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Home My WebLink AboutE 20070710000392 Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 20070710000392 CITY OF RENTON EAS 39.00 PAGE001 OF 008 07/30/2007 09:38 KING COUNTY, WA Title: UTILITIES EASEMENT AMENDMENT Property Tax Parcel Number: 082305-9231 Project File#: U060107 & B060553 Street Intersection or Project Name: Reference Number(s) of Documents assigned or released: 198809230146 and 20070122001465 Grantor(s): Grantee(s): 1. Lowe's HIW Inc. 1. City of Renton,a Municipal Corporation THIS DOCUMENT HEREBY AMENDS THAT PORTION OF THE UTILITIES EASEMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 198809230146 LYING WITHIN THE PROPERTY DESCRIBED IN EXHIBIT A,TOWIT: Lot2 of City of Renton Short Plat LUA —060-080-SHPL, as recorded under King County Rec. No. 20061011900007, situate in the Northwest quarter of Section 8, Township 23 North Range 5 East, W.M., in the City of Renton,King County, Washington. THE EASEMENT AREA ON THE SUBJECT PARCEL IS HEREBY MODIFIED TO THAT AREA DESCRIBED IN EXHIBIT B AND ILLUSTRATED IN EXHIBIT MAP "C" SHEETS 1 &2. TOGETHER WITH THE RIGHTS ENJOYED BY THE GRANTEE PURSUANT TO THE ORIGINAL EASEMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 198809230146 THIS EASEMENT AMENDMENT IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS AND SUPERCEDES THOSE DEFINED IN THE EASEMENT AMENDMENT RECORDED UNDER KING COLJNTY RECORDING NUMBER 20070122001465: 1. Release of the easterly 5 feet of existing easement only applies to that portion of the easement adjacent to the west side of the building and 10 feet on either side of the northwest and southwest corners of the building. All remaining portions of the existing easement for the 72-inch storm pipe shall remain a width of 20 feet. 2. Prior to construction of the building or installation of the reyuired shoring, the development proponent or representative shall TV inspect the existing 72-inch storm line adjacent to where the proposed building wali and required shoring is to be constructed to establish the condition of the pipe prior to construction. The TV tape shall be provided to the City prior to the issuance of the project construction permit. Upon completing the building shoring construction and all pile driving onsite, a post-construction TV inspection shall be performed and the tape provided to the City to review. The tapes will be used to determine if the pipe was damaged as a result of the construction work. City inspectors shall be notified and on site when TV inspections (pre-and post-construction)are performed. _�� C:�Documents and Settings�AElias�L,ocal Settings\Temporary Internet Files\OLK28C\new easemen'"t agreement(re�oc Page I FORM 03 0013/bh/CA2-21-97 ,..1" �.Pa,.v -.�. , T'- .....Y�.� ..9 's.� - ,� . ... (,��l'►�'� . � �� 3. During construction of the building shoring,the invert elevations and rim elevations at manhole structures associated with the 72-inch storm system,closest to the wall construction,shall be monitored far any settlement,along with the surface area above the pipe. 4. If the pipe is damaged or settlement occurs during construction or if damage or settlement is identified within one year following final occupancy,the developer will be responsible to repair the damage or settlement to City standards. 5. When the City has to maintain,repair,replace or reconstruct the pipe in the area where the existing easement is being reduced the property owner shall be responsible for all construction costs in excess of those construction costs associated with normal construction and trenching methods as a result of the reduced easement width and lack of required building set back from the easement. Construction costs in excess of costs associated with normal construction and trenching methods shall include but not be limited to the following: • The requirement to use CDF or other special material as backfill due to limited space necessary to achieve proper compaction. • The requirement for additional precautions that may be necessary during construction to avoid damaging the building structure due to the limited working area. • The requirement to use special equipment and shoring techniques due to limited space,access and reduced equipment maneuverability,which makes construction more difficult. • Any other costs identified by the City that are in excess of those costs associated with normal construction and trenching methods. The property owner further agrees to indemnify and hold harmless the City and its agents from any damage that may occur to the structure located in the reduced easement as a result of any future maintenance,repair,replacement or reconstruction of the 72" storm pipe. C:\Documents and Settings�AElias\Local Settings\Temporary Internet Files\OLK28C\new easement agreement(revl)(2).doc Page 2 FORM 03 0013/bh/CA2-21-97 , � . ' � , IN WITI�ESS WHEREOF, said City has caused this instrument to be executed by the Mayor and City Clerk this Z I 5'� day of s.�,..�� ,20CS). MAY R T� LKER �Z��e� � (�l� ��QB7 CITY CLERK �NNIE I. WALTON ,� T' ' �.•� `m*04�� STATE OF WASHINGTON )ss " (�� . .:;`;,�j�, t+�� COLJNTY OF KING ) , ., • : � '��"?�,�„�§.��, f,�� I certify that I know or have satisfactory evidence that Kathy Keolker and�onni Walton aze the ''�,�`,, ::'�.��':�' <�4�-, P�, persons who appeared before me,and said persons acknowledged that they signe�this ' �•� � :.:�; � � inswment,on oath stated that they were authorized to execute the instrument and �� , ="�' '= acknowledged it as the MAYOR,and the CITY CLERK,CITY OF RENTON,to be the free and '� ` . , >�� voluntary act such parties for the uses and purposes mentioned in the instrument. '' ' . . _.��- y'�� , . r . . . �id ,3--:,. ^. � �,, Notary ublic in and for the tate of Washington ��3��$�,�i,�:;J�,,�: � Nota Print � )�S c,-� /-1- S L 4-� My appointment expires: (�, � Z�� Zo�s S Dated: (r/7�/ZDp � �� ,� % c� Mike Skiles—Lowe's HIW VP Real Estate CORPOR.4TE FOR610FACKNOµ'LEDGh1ENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING ) On this day of , 19 ,before me personally appeared to me known to be of the corporation that executed the within instrumen d acknowledge the said instrument to be the free and voluntary act and dee f said corporation,for the uses and purposes therei❑ mentioned,and each oath stated that he/she was authorized to execute said p'" instrument and t the seal affixed is the corporate seal of said corporation. � � Nota ublic in and for the State of Washington � tary(Print) My appointment expires: Dated: C:�Documents and Settings�AEliasU.ocal Settings\Temporary Internet Files\OLK28C�new easement agreement(rev 1)(2).doc Page 3 FORM 03 0013/bh/CA2-21-97 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r -_.��!�4L�i:f�r.�_'.�—r�C'k`<��F.'�'�C�'.C`l^+Ct'�l'`�Ct.C'CiC`S'iC.��!��'��_'+�'�'i1�-'.G'��iGY��`�'�S�<'!Se��•f.7S�ifc=f'.(C:GTC`�'_�^v�`_2Q7'� �' i State of California �i � County of �i'�,�J �/f�i0 ss. ; i � �I iOn /�1/F`� l/�, o�d07 before me, �/r5T/�tJ�. /�u/.9�NDTO . �O%R.QY�gu�� ,i Date Name and Title of Officer(e.g,"Jane Doe,Notary Public") � personally appeared �/t�_�f+��G� �.• ss�lL.ES , � Name(s)of Signer(s) � � �5'personally known to me ❑ proved to me on the basis of satisfactory ;'' evidence � i �' to be the person(ej whose name(ej is/a�e � i� subscribed to the within instrument and �! CHRISTINE KAWAMOTO �' Commiss(on#1441250 acknowledged to me that he/s�ieE�iey executed i � � �� ary p��_��{p� � the same in his/ber�#I�e+r authorized i San Diego Counly capacity(�es�), and that by his/He��!#F�e�ir ; � W�yComm.ExpkeaSep23.20C; signature(s�on the instrument the person(e), or ,i i . the entity upon behalf of which the person(s) i �, acted, executed the instrument. ,� � WITNESS my hand and official seal. ,� I� �7'��Gfl� 1 .GfiY�� ' �r Signature of Notary Public ,j << �I �� OPT/ONAL '� Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent � fraudulent removal and reattachment of this form to another document. ' Description of Attached Document i Title or Type of Document: �f/�T!E S C/.��"/y�{jT Tt/yl�,f�1»/l?�.fJ% � � � Document Date: Number of Pages: I Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: . � ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee � ❑ Guardian or Conservator ❑ Other: i f Signer Is Representing: L — _ _ _ __ — — — — _ ._ — _ — — — - ` - - - - ._ - _. — _ — __ J OO 1999 National Notay Associatwn•9350 De Soto Ave,P O Box 2402•Chatsworth,CA 91313-2402•www.nahonalnotary.org Prod.No 5907 Reordec Call Toll-Pree 1-800-876-6827 • EXHIBTT A PARCEL DESCRIPTION Lot 2 in City of Renton Shart Plat No. LUA-06-480-SHPL as recorded under King Coutrty Auditor's file Na.20061011900007,records of King Cour€ty,Washington. � �n2Z2.2?.?:c,<''=L?i:,C��a">::::.>:.�;�,. �;'f ,�,j';'lI�7�T f4ti �� :� � �r 1..�,..�..\�.. <=�,a' �� ' • k'�'` t�y� , r.r� �' K;� � r�° � . C=i � . „� r; . `� <7 � rt>. 2334 5 c`J,•%�, I ..;.'.'... , �� ,.;:.. `;�:,;>> ��,It� a� ,�;: ,,��, .:;�::�.:�.;.��z-;;� EXHIBiT B EA5EMENT DESCRCPTION T'hat portion of the existing utility easement recorded under King County Anditor's�le No. 830923014�,rccards of King County,Washington, lying within Lot 2 City of Rentoit Short Plat No. LUA-46-080-SHPL as recorded under King County Auditor's fite No. 20Q61011900407,records of King County,Washington,describec�as follows: Comme��cing at the Northeast cozx�er of said Lot 2; Thence Soutb.49°OS'06"West alon�the Northerly line of said Lot 2,being the Sout�aerIy margin of Park Avenue North, for a distln.ce of 406.82 feet; Thence continuing along the Northerly tine of said Lot 2 and Southerly mar�in of Park Avenue North at South 31°53'S5" West foi•a distance of 4b.64 feet to the Easterly line of said existing utility easement and lhe True Point of Beginning; Thence South 18°00'30"East along said Easterly ii�ie f�r a distance of 23.70 feet; Thence South 7i°59'30" West for a distance of 5.00 feet; Thence South 18°00'30"Bast for a distance of 3G4.50 feet; Thence North 71°59'30"East for a distance of 5.00 feeC; Thence South 1$°00'30"East for a distanee of 465.3U feet to the Northeriy line of righE- of-way dedicated to the City of Renton in instirument recorded under King Co�inty Auditor's file No. 2406101300�375,being a point on a non-langent curve concave to the Norl:k�cast having a radius of 3b.00 Feet from which a radial licle of said curve bears North 24°27'39"East; Thence Not-therly anc�Westerly alon.g said cuive for an arc length distance of 30.G2 feet through a centraE angle of 48°44'11"; `Ilience South 68°32'59"West for a distance of 8.33 feet to the Easterly margin of Garden Avenue North as delineated on said Short P1at; Thence North l$°00'30" West along said Easterty mar�in for a distance of 769.85 feet; Thence continuing aIong said Easterly margin at North 08°39'15"West for a distance of 47.07 feet to the Southerly margin oFP�rk Avenue North as delineated on said Shor� Plat; Thence North 31°53'S5" East alon�said Southerly margin for a distance of I6.14 feet to the True Point of Beginning. .r%.�:Q�r',�'.,.?.,;,�,Sc..��..a..>^^,�, �� i`!�'� � ��l �{ ��£�.. ��tiV.�✓ "` � , ` , �� Ci f �^i� : �i' j �'��'` A .-� �1 � l'� r�� 23345 �C1 �'•;,� � � t' . ?�.'.��.. i ;� ,. 4�, l��jf� n ;- , ; -;- � ,�s .. .,;;:��5:;;;�s::�::,:^,i.�?:Gu..2�� EXl�BIT MAP "C� SHEET 1 i �USE'R WAY \� � ��'�/ 1 4t � 2 0 �-�P , 6� N� �oRNE 1. QP o�° , � y� �� ,�� S3,46•6� W �.�5��23�� ,Z / �' �1 .�P�4> ,2 0 1 pq 2fl0 4Q0 � SNtiE� Z FOR o� ,�0 Scale in �'eet , 1�5�� 12 �� \ � , L0� � P 1` N ,R�06�a4�5N �" o� ;c. G� 'cn,� �1•�A 6�p1�94�0 ��J, o �C.� 2�� , Z cn, R �5�� EPS��`��'f q� , ` pgoP , �1 � �6g.0 � 1 rZfl� ,� ` 1 , 1 �a•d , \ � � , �a�c � ` ` �P p6�a�NP� 1 1 �" 1 � .�"�� 750 Sixth Stree#South Kirkland,WA 98033 p.425.827.2014� f.425.827.5043 P E ...................................................... Civil �Structura! �Planning�Survey An Engineering Servicees Company paceengrs.COt11 SCALE: 1" = 200' FILE: 5770—EXH.DWG DATE: 11 9 06 DMB PROJ. NO.: 05770.14 EXHIBI7 MAP "C" s��r z �� ,,,�h, S18'00'30"E ,�^� �a 23.70 �� / / ' � , , s��'59 30�w 5.00 1 L0� 2 , , SP � LUA-06-OSOSHPL � REC. � 20(I67Q11900407 � ` 1 `�°: 1 1 ti ,o � � o, 1cn 1 p V' � ,� 1 � � _1 ,O � 1 � , \ ^ / , � V �"' ` 1 �` � , �(�'�'� ` \ ' " 1 1 , , � , ' � , N73'S9 3Q"E 0 30 60 120 � � $'�� Scale In Feet � � •� 750 Sixth S#reet South Kirkland,WA 98033 p.425.827,2014� f.425.827.5043 P E ..�...................a�...Plannin�...�Surve Ciwi�8tructur � g� y An Engineering Seroices Company paceengrs.COm SCALE: 1" = 60' FILE:\577Q-EXH.DWG DATE: 11/9/06 DMB PROJ. NO.: 0577fl.14