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Home My WebLink AboutE 8605010937 . ,. � ,�•,��,.�; ` �,T�,1�;�� .-s,A�9� s�I� VAC-005-85 . ' �6:.,� ��ru 1��,�;,w� 'sa� �"t��u:�r �ii� �� ,��,.�, �. EASEMENT -,_,, �, � �..t�-.o �;'�; .. �,' ;�:�,��i�. L�i:'�r,"1�CIL�.��. ��;G�,1�i�°�355 THIS EASEMENT is made and entered into this � day of �' � , 1986 , by and between LINCOLN LAKESIDE LI ITED PARTNERSHIP, a Washington limited partnership ("Lin- coln") and THE CITY OF RENTON, a municipal corporation (the �� . _ _ .. . ��:�-:-~ �, City w.r�..�i��':_�:��:;�� ' _ � �`±:+�C� F=" �.:,-_. i�i�t W I T N E S S E T H: l::;Fi°�;i�_�;_.. �+::,:�+:1�:°.�ii;i ';� r.. WHEREAS, Lincoln is the owner of that certain parcel of � real property located in the City of Renton, King County, � Washington, more particularly described in Exhibit A, at- tached hereto and incorporated herein by this reference 0 ("Lincoln Property") ; and � WHEREAS, Lincoln has applied for a street vacation of a � portion of Lake View Boulevard from the City pursuant to the Application attached hereto as Exhibit B ("Street Vacation") ; WHEREAS , in connection with the Street Vacation, the City has requested that Lincoln agree to grant an easement to the City; WHEREAS, Lincoln has agreed to grant the easement to the City upon the City' s approving and granting the Street Vacation; NOW, THEREFORE, in consideration of the mutual promises herein contained and other valuable consideration, receipt of which is hereby acknowledged, the parties hereto agree as follows: 1 . Lincoln hereby conveys and grants to the City a nonexclusive easement for ingress, egress , and utilities and all necessary appurtenances thereto over, under, and across a portion of the Lincoln Property as described in Exhibit C, attached hereto and incorporated herein by this reference (the "Easement Tract") , subject to the conditions and re- strictions herein contained. 2. The City shall have the right to construct road- way(s) within the Easement Tract subject to and in compliance with the following: a. The City shall pay all costs relating to the roadway(s) construction including, without limitation, the cost of obtaining permits, engineering design, bonding, construction, financing, and all fees and charges related thereto; b. The construction of the roadway (s) shall be under- taken in conformance with good construction practices, EXCISE TAX NOT REQUIRED _ 1 _ King Co. Records Division �!► -�� '� '' �� '��r'' , pepu�y and the standard for construction materials shall be to the City' s standards for such access roadway(s) ; and c. During the construction and after completion of the roadway(s) , the City shall, at the City' s expense, maintain and repair the roadway(s) within the Easement Tract and keep the roadway(s) clean and in good condi- tion, except as detailed in paragraph (4) below. 3 . In the event the City uses the Easement Tract for placement of utilities, the City shall repair and restore the Easement Tract to as good a condition as existed immediately prior to installation or maintenance of utilities. 4 . Lincoln reserves unto itself, its successors and t�- assigns, grantees, tenants, subtenants, agents, employees, �� invitees and guests, the right to use the Easement Tract for 0 ingress, egress, maintenance, utilities, and any other purpose or use not inconsistent with the easement herein 0 granted (which uses shall include without limitation sports 0 courts prior to roadway construction) . Lincoln further � reserves the right to grant any other easement, license, or right-of-way under or across the Easement Tract that may, in Lincoln' s sole discretion, be necessary for any purpose. However, should Lincoln make such use of the roadways then they shall be responsible for a pro rata share of develop- ment, maintenance, and upkeep on the easement. 5 . The easements herein granted, the restrictions, conditions, and covenants hereby imposed and the agreements herein contained shall be easements, restrictions, and covenants running with the land, and shall inure to the benefit of and be binding upon the parties and their respec- tive heirs, successors, and assigns. 6. Each party does hereby release and agrees to indemnify, defend, and hold harmless the other party from and against all loss, costs, liabilities, damages, and expense of any kind, including costs and attorneys' fees incurred by the other party in defense thereof, arising out of or in any way connected with the use or occupancy of the Easement Trace or the exercise of other rights granted herein by the party, its servants, employees, contractors, and agents , unless said loss, cost, liability, or expense results solely from the negligence of the other party. 7. This easement shall automatically terminate and be of no further force and effect without the necessity of any further act or documentation upon the City' s granting a street vacation for Lake View Boulevard south of the area described on the Street Vacation. Upon the granting of such Street Vacation, Lincoln may request the City to execute the following: - 2 - . • . �. . . . � "The City of Renton does hereby release and forever terminate that certain Easement dated ,,��-�'/� /9�� in connection with the use and development o� f the' property described in Exhibit A, attached hereto and incorporated herein by this reference. " IN WITNESS WHEREOF, the parties have duly executed this Agreement on the day and year first above written. LINCOLN LAKESIDE LIMITED PARTNERSHIP a Washington limited partnership By: LINCOLN PROPERTY COMPANY N0. 369 LIMITED PARTNERSHIP General Partner Y � C�,1 By _>__� �� ..�� r^,�_"� � I s General artner- p THE CITY OF RENTON u� O o By 34rLh�u.�,�, .SA,�r�.�c'�, ayor �" "� � STATE OF WASHINGTON ) Attest �. �o�-�v��' : SS. City Clerk COUNTY OF KING ) On this day personally appeared before me L�h^�7�: a�' �.� , to me known to be the general partner of Liric��Property Company No. 369 Limited Partnership, the General Partner of Lincoln Lakeside Limited Partnership, the partnership that executed the within and foregoing instru- ment, and acknowledged the 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 was duly authorized to execute said instrument on behalf of the partnership. IN WITNESS WHEREOF, I have hereunto set my hand and seal this _�r� day of� , 198� . r r� � J T {�f � ' ��.W 4x,�`�'� N ARY PUBLIC in and or the � ; ti�,��E ,�t �� State o€ Washington, residing ,J . _. �a, at , My :� " �.,�,c,`�C� � : commission expires: 9��..g7 , W;� 9� 4, v . •,, 1� 2 1 - ��w. ., ''a �' �'1 � h�' 'a .�'� "'`+.,.. ... - 3 - . . • . .;,. . ' STATE OF WASHINGTON ) : ss. COUNTY OF KING ) On this day perso lly app ar before me 1�� and � , to me kno to be th duly qualifie and acting Mayor and City Clerk, respectively, of the City of Renton, Washington, and acknowl- edged that they executed the within and foregoing instrument for the City of Renton as the free and voluntary act and deed of said City for the uses and purposes therein set forth, and upon oath stated that such execution of said instrument by them is duly and regularly authorized and that the seal attached thereto is the corporate seal of the City of Renton. �� IN WITNESS WHEREOF I have hereunto set my hand and seal � this _(,�/� day of , 198 L . O — � � .v�f b� O NOTARY P in and for the � State of Washington, residing at ' � ��. co ission expires: /p , � . J °' f� � ' � .7 1�r br� Ya��l�, ` `i ' - � 4 C �. ,r .,.i,� ,� ; ��,.,,�'„��,,,..,, � � _ - 4 - �. , ,. �' �� . � . : , �• . EXHIBIT A Tboce portions of lot� 3S7 ana �58, C. D. Bill�an's Lake Nasb- ington Carden of Eden �aascso� to the City of 8eattle, Division No. S. accorainq to tbe plat thereof as recorded in voluoe 1� of plats, page 83, =ecord6 of lCiny County, Nasbington, lying Aortheasterly of Lake Kashington Boulevard North, 11LL in accordance vith, and as de_ � picted on, �Dat certai� record-of-6urvey filed in book �S of Sur- veys, page 111, under 1Cing County Rec. No. 85062�-9011, vhich ras prepared in conjunction vith t6at �ertain Boundary Line �1g�reement � - tilcd under lcing County Rec. No. 850624-0829. (`�1 . � 0 0 Lf) O Tbose portions of lots 340, 341 arW 343j vacated lots 3�2 and � 3S9, C. D. �illman's Lake washing ton Garden of Fden �aaicio� to the City of Seattle, Division No. S, acee�rding to the plat thereof as - M shington;� LakeuView1Boulevardats�� Qage •3, records of [ing County, order of tDe 1Cing County Commis6ionet64taccordiagE�to Sooluoe�20y Conmissioner 's Journal, page 206f and Govern�ent Lot 3, Section 5, Township 23 North, Range S East, i�.M. . in ting County, Washingtonf ALL lying northeasterly of Lake Nashington 8oulevard l�orth, �ID. as depicted on that �ertain record-of-survey f i2ed in book 31 of Surveys; page 162, un8er �ing County Rec. No. 620406-9002t BXCEPTING THEREFRp�iy, any portion tbezeof, lying aortberly and vestezly of the agreed upon boundary line in accordance rit6 that certain Boundary Line �greement filec] under �ing County Rec. No. 850911-0605 in conjunction vitb that eertain record-of-survey filed in book �6 of Surveys, page 170, under [ing County Rec. po. 850911- 9008. ' �:� � �� :� � � r--,.... . �-= _ -- -=.=- - �, , t,,� c - ._, . N ~� U� ..-- . �.-� � C4 ' .�:7 CG '� I �� -- x � , . , � � .� ; . PET tON t'OR BTREET VAC�►_�ON � � � IAl THE CITY OF RENTON, NASHINGTON Circulated by LINCOLN pROpERTY CO[+IPANY �.C_ . iNC. Date Address 1.1400 S.E. 6th St. Beilevue �t� 98004 Telcphone No. �SS-4813 To The Bonorable Mayor and l�embers of the City Council City of Renton City Ball Renton, Washington 98055 . Dear Mayor and Council Members we, the undersign�ed property oWners abutting a certafn portion of public right-of-way, respectfully request the vacation of the folloWing described street or alley�ray: LARE VIEW BOOLEVARD (ARA 104th �ivenue Southeast) That portion of Lake View Boulevard in the plat of C.D. Hillmans Lake Washington Garden of Eden Addition to the City of Seattle, Division No. 5, as recorded in Volume 11 of Plats, page 83, re- cords of 1Cing County, Washington, lying southerly of the south- �- erly margin of 3rd Avenue (ARA N. 20th St. and/or S.E. l0�th �' St. ) and northerly of a line at right angles to the centerline 0 of said Lake VieW Boulevard which passes througb the most east- � o erly end of the common line between lots 356 and 357 of said � �� plat. . ` O I � (All as �nore particularly shown on that certain record of survey filed in Volume 45 of Surveys, page 111, under King County Rec. Po. 8506249011, which by reference, is incorporated herein and made a part bereof. ) Additional Comments: Name � Address � Signature Legal Description ' ynt �a4 _ C D Ai� lmans L•k. i�Tashinotor_ rarAPn of Eden to the City of Seattle Tlivicinn r]O �j T.ot� �dS � 346 C.D Eillmans Lk. rl �1 Z, 2�?{( S� _ �Tashinaton Ga rden of Eden to the Gitv �/f(�NI.�S I/`�� f v��0 QF ce��te T);vicinn 11n=5�. O �t �4 I . • I /� ,'w /` � �TA � J✓? v .�.7JO /+ � �-11L1U11�.Z Li�� !* 2 �-� � • � (/ � [= �jash;a,Q�on Car en of Eden to the C�tv �� G �7 r�,s�p Qf co��tlo flivicinn 1Jn_ S, � I I i b-1 � I � - - ---_ — . ' ' ' � . pETI, _ON �OR 6TREET VACAZ.JN , , , , • . ' IH THE CZTY OF REIdT�N, t�ASBINGTON Circulated by LiNGOL•N pROPERTY CQ P NY N C_ . iNC Date Address 11400 S.E. 6th St. B�llevue W1� 98004 Telephone No. �55-4813 To The Honorable Mayor and Members of the City Council City of Renton City Ball Renton, i�eshington 98055 Dear �iayor and Council Members i�1e, the undersignecl property owners abutting a certain portion of public right-of-way, respectfully request the vacation of the following described street or alleyway: . LAKE VIEW BODLEVARD (ARA 104th Avenue Southeast) That portion of Lake View Boulevard in the plat of C.D. Hillmans Lake �Tashington Gar6en of Eden Addition to the City of Seattle, Division No. 5, as zecorded in Volume 11 of Plats, page 83, re- cords of 1Cing County, i�ashington, lying southerly of the south- erly margin of 3rd Avenue (ARA N. 2Qth St. and/or S.E. 104th It` St. ) and nortberly of a line at right angles to the centerline a' of �aid Lake View Boulevard which passes through the most east- ' O erly end of the common line between lots 356 and 357 of said � n plat. u� O (All as more particularly shown on that certain record of survey � filed in Volume 45 of Surveys, page 111, under King County Rec. No. 8506249011, Which by reference, is incorporated herein and made a part bereof. ) �idditional Comments: Name � Address � Signature Legal Description � --�� Lot 344. C.D. Ai� lmans L•k. i�lashinator_ . �arden of Eden to the City of Seattle �/S� �. ��''�J Division No. 5. �4� `�J��l d Lots 345 � 346 C.D. Pillmans Lk. �eTashiagton Garden of EBen to the Citv of Seattle Division No.S. 3r-i eF� .+ -� •_ _ � ____�.— :c�^ �., . :. �..� ....;. r��►�an� LK. . j�jashinaton Garden of Eden to the Cit� nf Seattle Division No. S. � � H-2 � • ', . , • . . . , r, � . . , 1 � �� . - - � '��* , • , EXFBIBIT C 1► parcel of land in Sectior► S, TovnsDip 23 portb, �tan9e S Eact M•M• . in Rin9 County, Nasbin9ton, describea as �ollovs: � TDe southerl� 60.00 teet, as •eacurcd at rigbt angles to the south linc, of that portion of Lot �S7, C.D. eilla�an•s Lake Mas�- in9ton Carden of Bden �►aaitto� to the City of 8eattle, Division 1io. S a� tccorded in Volume 11 of plats tY. lrashington, accordiny to that certain�Bounda�ry Linexl��reement r tilcd under 1�ing County Recordin po� �, tAat certain Record-of-Survey tiled in book6�5 of2S and depicted on � nnder I�ing County Recordin po, urveys, page 111 _ soutberly 60.00 feet of tl�e vesterlyebalf,of�that portionR of�Lthe oO Viev Boulevard, as desctiDed in �aid Boundary Line l�greement and depicted on 6aid Record-of-Surve .� vill attach thereto, lying nortberlycof auline atcrigAt anhles�to � t�e ves�erly nargin of said Lake Vier Boulevard fro� it� intersec- �ion vith tbe coutherly line of said Lot 3S�. EXCBPTING T'HEREFROi►1, any portion deeded for Lake Kashington Boule- •ara lior th. I - i I