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HomeMy WebLinkAboutE 20100615000646 Return Address: City Clerk's Office City of Renton 20100fi 15000646 1055 South Grady Way Renton, WA 98055 CiTY OF RENTON PREL 67.00 PAGE-001 OF 006 06/15/2010 13:45 KING COUNTY, WA Title: PARTIAL RELEASE OF Property Tax Parcel Number: 722140-0270 EASEMENT Reference Number(s)of Document Amended: 9203030201 Grantor(s): Grantee(s): 1. Ci of Renton, a Munici al Co oration 1. State of Washin on, De artment of Trans ortation Full legal descriptions are in page�of this document. ABBREVIATED LEGAL DESCRIPTION: Ptn. Ti•acts 16, 17 and 18, of Plat Nun�ber 1 of Rentort Co-Operative Coal Company's Acre Tracts. Vol. 9 of Plats. Pg. 29 Page 1 of 6 FORM 03 0013/bh/CA?-21-97 That said Grantor, for and in consideration of valuable consideration, releases in part unto the State of Washington,Department of Transportation and its assigns,under the imminent threat of the Grantee's exercise of its right of Eminent Domain, that certain portion of the Utilities Easement recorded under King County Recorder's Number 9203030201 over, under, upon and across the hereinafter described lands. Said lands being situated in King County,Washington,and described as follows: For legal description of Partial Release of Easement Area, see Exhibit A, depicted in the attached Exhibit Map. That said Grantor herein also releases those certain restrictions set forth in Section 2 a,b,c,d and e in said Utilities Easement recorded under Recording Number 9203030201 to the State of Washington, Deparhnent of Transportation over, under, upon and across the hereinafter described lands. Said lands being situated in King County, Washington,and described as follows, subject to the following conditions: For legal description of Partial Release of Eusernent Restrictions, see Exhibit B, depicted in the attached Exhibit Map. 1. PURPOSE: GRANTEE and its assigns shall have the right to construct,reconstruct, install,repair,replace, enlarge, operate and maintain lateral support facilities over, under, and upon the Easement Area together with all necessary or convenient appurtenances thereto, which may include but are not limited to the following: a. Subterranean Micropiles b. Steepened Slope Nails c. Retaining Walls, including tie-backs, soil nails,or other lateral support facilities d. Vegetation 2. ACCESS: GRANTEE shall have right of access over and across the Easement Area to enable to GRANTEE to exercise its rights hereunder without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefore. Following the initial construction of its facilities,Grantee may from time to time construct such additional facilities as it may require. 3. EASEMENT AREA CLEARING AND MAINTENANCE: The GRANTEE shall have the right to cut and/or remove or otherwise dispose of any and all brush, existing drainage structures, and other debris. GRANTEE shall also have the right to control on a continuing basis by any prudent and reasonable means the establishment of trees, brush or other vegetation upon the Easement Area which, in the opinion of the GRANTEE, interfere with the exercise of the GRANTEE's rights herein or create a hazard to the GRANTEE's facilities. The Grantee shall, upon completion of any work within the properiy 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. 4. GRANTOR'S USE OF THE EASEMENT AREA: The 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. The GRANTOR shall not,however,have the right to: Page 2 of 6 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 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, turuiel 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,ar endanger the lateral support facilities. e. Blast within fifteen(15)feet of the right-of-way. 5. SUCCESSORS AND ASSIGNS: The GRANTEE shall have the right to assign, apportion, or otherwise transfer any or all of its rights, benefits,privileges, and interest arising in and under this easement. Without limiting the generality of the foregoing, the rights and obligations of the parties shall inure to the benefit of, and be binding upon,their respective successors and assigns. 6. RELATIONSHIP BETWEEN PARTIES: GRANTOR: GRANTOR shall assume the risk of,be liable for, and pay all damage, loss, cost and expense caused by the GRANTOR and their agents arising out of any duty performed,or not performed,while acting in good faith within the scope of this easement. GRANTEE: GRANTEE shall assume the risk of, be liable for, and pay all damage, loss, cost and expense caused by its officers, officials, employees and agents arising out of any duty performed, or not performed, while acting in good faith within the scope of this easement. GRANTOR covenants that they are the lawful owner of the above property rights and that they have good and lawful right to execute this agreement. By this conveyance, GRANTOR will warrant and defend the sale hereby made unto the Grantee against all and every person or persons, whomsoever, lawfully claiming or to claim the same. This conveyance shall bind the heirs, esecutors, administrators and assigns forever. � IN WITNESS WHEREOF, said Grantor has caused this instrwnent to be executed this �day of �/ 20�. _ - :�T J i�. :'*'.' 'x�'4 rrr ��A� ,+� ��• � - Grantor: ity of Renton =��� k`. ��� ' ��>, ���. t. y �� � �'' .. ;'�: _ ` ``v v �~, ; i L4_.I Denis Law,Mayor ' �/� � , A / , � �� � � ��•,�,�rv�:.,... , ..';.: (iYI.C�L �/• (�( G�.,�:�t-O-r`-' u� ,+ Bonnie L Walton,City Clerk "`"'""'''''"� Page 3 of 6 Notary Seal must be within box STATE OF WASHINGTON )SS ,r/////r��.� COLTNTY Q�KING ) � ��� '` � `� � On this � day of�,,..�_ 20)O , I certi that 1 know or 1�f �.�t�;;...:.:.'�'f�`—=, , fi' ,� �•?;\S��aN F�;A'•9—\ have satisfactory evidence that Denis Law is the person who appeared before � V�•��' TARy!'��? � me, and who signed this instrument, on oath stated that she was authorized to ; ;� a� � N: ; e cute the instrument and acknowledged as the Mayor of the Ciry of Renton � ? �� G �,Z � t e to be the free and voluntary act of such party for the uses and purposes � ' pUB1"� ' � �� m ioned in t e instrum�jnt. i � ;�'�,q�.,e�27;�O,���`���� � `—...FOF WPs�i�i�� ,r-- `Z._. ��''����ii���' Notary P blic in for the State of as ' to a Notary(Print) ' YI-.rL - t � cx. � My appointment expires: 1 � �`�i�- Dated: ��11���(� Page 4 of 6 Exhibit A (E�ibit Map's Parcel A) For Partial Release of Easement Area Beginning at a point on the Southwest corner of Section 17 Township 23 Range SE;thence North 68°32'17.44"East a distance of 1073.03' to the True Point of Beginning of Parcel A; thence North 88°24'1.34"West a distance of 21.47'; thence North 3°58'S9.95"East a distance of 20.53'; thence South 88°24'].34"East a distance of 7.64'; thence South 1°30'46.34" West a distance of 4.80';thence South 51°58'S.59"East a distance of 15.75'; thence South 1°5'22.14" East a distance of 6.36' to the True Point of Beginning of Parcel A. The area for Parcel A is equal to 306.3 square feet. Ex6ibit B (Ezhibit Map's Parcel B) For Partial Release of Easement Restrictions Beginning at a point on the Southwest corner of Section 17 Township 23 Range SE;thence North 68°32'17.44"East a distance of 1073.03' to the True Point of Beginning of Parcel B; thence South 88°24'1.34"East a distance of 45.43'; thence North 2°40'47.29" West a distance of 20.57";thence North 88°24'134"West a distance of 56.87';thence South 1°30'4634" West a distance of 4.80'; thence South 51°58'S.59"East a distance of 15.75'; thence South 1°5'22.14"East a distance of 6.36' to the True Point of Beginning of Parcel B. The area far Parcel B is equal to 1041.4 square feet. Paee 5 of 6 ! EXHIBIT MAP � ; ,,� �,.; , E ; . 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