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HomeMy WebLinkAboutE 20080403000079 � Return Address: City Clerk's Office City of Renton 1055 South Grady Way 0080403000079 Renton, WA 98055 � CITY OF RENTON EAS 50.00 PAGE001 OF 009 04/03/2008 09:32 KING COUNTY, WA Please print or rype information WASHINGTON STATE RECORDER'S Cover Sheet�xcw 6s.o4> DOCUri1Crit Z'1t1e�S� (or transactions contained therein):(all areas applicable to your document must be filled in) 1. Utility Easement 2. 3. 4. Reference Number(s)of Documents assigned or released: Additional reference#'s on page_of document P�-t,Lry;rpy+��.a-� =�-�,�� ,.-��-�- J'}'"�-�°,;; �z�-p-'�-� be.P4�FS+ad".... 4.���� k �a V.P � t ,�,..�. ibb �7d.� �M;. .. f•. Grantor(s)(Last name first nanie,initials) + /� 1. Sam's Real Estate Business Trust �` �J ' �r G�, ;�t , 2. G��•r�� �� Y'��'s�Jr�� , Additiona?names en page_of document. Grantee(s) (Last name first,then first name and initials) 1. City of Renton , 2. , Additional names on page_of document. Legal description (abbreviated: i.e. lot block,plat or section,township,range) A strip of land being 7.5 feet on each side of the following described centerline: Beginning at the southwest corner of Revised Parcel 1 of City of Renton Lot line adjustment LUA-99- 153-LLA as recorded in ... Additional legal is on page 8 of document. Assessor's Property Tax Parcel Account Number ❑ Assessor Tax#not yet assigned 202305-9007 The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or com leteness 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 pare of the text on the original document. Signature of Requesting Party . , When recorded return to: City Clerk Division City of Renton 1055 S. Grady Way Renton, WA 98057 Renton. WA(Sam's)#4835-00 UTILITY EASEMENT AGREEMENT THIS UTILITY EASEMENT AGREEMENT (the "Agreement") is entered into as of the � of 7YjC�,� a� by and between SAM'S REAL ESTATE BUSINESS TRUST, a Delawaze statutory trust, whose address is 2001 S.E. 10�' Street, Bentonville, Arkansas 72716-0550 (hereinafter referred to as "Grantor") and the CITY OF RENTON, a municipal corporation(hereinafter referred to as "Grantee"). WITNESSETH WHEREAS, Grantor is the owner of that certain real property located in the City of Renton, County of King, State of Washington, legally described on Exhibit A attached hereto and made a part hereof("Grantor"); and WHEREAS, Grantee has requested from Grantor and Grantor is desirous of granting to Grantee, two (2) non-exclusive perpetual utility easements for installation, maintenance and repair of water lines at, over and under certain portions of the Sam's Club Property as more specifically defined herein; and NOW THEREFORE, in consideration of one dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant to Grantee an Easement pursuant to the following terms and conditions: 1. Accuracv of Recitals. The foregoing recitals aze true and correct and are hereby incorporated into the body of this Agreement as if fully set forth herein. 2. Easement. Grantor hereby grants to Grantee two (2) easements for the extension of utilities that may be needed for making underground utility connections for the installation, operation, maintenance and repair of a water line, each of which shall consist of 100 feet of 16-inch pipe connecting an existing 12-inch water line at the northeast corner of the building located on the Sam's Club Property ("Easement #1" and "Easement #2"). Both Easement #1 and Easement #2 shall be 15 feet wide and located in the areas depicted as the cross-hatched areas on Exhibit B ("Easement Areas") and legally described on Exhibit C. Grantee agrees to repair any damage caused to the Easement Areas or the surrounding area that is a result of any construction, or the acts of negligence of Grantee, its customers, employees, 671934.2 3/2/2007 1 � � invitees, or contractors in extending, maintaining, or repairing the utility line. In the exercise of such rights, Grantee shall not take or cause to be taken any action which would constitute a material change to the original civil engineering plan for the Grantor Property and Grantee shall use reasonable efforts to minimize to the extent reasonably practicable any damage to or interference with the use and employment at any other tract or of any business conducted thereon. Grantee shall exercise its utility extension rights in such a manner that will cause minimal disruption to the on-going business operation of Grantor. 3. Use. The Grantee, through its officers, employees and agents, shall have the right to enter upon the Easement Areas in such a manner and at such times from the date hereof as may be reasonably necessary for the purpose of conducting, building, laying, patrolling, replacing and maintaining thereon the water pipe line and its appurtenances, including such repairs, replacements and removals as may be from time to time required. Said right shall be perpetual, but should Grantee cease to use, maintain and/or repair said Easement line(s) for a period of two years, then the applicable utility lines or appurtenances thereon installed in or upon said lands shall be removed by Grantee within a reasonable time. Any utility extension lines shall be laid so that the top thereof shall be buried not less than thirty inches below the natural surface of the ground. 4. Maintenance. (a) Grantee shall restore the surface(s) of the Easement Areas to their original condition immediately following any of Grantee's permitted activities within the Easement Areas, so that Grantor, its successor and assigns shall have the free and unobstructed use thereof, subject to the rights of Grantee herein provided. Grantee will make no unreasonable interference with such use of the surface of said lands by Grantor, its successor and assigns. (b) Grantee, upon the initial installation, and upon each and every occasion that the same is repaired, renewed, added or removed, shall restore the premises of the Grantor Property, and any such buildings or improvements disturbed, to a condition as they were prior to any such installation or work, including the restoration of any topsoil. (c) If, in an emergency, it shall become necessary for Grantor to promptly make any repairs that otherwise would have been the responsibility of the Grantee, or if the Grantee shall fail to adequately maintain the Easement Areas as provided herein, then Grantor, at its sole option, may proceed forthwith to have the repairs made and pay the cost thereof, and to receive reimbursement therefor from the Grantee within thirty (30) days after a written request for same. In such instance, Grantor shall provide the Grantee with oral notification of its intention to make such repairs or the occurrence of such repairs, at the earliest practicable time given the nature and extent of the emergency. (d) Maintenance shall not take place in the months of November and December of each year. (e) Said Easement Areas shall not be a staging area for heavy-duty equipment or other materials. 671934.2 3/2/2007 2 (� One lane for ingess and egress in the Easement Areas shall remain open at all times. 5. Indemni�cation and Insurance. (a) Grantor, its successors and assigns, will not be responsible for damage by others to said utility line. Grantee shall indemnify, defend and hold harmless Grantor for any damages or liability to persons or property that might arise from the use, construction, operation or maintenance of the Easement and associated lines by Grantee, its agents, employees, contractors, or anyone authorized by Grantee. (b) The Grantee will carry and keep in force, at its own expense, Comprehensive General Liability insurance with companies that do business in this State, in an amount not less than $2,000,000.0 single limited personal injury and property damage; and $2,000,000.00 combined personal injury and property damage. All policies of insurance shall be considered primary of any existing, similar insurance carried by Grantor. The Grantee shall furnish Grantor with a Certificate of Insurance upon written request. 6. Compliance. (a) In exercising any rights and privileg�s under this easement, Grantee shall comply fully with any federal, state or local laws, regulations, ordinances, permits or other authorizations or approvals or other requirements relating to storm water discharges or the control of erosion or sediment discharges from construction projects, including but not limited to the Clean Water Act, 33 U.S.C. § 1251 et seq., and the Storm Water General Permit for Discharges Associated with Construction Activities (collectively the "Storm Water Requirements"). (b) Grantee shall secure, maintain and comply with all required licenses, permits and certificates relating to, or otherwise necessary or appropriate for, the construction, installation, repair, replacement and maintenance of either Grantee's improvements or the Easement Areas as provided for herein. (c) Grantee shall (i) comply in all respects with all immigration laws, statutes, rules, codes and regulations, (ii)properly maintain all records required by the United States Citizenship and Immigration Services (the "USCIS"), including, without limitation, the completion and maintenance of the Form I-9 for each of Grantee's employees, and (iii)respond in a timely fashion to any inspection requests related to such I-9 Forms. 7. Hazardous Waste. Grantee (hereafter the indemnifying party), its successors and assigns, shall indemnify and hold harmless from and against any and all losses, liabilities (including strict liability), damages, injuries, expenses, and costs including, without limitation, reasonable attorney's fees, of any settlement or judgment and claim of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Grantor, its successors and assigns by any person or entity or governmental agency, for, with respect to, or as a direct or indirect result of the escape, seepage, leakage, spillage, emission, discharge or release of any Hazardous Substance (as defined hereinbelow) resulting from the operations of the Grantee upon or under any parcel of land owned by Grantor including, without limitation, any losses, liabilities 6719342 3/2/2007 3 (including strict liability), damage, injuries, expenses, and costs, including, without limitation, reasonable attorney's fees, of any settlement or judgment or claims asserted or arising under, as amended, the comprehensive Environmental Responses, Compensation and Liability Act, the Superfund Amendment and Reauthorization Act, the Resource Conservation Recovery Act, the Federal Water Pollution Control Act, the Federal Environmental Pesticides Act, the Clean Water Act, any so-called federal, state or local "Superfund" or "Superlien" statute, or any other statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability (including strict liability), or standards of conduct concerning any Hazardous Substance. 8. Duration. The agreements contained herein and the rights granted hereby shall run with the title to the Easement Areas and shall bind and inure to the benefit of the parties hereto and their respective heirs, successors, sublessees and assigns; subject, however, to the provisions of Paragraph 1 above. 9. Relocation. (a) Grantor reserves the right to modify or relocate the utility lines and associated easements, at the expense of Grantor, provided any such modification or relocation does not prevent adequate delivery of such utility services. (b) In case of the opening of a public road or street to or upon Grantor Property, then any portion of such line interfering with the proper construction and maintenance of such road or street shall be adjusted accordingly by Grantee, at its expense, so as not to interfere with such road or street. 10. Headings. The headings of the paragraphs contained herein are intended for reference purposes only and shall not be used to interpret the agreements contained herein or the rights ranted hereby. 11. Counterparts. This agreement may be executed in any number of counterparts, each of which shall be deemed an original,but all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. GRANTOR: SAM'S REAL ESTATE BUSINES5 byprqv��to-1�g�1 terms only TR ST, a Delaware statutory trust WAL-MA T EGAL DEPT. Date: �.�.--- By 4� icholas S. Goodner Its Senior Realty Manager 6719342 3/2/2007 4 GRANTEE: CITY OF RENTON, a municipal corporation '� . By Title Denis Law, Mayor Attest: ��• W �Z.��`-' Bonnie I . Walton , City Clerk State of Arkansas 3-a�.aoo� County of Benton The foregoing instrument was acknowledged before me this � day of Yi f , 2007, by Nicholas S. Goodner a Senior Realty Manager of Sam's Real Estate Business Trust, a Delaware statutory trust, on behalf of the trust. '� Date `iR'`�i���i`f��i��L" � , �,�;'=1fii :€��`!�h;y Fi,ShK (/�,�?o��-K�- ���g�VS!i'B.:>i'f. 4 «i // a��� .i��• y�t�'Jn vnUit�y 4 MyCommi�s;�n�x�:;F;, ,Rir�����oj5 '- �Totary Public ,.,.,.......�„� ..�,.�-_., State of ',1,) � County of � The foregoing instrument was acknowledged before me this � day of �/1/1ri�'G� , 200� by I�e-v��5 L-Ct � , the V1��vvr� of �'Gt� C�fv o� �_,��-o ., , a�n) �'L1�s v�t�i,�cl l �,�n�„-�t� t.�e —.. (Seal ani� Expiration Dfite) � � i��/ N tary ublic 671934.2 3/2/2007 5 EXHIBIT A (Legal Description of Sam's Property) 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 UNDER RECORDING NO. 20010213900004,RECORDS OF KING COUNTY,WASHINGTON,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 19, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, FROM WHICH POINT THE NORTH QUARTER CORNER OF SAID SECTION 19 BEARS NORTH 89°42' 16"WEST,2661.81 FEET DISTANT; THENCE SOUTH 00°44'46" WEST, 72.43 FEET TO THE SOUTHERLY MARGIN OF S.W. GRADY WAY,THE POINT OF BEGINNING, AND THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT, FROM WHICH POINT THE RADIUS POINT OF SAID CURVE BEARS NORTH 40°22"46"WEST,3857.93 FEET DISTANT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND SOUTHERLY MARGIN OF S.W. GRADY WAY,PASSING THROUGH A CENTRAL 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; THENCE SOUTH 43°36'S2"EAST, 100.35 FEET; THENCE SOUTH 89° 59' 34" EAST, 93.70 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT, FROM WHICH POINT THE RADIUS POINT OF SAID CURVE BEARS NORTH 89°25'43"EAST,62.00 FEET DISTANT; 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 MAIN AVENUE SOUTH (BENSON ROAD SOUTH); THENCE ALONG SAID WESTERLY h4ARGIN THE FOLLOWING FIVE COURSES: THENCE SOUTH 01°28' 24" WEST, 296.92 FEET TO THE BEGINNING OF A 199.18-FOOT-RADIUS CURVE TO THE RIGHT; THENCE ALONG THE ARC OF SAID CURVE, PASSING THROUGH A CENTRAL ANGLE OF 48° 46' 00", AN ARC 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 THROUGH A CENTRAL ANGLE OF 25° 28' 00", AN ARC DISTANCE OF 225.56 FEET; THENCE SOUTH 24°46'24"WEST, 126.70 FEET; THENCE NORTH 77°58' 12"WEST,94.72 FEET; THENCE SOUTH 11°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: THENCE NORTH 02° 39' 15" EAST, 130.75 FEET TO THE BEGINNING OF A 750.00-FOOT-RADIUS CURVE TO THE LEFT; THENCE ALONG THE ARC OF SAID CURVE, PASSING THROUGH A CENTRAL ANGLE OF 35° 31' 26", AN ARC DISTANCE OF 465A1 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 CURVE, 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 AND A POINT OF REVERSE CURVATURE WITH A 3857.93-FOOT-RADIUS CURVE TO THE LEFT; THENCE ALONG THE 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. 671934.2 3/2/2007 6 � . � _ . � W , A tJ . W N N O O _ � �-,-� -, ,f�� ^�� .� .s, �;� �. ..,� ��ar ,-" P° ;f C.� ``�'`ti, ry c� � , q j_ �... �- `\, � ��� � �j=-� L.:�> '�,,,�``,, o------ -r��a � �� ���R •`� ��� ,?_, �''`,�,y. lf, � � �r```�.,�. ' � f�F_ / ���.,��� �__� � � '; ``� . t �;,- �, �,t.` C �/'�/.� � � ^ � � I ;r '`"�— . � �__..._-------____`��' -------------- a'�: ti C239'75�<_" .CRUe i�7NT!7f'9ECtkIM�` '��` "_ "'-' --y r ...._-_' - '--'__...�%"'..c,�a".,�..,:r..� .�.. � � 5728' �n:,�� ��'"� �- ,�,.— _ ._ a l � .�� � ,� i �__..�__ ! � ; �a�7o.4 � ��� _---�.,,% , «��; �.� � � _.� , � � �I..� . v � \`` z '' �`� EzISitNG WAtEft UNE i E. � . � � �.� �841#6'i-2t5.b9` �� �,i} �( LAStAtGNT .,_ i� �`��,,.ti..:..F3 .� �� $' �t ..`.. ;,�\� . ,,�� �f f26C.Nfl, - �� /,� YODat�St�Uql3<4 " ,,Y^:- �� T`�,, �'`-_.` ..� ��"F�'WW�ia��'AAti9tlNf �� (1WfCAl} ' �� � F,' `y..l�'4"' �;. . H 7�5%'SS'€ � SAM�S CLUD // 4�II35-OC �.L�� � '..,� � it0.98�. NEW t;'aRp£ � � \l�� ��u;tliiY(nSEuzwt � i fZCNTCN, �IJA ` �F `� �`"� \ ) -h'�W i6`9/A.ifR UNF,' � � '� � �\�' � . - , �L `� " 1 � ,`�'•, y%'� -N 1t 36 2S€� k t.h151'3P� l ,� ' i } �`�"� t.____ ---,._, �,:'`,�:^•. . _�_.�_.18�1."`�ZZ�T� . �i '_"..� �"'"�_:- � _"`_'`:,,� ` ' ; �� t'� ; , + ��",`� � � �---__...�______ * `' . �--. .�-_ --__--____ �Ncrsss rw G �,/ wr, ______,,.,,.�...._. ._,...., a,..,,�,,,,� \��:`'-'.- ..,:. _ __ ==�-' r; r:t�•St��w �('Iv�ON ROAD �OUTH �" .'�� tuw a5-�+en watt+�un[---.,, :>5.3a' •`°'"':,,!`i Mew s:;+v�F,ut¢nv t':.sauca?—�Z.� �,,,/" � " �3t"5&'N5°w �,XNI�31T A - WATER L!N[ CASEMENT LUi.ATI(?N �',`��� 1��9s' *`,,� ^_--,,.,..�,,,,,_,�.,,,,,,...,..O�'(N ��•tat1E ptAHi fii BEQNNtNG .. i. �__�U�' i ��,�N I EXHIBIT C LEGAL DESCRIPTION OF EASEMENT: A strip of land being 7.5 feet on each side of the following described centerline: Beginning at the southwest corner of Revised Parcel 1 of City of Renton Lot line Adjustment LUA-99-153-LLA as recorded in Book 143 of Surveys at page 81, under auditor's file number 20010213900004, records of King County, Washington, in the Northeast quarter of section 19, and the Northwest quarter of section 20, Township 23 North, Range 5 East, Willamette Meridian, City of Renton, King County, Washington; Thence North 02°39'15" East along the west line of said Revised Parcel 1, a distance of 67.78 feet to the TRUE POINT OF BEGINNING of the easement centerline; Thence South 87°20'45" East, a distance of 49.86 feet to the point of beginning of a non- tangent curve to the left, with a radius of 153.00 feet and a radial line bearing of North 04°20'30"West; Thence northeasterly along said curve to the left, through a central angle of 80°46'14" and an arc length of 215.69 feet; Thence North 72°57'S5" East, a distance of 110.88 feet; Thence North 21°36'23"East, a distance of 289.96 feet; Thence North 00°53'37" West, a distance of 22.87 feet to the terminus of said easement centerline. AND A strip of land being 7.5 feet on each side of the following described centerline: Beginning at the northeast corner of Revised Parcel 4 of City of Renton Lot line Adjustment LUA-99-153-LLA as recorded in Book 143 of Surveys at page 81, under auditor's file number 20010213900004, records of King County, Washington, in the Northeast quarter of section 19, and the Northwest quarter of section 20, Township 23 North, Range 5 East, Willamette Meridian, City of Renton, King County, Washington; Thence South O1°58'45" West along the east line of said Revised Parcel 4, a distance of 127.89 feet to the TRUE POINT OF BEGINNING of the easement centerline; Thence North 88°31'36" West, a distance of 56.38 feet; Thence North 68°23'37"West, a distance of 30.12 feet to the terminus of said easement centerline. 671934.2 3/2/2007 8