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HomeMy WebLinkAboutE 20220531000751Instrument Number: 20220531000751 Document:EAS Rec: 5215.50 Page-1 of 13 Record Date:5/31/2022 2:25 PM Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY YASMIN ANTONIO, DEPUTY After recording return document to: City of Renton City Clerk's Office 4W, i �77 rx n 411 Mg;T t s) r- x r I I I i L Assessor's Tax Parcel Number: 202305-9116 Reference Number of Related Documents: N/A 1111MMU ITY11,41101,11,11 The Grantor(s), NALS Woodcliffe, LLC, a Delaware limited liability company ("Grantor"), the owner of the property legally described on Exhibit "A" (the "Property"), attached hereto and incorporated by this reference, for and in consideration of $10.00 and convey unto the City of Renton, a municipal corporation, and its successors and assigns ("City," "City of Renton," or "Grantee"), a permanent utility easement with necessary appurtenances and access thereto ("Easement"), for the purposes described below, over, under, in, on, along, across, through, below, and upon, the portion of the Property legally described on Exhibit "B" (the "Easement Area") and depicted on Exhibit "C", which Exhibits are attached hereto and incorporated by this reference. The Grantee and its agents, designees and/or assigns shall have the right at such times as deemed necessary by Grantee, to enter upon, over, under in, on, along, across, through, below, and upon, the Easement Area for the purpose of constructing, repairing, replacing, operating and maintaining sanitary sewer facilities ("Facilities") without prior institution of any suit or proceedings and without incurring any legal obligation or liability therefore. Page 1 Parcel No. 202305-91.16 Instrument Number: 20220531000751 Document:EAS Rec: S215.50 Page-2 of 13 Record Date:5/31/2022 2:25 PM Ving County, WA 1. THIS EASEMENT is executed and delivered and said Easement is granted upon the following conditions: a. «© its agents and employees, assigns and successors shall, as soon practicable after construction of the Facilities and all subsequent alteratio and repairs thereto, restore the Easement Area, and the area adjacent :yam t Easement Area to the extent disturbed or affected by such constructio alterations and repairs, to substantially the same condition as it was prior such construction, alterations, or repairs. Further, in exercise of its righ granted under © Easement, Grantee and its agents shall not unreasonab interfere with the Grantor's use, and the use of Grantor's tenants, of t property outside the Easement Area. Grantee shall be responsible for a shall, at its own expense, undertake all construction, maintenance, repa replacement, improvement and upkeep of the Facilities for pubi infrastructure purposes. b. Grantee will comply with all federal, state, and municipal law, orders, rule' permits, permissions and regulations applicable to Grantee's use of t Easement Area. Grantee will keep Grantor's Property free and clear of all lien charges, and other monetary encumbrances arising out of the rights granted Grantee under this Easement. I 2. Grantor shall not interfere in any manner with the easement rights granted to Grantee in this Easement. Without limitation, Grantor shall not: a. Following the effective date of this Easement, erect or construct © new buildings, structures, or improvements within the Easement Area, except to the extent that a structure already existing in the Easement Area as of the effective date is damaged or destroyed, in which case the Grantor shall have the right and authority to rebuild the damaged structure or building in materially the same fashion or location. For purposes of this Easement, paved sidewalks and streets do not constitute buildings or structures provided, however that Grantor may not construct paved sidewalks or streets that unreasonably restrict Grantee's access to the Facilities or use of the Easement Area. b. Disturb or Endanger the lateral or subjacent support of the Faties or unreasonably restrict Grantee's use of the Easement Area, consistent with the terms of this easement , dig, tunnel, or undertake any form of construction or other activity that may unreasonably disturb or damage the compaction of the Easement Area permitted under this easement, or intentionally or negligently Page 2 Parcel No. 202305-9116 Instrument Number: 20220531000751 Document:EAS Rec: S215.50 Page-3 of 13 Record Date:5/31/2022 2:25 PM King County, WA unearth the Facilities on the Property or in the Easement Area, or damage the Facilities. C. Plant trees, shrubs, or other vegetation having deep root patterns in adjacent to the Easement Area that may cause damage to or interfere with t use of the Facilities. I clDevelop, landscape, or beautify the Easement Area in any way that would," unreasonably increase the costs to Grantee of restoring the Easement Area and any private improvements therein. 11 lill 11,111 i 1!l1!!1r;ii11;11'1 ii ill!!Illl � q!l1l;VIF11 111MMATMIMIM f. Erect fences in such a way as to prevent access by Grantee's vehicles across the Property to the Facilities; provided that Grantor may define a reasonable access area for Grantee's use for the purpose of accessing the Facilities and Easement Area. Any fence in the Grantee's access area must provide for a minimum of one opening (gated, removable sections, barriers, etc.) of at least ten (10) feet in width, and shall comply with the applicable codes and laws of the City of Renton and State of Washington. 9. Erect any objects within fifteen (15) feet above the ground surface within tM Easement Areas provided, however that to the extent an object, as of t effective date, already exists within fifteen (15) feet above the ground surfa within the EasementArea, Grantor shall not be obligated to remove such obje and, if such object is damaged or destroyed, the Grantor shall have the ri and authority to rebuild or replace the damaged object in materially the sa fashion or location. I 3. Grantor and Grantee acknowledge and agree that Grantee is the beneficiary of certain other Public Utility Easements which were recorded in the King County Recorder's Office under Recording Nos. 8505290678, 8505290679, and 8505290680 and that certain Sanitary Sewer Easement which was recorded in the King County Recorder's Officer under Recording No. 5937434 and that- to the extent anL,)Fof the fore-" easements conflict or contradict th ,e terms of this Easement, this Easement shall control. 4. The rights granted herein shall not be construed to interfere with or restrict the rights - ir. Grantor's tenants. and Grantor's heirs executors administrators. Page 3 Parcel No. 202305-9116 Instrument Number: 20220531000751 Document:EAS Rec: S215.50 Page-4 of 13 Record Date:5/31/2022 2:25 PM King County, WA 5. This Easement and the rights, obligations and covenants stated in this Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Easement shall be recorded with the King County Recorder's Office. VIM= 7. Any lawsuit or legal action brought by any party to enforce or interpret this Easement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, in a court of law or arbitration to enforce the terms of this Easement, the prevailing party in such action or proceeding will be entitled to recover its reasonable attorney's fees and other litigation or arbitration expenses, including fees and costs on appeal. 9. The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability (including attorneys' fees incurred), for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of any activity undertaken by or for the benefit of Grantee on or around the Easement Area or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee's activities authorized by this Construction Easement, provided, however, that: a. The Grantee's obligations to indemnify, defend and hold harmless shall n] extend to injuries, sickness, death or damage caused by or resulting from t sole willful misconduct or sole negligence of the Grantor; and b. The Grantee's obligations to indemnify, defend and hold harmless for injurie sickness, death or damage caused by or resulting from the concurre negligence or willful misconduct of the Grantee and the Grantor, or of t Grantee and a third party other than an officer, agent, contractor or employ of the Grantee, Grantee shall be responsible only to the extent of the da m a ' g caused by the negligence or willful misconduct of the Grantee (in cludin'. without limitation, an officer, agent, contractor or employee of the Grantee)1. FOR THE SOLE PURPOSE OF GIVING FULL FORCE AND EFFECT TO T INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT AND NOT FOR T BENEFIT OF THE GRANTEE'S EMPLOYEES OR ANY UNRELATED THIRD PARTIE THE GRANTEE SPECIFICALLY AND EXPRESSLY WAIVES ANY IMMUNITY TH MAY BE GRANTED IT UNDER THE LAWS OF THE STATE OF WASHINGTO, Page 4 Parcel No. 202305-9116 Instrument Number: 20220531000751 Document:EAS Rec: S215.50 Page-5 of 13 Record Date:5/31/2022 2:25 PM King County, WA INCLUDING, BUT NOT LIMITED TO, WASHINGTON STATE INDUSTRIAL INSURANCE ACT, TITLE 51 RCW. 9. It is understood and agreed that delivery of this Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Renton unless and until approved hereon in writing by City of Renton. If the City of Renton does not approve this Easement on or prior to the date which is sixty (60) days after the Grantor's execution of this Easement, this easement shall be of no further force or effect and neither the City of Renton nor any of its successors or assigns shall have any rights hereunder. 10. Grantee shall pay Grantor its attorney's fees, costs -for review of this easement, and thirty-seven dollars and fifty cents ($437.50). Payment will be made within thirty (30) days of approval of the Easement by the City of Renton. Effective Date: 5 212a., zu�= M INII! 1! 11 1111 !1 myj,� I I III KRONE 1111FIRIN IN I IIE!1111111�� Page 5 Parcel No. 202305-91.16 Instrument Number: 20220531000751 Document:EAS Rec: 5215.50 Page-6 of 13 Record Date:5/31/2022 2:25 PM King County, WA CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 6 1189 A notary public or ether officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California Count,/ of �. �.�.._ On before me, � � _��tG. � ate g f Here insert Nope and Title of the Officermm personally appeared who proved to me on the basis of satisfactory evidence to be the person(p whose name( I sLabscrload to the within instrument and acknowledged to me that /tl executed the .same in l f a authorized ca adty(i , and that by /h signatures can the instrument the perso ar the entity upon behalf of which the perso ) acted, executed the instrument. iaAIL,M. MARTIN -WHITE I certify Linder PENALTY OF PERJURY under the Notary Public - Caffornia laws of the State of affornia that the foregoing wDF-,, Santa Barbara County paragraph is true and correct, Commission # 2282950 MY Comm, Expires Apr' 21„ 2023 l7"6+ISS my hand and catfic.lal seal. P/oc:e Notary Seal crr dlor Stamp Above Signature .. 1 ._... ._..__. , A_ _.r.. ,Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintpnded document. Description of Attached Document Title or Type of Document: Document Date: _.. Signer(s) Other Than turned Above: apacity(iea) Claimed bySigner(s) Signer's Name: • Corporate Officer — Title(s): • Partner — 0 Llrnited 0 General • Individual 0 Attorney in Fact • Trustee o Guardian of Conservator Ll Other: Signer is Representing. _...__ C;)2017 National Notary Association Number of Pages: Signer's Marne: �. o Corporate Officer •-- `fitle(s): 0 Partner — 0 Limited 0 General • individual 0 Attorney in Fact • Trustee o Guardian of Conservator • Other: Signer is Representing:. _ Instrument Number: 20220531000751 Document:EAS Rec: S215.50 Page-7 of 13 Record Date:5/31/2022 2:25 PM King County, WA Hof Renton� Its [Title].mmAa AI . Date A-4- 210 1 2b Z7- Page 6 Parcel No. 2023 5-9116 Instrument Number: 20220531000751 Document:EAS Rec: S215.50 Page-8 of 13 Record Date:5/31/2022 2:25 PM King County, WA That portion of the West w.,t of Section 20, Township 23 North, Range 5 East, W.M.,in Kigg County, Washington, described as follows: and the True Point of Beginning; Thence North 74'32'17" East along d southeasterly Thence North 82'22'30" East alongsoutheasterly ThenceWesterly line of City of Seattle's transmission line right-of-way, South 8'.t 88.79 , . North line BonnevillePower Administration's right-of-way as contained in instrument recorded under Auditors File No. 5178076; South Thence 4w 669.54 feet to the northerly line of Prosper Ethier Road; Thence North " s West along ZP�IVAMMMTiek,' Munder No. 3292927; Thence North 42035'34" West along said northeasterly line 52,32 feet to the Instrument Number: 20220531000751 Document:EAS Rec: S215.50 Page-9 of 13 Record Date:5/31/2022 2:25 PM King County, WA Recording No. 71010410192. Instrument Number: 20220531000751 Document:EAS Rec: S215.50 Page-10 of 13 Record Date:5/31/2022 2:25 PM King County, WA That portion of t a- property describedherein, the r quarter of the quarter Range 5 East, describedW.M., in King County, Washington, further described as follows - A 35-foot wide strip of land lying 17.50 feet on each side of the following M, bearingWest 5.79 feet to "Point D", said point being the beginning of a non - tangent curve concave to the Southwest having a radius of 196.00 feet and a radial Point of Beginning; Thence northwesterly 4.9.51 feet along said curve through a central angle of 14128'20"; Thence North ,. 37'01" West 68.66 feet to the beginning of a non- ng-6 maw, ,, Thenceand a radial bearing to which bears North 58033'07" East; o,thwesterly 46.38 feet along said curve through k.; w Instrument Numbem20220531000751 Ooume t£wRR cS21s3n#ae11 «!3 Record Oke5/31g0222 #M Vin County, WA the ;»v224;...<9 feet «.. wy . .radius. .>:� m»y»«y»#4 which bears North »» 0206z w» Thence along curve 2w.V a ,»»»»»2 2x©� y:»» «. w, w.central: 2»' e 2 d\ aid #»»:being o w a © angle» :� »~^northeasterly projection ythe North line o said Division ©bearing North 74''4 yp2 » ?,»«:»om the Northeast comer of said Division 3 and the terminus of ©said centerline description; � « ©« « m «sO y ?<2» a dasem n Re « a s:.c c »av «# ©ram terminate at the margins and property lines where the described centerlines Instrument Number: 20220531000751 Document:EAS Rec: S215.50 Page-12 of 13 Record Date:5/31/2022 2:25 PM King County, WA POINT "E"— N74°31"45"E- — 6.76' 202305-9013 (F TN) PROPERTY LIME 77°1216 14°49106"tPV 52.96" L=45.63" � R=60.17' 864412-0000 (CONDO) DO) A=32"45"17" PE MANENT EASEMENT (SHADED AREA) il EXHIBIT " p� L =51. 54' t-IKUPILK 6 y R=210.94' LINE " ," .. A=14°00'00" o 202305-911 L=26.54° R=111.06' A-14°43'22 _., FULL WIDTH OF L=46636" r `162.26" A=16"22°43"a N31 °37`01 "W . ' 66.66' ,- �r.r S22"4020" _, ,_\ 5.'r9' POIN ro " 20230 a-9013 (RTN) AREA '= 6991 ± SQF F : F'6i LA C1� Oh6 Instrument Number: 20220531000751 Document:EAS Rec: S215.50 Page-13 of 13 Record Date:5/31/2022 2:25 PM King County, WA !I V ZY 1111 A '11 :ii lfi�i STATE OF —LiA WriLi� ss. COUNTY OF Sk'6 I certify that I know or have satisfactory evidence that _is the person who appeared before me, and said no person ack a iedged that they signed this instrument, and on oath stated that they were authorized to execute the instrument and acknowledged it as the of NAILS Opportunity III, LLC, in its capacity as general partner of N/A Woodcliffe — 50, in its capacity as sole member of NALS Woodcliffe, LILC, a and purposes mentioned in the instrument. Page 7 Parcel No. 202305-9116