HomeMy WebLinkAboutE 20120925000175 20120925000175
RENTON CITY CL EAS 83.00
After Recording Return Document to: PAGE-001 OF 012
09/25/2012 08:17
KING COUNTY, WA
City Clerk
City of Renton
1055 S. Grady Way
Renton, wA 9sos� ������ Tq)( ��T REQUf RED
�ng Co. rds Otvfsiun
Y i3�t�y
A
Title: PERMANENT EASEMENT Property Tax Parcel No(s):
1823059123
Project File#: TED 403430 Project Name: Rainier Ave Sotl th (SR167)-
South Grady Way to South 2 Street
Abbreviated Lega) Description: Ptn Lot 2, BLA No. LUA-02-098-LLA, Rec. 20021126900015
Additional Legal Description on page(s): Exhibit A
Grantor(s): Grantee(s):
1. Curran Properties, L.P., a 1. City of Renton, a Washington
Washington limited partnership municipal corporation
2. Puget Sound Energy, Inc., a
Washington corporation
3. Qwest Corporation, a Colorado
corporation d/b/a CenturyLink QC
("CenturyLink")
4. Comcast of Washington, Inc., a
Delaware corporation
PERMANENT EASEMENT
Curran Properties, L.P., a Washington limited partnership, ("Grantor"), under the imminent
threat of the City of Renton's exercise of its rights of eminent domain, for and in
consideration of TEN DOLLARS AND NO CENTS ($10.00) and other valuable consideration,
does by these presents, grants, unto the CITY OF RENTON, a Washington municipal
corporation, ("Grantee"), and its successors and assigns, a nonexclusive, perpetual easement
for slopes and utilities, together with a nonexclusive, perpetual easement for utilities to
PUGET SOUND ENERGY, INC., a Washington corporation, QWEST CORPORATION, a Colorado
corporation d/b/a CenturyLink QC ("CenturyLink"), and COMCAST OF WASHINGTON, INC., a
Washington corporation, (these three entities hereinafter referred to as "Additional
Page 1 of 12
Grantees"), for the purposes set forth herein, over, under, through, across and upon the real
estate, situated in the County of King, State of Washington, which is described in and
depicted on Exhibit A attached hereto (the "Easement Area").
Grantee shall have the right to cut, remove and dispose of any and all brush, trees or other
vegetation in the Easement Area. Grantee shall also have the right to control, on a
continuing basis and by any prudent and reasonable means,the establishment and growth
of brush, trees or other vegetation in the Easement Area. Prior to the exercise of the rights
provided for in this paragraph, party seeking to exercise its rights shall indentify to Grantor
such brush,trees or other vegetation and make a reasonable effort to give Grantor prior
notice that such brush, trees or vegetation will be cut,trimmed, removed or disposed of
(except where such trees must be cut, trimmed, removed or otherwise disposed of in
response to emergency conditions).
Access. Access to the Easement Area by Grantee and/or the Additional Grantees shall be
from the adjacent public right of way and not across the Grantor's Property, which property
is identified as King County Tax Parcel No. 1823059123 and hereinafter referred to as
"Grantor's Property". Grantee and the Additional Grantees shall use diligent efforts to
complete all work within the Easement Area within a reasonable period of time after
commencing such work. Grantee, Additional Grantees and their respective contractors do
not have the right to stage materials or equipment within the Easement Area.
Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for
any purpose not inconsistent with the rights herein granted, provided, however, Grantor
shall not construct or maintain any buildings, structures or other objects within the
Easement Area, and Grantor shall do no blasting within 300 feet of the Easement Area
without Grantee's prior written consent.
Notice. Any notice, request, approval, consent or other communication required or
permitted to be given by any party to any other hereunder shall be in writing and shall be
deemed to have been duly given: (1) on the same day when delivered personally; or (2)
when addressed to the appropriate party at its address set forth below or at such other
address as such party shall have last designated by notice to the other (a) on the following
day when delivered by overnight courier, and(b) on the third day following deposit as
prepaid certified mail (return receipt requested) with the United States Postal Service,
Grantor: David R. Woertendyke, CPA
Chief Operating Officer
CCD Enterprises, Inc.
11630 Slater Avenue NE, Suite 5
Kirkland, WA 98034
Page 2 of 12
Grantee: City of Renton
Public Works Department
Renton City Hall
1055 S Grady Way
Renton, WA 98057
Attn: Derek Akesson
Indemnification. Grantee and the Additional Grantees, individualy and for their own behalf,
agree to release, defend (with counsel acceptable to Grantor), indemnify and hold Grantor,
Grantor's members, partners, directors, officers, employees, agents, servants and
representatives, and each of their respective successors and assigns, (collectively the
"Grantor Indemnitees") harmless from and against any and all claims, liens, demands,
actions, costs, losses, expenses, harm, damages and liability (including but not limited to
attorney fees) of any kind or character asserted or arising directly or indirectly from, on
account of, or in connection with: (a) Grantee's and/or the Additional Grantee's (and their
respective agents, servants, employees, consultants, contractors, subcontractors (of all
tiers), representatives, licensees, invitees or visitors) exercise of (or failure to exercise) the
rights, benefits and privileges granted to Grantee and the Additional Grantees by this
Easement Agreement, or (b) the acts or omissions of Grantee and/or the Additional
Grantees (and their respective agents, servants, employees, consultants, contractors,
subcontractors (of all tiers), representatives, licensees, invitees or visitors), including,
without limitation, any contribution to or exacerbation of any environmental condition in or
upon Grantor's Property. To the fullest extent permitted by applicable law, Grantee's
oligation and/or the Additional Grantees' obligation to so release, defend, indemnify and
hold the Grantor Indemnitees harmless shall apply regardless of the negligence or strict
liability of the Grantor Indemnitees; provided, however, (a) nothing herein shall require
Grantee or the Additional Grantees to indemnify the Grantor Indemnitees for damages
arising out of bodily injury to persons or damage to property caused by or resulting from the
sole negligence of the Grantor Indemnitees, and (b) in the event such damages for bodily
injury to persons or damage to property is caused by the concurrent negligence of the
Grantee and/or the Additional Grantees and the Grantor Indemnitees, then the Grantee's
and/or the Additonal Grantee's obligation to indemnify is enforceable only to the extent of
Grantee's and/or the Additional Granteee's negligence. Without limiting the generality of
the foregoing, Grantee and the Additional Grantees hereby waive any immunity, defense or
other protection that may be afforded by any worker's compensation, industrial insurance
or similar laws (including but not limited to,the Washington Industrial Insurance Act, Title 51
of the Revised Code of Washington).
Bindin� Effect. 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 current lawful owner of the Easement Area and that it has a good and lawful right to
execute this Easement Agreement.
Page 3 of 12
. �
Counterparts. This Easement Agreement may be executed in two or more counterparts, each
of which shall be deemed to be an original, but all of which shall constitute one and the same
instrument. In making proof of this Easement Agreement, it shall not be necessary to produce
or account for more than one such counterpart.
Governin� Law. This Easement Agreement shall be construed and goverened in accordance
with the laws of the State of Washington.
Limitations. No utilities may be installed above ground.
Costs. Grantee and Additional Grantees shall bear and promptly pay all costs and expenses
of construction, maintenance, repair, inspection, operation and replacement of the utilities
constructed pursuant to this Easement.
Compliance with Laws. Grantee and Additional Grantees shall at all times exercise its and
their rights under this Easement in accordance with the requirements of all applicable
statutes, orders, rules and regulations of all public authorities have jurisdiction over
Grantor's Property.
Restoration. Grantee and Additional Grantees shall, during the conduct of its and their
activities pursuant to this Easement, undertake or cause to be undertaken such safety
measures that are customary in the industry to avoid injury to persons or property,
including, but not limited to,the placement of temporary earth supports,trench covers,
signs and barricades. Promptly following the completion of any such activities undertaken
by Grantee and Additional Grantees, Grantee and Additional Grantees shall restore the
surface of Grantor's Property (including the Easement Area)to substantially the same grade
and condition as it was in prior to the commencement of such activities, all at the sole cost
and expense of Grantee and Additional Grantees. Without limiting the generality of the
foregoing, Grantee and Additional Grantees shall promptly compact any fill and shall restore
any landscaping, vegetation, paving, curbs, sidewalks or other improvements which are
disturbed by Grantee's and Additional Grantees' utilites activities.
Work Standards. All work performed by or for Grantee and Additional Grantees shall be
performed in a careful and workmanlike manner in accordance with industry standards.
Upon commencement of any such work, Grantee and Additional Grantees shall prosecute
the work with diligence, so as to minimize disruptions and inconvenience to Grantor.
Grantee and Additional Grantees will at all times insure that neither or their activities nor
their construction, maintenance or operation of the utilities will deprive any part of
Grantor's Property of adequate lateral support.
Remainder of pa�e intentionallv left blank: si�nature followsl
Page 4 of 12
IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this
�_day of__�,qv�.�__ , 2012.
�—
Grantor:
Curran Properties, L.P.,
a Washington limited partnership
gy; Ce,o En�erQGvl�o.s �tn�v
�
[Print name]: AA✓�t� GvUs'�Z?'�'we�>�Le
�tS �tit�e�: yN+anG J h�eer...�ui GUI�
��'�Gv!
Notary Seal must be STATE OF WASHINGTON ) SS
within box COUNTY OF KING )
On this 2� day of �-�-Sf _, 20 ( Z, before me
``,�`����t��' personally appeared�o+..i�d (,�1oer-�-t,n�tikSL-
��
� anne �� to me known to be the C-D u
i
��.,,........Mo ,
�� O�•���ssro,, +.�'� �� «n ���,�„�, �„�;�v of the limited partnership that
� :�G� ��b'. 0' i � � H-�,e,r•.
� � m;�� executed the within instrument, anc�acknowledged the said
= � Noi�pry `�:'� _ instrument to be the free and voluntary act and deed of said
� � �b//C : � limited partnership, for the uses and purposes therein
� ':...� .:�c �: mentioned, and on oath stated that he/she was authorized to
�� �pf'•�16•••''�'��`��� execute said instrument.
f��,J�p�h 4�",��` • _
�-1 s,------ti
Notary Public in and forthe State of W�51��nA-},E,r,
Notary (Print) Mc�f ;�.,�nc� V�-1 ot�,c�
My appointment expires: �� 2 - 2ul b
Dated: Zo Z
Page 5 of 12
IN WITNESS WHEREOF, said Grantee has caused this instrument to be executed this
tL day of �p,�irr,�„/ , 2012.
GRANTEE
CITY OF RENTON
By:
Printed Name: {��p�y�.�S Ll.�t..)
Its [title]: �yD�
Notary Seal must be STATE OF WASHINGTON ) SS
within box COUNTY OF KING )
On this�day of �C�%'=g , 20 .�, before me
personally appeared
DG,�jS Lt{`J to me
��<.���"��„;y,�, known to be the / of
,�� � `� u�=`'�s. the Washin ton munici al cor oration that executed the
��.k..�,�G�=;.,��°�
�.•���S,�i� �c,.;=v'��`�;� g p
�.�, �'��-�-'�.a�� within instrument, and acknowledged the said instrument to
I�. S��b i:�ti,� '„�„�j'e,.'`� ''°r
� �� � �r'.� �:; ;be the free and voluntary act and deed of said municipal
��R�. �
��; ,.- � �� ;corporation,for the uses and purposes therein mentioned,
��,�`''s�f ,R,�`'��._�' �. "and on oath stated that he/she was authorized to execute
'��+,�`p.:=�;'�.j6����,����:��� said instrument.
�,��; ���..:�-�:� ,��
At,.�:ca.,a,�b� �
Nota y Public in and for the State of ��
Nota y(Print) .,�aS,orl �. .5�1�
My appointment expires: � —Zci�Zv/3
Dated: Q � ?-0ly
Page6of12
IN WITNESS WHERE , said Additional Grantee has caused this instrument to be executed
this�day of� �� 2012.
ADDITIONAL GRANTEE
Puget Sound Energy, Inc.,
a Washington corporation
B •
Printed Name:
Its [title]: S c.�,{aP,CV1Sb(�PGLI „ iG2�'e.
Notary Seal must be STATE OF WASHINGTON ) SS
vvithin box COUNTY OF KING )
On this 'q��day of 20 %�� , before me
personally appeared
�a���������� c°�(.lLr�a' �� �`�''-�'" to me
���.�`'t` �. ���q��� known to be the - c ; � � of
,�� �� the corporation that executed the within instrument, and
. +pt,y♦ cknowledged the said instrument to be the free and
s - . � oluntary act and deed of said corporation, for the uses and
; ��� '�v���� ��iurposes therein mentioned, and on oath stated that he/she
��i � 1 As' 4 -
�i�'��,��a�,����5����.•� a ,�=was authorized to execute said instrument.
7
/`'I�q�����WAgN��•�``` i`, � -
� �
Notary Public in d for e State of i/'� i✓'
Notary (Print) ��.�''� ,�%�115
My appointment expires: J `//5��
Dated: � �� /�
7
Page�8'of�+L
IN WITNESS WHERE F, said Additional Grantee has caused this instrument to be executed
this�day of �ctS , 2012.
ADDITIONAL GRANTEE
Qwest Corporation,
a Colorado corporation d/b/a CenturyLink QC
("CenturyLink"), whose address is
100 CenturyLink Drive, Monroe, LA 71203
Attention: Construction Services
By:
Printed Name: ��
Its [title]: i��J h� �4� b�o��► dU�.�����
Notary Seal must be STATE OF WASHINGTOR! ) SS
within box COUNTY OF KING
On this��day of��, 20�, before me
personally appeared
� vT�� / /�� to me
known to be the /P/ts � " of
,�h,�r,,r at executed the within instrument, and
BRADLEYaL�k�9Abt,6�dged th said instrument to be the free and
Notar 8����rv act and deed of said corporation, for the uses and
State of �ash7ngtb
My Commisf��R����rein entioned, and on oath stated that he/she
FebruarNnQag ag� c�g-ized t execute said instrument.
Notary Public in d for the S ate of
Notary (Print) (�
My appointment expires: 2 ��j�'
Dated: ���
Page�of��'1�
IN WITNESS WHEREOF, said Additional Grantee has caused this instrument to be executed
this �J� day of �1�G5� , 2012.
ADDITIONAL GRANTEE
Comcast of Washington, Inc., a Delaware corporation
��r �
By: l �
Printed Name: 5'�' v� �q-��1�
Its [title]: � � L e�c����alo
Notary Seal must be STATE OF WASHINGTON ) SS
within box COUNTY OF KING )
``````������������, On this�day of_ U, , 201�, before me
��.��RING �h��y personally appeared
��. �,a��«uuq
= ''�_-'�E+�'''�n���i �'�U� ��✓� to me
��s ���, ���� known to be the �1/� �1�1/l�-P.�Y/l�(q of
� +� •� � :` _ % the corporation that execu ed he wi�strument, and
�,� �r� acknowledged the said instrument to be the free and
—
i��,!' �Of�`���—� voluntary act and deed of said corporation, for the uses and
����„„„"`���� purposes therein mentioned, and on oath stated that he/she
was authorized to execute said instrument. �
�',��d,�,v� �
Notary Public in and for the ate of �Sj�//hC�'�
Notary (Print) ��� ��'L✓111�10j
My appointment expires: �'�''`f� �S
Dated: �-3D-�2.
Page � of�r3'o'�
EXHlBIT A
PARCEL NQ. f82305-9723
PERMANENT EASEMFJVT
THAT PORTION OF THE NEREiNAFTER DE'SCHlBE�PAACEL A;DESCR/BED AS FOLLOWS:
BEG/NNING AT TNE SOUTNEAS7 COANER OF SAlD PARCEL A;SAlD CORNER ALSO BElNG THE
1NTERSECTION OF THE NORTHWFST MARGIN OF RAfNJER AVENCIE SOUTH AND Ti-IE fVpRTN MARGIIJ OF
SOl1TH 7TH STREE7;
T'!-IEIVCE NORTH B9°42'26"WEST AL DIVG SAlD NORTH MARGIIJ OF SOUTH 7TH STREEf,52.00 FEE7;
TNENCF NOHTH 00°17'0 i"EAST,8.46 FEET TO TNF TRUE POlNT OF BEGINNING;
THEIVCE NORTH S5°29'29"EAST,53.91 FFET,•
TNENCE NORTH 47"29'15"EAS7 58.86 FEET TO A POlNT NERElNAFTER BEfNG DESCRlBED AS PO1NT A;�
THENCE IVORTH 89°47'34"WEST,5.32 FEET;
THENCE St]tITH 41°29'i5"WEST,64.50 FEET,•
TNENCE SOUTH 65°29'29"4YEST,5i.21 FEET,�
THENCE SDUTH 00°i7'07`WEST,4.47 FEET TO Th1E TRUE POINT OF BEGlNN1N�.
CONTA►NlNG 437 SQUARE FEFT,MORE OR LESS.
TOGETIIEA WJTN,•
BEGINNING AT THE ABOVE DESCRlBED POlN7 i4;
THENCE NORTH 4 f°29'15"EAST,9.15 FEET TO TNE TRUE POlNT OF BEGlNNlNG;
THFNCE CONTlNU1NG NORTH 41°29'i5"EAST,�15.BB FEET;
THFNCE NOATNEASTERL Y ON A CURVE TQ THE LEFT WNOSF CENTE'R BEARS NORTH 48°42'31"WEST,
461.51 FEET,AN ARC DISTANCE OF 52.10 FEET TO Ti-IE 1VpRTH tIN�OF SAlD PARCEL"A",•
THENC�JVORTH 89°42'2S"WEST ALONG SAID NORTH LlNE,8.53 FEET,•
TH�NCE SDU'fNWESTEALY ON A Ct11�VE TO TNE RIGHT WHOSE CENTER BEARS NOf?TN 54°34'05"WEST,
454.51 FEET,AN ARC DlSTANCE OF 8.97 FEE'T,•
THEIVCE S4llTH 53°28'i4"EAST,3.Q0 FEET,•
TNENCE S(�UTNWESTERLY ON A CURVE TO TNE R1GHT WHOSE CENTER BEARS NORTH 53°26'14"WEST,
457.51 FEFT,AN ARC DISTANCE OF 37.75 FEET,•
THENCE'SOUTN 41°29'15"WEST,56.86 FEET,�
THENCE NORTN 48°3D'45"WEST,6.00 F�FT,•
TMENCE S�UTN 41°29'15"WEST,41J.00 FEE'T,•
371823059t23 ESMT.DOC Page 10l2
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Page 10 of 12
THENCE S�OUTH 48°30'45"EAST,fi.00 FEET;
THENCE SOiJThI d 1°29'15"WEST, 1 i4.23 FEET;
THENCE SOUTH 00°f 6'52"WEST,6.07 FEET TO THE TRUE P�INT OF 8EGlNNING.
CONTA►N1NG 1,326 SQUARE FEET,MORE OR LESS.
T07AL PERMANENT EASE'ME'NT AREA CONTAINING 1,763 SC3UARE FEET,MDA'E OR LESS.
PARCEL°A".�
(PER F1RST AMERICAN TlTLE COMPANY ORDER ND.NCS-246T.43,DATED APRIL iT,2008f
LOT P OF K/NG CDUN7Y BOUNOARY L1NE ADJUSTMENT NO.LUA-02-098-LLA.RECORDED NOVEMBER 26,
2002 UN�FR RE"CORDING NO.20a2'f 126900a15, IN KING COUNTY, WASNlNGTON.
AS SHOWN ON RlGHT OF WAY PLANS FOR R,4lN/ER AVE S(SR 167)-S GRADY WAY TO S 2ND ST,
PRU.IECT NtJMBER TED403430,DAf FlLE AT THE CJTY OF RENTON, WASHINGTON.
DATEOFPLANS 12-14-2oio
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37 1823059i23 ESMT.DOC Page 2 of 2
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Page 11 of 12
SE 1/4 SEC. 18, T. 23 IV., R. 5 E., W.M.
. TAX LQT NUMBER
182305-9212 R=454.51' /
L=8.97'
_ �8.53'
- - - - - -PROPER7Y LINE - - ' 27.77'
3.00' /
R=457.5y' y �
; � L=37.75���
TAX L07 NUMBER E���T AREA r'D ��
182305-9�23 $ R=467.5t'
=1,328 S.F.f �
TOTAL EASFMENT AREA �� Z=52.10
=�.�83 S.F.t 8,00� '�
N.T.S� �,_,,----,�` ,
� 3
� �'��`ry ��� k�� � 'f'p s�.
� �6 \ �� �/ ty �
� / i.� �
�� � �°�. ti , 6.00' ,,y1.
,� / �
TPOB , + � 4
� � �
m� � � . ,,� 1 �,�/l , �ta
�� � � , �.3��. � ,�.,°"fy,�$ /��� `'� �
z�,,4 1 h° � Poin►r A � tiA`� / �,• � ,�
~4 1 �i�`� � .
o"'' �►0° � /h;hh Q-a ,q.�� �
�� `�� ��� �f s �"�° ,�,�- �� �.;�
� �� r�,,- � � ,� �,�' �,�
—_ __--' r y c�.4� � ���/
; � f
�_� Row � '�
EASFA�fENT AREA h�� � Ti4lCE �
=43� S.F.t h���� / �� /
�
�
+ 4.41' �•�g'S! ,r/ �,;��� , /
53 J
7Pd9 52.00� ►�� � — — —
� o $.�, POB �� EXISTIMG�Z.O.W.
� N es• a2' 2s" w �xrsr �.o.w. � S. 7th ST.
SEC710N i.lNE � � �
S. �th ST.
� EXI�G R.�,W.
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� � /� 182305-9123 FSMT.dwg
DECEMBER 2, 20 f� / ND, 37
�[�� EXHI BI T A
�,,, PARCEL �823�5-9723
�'"'` PERMANEN T EASEMEN T
Page 12 of 12