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Home My WebLink AboutA 20120926000057 • • WHENCurran RECORD Properties, EDL.P.,RETURN TO limilliii1111111 Attn:David R.Woertendyke 20120926000057 CCD Enterprises RENTON CITY CL EAS 78.00 11630 Slater Ave NE,Suite 5 PAGE-001 OF 008 09/26/2012 08:00 Kirkland,WA 98034 KING COUNTY, WA EASEMENT DETERMINABLE AGREEMENT Grantor: City of Renton,a Washington municipality Grantee: Curran Properties, L.P., a Washington limited partnership Legal Description Abbreviated: Lot 2,BLA No. LUA-02-098-LLA,King County,Washington Recording No. 20021126900015 Full: See Exhibit C(Easement Area) Property Tax No. 182305-9123 THIS EASEMENT DETERMINABLE AGREEMENT("Agreement")is made and entered into effective as this day of$E/1awi2012,by and between the CITY OF RENTON, a Washington municipality,GRANTOR,and CURRAN PROPERTIES,L.P.,a Washington limited partnership,GRANTEE. RECITALS A. Grantee is the owner in fee of that certain real property identified as King County Tax Parcel No. 182305-9123 (the"Grantee's Property"). B. Grantee's Property is developed for a drive-through use. EXCISE TAX NOT REQUIRED Page 1 of 6 King o. Records - k14. . ty • C. Grantor seeks to acquire a portion of Grantee's Property in fee for use as right of way and a portion of Grantee's Property for a permanent easement for slopes and utilities adjacent to the new right-of-way(collectively the"Condemned Property")under the exercise of Grantor's power of eminent domain for the purpose of the Rainier Avenue South(SR 167) South Grady Way to South 2nd Street Project(the"Project")in that certain condemnation case entitled City of Renton v S. Properties, LLC,et al, pending under King County Cause No. 11-2- 17342-9 KNT(the"Condemnation Case"). D. Grantor's acquisition of the Condemned Property will damage the remainder of Grantee's Property as it will render a portion of the existing use and a portion of the related driveway unusable. E. In order to mitigate the damage to the remainder of Grantee's Property(the "Remainder"),Grantee has designed a cure that reconfigures the existing building(the "Building")on the Remainder and reconfigured the related driveway and other exterior improvements(the"Driveway and Improvements"). F. As reconfigured,a portion of the Driveway and Improvements will encroach into the new right-of-way created by the Project in substantially the form shown on Exhibit A. G. Grantee seeks an easement over and across that portion of the new right-of-way to accommodate the encroachment by the Driveway and Improvements. H. Grantor is willing to grant Grantee a non-exclusive easement determinable over a portion of the right-of-way for this purpose. AGREEMENT NOW,THEREFORE,in consideration of the foregoing,and in consideration of the mutual covenants contained herein,the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: 1. Grantor hereby grants and conveys to Grantee,its heirs,successors and assigns,a nonexclusive right to construct and maintain a portion of the Driveway and Improvements as encroachments onto that portion of the public'right of way,legally described and depicted on Exhibit A,(the"Easement Area"),that is in front of Grantee's Property. Exhibit A is incorporated here by this reference. 2. Construction of the encroaching portion of the Driveway and Improvements in the Easement Area shall be done in a good and workmanlike manner and in compliance with applicable building codes,zoning requirements and all other laws,ordinances,rules and regulations. Page 2 of 6 1111r- 3. Upon completion of construction of the encroaching portion of the Driveway and Improvements within the Easement Area and thereafter until the termination of this Agreement,Grantee shall at its expense maintain and keep the encroaching portion of the Driveway and Improvements within the Easement Area in good condition and repair. 4. The easement created by this Agreement is terminable automatically upon the happening of any one of the following events: a. If use of the encroaching Driveway and Improvements within the Easement Area, in connection with a use on the Remainder, is discontinued for more than three(3) years,unless said discontinuance is the result of circumstances beyond the control of Grantee, provided that discontinuance of use of the encroaching Driveway and Improvements within the Easement Area between tenancies shall be considered to be the result of circumstances beyond the control of Grantee; b. If the Remainder is redeveloped to a use that does not need the encroaching Driveway and Improvements within the Easement Area then upon issuance of a certificate of occupancy for that new use. 5. Successors and Assigns. The terms and conditions of this Agreement,including the easement established by SECTION 1 above,shall be binding upon and inure to the benefit of Grantor and Grantee and their successors and assigns,and the burdens and benefits of this Agreement and of the easement established herein shall run with title to both Grantee's Property and that portion of the public right-of-way described herein as the Easement Area. 6. No Amendment. Neither this Agreement nor any term or provision hereof may be changed,waived,discharged,amended or modified except by an instrument in writing signed by the parties hereto,their successors or assigns. 7. Indemnity. Grantee agrees to indemnify,defend and hold Grantor,and its agents and employees,harmless from and against any and all claims,costs, liabilities and damages that arise from or relate to or are caused by Grantee's exercise of the rights granted herein to the extent such claims,costs,liabilities,and/or damages are caused by any act or omission of Grantee or its employees. To the extent permitted by RCW 4.25.115 Grantee's obligations under this indemnity shall not apply to the extent that any such claims,costs,liabilities and/or damages arise from the sole negligence of Grantor,or Grantor's employees,agents and/or contractors. The provisions of this SECTION shall be the exclusive remedy for any and all claims,costs,liabilities and damages relating to property damage or injuries to persons arising from or relating to Grantee's rights,duties and obligations under this Agreement. This SECTION is specifically intended to constitute a waiver of Grantee's immunity under Title 51 RCW,to the extent necessary to provide Grantor with a complete indemnity for negligence of Grantee's employees,to the extent of their negligence,and has been specifically negotiated by the parties. Page 3 of 6 8. Miscellaneous. In the event either party commences an action to enforce or interpret this Agreement,the prevailing party in such action shall be entitled to recover its attorneys' fees and costs incurred therein. This Agreement shall be governed by the laws of the State of Washington. A party hereto may,at any time or times,at its election,waive any of the conditions to its obligations herein,but any such waiver shall be effective only if contained in a writing signed by such party. No waiver shall reduce the rights and remedies of such party by reason of any breach of any other party. No waiver by any party of any breach herein shall be deemed a waiver of any other or subsequent breach. Additionally,no delay or omission on the part of a party hereto in exercising any rights,power or remedy provided in this Agreement shall be construed as a waiver of or acquiescence in any breach of the terms and conditions set forth herein. IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first above written. GRANTEE: CURRAN PROPERTIES L.P, A Washington Limited Partnership By: Geo eriegyi6z.5 awe., Print Name: / W/e9 hiocererv09,4-e Its: / CG Accepted and Approved: GRANTOR: CITY OF RENTON A Washington municipal corporation By: Print Name: t C'MtS LKL-J its: t.A4 4— Approved as to Form By: Print Name: /fi1C4 BffieGCn--- /f sshs r r7C,ry,T74G,t167 Page 4 of 6 • STATE OF WASHINGTON ) )ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that tawio wocerca.cr+i...• is the person who appeared before me,and said person acknowledged that he/she signed this instrument,on oath stated that he/she was uthorized to execute the instrument and acknowledged it as the rr74..5,„ .,ti,»I„r „of the Curran Properties,L.P.,Limited Partnership,to be the free and vo (o untary ct of such Limited Partnership for the uses and purposes mentioned in the instrument and on oath stated he/she is the duly acting and qualified li44;v..e, of said Limited Partnership. ` 0%1111190JE D: l t�tu�s+ 29 ,2012 • 4.1'moo;�'ZT. (Signature) S Mk(_ Notary : _ ti, tan n e_ 'til.oTt a = I (Please print name legibly) Public _ cP . • , ��,Ofe'••.• �e�•.••'��0 NOTARY PUBLIC in and for the State of ,,j�oi/Wash►0% `` WaMyshington,commission lding at expires:att- U 2o,t� A • STATE OF WASHINGTON ) )ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that DQKtS 4LJ is the person who appeared before me,and said person acknowledged tha®she signed this instrument,and on oath stated thaci 'she was authorized to execute the instrument and acknowledged it as the r✓12�m i of the CITY OF RENTON to be free and voluntary act of such party for the uses anpurposes mentioned in the instrument. • DATED: ,be, !p ,2012 vo„,ommii.v.,11 225 ? (Si ature) s (Please print name legibly) V4� e0et�a p NOTARY PUBLIC in and for the State of �'�+qpF WA%%%% A•0 Washington,residing at {��t{o✓1 My commission expires: C.-Zit-Zo/3 Page 5 of 6 EXHIBIT A to the EASEMENT DETERMINABLE AGREEMENT EASEMENT AREA LEGAL DESCRIPTON Page 6 of 6 • • LEGAL DESCRIPTION PERMANENT EASEMENT DETERMINABLE EASEMENT AREA That portion of Lot 2 of City of Renton Lot Line Adjustment No. LUA-02-098-LLA, recorded under Recording No.20021126900015,records of King County,Washington,more particularly described as follows: COMMENCING at the Southeast corner of said Lot 2; THENCE North 89°43'17"West,52.00 feet along the South line of said Lot 2 to the Westerly line of that portion described for right of way in King County Superior Court Cause No.11-2-17342-9-KNT; THENCE North 00°16'10"East,8.45 feet along said Westerly line; THENCE North 65°28'38" East, 5.27 feet along said Westerly line to the TRUE POINT OF BEGINNING; THENCE South 89°40'54"East.6.50 feet to a point of tangency; THENCE Easterly along the arc of a curve to the left, having a radius of 46.50 feet, through a central angle of 23°24'5T',and an arc length of 19.00 feet; THENCE North 00°04'43"East,7.72 feet to said Westerly line; THENCE South 65°28'38" West, 27.48 feet along said Westerly line to the TRUE POINT OF BEGINNING. AND That portion of Lot 2 of City of Renton Lot Line Adjustment No. LUA-02-098-LLA, recorded under Recording No.20021126900015,records of King County,Washington, more particularly described as follows: COMMENCING at the Southeast corner of said Lot 2; THENCE North 89°43'17"West,52.00 feet along the South line of said Lot 2 to the Westerly line of that portion described for right of way in King County Superior Court Cause No. 11-2.17342-9-KNT; THENCE North 00°16'10"East,8.45 feet along said Westerly line; THENCE North 65°28'38"East,53.91 feet along said Westerly line; THENCE North 41°2874" East, 37.95 feet along said Westerly line to the TRUE POINT OF BEGINNING; THENCE CONTINUING North 41°28'24"East, 35.04 feet along said Westerly line to a point on a non-tangent curve,the radius of which bears North 88°18'24"West; THENCE Southerly along the arc of a curve concave to the West, having a radius of 20.50 feel through a central angle of 39°51'36",and an arc length of 14.26 feet THENCE South 41°33'11"West,8.82 feet to a point of tangency; THENCE Southwesterly along the arc of a curve to the right,having a radius of 20.50 feet,through a central angle of 39°38'48",and an arc length of 14.19 feet to , the TRUE POINT OF BEGINNING. D.G1Lt o ,, i; Project Name: Arby's Renton � May 07,2012 % ' . •. Page 1 of 1 f� BDG �, 152931001(2).doc • ♦. Exhibit 15293EXH01-ESMT.dwg I.A340 I 1 O o T=601 I m • / N aa / . N r a LOT 2 CITY OF RENTON L.L.A. NO. LUA-02-098-LLA /t REC. NO. 20021126900015 / (i . 8 4)7 Oo- iq 5 � ti, Q` 2 PERMANENT EASEMENT ��' 0 DETERMINABLE tn /b***ifl" PERMANENT M EASEMENT ch cv DETERMINABLE . `z / in it, i 7 08 S. 7TH ST. a - m Lr. For: JOB NUMBER HORIZONTAL 1"-60. VERTICAL N/A ARBY'S 15293 Q' °8 KENT W 980ND 32E SOWN RENTON 15 LOOLDOC 4? _:_.!,f,',, = 425 251-6222 da ,±`11(� • (4253251-8782 FAX Title: SHEET ;� g CML ENGINEERING. LAND PERMANENT EASEMENT Via mst PailigNME AL ScEs DETERMINABLE EXHIBIT 1 0_1 DESIGNED XXX (DRAWN - (,CHECKED_BOG (APPROVED BDG I DIVE -7-12