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Home My WebLink AboutE 20171220001182 TITLE I 4,65 " After recording return document to: City Clerk lino I Inn 11111 City of Renton 1055 S. Grady Way 20171220001182 Renton, WA 98057-3232 EASEMENT Rec:$85.00 12/20/2017 3:31 PM KING COUNTY,WA DOCUMENT TITLE: Sewer 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', 'B', and 'D' (Pages 9, 10, and 12) ASSESSOR'S TAX PARCEL NO(S): 3224059081 and 3224059109 X not yet assigned/segregated SEWER EASEMENT This Sewer Easement, dated DP.,Cigiv1 b,f/ ' Ith , 201_2, 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 Sewer 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, exclusive easement for a private sanitary sewer line with necessary appurtenances over, under, through, across, and upon a portion of Grantor's real property commonly known as Lot 3 of City of Renton Lot Line Adjustment LUA-17-000470, King County Recording No. 20171130900003("Grantor's Property") for the benefit of Grantee's real property commonly known as Lot 1 of City of Renton Lot Line Adjustment LUA-17-000470, King 1 EXCISE TAX NOT REQUIRED County Recording No. 20171130900003 ("Grantee's Property"). Grantor's Property is legally described in EXHIBIT A, and Grantee's Property is legally described in EXHIBIT D, both of which are attached hereto and made a part hereof by this reference. The easement granted herein is located within a fifteen-foot (15') wide strip of land running along the south portion of Grantor's Property from the point of the sewer stub on the Eastpoint Shores Condo property to Grantee's Property (the "Sewer Easement Area"). The location of the Sewer Easement Area is more particularly described in EXHIBIT B and depicted in EXHIBIT C, which are attached hereto and made a part hereof by this reference. The owner of Grantee's Property, and its agents and contractors, shall have the right to enter the Sewer Easement Area from time to time with the equipment necessary to perform work to construct, reconstruct, install, repair, replace, enlarge, improve, operate, or maintain sanitary sewer line and associated improvements in the Sewer Easement Area ("Work"); provided that (1) except in the case of emergency, no fewer than fourteen (14) days prior to the commencement of any Work, the City receives written notice of the Work; (2) any and all required federal, state, and/or local permits are obtained prior to commencement of the Work; and (3) all Work complies with applicable City of Renton standards and requirements. All Work shall be performed lien-free and in accordance with applicable laws and legal requirements. 2. Limitations: A. The easement granted herein is limited to the purpose of constructing, reconstructing, installing, repairing, replacing, enlarging, improving, operating, and maintaining a sanitary sewer, and necessary appurtenances, to serve the Grantee's Property. B. Should Grantee's Property, if and/or when developed, connect to a sanitary sewer on the west side of Grantee's Property at or around Lake Washington Boulevard North, Grantee expressly and irrevocably agrees that this easement is terminated effective upon the date of such sewer connection. Grantee shall notify Grantor upon the issuance of a building permit for Grantee's Property that this easement is anticipated to terminate. Grantee further expressly and irrevocably agrees to deliver to Grantor a Release of Easement within thirty (30) days of the effective date of the easement's termination. The Release of Easement shall be in a form approved by Grantor, and recorded at Grantor's expense. C. Grantee shall, upon completion of any Work within the Sewer Easement Area, restore the surface of the easement, and any improvements disturbed or destroyed during the Work, as nearly as practicable to the condition they were in immediately before commencement of the entry by Grantee. D. Grantor shall retain the right to use the surface of the Sewer Easement Area as long as such use does not interfere with the easement rights granted herein to the Grantee. 2 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 Sewer 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 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 Sewer 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 PO Box 402, Fall City, WA 98024. 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 Sewer 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 Sewer Easement shall be governed by and construed in accordance with the laws of the State of Washington. 3 / /,/IN WITN HEREO/F,, saidaiGrantor has caused this instrument to be executed this d TZ1ay of 1.,-et;err, , 20 ( 7 . GRANTOR: CITY OF RENTON, a Washington municipal corporation By: Denis Law, Mayor Attest Approved as to Legal Form I Jaso A. Set Shane A. Moloney City lerk Renton City Attorney 4! RFq, GRANTEES: ;!* SEAL 111:1 h Gregory{/M. Fawcett //''/ O�q QED SEO.os`,1 Sabra S. Fawcett ,c,Rt.ce.7GQNt George A. Fawcett 4 STATE OF WASHINGTON ) SS COUNTY OF OM ) On this I day of , 20 l 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. \\\‘‘‘‘‘‘‘‘111,,111/ \\‘\‘‘\\t1111,, w voRA J. 11;1 �5siani+n, 4 � i /t,Signature of Notary) 1-4rr s ?°T A'P4. '7^� i 3tr4 l G4 L'C r N 1% .off 3 0c, "z(Psint or stamp name of Notary) // I' ,'h 6.19 /// �F-,4"I�t 9m.1"'' 9am,-ROTARY PUBLIC in and for the State of , �;WASNo��-- Washington, residing at R-e.,K.iftry\-, My Appointment Expires: (0-(/ -2-0)/ Notary seal,text and all notations must be inside 1"margins 5 STATE OF WASHINGTON ) ) SS COUNTY OF_f`�1 ) On this day of 'QC ,2 , 20 17 , 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.THOMPSQN NOTARY PUBLIC ' STATE OF WASHINGTON /��7 r COMMISSION EXPIRES ( / r APRIL 19,2020 (Signatur of Notar (Print or stamp ThYlifft'il name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at e'ti/c..e-- 1 My Appointment Expires: 7 ( e, Notary seal,text and all notations must be inside 1"margins 6 STATE OF WASHINGTON ) SS COUNTY OF__ ) On this I -I day of bnA9117 , 20 17 , 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. RAINE E.THOMPSON NOTARY PUBLIC (Signatu of Nota STATE OF'WASHINGTON COMMISSION EXPIRES APRIL 19,2020 (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at ,f-?ir � My Appointment Expires: 1-/r19 2Q7 Notary seal,text and all notations must be inside 1"margins 7 STATE OF WASHINGTON ) ) SS COUNTY OF— Er— ) On this )1 day of tfttild9W. , 20 17 , 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 /r NOTARY PUBLIC ' STATE OF'P WASHINGTON (Signatur of Notar COM'JIS:CCN EXP PES 41( APRIL 19,20201 G ,Tht)4116))1 (Print or stamp name of Notary) NOTARY PUBLIC in and for the State f Washington, residing at Sett My Appointment Expires: V:-11— z�2t� Notary seal,text and all notations must be inside 1"margins 8 Exhibit 'A' Legal Description of Grantor's Property 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. 9 Exhibit 'B' Legal Description of Sewer Easement Area EXHIBIT B SEWER EASEMENT A PORTION OF LOT 3 OF CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA-17-000470,AS RECORDED NOVEMBER 30 , 2017, UNDER RECORDING NO. 20171130900003 RECORDS OF KING COUNTY AUDITOR, BEING A PORTION OF GOVERNMENT LOT 1 IN SECTION 32,TOWNSHIP 24 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF LOT 1, OF SAID CITY OF RENTON LOT LINE ADJUSTMENT, SAID POINT BEING COINCIDENT WITH EASTERLY MARGIN OF LAKE WASHINGTON BOULEVARD; THENCE SOUTH 77'10'35"EAST ALONG THE SOUTH LINE OF SAID LOT 1, 154.70 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 14'15'21" EAST,ALONG THE EAST LINE OF SAID LOT 1, 15.00 FEET; THENCE SOUTH 77°10'35" EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT 3, 55.88 FEET; THENCE SOUTH 12'49'25"WEST, 15.00 FEET TO THE SOUTH LINE OF SAID LOT 3; THENCE NORTH 77'10'35"WEST,ALONG SAID SOUTH LINE,56.26 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 841 SQUARE FEET MORE OR LESS. Bei-' ,,. , ,V. ..N:NN..v,tw ± % 4 -� -e W Asii4 d`_— , :1 .; f,8' i rA 49280 r, lir ' fib [A' 7 10 Exhibit 'C' EXHIBIT 'C" sFiNKR 1ASFNI ENT ill ' 1.P - P' ••"•••• Nitie N.T.S. LOT 3 LUA-17-000470 REC. NO. 20171130900003 LOT 1 LUA-17-000470 REC. NO. 20171130900003 POINT OF COMMENCEMENT T.P.O.B. •OBElo. TA 11111""'**•• ;gi 11 " PAt • 49290 1,•• /STSt.• 61.41.:CP 3 1)/09/17 ,^.4 2(.6`.4 PLA )ATE 11 .)cf/1 Exhibit 'D' 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. 12