HomeMy WebLinkAboutROE 8510110738 . Phase II of the
P-I Channel
RIGHT OF ENTRY k35/10,/1 1 : Oil- 8 E
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THIS INSTRUMENT is made this 10th day of Octol}ert,^ ;9.85 by and *_*._**q.nr
between FIRST CITY EQUITIES, a Washington general partnership composed of
DAVID SCHUMAN and FIRST CITY DEVELOPMENTS CORP., (hereinafter called
"Grantor"), and the CITY OF RENTON, a Municipal corporation of King County,
Washington, (hereinafter called "Grantee").
Grantor, for and in consideration of the sum of Ten Dollars ($10)
paid by Grantee, and other valuable consideration, does by these presents grant,
bargain, sell, convey and warrant unto the said Grantee, its successors and assigns,
a right of entry to place earth fill over, through, across and upon the following
described property in King County, Washington, more particularly described in
Exhibit I hereto (the "Site"). The portions of the Site subject to earth fill place-
ment are also described in Exhibit 1.
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NGrantee, its successors or assigns, shall have the right, without prior
notice- or proceeding at law, at such times as may be necessary, to enter upon
the above-described property for the purpose of depositing earth fill, without
incurring any legal obligations or liability therefor, provided that such depositing
of said earth fill shall be accomplished in such a manner that the private improve-
ments existing on the property and in the right(s)-of-way shall not be disturbed
CO or damaged, that they will be replaced in as good a condition as they were
immediately before the property was entered upon by the Grantee and that the
Grantee shall comply with the other terms and conditions hereof.
Grantor shall otherwise have full use and enjoyment of the Site.
As an inducement to Grantor to grant this Right of Entry, Grantee
covenants as follows:
(1) Before entering on or commencing to add fill to the Site, Grantee
will obtain all necessary permits, licenses, approvals and other governmental
permissions and consents of every kind and nature required for such entry and fill;
(2) In entering on and adding fill to the Site, Grantee will comply
with all applicable laws, rules, regulations and orders, as well as the terms of
all permits, licenses, approvals, permissions and consents;
(3) In adding fill to the Site, Grantee will not deposit materials on
the Site which are hazardous to life or property or which violate applicable laws,
rules, regulations or orders; hereinafter referred to as "unsuitable materials."
(4) If Grantor is advised by any governmental authority that unsuit-
able materials have been placed on the Site during the course of Grantee's adding
of fill thereto, Grantee will promptly remove such unsuitable materials at its sole
cost and expense and restore the Site to a level, graded condition;
(5) Grantee will indemnify, defend and hold Grantor harmless from
and against any and all claims, causes of action, demands, losses, liabilities, costs,
damages and expenses (including attorneys' fees, but without waiver of the duty
to hold harmless) arising from or out of the entry of Grantee, its employees, con-
tractors or agents onto the Site or the placing of fill thereon, and will pay all
Grantor's costs and expenses, including attorneys' fees, incurred in enforcing this
duty to indemnify, defend and hold harmless.
FILED FOR RECORD AT REQUEST OF:
mad 6fTH'_diL �
RENTO, ."
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(6) Before entering on the Site, Grantee will cause Grantor to be
named as an additional insured on Grantee's general liability insurance policy and
furnished with evidence thereof, and Grantee will maintain such coverage and
endorsement to be maintained in effect during the term of this Agreement; and
(7) Grantee will comply with terms of the conditions set forth on
pages one and two of the letter dated October 11, 1984, from Earth Consultants
to First City Equities, as amended by FCE and as identified as Exhibit 1 attached.
(8) Grantee acknowledges that it will be fully responsible for acts
or ommissions of any agent, representative, Contractor, Subcontractor or consultant
who enters the site for purposes described in or in any way relating to this Grant
of Entry. GRANTEE FURTHER AGREES TO SECURE, prior to entry, the written
agreement of any of the aforementioned to comply with all provisions of this
Grant of Entry prior to entry upon the site.
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rte— Grantor covenants that it is the lawful owner of the Site and has a
C good and lawful right to execute this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as
of the day and year first above written above.
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FIRST CITY EQUITIES ("Grantor")
By Air/07
II avid Schuman, a partner
By: FIRST CITY DEVELOPMENTS CORP.,
a partner
By v\--G. NEIL HOKONSON
Its VICE PRESIDENT
FIRST CITY Dcv,=i oPMENTS CORE
CITY OF RENTON ("Grantee")
By bQ tb 4) , S1r,,po vA
Its Mayor
ATTEST:
Qc eJ e
City Clerk
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1
STATE OF WASHINGTON)
) ss:
COUNTY OF KING )
THIS IS TO CERTIFY that on this 6th day of November , 1984,
before me, the undersigned, a Notary Public in and for the State of Washington,
personally appeared DAVID M. SCHUMAN, to me known to be the person who executed
the within and foregoing instrument, as a general partner of FIRST CITY EQUITIES,
a Washington general partnership, and acknowledged the said instrument to be
his free and voluntary act and deed and that of the partnership for the uses and
purposes therein mentioned.
CO WITNESS my hand and official seal the day and year in this certifi-
M cate first above written.
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NOTARY PUBLIin and for the State of
LI) Washington, residing at King County
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PROVINCE OF BRITISH COLUMBIA)
) ss:
COUNTY OF VANCOUVER )
THIS IS TO CERTIFY that on this g day of /�iodf�Ac'/P , 1984 ,
before me, the undersigned, personally appeared A(sc%/_ //or14/�cn�
to me known to be v/0/ />,Esn, c'U of FIRST CITY DEVELOPMENTS CORP . ,
a co-general partner of First City Equities, the partnership that executed the
foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of the said general partnership, for the uses and pur-
poses therein mentioned, and on oath stated that he is authorized to execute
the said instrument.
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VD WITNESS my hand and official seal hereto affixed the day and year
in this certificate first above written.
CD
A NOTARY PUBLIC in a d or the Province
00 of British Columb a JEw1 a• HANSQN -
STATE OF WASHINGTON)
) ss:
COUNTY OF KING )
THIS IS TO CERTIFY that on this /o2 . day of
before me, the undersigned, a Notar , Public in an4.1for .the S-.te of Washingtoni7 '
personally appeared _,fes_ • / � ,�ti Q' ,
to me known to be / B-fi /AV - of the CITY OF RENTON,
a municipal corporation, the corporation that executed the foregoing instrument,
and acknowledged said instrument to be the free and voluntary act and deed of
said corporation, for the uses and purposes therein mentioned.
WITNESS my hand and official seal the day and year in this certifi-
cate first above written.
Or/
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NOTARY PUBLVU Vand for e State of
Washington, residing ati
S
• Spoils s Site
Phase II SCS P-1
Channel
EXHIBIT 1
The Westerly 200 feet of Tract B of the plat of Washington Technical Center
as recorded in Volume 122 of plats, pages 98 to 102, records of King County,
Washington, lying easterly and adjacent to an 80 foot-wide road easement as
shown on the face of said plat;
EXCEPT that portion thereof lying westerly of a line described as follows:
OD Beginning at the southeast corner of Tract A of said plat, thence along the
VI boundary of said plat S 73°04'46" E a distance of 495. 12 feet to the beginning
O of the above mentioned line thence North a distance of 291 feet to the
terminus of said line.
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