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HomeMy WebLinkAboutE 20121220000304 Return Address: City Clerk's Office City of Renton 1055 South Grady Way 20121220@00304 Renton, WA 98055 CITY OF RENTON EAS 79.00 PAGE-001 OF 008 12/20I2012 09:00 KING COUNTY, WA WATER UTILITY EASEMENT Property Tax Parcel Numbers: 0886600020&0886600025 Project File#: 3425 ��.Q�_ �� Street Intersection or Project Name: ��+ � �•.�rne Reference Number(s) of Documents assigned or released: Additional reference nurnbers are on page Grantor(s): Grantee(s): 1. SEE BELOW 1. City of Renton, a Municipal Corporation 2. The Grantor(s),as named above,for and in consideration of mutual benefits,do by these presents,grant,bargain,sell, convey,and warrant unto the above named Grantee,its successors and assigns,a non-exclusive easement for public water line with necessary appurtenances over,under,through,across and upon the following described properiy(the right-of-way) in King County,Washington,more particularly described as follows: Abbreviated Lega1 Description: A utility easement across a portion of the Northwest Quarter of Section 8,Township 23 North,Range 5 East W.M.,in the City of Renton,King County,Washington. Complete legal descripton on Exhibit"A"Water Esement Legal Description and shown on"Map Exhibit"(sheets 1 and 2 of 2). Grantor(s) I. Sanctuary at the Landing Owners Association,a non-profit Washington corporation. 2. Fairfield Lakeshore I,LP,a Delaware limited partnership c:���r,.;� i.. � `�.�,S�^ �si� bl.i� �.J.YYw� �9.WV1,+ f L �'�_._.,._.___.,....._`..v.._�.w� _.�`.Jr� / 'r� ��. ,F�� � ` rv��.., .`y., ., �f, Water Utility Easement.doc\ Page 1 FOR1�103 0009/bh/ For the purpose of constructing,reconstructing,installing,repairing,replacing,enlarging,operating and maintaining Water Line utilities and utility pipelines,together with the right of reasonable ingress and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefor. 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. The Grantee shall at its sole cost and expense,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. 2. Grantor shall retain the right to use the surface of the easement as long as such use does not unreasonably interfere with the easement rights granted to the Grantee. Grantar shall not,however,without Grantee's consent,have the right to: a. Erect or maintain any buildings or structures within the easement; or b. Plant trees, shrubs or vegetation having deep root patterns which may cause damage to or interfere with the utilities to be placed within the easement by the Grantee; or c. Develop(other than paving),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. d. Dig,tunnel or perform other forms of construction activities on the property which would disturb the compaction or unearth Grantee's facilities on the right-of-way,or endanger the lateral support facilities. e. Blast within fifteen(15)feet of the right-of-way. 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 their respective properties above and that they have a good and lawful right to execute this agreement. Grantee shall protect,defend,indemnify and hold harmless Grantor,and its successors and assigns and their directors,officers,employees tenants,contractors,agents,and licensees(collectively"Grantor Parties")from and against any and all claims,demands,causes of action,damages or liability caused by Grantee in the installation, construction or use of the Waterline improvements and shall repair any damage to the improvements located on the Property or any damage resulting from subsidence,shifting or settling of the Property caused by Grantee in the installation,construction or use of the Waterline improvemens;provided,however,that Grantee shall not be liable to Grantor or any of the Grantor Parties for any claim,demand,casuse of action,loss,damage or liability resulting from the negligence or willful act ar omission of Grantor and/or any Grantor Parties,or the concurrent negligence of Grantor and/or any Grantor Parties to the extent of such concurrent negligence. This conveyance shall bind the heirs,executors,administrators and assigns forever. Water Utility Easement.doc\ Page 2 FORM 03 0009/bh/ � IN WITNESS WHEREOF,said Grantor has caused this instrument to be executed this�day o 2009. SANCTU HE LANDING ERS ASSOCIATION,a non-profit Washington Corporation. By: Name: Ed McCoy Title: �Presid�at�,°�U2 �G:i���e� State of California ) � ) County of � _) On � before me ✓� �l�'C da here' sert name nd title of the officer Personally appeared ,�. name(s)of s�gner s) who proved to me on the basis of satisfactory evidence to be the person�whose name(�is/a�e.subscribed to the within instrument and acknowledged to me that he/sl3ef�key executed the ����p(� same in his/her/their signature�on the instrument the person�, ��m�:��y�jdg��Z'j or the entity upon behalf of which the person(�qf acted,executed �q�y p�NC.C�NfOflii� the instrument. Sill Qf�O C�II� �,pppn, fib 20,2013 I certify under PENALTY OF PERJLJRY under the la�s of the State of California that the for oing paragraph is t e and correct. Signahzre: Si re Place Notary Seal above Water Utility Easement.doc\ Page 3 FORM 03 0009/bh/ FAIRFIELD LAKESHORE I,LP,a Delaware limited partnership By: FF Lakeshore GP LLC,a Delaware limited liability company,its General Partner By: FF CRF Fund LLC,a Delaware limited liability company,its Manager By: FF Properties,Inc.,a aw e corporation its Manager By: Name: Ed McCo � Title: EresRizh G2�(�es)�— State of California ) County of 8 ) On before me, O r ��� da here ins name and ide o the officer Personally appeared 1 name(s)of signer(s) � who proved to me on the basis of satisfactory evidence to be the person(�whose name(�is/aTe�subscribed to the within 1#Ip�Et �nstrument and acknowledged to me that he/sl�eLt�y executed the SHANNYN D��E same in his/]si�ht�eir si nature on the instrument the erson� �Q�ifaion+1���7422 or the entity upon behalf of wh�ch the person�j acted,executed) � �,�p�y pyb{i�.CaliforM� the instrument. San Die�o Couety " M Corttm.Ex ites f�a 20,2018 I certify under PENALTY OF PERJURY under the laws of the State of Calif ia that the foregoing paragraph is hv nd correct. Signature: �e o u i Place Notary Seal above Water Utility Easement.doc\ Page 4 FORM 03 0009/bh/ EXHIBIT"A" THE SANCTUARY TRIAD JOB NO. 06-236 WATER EASEMENT LEGAL DESCRIPTION FEBRUARY 04, 2009 OVER, UNDER AND ACROSS THE FOLLOWING DESCRIBED STRIPS OF LAND LOCATED IN LOTS "A"AND "B" OF CITY OF RENTON LOT LINE ADJUSTMENT NO. 07-053, RECORDED UNDER RECORDING NUMBER 20070705900013, DESCRIBED AS FOLLOWS: A 15.00 FOOT WIDE STRIP OF LAND LYING 7.50 FEET EACH SIDE OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF NORTH 10T" DRIVE (A PRIVATE ROAD)AND GARDEN AVENUE NORTH, THENCE SOUTH 72°01'39"WEST ALONG THE CENTERLINE OF SAID NORTH 10T" DRIVE, SAID CENTERLINE ALSO BEING DESCRIBED AS BEING THE NORTHEASTERLY PROLONGATION OF THE LINE COMMON TO SAID LOTS "A"AND "B", A DISTANCE OF 30.00 FEET TO THE WEST MARGIN OF SAID GARDEN AVENUE NORTH AND THE SOUTHEAST CORNER OF SAID LOT A; THENCE NORTH 18°00'30"WEST, ALONG SAID WEST MARGIN, A DISTANCE OF 5.19 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 72°03'28"WEST,A DISTANCE OF 173.49 FEET TO A POINT HEREAFTER REFERRED TO AS POINT"A"; THENCE CONTINUING SOUTH 72°03'28"WEST, A DISTANCE OF 31.60 FEET TO A POINT HEREAFTER REFERRED TO AS POINT"B"; THENCE CONTINUING SOUTH 72°03'28"WEST, A DISTANCE OF 49.28 FEET TO A POINT HEREAFTER REFERRED TO AS POINT"C"; THENCE CONTINUING SOUTH 72°03'28"WEST, A DISTANCE OF 67.89 FEET TO A POINT HEREAFTER RFFERRED TO AS POI�!T"D"; THENCE CONTINUING SOUTH 72°03'28"WEST, A DISTANCE OF 21.94 FEET TO A POINT HEREAFTER REFERRED TO AS POINT"E"; THENCE CONTINUING SOUTH 72°03'28"WEST, A DISTANCE OF 40.79 FEET TO A CURVE TO THE LEFT; THENCE SOUTHWESTERLY, ALONG SAID CURVE, HAVING A RADIUS OF 350.00 FEET, THROUGH A CENTRAL ANGLE OF 3°33'35"AN ARC DISTANCE OF 21.74 FEET; THENCE SOUTH 68°29'53"WEST A DISTANCE OF 67.53 FEET TO THE EAST MARGIN OF PARK AVENUE NORTH AND THE TERMINUS OF THIS EASEMENT, SAID TERMINUS BEING FURTHER DESCRIBED LYING 0.58 FEET NORTH OF THE SOUTHWEST CORNER OF SAID LOT"A", AS MEASURED ALONG SAID EAST MARGIN OF PARK AVENUE NORTH. TOGETHER WITH A 15.00 FOOT WIDE STRIP OF LAND LYING 7.50 FEET EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT SAID POINT"A", THENCE SOUTH 17°58'21" EAST A DISTANCE OF 26.78 FEET; THENCE SOUTH 72°03'28"WEST, A DISTANCE OF 29.00 FEET TO THE TERMINUS OF THIS EASEMENT. TOGETHER WITH A 36.00 FOOT WIDE STRIP OF LAND LYING 18.00 FEET EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT SAID POINT"B", THENCE NORTH 17°56'32"WEST A DISTANCE OF 23.00 FEET TO THE TERMINUS OF THIS EASEMENT. TOGETHER WITH A 15.00 FOOT WIDE STRIP OF LAND LYING 7.50 FEET EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT SAID POINT"C", THENCE SOUTH 17°56'32" EAST A DISTANCE OF 17.00 FEET TERMINUS OF THIS EASEMENT. TOGETHER WITH A 44.00 FOOT WIDE STRIP OF LAND LYING 22.00 FEET EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT SAID POINT"D", THENCE NORTH 17°38'21"WEST A DISTANCE OF 23.00 FEET. TOGETHER WITH A 42.00 FOOT WIDE STRIP OF LAND LYING 21.00 FEET EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT SAID POINT"E", THENCE SOUTH 17°58'21" EAST A DISTANCE QF 34.00 FEET AND THE TERMINUS OF THIS EASEMENT. \ 121 12 1 15�'Avenue NE Kirkland,Washington 98034-9623 T 425 821.8448•800.488.075G�Fax 425.8213481 www.triadassociates.net ASSOCIATES _-� • �' - �� • .r�+..u.i.ir TOGETHER WITH A 15.00 FOOT WIDE STRIP OF LAND LYING 7.50 FEET EACH SIDE OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF NORTH 10T" DRIVE (A PRIVATE ROAD)AND GARDEN AVENUE NORTH, SAID CENTERLINE OF NORTH 10T" DRIVE ALSO BEING DESCRIBED AS BE THE NORTHEASTERLY PROLONGATION OF THE LINE COMMON TO SAID LOTS "A"AND"B", THENCE SOUTH 18°00'30" EAST ALONG THE CENTERLINE OF SAID GARDEN AVENUE NORTH, 141.42 FEET; THENCE SOUTH 71°59'30"WEST A DISTANCE OF 30.00 FEET TO THE WESTERLY MARGIN OF SAID GARDEN AVENUE NORTH AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 71°59'30"WEST A DISTANCE OF 18.00 FEET AND THE TERMINUS OF THIS EASEMENT. TOGETHER WITH A 20.00 FOOT WIDE STRIP OF LAND LYING 10.00 FEET EACH SIDE OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF NORTH 10T"STREET AND PARK AVENUE NORTH; THENCE SOUTH 89°25'53" EAST ALONG THE CENTERLINE OF SAID NORTH 10T" STREET, 104.45 FEET TO A CURVE TO THE LEFT; THENCE EASTERLY, ALONG SAID CURVE, HAVING A RADIUS OF 400.00 FEET, THROUGH A CENTRAL ANGLE OF 6°03'15" AN ARC DISTANCE OF 42.27 FEET; THENCE NORTH 05°28'52"WEST,A DISTANCE OF 39.50 FEET TO THE NORTHERLY MARGIN OF SAID NORTH 10T" STREET AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 05°28'S2"WEST, A DISTANCE OF 26.00 FEET AND THE TERMINUS OF THIS EASEMENT. EXCEPT THAT PORTION OF ANY OF THESE STRIPS OF LAND, IF ANY, LYING WITHIN THE CONSTRUCTED BUILDINGS. THE SIDE LINES OF ALL EASEMENTS SHALL BE LENGTHENED OR SHORTENED IN ORDER TO INTERSECT EACH OTHER, AND EXTENDED OR SHORTENED TO MEET THE WEST MARGIN OF GARDEN AVENUE NORTH AND THE EAST MARGIN OF PARK AVENUE NORTH. SAID LOTS"A"AND"B" BEING FURTHER DEFINED AS BEING LOCATED IN THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. WRITTEN BY: ARJ CHECKED BY: REW �,o��;�'oF k WA S��. .��C' f�G * � � �o� 0 8102 -� s��.Gl S TE����4yw �n'AL LA�� �� oy 200� MAP EXHIBIT TRIAD JOB # 06-213 WATER EASEMENT SHEET 1 OF 2 LEGAL DESCRIPTION: THE LANDING -- -- -- -- -- -- -- -- -- _�,,. GARDEN A VE N POC POB _ � � . _ _ _ _ , . �. � � I I � ; I � POB �5' WA TER ; � � EASEMEN T 15' WA TER I � EASEMEN T � � � ; I � � � I � PoiN r "a" I � � � �5� 36.D' PoiNr "e" ,5. SCALE: 1 " = 80' , N � I �s' \ � ; Po�N r "c" �j � O ` cor e c� ; LOT A � � LLA-07-053 � LLA-07-053 � I ~ � » �' I W ; PoiN r o � � ; 44.o' W � r- 42.o' � \ W � PoiN r "E" ( � ; � � _ ; I i � � � Io ; IZ ' � � � _ pAR� q � �F�vF �_------- -- __�` N _ \ \ � � \ 12112 115th Avenue N.E. Kirklond, Washington 98034-6929 T 425.821.8448 — 800.488.0756 — Fox 425.821.3481 www.triadossociotes.net ASSOCIATES �_ a � r - '�� 4 MAP EXHIBIT TRIAD JOB # 06-213 WATER EASEMENT SHEET 2 OF 2 LEGAL DESCRIPTION: THE LANDING 3 3 g � ' � � GAROEN A VE N ' � POC POB � ! � . , � I I � I � POB �5' WA TER � � � EASEMEN T ` I � J 15' WA TER �; � � EA SEMEN T I � I � I � � � I I �. N `.�.�a� , i � � I o ��- � � SCALE: 1 " = 80' � � � � ` � � y � w...Q � � � � � o Z Z � �or e � `, � �� LLA-07-053 I � � � ; � I � o I I� 20' WA TER POB I I� EA SEMEN T IZ � � � � _ pAR � A��NUF _ N —'��_ \ _\ ��\ Poc \ 12112 115th Avenue N.E. Kirkland, Washington 98034-6929 T 425.821.8448 — 800 488 0756 — Fax 425.821.3481 www.triodassociates.net ASSOCIATES /_ s � :. a.s� , e, ;�.