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Opus Northwest,L.L.C. Z L E 915-118th Avenue S.E. 0PUS. Suite 300 aD Bellevue,Washington 98005 I z FE B 12'02 - j,y _ - 2J02 ��A 81b61E0 U.S.POSTA!GE •v- l Sw4atc wa�L" Ul�14q G 515 S. r 4f 2?.'G iffil!iW1 ,111111M�lll i�tii�lElFli!'.�1Fk '�$C1 s I R � EAt kr ' FE!� 1 f n t)o-i I MARSH An AWC Company JL tnvarctr [,ta Marsh USA Inc. Minneapolis, MN - 236 234064 612-692-7400 Invoice Date: 6/18/01 Opus Northwest, , LLC c/o Elizabeth Schorle OPUS NW 10350 Bren Road Westffetivef3ate �xprration i?af� Client Nv :... . Minnetonka, MN 55343' 12/22/00 12/22/01 402392 Policyholder: OP TJS A,17AT LLC ORIGINAL INVOICE ORIGINAL Effective: 12/2 2/0 0 Insurer Policy No. Type of:Gr3�Hrage / Etetn` Amount ST. PAUL FM MLI 400JY3740 MISC SURETY PREMIUM 170 .00 INVOICE TOTAL: 170 . 00 REMIT IN: UNITED STATES DOLLARS OPUS NORTHWEST LL'C $50, 000 SUBDIVISIsON BOND - SPRINGBROOK CREEK BA14K IMPROVEMENTS CITY OF RENTON, WA RENEWAL Company OPUS OivWLLC Other: - -- Vendor# Due gate I ierrns job/SL Div Cost Code Type RETURN ATTACHED COPY "UN 2 5 Z001 WITH REMITTANCE TO: G!L# Retainage q {§y, V Marsh USA Inc.:: Appro'la1 „� NW-1810 Minneapolis, MN 55485 Invoice Is Payable In Full Upon Receipt Marsh USA and its affiliated companies("Marsh")may have agreements with insurers providing the coverage which is the object of this invoice pursuant to which Marsh may derive compensation contingent upon such factors as the size,growth and/or overall profitability of an entire book of business placed by Marsh with such insurers. Such contingent compensation would be in addition to any other compensation Marsh may receive such as retail,excess and surplus lines and wholesale brokerage fees or commissions,administrative fees,etc. At your request,Marsh will provide additional information. Return Address: City Clerk's Office City of Renton �_ 200 Mill Avenue South VI Gl Renton, WA 98055-2189 1 � ANY WRITING,TEXT,INITIALS,REVISIONS OR NOTARY SEAL APPEARING OUTSIDE THESE MARGINS MAY DISQUALIFY THIS DOCUMENT FOR RECORDING DRAINAGE EASEMENT Project Name: East Side Green River Watershed Project Street Intersection: SW 16th Street&Oakesdale Ave.SW C: Grantor: LONGACRES PARK INC., a Washington corporation, which acquired title as Broadacres, Inc. N Grantee: CITY OF RENTON, a municipal corporation O gD Assessor's Property Tax Parcel/Account Number: 242304-9022 0'i The Grantor, as named above, for and in consideration of mutual benefits, hereby grants and confirms to the above-named Grantee, a nonexclusive easement for drainage with necessary appurtenances over, under, through, across and upon the following described property (the "Easement Area") in King County, Washington: C, That portion of the northeast quarter of the southeast quarter of Section 24, Township 23 North, Range 4 East, W.M., described as follows Mull legal description is on pages I and 2 of this document]: co 0 Beginning at the southeast corner of the parcel conveyed to the City of Renton under Recording No. 891103 08 10, King County records, said corner being located on the west right-of-way line of the King County CD Drainage District No. 1 ditch, as delineated on Record of Survey filed in CD Book of Surveys at page , records of King County, Washington; H 1 Thence leaving said right-of-way line and traversing along the south line of the said City of Renton parcel South 79°12'27" West a distance of 48.80 feet; Lin O m DRAINAGE EASEMENT PAGE 1 [03003-0352/SB980770.250]8+ 4/17/98 n rya �g /�i? S/Gs' ���✓( Cp Ol V-O. cnr 9 ivisicn �; D puty ANY WRITING,TEXT,INITIALS,REVISIONS OR NOTARY SEAL APPEARING OUTSIDE THESE MARGINS MAY DISQUALIFY THIS DOCUMENT FOR RECORDING Thence leaving said south line and continuing along the following courses: South 10'47'33" East 28.10 feet; South 1°48'32" West 55.64 feet; South 7°14'42" East 106.28 feet; South 20°5'30" East 70.75 feet; South 30°55'50" East 63.85 feet; North 15°39'58" East 24.65 feet; r.. South 39°53'54" East 45.30 feet; South 30°6'16" East 71.60 feet; South 27°12'0" East 123.76 feet; South 36°0'41" East 30.15 feet; South 31°50'12" East 40.20 feet; North 58°948" East 50.00 feet to the said west right-of-way line of said King County Drainage District No. 1 ditch; Thence continuing along said west right-of-way line the following courses: North 31°50'12" West 42.02 feet; North 36°0'41" West 74.11 feet; North 31°19'50" West 41.01 feet; North 27°12'0" West 34.56 feet; North 30°6'16" West 76.04 feet; North 39°53'54" West 32.19 feet; North 30°55'50" West 51.32 feet; North 20°5'30" West 40.14 feet; North 19°25'58" West 66.50 feet; North 7°14'42" West 48.28 feet; North 1°4832" East 51.68 feet; North 10°47'33" West 39.01 feet to the point of beginning; Except that portion deeded under separate conveyance from Grantor to Grantee in lieu of condemnation for the Oakesdale Avenue right of way. DRAINAGE EASEMENT PAGE 2 [03003-0352/SB980770.250]8+ 4/17/98 ANY WRITING,TEXT,INITIALS,REVISIONS OR NOTARY SEAL APPEARING OUTSIDE THESE MARGINS MAY DISQUALIFY THIS DOCUMENT FOR RECORDING The Easement Area contains 29,807 square feet of land, more or less, inclusive of area for Oakesdale Avenue right of way, and is shown on EXHIBIT A MAP attached hereto. A. Purpose, Restoration and Use of Easement Area This easement is for the purpose of installing, constructing, operating, maintaining, removing, repairing, replacing, and using a drainage channel, together with the nonexclusive right of ingress and egress thereto without prior institution of any suit or proceedings of law. 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 existing easements and 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 Area, 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 Area as long as such use does not interfere with the easement rights granted to the Grantee. *i Grantor shall not, however, have the right to: �D a. Erect or maintain any buildings, utilities, structures, and related Q� appurtenances within the Easement Area, except the following existing features previously installed for the Boeing Customer Services Training Center project: • concrete storm water outlet vault and appurtenances. • storm water outfall piping with backwater control valves and other appurtenances. b. 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. DRAINAGE EASEMENT PAGE 3 103003-0352/SB980770.25019+ 4/20/98 ANY WRITING,TEXT,INITIALS,REVISIONS OR NOTARY SEAL APPEARING OUTSIDE THESE MARGINS MAY DISQUALIFY THIS DOCUMENT FOR RECORDING B. Easement Runs With the Land; Grantor's Covenant This easement shall run with the land described herein, and shall be binding upon the parties, their successors in interest and assigns. Grantor covenants that it is the lawful owner of the above property and that it has a good and lawful right to execute this agreement. C. Release and Indemnity Grantee does hereby indemnify and promise to protect, defend and save Gran- tor harmless from and against any and all liability, loss, damage, expense, actions and claims, including costs and reasonable attorneys' fees incurred by Grantor in defense thereof, asserted or arising directly or indirectly on account of or out of any acts or omissions of Grantee, Grantee's employees, agents, contractors, visitors and invitees in the exercise of Grantee's rights granted hereunder. Q� D. Termination for Cessation of Use C; "q In the event Grantee ceases to use the Easement Area for a period of five (5) 114 successive years, this Agreement and all of Grantee's rights hereunder shall terminate and revert to Grantor. Upon such event, Grantee agrees to execute any and all ,? instruments to terminate this easement. vJ E. Notices Notices required to be in writing under this Agreement shall be given as fol- lows: If to Grantor: The Boeing Company BCAG Facilities Asset Management P.O. Box 3707 M/S: 20-30 Seattle, WA 98124-2207 If to Grantee: City Clerk's Office City of Renton 200 Mill Avenue South Renton, WA 98055-2189 DRAINAGE EASEMENT PAGE 4 [03003-0352/SB980770.250]8+ 4/17/98 ANY WRITING,TEXT,INITIALS,REVISIONS OR NOTARY SEAL APPEARING OUTSIDE THESE MARGINS MAY DISQUALIFY THIS DOCUMENT FOR RECORDING Notices shall be deemed effective, if mailed, upon the second day following deposit thereof in the United States mails, postage prepaid, certified or registered mail, return receipt requested, or upon delivery thereof if otherwise given. Any party may change the address to which notices may be given by giving notice as above provided. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this J;6k, day of , 1998. Grantor: LONGACRES PARK, INC. B J. J. NELSON Title: ice President C: .-t Grantee: O co CITY OF RENTON By N e: Jesse Tanner ltle: Mayor DRAINAGE EASEMENT PAGE 5 [03003-0352/SB980770.250)8+ 4/17/98 ANY WRITING,TEXT,INITIALS,REVISIONS OR NOTARY SEAL APPEARING OUTSIDE THESE MARGINS MAY DISQUALIFY THIS DOCUMENT FOR RECORDING STATE OF WASHINGTON) COUNTY OF e ss. On this =may of , 1998, before me, the undersigned, a Notary Public in and for the StIlde of Washington, duly commissioned and sworn, personally appeared to me known to be the person who signed as of LONGACRES PARK, INC., the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath Z stated that was duly elected, qualified and acting as said officer of the corporation, that_ (�—was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. G IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. 010 �•�a0�� '$•�Ilf'U�!y'''�. (Signature of Notary) (Print or stamp'name of Notary) 11, F •�••• 0 �� NOTARY PUBLIC in and for the State 4�410 WABh�+ � aholit N of Washington, residing at S�pC My appointment expires: DRAINAGE EASEMENT PAGE 6 [03003-0352/SB980770.250)8+ 4/17/98 ANY WRITING,TEXT,INITIALS,REVISIONS OR NOTARY SEAL APPEARING OUTSIDE THESE MARGINS MAY DISQUALIFY THIS DOCUMENT FOR RECORDING STATE OF WASHINGTON) ss. COUNTY OF /V ) On this 11tIL, day of , 1998, before me, the undersigned, a Notary Public in and for the S ot Washington, duly commissioned and sworn, personally appeared 4 a -rf*NN64 , to me known to be the person who signed as &*V'0j< of CITY OF RENTON, the corporation that executed the within and foregoing instrument, and acknowledged 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 dt was duly elected, qualified and acting as said officer of the corporation, that —�was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. C7 IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. O Z C; �. N J.PET ••. • • .471��efgl0" .,�t �ir. ((Signature N t ) : NO?ARY1jg. tit, . �Al Jr. C-T (P�;p PUSUC 2 ;�y�;•. B�R$yo8 0,.� (Print or stamp name of Notary) F .. ��''•,OF�WASN'�, NOTARY PUBLIC in and for the State of Washington, residing at ,09-Almi✓ My appointment expires: DRAINAGE EASEMENT PAGE 7 [03003-0352/SB980770.250]8+ 4/17/98 ANY WRITING,TEXT,INITIALS,REVISIONS OR NOTARY SEAL APPEARING OUTSIDE THESE MARGINS MAY DISQUALIFY THIS DOCUMENT FOR RECORDING EXHIBIT A MAP N8734'33"W 2672.74" N89 33'50"E NORTH LINE OF 19 14.51' SE 1/4 N0026'10"W S00'47'36"W = 38" 30.00' 132.86" R = 1880.880.08' L = 5.82' N8933'50"E 1276.09' CONCAVE TO SOUTH _ CONVEYANCE TO S.W. 16TH ST. CITY OF RENTON I REC. #8911030810 CONVEYANCE TO CITY OF REN TON 2 1 25 REC. #89110390809 I N 10'47"33"W EASEMENT 3 24 35.00' AREA I CENTER OF DRAINAGE DITCH NO. 1 AS LOCATED Z 23 BY FIELD SURVEY PER ROS BOOK 85, PGS 27-27A. LINE DIRECTION 1 DIST. 1 4 S791227 W 48.80 01 2 S10'4733 E 28.10 3 SI4832 W 55.64 22 4 S7'14'42 E 106.28 5 S20 5 30 E 70.75 6 S30 55 50 E 63.85 W 7 N15'39 58 E 24.65 B S39 53 54 E 45.30 5 21 ^ Q 9 S30'6 15 E 71.60 O �4 10 S2772 0 E 123.76 z 11 S36 V 41 E 30.15 Z 12 S31 50 12 E 40.20 1 2 I 13 N585 48 E 50.00 6 14 N3150 12 W 42.02 Q 15 N36'0 41 W 74.11 7 8 1 CONVEYANCE TO � 16 N31'1950 W 41.01 .y CITY OF REN TON 17 N27'12 0 W 34.56 18 N30'6 I REC. #9607230798 IIf; W 76.04 19 N39'S3 54 W 32.19 6) 1 20 N30 55 50 W 51.32 . 21 N20'5 30 W 40.14 22 N1975 58 W 66.50 23 14 42 W 5 i7l 48' 1 1 I 24 Ni48 32 E 59- 25 N1074733 W 39.01 O 1 10 DRAINAGE DISTRICT NO. 1 1 40' WIDE DITCH RIGHT-OF-WAY AS SET FORTH IN SUPERIOR COURT 11 I 14 CAUSE 32912. 12 1 0 1"=100' 100 1/16TH COR. MON. PER ROS, BOOK ( IN FEET ) PG. 198 AND BOOK 104, PG. 274 DRAINAGE EASEMENT PAGE 8 [03003-0352/SB980770.25018+ 4/17/98 CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: January 2, 1998 TO: Bob Edwards, President Members of the City Council VIA: Mayor Jesse Tanner FROM: Gregg Zimmerman &f STAFF CONTACT: Ron Straka(X-5548) Scott Woodbury(X-5547) SUBJECT: DRAINAGE EASEMENT DEDICATION FROM THE BOEING COMPANY ISSUE: Dedication of an approximately 0.7 acre drainage easement from the Boeing Company for the widening of Springbrook Creek along a portion of the Boeing Customer Service Training Center near SW 16th Street. RECOMMENDATION: Authorize the Mayor and City Clerk to execute an Agreement Regarding Drainage Easement Dedication with the Boeing Company. BACKGROUND: An approximately 0.7 acre drainage easement is needed over a portion of the Boeing Company's Customer Training Center property along Springbrook Creek near SW 16th Street to allow for widening of the creek. The creek widening within the proposed easement area is scheduled to take place in the summer of 1998 in conjunction with the Oakesdale Avenue SW Extension Project. The creek widening work will be funded by the Surface Water Utility Capital Improvement Program. To compensate Boeing in exchange for the drainage easement, it is proposed that the City agree to offset 100% of the Surface Water Utility system development charge that will become due for Boeing's Family Center development proposal (LUA-97-140, SA, ECF). The amount that would be offset is $10,379.85. CONCLUSION: The Planning/Building/Public Works Department recommends that Mayor and City Clerk be authorized to execute an Agreement Regarding Drainage Easement Dedication with the Boeing Company. Compensation for the drainage easement would total $10,379.85 and be accomplished by offsetting 100% of the Surface Water Utility system development charge that will become due for Boeing's Family Center development proposal. K DOCS:97-1 156:S W:ps CC: Ron Olsen CITY OF RENTON COUNCIL AGENDA BILL AI #: Submitting Data: Planning/Building/Public Works For Agenda of: DepuDiv/Board.. Utility Systems Division/Surface Water Utility January 5, 1998 Staff contact...... Ron Olsen, Ron Straka Agenda Status Scott Woodbury(x-5547) Consent.............. X Subject: Public Hearing... Boeing Drainage Easement Dedication for Correspondence.. Widening of Springbrook Creek Ordinance............. Resolution............ Old Business........ Exhibits: New Business....... Issue Paper Study Sessions....... Draft Agreement Regarding Drainage Easement Dedication Information......... Recommended Action: Approvals: Refer to Utilities Committee of January 6, 1998 Legal Dept......... X (Pending) Finance Dept...... Risk Management Fiscal Impact: Expenditure Required... $10,379.85 Transfer/Amendment....... Amount Budgeted.......... $0 Revenue Generated......... Total Project Budget $0 City Share Total Project.. $10,379.85 Summary of Action: A drainage easement of about 0.7 acre is needed over a portion of The Boeing Company's Customer Training Center property along Springbrook Creek near SW 16th Street to allow for widening of the creek. The creek widening within the proposed easement area is scheduled to take place in the summer of 1998 in conjunction with the Oakesdale Avenue SW Extension Project. The creek widening work will be funded by the Surface Water Utility Capital Improvement Program. To compensate Boeing in exchange for the drainage easement, it is proposed that the City agree to offset 100% of the Surface Water Utility system development charge that will become due for Boeing's Family Center development proposal (LUA-97-140, SA, ECF). The amount that would be offset is $10,379.85. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the Agreement Regarding Drainage Easement Dedication. H:DOCS:97-1157:S W:ps AGREEMENT REGARDING DRAINAGE EASEMENT DEDICATION THIS AGREEMENT, made this day of 1998; by and between THE BOEING COMPANY, a Delaware Corporation, hereinafter called "Boeing," and the CITY OF RENTON, a Municipal Corporation of King County, Washington, hereinafter called "City." RECITALS WHEREAS, Boeing is the owner of certain real property, hereinafter called"Property," located in the City along the west side of Springbrook Creek south of SW 16th Street; WHEREAS, the City desires a drainage easement over a portion of the Property for the widening of the Springbrook Creek channel, said portion being legally described in the attached Drainage Easement instrument; NOW THEREFORE, it is agreed as follows.- AGREEMENT 1. Boeing agrees to execute the attached Drainage Easement instrument for and in favor of the City within five days of the execution of this agreement. 2. The City agrees to compensate Boeing for the Drainage Easement by offsetting 100% of Boeing's Surface Water Utility system development charge that would be due for the Boeing Family Center proposal (City File No. LUA-97-140,SA,ECF). OWNER: THE BOEING COMPANY BY: CORPORATE FORM OFACKNOWLEDGMENT STATE OF WASHINGTON )SS Notary Seal must be within box 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: 1-1:130CS:97-work5:SW Agreement Regarding Page I of 2 Drainage Easement 12/19/97 Approved as to Legal Form: CITY OF RENTON BY: BY Lawrence J. Warren, Jesse Tanner City Attorney Mayor ATTEST: BY Marilyn J. Petersen City Clerk H:DOCS:97-worki:SW Agreement Regarding Page 2 of 2 Drainage Easement 12/19/97 CITY OF RENTON ••� Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman RE.,Administrator March 21, 1997 Rick Ford Boeing Company P. O. Box 3707 - MS 2R-71 Seattle,WA 98124-2207 Dear Mr. Ford: Thank you for your comments on the Draft Plan and Environmental Impact Statement (EIS) for the City's East Side Green River Watershed Project. We appreciate your support for the Springbrook Creek Alternative SC3 greenway concept, which will require more "right-of-way from the Boeing Company than the Springbrook Creek Alternative SC2. Your support is critical to us as we are recommending that the City Council approve selection of the greenway concept as the preferred alternative for the Springbrook Creek improvements. Council review of our recommendation for the preferred alternative is currently taking place. Following Council approval of the preferred alternative, we will then prepare and issue the Final Plan and EIS for the East Side Green River Watershed Project. The Final EIS will include responses to the comments made in your letter. It is our plan to widen the ,reach of Springbrook Creek along the Boeing Customer Service Training Center project site in the summer of 1998. The 1998 construction schedule depends upon the availability of funding from our federal sponsor, the Natural Resources Conservation Service (MRCS). To be eligible for NCRS funding, the"City must acquire the necessary right-of- way for the project to be implemented. Therefore, we wish to begin right-of-way acquisition discussions with the Boeing Company as soon as possible. Part of the process of reaching an agreement on the right-of-way acquisition will be to resolve boundary line discrepancies between the properties along the channel owned by Drainage District #1, the Boeing Company, and the City of Renton. We appreciate your assistance and look forward to working with you as we develop an agreement whereby the City has the right-of-way necessary to construct the channel widening project. I will contact you soon to arrange a meeting to start our right-of-way discussions. However, please feel free to call me at(206)277-5547 if you wish. Sincerely, Scott Woodbury,Project Mager Surface Water Utility H:DOCS:97-259:SW:ps CC: Ron Straka 200 Mill Avenue South - Renton, Washington 98055 MThis oaoer contains 50%recvcled material.90%nest cnnsi ern— Return Address: City Clerk's Office City of Renton 200 Mill Avenue South Renton, WA 98055-2189 Title: DRAINAGE EASEMENT Property Tax Parcel Number: 2423049022 Project Name:East Side Green River Watershed Project Street Intersection: SW 16th St&Oakesdale Ave Reference Number(s)of Documents assigned or released: None Grantor(s): Grantee(s): 1. The Boeing Company, a Delaware Corporation 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 non-exclusive drainage easement: All that certain real property situated in the City of Renton, County of King, State of Washington, in the NE 1/4 of the SE 1/4 of Section 24, Township 23 North, Range 4 East, W.M. described as follows: Beginning at the Southeast Corner of the parcel conveyed to the City of Renton under Recording No. 8911030810, King County records, said corner being located on the west right-of-way line of the White River Drainage District No. 1, as condemned in Superior Court Cause No. 32912, King County Records; thence leaving said right-of-way line and traversing along the south line of the said City of Renton parcel S79°12'27"W a distance of 48.80 feet;thence leaving said south line and continuing along the following courses: S 10 4733"E 28.10 feet, S 1 48'32"W 55.64 feet, S7 14'42"E 106.28 feet, S20 5'30"E 70.75 feet, S30 55'50"E 63.85 feet,N15 39'58"E 24.65 feet, S39 53'54"E 45.30 feet, S30 6'16"E 71.60 feet, S27 1210"E 123.76 feet, S36 0141"E 30.15 feet, S31 50'12"E 40.20 feet, N58 9'48"E 50.00 feet to the said west right-of-way line of said District No. 1; thence continuing along said west right-of-way line the following courses: N31 50'12"W 42.02 feet,N36 0'41"W 74.11 feet, N31 19'50"W 41.01 feet,N27 12'0"W 34.56 feet,N30 6116"W 76.04 feet, N39 53'54"W 32.19 feet,N30 55'50"W 51.32 feet,N20 5'30"W 40.14 feet,N19 25'58"W 66.50 feet,N7 14'42"W 48.28 feet,N1 48'32"E 51.68 feet,N10 47'33"W 39.01 feet to the point of beginning; except that portion to be deeded under separate conveyance for the Oakesdale Avenue roadway. Contains 29,807 square feet of land, more or less, inclusive of area for Oakesdale Avenue dedication. The Basis of Bearings for this description is the Record of Survey for the City of Renton, recorded in Book of Surveys at page under Recording No. King County records. H:DOCS:97-913:SW:ps Page 1 of FORM 03 0000/bh/CA2-21-97 That said Grantor(s), for and in consideration of mutual benefits,do by these presents,grant,bargain,sell, convey,and warrants unto the said Grantee, its successors and assigns,an easement for drainage with necessary appurtenances over,under,through,across and upon the following described property(the easement area)in King County,Washington,more particularly described on page 1. For the purpose of installing,constructing,operating,maintaining,removing,repairing, replacing,and using a drainage channel,together with the nonexclusive right of ingress and egress thereto without prior institution of any suit or proceedings of law. 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 existing easements and 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. Grantor shall not,however,have the right to: a. Erect or maintain any buildings,utilities,structures,and related appurtenances within the easement, except the following existing features previously installed for the Boeing Customer Services Training Center project: • concrete storm water outlet vault and appurtenances. • storm water outfall piping with backwater control valves and other appurtenances. b. 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. 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. By this conveyance,Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons,whomsoever,lawfully claiming or to claim the same. This conveyance shall bind the heirs,executors,administrators and assigns forever. IN WITNESS WHEREOF,said Grantor has caused this instrument to be executed this_day of 19 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: KD0CS:97-913:SW:ps Page 2 of 3 FORM 03 0000/bh/CA2-21-97 EXHI B!T A MAP N8734'33"W 2672.74' � N89'33'50"E NORTH LINE OF 19 14,51' SE 1/4 N00'26'10"W S00'47'36"W A = 00'10'38" 30.00' 132.86' R = 1880.08' L = 5.82' N8933'50"E 1276.09' CONCAVE TO SOUTH CONVEYANCE TO S.W. 16TH ST. CITY OF REN TON REC. #8911030810 CONVEYANCE TO 1 CITY OF REN TON 2 2 REC. #89110390809 N 10*47'33'W EASEMENT 3 24 35.00' AREA CENTER OF DRAINAGE DITCH NO. 1 AS LOCATED 23 BY FIELD SURVEY PER ROS BOOK 85, PGS 27-27A. LINE DIREC77ON DIST. 4 I S79'12 27 W 48.80 2 SI04733 E 28.10 3 S1*4832 W 55,64 4 S794 42 E 106.28 22 ^ 5 S20 5 30 E 70.75 to L 6 S30 55 50 E 63.85 7 1 N15 39 58 E 24.65 Q 8 S39 53 54 E 45.30 5 21 r� 9 S30 6 16 E 71.60 =t p 10 S27*12 0 E 123.76 C) Z 11 S36'0 41 E 30,15 Z O 12 S3150 12-E 40.20 2 I 13 N58^9 48 E 50.00 14 N3150 12 W 42.02 6 CONVEYANCE TO Q 15 N36'0 41 W 74,11 ] 1 16 N31-19 50 w 41.01 8 CITY OF RENTON 17 N27 12 0 W 34.56 �� REC. #9607230798 18 N30-6 16 W 76.04 19 N3953 54 W 32.19 � 1 20 N3055 50 W 51.32 0. 21 N20 5 30 W I40.14 22 N 19'25 58 W 66.50 23 N714 42 W 48.28 1 24 N 1*49 32 E 51.68 25 Nl0'4733 W 39.01 0 . 1 10 1 DRAINAGE DISTRICT NO. 1 40' WIDE DITCH RIGHT-OF-WAY AS SET FORTH IN SUPERIOR COURT 11 I 14 V� CAUSE 32912. 12 1 0 1"=100' 100 1/16 TH COR. MON. PER ROS, BOOK 74, ( IN FEET ) PG. 198 AND BOOK 104, PG. 274 v�vsT.avJ29lRSAC Wc[FC.600Wf 0VjCsr ft"3 of.7 R CITY OF RENTON Office of the City Attorney Jesse Tanner,Mayor Lawrence J.Warren MEMORANDUM To: Scott Woodbury From: Lawrence J. Warren, City Attorney Date: April 20, 1998 Subject: Agreement Regarding Drainage Easement The issue paper is self explanatory and complete. Therefore, I have no comments. Lawrence J. Warren`- LJW:as. cc: Jay Covington A8:139.68. Post Office Box 626 - 100 S. 2nd Street - Renton, Washington 98057 - (425)255-8678 ®This paper contains 50%recycled material,20%post consumer 04/17/98 07:39 FAX 425 235 2541 RENTON P/B/PW f71002/004 CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: January 2, 1998 TO: Bob Edwards, President Members of the City Council VIA: Mayor Jesse Tanner FROM: Gregg Zimmerman &F�- STAFF CONTACT: Ron Straka(X-5548) Scott Woodbury(X-5547) SUBJECT- DRAINAGE EASEMENT DEDICATION FROM TIM BOEING COMPANY ISSUE: Dedication of an approximately 0.7 acre drainage easement from the Boeing Company for the widening of Springbrook Creek along a portion of the Boeing Customer Service Training Center near SW 16th Street. RECOMMENDATION: Authorize the Mayor and City Clerk to execute an Agreement Regarding Drainage Easement Dedication with the Boeing Company. BACKGROUND: An approximately 0.7 acre drainage easement is needed over a portion of the Boeing Company's Customer Training Center property along Springbrook Creek near SW 16t1h Street to allow for widening of the creek. The creek widening within the proposed easement area is scheduled to take place in the summer of 1998 in conjunction with the Oakesdale Avenue SW Extension Project. The creek widening work will be funded by the Surface Water Utility Capital Improvement Program. To compensate Boeing in exchange for the drainage easement, it is proposed that the City agree to offset 100% of the Surface Water Utility system development charge that will become due for Boeing's Family Center development proposal (LUA-97-140, SA, ECF). The amount that would be offset is $10,379.85. CONCLUSION: The Planning/Building/Public Works Department recommends that Mayor and City Clerk be authorized to execute an Agreement Regarding Drainage Easement Dedication with the Boeing Company. Compensation for the drainage easement would total $10,379,85 and be accomplished by offsetting 100% of the Surface Water Utility system development charge that will become due for Boeing's Family Center development proposal. 1•1:00CS:97-1 156:S W ps cc Mol101sco 04/17/98 07:40 FAX 425 235 2541 RENTON P/B/PW I�J. 003/004 AGREEMENT REGARDING DRAINAGE EASEMENT DEDICATION THIS AGREEMENT, made this day of 1998; by and between THE BOEING COMPANY, a Delaware Corporation, hereinafter called "Boeing," and the CITY OF RENTON, a Municipal Corporation of King County, Washington, hereinafter called"City." RECITALS WHEREAS, Boeing is the owner of certain real property, hereinafter called"Property," located in the City along the west side of Springbrook Creel: South of SW l6th Street; WHERL-AS, the City desires a drainage easement over a portion of the Property for the widening of the Springbrook Creek channel, said portion being legally described in the attached Drainage Easement instrument; NOW THEREFORE, it is agreed as follows: AGREEMENT 1. Boeing agrees to execute the attached Drainage Easement instrument for and in flavor of the City within five days of the execution of this agreement. 2. The City agrees to compensate Boeing for the Drainage Easement by offsetting 100% of Boeing's Surface Water Utility System development charge that.would be due for the Boeing Family Center proposal (City file No. LUA-97-140,SA,ECF). OWNER. THE BOEING COMPANY BY: CORPOIZAT£FORM OF ACKNOWLCDCMENT S"rA"rr,OIL WASHING I'ON )SS Notary Seal must be within box COUNTY 01" ICING ) On this day of 19..___, before me personally appeared to me known to be of the corporation that exccutcd 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 thcrcin 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: IH)0CS:98-064:SW ngrccmcm Itclarding Page 1 of Druinugc Ewcownt 1127M 04/17/98 07:40 FAX 425 235 2541 RENTON P/B/PW 2 004/004 Approved as to Legal Form: CITY OF RENTON Lawrence J. Warren, Jesse Tanner City Attorney Mayor ATTEST: Marilyn J. Petersen City Clerk )+DOCS;98•064;SW Agrcemcnt Regarding Pagc 2 of 2 Drainage Easement 1/27r9g �_ ��° �'7�� >i/1 � � S Gy / T Q&-'VAHVU)a, 115 F 2 2 3, 7 G S o(j, GIST" 44CIO6, 0 3<j;0 17, IL F CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: 03/17/00 i TO: 4' Clint Morgan FROM: Allen Quynn SUBJECT: SeaPac Storm Drainage Review The following are storm drain review comments for the above eferenced development: 1. The City requires that all finish floor elevations must a one foot above the FEMA 100-year flood elevation. Based on the FEMA floodplain in s, the 100-year flood elevation occurs at El 20.88 NAVD 88. Adding the rewired 1-ft, a finish floor elevation must be set at a minimum elevation of 21.88 NAVD . The ans show the finish floor elevation for the new addition as El. 20.65 NAVD 88 or 1. 3' 1 er than what is required. The applicant must resubmit the plans with the finish floor el ion of new building addition equal to or greater than El. 21.88 NAVD 88. 2. The City also requires that compensat ry stor e be provided for any fill that occurs below the 100 year flood elevation as dete fined by th FEMA 100 year flood elevation or the City 100 year future condition flood in el, which eve is lower. The lowest value is the FEMA flood elevation of 21.18 NAV 88 which is 0. feet above the proposed finish floor elevation. It should be noted at once the applic t complies with comment 1 then the compensatory storage require ent is automatically satis ed. 3. The plans do not show t size of the existing storm drai serving the parking area on the south side of the site. T e proposed storm drain system (sho as 24" for the trunk line and 8"for the laterals)mu be the same size or greater than the exis ' g system. If you have any questi s,please call me at x-7247. cc: Ron Strak H:\DPASION.S\UTILITIE.S\DOCS\2000-130.doc\a CAG-96-092 ' !NlTIAL.S: AGREEMENT REGARDING RIGHT-OF-WAY DIN , ACQUISITION FOR DRAINAGE CHANNEL PG =°p- THIS AGREEMENT, made this 1'7.4(day of 199 y and between EENAROYA CAPITAL COMPANY, L.L.C, he mzftcr called "Benaroya," and the CITY OF RENTON, a Municipal Corporation of King County, Washington, hereinafter called "City." RECITALS WHEREAS, Benaroya is the owner of certain real property, hereinafter called "Property," located in the City, legally described on Exhibit B attached hereto and by this reference made a part hereof, WHEREAS, the City desires right-of-way for a drainage channel within a portion of the Property along Springbrook Creek, said portion being legally described on Exhibit A attached hereto, hereinafter called the"Right-of-Way'; and WHEREAS, at the request of the City, Benaroya has revised its development plans for the Property so that no improvements will be constructed within the Right-of-Way. NOW THEREFORE, it is agreed as follows: AGREEMENT 1. Benaroya agrees to execute a right-of-way conveyance instrument for and in favor of the City within five days of the execution of this agreement. 2. The City agrees to compensate Benaroya for the Right-of-Way acquisition as follows: WITIALS° a. offset 100% of the Grantor's Surface Water Utility system development charge that may become due for the SW 16th Technical Center, proposal (City File No. LUA-96- 034,SA,SM,ECF); b. provide and construct any compensatory storage volume required for filling in the floodplain- � r3Y by the said SW 16th Technical Center proposal; c. offset 50% of the Grantor's Wastewater Utility and Water Utility system development : charges that may become due for the said SW 16th Technical Center proposal as calculated excluding any redevelopment credit. However, the amount to be waived is not to exceed that which will become due after subtracting all redevelopment credit from the total charges. 3. Following written request by Benaroya, the City agrees to provide an easement(s) across the Right-of-Way, for the purpose of a future storm water outfall(s) to Springbrook Creek from the Property. The design and construction of future storm water outfall(s) are subject to the City permit and review code requirements. 4. Following written request by Benaroya, the City agrees to provide an easement across the Right- of-Way for the purpose of a future vehicular bridge that would link both sides of the creek. The future easement and bridge are subject to and shall not conflict with the use, installation, construction, maintenance, and operation of the Springbrook Creek drainage channel adjacent to and within the Right-of-Way. The design and construction of a future bridge is subject to the City permit and review code requirements. KDOCS:96-300b:SW Agreement Regarding Right-of-Way Page I of Acquisition for Drainage Channel 6/4/96 5. The City agrees to construct a six-foot chain link fence along the entire new western property line if and when the City's future channel widening project within the Right-of Way is implemented. 6. The City agrees to provide and install perch poles along the creek if required by the Hearing Examiner for the said SW 16th Technical Center proposal . This agreement shall run with the land and shall be binding upon the parties, their heirs, successors in interest, and assigns. OWNER: BENAROYA CAPITAL COMPANY, L.L.C. STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I kno or have satisfactory evidence that -kirk igned this instrument, on oath Stated that he/they *we authorized to exec the instruWe nd acknowledged it as the e of e free and voluntary act of such party p es for the uses and purposes mentbbed in t1je instrument. �otary Public in an for the tat �, = of Washington ng at CO y Notary(print): My appointment expires: 1' Approved as to Legal Form: CITY OF RENTON BY: BY Lawrenc 4arren, Jess anner City Attorney Mayor ATTEST: BY Marilyn J. Petersen City Clerk H:DOCS:96-300b:SW Agreement Regarding Right-of-Way Page 2 of 6 Acquisition for Drainage Channel 6/4/96 Project: j-/kP,(0 f'KA J EXHIBIT A Work Order# CS 2 LEGAL DESCRIPTION PID_ � Grantor: 6;S,4AA',A STR: 2,4/-23-�Y Street Intersection:S-W )6r4 Sf That portion of the parcel described in Exhibit B, said portion being located in the northeast quarter of the southeast quarter of Section 24, Township 23 North, Range 4 East, W.M., in King County, Washington, and lying westerly of the following described line: Beginning at the southwest corner of said parcel, the true point of beginning of said line; thence S 87°34'06" E along said line and the south boundary of said parcel a distance of 76.63 feet; thence leaving aforesaid south boundary and continuing along said line the following courses: N22 3 P] 1"W 57.49 feet, N2319'29"W 142.12 feet, N3218148"W 76.27 feet, N3212'16"W 33.99 feet, N49 43'11"W 44.11 feet, N37 07'24"W 52.42 feet,N49 57'10"W 55.07 feet, N45 03'27"W 27.93 feet, N57 36'56"W 49.70 feet, N66 54129"W 56.14 feet, S89 25118"W 118.36 feet, N69 45141"W 18.95 feet,N49 31159"W 73.38 feet,N44 59'49"W 15.27 feet,N42 12'27"W 60.50 feet, N42 19115"W 20.27 feet, N37 32'08"W 73.40 feet,N33 24123"W 18.77 feet,N31 19'23"W 39.61 feet,N32 22'46"W 19.31 feet,N32 22146"W 23.20 feet,N31 05'11"W 78.10 feet,N30 41107"W 67.33 feet,N33 33114"W 42.30 feet, N24 46'34"W 55.48 feet, N18 09'37"W 50.76 feet, NO3 22'42"E 134.83 feet to the north line of said parcel and the end of said line. H:DOCS:96-300b:SW Agreement Regarding Right-of-Way Page 3 of 6 Acquisition for Drainage Channel 6/4/96 Project: t�tlA�FzaCSIJ�� /t'-5�_ EXHIBIT A CONTINUED Work Order# (,523, MAP EXHIBIT PID_33ye,=>c- 5-3oc. Grantor: 56,d^&G 7 A STR: Zc�_1.3_ I Street Intersection:SL 14'/- S'f Northwest Corner of Said Vacated sJ Block 34 Described in Exhibit B 29 Line# Bearing Dist.(ft) I Parcel Conveyed to City Of 1 S 87 34'06"E 76.63 f i Renton by Deed 2 N 22 3I'I1"W 57.49 i 28 Recording No. 8911030809 3 N 23 19'29"W 142.12 4 N 32 18'48"W 76.27 30� 5 N 32 1216"W 33.99 i 6 N 49 43'1 l"W 44.11 ' ` 27 7 N 37 07'24"W 52.42 8 N 49 57'10"W 55.07 t 9 N 45 )3'27"W 27.93 \ 26 10 N 57 36'56"W 49.70 1 I N 66 54'29"W 56.14 1\ 25 12 S 89 2518"W 118.36 13 N 69 45'41"W 18.95 \K 14 N 49 31'59"W 73.38 \ 24 15 N 44 59'49"W 15.27 31 \ 16 N 42 12'27"W 60.50 17 N 42 19'15"W 20.27 23 18 N 37 32'08"W 73.40 19 N 33 24'23"W 18.77 20 N 31 I9'23"W 39.61 \ 22 21 N 32 22'46"W 1931 21 22 N 32 22'46"W 23.20 20 23 N 31 051 l"W 78.10 19 24 N 30 41'07"W 67.33 25 N 33 33'14"W 42.30 18 26 N 24 46'34"W 55.48 27 N 18 09'37"W 50.76 3 28 N 03 22'42"E 134.83 17 29 S 89 26'29"W 71.72 r 11 30 S 07 46'31"E 186.50 1"=100' goo 31 S 26 15'01"E 278.69 I - U' 32 S 37 I T31"E 228.53 33 S 49 13'31"E 175.73 ( IN FEET } Q 34 S 79 28'1 1"E 204.36 \ 35 S 40 37'21"E 221.83 36 S 23 01'41"E 185.15 H:DOCS:96-300b: W Agreement Regarding Right-of-Way Page 4 of 6 fXE £ rs IAVo7saalsgwAl�suronc^r wo s-e-ss Acquisition for Drainage Channel r 6/4/96 taASf S.n! 4::AtQW P-VX( Project:W 4raL5W e1-Q /'-%- EXIMITACONTINUED work Order# G.$Z34 MAP EXHIBIT PIDL-33yaj/0-53oc 19 Grantor: )3�*✓A/A Ifs STR: 18 Street IntersectionALA 17 ; I 1 /16 r' 75 UJ Q, 14 13 12 li !( 3\ 10 9 34 7 See Line Table on Previous Sheet 6 5 35 4 \ 3 3 6\\ \ '"1 =100 \ \ e i o•� � 2 � IN FEET } ,, 1 Southwest Corner of Parcel —� Described in Exhibit B H•DOCS-96- 00 w Agreement Regarding Right-of-Way Page 5 of 6 f)[£NALE rr.{uoonz&%'S- O� Awrr.DWIPLr MW 5-8-96 I 6/4/96 Acquisition for Drainage Channel Project: +NA—IMSW-7�. EXHIBIT B work order# C;5-Z3,1 LEGAL DESCRIPTION PID;-33`/oyd - 33 U Grantor: 6&4^P-CYA STR: 21-13-y Street Intersectiow5 /[1 J� Sir f^ 10Ak4Y,),au Avc sW All of vacated blocks 32, 33, and 34 of C.D. Hillman's Earlington Gardens Addition to the City of Seattle, Div. 1, according to the plat threof, recorded in Volume 17 of Plats, page(s) 74, in King County, Washington; together with vacated Kenny Avenue (82nd Avenue South) and vacated Evans Avenue(83rd Avenue South)adjoining. Except that portion thereof conveyed to the City of Renton by deed recorded under recording number 8911030809. H:DOCS:96-300b:S W Agreement Regarding Right-of-Way i Page 6 of 6 Acquisition for Drainage Channel 6/4/96 RECEIVED THIS DAY WHEN RECORDED RETURN TO: sios 6R.41w IZIVc z Office of the City Clerk Ar,/X511fo f'r J of Renton Municipal Building JUL 18 f 2� OF Project Reference: W 33'YOW —53OG 200 Mill Avenue South I �.TION Parcel Tax Account N's Renton,WA 98055 Grantor(s)Name (S'�Nt�QuY h i ii f �r STR: -2y'23 r'�'' ' "_ `�TIOMS Street Intersection: v V;i r 04%"50 vE Yin/ CAG-96-092 Grantor, BENAROYA CAPITAL COMPANY, T,_L_C_ for and in consideration of mutual benefits conveys, quit claims, dedicates and donates to the City of Renton. a Municipal Corporation. Grantee herein, the following described real estate situated in the County of King, State of Washington. See Attached Exhibit "A" SUBJECT TO: Easements, restrictions, reservations, covenants, conditions and agreements. IN WITNESS WHEREOF, said corporation has caused this instrument to be executed this day of 19 . M OApproved and Accepted By: City of Renton BY: Its: Mayor 0 0 City Clerk ,o 8 O U W C Y H O rr Y C7 O O� O 01 O cc H:DOCS:96-96-300D.DOC:SW:ps Deed of Dedication rn m c Sheet I of 6 [L M PROPERTYSERVICES C3 .o EJ.496594 Oi/pp/9E 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/sheAftcy was/were authorized to execute the instrument and acknowledged it as the /`7ff�'h Gf _ of C/+ 1 j7rL &I, LLf-• to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Dated 7- f1--9-6 NQAry blic in and for the Sta e --�— of Washington residing at JOSEPH S. A�HAOEFF WASHINGTON Notary(Print): �yS�.s� �• �3z��r�iG STA1E OF My appointment expires: 3 —1 SOY AR'i-- PUBLIC �tY c04t►t1SS10N EXPIRES 3"01"99 d H:DOCS:96-96-300D.DOC:Sw:ps Deed of Dedication NI I Sheet 2 of 6 PROP Y SERVICES Project:w f.TQ1 Sta'40 10 T EXHIBIT A Work Order# 65236 LEGAL DESCRIPTION PID_31YO10 - 53 oa Grantor: W^k e 1 A STR: 2y—L3- I/ Street Intersection: '$w )(-ek Sf 1� CAfct5-04, f- Avi S..J That portion of the parcel described in Exhibit B, said portion being located in the northeast quarter of the southeast quarter of Section 24, Township 23 North, Range 4 East, W.M., in King County, Washington, and lying westerly of the following described line: Beginning at the-southwest corner of said parcel, the true point of beginning of said line; thence S 87°34'06" E along said line and the south boundary.of.said parcel:a.distance of 76-6.3 feet;.thence-leaving aforesaid south boundary and continuing along said line the following courses: N22 31'11"W 57.49 feet, N23 19'29"W 142.12 feet, N32 18'48"W 76.27 feet, N32 12'16"W 33.99 feet, N49 43'11W 44.11 feet, N37 07'24"W 52.42 feet, N49 57110"W 55.07 feet, N45 03'27"W 27.93 feet,N57 3656"W 49.70-feet,N66 54'29"W 56.14 feet, S89 25'18"W 118.36 feet,N69 45'41"W 18.95 feet, N49 31'59"W 73.38 feet, N44 59'49"W 15.27 feet, N42 12'27"W 60.50 feet, N42 19'15"W 20.27 feet, N37 32'08"W 73.40 feet, N33 24'23"W 18.77 feet, N31 19'23"W 39.61 feet, N32 22'46"W 19.31 feet, N32 22146"W 23.20 feet, N31 05'11"W 78.10 feet, N30 41'07"W 67.33 feet, N33 33'14"W 42.30 feet, N24 4634"W 55.48 feet, N18 09'37"W 50.76 feet,NO3 2242"E 134.83 feet toihe north line,of said parcel and the end of said line. t"7 C Cn H:DOCS:96-96-300D.DOC:S W:ps Deed of Dedication I Sheet 3 of 6 PROPERTY SERVICES Project:�Af� EXHIBIT A CONTINUED work Order# MAP EXHIBIT PIDL- 3320W)- 573X Grantor: STR: Street Intersection:5'� Northwest Corner of Said Vacated Block 34 Described in Exhibit B 29 r- Line# Bearing Dist.(ft) Parcel Conveyed to City of I S 87 34'06"E 76.63 ,I Renton by Deed 2 N2231'11"W 57.49 ; 28 Recording No. 8911030809 3 N 23 19'29"W 142.12 4 N 32 18'48"W 76.27 30% 5 N 32 12'16"W 33.99 6 N 49 43'1 1"W 44.11 7 N 37 07'24"W 52.42 ' 27 I 8 N 49 57'10"W 55.07 9 N 45 03'27"W 27.93 26 10 N 57 36'56"W 49.70 I 1 N 66 54'29"W 56.14 12 S 89 25'18"W 118.36 25 T-4 13 N 69 45'41"W 18.95 M14 N 49 31'59"W 73.38 24 15 N 44 59'49"W 15.27 31 16 N 42 12'27"W 60.50 C) 17 N 42 19'15"W 20.27 tD 18 N 37 32'08"W 73.40 23 19 N 33 24'23"W 18.77 20 N 31 19'23"W 39.61 2 21 N 32 22'46"W 19.31 21 22 N 32 22'46"W 23.20 23 N 31 05'11"W 78.10 20 24 N 30 41'07"W 67.33 \ 19 25 N 33 33'14"W 42.30 26 N 24 46'34"W 55.48 18 27 N 18 09'37"W 50.76 28 N 03 22'42"E 134.83 3 17 j 29 S 89 26'29"W 71.72 r 30 S 07 46'31"E 186.50 '11 31 S 26 15'01"E 278.69 c 1"=100' loo _J 32 S 37 17'31"E 228.53 U 33 S 49 13'31"E 175.73 IN FEET ) Q' 34 S 79 28'11"E 204.36 \ 35 S 40 37'21"E 221.83 36 i S 23 01'41"E 1 185.15 - H:DOCS:96-96-300D.DOC:SW:ps Deed of Dedication t Sheet 4 of 6 fXC NAI/E- N JACO SL 57WA1 J£S71 WOGIPLT UDD 5-8-96 PROPERTY SERVICES Project: WAfF�LS�i`—D /IaJ J EXHIBIT A CONTINUED work order N SZ 3G 19 MAP EXHIBIT PIDi 13go 1C — S3dc Grantor: g 4r^r—` 1A STR: 2Y-7-3-'y 18 Street Intersection:5�✓ 1611 51' o�l� SL ALL ,AvE Sw 17 _'16 Z'! 15 U' }` 14 Q i i3 12 11 33 10 9 '~ 8 34 7 See Line Table on Previous Sheet 6 5 35 4 a \ 3 a \ 36 0 1"=100' Ioo 2 ( IN FEET ) �- 1 Southwest Corner of Parcel — Described in Exhibit B �i H:DOCS:96-96-300D.DOC:Sw:ps Deed of Dedication NITI Sheet 5 of 6 7LE f NAME.• U•IUD07SLWJSrCRWJEW77.ONC/PLT Aloo s—e—se PROPERTY SERVICES Y sf- s/nt (,tu r 1t wix Project:W^T645 Jfp Ir,6 EXHIBIT B Work order# G;S z3 LEGAL DESCRIPTION PID` 3 3Y 0Y-4- f31511 Grantor: STR: 21-23-Y Street lntersection::I� i6 h Tj All of vacated blocks 32, 33, and 34 of C.D. Hillman's Earlington Gardens Addition to the City of Seattle, Div. 1, according to the plat threof, recorded in Volume 17 of Plats, page(s) 74, in King County, Washington; together with vacated Kenny Avenue(82nd Avenue South)and vacated Evans Avenue(83rd Avenue South) adjoining. Except that portion thereof conveyed to the City of Renton by deed recorded under recording number 8911030809. O c� t� O C� H:DOCS:96-96-300D.DOC:SW:ps Deed of Dedication ff Sheet 6 of 6 SERVICES ' CI1 Y OF RENTON COUNCIL AGENDA BILL• Al #: Submitting Data: Planning/Building/Public Works For Agenda of: DepuDiv/Board.. Utility Systems Division/Surface Water Utility May 20, 1996 Staff Contact...... Ron Olsen, Ron Straka Agenda Status Scott Woodbury(x-5547) Consent.............. X Subject: Public Hearing... Benaroya Acquisition for Future Correspondence.. Widening of Springbrook Creek Ordinance............. Resolution............ Old Business........ Exhibits: New Business....... Issue Paper Study Sessions....... Draft Agreement Regarding Right-of-Way Information......... Acquisition for Drainage Channel Recommended Action: Approvals: Refer to Utilities Committee of May 23, 1996 Legal Dept......... X (Pending) Finance Dept...... Risk Management Fiscal Impact: Expenditure Required... $160,000 Transfer/Amendment....... Amount Budgeted.......... $0 Revenue Generated......... Total Project Budget $0 City Share Total Project.. $160,000 Summary of Action: The 22.4 acre property formerly occupied by Group Health at 801 SW 16th Street is proposed for redevelopment under the 16th Street Technical Center proposal (City File No. LUA-96-034,SA,SM,ECF). The western boundary of the development site lies along a reach of Springbrook Creek. The Surface Water Utility has made application to the City for a comprehensive surface water capital improvement project, titled the East Side Green River Watershed Project (ESGRWP). The ESGRWP identifies this reach of Springbrook Creek for future widening and restoration. A total of 2.2 acres of right-of-way is needed along the creek from the 16th Street Technical Center site to construct the widened channel and the owner has agreed to grant the City the needed right-of-way. The right-of-way needed for widening the channel must be secured by the City in order to remain eligible for federal grant assistance from the ESGRWP's federal sponsor, the Natural Resources Conservation Service. There are currently no funds budgeted for the acquisition. Therefore, to compensate the owner in exchange for the right-of-way, it is proposed that the City agree to waive up to $160,000 of the utility system development charges that will become due for the development proposal and that the City provide and construct any compensatory storage volume required for filling in the floodplain by the 16th Street Technical Center proposal. The Surface Water Utility (SWU) will reimburse the water and sanitary sewer utilities any water and sewer system development charges for the SW 16th Street Technical Center that are waived in exchange for the right-of-way. The funds for reimbursement will be transferred from SWU carry forward balances through the year end budget adjustment process or funds will be allocated for the transfer in the 1997 SWU capital improvement budget. Details regarding the compensation and other terms and conditions for the right-of-way acquisition are included in the attached draft Agreement Regarding Right-of- Way Acquisition for Drainage Channel. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the Agreement Regarding Right-of-Way Acquisition for Drainage Channel. H:DOCS:96-300a:S W:ps CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: May 13, 1996 TO: Toni Nelson,President Members of the City Council VIA: Mayor Jesse Tanner FROM: Gregg Zimmerman (11- STAFF CONTACT: Ron Straka(X-5548) Scott Woodbury(X-5547) SUBJECT: BENAROYA ACQUISITION FOR FUTURE WIDENING OF SPRINGBROOK CREEK ISSUE: Acquisition of 2.2 acres of right-of-way from the 22.4 acre property formerly occupied by Group Health at 801 SW 16th Street for the future widening of Springbrook Creek. RECOMMENDATION: Authorize the Mayor and City Clerk to execute the Agreement Regarding Right-of-Way Acquisition for Drainage Channel with Benaroya Capital Company LLC for the acquisition of 2.2 acres of right-of-way for the future widening of Springbrook Creek. BACKGROUND: The 22.4 acre property formerly occupied by Group Health at 801 SW 16th Street is proposed for redevelopment under the 16th Street Technical Center proposal (City File No. LUA-96- 034,SA,SM,ECF). The western boundary of the development site lies along a reach of Springbrook Creek (see attached Figure 1). The Surface Water Utility has made application to the City (LUA-95- 205,ECF) for a comprehensive surface water capital improvement project, titled the East Side Green River Watershed Project (ESGRWP). The ESGRWP identifies this reach of Springbrook Creek for future widening and restoration. An environmental impact statement (EIS) is being prepared for the ESGRWP,with an internal review draft to be submitted this month to the City by the project consultants. Scoping for the EIS has already been completed, with a deadline for comments on the EIS scope of March 8, 1996. A scoping summary document has been prepared, incorporating all comments received, and is in the process of being distributed. Figure 2, excerpted from the EIS scoping summary, shows the combined project alternatives being considered in the ESGRWP. Figure 3 shows just alternatives 2 (SC2) and 3 (SC3) for Springbrook Creek, alternative 1 being no action. Both alternatives 2 and 3 include widening of the creek along a 3400 foot reach from SW 16th Street to SW 23rd Street,a portion of which borders the western boundary of the proposed 16th Street Technical Center project. BENAROYA ACQUISITIO11 -)R FUTURE WIDENING OF SPRINGB OK CREEK Page 2 The construction cost to widen the channel from SW 16th Street to SW 23rd Street is estimated to be up to $2,000,000. In the past, channel improvements along Springbrook Creek have been largely funded by the ESGRWP's federal sponsor, the Natural Resources Conservation Service (MRCS). The most recent channel widening project on Springbrook Creek from SW 16th Street to SW Grady Way is nearly completed at total cost of just over$718,000. Approximately$520,000 of this cost is funded by NRCS. NRCS may fund up to 100% of the construction cost for widening the channel from SW 16th Street to SW 23rd Street. However, any right-of-way needed for widening the channel must be secured by the City in order to be eligible for federal grant assistance from NRCS. Based on the current project schedule for the ESGRWP, NRCS anticipates requesting funding through its federal small watershed program for the SW 16th Street to SW 23rd Street reach for fiscal year 1997 or 1998. Acquiring the right-of-way will demonstrate the City's commitment to continuing its productive relationship with the NRCS. Including the recent construction cited above,this relationship has resulted in the construction of over 12 million dollars of improvements by NRCS (adjusted to today's dollars), including the Black River Pump Station which recently did a great job of protecting the Springbrook Creek valley from high Green River flows during the recent floods. A total of 2.2 acres of right-of-way is needed along the creek from the 16th Street Technical Center site for the future widening of the channel and the owner has agreed to grant the City the needed right-of- way. There are currently no funds budgeted for the acquisition. Therefore, to compensate the owner in exchange for the right-of-way, it is proposed that the City agree to waive up to $160,000 of the utility system development charges that will become due for the development proposal and that the City provide and construct any compensatory storage volume required for filling in the floodplain by the 16th Street Technical Center proposal. Because the future channel widening is a Surface Water Utility (SWU) project, the SWU will reimburse the water and sanitary sewer utilities any water and sewer system development charges for the SW 16th Street Technical Center that are waived in exchange for the right-of-way. The funds for reimbursement will 'be transferred from SWU carry forward balances through the year end budget adjustment process or funds will be allocated for the transfer in the 1997 SWU capital improvement budget. Details regarding the compensation and other terms and conditions for the right-of-way acquisition are included in the attached draft Agreement Regarding Right-of-Way Acquisition for Drainage Channel. The compensatory storage volume that the City would agree to construct totals 340,000 cubic feet. Approximately 175,000 cubic feet of additional storage was provided by the recently completed channel improvements from SW Grady Way to SW 16th Street. The balance of the compensation would be provided when the channel is widened adjacent to the 16th Street Technical Center site. Even though the remaining storage is not constructed concurrent with the fill activity, the added conveyance capacity created by the SW Grady Way to SW 16th Street project more than compensates for the temporary loss of floodplain storage on the 16th Street Technical Center site. In addition to this proposed acquisition,right-of-way is also needed from three other properties owned by Opus, Winmar, and Boeing to secure all the right-of-way necessary for the future ESGRWP 16th Street to 23rd Street channel widening project. A proposal to acquire an easement from the Opus property is submitted for Council review concurrent with this request. Negotiations with Boeing and Winmar are pending. H:DOCS:96-300:SW:ps CC: Ron Olsen 41 WH24 RECORDED RETURN TQ SA-9 2-0 0 6 CD Office of the Cttp Qetk 4 Renton Munidpal BW] tfg �11 200 Mill Avenue South Renton,WA 98055 SPRINGBROOK CREEK TRAIL EASEMENT J � 4 0 This Easement is made as of the ay of T 199by and between LONGACRES PARK, IN . , a Washi ton cor oration ("Grantor") and the City of Renton, a Washington c municipal corporation ("Grantee") . z K A R7 r, 0 RECITALS _o A. Grantor is the owner of certain real property ("Property") located in the City of Renton, King County, Washington and more particularly described in EXHIBIT A. B. The eastern boundary of the Property is formed by u. Springbrook Creek ("Creek") as approximately designated on C� EXHIBIT B. LO® C. Grantor intends to develop its Customer Service + Training Center ("CSTC") on a portion of the Property west of Q'y the Creek. _ D. The City desires to establish a public pedestrian trail ("Trail") along the Creek's western shore as the Creek borders the Property. E. Grantor is willing to quitclaim an easement for the Trail to Grantee, subject to the certain terms and conditions contained herein. AGREEMENT NOW, THEREFORE, for a good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Grantor hereby quitclaims to Grantee a nonexclusive easement across, along, in, upon and over that portion of the Property designated as the "Trail" on EXHIBIT B as reasonably necessary in width, but not wider than eight (8) feet, for the purpose of public use of the Trail. This Easement is, made subject to and conditioned upon the following terms, conditions and covenants which Grantee promises to fully observe and perform: v' TRAIL EASEMENT PAGE 1 103008-0352/SB921040.1541-4 3/21/94 1. Except for Emergencies and for Maintenance Purposes, Use of Motorized Vehicles on the Trail Is Prohibited. 2 . Use of Radios or Cassette Decks on the TrW Is Prohibited. Grantee shall place appropriate signs prohibiting use of radios or cassette decks along the Trail, and shall make reasonable efforts to enforce this prohibition. 3 . Use of the Trail Shall Be Limited to Pedestrians. 4 . Compliance with Laws and Rules. Grantee shall at all times exercise its rights herein accordance with the requirements of all applicable statutes, orders, rules and regulations of any public authority having jurisdiction. 5. Hours of Use Public use of the Trail shall be restricted to daylight hours only. 6. Maintenance All maintenance work to be performed by Grantee on the Trail, including maintenance of interpretive signs, shall be completed in a careful and workmanlike manner free of claims of liens. The Trail shall be maintained with the materials of construction and to the design standards as originally constructed. 7 . Restriction on Access by Grantee LO Grantee shall exercise its rights under this Agreement N solely on and within the Easement, and shall not have any LO right of access, ingress or egress over any other part of 0 Grantor ' s land. 8. Posting of Restrictions Grantee shall post and maintain appropriate signage containing all rules, regulations and restrictions for public use of the Trail . 9 . Use of Easement Area by Grantor Grantor retains the right to fully use and enjoy the land subject to the Easement, including the right to use the surface to the extent such use does not interfere with Grantee's rights hereunder. Grantor agrees not to erect TRAIL EASEMENT PAGE 2 103008-0352/SB9 21040.1541-4 3/21/94 buildings or structures on or over the Easement. Grantor does, however, reserve the right to construct private trails ("Private Trails") adjacent to, intersecting or crossing over the Trail. These Private Trails will be limited to the use of Grantor' s employees or business invitees, and will be marked as private property. If the public uses the Private Trails or otherwise trespasses on Grantor' s property, Grantor reserves the right to construct such security fence or devices as necessary to prevent public access to the Private Trails or private property. 10. Termination This Easement shall terminate upon: a. Abandonment or non-use by the public for two consecutive years or more; b. Failure of Grantee to maintain the Trail, as provided in Section 6 above, for two consecutive years or more; or C. Failure of Grantee to hold Grantor harmless from liability as provided in paragraph 14 hereof. - � 11. Release of Obligations on Termination No termination of this Easement shall release Grantee L?) from any liability or obligation with respect to any matter O occurring prior to such termination. 12. Reversion The rights and benefits of Grantee contained herein shall automatically revert to Grantor upon any grant, sale, conveyance, or quitclaim of this Easement or any of the City' s or public rights herein to any other party. 13. Relocation or Realignment Grantor reserves the right to relocate or realign the Trail, or any portion thereof, at its sole discretion and at its sole cost and expense, if necessary for the conduct of Grantor' s operation of the CSTC, provided that the relocation or realignment shall not substantially impair the use or purpose of the Trail. Any such relocation or realignment shall maintain and continue connection to the balance, if any, of the Trail network. Upon any such relocation or realignment, Grantor shall grant a new easement for the new portion of the Trail, and Grantee shall reconvey those portions of the existing Easement no longer required for the Trail. TRAIL EASEMENT PAGE 3 [03008-0352/SB921040.1541-4 3/21/94 14 . Hold Harmless and Indemnity Grantee does hereby release, indemnify and promise to protect, defend and save harmless Grantor from and against any and all liability, loss, damage, expense, actions and claims, including costs and reasonable attorneys ' fees incurred by Grantor in defense thereof, asserting or arising directly or indirectly on account of or out of any acts or omissions of Grantee and Grantee' s servants, agents, employees and contractors related to this Easement or public use of the Trail. 15. Notices Notices required to be in writing under this Easement shall be given as follows: If to Grantor: Renton Division, Director of Facilities Boeing Commercial Airplane Group P.O. Box 3707 ,Q..� M/S 6Y-50 Ll Seattle, WA 98124-2207 N V) with a copy to: O Richard E. McCann, Esq. Perkins Coie 1201 Third Avenue, 40th Floor Seattle, WA 98101-3099 If to Grantee: Mayor Earl Clymer City of Renton 200 Mill Avenue South Renton, WA 98055 with a copy to: Lawrence J. Warren, Esq. Warren, Kellogg, Barber, Dean & Fontes 100 S. Second Street P.O. Box 626 Renton, WA 98057 Notices shall be deemed effective, if mailed, upon the third day following deposits thereof in the United States mail, postage prepaid, certified or registered mail, return receipt requested, or upon delivery thereof if otherwise given. Either party may change the address to which notices may be given by giving notice as above provided. TRAIL EASEMENT PAGE 4 [03008-0352/SB921040.1541-4 3/21/94 16. Successors The rights and obligations of Grantor shall inure to the benefit of and be binding upon its successors and assigns . LONGACRES PARK, INC. , a Washington corporation By: ,-Jam J. Nelson, Vice resident APPROVED AS TO FORM: THE CITY OF RENTON, a municipal corporation of the State of Washin n By: Lawrence J. arren, Nam arl Clymer City Atto n Title: Mayor ATTES Name: a it n J. Petersen Title: 1 Clerk Ll N 0 Q; STATE OF WASHINGTON ) ss. COUNTY OF KlA) ) On this !9y;�f day of M,qy 190-y before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Ear Clymer to me known to be the per on who signed as Ai Axp - of The City of Renton, the municipal corporation that executed the within and foregoing instrument, and acknowledged 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- was duly elected, qualified and acting as said officer of the corporation, that was TRAIL EASEMENT PAGE 5 103008-0352/SB921040.1541-4 3/21/94 authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC i and for the State of Washington, residing at My Appointment Expires: /o-P3- 97 . STATE OF WASHING ON ) ss. COUNTY OF ) M On this #, a ay of 199 before me, �+ the undersig eotary Pub in and for the ate of e� Washington, duly commissione nd sworn, personally appeared In James J. Nelson, to me known to be the person who signed as N Vice President of LONGACRES PARK, INC. , the corporation that 0 executed the within and foregoing instrument, and acknowledged 0 said instrument to be the free and voluntary act and deed of rr said corporation for the uses and purposes therein mentioned, and on oath stated that he was duly elected, qualified and acting as said officer of the corporation, that he was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. IN WITNESS WHEREOF I hav her nto se m hand nd official seal the day and year fi st ab r 'tte . NOT PUBLI in and for the StateC- - of Washington, residing at My Appointment Expires: TRAIL EASEMENT PAGE 6 (03008-0352/SB921040.154)-4 3/21/94 E7LHIBIT R Page 1 of 6 PARCEL 1 All that certain real property situate in the City of Renton, County of King, State of Washington, being Government Lot 14, and a portion of Government Lot 8, both in Section 24, Township 23 North, Range 4 East, Willamette Meridian, and a portion of the N.W. 114 of the S.E. 1/4 of said Section 24, and a portion of the N.E. 1/4 of the.S.E. 1/4 of said Section 24, and being more particularly described as follows: BEGINNING at the Southwest corner of the N.E. 1/4 of the S.E. 1/4 of said Section 24; thence from said POINT OF BEGINNING, along the East line of said Governrent Lot 14 S00056'17W 68.96 feet to the North line of Henry A. Meader's Donafion Land Claim No. 46; thence along said North line N87°13'S7'W 1462.38 feet; thence leaving said North line N00°22'l l"E 1022.22 feet to the southerly right-of-way line of I-405; thence along said southerly right-of-way line and the south right-of-way line of S.W. 16th Street from a tangent that bears N62°52'57'E, along the arc v-4 of a curve to the right having a radius of 543.14 feet and a central angle of 26°45'00', an arc length of 253.58 feet; thence tangent to the preceding curve N89°37'57"E 1079.63 feet; thence tangent to r-i the preceding course along the arc of a curve to the left having a radius of 1940.08 feet and a central L j angle of 02°52'00", an arc length of 97.07 feet; thence tangent to the preceding curve N86°45'57'E N 4.56 feet; thence tangent to the preceding course along the arc of a curve to the right having a radius Ll of 1880.08 feet and a central angle of 01°32'55', an arc length of 50.81 feet; to the northwest corner of the parcel conveyed to the City of Renton under A.F. a911030810,King County records;thence along the boundary of last said parcel S08°35'56'W 42.70 feet and N79°13'48"E 58.77 feet to the west right of way line of the White River Drainage Ditch No. 1, as condemned in Superior Court Cause No. 32912, King County Records; thence along said west right of way line the following courses: S00°25'33"E 47.35 feet, S01°48'32"W 44.26 feet, S07014420E 48.28 feet, S19°25'58'E 66.50feet,S20°05'30"E40.14feet,S30°55'50'E51.32feet, S39°53'54'E32.19 feet,S30°06'16'E 76.04 feet, S27°12'00'E 34.56 feet,S31°19'S0'E 41.01 feet, S36°00'41"E 74.11 feet, S31°50'12'E 42.02feet,S42°05'27'E47.21 feet, S40°1957'E47.67 feet, S45°25'52'E59.32feet, S50°37'12'E 39.63 feet, S51°16'S5"E 68.16 feet, S81°36'S0"E 62.75 feet, N86°59'20'E 94.92 feet, S55°04'26"E 53.26 feet, S48°31'30'E,45.85 feet, S39°25'24'E 49.84 feet, S36°49'16'E 46.76 feet, S44053'21"E 48.07 feet, S29°35-20"E 35.41 feet, S30°48'41'E 46.69 feet, S20°07'49'E 85.72 feet, and S24°18'59"E 68.77 feet to the South line of the N.E. 114 of the S.E. 114 of said Section 24; thence along last said South line N87°26'45"W 918.35 feet to the POINT OF BEGINNING. Contains 47.669 Acres of land more or less. The Basis of Bearings for this description is the Record of Survey for Broadacres Inc., recorded in Book 10 of Surveys at page 2, under Recording No. 7707289002, King County records. L.S. 11568 it568 �•�A J LW/FW C ok�t LOD 12-04-91 2/t6 REVPARCLLEG oa+� 3-2464-3906 I Pi C1f1A M P. fk P62_, , TYR BIT A Page 2 of 6 PARCEL I All that certain real property situate in the City of Renton, County of King, State of Washington, being a portion of the S.W. 1/4 of the N.E. 1/4, and of the N.W. 1/4 of the S.E. 114 of Section 24, Township 23 North, Range 4 East, Willamette Meridian, and being more particularly described as follows: Commencing at the intersection of the North margin of S.W. 16th Streit(South 153rd St.),with the West boundary of C.D. Hillman's Earlington Gardens Addition to the City of Seattle, Division No. 1, as per the Plat recorded in Volume 17 of Plats, Page 74, Records of King County; thence from said POINT OF COMMENCEMENT,Westerly along said North margin, 350 feet to the TRUE POINT OF BEGINNING of this PARCEL I; thence from said TRUE POINT OF BEGINNING, continuing Westerly along said North margin S89°37'57'W 257.00 y-4 feet; thence leaving said Northerly margin at right angles, N00°22'030W 214.06 feet to the ` Southerly right-of way line of.SR 405; thence along said Southerly right-of-way line from a tangent that bears N78°13'53'E, along the arc of a curve to the right having a radius of 2765.00 Nv feet, and a central angle of 05°23'22 , an arc length of 260.09 feet; thence leaving said LSoutherly right-of--way line S00°22'03`E 253.41 feet to the TRUE POINT OF BEGINNING. CONTAINS 1.39 Acres of land more or less. The Basis of Bearings for this description is the Record of Survey for Broadacres, Inc., recorded in Book 10 of Surveys at Page 2, under Recording No. 7707289002, King County records. �111�41 4 L.S. 27193 �- N LAn FrV C 11-21-91 PARCELI.LEG 3-2464-3806 • MMBIT A Page 3 of 6 PARCEL J All that certain real property situate in the City of Renton, County of King, State of Washington, being a portion of the S.W. 1/4 of the N.E. 1/4, and of the N.W. 1/4 of the S.E. 1/4 of Section 24, Township 23 North, Range 4 East, Willamette Meridian, and being more particularly described as follows: Commencing at the intersection of the North margin of S.W. 16th Street(South 153rd St.), with the West boundary of C.D. Hillman's Earlington Gardens Addition to the City of Seattle, Division No. 1, as per the Plat recorded in Volume 17 of Plats, Page 74, Records of King ,P4 County; thence from said POINT OF COMMENCEMENT, Westerly along said North margin, 607 feet to the TRUE POINT OF BEGINNING of this PARCEL J; thence from said TRUE T 4 POINT OF BEGINNING, continuing Westerly along said North margin S89°37'57'W 120.00 feet; thence leaving said Northerly margin at right angles, N00°22'03'W 187.07 feet to the L1 Southerly right-of way line of SR 405; thence along said Southerly right-of--way line from a tangent that bears N75°40'56'E,along the arc of a curve to the right having a radius of 2765.00 feet, and a central angle of 02°32'57 , an arc kngth of 123.02 feet; thence leaving said l Southerly right-of--way line S00`22'03'E 214.06 feet to the TRUE POINT OF BEGINNING. CONTAINS 0.55 Acres of land more or less. The Basis of Bearings for this description is the Record of Survey for Broadacres, Inc., recorded in Book 10 of Surveys at Page 2, under Recording No. 7707289002, King County records. H 1. ail F w �F�r L.S. 2719 t FWC 11-21-91 PARCELI.LEG 3-2464-3806 I EXHIBIT A Page 4 of 6 PARCEL K All that certain real property situate in the City of Renton, County of King, State of Washington, being a portion of the N.W. 114 of the S.E. 1/4 of Sca.ion 24, Township 23 North, Range 4 East, Willamette Meridian, and being more particularly described as follows: Commencing at the intersection of the North margin of S.W. 16th Street (South 153rd St.),with the West boundary of C.D. Hillman's Earlington Gardens Addition to the City of Seattle, Division No. 1, as per the Plat recorded in Volume 17 of Plats, Page 74, Records of King County; thence from said POINT OF COMMENCEMENT, Westerly along said North margin, 727 feet to the TRUE POINT OF BEGINNING of this PARCEL K; thence from said TRUE POINT OF BEGINNING, continuing Westerly along said North margin S89°37'57`W 62.00 feet; thence leaving said Northerly margin at right angles, N00°22'03`W 170.90 feet to the Southerly right-of way line of SR 405; thence along said Southerly right-of-way line from a Lr 11 tangent that bears N74°21'17'E, along the arc of a curve to the right having a radius of 2765.00 Ll feet, and a central angle of 01'19'39',an arc length of 64.06 feet; thence leaving said Southerly ® right-of-way line S00°22'03'E 187.07 feet to the TRUE POINT OF BEGINNING. va j CONTAINS 0.25 Acres of land more or less. The Basis of Bearings for this description is the Record of Survey for Broadacres, Inc., recorded in Book 10 of Surveys at Page 2, under Recording No. 7707289002, King County records. f w �Fs L.S. 2719 � FWC 11-21-91 PARCELK.LEG 3-2464-3806 PnrW cc Ftcyckl.P�M EXHIBIT a Page 5 of 6 PARCEL L All that certain real property situate in the City of Renton, County of King, State of Washington, being a portion of the N.W. 114 of the S.E. 1/4 of Section 24, Township 23 North, Range 4 East, Willamette Meridian, and being more particularly described as follows: Commencing at the intersection of the North margin of S.W. 16th Street(South 153rd St.), with the West boundary of C.D. Hillman's Earlington Gardens Addition to the City of Seattle, Division No. 1, as per the Plat recorded in Volume 17 of Plats, Page 74, Records of King County;thence from said POINT OF COMMENCEMENT,Westerly along said North margin, 789 feet to the TRUE POINT OF BEGINNING of this PARCEL L; thence from said TRUE POINT OF BEGINNING, continuing Westerly along said North margin S89°37'57'W 65.00 feet; thence N00°22'03'W 15.00 feet; thence S89°37'57'W 50.00 feet; thence leaving said Northerly margin at right angles, N00°22'03'W 121.79 feet to the Southerly right-of way line of SR 405; thence along said Southerly right-of--way line from a tangent that bears N71°52'08"E, along the arc of a curve to the right having a radius of 2765.00 feet, and a central angle of 02°29'09", an arc length of 119.96 feet; thence leaving said Southerly right-of- t way line S00`22'03'E 170.90 feet to the TRUE POINT OF BEGINNING. CONTAINS 0.39 Acres of land more or less. The Basis of Bearings for this desaiption is the Record of Survey for Bmadacres, Inc., recorded in Book 10 of Surveys at Page 2, tinder Recording No. 7707289002, King County N records. L.S. 27193 UXo FWC 11-21-91 PARCELL.LEG 3-2464-3806 EXHIBIT A Page 6 of 6 PARCEL M All that certain real property situate in the City of Renton, County of King, State of Washington, being a portion of the N.W. 1/4 of the S.E. 1/4 of Section 24,Township 23 North, Range 4 East, Willamette Meridian, and being more particularly described as follows: Commencing at the intersection of the North margin of S.W. 16th Street (South 153rd St.), with the West boundary of C.D. Hillman's Earlington Gardens Addition to the City of Seattle, Division No. 1, as per the Plat recorded in Volume 17 of Plats, Page 74, Records of King County; thence from said POINT OF COMMENCEMENT, Westerly along said North margin, 854 feet; thence N00°22'03"W 15.00 feet;thence S89°37'57'W 50.00 feet to the TRUE POINT OF BEGINNING of this PARCEL M; thence from said TRUE POINT OF BEGINNING, continuing along said North margin S89°37'57"W 65.00 feet; thence S44°37'57'W 21.21 feet; thence S89°37'57"W 124.11 feet; to the Easterly line of a parcel conveyed to the State of Washington by deed recorded under Auditor's File No. 5494126, King County records; thence leaving said North ,.I margin of S.W. 16th Street along last said Easterly line N22°42'33W 56.60 feet to the Southerly right-of way line of SR 405; thence along said Southerly right-of--way line on a spiral chord wn bearing of N66°40'47"E 68.54 feet; thence from a tangent that bears N68°17'56"E, along the arc of a curve to the right having a radius of 2765.00 feet, and a central angle of 03°34'27", an arc length of 172.48 feet; thence leaving said Southerly right-of-way line S00°22'03"E 121.79 feet to the TRUE POINT OF-BEGINNING. CONTAINS 0.46 Acres of land more or less. The Basis of Bearings for this description is the Record of Survey for Broadacres, Inc., recorded in Book 10 of Surveys at Page 2, under Recording No. 7707289002, King County records. L.S. 2719 �' 4 4A q FW C J, al LAlio s�"r 11-21-91 PARCELM.LEG 3-2464-3806 I • ' EXHIBIT B i•YJ `� � 15 . � PROPOSED PUBLIC TRAIL SPRINGBROOK CREEK . ......... 120 Lo ,.Ll a .................. . ..... .. ..... ,.1 . � � ..... ............ .. ... .... .... .. . . ...... .... ' 125 ---------------- . . . . . . . . . PRELIMINARY NOT FOR CONSTRUCTION REVIEW 100 % ................ CAG-96-091 WHEN RECORDED RETURN TO: Project:-'---- r ODx i Office of the City Clerk J �����r� � Renton Municipal Building AGREEM.NT-AND,EA§E1�El�iT Work Order# ro523 4.0 200 Mill Avenue South FOR DItA)NACt 61ANNEL PID.L-2y 23oy q`2-` C+- Renton,WA 98055 Grantor: U�uS c~an t J p r p STR: 2W-2-3-`/ : o Juii f 1 , 53 I 1 J� Street Intersection:5w i*� S`f o A A Sw THIS INSTRUMENT, made this)iL day of i'.- "� 19�4; by and between Opus Northwest o LLC, hereinafter called "Grantor," and the C ` OF RENTON, a Municipal Corporation of King County, Washington, hereinafter called "Grantee." That said Grantor(s), for and in consideration of ten dollars ($10.00) and other good and valuable consideration, the z receipt of which is hereby acknowledged by said Grantor, do by these presents, grant, bargain, sell, convey, and warrants unto the said Grantee, its successors and assigns, an easement for drainage with necessary appurtenances R, over, under, through, across and upon the following described property (the easement area) in King County, Washington, more particularly described as follows: o 0 See attached EXHIBIT A for legal description For the purpose of installing, constructing, operating, maintaining, removing, repairing, replacing, and using a µ drainage channel, together with the nonexclusive right of ingress and egress thereto without prior institution of any a suit or proceedings of law . 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: O Ll 1. The Grantee shall, upon completion of any work within the property covered by the easement, restore the surface Cj 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. All restoration shall be performed as soon as reasonably possible following completion of any work and shall be coordinated in advance with Grantor so as to cause the minimum amount of disruption to the use of and operation of Grantor's property of which the easement area is a part. G7 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. Grantor shall.,not,however, have the right to: a. Erect or maintain any buildings, utilities, structures, and related appurtenances within the easement; or b. 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. 3. At the request of the Grantee, the Grantor has revised its development plans for the easement area and the adjoining parcel to the east so that no improvements will be constructed within the easement area by the Grantor. To accomplish the said redesign, the Grantor will incur an additional cost of$25,079, as outlined in the attached Exhibit B. Therefore,to compensate the Grantor for this cost in exchange for this easement,the Grantee shall: a. offset a portion of Grantor's storm drainage system development charge in the amount of$25,079 that may become due for the Springbrook Creek Industrial Center proposal (LUA-96-015,SA,SM,ECF) or the Raymond Avenue Center proposal (LUA-95-064,SA,SM,ECF,LLA),whichever is implemented. b. allow the Grantor to remove and grade soil from and within the easement area for use as fill material for the construction of either of the development proposal listed in 3a above. Such activities, however, shall be H:DOCS:96-306b:SW:ps Agreement and Easement Italr_Int, Sheet I of 6 PROPERTY SERVICES prohibited in that portion of the easement area lying within and 25' from the ordinary high water level in the creek. Final grades after the soil removal and grading within the easement area are not to exceed 3 horizontal to I vertical and any excavated area shall be graded so as to remain free-draining. 4. Notwithstanding anything set forth above, Grantee's rights under this agreement are subject to the rights of Winmar-Metro, Inc., a Washington corporation ("Winmar"), its successors and assigns, under and pursuant to that certain non-exclusive access and utilities easement recorded as instrument 9603151187 in the Records of King County, Washington (the "Winmar Easement"), insofar as the Winmar Easement contemplates that Winmar may install a bridge and/or other appurtenances over the creek, including the easement area, all, subject, however, to Winmar obtaining the review and approval of all governmental agencies necessary in connection with any such bridge, including the City of Renton. 5. Grantee shall give Grantor reasonable notice prior to Grantee's exercise of its access rights hereunder in the case of any activities that may impact the operation of Grantor's facilities, business operations or activities on the property of which the easement is a part. Grantee shall coordinate its activities so as to cause minimum disruption of Grantor's and its tenants' business activities on the Grantor's property of which the easement is a part and shall cause its contractors or subcontractors to conform to all reasonable requests from Grantor or its tenants regarding minimization of interference or use of any of the access in parking areas on or adjacent to the easement. 6. Grantee shall indemnify and hold Grantor fully and completely harmless from any and all claims, costs, liabilities and damages arising out of this Easement Agreement or the use of the easement or the easement area by Grantee, its agents, contractors and employees (including reasonable attorneys' fees incurred in the investigation or defense of such actions). 7. In the event of litigation between the parties hereto, declaratory or otherwise, in connection with or arising out of this Easement Agreement, the prevailing party shall recover from the non-prevailing party all costs, including reasonable attorneys' fees, paralegals' fees, and other professional or consultants' fees expended or incurred in connection therewith, as set by the court, including for appeals, which shall be determined and fixed by the court as part of the judgment. 0 In L7 O CC H:DOCS:96-306b:SW:ps Agreement and Easement ` IN TIAL Sheet 2 of 6 PROPERTY SERVICES 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. i n tu" Grantor: and ; and ; STATE OF WASHINGTON ) SS COUNTY OF KING ) D_ I certify that I ow or have satisfactory evidence that MA*K PAAW100r signed thi instrument, on oath stated that 'she/they ka were authorized to execute the instrument and acknowledged it as the �Qf,St4tNI of ON5 AlOA-1wwo-t L LC to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Dated (0 1► (qb It Al S 4.c/\ w ��` �S �A� q ., Notary Public in and for the State ` 01ARY o N Ln: o of Washington residing at 60-fltu"u tv ti • ;�,�►•e® 7_ v Notary(print): EV6LYA) Lc)u w,cSR Cam'_ PUBt���,3�,���,v My appointment expires: 11 I�(� 7r_27 �., "ors/IJJ///l,I��6•`;.._' .I�•' ApprovA as to Legal Form: CITY OF RENTON BY: BY Lawrence J. Warren, Jes4Ter L9 City Attorney Mayor ATTEST: BY Marilyn J. Pe s v� City Clerk H:DOCS:96-306b:SW:ps Agreement and Easement INITIAL Sheet 3 of 6 PROPERTY SERVICES Project: EXHIBIT A Work Order# LEGAL DESCRIPTION PID_ �2y23 LW YO-0 Grantor: OPUT STR: ZLII 23- y Street Intersection: l5k. 5� le�`1.>r.a.+I9 avE SW Easement Area: That portion of Lot 2 of City of Renton Lot Line Adjustment No. LLA-95-064 (King County Recording No. 9508039005) in the southeast quarter of the southeast quarter of Section 24, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Commencing at the south corner of said Lot 2 and the true point of beginning; thence along the west line of said Lot 2 the following courses: N 37000'42" W 32.02 feet; thence N 55°28'15"W 83.16 feet; thence N 52°24'00" W 186.02 feet; thence N 54°03'57" W 280.51 feet; thence N 35°11'09" W 138.12 feet; thence N 23044'21" W 81.38 feet to a curve concave to the east having a radius of 35.78 feet; thence northerly along said curve through a central angle of 52°20'28" an arc distance of 32.69 feet; thence leaving said curve on a non-tangent bearing N 50°08'30" E 107.69 feet; thence N 51°45'16" E 68.97 feet; thence N 59°39'11" E 93.78 feet to a curve concave to the northwest having a radius of 154.57 feet; thence northeasterly along said curve through a central angle of 45°50'57" an arc distance of 123.69 feet; thence N 13°48'14" E 114.90 feet to a curve concave to the west having a radius of 334.26 feet; thence northerly along said curve through a central angle of 36°45'26" an arc distance of 214.44 feet; thence leaving said curve on a non-tangent bearing N 23°47'30" W 104.50 feet; thence N 28°32'10" W 63.10 feet; 0 thence N 20°51'33"W 41.80 feet to the northwest corner of said Lot 2; In thence leaving said west line of said Lot 2 S 87°26'45" E along the north line of said Lot 2 140.00 feet; L-j thence leaving said north line S 37'01'21" W 82.90 feet; O thence S 23°47'30" E 96.43 feet to a point on a curve concave to the west, said curve being non-tangent to the LO preceeding course and having a radius of 384.26 feet,the center of which bears S 65025'36" W; 0 thence southerly along said curve through a central angle of 36°45'26" an arc distance of 257.38 feet; C) thence S 13°48'14" W 114.90 feet to a curve concave to the northwest having a radius of 204.57 feet; CD thence southwesterly along said curve through a central angle of 45°50'57" an arc distance of 163.70 feet; thence S 59°39'11" W 90.32 feet; thence S 51°45'16" W 61.54 feet to a curve concave to the east having a radius of 105.00 feet; thence southerly along said curve through a central angle of 86°56'32" an arc distance of 159.33 feet; thence S 35°11'09"E 88.78 feet; thence S 54"03'57" E 272.92 feet; thence S 52°24'00" E 185.41 feet; thence S 55°28'15" E 72.03 feet to the east line of said Lot 2; thence S 00047'36"W along said east line 72.32 feet to the true point of beginning. Contains 90,418 square feet of land, more or less. H:D0CS:96-306bI:SW:ps Agreement and Easement INITIAL Sheet 4 of 6 PROPERTY SERVICES Opus Northwest LLC f UJ O P U 200—112th Avenue NE � Suite 205 Bellevue,Washington 98004 206-453-4100 Fax 206-453-1712 April 24, 1996 "t - Mr. Ronald J. Straka, Engineering Supervisor Public Works Department City of Renton ` 200 Mill Avenue, South Renton, Washington 98055 RE: Springbrook Industrial Center, Storm Drainage System Dear Ron: Pursuant to our meeting of 2 weeks ago relating to the possible widening of Springbrook Creek, Opus Northwest LLC would be interested in allowing an easement for a future widening of Springbrook Creek, subject to the following conditions: 1. A mutually agreeable easement is executed. 2. Additional costs due to storm drainage rework, being taken out of the storm drainage SDC charge as proposed by the City of Renton. 3. Opus would be able to cut and fill the site as previously submitted, using soils from within the O 50' setback. V) in Please find enclosed data sheets from Bush, Roed & Hitchings on the changes proposed in the CQ storm system. Preliminary plans will be submitted to you under separate cover. The storm Ll changes pursuant to our discussions would be as follows: O 0 Add 534 lineal feet of 12"storm pipe at$18 per lineal foot or $9,612 CD • Delete 341 lineal feet of 12"storm pipe at$18per lineal foot or {$6,138} • Delete 485 lineal feet of 15".storm pipe at$20per lineal foot or {$9,700} • Add 731 lineal feet of 18"storm pipe at$25 per lineal foot or $18,275 • Add 38 lineal feet of 24"storm pipe at$35 per lineal foot or $1,330 • Add 4 each type 1 catch basins at$850 per each or $3,400 • Add 2 each type 2 catch.basins at$2500 per each or $5,000 • Delete 1 each type 2 catch basin at$2500 per each or {$2,500} • Re-engineering costs for sketching, drawing and calculations S2,0W 5, 9co • Total additional costs 92S/ c-17 s A-rr,C-w iCV r►\p Ll 1, 1196 WUk Opus Northwest LLC is an affiliate of the Opus group of companies—Architects,Contractors,Developers rk;---- r„i,,..kti n.,ti now cr i,ie.nnio 6Ai1u ,&co AAinnaannik Paneacnla Phner.iY Sacramento.San Francisco.Seattle.Tamoa,Washington,D.C. OPUS. Letter to Mr.Ronald J.Straka Re:Storm Drainage System April 24, 19% if we cannot use soils from within the 50' setback, where we had initaially proposed biofiltration swales our cost will increase an additional $12,80Q00 Please review this information and call myself or John Anderson at Bush, Roed & Hitchings, if you have any questions. Assuming this meets with your approval we are prepared to finalize the storm drainage plans incorporating these changes, execute a easement with the City of Renton and formalize a agreement reducing the storm drainage SDC charge by $21,279. Please remember that time is of the essence to get all this accomplished. Very truly yours, i Bart Bry estad Director- Real Estate Development Enclosure cc: John Anderson - Bush, Roed & Hitchings BB/mmi Spring br(>ok:str4_24.doc 0 LO C) L7 Ca MAY-01-96 WED 07:49 OPUS NORTHWEST LLC FAX N0, 12064531712 P. 02/03 Opus Northwest Lac _^ 200-1121h Avenue NE OPUS. Suite 205 Bellevue,Washington 96004 r 6 izz,, 206.453-4100 Fax 206-453-1712 May 1, 1996 Mr. Ronald J. Straka Engineering Supervisor Public Works Department City of Renton 200 Mill Avenue South Renton, Washington 98055 RE: Springbrook Industrial Center, 19th & Raymond Avenue S., Renton Washington Dear Mr. Straka: Please rind enclosed a notice of additional work from Bush, Roed & Hiichings, rely Civil Engineering for the Springbrook Industrial Center Project. Their quote is for the storm system redesign pursuant to our latest discussions. I had errantly given you the number for this work in my letter of last as $2,000. The actual price for this work will be $5,800. Please insert the $5,800 in lieu of the $2,000 in the letter I had previously sent you. As discussed you should now be preparing a draft easement exhibit and a letter agreement discussing the reduction in the storm sewer system development charge. Please expedite this process as I would like to get these two items completed by next week. In Please call myself or John Anderson of Bush, Roed & Hitchings at (206) 323-4144, if you have LO any additional questions. ® Very truly yours, Bart Brynestad Director- Real Estate Development Enclosure Mrnmi Sp6n9brookstr5 1.doc N.V-01-96 WED 07.50 OPUS NORTHWEST LLC FAX NO. 12064531712 P, 03/03 2063237135 B.R.H. F-603 T-929 P-002 APR 25 '96 14:28 BUSH, ROED &HITC-INGS, INc. Notice of Additional Work No. 9 Attention: Bart Brynestad Date: 04/25/96 Opus NW, LLC Contract No.: 92233.14 Description: Raymond Avenue Center Work to be performed: Re-design storm system per city of Renton Reason for Work: As requested by city of Renton Work under this Notice of Additional Work will be accomplished: ❑ With no Change to the contract price, X For a lump sum Increase of$5,800 to the contract price. o On a time and expense basis not to exceed 5 without written authorization. o With worts to start immediately on a time and expense basis. ❑ With no change in the completion date. 0 ❑ With completion date extended calendar days. V bPerformance of this additional work is authorized by signature. Authorization must be received prior to release of drawings. J CD Issued by: H, project Manager Date Authorized by: Client Date WHEN RECORDED RETURN TO: Office of the City Clerk Renton Municipal Building 200 Mill Avenue South Renton, WA 98005 GRANTOR: Opus Northwest,L.L.C.,a Delaware limited Project: Springbrook Industrial Center liability company PID: 242304-9020 GRANTEE: City of Renton,a Municipal Corporation Grantor: Opus Northwest,L.L.C. of King County STR: 242304 ABBREVIATED LEGAL DESCRIPTION: Street Intersection: Raymond and 7-1 Adjusted Lot 2 of City of Renton Lot Line S.W. 19th Ll Adjustment No.LUA-95-064-LLA. CD Recorded under Recording No.9508039005, T-4 - King County,Washington. TT Full description is on pages A-1 and A-2. {� ASSESSOR'S TAX PARCEL No: 242304-9020-08 C�2 e-1 AGREEMENT TO AMEND DRAINAGE CHANNEL EASEMENT (No Monetary Consideration) d 0 T, THIS AGREEMENT TO AMEND DRAINAGE CHANNEL EASEMENT ("Amendment') is made the Z7i N9 day of Oke, 19_1,-/ by and between OPUS NORTHWEST L.L.C., a Delaware limited liability company , hereinafter called "Grantor," and the CITY OF RENTON, a Municipal Corporation of King County, ti Washington,hereinafter called"Grantee." E Cn Grantor owns certain real property situated in King County, Washington (the "Property") the legal description of which is attached hereto as Exhibit A. w it: A portion of the Property is subject to an easement for constructing, using, and maintaining a drainage 19 channel(the"Drainage Channel Easement')previously granted to Grantee in an instrument recorded July 5, 1996, x under Recording No. 9607050550 in the real property records of King County, Washington. The legal description of the area subject to the Drainage Channel Easement(the"Easement Area")is attached hereto as Exhibit B. 0 10 INITIAL DOCUMENT FORM APPROVED BY `� CITY ATTO �97 � M PROPERTY SERVICES cu cu ti r„ This Amendment amends the Drainage Channel Easement agreement as follows: 1. Grantee agrees that the existing encroachments into the Drainage Channel Easement Area as shown in that certain survey recorded on December 2 3 , 1997 in the real property records of King County, Washington under Recording No. 97 j z z.3—9001 (the "Existing Allowable Encroachments") may remain in the Easement Area. 2. At the time Grantee plans the construction of the drainage channel improvements that Grantee intends to construct in the Easement Area(the"Channel Improvements"), Grantor and Grantee shall cooperate in designing the drainage Channel Improvements to minimize the need for retaining walls to support the Existing Allowable Encroachments and maintain the slope of the adjacent Channel Improvements. 3. If Grantee determines that rock retaining walls are required to support the Existing Allowable Encroachments and maintain the slope of the adjacent Channel Improvements, Grantee shall notify Grantor of the height and general location of the required walls. Grantor shall either(1)design and construct such retaining walls in accordance with plans and specifications approved by Grantee or (2) pay Grantee's costs of designing and constructing such retaining walls. The obligations of Grantor under this Amendment ("Grantor's Channel Obligations")are personal to Opus Northwest,L.L.C., a Delaware limited liability company. 4. To secure the performance by Grantor of the Grantor's Obligations, Grantor shall post a$50,000, two- year bond. Grantee shall have the option to require Grantor to extend the term of the bond for a third year, if the retaining wall construction described in this agreement has not been substantially completed within the two-year bond period. All other terms and conditions of the Drainage Channel Easement remain in full force and effect and are d' unchanged by this Agreement. N t1 GRANTOR: GRANTEE: OPUS NORTHWEST,L.L.C., CITY OF RENTON, a Delaware limited liability compan a Municipal Corporation of King County By: Q� (JVonSolberg By: e President Name: Jesse Tanner Title: 2 STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that John Solberg is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Vice President of Opus Northwest, L.L.C., to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. .` p•YpV'**00 �; cs (Si ature of N t Public) O (Printed Name o Notary Public) ..... � My Appointment expires Z2L bmn STATE OF WASHINGTON ) )ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that <A&A6P� is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authoriz 4st9MkVt#ft*Pe instrument and acknowledged it as the _&0,e_ of The City of Renton to be the f� � l. of such party for the uses and purposes mentioned in this instrument. 0 NODat TARY q • :o � •V r • : r t N9•p PUBLJCOZ (Signature i t Public) ER . . 118WAS l'o (Printed Name of Notary Public) My Appointment expires l �' 3 EYIIIBIT A LEGAL DESCRIPTION OF THE PROPERTY Project: Springbrook Industrial Center PID: 242304-9020 Grantor. Opus Norrhwest, L.L.C. STR: 242304 Street Intersection: Raymond and S.W. 19th THAT PORTION OF GOVERNMENT LOT 13.SECTION 24.TOWNSHIP 23,NORTH.RANGE 4 EAST, WILLIAME iTE MERIDIAN,IN KING COUNTY,WASHINGTON.MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 24;THENCE NORTH 00'4T36' EAST ALONG THE EAST LINE THEREOF 9.69 FEET TO THE EASTERLY MARGIN OF A 40.00 FOOT WIDE RIGHT OF WAY FOR SPRINGBROOK CREEK AS DESCRIBED UNDER KING COUNTY RECORDING NUMBER 9412231106 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 37.00*42'WEST ALONG SAID RIGHT OF WAY LINE,A DISTANCE OF 32.02 FEET, THENCE NORTH 55.28'15'WEST 83.16 FEET; THENCE NORTH 52.24'00'WEST 186.02 FEET; THENCE NORTH 54.03'57'WEST 280.51 FEET, THENCE NORTH 35*11'09*WEST 138.12 FEET, Ll THENCE NORTH 23.44'21'WEST 81.38 FEET TO A POINT OF TANGENCY WITH A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 35.78 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 52-20'18'AN ARC DISTANCE OF 32.69 FEET TO A POINT OF NON-TANGENCY; THENCE NORTH 50°08'30'EAST 107.69 FEET; THENCE NORTH 51'45'16'EAST 68.97 FEET; N THENCE NORTH 59*39'11'EAST 93.78 FEET TO A POINT OF TANGENCY WITH A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 154.57 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45.50'57'AN ARC DISTANCE OF 123.69 FEET TO A POINT OF TANGENCY; THENCE NORTH 13"48'14'EAST 114.90 FEET TO A POINT OF TANGENCY WITH A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 334.28 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36'45'26'AN ARC DISTANCE OF 214.44 FEET TO A POINT OF NON-TANGENCY; THENCE NORTH 23°4T30'WEST 104.50 FEET; THENCE NORTH 28'32'10'WEST 63.10 FEET; THENCE NORTH 20°51'33'WEST 41.80 FEET TO A POINT ON THE NORTH LINE OF SAID GOVERNMENT LOT 13 AS SAID LINE IS SHOWN ON A RECORD OF SURVEY BY R.F.MILLPOINTER AS RECORDED UNDER KING COUNTY RECORDING NUMBER 8910069012 AND WHICH BEARS NORTH 87.26'45'WEST FROM THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 13; THENCE SOUTH 87°26'45'EAST ALONG SAID NORTH LINE 378.76 FEET TO SAID NORTHEAST CORNER; THENCE SOUTH 00.4T36'WEST ALONG THE EAST UNE OF SAID SECTION 24,A DISTANCE OF 1,320.39 TO THE TRUE POINT OF BEGINNING; (ALSO KNOWN AS ADJUSTED LOT 2 OF CITY OF RENTON LOT LINE ADJUSTMENT NUMBER LUA- 95-064-LLA.RECORDED UNDER RECORDING NUMBER 9508039005). L LAB'9 I :XPIRES 9/21/19 A-1 EXHIBIT B DRAINAGE CHANNEL EASEMENT LEGAL DESCRIPTION Pmje= Springbrook Industrial Center PM: 242304-9020 Grantor. Opus Northwest,L.L.C. STR: 242304 Street Intersection: Raymond and S.W. 19*h Fasement Area: That portion of Lot 2 of City of Renton Lot Line Adjustment No. LLA-95-064 (King County Recording No. 95C8039005)in the southeast quarter of the southeast quarter of Section 24,Township 23 North,Range 4 East.W.M., in King County,Washington,described as follows: ` Commencing at the south corner of said Lot 2 and the true point of beginning; thence along he west line of said Lot 2 the following courses: N 37°00'42'W 32.02 feet; thence N 55'28'15"W 83.16 feet; thence N 52'24'00"W 186.02 feet; ;hcnce N 54003'57' W 230.51 feet; lid' thence N 35°11'09'W 138.12 feet; C14 thence N 23'44'21"W 81.33 feet to a curve concave to the east having a radius of 35.78 feet; N thence northerly along said curve through a central angle of 52'20'28"an arc distance of 32.69 feet; thence leaving said curve on a non-tangent bearing N 50008'30'E 107.69 feet; thence N 51°45'16'E 68.97 feet; thence N 59'39'11"E 93.78 feet to a curve concave to the northwest having a radius of 154.57 feet; thence northeasterly along said curve through a central angle of 45*50*57"an arc distance of 123.69 feet; thence N 13°48'14'E 114.90 feet to a curve concave to the west having a radius of 334.26 feet; thence northerly along said curve through a central angle of 36'45'26"an arc distance of 214.44 feet; thence leaving said curve on a non-tangent bearing N 23*47*30"W 104.50 feet; thence N 28'32'10"W 63.10 feet; thence N 20°51'33'W 41.80 feet to the northwest corner of said Lot 2; thence leaving said west line of said Lot 2 S 87'26'45" E along the north line of said Lot 2 140.00 feet; thence leaving said north line S 37*01*21'W 82.90 feet; thence S 23*47*30" E 96.43 feet to a point on a curve concave to the west, said curve being non-tangent to the preceeding course and having a radius of 384.26 feet,the center of which bears S 65025'36"W; thence southerly along said curve through a central angle of 36°45'26'an arc distance of 257.38 feet; thence S 13*48'14"W 114.90 feet to a curve concave to the northwest having a radius of 204.57 feet; thence southwesterly along said curve through a central angle of 45'50'57"an arc disiartce of 163.70 feet; thence S 59'39'11"W 90.32 feet; thence S 51'45'16"W 61.54 feet to a curve concave to the east having a radius of 105.00 feet; thence southerly along said curve through a central angle of 86'56'32"an arc distance of 159.33 feet; thence S 35°11'09"E 88.78 feet; thence S 54°03'57" E 272.92 feet; thence S 52'24'00" E 185.41 feet; thence S 55'28'15"E 72.03 feet to the cart line of said Lot 2; thence S 00'47'36" W along said east line 72.32 feet to the true point of beginning. Contains 90,418 square feet of land,more or less. B-1 EXHIBIT B CONTINUED MAP EXHIBIT Project: Sptingbrook ludustrial Center PID: 242304-9020 Grantor. Opus Northwest,L.L.C. STR. 242304 Street Intersection: Raymond and S.W. 19th 22 10 9 � � 23 C ti 8 24yF ` 7 25 ccc Ent and Cue ve Tabia on Following Sheet Ll (14 25 N 5 27 4 28 0 t'=too' 100 3 29 t ( 1N FEET ) 2 30 1 South Corner of Lot 2 B-2 EXHIBIT B CONTINUED MAP EXHIBIT Project: Springbrook ludusn'iai Canter Pm: 242304-9020 Grantor. Opus Northwest,L.L.C. STR: 242304 Street Intersection: Raymond and S.W. 19th 17 Northwest Corner of Lot 2�g Une Table 18 Io r staring DbL(M 15 I N 37'ar42-W 32.02 2 N 35'2VIS-W 93.16 19 3 N 52 24Vr W 196.02 < N54*93•srw 30.51 14 ` ` N 35'11'09"W i37.12 6 N23V4`21-W SIA S N 50*%-- "E 107.69 9 N 51'45'16-E 6a.97 10 N 5939'11-E 93.7a 12 N 13'42•14-E 114.90 14 N 23*47*30'W 104.50 M 15 N 2r'32'10-W 63.10 13 16 N 2a51'33-W 41.90 Curve Table 20 17 S 97'26'45'E 140.00 1a S 3MI 21-W a2.90 ID O RaMw(n) Cc*"Axtk Are LcMt6 19 S 23'47'30'E 96.43 7 35.72 52'20`2r 32.69 21 S 13'42'14-W 114.90 11 154.57 45.50'Sr 123.69 23 S 59-39.11-W 90.32 13 334.26 36.45'26- 214.44 24 S 51'45'16-W 61.54 20 394.26 36'45'26- 257.39 26 S 35.11'09-E 89.79 22 204.57 45.50'57r- 163.70 27 S 54'03'Sr E 272.92 25 105.00 96-56'32- 159.33 12 21 28 S 52'24'00'E 195.41 H30 29 S 55.29-1 S-E 72.03 S 00'47'36-W 72.32 11 22 10 p 1'=too• '00 ( IN FEET ) 9 23 ti 8 y _ / 24 B-3 Project: e E,C EXHIBIT A CONTINUED Work Order MAP EXHIBIT PIDL- 2'!Z3 cy 9CZa Grantor: oPU5 STR: 2-y23---1 Street Intersection: 5u;igk4 DTP 1ZJl(l^J-J0 Avi SLJ 17 i Northwest Corner of Lot 2 -� 16 Line Table 18 ID# Bearing Dist.(ft) 15 I N 37°00'42"W 32.02 2 N 55°28'15"W 83.16 19 3 N 52°24'00"W 186.02 4 N 54°03'57"W 280.51 14 5 N 35'11'09"W 138.12 6 N 23°44'21"W 81.38 8 N 50°08'30"E 107.69 9 N 51°45'16"E 68.97 10 N 59'39'I1"E 93.78 12 N 13°48'14"E 114.90 14 N 23°47'30"W 104.50 15 N 28°32'10"W 63.10 13 16 N 20*51'33"W 41.80 Curve Table 20 17 S 87°26'45"E 140.00 18 S 37*01'21"W 82.90 ID# Radius(ft) Central Angle Arc Length 19 S 23°47'30"E 96.43 7 35.78 52°20'28" 32.69 21 S 13°48'14"W 114.90 11 154.57 45°50'57" 123.69 23 S 59'39'11"W 90.32 13 334.26 36°45'26" 214.44 24 S 51'45'16"W 61.54 20 384.26 36°45'26" 257.38 Q 26 S 35°1 1'09"E 88.78 22 204.57 45°50'57" 163.70 12 27 S 54°03'57"E 272.92 25 105.00 86°56'32" 159.33 Ll 21 c) 28 S 52°24'00"E 185.41 Lf� 29 S 55°28'15"E 72.03 © 30 S 00°47'36"W 72.32 8 tD 11 22 I, 10 0 1"=100' ioo i 1 ( IN FEET ) 9 23 8 24 H:DOCS:96-306bl:SW:ps Agreement and asement INITIAL Sheet 6 of 6 iK£mwE, a 165o231RAwavD.GTRVw7av4Y.OMC/f'Y.T PROPERTY SERVICES Project: EXHIBIT A CONTINUED Work Order# 6,S2 3 c MAP EXHIBIT PID_ 2-4/23v4/90 20 Grantor: 01-0 5 STR: 2-y" 2.3"2 ,./ 22 Street Intersection:Ste' 10/ A✓l SW 9 �y 23 8 �y 24 F 7 25 See Line and Curve Tables on Following Sheet 6 26 5 27 4 O Ln Ln O 28 O c00 � o t"=too' toc 3 29 ( IN FEET ) 2 30 1 South Corner of Lot 2 H:DOCS:96-306b1:SW:ps Agreement and Easement _ _ TIAL Sheet 5 of 6 RLENAmn tl-lar3025�RAwavo.c7RIEw780RY.Doo^T PROPERTY SERVICES WHEN RECORDED RETURN TO: Office of the City Clerk Renton Municipal Building 200 Mill Avenue South RECEIVE Renton, WA 98055 JUN 11 1997 KING COUNTY RECORDER Tr AGREEMENT AND EASEMENT Project:East Side Green River FOR DRAINAGE CHANNEL AND Watershed Project PEDESTRIAN TRAIL Work Order#65230 g PID: 24230490115 Grantor:Hunter Doualas,Inc STR: Sec 24.T23N.R4E Street Intersection: 19th Street and 0 Raymond Avenue THIS INSTRUMENT, made this 10A day of TCINE 1997; by and between Hunter Douglas, Inc., hereinafter called "Hunter Douglas," and the CITY OF RENTON, a Municipal Corporation of King County, Washington, hereinafter called "City." WHEREAS, Hunter Douglas is the owner of certain real property located in the City legally described as Lot 1 of City of Renton Lot Line Adjustment No. LLA-95-064 (King County Recording No. 9508039005)and which lies adjacent to and west of Springbrook Creek. WHEREAS, the City is proposing to widen Springbrook Creek along the Hunter Douglas property as identified in the East Side Green River Watershed Project Plan and Environmental Impact Statement (City File LUA-95-205,ECF) so as to increase the capacity of the creek to convey flows and thereby reduce upstream flooding problems. Z WHEREAS, an easement is required from Hunter Douglas over the east 50 feet of its property along Springbrook Creek in order for the City to accomplish the widening project. cz 0 C„ WHEREAS, Hunter Douglas is proposing to develop its property in accordance with the R Raymond Avenue Center West proposal(City File No. LUA-96-104,SA,SM,ECF). W CL' WHEREAS, the development proposal includes construction of a private bridge over " Springbrook Creek as its primary access, construction of a paved pedestrian trail within a x dedicated trail easement allowing public access along the entire length of the Hunter Douglas x Q :+ H:DOCS:97-410:SW:ps Agreement and Easement rtAL w Page 1 of 10 PROPERTY SERVICES c, n r- m property along Springbrook Creek, and requires filling within the 100-year floodplain as defined by the Federal Emergency Management Agency(FEMA). WHEREAS, Hunter Douglas does not have sufficient area on its property to excavate a volume of material equal to the volume of floodplain storage that will be filled by the development, except within the east 50 feet of its property. WHEREAS, the City has offered to construct the required compensatory floodplain storage for the Hunter Douglas development as part of its channel widening project in exchange for the granting of a drainage channel easement over the east 50 feet of the Hunter Douglas property. WHEREAS, Hunter Douglas desires that the center of its bridge over Springbrook Creek be offset 9 feet west of the centerline of the property along the creek owned by Drainage District No. 1 adjacent to and east of the Hunter Douglas property. WHEREAS, hydraulic analysis conducted by Hunter Douglas shows that the planned widened RT channel section will need to be centered within the span of the bridge at its shifted location so as to minimize head losses through the structure. 'L L -- f 5 f., b„4 f GD O WHEREAS, the City may need to construct a retaining wall to support the pedestrian trail on the west bank of the creek when the channel widening project is constructed and shifting the bridge opening closer to the pedestrian trail will result in a need for higher retaining walls supporting the trail in the vicinity of the bridge. ' WHEREAS, the original design for the Hunter Douglas bridge abutments and wingwalls must be modified so as to allow for future excavation of a widened channel under the bridge. WHEREAS, modifying the bridge design to accommodate the planned channel widening significantly increases the cost of the bridge. WHEREAS, installing the bridge to accommodate the planned channel widening when the bridge is originally constructed is less expensive and disruptive than making modifications to the bridge after it has already been built and is operational. WHEREAS, the City desires that the Hunter Douglas defer construction of the pedestrian trail until after the channel widening is completed so as to avoid the need for temporary closures of a newly constructed trail and to avoid potential damages to the new trail that could result in unnecessary restoration costs and construction delays. WHEREAS, the Hunter Douglas property is currently "land locked" with no developed access to the public right-of-way. H:DOCS:97410:SW:ps Agreement and Easement Page 2 of 10 WHEREAS, the Hunter Douglas development proposes and approval is based upon being able to construct the bridge over Springbrook Creek as primary access to the Hunter Douglas property. WHEREAS, Hunter Douglas must complete installation of the bridge within an extremely tight construction schedule before its temporary construction access easement through Boeing property to the west of the Hunter Douglas property expires. NOW THEREFORE, in consideration of ten dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, and in consideration of the performance of the covenants, terms and conditions hereinafter set forth, Hunter Douglas hereby grants, bargains, sells, conveys, and warrants unto the City, its successors and assigns, a permanent non-exclusive easement over, under, through, across and upon that portion of the Hunter Douglas land described in Exhibit A(the easement area). 1. The City shall have the right to use the easement area for installing, constructing, operating, maintaining, removing, repairing, and replacing a drainage channel, pedestrian trail, and related appurtenances and shall have right of ingress and egress thereto for the a, foregoing purposes without prior institution of any suit or proceedings of law. Following the initial construction of its facilities, the City may from time to time construct such additional facilities as it may require. 2. Except for repair and restoration of damage to the bridge or any of its components, which shall be completed by the City immediately following the occurance which caused such Q damage, the City shall, upon completion of any work by the City or its agents within the property covered by the easement, restore the surface of the easement, and any improvements disturbed or destroyed during execution of the work, to the condition they were in immediately prior to commencement of the work or entry by the City or its agents. All restoration shall be performed as soon as reasonably possible following completion of any work and shall be coordinated in advance with Hunter Douglas so as to cause the minimum amount of disruption to the use of and operation of the Hunter Douglas property of which the easement area is a part. 3. Hunter Douglas shall retain the right to use the easement as long as such use does not interfere with the easement rights granted to the City. Upon providing as much advance notice to the City as possible, Hunter Douglas may use the trail and easement for the purpose of reconstructing, maintaining, and repairing its storm water management facilities, bridge, and related appurtenances. Any improvements disturbed or destroyed during execution of the work must be restored to the condition they were in immediately prior to commencement of the work and use of the trail and easement by Hunter Douglas. All restoration shall be performed as soon as reasonably possible following completion of any work. Hunter Douglas shall perform its work so as to cause the minimum amount of H:DOCS:97410:SW:ps Agreement and Easement Page 3 of 10 disruption to the use of and operation of the trail and easement and shall provide temporary alternative routes for trail users when possible. Temporary trail closures shall be kept to a minimum. Notice of temporary trail closures shall be posted at least two days in advance in a minimum of two conspicuous locations along the trail as directed by the City. Emergency closures shall be posted immediately. Hunter Douglas shall not, however, have the right to: a. Erect or maintain any buildings, utilities, structures, and related appurtenances within the easement, except the following: • Hunter Douglas may install a vehicular bridge, approach roadway, and related appurtenances as needed to provide access and utility service across the creek for the Hunter Douglas property. The design and construction of the bridge, approach roadway, and related appurtenances proposed by Hunter Douglas within the easement area shall be in accordance with the attached plan SPR-3, subject to other governmental agency permit and code requirements and the conditions set forth in this agreement. • Hunter Douglas may install storm water outfall culverts to the creek across the easement. Culvert design and construction are subject to City and other d governmental agency permit and code requirements. • Hunter Douglas has agreed to install a pedestrian trail and related appurtenances along the entire length of its property along Springbrook Creek. The pedestrian trail design and construction are subject to City and other governmental agency permit and code requirements. The City agrees that the pedestrian trail and related appurtenances required to be installed by Hunter Douglas, or which are deferred pursuant to Section 11 of this Agreement, shall be substantially similar and with the same general standards for construction and materials as those required of property owners adjacent to the Hunter Douglas property. b. Develop, landscape, or beautify the easement area in any way which is inconsistent with landscaping plans developed by the City as part of its channel widening project or which would unreasonably increase the costs to the City of restoring the easement area and any private improvements therein. 4. Hunter Douglas agrees to design and install bridge abutments and wingwalls which allow for future excavation of a widened channel at the bridge crossing. The design of the abutments shall based on a future ground elevation at the face of the abutments of 11.7 feet (NAVD 1988 Datum) and 2 feet of cover above the bottom of the abutments. The design of the wingwalls shall be based on a future excavated grade of 3 horizontal to 1 vertical extending upslope from the future ground elevation of 11.7 feet at the face of the . abutments. H:DOCS:97-410:SW:ps Agreement and Easement Page 4 of 10 5. The City agrees to reduce the following Hunter Douglas development/mitigation fees by up to a total amount of one-hundred and thirty-six thousand four-hundred and eighty-seven dollars($136,487). • Surface Water, Wastewater, and Water Utility system development charges. • Transportation mitigation fee. The total amount by which the fees will be reduced shall be determined by computing the actual cost to design and install the bridge wingwalls and abutments in accordance with item 4 above and subtracting the cost Hunter Douglas would have incurred to design and install the abutments and wingwalls to fit existing channel grades. The final cost determination shall be based upon a detailed cost report prepared by Hunter Douglas. At a minimum the detailed cost report shall include the following information: a. A detailed cost breakdown of the actual design and installation cost for the bridge as constructed under the terms of this agreement, including a separate breakdown for the abutments and wingwalls. b. A detailed cost breakdown of the design and installation cost for the bridge had the abutments and wingwalls not been constructed to accommodate the future widening project in same format and level of detail as the cost breakdown for item 5a above. ,r? Actual design cost shall be used. Construction costs shall be estimated using the same unit prices for the bridge as actually constructed for similar items of work. GG c. The cost report shall list the quantity installed and the unit price for each item of work used in computing the total cost. The report is also to include all pertinent supporting documentation, such as material invoices, labor charges, equipment charges, approved (� bid proposals, and approved change orders. Costs shall include Washington State C� sales tax as applicable. The City shall provide Hunter Douglas with any comments on the detailed cost report within fifteen (15) days after receipt thereof. The parties shall work diligently together to resolve any differences in conclusions as to the amount of credit to which Hunter Douglas shall be entitled. Payment of the full amount of the development/mitigation fees listed above minus that portion to be offset by the City as set forth in this agreement shall be made at or prior to issuance of the Certificate of Occupancy. Any costs exceeding the maximum allowable reduction in development/mitigation fees ($136,487) shall be the responsibility of Hunter Douglas. 6. Hunter Douglas retains full responsibility for the installation, operation, maintenance, and repair of the entire bridge structure, including that portiori installed to accommodate the future channel widening project, and shall hold the City harmless for any liability arising therefrom. In the event the City damages the bridge structure or any portion or component thereof, however, the City shall have full responsibility for the repairs or restoration of the bridge or any portion thereof performed by the City pursuant to Section 2 of this H:DOCS:97-410:SW:ps Agreement and Easement Page 5 of 10 Agreement, and shall indemnify, defend and hold Hunter Douglas harmless from and against any claims, damages, actions, costs and fees (including attorney's fees) arising from such damage and repair and restoration. 7. Hunter Douglas agrees to keep available for inspection, by the City, for a period of six months after Certificate of Occupancy is issued for the Hunter Douglas project, the cost records and accounts pertaining to this agreement and all items related to, or bearing upon, these records. 8. Hunter Douglas agrees to release the City from any liability resulting from failure to complete construction of the bridge within the time limits established by any permit or easement granted the Hunter Douglas project. 9. Hunter Douglas agrees to pay any additional costs associated with the need for deeper retaining walls along the pedestrian trail in the vicinity of the bridge resulting from shifting the bridge 9 feet to the west. It is estimated that the wall height would increase 3 feet at the bridge and have no impact beyond 100 feet either side of the bridge. The resultant impact of the bridge offset and the need to install the widened channel section centered in the Vt bridge opening and therefore closer to the pedestrian trail is then estimated at 300 square feet of additional wall area. The City agrees to be responsible for maintenance and repair of the completed retaining wall. C� 10. The City agrees to provide and construct any compensatory storage volume required for filling in the 100-year FEMA floodplain caused by the Hunter Douglas proposal. O 11. The City and Hunter Douglas agree to defer construction of the pedestrian trail until no later than September 1998, unless an extension of the deferral is agreed to by both parties. The deferral shall be in accordance with Section 4-34-12 of the Renton City Code as if the requirements were set forth fully within this agreement, except that the Administrator of the Planning/Building/Public Works Department shall perform all functions attributed to the Board of Public Works and the amount of the security shall be reduced from 150% to 120% of the estimated cost of the pedestrian trail and related appurtenances. The cost used to determine the amount of the security shall include the additional costs associated with the need for deeper retaining walls along the trail as set forth in item 6 above. At its option, the City may install the pedestrian trail as part of the channel widening project currently scheduled for the summer of 1998, in which case Hunter Douglas would reimburse the City for its share of the actual costs to install the trail and related appurtenances. The agreement and easement shall run with the land described herein, and shall be binding upon the parties, their heirs, successors in interest and assigns. Hunter Douglas covenants that H:DOCS:97410:SW:ps Agreement and Easement Page 6 of 10 they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. Sianatulks of unt ou la : /0 �c t�r o r/li r W C � and STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that (�l2�vt, �p�C.tl signed this instrument, on oath stated that he/�keftkeq was/wrm-authorized to execute the instrument and ackn ycl dged it as the t\)w RQ a Uk- of p to be to ee�c ntary act of such rty/parties for the uses and purposes mentioned il the instrument. Notary Public in and for the St e TfaUe1,�` ��p� of Washington residing at RIMrat►„ �",�•! t> Notary(Print): ktQDA-C, T 121CI 69F AQ NASO� My appointment expires: j' r 2 QQQ 0 Approve to Legal For CI F RENTO C,O BY: By O Lawrence J. Warren, J se Tanner City Attorney Mayor ATTEST: �����»t�aa�uiut�u�ur+�iZ �•0 A� �F RENT B C�� % Marilyn J. Peters City Clerk _* SEAL 8 Aft 00 �4mrEo niminns"`u H:DOCS:97410:SW:ps Agreement and Easement Page 7 of 10 EXHIBIT A LEGAL DESCRIPTION Easement Area: The east 50 feet of Lot 1 of City of Renton Lot Line Adjustment No. LLA-95-064 (King County Recording No. 9508039005) in the southeast quarter of the southeast quarter of Section 24, Township 23 North, Range 4 East,W.M., in King County,Washington,more particularly described as follows: Commencing at the southeast corner of said Lot 1 and the true point of beginning; thence along the east line of said Lot 1 the following courses: N 37000'42"W 4.90 feet; thence N 55028'15"W 77.73 feet; thence N 52°24'00"W 186.51 feet; thence N 54°03'57"W 286.58 feet; thence N 35°11'09"W 148.78 feet; thence N 23°44'21" W 85.39 feet to a curve concave to the east having a radius of 75.78 feet; thence northerly along said curve through a central angle of 59°07'34" an arc distance of 78.20 feet; thence leaving said curve on a non-tangent bearing N 50°08'30"E 114.42 feet; thence N 51°45'16" E 72.30 feet; thence N 59"39'11" E 96.54 feet to a curve concave to the northwest having a radius of 114.57 feet; thence northeasterly along said curve through a central angle of 45°50'57" an arc distance of 91.68 feet; W' thence N 13°48'14"E 114.90 feet to a curve concave to the west having a radius of 294.26 feet; thence northerly along said curve through a central angle of 36°45'26" an arc distance of 188.78 feet; thence leaving said curve on a non-tangent bearing N 23°47'30"W 102.20 feet; C7 thence N 28°32'10" W 64.18 feet; thence N 20051'33"W 61.80 feet to the northeast corner of said Lot 1; thence leaving said east line of said Lot 1 N 87026'45"W along the north line of said Lot 154.49 feet; 0 thence leaving said north line S 20051'33"E 86.81 feet; thence S 28°32'10"E 65.46 feet; thence S 23047'30" E 99.40 feet to a point on a curve concave to the west, said curve being non-tangent to the preceding course and having a radius of 244.26 feet,the center of which bears S 67°02'48"W; thence southerly along said curve through a central angle of 36045'26" an arc distance of 156.70 feet; thence S 13°48'14"W 114.90 feet to a curve concave to the northwest having a radius of 64.57 feet; thence southwesterly along said curve through a central angle of 45°50'57" an arc distance of 51.67 feet; thence S 59°39'11"W 99.99 feet; thence S 51045'16"W 75.45 feet; thence S 50°08'30" W 120.75 feet to a point on a curve concave to the east, said curve being non-tangent to the preceding course and having a radius of 125.78 feet,the center of which bears S 51°17'16"E; thence southerly along said curve through a central angle of 62°27'05" an arc distance of 137.10 feet; thence S 23°44'21"E 90.41 feet; thence S 35°11'09"E 162.11 feet; thence S 54°03'57"E 294.16 feet; thence S 52°24'00"E 187.12 feet; thence S 55°28'15"E 5.72 feet to the south line of said Lot 1; thence S 87'18'57"E along said south line 91.82 feet to the true point of beginning. Contains 88,153 square feet of land,more or less. H:DOCS:97-410:SW:ps Agreement and Easement INITIAL Page 8 of 10 PROPERTY SERVICES EXHIBIT A CONTINUED MAP EXHIBIT 10 26 C 9 f� F 8 27 7 See Line and Curve Tables on Following Sheet 6 Legal Descriptions and Exhibits Prepared By: 28 Scott Woodbury, P.E. 12/18/96 cf' O 5 C'7 Ca 29 O 4 30 0 1"=100' 100 ( IN FEET ) 3 31 2 32 33 � H:DOCS:97-410:Mps Agreement and Easement Southeast Corner of Lot 1 Page 9 of 10 EXHIBIT A CONTINUED MAP EXHIBIT Northeast Corner of Lot 1 17 18 16 Line Table 15 ID# Bearing Dist.(ft) I N 37°00'42"W 4.90 19 2 N 55°28'15"W 77.73 3 N 52°24'00"W 186.51 14 4 N 54°03'57"W 286.58 5 N 35'11'09"W 148.78 20 6 N 23°44'21"W 85.39 8 N 50°08'30"E 114.42 9 N 51'45'16"E 72.30 Curve Table Rt 10 N 59'39'11"E 96.54 ryr 12 N 13°48'14"E 114.90 ID# Radius(ft) Central Angle Arc Length 14 N 23°47'30"W 102.20 7 75.78 59°07'34" 78.20 13 21 (� 15 N 28°32'10"W 64.18 11 114.57 45°50'57" 91.68 16 N 20°51'33"W 61.80 13 294.26 36°45'26" 188.78 O17 N 87°26'45"W 54.49 21 244.26 36°45'26" 156.70 18 S 20°51'33"E 86.81 23 64.57 45°50'57" 51.67 19 S 28°32'10"E 65.46 27 125.78 62°27'05" 137.10 20 S 23°47'30"E 99.40 22 S 13°48'14"W 114.90 24 S 59'39'11"W 99.99 22 12 25 S 51°45'16"W 76.45 26 j S 50°08'30"W 120.75 28 S 23°44'21"E 90.41 29 S 35°11'09"E 162.11 23 30 S 54°03'57"E 294.16 31 S 52°24'00"E 187.12 24 11 32 S 55°28'15"E 5.72 33 S 87°18'57"E 91.82 25 10 0 1"=100' ,00 ' A 26 O 9 ( IN FEET ) y� 8 H:DOCS:97-410:SW:ps Agreement and Easement Page 10 of 10 9706230814 • I M��' ' l t \ 1 1 I I I ��,•1`\t,'•.. !/�'� l:iu.K�ns air D�13.tt�er:�is.clRWtI`WK I~arMK � '� ''ta:z,:� 'i� I•I I i �j 'r!Px�y,IlI3-�. � r�-.a�i.�t`j%�,f'���A1,3� •`j: ,\ �`' ' ',` - l l I N I I; I : ! 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Boone Ave, Suite 450 Department of Resources Spokane,WA 99201-2348 Agriculture Conservation Service Phone 509-323-2955 Fax 509-323-2979 Date: April 5, 2000 Gregg Zimmerman, Administrator Planning, Building and Public Works Department City of Renton 1055 South Grady Way Renton, WA 98055 Dear Mr. Zimmerman: We have received you letter, dated March 7, indicating your interest in partnering with the Natural Resources Conservation Service (NRCS) to complete the design for the Springbrook Creek Channel Improvement from the 1-405 up to the P-9 confluence. We appreciate your willingness to assist NRCS regarding some of the tasks outlined on the schedule we sent earlier to you. Specifically, we need you assistance on the following tasks: Task 9, Design Survey — It is assumed that the City of Renton (or their consultant) will complete the necessary field surveys in order to update the Hydraulic Model that was developed by R.W. Beck and Northwest Hydraulic Consultants (NHC). NRCS will field survey only those areas that require a higher level of detail for design of the channel. Task 10, Wetland Mapping —Verification that the existing wetland map meets the current criteria and permitting requirements. Task 15, Sediment hazard analysis - It has been determined that the scope of work will be restricted to the upper banks of the channel. Since excavation will not occur directly in the channel bottom, previous testing of other project phases have shown hazardous sediment confined within the channel bottom. If any hazardous sediment did exist, it would not be disturbed; therefore, this task will be removed from the task list. Task 17, Sediment transport Model — Development of a sediment transport model using HEC-6 methodology. Task 21, Hydraulic Design — Update the existing FEQ and HEC-RAS models to reflect the following improvements: 1. SW 16th to Oaksdale Ave. SW (Boeing Bridge), new cross section data; 2. SW 27th Street Box Culvert, new cross section data; 3. Use base survey developed by W H Pacific under 27th street culvert project and redesigned cross sections from NRCS to modify the input for the models; 4. This model will need to be revised and run approximately 3 to 4 times as the design is revised; 5. Run the model to reflect the final design conditions with existing improvements. The Natural Resources Conservation Service works hand-in-hand with the American people to conserve natural resources on private lands AN EQUAL OPPORTUNITY PROVIDER ANDEMPLOYER Zimmermann 040300.04/05/00 mas.wordwin 2 Task 29-30, Pre-Application meeting, ESA, Cultural Resources, Wetland — Conduct pre- application meeting with all state and federal agencies that have a role in permitting or concurring with the project. Conduct a cultural resources and wetland inventory for the project and those areas that may be impacted by construction activities. This task is significantly important due to the impacts permitting agencies, or other responsible Federal agencies, could have on the requirements for mitigation, design and layout of the channel improvements. Please note that NRCS will need full and open access to any technical information that the City of Renton, or their representatives (i.e., R. W. Beck, NHC) have. Without the technical information, it will not be possible to review and evaluate all aspects of the design work that we prepare. This includes, but is not limited to; field survey data, FEQ Model, HSPF Model and HEC-RAS Model. The NRCS contacts for the project are Rod Den Herder (206) 764-3325, Project Engineer, Renton Field Office, and Steve Durgin (509) 323-2957, Design Engineer, Spokane State Office. We appreciate your assistance regarding the above tasks. If you have any questions or concerns please call me at (509) 323-2955. Sincerely, LAWRENCE A. JOHNSON Engineering Team Leader cc: Leonard Jordan, STC, NRCS, Spokane SO Kip Yasumiishi, RDTL, NRCS, Spokane SO Rod Den Herder, Project Engineer, Renton FO CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: May 19, 1997 TO: Sandra Meyer Lee Haro Ron Straka FROM: Gregg Zimmerman 6 "7 SUBJECT: Oakesdale Steering Committee Issues Several Action Items came out of the 5/9/97 Oakesdale Steering Committee meeting. Since the next meeting is this coming Friday, May 23, we will need to attend to several of these items. Ron: Prepare a template letter from Boeing to NRCS supporting Renton's acquisition of R-O-W from Boeing along Springbrook Creek. Ron: Provide Boeing with a list of priority NRCS projects. This one is probably not as time sensitive as the first item. May 23 is not a deadline. Sandra/Lee: The TIB Board did not take action on the requested $514,434 increase in TIA funds. Boeing wants to know more about this money, what it is for, what future steps can be taken to obtain it and when, etc. Boeing has requested that we provide this information on May 23. We don't need this in writing. Sandra/Lee: Boeing has asked whether Renton can accept any money for Oakesdale in 1997 (our payment schedule shows the first Boeing payment in 1998). Boeing did not explain their interest in this, but I speculate that there might be some available money in 1997 that would disappear in 1998. Thanks. cc: HAW W60D01AMEMO.DOTIbh CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: May 20, 1997 TO: Members of the Oakesdale Steering Committee: Liz Warman, Boeing Jay Covington, Renton Mike Davenny, Boeing Larry Warren, Renton Rick Ford, Boeing Sandra Meyer, Renton Dick McCann, Boeing Legal Counsel Jana Huerter, Renton Dick Warren, Kato/Warren Neil Watts, Renton / Jim Coulter, SVERDRUP Ron Straka, Renton✓ Sue Carlson, Renton FROM: Gregg Zimmerman SUBJECT: Oakesdale Steering Committee, 5/9/97, Minutes of Meeting 4 1. Springbrook Creek Channel Widening Project. The Surface Water Utility is working with the Natural Resource Conservation Service (MRCS) to implement the surface water management improvements identified in the East Side Green River Watershed Plan. The City has issued a Draft Environmental Impact Statement(EIS) for the Plan and the comment period has ended. The Final EIS is currently being prepared and is scheduled to be issued in June. The City Council has reviewed and approved the recommended alternative to be included in the final EIS, which is the Greenway Improvement Alternative for Springbrook Creek. The first major phase of the project is the Springbrook Creek Channel Widening project from SW 16th Street to SW 23rd St, which needs to be coordinated with the Oakesdale project. The Channel would be widened to a total top width of 140 feet with high flow benches constructed along the existing low flow channel of Springbrook Creek. The right of way/easements required for the Springbrook Creek Widening project has been acquired on the east side of Springbrook Creek and the City is in the process of finalizing an agreement with the Hunter Douglas project for easement to allow the project to be constructed. The right of way/easement along the Boeing property is the last significant piece of right of way needed for the Channel Widening project. The Surface Water Utility is currently coordinating with the NRCS to prepare a project schedule for the permitting, design and construction. Design is tentatively scheduled to start in July with construction scheduled for the summer of 1998. The project construction is dependent upon sufficient funding being secured in the Federal FY 98 budget for the NRCS. The project construction is also dependent upon the City obtaining the required construction permits from the Army Corps of Engineers and State Fisheries, there are no appeals of the Final EIS and we secure the remaining right of way/easements that are needed for construction. Springbrook Creek Widening Action Items: A. The City and Boeing will meet to initiate negotiations for the acquisition of the required right of way/easement for the Channel Widening project along the Boeing property. May 19, 1997 Page 2 B. The City will coordinate with the NRCS to identify the criteria that they use to prioritize funding for projects,their budget schedule and what the City&Boeing can do to secure federal funding for the Channel Widening project. If NRCS funding for the complete channel widening project from SW 16th St. to SW 23rd St. is not secured, the Surface Water Utility will try to secure partial funding from NRCS to allow phasing of the project for project construction from SW 16th St to the proposed new Oakesdale Avenue Bridge, or SW 19th St if possible . C. The City will draft a letter to the NRCS requesting that funding be appropriated in their FY 98 budget for the Channel Widening project. The draft letter will be used by the City and Boeing to solicit funding support for the project in the NRCS FY 98 budget. The letter will emphasize the need for NRCS to fund for the Channel Widening project in FY 98, because of the construction of the Oakesdale project that will involve work within the Channel Widening project alignment. D. The Surface Water Utility will work with the Transportation Division and the Oakesdale project consultant to identify the advantages, disadvantages and solutions to the disadvantages of constructing the Channel Widening project and the Oakesdale project in the summer of 1998. E. Summary of timelines: *NCRS starts design mid to late June, construction hopefully the summer of 1998. F. Boeing could write a letter of support for acquisition of R-O-W from Boeing for construction of the channel widening project. City agreed to prepare a template letter for Boeing's signature. G. The existing walkway must be made to tie into the new walkway proposed for the channel widening project. H. A case can be made to NRCS and the permitting agencies of the desirability of having both contractors (for the Boeing facility and for the channel widening project) in the stream at the same time to limit the need for two different encroachments into the channel. Pros and cons of jointly performing construction were discussed. Although there would be advantages, permitting should be done separately to prevent undue delays for either of the projects. I. Boeing requested that the City provide them with a priority list for NRCS projects. 2. TIB Grant: The City, with Boeing's help, secured a grant in the amount$842,236 from the TIB for the Oakesdale project (copy of award letter attached). Boeing requested that Renton Transportation provide them with clarification about the$514,434 increase in TIA funds that the TIB Board did not take action on. Boeing requested that this information be provided at the next Steering Committee meeting. 3. LID Process: Boeing is giving strong consideration to making cash payments to Renton for the construction of Oakesdale rather than entering into an LID to provide this cash. Renton put together a draft payment schedule (attached) showing the predicted cash flow that would be needed from Boeing in this scenario. Boeing would like to include this payment schedule into their Agreement with the City. Boeing also asked whether Boeing could provide some of this money to Renton in 1997 rather than in 1998. Renton will consider and respond to this item. May 19, 1997 Page 3 4. Boeing/Renton Agreement: Several memoranda have gone back and forth between Boeing and Renton regarding the draft Agreement. It was agreed that Larry Warren and Dick McCann would attempt to work out agreement issues prior to the May 23 Steering Committee meeting, and would try to present a revised draft for consideration of the Steering Committee members. Dick suggested that easement property issues be included in the Agreement. 5. Action Items: Action items are incorporated into items 1 through 4 above. 6. Next Meeting: The next Steering Committee meeting is scheduled for Friday, May 23, at 8:00 a.m. in the 6th floor conference room. cc: Lin Wilson Lee Haro HAW W60DO'lAMEMO.DOT\bh 76 J , on , State of Washington Transportation Improvement Boar3 9 Transportation Building,Rm.2C5 �d Post Office Box 40901 rOlympia,Washington 9M-0901 MAY 6 - 1997 (360)705-7300 FAX(360)705-6830 CITY OF RENTON April 29, 1997 PUBUG WORK�ADMIN. Mr. Greg Zimmerman, P.E. Public Works Administrator City of Renton 200 Mill Avenue South <'a' 'n, Renton, WA 98055 Transportation Improvement ProTIB No. 9P-102(002)-1Oakesdale Avenue SW �16th Street SW to 27th Street SCity of Rentono� / Dear Mr. Zimmerman: We are pleased to advise you that the Transportation Improvement Board (TIB) has authorized financial assistance for the above-referenced project from the Transportation Improvement Account (TIA). The TIA funds authorized for the design proposal are $842,236. The estimated TIA funds for construction are $833,484, providing a total of $2,058,220 in TIA funds. The reimbursement rate for the project is 28.3 percent. In approving the design phase funding, the Board also determined the following: • The scope of the Stage 1 project will include three lanes from 16th Street SW to 27th Street SW. The number of lanes on the bridge over Springbrook Creek to be constructed as part of this Stage 1 project can be determined by the City in the course of implementing the Value Engineering Study recommendations. The current TIA funding will be limited to this Stage 1 project. • The Board approved the sidewalk deviation request to omit the sidewalk on the east side of the Stage 1 project. However, the Board does require that the east side sidewalk be constructed as part of a future Stage 2 widening project, or at such time that the City determines that the initial Stage 1 three-lane project is adequate for projected traffic flows. • The Board did not take action on the City's request for an increase of $514,434 in TIA funds at this time. The City is invited to submit an increase request to the Board following completion of the Value Engineering Study implementation phase by the City. The Board has adopted rules that may affect the development of this project. Funds are over- obligated to projects which may affect the availability of sufficient funds for your construction phase approval. Please contact the TIB office for an update on the funding status before submitting your construction prospectus. The effective-date of the authorization is April 25, 1997 and the reimbursable work for the design phase may now begin. The work covered by this authorization and the project agreement is limited to design engineering, value engineering, right of way appraisals and acquisition, and environmental assessment. Mr. Zimmerman April 29, 1997 Page 2 Please submit the construction prospectus for approval after the project design, final estimate, and right of way acquisition are complete. The TIB Executive Director has authority to authorize _ construction funding on projects that meet the following criteria: • The project has no change in project scope; and • The project has no increase in TIA funds, or an increase of less than ten percent or $500,000 over previously approved TIA funds, or an aggregate total TIA fund increase of less than fifteen percent or$750,000 at construction phase approval. Projects that do not meet these criteria must have board approval of the construction phase. For board approval, the prospectus must be received by the twentieth day of the month preceding the month in which construction phase approval is proposed. Please sign the two enclosed project agreements and return them to the TIB office by May 20, 1997. The lead agency is required to certify-compliance with the Clean Air Act as applicable. One agreement form will be returned to your office after execution by the Executive Director of the Transportation Improvement Board. If you have questions, please contact the TIB Office in Olympia at (360) 705-7593 or (360) 705- 7592. Sincerely, Rod Diemert TIA Program Engineer RLD\RWM:aws Enclosures cc: Ron Paananen Accounting —Transportation Improvement Account (TIA) E/ Project Agreement for Design Proposal Lead Agency City of Renton Project Number Authority Number 9P-102(002)-1 9135019P Project Title& Description Oakesdale Avenue SW 16th Street SW to 27th Street SW Total Amount Authorized Authorization to Proceed Effective From $842,236 April 25, 1997 IN CONSIDERATION of the allocation by the Transportation Improvement Board of Transportation Improvement Account (TIA) funds to the project and in the amount set out above, the agency hereby agrees that as condition precedent to payment of any TIA funds allocated at any time to the above referenced project, it accepts and will comply with the terms of this agreement, including the terms and conditions set forth in RCW 47.26; the applicable rules and regulations of the Transportation Improvement Board, and all representations made to the Transportation Improvement Board upon which the fund allocation was based; all of which are familiar to and within the knowledge of the agency and incorporated herein and made a part of this agreement, although not attached. The officer of the agency, by the signature below hereby certifies on behalf of the agency that local matching funds and other funds represented to be committed to the project will be available as necessary to implement the projected development of the project as set forth in the DESIGN PROSPECTUS, acknowledges that funds hereby authorized are for the development of the design proposal as defined by Chapter 167, Laws of 1988. Projects in clean air non-attainment areas are subject to air quality conformity requirements as specified in RCW 70.94. The lead agency certifies that the project meets all applicable Clean Air Act requirements. IN CONSIDERATION of the promises and performance of the stated conditions by the agency, the Transportation Improvement Board hereby agrees to reimburse the agency from allocated TIA funds and not otherwise, for its reimbursable costs not to exceed the amount specified. Such obligation to reimburse TIA funds extends only to project costs incurred after the date of the Board's allocation of funds and authorization to proceed with the project. LEAD AGENCY TRANSPORTATION IMPROVEMENT BOARD Signature of Mayor/Chairman Date Executive Director Date Form 190-056 M M a � V City of Renton OAKESDALE AVENUE (SW 16th St - SW 27th St) Project Cash Flow Estimate Time Project Expenditures Fund Sources City Period Design Right-of- Construc- TOTAL T.I.B. Boeing (in Boeing City Cash Way tion kind) (cash) Funds Balance 9/91 - 12/95 705,235 705,235 249,633 455,602 (455,602) 1/96 - 6/96 55,482 55,482 19,639 35,843 (491 ,445) 7/96 - 12/96 51,131 51,131 18,099 33,032 (524,477) 1/97 - 6/97 88,152 88,152 31,203 56,949 (581 ,426) Subtotal 900,000 - - 900,000 3181574 581,426 1/97 - 6/97 85,832 67,183 153,015 54,163 98,852 (680,279) 7/97 - 12/97 372,913 1,892,817 2,265,730 802,003 1,334,000 129,727 (810,006) 1/98 - 6/98 141,255 141,255 50,000 91,255 (901,260) Subtotal 600,000 1,960,000 - 2,560,000 906,166 1,334,000 - 319,834 (Note 1) 1H98 (1Q98) 30,954 386,929 417,883 147,918 321,886 (51,921) (849,339) 2H98 (2Q98) 94,170 1,177,124 1,271,294 450,001 821,293 - (849,339) 1H99 (3Q98) 136,023 1,700,290 1,836,313 650,002 1,186,311 - (849,339) 21-198 (4Q98) 20,927 261,583 282,510 100,000 182,510 - (849,339) Subtotal 282,074 - 3,525,926 3,808,000 1,347,922 - 2,512,000 (51,921) TOTAL 1,960,000 3,525,926 7,268,000 2,572,661 1,334,000 2,512,000 849,339 7,268,000 Note 1: At this point, the City will have expended more than its ultimate share of project cost. The cash flow projection assumes that the City's excess contribution will be made good • from the first construction cost reimbursements received from The Boeing Company. -23-1993 09: 18 FROM JOHN E NELSON ATTY TO 4252352541 P.02 JOHN E. NELSON ATTORNEY AT LAW 601 WEST GOWE KENT, WASHINGTON 98032-5745 (253)854-7200 - Fax(253)854-8960 April 23, 1998 Scott Woodbury Planning/Building/Public Works Dept. City of Renton 200 Mill Avenue South Renton, WA 98055 Advance Copy via fax: (425) 235-2541 Re: Oakesdale Extension Project Drainage District No. 1 — Contribution Dear Scott: Previously, the City of Renton presented information to the District regarding the above-referenced project. A important portion of the project involves the widening and improvement of the Springbrook Creek channel from SW 160' Street south to the new Oakesdale Bridge. Renton requested that the District participate in the channel improvement portion of the project by contributing to the cost and presented data supporting the request. After due consideration, the Commissioners of the District resolved on March 5, 1998 to contribute $60.000 toward the project. This amount will be paid directly to the City of Renton upon substantial completion of the current phase of the project, which is anticipated for this fall. Thank you for your kind consideration and attention. If there are any questions, please call me. Y ur very truly, ck eison JEN-ab Cc: DD#1 CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: October 23, 1998 TO: Lisa Zurhorst FROM: Allen Quynn(x-7247) SUBJECT: King County DrainayDisrictNo. I Invoice Request Enclosed please find the invoice request form and cover letter for King County Drainage District No. I `s contribution to the Springbrook Creek Widening portion of the Oakesdale Extension Project. If you would, please forward the cover letter along with the invoice to the Drainage District. \\TS SERVER\SYS2\COMMON\Document2 INVOICE REQUEST CITY OF RENTON FINANCE DEPARTMENT Date: From Department: A thorization a & nature) October 22, 1998 P/B/PW Surface Water Utility . Strakadeca Supervisor, Surface Water Utility Customer No.: Account Name: Dept. Contact: Surface Water Utility 421 Fund Allen Quynn Springbrook Creek Channel Widening Project XX Check One Invoice Number: 1 (Final) Original Invoice ® Credit Memo El Debit Memo Invoice Title & Reference No.: Springbrook Creek Channel Widening Project- King County Drainage District No. I Contribution. Description: King County Drainage District No. 1 has agreed to contribute $60,000 for the widening and improvement to Springbrook Creek that was constructed as part of the Oakesdale Extension Project and funded by Surface Water Utility. The District's contribution will reimburse Surface Water Utility for a portion($60,000) of the channel improvement costs. (See attached letter dated Oct. 23, 1998). Account Distribution and Amounts: Account Number Work Order/Function Dollar Amount A new Surface Water Utility 65285/5200 $60,000.00 Capital Improvement Program (421 Fund) Revenue account needs to be set up by Finance Dept. INVOICE TOTAL: $60,000.00 COMMENTS: BILLING ADDRESS: John E.Nelson Attorney at Law 601 West Gowe Street Kent, Washington 98032-5745 H:Dl V:UTIL:DOCS\98-735 RC\AQ\tb CITY OF RENTON Planning/Building/Public Works Department J e Tanner,Mayor Gregg Zimmerman P.E.,Administrator October 23, 1998 Mr. John E.Nelson Attorney at Law 601 West Gowe Street Kent, WA 98032-5745 SUBJECT: OAKESDALE EXTENSION PROJECT-KING COUNTY DRAINAGE DISTRICT NO. 1 CONTRIBUTION Dear Mr.Nelson: Enclosed please find an invoice in the amount of $60,000 for the Springbrook Creek channel widening and improvement portion of the Oakesdale Extension Project. As stated in your letter dated April 23, 1998, the Commissioners of the Drainage District resolved to contribute $60,000 toward the project. The Oakesdale Extension Project included Springbrook Creek channel widening and improvements within the Drainage District's right of way. The total cost of the Springbrook Creek channel widening and improvement is $231,000. The project is substantially complete. The City of Renton Surface Water Utility has paid for the channel improvements, but we are requesting reimbursement for the District's share ($60000) of the channel widening and improvement costs as agreed upon by the District Commissioners. In celebration of the completion of the Phase One Oakesdale Extension Project a ribbon cutting ceremony was held on October 1, 1998, near the new Oakesdale Bridge. The Oakesdale Bridge officially opened for traffic on October 2. Only minor landscaping along the channel remains unfinished and that will be completed by the end of next month. We appreciate the District's contribution to this project. If there are any questions or if you require any additional information, please call me at 425-430-7248 or Allen Quynn, Project Manager, at 425-430-7247. Sincerely, Gr"4�� A /;/ Ronald J. Straka, P.E., Utility Engineering Supervisor Surface Water Utility Enclosure cc: Lys Hornsby Allen Quynn H:\DIVISION.S\UTILITIE.S\DOCS\98-735.DOC\AQ\tb 1055 South Grady Way-Renton, Washington 98055 ®This paper contains 50%recycled material,20%post consumer 1998 CASH TRANSFER REQUEST DATE: January 7, 1999 TO: Linda Dixon FROM: Linda Honeycutt Please do the following cash transfer for 1998: DEBIT: 317.000022.016.5950.0020.67.000000/25104/5330 $24,800 CREDIT: 421.000600.000.3950.0010.00.065285 $24,800 This action is necessary to record the purchase of property by the Transportation Division from the Surface Water Division for right-of-way for the Oakesdale project. cc: Cil Pierce Ron Straka Steve Clark Sylvia Dorschel IV Ci V'( C s Dept, �ng�nee C?acsh v� g n 3-7<;V CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: November 25, 1998 TO: Linda Honeycutt FROM: Cil Pierce SUBJECT: New Revenue Account Numbers and misc. Linda,attached are backup to some revenue account number requests Ron Straka submitted for the end of year clean up ordinance,that were then not included,per Paul. I met with Rich about them. We seemed to think that things may work out okay anyway,but we still need the account numbers set up. So,we'll need a 421/65285 set up for King County Drainage District/Springbrook Creek Widening. See attached highlighted in yellow. Another revenue account for a transfer from 317/022 from the Oakesdale project for some ROW. Also,on this o t ansfer actually has to happen. Would you please work with Sylvia or Steve Clark to insure the transfer is also done. Thanks. The 65285 account number can still be used for this one. I've highlighted related info in blue. _ �. That's it. Thanks. cc: Ron Straka -2 \\TS_SERV ER\SYS2\COMMON\Document2 September 29, 1998 Page 2 q t � 1 Lk. Wash. Blvd 65160 $45,467 and NE 44th New Revenue- Rev. Acct. $11,549 King 421.. Conservation 065200 Distric 99 & 7 sessmt. New Revenue Set-up $60,000 King County new Rev. Drainage Dist. Account �2 #1 -Spngbrk Creek Widening i� New Revenue- -up 4,800 q From Oakesdale new Rev. 3/> L2 Ave SW TIP ccount p C '=C (317 Fund) Wetland 65119 $35,007 Mitigation Bank Revise Lower Account# Reduce Cedar River (421.. revenue from Sediment/ 065095) $1,400,000 to Boeing Rev. $0 account Set-up New 1(421.. oun # Show new Rev. account revenue ofLower Cedar 95) $1,050,000 River Sediment/King County Set-up New L(42 ount Show new Rev. account . revenue of Lower Cedar 95) $833,750 River Sediment/Gravel Sale 't'" . . � ,&m TOTAL: $1,483,231 �`: ' ',� $/483,231 (Net Change) cc: • �� CITY OF RENTON Planning/Building/Public Works Department�R J e Tanner,Mayor Gregg Zimmerman P.E.,Administrator October 23, 1998 Mr. John E.Nelson Attorney at Law 601 West Gowe Street Kent, WA 98032-5745 SUBJECT: OAKESDALE EXTENSION.PROJECT-KING COUNTY DRAINAGE DISTRICT NO. 1 CONTRIBUTION Dear Mr.Nelson: Enclosed please find an invoice in the amount-of $60,000 for the Springbrook Creek channel widening and improvement portion of the Oakesdale Extension Project. As stated in your letter dated April 23, 1998, the Commissioners of the Drainage District resolved to contribute $60,000 toward the project. The Oakesdale Extension Project-"included Springbrook Creek channel widening and improvements within the. Drainage District's right of way. The total cost of the Springbrook Creek channel widening and improvement is $231,000. The project is substantially, complete. The City of Renton Surface Water Utility has paid for the channel improvements, but we are requesting reimbursement for the District's.share ($60,000) of the channel widening and improvement costs as agreed upon by the District Commissioners. In celebration of the completion of the,Phase One Oakesdale Extension Project a ribbon cutting ceremony was held on October 1, 1998,near the Inew Oakesdale Bridge. The Oakesdale Bridge officially opened for traffic on October 2. Only minor landscaping along the channel remains unfinished and that will be completed by the end of next month. We appreciate the District's contribution to this project. If there are any questions or if you require any additional information,' please call me at 425-430-7248 or Allen Quynn, Project Manager, at 425-430-7247. Sincerely, Ronald J. Straka, P.E.,Utility Engineering Supervisor Surface Water Utility Enclosure cc: Lys Hornsby Allen Quynn H:\DIVISION.S\UTILITIE.S\DOCS\98-735.DOC\AQ\tb 1055 South Grady Way-Renton,Washington 98055 9 This paper contains 50%recycled material,20%post consumer