Loading...
HomeMy WebLinkAboutE 20220531000752Instrument Numbem20220531000752 Ooume t£wRR cS21s3n#ae! «!3 Record Oke &31g0 222 #M Electronically Rcore Vin County, WA EXCISE TAX NOT REQUIRED BY ROB£#T DUTTON, DEPUTY » a«ywtMEMM City of Renton City Clerk's Office Renton, WA 98057 §y»:+w« NALS Woodcliffe,LL a Delaware limited <liability ©company »w»G»� Washington munip,.,» Abbreviated Legal Description:Portionofy' » T23N, »»E Full Legal»2«:\}<on on Page(s) Exhibit"A and Exhibit "B" of document Assessor's Tax Par d Number: 20 0?91° Reference v/: ..avc«r«+«*<f6 mf§w©«mmr�. This Temporary Construction Easement (the "Construction Easement"), is made and entered signature . set : below, /:y »between . » 6 d<: .». . .a»: .,» «±!<: ,. »« » Delaware limited a:liability company ©»:»2:«<» 2 the City of Renton, :Washington municipal corporation ("City" or "Grantee"), its successors and assigns. For good an, valuable consideration, the sufficiency and re . which we :v>b§ acknowledged, Grantor, as the owner of that certain real property, designated by the County «. Office as King County »:a:©« be « © Kilegally described on i«»:<=this reference- de here 0 grant c.the < » . 3,176 square foot temporary construction easemento over, through. and across that °« the Property described on Exh"6"2?semen «m+» and depicted< on Exhibit. which<Exhibitsvare attachedx«c and incorporated » : wyw.w. for the purpose of installing and repairing sanitary sewer facilities; protecting existing public and :,a;© improvements in the immediateEasement Area;accessing the Easement Area; and repairing, restoring and/or reestablishing any «<« urwhile undertaking « 2:� © » «� � ,. »activities.. « r. The « temporary right granted in thisConstructionEasement shall be effective execution by the parties. Grantee and/or its contractors shall »:ate a minimum of three Page Parcel No, «.#.«6 Instrument Number: 20220531000752 Document:EAS Rec: S215.50 Page-2 of 13 Record Date:5/31/2022 2:25 PM King County, WA business days' notice to the Grantor of its intent to commence construction. The temporary 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 -v's f Psl-tmioj s. sic',, ness-* r zurmil all cloirns. lossps *r ha�,Jli Qvcludi g,7ttnrnPv's f t 1, , -uLip 1,Nk4eav= persons, IncIT113 =ig erilplo ees of'Y" ranTee, or aamag to propercy, arTMTqrU=i 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 frorn t sole willful misconduct or sole negligence of the Grantor; and b. The Grantee's obligations to indemnify, defend and hold harmless for injuriel 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 a m caused by the negligence or willful misconduct of the Grantee (inclu7n' 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 I NSU RANCE ACT, TITLE 51 RCW. Page 2 Parcel No, 202305-9116 Instrument Number: 20220531000752 Document:EAS Rec: S215.50 Page-3 of 13 Record Date:5/31/2022 2:25 PM King County, WA a. the cost of all work completed in the Easement Area by or on behalf of Grant shall be at Grantee's sole expense, i 1 D. the Grantee and its agents' use of the Easement Area pursuant to this Construction Easement shall be in such a manner so as not to unreasonably interfere with Grantor's access to or use of the Property, or the quiet enjoyment of Grantor and Grantor's tenants of the Property, and in furtherance thereof (but without limitation), Grantee and its agents shall conduct construction activities only during normal business hours, 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 Property free and clear of all liens, charges, a other monetary encumbrances arising out of the rights granted to Grant hereunder, and I 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 t execution of the work, as nearly as practicable, to the conditions as of t effective date of this easement. 1V 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 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. Page 3 Parcel No. 202305-9116 Instrument Number: 20220531000752 Document:EAS Rec: S215.50 Page-4 of 13 Record Date:5/31/2022 2:25 PM King County, WA 5. Grantor covenants that it is the lawful owner of the above -described property and has authority to convey such easement. 6. 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 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 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. 7. It is understood and agreed that delivery of this Construction Easement is hereby tt-ndeh-ed-aTrd tt� i d--o k 1 1 (E bftA) 1 Aru - y 0 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 feirS��� tl­rt Citr&SW.Tr'L#Ymr6r or assigns shall have any rights hereunder. 8. Grantee shall pay Grantor its attorney's fees, costs for review of this easement, and LIM Ly-beTt!FF�WU�Idfb dfl* MLT'LL-FILN AZ5/. ��MPMTMM7777raa approval of the Easement by the City. Dated: _-4da — 20 42- Page 4 Parcel No. 202305-9116 Instrument Number: 20220531000752 Document:EAS Rec: S215.50 Page-5 of 13 Record Date:5/31/2022 2:25 PM King County, WA ILI By: N/A Woodcliffe—.50, a Washington limited partnership, its Sole Member Opportunit III LLC, an Arizona limited liabilitys its General Part2r t Page 5 Parcel No. 2 2305-9116 Instrument Number: 20220531000752 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 § 1189 A notary public or other 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 County of 412x­­ before me—, ate "Here 'Insert Name and Title of the Officer personally appeared MIME= who proved to me on the basis of satisfactory evidence to be the personi .whose name(N sz " subscribed to the within instrument and acknowledged to me that hQh*4tbey executed the same in %hefA*wif authorized capacity(ik, and that byQ/he+Ahewsignature) ,+on the instrument the persorrNor the entity upon behalf of which the person(s4_acted, executed the instrument. .�4 GAIL M. MARTIN -WHITE Notary Pubft - California Santa Barbara County My CommissIon # 2282950 Comm. Expkes Apr 21, 2023 Place Notary Seal andlor Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature �)Atgncy�Lture of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Docurnent Dated Signer(s) Other Than Named Above: Capacity(lies) Claimed by ligner(s) Signer's Name: • Corporate Officer -­ Title(s): • Partner — D Limited D General • Individual 0 Attorney in Fact 11 Trustee o Guardian of Conservator 0 Other Signer is Representing: Number of Pages: Signer's Name: 0 Corporate Officer -- Title(s): 0 Partner— 11 Limited 0 General ci Individual 0 Attorney in Fact 0 Trustee o Guardian of Conservator [I Other: Signer is Representing:­—­--- 0`1 2017 National Notary Association Instrument Number: 20220531000752 Document:EAS Rec: S215.50 Page-7 of 13 Record Date:5/31/2022 2:25 PM King County, WA Accepted and Approved City of Keaton By...._.. sae, ..._..m..._ .�... _._ fts Date Page 6 Parcei No. 202205,9111 Instrument Number: 20220531000752 Document:EAS Rec: S215.50 Page-8 of 13 Record Date:5/31/2022 2:25 PM King County, WA STATE Ol`at'h(ALutt—1 ss. COUNTY OF I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person no" edi;e d that they signed this instrument, and on oath stated that they were authorized to execute the instrument and acknowledged it as the LL of NALS Opportunity III, LLC, in its capacity as general partner of N/A W odcliffe — 50, in its capacity as sole member of NALS Woodcliffe, ILLC, a Delaware linnited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Page 7 Parcel No. 202305-9116 Instrument Number: 20220531000752 Document:EAS Rec: S215.50 Page-9 of 13 Record Date:5/31/2022 2:25 PM King County, WA F-AHIBTr "A" That othe West half of Section ,. Township 23 North, Range 5 East, M in King County, Washington, described MIMI w, recorded under Auditor's File No. 3292927; Thence South 22'42'56" West along said Bonneville Power right-of-way 669.54 feet to the northerly line of Prosper Ethier: Thence North 57008'26" West along said road line 629.61 "' to a point w i . underM . 3292927; Thence North 4+ w said northeasterly Beginning;True Point of Instrument Number: 20220531000752 Document:EAS Rec: S215.50 Page-10 of 13 Record Date:5/31/2022 2:25 PM King County, WA a Recording No. 71010410192. Instrument Numbem20220531000752 Ooume t£wRR cS21s3n#ae11 «!3 Record Oke5/31g0222 #M Vin County, WA EXHIBIT # K.C.TAX � » wPARCEL » 2+ d4 ? ?:;< TEMPORARY CONSTRUCTION EASEMENT MEN hatportion of the real property described Exhibit "X herein,lying » the »#d«hid quarter of the Southwest quarter of Section ?t Township 23No»\ Range ge 5 East, «< d 2 King County, Washington, further described as follow parallel°I 0-foot wide strip ofland »»aeasterly ll and adjacent the easterly < \«■ feet o the following described strip of land - a Commencing . «. . .,az. : w ..a:hill v ©�: . .... . :aw«»»«m Division 3, Recording Number 298100851 Records of King: n ««2z»<t» hehill along the southeasterly line of said Division � South 2140 2" West 5.79 GX to "PoinDsaid point G+«g the beginning of « non -tangent v concave to the Southwest having ardiu of 19600fet and « radial bearing to which North .. ...� Point :_. b ar «,:20 9" <»» andth rue o »hillying Thence northwesterly 49.51 6 along said curve through a central angle y.a.< Thence North «"7'01"West ?/d6feet to the«<wG»« of non -tangent curve concave to the Southwest, having a radius of G&EQmk« y Thence northwesterly 46.38 3e: along said curve «errs central angle of 161«»« hill* beginning »facurve concave a:»w«:»«:.» S «»«� S»v,.»«■<radius©. :d»ar Thence northwesterly » 45.8 feet along said curve through central angle of»2 v ©; Thence Nth 14149'08" West, »«dw»a2»:w§durve,5294 feet mthe beginning ofa«o,w»en curve concave the Instrument Number: 20220531000752 Document:EAS Rec: S215.50 Page-12 of 13 Record Date:5/31/2022 2:25 PM King County, WA f IR iAHUM[�t7�►i 1C� ' %#T �tl YI .1=71n whichEast; terminate at ` margins and t Instrument Number: 20220531000752 Document:EAS Rec: S215.50 Page-13 of 13 Record Date:5/31/2022 2:25 PM King County, WA 02305-9013 (PT ) M PROPERTY - LINE - 7 52. a"' 8' Lg�=45, R 80' 664412-0000 (CONDO) A=32. 11 ----"-EXHIBIT Vi it -- L= 51 54' PROPERTY RT Y R=210.941 LINE R p y4r r 2 2305-9'116 L=28.54' f f , A==14°4 '22" CONSTRUCTION TEMPORARY EASEMENT R=162.26' 6T —.. A=1 '22'43°" 17' ,4 N31°3 '01" 4 17" �O 6&66' 522"40'20" W - 5.79' -. j J. f` Cg3 yw i.C,P. AREA = 3176± SQL �sr�a20EMP117-D Ei W1/4, SEC 20, i23N., R05E., W.M. Stantec 11130 CBE 33rd Place® Bellevue WA 98004 ahone: W51369-9448 CITY OF RENTON THUNDER FILLS SEWER INTERCEPTOR REH ILIT "ION TEMPORARY Y C T RU TION EASEMENT PARCEL 202305-911 NTS 1 7/22/2019 I IMM IV:\2002i...3611iesrnt ! MJL