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Home My WebLink AboutE 20100727000580 , � . , . Return Address: City Clerk's Office City of Renton � I I I 1055 South Grady Way I I I Renton,WA 98057 20100727000580 CITY OF RENTON EAS 66.00 PAGE-001 OF 005 07/27/2010 10:49 KING COUNTY, WA Title: EASEMENT AMENDMENT Property Tax Parcel Number: 312305-9115 Project File#: Upper Springbrook Creek Street Intersection or Project Name: S.55 Street&Talbot Ecosystem Restoration Project Road 5. Reference Number(s)of D�cuments assigned or released: Additional reference numbers are on page N A . Grantor(s): Grantee(s): 1. Springbrook Conservation Holdings LLC 1. City of Renton,a Municipal Corporation 2. Springbrook Apartments Investors LLC LEGAL DESCRIPTION: That easement granted to the City of Renton under King County Recording No.9806091265(the"Original EasemenY'). The Original Easement is amended and restated in its entirety to read as follows: LEGAL DESCRIPTION:The south 100 feet of the below described Parcel A,and the south 100 feet of the west 550 feet of the below described Parcel e: Parcel A: That portion of the Southeast Quarter of the Southwest Quarter of Section 31,Township 23 North,Range 5 East, W.M.in King Counry,Washington lying easterly of Primary State Highway#5(SR 167); Parcel B: The Southwest Quarter of the Southeast Quarter of Section 31,Township 23 North,Range 5 West,W.M.in King County,Washington; LESS County Road. AIt as shown on Exhibit A attached hereto and incorporeted herein by this reference. That said Grantar,far and in consideration of mutual benefits,does by these presents,grant,bargain,sell, convey,and warrant unto the said Grantee,its successors and assigns,an easement for ecosystem restoration and drainage with necessary appurtenances over,under,through,across and upon the following described property(the right-of-way)in King County,Washington,more particularly described above. For the purpose of constructing,reconstructing,installing,repairing,replacing,enlarging,altering, rehabilitating,removing,monitoring,operating and maintaining storm drainage lines and manholes and features for the Upper Springbrook Creek Ecosystem Restoration Project including:vegetative plantings; modifications and improvements within and adjacent to the stream or shore for grade control or bank stabilization purposes;fish and wildlife habitat or other ecosystem restoration improvements;placement of materials or structures in the bed,banks,or shorelines that influence stream velocity or channel form;removal or placement of gravels,cobbles,boulders,and other structures or conveyances to recharge or maintain flow to existing wetlands;t�gether with the right to remove structures or obstructions including levees;together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefor; reserving;however, to the owners,their heirs and assigns,al!other rights and privileges that may be used without interfering with or abridging the enumerated E3�CISE`�°.A�NC��'�QLTIREI� � Co. Record� BY� -,`�'�- �Pu�Y � , . . . . rights and easement hereby conveyed and acquired;all subject to existing easements for public roads and highways,public utilities,railroads and pipelines. Following the initial 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: 1. The Grantee shall,to the extent consistent with the rights gra�ted herein,upon completion of any work within the property 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 drainage facilities 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 right-of-way,or endanger the lateral support facilities. e. Blast within fifteen(15)feet of the right-of-way. f. Erect fences in such a way as to prevent access by the Grantee's vehicles to the Grantee's facilities. Any fence construction must provide for an opening(gated,removeable sections,barriers,etc.)of at least ten(10)feet in width. 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 property described in the Original Easement and that it has a good and lawful right to execute this Amendment. This conveyance shall bind the heirs,executors,administrators and assigns forever. IN WITNESS WHEREOF,I have hereunto set my hand and seal the day and year as written below. GRANTORS: SPRINGBROOK CONSERVATION HOLDINGS LLC, a Delaware limited liability company By: UBS Realty Investors LLC, a Massachusetts limited liability company, its Mana r r �By: l�.` N me: ��t Tit . �„�,�� • $PRINGBROOKAPARTMENTS INVESTORS LLC, a Delaware limited liability company By: UBS Realty Investors LLC, a Massachusetts limited liability company, its Mana r r By: �e �� - � me• � f sf-2811751 v2 z STATE OF CONNECTICUT ) ) ss. Hartford COUNTY OF HARTFORD ) The foregoing instrument was acknowledged before me, Wanda i. Fongemie, this 26th day of May, 2010, by Jeffrey G. Maguire, Managing Director of UBS Realty Investors LLC, a Massachusetts limited liability company, as Manager of Springbrook Conservation Holdings LLC, a Delaware limited liability company, on behalf of the limited liability company and acknowledged the same as its free act and deed for the uses and purposes therein contained. WITNESS my hand and official seal this 26th day of May 2010. .� V� i - Wanda I. Fongemie Notary Public My Commission Expires: January 31, 2013 "��.��,+� ,;. �'rti rrt G E M 1 E �elota�ry Pubiic ;hY C:orrrmis�kan Expires Jan.81,2013 sf-2811751 v2 3 ' . , . - . STATE OF CONNECTICUT ) ) ss. Hartford COUNTY OF HARTFORD ) The foregoing instrument was acknowiedged before me, Wanda I. Fongemie, this 26th day of May, 2010, by Jeffrey G. Maguire, Managing Director of UBS Realty Investors LLC, a Massachusetts limited liability company, as Manager of Springbrook Apartments Investors LLC, a Delaware limited liability company, on behalf of the limited liability company and acknowledged the same as its free act and deed for the uses and purposes therein contained. WITNESS my hand and official seal this 26th day of May 2010. � � .� .��:,� Lao c..�.s�,�. Wanda I. Fongemie Notary Public My Commission Expires: January 31, 2013 a;nla►,1�IDa i. �'ONGEMIE Notary Publia M�r Corr�missfon Expires Jar�,3i,2013 sf-2811751 v2 4 � [ N "` � ��°r C�'�y � xa� r� T � '�k��l�'k��y��\�'�t - � � � �.1 r�� ` ! � j � � ��, ��`� � . N �' � � � � � � � ��.�,� 1 �� \ � � 1 t � �) ! � � -�1�� f� � �'�►fc�c/%3t�3aS9�1�" �, .r ��cet �'3�x.3a��oz3 � �' �' ! 1l��lJf/�� ' �. ,, ,�,�r� ,�� p,, •- �,'�P•�'rc�� ,�, � {��j��f1�4 � � � � � ,� r t� �� J 1 � � , � � ` ' � �'"" ""'� '' "`' '� j �at� �, � r' �! ,� � � ..,,, �" ., br�. 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