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Home My WebLink AboutE 20220606000448Instrument Number: 20220606000448 DocKK00ent:EAS Rec: $210,50D»��e-I of 8 D�ec��rd��ate:6/6/2022 12:52D»�� —Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY AL VASS] After recording return document to: City ofRenton City Clerk's Office lO55South Grady Way Renton, VVA9O057 Gn* Eagle Pointe Associates, a Washington Limited Partnership Grantee(m): City ofRenton, o Washington municipal corporation Abbreviated Legal Description: Thunderhi||Condominium, Div. III Full Legal Description onPage(s)Exhibit "A"and Exhibit "8" of document Assessor's Tax Parcel Number: 864412-0000 Reference Number ofRelated Documents: N/A Thunderhills, Sanitary Sewer Rehabilitation Project This Temporary Construction Easement (the "Construction Easement"), is made and entered into as of the last signature date set forth below, by and between Eagle Pointe Associates, a Washington limited partnership ("Grantor"), and the City of Renton, a Washington municipal corporation ("City" or "Grantee"), its successors and assigns. For Good and Valuable Consideration, sufficiency and receipt of which are hereby acknowledged, Grantor, as the owner ofthat certain real property, known as King County Parcel Nunnbar864412-000O, legally described on Exhibit "A" (the "Property"), attached hereto and incorporated by this reference, does hereby grant to the City, a 3,724squere foot temporary easement for construction and access purposes in, on, over, through and across that portion of the Property described on Exhibit "0" ("Easement Area") and depicted on Exhibit "C", which 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 Project area; access; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project 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 forty-eight (48) hours Page I Parcel No, 864412-0000 Instrument Number: 20220606000448 DocKK00ent:EAS Rec: $210,50D» of 8 D��K�m�D��*��/�/�� D»�� County, WA — Record _'_'_~__—_ �_-----'—�_ —~�, ,.^. to the Grantee shall automatically terminate and be null and void (i) twenty-four (2/) months after the commencement ofproject construction urAi\ upon restoration of any existing improvements disturbed by the Grantee within the Easement Area, whichever is later, but innuevent later than December 31,2022. The Grantee agrees tohold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee's rights under this Construction Easement orany willful misconduct or negligent art, 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: b\ The Grantee's obligations toindemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct orsole negligence ofthe Grantor; and (h) 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, orofthe Grantee and athird party other than anofficer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor uremployee ofthe Grantee\. Grantee shall, at its sole cost and upon completion of the work within the Easement Area, fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed, This Construction Easement and covenants herein 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 Parcel No. 8G44I2-00OU Instrument Number: 20220606000448 DocKK00ent:EAS Rec: $210,50D» of 8 D��K�m�D��*��/�/�� D»�� County, WA — Record _'_'_~__—_ �_-----'—�_ —~�, ,.^. 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 K4a|eng Regional Justice Center in Kent, King County, Washington, orits replacement *rsuccessor. It is understood and agreed that delivery nfthis Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. '4— Grantor: By: Weidner Investment Services, |nc,aWashington Corporation General P Limited Partnership By VV.Dean Weidner President of Weidner Investment Services, Inc. City of Renton I By [Name] Martin Pastucha Its [Title] Public Works Administrator Page Parcel No. 864412-0000 Instrument Number: 20220606000448 DocKK00ent:EAS Rec: $210,50D» of 8 D��K�m�D��*��/�/�� D»�� County, WA — Record _'_'_~__—_ �_-----'—�_ —~�, ,.^. CORPORA TEILL�IREPRESENTATIVE ACKNOWLEDGMENT STATE OF I certify that I know or have satisfactory evidence that W. Dean Weider is the person who appeared before me, and said person acknowledged that they signed this instrument, and on oath stated that they were authorized to execute the instrument and acknowledged it as the President of Weidner Investment Services, Inc,, which corporation is General Partner of Eagle Pointe Associates, a Washington Limited Partnership, to be the free and voluntary act ofsuch party for the uses and purposes mentioned in the instrument. DATED V�JL day of get l NotaryPub|ic otary Public State of Washington Printed Name My Comm. Expires Dec 4, 2023 ....mmj Residing at kjw"01 My appointment expires A&VAP41 Page 4 Parcel No, 864412-0000 Instrument Number: 20220606000448 Document:EAS Rec: $210.50 Page-5 of 8 Record Date:6/6/2022 12:52 PM King County, WA EXHIBIT "A" T1.0 JiY �21',JCFL 0641 _J11011) That portion of the Northeast quarter of the Southwest quarter of Section 20, Township 23 North, Range 5 East, W.M., in King County, Washington, further described as follows: Thunderhill Condominium tivision 3, according to the Condominium PW thereof recorded in Volume 35 of Condominiums, Pages 80 to 98 inclusive, Records of King County, Washington. Instrument Number: 20220606000448 Document:EAS Rec: $210.50 Page-6 of 8 Record Date:6/6/2022 12:52 PM King County, WA EXHIBIT "B" K.C. TAX PARCEL 864412-0000 TEMPORARY CONSTRUCTION EASEMENT That portion of the real property described in Exhibit "A" herein, lying in the Northeast quarter of the Southwest quarter of Section 20, Township 23 North, Range 5 East, W.M., in King County, Washington, further described as follows: A parallel 10-foot wide strip of land lying westerly of and adjacent to th,t westerly 17.50 feet of the following described strip of land: 7 711 eac I described centerline: Commencing at the most easterly corner of Thunderhill Condominium Division 3, Recording Number 7908100850, Records of King County, Washington; Thence along the southeasterly line of said Division 3, South 2214020 West 5.79 feet to "Point Dsaid point being the beginning of a non -tangent curve concave to the Southwest having a radius of 196.00 feet and a radial bearing to which bears North 72151'19" East and the True Point of Beginning; Thence northwesterly 49.51 feet along said Curve through a central angle of 14128'20"; Thence North 31037'01" West 68.66 feet to the beginning of a non -tangent curve concave to the Southwest, having a radius of 162.26 feet and a radial bearing to which of North 58033'07" East; Thence northwesterly 46.38 feet along said curve through a central angle of 1612243" to the beginning of a curve concav* to the Northeast having a radius of 80.17 feet; Thence northwesterly 45.83 feet along said curve through a central angle of 32'45'17"; Thence North 14149'08" West, non -tangent to said curve, 52.9; feet to the beginning of a non -tangent curve concave to the southwest having a radius of 111.08 feet and a radial bearing to which bears North 77012'18" East; Instrument Number: 20220606000448 Document:EAS Rec: $210.50 Page-7 of 8 Record Date:6/6/2022 12:52 PM King County, WA ATTIM AW The sidelines of described area to be extended or shortened to begin and terminate at the ► and property lines where the described centerlines termhurte. Instrument Number: 20220606000448 Document:EAS Rec: $210.50 Page-8 of 8 Record Date:6/6/2022 12:52 PM King County, WA POINT 1\174'31145"E-- _'-" 6.76' 202305-9013 (PTN) PROPERTY LINE 6" 017 N14'49'08V-"" 52,98' L=45,83'-----. R=80.1 7' 864412-0000 (CONDO) A=32'45'17" TEMPORARY- CONSTRUCTION EASEMENT M EXHIBIT T" '�ROPERTY,� R=210,94, LINE A=14-00W" 202305-9116 L=28.54' R=1 11.08' A=14'43'22" :\X S22"4020"W- 5,79' POINT L=46.38' R=162.26' A=16'22'43" ,N31'37'01" 68,66' Lz:-49.51' R=1 96,00' A=14'28'20" rz�zz:azx ;>� Cti 3i''302 T.C.P. AREA 3724± SQF NOT REPRESENT A BOUNDARY COMPILED FROM CALCULATED AN �-w -�H� 6W11/4, SEC 20, T23N., R05E., W.M. 4 CITY OF RENTON Stantec THUNDER HILLS SEWER INTERCEPTOR REHABILITATION 11130 NE 33rd Place, TEMPORARY CONSTRUCTION EASEMENT PARCEL 864412-0000 Bellevue WA 98004 15—cwf-f-,---,-ITCD-7ilw-6,6KfiF,----TD-RWN - ----- FF-1LEPATH "-----"--- phone: (425) 869-9448 NTS 7/1712019 1 IMM jV:Q002\...3611\esmt MJL