have satisfactory evidence that ______________________ is the person who appeared before me, and said person acknowledged that she/he signed this instrument, on oath stated that she/he is authorized to execute the instrument and acknowledged it as the _______________________ of __________________________, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: Signature: Notary Public in and for the State of Washington Notary (print name): Residing at: ACCEPTED BY: CITY OF RENTON a Municipal Corporation of the State of Washington By:Date: AGENDA ITEM #1. a) A AGENDA ITEM #1. a) 30 B AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 6 ) Pages Parcel No. 182305-9234 Grantor(s): McDonald’s Corporation Grantee(s): City of Renton Abbrev. Legal Description: Ptn of SEC 18, T23N, R5E, W.M. Full Legal Description on page 5 Assessor’s Tax Parcel Number: 182305-9234 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between McDonald’s Corporation, a Delaware corporation (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, as owner of that certain real property described on Exhibit A, does hereby grant to the City, a 487 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit B, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 2 of ( 6 ) Pages Parcel No. 182305-9234 The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a) The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b) The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 6 ) Pages Parcel No. 182305-9234 Dated: , 20___ Grantor: McDonald’s Corporation By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 6 ) Pages Parcel No. 182305-9234 CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 6 ) Pages Parcel No. 182305-9234 EXHIBIT A FULL LEGAL DESCRIPTION OF PARCEL NO. 182305-9234 (PER RAINIER TITLE COMPANY ORDER NUMBER 794657, DATED MAY 26, 2021) THAT PORTION OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, WITHIN THE BED AND SHORES OF BLACK RIVER, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON A LINE DRAWN PARALLEL WITH AND 50 FEET SOUTHEASTERLY, WHEN MEASURED AT RIGHT ANGLES, FROM THE CENTER LINE OF SAID ACCESS ROAD, RENTON AVENUE EXTENSION, A DISTANCE OF 150 FEET, MEASURED ALONG SAID PARALLEL LINE, FROM ITS INTERSECTION WITH A LINE DRAWN PARALLEL WITH AND 75 FEET WESTERLY, WHEN MEASURED AT RIGHT ANGLES FROM THE CENTER LINE OF PRIMARY STATE HIGHWAY NO. 5, SEATTLE TO RENTON; THENCE NORTHEASTERLY 150 FEET, ALONG SAID 50 FOOT PARALLEL LINE TO SAID 75 FOOT PARALLEL LINE; THENCE SOUTHERLY ALONG SAID 75 FOOT PARALLEL LINE 150 FEET; THENCE WESTERLY AT RIGHT ANGLES TO SAID 75 FOOT PARALLEL LINE 105 FEET, MORE OR LESS, TO A POINT FROM WHICH THE POINT OF BEGINNING BEARS NORTH 26°10'00" WEST; THENCE NORTH 26°10'00" WEST 86 FEET, MORE OR LESS, TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 6 of ( 6 ) Pages Parcel No. 182305-9234 AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Page 1 of ( 6 ) Pages Parcel No. 182305-9227 Grantor(s): Corner Investment Co. Grantee(s): City of Renton Legal Description: Ptn of SEC18, T23N, R5E, W.M. (Full Description on Page 5) Assessor’s Tax Parcel Number: 182305-9227 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the “Construction Easement”), is made and entered into this day of , 20___, by and between Corner Investment Co., a Washington corporation, (“Grantor”), and the City of Renton, a municipal corporation (“City” or “Grantee”), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, as the owner of that certain real property legally described on Exhibit “A” – Entire Parcel, attached hereto and incorporated by this reference, does hereby grant to the City, a 375 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit “B”, which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed by the Grantee within the temporary easement area, whichever is later, but in no event later than December 31, 2024. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 2 of ( 6 ) Pages Parcel No. 182305-9227 The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this Construction Easement, provided, however, that: (a)The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor; and (b)The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 3 of ( 6 ) Pages Parcel No. 182305-9227 Dated: , 20___ Grantor: Corner Investment Co. By Its Accepted and Approved City of Renton By Its Date AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 4 of ( 6 ) Pages Parcel No. 182305-9227 CORPORATE ACKNOWLEDGMENT STATE OF ______________ ss. COUNTY OF ____________ I certify that I know or have satisfactory evidence that _____________________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of _______________________________________, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. (SEAL) _____________________________________ Notary Public _____________________________________ Printed Name Residing at____________________________ My appointment expires _________________ AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 5 of ( 6 ) Pages Parcel No. 182305-9227 EXHIBIT A LEGAL DESCRIPTION APN/Parcel ID: 182305-9227 AGENDA ITEM #1. a) PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER’S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Page 6 of ( 6 ) Pages Parcel No. 182305-9227 AGENDA ITEM #1. a) RAINIER AVENUE SOUTH CORRIDOR IMPROVEMENTS -PHASE 4 (S 3rd Pl to NW 3rd St) November 8, 2021 - Committee of the Whole 1AGENDA ITEM #1. b) Project Goals •Improve transit mobility, pedestrian accessibility, and safety. •Benefits overall traffic flow and safety through access management, traffic signal upgrades and coordination. •Improve the pedestrian environment and safety resulting in an aesthetically vibrant transportation corridor. •Intersection improvements at S 3rd St and S 2nd St in preparation of the two-way conversion. •Extend the southbound Business Access Transit Lane (BAT Lane) from S 2nd St to S 3rd St. •Construction of a segment of a regional pedestrian/bike path trail (Lake Washington Loop Trail) from Airport Way to 1,000 feet north of Airport Way. •Installation of pedestrian activated traffic signals (HAWK) at SW Victoria St and NW 3rd Pl. •Sidewalk widening with streetscaping, decorative roadway and pedestrian-scale illumination, landscaped buffers and median. 2 AGENDA ITEM #1. b) Project Budget and Schedule 3 Schedule Funding Sources Grants: •$2,600,000 FHWA Grant for Preliminary Engineering •$3,000,000 FHWA Grant for Right of Way •$4,500,000 FHWA Grant for Construction •$4,793,000 FHWA Grant for Construction •$2,000,000 Regional Mobility Grant for Construction •$5,000,000 TIB Grant for Construction (Requested) Right of Way Acquisition is the critical path for meeting funding obligations and beginning construction next year.AGENDA ITEM #1. b) Parcels Impacted 4 •There are a total of 35 parcels that will be impacted by this project. •The easements and acquisitions are only strip takes which mainly allow the City to meet our current street design standards. •The City has been negotiating to acquire portions of properties for nearly a year. •The City has obtained five signed agreements and four verbal agreements to enter into acquisition documents.AGENDA ITEM #1. b) Condemnation Process 5 •In order to meet the timeframes outlined in our grants, the City needs to acquire necessary property rights by March 2022. If we do not meet the deadlines, the City is at risk of losing millions of dollars in grants for this project. •The proposed ordinance authorizes initiation of condemnation proceedings to acquire the property rights needed for the project, which is a prerequisite for the City filing a condemnation lawsuit. •It will be necessary to initiate condemnation proceedings in case continued negotiations with property owners are unsuccessful.AGENDA ITEM #1. b) Staff Recommendation 6 •The City will continue to negotiate with property owners in order to reach an agreement, but the initiation of condemnation is necessary to acquire the property rights as required by the grant funding for the project. •Adopt the proposed ordinance authorizing the initiation of condemnation proceedings for a portion of certain properties on Rainier Avenue South and Rainier Avenue North between South 3rd Street and Northwest 3rd Place.AGENDA ITEM #1. b)