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Home My WebLink AboutE 20220531000585Instrument Number: 20220531000585 Document:EAS Rec: $218.50 Page-1 of 16 Record Date:5/31/2022 11:47 AM Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY AL VASS] City of Renton City Clerk's Office 1055 South Grady Way Renton, WA 98057 NALS WoodclKe, LLC, a Delaware limited liability corporationGrantee(s): City of Renton, a Washington municipal Number:Abbreviated Legal Description: POR. NWI/4-SEC. 20-23N-5E-KING CO Full Legal Description on e(s) Exhibit "A" and Exhibit "B" of document Assessor's Tax Parcel � NumberReference of Related Documents: This Temporary Construction Easement (the "Construction Easement"), is made and entered into as of the last signature date set forth below, by and between NALS .., LLC, a Delaware limited liability company ("Grantor"), and the City of Renton, a Washington municipal corporation ("City" or "Grantee"), its successors and assigns. For good and valuable consideration,receipt grantacknowledged, Grantor, as the owner of that certain real property, designated by the King County Assessor's Office as King County Parcel Number 202305-9112, legally described on Exhibit "A" (the "Property"), attached hereto and incorporated by this reference, does hereby and across that portion of K, Property described on Exhibit "B" ("Easement Area") and repairingdepicted on Exhibit "C", which Exhibits are attached hereto and incorporated by this reference, for the purpose of installing and existing public and private improvements in the immediate vicinity of the Easement Area; accessing the Easement Area; and repairing, restoring and/or reestablishing any improvements 'Ai while undertaking the activities described above. Page 1 Parcel No. 202305-9112 Instrument Number: 20220531000585 Document:EAS Rec: $218.50 Page-2 of 16 Record Date:5/31/2022 11:47 AM King County, WA The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide a minimum of three business days' notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null andtwenty- four (24) months after the commencement of project construction or (ii) upon restoration of 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 Grantor, Grantee shall approve a termination to be recorded with the King County Recorder's office. 1The 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 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 m a g' caused by the negligence or willful misconduct of the Grantee (includin without limitation, an officer, agent, contractor or employee of the Grantee)l 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. Page 2 Parcel No. 202305-9112 Instrument Number: 20220531000585 Document:EAS Rec: $218.50 Page-3 of 16 Record Date:5/31/2022 11:47 AM King County, WA ME= 21. the cost of all work completed in the Easement Area by or on behalf of Grantee shall be at Grantee's sole expense, b. the Grantee and its agents' use of the Easement Area pursuant to thm Construction Easement shall be in such a manner so as not to unreasonab interfere with Grantor's access to or use of the Property, or the qui enjoyment of Grantor and Grantor's tenants of the Property, and furtherance thereof (but without limitation), Grantee and its agents sh conduct construction activities only during normal business hours, I 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 2. 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. 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 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. Page 3 Parcel No. 202305-9112 Instrument Number: 20220531000585 Document:EAS Rec: $218.50 Page-4 of 16 Record Date:5/31/2022 11:47 AM King County, WA 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 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. 7. It is understood and agreed that delivery of this Construction Easement is hereby ternM-e&aTWFtfidtt1Te tt-i-ftry-d-n-d Renton, unless and until accepted and approved hereon in writing by the City of Renton. If the City of Renton does not approve this Construction Easement on or prior to the date which is 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 f=-trunr&&_d thirty-seven dollars and fifty cents ($437.50). Payment will be made within thirty (30) days of approval of the Easement by the City. Dated: 202a, Page 4 Parcel No. 202305-9112 Instrument Number: 20220531000585 Document:EAS Rec: $218.50 Page-5 of 16 Record Date:5/31/2022 11:47 AM King County, WA By: N/A Woodcliffe —,Sid, a Washington limited partnership, its Sale Member III Page 5 Parcel No. 202305- 11.2 Instrument Number: 20220531000585 Document:EAS Rec: $218.50 Page-6 of 16 Record Date:5/31/2022 11:47 AM King County, WA CALIFORNIA ALL-PURPOSE LED CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the docurnent to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of I . before me, t. e Can �..,�._..._.�� Bate insert Name and Title of the Officer personally appeared Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence be the person whose name( j a subscribed to the within instrument armd acknowle ed to rime that o sly/they escecu ed the same 6n a h h authorized capacity(i , and that y G iv h of signature K on the instrument the person , or the entity upon behalf of which the personKacted, executed the instrument. ;h (AIL M.MARTIN-WNiTE Notary Public - CaWarnia Santa Barbara County . Carr,mrssaon # 2282.950 My CwT rn, Expires Apr 21, 2023 Place Notary seat andfcrr Stamp Above f- l certify under PENALTY OF PERJURY under the laves of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal, Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date:__—. Signer(s) Other Than Narned Above: Capacity(les) Claimed bySigner(s) Signer's Marne:.__ * Corporate Officer — 'Title=(s): * Partner -- 0 Limited 0 General * Individual 0 Attorney in Fact: 0 'Trustee o Guardian of Conservator 0 Other; Signer is Representing: Number of Pages: Signer's Narrre: ci Corporate Officer ._ Tltle(s): * Partner — 11 Limited 0 General individual 0 Attorney in Fact 0 Trustee o Guardian of Conservator 0 Other: _ Signer is Representing: A :�' M t , d .�, x d,+w- ,{�,S.,,c.awtt,k`,t::��,+ .d.,`ki.G;`", et;:'�* i'i.ti*`,:�,m ;�mmY.;e�;:,".�"dS��$. �;'�°s�,'^"��`.+a:,,£.,fis1�.�':�w,txsirU§�^u�,twtrz �� sir ti . MID �,�4Vka.�,' �,w..� �.r_ 02017 National Notary Association Instrument Number: 20220531000585 Document:EAS Rec: $218.50 Page-7 of 16 Record Date:5/31/2022 11:47 AM King County, WA rI City of Renton BY Its [Tit1ej1&6A c Date 1 Page 6 Parcel No. 202305- 112 Instrument Number: 20220531000585 Document:EAS Rec: $218.50 Page-8 of 16 Record Date:5/31/2022 11:47 AM King County, WA I certify that I know or have satisfactory evidence that "Lt4 1-- 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 of NALS Opportunity III, LLC, in its capacity as general partnei ---:-�o "N/A dcriffe — 5C� 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 and purposes mentioned in the instrument. Page 7 Parcel No. 202305-9112 Instrument Number: 20220531000585 Document:EAS Rec: $218.50 Page-9 of 16 Record Date:5/31/2022 11:47 AM King County, WA EXHIBITA PARCEL 03„ Page 7 Parcel No. 202305-9112 Instrument Number: 20220531000585 Document:EAS Rec: $218.50 Page-10 of 16 Record Date:5/31/2022 11:47 AM King County, WA EXHIBIT ;. Instrument Number: 20220531000585 Document:EAS Rec: $218.50 Page-11 of 16 Record Date:5/31/2022 11:47 AM King County, WA EXHIBIT B PARCEL *, 202305-9112 Page 9 Parcel No. 202305-91.12 Instrument Number: 20220531000585 Document:EAS Rec: $218.50 Page-12 of 16 Record Date:5/31/2022 11:47 AM King County, WA PARCELEXHIBIT "B" 0 • _ '" • 11�. ,*'.'"`' #two, 14 '* ,ern.' M' . described centerline: Thence along said curve 57.86 feet through a central angle of 1211 s0' Thence North 27149'28" West, non -tangent to + *'. Z Instrument Number: 20220531000585 Document:EAS Rec: $218.50 Page-13 of 16 Record Date:5/31/2022 11:47 AM King County, WA t A Z , Beginningaforementioned being the beginning of a curve concave to the Northeast having a radius of 429.56 feet and a radial bearing to which bears South 70030'30" West-, angle Thence northwesterly along said curve 21.64 feet through a central Thence North 19115'25" West 103.36 feet to a point hereinafter referred IF as "Point„d the terminus of said described described centerline: Instrument Number: 20220531000585 Document:EAS Rec: $218.50 Page-14 of 16 Record Date:5/31/2022 11:47 AM King County, WA Thence along said curve 21.47 feet through a central angle of 11 Y M :. The sidelines of described easement to be extended or shortened to begin a terminate at the margins and property lines where the described centerlines, terminate. I Instrument Number: 20220531000585 Document:EAS Rec: $218.50 Page-15 of 16 Record Date:5/31/2022 11:47 AM King County, WA EEC PAC- 2� TEPAPC) Y --f CONSTRUCTION EASEMENT NT Stantec 11.1.30 NE 33rd Place, Bellevue WA 98004 phone: (425) 869-9448 L=24.1 ' d, =03" 9 3'9. 8" PROPERTY R=1.f"w 2' q 1 A=1 W'42'4 " ]�NOTREPRESEN `IC3CJ7FS OLINC7AFi'a/CSRS9fP ��NOTE:JPRO�ERTYY i.dPil�t�I�diEh853Ci�JS D FROM CALCULATED AND R OR ! 202305-9112 LOT 2 � L-012a079 N�y41 �g p g W ,g gyps ry ` ...�""�� 9�4 0 p°dkCii"'�% d 61k9.6. f � „ N27°49'28"W 10.7 ' N37°25' 5" 16.07' ---- _ __.e_...__._TCP AREA=9,379± OF NW114, SEC 20, T23N., R05E., WN, CITY OF RENTON THUNDER DILLS SEWER INTERCEPTOR TO l ILITATIC TEMPORARY CONSTRUCTION EASEMENT PARCEL 202305-9112 aLe ��czrrir� �A� NR7A FjLE PATEJ .. 5— ��ta NTH 7l25i2019 Ei ll4I �d.12002i...36111e t MJL Instrument Number: 20220531000585 Document:EAS Rec: $218.50 Page-16 of 16 Record Date:5/31/2022 11:47 AM King County, WA L=21, T' _._,,. --. -- 10.50' A=11 °53"04" N24024'21" 102.26s' N22" *50'32" W ---.....ems.,,» 90, 0' Stantec 1.11.30 NE 33rd Place, Bellevue WA 93004 phone: (425) 869-9448 Efflam EXHIBIT Vf 'g PAGE 2 OF 2 202305®9005 X49 jNWdT-REPRESENT 3T:—THIS ONFCDA M—ATIOUNWd�4DES A tt3tld�l& 9AF Y VEY OR PROPERTY OWNERSHIP 69012"24"Ec�c�m: FoE �v sr�inr�ici 4.14' TOMALED FROM CALCULATEC AM1IGi RE ORD SOURCES — POINT 202305-9070 N 02031'{f" 6.06' x ... .., _ 20:230 91.1 . 1 PROPE i Y LOB" 2 LINE L-012-079 -N34*1T13"W 32, 1" N 17°47" 2"W 15. 4' ,,—N70'44'35"°Em 26.23' TEMPORARY CONSTRUCTlON 'L EASEMENT N19015'25" _..—.- 103.36' A=02°53"11" EE PAGE 1 —. POINT T K NW114, SEC 20, T23N.„ R05E., W.M, CITY OF RENTON THUNDER MILLS SEWER INTERCEPTOR k A ILITATI N TEMPORARY CONST U TIOA S d T PARCEL 20230 —9112 5 .� Pi.CY7"iBNG C3ATE �7€VuIU FIIE P.0.3'3i I f;hiEFGE[i , N TS I 7/2 12019 I I M IV:i20024...36111esmt I MJL