HomeMy WebLinkAboutA 20220321001185Instrument Number: 20220321001185 Document:AG Rec: $224.50 Page-1 of 22
Record Date:3/21/2022 2:41 PM
Electronically Recorded King County, WA
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City of Renton
Attn: City Clerk
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Document Title: Possession and Use Agreement
Grantor(s): ACI Real Estate SPE 138, LLC
Grantee: City of Renton
Abbreviated Legal: Ptn of Lot 2 of Lot Line Adjustment No. LLA-01 0-82; Ptn of
the H.H. Tobin Donation Claim No. 37 Ptn Gov Lots 9,10 S1 8-T23N-R5E; Ptn of
Lot C Lot Line Adjustment No. LUA-03-090-LLA
Full Legal Description on Page: 6
Tax Parcel No.: 182305-9071 000720-0199 000720-0004
Rainier Ave S Corridor Improvements Phase 4 Project
Project Parcel # 2, 49, and 50
R
0111ent are tAC i
and ACII Real Estate SPE 138, LLC, a Delaware limited liability company
Collectively the City and the Owner are referred to herein as the
"Parties."
A. The Owner owns certain real property located at 200 S 3rd St., Renton, WA
98057 ("Property"); and
'-I
r porary -ons ru ion tasemen . x 1 1 SY. an
are attached hereto and incorporated herein by this reference and the areas
comprised of the Right of Way Acquisition, Permanent Easement, and the
1 of 22
Instrument Number: 20220321001185 Document:AG Rec: $224.50 Page-2 of 22
Record Date:3/21/2022 2:41 PM King County, WA
Temporary Construction Easement are hereinafter referred to collectively as the
"Right -of -Way Property"; and
C. Any delay in the City's construction program is contrary to the public interest;
and
D. The City has made a firm offer on April 12, 2021 and is continuing its offer to
pay the amount of Three Hundred Ninety-nine Thousand and No/100 Dollars
($399,000.00) and will be released to the Owner, for the purchase of the Right -of -
Way Property; and
1 Ci!y Payment, Upon the execution by the City and Owner of this
Agreement, the City will issue a warrant for the benefit of the Owner in the
amount of $399,000.00, and will be released to the Owner, subject only to
deduction of the value of interests of others therein. This amount shall be
applied to the sale of the Right -of -Way Property from the Owner at closing
or, if the parties cannot reach agreement, condemnation will be filed, and
the payment amount will be applied toward the value of the Right -of -Way
Property determined by/in that action.
2.1 The Parties stipulate and acknowledge that the Right -of -Way Property Ls
necessary for public use of the City. If it becomes necessary for the City
to institute condemnation proceedings, the Owner waives any objection
and stipulates to the entry of an Order Adjudicating Public Use and
Necessity as provided in RCW 8.12.090, and stipulates and acknowledges
that this Agreement shall be treated as having the same legal effect and
accorded the same provisions as an Order for Immediate Possession and
Use provided by RCW 8.25.070 which by this reference are incorporated
herein as fully set forth. It is expressly understood by both Parties that by
signing this Agreement, the Owner is deemed to have met the
requirements of RCW 8.25.070(3) concerning responding to a written
request for possession and use and that the date of City's acceptance of
this Possession and Use Agreement is the agreed date of valuation.
2.2 Owner authorizes its corporate counsel, Michael Dingel, to accept service on
Owner's behalf.
104NW14
Instrument Number: 20220321001185 Document:AG Rec: $224.50 Page-3 of 22
Record Date:3/21/2022 2:41 PM King County, WA
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1 Possession.
County Recorder's Office, the Owner hereby grants possession and use of
the Right -of -Way Property to the City, its employees, agents, contractors,
and representatives for the purpose of commencing construction and
performing all tasks necessary for completion of the Project. The Owner
hereby waives the requirement of a written notice to move, as provided by
RCW 8.26.180, and will surrender possession of the Right -of -Way Property
to the City immediately upon recording of this Possession and Use
Agreement, unless extended in writing under a separate rental agreement.
4. Indemnification. The Owner and the City hereby agree to indemnify, hold
harmless, and defend each other from any and all claims, liability,
damages, costs, expenses, and judgments arising from the negligence or
intentional misconduct of their respective officers, employees, agents, or
contractors on the Right -of -Way Property or the Property, occurring prior to
closing or final decree transferring title to the Right -of -Way Property.
6. The City will continue to negotiate with the Owner for the required Right -of -
Way Property, including the price, and if applicable, non -monetary
consideration. The Owner may provide additional appraisal information,
supplied by a state certified appraiser, or other applicable cost information
to the City for negotiating purposes. If the City and Owner agree on a price
for the Owner's real estate, the Owner will execute a Statutory Warranty
Deed and/or other conveyance documents to the City for the herein -
described property and property rights.
7If the City and Owner cannot agree on a price for the Owner's real properf�
within four (4) months of the date of this Agreement, or if title cannot be
cleared, the City may institute condemnation proceedings; provided that
the City reserves the right to institute condemnation proceedings at any
time upon impasse or request by the Owner.
8. General Provisions:
8.1 Entire Agreement. This Agreement contains all of the agreements of the
Parties with respect to any matter covered or mentioned in this Agreement.
This Agreement shall be recorded against the Property.
8.2 Egggrding. Upon acceptance by the City, the City is authorized to record this
Possession and Use Agreement in the records of the King County
Recorder's Office.
Instrument Number: 20220321001185 Document:AG Rec: $224.50 Page-4 of 22
Record Date:3/21/2022 2:41 PM King County, WA
8.3 Advice of Counsel. The Owner has been advised of Owner's right to secure
review of this Agreement by Owner's own legal counsel and has not relied
upon the City for any advice concerning this Agreement.
8.4 Amendments. No provision of this Agreement may be amended or modified
except by written agreement signed by the Parties.
8.5 5gygrgt�� Any provision of this Agreement which is declared invalid or illegal
shall in no way affect or invalidate any other provision and such other
sections or provisions shall remain in full force and effect.
8.6 Aqtborily. Each Party represents and warrants that the individuals executing
this Agreement are duly authorized to execute this Agreement,
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-�e—rformance of any terms of this Agreement or any Party places the
enforcement of this Agreement in the hands of an attorney, or files a
lawsuit, said Party shall pay all its own attorneys' fees, costs, and
expenses. The venue for any dispute related to this Agreement shall be in
King County Superior Court for the State of Washington at the Maleng
Regional Justice Center in Kent, King County, Washington, or its
replacement or successor.
8.8 Waiver of Breach. Failure of a Party to declare any breach or default
immediately upon the occurrence thereof, or delay in taking any action in
connection with, shall not waive such breach or default.
provisions in which performance is a factor.
8. 111 RIM 014 M-W, a M 111' MM M, 9 a
Property, as well as the public health, safety, and welfare of the City of
Renton, and the benefits and burdens inuring to the Property, and to the
City, from this Agreement shall run with the land and shall be binding upon
Owner and its heirs, successors, and assigns, and upon the City of Renton.
upon the City unless and until accepted and approved hereon in writing for the City
by its authorized agent.
Instrument Number: 20220321001185 Document:AG Rec: $224.50 Page-5 of 22
Record Date:3/21/2022 2:41 PM King County, WA
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Renton
By: lAal—
Printed
Printed Name:
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County of
On this __I'_ day of 20 ZZ before me personally appeared
, to me known to be the
i 4 the foregoing
acknowledged to be the free and voluntary ..ct and deed of said limited
liabilitytii . d purposes M and on oath stated that
Instrument Number: 20220321001185 Document:AG Rec: $224.50 Page-6 of 22
Record Date:3/21/2022 2:41 PM King County, WA
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Lot A, City of Renton Lot Line Adjustment No. LUA-03-090-LLA, recorded under Recording
No. 20031117900011, records of King County, Washington;
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No. 20031117900011, records of King County, Washington;
That portion of the H.H. Tobin Donation Claim No. 37, and that portion of Government Lots 9
and 10, and that portion of Tracts 12, 13 and 14 of Renton Shorelands, Second Supplemental
Maps, adjacent to said Government Lots 9 and 10, and that portion of vacated Lake Avenue,
per City of Renton Ordinance No. 4714, recorded under King County Recording No.
9804220125, all situated in Section 18, Township 23 North, Range 5 East, W.M., in King
County, Washington, described as follows:
Instrument Number: 20220321001185 Document:AG Rec: $224.50 Page-7 of 22
Record Date:3/21/2022 2:41 PM King County, WA
Margin T 75 -31M,
ntilce
Street;
Thence South 88"40'50" East 108.61 feet along said North margin to the True Point of
Beginning;
(Now known as Lot 2 of City of Renton Lot Line Adjustment No. LUA-99-089-LLA, recorded
under ► No. 20000111900006).
OEM
Instrument Number: 20220321001185 Document:AG Rec: $224.50 Page-8 of 22
Record Date:3/21/2022 2:41 PM King County, WA
EXHIBIT A
PARCEL 182305-9071
MARGIN OF RAINIER AVENUE SOUTH,
THENCE SOUTH 88* 17'19"EASTALONG THE NORTH LINE OF SAID LOT 2,19.33 FEET;
THENCE SOUTHERLY ON A CURVE TO THE LEFT WHOSE CENTER BEARS NO 89* 52'51'EAST 676.50
THENCE NORTH 6 ® 17' 19" WEST ALONG SAID SOUTH LINE, 19.59 FEET TO SAID EASTERLY MARGIN OF
MARGIN
CONTAINING 339 SQUARE FEET, MORE OR LESS.
(PER RANI TITLE COMPANY ORDER NO. 798553, DATED AUGUST 24„ 2I121)
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Instrument Number: 20220321001185 Document:AG Rec: $224.50 Page-9 of 22
Record Date:3/21/2022 2:41 PM King County, WA
SE 1/4, SEC. 18, T. 23 N, R. 5 E, W.M.
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Cni U) TAX LOT NUMBER
R
' 182305--9087
40
POB: $W COR LOT 1, LLA-010--82
I
N.T.S.
PROPERTY LINE
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TAX LOT NUMBER
LO 11
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RIGHT OF WAY 182305-9071
AREA 389 S.F.±
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38015 �l 7
?NAP, LAWN"
DATE: APRIL 16, 2020
EXHIBIT
PARCEL 182305-9071
RIGHT OF WAY ACQUISITION
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Instrument Number: 20220321001185 Document:AG Rec: $224.50 Page-10 of 22
Record Date:3/21/2022 2:41 PM King County, WA
EXHIBIT A
PARCEL NO. 060-720-019.9
CONTAINING 1,196 SQUARE FEET, MORE OR LESS.
PARCEL"A":
(PER RAINIER TITLE COMPANY ORDER NO. 798553, DATED Ad. GUST24, 2021)
THROUGH A CENTRAL ANGLE OF 06'15'45";
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Instrument Number: 20220321001185 Document:AG Rec: $224.50 Page-11 of 22
Record Date:3/21/2022 2:41 PM King County, WA
TAX LOT NUMBER
000720-0199
La
5 2I
RIGHT OF 0
AREA WAY = 1196 S.F`E
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I
N.T.S.
LLJ
0-
TAX LOT NUMBER
000720-0004
L _LLISTING RIGHT 12H 0 F WAY 88 38�1 .�_ V W
S 3RD ST
Instrument Number: 20220321001185 Document:AG Rec: $224.50 Page-12 of 22
Record Date:3/21/2022 2:41 PM King County, WA
EXHIBIT A
PARCEL NO. 06-07-20-0004
THAT PORTION OF THE HEREINAFTER DESCRIBED PARC ELA", DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 'A", SAID CORNER ALSO BEING ON THE
NORTHERLY MARGIN OF SOUTH 3RD STREET;
THENCE NORTH 01'21'41"EAST ALONG THE WEESTLINE OF SAID PARCEL -A-, 11.00 FEET TO A LINE THAT
IS 41.00FEET NORTHERLY OF AND PARALLEL WITH rHECENTERLINE OF SAID SOUTH 3RDSTREET;
THENCE SOUTH 88'38'19"EAST ALONG SAID PARALLEL LINE, 28.63FEET;
THENCE SOUTH 63® 09'04" EAST, 115.03 FEET TO SAID NORTHERLY MARGIN OF SOUTH 3RD STREET,
THENCE NORTH 88* 38'19" WESTALONG SAID NORTHERLY MARGIN OF SOUTH 3R[) STREET, 143.13 FEET
TO THE POINT OF BEGINNING.
CONTAINING 945 SQUARE FEET, MORE OR LESS.
PARCEL A":
(i—EWR—AINIER TITLE COMPANY ORDER NO. 798553, DATED AUGUST 24, 2021)
LOT C, CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA.-03-090-LLA, RECORDED UNDER RECORDING
NUMBER 20031117900011, RECORDS OF KING COUNTY,' WASHINGTON.
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50 ROWDOCX Page 1 of I
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Instrument Number: 20220321001185 Document:AG Rec: $224.50 Page-13 of 22
Record Date:3/21/2022 2:41 PM King County, WA
TAX LOT NUMBER
000720-0199
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Im
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w
25
ro PC,
0
TAX LOT NUMBER,
000720-0004
RIGHT OF WAY
AREA
M
--r - EXISTING RIGHT OF WE_L_ _N_88-3VjV_W
S 3RD ST
EXHIBIT A
PARCEL 000720-0004
RIGHT OF WAY ACQUISITION
111APAI
Instrument Number: 20220321001185 Document:AG Rec: $224.50 Page-14 of 22
Record Date:3/21/2022 2:41 PM King County, WA
THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "Ai , DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 1 PER CITY OF RENTON LOT LINE ADJUSTMENT NO.
LLA-010-2 RECORDED UNDER KING COUNTY RECORDING NUMBER 2.11 9011, SAID CORNER ALSO
BEING THE NORTHWEST CORNER OF LOT 2 OF SAID LOT LINE ADJUSTMENT THAT AB ITS THE EASTERLY
MARGIN OF RAINIER AVENUE SOUTH;
THENCE SOUTH 66" 17' 1 " ST ALONG THE NORTH LINE OF SAID LOT 2, 19.,33 FEET TO THE TRUE POINT
OF BEGINNING, -
THENCE SOUTHERLY ON CURVE TO THE LEFT WHOSE CENTER BEARS NORTH 69° 2' 51"EAST; 676.50
FEET, AN ARC DISTANCE OF 20.02 FEET TO THE SOUTH LINE OF SAID LOT 2;
THENCE SOUTH 6e3° 17' 19" EAST ALONG SAID SOUTH LINE OF LOT 2, 10.02 FEET,
THENCE NORTHERLY ON A CURIE TO THE RIGHT WHOSE CENTER BEARS NORTH 66" 07` 55" EAST, 666.50
FEET, AN ARC DISTANCE OF 10.02 FEET,
THENCE NORTH 66° 17' 19" WEST, 6.01 FEET;
THENCE NORTHERLY ON A CURVE TO THE RIGHT WHOSE CENTER BEARS NORTH 69" 01' 02'° EAST; 672.50
FEET, AN ARC DISTANCE OF 10.01 FEET TO SAID NORTH LINE OF LOT 2;
THENCE NORTH 66° 17'19"WESTALONG SAID NORTH LINE OF LOT 2, 4.00 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINING 140 SQUARE FEET, MORE OR LESS.
PARCEL A'.
(PER RAINIER TITLE COMPANY ORDER NO. 798553, DATED AUGUST 24, 021)
2 ES T.DOCX Page 1 of 1
TACOMA- SFATTLLE
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Instrument Number: 20220321001185 Document:AG Rec: $224.50 Page-15 of 22
Record Date:3/21/2022 2:41 PM King County, WA
SE 1/4, SEC. 18, T. 23 N., R. 5 E, %M.
XI
Lo
40'
ROW
'I
I POB. SW COR LOT 1, UA-010-82
4.00' R=672.50'
T
19.33' L--lOv'
Tp6B - - — PROPERTY LINE PERMANENT EASEMENT
2� AREA = 140 S.F±
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TAX LOT NUMBER
182305-9071
ROW ACQUIS1110N _PROPERTY LINE
10.02' R=666.50'
I
N.T.S.
'9--z&-zl
EXHIBIT B
PARCEL 182305-907il
PERMANENT EASEMENT
IN' %
VA-09% "I
Instrument Number: 20220321001185 Document:AG Rec: $224.50 Page-16 of 22
Record Date:3/21/2022 2:41 PM King County, WA
THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL A" LYING SOUTHERLY OF ALINE THAT IS
45.00FEETNORTHERLY OF AND PARALLEL WITH THE CENTERLINE OF SOUTH 3RD STREET AND
NORTHERLY OF ALINE THAT IS 41.00 FEET NORTHERLY OF AND PARALLEL WITH SAID CENTERLINE OF
SOUTH 3RD STREET,
(PER RAINIER TITLE COMPANY ORDER NO. 798553, DATED AUGUST 24, 2021)
r
THROUGH A -N
THENCE RADIALLY NORTH 64°15'13" WEST 30.00 FEET TO A POINT ON THE NORTHERLYMARGIN OF SAIL)
LAKE A VENUE;
THENCE NORTH 66" 1925" -ST 61.63 FEET,°
THENCE SOUTH 00'07"37" ST 169.91 FEET TO A POINT ON THE NORTH MARGIN OF SAID SOUTH 3RD
STREET;
THENCE SOUTH 63"40'50' ST 106.61 FEET ALONG SAID NORTH MARGIN TO THE TRUE- POINT OF
(NOW KNO AS LOT 2 OF CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA-99®069®LLA, RECORDED
UNDER RECORDING NO.
20000111900006).
49 ESMT.DOCX Page 1 of 1
'TACO.` A- SFATTLE
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Instrument Number: 20220321001185 Document:AG Rec: $224.50 Page-17 of 22
Record Date:3/21/2022 2:41 PM King County, WA
1.�
0
TAX LOT NUMBER
000720-0199
PERMANENT EASEMENT
108.92' AREA = 436 S.F.±
108.84
EXISTING RIGHT- -OFWAY -
ROW ACQUISION
09
EXISTING RIGHT OF 'SAY_j *L8 1 v -W
N 88
S 3RD ST
FIATFAMP! FOY17f,
EXHIBIT B
PARCEL 000720-0192
PERMANENT EASEMEN.
Instrument Number: 20220321001185 Document:AG Rec: $224.50 Page-18 of 22
Record Date:3/21/2022 2:41 PM King County, WA
EXHIBIT B
P,Lfv&CFL Va gum , tit
THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL -A7, DESCRIBED AS FOLLOWS:
13EGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 'A", SAID CORNER ALSO BEING ON THE
NORTHERLY MARGIN OF SOUTH 3RD STREET,
THENCE NORTH 01* 21'41"EAST ALONG THE WESTLINE OF SAID PARCEL 'A", 11.00FEET TOALINE THAT
IS 41.00 FEET NORTHERLY OF AND PARALLEL MTH THE CENTERLINE OFSAID SOUTH 3RD STREETAND
THE TRUE POINT OF BEGINNING;
THENCE SOUTH 88'38'19"EAST ALONG SAID PARALLEL LINE, 28.63 FEET;
THENCE SOUTH 63' 09' 04" EAST, 115.03 FEET TO SAID NORTHERLY MARGIN OF SOUTH 3RD STREET,
THENCE NORTH 06'50'56" EAST, 4.50 FEET;
THENCE NORTH 83'09'04"WEST, 110.01 FEET TO ALINE THAT IS 45.00 FEET" NORTHERLY OF AND
PARALLEL MTH SAID CENTERLINE OF SOUTH 3RD STREET;
THENCE NORTH 88'38'19"VVE-ST, 34.05 FEET TO SAID WEST LINE OF PARCEL 'A", -
THENCE SOUTH 01'21'41" WEST ALONG SAID WEST LINE OF PARCEL 'A", 4.00 FEET TO THE TRUE POINT
OF BEGINNING,
CONTAINING 632 SQUARE FEET, MORE OR LESS.
PARCEL'A":
TP—Efi-R—AINIER TITLE COMPANY ORDER NO, 798553, DATED AUGUST 24, 2021)
LOT C, CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA-03-090-LLA, RECORDED UNDER RECORDING
NUMBER 20031117900011, RECORDS OF KING COUNTY, WASHINGTON.
50 ESMT.DOCX Page I of I
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Instrument Number: 20220321001185 Document:AG Rec: $224.50 Page-19 of 22
Record Date:3/21/2022 2:41 PM King County, WA
EXHIBIT B
PARCEL 000720-0004,
PERMANENT
Instrument Number: 20220321001185 Document:AG Rec: $224.50 Page-20 of 22
Record Date:3/21/2022 2:41 PM King County, WA
SE 1/4, SEC. 18, T. 23 N, R. 5 E, W.M.
14-
Of �1
C-1)
ZI z
r-- rz
V)1 Cn
40'
ROW
--
W
U-j
< R=672.5(
Qf PERMANENT ESMT L=10.01'
W
I
N.T.S.
TEMPORARY CONSTRUCTION EASEMENT
AREA = 340 S.F±
20.01
:z
ROW ACQUISITION
Cr
cr-1 1 -6.01'1
It
R=666.50'
L=1 H2'
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DATE: JUNE 18, 2020
Interdisciplinary Design
3131 Eft 12r: :kV Ave T WAS
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(D
C)
6TAX LOT NUMBER
182305-9071
I
EXHIBIT C
PARCEL 182305-9071
TEMPORARY CONSTRUCTION EASEMENT
Instrument Number: 20220321001185 Document:AG Rec: $224.50 Page-21 of 22
Record Date:3/21/2022 2:41 PM King County, WA
CD
CD
ROW ACQUIS11
PERMANENT
C'
C)
Cr
EXISEXISTING RIGHT OF WAY �
S 3RD
0MARRIM11
JW4, SEC. 18, T 23 N., R. 5 E., VIVI,
lllkljwg�
MT
49.44' 5 00'
0.92
ON EXISTING RIGHT -OFWAY------
- N 8838'19" W
T
. . . . . . . . . .
EXHIBIT C
PARCEL 000720-0199
TEMPORARY CONSTRUCTION EASEMENT
-fl-6f- -2� ---
Instrument Number: 20220321001185 Document:AG Rec: $224.50 Page-22 of 22
Record Date:3/21/2022 2:41 PM King County, WA
-SE 1/4, SEC. 18, T. 23 N., R. 5 E., W.M.
DATE: JUNE 23, 2020 FILE: 50.DWG
EXHIBIT Q
PARCEL 000720-0004
TEMPORARY CONSTRUCTION EASEMENT