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Home My WebLink AboutE 20180803001234Instrument Number: 20180803001234 Document:EAS Rec: 5104.00 Page -1 of 6 Record Date:8/3/2018 4:38 PM Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY PAUL JUNG, DEPUTY Return Address: City Clerk's Office City of Renton 1055 S Grady Way Renton, WA 98057 Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04) Document Title(s) (or transactions contained therein): Native Trail and Open Space Easement Reference Number(s) of Document(s) Assigned or Released: N/A Grantor(s): 1. Ryan Loken 2. 3. Grantee(s): 1. City of Renton 2. 3. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range): Parcel A of King County Superior Court Cause No. 02-2-05019-1 KNT, as recorded under Recording No.20040802000777 Additional legal is on page 2 of document. Assessor's Property Tax Parcel/Account Number(s): ❑ Not yet assigned 032305-9019 The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. 16117D001-ESMT-Native Trail Page 1 of 6 Instrument Number: 20180803001234 Document:EAS Rec: 5104.00 Page -2 of 6 Record Date:8/3/2018 4:38 PM King County, WA NATIVE TRAIL AND OPEN SPACE EASEMENT This Native Trail and Open Space Easement is hereby made by Ryan Loken, as his separate property ("Grantor"), for the benefit of City of Renton, a municipal corporation of the State of Washington ("Grantee"). WHEREAS, Grantor is the legal owner of that certain real property commonly known as Tax Parcel No. 032305-9019 (the "Grantor Property"), legally described as follows: Commencing at a point on the North line of government lot 1, a distance of 480 feet easterly of the Northwest corner thereof; Thence North 88° 37' 27" West, along said North line, a distance of 240 feet to the Point of Beginning; Thence continuing North 88° 37' 27" West, along said North line, a distance of 240 feet to the Northwest corner of said lot 1; Thence South 1 ` 24' 51" West, along the West line of said lot 1 a distance of 536 feet; Thence South 88 37' 27" East, parallel with the North line of said lot 1, a distance of 165 feet; Thence North 9 22' 44" East 541.27 feet to the Point of Beginning. AKA Parcel A of King County Superior Court Cause No. 02-2-05019-1 KNT, as recorded under Recording No. 20040802000777. Situate in King County, Washington. AND WHEREAS, Grantor wishes to grant a non-exclusive Native Trail and Open Space Easement for public trail usage and an open space dedication upon and across the Property; and WHEREAS, Grantee wishes to accept the Native Trail and Open Space Easement for the purpose of creating and maintaining a non -motorized public trail. NOW, THEREFORE, to provide for the conveyance of the Native Trail and Open Space Easement herein described, the parties agree as follows: 1. Grant of Easement: Grantor, for and in consideration of mutual benefits derived and/or other valuable consideration, the receipt and sufficiency of which are hereby acknowledged by both parties, does by these presents grant, bargain, sell, convey, and confirm unto Grantee and its successors and/or assigns, a perpetual non-exclusive, non -motorized Native Trail and Open Space Easement over a portion of the Grantor Property, said portion being legally described as follows (the "Easement Area"): see easement legal description and graphical depiction, both attached hereto and by this reference made a part hereof 2. Easement Construction Repair, and Maintenance: Grantee shall have the right, but not the obligation, at Grantee's own expense, to construct a pedestrian trail within the boundaries of the Native Trail and Open Space Easement. All costs associated with construction, maintenance, reconstruction, repairs, inspections, alterations, operations, upgrades, and removal of the surface improvements within the Easement Area shall be borne by Grantee. Grantee shall have the right to enter the Easement Area at any time for maintenance purposes, including to construct, inspect, repair, alter, modify, replace, and/or remove the surface of the Easement Area. Grantee's responsibilities under this paragraph shall become effective upon commencement of the pedestrian trail construction, and shall remain in effect for the Native Trail and Open Space Easement's duration. 16117D001-ESMT-Native Trail Page 2 of 6 Instrument Number: 20180803001234 Document:EAS Rec: 5104.00 Page -3 of 6 Record Date:8/3/2018 4:38 PM King County, WA 3. No Obstruction: Grantor and Grantee covenant that no structure(s) or obstruction(s), including fences, shall be erected over, upon or within the Easement Area. Once Grantee has constructed the pedestrian trail, no trees, bushes, or other shrubbery shall be planted in said pedestrian trail. 4. Covenant Running with the Land: This Easement shall be a covenant running with the land forever and shall be binding upon Grantor and Grantee and their respective heirs, successors, and/or assigns. The Grantor Property shall be held, used, leased, sold, and/or conveyed subject to the terms of this Native Trail and Open Space Easement. 5. Title: Grantor warrants that the Grantor has good title to the above property and warrants the Grantee title to and quiet enjoyment of the easement conveyed hereto. Grantee agrees to indemnify, defend, and hold Grantor and his heirs, successors, and assigns harmless from any and all liability associated with Grantee's, their licensees', or invitees' use, enjoyment, repair, or maintenance of the Easement Area. In any suit or other proceeding brought by any of the parties to this Easement, arising out of, or pertaining to this Easement, the substantially prevailing party shall be entitled to recover its reasonable attorneys' fees and all costs and expenses from the substantially non -prevailing party, in addition to any other relief. Dated this J J day of GRANTOR Rya Loken Signat e GRANTEE City of Rent n Signature By Print= Name Its Mayor title Attest JoPZ_, asoyf A. Se ( , City Clerk 20�. *= SEAQ, =* /1 �"11,,0RA'ED SV? 6```�� 16117D001-ESMT-Native Trail Page 3 of 6 Instrument Number: 20180803001234 Document:EAS Rec: 5104.00 Page -4 of 6 Record Date:8/3/2018 4:38 PM King County, WA STATE OF WASHINGTON ) ) ss. COUNTY OF fUlL _ ) I certify that I know or have satisfactory evidence that Ryan Loken (is/are) the person(s) who appeared before me, and said person(s) acknowledged that (he/she/they) signed this instrument and acknowledged it to be (his/her/their) free and voluntary act for the uses and purposes mentioned in the instrument. Dated O� �aOTAR "I"', r i 6.1g.19 GAO //11 1 1 0P WASH\'I STATE OF WASHINGM�� ) ) ss. COUNTY OF KING ) Notary Pu lic in d for the State of Washington Printed Name Residing at: Appointment Expires: C I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the of the City of Renton to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated Notary Public in and for the State of Washington Printed Name Residing at: Appointment Expires: 16117D001-ESMT-Native Trail Page 4 of 6 Instrument Number: 20180803001234 Document:EAS Rec: 5104.00 Page -5 of 6 Record Date:8/3/2018 4:38 PM King County, WA EXHIBIT "_- LEGAL DESCRIPTION OPEN SPACE AREA That portion of Government Lot 1 in the Northeast quarter of the Northeast quarter of Section 03, Township 23 North, Range 05 East, Willamette Meridian, in King County, Washington, more particularly described as follows; BEGINNING at the Northwest corner of said Government Lot 1; THENCE South 88°37'22" East, 240.00 feet along the North line of said Government Lot 1; THENCE South 09°22'49" West, 100.99 feet; THENCE North 88°37'22" West, 196.01 feet to the East line of the West 30.00 feet of said Government Lot 1; THENCE South 01'24'56" West, 126.46 feet along said East line; THENCE South 88°37'22" East, 20.00 feet; THENCE South 21026'52" East, 281.59 feet; THENCE North 88037'22" West, 159.41 feet parallel with said North line to the West line of said Government Lot 1; THENCE North 01 °24'56" East, 486.00 feet along said West line to the POINT OF BEGINNING; Area described above containing approximately 54,270 square feet. Project Name: Loken April 23, 2018 Revised: June 6, 2018 Page 1 of 1 BY: TSL Ref. DWG: 1841EXH04-OPEN SPACE.dwg Instrument Number: 20180803001234 Document:EAS Rec: 5104.00 Page -6 of 6 Record Date:8/3/2018 4:38 PM King County, WA EXHIBIT 116 11 NW COR. "7" S8837'22"E 240.00' GOV. LOT. 1 (P.O.B.) i N88'37'22"W 196.01' z�j j� APN �.. N N 032305-9019 cc a S88'37'22"E u� i 20.00' N � MENT LOT T - - - - APN 032305-9317 O / Z o / OPEN SPACE / - 54,270 S.F.f / w a / z' OfUj N� w z / � 1488-37'22-W 159.41' / W A $yid 50.0' / eon ----- — --L/ ------ a Alipp- -N- P.O.B.= POINT OF BEGINNING 45789 0 �� Ji� FO/SlE �A ( L NNO DATE SIGNED 6/6/2018 SCALE: For: HORIZONTAL 1"=100' VERTICAL N/A fL ,LAND SURVEYING, INC. �25510 74TH AVE S T1tl®: KENT, WA 98092 �� PHONE: (253) 653-6423 FAX: (253) 793-1616 WWW,LANKTREELANDSURVEYING. COM DESIGNED XXX IDRAWN TSL CHECKED GRAPHIC SCALE 0 50 100 200 I" = 100 FEET JOB NUMBER RYAN 1841 L O K E N 1841 L.003. DOC SHEET OPEN SPACE DATE 1 Of 1