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HomeMy WebLinkAboutE 20220531000584Instrument Number: 20220531000584 Document:EAS Rec: $215.50 Page -I of 13 Record Date:5/31/2022 11:46 AM Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY AL VASS] City of Renton City Clerk's Office 1055 Sqyth Gr?.dy Wwy Renton, WA 98057 UTILITY EASEMENT The Grantor(s), NALS Woodcliffe, LLC, a Delaware limited liability company ("Grantor"), the owner of the property legally described on »© "A" (the "Property"), attached hereto and incorporated by this reference, for and in consideration of $10.00 and convey unto the City of Renton, a municipal corporation, and its successors and assigns "City of Renton," or "Grantee"), a permanent utility easement with necessary appurtenances and access thereto ("Easement"), for the purposes described below, over, under, in, on, along, across, through, below, and upon, the portion of the Property legally described on Exhibit "B" (the "Easement Area") and depicted on Exhibit "C", which Exhibits 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 in, on, along, across, through, below, and upon, the Easement Area for the purpose of constructing, repairing, replacing, operating and maintaining sanitary sewer facilities ("Facilities") without prior institution of any suit or proceedings and without incurring any legal obligation or liability therefore. Page 1 Parc@ No. 202305-9084 Instrument Number: 20220531000584 Document:EAS Rec: $215.50 Page-2 of 13 Record Dam :5/31/2022 11:46 AM King County, WA 1. THIS EASEMENT is executed and delivered and said Easement is granted upon the following conditions: a. Grantee, its agents and employees, assigns and successors shall, as soon as practicable after construction of the Facilities and all subsequent alterations and repairs thereto, restore the Easement Area, and the area adjacent to the Easement Area to the extent disturbed or affected by such construction, alterations and repairs, to substantially the same condition as it was prior to such construction, alterations, or repairs. Further, in exercise of its rights :©d under this Easement, Grantee and its agents shall not unreasonably interfere with the Grantor's use, and the use of Grantor's tenants, of the property outside the Easement Area. Grantee shall be responsible for and shall, at its own expense, undertake all construction, maintenance, repair, replacement, improvement and :#«©» of the Facilities for public infrastructure purposes. 10. 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. 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 under this Easement. 2. Grantor shall not interfere in any manner with the easement rights granted to Grantee in this Easement. Without limitation, Grantor shall not: a. Following the effective date of this Easement, erect or construct any new buildings, structures, or improvements within the Easement Area, exceptto the extent that a structure already existing in the Easement Area as of the effective ay: is damaged or destroyed, in which case the Grantor shall have the right and authority to rebuild the damaged structure or building in materially the same fashion or location. For purposes of this Easement, paved sidewalks and streets do not constitute buildings or structures provided, however that Grantor may not construct paved sidewalks or streets that unreasonably restrict Grantee's access to the Facilities © use of the Easement Area. b. Disturb or Endanger the lateral or subjacent support of the Facilities or unreasonably restrict Grantee's use of the Easement Area, consistent with the terms of this easement , dig, tunnel, or undertake any form of construction or other activity that may unreasonably disturb or damage the compaction of the Easement Area permitted under this easement, or intentionally or negligently Page 2 Parcel No. 202305-9084 Instrument Number: 20220531000584 Document:EAS Rec: $215.50 Page-3 of 13 Record Date:5/31/2022 11:46 AM King County, WA unearth the Facilities on the Property or in the Easement Area, or damage the Facilities. C. Plant trees, shrubs, or other vegetation having deep root patterns in adjacent to the Easement Area that may cause damage to or interfere with t use of the Facilities. I d. Develop, landscape, or beautify the Easement Area in any way that would unreasonably increase the coststo Grantee of restoring the Easement Area and any private improvements therein. f. Erect fences in such a way as to prevent access by Grantee's vehicles across t Im Property to the Facilities; provided that Grantor may define a reasonab access area for Grantee's use for the purpose of accessing the Facilities a Easement Area. Any fence in the Grantee's access area must provide for minimum of one opening (gated, removable sections, barriers, etc.) of at lea'' ten (10) feet in width, and shall comply with the applicable codes and la ws the City of Renton and State of Washington. 9. Erect any objects within fifteen (15) feet above the ground surface within the Easement Areas provided, however that to the extent an object, as of the effective date, already exists within fifteen (15) feet above the ground surface within the EasernentArea, Grantorshall not be obligated to remove such object and, if such object is damaged or destroyed, the Grantor shall have the right and authority to rebuild or replace the damaged object in materially the same fashion or location. 3. Grantor and Grantee acknowledge and agree that Grantee is the beneficiary of certain other Public Utty 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 aniN of the fore- * p-ease-ments conflict or contradict the terms of this Easement, this Easement shall control. 4. The rights granted herein shall not be construed to interfere with or restrict the rights Page 3 Parcel No. 202305-9084 Instrument Number: 20220531000584 Document:EAS Rec: $215.50 Page-4 of 13 Record Date:5/31/2022 11:46 AM King County, WA 5. This Easement and the rights, obligations and covenants stated in this Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Easement shall be recorded with the King County Recorder's Office. 6. Grantor covenants that it is the lawful owner of the above -described property and has authority to convey this Easement. 7Any lawsuit or legal action brought by any party to enforce or interpret this Easement or any of its terms or covenants shall be brought in the King County Superior Court for the St9te of W�sh-ytg A h e U7 I P e --talhistice Center in Kett, Kingy CQLD_N, Washing-to—g, a t _BLgijo in a court of law or arbitration to enforce the terms of this Easement, the prevailing party in attornev's fees =4, nttpr & The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability (including attorneys' fees incurred), for injuries, sickness or 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: 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 injurie sickness, death or damage caused by or resulting from the concurre negligence or willful misconduct of the Grantee and the Grantor, or of t Grantee and a third party other than an officer, agent, contractor or employ of the Grantee, Grantee shall be responsible only to the extent of the da caused by the negligence or willful misconduct of the Grantee (in cludin without limitation, an officer, agent, contractor or employee of the Grantee)l F11111 111S111 11 1 � 11 M 03111 it Page 4 Parcel No. 202305-9084 Instrument Number: 20220531000584 Document:EAS Rec: $215.50 Page-5 of 13 Record Date:5/31/2022 11:46 AM King County, WA INCLUDING, BUT NOT LIMITED TO, WASHINGTON STATE INDUSTRIAL INSURANCE ACT, TITLE 51 RCW. 9, It is understood and agreed that delivery of this Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Renton unless and until a. 10. Grantee shall pay Grantor its attorney's fees, costs for review of this easement, and c**wte�a 1.tv**K" thirty-seven dollars and fifty cents ($437.50). Payment will be made within thirty (30) days of approval of the Easement by the City of Renton. Effective Date: 20>2_. By: N/A Woodcliffe — 50, a Washington limited partnership, its Sole Member tip 1, 1111 IBM IME33MM Page 5 Parcel No. 202305­9084 Instrument Number: 20220531000584 Document:EAS Rec: $215.50 Page-6 of 13 Record Date:5/31/2022 11:46 AM King County, WA CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 Anotary public or other officer completing this certificate verifies only the identity of the individual who signed the (10CLIment to which this certificate is attached, and not the truthfuhiess, accuracy, or validity of that document, State of California County of MA 0, On before me, ---- 6_j0:j7___ Date Here Insert. Norne and Title of the Offlwe, personally appeared who proved to me on the basis of satisfactory evidence to be the personkwhose namN ewe. subscribed to the within Instrument and acknowledged to rne that h9she4tliay executed the same in Ir- lh*4their authorized capacity(i NN , and that by 01hef4halr signaturcjQ on the instrument the personeor the entity upon behalf of which the personN acted® executed the instrument. GAIL. M. MARTN-WHTE Notary Pubk . Califorma Santa Barbara County Commission # 2282950 My Comm. Expires Apr 21, 20Z3 Place Notary Seal and°'or Stomp Abovp I certify under PENALTY OF PERJURY Linder the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 11MMM ROME= Completing this information can deter ofteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(Iles) Claimed by Signer(s) Signer's Name: Li Corporate Officer — Title(s): [.I Partner -- 0 Limited 0 General * Individual 0 Attorney in Fact * Trustee o Guardian of Conservator * Other: Signer is Representing: (r-D2017 National Notary Association Number of Pages: Signer's Name: * Corporate Officer — Trtle(s):,_,,_..__ * Partner -- [3 Limited 0 General L.] Individual 0 Attorney in Fact 0 Trustee o Guardian of Conservator 0 Other: Signer is Representing: Instrument Number: 20220531000584 Document:EAS Rec: $215.50 Page-7 of 13 Record Date:5/31/2022 11:46 AM King County, WA City of Renton Its Date Page 6 Parcel No. 202 05®JO A Instrument Number: 20220531000584 Document:EAS Rec: $215.50 Page-8 of 13 Record Date:5/31/2022 11:46 AM King County, WA STATE OF ss. COUNTY OFSJ,+4j0jjU"1 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, and on oath stated that they were authorized to execute the instrument and acknowledged it as the L� ___- of NALS Opportunity 111, LLC, in its capacity as general ner of N/A 0, c T pai Iffe — 50, in its capacity as sole member of NALS Woodcliffe, LLC, a Delaware limited liability company, to be the free and voluntary act of such party for the uses 11RAMR7111MMM 194 DATED this ``day of mm GAIL M, MARTIN -WHITE Notary bl".. C "for",. otary Pubhc " CaMornia Santa Barbara County Commission # 2282950 my Comm, Expires Apr 21, 2023 Printed Name Residing at.12�_ My appointment expires A�11110a, Instrument Number: 20220531000584 Document:EAS Rec: $215.50 Page-9 of 13 Record Date:5/31/2022 11:46 AM King County, WA EXHIBIT "A" 'K.C. TAX PARCEL 202305-9084 PROPERTY DESCRIPTION That portion of the West half of Section 20, Township 23 North, Range 5 East, ., in Ding County, Washington, described as follows: Beginning at the West quarter corner of said Section; Thence North 0044'05" East 329.59 feet to the southerly margin of the City of Seattle's 00-foot Diablo Transmission right-of-way as contained in instrument under Auditor's File No. 3560496; Thence along said southerly margin North 37023'49" East 356.66 feet to the 'True Point of Beginning; Thence continuing North 6711234" East along said southerly margin 1,053.1 feet to the West line of the City of Seattle's 100-foot right of way; Thence South 06037'30" East along said 100mfoot right of way 251.5 feet to the North line of Puget Sound Power and LightCompany's 120Mfoot right-of- way as contained in instrument recorded under Auditor's File No. 5687370; Theme South 62022'30" West along said North line 50.70 feet; Thence continuing along said North line South 7403217" West 1055.92 feet to a point which bears South 0213611" East 490.00 Feet from the True Point of Beginning; Thence North 0203611" West 490.00 Feet to the True Point of Beginning; EXCEPT that portion thereof conveyed to the City of Renton for street by deed recorded January 12, 1973 under Recording Number 7801120791; ALSO EXCEPT that portion of the West half of said section 20 described as follows; Beginning at the West quarter corner of said section; Thence North 0044'05" East 329.59 feet to the southerly margin of the City of Seattle's 200-foot Diablo Transmission right-of-way as contained in instrument under Auditor's File No. 3560496, Records of Kin County,Washington; Instrument Number: 20220531000584 Document:EAS Rec: $215.50 Page-10 of 13 Record Date:5/31/2022 11:46 AM King County, WA Thence along said 8 feet to a point noted as the True 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; northeasterlyThence North 46026'50" East along the line 77,44 feet to the point of curvature of a curve M the left having a radius of 170.00 feet; Thence northeasterly and northerly, along the arc of said curve, through central angle of 56115' 3" and arc distance of 172.67 feet; Thence North 7 011 `07" East 60.00 feet; Thence North 11046' " West 242.92 feet to the southerly margin of the City of Seattle's 200-foot Diablo Transmission right-of-way; Thence South 7023'49" West along said margin 265.2 feet to the True Point of Beginning; lyingALSO EXCEPT any portion southerly3 and the projection Instrument Number: 20220531000584 Document:EAS Rec: $215.50 Page-11 of 13 Record Date:5/31/2022 11:46 AM King County, WA k S.. B ;,1Y g,1,RCEL 2R23 El"UPT > s« strip of land lying 17.50„* of M described centerline: Instrument Number: 20220531000584 Document:EAS Rec: $215.50 Page-12 of 13 Record Date:5/31/2022 11:46 AM King County, WA North 87112535" East 50.80 feet from e of said of said centerline description; Government Lot 3, as measured along said margin, and the terminus terminate at the margins and property lines where Instrument Number: 20220531000584 Document:EAS Rec: $215.50 Page-13 of 13 Record Date:5/31/2022 11:46 AM King County, WA 50M N2°03'01"E 24 36' - 202305-9088 R=74.C}CD' A=54"43'24°" EXHIBIT TI aF ^"".� D'9!89-39'26""VW' L.JiAL) Y 1 gy 0 \ A =9-49"20" y N39°53'19"E 59.77' 202 -9084 a67. 6'59""E 17. 0' ill a L=64.-41 ° r P=71 M' =51®5626," xv PERMANENT EASEMENT N52°40'23"" (SHADED AREA) 3 .51' 10, NO'41'57 "W 6&64' L=71.10' i=69.00' 35"=4'46°9"" �..PC INT "(3"" - PROPERTY LINE N46°26' 7"W- 40.43" e—,331, 1\ „ M 202305-9012 (PTN) 20230 »-9013 (Pi) AREA =14049 F NOrE:-,iRTC;�iR CFffA—TlCiN6-t- S �ECt"6� P�C�F��Ft�f�@Pd�f3i�SChS OC1�l� Z k PRESENT A O�Jhl�BARY COMPILED FROM CALCULATED AND