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MAY 14 '96 08:48AM TOUSLEY DRAIN -j'_/"/—9� P. 1i16 FACSIMILE COVER-PAGE Tousley TOTAL PAGES (INCLUDING COVER SHEET): I -- Brain ATTORNEYS AT LAW WTH FLOOR,KEY TOWER Date 700 FIFTH AVENUE SEATTLE,WASHINGTON 96104S FACSIMILE(M 692-2992 TELEPHONE(20M 662-rAM PLEASE DELIVER THE FOLLOWING PAGE(S) TO: (NAME) (COMPANYrrELEPHONE) (FAX NUMBER) FROM- RE: �� sly,��w►�.i....t,�..,..�C.er,,� — (�I �' �' Gl�j��-�t w� s� COMMENtS/ENCLOSURES 1A4 y t�3 �ti6 < 1T 'T�-ski ran.. ��a.�,� L-�� �c•cSLcv+ s�.�' PREPARED BY: FILE NO.: IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL US IMMEDIATELY. THANK YOU. CONFIDENTIALITY NOTICE The information contained in this communication is confidential, may be attomey-client privileged, and is Intended only for the use of the addressee. Unauthorized use, review, disclosure, or copying is strictly prohibited. If you have received this communication in error, please notify us by telephone immediately at (206) 682-8600 so that we can arrange for retrieval of the documents at no cost to you. If the transmission is incomplete or illegible, please call the Records Department at the above number. MAY 14 '96 00t40AM TOUSLEY DRAIN _ P.2i16 Y_ e Recorded at the Request of 8 and after Recording Rer= to: Darryl Haskins x Win=-Metro, Inc. 700 Fifth'Avenuc, Suite 26W Seattle, WA 99104-5056 u NON-EXCLUSIVE ACCESS AND LrrMrrIES EASEMENT a H This NON-EXCLUSIVE ACCESS AND UTIISITFS BASEMEN AGRE.D NT (this 'Agreement')dated as of thel M day of tt= 1996, is by and between i OPUS NORTHWEST.L.L.C.,a Delaware limited liability company('Opus'), and W2TMAR- METRO,'LNC„ a Washington corporation ('Wismar'}, and is made upon the following covenants and condidom. A. Opus owns certain real property situated in King County.Washington,the legal of which is attached bucto as Exhibit I (the 'Easement Area'), which is a portion of the ( land described on Exhibit 2 attached hereto (the 'Opus Land'). B. Wir=owns certain real property situated in King County, Washington, j the description of which is&=had hereto as Exhlbjj,(the 'Winmar Owned Property') and is seeking to obtain an cuettcnt over certain real property owned b?Drainage District No. i of v King County, Washington, a Washington municipal eotporadon. or its successor. which is situated in King County, Washington, the description of which is attached hereto as E bit a (the'Drainage District Property'). The Wismar Owned Property and any interest Wismar now has or may have in the future in the Drainage Distria Property are hereinafter collectively referred to as the 'Wismar Land'. i C. The parties hereto now desire to provide for an access and utilities casement over and under the Easement Area for the benefit of the Winrnar Land. 17. The panics hereto 'now further desire to provide for a.temporary construction access easement over and under the Constructiors Easement Area (as defined in paragraph 3 below) for the benefit of the Winmar isrtd. us set z~mro,et••r i�ti+se7 I I5q - • MAY 14 '96 00:49AM TO/U�SLEY BRAIN _ P.3i16 E. The Easement Area is shown on,the°"—wing aracbed hereto as Fxj&t S. Any refererme in this Agrte scat to 10waer' sb.LU mean the record holder of fee tide to the Opus Land or the Wim=Land as the case may be, 'Laud' mesas the Opus Land or the Wismar Land, as the context may require. NOW, THEREFORE, for and in consideration of 0ae Dollar (S1.()0) and other valuable coasicznUoa, receipt and sufficiency of which is hereby acknowledged, the parties hereto to hereby agree as follows: L. Access_Easement Gmant. Opus hereby grans unro Wismar as owner of / AN the Wismar Land, as the dominant tencmtat, a noa-exclusive appurm= casement, on,, ov and upon the surface of the Easement Area, as the servient teacmpmr for the purposes of pedestrian and vehicular access to the Wismar Laad'as the Wimnat Land is ao�+ developed or-" to whatever extent it may be developed is the furore, from the dedicated public street known as °r SW 19th Street and cgrw from the Wismar Lard, as the Wismar Land is noly developed orPaywmd Ave. to whatever extent it may be developed in the future, to the said SW 19th Sanet, including the S.Y, placement, installation, inspection. construction, operation, mairrecur c, removal, repair, r.{ alteration and replacement of a driveway, roadway, sidewalks, and landscaping in the Easemeat Il? Area. All roadway improvements installed by Wismar or Opus in,, on,and about the Easement H Area sball met,, the requirements of all governmental agencies having jurisdiction, including p King County, Washington, and any Drainage District, and shall be commend in accordance W with puns and specifications approved by the otber Owner. 2. 1ndZ EMUDIent Gust. 0puu hereby grants now Wim=, as ow=r of the Wiamu Land, as the dorninin tenement, as the Friamar band is now developed or m whatever e=at it may be developed in the fu=, a eon--xclusive appuutoaaat easeateat to use the subsurface of the Fasntaent Area, as the servient tenement, together with the right of access thereto at all times, for the purpose of the placement, installation, infection, construction, operation, main-�, removal, repair, alteration, and replacemeni of utilities lad related fumrrs and equipmc= including, without limitation. water, storm sewer, drainage lines or - courses, sanitary sewer, gas, electric and telephone lines. pipes, conduit and other facilities located below the surface of the Easement Area, all at Wiamar's cost, provided, that (1) if Winau bridges the creek Lm a portion of the Easecaeac Area, Winrnar may install utilities along the side or underside of t.`te bridge below the pie of the upper surface of the road bcd area of ,,. the bridge and. in addition, Witunar may, to the extent reasonably necessary, use reasonable portions of the surface of the adjacent Basement Area to connect thereto and (ii) minor extrusions above grade level for utilities eomicctions or appurtenances in the Fasement Area shall be per=riaed if Lbe utiliry company requires the same to be placed in the Easement Area instead of en the Wismar Land. The local on of all utilities and related futures and equipment installed by Winrnar or Opus in, on or about the Easement Area shall meet the r_quirttnents of all governmcntal agencies having jurisdictica, including King County, Wasbington and the tint niraaro.aFr�i2+�a7 2 15Q .MAY 14 '96 06t49AM TODUS'L_EY DRAIN _ P.4i16 appropriate utility district, and shall be constructed in accordance with plans and speciflcaEottt approved by the other Owner. In the event that Winn=disturbs the surface of the Easement Area, it will completely and fully restore the same, together with all improvements and plantings thereon, as much as reasonably possible to the condition existing immediately before such invasion. All restoration shah be perf�rrned as soon as reasonably possible following completion of any work and shall be coordinated in advance with Opus so as to cause the minimum amount of dLxupdon to the use of and operations on Opus,Land. 3. ?'emgo_ay Consizuction Access 1:asetaeat Grant. Opus hereby grams to Winmar, as owner of the Winm'u Land, as the dominant tenement, a non-exclusive appurtenant temporary construction easement on, over and under such portioa of the Opus band adjacent to the Easement Ana as is reasonably necessary (the 'Construction Easement Anna') to initially install the driveway, roadway, sidewalks, landsaping, udlides, and other improvements in, on or about the Easement Area eontunplated by paragraphs 1 and 2 of this Agreement and a bridge with related roadway, sidewalk, landscaping and other appurtenances thereto on or about the Drainage District Property. No permaner:improvement of any land or nature, however, shall be installed by Winmar in the Construction Eas=ent Area. Winmar shall give Opus not less than thirty (30) days prior notice of Wrnmar's exercise of is access rights in any of the Construction Easement Area and shall coordinate its activities therein so as .� to causer rtmin1inum disruption of Opus's and Opus's occupants' >; nests activities on the Opus L1 Land and cause its contractor or contractor's to conform to all reasonable requests from Opus r..� or its occupants regarding minimization of interfeszrice with or use of the Construction Easement p Area and any adzes and parking anus outside the Construction Easement Atza., Its the event GC that Winmar disturbs the surface of the Construction Faiement Area,it wilt completely and fully restore the same, together with all improvements and plantings thrst:atr, as much as reasonably possible to the condition wining itrtmediatrly before such invasion. All restoration shall be performed a. soon as reasonably possible following completion of any work and shall be coordinated in advance with Opus so as to cause the minimum amount of disruption to the use of and operations on Opus Land. 4. No Winmar ConstructjonLQkLir ion. Nothing in paragraphs 1,2 or 3 of this Agreement is intended to obligate Winmar to construa improvements, the parties agreeing that Winmar has the right, but no duty, to install any such improvements. 5• Rmer+ation. Opus reserves for itself and its successors and assigns the right to use the Easement Ara and the Construction Easement Area for any purpose coruistent with the rights granted herein, including the construction of planters, sidewalks and roadways that do not interfere with Winmar's exercise of its rights granted or reserved herein. No building improvements, however, shall be constructed on or in the Easement Area without Winmar's consent. b. Easeraer,Run With J,2rid. The;rants cf the foregoing easements shall run With the land and shall bind the Easernent Area and the Construction Easement Area as the jai,o,t.rcro.s�r prtvaa, 3 �1Cdfi� � • 59 _ _MAY 14 '96 00:50AM TOUSLEY DRAIN P.5i16 servieni tenement and shall benefit the Wtmmar Land as the dominant tenement, and shall inure to the benefit of and be binding upon the mcce=r3 and assigns of Opus and Winn=. 7. Joint Sharing of Acces<_ 1: meegt Costs. (Opus shall bear all costs of installing the portion of the roadway improvements and landscaping initially instilled by (Opus in the Easement Arm Wismar will bear all costs insured in connection with installing roadway improvements and landscaping oa any portion of the E=Mcnt Arta constructed or installed by Wismar. 'Thereafter, all costs incurred in connection with operating, maintaining, repairing, striping and replacing roadway and landscaping improvements in the Easement Area shall be borne by Opus and Winner pro rats in accordance with the fraction the numerator of which is the Floor Area of each building or structure on Opus's Land or the Wismar Land, as the case may be, and the denominator of which is the Floor Arta of all buildings or structures on the aggregate of Opus Land and the Wismar Land. Notwithstanding the foregoing, however, if Wismar installs a bridge and/or other appurtenances over the creek in or adja=t to the Easement Arta as contemplated by paragraph 3 hcrwf, then all costs incurred in con=cemg, GO installing, operating, maintaining, repairing and replacing the bridge and any appurtenant supporting and other structures shall be bome entirely by Winmar at its sole cost and expense 1J} and the restoration provisions of the last two sentences of paragraph 2 and paragraph 3 hawf rq shall apply. 'Floor Area' shall mean with respect to each building or strucuree, the number of Csquare feet of rentable floor area at each level or story lying within[he exterior faces of exterior walls excluding, however () physically separated arms used exdusivciy for mechanical, . electrical, telephone or other operating equipment, (H) exterior overhangs or canopies,patio or outside selling areas which are not heated or air-conditioned and (rir) loading docla which are not heated or air-conditioned. Opus shall have primary responsibility for operating,maintaining, moping, repaLi+g and replacing the roadway improvements and landscaping in the Easement Area in first class condition and repair. After initial installation of the roadway improvements and landscaping in the Easement Area, Wrnmar shall reimbu=Opus for its pro rasa shire of the costs of operation, maintenance, repair, striping and replacement of the roadway _improvements and any landscaping in the Easement Area(including pursuant to the last sentence Of this paragraph 7) within thirty (30) days of invoice accompanied by appropriate supporting data. If Opus fails to operate, maintain, restripe and repair and replace the roadway improvements and landscaping in the Easement Area as set forth in this paragraph 7, Wismar may, upon not less than thirty (30) days prior written notice to Opus, curt the default, whereupon Opus shall reimburse Wrnmar for its pro rata share of the costs thcrwf wihin thirty (30) days of invoice accompanied by appropriate supporting dam, provided, however, that the foregoing right to cure shall not be exercised if within such thirty (30) day period Opus cares the dcfaulc or if the default cannot reasonably be cured within such thirty(30)day period, Opus commences to cure the default within such thirty(30)day period and diligently pursues the curt to completion. Notwithstanding any of the foregoing provisions of this paragraph 7, however, in the event of an emergency pursuant to which vehicular or pedestrian access to the Winmar Land is substantially impaucd or prevented. Winmar may make all necessary repairs thereto without the ncccssirf of prior notice to Opus, provided only that Winmar gives Opus notice that it is undertaking emergency repairs within forty-tight(48) hours after commencing such repairs. �eie�znono.aFrUmAer 4 Fn A1q -MAY 14 '96 03:51AM TOUSLEY DRAIN P.6i16 Ic 8. . Ind=nillication by VWinmar. Wismar shall fully and completely indemnify and hold Opus fully and completely harmless from any and all claims, costs,Habilides and damages arising out of use of the Easement Area or the Conmucdon Easement Area by itself, its agents, contractors and employees(including reasonable attorneys' fees incurred in the investigation or defense of Arch actions). If any mechanic's, matrrialmens', laborer's or other liar is asserted against the Easement Area or the Construction Easement Area or the Opus Land as a result of the construction, repair, maintenance or replacement of any of the improvements constructed by or on behalf of Wismar in the Fzwment Area, Winmar shall cause such lien to be discharged prior to entry of final judgment for the foreclosure of such lien and further age to indemnify and hold Opus and Opts Land fully and completely harmless to same extent as set forth in the first scntcn=of this paragraph 8 on account of such claim or lien. Upon request of Opus,Wlnrw agrees within thirty(30)days to cause such lien to be released and discharged of record, either by paying the indebtedness which gave rise to such lien or by posting bond or other security as shall be required by law to obtain such release and discharge. Nothing herein shall prevent Winmar from contesting the validity of a,lien in the manner Wismar chooses so long as the contest is pursued with reasonable diligence. In the event the contest is determined adversely to Winner(allowing for appeal to the highest appellate court),Winmar shall promptly pay in full the required amount, together with any interest, penalties, costs or other charges necessary to release such lien. Upon `Ytnmar's default hereunder, any amount payable by Winmar to Opus or its successors or assigns, shall bear interest at the rate of five parcut(S%) in excess of the prime rare of interest published as such in the wall Surat Journal from time to time. Opus shall have a lien on the Winmar Land to securt payment and performance of p Wrnmw's obligations hereunder_ Such lien shall attach and take effect only upon recordation tD of a claim of lien in the office of the recorder of Ding County, Washington and be foreclosed : in the same rnanner as a mortgage of real property under RCW Ch. 61.12_ 9. Indemnification by Oous. Opts shall fully and completely indemnify and hold Winmar fully and completely harmless from any and all clairns, eos►s, liabilities and damages arising out of use of the Easement Area by itself,its agents, contractors and employers (including reasonable attorney's fees incurred in the investigation or defense of such actions). If any mechanic's, materialmens', laborer's or other lien is asserted against the Winmar--Land or Winmar's rights in the easements granted under this Agreement as a result of the construction, repair, maintenance or replacement of any of the improvements constructed by or on behalf of Opus in the Easement Area, Opus shall cause such lien to be discharged prior to entry of final judgment for the foreclosure of such lien and further agrees to indemnify and hold Winmar and Winmar Land or Winmar's rights in the cwcmems granted under this Agreement fully and completely harmless to same extent as sct forth in the rust sentence of this paragraph 9 on account of such claim or lien. Upon request of Winmar, Opus agrees within thirty (30) days to cause such lien to be released and discharged of rccotd, either by paying the indebtedness which gave rise to such lien or by posting bond or other security as shall be required by law to obtain such release and discharge. Nothing herein shall prevent Opus from contesting the validity of a lien in the manner Opus chooses so long as the contest is pursued with reasonable diligence_ In the event the contest is determined adversely to Opus (allowing vrtroiumv.an timPot 5 15q MAY 14 '96 08:51RM TOUSLEY BRAIN P.7i16 farsppeml to the highest appellate court), Opus shall promptly pay in frill the requited amount, togedwr with any interest,penalties,costs or other charges necessary to release such lien. Upon Opus's default hereunder, any amount payable by Opus to Wrnmar or its successors or zssigns, shall bear interest at the rate of five percent (5%) in excess of the prime rate of interest published as such in the Wall Street Journal from time to time, Vrinmar shall have a lien on the Opus Land to sccvre payment and performance of opus's obligations hereunder. Such lien shall a-ch and take effect only upon recordation of a claim of lien in the office of the recorder of King County, Washington acid be foreclosed in the same manna as a mortgage of real property under RCW Ch. 61.12, 10. Notice of Claim. Either party shall promptly give notice to the other parry of any claim as to which the other is entitled to indemnification under paragraph 8 or paragraph 9 of this Agreement, as the cast may be. 11. Liability L surance. Opus and Winaw shall each obtain and continuously maintain in full force and effect until five(5)years afar Willmar completes its initial installation 9f roadway improvements and udlides pursuant to paragraph 1 and paragraph 2 of this Agreement,commercial general liability insurance against any loss,liability or damage on,about or relating to Opus Land or the Wrnmar Land, as the case may be and the Construction r1 Easement Area,with limits of not less than Three Million Dollars(S3,000,000)combined single 4-4 limit,per oCcu=cc and in the aggregate, and containing a deductible or self-insured retention VI of not more than Fifty Thousand Dollars (S50,000). Any such insurance shall name the other party and any first Mortgagee or managing agent designated in writing by the other party, as Gadditional insureds. Such insurance shall specifically insure, by contractual liability Co ardorse mt, all insurable obligations of the obt Lning party under paragraph 8 or paragraph 9, as the case may be, of this Agreement. Any policy of liability insurance required by this paragraph 11 (a) shall be written by a company having a financial rating of at!cast'VIII' and a general polity holder's rating of'A', as rated in the most carrent]3est's Key Rating Guide Property -Casualty and (b) have attached thereto an endorsement that such policy shall not be cancelled or materially changed without thirty (30) days prior whuen notice to the other party, ' (c) provide for scverability of interests, and (d) provide that any act or omission of one of the ir=reds or additional insureds-hich would void or otherwise reduce coverage shall not reduce or void the coverage as to the other insured or additional insureds. t'ach party shall deliver a axoficatc of insurance for the insurance policy required under this paragraph 11 to the other not less than r-enty(20)days prior to expiration of the then existing policy. After expiration of the five(5) year period set forth in the first sentence of this paragraph 11, if either Owner obtains liability insurance against loss, liability or damage on, about or relating to its rand, then the provisions of the second scmcnce, the third sentence, clauses(c)and (d) of the fourth sentence, and the fifth sentence, only, of this paragraph l l shall apply to such insurance, regardless of the dollar amount thereof or of any deductible therein, the Owners agrxing that whatever limit and whatever deductible either Owner obtains shall be acceptable to the other Owner- +rni eto xrr p rn�a1 6 IM 15q MAY 14 '96 00:52AM TOUSLEY BRAIN _ P.8i16 12. • Attorneys' Fees. In the event of litigation bemeen the parties hereto, declaratory or otherwise, in connection with or arising out of this Agre ernen% the prevaMng party shall.recover from the non-prevailing party all costs, including reasonable attorneys'fees, paraicg-als' fees and other professional or consultants' fees cq=ded or incurred in connection therewith,as sex by the court, including for appeals, which shall be detez7nined and fixed by the court as part of the judgment 13. Notices- All notices provided for herein shall be delivered personally or by overnight air courier or, mailed by registered or eastified mail, return receipt requested, and shall be consderrzd delivercd upon receipt or, if mailed, three (3) days afar deposit is the United Stares mail. The addresses to be used in connection with such cones ndence and notices are the following, or such other address as a parry shall from time to time give direct notice to the other parry: Opus: Opus Northwest, LL.C. A= Doug Klappenbach 200- 1I2th N'F_ Suite 205 j` Bellevue, Washington 9800a cc with a copy to: Opus U.S_ Corporation 117 Atm: John T. Candell, E%q. e� 800 Opus Center 9900 Brea Road East GD MrrmetonJa, Vimnesota 55343 0� and to: Tousley Brain Arm; Russell F. Tousley 56th Floor, Key Tower 700 Fifth Avenue Seattle, Washington 98104-5056 Winznar' Winmat-Mcuo, Inc. Arm: Darryl Haskins 700 Fifth Avenue, Suite 2600 Seattle, Washington 98104-5026 with a copy to: SAFECO Proper6cs, Inc. Arm: Corporate Counscl 700 Fifth Avenue, Suite 2600 Seattle, Washington 98104-5026 14. ,9poroval PiEh k- Unless otherwise specifically herein provided, whenever approval is required, such approval shall not be unrrl�sonably conditioned, withheld ta:no��.arro.xFr P� 1 7 w f/1�LpL`UJ rD�l, � T. Q MAY 14 '96 08t52AM TOUSLEY DRAIN _ P.9/16-.- or delayed. Unless provision is made for a specific time period, approval shall be given or withheld within thirty(30) days of the receipt of the request for approval. If the disapproval is not given within the required time period, the requested party shall be deemed to have given its approval. If a party shall disapprove, the reasons therefor shall be=Lod. Facept with crepes to an approval given by lapse of time, all approvals and drsapprovals shall be in writing. 15. Estoppel Cer2lf icate. Each Owner shall,upon written request(wldeh shall not be mart fregvcnt than throe(3) times during any calendar year) of the other Owner, issue to a prospective Mortgagee or successors of such other Owner or to such other Owner, within fifuut(15)days following such request,an estoppel certificate stating to the bat of the issues knowledge as of such date: (a)whether the Owner to whom the guest has been duetted(mows of any default by the requesting Owner under this Agr=n=t, and if there arc]mown defaults, specifying the nature thereof; (b) whether this Agteer nt has ban assigned, modified cr amended in any way by the requested Owner(and if it has, then stating the nature thereof);and (c) whether this Agreement is in full force and effect. Sash statement shall act as a waives of any claim by the Owner furnishing it to the extent such claim is based upon facts contrary to those asserted in the statement and to the extent the claim is asserted against a bona fide 1~ encumbrancer or purchaser for value without knowledge of facts to the contrary of those Go contained in the statement, and who has acted in rmsonable reliance upon the statement. Failure by an Owner to so execute and return such certificate within the specified period shall be 1) deemed an admission on such Owner's past that the Owner requesting the certificate is cu>:reut e-f and not in default in the performance of the requesting Owner's obligations under this OAgreement_ tD ' 16. Felease Uron Sate of interest. Upon the assignment, conveyance, salt or other transfer by an Owner of its entire interest in its land, that Owner shall be released from the obligations of this Agreement aczruing after the eff6etive dart of such transfer if: (a) such Owner has given to the other Owner notice of such transfer and; (b) such Owner has delivered an Assumption Agreement meeting the requirements of this paragraph 16 concurrently with the filing for record of the instrument effecting the transfer, (c)any and all amounts which shall be then due and payable by the tartsfcning Owner to the non-transferring Ovmer under this Agreement shall have been paid; and(d) the transferring Owner delivers to the non-a-vuferring Owncr a certificate of insurance evidencing compliance with the requirements of-paragraph 11. Concurrently with an Owner's transfer of its interest in its Land so that the transferee becomes am Owncr, the transfcr= shall ezccutc and deliver to the other Owner a written statement (an 'Assumption Agreement') in which (i) the uwsfe='s rrame and address is set forth, and (u) the transferee assumes the obligations of and agrees to be bound by this Agreement and agrees to perform its obligations under this Agreement. Failure to deliver an Assumption Agreement shall not affect the running of any covenants with the Land as otherwise provided in this Agreement or ncgatc, modify or othcrwise affect liability of any aansfcrce pursuant to the provisions of this Agreement. �,o,v,aorty.nfr t,ro�sr fl MAY 14 '96 09:53AN TOUSLEY EPAIN P. 10i16 17. - L Abil4to or Trdasfervt. No transfuze of an Owner shall be liable far a trarufaring Owner's default under this Agr=nent if such default oc:urred prior to the effective date of the transfer, but nothing eantained is this paragraph 17 shall affect the c st=ce,priority,validity or enforaabiliry of any lien placed upon the a.fiwtf:d Land under the provisions of the last two s=== of paragraph 8 or paragraph 9, as the case may be, prior to the effective daL-,of the transfer. 19. Mortgagee. 'Mortgagee'rrfcrs to and shall include a Mortgagee ands a first mortgage and the trustee and bone Cary under a Fast dead of trust and the tz= 'Mortgage' shall include a first mortgage or first dead of trust. The term 'Mortgagx', however, shall not refer to any of the foregoing persons, when in possession of Land_ 19. MicrritaW W. 'This Agreement contains the entire undcrsgnding between the parties and supersedes any prior understandings and agzccmcnts bcvtiv=then respecting the subjetx maztcr hereof. No arnendmmt of nor supplement to this Agreement shall be valid or effective unless executed b7 the parties hereto, or the respective successors and assigns, and r=ordo3 in the records of King County, Washington. GRANTOR .-4 » OYUS NORTHWEST, LI_C., a Delaware limited babDiry company _ O By: . Dou p arh Vim Prrsident-General 1+MamZQ WINFiNLAR-i4Le""IRO, INC., a Washington corpomdon 'By: C YID M its: 1 c 0 MAY 14 '96 00:59AM TOUSLEY DRAIN P. 11/16-- STATE OF WASIENGTON ) }ss. COUNTY OF KNO ) I cm- fy that I know or have satisfuory evidence that DOUG RIAPPENBACH is the person who appeared before me, and said person acknowledged that htlaic sipped this instrument, on oath stated that he/sb. wu attdtorized to execute the h==cnt and acknowledged it as the Vice Presideut-General bfanager of Opus Nortbwest, LLC., a De]awarc limited liability company to be the fi=and voluntary act of such parry for the uses and purposes mentioned in the inc ==L Dated: M kRL�-k 13,19 q b (Signature of No b' ) (Printed Name of Notary Public) CO -: g r-I My Appointment expires H /4 At, t.j STATE OF WASr"IINGTON ) M )ss. O COUNTY OF KCMG ) t� I certify that I know or have mfafactory evidence that F_dlb1 L. and (A V.Q... ti•A�o�o( u.�, are the persons who agpcartxl before mc, and said pasvas acknowledged that they signed this imttrumca% on oath stated that they w= authorized to execute the instrument and acJmowledged it as the kA s.,Az, - and V,u A4%,A Kof Wrnmar-Metro, Inc.,-to be the feu and voluntary ace of such party for the uses and puposes mcndoned in the instntmcriL Dated: kk'2 j' 4y (Signature of Notary Public) NOTg1�y o S S �4 QfiLio �-�r Z (Printed Name of Notary Public) ,t9\ vAr �av_ My Appointment expires > t�iaano,rwr D��1 10 MAY 14 '96 00:53AM TOUSLEY DRAIN P.12i16 E��R 1 TO SFECL4L ACCESS FaSENMN7 AGRY-=NT Itscrjpdon of F.asementArea vz�w . COMPANY, T-Nc- aCC=59 P11Srm` =T (Ov= LOT 2) A 45.00 FOOT WT-D= ST'Ri? OF LI-ND LYING 22.50 F-=T ON EACH SIDE. OF FOLLOWLVG DES=ZD CENT*LYz OVTF T=�.T PORTION OF LOT 2 OF Cl'T= Or R_--;TON LOT =Z ADJ'GS2`�rMT NO. AS R=CORDED mfoEa =G C uN'-.y R=CORDI.NG N0. 9508025005, MOR? PAST=CG'L ;LY DESC'?13M AS FOLLOWS: CDI'��=NG A _N T T:'r NCP�E�.ST =R = Ot LOT 2 ; Tr NORTE 87.26'45" EST ALONG T'i NORrI=LY LSNr 2TSZ=QF 7Z.51 r'==1' TO THi TZCTE POINT OF SEGI.N=G OF =S CT`�= DESCRIPTION; SO= 00.47 i 3 6" NEST FAEL4_LLZ-7� TO THE EAST LI:rE OF Sa.LD LOT 1 A DISTMCT OF 72.55 FEZ TO A CIIRVE CONCAVE TO T== NORTHWEST FA7ITiG A RADZS OF 50.00 9_4FL.r; zF�xcS SOUTfi=ZI Y AYD SOL-rtrSTFLY ANARC DISTaxcr or 63.77 r. 9-1 F=— T:-MODGR A C�VNT-V,.L LNGLZ OF 78.48'30"; THENCE SOtJT'3 79.36106" L^ NEST 30.78 Fir TO A CORV3 CONCAV,. TO M a SCGT.. = HEAVING A R.ZDIVS OF 42.50 =; T. - Cr SOtTTF=wST ;ZLY AND SOCTI=Y AN ARC DISTANCE OF 49.61 FELT =OUCH A CEN' ANGLE OF 66'53'14"; TFi7--NCE SO= C) 12.42'52" NEST 58.71 FYT; Tt- tC 50UTrf 29°39'49" WZST 118.83 = CIO TO A CURVE CONCAV's TO Tyr NORTzFTLST HAVING A RADIUS OF 50.00 F_T; T.�iCE SOLTTh----'_ST=RLY AND WZSTE-L.Y A-LONG SAID CQRVL 44.19 FEZ THROUGH A CORAL ANGLE OF 50.38'24"; TH�NCE SOC3TFi 80018112" W-r-ST 30.63 FZZ7 TO THE EAs ERLY LINT- OF SPRINGSROOK CRE_. R=GZ-a--;7AY AS EST:ti3LISHM WDE.4 f.ZNG COGtiTY FtCORDING NO. 941223/.106 AND TSE Ti?=-—s OF TF^S C 2I.I:t= D SC�TPTION. F7INN?Q CON--Zkxy, INC. JzFFl-r7 J. MC_"'Lk"T S, P-L.S. SR_Y JOB NO- 92233.07 jJ .r�9-;:,; '•-c: J_kNu% Y 11. 1996 r '3 u:ioiv.o�c.aFr /tygl�,fl�pp�: 1 r In MAY 14 '96 00:54AM TO(USLEY BRAIN -- -- -- - P. 19i16---- EAR 2 TO SPECIAL ACCESS EASEZVM'fr AGREFtii U �' 2aRT3.0 Or COV=ZY."Y LQ: L3. 5-,O7-IO-R 24, I'OUN5= 23 !ct=, RA-M-Z 4 L4 L.tc C1a'. - WAS="-W, mop- IIa ITT�z•� TrtC Z3EO ASiIIL:.WS: C2�rC=`rG if TILT SOC S� C�R`rZ 0� 5147 SLCl_lj02i 14; iLS2 X4NG S' Y1S7 L2`z -`OI 9_64 bT- SO S= ZASZM �' G� Of 1 40.00 roof W=Z Am=- ar =X r= sj&=CRACGK C7-- AS DESG7.i3_TD DMZR T-7-TG CJU`r 1ZdZDL4G 4IIt8ER 94L2Z31106 A= == Tx" ?OLD OF 3-*CITRS_YG; ri�G NC,LT� 37.00'42' 7Z= llZNG Sa= RZMI or W'1i 1 LINE, a D'S"_alQC or 32-01 r_.. T-w--Ye NOR=S 55'29'15' W-LST 92.19 I=vG d+OR:3 52.24'00- 7-ST 196.02 rT=. CZ? TQ�iC NCR-3 54.07'57' AZZI 280.51 r`. IrYG NOR73 35'11'09- ZZ7 128-11 z riiv : NOBS 2]•aC'2_� teST 81.33 a=: TO a QRTT cONGly= sv 2� ZsT R?.OLOS OF 35.78 =; �ZZ .ZL�NC S.IIn CT+i� g�CG3 �l ==F= AxC� or 52'20'18- A'! 1IIC NOR- � t125L1l�C OF 32.69 r5=-; (� Ts== NOA:H 50.08'30• e.<tiT I07.69 Ir' T�YC NCR 51.45'16- F=T; T -N=- NOR= 59439,11, AST 43.7A !� TO A cc WRa`� TO ?, RADIUS OT 154.57 r" I. XXc aLOr`C $AID CAVT T 4j0=3 i Ce ,4I'U�L .1rtC.i OF 45.50'S D2S.;Qfcz Or 121.69 iu- TJrG NOR-R 13.48'14- s'Z= 114.90 FZ- TO R C �RavE TO Ti R_S �OIRG a Radi4S Oc 334.26 i Tr"�rC NOd''T1L: AN ,L1C ALORC SAID CTAv= ISJnOIIGFr .1 � ANGIz OF 3fi•45'Z6• D LSTa?rC 07 214.44 F--; T: NC-- NOR= 23.47,30' ST 104-50 T�--,(=- NORTH 29'3210 �.ST 63-10 F-1; TyrC HO:-s 20'S1'33' R-= 41.60 r-- TO APC22TI OH T� HORS Lid= of 5.>ZD LS;r IS s7a ON et RrpPD OF 5C-,L ' HY R. F- (=�?OZ ;Ls R=Ci0� QYDFZ 1C;:IG CO4NT: ArpADZ vG Nffl28 89100fi9012 1T'D CiSSC3 S�i:S NOR- 87.25145• tc.SZ' MCL4 NORT�\5: CORNF� OF S.ZID Wr°�' r LOT 1.]% TT-r� SCOT 87.26'45- ZM- tiLONG SAID NOR25r LINE 376.76.F SO 5}SO NORY3=.�5= CJRV=1; CIS2�x� 0= T AG SOG::: 00'47'36' WE= UZK ice' E SL LZ_� OF SKID 5_C:SON 24, A. 1.220.39 TO �,r TR= POI:rt OF 3 GINZriYG; (aI50 7CvC;�r rAS ADJII$i� LOT 2 OF P�Yf014 tar LIB AnJ'QSZ`�--'`�T ND'ei3r'-ti ,Z'.0 SDI u rDr1 R-CORDING RMCEZI 9509039005). �ii�Ol:l.O?19PFf f/l�lLy�1J�RDnl: NAY 14 '96 00:54AN TOUSLEY BRAIN -- -- P. 14i16= ., E=II 3 TO SPECIAL ACCESS EASF2v=AGRFENMNT D6C2iyti0y o[WIZ>$aL�2II1� AO TEO ACT T THAT PORTION OF COVERNMENT LOT 17, SEcPION 24, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KINC COUNTY, WASHING_'TON, MORE PARTICULARLY DESCRIBED AS FOLLOWS, COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 24; THENCE NORTH 87'19'57- WEST ALONC THE SOUTH LINE THEREOF 44-27 FEET TO THE WESTERLY MARGIN OF A 40.00 FOOT HIDE RIGHT-OF-WAY FOR SPRING- BROOK CREEK AS DESCRIBED UNDER RING COUNTY RECORDINC NO. G412231106 AND THE TRUE POINT OF BEC21JNINC; THENCE NORTH 57-00'42' WEST ALONG SAID WESTERLY RARCTN 4.90 FEET; THENCE NORTH 55'2e'15' WEST 77.77 FEET; THENCE NORTH 52-24 '00- WEST 186.51 FEET; Q� THENCE NORTH 54-01'57- WEST 286.56 FEET; THENCE NORTH 15'11-09- WEST 146.78 FEET; t� THENCE NORTH 23-44 '21- WEST 85.29 FEET TO A CURVE CONCAVE TO THE L7 EAST HAVING A' RADIUS OF 75.78 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF. C") 59'07'34' AN ARC DISTANCE OF 70.20 FEET:� Q THENCE NORTH 50.08')0' EAST IIA-42 FEET; CD THENCE NORTX 51'45'16' .EAST 72_30 FEET; TMENCE NORTH 59'39'11- EA5T 96.54 FEET TO A CURVE CONCAVI T(j TllF NORTHWEST HAVING A RADIUS OF 114,57 FEET; TKUCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTFAI ANCLK Cp 45.50'57- AN ARC DISTANCE OF 91.66 FEET; THENCE NORTH 13'48'14' EAST 114.90 FEET TO A CURVE COHCAVL TO Tkli. WEST HAVING A RADIUS OF 294.26 FEET; THENCE NORTHERLY ALOHC SAID CURVE THROUCX A CENTRAL ANGLE OF Z6.45126' AN ARC DISTANCE OF 186.78 FEET; THENCE NORTH 23'47']O' WEST 102.20 FEET; THEYCE NORTH 26-02'10' WEST 64.16 FEET: THENCE IrORTH 20.51'17' WEST 61,50 FEET To A POINT ON THE NORTH LINE OF SAID GOVERNMENT LOT 13 AS SAID LINE IS SHOWN ON A RECORG OF SURv:Y BY R-F- MILLPOINTER AS RECORDED UNDER XIHC COUNTY RECORDIIIC NO. 2910069012, SAID POINT BEARS NORTH #97'26'45' WEST 422.15 FEET FROM THE NORTHWEST CORNER OF LOT 17; THENCE NORTH 97.26'45- WEST AIANC SAID NORTH LINE 41_.53 FEES; TNSNCE SOUTH 02'46.OJ' WEST 1727.46 FEET To A POINT ON THE,SOUTH LINE OF SAID SECTIop+ 24 WHICH BEARS NORTH 87.16'57' WEST FROM THE TRUE POINT OF BEGINNINC; THENCE SOUTH 87.18'57- EAST ALONG SAID SOUTH LINE 8]e_97 FEET TO THE TRUE POINT OF BEGINNING. (A.!-SO m;c;-TN Xs LOT 1 OF C_:_' OF F-r=N I= LTA-95-064-�, �A�� IINC RrCORa1NC N Z-'t 95oga390o5), =1,012�m7c.XFT r9V' r'n 1 C 'Cl MAY 14 '96 00:55AM TOUSLEY DRAIN P. 15i16 EXEMIT 4 TO SPECIAL ACCESS FA.SEM YI AGFSM'v rI' WZNX.%.z COXPANY, INC- Acczss E;Ls=t 1;T (OQER 52RZNGBRQOK =L--= 7SG3T-dF_wl6y) A a5.00 Foot WIDE ST�I2 OF LA2:D LYING 22.50 FE_Z ON EACH SIDE of THE FOLLOWZ!YG DES�T_B� CrVrEZLINL OVER TH: �TRIN S'JST`r NNON R_TGn_-0E-WAY AS SHOWN ON C_T: OF R_tTON LDT.LT -- AD 7UA_95-064_LLA, AS R=CORDr-D UNDER KING COUNTY RrCORDIVG No. 9508039005, !SORE' PAitTICtJI;_!:Z:v pESCMIgID ,l�5 FOLLOWS: cOrxNCZNG A. TS_ NOR ZAST CORNER OF LOT 2 OF SAID LOT LZISE ADJZJS2 P; TFL�fCE Nop __ 87.26'45" WEST ALONG THE NORT L` L22�" TFI�R=OF z2.5i Fes; TFiZNCS SOUTH 00.47,'36" W-r5T PAP r1� T'O THE EAST LO LINE OF SAID LOT 1 A DISTANCE OF 22.55 FEET TO A CURVE CONCAVE To THE NORTE;.-_7T SAYING A RADIUS OF 50.00 FE_`r; TfL�YCE SOUiF3E-�ZY AIM �"� 50LZh�SI=�Y AN ARC DIsTA%rC= of 68.77 Fv'-r TZROVGH A CENTFAI. ANGLE OF 78'48130•; TP_NCr SOG� 79.36'06" NEST 30.79 FEET TO A CURVE T4 CONCAVE To TEt FAVING A RADIUS OF 42.50 FT-ET; T=CE SOU HW7r_`T"QLY AND SODTfi�LY AN ARC DISTANCZ OF 49.fi1 F r QUG3 A CENTRAL. ANGLE OF 66.53'1 ,"; TgZgCE 50= 12.42,52" WEST 59.71 O� FEEI; TjE2aT= SOVIE 29.39149" �7ZST 118.83 FEE: TO A cmzvE CONCAVE TO THE NORTRW-ZIT HAVING A RADIUS OF 50.00 FEET; TH_tiCE SODTHAN AND, S zs7_ra1,Y AIANG SAM CURVE 44.19 FEET TILROUGH A CD? ?..AL AtiGLE OF 50.38'24"; TH-QCE SOUTH 60.18'13" WEST 30.61 FZET TO Mir- FA57ERLY LINE '2 T SFRINGEROOK CR=zK RIFT--GF-WAY AS ��I�SH=D �� X NG COMM RECOP.DING No. 9a12231i06 AND THi TRL"E Po��t'T of BEGINNING OF THIS C r LI'.;E DESCR.IP2ION; THENCE SOUTH 80.18'13" W'-rST 4 0-54 Fz 1 To THE NES=;MY LIRE OF SAID RIGHT-of-WAY avD TEE TEFtffNUS OF TEIS C��tTrti2LIN' DFSG_ZFTION- WIN 2fAcZ COMPANY, INC. J3;FFR=Y J. Hc!iANUS, P.L-5- � �'� JOB NO. 92233.07 JANUARY 11, 1999 • c�,ti:ti E�--S 446i 9b 1 a 3 lD - Q1 ' O 960325118'7 oi D • 3 LOT I o 6 KCRN 9500039005 C r cP f7n Pi _ � o �a tA lid CAA �\ �� ` � �29ha 1-cc, EA n Ir �e!+� CUflB lj* M I TYPICALI �qb p a 9 1 ' C> r r w pi u•aa-c tl o ' � r • m m 1 I i W r urmvv L-V,/ YxM i evJ c2 N} W�ZA- o - -- _j7y __Sn (, nos Os��S�IC -- S - r►� - II �I Opus Northwest LLC OPUS. 200—112th Avenue NE Suite 205 Bellevue,Washington 98004 206-453-4100 Fax 206-453-1712 April 24, 1996 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 50' setback. Please find enclosed data sheets from Bush, Roed & Hitchings on the changes proposed in the storm system. Preliminary plans will be submitted to you under separate cover. The storm changes pursuant to our discussions would be as follows: • Add 534 lineal feet of 12" storm pipe at $18 per lineal foot or $9,612 • Delete 341 lineal feet of 12" storm pipe at $18per lineal foot or {$6,138} • Delete ' C:: feet cf 15" storm nine at $20per lineal foot or {$9,700} i � K.Ivw ,�. • 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 2 000 • Total additional costs $21,279 Opus Northwest LLC is an affiliate of the Opus group of companies—Architects,Contractors,Developers Chicago,Columbus,Dallas,Denver,Ft.Lauderdale,Milwaukee,Minneapolis,Pensacola,Phoenix,Sacramento,San Francisco,Seattle,Tampa,Washington,D.C. OPUS;. Letter to Mr.Ronald J.Straka Re:Storm Drainage System April 24, 1996 If we cannot use soils from within the 50' setback, where we had initaially proposed biofiltration swales our cost will increase an additional $12,800,0� 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 $21,279. Please remember that time is of the essence to get all this accomplished. Very truly yours, Bart Brynestad Director - Real Estate Development Enclosure cc: John Anderson - Bush, Roed & Hitchings BB/mmj Spring brook:str4_24.doc BUSH, ROED& HTTCHINGS,INC. 1OB SDK Cr -U=!c— WD G� CIVIL ENGINEERS& LAND SURVEYORS SHEET NO. �✓�+ 2009 Minor Avenue East °F Seattle,WA 98102 CALCULATED BY kj�� DATE (206)323-4144 CHECKED BY_ A6 B R H (206)323-7135 •Fax DATE SCALE 40 C � •� cr � at ADP 3Z 2;,. �' Z Apo ( � �?- ► c 2Z3 .�S Any C 3� T Y - ... .. ............ 5 11 �/Ito ._ It ADO CZJ l l i +013 �- �t4_, IS t� PNOUXT 204.,(Sqr Sloe)M 1 MwW)®.lec 6obn.Mc 01471 T.Oft PMM TOLL FFa 74oam-M CAG-96-091 WHEN RECORDED RETURN TO: Project ��n ��y� �,_�D.a Office of the City Clerk Renton Municipal Building AGREEMENTIAND.EA$FA�"T Work Order# 6523^ LD 200 Mill Avenue South FOR DIt2A)�N`AGE C IANNEL PID��`/�3°`�9e� e o Renton,WA 98055 Grantor: UPuS STR: 2,q—2.3-'l ' pc 41i f J 3 I p{� 3D Street Intersection: �y S`f£ o J R Ayma•v� :A11C Tiv r,. cm 71 Vl THIS INSTRUMENT, made this)0,C lday of "� 19y4; by and between Opus Northwest LLC, hereinafter called "Grantor," and the C ' OF RENTON, a Municipal Corporation of King County, Washington, hereinafter called "Grantee." x That said Grantor(s), for and in consideration of ten dollars ($10.00) and other good and valuable consideration, the E. receipt of which is hereby acknowledged by said Grantor, do by these presents, grant, bargain, sell, convey, and x 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, N 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 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 c' construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions: L� 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 Lf: 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. 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 IN ATIAL Sheet 1 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 1 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. O in Ln O L1 O i� O C� H:DOCS:96-306b:SW:ps Agreement and Easement I 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. Signatures7o f raptor: and ; and ; STATE OF WASHINGTON ) SS COUNTY OF KING )I certify that I ow or have satisfactory evidence that MPjjK AgfA NoasT signed thi instrument, on oath stated that 'she/they (a were authorized to execute the instrument and acknowledged it as the roe E,5 14 tN't of ONS Not1wWwr LLC to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Dated (0 111Qb �� SLO�,�'��' '0 �� o'\SS\ON f lAi:V� Notary Public in and for the State u'.t o NOT AR Y of Washington residing at eo-titt LL. Uj fl Notary(print): 16V6L4AJ 56 Lou ir,gsA N = P116! M appointment expires: 11 I�'}(g 7r-27 Y PP P tl Approv as to Legal Form: CITY OF RENTON 7 BY: BY 4Ter Lawrence J. Warren, Jes L9 City Attorney Mayor LO LATTEST: BY Marilyn J. Pe s City Clerk v') H:DOCS:96-306b:SW:ps Agreement and Easement INITM Sheet 3 of 6 PROPERTY SERVICES Project: EXHIBIT Work Order# (,$230 LEGAL DESCRIPTION PID_ 2y2.3 0/9o:La Grantor: OPUT STR: 2-1-!-23- / Street Intersection:5:'J elJ-h S r 1e11`l.r o�19 avE 5W 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 83.16feet; thence N 52°24'00" W 186.02feet; thence N 54003'57" W 280.51 feet; thence N 35'11'09" W 138.12 feet; thence N 23°44'21" 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 52020'28" 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; O 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; Le) thence leaving said north line S 37001'21" W 82.90 feet; Q 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 L7 preceeding course and having a radius of 384.26 feet, the center of which bears S 65°25'36" W; d 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 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 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. H:D0CS:96-306bI:SW:ps Agreement and Easement INITIAL Sheet 4 of 6 PROPERTY SERVICES Project:e / , EXHIBIT A CONTINUED Work Order# (,S23c MAP EXHIBIT PID�- 2y2-30y 90 za Grantor: 0('u S STR: ,./ 22 Street Intersection: 10/ le/at�.„,eNO ��E SW 9 wry 23 8 24 7 25 See Line and Curve Tables on Following Sheet 6 26 5 27 4 LO to O L7 28 O A e 1"=100' toc � 3 im 29 ( IN FEET ) 2 30 1 South Corner of Lot 2 H:DOCS:96-306b1:SW:ps Agreement and Easement �tTlnt Sheet 5 of 6 / RL£NAME.• & l6W251 RAWOYO.C7RIZWT"YDOCIPL7 PROPERTY SERVICES 3,10f ea Ek Project: EXHIBIT A CONTINUED Work Order#(-5 151 c. MAP EXHIBIT PIDL-2yZ3 oy 7r-z e Grantor: O PU S STR: 2,y230'I Street Intersection: 5W igkl, 5:r lZJ5,&?^"Jq AV6 5V 17 Northwest Corner of Lot 2 16 Line Table 18 ID# Bearing Dist.(ft) 15 1 N 37°00'42"W 32.02 2 N 55°28'15"W 83.16 19 3 N 52024'00"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°39'11"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 Are 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 0 26 S 35°11'09"E 88.78 22 204.57 45°50'57" 163.70 12 In 27 S 54°03'57"E 272.92 25 105.00 86°56'32" 159.33 21 28 S 52°24'00"E 185.41 0 0 29 S 55°28'15"E 72.03 Ln 0 30 S 00°47'36"W 72.32 0 tD 11 22 k 10 0 1"=100' 100 1 ( IN FEET ) 9 �y 23 8 ti 24 H:DOCS:96-306bl:SW:ps Agreement and asement INITIAL, Sheet 6 of 6 iXE MWE, v,.l660231RAwavo..CIRVwraDRyoiwlftT PROPERTY SERVICES Opus Northwest LLC f 200—112th Avenue N E OPUS. t ' � r�J Suite 205 Bellevue,Washington 98004 206-453-4100 Fax 206-453-1712 April 24, 1996 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 50' setback. to Please find enclosed data sheets from Bush, Roed & Hitchings on the changes proposed in the O storm system. Preliminary plans will be submitted to you under separate cover. The storm L1 changes pursuant to our discussions would be as follows: O O • 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 $2,QW ,5, Leo • Total additional costs $�19ZSJ e 1Y 5',4- A-rrPC)W(0 Y ," Ll Opus Northwest LLC is an affiliate of the Opus group of companies—Architects,Contractors,Developers —,. — , _.._- I ..J_-J 1 11:1.......1- u:............c, D--i. Phnc ;Y Sarrnmantn San Frandsen Seattle.Tamoa.Washington,D.C. 0Nk OPUS Letter to Mr.Ronald J.Straka Re:Storm Drainage System April 24, 1996 If we cannot use soils from within the 50' setback, where we had initaially proposed biofiltration swales our cost will increase an additional $12,80Q0O 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, Bart Bry estad Director- Real Estate Development Enclosure cc: John Anderson - Bush, Roed & Hitchings BB/mmj S pri ng brook:s tr4_24.d oo 0 LI C L7 C� 0� MAY-01-96 WED 07:49 OPUS NORTHWEST LLC FAX N0, 12064531712 P, 02/03 Opus Northwest LLC 0 PUS. 200-1121h Avenue NE (' J Suite 205 Bellevue,Washington 96004 / Z � 13 Grni 't /;�IILO 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 find enclosed a notice of additional work from Bush, Roed & Hitchings, my 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. LI 0 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 BBJmmi S prin9 brooks try 1.d oc MAY-01-96 WED 07.50 OPUS NORTHWEST LLC FAX NO. 12064531712 P. 03/03 _ 2e63237135 S.R.H. F-603 T-929 P-002 F R 25 '9E 14:28 BUSH, ROED &c HUCHNC;S, 1Nc. 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: o 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 S without written authorization. o With work to start immediately on a time and expense basis. ❑ With no change in the completion date. 0 ❑ With completion date extended calendar days. V) C� Performance of this additional work is authorized by signature. Authorization must be received prior to release of drawings. 0� Issued by' Z�� 9b KProMct Manager Date Authorized by: Client Date DEC. 15. 1997 5: 15PM TOUSLEY BRAIN PLLC 4,,�, S' N0�71�5 �l/2 FACSIMILE COVER PAGE Zbusley TOTAL PAGES (INCLUDING COVER SHEET): Brain I � G PLLC 4�h :.t.,,Z ✓►� wL Cf.�rZ i lk ATTORNEYS AT LAW December 15, 1997 56TH FLOOR,KEY TOWER L ~700 FIFTH AVENUE as *46+ /� At's SEATTLE,WASHINGTON 98104-5056 FACSIMILE(206)682-2992 7�0 TELEPHONE(206)682-5800 PLEASE DELIVER THE FOLLOWING PAGE(S) TO; (NAME) (COMPANYITELEPHONE) (FAX NUMBER) Tom Baynes City of Rentonl(425)277-6209 (425)235-2541 Matt Straight Oseran Hahnl(425)455.3900 (425)455-9201 cc: John Solberg and Bart Brynestad (via courier) cc: Brad Osmundson (via / courier) cc: Wilma Warshak(via mail) FROM: Deborah Berg RE- Opus Northwest, L.L.G. -Springbrook Industrial Center COMMENTS/ENCLOSURES Pursuant to your request, this fax memo will explain why we are requesting that the City write a letter consenting to permit certain improvements to remain within the 50 easement for a drainage channel granted by Opus Northwest, L.L.C. to the City in the document recorded at King County Recording No. 9607050550 (the"Drainage Easement"), Apparently, the surveyor who staked the lines for the building foundations made a 10-foot error that has resulted in most of the improvements on the property being approximately 10 south of their intended location. This has resulted in some encroachments into the Drainage Easement, as shown on the attached section of the site plan. (The 50' shoreline buffer that is also shown has been reduced to 40'). The terms of the Drainage Easement appear to prohibit the presence of such improvements within the easement area. I totally agree with you that it really shouldn't make any difference, the only consequence being that the City would not have an obligation to restore them if they are damaged in connection with the City's use of the Drainage Easement. However, because such encroachment appear to be prohibited by the terms of the Drainage Easement, unless the City gives us a letter indicating that the encroachments may remain, the surveyor says he needs to show the encroachment and the title company says it needs to show the encroachment as an exception to the title policy. They can eliminate them if the City gives us a letter consenting to the encroachments remaining. Accordingly,we would greatly appreciate it if you would forward such a letter to my attention at the address set forth on this fax transmittal, as soon as possible. Please call me if you have any questions whatsoever, or wish to discuss it further. I will have the new water line easement delivered to you tomorrow morning. RETURN TO. DSB FILE NO.:0-2321-012.83 IF YOU DO NOT RECEIVE ALL PAGES,PLEASE CALL US IMMEDIATELY, THANK YOU. CONFIDENTIALITY NOTICE The information contained in this communication Is confldentlal,may be attorney-client privileged,and is intended only for the use of the addressee_ Unauthorized use, review, disclosure, or copying is strictly prohibited. If you have received this communication in error, please notify us by telephone Immediately at(206)682-5fi00 so that we ran arrange for retrieval of the documents at no cost to you. If the transmission is incomplete or illegible,please call the Records Department at the above number. DEC, 15. 1997 5 ; 15PM TOUSLEY BRAIN PLLG/' / /' ,�% IN0. 7 14 5 P. 2/2 ' � 1 11��• i� � � ��a �j / �-�E Ifci / �) N N r r 1 1� \t,� 1 S0°p' 1 1 r 1 If C�? If U I ok �' r/ F� r� A 9 4�P."�7 � CITY OF RENTON CITY CLERK'S OFFICE Cj� ✓�� 1 1 � MEMORANDUM Fn�i e�F Igg6 apt DATE: July 16, 1996 TO: Tom Boyns Carrie Davis Scott Woodbury FROM: Michele Neumann x2581 SUBJECT: Agreement and Easement for Drainage Channel; Opus Northwest LLC The attached document(s) has been recorded with King County, and is being returned to you. Please forward copies to parties of interest and retain a copy for your file. Thank you. Enclosures: (1) Iru,cr^'., WHEN RECORDED RETURN TO: Project: ��1��n Office of the City Clerk AGREEMENT AND EASEMENT work order# fo523 c Renton Municipal Building 200 Mill Avenue South FOR DRAINAGE CHANNEL PID�2y 23oy 9c2c Renton,WA 98055 Grantor: OPUS STR: 2,q—2.3-1/ Street Intersection:5w I*k 5E k 1--M w.a.,,0 A4/t yw THIS INSTRUMENT, made this/j.t day of 19g4; by and between Opus Northwest 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 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 over, under, through, across and upon the following described property (the easement area) in King County, Washington, more particularly described as follows: See attached EXHIBIT A for legal description 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 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. 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. 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 IN TIAL Sheet I of 6 J� PROPERTY SERVICES r 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 1 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. H:DOCS:96-306b:SW:ps Agreement and Easement �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. 5.ig,natuie.97ofGrantor: 010, and ; s" and ; STATE OF WASHINGTON ) SS COUNTY OF KING ) Q I certify that I ow or have satisfactory evidence that M�K I gUWf10AS7' signed thij instrument, on oath stated that 9she/they va were authorized to execute the instrument and acknowledged it as the rf-U1QtN-( of ONS &)aA'tHWCS-f LLc to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Dated (v III lQ DZ',rsu�c.��►�- �� `����� Notary Public in and for the State �, . p1ARY �z o cn, o of Washington residing at Qjo-r�t u,, to�} • "�'.'® Z Notary(print): Ev6LyAl S, Lo i wusA U Z.N�==_ P�$ 90,�� My appointment expires: OF V'J ;. Approv as to Legal Form: CITY OF RENTON BY: BY Lawrence J. Warren, Jes4Ter City Attorney Mayor ATTEST: BY Marilyn J. Pe s City Clerk H:DOCS:96-306b:SW:ps Agreement and Easement INITM Sheet 3 of 6 PROPERTY SERVICES '^FC Project: EXHIBIT A Work Order# l s23a LEGAL DESCRIPTION PID_ ay2.3 ay9o,o Grantor: 0 Ai Jr STR: Zy-23-y Street Intersection:5 !`I)A N 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 23°44'21" 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; 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 65°25'36" 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 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 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. H:DOCS:96-306bI:SW:ps Agreement and Easement TIAI. Sheet 4 of 6 PROPERTY SERVICES Project: AA , EXHIBIT A CONTINUED Work Order# G,S23C, MAP EXHIBIT PIDL- 2.4/2301-/90 20 Grantor: 01-U 5 STR: y �./ 22 Street Intersection:SC�+I 9Y� S4 10/ K�ti�dN� �rE sr� 9 23 8 24 7 25 See Line and Curve Tables on Following Sheet 6 26 5 27 4 28 0 1"=100' 100 3 29 ( IN FEET ) 2 30 i South Corner of Lot 2 H:DOCS:96-306b1:SW:ps Agreement and Easement _-IbITIAL Sheet 5 of 6 / fxrNAmr..• 11..l6w251RA)ivoNo.CTRIE57 wffy.DwlpLT PROPERTY SERVICES Project: ° EL EXHIBIT A CONTINUED Work Order#(-S 2-3 o MAP EXHIBIT PIDj- 2yz3 oy 7c2.a Grantor: Opus STR: 2-yZ30Y Street Intersection: 5u ON, 5TS 2AtJ^*"v Av¢ 5v 17 Line Table Northwest Corner of Lot 2 -� 16 ;718 ID# Bearing Dist.(ft) 15 1 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 59'39'11"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 26 S 35*11'09"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 21 28 S 52°24'00"E 185.41 29 S 55°28'15"E 72.03 30 S 00°47'36"W 72.32 11 22 I, 10 0 1"=100' s00 � J ( IN FEET ) 9 J, 0 23 8 ti 24 H:DOCS:96-306bl:SW:ps Agreement and asement INITIAL Sheet 6 of 6 fxr NAME, a 1 65025I RA mcwzt c7R VSNIHG►4Y.ONC/AL T PROPERTY SERVICES Opus Northwest LLC C �� OP U . 200-112lh Avenue NE � Suite 205 Bellevue,Washington 98004 206-453-4100 Fax 206-453-1712 April 24, 1996 ' { 1-i 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 50' setback. Please find enclosed data sheets from Bush, Roed & Hitchings on the changes proposed in the storm system. Preliminary plans will be submitted to you under separate cover. The storm changes pursuant to our discussions would be as follows: • Add 534 lineal feet of 12"storm pipe at$18 per lineal foot or $9,612 • Delete 341 lineal feet of 12"storm pipe at$18per lineal foot or {$6,138} • Delete 485 lineal feet of 15".storm,Wipe 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 SMN 51 Ecc • Total additional costs 92S e�Y Opus Northwest LLC is an affiliate of the Opus group of companies—Architects,Contractors,Developers Chicago,Columbus,Dallas,Denver,Ft.Lauderdale,Milwaukee,Minneapolis,Pensacola,Phoenix,Sacramento,San Francisco,Seattle,Tampa,Washington,D.C. OPUS. Letter to Mr.Ronald J.Straka Re:Storm Drainage System April 24, 1996 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, Bart Bry estad Director - Real Estate Development Enclosure cc: John Anderson - Bush, Roed & Hitchings B B1mmj Spring brook:str4_24.d oc MAY-01 '96 WED 07:49 OPUS NORTHWEST LLC FAX N0, 12064531712 P, 02/03 Opus Northwest LLC �+ D 200-1121h Avenue NE OPUS. Surte 205 Bellevue,Washington 96004 '�� �l� 13 206453-4100 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 find enclosed a notice of additional work from Bush, Roed & Hitchings, 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 l would like to get these two items completed by next week. Please call myself or John Anderson of Bush, Roed & Hitchings at (206) 323-4144, if you have any additional questions. Very truly yours, � Bart Brynestad Director- Real Estate Development Enclosure BS/mmj Spring brooks tr5_1.d oc Opus Northwest LLC is an affiliate of the Opus group of companies--Architects,Contractors.Developers MAY-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 la:28 BUSH, ROED &HUCHINGS, INC. Notice of Additional Work No. 1 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$5,800 to the contract price- 0 On a time and expense basis not to exceed$ without written authorization. o With work to start immediately on a time and expense basis. ❑ With no change in the completion date. ❑ With completion date extended calendar days. Performance of this additional work is authorized by signature. Authorization must be received prior to release of drawings. a Issued by: Z5 9h H, project Manager Date Authorized by: Client Date Z s CONTRACT CHECKLIST jz STAFF NAME & EXTENSION NUMBER: RpJ tT s yJ o opeu4,ti DIVISION/DEPARTMENT: r(bI`r j CONTRACT NUMBER: XIA TASK ORDER NUMBER (if applicable): IV�A PURPOSE OF 6)(V� 96, YI g S g ow (=,ter L)wp .A-Y 0/ 1. LEGAL REVIEW: (Attach letter from city attorney.) '5�6 . -A i;AC"49 1'e5rk hh�e 2. RISK MANAGEMENT REVIEW FOR INSURANCE: (Attach letter.) /V//1-4 3. RESPONSE TO LEGAL OR RISK MGMT CONCERNS: (Explain in writing how concerns have been met.) 4. INSURANCE CERTIFICATE AND/OR POLICY: (Attach original.) NIA 5. CITY BUSINESS LICENSE NUMBER: (Call Finance Dept.) AIA k 6. ATTACHED CONTRACTS ARE SIGNED BY C R: (If not, provide explanation.) y� 7. FISCAL IMPACT: A. AMOUNT BUDGETED (LINE ITEM) (See 8.b)* Zvi G-7 ()S/ WAFIA4 B. EXPENDITURE REQUIRED: 0 IS , 071 8. COUNCIL APPROVALREQUIRED (Prepare Agenda Bill.): �.�C(Q,�J6� �,�( �n"r' Z,!11i'. Ae'AA/4"50 —rc A. CONTRACT OR TASK ORDER IS $50,000 OR OVER: (Refer to Council committee for initial contract approval; place subsequent task orders on Council agenda for concurrence.) B. *FUND TRANSFER REQUIRED IF CONTRACT EXPENDITURE EXCEEDS AMOUNT BUDGETED. (Refer to Council committee.) C. SOLE SOURCE CONTRACTS. (Refer to Council committee.) 9. DATE OF COUNCIL APPROVAL: 10. RESOLUTION NUMBER (if applicable): 11. KEY WORDS FOR CITY CLERK'S INDEX: A. SP(�-��6,4,mac C B. "P 0 6-�ca C. FASf c:\winwordVorms\chk1ist 09/02/93 CITY OF RENTON Office of the City Attorney J e Tanner,Mayor Lawrence J.Warren f e:: �1 MEMORANDUM x` [01aY 1719 { 09-0 CITY OF RENTON To: Scott Woodbury Engineering ®ep_ From: Lawrence J. Warren, City Attorney Date: May 15, 1996 Subject: Agreement and Easement for Drainage Channel Opus Northwest LLC Acquisition for Future Widening of Springbrook Creek I have reviewed the above-referenced document and the same is approved as to legal form with the following comments: 1. With respect to paragraph 3, has this been clmred with the responsible City departments? Is a permit required? Is this part of the SEPA review and the shorelines permit? 2. Insure that the City.won't incur hidden costs due to the Wismar easement. Probably this would involve correspondence with Wismar. Lawrence J. Warren LJW:as. cc: Jay Covington A8:122.81. Post Office Box 626 - 100 S. 2nd Street- Renton, Washington 98057 - (206)255-8678 CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: June 5, 1996 TO: File FROM: Scott WoodburySC,3 Jana Huerter SUBJECT: AGREEMENT AND EASEMENT FOR DRAINAGE CHANNEL WITH OPUS NORTHWEST,L.L.C. RESPONSE TO CITY ATTORNEY MEMO DATED MAY 15, 1996 In the attached May 15, 1996, memorandum, the City Attorney approved the above-referenced agreement as to legal form, with two additional comments as noted in the memo. A response to each of these comments are noted below. 1. The City Attorney's first comments is cited in the attached memo as pertaining to paragraph 3 of the agreement. However, it is believed that the comment is more specifically directed at subsection b of paragraph 3. Subsection 3a concerns a monetary exchange not applicable to the City Attorney's comment. Section 3b of the agreement reads as follows: 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 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 1 vertical and any excavated area shall be graded so as to remain free-draining. The preliminary drainage design for the Raymond Center development proposed by Opus included a biofiltration swale, a surface water runoff quality treatment facility, within the requested easement area. Because the City's planned future channel widening project would have an impact upon the biofiltration swales if they were to be located within the easement area, the Opus revised its development plans for the easement area so that no improvements will be constructed within that area, eliminating the biofiltration swales. In lieu of the code required sequential biofiltration swale and standard size wetpond water quality treatment facilities, a code alteration/modification was issued on May 30, 1996,allowing instead the use of only an oversized wetpond facility. Without the excavation of the biofiltration swales, Opus estimated that it would have to import more fill material to achieve the needed preload fill and final design grades. Therefore, to avoid the additional cost of importing fill, Opus requested that it retain the right to excavate material from the easement area. It was agreed that any g:uding activity within the easement area would be subject to the restrictions listed in the last two sentences of section 3b. The first restriction regarding Response to City Attorney Memo Page 2 excavation within and 25' from the ordinary high water level in the creek is a code requirement and was simply restated in the agreement for the additional clarification. The excavation within the easement area, subject to the listed restrictions, has been cleared with the responsible City departments. The SEPA application, site plan approval, and shoreline permit review included the biofiltration swales within the easement area. Although biofiltration swales will not now be constructed within the easement area, the excavation planned by Opus to minimize the need for importing material, as noted above, will be very similar in scope to the excavation for the swales. The prior approved permits therefore are still applicable to the proposed excavation within the easement area and do not have to be amended. 2. In the second comment the City Attorney advised that it be insured that the City won't incur hidden costs due to the Winmar easement. Provision relating to the Winmar easement is included in section 4 of the agreement. It is believed that there are no hidden costs for the following reasons: • The Winmar easement is senior to the drainage channel easement because the Winmar easement was executed first. Stating in section 4 of the agreement with Opus that the drainage easement would be subject to the rights of the Winmar easement is simply restating a fact to ensure that the City recognizes that its rights are junior to those of Winmar. • Section 4 of the drainage channel agreement also acknowledges that the improvements contemplated by Winmar within its easement are subject to the review and approval of all government agencies, including the City of Renton. Any improvements proposed by Winmar, including a bridge over the creek, must comply with City and other agency regulations. The agreement doesn't include any exception, modification, or waiver of any City requirements. Therefore, with or without the drainage channel easement, any improvement Winmar proposed would have to comply fully with all regulations. • The City would only incur additional costs if Winmar was asked to do something beyond what the City or other governmental regulations require, such as requesting that additional vertical clearance be provided. This would be true with or without the drainage easement. No separate correspondence is believed necessary with Winmar to confirm that there will not be hidden costs. Winmar and City staff have already participated in a pre-application meeting for a bridge crossing and a development on Winmar's property on the west side of the creek. Coordination with Winmar therefore has been on-going and Winmar recognizes that it must meet City code for any proposed improvement. Winmar has also tentatively agreed to grant the City an easement over its property along the west side`of the existing creek for the future widening of the channel, similar to what is being granted by Opus. Formal negotiation for an easement from Winmar is anticipated to begin when Winmar submits development applications for the bridge crossing and its property on the west side of the creek. U:65025:96-031:SW attachment cc: Ron Straka TRANSMITTAL FORM OPUS® 200-112th Avenue NE Suite 205 Bellevue, Washington 98004 Phone: (206) 453-4100 Fax: (206) 453-1712 TO: G 1 1_e of* ��v'�0>,/ ��-Q FAr_&-2y� nYY 1Z L AvASkVr Syv7h-J y. 4 /nz g0'(—� DATE: /Poi✓ DISTRIBUTION: PROJECT: JOB NO: We are sending: [Attached ❑ Under separate cover via ❑Shop drawings ❑Prints ❑Plans ❑Reports ❑ Specifications ❑Samples ❑Change order ❑Copy of letter ❑ Number of Copies Date Description ti Cf i y EJ! itLIV i'vt' This Material is: XAs requested O For Approval ❑Approved as noted Engineering DeP ❑For your comment ❑Approved ❑Not approved: Resubmit ❑ For your records ❑For distribution Remarks �� ��� $�l�f" 41-10 A coer r If enclosures are not as noted,kindly notify us at once CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS =NC _MEMORANDUM E_NCE 0 DATE: June 5, 1996 S'c..,T, W S" 240_ S TO: File ��A 1r'ICJ FROM: Scott Woodbury Jana Huerter SUBJECT: AGREEMENT AND EASEMENT FOR DRAINAGE CHANNEL WITH OPUS NORTHWEST,L.L.C. RESPONSE TO CITY ATTORNEY MEMO DATED MAY 15, 1996 In the attached May 15, 1996, memorandum, the City Attorney approved the above-referenced agreement as to legal form, with two additional comments as noted in the memo. A response to each of these comments are noted below. 1. The City Attorney's first comments is cited in the attached memo as pertaining to paragraph 3 of the agreement. However, it is believed that the comment is more specifically directed at subsection b of paragraph 3. Subsection 3a concerns a monetary exchange not applicable to the City Attorney's comment. Section 3b of the agreement reads as follows: 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 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 1 vertical and any excavated area shall be graded so as to remain free-draining. The preliminary drainage design for the Raymond Center development proposed by Opus included a biofiltration swale, a surface water runoff quality treatment facility, within the requested easement area. Because the City's planned future channel widening project would have an impact upon the biofiltration swales if they were to be located within the easement area, the Opus revised its development plans for the easement area so that no improvements will be constructed within that area, eliminating the biofiltration swales. In lieu of the code required sequential biofiltration swale and standard size wetpond water quality treatment facilities, a code alteration/modification was issued on May 30, 1996, allowing instead the use of only an oversized wetpond facility. Without the excavation of the biofiltration swales, Opus estimated that it would have to import more fill material to achieve the needed preload fill and final design grades. Therefore, to avoid the additional cost of importing fill, Opus requested that it retain the right to excavate material from the easement area. It was agreed that any grading activity within the easement area would be subject to the restrictions listed in the last two sentences of section 3b. The first restriction regarding " CITY OF RENTON.. {�. :: ~v Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator June 5, 1996 Bart Brynestad, Director Opus Northwest LLC Real Estate Development 200- 112th Avenue NE- STE 205 Bellevue, WA 98004 SUBJECT: SPRINGBROOK INDUSTRIAL CENTER 19TH&RAYMOND AVENUE S.,RENTON,WA Dear Mr. Brynestad: Enclosed are two originals of the Agreement and Easement for Drainage Channel for signature by Opus. Please note that the term"offset" was used in place of the term"waive" in section 3a of the agreement. This change was requested by the City Attorney at the time the agreement was reviewed and approved by the City Council in its regular meeting on June 3, 1996. Two originals of a modified Legal Description and Map Exhibit are also enclosed for your consideration. This modified description adds approximately 3,011 square feet to the area of the easement. The additional area is located along the northern boundary of the Opus property adjacent to and northwest of your development proposal's storm drainage pond. This area is illustrated in the enclosed cover sheet included with the modified description. The additional area is requested to allow the future removal of the existing 48" culvert that currently conveys surface water runoff into Springbrook Creek from the drainage channel located along the north line of the Opus property. Removal of culvert is needed to facilitate construction of the future channel widening project along Springbrook Creek. Also, this culvert serves no real purpose and removing it will result in an environmental benefit. For your use in evaluating the accuracy of the legal descriptions, a floppy disk with the following files is enclosed: • AutoCad Release 12 file "Raymond.dwg" and Ascii file "Raymond.txt", both pertaining to the original legal description included with the enclosed agreement. • AutoCad Release 12 file "Optional.dwg" and Ascii file "Optional.txt", both pertaining to the modified legal description. The drawing and text files are what were used to define the boundary of the easement area. You may have your engineer/surveyor contact Scott Woodbury at 277-5547 with any questions regarding the drawing or text files. Please return signed original agreements as soon as possible. Again, we would appreciate your approval of the use of the modified legal description. The additional area should have been 200 Mill Avenue South - Renton, Washington 98055 requested in our initial discussions, but was unfortunately overlooked. We do not request any additional changes to your proposed development plans to accommodate this additional easement area. However, if you believe including the additional area will change the terms of the agreement, then we would like to go ahead and execute the agreement with the original description. I appreciate your assistance. If you have any questions or need more information, please contact me at(206)277-5548 or Scott Woodbury at 277-5547. Sincerely, -- l � Ronald J. Straka, P.E., Engineering Supervisor Surface Water Utility H:DOCS:96-364:SW:ps Enclosures CC: - Scott Woodbury Russell F.Tousley,Tousley Brain WHEN RECORDED RETURN TO: Project: Office of the City Clerk' AGREEMENT AND EASEMENT work order#�"` - Renton Municipal Building 200 Mill Avenue South FOR DRAINAGE CHANNEL PID_ Renton,WA 98055 Grantor: STR: Street Intersection: THIS INSTRUMENT,made this day of 19 by and between Opus Northwest LLC, hereinafter called "Grantor," and the CITY 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 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 over, under, through, across and upon the following described property (the easement area) in King County, Washington,more particularly described as follows: See attached EXHIBIT A for legal description 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 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. 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. 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 INITIAL Sheet 1 of 6 PROPERTY SERVICES prohibited 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 nol{o`exceed 3 horizontal to 1 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. S. 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. H:DOCS:96-306b:SW:ps Agreement and Easement INIrL4,L Sheet 2 of 6 PROPERTY SERVICES This easement shjTun 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. Signatures of Grantor: and ; and STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument, on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Dated Notary Public in and for the State of Washington residing at Notary(print): My appointment expires: 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 KDOCS:96-306b:Mps Agreement and Easement T� Sheet 3 of 6 PROPERTY SERVICES Project: EXHIBIT A Work Order# LEGAL DESCRIPTION PID_ Grantor: STR: Street Intersection: 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 23°44'21" 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; 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 51.87 feet; thence leaving said north line S 28°32'10"E 79.81 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 65°25'36"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 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 00'47'36" W along said east line 72.32 feet to the true point of beginning. Contains 87,407 square feet of land,more or less. H:DOCS:96-306b:SW:ps Agreement and Easement RIITIAL Sheet 4 of 6 PROPERTY SERVICES Project: EXHIBIT A CONTINUED Work order# MAP EXIIIBIT PID_ Grantor: STR: 22 Street Intersection: 10 9 �Oy 23 s y 24 7 + 25 See Line and Curve Tables on Following Sheet 6 \� 26 5 27 4 28 a 1`=100' Ioo 3 29 ( IN FEET ) 2 30 South Corner of Lot 2-� H:DOCS:96-306b:SW:ps Agreement and Easement INITIAL Sheet 5 of 6 RLENAIlE.• LJ.-l&W25`RAMVaVO.CT/4VW78ORY.ONGIPLT PROPERTY SERVICES = _- - Project: EXHIBIT A CONTINUED Work Order# MAP EXHIBIT PID_ Grantor: STR: Street Intersection: 17 Northwest Corner of Lot 2 16 18 Line Table ID# Bearing Dist.(ft) \�`19 1 N 37°00'42"W 32.02 2 N 55°28'15"W 83.16 14 3 N 52°24'00"W 186.02 4 N 54°03'57"W 280.51 5 N 35'11'09"W 138.12 6 N 23°44'21"W 81.38 8 N 50°08'30"E 107.69 , t 9 N 51'45'16"E 68.97 i 10 N 59'39'11"E 93.78 12 N 13'48'14"E 114.90 14 N 23'47'30"W 104.50 13 20 15 N 28'32'10"W 63.10 ? 16 N 20'51'33"W 41.80 Curve Table ( I 17 S 87*26'45"E 51.87 18 S 28'32'10"E 79.81 ID# Radius(ft) Central Angle Arc Length JI 19 S 23"47'30"E 96.43 7 35.78 52°20'28" 32.69 f 21 S 13°48'14"W 114.90 11 154.57 45°50'57" 123.69 `f 23 S 59'39'1 I"W 90.32 13 334.26 36°45'26" 214.44 J 24 S 51'45'16"W 61.54 20 384.26 36'45'26" 257.38 12 26 S 35*11'09"E 88.78 22 204.57 45°50'57" 163.70 /21 27 S 54°03'57"E 272.92 25 105.00 86°56'32" 159.33 28 S 52°24'00"E 185.41 29 S 55°28'15"E 72.03 30 S 00°47'36"W 72.32 11 22 10 0 1`=100' g 'A 0y 23 ( II\ FEET ) 8 7 d\F H:DOCS:96-306b:SW:ps Agreement and Easement =IAL Sheet 6 of 6 fZE NAME• a 1650251RAY%00/aC7PVWTBDRY.OMG^T - PROPERTY SERVICES Opus Northwest LLC OP S. 200—112th Avenue NE ��'/ � / V Suite 205 rri Bellevue,Washington 98004 206A53-4100 Fax 206A53-1712 April 24, 1996 Mr. Ronald J. Straka, Engineering Supervisor r 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 50' setback. Please find enclosed data sheets from Bush, Roed & Hitchings on the changes proposed in the storm system. Preliminary plans will be submitted to you under separate cover. The storm changes pursuant to our discussions would be as follows: • Add 534 lineal feet of 12"storm pipe at$18 per lineal foot or $9,612 • 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 $2,M 5-, 8co • Total additional costs $2472_792,S/ cl s A-,--t C,4440 kyl'�"Ll I, pny Lf,7T/-k n. ,-n1,.nf. 1 1 r`fo— ffll;nf.of the 0—,nrnnn of rmmnanipc—Arrhilprts (',nntractom Develooers 0PUS. 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, Bart Bry estad Director- Real Estate Development Enclosure cc: John Anderson - Bush, Roed & Hitchings BB/mmj Spring brookstr4 24.doo MAY-01-96 WED 07:49 OPUS NORTHWEST LLC FAX N0, 12064531712 P, 02/03 e1 — - Opus Northwest LLC j D� rS. Sue 2O5 ih Avcnlle NE v r V BeAevue,Washiryton 96004 }l //j/ /j 06-453-4700 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 find enclosed a notice of additional work from Bush, Roed & Hitchings, rIry 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 l would like to get these two items completed by next week. Please call myself or John Anderson of Bush, Roed & Hitchings at (206) 323-4144, if you have any additional questions. Very truly yours, � �J Bart Brynestad Director- Real Estate Development Enclosure BBlmmi Spnn9brook:str5_1.dcc MAY-01-96 WED 07:50 OPUS NORTHWEST LLC FAX NO. 12064531712 P. 03/03 20G3237135 B.R.H. F-603 T-929 P-002 PPR 25 '9G 14:28 BUSH, ROED &MTC-iiNGs, 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. D On a time and expense basis not to exceed S without written authorization. O With work to start immediately on a time and expense basis. ❑ With no change in the completion date. ❑ With completion date extended calendar days. Performance of this additional vrork is authorized by signature. Authorization must be received prior to release of drawings. a Issued by: X 9b H, Project Manager Date 7 Authorized by: Client Date I i I I I I C7 30' (n) I di h o � z 2051� I G � � r A I.E.=4.9 + A= 36' 45' 26 � ti'�' �I � WOO L=188.78' i R=294.26' �. 1 R= $ p= 36' 45' 26" \ EP.+A.�US �S�RINGBROOK CREEK —'- �/ I LL.I 70 X LLl p 1'►� i oo U)i & �'u [IS (AIETIAND -C 0 p Ico 1.3.`9 Sf, .03a�. ' I ~I I .�::. .� ...... 1- R S, 'TIAYU "C" 55' F)Uff�Eh'i 8q, I TRI A�EAJ I I 1$ 00 0.1 AC 0 20' DRAINAGE DITCH EASEMENT TRIG AREA TRIB AREA '- PER K.C. REC. NO. 484312 0.23AC 0.20AC I N I + 6 11. 4 4 '� Project: EXHIBIT A Work Order# LEGAL DESCRIPTION PID_ Grantor: STR: Street Intersection: 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 55028'15"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 23°44'21"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 36045'26" 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 45050'57" 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 54003'57" 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 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. H:DOCS:96-306bI:SW:ps Agreement and Easement INITIAL Sheet 4 of 6 PROPERTY SERVICES Project: EXHIBIT A CONTINUED Work Order tt MAP EXHIBIT PID_ Grantor: STR: 22 Street Intersection: 70/ py 23 8 �2 24 7 f; 25 See Line and Curve Tables on Following Sheet 6 � \ \ 26 5 27 4 28 I"=100' ioc3 29 ( IN FEET ) 2 30 1 South Corner of Lot 2 H:DOCS:96-306bl:SW:ps Agreement and Easement INITtAt Sheet 5 of 6 fIlENAI/£. U�65025�RAf�/L}YD.CTR�fSi/78DRY.Oi1G/PLT PROPERTY SERVICES Project: EXHIBIT A CONTINUED Work Order# MAP EXHIBIT PID_ Grantor: STR: Street Intersection: 17 Northwest Corner of Lot 2 J 16 Line Table \ 38 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°I1'09"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 59'39'11"E 93.78 12 N 13°48'14"E 114.90 14 N 23°47'30"W 104.50 j 15 N 28°32'10"W 63.10 13 16 N 20°51'33"W 41.80 Curve Table l 20 17 S 87°26'45"E 140.00 18 S 37°01'21"W 82.90 ID# Radius(ft) Central Angle Are 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 i 24 S 51*45'16"W 61.54 20 384.26 36°45'26" 257.38 ; 26 S 35*11'09"E 88.78 22 204.57 45°50'57" 163.70 1! 27 S 54°03'57"E 272.92 L25E 105.00 86°56'32" 159.33 12 f i % %21 28 S 52°24'00"E 185.41 29 S 55°28'15"E 72.03 1 1 30 S 00°47'36"W 72.32 11 �, � 22 10 / ( II\ FEET } 9 J / 23 / 247 H:DOCS:96-306bLSW:ps Agreement and Easement INITIAL Sheet 6 of 6 tx�Nave tr lssazslRArucwo.cnerr�uvrosrc/rer `� PROPERTY SERVICES APPROVED BY CITY COUNCIL Date UTILITIES COMMITTEE COMMITTEE REPORT June 3, 1996 Opus Easement and Agreement for Future Widening of Springbrook Creek (Referred May 20, 1996 The Utilities Committee recommends concurrence in Planning/Building/Public Works Department's recommendation that the Mayor and City Clerk be authorized to execute an Agreement and Easement for Drainage Channel with Opus Northwest LLC for the acquisition of a 2.0 acre easement along the east side of Springbrook Creek between SW 19,th Street and SW 23rd Street. The easement is needed for the future widening of the creek, as proposed in the City of Renton Surface Water Utility's East Side Green River Watershed Project(City File No. LUA-95-205,ECF). The expenditure required for the easement acquisition is $25,079. There are currently no funds budgeted for obtaining the easement. Therefore,to compensate Opus in exchange for the easement, the Utilities Committee recommends concurrence in the Planning/Building/Public Works Department's recommendation to waivvC F7 5e-r— $25,079 of Surface Water Utility system development charges that will become due for the development proposed on the property owned by Opus at 1901 Raymond Avenue SW (City File No. LUA-96- 015,SA,SM,ECF). (absent) Randy Corman, Chair Ora Timothy J. Schl' z , Vice Chair an C awson, Member H:DOCS:96-334:SW:ps CC: Ron Olsen Ron Straka Scott Woodbury CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: May 30, 1996 TO: Clint Morgan FROM: Scott Woodbury�V3 SUBJECT: COMMENTS TO SPRINGBROOK INDUSTRIAL CENTER PROJECT Following are my comments on the above-referenced project: 1. The applicant needs to revise the narrative of storm drainage report to remove discussions, references, and calculations related to bioswales. The report should insert or reference the attached alteration/modification for the elimination of the bioswales. 2. The cross sections for the wetpond show a"maintenance road" on all sides of the wetpond. According to the maintenance road detail, the maintenance road is to be surfaced with gravel. However, per the plan the gravel is only used only partly around the pond per our request to not gravel within the 50 foot setback of Springbrook Creek. I suggest that a note be added to the maintenance road detail that the maintenance road is to go around the pond, but that graveling of the maintenance road is only to be done in the area shown hatched on the plan. 3. The construction sequence on C4 appears to have been copied from a different plan and not revised to fit this project. This is apparent from references to an existing building in item 9, to bioswales in item 10, and to railroad tracks in item 13. There are no such facilities on this project. 4. The wetpond sign has been eliminated as requested. 5. Per our suggestion, the plans now call for an overflow spillway for the wetpond, rather than an overflow pipe. 6. The wetpond control structure was moved out of the 50 setback for Springbrook Creek per our request. 7. I suggest that the clearing limits (silt fence location) be defined by a dimension or a note to advise the contractor that no clearing is allow within 25 feet of the ordinary high water mark (OHWM). U:1996:96-014.DOC:SW Page 1 5/30/96 4:31 PM r Clint Morgan Comments to Springbrook Industrial Center Project Page 2 8. I could not find the detail for the Section B cut shown on sheet C5 or the detail for the section A cut shown on sheet C6. These sections are needed to show how the temporary excavation within the 50 foot setback is to be accomplished and how it relates to the creek. Based on a phone conversation I had with John Anderson of Bush, Roed, and Hitchings, the berms that are shown within the 50 foot setback are remnants of when bioswales were shown on the plans. Therefore, any references or depiction of finish grading relating to the berms should be removed. The plans show(and John Anderson confirmed) that the swales now shown on the plans within the 50 foot setback are temporary borrow areas and will be filled in after the preload is completed. However, in the event that there is not enough material to completely fill the borrow areas, I suggested that a note be added to the drawing stating that the final grades within the 50 foot setback are not exceed 3H:1V and that the area is to be final graded so as to remain free-draining. 9. I am concerned about fill along Springbrook Creek south of the building shown in the attached excerpt from C5. In this area the proposed grades show fill encroachment toward the creek within the 50 foot setback. I assume that this is also a remnant of the berming for the bioswales that were on the previous plans, as I commented in note 8 above, and that the plans will be revised to eliminate the berms and the fill encroachment. 10. The architectural site plan Al.1 doesn't match the civil drawings in the 50 foot setback area. All improvements were removed from the setback area, including biofiltration swales, gravel path and bench, etc. If you have any questions, please contact me at X-5547. My comments pertain only to that area within the 50 foot setback as I know you will be reviewing the remainder of the project. ;APHIC SCALE 30 6i 120 ( IN FEET ) 1 inch — 30 ft. + 9.60 IV00 Q VOO � 9 5 16.C j� (0 Q -Y V s 9.75 FAX 4 Al r` 17.L5 �V /6B,# 7,TY.1-L 70 17 33, O / ,IE=13.46 ()2 )' / _ ---- . . p� Qom/ / A� 11 -- ----- 17.40 1 18.00 17.60 , 1 � + 9.5Q 11 / ; v ri \� -K7----CD -- — cn 44'---- i 2:1 MAX.SLLOPEr; - \ ' ----------- -- ITL ----- ------ ---- 1 ------------- ----------------------------------- CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: May 30, 1996 TO: Neil Watts FROM: Ron Straka(X-5548) � STAFF CONTACT: Scott Woodbury(X-5547) SUBJECT: Raymond Avenue Center Water Quality Treatment Code Alteration/Modification Y ISSUE: Code alteration/modification for the Raymond Avenue Center project to allow an oversized wetpond to be used for water quality treatment in lieu of a biofiltration swale and wetpond in series. DECISION: The Surface Water Utility approves the code alteration/modification for the Raymond Avenue Center project, allowing an oversized wetpond to be used for water quality treatment in lieu of a biofiltration swale and wetpond in series. DISCUSSION: The Raymond Avenue Center site lies adjacent to Springbrook Creek, a Type 2 stream according to the 1990 King County Sensitive Areas Folio. Since more than 1 acre of impervious area subject to vehicular use will be constructed, and the site is tributary to and within 1 mile from a Type 2 stream, the project is subject to Special Requirement No. 5, Special Water Quality Controls, of the 1990 King County Surface Water Design Manual (KCSWDM), as adopted by the City. Special Requirement No. 5 requires the use of a wetpond or other special water quality control facility for the treatment of runoff before it is discharged from the site. This is in addition to the requirement for biofiltration specified by Core Requirement No. 3 of the adopted KCSWDM. The preliminary drainage design for the Raymond Center included biofiltration swales prior to a combined detention/wetpond facility. The biofiltration swale were sited within a 50 foot wide area between the western edge of the proposed development and the west property line along Springbrook ` Creek. A comprehensive Surface Water Utility capital improvement project, titled the East Side Green River Watershed Project, has identified the reach of Springbrook Creek adjacent to the Raymond Center site for future widening and restoration. The future widening project would have an impact upon the biofiltration swales if they were to be located within the 50 foot setback area. R. Neil Watts Raymond Avenue Center Page 2 At the request of the Surface Water Utility,the applicant has revised its development plans for the 50 foot setback area so that no improvements will be constructed within the setback area by the applicant, eliminating the biofiltration swales. For the Raymond Center project only, this code alteration/modification allows the use of an oversized wetpond facility in lieu of the code required separate biofiltration and wetpond facilities for the reasons outlined below. Data used in this analysis was excerpted from the March 26, 1996, Storm Drainage Report for the Raymond Center prepared by Bush, Roed&Hitchings, Seattle, WA. 1. The design water surface area in the wetpond is more than five times larger than the code required 1% of the impervious surface area in the drainage sub-basin contributing to the facility(KCSWDM 1.3.5-1). Impervious area in sub-basin=4.93 acres or 214,751 sf(see Exhibit A). Required area of design water surface in wetpond=2,197.5 sf Actual area of design water surface in wetpond= 11,755 sf(see Exhibit B). Ratio of actual surface area provided= 11,755/214,751 =5.5% Ratio of surface area required per code= 1% 2. The design volume of the wetpond is more than three times larger than the code required volume of a water quality design storm event(KCSWDM 1.3.5-1). Volume required per code=0.20 acre-ft or 8,514 cf(see Exhibit A and Q. Volume provided=28,846 cf(see Exhibit Q. As an additional check, comparison was made between the wetpond volume provided and the wetpond volume required per the February 1996 draft KCSWDM. It has not been adopted by the City, but is used here for additional reference. According to the February 1996 draft KCSWDM, a wetpond may be used without a separate biofiltration facility, provided it meets the design criteria outlined in that manual. Using the analysis methods of the Section 6.4.1.1 of the February 1996 draft KCSWDM, it was found that the wetpond volume provided exceeds that required for a basic wetpond per the February 1996 draft KCSWDM. The analysis is included as Exhibit D. If you have any questions,please contact me at X-5548 or Scott Woodbury at X-5547. H:DOCS:96-349:SW:ps Attachments CC: Clint Morgan [ 3/10/96 Bush, Roed & Hitchings, Inc. page 3 Raymond Industrial Center John E. Anderson, P.E. 92233 BASIN SUMMARY BASIN ID: B7 NAME: 25 YEAR DEVELOPED SBUH METHODOLOGY TOTAL AREA. . . . . . . : 5. 24 Acres BASEFLOWS: 0 .00 cfs RAINFALL TYPE. . . . : USER1 PERVIOUS AREA PRECIPITATION. . . . : 3 . 40 inches AREA. . : 0.31 Acres TIME INTERVAL. . . . : 10.00 min CN. . . . : 80.00 TIME OF CONC. . . . . : 16. 30 min IMPERVIOUS AREA ABSTRACTION COEFF: 0. 20 AREA. . : 4 .93 Acres CN. . . . . 98.00 PEAK RATE: 3 .65 cfs VOL: 1 . 34 Ac-ft TIME: 480 min BASIN ID: B8 NAME: 100 YEAR DEVELOPED SBUH METHODOLOGY TOTAL AREA. . . . . . . : 5.24 Acres BASEFLOWS: 0.00 cfs RAINFALL TYPE. . . . : USER1 PERVIOUS AREA PRECIPITATION. . . . : 3.90 inches AREA. . : 0.31 Acres TIME INTERVAL. . . . : 10.00 min CN. . . . : 80.00 TIME OF CONC. . . . . : 16.30 min IMPERVIOUS AREA ABSTRACTION COEFF: 0.20 AREA. . : 4.93 Acres CN. . . . . 98.00 PEAK RATE: 4. 22 cfs VOL: 1.56 Ac-ft TIME: 480 min BASIN ID: B9 NAME: PTWQ VOLUME FOR WETPOND SBUH METHODOLOGY TOTAL AREA. . . . . . . : 5.24 Acres nSVEFLO 0.00cfsRAINFALL TYPE. . . . : USER1 IOUSAREAPRECIPITATION. . . . : 0.67 inchesREA. . . 0. 31 Acres TIME INTERVAL. . . . : 10.00 min CN. . . . : 80.00 TIME OF CONC. . . . . : 16.30 min ERVIOUS AREA ABSTRACTION COEFF: 0.20 AREA. . : 4. 3 Acres CN. . . . . 98.00 PEAK RATE: 0.54 cfs VOL: 0. 20 Ac-ft TIME: 480 min Vo \j /L-re -j �/� 3/10/96 Bush, Roed & Hitchings, Inc. page 2 Raymond Industrial Center John E. Anderson, P.E. 92233 j STORAGE STRUCTURE LIST STORAGE LIST ID No. 1 Description: DETENTION POND AREaS FRa1`M E616 t. o r7 6 Zo SF Vi c,T Po"D �. O 10 281 5F F 10 .0 S� �E'fG1.l7�cl VvwM� ��Qvtt>z.�^'p t I . O 13 8'IZ SF r-OQ too Y2 STo 12.o I4 �194 13.b 1Co �35 5 FOR �O0 `(R STORM L14 , 17 Zg45F- L�l7DiT�ON��— Vot_.uM� AAA cd 06�5I G,J was" 5-u2FA Gf- 3/10/96 Bush, Roed & Hitchings, Inc. pag 1 Raymond Industrial Center John E. Anderson, P.E. 92233 HYDROGRAPH SUMMARY PEAK TIME VOLUME HYD RUNOFF OF OF Contrib NUM RATE PEAK HYDRO Area cfs min. cf-ACFt Acres 1 0. 314 490 10699 cf 5.24 2 0.888 480 - 22360 cf 5.24 to {2 �x sTi �U 3 1. c -5=24---- ---- 2 5 �1 R �,c 5 C vJ Co 682 -- -372 69-af �-�2-4- - ------ - ' too YR ExiSTir-3C� -- -- —_ •'081 0 4908I-cf --5-.2-4— z '{2 DEVGlO?Esd lr� LoU-)) 1 0 `(2 D EV El_OQ cC� �t�S Fl._D W _ C 24 _2-5 `Z' z rj�ltrLcPED l�1F � 4-.-22-4--4-8-0 -67800- ct --- _ \oo �R. �vO-oPrc17 I�.1FLav-� 9 0.544 - -- • P TW Q Fo(z wET'F�tJ D Flo Lv wt E 11 0.153 1470 -2221'7b:-2- -- ---- toYsz PaNp REuEP_S� 12 0.4 6'TO-----3�0 63 c f -----5.2 4 is YR R� o Re LERs 13 0.675 900 40325- — 5.24 boa-fg poNbt�laS� sTE1.lTtot.i pbt�lc7 17�51(�tl i=c��l,a,.��ti F\51�E'R,\�S DE-�1��1 STF�tJ,DR2DS. _ I . /�•u-owA�� REt.ERSE SATE F'oR �b �'EA:R DEVCI.�QC-p INFI..av-� EGZ UUN_5 y2 P2>: - nEV��PED Pax. 2o.TE. Y2 = OO 1-z D . 15-1 r-v:s I o ` Z:Rlp- = fo - 3 . O a1G'FS d�rE�TI�►.1 •Po1.1v (\c) = 0. �53 LDS -:� o• 151�t=5 ✓ Z, Q��wp.F3l,� REuc—iASE SATES FoR Z5 YCp�2 !' �n ldo�E� 74N"1 TEE �tz� - T7Ev�wPtr� P��.k tz�`Ccg. �, PRE-bEu�wPEr� ZS �Q P K = = 1 2-1 S C55 DETENT oN POw 'ZEt��SE= �Z = O, q-2(oLCS ✓ ifiZE - �E�lEI� D 100 `�R �P•k.-® = 1 (o�ZG�S DE TE tJ T1 o tit Por.1 rj C-Z E 1.E1�S _ = Q , ro-7 5 G�S ✓ 3. TN-E �ETENTIoti1 �o�l\� �XG.EEt�S FPS �CR.IES Sr�t.1 Dp�,p� `/\j t T Pot1 D VoL-uj" E F'� L)12 Ep Q vAL,5 pT-AJ6? 5-rofzNA VOLUv"E VDL wt E �T.,u Q = VL)L = & S 14 GF a ' KING COUNTY, WASHINGTON SURFACE WATER DESIGN MANUAL .77 y3 M Y K z King County Surface Water Management Division February 1996 (DRAFT) Printed on Recycled Paper SECTION 6.4 WETPOOL WQ FACILITY DESIGNS 6.4.1.1 METHODS OF ANALYSIS This section contains methods of analysis for the following two wetpond applications: • Basic wetpond (see below) • Large wetpond (see page 6-65). ❑ BASIC WETPOND The primary design factor that determines particulate removal efficiency of the wetpond is the volume of the wetpool in relation to the volume of stormwater runoff from the "mean annual" storm.23 The larger the wetpond volume in relation to the volume of runoff, the greater the potential for pollutant removal. A secondary factor is the pond's hydraulic efficiency, that is, the rate of exchange between the water in the pond and the incoming water from each storm. Hydraulic efficiency is improved by avoiding dead zones (like corners) where little exchange occurs, by using large length-to-width ratios, dissipating energy at the inlet, providing a broad surface for water exchange across cells and by maximizing the flowpath between inlet and outlet. Wetponds designed using the method below (V, = 3) and the required design criteria in' Section 6.4.1.2 are expected to meet the goal of the Basic WQ Menu (80% TSS removal). The actual performance of a wetpond may vary, however, due to a number of factors including design features, maintenance frequency, storm characteristics, pond algae dynamics, and waterfowl use. Procedures for determining the wetpool dimensions and volume are outlined below. Step 1. Identify required wetpool volume factor. The basic wetpond requires a volume factor of 3. This means that the required wetpond volume is 3 times the volume of runoff from the mean annual storm. Step 2. Determine rainfall for the mean annual storm, R. The rainfall for the mean annual storm R is obtained by locating the project site on Figure 6.4.LA (p. 6-66) and interpolating between isopluvials. Step 3. Calculate runoff from the mean annual storm for the developed site, V,. The runoff volume V, is the amount of rainfall that runs off a particular set of land covers. To determine the runoff volume V„ each portion of the wetpond tributary area is assigned to one of four cover types, each having a different runoff coefficient: impervious surface, till grass, till forest, or outwash. 1. Impervious surface is a compacted surface, whether pavement, gravel, soil, or other hard surface, as well as existing soil, gravel, or other similar compacted surface. Note: Open water and wetland areas draining to the water quality facility are classified as impervious surfaces. 2. Till grass is post-development grass or landscaped area and onsite forested land on till soil that are not protected by covenant or native growth protection tracts. Till is soil that does not drain readily and, as a result, generates large amounts of runoff. Till soil types include Buckley and bedrock soils, and alluvial and outwash soils that have a seasonally high water table or are underlain at a shallow depth (<5 feet) by glacial till. U.S. Soil Conservation Service (SCS) hydrologic soil groups that are classified as till soils include a few B, most C, and all D soils. See Chapter 3 for classification of specific SCS soil types. 3. Till forest is all permanent onsite forest/shrub cover located on till soils that retains the natural understory vegetation and forest duff, irrespective of age, if densities are sufficient to ensure at least 80 percent canopy cover within 5 years. To be counted in this category, forest must be protected by covenant or a non-developable tract. 23 The mean annual storm is a statistically derived rainfall event defined by the U.S. Environmental Protection Agency in the Results of the Nationwide Urban Runoff Program, 1986. It is defined as the annual rainfall divided by the number of storm events in the year. The NURP studies refer to pond sizing using a Vb/V,ratio: the ratio of the pond volume Vb to the volume of runoff from the mean annual storm V,. This is equivalent to using a volume factor ftimes Vr. February 1996 Draft Surface Water Design Manual 6-b4 6.4.1 WETPONDS—BASIC AND LARGE—METHODS OF ANALYSIS 4. Outwash is soil that infiltrates well and as a result produces small amounts of runoff. SCS hydrologic soil groups classified as outwash soils include all A, most B, and some C soils. See Chapter 3 for classification of specific SCS soil types. Cover categories are based on existing U.S. Department of Agriculture soil survey data or site specific data where available. Next, coefficients specific to the four cover types are weighted by the drainage areas and then multiplied by the rainfall R from Step 2 to produce the runoff volume V,: V, = (0.9A; + 0.25A19 + 0.10A,f+ 0.01A,) X(R/12) (6-12) where, V, = volume of runoff from mean annual storm (cubic feet) A; = area of impervious surface (sq ft) Atg = area of till soil covered with grass (sq ft) A,f = area of till soil covered with forest (sq ft) Ao = area of outwash soil covered with grass or forest(sq ft) R/12 = rainfall from mean annual storm(feet) Step 4.. Calculate wetpool volume Vb. Use the results of the previous steps to calculate the required wetpool volume according to the following equation: Vb = f V, (6-13) where, Vb = wetpool volume (cu ft) f = volume factor from Step 1 V, = runoff volume (cubic feet) from Step 1 Step 5. Determine wetpool dimensions. Determine the wetpool dimensions satisfying the design criteria outlined below. A simple way to check the volume of each wetpool cell is to use the following equation: h(A; +A2) (6-14) Vb = 2 where, V = wetpool volume (cu ft) h = wetpool depth (ft) Al = water quality design surface area of wetpool (sq ft) A2 = bottom area of wetpool (sq ft). ❑ LARGE WETPOND Wetponds designed per this section are expected to meet the goal of the sensitive lake WQ menu (50% total phosphorus removal). The actual performance of a wetpond may vary, however, due to a number of factors. The methods of analysis presented above for the basic wetpond apply to the large wetpond, except that Step 1 is modified as follows: Step 1. The large wetpond alternative requires a volume factor of 4.5. Surface Water Design Manual February 1996 Draft 6-65 r,A./ai 61 0 CAVrl,,)vE o SECTION 6.4 WETPOOL WQ FACILITY DESIGNS FIGURE 6.4.1.A PRECIPITATION FOR MEAN ANNUAL STORM(INCHES)24 r� j j J c - 7 e c 0.54 T L I �• 0.47 � 0.47 / L o Kf��i/►'�oN✓> C.��E� Sly 0.52 _ 0.56 0.65 Note: Areas east of the easternmost isopluvial should use 0.65 inches unless rainfall data is available for the location of interest. 24 The mean annual storm is a conceptual storm found by dividing the annual precipitation by the total number of storm events per year February 1996 Draft Surface Water Design Manual 6-66 v.A rZLl t o, 16 A t o �� A� �1kli1 o. 3i ��� r 3r soy s� Cs�� ® /�v,aus Ago �/ z 0.1) l 2,/4,/75"/ t Q. 15'�i3say��� L� —77oZ d r V = CV 3 �7 a z z3/off (/�c v,•,,,� / �u� � S VaLun. �/.ov// �5�� /�iBIr ��. SPECIAL DELIVERY # 1 BUSH, ROED & HITCHINGS, INC. Civil Engineers / Land Surveyors 2009 Minor Avenue East Method: Iservice: Seattle, WASHINGTON 98102 Courier 2 Hr (206) 323-4144 (206) 323-7135 FAX Date: 5129/96 PROJECT# 92233.14 To: CITY OF RENTON 200 MILL AVENUE SOUTH Project Name:RAYMOND AVENUE CENTER RENTON,WA 98055 Re: AUTOCAD DISK Attn: SCOTT WOODBERRY WE ARE SENDING YOU ATTACHED THE FOLLOWING ITEMS: A C- E- O- B p_7 fir,r:;r3EBl �. = F- DISK _. Type Copies Date No. Description O 1 5/29196 1 THIS IS TRANSMITTED AS CHECKED BELOW: As requested For your information Execution & return For your use For Immediate delivery Review and comment For your approval For your files Remarks& Instructions: 921233sur.dwg --boundary information xsit.dwg--site plan information xsur.dwg--topographic and boundary information Copy To:BART BRYNESTAD, OPUS Signed: 0 h Anderson, P.E. WHEN RECORDED RETURN TO: Project: Office of the City Clerk AGREEMENT AND EASEMENT Work Order# Renton Municipal Building 200 Mill Avenue South FOR DRAINAGE CHANNEL PID_ Renton,WA 98055 Grantor: STR: !-7 Street Intersection: L'J ;5/z3/% THIS INSTRUMENT, made this day of 19 by and between Opus Northwest LLC, hereinafter called "Grantor," and the CITY 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 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 over, under, through, across and upon the following;described property (the easement area) in King County, Washington,more particularly described as follows: See attached EYJMIT A for legal description 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 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. 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. 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. waive 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 INITIAL Sheet 1 of 5 PROPERTY SERVICES ti 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 1 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. G J S/23/Z H:DOCS:96-306b:SW:ps Agreement and Easement INITIAL Sheet 2 of 5 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. Signatures of Grantor: Lj and ; and ; STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument, on oath stated that he/she/they was/were authorized to execute the instrument:_and acknowledged it as the of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Dated Notary Public in and for the State of Washington residing at Notary(print): My appointment expires: 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:96-306b:SW:ps Agreement and Easement INITIAL Sheet 3 of 5 PROPERTY SERVICES LUJ 1 u Project: EXHIBIT A Work Order# LEGAL DESCRIPTION PID_ Grantor: STR: Street Intersection: Easement Area: That portion of Government Lot 13 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: The west 50 feet of Lot 2 of City of Renton Lot Line Adjustment No. LLA-95-064 (King County Recording No. 9508039005). Note: This description is preliminary. The final easement description will be a metes and bounds description based upon the west 50 feet or the edge of the proposed parking lot, whichever is farthest east. The purpose of such a description is for the east line of the easement to follow the gentle curve of the parking lot where the existing creek takes a sharper turn(see the attached map exhibit). Prepared By: Print Name: Date Prepared Surveyor/EnPineers Stamp: H:DOCS:96-306b:SW:ps Agreement and Easement INITIAL Sheet 4 of 5 - J PROPERTY SERVICES {I ` q23 � Project: EXHIBIT A CONTUSWED Work Order# MAP EXHIBIT PID_ Grantor: STR: Street Intersection: l Nt6t MS _ 1 �- 1 1 ; •r R 4 1 1 1 ` •� 1 1 1 �'/• 1 1 r , • r�t� 1 1 r ; ;•r a� 1. j 1 Q r r •1 G .r 1 ' / • IR i IM 1 d tl N � z ' 1 1 1 , 1 Y ti4 `•+. 1 -C i ` a < W s' � �. � ; 3' f€ i su H:DOCS:96-306b:SW:ps Agreement and Easement IxITInI Sheet 5 of 5 PROPERTY SERVICES Opus Northwest LLC e� 200-112th Avenue NE OPUS. � r Suite 205 Bellevue,Washington 98004 206-4534100 Fax 206453-1712 April 24, 1996 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 50' setback. Please find enclosed data sheets from Bush, Roed & Hitchings on the changes proposed in the storm system. Preliminary plans will be submitted to you under separate cover. The storm changes pursuant to our discussions would be as follows: • Add 534 lineal feet of 12"storm pipe at$18 per lineal foot or $9,612 • 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 —5, 9cc • Total additional costs $2472492sj e 17 WUk Opus Northwest LLC is an affiliate of the Opus group of companies—Architects,Contractors,Developers Washin ton,D.C. - _ - .. .. 1. , _ ,__,_�_ �,:,.......I,,... u:............r� o„�����h Phnnniv Sacramento San Francisco.Seattle,Tampa, g O 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, Bart Bry estad Director- Real Estate Development Enclosure cc: John Anderson - Bush, Roed & Hitchings BB/mmj Springbrook str4_24.doc MAY-01-96 WED 07:49 OPUS NORTHWEST LLC FAX N0, 12064531712 P, 02/03 Opus Northwest LLC O PUS- )!�_ 200-1121h Avenue NE �+ (�u Suite 205 Bellevue,Washington 96004 Z A,>-1�1 r � 206-453-4100 Fax 206-453-1712 C6 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 & Hitchings, my 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 l would like to get these two items completed by next week. Please call myself or John Anderson of Bush, Roed & Hitchings at (206) 323-4144, if you have any additional questions. Very truly yours, r Bart Brynestad Director- Real Estate Development Enclosure B81mmi S pring brookstr5_1.doc MAY-01-96 WED 07:50 OPUS NORTHWEST LLC FAX NO, 12064531712 P, 03/03 2e63237135 B.R.H. F-603 T-929 P-002 APR 25 '96 14:28 BUSH, ROED &HITC-ETGS, 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_ D On a time and expense basis not to exceed S without written authorization. o With worts to start immediately on a time and expense basis. o With no change in the completion date. o With completion date extended calendar days. Performance of this additional work is authorized by signature. Authorization must be received prior to release of drawings_ Issued by: 9h H, Project Manager Date Authorized by: Client Date ;y CITY OF RENTON Planning/Building/Public Works Department Jesse Tanner, Mayor Gregg Zimmerman P.E.,Administrator May 23, 1996 MAY 2 41996 State Department of Ecology CITY OF RENTONEngineerin Northwest Regional Office g Dept" 3190 160th Ave. SE Bellevue, WA 98008-5452 SUBJECT: Shoreline Management Substantial Development Permit for File No. LUA-96-015,SA, SM, ECF Dear Permit Coordinator: Enclosed is the Shoreline Substantial Development Permit for the above referenced project. The permit was issued by the City of Renton on May 22, 1996. We are filing this action with the Department of Ecology and the Attorney General per WAC 173-14-090. Please review this permit and attachments and call me at (206) 277-6186 if you have any questions or need additional information. r Sincerely, J inifer Toth Henning Project Manager Enclosures: Legal Description (Attachment "A") SEPA Determination (Attachment"B") Copy of Original Application Affidavit of Public Notice/Publication Site Plan cc: Office of Attorney General City of Renton, Transportation Systems City of Renton, Utility Systems City of Renton, Code Compliance Inspector Applicant SHLTR.DOC 200 Mill Avenue South - Renton, Washington 98055 0 This paper contains 50%recycled material,25%post consumer CITY OF RENTON SHORELINE MANAGEMENT ACT OF 1971 PERMIT FOR SHORELINE MANAGEMENT SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT APPLICATION NO.: LUA-96-015, SA, SM, ECF DATE RECEIVED: February 15, 1996 DATE OF PUBLICATION: April 1, 1996 DATE APPROVED: May 22, 1996 DATE DENIED: N/A TYPE OF ACTION(S): [X] Substantial Development Permit [ ] Conditional Use Permit [ ] Variance Permit Pursuant to Chapter 90.58 RCW, the City of Renton has granted a permit: This action was taken on the following application: APPLICANT: Mark Miller(Mark Miller Consultants, Inc.) PROJECT: Raymond Avenue Center II DEVELOPMENT DESCRIPTION: The applicant seeks a Shoreline Substantial Development Permit in order to develop a 10-acre vacant site with a 99,635 square foot building, dock-high service doors for 20 trucks, and on-site parking for 128 vehicles. The site is adjacent to Springbrook Creek. On-site recreation opportunities for employees would include an outdoor picnic area at the southeast corner of the site and an outdoor half-court basketball south of the western parking area. The development would be speculative in nature but would be suitable for warehouse, office and manufacturing uses as permitted in the Light Industrial (IL) Zone. Springbrook Creek is designated as an "Urban" environment by the City's Shoreline Master Program. A portion of Wetland "A" mapped on the eastern edge of the site is designated "Conservancy" environment. A 25-foot buffer would be maintained from Wetland "A", and the proposed structure would be located no closer than 45 feet to the edge of the wetland. In other words, no site development would occur within areas designated "Conservancy". A previous development proposal for a smaller building (81,250 square feet) and more parking spaces (137 vehicles) was approved for the site in May, 1995 (Raymond Avenue Center - File No. LUA-95-064, SA, SM, ECF, LLA). A Shoreline Substantial Development Permit for Raymond Avenue Center was approved by the City on June 6, 1995. The current proposal is a modification of the previous site plan and features a larger building. Revisions proposed resulted in the filing of an application for Site Plan Approval, Environmental Review, and a Shoreline Substantial Development Permit. As with the previous proposal, the site would be developed with a 50-foot wide buffer between Springbrook Creek and other site development. Under the previous proposal public access to and along Springbrook Creek was to be developed on the west side of the Creek at the time the western SHSBDV.DOC City of Renton PB/PW Department Shoreline Substantial Development Pen-nit Raymond Avenue Center 11 Page 2 of 3 half of the property developed (west side of Springbrook Creek). Since the time of the approval of the Shoreline Substantial Development Permit for Raymond Avenue Center, the western one-half of the property has been sold. As a separate action, the City of Renton has negotiated with the applicant for an easement along Springbrook Creek to enable the City to widen Springbrook Creek for flood control purposes. The City would need to seek and obtain a separate Shoreline Substantial Development Permit for the widening of Springbrook Creek. At the time that the widening of Springbrook Creek occurs, a shelf would be created along the creek that would allow public access to and along the shoreline. In addition, the Springbrook Creek Trail will be developed on the west side of the creek, across from the subject parcel. LEGAL DESCRIPTION: See Attachment "A" SEC-TWNP-R: S24, T23N, R4E WITHIN SHORELINES OF: Springbrook Creek APPLICABLE MASTER PROGRAM: City of Renton Shoreline Master Program The following section/page of the Master Program is applicable to the development: Section Description Page 3.03 Shorelines of the City page 13 Y 4.02 Conservation Element page 15 4.04 Public Access Element page 17, 18 4.05 Recreation Element page 18, 19 5.03 Conservancy Environment pages 20-22 5.04 Urban Environment page 22 6.04 Public Access page 24 6.05 Facility Arrangement- Shoreline Orientation page 24 6.06 Landscaping page 24 6.07 Unique and Fragile Areas page 24 7.11-02 Parking - Private Parking page 32 Development of this project shall be undertaken pursuant to the following terms and conditions: 1. The applicant shall comply with the mitigation measures established by the City of Renton's Environmental Review Committee and the Site Plan Approval conditions established by the City of Renton's Zoning Administrators (See Attachment "B"). 2. Public access shall be allowed to and along the Springbrook Creek shoreline. This may be provided by means of furnishing an easement to the City of Renton along Springbrook Creek allowing public access, or by means of other easement or conveyance accomplishing this end. This permit is granted pursuant to the Shoreline Management Action of 1971 and pursuant to the following: 1. The issuance of a license under the Shoreline Management Act of 1971 shall not release the applicant from compliance with federal, state, and other permit requirements. 2. This permit may be rescinded pursuant to Section 14(7) of the Shoreline Management Act of 1971 in the event the permittee fails to comply with any condition hereof. SHSBDV.DOC City of Renton PB/PW Department Shorefine Substandal Development Permit Raymond Avenue Center 11 Page 3 of 3 3. A construction permit shall not be issued until thirty (30) days after approval by the City of Renton Development Services Division or until any review proceedings initiated within this thirty (30) day review period have been completed. Planning/B it n ublic Works Administrator bate THIS SECTION FOR DEPARTMENT USE ONLY IN REGARD TO A CONDITIONAL USE OR VARIANCE PERMIT DATE RECEIVED: APPROVED: DENIED: If Conditional Use, Section of the City's Shoreline Master Program authorizing the use: If Variance, Section(s) of the City's Shoreline Master Program being varied: This Conditional Use/Variance permit is approved/denied by the Department pursuant to Chapter 90.58 RCW. Development shall be undertaken pursuant to the following additional terms and conditions: Date Signature of Authorized Department Official cc: Attorney General's Office City of Renton, Plan Review(Neil Watts) City of Renton, Surface Water Utility(Ron Straka) Applicant SHSBDV.DOC THE CITY OF RENTON DEPARTMENT DE OF - WORKS _ O PLANNING/BUILDING/PUBLIC W FOURTH FLOOR 200 MILL AVENUE SOUTH RENTON, WASHINGTON 98055-2189 h` FAX: 235-2541 'µ -- To: Ku SS'c=LL To USLcY 7-ou Company: UP\/tom PR�1 tir S i,A 9� UPUS Phone: Fax: From: Sc- 0T-1 W'o -061 ,Ky Company: Phone: Fax: Date: 51,3196 Pages including this cover page: 3 Comments: /ri ro2A.q,-FiD y6"P, R(z✓!.r/orj5' sI/ 06 Li w -rk'6 �,rj 0 uU Q I Ff �fd cm^'-j(.-,(S TO 1 T F r \- y. pLE,41.7 40 4 C V/4-'� T A i "A tJ �r ,4,jo F�k ,lot, Lei C'a We t< k\S s,30.j ^5 10a r; p S o L) kveA� 4(�\s 91 v 1,� W40 Tti E `1T fnGk1 1(.0 ,A �►� w� -5N0w'7 'f"C AQCE To Ek e c uni T� s ,< FGLLUwi U -CGUtjc,tL ILAV J'u,jE 3. s WHEN RECORDED RETURN TO: Project: Office of the City Clerk Renton Municipal Building AGREEMENT AND EASEMENT Work Order# 200 Mill Avenue South FOR DRAINAGE CHANNEL PID:— Renton,WA 98055 Grantor: STR: Street Intersection: THIS INSTRUMENT, made this day of 19 by and between Opus Northwest LLC, hereinafter called "Grantor," and the CITY 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 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 over, under, through, across and upon the following described property (the easement area) in King County, Washington, more particularly described as follows: ,. See attached EXHIBIT A for legal description 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 and without t legal abli.ation r liability then-ef Following the initial construction of its facilities, Grantee may from time to time construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions: 1. The Grantee shall, upon completion of any work within the property covered by the easement, restore the surface of the easement, and any private improvements disturbed or destroyed during execution of the work, as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. 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. 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. Ergct 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. waive 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 INITIAL. Sheet 1 of 5 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 1 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, alksubject, 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 fxl�4 113 lrS 1-\a 57�0,&4 k`S r9_dltJ Vwfoa, H:DOCS:96-306b:SW:ps Agreement and Easement INITIAL Sheet 2 of 5 PROPERTY SERVICES CONCURRENCE DATE NAME INj �ITIAVDATL W I �ZZ UTILITIES COMMITTEE COMMITTEE REPORT _ Opus Easement and Agreement for Future Widening of Springbrook Creek (Referred May 20, 1996) _ i The Utilities Committee recommend that the Mayor and City Clerk be authorized to execute an Agreement and Easement for Drainage Channe with Opus Northwest LLC for the acquisition of a 2.0 acre easement along the east side of Springbrook Creek between SW 19th Street and SW 23rd Street. The easement is needed for the future widening of the creek�as proposed in the City of Renton Surface Water Utility's East Side Green River Watershed Project(City File No. LUA-95-205,ECF). The expenditure required for the easement acquisition is $25,079. There are currently no funds budgeted for obtaining the asem,,e�ntt Therefore, to compensate Opus in exchange for the easement, the Utilities Committeefcon m e Planning/Building/Public Works DepartmenArecommendation to waive $25,079 of Surface Water Utility system development charges that will become due for the development proposed on the property owned by Opus at 1901 Raymond Avenue SW(City File No. LUA-96-015,SA,SM,ECF). Randy Corman,Chair Timothy J. Schlitzer,Vice Chair Dan Clawson, Member H:DOCS:96-334:SW:ps CC: Ron Olsen Ron Straka Scott Woodbury Sean S. Woodbury From: Ronald J. Straka To: Sean S. Woodbury Subject: OPUS Easement Agreement Date: Monday, May 20, 1996 9:1 1 AM Scott: Could you call Bart Bernstead, of Opus at 453-1626, and let him know the status of our agreement. I told him that it will be going to Council on the 5/23 and should be reported out of the Utilities Committee for Council Approval on 6/3. He wanted to know if the new language, to be added to the agreement, was ok. I told him the City Attorney's office was reviewing the agreement. I see Larry Warren provided his comments on Friday. The Agreement has to be in final form by the Utilities Committee meeting. Once it is in final form, please send the necessary original copies to Opus for execution so that, once the Council approves the agreement, it can be executed by the Mayor. When you call Bart, go over the review comments from Larry Warren. We also need to discuss Larry's comments. 7-"r jo4 A) n ,��„s w,u t3� ��i M�- LP-0 arc� Page 1 CITY OF RENTON 4 Office of the City Attorney J e Tanner,Mayor Lawrence J.Warren t� MEMORANDUM MAY 17 CITY OF RENTON To: Scott Woodbury Engineering Depk From: Lawrence J. Warren, City Attorney Date: May 15, 1996 Subject: Agreement and Easement for Drainage Channel Opus Northwest LLC Acquisition for Future Widening of Springbrook Creek I have reviewed the above-referenced document and the same is approved as to legal form with the following comments: 1. With respect to paragraph 3, has this been cleared with the responsible City departments? Is a permit required? Is this part of the SEPA review and the shorelines permit? 2. Insure that the City won't incur hidden costs due to the Winmar easement. Probably this would involve correspondence with Winmar. Lawrence J. Warren LJW:as. cc: Jay Covington A8:122.81. Post Office Box 626 - 100 S. 2nd Street - Renton, Washington 98057 - (206)255-8678 cam. CITY OF RENTON PUBLIC WORKS DEPARTMENT REQUEST FOR INFORMATION OR CONCURRENCE DATE: May 14, 1996 TO: Larry Warren FROM: Scott Woodbury (X-5547) 't-`% CONTACT PERSON: SUBJECT: Opus Acquisition for Future Widening of Springbrook Creek Please review the attached Agreement and Easement for Drainage Channel as to legal form. Opus' attorney, Tousley Brain, has requested revisions to our proposed language. Deletions are shown in strikethrough font and additions in boldface font. I have handwritten some changes to item 4 of the Tousley revisions. To assist you in your review I have also attached the following: • Non-exclusive Access and Utilities Easement (King County Recording No. 9603151187). This document is referenced in item 4 of the Tousley revisions. • Issue paper dated 5/13/96. Please return any comments you may have before May 22, if possible. On May 23 the acquisition will be considered by the Council Utilities Committee. If you have any questions, please contact me at X-5547. Thank you for your assistance. Attachment MAY 14 '96 00:55AM TOUSLEY DRAIN Jam'/y�P P. 1/4 FAUIMILE COVER PAGE Tousley TOTAL PAGES (INCLUDING COVER SHEET): 4 Brain ATTORNEYS AT LAW May 13, 19% 56TH FLOOR, KEY TOWER 7oo FIFTH AVENUE SEATTLE,WASHINGTON 98104° .,6 FACSIMILE(206) 6a2.2%2 TELEPHONE (206) 682S60o PLEASE DELIVER THE FOLLOWING PAGE(S) TO: (NAME) (COMPANY/TELEPHONE) (FAX NUMBER) Ronald J. Straka, P.E. Engineering Supervisor, City of 236-2641 Renton/277-5548 Bart Brynested Opus Northwest, L.L.C./463.4100 453-1712 FROM: Russell F. Tousley RE: Opus Northwest, L.L.C. - Springbrook Industrial Center - 19th & Raymond Ave. South, Renton, WA COMMENTS/ENCLOSURES Please substitute the enclosed revised letter for the letter we taxed to you earlier today. PREPARED BY: Toni FILE NO,: 02321-012.81 IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL US IMMEDIATELY, THANK YOU. CONFIDENTIALITY NOTICE The information contained in this communication is confidential, may be attorney-client privileged, and is intended only for the use of the addressee. Unauthorized use, review, disclosure, or copying is strictly prohibited. If you have received this communication in error, please notify us by telephone Immediately at (206) 682.5600 so that we can arrange for retrieval of the documents at no cost to you. If the transmission Is Incomplete or Illegible, please call the Records Department at the above number. MAY 14 '96 00:56PM TOUSLEY BRAIN P.2/4 lbusley REVISED LETTER Brain 1 ATTORNEYS AT LAW RUSSELL F. TOUSLEY SeTN FLOOR,AT&T GATEWAY TOWER wo FIFTH AvEhI,E SEATTLE,WASHINGTON me,CA�cEC FACSIMILE(2051 see-2992 TELEPHONE(2ce)e8�-"to OUR FILE NO: 0-2321-01231 May 13, 1996 VIA FACSPAEME Ronald 1. Straka, P.E., Engineering Supervisor Surface Water Utility Planning/Building/Public Works Dept. City of Renton 200 Mill Avenue South Renton, WA 98055 Re: Opus Northwest, L.L.C. - Springbrook Industrial Center - 19th and Raymond Avenue South, Renton, WA Dear Ron: Following up on our telephone conversation this morning, including in connection with the effect of the proposed agreement and easement for drainage channel upon the existing rights enjoyed by Winmar in connection with bridging the channel, we would revise the proposed easement as follows: In order to address Winmar's bridge rights, I would add new paragraph 4 as follows: 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. MAY 14 '96 00:56AN TOUSLEY BRAIN P.3i4 Ronald J. Straka, P.E. May 13, 1996 Page 2 Please delete "and without incurring any legal obligation or liability therefore" from the third line below the reference to Exhibit A on page one of the easement. This language implies the City has no liability for torts it commits in connection with its use of the easement or breaches of its contractual obligations under the easement. In order to address Opus' general concerns with easement holders unreasonable interference with tenants, add to paragraph 1: 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. Add new paragraphs 5, 6 & 7 as follows: 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. M21\O 011A.RFr MAY 14 '96 00:57AM TOUSLEY DRAIN P.4i4 Ronald J. Straka, P.E. May 13, 1996 Page 3 I assume you will call if you have any questions. Very truly yours, TOUSLEY BRAIN Russell F. Tousley RFT/trh cc: Bart Brynestad 12321 012LAl1A.RFr CITY OF RENTON COUNCIL AGENDA BILL Al #: Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/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... Opus Easement and Agreement for Future Widening of Correspondence.. Springbrook Creek Ordinance............. Resolution............ Old Business........ Exhibits: New Business....... Issue Paper Study Sessions....... Draft Agreement and Easement for Drainage Channel Information......... Recommended Action: Approvals: Refer to Utilities Committee of May 23, 1996 Legal Dept......... X (Pending) Finance Dept...... Risk Management Fiscal Impact: Expenditure Required... $25,079 Transfer/Amendment....... Amount Budgeted.......... $0 Revenue Generated......... Total Project Budget $0 City Share Total Project.. $25,079 Summary of Action: Opus Northwest LLC is developing a 10.4 acre property at 1901 Raymond Avenue SW under the Springbrook Creek Industrial Center proposal (City File No. LUA-96-015,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. An easement is needed along the creek from the Opus site to construct the widened channel and the owner has agreed to grant the City an easement. The easement 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 obtaining the easement. Therefore, to compensate the owner in exchange for the easement, it is proposed that the City agree to waive $25,079 of the Surface Water Utility system development charges that will become due for the development proposal. Details regarding the compensation and other terms and conditions for the easement are included in the attached draft Agreement and Easement for Drainage Channel. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the Agreement and Easement for Drainage Channel with Opus Northwest LLC. H:DOCS:96-306a: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 STAFF CONTACT: Ron Straka(X-5548) Scott Woodbury(X-5547) SUBJECT: OPUS ACQUISITION FOR FUTURE WIDENING OF SPRINGBROOK CREEK ISSUE: Acquisition of a 2.0 acre easement from the 10.4 acre property at 1901 Raymond Avenue SW for the future widening of Springbrook Creek. RECOMMENDATION: Authorize the Mayor and City Clerk to execute the Agreement and Easement for Drainage Channel with Opus Northwest LLC for the acquisition of a 2.0 acre easement for the future widening of Springbrook Creek. BACKGROUND: Opus Northwest LLC is developing a 10.4 acre property at 1901 Raymond Avenue SW under the Springbrook Creek Industrial Center proposal (City File No. LUA-96-015,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 Springbrook Creek Industrial Center project. 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 property rights 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 Opus easement 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 2.0 acres of easement area is needed along the creek from the Opus site for the future widening of the channel and the owner has agreed to grant the City an easement. There are currently no funds budgeted for obtaining the easement. Therefore, to compensate the owner in exchange for the easement, it is proposed that the City agree to waive $25,079 of the Surface Water Utility system development charges that will become due for the development proposal. Details regarding the compensation and other terms and conditions for the easement are included in the attached draft Agreement and Easement for Drainage Channel. Separate from this proposed easement acquisition, additional acquisitions are also needed from three other properties to secure all the property rights necessary for the future ESGRWP 16th Street to 23rd Street channel widening project. A proposed acquisition from Benaroya Capital Company LLC from the 16th Street Technical Center redevelopment project at 801 SW 16th Street (LUA-96-034,SA,SM,ECF) is submitted for Council review concurrent with this request. Negotiations with the two remaining property owners,Boeing and Winmar,are pending. H:DOCS:96-306:SW:ps cc: Ron Olsen ' r •-.:� �. � . III IIII, ����E, �I III�I °• � Lk • 3,//� �� n to , 1 ,:'r 1p , 1 tv --� PUMP STATION �'.`.:.• '.:o-.::. ^. �,.. £ i,I . FOREBAY BLACK RIVER PUMP STATION • - ; Y^ # tt TO GREEN DUWAMISH 8 r.RIVER �� a� y .` SC2 3- _J: vs p A.. SCALE •........ �-.... .. ........ pS2 3 - ��. pt t .- , ._�. SC2-1 23ST —1 SC3=1A I >r W12-2 zr 24:...1� r ,- � � z..1. .� s z �Yc LEGEND �..� Project Boundary �• S 1H n n` 4 1 Existing Storm Drain Pipe System k„pravert,ertt :;:; SC2=1 C -- - -- i� ■ ■ Channel Irnproveamot ' i:. ........ 1 / 111 Channel Maintenonca - ;- - - —� - - Project-$edtrnen Removal:.-- p--C Plug Existing Cutvett - � O Brid /Cu�ert Removal g9ee and/or Improvements - - 1 Wtigatm Bank _ SC —1 D SC2—1 V SC3 1 � D Spnngbrook Creek Aft. 2-Element 1C ij i - - -. :PS PS2—1 Pipe System / MILL CREEKr`- FG 2— Panther Creek ::--- ...M..- f - .. > ._.. 23ST3-2 Southwest 23rd Street ; lr;...; ........... ._ _...... 10 S low R y/.... ...: ....._.. ... _ W7N-2 Wetland Enhancement s ,/ �, �: l _... ... .. Wetlands _......... Welland Mitigation - ..... ...._........._. - --•--.--- Figure 2. Combined Project Alternatives City of Renton East Side Green River Watershed Project BECK/ESGR,T6 DEIS 04/26/96e PUMP STATION - - - FOREBAY fl BLACK RIVER PUMP STATION TO GREEN _ DMAMISH r d RIVER a, `mac✓' SCALE E; S'2- s 3 -2A < .,�..// .... ..,,�...�... OAK n T 4 � z .__ ':..SCz-, =3-1 ..... ... SC2 $C3-1 B -� 4. • - .. LEGEND :: SC2 1C .. ..__... ................ .. ... F........::Proi-A Boundary ........... - '-- �:. Existing Storm Drain Channel improvement m uunni Channel Maintenance Project 1� t Sediment Removal Bridg Bridge/Culvert Removal ; a �,+ _... and/or Improvements Wetland ,ef , 1Gtigation wetand T i SC2-1 C WLL CREEK sPr; .............. ... . f_°._._......; - ........ AL 2—Dement IC 4 f.. .. `r,. .............. �'.. ...... . / O S 1lMh R .. ` ..:. a: ... ` 5 19bd St E Figure 3. Springbrook Creek (SC) Alternatives City of Renton East Side Green River Watershed Project BECK/ESGR,115 DEIS 04/26/96c Y, WHEN RECORDED RETURN TO: Project: Office of the City Clerk AGREEMENT AND EASEMENT Work Order# Renton Municipal Building 200 Mill Avenue South FOR DRAINAGE CHANNEL PID_ Renton,WA 98055 Grantor: STR: ORP,� 57/0G Street Intersection: THIS INSTRUMENT, made this day of 19 by and between Opus Northwest LLC, hereinafter called "Grantor," and the CITY 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 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 over, under, through, across and upon the following described property (the easement area) in King County, Washington,more particularly described as follows: See attached EXIMIT A for legal description 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 and without incurring any legal obligation or liability therefor. Following the initial construction of its facilities, Grantee may from time to time construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions: 1. The Grantee shall, upon completion of any work within the property covered by the easement, restore the surface of the easement, and any private improvements disturbed or destroyed during execution of the work, as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. 2. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. 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. waive 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 prohibited in that portion of the easement area lying within and 25' from the ordinary high water level in the H:DOCS:96-306b:SW:ps Agreement and Easement L=J Sheet I of 4 PROPERTY SERVICES �� s1919 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. 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. Signatures of Grantor: and and STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument, on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Dated Notary Public in and for the State of Washington residing at Notary(print): My appointment expires: 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:96-306b:SW:ps Agreement and Easement INITIAL. Sheet 2 of 4 PROPERTY SERVICES Project: EXHIBIT A Work order# LEGAL DESCRIPTION PID_ Grantor: STR: Street Intersection: Easement Area: That portion of Government Lot 13 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: The west 50 feet of Lot 2 of City of Renton Lot Line Adjustment No. LLA-95-064 (King County Recording No. 9508039005). Note: This description is preliminary. The final easement description will be a metes and bounds description based upon the west 50 feet or the edge of the proposed parking lot, whichever is farthest east. The purpose of such a description is for the east line of the easement to follow the gentle curve of the parking lot where the existing creek takes a sharper turn(see the attached map exhibit). Prepared By: > Print Name: Date Prepared Surveyor/Engineers Stamp: H:DOCS:96-306b:SW:ps Agreement and Easement tivntnl Sheet 3 of 4 PROPERTY SERVICES Project: EXHIBIT A CONTINUED Work Order 4 MAC EXHIBIT__ PID_ LbiGrantor. S//Y6 STR: L Street Intersection: 1 4 Mat _ i-'------- — 1 1 - 1 � 1 •� 1 1 1 1;i, 1 1 1 i I 1 , RA i3 QI i zl 1 � 1 e_ 1 B ii i ; xi / " ' SIC e:: ili�i i - Z 1 1 Ilil 11 TI 1 Il I 1 1 1 i 1 1 1 � }yl�"•. _ `mow I �n w H:DOCS:96-NUQ4tK4.DOC:SW:ps Agreement and Easement IMTIAI 3 ob6 Sheet 4 of 4 PROPERTY SERVICES Opus Northwest LLC U/ 1 O PU C Ja Suiitte 205 th Avenue NE Bellevue,Washington 98004 c/ 206-453-4100 Fax 206-453-1712 April 24, 1996 t Mr. Ronald J. Straka, Engineering Supervisor Public Works Department ` fin ; > er:n`; 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 50' setback. Please find enclosed data sheets from Bush, Roed & Hitchings on the changes proposed in the storm system. Preliminary plans will be submitted to you under separate cover. The storm changes pursuant to our discussions would be as follows: • Add 534 lineal feet of 12" storm pipe at$18 per lineal foot or $9,612 • Delete 341 lineal feet of 12"storm pipe at$18per lineal foot or {$6,138} • Delete 40;, lineal feet of 15" storm ripe 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 $2,000 5- goo • Total additional costs �ZSI e7q Opus Northwest LLC is an affiliate of the Opus group of companies—Architects,Contractors,Developers Chicago,Columbus,Dallas,Denver,Ft.Lauderdale,Milwaukee,Minneapolis,Pensacola,Phoenix,Sacramento,San Francisco,Seattle,Tampa,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, e I Bart Bry estad Director- Real Estate Development Enclosure cc: John Anderson - Bush, Roed & Hitchings BB/mmj Spring brook:str4_24.doc MAY-01-96 WED 07:49 OPUS NORTHWEST LLC FAX N0, 12064531712 P. 02/03 Opus Northwest LLC OPUS. 200-172ih Avenue N= Suite 205 Bellevue,Washington 96004 206-453-4100 Fax 206AS3-1712 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 find enclosed a notice of additional work from Bush, Roed & Hitching6, riry 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. Please call myself or John Anderson of Bush, Roed & Hitchings at (206) 323-4144, if you have any additional questions. Very truly yours, l Bart Brynestad Director- Real Estate Development Enclosure Balmmi Spring brook's try-1.d oc Opus Northwest LLC is an affiliate of the Opus group or companies—Architecs,Contractor,-,Developers MAY-Oi-96 WED 07:50 OPUS NORTHWEST LLC FAX NO. 12064531712 P. 03/03 2eG3237135 B.R.H. F-603 T-929 P-002 PPR 25 '9E 14:28 BUSH. ROED &1-=C H NGS, INC. Notice of Additional Work No. 'I Attention: Bart Brynestad Date: 04/25/96 Opus NW, LLC Contract No.: 92233.14 Description: Raymond Avenue Center Work to be perforrned: 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$5,8o0 to the contract price. o On a time and expense basis not to exceed $ without written authorization. O With work to start immediately on a time and expense basis. ❑ With no change in the completion date. n With completion date extended calendar days. Performance of this additional work is authorized by signature. Authorization must be received prior to release of drawings. Issued by: 9h H, Project Manager Date Authorized by: Client Date CITY OF RENTON COUNCIL AGENDA BILL AI #: Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/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... Opus Acquiskion-for Future Widening of Springbrook Creek Correspondence.. /4 - Ordinance............. 5110150 7 0 Resolution............ DATE 7,%0/s0 f Old Business........ NAME !!J;TIF,L. ' Exhibits: New Business....... Issue Paper Study Sessions....... 7 /0 G Draft Agreement and Easement for Drainage Channel Information......... r Recommended Action: Approvals: Gt- Refer to Utilities Committee of May 23, 1996 Legal Dept......... X (Pending) Finance Dept...... Risk Management Fiscal Impact: Expenditure Required... $25,079 Transfer/Amendment....... Amount Budgeted.......... $0 Revenue Generated......... Total Project Budget $0 City Share Total Project.. $25,079 Summary of Action: � o Opus Northwest LLC is developing a 10.4 acre property at 1901 Raymond Avenue SW under the Springbrook Creek k� � Industrial Center proposal (LUA-96-015,SA,SM,ECF). The western_boundag4 of the development site lies along a reach of Springbrook f1 eek l The Srfac W# iUt�lity has made application - - ) for a comprehensive urface water capital improvement t' :the East Side Green River Watershed Project (ESGRWP� that i ntifies Ahis-re of Springbrook-Creek for future widening and restoration.) i�-needed along the creek from the Opus site to construct the widened channel and the owner has agreed to�se)IL an easement. 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 dedication, it is proposed that the City agree to waive $25,079 t t%e ility system development charges that will become due for the development proposal. Details regarding the com nation and other terms and conditions for the right-of-way dedication are included in the attached draft Agr me and Easement for Drainage Channel. SJr�4e tn1 wf c" STAFF RECOMMENDATION: 1P'' Authorize the Mayor and City Clerk to exe ute the Agreement and Easement for Drainage Channel with Opus Northwest LLC. H:DOC S:96-work8:S W:ps t� CITY OF RENTON '� � • Planning/Building/Public Works Department `:: Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator May 9, 1996 Bart Brynestad, Director Opus Northwest LLC Real Estate Development 200- 112th Avenue NE- STE 205 Bellevue, WA 98004 SUBJECT: SPRINGBROOK INDUSTRIAL CENTER 19TH&RAYMOND AVENUE S.,RENTON,WA Dear Mr. Brynestad: Enclosed is a draft Agreement and Easement for the above-referenced project as you had requested, also incorporating the changes identified in your May 1, 1996 letter. As noted in the Agreement and Easement, the easement description is preliminary and will be finalized once we have received the survey and design drawing AutoCad files from John Anderson of Bush, Roed & Hitchings. I understand these will be provided to us very soon. We would like to submit the draft Agreement and Easement next Monday, May 13, to the City Clerk to initiate the City Council approval process. The schedule for Council review would then be as follows: May 20 Easement referred by Council to the May 23 Utilities Committee meeting May 23 Utilities Committee review of the Agreement and Easement May 27 Utilities Committee report submitted to the full Council for approval I appreciate your assistance and hope this schedule meets your needs. If you have any questions, please contact me at(206)277-5548 or Scott Woodbury, Project Manager, at(206)277-5547. Sincerely, Ronald J. traka, P.E., Engineering Supervisor Surface Water Utility H:DOCS:96-296:S W:ps Attachment CC: Scott Woodbury go Tom Boyns Cnnth - RPntcNn Wnchinvtnn 9ROSS Sean S. Woodbury From: Ronald J. Straka To: Leslie Betlach Cc: Sam Chastain; Gregg A. Zimmerman; Neil R. Watts; Sean S. Woodbury Subject: RE: Rev. Draft Esmt . Agreement for Drainage Channel & Ped. Trail Date: Tuesday, May 06, 1997 4:21 PM The clarification is acknowledged. We need to be sure that the developers estimate for constructing the trial is accurate to ensure that the actual cost of the trail does not exceeds the deferral amount of the security that is set at 120% of the developers estimate, which is unlikely. The cost of our time to administer the trail construction should be reimbursed by the Parks Department, since it is not construction of a surface water facility, but we agree to administer the construction without reimbursement from the Parks Dept. From: Leslie Betlach To: Ronald J. Straka Cc: Sam Chastain; Sue A. Carlson; Clinton E. Morgan; Jennefer Toth Henning; Neil R. Watts; Sean S. Woodbury Subject: Rev. Draft Esmt . Agreement for Drainage Channel & Ped. Trail Date: Monday, May 05, 1997 1:18PM Priority: High Thank you for the opportunity to review and comment on the Revised Draft Easement Agreement for the Drainage Channel and Pedestrian Trail along Springbrook Creek, and specifically the Hunter Douglas property. The document as written addresses our concerns regarding the pedestrian trail and is acceptable to Parks. The only clarification needed (which is not appropriate for this document) is that Surface Water will be the administering department for construction of the trail. (Similar to the portion between Grady Way and SW 16th). Upon completion, Parks will provide the litter removal. If you have any questions, please call me at x-5549. Page 1 Opus Northwest LLC 1 OPUS, Suite 205 th Avenue NE Bellevue,Washington 98004 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 Rom; Springbrook industrial Center, 19th & Raymond Avenue S., Renton Washington Dear Mr. Straka: Please find enclosed a notice of additional work from Bush, Roed & Hitchings, my 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. Please call myself or John Anderson of Bush, Roed & Hitchings at (206) 323-4144, if you have any additional questions. Very truly yours, Bart Brynestad Director - Real Estate Development Enclosure BB/mmj Spring brook:str5_1.cloc Opus Northwest LLC is an affiliate of the Opus group of companies—Architects,Contractors,Developers Chicago,Columbus,Dallas,Denver,Ft.Lauderdale,Milwaukee,Minneapolis,Pensacola,Phoenix,Sacramento,San Francisco,Seattle,Tampa,Washington,D.C. 20G3237135 B.P.H. F-603 T-929 P-002 APR 25 '96 14:2B BUSH, ROED & HITCHINGS, INC. Notice of Additional Work No. 1 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. Q On a time and expense basis not to exceed $ without written authorization. ❑ With work to start immediately on a time and expense basis. ❑ With no change in the completion date. ❑ With completion date extended calendar days. Performance of this additional work is authorized by signature. Authorization must be received prior to release of drawings. Issued by: H, Project Manager Date Authorized by: Client Date Qtr�s (VIAT Z/y Aso. 21 y j 7-50. S(o.(Z4)-p-27/ 7 a Z. .21- °ie 1,96 AgLU �Z k z� (/r7G ovqr,ct z� `90. rOK 20 rK" Aait 13 13 to -k) u JUAlt 3 7'UA16 XI Jurif ti J014 16 J nv"e- 17 1!�Y-01-96 WED 07:48 OPUS NORTHWEST LLC FAX NO. 12064531712 -i-yy P, 01/03 OPUS Opus Northwest PLC 200- 112th Avenue NE Phone: (206)453-4100 Suite 205 Bellevue, Washington 98004 Fax: (206)453-1712 FAX COVER SHEET To: Mf at1Z �T+z0. Company: C 1A C� 6� 1lVJ1f'11 Fax Number: Z 25 - 29:�Ll I Phone Number: 2 7-7- Date/Time;_ Number of Pages (w/cover): RoanrAine,� Zrl� � r•lvlil �� 1.J�'' l� �,t� I r 1rY1 t Message: c i ' F7� Original to follow? No _ YeS4 If you have a question or any problems regarding transmission of this fax, please call our office at (206) 453-4100, The Information contained in this facsimile message is privileged and confidential and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. It you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address. Thank you. 1 MQY-01-96 WED 07:49 OPUS NORTHWEST LLC FAX N0, 12064531712 P, 02/03 Opus Northwest LLC 200-11Z1h avenue NE OPUS. Suite 205 Bellevue,Washington 96004 206-453-4100 Fax 206453.1712 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 find enclosed a notice of additional work from Bush, Roed & Hitchings, my 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. Please call myself or John Anderson of Bush, Roed & Hitchings at (206) 323-4144, if you have any additional questions. Very truly yours, m Bart Brynestad Director- Real Estate Development Enclosure BB/mmj Spnngbrook:s tr5-1.d oc Opus Norrhwesi LLC is an affiliate of the Opus,croup of companies—Architects,Contractors,Developers Chicago,Columbus,Dallas,Denver,Ft.Lauderdale.Milwaukep MirmpnnnGe P.—.. r, MAY-01-96 WED 07:50 OPUS NORTHWEST LLC FAX NO. 12064531712 P. 03/03 2963237135 B.R.H. F-693 T-929 P-002 APR 25 '96 14.29 BUSH, ROED &HUC H NGS, INC. Notice of Additional Work No. 1 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 Worts will be accomplished: ❑ With no Change to the contract price, X For a lump sum increase of$5,800 to the contract price- * On a time and expense basis not to exceed $ without written authorization, o With work to start immediately on a time and expense basis. ❑ With no change in the completion date. ❑ With completion date extended calendar days. Performance of this additional work is authorized by signature. Authorization must be received prior to release of drawings. r Issued by: H, Project Manager Date Authorized by: Client Date CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: April 30, 1996 TO: Tom Boyns FROM: Scott Woodbury SUBJECT: DRAFT OPUS EASEMENT AND AGREEMENT r Attached is the above-referenced easement and agreement for your review and comment. It would be greatly appreciated if you could review it as sooi�as possible as Opus is anxious to formalize the conditions under which they will grant us the easement. WHEN RECORDED RETURN TO: Project: Office of the City Clerk AGREEMENT AND EASEMENT Work Order# Renton Municipal Building 200 Mill Avenue South FOR DRAINAGE CHANNEL PID_ Renton,WA 98055 Grantor: STR: C� T, n Street Intersection: THIS INSTRUMENT,made this day of 19 ; by and between and [please print or type Grantors)Naznm(s)l and ; hereinafter called "Grantor(s)," and the CITY OF RENTON, a Municipal Corporation of King County, Washington, hereinafter called"Grantee." 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 as follows: See attached EXHIBIT A for legal description 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 and without incurring any legal obligation or liability therefor. Following the initial construction of its facilities,Grantee may from time to time construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions: 1. The Grantee shall, upon completion of any work within the property covered by the easement,restore the surface of the easement, and any private improvements disturbed or destroyed during execution of the work, as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. 2. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. 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. waive 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 prohibited in that portion of the easement area lying within and 25' from the ordinary high water level in the H:DOCS:96-WORK4.DOC:SW:ps Agreement and Easement rxMAL Sheet I of 4 PROPERTY SERVICES creek. Final grades after the soil removal and grading within the easement area are not to exceed 3 horizontal to 1 vertical and any excavated area shall be graded so as to remain free-draining. 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. G" Signatures of Grantors: GU and ; and ; REPRESENTATIVE FORM OF ACKNOWLEDGMENT STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument, on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Dated Notary Public in and for the State of Washington residing at Notary(print): My appointment expires: H:DOCS:96-WORK4.DOC:SW:ps Agreement and Easement INITIAL Sheet 2 of 4 PROPERTY SERVICES Project: EXHMIT A Work Order# LEGAL DESCRIPTION PIDL- Grantor: G I �� STR: - 1 1 Street Intersection: f,l Easement Area: cJ That portion of Government Lot 13 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: The west 50 feet of Lot 2 of City of Renton Lot Line Adjustment No. LLA-95-064 (King County Recording No. 9508039005). Note: This description is preliminary. The final easement description will be a metes and bounds description based upon the west 50 feet or the edge of the proposed parking lot, whichever is farthest east. The purpose of such a description is for the east line of the easement to follow the gentle curve of the parking lot where the existing creek takes a sharper turn(see the attached map exhibit). Prepared By: Print Name: Date Prepared Surveyor/Engineers Stamp: H:DOCS:96-WORK4.DOC:SW:ps Agreement and Easement INITIAL Sheet 3 of 4 PROPERTY SERVICES Project: EXHIBIT A CONTINUED Work Order# U b PID -E 1. _ ��j It I �j Grantor: U (I STR: t; Street Intersection: 1 4 I _ - 1 q r is�a I S t - 1 - I / I 1 I Q 4 - 1 � 1 1 1 _ 1 • � 1 I 1 J 81 a 1 8/ 1 `"•1 .1 ---------- air 1 a ; t I+ I 1 11 I 1 II 0 1 1 1 1 1 Q i a ``� J�` \ ;� 1 i H:DOCS:96-WORK4.DOC:SW:ps Agreement and Easement INITIAL Sheet 4 of 4 PROPERTY SERVICES Opus Northwest LLC OPUS 200—112th Avenue NE /, Suite 205 L/ Bellevue,Washington 98004 206-453-4100 Fax 206-453-1712 April 24, 1996 Mr. Ronald J. Straka, Engineering Supervisor t Public Works Department f e _n .r- nGi'- 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 50'setback. Please find enclosed data sheets from Bush, Roed & Hitchings on the-changes proposed in the storm system. Preliminary plans will be submitted.to you under separate cover. The storm changes pursuant to our discussions would be as follows: • Add 534 lineal feet of 12"storm pipe at$18 per lineal foot or $9,612 • Delete 341 lineal feet of 12"storm pipe at$18per lineal foot or {$6,138} • Delete 485 flneal 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 5- goo d • Total additional costs 92S� 077 7�5C,4- AT-rPC444V wIA-4 11 t % W T4k Opus Northwest LLC is an affiliate of the Opus group of companies—Architects,Contractors,Developers Chicago,Columbus,Dallas,Denver,Ft.Lauderdale,Milwaukee,Minneapolis,Pensacola,Phoenix,Sacramento,San Francisco,Seattle,Tampa,Washington,D.C. MAY-01-96 WED 07:49 OPUS NORTHWEST LLC FAX N0, 12064531712 P. 02/03 Opus Northwest LLC O• v S. Ski e 205 ih Avenue NE Bellevue,Washington 96004 206-453-4100 Fax 206453-1712 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 find enclosed a notice of additional work from Bush, Roed & Hitchings, lily Civil Engineering for the Springbrook Industrial Center Project. Their quote is for the storm system redesign pursuant to our latest discussions. l 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. Please_call myself or John Anderson of Bush, Roed & Hitchings at (206) 323-4144, if,you have any additional questions.` Very truly yours, Bart Brynestad Director- Real Estate Development Enclosure BBlmmi Sp6n9brookkstr5 1.doc W EN RECORDED RETURN TO: Office of the City Clerk LtG Vau�(,� 2 �t Renton Municipal Building Sr, 200 Mill Avenue South Renton, WA 98065 ue, lrl P CA8p0 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, �.� King County,Washington. Full description is on pages A-I and A-2. ASSESSOR'S TAX PARCEL No: 242304-9020-08 1014 M AGREEMENT TO AMEND DRAINAGE CHANNEL EASEMENT (No Monetary Consideration) d M THIS AGREEMENT TO AMEND DRAINAGE CHANNEL EASEMENT ("Amendment") is made the Z7i N9 day of PLCOMbk 19_L-/, 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." 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 a~ A portion of the Property is subject to an easement for constructing, using, and maintaining a drainage ig- channel (the"Drainage Channel Easement")previously granted to Grantee in an instrument recorded July 5, 1996, 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. ti. 4 0 :o INITIAL M DOCUMENT FORM APPROVED BY CITY ATTORI�l 4A-97 &A M 1 PROPERTY SERVICES 4. CU CU ti Ctt 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 23 1997 in the real property records of King County, Washington under Recording No. g7/2 z3 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. cl r1 GRANTOR: GRANTEE: OPUS NORTHWEST,L.L.C., CITY OF RENTON, a Delaware limited liability compan a Municipal Corporation of King County By: Jo Solberg By: ice President Name: Jesse Tanner Title: dot Age 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 instru rent, 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. .` A•Yo(j•�, ��; S �'• (Si ature of N t Public) : 2� �kw spy P ; (Printed Name o Notary Public) OFeW.PS<�`�, My Appointment expires Z2L Lnn 7"+ L7 STATE OF WASHINGTON ) :J )ss. V-4 COUNTY OF KING ) [?' I certify that I know or have satisfactory evidence that <ANN!�4 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 Lgj"Mkt"t & instrument and acknowledged it as the_&04 of The City of Renton to be the ,""of such party for the uses and purposes mentioned in this instrument. NaTARY • J q s N ;p PUBUC���O�,� (Signature tdy Public) ER (Printed Name of Notary Public) a My Appointment expires 3 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Project: Springbrook Industrial Center PID: 242304-9020 Grantor. Opus Northwest, L.L.C. STR: 2423 04 Street Intersection: Raymond and S.W. 19th THAT PORTION OF GOVERNMENT LOT 13, SECTION 24,TOWNSHIP 23,NORTH, RANGE 4 EAST, WILLIAMETTE MERIDIAN.IN KING COUNTY,WASHINGTON,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 24;THENCE NORTH 00°47'36' 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 5224'00'WEST 186.02 FEET; THENCE NORTH 54°03'57'WEST 280.51 FEET, T-4 THENCE NORTH 35*11'09*WEST 138.12 FEET, 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; (� 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 334.26 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°47'30'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°47'36'WEST ALONG THE EAST LINE 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). O -� �S alms J i it �y1 L LAND S \ _XPIRES 9 i 21 199 EXHIBIT B DRAINAGE CHANNEL EASEMENT LEGAL DESCRIPTION Project: Springbrook Industrial Center PID: 24tiO4-9020 Grantor. Opus Northwest,L.L.C. STR: 242304 Street Intersection: Raymond and S.W. 19th Faaement 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 37*00*42'W 32.02 feet-, !n thence N 55'28'15'W 83.16 feet; thence N 52°24'00'W 186.02feet; ;hence N 54'03'57'W 230.51 feet; thence N 35'11'09"W 138.12 feet; U 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 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 13048'14'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 8726'45"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 proceeding course and having a radius of 384.26 feet,the center of which bean 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 dimrtce 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 36'56'32"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 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: Springbrook ludustriai Center P1D: 242304-9020 Grantor. Opus Nordiwest, L.L.C. STR: 242304 Street Intersection: Raymond and S.W. 19th 22 10 9 � �� 23 2 9 t3 4 F 7 .�.� 25 4 ee Ene and Cuo ve Tables on Following Shcet 28 n1 t" 5 27 4 28 0 1'3100• 100 3 29 �i ( IN FEET ) 2 30 1 South Corner of Lot 2 B-2 EXHIBIT B CONTINUED MAP EXHIBIT Project: Springbrook ludustrial Center Pm: 242304-9020 Grantor. Opus Northwest,L.L.C. STR: 242304 Sttc--t Intersection: Raymond and S.W. 19th 17 Northwest Corner of Lot 2�g Line Table 18 ID 4 ees,+n 0"(e) 15 1 N 37'00'42-W 32.02 2 N 55'2rl5-W 93.16 19 3 N 5224Mr W 116.02 Ns•�3•srw ;&ui 14 N 33*11'f)9-W i34.12 6 N 23'44-21-W 1131 1 N 50'0E'3U"E 107.69 \ 9 N 51.45'16-E 63.97 �a 10 N 5939'11-E 93.73 12 N 13'43'14-E 114.90 14 N 23'47'3r W 104.50 15 N 21'32'10'W 63.10 13 16 N 2(r51*33"W 41.90 Curve Table 20 17 S 1r26'45-E 140.00 11 S 37'01 21-W 9190 ID 0 Ridlus(R) Ces"Amtie Art Lesltth 19 S 23.47'30'E %.43 7 35.71 52'20 it 32.69 21 S 13.44'14-W 114.90 I1 154.57 45.50'57- 123.69 23 S 5939'11-W 90.32 13 334.26 36.45 26- 214.44 24 S 51.45'16-W 61.54 20 39416 36'45.26- 257.3E 26 S 35*1I'09"E 11.71 22 204.57 45.50'57- 163.70 27 S 54'03'5r E 272.92 25 105.00 16.56'32- 159.33 12 21 23 S 5224.00'E 115.41 29 S 5521'15'E 72.03 / 30 S 00'47'36-W 72.32 11 22 10 0 1'=100' 100 ( (N FEET ) 9 23 ti 8 y _ 24 �• B-3 DEC 2,f-1997 CITY OF RENTON CI T Y OF RENTON PLANNINGBUILDING/PUBLIC WORKS Engineering Dept. MEMORANDUM DATE: December 24, 1997 TO: Larry Warren FROM: Gregg Zimmerman G SUBJECT: Opus Northwest Correction of Drainage Channel Easement This memo is to record my understanding as to your approval as to legal form of the Drainage Channel Easement amendment. On December 24, 1997 I read this amendment to you over the phone and we discussed the provisions. In response to your questions, Tom Boyns has stated in the attached memo that we feel the survey is correct in all respects. We also feel confident that the National Resource Conservation Service will be supportive of the revisions to the channel that will be necessitated by the encroachment of the emergency access road. Thank you. cc: Ron Straka Scott Woodbury Tom$oyac HAW W60D011MEMO.DOT\bh CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: December 23, 1997 TO: Gregg Zimmerman FROM: Tom Boyns, X 6209 SUBJECT: OPUS NORTHWEST ISSUE SPRINGBROOK INDUSTRIAL CENTER We have been requested by Deborah Berg, attorney for Opus, of Tousley Brain PLLC, to expedite the Mayor's acceptance of the easement amendment and the Agreement to amend the City's drainage channel easement. Both original documents are attached with the record of survey showing the Opus encroachment onto the City easement rights. I have also attached a copy of Larry Warren's memo to us approving the amendment form. He questions the building encroachment issue which is addressed to the satisfaction of the Surface Water Utility staff Scott Woodbury and Ron Straka, Supervisor. Opus has provided a copy of their bond for$50,000 as listed in the amendment agreement. We have discussed the issue with Mr. Steadman and believe his survey is clearly correct in all respects. We concur with his belief that the construction staking was done from the monument at the southeast corner of the Opus property as if the monument were the property corner and not offset by 9.69 feet-please refer to page one of the record of survey. We have reviewed the legal description as requested by Mr.Warren. We have found no error. We have included the original Easement Agreement for the new correct water easement. This form does not require signature by the City. Opus will send a messenger to pick up the entire package to have it recorded. This should be included in the package. The accompanying memo to the Mayor can be modified to suit the purpose. The Mayor may not be available but Wanda Britts has arranged for Kathy Koelker-Wheeler to come in and sign acceptance if necessary. Deborah Berg, or Stephen Day of Tousley Brain will probably call to expedite our handling of this information. Larry Warren reported that he will not be in until Monday which is not early enough to meet Opus' needs. Larry's remaining concerns are over the conditions in the Agreement to Amend Drainage Channel Easement which he has not seen. I have left a full copy for him in his office. f 500 } -1-Al 200o opt) Ve�� 75 � (,acts/ 0 t,.a" . �� U) o O 0 rn = N S 02'46'03" W Z m U U W ) 1327.46' w a Q Lli Q Q Z o tL (n / I i I 50 25 0 50 100 GRAPHICAL SCALE; 1" = 50' X o ? J N W Z moo Li! ZZm W ----- / Z < 25 25 n N Wj 3 CL z Z , �� / I QN Nr•) O i I W C'V U Z Y l I I I CD I CD2C' PIPELINE EASEMENT PER � K.C. REC. 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