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HomeMy WebLinkAboutE 20120530001619 , , � � �MiCAQo 1'IT�.� IN�. C� ���� W ,� 3,31 �ll� - (� After recording return document to: 20120530001619 City Clerk cHicaco TITLE Eas 6�.e0 PAGE-001 OF 006 City of Renton KINGOCOUNTY15�A5 1055 S. Grady Way Renton, WA 98057 ��. , ,...��- ..,..,�. .�,. . . . ; .�� . . :;�w.� _ _ �� .,� DOCUMENT TITLE: Temporary Construction Easement REFERENCE NO. OF DOCUMENT(S) ASSIGNED OR RELEASED: N/A GRANTOR(S): SB 16 Ribera Balco, LLC GRANTEE(S): 1. CITY OF RENTON, a Washington municipal corporation ABBREVIATED LEGAL DESCRIPTION: Ptn of Lot 2, City of Renton SP #LUA-02-129-SHPL,#20090409900002 ADDITIONAL LEGAL DESCRIPTION ON PAGE(S): Exhibits A ASSESSOR'S TAX PARCEL NO(S): 518210-0020-03 PROJECT NAME: NE 3rd/4th Corridor Improvements PROJECT NO.: 19C TEMPRORARY CONSTRUCTION EASEMENT The Grantor, SB 16 Ribera Balco, LLC, a Washington limited liability company, for and in consideration of mutual benefits, does by these presents, grants, to the same extent and purposes as if the rights granted had been acquired under the Eminent Domain Statute of the State of Washington, unto the City of Renton, a Municipal Corporation, Grantee herein, its successors and assigns, permission to use for public purposes a temporary construction easement, with necessary appurtenances over, under, through, across and upon the following described real estate, for Right-of-Way purposes, situated in the County of King, State of Washington: SEE EXHIBIT A, AND AS DEPICTED IN EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE Page 1 of 4 AND REFERRED TO HEREIN AS THE "EASEMENT AREA" For the purpose of constructing the planned project improvements associated with the NE 3�d/4tn Corridor Improvements: Phase 1, Project within the Easement Area. The Grantee will provide continuous access to the remaining portion of the site throughout construction. The Grantee shall, upon completion of any work within the Easement Area, restore the surFace of the construction site, and any private improvements thereon 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 except where modified by the project plans and specifications. Grantee shall indemnify, d efend, a nd hold Grantor ha rmless f rom any and all liability, loss, damage, expense, actions and claims asserted or arising out of the acts or omissions of Grantee and its agents, employees, or contractors in t he exercise of the rights granted by this easement. The obligations of Grantee set forth in this paragraph do not extend to any liability, loss, damage, expense, actions or claims caused by or resulting from the negligence of Grantor or Grantor's agents or employees. Grantee shall require the contractor it hires to work on the NE 3rd�4th Corridor Improvements within the Easement A rea to obtain commercial general liability insurance and to name Grantor as an additional insured, as evidenced by a certificate of insurance provided to Grantee prior to commencement of the work. Grantee will promptly pay when due all costs for materials, labor, and professional services performed pursuant to this easement and shall immediately cause any construction lien encumbering Grantor's property to be promptly removed. If Grantee fails to remove any such lien, Grantor may take whatever actions it deems necessary and appropriate to remove any such lien and shall be entitled to recover its costs and attorneys' fees in doing so. If either party brings suit to enforce the terms and conditions of this easement, the substantially-prevailing party will be ent itled to r ecover all costs, expenses and attorneys' fees incurred in connection with that lawsuit. This temporary construction easement shall become effective upon execution by the Grantor and Grantee_and shall continue for two (2) years. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this day of �ril , 20 12 Page 2 of 4 � i , � GRANTOR: SB 16 Ribera Balco, LLC By: Seattle , sole member ' � � By: � ��-- By: � �-�-�� ' Patrick Patrick Rol�er-t Ittes [Print name] [Print name] ItS: president ItS: �ec. Vice President [Title/position] [Title/position] Page 3 of 4 Notary Seal must be within box STATE OF �HINGTON ) ss COUNTY OF KING � On this ,i� '� day of April , 20 12 , before me personally appeared Patrick Patrick and ,�.. Robert Ittes to CARMEN L. t��ALSBURY me known to be �'esident and �ec. Vice �{ N 4 TA R Y N U B L f C President of Seattle Bank, sole m�.mber of STATE Or �tASHINGTON SB 16 Ribera Balco, LLC. that executed the within COMMIS:;�Ur: EXPIRES instrument, and acknowledged the said instrument to be the OCTGi�'r.i�t 3. 2015 free and voluntary act and deed of said limited liabilitv �omnanv, for the uses and purposes therein mentioned, and each on oath stated that he/she was authorized to execute said i�strument. � ���.��--- r� ��- Notary Public in an for t e State of L�SHINGTON Notary (Print) Carmen L. Malsbury My appointment expires: 10/03/15 APPROVED as to form only: Accepted by the City of Renton `''�----" By � �' � t Lawrence J. ren Printed Name: � City Attorney ��a�� Z���MmFRmc��\Y�E. \L�1r�`��c! t�r-�uK� C�c�r,n'i�aiS�c�a� Date: Page 4 of 4 t�ar�metrix EXHIBIT A TAX PARCEL NO. 5182100020 PROJECT PARCEL 19C LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT BEGINNING AT THE MOST NORTHEASTERLY CORNER OF LOT 2, CITY OF RENTON SHORT PLAT NUMBER LUA-02-129-SHPL (RIBERA— BALKO SHORT PLAT)AS RECORDED UNDER RECORDING NUMBER 20090409900002, RECORDS OF KING COUNTY, WASHINGTON, SAID CORNER BEING COMMON TO THE SOU7HEAST CORNER OF WHITMAN CT. NE AS SHOWN ON SAID SHORT PLAT; THENCE ALONG THE NORTH LINE OF SAID LOT 2 AND THE SOUTH LINE OF SAID WHITMAN COURT NE, NORTH 89°12'11" WEST, 42.00 FEET; THENCE CONTINUING ALONG SAID COMMON LINE NORTH 00°47'49" EAST, 9.29 FEET TO THE SOUTHEAST CORNER OF LOT 1 OF SAID SHORT PLAT; THENCE ALONG THE SOUTN LINE OF SAID LOT 1 AND THE NORTH LINE OF SAID LOT 2 NORTH 88°QG'40"WEST, 18.00 FEET; THENCE LEAVING SAID NORTH LINE, SOUTH 00°47'49" WEST, 329.63 FEET; THENCE SOUTH 89°12'11" EAST, 60.00 FEET TO THE INTERSECTION WITH THE SOUTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 2; THENCE ALONG SAID EXTENSION AND SAID EAST LINE, NORTH 00°47'49" EAST, 320.00 FEET TO THE POINT OF BEGINNING. CONTAINING 19,370 SQUARE FEET, MORE OR LESS. .- �'s�:�s,. -��„���w�s%���j, �, r`*6,�� • l��':�� �� �' p: y r` - � ; .� 3 � ! ��. a�� � r ,� CIS�E��;+'.��. `�'A!_LANC,`'�' , 2~Z��!Z- 1 of 1 � i � , „ --NORTHEASTERLI' N 88'06 48��W � � CORNER LOT 2 � �-- � _ �� P.O.B. � _ S N 00'47'49" E � �''� 9.29' ��� �-` �'�Q00�- N 89'12'11" W ��P�,����� �,c��� ��o��� 42.00' ��.����pr�`L� ��� ����� ������'�1� ���� � � o � � � � N N � M � � � � � W � J A � ^ O� � t+ O T Z a cn � �+ � O G � � O O � Z � � , Z � �,,IRON,yl� S 89'12'11" E — — — — -- -- -- � q����oF wAsNi,�,c�(i 60.00� � � �,� LEGEND 33133 9 ,,'� TEMPORARY CONSTRUCTION EASEMENT �ISTER� .�'4' I��'AL LA��� -� — — — — PARCEL LWE a-l Zi — - EXISTING ROW 19,370 S.F. MORE OR LESS AREA Parametrix DATE.February20,2012 FILPSV-VJFiI7MANCLEXHIBIT EXHIBIT B / \ TPN 5182100020 '�V PROJECT PARCEL 19C �■���° TEMPORARY CONSTRUCTION EASEMENT � 1"=60'