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Home My WebLink AboutE 20150727000949 Return Address: 20150727000949 City Clerk'S OffIC2 CITY OF RENTON EAS 78.00 City of Renton 0�G2�0Z01SF10059 1055 South Grady Way KiNG COUNTY, WA Renton, WA 98057 EXCISE 1'AX NOT REQUIRED King Co.Records ivi ion By , Deputy EXCLUSIVE EASEMENT Assessor's Property Tax Parcel/Account N u mber: 281630-0100 Proj�ct Fiie#: SV'JP-40-3617 Street Intersection:SE 2� Place and Chelan Avenue SE, Renton, Washington Reference Number(s) of Documents assigned or released: Additional reference numbers: Grantor�s): Grantee(s): 1. Collin E Fowler 1. City of Renton, a Washington Municipal 2. Christina Fowler Corporation LEGAL DESCRIPTION: All that portion of Lot 10 of Goe's Place as recorded in Volume 85 of Plats, pages 12& 13 lying southerly and westerly of the thalweg of Maplewood Creek. All situate in the Northwest quarter of Section 15,Township 23 North, Range 5 East, W.M. in the City of Renton; King County Washington. Tn� Grantor(s), Collin E. Fowler and Christina Fowler, husband and wife ("Grantor"), for and in consideration of mutual benefits, the receipt of which is acknowledged, do by these presents, grants, bargains, sells, conveys and warrants unto the Grantee, City of Renton, a Washington municipal corporation ("Grantee"), its successors, assigns and permitees, an exclusive, perpetual easement with necessary appurtenances and fences over, under, through, across and upon the parcel of land herein described and depicted as the shaded area on Exhibit A (the "Easement Property"), including but not limited to the right to enter upon, control, and exclude others from the Easement Property for all purposes, inciuding but not limited to, construction, maintenance and repair of cityfacilities. 1 Notwithstanding any language to the contrary, while the parties acknowledge that this Exclusive Easement does not convey a fee interest in the subject real estate, it is the intent of the Grantor and the Grantee that this easement be as equivalent to a fee interest as is possible with one of the ultimate objectives being that the Grantor (unlike the Grantee) shall have no responsibility to maintain the Easement Property or to prevent trespasses upon the Easement Property. Another objective of this easement is for the Grantee to acquire rights for constructing, reconstructing, repairing, replacing, operating and maintaining stormwater detention and/or drainage facilities, lines and manholEs, together w�th the right of ingress and egress ihrough the Easement Property and not over and across the Grantor's remaining real property without prior institution of any suit or proceedings af law and without incurring any legal obligation or liak�i�ity therefor. Faiiowing the initial construction of its stormwater detention and/or drainage facilities and fences, Grantee may from time to time construct such additional facilities and install fences or other barriers as long as it does not materially destabilize or damage Grantor's remaining real property. Under no circumstance shall Grantee be responsible for acts of nature or any erosion or long-term changes that occur to Grantor's remaining property unless caused by or contributed to by the Grantee's construction of the improvements contemplated by this Easement and/or the failure of the Grantee to maintain the Easement Property in a manner designed to prevent either the destabilization or erosion of the Easement Property or the Grantor's remaining property or caused or contributed by the improvements placed on the Easement Property. This easement is granted subjectto the following terms and conditions: 1. The Grantee shall, upon completion of any work within the easement property, restore any private improvements disturbed or destroyed during execution of the work, as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grante�e. 2. Grantor shall not have the right to: a. Enter, use, or exclude Grantee or the Grantee's agents, contractors, representatives of any tier or employees from the Easement Property; or b. Erect or maintain any buildings or structures within or on the Easement Property; or c. Plant trees, shrubs or vegetation on the Easement Property; or d. Develop, landscape, or beautify the Easement Property; or e. Dig, tunnel or perform other forms of construction activities on the Easement Property which would disturb the compaction or unearth Grantee's facilities on the Easement Property, or endanger the lateral support facilities;or f. Blast within fifteen (15) feet of the Easement Property; or g. Erect fences or prevent Grantee's access tothe Easement Property. 2 The rights contained within this easement shall run with the land and inure to, and be for the benefit of, Grantor and Grantee, their successors, assigns and permittees. By this conveyance, Grantor will warrant and defend this easement made unto the Grantee against all and every person or persons, whomsoever, lawfully claiming or to claim the same. Grantor covenants that it is the lawful owner of the property and that Grantor has a good and lawful right to execute this easement. Consistent with the intent of the parties that this easement be as equivalent to a fee int�rest as is possible, Grantee releases, indemnifies and promises to defend and save Grantor harmless from and against any and all liability, loss, damage, expense, actions and claims, including costs and reasonable attorneys' fees incurred by Grantor in defense thereof, connected �,nrith or related to or arising out o� the Easement Property iricluding, but not iimited to, resulting or arising directly or indirectly on account of or out of acts or omissions of the Grantee or its agents, contractors, employees or representatives in the exercise of the rights granted in this easement; provided, however, this paragraph does not indemnify Grantor against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the negligence of Grantor or Grantor's agents or representatives. IN WITNESS-W�y �EREOF, said Grantor has caused this instrument to be executed this �� day of d't��' , 20�_. GRANTOR: � Colin E. Fowler � Y �ti�✓ Christina Fowler 3 IND1V(DUAL FORMOFACKNOWLfDGEMENT Notary Seal must be within STATE OF 1.�.-�� Yw nn ) SS box COUNTY OF ) ``��'� On this��day o ' , 20L before me `�1� ��11A R,��1��' personally appeared: ��s��F;�l,,q��i� Colin E. Fowler and signed this instrument, and _ �,_�� s�ow A � � ; _o,�. �°TAR` �,�; �acknowledged it to be his free and voluntary act for the uses i �U y� � � U y A ' ` : �a urposes me�ntioned in the instrument. , � � �; �s��' = Z : � �%,''�i,+�e,27•��=,��= �/ � ��i��` �1 � 1��1��`WAS�'`\�.�� Notary Pu li �' ,,and for the St e 1 Notary (Print) \` _ � _ My appointment xpires: , �f �`l�� K Dated: �—� — �� INDIVIDUAL FORMOFACKNOWLEDGEMENT NotarySeal mustbewithin $TATE OF ��C(s{1i�1 TC�1 )SS , box COUNTY OF �'� t� ) '��'f�y►M,�R�'T'T'E On this 21 st" day of :�t / , 20�, before me ��y�pTpk personally appeared: �;� ��Y PV�� Christina Fowler and signed this instrument, and �.�--, ��Eg acknowledged it to be her free and voluntary act for the ; ' uses� purposes mentioned in the instr ment. 1'kf3=fs �lf / , / 'i' r L /�j �,� f . N ary Public in and for t e State of � �is�i.z 7`z�•� � Notary (Print) C-Y��r�'<T /�'l- l��r�� . 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