HomeMy WebLinkAboutE 20070716001844 t , .
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After recording, return document to:
City Clerk's Office
City of Renton
1055 South Grady Way
Renton, WA 98055
20070716001844
STEWART TITLE EAS
PAGE001 OF 008 39•00
07/16/2007 35:30
KING COUNTY, Wq
Document Title: Slope Easement
Reference Number of Related Document: n/a
Grantor: AnMarCo
Grantee: City of Renton
Abbreviated Legal Description: Ptn Govt Lot 7, 17-23-OS
Additional Legal Description is on Exhibit A, attached
Assessor's Tax Parcel Number: Ptn. 172305-9026-00
S7�/�� l l TZ.r'�
SLOPE EASEMENT ������U j �
City of Renton Maple Valley Highway(SR 169) Improvements, Phase 2 (the "Project")
The Grantor, ANMARCO, a general partnership, for and in consideration of the
sum of TEN AND NO/100 ($10.00) DOLLARS, and other valuable consideration, hereby
conveys and grants unto the CITY OF RENTON, a municipal corporation, and its
assigns, under the imminent threat of the Grantee's exercise of its rights of Eminent
Domain, a non-exclusive easement over, under, upon and across the hereinafter described
land (the "Easement Strip") for the purpose of construction and protection of a slope as
part of the above-referenced project (the "Slope"), along with the right to maintain and
repair the Slope:
For legal description of the Easement Strip and additional conditions,
see Exhibit A attached hereto and made a part hereof.
This easement is granted subject to the following terms and conditions:
SLOPE EASEMENT--Page 1 of 8 pages Parcel No. 172305-9026
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EXCISET�N���ry��R�
�Y__�---..� �---���Y
1. Grantee shall at all times maintain the Slope in good condition.
2. The Grantee shall, upon completion of any work within the
Easement Strip, restore the surface of the Easement Strip, 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.
3. Grantor shall retain the right to use the surface and subsurface of the
Easement Strip to the extent that such use does not unreasonably
interfere with the easement rights granted herein to the Grantee.
4. If, at any time(s) in the future, the Grantor proposes in writing to the
Administrator of the City of Renton Department of
Planning/Building/Public Works (the "Administrator") that Grantor
wishes to develop all or portion(s) of the Easement Strip and
Grantor's property abutting the Easement Strip so as to:
(a) bring all or any portion(s) of the easement along the
length of the Easement Strip sufficiently near right-of-
way grade so as to eliminate the need for the Slope to
support SR 169; or
(b) otherwise eliminate the need for all or any portion(s) of
the easement along the length of the Easement Strip (for
example, by constructing a retaining wall or other
retaining improvement that would provide sufficient
lateral support for SR 169),
then, within sixty (60) days thereafter, the Administrator (or the
Administrator's designee) shall:
(i) Review the proposal (along with any supporting
drawings, geotechnical report(s) or other materials
submitted with the proposal); and
(ii) Respond in writing to the Grantor either (1) approving
the proposal if and to the extent that the proposal will
provide sufficient lateral support for SR 169 so as to
eliminate the need for all or a portion of the Slope to
support SR 169 or (2) deny the request but only if and
to the extent that implementation of the approval would
not provide sufficient lateral support for SR 169 from a
geotechnical engineering perspective (and, if denied,
(A) the denial shall state the specific reason(s) for the
denial and (B) the Grantor shall have the right to
SLOPE EASEMENT--Page 2 of 8 pages Parcel No. 172305-9026
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provided modified andlor supplemental proposal
materials to demonstrate that the proposal will provide
sufficient lateral support for SR 169 from a
geotechnical engineering perspective and, if the Grantor
does so, the Administrator or Administrator's designee
shall approve the proposal if and to the extent that the
proposal will provide sufficient lateral support for SR
169 so as to eliminate the need for all or a portion of the
Slope to support SR 169).
Within 30 days following the later to occur of (a) completion of
implementation of any such approved proposal and (b) written
request from Grantor for release or partial release of the easement(as
the case may be), the Administrator shall execute and deliver to
Grantor in recordable form an instrument terminating the easement
or portion(s) thereof the case may be.
Unless and until terminated as set forth above, this easement shall run with the
land described herein, and shall be binding upon the parties, their heirs, successors in
interest and assigns. Grantor covenants that it is the lawful owner of the Easement Strip
and that it has a good and lawful right to execute this agreement.
IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed
effective the 16th day of July, 2007 and said Grantee has accepted this instrument on the
terms set forth above.
DATED July 16, 2007
GRANTOR: GRANTEE:
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ANMARCO, a general partnership CITY OF RENTON z:•'�� _�
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By: By: g ��. ` . .r.
Donald J. ino, Pa er Mayor-K thy Keo e�. �'j ,• ,� :
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By: � By: ����c�/.r„
Gary M. Me ino, Partner City Clerk-Bonnie I. Walton 'j'-6�O-D�
Ap ed as to Form:
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Lawrence J. Warren, City Attorney
SLOPE EASEMENT--Page 3 of 8 pages Parcel No. 172305-9026
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The wives of the two partners of AnMarCo hereby consent to the above-stated Slope
Easement.
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�2�'-�l'.-�-� . ��j ���' ��'` ��c-�=,� �,
Donna M. Merlino Jo P. Merlino
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STATE OF WASHINGTON )
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County of King )
On this�},�day of , 2007, before me personally
appeared DONALD J. MERLINO, 1 o to me to be a partner of ANMARCO, the
general partnership that executed the within and foregoing instrument, and acknowledged
said instrument to be the free and voluntary act and deed of said general partnership, for
the uses and purposes therein mentioned, and on oath stated that he is authorized to
execute said instrument.
GIVEN under my hand and official seal the day and year last above written.
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'���F�"�►+���`��•� My Appointment expires�2c� I 011
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SLOPE EASEMENT--Page 4 of 8 pages Parcel No. 172305-9026
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STATE OF WASHINGTON )
. ss.
County of King )
On this I�h day of_�S� , 2007, before me personally
appeared GARY M. MERLINO, kno to me to be a Partner of ANMARCO, the general
partnership that executed the within and foregoing instrument, and acknowledged said
instrument to be the free and voluntary act and deed of said general partnership, for the
uses and purposes therein mentioned, and on oath stated that they are authorized to
execute said instrument.
GIVEN under my hand and official seal the day and year last above written.
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STATE OF WASHINGTON )
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COUNTY OF KING )
On this day personally appeared before me DONNA M. MERLINO, to me
known to be the individual described in and who executed the within and foregoing
instrument, and acknowledged that she signed the same as her free and voluntary act
and deed, for the uses and purposes therein mentioned.
GIVEN under my hand and official seal the day and year last above written.
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SLOPE EASEMENT--Page 5 of 8 pages Parcel No. 172305-9026
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STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day personally appeared before me JOAN P. MERLINO, to me known
to be the individual described in and who executed the within and foregoing instrument,
and acknowledged that she signed the same as her free and voluntary act and deed, for
the uses and purposes therein mentioned.
GIVEN under my hand and official seal the day and year last above written.
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,��`�l ��.�'::���an��vs►���ii� NOtaTy( nt name . �'(1 ��'bSVQ��'�
: O;\$$�ok F�►,,�L �,, Notary Public in and for the State of Washington,
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STATE OF WASHINGTON)
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COUNTY OF K1NG )
On this � day of � , 2007, before me, personally appeared
Kathy Keolker, known to be the duly el cted Mayor of the City of Renton, King County,
Washington, who executed the within and foregoing instrument and acknowledged said
instrument to be the free and voluntary act and deed of said City, for the uses and
purposes therein mentioned, and each on oath stated that she was authorized to execute
said instrument by resolution or other action of the City Council, and that the seal affixed
(if any) is the official seal of said City.
GIVEN under my hand and official seal the day and year last above written.
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SLOPE EASEMENT--Page 6 of 8 pages Parcel No. 172305-9026
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EXHIBIT A
LEGAL DESCRIPTION OF THE "EASEMENT STRIP"
A portion of a parcel of land located in Government Lots 5, 6 & 7 and the southwest
quarter of the northeast quarter of Section 17, Township 23 North, Range 5 East, W.M.,
said parcel more particularly described as follows:
That parcel of land described as Exhibit"C", Parcel "A", Quit Claim Deed
recorded under Auditor's file number 8806100549, records of King
County, Washington,
Except those portions as conveyed to the City of Renton by Deeds of
Dedication recorded under recording numbers 20060515000380 and
20060515000366.
Situate in the City of Renton, County of King, State of Washington.
The portion of said parcel that constitutes the subject Easement Strip is legally described
as follows:
COMMENCING at a stone monument in case which is the center of said
Section 17;
Thence South 89°46'22" East 872.40 feet along the quarter section line to
a point on the centerline of State Route 169, said point being Highway
Engineer's Station(HES) 1538+59.8 as per sheet 4 of 4, SR169 MP 23.69
to MP 25.07 State Highway Right of Way Plan approved Feb. 18, 1971,
and a point on a 10,000 foot radius curve, concave to the northeast, from
which point the radius bears North 48°25'44" East;
Thence northwesterly along the arc of said centerline through a central
angle of 00°22'08" a distance of 64.41 feet to HES 1539+24.21;
Thence South 48°47'S2" West radial to said centerline 47.29 feet;
Thence South 46°07'00" West 18.38 feet along the southeast line of said Deed of
Dedication recorded under recording number 20060515000366;
Thence South 26°12'28" West 10.03 feet along said southeast line;
Thence North 41°25'39" West 13.17 feet along said southeast line;
Thence South 47°50'00" West 16.68 feet along said southeast line to the POINT
OF BEGINNING;
Thence South 86°10'30" East 19.82 feet;
Thence South 41°41'43" East 52.17 feet;
Thence South 47°57'39" West 2.00 feet;
Thence South 42°02'21" East 15.04 feet;
Thence North 47°57'39" East 2.00 feet;
Thence South 42°19'14" East 30.15 feet;
Thence South 47°25'26" West 3.02 feet;
Thence South 42°27'12" East 10.00 feet;
SLOPE EASEMENT--Page 7 of 8 pages Parcel No. 172305-9026
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y� , . .
Thence North 47°25'26" East 3.04 feet;
Thence South 42°19'13" East 9.80 feet;
Thence South 43°02'38" East 81.48 feet;
Thence South 44°04'33" East 58.64 feet;
Thence South 45°15'29" West 3.00 feet;
Thence South 44°04'33" East 10.00 feet;
Thence North 45°15'29" East 3.00 feet;
Thence South 44°04'33" East 53.75 feet;
Thence South 44°55'27" East 33.44 feet;
Thence South 44°38'S6" West 15.65 feet to a point hereinafter referred to as Point
«A�,.
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Thence North 44°04'S1" West 366.63 feet;
Thence North 87°10'39" West 4.33 feet;
Thence North 47°50'00" East 10.51 feet to the POINT OF BEGINNING;
Together with All that portion of said Parcel "A" described as follows:
COMMENCING at the aforementioned Point"A";
Thence South 44°38'S6" West 4.35 feet;
Thence South 45°24'12" East 97.58 feet;
Thence North 44°35'18" East 4.92 feet to the POINT OF BEGINNING;
Thence continuing North 44°35'18" East 13.63 feet;
Thence South 44°47'31" East 43.14 feet;
Thence South 45°00'02" East 71.93 feet;
Thence South 45°12'06" East 23.96 feet;
Thence North 53°03'16" West 94.44 feet;
Thence North 45°24'42" West 45.42 feet to the POINT OF BEGINNING;
Containing an area of 7,186 square feet, more or less.
SUBJECT TO THE FOLLOWING:
1. Easements, covenants, conditions, restrictions and exceptions of record.
2. Any question that may arise due to the shifting and changing in course of the
Cedar River.
3. Right of the State of Washington in and to that portion, if any, of the property
herein described which lies below the line of ordinary high water of the Cedar
River.
4. Any prohibition of or limitation of use, occupancy or improvement of the land
resulting from the rights of the public or riparian owners to use any portion which
is now or has been formerly covered by water.
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