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HomeMy WebLinkAboutE 7912170517 � � , , , � �. �, , � �. . , , . , . , u> ` � � • ' ,+ . . _ . , ; PERPETUAL EASEMENT � ;_,. KNOW ALL MEN BY THESE PRESENTS: :..-� � ti THAT Forestbrook Associates, a Washington general partner- � ship, hereinafter referred to as "party of the first part" for and c� � in consideration of ONE DOLLAR and other good and valuable con- � �� s�deration, receipt of which is hereby acknowledged, does hereby �� ¢, grant, release and convey unto the CITY OF RENTON, a Municipal � �n Corpora�ion of the State of Washington, as "Party of the second � � part, " an easement appurtenant and perpetual over, on, and to the � following described properties: �'� A strip of land 15.00 feet in width in the Southeast �� quarter of the Southeast quarter of Section 4, Town- ship 23 North, Range 5 East, W.M. , in King County, Washington. The Northeasterly line of said strip of land being a line drawn 15. 00 feet Northeasterly of and parallel with the center line of Honey Creek as shown on a Record of Survey filed in Volume 20 of Surveys, page 10 , Recording No . 7908239010, records of said County. The Southwesterly line of said strip of land being the aforesaid center line of Honey Creek. The Westerly terminus of said strip of land being the West line of Parcel B as described on said Record of Survey, being a line drawn parallel with the West line of the Southeast quarter of the Southeast quarter of said Section 4 through a point on the former North- easterly Right-of-Way line of State Highway No. 2 (Sunset Boulevard East) being a line 30 . 00 feet North- easterly of, parallel and concentric with the center line thereof as now monumented, said point being 50 .00 feet (as measured along said Northeasterly Right-of-Way line) Easterly of the Easterly line of Skagit Trans- mission Line Relocation Easement, according to instru- ment recorded under Recording No. 3335067, records of ' said County. The Easterly terminus of the aforesaid strip of land being the East line of Parcel A as shown i on the aforesaid Record of Survey, being a line drawn 289 .17 feet (measured perpendicularly) West of and parallel with the East line of the Southeast guarter of said Section 4 . And the party of the second part to have for the purposes of construction, repair, service, and maintenance of sewage pipe lines and any other public utilities and services consistent with the addendum attached hereto. �� �xe�s� � �j�! A� NOT �EC�UI�E - _�^�^ � 1 � r(�i tt�.1 . 1`�.,�}' � 59�0�����' �' c;t�?����3� —1— King C�. �ecord� Di��is�n� :��, ` .� :.�• .a�:E � � _, Dep«ty i:�:.a i�� �� � 1 L[ `��� '��a1? I n�Ll J;t"tl. �t�'�.�C`S't1-.. •u , , 6� . J�. • � ' . ' ' 1 .' ., I IN WITNESS WHEREOF the said parties have hereunto set their hands and seals this /o'z =e"day of ,���i� ��,- , 1979 . i 1� �.-- � L!') / � o ��� �q � N _ GRANTOR Q� � STATE OF WASHINGTON ) ) ss. COUNTY OF K I N G ) On this �.�-day of�.����,,6Q,- , 1979, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared �-L�Y, Ts� ��, , to me known to be the — of the Washington General Partnership that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said partnership, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the `said instrument and that the seal affixed is the seal of said partnership. ' ,���,'xi��.1.� WITNESS my hand and official seal hereto affixed.. �t�'e;:daj�'�a:ii3_ year first above written. ���``�" . . '�,.<� �� f�,:, "_ • � � � ,� Y'C �_ � t' V P NOTARY PUBLIC in an�d;-f�r ��he State of Washington, residi{rig''at Seattle. ; 1''l .. � - . i' P i.L E� f��� ��,)'` r :,� ���p�:; y - � � f'tSivl�t �y� i+ ♦ ..r ..'� ' �OFF�'�'(,�`���''��'�I,ERK""........., � REN7'�N li?�'I�It�3P�L BLI��, 3tENTON, �1VASH, g8g�� ^ -2- I /'1 � , :t � �� ` � ;;' .ji f,ftY � . , . �,�, „ . -;-_ t�• . '� � _ \,�✓ ' i � .. _ \� _ � , ' ✓' 1 . � � +� � q+� , .• � � • , � , ADDENDUM � 1. The sewer remain entirely within the bed of Honey Creek or in such adjacent areas within the easement as are approved by Forestbrook Associates. Forestbrook agrees that such approval not be unreasonably withheld. � 2 . The easement be located 15 feet on each side of the prop- erty line. I`� � 3. No tree over one foot in diameter will be removed without ' � the prior approval of Forestbrook Associates, which approval will t� not be unreasonably withheld. The City agrees to accurately lo- N cate all rootballs of trees by survey before designing the system. — The City further agrees through its contractor to pay as damages, Q� the sum of $5, 000. 00 to Forestbrook Associates, or its successors, N for any tree over one foot in diameter which is substantially dam-� aged or destroyed, except with the prior approval of Forestbrook Associates. � 4 . The City will indemnify the property owner and its successors for any and all damages of whatever kind arising I from the construction and maintenance of the sewer line. This indemnity will extend, for example, to such matters as struc- tural damage caused by a lessening of lateral support. The City shall also retain continuing responsibility for the repair of erosion caused by the existence of the line. 5. Forestbrook Associates shall have the right of approval of the location of the line and all aspects of design consistent ; with reasonable design standards. i 6. The City agrees to accept any reasonable alternate lo- cation of the easement and further agrees to examine such al- ternatives prior to final system design. 7. The City will return the creek as nearly as possible to its natural state, including the planting of trees and vege- tation. Any necessary evidence of the line such as manholes will be camouflaged by natural vegetation. . I,