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HomeMy WebLinkAboutE 20010815000701 . y �� . , � � Rettarn Acldr•ess: City Clerk's Office City of Renton 200 Mill Avenue South Renton, WA 98055-2189 20010815000701 CHICAGO TITLE EAS PAGE 001 OF 010 KING�COUNTY13WA6 Title: UTILITIES EASEMENT Pro erty Tax Parcel Number: 345050-0050-03 Project File#: Honeydew Too Condominium Street Intersection: Whitman Court NE Reference Number(s)of Document amended by this easement by request of the City of Renton: 7509120573 Grantor(s): Grantee(s): �-- 1. Cascade Heights Investors LLC, a 1. City of Renton, a Municipal Corporation �, Washington limited liability company; � 2. RMVW LLC, a Washington limited � liability company; 3. RMFR LLC, a �,p�l`.,;t�GC ��y�-'- `��`�� v� � Washington limited liability company; ��r#5�-�`�"�� 4. BFR LLC, a Washington limited �'�� ��'� � liability company � �� �-- The Grantor, as named above, for or and in consideration of mutual benefits, hereby grants, `-�' bargains, sells and delivers to the above named Grantee, the following described property: �� � LEGAL DESCRIPTION: That portion of Section 10, Township 23 North, Range 5 East, W.M. in King County, Washington more particularly described on attached Exhibit A and depiited or. a±t�che4 Exhibit B. This easement replaces that certain easement recorded under King County Recording Number 7509120573 attached hereto as Exhibit C. Pagc 1 of 10 That said Grantor(s),for and in consideration of mutual benefits,do by these presents,grant,bargain,sell, convey, and warrants unto the said Grantee, its successors and assigns, an easement for public utilities(including water,wastewater, and surface water)with necessary appurtenances over,under,through, across and upon the property(the right-of-way) in King County,Washington,more particularly described on page 1. For the purpose of constructing,reconstructing,installing,repairing,replacing,enlarging, operating and maintaining utilities and utility pipelines,including,but not limited to,water, sewer and storm drainage lines, together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefor. Following the initial construction of its facilities, Grantee may from time to time construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions: 1. The Grantee shall,upon completion of any work within the property covered by the easement,restore the surface of the easement,and any private improvements disturbed ar destroyed during execution of the work, as nearly as practicable to the condition they were in immediately before commenceinent of the work or entry by the Grantee. 2. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. Grantor shall not,however,have the right to: a. Erect or maintain any buildings or structures within the easement; or b. Plant trees, shrubs or vegetation having deep root patterns which may cause damage to ar interfere with the utilities to be placed within the easement by the Grantee; or r._ `'� c. Develo landsca e or beautif the easement area in an wa which would unreasonabl increase �., P, P , Y Y Y Y � o the costs to the Grantee of restoring the easement area and any private improvements therein. cW: C7 u-, d. Dig,tunnel or perform other forms of construction activities on the property which would disturb the compaction or unearth Grantee's facilities on the right-of-way, or endanger the lateral support ; facilities. c� r_. e. Blast within fifteen(15)feet of the right-of-way. � c� �' This easement shall run with the land described herein, and shall be binding upon the parties,their heirs, successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. By this conveyance, Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person ar persons,whomsoever,lawfully claiming or to claim the same. This conveyance shall bind the heirs, executors,administrators and assigns forever. IN WITNESS WHEREOF,said Grantor has caused this instrument to be executed this�' day of�2001. 41 GRANTEE: CITY OF RENTON a Washington municipal corporation By: c Its: Page 2 of 10 GRANTORS: CASCADE HEIGHTS INVESTORS LLC, a Washington limited liability company By: CASCADE HEIGHTS MANAGER LLC, a Washington limited liability company, Its: Manager �- By: � � egory eckel, its Managing Manager 0 c__. � �.C? e--- 7�T,{ T T � 1�LV1VW LLC� ��� a Washi n limited liability company •---- � �_� B . C�J Robe Mi er, its Manager RMFR LLC, a Washin limited liability company By: Robe Mille , its Manager BFR LLC, a V�,�asil' gton lim' d liability company By: regory eck , its Man ger H:\div\propserv\forms\amnd_esm/tgb10/98 Page 3 of 10 . • , � Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING ) �������� 1 certify that I know or have satisfactory evidence that GREGORY BECKEL as \ ����E. G��/��� managing manager of CASCADE HEIGHTS MANAGER LLC,a Washington �Q. .,•'SSIO/��"••, �1� limited liability company,the manager of CASCADE HEIGHTS INVESTORS LLC, ' � a Washin ton limited liabilit com an si ned this instrument and acknowled ed it i : � �•. �/ g Y P Y, S g � :U t`10�Y ��. �� to t e free and voluntary of such companies for the uses and purposes � . % me ti ned in the instrume � �l �, �'UBUC , � l�+o��''e'�g-0`L'.� i �--- ����OJc���c��i``= Nota Public in an.i for t e State of ash`i� ton `� ���`������ Nota (Print) C =1C, �v o My appointment expires: — 1 -f�Z �r' Dated: $'-' 1 p— O 1 ��� � •--�- � �:z . Notary Seal x �r�Z��nc� c:.a �� STATE OF`��43� )SS N COUNTY OF-�ffia+m�t ) 1 certify that I know or have satisfactory evidence that ROBERT MILLER as manager of RMVW LLC,a Washington limited liability company,signed this instrument and � acknowledged it to be the free and voluntary act of such company for the uses and �7C purposes mentioned in the instru w�� � ; ' lV,�- � ��� �.� �-e , �.�.%` o� g� �,�•�� f tary Public i and�or the State of�Ski�err 1�✓"���'+'�`� S� � cr� .��,' Notary(Print) ` ��Z`� �J� ����u"-� �• � My appointment expires: M�`�l t • ���3 � $ Dated: �� �r��� H:\div\propserv\forms\amnd_esm/tgb 10/98 Page 4 of 10 Notar Seal must be it � ox �— Y 1 Z��r�Gy, �A ./.`�=�`'�j�.:�, STATE OF'Vd7�S'F�N ) � • •'�r'F%S'�I�i , SS COUNTY OF�� �+�'�A ) • I certify that f know or have satisfactory evidence that ROBERT MILLER as manager �,,�7 ;� of RMFR LLC,a Washington limited liability company,signed this instrument and _` acknowledged it to be the free and voluntary act of such company for the uses and ,� � �, purposes mentioned in the instrument r- � � � �� . ���� �� c� «��;'c°�J ?'�� -, = � Notary Public in and for the State of��f�r'�z�r�c-� r�, �p n"4 �.��,� �.. o� � � �; �'�; � � Notary(Print)_ k-�.2�2.y ��a ttttl�o,"�� � `''�� � � My appointment expires: {Y11��i 1�' , ;3C.�-��3 3z. � � %� �_ , ro �, Dated: `� I �� I�� � , �-. �a �� � Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING ) �.���� —�� G l�/\��1 I certify that I know or have satisfactory evidence that GREG BECKEL as manager of i��••'c�\ON� ��tS���� BF LC,a Washington limited liability company,signed this instrument and �Q :�5 ��•,, l� ac o ledged it to be the fr nd voluntary act of such company for the uses and % �'O NO��y �N; �/ pu o s mentioned in the ' str ecu, � ;U / �j PUBU�'' i I �' � ��1 sj;• 8.�g.o?:•' � Nota Public in and for the State W shingt ����pF' _= Nota (Print) r � �' ��`������` My appointment expires: � — 2- G�I''— ! Dated: •� i � - (,� H:\div\propserv\forms�amnd_esm/tgb10/98 Page 5 of]0 Notary Seal must be within box REPRESENTATIVE FORM OFACKNOWLEDGMENT STATE OF WASHINGTON )SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that Gregg Zimmerman ��������� � F�R�'C/���� signed this instrument,on oath �%Q.C; •�`pN�.CtS���) stated that he/she/they was/u�e authorized to execute the instrument and � O,'��S '�',o'• y I acknowledged it as the Administrator of City of Renton Planning/Building/Public �--- �?:�`� pTARY 9m:� ��� Works Department to be the free and voluntary act of such party/parties for the uses c� � :� N�-•� U�• � and purposes mentioned in the instrument. o ' IC+ i _ . � c3 � c, /����cS'>;••.,.5 9 pA. i C • � ,�, ���� '"•••''� �. _= Notary Pu b lic in an d for t he St e f Was hington �-- �����W�= Notary(Print) t /� r� K, I!�(��-'1`�A'� � My appoin ment expires: � a -�- Dated: $�q ��0�'1 a...-. � � � Page 6 of 10 EXHIBIT A Sewer Line Easement Description A STRIP OF LAND 15 FEET IN WIDTH BEING 7 . 50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE OVFR THAT PORTION OF THE r._ NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST c� QUARTER OF SECTION 10 , TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. , � DESCRIBED AS FOLLOWS : � =� COMMENCING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; � THENCE SOUTH 88� 39'O1" EAST 28. 88 FEET TO A POINT ON THE EAST �'-- MARGIN OF WHITMAN COURT NORTHEAST; THENCE SOUTH 00� 16'31" EAST, � ALONG SAID EAST MARGIN, 22 .00 FEET TO THE TRUE POINT OF BEGINNING; � THENCE SOUTH 59�47 '10" EAST 89.46 FEET; e!� THENCE SOUTH 88� 32' 19" EAST 341 .42 FEET; THENCE SOUTH 88� 43 ' 30" EAST 202 .91 FEET; THENCE NORTH 01� 36' 12" EAST 65. 58 FEET TO THE TERMINUS OF SAID STRIP; THE SIDELINES OF THIS STRIP AT THE TRUE POINT OF BEGINNING SHALL BE SO SHORTENED OR LENGTHENED SO AS TO TERMINATE AT SAID EAST MARGIN; THE SIDELINES OF THIS STRIP AT THE TERMINUS SHALL BE SO SHORTENED OR LENGTHENED SO AS TO TERMINATE AT THE EAST AND NORTH LINES OF SAID SUBDIVISION; THE SIDELINES OF THIS STRIP SHALL BE SO SHORTENED OR LENGTHENED SO AS TO MEET AT ANGLE POINTS AND SHALL BE LIMITED SO AS TO TERMINATE AT AND COINCIDE WITH THE FACE OF THE EXISTING BUILDING; SITUATE IN THE CITY O�' RENTON, COUNTY OF KING, STATE OF WASHINGTON. � �: ��� � ,°�'�A.S�! '��' �Q �f �� 5 ��;Y�- ��-� � .v � �_�-: rx ��°�1� au� o p — ���� �R`�a e ,°�� , �s1'.. , ��-�- 00 � �.�� �,��-o � E� as/osi O2- E7rHIBIT B ---.--T- - -�— Map Exhibit ,�� _ tOQ �. ��t'��, t'�.C. 1��-{� fY.YY. 1/4. IV.W. 1;4, SEC. 10, TWP. 23 N., RGE 5 E., W.M. v� ,- NOO"08'00"'W 328.II7'_ -- �� - --� ; � R = 45.00' Z� �- ' � = 48"11'23.. 3w ��� L - 37.85' `"" �� � ' � O2 R - 45.00' � � � � �= 156'08'30,. � Z Z � ' L - 12263' C-� si N � � � AO S88"39'01'"E � 28.88' �.n W 3 � � � z� n s o0"16"31""E �-- w o � , � , � " zz.00' � Zr - �w � � OC S59"47'10'"E z cn � I 89.46' � � i�/ � ' OD S88°32"19""E � � ( 341_42" r�i_ � � �j5' � EO S88'43'30'"E o � � �? 202.91' cp �-7.5' cO j � ' — EXISTING � O NO1�36'12"'E 3 � � BUiLDING 65-58� � � (TYP.} w � o � 1 � 1 � � � � �, � m Z (�—� � � � I i�— �L� 7 � � ,.�,�•�� �!' .�, I ' � � �•�,`� a��'` I I i c1� :� � � o:�.` I b �� 7� � � � ,: � '. .� s° 0 � •.RF �,�3s tio,•'�v I � PARCEL •-�tSTE�:•'�� i I � UNE hA L LA��S � (TYP.) - c J —� �tK�o�s;or m � a � � � 2 F- � � � ����.Q� � � �NOO°16"31"W - 134.34" -�� � ,�,/1„ AO-'��, g S00°16'31""W ' � �NOO'16'31"'W 20223' --' -- 83.39' -"� � _ � WHiTMAN COURT N.E. BRH � BUSH ROED & HITCHINGS, INC. a N.W. COR.,N.E. 1/4,N.w. va, N.w. 1�a, CIVIL ENGINEERS & tI�ND sURVEYORS SEC. 10, TWP. 23 N.,RGE 5 E., W.M. 2009 MINOR AVE.E. (206)323-4144 SEATTl_E,WA 98102-3513 BRH JOB NO.2001087.01 7-13-01 H:\dn�`,propserv\fbrms\amnd_esm/tgb10/98 Page 8 of 10 E�HIBIT C Old Easement f A S E H E N T THIS INSTRU?ENT, r.wde this ���fa�' of � c — 15�_�; Dy an d be bre e n pQ,2 p,�y�t��. � an d an d � r� an d r"" � � N a�d � � Q` !►treinafter called 'Grantor(s)', and the CITT 4F RfNT�'. � !�.nicipal Curperatic*� � of K1n Coun �,.� 9 ty, Washington, hereinafter called '6rantee'. � � YI TTiESSE1H: � 7hat said Grantor(s), for and in conside�ation af the s� of S � ia,d �� aid by Crantee. and other valuable aons ra on, y se presents. grant, bargain, sell, cemey. arsd 4arrant unLo the said 6��bee, its successors and assigns, an easeoent for pu6lic utilitiez (lncludiny �a rater and sexer) with necessary appurtenanc.�s over. throu�h� across and upa; the �� follating described property i� King County, Washington, a+orr particuTarly N described as foltars: II .Lr� or rmd b.c�y T s r..s {�. .,cd�, T�v{� �.s r.ss op aa� .ocdth on .woh .cda 01 tJ1� rollcv{sq daorib�d 1{ar r{taeat�d v{tJe[� tlr s Z/J of t1� es 1/t of tJw ev 1/� or c�,. ev 1/� af S�ot{ow 70, �.w.Mp u uor�ch �� a :�aes v.x., at„� co.mty. �� Gb.o�oL�+y ar tl�. n�zt�.+s.c ao:++rr of,aid .ubdivi.favc, :t�.�oo. s o•1c'aa" a tn c poini 1t.04 fert �o�ctJk of tJ1s rorf-74 Ii,►s of waid a�b�[vf�{v�+. T/s�aw s Qi�IQ'aE" a, pd.00 fsrt, thrnw P 3Q'Ia'01" a pm�a11s1 to wrih t{e+s msd e1.7I r.at .�wru� vj ,Ktta.a�cv�+�ton s�o crm Ba,t z{,�. of sa{d asr�vt,ton msd r.2.t�ns, or .¢{d zt,... To9ether wSth a t�aqorary constn:ction ease:�ent described as: 1�ot c�p1{aab1� Sa1d terrporary censtruction easer.�ent shall remain in force 6ur4ng constrvction �na until such time as the utilities anQ appurtenances have been atupted fur the o�eration and maini.enance by the Gra�tee but not later than � ' ' . . i � • . � EXHIBIT C continued Said �eretofore mentioned grantee. its successorz or assi9ns, shal] have th� r19ht, without prfor notice or �rcceedin9 at law. ai iuch ti^�s as - may be necessary to entzr upon said abo.e descrf�d �rope��y for �5e purp�se of constructfng, maintaining. repairing. altering or r�constructfng satd utiiity, or makir.g any connections tliare,rith, witho�t tncwring ary le5al oDli9ations or liabillty therefore, provided, that such construction, cnain- � taining, repatring, altering or recc�str�ction of sudi utili4Y sAall b� accacplished in such a manr►er that tne p-ivate improvements 2xisting i� the ri�t right(s)-of-way shall not be Cistur�ed or d�aged, or in tt�e event they are 6isturDed or dam�ged. they rill De replaced in as good a condition as they wene � i�anediately before Ghe property ►+as entered �on by Lhe 6rantet. � The 6rantor shall full use and en p O Y joy ihe atoredescribed rearises, N including the right Lo retain tRe rigAt to use the surface of said ri�t-of-way °�� — if suci� use does not interferc with inst�lTation and �aintrnance of i�he uti]ity � p linc_ Hawerer. the grantor shall not erect buiidings or strvctures o�er. under �' u> or across the right-of-way during Ue existence of iu�ch utillty. o � � This easernen!, shail D� a covenant running with t}�e land and sAall be Dind- � ing on the 6r�tor, his succezsott. heirs and assigns. 6rantors covenant Uat they are the la+ful amen of tRe above properties and tlut they have a gooa anC r— 1�►rf 1 ri to ute s agreeeent. - , • C.J //��/ � -'' `.r n �/�C=�1Cn O! p.I�Q�p.l � a n d •- and �� �`^� and c�,� and STATE QF 11ASH1HGTON ) ) SS COIJITY OF KING ) Qn thi• 19LT�Ss� d August , 197.� �fore me, tb� tind�rsignmd� • tbtery PvDlic in ead for tAe Stata of yastington. daly co�irsioned anA svotn peraor�lly appearad �rald E. Schneider �� co me knovn to ba the Sec'y.-Treasurer aod � ���ctivelp, o� Dura Bevelogment, Inc, tM corporstioa that azscvted tLra [cesgoing instr�ent� and ecknwledged tAe esid iastr�en[ to De tDe frea and volooury act snd deed of said corporatSon, for che u�• and purpoaas tA�retn aentionad, aad oa wth sUted tEat satborised to ezacnte the uid in�trumaat and 2E�at tbe eeal atfixed is the corporate seal of said corporaticm. L1ITt�.SS my Dand and offfciAl eeal bereto affized tAe My ar�d yaar irc - this certificate �Dove vrittan, ri�y.s.�� � . n'•S= �'ra ' ' •�6�✓ a ry u i c t n an tt Washington, residing � v htiI ":1 - � d�4 v -- ..:� •`��[:�' � . d�;�"'%j H\di��propserv�forms\amnd_esm/tgb10/98 Page]0 of 10