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HomeMy WebLinkAboutE 20220815000344Instrument Number: 20220815000344 Document:EAS Rec: $212.50 Pa -1of10 Excise Docs: 3204751 Selling Price: $0.00 Tax Amount: $10.00 Record late:8/15/2022 11:19, Electronically Recorded King Count WA After recording return document to: City of Renton City Clerk's Office 1055 South Grady Way Renton, WA 98057 PIXASE MAKE NO MARK. IN THE MARGIN SPAC - RLISFRVLI) FOR COUNTY RECORDER'S UW� Grantor(s): ACI Real Estate SPE 138, LLC Grantee(s): City of Renton Abbreviated Legal Description: Pin of Hit Tobin Donation Claim No. 37, Pin Tr. 14 Renton Shorelands. Sl 8 T23N R5E W.M.; Ptn of Lot 2, City of Renton Lot Line Adjustment No. LLA-010-82 under Rec. No. 8211239011; Ptn of the E 1/z of S18, T23N R5E W.M. Full Legal Description on pages: 5, 7, and 9 Assessor's Tax Parcel Numbers: 182305-9071; 000720-0199; 000720-0004 Reference Number of Related Documents: N/A Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd PI) Project This Temporary Construction Easement (the "Construction Easement"), is made and entered into this 9th day of August 2022, by and between ACI Real Estate SPE 138, LLC, a Delaware limited liability company, (collectively "Grantor"), and the City of Renton, a municipal corporation ("City" or "Grantee"), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, as owner of that certain real property described on Exhibits A-1, A-2, and A-3, does hereby grant to the City under the imminent threat of the Grantee's exercise of its rights of Eminent Domain, a 340 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property and depicted on Exhibit B- I for 182305-907 1; a 1,741 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit B-2 for 000720-0199; and a 772 square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit 13-3 for 000720-0004, which are attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Page I of 10 Pages Parcel No. 182305-9071; 000720-0199; 000720-0004 Instrument Number: 20220815000344 Document:EAS Rec: $212.50 Page-2 of 10 Record Date:8/15/2022 11:19 AM King County, WA I'LIIASFIIAKLNO.IRKIN'rIIEMARGIN SPACE ,RESERVIiDIO.COI.JYrYRECORDER' SIISEOKLX TEMPORARY CONSTRUCTION EASEMENT Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed by the Grantee within the temporary easement area, whichever is sooner, but in no event later than June 30, 2025. The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee's rights under this Construction Easement 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 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, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). 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 etTective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. Page 2 of ( 10 ) Pages Parcel No. 182305-9071; 000720-0199; 000720-0004 PLEASE MAKE NO MARK IN TIFF MARCHN SPACE - RESERVED FOR COUNTY RECORDER'S USE ONLY, Instrument Number: 20220815000344 Document:EAS Rec: $212.50 Page-3 of 10 Record Date:8/15/2022 11:19 AM King County, WA PLEASE MAKE 110 MARK IN THE MARGIN SPACH- RESERVED FOR COUN'ry RECORDER'S USE ONLY TEMP�ORAkY"COJN'STRUCTI I ON kAsEM&t This Construction Easement and covenants herein 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, Grantor covenants that it is the lawful owner of the above -described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. Auoust-9, 2022 Gr4,otor:� ACIReal Estato SPE 138, LLC a M Accepted and Approved City of Renton By LS6)1­tL Its Ue4 Date Aew'k zc)7--Z- V Page 3 of( 10 ) Pages Parcel No, 182305-9071; 000720-0199; 000720-0004 PLEASE MAKE NO MARK IN THE, MARGIN SPACE - RESERVED FOR C()UNTV RECORDFICS USE ONLY. Instrument Number: 20220815000344 Document:EAS Rec: $212.50 Page-4 of 10 Record Date:8/15/2022 11:19 AM King County, WA---------- I ------ PLEASE MAKE NO MARK IN TH1, MARGIN SPACE - RESERVED FOR COUNTY RECORDER'S USE ONLY TEMPORARY CONSTRUCTI STATE OF IDAHO_ COUNTY OF ADA I certify that I know or have satisfactory evidence that Bradley R. Beckstrom is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the _g[qqp Vice Pre of ACI Real Estate SPE 138L[,.0 to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this 9th day of August 20 22 (SEAL) NLary Public NUMM21OR Residing at B q My appointment expires August 30, 2027 Page 4 of ( 10 ) Pages Parcel No. 182305-9071; 000720-0199; 000720-0004 PLEASE MAKE NO MARK IN TFIE, MARGIN SPACE - RESERVED FOR COUN'FV RECORDER'S USE ONLY. Instrument Number: 20220815000344 Document:EAS Rec: $212.50 Page-5 of 10 Record Date:8/15/2022 11:19 AM King-Gmmty, W.A. ------ PLEASE MAKE NO MARK IN TWIF MARGIN SPACE - RESERVED FOR COUNTY RFC.OIU)rR'S USE ONLY TEMPORARY CONSTRUCTION EASEMENT EXHIBIT A-1 FULL LEGAL DESCRIPTION OF PARCEL NO. 182305-9071 (PER RAINIER TITLE COMPANY ORDER NO, 798553, DATED AUGUST 24,2021) LOT 2 OF CITY OF RENTON LOT LINE ADJUSTMENT NO, LLA-01 0-82, OF LOT LINE ADJUSTMENT SURVEY RECORDED UNDER KING COUNTY RECORDING NO. 8211239011, BEING A PORTION OF GOVERNMENT LOT 10 AND TRACTS 10 AND I I OF RENTON SHORELANDS 2ND SUPPLEMENTAL, ALL IN SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN; TOGETHER WITH THAT PORTION OF VACATED LAKE AVENUE SOUTH ADJOINING, PURSUANT TO CITY OF RENTON ORDINANCE NO, 4640 RECORDED UNDER RECORDING NO, 9611150135; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Page 5 of ( 10 ) Pages Parcel No. 182305-9071; 000720-0199; 000720-0004 PLEASE MAKE NO MARK IN 1HE MARGIN SPACE - RESERVED FOR COUNTY RECORDER'S USE ONLY, Instrument Number: 20220815000344 Document:EAS Rec: $212.50 Page-6 of 10 Record Date:8/15/2022 11:19 AM King County, WA K,E'A5E:, MAKE NO MARK 1N THE MARGIN SPACE? - RESERVED FOR COUNTY RECORDER'S USE. ONLY TI MJi O RY C ON'STII.IJC;TION EASEMENT K i14 SEC ifs, 1, 23 N,, Nr 5 E,, WV,, t �s C`1 } a 1 gray « ^ TAX LOT NUMBER '' 1 114;5L'P-116TE'1 4C1 p LLJ TEMPORARY CONSTRUCTION EASEMENT L1,01 mow, rwROW ACWgRM d k IA-661 ,50 L=1u1,02 r cm�d ��5• ip w�p Q k p 4 V } _f0 1Y LOB( TAX LOT UMBER G 182305-- 071 �PROPERly LINE .. ATE JO E 18, 2020 WI MIT PARCEL 182305-9071 S 4&a = &4 EiEt .G"' ^ ., TEMPORARY CONSTRUCTION EASEMENT Page fE of ( 10 ) Pages Page T of 3 FILE, rb.LtWf; Parcel No, 182305-9071; 000720-0199;000720-0004 PLEASE MAKE~ NO MARK INTHE MARGIN SPACE - RESERVED FOR COUNTY RECORDER'S USE ONLY. Instrument Number: 20220815000344 Document:EAS Rec: $212.50 Page-7 of 10 Record Date: 8/1512022-11:19 AM King-Counly, WA PLEASE 11AK1'1O MIRK IN TFM MARGIN SPACE . RESERVED FOR COUN TY RLCORDER'S I ISE ONLY TEPOFAY C N- Nt ONSTRUCTIO'k,A�FMk, EXHIBIT A-2 FULL LEGAL DESCRIPTION OF PARCEL NO. 000720-0199 (PER RAINIER TITLE COMPANY ORDER NO. 798553, DATED AUGUST 24, 202 1) THAT' :PORTION OF THE H.H. TOBIN DONATION CLAIM NO. 37, AND THAT PORTION OF GOVERNMENT LOTS 9 AND 10, AND 'THAT PORTION OF TRACTS 12, 13 AND 14 OF RENTON SHORELANDS, SECOND SUPPLEMENTAL MAPS, ADJACE-,N'I' TO SAID GOVERNMENT LOTS 9 AND 10, AND THAT PORTION OF VACATED LAKE AVENUE, PER, CITY OF RENTON ORDINANCE NO. 4714, RECORDED UNDER KING COUNTY RECORDING NO. 9804220125, ALL SITUATED IN SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF T14E WEST MARGIN OF SHATTUCK AVE (FORMERLY SHATTUCK STREET) AND T14E NORTH MARGIN OF SOUTH 3RD STREET (FORMERLY 3RD AVE); THENCE NORTH 88040'50" WEST ALONG SAID NORTH MARGIN, A DISTANCE OF 577.61 FEET, TOTHE TRUE POINT OF BEGINNING; THENCE NORTH 0 1 0 19'10" EAST, A DISTANCE OF 140.00 FEET; THENCE NORTH 88040'50" WEST, A DISTANCE OF 8.98 FEET TO A POINT ON THE SOUTHEASTERLY MARGIN OF LAKE STREET, ACCORDING TO SAID RENTON SHORELANDS MAPS, SAID POINT BEING ON A CURVE, THE CENTER OF WHICH BEARS NORTH 57059'28" WEST; THENCE NORTH 57059'28" WEST 30.00 FEET TO A POINT ON THE CENTERLINE OF SAID LAKE STREET', SAID POINT BEING ON A CURVE, THE CENTER OF WHICH BEARS NORTH 57059'28" WEST HAVING A RADIUS OF 224.69 FEET; THENCE ALONG SAID CENTERLINE CURVE NORTHERLY AND EASTERLY AN ARC DISTANCE OF 24.56 FEET THROUGH A CENTRAL ANGLE OF 06015'45"; TIIENCE RADIALLY NORTH 64015'13" WEST 30,00 FEET TO A POINT ON T14E NORTHERLY MARGIN OF SAID LAKE AVENUE; THENCE NORTH 88'19'25 " WEST 61.83 FEET; THENCE SOUTH 00007'37" WEST 189.91 FEET TO A. POINT ON THE NORTH MARGIN OF SAID SOUTH 3RD STREET; THENCE SOUTH 88"40'50" EAST 108.61 FEET ALONG SAID NORTH MARGIN TO THE TRUE POINT OF BEGINNING; (NOW KNOWN AS LOT 2 OF CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA-99-089- LLA, RECORDED UNDER RECORDING NO. 20000111900006). SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON, Page 7 of ( 10 ) Pages Parcel No. 182305-9071; 000720-0199; 000720-0004 PLEASES MAKE' NO MARK IN THE, MARGIN SPACE - RESERVED FOR COMTV RECOPMER'S USE ONLY, Instrument Number: 20220815000344 Document:EAS Rec: $212.50 Page-8 of 10 Record Date:8/15/2022 11:19 AM King County, WA PLEASE MAKE NO MARKIN THE' MARGIN SPACE -RESERVED FOR COTJNI'Y RECORDER'S USE ONLY, ,V o NSTRUCTION EASEMENT TAX LOT NUMBER 18 2 30,5-- 90163 Em C rf z TAX LOT NUMBER 000720­019� P-, Or TEMPORArRY CONSTRUCION EASEMENT A,REA = 1741 S,F,± /7 4944 fit. . ... . .. .... ...... ROW ACOUISITON PRMANENT ESMT RNG RIGH (f WAY N 88*36'19" W S 3RD ST I NTT. TAX LOT NUMBER 000720--('V)4 fimmms 2020 nk 49,DWG EXHIBIT 0who PARCEL 000720-0199 k4w,re 11011 1F-MPORARY CONSTRUC110N EASEMENT Page 8 of( 10 ) Pages Parcel No. 182305-907 1; 000720-0199; 000720-0004 PLEASE MAKE NO MARK YNTHE MARGIN SPACE -RESERVED FOR COUNTY RECTORY: USE ONLY Instrument Number: 20220815000344 Document:EAS Rec: $212.50 Page-9 of 10 AM King Couuty-, WA PLEASE MAKE NO MARK IN TFIE' MARGIN SPACE - RESERVED FOR COUMfY RECORDFR'S USF ONLY tEMI'OkARY CON I STItUCTION EASEMENT EXHIBIT A-3 FULL LEGAL DESCRIPTION OF PARCEL NO. 000720-0004 (PER RAINIER TITLE COMPANY ORDER NO. 798553, DATED AUGUST 24,2021) LOT C, CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA-03-090-LLA, RECORDED UNDER RECORDING NO, 20031117900011, RECORDS OF KING COUNTY, WASHINGTON; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Page 9 of( 10 ) Pages Parcel No. 182305-907 1; 000720-0199; 000720-0004 PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COWIN RKORDER'S USE ONLY, Instrument Number: 20220815000344 Document:EAS Rec: $212.50 Page-10 of 10 Record Date:8/15/2022 11:19 AM King County, WA -------- 1--1 PLEASE MAKE NO MARK IN I'VIEMARGIN SPACE • RESERVED FOR COUNTY RECORDER'S USE ONLY TkMki RARY CONSTRUCTION EASEMENT SE 1/4, SEC, 18, 1, 23 N, R 5 E, WAM TAX LOT NURRER 000720-W99 TAX LOT NUMBER 0'00720-00(14 TEYWORARY G"DN'STRUCTION' EA-SEvrwr 5 00, AREA ^ 172 S,F1 34,29 4� 5,89 ROW ACOUFAVON PERMANENT ESUT i g or, WAY "-.31,1,"'-'—' -- ,, ��l 8a"'38""g" w '9 S 3RD ST PaW 3 of 3 WE. um NE 23, 2,020 FILE: 50,61WIG, EXHIBIT PARCEL 000720-0004 TEMPORARY CONSTRUCTION EASEMENT Page 10 of ( 10 ) Pages Parcel No. 182305-907 1; 000720-0199; 000720-0004 PT.Z,ASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER'S USE ONLY.