HomeMy WebLinkAboutE 20060216000604 � , •
Return Address:
City Clerk's Office
City of Renton
]O55 South Grady Way 2006021 f 000604
Renton, WA 98055
CITY OF RENTON EAS 37.00
PAGE001 OF 006
02/16/2006 31:17
KING COUNTY, WA
Title: UTILITIES EASEMENT Pro er Tax Parcel Number: 723160-0542
Project File#: Street Intersection or Project Name:
Reference Number(s)of Documents assigned or released: Additional reference numbers are on page
Grantor(s): Grantee(s):
1. Renton Pro erties LLC l. City of Renton, a Municipal Corporation
Additional legal is on page of document. (Abbreviated legal descriptron MUSTgo here.)
LEGAL DESCRIPTION:
A utility easement over a portion of the Northeast Quarter of Section 19,
Township 23 North,Range 5 East. W.M., in the City of Renton, King County, Washington.
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The 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. (or if
full legal is not on page 1--Exhibit A.)
For the purpose of constructing,reconstructing, installing,repairing,replacing, entarging, operating and
maintaining underground utilities and utility pipelines, including, but not limited to,water, sewer and storm
drainage lines(including surface appurtenances),together with the right of ingress and egress thereto without
prior institution of any suit or proceedings of law. Following the initiaf 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:
I. The Grantee shall,upon completion of any work within the propert� 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 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 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 easement.or endanger the lateral support facilities.
e. Blast within fifteen(15)feet of the easement.
3. The Renton Village Storm System Project improvements may include surveying, soil borings,geotechnical
exploration,and construction of the new underground storm system.
3a The Grantee shall indemnify, defend, and hold Grantor harmless from any damage to the property,property
improvement,and persons and personal property on the property,and from any liability,suit,action,
judgement,claim,or expense(including attorneys fees and costs)arising from the acts or omissions of the
Grantee, its agents,employees,and contractors in exercising their rights under this easement.
3b The Grantee acknowledges that the easement burdens a large parking area serving the Grantor's office
building,and agrees to exercise its' rights under this easement in a manner that will minimize,to the extent
reasonably possible, interrupting the Grantors use of the parking area.
The Grantee agrees to allow the Grantor's access to areas of the parking(ot that are not needed for
construction purposes(such as excavation, stockpiling,access,and other construction related uses),and not
create an unsafe condition for persons using those parking area.
3c The Grantor agrees to cease using the parking area north of S Renton Village Place and east of the
Thriftway building,that it has a parking use agreement or easement over,while that area is being used for
construction of this project. The conditions of this easement regarding parking notification will apply to that
area.
4. The Grantee may use the Easement area for surveying,geotechnical investigation,construction staging,
material storage,and other purposes needed for the new storm system project. The Grantee will attempt to
limit the Easement area used to minimize disruption to the Grantor.
5. The Grantee will notify the Grantor at least seven days ahead of time of any areas in the Easement that will
be used for the new storm system project,except in an emergency when the Grantee may immediately access
the easement property to handle the emergency,and will notify the Grantor as soon as convenient after
handling the emergency.
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6. The Grantor will notify all user of the parking lot in the Easement area of"No Parking"in the area that will
be used for the storm system project. The Grantor will be responsible for removing,or paying for removal,
of any vehicles parking in the"No Parking"area and Easement area.
7. The Grantee may remove curbing, landscaping, and other physical features needed for access and
construction of the new storm system, including features along the access road on the north side of the
property. The Grantee will restore any items removed,un(ess mutually agreed otherwise with the Grantor.
8. The Grantee will attempt to locate the new storm system in ciose proximity to the existing 42-inch and 48-
inch storm system. The Grantor acknowledges that the location of the new storm system may vary from the
location of the existing storm system.
9. The Grantor and its successors agree to execute a permanent Utility Easement,a minumum of 10 feet wide
from each side of the new underground storm system,after it is constructed.
9a. The Grantee shall provide the the permanent Utility Easement document on the standard Ciry of Renton
Utility Easement form, including the legal description of the easement and a figure showing the location of
the easement. After the Grantor executes the easement the Grantee shall have the easement recorded with
the County,and shall provide a copy of the recorded easement to the Grantor.
10. The Grantee agrees to concurrently release this Easement with the execution and recording ofthe permanent
Utility Easement for the new storm facilities.
11. This Easement and the permanent Utility Easement shall contain the following Hold Harmless provision:
The Grantor acknowledges that part of the Property is located in a flood hazard zone identified on the FEMA
Flood Maps. Because of the factors inherent in the location of the Property,the new storm system project
may not eliminate flooding on the Property. The Grantor,and its successors,release and agree to indemnify
and hold the City harmless from any damage to the Property,property improvements, and persons and
personal properiy on the Property,and from any liability,suit,action,judgment or claim arising from any
flooding of the Property,not due to the Grantee's neglegence.
12. This Easement expires four years from the date of recording of this instrument,unless the new storm
facilities have been constructed or are under construction.
-End-
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_day of 20_
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RENTON PROPERTIES LLC
By: HAL Realty III, Inc., its Member
By:
Name.
Title:
STATE OF WASHINGTON )
)ss.
COUNTY OF ' )
On this �� day of J , 200�, befare me, the undersigned, a Notary Public in
and for the State of Washington, d ly commissioned and sworn personally appeared
�e„{� �,�— , known to me to be the S,�/, Q, of HAL
Realty III, Inc., a Member of RENTON PROPERTIES LLC, a Washington limited liability company, the
limited liability company that executed the foregoing instrument, and acknowledged the said instrument to be
the free and voluntary act and deed of said limited liability company, for the purposes therein mentioned,and
on oath stated that he/she was authorized to execute said instrument.
I certify that I know or have satisfactory evidence that the person appearing before me and making
this acknowledgment is the person whose true signature appears on this document.
WITNESS my hand and official seal hereto �xed y and year in the certificate above written.
INNII/1///j � `
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NOTARI � er'J . �S�u�it
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2841\018:01/12/06 S[GNATURE BLIk-RENTON PROPERTIES LLC
TREAD\HAL\RENTON OFFICE PORTFOL[O
EXHIBIT A
UTILITY EASEMENT
LEGAL DESCRIPTION
A utility easement over the following described parcel:
Blocks 11 and 12, C.D. Hillman's Earlington Gardens Addition to the City of Seattle Division
No. 1, according to the plat thereof, recorded in Volume 17 of Plats, Page 74, Records of King
County, Washington;
TOGETHER WITH Lots 1 through 12, inclusive,Block 5,Renton View, according to the plat
thereof,recorded in Volume 33 of Plats, Page 25, Recards of King County, Washington
TOGETHER WITH vacated streets and alleys attached thereto;
Said utility easement more particularly described as follows:
Commencing at the Southeast Corner of the Northwest Quarter of the Northeast Quarter of
Section 19,Township 23 North, Range 5 East, W.M., in the City of Renton,King County,
Washington;
Thence South O1° 04'08"West along the east line of the Southwest Quarter of the Northeast
Quarter,a distance of 224.15 feet;
Thence South 55° 03'12"East,a distance of 45.44 feet to the True Point of Beginning;
Thence South 61°46'S5"West, a distance of 260.20 feet to the eastern boundary of Lot 1 of
Renton Village Associates Binding Site Plan No. BSP-026-90, as recorded under King County
Rec.No. 9005080690;
Thence South 00° O1'44"East along said eastern boundary, a distance of 248.82 feet to the
northerly margin of Primary State Highway No. 1 (Jct. SSH 2-M to Jct. PSH No. 2 (also
known as SR 405);
Thence North 81°22'44"East along said northerly margin, a distance of 379.63 feet;
Continuing South OS°03'23"East along said northerly margin, a distance of 22.28 feet;
Continuing North 80°25'43"East along said northerly margin, a distance of 47.1 S feet;
Thence North 0° East,a distance of 260.14 feet;
Thence North 90°East, a distance of 91.54 feet;
Thence North 0°East,a distance of 67.65 feet to the southerly margin of South Renton Village
Place;
Thence North 89°44'02" West along said southerly margin, a distance of 286.15 feet to the
True Point of Beginning;
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UTILITY EASEMENT
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EASEMENT - One Renton Place
0' 100' RENTON VILLAGE STORM SYSTEM PROJECT
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Scale� 1" = 100' City of Renton SurFace Water Utility
D. Carey 12/13/05