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Home My WebLink AboutE 20171220001184 CW TITLE . 00/55 After recording return document to: City City of Renton 111111111111 UI II III UI I II ILl UI II 1055 S. Grady Way Renton, WA 98057-3232 20171220001184 EASEMENT Rec:$83,00 12/20/2017 3.31 PM KING COUNTY,WA DOCUMENT TITLE: Drainage Easement REFERENCE NO. OF DOCUMENT(S) ASSIGNED OR RELEASED: N/A GRANTOR(S): 1. City of Renton, a Washington municipal corporation GRANTEE(S): 1. Gregory M. Fawcett 2. Sabra S. Fawcett 3. George A. Fawcett ABBREVIATED LEGAL DESCRIPTION: Lot 1 and Lot 3 of City of Renton Lot Line Adjustment No. LUA-17-000470, Rec. No. 20171130900003, Rcds. of King County, WA. ADDITIONAL LEGAL DESCRIPTION ON PAGE(S): Exhibits 'A' and 'B' (Pages 9 and 10) ASSESSOR'S TAX PARCEL NO(S): 3224059081 and 3224059109 X not yet assigned/segregated DRAINAGE EASEMENT This Drainage Easement, dated `JJ'@ern bye J pi) , 201 3, is made by and between the City of Renton, a Washington Municipal corporation ("Grantor") and Gregory M. Fawcett and Sabra S. Fawcett, husband and wife and George A. Fawcett,as his separate estate, as their interests may appear of record (collectively, "Grantee"). 1. Grant of Drainage Easement: For and in consideration of mutual benefits and other valuable consideration, the receipt of which is acknowledged, Grantor, does by these presents, grant unto Grantee, a perpetual non-exclusive easement for the limited purpose of allowing storm water runoff from impervious surface areas on Grantee's real property, commonly known as Lot 1 of City of Renton Lot Line Adjustment No. LUA-17-000470, King County Recording No. 20171130900003 ("Grantee's Property"), to flow to and over, under, upon and across Grantor's real property, commonly known as Lot 3 of City of Renton Lot Line Adjustment No. LUA-17- 1 EXCISE TAX NOT Division ,UIRED King �..I.. t�r - DIvis By. --1-.1eputY 000470, King County Recording No. 20171130900003("Grantor's Property"),as this is the natural discharge area. Hereinafter, Grantor's Property shall also be referred to as the "Easement Area." Grantee's Property is legally described in EXHIBIT A, and Grantor's Property/the Easement Area is legally described in EXHIBIT B, all of which are attached hereto and made a part hereof by this reference. 2. Limitations: A. The scope of grant herein is limited to accepting runoff from the allowable impervious surface area on Grantee's Property, as determined under the Renton Municipal Code at the time of building permit application for Grantee's Property. Grantee may not construct improvements on Grantor's Property and may not enter upon or alter any portion of the Easement Area without the prior written consent of Grantor. B. The scope of grant herein does not (1) restrict the City of Renton from regulating the manner of runoff allowed to flow from Grantee's Property onto the Easement Area; (2) include any right to unnaturally collect and divert water onto the Easement Area; or (3) include any right to injuriously increase the rate of runoff or its speed onto the Easement Area. C. Grantor shall retain the right to use the Easement Area as long as such use does not interfere with the easement rights granted herein to the Grantee. 3. Indemnification: Grantee agrees to release, defend, indemnify and hold Grantor, Grantor's members, partners, directors, officers, employees, agents, servants and representatives, and each of their respective successors and assigns, (collectively the "Grantor Indemnitees") harmless from and against any and all claims, liens, demands, actions, costs, losses, expenses, harm, damages and liability (including but not limited to attorney fees) of any kind or character to the extent asserted or to the extent arising directly from, on account of, or in connection with: (a) Grantee's (and its respective agents, servants, employees, consultants, contractors, subcontractors (of all tiers), representatives, licensees, invitees or visitors) negligent exercise of(or negligent failure to exercise)the rights, benefits and privileges granted to Grantee by this Drainage Easement, or(b) the intentional and wrongful acts or omissions of Grantee (and its respective agents, servants, employees, consultants, contractors, subcontractors (of all tiers), representatives, licensees, invitees or visitors); provided, however, (x) nothing herein shall require Grantee to indemnify the Grantor Indemnitees for damages to the extent arising out of bodily injury to persons or damage to property caused by or resulting from the negligence or intentional wrongdoing of the Grantor Indemnitees, and (y) in the event such damages for bodily injury to persons or damage to property is caused by the concurrent negligence of the Grantee and the Grantor Indemnitees, then the Grantee's obligation to indemnify is enforceable only to the extent of Grantee's negligence. Without limiting the generality of the foregoing, Grantee hereby waives any immunity, defense or other protection that may be afforded by any worker's 2 r ' compensation, industrial insurance or similar laws (including but not limited to, the Washington Industrial Insurance Act,Title 51 of the Revised Code of Washington). 4. Covenant Running With Land: The rights contained within this Drainage Easement, touch and concern and shall run with the land and inure to, and be for the benefit of, Grantor and Grantee, their successors and assigns. 5. Notice: Grantor's address is City of Renton, Public Works Department, Surface Water Utility, 1055 S. Grady Way, Renton, WA 98057-3232, and Grantee's address is the postal address assigned to Grantee's Property by the Postmaster of the U.S. Postal Service (or such other authority as may hereafter assign postal addresses or their equivalent to real property). Either party may serve written notice of a change of address with the other. All notices shall be sent by certified mail, return receipt requested, to the addresses provided in this paragraph and shall be deemed given when placed in the United States Postal Service mail. 6. Attorneys' Fees: In the event of any litigation, arbitration or other proceeding arising out of or brought to enforce or interpret this Drainage Easement, the substantially prevailing party therein shall be entitled to an award of its reasonable attorneys' fees and costs incurred therein, in the preparation therefor, and on any appeal or rehearing thereof. 7. Governing Law: This Drainage Easement shall be governed by and construed in accordance with the laws of the State of Washington. a IN WITNES WHEREOF, said Grantor has caused this instrument to be executed this day of I -(ZA-A , 20 17 . GRANTOR: ``\`��Uun+i�i��p��' RENT CITY OF RENTON, a Washington municipal corporation 141:i dr. s * By: 41— Denis Law, Mayor op i� 'PoRATEO 46:\`;\`. Attest Approved as to Legal Form 7 r1 ` i 16 Ja i n A. Se' Shane A. Moloney Ci� Clerk Renton City Attorney 3 f ' GRANTEES: thori,u4 Gregory M. Fawcett Sabra S. Fawcett eve George A. Fawcett 4 STATE OF WASHINGTON SS COUNTY OF On this /c< day of D t41 " , 20 / 7 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared DENIS LAW to me known to be the person(s) who signed as THE MAYOR of CITY OF RENTON, the Washington municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be his free and voluntary act and deed and the free and voluntary act and deed of said Washington municipal corporation for the uses and purposes therein mentioned; and on oath stated that he was authorized to execute the said instrument on behalf of said Washington municipal corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. 1 a4ctA .t' r�� (Signature of Nota 1,,...,�„ttll, �,p si ( g ) cor,z`;1"g\ON£ o�i /// Ct J • 4 sO.17 if��\2OARl• ,��''; �i�� I� ”' ' •• Print or stamp name of Notary) 080 0 :411,11r19" ' ( ..77-NOTARY PUBLIC in and for the State of i///11t�0;WAS - Washington, residing at 7 fiUw My Appointment Expires: b-11 t Notary seal,text and all notations must be inside 1"margins 5 STATE OF WASHINGTON SS COUNTY OF PI ) On this I ki day of t.P.t e4itJ2t►' , 201-7 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared GREGORY M. FAWCETT to me known to be the person(s) who executed the within and foregoing instrument, and acknowledged said instrument to be his free and voluntary act and deed for the uses and purposes therein mentioned. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. RAINE E.THOMPSON r NOTARY PUBLIC STATE OF WASHINGTON .t (Signature f Notary) CO I CNK EXPIRES APRIL 1 2020 f4,41 , "/170)1,7'1)4 (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at z - My Appointment Expires: (7-1/—IP 72) Notary seal,text and all notations must be inside 1"margins 6 STATE OF WASHINGTON ) SS COUNTY OF ) On this 1 q day of WC111d , 2017 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared SABRA S. FAWCETT, to me known to be the person(s) who executed the within and foregoing instrument, and acknowledged said instrument to be her free and voluntary act and deed for the uses and purposes therein mentioned. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. RAINS E.THOMPSON NOTARY PUBLIC , STATE OF'WASHINGTON (Signature Jof Notary) COMMISSION EXPIRES APRIL 19,202 � Atitr..Theivfitn (Print or stamp name of Notary) NOTARY PUBLIC in and fore State of Washington, residing at My Appointment Expires: ti—M--2 2 ) Notary seal,text and all notations must be inside 1"margins 7 STATE OF WASHINGTON ) SS COUNTY OF On this 1 LI day of tC.Cemvi , 201 7 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared GEORGE A. FAWCETT, to me known to be the person who executed the within and foregoing instrument, and acknowledged said instrument to be his free and voluntary act and deed for the uses and purposes therein mentioned. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. RAINE E.THOMPSON NOTARY PUBLIC S (Signature f Notary) 7hOM Z1V) (Print or stamp name of Notary) NOTARY PUBLIC in and for thee�S"tate of Washington, residing at c !� My Appointment Expires: Notary seal,text and all notations must be inside 1"margins 8 Exhibit 'A' Legal Description of Grantee's Property LOT 1 OF CITY OF RENTON LOT LINE ADJUSTMENT FILE NO. LUA-17-000470, RECORDED ON THE 30TH DAY OF NOVEMBER 2017, UNDER RECORDING NO. 20171130900003. SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. 9 Exhibit 'B' Legal Description of Grantor's Property/The Easement Area LOT 3 OF CITY OF RENTON LOT LINE ADJUSTMENT FILE NO. LUA-17-000470, RECORDED ON THE 30TH DAY OF NOVEMBER 2017, UNDER RECORDING NO. 20171130900003. SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. 10