HomeMy WebLinkAboutE 20040414000080 � � � i
Return Address:
City Clerk's Office
City of Renton
1055 South Grady Way
Renton, wA 98055 20040414000080
CITY OF RENTON EAS 26.00
PAGE001 OF 008
04/14/2004 08:53
KING COUNTY, WA
Title: ACCESS EASEMENT Pro e Tax Parcel Number: 212305-9068
Project File#: LND95-0043/SWP 27-3046 Street Intersection or Project Name:
Cedar River Spawning Channel Replacement Project
Grantor(s): Grantee(s):
1. Shadow Hawk I Condominium Owners 1. City of Renton, a Municipal Corporation
Association
Additional legal is on Exhibit`A'of document. (Abbreviated legal deseription MUST go here.)
LEGAL DESCRIPTION:
An access easement over a portion of Lot 1 of the Kensington Crest Short Plat(Shadow
Hawk)filed under King County Recording Number 20011212900014 in Volume 149 of
Surveys at pages 142, 142A through 142E, inclusive, in Section 21, Township 23 north,
Range 5 east of the W.M., in the City of Renton,King County, Washington.
�ccis�zAx�uor REQui�u
King nty Reco Division
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That said Grantor(s), for and in consideration of the appraised value,do by these presents,grant,bargain,sell,
convey,and warrants unto the said Grantee and for use on behalf of the Grantee by the United States,its
representatives, agents and contractors a perpetual and nonexclusive easement and right-of-way in,on,over and
across the land described in Schedule A for the location,construction, operation,maintenance,alteration, and
replacement of(a)road(s)and appurtenances thereto;together with the right to trim, cut,fell and remove
therefrom all trees,underbrush,obstructions and other vegetation, structures,or obstacles within the limits of the
right-of-way;(reserving,however,to the grantors,their heirs and assigns,the right to cross over or under the
right-of-way as access to their adjoining land)subject,however,to the existing easements for public roads and
highways,public utilities,railroads,and pipelines. Grantee shall be responsible for maintaining any
improvements, including but not limited to roadways,that it has constructed within the Easement Area.
Following the initial construction of its facilities,Grantee may from time to time construct such additional
facilities as it may require. This easement is granted subject to the following terms and conditions:
1. Grantee agrees that all activities performed by it within the Property shall be performed diligently and continuously to
conclusion in a good,workmanlike,and lien free manner and in compliance with a11 applicable laws,rules,regulations,
orders,and ordinances of the city,county,state,and federal governments,or any department or agency of any of them,
affecting use of the Properties.
2. Grantee shall,upon completion of any work within the property covered by the easement,restore the surface of the
easement,and any private improvements disturbed or destroyed during execution of the work,as nearly as practicable to
the condition they were in immediately before commencement of the work or entry by the Grantee.
3. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement
rights granted to the Grantee.
4. Grantor shall not,however,have the right to:
a. Erect or maintain any buildings or structures within the easement;or
b. Develop,landscape,or beautify the easement area in any way which would unreasonably increase the costs to
the Grantee of restoring the easement area and any private improvements therein.
5. Grantee shall release,indemnify and promise to defend Grantor and save Grantor hannless from and against any and all
liability,loss,damage,expense,actions and claims,including cost and reasonable attorneys'fees incurred by Grantor in
defense thereof,asserted or arising directly or indirectly on account of or out of acts,or omissions of Grantee or the
servants,agents,employees,contractars,and invitees of Grantee in the exercise of the rights granted herein;provided,
however,this paragraph does not purport to indemnify Grantor against liability for damages arising out of the death or
bodily injury to persons or damages to property caused by or resulting from the gross negligence or intentional bad acts
of Grantor,or its agents or employees. Solely for the purpose of effectuating Grantor's indemnification obligations
under this Agreement,and not for the benefit of any third parties(including but not limited to employees of either
party),each party specifically and expressly waives any immunity that may be granted it under the Washington State
Industrial Insurance Act,Title 51 RCW. Furthermore,the indemnification obligations under this Agreement shall not
be limited in any way by any limitation on the amount or type of damages,compensation or benefits payable to or for
any third party under Worker Compensation Acts,Disability Benefit Acts or other employee benefit acts. The parties
acknowledge that the foregoing provisions of this Section have been specifically and mutually negotiated between the
parties.
This easement shall run with the land described herein,and shall be binding upon the parties,their heirs,
successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and
that they have a good and lawful right to execute this agreement.
By this conveyance,Grantor will warrant and defend the sale hereby made unto the Grantee against all and every
person or persons,whomsoever,lawfully claiming or to claim the same. This conveyance shall bind the heirs,
executors,administrators and assigns forever.
]
IN WITNESS WHEREOF,said Grantor has caused this instrument to be executed this2l;�Fday of -�_2004.
SHADOW HAWK I CONDOMINIUM
OWNERS ASSOCIATION
By:
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Bryan Whit ,Its C =President T�fy Jame�,Its Co-Pr,�sident
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:
Form 84 0001/bh
IN WI"TNESS WHEREOF,I have hereunto set my hand and seal the day and year as written below.
REPRESENTAT/VE FORrbl OFACKNOWLEDGME.NT
Notary Seal must be within box STATE OF WASHINGTON )SS
COUNTY OF KING )
I certify that I know or have satisfactory evidence that ���}a a�_
m����
�N`�,��� ,c�a ����S y �'c��r r signed this instrument,on oath
;r.,�-�',•��S5���1��r�,s0�1� ckno ledged it asth e �as/�e��au.��h�o�rized to execut�ent�h�inst�m�n�and�
"� :p;v�OTA y' F °f���`D`"���"T' C'O1''&�.�i�^ to be the free and voluntary act of such
> :� �Y ��, ; party/parties for the uses and purposes mentioned in the instrument.
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j '• P��E3LIC� � S
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f �. •. 9� c� ••°��'-� Notary Public i and for the State of Washington
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{���Gfi��p�,�4�� Notary(Print) `�.v�s�� h �d����`
����, My appointment expires: ��-c� .n��
Dated: 'Z-�Z�,•c.-
CORPORATE FORM OFACKNOTYZEDGMENT
Notary Seal must be within box STATE OF WASHINGTON )SS
COUNTY OF KING )
On this day of ,20 ,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 far the State of Washington
Notary(Print)
My appointment expires:
Dated:
.
Exhibit A
That portion of Lot 1 of City of Renton Short Plat No. LUA-01-064-SHPL filed under Recording
Number 200112129000014 in Volume 149 of Surveys, pages 142, 142A through 142E,
inclusive, Records of King County, Washington, in Section 21, Township 23 north, Range 5 east
of the W.M., referred to as the Kensington Crest Short Plat(Shadow Hawk), situate in the City of
Renton, King County, Washington,
Lying in 20.00 foot wide strips of land, 10.00 feet on both sides of the following described centerlines;
Centerline Number 1: (existing asphalt road)
COMMENCING at the northwest corner of Section 21, Township 23 north, Range 5 East, of the
W.M.;
thence South 00°41'17"West, a distance of 2577.38 feet to the west quarter section corner of
said Section 21;
thence North 53°24'16" East, a distance of 1669.88 feet to a point on the northerly margin of
Southeast Royal Hills Drive and on the southerly line of said Lot 1;
thence North 36°27'27"West, along said road margin, a distance of 27.54 feet to the beginning
of a curve tangent to said line;
thence northwesterly a distance of 27.47 feet along the curve concave to the southwest, having
a radius of 316.94 feet and a central angle of 4°57'57"to the True Point of Beginning of
easement centerline number 1;
thence North 48°34'37" East, a distance of 14.68 feet to the beginning of a curve tangent to said
line;
thence northeasterly and northerly a distance of 90.96 feet along the curve concave to the
northwest, having a radius of 100.00 feet and a central angle of 52°06'56"to a point of
compound curvature hereinafter known as Point"A";
thence northerly a distance of 2.79 feet along the arc of said curve concave to the west having a
radius of 100.00 feet and a central angle of 1°35'48";
thence North 05°08'07"West tangent to said curve, a distance of 149.47 feet to the beginning of
a curve tangent to said line;
thence northerly and northeasterly a distance of 246.75 feet along the curve concave to the
southeast, having a radius of 210.00 feet and a central angle of 67°19'23";
thence North 62°11'16" East tangent to said curve, a distance of 162.19 feet to the beginning of
a curve tangent to said line;
thence northeasterly and easterly a distance of 105.10 feet along the curve concave to the
south, having a radius of 210.00 feet and a central angle of 28°40'27"to a point of reverse
curvature;
thence easterly and northeasterly a distance of 46.57 feet along the arc of said curve concave to
the north having a radius of 70.00 feet and a central angle of 38°07'19" to a point of compound
curvature hereinafter known as Point"B";
thence northeasterly and northerly a distance of 45.93 feet along the arc of said curve concave
to the northwest having a radius of 70.00 feet and a central angle of 37°35'S4"to the edge of
existing asphalt pavement and the terminus of Centerline Number 1.
Centerline Number 2: (existing gravel road)
BEGINNING at the above described Point"A";
thence along a curve, concave to the northwest, from which the radius point bears North
32°55'04"West, northeasterly a distance of 71.54 feet, said curve having a radius of 353.26 feet
and a central angle of 11°36'11";
thence North 45°28'45" East tangent to said curve, a distance of 45.02 feet to the beginning of a
curve tangent to said line;
thence northeasterly a distance of 55.02 feet along the curve concave to the southeast, having a
radius of 150.98 feet and a central angle of 20°52'49";
thence North 66°21'34" East tangent to said curve, a distance of 67.63 feet to the beginning of a
curve tangent to said line;
thence northeasterly a distance of 101.77 feet along the curve concave to the northwest, having
a radius of 201.53 feet and a central angle of 28°55'59";
thence North 37°25'35" East tangent to said curve, a distance of 68.79 feet to the beginning of a
curve tangent to said line;
thence northeasterly and easterly a distance of 207.10 feet along the curve concave to the
southeast, having a radius of 200.00 feet and a central angle of 59°19'52" to a point of
compound curvature;
thence easterly a distance of 44.67 feet along the arc of said curve concave to the south having
a radius of 230.00 feet and a central angle of 11°07'38" to a point of compound curvature
hereinafter known as Point"C";
thence easterly and southeasterly a distance of 167.82 feet along the arc of said curve concave
to the southwest having a radius of 230.00 feet and a central angle of 41°48'25"to a point of
reverse curvature;
thence southeasterly a distance of 90.55 feet along the arc of said curve concave to the
northeast having a radius of 180.00 feet and a central angle of 28°49'26"to a point of compound
curvature;
thence southeasterfy and easterly a distance of 135.55 feet along the arc of said curve concave
to the north having a radius of 321.80 feet and a central angle of 24°08'03"; thence South
83°15'58" East tangent to said curve, a distance of 59.58 feet to the beginning of a curve
tangent to said line;
thence easterly and southeasterly a distance of 91.00 feet along the curve concave to the south,
having a radius of 168.03 feet and a central angle of 31°01'44";
thence South 52°14'15" East tangent to said curve, a distance of 47.37 feet to the beginning of a
curve tangent to said line;
thence southeasterly and easterly a distance of 186.66 feet along the curve concave to the
north, having a radius of 232.97 feet and a central angle of 45°54'24";
thence North 81°51'21" East tangent to said curve, a distance of 78.10 feet to the beginning of a
curve tangent to said line;
thence easterly a distance of 141.94 feet along the curve concave to the south, having a radius
of 291.52 feet and a central angle of 27°53'50"to a point of compound curvature;
thence easterly and southeasterly a distance of 122.85 feet along the arc of said curve concave
to the southwest having a radius of 517.95 feet and a central angle of 13°35'24";
thence South 56°39'25" East tangent to said curve, a distance of 21.78 feet to the beginning of a
curve tangent to said line;
thence southeasterly and easterly a distance of 145.87 feet along the curve concave to the
northeast, having a radius of 542.40 feet and a central angle of 15°24'33";
thence South 72°03'59" East tangent to said curve, a distance of 100.99 feet to the beginning of
a curve tangent to said line;
thence easterly, southeasterly and southerly a distance of 145.55 feet along the curve concave
to the southwest, having a radius of 133.62 feet and a central angle of 62°24'45";
thence South 09°39'14" East tangent to said curve, a distance of 65.69 feet to the beginning of a
curve tangent to said line;
thence southerly and southeasterly a distance of 70.98 feet along the curve concave to the
northeast, having a radius of 79.82 feet and a central angle of 50°57'05"to a point on the
westerly margin of the City of Seattle - Mercer Island pipeline right of way as Condemned in King
County Superior Court Cause Number 486190 and the terminus of Centerline Number 2.
Centerline Number 3: (existing gravel road)
BEGINNING at the above described Point"B";
thence along a curve concave to the east from which the radius point bears South 37°15'36"
East, southwesterly, southerly and southeasterly a distance of 103.30 feet, said curve having a
radius of 53.00 feet and a central angle of 111°40'21", to a point of compound curvature;
thence southeasterly and easterly a distance of 128.85 feet along the arc of said curve concave
to the northeast having a radius of 560.00 feet and a central angle of 13°10'58";
thence South 72°06'55" East tangent to said curve, a distance of 36.46 feet to the above
described Point"C" and the terminus of Centerline Number 3.
It is the intent of this description that sidelines shall extend or truncate as necessary to intersect
at boundary lines and intersections.
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