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HomeMy WebLinkAboutE 20081226001057 � > ` , . Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 20081226001057 CITY OF RENTON EAS 53.00 PAGE001 OF 032 32/26/2008 18:25 KING COUNTY, WA WATER UTILITY EASEMENT Pro er Tax Parcei Number: 088660-0010 & 0011 Project File#LUA-07-066-SHPL Project Name: Lakeshore Landing Lots 1 &2 Referenee Number(s)of Documents assigned or released: Additional reference numbers are on page Grantor(s): Transwestern Harvest Lakeshore, L.L.C., a Delaware limited liability company Grantee(s): City of Renton, a Municipal Corporation Grantor, as named above, for and in consideration of mutual benefits, does by these presents, grant, bargain, convey, and warrant unto the above named Grantee, its successors and assigns, an easement for public water line with necessary appurtenances ("Water Utility Easement") over, under, through, across and upon that portion of the property in King County, Washington, more particularly described on Exhibit "A" and depicted on Exhibit "B", both of wllich are attached hereto and made a part hereof for all purposes(the "Easement Area"); for the purpose of constructing, reconstructing, installing, repairing, replacing, enlarging, operating and maintaining water line utilities and utility pipelines (the "Facilities"), together with the right of ingress and egress thereto without prior institution of any suit or proceediilgs of law and without incurring any legal obligation or liability therefor. Following the initial construction of its Facilities, Grantee may, from time to time and at Grantee's sole cost and expense, construct within the Easement Area such additional Facilities as it may require. This Water Utility Easement is granted subject to the following terms and conditions: l. Grantee shali, upon completion of any work within the Easement Area, restore the surface of the Easement Area and any private improvements disturbed or destroyed during eYecution 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. Grantee shall at all times exercise its rights hereunder so as not to interfere with Grantor's reasonable use of the remainder of the property owned by Grantor. 3. Grantor hereby reserves and retains all other property rights in and to the Easement Area, including without limitation, the rights to (a) use the Easement Area for any purpose whatsoever, so long as such use does not unreasonably interfere with Grantee's rights hereunder and (b) locate electric, gas and water lines and other utilities in the Easement Area, so long as such improvements do not unreasonably interfere with Grantee's permitted use of the Easement Area. Grantor further reserves Watereasement.doc\ Page I FORM 03 0009/bh/ EXC!•S�TA,�PtQ�R�Q�IRED n�co.Records �,:stan � , .• , . , ' and retains the right from time to time to cause Grantee to relocate the Facilities at Grantor's expense, at such location to be mutually agreed upon by the parties, such agreement not to be unreasonably withheld, conditioned or delayed by either party. It is understood that if such relocation of the Facilities is to a place outside of the Easement Area, Grantee shall execute and deliver to Grantor,promptly upon request, an amendment to this instrument setting forth the revised Easement Area. Grantor shall not,however, have the right to: a. Erect or maintain any buildings or structures within the Easement Area; 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 Area 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 Easement Area which would disturb the compaction or unearth Grantee's Facilities on the Easement Area, or endanger the lateral support facilities. e. Blast within fifteen(15)feet of the Easement Area. This Water Utility 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 Area and that it has a good and lawful right to execute this Water Utility Easement. By this conveyance, Grantor will warrant and defend all and singular the Easement Area unto the Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise, subject, however to all prior matters of record validly existing and affecting said Easement Area. This conveyance shall bind the heirs, executors, administrators and assigns forever. [Signature pages to follow this page] Watereasement.doc\ Page 2 FORM 03 0008/bh/ IN WITNESS WHEREOF, said Grantor has caused this instrunient to be executed this �s>' day of � �, 2008. TRANSWESTERN HARVEST LAKESHORE, L.L.C.. a Dela�vare limited liability company By: TRANSWESTERN LAKESHORE, L.L.C, a Dela�vare limited liability company, as Manager By: egenaars ana�ing Director FORA/OFACtiNOli'LEDG�ti1F.NT Notary Seal must be�tiithin box STATE OF ILLINOIS ) ) SS , COLJNT�' OI� COOK ) �o On this � day of / �r�, , 2008, before me personally �� appeared Dirl<Degenaal-s, to me personally knowTl, being first by me �n duly s�vorn, did say that he is the Managing Director of :�� TRANSWESTERN LAKESHORE, L.L.C, a Delaware limited liability _ �,,.. company, Manager of Trans�vestern Harvest Lakeshore, L.L.C, a ��' Delaware limited liabilitycompany, and that said instrument was � si�ned on behalf of said limited liability company and acknowled�;ed Q � said instrument to be the tree act and deed of said limited liability .,* company or the uses and purposes therein mentioned. � + �otary �blic in a—n�d--for the Sta of Illinois Notary(Print) l��tG/� �/x�i�Y My commission expires: �1?�2�/�� [Si�nat�u-es continued on next page] WatcreaticnxnLduc� Pagc 3 FORM 113 UOO8,'bh/ TRANSWESTERN HARVEST LAKESHORE,L.L.C., a Delaware limited liability company By: HARVEST LAKESHORE,LTD., a Texas limited partnership, as Manager By: Harvest Lakeshore Partners, LLC, a Texas limited liability company, its sole general partner By: � Eliot B. Barnett Manager FOR.n�oF.ach�N�o�r�r_Focn�e,vr Notary Seal must be within box STATE OF TEXAS ) ) SS COUNTY OF DALLAS) m o On this ��'" day of�2008,before me personally �a o appeared Eliot B. Barnett,to me personally known,being first by me {Nj�W N duly sworn, did say that he is the Manager of HARVEST g � = LAKESHORE PARTNERS, LLC, a Texas limited liability company, �� � sole general partner of Harvest Lakeshore, Ltd., a Texas limited � o m partnership, Manager of Transwestern Harvest Lakeshore, L.L.C., a ?o Delaware limited liability company, and that said instrument was � signed on behalf of said limited liability company and acknowledged said instrument to be the free act and deed of said limited liability � �`� company for th es a d pu oses therein mentioned. � a � �� Notary ubl'c in and for the State of Texas Notary(Print) My commission expires: Watereasement.doc\ Page 4 FORM 03 0008/bh/ EXHIBIT "A" LEGAL DESCRIPTION A portion of the Northwest Quarter of Section 8, Township 23 North, Range 5 East, Willamette Meridian, in the City of Renton, King County, Washington. Those portions of Lots 1 and 2 of City of Renton Short Plat No. LUA-07-066-SHPL, recorded under recording number 20080408900007, records of King County, Washington, lying within the northwest quarter of Section 8, Township 23 North, Range 5 East, Willamette Meridian, in the City of Renton, ICing County, Washington, described as follows: The Centerline of a 15.00 foot wide easement,having 7.50 feet on each side, described as follows: COMMENCING at the Westerly most corner of Lot 1 thereof: Thence N37°13'42"E, along the Northwesterly boundary thereof, a distance of 5.25 feet; Thence along a tangent curve to the right having a radius of 933.50 feet, through a central angle of 22°27'43"and an arc distance of 365.96 feet to the Beginning of Centerline; Thence S26°57'27"E, a distance of 9,22 feet; Thence N63°02'33"E, a distance of 42.22 feet; Thence S71°57'27"E, a distance of 26.17 feet; Thence S26°57'27"E, a distance of 17.67 feet to a point hereinafter referred to as Point A; Thence S63°02'33"W, a distance of 35.85 feet to the Terminus of Centerline. The sidelines of said 15.00 wide easement are to be lengthened or shortened as to terminate at the Northwesterly boundary of said Short Plat. TOGETHER WITH the Centerline of a 15.00 foot wide easement, having 7.50 feet on each side, described as follows: BEGINNING at said Point A; Thence N63°02'33"E, a distance of 32.73 feet to the Terminus of Centerline. TOGETHER WITH the Centerline of a 15.00 foot wide easement, having 7.50 feet on each side, described as follows: BEGINNING at said Point A; Thence S26°57'27"E, a distance of 43.18 feet to the Terminus of Centerline. EXCEPT any portion thereof within a building footprint. Containing 2,859 square feet,more or less. TOGETHER WITH the Centerline of a 15.00 foot wide easement,having 7.50 feet on each side, described as follows; COMMENCING at the Northerly most Southeast corner of said Lot 1; Thence N00°56'42"E, along the Easterly boundary thereof, a distance of 141.03 feet; Thence along a tangent curve to the left having a radius of 547.50 feet, through a central angle of 13°15'S6"and an arc distance of 126.76 feet to the Beginning of Centerline; Thence S79°44'25"W, a distance of 1.00 foot; Thence S34°44'25"W, a distance of 29.86 feet; Thence S55°23'36"W, a distance of 27.87 feet; Thence along a tangent curve to the right having a radius of 400.00 feet, through a central angle of 09°24'08" and an arc distance of 65.64 feet to a point hereinafter referred to as Point B; Thence continuing along said curve, through a central angle of 00°53'10"and an arc distance of 6.19 feet; Thence S65°40'S4"W, a distance of 4.96 feet to a point hereinafter referred to as Point C; Thence continuing S65°40'S4"W, a distance of 33.86 feet to a point hereinafter referred to as Point D; Thence continuing S65°40'S4"W, a distance of 31.14 feet to a point hereinafter referred to as Point E; Thence continuing S65°40'S4"W, a distance of 66.98 feet; Thence along a tangent curve to the right having a radius of 500.00 feet, through a central angle of OS°14'21"and an arc distance of 45.72 feet; Thence S70°55'15"W, a distance of 22.95 feet; Thence S25°55'15"W, a distance of 8.75 feet to a point hereinafter referred to as Point F; Thence continuing S25°55'15"W, a distance of 23.30 feet; Thence S70°55'15"W, a distance of 26.99 feet; Thence along a non-tangent curve to the left having a radius of 450.00 feet which bears S22°55'04"E, through a central angle of 1°17'20" and an arc distance of 10.12 feet to a point hereinafter referred to as Point G; Thence continuing along said curve, through a central angle of 14°15'21" and an arc distance of 111.97 feet to a point hereinafter referred to as Point H; Thence continuing along said curve, through a central angle of 5°16'S3" and an arc distance of 41.48 feet to the point of tangency where the radius bears S43°44'38"E; Thence S35°06'32"W, a distance of 5.03 feet to the Terminus of Centerline. The sidelines of said 15.00 wide easement are to be lengthened or shortened as to terminate at the Easterly and Southerly boundaries of said Short Plat. TOGETHER WITH the Centerline of a 19.00 foot wide easement, having 9.50 feet on each side, described as follows: BEGINNING at said Point B; Thence N25°12'16"W, a distance of 21.00 feet to the Terminus of Centerline. TOGETHER WITH the Centerline of a 15.00 foot wide easement, having 7.50 feet on each side, described as follows: BEGINNING at said Point C; Thence S24°19'06"E, a distance of 28.50 feet to the Terminus of Centerline. TOGETHER WITH the Centerline of a 15.00 foot wide easement,having 7.50 feet on each side, described as follows: BEGINNING at said Point D; Thence S24°19'06"E, a distance of 25.00 feet to the Terminus of Centerline. TOGETHER WITH the Centerline of a 15.00 foot wide easement, having 7.50 feet on each side, described as follows: BEGINNING at said Point E; Thence N14°29'12"E, a distance of 11.00 feet; Thence N59°29'12"E, a distance of 20,00 feet to the Terminus of Centerline. TOGETHER WITH the Centerline of a 15.00 foot wide easement,having 7.50 feet on each side, described as follows: BEGINNING at said Point F; Thence N19°04'45"W, a distance of 16.53 feet to the Terminus of Centerline. TOGETHER WITH the Centerline of a 15.00 foot wide easement, having 7.50 feet on each side, described as follows: BEGINNING at said Point F; Thence N64°12'12"W, a distance of 12.83 feet; Thence S70°18'11"W, a distance of 27.10 feet to the Terminus of Centerline. TOGETHER WITH the Centerline of a 15.00 foot wide easement, having 7.50 feet on each side, described as follows: BEGINNING at said Point G; Thence S23°38'24"E, a distance of 14.30 feet to the Terminus of Centerline. TOGETHER WITH the Centerline of a 15.00 foot wide easement, having 7.50 feet on each side, described as follows: BEGINNING at said Point H; Tfience N39°00'00"W, a distance of 40.17 feet to a point hereinafter referred to as Point I; Thence continuing N39°'00'00"W, a distance of 0.98 feet to a point hereinafter referred to as Point J; Thence continuing N39°00'00"W, a distance of 22.75 feet to the Terminus of Centerline. TOGETHER WITH the Centerline of a 10.00 foot wide easement, having 5.00 feet on each side, described as follows: BEGINNING at said Point I; Thence N51°00'00"E, a distance of 36.00 feet to the Terminus of Centerline. TOGETHER WITH the Centerline of a 8.00 foot wide easement, having 4.00 feet on each side, described as follows: BEGINNING at said Point J; Thence S51°00'00"W, a distance of 23.00 feet to the Terminus of Centerline. Containing 11,428 square feet,more or less. TOGETHER WITH that portion of Lot 1 of said Short Plat, described as follows: COMMENCING at the Westerly most corner of Lot 1 thereof; Thence S07°53'04"E, along the Westerly boundary thereof, a distance of 47.41 feet; Thence S52°44'18"E, along the Southwesterly boundary thereof, a distance of 17.41 feet to the POINT OF BEGINNTNG; Thence continuing S52°�4'18"E, along the Southwesterly boundary thereof, a distance of 18.65 feet; Thence continuing along the Southwesterly boundary thereof, along a tangent curve to the left having a radius of 262.00 feet,through a central angle of 3°19'16" and an arc distance of 15.19 feet; Thence N51°00'00"E, a distance of 16.67 feet; Thence N39°00'00"W, a distance of 8,70 feet; Thence N51°00'00"E, a distance of 32.19 feet; Thence S39°00'00"E, a distance of 1.31 feet; Thence N51°00'00"E, a distance of 29.29 feet; Thence N41°43'35"W, a distance of 12.22 feet; Thence S51°00'00"W, a distance of 33.92 feet; Thence N39°00'00"W, a distance of 6.67 feet; Thence S51°00'00"W, a distance of 35.67 feet; Thence N39°00'00"W, a distance of 6.49 feet; Thence S51°00'00"W, a distance of 16.44 feet to the POINT OF BEGINNING. Containing 1,518 square feet, more or less. ��� , l p ._tit�� � , � o�� °1� "`asff��� Q . li �1 ���1� S �dl f! y � ? f 1 Y �+� 21 99 �� o �, r�+!STES?��4`' , ,�U�ti�AI. LAI3D MAP EXHIBIT - EXHIBIT"B" �- � � / , � SCALE 1"=100' // /'� � ' � ` � // �� . � � � N /- � v ��.� , ,�/ i � . -� , � \ � �� � � L � � 1 c" / �' L3 �� ��4 r CITYL��066�089���� \ Z `` /�./Q� �r� ��P,O���gp$66�,0� �` . $ I ./ .' �N �6 ��� ` REpc,RC o No 0 �9 0 �� i I � \ P � o � � /,/ ` � . , ,, \ � Q� / �� `' � 11�� 1 �, �\ / 1 `, G� ��?� /�'%' '—� . P�1 G,��� L�T Z �oN `'� � �� ^'3� IN /�P� � C�'(Y �F 066�Sg9o�01 �^J� ��25 �13 � 0 � �� �/ � ��( �UP,O���gp$66p�0 � ��'� � N i �/ � C�� �'.��' EC• N� N�" �$ , N �� ,'i5' ; / / jy , / / Q�`�G�G RQ PRcEL � <2�� �5� ��� N ��G ( ' i i E c,� , � i 0�� ' �2$ �6�� PL' S� G �< <� �,"�� G ��9 �'F N ��� / �� � SEE DETAlL A � `�� ' � �6/ � J i � `� " \ ` �� �` POINT OF `l I� G,Z� � �� �� j�/ �N'�N� �� COMMENCEMENT �i � �.� O / � �cP_ , i �I �G�/ � \�; , i r ' , � � � i � o ` �' �' P.O B. \ , �� � � � ' �/�1 � `'� ?'�� 1.._!'���� -- �—J -- �� \�_ `� / `Lk �\�`��% ' \ . �ry \� �'� " ���. -�- � �.�^i�'� ` �_�{ N IOTH ST. \��_�_ _ — -- -- -- . � , —_.� _�� _\ SHEET 1 OF 3 MAP EXHIBlT � EXH181T"B" � \�\ �'` \ . � N �� PO/NT OF LOT 2 COMMENCEMENT \ � LUA-07-066-SHPL � i � � \ ��� _ `�� �\\ _ ' � � r� \a�i 1 \ ��h I \�. � \ � \ SCALE 1"=20' � i� ��' �'� , \ �k'I \ ``� ,�� �' i ���. ., �Q �k1 � � " \�`���. �,kg LOT 1 � L UA-07-066-SHPL \ � �3� Qo � POINT OF BEGINNING �9 �,�° \ \\ ��// ``� \\ �� / ` . \\ ��y�� �� . � `. \ ,� �. DETAIL A SHEET 2 OF 3 MAP EXHIBlT EXHIBIT"B" L1NE TABLE CURVE TABLE LINE LENGTH BEARING CURVE LENGTH RADIUS DELTA L1 5.25 N37'13'42"E C1 365.96 933.50 2227'43" �2 9•22 S2657'27"E C2 126.76 547.50 13'15'S6" L3 42.22 N63'02'33"E C3 65.64 400.00 9 24'08" L4 26.17 S71 57'27"E C4 6.19 400.00 0 53'i 0" L5 17.67 S26 57'27"E C5 45.72 500.00 5'14'21" L6 35.85 S63'02'33"W C6 1D.J2 450.00 1'17'20" L7 32.73 N63'02'33"E C7 111.97 450.00 14'15'21" L8 141.03 NDO56'42"E C8 41,48 450.00 5'16'S3" L9 1.00 S79'44'25"W C9 15.19' 262.00' 3'19'16" L10 29.86 S34'44'25"W L11 27.87 S5523'36"W L?2 4.96 S65'40'S4"W L13 33.86 S65'40'S4"W L14 31.14 S65'40'S4"W L15 66.98 S65'40'S4"W L16 22.95 S70 55']5"W L17 8.75 S25 55'15"W L?8 23.30 S25 55'15"W L19 26.99 S70'S5'15"W LZO 5.03 S35'06'32"W L21 21.00 N25'12'16"W L22 28.50 S24'19'06"E L23 25.00 S24'19'06"E L24 11.00 N14 29'12"E L25 20.00 N59 29'12"E L26 16.53 N19'04'45"W L27 12.83 N64'12'12"W L28 27,10 S70'18'11"W L29 14.30 S2338'24"E L30 40.17 N39'00'00"W L3? 0.98 N39'00'00'�W L32 22.75 N39'00'DO"W L33 36.00 N51'00'00"E L34 23.00 S51'00'00"W L35 43.18' S26 57'27"E L36 47.41' S0753'04"E L37 17,41' S52'44"?8"E L38 18.65' S52'44'18"E L39 16.67' N51'00'00"E � L40 8.70' N39'00'DO"W i L41 32.19' N51'00'00"E � L 42 1.31' S39'00'00"E I L43 2g,29' N51'00'00"E ; L44 �2,22' N41'43'35"W � L45 33.92' S51'00'00"W ; L46 6.67' N39'00'00"W , L47 35.67' S51'00'00"W L48 6.49' N39'00'00"W �, L49 16.44' S51'00'00"W I SHEET 3 OF 3 ; i � � �