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HomeMy WebLinkAboutE 20040107000747 �_ � � . � � Return Address: City Clerk's Office 20040107000747 City of Renton 1055 South Grady Way CI7Y OF REN70N EAS 23.00 PAGE001 OF 005 Renton, WA 98055 01/07/2004 11:03 KING COUNTY, WA EXCISE TAX NOT REQUIRED IGng County Reco�D' ' BY: ��c.z�w �- ,�Y �- Title: UTILITIES EASEMENT Pro ert Tax Parcel Number: 102305-9080 Project File#: Street Intersection or Project Name: 140`h Ave.SE&SE 122nd St. Grantor(s): Grantee(s): 1. Essex Portfolio, L.P. 1. Ci of Renton, a Munici al Co aration LEGAL DESCRIPTION: w A utility easement over a portion of the Southwest Quarter of Section 10, Township 23 North, Range 5 East,W.M., in the City of Renton, King County, Washington as described as follows: A strip of land, 15 feet in width,said strip being 7.5 feet on each side of the following described centerline: ` Commencing at Point `A' of a Sanitary Sewer Utility Easement as recorded under Recording Number 9904122255, Records of King County, Washington; '';�;,,,.:R. Thence S00°29'23"E along the centerline of said Sanitary Sewer Utility Easement for a distance of 135.67 feet; �"`'"`�"' <��;r: Thence S89°21'42"E for a distance of 7.5 feet to the east boundary of said Sanitary "' '�'� � Sewer Utility Easement and the Point of Beginning of the herein described centerline; .'•��'�h Thence continuing S89°21'42"E to the east line of said subdivision and the terminus ;�"�" � of said herein described centerline. Nr ., .;� The side lines of the above-described strip of land shall be lengthened or shortened, as ,°'«� required to intersect with the east boundary of said Sanitary Sewer Utility Easement and " the east boundary of said subdivision. r�-. ..... ,� ..�y�.;�;,:�. utilease0803\ Page I FORM 03 0013/bh/CA2-21-97 ;'::.�►3�: .:�,;,�,.,�..; � •'s . �` �, �, . �. � ti R -e.. . .arQ� , , , . . , Title: UTILITIES EASEMENT Pro ert Tax Parcel Number: 102305-9080 Project File#: Street Intersection or Project Name: 140`h Ave.SE&SE 122°d St. Grantor(s): Grantee(s): 1. Essex Portfolio,L.P. 1. Ci of Renton, a Munici al Co oration 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 following described property(the right-of-way) in King County, Washington, more particularly described on page 1 and as depicted on the map attached hereto as Exhibit"A". 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. 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 or destroyed during execution of the work, as nearly as practicable to the condition they were in immediately before commencement 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 ar maintain any buildings or structures within the easement; or b. Plant trees, shrubs or vegetation having deep root patterns which may cause damage to or interfere with the utilities to be placed within the easement by the Grantee; or c. Develop, landscape, or beautify the easement area in any way, which would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein. 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. _ e. Blast within fifteen(15)feet of the right-of-way. , � 3. The Grantee shall at all times indemnify,protect, defend and save harmless the Grantor and its , �, contractors,officers, agents and employees against, and pay in full, all loss, damage or expense, including, without limitation,attorneys' fees and costs and court costs,that the Grantor may sustain, incur or become liable for,resulting in any manner from the construction,maintenance, use, state of repair or presence of Grantee's utility facilities and all necessary and proper fixtures and equipment for use in connection therewith, including, without limitation, any such loss, damage or expense arising out of(i) loss of or damage to property, and(ii) injury to or death of '• � persons. r .� ,. utilease0803\ Page 2 FORM 03 0013/bh/CA2-21-97 � . .:.,a '" ;iv. � � , . . , , , . � , , Title: UTILITIES EASEMENT Pro er Tax Parcel Number: 102305-9080 Project File#: Street Intersection or Project Name: 140`h Ave.SE&SE 122"d St. Grantor(s): Grantee(s): 1. Essex Portfolio, L.P. 1. Ci of Renton, a Munici al Co oration 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 or 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 ���f+day of ti�c�n,�a�r� 2o v3 . Essex Portfolio,L.P., a California limited partnership � By: Essex Property Trust, Inc., a Maryland Corporation, its general partner By i����G- � Print Name: ��,-��_ ��(�" Its: ���r U�� �f`�l`�� : i�' ,�;, utilease0803\ Page 3 FORM 03 0013/bh/CA2-21-97 ' t � ' � STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA ) On .[��cernber 1(�.�t•3, before me,����� L . ��I� �lot�4-r�i �u,�1r�, Date Name and Title of O r(e�g.,"Jane Doe", otary Public) personally appeared , p r�;�� �. i'a; }-}�A,� , Name(s)of Signer(s) personally known to me, or proved to me on the basis of satisfactory evidence to be the person(�) whose name(,�) is/a�e subscribed to the within instrument and acknowledged to me that he/s��executed the same in his/l�i-r authorized capacity(ies�; and that by his/�rf�eir signature(g) on the instrument the person(s�, or the entity upon behalf of which the person(� acted, executed the instrument. .IMIE t,HIGH Comr►Ikcion�129593D z �°�'�'�'�O�fO"1fO > W ESS my hand and official seal. 5ointa CI�County �'h'CQ►►rm•E�ias Mar 3.2005� C� �� �����, Place Notary Seal Above Signature of Notary Pu '=S . � LegaUForms/Notary CA All Purpose Acknowl h �� : , � • • Map Exhibit "A" i � � � � � � � � � � �; � � �� �� NTS � �' � APARTMENT � �; PROPERTY LINE � � > � � � � � � o � , � � � � : � , ��� �� \� � � � r � �. � � � � � � � SE 122nd St. � � �� \� � �� � � 140th Ave. SE & SE 122nd St. � Easement Area Utility Easement �� � Existing Easement Area .� .: '