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Home My WebLink AboutE 9210140321 . WHEN RECORDED RETURN TO: �� "v�E�ORDED RE'I?"','�]TO:Office Qf the City Clerk , , '� ' -e of tr�,�.�uerk Renton Municipal Building ' SA-0 38-92 ..son Municipal Bui� , 200 MIll Avenue South : , Renian,VJA 98055 ""� ' FIRE LANE AND OPEN SPACE EASEMENT ,,., fi.� THIS AGREEMENT AND OPEN SPACE EASEMENT (this � "Easement") is made this ��J� day of September, 1992, by and Q between RENTON SHOPPING CENTER ASSOCIATES, a Joint Venture R ("Grantor") , and the CITY OF RENTON ("Grantee") , a Washington � municipal corporation. "�; � �a RECITALS �: � A. Grantor is the owner of certain real property � located in the city of Renton, King County, Washington, as � legally described on Exhibit A ("Grantor's Property") . z -� � B. Grantee is a municipal corporation located in King M County, Washington. � � C. The parties hereto are entering into this Easement " to set forth their agreement regarding the grant of an open space "� easement by Grantor to Grantee covering a portion of Grantor's Property. Now, therefore, in consideration of the premises and s,�� the mutual covenants and agreements of the parties set forth C'J below, the parties hereto agree as follows: M :� �7' 1. Grant of Easement. Grantor hereby grants to 0 Grantee for the public benefit an easement on, over and across a -- portion Grantor's Property legally described on Exhibit B and � depicted on Exhibit C (the "Easement Area") . 2 . Use. This Easement is granted for the only purpose of providing emergency vehicle access to the Building owned by Grantor and located on Grantor's Property. This Easement is a public easement, provided that such public use shall be limited to the Easement Area and shall not include ingress and egress to the Easement Area over any other part of the Grantor's Property. Grantee shall not construct or erect, or permit to be constructed or erected, any fence, building or any other structure of any kind within the Easement Area. 3 . Non-Exclusive. This Easement is non-exclusive, and Grantor reserves the right to use the Easement Area for ingress, egress, parking and utilities, and for all other purposes which do not prevent the uses permitted by paragraph 2 above, provided, however, that Grantor agrees not to construct or erect, or permit to be constructed or erected, any structure on the western most ten (10) feet of the Easement Area. 4 . Maintenance, Repair and Expenses. At its own cost and expense, Grantor shall (i) maintain a twenty (20) foot wide lane within the Easement Area in a safe condition suitable for emergency vehicle use, and (ii) shall make all necessary repairs ', or improvements to the Easement Area. c:\bes\northwest\fire.emt —�.— �'I . • , ' ' � 5. Easement Term. This Easement shall be in force and effect for so long as a building exists within the twenty (20) feet east of the eastern most edge of the Easement Area (the "Easement Term") , and shall not be a covenant running with the land. In the event title to Grantor's Property is transferred, assigned, or conveyed by Grantor or its agents during the Easement Term, this Easement shall be binding upon and inure to the benefit of the Grantor's heirs, successors and assigns, such that each use of the word "Grantor" shall also refer to Grantor's heirs, successors and assigns who succeed to Grantor's interest in Grantor's Property. 6. Waste and Unlawful or Offensive Use. Grantee shall not commit or suffer to be committed any waste in or upon the Easement Area, or maintain any public or private nuisance or any other action which may interfere with or disturb the quiet enjoyment of the Grantor's Property. Grantee shall not permit the Easement Area to be used for any improper, offensive, or unlawful purpose. 7. Entire Agreement; Amendments. This Easement CU constitutes the complete agreement between Grantor and Grantee. � There are no terms, obligations, covenants or conditions other � than those contained herein. No modification or amendment of this Easement shall be valid and effective unless evidenced by an 0 agreement in writing signed by the party to be bound. N tT 8. Severabilitv. If any terms, provisions, covenants or conditions of this Easement should be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of this Easement shall continue in full force and effect and shall in no way be affected, impaired or invalidated thereby. 9. Exhibits. All the Exhibits attached hereto are incorporated herein by reference as if fully set forth herein. IN WITNESS WHEREOF, Grantor and Grantee have executed this Easement the date and year first above written. GRANTOR: GRANTEE: RENTON SHOPPING CENTER THE TY OF RENTON ASSOCIATES, a Joint Venture y V By: Northwest Building Corporation, By: a gener partner or � ��\ At t: � � ... C ;'�� By: _� rj �. ��- �^ ��` By. J mes J. D d, r. , City C r resident c:\bes\northwest\iira.emt �2� � � STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) 4�- On this » day of September, 1992, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared James J. Doud, Jr. to me known to be the President of Northwest Building Corporation, a general partner of RENTON SHOPPING CENTER ASSUCIATES, a Joint Venture, named in and which executed the within and foregoing instrument; and James J. Doud, Jr. acknowledged to me that he signed the same as the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was authorized so to do and that the corporate seal affixed thereto, if any, is the seal of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year first above written. � � � � � ,,,_, ��•••.•• Nota i ublic i a d i for the � �' l�'p State of Washington. � ��:;Sg10N� � My Appointment Expires: �� I �'l�� :�'�pTAQy'�^ ,... , .__ # C�.1 x ' �„� � J,PUBLIG . � � `n�''••c�'A �t '9>''+:�.. o F�f w�s�`'� N �T e:\bes\northwest\fire.emt —3— � �. �' �.;' . • . . EXHIBIT A LEOAL DESCRIPTIOPt RENTON SHOPPIN(1 CENTER flARCEL A: ::at portion of Henry H. Tobin Donation Land Claim No. 37, and of Government Lot 13 �n Section 18, Townahip 23 North, Range 5 Eaet, W.M. , and Tracta 1, 2, and 4 of , Supplemental Map of Renton Shore Landa described as followe: i 5eginning at the intereection of the Weaterly production of the center line of Third ;,venue, �.. the C�ty cf Rentan, with cznter '_i.^.� of ?ri:nary State Highway No. 5, ::;�ic:� point is also deecribed by the coo�dinates x equala 1, 658, 127.77 and y equals :;8, 126.7;: according to the Lambert Plane Projection for the State of Waehington, :;orth Zone, the meridian of which projection is used herein; �zence South 88°40'S0" East, along the c�nter line of eaid Third Avenue 234.05 feet �o an interaection with the center line of County Road No. 80 (P.LSO KNOWN AS Third Avenue �xtension} deeded to King County under Recording No. 813638; thence South 77°25 ' 10" West along the center line of said County Road No. 80, 413.28 feet; thence south 12°34'S0" East, at right angles to eaid center line of County Road No. 80, 30.00 feet to a point on the Southerly margin of aaid County Road No. 80 and the true point of beginning; continuing thence South 12°34'S0" East 199.49 feet to an intersection with a line which ia parallel to and 191.22 feet Weaterly of, meaeured at right angles, the � i+esterly margin of said Primary State Highway No. 5; CV thence South 19°57'20" East, along said parallel line, 243.67 feet; � thence South 59°31'38" West, at right anglee to the City of Seattle power �.� tranemieeion line easement recorded under Recording No. 3664559 and 3429774, 805.04 — feet to the Eaeterly line of Tract 4 of State Waehington Commieaioner of Public � ;.anda Supplemental Map of Renton Shore Lande; N thence continuing South 59°31'38" Weat 10 feet, more or leee, to the Weeterly line � of Tract 4 of Supplemental Map of Renton 5hore Lands; t::ence Northerly alono said Westerlv line to the most Northerly corner of said Tract . ar.d whic:� corner also lies on the Ea9terly margin cf a street o0 feet in width as platted in said Supplement Map of Renton Shore Landa; thence Northerly along eaid Eaeterly margin of said street, being an arc of a curve, the center of which beara North 67°53'38" East, 329.84 feet, an arc distance of i0. 52 feet to the moet Southerly cerner of Tract 2 of said Supplemental Map of :tenton Shore Landa; thence tdortherly along the Westerly line of+. .Tract 2 of said Renton Shore Lande 272.47 feec, more or less, to the moat Southerly•point of a etrip oP land deeded to �:�e City of Renton by deed recorded under Recording No. 5208793; :.::ence Northeasterly along the Southeasterly line of said atrip following a curve to the right, the radial center of which bears South 52°31'32" East ?29.84 feet, an arc distance of 206. 14 feet to a point of reverse curve; thence Northerly �:long an arc of a curve, the center of which beare North 16°43'07" weet, 100.00 feet, an arc distance of 145.30 feet to a point of tangency; :::ence North 9°58'22" Weat, to the Southerly line of Primary State Highway No. 2; :.hence Northeaeterly and Easterly along said Southerly line to a point which beara North 77°25' 10" Eaet from the true point of beginning; thence South 77°25'10" West to the true point of beginning; EXCEPT that portion lying within etrip of land conveyed to City of Renton for Third Avenue by deed recorded under Recording No. 5208793; Situate in the City of Renton, County of King, State of Waehington. PARCEL Bs That portion of Henry H. Tobin Donation Land Claim No. 37, and of Government Lot 13 and 16 in Section 18, Township 23 North, Range 5 East, W.M. , described ae follows: seginning at the intersection of the Weaterly production of the center line of Third �venue, in the City of Renton, with center line of Primary State Highway No. 5, which point ie also deecribed by the coordinatea x equals 1, 658, 127.77 and y equals _:'0, =�5. 7� according to the Lamnert ?iane Projection tor the State or Waehington, `7orth Zone, the meridian of which projection is uaed herein; �hence South 88°40'50'� East, along the center line of said Third Avenue 234.05 feet to an intersection with the center line of County Road No. 80 (ALSO KNOWN AS Third �venue Exteneion) deeded to King County under Recording No. 813638; thence South � •11. V • , � � 77'25 '10" weat alonq the center '_ine of eaid Gounty Road f7o. 80, 413.28 feet; t:�ence South 12°34'SO" Eaet, at right anglee to eaid center line of County Road No. �0, �29.49 feet to an i:tersection w�th a l�ne which is Farallel :.� and 191.22 feet westerly of, neaeured at right anglee, t::e �Aeaterlf margin of �aid Pr?mary State iiighway No. 5; thence South 19°57'20" �aet, along said parallel line 526.25 feet to the true point cf beginning; continuing thence South 19°57'20" �aet, 399.55 feet; thence North 70°02 '40" Eaet at right angles to eaid Primary State Highway No. 5, a diatance of 191.22 feet to the Weaterly margin of eaid Primary State Highway No. 5; thence South 19°57'20" Eaet along eaid Weeterly margin, 163. 12 feet to the Northerly line of a tract of land deeded to Chicago, Milwaukee ar.d St. Paul Railway Company by deed recorded under Recording No. 2354680; thence North 83°24'S9" West, along eaid Northerly line 921.24 feet; thence North 59°31'38" Eaet, at right angles to the City of Seattle oower tranamisaion line easement recorded under Recording Ptos. 3664559 and 3429774, 162.58 feet; thence North 30°28'22" West, parallel to said power line easement, 32.00 feet; thence North 59°31'38" Eaet, 487. 14 feet to the true point of beginning; EXCEPT portion thereof conveyed to the State of Waehington for widening of eaid Primary State Highway No. 5 by deed recorded under Recording No. 5109066; Situate in the City of Renton, County of King, State of Washington. PARCEL C: That portion of Henry H. Tobin Donation Land Claim No. 37 and of Government Lote 13 and 16 in Section 18, Townehip 23 North, Range 5 East, W.M. , deacribed aa followe: -.- Beginninq at the interaection of the Westerly production of the center line of Third OC1� Avenue, in trie City of Renton, with center line of Primary State Highway No. 5, which point ia aleo deacribed by the coordinates x equals 1, 658, 127.77 and y equala .d- 178, 126.72 according to the Lambert Plane Projection for the State of Waehington, North Zone, the meridian of which projection ie used herein; � thence Scuth 88°40�5p�� ast, along the center line o: sai i;i;- 'd d Aver.uc .2;4.05 :aet N '�o a� �:tersecticn wi�h t�e center �_ne cf Cour.ty Road i�o. c0 („LSO I;:IOWN� AS Third � Avenue Extenaion) deeded to King County under Recording No. 813638; thence eouth 77°25'10" West alonq the center line of eaid County Road No. 80, 413.28 feet; thence South 12°34'S0" East, at right angles to eaid center line of County Road No. 80, 229.49 feet to an interaection with a line which ie parallel to and 191.22 feet Weeterly of, measured at r�ght angels, the We.aterly margin of said Primarl State Highway No. 5; thence South 19°57'20" East, along eaid parallel line 243.07 :eet to the true point of beginning; continuing thence South 19°57'20" �'ast, 282.59 feet; thence South 59°31'33" Weet at riqht anglea to the City of Seattle power tranamiaeion line eaeement, recorded under Recording Nos. 3664559 and 3429774, 487.14 feet; thence South 30°28'22" Eaat, parallel to said power line easement, 32.00 feet; thence South 59°31'38" West, 162.58 feet to the Northerly line of a tract of land deeded to Chicago, Milwaukee and St. Paul Railway Company by deed recorded under Auditor's File No. 3254680; thence North 83°24'S9" Weet along said P7ortherly line, 139.95 feet to an angle point in the Eaeterly line of Tract 4 of State of Waehington Commiesioner of Public Lande Supplemental Map of Renton Shore Landa; thence North 30°02'37" W�st along the Eaeterly line of said Tract 4, 163.33 feet to an angle point in eaid Easterly line; thence North 24°18'S8" West, along the Eaeterly :ine of eaid Tract 4, 62.53 feet; thence North 59°31'38�� Eaet 805.04 feet to the true point of beginning; :QGETHER 4r'ZTH that portion of Tract 4 of Supplemental Map of Renton Shore Landa adjoining and lyinq between the Weaterly production cf the Southerly and P7orthwesterly linee of said premiaea; Situate in the City of Renton, County of King, State of Washir.aton. PARCEL Ds ALL those portione of Government Lots 13 and 16 in Section 18, Townehip 23 North, Range 5 Eaat, W.M. ; �,: � . . .,,.. . , , • , :%�,- � �ND of Tract 4 of Supplemental Map of Renton Shore Lande, lying Northerlv of the :;ortherly boundary line of the right-of-way of the Pacific Coaet Railroad Company, __�ing Weeterly of the Weet line of Shattuck Street of Smithere Fifth Addition to the :cwn of Renton, according to the plat recorded in Volume 16 of Plats, on page 33, in :cing County, Washington, and Southerly of a line, described as follows: 3eginning at a point in the Weet line of Shattuck Street in said Smithera Fifth �,ddition to trie Town of Renton, diotant �5 feet Nort:�erly measured at right anglee, =:om the Northerly boundary line of t:�e right-of-way of the Pacif:c Coast Railroad company and runninq; thence Weaterly parallel to eaid boundary line, a diatance of 425.00 feet; thence Weeterly along a etraight line, a diatance of 710 feet, more or leas, to a point in the West line of said Government Lot 16, dietant 265 :eet tlortherly, measured along said Weet line from the Northerly boundary of said riyht-of-way; thence continuing Westerly along last mentioned courae, a dietance of 415 feet, more cr leas, to the Westerly line of said :ract 4; �XCEPT that portion thereof lying East of the Westerly line cf state Highway No. 5; Situate in the City of Renton, County of King, State of Washington. PARCEL E: That portion of Tobin Donation Land Claim and of Government Lot 16 in Section 18, :ownship 23 North, Range 5 Eaet, W.M. , deecribed as followa: Beqinning at a point which is the intersection of the center lines of Third Avenue, in the City of Renton, produced Weeterly, and State Highway No. 5 running thence South 19°56'20" Eaet 488.18 feet; Cv thence South 77°25'10" Weet 30.25 feet to the Westerly margin o: State Highway No. 5 �,,� and the true point of beginning; ,� thence at right anglea to eaid Highway South 70°03'40" Weat 1°'_ . 31 feet; d' thence at right anglee and parallel to eaid State Highway South 19°56'20" Eaet 320 � °eet; i � �hence at =ight angles Nort.h 70°03'40" Eaet 191.31 feet to the Weaterly marain of ('U .:tate Y.ig:::�ay :;o. 5; ' � thence North 19°56'20" West along eaid Weeterly margin 320 feet to the true point of beginning; �:{CEPT that portion thereof condemned in King County Superior Court Cauae No. 547667 for Primary State Highway No. 5, Black River to Earlington; Situate in the City of Renton, County of King, State of Waehington. PARCEL F: :hat portion of Tobin Donation Claim in Section 18, Township 23 North, Ranqe 5 Eaet, +J.M. , deecribed as follows: 3egir,ning at a point which is the intersection of the center line of Third Avenue in the City of Renton, produced Weaterly, and State Highway P7o. 5; thence South 19°56'20" Eaet 388.18 feet; thence South 77°25'10" West 30.25 feet to the Westerly margin of State Highway No. 5 and the true point of beginning; thence at right anglea to eaid Highway South 70°03'40" Weat 150 feet; thence parallel to said State Highway Soui:h 19°56'20" East 100 feet; thence North 70°03'40" Eaet 150 feet to the Weaterly margin of State Highway No. 5; t:�ence along the same, North 19°56'20" West 100 feet to the true point of beginning; EXC�PT all that portion of the above deacription lying Northeasterly of a line drawn oarallel with and 45 feet Southwesterly, when meaeured at right angles and/or �adially, from the center line of Primary State Highway No. 5, Black River to �arl�ngtcn. Situate in the City of Renton, County of King, State of Washington. �AP.CyZ., G: That portion of Government Lot 11 in Section 18, Townehip 23 North, Range 5 Eaet, W.M. , and of Henry H. Tobin Donation Land Claim No. 37 in the Southweet 1/4 of eaid Section 18, AND of Tracta 2 and 3 and the etreet platted therein of the Commisaioner , _, �... ,. , ; . �. : .,:, �;. �. .:i'��'.` L �d..�; '.,. S�.`"-�. ....3�'e 'R P�,k',C s 4. . �� .e.,_. .... . . .. +Q}. � I .•� • • , , , . �_'.. , . , • . ,' P•ublic Land Supplemental Map of Renton Shore Lande, said street r.cw vacated by ordinance Pdo. �849 of City of Renton, cescribed ae followe: �eginning at the most Eaeterly corner of said Tract 3 of Renton Shore Lande; thence Southwesterly along the Southerly margin of Primary State Highway No. 2, a cietance of 2.�8 feet to the true point of beginning; �.".ence Easterly and Southerly along an arc of a curve to the rig�t t:aving a radiue cf 33.63 feet, an arc dietance of 106.58 feet to a point of tangency; thence South 59°31'38" Weet 88.92 feet to a point of curvature; thence Weeterly along an arc of a curve to the left having a radiva of 359.84 feet, an arc distance of 150.04 feet to a point on the Northwesterly margin of the streete oia�ted in said map of Renton Shore Lands; thence Southwesterly along said Northweeterly margin to the North line produced Eaeterly of the eouth 550.92 feet meaeured diagonally along the Weeterly boundary whic:� ia the �asterly margin of Rainier Boulevard of that portion of Government Lote :1 and 14 in said Section 18 iying East of Rainier Boulevard and Primary State Highway f7o. 2, and North of a 1:ne running due East from the Southeast corner of Lot 2E3, nlock 10, plat of Earlington, according to the plat thereof recorded in Volume 14 of Plata, on page 7, in Kinq County, Waehington; thence Weat along said Eaaterly production and alonq said North line of said 550.92 feet to the Easterly margin of eaid Rainier Boulevard; thence Northerly along eaid Eaeterly margin to the Southerly margin of Primary State Highway No. 2; thence Easterly along said Southerly margin to the true point of beginning; Situate in the City of Renton, County of King, State of Waehington. , f� C� � `�' O N lT :;oted below are the !�ing County property tax account numbers: 182305-9218-07 182305-9217-08 132305-9216-09 This covers otfice �address building 722940-0036-00 000720-0146-041�' 000720-0197-02 000720-0198-01i/' 132305-9034-09 000720-0209-OS 182305-9238-03 182305-9157-00 182305-9220-03 182305-9219-06 722940-0040-04 722940-0030-06 722940-0020-08 722940-0010-00 000720-0170-03 '/ 000720-0150-07 132305-9030-04 .�Jt2: .�I1SI1C5 WilO �3V t!-ieir C:JI't �ropert}' Ca:i direct�j� are I'iOt �:�cluded. _""er . . r .J� • . . EASEMENT AREA Description of a Fire Lane Easement on certain properties of Renton Center Associates. Being those portions of Parcels B and C of the land of the Renton Center Associates reserved for fire lane purposes to the benefit of Parcel E of the said land, more particularly described as follows: The northerly 18. 55 feet of the easterly 45. 00 feet of the said Tract B, and The southerly 71. 54 feet of the easterly 45. 00 feet of the said Tract C, all situated in the southeast quarter of Section 18, Township 23 North, Range 5 East, Willamette Meridian, King County, Washington. � C"� � � O N � EXHIBIT B � �x��tz��– – — � �70 . -- • Exi5tr�14. — �•] r�C4�i�c �a�NrER avE. sourN ��"N4V � l. � � , "_----�-- -- ' . ._ _ . � V ( � �1 C — I — � � =11`_ -lT #q� i � � ' I, Er,arL ti � � � — � � . - �- � �R�r A �. � � -- l � C� - J -�- J W -�. � ,! ': . TT -- � � -�,� � � , , 1T17T1 \� �\ � � � � _- -- � �_.��..��:� � --- j-� � �-- � �� ,� - - � - _ - - � � � — � � ' T. P� _` � \ �. / a^D ACING � ` / � ` � _ / ` .X / � ` \ _ �--` � ' � T A o �� ` � � � PPFQC�, � � � � ` � � . ` IN R�' — � ��z _' - _I511NG� y • �jCt5T1 � � - ` � / / / � �'i u 1 ,` \ ` � - \ / _ .e � � � CAfii S1Cf � \ / y p j= �� '__ __.--� � � / o a y ?o /L� � �4-PCCES51� ST �__ _� ____ � ^"�• � 2 � /'� � - � / � -p�S51 ��.S 6-PCCL-S`'�E'� STl�15 pp•-p__�---- _��`` d � �71�� /� A�'AS �"n��' ._�� _�—� + . I • _- .-- ..� an•-5' _— � i?�n� � nt ��, �Z�O�IOIZ�