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HomeMy WebLinkAboutROE 8312050540 • " � . • CAG 067-83 �4r � JRIGINAL RECC:' F f.of Ccl HEL *,+::+:*7.no 22 RIGHT OF ENTRY THIS INSTRUMENT is made this 18th day of August , 1983 by and between FIRST CITY EQUITIES, a Washington general partner- ship composed of BARRY GELBART, DAVID SCHUMAN and FIRST CITY DEVELOPMENTS CORP. , (hereinafter called "Grantor") , and the CITY licr OF RENTON, a Municipal corporation of King County, Washington, (hereinafter called "Grantee") . Grantor, for and in consideration of the sum of Ten ri Dollars ($10) paid by Grantee, and other valuable consideration, does by these presents grant, bargain, sell, convey and warrant OD 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 1 hereto (the "Site") . The portions of the Site subject to earth fill placement are also described in Exhibit 1 . • Grantee, 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 improvements existing on the property and in the right(s) -of-way shall not be disturbed 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 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 , regula- tions and orders, as well as the terms of all permits, licenses, approvals, permissions and consents; e ii? 7 (1 -1- �1L% (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; (4) If Grantor is advised by any governmental authority that hazardous wastes have been placed on the Site during the course of Grantee ' s adding of fill thereto, Grantee will promptly remove such hazardous wastes at its sole cost and expense and restore the Site to a level, graded condition; (5) Grantee will indemnify, defend and hold Grantor harm- v1 less from and against any and all claims, causes of action, demands, losses, liabilities, costs , damages and expenses (including attorneys ' OD fees, but without waiver of the duty to hold harmless) arising from or out of the entry of Grantee, its employees, contractors 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; (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 covenants (map) on file in the- City- Clerk' s Office in Renton. Grantor covenants that it is the lawful owner of the Site and , has a good and lawful right to execute this Agreement. IN WITNESS WIEREOF, the parties have executed this Agreement as of the day and year first above written. FIRST CITY ITIES (' an tor") By Barry 1 a partner By av'd Schuman, a partner By: FIRST CITY DEVELOPMENTS CORP. , a partner By � . G. NEL HOKONSON Its VICE PRESIDENT CONTROLLER&SECRt IARY CITY OF RENTON ( "Grantee") ATTEST 11-24. By TXI..kbahtu •��u RPOGk City Clerk Its Mayor -2- PROVINCE OF BRITISH COLUMBIA ) ss : COUNTY OF VANCOUVER THIS IS TO CERTIFY that on this 25/L day of ,4U6U.Sf 1983, before me, the undersigned, personally appeared ,y�74, /101C0AV50N , to me known to be vice ,oeES/ A/i eoNreocz rU 1.0 of FIRST CITY DEVELOPMENTS CORP. , a co-general partner of First 10 City Equities , the partnership that •executed the foregoing instru- C ment, and acnowledged the said instrument to be the free and voluntary act and deed of the said general partnership, for the ri uses and purposes therein mentioned, and on oath stated that he COD 7 is authorized to execute the said instrument. WITNESS my hand and official seal h reto affixed the day and year in this certificate first above kritten. A NOTARY PUBh;IC in and for` the Province of British Columbia STATE OF WASHINGTON ) ss : COUNTY OF KING ) THIS IS TO CERTIFY that on this \Q,- day of Nnvemher r 1983, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared Maxine E. Motor and Barbara Y. Shinpoch , to me known to be City Clerk & Mayor 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 certificate first above written. k are NOTARY PUBLIC in and for the State • of Washington, residing at VAr (6A` , r - • STATE OF WASHINGTON ) COUNTY OF KING ) ss : .- ) G THIS IS TO CERTIFY that on this 4 ' 1983, before me, � l c in ofa � �, � the undersigned, a Notary Public and or the O State of Washington, personally appeared DAVID M . SCHUMAN, Inknown to be the person who executed the within and foregoing me C�2 insment, as a general partner of FIRST CITY EQUITIES, a Wash- gton general partnership, and acknowledged the said instrument ri VIto be his free and voluntary act and deed and that of the partner- ship for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in this certificate first above written. /9 /1(444.):-' ' ' '''. NOTARY PU: IC � nd n and r e state o Washingt.�. , residing t �Gtrie4,4N {-. STATE OF WASHINGTON ) ) ss : COUNTY OF KING ) THIS IS TO CERTIFY that on this � day of 460-L 1983, before me, the undersigned, a Notary Public in ands State of Washington, personallyART, to me t known to be the person who executed theappeared within a rndGforegoing me instrument, as a general partner of FIRST CITY EQUITIES, a Wash- ington general partnership, and acknowledged the said instrument to be his free and voluntary act and deed and that of the partner-. ship for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in this certificate first above written. NOTA PU IC in nd for e Stat Wash gton, resi ing at of I 1 L'`'. II+w EXHIBIT "A" Tract "A" of the Plat. of Washington Technical Center according to the plat thereof recorded in Volume 122 of plats, Pages 98 to 102, Records of King County, Washington. And a portion of Tract "B" of said Plat of Washington Technical Center, recorded in Volume 122 of plats , Pages 98 to 102, Records of King County, Washington, described as follows: Beginning at the Southeast of Tract "A" as shown on said plat; Thence S. 73°04'46" E. a distance of 359.61 feet to the True Point of Beginning said point being the beginning of a curve concave to the northeast having a radius Cof 238.52 feet from which the center of the circle of said curve bears N. 16°55' 14" E. ;_ Thence along said curve through a central angle of 110°07 '09" an arc lenoth of 458.42 ft; Thence N. 37°02'23" E. a distance of 204.96 feet; In Thence N. 20°23'07" E. a distance of 290.71 feet; 04 Thence S. 90°00'00" E. a distance of 274.74 feet; ' 4 Thence S. 0°00'00" W. a distance of 565.00 feet; pip Thence N. 88°15'00" W. a distance of 248.97 feet; Thence S. 0°00'00" W. a distance of 290.02 feet; Thence N. 73°04'46" W. a distance of 135.51 feet to the True Point of Beginning. • l y^. • K Z c� c I, J) PU to ,1 w t7 O U In r `u o i) r� W N w) W t0 0 ti InMZ w (D... to r `7 �¢ \ N r'- r•i � if) (tj r- ._, Lit W A. 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