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Home My WebLink AboutE 9006210679r - �►: ��r r Earl ington Apartmen�ts Rezone ��ED FOR R.ECQRR�A��1��T'�� °''� R-oo7-s9, SA-0o5-$9 OFFICE OF THE CITY GL�RK RENTON MUNICfPAI BLDG. g�F,��..:,ii #�.��,� � 200 MILL AYE. S0. , �Eec� fi ��.�� RENTON, WA 98055 ��J� �� `3� qf EASEMENT AGREEMENT �'�arlington Woods Apartments) �'ECFEE .�.ot� �1' � r�:- i.�� . . . - CR�:t-{�•L '��:r.l'�.Cs;_l [��-� t�r:r }\ X �r`, 55 Iti 1�.� {J <'—:l t_� .. . t�i►.el' i y:;:.E��.. .-'' ;:�u C� _ This Easement Agreement, made and entered into this i l tnday of June , 1990 by and between Holly Homes Company d/b/a The Holly Corporation, Managing General Partner of Earlington Place Limited Partnership or assigns ("Owner") and the City of Renton or assigns ("City") is based on the Recitals and is subject to the Terms and Conditions that follow: RECITALS: WHEREAS, Holly Homes Company d/b/a The Holly Corporation, Managing �'�' General Partner of Earlington Place Limited Partnership or assigns is the owner of certain ,� real property legally described on Exhibit A incorporated herein by this reference O ("Property" herein); and c� G WHEREAS, the Property is in the process of being developed as a multi-family � residential project ("Project" herein); and Cn WHEREAS, there are identified archaeological sites on the Property which the City SEPA Official, in issuance of a Determinination of Non-Significance-Mitigated on April 26, 1989, has required to be covered by protective easements in favor of the City of Renton, Washington, or assigns as a mitigating measure; and WHEREAS, the Owner is desirous of complying with the City SEPA Official's conditioned recommendations. NOW, THEREFORE, the undersigned covenant, grant and agree as follows: TERMS AND CONDITIONS: 1. Easement Propertx: The identified archeological sites subject to this easement ("Easement Property" herein) are legally described on Exhibit B which is attached hereto and incorporated herein by this reference. 2. No Permanent Structures: Owner agrees to maintain the Easement Property free of permanent structures. 3. Asphalt Coveraae: Owner agrees to place or cause to have placed asphalt over the surface of the Easement Property. 4. Limited Access: Owner agrees to provide access for archaeological excavation if the City of Renton's assignee desires such excavation at some future date; provided however, that such excavation will be done in stages and in such a manner as to allow emergency vehicles and routine traffic access, ingress and egress across the Easement Property. : `�f�� .� ; REQUI� K1t�q Co. Rer:�r�s Division ��-'K-- � ___,.__ � Dep� poo�000� c^-_ ; . �;��, �ca• `r�/• 1/ C��IG1f��L .l,! ��Y: ' Y � , . . , , , � r , 5. Restoration: If any excavation of any type is performed on the Easement Property, the City's assignee agrees to fully restore the Easement Property to its condition prior to such excavation work. 6. Indemnity/Hold Harmless: City's assignee agrees to indemnify and hold Owner harmless for any injury or damage of any sort resulting directly or indirectly from any activities relating to work or excavation on the Easement Property. City's assignee also agrees to post a minimum $1,000,000 comprehensive liability insurance policy during any excavation and restoration operation, and to name Owner as an additional insured on said policy. 7. Assi_qnee: City may only assign this easement to a recognized archeological exploration organization, Native American archeological organization, or other recognized research institution such as the University of Washington. This assignment must have the consent of the Owner, which consent will not be unduly witheld. � The undersigned assent to the foregoing terms and conditions. � O cV Holly r�omes �ompany, City of Renton, Washington � d/b/a The NQ�Iy� Corporation, � a V�lashington cor�oration, Managing General t'artn�r ox Earlington Place Limited Partnership � ��.�.� . �C � By � ,e.'�-Cc By �- Daniel M. Kelle Ear Clymer ItS President tg Mayor `-- ATTEST: � , �(Z`L4��,,� Marilyn J. etersen, City Clerk Appraved rm: By F*"�a'�` City Attorney, ity of Renton C�:��:I;�l�iL STAT.�. OF�!-'c�---� �� .� ��j . ; : :;,r . Y . , . , , . , �----� �ss. • County of_ -� ,� i , .-Q _� - � dL�, " On this_ �� day of �� -� �_ ! ` A. D. 19� before mx, the under- signed, a !�otary Public in and i the ate Af �'�4--� ��-�--z-� �� duly commiasioned and aworn personal:y appearcd ��d�� --�_ - �'- � �� a�� !o me I nown to b he Presid nt , , y, of � ��_ �-��_ � '-��,�� t,�_�. � �"�i � � - . c.. . �, _ _�. the corporati n that ezccuted the foreg ing ins mcnt, and acknowledged the said' nstrument 'o be the free and volun� tary att and deed of said corporation, for the uses and purpwes therein mentioned, and on oat� itated that_he -�--;ti�. � authorized to ezecute the wid instrument and that the seal affized is the corpoTate seal of said corporation. WITNES;`��d and official seal hereto affixed the and year in this certi5cate above Mrritten. �� `SCH �� -t�.�Z�-��-�� Q►• .....�� I � , �� :� N N��Q ,�� • Pub�ic in �ad For t °F r :O i�� y�� *r he Suce �; �7 NOTA� r � re�idinQ at / � I� PUB``C Zj (Acknowledgment b� Corporation. Puget Sound Title Compan�► �T-,z i,�9>` �`Q—qA 't�� '�h�F WAS��c�C'r Gr, ��`. 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EARLINGTON WOODS LEGAL DESCRIPTION NORTH PARCEL ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON BEING A PORTION OF THE Pl�4T OF EARLINGTON, RECORDED IN VOLUME 14 OF PLAT, PAGE 7 (A.F.N. 433749), RECORDS OF KING COUNTY, WASHINGTON, AND A PORTION OF THE SOUTHWEST QUARTER OF SECTION 18,TOWNSHIP 23 NORTH, RANGE 5 EAST OF THE WILtAMETTE AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY OF A STREEr SHOWN ON SAID PLAT OF EARLINGTON (MAPLE AVENUE SOUTHWESI� WHICH IS FURTHER DESCRIBED AS BEING NORTH 52 23 11 EAST, 1694.30 FEET FROM THE e , „ SOUTHWEST CORNER OF SECTION 18,WITH A REFERENCE BEARING OF SOUTH 89 10'04" EAST TO THE SOUTH QUARTER CORNER OF SAID SECTION 18; THENCE FROM SAID POINT OF BEGINNING SOUTH 29°56'06" WEST, 83.86 FEET; THENCE TANGENT TO THE PRECEDING COURSE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 270.00 FEET AND A CENTRAL ANGLE OF 5�50'14", AN ARC LENGTH OF 281.98 FEET; THENCE TANGENT TO THE PRECEDING CURVE � SOUTH 2�54'08" EAST, 62.16 FEET; THENCE TANGENT TO THE PRECEEDING � COURSE ALONG THE ARC OF A CURVE TO THE LEFT' HAVING A RADIUS OF 20.00 � FEET AND A CENTRAL ANGLE OF 90°00'00", AN ARC LENGTH OF 31.42 FEET; THENCE TANGENT TO THE PRECEDING CURVE NORTH 6�05'S2" EAST, 638.12 � FEET; THENCE TANGENT TO THE PRECEDING COURSE ALONG THE ARC OF A � CURVE TO THE LEFT HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF � 90°00'00", AN ARC LENGTH OF 54.98 FEET TO POINT ON THE WESTERLY RIGHT-OF- WAY LINE OF EDWARDS AVENUE SOUTHWEST(60 FEET WIDE); THENCE TANGENT TO THE PRECEEDING CURVE ALONG SAID WESTERLY RIGHT-OF-WAY LINE NORTH 25°54'08N WEST, 1032 FEEf; THENCE TANGENT TO THE PRECEEDING COURSE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS 1496.43 FEET AND A CENTRAL ANGLE OF 01°52'23", AND ARC LENGTH OF 48.92 FEET;THENCE NORTH 88°31'43" WEST, 537.55 FEET TO SAID SOUTHEASTERLY RIGHT-OF-WAY OF MAPLE AVENUE SOUTHWEST; THENCE SOUTH 25'S6'06" WEST, 32.53 FEET TO THE POINT OF BEGINNING. SOUTH PARCEL ALLTHAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF RENTON,COUNTY OF � KING, STATE OF WASHINGTON BEING A PORTION OF THE PIAT OF EARUNGTON, RECORDED IN VOLUME 14 OF PLAT, PAGE 7 (A.F.N. 433749), RECORDS OF KING COUNTY, WASHINGTON, AND A PORTION OF THE SOUTHWEST QUARTER OF SECTION 18,TOWNSHIP 23 NORTH,RANGE 5 EAST OFTHE WIUAMETfE AND BEING MORE PARTICUl�1RLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY OF A STREET SHOWN ON SAID PLAT OF EARLINGTON (MAPLE AVENUE SOUTHWES� WHICH IS FURTHER DESCRIBED AS BEING NORTH 52 23'11" EAST, 1694.30 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION 18, WITH A REFERENCE BEARING OF SOUTH 89°10'04" EAST TO THE SOUTH QUARTER OF SAID SECTION 18; THENCE FROM SAID POINT OF COMMENCEMENT SOUTH 29' S6'06 WEST, 83.86 FEEf; THENCE TANGENT TO THE PRECEEDING COURSE ALONG THE ARC OF A CURVE TO THE C�?IGiN�L � �`.. �', r,�� . .. . . . . � . ' LEFT HAVING A RADIUS OF 270.00 FEET AND A CENTRAL ANGLE OF 59�50'14", AN ' ' ARC LENGTH OF 281.98 FEET; THENCE TANGENT TO THE PRECEDING CURVE �OUTH 29�54'08" EAST, 62.16 FEEf; THENCE TANGENT TO THE PRECEEDING COURSE ALONG THE ARC OF A CURVE TO THE LEF7 HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90�00'00", AN ARC LENGTH OF 31.42 FEET; THENCE TANGENT TO THE PRECEDING CURVE NORTH 60�05'S2" EAST, 638.12 FEEr; THENCE TANGENT TO THE PRECEEDING COURSE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 9�00'00", AN ARC LENGTH OF 54.98 FEET TO A POINT OF CUSP AT A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF EDWARDS AVENUE SOUTHWEST (60 FEET WIDE); THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 29°54'08" EAST, 130.00 FEET TO A POINT OF CUSP AND THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE FROM A TANGENT THAT BEARS NORTH 29`54'08"WEST ALONG THE ARC OF A CURVE TO THE LE�'HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 90°00'00', AN ARC LENGTH OF 54.98 FEET; THENCE TANGENT TO THE PRECEDING CURVE SOUTH 60°05'S2" WEST, 688.12 FEET; THENCE TANGENT TO THE PRECEDING COURSE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 330.00 FEET AND A CENTRAL ANGLE OF 3�11'17", AN ARC LENGTH OF 196.91 FEET'; THENCE SOUTH 15°53'28" WEST, 45.00 FEET TO THE NORTHERLY LINE OF THE RAIL ROAD RIGHT-OF-WAY; THENCE CONTINUING ON SAID NORTHERLY RIGHT-0E-WAY OF RAIL ROAD, ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS NORTH 04°05'S4" � EAST, HAVING A RADIUS OF 1860.08, AND A CENTRAL ANGLE OF 16°46'40", AN ARC o LENGTH OF 544.68 FEET'; THENCE TANGENT TO THE PRECEDING CURVE NORTH ,_ 77°19'14" EAST,462.99 FEET TO SAID WESTERLY RIGHT-OF-WAY LINE OF EDWARDS C�; AVENUE SOUTHWEST; THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT C WHOSE RADIUS POINT BEARS SOUTH 66�32'49"WEST, HAVING A RADIUS OF 1449.10 � FEET AND A CENTRAL ANGLE OF 06'°26'57", AN ARC LENGTH OF 163.11 FEET; Q` THENCE TANGENTTO THE PRECEDING CURVE NORTH 2�54'08"WEST, 148.28 FEET TO THE POtNT OF 6EGINNING. C'?1Gii`.�AL . � �,� � r.�. ' � • • ' . 1 � • I � . EXHIBIT B - ARCHAEOLOGICAL SITES LEGAL DESCRIPTION PORTION OF ARCHAEOLOGICAL AREA 2 TO BE PRESERVED BY EASEMENT Commencing at the Southwest corner of Section 18, Township 23 North, Range 5 East of the Willamette Meridian, King County, Washington; thence North 44�25'22" East for a distance of 831.54 feet to a point on the Northeriy boundary of the Pacific Coast right- of-way as shown on the Main line right-of-way and Track Map, Pacific Coast Railroad, Sheet 5 of 11, Volume 2 - Washington, Records of the Burlington Northern Railroad, said point being on the Southerly boundary at the Plat of Earlington, Recorded in Volume 14 of Plats, Page 7 (A.F. #433749) Records of King County, Washington; thence North 7�' 40'55" East 1410.08 feet; thence South 60°05'S2" West 103.75 feet; thence North 29� 54'08" West 81.45 feet to the True Point of Beginning. Thence South Od 05'S2" West 30.93 feet; thence South 60°05'S2" West 10.74 feet; thence North � 89'S4'08" West 52.90 feet; thence North 29`54'08" West 8.40 feet; thence North OCPS'S2" � East 23.66 feet; thence North 60°05'S2" East 10.74 feet; thence South 89°54'08" East 0 57.10 feet to the True Point of Beginning; containing 2347.44 square feet. ``1 �.� � PORTION OF ARCHEOLOGICAL AREA 3 TO BE PRESERVED BY EASEMENT � Commencing at the Southwest corner of Section 18, Township 23 North, Range 5 East of the Willamette Meridian, King County, Washington; thence North 4�24'22" East for a distance of 831.54 feet to a point on the Northerly boundary of the Pacific Coast Railroad right-of-way as shown on the Main line right-of-way and Track Map, Pacific Coast Railroad, Sheet 5 of 11, Volume 2 - Washington, Records of the Burlington Northern Railroad, said point also being on the Southerly boundary of the Plat of Earlington, Recorded in Volume 14 of Plats, Page 7 (A.F. #433749), Records of King County, Washington; thence North 77°00'S4" East 1426.37 feet; thence South 6C�'05'52" West 77.30 feet to the True Point of Beginning; thence South 35�05'S2" West 17.10 feet; thence South 4�°35'S2" West 15.60 feet; thence South 60�05'S2'" West 20.75 feet; thence North 6�'24'06" West 14.00 feet; thence North 60'05'S2" East 59.41 feet to the True Point of Beginning; containing 478.86 square feet. 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