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Home My WebLink AboutE 20220531000591Instrument Number: 20220531000591 Document:EAS Rec: $214.50 Page-1 of 12 Record Date:5/31/2022 11:50 AM Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY AL VASS] 10"VIRNMI City of Renton 'City Clerk's Office Grantor(s): NALS Opportunity 111,LLC, an Arizona limited liability company Grantee(s): City of Renton, a Washington municipal corporation Abbreviated Legal Description: Portion of NE 1/4 of the SW 1/4, Sec 20, T23N, R5-71 Full Legal Description on Page(s) Exhibit "A" and Exhibit "B" of document Assessor's Tax Parcel Number: 202305-9114 Reference Number of Related Documents: N/A 144 ITITZ'CF."T*�Ttilitto-ligitinap� This Temporary Construction Easement (the "Construction Easement"), is made and entered into as of the last signature date set forth below, by and between NALS Opportunity III, LLC, an Arizona limited liability company ("Grantor"), and the City of Renton, a Washington municipal corporation ("City" or "Grantee"), its successors and assigns. For good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, Grantor, as the owner of that certain real property, designated by the King County Assessor's Office as King County Parcel Number 202305-9114, legally described on Exhibit "A" (the "Property"), attached hereto and incorporated by this reference, does hereby and across that portion of the Property described on Exhibit "B" ("Easement Area") and depicted on ExhibiL_LC" , which Exhibits are attached hereto and incorporated by this reference, for the purpose of installing and repairing sanitary sewer facilities; protecting existing public and private improvements in the immediate vicinity of the Easement Area; accessing the Easement Area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide a minimum of three business days' notice to the Grantor of its intent to commence construction. The temporary Page 1 Parcel No. 202305-9114 Instrument Number: 20220531000591 Document:EAS Rec: $214.50 Page-2 of 12 Record Date:5/31/2022 11:50 AM King County, WA rights granted to the Grantee shall automatically terminate and be null and void (i) twenty- four (24) months after the commencement of project construction or (ii) upon restoration of any existing improvements disturbed by the Grantee within the Easement Area, whichever is later, but in no event later than March 31, 2024. Following termination and upon request by Grantor, Grantee shall approve a termination to be recorded with the King County Recorder's office. 1. The Grantee agrees to hold harmless, indemnify and defend the Grantor from and aZainst ano and all claims., losses or IiabiIi%A&cIudinA attorneo,'s fees� for W,,uries,, 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 sny 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 extend to injuries, sickness, death or damage caused by or resulting from sole willful misconduct or sole negligence of the Grantor; and I b. The Grantee's obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer, agent, contractor or employee of the Grantee, Grantee shall be responsible only to the extent of the damages caused by the negligence or willful misconduct of the Grantee (including, without limitation, an officer, agent, contractor or employee of the Grantee). C. FOR THE SOLE PURPOSE OF GIVING FULL FORCE AND EFFECT TO THE INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT AND NOT FOR THE BENEFIT OF THE GRANTEE'S EMPLOYEES OR ANY UNRELATED THIRD PARTIES, THE GRANTEE SPECIFICALLY AND EXPRESSLY WAIVES ANY IMMUNITY THAT MAY BE GRANTED IT UNDER THE LAWS OF THE STATE OF WASHINGTON INCLUDING, BUT NOT LIMITED TO, WASHINGTON STATE INDUSTRIAL INSURANCE ACT, TITLE 51 RCW. smmm� a. the cost of all work completed in the Easement Area by or on behalf of Grant-T shall be at Grantee's sole expense, I Page 2 Parcel No. 202305-9114 Instrument Number: 20220531000591 Document:EAS Rec: $214.50 Page-3 of 12 Record Date:5/31/2022 11:50 AM King County, WA b. the Grantee and its agents' use of the Easement Area pursuant to th Construction Easement shall be in such a manner so as not to unreasonab interfere with Grantor's access to or use of the Property, or the qui enjoyment of Grantor and Grantor's tenants of the Property, and furtherance thereof (but without limitation), Grantee and its agents sh conduct construction activities only during normal business hours, I C. the Grantee will comply with all federal, state, and municipal law, orders, rules, permits, permissions and regulations applicable to Grantee's use of the Easement Area, d. the Grantee will keep Grantor's Propertyfree and clear of all liens, charges, and other monetary encumbrances arising out of the rights granted to Grantee hereunder, and e. Grantee shall, at its sole cost and upon completion of the work within t Easement Area, fully restore the surface and subsurface of the Easement Ar and any public or private improvements disturbed by or destroyed during tF, execution of the work, as nearly as practicable, to the conditions as of t effective date of this easement. I It is the intention of the parties that this document be strictly limited to and for the purposes expressed. 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 any of the foregoing easements conflict or contradict the terms of this Easement, this Easement shall control. 4. This Construction Easement shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. 5. Grantor covenants that it is the lawful owner of the above -described property and has authority to convey such easement. & Any lawsuit or legal action brought by any party to enforce or interpret this Construction 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 Page 3 Parcel No. 202305-9114 Instrument Number: 20220531000591 Document:EAS Rec: $214.50 Page-4 of 12 Record Date:5/31/2022 11:50 AM King County, WA County, Washington, or its replacement or successor. If any party engages an attorney in connection with any action in a court of law or arbitration to enforce the terms of this Construction Ea recover its reasonable attorney's fees and other litigation or arbitration expenses, including fees and costs on appeal. 7. It is understood and agreed that delivery of this Construction Easement is hereby Renton, unless and until accepted and approved hereon in writing by the City of Renton. If the City of Renton does not approve this Construction Easement on or prior to the date which is sixty (60) days after the Grantor's execution of this Construction 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. 8. Grantee shall pay Grantor its attorney's fees, costs for review of this easement, and 371 5UFT--c-Fr,,MMTL-W ft=[MnT�S-OTffd-7S-(Tr approval of the Easement by the City. Dated: 20'22— gnu= NALS Opportu nity III, LLC, By _ Na m Tit le V% Page 4 Parcel No. 202305-9114 Instrument Number: 20220531000591 Document:EAS Rec: $214.50 Page-5 of 12 Record Date:5/31/2022 11:50 AM King County, WA CALIFORNIAALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the docurnent to vahich this ceitlficate is attached„ and not the truthfulness, accuracy, or validity of that document„ Mate of California County of_�. _.. On , � .. _,. .. ,Wri. before me, Late m i Here Insert rani and Title of the icer personally appeared who proved to me on the basis of satisfactory evidence to be the person( whose name . subscribed to the within instrurnent and acknowledged to e that h . t' executed the saute In i h it authorized capacity(iQ41, and that by hef signatureK on the instrument the person(,$), or the entity upon behalf of which the persa add„ executed the instrument. CAIL M, RTIN-WHITE Notary Public California r Santa Barbara County my Commission # 2282950 Conim. Expires Apt 21, 2023 Place Notary Seal and.,dbf„ Stamp Above I certify under PENALTY OF PERJURY under the laves of the Mate of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Completing this information can deter, alteration of tlTe document ar fraudulent reattachment of this form to anunintended document, Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Marred Above: apacity(ies) Claimed bySigner(s) Signer's Name, * Corporate Officer Title(s); * Partner -- 0 Limited 0 General * Individual 0 .Attorney in Fact * Trustee o Guardian of Conservator c3 Other; Signer, is Representing: Number of Pages: Signer's Name: o Corporate Officer -°- Title(s): .____._.. Ct Partner — 11 Limited 0 General ® Individual Li Attorney in Fact * Trustee o Guardian of Conservator * Other: Signer is Representing: ;it .k4r.1,_ s,pd# t 017 National Notary Association Instrument Number: 20220531000591 Document:EAS Rec: $214.50 Page-6 of 12 Record Date:5/31/2022 11:50 AM King County, WA Accepted. Approved RentonCity of By [Name] Mau. � . ___ lts [Title) __ t Gate Page 5 Parcel No. 2 2 05-9114 Instrument Number: 20220531000591 Document:EAS Rec: $214.50 Page-7 of 12 Record Date:5/31/2022 11:50 AM King County, WA W. 1 TWIT!" STATE OF ss. COUNTY OF I certify that I know or have satisfactory evidence that is the person who appeared before me, and said acknowt I c person acknowl d:ged that they signed this instrument, and on oath stated that they were authorized to execute the instrument and acknowledged it as the O"A —rof NAL S Opportunity III, LILC, to be the free and voluntary act of st—op'a—ty —for the uses and purposes mentioned in the instrument. DATED this day of M `t 20T1.. GAIT. M. AARTIN-WHTE Notary Pubk - California Santa Barbara County Commission # 2282950 My Comm. ExpreS Apr 21, 2023 1130MM, My appointment expires 2. 1 LL07-7 -!4 Page 6 Parcel No. 202305-9114 Instrument Number: 20220531000591 Document:EAS Rec: $214.50 Page-8 of 12 Record Date:5/31/2022 11:50 AM King County, WA EXHIBIT "A" TAX PARCEL 202306-9114 PROPERTY r ESCwIP' .O TownshipThat portion of the Northeast quarter of the Southwest quarter of Section 20, 23 North,ge 5 East, W.M., described as follows: WIT Thence South along the East line thereof 317.79 feet to the South line of the Bonneville Thence South 2610918" West along said right of way 188.70 feet to the True Point of Beginning; Thence continuing South 26109'16" West 399.44 feet to the North margin at Ethir Road; Thence Southeasterly along said margin 120.92 feet to the Westerly margin of an undedicated road (Grant Ave S.); Thence North Instrument Number: 20220531000591 Document:EAS Rec: $214.50 Page-9 of 12 Record Date:5/31/2022 11:50 AM King County, WA EXHIBIT ,,,, , K.C. TAX PARCEL 202305-9114 -Tr-,1,7,PORARY CONSTRUCTION EASEMENT That portion "„ �, , property �, a � .. Southwestquarter of the ri 23 North, Range Washington,W.M., in King County, described Instrument Number: 20220531000591 Document:EAS Rec: $214.50 Page-10 of 12 Record Date:5/31/2022 11:50 AM King County, WA line of the Bonneville Power Administration right of way, Auditor's File Number 5178076, Records of King County, Washington, and the terminus of said described Emu illillipipµ; TOGETHER WITH that portion of said real property described in "Exhibit A" lying easterly of said k" strip and northeasterlyof the following described line: Thence South 63056'32" East 21.16 feet to the intersection of t northwesterlyw,.;k Grant Ave. Southand the terminus 1 f sal described line. +� x southwesterly margin of Grant Ave. South and the terminus of said described Instrument Number: 20220531000591 Document:EAS Rec: $214.50 Page-11 of 12 Record Date:5/31/2022 11:50 AM King County, WA �t yr I O , � � r► � ., Thence South 62000'18" East 67.73 feet to said northwesterly margin of Grant Ave.♦ ;_ d the terminusdescribed terminate at the margins and property lines where the described centerlines Instrument Number: 20220531000591 Document:EAS Rec: $214.50 Page-12 of 12 Record Date:5/31/2022 11:50 AM King County, WA 202305-9013�C� N75°06"31 " 57,65' T,P.O. .....� PROPER -- LINE 4 202305-90,13 TEMPORARY—, � - ONSTRU TiON EASEMENT L=34a50` — .....r:3Y.3..49' fp =2f'g4p'n4'21 OY 22`°23'12"E 32.63' N26003'23"E 69.53' POINT A T.P.O.. .w 74'7 �� a EXHIBIT 9e lv PC)�agNT 3grg @/ 9 16.93' r j(J ✓' �' , ✓ =36°02'22" POINT B <t✓� �, — a2 0'16"E rz) f 6 e73' v f /f(f �m >r T.P 03. ' -- S63°6'32"E 21 A 6' N77" 47'53"E a 21.00' 7�> �? l 10.001 RO r €ITS h9%3T'E: fh#iS ih9F�7RPATiGB�! ICED1: FR9E Ld SIh�k sfC7@� f 1 FCEF�RE3Et�7 A BOUNDARY G�?�1PILEC7 FF%t� AN...Ct�LATEL� G� L R EY CtR �'�iC)PERTY OWN R;H6P ECG 11.130 NE 33rd Place, Bellevue WA 98004 lTC P AR=24,002t SQE W114, SEC 20, T23N.. 4 05E.. W. CITY OF RENTON THUNDER MILLS SEWER INTERCEPTOR REHABILITATION TEMPORARY CONSTRUCTION EASEMENT PARCEL L 202305-9114 SCZE PLCSTfPBV i"A0i'E C7FEA...�.A..�.-. F96.EPATH _... _....,._ CHEC ED NT' 7(2 t2019 I m 1l01200Z_..3611�esmt MJL