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HomeMy WebLinkAboutE 20220531000588Instrument Number: 20220531000588 Document:EAS Rec: $216.50 Page-1 of 14 Record Date:5/31/2022 11:49 AM Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY AL VASS] Mal= City of Renton City Clerk's Office MWAiMA"tam EMM�Ml The Grantor(s), NALS Woodcliffe, LLC, a Delaware limited liability company ("Grantorthe owner of the per legally described on Exhibit "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," "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 Parcel No. 202305-9112 Instrument Number: 20220531000588 Document:EAS Rec: $216.50 Page-2 of 14 Record Date:5/31/2022 11:49 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 practicable after construction of the Facilities and all subsequent alteratio and repairs thereto, restore the Easement Area, and the area adjacent to t Easement Area to the extent disturbed or affected by such constructio alterations and repairs, to substantially the same condition as it was prior such construction, alterations, or repairs. Further, in exercise of its righ I granted under this Easement, Grantee and its agents shall not unreasonab 3 interfere with the Grantor's use, and the use of Grantor's tenants, of t property outside the Easement Area. Grantee shall be responsible for a shall, at its own expense, undertake all construction, maintenance, repai I I replacement, improvement and upkeep of the Facilities for publ infrastructure purposes. b. 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 ne buildings, structures, or improvements within the Easement Area, except to t extent that a structure already existing in the Easement Area as of the effecti date is damaged or destroyed, in which case the Grantor shall have the rig and authority to rebuild the damaged structure or building in materially t same fashion or location. For purposes of this Easement, paved sidewalks a streets do not constitute buildings or structures provided, however th Grantor may not construct paved sidewalks or streets that unreasonab restrict Grantee's access to the Facilities or use of the Easement Area. I bDisturb or Endanger the lateral or subjacent support of the Facilities unreasonably restrict Grantee's use of the Easement Area, consistent with t terms of this easement , dig, tunnel, or undertake any form of construction other activity that may unreasonably disturb or damage the compaction of t Easement Area permitted under this easement, or intentionally or negligentl Page 2 Parcel No. 202305-9112 Instrument Number: 20220531000588 Document:EAS Rec: $216.50 Page-3 of 14 Record Date:5/31/2022 11:49 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 (a 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 woul4, unreasonably increase the costs to 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 the Property 'to the Facilities; provided that Grantor may define a reasonable access area for Grantee's use for the purpose of accessing the Facilities and Easement Area. Any fence in the Grantee's access area must provide for a minimum of one opening (gated, removable sections, barriers, etc.) of at least ten (10) feet in width, and shall comply with the applicable codes and laws of the City of Renton and State of Washington. 9. Erect any objects within fifteen (15) feet above the ground surface within t Easement Areas provided, however that to the extent an object, as of t effective date, already exists within fifteen (15) feet above the ground surfa within the Easement Area, Grantor shall not be obligated to remove such obje and, if such object is damaged or destroyed, the Grantor shall have the ri and authority to I rebuild or replace the damaged object in materially the sa fashion or location. 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. Page 3 Parcel No. 202305-9112 Instrument Number: 20220531000588 Document:EAS Rec: $216.50 Page-4 of 14 Record Date:5/31/2022 11:49 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. 7. Any 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 State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, Wii1A61Vt11#k vlfflab� in a court of law or arbitration to enforce the terms of this Easement, the prevailing party in ft-w I f --i litigation or arbitration expenses, including fees and costs on appeal. 8. 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: a. The Grantee's obligations to indemnify, defend and hold harmless shall n] extend to injuries, sickness, death or damage caused by or resulting from t sole willful misconduct or sole negligence of the Grantor; and The Grantee's obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrenl- negligence or willful misconduct of the Grantee and the Grantor, or of the -T - -7,n nfficer_UgpJ. cgitrartor aL iL�#j Vt e r t It, a n i as P��i as Page 4 Parcel No. 202305-9112 Instrument Number: 20220531000588 Document:EAS Rec: $216.50 Page-5 of 14 Record Date:5/31/2022 11:49 AM King County, WA INCLUDING, BUT NOT LIMITED TO, WASHINGTON STATE INDUSTMAL 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 approved hereon in writing by City of Renton. If the City of Renton does not approve this Easement on or prior to the date which is sixty (60) days after the Grantor's execution of this 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. approval of the Easement by the City of Renton. Effective Date: a 20 its Sole Member Page 5 Parcel No. 202305-9112 Instrument Number: 20220531000588 Document:EAS Rec: $216.50 Page-6 of 14 Record Date:5/31/2022 11:49 AM King County, WA CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 .,r „ 4, c,.ck z'b 1"� ti+` r=A�' .,Sk.r A notary public or other officer completing this certificate verifies only the ideality of the individual who signed the document to which this certificate is attached, and riot the truthfulness, accuracy, or validity of that document, State of California County of ._..�. O . e_.__ ... ,. e _ m d l r lase ri 6Vr�rrr andiltle a the (3 � n .,.� before rxi �r :_..w� > Dat personally appeared who proved to me can the basis of satisfactory evidence to be the person , whose narne( s subscribed to the within instrument and acknowledged to me that. t executed the same in ° f t authorized capacity ), and that by ' h ;; °siignaturd on the instrument the perscinK or the entity upon behalf of which the person' "acted, execrated the instrument. o GAri. M.MARTIN-WHITE Notary PUbtc Caffornia Santa Barbara County Commission # 2282950 My Comm. Expires Apr 21, 2023 Place Notary Seal and/or 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 ray hand and official seal. Signature Signature of Notary Public Completing this information can deter alteration Ma he document or fraudulent reattachment of this form to i''yn unintended document. Description of Attached Document Title or Type of Document: Document Crate: Signer(s) Other Than darned above: Capacity(lies) Claimed by Signer(s) Signer's Name: li Corporate Officer _._ Title(s): _... Li Partner -- D Lirnited 0 General 0 individual Ll Attorney in Fact 13 Trustee Li Guardian of Conservator 0 Other Signer is Representing: _ Number of Pages: Signer's Marne: • Corporate Officer — Titie(s): • Partner— 0 Limited 0 General • individual 0 attorney in Fact 0 Trustee o Guardian of Conservator 0 Other; Signer is Representing: S'd:.c"w'"i• %=r,: d'ia�. o:.'?.~i*� .Awit..OV'1 i+3fi1' ;I,�,"'Lr�v,+eiuv i�yc,,,iia trsd..f,,t.,'-ai,o'4 ",k"4,, ".q�W ,Vpx"w<,'-'t,,Y'6",w' 02017 National Notary Association Instrument Number: 20220531000588 Document:EAS Rec: $216.50 Page-7 of 14 Record Date:5/31/2022 11:49 AM King County, WA .,I City of Renton By_LJJ .. Its [Title] . t q _ _� h Lute1%j ?bzz,. Page 6 Parcel No. 202305-9112 Instrument Number: 20220531000588 Document:EAS Rec: $216.50 Page-8 of 14 Record Date:5/31/2022 11:49 AM King County, WA COP ORATEILLCIREPRESENTATIVE ACKNOWLEDGMENT STATE OF � ,4,t4p COUNTY OF I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknovIledtge'd that they signed this instrument, and on oath stated that they were !suthorized to execute the instrument and acknowledged it as the of NALS Opportunity III, LLC, in its capacity as general partner of N/A Woodcliffe — 50, in its capacity as sole member of NALS Woodcliffe, LLC, a DelawqrLz li i,`jUddtjm4i&,,,y and purposes mentioned in the instrument. �- DATED this "day of EM 207-2— GAIL M. MARnN-WHITE California Notary Public Residing at Santa Barbara County Commission # 2282950 My Comm. Expires Apr 21, 2023 My appointment expires_ k Page 7 Parcel No. 202305-9112 Instrument Number: 20220531000588 Document:EAS Rec: $216.50 Page-9 of 14 Record Date:5/31/2022 11:49 AM King County, WA a- Instrument Number: 20220531000588 Document:EAS Rec: $216.50 Page-10 of 14 Record Date:5/31/2022 11:49 AM King County, WA EXHIBIT "B" L , v k �r MN't k. propertyThat portion of the real hibit r. described" herein, lying in Government Lots 2 and 3 in the South half of the Northwest quarter, and that portion of Government Lot 1 in the Northwest quarter of the Northwest quarter of Section 20, Township 23 North, Range 5 East, W.M., in King County, Washington, further >ot wide strip of land lyingfeet ,i described centerline: I � � M being on r southerly line of Lot 2, City of Renton Lot Line NumberAdjustment Number LLA-012-79, Recorded under Recording 1 Thence along said curve 57.86 feet through a central angle of Thence North 27*4921e West, non -tangent to said curve, 10.7 feet; .,: radius of 429.56 feet d a', bearing to which bears South 67017'22" West; "Point Thence northwesterly along said curve 24.13 feet through a central angle of 3113'08" to a point hereinafter referred to as Instrument Number:20220531000588 Document:EAS Re£:$216.50 Page -II of14 Record Dam :5/3 I/2 022 II:49 AM King County WA TOGETHER WITH a <»a»z>»trp of land lying 45.00 feet Yeestet,,, side « 4 ?260feet onThe easterly »22 «» » «««« m »?« Beginning©»a the aforementioned "Point W said pin being the beginning of a curve concave to the Northeast having a radius of 429.56 w : and a radial ©.,ar to which bear South » r ?2 ?" ngle of 115V 1 Thence North 191525" West 93. feet ..» pin hereinafter referred to as "Point : the terminus « said described 2\»<»T e » 4 »\ the following described centerline: ><»:© S2 10 <° Thence 21.47 feet through v central angle of <)y2#X\ Instrument Number: 20220531000588 Document:EAS Rec: $216.50 Page-12 of 14 Record Date:5/31/2022 11:49 AM King County, WA :. , The sidelines of described easement to be extended or shortenedbegins F terminate at the margins and property lines where the described centerlines unit Instrument Number: 20220531000588 Document:EAS Rec: $216.50 Page-13 of 14 Record Date:5/31/2022 11:49 AM King County, WA 1p R=429.56' A=2'53'1 1 R=429Z& A=3'1 3'08" FULL. WIDTH OF PERMANENT EASEMENT 202305-9113 (LOT 1 CITY OF RENTON LI-A-012-79) TT 77T� 1 �p 114' "'�l 3 0' qT"K" PERMANENT EASEMENT (SHADED AREA) 202305-9112 (LOT 2 CITY OF RENTON LLA-012-79) L=364AY R=1785.32' A=1 1'42'49" PROPERTY LINE 35' PROPERTY LlNE EXHIBIT "C" PAGE 1 OF 2 IN N41 *45'06"W 10025' N27'49'28"W 10J8' L=57.86' R=272.08' A=12'11'00" N87'25'35"E I&OT POINI — — — -------- 17 —1-1 �� i �'�kt Tp—PDIAL TOTAL AREA 12094± SQF �LQTE, THIS INFORMATION DOES NOTE PROPERTY LINE DMENSIONS U NOT REPRESENT A BLOUNDARY -�(-)MPILED FROM CALCULATED AND y U OW S SURVEY OR PROPERTY OWNERSJHiP RECORD SOUR�(AftS NW1 /4, 11130 NE 33rd Place, Bellevue WA 98004 SEC 20, T23N., R05E., W.M. CITY OF RENTON HUNDER HILLS SEWER INTERCEPTOR REHABILITATION PERMANENT EASEMENT PARCEL 202305-9112 --'TDPAWN 7 -PL6i7ING DATE FILE PAfH NTS 1 7124/2019 1 IMM jV:\2002\-361 1 �esrnt I MJL Instrument Number: 20220531000588 Document:EAS Rec: $216.50 Page-14 of 14 Record Date:5/31/2022 11:49 AM King County, WA S69"12°24'°E \ '01NT `" " N12"31'17"W 6.06" 20230 a®9070 L-21AT.—' R=103.50' =l 1'53'04" 24®24°21"_- 02..26° 0� , PROP RW Elba N22"50a32' .._... e 90,40POINT "L" ° 19.29°, 202305-9113 (LOT• 1 CITY OF RENTON L..L.A-012-7) N19'15'25'W ; 93.36° Is EXHIBIT �V a� PAGE 2 OF 2 POINT "K" .AM L 21,64` t RMAh ENT EAS ENT Ip� 429.*.56qq ( ' 0 (SHADED AREA) A 2G a3`1 Ten t 202305-9112 t L= 4,13 , (LOT 2 CITY OF RENTON =429.56° LLA-012-79) A_.13'08" SEE EXHINT "C" 'AGE 1 OF 2