HomeMy WebLinkAboutROE 8312050540 •
" � . • CAG 067-83
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22
RIGHT OF ENTRY
THIS INSTRUMENT is made this 18th day of August , 1983
by and between FIRST CITY EQUITIES, a Washington general partner-
ship composed of BARRY GELBART, DAVID SCHUMAN and FIRST CITY
DEVELOPMENTS CORP. , (hereinafter called "Grantor") , and the CITY
licr OF RENTON, a Municipal corporation of King County, Washington,
(hereinafter called "Grantee") .
Grantor, for and in consideration of the sum of Ten
ri Dollars ($10) paid by Grantee, and other valuable consideration,
does by these presents grant, bargain, sell, convey and warrant
OD unto the said Grantee, its successors and assigns, a right of
entry to place earth fill over, through, across and upon the
following described property in King County, Washington, more
particularly described in Exhibit 1 hereto (the "Site") . The
portions of the Site subject to earth fill placement are also
described in Exhibit 1 .
• Grantee, its successors or assigns, shall have the
right, without prior notice or proceeding at law, at such times
as may be necessary, to enter upon the above-described property
for the purpose of depositing earth fill, without incurring any
legal obligations or liability therefor, provided that such
depositing of said earth fill shall be accomplished in such a
manner that the private improvements existing on the property
and in the right(s) -of-way shall not be disturbed or damaged,
that they will be replaced in as good a condition as they were
immediately before the property was entered upon by the Grantee
and that Grantee shall comply with the other terms and conditions
hereof.
Grantor shall otherwise have full use and enjoyment
of the Site.
As an inducement to Grantor to grant this Right of
Entry, Grantee covenants as follows :
(1) Before entering on or commencing to add fill to
the Site, Grantee will obtain all necessary permits, licenses,
approvals and other governmental permissions and consents of
every kind and nature required for such entry and fill;
(2) In entering on and adding fill to the Site,
Grantee will comply with all applicable laws, rules , regula-
tions and orders, as well as the terms of all permits, licenses,
approvals, permissions and consents;
e ii? 7 (1
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(3) In adding fill to the Site, Grantee will not deposit
materials on the Site which are hazardous to life or property or
which violate applicable laws, rules, regulations or orders;
(4) If Grantor is advised by any governmental authority
that hazardous wastes have been placed on the Site during the course
of Grantee ' s adding of fill thereto, Grantee will promptly remove
such hazardous wastes at its sole cost and expense and restore the
Site to a level, graded condition;
(5) Grantee will indemnify, defend and hold Grantor harm-
v1 less from and against any and all claims, causes of action, demands,
losses, liabilities, costs , damages and expenses (including attorneys '
OD fees, but without waiver of the duty to hold harmless) arising from
or out of the entry of Grantee, its employees, contractors or agents
onto the Site or the placing of fill thereon, and will pay all
Grantor' s costs and expenses, including attorneys ' fees , incurred
in enforcing this duty to indemnify, defend and hold harmless;
(6) Before entering on the Site, Grantee will cause Grantor
to be named as an additional insured on Grantee ' s general liability
insurance policy and furnished with evidence thereof, and Grantee
will maintain such coverage and endorsement to be maintained in
effect during the term of this Agreement; and
(7) Grantee will comply with terms of the covenants (map)
on file in the- City- Clerk' s Office in Renton.
Grantor covenants that it is the lawful owner of the
Site and , has a good and lawful right to execute this Agreement.
IN WITNESS WIEREOF, the parties have executed this
Agreement as of the day and year first above written.
FIRST CITY ITIES (' an tor")
By
Barry 1 a partner
By
av'd Schuman, a partner
By: FIRST CITY DEVELOPMENTS CORP. ,
a partner
By � . G. NEL HOKONSON
Its VICE PRESIDENT
CONTROLLER&SECRt IARY
CITY OF RENTON ( "Grantee")
ATTEST 11-24. By TXI..kbahtu •��u RPOGk
City Clerk Its Mayor
-2-
PROVINCE OF BRITISH COLUMBIA )
ss :
COUNTY OF VANCOUVER
THIS IS TO CERTIFY that on this 25/L day of ,4U6U.Sf
1983, before me, the undersigned, personally appeared ,y�74,
/101C0AV50N , to me known to be vice ,oeES/ A/i eoNreocz rU
1.0 of FIRST CITY DEVELOPMENTS CORP. , a co-general partner of First
10 City Equities , the partnership that •executed the foregoing instru-
C ment, and acnowledged the said instrument to be the free and
voluntary act and deed of the said general partnership, for the
ri uses and purposes therein mentioned, and on oath stated that he
COD 7 is authorized to execute the said instrument.
WITNESS my hand and official seal h reto affixed the
day and year in this certificate first above kritten.
A NOTARY PUBh;IC in and for` the Province
of British Columbia
STATE OF WASHINGTON )
ss :
COUNTY OF KING )
THIS IS TO CERTIFY that on this \Q,- day of Nnvemher r
1983, before me, the undersigned, a Notary Public in and for
the State of Washington, personally appeared Maxine E. Motor and
Barbara Y. Shinpoch , to me known to be City Clerk & Mayor
of THE CITY OF RENTON, a municipal corporation, the corporation
that executed the foregoing instrument, and acknowledged said
instrument to be the free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned.
WITNESS my hand and official seal the day and year
in this certificate first above written.
k are
NOTARY PUBLIC in and for the State •
of Washington, residing at VAr (6A` ,
r -
•
STATE OF WASHINGTON )
COUNTY OF KING ) ss : .-
)
G THIS IS TO CERTIFY that on this
4 ' 1983, before me, � l c in ofa � �,
� the undersigned, a Notary Public and or the
O State of Washington, personally appeared DAVID M . SCHUMAN,
Inknown to be the person who executed the within and foregoing
me
C�2 insment, as a general partner of FIRST CITY EQUITIES, a Wash-
gton general partnership, and acknowledged the said instrument
ri
VIto be his free and voluntary act and deed and that of the partner-
ship for the uses and purposes therein mentioned.
WITNESS my hand and official seal the day and year in
this certificate first above written.
/9 /1(444.):-' ' ' '''.
NOTARY PU: IC � nd
n and r e state o
Washingt.�. , residing t �Gtrie4,4N {-.
STATE OF WASHINGTON )
) ss :
COUNTY OF KING )
THIS IS TO CERTIFY that on this � day of 460-L
1983, before me, the undersigned, a Notary Public in ands
State of Washington, personallyART, to me
t
known to be the person who executed theappeared within a rndGforegoing me
instrument, as a general partner of FIRST CITY EQUITIES, a Wash-
ington general partnership, and acknowledged the said instrument
to be his free and voluntary act and deed and that of the partner-.
ship for the uses and purposes therein mentioned.
WITNESS my hand and official seal the day and year in
this certificate first above written.
NOTA PU IC in nd for e Stat
Wash gton, resi ing at of
I
1 L'`'. II+w
EXHIBIT "A"
Tract "A" of the Plat. of Washington Technical Center according to the plat thereof
recorded in Volume 122 of plats, Pages 98 to 102, Records of King County, Washington.
And a portion of Tract "B" of said Plat of Washington Technical Center, recorded in
Volume 122 of plats , Pages 98 to 102, Records of King County, Washington, described
as follows:
Beginning at the Southeast of Tract "A" as shown on said plat;
Thence S. 73°04'46" E. a distance of 359.61 feet to the True Point of Beginning
said point being the beginning of a curve concave to the northeast having a radius
Cof 238.52 feet from which the center of the circle of said curve bears N. 16°55' 14" E. ;_
Thence along said curve through a central angle of 110°07 '09" an arc lenoth of 458.42 ft;
Thence N. 37°02'23" E. a distance of 204.96 feet;
In
Thence N. 20°23'07" E. a distance of 290.71 feet;
04 Thence S. 90°00'00" E. a distance of 274.74 feet;
' 4 Thence S. 0°00'00" W. a distance of 565.00 feet;
pip Thence N. 88°15'00" W. a distance of 248.97 feet;
Thence S. 0°00'00" W. a distance of 290.02 feet;
Thence N. 73°04'46" W. a distance of 135.51 feet to the True Point of Beginning.
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