HomeMy WebLinkAboutA 8710090448 � , ,
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FiL�d if.•�z�� the Rec,ord at request of �
i �FFiCE oF TxE ci�Y Ca,ExI� AGREEMENT AND EASEMENT FOR SIDEV�N�,-;,,:,_��; �f+«�,,�;::; ��
RE�;iTON MUNICIPAL BLI�G.FIRE HYDRANTS, STREET LIGHTS AND TRAFFI��-��.SL�ND �;;�, ;��-; '
200 MILL AVE. SOUTH �''�:{�;i—��=,� _ _ . :�.:�:s�:f•:2,#�#t=!
�tENTON, WASH. 95055 � .� �
THIS AGREEMENT made this ��`� day of B-e.�U� 1987,
between RENTON VILLAGE COMPANY, a Washington General Partnership,
(Renton Village herein) , and CITY OF RENTON, a municipal
' corporation ( "Grantee" herein) ;
WHEREAS, Renton Village is the owner of the real property
known as Three Renton Place as described in Exhibit "A" attached
hereto and by this reference incorporated herein (the "Property" ) ;
WHEREAS, Grantee desires an easement for a sidewalks, fire
hydrants, street lights, traffic island and its appurtenances
over, across, along, in, upon and under the Property at a location
more specifically described herein below;
NOW THEREFORE, in consideration of Ten & NO/100 Dollars
($10.00) and other good and valuable consideration in hand paid
receipt of which is hereby acknowledged, and in consideration of
the performance by Grantee of the covenants, terms and conditions
hereinafter set forth, Renton Village hereby grants, conveys and
quit claims to Grantee the following easements:
A nonexclusive perpetual easement over, across, along, in,
upon and under that portion of the Property as described in the
� attached Exhibits "B", "C" , "D" and "E" for the purposes of
� operating, maintaining, removing, repairing, replacing and using a
� sidewalk, as described in the attached Exhibit "B" , fire hydrants,
� as described in the attached Exhibit °°C°' street lights as
O described in the attached Exhibit "D", and traffic island as
� described in the attached Exhibit "E" (herein the "Improvements" ) .
� � The terms "Easement" and "Easement Area" in this instrument
� refer to the easement herein granted on Renton Village' s Property I
and as described on the attached Exhibit "B" , "C" , "D" and "E" . I�
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This Easement is granted subject to and conditioned upon the
following terms, conditions and covenants which Grantee hereby
promises to faithfully and fully observe and perform.
1. Compliance with Laws and Rules. The Grantee shall
maintain and use the Improvements in accordance with the
requirements of Renton village; and any statute, order, rule or
regulation of any public authority having jurisdiction.
2. Use of the Property by Renton Village. Grantee' s rights
herein shall at all tfines be subordinate to the rights of Renton
Village. Renton Village shall not be liable to Grantee or to
Gra:��e�' a ��a��o�zes, a�en�ts, or to any otner party benefiting from
said Improvements, for loss or injury resulting from any damage or
destruction of the Improvements directly or indirectly caused by
Renton Village' s existing or future use of the Property.
3. Required Prior �iotice and Approval of Plans and
Specifications. Prior to any installatfon, alteratfon,
replacement or removal of the Improvements or any other major
activity by Grantee on the Property, Grantee shall give Renton
Village written notice thereof together with preliminary plans and
specifications for the same prior to the scheduled commencement of
such activity. Renton Village shall have the right to require
that such plans and specifications be modified, revised or
otherwise changed to the extent that the final plans and
specifications therefor shall include provisions for the _
prevention of hazardous conditions. No such activity shall be
commenced without Renton Village' s prior written approval of the
plans and specifications therefor and all changes or amendments
thereto, which approval shall not be unreasonably withheld.
Notwithstanding the foregoing, in the event of any emergency
requiring immediate action by Grantee for protection of the
Improvements, persons or property, Grantee may take such action
upon such notice to Renton Village as is reasonable under the . `t��t�a1�
circumstances.
�XC E TAX �IOT PE�QUIRED
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40-DC-5854 092487
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- Nothing herein shall be deemed to impose any duty or ,
obligation on Renton Village to determine the adequacy or
sufficiency of the Grantee' s plans and specifications, or to
ascertain whether Grantee' s construction is in conformance with
the plans and specifications approved by Renton Village.
4. Grantee' s Use and Activities. Grantee shall exercise
its rights under this Agreement so as to minimize and avoid,
insofar as possible, interference with the use by Renton Village
of its Property and shall at all times conduct its activities on
the Easement Area so as not to interfere with, obstruct or
endanger Renton Village' s operations or facilities . Grantee shall
maintain the Improvements and conduct any other of its activities
on the Easement Area in such a manner to prevent hazardous
conditions .
5. Coordination of Activities . Grantee shall give at least
30 days advance written notice of the proposed dates of its
construction, repair and maintenance activities on the Property.
Grantee shall cooperate in the revision of such dates and/or the
coordination of its activities with those of Renton Village' s if
deemed necessary by Renton Village to minimize conflicts, insure
protection to each parties facilities or prevent hazardous
conditions . Provided, however, that in the event of an emergency
� requiring immediate action by Grantee for the protection of its
� Improvements or other persons or property, Grantee may take such
�, action upon such notice to Renton Village as is reasonable under
0 the circumstances.
�
Q 6. Work Standards. All work to be performed by Grantee on
� the Easement Area shall be in accordance with the plans and
� specifications submitted to and approved by Renton Village and
� shall be completed in a careful and workmanlike manner to Renton
Village' s satisfaction, free of claims or liens; however, nothing
herein shall be deemed to impose a duty or obligation on Renton
Village with respect to the sufficiency thereof . Without
limitation to the foregoing, Grantee shall exercise the utmost
caution when conducting its activities in the vicinity of any
energized power lines in order to prevent any contact therewith.
Upon completion of such work Grantee shall remove all debris and
restore the ground surface as nearly as possible to the condition
in which it was at the commencement of such work, and shall
replace any property corner monuments which were disturbed or
destroyed during construction. Grantee shall also pay to Renton
Village all of Renton Village' s costs necessary to re-establish
destroyed survey references and hubs established by Renton Village
in conjunction with any survey on the Property.
7. Changes and Repairs to Renton Village' s Facilities.
Grantee s��Il pro�rrptly pay to Renton Village the cost of any
relocation, alteration, restoration and other changes or repairs
to Renton Village' s facilities which Renton Village shall
reasonably deem necessary by reason of the construction, use and
maintenance of the Improvements or other activities of Grantee on
the Property. For the purpose of this paragraph, "cost" shall be
defined as all direct or assignable costs of materials, labor and
services including overhead, in accordance with charges for
transportation of inen, material, and equipment, storage expense of
material and rental of equipment.
8. Termination for Breach. In the event Grantee breaches
or fails to perform or observe any of the terms and conditions
herein, and fails to cure such breach or default within ninety
(90) days of Renton Village' s giving Grantee written notice
thereof, or within such other period of time as may be reasonable
in the circumstances, Renton Village may terminate Grantee' s
rights under this Agreement in addition to and not in limitation
of any other remedy of Renton Village at law or in equity, and the
failure of Renton Village to exercise such right at any time shall
not waive Renton Village' s right to terminate for any future
breach or default.
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9. Termination for Cessation of Use» In the event Grantee
ceases to use the Improvements for a period of five (5) successive
years, this Agreement and all Grantee' s rights hereunder shall
terminate and revert to Rentan Village. ;
10. Release of Improvements on Termination. No termination
of this Agreement shall xelease Grantee from any liability or
obligation with respect to any matter occurring prior ta such
terminatian, nor shall such term%nation release Grantee farom its
obiigation and liability ta remove the Improvements from Rentan
Village' s Property and restare the graund.
11 , Removal of Im rovements on Terminatian. Upan any I
termination of this Agreement, Grantee shall pramptly remove from I
� the Easement Area its Impravemen�s and restore the graund to the
I condition now existing or, in the alternative, take such other �
V mutually agreeable measures to minimize the impact of the
Improvements on Renton Village' s Property. Such work, removal and
restoratian shall be dane at the sole cost and expense of Grantee
and in a manner satisfactory to Renton Village. In case of
failure of Grantee to so remove its Improvements, restore the
ground or take such other mutually agreed upon measures, Renton
Village may, after reasonable notice to Grantee, remove Grantee' s
� Improvements, restore the ground or take such measures at the
expense of Grantee, and Renton Village shall not be liable
therefor.
� 12. Third Party Rights. Renton Village reserves all right�
� with respect to its praperty includi:ng, without limitatian, the
I �1 right to grant easements, licenses and permits to others subject
� to the rights granted in this Agreement.
� � 13. Release and Indemnity. Grantee does hereby release�
� indemnify and promise to defend and save harmless Renton Village
� from and against any and all liability, Ioss, cost, damage,
expens�e, actions and claims, including costs and reasonable
attarney' s fees incurred by Renton Village in defense thereof,
asserted or arising directly or indirectly on account of or aut of
' (1 } acts or omissions of Grantee and Grantee` s servants, agents,
' emplayees, and contractors or any other person in the exercise of
the rights granted herein, or (2 � acts and omissions of Renton
Village in its use of Renton Village' s Property which affect
Grantee' s employees, agents, cantractars, and other parties
benefiting from said Improvements; pravided, however, this
paragraph does nat purport to indemnify Renton Village against
Iiability for damages arising out of bodily injury to persons or
damage to property ta the extent caused by ar resulting fram the
sole negligence of Rentan Village ar Renton Village' s office�$
i agents or empioyees.
14. Insurance. Prior to Grantee' s constructian activities
! or other substantial activities on the Praperty under the rights
� provided herein, Grantee shall submit to Renton Village evidence
that Grantee or Grantee' s contractors has obtained comprehensive
general liability coverage ( including broad form contractual
liability coverage} satisfactory to Renton Village with limits no
less than the fallowing:
Bodily Injury Liabi2ity, ineluding $1,000, Q4(7
automobile bodily injury liability each accurrence
Property Damage Liability, including $1, 000, 000
automobile prap�r�y damage liability each accurrence
Said caverage shall be maintained by Grantee or Grantee' s
contractors during the period when such activities take p2ace;
provided, Grantee may self--insure for bodily injury and praperty �
damage in such amounts as are cansistent with goad practice.
15. Title. The rights granted herein are subject to
permits, leases, licenses and easemen�.s, if any, heretafore
granted by Renton Village affecting the property subject ta this
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Agreement . Renton Village does not warrant title to its property
and shall not be liable for defects thereto or failure thereof .
16. Notices. Unless otherwise provided herein, notices
required to be writing under this Agreement shall be given as
follows: �� � _
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If to Renton Village: Renton Village Company ��-� � ' �
830 Logan Building �;�;� - �
Seattle, WA 98101 ��_-�� � � �
If to Grantee: City of Renton �±� ~ i-� ' �;
200 Mi 11 Avenue South "`:�.� � � �
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Renton, WA 98055 �,�,f �
Notices shall be deemed effective, if mailed, upon the second
day following deposit thereof in the United States Mail, postage
prepaid, certified or registered mail, return receipt requested,
or upon delivery thereof if otherwise given. Either party may
change the address to which notices may be given by giving notice
as above provided.
17. Assignment . No assignment of the privileges and
� benefits accruing to Grantee herein, and no assignment of the
' � obligations or liabilities of Grantee herein, whether by operation I
� of law or otherwise, shall be valid without the prior written
� consent of Renton Village.
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� 18. Successors. The rights and obligations of the parties
� shall inure to the benefit of and be binding upon their respective I
successors and assigns .
�
19. Liability. In the event of any assignment of the rights
hereunder, the liability of Grantee and its assignees shall be
joint and several .
EXECUTED as of the date hereinabove set forth.
RENTON VILLAGE COMPANY a
Washington General Partnership
By Port Blakely Tree
Farms (L. P. ) , a Washington
Limited Partnership
Its General Partner
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By
J. Warjone
Its ener Partner
Approved & Accepted by:
CITY OF RENTON By Puget Western, Inc. , a
Washington Corporation
Its General Partner
By �-
I t s 7�h/G� Gc.�,�[�S s-�3� BY ����LG�.- (/" ��,1'�r�-
AL,LEN A. PERRON
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_ 40-nc-5854 092487
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AGREEMENT AND EASEMENT FOR SIDEWALK, I
FIRE HYDRANTS, STREET LIGHTS, TRAFFIC ISLAND
RENTON VILLAGE COMPANY - CITY OF RENTON
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this �Gr day of C � , 1987, before me, the
undersigned, a Notary Public in and for the State of Washington,
duly commissioned and sworn, personally appeared J.E. WARJONE, to
me known to be the General Partner of Port Blakely Tree Farms
(L. P. ) , the limited partnership that executed the foregoing
instrument in its capacity as general partner of Renton Village
Company, a Washington general partnership, and he acknowledged the
said instrument to be the free and voluntary act and deed of Port
Blakely Tree Farms (L. P. ) for the uses and purposes therein
� mentioned, and on oath stated that he is authorized to execute the
said instrument.
� WITNESS my hand and official seal hereto affixed the day and
� year in this certificate above written.
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� NO R PUBLIC in and or tY�� �tat� 'I
of W s ington, residing at 2 .
� My a ointment expires � I
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this 2.�/� day of QC�ca�� , 19�� , before me, the
undersigned, a Notary Public in and for the State of Washington,
duly commissioned apd sworn, personally appeared ALLEt�T A. PERRON to
I me known to be th���=�resident of PUGET WESTERN, INC. , the
corporation that executed the foregoing instrument in its capacity
as general partner of Renton Village Company, a Washington general
partnership, and he acknowledged the said instrument to be the
free and voluntary act and deed of said corporation, for the uses
and purposes therein mentioned, and on oath stated that he was
authorized to execute the said instrument .
WITNESS my hand and official seal hereto affixed the d�y and
year above written.
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Notary Publi n�-and for the State of
Washington, residing at �,Ee�ev� oti�
My commission expires �- �s- 9t�
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40-DC-5854 092487
- AGREEMENT AND EASEMENT FOR SIDEWALK,
FIRE HYDRANTS, STREET LIGHTS, AND TRAFFIC ISLAND
RENTON VILLAGE COMPANY - CITY OF RENTON
EXHIBIT "A"
That portion of the Northeast quarter of Section 19, Township 23
North, Range 5 East, W.M. , in King County, Washington, described
as follows:
I Commencing at the Southwest corner of the Northeast quarter of
said Northeast guarter;
thence North O1 04'08" East along the West line thereof, a
distance of 244.66 feet;
thence South 88°55 ' S2" East , a distance of 402. 38 feet to the True
Point of Beginnong;
thence South 89 44'02" East, a distance of 515. 11 feet;
thence North 00°15 ' S8" East, a distance of 180.65 feet ;
thence South 89°44'02" East, a distance of 192. 71 feet to a point
on the westerly margin of SR-515 (Talbot Road South) as shown on
� Washington State Highway Plan-Renton Vicinity: Carr Road to Grady
� Way, Sheet 6 of 6, approved November 5, 1971, said point lying on
� a curve hav�ng a radius of 650.00 feet and having a radial bearing
� of South 89 20'08" West ;
� thence northerly along said curve and the westerly margin of
,{� Talbot Road South through a central angle of 32°15 ' ll" an arc
� distance of 365.90 feet;
+,'` thence North 32°55 '03" West a distance of 128. 11 feet , to a
GD tangent curve to the left having a radius of 55.00 feet;
thenc� North and westerly along said curve through a central angle
of 88 25 ' 22" , an arc distance of 84:88 feet to a reverse curve
having a radius of 3, 869. 71 feet, said curve lying on the
southeasterly margin of South Grady Way;
thence southwesterly along said margin through a central angle of
07°33 ' 32" , an arc distance of 510. 52 feet to a point which lies
North O1°04'08" East from the true point of beginning;
thence South O1°04 '08" West, a distance of 411. 71 feet to the True
Point of Beginning.
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AGREEMENT AND EASEMENT FOR SIDEWALK I
FIRE HYDRANTS, STREET LIGHTS AND TRAFFIC ISLAND
EXHIBIT "B"
THRE£ RENTpN PLACE OFF-SITE IMPR4VEMENTS
Side�alk Easement an East Property Line O� ThTP.P. Renton Place II
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That partion af the northeast quarter af Section 19, Taxnship 23 North,
, Range S East, W.M. described as follows: ,
Commencing at the southwest corner of Lhe nartheast quarter of said northeast
� quarter; thence N O1°Q4'48" E alang wesL line thereaf, a distance af 244.bb
feet; thence S $8v55'S2" E, a distance of 402.3$ feet La a point on Lhe WesLer2y
�" line of land described in Quit Clair� Deed in Exhibit •'A", recorded under King
C� County Recording Na. 8208270355; thence N 67°2b'13" E, a distance af 755.33
� � feet ta the TRUE POINT OF BEGINNING; said point lying on the westerly margin 'I
� of SR 525 (Talbot Road South} as sriown on iJashington State Highway Plan-Renton
I � Yicinity: Carr Road Lo Grady Way, Sheet b of 6; appraved November 5, 1971; �
�,,, Lhence northerly leaving said �aesterly line along a curve having a radius of I
� 600 feet and having a radia2 Dearing o£ N 7�°18'23" E through a central angle
o€ 12°O1'43", an arc distance of 115.49 feet to a carnpaund curve having a
radius of 119.12 feet; thence northwesterly alang said curve through a central
angle af 14°02'22", an arc flistance of 29.19 feet Lo a reverse curve having a
radius of 132.05 feet; thence northwesterly along said curve L�irough a cenLzal
angle of 20°10'42", an arc distance of 46.SQ feet; thence N 20 14'12" i�, a
distance of 33.52 feet to a tangent curve to the lefL having a radius af 82.55
feet; thence northwesterly alang said curve thraugh a central angle af 21°04'16",
an axc distance af 30.3b feet; thence N 32°56•18" W, a distance of 57.28 feet
to a tangent curve to the left having a radius of 28.78 feet; thence northwesterly
along said curve through a central angle of 23°II•38", an arc distance of 11.65
feet to a reverse curve having a radius of 53.31 feet; thence northwesterly
along &aid curve Lhrough a centra2 angle of 23°SQ•28", an axc distance of
22.18 feet to a compounci curve having a radius of 22.74 feet; thence nartherly I
alang said curve through a central angle of 31°1Q'13", an arc distance of
12.37 feet to a curve having a radius af 50.04 feet and having a radial bearing
af N 77°25'S1" E, thence northerly along said curve through a central angle of
16°02•02'•, an arc distance af 13.99 �eet ; t�lence N 32°55'11" iw', a distance
of I4.6$ feet to a curve having a radius of 53.50 feet and having a radial
bearing af I� 55°S8'37"' �; thence norChwesteriy along said curve through a
central an�2e af 54°52'41", an arc disLance af 52.24 feet ta a point on the
westerly mar�in of said SR S1S {Talbot Itoad South), thence southeasterly
along said margin to the TRUE POINT OF BEGINNIIdG.
86059
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AGREEMENT AND EASEMENT FOR SiDEWALK
FIRE �iYDftANTS, STREET LIGHTS AND TR,AFFIC ISLAND
EXHIBIT "C"
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THREE RENTON PLACE OFF-SITE IMPROVEMEN'PS I
water Line Easement an East Property Line Three Rentan Ylace
. GU' i
� A stxip of land 1Q feet Wide lying S feeL on each aide of the fo2loWing described
� centerline in the northeast quarter of Section 19, TaWnship 23 North, Range
� 5 East, N.M.;
� Commencing at the southwest carner of the northeast quarter of said northeast
� quarter; thence N pl°04`08" E along the West line Lher�of, a distance af 244.66
?� feet; thence S 88°55•52" E, a �distance of 402.38 feet to a point hereinafter
� . described as Point •'A"; said point lying an the Weaterly Iine o£ land described I
in Quit Claim Deed in E�chibit ••A", recor8ed urider ICing County Recarding �
No. 824827Q35S# Lhence N 68°56'15" B, a distance of ?19.57 feet ta the TRUE
P42NT QF BEGINrIING, thence N 84a38'23" E, a distance cf 30.83 feet Lo a point I
an the Westerly margin of SR S15 {Talbot Road South� as sho�wn on washington
State NighWay P1an-Renton Yicinity: Carr Road ta Grady Nay, Sheet 6 of 6,
appraved November 5, 1971; said point being the terminus of said strip;
Together t�ith a �trip of land 10 feet �ide lying S.0 feet on each side of the
folloWing described centerline; commencing at the aforementioned Point •'A",
thence N 40°Z3'49" £, a di�tance af 810.08 feet to the TRUE POI?tT OF BEGINNING
of said strip; thence N�6$ 31•37•' E, a distance of 15.90 feet ta the Westerly �
maxgin af said Talbot Road South and terminus af aafd strip.
� 86059 9-22-87
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AGREEMENT AND EASEMENT FOR SIDEWALK
FIRE �iYDRANTS, STREET LIGHTS AND TRAFFIC ISLAND
EXHIBIT "D"
TNR�£ RENTON pLACE OFF-SITE IMPRdVEMENTS
Street Light and Accessories Easement an East Praperty Line - Three RenLon Place
� A strip of land 5.0 feet s�ide lying 2.S feet an each side of the following
� �� described centerline in the northeast quarter of Sectian 19, Township 23 North,
Range 5 East, N.M.; �i
� Commencing at the south�rest corner of the narLheast quarter af said �northeast I
� C� quarter; thence N O1°04'08" E along the west line thereof, a distance of 244.6b ;
�1 feet; thence S 88°55'S2" E, a distance of 402.3$ feet to a point hereinafter
, � described as Point •'A"� said point lying on the �resterly line of land described
in Quit Clain Deed in Exhibit "A", recorded under King Caunty Recarding
Na. 82Q8270355; thence N 63°S1'32" E, a distance of 757.37 feet ta the TRUE '
P4INT OF BEGINNING; thence N �'S°13'23•• E, a distance of 7.54 feet to a point
on the vesLerly margi� af SR S15 (Talbat Road Sauth} as sho�wn on Nashington
State Highxay Plan-RenLon Yicinitys Carr Road to Grady Way, Sheet 6 of b; .
appraved November S, 1971; said point being the terminus of said strip;
Together With a strip of larxd 5 feet Wide lying 2.5 feet on each side af ihe
£ollo�ing described aenterline; cortunencing at the aforementioned Paint •'A•',
Lhence N 50°T6'S1" E, a distance of �85.25 feet to the TRUE POINT OF BEGINNING
af said strip; thence N b2°29•19" E, a distance of 11.27 feet ta the �esterly �
margi.n of said Ta2boL Raad South and terminus of said strip; '
TogeLher with a strip af land 5 feet Wi.de lying 2.5 feet an each side of the �
follaxing described center2ine; corumencing at the afarementianed Point *`A", i
thence N 37°SS'30•' E, a distance of 827.12 feet to the TRUE POINT OF BEGINNING
of 6aid strip; thence N 24°37'24" E, a distance of 9.13 feeL ta Lhe uesterly
margin of said Talbot Road South and terminus of said strig. .I
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AGREEMENT AND EASEMENT �'OR SIDEWALK
FIRE HYDRANTS , STREET LIGHTS AND TRAFFIC ISLAND
� EXHIBIT "E" �
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THREE RENTQN PLACE OFF-SITE IAIPROVEi�IENTS
Traffic Island Easement on East property Line
j af Three Renton Place
E
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� A strip of land 10 feet wide lying 5 feet on each side af the fo12aK-
� ing described centerline in the norLheasL quarter of Section 19,
� Township 23 North, Range S East, W.M. s
�
II ,Y.,� Commencing at the southwest co�rner of the northeast quarter af said
� ,t�, northeast quarterj thence N O1 04'08" E along the west line thereof,
�;,,�} a distance af 244.66 feet; thence S 88°SS`52" E, a distance of 402.38
feet to a point on the wasterly line of land described in Quit Glain
Deed in Exhibit "A", recard�d under King County Recording No.
82Q8270355; thence N 70039'32" E, a distance af 735.94 f�et to the
TRUE POINT OF BEGiNNING; thence N 83°22•03 E, a distance of 20.00 �
feet to the westerly margin of SR S1S (Talbot Road South) as shawn I
on Washingtan State Highway Plan-Renton Vicinity: Carr Road Lo Grady
Way, Sheet 6 of 6, approved Navember 5, 1971; said point being the
terminus of said strip. �
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