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HomeMy WebLinkAboutSWP272831 (2) CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: October 3, 2000 TO: Larry Warren, City Attorney FROM: Allen Quynn SUBJECT: Sunnydale Drainage Easement This memo is a follow up to our phone conversation on 10/02/00. For whatever reason, the City assumed responsibility of maintaining the existing storm system per the April 30, 1984 drainage easement agreement. The storm system includes a 1500-foot drainage ditch, two detention ponds and 500 feet of storm pipe. The City now desires to modify the existing agreement to accommodate a portion of the revised alignment for a new storm pipe which will replace the existing pipe that is failing. The new pipe will be located upstream of the drainage ditch and will serve the Sunnydale Mobile Home Park at the top of the slope. After discussions between Segale (La Pianta LLC) and the City Surface Water Utility, it was agreed to replace the old agreement with a modified agreement that would give the City the necessary easement area (Parcel D) to build the project. In return, the City has agreed to give up easement rights along portions of Parcels A, B and C (see enclosed map). There is the possibility the drainage system will expand in the future. However, As far as I know, the existing drainage system has not changed since the original agreement. No one including the maintenance department recalls when the detention ponds were constructed. As with the old agreement, the provision to allow the grantor to culvert and pave over the ditch is included in the new agreement. Language was added in Section 4 to include compliance with federal, state and local laws. I hope this addresses the concerns expressed in your memo. If you have any questions, please call me at 425-430-7247 cc: rile enclosure H:\DIVISION.S\UTILITIE.S\DOCS\2000-458.doc\a FREDERICK V BETTS LAW OFFICES PETER D. BALCH JOHN P BRAISLIN ROBERT M COHON TRACY L BROWN BETTS, PATTERSON & MINES, P.S. MARTIN T.COLLIER PAUL D CAREY MEREDITH A COPELAND WILLIAM P. FITE CHARLES W. DAVIS CARL H HAGENS THE FINANCIAL CENTER ELSA R DURHAM INGRID W. HANSEN 1215 FOURTH AVENUE FRANCIS S. FLOYD BRUCE H HURST STEVEN GOLDSTEIN S THOMAS MAGNUSON SEATTLE, WASHINGTON 98161-1090 JEFFREY C. GRANT MICHAEL MINES DAVID L. HENNINGS JOHN C PATTERSON (206) 292-9988 KENNETH S. McEWAN DALE RIVELAND TELECOPIER: (206) 343-7053 JAMES D NELSON CHRISTOPHER W TOMPKINS KIM C. PFLUEGER LIVINGSTON WERNECKE DOROTHY B. RICHARDSON JAMES P. SOLIMANO June 18 , 1984 W R McKELVY(1972) F. B FITE(1969) 1 L) Engr.Gh::c L) Ci:y of Re,.,— .i Robert E. Bergstrom Engineering Supervisor Engineering Department City of Renton 200 Mill Avenue South WN 1 9 1986 Renton, Washington 98055 Re: McMahon/City Drainage and Maintenance Agreement Dear Bob: Enclosed herewith you will find a fully executed original of the Drainage and Maintenance Agreement, which our client has authorized to be delivered to you. 'The new page 2 has been initialed and made a part of the agreement. In your letter of May 17 , 1984 , you referred to the request of King County Public Works that the alignment of the Of' site drainage ditch be modified slightly to joa on to the McMahon property. To accommodate this change, you added a 30-foot strip to the legal description set forth on page two of the agreement. Based upon your explanation of the County ' s requirements and our visit to the site on June 15 , 1984 , our client has approved the request. Our primary concern was that the realignment of the drainage ditch onto the McMahon property would not impair the future development of that parcel . You indicated that there would be no difficulty constructing a drainage pipe as opposed to a ditch , or paving over the area, so long as access to the drain was maintained to enable the City to perform its maintenance function. This arrangement is satisfactory to our client. As far as we know, this concludes the matter of the Drainage Maintenance Agreement. We would very much appreciate it if you would advise the Issaquah office of the Department of Natural Resources that the agreement has been concluded, and -hat the City wiil be perfol_ming the maintenance in 'L.he Robert E. Bergstrom -2- June 18 , 1984 future . The Department had expressed some concern about the drainage problem in the area behind Mrs. McMahon ' s former residence , and it would be helpful to us if you would advise the Department that the situation is now under control . Most sincerely , J h P. in JPB: jsk Encl. cc : Thomas F. McMahon 4 DRAINAGE AND MAINTENANCE AGREEMENT THIS AGREEMENT made and entered into this day of v� � , 1984, by and between THOMAS F. McMAHON, Personal Representative of the Estate of John C. Edwards and the Estate of Anna G. McMahon, Deceased, and Rainier Sand and Gravel, Inc. , a Washington corporation, (hereinafter referred to collectively as "Grantor") , and THE CITY OF RENTON, a municipal corporation, (hereinafter referred to as "Grantee") . W I T N E S S E T H: WHEREAS, Grantor is the owner of certain real property in the City of Renton, and more particularly described herein, upon which is located a temporary storm drainage system for the purpose of draining surface water from surrounding property; and WHEREAS, The City of Renton is desirous of obtaining a right of entry onto Grantor ' s property for the purpose of maintaining , operating, repairing and replacing said drainage system; and WHEREAS, Grantor is willing to grant the City of Renton a right of entry upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: 1. Grantor, by this agreement, does hereby grant to Grantee a right of access over , through, across and upon the real property hereinafter described, for the purpose of maintaining, operating, repairing, altering , replacing, or reconstructing an existing storm drainage system with all necessary appurtenances. Said property is located in the City 1 of Renton, King County, Washington, and is more particularly described as follows : A parcel of land situate in the SW 1/4 of Section 16, Township 23 N, Range 5 E, more particularly described as follows : The S. 150 . 00 ' of the NE 1/4 of the SW 1/4 of Section 16, Township 23 N, Range 5 E, W.M. , King County, Washington. TOGETHER with the S 150 . 00 ' of the E 440. 001 of Govern- ment Lot 1 , Section 16, Township 23 N, Range 5 E, W.M. , King County, Washington. TOGETHER with the N 70 . 00 ' of the E 440. 00 ' of Govern- ment Lot 2 , Section 16, Township 23 N, Range 5 E, W.M. , King County, Washington, less SR-169 . TOGETHER with the east 350. 00 feet of the west 850 . 00 feet of the north 30 feet of the SW 1/4 of the SE 1/4 of Section 16, Township 23 N. , Range 5 E, Willamette Meridian, King County, Washington. 2 . In consideration for the right of access herein granted, Grantee agrees, at its own cost and expense, to operate, maintain, repair, alter, replace and reconstruct the said storm drainage system, and do all things necessary to keep said drainage system open and properly functioning at all times . This includes, without limitation, the cleaning of the drainage ditch, the maintenance of pipes and culverts , and removal of silt from the ditch and siltation ponds as may be reasonably required from time to time . 3. Grantee shall have the right, without prior institution of any suit or proceedings at law, at such times as may be necessary, to enter upon said property for the pur- pose of operating, maintaining, repairing, altering, replacing or reconstructing said storm drainage system or making any connections therewith, without incurring any legal obligation or liability on account of such entry, provided, however, that such entry and all work performed pursuant to this agreement shall be accomplished in a workmanlike manner, and in a way which will not disturb , damage or destroy the improvements on the property. In the event any of the improvements are disturbed, damaged or destroyed, Grantee agrees to immediately 2 1;4 'JO (;. TF"i restore the same to the condition such improvements were in prior to Grantee ' s entry upon the property. 4. Grantee shall provide reasonable notice to Grantor prior to entering the property or performing work thereon. Grantee agrees to keep the property free of liens or encumbrances arising out of any of the work performed on the property pursuant to this agreement. Grantee further agrees to indemnify and hold harmless Grantor from and against any and all liability, claims, demands, actions or causes of action whatsoever , for personal injury, property damage or otherwise, arising out of or in any way relating to any of the work performed by Grantee pursuant to this agreement. 5. Grantor shall retain the right to use the surface of the drainage ditch, so long as said use does not interfere with storm drainage and so long as no permanent buildings or structures are erected on or over said drainage ditch. 6. Grantor and Grantee acknowledge that the existing drainage system located on Grantor ' s property is a temporary system which may be substantially altered or eliminated entirely at such time as the subject property is developed. Nothing herein contained shall be construed nor is intended to be construed as in any way preventing or precluding Grantor from developing the subject property, provided the existing drainage system is maintained, a suitable replacement drainage system is constructed, or surface water drainage is otherwise adequately provided for in a manner consistent with applicable state and local laws and ordinances. 7. This agreement shall be binding upon and the benefits thereof shall inure to the parties, their heirs, successors, assigns and personal representatives. 3 IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. GRANTOR: ESTATE OF JOHN C. EDWARDS By e<,.v, A,1 Thomas F. McMahon, Administrator ESTATE OF ANNA G. McMAHON Thomas F. McMahon, Executor RAINIER SAND AND GRAVEL, INC. By Its President GRANTEE: THE CITY OF RENTON n � By Ali STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this day of _ _ _ , 1984, before me personally appeared THOMA�McMAHON, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal the day and year first above written. c NOTARY PU L arfd for the /Stat of Washingto , residing �� STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this day of /6-- -� , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared THOMAS F . McMAHON and to me known to be 4 the President and , respectively, of RAINIER SAND AND GRAVEL, INC. , the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he,_ (s_ authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUtLIC a6la for the tate of Washington, residing at � 5 Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton,WA 98055 20001220000034 CITY OF RENTON EAS 19.00 PAGE 001 OF 012 12/20/2000 08:56 KING COUNTY, WA Title: DRAINAGE EASEMENT AND Parcel Numbers: 162305-9027, 9048 and 9131 MAINTENANCE AGREEMENT Project File#: SPW-27-2831 Project: Sunnydale Downstream Storm System Replacement This instrument hereby terminates and supercedes the previously-executed, unrecorded Drainage and Maintenance Agreement dated April 30, 1984 that is attached hereto as pages 8-12 hereof. Grantor(s): Grantee(s): 1. La Pianta LLC, a Washington limited liability company City of Renton, a Municipal Corporation m The Grantor, for and in consideration of mutual benefits,hereby grants and/or reaffirms to the o Grantee a non-exclusive access and drainage easement over,under, along and across the property (the "Easement Areas")Portions of Government Lots 1 and 2,portion of the SW 1,4, and portions of o the SE 1/4, all in Section 16,Township 23 North,Range 5 East,W.M.,King County, Washington, c" legally described on Exhibit A(attached hereto as page 3 hereof) and graphically depicted on c.. Exhibit B (attached hereto as pages 4, 5 and 6 hereof) for the purpose of maintaining, operating, repairing, altering,replacing,reconstructing and expanding an existing storm drainage system lying o within the Easement Areas with all necessary appurtenances. This easement is granted subject to the o following terms and conditions: c14 1. Grantee shall, at its own cost and expense, operate,maintain,repair, alter,replace,reconstruct and expand the said existing storm drainage system as it may be further expanded, and shall do all things necessary to keep said drainage system open and properly functioning at all times. This includes, without limitation, cleaning the drainage ditch(es),maintaining the pipes and culverts, and removing silt from the ditch(es) and drainage system ponds as may be reasonably required from time-to-time. 2. Grantee shall have the right, without prior institution of any suit or proceeding at law, at such times as may be necessary,to enter upon said Easement Areas for the purpose of operating, maintaining,repairing, altering,replacing,reconstructing or expanding said storm drainage system or making any connections thereto,without incurring any legal obligation or liability on account of such entry,provided,however,that such entry and all work performed pursuant to this instrument shall be accomplished in a workmanlike manner, and in a way which will not disturb, damage or destroy the improvements on the property. In the event any of the improvements on the Easement Areas are disturbed, damaged or destroyed, Grantee agrees to immediately restore the same to the condition such improvements were in prior to Grantee's Page 1 entry upon the Easement Areas. 3. Grantee shall provide reasonable notice to Grantor prior to entering the Easement Areas or performing work thereon. Grantee agrees to keep the Easement Area free of liens or encumbrances arising out of any of the work performed on the Easement Area pursuant to this agreement. Grantee further agrees to indemnify and hold harmless Grantor from and against any and all liability, claims, demands, actions or causes of action whatsoever, for personal injury, property damage or otherwise,arising out of or in any way relating to any of the work performed by Grantee pursuant to this agreement. 4. Grantor shall retain the right to use the surface area of the drainage ditch(es) constructed within the Easement Areas(including without limitation the right to replace the ditch(es)with a culvert and filling and paving over the ditch(es)),provided that(a) said use may not interfere with storm drainage conveyance, (b)no permanent buildings or structures (other than roadway and utility crossings) may be erected on or over said drainage ditch(es) and (c) said use must be in accordance with applicable federal, state and local law. Grantor, for the benefit of Grantor's abutting property, shall also have the right to jointly use any maintenance roads that Grantee has or may construct on the Easement Areas and shall be entitled to further improve such roads in connection with the development and use of the Easement Areas and of Grantor's adjacent property. This easement and maintenance agreement shall run with the land described herein and shall be binding upon and inure to the benefit of the parties, their heirs, successors-in-interest and assigns. Grantor covenants that it is the lawful owner of the above-referenced Easement Areas and that it has a good and lawful right to execute this agreement. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this c day of December, 2000. c c' LA PIANTA LLC,a Washington limited liability company 0 c111 By: METRO LAND DEVELOPMENT,INC., its Manager By: �,.� o M.A. Segale,Pr ident V 02' SApproved,Agreed-To and Accepted by Grantee: _ i yS CITY OF RENTON 6• Jes anner,Mayor Attest: ri Petersen, City Clerk Page 2 STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this � of December, 2000, before me, the undersigned, a Notary Public in and for the State of Washington, dul commissioned and sworn, personally appeared M. A. Segale, to me known to be the person who signed as President of Metro Land Development,Inc.,a Washington corporation,Manager of La Pianta LLC,the limited liability company that executed the within and foregoing instrument,and acknowledged said instrument to be the free and voluntary act and deed of said corporation of said limited liability company for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of the corporation was authorized to execute said instrument on behalf of the limited liability company. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (S gn re of Nota (Print or stamp name ot Notary) 1 2 0 C 1 r,,= NOTARY PUBLIC in and fo he St �!! F��'"•.•:��.'..lV_ of Washington,residing atl _ My appointment expires: 0� STATE OF WASHINGTON ) )ss. Cr� COUNTY OF KING ) c c I certify that on the _ day of 2000 JESSE TANNER appeared before me and acknowledged that he signed the instrument, on oath stated that he was authorized to execute the instrument and o acknowledged it as the Mayor of the City of Renton,the Washington municipal corporation that executed the within C"; and foregoing instrument and acknowledged the said instrument to be the free and voluntary act of said City for the uses c1.1 and purposed therein mentioned,and on oath stated that he was authorized to execute such instrument,and that the seal affixed, if any,is the corporate seal of said City. c Q o (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington,residing at My appointment expires: \\,,Micron\D\CF\2418\004\Renton Easement\Notary Block.wpd Page 3 EXHIBIT A LEGAL DESCRIPTION OF THE EASEMENT AREAS Parcels A,B,C and D situated in Section 16,Township 23 N,Range 5 E,W.M.in King County,Washington,more particularly described as follows: Parcel A: THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 16,TOWNSHIP 23 NORTH, RANGE 5 EAST,W.M.IN KING COUNTY,WASHINGTON LYING WITHIN A STRIP OF LAND 70.00 FEET IN WIDTH THE NORTH LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT l; THENCE NORTH 89000'53"WEST ALONG THE SOUTH LINE OF GOVERNMENT LOT 1 AND ITS WESTERLY EXTENSION 300.00 FEET TO THE TERMINUS OF THIS LINE; EXCEPT THAT PORTION OF SAID STRIP OF LAND LYING WITHIN THE MAPLE VALLEY HIGHWAY A.K.A.SR 169. Parcel B: THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 16,TOWNSHIP 23 NORTH, RANGE 5 EAST,W.M.IN KING COUNTY,WASHINGTON LYING WITHIN A STRIP OF LAND 80.00 FEET IN WIDTH THE SOUTH LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 1; THENCE NORTH 89000'53"WEST ALONG THE SOUTH LINE OF GOVERNMENT LOT 1 AND ITS WESTERLY EXTENSION 300.00 FEET TO THE TERMINUS OF THIS LINE. Parcel C: THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16,TOWNSHIP 23 NORTH,RANGE 5 EAST,W.M.IN KING COUNTY,WASHINGTON DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE NORTH 010 04' 10"EAST ALONG THE WEST LINE THEREOF 80.00 FEET TO THE NORTH LINE OF THE SOUTH 80.00 FEET OF SAID SUBDIVISION; THENCE SOUTH 89000'53"EAST ALONG SAID NORTH LINE 320.00 FEET; THENCE NORTH 00059'07"EAST 70.00 FEET TO THE NORTH LINE OF THE SOUTH 150.00 F-' FEET OF SAID SUBDIVISION; c THENCE SOUTH 89000'53"EAST ALONG SAID NORTH LINE 200.00 FEET; a THENCE SOUTH 00059'07"WEST 90.00 FEET TO THE NORTH LINE OF THE SOUTH 60.00 `n FEET OF SAID SUBDIVISION; THENCE SOUTH 89000'53"EAST 806.80 FEET TO THE EAST LINE OF SAID SUBDIVISION; C1+ THENCE SOUTH 01004'18"WEST ALONG SAID EAST LINE 60.00 FEET TO THE SOUTH LINE C"' OF SAID SUBDIVISION; THENCE NORTH 89000'53"WEST ALONG THE SOUTH LINE OF SAID SUBDIVISION 1326.82 o FEET TO THE POINT OF BEGINNING. 0 o Parcel D: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 16,TOWNSHIP 23 NORTH, RANGE 5 EAST,W.M.IN KING COUNTY,WASHINGTON LYING WITHIN A STRIP OF LAND 30.00 FEET IN WIDTH THE NORTH LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 89000'53"EAST ALONG THE SOUTH LINE THEREOF 270.00 FEET TO THE TRUE POINT OF BEGINNING OF THIS LINE; THENCE CONTINUING ALONG SAID SOUTH LINE SOUTH 89000'53"EAST 640.00 FEET TO THE TERMINUS OF THIS LINE; EXCEPT THAT PORTION OF SAID STRIP OF LAND LYING WITH THE PLAT OF MAPLEWOOD DMSION 2 ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 39 OF PLATS AT PAGE 39,RECORDS OF KING COUNTY,WASHINGTON. Page 4 SEC. 15, TV✓P. 123 N., RGE. 5 E., VIM. TMAD ASSOCLATE3 0 V SY✓•1/4 � �J 3 I ► d O �1 PARCEL C SE:1/4 PARCEL B SCALE:NTS x W � v°¢"" PARCEL A PARCEL D I I SIST IN THE INTERPRETATION cc THIS EXHIBIT HAS BEEN PREPARED ED TO AS THE LEGAL I U DESCRIPTION. THE LEGAL DESCRIPTION SHALL xjjucm D. HILL PREVAIL IF CONFLICTING INFOR14ATION BETWEEN DCLDD; V. BLUE I I THE LEGAL DESCRIPTION AND THE EXHIBIT ARE I COCUD: FREEN.W FOUND. nut e116100 17 16 IIl• Bom.NTS TQT: 20ji 21 21 21 22 0 0'022 SEM Kim 1 of 3 icl00000 ZZ1 0OR i SEC. 16, TWP. 23 N., RGE. 5 E., l/✓.M. sw� �j4 �°,, "� I V. w v.- z 70.00 PA R CEL C W y I N00 59'07"E W N I 3 90.00, PARCEL B N00'59'07"'E \60. `� Q wCC N89'00'53"Iv N89'00'53'"I'✓ 00'320.00' 200.00' 806.8o N89'00"5 —_ z 12 ,300.00' 1326.82' 270.00' 640.00 ! Q L1J o 34" +/— 80.00' S89'00'53'"E C 5 7' +� / J o >—I,fAPLE � PARCEL A PARCEL D U YllJ60C 0. HILL (SR 169) I cMo-� V. ecuE THIS EXHIBIT HAS BEEN PREPARED TO ASSIST IN MaM. R fREEMAN THE INTERPRETATION OF THE LEGAL SUM, BORIZ:NTS DESCRIPTION. THE,LEGAL DESCRIPTION SHALL �sr: PREVAIL IF CONFLICTING INFORMATION BETWEEN Joe K''all I THE LEGAL DESCRIPTION AND THE EXHIBIT ARE 00-022 FOUND. I Est n�t3 2 o?3 i � UUOGG Zci OOOZ SEC. 16, TWP. 23 N., RGE. 5 E.,• W.M. ITMAM ASSOanls SE 114 PARCEL C �w .9 oo' �' N00 59'07""E i v Lij y 3,.✓✓ 50.00' Q 806.80' Z n m 270.00' 1 W 136.82 2 ' — — 640.00' 1 S89'00"53"E �— — o NTS 2 I PARCEL D ov W Iu. ' U THIS EXHIBIT HAS BEEN PREPARED TO ASSIST IN THE INTERPRETATION OF THE LEGAL BISlcJR D. HILL o DESCRIPTION. THE LEGAL DESCRIPTION SHALL cJLM V. Btu£ PREVAIL IF CONFLICTING INFORMATION BETWEEN CB8Cs1I)-. B. FR£fAUAN THE LEGAL DESCRIPTION AND THE EXHIBIT ARE DIM 8116100 FOUND. Sws BOP. NTS Teel_ JOB hvaER 00-022 SBLl7 h'OYB� 3 o►3 i 000000 ZZ L OOOZ DRAINAGE AND MAINTENANCE AGREEMENT (PREVI(XS) THIS AGREEMENT made and entered into this -�c day of �p•� I , 1984, by and between THOMAS F. McMAIION, Personal Representative of the Estate of John C. Edwards and the Estate of Anna G. McMahon, Deceased, and Rainier Sand and Gravel, Inc. , a Washington corporation, (hereinafter referred to collectively as "Grantor") , and THE CITY OF RENTON, a municipal corporation, (hereinafter referred to as "Grantee") . W I T N E S S E T If: WHEREAS, Grantor is the owner of certain real property in the City of Renton, and more particularly described herein, �+ upon which is located a temporary storm drainage system for the purpose of draining surface water from surrounding property; a 0 p and 0 o WHEREAS, The City of Renton is desirous of obtaining a h+ right of entry onto Grantor's property for the purpose of CV maintaining, operating, repairing and replacing said drainage 0 o system; and 0 cv WHEREAS," Grantor is willing to grant the City of Renton a right of entry upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: 1. Grantor, by this agreement, does hereby grant to Grantee a right of access over, through, across and upon the real property hereinafter described, for the purpose of maintaining , operating, repairing, altering„ replacing , or reconstructing an existing storm drainage system with all necessary appurtenances. Said property is located in the City Page 8 of Renton, King County, Washington, and is more particularly described as follows: A parcel of land situate in the SW 1/4 of Section 16, Township 23 N, Range 5 E, more particularly described as follows: The S. 150.00' of the NE 1/4 of the SW 1/4 of Section 16, Township 23 N, Range S E, W.M. , King County, Washington. TOGETHER with the S 150.00' of the E 440.00' of Govern- ment Lot 1 , Section 16, Township 23 N, Range 5 E, W.M. , King County, Washington. TOGETHER with the N 70.00' of the E 440.00' of Govern- ment Lot 2, Section 16, Township 23 N, Range 5 E, W.M. , King County, Washington, less SR-169. TOGETHER with the cast 350.00 feet of the west 850.00 feet of the north 30 feet of the SW 1/4 of the SE 1/4 of Section 16, Township 23 N. , Range 5 E, Willamette Meridian, King County, Washington. 2. In consideration for the right of access herein granted, Grantee agrees, at its own cost and expense, to operate, maintain, repair, alter, replace and reconstruct the said storm drainage system, and do all things necessary to cr-A keel) said drainage system open and properly functioning at 0 a all times. This includes, without limitation, the cleaning 0 C` of the drainage ditch the maintenance of o !; pipes and culverts, cv and removal of silt from the ditch and siltation ponds as may be reasonably required from time to time. 0 3. Grantee shall have the right, without prior o 0 C"+ institution of any suit or proceedings at law, at such times as may be necessary, to enter upon said property for the pur- pose of operating, maintaining, repairing, altering, replacing or reconstructing said storm drainage system or making any connections therewith, without incurring any legal obligation or liability on account of such entry, provided, however, that Sul:il entry and all work performed pursuant to this agreement shall be accomplished in a workmanlike manner, and in a way which will not disturb, damage or destroy the improvements on the property. In the event any of the improvements are disturbed, damaged or destroyed , Grantee agrees to immediately Page 9 restore the same to the condition such improvements were in prior to Grantee's entry upon the property. 4. Grantee shall provide reasonable notice to Grantor prior to entering the property or performing work thereon. Grantee agrees to keep the property free of liens or encumbrances arising out of any of the work performed on the property pursuant to this agreement. Grantee further agrees to indemnify and hold harmless Grantor from and against any and all liability, claims, demands, actions or causes of action whatsoever, for personal injury, property damage or 'otherwise, arising out of or in any way relating to any of the work performed by Grantee pursuant to this agreement. 5. Grantor shall retain the right to use the surface of the drainage ditch, so long as said use does not interfere with f cn storm drainage and so long as no permanent buildings or c o structures are erected on or over said drainage ditch. 0 0 o G. Grantor and Grantee acknowledge that the existing cv drainage system located on Grantor's property is a temporary cv system which may be substantially altered or eliminated oentirely at such time as the subject property is developed. d CI-+ Nothing herein contained shall be construed nor is intended to be construed as in any way preventing or precluding Grantor from developing the subject property, provided the existing drainage system is maintained, a suitable replacement drainage system is constructed, or surface water drainage is otherwise adequately provided for in a manner consistent with applicable state and local laws and ordinances. 7. This agreement shall be binding upon and the benefits thereof shall inure to the parties, their heirs, successors, assigns and personal representatives. Page 10 IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. GRANTOR: ESTATE OF JOHN C. EDWARDS Thomas F. McMahon, Administrator ESTATE OF ANNA G. MCMAHON By��s",���„ Thomas F. McMahon, Executor RAINIER SAND AND GRAVEL, INC. ny �:j (' rn -- Its President M GRANTEE: THE CITY OF RENTON a 0 o - , c— o a IIy'-' ct C..4 STATE OF WASHINGTON ) C, ) ss. r- COUNTY OF KING o On this�%�C) day of I/0.1, 1944, before me o personally appeared THOMAS. F. MCMAHON, to me known to be the C"+ individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal the day and year first above written. Ile 2;�I* NOTARY PU LTC )rb aifd for the State of Washingtor•; residing at :c%. •/%� STATE OF WASHINGTON ) ss. COUNTY OF KING ) / On this `(� day of (�/',��.( , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared THOMAS F. MCMAHON and to me known to be Page 11 the President and , respectively, of RAINIER SAND AND GRAVEL, INC. , the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that 1,- p authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WIT14ESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC •.�n and for the State of Washington; residing at c+-� 0 0 0 0 0 cv cal 0 o 0 cv ' Page 12 s STORM DRAINAGE EASEMENT F.F_i G F CIO r.A-HIsL +::+:+::+:+:,nn CC This agreement made this llth day of February 19 85 , by and between King County, a po itiT cTsuFdivision of the Stat WasTi ngton, hereinafter termed the Grantor, and the City of Renton , hereinafter termed the Grantee. WITNESSETH: That for and in consideration of mutual benefits, the Grantor herein does by these presents grant unto the Grantee, its successors and assigns, easements and right of way over, through, under, across and upon the following described property, situated in King County, Washington, to wit: a i EASEMENT "A" That portion of the Northwest 1/4 of the Southeast 1/4 of Section 16, Township 23 North, Range 5 East, W.M., King County, Washington, being a strip of land 15 feet in width having 7.50 feet on each side of the centerline described as follows: COMMENCING at the Southeast corner of said subdivision; thence N 1004'23" E along the East line thereof 170.21 feet to the POINT OF BEGINNING of said easement and centerline; thence S 55°41'00" W 50.00 feet; thence S 78000'00" W 87.00 feet; thence N 80°00'00" W 150.00 feet; thence S 67040'00" W 195.00 feet; thence S 53°37'48" W 112.05 feet; to the South line of said subdivision and the terminus of said centerline. ' VPurpose: Easement "A" The Grantee shall have the right to construct, O reconstruct, operate, maintain, and repair its storm drainage pipe line u7 with necessary appurtenances over, under and upon the above described strip of N land. Cj In EASEMENT "B" CY1 That portion of the Northwest 1/4 of the Southeast 1/4 of Section 16, Township 23 North, Range 5 East, W.M., King County, Washington, being a strip of land 40 feet in width described as follows: The South 40.00 feet of the West 800.00 feet of the Northwest 1/4 of the Southeast 1/4 of Section 16, Township 23 North, Range 5 East, W.M., King County, Washington. Purpose: Easement "B" The Grantee shall have the right to construct, reconstruct, operate, maintain, and repair an open storm drainage ditch and service road within the above described strip of land. The Grantor and Grantee herein, by accepting and recording this easement mutually covenant and agree to the terms and conditions described in detail in Appendix "A" attached hereto and by this reference made part of this agreement. DATED this llth day of February , 1985 ,n KING COUNTY, WASHINGTON `c o �\ cA Oct;_ BY an e e y TITLE LJ �J-1 Lt Z c� County _XPCU .IVP. STATE OF WASHINGTON) COUNTY OF KING ) ss // / On this day personally appeared before me hJ 'e+e to me known to be the County Executive of g County, Washington, the person who signed the a o and foregoing instrument for King County for the uses and purposes therein stated and acknowledged to me that he signed the same as the free and voluntary act and deed of King County and that lie was authorized to so sign. p GIVEN under my hand and official seal this �/ day o In 4nirt ie State of Washington residing at Dtt ✓/� L� — CITY OF RENTON 4Y 3o�,b�GJ Barbara Y. Shinpoch TITLE Mavor DATE February 8, 1985 Cn o � � In ATTEST STATE OF WASHINGTON) Ln COUNTY OF KING ) ss City Cterk UOn this day personally appeared before me ine Motor in to me known to be the person rwho signed the above an oregoing nstrument or 00 the uses and purposes therein stated and acknowledged to me that he signed the same as the free and voluntary act and deed of the Representative of City and that he was authorized to so sign. GIVEN under my hand and official seal this 8th day of February , � 1985 . 1 AR I in a nTor the Statpe of ington residing j a t �J LO APPROVED AS TO FORM & LE ITY: BY De uty P o at in tor-�y DATE U APPENDIX "A" Terms and conditions applicable to easements "A" and "B" granted by King County. 1. PERMIT REQUIRED: Before any work is performed under this agreement, Grantee must obtain a right of way construction permit or a special use permit from the Real Property Division. To obtain said permit, Grantee shall submit complete plans and specifications of the proposed project including details of landscaping, and comply with any and all other provisions as more specifically set forth in the permit application. 2. DAMAGES: In the event that any damage of any kind is caused by Grantee in a course of performing any act authorized by this easement, Grantee shall immediately reimburse the damaged party to the full extent necessary to restore said party to the position he would have held absent said damage. 3. ASSESSMENTS: Neither Grantor, nor its property shall be subjected to any charge, assessment or expense arising from, growing out of, or in any way attributable to, the use, occupance, or actions authorized herein, whether within or without the confines of Grantor's property. If Grantor or its property is legally subjected to any such charge, assessment or expense, Grantee shall pay Grantor, as additional compensation for the rights granted in this instrument an amount of money equal to any such charge, assessment or expense paid by the Grantor. 4. HOLD HARMLESS: The Grantee agrees to protect and save King County, r� its elects an appointed officials and employees while acting within the scope u7 of their duties as such, harmless from and against all claims, demands and 0 causes of action of any kind or character, including the cost of defense T-4 thereof, arising in favor of the Grantee's employees or third parties on C4 account of personal injuries, death or damage to property arising out of the LO premises herein or in any way resulting from the acts or omissions of the OD Grantee and/or its agents, employees or representatives. 5. HIRING AND EMPLOYMENT: In all hiring or employment made possible or resulting rom tFi'is agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status or the presence of any sensory, mental, or physical handicap, unless based upon a bonafide occupational qualification, and this requirement shall apply to but not be limited to the following: employment, advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this agreement on the ground of sex, race, color, creed, national origin, age, except minimum age and retirement provisions, marital status, or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this agreement and shall be grounds for cancellation, termination or suspension in whole or in part of the agreement by the County and may result in ineligibility for further County agreements. 6. RESERVATIONS: Grantor reserves to itself, licensees, lessees, successors and assigns, the right not only to continue to keep and use or operate all other facilities or structures now upon or beneath the surface of, or above, the said described premises, but also the right to install and use or operate other facilities and structures, provided that said installations may be made without substantial interference with the use of the said premises as provided in this instrument. 8. TERMINATION AND ABANDONMENT: If the use of the easement on the premises escri�iBedin--EFiis ins rument for the purposes expressed herein shall be abandonded or discontinued, or if the Grantee violates any provision of this instrument, the said easement shall thereupon cease and terminate, and Grantee shall surrender or cause to be surrendered to Grantor, to its successors or assigns, the peaceable possession of the said described premises, and title to the said premises shall remain in Grantor, or its successors or assigns, free and clear of all rights and claims of Grantee. Upon termination of the easement for any reason, Grantee shall remove at his expense all facilities placed on said property by Grantee and restore the premises to a condition which is equivalent in all respects to the condition existing prior to installation of the facilities or to a condition which is satisfactory to Grantor. If Grantee has not accomplished removal and restoration at the end of a ninety day period following the effective date of revocation, termination or abandonment, Grantor may acomplish all of the necessary work and charge all of the costs to Grantee. 9. RESTORATION AFTER INSTALLATION: Following any construction, Grantee shall return the s property to its original condition by fixing any damage Grantee's construction caused to Grantor's property, including but not limited to property damage to slopes, shrubbery, landscaping, fencing, roadway or structures. 10. EMERGENCY SITUATIONS: In the event of an emergency, Grantee shall take imme iatd' steps to per orm any necessary repairs, and in the event Grantee fails so to do, Grantor may perform said necessary repairs at the sole cost and expense of Grantee. 11. OTHER APPLICABLE LAWS: Grantee shall comply with all federal, state D7 and local laws, and assume all cost and expense and responsibility in rl connection therewith, without any liability whatsoever on the part of Grantor. P2 LO GO Special terms and conditions: 1. The final design of the Sunnydale Mobile Home Park detention facility has been approved for a maximum five (5) year release rate equal to 0.764 cubic feet per second and a twenty-five (25) year storm detention volume equal to 45,916.0 cubic feet. Any increase in discharge rate shall require prior approval by the King County Department of Public Works. 2. The improving and upgrading of the drainage ditch for the purpose of enhancing storm water runoff shall be completed by the City of Renton within j four (4) years of the acquisition of the necessary rights in land owned by the Estate of Anna McMahon referred to in special use permit #FS-122-83. 2I;ins F;FCE11iE'; CITY OF RENTuN King County Executive Randy Aevelle Department of Executive Administration Lauraine D.Brekke,Director January 31, 1985 Mr. Richard C. Houghton, Director City of Renton Department of Public Works 200 Mill Avenue South Renton, Washington 98055 RE: Storm Drainage Easement Request Oakhurst Development Our File No. 83-8-141 Dear Mr. Houghton: Please have the enclosed easement signed and then return to this office for final recording. When the easement has been recorded, we will return the original for your records. Sincerely, For CHRIS J. LOUTSIS Real Property Manager B GERA1 JI�/ITT Franchise Utilities Section CJL:GJL:jhv Enclosure 3885 Enclosed is the original recorded Easement in the above captioned case. 11,17 Real Property Division 500A King County %dministration Building 500 Fourth Avenue Seattle,Washington 98104 120613443970 uJ-U-141 STORM DRAINAGE EASEMENT F'Fi=D F i!C? S5 This agreement made this llth day of February 19 85 by and between King County, a po itica su division of the Stat WasFiiington, hereinafter termed the Grantor, and the City of Renton , hereinafter termed the Grantee. WITNESSETH: That for and in consideration of mutual benefits, the Grantor herein does by these presents grant unto the Grantee, its successors and assigns, easements and right of way over, through, under, across and upon the following described property, situated in King County, Washington, to wit: EASEMENT "A" That portion of the Northwest 1/4 of the Southeast 1/4 of Section 16, Township 23 North, Range 5 East, W.M., King County, Washington, being a strip of land 15 feet in width having 7.50 feet on each side of the centerline described as follows: COMMENCING at the Southeast corner of said subdivision; thence N 1004,23" E along the East line thereof 170.21 feet to the POINT OF BEGINNING of said easement and centerline; thence S 55041'00" W 50.00 feet; thence S 78000'00" W 87.00 feet; thence N 80°00'00" W 150.00 feet; thence S 67040'00" W 195.00 feet; thence S 53°37'48" W 112.05 feet; to the South line of said subdivision and the terminus of said centerline. ' Purpose: Easement "A" The Grantee shall have the right to construct, `O reconstruct, operate, maintain, and repair its storm drainage pipe line with necessary appurtenances over, under and upon the above described strip of land. lf� EASEMENT "B" QD That portion of the Northwest 1/4 of the Southeast 1/4 of Section 16, Township 23 North, Range 5 East, W.M., King County, Washington, being a strip of land 40 feet in width described as follows: The South 40.00 feet of the West 800.00 feet of the Northwest 1/4 of the Southeast 1/4 of Section 16, Township 23 North, Range 5 East, W.M., King County, Washington. Purpose: Easement "B" The Grantee shall have the right to construct, reconstruct, operate, maintain, and repair an open storm drainage ditch and service road within the above described strip of land. The Grantor and Grantee herein, by accepting and recording this easement mutually covenant and agree to the terms and conditions described in detail in Appendix "A" attached hereto and by this reference made part of this agreement. DATED this llth day of February 1985 r Uri KING COUNTY, WASHINGTON o = 2:.-, r rn r" l BY any Re e e TITLE '=' Y oun y Lxecutive it m >-v 1A At STATE OF WASHINGTON) COUNTY OF KING ) ss / On this day personally appeared before me to me known to be the County Executive of g County, Washington, the person who signed the a o and foregoing instrument for King County for the uses and purposes therein stated and acknowledged to me that he signed the same as the free and voluntary act and deed of King County and that lie was authorized to so sign. p GIVEN under my hand and official seal this a! day o yrJ'q_"a.ee an for the State of Washington residing at ✓.+ < y __ CITY OF RENTON pp� BY Gf\(J Barbara�Y. Shinpoch TITLE Mavor DATE February 8, 1985 ��y LC erk O STATE OF WASHINGTUN) ATTEST it if) COUNTY OF KING ) ss Y On this day personally appeared before me ine Motor �in to me known to be the person:�+ho signed the above an orego�ng nstrument or 00 the uses and purposes therein stated and acknowledged to me that he signed the same as the free and voluntary act and deed of the Representative of City and that he was authorized to so sign. GIVEN under my hand and official seal this 8th day of February , 1985 . NOTAR in an or t e State of 4 ington residing at i APPROVED AS TO FORM & LEGALITY: BY Deputy P7dsei;uting Attorney i DATE APPENDIX "A" Terms and conditions applicable to easements "A" and "B" granted by King County. 1. PERMIT REQUIRED: Before any work is performed under this agreement, Grantee must obtain a right of way construction permit or a special use permit from the Real Property Division. To obtain said permit, Grantee shall submit complete plans and specifications of the proposed project including details of landscaping, and comply with any and all other provisions as more specifically set forth in the permit application. 2. DAMAGES: In the event that any damage of any kind is caused by Grantee in-t�e course of performing any act authorized by this easement, Grantee shall immediately reimburse the damaged party to the full extent necessary to restore said party to the position he would have held absent said damage. 3. ASSESSMENTS: Neither Grantor, nor its property shall be subjected to any charge, assessment or expense arising from, growing out of, or in any way attributable to, the use, occupance, or actions authorized herein, whether within or without the confines of Grantor's property. If Grantor or its property is legally subjected to any such charge, assessment or expense, Grantee shall pay Grantor, as additional compensation for the rights granted in this instrument an amount of money equal to any such charge, assessment or expense paid by the Grantor. 4. HOLD HARMLESS: The Grantee agrees to protect and save King County, its elected—a-rfG a pointed officials and employees while acting within the scope un of their duties as such, harmless from and against all claims, demands and 0 causes of action of any kind or character, including the cost of defense T-4 thereof, arising in favor of the Grantee's employees or third parties on vaccount of personal injuries, death or damage to property arising out of the 4� premises herein or in any way resulting from the acts or omissions of the op Grantee and/or its agents, employees or representatives. 5. HIRING AND EMPLOYMENT: In all hiring or employment made possible or resulting rom tFT1s agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status or the presence of any sensory, mental, or physical handicap, unless based upon a bonafide occupational qualificatign, and this requirement shall apply to but not be limited to the following: employment, advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this agreement on the ground of sex, race, color, creed, national origin, age, except minimum age and retirement provisions, marital status, or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this agreement and shall be grounds for cancellation, termination or suspension in whole or in part of the agreement by the County and may result in ineligibility for further County agreements. 6. RESERVATIONS: Grantor reserves to itself, licensees, lessees, successors an assigns, the right not only to continue to keep and use or operate all other facilities or structures now upon or beneath the surface of, or above, the said described premises, but also the right to install and use or operate other facilities and structures, provided that said installations may be made without substantial interference with the use of the said premises as provided in this instrument. 7. ASSIGNMENT: Neither this easement nor the rights of the Grantee 8. TERMINATION AND ABANDONMENT: If the use of the easement on the premises iT—escrib3-in--Wis indent for the purposes expressed herein shall be abandonded or discontinued, or if the Grantee violates any provision of this instrument, the said easement shall thereupon cease and terminate, and Grantee shall surrender or cause to be surrendered to Grantor, to its successors or assigns, the peaceable possession of the said described premises, and title to the said premises shall remain in Grantor, or its successors or assigns, free and clear of all rights and claims of Grantee. Upon termination of the easement for any reason, Grantee shall remove at his expense all facilities placed on said property by Grantee and restore the premises to a condition which is equivalent in all respects to the condition existing prior to installation of the facilities or to a condition which is satisfactory to Grantor. If Grantee has not accomplished removal and restoration at the end of a ninety day period following the effective date of revocation, termination or abandonment, Grantor may acomplish all of the necessary work and charge all of the costs to Grantee. 9. RESTORATION AFTER INSTALLATION: Following any construction, Grantee shall return the sr property to its original condition by fixing any damage Grantee's construction caused to Grantor's property, including but not limited to property damage to slopes, shrubbery, landscaping, fencing, roadway or structures. 10. EMERGENCY SITUATIONS: In the event of an emergency, Grantee shall take imme iat3r a steps to perform any necessary repairs, and in the event Grantee fails so to do, Grantor may perform said necessary repairs at the sole cost and expense of Grantee. V) 11. OTHER APPLICABLE LAWS: Grantee shall comply with all federal, state uj and local laws, and assume all cost and expense and responsibility in connection therewith, without any liability whatsoever on the part of Grantor. v� LO co Special terms and conditions: 1. The final design of the Sunnydale Mobile Home Park detention facility has been approved for a maximum five (5) year release rate equal to 0.764 cubic feet per second and a twenty-five (25) year storm detention volume equal to 45,916.0 cubic feet. Any increase in discharge rate shall require prior approval by the King County Department of Public Works. 2. The improving and upgrading of the drainage ditch for the purpose of enhancing storm water runoff shall be completed by the City of Renton within four (4) years of the acquisition of the necessary rights in land owned by the Estate of Anna McMahon referred to in special use permit #FS-122-83. INTEROFFICE CORRESPONDENCE Date TO; 1,fAll Fr`r.)nrl_Y `iivisi�nl, Kincl COLVItY FROM: Maxine E. Motor, City Clerk SUBJECT: St�)rri Dr-1hci7e I I i it ------------------------------------------------------------------------------- We return herewith fully executed document(s), as above- captioned, copy of which we have retained for our official public records. Copies should be forwarded to and the other for your file. Pursuant to your memo of we return herewith document(s), as above-captioned, which have been signed by City Officials and need to be forwarded for further execution by , We return herewith recorded document(s), as above-captioned, copy of which we have retained for our official public records. Copies should be forwarded to appropriate parties and retained as necessary for your files. Please file a fully PY executed co with the City Clerk's office for our permanent records when received. Thank you. MEM:db cc: P.0 f1C�ST�Zo/G( b.i-ti-141 4 15,67 D STORM DRAINAGE EASEMENT RECD F .0A 55 This agreement made this llth day of February 19 85 , by and between King County, a po itica su division of the Stat WasFington, hereinafter termed the Grantor, and the City of Renton , hereinafter termed the Grantee. WITNESSETH: That for and in consideration of mutual benefits, the Grantor herein does by these presents grant unto the Grantee, its successors and assigns, easements and right of way over, through, under, across and upon the following described property, situated in King County, Washington, to wit: EASEMENT "A" That portion of the Northwest 1/4 of the Southeast 1/4 of Section 16, Township 23 North, Range 5 East, W.M., King County, Washington, being a strip of land 15 feet in width having 7.50 feet on each side of the centerline described as follows: COMMENCING at the Southeast corner of said subdivision; thence N 1°04'23" E along the East line thereof 170.21 feet to the POINT OF BEGINNING of said easement and centerline; thence S 55°41'00" W 50.00 feet; thence S 78000'00" W 87.00 feet; thence N 80°00'00" W 150.00 feet; thence S 67040'00" W 195.00 feet; thence S 53°37'48" W 112.05 feet; to the South line of said subdivision and the terminus of said centerline. i` Purpose: Easement "A" The Grantee shall have the right to construct, C) reconstruct, operate, maintain, and repair its storm drainage pipe line b7 with necessary appurtenances over, under and upon the above described strip of land. �n EASEMENT "B" OD That portion of the Northwest 1/4 of the Southeast 1/4 of Section 16, Township 23 North, Range 5 East, W.M., King County, Washington, being a strip of land 40 feet in width described as follows: The South 40.00 feet of the West 800.00 feet of the Northwest 1/4 of the Southeast 1/4 of Section 16, Township 23 North, Range 5 East, W.M., King County, Washington. P__u__r__ppo��s__e�:__� Easement "B" The Grantee shall have the right to construct, reconsruct, operate, maintain, and repair an open storm drainage ditch and service road within the above described strip of land. The Grantor and Grantee herein, by accepting and recording this easement mutually covenant and agree to the terms and conditions described in detail in Appendix "A" attached hereto and by this reference made part of this agreement. DATED this lltl, day of February , 1985 . i.n N KING COUNTY, WASHINGTON BY r� any 116telle lu to w TITLE v = CD,C County Lxecutive w STATE OF WASHINGTON) COUNTY OF KING ) ss / On this day personally appeared before me to me known to be the(cry County Executive of g County, Washington, the person who signed the a o and foregoing instrument for King County for the uses and purposes therein stated and acknowledged to me that he signed the same as the free and voluntary act and deed of King County and that he was authorized to so sign. p GIVEN under my hand and official seal this a/ zz day o 49 ACAAf , 4*;Uag:1�G I h an or -ie State of Washington residing at .2)c4- v".4 � l� CITY OF RENTON BY ( 6J\(J 4 ocP� Barbara Y. Shinpoch TITLE Mayor DATE February 8, 1985 Ul) STATE OF WASHINGTUN) ATTEST COUNTY OF KING ) ss ity C perk P2 On this day personally appeared before me ine Motor Uy to me known to be the person:-vho signed the above an orego ng Tnstrument tor 00 the uses and purposes therein stated and acknowledged to me that he signed the same as the free and voluntary act and deed of the Representative of City and that he was authorized to so sign. GIVEN under my hand and official seal this Bth day of Feb.�ruuar , 1985 . .���j✓ tiNOTAR i n and the '. State of in residing at �Gr✓T APPROVED AS TO FORM & LE LITY: BY Deputy Pgose'U ng torney DATE APPENDIX "A" Terms and conditions applicable to easements "A" and "B" granted by King County. 1. PERMIT REQUIRED: Before any work is performed under this agreement, Grantee must oTtaain right of way construction permit or a special use permit from the Real Property Division. To obtain said permit, Grantee shall submit complete plans and specifications of the proposed project including details of landscaping, and comply with any and all other provisions as more specifically set forth in the permit application. 2. DAMAGES: In the event that any damage of any kind is caused by Grantee in�he course of performing any act authorized by this easement, Grantee shall immediately reimburse the damaged party to the full extent necessary to restore said party to the position he would have held absent said damage. 3. ASSESSMENTS: Neither Grantor, nor its property shall be subjected to any charge, assessment or expense arising from, growing out of, or in any way attributable to, the use, occupance, or actions authorized herein, whether within or without the confines of Grantor's property. If Grantor or its property is legally subjected to any such charge, assessment or expense, Grantee shall pay Grantor, as additional compensation for the rights granted in this instrument an amount of money equal to any such charge, assessment or expense paid by the Grantor. 4. HOLD HARMLESS: The Grantee agrees to protect and save King County, its elected an appointed appointed officials and employees while acting within the scope N of their duties as such, harmless from and against all claims, demands and causes of action of any kind or character, including the cost of defense u� T-4 thereof, arising in favor of the Grantee's employees or third parties on C4account of personal injuries, death or damage to property arising out of the premises herein or in any way resulting from the acts or omissions of the Gp Grantee and/or its agents, employees or representatives. 5. HIRING AND EMPLOYMENT: In all hiring or employment made possible or resulting-Fr tFiis agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status or the presence of any sensory, mental, or physical handicap, unless based upon a bonafide occupational qualificatign, and this requirement shall apply to but not be limited to the following: employment, advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this agreement on the ground of sex, race, color, creed, national origin, age, except minimum age and retirement provisions, marital status, or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this agreement and shall be grounds for cancellation, termination or suspension in whole or in part of the agreement by the County and may result in ineligibility for further County agreements. 6. RESERVATIONS: Grantor reserves to itself, licensees, lessees, successors and assigns, the right not only to continue to keep and use or operate all other facilities or structures now upon or beneath the surface of, or above, the said described premises, but also the right to install and use or operate other facilities and structures, provided that said installations may be made without substantial interference with the use of the said premises as provided in this instrument. 7. ASSIGNMENT: Neither this easement nor the rights of the Grantee 8. TERMINATION AND ABANDONMENT: If the use of the easement on the premises escr�n-Tiffs ins rument for the purposes expressed herein shall be abandonded or discontinued, or if the Grantee violates any provision of this instrument, the said easement shall thereupon cease and terminate, and Grantee shall surrender or cause to be surrendered to Grantor, to its successors or assigns, the peaceable possession of the said described premises, and title to the said premises shall remain in Grantor, or its successors or assigns, free and clear of all rights and claims of Grantee. Upon termination of the easement for any reason, Grantee shall remove at his expense all facilities placed on said property by Grantee and restore the premises to a condition which is equivalent in all respects to the condition existing prior to installation of the facilities or to a condition which is satisfactory to Grantor. If Grantee has not accomplished removal and restoration at the end of a ninety day period following the effective date of revocation, termination or abandonment, Grantor may acomplish all of the necessary work and charge all of the costs to Grantee. 9. RESTORATION AFTER INSTALLATION: Following any construction, Grantee shall return the'lGranto s property to its original condition by fixing any damage Grantee's construction caused to Grantor's property, including but not limited to property damage to slopes, shrubbery, landscaping, fencing, roadway or structures. 10. EMERGENCY SITUATIONS: In the event of an emergency, Grantee shall take imme iat�e steps term any necessary repairs, and in the event Grantee fails so to do, Grantor may perform said necessary repairs at the sole cost and expense of Grantee. 11. OTHER APPLICABLE LAWS: Grantee shall comply with all federal, state Lo and local laws, and assume all cost and expense and responsibility in H connection therewith, without any liability whatsoever on the part of Grantor. IQ J 4 00 Special terms and conditions: 1. The final design of the Sunnydale Mobile Home Park detention facility has been approved for a maximum five (5) year release rate equal to 0.764 cubic feet per second and a twenty-five (25) year storm detention volume equal to 45,916.0 cubic feet. Any increase in discharge rate shall require prior approval by the King County Department of Public Works. 2. The improving and upgrading of the drainage ditch for the purpose of enhancing storm water runoff shall be completed by the City of Renton within four (4) years of the acquisition of the necessary rights in land owned by the Estate of Anna McMahon referred to in special use permit #FS-122-83. CITY OF RENTUN King County Executive Randy Revelle Department of Executive Administration Lauraine D.Brekke,Director January 31, 1985 Mr. Richard C. Houghton, Director City of Renton Department of Public Works 200 Mill Avenue South Renton, Washington 98055 RE: Storm Drainage Easement Request Oakhurst Development Our File No. 83-8-141 Dear Mr. Houghton: Please have the enclosed easement signed and then return to this office for final recording. When the easement has been recorded, we will return the original for your records. Sincerely, For CHRIS J. LOUTSIS Real Property Manager y� B GERAL �Utilities A ITT Franchise Section CJL:GJL:jhv Enclosure 3 8/85 Enclosed is the original recorded Easement in the above captioned case. Real Property Division 500A King County ldministration Building 500 Fourth Avenue Seattle,Washington 98104 12061344-3970 INTEROFFICE CORRESPONDENCE Date T0: FROM. Maxine E. Motor, City Clerk SUBJECT: / ,1 ------------------------------------------------------------------------------- We return herewith fully executed document(s), as above- captioned, copy of which we have retained for our official public records. Copies should be forwarded to and the other for your file. Pursuant to your memo of we return herewith document(s), as above-captioned, which have been signed by City Officials and need to be forwarded for further execution by We return herewith recorded document(s), as above-captioned, copy of which we have retained for our official public records. Copies should be forwarded to appropriate parties and retained as necessary for your files. Please file a fully executed copy with the City Clerk's office for our permanent records when received. Thank you./ MEM:db cc: RECEIVED PUCITY OF RENTON DEPT.IC WORKS King County Executive Randy Revelle Department of Executive Administration Lauraine D.Brekke,Director January 31, 1985 Mr. Richard C. Houghton, Director V) City of Renton FEB Department of Public Works Z� 200 Mill Avenue South CITY OF Fit,,,UN Renton, Washington 98055 - _..W`iYOR"S OFFICE 1n RE: Storm Drainage Easement Request k> Oakhurst Development Our File No. 83-8-141 Dear Mr. Houghton: Please have the enclosed easement signed and then return to this office for final recording. When the easement has been recorded, we will return the original for your records. Sincerely, For CHRIS J. LOUTSIS Real Property Manager 13 GERALZI J L `VITT Franchise Utilities Section CJL:GJL:jhv Enclosure Real Property Division 500A King county \dministration Building 500 Fourth Avenue Seattle,Washington 98104 (20 6)344-3 9 70 . _ I FREDERICK V BETTS LAW OFFICES PETER 0. BALCH JOHN P BRAISLIN P.S. ROBERT M COHON TRACY L BROWN BETTS, PA17ERSON & MINES, MARTIN T. COLLIER PAUL D CAREY MEREDITH A COPELAND LIAM P FITE CA THE FINANCIAL CENTER CHARLES W. DAVIS CARL H HAGENS ELSA R DURHAM INGRID W HANSEN 1215 FOURTH AVENUE FRANCIS S FLOYD BRUCE H HURST STEVEN GOLDSTEIN S THOMAS MAGNUSON SEATTLE, WASHINGTON 981 61-1 090 JEFFREY C. GRANT MICHAEL MINES DAVID L HENNINGS JOHN C PATTERSON (206) 292-9988 KENNETH S McEWAN DALE RIVELAND TELECOPIER: 1206) 343-7053 JAMES D NELSON CHRISTOPHER W TOMPKINS KIM C. PFLUEGER LIVINGSTON WERNECKE DOROTHY B. RICHARDSON JAMES P. SOLIMANO June 18 , 1984 W R McKELVY(1972) F. B FITE(1969) City or Rzrtcr, y1 Robert E. Bergstrom P (_r�'-' Engineering Supervisor Engineering Department City of Renton 200 Mill Avenue South �JUN 1 g 1986 Renton , Washington 98055 Re: McMahon/City Drainage and Maintenance Agreement Dear Bob: Enclosed herewith you will find a fully executed original of the Drainage and Maintenance Agreement, which our client has authorized to be delivered to you. The new page 2 has been initialed and made a part of the agreement. In your letter of May 17 , 1984 , you referred to the request of King County Public Works that the alignment of the off site drainage ditch be modified slightly to jog on to the McMahon property. To accommodate this change , you added a 30-foot strip to the legal description set forth on page two of the agreement. Based upon your explanation of the County ' s requirements and our visit to the site on June 15 , 1984 , our client has approved the request. Our primary concern was that the realignment of the drainage ditch onto the McMahon property would not impair the future development of that parcel . You indicated that there would be no difficulty constructing a drainage pipe as \ opposed to a ditch , or paving over the area, so long as access 1, to the drain was maintained to enable the City to perform its maintenance function. This arrangement is satisfactory to our ) client . As far as we know, this concludes the matter of the Drainage Maintenance Agreement. We would very much appreciate it if you would advise the Issaquah office of the Department of Natural Resources that the agreement has been concluded , and --hat he City will be perfot_ming the maintenance in 'L.he Robert E. Bergstrom -2- June 18 , 1984 future . The Department had expressed some concern about the drainage problem in the area behind Mrs . McMahon ' s former residence , and it would be helpful to us if you would advise the Department that the situation is now under control . Most sincerely , Jdh P. in JPB : jsk Encl . cc : Thomas F. McMahon DRAINAGE AND MAINTENANCE AGREEMENT 4 i.. THIS AGREEMENT made and entered into this day of �� � , 1984, by and between THOMAS F. McMAHON, Personal Representative of the Estate of John C. Edwards and the Estate of Anna G. McMahon, Deceased, and Rainier Sand and Gravel , Inc. , a Washington corporation, (hereinafter referred to collectively as "Grantor") , and THE CITY OF RENTON, a municipal corporation, (hereinafter referred to as "Grantee") . W I T N E S S E T H: WHEREAS , Grantor is the owner of certain real property in the City of Renton, and more particularly described herein, upon which is located a temporary storm drainage system for the purpose of draining surface water from surrounding property; and WHEREAS, The City of Renton is desirous of obtaining a right of entry onto Grantor ' s property for the purpose of maintaining , operating , repairing and replacing said drainage system; and WHEREAS , Grantor is willing to grant the City of Renton a right of entry upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained , the parties agree as follows : 1. Grantor , by this agreement, does hereby grant to Grantee a right of access over , through, across and upon the real property hereinafter described, for the purpose of maintaining , operating, repairing, altering , replacing , or reconstructing an existing storm drainage system with all necessary appurtenances. Said property is located in the City 1 of Renton, King County, Washington, and is more particularly described as follows : A parcel of land situate in the SW 1/4 of Section 16 , Township 23 N, Range 5 E , more particularly described as follows : The S. 150 . 00 ' of the NE 1/4 of the SW 1/4 of Section 16, Township 23 N, Range 5 E, W.M. , King County, Washington. TOGETHER with the S 150 . 00 ' of the E 440 . 00 ' of Govern- ment Lot 1 , Section 16 , Township 23 N, Range 5 E, W.M. , King County, Washington. TOGETHER with the N 70 . 00 ' of the E 440 . 00 ' of Govern- ment Lot 2 , Section 16, Township 23 N, Range 5 E, W.M. , King County, Washington, less SR-169 . TOGETHER with the east 350 . 00 feet of the west 850 . 00 feet of the north 30 feet of the SW 1/4 of the SE 1/4 of Section 16, Township 23 N. , Range 5 E , Willamette Meridian, King County, Washington. 2 . In consideration for the right of access herein granted, Grantee agrees , at its own cost and expense , to operate , maintain, repair, alter, replace and reconstruct the said storm drainage system, and do all things necessary to keep said drainage system open and properly functioning at all times . This includes , without limitation, the cleaning of the drainage ditch, the maintenance of pipes and culverts , and removal of silt from the ditch and siltation ponds as may be reasonably required from time to time . 3 . Grantee shall have the right, without prior institution of any suit or proceedings at law, at such times as may be necessary, to enter upon said property for the pur- pose of operating, maintaining, repairing, altering, replacing or reconstructing said storm drainage system or making any connections therewith, without incurring any legal obligation or liability on account of such entry, provided, however, that suc;i entry and all work performed pursuant to this agreement shall be accomplished in a workmanlike manner, and in a way which will not disturb , damage or destroy the improvements on the property. In the event any of the improvements are disturbed, damaged or destroy:Dd, Granter; agrees to immediately �. T F restore the same to the condition such improvements were in prior to Grantee ' s entry upon the property. 4 . Grantee shall provide reasonable notice to Grantor prior to entering the property or performing work thereon. Grantee agrees to keep the property free of liens or encumbrances arising out of any of the work performed on the property pursuant to this agreement. Grantee further agrees to indemnify and hold harmless Grantor from and against any and all liability, claims, demands , actions or causes of action whatsoever , for personal injury, property damage or otherwise , arising out of or in any way relating to any of the work performed by Grantee pursuant to this agreement. �*�w - -- 5. Grantor shall retain the right to use the surface of the drainage ditch, so long as said use does not interfere wit storm drainage and so long as no permanent buildings or structures are erected on or .over---s_ai,d _drainage _ditch. - 6. Grantor and Grantee acknowledge that the existing drainage system located on Grantor ' s property is a temporary system which may be substantially altered or eliminated entirely at such time as the subject property is developed . Nothing herein contained shall be construed nor is intended to be construed as in any way preventing or precluding Grantor from developing the subject property, provided the existing drainage system is maintained, a suitable replacement drainage system is constructed, or surface water drainage is otherwise adequately provided for in a manner consistent with applicable state and local laws and ordinances. 7 . This agreement shall be binding upon and the benefits thereof shall inure to the parties, their heirs, successors , assigns and personas representatives. 3 r IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. GRANTOR: ESTATE OF JOHN C. EDWARDS By nonn/WSJ r M, _rnE Thomas F. McMahon, Administrator ESTATE OF ANNA G. McMAHON By .y-rin n 1 j + J !_1 GJ2- Thomas F. McMahon, Executor RAINIER SAND AND GRAVEL, INC. Its President GRANTEE: THE CITY OF RENTON i By cc-C_ L STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this , C, day of ',� � �, 1984, before me personally appeared THOMA F. McMAHON, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal the day and year first above written. NOTARY P08LrC a d for the tat of Washingto�f, residing at <� STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this _ - C _ _ day of before me , the undersigned, a Notary Public ' n and for the State of Washington, duly commissioned and sworn, personally appeared THOMAS F . McMAHON and � to me known to be 4 the President and , respectively, of RAINIER SAND AND GRAVEL, INC. , the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned , and on oath stated that authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC%h an-d for the State of Washington, residing at 5 air City of Seattle '�� Paul Schell, Mayor Seattle City Light Gary Zarker, Superintendent August 3, 2000 RECEIVED AUG - 4 2WO Allen Quynn,Project Manager CITY OF RENTON Surface Water Utility UTILITY SYSTEMS 1055 South Grady Way Renton,Washington 98055 Dear Mir. Quynn: Consent P.M.# 230516-4-001A - City of Renton Sunnydale Downstream Storm Drainage System The City of Seattle, City Light Department has reviewed and consents to your request for the required improvement of the existing City of Renton Sunnydale Downstream Storm Drainage System, over the following described property: That portion of Seattle City Light's Bothell-Maple Valley Transmission line, which lies between Transmission Line Towers B 26/2 S and B26/14 S and the consent area is more particularly described as follows: That portion of the Southeast'/a of Section 16,Township 23 North,Range 5 East of W.M.,in King County, Washington,being a strip of land 15 in width having 7.50 feet of such side of the centerline described as follows: Commencing at the center of said subdivision; thence North 1'04'11' East along the East line thereof 165.61 feet to the point of beginning hereinafter Point"A" of said consent area and centerline; thence South 53°33'42.7"West a distance of 41.40 feet; thence South 70°21'47.9" West a distance of 77 feet more or less to the Westerly boundary of said consent area which is coincidental with the Westerly boundary of the existing Seattle City Light easement. Also that portion described as follows: Commencing at said Point"A"; thence North 53°33'42.7"East a distance of 106.00 feet more or less; thence North 90°00'00"East a distance of 20 feet tot he Easterly boundary of easement which is coincidental with the Easterly boundary of existing Seattle City Light easement. 700 Fifth Avenue,Suite 3300,Seattle,WA 98104-5031 Tel:(206)684-3000,TDD:(206)684-3225,Fax:(206)625-3709 An equal employment opportunity,affirmative action employer.Accommodations for people with disabilities provided upon request. 0 40�)- This consent is conditioned upon and subject to all of the terms and condition as set forth within Seattle City Lights existing transmission line easement and additionally upon: Contacting Mr. Arvid Stendal, (206-979-3824) Seattle City Light Vegetation Management & Right of Way maintenance representative arraigning for a Pre-Construction conference prior to any initial commencement of any work to be preformed within the Seattle City Light Right of Way easement.. The of City of Renton's above described use of the easement area has been determined not to be a hazard to or interfere with the City of Seattle's present use of this easement for electric transmission line purposes. Accordingly,there is no objection to such use, subject to the condition, however,that if such use should at any time become a hazard to the presently installed electrical facilities of the City of Seattle, or any faciiities added or constructed in the future,or should such use interfere with the inspection,maintenance, or repair of the same, or with the access along such easement,you will be required to remove or relocate such hazard or interference at your own expense. The City of Renton will have to assume all risk of loss, damage or injury, which may result from your use of the easement area,except for such loss, damage, or injury as the City of Seattle may be responsible for as provided by law. It is understood that any damage to the City of Seattle's property,caused by or resulting from your use of the easement tract may be repaired by the City of Seattle and the actual cost of such repair shall be charged against and be paid by you. It is understood that any rights granted you hereunder are subject to existing rights,if any, of other parties. In consenting to the use of the right-of-way for this purpose,the City of Seattle does not waive or subordinate any of the rights and privileges granted to the City by easements for transmission line purposes. Sincere Stephen E. Hagen, Manager Real Estate Services 700 Fifth Avenue,Suite 3300,Seattle,WA 98104-5031 Tel:(206)625-3000,TTY/1'DD:(206)684-3225,Fax:(206)625-3709 An equal employment opportunity,affirmative action employer.Accommodations for people with disabilities provided upon request. KING COUNTY Department of Construction and Facilities Management Property Services Division 500 King County Administration Building 500 Fourth Avenue Seattle, WA 98104 (206) 296-7456 FAX 296-0196 UTILITY USE PERMIT Use of County Owned Property PERMIT NUMBER: U-34-01 FILE NO. DATE: 06/19/2001 PERMITTEE: CITY OF RENTON, ALLEN QUYNN, PROJECT MANAGER 1055 SOUTH GRADY WAY RENTON, WA 98055- DAY PHONE:425-430-7247 OTHER/FAX PHONE: PURPOSE: TO INSTALL, OPERATE AND MAINTAIN DRAINAGE UTILITY IMPROVEMENTS ASSOCIATED WITH REALIGNMENT OF THE IMPROVEMENT AND UTILITY EASEMENT IN WHICH KING COUNTY CONVEYED TO THE CITY OF RENTON UNDER AF# 8502150567 LEGAL DESCRIPTION 1/4 Sec Twp Rge Account No. Kroll Page SE 16 23 05 9003 370E KING COUNTY DEPARTMENT OF TRANSPORTATION RENTON HIGHLANDS SITE 155 MONROE AVENUE NE ALONG THE SOUTHERN BOUNDARY OF THE PROPERTY (SEE LOCATION PLANS DATED 6/19/01) 1 1 1 � I EXPIRATION: This permit shall not be valid for more than 5 YEARS and expires on the loth day of JUNE 2007 PERMIT FEE: $ 75 .00 INSPECTION FEE: $ 0.00 ADMINISTRATIVE FEE: $ 0 .00 PLAN REVIEW FEE: $ 0 .00 LAND USE FEE: $ 0 .00 OTHER FEE: $ 0.00 BOND AMOUNT: $ 0.00 INSURANCE AMOUNT: $ 1, 000, 000 .00 Permittee MUST notify pff%, AT: AT LEAST 72 HOURS PRIOR TO BEGINNING WORK AND IMMEDIATELY UPON COMPLETION. By this permit King County authorizes the use of the above described property: Custodial Approval SIGNATURE VIA FAX Date 6/7/02 Property Services Approval � ,�.,.-.,\ //j� Date 4. JE F�- The Permittee agrees to comply with the terms and conditions contained herein. SEE REVERSE SIDE FOR TERMS AND CONDITIONS.-- Signature of Permittee ;' Date 61 74 0 L nTOTl- : Permit not valid without �- 1 necessary signatures and expiration date. Ordinance 4099, King County Code 14 .46 TERMS AND CONDITIONS 1. PERMIT REVOCATION:This Permit is revocable at any time by King County. The right to revoke is expressly reserved to King County. 2. INDEMNITY AND HOLD HARMLESS. The Permittee agrees to indemnify and hold harmless King County as provided herein to the maximum extent possible under law. Accordingly, the Permittee agrees for itself, its successors and assigns to defend, indemnify, and hold harmless King County, its appointed and elected officials, and employees from and against liability for all claims, demands, suits, and judgments including costs of defense thereof for injury to persons, death,or property damage which is caused by, arises out of, or is incidental to Permittee's exercise of rights and privileges granted by this Permit. The Permittee's obligation under this section shall include: a) Indemnification for such claims whether or not they arise from the sole negligence of either the County or the Permittee, the concurrent negligence of both parties, or the negligence of one or more third parties. b) The duty to promptly accept tender of defense and provide defense to the County at the Permittee's own expense. c) Indemnification of claims made by the Permittee's own employees or agents. d)Waiver of the Permittee's immunity under the industrial insurance provisions of Title 51 RCW,which waiver has been mutually negotiated by the parties. In the event it is necessary for the County to incur attorney's fees, legal expenses,or other costs to enforce the provisions of this section, all such fees,expenses, and costs shall be recoverable from the Permittee. In the event it is determined that RCW 4.24.115 applies to this agreement, the Permittee agrees to defend, hold harmless, and indemnify King County to the maximum extent permitted thereunder, and specifically for its negligence concurrent with that of King County to the full extent of Permittee's negligence. Permittee agrees to defend, indemnify, and hold harmless the County for claims by Permittee's employees and agrees to waiver of its immunity under Title 51 RCW,which waiver has bE;en mutually negotiated by the parties. 3. ANTI-DISCRIMINATION: In all hiring or employment made possible or resulting from this Permit,there shall be no discrimination against any employee or applicant for employment because of race, color, ancestry, religion, national origin, age, sex, sexual orientation, marital status, or the presence of any sensory, mental or physical handicap in an otherwise qualified handicapped person unless based upon a bona fide occupational qualification, and this requirement shall apply to but not be limited to the following: employment, advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship. No person shall be denied, or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Permit on the grounds of race, color, ancestry, religion, national origin, age (except minimum age and retirement provisions), sex, sexual orientation, marital status, parental status, the presence of any sensory, mental or physical handicap, or the use of a trained guide-dog by a blind or deaf person. Any violation of this provision shall be considered a violation of a material provision of this Permit and shall be grounds for cancellation,termination or suspension in whole or in part of the Permit by the County, and may result in ineligibility for further County permits. 4. NON-EXCLUSIVE RIGHT: This Permit shall not be deemed or construed to be an exclusive right. It does not prohibit the County from granting any other permits to other public or private entities, nor shall it prevent the County from using any public place for any and all public use or affect its jurisdiction over any part of them. 5. ASSESSMENTS: Permittee shall be required to pay any general or special assessments incurred by King County which are directly attributable to or arising from any actions,occupancy,or usage authorized herein. 6. TERMINATION: The Permittee may terminate the Permit by written notice to the Manager of Property Services Division. Upon revocation, termination, or abandonment, the Permittee shall remove at his expense all facilities placed on said property by the Permittee, and restore the premises to a condition which is equivalent in all respects to the condition existing prior to installation of the facilities, or to a condition which is satisfactory to the County. If the Permittee has not accomplished removal and restoration at the end of a ninety-day period following the effective date of revocation, termination, expiration, or abandonment, the County may accomplish aI: of the necessary work and charge all of the costs to the Permittee. 7. RESTORATION: After completion of work authorized by this Permit, the Permittee shall restore the property to a condition which is equivalent in all respects to the condition of the property prior to starting work, or a condition satisfactory to King County. If the Permittee delays the restoration beyond expiration of the Permit,the County may accomplish all the necessary work and charge all the costs to the Permittee. 8. REPAIRING DAMAGE BY PERMITTEE: In the event that damage of any kind is caused by the Permittee in the course of performing work authorized by this Permit, Permittee will repair said damage at its sole cost and expense. Repair work shall begin without delay and continue without interruption until completed. If damage is extensive, the time allowed for repair will be prescribed by the County agent. If the County determines it is necessary,the County may accomplish the work and charge all the costs to the Permittee. 9. ABATEMENT OF UNSAFE CONDITIONS: The County representative may at any time, do, order, or have done all work considered necessary to restore to a safe condition any area described in Permit left by the Permittee in a condition dangerous to life or property. The Permittee shall pay, upon demand, to the County all costs of such work, materials, etc. Nothing in this section shall relieve the Permittee of duties under Terms and Conditions No.2 above. 10. RIGHTS RESERVED TO COUNTY- CONFORMANCE AND PAYMENT OF COST REQUIRED: The County reserves the right to use, occupy, and enjoy its property for such purposes as it shall desire including, but not limited to, constructing or installing structures and facilities on the property, or developing, improving, repairing or altering the property. The Permittee, upon written notice, will at his own cost and expense remove, repair, relocate, change or reconstruct such installations to conform with the plans of work contemplated or ordered by the County according to a time schedule contained in the written notice. 11. _NOTICE: Permittee agrees to obtain information from other utility operators regarding the location and current status of their installations before starting work. Property owners adjoining, or in proximity to, the project Lis described herein shall be nuiitied by rerrniti&e when such. property is exposed to the possibility of injury or damage through performance of work on the project authorized by this Permit. Permittee shall make all advance arrangements necessary to protect such property or utility from injury or damage. 12. OTHER APPLICABLE LAWS: Issuance of this Permit does not in any way relieve the Permittee from complying with any other applicable laws in performing the work subject to this Permit. 13. RE-ENTRY: After completion of work authorized by this Permit, if the Permittee desires to re-enter upon the property described herein for any reconstruction, notice shall be provided in advance to King County together with the plans and specifications for the work proposed, and shall not be permitted without the County's consent. 14. TITLE: This Permit grants only the right to use King County's interest in the herein described property, and the granting of this Permit is not a warranty that good title to any specific property is vested in King County. 15. SPECIAL TERMS AND CONDITIONS: (SEE ATTACHED SHEET(S) termsMon.frm 05/94 CITY OF RENTON SPECIAL USE PERMIT U-34-01 15. SPECIAL TERMS AND CONDITIONS: a. The permittee shall remove the existing pipeline and restore the impacted property of its original or better condition or to the satisfaction of the Department of Transportation representatives. b. Prior to the beginning of work,the permittee shall obtain all the appropriate permits from the City of Renton and/or any other State or Federal agencies with permit jurisdiction over this property. c. The permittee shall be responsible for the removal and disposal of all debris and materials immediately upon completion. d. The permittee shall be responsible for the repair and/or replacement of any surface or subsurface utilities damages as a result of the activities authorized under the terms and conditions of this permit. e. Thepermittee's work shall not interfere with the operation of the Department of Transportation operation and facilities while performing the work. f. The Department may set additional terms as unforeseen conditions may warrant. CITY OF RENTON SPECIAL USE PERMIT U-34-01 15g. INSURANCE CONTINUED: 4. Other Insurance Provisions The insurance policies required in this permit are to contain, or be endorsed to contain the following provisions a. General Liability Policy: 1. The County, its officers, officials, employees and agents are to be covered as insured as respects liability arising out of activities performed by or on behalf of the permittee in connection with this permit. 2. To the extent of the permittee's negligence,the permittee's insurance coverage shall be primary insurance as respects the County, its officers, officials, employees and agents. Any insurance and/or self-insurance maintained by the County, its officers, officials, employees or agents should not contribute with the permittee's insurance or benefit the permittee in any way. 3. The permittee's insurance shall apply separately to each insured against whom a claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability. b. All Policies: Coverage shall not be suspended,voided, cancelled, reduced in coverage or in limits prior to the expiration date of this special use permit, unless forty-five(45) days prior notice,return receipt requested,has been given to the County. 5. Acceptability of Insurers Unless otherwise approved by the County, insurance is to be placed with insurers with a Bests'rating of no less than A: VIII, or, if not rated with Bests',with minimum surpluses the equivalent of Bests' surplus size VIII. If at any time the foregoing policies shall be or become unsatisfactory to the County, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the County, the permittee shall,upon notice to that effect from the County,promptly obtain a new policy, and shall submit the same to the County,with the appropriate certificates and endorsements, for approval. 6. Verification of Coverage The permittee shall furnish the King County Real Property Division with certificates of insurance and endorsements required by this permit. The certificates and endorsements for each insurance policy is to be signed by a person authorized by that insurer to bind coverage on its behalf. The Certificates and Endorsements for each insurance policy are to be on forms approved by the County, and are to be received and approved by the County prior to the issuance of the permit. The County reserves the right to require complete, certified copies of all required insurance policies at any time. 7. Municipal or State Agency Provision If the Contractor is a Municipal Corporation or an agency of the State of Washington and is self-insured for any of the above insurance requirements, a certification of self-insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this section. CITY OF RENTON SPECIAL USE PERMIT U-34-01 15g. INSURANCE: By the date of issuance of this permit, the permittee shall procure and maintain, for the duration of this permit, insurance or coverage against claims for injuries to persons or damages to property which may arise from and in connection with the performance of work hereunder by the permittee, his agents, representatives, employees and/or subcontractors. Evidence of prior-approved self-insurance shall be deemed as compliance with the insurance coverage required by this permit. For All Coverages: The cost of such insurance shall be paid by the permittee. Each insurance policy shall be written on an "Occurrence Form." 1. Minimum Scope of Insurance Coverage shall be at least as broad as: General Liability: Insurance Services Office form number GL 0002 (Ed. 1-73) covering COMPREHENSIVE GENERAL LIABILITY and Insurance Services Office form number GL 0404 (Ed. 5-81) covering BROAD FORM COMPREHENSIVE GENERAL LIABILITY ENDORSEMENT; -or- Insurance Services Office form number CG 0001 (Ed. 11-88) covering COMMERCIAL GENERAL LIABILITY. 2. Minimum Limits of Insurance General Liability: The permittee shall maintain limits no less than $1,000,000.00 combined single limit per occurrence for bodily injury,personal injury and property damage. 3. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to, and approved by,the County. At the option of the County, the insured shall instruct the insurer to reduce or eliminate such deductibles or self-insured retentions as respects the County, its officers, officials and employees. The deductible and/or self-insured retention of the policies shall not limit or apply to the permittee's liability to the County and shall be the sole responsibility of the permittee. FILED FOR RECORD AT REQUEST 20020606001908 AFTER RECORDING RETURN TO: KING-COUNTY GO EAS 0.00 PAGE 001 OF 006 King County Property Services Division 06/06/2002 COUNTY, WA 500 Fourth Avenue, Room 500A KING Seattle, WA 98104 Reference No: P-5-2001 Grantor: KING COUNTY Grantee: CITY OF RENTON Legal Des: SEJ 16-23-06 Tax ID No: 1623069029 STORM DRAINAGE EASEMENT This agreement made this day of , 2002, by and between King County, a political subdivision of the State of Wa ington, hereinafter termed the Grantor, and the City of Renton, hereinafter termed the Grantee. WITNESSETH: That for and in consideration of mutual benefits, the Grantor herein does by these presents grant unto the Grantee, its successors and assigns, easements and right of way over, through, under across and upon the following described property, situated in King County, Washington, to wit: EASEMENT"A" This easement amends the previously executed easement dated February 11, 1985 recorded under King County recording#8502150567. The amended easement is described as follows: That portion of the NW 1/4 of the SE '/4 of Section 16,Township 23 N,Range 5 E, W.M., King County Washington,being a strip of land 15 feet in width having 7.50 feet on each side of the centerline describer as follows: Commencing at the Southeast corner of said subdivision; thence North 1° 04' 11" E along the East line thereof 165.61 feet to the point of beginning of said easement and centerline; thence S 53' 33' 42.7"W a distance of 41.40 feet; thence S 70' 21' 47.9"W a distance of 117.28 feet; thence S 80' 16' 25.1"W a distance of 123.56 feet; thence S 64' 47' 18" W a distance of 110.37 feet; thence S 72' 39' 8.5" W a distance of 85.14 feet; to UTILITY EASEMENT Page 2 of 6 the South line of said subdivision and the terminus of said centerline. The sidelines of this easement'shall be lengthened or shortened to meet the parcel boundaries. Together with that portion of the Northwest '/4 of the Southeast '/4 of Section 16, Township 23 N, Range 5 E, W.M., King County, Washington, being a strip of land 40 feet in width described as follows: The South 40.00 feet of the West 800.00 feet of the Northwest '/4 of Section 16, Township 23 North, Range 5 East, W.M., King County, Washington. Purpose: Easement"A"The Grantee shall have the right to construct, reconstruct, operate, maintain, and repair its storm drainage pipe line with necessary appurtenances over, under and upon the above described strip of land. EASEMENT "B" That portion of the Northwest '`/4 of the Southeast '/4 of Section 16,Township 23 North, Range 5 East, W.M., King County, Washington,being a strip of land 40 feet in width described as follows: The South 40.00 feet of the West 800.00 feet of the Northwest '/4 of the Southeast 1/4 of Section 16, Township 23 North, Range 5 East, W.M., King County Washington. Purpose: Easement`B"The Grantee shall have the right to construct, reconstruct, operate, maintain, and repair and open storm drainage ditch and service road within the above described strip of land. The Grantor and Grantee herein, by accepting and recording this easement mutually covenant and agree to the terms and conditions described in detail in Appendix"A" attached hereto and by this reference made part of this agreement. DATE this day of , 2002. APPROVED A TO KING COUNTY, WASHINGTON BY By McN lly, Acting Se ti n Chief DATE " ��' 2 DATE ���� UTILITY EASEMENT Page 3 of 6 STATE OF WASHINGTON) )SS COUNTY OF KING ) I certify that Harold McNelly signed this instrument,on oath stated that he was authorized by the King County Executive to execute the instrument,and acknowledged it as the Acting Chief of Asset Development and Management Section of the Department of Executive Services of King County,Washington to be the free,acid voluntary act of said County for the uses and purposes mentioned in the instrument. �(} �7 Dated the C day of �a 20 0�- NOTARY PUBLIC in and fpr the State of Was i gton, residing at ,..P /L My appointment expires: tfx APPENDIX"A" Terms and conditions applicable to easements"A" and"B" granted by King County. 1. PERMIT REQUIRED: Before any work is performed under this agreement, Grantee must obtain a right of way construction permit or a special use permit from the Asset Development and Management Section. To obtain said permit, Grantee shall submit complete plans and specifications of the proposed project including details of landscaping, and comply with any and all other provisions as more specifically set forth in the permit application. 2. DAMAGES: In the event that any damage of any kind is caused by Grantee in the course of performing any act authorized by this easement, Grantee shall immediately reimburse the damaged party to the full extent necessary to restore said party to the position he would have held absent said damage. 3. ASSESSMENTS: Neither Grantor, nor its property shall be subjected to any charge, assessment or expense arising from, growing out of, or in any way attributable to, the use, occupancy, or actions authorized herein, whether within or without the confines of Grantor's property. If Grantor or its property is legally subjected to any such charge, assessment or expense, Grantee shall pay Grantor, as additional compensation for the rights granted in this instrument an amount of money equal to any such charge, assessment or expense paid by the Grantor. 4. HOLD HARMLESS: The Grantee agrees to protect and save King County, its elected and appointed officials and employees while acting within the scope of their duties as such, harmless from and against all claims, demands and causes of action of any kind or character, including the cost of the defense thereof, arising in favor of the Grantee's employees or third parties on account of personal injuries, death or damage to property arising out of the premises herein or in any way resulting from the acts or omissions of the Grantee and/or its agents, employees or representatives. 5. HIRIND AND EMPLOYMENT: In all hiring or employment made possible or resulting from this agreement,there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status or the presence of any sensory, mental, or physical handicap, unless based upon a bonafide occupational qualification, and this requirement shall apply to but not be limited to the following: employment, advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this agreement on the ground of sex, race, color, creed, national origin, age, except minimum age and retirement provisions, marital status, or the presence of any sensor, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this agreement and shall be grounds for cancellation, termination or suspension in whole or in part of the agreement by the County and may result in ineligibility for further County agreements. UTILITY EASEMENT Page 5 of 6 6. RESERVATIONS: Grantor reserves to itself, licensees, lessees, successors and assigns, the right not only to continue to keep and use or operate all other facilities or structures now upon or beneath the surface of, or above, the said described premises,but also the right to install and use or operate other facilities and structures, provided that said installations may be made without substantial interference with the use of the said premises as provided in this instrument. 7. ASSIGNMENT: Neither this easement nor the rights of the Grantee hereunder shall be assignable in whole or in part without the prior written consent of the Grantor. All the provisions, conditions, requirements and regulations herein contained shall be binding upon the successors and assigns of the Grantee and all privileges of the Grantee shall be given to such successors and assigns if they were specifically mentioned. 8. TERMINATION AND ABANDONMENT: If the use of the easement on the premises described in this instrument for the purposes expressed herein shall be abandoned or discontinued, or if the Grantee violates and provision of this instrument, the said easement shall thereupon cease and terminate, and Grantee shall surrender or cause to be surrendered to Grantor, to its successors or assigns, the peaceable possession of the said described premises, and title to the said premises shall remain in Grantor, or its successors or assigns, free and clear of all rights and claims of Grantee. Upon termination of the easement for any reason, Grantee shall remove at his expense all facilities placed on said property by Grantee and restore the premises to a condition,which is equivalent in all respects to the condition existing prior to installation of the facilities or to a condition, which is satisfactory to Grantor. If Grantee has not accomplished removal and restoration ant the end of a ninety-day period following the effective date of revocation, termination or abandonment, Grantor may accomplish all of the necessary work and charge all of the costs to Grantee. 9. RESTORATION AFTER INSTALLATION: Following any construction, Grantee shall return the Grantor's property to its original condition by fixing any damage Grantee's construction caused to Grantor's property, including but not limited to property damage to slopes, shrubbery, landscaping, fencing,roadway or structures. 10. EMERGENCY SITUATIONS: In the event of an emergency, Grantee shall take immediate steps to perform any necessary repairs, and in the event Grantee fails so to do, Grantor may perform said necessary repairs at the sole cost and expense of Grantee. UTILITY EASEMENT Page 6 of 6 11. OTHER APPLICABLE LAWS: Grantee shall comply with all federal, state and local laws, and assume all cost and expense and responsibility in connection therewith, without any liability whatsoever on the part of the Grantor. Special terms and conditions: 1. The final design of the Sunnydale Mobile Home Park detention facility has been approved for a maximum five (5) year release rate equal to 0.764 cubic feet per second and a twenty-five(25) year storm detention volume equal to 45,916.0 cubic feet. Any increase in discharge rate shall require prior approval by the King County Department of Public Works. 2. The improving and upgrading of the drainage ditch for the purpose of enhancing storm water runoff shall be completed by the City of Renton within four(4)years of the acquisition of the necessary rights in land owned by the Estate of Anna McMahon referred to in special use permit#FS-122-83. 4 King County Property Services Division Department of Construction and Facilities Management RECEIVED King County Administration Building 500 Fourth Avenue Room 500 Seattle,Washington 98104 J U L 16 2001 (206)296-7470 TDD(206)296-0100 CITY OF RENTON FAX(206)296-0196 UTILITY SYSTEMS July 11, 2001 City of Renton 1055 South Grady Way Renton WA. 98055 Attention: Allen Quynn RE: Special Use Permit U-34-01 —To Install, Operate and Maintain Drainage Utility Improvements. Dear Allen Quynn: Enclosed is the above referenced special use permit,please sign the permit and return it to this office for further processing. Also,please send us a check,made payable to King County Treasury, for Seventy Five-Dollars ($75.00) for permit fees. Prior to the issuance of this permit a Certificate of Insurance, naming King County as an additional insured, for One Million-Dollars ($1,000,000.00)must be on file with this office. This permit is not valid without the signatures of the Managers of the Property Services Division and the King County Department of Transportation Roads Services Division. Sincerely, Bernard Thompson Permit and Franchise Supervisor BT: CAY Enclosure: Special Use Permit U-34-01 WR CITIES INSURANCE Fax:4252777242 Jul 18 2001 11:41 P. 01 WA Insurance Authority P.O. sox 1165 Renton, WA 98057 18-Jul-01 Cert#: 2332 Phone, 425.277-7237 King County Property Services Division Attn: Bernard Thompson Fax: 425-277.7242 500 Fourth Ave,, Rm 500 Seattle,WA 98104 RE: City of Renton Special Use Permit U-34-01: To allow the City of Renton to install, operate, and maintain drainage utility improvements. Evidence of Coverage The above captioned entity is a member of the Washington Cities Insurance Authority (WCIA), which is a self insured pool of over 99 municipal corporations in the State of Washington. WCIA has at least $1 million per occurrence combined single limit of liability coverage in its self insured layer that may be applicable in the event an incident occurs that is deemed to be attributed to the negligence of the member. WCIA is an Interlocal Agreement among municipalities and liability is completely self funded by the membership. As there is no insurance policy involved and WCIA is not an insurance company, your organization cannot be named as an "additional insured', Sinccrcly, Eric B. Larson Assistant Director cc: Michael R. Webby Allen Quynn, Surface Water Utility Section clecter k r King County Property Services Division Department of Construction and Facilities Management RECEIVED King County Administration Building 500 Fourth Avenue Room 500 Seattle,Washington 98104 J U L 16 2001 (206)296-7470 TDD(206)296-0100 (CITY OF RENTON FAX(206)296-0196 UTILITY SYSTEMS July 11, 2001 City of Renton 1055 South Grady Way Renton WA. 98055 Attention: Allen Quynn RE: Special Use Permit U-34-01 —To Install, Operate and Maintain Drainage Utility Improvements. Dear Allen Quynn: Enclosed is the above referenced special use�ermit,please sign the permit and return it to this office for further processing. Also,please send us a check, made payable to King County Treasury, for Seventy Five-Dollars ($75.00) for permit fees. Prior to the issuance of this permit a Certificate of Insurance,naming King County as an additional insured, for One Million-Dollars ($1,000,000.00)must be on file with this office. This permit is not valid without the signatures of the Managers of the Property Services Division and the King County Department of Transportation Roads Services Division. Sincerely, Bernard Thompson Permit and Franchise Supervisor BT: CAY Enclosure: Special Use Permit U-34-01 1 x WAI Insurance Authority P.O. Box 1165 Renton. WA 98057 18-Jul-01 Cert#: 2332 Phone: 425.277-7237 King County Property Services Division Attn: Bernard Thompson Fax: 425-277.7242 500 Fourth Ave., Rm 500 Seattle,WA 98104 RE: City of Renton Special Use Permit U-34-01: To allow the City of Renton to install, operate, and maintain drainage utility improvements. Evidence of Coverage The above captioned entity is a member of the Washington Cities Insurance Authority (WCIA), which is a self insured pool of over 99 municipal corporations in the State of Washington. WCIA has at least S1 million per occurrence combined single limit of liability coverage in its self insured layer that may be applicable inbthe event an incident occurs that is deemed to be attributed to the negligence of the member. WCIA is an Interlocal Agreement among municipalities and liability is completely self funded by the membership. As there is no insurance policy involved and WCIA is not an insurance company, your organization cannot be named as an "additional insured'. Sinccrcly, i3 Eric B. Larson Assistant Director cc: Michael R- Webby Allen Quynn, Surface Water Utility Section cletter t CITY OF RENTON SPECIAL USE PERMIT U-34-01 15. SPECIAL TERMS AND CONDITIONS: a. The permittee shall remove the existing pipeline and restore the impacted Property of its original or better condition or to the satisfaction of the Department of Transportation representatives. b. Prior to the beginning of work, the permittee shall obtain all the appropriate Permits from the City of Renton and/or any other State or Federal agencies with permit jurisdiction over this property. c. The permittee shall be responsible for the removal and disposal of all debris and materials immediately upon completion. d. The pennittee shall be responsible for the repair and/or replacement of any surface or subsurface utilities damages as a result of the activities authorized under the terms and conditions of this permit. e. The pennittee's work shall not interfere with the operation of the Department of Transportation operation and facilities while performing the work. f The Department may set additional terms as unforeseen conditions may warrant. CITY OF RENTON SPECIAL USE PERMIT U-34-01 159. INSURANCE: By the date of issuance of this permit, the permittee shall procure and maintain, for the duration of this permit, insurance or coverage against claims for injuries to persons or damages to property which may arise from and in connection with the performance of work hereunder by the permittee, his agents, representatives, employees and/or subcontractors. Evidence of prior-approved self-insurance shall be deemed as compliance with the insurance coverage required by this permit. For All Coverages: The cost of such insurance shall be paid by the permittee. Each insurance policy shall be written on an "Occurrence Form." l. Minimum Scope of Insurance Coverage shall be at least as broad as: General Liability: Insurance Services Office form number GL 0002 (Ed. 1-73) covering COMPREHENSIVE GENERAL LIABILITY and Insurance Services Office form number GL 0404 (Ed. )-81) covering BROAD FORM COMPREHENSIVE GENERAL LIABILITY ENDORSEMENT; -or- Insurance Services Office form number CG 0001 (Ed. I1-88) cove LIABILITY. ring COMMERCIAL GENERAL 2. Minimum Limits of Insurance General Liability: The permittee shall maintair�limits no less than $1,000,000.00 combined single limit per occurrence for bodily injury,personal injury and property damage. 3. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to, and approved by, the County. At the option of the County, the insured shall instruct the insurer to reduce or eliminate such deductibles or self-insured retentions as respects the County, its officers, officials and employees. The deductible and/or self-insured retention of the policies shall not limit or apply to the permittee's liability to the County and shall be the sole responsibility of the permittee. CITY OF RENTON SPECIAL USE PERMIT U-34-01 15g. INSURANCE CONTINUED: 4. Other Insurance Provisions The insurance policies required in this pen-nit are to contain, or be endorsed to contain the following g a. General Liability Policy: 1. The County, its officers, officials, employees and agents are to be covered as insured as respects liability arising out of activities performed by or on behalf of the permittee in connection with this permit. 2. To the extent of the permittee's negligence, the permittee's insurance coverage shall be prim ary insurance as respects the County, its officers, officials, employees and agents. Any insurance and/ self-insurance maintained by the County, its officers, officials, employees or agents should not or contribute with the permittee's insurance or benefit the permittee in any way. 3. The permittee's insurance shall apply separately to each insured against whom a claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability. b. All Policies: Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits prior to the expiration date of this special use permit, unless forty-five(45) days prior notice, return receipt requested, has been given to the County. 5. Acceptability of Insurers Unless otherwise approved by the County, insurance is to be placed with insurers with a Bests'rating of no less than A: VIII, or, if not rated with Bests', with minimum surpluses the equivalent of Bests'surplus size VIII. If at any time the foregoing policies shall be or become unsatisfactory to the County, as t form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the County, the permittee shall, upon notice to that effect from the County, the same to the County, with the appropriate certificates and endorsements,for approval. and shall submit 6. Verification of Coverage The permittee shall furnish the King County Real Property Division with certificates of insurance and endorsements required by this permit. The certificates and endorsements for each insurance policy is to be signed by a person authorized by that insurer to bind coverage on its behalf. The Certificates and Endorsements for each insurance policy are to be on forms approved by the County, and are to be received and approved by the County prior to the issuance of the permit. The County reserves the right to require complete, certified copies of all required insurance policies at any time. 7. Municipal or State Agency Provision If the Contractor is a Municipal Corporation or an agency of the State of Washington and is self-insured for any of the above insurance requirements, a certification of self-insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this section. • KING COUNTY Department of Construction and Facilities Management Property Services Division 500 King County Administration Building 500 Fourth Avenue Seattle, WA 98104 (206) 296-7456 FAX 296-0196 UTILITY USE PERMIT Use of County Owned Property PERMIT NUMBER: U-34-01 FILE NO. DATE: 06/19/2001 PERMITTEE: CITY OF RENTON, ALLEN QUYNN, PROJECT MANAGER 1055 SOUTH GRADY WAY RENTON, WA 98055- DAY PHONE:425-430-7247 OTHER/FAX PHONE: PURPOSE: TO INSTALL, OPERATE AND MAINTAIN DRAINAGE UTaLITY IMPROVEMENTS ASSOCIATED WITH REALIGNMENT OF THE IMPROVEMENT AND UTILITY EASEMENT IN WHICH KING COUNTY CONVEYED TO THE CITY OF RENTON UNDER AF# 8502150567 LEGAL DESCRIPTION 1/4 Sec Twp Rge Account No. Kroll Page SE 16 23 05 9003 370E KING COUNTY DEPARTMENT OF TRANSPORTATION RENTON HIGHLANDS SITE 155 MONROE AVENUE NE ALONG THE SOUTHERN BOUNDARY OF THE PROPERTY (SEE LOCATION PLANS DATED 6/19/01) I 1 1 1 1 I EXPIRATION: This permit shall not be valid for more than 5 YEARS and expires on the day of 2006. PERMIT FEE: $ 75 .00 INSPECTION FEE: $ 0 .00 ADMINISTRATIVE FEE: $ 0 .00 PLAN REVIEW FEE: $ 0 .00 LAND USE FEE: $ 0.00 OTHER FEE: $ 0 .00 BOND AMOUNT: $ 0.00 INSURANCE AMOUNT: $ 1, 000,000 .00 Permittee MUST notify BILL O'CONNER AT: 206-296-8147 AT LEAST 72 HOURS PRIOR TO BEGINNING WORK AND IMMEDIATELY UPON COMPLETION. By this permit King County authorizes the use of the above described property: Custodial Approval Date Property Services Approval Date The Permittee agrees to comply with the terms and conditions contained herein. SEE REVERSE SIDE FOR TERMS AND CONDITIONS. Signature of Permittee Date NOTE: Permit not valid without all necessary signatures and expiration date. Ordinance 4099, King County Code 14 .46 TERMS AND CONDITIONS 1. PERMIT REVOCATION:This Permit is revocable at an time b Kin County. The right to revoke is expressly reserved to Kin County. Y Y g tY• 9 P Y 9 2. INDEMNITY AND HOLD HARMLESS. The Permittee agrees to indemnify and hold harmless King County as provided herein to the maximum extent possible under law. Accordingly, the Permittee agrees for itself, its successors and assigns to defend, indemnify, and hold harmless King County, its appointed and elected officials, and employees from and against liability for all claims, demands, suits, and judgments including costs of defense thereof for injury to persons, death,or property damage which is caused by, arises out of,or is incidental to Permittee's exercise of rights and privileges granted by this Permit. The Permittee's obligation under this section shall include: a) Indemnification for such claims whether or not they arise from the sole negligence of either the County or the Permittee, the concurrent negligence of both parties, or the negligence of one or more third parties. b)The duty to promptly accept tender of defense and provide defense to the County at the Permittee's own expense. c) Indemnification of claims made by the Permittee's own employees or agents. d)Waiver of the Permittee's immunity under the industrial insurance provisions of Title 51 RCW,which waiver has been mutually negotiated by the parties. In the event it is necessary for the County to incur attorney's fees, legal expenses,or other costs to enforce the provisions of this section, all such fees,expenses,and costs shall be recoverable from the Permittee. In the event it is determined that RCW 4.24.115 applies to this agreement,the Permittee agrees to defend, hold harmless,and indemnify King County to the maximum extent permitted thereunder, and specifically for its negligence concurrent with that of King County to the full extent of Permittee's negligence. Permittee agrees to defend, indemnify, and hold harmless the County for claims by Permittee's employees and agrees to waiver of its immunity under Title 51 RCW,which waiver has been mutually negotiated by the parties. 3. ANTI-DISCRIMINATION: In all hiring or employment made possible or resulting from this Permit,there shall be no discrimination against any employee or applicant for employment because of race,color,ancestry, religion, national origin,age,sex,sexual orientation, marital status,or the presence of any sensory, mental or physical handicap in an otherwise qualified handicapped person unless based upon a bona fide occupational qualification, and this requirement shall apply to but not be limited to the following: employment, advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship. No person shall be denied, or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Permit on the grounds of race, color, ancestry, religion, national origin, age(except minimum age and retirement provisions), sex, sexual orientation, marital status, parental status,the presence of any sensory, mental or physical handicap,or the use of a trained guide-dog by a blind or deaf person. Any violation of this provision shall be considered a violation of a material provision of this Permit and shall be grounds for cancellation,termination or suspension in whole or in part of the Permit by the County,and may result in ineligibility for further County permits. 4. NON-EXCLUSIVE RIGHT: This Permit shall not be deemed or construed to be an exclusive right. It does not prohibit the County from granting any other permits to other public or private entities, nor shall it prevent the County from using any public place for any and all public use or affect its jurisdiction over any part of them. 5. ASSESSMENTS: Permittee shall be required to pay any general or special assessments incurred by King County which are directly attributable to or arising from any actions,occupancy,or usage authorized herein. 6. TERMINATION: The Permittee may terminate the Permit by written notice to the Manager of Property Services Division. Upon revocation, termination, or abandonment, the Permittee shall remove at his expense all facilities placed on said property by the Permittee, and restore the premises to a condition which is equivalent in all respects to the condition existing prior to installation of the facilities,or to a condition which is satisfactory to the County. If the Permittee has not accomplished removal and restoration at the end of a ninety-day period following the effective date of revocation, termination, expiration, or abandonment, the County may accomplish all of the necessary work and charge all of the costs to the Permittee. 7. RESTORATION: After completion of work authorized by this Permit, the Permittee shall restore the property to a condition which is equivalent in all respects to the condition of the property prior to starting work, or a condition satisfactory to King County. If the Permittee delays the restoration beyond expiration of the Permit,the County may accomplish all the necessary work and charge all the costs to the Permittee. 8. REPAIRING DAMAGE BY PERMITTEE: In the event that damage of any kind is caused by the Permittee in the course of performing work authorized by this Permit, Permittee will repair said damage at its sole cost and expense. Repair work shall begin without delay and continue without interruption until completed. If damage is extensive, the time allowed for repair will be prescribed by the County agent. If the County determines it is necessary,the County may accomplish the work and charge all the costs to the Permittee. 9. ABATEMENT OF UNSAFE CONDITIONS: The County representative may at any time, do, order, or have done all work considered necessary to restore to a safe condition any area described in Permit left by the Permittee in a condition dangerous to life or property. The Permittee shall pay, upon demand,to the County all costs of such work, materials,etc. Nothing in this section shall relieve the Permittee of duties under Terms and Conditions No.2 above. 10. RIGHTS RESERVED TO COUNTY- CONFORMANCE AND PAYMENT OF COST REQUIRED: The County reserves the right to use, occupy, and enjoy its property for such purposes as it shall de&e including, but not limited to,constructing or installing structures and facilities on the property, or developing, improving, repairing or altering the property. The Permittee, upon written notice, will at his own cost and expense remove, repair, relocate, change or reconstruct such installations to conform with the plans of work contemplated or ordered by the County according to a time schedule contained in the written notice. 11. NOTICE: Permittee agrees to obtain information from other utility operators regarding the location and current status of their installations before starting work. Property owners adjoining, or in proximity to, tha project as described herein shali be notified by Permittee when such property is exposed to the possibility of injury or damage through performance of work on the project authorized by this Permit. Permittee shall make all advance arrangements necessary to protect such property or utility from injury or damage. 12. OTHER APPLICABLE LAWS: Issuance of this Permit does not in any way relieve the Permittee from complying with any other applicable laws in performing the work subject to this Permit. 13. RE-ENTRY: After completion of work authorized by this Permit, if the Permittee desires to re-enter upon the property described herein for any reconstruction, notice shall be provided in advance to King County together with the plans and specifications for the work proposed, and shall not be permitted without the County's consent. 14. TITLE: This Permit grants only the right to use King County's interest in the herein described property, and the granting of this Permit is not a warranty that good title to any specific property is vested in King County. 15. SPECIAL TERMS AND CONDITIONS: (SEE ATTACHED SHEET(S) terms&con.frm 05/94 KING COUNTY Department of Construction and Facilities Management Property Services Division 500 King County Administration Building 500 Fourth Avenue Seattle, WA 98104 (206) 296-7456 FAX 296-0196 UTILITY USE PERMIT Use of County Owned Property PERMIT NUMBER: U-34-01 FILE NO. DATE: 06/19/2001 PERMITTEE: CITY OF RENTON, ALLEN QUYNN, PROJECT MANAGER 1055 SOUTH GRADY WAY RENTON, WA 98055- DAY PHONE:425-430-7247 OTHER/FAX PHONE: PURPOSE: TO INSTALL, OPERATE AND MAINTAIN DRAINAGE UTILITY IMPROVEMENTS ASSOCIATED WITHI REALIGNMENT OF THE IMPROVEMENT AND UTILITY EASEMENT IN WHICH KING COUNTY CONVEYED TO THE CITY OF RENTON UNDER AF# 8502150567 I I LEGAL DESCRIPTION 1/4 Sec Twp Rge Account No. Kroll Page SE 16 23 05 9003 370E i I I I KING COUNTY DEPARTMENT OF TRANSPORTATION RENTON HIGHLANDS SITE 155 MONROE AVENUE NE ALONG THE SOUTHERN BOUNDARY OF THE PROPERTY (SEE LOCATION PLANS DATED 6/19/01) I I I I I I I j I I EXPIRATION: This permit shall not be valid for more than 5 YEARS and expires on the day of 2006. I I PERMIT FEE: $ 75.00 INSPECTION FEE: $ 0.00 I ADMINISTRATIVE FEE: $ 0 .00 PLAN REVIEW FEE: $ 0 .00 LAND USE FEE: $ 0 .00 OTHER FEE: $ 0 .00 I BOND AMOUNT: $ 0 .00 INSURANCE AMOUNT: $ 1, 000, 000 .00 I I Permittee MUST notify BILL O'CONNER AT: 206-296-8147 AT LEAST 72 HOURS PRIOR TO BEGINNING WORK AND IMMEDIATELY UPON COMPLETION. I By this permit King County authorizes the use of the above described property: � I Custodial Approval Date Property Services Approval Date I I The Permittee agrees to comply with the terms and conditions contained herein. SEE REVERSE SIDE FOR TERMS/SAND CONDITIOAT.S Signature of Permittee Date NOTE: Permit not valid without 4Anecessary signatures and expiration date. Ordinance 4099, King County Code 14.46 TERMS AND CONDITIONS 1. PERMIT REVOCATION:This Permit is revocable at any time by King County. The right to revoke is expressly reserved to King County. 2. INDEMNITY AND HOLD HARMLESS. The Permittee agrees to indemnify and hold harmless King County as provided herein to the maximum extent possible under law. Accordingly, the Permittee agrees for itself, its successors and assigns to defend, indemnify, and hold harmless King County, its appointed and elected officials, and employees from and against liability for all claims, demands, suits, and judgments including costs of defense thereof for injury to persons,death,or property damage which is caused by, arises out of,or is incidental to Permittee's exercise of rights and privileges granted by this Permit. The Permittee's obligation under this section shall include: a) Indemnification for such claims whether or not they arise from the sole negligence of either the County or the Permittee,the concurrent negligence of both parties, or the negligence of one or more third parties. b)The duty to promptly accept tender of defense and provide defense to the County at the Permittee's own expense. c) Indemnification of claims made by the Permittee's own employees or agents. d)Waiver of the Permittee's immunity under the industrial insurance provisions of Title 51 RCW,which waiver has been mutually negotiated by the parties. In the event it is necessary for the County to incur attorney's fees, legal expenses,or other costs to enforce the provisions of this section, all such fees,expenses,and costs shall be recoverable from the Permittee. In the event it is determined that RCW 4.24.115 applies to this agreement,the Permittee agrees to defend,hold harmless, and indemnify King County to the maximum extent permitted thereunder, and specifically for its negligence concurrent with that of King County to the full extent of Permittee's negligence. Permittee agrees to defend, indemnify,and hold harmless the County for claims by Permittee's employees and agrees to waiver of its immunity under Title 51 RCW,which waiver has been mutually negotiated by the parties. 3. ANTI-DISCRIMINATION: In all hiring or employment made possible or resulting from this Permit,there shall be no discrimination against any employee or applicant for employment because of race, color, ancestry, religion, national origin,age, sex, sexual orientation, marital status,or the presence of any sensory, mental or physical handicap in an otherwise qualified handicapped person unless based upon a bona fide occupational qualification, and this requirement shall apply to but not be limited to the following: employment, advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship. No person shall be denied, or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Permit on the grounds of race, color, ancestry, religion, national origin, age (except minimum age and retirement provisions),sex,sexual orientation, marital status, parental status,the presence of any sensory, mental or physical handicap, or the use of a trained guide-dog by a blind or deaf person. Any violation of this provision shall be considered a violation of a material provision of this Permit and shall be grounds for cancellation,termination or suspension in whole or in part of the Permit by the County,and may result in ineligibility for further County permits. 4. NON-EXCLUSIVE RIGHT: This Permit shall not be deemed or construed to be an exclusive right. It does not prohibit the County from granting any other permits to other public or private entities, nor shall it prevent the County from using any public place for any and all public use or affect its jurisdiction over any part of them. 5. ASSESSMENTS: Permittee shall be required to pay any general or special assessments incurred by King County which are directly attributable to or arising from any actions,occupancy,or usage authorized herein. 6. TERMINATION: The Permittee may terminate the Permit by written notice to the Manager of Property Services Division. Upon revocation, termination, or abandonment, the Permittee shall remove at his expense all facilities placed on said property by the Permittee, and restore the premises to a condition which is equivalent in all respects to the condition existing prior to installation of the facilities, or to a condition which is satisfactory to the County. If the Permittee has not accomplished removal and restoration at the end of a ninety-day period following the effective date of revocation, termination, expiration, or abandonment,the County may accomplish all of the necessary work and charge all of the costs to the Permittee. 7. RESTORATION: After completion of work authorized by this Permit, the Permittee shall restore the property to a condition which is equivalent in all respects to the condition of the property prior to starting work, or a condition satisfactory to King County. If the Permittee delays the restoration beyond expiration of the Permit,the County may accomplish all the necessary work and charge all the costs to the Permittee. 8. REPAIRING DAMAGE BY PERMITTEE: In the event that damage of any kind is caused by the Permittee in the course of performing work authorized by this Permit, Permittee will repair said damage at its sole cost and expense. Repair work shall begin without delay and continue without interruption until completed. If damage is extensive, the time allowed for repair will be prescribed by the County agent. If the County determines it is necessary,the County may accomplish the work and charge all the costs to the Permittee. 9. ABATEMENT OF UNSAFE CONDITIONS: The County representative may at any time, do, order, or have done all work considered necessary to restore to a safe condition any area described in Permit left by the Permittee in a condition dangerous to life or property. The Permittee shall pay, upon demand,to the County all costs of such work, materials, etc. Nothing in this section shall relieve the Permittee of duties under Terms and Conditions No.2 above. 10. RIGHTS RESERVED TO COUNTY- CONFORMANCE AND PAYMENT OF COST REQUIRED: The County reserves the right to use, occupy, and enjoy its property for such purposes as it shall desire including, but not limited to, constructing or installing structures and facilities on the property, or developing, improving, repairing or altering the property. The Permittee, upon written notice, will at his own cost and expense remove, repair, relocate, change or reconstruct such installations to conform with the plans of work contemplated or ordered by the County according to a time schedule contained in the written notice. 11. NOTICE: Permittee agrees to obtain information from other utility operators regarding the location and current status of their installations before starting work. Property owners adjoining, or in proximiiy to, the project as described 'herein shall be notified by Permittee when such property is exposed to the possibility of injury or damage through performance of work on the project authorized by this Permit. Permittee shall make all advance arrangements necessary to protect such property or utility from injury or damage. 12, OTHER APPLICABLE LAWS: Issuance of this Permit does not in any way relieve the Permittee from complying with any other applicable laws in performing the work subject to this Permit. 13. RE-ENTRY: After completion of work authorized by this Permit, if the Permittee desires to re-enter upon the property described herein for any reconstruction, notice shall be provided in advance to King County together with the plans and specifications for the work proposed, and shall not be permitted without the County's consent. 14. TITLE: This Permit grants only the right to use King County's interest in the herein described property, and the granting of this Permit is not a warranty that good title to any specific property is vested in King County. 15. SPECIAL TERMS AND CONDITIONS: (SEE ATTACHED SHEET(S) terms&con.trm 05/94 City of Renton Finance Department Request for Claims Date of Request 5/15/02 Date Required 5/17/02 Requesting Department PBPW Authorized Signature REASON FOR CHECK Deposit Refund Name Amount Finance Receipt No. Receipt Date Other Describe Circumstances Requiring Issuance of Check: X Utility Use Permit fee for the Sunnydale Downstream Storm System Improvement Project. CHECK PREPARATION INSTRUCTIONS Amount $75.00 Charge to Account(s) 421.000600.018.5960.0038.65.065315 65315/5110 Payable To King County Address 500 S. 4th Ave. #k653 r,,S Seattle, WA 98104 `�" Mail Check to Payee J � Return to Dept. Soc Sec or IRS ID No ❑ Other: CHECK AUTHORIZATION -Finance Department Use Only Approved Date ❑ Claims Check No: FIS006.doc\tb Rev: 10/99 06/10/2002 11: 57 206-296-0196 PROPERTY SERVICES PAGE 01 KING COUNTY Department of Construction and Facilities Management Property Services Division 500 King County Administration Building 500 Fourth Avenue Seattle, WA 98104 (206) 296-1456 FAX 296-0:96 UTILITY USE PERMIT Use of County Owned Property PERMIT NUMBEF:: U-34-01 FILE NO. DATE: 06/19/20C1 PE,RMITTEE: ` CITY OF F.ENT'c]I;;, ALL EN QUYNN, PROJECT MANAGER 1055 SOUTH GlrjMY WAY RENTON, WA 51 �055- 1 DAY PHONE: ;:;5-430-7247 OTHER/FAX PHONE: PURPOSE: TO INSTALL, )PERATE AND MAINTAIN DRAINAGE UTILITY IMPROVEMENTS ASSOCIATED WITH REALIG\TMENT -')F THE IMPROVEMENT AND UTILITY EASEMENT IN WHICH KING COUNTY CONVEYED TO 'I,'l?E CITY OF RENTON UNDER AF# 8502150567 ---- - LEGAL DE:3CRI]?'CION 1/4 Sec Twp Rge Account No, Kroll Page SE 16 23 05 9003 370E KING :IDUNTY DEPARTMENT OF TRANSPORTATION RENTON HIGHLANDS SITE 155 MONROE AVENUE NE ALCNG THE SCUT'HERN BOUNDARY OF THE PROPERTY (SEE LOCATION PLANS DATED 6/19/01) I EXPIRATION: Ihis permit shall not be valid for more than 5 YEARS and expires on the loth day of JUNE 2fl07 PERMIT FEE: $ 75 .00 INSPECTION FEE: $ 0.00 ADMINIST'RAT::VE FEE: $ 0. 00 PLAN REVIEW FEE: $ 0 .00 LAND USE: FEE: $ 0 .00 OTHER FEE: $ 0 .00 BOND AMOUNT : $ 0.00 INSURANCE AMOUNT: $ 1, 000, 000 .00 Permitte:e MIM;T notify WWdXA==&It 14"at., AT: AT LEAST 72 EOURS PRIOR TO BEGINNING. WORK AND IMMEDIATELY UPON COMPLETION. By this permit King County authorizes the use of the above described property: SIGNATURE VIA FAX 6/7/02 Custodial A:;; sroval Date Property Se:c-,•ices Approval .r�.-d-✓ Date /0 6l- �Ln.- The Permitto.e: agrees to comply with the terms and conditions contained herein. SEE REVI;RSL SLIDE FOR TERMS AND CONDITIONS-- „c Signature of Permittee, Date NOTE: Permit .-:cat valid without 4A necessary signatures and expiration date. Ordinance 4099, King County Code 14.46 06/10/2002 11:57 206-296-0196 _ �P RDPERTY SERVICES PAGE 11 1 PERMIT REVOCAT ON:This Permit is revocable at any time by King County. The right to revoke is expressly reserved to King County. 2. INDEMNITY AVD HO.D HARMLESS. The Permlttee agrees to Indemnify and hold harmless King County as provided herein to the maximum extent possible un Ter law. Accordingly, the Permittee agrees for Itself, its successors and assigns to defend, indemnify. and hold harmless King County,fs appo nted and elected officials,and employees from and against liability for all claims,demands,suits,and judgments including costs of defene;e thereof for Injury to persons,death,or property damage which Is caused by,arises out of,or is incidental to Permittee's exercise of rights and privileges granted by this Permit. The Permittee's obligation under this section shall Include: a) Indemnification for such claims whether or not they arise from the sofa negligence of either the County or the Permittee,the concurrent negligence of both parties,or the negligence of one or more thi ti parties. b)The duty to promptly accept tender of defense and provide defense to the County at the Permittee's own expense. c)Indemnification of claims made by the Permittee's own employees or agents. d)Waiver of the Permittee's Immunity under the Industrial Insurance provsions of Title 51 RCW,which waiver has been mutually negotiated by the parties. In the event it is neca�;&ary for the County to incur attorney's fees,legal expenses,or other costs to enforce the provisions of this section, all such fees,expenses,and casts shall be recoverable from the Permittee. In the event It Is dotalrrined that RCW 4.24.115 applies to this agreement,the Permlttee agrees to defend,hold harmless,and indemnify King County to the maximum(Went permitted thereunder,and specifically for its negligence concurrent with that of King County to the full extent of Permittee's negligence. Penn ttee agrees to defend,indemnify,and hold harmless the County for claims by Permittee's employees and agrees to waiver of its immunity under"''itle 51 RCW,which waiver has been mutually negotiated by the parties. 3 ANTi-DISCRIMINATION: In all hiring or employment made possible or resulting from this Permit,there shell be no discrimination against any employee or appllcar t for employment because of race,color,ancestry,religion,national origin,age,sex,sexual orientation,marital status,or the presence of any sensory, mental or physical handicap in an otherwise qualified handicapped person unless based upon a bona fide occupational qualification,and this requirement shall apply to but not be limited to the following: employment,advertising,)ay-off or termination, rates of pay or other fonns of compensation, and selection for training Including apprenticeship. No person shall be denied, or subjected to discrimination In receipt of the benefit of any services or activities made possible by or resulting from this Permit on the grounds of race,color, ancestry,religion,national origin,age(except minimum age and retirement provisions),sex,sexual orientation,marital status,parental status,the Presence of any sensory,manuil or physical handicap,of the use of a trained gulde-dog by a blind or deaf person. Any violation of this provision shall be considered a violation :if a material provision of this Permit and shall be grounds for cancellation,termination or suspension in whole or in part of the Permit by the C:ounly and may result in ineligibility for further County permits. 4. NON-EXCLUSIVIS RIGHT:This Permit shall not be deemed or construed to be an exclusive right. it does not prohibit the County from granting any other permibi to oihor public or private entitles,nor shall It prevent the County from using any public place for any and all public use or affect its jurisdiction over any part of them. 5. ASSESSMENTS: Pe'IT lttee shall be required to pay any general or special assessments incurred by King County which are directly attributable to or arising from ary actions,occupancy,or usage authorized herein. 6. TERMINATION: The Permittee may terminate the Permit by written notice to the Manager of Property Services Division. Upon revocation,termination,or abatidonment,the Permittee shall remove a'his expense all facilities placed on said property by the permittee,and restore the promises to a condillon which Is equivalent in all respects to the condition existing prior to installation of the facilities,or to a condition which Is satisfactory to the Count;t. If the Permittee has not accomplished removal and restoration at the end of a ninety-day period following the effective date of revocation,tenni,atlon,expiration,or abandonmont,thu County may accomplish 0 of the necessary work and charge all of tre costs to the Permittee. 7. RESTORATION: After completion of work authorized by this Permit,the Permittee shall restore the property to a condition which is equivalent in all respects to the txmdltion of the properly prior to starting work,or a condition satisfactory to King County. If the Permittee delays the restoration beyond expiration of the Permit,the County may accomplish all the necessary work and charge all the costs to the Permittee. 8. REPAIRING DAMAGE E.Y PERMITTEE: In the event that damage of any kind Is caused by the Permittee in the course of performing work authorized by this Permit,Permittee will repair said damage at its sole cost and expense, Repair work shall begin without delay and continue without Interruption until completed. If damage is extensive, the time allowed fcr repair will be prescribed by the County agent. If the County determines it is necessary,the 03 inty may accomplish the work and charge all the costs to the Permittee. 9. ABATEMENT OF UN:_AFE CONDITIONS: The County representative may at any time,do,order, or have done all work considered necessary to restore to a safe ::cndition any area described in Permit left by the Permittee in a condition dangerous to life or property The Permittee shall pay,upon demand,to the County all costs of such work,materials,etc. Nothing in this section shall relieve the Permittee of duties under Terms and Conditions No 2 above. 10• RIGHTS RESERVED_yC COUNTY-CONFORMANCE AND PAYMENT OF COST REQUIRED: The County reserves the right to use, occupy,and enjoy its property fcr:>uch purposes as it shall desire Including,but not limited to,.constructing or installing structures and facilities on the property,or developing,Improving,repairirg or altering the property. The Permittee, upon written notice,will at his own cost and expense remove, repair, relocate, change.or reconstruct such installations to conform with the plans of work contemplated or ordered by the County according to a time schedule cont<ined in the written notice. 11. NOTICE: Permittee ag•e as to obtain information from other utility operators regarding the location and current status of their Installations before starting work, Property yawners adjoining, or In proximity to, the project os described herein shall be notified by Permlree when such property is exposed to the possfN ity of Injury or damage through performance of work on the project authorized by this Permit. Permittee shal make all advance arrangement:,rii!Lessery to protect such property or utility from injury or damage. 12, OTHER APPLICABLE LAWS: Issuance of this Permit does rot in any way relieve the Permlttee from complying with any other applicable laws in performing the Aork subject to this Permit. 13. RE-ENTRY: After com,lotion of work authorized by this Permit,If the Permittee desires to re-enter upon the property described herein for any reconstruction,notice shall be provided in advance to King County together with the plans and specifications for the work proposed,and shall not be permitted without the County's consent, 14. TITLE: This Permit grra it;only the right to use King County's Interest in the herein described property,and the granting of this Permit is not a warranty that good title to a iy specific property Is vested In King County, 16. SPECIAL TERMS AND CONDITIONS: (SEE ATTACHED SHEET(S) tsn s&ow.in 05194 06/10/2002 11: 57 206-296-0196 PROPERTY SERVICES PAGE 02 CITY OF p:1�,1TON SPECLkL ijsE PERMIT U-34-01 15. S)P1ECI Ii L TERMS AND CONDITIONS: a. :I'he permittee shall remove the existing pipeline and restore the impacted Inoperly of its original or better condition or to the satisfaction of the I:)epartment of Transportation representatives. b. li'Dior to the beginning of work,the permittee shall obtain all the appropriate ip,=its from the City of Renton and/or any other State or Federal agencies i ith permit jurisdiction over this property. c. Me permittee shall be responsible for the removal and disposal of all debris .and materials immediately upon completion. d. The permittee shall be responsible for the repair and/or replacement of any surface or subsurface utilities damages as a result of the activities authorized under the terms and conditions of this permit. e. The permittee's work shall not interfere with the operation of the Department of Transportation operation and facilities while performing the work. f. The Department may set additional terms as unforeseen conditions may warrant. 06/10/2002 11: 57 206-296-0196 PROPERTY SERVICES PAGE 03 CITY OF RENTON SPECZAI,USE PEF MIJ U-34-01 15g_ INSUR.A2iCF; ,i_-'ONTINUED: 4. Other Ins,uranrc Provisions The insurance policies required in this permit are to contain, or be endorsed to contain the following provisions a. General Liability Policy: 1. The County, its officers, officials, employees and agents are to be covered as insured as respects liability arising out of activities performed by or on behalf of the pennittee in connection with this permit. 2. To the extent of the permittee's negligence, the permittee's insurance coverage shall be primary insurwice as respects the County, its officers, officials, employees and agents. Any insurance and/or self-insurance maintained by the County, its officers, officials, employees or agents should not contn'bute with the permittee's insurance or benefit the permittee in any way. 3. TI.,ie pe mittee's insurance shall apply separately to each insured against whom a claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability. b. All Polic:cs>: Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits prior to the expiration date of this special use permit, unless forty-five(45) days prior notice, return receipt requested,, has been given to the County. S. Acceptabilit 1 of Insurers Unless other%oise approved by the County, insurance is to be placed with insurers with a Bests'rating of no less than A: 1/11I, or, if not rated with Bests',with minimum surpluses the equivalent of Bests' surplus size VIII. If at any time the foregoing policies shall be or become unsatisfactory to the County, as to form or substance:, or i l,'a company issuing any such policy shall be or become unsatisfactory to the County, the permittee shall, upon notice to that effect from the County,promptly obtain a new policy, and shall submit the same to th:r County, with the appropriate certificates and endorsements, for approval. 6. Verificat-ion of Cov�erage The perrruttee shall furnish the Icing County Real Property Division with certificates of insurance and endorsements;required by this permit. The certificates and endorsements for each insurance policy is to be signed by a pEr.,on authorized by that insurer to bind coverage on its behalf. The Certificates and Endorsements for each insurance policy are to be on forms approved by the County, and are to be received and approved by the County prior to the issuance of the permit. The County reserves the right to require complete, certified copies of all required insurance policies at any time. 7. Municipal or State Agenc Provision __._ Y If the Contractor is a Municipal Corporation or an agency of the State of Washington and is self-insured for any of the above insurance requirements, a certification of self-insurance shall be attached hereto and be ineorporatexl by reference and shall constitute compliance with this section. 06/10/2002 11: 57 206-296-0196 PROPERTY SERVICES PAGE 04 CITY OF RENTON SPECIAL USE PEk:1v111` U-34-01 75g. INSURANCE_ By the date of issuance of this permit, the permittee shall procure and maintain, for the duration of this permit, insurance or covc,rage against claims for injuries to persons or damages to property which may arise from and in connection with Hie performance of work hereunder by the permittee, his agents, representatives, employees and/or subcontraoors. Evidence of prior-approved self-insurance shall be deemed as compliance with the insurance covera;l;e required by this permit. For All Coverages: The cost of such insurance shall be paid by the permittee. Each insurance policy shall be written on aia "Oozarrence Form." 1. Minimum Sec p�.of Insurance Coverage shall be at least as broad as: General Liabit 1�,: Insurance �.;ervices Office form number GL 0002 (Ed. 1-73) covering COMPREHENSIVE GENERAL LIABILITI'' and Insurance Services Office form number GL 0404 (Ed. 5-81) covering BROAD FORM COWRE'H'ENSIVE GENERAL LIABU-ITY ENDORSEMENT; -or- Insurance ; ervices Office form number CG 0001 (Ed. 11-88) covering C0N1\41;RCIAL GENERAL LIABILITY. 2_ Minimum Limits of Insurance General L Aility: The permittee shall maintain limits no less than $1,000,000.00 combined single limit per occurrence, :For bodily injury, personal injury and property damage. 3. Deductibles acid Self-Insured Retentions Any deductihl:es or self-insured retentions must be declared to, and approved by, the County. At the option of the County, ih.- insured shall instruct the insurer to reduce or eliminate such deductibles or self-insured retentions as respects the County, its officers, officials and employees. The deductible and/or self-insured retention of Die policies shall not limit or apply to the permittee's liability to the County and shall be the sole responsibility of the permittee. CITY OF RENTON Planning/Building/Public Works Department 7 e Tanner,Mayor Gregg Zimmerman P.E.,Administrator June 1, 2000 John Woodring, Attorney at Law State& Sawyer Ave NE Olympia, WA 98506 SUBJECT: SUNNYDALE MOBILE HOME PARK DETENTION POND CONTROL STRUCTURE Dear Mr. Woodring; On Monday, May 15, 2000, I visited the Sunnydale Mobile Home Park to survey the detention pond and outfall structure. After careful investigation of the pond, I discovered a second outfall pipe exiting the pond. The initial outfall was surveyed by our consultant is actually an overflow spillway the was constructed fairly recently. Based on a conversation with the Mobile Home Park manager's husband, Mr. Roy,the spillway.along with a manhole and small catch basin were constructed within the last 5 years. The second outfall pipe is actually part of the original outfall, which includes the outfall pipe, manhole and control orifice that was built when the pond was constructed. The pipe was apparently missed by the surveyor because water levels in the pond were high during the time of the survey, making it less visible. Unfortunately, during my visit, I was unable to locate the manhole and control structure, assuming it to be buried somewhere in the vicinity of the location shown on the design plans. The following week the City maintenance crews located the missing structure and determined that a build-up of sediment in the control structure was clogging the low flow orifice, preventing the pond from functioning as intended. Additionally, the sediment build-up is causing the storm system to backup,which may result in flooding during storm events. In view of this recent finding, the City recommends that the owner of the detention facility remove the sediment in the structure and storm pipes as needed to allow proper operation of the pond. If you have any questions concerning this matter,please call me at 425-430-7247. Sincerely, Allen Quynn Pr. ect Manager Surface Wat r Utility cc: Ron Straka H:\DI VISION.S\UTILITIE.S\DOCS\2000-257.doc\tb 1055 South Grady Way- Renton, Washington 98055 ®This paper contains 50%recycled material,20%post consumer 06/10/2002 11: 57 206-296-0196 PROPERTY SERVICES PAGE 05 FILED FOR RECORD AT REQUEST AFTER RECO>;D NG RETURN TO: 20020o EAS i 908 PAGE 003 OF 0e 0.00 King County Prcp rtv Services Division 06/ea/zeez 15. 500 Fourth Avenue,-, Room 500A KING Seattle, WA 98104 Reference No: P-5-2001 Grantor: KING COUNTY Grantee: CITY OF RENTON Legal Des: SEl 16-23-06 Tax ID No: 1623069029 STORM DRAINAGE EASEMENT This agre—raent made this day of , 2002, by and between King County, a political subdivision of the State of WaAiington, hereinafter termed the Grantor, and the ;_ity of Renton, hereinafter termed the Grantee. WITNESSETH: That for and in consideration of mutual benefits, the Grantor herein does by these presents grant auto the Grantee, its successors and assigns, easements and right of way over, through, under <o,-ross and upon the following described property, situated in Icing County, Washington, to .611: EAS EMI i NT "A" This eas(,nent amends the previously executed easement dated February 11, 1985 recorded .trader King County recording #8502150567. The amended easement is described .as follows: That pon.,)n of the NW '/4 of the SE '/4 of Section 16, Township 23 N, Range 5 E, W.M., King Coif ai:y Washington, being a strip of land 15 feet in width having 7.50 feet on each side of the, ,,enterline describer as follows: Commencing at the Southeast corner of said subdivision; thence North 11 04' 11"E along; the L-'ast line thereof 165.61 feet to the point of beginning of said easement and centerline;; thence S 53' 33' 42.7" W a distance of 41.40 feet; thence S 70' 21' 47.9"W a distance c i 117.28 feet; thence S 80' 16' 25.1" W a distance of 123.56 feet; thence S 64' 47' 18" V/ 3 distance of 110.37 feet; thence S 72' 39' 8.5"W a distance of 85.14 feet; to 06/10/2002 11: 57 206-296-0196 PROPERTY SERVICES PAGE 06 UTILITY EASEMENT' Page 2 of 6 the South line of said subdivision and the terminus of said centerline. The sidelines of this easern,mt'shall be lengthened or shortened to meet the parcel boundaries. Together),rith that portion of the Northwest '/,of the Southeast '/4 of Section 16, Township 23 N, Range 5 E, W.M.,King County, Washington, being a strip of land 40 feet in width described as follows: The Southh 40,00 feet of the West 800.00 feet of the Northwest '/d of Section 16, Township 'Z3 North, Range 5 East, W.M., King County, Washington. Purpose: Easement"A" The Grantee shall have the right to construct, reconstruct, operate,rnairttairL �;nd repair its storm drainage pipe line with necessary appurtenances over, under and upon tf(e above,described strip of land. EASEINFF,XT "B" That porti::,n of the Northwest '/4 of the Southeast 1/4 of Section 16,Township 23 North, Range 5 > a>t, W.M., King County, Washington, being a strip of land 40 feet in width described ,pis follows: The "Soutl 0.00 feet of the West 800.00 feet of the Northwest '/4 of the Southeast 'A of Section 1t1, Township 23 North, Range 5 East, W.M.; King County Washington. Purpose:: 1;asement`B" The Grantee shall have the right to construct, reconstruct, operate, maintain, and repair and open storm drainage ditch and service road within the above described strip of tand. The Grant o c and Grantee herein,by accepting and recording this easement mutually covenant and agrl;e to the terms and conditions described in detail in Appendix "A" attached hereto and by this, reference made part of this agreement. DATE this; day of 72002. APPROVET TO KXNG COUNTY, WASHINGTON BY..._...�..� .+.� � r— 13X 1 Harold MeN lly, Acting Se ti n Chief DATE `L� __'�? G ' DATE 06/10/2002 11: 57 206-296-0196 PROPERTY SERVICES PAGE 07 UTILITY EASE MENI Page 3 of 6 STATE OF WA SHE,iGTON) )SS COUNTY OF KING ) I certify that Harold l i G:Nelly signed this instrument,on oath stated that he was authorized by the King County Executive to execute. I'h:instrument,and aclmowledged it as the Acting Chief of Asset Development and Management Section of the Department of Executive Services of King County,Washington to be the fire dry$ voluntary act of said County for the uses and purposes mentioned in the instrument lam' Dated the day of Q' ,200 . 1/1 /�'- /Xtil NOTARY PUl3I,IC n an Apr the State of Was gton, residing at: P /�Y t" My appointment expires: 06/10/2002 11: 57 206-296-0196 PROPERTY SERVICES PAGE 08 APPENDIX "A" Terms ant,conditions applicable to easements"A" and "B" granted by King County. 1. H RMIT REQUIRED: Before any work is performed under this agreement, Grantee muss obtain a right of way construction permit or a special use permit from the Asset Development: and Management Section. To obtain said permit, Grantee shall submit complete plans and specific,,;irions of the proposed project including details of landscaping, and comply with any and all curter provisions as more specifically set forth in the permit application. 2. D_:�,MAGES: In the event that any damage of any kind is caused by Grantee in the course of perf rnming any act authorized by this easement, Grantee shall immediately reimburse thy, dam ged party to the full extent necessary to restore said party to the position he would have held ,absent said damage. 3. ASSESSMENTS: Neither Grantor, nor its property shall be subjected to any charge, assessment or expense arising from, growing out of, or in any way attributable to, the use, occupancy, or.' actions authorized herein,whether within or without the confines of Grantor's property. If Grantor or its property is legally subjected to any such charge, assessment or expense, Grantee ;;hall pay Grantor, as additional compensation for the rights granted in this instrument an am:.,,unt of money equal to any such charge, assessment or expense paid by the Grantor. 4. _H()l.D HARMLESS: The Grantee agrees to protect and save King County, its elected and appoirtled officials and employees while acting within the scope of their duties as such, harmless firrm and against all claims, demands and causes of action of any kind or character, includi cal;the cost of the defense thereof, arising in favor of the Grantee's employees or third parties or �.ecount of personal injuries, death or damage to property arising out of the premises herein or in any way resulting from the acts or omissions of the Grantee and/or its agents, employee-:; or representatives. 5, _HYRIND AND EMPLOYMENT: In all hiring or employment made possible or resulting from thi: agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status or the presence of any ,s:-risory, mental,or physical handicap, unless based upon a bonafide occupational qual itication, and this requirement shall apply to but not be limited to the following: employment, advertising, lay-off or termination, rates of pay or other forms of compensation, aml selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from 11.1us agreement on the ground of sex, race, color, creed, national origin, age, except miniraurn al;e and retirement provisions, marital status, or the presence of any sensor, mental or physic<<1 handicap. Any violation of this provision shall be considered a violation of a material provisio i, of this agreement and shall be grounds for cancellation, termination or suspension in whale or in part of the agreement by the County and may result in ineligibility for further County a�;n;ements. 06/10/2002 11: 57 206-296-0196 PROPERTY SERVICES PAGE 09 UTILITY EASEMENT Pagc 5 of 6 6. Rf's.:';E;RVATIONS: Grantor reserves to itself, licensees, lessees, successors and assigns, the right r.ot only to continue to keep and use or operate all other facilities or structures now upon or bene;a) the surface of, or above, the said described premises, but also the right to install and use or operate other facilities and structures, provided that said installations may be made without sub,,r.<<ntial interference with the use of the said premises as provided in this instrument. 7. AS:';]GNMENT: Neither this easement nor the rights of the Grantee hereunder shall be assignable:in whole or in part without the prior written consent of the Grantor. All the provisions, conditions, requirements and regulations herein contained shall be binding upon the successors an.0 assi.g;ns of the Grantee and all privileges of the Grantee shall be given to such successors and assilms if they were specifically mentioned. 8. TF r;_.�INATION AND ABANDONMENT: If the use of the easement on the premises described, n this instrument for the purposes expressed herein shall be abandoned or discontinued, or if the Grantee violates and provision of this instrument, the said easement shall thereupon cease a.nc terminate, and Grantee shall surrender or cause to be surrendered to Grantor, to its: successors or assigns, the peaceable possession of the said described premises, and title to the said prc raises shall remain in Grantor, or its successors or assigns, free and clear of all rights and claims of Grantee. Upon termination of the easement for any reason, Grantee shall remove at his expense all facilities placed on said property by Grantee and restore the premises to a condition, which is equivalent in all respects to the condition existing prior to installation of the facilities or to a condition, which is satisfactory to Grantor. If Grantee has not accomplished removal and restoration ant the end of a ninety-day period following the effective date of revocation, termimil ion or abandonment, Grantor may accomplish all of the necessary work and charge all of the(:oasts to Grantee. 9. R ISTOR.A.TION AFTER INSTALLATION: Following any construction, Grantee shall ret-urn the Grantor's property to its original condition by fixing any damage Grantee's construction caused to Grantor's property, including but not limited to property damage to slopes, sluubbery, landscaping, fencing, roadway or structures. 10. EMERGENCY SITUATIONS: In the event of an emergency, Grantee shall take immediate steps to perform any necessary repairs, and in the event Grantee fails so to do, Grantor may;perfc,nn said necessary repairs at the sole cost and expense of Grantee. 06/10/2002 11: 57 206-296-0196 PROPERTY SERVICES PAGE 10 UTILITY EASI3MEN1 Page 6 of 6 11. OTHIER APPLICABLE LAWS: Grantee shall comply with all federal, state and local laws, and as;iume all cost and expense and responsibility in connection therewith, without any liability Nvhat:;,oever on the part of the Grantor. Special teens and conditions: I. Th : final design of the Sunnyda.le Mobile Route Park detention facility has been approved for a mo ximum five (5) year release rate equal to 0.764 cubic feet per second and a twenty-five (25) yt;;atr storm detention volume equal to 45,916.0 cubic feet. Any increase in discharge rate shall require prior approval by the Icing County Department of Public Works. 2. Tlt,: improving and upgrading of the drainage ditch for the purpose of enhancing storm water runofl'shall be completed by the City of Renton within four(4)years of the acquisition oil the: its>cessary rights in land owned by the Estate of Anna McMahon referred to in special use p(!rmil AES-122-83. OLYMPIC PIPE LINE COMPANY 2319 LIND AVE. S.W. R.O. BOX 1800 RENTON,WASHINGTON 98057 (425)235-7736 RECEIVE® JUL 13 21070 CITY OF RENTON July 12, 2000 UTILITY SYSTEMS Allen Quynn City of Renton 1055 South Grady Way Renton,i, VIVA 98'055 RE: Sunnydale Downstream Storm System Replacement Project Dear Mr. Quynn: We have reviewed your plans dated June 20, 2000, our comments are as follows; We require an Olympic representative on site when any work is being performed across or over our pipeline. You must maintain a 12" vertical separation clearance. Enclosed is a copy of our General Right of Way Stipulations and Requirements. If you have any further questions or comments you can reach me at 425-235-7767 or via e- mail at reed ke(a)bp.com. WSincerly, Kathy Reed Right of Way Specialist Olympic Pipe Line Company General Right-of-way Stipulations and Requirements We submit the following requirements to prevent conflict with our easement rights: 1, The filing and recording of any subdivision plat should stipulate and describe Olympic's easements, and the deeds and titles to all subdivision lots shall designate Olympic's easement as encumbering said lots. 2. Olympic's easements restrict the placement or construction of any permanent structures, underbrush, trees, fences, or other structures, which would interfere with the operation and maintenance of the pipeline(s). Roadways may cross, but not parallel over the easement. API-1102 calculations for loadings due to road or railroad crossings must be submitted as part of the developers construction plans. See item 8. 3, Any required relocation or encasement of Olympic's pipeline(s) will be at the developer's expense. 4. Development grading should not remove any of the existing ground cover from or add excessive fill over the pipeline(s). Olympic's prior approval to add fill is required. 5. Developers will be required to coordinate design of any utilities crossing Olympic's easement to meet Olympic's clearance requirements. Upon developer's request, Olympic will coordinate a meeting by our field representative with developer's engineers to determine the depth and location of the existing pipeline(s) at any proposed utility and street crossing. 6. The ground cover and clearances for utility line crossing of the pipeline(s) are as follows: a) Minimum ground cover outside roadways: Three feet (3) b) Minimum cover at street gutter flow line or barrow ditch: Three feet (3� c) Water, sewer, and gas service line crossings: 12 inches (12' vertical separation clearance d) Underground telephone conduit: twelve inches (12� minimum clearance. e) Underground electrical conduit: twelve inches (12� minimum clearance, with conduit encased with red-colored concrete five feet (5) each side of pipeline(s). 7. A cathodically protected utility which crosses or is placed adjacent to Olympic must install a test point and perform interference testing between the utility and Olympic. You may contact our Corrosion Technician by calling our Renton office at (425) 235-7736. 8. Olympic requires detailed construction plans for any work within the easement. Olympic requests at least 10 working days for review and comments/approval of plans. Plans should be submitted to: Olympic Pipe Line Company, Right of Way Office, P.O. Box 1800, Renton, WA 98057. 9. Developer's contractors are to provide Olympic Pipe Line Company with forty-eight (48) hours prior notice of any grading or underground crossing over the pipeline(s). Notice to Olympic does not relieve the contractor of any notification responsibility to Call Before You Dig jurisdictions. 10. Olympic's easements restrict the placement of any structure within the easement. This includes concrete thrust blocks, fire hydrants or catch basins within our right of way. Federal DOT Requirements: 195.210 Pipeline location: No pipeline may be located within 50 feet of any private dwelling, or any industrial building or place of public assembly in which persons work, congregate, or assemble, unless it is provided with at least 12 inches of cover in addition to that prescribed in 195.248. 195.248 Cover over buried pipeline The pipeline must be installed so that the cover between the top of the pipe and the ground level, road bed, river bottom, or sea bottom, as applicable, complies with the following: Industrial, commercial, and residential areas For normal excavation— 36" For rock excavation — 30" Drainage ditches at public road and railroads For normal excavation — 36" For rock excavation — 36" Telephone numbers: (800) 664-6661 OPL One Call Office (425) 235-7767 OPL Right of Way Office (425) 483-9022 OPL One Call Fax (425) 271-5320 OPL Renton Fax 887) 481-1666 OPL Woodinville Office (888) 271-8880 OPL 24 hour/emergency only The above comments and stipulations are submitted only as minimum requirements to avoid conflict with existing easement rights. Olympic reserves the right to impose further stipulations or requirements consistant with each individual easement. Should you anticipate any problems regarding these requirements, please advise the Olympic Right of Way office at the earliest opportunity. 0ARGB\Rowret s sh 9/99 a .. . _ .,. ... „�,, � . Allen, Quynri--RE. Special Use Permit ­" From: "Thompson, Bernard" <Bernard.Thompson@METROKC.GOV> To: 'Allen Quynn' <aquynn@ci.renton.wa.us> Date: 5/30/02 8:59AM Subject: RE: Special Use Permit We are moving forward with the execution of the permit and easement. Hopefully, the process will be completed by the end of this week or the first part of next week. SeeYa BT -----Original Message----- From: Allen Quynn [mailto:aquynn@ci.renton.wa.us] Sent: Thursday, May 30, 2002 8:57 AM To: bernard.thompson@metrokc.gov Subject: Special Use Permit Bernard: I just wanted to confirm that you received the Special Use Permit Application which I mailed on May 20 and also get an idea when the permit will be issued. Since time is becoming a critical factor, I would be happy to personally pickup the permit from your office to save mailing time. Also, what is the latest on the Easement Modification? Thanks CITY OF RENTON Planning/Building/PublicWorks Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator March 6, 2002 Mr. Bryan Heath Mail Boxes, Etc. 4120 Douglas Blvd. #306-376 Granite Bay, CA 95746 SUBJECT: SUNNYDALE DOWNSTREAM STORM SYSTEM REPLACEMENT PROJECT TEMPORARY CONSTRUCTION EASEMENT Dear Mr. Heath: The City of Renton is tentatively planning to construct the Sunnydale Downstream Storm System Replacement Project in June of this year. You granted a temporary construction easement in August 2000, giving the City permission to complete the portion of work on your property that involves replacement of the storm pipe that serves the detention pond located in the Sunnydale Mobile Home Park. Unfortunately, due to delays in obtaining state and federal permits, the project construction has been postponed until Summer 2002. The existing temporary construction easement was valid for one year and expired in August 2001. In order to construct the project this summer, I will need to have a valid easement from all affected property owners. I've enclosed a copy of the original, signed temporary easement as well as a new, and unsigned temporary construction easement that has an expiration date of one year from the time it is executed. The signed and unsigned easements are identical. Please sign and date the new temporary construction easement and return it to me to the enclosed postage paid,business reply envelope. If you have any questions, please call me at 425-430-7247. Sincerely, Allen Quynn, roj ct Manager Surface Water Utility cc: John Woodring,Attorney Gail Roy,Sunnydale Mobile Home Park Enclosures H:\DIVISION.S\UTILITIE.S\DOCS\2002\2002-123.doc\tb R E N T O N 1055 South Grady Way-Renton,Washington 98055 ® AHEAD OF THE CURVE This paper contains 50%recycled material,30%post consumer Return Address_ City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055-3232 Title: Temporary Construction Property Tax Parcel Number. 162305902205 Agreement Project File#: SWP-27-2831 Project Name: Sunnydale Downstream Storm System Replacement Project Grantor(s): Grantee(s): 1. West Coast Mgmt.Inc. 1. City of Renton,a Municipal Corporation The Grantor,for and in consideration of mutual benefits,does by these presents,grant,unto tie City of Renton a Municipal Corporation,Grantee herein,its successors and assigns,permission to use for public purposes with necessary appurtenances over,under,through,across and upon the following described real estate,for Right-of-Way purposes,situated in the County of King,State of Washington: LEGAL DESCRIPTION: A portion of the NE '/.of the SE'/.of Section 16,Township 23 N,Range 5 E, W.M., King County described as follows: Commencing at the Southwest corner of said subdivision;thence N 1'04' 11"E along the west line therof 175.00 feet to the point of beginning of said easement;thence N 53'33' 42.7"E a distance of 106.00 feet; thence N 90'00' 00"E a distance of 20.00 feet;thence S 00'00'00"E a distance of 20.00 feet- thence S 90'00' 00" W a distance of 20.00 feet;thence S 53'33'42.7"W a distance of 106.00 feet;thence N 1'04' 11" E a distance of 20.00 feet more or less to the point of beginning. For the purpose of constructing,reconstructing,installing,repairing,replacing,maintaining 105 feet of buried 18-inch corrugated HDPE storm pipe. In addition,approximately 10 feet of existing chain link fence will be removed to allow excavation and installation of storm pipe. The fence shall be restored to its original condition at the completion of work. The Grantee shall,upon completion of any work within the property covered by the agreement,restore the surface of the agreement,and any private improvements disturbed or destroyed during execution of the work,as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee- This permit shall become effective upon execution by the Grantor from date hereof..and shall continue for one year. IN WITNE S WHEREOF, said Grantor has caused this instrument to be executed this day of �. �S-1 206' _ y U r• mot" Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055-3232 Title: Temporary Construction Property Tax Parcel Number: 162305902205 Agreement Project File#: SWP-27-2831 Project Name: Sunnydale Downstream Storm System Replacement Project Grantor(s): Grantee(s): 1. West Coast Mgmt.Inc. 1. City of Renton,a Municipal Corporation The Grantor,for and in consideration of mutual benefits,does by these presents,grant,unto the City of Renton,a Municipal Corporation,Grantee herein,its successors and assigns,permission to use for public purposes with necessary appurtenances over,under,through,across and upon the following described real estate,for Right-of-Way purposes,situated in the County of King,State of Washington: LEGAL DESCRIPTION: A portion of the NE'/4 of the SE '/4 of Section 16,Township 23 N,Range 5 E,W.M., King County described as follows: Commencing at the Southwest corner of said subdivision;thence N 1'04' 11"E along the west line therof 175.00 feet to the point of beginning of said easement;thence N 53°33'42.7"E a distance of 106.00 feet; thence N 90`00' 00"E a distance of 20.00 feet;thence S 00'00' 00"E a distance of 20.00 feet;thence S 90°00' 00"W a distance of 20.00 feet;thence S 53°33'42.7"W a distance of 106.00 feet;thence N 1`04' 11"E a distance of 20.00 feet more or less to the point of beginning. For the purpose of constructing,reconstructing,installing,repairing,replacing,maintaining 105 feet of buried 18-inch corrugated HDPE storm pipe. In addition,approximately 10 feet of existing chain link fence will be removed to allow excavation and installation of storm pipe. The fence shall be restored to its original condition at the completion of work. The Grantee shall,upon completion of any work within the property covered by the agreement,restore the surface of the agreement,and any private improvements disturbed or destroyed during execution of the work, as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. This permit shall become effective upon execution by the Grantor from date hereof, and shall continue for one year. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this day of 120 Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055-3232 Title: Temporary Construction Property Tax Parcel Number: 162305902205 Agreement Project File#: SWP-27-2831 Project Name: Sunnvdale Downstream Storm System Replacement Project Grantor(s): Grantee(s): 1. West Coast Mgmt.Inc. 1. City of Renton, a Municipal Corporation The Grantor,for and in consideration of mutual benefits,does by these presents,grant,unto the City of Renton,a Municipal Corporation,Grantee herein,its successors and assigns,permission to use for public purposes with necessary appurtenances over,under,through,across and upon the following described real estate,for Right-of-Way purposes,situated in the County of King,State of Washington: LEGAL DESCRIPTION: A portion of the NE'/4 of the SE '/4 of Section 16,Township 23 N,Range 5 E, W.M., King County described as follows: Commencing at the Southwest corner of said subdivision;thence N 1°04' 11"E along the west line therof 175.00 feet to the point of beginning of said easement;thence N 53°33' 42.7"E a distance of 106.00 feet; thence N 90°00' 00"E a distance of 20.00 feet;thence S 00°00' 00"E a distance of 20.00 feet;thence S 90°00' 00"W a distance of 20.00 feet;thence S 53°33' 42.7"W a distance of 106.00 feet;thence N 1°04' 11"E a distance of 20.00 feet more or less to the point of beginning. For the purpose of constructing,reconstructing, installing,repairing,replacing,maintaining 105 feet of buried 18-inch corrugated HDPE storm pipe. In addition, approximately 10 feet of existing chain link fence will be removed to allow excavation and installation of storm pipe. The fence shall be restored to its original condition at the completion of work. The Grantee shall,upon completion of any work within the property covered by the agreement,restore the surface of the agreement,and any private improvements disturbed or destroyed during execution of the work, as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. This permit shall become effective upon execution by the Grantor from date hereof,and shall continue for one year. / IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this 6 Z day of 200Z KI QA/Ej� J OF LJ ,n U1V✓�f� RYPr W �5ec��h'aoy N s- I a •3 T0 O To a a° MH Jo x 20OF— 15e-cffm Li F 5 Vq pru�n 03sttoN Qeivnii�1 i a mcnt Pi K Li PI ' • � J �iuwyw(a�y fmm'a 1;3 6 EEH3 /S�r,/ois cry.C...►��1iy�C• ; ♦vf7, Oil %29a LiJ �♦ RENroN oR,p. 3.945 � � Z ���1 1n CU:✓I��- �' co o p p0? p016 y i 0040 �t •gym �l �f I 10 A 0 00 -9 005 - t `Y of RE/V710% 0105 0 ?' r' 1./5 Ac. 0066 0049 0 K e. 0110 '► tJ oils�Rlr �• �� �►"'` 0010 ,0 5 0 h /0 CITY OF RENTON Planning/Building/Public Works Department 7 e Tanner,Mayor Gregg Zimmerman P.E.,Administrator July 11, 2000 Seattle City Light Attn: William Cluckey Room 2808 Real Estate Services 700 Fifth Ave., Suite 3300 Seattle, WA 98104-5031 SUBJECT: SUNNYDALE DOWNSTREAM STORM SYSTEM REPLACEMENT PROJECT—PERMISSION TO CONSTRUCT STORM DRAIN ACROSS SEATTLE CITY LIGHT EASEMENT Dear Bill: Enclosed please find, as requested, 3 copies of the following information to process the review for approval of the installation of a storm pipe across a portion of the Seattle City Light easement: • 90%construction plans. • King County Assessor map showing Seattle City Light Easement and proposed storm line alignment and crossing easement. Color aerial photogrammetry showing location of towers and tower identification numbers. • Legal description of crossing easement. The aerial photo uses green tabs(with tower number)to locate the towers. The distance between the 3 closest towers and the storm line crossing is as follows: Distance between the southerly tower and the crossing=223 feet Distance between the first tower to the north and the crossing=623 feet Distance between the second tower to the north and crossing= 1,542 feet Please let me know if you require additional information at 425-430-7247. Thank you for your consideration in this matter. Sincerely, Allen Quynn, roj ct Manager Surface Wate Utility Enclosure H:\DIVISION.S\UTILITIE.S\DOCS\2000-327.doc\AQ\tb 1055 South Grady Way- Renton, Washington 98055 0 This paper contains 50%recycled material,20%post consumer SEATTLE CITY LIGHT CROSSING LEGAL DESCRIPTION The following is the legal description for the portion of the drainage easement which lies within the Seattle City Light Easement: That portion of the SE 'A of Section 16, Township 23 N,Range 5 E, W.M.,King County, Washington,being a strip of land 15 feet in width having 7.50 feet on each side of the centerline described as follows: Commencing at the center of said subdivision;thence North V 04' 11" E along the East line thereof 165.61 feet to the point of beginning hereinafter Point"A"of said easement and centerline;thence S 53' 33' 42.7"W a distance of 41.40 feet;thence S 70'21' 47.9"W a distance of 77 feet more or less to the westerly boundary of easement which is coincidental with the westerly boundary of the existing Seattle City Light Easement. Together with the following: Commencing at said point"A";thence N 53' 33' 42.7"E a distance of 106.00 feet more or less; thence N 90' 00' 00"E a distance of 20.00 feet to the easterly boundary of easement which is coincidental with the easterly boundary of existing Seattle City Light Easement. AGENDA BILL SCHEDULE AGENDA BILL TITLE < 0 � PREPARED BY: 11, Extension:-MOW � S 0 GREGG'S SIGNATURE - 00 TRANSMIT TO CLERK(Done by IT 11 - 3 - GO JAY'S AGENDA BILL MEETING: 10 am - 7th floor -7 COUNCIL MEETING DATE Refen'�d to a COMMITTEE MEETING DATE(Take Committee Report) COMMITTEE Time: Place: COUNCIL MEETING REPORTED OUT AB-SCH/lf CITY OF RENTON COUNCIL AGENDA BILL Al #: Submitting Data: Planning/Building/Public Works For Agenda of: DepvDiv/Board.. Technical Services Section/Utilities Division November 13, 2000 Staff Contact...... Tom Boyns x7209, Ron Straka x7248 Agenda Status Allen Quynn x7247 Consent.............. X Subject: Public Hearing... La Pianta Amended Drainage Easement for the Sunnydale Correspo MCONCUI?�QENCE Downstream Storm System Replacement Project Ordinanc ............ O Resolutio DATE-1 t Old Busi ss........ NAME ITIAUDA E Exhibits: New Bus' Amended Drainage Easement Study Ses i Informati n r Map !13 Recommended Action: Approvals: Council Concur Legal Dept......... X Finance Dept...... Other............... Fiscal Impact: N/A Expenditure Required... N/A Transfer/Amendment....... N/A Amount Budgeted.......... N/A Revenue Generated......... N/A Total Project Budget N/A City Share Total Project.. N/A Summary of Action: The Planning/Building/Public Works Department requests Council approval of a drainage easement to allow the City to construct and maintain portions of new storm pipe on private property. The new pipe is part of the Sunnydale Downstream Storm System Replacement Project which is proposed to replace 800 feet of old deteriorating storm pipe and structures along a steep slope west of the Sunnydale Mobile Home Park. Approximately 200 feet of the proposed pipe alignment extends into property owned by La Pianta LLC. The realignment of the pipe was necessary to minimize impacts to the adjacent stream during construction. The drainage easement modifies an existing unrecorded temporary Drainage and Maintenance Easement the City obtained on April 30, 1984,to construct and maintain drainage facilities. The current property owner(La Pianta LLC) has agreed to amend the easement to accommodate the current project. Procedure requires approval by the Council to accept and record the easement. STAFF RECOMMENDATION: The Planning/Building/Public Works Department requests that the City Council approve the easement and authorize the Mayor and City Clerk to execute the document. H:DI V/UTIL//DOCS/2000-505/TGB:l f CITY OF RENTON COUNCIL AGENDA BILL Al #: Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Technical Services Section/Utilities Division November 13, 2000 Staff Contact...... Tom Boyns x7209, Ron Straka x7248 Agenda Status Allen Qu nn x7247 Consent.............. X Subject: Public Hearing... La Pianta Amended Drainage Easement for the Sunnydale Correspondence.. Downstream Storm System Replacement Project Ordinance............. Resolution............ Old Business........ Exhibits: New Business....... Amended Drainage Easement Study Sessions...... Map Information......... Recommended Action: Approvals: Council Concur Legal Dept......... X Finance Dept...... Other............... Fiscal Impact: N/A Expenditure Required... N/A Transfer/Amendment....... N/A Amount Budgeted.......... N/A Revenue Generated......... N/A Total Project Budget N/A City Share Total Project . N/A Summary of Action: The Planning/Building/Public Works Department requests Council approval of a drainage easement to allow the City to construct and maintain portions of new storm pipe on private property. The new pipe is part of the Sunnydale Downstream Storm System Replacement Project which is proposed to replace 800 feet of old deteriorating storm pipe and structures along a steep slope west of the Sunnydale Mobile Home Park. Approximately 200 feet of the proposed pipe alignment extends into property owned by La Pianta LLC. The realignment of the pipe was necessary to minimize impacts to the adjacent stream during construction. The drainage easement modifies an existing unrecorded temporary Drainage and Maintenance Easement the City obtained on April 30, 1984, to construct and maintain drainage facilities. The current property owner(La Pianta LLC) has agreed to amend the easement to accommodate the current project. Procedure requires approval by the Council to accept and record the easement. STAFF RECOMMENDATION: The Planning/Building/Public Works Department requests that the City Council approve the easement and authorize the Mayor and City Clerk to execute the document. H:DIV/UTIL//DOCS/2000-505/TGB:lf Return A ddresv: City Clerk's Office City of Renton 1055 South Grady Way Renton WA 98055 Title: DRAINAGE EASEMENT AND Parcel Numbers: 162305-9027,9048 and 9131 MAINTENANCE AGREEMENT Project File#: SPW-27-2831 Project: Sunnydale Downstream Storm System Replacement This instrument hereby terminates and supersedes the previously-executed,unrecorded Drainage and Maintenance Agreement dated April 30 1984 that is attached hereto as pages 7-11 hereof. Grantor(s): Grantee(s): 1. La Pianta LLC, Washington limited liability company 1. City of Renton, a Municipal Corporation The Grantor, for and in consideration of mutual benefits, hereby grants and/or reaffirms to the Grantee a non-exclusive access and drainage easement over,under,along and across the property(the"Easement Areas")Portions of Government Lots 1 and 2,portion of the SW 1/4,and portions of the SE 1/4,all in Section 16,Township 23 North,Range 5 East,W.M., King County, Washington, legally described on Exhibit A(attached hereto as page 3 hereof) and graphically depicted on Exhibit B (attached hereto as pages 4, 5 and 6 hereof) for the purpose of maintaining, operating, repairing, altering, replacing, reconstructing and expanding an existing storm drainage system lying within the Easement Areas with all necessary appurtenances. This easement is granted subject to the following terns and conditions: 1. Grantee shall, at its own cost and expense, operate, maintain, repair, alter, replace, reconstruct and expand the said existing storm drainage system as it may be further expanded, and shall do all things necessary to keep said drainage system open and properly functioning at all times. This includes, without limitation,cleaning the drainage ditclt(es), maintaining(lie pipes and culverts, and removing silt from the ditcli(es)and drainage system ponds as may be reasonably required from time-to-time. 2. Grantee shall have the right, without prior institution of any suit or proceeding at law, at such times as may be necessary, to enter upon said Easement Areas for the purpose of operating, maintaining, repairing, altering, replacing, reconstructing or expanding said storm drainage system or making any connections thereto, without incurring any legal obligation or liability on account of such entry, provided, however, that such entry and all work performed pursuant to this instrument shall be accomplished in a workmanlike manner, and in a way which will not disturb, damage or destroy the improvements on the property. In the event any of the improvements on the Easement Areas are disturbed, damaged or destroyed, Grantee agrees to immediately restore the same to the condition such improvements were in prior to Grantee's entry upon the Easement Areas. 3. Grantee shall provide reasonable notice to Grantor prior to entering the Easement Areas or performing work thereon. Grantee agrees to keep the Easement Areas free of liens or encumbrances arising out of any of the work performed on the Easement Areas pursuant to this agreement. Grantee further agrees to indemnify and hold liarmless Grantor from and against any and all liability, claims, demands, actions or causes of action whatsoever, for personal injury, property damage or otherwise, arising out of or in any way relating to any of the work performed by Grantee pursuant to this agreement. 4. Grantor shall retain the right to use the surface area of the drainage ditches) constructed within the Easement Areas (including without limitation the right to replace the ditches) with a culvert and filling and paving over the ditch(es)), provided that (a) said use may not interfere with storm drainage conveyance, (b) no permanent buildings or structures (other than roadway and utility crossings) may be erected on or over said drainage ditch(es) and (c) said use must be in accordance with applicable federal, state and local law. Grantor, for the benefit of Grantor's abutting property, shall also have the right to jointly use any maintenance roads that Grantee has or may constrict on the Easement Areas and shall be entitled to further improve such roads in connection with the development and use of the Easement Areas and of Grantor's adjacent property. This easement and maintenance agreement shall run with the land described herein and shall be binding upon and inure to the benefit of the parties, their heirs, successors-in-interest and assigns. Grantor covenants that it is the lawful owner of the above-referenced Easement Areas and that it has a good and lawful right to execute this agreement. IN WITNESS WHEREOF,said Grantor has caused this instrument to be executed this day of October,2000. LA PIANTA LLC,a Washington limited liability company E : METRO LAND DEVELOPMENT,INC.,its Manager By: M. A. Segale,PreOdent Approved,Agreed-To and Accepted By Grantee: CiTY OF RENTON By: Jesse Tanner, Mayor Attest: Marilyn Petersen, City Clerk STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this /01Y^day of October, 2000, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared M, A. Segale, to me known to be the person who signed as President of Metro Land Development, Inc., a Washington corporation, Manager of La Pianta LLC, the limited liability company that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation and of said limited liability company for the uses.and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of the corporation and that the corporation was authorized to execute said instrument on behalf of the limited liability company. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. LEE ANN FARAE1ature of Notary) STATE OF WASL NOTARY t or stamp name of Notary) MY COMMISSION E)(PIRARY PUBLIC in and for the State of Washington, residing at &/r- My appointment expires: to 3 ';t 5 ^D e e STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that on the day of 2000 JESSE TANNER appeared before me and acknowledged that he signed the instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of the City of Renton, the Washington municipal corporation that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said City for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute such instrument, and that the seal affixed, if any, is the corporate seal of said City. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires: D:\CF\2418\004\Renton Easement\Drainage Easement&Maint Agmt.(9.21.2000).doc Page 2 EXHIBIT A LEGAL DESCRIPTION OF THE EASEMENT AREAS Parcels A, B, C and D situated in Section 16, Township 23 N, Range 5 E, W.M. in King County, Washington, more particularly described as follows: Parcel A: THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 5 EAST,-W.M. IN KING COUNTY, WASHINGTON LYING WITHIN A STRIP'OF LAND 70.00 FEET IN WIDTH THE NORTH LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 1; THENCE NORTH 89000'53" WEST ALONG THE SOUTH LINE OF GOVERNMENT LOT 1 AND ITS WESTERLY EXTENSION 300.00 FEET TO THE TERMINUS OF THIS LINE; EXCEPT THAT PORTION OF SAID STRIP OF LAND LYING WITHIN THE MAPLE VALLEY HIGHWAY A.K:A, SR 169. Parcel B: THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 5 EAST,W.M. IN KING COUNTY, WASHINGTON LYING WITHIN A STRIP OF LAND 80.00 FEET IN WIDTH THE SOUTH LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 1; THENCE NORTH 89000'53" WEST ALONG THE SOUTH LINE OF GOVERNMENT LOT 1 AND ITS WESTERLY EXTENSION 300.00 FEET TO THE TERMINUS OF THIS LINE. Parcel C: THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 5 EAST,W.M. IN KING COUNTY,WASHINGTON DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE NORTH 010 04' 10" EAST ALONG THE WEST LINE THEREOF 80.00 FEET TO THE NORTH LINE OF THE SOUTH 80.00 FEET OF SAID SUBDIVISION; THENCE SOUTH 89000'53" EAST ALONG SAID NORTH LINE 320.00 FEET; THENCE NORTH 00059'07" EAST 70.00 FEET TO THE NORTH LINE OF THE SOUTH 150.00 FEET OF SAID SUBDIVISION; THENCE SOUTH 89 00 53 EAST ALONG SAID NORTH LINE 200.00 FEET; THENCE SOUTH 00059'07" WEST 90.00 FEET TO THE NORTH LINE OF THE SOUTH 60.00 FEET OF SAID SUBDIVISION; THENCE SOUTH 89000'53" EAST 806.80 FEET TO THE EAST LINE OF SAID SUBDIVISION; THENCE SOUTH 0 1004'18" WEST ALONG SAID EAST LINE 60.00 FEET TO THE SOUTH LINE OF SAID SUBDIVISION; THENCE NORTH 89000'53" WEST ALONG THE SOUTH LINE OF SAID SUBDIVISION 1326.82 FEET TO THE POINT OF BEGINNING. Parcel D: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 5 EAST,W.M. IN KING COUNTY, WASHINGTON LYING WITHIN A STRIP OF LAND 30.00 FEET IN WIDTH THE NORTH LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 89000'53" EAST ALONG THE SOUTH LINE THEREOF 270.00 FEET TO THE TRUE POINT OF BEGINNING OF THIS LINE; THENCE CONTINUING ALONG SAID SOUTH LINE SOUTH 89000'53" EAST 640.00 FEET TO THE TERMINUS OF THIS LINE; EXCEPT THAT PORTION OF SAID STRIP OF LAND LYING WITH THE PLAT OF MAPLEWOOD DIVISION 2 ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 39 OF PLATS AT PAGE 39, RECORDS OF KING COUNTY,WASHINGTON. D:\CR2418\004\Renton Easement\Drainage Easement&Maint Agmt.(9-21-2000).doc Page 3 ' 7 1 � SEC. 16, TWP. 23 N., RGE. 5 E., W M. A3Eoa�,TES a may+ r+d•' 16 15 0 i I Lij z i SW 114 zE- _ I 1,/4 SE - PARCEL C W PARCEL B ! ! I W SCALE: NTS - w I V� i PARCEL A I PARCEL D HWY o (S4 169) THIS EXHIBIT HAS BEEN PREPARED TO ASSIST IN y THE INTERPRETATION OF THE LEGAL DESCRIPTION. THE LEGAL DESCRIPTION SHALL CUL D. HILL DFSICh'E0: PREVAIL IF CONFLICTING INFORMATION BETWEEN C01). ✓. BLUE I THE LEGAL DESCRIPTION AND THE EXHIBIT ARE I c na. B. FREEMAN FOUND. UTE: 8116100 S Am BORM: NTS Tw- 17 16 21 16 15 - - � - - - _♦�� � _ JOB h'II1rBE8 20 21 21 - - - � 00-02:Z 21 22 San h7wm or 3 SEC. 16, T WP. 25 N., RGE. 5 E., W.M. TTIA ATES SW - 714 O -AN 2 'I- Q), v PARCEL C ( W z 70.00' y N00 59'07"E N I 3 90.00 Q ZcoN009'07"EPA R CET B '14- Lu N89'00'53'W N89'00'S3"W 60.00' o 320.00' 200.00' 806.80Lu N89'0053'W 300.00' 1326.82' 270.00' 640.00 kZ W o 34' 80.00' S89 00'53'E L _ _ W m W cc 57' J o MAPLE VA PARCEL A H WY I PA R CEL D WAGS: D. HILL (SR 169) CADD. CeDI?: V. BLUE THIS EXHIBIT HAS BEEN PREPARED TO ASSIST IN D B. FREEMAN nerg 8/I6/00 THE INTERPRETATION OF THE LEGAL sc.9L. Hoxrz NrS DESCRIPTION. THE, LEGAL DESCRIPTION SHALL vw- PREVAIL IF CONFLICTING INFORMATION BETWEEN JOB NMER THE LEGAL DESCRIPTION AND THE EXHIBIT ARE 00-022 FOUND. I sHM Nuimim 2 op 3 1 SEC. 16, TWP. 23 N., RCE. 5 E.,• W.M. n ITRLAD A330aATE5 SE 114 PARCEL C a nn.r r.aanr a h�raanM ..aled.�.� 2 90.00' L" I o N00 59'07"E 60.00' V 3 806.80' Z � n N89'00'53"W - 1326.82' 270.00' 640.00' jQc W S89 cai� NTS W;•I W �i cc' 1 , -;, uj PARCEL D W I ` � O a ti U THIS EXHIBIT HAS BEEN PREPARED TO ASSIST IN I THE INTERPRETATION OF THE LEGAL YWGM- D. HILL ISGNM DESCRIPTION. THE LEGAL DESCRIPTION SHALL CARD: V. BLUE PREVAIL IF CONFLICTING INFORMATION BETWEEN 0HKIM B. FREEMAN THE LEGAL DESCRIPTION AND THE EXHIBIT ARE DATE 8116100 FOUND. SCAM HORIZ: NTS I JOB NUMBER I 00-022 SHEET NUMBER 3 OF 3 DRAINAGE AND MAINTENANCE AGREEMENT PR V-1cus THIS AGREEMENT made and entered into this day of � I , 1984, by and between THOMAS F. MCMAHON, Personal Representative of the Estate of John C. Edwards and the Estate of Anna G. McMahon, Deceased, and Rainier Sand and Gravel, Inc. , a Washington corporation, (hereinafter referred to collectively as "Grantor") , and THE CITY OF RENTON, a municipal corporation, (hereinafter referred to as "Grantee") . W I T N E S S E T H: WHEREAS, Grantor is the owner of certain real property in the City of Renton, and more particularly described herein, upon which is located a temporary storm drainage system for the purpose of draining surface water from surrounding property; and WHEREAS, The City of Renton is desirous of obtaining a right of entry onto Grantor's property for the purpose of maintaining, operating, repairing and replacing said drainage system; and WHEREAS,- Grantor is willing to grant the City of Renton a right of entry upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: 1. Grantor, by this agreement, does hereby grant to Grantee a right of access over, through, across and upon the real property hereinafter described, for the purpose of maintaining, operating, repairing, altering, replacing, or reconstructing an existing storm drainage system with all necessary appurtenances. Said property is located in the City Page 7 of Renton, King County, Washington, and is more particularly described as follows: A parcel of land situate in the SW 1/4 of Section 16, Township 23 N, Range S E, more particularly described as follows: The S. 150.00' of the NE 1/4 of the SW 1/4 of Section 16, Township 23 N, Range S E, W.M. , King County, Washington. TOGETHER with the S 150.00' of the E 440.00' of Govern- ment Lot 1, Section 16, Township 23 N, Range S E, W.M. , King County, Washington. TOGETHER with the N 70.00' of the E 440.00' of Govern- ment Lot 2, Section 16, Township 23 N, Range S E, W.M. , King County, Washington, less SR-169. TOGETHER with the east 350.00 feet of the west 850.00 feet of the north 30 feet of the SW 1/4 of the SE 1/4 of Section 16, Township 23 N. , Range S E, Willamette Meridian, King County, Washington. 2. In consideration for the right of access herein granted, Grantee agrees, at its own cost and expense, to operate, maintain, repair, alter, replace and reconstruct the said storm drainage system, and do all things necessary to keep said drainage system open and properly functioning at all times. This includes, without limitation, the cleaning of the drainage ditch, the maintenance of pipes and culverts, and removal of silt from the ditch and siltation ponds as may be reasonably required from time to time. 3. Grantee shall have the right, without prior institution of any suit or proceedings at law, at such times as may be necessary, to enter upon said property for the pur- pose of operating, maintaining, repairing, altering, replacing or reconstructing said storm drainage system or making any connections therewith, without incurring any legal obligation or liability on account of such entry, provided, however, that such entry and all work performed pursuant to this agreement shall be accomplished in a workmanlike manner, and in a way which will not disturb, damage or destroy the improvements on the property_ in the event any of the improvements are disturbed, dama),cd or destroyed, Grantee agrees to immediately Page 8 restore the same to the condition such improvements were in prior to Grantee's entry upon the property. q. Grantee shall provide reasonable notice to Grantor prior to entering the property or performing work thereon. Grantee agrees to keep the property free of liens or encumbrances arising out of any of the work performed on the property pursuant to this agreement. Grantee further agrees to indemnify and hold harmless Grantor from and against any and all liability, claims, demands, actions or causes of action whatsoever, for personal injury, property damage or otherwise, arising out of or in any way relating to any of the work performed by Grantee pursuant to this agreement. 5. Grantor shall retain the right to use the surface of the drainage ditch, so long as said use does not interfere with storm drainage and so long as no permanent buildings or structures are erected on or over said drainage ditch. G. Grantor and Grantee acknowledge that the existing drainage system located on Grantor's property is a temporary system which may be substantially altered or eliminated entirely at such time as the subject property is developed. Nothing herein contained shall be construed nor is intended to be construed as in any way preventing or precluding Grantor from developing the subject property, provided the existing drainage system is maintained, a suitable replacement drainage system is constructed, or surface water drainage is otherwise adequately provided for in a manner consistent with applicable state and local laws and ordinances. 7. This agreement shall be binding upon and the benefits thereof shall inure to the parties, their heirs, successors, assigns and personal representatives. Page 9 IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. GRANTOR- ESTATE OF JOHN C. EDWARDS By Thomas F. McMahon, Administrator ESTATE OF ANNA G. McMAHON gy1L/� �in 1 111rnc�� Thomas F. McMahon, Executor RAINIER SAND AND GRAVEL, INC. By -r,��1 f rn yo Its President GRANTEE- THE CITY OF RENTON By� STATE OF WASHINGTON ss. COUNTY OF KING ) / On this o:3L? day of � -'r4 1984, before me personally appeared THOMAS• F. McMAHON, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal the day and year first above written. / NOTARY PU LTC ),fi arfd for the ,State of Washington; residing at STATE OF WASHINGTON ) ss. CouNlrY OF KING ) On this ^6 day of ��/', before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared THOMAS F. McMAHON and to me known to be Page 10 the President and respectively, of RAINIER SAND AND GRAVEL, INC. , the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he- l-, authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. / NOTARY PUBLIC ;ki and for the State of Washington; residing at Page 11 Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055-3232 Title: Temporary Construction Property Tax Parcel Number: 162305902205 Agreement Project File#: SWP-27-2831 Project Name: Sunnydale Downstream Storm System Replacement Project Grantor(s): Grantee(s): 1. West Coast Mgmt.Inc. 1. City of Renton, a Municipal Corporation The Grantor,for and in consideration of mutual benefits,does by these presents,grant,unto the City of Renton,a Municipal Corporation,Grantee herein,its successors and assigns,permission to use for public purposes with necessary appurtenances over,under,through,across and upon the following described real estate,for Right-of-Way purposes,situated in the County of King,State of Washington: LEGAL DESCRIPTION: A portion of the NE '/.of the SE'/,of Section 16,Township 23 N,Range 5 E, W.M., King County described as follows: Commencing at the Southwest comer of said subdivision;thence N 1'04' 11"E along the west line therof 175.00 feet to the point of beginning of said easement;thence N 53'33' 42.7"E a distance of 106.00 feet; thence N 90'00' 00"E a distance of 20.00 feet;thence S 00'00'00"E a distance of 20.00 feet;thence S 90'00' 00"W a distance of 20.00 feet;thence S 53'33'42.7"W a distance of 106.00 feet;thence N I'04' 11" E a distance of 20.00 feet more or less to the point of beginning. For the purpose of constructing,reconstructing, installing,repairing,replacing,maintaining 105 feet of buried 18-inch corrugated HDPE storm pipe. In addition,approximately 10 feet of existing chain link fence will be removed to allow excavation and installation of storm pipe. The fence shall be restored to its original condition at the completion of work. The Grantee shall, upon completion of any work within the property covered by the agreement, restore the surface of the agreement,and any private improvements disturbed or destroyed during execution of the work,as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. This permit shall become effective upon execution by the Grantor from date hereof, and shall continue for one year. IN WITNE S WHEREOF, said Grantor has caused this instrument to be executed this day of t. ,s-I 200' MM BOXES ETC, 4120 Douglas Blvd. #306 ai AUG /`}' ^ GmWte Bay, CA 9574£ 20p� '`� "U 277 Olds r r 1 sar_o'=•:' - III tiff i,l„J1,,,l,l„11,,,1,l,l,i„I,l„►11,i T)r-,V-) tic BOXES ETC. 4120 Douglas Blvd. #306 -3'1 L ' �`� '`; pl Gr rite Bay, CA.95 746 '"' a� ►Toy Q ti 4 (,735288AfAR w 11r1lrr1 fitfrrit�rrr/1�errfrrl��er1[tr�►Irrtrlrrrltti �y CITY OF RENTON gOffice of the City Attorney Jesse Tanner,Mayor Lawrence J.Warren MEMORANDUM tCOVED To: Allen Quynn MAR 12 2002 From: Lawrence J. Warren, City Attorney CITY OF RENTON UTILITY SYS3-CMS Date: March 11, 2002 Subject: Sunnydale Storm Pipe Drainage Easement The easement with the changes you have noted is approved to legal form. I would suggest that the reference to the terms and conditions and the easement being amended (noted on the face of the proposed easement just before "Easement A") be adde s before the last paragraph. �::: Lawren J. Warren LJW:tmj cc: Jay Covington into Post Office Box 626 - Renton, Washington 98057 - (425) 255-8678 / FAX 425-255-5474 �q ®This paper contains 50%recycled material,30%post consumer 0�ten�1 02/28/2002 16: 07 206-296-0196 PROPERTY SERVICES PAGE 02 FILED FOR RECORD AT REQUEST AFTER RECORDING RETURN TO: King County Property Services Division 500 Fourth Avenue, Room 500A Seattle, WA 98104 Reference No: Grantor: Grantee: Legal Des: Tax ID No: STORM DRAINAGE EASEMENT This agreement made this day of , 2002, by and between King County, a political subdivision of the State of Washington, hereinafter termed the Grantor, and the City of Renton, hereinafter termed the Cnantee. WITNESSETH: That for and in consideration of mutual benefits,the Grantor herein does by these presents grant unto the Grantee, its successors and assigns, easements and right of way over, through, under across and upon the following described property, situated in King County, Washington, to wit: Adj Tev-y"t� 6_rW Car t0 -eeye,me,rs "A A.1 "l3 (gr«,n fewl k,'v� co, be Fv�,� ih ,�p��r4�i� "A') EASEMENT "A" This easement amends the previously.executed easement dated February 1.1, 1985 recorded under King County recording #8502150567. The amended easement is described as follows: That portion of the NW 1/4 of the SE 1/4 of Section 16, Township 23 N,Range 5 E, W.M., King County Washington, being a strip of land 15 feet in width having 7.50 feet on each side of the centerline describer as follows: G � Commencing at the Southeast orner of said subdivision; thence North 1° 04' 11" E along the East line thereof 109.69 feet to the point of beginning of said easement and centerline; thence S 53' 33' 42.7" W a distance of 41.40 feet; thence S 70' 21' 47.9" W a distance of 117.28 feet; thence S 80' 16' 25.1" W a distance of 123.56 feet; thence S 64' 47' 18" W a distance of 110.37 feet; thence S 72' 39' 8.5" W a distance of 85.14 feet; to 02/29/2002 16: 07 206-296-0196 PROPERTY SERVICES PAGE 03 UTILITY EASEMENT Page 2 of 6 the South line of said subdivision and the terminus of said centerline. The side lines of this easement shall be lengthened or shortened to meet the parcel boundaries. Together with that portion of the Northwest '/,of the Southeast '/d of Section 16, Township 23 N, Range 5 E, W.M., King County, Washington,being a strip of land 40 feet in width described as follows: The South 40.00 feet of the West 800.00 feet of the Northwest '/, of Section 16, Township 23 North, Range 5 East, W.M., King County, Washington. Purpose: Easement"A" The Grantee shall have the right to construct,reconstruct, operate, maintain, and repair its storm drainage pipe line with necessary appurtenances over, under and upon the above described strip of land. EASEMENT"B" That portion of the Northwest ''/a of the Southeast '/d of Section 16, Township 23 North., Range 5 East, W.M., Ding County, Washington,being a strip of land 40 feet in width described as follows: The South 40.00 feet of the West 800.00 feet of the Northwest IA of the Southeast '/4 of Section 16, Township 23 North, Range 5 East, W.M., King County Washington. Purpose: Easement"B" The Grantee shall have the right to construct, reconstruct, operate, maintain, and repair and open storm drainage ditch and service road within the above described strip of land. The Grantor and Grantee herein, by accepting and recording this easement mutually covenant and agree to the terms and conditions described in detail in Appendix"A" attached hereto and by this reference made part of this agreement. DATE this day of , 2002. APPROVED AS TO FORM KING COUNTY, WASHINGTON BY BY Harold McNelly, Acting Section Chief DATE DATE 02/28/2002 16: 07 206-296-0196 PROPERTY SERVICES PAGE 04 UTILITY EASEMENT Page 3 of 6 STATE OF WASHINGTON ) )SS COUNTY OF KING ) I certify that Darold McNelly signed this instrument,on oath stated that he was authorized by the King County Executive to execute the instrument,and aclmowledged it as the Acting Chief of Asset Development and Management Section of the Department of Executive Services of King County,Washington to be the free and voluntary act of said County for the uses and purposes mentioned in the instrument. Dated the day of 20-- NOTARY PUBLIC in and for the State of Washington, residing at: My appointment expires: 02/28/2002 16: 07 206-296-0196 PROPERTY SERVICES PAGE e5 APPENDIX"A" Terms and conditions applicable to easements "A" and`B" granted by King County. 1. PERMIT REQUIRED: Before any work is performed under this agreement, Grantee must obtain a right of way construction permit or a special use permit from the Asset Development and Management Section. To obtain said permit, Grantee shall submit complete plans and specifications of the proposed project including details of landscaping, and comply with any and all other provisions as more specifically set forth in the permit application. 2. DAMAGES: In the event that any damage of any kind is caused by Grantee in the course of performing any act authorized by this easement, Grantee shall immediately reimburse the damaged party to the full extent necessary to restore said party to the position he would have held absent said damage. 3. ASSESSMENTS: Neither Grantor, nor its property shall be subjected to any charge, assessment or expense arising from, growing out of, or in any way attributable to, the use, occupancy, or actions authorized herein, whether within or without the confines of Grantor's property. If Grantor or its property is legally subjected to any such charge, assessment or expense, Grantee shall pay Grantor, as additional compensation for the rights granted in this instrument an amount of money equal to any such charge, assessment or expense paid by the Grantor. 4. HOLD HARMLESS: The Grantee agrees to protect and save King County, its elected and appointed officials and employees while acting within the scope of their duties as such, harmless from and against all claims, demands and causes of action of any kind or character, including the cost of the defense thereof, arising in favor of the Grantee's employees or third parties on account of personal injuries, death or damage to property arising out of the premises herein or in any way resulting from the acts or omissions of the Grantee and/or its agents, employees or representatives. S. 14IRIND AND EMPLOYMENT: In all hiring or employment made possible or resulting from this agreement,there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status or the presence of any sensory, mental, or physical handicap, unless based upon a bonafide occupational qualification, and this requirement shall apply to but not be limited to the following: employment, advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this agreement on the ground of sex, race, color, creed,national origin, age, except minimum age and retirement provisions, marital status, or the presence of any sensor, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this agreement and shall be grounds for cancellation, termination or suspension in whole or in part of the agreement by the County and may result in ineligibility for further County agreements. 02/28/2002 16: 07 206-296-0196 PROPERTY SERVICES PAGE 06 UTILITY EASEMENT Page 5 of 6 6. RESERVATIONS: Grantor reserves to itself, licensees, lessees, successors and assigns, the right not only to continue to keep and use or operate all other facilities or structures now upon or beneath the surface of, or above, the said described premises, but also the right to install and use or operate other facilities and structures, provided that said installations may be made without substantial interference with the use of the said premises as provided in this instrument. 7. ASSIGNMENT: Neither this easement nor the rights of the Grantee hereunder shall be assignable in whole or in part without the prior written consent of the Grantor. All the provisions, conditions, requirements and regulations herein contained shall be binding upon the successors and assigns of the Grantee and all privileges of the Grantee shall be given to such successors and assigns if they were specifically mentioned. 8. TERMINATION AND ABANDONMENT: If the use of the easement on the premises described in this instrument for the purposes expressed herein shall be abandoned or discontinued, or if the Grantee violates and provision of this instrument, the said easement shall thereupon cease and terminate, and Grantee shall surrender or cause to be surrendered to Grantor,to its successors or assigns, the peaceable possession of the said described premises, and title to the said premises shall remain in Grantor, or its successors or assigns, free and clear of all rights and claims of Grantee. Upon termination of the easement for any reason, Grantee shall remove at his expense all facilities placed on said property by Grantee and restore the premises to a condition which is equivalent in all respects to the condition existing prior to installation of the facilities or to a condition which is satisfactory to Grantor. If Grantee has not accomplished removal and restoration ant the end of a ninety-day period following the effective date of revocation, termination or abandonment, Grantor may accomplish all of the necessary work.and charge all of the costs to Grantee. 9. RESTORATION AFTER INSTALLATION: Following any construction, Grantee shall return the Grantor's property to its original condition by fixing any damage Grantee's construction caused to Grantor's property, including but not limited to property damage to slopes, shrubbery, landscaping, fencing, roadway or structures. 10. EMERGENCY SITUATIONS: In the event of an emergency, Grantee shall take immediate steps to perform any necessary repairs, and in the event Grantee fails so to do, Grantor may perform said necessary repairs at the sole cost and expense of Grantee. 11. OTHER APPLICABLE LAWS: Grantee shall comply with all federal, state and local laws, and assume all cost and expense and responsibility in connection therewith, without any liability whatsoever on the part of the Grantor. Special terms and conditions: 1. The final design of the Sunnydale Mobile Home Park detention facility has been ? approved for a maximum five (5) year release rate equal to 0.764 cubic feet per second and a 02/26/2002 16: 07 206-296-0196 PROPERTY SERVICES FADE et UTILITY EASEMENT Page 6 of 6 twenty-five (25)year storm detention volume equal to 45,916.0 cubic feet. Any increase in discharge rate shall require prior approval by the King County Department of Public Works. 2. The improving and upgrading of the drainage ditch for the purpose of enhancing storm water runoff shall be completed by the City of Renton within four (4) years of the acquisition of the necessary rights in land owned by the Estate of Anna McMahon referred to in special use permit 4FS-122-83. 8w-8-1Al s 4 5E.7 D STORM DRAINAGE EASEMENT RECCE F .CIO CH=.N=.L +:,4:*.*+, .no 55 This agreement made this llth day of February 19 85 , by and between King County, a po itiT cal subdivision of the Stat WasFington, hereinafter termed the Grantor, and the City of Renton , hereinafter termed the Grantee. WITNESSETH: That for and in consideration of mutual benefits, the Grantor herein does by these presents grant unto the Grantee, its successors and assigns, easements and right of way over, through, under, across and upon the following described property, situated in King County, Washington, to wit: EASEMENT "A" That portion of the Northwest 1/4 of the Southeast 1/4 of Section 16, Township 23 North, Range 5 East,-W.M., King County, Washington, being a strip of land 15 feet in width having 7.50 feet on each side of the centerline described as follows: COMMENCING at the Southeast corner of said subdivision; thence N 1004'23" E along the East line thereof 170.21 feet to the POINT OF BEGINNING of said easement and centerline; thence S 55041'00" W 50.00 feet; thence S 78000'00" W 87.00 feet; thence N 80°00'00" W 150.00 feet; thence S 67040'00" W 195.00 feet; thence S 53°37'48" W 112.05 feet; to the South line of said subdivision and the terminus of said centerline. Purpose: Easement "A" The Grantee shall have the right to construct, 0 reconstruct, operate, maintain, and repair its storm drainage pipe line in with necessary appurtenances over, under and upon the above described strip of �y land. EASEMENT "B" That portion of the Northwest 1/4 of the Southeast 1/4 of Section 16, Township 23 North, Range 5 East, W.M., King County, Washington, being a strip of land 40 feet in width described as follows: The South 40.00 feet of the West 800.00 feet of the Northwest 1/4 of the Southeast 1/4 of Section 16, Township 23 North, Range 5 East, W.M., King County, Washington. Purpose: Easement "B" The Grantee shall have the right to construct, reconstruct, operate, maintain, and repair an open storm drainage ditch and service road within the above described strip of land. The Grantor and Grantee herein, by accepting and recording this easement mutually covenant and agree to the terms and conditions described in detail in Appendix "A" attached hereto and by this reference made part of this agreement. DATED this 11th day of February 1985 in w KING COUNTY, WASHINGTON m oz o z BY any e e iu TITLE ?--c County Executive STATE OF WASHINGTON) COUNTY OF KING ) ss 1 On this day personally appeared._before me �i9ie.2�J 72o//.yw s to me known to be the County Executive of g County, Washington, the person who signed heabgyt and foregoing instrument for King County for the uses and purposes therein stated and acknowledged to me that he signed the same as the free and voluntary act and deed of King County and that he was authorized to so sign. p GIVEN under my hand and official seal this o7! � day o q,JaAiL y, ih and for t�e State of 'Washington residing a t -Z)4 V 4 .4 L� CITY OF RENTON p" BY t',')OAW\AJ J+ �OCP/� Barbara Y. Shinpoch TITLE Mavor DATE February 8, 1985 - CD " O STATE OF WASHINGTUN) ATTEST>i7;;��6 � erk �� In COUNTY OF KING ) ss y q-i CU On this day personally appeared before me ine Motor Ln to me known to be the person rwho signed the above an oregoing nstrument tor 00 the uses and purposes therein stated and acknowledged to me that he signed the same as the free and voluntary act and deed of the Representative of City and that he was authorized to so sign. GIVEN under my hand and official seal this 8th day of February , 1985 . NO TAR VP in an or the State oington residing a t ��, APPROVED AS TO FORM & LE ITY: BY De uty-P oo,, tin n to n DATE v APPENDIX "A" Terms and conditions applicable to easements "A" and "B" granted by King County. 1. PERMIT REQUIRED: Before any work is performed under this agreement, Grantee must obtain a right of way construction permit or a special use permit from the Real Property Division. To obtain said permit, Grantee shall submit complete plans and specifications of the proposed project including details of landscaping, and comply with any and all other provisions as more specifically set forth in the permit application. 2. DAMAGES: In the event that any damage of any kind is caused by Grantee inkcourse of performing any act authorized by this easement, Grantee shall immediately reimburse the damaged party to the full extent necessary to restore said party to the position he would have held absent said damage. 3. ASSESSMENTS: Neither Grantor, nor its property shall be subjected to any charge, assessment or expense arising from, growing out of, or in any way attributable to, the use, occupance, or actions authorized herein, whether within or without the confines of Grantor's property. If Grantor or its property is legally subjected to any such charge, assessment or expense, Grantee shall pay Grantor, as additional compensation for the rights granted in this instrument an amount of money equal to any such charge, assessment or expense paid by the Grantor. 4. HOLD HARMLESS: The Grantee agrees to protect and save King County, r� its elected—an appointed officials and employees while acting within the scope In of their duties as such, harmless from and against all claims, demands and 0 causes of action of any kind or character, including the cost of defense T-4 thereof, arising in favor of the Grantee's employees or third parties on vaccount of personal injuries, death or damage to property arising out of the premises herein or in any way resulting from the acts or omissions of the Grantee and/or its agents, employees or representatives. 5. HIRING AND EMPLOYMENT: In all hiring or employment made possible or resulting rom tFiis agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status or the presence of any sensory, mental, or physical handicap, unless based upon a bonafide occupational qualification, and this requirement shall apply to but not be limited to the following: employment, advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this agreement on the ground of sex, race, color, creed, national origin, age, except minimum age and retirement provisions, marital status, or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this agreement and shall be grounds for cancellation, termination or suspension in whole or in part of the agreement by the County and may result in ineligibility for further County agreements. 6. RESERVATIONS: Grantor reserves to itself, licensees, lessees, successors an assigns, the right not only to continue to keep and use or operate all other facilities or structures now upon or beneath the surface of, or above, the said described premises, but also the right to install and use or operate other facilities and structures, provided that said installations may be made without substantial interference with the use of the said premises as provided in this instrument. 8. TERMINATION AND ABANDONMENT: If the use of the easement on the premises escr�ib-e-&—in-Tiffs instrument for the purposes expressed herein shall be abandonded or discontinued, or if the Grantee violates any provision of this instrument, the said easement shall thereupon cease and terminate, and Grantee shall surrender or cause to be surrendered to Grantor, to its successors or assigns, the peaceable possession of the said described premises, and title to the said premises shall remain in Grantor, or its I successors or assigns, free and clear of all rights and claims of Grantee. Upon termination of the easement for any reason, Grantee shall remove at his expense all facilities placed on said property by Grantee and restore the premises to a condition which is equivalent in all respects to the condition existing prior to installation of the facilities or to a condition which is satisfactory to Grantor. If Grantee has not accomplished removal and restoration at the end of a ninety day period following the effective date of revocation, termination or abandonment, Grantor may acomplish all of the necessary work and charge all of the costs to Grantee. 9. RESTORATION AFTER INSTALLATION: Following any construction, Grantee shall return the G-r-antor s property to its original condition by fixing any damage Grantee's construction caused to Grantor's property, including but not limited to property damage to slopes, shrubbery, landscaping, fencing, roadway or structures. 10. EMERGENCY SITUATIONS: In the event of an emergency, Grantee shall take imme iaa' to steps to perm any necessary repairs, and in the event Grantee fails so to do, Grantor may perform said necessary repairs at the sole cost and expense of Grantee. - c� 11. OTHER APPLICABLE LAWS: Grantee shall comply with all federal, state and local laws, and assume all cost and expense and responsibility in rrq connection therewith, without any liability whatsoever on the part of Grantor. P2 LO 00 Special terms and conditions: 1. The final design of the Sunnydale Mobile Home Park detention facility has been approved for a maximum five (5) year release rate equal to 0.764 cubic feet per second and a twenty-five (25) year storm detention volume equal to 45,916.0 cubic feet. Any increase in discharge rate shall require prior approval by the King County Department of Public Works. 2. The improving and upgrading of the drainage ditch for the purpose of enhancing storm water runoff shall be completed by the City of Renton within four (4) years of the acquisition of the necessary rights in land owned by the Estate of Anna McMahon referred to in special use permit #FS-122-83. 1�;i S F;E:CEIVE /ys f�\ Pam- IWORV , CITY OF RENTUiV King County Executive Randy Revelle Department of Executive Administration lauraine D.Brekke,Director January 31, 1985 Mr. Richard C. Houghton, Director City of Renton Department of Public Works 200 Mill Avenue South Renton, Washington 98055 RE: Storm Drainage Easement Request Oakhurst Development Our File No. 83-8-141 Dear Mr. Houghton: Please have the enclosed easement signed and then return to this office for final recording. When the easement has been recorded, we will return the original for your records. Sincerely, For CHRIS J. LOUTSIS Real Property Manager B GERALJ `VITT Franchise Utilities Section CJL:GJL:jhv Enclosure 3885 Enclosed is the original recorded Easement in the above captioned case. Real Property Division 500A King County\dminimration Building 500 Fourth Avenue Seattle,Waahington 98104 (2061344.3970 u�—U-141 40567 D STORM DRAINAGE EASEMENT F'ECD F .00 C ASH-SL +.t W:r.».On S� This agreement made this llth day of February 19 85 , by and between King County, a po 1t1ca su division of the tat e o Washington, hereinafter termed the Grantor, and the City of Renton , hereinafter termed the Grantee. i WITNESSETH: That for and in consideration of mutual benefits, the Grantor herein does by these presents grant unto the Grantee, its successors and assigns, easements and right of way over, through, under, across and upon the following described property, situated in King County, Washington, to wit: EASEMENT "A" That portion of the Northwest 1/4 of the Southeast 1/4 of Section 16, Township 23 North, Range 5 East, W.M., King County, Washington, being a strip of land 15 feet in width having 7.50 feet on each side of the centerline described as follows: COMMENCING at the Southeast corner of said subdivision; thence N 1°04'23" E along the East line thereof 170.21 feet to the POINT OF BEGINNING of said easement and centerline; thence S 55041'00" W 50.00 feet; thence S 78000100" W 87.00 feet; thence N 80°00'00" W 150.00 feet; thence S 67040'00" W 195.00 feet; thence S 53°37'48" W 112.05 feet; to the South line of said subdivision and the terminus of said centerline. ' Purpose: Easement "A" The Grantee shall have the right to construct, O reconstruct, operate,maintain, and repair its storm drainage pipe line L0with necessary appurtenances over, under and upon the above described strip of land. �n EASEMENT "B" QD That portion of the Northwest 1/4 of the Southeast 1/4 of Section 16, Township 23 North, Range 5 East, W.M., King County, Washington, being a strip of land 40 feet in width described as follows: The South 40.00 feet of the West 800.00 feet of the Northwest 1/4 of the Southeast 1/4 of Section 16, Township 23 North, Range 5 East, W.M., King County, Washington. Purpose: Easement "B" The Grantee shall have the right to construct, reconstruct, operate,maintain, and repair an open storm drainage ditch and service road within the above described strip of land. The Grantor and Grantee herein, by accepting and recording this easement mutually covenant and agree to the terms and conditions described in detail in Appendix "A" attached hereto and by this reference made part of this agreement. DATED this 11th day of February 1985 . r I.n N KING COUNTY, WASHINGTON 0-- — \ z Cn BY any Re e I -1:v TITLE w o Y oun y xecu ive cY rn > U I AI .. STATE OF WASHINGTON) COUNTY OF KING ) ss On this day personally appeared before me f7A.'Z�y 72o�A to me known to be the 2!�e County Executive of g County, Washington, the person who signed the a o�A and foregoing instrument for King County for the uses and purposes therein stated and acknowledged to me that he signed the same as the free and voluntary act and deed of King County and that lie was authorized to so sign. zzr p GIVEN under my hand and official seal this v7 7 day o .9,rJa'A-a'e , 1h ana Jor the State of Washington residing at,—Da,- ✓,g !� CITY OF RENTON BY �tGAWVJ ,Selxfl�p(P/� Barbar Y. Shinpoch TITLE Mavor DATE February 8, 1985 LD O STATE OF WASHINGTON) ATTEST—22 � t �e� In COUNTY OF KING ) ss j On this day personally appeared before me Barba V, ine Motor in to me known to be the person:-Aho signed the above an oregoing nstrument or m the uses and purposes therein stated and acknowledged to me that he signed the same as the free and voluntary act and deed of the Representative of City and that he was authorized to so sign. GIVEN under my hand and official seal this 8th day of February , 1985 . 01 AR in an or t e State of ington residing at APPROVED AS TO FORM & LELITY: BY Deputy P7osegUting Attorney i DATE APPENDIX "A" Terms and conditions applicable to easements "A" and "B" granted by King County. 1. PERMIT REQUIRED: Before any work is performed under this agreement, Grantee must667faa n right of way construction permit or a special use permit from the Real Property Division. To obtain said permit, Grantee shall submit complete plans and specifications of the proposed project including details of landscaping, and comply with any and all other provisions as more specifically I set forth in the permit application. I 2. DAMAGES: In the event that any damage of any kind is caused by 1 Grantee in-f e ourse of performing any act authorized by this easement, i Grantee shall immediately reimburse the damaged party to the full extent necessary to restore said party to the position he would have held absent said damage. 3. ASSESSMENTS: Neither Grantor, nor its property shall be subjected to any charge, assessment or expense arising from, growing out of, or in any way attributable to, the use, occupance, or actions authorized herein, whether within or without the confines of Grantor's property. If Grantor or its property is legally subjected to any such charge, assessment or expense, Grantee shall pay Grantor, as additional compensation for the rights granted in this instrument an amount of money equal to any such charge, assessment or expense paid by the Grantor. 4. HOLD HARMLESS: The Grantee agrees to protect and save King County, its elected an c. d officials and employees while acting within the scope of their duties as such, harmless from and against all claims, demands and — `� causes of action of any kind or character, including the cost of defense thereof, arising in favor of the Grantee's employees or third parties on vaccount of personal injuries, death or damage to property arising out of the 1.0 premises herein or in any way resulting from the acts or omissions of the co Grantee and/or its agents, employees or representatives. 5. HIRING AND EMPLOYMENT: In all hiring or employment made possible or resulting rom tFis agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status or the presence of any sensory, mental, or physical handicap, unless based upon a bonafide occupational qualificatign, and this requirement shall apply to but not be limited to the following: employment, advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this agreement on the ground of sex, race, color, creed, national origin, age, except minimum age and retirement provisions, marital status, or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this agreement and shall be grounds for cancellation, termination or suspension in whole or in part of the agreement by the County and may result in ineligibility for further County agreements. 6. RESERVATIONS: Grantor reserves to itself, licensees, lessees, successors andassiigns, the right not only to continue to keep and use or operate all other facilities or structures now upon or beneath the surface of, or above, the said described premises, but also the right to install and use or operate other facilities and structures, provided that said installations may be made without substantial interference with the use of the said premises as provided in this instrument. 7. ASSIGNMENT: Neither this easement nor the rights of the Grantee 8. TERMINATION AND ABANDONMENT: If the use of the easement on the premises described in s ins rument for the purposes expressed herein shall be abandonded or discontinued, or if the Grantee violates any provision of this instrument, the said easement shall thereupon cease and terminate, and Grantee shall surrender or cause to be surrendered to Grantor, to its successors or assigns, the peaceable possession of the said described premises, and title to the said premises shall remain in Grantor, or its successors or assigns, free and clear of all rights and claims of Grantee. Upon termination of the easement for any reason, Grantee shall remove at his expense all facilities placed on said property by Grantee and restore the premises to a condition which is equivalent in all respects to the condition existing prior to installation of the facilities or to a condition which is satisfactory to Grantor. If Grantee has not accomplished removal and restoration at the end of a ninety day period following the effective date of revocation, termination or abandonment, Grantor may acomplish all of the necessary work and charge all of the costs to Grantee. 9. RESTORATION AFTER INSTALLATION: Following any construction, Grantee shall return the s property to its original condition by fixing any damage Grantee's construction caused to Grantor's property, including but not limited to property damage to slopes, shrubbery, landscaping, fencing, roadway or structures. 10. EMERGENCY SITUATIONS: In the event of an emergency, Grantee shall take imme iat�ps to per orm any necessary repairs, and in the event Grantee fails so to do, Grantor may perform said necessary repairs at the sole cost and expense of Grantee. 11. OTHER APPLICABLE LAWS: Grantee shall comply with all federal, state Ujand local laws, and assume all cost and expense and responsibility in Nconnection therewith, without any liability whatsoever on the part of Grantor. V) W Special terms and conditions: 1. The final design of the Sunnydale Mobile Home Park detention facility has been approved for a maximum five (5) year release rate equal to 0.764 cubic feet per second and a twenty-five (25) year storm detention volume equal to 45,916.0 cubic feet. Any increase in discharge rate shall require prior approval by the King County Department of Public Works. 2. The improving and upgrading of the drainage ditch for the purpose of enhancing storm water runoff shall be completed by the City of Renton within four (4) years of the acquisition of the necessary rights in land owned by the Estate of Anna McMahon referred to in special use permit #FS-122-83. i i INTEROFFICE CORRESPONDENCE i Date TO; Reed Pro:)erty Division, Kirin Cvunty FROM: Maxine E. Motor, City Clerk I' SUBJECT: Storm Drainaryc Easom nt (Sujnrydale PIobile Home r',rr-10 � i I I i !,1 ------------------------------------------------------------------------------- We return herewith fully executed document(s), as above- captioned, copy of which we have retained for our official public records. Copies should be forwarded to i I i and the other for your file. i i i i Pursuant to your memo of we return herewith document(s), as above-captioned, which have been signed by j City Officials and need to be forwarded for further execution by 'Kind County - i 'We return herewith recorded document(s), as above-captioned, ,copy of which we have retained for our official public records. Copies should be forwarded to appropriate parties and retained as necessary for your files. I Please file a fully executed copy with the City Clerk's office for our permanent records when received. Thank you. MEM:db cc: i I i i ' t5.5-ti-141 4n`E-7 D STORM DRAINAGE EASEMENT RECG F .00 CASH'SL 00 IC This agreement made this llth day of February 19 85 , by and between King County, a po itica su division of the State of WasFiington, hereinafter termed the Grantor, and the City of Renton , hereinafter termed the Grantee. WITNESSETH: That for and in consideration of mutual benefits, the Grantor herein does by these presents grant unto the Grantee, its successors and assigns, easements and right of way over, through, under, across and upon the following described property, situated in King County, Washington, to wit: EASEMENT "A" , That portion of the Northwest 1/4 of the Southeast 1/4 of Section 16, Township 23 North, Range 5 East, W.M., King County, Washington, being a strip of land 15 feet in width having 7.50 feet on each side of the centerline described as follows: COMMENCING at the Southeast corner of said subdivision; thence N 1004,231, E along the East line thereof 170.21 feet to the POINT OF BEGINNING of said easement and centerline; thence S 55°41'00" W 50.00 feet; thence S 78000'00" W 87.00 feet; thence N 80°00'00" W 150.00 feet; thence S 67040'00" W 195.00 feet; thence S 53°37'48" W 112.05 feet; to the South line of said subdivision and the terminus of said centerline. NPurpose: Easement "A" The Grantee shall have the right to construct, O reconstruct, operate,maintain, and repair its storm drainage pipe line Lr) with necessary appurtenances over, under and upon the above described strip of land. EASEMENT "B" OD That portion of the Northwest 1/4 of the Southeast 1/4 of Section 16, Township 23 North, Range 5 East, W.M., King County, Washington, being a strip of land 40 feet in width described as follows: The South 40.00 feet of the West 800.00 feet of the Northwest 1/4 of the Southeast 1/4 of Section 16, Township 23 North, Range 5 East, W.M., King County, Washington. Purpose: Easement "B" The Grantee shall have the right to construct, recons ruct, operate,maintain, and repair an open storm drainage ditch and service road within the above described strip of land. The Grantor and Grantee herein, by accepting and recording this easement mutually covenant and agree to the terms and conditions described in detail in Appendix "A" attached hereto and by this reference made part of this agreement. DATED this llth day of February 1985 . KING COUNTY, WASHINGTON 4 m Or BY any ReQelle to w TITLE �, O Y oun y Executive STATE OF WASHINGTON) COUNTY OF KING ) ss / On this day personally appeared before me �igiee y T2�•�ls� s to me known to be the County Executive of 9 County, Washington, the person who signed the a o and foregoing instrument for King County for the uses and purposes therein stated and acknowledged to me that he signed the same as the free and voluntary act and deed of King County and that he was authorized to so sign. ZZ p GIVEN under my hand and official seal this o7! day o i anB-16r"the State of Washington residing at eD u_ ✓,g !_� I CITY OF RENTON BY Barbara Y. Shinpoch TITLE Mayor DATE February 8, 1985 in ATTEST�� STATE OF WASHINGTON) U3 COUNTY OF KING ) ss ity C terk r jOn this day personally appeared before me ine Motor Uy to me known to be the person:Aho signed the above and foregoing nstrument or GO the uses and purposes therein stated and acknowledged to me that he signed the same as the free and voluntary act and deed of the Representative of City and that he was authorized to so sign. GIVEN under my hand and official seal this 8th day of Febrruuar , 1985 . .���,✓ AR in and for the State of V&Ovington residing at APPROVED AS TO FORM & LEGALITY: BY Deputy Phosefutingl ttorn.ey DATE -T, APPENDIX "A" Terms and conditions applicable to easements "A" and "B" granted by King County. 1. PERMIT REQUIRED: Before any work is performed under this agreement, Grantee must oo aa n right of way construction permit or a special use permit from the Real Property Division. To obtain said permit, Grantee shall submit complete plans and specifications of the proposed project including details of landscaping, and comply with any and all other provisions as more specifically set forth in the permit application. 2. DAMAGES: In the event that any damage of any kind is caused by Grantee in-Efe course of performing any act authorized by this easement, Grantee shall immediately reimburse the damaged party to.the full extent necessary to restore said party to the position he would have held absent said damage. 3. ASSESSMENTS: Neither Grantor, nor its property shall be subjected to any charge, assessment or expense arising from, growing out of, or in any way attributable to, the use, occupance, or actions authorized herein, whether within or without the confines of Grantor's property. If Grantor or its property is legally subjected to any such charge, assessment or expense, Grantee shall pay Grantor, as additional compensation for the rights granted in this instrument an amount of money equal to any such charge, assessment or expense paid by the Grantor. 4. HOLD HARMLESS: The Grantee agrees to protect and save King County, its electe(F an appointed officials and employees while acting within the scope of their duties as such, harmless from and against all claims, demands and causes of action of any kind or character, including the cost of defense v7 r-4 thereof, arising in favor of the Grantee's employees or third parties on N account of personal injuries, death or damage to property arising out of the Ln premises herein or in any way resulting from the acts or omissions of the OD Grantee and/or its agents, employees or representatives. 5. HIRING AND EMPLOYMENT: In all hiring or employment made possible or resulting rom tl-is agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status or the presence of any sensory, mental, or physical handicap, unless based upon a bonafide occupational qualificatign, and this requirement shall apply to but not be limited to the following: employment, advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this agreement on the ground of sex, race, color, creed, national origin, age, except minimum age and retirement provisions, marital status, or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this agreement and shall be grounds for cancellation, termination or suspension in whole or in part of the agreement by the County and may result in ineligibility for further County agreements. 6. RESERVATIONS: Grantor reserves to itself, licensees, lessees, successors and assigns, the right not only to continue to keep and use or operate all other facilities or structures now upon or beneath the surface of, or above, the said described premises, but also the right to install and use or operate other facilities and structures, provided that said installations may be made without substantial interference with the use of the said premises as provided in this instrument. 7. ASSIGNMENT: Neither this easement nor the rights of the Grantee 8. TERMINATION AND ABANDONMENT: If the use of the easement on the premises described in s 5ns rument for the purposes expressed herein shall be abandonded or discontinued, or if the Grantee violates any provision of this instrument, the said easement shall thereupon cease and terminate, and Grantee shall surrender or cause to be surrendered to Grantor, to its successors or assigns, the peaceable possession of the said described premises, and title to the said premises shall remain in Grantor, or its successors or assigns, free and clear of all rights and claims of Grantee. Upon termination of the easement for any reason, Grantee shall remove at his expense all facilities placed on said property by Grantee and restore the premises to a condition which is equivalent in all respects to the condition existing prior to installation of the facilities or to a condition which is satisfactory to Grantor. If Grantee has not accomplished removal and restoration at the end of a ninety day period following the effective date of revocation, termination or abandonment, Grantor may acomplish all of the necessary work and charge all of the costs to Grantee. 1 9. RESTORATION AFTER INSTALLATION: Following any construction, Grantee shall return tfie_CrantT property to its original condition by fixing any damage Grantee's construction caused to Grantor's property, including but not limited to property damage to slopes, shrubbery, landscaping, fencing, roadway or structures. 10. EMERGENCY SITUATIONS: In the event of an emergency, Grantee shall take imme iata a steps to�rm any necessary repairs, and in the event Grantee fails so to do, Grantor may perform said necessary repairs at the sole cost and expense of Grantee. W LO 11. OTHER APPLICABLE LAWS: Grantee shall comply with all federal, state and local laws, and assume- cost and expense and responsibility in H connection therewith, without any liability whatsoever on the part of Grantor. J ilk Go Special terms and conditions: 1. The final design of the Sunnydale Mobile Home Park detention facility has been approved for a maximum five (5) year release rate equal to 0.764 cubic feet per second and a twenty-five (25) year storm detention volume equal to 45,916.0 cubic feet. Any increase in discharge rate shall require prior approval by the King County Department of Public Works. 2. The improving and upgrading of the drainage ditch for the purpose of enhancing storm water runoff shall be completed by the City of Renton within four (4) years of the acquisition of the necessary rights in land owned by the Estate of Anna McMahon referred to in special use permit #FS-122-83. t RECEIVEf WORK - CITY OF RENTU►V King County Executive Randy Revelle Department of Executive Administration Lauraine D.Brekke,Director January 31, 1985 Mr. Richard C. Houghton, Director City of Renton Department of Public Works 200 Mill Avenue South Renton, Washington 98055 RE: Storm Drainage Easement Request Oakhurst Development Our File No. 83-8-141 Dear Mr. Houghton: Please have the enclosed easement signed and then return to this office for final recording. When the easement has been recorded, we will return the original for your records. Sincerely, For CHRIS J. LOUTSIS Real Property Manager B GERAL J/ A ITT Franchise &' Utilities Section CJL:GJL:jhv Enclosure 3 8/85 Enclosed is the original recorded Easement in the above captioned case. neat Property Division 500A King County ldminiatration Building 500 Fourth Avenue Seattle,Washington 98104 (206)344-3970 INTEROFFICE CORRESPONDENCE 1 Date)/"l 1 FROM: Maxine E. Motor, City Clerk SUBJECT: (s �1 ------------------------------------------------- We return herewith fully executed document(s), as above- captioned, copy of which we have retained for our official j public records. Copies should be forwarded to and the other for your file. Pursuant to your memo of we return herewith document(s), as above-captioned, which have been signed by City Officials and need to be forwarded for further execution by We return herewith recorded document(s), as above-captioned, copy of which we have retained for our official public records. Copies should be forwarded to appropriate parties and retained as necessary for your files. Please file a fully executed copy with the City Clerk's office for our permanent records when received. Thank you. MEM:db CC. l� - RECEIVED PUBLIC RKS DEPT. C`TM OFOR NTON King County Executive Randy Revelle Department of Executive Administration lauraine D.Brekke,Director January 31, 1985 '0 RECEIVED (� Mr. Richard C. Houghton, Director �n City of Renton FEB Department of Public Works 1995 200 Mill Avenue South CITY OF Renton, Washington 98055 _____M�tYOR,stty t UN �n OFFICE RE: Storm Drainage Easement Request Oakhurst Development Our File No. 83-8-141 Dear Mr. Houghton: Please have the enclosed easement signed and then return to this office for final recording. When the easement has been recorded, we will return the original for your records. Sincerely, For CHRIS J. LOUTSIS Real Property Manager B GERAL A ITT Franchise Utilities Section CJL:GJL:jhv Enclosure Real Property Division 500A King County ldministration Building 500 Fourth Avenue Seattle,Washinglon 98104 (206)344-3970 CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: March 8,2002 TO: Larry Warren,City Attorney FROM: Allen Quynn /Y SUBJECT: Sunnydale Storm Pipe Drainage Easement Please review the enclosed draft storm drainage easement for the Sunnydale Downstream Storm System Replacement Project. The background behind this easement is as follows: The City proposes to construct a storm pipe this summer to replace an existing pipe that is failing on a steep slope in the vicinity of the Sunnydale Mobile Home Park. The replacement pipe will deviate slightly in alignment from the existing pipe, a portion of which is on King County property. To accommodate the new alignment,the City will need to modify the existing drainage easement with the County (enclosed). Tom Boyns drafted the drainage easement modification back in 2000 and it has subsequently been reviewed by both the County and myself. The enclosed easement is the same easement that Tom drafted except the County reformatted it to suite their requirements. I reviewed document and have only minor changes which are highlighted in the text. Once the County receives our final comments,they will finalize and sign the document. Please call me if you have any questions ext. 7247. cc: File H:\DIVISION.S\UTILITIE.S\DOCS\2002\2002-126.doc\a 02/28/2002 16: 0- 206-•296-0196 PROPERTY SERVICES PAGE 01 � v Thompson, Bernard To: aquynn@ci.rentonwa.us Subject: FILED FOR RECORD AT REQUEST W� rarnonfinoidrano2_doc Enclosed for your review and comments is the draft copy of the storm water utility representing a change in Easement description"K of the easement recorded under AF#8502150567. Should you have questions contact me at 206-296- 0887. Thanks ST RECEIVED Uo 3 5— FEB 2 8 2002 CITY OF RENTON UTILITY SYSTEMS Post-it'Fax Note 7671 Dale D pages To From� �f coMept. Co. Pnone# Phone x Fax Fax 8 1 02/2e/2002 16: 07 206-296-0196 PROPERTY SERVICES PAGE 02 FILED FOR RECORD AT REQUEST AFTER RECORDNG RETURN TO: King County Property Services Division 500 Fourth Avenue, Room 500A Seattle, WA 98104 Reference No: Grantor: Grantee: Legal Des: Tax.ID No: STORM DRAINAGE EASEMENT This agreement made this day of , 2002, by and between King County, a political subdivision of the State of Washington, hereinafter termed the Grantor, and the City of Renton, hereinafter termed the Grantee. WITNESSETH: That for and in consideration of mutual benefits, the Grantor herein does by these presents grant unto the Grantee, its successors and assigns, easements and right of way over, through, under across and upon the following described property, situated in King County, Washington, to wit: EASEMENT "A" This easement amends the previously executed easement dated February 11, 1985 recorded under King County recording #8502150567. The amended easement is described as follows: That portion of the;v'W 1/4 of the SE 1/4 of Section 16, Township 23 N, Range 5 E, W.M., King County Washington, being a strip of land 15 feet in width having 7.50 feet on each side of the centerline describer as follows: Commencing at the Southeast corner of said subdivision; thence North 1° 04' 11" E along the East line thereof 109.69 feet to the point of beginning of said easement and centerline; thence S 53' 33' 42.7" W a distance of 41.40 feet; thence S 70' 21' 47.9" W a distance of 117.28 feet; thence S 80' 16' 25.1" W a distance of 123.56 feet; thence S 641 47' 18" W a distance of 110.37 feet; thence S 72' 39' 8.5" W a distance of 85.14 feet; to 02/28/2002 16: 07 206-296-0196 PROPERTY SERVICES PAGE 03 UTILITY EASEMENT Page 2 of 6 the South line of said subdivision and the terminus of said centerline. The side lines of this easement shall be lengthened or shortened to meet the parcel boundaries. Together with that portion of the Northwest 1/d of the Southeast '/, of Section 16, Township 23 N, Range 5 E, W.M., King County, Washington, being a strip of land 40 feet in width described as follows: The South 40.00 feet of the West 800.00 feet of the Northwest '/, of Section 16, Township 23 North, Range 5 East, W.M., King County, Washington. Purpose: Easement"A" The Grantee shall have the right to construct, reconstruct, operate, maintain, and repair its storm drainage pipe line with necessary appurtenances over, under and upon the above described strip of land. EASEMENT "B" That portion of the Northwest 1/4 of the Southeast '/a of Section 16, Township 23 North, Range 5 East, W.M., King County, Washington, being a strip of land 40 feet in width described as follows: The South 40.00 feet of the West 800.00 feet of the Northwest 14 of the Southeast 1A of Section 16, Township 23 North., Range 5 East, W.M., King County Washington. Purpose: Easement"B" The Grantee shall have the right to construct, reconstruct, operate, maintain, and repair and open storm drainage ditch and service road within the above described strip of land. The Grantor and Grantee herein, by accepting and recording this easement mutually covenant and agree to the terms and conditions described in detail in Appendix "A" attached hereto and by this reference made part of this agreement. DATE this day of , 2002. APPROVED AS TO FORM KING COUNTY, WASHINGTON BY BY Harold McNelly, Acting Section Chief DATE DATE 02/28/2002 16: 07 206-296-0196 PROPERTY SERVICES PAGE 04 UTILITY BASEMENT Page 3 of 6 STATE OF WASHINGTON ) )SS COUNTY OF KING ) I certify that Harold McNelly signed this instrument,on oath stated that he was authorized by the King County Executive to execute the instrument,and acknowledged it as the Acting Chief of Asset Development and Management Section of the Department of Executive Services of King County,Washington to be the free and voluntary act of said County for the uses and purposes mentioned in the instrument. Dated the day of 1 20—— NOTARY PUBLIC in and for the State of Washington, residing at: Ivly appointment expires: 02/29/2002 16: 07 206-296-0196 PROPERTY SERVICES PAGE 05 APPENDIX"A" Terms and conditions applicable to easements "A" and "B" granted by King County. 1. PERMIT REQUIRED: Before any work is performed under this agreement, Grantee must obtain a right of way construction permit or a special use permit from the Asset Development and Management Section. To obtain said permit, Grantee shall submit complete plans and specifications of the proposed project including details of landscaping, and comply with any and all other provisions as more specifically set forth in the permit application. 2. DAMAGES: In the event that any damage of any kind is caused by Grantee in the course of performing any act authorized by this easement, Grantee shall immediately reimburse the damaged party to the full extent necessary to restore said party to the position he would have held absent said damage. 3. ASSESSMENTS: Neither Grantor, nor its property shall be subjected to any charge, assessment or expense arising from, growing out of, or in any way attributable to, the use, occupancy, or actions authorized herein, whether within or without the confines of Grantor's property. If Grantor or its property is legally subjected to any such charge, assessment or expense, Grantee shall pay Grantor, as additional compensation for the rights granted in this instrument an amount of money equal to any such charge, assessment or expense paid by the Grantor. 4. HOLD HARMLESS: The Grantee agrees to protect and save King County, its elected and appointed officials and employees while acting within the scope of their duties as such, harmless from and against all claims, demands and causes of action of any kind or character, including the cost of the defense thereof, arising in favor of the Grantee's employees or third parties on account of personal injuries, death or damage to property arising out of the premises herein or in any way resulting from the acts or omissions of the Grantee and/or its agents, employees or representatives. 5. 14MND AND EMPLOYMENT: In all hiring or employment made possible or resulting from this agreement,there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status or the presence of any sensory, mental, or physical handicap, unless based upon a bonafide occupational qualification, and this requirement shall apply to but not be limited to the following: employment, advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this agreement on the ground of sex, race, color, creed, national origin, age, except minimum age and retirement provisions, marital status, or the presence of any sensor, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this agreement and shall be grounds for cancellation, termination or suspension in whole or in part of the agreement by the County and may result in ineligibility for further County agreements. 02/28/2002 16: 07 206-296-0196 PROPERTY SERVICES PAGE 06 UTILITY EASEMENT Page 5 of 6 6. RESERVATIONS: Grantor reserves to itself, licensees, lessees, successors and assigns, the right not only to continue to keep and use or operate all other facilities or structures now upon or beneath the surface of, or above, the said described premises, but also the right to install and use or operate other facilities and structures, provided that said installations may be made without substantial interference with the use of the said premises as provided in this instrument. 7. ASSIGNMENT: Neither this easement nor the rights of the Grantee heremider shall be assignable in whole or in part without the prior written consent of the Grantor. All the provisions, conditions, requirements and regulations herein contained shall be binding upon the successors and assigns of the Grantee and all privileges of the Grantee shall be given to such successors and assigns if they were specifically mentioned. 8. TERMINATION AND ABANDONMENT: If the use of the easement on the premises described in this instrument for the purposes expressed herein shall be abandoned or discontinued, or if the Grantee violates and provision of this instrument, the said easement shall thereupon cease and terminate, and Grantee shall surrender or cause to be surrendered to Grantor, to its successors or assigns, the peaceable possession of the said described premises, and title to the said premises shall remain in Grantor, or its successors or assigns, free and clear of all rights and claims of Grantee. Upon termination of the easement for any reason, Grantee shall .remove at his expense all facilities placed on said property by Grantee and restore the premises to a condition which is equivalent in all respects to the condition existing prior to installation of the facilities or to a condition which is satisfactory to Grantor. If Grantee has not accomplished removal and restoration ant the end of a ninety-day period following the effective date of revocation, termination or abandonment, Grantor may accomplish all of the necessary work.and charge all of the costs to Grantee. 9. RESTORATION AFTER INSTALLATION: Following any construction, Grantee shall return the Grantor's property to its original condition by fixing any damage Grantee's construction caused to Grantor's property, including but not limited to property damage to slopes, shrubbery, landscaping, fencing, roadway or structures. 10. EMERGENCY SITUATIONS: In the event of an emergency, Grantee shall take immediate steps to perform any necessary repairs, and in the event Grantee fails so to do, Grantor may perform said necessary repairs at the sole cost and expense of Grantee, 11. OTHER APPLICABLE LAWS: Grantee shall comply with all federal, state and local laws, and assume all cost and expense and responsibility in connection therewith, without any liability whatsoever on the part of the Grantor. Special terms and conditions: 1. The final design of the Sunnydale Mobile Home Park detention facility has been ? approved for a maximum five (5) year release rate equal to 0.764 cubic feet per second and a 02/28/2002 16: 07 206-296-0196 PROPERTY SERVICES PAGE 07 UTILITY EASEMENT Page 6 of 6 twenty-five (25) year storm detention volume equal to 45,916.0 cubic feet. Any increase in discharge rate shall require prior approval by the King County Department of Public Works. 2. The improving and upgrading of the drainage ditch for the purpose of enhancing storm water runoff shall be completed by the City of Renton within four (4) years of the acquisition of the necessary rights in land owned by the Estate of Anna McMahon referred to in special use permit 4FS-12.2-83. ti�Y o City of Renton e: PLANNING/BUILDING/ PUBLIC WORKS DEPARTMENT Utility Systems - Floor 55 South Grad Fifth y Way y Date: 03/07/02 Renton, WA 98055 TO: Bernard Thompson FROM: Allen Quynn King County Property Services Division Phone: (206) 296-0887 Phone: (425) Fax Phone: (206) 296-0196 Fax Phone: (425) 430-7241 ISUBJECT: Sunnydale Utility Easement I Number of pages including cover sheet (� REMARKS: ❑ Original to ❑ Urgent ❑ Reply ❑ Please For your be mailed ASAP Comment review Sunnydale Storm Pipe: I've enclosed a copy of the draft Utility Easement for the Sunnydale Storm Project. I just have a few minor edits which I've included in the text. The changes are as follows: On page one, third paragraph under Easement"A", replace "109.69"with "165.61". This was a correction to a previous easement I sent via email to Audie Neuson on July 11, 2000. Please see fax. I would also add a sentence referencing Appendix"A" on the first page under"WITNESSETH". 911 Center Access Road Storm Pipe: I've included a copy of the easement document granting the City permission to construct the storm pipe in the access road. I don't see anywhere in the document where it talks about having to obtain a right-of-way permit to do the work. However, as we discussed, I will send you a letter requesting permission for our contractor to enter the site. We are scheduled to go to construction on the first of April. John Cassidy is well aware of the project ti�Y o City of Renton U „ PLANNING/BUILDING/ ♦ + PUBLIC WORKS DEPARTMENT Utility Systems - Fifth Floor 1055 South Grady Way Date: 07/12/00 Renton, WA 98055 TO: Audie Neuson FROM: Allen Quynn King County Property Services Division Phone: ( ) Phone: (425) 430-7247 Fax Phone: (206) 296-0196 Fax Phone: (425) 430-7241 SUBJECT: Sunnydale Downstream Number of pages including cover sheet Storm System Replcaement Project REMARKS: ❑ Original to ❑ Urgent ❑ Reply ❑ Please E For your be mailed ASAP Comment review Audie: I've attached an enlarged copy of the King County Assessor Map (Map number SE 16-23-5) with the proposed drainage easement plotted on it. Also included are the bearings and distances for each segment of the easement. I did not include the existing drainage easement but it basically follows the existing pipe alignment which is plotted on the map. The construction plans show both easements in better detail. Please give me a call if there is any further information you need. Thanks again for your help. 8� 1�6 O Z JU V /►'1 �Q►� ��µ� u �� �"�—==--.�;� of ._._.._ wa'S '^.1�� kgwa 'CIS r'°so�ad Esc 0 04 L L r1 �.�yo 't o M $1 L h ah) S rr I'<'L �/ jIl/J � l•�c� S � � i � � M�Y,�J� WI�S � o 40 s al ION �. n MAI S '2 y - CITY OF RENTON ,' Planning/Building/Public Works Department J e Tanner,Mayor Gregg Zimmerman P.E.,Administrator March 3, 2000 Gail Roy Sunnydale Mobile Home Park 375 Union Ave. Southeast Renton, WA 98059 SUBJECT: REPLACEMENT OF EXISTING STORM DRAIN—SUNNYDALE MOBILE HOME PARK RIGHT OF ENTRY REQUEST Dear Mrs. Roy: The City of Renton is requesting permission to allow a survey crew to enter onto the Sunnydale Mobile Home Park property for the purpose of conducting a field survey of the existing storm drain located on the southeast corner of said property(see attached map). The storm pipe begins at a manhole located in the maintenance road adjacent to the retention pond and continues down a steep slope,to the west approximately 700 feet, where it terminates at the outfall that discharges into an existing drainage channel. Approximately 100 feet of the pipe, extending from the manhole down the slope, lies within the Sunnyale Mobile Home Park property. The remaining portion of the pipe crosses property owned King County in a drainage easement dedicated to the City of Renton. In addition, the pipe crosses Olympic Pipeline and Bonneville Power Administration (BPA) utility easements located on both King County property and the Sunnydale Mobile Home Park property. The purpose of the survey is to obtain information necessary to design and construct a replacement storm pipe. The City has made the replacement of this pipe a priority for the following reasons: • The existing pipe is located in an area subject to erosion and slope instability. • Evidence of progressive erosion of the surrounding soils supporting the storm system and associated structures, which could result in pipe failure. • City maintenance crews videotaped the upper portion of storm pipe where it crosses Olympic Pipeline and Bonneville Power easements (within the mobile home park property) and discovered joint separation along a 60-foot stretch of pipe. This could present a potential hazard to the integrity of Olympic Pipeline's facilities should the soil in the vicinity of the storm drain become saturated causing the petroleum lines to fail. There was also extensive plant root intrusion worsening and reducing the capacity of the pipe. \\CI;NTRAL\SYS2\DEPTS\PL3PW\DI VISION.S\UTILITIE.S\DOCS\2000-106.docRJS\AQ\tb 1055 South Grady Way - Renton, Washington 98055 0 Thls paper p,,,t�orS r ,Mar-06-00 09 : 38P P_ 02 John E. Woodring Attorney at Law State & Sawyer Building, Suite 201 2120 State Avenue N.E. Olympia, Washington 98506 (360) 754-7667 FAX (360) 754-0249 SENT VIA FACSIMILE (425) 430-7241. ORIGTN,&L MAILED March 7 , 2000 Ronald Straka , P. E. Utility Engineering Supervisor Surface Water Utility City of Renton 1055 South Grady Way Renton, WA 98055 Re: Replacement of existing Storm Drain-Sunnydale Mobile Home Park Right of Entry RQquest Dear Mr. Straka: I represent Sunnydale Mobile Home Park and its owners the Heath family. Your correspondence of March 3 , 2000 , addressed to Park Manager Gail Roy has been referred to me for further action. My clients have several questions that, hopefully, you can respond to regarding the storm pipe in the Park. 1. The existing pipe is apparently located in an area subject to erosion and slope instability. Is the area eroding and instability to the point where the pipe needs to be replaced now? If not, what is the City Engineer's prognosis on future timing on the progressive erosion of the area for when the place will need to be replaced? 2 . If soil erosion and slope instability are the problems, should these issues be addressed? 3 . What is the magnitude of the joint separation along the 60 feet stretch of pipe over the Olympia Pipeline and BPA easements? How serious is this separation at this time and in the future? Mar-06-00 09 : 38P P . 03 Correspondence to Ronald Straka, P.E. Re: Replacement of existing Storm Drain-Sunnydale Mobile Home Park Right of Entry Request March 7, 2000 Page Two 4 . What is the nature and magnitude of the hazard to Olympia Pipeline's facilities? With the water table in the area, what is the risk of the soil being saturated around the Pipeline's facilities from the storm pipe? 5 . How significant to the capacity and proper functioning of the storm pipe and stormwater drainage is the plant root intrusion? 6 . What are the projected costs for the Park for replacing as compared to repairing the pipe? Is repairing versus replacement a viable alternative? Your response to these questions will be helpful to my client in assessing the situation. Please call me at your convenience. Sincerely, 1 �� a . HN E. WOOD NG J�Ittorney at Law JEW: AA cc : Bryan Heath via facsimile Gail Roy via facsimile Mar-06-00 09 : 38P P . 01 JOHN E. WOODRING Attorney at Law State & Sawyer Building, Suite 201 2120 State Avenue N.E. Olympia, Washington 98506 ( 360) 754-7667 FAX (360) 754-0249 TELECOPY TRANSMITTAL COVER SHEET TO: Ronald Straka, P.E. DATE: 03/07/00 Utility Engineering Supervisor AT: Surface Water Utility TIME: 9: 30 City of Renton FAX NO. (425) 430-7241 NUMBER OF PAGE SENT (including cover sheet) : 3 SPECIAL NOTES: Attached is a copy of the Marcy 7 2000 correspondence addressed to you. Please call with any questions This facsimile transmission (and/or the documents accompanying it) may contain confidential information belonging to the sender which is protected by the attorney-client privilege. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distributions or the taking of any action in reliance on the contents of this information is strictly prohibited. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE TO ARRANGE FOR RETURN OF THE DOCUMENTS. If you DO NOT receive all copies or if they are inadequate, please call DANNI or JOHN at the above number. CITY OF RENTON ..LL Planning/Building/Public Works Department J e Tanner,Mayor Gregg Zimmerman P.E.,Administrator July 13, 2000 Mr. John Woodring, Attorney at Law State & Sawyer Building, Suite 201 2120 State Avenue N.E. Olympia, WA 98506 SUBJECT: SUNNYDALE DOWNSTREAM STORM REPLACMENT PROJECT— TEMPORARY CONSTRUCTION EASEMENT MODIFICATION Dear Mr. Woodring: The enclosed temporary construction easement supercedes the previous easement mailed to your office on July 3, 2000. There was an error in the legal description which has been corrected. The legal description should read: "Commencing at the Southwest corner of said subdivision;thence N 1° 04' 11" along the west line therof 175.00 feet to the point of beginning.....". I've also included a copy of the 90% construction plan set(minus the detail sheets)and the King County Assessor Map depicting the location of the existing and proposed storm pipes and the temporary construction easement. If you have any questions, please call me at 425-430-7247. Sincerely, Allen Quynn, roj ct manager Surface Water Utility H:\DIVISION.S\UTILITIE.S\DOCS\2000-333.doc\tb 1055 South Grady Way-Renton, Washington 98055 9 This paper contains 50%recycled material,20%post consumer =�Allen-C,luynn Sunnydale Downstream Storm Stsytem Replacment Protect- Easement Modification Request Page 1 From: Allen Quynn To: Neuson, Audie Date: 7/11/00 10:02AM Subject: Sunnydale Downstream Storm Stsytem Replacment Project- Easement Modification Request Attached is the modified easement for the above mentioned project. Unfortunately, the previous one which was e-mailed to you about two weeks ago has a mistake. In the third paragraph of the legal description, the distance of 109.69 should read "165.61". Please disregard the previous easement. Sorry for the error. EXHIBIT"A" LEGAL DESCRIPTION (Must be stamped by a P.E.or L.S.) This easement amends the previously executed easement dated February 11, 1985 recorded under King County recording #8502150567. The amended easement is described as follows: That portion of the NW '/,of the SE'/4 of Section 16,Township 23 N,Range 5 E,W.M.,King County,Washington,being a strip of land 15 feet in width having 7.50 feet on each side of the centerline describer as follows: Commencing at the Southeast corner of said subdivision;thence North 1°04' 11"E along the East line thereof 165.61 feet to the point of beginning of said easement and centerline;thence S 53°33' 42.7"W a distance of 41.40 feet;thence S 70'21' 47.9"W a distance of 117.28 feet;thence S 80° 16'25.1"W a distance of 123.56 feet;thence S 64'47' 18"W a distance of 110.37 feet;thence S 72'39' 8.5"W a distance of 85.14 feet;to the South line of said subdivision and the terminus of said centerline. The side lines of this easement shall be lengthened or shortened to meet the parcel boundaries. Together with that portion of the Northwest '/4 of the Southeast '/4 of Section 16, Township 23 N, Range 5 E, W.M., King County,Washington,being a strip of land 40 feet in width described as follows: The South 40.00 feet of the West 800.00 feet of the Northwest '/4 of the Southeast '/4 of Section 16, Township 23 North, Range 5 East,W.M.,King County,Washington. C:\TEMP\2000-283.doc\ Page 3 FORM 03 0000/bh/CA2-21-97 Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton WA 98055 Title: UTILITIES EASEMENT Property Tax Parcel Number: 162305900308 Project File#: SPW-27-2831 Street Intersection or Project Name:Sunnydale Downstream Storm System Replacement Project Reference Number(s)of Documents assigned or released: 8502150567 reference numbers are on page Grantor(s): Grantee(s): 1. King County 1. City of Renton,a Municipal Corporation The Grantor,as named above,for or and in consideration of mutual benefits,hereby grants,bargains,sells and delivers to the above named Grantee,the following described property LEGAL DESCRIPTION:A Portion of the NW 1/4,SE'/4, S16,T 23N,R5E,W.M.described in Exhibit A hereof. For the purpose of constructing,reconstructing,installing,repairing,replacing,enlarging,operating and maintaining utilities and utility pipelines,including,but not limited to,water,sewer and storm drainage lines,together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefore. Following the initial construction of its facilities,Grantee may from time to time construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions: 1. The Grantee shall,upon completion of any work within the property covered by the easement,restore the surface of the easement,and any private improvements disturbed or destroyed during execution of the work,as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. 2. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. 3. Grantor shall not,however,have the right to: a. Erect or maintain any buildings or structures within the easement;or b. Plant trees,shrubs or vegetation having deep root patterns which may cause damage to or interfere with the utilities to be placed within the easement by the Grantee;or C. Develop,landscape,or beautify the easement area in any way that would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein. d. Dig,tunnel or perform other forms of construction activities on the property which would disturb the compaction or unearth Grantee's facilities on the right-of-way,or endanger the lateral support facilities. e. Blast within fifteen(15)feet of the right-of-way. This easement shall run with the land described herein,and shall be binding upon the parties,their heirs, successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. IN WITNESS WHEREOF,said Grantor has caused this instrument to be executed this_day of 2000. INDIVIDUAL FORM OFACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: REPRESENTATIVE FORM OFACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument,on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: CORPORATE FORM OFACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING } On this day of 19 ,before me personally appeared to me known to be of the corporation that executed the within instrument,and acknowledge the said.instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: C:\TEMP\2000-283.doc\ Page 2 FORM 03 0000/bh/CA2-21-97 Map]Exhibit C:\TEMP\2000-283.doc\ Page 4 FORM 03 0000/bh/CA2-21-97 CITY OF RENTON Planning/Building/Public Works Department 7esse Tanner,Mayor Gregg Zimmerman P.E.,Administrator June 21,2000 Mr. Audie Neuson King County Property Services Division King County Administration Building 500 Fourth Ave., M.S. ADM-CF-0500 Seattle, WA 98104 SUBJECT: EASEMENT AMENDMENT FOR THE SUNNYDALE DOWNSTREAM STORM SYSTEM REPLACEMENT PROJECT Dear Mr.Neuson: The City is in the process of completing the design phase of a replacement storm system for Sunnydale Mobile Home Park located just north of SE 5`I'Street in the City of Renton(see enclosed map Page One). To improve the existing pipe,the proposed alignment of the new storm line has been modified,necessitating amending the existing drainage easement. The existing drainage easement is with King County(Rec.No. 8502150567)and actually includes two easements labeled Easement"A"and Easement`B"(see Enclosed Pages 2-3). The proposed storm drain alignment will require amending Easement"A"only. The amended easement would result in a total area for Easement"A"of 7,170 sq.ft.,which is 1,680 sq. ft. less than the existing easement. In consideration of the above, it is requested that King County sign and return the enclosed amended drainage easement. Thank you for your attention to this request. Sincerely, a/, Allen Quynn,6rojit Manager Surface Water Utility Enclosure: Maps(3 Pages) Amended Drainage Easement w/return envelope H:\DIVISION.S\UTILITIE.S\DOCS\2000-291.doc\AQ\tb 1055 South Grady Way-Renton,Washington 98055 0 This paper contains 50%recycled material,20%post consumer 1 PAGE ONE NE 12TH ST " NE p/ tX �asE T �+ ® NE 1aTH SE i' z ` 11 ST N 6T11 ST z < < 11�r .fia 4'i IP = Z IPA I, ME _ ' T < N 6TH sT W J ig a y N 4TH ST y ♦4 NE 4TH ST y " Sao sr g` 51 14 n� 'Ro 00 + VP % 40 ST ,69 S~DALE MOBILE HOME ST"_ y ` PARK < ST i sE NTH ST S 6TH ST PROJECT N � S 7TF1 LT Sl �+ LOCATION 8 �t G�pAR an RENTON BU�JN�H N ,e9SE Z Puc" f S / N f- PURPOSE: PROJECT TITLE: PROPOSED WORK: / To reduce erosion and Sunnydale Downstreom Replace existing damaged pipe. landslide potential. Storm Improvement Project structures, and eroding outfoll with N i new pipe, improved alignment and DIRECTIONS TO SITE: ADJACENT PROPERTY OWNERS: outfoll location, and energy Take 1-405 South to Maple Volley King County dissipotor. Hwy. (SR169), Eost on SR169 to SHEET TITLE: VICINITY MAP AT: Township 23N. Range 5E SE 5th_ A mointenonce access Section 16 r i / rood to the site is located just SCALE: NOT TO SCALE west of SE Sth_ SHEET: 1 of 3 I 1 ASSISTANCE BY: Entronco j DATUM: City c,f Renton LIRA`^ BY: GLSJ DATE: may 2000 s N ��-- N LLJ 5 �— U CLLP UU ~ - O '0'0 H �.O N Z W (Dtn (D O \LLI U M N cV NNm UJ 0 W W ( 0 W W 3 i L- I E O [N Z W U 0-_ W �W I a d o UO cv Q- a-Of W 2 W� d 11`� — n G�00Oro U W 131-au n i Z� J� /� n r QL- w PURPOSE: PROJECT TITLE: PROPOSED WORK: i To reduce erosion and Sunnydole Downstream Replace existing damaged pipe. N landslide potential. Storm improvement Project structures, and eroding outfoll with new pipe. improved alignment and $� ADJACENT PROPERTY OWNERS: outfoll location. and energy 2Q5 DIRECTIONS TO SITE: King County Take I-405 South to Mople Volley dissipotor. Hwy. (SR169). East on SR169 to SHEET TITLE: PLAN SHEET 2 AT: Township 23N, Range 5E SE 5th. A maintenance access rood to the site is located just SCALE: NOT TO SCALE Section 16 $$< west of SE 5th- ASSISTANCE BY: Entronco SHEET: 2 of 3 i DATUM: City of Renton DRAWN BY: GLS DATE: May.-WO a z ' 3 � d Gb x »w b 2_ z � a UJ a� w U O 3 00� • W 1 \. a Nm � i xo _ W w i W 3 a i l H 3 _ a i T _ i ;�I�I' V / F 0 O Qy v l i'i a LAX `^` 7 J v ^� /^' "1 co tL PURPOSE: PROJECT TITLE: PROPOSED WORK: i To reduce erosion and Sunnydole Downstreom Reploce existing domoged pipe, eoi londslide potentiol. Storm Improvement Project structures, and eroding outfoll with i new pipe, improved olignment and Q DIRECTIONS TO SITE: ADJACENT PROPERTY OWNERS: outfoll locotion, and energy $ Toke 1-405 South to Mople Volley King County dissipotor. Hwy. , Eost on SR169 to SHEET TITLE: PLAN VIEW 3 g (SR169) AT: Township 23N, Ronge 5E SE 5th. A mointenonce occess Section 16 rood to the site is locoted just SCALE: NOT TO SCALE SHEET: 3 of 3 west of SE Sth. ASSISTANCE BY: Entronco i DATUM: Cityof Renton DATE: Moy 2000 DRAWN BY: G�� a y Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton WA 98055 Title: UTILITIES EASEMENT Property Tax Parcel Number: 162305900308 Project File#: SPW-27-2831 Street Intersection or Project Name:Sunnydale Downstream Storm System Replacement Project Reference Number(s)of Documents assigned or released: 8502150567 reference numbers are on page Grantor(s): Grantee(s): 1. King County 1. City of Renton,a Municipal Corporation The Grantor,as named above,for or and in consideration of mutual benefits,hereby grants,bargains,sells and delivers to the above named Grantee,the following described property, LEGAL DESCRIPTION:A Portion of the NW'/4, S)W'/e,S16,T 23N,R5E, W.M. described in Exhibit A hereof. t: For the purpose of constructing,reconstructing,installing,repairing,replacing,enlarging,operating and maintaining utilities and utility pipelines,including,but not limited to,water,sewer and storm drainage lines,together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefore. Following the initial construction of its facilities,Grantee may from time to time construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions: l. The Grantee shall,upon completion of any work within the property covered by the easement,restore the surface of the easement,and any private improvements disturbed or destroyed during execution of the work,as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. 2. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. 3. Grantor shall not,however,have the right to: a. Erect or maintain any buildings or structures within the easement;or b. Plant trees,shrubs or vegetation having deep root patterns which may cause damage to or interfere with the utilities to be placed within the easement by the Grantee;or C. Develop,landscape,or beautify the easement area in any way that would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein. d. Dig,tunnel or perform other forms of construction activities on the property which would disturb the compaction or unearth Grantee's facilities on the right-of-way,or endanger the lateral support facilities. e. Blast within fifteen(15)feet of the right-of-way. This easement shall run with the land described herein,and shall be binding upon the parties,their heirs, successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. IN WITNESS WHEREOF,said Grantor has caused this instrument to be executed this day of 2000. • INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING ) 1 certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: REPRESENTATIVE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument,on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: CORPORATE FORM OF A CKNO WLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING ) On this day of 19_,before me personally appeared to me known to be of the corporation that executed the within instrument,and acknowledge the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: H:\DIVISION.S\UTILITIE.S\DOCS\2000-283.doc\ Page 2 FORM 03 0000/bh/CA2-21-97 EXHIBIT"A" LEGAL DESCRIPTION (Must be stamped by a P.E.or L.S.) This easement amends the previously executed easement dated February 11, 1985 recorded under King County recording #8502150567. The amended ease a is described as follows: That portion of the NW'/,of th /.of Section 16,Township 23 N,Range 5 E,W.M.,King County,Washin ton, bein a strip of land 15 feet in width having 7.50 feet on each side of the centerline describer as follows: 1� Commencing at the Southeast corner of said subdivision;thence North 11 04' 11"E along the East line thereof449-."feet to the point of beginning of said easement and centerline;thence S 53° 33'42.7"W a distance of 41.40 feet; thence S 70° 21' 47.9"W a distance of 117.28 feet;thence S 80' 16' 25.1"W a distance of 123.56 feet;thence S 64°47' 18"W a distance of 110.37 feet;thence S 72°39' 8.5"W a distance of 85.14 feet;to the South line of said subdivision and the terminus of said centerline. The side lines of this easement shall be lengthened or shortened to meet the parcel boundaries. Together with that portion of the Northwest '/<of the Southeast'/.of Section 16, Township 23 N, Range 5 E, W.M., King County,Washington,being a strip of land 40 feet in width described as follows: The South 40.00 feet of the West 800.00 feet of the Northwest '/.of the Southeast '/4 of Section 16, Township 23 North, Range 5 East,W.M.,King County,Washington. rLi c� JA t H:\DIVISION.S\UTILITIE.S\DOCS\2000-283.doc\ Page 3 FORM 03 0000/bh/CA2-21-97 w Washington Cities Insurance C I Authority Alli WCIA CERTIFICATE OF COVERAGE REQUEST FORM CITY: I�P��� LIABILITY/PROPERTY(L OR P):� _ CERTIFICATE HOLDER: FM'vl-NAME: lz'l ✓lh COw��H �ruQFY�.1 SFN,L� �►y1S�"(M ATTENTION: J3 eY✓j ti rat I cyw�JSF,vi FIRM ADDRESS: � C6✓"�� �mi hi�tr�i�r �I clg. 5710 Ave. , 40am 57ti! CITY: S C A t' e STATE: Li�� ZIP: 4 PURPOSE OF CERTIFICATE: �w& k 4,A- cl&_ a .�O�t r�,( Ilse P�✓n^r't fit% y 11 o�.1' a (44 fz> c:ev'st<vK-� 4n/ m :-' L'h a Slfdrm �'�e eM1 Cy)uv' , o 014� I—l 611 l C P P SEND ORIGINAL TO: Q0i v*'civr.! I k a4— L\{5 pi'vi Sl'oh ADDITIONAL CITY CC: m 1 !6P l.J C kv FAX TO: FAX#: `f�5 w- 3d — 7l�Fl Post-it®Fax Note 7671 Date /� 0 pages 2 From f]P�To Eric- I-q rs IGo -no Co./Dept.(r.>CT co. -i t of R e h do Phone# Phone# a7'_ 23 `fz5- y3U -7; 7 7 Fax# ZS _ N�V —710 P.O. Box 1165,Renton, WA 98057 (425)277-7237 Fax 277-7242 LA PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT U� Y Renton City Hall 1055 South Grady Way, Renton, WA 98055 ♦ es '� ❑ UTILITY SYSTEMS DIVISION 425.430 7234 Fax: 425.430.7241 ❑ TRANSPORTATION SYSTEMS DIVISION 425.430.7321 Fax: 425.430.7376 To: R P j 4omncavi DATE: 6 / p ) JOB No. �. RE: Se WE ARE SENDING YOU ❑ ATTACHED ❑ Under Separate Cover via the following items: ❑ SHOP DRAWING ❑ PRINTS ❑ REPRODUCABLE PLANS ❑ SPECIFICATIONS ❑ ORIGINALS ❑ COPY OF LETTER ❑ COPIES DATE NUMBER DESCRIPTION / REMARKS OF C Aj ( G r MESSAGE: These are transmitted as checked below: ❑ FOR SIGNATURE APPROVAL ❑ APPROVED AS SUBMITTED ❑ RESUBMIT COPIES FOR APPROVAL FOR YOUR USE ❑ APPROVED AS NOTED ❑ SUBMIT COPIES FOR DISTRIBUTION ❑ AS REQUESTED ❑ RETURNED FOR CORRECTIONS ❑ RETURN CORRECTED PRINTS FOR REVIEW AND COMMENT ❑ ❑ PRINTS RETURNED AFTER LOAN TO US Copies to: From: IF ENCLOSURES ARE NOT AS NOTED, PLEASE NOTIFY US AT ONCE. PBPW5001 09/99 bh �, CITY OF RENTON 1 '' Planning/Building/Public Works Department I e Tanner,Mayor Gregg Zimmerman P.E.,Administrator June 15,2001 Bernard Thompson King County Property Services Division 500 4th Ave.,Room 500 Seattle, WA 98104 SUBJECT: SUNNYDALE DOWNSTREAM STORM SYSTEM REPLACEMENT PROJECT EASEMENT MODIFICATION REQUEST Dear Mr. Thompson: As you know,the City has been working with King County for almost a year to negotiate a modification to an existing drainage easement that would allow the City permission to construct and maintain a new storm pipe to replace an existing, poorly functioning pipe. The existing storm easement,which is located on County property,wilt need to be modified to accommodate the realignment of the new pipe. The City is scheduled to advertise the Sunnydale Downstream Storm System Improvement Project in early July of this year. It is therefore, imperative the City's request for permission to access the site for construction and long term maintenance of the storm system be granted prior to the advertisement date. It is my understanding that King County can issue a special use permit that would give the City the rights to access the requested easement modification area for construction and maintenance for a period of five years. King County would then execute the modified drainage easement granting the City permanent access rights for maintenance prior to the expiration of the special use permit. To address any concerns the County may have regarding restoration,the construction contract will include language requiring the contractor to restore any area disturbed during construction to its original condition prior to construction. I will be happy to include in the contract documents any special restoration requirements the County may have. Enclosed,please find a full-size set of construction plans for your review. I would appreciate it if you could give me any comments by July 1 st. If you have any questions,you may reach me at 425-430-7247. Sincerely, Allen Quynn,hoje Manager Surface Water Enclosure H:\DIVISION.S\UCILITIE.S\DOCS\2001\2001-355.doe�A \tb I W i 0 1055 South Grady Way-Renton,Washington 98055 ®This paper contains 50%recycled material,30%post consumer tent Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton WA 98055 Title: DRAINAGE EASEMENT AND Parcel Numbers: 162305-9027,9048 and 9131 MAINTENANCE AGREEMENT Project File#: SPW-27-2831 Project: Sunnydale Downstream Storm System Replacement This instrument hereby terminates and supercedes the previously-executed,unrecorded Drainage and Maintenance Agreement dated April 30, 1984 that is attached hereto as pages 7-11 hereof. Grantor(s): Grantee(s): 1. La Pianta LLC,Washington limited liability company 1. City of Renton,a Municipal Corporation The Grantor, for and in consideration of mutual benefits, hereby grants and/or reaffirms to the Grantee a non-exclusive access and drainage easement over, under, along and across the property (the"Easement Areas")Portions of Government Lots 1 and 2,portion of the SW 1/4,and portions of the SE 1/4,all in Section 16,Township 23 North,Range 5 East,W.M., King County, Washington, legally described on Exhibit A (attached hereto as page 3 hereof) and graphically depicted on Exhibit B (attached hereto as pages 4, 5 and 6 hereof) for the purpose of maintaining, operating, repairing, altering, replacing, reconstructing and expanding an existing storm drainage system lying within the Easement Areas with all necessary appurtenances. This easement is granted subject to the following terms and conditions: 1. Grantee shall, at its own cost and expense,operate,maintain,repair,alter,replace,reconstruct and expand the said existing storm drainage system as it may be further expanded,and shall do all things necessary to keep said drainage system open and properly functioning at all times. This includes, without limitation, cleaning the drainage ditch(es), maintaining the pipes and culverts, and removing silt from the ditch(es) and drainage system ponds as may be reasonably required from time-to-time. 2. Grantee shall have the right, without prior institution of any suit or proceeding at law, at such times as may be necessary,to enter upon said Easement Areas for the purpose of operating,maintaining,repairing, altering, replacing, reconstructing or expanding said storm drainage system or making any connections thereto, without incurring any legal obligation or liability on account of such entry, provided, however, that such entry and all work performed pursuant to this instrument shall be accomplished in a workmanlike manner, and in a way which will not disturb, damage or destroy the improvements on the property. In the event any of the improvements on the Easement Areas are disturbed, damaged or destroyed, Grantee agrees to immediately restore the same to the condition such improvements were in prior to Grantee's entry upon the Easement Areas. 3. Grantee shall provide reasonable notice to Grantor prior to entering the Easement Areas or performing work thereon. Grantee agrees to keep the Easement Areas free of liens or encumbrances arising out of any of the work performed on the Easement Areas pursuant to this agreement. Grantee further agrees to indemnify and hold harmless Grantor from and against any and all liability, claims, demands, actions or causes of action whatsoever, for personal injury, property damage or otherwise, arising out of or in any way relating to any of the work performed by Grantee pursuant to this agreement. 4. Grantor shall retain the right to use the surface area of the drainage ditch(es) constructed within the Easement Areas (including without limitation the right to replace the ditch(es) with a culvert and filling and paving over the ditch(es)), provided that (a) said use may not interfere with storm drainage conveyance, (b) no permanent buildings or structures (other than roadway and utility crossings) may be erected on or over said drainage ditch(es) and (c) said use must be in accordance with applicable federal, state and local law. Grantor, for the benefit of Grantor's abutting property, shall also have the right to jointly use any maintenance roads that Grantee has or may construct on the Easement Areas and shall be entitled to further improve such roads in connection with the development and use of the Easement Areas and of Grantor's adjacent property. This easement and maintenance agreement shall run with the land described herein and shall be binding upon and inure to the benefit of the parties,their heirs, successors-in-interest and assigns. Grantor covenants that it is the lawful owner of the above-referenced Easement Areas and that it has a good and lawful right to execute this agreement. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this day of ,2000. LA PIANTA LLC,a Washington limited liability company By: METRO LAND DEVELOPMENT,INC.,its Manager j "y M.A. Segale,President Approved,Agreed-To and Accepted By Grantee: CITY OF RENTON By: Jesse Tanner,Mayor Attest: Marilyn Petersen,City Clerk STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of 2000, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared M. A. Segale, to me known to be the person who signed as President of Metro Land Development, Inc., a Washington corporation, Manager of La Pianta LLC, the limited liability company that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation and of said limited liability company for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of the corporation and that the corporation was authorized to execute said instrument on behalf of the limited liability company. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington,residing at My appointment expires: STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that on the day of , 2000 JESSE TANNER appeared before me and acknowledged that he signed the instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of the City of Renton, the Washington municipal corporation that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said City for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute such instrument, and that the seal affixed, if any, is the corporate seal of said City. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington,residing at My appointment expires: CATEMADrainage Easement&Maint Agmt.F1(9-19-2000).docPage 2 EXHIBIT A LEGAL DESCRIPTION OF THE EASEMENT AREAS Parcels A, B, C and D situated in Section 16, Township 23 N, Range 5 E, W.M. in King County, Washington,more particularly described as follows: Parcel A: THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 23 NORTH,RANGE 5 EAST, W.M. IN KING COUNTY, WASHINGTON LYING WITHIN A STRIP OF LAND 70.00 FEET IN WIDTH THE NORTH LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 1; THENCE NORTH 89000'53" WEST ALONG THE SOUTH LINE OF GOVERNMENT LOT 1 AND ITS WESTERLY EXTENSION 300.00 FEET TO THE TERMINUS OF THIS LINE; EXCEPT THAT PORTION OF SAID STRIP OF LAND LYING WITHIN THE MAPLE VALLEY HIGHWAY A.K.A. SR 169. Parcel B: THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 23 NORTH,RANGE 5 EAST,W.M. IN KING COUNTY, WASHINGTON LYING WITHIN A STRIP OF LAND 80.00 FEET IN WIDTH THE SOUTH LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 1; THENCE NORTH 89000'53" WEST ALONG THE SOUTH LINE OF GOVERNMENT LOT 1 AND ITS WESTERLY EXTENSION 300.00 FEET TO THE TERMINUS OF THIS LINE. Parcel C: THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16,TOWNSHIP 23 NORTH,RANGE 5 EAST, W.M. IN KING COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE NORTH 010 04' 10" EAST ALONG THE WEST LINE THEREOF 80.00 FEET TO THE NORTH LINE OF THE SOUTH 80.00 FEET OF SAID SUBDIVISION; THENCE SOUTH 89000'53" EAST ALONG SAID NORTH LINE 320.00 FEET; THENCE NORTH 00059'07" EAST 70.00 FEET TO THE NORTH LINE OF THE SOUTH 150.00 FEET OF SAID SUBDIVISION; THENCE SOUTH 89000'53" EAST ALONG SAID NORTH LINE 200.00 FEET; THENCE SOUTH 00059'07" WEST 90.00 FEET TO THE NORTH LINE OF THE SOUTH 60.00 FEET OF SAID SUBDIVISION; THENCE SOUTH 89000'53" EAST 806.80 FEET TO THE EAST LINE OF SAID SUBDIVISION; THENCE SOUTH 0 1004'18" WEST ALONG SAID EAST LINE 60.00 FEET TO THE SOUTH LINE OF SAID SUBDIVISION; THENCE NORTH 89000'53" WEST ALONG THE SOUTH LINE OF SAID SUBDIVISION 1326.82 FEET TO THE POINT OF BEGINNING. Parcel D: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 23 NORTH,RANGE 5 EAST, W.M. IN KING COUNTY, WASHINGTON LYING WITHIN A STRIP OF LAND 30.00 FEET IN WIDTH THE NORTH LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 89000'53" EAST ALONG THE SOUTH LINE THEREOF 270.00 FEET TO THE TRUE POINT OF BEGINNING OF THIS LINE; THENCE CONTINUING ALONG SAID SOUTH LINE SOUTH 89000'53" EAST 640.00 FEET TO THE TERMINUS OF THIS LINE; EXCEPT THAT PORTION OF SAID STRIP OF LAND LYING WITH THE PLAT OF MAPLEWOOD DIVISION 2 ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 39 OF PLATS AT PAGE 39,RECORDS OF KING COUNTY, WASHINGTON. CATEWDrainage Easement&Maint Agmt.FI(9-19-2000).docPage 3 N O a SEC. 16, T WP. 23 N., R GE. 5 E., W.M. neuo wssocu►1113 00 lW it r.■ rr4 a�� 0) 16 15 I 1 WtR a Lo I y N V 3 SW 1/4 16 SE ,1/4 { iPARCEL C I W PARCEL B { W SCALE: NTS -� Z - - y QC { V� PARCEL A I PARCEL D 1 W HWY V (SR 169) I I { (4-- THIS EXHIBIT HAS BEEN PREPARED TO ASSIST IN V 0 { O I I THE INTERPRETATION OF THE LEGAL 11mcm 0. HILL ro DESCRIPTION. THE LEGAL DESCRIPTION SHALL UggCM: I I PREVAIL IF CONFLICTING INFORMATION BETWEEN cenu: V BLUE J { THE LEGAL DESCRIPTION AND THE EXHIBIT ARE { cHgcm. B. FREEMAN FOUND. Hera: 8116100 Q SCAI>i HO)aL.: NTS O I Tw" 17 16 � 116 � 16115 JOB NDYBlx r1 20121 21 — - — — — �Q-022 21 22 San Numm O 0 1 of 3 rn a a� �, CITY OF RENTON Office of the City Attorney P4 J e Tanner,Mayor Lawrence J.Warren MEMORANDUM To: Allen Quynn RECEIVED From: Lawrence J. Warren, City Attorney OCT 10 20Qo, Date: October 10, 2000 CITY OF RENTON UTILITY SYSTEMS Subject: Sunnydale Drainage Easement The modified easement is approved as to legal fo;Lawrence JJarren LJW:tmj cc: Jay Covington Post Office Box 626 - 100 S. 2nd Street - Renton, Washington 98057 - (425)255-8678 9 This paper contains 50%recycled material,20%post consumer CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: October 20, 2000 TO: Randy Corman, President City Council Members VIA: Mayor Jesse Tanner FROM: Gregg Zimmerman, Administrator Planning/Building/Public Works Department STAFF CONTACT: Tom Boyns, Property Services Supervisor, 430-7209 Richard Evans, Transportation,430-7372 SUBJECT: Sunnydale Storm System Replacement Project La Pianta Amended Easement ISSUE: The City of Renton received a temporary Drainage and Maintenance Easement on April 30, 1984 to construct drainage facilities. The easement was not recorded. The current project requires changes in alignment of the drainage facilities. The current property owner has agreed to amend the easement to accommodate the current project. Procedure requires approval by the City Council to accept and record the easement. RECOMMENDATION: • The Planning/Building/Public Works Department requests that the City Council approve the easement and authorize the Mayor and City Clerk to execute the document. BACKGROUND SUMMARY: October 19, 2000 Page 2 CITY ATTORNEY: The City Attorney has approved the easement as to legal form. CITY OF RENTON COUNCIL AGENDA BILL Al #: Submitting Data: Planning/Building/Public Works For Agenda of: DepuDiv/Board.. Technical Services Section/Utilities Division November 6, 2000 Staff Contact...... Tom Boyns x7209 Agenda Status Consent.............. X Subject: Public Hearing... Sunnydale Storm System Replacement Project Correspondence.. La Pianta Amended Easement Ordinance............. Resolution............ Old Business........ Exhibits: New Business....... Issue Paper Study Sessions...... Amended Easement Information......... Ma Recommended Action: Approvals: Council Concur Legal Dept......... X Finance Dept...... Other............... Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted.......... Revenue Generated......... Total Project Budget City Share Total Project.. Summary of Action: The City of Renton received a temporary Drainage and Maintenance Easement on April 30, 1984 to construct drainage facilities. The easement was not recorded. The current project requires changes in alignment of the drainage facilities. The current property owner has agreed to amend the easement to accommodate the current project. Procedure requires approval by the City Council to accept and record the easement. STAFF RECOMMENDATION: The Planning/Building/Public Works Department requests that the City Council approve the easement and authorize the Mayor and City Clerk to execute the document. � U x 3 � d \ R I i ry 1 •f W sW i U O 00 LLJ w a. / Nm \ wo W i F EH v >: Ss w 7� X t AF ✓_ n s J o; 11 2 :D S v 0 /r !! o n � a W 0 , iE a v1 I o ` 0 I a PURPOSE: PROJECT TITLE: PROPOSED WORK: / To reduce erosion and Sunnydole Downstream Replace existing damaged pipe, Nlandslide potential. Storm Improvement Project structures, and eroding outfoll with ADJACENT PROPERTY OWNERS: new pipe, improved olignment and DIRECTIONS TO SITE: Count outfoll location, and energy Kin Take 1-405 South to Maple Volley 9 y dissipotor. Hwy. (SR169), East on SR169 to SHEET TITLE: PLAN VIEW 3 g SE 5th, A maintenance access AT: Township 23N, Range 5E i rood to the site is located just SCALE: NOT TO SCALE Section 16 west of SE 5th- SHEET: 3 of 3 S ASSISTANCE BY: Entranco i DATUM: City of Renton DRAWN BY: GEC DATE: May 2000 a Olympic Pipe Line Company General Right-of-way Stipulations and Requirements We submit the following requirements to prevent conflict with our easement rights: The filing and recording of any subdivision plat should stipulate and describe Olympic's easements,and the deeds and titles to ail-subdivision lots shall designate Olympic's easement as encumbering said lots. 2. Olympic's easements restrict the placement or construction of any permanent structures,underbrush,trees,fences, or other structures,which would interfere with the operation and maintenance of the pipeline(s). Roadways may cross,but not parallel over the easement. API-1102 calculations for loadings due to road or railroad crossings must be submitted as part of the developers construction plans. See item 8. 3. Any required relocation or encasement of Olympic's pipeline(s)will be at the developer's expense. 4. Development grading should not remove any of the existing ground cover from or add excessive fill over the pipeline(s). Olympic's prior approval to add fill is required. 5. Developers will be required to coordinate design of any utilities crossing Olympic's easement to meet Olympic's clearance requirements. Upon developer's request,Olympic will coordinate a meeting by our field representative with developer's engineers to determine the depth and location of the existing pipeline(s)at any proposed utility and street crossing. 6. The ground cover and clearances for utility line crossing of the pipeline(s)are as follows: a) Minimum ground cover outside roadways:Three feet(3) b) Minimum cover at street gutter flow line or barrow ditch:Three feet(3� c) Water,sewer,and gas service line crossings: 12 inches(12' vertical separation clearance d) Underground telephone conduit:twelve inches(12�minimum clearance. e) Underground electrical conduit:twelve inches(12�minimum clearance,with conduit encased with red-colored concrete five feet(5�each side of pipeline(s). 7. A cathodically protected utility which crosses or is placed adjacent to Olympic must install a test point and perform interference testing between the utility and Olympic. You may contact our Corrosion Technician by calling our Renton office at(425)235-7736. 8. Olympic requires detailed construction plans for any work within the easement.Olympic requests at least 10 working days for review and comments/approval of plans. Plans should be submitted to:Olympic Pipe Line Company,Right of Way Office,P.O.Box 1800,Renton,WA 98057. 9. Developer's contractors are to provide Olympic Pipe Line Company with forty-eight(48)hours prior notice of any grading or underground crossing over the pipeline(s). Notice to Olympic does not relieve the contractor of any notification responsibility to Call Before You Dig jurisdictions. 10. Olympic's easements restrict the placement of any structure within the easement. This includes concrete thrust blocks,fire hydrants or catch basins within our right of way. Federal DOT Requirements: 195.210 Pipeline location:No pipeline may be located within 50 feet of any private dwelling,or any industrial building or place of public assembly in which persons work,congregate,or assemble,unless it is provided with at least 12 inches of cover in addition to that prescribed in 195.248. 195.248 Cover over buried pipeline The pipeline must be installed so that the cover between the top of the pipe and the ground level,road bed, river bottom,or sea bottom,as applicable,complies with the following: Industrial,commercial,and residential areas For normal excavation—36" For rock excavation—30' Drainage ditches at public road and railroads For normal excavation—36" For rock excavation—36" Telephone numbers: (800)664-6661 OPL One Call Office (425)235-7767 OPL Right of Way Office (425)483-9022 OPL One Call Fax (425)271-5320 OPL Renton Fax 887)481-1666 OPL Woodinville Office (888)271-8880 OPL 24 hour/emergency only The above comments and stipulations are submitted only as minimum requirements to avoid conflict with existing easement rights. Olympic reserves the right to impose further stipulations or requirements consistant with each individual easement. Should you anticipate any problems regarding these requirements,please advise the Olympic Right of Way office at the earliest opportunity. O:aGB\Rowregs sh 9/99 ,r OLYMPIC PIPE LINE COMPANY ' 2319 LIND AVE. S.W. P.O. BOX 1800 RENTON,WASHINGTON 98057 (425)235-7736 February 24, 2000 RECEIVED Allen Quynn City of Renton FEB 15 � . Surface Water Utility Department CITY OF RENTOt 1055 South Grady Way UTILITY SYSTEMS Renton, WA 98055 RE: Sunnydale Downstream Storm System Improvement Project Dear Mr. Quynn: We have reviewed your plan dated February 3, 2000; our comments are as follows: The new storm line must be installed with 12" of vertical separation clearance on both the 16" and 20" pipelines. There must be an Olympic Pipe Line Company representative on site when the work is being done over our pipelines. Enclosed is a copy of our Right of Way Stipulations and Requirements. If you have any further questions you may reach me at 425-235-7767. Sin rely, Kat y Reed Right of Way Specialist �,�)� - IF OLYMPIC PIPE LINE COMPANY Z L E L NT O ��frol 2319 LIND AVENUE S.W. P.O.sox 1800 F� - RENTON,WASHINGTON 98057 m E324'00 Allen Quynn City of Renton Surface Water Utility Department 1055 South Grady Way Renton, WA 98055 NO POSTAGE NECESSARY IF MAILED ♦ IN THE UNITED STATES BUSINESS REPLY MAIL FIRST-CLASS MAIL PERMIT NO. 646 RENTON, WA POSTAGE WILL BE PAID BY ADDRESSEE RECEIVED Utility Systems Division FEB 18 20M CITY OF RENTON CITY OF RENTON UTILIlYSySTEMS 1055 S GRADY WAY RENTON WA 98055-9808 CITY OF RENTON Office of the City Attorney Jesse Tanner,Mayor Lawrence J.Warren MEMORANDUM To: Allen Quynn RECEIVED From: Lawrence J. Warren, City Attorney OCT _ 2 2000 Date: September 29, 2000 CITY OF RENTON Subject: Sunnydale Drainage Easement UTILITY SYSTEMS I have reviewed the documents as forwarded to me. I am concerned about the language contained in Section 1 of the Easement. It indicates that the City shall, at its own cost and expense, operate, maintain, repair, alter, replace, reconstruct and expand the system. Normally the City requires the developer to do the maintenance. I am aware that the prior drainage and maintenance easement from April 30, 1984 in Section 2 contains similar language. I do not see where I reviewed or approved this document from 1984, even though I was City Attorney at the time. I am concerned that the City's responsibilities may be expanded from what was to be a "Temporary Storm Drainage System" to what is now a permanent storm drainage system, and further, that the system expanded substantially beyond the thirty foot strip that the City acquired in 1984 to a substantially larger system now. I also have concerns about the prior commitment to allow filling and paving over the ditches. I don't know if the current system is still a ditch system, but there may be future issues about filling and paving over the ditches and instead using some sort of a buried tight line system. Again, I understand that some commitments were made in the 1984 Easement, but do not wish to expand the scope of that old Easement. I would also like to know whether or not the storm drainage system that was anticipated in the 1984 agreement and easement was ever installed, and whether it is an integral part of the Sunnydale System? Lawrence J. Warren LJW:tmj cc: Jay Covington Lys Hornsby Gregg Zimmerman T10.26:51 Post Office Box 626 - 100 S. 2nd Street - Renton, Washington 98057 - (425)255-8678 0 This paper contains 50%recycled material,20%post consumer CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: September 21,2000 TO: Larry Warren, City Attorney FROM: Allen Quynn //y SUBJECT: Sunnydale Drainage Easement Enclosed is a drainage easement agreement with Segale (La Pianta LLC) for the Sunnydale Downstream Storm System Replacement Project. The easement has modified the existing unrecorded easement (attached) with the previous property owners to account for the new alignment of the proposed storm pipe. In exchange for additional easement area to accommodate the new storm system (Parcel D), the City gives up some easement area adjacent to Parcel B and C. After discussions with John Thompson it was determined; however, that this area is not necessary for the purposes described in the original easement. My only concern is with paragraph 4. In particular,the first sentence where it says: "(including without limitation the right to replace the ditch(es) with a culvert and filling and paving over the ditch(es))". I requested that Segale's attorney add: "in accordance with applicable federal, state and local law." I'm not sure if this is strong enough language. Should we include something about environmental regulations? I would appreciate it if you could take a look at the easement and give me any feed back. Thanks. cc: File U:\AQUYNN\2000\65315\legalmemo.doc\a ;y CITY OF RENTON ••LL Planning/Building/Public Works Department 7esse Tanner,Mayor Gregg Zimmerman P.E.,Administrator July 3, 2000 Mr. John Woodring, Attorney at Law State & Sawyer Ave.NE Olympia, WA 98506 SUBJECT: SUNNYDALE DOWNSTREAM STORM SYSTEM REPLACEMENT PROJECT—TEMPORARY CONSTRUCTION EASEMENT Dear Mr. Woodring: Enclosed please find the temporary construction easement for the Sunnydale Downstream Storm System Replacement Project. Included with easement is a map showing the easement location along with a set of full size construction plans. Please review the easement document and sign at the bottom of the page at your earliest convenience. If you have any questions, please call me at 425-430-7247. Sincerely, Allen Quynn, /oj�eManager Surface Water Utility cc: file Enclosure H:\DIVISION.S\UTILITIE.S\DOCS\2000-312.doc\AQ\tb 1055 South Grady Way-Renton,Washington 98055 ®This paper contains 50%recycled material,20%post consumer City of Seattle Paul Schell, Mayor Seattle City Light Gary Zarker, Superintendent July 10, 2000 RECEIVE City of Renton D Planning/Building/Public Works Department JUL 12 2000 Attn: Allen Quynn, Project Manager, Surface Water Utility CITY OF RENTOM 1055 South Grady Way UT/LITYSYSTEMS Renton, Washington 98055 Dear Mr. Quynn: Subject: City of Renton Sunnydale Downstream Storm System Replacement Project. As Seattle City Light has just received your letter Dated July 6, 2000 requesting Seattle City Lights review, approval and consent to cross our Bothell-Maple Valley Transmission line corridor your desired date of 7/14/2000 for a approval response with our comments is not a realistic and/or practicable response date. We will need to have some further and additional information regarding your request. We need to have a detailed legal description and mapped depiction of where your crossing of our transmission line will be located. I have enclosed a reduced copy of a King County assessor's map for you convenience. Please provide us with a precise legal description, length and width, of the area to be crossed and a right-of-way parcel map showing its exact location along with three complete sets of project drawings for our departmental dissemination. After our receipt of this additional information,I will be able to distribute this proposed project design information to our Engineering and Vegetation Management staff's for their review, comments and approval. As City Light staff for this process is somewhat limited, and vacations fall within this same time frame period,the review,comment(s) and approval (s)process may take a minimum of four to six weeks after our receipt of the requested materials. I will try and expedite this process to an extent as reasonably possible to accommodate your projected and desired construction timeline. Sincerely, William P. Cluckey, SR/WA Senior Real Property Agent Real Estate Services 700 Fifth Avenue,Suite 3300,Seattle,WA 98104-5031 Tel:(206)684-3000,TDD:(206)684-3225,Fax:(206)625-3709 An equal employment opportunity,affirmative action employer.Accommodations for people with disabilities provided upon request. tale wt:e saa s�rarop ff+ K.0 62 aeo:exrla:a s9aPt MTV t arsec xoo� •adN. ASS!_ ZW'�76V°1� TO CHOW LOCCMS'� y. , r v�1P 'X/P.fiY ___ NE.16 23 5 SCALE I"_I00' 11326.52 N.69- -37 a 1328.53 �6-17- °4' .sxs K C w J k P f 4NY a Z�Q NX � ram( i IJ O d*i n O m> a/- aV rw �J H f Q W YI 0 �z y y r' F c a O: 60 W n° 9°' 1'N� m O W 22 'IN I J i tirNZ R...1.. -� Rsb.314i __Sm-oaOOc soCdY Y 1 6.68 C—�.---� --_ _' L��328.8 - y -w..ra.�>ye....;�,s..;..,,.,...,�,:. Z a+ Raurm a•" saw tWw ssx ES �1,ra°. cs ..�'"^. '� � • .,.t•�. y..,+✓f��4 ass."c. Or F'y� °� �' A f I�.a�.� z` '' a �' �+4v/,� ' c .,,�,.. vac. I • x $ � - � a.a. S � w t � •ST d�..a, © �°t yyf � IJ � s ? a i �� .�.. „ ••► ,p°• 4 ✓,„,,S� � II 1 g`A i i 5 eP" 8 v u69-orae.! �/ s+' ^• s a d� a o Ifs a1 0 iI ti J�' fe R'4 ' ;�} i cif T2 � y� t 6 i 4�•; .,,,� IIv o o, q� W dn.««- y� "+SQ ,l 0J3 J '\ � °�•' � °� d tv• n JUL.10.2000 11:45RM SCL REAL ESTATE SERVICES N0.504 P.2 City of Seattle Paul Schell,Mayor Seattle City Light Gary Zarker, Superintendent July 10, 2000 City of Renton planning/Building(Public Works Department Attn: Allen Quynn,Project Manager, Surface Water Utility 1055 South Grady Way Renton,'Washington 98055 Dear Mr, Quynn: Subject: City of Renton Sunnydale Downstream Storm System Replacement Project. As Seattle City Light has just received your letter Dated July 6, 2000 requesting Seattle City Lights review, approval and consent to cross our Bothell-Maple Valley Transmission line corridor your desired date of 7/14/2000 for a approval response with our comments is not a realistic and/or practicable response date. We will need to have some further and additional information regarding your request.We need to have a detailed legal description and mapped depiction of where your crossing of our transmission line will be located. I have enclosed a reduced copy of a King County assessor's map for you convenience. Please provide us with a precise legal description,length and width, of the area to be crossed and a right-of-way parcel map showing its exact location along with three complete sets of project drawings for our departmental dissemination. After our receipt of this additional information, I will be able to distribute this proposed project design information to our Engineering and Vegetation Management staff s for their review, comments and approval. As City Light staff for this process is somewhat limited,and vacations fall within this same time frame period, the review, comment(s)and approval (s)process may tape a minimum of four to six weeks after our receipt of the requested materials. I will try and expedite this process to an extent as reasonably possible to accommodate your projected and desired construction timeline, Sincerely, William P.Cluckey, SRJWA Senior Real Property Agent Real Estate cervices 700 Fifth Avenue,Suite 3300,Seattle,WA 98104-5031 Tel:(206)684-3000,TDD:(206)684-3225,Fax: (206)625-3709 An equal employment opportunity,affirmative action einployer.Accommodations for people with disabilities provided upon request. o �. ►tom CITY OF RENTON Planning/Building/Public Works Department 7 e Tanner,Mayor Gregg Zimmerman P.E.,Administrator July 6, 2000 Seattle City Light Att: William Cluckey Room 2808 Real Estate Services 700 Fifth Ave., Suite 3300 Seattle, WA 98104-5031 SUBJECT: SUNNYDALE DOWNSTREAM STORM SYSTEM REPLACEMENT PROJECT Dear Mr. Cluckey: Per our phone conversation on July 5,2000,I've enclosed a full set of construction plans for your review. Sheet No. 3 shows the utility easements and the proposed storm pipe crossing. Please verify that the easement information shown on the drawing is correct. I would appreciate it if you could submit any comments by the end of next week(7/14/00)as the design consultant is finalizing the construction plans in preparation for bidding. Project construction is tentatively scheduled to begin the third week in August. Sincerely, Allen Quynn, r 'ect Manager Surface Wate Utility cc: file Enclosure H:DI V/UTILITY/DOHS/2000-316/AQ:If 1055 South Grady Way-Renton, Washington 98055 8 This paper contains 50%recycled material,20%post consumer JUL. 10.2000 11:45AM SCL REAL ESTATE SERVICES N0.504 P. 1 SEATTLE CITY LIGHT FAX DOCUMENT DATE: July 10, 2000 TIME: 11:27 AM TO: Allen Quynn PHONE: 425-430-7247 US WEST FAX: 425-430-7241 FROM: Bill Cluckey PHONE: 206-684-3872 Real Estate Services FAX: 206-233-2760 RE: Storm Drain Review— Seattle City Light Bothell-Maple Valley Transmission Line Right-of-Way Corridor Number of pages including cover sheet: Three (3) pages Message Allen: Attached is letter and copy of an assessors map regarding the City of Renton's Storm Drainage project relating to the Sunnydale Mobile Home Park in the vicinity of Union Avenue' Hard copy of letter forthcoming in US Mail. Should you have any further questions, please give me a call, Thank you for your consideration and cooperation in this matter. PAGE ONE NE 12TH ST d� NE p►RK OyP ?4' +� ix v'i ® y SET BYO < < ME 1 OTH _ ® 1 t 6T 2 < � ST h 2 N 6TH ST = p r N Z 2 ME � IPA _ _ �` p T1! _ N 6TH ST W N 4TH ST y4 1 NE 4TH ST M g 3RD ST � Cr 'OIL ll % 0 ST � S~DALE j " J�y MOBILES HOW PARK D < � � SE 7TH 5T � S 6TH ST � N 6 PROJECT a` TNH 5 nH LOCATION e.co < < +f t t pAR RENTON c� < BURC/N�.V e A, 189 se i o �y. t >: i Sf n z PUGET v > S PURPOSE: PROJECT TITLE: PROPOSED WORK: To reduce erosion and Sunnydale Downstream Replace existing damaged pipe, c(v landslide potential. Storm Improvement Project structures, and eroding outfoll with ADJACENT PROPERTY OWNERS: new pipe, improved alignment and DIRECTIONS TO SITE: outfoll location, and energy Take 1-405 South to Maple Volley King County dissipotor. o Hwy. (SR169), East on SR169 to SHEET TITLE: VICINITY MAP SE 5th. A maintenance access AT: Township 23N, Range 5E rood to the site is located just SCALE: NOT TO SCALE Section 16 west of SE 5th. SHEET: 1 of 3 1 1 S ASSISTANCE BY: Entronco i DATUM: City c,f Renton LIH .rN BY. GLS DATE: May 2000 a 0 �.�-_-- $o ._._ _ ) --___ m o as I i s 00 N \ � � I M O CIO0 � Ck: U U M _ _ I —. i � \+. � � aOCDW S a) Www0 I J i o Z I E-1 GO w p Ll- Q p LLI U a O 00 I FL es L-L w 2 4. �a-Lq d_ fi OO O r— W Mom`_ i L �� N xl�OW w to to O� O i c _ h.. CL r Z i w PURPOSE: PROJECT TITLE: PROPOSED WORK: oTo reduce erosion and Sunnydole Downstream Replace existing damaged pipe, w landslide potential. Storm Improvement Project structures. and eroding outfoll with QADJACENT PROPERTY OWNERS: new pipe. improved alignment and 2S g y Kin Count outfoll location. and energy Take I-405 South to Mopte Volley dissipotor. o Hwy. (SR169), East on SR169 to SHEET TITLE: PLAN SHEET 2 < AT: Township 23N, Range 5E SE 5tt Amite is once access SCALE: NOT TO SCALE Section 16 i road to the site is located just west of SE 5th. SHEET: 2 of 3 S ASSISTANCE BY: Entranco i DATUM: City of Renton DRAWN BY GtS DATE: MOy.,WOO1 a of Renton, King County, Washington, and is more particularly described as follows : A parcel of land situate in the SW 1/4 of Section 16 , Township 23 N, Range 5 E, more particularly described as follows : The S. 150 . 00 ' of the NE 1/4 of the SW 1/4 of Section 16, Township 23 N, Range S E, W.M. , King County, Washington. TOGETHER with the S 150 . 00 ' of the E 440 . 00 ' of Govern- ment Lot 1 , Section 16 , Township 23 N, Range 5 E , W.M. , King County, Washington. TOGETHER with the 7 'N 0 . 00 of the E 440 . 001 of Govern- �7ment Lot 2 , Section 16, Township 23 N, Range 5 E, W.M. , King County, Washington, Icss U-169 . { GETHER with the east 350 . 00 feet of the west 850 . 00 feet of the north 30 feet of the SW 1/4 of the SE 1/4 of Section 16, Township 23 N. , Range 5 E, Willamette Meridian, King County, Washington. 2 . In consideration for the right of access herein granted, Grantee agrees , at its own cost and expense , to operate , maintain, repair, alter, replace and reconstruct the said storm drainage system, and do all things necessary to keep said drainage system open and properly functioning at all times . This includes , without limitation, the cleaning of the drainage ditch, the maintenance of pipes and culverts , and removal of silt from the ditch and siltation ponds as may be reasonably required from time to time . 3 . Grantee shall have the right, without prior institution of any suit or proceedings at law, at such times as may be necessary, to enter upon said property for the pur- pose of operating, maintaining, repairing, altering, replacing or reconstructing said storm drainage system or making any connections therewith, without incurring any legal obligation or liability on account of such entry, provided, however , that :_._. __ __-_._.._._.,.__._. ...a ---- — -____ _ — --- I, !Ile';`t�,��... Sri ,/ '•'-" `t\,\ '7 `�y .�.. �*,�.r� ...F\',t r �r�•r::Jf /. '��. .�\' `'`i 1� �C ✓1 -y, :•ids \• '"� y, �. �.'� 'AY' i '.� ':^t•t�' tr'�•�`; L :n\� ``•` ,•.'.s,/,� ��•1!����'� :r,. ��%/'���r�ll:t r / `t \`� ,t; �. ... KWNl r ,fir,, jr- ,��' ri/' •'�'� ;�� �l ab,l ilk J 1ti• ti ati +tot ti� :..1\.4 •-'' __-,- .1\ ib Mp \ �. ��' \ � ���t�i� �'apt s\'.•.r,� .,'�Y� ?�. ,.. 'yr �, /, I '. • ,'� � \ 1 ��.;'�`:.�r�tt'�{�.,.'�` '''.a'�, :� ' ..$�>�Or/..1�✓'�" f j �,!r .18,G7-1 ' �18 G7 7 •: ,•� ti:,1 .i..: � —•... .. •1 ` '•��+.::•.!...j�r��,;/yet�y / ,�i'>` 1 T /may�;,.�r�: I,j►,�4„rf�,,, •• ��././f / � 9 i I i '/ �✓' Jtj'il�.�"rlrt}`�"'YY.�. ! � /: '' - /r`•:' WVA 00 IN IN 18 7-3 Z. eo - •`i fH; %%�, , r t 'mil" � ` � .•,_. / �.. hs 18,E875 V / 18,G8-1 8.f 8— 18,E8-7 S� S \t8 23;G2 . / V \� 3,G —2 Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton WA 98055 Title: UTILITIES EASEMENT Property Tax Parcel Number: 162305904805 Project File#: SPW-27-2831 Street Intersection or Project Name:Sunnydale Downstream Storm System Replacement Project Reference Numbcr(s)of Documents assigned or released: Additional reference numbers are on page Grantor(s): Grantee(s): 1. La Pianta, LLC 1. City of Renton, a Municipal Corporation The Grantor,as named above,for or and in consideration of mutual benefits,hereby grants,bargains,sells and delivers to the above named Grantee,the following described property LEGAL DESCRIPTION: A Portion of SE 1/4, Section 16,Township 23 North,Range 5 East,W.M.,King County,Washington,described on Page 3 hereof. For the purpose of constructing,reconstructing,installing,repairing,replacing,enlarging,operating and maintaining utilities and utility pipelines,including,but not limited to,water,sewer and storm drainage lines,together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefore. Following the initial construction of its facilities,Grantee may from time to time construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions: 1. The Grantee shall,upon completion of any work within the property covered by the easement,restore the surface of the easement,and any private improvements disturbed or destroyed during execution of the work,as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. 2. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. 3. Grantor shall not,however,have the right to: a. Erect or maintain any buildings or structures within the easement;or b. Plant trees,shrubs or vegetation having deep root patterns which may cause damage to or interfere with the utilities to be placed within the easement by the Grantee;or C. Develop, landscape,or beautify the easement area in any way which would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein. d. Dig,tunnel or perform other forms of construction activities on the property which would disturb the compaction or unearth Grantee's facilities on the right-of-way,or endanger the lateral support facilities. e. Blast within fifteen(15)feet of the right-of-way. This easement shall run with the land described herein,and shall be binding upon the parties,their heirs, successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. IN WITNESS WHEREOF,said Grantor has caused this instrument to be executed this_day of 2000. INDIVIDUAL FORM OF A CKNO WLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: REPRESENTATIVE FORM OFACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument,on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: CORPORATE FORM OFACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING ) On this day of 19 ,before me personally appeared to me known to be of the corporation that executed the within instrument,and acknowledge the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: H:\DIVISION.S\UTILITIE.S\DOCS\2000-282.doc\ Page 2 FORM 03 0000/bh/CA2-21-97 EXHIBIT"A" LEGAL DESCRIPTION (Must be stamped by a P.E.or L.S.) This easement amends the previously executed easement dated April 30, 1984 and attached hereto as pages 4-9 hereof: The amended easement is described as follows: A parcel of land situated in the Southeast quarter of Section 16,Township 23 N,Range 5 E,more particularly described as follows: The East 410.00 feet of the West 910.00 feet of the North 30 feet of the Southwest quarter of the Southeast quarter of Section 16,Township 23 N,Range 5 E,W.M.,King County Washington. Together with the East 230.00 feet of the West 500.00 feet of the North 15 feet of the Southwest quarter of Section 16, Township 23 N,Range 5 E,W.M.,King County,Washington. H:\DIVISION.S\UTILITIE.S\DOCS\2000-282.doc\ Page 3 FORM 03 0000/bh/CA2-21-97 JUL.10.E000-11:46AM—SCL REAL ESTATE SERVICE NO.504 P. tGV�CI — '"nG-CaZ�w S ,a,, �.m tint,ro••••ro Yc'Yit1 1'J 0 Iu w I \ psi R nil fd 1M91� �110 31 3111b3: MO N = N _L� ~~�C•aiu ��W4— --r�.r.'_.,'a17'VEL'WOy illMOd 3"Ill 3NNOG yS AA© C �N oiJ/ 2 �'~�~•��_ h a it 0 n: o �� J1 Fie yAr ti �� �,• ►b •� rod W ' to M a. d q ��• a� s \ `N'y a n W G 6�• ��S a �_� off ala r•o'y'^x —+a•-ro-I � NF yN _� .. �` ✓ 5fvic a' .v.....•<..,.-a;�:=.v�..o S-EZ-91'MS t, a `c ' rJs�� r� .�"a s�';• i Pervkr,,� (ka► 3rn Y o City of Renton s�r`r�i�s ���,�,,�, + PLANNING/BUILDING/ ^ �96— PUBLIC WORKS DEPARTMENT /��C J Utility Systems - Fifth Floor 1055 South Grady Way Date: 05/05/00 Renton, WA 98055 TO: Mark Segale FROM: Allen Quynn Project Manager Phone: (��) 5-75_.2G60 Phone: (425) 430-7247 Fax Phone: (206) 575-1837 Fax Phone: (425) 430-7241 SUBJECT: Easement Modification Number of pages including cover sheet 4 Request REMARKS: ❑ Original to ❑ Urgent ❑ Reply ® Please ❑ For your be mailed ASAP Comment review Attached please find a vicinity map and two topo maps with the proposed storm drain pipe alignment, existing drainage easement and the proposed easement modification. As I explained on the phone, the City is in the process of designing a storm pipe to replace the existing 18" pipe that currently runs down the hill from the Sunnydale Mobile Home Park(see 1"=200' map). The proposed pipe alignment is located south of the existing pipe and extends approximately 40' onto your property. It is requested that you grant the City an additional drainage easement 50' long by 30' wide to accommodate the proposed pipe. Access to the easement for maintenance of the existing storm drain outfall is provide by a maintenance road which runs east-west along the north side of the drainage ditch. The road crosses the ditch at the western boundary of your property and continues on the south side of the ditch for approximately 500 feet. The City also requests that you grant an easement 230"long by 15' wide to include the maintenance road. The maintenance road and the proposed pipe easement additions are shown on 1"=100' drawing. If you have any questions or need further clarification of the location, please call me at 425-430-7247. Ahead of the curve CITY OF RENTON 4 $ Planning/Building/Public Works Department J e Tanner,Mayor Gregg Zimmerman P.E.,Administrator June 29,2000 Mr. Audie Neuson King County Property Services Division 500 Fourth Ave., M.S. ADM-CF-0500 Seattle, WA 98104 SUBJECT: SUNNYDALE DOWNSTREAM STORM SYSTEM REPLACEMENT PROJECT—AMENDED DRAINAGE EASEMENT Dear Mr.Neuson: I've enclosed a copy of the plan set for the above-mentioned project. The existing and proposed drainage easements are shown and labeled on sheets 2 and 3. Please call me if you have any further questions(425-430-7247). Sincerely, oell� Allen Quy/, Pr Ject Manager Surface Wility Enclosure H:\DIVISION.S\UTILITIE.S\DOCS\2000-306.doc\AQ\tb 1055 South Grady Way-Renton,Washington 98055 ®This paper contains 50%recycled material,20%post consumer C.) Y o� City of Renton a,% '- ♦ PLANNING/BUILDING/ "a PUBLIC WORKS DEPARTMENT Utility Systems - Fifth Floor 1055 South Grady Way Date: April 26, 2000 Renton, WA 98055 TO: Gary Mix FROM. Tom Boyns La Pianta Property Services Supervisor e-mail tboyns@ci.renton.wa.us Phone: 206-574-0342 Phone: (425) 430-7209 Fax Phone: 206-574-0334 Fax Phone: (425) 430-7241 ISUBJECT. Unrecorded Easement I Number of pages including cover skeet 9 REMARKS: ❑ Original to [ Urgent ❑ Reply ❑ Please X For your be mailed ASAP Comment review The accompanying easement, cover letter and map cover a storm water pipe and ditch drainage facility. The facility was built in 1984. It has degraded and needs to be replaced. The new facilities will be offset from the current facility but will be within the same easement area. Please review the easement. We can either record this easement or create a new one. We felt you should have a chance to make comments before we proceed with this project. • s e a0 �7J l � 3 � G Kq /�lev1 50ya(t V-11 1NV11�vl . Ahead of the curve 4IIen Quynn'- Dave Halenin will be stopping by City Hail on Monday to review the easement request for'Sunnydale Page 1 From: Allen Quynn To: Boyns, Thomas Date: 7/7/00 9:52AM Subject: Dave Halenin will be stopping by City Hall on Monday to review the easement request for Sunnydale. Dave Halenin will be stopping by City Hall on Monday to review the easement request for Sunnydale. He asked that I plot out the existing, unrecorded easements so 1 had Mike D. overlay the City topo and aerial photogrammetry onto the parcel base so we can visually see the location of the ponds relative to the easement boundaries. We had some difficulty figuring out the location of two of the easements located on Government Lots 1 and 2 using the assessor maps in the hanging file near your desk. If you would, please use the CAD drawing I put in your basket along with a copy of the easement description and update it(by hand)to show the easements over Government Lots 1 and 2. Thanks for your help. IM -i ok, 77R,41 colot+ I ALI Propee� a", 4' 'I'l-mm-m�1 W-MAL e ernien fl--lAll-il-,,r. ,,".,..,-Existing E tw- Parce, 6 4"d b ctuff o 14 Poals le -0 MOO :3 a_ 0. C� X:5�01 CC - �77777 777�a .......... LAW 1,2 IM5 1"41- MOW g 4 ON -NS mom- PF. -IN LLI I'VOIRM ®r LLJ FILENAME: XREF: PLOT DATE: PLOT SCALE: PAPER SPACE: STA: JOB NO: CD: SURVEYED: SCALE: DATE: VERTICAL: NAVD 1988 HORIZONTAL: NAD 1983/183/1991 'h DESIGNED:`--,,'' �pI�11 �¶�p1 CITY uf FIELDSOOK: 'I DRAWN: 1IL.J N 11L O PAGE: DRAWING NO: ONE INCH_ I DATUM CHECKED: AT 1 Planning/Building/Public Works Dept. p IF NOT ONE INCH N O. REVISION BY AP P R APPROVED: SCALE ACCORDINGLY SHEET: OF: 1 r n r IY III �'�' ti r �• i � [;, � Ss � '�' : �� � �Xt ��« .^s f '' a � � r ti �, ins,�' I�I�I 1�;�}�• `#i r� � � a!r I �I � � '��' d�i��� �l i��"" � �F;fit.-y�y$�s � ,,r r t�, . , , k�1 F L 1,. v, (,�V`�'Y• 5 fd J� : 1�S2y4 ;fi �N fkf r (j1 � 1 ` r i � t tip{ S\ ;ly : � vr' 9 , � x aM1w r day + ." erf `•��. ° �,_ F i, �� '� »" .s' Y , r _ "N� l' �,� avj7 Y �' l� fit. � ��• .w i• � ( i�r. 11 ma. :C' r�t Kri:-` i • fJ 1 ,fir.,, , t� B "� #'�+ JM 4 �4 �7"' _• �'� 1 I t _ �`'� c 9",,fk��`y � k Vy fin, ® l�'f• �i A it d n � 1 •��z` ( e5 d�II� lf? '�, f 4a' , r �III a t � � 1 1 s' ¢, M1 `� +Slr5, kN I, y 4t yT1 ,A u M1 - D , �r u � ' k , k t t q s - I ! 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I REVISION I DATE 1 BY / OFFSITE STORM DRAINAGE EASEMENT GROUP FOUR Inc. 19502S6th Avenue West SUNNYDALE MOBILE Lynnwood, Washinyon 9803E . 206 7754581 HOME COMMUNITY SURVEYING ENGINEERING PLANNING MANAGEMENT \ / OAKHURST DEVELOPMENT CO. DRAWN BY 7� 9,?1-B4 CHECKED BYTE 9:7J=B¢ APPROVED BY ,�/� (� CITY OF R E N T O N W A S H I N G T O N