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HomeMy WebLinkAboutE 20130409001224 � . , , � . . After recording return document to: 20130409001224 Cit Clerk CITY OF RENTON EAS �6.e0 y PAGE-001 OF 005 Clt of Renton 04/09/2013 12:46 Y KING COUNTY, WA 1055 S. Grady Way Renton, WA 98057 EXCISE�'�X �(��� �.�„{�� Refer to previous A,ff.# iv�,r�M gy- C��c��..._.._ �Puh' DOCUMENT TITLE: TEMPORARY CONSTRUCTION EASEMENT RECORDING NUMBER OF DOCUMENT(S)ASSIGNED OR RELEASED: N/A GRANTOR�S): PROVIDENCE HEALTH &SERVICES—WASHINGTON, a Washington nonprofit corporation GRANTEE(S): CITY OF RENTON, a Washington municipal corporation ABBREVIATED LEGAL DESCRIPTION: Ptn. of Lot 4, City of Renton Short Plat No. 431-79, Rec. No. 8002269013, King County, WA ADDITIONAL LEGAL DESCRIPTION ON PAGE(S): 1-2 and Exhibit "A" ASSESSOR'S TAX PARCEL NO(S): 3340404000 TEMPORARY CONSTRUCTION EASEMENT Grantor, Providence Health & Services — Washington, a Washington nonprofit corporation, who acquired title as Providence Health Systems — Washington ("Grantor"), for and in consideration of mutual benefits, does by these presents, grant, unto the City of Renton, a Municipal Corporation, ("Grantee"), its successors and assigns, permission to use for public purposes with necessary appurtenances over, under, through, across and upon the following described real estate, as depicted on Exhibit "A", for Right-of-Way purposes, situated in the County of King, State of Washington: A temporary construction easement over and across the following described area: That portion of Lot 4 of City of Renton Short Subdivision No. 431-79, recorded under Auditor's file No. 8002269013, records of King County, Washington, described as follows: Beginning at the intersection of the south line of the northwest quarter of the southwest quarter of Section 19, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington; with the centerline of Lind Avenue S.W.; Page 1 of 5 � �P'�? ��;��� Thence along the centerline of said Lind Avenue S.W., N 1�20'16" E a distance of 30.01 feet to a point on the easterly prolongation of the north right-of-way line of S.W. 19th Street; Thence along said prolongation and along the north right-of-way line of S.W. 19th Street, N 89�49'01" W a distance of 93.91 feet to the True Point of Beginning; Thence northeasterly along a tangent curve concave to the northwest having a radius of 55.00 feet through a central angle of 88'50'43" an arc length of 85.28 feet to a point of tangency with the west right-of-way line of said Lind Avenue S.W.; Thence N 01'20'16" E along the west right-of-way of Lind Ave SW a distance of 15.00 feet; Thence perpendicular to said west right-of-way line �! 88'39'44" V1! a distance of 180.00 feet; Thence perpendicular to the north right-of-way line of S.W. 19th Street S 0`10'S9" W a distance of 70.00 feet to a point on the north right-of-way line of SW 19th Street; Thence S 89°49'01" E along the north right-of-way line of SW 19th Street a distance of 125.00 feet to the True Point of Beginning. All situate in the Southwest Quarter of Section 19, Township 23 North, Range 5 East, W.M., in King County, Washington. Grantee shall hold harmless, indemnify and defend Grantor, its officers, employees and agents, from and against any and all claims, actions, suits, liability, loss, expenses, damages and judgments of any nature whatsoever, including costs and attorney's fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of Grantee's negligent or intentional acts, errors or omissions in Grantee's use of this easement and placement of Grantee's facilities thereon and arising during Grantee's construction of its facilities; PROVIDED, HOWEVER, that Grantee's obligation hereunder shall not extend to injury, sickness, death or damage caused by or arising out of the sole negligence of Grantor, its officers, employees or agents; PROVIDED FURTHER, that in the event of the concurrent negligence of Grantor and Grantee, Grantee's obligations hereunder shall apply only to the percentage of fault attributable to Grantee, its officers, officials, employees or agents; Grantee expressly and specifically agrees that its obligations under this paragraph extend to any claim, action, suit, liability, loss, expense, damage and/or judgment brought by or on behalf of any of its appointed or elected officials, employees or agents. For this purpose, Grantee, hereby expressly and specifically waives, with respect to Grantor only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. Grantee shall require its contractors, subcontractors and suppliers of any tier to defend, indemnify and hold harmless Grantor, its officers, employees and agents from any and all Page 2 of 5 claims, injuries, damages, losses or suits, including attorney's fees and costs, arising out of or in connection with the design, development and construction of the Grantee's publicly owned sanitary sewer lift station to be placed within said easement, except for injuries and damages caused by the sole negligence of Grantor. This permit shall become effective upon execution by the Grantor from date hereof, and shall terminate on June 1, 2014. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this ��- 's�day of /yl��2c'.�j , 20 /3 GRANTOR: PROVIDENCE HEALTH &SERVICES-WASHINGTON '�(,{,(,(� v�?/" By: � N a m e: �.�i:�ttit �t,r, ,.�v v�,� j Its: � 1f Y� , �,,�'IJ Notary Seal must be within box STATE OF l�/9`�.�<�?GjfT-+�''I )SS COUNTY OF �/��f ) On this �'i� _day of /�JJ,�-2.�i , 20� before me \```\��������������„��� personally appeared �.+� -✓c��'s to `; P�`g���� ��'4,,���, me known to be the �52, lJ.,� +� �fl-'(� of ' Q ,�.� "�a�►�,,� �,, the nonprofit corporation that executed the within instrument, and _ �:�s�?�,'�: �� acknowledged the said instrument to be the free and voluntary act s ;,°� , , . "'';; � and deed of said nonprofit corporation,for the uses and purposes � therein mentioned and each on oath stated that he/she was ' ' ''t�s�'" s���w , ; N�''�,,�Os�.OZ�� _ horized to execute said instrument. i� �.���►�u��aa� �,� .: •+ � i���r I'''1`,0 F 1 w A g w``````� otary Public in and forthe State of ���.rr�fa�7 Notary(Print)<..Je�.�-n �%�'� My appointment expires: d�'3 - C�� —/ Dated: p ._ r,y`-/� Page 3 of 5 :;�, APPROVED as to form only: Accepted by the City of Renton: , By: !1 P /' � Mark Barber Gregg Zim r Senior Assistant City Attorney Public Works Administrator Date: �� Page 4 of 5 � . . � I I I I I I I � I � w I a °I I Z_ �W.� J I Q � o �j`p�yE� �,SS� �,�G ��� � SW t9� ST I � TEMPORARY CONSTRUCTION EASEMENT EXHIBIT "A" Page 5 of 5