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HomeMy WebLinkAboutE 9006210681 I , :, • ., Blume Distribution/Eland Center � ._. ;��.��u�� f����R� �T REQ�6E� �� F� �e tio. SA-112-89 ' • , ��t���E Of TH� CITY CLERK -, � : . �w �-.I:.f �ENT�� MUNICIPAL BIDG: �� 200 MILL AVE. S0. �ENTON, WA 98055 ����� � K:: r��� � WETLANDS COVENANT AND EASEMENT � _. . .. .. 's��, is Wetlands Covenant and Easement is executed this��t� day of , 1990, by ELAND BUILDING LIMITED PARTNERSHIP, a Was ' gton limited partnership ("Eland") , owner of the real es e described as Parcel 2 in attached Exhibit A, and by B & G RE ON PARTNERSHIP, a Washington general partnership ("B & G") , owner of the real estate described as Parcel 4 in attached Exhibit A. Eland and B & G shall be referred to collectively herein as Grantors. Grantors desire to impose a covenant upon and easement over the unimproved areas of Parcel 2 and Parcel 4 for the purposes described herein and subject to the provisions hereof. __ 1. Grant of Easement. Grantors hereby grant, for the � benefit of the City of Renton, a nonexclusive easement over and •.� across the unimproved areas of Parcel 2 and Parcel 4 for the � purpose of access to inspect such property to determine whether �� certain wetlands located on such property have been properly � maintained and protected by the owners of Parcel 2 and Parcel 4 . � In no event shall this easement interfere with the construction, � maintenance or reconstruction of any improvements on Parcel 2 and Parcel 4. The route of access shall be determined as provided in paragraph 4 below. 2. Term. With respect to Parcel 2, this Covenant shall continue in effect and shall be binding on Parcel 2 for as long as the project identified as Building A under project number ECF; SA-112-89 in the files of the City of Renton, and commonly known as the Eland Building, continues to exist. With respect to Parcel 4, this Covenant shall continue in effect and shall be binding on Parcel 4 for as long as the project identified as Building B in the above referenced City of Renton files continues to exist. 3. Easements in Gross. The easements granted herein are easements in gross and are personal to the City of Renton, provided, that the City of Renton shall have the limited right to assign its rights under these easements to any other governmental authority having jurisdiction over maintenance and protection of the wetlands. 4. Exercise of Easement Rights. The City of Renton shall exercise easement rights hereunder no more than once each calendar year on each parcel. In the event the City of Renton de�ires.to enter either Parcel 2 or Parcel 4 for the purpose of ,� e�''e�c3sing its easement rights, it shall give such notice as may = :M . _ r- ,� ,�..' . - w=- �' ;> - 1 - �,, '_' `�'':�-�{� ,... ,ei��� �,�j,�; , I��Q�It .. � -... � �tr►Q Cu. i�t.;�;��'�s Uivision .a � LL`�. ; � � ��, �`;.__'�,-�:����t� ;.�::.�, Depc , � �� �� �:p. ,� p00�040/�"''�!. � �'. �'�f�1 c� :�c�r�!,���. iti � ` ' ;•s��..� C'��r',*REtJ7'GN . , ��`� '� � i !� �� � ��V����i'' � ,.. 4��.'� be reasonable under the circumstances to the then owner of;' such parcel. Such owner may designate a route or routes of access to .. the wetlands that allow the City of Renton to exercise its � ` ' `s �' `�;�' ��_..� easement rights in a way that least interferes with such owner's activities on its parcel. 5. Notices. All notices, requests, demands and other communications required or permitted under this Covenant shall be in writing and shall be deemed to have been duly given, made and received when delivered or deposited in the United States mail, certified mail, postage prepaid, to the address as set forth below: To Parcel 2 Owner: Eland Building Limited Partnership c/o Sid Eland, Inc. 6000 Sixth Avenue South P.O. Box 80187 Seattle, Washington 98108 Attn. : Sid Eland, Jr. To Parcel 4 Owner: B & G Renton Partnership c/o Bruce Blume & Company � 146 North Canal Street, Suite 310 �� Seattle, Washington 98103 � Attn. : Bruce Blume/Jim Garrison C�� To the City of Renton: Community Development Department 0 City of Renton � 200 Mill Avenue South � Renton, Washington 98055 Notices shall be sent by certified mail or by personal delivery, and shall be effective upon deposit in the U.S. mails if mailed or upon actual receipt if delivered. The notice addresses above may be changed by giving written notice pursuant to this section. 6. No Merger. The easement granted hereunder shall not merge with any other estate or interest in the real property affected hereby. 7. Successors and Assigns. The benefits and burdens arising hereunder shall run with Parcel 2 and Parcel 4 and shall �v}o�.��� #+���:� a RECG F i G.OC{ _ 2 _ REGFEE 2.00 Gt�SHSL '���1�.O� 55 C��.;iC�i,v�',L be binding upon and inure to the benefit of the successors and assigns of Grantors with respect thereto. DATED: l , 1990. ELAND BUILDING LIMITED PARTNERSHIP, a Washi gton limited partnership h� �t/�i� ���J ilu�t�At/6 ��P. �� BY= Ti le: � � B & G RENTON PARTNERSHIP, a Washington gener partnership u--i ' �..� ruce M. Blume �=-- Managing General Partner C�.; � O � STATE OF G��h ) � � ss. COUNTY OF �✓� ) On t ' s (���� day o f ���an 4___ , 19 9 0, before me, the undersigned, a Not y Public in and for the State of Washington, duly commissioned and sworn, personally appeared �;� j_(a11� �c�. , to me known to be the /1/Jo�/f�2 �A� �,j��p, l� 1�r�5fc�e.� of - , the RulcD/�/G corporation to me known to be the general part er f land Building Limited Partnership, the limited partnership that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation and said limited partnership, for the uses and purposes therein mentioned, and on oath stated that the �� C,:�"i OF R�t�7CP1 3��� �;, � � � �� - 3 - ` ,��� �3 �'" d��l� , �;���..��$'i� �:IViSiOi�l I I C�."=i i�I��.�'h L , �, � � • ' . . corporation was authorized to execute the said instrument on behalf of the limited partnership. WITNESS my hand and official seal hereto affixed the day and year first above written. _ L ` NOT Y PUBLI in and f r the State , _ of�Wa,shington, residing at My appointment expires: G'( - (-`� � STATE OF �,t�f15(•�i�n� ) J ) ss. COUNTY OF ',.� ) � On is �� day of , 1990, ,,� before me, the undersigned, a Not r Public in and for the State � of Washington, duly commissioned a sworn, personally appeared N Bruce M. Blume, to me known to be the managi general partner of OB & G Renton Partnership, the general partne�hip that executed � the foregoing instrument, and acknowledged the said instrument to � be the free and voluntary act and deed of said general partnership, 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 day and year first above written. �� NOT Y PUBL C in and r the State of Washington, residi at � My appointment expires: �-� -� ( contain\easement.w5 (6/14/90) � � ^�C J C�i3 ���� �' �- 0 V ��. �� � t A �1�� 3 �:, �;.;,� - 4 - � �, .,��,,, . jE�) f'� �Y �n�•'�..��'��fY�J�I..'1� . ..a.aa.�. �. .��g� . C':�,:�6 C�1 P�!�L� 4 �� � .r � � . , . �''X�13_'t?l� f� PARCEL 2 : THAT PORTZON OF THE NORTHWEST QU7�RTER AND GOVERNMENT LOT 1, SECTION 24 , TOWNSHIP 23 NORTH, RANGE 4 EAST, WIIZJ�METTE MERIDIAN, IN KING COUNTY, WASHINGTON 11ND THE SOUTHWEST QUJhRTE?2 J1ND GOVERNI�iENT LOT 6, SECTION 13 , TOWNSNIP 23 NORTH, RANGE 4 EAST, t��LIJ�IETTE MERIDIAN, ALI, IN KING COUNTY, WASHZNGTON, MORE PARTICULJ�RIrY DESCRIBED AS FOLLOWS: COI�iENCING AT THE QUARTER CORNER BETWEEN SECTION 13 AND 24 , IN SAID TOWNSHIP AND RANGE; THENCE NORTH 87 DEGREES 26'48" WEST, ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER 1214. 00 FEET TO THE WESTERLY MARGIN OF COUNTY ROAD N0. 3 , CHARLES MONSTER ROAD� SOUTHWEST AND NOW KNOWN AS STEEL HILL ROAD; THENCE SOUTH 32 DEGREES 29'S1" EAST, ALONG SAID WESTERLY MARGIN 85. 34 FEET TO A POINT OF TANGENT CURVATURE CONCAVE TO THE SOUTHWEST HAVING A RADZUS OF 256.48 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH AN ARC OF 31 DEGREES 04'S7" , AN ARC LENGTH 139. 1a FEET TO A POZNT WHICH IS 30 FEET WESTERLY, PERPENDICULAR TO SAID CENTERLINE OF STEEL HILL ROAD; THENCE SOUTH O1 DEGREES 24'S1" F.�►ST, AIANG SAID WESTERLY MARGIN 268 . 00 FEET; • _.,_. THENCE SOUTH 88 DEGREES 35'09" WEST 436.55 FEET; c� THENCE SOUTH 02 DEGREES 33' 12" WEST 115.03 FEET; �� THENCE SOUTH 70 DEGREES 05�34" WEST 95.47 FEET; � THENCE SOUTH 88 DEGREES 37' 17" WEST 105. 38 FEET; N THENCE NORTH 1 DEGREES 22'43" WEST 437.90 FEET TO THE TRUE POINT CF � BEGINNING; O THENCE SOUTH 88 DEGREES 03'09" WEST 283.04 FEET; � THENCE SOUTH 54 DEGREES 28'10" WEST 490.44 FEET TO THE EASTERLY MARGIN � OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY RIGHT OF WAY; THENCE NORTH 28 DEGREES 11'33" WEST ALONG SAID EASTERLY MARGIN 115 . %� FEET; THENCE ON A CURVE TO THE RIGHT HAVING A RADIUS OF 411.73 FEET AND ALONG SAID EASTERLY MARGIN 57.49 FEET; THENCE NORTH 20 DEGREES 11�33" WEST ALONG SAID EASTERLY MARGIN 156 . G1 FEET; THENCE ON A CURVE TO THE RIGHT FiAVING A Ra►DIUS OF 523 . 68 FEET AND ALONG SAID EASTERLY MARGIN 419. 12 FEET TO A POINT ON A NON—TANGENT CURVE HAVING A RADIUS OF 667 .96 FEET, THE RADZUS POINT OF WHICH BEARS NORTH 6 DEGREES 57' 18" WEST; THENCE EASTERLY ALONG S1►ID CVRVE 102.86 FEET; THENCE NORTH 83 DEGREES 41�02" FJ�ST 60.83 FEET; THENCE NORTH 74 DEGREES 13�19" EJ1ST 47.60 FEET TO A POINT ON THE SOUTHERLY MARGZN OF CFURLES MONSTER COUNTY ROAD SOUTHWEST, SAID POINT BEING ON A CURVE H�►VING A RADIUS OF 238.99 FEET, THE RADIUS POINT OF WHICH BEARS NORTH 17 DEGREES 19'04" EAST; THENCE EASTERLY ALONG SAID CVRVE AND SOUTHERLY MARGIN 80.36 FEET; THENCE NORTH 88 DEGREES 03�09" EAST AI�ONG SAZD SOUTHERLY MARGIN 470. 93 FEET; THENCE SOUTH 1 DEGREES 56�51" FJ►ST ALONG S11ID SOUTHERLY MARGIN 10. 00 FEET; THENCE NORTH 88 DEGREES 03'0907 FJ►ST ALONG SAID SOUTHERLY MARGZN 26. 53 FEET TO A POZNT WHICH BEARS NORTH 1 DEGREES Z2'43" WEST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 1 DEGREES 22'43" EAST 450.00 FEET TO THE TRUE POINT OF BEGINNING. v• 7l,tii itCFii'G�V�•�m,x y 'A�� i' � � � �� ��,�� � �� 2 a ,,1UN T 9 1��� � � � �t�'o��:����c� ����siot� C":; :!�li`.,�LiL PF�I?C�'L 4 : THAT PORTION OF THE NORTHWEST QUARTER OF SECTZON 24 TOWNSHIP 23 NORTH, R.ANGE 4 EAST, WZLLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COAQiENCING AT THE QUARTER CORNER BETWEEN SECTION 13 AND 24 IN SAID TOWNSHIP AND RANGE; THENCE NORTH 87 DEGREES 26'48" WEST ALONG THE NORTH LINE OF SAID NORTHWEST QLJARTER 1214 .00 FEET TO THE WESTERLY MARG2N OF COUNTY RCAD ::C. 8, CHARLES MONSTER ROAD SOUTHWEgT; THENCE SOUTH 32 DEGREES 29'S1" EAST ALONG SAID WESTERLY MARGIN 85. 34 FEET; THENCE ON A CURVE TO THE RIGHT HAVING A RADIUS OF 256.48 FEET A DISTANCE OF 139. 14 FEET; THENCE SOUTH 1 DEGREES 24'51" EAST ALONG SAID WESTERLY MARGIN 268 . 00 FEET; -- THENCE SOUTH 88 DEGREES 35�09" WEST 436.55 FEET; � THENCE SOUTH 2 DEGREES 33'12" WEST 115.03 FEET; '� THENCE SOUTH 70 DEGREES 05'34" WEST 95.47 FEET; � THENCE SOUTH 88 DEGREES 37' 17" WEST 105.38 FEET TO THE TRUE POINT �F �; BEGINNING; � THENCE NORTH 1 DEGREES 22'43" WEST 437.90 FEET; � THENCE SOUTH 88 DEGREES 03'09" WEST 283.04 FEET; � THENCE SOUTH 54 DEGREES 28' 10" WEST 490.44 FEET TO THE EASTERLY MARGIY OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY RZGHT �. WAY; THENCE SOUTHERLY ALONG SAID EASTERLY MARGIN 1610. 67 FEET TO A POINT Oid THE WESTERLY MARGIN OF COUNTY ROAD NO. 8, CHARLES MONSTER ROAD, SAID POINT BEING ON A NON—TJ�►NGENT CURVE HAVING A RADZUS OF 250. 37 FEET, THE RADIUS POINT ON WHICH BEARS NORTH 66 DEGREES 59'43" EAST; THENCE NORTHERLY ALpNG SAID CURVE AND WESTERLY MARGIN 250. 59 FEET TO TuE SOUTHWESTERLy LINE, OF A TRACT OF LAND DESCRIBED IN DEED FILED UNDER RECORDING NUMHER 8606190933 , IN KING COUNTY, WASHINGTON; THENCE NORTH 48 DEGREES 12�23" WEST ALONG SAID SOUTHWESTERLY LINE 420 . 25 �EET; THENCE NORTH 9 DEGREES O1'S5" EAST ALONG THE WESTERLY LINE OF SAID TRACT 125. 00 FEET; THENCE NORTH 46 DEGREES 16�56" EAST ALONG THE NORTHWESTERLY LINE OF SAID TRACT 17. 69 FEET; THENCE NORTH 4 DEGREES 58'17" WEST 410.23 FEET TO THE TRUE POINT OF BEGINNZNG. : �„�.�.�...,,��.:� Cf�Y OF HEliTON �� � � e � ED. a ���� R � ��v� Page 2 �� 2 � E3�S�F...1:�zz�� �d��S301�! �'�`�'21 G 1 S'�!/-�L