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HomeMy WebLinkAboutE 20220531000581Instrument Number: 20220531000581 Document:EAS Rec: $215.50 Page-1 of 13 Record Date:5/31/2022 11:44 AM Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY AL VASS] City of Renton City Clerk's Office Woodcliffe, LLC, a Delaware limited liability company Grantee(s): City of Renton, a Washington municipal corporation Abbreviated Legal Full Legal Description on P. document Assessor's NumberReference Related Documents: 11 11111 * r M "ConstructionThis Temporary Construction Easement (the PIN Motwq#mlom grant to the City, a rsquare foot temporary construction easement in, on, over, .. gh and across that portion Propertyi("Easement Area") and depictedb tattachedare hereto and incorporatedby this reference, facilities;protecting xr existing public and private rightsaccessing the Easement Area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the activities described above. The temporary upon execution by the parties. Grantee and/or its contractors shall provide a minimum of three btemporary Instrument Number: 20220531000581 Document:EAS Rec: $215.50 Page-2 of 13 Record Date:5/31/2022 11:44 AM King County, WA rights granted to the Grantee shall automatically terminate and be null and void (i) twenty- fmr any existing improvements disturbed by the Grantee within the Easement Area, whichever is later, but in no event later than March 31, 2024. Following termination and upon request by �rove a term iT4-tirrn—Ln-bP--rFLcrr,4ed with the Zjwe C ,gLMtv Recorder' 1. The Grantee agrees to hold harmless, indemnify and defend the Grantor from and death of persons, including employees of the Grantee, or damage to property, arising out of any activity undertaken by or for the benefit of Grantee on or around the Easement Area 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 extend to injuries, sickness, death or damage caused by or resulting from sole willful misconduct or sole negligence of the Grantor; and I 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, Grantee shall be responsible only to the extent of the damages caused by the negligence or willful misconduct of the Grantee (including, without limitation, an officer, agent, contractor or employee of the Grantee). C. FOR THE SOLE PURPOSE OF GIVING FULL FORCE AND EFFECT TO THE INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT AND NOT FOR THE BENEFIT OF THE GRANTEE'S EMPLOYEES OR ANY UNRELATED THIRD PARTIES, THE GRANTEE SPECIFICALLY AND EXPRESSLY WAIVES ANY IMMUNITY THAT MAY BE GRANTED IT UNDER THE LAWS OF THE STATE OF WASHINGTON INCLUDING, BUT NOT LIMITED TO, WASHINGTON STATE INDUSTRIAL INSURANCE ACT, TITLE 51 RCW. SEMI= a. the cost of all work completed in the Easement Area by or on behalf of Grantee shall be at Grantee's sole expense, Page 2 Parcel No. 202305-9084 Instrument Number: 20220531000581 Document:EAS Rec: $215.50 Page-3 of 13 Record Date:5/31/2022 11:44 AM King County, WA b. the Grantee and its agents' use of the Easement Area pursuant to this Construction Easement shall be in such a manner so as not to unreasonably interfere with Grantor's access to or use of the Property, or the quiet enjoyment of Grantor and Grantor's tenants of the Property, and in furtherance thereof (but without limitation), Grantee and its agents shall conduct construction activities only during normal business hours, C. the Grantee will comply with all federal, state, and municipal law, orders, rules, permits, permissions and regulations applicable to Grantee's use of the Easement Area, d. the Grantee will keep Grantor's Property free and clear of all liens, charges, and other monetary encumbrances arising out of the rights granted to Grantee hereunder, and e. Grantee shall, at its sole cost and upon completion of the work within t Easement Area, fully restore the surface and subsurface of the Easement Ar and any public or private improvements disturbed by or destroyed during t execution of the work, as nearly as practicable, to the conditions as of t effective date of this eaw-ment. I It is the intention of the parties that this document be strictly limited to and for the purposes expressed. 3. Grantor and Grantee acknowledge and agree that Grantee is the beneficiary of certain other Public Utility Easements which were recorded in the King County Recorder's Office under Recording Nos. 8505290678, 8505290679, and 8505290680 and that certain Sanitary Sewer Easement which was recorded in the King County Recorder's Officer under Recording No. 5937434 and that, to the extent any of the foregoing easements conflict or contradict the terms of this Easement, this Easement shall control. 4. This Construction Easement 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. 5. Grantor covenants that it is the lawful owner of the above -described property and has authority to convey such easement. 6. Any lawsuit or legal action brought by any party to enforce or interpret this Construction Easement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King Page 3 Parcel No. 202305-9084 Instrument Number: 20220531000581 Document:EAS Rec: $215.50 Page-4 of 13 Record Date:5/31/2022 11:44 AM King County, WA County, Washington, or its replacement or successor. If any party engages an attorney in connection with any action in a court of law or arbitration to enforce the terms of this Construction Easement, the prevailing party in such action or proceeding will be entitled to recover its reasonable attorney's fees and other litigation or arbitration expenses, including fees and costs on appeal. 7It is understood and agreed that delivery of this Construction Easement is hereby Renton, unless and until acceAted and a�#)croved hereon in writing-bo the Cito of Renton. If the %n�4 &,-3-wat -43r�- . vrt, sixty (60) days after the Grantor's execution of this Construction Easement, this easement shall be of no further force or effect and neither the City of Renton nor any of its successors or assigns shall have any rights hereunder. 8. Grantee shall pay Grantor its attorney's fees, costs for review of this easement, and inirty-seven MIMS ant Till TMML77Ff M70T-O-d7=f approval of the Easement by the City. Dated: 20172--: ItHa 1=4 L 3y: N/A Woodcliffe — 50, a Washington limited partnership, its Sole Member By: NALS Opportunity III, LLC, an Arizona limited liability company, its General Partr,,,er Name Title Mug Page 4 Parcel No. 202305-9084 Instrument Number: 20220531000581 Document:EAS Rec: $215.50 Page-5 of 13 Record Date:5/31/2022 11:44 AM King County, WA CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed tyre document to which this certificate is attached, and not the truthfu6ness, accuracy, or validity of that document State of California County of On before IT e, crte He personally appeared ME= who proved to Fne on the basis of satisfactory evidence to be the personK whose name( !,�are subscribed to the within instrument and acknowledged to me that t6'AheAhey _executed the s *&44heir- authorized capacity(i0sj, and that by hWhs"r signature(_S.Dn the instrument the person(Q,,or the entity "N acted, executed the instrument. upon behalf of which the person 9 IL M, MARTIN -WHITE M Place Notary Seal andlor Stamp Above i certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WiTNESS my hand and official seal. Signature it Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended docurnent. Description of Attached Document Title or Type of Document: Document Date:.--..-.. Signer(s) Other Than Named Above: Capaclty(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Partner -- 0 Limited n General • Individual 0 Attorney in Fact • Trustee o Guardian of Conservator • Other: Signer is Representing:.._......._..._ "g, 44"I'"AZk A, CO2017 NaflonaR Notary Association Number of Pages: Signer's Name: • Corporate Officer ­ Title(s): • Partner — 0 Limited 0 General [I Individual 0 Attorney in Fact D "Trustee o Guardian of Conservator 1:1 Other: Signer is Representing: Instrument Number: 20220531000581 Document:EAS Rec: $215.50 Page-6 of 13 Record Date:5/31/2022 11:44 AM King County, WA City of Renton n Its [Titiej . ice. Date Page 5 Parcel No, 202305- 0F4 Instrument Number: 20220531000581 Document:EAS Rec: $215.50 Page-7 of 13 Record Date:5/31/2022 11:44 AM King County, WA STATE OF SS. COUNTY OF I I certify t, hn a t I know or have satisfactory evidence that is the person who appeared before me, and said t ae� person acknowledge that they signed this instrument, and on oath stated 'that they were authorized to execute the instrument and acknowledged it as the 11,111 -A MIMI N Lf 11111133=0111101=111 Page 6 Parcel No. 202305-9084 Instrument Number:20220531000581 Document:EAS Re£:$215.50 Page-8 of13 Record Dam :5/3 I/2 022 II:44 AM King County WA That portion West half of Section20,Township w< North, Range . East, ? f in «:« County, Washington, described as follows: rorgart«lmj w»x under Auditor's File 2> 2 049 Thence along said southerly margin North 02'49East 85 68»«°« the True Point of Beginning; with' « y ©- w »*: USTAI°MIU= «»::»dex» y»¥«««?m?w2%2■2kk»:?, °»:«wcontinuing along w« p n r. y:f« . . . Feet . «a .a<»»� »490.00�«»§?»2»2y «?«?2 », «zw.2 y>w»»,. ALSO EXCEPT that©© © »© West half msaid Section 20 described as in instrument under Auditor's File No 3560496, Records of King Instrument Number: 20220531000581 Document:EAS Rec: $215.50 Page-9 of 13 Record Dam :5/31/2022 11:44 AM King County, WA Thence along said southerly margin North 87023'49" East 856.68 we: to a point noted as the T%rue Point of Beginning of Parcel 25 as contained in instrument under Auditor's File No. 6150334 and the True Point of Beginning of this description; 'I ence .1S­6­ufh-U.2`1,5U7T'-Ea­sf -along e easter y fi-n-e--o-t-ffe--R-e—nfo-n—E-TR-s- Site as contained in Instrument recorded under Auditor's File No. 5837189, 490.00 Feet to the northerly line of the Puget Sound Power and Light Company's right-of-way as contained under Auditor's File No. 5687370; I'll ; 0 1 1 1 1 115171MMUN, M400, line 77.44 feet to the point of curvature of a curve to t e left having a radius of 170.00 feet; Thence South 87123'49" West along said margin 285.2 feet to the True Point of Beginning; ALSO EXCEPT any portion lying westerly of the West line of Government LO-1 3 and the southerly projection thereof. Instrument Number: 20220531000581 Document:EAS Rec: $215.50 Page-10 of 13 Record Date:5/31/2022 11:44 AM King County, WA EXHVAT r c PARCEL 000NSTRUCTION ��� � :� �Y: �.. TEMPORARY described ce Instrument Number: 20220531000581 Document:EAS Rec: $215.50 Page-11 of 13 Record Date:5/31/2022 11:44 AM King County, WA � 108.50 feet and a radial bearing to which bears North 89039'26" •' ` III, Pill t<� i f im A r=. �A Y� �1 +� ► Thence South 0049'32" West 79.77 feet to a point on the easter margin of said parallel 10-foot wide strip o. land lying easterly of adjacent to said 35'-foot wide strip of land and the terminus of sa, described nq 7717 described Thence along said southerly margin8East 38.50 feet terminusto the described ,,.b, Instrument Number: 20220531000581 Document:EAS Rec: $215.50 Page-12 of 13 Record Date:5/31/2022 11:44 AM King County, WA The sidelines of described easement to be extended or shortened to begin a terminate at the margins and property lines where the described centerlines Instrument Number: 20220531000581 Document:EAS Rec: $215.50 Page-13 of 13 Record Date:5/31/2022 11:44 AM King County, WA 202305-9010 N87025'35"E - 50.80, POINT I L=18.60' R=108.50' A=09'49'20" N02003'01", E 24.36' POINT H 202305-9088 EXHIBIT "C" 02 G 2 30 �5- _L12 (RINI N87'25'35"E 1&00' POINT X 'r.P.O.B. SITS //-25'35"E 3&50' 1�. 1 om S25043'19"E 10.88' �---N89039'26"W (RADIAL) -S25043'19"E 39.66' N39053'19"E 59,77' 87056'59"E 17.50' SOO*49'32"W 7UT L=70�68'-.. ll-L=64A1' R=7400' R=71.00' A=51'58'26" A=54*43'24" 202305-9084 N52'40'23"W 35,- NOW41 1 r 10® 36.51' 057"W 66.64' PROPERTY LINE 175 -L=71.10 R=89.0U A" TEMPORARY- =45'46'29 CONSTRUCTION POINT G EASEMENT 202305-9012 LEIN) COMPILED FROM CAL.CULATED AND