HomeMy WebLinkAboutE 20040804002355 . t , .
Return Address:
City Clerk Division 20040804002355
City of Renton Zg.00
1055 S. Grady Way CITY OF RENTON EAS
pAGE001 OF 031
Renton, WA KiNG4C0UNTY14WA3
Please print or type inCormation WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04)
DOcument Title(s�(or transactions contained therein): (all areas applicable to your document must be filled in)
1. Easement 2.
3. 4.
Reference Number(s) of Documents assigned or released:
Additional reference#'s on page of document
Gt'antor(s) (Last name, first name, initials)
1• Sam's Real Estate Business Trust ,
2. ,
Additional names on page of document.
Grautee(s) (Last name first, then first name and initials)
1. Citv of Renton, Washington
�
Additional names on page of document.
Legal desC1'lptioII(abbreviated: i.e. lot,block,plat or section, towmship,range)
Pd.E. 1/4 of Section 19, and Ntv 1/4 of Sect�on 2u, Tovdnsh�p 23 NORTH.
RAnge 5 East, lJillamette P��er�dian, Citv of Renton, King County, �lashinnton
Additional legal is on page 5 of document.
Assessor's Property Tax ParceUAccount Number ❑ Assessor Tax#not yet assigned
202305-9007/20^e3059008
The Auditor/Recorder will rely on the infonnation provided on the form. The staff will not read the document to
verify the accuracy or completeness of the indexing information provided herein.
I am requesting an emergency nonstandard recording for an additional fee as provided in RCW
36.18.010. I understand that the recording processing requirements may cover up or otherwise
obscure some part of the text of the original document.
EXCtSE TA;�NOT FiEQU�RED
Co.� c�s pt�,� � Signature of Requesting Party
When recorded,return to:
City Clerk Division
City of Renton
1055 S. Grady Way
enton, �
EASEMENT
(For Vehicular Access Only)
THIS EASBMENT is entered into as of the �i� day of���, 2004,by and
between SAM'S REAL ESTATE BUSINESS TRUST, a Delaware busmess trust ("Crrantor"),
and the CITY OF RENTON,WASHINGTON, a municipal corporation ("Grantee").
WITNESSETH
WI-�REAS, Grantor is the owner of that certain pazcel of land situated in the
County of King, State of Washington, legally described on E�ibit A attached hereto ("Sam's
Property"); and
WHEREAS,Crrantee is the owner of that certain parcel of land in the sam.e county
and state, which parcel lies adjacent to Sam's Property and is legally described on E�ibit B
attached hereto (the"C�rantee Property"); and
WHEREAS, Grantee has requested from Grantor, and Grantor is desirous of
granting to Grantee, a non-exclusive easement for vehicular ingress and egress over and across a
portion of Sarn's Property.
NOW THEREFORE, in consideration of one dollar ($1.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor
does hereby grant to Grantee a non-exclusive easement for vehicular ingress and egress over and
across Sam's Property for access to and from the Grantee Property, subject to the following terms
and conditions to which the parties hereto do hereby agree:
l. The Easement ProUertv. The easement granted hereby is legally described
on Exhibit C attached hereto (the "Easement Property") and the Easement Property is depicted
on Exhibit D attached hereto. In all respects the Easement Property is limited to the property
described in Exhibit C,notwithstanding any discrepancies between Exhibit C and Exhibit D.
2. User of Easement Propertv. The ingress and egress rights granted hereto
may be used non-exclusively by, and are limited to, Crrantee and its respective customers,
invitees and employees associated with the Grantee's municipal business located on the Grantee
Property. Should the Grantee Properly be used other than exclusively for municipal business �
purposes, which includes minor subletting of space within the building to 3rd party
nongovernmental users, this easement shall automatically be terminated and rendered null and
void, and Grantee shall have no further right to use the Easement Property.
3. Maintenance.
(a) Grantor shall be responsible for reasonably maintaining the Easement
Property and keeping the Easement Property in a smooth and usable condition.
(b} Grantor shall invoice Grantee for Grantor's cost incurred in
maintaining or restoring fihe Easement Property based upon Grantee's use thereof,
whereupon Grantee agrees to reimburse Grantor within thirty (30) days of receipt of the
invoice. If Grantee fails to reimburse Grantor within said thiriy(30) day period, Grantor ,
has the option to terniinate this agreement unmediately with no further obligations or
liabilities on the part of Grantor. However, Grantor rnay pursue any legal remedies or
alternatives#o collect any outstanding reimbursements related to this Easement Property.
4. Dama�e to Easement Property or Other Improvements. If, in the process
of using the Easement Property, Grantee or its employees, customers or invitees damages,
breaks, destroys, or in any way impairs the Easement Property, or any other improvements,
including but not limited to landscaping, on Sam's Property (collectively, the "Damaged
Property"), Grantor in its sole discretion, may require Grantee to either (i) restore at Grantee's
sole cost and expense the Damaged Property to its original quality and condition; or (ii) Grantor
may restore the Damaged Property and invoice Grantee for Grantor's costs incurred restoring the
Damaged Property whereupon Grantee agrees to reimburse Grantor within thirty (30) days of a
- written request for reimbursement. If Grantee fails to reimburse Crrantor, Grantor has the option
to terrrunate this agreement immediately with no further obligations or liabilities on the part of
Grantor. However, Grantor may pursue any legal remedies or alternatives to collect any
outstanding reimbursements related to the Damaged Property.
5. Indemnification and Insurance. Grantee shall indemnify, defend, and hold
harmless Grantor from any damages or liability to persons or properly that might arise at any
time from the use of the Easement Property by Grantee,its customers, invitees andlor employees
or anyone else using the Easement Property for ingress and egress to and from the Grantee
Property. Grantee further agrees that Grantee will at all times during the duration of this
easement, maintain and pay for commercial general liability insurance affording protection to
Grantor and Grantee naming Grantor as an additional insured on the policy or policies for a
combined bodily injury and property damage limit of liability not less than $2,000,000.00 for
each occurrence. Grantee further agrees, upon request, to deliver to Grantor a certificate or
certificates from an insurance company or insurance companies satisfactory to Grantor
evidencing the existence of such insurance and naming Grantor as an additional insured. Such
insurance shall provide that the same may not be cancelled nor the coverages dimitnished without
10 days prior written notice to Grantor.
6. Duration. The agreements contained herein and the rights granted hereby
shall run with the titles to the Grantee Property and the Easement Property and sha11 bind and
inure to the benefit of the parties hereto and their respective heirs, successors and assigns, subject
to the restrictions contained in Paragraph 2.
7. Relocation. Grantor reserves the right to modify or relocate the easement
provided herein, at the expense of Grantor, provided any such modification or relocation does
not inaterially interfere with the vehicular access provided herein.
8. Headin�s. The headings of the paragraphs contaaned herein are intended
for reference purposes only and shall not be used to interpret the agreements contained herein or
the rights granted hereby.
9. Counterparts. This Agreement may be executed in any number of
counterparts, each of which sha11 be deemed an original,but all of which shall constitute one and
the same instrument.
1N WITNESS WHEREOF, the parties hereto have executed this instrument the .
day and year first above written.
Crrantor:
SAM'S REAL ESTATE BUSINESS TRUST,
a Delaw usiness ttust � ���
�p�ro �d as ta!e a!terms�n9y
bY /'+p{ �,� y:
Y V1`11� 14 �� E\3I"�I�D�f }s
����': / �/�%�� ......^— , t t nt Vke?r side
Grantee:
CITY OF RENTON, WA5ffiNGTON, a
municipal corporation
B�: c� ��e��►- ��.e.�.P�...
Kathy K olker—Wheeler
Its: Mayor
State of Arkansas:
County of Benton
The foreg ' in trument was acl�owledged before e this 1r:� day of
,2004,b �,�the�',�te�" ��ci t.���,.� for Sam's Real
ate Business Trust,a Del are business trust. �
(Seal and Expiration Date)
Jane Bennett
Cou�ry of Bemon Nota ublic
Notary Pubtic-Arkansas
i�4W(,�mmissia�Exp.03/13/2012 •
State of Washington
County of King
� The foregoin instrument was acknowledged before me this r0 � day of
, 2004, by h .(,v� r , the un�' of the City
of ent ,Washington, a municipal corporation.
(Sea1 and Expiration Date) •
_��B.Go `� G!/G2�.�,0�--
.�\� 1. �'�q� � Notary Public Bonnie I. Walton
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EXHIBIT A
(Lega1 Description of Sann's Properly)
LEGAL DESCRIPTION
(METES AND BOUNDS LEGAL DESCRIPTION OF PROPOSED SAM'S CLUB
PURCHASE)
REVISED PARCEL 1, REVISED PARCEL 2, REVISED PARCEL 3, AND A PORTION OF
REVISED PARCEL 4 OF CITY OF RENTON LOT LINE ADNSTMENT NO. LUA-99-153-
LLA, AS RECORDED iJNDER RECORDING N0. 20010213900004, RECORDS OF KING
COUNTY,WASHINGTON,MORE PARTICULARLY DESCRIBED A5 FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 19, TOWNSHIP 23
NORTH, RANGE 5 EAST, W�LAlV�TTE MERIDIAN, FROM WHICH POINT THE •
NORTH QU.ARTER CORNER OF SAID SECTION 19 BEARS N4RTH 89° 42' 16" WEST,
2661.81 FEET DISTANT;
THENCE SOUTH 00° 44' 46" WEST, 72.43 FEET TO T'I�SOUTHERLY MARGTN OF S.W.
GRADY WAY, TI-� POINT OF BEGINNING, AND THE BEGINNING OF A NON-
TANGENT CURVE TO THE LEFT, FROM WHICH POINT THE RA.DNS POINT OF SAID
CURVE BEARS NORTH 40°22"46"WEST, 3857.93 FEET DISTANT;
� THENCE NORTI�ASTERLY ALONG THE ARC OF SA.ID CURVE AND SOUTHERLY
MARGIN OF S.W. GRADY WAY, PASSING THROUGH A CENTR.AL ANGLE OF 03° 14'
OS",AN ARC DISTANCE OF 217.82 FEET;
THENCE NORTH 46°23' 08" EAST,ALONG SAID SOUTHERLY MARGIN 75.85 FEET;
'TI�ENCE SOUTH 43°36' S2"EAST, 100.35 FEET;
THENCE SOUTFi 89° 59' 34" EAST, 93.70 FEET TO THE BEGINNING OF A NON-
TANGENT CURVE TO 'TI� LEFT, FROM WHICH POINT TI�RADNS POINT OF SAID
CLTRVE BEARS NORT'H 89°25'43" EAST,62.00 FEET DISTA,NT;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, PASSING THROUGH �
A CENTRAL ANGLE OF 83° 12' 13",AN ARC DISTANCE OF 90.04 FEET;
THENCE SOUTH 83°46'31" EAST, 144.23 FEET;
THENCE SOUTH 89° 59' 34" EAST, 97.75 FEET TO THE WESTERLY MARGIN OF MA1N
AVENUE SOUTH (BENSON ROAD SOUT�;
THENCE ALONG SAID WESTERLY MARGIN THE FOLLOWIl�TG FNE COURSES:
THENCE SOUTH O1° 28' 24" WEST, 296.92 FEET TO THE BEGINNING OF A 199.18-
FOOT-RADNS CURVE TO'I'I�RIGHT;
THENCE ALONG THE ARC OF SAID CURVE, PASSING THROUGH A CENTR.AL
ANGLE OF 48°46' 00",AN A.RC DISTANCE OF 169.53 FEET;
THENCE SOUTH 50° 14' 24" WEST, 81.60 FEET TO THE BEGINNING OF 507.46-FOOT-
RADIUS CURVE TO THE LEFT;
THENCE ALONG THE ARC OF SAID CURVE, PASSING THROUGi3 A CENTRAL
ANGLE OF 25°28' 00",AN ARC DISTANCE OF 225.Sb FEET;
THENCE SOUTH 24°46'24"WEST, 126.70 FEET;
THENCE NORTH 77° 58' 12" WEST, 94.72 FEET;
THENCE SOUTH I l°25' 33" WEST, 9.83 FEET;
THENCE SOUTH 31°29' 18" WEST,27.44 FEET;
THENCE SOUTH 51° 33' 03" WEST,412.32 FEET;
THENCE NORTH 87° 20' 45" WEST, 59.19 FEET TO THE EASTERLY MARGIN OF SR-
515 (TALBOT ROAD SOUTH); .
THENCE ALONG SAID EASTERLY MARGIN THE FOLLOWING FOUR COURSES:
EXHIBIT A (continued)
THENCE NORTH 02° 39' 15" EAST, 130.75 FEET TO THE BEGINNING OF A 750.40-
FOOT-RADNS CURVE TO THE LEFT;
THENCE ALONG THE ARC OF SAID CURVE, PASSING THROUGH A CENTRAL
ANGLE OF 35° 31' 26",AN ARC DISTANCE OF 465.01 FEET;
THENCE NORTH 32° 52' 11" WEST, 147.91 FEET TO THE BEGINNING OF A 45.00-
FOOT-RADIUS CURVE TO THE RIGHT;
THENCE ALONG THE ARC OF SAID CUR.VE, PASSING THROUGH A CENTRAL
ANGLE OF 88° 36' 19", AN ARC DISTANCE OF 69.59 FEET TO THE SOUTHERLY
MARGIN OF S.W. GRADY WAY ANI) A POINT OF REVERSE CURVATURE WITH A
3857.93-FOOT-RADNS CURVE TO THE LEFT; •
THENCE ALONG TI� ARC OF SAID CURVE AND SOUTHERLY MARGIN, PASSING
THROUGH A CENTRAL ANGLE OF 06° 06' S4",AN ARC DISTANCE OF 411.74 FEET TO
THE POINT OF BEGINNING.
EXHIBIT B
{Legal Description of Grantee's Property)
1055 SOUTH GRADY WAY
CITY HALL SITE
LEGAL DESCRIPTION
Those portions of Block 17, Town of Renton, according to the plat thereof recorded in Volume 1
of Plats, page 135, records of King County, and of Government Lot 10 of Section 17, and the •
northwest quarter of Section ZQ, all in Township 23 North, Range 5 East, W.M., in the City of
Renton,King County,Washington,more particularly described as follows:
Commencing at the centerline intersection of South Sth Street and Main Avenue South;
Thence South 00°46'18"West 327.80 feet along the centerline of Main Avenue South;
Thence South 00°45'13"West 663.94 feet along said centerline of Main Avenue South to a point
on the south line of said Government Lot 10;
Thence South 89°18'37"West 30.01 feet along said south line to a point on the westerly margin
of said Main Avenue South;
Thence North 00°45'13" East 53.02 feet along said westerly margin to a point on the narth line
of the south 53.00 feet as measured at right angles to said south line of Government Lot 10 and
the TRUE POINT OF BEGINNING;
- Thence South 89°18'37"West 230.63 feet along said north line;
Thence North 00°46'08"East 95.14 feet to the northwesterly corner of a tract conveyed to Mike
Ruklic by Deed recorded under King County Recording Number 568802;
Thence South 89°18'37" West 57.00 feet along a line parallel to said southerly line of
,
Government Lot 10;
Thence North 00°46'08"East 148.79 fee#to a point on the southeasterly margin of South Grady
Way;
Thence North 45°40'13" East 193.72 feet along said southeasterly margin to a point of
curvature;
Thence continuing along said southeasterly margin northerly 264.7$ feet along the arc of a non-
tangent curve to the left, having a radius of 756.20 feet, the radius point of which bears North
44°19'16" West through a central angle of 20°03'40"to a point of intersection with the westerly
margin of said Main Avenue South;
Thence South 00°45'13" West 589.92 feet along said westerly margin to the TRUE POINT OF
BEGINNING;
EXCEPT that portion conveyed to the City of Renton for road purposes by Deed recorded under
King County Recording Number 8709020544;
TOGETHER WITH Revised Parcels A and C of City of Renton Lot Line Adjustment Nuxnber
LUA 98-164-LLA, recorded in King County, Washington under Recording Nu.mber
9812109014.
� EXHIBIT C
April 13,2004
(Legal Description of the Easement Property)
CROSS ACCESS EASEMENT
Between Sam's Club#4835-00 Renton, Washington
And the City of Renton
A Strip of land located in Parcel3 of Lot Line Adjustment LUA-99-153-LLA as
recorded in Book 143 of Surveys at page$1,under auditor's file number
20010213900004,records af King County, Washington,in the Northeast '/4 of Section
19,and the Northwest i/of Section 20,Township 23 North,Range 5 East,Willamette
Meridian, City of Reirton,King County, Washington,deseri'bed as follows:
Beginning at the norkheast corner of said Section 19;thence South 00°44'46"West,
along the east line of said Section 19, 7�.43 feet to a pourt on the southerly Right of Way
Line of Grady Way;thence leaving said Section Line and along the southerly Right of
Way Line of Grady Way on the Arc of a 3857.93 foot Radius Curve Right,through a
Central Angle of 02°23' 00"a distance of 160.47 feet to a point which bears
North 48°25' 46"East, 160.46 feet from the last descri'bed point to the True Point of
Beginning of the herein described cross access Ease�nt Pazcel;thence continuing along
the southerly Right of Way Line of Grady Way,along the Arc of a 3857.93 foot Radius
Curve Right,through a Central l�ngle of 00°51' Q6"a distance of 57.34 feet to a point
which bears North 46°48' 41"East, 57.34 feet from the last described point;thence
contiauing along said Right of Way Line North 46°23' 08"East,20.90 feet;thence
_ leaving said Right of Way Line along the Arc of a 59.06 Foot Radius G�irve Left,through
a Central Angle of 45°35' 41"a distance of 47.00 feet to a point which bears South 12°
35' 30"East,45.77 feet from the last descn�ed pourt;thence South 31°00' OS"E.,2Q.41
feet;thence along the Arc of a 59.42 foot Radius Curve Left,through a Central Angle of
21° 11' 06"a distance of 21.97 feet;to a point wluch bears South 42°30'46"East,21.85
feet from the last described point;thence South 55°21' 17"East, 16.55 feet;thence along
the Arc of a 54.41 foot Radius Curve Left,through a Central Angle of 25°46' S9"a
distance of 24.31 f�et to a point which bears South 69°21' 46"East, 24.10 feet from the
last descn`bed point;thence North 88°53' 17"East,52.38 feet;thence along the Azc of a
40.80 foot Radius Curve Le$,tl�rough a Central Angle of 87° 19' 28"a distance of 62.18
feet to a point wluch bears North 45° 13' 33"East,56.34 feet from the last descri�bed
point;thence North Ol°33' 49"East,20.72 feet to the northerly line of said Parcel l;
thence along said Parcel Line South 89°59' 34"East,23.76 feet;thence leaving said
parcel line South Ol° 19' 23"West,22.73 feet;thence along the Arc of a 61.00 foot
Radius Curve Right,tl�rough a Central Angle of 42°45' 26"a distance of 45.52 feet to a
point which bears South 22°42' 06"West,44.47 feet from the la,st des�ribed point;
thence South 44°04' 49"West,25.67 feet;thence along the Arc of a 30.00 foot Radius
G�irve Right,through a Central Angle of 44°48' 28"a distance of 23.46 feet to a point
wluch bears South 66°29' 03"West,22.87 feet from the last descn'bed point;
EXIiIBIT C (continued)
thence South 88° 53' 17"West,64.56 feet;thence along the Arc of a 75.00 foot Radius
Curve Right,through a Central Angle of 49°44' S9"a distauce of 65.12 feet to a point
which bears North 66° 14' 13"West, 63.10 feet from the last descr'bed point;thence
North 41°21' 44"West, 44.50 feet;thence along the Arc of a 44.03 foot Radius Curve
Left,through a Central Angle of 53° 36' S1"a distance of 41.20 feet to a point which
beazs North 68° 02' 15"West, 39.71 feet from the last described point and the True Point
of Beginning.
Basis Of Bearings is Lot Line Adjustment LUA 99-153-LLA, Recorded in Book 143 of
Surveys,Page 81,recorded as Auditor's File Number 20010213900004.
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EXIiIBIT D
EXHIBIT MAP CROSS ACCESS EASEMENT
SAM'S CLUB # 4835-00 AND C1Tf OF RENTON
PAGE 1 OF 1
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SAM'S CLUB # 4835-00
CURVE TABLE
CURVE RADIUS DELTA LENGTH LINE TABLE
ci 3e57.93 �•5ro6• 57.�4 LINE BEARING LENGTN
C2 59.D6 45'35'41' 47.00 Ll N46•23'09'E 20�90
C3 �9.42 21'll'06' 21,97 L2 S31•00'05'E 20.41
- C4 54A1 25'46'S9' 24.31 L3 S55'21'17`E 16.55
C5 4Q80 87•19'28` 62.1B L4 N88•53'17'E 52.38
C6 61A0 42'45'26' 45.52 L5 NOl•33'49'E 20.72
C7 30.00 44'48'28' 23.46 L6 S89•59'34'E 23.76
C8 75.00 49•44'S9' 65.12 V SOl•19'23'W 22.73
C9 44�03 53'36'S1' 4L20 L8 S44•04'49'W 25.67
L9 S88'S3'17'W 64.56
L]0 N41•21'44`W 44.50
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DRAWN BY: .�_ 7a1: 360-7Q7—�2590 BFa�c 360�757-39 83
DATE: APRIL132004 bv�_rthowrizo�.net