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HomeMy WebLinkAboutE 20220225000715Instrument Number: 20220225000715 Document:EAS Excise Docs: 3174555 Selling Price: $0.00 Tax Amount: Electronically Recorded King County, WA Rec: $208.50 Pawa-I of 6 $10.00 Record te:2/25/2022 12:42 City of Renton City Clerk's Office PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER'S USE 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 182305-9245 182305-9237 000720-0193 Assessor's Tax Parcel Numbers: 182305-9245 & 000720-0193 i 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 an entered into this —2 X /-"flay of and between Burkheimer FjamilX 'ir C LLQaWashiniton limited li omrtany WWI ,E�D'.ab 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, under the imminent threat of the Grantee's exercise of its right of Eminent Domain, a 628 square fbot 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' Page I of ( 6 ) Pages Parcel Nos. 182305-9245 & 000720-0193 ...... . . ... ...... Instrument Number: 20220225000715 Document:EAS Rec: $208.50 Page-2 of 6 Record Date:2/25/2022 12:42 PM King County, WA PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER'S USE ONLY the execution of this easement or (ii) upon restoration of any existing improvements disturbed by the Grantee within the temporary easement area, whichever is sooner, but in no event later than December 31, 2024. The Grantee agrees to hold harmless, indemnify and defend the Grantor from and a, ainst any and all clai emolo eesofthe ranjee orAqma WWWO'l A-r`ilw oil, 06-WAW'WA dily VHJ 1111 Ulm-, or 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 Easeme Area, fully restore the surface and subsurface of the Easement Area and any public or prival improvements disturbed by or destroyed during the execution of the work, as nearly 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 h authority to convey such easernent. I Page 2 of ( 6 ) Pages Parcel Nos. 182305-9245 & 000720-0193 PLEASE MAKL NO MARK IN THE. MARUIN SPACE RESERVED FOR COUNW RECORDER'S USE ONLY Instrument Number: 20220225000715 Document:EAS Rec: $208.50 Page-3 of 6 Record Date:2/25/2022 12:42 PM King County, WA PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDEWS USE ONLY 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 Fly Accepted and Approved City of Renton By_ Its PiLIULWAKL3 1Ld-.AA-1TA'2+—"Q4-0-f Date 31 W 202?— Page 3 of ( 6 ) Pages Parcel Nos. 182305-9245 & 000720-0193 PLEASE MAKE NO MARK IN'nW- MARGIN SPACE - RESERVED FOR COUNTY RECORDER'S USE ONLY Instrument Number: 20220225000715 Document:EAS Rec: $208.50 Page-4 of 6 Record Date:2/25/2022 12:42 PM King County, WA PLEASE Na KE NO MARK IN THE MARGIN SE - Y' RESERVED FOR CO RECORDER'S USE ONLY. T �,T z...� �PAC . r_ CORPORA F. A CA7VO FffEDNT STATE OF SS. KATHYSAL COMMISSION NO.11 03 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 07/26/23 .Notary Public Y m. _...._��a Pribte1--Na .._ ��.._ ...._ .._ x_. Residing at y appointment expires PLEASE MAKE NO MARK IN THE. MARGIN SPACE . Rr—SERVED FOR COUNTY RECORDEWS USE ONLY.. Instrument Number: 20220225000715 Document:EAS Rec: $208.50 Page-5 of 6 Record Date:2/25/2022 12:42 PM King County, WA PLEASE MAKE NO GM SPACE ARK IN 11. - MI ERIED TY FOR COUN11S CORDER'S USE ONLY tE' OkAAV toN'S'TRI I f&idN'_jEAAMENT" NE 1/4, SEC, 18, T. 23 N., R. 5 E., V.M. A N P IVY 1"W"t KIS. TAX LOT NUMBER 182305-9245 LU LU a.; TAX LOT NUMBER 000720-0193 TEMPORARY CONSTRUCTION EASEMENT r K00 AREA = 68 s.r.± moo, 2.00" 2,00' _TX1S_%FG PERMANENT T 0 CC N 87L 9?-6: -W S TOBIN ST EXISTING R11-_HLQLWAY_� DA'1: JUNE 19, 2020 14.DWG EXHIBIT A PARCEL 182305-9245 TEMPORARY CONSTRUCTION EASEMENT Page 5 of( 6 ) Pages Parcel Nos. 182305-9245 & 000720-0193 PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER'S USE ONLY Instrument Number: 20220225000715 Document:EAS Rec: $208.50 Page-6 of 6 Record Date:2/25/2022 12:42 PM King County, WA PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER'S USE ONLY NSA°RU&. w.M. AIRPOPT WAY 6� WAY _ TAX LOT NUMBER TEMPORARY CONSTRUCTION EASEMENT 182305 -9237 AREA = 560 S.F.± z TAX LOT NUMBER 720-0193 ANE 9 t C. `$Sri _ Page 2 of 2 DATE: JUNE 23, 2020 FILE: 51.DWG EXHIBIT e�9n 3/3i .ham hva PARCEL 000720_-0193 dlq i 64h TEMPORARY CONSTRUCTION EASEMENT Page b of ( G ) pages Parcel Nos. 1 2305-9;245 00072.0-0193 PLEASE MAKE NO MARK IN ITIE MARGIN SPACE - RESERVED FOR COUNTY RECORDER'S USE ONLY.