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HomeMy WebLinkAboutE 20240321000003Instrument Number: 20240321000003 Document:EAS Rec: 5308.50 Page-1 of 6 Record Date:3/21/2024 8:21 AM Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY JEZEBEL ST. JOHN, DEPUTY After recording return document to: City of Renton City Clerk's Office 1055 South Grady Way Renton, WA 98057 PLEASEMAKE No MARK IN T-HEMARGINSPACE -REg-E3'�=-P-ORCOLT,'rrYRZ-CQRDI-:R'S USE Grantor(s): 2017-2 111 BORROWER LP Grantee(s): City of Renton 9MM7-77? M-7 MUMI'M LIP, ("Grantor"), and the City of Renton, a municipal corporation ("City" or "Grantee"), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, as the owner of that certain real property legally described on Exhibit "A" — Entire Parcel ("Property"), attached hereto and incorporated by this reference, does hereby grant to the City, a temporary nonexclusive easement for side sewer tee construction and any and all purposes incidental to said constriction, in, on, over, through and across the Property described on Exhibit "A" (Easement "Area") and depicted on Exhibit "B". which are attached hereto and incorporated by this reference, for the purpose of replacing the existing side sewer tee that connects to the existing sewer main: protecting existing public and private improvements in the immediate vicinity of the Project area; repairing, restoring and/or reestablishing any improvements disturbed, as practicable (e.g. — 'large mature plants may be replaced with smaller younger plants), while undertaking the Project activities described al�ove. Grantor shall retain the right to use the Easement Area provided that such use by Grantor does not interfere with Grantee's rights hereunder. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee andl'or its contractors shall provide minimum forty-eight (48) hours Page I of ( 6 -) Pages Parcel' o. 7809200060 Instrument Number: 20240321000003 Document:EAS Rec: S308.50 Page-2 of 6 Record Date:3/21/2024 8:21 AM King County, WA PLEASE MAKE NO MARK LN TJjE klARGEN SPACE - RESERVED FOR COLTI"I-IR=,COR-'.)-'R'SU-£EOrLY notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically ten-ninate no later than December 31, 2026. The Grantee agrees to hold harmless, indemnify and defend, with counsel of its sole reasonable choice, the Grantor from and against any and all claims', losses or liability. for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee's rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers'. agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee's activities authorized by this Construction Easement, provided. however. that: (a) The Grantee's obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the misconduct or negligence of the Grantor: and (b) The Grantee's obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). Grantee shall, upon completion of the Project within the Easement Area, restore the fib v_DsiE__ur_n_LAxe_ _�a� by or destroyed during the execution of the Project activities, as practicable, (e.g. — large mature plants may be replaced with smaller younger plants), while undertaking the Project activities described above to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed, This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above -described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. Upon Page 2 of ( 6 ) Pages Parcel No. '7809200060 PLEASE NLAKE NO MARK IN THE MARGIN SPACE -RESERVED FOR COUNTY RECOPDEIR'S USE ONLY Instrument Number: 20240321000003 Document:EAS Rec: 5308.50 Page-3 of 6 Record Date:3/21/2024 8:21 AM King County, WA PLEASE MAKE NO MARK IN THE MARGIN SPACE - 5ESERVTD1 FOR COL?L"PY RFC€3RDEWS USE ONLY. completion of the Project, sole ownership and responsibility of the side sewer is heresy transferred to the Grantor. [td: �Q 4 0y Its limited partnership Borrower L.P. and 2014Borrower a me). (Title): V40- CORPORA TE ACILVOWLEDGAIElYT STATE OF ss. COUNTY OF J I certify that I know or have satisfactory evidence that - C is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the * , to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this % � day of 20 SAk (SEAL,) ��Ei��ts�dssatteaa�e ,�eline s NOTARY PUB LIO ° Page 3 of ( 6 ) Pages Parcel No, 7809200060 PLEASE MAKE NO MAMK IN F FIE MARG4N' SP ACE - RESERVED FOR COU'tMY RECOPUD°S USE ONLY Instrument Number: 20240321000003 Document:EAS Rec: S308.50 Page-4 of 6 Record Date:3/21/2024 8:21 AM King County, WA PLEASE aeA_C NC IMARi , IN THE NiARGiN SPACE -RESERVED FOR C0tWrY RE'CGRTER'S USE ONLY Accepted and Approved { PLEASE NlAkE NO MARK IN T HE MARGIN SPACE - SER'VTD FOR CCS'JNrY RECORDER'S USE ONTLY Instrument Number: 20240321000003 Document:EAS Rec: 5308.50 Page-5 of 6 Record Date:3/21/2024 8:21 AM King County, WA PLEASE %LAkE NC MARK WTHE MARGIN SPACE -RE-SER'vTD FOR COUN-EY RECORDER'S USE ONLY EXHIBIT "A" ENTIRE PARCEL TEMPORARY CONSTRUCTION EASEMENT LEGAL DESCRIPTION Legal Description: THE LAND REFERED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF KING, STATE OF WASHINGTON, AND IS DESCRIBED AS FOLLOWS: LOT(S) 12, SKYLAND HEIGHTS NO. 2, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 60 OF PLATS, PAGE(S) 2, IN KING COUNTY, WASHINGTON. TOGETHER WITH THAT PORTION OF LOT` 13 IN SAID PLAT LYING NORTH OF THE NORTH LINE OF SAID LOT 13 AS EXTENDED WEST IN A STRAIGHT LINE FROM THE NORTHEAST CORNER OF SAID LOT 13 TO ITS POINT OF INTERSECTION WITH THE WEST LINE OF SAID LOT 13. Page 5 of ( 6 ) Pages PLEASE MAKE NO MARK IN THE MARGIN SPACE - DMERVED FOP COUNTY RECORDER'S USE ONLY Instrument Number: 20240321000003 Document:EAS Rec: S308.50 Page-6 of 6 Record Date:3/21/2024 8:21 AM King County, WA � 0K G&)0EM1M=GR 12, SKI ND ® HEIGHTS NO. EXISTING -TEE PER EA. 'TO E REP CED N 40 20 0 40 ., 6 o 6 . Pages