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HomeMy WebLinkAboutSWP272330(1) (2) Gravel Pit Surface Water Utility Billing Summary 28-Aug-14 Cust.# Ref.# Customer Lot Size a� Lot Size 5f Imperv.sf Impv.% Gravel Pit Commercial Int. Delta Rate 015158-000 R800376 Segale Properties 14.44 629,006.00 165,300.00 26% $ 1,824.78 $ 907.70 LI $ (917.08) 019965-000 R800601 Stoneway Rock and Recycling 15.39 670,340.00 368,687.00 55% $ 1,944.83 $ 1,398.49 MI $ (546.34) 019966-000 R800602 Stoneway Rock and Recycling 4.68 203,890.00 164,656.00 81% $ 591.41 $ 548.54 HI $ (42.87) 019967-000 R800603 Stoneway Rock and Recycling 3.48 151,542.00 123,274.00 81% $ 439.77 $ 407.89 HI $ (31.88) 019968-000 R800604 Stoneway Rock and Recycling 3.58 155,945.00 116,740.00 75% $ 452.40 $ 325.31 MI $ (127.09) 019969-000 R800605 Stoneway Rock and Recycling 4.59 200,028.00 123,350.00 62% $ 581.30 $ 417.09 MI $ (164.21) 019970-000 R800606 Stoneway Rock and Recycling 3.56 155,070.00 111,078.00 72% $ 449.88 $ 323.50 MI $ (126.38) 019971-000 R800607 Stoneway Rock and Recycling 2.92 1 127,200.00 1 83,199.00 65% $ 369.00 $ 265.34 MI $ (103.66) Monthly I Totals: I $ 6,653.37 $ 4,593.87 - $(2,059.50) 2014 Gravel Pit Rate: $126.37/month Annual Totals: $ 79,840.44 $55,126.40 1 1($24,714.04) >_014 Low Intensity Rate: $62.86/month Medium Intensity Rate: $90.87/month High Intensity Rate $117.21/month y O PLANNING/BUILDING/ �, �- , PUBLIC WORKS DEPARTMENT M E M O R A N D U M RECEIV D DATE: May 22, 2006 MAY 2 3 2006 TO: Kathy Keolker, MayorCITY RENTON FROM: Gregg ZimmermanVinistrator UTILITDY SYSTEMS STAFF CONTACT: Ron Straka, Surface Water Utility Supervisor(ext. 7248) Allen Quynn, Surface Water Engineer(ext. 7247) SUBJECT: Amendment to Temporary Easement for Surface Water Drainage Overflow and Agreement Attached for your execution is one original amendment to an existing agreement with La Pianta LLP (Segale)to allow the City to temporarily use Segale's property as an overflow during extreme storm events when the City storm system is unable to adequately convey the runoff and would result in flooding of the adjacent roadway(Monroe Avenue NE). As the expiration date on the agreement is May 31, 2006, the amendment is needed to extend the agreement until July 31, 2011. The amendment also changes the grantor's right to terminate the easement under Section 11. As currently written, the City must remove all drainage improvements within 30 days of receiving written notice of termination from the grantor. This amendment now gives the City 18 months from written notice before all improvements must be removed. All other conditions of the agreement remain the same. Segale's property, also known as the Upper Balch Pit, is located on the south side of Monroe Avenue NE. The storm overflow is located just south of McDonald's Restaurant at the southwest corner of NE 4t' Street and Monroe Avenue NE (map attached). The original agreement was approved by Council and signed by the Mayor in 1996 (attached). The amendment requires no expenditure of City funds and involves relatively minor changes to the agreement. The City Attorney has approved the amendment as to legal form (memo attached). Please return the signed agreement to Allen Quynn, Surface Water Engineer. He will forward it to Segale for their signature and recording. Attachments cc: Lys Hornsby,Utility Systems Director H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\Segale Easement\Mayor signature memo.doc\AGtp Return Address La Pianta LLC P.O. Box 88028 Tukwila, WA 98138 Attn: Jacek Pawlicki Document Title(s) (or transactions contained therein): Amendment to Temporary Easement for Surface Water Drainage Overflow and Agreement Reference Number(s) of Documents assigned or released: (on page _ of documents(s)) Grantor(s) (Last name first, then first name and initials): 1 . La Pianta LLC 2. City of Renton Grantee(s) (Last name first, then first name and initials): 1 . La Pianta LLC 2. City of Renton Legal description (abbreviated: i.e. lot, block, plat or section, township, range) PORTION OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 5 �X Full legal is on page 7 of document. Assessor's Property Tax Parcel/Account Number 1623059059 AMENDMENT TO TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT THIS AMENDMENT TO TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT (the "Amendment") is made and entered into this day of , 2006, by and between La Pianta LLC, a Washington limited liability company, as successor by merger with La Pianta Limited Partnership ("Grantor"), and the City of Renton, a municipal corporation ("Grantee"). RECITALS A. Grantor and Grantee entered into that certain Temporary Easement for Surface Water Drainage Overflow and Agreement, dated November 21 , 1996 and recorded December 12, 1996 as Instrument No. 9612120153 in the records of King County, State of Washington (the "Agreement"), pursuant to which Grantor granted to Grantee certain rights for the conveyance and discharge of surface water over Grantor's property, which is more particularly described in Exhibit A attached hereto. Capitalized terms used in this Amendment shall have the same meanings given them in the Agreement unless the context requires otherwise. B. Grantor and Grantee desire to amend the Agreement on the terms and conditions set forth in this Amendment. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth in this Amendment and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. Amendments to the Easement 1.1 Term of the Agreement The Agreement is hereby amended by deleting Section 3 in its entirety and substituting the following therefor: 3. TERM OF EASEMENT. This Easement shall commence as of the date hereof and shall be coterminous with Special Use Amendment to Temporary for Surface Water Drainage Overflow and Agreement PAGE 1 5/5/06 Permit No. SP-92-174, and be automatically extended to be coterminous with any subsequent issued Special Use Permit authorizing Grantor to continue to fill Grantor's property provided that such subsequently issued Special Use Permit contains substantially the same rights as are granted under SP-92-174, and provided further that this Easement shall in any event terminate and expire on July 31 , 2011 , or on such sooner date as improvements have been made to Grantee's existing storm sewer system such that the need for the Temporary Overflow System and this easement is obviated. Under no circumstances shall this easement become permanent. Upon Grantor's request, Grantee shall execute and deliver to Grantor an instrument in recordable form quit claiming and releasing to Grantor all rights and reaffirming the survival of Grantee's obligations hereunder. a. In the event Grantor receives a Special Use Permit subsequent to Special Use Permit No. SP-92-174, authorizing Grantor to continue to fill Grantor's property, this Easement and the Agreement shall be deemed immediately amended to provide that Grantee shall assume full responsibility for all conditions imposed on Grantor in the process of obtaining said permit which relate to or arise out of the rights granted to Grantee hereunder, or to storm water monitoring and sampling and testing of storm water on Grantor's property. At Grantor's request, Grantee shall execute an amendment to this Easement and Agreement setting forth Grantor's obligations arising out of such subsequently issued permit. 1.2 Right to Terminate The Agreement is hereby amended by deleting Section 11 in its entirety and substituting the following therefor: 11 . GRANTOR'S RIGHT TO TERMINATE EASEMENT RIGHTS. This Easement shall terminate upon completion of Grantor's filling operations or at Grantor's desire, upon written notice from Grantor to Grantee advising of the date on which the Easement shall terminate ("Termination Date"), which date shall be no sooner than eighteen (18) months from the date of Grantor's notice. On or before the Termination Date, Grantee shall remove any and all Improvements and shall restore Amendment to Temporary for Surface Water Drainage Overflow and Agreement PAGE 2 5/5/06 Grantor's property to its condition as of the date hereof. Upon expiration or termination of this Easement, Grantee covenants and agrees to remove any and all contaminants, solid materials, silts, sediments and/or any other materials (excepting only Permitted Drainage), which have been deposited onto Grantor's property during the term of the Easement. Grantee's obligations to restore Grantor's property, remove other than Permitted Drainage therefrom, and to indemnify and hold Grantor harmless from claims or damages relating to Grantee's exercise of its rights or performance of its obligations hereunder shall survive the expiration or termination of this Easement. 1.3 Notices The notice information for both parties set forth in Section 12 of the Agreement is hereby amended as follows: GRANTOR: LA PIANTA LLC P.O. Box 88028 Tukwila, Washington 98138 Attn: Jacek Pawlicki GRANTEE: CITY OF RENTON 1055 S. Grady Way Renton, Washington 98055 Attn.- Administrator of Planning, Building and Public Works 2. No Other Changes and Integration In all other respects, the Agreement, except as amended by this Amendment, is ratified and confirmed and shall remain without change. Additionally, it is expressly understood and agreed that there are no other promises, agreements, conditions, understandings, inducements, warranties or representations, written, express or implied, between the parties hereto or their employees or agents with respect to this Amendment other than as herein set forth; and no prior agreements, understanding or representations pertaining as to any such matters shall be effective for any purpose. Amendment to Temporary for Surface Water Drainage Overflow and Agreement PAGE 3 5/5/06 IN WITNESS WHEREOF, the parties have entered into this Amendment as of the date and year first above written. GRANTOR: LA PIANTA LLC, a Washington limited liability company, as successor by merger with La Pianta Limited Partnership By: Metro Land Development, Inc., its Manager By: Name: M. A. Segale Its: President GRANTEE: CITY OF RENTON, a Washington corporation By: Name: Its: Attest: Name: Amendment to Temporary for Surfacc Water Drainage Overflow and Agreement PAGE 4 5/5/06 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of , 2006, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared M. A. Segale, to me known to be the person who signed as President of Metro Land Development, Inc., Manager of LA PIANTA LLC, the limited liability company that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said partnership for the uses and purposes therein mentioned, and on oath stated that M. A. Segale was authorized to execute said instrument on behalf of the company. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires: Amendment to I emporary for Surface Water Drainage Overflow and Agreement PAGE 5 5/5/06 STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day of , 2006, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the person who signed as of CITY OF RENTON, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned, and on oath stated that was duly elected, qualified and acting as said officer of the corporation, that was authorized to execute said instrument. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires: Amendment to Temporary for Surface Watcr Drainage Overflow and Agreement PAGE 6 5/5i06 Schedule 1 to Driveway Easement Grantor's Property THE EAST Yz OF THE NORTHEAST % OF THE NORTHWEST Y4 OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., EXCEPT THE NORTH 330 FEET; AND EXCEPT THE EAST 30 FEET CONVEYED TO THE CITY OF RENTON FOR RIGHT-OF-WAY BY DEED RECORDED UNDER RECORDING NO. 7809071074; AND EXCEPT ALL COAL AND MINERAL AND THE RIGHT TO EXPLORE FOR AND MINE THE SAME AS RESERVED BY DEED RECORDED UNDER RECORDING NO. 3875580; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. SUBJECT TO EASEMENT FOR TRANSMISSION LINE RECORDED UNDER AUDITOR'S FILE NO. 2571770 AND EASEMENT FOR TRANSMISSION LINE RECORDED UNDER AUDITOR'S FILE NO. 3425304. Amendment to Temporary for Surface Water Drainage Overflow and Agreement PAGE 7 5/5/06 III �a NF 4th Street r zl f' Monroe Ave NF. McDonald'4 r Greenwood Approx. Cemetery Location of Overflow Segale Property f ' Overflow Location Map WHEN F cr-MED RETURN TO: Office of t:.e c'ly�cleric O A L Renton Municipal Building 200 Mill Avenue South Renton,WA 98055 >Pia ding turn to: ELEC ' 4 5 R +S0S mited Partnership, lichols 8 A 9 138 TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND ' AGREEMENT 7 — Z 3 3<D C7 THIS AGREEMENT, made this 2 V day of `sV'C�c`�1 Y 1996, between V4 La Pianta Limited Partnership, a Washington limited partnership ("Grantor"), and the City of Renton, a municipal corporation ("Grantee"). V4 W WITNESSETH: WHEREAS, over the past several years, accumulations of rainfall during extreme rainfall events, such as on May 16, 1994, have caused surface water to pond and overtop the street curb, run onto property adjacent and to the north of Grantor's property, and into Grantor's property, causing severe erosion to occur; and WHEREAS, Grantee's existing storm sewer system is unable to convey extreme rainfall event storm water volumes quickly enough to prevent pending at the intersection of NE 4th and Monroe Avenue NE, and the resultant erosion; and WHEREAS, Grantee and Grantor anticipate future pending and resultant erosion in the vicinity g of Grantor's property unless measures are taken to modify Grantee's existing storm sewer system; and WHEREAS, Grantee is currently studying the potential methods and means of permanently improving its existing storm sewer system to manage extreme rainfall event storm water so as to avoid ponding and resultant erosion in the vicinity of Grantor's property; and 0 WHEREAS, Grantee desires to construct, operate and maintain a temporary overflow storm drainage system to discharge extreme rainfall event excess storm water runoff to Grantor's property until Grantee has designed and constructed such permanent improvements to its existing storm water system; and WHEREAS, Grantor is willing to permit Grantee to construct, operate and maintain such a temporary overflow storm drainage system under certain terms and conditions; NOW THEREFORE, in consideration of mutual benefits, the parties agree as follows: 1. GRANT OF TEMPORARY EASEMENT. As an accommodation to Grantee, Grantor grants and conveys unto Grantee a temporary easement, over, across, under and through Grantor's property (the a TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT Page I of 8 �q6-o©77 "Easement Area") for the specific purpose set forth below, which easement shall run with the land described herein for a period not to exceed the term hereof. The Easement Area is more particularly described on EXHIBIT "A" attached hereto and incorporated herein by this reference. Grantor's property is more particularly described on EXHIBIT "B" attached hereto and incorporated herein by this reference. 2. PURPOSE. The purpose of this easement shall be to accommodate Grantee's construction, operation and maintenance of a system for conveyance and discharge of certain surface water ("Permitted Drainage") from Grantee's existing storm sewer system onto and into Grantor's private property on a temporary basis (the "Temporary Overflow System"). The Temporary Overflow System shall be designed such that Permitted Drainage shall be conveyed onto and into Grantor's property only under circumstances when Grantee's existing storm sewer system is reasonably expected to overflow, and the conveyance of Permitted Drainage hereunder shall occur only in quantities necessary to prevent overflow of Grantee's existing storm sewer system at the low point thereof located northeasterly of Grantor's property. For purposes of this agreement, "Permitted Drainage" shall mean quantities of storm water accumulating during extreme rainfall events only and which cannot be accommodated by Grantee's existing storm sewer system, excluding solid materials of C,) any kind, contaminated materials, and any other materials which may not properly be placed on or in In Grantor's property pursuant to applicable laws, rules and regulations or permits benefitting Grantor's v property, including Special Use Permit SP-92-174 issued by the City of Renton. N 3. TERM OF EASEMENT. This Easement shall commence as of the date hereof and shall be coterminous with Special Use Permit No. SP-92-174, and shall be automatically extended to be coterminous with any subsequently issued Special Use Permit authorizing Grantor to continue to fill Grantor's property provided that such subsequently issued Special Use Permit contains substantially the same rights as are granted under SP-92-174, and provided further that this Easement shall in any event terminate and expire on May 31, 2006, or on such sooner date as improvements have been made to Grantee's existing storm sewer system such that the need for the Temporary Overflow System and this easement is obviated. Under no circumstances shall this easement become permanent. Upon Grantor's request, Grantee shall execute and deliver to Grantor an instrument in recordable form quit claiming and releasing to Grantor all rights and reaffirming the survival of Grantee's obligations hereunder. a. In the event Grantor receives a Special Use Permit subsequent to Special Use Permit No. SP-92-174, authorizing Grantor to continue to fill Grantor's property,this Easement and Agreement shall be deemed immediately amended to provide that Grantee shall assume full responsibility for all conditions imposed on Grantor in the process of obtaining said permit which relate to or arise out of the rights granted to Grantee hereunder, or to storm water monitoring and sampling and testing of storm water on Grantor's property. At Grantor's request, Grantee shall execute an amendment to this Easement and Agreement setting forth Grantee's obligations arising out of such subsequently issued permit. 4. OBLIGATIONS OF GRANTEE WITH RESPECT TO BASIN STORM SEWER IMPROVEMENTS. Grantee contemplates the design and construction of a storm water system for the Mt. Olivet Sub-Basin of the Lower Cedar River Drainage Basin which Sub-Basin includes Grantor's Property ("Basin Storm Sewer Improvements"). As a material consideration for Grantor's agreement to enter into this Easement and Agreement, Grantee covenants, warrants and agrees that: (a) the Basin Storm Sewer Improvements, shall be sized to accommodate storm water from Grantor's property; and (b) Grantee shall support the acceptance into its Basin Storm Sewer Improvement system, of storm water TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT Page 2 of 8 from Grantor's property, and, subject to applicable surface water ordinances, accept such storm water. Grantee's obligations under this Section 4 shall survive the expiration or termination of this Easement. 5. COVENANTS AND WARRANTIES REGARDING CONSTRUCTION. All construction shall be accomplished by a licensed and bonded contractor and/or City of Renton crews, and Grantee's construction of the Temporary Overflow System necessary to convey and discharge the Permitted Drainage onto Grantor's property shall meet all City of Renton requirements (including City of Renton Ordinance No. 4367, relating to the protection of the Aquifer underlying Grantor's property) and the requirements of any and all other regulatory agencies with jurisdiction,and will in no way restrict, inhibit or interrupt the flow of storm water generated on Grantor's property. a. Improvements Sufficient. Grantee agrees to construct the Temporary Overflow System and to modify it as necessary to accommodate the Grantor's use and filling of Grantor's Property, all at Grantee's sole expense. Grantee warrants that the Temporary Overflow System, in all respects, including any portion which may be constructed or reconstructed on other persons' property, shall be sufficient to prevent ponding and resulting overflow of Grantee's existing storm sewer system in Monroe Avenue N.E. in the vicinity of Grantor's property and any related erosion arising out of extreme rainfall events occurring after completion of construction of the Temporary Overflow System CQ b. Only Permitted Drainage Allowed. Grantee agrees that only Permitted Drainage as 94 defined herein, is authorized to be conveyed and discharged onto Grantor's property. Grantee covenants Nand warrants that it shall use its best efforts to ensure that only Permitted Drainage is conveyed onto Grantor's property through the Temporary Overflow System during the term of this Easement and Agreement. If, despite Grantee's best efforts, substances or materials other than Permitted Drainage are deposited onto or into, or flow onto or into, Grantor's Property, Grantee agrees to remove the same and to restore Grantor's property to its condition prior to such flows and/or disposal. C. Plans and Specifications: Review by Grantor. Grantee agrees to submit a copy of the plans and specifications of Grantee's proposed Temporary Overflow System to Grantor or its representative for approval not later than fifteen (15) days before exercising any of its rights under this Easement and Agreement or entering upon Grantor's property for any purpose in connection with this Easement and Agreement. Grantor shall have the right during such fifteen-day period to review the plans and specifications, and in the event Grantor shall observe a defect therein, it shall notify Grantee prior to the conclusion of said fifteen-day period, and Grantee agrees to take all steps necessary to correct any such defect. For purposes herein, the term "defect" shall mean the failure to observe reasonable and customary construction and engineering standards or any municipal or other regulation. In the event Grantee does not comply with the intents and purposes of this requirement, an entry upon the property, commencement of construction of the Temporary Overflow System contemplated by this Easement and Agreement, or exercise by Grantee of any of its rights under this Easement and Agreement shall be unlawful and shall cause this Easement and Agreement to be null and void. Irrespective of Grantor's actions under this Section, Grantor does not and will not make any covenant or warranty, express or implied, that any such plans or specifications submitted by Grantee are accurate, complete or in any way suited for their intended purpose, or in compliance With this Easement and Agreement. Further, Grantee shall indemnify and hold Grantor harmless from any liability, claim or suit, including attorneys' fees, arising from any injury, damage, cost or loss sustained by persons or property as a result of any defect in design, materials or workmanship. TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT Page 3 of 8 In the event Grantor shall not notify Grantee in writing of any defect or shall not demand the correction of same within said fifteen-day period, Grantee and its representatives may proceed to undertake the construction of the Temporary Overflow System and Agreement and may otherwise exercise its rights under this Easement and Agreement. Silence on the part of Grantor, or acceptance by Grantor of any specifications, however, shall not abridge or eliminate any covenant or warranty herein made by Grantee with respect to the safe operation of the Temporary Overflow System. d. No Warranty concerning Grantor's Property. Grantee understands and agrees that Grantor in no way warrants anything with regard to the suitability of Grantor's property for Grantee's intended use, or of any unobservable subsurface conditions in the vicinity of Grantee's proposed Temporary Overflow System or elsewhere. Grantee acknowledges that Grantor has existing permits to fill Grantor's property. Grantee covenants to defend and hold harmless Grantor for any loss or damage suffered by Grantor or to neighboring property from the use or misuse of Grantor's property, including the Easement Area in the course of Grantee's construction, repair, maintenance and operation of the Temporary Overflow System, including any such damage or loss of soil support, damage or loss to structures, pavement and other improvements and landscaping including plants, shrubs, trees and other vegetation. Grantee likewise covenants to defend and hold harmless Grantor from any such loss or damage arising out of the insufficiency of the Temporary Overflow System. Grantee also covenants to clean up the affected area of Grantor's property after construction and restore said area to the condition existing as of the date of this Easement and Agreement. e. Installation of Monitoring Wells: Monitoring. Grantee shall fulfill the requirements of City of Renton Special Use Permit SP-174-92, if required by the City, as respects the installation of groundwater monitoring wells and water quality sampling and testing to monitor the wells on Grantor's Property. 6. GRANTEE'S RIGHT OF ACCESS. Grantee shall have the right of access over and across the Easement Area to enable Grantee to exercise its rights and fulfill its obligations hereunder, provided,that Grantee shall reasonably compensate Grantor for any damages to any pavement or landscaping located on the Easement Area and for any damage to Grantor's adjacent real property and/or improvements caused by the exercise of such rights of access. Grantee shall also have the right of access over and across Grantor's property for the purpose of trimming and removing the flex pipe which will extend into Grantor's property. Such access shall be provided by Grantor upon prior notice from Grantee or upon Grantor's notice to Grantee that the trimming is required (which notice Grantor may, but shall have no obligation to give), and in any event in accordance with arrangements made between Grantor and Grantee at the time of such notice. 7. GRANTOR'S USE OF THE EASEMENT AREA. Grantor may use the Easement Area for continued placement of fill and for any other purposes not inconsistent with the rights herein granted, provided that Grantor shall not: a. Erect or maintain any buildings or structures within the Easement Area, provided however, that asphalt-paved access roads may be constructed and maintained; b. Develop, landscape,or beautify the Easement Area in any way which would unreasonably increase the costs to Grantee of restoring the Easement Area and any private improvements therein; or TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT Page 4 of 8 C. Blast within fifteen (15) feet of the Easement Area. Grantor reserves all rights with respect to and including the Easement Area and its adjacent real property, including, without limitation, the right to grant easements, licenses and permits to others subject to the rights granted herein. 8. INSURANCE. Grantee shall, at all times during the period when this Easement and Agreement is in effect, keep in full force and effect a policy of Comprehensive or Commercial General Liability Insurance with a Broadening Liability Endorsement with respect to the Easement Area, the Temporary Overflow System, and liabilities and obligations otherwise arising under this Easement and Agreement or applicable to Grantee's exercise of any of its rights hereunder, together with Business Automobile Insurance to include owed, non-owned and hired auto as applicable, all with a combined single limit per occurrence for personal or bodily injury and property damage of not less than Five Million Dollars ($5,000,000.00), or in such greater amounts as Grantee may, from time to time, acquire. The policy shall name Grantee as insured, and Grantor as an additional insured and/or named insured with respect to Grantor's property, as required, and shall contain a clause that the insurer will not cancel or change the insurance without first giving Grantor thirty (30) days' written notice. The insurance shall be provided by an insurance company approved by Grantor and a copy of the policy or a certificate of insurance shall be delivered to Grantor from time to time upon Grantor's request. All liability policies shall be written as primary policies, not contributing with and not in excess of coverage which Grantor may carry. All such insurance shall specifically insure the performance by Grantee of the indemnity agreement as to liability for injury to or death of persons or damage to or destruction of property contained in Section 14 herein, entitled "Grantee's Agreement and Indemnity". Grantee's obligations under Section 14 herein, shall not be construed to have been limited by the amount of insurance required or provided in connection with this Easement and Agreement. 9. OPERATION. MAINTENANCE AND REPAIR BY GRANTEE. Grantee covenants and agrees to operate, maintain and repair its existing storm sewer system in Monroe Avenue N.E. and N.E. 2nd Street and its associated infiltration system in a first class manner, and shall clean out and remove accumulated sediments from such system on a regular basis to keep to a minimum the need to allow storm water from Grantee's existing storm sewer system to enter onto Grantor's property. Grantee hereby covenants and agrees to pay all costs of maintenance, repair, and reconstruction of any portion of Grantee's storm sewer system, including the Temporary Overflow System, upon Grantor's property. 10. GRANTOR'S RIGHT TO TEMPORARILY SUSPEND EASEMENT RIGHTS. In the event: (a) Grantee's use of the Temporary Overflow System shall, in Grantor's judgment, impair or restrict Grantor's use and/or filling of Grantor's Property; or (b) Grantor's Property no longer has sufficient capacity to accommodate Permitted Drainage, Grantee shall, at Grantor's request, suspend Grantee's rights under this Easement and Agreement until such time as Grantor gives Grantee written notice that Grantee may resume use of Grantor's Property hereunder. During such suspension of rights, Grantee shall continue water quality sampling and testing as described herein and all of Grantee's other obligations hereunder, including those described in Section 3.a above, shall continue in full force and effect. 11. GRANTOR'S RIGHT TO TERMINATE EASEMENT RIGHTS. This Easement shall terminate upon completion of Grantor's filling operations or at Grantor's desire, upon written notice from Grantor to Grantee advising of the date on which the Easement shall terminate ("Termination Date"). Within thirty (30) days following the Terminate Date, Grantee shall remove any and all Improvements and shall TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT Page 5 of 8 restore Grantor's property to its condition as of the date hereof. Upon expiration or termination of this Easement, Grantee covenants and agrees to remove any and all contaminants, solid materials, silts, sediments and/or any other materials (excepting only Permitted Drainage), which have been deposited onto Grantor's property during the term of this Easement. Grantee's obligations to restore Grantor's property, remove other than Permitted Drainage therefrom, and to indemnify and hold Grantor harmless from claims or damages relating to Grantee's exercise of its rights or performance of its obligations hereunder shall survive the expiration or termination of this Easement. 12. NOTICES. All notices under this Easement and Agreement shall be in writing and delivered in person or sent by registered or certified mail: to Grantor and Grantee at the address indicated in this Section 12; or such other addresses as may from time to time be designated by such party in writing. Notices delivered shall be deemed given when received and notices mailed as aforesaid shall be deemed given on the date of such mailing. GRANTOR: GRANTEE: LA PIANTA LIMITED PARTNERSHIP CITY OF RENTON P. O. Box 88050 200 Mill Avenue South Tukwila, Washington 98138 Renton, Washington 98055 ATTN: Ann Nichols ATTN: Gregg Zimmerman, Administrator,Planning,Building and Public Works 13. RELEASE OF RESTRICTIVE COVENANT. Grantee is in the process of designing Basin Storm Sewer Improvements as defined herein. Grantee covenants and agrees that the Basin Storm Sewer Improvements will be sufficient at the time of installation of the Basin Storm Sewer Improvements to: (a) manage future storm water from Grantor's property (whether developed or undeveloped); (b) cause the Temporary Overflow System to be or continue to be unnecessary; and (c)resolve the concerns which gave rise to the imposition of that certain Restrictive Covenant dated April 18, 1983 and recorded against Grantor's property, under Ding County Auditor's File No. 8306090718. Grantee shall notify Grantor in writing when the Basin Storm Sewer Improvements have been completed. As a material consideration for Grantor's agreement to enter into this Easement and Agreement, Grantee covenants and warrants that Grantee shall use its best efforts to secure in writing a finding by the City of Renton Hearing Examiner that said Restrictive Covenant is no longer necessary and that Grantor and Grantee shall execute and record an appropriate legal instrument terminating said Restrictive Covenant and releasing the same of record. Such finding and legal instrument shall be delivered to Grantor in writing on the earlier of: (a) thirty(30)days following receipt of written notice from Grantor advising that Grantor's filling operations on Grantor's property are completed; or(b)thirty(30) days following the date on which the Basin Storm Sewer Improvements are completed. 14. GRANTEE'S AGREEMENT AND INDEMNITY. As a material consideration of Grantor granting this Easement and entering into this Easement and Agreement, Grantee released, indemnifies and promises to defend and save harmless Grantor, its, agents and employees, from and against any and all liability,losses,costs, damages, expenses, actions and/or claims, including but not limited to those arising out of damage or destruction of property, injury to or death of persons, and environmental contamination and any and all costs associated with environmental cleanup, including costs and fees of experts, and reasonable attorneys' fees, alleged or arising out of Grantee's exercise of its rights or performance of its TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT Page 6 of 8 obligations under this Easement and Agreement. Grantee shall not be required to indemnify Grantor against liability for any portion of the damages (if any) caused by or resulting from the sole negligence of Grantor. By accepting and recording this easement, Grantee does hereby agree to all provisions contained in this instrument. 15. ASSIGNMENT. This Easement and Agreement and any and all rights granted hereunder are personal to Grantee and shall not be assigned or otherwise transferred, in whole or in part, by any mechanism whatsoever or for any purpose whatever. 16. BINDING EFFECT. This Easement and Agreement shall be binding upon the parties, their heirs, successors in interest and assigns. Grantor covenants that it is the lawful owner of the subject property and has a good and lawful right to execute--this Easement and Agreement. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. G GRANTOR: Cat LA PIANTA LIMITED PARTNERSHIP, a Washington limited partnership By: Metro Land Development, Inc., a Washington corporation, its General Partner Bv• _ M. A. egale, President GRANTEE: CITY OF RENTON, a Washingtonm • tcorporation By: Jesse Tanner Its: a or Attest: Gr✓ Marilyn Wer& TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT Page 7 of 8 STATE OF WASHINGTON ) ) Ss. COUNTY OF KING ) On this ZI ter- day of K\ovr=rr,gsy_ , 199(,, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared M. A. Segale, to me known to be the person who signed as President of Metro Land Development, Inc., the corporation acting as general partner of La Pianta Limited Partnership,a Washington limited partnership, that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of Metro Land Development, Inc. as general partner, and of La Pianta Limited Partnership, for the uses and purposes therein mentioned; and on oath stated that he was duly elected, qualified and acting as said officer or the corporation and that he was authorized to execute the said instrument on behalf of Metro Land Development, Inc. and that the seal affixed, if any, is the corporate seal of the corporation, and that the corporation was authorized to execute said instrument on behalf of La Pianta Limited Partnership. IN 'V%5 OF I have hereunt set my hand and official seal the day and year first above 1 G s "G c d'cat t} Cole «4"�OTARYM• / Signature of Not ' s • � G,e.6��,e. L. C�..l t cz Print or stamp name of Notarys ' .``� ` •`"�' Notary Public in and for the State of Washington, ., ®'' residing at .F Vv Asy 4 � �,4�•. My commission expires STATE OFASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Jesse Tanner & Marilyn Peterson are the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the Mayor and City Clerk, respectively of Renton. a Washington municipal corporation to be the free and voluntary act of such corporation for the uses and purposes mentioned in the instrument. Dated: OGTo3e-te_ 7-1, r S gnatur of Notary LIY4 5' -j57)o ew S Print or Stamp Name of Notary Notary Public in and for the State of Washington, residing at a_MMN My commission expires /O -/9-9 7 TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT Page 8 of 8 EXHIBIT "A" Easement Area Sketch Ma 011 to - - - --- ---- - - - �� � 4 AP.cci Legal Description A strip of land fifteen (15) feet in width having seven and one-half(7.5) feet of such width on each side of the Q following described centerline: n) Beginning at the NE corner of the East 1h of the NEIA of the NW'A of Section 16, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington, except the North 330 feet and except the East 30 feet; thence South along the East line of said parcel 310 feet to the True Point of Beginning of the centerline; thence westerly perpendicular to the East line of said parcel, 42 feet, more or less, to the terminus of the centerline. EXHIBIT "A" TO TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT EXHIBIT "B" Grantor's Property THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16,TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., EXCEPT THE NORTH 330 FEET; AND EXCEPT THE EAST 30 FEET CONVEYED TO THE CITY OF RENTON FOR RIGHT-OF- WAY BY DEED RECORDED UNDER RECORDING NO. 7809071074; AND EXCEPT ALL COAL AND MINERALS AND THE RIGHT TO EXPLORE FOR AND MINE THE SAME AS RESERVED BY DEED RECORDED UNDER RECORDING NO. 3875580; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. SUBJECT TO: EASEMENT FOR TRANSMISSION LINE RECORDED UNDER AUDITOR'S FILE NO. 2571770 AND EASEMENT FOR TRANSMISSION LINE RECORDED UNDER AUDITOR'S FILE NO. 3425304. C7 11) �-i O t0 EXHIBIT "B"TO TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT Uti�Y o� CITY OF RENTON + �- + Office of the City Attorney Kathy Keolker,Mayor Lawrence J.Warren �Ivo Senior Assistant City Attorneys Mark Barber Zanetta L.Fontes Assistant City Attorneys Ann S.Nielsen Garmon Newsom II Shawn E. Arthur MEMORANDUM RECEIVE To: Allen Quynn, Surface Water Engineer MAY 1 1 2006 From: Lawrence J. Warren, City Attorney 03ITY OF RENTON UTILITY SYSTEMS Date: May 10, 2006 Subject: Amendment to Temporary Easement for Surface Water Drainage Overflow and Agreement The amendment to the temporary easement for surface water drainage overflow and agreement is approved as to legal form. a Lawrence . Warren LJW:tmj cc: Jay Covington Ron Straka Gregg A. Zimmerman, PE Post Office Box 626-Renton, Washington 98057-(425)255-8678/FAX(425)255-5474 RENTON ®This paper contains 50%recycled material,30%post consumer AHEAD OF THE CURVE T PLANNINGBUILDING/ PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE: May 5, 2006 TO: Larry Warren, City Attorney FROM: Allen Quynn, Surface Water Engineer(ext. 7247) "N SUBJECT: Amendment to Temporary Easement for Surface VGter Drainage Overflow and Agreement Please review and approve as to legal form the attached draft amendment to the recorded drainage easement and agreement between the City and Segale. The purpose of the agreement is to allow the City to temporarily use Segale's property as an overflow during extreme storm events when the City storm system is unable to adequately convey the runoff,resulting in flooding of the adjacent roadway(intersection of NE 4 h and Monroe Ave.NE). In Section 3 of the agreement, the easement is set to expire on May 31, 2006, so we need to amend the agreement and extend the termination date to July 31, 2011. The draft amendment has been prepared by Segale's legal council and reflects the changes requested by the City's Surface Water staff. In addition to the revised expiration date, the amendment also changes the grantor's right to terminate the easement under Section 11. As currently written, the City must remove all drainage improvements within 30 days of receiving written notice of termination from Segale. The draft amendment language now gives the City 18 months from written notice before all improvements must be removed. All other conditions of the agreement remain the same. After receiving legal approval, the amendment will be forwarded to the City Clerk for the Mayor signature. Since this is only an amendment with relatively few changes to an existing agreement previously approved by the Council, it is assumed that Council approval of the amendment will not be necessary. Please indicate whether you concur with this approach. Attachments cc: Ron Straka, Surface Water Utility Supervisor H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\Segale Easement\attorney memo.doc\AQtp 1-7Z)Oj11tjsjY\ Return Address La Pianta LLC P.O. Box 88028 Tukwila, WA 98138 Attn: Jacek Pawlicki le- Document Title(s) (or transactions contained therein): Amendment to Temporary Easement for Surface Water Drainage Overflow and Agreement Reference Number(s) of Documents assigned or released: (on page _ of documents(s)) Grantor(s) (Last name first, then first name and initials): 1 . La Pianta LLC 2. City of Renton Grantee(s) (Last name first, then first name and initials): 1. La Pianta LLC 2. City of Renton Legal description (abbreviated: i.e. lot, block, plat or section, township, range) PORTION OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 5 OX Full legal is on page 7 of document. Assessor's Property Tax Parcel/Account Number 1623059059 AMENDMENT TO TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT THIS AMENDMENT TO TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT (the "Amendment") is made and entered into this day of , 2006, by and between La Pianta LLC, a Washington limited liability company, as successor by merger with La Pianta Limited Partnership ("Grantor"), and the City of Renton, a municipal corporation ("Grantee"). RECITALS A. Grantor and Grantee entered into that certain Temporary Easement for Surface Water Drainage Overflow and Agreement, dated November 21 , 1996 and recorded December 12, 1996 as Instrument No. 9612120153 in the records of King County, State of Washington (the "Agreement"), pursuant to which Grantor granted to Grantee certain rights for the conveyance and discharge of surface water over Grantor's property, which is more particularly described in Exhibit A attached hereto. Capitalized terms used in this Amendment shall have the same meanings given them in the Agreement unless the context requires otherwise. B. Grantor and Grantee desire to amend the Agreement on the terms and conditions set forth in this Amendment. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth in this Amendment and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows- 1. Amendments to the Easement 1.1 Term of the Agreement The Agreement is hereby amended by deleting Section 3 in its entirety and substituting the following therefor: 3. TERM OF EASEMENT. This Easement shall commence as of the date hereof and shall be coterminous with Special Use Amendment to Temporary for Surface Water Drainage Overflow and Agreement PAGE 1 5/5/06 Permit No. SP-92-174, and be automatically extended to be coterminous with any subsequent issued Special Use Permit authorizing Grantor to continue to fill Grantor's property provided that such subsequently issued Special Use Permit contains substantially the same rights as are granted under SP-92-174, and provided further that this Easement shall in any event terminate and expire on July 31 , 2011 , or on such sooner date as improvements have been made to Grantee's existing storm sewer system such that the need for the Temporary Overflow System and this easement is obviated. Under no circumstances shall this easement become permanent. Upon Grantor's request, Grantee shall execute and deliver to Grantor an instrument in recordable form quit claiming and releasing to Grantor all rights and reaffirming the survival of Grantee's obligations hereunder. a. In the event Grantor receives a Special Use Permit subsequent to Special Use Permit No. SP-92-174, authorizing Grantor to continue to fill Grantor's property, this Easement and the Agreement shall be deemed immediately amended to provide that Grantee shall assume full responsibility for all conditions imposed on Grantor in the process of obtaining said permit which relate to or arise out of the rights granted to Grantee hereunder, or to storm water monitoring and sampling and testing of storm water on Grantor's property. At Grantor's request, Grantee shall execute an amendment to this Easement and Agreement setting forth Grantor's obligations arising out of such subsequently issued permit. 1.2 Right to Terminate The Agreement is hereby amended by deleting Section 11 in its entirety and substituting the following therefor: 11 . GRANTOR'S RIGHT TO TERMINATE EASEMENT RIGHTS. This Easement shall terminate upon completion of Grantor's filling operations or at Grantor's desire, upon written notice from Grantor to Grantee advising of the date on which the Easement shall terminate ("Termination Date"), which date shall be no sooner than eighteen (18) months from the date of Grantor's notice. On or before the Termination Date, Grantee shall remove any and all Improvements and shall restore Amendment to"Temporary for Surface Water Drainage Overflow and Agreement PAGE 2 5/i/06 Grantor's property to its condition as of the date hereof. Upon expiration or termination of this Easement, Grantee covenants and agrees to remove any and all contaminants, solid materials, silts, sediments and/or any other materials (excepting only Permitted Drainage), which have been deposited onto Grantor's property during the term of the Easement. Grantee's obligations to restore Grantor's property, remove other than Permitted Drainage therefrom, and to indemnify and hold Grantor harmless from claims or damages relating to Grantee's exercise of its rights or performance of its obligations hereunder shall survive the expiration or termination of this Easement. 1.3 Notices The notice information for both parties set forth in Section 12 of the Agreement is hereby amended as follows.- GRANTOR: LA PIANTA LLC P.O. Box 88028 Tukwila, Washington 98138 Attn: Jacek Pawlicki GRANTEE: CITY OF RENTON 1055 S. Grady Way Renton, Washington 98055 Attn- Administrator of Planning, Building and Public Works 2. No Other Changes and Integration In all other respects, the Agreement, except as amended by this Amendment, is ratified and confirmed and shall remain without change. Additionally, it is expressly understood and agreed that there are no other promises, agreements, conditions, understandings, inducements, warranties or representations, written, express or implied, between the parties hereto or their employees or agents with respect to this Amendment other than as herein set forth; and no prior agreements, understanding or representations pertaining as to any such matters shall be effective for any purpose. Amendment to Temporary for Surface Water Drainage Overflow and Agreement PAGE 3 5/5/06 IN WITNESS WHEREOF, the parties have entered into this Amendment as of the date and year first above written. GRANTOR: LA PIANTA LLC, a Washington limited liability company, as successor by merger with La Pianta Limited Partnership By:Metro Land Development, Inc., its Manager By: Name: M. A. Segale Its: President GRANTEE: CITY OF RENTON, a Washington corporation By: Name: Its: Attest: Name: Amendment to Temporary for Surface Water Drainage Overflow and Agreement PAGE 4 5/5/06 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of 2006, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared M. A. Segale, to me known to be the person who signed as President of Metro Land Development, Inc., Manager of LA PIANTA LLC, the limited liability company that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said partnership for the uses and purposes therein mentioned, and on oath stated that M. A. Segale was authorized to execute said instrument on behalf of the company. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires: Amendment to Temporary for Surface Water Drainage Overflow and Agreement PAGE 5 5/5/06 STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day of , 2006, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the person who signed as of CITY OF RENTON, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned, and on oath stated that was duly elected, qualified and acting as said officer of the corporation, that was authorized to execute said instrument. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires: Amendment to Temporary for Surface Water Drainage Overflow and Agreement PAGE 6 5/5/06 Schedule 1 to Driveway Easement Grantor's Property THE EAST Y2 OF THE NORTHEAST Y4 OF THE NORTHWEST '/4 OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., EXCEPT THE NORTH 330 FEET; AND EXCEPT THE EAST 30 FEET CONVEYED TO THE CITY OF RENTON FOR RIGHT-OF-WAY BY DEED RECORDED UNDER RECORDING NO. 7809071074; AND EXCEPT ALL COAL AND MINERAL AND THE RIGHT TO EXPLORE FOR AND MINE THE SAME AS RESERVED BY DEED RECORDED UNDER RECORDING NO. 3875580; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. SUBJECT TO EASEMENT FOR TRANSMISSION LINE RECORDED UNDER AUDITOR'S FILE NO. 2571770 AND EASEMENT FOR TRANSMISSION LINE RECORDED UNDER AUDITOR'S FILE NO. 3425304. Amendment to Temporary for Surface Water Drainage Overflow and Agreement PAGE 7 5/5/06 Allen Quynn - RE: Temporary Drainage Easement Amendment Pagel From: "Sue Carlson" <scarlson@segaleproperties.com> To: "Allen Quynn" <aquynn@ci.renton.wa.us> Date: 4/5/2006 4:30:56 PM Subject: RE: Temporary Drainage Easement Amendment Allen -Thanks for the reminder! Slipped my mind. I am cc Mark Hancock from our office this e-mail who will be handling the details. As I remember my conversation with Ron, we both felt that it may be mutually beneficial to extend the agreement for 5 years to 2011 and then together come up with some language about the amount of time that the City would need if notified by La Pianta that it wanted to terminate the easement. think Ron said that 18 months would give the city the time to complete the design, get a contractor selected and make the improvements to the stormwater system so the easement would not be necessary. I may be mistaken about exactly how much time would be needed. Other than that think its pretty straight forward. I am sure that Mark Hancock will be in touch with you soon. Thanks again for following up. Sue -----Original Message----- From: Allen Quynn [mailto:aquynn@ci.renton.wa.us] Sent: Wednesday, April 05, 2006 4:14 PM To: Sue Carlson Subject: Temporary Drainage Easement Amendment Hello Sue, Was just following up on the amendment to the drainage overflow temporary easement/agreement. The agreement expires May 31 so it would be good to start working on the amendment language. Let me know how you want to proceed. Thanks, Allen CC: "Mark Hancock" <mhancock@segaleproperties.com> 3 9 b - a v1.3 d 0UU Allen Quynn - RE: Temporary Easement for Surface Water DrQ-nage�Overflow andAgreement Amendment Page 1 3 From: "Sue Carlson" <scarlson@segaleproperties.com> To: "Allen Quynn" <aquynn@ci.renton.wa.us> Date: 3/9/2006 11:16:08 AM Subject: RE: Temporary Easement for Surface Water Drainage Overflow andAgreement Amendment Allen -Thanks for the message. I'll take a look at the agreement again and give you a call. Sue -----Original Message----- From: Allen Quynn [mailto:aquynn@ci.renton.wa.us] Sent: Thursday, March 09, 2006 10:35 AM To: Sue Carlson Subject: Temporary Easement for Surface Water Drainage Overflow andAgreement Amendment Hi Sue: Ron Straka has asked me to work with you on an amendment to the drainage overflow temporary easement/agreement between the City and Segale. Please call me to discuss a strategy. I could work with the City attorney to draft an amendment for your review or you could take a first cut at it. Thanks, Allen Quynn, Project Manger, P.E. City of Renton Surface Water Utility 425-430-7247 • t%R coPy CITY OF RENTON Planning/Building/PublicWorks Department Kathy Wheeler, Mayor Gregg Zimmerman P.E.,Administrator December 5, 2005 Ann Nichols Segale Properties PO Box 88028 Tukwila, WA 98188-4798 VIA Facsimile: (206) 575-1837 SUBJECT: TEMPORARY DRAINAGE EASEMENT (KING COUNTY RECORDING NO. 9612120153) Dear Ms. Nichols: This letter is in response to your request for confirmation of the status of the temporary overflow storm drainage system on the Upper Balch Pit property, located south of NE 4th Street and west of Monroe Avenue NE (Parcel No. 1623059059). The City of Renton confirms that the temporary overflow storm drainage system into the Segale Balch Pit property is still in place and is expected to remain in place for the foreseeable future. The temporary easement for surface water drainage overflow, as agreed to between the City of Renton and La Pianta Limited Partnership, is needed through the term of the agreement, which expires on May 31, 2006. The City of Renton Surface Water Utility also is interested in amending the temporary easement to extend the duration until 2011 or beyond. Please contact Ron Straka, Surface Water Utility Engineering Supervisor at (425) 430- 7248 if you need further assistance and to discuss extending the duration of the temporary drainage easement. Sincerely, Vsby, Lys Hor P.E. Utility Systems Director cc: Ron Straka, P.E., Surface Water Utility Supervisor HAFile Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2922 NE 2nd Street Storm Line Extension Proiect\1500 Easements\2005 balchpiit storm easement.docRSIV R E N T V(� N 1055 South Grady Way-Renton,Washington 98055 ®This paper contains 50%recycled material,30%post consumer AHEAD OF THE CURVE WHEN ,n RETURN TO: Office of C. y clerk ORIGI N AL Renton Municipal Building 200 Mill Avenue South Renton,WA 98055 er recording turn to: turn J 4 3 La Pi Xamited Partnership, c/o i c/o A ichols P 0 x 88 Tu ila WA 9 .138 TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT THIS AGREEMENT, made this 2 i S-\- - day of 1996, between V4 La Pianta Limited Partnership, a Washington limited partnership ("Grantor"), and the City of Renton, a municipal corporation ("Grantee"). V4 CQ WITNESSETH: V4 W WHEREAS, over the past several years, accumulations of rainfall during extreme rainfall events, such as on May 16, 1994, have caused surface water to pond and overtop the street curb, run onto property adjacent and to the north of Grantor's property, and into Grantor's property, causing severe erosion to occur; and WHEREAS, Grantee's existing storm sewer system is unable to convey extreme rainfall event storm water volumes quickly enough to prevent ponding at the intersection of NE 4th and Monroe Avenue NE, and the resultant erosion; and WHEREAS, Grantee and Grantor anticipate future ponding and resultant erosion in the vicinity of Grantor's property unless measures are taken to modify Grantee's existing storm sewer system; and WHEREAS, Grantee is currently studying the potential methods and means of permanently improving its existing storm sewer system to manage extreme rainfall event storm water so as to avoid ponding and resultant erosion in the vicinity of Grantor's property; and WHEREAS, Grantee desires to construct, operate and maintain a temporary overflow storm drainage system to discharge extreme rainfall event excess storm water runoff to Grantor's property until Grantee has designed and constructed such permanent improvements to its existing storm water system; and WHEREAS, Grantor is willing to permit Grantee to construct, operate and maintain such a temporary overflow storm drainage system under certain terms and conditions; NOW THEREFORE, in consideration of mutual benefits, the parties agree as follows: 0" 1 GRANT OF TEMPORARY EASEMENT. As an accommodation to Grantee, Grantor grants and conveys unto Grantee a temporary easement, over, across, under and through Grantor's property (the TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT Page 1 of 8 =--7 6 "Easement Area") for the specific purpose set forth below, which easement shall run with the land described herein for a period not to exceed the term hereof. The Easement Area is more particularly described on EXHIBIT "A" attached hereto and incorporated herein by this reference. Grantor's property is more particularly described on EXHIBIT "B" attached hereto and incorporated herein by this reference. 2. PURPOSE. The purpose of this easement shall be to accommodate Grantee's construction, operation and maintenance of a system for conveyance and discharge of certain surface water ("Permitted Drainage") from Grantee's existing storm sewer system onto and into Grantor's private property on a temporary basis (the "Temporary Overflow System"). The Temporary Overflow System shall be designed such that Permitted Drainage shall be conveyed onto and into Grantor's property only under circumstances when Grantee's existing storm sewer system is reasonably expected to overflow, and the conveyance of Permitted Drainage hereunder shall occur only in quantities necessary to prevent overflow of Grantee's existing storm sewer system at the low point thereof located northeasterly of Grantor's property. For purposes of this agreement, "Permitted Drainage" shall mean quantities of storm water accumulating during extreme rainfall events only and which cannot be accommodated by Grantee's existing storm sewer system, excluding solid materials of any kind, contaminated materials, and any other materials which may not properly be placed on or in Grantor's property pursuant to applicable laws, rules and regulations or permits benefitting Grantor's 0 property, including Special Use Permit SP-92-174 issued by the City of Renton. 3. TERM OF EASEMENT. This Easement shall commence as of the date hereof and shall be coterminous with Special Use Permit No. SP-92-174, and shall be automatically extended to be coterminous with any subsequently issued Special Use Permit authorizing Grantor to continue to fill .. Ed Grantor's property provided that such subsequently issued Special Use Permit contains substantially the 09 same rights as are granted under SP-92-174, and provided further that this Easement shall in any event terminate and expire on May 31, 2006, or on such sooner date as improvements have been made to Grantee's existing storm sewer system such that the need for the Temporary Overflow System and this easement is obviated. Under no circumstances shall this easement become permanent. Upon Grantor's request, Grantee shall execute and deliver to Grantor an instrument in recordable form quit claiming and releasing to Grantor all rights and reaffirming the survival of Grantee's obligations hereunder. a. In the event Grantor receives a Special Use Permit subsequent to Special Use Permit No. SP-92-174, authorizing Grantor to continue to fill Grantor's property, this Easement and Agreement shall be deemed immediately amended to provide that Grantee shall assume full responsibility for all conditions imposed on Grantor in the process of obtaining said permit which relate to or arise out of the rights granted to Grantee hereunder, or to storm water monitoring and sampling and testing of storm water on Grantor's property. At Grantor's request, Grantee shall execute an amendment to this Easement and Agreement setting forth Grantee's obligations arising out of such subsequently issued permit. 4. OBLIGATIONS OF GRANTEE WITH RESPECT TO BASIN STORM SEWER IMPROVEMENTS. Grantee contemplates the design and construction of a storm water system for the Mt. Olivet Sub-Basin of the Lower Cedar River Drainage Basin which Sub-Basin includes Grantor's Property ("Basin Storm Sewer Improvements). As a material consideration for Grantor's agreement to enter into this Easement and Agreement, Grantee covenants, warrants and agrees that: (a)the Basin Storm Sewer Improvements, shall be sized to accommodate storm water from Grantor's property; and (b) Grantee shall support the acceptance into its Basin Storm Sewer Improvement system, of storm water TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT Page 2 of 8 from Grantor's property, and, subject to applicable surface water ordinances, accept such storm water. Grantee's obligations under this Section 4 shall survive the expiration or termination of this Easement. 5. COVENANTS AND WARRANTIES REGARDING CONSTRUCTION. All construction shall be accomplished by a licensed and bonded contractor and/or City of Renton crews, and Grantee's construction of the Temporary Overflow System necessary to convey and discharge the Permitted Drainage onto Grantor's property shall meet all City of Renton requirements (including City of Renton Ordinance No. 4367, relating to the protection of the Aquifer underlying Grantor's property) and the requirements of any and all other regulatory agencies with jurisdiction, and will in no way restrict, inhibit or interrupt the flow of storm water generated on Grantor's property. a. Improvements Sufficient. Grantee agrees to construct the Temporary Overflow System and to modify it as necessary to accommodate the Grantor's use and filling of Grantor's Property, all at Grantee's sole expense. Grantee warrants that the Temporary Overflow System, in all respects, including any portion which may be constructed or reconstructed on other persons' property, shall be sufficient to prevent ponding and resulting overflow of Grantee's existing storm sewer system in Monroe Avenue N.E. in the vicinity of Grantor's property and any related erosion arising out of extreme rainfall events occurring after completion of construction of the Temporary Overflow System 94 0 b. Only Permitted Drainage Allowed. Grantee agrees that only Permitted Drainage as defined herein, is authorized to be conveyed and discharged onto Grantor's property. Grantee covenants 04 and warrants that it shall use its best efforts to ensure that only Permitted Drainage is conveyed onto !"4 Grantor's property through the Temporary Overflow System during the term of this Easement and Agreement. If, despite Grantee's best efforts, substances or materials other than Permitted Drainage are deposited onto or into, or flow onto or into, Grantor's Property, Grantee agrees to remove the same and to restore Grantor's property to its condition prior to such flows and/or disposal. C. Plans and Specifications: Review by Grantor. Grantee agrees to submit a copy of the plans and specifications of Grantee's proposed Temporary Overflow System to Grantor or its representative for approval not later than fifteen (15) days before exercising any of its rights under this Easement and Agreement or entering upon Grantor's property for any purpose in connection with this Easement and Agreement. Grantor shall have the right during such fifteen-day period to review the plans and specifications, and in the event Grantor shall observe a defect therein, it shall notify Grantee prior to the conclusion of said fifteen-day period, and Grantee agrees to take all steps necessary to correct any such defect. For purposes herein, the term "defect" shall mean the failure to observe reasonable and customary construction and engineering standards or any municipal or other regulation. In the event Grantee does not comply with the intents and purposes of this requirement, an entry upon the property, commencement of construction of the Temporary Overflow System contemplated by this Easement and Agreement, or exercise by Grantee of any of its rights under this Easement and Agreement shall be unlawful and shall cause this Easement and Agreement to be null and void. Irrespective of Grantor's actions under this Section, Grantor does not and will not make any covenant or warranty, express or implied, that any such plans or specifications submitted by Grantee are accurate, complete or in any way suited kl%J-r their intended purpose, or in compliance with this Easement and Agreement. Further, Grantee shall indemnify and hold Grantor harmless from any liability, claim or suit, including attorneys' fees, arising from any injury, damage, cost or loss sustained by persons or property as a result of any defect in design, materials or workmanship. TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT Page 3 of 8 In the event Grantor shall not notify Grantee in writing of any defect or shall not demand the correction of same within said fifteen-day period, Grantee and its representatives may proceed to undertake the construction of the Temporary Overflow System and Agreement and may otherwise exercise its rights under this Easement and Agreement. Silence on the part of Grantor, or acceptance by Grantor of any specifications, however, shall not abridge or eliminate any covenant or warranty herein made by Grantee with respect to the safe operation of the Temporary Overflow System. d. No Warranty concerning Grantor's Property. Grantee understands and agrees that Grantor in no way warrants anything with regard to the suitability of Grantor's property for Grantee's intended use, or of any unobservable subsurface conditions in the vicinity of Grantee's proposed Temporary Overflow System or elsewhere. Grantee acknowledges that Grantor has existing permits to fill Grantor's property. Grantee covenants to defend and hold harmless Grantor for any loss or damage suffered by Grantor or to neighboring property from the use or misuse of Grantor's property, including the Easement Area in the course of Grantee's construction, repair, maintenance and operation of the Temporary Overflow System, including any such damage or loss of soil support, damage or loss to structures, pavement and other improvements and landscaping including plants, shrubs, trees and other vegetation. Grantee likewise covenants to defend and hold harmless Grantor from any such loss or damage arising out of the insufficiency of the Temporary Overflow System. Grantee also covenants to clean up the affected area of Grantor's property after construction and restore said area to the condition existing as of the date of this Easement and Agreement. e. Installation of Monitoring Wells: Monitoring. Grantee shall fulfill the requirements of City of Renton Special Use Permit SP-174-92, if required by the City, as respects the installation of groundwater monitoring wells and water quality sampling and testing to monitor the wells on Grantor's Cat Property. 6. GRANTEE'S RIGHT OF ACCESS. Grantee shall have the right of access over and across the Easement Area to enable Grantee to exercise its rights and fulfill its obligations hereunder, provided, that Grantee shall reasonably compensate Grantor for any damages to any pavement or landscaping located on the Easement Area and for any damage to Grantor's adjacent real property and/or improvements caused by the exercise of such rights of access. Grantee shall also have the right of access over and across Grantor's property for the purpose of trimming and removing the flex pipe which will extend into Grantor's property. Such access shall be provided by Grantor upon prior notice from Grantee or upon Grantor's notice to Grantee that the trimming is required (which notice Grantor may, but shall have no obligation to give), and in any event in accordance with arrangements made between Grantor and Grantee at the time of such notice. 7. GRANTOR'S USE OF THE EASEMENT AREA. Grantor may use the Easement Area for continued placement of fill and for any other purposes not inconsistent with the rights herein granted, provided that Grantor shall not: a. Erect or maintain any buildings or structures within the Easement Area, provided however, that asphalt-paved access roads may be constructed and maintained; b. Develop,landscape,or beautify the Easement Area in any way which would unreasonably increase the costs to Grantee of restoring the Easement Area and any private improvements therein; or TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT Page 4 of 8 C. Blast within fifteen (15) feet of the Easement Area. Grantor reserves all rights with respect to and including the Easement Area and its adjacent real property, including, without limitation, the right to grant easements, licenses and permits to others subject to the rights granted herein. 8. INSURANCE. Grantee shall, at all times during the period when this Easement and Agreement is in effect, keep in full force and effect a policy of Comprehensive or Commercial General Liability Insurance with a Broadening Liability Endorsement with respect to the Easement Area, the Temporary Overflow System, and liabilities and obligations otherwise arising under this Easement and Agreement or applicable to Grantee's exercise of any of its rights hereunder, together with Business Automobile Insurance to include owed, non-owned and hired auto as applicable, all with a combined single limit per occurrence for personal or bodily injury and property damage of not less than Five Million Dollars ($5,000,000.00), or in such greater amounts as Grantee may, from time to time, acquire. The policy shall name Grantee as insured, and Grantor as an additional insured and/or named insured with respect to Grantor's property, as required, and shall contain a clause that the insurer will not cancel or change the insurance without first giving Grantor thirty (30) days' written notice. The insurance shall be C7 provided by an insurance company approved by Grantor and a copy of the policy or a certificate of insurance shall be delivered to Grantor from time to time upon Grantor's request. All liability policies shall be written as primary policies, not contributing with and not in excess of coverage which Grantor 0 may carry. All such insurance shall specifically insure the performance by Grantee of the indemnity agreement as to liability for injury to or death of persons or damage to or destruction of property contained in Section 14 herein, entitled "Grantee's Agreement and Indemnity". Grantee's obligations rG under Section 14 herein, shall not be construed to have been limited by the amount of insurance required or provided in connection with this Easement and Agreement. 9. OPERATION. MAINTENANCE AND REPAIR BY GRANTEE. Grantee covenants and agrees to operate, maintain and repair its existing storm sewer system in Monroe Avenue N.E. and N.E. 2nd Street and its associated infiltration system in a first class manner, and shall clean out and remove accumulated sediments from such system on a regular basis to keep to a minimum the need to allow storm water from Grantee's existing storm sewer system to enter onto Grantor's property. Grantee hereby covenants and agrees to pay all costs of maintenance, repair, and reconstruction of any portion of Grantee's storm sewer system, including the Temporary Overflow System, upon Grantor's property. 10. GRANTOR'S RIGHT TO TEMPORARILY SUSPEND EASEMENT RIGHTS. In the event: (a) Grantee's use of the Temporary Overflow System shall, in Grantor's judgment, impair or restrict Grantor's use and/or filling of Grantor's Property; or (b) Grantor's Property no longer has sufficient capacity to accommodate Permitted Drainage, Grantee shall, at Grantor's request, suspend Grantee's rights under this Easement and Agreement until such time as Grantor gives Grantee written notice that Grantee may resume use of Grantor's Property hereunder. During such suspension of rights, Grantee shall continue water quality sampling and testing as described herein and all of Grantee's other obligations hereunder, including those described in Section 3.a above, shall continue in full force and effect. 11. GRANTOR'S RIGHT TO TERMINATE EASEMENT RIGHTS. This Easement shall terminate--- upon completion of Grantor's filling operations or at Grantor's desire, upon written notice from Grantor to Grantee advising of the date on which the Easement shall terminate ("Termination Date"). Within thirty (30) days following the Terminate Date, Grantee shall remove any and all Improvements and shall TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT Page 5 of 8 restore Grantor's property to its condition as of the date hereof. Upon expiration or termination of this Easement, Grantee covenants and agrees to remove any and all contaminants, solid materials, silts, sediments and/or any other materials (excepting only Permitted Drainage), which have been deposited onto Grantor's property during the term of this Easement. Grantee's obligations to restore Grantor's property, remove other than Permitted Drainage therefrom, and to indemnify and hold Grantor harmless from claims or damages relating to Grantee's exercise of its rights or performance of its obligations hereunder shall survive the expiration or termination of this Easement. 12. NOTICES. All notices under this Easement and Agreement shall be in writing and delivered in person or sent by registered or certified mail: to Grantor and Grantee at the address indicated in this Section 12; or such other addresses as may from time to time be designated by such party in writing. Notices delivered shall be deemed given when received and notices mailed as aforesaid shall be deemed given on the date of such mailing. GRANTOR: GRANTEE: LA PIANTA LIMITED PARTNERSHEP CITY OF RENTON P. O. Box 88050 200 Mill Avenue South Tukwila, Washington 98138 Renton, Washington 98055 ATTN: Ann Nichols ATTN: Gregg Zimmerman, Administrator,Planning,Building and Public Works 13. RELEASE OF RESTRICTIVE COVENANT. Grantee is in the process of designing Basin Storm Sewer Improvements as defined herein. Grantee covenants and agrees that the Basin Storm Sewer Improvements will be sufficient at the time of installation of the Basin Storm Sewer Improvements to: (a) manage future storm water from Grantor's property (whether developed or undeveloped); (b) cause the Temporary Overflow System to be or continue to be unnecessary; and (c)resolve the concerns which gave rise to the imposition of that certain Restrictive Covenant dated April 18, 1983 and recorded against Grantor's property, under King County Auditor's File No. 8306090718. Grantee shall notify Grantor in writing when the Basin Storm Sewer Improvements have been completed. As a material consideration for Grantor's agreement to enter into this Easement and Agreement, Grantee covenants and warrants that Grantee shall use its best efforts to secure in writing a finding by the City of Renton Hearing Examiner that said Restrictive Covenant is no longer necessary and that Grantor and Grantee shall execute and record an appropriate legal instrument terminating said Restrictive Covenant and releasing the same of record. Such finding and legal instrument shall be delivered to Grantor in writing on the earlier of: (a) thirty(30)days following receipt of written notice from Grantor advising that Grantor's filling operations on Grantor's property are completed; or (b) thirty(30) days following the date on which the Basin Storm Sewer Improvements are completed. 14. GRANTEE'S AGREEMENT AND INDEMNITY. As a material consideration of Grantor granting this Easement and entering into this Easement and Agreement, Grantee released, indemnifies and promises to defend and save harmless Grantor, its, agents and employees, from and against any and all liability,losses,costs, damages, expenses, actions and/or claims, including but not limited to those arising out of damage or destruction of property, injury to or death of persons, and environmental contamination and any and all costs associated with environmental cleanup, including costs and fees of experts, and reasonable attorneys' fees, alleged or arising out of Grantee's exercise of its rights or performance of its TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT Page 6 of 8 obligations under this Easement and Agreement. Grantee shall not be required to indemnify Grantor against liability for any portion of the damages (if any) caused by or resulting from the sole negligence of Grantor. By accepting and recording this easement, Grantee does hereby agree to all provisions contained in this instrument. 15. ASSIGNMENT. This Easement and Agreement and any and all rights granted hereunder are personal to Grantee and shall not be assigned or otherwise transferred, in whole or in part, by any mechanism whatsoever or for any purpose whatever. 16. BINDING EFFECT. This Easement and Agreement shall be binding upon the parties, their heirs, successors in interest and assigns. Grantor covenants that it is the lawful owner of the subject property and has a good and lawful right to execute this Easement and Agreement. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above � written. GRANTOR: LA PIANTA LIMITED PARTNERSHIP, a Washington limited partnership C�2 By: Metro Land Development, Inc., a Washington corporation, its General Partner M. A. egale, President GRANTEE: CITY OF RENTON, a Washington 7mu *Lcipalrporation By: Jesse Tanner Its: a or Attest: lc-� Marilyn er TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT Page 7 of 8 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this Z1�r day of /aoyEr"ggey— , 199 (,, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared M. A. Segale, to me known to be the person who signed as President of Metro Land Development, Inc., the corporation acting as general partner of La Pianta Limited Partnership, a Washington limited partnership, that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of Metro Land Development, Inc. as general partner, and of La Pianta Limited Partnership, for the uses and purposes therein mentioned; and on oath stated that he was duly elected, qualified and acting as said officer or the corporation and that he was authorized to execute the said instrument on behalf of Metro Land Development, Inc. and that the seal affixed, if any, is the corporate seal of the corporation, and that the corporation was authorized to execute said instrument on behalf of La Pianta Limited Partnership. IN WIT ® OF I have hereunt set my hand and official seal the day and year first above WQjF C,a,{ ••� `�t f 3��+t aJ f Signature of Not Print or stamp name of Notary : Notary Public in and for the State of Washington residing at Ks�--• �.:��''"� My commission expires I Zl LS l9 5 WS'STATE OFHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Jesse Tanner & Marilyn Peterson are the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the Mayor and City Clerk, respectively of Renton, a Washington municipal corporation to be the free and voluntary act of such corporation for the uses and purposes mentioned in the instrument. Dated: C fvBeYt 2,q, /99(o Signatu� of Notary I-I S,¢ STE,'HE-'v S Print or Stamp Name of Notary Notary Public in and or the State of Washington, residing at 19E-AIM^I My commission expires 0 0 TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT Page 8 of 8 EXHIBIT "A" Easement Area Sketch Man Y/ 01 I' COD V) O N - - -- - - - - CQ N J \y\yv\ IV7..s Legal Description A strip of land fifteen (15) feet in width having seven and one-half(7.5) feet of such width on each side of the following described centerline: 1� Beginning at the NE corner of the East 'h of the NEIA O of the NW'/a of Section 16, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington, except the North 330 feet and except the East 30 feet; thence South along the East line of said parcel 310 feet to the True Point of Beginning of the centerline; thence westerly perpendicular to the East line of said parcel, 42 feet, more or less, to the terminus of the centerline. EXHIBIT "A" TO TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT EXHIBIT "B" Grantor's Property THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., EXCEPT THE NORTH 330 FEET; AND EXCEPT THE EAST 30 FEET CONVEYED TO THE CITY OF RENTON FOR RIGHT-OF- WAY BY DEED RECORDED UNDER RECORDING NO. 7809071074; AND EXCEPT ALL COAL AND MINERALS AND THE RIGHT TO EXPLORE FOR AND MINE THE SAME AS RESERVED BY DEED RECORDED UNDER RECORDING NO. 3875580; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. SUBJECT TO: EASEMENT FOR TRANSMISSION LINE RECORDED UNDER AUDITOR'S FILE NO. 2571770 AND EASEMENT FOR TRANSMISSION LINE RECORDED UNDER AUDITOR'S FILE NO. 3425304. O Q� EXHIBIT "B" TO TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT 8 -18 -04 R CITY OF RENTON Planning/Building/PublicWorks Department Kathy Keolker-Wheeler, Mayor Gregg Zimmerman P.E.,Administrator August 18, 2004 Mark Hancock Segale Business Park PO Box 88028 Tukwila, WA 98188-4798 VIA Facsimile: (206) 575-1837 SUBJECT: TEMPORARY DRAINAGE EASEMENT (KING COUNTY RECORDING NO. 9612120153) Dear Mr. Hancock: In your letter of August 4th, you request confirmation of the status of the temporary overflow storm drainage system on the Upper Balch Pit property, located south of NE 41h Street and west of Monroe Avenue NE (Parcel No. 1623059059). You ask specifically, if the temporary overflow storm drainage system into the Segale Balch Pit property is still in place, and if the City of Renton expects it to remain for the foreseeable future. According to staff in the City's Surface WaterUtility, the temporary easement for surface water drainage overflow, as agreed to between the City of Renton and La Pianta Limited Partnership, is needed for the foreseeable future, and likely through the term of the agreement, which expires on May 31 st, 2006. If I can be of further assistance,please feel free to contact me at: (425) 430-7286. Sincerel , U Jennifer Toth Henning Principal Planner cc: Ron Straka 1055 South Grady Way-Renton,Washington 98055 R E N T O N 9 This paper contains 50%recycled material,30%post consumer AHEAD OF THE CURVE Wzo SEGALE BUSINESS PARK �.� A LA PJANTA LLC TRADE NAME August 4, 2004 Ms. Jennifer Toth Henning Principal Planner Development Services Division City of Renton 1055 South Grady Way Renton, WA 98055 RE: Temporary Drainage Easement,Parcel#1623059059 Dear Ms. Henning: Per our meeting in City Hall today, we are in discussions with the King County Assessor's office about the valuation of our pit property on Monroe Street,just west of the Greenwood Cemetery. It would be helpful if you could confirm for us the status of the City's storm drainage on Monroe Street as it relates to the "Temporary Easement For Surface Water Drainage Overflow And Agreement"that was executed between La Pianta and the City of Renton on 11/21/96 (recording#9612120153). Specifically, is the temporary overflow storm drainage system into our property still in place, and do you expect it to remain for the foreseeable future? Thank you very much for your help in this matter. Sincerely, ark Hancock PO Box 88028 • Tukwila,WA 98138-2028 5811 Segale Park Drive "C° • Tukwila, WA 98188-4798 Telephone 206 575-2000 • Fax 206 575-1837 1 I , iNHEN ft�4C'r^.DET}RETURN ro: ORIGINAL Office of the ri.}•clerk ; itenton municipal Building AY 200 Mill Avenue South ft E C c 1 v c D THIS 1; genym,WA 98055 )re=jcording to: DEC ({� �� 45 ' ed Partnership,ols WA 9 38 s TEMPORARY EASEMENT EASENENT FOR SURFACL WA R DRAINAGE OVERFLOW AM AAG$IBEMENT V �� S i V'y3crcf\ �` THIS AGREEMENT, made this day of , 199b, between Vi La Pianta Limited Partnership, a Washington limited partnership ("Grantor"), and the City of Renton, a municipal corporation ("Grantee"). 94 WITNESSETH: a �1 WHEREAS,over the past several years,accumulations of rainfall during extreme rainfall events, IM such as on May 16, 1994, have caused surface water to pond and overtop the street curb, run onto property adjacent and to the north of Grantor's property, and into Grantor's property, causing severe erosion to occur; and WHEREAS, Grantee's existing storm sewer system is unable to convey extreme rainfall event storm water volumes quickly enough to prevent ponding at the intersection of NE 4th and Monroe Avenue NE, and the resultant erosion; and WHEREAS, Grantee and Grantor anticipate future ponding and resultant erosion in the vicinity $ of Grantor's property unless measures are taken to modify Grantee's existing storm sewer system; and w WHEREAS, Grantee is currently studying the potential methods and means of permanently improving its existing storm sewer system to manage extreme rainfall event storm water so as to•avoid ponding and resultant erosion in the vicinity of Grantor's property; and WHEREAS, Grantee desires to construct, operate and maintain a temporary overflow storm drainage system to discharge extreme rainfall event excess storm water runoff to Grantor's property until h: Grantee has designed and constructed such permanent improvements to its existing storm water system; and t WHEREAS, Grantor is willing to permit Grantee to construct, operate and maintain such a .;� temporary overflow storm drainage system under certain terms and conditions; 9 NOW THEREFORE, in consideration of mutual benefits, the parties agree as follows: . 1. QR.ANT OF TEMPORARY EASEMENT. As an accommodation to Grantee, Grantor grants and conveys unto Grantee a temporary easement, over, across, under and through Grantor's property (the CU CU TEWORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEEMMNT Page I of S ;a&r, "Easement Area") for the specific purpose set forth below, which easement shall run with the land described herein for a period not to exceed the term hereof, The Easement Area is more particularly described on EXHIBIT"A" attached hereto and incorporated herein by this reference. Grantor's property is more particularly described on EXHIBIT "B"attached hereto and incorporated herein by this reference. I a 2. PURPO$. The purpose of this easement shall be to accommodate Grantee's construction, operation and maintenance of a system for conveyance and discharge of certain surface water("Permitted Drainage") from Grantee's existing storm sewer system onto and into Grantor's private property on a temporary basis (the "Temporary Overflow System"). The Temporary Overflow System shall be designed such that Permitted Drainage shall be conveyed onto and into Grantor's property only under circumstances when Grantee's existing storm sewer system is reasonably expected to overflow, and the conveyance of Permitted Drainage hereunder shall occur only in quantities necessary to prevent overflow of Grantee's existing storm sewer system at the low point thereof located northeasterly of Grantor's property. For purposes of this agreement, "Permitted Drainage" shall mean quantities of storm water accumulating during extreme rainfall events only and a which cannot be accommodated by Grantee's existing storm sewer system, excluding solid materials of any kind, contaminated materials, and any other materials which may not properly be placed on or in Grantor's property pursuant to applicable laws, rules and regulations or permits benefitting Grantor's property, including Special Use Permit SP-92-174 issued by the City of Renton. � 3. TERM OF EASE]1ENT. This Easement shall commence as of they date hereof and shall he coterminous with Special Use Permit No. SP-92-174, and shall be automatically extended to be coterminous with any subsequently issued Special Use Permit authorizing Grantor to continue to fill LQ Grantor's property provided that such subsequently issued Special Use Permit contains substantially the ' Q] same rights as are granted under SP-92-174, and provided further that this Easement shall in any event terminate and expire on May 31, 2006, or on such sooner date as improvements have been made to Grantee's existing storm sewer system such that the need for the Temporary Overflow System and this easement is obviated. Under no circumstances shaIl this easement become permanent. Upon Grantor's request, Grantee shall execute and deliver to Grantor an instrument in recordable form quit claiming and releasing to Grantor all rights and reaffirming the survival of Grantee's obligations hereunder. a. In the event Grantor receives a Special Use Permit subsequent to Special Use Permit No. a SP-92-174, authorizing Grantor to continue to fill Grantor's property,this Easement and Agreement shall be deemed immediately amended to provide that Grantee shall assume full responsibility for all conditions imposed on Grantor in the process of obtaining said permit which relate to or arise out of the rights granted to Grantee hereunder, or to storm water monitoring and sampling and testing of storm water on Grantor's property, At Grantor's request, Grantee shall execute an amendment to this Easement and Agreement setting forth Grantee's obligations arising out of such subsequently issued permit. 4. OBI,.I7AT,JQNS OF GRANTEE WITH RESPECT 10 BASIN STORM SEWER IMPROVEMENTS. Grantee contemplates the design and construction of a storm water system for the Mt. Olivet Sub-Basin of the Lower Cedar River Drainage Basin which Sub-Basin includes Grantor's Property("Basin Storm Sewer Improvements"). As a material consideration for Grantor's agreement to enter into this Easement and Agreement, Grantee covenants, warrants and agrees that: (a)the Basin Storm Sewer Improvements, shall be sized to accommodate storm water from Grantor's property; and (b) Grantee shall support the acceptance into its Basin Storm Sewer Improvement system, of storm water TEWORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT Page 2 of 8 �.GIS..,i_'^�.—'.�6i.... ►...-.�:r.. ,_,s�.srre..rrn.y.•..v+w+®w• .w.�...............-..�.._�_.�. -..�_ ._._. _ _._._ j i i S S i from Grantor's property, and, subject to applicable surface water ordinances, accept such storm water. Grantee's obligations under this Section 4 small survive the expiration or termination of this Easement. 5. COVENANTS AND yd R>E2, _ AN'TIF REGARDING CONSTR=QN. All construction shall be accomplished by a licensed and bonded contractor and/or City of Renton crews, and Grantee's construction of the Ten4�orary Overflow System necessary to convey and discharge the Permitted Drainage onto Grantor's property shall meet all City of Renton requirements (including City of Renton - Ordinance No. 4367, relating to the protection of the Aquifer underlying Grantor's property) and the requirements of any and all other regulatory agencies with jurisdiction,and will in no way restrict,inhibit or interrupt the flow of storm water generated on Grantor's property. a. IImproyM= Sufficient. Grantee agrees to construct the Temporary Overflow System 1 and to modify it as necessary to accommodate the Grantor's use and filling of Grantor's Property, all at i Grantee's sole expense. Grantee warrants that the Temporary Overflow System,in all respects, including any portion which may be constructed or reconstructed on other persons'property, shall be sufficient to prevent ponding and resulting overflow of Grantee's existing storm sewer system in Monroe Avenue N.E. in the vicinity of Grantor's property and any related erosion arising out of extreme rainfall events ? occurring after completion of construction of the Temporary Overflow System b. Ny Permitted Drainagg Allowed. Grantee agrees that only Permitted Drainage as defined herein, is authorized to be conveyed and discharged onto Grantor's property. Grantee covenants " C1j and warrants that it shall use its best efforts to ensure that only Permitted Drainage is conveyed onto Grantor's property through the Temporary Overflow System during the term of this Easement and Agreement. If, despite Grantee's best efforts, substances or materials other than Permitted Drainage are deposited onto or into, or flow onto or into, Grantor's Property, Grantee agrees to remove the same and to restore Grantor's property to its condition prior to such flows and/or disposal. C. Plans and Specifications; Review by Grantor: Grantee agrees to submit a copy of the plans and specifications of Grantee's proposed Temporary Overflow System to Grantor or its representative for approval not later than fifteen (15) days before exercising any of its rights under this Easement and Agreement or entering upon Grantor's property for any purpose in connection with this Easement and Agreement. Grantor shall have the right during such fifteen-day period to review the.plans and specifications, and in the event Grantor shall observe a defect therein, it shall notify Grantee prior to the conclusion of said fifteen-day period, and Grantee agrees to take all steps necessary to correct any such defect. For purposes herein, the term "defect" shall mean the failure to observe reasonable and customary construction and engineering standards or any municipal or other regulation. In the event Grantee does not comply with the intents and purposes of this requirement, an entry upon the property, commencement of construction of the Temporary Overflow System contemplated by this Easement and Agreement, or exercise by Grantee of any of its rights under this Easement and Agreement shall be 3 unlawful and shall cause this Easement and Agreement to be null and void. Irrespective of Grantor's actions under this Section, Grantor does not and will not make any covenant or warranty, express or implied, that any such plans or specifications submitted by Grantee are i accurate, complete or in any way suited for their intended purpose, or in compliance with this Easement and Agreement. Further, Grantee shall indemnify and hold Grantor harmless from any liability, claim or suit, including attorneys' fees, arising from any injury, damage, cost or loss sustained by persons or property as a result of any defect in design, materials or workmanship. TEMPORARY BASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT Page 3 of 8 In the event Grantor shall not notify Grantee in writing of any defect or shall not demand the correction of same within said fifteen-day period, Grantee, and its representatives may proceed to undertake the construction of the Temporary Overflow System and Agreement and may otherwise exercise its rights under this Easement and Agreement. Silence on the pact of Grantor, or acceptance by aGrantor of any specifications, however, shall not abridge or eliminate any covenant or warranty herein i made by Grantee with respect to the safe operation of the Temporary Overflow System. d- No W=anty concerning Grantor'q Property. Grantee understands and agrees that Grantor in no way warrants anything with regard to the suitability of Grantor's property for Grantee's intended use, or of any unobservable subsurface editions in the vicinity of Grantee's proposed Temporary Overflow System or elsewhere. Grantee Acknowledges that Grantor has existing permits to fill Grantor's property. Grantee covenants to defend and hold harmless Grantor for any loss or damage suffered by Grantor or to neighboring property from the use or misuse of Grantor's property, including the Easement Area in the course of Grantee's construction, repair, maintenance and operation of the Temporary Overflow System, including any such damage or loss of soil support, damage or loss to structures, pavement and other improvements and landscaping including plants, shrubs, trees and other ' vegetation. Grantee likewise covenants to defend and hold harmless Grantor from any such loss or f damage arising out of the insufficiency of the Temporary Overflow System. Grantee also covenants to clean up the affected area of Grantor's property after construction and restore said area to the condition existing as of the date of this Easement and Agreement. lei e. Installation of Monitorin¢)yells:MonirQring. Grantee shall fulfill the requirements of City of Renton Special Use Permit SP-174-92, if required by the City, as respects the installation of i groundwater monitoring wells and water quality sampling and testing to monitor the wells on Grantor's j .j cla Property. 6. GRA=E'S RIGHT DF ACCESS. Grantee shall have the right of access over and across the Easement Area to enable Grantee to exercise its rights and fulfill its obligations hereunder, provided,that Grantee shall reasonably compensate Grantor for any damages to any pavement or landscaping located on the Easement Area and for any damage to Grantor's adjacent real property and/or improvements caused by the exercise of such rights of access. Grantee shall also have the right of access over and across Grantor's property for the purpose of trimming and removing the flex pipe which will extend into Grantor's property. Such access shall be provided by Grantor upon prior notice from Grantee or upon Grantor's notice to Grantee that the trimming is required(which notice Grantor may, but shall have no obligation to give), and in any event in accordance with arrangements made between Grantor and Grantee at the time of such notice. s 7. GRANTOR'S USE OF THE EASEMENT AREA. Grantor may use the Easement Area for continued placement of fill and for any other purposes not inconsistent with the rights herein granted, provided that Grantor shall not: a. Erect or maintain any buildings or structures within the Easement Area, provided however, that asphalt-paved access roads may be constructed and maintained; b. Develop,landscape,or beautify the Easement Area in any way which would unreasonably increase the costs to Grantee of restoring the Easement Area and any private improvements therein; or TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT Page 4 of 8 L:.'G--.liRl'•+fAd�-EHWilT1A.,YAa;..I.flid�i�• o.u.... __-.. ..- .or-. .�+• .r._-�.--....._.._...__ ._ �F 3� i 7 i C. Blast within fifteen(15)feet of the Easement Area. Grantor reserves all rights with respect to and including the Easement Area and its adjacent real property, including, without limitation, the right to grant easements, licenses and permits to others subject to the rights granted herein. 8. INS11RANCE. Grantee shall, at all times during the period when this Easement and Agreement is in effect, keep in full force and effect a policy of Comprehensive or Commercial General Liability Insurance with a Broadening Liability Endorsement with respect to the Easement Area, the Temporary Overflow System, and liabilities and obligations otherwise arising under this Easement and Agreement or applicable to Grantee's exercise of any of its rights hereunder, together with Business Automobile 1 Insurance to include owed, non-owned and hired auto as applicable, all with a combined single limit per occurrence for personal or bodily injury and property damage of not less than Five Million Dollars ($5,000,000.00), or in such greater amounts as Grantee may, from time to time, acquire. The policy shall name Grantee as insured, and Grantor as an additional insured and/or named insured with respect to Grantor's property, as required, and shall contain a clause that the insurer will not cancel or change the insurance without first giving Grantor thirty (30) days' written notice. The insurance shall be provided by an insurance company approved by Grantor and a copy of d-ie policy or a certificate of insurance shall be delivered to Grantor from tinge to time upon Grantor's request_ All liability policies O shall be written as primary policies, not contributing with and not in excess of coverage which Grantor may carry. All such insurance shall specifically insure the performance by Grantee of the indemnity agreement as to liability for injury to or death of persons or damage to or destruction of property contained in Section 14 herein, entitled "Grantee's Agreement and indemnity". Grantee's obligations under Section 14 herein, shall not be construed to have been limited by the amount of insurance required or provided in connection with this Easement and Agreement. 4. OPERATION. MAINIENANCE ANl7 REPAIR BY GRANTEE. Grantee covenants and agrees j to operate, maintain and repair its existing storm sewer system in Monroe Avenue N.E. and N.E. 2nd Street and its associated infiltration system in a first class manner, and shall clean out and remove accumulated sediments from such system on a regular basis to keep to a minimum the need to allow storm ! water from Grantee's existing storm sewer system to enter onto Grantor's property. Grantee hereby covenants and agrees to pay all costs of maintenance, repair, and reconstruction of any portion of Grantee's storm sewer system, including the Temporary Overflow System, upon Grantor's property. 10. GRANTOR'S RIGHT TO TEMPORARILY SUSPEND EASEMENT RIGHTS. In the event: (a) Grantee's use of the Temporary Overflow System shall, in Grantor's judgment, impair or restrict Grantor's use and/or filling of Grantor's Property; or (b) Grantor's Property no longer has sufficient capacity to accommodate Permitted Drainage, Grantee shall, at Grantor's request, suspend Grantee's rights under this Easement and Agreement until such time as Grantor gives Grantee written notice that Grantee may resume use of Grantor's Property hereunder. During such suspension of rights, Grantee shall continue water quality sampling and testing as described herein and all of Grantee's other obligations hereunder, including those described in Section 3.a above, shall continue in full force and effect. 11. GRANTOR'S RIGHT TO TERMINATE EASEMENT RIHTS. This Easement shall terminate upon completion of Grantor's filling operations or at Grantor's desire,upon written notice from Grantor to Grantee advising of the date on which the Easement shall terminate ("Termination Date"). Within thirty (30)days following the Terminate Date, Grantee shall remove any and all Improvements and shall TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT t Papa 5 of 8 restore Grantor's property to its condition as of the date hereof. Upon expiration or termination of this Easement, Grantee covenants and agrees to remove any and all contaminants, solid materials, silts, sediments and/or any other materials (excepting only Permitted Drainage), which have been deposited onto Grantor's property during the term of this Easement. Grantee's obligations to restore Grantor's property,remove other than Permitted Drainage*arefrom, and to indemnify and hold Grantor harmless from claims or damages relating to Grantee's exercise of its rights or performance of its obligations hereunder sball survive the expiration or termination of this Easement. 12. NO ICES. All notices under this Easement and Agreement shall be in writing and delivered in person or sent by registered or certified mail: to Grantor and Grantee at the address indicated in this Section 12; or such other addresses as may from time to time be designated by such party in writing. Notices delivered shall be deemed given when received and notices mailed as aforesaid shall be deemed given on the date of such mailing. GRANTOR: GRANTEE: LA PIANTA LIMITED PARTNFRSEIIP CITY OF RENTON P. Q. Box 89050 200 Mill Avenue South Tukwila, Washington 98LM Renton, Washington 98055 ATTN-. Ann Nchols ATTN: Gregg Zimmerman, CO) Administratot,Planning,Building and lf� Public Works 13, R-E SE OF RESTRICTIVE COVENANT. Grantee is in the process of designing Basin Storm rl Sewer Improvements as defined herein. Grantee covenants and agrees that the Basin Storm Sewer Improvements will be sufficient at the time of installation of the Basin Storm Sewer Improvements to: '. (a) manage future storm water from Grantor's property (whether developed or undeveloped); (b) cause the Temporary Overflow System to be or continue to be unnecessary; and(c)resolve the concerns which gave rise to the imposition of that certain Restrictive Covenant dated April 19, 1983 and recorded against jGrantor's property, under King County Auditor's File No. 8306090718. Grantee shall notify Grantor d in writing when the Basin Storm Sewer Improvements have been completed. As a material consideration j for Grantor's agreement to enter into this Easement and Agreement, Grantee covenants and warrants that 3 Grantee shall use its best efforts to secure in writing a finding by the City of Renton Hearing Examiner that said Restrictive Covenant is no longer necessary and that Grantor and Grantee shall execute and record an appropriate legal instrument terminating said Restrictive Covenant and releasing the same of record. Such finding and legal instrument shall be delivered to Grantor in writing on the earlier of: (a) thirty(30)days following receipt of written notice from Grantor advising that Grantor's filling operations on Grantor's property are completed; or (b)thirty(30)days following the date on which the Basin Storm Sewer Improvements are completed. ` 14. OANIM,S AGRE EM:FNT AND INDFMNITY. As a.material consideration of Grantor granting this Easement and entering into this Easement and Agreement, Grantee released, indemnifies and promises to defend and save harmless Grantor, its, agents and employees, from and against any and all liability,losses,costs,damages, expenses, actions and/or claims,including but not limited to those arising out of damage or destruction of property, injury to or death of persons, and environmental contamination and any and all costs associated with environmental cleanup, including costs and fees of experts, and reasonable attorneys' fees, alleged or arising out of Grantee's exercise of its rights or performance of its TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT Pap 6 of 8 r` i obligations under this Easement and Agreement. Grantee shall not be required to indemnify Grantor against liability for any portion of the damages (if any) caused by or resulting from the sole negligence of Grantor. By accepting and recording this easement, Grantee does hereby agree to all provisions Contained in this instrument. 15. ASSIGNMENT. This Easement and Agreement and any and all rights granted hereunder are personal to Grantee and shall not be assigned or otherwise transferred, in whole or in part, by any mechanism whatsoever or for any purpose whatever. 16. BRMjh Q EFFECT. This Easement and Agreement shall be binding upon the parties, their heirs, successors in interest and assigns. Grantor covenants that it is the lawful owner of the subject property and has a good and lawful right to execute this Easement and Agreement. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. GRANTOR: v4 LA PIANTA LIMITED PARTNERSHIP, a Washington limited partnership � By: Metro Land Development, Yne., a Washington corporation, its General Partner M. A. egale, President GRAN EF- CITY OF RENTON, a Washington m cipal corporation By: Jesse Tanner s Its: o Attest: vi^� Marilyn Mera r 77-UPORARY EASEMENT'FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT Page 7 of 8 STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this ZI t day of f , I991 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and swam, personally appeared M. A. Segale, to me known to be the person who signed as President of Metro Land Development, Inc., the corporation acting as general partner of La Pianta Limited Partnership,a Washington limited partnership, that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of Metro Land Development, Inc. as general partner, and of La Pianta Limited Partnership, for the uses and purposes therein mentioned; and on oath stated that he was duly elected, l qualified and acting as said officer or the corporation and that he was authorized to execute the said instrument on behalf of Metro Land Development,Inc. and that the seal affixed, if any, is the corporate aseal of the corporation, and that the corporation was authorized to execute said instrument on behalf of La Pianta Limited Partnership. j IN �'V �©F I have her set nt3' hand and official seal the day and year first shave tlt Signature of Not PUBL(IZ Ica Print or stamp na ne of Notary V s Notary Public in and for the State of Washington, '` QF' i+A �\ �= residing at Q- V4 ''•,, .�' My commission expires 7-1 tom?I',!F1. STATE 6PVX°SHINGTON ) } ss. COUNTY OF KING } I certify that I know or have satisfactory evidence that Jesse Tanner & Marilyn Pglgrson are the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the Mayor and City Clerk,resp , 'vely of Ren g% a Washington municipal co ration to be the free and voluntary act of such corporation for the uses and purposes mentioned in the instrument. Dated: s tg of Notary Pratt or Stamp Name of Notary Notary Public in and for the State of Washington, residing at My commission expires 10 —/9-9 7 TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT Page 8 of 8 EXI ff "A" Easemmt Area Sketch M� a Vool Ln j&gal Descri ion s A strip of land fifteen (15) feet in width having seven and one-half(7.5)feet of such width on each side of the 0 following described centerline: �J 1 Beginning at the NE corner of the East 'h of the NE'k � 9 of the NWIA of Section 16, Township 23 North,Range n 3 5 East, W.M., in the City of Renton, King County, C Washington, except the North 330 feet and except the East 30 feet; thence South along the East line of said parcel 310 feet to the True Point of Beginning of the centerline; thence westerly perpendicular to the East line of said parcel, 42 feet, more or less, to the terminus of the centerline. EXHIBIT "A" TO TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW ANb AGREEMENT f E/1WBI NB" ! Grantor's PropertY THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16,TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M_, EXCEPT THE NORTH 330 FEET; AND EXCEPT THE EAST 30 FEET CONVEYED TO THE CITY OF RENTON FOR RIGHT-QF- t WAY BY DEED RECORDED UNDER RECORDING NO. 7809071074; AND EXCEPT ALL COAL AND MINERALS AND THE RIGHT TO EXPLORE FOR AND IvIINB ' THE SAME AS RESERVED BY DEED RECORDED UNDER RECORDING NO. 3875580; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. SUBJECT TO: EASEMENT FOR TRANSMISSION LINE RECORDED UNDER AUDITOR'S FILE NO. 2571770 AND EASEMENT FOR TRANSMISSION LINE RECORDED UNDER AUDITOR'S FILE NO. 3425304. M eq t�7 E,MBtr "B"TO TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT �- From: Ronald Straka To: Gregg Zimmerman Date: 02/02/2007 3:06-30 PM Subject: Re: Monroe Ave. Overflow system Great, I figured they would be willing to work with us to improve the overflow. Thanks Gregg for getting the ball rolling on this project, the Surface Water Utility will coordinate with Mark Sagale and take it from here. >>> Gregg Zimmerman 02/02/07 2:43 PM >>> I had a good conversation with Mark Segale (206-575-2000) today reqarding the McChevron's flooding/erosion issue. Segale's invoice for the repair work is in and I have sent it up to HR. I told Mark that we will be looking into the operation of the overflow system to see if any revisions are needed to assure the system provides adequate protection to this slope. I told him that one possibility would be an additional overflow line, which might require some easement adjustments. Mark said he would be happy to work with us and to as needed with access and easement issues. Gregg 3 fib CC: Daniel Carey; Lys Hornsby S M T (or�rpa -31 -0�- From: Ronald Straka To: Gregg Zimmerman Date: 01/31/2007 8:44:05 AM Subject: Re: McChevrons We are investigating the option of improving the overflow to reduce the risk of these damages again. Making this improvement will require approval from Sagale to allow us to construct a 2nd overflow pipe into the upper Balch Pit. We haven't had a conversation with them yet about this, but given what has happened, I am hopeful they would be agreeable. Since you have a good working relationship with Sue Carlson regarding this problem, would you be willing to introduce the concept of improving the overflow into the upper Balch Pit with them? If they are willing to consider such a proposal the Surface Water Utility would work with Sagale on the details. Otherwise we will be contacting them soon to determine if they would be willing to consider allowing us to improve our overflow capacity into the upper Balch Pit to reduce the risk of the damages from flooding in the future. I just want to note that since we cannot control nature we could experience a flood event that exceeds the 100-yr flood and the damages could happen again. The damages can happen again depending on the significance of the event and we shouldn't make any promises that they would not happen again, unless we start designing, regulating and funding efforts to meet higher design standards ( 500-yr flood?). We can do things that reduce the risk of damages or damages in general, but cannot prevent damages from any and all events. Thanks >>> Gregg Zimmerman 01/30/07 4:31 PM >>> Thanks, Ron. Shouldn't be too much. I would still like us to pursue a fix on the overflow structure so we won't face this again. If it happens a third time we will have some explaining to do on the 7th floor. Gregg >>> Ronald Straka 01/30/07 1:53 PM >>> I did a superfical inspection today also and I agree that it looked good on the surface. They did a good job on the erosion control only we can only hope that they used good material and did good compaction. Time will tell. Thanks for working with Risk Management to get this paid out of the 502 Fund. I suppose the Surface Water Utility indirect payment to the Insurance fund will go up next year, or at least they will have a reason to increase it. >>> Gregg Zimmerman 01/30/07 1:27 PM >>> Ron, FYI Segales has completed their site restoration work at the McChevrons in case you wish to inspect this. A very superficial inspection by me indicated that it looked like the work was complete, but I did not do any quality control type of inspection. The most important thing is whether Sam, the owner, is satisfied. CC: Daniel Carey; Lys Hornsby *Sent y: FASKCO,F&M CHEVRON, 425254 1294; Dec-11 -06 1 :07PM; Page 1 /3 Samir r.Aboulhoaon FASKCO Inc 4"'and Monroe Chevron FASKCO Inc 425254-1192 Far-425-254-1294 P" - --o- T« y�/y �/�/ prvnn Faskoo Inc O and Monroe Chevron Fu p}pne: Dalstee MQ CGQ xUrgem ❑ For Review a Flwwo Coe m nt O Pleads Reply ❑ was+►Recycle •Sent"'B/: FASKCO,F&M CHEVRON; 425254 1294; Dec-11 -06 1 :07PM; Page 2/3 December 1, 2006 Faskco Inc. 15516 129' Ave NE Woodinville,WA 98072 206-790-2227 425-254-1192 La Pianta p,0. Box 88028 Tukwila, WA 98138 CERTIFIED MAIL Re: Mud Slide Adjacent to our property located at 3209 NE 4`h St Renton, WA Dear Mr. Mark Segale: Please be advised that there has been a mudslide on your side of the property line between your lot and our business premise lot located at the above mentioned address. The city of Renton, their Geo-Tech Engineer and my insurance under-water, Enumclaw Insurance,have inspected the location. They have agreed that a significant amount of dirt has eroded from the dirt embankment which lies on your side of the property line. This erosion was caused by the large gravel mining operation that took place on your prnpeTh'. As you know,the public uses our business premise extensively and we have invested a few million dollars in the business,which is now in jeopardy. The mudslide described above poses a dangerous situation with a considerable liability exposure for your company if this problem is not rectified immediately. Any further delay could worsen the situation. We have taken proper measures to protect the area�fr'o�dar�ig T in��putting adequate signage and barriers to indicate and warn of the po parking is allowed in the parking lot adjacent to the mudslide until you resolve the issue adequately and rectify the problem. r 'S,ent 'Sy: FASKCO,F&M CHEVRON; 425254 1294; Dec-11 -06 1 :OBPM; Page 3/3 please provide the name of the legal owner of the property so he can be advised of the dangerous situation immediately. you, amir roll son President of Faskco Inc. CC: Paul Bailey/Claim Representativ Mutual of Enumclaw Ins, Co. Allen Quynn City of Renton /�-2D - 06 ti�Y o City of Renton a: 1055 South Grady Way Renton, WA 98055 Date: 11/20/2006 TO: Sam Aboulhoson FROM: Allen Quynn Phone: ( ) Phone: (425) 430-7247 Fax Phone: (425) 254-1294 Fax Phone: (425) ISUBJECT: La Pianta Mailing Address I Number of pages including cover sheet REMARKS: ❑ Original to ❑ Urgent ❑ Reply ❑ Please [ For your be mailed ASAP Comment review Dear Mr. Aboulhoson, The adjacent property to the south of the MacDonalds/Chevron at the corner of Monroe Ave. NE and NE 4Ih St. is: La Pianta, LLC P.O. Box 88028 Tukwila, WA 98138 Att: Mark Segale Please call me if you have any questions 425-430-7247. G.4RY RENTON AHEAD OF THE CURVE - - ------ -- - i-,Alle.,t Quynn - Re: NE 4th and Monroe Cost Estimate Page'! From: "Bob Plum" <BPlum@kleinfelder.com> To: "Allen Quynn" <aquynn@ci.renton.wa.us> Date: 11/16/2006 2:51:55 PM Subject: Re: NE 4th and Monroe Cost Estimate Allen: Our cost estimate is based on Unit prices for larger projects from WSDOT, we increased all unit prices by 25% to account for the small volumes.Based on a unit price sheet from WSDOT, quarry spalls are less expensive than placing and compacting select fill. Thus we have assumed that virtually all of the backfill will be quarry spalls assuming the aesthetic is not a problem (Can't really see slope anyway). Place 2 feet of quarry spalls over lower portion of slope below failure to protect the slope from future water damageThe debris from the slide will be excavated and hauled off the site. There would be a saving if the material was just spread around, seeded and left on site.We assumed some nominal excavation to remove debris, vegetation, and soils to form a uniform, benched surface to place the quarry spalls on. We assumed that this excavated material would also be removed from the site.A nominal cost to repair the fence.We include no costs associated with paving repair or repair of expose pipes.ln general, the most effeciant construction might be for a large excavator to work from the bottom of the slope and up to slope to clear away debris and exisitng slopes to form the uniform, benched surface to Place the quarry spalls on. The quarry spalls could then be dumped from the top and/or placed from the bottom. Based on visual approximations, a rough cost estimate is: General Mobilization and Misc. $ 7,500 Slope excavation and Benching 125 cy x$20/cy= $ 2,500 Removal of Slide Debris at toe 400 cy x $20/cy= $ 8,000 Quarry Spalls 700 cy x $15/cy=$10,500 Fence Repair $1,500 Trackhoe (guesstimate) 24 hrs x $250/hr= $6,000 Rough Estimate $36,000 Bob PlumPrincipal ProfessionalKleinfelder Office Phone: 425-562-4200Cell Phone: 425-417-2241 Fax: 425-562-4201 KLEINFELDER EXPECT MORE ------------------------------------------------------------------------- Warning: Information provided via electronic media is not AN ►, Quynn Re: NE 4th and Monroe Cost Estimate Page 2 1 guaranteed against defects including translation and transmission errors. If the reader is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this information in error, please notify the sender immediately. CC: "Brendan Fisher" <BFisher@kleinfelder.com> or Ronald Strakai NE 4th St and Monroe Ave NE Slope Failure y Wk Authorization From: Ronald Straka To: dcotton@kleinfelder.com Date: 11/09/2006 4:13:57 PM Subject: NE 4th St and Monroe Ave NE Slope Failure-Work Authorization have selected you off of the City's annual consultant roster and authorize you to perform work to investigate and assess a landslide that occurred in the vicinity of NE 4th St and Monroe Avenue NE at 3209 NEf h Street, Renton WA. During the November 6th flood,the storm systems in Monroe Avenue NE and NE 4th Street surcharged and caused ponding south of NE 4th street on Monroe Ave NE in the low point of the street. Water ponded to an elevation that exceeded the top of curb and back of side walk. The water flowed onto the private property(MacDonalds/Cheveron Station)to the west of Monroe Ave NE along their south property line and then onto the adjacent property to south. The adjacent property is owned by LaPianta LLC (Sagale)and is the Upper Balch Pit. The topography on the adjacent property slopes down to the bottom of the pit approximately 50 ft. The flood waters flowed down the slope and eroded it or caused it to fail such that about 6-feet of the MacDonalds property slid down the slope exposing power conduits and irrigation lines. The MacDonalds has parking stalls approximately 10-ft from where the top of the slide stopped. Attached are pictures of the slide and a site plan for the MacDonalds restaurant that shows the location of the slide on the property. As we discussed we will meet with you at 8:30 AM on Monday November 13, 2006. We are interested in you preparing at technical memorandum that determines the cause of the slope failure, the safety of the parking stalls adjacent to the slide and a description and conceptual repair of the slope failure that includes material to be used construction method and any other specifications associated with the repair. As we discussed you are authorized to perform the work up to an amount not to exceed $2,500. The purchase order for you to use on your invoices for the work will be email to you later. will see you on Monday. Please contact me if you have any question on Monday as we will be closed for business tomorrow. Thanks Ronald J. Straka, P.E. City of Renton Surface Water Utility Engineering Supervisor 1055 S. Grady Way-5th Floor Renton WA 98055 Phone: 425-430-7248 Fax: 425-430-7241 Email: rstraka@ci.renton.wa.us CC: Allen Quynn; Michael Stenhouse; Richard Marshall Allen Quynn -Amendment to Easement (copy attached) Page 1 233o From: "Mark Hancock" <mhancock@segaleproperties.com> To: <aquynn@ci.renton.wa.us> Date: 6/8/2006 11:53:10 AM Subject: Amendment to Easement (copy attached) Allen - The stormwater easement was signed by us on May 31, and recorded on June 2 as#20060602001486. I've attached a copy from the recorder's website, and will mail you a copy of the original when I get it(so far I've just got the conformed copy). Thanks a lot for your help, Mark Re#urn Address �a,f'ianta LLC ; "P.O. Box. 88028 Tukwila,-`WA 98138 :. -Attri: Jacek Pawlioki 11111 lilt 20060602001486 CQ17170NWEALTH L EAS 40.00 PgqGF8�01 OF 008 '•'`' QtB/02/U08 14:39 :;: •`' ICING COUNTY, WA Document Title(s) (or transactions contained therein): . Amendment to Temporary Easemefit f6r.5666ia Water Drainage Overflow and Agreement all Reference Number(s) of Document6 assigned or r6leasett:.: g� (on page... :of documents(s)) 70 Granto (s);(I as#:.name first, then first name and..ipitiai]s);,. 1. La Pianta.,-LLG-V 2...Qty;-6f Renton: Grant e (s) (Last name first, then first name and initials): 1. La"Piafrta LLC:, 2. Cit of Renton✓..: Legal description (akabreviatecf ,, i1. lbt;block, plat or section, township, range) PORTION OF SECTION 16;-TOWNSHIP 23 NORTH, RANGE 5 ❑X Full legal is on page 7 of document:••-'• Assessor's Property Tax Parcel/Accbu.nt Number 1623059059 t. A►M.ENDMENT TO TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT THIS` AMENDMEI�T'TO.,�'EMPORARY EASEMENT FOR SURFACE WATER:DI`AtNAGE OVERFLOW AND AGREEMENT (the "Amendment") is made and entered into this� day a�, , 2006, by and between La Pianta LLC :,a Washington ..lirri fed liability:.* iability:cum any, as successor by merger with La Pianta Umited'Partnership.("Grantor"), and the City of Renton, a municipal corporatiop ("Grantee") RECITALS ' : A. Grantor and Grantee entered: nto;fh:at certain Temporary Easement' Surface Water Drainage Overflow and Agreement, dated,:: November 21, 1996 and recorded Decf.1m 6rr'1.2,:.199.6 as:,lnstrument Igo. 9612120153 in`the records of King Countyt,.State of:Washington (the: 'Agreement":), pursuant to which Grantor granted t6 Grantee„certain.1ights for the conveyance and discharge of surface water over.Grantor's property, which is more particularly described in Exhibit A attached hereto.:Capitalized terms used in this Amendment shall have the same meanitigs`given them in the Agreement unless the context requires otherwise. B. ;Grantor' arhd Grantee desire to amend the Agreement on the terms and-conditions set forth in this Amendment. AGREEMENT NOW, THEREFORE .in,consider4tion':6f4he mutual covenants set forth in this Amendment and for other good 4nd aialuab#e.consideration, the receipt and sufficiency of which are,acknoWledge.d, the parties agree as follows: 1. Amendments to the.Easement 1.1 Term of the Agreement.. The Agreement is hereby amended by`deleting Section 3 in its entirety and substituting the following therefor: 3. TERM OF EASEMENT. This Easement shall commence• . as of the date hereof and shall be coterminous with Special Use Amendment to"remporary•for Surface Water Drainage Overflow and Agreemcnt PAGE 1 56106 Permit No. SP-92-174, and be automatically extended to be ....coterminous with any subsequent issued Special Use Permit authorizing Grantor to continue to fill Grantor's property provided that such subsequently issued Special Use Permit contains "Su6sta 6fially the.same rights as are granted under SP-92-174, .and providedfu i�ther-:Ihat this Easement shall in any event terminate aril expire on-July 31, 2011, or on such sooner date as improvements 0�en rhade to Grantee's existing storm prQVem hts t�4. sewer sYstern such that fh'&heeid for the Temporary Overflow :System and this easement:-is,-obviated. Under no circumstances sha'Il'this:-:eas-,6meht lq,od,orne::.permanent. Upon Grantor's request, Grantee:shall execute and.deIi,W:to Granto-r.an instrument in recordable*form quit cl6im-i-rig'and releasing to"Grantor all rights and reaffirming.the sUrvival'of Grantee's,obligations hereunder. a. In the event aran:tQr receives-a Spe-6ia[,,Use Permit .7 :::subsequent to Special Use Pei* rniit. No:.'SP-92'-1 74, authorizing Grantor to continue to fill Grantor.,s property,jH's asement and the Agreement shall be de i-d" em6- immediately amended to provide that Grantee shall assume full respon-6ibility-f6rbll conditions W i M. poSed on Grantor in the process of obtainingsaid permit which relat6 to or arise out of the rights granted'to,Grant6e'her*eunder, or to 5torrn-water monitoring and sampling and.-.testing .Of storm ' water on Grantor's property. At Grantor's request; Grantee shall execute an amendment to this Easement and Agreement setting forth *Grantor's tor's obligations arising out of such subsequently issued ,permit; 1.2 Right to.Termlnate The Agreement is hereby amended by deleting Section 11 in its entirety and substituting the following,th6refor-:: 11 . GRANTOR'S RIGHT TQTE.RMINATE EASEMENT RIGHTS. This Easem6nt'::§h;all tei-mi-nate upon completion of Grantor's filling operations dr-'at:'Grantor's desire, .upon-written notice from Grantor to Grantee advising of the dateon which the Easement shall terminate ("Termination -Date"),::Which::O,ate .sh.all., be no sooner than eighteen (18) months fr6mjhb da.te..O'.'f Grantor's notice. On or before the Termination batq,.Qrahtee shall remove any and all Improvements and shatt restore Amendment to Temporary for Surface Water Drainage Overflow and Agreement PAGE 2 5/5/06 Grantor's property to its condition as of the date hereof. Upon .expiration or termination of this Easement, Grantee covenants and agrees to remove any and all contaminants, solid materials, silts,-,sediments and/or any other materials (excepting only Permitted Drainage), which have been deposited onto Grantor's property during`the term of the Easement. Grantee's obligations toff store. property, remove other than Permitted Diainage:�th�erefro.hir;,:,�nd td indemnify and hold Grantor harmless from claims or dgi ages"r Al ting to Grantee's exercise of its rights '-or perforrmanoe of its obttg�at ohs hereunder shall survive the expiration or.-fermination..&this Easement. 1.3 Notioes The notice information..for both'.parties set forth`irh:Section 12 of the Agreement is hereby amended as.fc llows ao `�tRANTOR:°+ PIANTA LLC P.O.Box 88028 Tukwila, Washington 98138 Attn. Jaeek Pawlicki GRANTEE: aTY:-6F::RE.NTON 1056:5,::Grady Way Renton, W6shington.9$055' Attn`:Adniin strator of Planning, Building and Public Works 2. No Other Changes:artd ll tegration ` In all other respects, the Agreement, except as amended by this Amendment, is ratified and confirmed and shall remain without change. Additionally, it is expressly understood:and agreed that there are no other promises, agreements, conditions, understandings,:.-inducements,,Warranties or representations, written, express or implied:;:'betvireen the parties hereto or their employees or agents with respect to this Amendment other.thah as herein set forth; and no prior agreements, understanding or representations pertaining as to any such matters shall be effective for any purpose Amendment to Temporary for Surface Water Drainage Overflow and Agreement PAGE 3 IIV WITNESS WHEREOF, the parties have entered into this Amendri enfas of the date and year first above written. GRANTOR: :``LA PIANTA LLC, a Washington limited liability::company, as successor by merger rtiith_46:Pianta Limited Partnership By:;:IVI tro Land Development, Inc., its Manager Name:., A.:Segal : Its: President j:. GRANTEE: CITY OF RENTOWa Washin.&.h corporation B _ Y• Name: Katy Keolker Its: Mayor Attest,".. Name: Bbnnie .r. Walton, City Clerk Xe Amendment to Temporary for Surface W ater Drainage overflow and Agreement ��q t 0 9EQ 4' ; `PAGE 4 '••............�` 5L5106 ST E �?F.:WASHINGTON ) ) SS. ,"COUNTY OF KING ) On this i MY of 2006. before me, the undersigned, a Notary..Pul lac end f I the S tit Washin ton, duly commissioned and sworn, personally appeared M,.- A. agate,:to me known to be the person who signed as Preside�it o Metro Lend 1&e,lopment, Inc., Manager of LA PIANTA LLC, the limited liability company..th�af�executed the within and foregoing instrument, and ackrwv+tfedged sfiid:instrument-to be the"free and voluntary act and deed of said partnefshio for the uses and.�purp�ses therein mentioned, and on oath stated that M. A. S:66'We Was°authorized to execute said instrument on behalf of fhe:con`pany Y� I.N WITNESS WHEREOF I have hereunto sef my haricl and:`ofciat seal the day and year first above written. (Signature Notary) GEOR£� NQ'i`ARY PtiiBLIC .:� STATE OF WA$HtNGTO Gtsr�yC • . l�v I S0. GonnNSSIort.�c��Es (Print or stamp name of Notary) DECEMS 07 :. N0TARY PUBLIC in and for the State :-of.Washington, residing at KA—t IUty appointment expires: 1 Z[is log Amendment to Temporary for Surface Water Drainage Overflow and Agreement PAGE'S 5/4/06 STATE:O.F.WASHINGTON ) ) ss. tou OF i r1 ,Qn this 3.� day;:of -Ad V. 2006, before me, the undersigned, a Notary P.ul:iic in and fdr;fhe S ate pf*WO.shington, duly commissioned and sworri;'.peronall ''appealed t' Ka-A it '0'MJ tr ,: '' - , to me known to be the person who stidned as. Y.." of CITY OF RENTON, the municipal.corporat onhat-'executed the within and foregoing instrument, and acknowtedOd s&id:�insiumtht'to be tha-frpe and voluntary act and deed of said municipal toip'oratian for the:uses',arad purposes therein mentioned, and on oath statedtha# S . e :' wa dul..y'eaected, qualified and acting as said officer of the corppratiori, that S e was authorized to execute said instrument. .Y? IN WtTNES.S WHEREOF I have hereunto sat my hand and:'-of#fciai'seal the day and year first above written. t� ���ti �.=„ � � E��9-his✓.. 'tip`` °� s►oni'-�q" (Signature of Nota 101 _ ..,Y � (Print or stamp name of Notary) NOTARY PUBLIC in and for the State �9 ''� g�o�•' °��' of Washington, residing at L h e 1 My.appointtment expires: _//-/9-o8 Amendment to Temporary for Surface Water Drainage Overflow and Agreement PAGEi.6 5l5l06 Schedule 1 to Driveway Easement Grantor's Property THE AST'/z QF...-THrE 40RT 1ST,1, QF..THE NORTHWEST Y4 OF .NO SECTION 16, TOWNSHIP;21R-C, -RANGE 5 EAST, W.M., EXCEPT THE NORTH 330 FEET;' AND EXCEPT THE EAST 30 FEEICONVEYED:T0 THE,.** OF RENTON FOR RIGHT-OF-WAY BY.PEED REQORDFD..UN.DER''RECORDING NO. 7809071074; AND EXCEPT ALL COAL AND MINERALAND THE RIGHT TO`-F_XPLORE FOR ANO MINE. THE SAME AS RESERVED;E Y.DEED RECORD' ED UNDER RECORDING NQ. 3875580; SITUATE;,fN T.HE;CITY OF RENTON, COUNTY OF k- IN`G;STAT- E.`OF` WASHIN-GTQN. SUBJECT.TO EASEMENT FOR TRANSMISSION LINE RECORDED UNDER AUDITOk'S FIRE N(}:;2571770 AND EASEMENT FOR TRANSMISSION LINE-#2EC( RDED;I.JN:DE t AUQTOR'S FILE NO. 3425304. Amendment to Temporary for Surface Water Drainage Overflow and Agreement PAGE 7 5/166 �Y o CITY OF R ENTON ♦ ♦ Office of the City Attorney Kathy Keolker,Mayor Lawrence J.Warren Senior Assistant City Attorneys Mark Barber Zanetta L.Fontes Assistant City Attorneys Ann S.Nielsen Garmon Newsom II Shawn E. Arthur MEMORANDUM RECEIVED To: Allen Quynn, Surface Water Engineer MAY 2 2 2006 From: Lawrence J. Warren, City Attorney CITY OF RENTON Date: May 10, 2006 UTILITY SYSTEMS Subject: Amendment to Temporary Easement for Surface Water Drainage Overflow and Agreement The amendment to the temporary easement for surface water drainage overflow and agreement is approved as to legal form. t Lawrence . . Warren LJW:tmj cc: Jay Covington Ron Straka Gregg A. Zimmerman, PE Post Office Box 626-Renton, Washington 98057-(425)255-8678/FAX(425)255-5474 R E N T O N ®This paper contains 50%recycled material AHEAD OF THE CURVE .30%,post consumer