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HomeMy WebLinkAboutL_Native Growth Protection Easement_180925_v1.pdf1 When recorded return to: City Clerk City of Renton 1055 South Grady Way Renton, WA 98057-3232 NATIVE GROWTH PROTECTION EASEMENT Property Parcel/ Tax Account Number: 2423049006 Reference Number(s) of Documents assigned or released: N/A Project File #: Street Intersection or Project Name: 1200 Monster Road SW Renton, WA 98057 Grantor(s): Grantee(s): 1. King County, a political subdivision of the State of Washington 2. City of Renton, a Washington municipal corporation LEGAL DESCRIPTIONS: Legal of Grantor’s property on pages 6-9, Exhibit “C”. Additional legal on page 4, Exhibit “A”. The Grantor(s) King County, a political subdivision of the State of Washington (“Grantor”), for and in consideration of satisfying condition 4 of LUA-18-000188 and to avail Grantor of the benefits of such land use application, do by these presents, grants, bargains, sells, conveys and warrants unto the Grantee, City of Renton, a Washington municipal corporation (“Grantee”), its successors, assigns and permitees, a Native Growth Protection Easement (NPGE), over, under, through, across and upon the parcel of land herein described on Exhibit “A” and depicted on the Map Exhibit “B”. The NPGE identifies the wetland and buffer area. The creation of the NGPE conveys to the public a beneficial interest in the land within the easement area. This interest shall be for the purpose of preserving native vegetation for the control of surface water and erosion, maintenance of slope stability, visual and aural buffering, and protection of plant and animal habitat. MAINTENANCE RESPONSIBILITY: All owners of lots created by or benefiting from this City action, abutting or including this native growth protection easement [tract] are responsible for maintenance and protection of the easement [tract]. Maintenance includes ensuring that no alterations occur within the tract and that all vegetation remains undisturbed unless the express written authorization of the City has been received with the exception of the following work 2 activities (Activities): 1. Grantor may operate, maintain, replace, expand and reconstruct the above and below grade stormwater and wastewater facilities, conveyance pipelines and related appurtenances located within the NGPE area. 2. Grantor may operate, maintain, replace, expand and reconstruct a pedestrian path and related appurtenances located within the NGPE area. 3. Grantor may trim, mow, weed, replant, water, maintain and manage vegetation and noxious weeds within the NGPE area. 4. Grantor shall, at the completion of conducting any of the above referenced Activities, restore the surface of the NGPE area to the reasonably ap proximate condition in which existed prior to the commencement of the Activities. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this _____day of ________________________, 20_______. GRANTOR: _____________________________________ _____________________________________ 3 INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that ______________________ ___________________________________________ signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary (Print)_____________________________________ My appointment expires:____________________________ Dated: REPRESENTATIVE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that ______________________ ___________________________________________ signed this instrument, on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the _________________________ and ____________________ of ___________________________ to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary (Print)_____________________________________ My appointment expires:____________________________ Dated: CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) On this _______ day of _____________, 19____, before me personally appeared to me known to be of the corporation that executed the within instrument, and acknowledge the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary (Print)_____________________________________ My appointment expires:____________________________ Dated: 4 EXHIBIT “A” - Legal Description 5 EXHIBIT “B” - Map Exhibit 6 EXHIBIT “C” – Legal Description of Grantor’s Property Parts of Government Lots 2, 5 and 6, the Northeast qu arter of the Northwest quarter, and the Southwest quarter of the Northeast quarter of Section 24, Township 23 North, Range 4 East, W.M., King County, Washington, as more particularly described herein below: Commencing at the Northwest corner of Section 24, Township 23 North, Range 4 East, W.M., as established by King County Aerial Survey Coordinates (Existing Monument}; thence South 87'26'48" East along the North line of Section 24, a distance of 2692.56 feet, more or less, to the North quarter corner of said Section, established by a survey and the ties thereto, together with the King County Aerial Survey Coordinates, filed with the King County Engineer; thence South 0'55'30" West along the North-South center line of said Section 24, the bearing of which is based on the angle in the Southwest quadrant at the North quarter corner as determined from King County Aerial Survey subdivision of said Section 24, a distance of 609.118 feet to the True Point of Beginning of this description; thence South 89'04'30" East along a line perpendicular to said North-South center line of Section 24, a distance of 470.00 feet; thence South 0'55'30" West along a line which is 470.00 feet easterly of and parallel with said North- South center line of Section 24, a distance of 1402.37 feet, more or less, to the intersection thereof with the northerly line of the right of way of the Northern Pacific Railway Company; thence Southwesterly, Westerly, and Northwesterly, along said Northerly line of right of way, to the intersection thereof with the Northeasterly line of 72nd Avenue South; thence Northwesterly, Northeasterly and Northerly along the Easterly line o f said 72nd Avenue South to the intersection thereof with a line bearing North 89'04'30" West from the True Point of Beginning; thence South 89'04'30" East along said last mentioned line, 1046.33 feet , more or less, to said True Point of beginning of this description. TOGETHER WITH An irregular shaped parcel of land all situate in the Northwest quarter and the Northeast quarter of Section 24, Township 23 North, Range 4 East, W.M., in King County, Washington, containing 11.48 acres, more or less, described more particularly as follows: Beginning at a point on the North margin of right of way of Burlington Northern Inc., "former Northern Pacific Railway Company" 470.0 feet Easterly as measured at right angles to the North-South quarter line of said Section 24; thence North 0'55'30" East 1402.37 feet; thence North 89'04'30" West 1516.33 feet, more or less, to the Easterly margin of County Road No. 24- 23-4-1, "Monster or Steel Hill Road”; thence Northerly along said Easterly margin to a point hereinafter described: Commencing at a point on the East line of the Northeast quarter of the Northwest quarter of Section 24, Township 23 North, Range 4 East, W.M., in King County, Washington, which point is 1804.20 feet North of the center of said Section 24; thence South 89'34'43" West 1050 feet, more or less, to the Easterly margin of County Road No. 8, 72nd Avenue South "Monster or Steel Hill Road':· thence Northerly along said Easterly margin 404.0 feet to said point; thence 7 continuing above description, thence North 89'34'43" East 200.0 feet; thence Northerly at right angles to a point on the South margin of a hereinafter described tract of land: "A tract of land of varying width all lying in the North half of Section 24, Township 23 North, Range 4 East, W.M., in King County, Washington, th e centerline being described as follows: Commencing at the Northwest corner of said Section 24; thence South 87'26'48" East 1826.61 feet on and along the North line of Section 24; thence North 22'26'02' West 13.12 feet to a beginning of a curve and the True Point of beginning of this description; thence continuing with a tract of land 300 feet in width, being 150 feet on each side of the following described centerline; thence Southeasterly along a tangent curve to the left having a radius of 572.96 feet a distance of 666.41 feet; thence South 89'04'30" East 783.81 feet; thence Southeasterly along a tangent curve to the right having a radius of 159.15 feet a distance of 215.27 feet; thence South 11'34"46" East 311.39 feet to a point which is the end of 300 foot width of said tract; thence continuing with a tract of land 280 feet in width, being 140 feet on each side of the following described centerline; thence South 11'34'46" East 1100.00 feet to a point which is the end of 280 foot width of said tract; thence continuing with a tract of land 140 feet in width, being 70 feet on each side of the following described centerline; thence South 11'34'46" East 29.00 feet; thence South 12'48'36" East to a point on the North margin of Burlington Northern Inc. right of way "Former Northern Pacific Railway Company" and the end of this description'; thence continuing with above description; thence Easterly along South margin of said tract of land to a point North 89'04'30" West 344.01 feet of a point South 00'55'30" West 459.118 feet of the North quarter of Section 24; thence South 89'04'30" East 783.81 feet; thence Southeasterly along a tangent curve to the right having a radius of 9.15 feet a distance of 12.36 feet; thence South 11'34'46" East 311.39 feet; thence North 78'25'14" East 10.00 feet; thence South 11'34'46" East 1100.00 feet; thence North 78'25'14" East 70.00 feet; thence South 11'34'46" East 29.75 feet; thence South 12'48'36" East to a point on the North margin of Burlington Northern Inc. right of way "Former Northern Pacific Railway Company':· thence Southeasterly along said North margin to the True Point of Beginning and the end of this description. TOGETHER WITH A portion of a tract of land situated in the City of Renton, County of King, State of Washington, as described in instrument recorded under Auditor's File No. 7203290497, more particularly described as follows: A tract of land lying in the Northeast quarter of the Northwest quarter and in Government Lot 2 of Section 24, Township 23 North, Range 4 East, W.M., said tract being 300 feet in width, lying 150 feet on each side of the following described centerline: Commencing at the Northwest corner of said Section 24; thence South 87'26'48" East 1826.61 feet along the North line of Section 24; thence North 22'26'02" West 69.89 feet to the True Point of Beginning of the centerline being herein described; thence South 22'26'02" East 56.77 8 feet; thence Southeasterly along a tangent curve to the left having a radius of 572.96 feet a distance of 666.41 feet; thence South 89'04'30" East 344.81 feet to a point on the North-South centerline of said Section 24, which point is South 00'55'30" West 309.12 feet from the North quarter corner of said Section 24; thence South 89'04'30" East 439.00 feet and the end of this description; EXCEPT the following described parcel of land: Commencing at a point on the East line of the Northeast quarter of the Northwest quarter of Section 24, Township 23 North, Range 4 East, W.M., in King County, Washington, which point is 1804.20 feet North of the center of said Section 24; thence South 89'34'43" West 1050 feet, more or less, to the Easterly margin of County Road No. 24-23-4-1 "Monster or Steel Hill Road"; thence Northerly along said Easterly margin 404.0 feet to the True Point of beginning; thence North 89'34'43" East 200.0 feet; thence North 00'25'17" West 300.0 feet; thence South 89'34'43" West to the Easterly margin of said County Road No. 24-23-4-1; thence Southerly along said Easterly margin to the True Point of Beginning and end of this description; ALSO EXCEPT any portion of the above described tract of land lying northerly of and Easterly of the following described line: Commencing at the North quarter corner of said Section 24; thence South 00'55'30" West, along the North-South centerline of said Section 24, 159.12 feet to a point on the Southerly line of a tract of land recorded under Auditor's File No. 73011804 80; thence South 89'04'30" East along said Southerly line 439.00 feet; thence South 00'55'30" West 300 feet to a point on the Northerly margin of a parcel of land quitclaimed by the Municipality of Metropolitan Seatt le (Metro) to King County under Auditor's File No. 8112230430; thence along said North margin, North 89'04'30" West 238.60 feet to the True Point of Beginning of the line herein described; thence North 73'04'46" West 46.48 feet to a point of curve, the center of said curve being North 16'55'12" East 431.53 feet; thence Northerly along said curve 425.13 feet to a point of terminus on the Northerly boundary line of land owned by Burlington Northern Railroad Company, said point of terminus bears North 73'04'46" West 9.65 feet; thence South 89'04'30" East 147.74 feet; thence North 00'55'30" East 159.12 feet to the Northwest corner of the Northeast quarter of said Section 24. TOGETHER WITH That portion of the Northeast quarter of Section 24, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Commencing at the North quarter corner of Section 24, Township 23 North, Range 4 East, W.M., being identified by Washington State Lambert Grid Coordinates North Zone N. 176,063.50 and£. 1,652,845.10; thence South 00'55'30" West along the North-South centerline of Section 24, Township 23 North, Range 4 East, W.M., 159.12 feet to a point on the Southerly line of tract of land under Recording No. 7301180480; thence South 89'04'30" East 439 feet; thence South 00'55'30" West 300 feet to a point on the Northerly margin of parcel of land 9 owned by Municipality of Metropolitan Seattle which is the True Point of Beginning, also being a point on a curve the center being South 00'55'30" West 9.15 feet; thence Southeasterly along said curve 12.67 feet; thence South 11'34'46" East 311.39 feet; thence North 78'25'14" East 10 feet; thence South 11'34'46" East 783.48 feet to a point "A·; thence North 18'39'08" West 94.52 feet; thence North 11'34'46" West 749.46 feet to a point of curve the center being South 78'25'14" West 307 feet; thence Northwesterly along said curve 329.53 feet; thence North 73'04'45" West 89.03 feet to a point on Northerly margin of land owned by Municipality of Metropolitan Seattle; thence South 89'04'30" East 238.60 feet to point of beginning. TOGETHER WITH commencing at above mentioned point "A”; thence South 18'39'08" East 318.94 feet to True Point of Beginning; thence North 78'25'14" East 30.74 feet to Westerly margin of parcel of land owned by Burlington Northern; thence South 11'34'46" East 29.75 feet; thence South 12'48'36" East 64.02 feet to Southerly margin of land owned by Municipality of Metropolitan Seattle; thence South 77'25'43" West along Southerly margin 20.43 feet; thence North 18'39'08" West 94.83 feet to True Point of Beginning; TOGETHER WITH that portion of Section 24, Township 23 North, Range 4 East, W.M., records of King County, Washington, described as follows: Beginning on the East Line of the Northeast Quarter of the Northwest Quarter of said Section 24 at a point North 00'03'30" West 1804.20 feet from the center of said Section 24; thence South 89'34'43" East 1050 feet, more or less, to the Easterly Margin of 72ND Ave South, formerly County Road No. 8; thence northerly along said road margin 404 feet to the True Point of Beginning; thence North 89'34'43" East 200 feet; thence northerly at right angles 300 feet; thence westerly at right angles 200 feet, more or less, to the Easterly Margin of 72nd Ave South; thence southerly along said avenue to the True Point of Beginning; Situate in the County of King, State of Washington.