Loading...
HomeMy WebLinkAboutA 20140522001797 Ft_STA RICAN_ RECORDING REQUESTED BY AND 11 111111111111111 WHEN RECORDED RETURN TO: City Clerk 20140522001797 FIRST AME City of Renton PAGE-001 OF 017 5/ 014 1055 S. Grady Way KINGZCOUNTY, WA9 9 Renton, Washington 98057 EASEMENT AGREEMENT GRANTOR: Colpitts Sunset, LLC, a Washington limited liability company GRANTEES: 1. City of Renton, a Washington municipal corporation 2. King County Rural Library District d/b/a King County Library System Legal Description: Abbreviated form: LOT A OF THE CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA- 13-001114, AS RECORDED UNDER RECORDING NUMBER 20131002900011 IN VOLUME 302 OF SURVEYS,PAGES 162 AND 163,RECORDS OF KING COUNTY, WASHINGTON. Additional legal on page Exhibit C-1 Assessor's Property Tax Parcel ID No(s).: 722780-1065 and 722780-1075 Reference Numbers of Related Documents: 20140407001198 and 20131101000589 4608/002 04/21/14 access easement cshigley\colpitts\sunset terrace\renton psa\closing docs EXCISE TAX NOT REQUIRED ton.Co Records Dr.:!,:lort • • EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (the "Easement Agreement") is entered into as of May , 2014, by COLPITTS SUNSET, LLC, a Washington limited liability company ("Developer") in favor of CITY OF RENTON, a Washington municipal corporation, its successors and assigns ("City") and the KING COUNTY RURAL LIBRARY DISTRICT d/b/a KING COUNTY LIBRARY SYSTEM, its successors and assigns ("KCLS") with reference to the following facts: RECITALS A. Developer and City entered into that certain Real Estate Purchase and Sale Agreement dated October 28, 2013 (the "Purchase Agreement") whereby Developer agreed to sell, and City agreed to buy, certain real property located in the City of Renton, King County, Washington, and more particularly described in Exhibit A attached hereto and by this reference incorporated herein (the "Property"). City is purchasing the Property for re-development with a public library with one (1) level of underground parking (the "Library Parking" and together with the Library building, the "Library"). The Library will be operated by KCLS. Developer is the owner of the real property immediately to the southwest of the Property and more particularly described on Exhibit B attached hereto and by this reference incorporated (the "Developer Property"). Developer intends to redevelop the Developer Property with building of up to five (5) stories containing residential apartments and ground floor commercial space and two (2) levels of underground parking (the "Developer Parking" and together with the building, "Developer's Project"). Vehicular access to the Library Parking and the Developer Parking will be means of an approximately twenty-two (22) foot wide driveway and related improvements (collectively, the "Access Improvements") located on the Developer Property to be constructed by Developer after the date of this Easement Agreement. Pursuant to the Purchase Agreement, Developer agreed to grant City and Library a permanent non-exclusive access easement to use the Access Improvements to be constructed by Developer on the Developer Property to provide for vehicular access to and from the Library Parking and Sunset Lane N.E. B. Developer has requested that City complete the purchase of the Property prior to Developer's construction of the Access Improvements and City has agreed to purchase the Property prior to the completion of the Access Improvements on the express condition that, in addition to executing this Easement Agreement, the Parties enter into a Holdback Agreement of even date herewith (the "Holdback Agreement") pursuant to Section 8 of the Purchase Agreement whereby a portion of the Purchase Price otherwise payable to Developer be held by the Escrow Agent to hold and disburse following Closing to enable the City to pay for the cost of construction of the Access Improvements should Developer fail to commence or complete the construction of the Access Improvements in accordance with the requirements of the Purchase Agreement and the Holdback Agreement. C. Additionally, the parties have agreed to grant each other easements over their respective properties to perform construction and maintenance work with respect to the Library and the Developer's Project(as applicable). 4608/002 04/21/14 -1- access easement cshigley\colpitts\sunset terrace\renton psa\closing docs • NOW, THEREFORE, in consideration of the foregoing recitals, the terms and conditions set forth in the Purchase Agreement and the Holdback Agreement and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: AGREEMENT 1. Recitals Incorporated; Definitions. Each of the recitals set forth above is incorporated into this Easement Agreement as though fully set forth herein. All capitalized terms not otherwise defined herein shall have the same meaning as set forth in the Purchase Agreement or, if not defined therein, as defined in the Holdback Agreement. 2. Grant of Easements. a. Access Easement. Developer hereby makes, declares, sells, transfers, grants, conveys and warrants to City and Library for the benefit of the Property and the City, Library and their respective agents, employees, contractors, subcontractors, lessees, guests and invitees (collectively, the "City Parties") a twenty-two (22) foot wide permanent non-exclusive easement and right of way in, on, over, across and through that portion of the Developer Property legally described in Exhibit C-1 attached hereto and by this reference incorporated herein and shaded gray on the map attached hereto as Exhibit C-2 (the "Easement Area") for vehicular access to and from the Library Parking and Sunset Lane N.E. using the driveway and access ramps to be constructed by Developer on the Developer Property within the Easement Area pursuant to paragraph 3 below (the "Access Easement"). b. Construction and Maintenance Easement — Developer Project. The City and the Library hereby make, declare, sell, transfer, grant, convey and warrant to Developer for the benefit of the Developer Property and the Developer's agents, employees, contractors, subcontractors, lessees, guests and invitees (collectively, the "Developer Parties") permanent non-exclusive easement, on, over, across and through the northeasterly twenty-five feet (25') of the Property to perform work related to construction, repair or replacement of the Developer's Project including, without limitation, staging scaffolding, suspending platforms, baskets or other similar devices in the airspace over the Property from structures located on the Developer Property. Developer shall give the Library ten (10) days prior written notice before exercising its rights under this Section 2.b. c. Construction and Maintenance Easement - Library. Developer hereby makes, declares, sells, transfers, grants, conveys and warrants to the City and the Library for the benefit of the Property and the City's and the Library's agents, employees, contractors, subcontractors, lessees, guests and invitees (collectively, the "Library Parties") a permanent non- exclusive easement, on, over, across and through the southwesterly twenty-five feet (25') of the Developer Property to perform work related to construction, repair or replacement of the Library including, without limitation, staging scaffolding, suspending platforms, baskets or other similar devices in the airspace over the Developer Property from structures located on the Property. 4608/002 04/21/14 -2- access easement cshigley\colpitts\sunset terrace\renton psa\closing docs The City or Library (as applicable) shall give the Developer ten (10) days prior written notice before exercising its rights under this Section 2.c. 3. Construction of Access Improvements. The Easement Area is currently unimproved. Developer shall, at its sole cost and expense, construct the Access Improvements within the Easement Area in accordance with the Access Improvement Plans attached as Exhibit C to the Holdback Agreement and the requirements of the Purchase Agreement and the Holdback Agreement on or before a date that is no later than one hundred twenty (120) days prior to the anticipated substantial completion date for the Library. Developer shall secure, at its sole cost and expense, all building and other permits, licenses, permissions, consents and approvals required to construct the Access Improvements. The Access Improvements shall be constructed by Developer in a good and workmanlike manner, in substantial accordance with the Access Improvement Plans, free and clear of all liens and in compliance with all applicable legal requirements. All construction work once commenced shall be prosecuted diligently and continuously by Developer to completion. In the event that Developer fails to commence construction of the Access Improvements by two hundred ten (210) days prior to the anticipated substantial completion date for the Library, or fails to cause Final Completion of the Access Improvements on or before one hundred twenty (120) days prior to the anticipated substantial completion date for the Library, City or Library or their respective agents, contractors and employees shall have the right to enter onto the Easement Area and cause the construction of the Access Improvements in accordance with the provisions of the Holdback Agreement. Developer shall be responsible for payment of all costs to construct the Access Improvements, including all costs in excess of the Holdback Amount, if any. 4. Operation, Maintenance and Repair of Access Improvements. a. Operation. The Access Improvements shall be used by Developer, City, Library and each of their respective agents, employees, contractors, subcontractors, lessees, guests and invitees for vehicular ingress and egress to and from Sunset Lane N.E. and the parking areas located on the Property and the Developer Property. No permanent obstructions shall be placed within the Easement Area or the entrances or exits from each Party's parking area that would interfere with the free and uninterrupted flow of vehicular traffic to and from Sunset Lane N.E. and the parking areas located on the Property and the Developer Property. Developer and City shall mutually agree on the signage to be installed on the Property and the Developer Property adequate to inform members of the public of the location and means of access to and from the parking areas located on their respective properties and Sunset Lane N.E. The final design and choice of materials for such signs shall be subject to City's approval, which approval shall not be unreasonably withheld, conditioned or delayed. The lighting, graphics, signage, structural support characteristics and location of the Access Improvements shall not be materially changed from the as-built plans and specifications for the Access Improvements without the prior written approval of the City and the Library. b. Prohibited Uses. Developer shall not prevent or restrict use of the Access Improvements by vehicles attempting to enter or exit the Library Parking or do or authorize anything to be done in or about the Developer Project or the Access Improvements which will in 4608/002 04/21/14 -3- access easement cshigley\colpitts\sunset terrace\renton psa\closing docs • • any way obstruct or interfere with the rights of the parties to enter or exit the Library Parking from Sunset Lane N.E. utilizing the Access Improvements. Notwithstanding the foregoing, Developer in consultation and collaboration with the City and the Library, may control (i)vehicular ingress to the Developer Parking at all times, (ii) control vehicular ingress to the Access Improvements from Sunset Lane N.E. during hours when the Library is closed, (iii) or install security grills or gates to limit access to Developer Parking, so long as vehicles are free to exit the Library Parking onto Sunset Lane N.E. at all hours. c. Maintenance Requirements. Developer shall maintain the Access Improvements in first class order, condition, appearance and wear, in accordance with standards prevailing in comparable first class mixed-use developments in the City of Renton. As part of such maintenance obligation, Developer shall take all action and shall perform all structural and non-structural, foreseen and unforeseen, ordinary and extraordinary, maintenance and repairs (including, without limitation, all necessary repair, replacements and other work required following any damage, destruction or condemnation of the Developer Project or the Access Improvements) required to keep the Access Improvements in first class order, condition and repair, including any work required under applicable legal requirements, or any work required by any order of any court or other governmental agency with jurisdiction over the Developer Project or as a condition to the continued use of the Access Improvements. All repairs, replacements and renewals shall be substantially equal or superior in quality, materials and appearance to the original construction work. Neither the City nor the Library shall have any obligation to maintain, repair or rebuild all or any part of the Access Improvements. d. City Maintenance Notices. City and KCLS shall provide Developer written notice of any maintenance or repair required to the Access Improvements or of any default by Developer in the performance of its obligations under this Section 4. Developer shall have thirty (30) days after receipt of notice from City and KCLS detailing the need for maintenance or repair, to commence to perform its obligations under this Easement Agreement or, in the event Developer cannot commence performance within such thirty (30)-day period, deliver a detailed maintenance and/or repair plan within such time period together with a schedule for commencement and completion of the maintenance or repair work. Notwithstanding the foregoing, Developer shall perform its obligations as soon as possible if the nature of the problem presents a hazard, threat to public safety or emergency. Developer shall notify City and KCLS at least thirty (30) days in advance (except in case of emergency) of any temporary closure of all or any portion of the Access Improvements in connection with normal maintenance and in all other cases as soon as Developer becomes aware of the need for temporary closure of the Access Improvements. All work shall be scheduled and conducted in a manner to minimize closure of the Access Improvements during hours when the Library is open. e. Maintenance Costs. KCLS shall reimburse the Developer for fifty percent (50%) of all costs incurred by the Developer in performing any maintenance or repairs to the Access Improvements required hereunder. KCLS shall pay for its share of any maintenance costs within thirty (30) days after receipt of an invoice showing a total amount for such costs. 4608/002 04/21/14 -4- access easement cshigley\colpitts\sunsetterrace\renton psa\closing docs I i • • f. Temporary Closure. Notwithstanding anything herein to the contrary, Developer may from time-to-time upon thirty (30) days prior written notice (except in case of emergency) to the City and KCLS temporarily close the driveway in connection with construction or maintenance with respect to the Developer's Project. 5. Indemnification. Each party agrees to defend, indemnify and hold harmless the other parties and their successors and assigns from and against all claims, losses, liabilities and expenses (including attorneys' fees and court costs) incurred by or asserted against them or their successors and assigns as a result of any negligent or wrongful acts or maintenance and repair by the indemnifying party or its employees, agents, tenants, contractors, successors or assigns. 6. Damage or Destruction to Developer Project or Access Improvements. In the event the Developer Project or the Access Improvements shall be damaged or destroyed by fire or other casualty that renders the Access Improvements unusable, Developer shall, at its sole cost and expense, repair the Access Improvements in full compliance with all applicable legal requirements and to substantially the same condition, appearance, configuration and general utility as nearly as possible to that existing prior to such damage or destruction under then applicable building code, land use, zoning and other legal requirements (collectively, the "Restoration"). This Easement Agreement will remain in full force and effect and Developer shall commence and complete the Restoration with all commercially reasonable diligence and speed. Developer shall notify City and Library with the estimated dates of commencement and completion of construction of the Restoration as soon as such information is available. 7. Reservation of Rights. Developer, the City and KCLS each reserve for themselves and their respective successors and assigns the right to use the Developer Property and the Property (as applicable) subject to the easements granted hereunder and the remainder of each such property for any purpose. Developer, the City and KCLS each reserve the right to grant other persons easements and other rights in their respective property. 8. Self Help. If Developer defaults with respect to its obligations under Section 4 or Section 6 above, then the City may, upon thirty (30) days prior written notice to Developer, enter the Easement Area and perform such obligations on Developer's behalf and invoice Developer for fifty percent(50%) of the costs incurred by the City. 9. Insurance. Prior to exercising its rights under this Easement Agreement, each party shall obtain a commercial general liability insurance policy in an amount of at least Five Million Dollars ($5,000,000) in the general aggregate, and Two Million Dollars ($2,000,000)per occurrence naming the other party or parties (as applicable) additional insureds. The City shall be named as a Primary and Non-contributory additional insured, as specified by City policy. Such party shall deliver to the other party or parties (as applicable), prior to the exercise of its rights under this Easement Agreement, a certificate of insurance evidencing that the required insurance is in effect. All insurance policies required hereunder shall be maintained with an insurer with a current AM Best's Rating of at least "A-VIII" or an equivalent industry rating and shall contain coverage for all persons and operations, broad form property damage (including, to the extent available that specifically assumed herein). Any policy which provides the insurance 4608/002 04/21/14 -5- access easement cshigley\colpitts\sunset terrace\renton psa\closing docs I I required under this Section shall: (a) be endorsed to be primary to any insurance maintained by the other party or parties (as applicable); (b) shall contain a severability of interest provision in favor of the insured; and (c) contain a waiver of any rights of subrogation against the other party or parties (as applicable). The City is self-insured through the Washington Cities Insurance Authority and may provide equivalent coverage to that set forth in this Section 9. If KCLS is self-insured, it may provide equivalent coverage. 10. Miscellaneous. a. Captions. The captions and paragraph headings contained in this Easement Agreement are for convenience of reference only and in no way limit, describe, extend or define the scope or intent of this Easement Agreement, nor the intent of any of the provisions hereof. b. Amendments;Waivers. No modification or amendment of this Easement Agreement may be made except by written agreement or as otherwise may be provided in this Easement Agreement. No failure by City, Library or the Developer to insist upon the strict performance of any covenant, duty, agreement or condition of this Easement Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or any other covenant, agreement, term or condition. Any party hereto, by notice, may, but shall be under no obligation to, waive any of its rights or any conditions to its obligations hereunder, or any duty, obligation or covenant of any other party hereto. No waiver shall affect or alter this Easement Agreement and each and every covenant, agreement, term and condition of this Easement Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. c. No Partnership or Joint Venture. It is not intended by this Easement Agreement to, and nothing contained in this Easement Agreement shall, create any partnership, joint venture or other arrangement between the Developer, Library and City except that of parties to an easement. No term or provision of this Easement Agreement is intended to be, or shall be, for the benefit of any person, firm, organization or corporation not a party hereto, and no such other person, firm, organization or corporation shall have any right or cause of action hereunder. d. Time is of the Essence. Time is hereby expressly declared to be of the essence of this Easement Agreement and of each and every term, covenant, agreement condition and provision hereof. e. Easements Appurtenant to Property. This Easement Agreement constitutes a covenant running with the land affecting the Developer Property and the Property and shall be binding upon and inure to the benefit of the respective owners, and their successors and assigns f. Neutral Authorship. The language in all parts of this Easement Agreement shall be construed as a whole according to its fair meaning. No presumption or other rules of construction which would interpret the provisions of this Easement Agreement in favor of or 4608/002 04/21/14 -6- access easement cshigley\colpitts\sunset terrace\renton psa\closing docs • against the party preparing the same shall be applicable in connection with the construction or interpretation of any of the provisions of this Easement Agreement. g. Non Waiver of Governmental Rights. Nothing contained in this Easement Agreement shall require City to take any discretionary action relating to development of the improvements to be constructed on the Developer Property as part of the Developer Project, including, but not limited to, zoning and land use decisions, permitting, or any other governmental approvals or enforcement of fire or building codes or other requirements of law applicable to the Access Improvements. h. Attorneys' Fees. In the event it becomes necessary for any party to defend or institute legal proceedings as a result of the failure of either party to comply with the terms, covenants, agreements and/or conditions of this Easement Agreement, it is understood and agreed that the substantially prevailing party in such proceedings shall be entitled to be reimbursed by the substantially non-prevailing party for all costs incurred or expended in connection therewith, including, but not limited to, reasonable attorney's fees (including appellate fees) and court costs. i. Governing Law. This Easement Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Washington. In the event of any litigation to enforce or interpret the rights, duties and obligations of the parties set forth in this Easement Agreement, venue of any such legal action shall lie exclusively in King County Superior Court and the parties waive the right to file suit elsewhere. [Signature pages follow] 4608/002 04/21/14 -7- access easement cshigley\colpitts\sunset terrace\renton psa\closing docs IN WITNESS WHEREOF, Developer and City and Library have executed this Easement Agreement as of the date and year first set forth above. DEVELOPER: COLPITTS SUNSET, LLC, a Washington limited liability company By:Sunset Terrace Development LLC, a Washington limited liability company, its Manager By:Colpitts Development Company, LLC, a Washington limited liability company, its Manager ( Ridith Colpitts Nielsen, Manager STATE OF WASHINGTON ) )ss. COUNTY OF KING ) On this ,,C"'day of /14j ,2014,before me,the undersigned,a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared Judith Colpitts Nielsen,known to me to be the Manager of Colpitts Development Company, LLC, a Washington limited liability company, the Manager of Sunset Terrace Development LLC, a Washington limited liability company, the Manager of COLPITTS SUNSET, LLC, a Washington limited liability company, the limited liability company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the purposes therein mentioned, and on oath stated that she was authorized to execute said instrument. I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. WITNESS my hand and official seal heret affi d the day and yea 'n the certificate above written. •••\‘‘\\\111 j1 G lib(/ ‘Nitik S. // sY` \\\\\ "tit G / Signature 54 01714 6 - • - _' Print Name iOp OBO - NOTARY PUBLIC in and for the State of 44,4 13.1$ c f Washington,residing at ��,� ° My commission expires lila, W AS 1111\\\\������ 4608/002 04/21/14 -8- access easement cshigley\colpitts\sunsetterrace\renton psa\closing docs 1 Approved as to Form: CITY: OF A 16 CITY OF RENTON, a Washington :7-10PA / � municisal corporation IPPP City ttomey I`. , -i1141 Dennis Law, Mayor STATE OF WASHINGTON ) )ss. COUNTY OF KING ) Si On this o2/ day of 297 ,2014,before me,the undersigned,a Notary Public in and for the State of Washington,duly commised and sworn personally appeared Denis Law,known to me to be the Mayor of THE CITY OF RENTON, the municipal corporation that executed the foregoing instrument,and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation, for the purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. WITNESS my hand and official seal hereto affixed the day and year in the certificate above written. ' azz - Signature BOIIn/G ='. L)a l7Lo,i Print Name NOTARY PUBLIC in and for the State of Washington,residing at Re.nfOrt BONNIE I.WALTON My commission expires A- 9- ACV". NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES FEBRUARY 9,2018 4608/002 04/21/14 -9- access easement cshigley\colpitts\sunset terrace\renton psa\closing docs LIBRARY: KING COUNTY RURAL LIBRARY DISTRICT d/b/a KING COUNTY LIBRARY SYSTEM ' Bytaect r4.4%x- Na ra.n Titl- ft,cs4o2. 50/ii- STATE OF WASHINGTON ) )ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that j1)L_l !c gg.4-,JD is the person who appeared before me, and said person acknowledged that Ale_ signed this instrument, and on oath stated that ShG was authorized to execute the instrument as the M t);reA of KING COUNTY RURAL LIBRARY DISTRICT d/b/a KING COUNTY LIBRARY SYSTEM, and acknowledged it to be the free and voluntary act of said municipal corporation,for the uses and purposes mentioned in the instrument. WITNESS my hand and official seal heretotaffixed the day and year in the certificate above written. re (ice-+'/xe4 • Signature CA-t02._ 4 . &GKcv/T,, Print Name NOTARY PUBLIC in and for the State of Washington,residing at Bade// 61/4 . My commission expires /.2/92.i/o10/4.. 4608/002 04/21/14 -10- access easement cshigley\colpitts\sunset terrace\renton psa\closing docs • LENDER CONSENT AND SUBORDINATION INTERAMERCIAN INVESTMENTS, INC., a corporation organized and existing under the laws of British Columbia, Canada, as beneficiary under and holder of the indebtedness secured by that certain Deed of Trust recorded under King County Auditor's File No. 20140407001198 (the "Deed of Trust") hereby consents to the forgoing easement and subordinates the lien of the Deed of Trust thereto. INTERAMERCIAN INVESTMENTS,INC., a corporation organized and 'sting under the laws of British Columbia, Canada By: • Q Nam : J . t a1.t/,�.c�/) m C(f' ' ov Title: , i/tl?d+(/ f,S� 4i U STATE OF WASHINGTON ) )ss. COUNTY OF KING/ On this /%I day of ,2014, before me,the undersigned,a Notary Public in and for Ale State of Washington, Jduly commissioned and sworn ersonallyppeared J ar'/cel M a-" {��.z , known to me to be the �� ' 4 of INTERAMERCIAN INVESTMENTS, INC., the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the purposes therein mentioned,and on oath stated that he/she was authorized to execute said instrument. I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. WITNESS my hand and official seal hereto affixed the day and year in the certificate above written. KATHLEEN M. BORQUEZ ; Sin ure s NOTARY PUBLIC ; gf ash/ H 3e/rx t z STATE OF WASHINGTON Print Name COMMISSION EXPIRES ► NOTARY PUBLIC in and,for the State of NOVEMBER 19. 2016 Washington,residing at (I,AY/tidrl . My commission expires j/—/7 —,Q0* 4608/002 04/21/14 -11 - access easement cshigley\colpitts\sunset terrace\renton psa\closing docs • LENDER CONSENT AND SUBORDINATION ICAP B1, LLC, a Washington limited liability company, as beneficiary under and holder of the indebtedness secured by that certain Deed of Trust recorded under King County Auditor's File No.20131101000589 (the "Deed of Trust") hereby consents to the forgoing easement and subordinates the lien of the Deed of Trust thereto. ICAP BI,LLC,a Washington limited liability company • By: - Name: dui s CQnc t s- eAAV- A Title: 11 el STATE OF WASHINGTON ) )ss. COUNTY OF KING ) On this 154-4\day ofty ,2014,before me,the undersigned,a Notary Public in and for the State of Washington,' duly commissioned and sworn personally appeared Chris C-h ri 6i-Gm ,known to me to be the pia. 1 a crelr' of ICAP B 1, LLC, the limited liability company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the purposes therein mentioned,and on oath stated that he/she was authorized to execute said instrument. I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. WITNESS my hand and official seal hereto affixed the day and year in the certificate above written. C C%t-nQs C t +kQ L �4 ►qssitgriature+ckenc7e. C `h�S ° Print Name i b �% . , NOTARY PUBLIC in and for the State of •.14 D4 j J i Washington,residing at�O"�"�1'�� d SIC• My commission expires 101 •3 1 ' 1(p. 141 et'lre.05/ 4608/002 04/21/14 -12- access easement cshigley\colpitts\sunset terrace\renton psa\closing docs • EXHIBIT A TO EASEMENT AGREEMENT Legal Description of Property Certain real property located in the City of Renton, King County, Washington, and more particularly described as follows: LOT B OF THE CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA-13-001114, AS RECORDED UNDER RECORDING NUMBER 20131002900011 IN VOLUME 302 OF SURVEYS,PAGES 162 AND 163,RECORDS OF KING COUNTY, WASHINGTON. 4608/002 04/21/14 access easement cshigley\colpitts\sunset terrace\renton psa\closing docs EXHIBIT B TO EASEMENT AGREEMENT Legal Description of Developer Property Certain real property located in the City of Renton, King County, Washington and more particularly described as follows: LOT A OF THE CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA-13-001114, AS RECORDED UNDER RECORDING NUMBER 20131002900011 IN VOLUME 302 OF SURVEYS,PAGES 162 AND 163,RECORDS OF KING COUNTY, WASHINGTON. 4608/002 04/21/14 access easement cshigley\colpitts\sunset terrace\renton psa\closing does • • • EXHIBIT C-1 TO EASEMENT AGREEMENT Legal Description of Easement Area AN ACCESS EASEMENT OVER THE PARKING GARAGE ACCESS RAMP ON THAT PORTION OF LOT A OF CITY OF RENTON LOT LINE ADJUSTMENT LUA-13-001114 IN VOLUME 302 OF SURVEYS, PAGES 162 AND 163, UNDER RECORDING NUMBER 20131002900011 RECORDS OF KING COUNTY, WASHINGTON; LYING, NORTHWESTERLY OF A LINE 42.5 FEET SOUTHEASTERLY AND PARALLEL TO THE NORTHWEST BOUNDARY, AND NORTHEASTERLY OF A LINE 44.08 FEET SOUTHWESTERLY OF THE NORTHEAST BOUNDARY OF SAID LOT. 4608/002 04/21/14 access easement cshigley\colpitts\sunsetterrace\renton psa\closing docs 1 • V • e EXHIBIT C-2 TO EASEMENT AGREEMENT Map of Easement Area EXHIBIT GENERAL DEPICTION OF ACCESS EASEMENT AREA N GRAPHIC SCALE 16j 1 80 _ W E 1INCH=30FT. / ///dp JPARCEL NO. 722780-1065 LOTS OF / LUA-13-001114 X__ PARCEL NO. 722780-1075 LOT AOF WA-13.001114 a Site Surveying, tea SITE PROJECT#11-057 vnonv.attesurveyrneppIng.00m 21923 NE 11th Street Sammamish WA 98074 Phone:425.298.4412 4608/002 04/21/14 access easement cshigley\colpitts\sunset terrace\renton psa\closing docs